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PART 43—REPORTS OF COMMUNICATION COMMON CARRIERS, PROVIDERS OF INTERNATIONAL SERVICES AND CERTAIN AFFILIATES Authority: 47 U.S.C. 35-39 , 154 , 211 , 219 , 220 ; sec. 402(b)(2)(B), (c), Pub. L. 104-104 , 110 Stat. 129. Source: 28 FR 13214 , Dec. 5, 1963, unless otherwise noted. § 43.01 Applicability. ( a ) The sections in this part include requirements which have been promulgated under authority of sections 211 and 219 of the Communications Act of 1934, as amended, with respect to the filing by communication common carriers and certain of their affiliates of periodic reports and certain other data, but do not include certain requirements relating to the filing of information with respect to specific services, accounting systems and other matters incorporated in other parts of this chapter. ( b ) Except as provided in paragraph (c) of this section, carriers becoming subject to the provisions of the several sections of this part for the first time, shall, within thirty (30) days of becoming subject, file the required data as set forth in the various sections of this part. ( c ) Carriers becoming subject to the provisions of §§ 43.21 and 43.43 for the first time, because their annual operating revenues equal or exceed the indexed revenue threshold for a given year, shall begin collecting data pursuant to such provisions in the calendar year following the publication of that indexed revenue threshold in the Federal Register. With respect to such initial filing of reports by any carrier, pursuant to the provisions of § 43.21 (d) , (e) , (f) , (g) , (h) , (i) , (j) , and (k) , the carrier is to begin filing data for the calendar year following the publication of that indexed revenue threshold in the Federal Register by April 1 of the second calendar year following publication of that indexed revenue threshold in the Federal Register. [ 28 FR 13214 , Dec. 5, 1963, as amended at 62 FR 39778 , July 24, 1997; 65 FR 19685 , Apr. 12, 2000; 78 FR 49149 , Aug. 13, 2013; 85 FR 838 , Jan. 8, 2020] § 43.21 Transactions with affiliates. ( a ) Communication common carriers having annual operating revenues in excess of the indexed revenue threshold, as defined in § 32.9000 , and certain companies (as indicated in paragraph (b) of this section) directly or indirectly controlling such carriers shall file with the Commission annual reports or an annual letter as provided in this section. Except as provided in paragraph (b) of this section, each annual report required by this section shall be filed no later than April 1 of each year, covering the preceding calendar year. It shall be filed on the appropriate report form prescribed by the Commission (see § 1.785 of this chapter ) and shall contain full and specific answers to all questions propounded and information requested in the currently effective report forms. The number of copies to be filed shall be specified in the applicable report form. At least one copy of this report shall be signed on the signature page by the responsible accounting officer. A copy of each annual report shall be as retained in the principal office of the respondent and shall be filed in such manner to be readily available for reference and inspection. ( b ) Each company, not itself a communication common carrier, that directly or indirectly controls any communication common carrier that has annual operating revenues equal to or above the indexed revenue threshold, as defined in § 32.9000 , shall file annually with the Commission, not later than the date prescribed by the Securities and Exchange Commission for its purposes, two complete copies of any annual report Forms 10-K (or any superseding form) filed with that Commission. ( c ) Each miscellaneous common carrier (as defined by § 21.2 of this chapter ) with operating revenues for a calendar year in excess of the indexed revenue threshold, as defined in § 32.9000 , shall file with the Common Carrier Bureau Chief a letter showing its operating revenues for that year and the value of its total communications plant at the end of that year. This letter must be filed no later than April 1 of the following year. Those miscellaneous common carriers with annual operating revenues that equal or surpass the indexed revenue threshold for the first time may file the letter up to one month after publication of the adjusted revenue threshold in the Federal Register , but in no event shall such carriers be required to file the letter prior to April 1. ( d ) Each communications common carrier required by order to file a manual allocating its costs between regulated and nonregulated operations shall file, on or before April 1: ( 1 ) A three-year forecast of regulated and nonregulated use of network plant for the current calendar year and the two calendar years following, and investment pool projections and allocations for the current calendar year; and ( 2 ) A report of the actual use of network plant investment for the prior calendar year. ( e ) Each incumbent local exchange carrier, except mid-sized incumbent local exchange carriers, as defined by § 32.9000 with annual operating revenues equal to or above the indexed revenue threshold shall file, no later than April 1 of each year: ( 1 ) Its revenues, expenses and investment for all accounts established in part 32 of this chapter , on an operating company basis, ( 2 ) The same part 32 of this chapter , on a study area basis, with data for regulated and nonregulated operations for those accounts which are related to the carrier's revenue requirement, and ( 3 ) The separations categories on a study area basis, with each category further divided into access elements and a nonaccess interstate category. ( f ) Each incumbent local exchange carrier with operating revenues for the preceding year that equal or exceed the indexed revenue threshold shall file, no later than April 1 of each year, a report showing for the previous calendar year its revenues, expenses, taxes, plant in service, other investment and depreciation reserves, and other such data as are required by the Commission, on computer media prescribed by the Commission. The total operating results shall be allocated between regulated and nonregulated operations, and the regulated data shall be further divided into the following categories: State and interstate, and the interstate will be further divided into common line, traffic sensitive access, special access, and nonaccess. ( g ) Each incumbent local exchange carrier for whom price cap regulation is mandatory and every incumbent local exchange carrier that elects to be covered by the price cap rules shall file, by April 1 of each year, a report designed to capture trends in service quality under price cap regulation. The report shall contain data relative to network measures of service quality, as defined by the Wireline Competition Bureau, from the previous calendar year on a study area basis. ( h ) Each incumbent local exchange carrier for whom price cap regulation is mandatory shall file, by April 1 of each year, a report designed to capture trends in service quality under price cap regulation. The report shall contain data relative to customer measures of service quality, as defined by the Wireline Competition Bureau, from the previous calendar year a study area basis. ( i ) Each incumbent local exchange carrier for whom price regulation is mandatory shall file, by April 1 of each year, a report containing data from the previous calendar year on a study area basis that are designed to capture trends in telephone industry infrastructure development under price cap regulation. ( j ) Each incumbent local exchange carrier with annual operating revenues that equal or exceed the indexed revenue threshold shall file, no later than April 1 of each year, a report containing data from the previous calendar year on an operating company basis. Such report shall combine statistical data designed to monitor network growth, usage, and reliability. ( k ) Each designated interstate carrier with operating revenues for the preceding year that equal or exceed the indexed revenue threshold shall file, no later than April 1 of each year, a report showing for the previous calendar year its revenues, expenses, taxes, plant in service, other investments and depreciation reserves, and such other data as are required by the Commission, on computer media prescribed by the Commission. The total operating results shall be allocated between regulated and nonregulated operations, and the regulated data shall be further divided into the following categories: State and interstate, and the interstate will be further divided into common line, traffic sensitive access, special access, and nonaccess. [ 28 FR 13214 , Dec. 5, 1963, as amended at 49 FR 10122 , Mar. 19, 1984; 50 FR 41153 , Oct. 9, 1985; 51 FR 37024 , Oct. 17, 1986; 52 FR 35918 , Sept. 24, 1987; 58 FR 36143 , July 6, 1993; 61 FR 50245 , Sept. 25, 1996; 62 FR 39778 , July 24, 1997; 67 FR 5700 , Feb. 6, 2002; 67 FR 13225 , Mar. 21, 2002] § 43.41 [Reserved] § 43.43 Reports of proposed changes in depreciation rates. ( a ) Each communication common carrier with annual operating expenses that equal or exceed the indexed revenue threshold, as defined in § 32.9000 , and that has been found by this Commission to be a dominant carrier with respect to any communications service shall, before making any changes in the depreciation rates applicable to its operated plant, file with the Commission a report furnishing the data described in the subsequent paragraphs of this section, and also comply with the other requirements thereof. ( b ) Each such report shall contain the following: ( 1 ) A schedule showing for each class and subclass of plant (whether or not the depreciation rate is proposed to be changed) an appropriate designation therefor, the depreciation rate currently in effect, the proposed rate, and the service-life and net-salvage estimates underlying both the current and proposed depreciation rates; ( 2 ) An additional schedule showing for each class and subclass, as well as the totals for all depreciable plant, ( i ) the book cost of plant at the most recent date available, ( ii ) the estimated amount of depreciation accruals determined by applying the currently effective rate to the amount of such book cost, ( iii ) the estimated amount of depreciation accruals determined by applying the rate proposed to be used to the amount of such book cost, and ( iv ) the difference between the amounts determined in paragraphs (b)(2) (ii) and (iii) of this section; ( 3 ) A statement giving the reasons for the proposed change in each rate; ( 4 ) A statement describing the method or methods employed in the development of the service-life and salvage estimates underlying each proposed change in a depreciation rate; and ( 5 ) The date as of which the revised rates are proposed to be made effective in the accounts. ( c ) Except as specified in paragraphs (c)(1) and (c)(3) of this section, when the change in the depreciation rate proposed for any class or subclass of plant (other than one occasioned solely by a shift in the relative investment in the several subclasses of the class of plant) amounts to twenty percent (20%) or more of the rate currently applied thereto, or when the proposed change will produce an increase or decrease of one percent (1%) or more of the aggregate depreciation charges for all depreciable plant (based on the amounts determined in compliance with paragraph (b)(2) of this section) the carrier shall supplement the data required by paragraph (b) of this section) with copies of the underlying studies, including calculations and charts, developed by the carrier to support service-life and net-salvage estimates. If a carrier must submit data of a repetitive nature to comply with this requirement, the carrier need only submit a fully illustrative portion thereof. ( 1 ) A Local Exchange Carrier regulated under price caps, pursuant to §§ 61.41 through 61.49 of this chapter , is not required to submit the supplemental information described in paragraph (c) introductory text of this section for a specific account if: The carrier's currently prescribed depreciation rate for the specific accounts derived from basic factors that fall within the basic factor ranges established for that same account; and the carrier's proposed depreciation rate for the specific account would also be derived from basic factors that fall within the basic factor ranges for the same account. ( 2 ) Local Exchange Carriers that are regulated under price caps, pursuant to §§ 61.41 through 61.49 of this chapter , and have selected basic factors that fall within the basic factor ranges for all accounts are exempt from paragraphs (b)(3), (b)(4), and (c) introductory text of this section. They shall instead comply with paragraphs (b)(1) , (b)(2) and (b)(5) of this section and provide a book and theoretical reserve summary and a summary of basic factors underlying proposed rates by account. ( 3 ) Interexchange carriers regulated under price caps, pursuant to §§ 61.41 through 61.49 of this chapter , are exempted from submitting the supplemental information as described in paragraph (c) introductory text of this section. They shall instead submit: Generation data, a summary of basic factors underlying proposed depreciation rates by account and a short narrative supporting those basic factors, including company plans of forecasted retirements and additions, recent annual retirements, salvage and cost of removal. ( d ) Each report shall be filed in duplicate and the original shall be signed by the responsible official to whom correspondence related thereto should be addressed. ( e ) Unless otherwise directed or approved by the Commission, the following shall be observed: Proposed changes in depreciation rates shall be filed at least ninety (90) days prior to the last day of the month with respect to which the revised rates are first to be applied in the accounts (e.g., if the new rates are to be first applied in the depreciation accounts for September, they must be filed on or before July 1). Such rates may be made retroactive to a date not prior to the beginning of the year in which the filing is made: Provided however, that in no event shall a carrier for which the Commission has prescribed depreciation rates make any changes in such rates unless the changes are prescribed by the Commission. Carriers who select basic factors that fall within the basic factor ranges for all accounts are exempt from depreciation rate prescription by the Commission. ( f ) Any changes in depreciation rates that are made under the provisions of paragraph (e) of this section shall not be construed as having been approved by the Commission unless the carrier has been specifically so informed. [ 28 FR 13214 , Dec. 5, 1963, as amended at 30 FR 3223 , Mar. 9, 1965; 53 FR 49987 , Dec. 13, 1988; 58 FR 58790 , Nov. 4, 1993; 61 FR 50246 , Sept. 25, 1996; 62 FR 39779 , July 24, 1997; 65 FR 18931 , Apr. 10, 2000] § 43.51 Contracts and concessions. ( a ) ( 1 ) Any communication common carrier described in paragraph (b) of this section must file with the Commission, within thirty (30) days of execution, a copy of each contract, agreement, concession, license, authorization, operating agreement or other arrangement to which it is a party and amendments thereto (collectively hereinafter referred to as “agreement” for purposes of this rule) with respect to the following: ( i ) The exchange of services; and, ( ii ) The interchange or routing of traffic and matters concerning rates, accounting rates, division of tolls, or the basis of settlement of traffic balances, except as provided in paragraph (c) of this section. ( 2 ) If the contract, agreement, concession, license, authorization, operating agreement or other arrangement and amendments thereto is made other than in writing, a certified statement covering all details thereof must be filed by at least one of the parties to the agreement. Each other party to the agreement which is also subject to these provisions may, in lieu of also filing a copy of the agreement, file a certified statement referencing the filed document. The Commission may, at any time and upon reasonable request, require any communication common carrier not subject to the provisions of this section to submit the documents referenced in this section. ( b ) The following communication common carriers must comply with the requirements of paragraph (a) of this section: ( 1 ) A carrier that is engaged in domestic communications and has not been classified as non-dominant pursuant to § 61.3 of this Chapter ; or ( 2 ) A carrier that is engaged in foreign communications and that has been classified as dominant for any service on any of the U.S.-international routes included in the contract, except for a carrier classified as dominant on a particular route due only to a foreign carrier affiliation under § 63.10 of this chapter . ( c ) With respect to contracts coming within the scope of paragraph (a)(1)(ii) of this section between subject telephone carriers and connecting carriers, except those contracts related to communications with foreign or overseas points, such documents shall not be filed with the Commission; but each subject telephone carrier shall maintain a copy of such contracts to which it is a party in appropriate files at a central location upon its premises, copies of which shall be readily accessible to Commission staff and members of the public upon reasonable request therefor; and upon request by the Commission, a subject telephone carrier shall promptly forward individual contracts to the Commission. ( d ) Any U.S. carrier, other than a provider of commercial mobile radio services, that is engaged in foreign communications, and enters into an agreement with a foreign carrier, is subject to the Commission's authority to require the U.S. carrier providing service on any U.S.-international routes to file, on an as-needed basis, a copy of each agreement to which it is a party. Note 1 to § 43.51 : For purposes of this section, affiliated and foreign carrier are defined in § 63.09 of this chapter . Note 2 to § 43.51 : To the extent that a foreign government provides telecommunications services directly through a governmental organization, body or agency, it shall be treated as a foreign carrier for the purposes of this section. [ 66 FR 16879 , Mar. 28, 2001, as amended at 69 FR 23153 , Apr. 28, 2004; 78 FR 11112 , Feb. 15, 2013] § 43.62 [Reserved] § 43.72 [Reserved] § 43.82 Circuit capacity reports. ( a ) International submarine cable capacity. Not later than March 31 of each year: ( 1 ) The licensee(s) of a submarine cable between the United States and any foreign point shall file a report showing the capacity of the submarine cable as of December 31 of the preceding calendar year. The licensee(s) shall also file a report showing the planned capacity of the submarine cable (the intended capacity of the submarine cable two years from December 31 of the preceding calendar year). ( 2 ) Each cable landing licensee and common carrier shall file a report showing its capacity on submarine cables between the United States and any foreign point as of December 31 of the preceding calendar year. Note to paragraph ( a ): United States is defined in Section 3 of the Communications Act of 1934, as amended, 47 U.S.C. 153 . ( b ) Registration Form. A Registration Form, containing information about the filer, such as address, phone number, email address, etc., shall be filed with each report. The Registration Form shall include a certification enabling the filer to check a box to indicate that the filer requests that its circuit capacity data be treated as confidential consistent with Section 0.459(a)(4) of the Commission's rules. ( c ) Filing Manual. Authority is delegated to the Chief of the Office of International Affairs to prepare instructions and reporting requirements for the filing of these reports prepared and published as a Filing Manual. The information required under this Section shall be filed electronically in conformance with the instructions and reporting requirements in the Filing Manual. [ 82 FR 55331 , Nov. 21, 2017, as amended at 88 FR 21442 , Apr. 10, 2023]
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PART 15—RADIO FREQUENCY DEVICES Authority: 47 U.S.C. 154 , 302a , 303 , 304 , 307 , 336 , 544a , and 549 . Source: 54 FR 17714 , Apr. 25, 1989, unless otherwise noted. Subpart A—General § 15.1 Scope of this part. ( a ) This part sets out the regulations under which an intentional, unintentional, or incidental radiator may be operated without an individual license. It also contains the technical specifications, administrative requirements and other conditions relating to the marketing of part 15 devices. ( b ) The operation of an intentional or unintentional radiator that is not in accordance with the regulations in this part must be licensed pursuant to the provisions of section 301 of the Communications Act of 1934, as amended, unless otherwise exempted from the licensing requirements elsewhere in this chapter. ( c ) Unless specifically exempted, the operation or marketing of an intentional or unintentional radiator that is not in compliance with the administrative and technical provisions in this part, including prior equipment authorization, as appropriate, is prohibited under section 302 of the Communications Act of 1934, as amended, and subpart I of part 2 of this chapter . The equipment authorization procedures are detailed in subpart J of part 2 of this chapter . [ 54 FR 17714 , Apr. 25, 1989, as amended at 82 FR 50830 , Nov. 2, 2017] § 15.3 Definitions. ( a ) Auditory assistance device. An intentional radiator used to provide auditory assistance communications (including but not limited to applications such as assistive listening, auricular training, audio description for the blind, and simultaneous language translation) for: ( 1 ) Persons with disabilities: In the context of part 15 rules ( 47 CFR part 15 ), the term “disability,” with respect to the individual, has the meaning given to it by section 3(2)(A) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102(2)(A) ), i.e., a physical or mental impairment that substantially limits one or more of the major life activities of such individuals; ( 2 ) Persons who require language translation; or ( 3 ) Persons who may otherwise benefit from auditory assistance communications in places of public gatherings, such as a church, theater, auditorium, or educational institution. ( b ) Biomedical telemetry device. An intentional radiator used to transmit measurements of either human or animal biomedical phenomena to a receiver. ( c ) Cable input selector switch. A transfer switch that is intended as a means to alternate between the reception of broadcast signals via connection to an antenna and the reception of cable television service. ( d ) Cable locating equipment. An intentional radiator used intermittently by trained operators to locate buried cables, lines, pipes, and similar structures or elements. Operation entails coupling a radio frequency signal onto the cable, pipes, etc. and using a receiver to detect the location of that structure or element. ( e ) Cable system terminal device (CSTD). A TV interface device that serves, as its primary function, to connect a cable system operated under part 76 of this chapter to a TV broadcast receiver or other subscriber premise equipment. Any device which functions as a CSTD in one of its operating modes must comply with the technical requirements for such devices when operating in that mode. ( f ) Carrier current system. A system, or part of a system, that transmits radio frequency energy by conduction over the electric power lines. A carrier current system can be designed such that the signals are received by conduction directly from connection to the electric power lines (unintentional radiator) or the signals are received over-the-air due to radiation of the radio frequency signals from the electric power lines (intentional radiator). ( g ) CB receiver. Any receiver that operates in the Personal Radio Services on frequencies designated for CB Radio Service stations, as well as any receiver provided with a separate band specifically designed to receive the transmissions of CB stations in the Personal Radio Services. This includes the following: ( 1 ) A CB receiver sold as a separate unit of equipment; ( 2 ) The receiver section of a CB transceiver; ( 3 ) A converter to be used with any receiver for the purpose of receiving CB transmissions; and ( 4 ) A multiband receiver that includes a band labelled “CB” or “11-meter” in which such band can be separately selected, except that an Amateur Radio Service receiver that was manufactured prior to January 1, 1960, and which includes an 11-meter band shall not be considered to be a CB receiver. ( h ) Class A digital device. A digital device that is marketed for use in a commercial, industrial or business environment, exclusive of a device which is marketed for use by the general public or is intended to be used in the home. ( i ) Class B digital device. A digital device that is marketed for use in a residential environment notwithstanding use in commercial, business and industrial environments. Examples of such devices include, but are not limited to, personal computers, calculators, and similar electronic devices that are marketed for use by the general public. Note: The responsible party may also qualify a device intended to be marketed in a commercial, business or industrial environment as a Class B device, and in fact is encouraged to do so, provided the device complies with the technical specifications for a Class B digital device. In the event that a particular type of device has been found to repeatedly cause harmful interference to radio communications, the Commission may classify such a digital device as a Class B digital device, regardless of its intended use. ( j ) Cordless telephone system. A system consisting of two transceivers, one a base station that connects to the public switched telephone network and the other a mobile handset unit that communicates directly with the base station. Transmissions from the mobile unit are received by the base station and then placed on the public switched telephone network. Information received from the switched telephone network is transmitted by the base station to the mobile unit. Note: The Domestic Public Cellular Radio Telecommunications Service is considered to be part of the switched telephone network. In addition, intercom and paging operations are permitted provided these are not intended to be the primary modes of operation. ( k ) Digital device. (Previously defined as a computing device). An unintentional radiator (device or system) that generates and uses timing signals or pulses at a rate in excess of 9,000 pulses (cycles) per second and uses digital techniques; inclusive of telephone equipment that uses digital techniques or any device or system that generates and uses radio frequency energy for the purpose of performing data processing functions, such as electronic computations, operations, transformations, recording, filing, sorting, storage, retrieval, or transfer. A radio frequency device that is specifically subject to an emanation requirement in any other FCC Rule part or an intentional radiator subject to subpart C of this part that contains a digital device is not subject to the standards for digital devices, provided the digital device is used only to enable operation of the radio frequency device and the digital device does not control additional functions or capabilities. Note: Computer terminals and peripherals that are intended to be connected to a computer are digital devices. ( l ) Field disturbance sensor. A device that establishes a radio frequency field in its vicinity and detects changes in that field resulting from the movement of persons or objects within its range. A radar operating pursuant to the definition for radiodetermination station in § 2.1 of this chapter is an example of a field disturbance sensor. ( m ) Harmful interference. Any emission, radiation or induction that endangers the functioning of a radio navigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with this chapter. ( n ) Incidental radiator. A device that generates radio frequency energy during the course of its operation although the device is not intentionally designed to generate or emit radio frequency energy. Examples of incidental radiators are dc motors, mechanical light switches, etc. ( o ) Intentional radiator. A device that intentionally generates and emits radio frequency energy by radiation or induction. ( p ) Kit. Any number of electronic parts, usually provided with a schematic diagram or printed circuit board, which, when assembled in accordance with instructions, results in a device subject to the regulations in this part, even if additional parts of any type are required to complete assembly. ( q ) Perimeter protection system. A field disturbance sensor that employs RF transmission lines as the radiating source. These RF transmission lines are installed in such a manner that allows the system to detect movement within the protected area. ( r ) Peripheral device. An input/output unit of a system that feeds data into and/or receives data from the central processing unit of a digital device. Peripherals to a digital device include any device that is connected external to the digital device, any device internal to the digital device that connects the digital device to an external device by wire or cable, and any circuit board designed for interchangeable mounting, internally or externally, that increases the operating or processing speed of a digital device, e.g., “turbo” cards and “enhancement” boards. Examples of peripheral devices include terminals, printers, external floppy disk drives and other data storage devices, video monitors, keyboards, interface boards, external memory expansion cards, and other input/output devices that may or may not contain digital circuitry. This definition does not include CPU boards, as defined in paragraph (bb) of this section, even though a CPU board may connect to an external keyboard or other components. ( s ) Personal computer. An electronic computer that is marketed for use in the home, notwithstanding business applications. Such computers are considered Class B digital devices. Computers which use a standard TV receiver as a display device or meet all of the following conditions are considered examples of personal computers: ( 1 ) Marketed through a retail outlet or direct mail order catalog. ( 2 ) Notices of sale or advertisements are distributed or directed to the general public or hobbyist users rather than restricted to commercial users. ( 3 ) Operates on a battery or 120 volt electrical supply. If the responsible party can demonstrate that because of price or performance the computer is not suitable for residential or hobbyist use, it may request that the computer be considered to fall outside of the scope of this definition for personal computers. ( t ) Power line carrier systems. An unintentional radiator employed as a carrier current system used by an electric power utility entity on transmission lines for protective relaying, telemetry, etc. for general supervision of the power system. The system operates by the transmission of radio frequency energy by conduction over the electric power transmission lines of the system. The system does not include those electric lines which connect the distribution substation to the customer or house wiring. ( u ) Radio frequency (RF) energy. Electromagnetic energy at any frequency in the radio spectrum between 9 kHz and 3,000,000 MHz. ( v ) Scanning receiver. For the purpose of this part, this is a receiver that automatically switches among two or more frequencies in the range of 30 to 960 MHz and that is capable of stopping at and receiving a radio signal detected on a frequency. Receivers designed solely for the reception of the broadcast signals under part 73 of this chapter , for the reception of NOAA broadcast weather band signals, or for operation as part of a licensed service are not included in this definition. ( w ) Television (TV) broadcast receiver. A device designed to receive television pictures that are broadcast simultaneously with sound on the television channels authorized under part 73 of this chapter . ( x ) Transfer switch. A device used to alternate between the reception of over-the-air radio frequency signals via connection to an antenna and the reception of radio frequency signals received by any other method, such as from a TV interface device. ( y ) TV interface device. An unintentional radiator that produces or translates in frequency a radio frequency carrier modulated by a video signal derived from an external or internal signal source, and which feeds the modulated radio frequency energy by conduction to the antenna terminals or other non-baseband input connections of a television broadcast receiver. A TV interface device may include a stand-alone RF modulator, or a composite device consisting of an RF modulator, video source and other components devices. Examples of TV interface devices are video cassette recorders and terminal devices attached to a cable system or used with a Master Antenna (including those used for central distribution video devices in apartment or office buildings). ( z ) Unintentional radiator. A device that intentionally generates radio frequency energy for use within the device, or that sends radio frequency signals by conduction to associated equipment via connecting wiring, but which is not intended to emit RF energy by radiation or induction. ( aa ) Cable ready consumer electronics equipment. Consumer electronics TV receiving devices, including TV receivers, videocassette recorders and similar devices, that incorporate a tuner capable of receiving television signals and an input terminal intended for receiving cable television service, and are marketed as “cable ready” or “cable compatible.” Such equipment shall comply with the technical standards specified in § 15.118 and the provisions of § 15.19(d) . ( bb ) CPU board. A circuit board that contains a microprocessor, or frequency determining circuitry for the microprocessor, the primary function of which is to execute user-provided programming, but not including: ( 1 ) A circuit board that contains only a microprocessor intended to operate under the primary control or instruction of a microprocessor external to such a circuit board; or ( 2 ) A circuit board that is a dedicated controller for a storage or input/output device. ( cc ) External radio frequency power amplifier. A device which is not an integral part of an intentional radiator as manufactured and which, when used in conjunction with an intentional radiator as a signal source, is capable of amplifying that signal. ( dd ) Test equipment is defined as equipment that is intended primarily for purposes of performing measurements or scientific investigations. Such equipment includes, but is not limited to, field strength meters, spectrum analyzers, and modulation monitors. ( ee ) Radar detector. A receiver designed to signal the presence of radio signals used for determining the speed of motor vehicles. This definition does not encompass the receiver incorporated within a radar transceiver certified under the Commission's rules. ( ff ) Access Broadband over Power Line (Access BPL). A carrier current system installed and operated on an electric utility service as an unintentional radiator that sends radio frequency energy on frequencies between 1.705 MHz and 80 MHz over medium voltage lines or over low voltage lines to provide broadband communications and is located on the supply side of the utility service's points of interconnection with customer premises. Access BPL does not include power line carrier systems as defined in § 15.3(t) or In-House BPL as defined in § 15.3(gg) . ( gg ) In-House Broadband over Power Line (In-House BPL). A carrier current system, operating as an unintentional radiator, that sends radio frequency energy by conduction over electric power lines that are not owned, operated or controlled by an electric service provider. The electric power lines may be aerial (overhead), underground, or inside the walls, floors or ceilings of user premises. In-House BPL devices may establish closed networks within a user's premises or provide connections to Access BPL networks, or both. ( hh ) Slant-Range distance. Diagonal distance measured from the center of the measurement antenna to the nearest point of the overhead power line carrying the Access BPL signal being measured. This distance is equal to the hypotenuse of the right triangle as calculated in the formula below. The slant-range distance shall be calculated as follows: Where: d slant is the slant-range distance, in meters (see Figure 1, below); d h is the horizontal (lateral) distance between the center of the measurement antenna and the vertical projection of the overhead power line carrying the BPL signals down to the height of the measurement antenna, in meters; h pwr_line is the height of the power line, in meters; and h ant is the measurement antenna height, in meters. D slant is the slant-range distance, in meters; D h is the horizontal (lateral) distance between the center of the measurement antenna and the vertical projection of the overhead power line carrying the BPL signals down to the height of the measurement antenna, in meters; D limit is the distance at which the emission limit is specified in Part 15 (e.g., 30 meters for frequencies below 30 MHz); H pwr_line is the height of the power line, in meters; and H ant is the measurement antenna height, in meters. ( ii ) Level Probing Radar (LPR): A short-range radar transmitter used in a wide range of applications to measure the amount of various substances, mostly liquids or granulates. LPR equipment may operate in open-air environments or inside an enclosure containing the substance being measured. [ 54 FR 17714 , Apr. 25, 1989, as amended at 55 FR 18340 , May 2, 1990; 57 FR 33448 , July 29, 1992; 59 FR 25340 , May 16, 1994; 61 FR 31048 , June 19, 1996; 62 FR 26242 , May 13, 1997; 64 FR 22561 , Apr. 27, 1999; 65 FR 64391 , Oct. 27, 2000; 66 FR 32582 , June 15, 2001; 67 FR 48993 , July 29, 2002; 70 FR 1373 , Jan. 7, 2005; 76 FR 71907 , Nov. 21, 2011; 78 FR 34927 , June 11, 2013; 79 FR 12677 , Mar. 6, 2014; 82 FR 41103 , Aug. 29, 2017; 88 FR 47394 , July 24, 2023] § 15.5 General conditions of operation. ( a ) Persons operating intentional or unintentional radiators shall not be deemed to have any vested or recognizable right to continued use of any given frequency by virtue of prior registration or certification of equipment, or, for power line carrier systems, on the basis of prior notification of use pursuant to § 90.35(g) of this chapter . ( b ) Operation of an intentional, unintentional, or incidental radiator is subject to the conditions that no harmful interference is caused and that interference must be accepted that may be caused by the operation of an authorized radio station, by another intentional or unintentional radiator, by industrial, scientific and medical (ISM) equipment, or by an incidental radiator. ( c ) The operator of a radio frequency device shall be required to cease operating the device upon notification by a Commission representative that the device is causing harmful interference. Operation shall not resume until the condition causing the harmful interference has been corrected. ( d ) Intentional radiators that produce Class B emissions (damped wave) are prohibited. [ 54 FR 17714 , Apr. 25, 1989, as amended at 75 FR 63031 , Oct. 13, 2010] § 15.7 [Reserved] § 15.9 Prohibition against eavesdropping. Except for the operations of law enforcement officers conducted under lawful authority, no person shall use, either directly or indirectly, a device operated pursuant to the provisions of this part for the purpose of overhearing or recording the private conversations of others unless such use is authorized by all of the parties engaging in the conversation. § 15.11 Cross reference. The provisions of subparts A, H, I, J and K of part 2 apply to intentional and unintentional radiators, in addition to the provisions of this part. Also, a cable system terminal device and a cable input selector switch shall be subject to the relevant provisions of part 76 of this chapter . § 15.13 Incidental radiators. Manufacturers of these devices shall employ good engineering practices to minimize the risk of harmful interference. § 15.15 General technical requirements. ( a ) An intentional or unintentional radiator shall be constructed in accordance with good engineering design and manufacturing practice. Emanations from the device shall be suppressed as much as practicable, but in no case shall the emanations exceed the levels specified in these rules. ( b ) Except as follows, an intentional or unintentional radiator must be constructed such that the adjustments of any control that is readily accessible by or intended to be accessible to the user will not cause operation of the device in violation of the regulations. Access BPL equipment shall comply with the applicable standards at the control adjustment that is employed. The measurement report used in support of an application for Certification and the user instructions for Access BPL equipment shall clearly specify the user-or installer-control settings that are required for conformance with these regulations. ( c ) Parties responsible for equipment compliance should note that the limits specified in this part will not prevent harmful interference under all circumstances. Since the operators of part 15 devices are required to cease operation should harmful interference occur to authorized users of the radio frequency spectrum, the parties responsible for equipment compliance are encouraged to employ the minimum field strength necessary for communications, to provide greater attenuation of unwanted emissions than required by these regulations, and to advise the user as to how to resolve harmful interference problems (for example, see § 15.105(b) ). [ 54 FR 17714 , Apr. 25, 1989, as amended at 70 FR 1373 , Jan. 7, 2005] § 15.17 Susceptibility to interference. ( a ) Parties responsible for equipment compliance are advised to consider the proximity and the high power of non-Government licensed radio stations, such as broadcast, amateur, land mobile, and non-geostationary mobile satellite feeder link earth stations, and of U.S. Government radio stations, which could include high-powered radar systems, when choosing operating frequencies during the design of their equipment so as to reduce the susceptibility for receiving harmful interference. Information on non-Government use of the spectrum can be obtained by consulting the Table of Frequency Allocations in § 2.106 of this chapter . ( b ) Information on U.S. Government operations can be obtained by contacting: Director, Spectrum Plans and Policy, National Telecommunications and Information Administration, Department of Commerce, Room 4096, Washington, DC 20230. [ 54 FR 17714 , Apr. 25, 1989, as amended at 62 FR 4655 , Jan. 31, 1997; 63 FR 40835 , July 31, 1998] § 15.19 Labeling requirements. ( a ) In addition to the requirements in part 2 of this chapter , a device subject to certification, or Supplier's Declaration of Conformity shall be labeled as follows: ( 1 ) Receivers associated with the operation of a licensed radio service, e.g., FM broadcast under part 73 of this chapter , land mobile operation under part 90 of this chapter , etc., shall bear the following statement in a conspicuous location on the device: This device complies with part 15 of the FCC Rules. Operation is subject to the condition that this device does not cause harmful interference. ( 2 ) A stand-alone cable input selector switch, shall bear the following statement in a conspicuous location on the device: This device complies with part 15 of the FCC Rules for use with cable television service. ( 3 ) All other devices shall bear the following statement in a conspicuous location on the device: This device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation. ( 4 ) Where a device is constructed in two or more sections connected by wires and marketed together, the statement specified under paragraph (a) of this section is required to be affixed only to the main control unit. ( 5 ) When the device is so small or for such use that it is impracticable to label it with the statement specified under paragraph (a) of this section in a font that is four-point or larger, and the device does not have a display that can show electronic labeling, then the information required by this paragraph shall be placed in the user manual and must also either be placed on the device packaging or on a removable label attached to the device. ( b ) - ( c ) [Reserved] ( d ) Consumer electronics TV receiving devices, including TV receivers, videocassette recorders, and similar devices, that incorporate features intended to be used with cable television service, but do not fully comply with the technical standards for cable ready equipment set forth in § 15.118 , shall not be marketed with terminology that describes the device as “cable ready” or “cable compatible,” or that otherwise conveys the impression that the device is fully compatible with cable service. Factual statements about the various features of a device that are intended for use with cable service or the quality of such features are acceptable so long as such statements do not imply that the device is fully compatible with cable service. Statements relating to product features are generally acceptable where they are limited to one or more specific features of a device, rather than the device as a whole. This requirement applies to consumer TV receivers, videocassette recorders and similar devices manufactured or imported for sale in this country on or after October 31, 1994. [ 54 FR 17714 , Apr. 25, 1989, as amended at 59 FR 25341 , May 16, 1994; 61 FR 18509 , Apr. 26, 1996; 61 FR 31048 , June 19, 1996; 62 FR 41881 , Aug. 4, 1997; 63 FR 36602 , July 7, 1998; 65 FR 64391 , Oct. 27, 2000; 68 FR 66733 , Nov. 28, 2003; 68 FR 68545 , Dec. 9, 2003; 82 FR 50830 , Nov. 2, 2017] § 15.21 Information to user. The users manual or instruction manual for an intentional or unintentional radiator shall caution the user that changes or modifications not expressly approved by the party responsible for compliance could void the user's authority to operate the equipment. In cases where the manual is provided only in a form other than paper, such as on a computer disk or over the Internet, the information required by this section may be included in the manual in that alternative form, provided the user can reasonably be expected to have the capability to access information in that form. [ 54 FR 17714 , Apr. 25, 1989, as amended at 68 FR 68545 , Dec. 9, 2003] § 15.23 Home-built devices. ( a ) Equipment authorization is not required for devices that are not marketed, are not constructed from a kit, and are built in quantities of five or less for personal use. ( b ) It is recognized that the individual builder of home-built equipment may not possess the means to perform the measurements for determining compliance with the regulations. In this case, the builder is expected to employ good engineering practices to meet the specified technical standards to the greatest extent practicable. The provisions of § 15.5 apply to this equipment. § 15.25 Kits. A TV interface device, including a cable system terminal device, which is marketed as a kit shall comply with the following requirements: ( a ) All parts necessary for the assembled device to comply with the technical requirements of this part must be supplied with the kit. No mechanism for adjustment that can cause operation in violation of the requirements of this part shall be made accessible to the builder. ( b ) At least two units of the kit shall be assembled in exact accordance with the instructions supplied with the product to be marketed. If all components required to fully complete the kit (other than those specified in paragraph (a) of this section that are needed for compliance with the technical provisions and must be included with the kit) are not normally furnished with the kit, assembly shall be made using the recommended components. The assembled units shall be certified or authorized under Supplier's Declaration of Conformity, as appropriate, pursuant to the requirements of this part. ( 1 ) The measurement data required for a TV interface device subject to certification shall be obtained for each of the two units and submitted with an application for certification pursuant to subpart J of part 2 of this chapter . ( 2 ) The measurement data required for a TV interface device subject to Supplier's Declaration of Conformity shall be obtained for the units tested and retained on file pursuant to the provisions of subpart J of part 2 of this chapter . ( c ) A copy of the exact instructions that will be provided for assembly of the device shall be submitted with an application for certification. Those parts that are not normally furnished shall be detailed in the application for certification. ( d ) In lieu of the label required by § 15.19 , the following label, along with the label bearing the FCC identifier and other information specified in §§ 2.925 and 2.926 , shall be included in the kit with instructions to the builder that it shall be attached to the completed kit: (Name of Grantee) (FCC Identifier) This device can be expected to comply with part 15 of the FCC Rules provided it is assembled in exact accordance with the instructions provided with this kit. Operation is subject to the following conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received including interference that may cause undesired operation. ( e ) For the purpose of this section, circuit boards used as repair parts for the replacement of electrically identical defective circuit boards are not considered to be kits. [ 54 FR 17714 , Apr. 25, 1989,as amended at 63 FR 36602 , July 7, 1998; 82 FR 50830 , Nov. 2, 2017] § 15.27 Special accessories. ( a ) Equipment marketed to a consumer must be capable of complying with the necessary regulations in the configuration in which the equipment is marketed. Where special accessories, such as shielded cables and/or special connectors, are required to enable an unintentional or intentional radiator to comply with the emission limits in this part, the equipment must be marketed with, i.e., shipped and sold with, those special accessories. However, in lieu of shipping or packaging the special accessories with the unintentional or intentional radiator, the responsible party may employ other methods of ensuring that the special accessories are provided to the consumer, without additional charge, at the time of purchase. Information detailing any alternative method used to supply the special accessories shall be included in the application for a grant of equipment authorization or retained in the Supplier's Declaration of Conformity records, as appropriate. The party responsible for the equipment, as detailed in § 2.909 of this chapter , shall ensure that these special accessories are provided with the equipment. The instruction manual for such devices shall include appropriate instructions on the first page of the text concerned with the installation of the device that these special accessories must be used with the device. It is the responsibility of the user to use the needed special accessories supplied with the equipment. In cases where the manual is provided only in a form other than paper, such as on a computer disk or over the Internet, the information required by this section may be included in the manual in that alternative form, provided the user can reasonably be expected to have the capability to access information in that form. ( b ) If a device requiring special accessories is installed by or under the supervision of the party marketing the device, it is the responsibility of that party to install the equipment using the special accessories. For equipment requiring professional installation, it is not necessary for the responsible party to market the special accessories with the equipment. However, the need to use the special accessories must be detailed in the instruction manual, and it is the responsibility of the installer to provide and to install the required accessories. ( c ) Accessory items that can be readily obtained from multiple retail outlets are not considered to be special accessories and are not required to be marketed with the equipment. The manual included with the equipment must specify what additional components or accessories are required to be used in order to ensure compliance with this part, and it is the responsibility of the user to provide and use those components and accessories. ( d ) The resulting system, including any accessories or components marketed with the equipment, must comply with the regulations. [ 54 FR 17714 , Apr. 25, 1989, as amended at 68 FR 68545 , Dec. 9, 2003; 82 FR 50831 , Nov. 2, 2017] § 15.29 Inspection by the Commission. ( a ) Any equipment or device subject to the provisions of this part, together with any certificate, notice of registration or any technical data required to be kept on file by the operator, supplier or party responsible for compliance of the device shall be made available for inspection by a Commission representative upon reasonable request. ( b ) The owner or operator of a radio frequency device subject to this part shall promptly furnish to the Commission or its representative such information as may be requested concerning the operation of the radio frequency device. ( c ) The party responsible for the compliance of any device subject to this part shall promptly furnish to the Commission or its representatives such information as may be requested concerning the operation of the device, including a copy of any measurements made for obtaining an equipment authorization or demonstrating compliance with the regulations. ( d ) The Commission, from time to time, may request the party responsible for compliance, including an importer, to submit to the FCC Laboratory in Columbia, Maryland, various equipment to determine that the equipment continues to comply with the applicable standards. Shipping costs to the Commission's Laboratory and return shall be borne by the responsible party. Testing by the Commission will be performed using the measurement procedure(s) that was in effect at the time the equipment was authorized. [ 54 FR 17714 , Apr. 25, 1989, as amended at 82 FR 50831 , Nov. 2, 2017] § 15.31 Measurement standards. ( a ) The following measurement procedures are used by the Commission to determine compliance with the technical requirements in this part. Except where noted, copies of these procedures are available from the Commission's current duplicating contractor whose name and address are available from the Commission's Consumer and Governmental Affairs Bureau at 1-888-CALL-FCC (1-888-225-5322). ( 1 ) FCC/OET MP-2: Measurement of UHF Noise Figures of TV Receivers. ( 2 ) Unlicensed Personal Communications Service (UPCS) devices are to be measured for compliance using ANSI C63.17-2013: “American National Standard Methods of Measurement of the Electromagnetic and Operational Compatibility of Unlicensed Personal Communications Services (UPCS) Devices” (incorporated by reference, see § 15.38 ). ( 3 ) Other intentional radiators must be measured for compliance using the following procedure: ANSI C63.10-2020 (incorporated by reference, see § 15.38 ). ( 4 ) Unintentional radiators are to be measured for compliance using the following procedure excluding clauses 4.5.3, 4.6, 6.2.13, 8.2.2, 9, and 13: ANSI C63.4-2014 (incorporated by reference, see § 15.38 ). Note 1 to paragraph ( a )(4): Digital devices tested to show compliance with the provisions of § 15.109(g)(2) must be tested following the ANSI C63.4-2014 procedure described in paragraph (a)(4) of this section. ( b ) All parties making compliance measurements on equipment subject to the requirements of this part are urged to use these measurement procedures. Any party using other procedures should ensure that such other procedures can be relied on to produce measurement results compatible with the FCC measurement procedures. The description of the measurement procedure used in testing the equipment for compliance and a list of the test equipment actually employed shall be made part of an application for certification or included with the data required to be retained by the party responsible for devices authorized pursuant to Supplier's Declaration of Conformity. ( c ) Except as otherwise indicated in §§ 15.255 and 15.256 , for swept frequency equipment, measurements shall be made with the frequency sweep stopped at those frequencies chosen for the measurements to be reported. ( d ) Field strength measurements shall be made, to the extent possible, on an open area test site. Test sites other than open area test sites may be employed if they are properly calibrated so that the measurement results correspond to what would be obtained from an open area test site. In the case of equipment for which measurements can be performed only at the installation site, such as perimeter protection systems, carrier current systems, and systems employing a “leaky” coaxial cable as an antenna, measurements for Supplier's Declaration of Conformity or for obtaining a grant of equipment authorization shall be performed at a minimum of three installations that can be demonstrated to be representative of typical installation sites. ( e ) For intentional radiators, measurements of the variation of the input power or the radiated signal level of the fundamental frequency component of the emission, as appropriate, shall be performed with the supply voltage varied between 85% and 115% of the nominal rated supply voltage. For battery operated equipment, the equipment tests shall be performed using a new battery. ( f ) To the extent practicable, the device under test shall be measured at the distance specified in the appropriate rule section. The distance specified corresponds to the horizontal distance between the measurement antenna and the closest point of the equipment under test, support equipment or interconnecting cables as determined by the boundary defined by an imaginary straight line periphery describing a simple geometric configuration enclosing the system containing the equipment under test. The equipment under test, support equipment and any interconnecting cables shall be included within this boundary. ( 1 ) At frequencies at or above 30 MHz, measurements may be performed at a distance other than what is specified provided: measurements are not made in the near field except where it can be shown that near field measurements are appropriate due to the characteristics of the device; and it can be demonstrated that the signal levels needed to be measured at the distance employed can be detected by the measurement equipment. Measurements shall not be performed at a distance greater than 30 meters unless it can be further demonstrated that measurements at a distance of 30 meters or less are impractical. When performing measurements at a distance other than that specified, the results shall be extrapolated to the specified distance using an extrapolation factor of 20 dB/decade (inverse linear-distance for field strength measurements; inverse-linear-distance-squared for power density measurements). ( 2 ) At frequencies below 30 MHz, measurements may be performed at a distance closer than that specified in the regulations; however, an attempt should be made to avoid making measurements in the near field. Pending the development of an appropriate measurement procedure for measurements performed below 30 MHz, when performing measurements at a closer distance than specified, the results shall be extrapolated to the specified distance by either making measurements at a minimum of two distances on at least one radial to determine the proper extrapolation factor or by using the square of an inverse linear distance extrapolation factor (40 dB/decade). This paragraph (f) shall not apply to Access BPL devices operating below 30 MHz. ( 3 ) For Access BPL devices operating below 30 MHz, measurements shall be performed at the 30-meter reference distance specified in the regulations whenever possible. Measurements may be performed at a distance closer than that specified in the regulations if circumstances such as high ambient noise levels or geographic limitations are present. When performing measurements at a distance which is closer than specified, the field strength results shall be extrapolated to the specified distance by using the square of an inverse linear distance extrapolation factor ( i.e., 40 dB/decade) in conjunction with the slant-range distance defined in § 15.3(hh) of this part. As an alternative, a site-specific extrapolation factor derived from a straight line best fit of measurements of field strength in dBµV/m vs. logarithmic distance in meters for each carrier frequency, as determined by a linear least squares regression calculation from measurements for at least four distances from the power line, may be used. Compliance measurements for Access BPL and the use of site-specific extrapolation factors shall be made in accordance with the Measurement Guidelines for Access BPL systems specified by the Commission. Site-specific determination of the distance extrapolation factor shall not be used at locations where a ground conductor is present within 30 meters if the Access BPL signals are on the neutral/grounded line of a power system. ( 4 ) The applicant for a grant of certification shall specify the extrapolation method used in the application filed with the Commission. For equipment subject to Supplier's Declaration of Conformity, this information shall be retained with the measurement data. ( 5 ) When measurement distances of 30 meters or less are specified in the regulations, the Commission will test the equipment at the distance specified unless measurement at that distance results in measurements being performed in the near field. When measurement distances of greater than 30 meters are specified in the regulations, the Commission will test the equipment at a closer distance, usually 30 meters, extrapolating the measured field strength to the specified distance using the methods shown in this section. ( 6 ) Measurements shall be performed at a sufficient number of radials around the equipment under test to determine the radial at which the field strength values of the radiated emissions are maximized. The maximum field strength at the frequency being measured shall be reported in the equipment authorization report. This paragraph shall not apply to Access BPL equipment on overhead medium voltage lines. In lieu thereof, the measurement guidelines established by the Commission for Access BPL shall be followed. ( g ) Equipment under test shall be positioned and adjusted, using those controls that are readily accessible to or are intended to be accessible to the consumer, in such a manner as to maximize the level of the emissions. For those devices to which wire leads may be attached by the operator, tests shall be performed with wire leads attached. The wire leads shall be of the length to be used with the equipment if that length is known. Otherwise, wire leads one meter in length shall be attached to the equipment. Longer wire leads may be employed if necessary to interconnect to associated peripherals. ( h ) A composite system, as defined in § 2.947(f) of this chapter , that incorporates a carrier current system shall be tested as if the carrier current system were incorporated in a separate device; that is, the device shall be tested for compliance with whatever rules would apply to the device were the carrier current system not incorporated, and the carrier current system shall be tested for compliance with the rules applicable to carrier current systems. ( i ) If the device under test provides for the connection of external accessories, including external electrical input signals, the device shall be tested with the accessories attached. The device under test shall be fully exercised with these external accessories. The emission tests shall be performed with the device and accessories configured in a manner that tends to produce maximized emissions within the range of variations that can be expected under normal operating conditions. In the case of multiple accessory external ports, an external accessory shall be connected to one of each type of port. Only one test using peripherals or external accessories that are representative of the devices that will be employed with the equipment under test is required. All possible equipment combinations do not need to be tested. The accessories or peripherals connected to the device being tested shall be unmodified, commercially available equipment. ( j ) If the equipment under test consists of a central control unit and an external or internal accessory(ies) (peripheral) and the party declaring compliance of the equipment or applying for a grant of equipment authorization manufactures or assembles the central control unit and at least one of the accessory devices that can be used with that control unit, testing of the control unit and/or the accessory(ies) must be performed using the devices manufactured or assembled by that party, in addition to any other needed devices which the party does not manufacture or assemble. If the party declaring compliance of the equipment or applying for a grant of equipment authorization does not manufacture or assemble the central control unit and at least one of the accessory devices that can be used with that control unit or the party can demonstrate that the central control unit or accessory(ies) normally would be marketed or used with equipment from a different entity, testing of the central control unit and/or the accessory(ies) must be performed using the specific combination of equipment which is intended to be marketed or used together. Only one test using peripherals or accessories that are representative of the devices that will be employed with the equipment under test is required. All possible equipment combinations are not required to be tested. The accessories or peripherals connected to the device being tested shall be unmodified, commercially available equipment. ( k ) Composite systems ( i.e., systems that incorporate different devices contained in a single enclosure or in separate enclosures connected by wire or cable) shall be measured for compliance with the technical standards of this part in accordance with the procedures in § 2.947(f) of this chapter . For digital devices that consist of a combination of Class A and Class B devices, the total combination of which results in a Class A digital device, it is only necessary to demonstrate that the equipment combination complies with the limits for a Class A device. This equipment combination may not be employed for obtaining a grant of equipment authorization or declaring compliance of a Class B digital device. However, if the digital device combination consists of a Class B central control unit, e.g., a personal computer, and a Class A internal peripheral(s), it must be demonstrated that the Class B central control unit continues to comply with the limits for a Class B digital device with the Class A internal peripheral(s) installed but not active. ( l ) Measurements of radio frequency emissions conducted to the public utility power lines shall be performed using a 50 ohm/50 uH line-impedance stabilization network (LISN). ( m ) Measurements on intentional radiators or receivers, other than TV broadcast receivers, shall be performed and, if required, reported for each band in which the device can be operated with the device operating at the number of frequencies in each band specified in the following table: Frequency range over which device operates Number of frequencies Location in the range of operation 1 MHz or less 1 Middle. 1 to 10 MHz 2 1 near top and 1 near bottom. More than 10 MHz 3 1 near top, 1 near middle and 1 near bottom. ( n ) Measurements on TV broadcast receivers shall be performed with the receiver tuned to each VHF frequency and also shall include the following oscillator frequencies: 520, 550, 600, 650, 700, 750, 800, 850, 900 and 931 MHz. If measurements cannot be made on one or more of the latter UHF frequencies because of the presence of signals from licensed radio stations or for other reasons to be detailed in the measurement report, measurements shall be made with the receiver oscillator at a nearby frequency. If the receiver is not capable of receiving channels above 806 MHz, the measurements employing the oscillator frequencies 900 and 931 MHz may be omitted. ( o ) The amplitude of spurious emissions from intentional radiators and emissions from unintentional radiators which are attenuated more than 20 dB below the permissible value need not be reported unless specifically required elsewhere in this part. ( p ) In those cases where the provisions in this section conflict with the measurement procedures in paragraph (a) of this section and the procedures were implemented after June 23, 1989, the provisions contained in the measurement procedures shall take precedence. ( q ) As an alternative to § 15.256 , a level probing radar (LPR) may be certified as an intentional radiator by showing compliance with the general provisions for operation under part 15 subpart C of this chapter, provided that the device is tested in accordance with the provisions in either paragraphs (q)(1) or (2) of this section. Compliance with the general provisions for an intentional radiator may require compliance with other rules in this part, e.g., §§ 15.5 , 15.31 , and 15.35 , etc., when referenced. ( 1 ) An LPR device intended for installation inside metal and concrete enclosures may show compliance for radiated emissions when measured outside a representative enclosure with the LPR installed inside, in accordance with the measurement guidelines established by the Commission for these devices. LPR devices operating inside these types of enclosures shall ensure that the enclosure is closed when the radar device is operating. Care shall be taken to ensure that gaskets, flanges, and other openings are sealed to eliminate signal leakage outside of the structure. The responsible party shall take reasonable steps to ensure that LPR devices intended for use in these types of enclosures shall not be installed in open-air environments or inside enclosures with lower radio-frequency attenuating characteristics (e.g., fiberglass, plastic, etc.). An LPR device approved under this subsection may only be operated in the type of enclosure for which it was approved. ( 2 ) Except as provided in paragraph (q)(1) of this section, an LPR device shall be placed in testing positions that ensure the field strength values of the radiated emissions are maximized, including in the main beam of the LPR antenna. [ 54 FR 17714 , Apr. 25, 1989, as amended at 56 FR 13083 , Mar. 29, 1991; 57 FR 24990 , June 12, 1992; 57 FR 33448 , July 29, 1992; 58 FR 37430 , July 12, 1993; 58 FR 51249 , Oct. 1, 1993; 61 FR 14502 , Apr. 2, 1996; 62 FR 41881 , Aug. 4, 1997; 62 FR 45333 , Aug. 27, 1997; 63 FR 36602 , July 7, 1998; 63 FR 42278 , Aug. 7, 1998; 65 FR 58466 , Sept. 29, 2000; 68 FR 68545 , Dec. 9, 2003; 69 FR 54034 , Sept. 7, 2004; 70 FR 1373 , Jan. 7, 2005; 76 FR 71908 , Nov. 21, 2011; 77 FR 4913 , Feb. 1, 2012; 77 FR 43013 , July 23, 2012; 79 FR 12677 , Mar. 6, 2014; 80 FR 2838 , Jan. 21, 2015; 80 FR 33447 , June 12, 2015; 82 FR 50831 , Nov. 2, 2017; 88 FR 47394 , July 24, 2023; 88 FR 67115 , Sept. 29, 2023] § 15.32 Test procedures for CPU boards and computer power supplies. Power supplies and CPU boards used with personal computers and for which separate authorizations are required to be obtained shall be tested in accordance with the specific procedures published or otherwise authorized by the Commission. [ 82 FR 50832 , Nov. 2, 2017] § 15.33 Frequency range of radiated measurements. ( a ) For an intentional radiator, the spectrum shall be investigated from the lowest radio frequency signal generated in the device, without going below 9 kHz, up to at least the frequency shown in this paragraph: ( 1 ) If the intentional radiator operates below 10 GHz: to the tenth harmonic of the highest fundamental frequency or to 40 GHz, whichever is lower. ( 2 ) If the intentional radiator operates at or above 10 GHz and below 30 GHz: to the fifth harmonic of the highest fundamental frequency or to 100 GHz, whichever is lower. ( 3 ) If the intentional radiator operates at or above 30 GHz: to the fifth harmonic of the highest fundamental frequency or to 200 GHz, whichever is lower, unless specified otherwise elsewhere in the rules. ( 4 ) If the intentional radiator operates at or above 95 GHz: To the third harmonic of the highest fundamental frequency or to 750 GHz, whichever is lower, unless specified otherwise elsewhere in the rules. ( 5 ) If the intentional radiator contains a digital device, regardless of whether this digital device controls the functions of the intentional radiator or the digital device is used for additional control or function purposes other than to enable the operation of the intentional radiator, the frequency range shall be investigated up to the range specified in paragraphs (a)(1) through (4) of this section or the range applicable to the digital device, as shown in paragraph (b)(1) of this section, whichever is the higher frequency range of investigation. ( b ) For unintentional radiators: ( 1 ) Except as otherwise indicated in paragraphs (b)(2) or (b)(3) of this section, for an unintentional radiator, including a digital device, the spectrum shall be investigated from the lowest radio frequency signal generated or used in the device, without going below the lowest frequency for which a radiated emission limit is specified, up to the frequency shown in the following table: Highest frequency generated or used in the device or on which the device operates or tunes (MHz) Upper frequency of measurement range (MHz) Below 1.705 30. 1.705-108 1000. 108-500 2000. 500-1000 5000. Above 1000 5th harmonic of the highest frequency or 40 GHz, whichever is lower. ( 2 ) A unintentional radiator, excluding a digital device, in which the highest frequency generated in the device, the highest frequency used in the device and the highest frequency on which the device operates or tunes are less than 30 MHz and which, in accordance with § 15.109 , is required to comply with standards on the level of radiated emissions within the frequency range 9 kHz to 30 MHz, such as a CB receiver or a device designed to conduct its radio frequency emissions via connecting wires or cables, e.g., a carrier current system not intended to radiate, shall be investigated from the lowest radio frequency generated or used in the device, without going below 9 kHz (25 MHz for CB receivers), up to the frequency shown in the following table. If the unintentional radiator contains a digital device, the upper frequency to be investigated shall be that shown in the table below or in the table in paragraph (b)(1) of this section, as based on both the highest frequency generated and the highest frequency used in the digital device, whichever range is higher. Highest frequency generated or used in the device or on which the device operates or tunes (MHz) Upper frequency of measurement range (MHz) Below 1.705 30 1.705-10 400 10-30 500 ( 3 ) Except for a CB receiver, a receiver employing superheterodyne techniques shall be investigated from 30 MHz up to at least the second harmonic of the highest local oscillator frequency generated in the device. If such receiver is controlled by a digital device, the frequency range shall be investigated up to the higher of the second harmonic of the highest local oscillator frequency generated in the device or the upper frequency of the measurement range specified for the digital device in paragraph (b)(1) of this section. ( c ) The above specified frequency ranges of measurements apply to the measurement of radiated emissions and, in the case of receivers, the measurement to demonstrate compliance with the antenna conduction limits specified in § 15.111 . The frequency range of measurements for AC power line conducted limits is specified in §§ 15.107 and 15.207 and applies to all equipment subject to those regulations. In some cases, depending on the frequency(ies) generated and used by the equipment, only signals conducted onto the AC power lines are required to be measured. ( d ) Particular attention should be paid to harmonics and subharmonics of the fundamental frequency as well as to those frequencies removed from the fundamental by multiples of the oscillator frequency. Radiation at the frequencies of multiplier states should also be checked. [ 54 FR 17714 , Apr. 25, 1989, as amended at 61 FR 14502 , Apr. 2, 1996; 63 FR 42278 , Aug. 7, 1998; 84 FR 25691 , June 4, 2019] § 15.35 Measurement detector functions and bandwidths. The conducted and radiated emission limits shown in this part are based on the following, unless otherwise specified in this part: ( a ) On any frequency or frequencies below or equal to 1000 MHz, the limits shown are based on measuring equipment employing a CISPR quasi-peak detector function and related measurement bandwidths, unless otherwise specified. The specifications for the measuring instrumentation using the CISPR quasi-peak detector can be found in ANSI C63.4-2014, clause 4 (incorporated by reference, see § 15.38 ). As an alternative to CISPR quasi-peak measurements, the responsible party, at its option, may demonstrate compliance with the emission limits using measuring equipment employing a peak detector function as long at the same bandwidth as indicated for CISPR quasi-peak measurements are employed. ( b ) Unless otherwise specified, on any frequency or frequencies above 1000 MHz, the radiated emission limits are based on the use of measurement instrumentation employing an average detector function. Unless otherwise specified, measurements above 1000 MHz shall be performed using a minimum resolution bandwidth of 1 MHz. When average radiated emission measurements are specified in this part, including average emission measurements below 1000 MHz, there also is a limit on the peak level of the radio frequency emissions. Unless otherwise specified, e.g., see §§ 15.250 , 15.252 , 15.253(d) , 15.255 , 15.256 , and 15.509 through 15.519 , the limit on peak radio frequency emissions is 20 dB above the maximum permitted average emission limit applicable to the equipment under test. This peak limit applies to the total peak emission level radiated by the device, e.g., the total peak power level. Note that the use of a pulse desensitization correction factor may be needed to determine the total peak emission level. The instruction manual or application note for the measurement instrument should be consulted for determining pulse desensitization factors, as necessary. ( c ) Unless otherwise specified, e.g., §§ 15.255 and 15.256(l)(5) , when the radiated emission limits are expressed in terms of the average value of the emission, and pulsed operation is employed, the measurement field strength shall be determined by averaging over one complete pulse train, including blanking intervals, as long as the pulse train does not exceed 0.1 seconds. As an alternative (provided the transmitter operates for longer than 0.1 seconds) or in cases where the pulse train exceeds 0.1 seconds, the measured field strength shall be determined from the average absolute voltage during a 0.1 second interval during which the field strength is at its maximum value. The exact method of calculating the average field strength shall be submitted with any application for certification or shall be retained in the measurement data file for equipment subject to Supplier's Declaration of Conformity. [ 82 FR 50832 , Nov. 2, 2017, as amended at 88 FR 47394 , July 24, 2023] § 15.37 Transition provisions for compliance with this part. ( a ) The manufacture or importation of scanning receivers, and frequency converters designed or marketed for use with scanning receivers, that do not comply with the provisions of § 15.121 shall cease on or before October 25, 1999. Effective July 26, 1999, the Commission will not grant equipment authorization for receivers that do not comply with the provisions of § 15.121 . This paragraph does not prohibit the sale or use of authorized receivers manufactured in the United States, or imported into the United States, prior to October 25, 1999. ( b ) Effective October 16, 2002, an equipment approval may no longer be obtained for medical telemetry equipment operating under the provisions of § 15.241 or § 15.242 . The requirements for obtaining an approval for medical telemetry equipment after this date are found in subpart H of part 95 of this chapter . ( c ) All radio frequency devices that are authorized on or after July 12, 2004 under the certification, or Supplier's Declaration of Conformity procedures (or the prior verification or declaration of conformity procedures, as applicable) shall comply with the conducted limits specified in § 15.107 or § 15.207 as appropriate. All radio frequency devices that are manufactured or imported on or after July 11, 2005 shall comply with the conducted limits specified in § 15.107 or § 15.207 , as appropriate. Equipment authorized, imported or manufactured prior to these dates shall comply with the conducted limits specified in § 15.107 or § 15.207 , as appropriate, or with the conducted limits that were in effect immediately prior to September 9, 2002. ( d ) Radar detectors manufactured or imported after August 28, 2002 and marketed after September 27, 2002 shall comply with the regulations specified in this part. Radar detectors manufactured or imported prior to January 27, 2003 may be labeled with the information required by § 2.925 of this chapter and § 15.19(a) on the individual equipment carton rather than on the device, and are exempt from complying with the requirements of § 15.21 . ( e ) U-NII equipment operating in the 5.25-5.35 GHz band for which applications for certification are filed on or after July 20, 2006 shall comply with the DFS and TPC requirements specified in § 15.407 . U-NII equipment operating in the 5.25-5.35 GHz band that are imported or marketed on or after July 20, 2007 shall comply with the DFS and TPC requirements in § 15.407 . ( f ) All Access BPL devices that are manufactured, imported, marketed or installed on or after July 7, 2006, shall comply with the requirements specified in subpart G of this part , including certification of the equipment. ( g ) The manufacture or importation of auditory assistance devices that operate in the 72.0-73.0 MHz, 74.6-74.8 MHz, and 75.2-76.0 MHz bands that do not comply with the requirements of § 15.237(c) shall cease on or before July 11, 2016. Effective January 12, 2015, equipment approval will not be granted for auditory assistance devices that operate in the 72.0-73.0 MHz, 74.6-74.8 MHz, and 75.2-76.0 MHz bands that do not comply with the requirements of § 15.237(c) . These rules do not prohibit the sale or use of authorized auditory assistance devices that operate in the 72.0-73.0 MHz, 74.6-74.8 MHz, and 75.2-76.0 MHz bands manufactured in the United States, or imported into the United States, prior to July 11, 2016. ( h ) Effective June 2, 2015 devices using digital modulation techniques in the 5725-5850 MHz bands will no longer be certified under the provisions of § 15.247 . The technical requirements for obtaining certification after this date for digitally modulated devices and the digitally modulated portion of hybrid devices are found in subpart E of this part . The provisions for the frequency hopping spread spectrum portion of hybrid devices will remain in § 15.247 . Effective June 2, 2016 systems using digital modulation techniques in the 5725-5850 MHz band certified under the provisions of § 15.247 may no longer be imported or marketed within the United States. ( i ) As of December 26, 2017, wireless microphones for which an application for certification is filed must comply with the requirements of § 15.236 . Manufacturing and marketing of wireless microphones that would not comply with the rules for operation in § 15.236 must cease no later than September 24, 2018. Only wireless microphones certified for operation under this part may be operated under this part as of July 13, 2020. ( j ) White space devices which are approved by Telecommunication Certification Bodies beginning [six months after the effective date of the rules] shall comply with the database re-check requirements in § 15.711(h) of this part . White space devices that are in operation, imported or marketed beginning [six months after the effective date of the rules] shall also comply with these requirements. ( k ) Disclosure requirements for unlicensed wireless microphones capable of operating in the 600 MHz service band. Any person who manufactures, sells, leases, or offers for sale or lease, unlicensed wireless microphones that are capable of operating in the 600 MHz service band, as defined in this part, on or after July 13, 2017, is subject to the following disclosure requirements: ( 1 ) Such persons must display the consumer disclosure text, as specified by the Consumer and Governmental Affairs Bureau, at the point of sale or lease of each such unlicensed wireless microphone. The text must be displayed in a clear, conspicuous, and readily legible manner. One way to fulfill the requirement in this section is to display the consumer disclosure text in a prominent manner on the product box by using a label (either printed onto the box or otherwise affixed to the box), a sticker, or other means. Another way to fulfill this requirement is to display the text immediately adjacent to each unlicensed wireless microphone offered for sale or lease and clearly associated with the model to which it pertains. ( 2 ) If such persons offer such unlicensed wireless microphones via direct mail, catalog, or electronic means, they shall prominently display the consumer disclosure text in close proximity to the images and descriptions of each such unlicensed wireless microphone. The text should be in a size large enough to be clear, conspicuous, and readily legible, consistent with the dimensions of the advertisement or description. ( 3 ) If such persons have Web sites pertaining to these unlicensed wireless microphones, the consumer disclosure text must be displayed there in a clear, conspicuous, and readily legible manner (even in the event such persons do not sell unlicensed wireless microphones directly to the public). ( 4 ) The consumer disclosure text described in paragraph (k)(1) of this section is set forth in Figure 1 to this paragraph. ( l ) The certification of wideband vehicular radars designed to operate in the 23.12-29 GHz band under § 15.252 and ultra-wideband vehicular radars designed to operate in the 22-29 GHz band under § 15.515 shall not be permitted on or after September 20, 2018. ( m ) The manufacture, importation, marketing, sale, and installation of wideband or ultra-wideband vehicular radars that are designed to operate in the 23.12-29 GHz band under § 15.252 and/or in the 22-29 GHz band under § 15.515 shall not be permitted after January 1, 2022. Notwithstanding the foregoing, sale and installation of such radars is permitted, for the life of the vehicle, when the following conditions have been met: ( 1 ) The sale and installation is for the exclusive purpose of repairing or replacing defective, damaged, or potentially malfunctioning radars that are designed to operate in the 23.12-29 GHz band under § 15.252 and/or in the 22-29 GHz band under § 15.515 ; ( 2 ) The equipment being repaired or replaced has been installed in the vehicle on or before January 1, 2022; and ( 3 ) It is not possible to replace the vehicular radar equipment designed to operate in the 23.12-29 GHz and/or 22-29 GHz bands with vehicular radar equipment designed to operate in the 76-81 GHz band. ( n ) Wideband or ultra-wideband vehicular radars operating in the 23.12-29 GHz band under § 15.252 and/or in the 22-29 GHz band under § 15.515 that are already installed or in use may continue to operate in accordance with their previously obtained certification. Class II permissive changes for such equipment shall not be permitted after January 1, 2022. ( o ) Applicable July 13, 2017, the certification, manufacture, importation, marketing, sale, and installation of field disturbance sensors that are designed to operate in the 16.2-17.7 GHz and 46.7-46.9 GHz bands shall not be permitted. Field disturbance sensors already installed or in use in the 16.2-17.7 GHz band may continue to operate in accordance with their previously obtained certification. Class II permissive changes shall not be permitted for such equipment. ( p ) Effective October 20, 2017, the certification under this part of vehicular radars and fixed radar systems used in airport air operations areas that are designed to operate in the 76-77 GHz band shall not be permitted. Vehicular radars and fixed radar systems used in airport air operations areas operating in the 76-77 GHz band that are already installed or in use may continue to operate in accordance with their previously obtained certification. Any future certification, or any change of already issued certification and operations of such equipment, shall be under part 95, subpart M, of this chapter. ( q ) All fixed white space devices which are approved by Telecommunication Certification Bodies on or after February 19, 2020 or that are marketed on or after February 19, 2021 shall comply with the requirements of § 15.711(c) . Fixed white space devices which are approved or marketed before the dates in the preceding sentence shall comply with either the requirements of § 15.711(c) or the requirements of § 15.711(c) as in effect prior to August 19, 2019 (see 47 CFR part 15 as revised October 1, 2018). ( r ) Field disturbance sensor/radar devices being marketed or operating in the frequency band 57-64 GHz approved by Telecommunication Certification Bodies as being in compliance with previously adopted rules or waivers thereof on or before [six months after the effective date of the rules] may continue to be marketed and operate in accordance with their certifications. All other field disturbance sensor/radar devices shall comply with the requirements in § 15.255 . ( s ) Prior to October 30, 2025, measurements for intentional radiators subject to § 15.31(a)(3) must be made using the procedures in ANSI C63.10-2013 or ANSI C63.10-2020 (incorporated by reference, see § 15.38 ). On or after October 30, 2025, measurements for intentional radiators subject to § 15.31(a)(3) must be made using the procedures in ANSI C63.10-2020 (incorporated by reference, see § 15.38 ). [ 77 FR 4913 , Feb. 1, 2012, as amended at 78 FR 34927 , June 11, 2013; 79 FR 24578 , May 1, 2014; 80 FR 71728 , Nov. 17, 2015; 80 FR 73068 , Nov. 23, 2015; 82 FR 41559 , Sept. 1, 2017; 82 FR 43870 , Sept. 20, 2017; 82 FR 50832 , Nov. 2, 2017; 83 FR 10640 , 10642 , Mar. 12, 2018; 84 FR 34796 , July 19, 2019; 87 FR 18992 , Apr. 1, 2022, 88 FR 47394 , July 24, 2023; 88 FR 67115 , Sept. 29, 2023] § 15.38 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . To enforce any edition other than that specified in this section, the Federal Communications Commission (FCC) must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the FCC and at the National Archives and Records Administration (NARA). Contact the FCC at the address indicated in 47 CFR 0.401(a) , phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the following source(s): ( a ) American National Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036; phone: (212) 642-4980; email info@ansi.org ; website: https://webstore.ansi.org/ . ( 1 ) ANSI C63.17-2013, American National Standard for Methods of Measurement of the Electromagnetic and Operational Compatibility of Unlicensed Personal Communications Services (UPCS) Devices, approved August 12, 2013; IBR approved for § 15.31 . ( 2 ) Third Edition of the International Special Committee on Radio Interference (CISPR), Pub. 22, Information Technology Equipment-Radio Disturbance Characteristics-Limits and Methods of Measurement, 1997; IBR approved for § 15.09 . ( b ) Cable Television Laboratories, Inc., 858 Coal Creek Circle, Louisville, Colorado 80027; phone: (303) 661-9100; website: www.cablelabs.com/ . ( 1 ) M-UDCP-PICS-I04-080225, Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS, February 25, 2008; IBR approved for § 15.123(c) . ( 2 ) TP-ATP-M-UDCP-I05-20080304, Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP Device Acceptance Test Plan, March 4, 2008; IBR approved for § 15.123(c) . ( c ) Consumer Technology Association (formerly Consumer Electronics Association), 1919 S. Eads St., Arlington, VA 22202; phone: (703) 907-7634; email: CTA@CTA.tech ; website: www.cta.tech/ . ( 1 ) CEA-542-B, CEA Standard: Cable Television Channel Identification Plan, July 2003; IBR approved for § 15.118 . ( 2 ) CEA-766-A, U.S. and Canadian Region Rating Tables (RRT) and Content Advisory Descriptors for Transport of Content Advisory Information using ATSC A/65-A Program and System Information Protocol (PSIP), April 2001; IBR approved for § 15.120 . ( 3 ) EIA-608, Recommended Practice for Line 21 Data Service, 1994; IBR approved for § 15.120 . ( 4 ) EIA-744, Transport of Content Advisory Information Using Extended Data Service (XDS), 1997; IBR approved for § 15.120 . ( 5 ) Uni-Dir-PICS-I01-030903, Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma, September 3, 2003; IBR approved for § 15.123(c) . ( 6 ) Uni-Dir-ATP-I02-040225, Uni-Directional Receiving Device, Acceptance Test Plan, February 25, 2004; IBR approved for § 15.123(c) . ( d ) European Telecommunications Standards Institute, 650 Route des Lucioles, F-06921 Sophia Antipolis Cedex, France; website: www.etsi.org/ . ( 1 ) ETSI EN 300 422-1 V1.4.2 (2011-08), Electromagnetic compatibility and Radio spectrum Matters (ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range; Part 1: Technical characteristics and methods of measurement, Copyright 2011; IBR approved for § 15.236(g) . ( 2 ) [Reserved] ( e ) Institute of Electrical and Electronic Engineers (IEEE), 3916 Ranchero Drive, Ann Arbor, MI 48108; phone: (800) 678-4333; email: stds-info@ieee.org ; website: www.ieee.org/ . ( 1 ) ANSI C63.4-2014: American National Standard for Methods of Measurement of Radio-Noise Emissions from Low-Voltage Electrical and Electronic Equipment in the Range of 9 kHz to 40 GHz, ANSI approved June 13, 2014; IBR approved for § 15.35(a) . ( 2 ) ANSI C63.4-2014, American National Standard for Methods of Measurement of Radio-Noise Emissions from Low-Voltage Electrical and Electronic Equipment in the Range of 9 kHz to 40 GHz, ANSI approved June 13, 2014 (excluding clauses 4.5.3, 4.6, 6.2.13, 8.2.2, 9, and 13); IBR approved for § 15.31(a) . ( 3 ) ANSI C63.10-2013, American National Standard of Procedures for Compliance Testing of Unlicensed Wireless Devices, ANSI approved June 27, 2013; IBR approved for §§ 15.31(a) ; 15.37(s) . ( 4 ) ANSI C63.10-2020, American National Standard of Procedures for Compliance Testing of Unlicensed Wireless Devices, ANSI-approved September 10, 2020; IBR approved for §§ 15.31(a) ; 15.37(s) . ( f ) Society of Cable Telecommunications Engineers (SCTE), 140 Philips Rd., Exton, PA 19341; phone: (610) 363-6888; email: info@scte.org ; website: www.scte.org . ( 1 ) SCTE 28 2003 (formerly DVS 295): “Host-POD Interface Standard,” 2003; IBR approved for § 15.123 . ( 2 ) SCTE 40 2003 (formerly DVS 313): “Digital Cable Network Interface Standard,” 2003; IBR approved for § 15.123 . ( 3 ) SCTE 41 2003 (formerly DVS 301): “POD Copy Protection System,” 2003; IBR approved for § 15.123 . ( 4 ) ANSI/SCTE 54 2003 (formerly DVS 241): “Digital Video Service Multiplex and Transport System Standard for Cable Television,” 2003; IBR approved for § 15.123 . ( 5 ) ANSI/SCTE 65 2002 (formerly DVS 234): “Service Information Delivered Out-of-Band for Digital Cable Television,” 2002; IBR approved for § 15.123 . Note 1 to § 15.38 : The standards listed in paragraphs (c) and (f) of this section are available from Accuris (formerly Global Engineering), 15 Inverness Way East, Englewood, CO 80112; phone: (800) 854-7179; website: https://global.ihs.com . Note 2 to § 15.38 : The standards listed in paragraphs (e) and (f) of this section are available from ANSI (see paragraph (a) of this section for contact information). [ 88 FR 67115 , Sept. 29, 2023] Subpart B—Unintentional Radiators § 15.101 Equipment authorization of unintentional radiators. ( a ) Except as otherwise exempted in §§ 15.23 , 15.103 , and 15.113 , unintentional radiators shall be authorized prior to the initiation of marketing, pursuant to the procedures for certification or Supplier's Declaration of Conformity (SDoC) given in subpart J of part 2 of this chapter , as follows: Table 1 to Paragraph ( a ) Type of device Equipment authorization required TV Broadcast Receiver SDoC or Certification. FM Broadcast Receiver SDoC or Certification. CB Receiver SDoC or Certification. Superregenerative Receiver SDoC or Certification. Scanning Receiver Certification. Radar Detector Certification. All other receivers subject to Part 15 SDoC or Certification. TV Interface Device SDoC or Certification. Cable System Terminal Device SDoC or Certification. Stand-alone Cable input selector switch SDoC or Certification. Class B personal computers and peripherals SDoC or Certification. CPU boards and internal power supplies used with Class B personal computers SDoC or Certification. Class B personal computers assembled using authorized CPU boards or power supplies SDoC or Certification. Class B external switching power supplies SDoC or Certification. Other Class B digital devices & peripherals SDoC or Certification. Class A digital devices, peripherals & external switching power supplies SDoC or Certification. Access Broadband over Power Line (Access BPL) Certification. All other devices SDoC or Certification. ( b ) Only those receivers that operate (tune) within the frequency range of 30-960 MHz, CB receivers and radar detectors are subject to the authorizations shown in paragraph (a) of this section. Receivers operating above 960 MHz or below 30 MHz, except for radar detectors and CB receivers, are exempt from complying with the technical provisions of this part but are subject to § 15.5 . ( c ) Personal computers shall be authorized in accordance with one of the following methods: ( 1 ) The specific combination of CPU board, power supply and enclosure is tested together and authorized under Supplier's Declaration of Conformity or a grant of certification; ( 2 ) The personal computer is authorized under Supplier's Declaration of Conformity or a grant of certification, and the CPU board or power supply in that computer is replaced with a CPU board or power supply that has been separately authorized under Supplier's Declaration of Conformity or a grant of certification; or ( 3 ) The CPU board and power supply used in the assembly of a personal computer have been separately authorized under Supplier's Declaration of Conformity or a grant of certification; and ( 4 ) Personal computers assembled using either of the methods specified in paragraphs (c)(2) or (c)(3) of this section must, by themselves, also be authorized under Supplier's Declaration of Conformity if they are marketed. However, additional testing is not required for this Supplier's Declaration of Conformity, provided the procedures in § 15.102(b) are followed. ( d ) Peripheral devices, as defined in § 15.3(r) , shall be authorized under Supplier's Declaration of Conformity, or a grant of certification, as appropriate, prior to marketing. Regardless of the provisions of paragraphs (a) or (c) of this section, if a CPU board, power supply, or peripheral device will always be marketed with a specific personal computer, it is not necessary to obtain a separate authorization for that product provided the specific combination of personal computer, peripheral device, CPU board and power supply has been authorized under Supplier's Declaration of Conformity or a grant of certification as a personal computer. ( 1 ) No authorization is required for a peripheral device or a subassembly that is sold to an equipment manufacturer for further fabrication; that manufacturer is responsible for obtaining the necessary authorization prior to further marketing to a vendor or to a user. ( 2 ) Power supplies and CPU boards that have not been separately authorized and are designed for use with personal computers may be imported and marketed only to a personal computer equipment manufacturer that has indicated, in writing, to the seller or importer that they will obtain Supplier's Declaration of Conformity or a grant of certification for the personal computer employing these components. ( e ) Subassemblies to digital devices are not subject to the technical standards in this part unless they are marketed as part of a system in which case the resulting system must comply with the applicable regulations. Subassemblies include: ( 1 ) Devices that are enclosed solely within the enclosure housing the digital device, except for: Power supplies used in personal computers; devices included under the definition of a peripheral device in § 15.3(r) ; and personal computer CPU boards, as defined in § 15.3(bb) ; ( 2 ) CPU boards, as defined in § 15.3(bb) , other than those used in personal computers, that are marketed without an enclosure or power supply; and ( 3 ) Switching power supplies that are separately marketed and are solely for use internal to a device other than a personal computer. [ 82 FR 50832 , Nov. 2, 2017] § 15.102 CPU boards and power supplies used in personal computers. ( a ) Authorized CPU boards and power supplies that are sold as separate components shall be supplied with complete installation instructions. These instructions shall specify all of the installation procedures that must be followed to ensure compliance with the standards, including, if necessary, the type of enclosure, e.g., a metal enclosure, proper grounding techniques, the use of shielded cables, the addition of any needed components, and any necessary modifications to additional components. ( 1 ) Any additional parts needed to ensure compliance with the standards, except for the enclosure, are considered to be special accessories and, in accordance with § 15.27 , must be marketed with the CPU board or power supply. ( 2 ) Any modifications that must be made to a personal computer, peripheral device, CPU board or power supply during installation of a CPU board or power supply must be simple enough that they can be performed by the average consumer. Parts requiring soldering, disassembly of circuitry or other similar modifications are not permitted. ( b ) Assemblers of personal computer systems employing modular CPU boards and/or power supplies are not required to test the resulting system provided the following conditions are met: ( 1 ) Each device used in the system has been authorized as required under this part (according to § 15.101(e) , some subassemblies used in a personal computer system may not require an authorization); ( 2 ) The original label and identification on each piece of equipment remain unchanged; ( 3 ) Each responsible party's instructions to ensure compliance (including, if necessary, the use of shielded cables or other accessories or modifications) are followed when the system is assembled; ( 4 ) If the system is marketed, the resulting equipment combination is authorized under Supplier's Declaration of Conformity pursuant to § 15.101(c)(4) and a compliance information statement, as described in § 2.1077(b) of this chapter , is supplied with the system. Marketed systems shall also comply with the labeling requirements in § 15.19 and must be supplied with the information required under §§ 15.21 , 15.27 and 15.105 ; and ( 5 ) The assembler of a personal computer system may be required to test the system and/or make necessary modifications if a system is found to cause harmful interference or to be noncompliant with the appropriate standards in the configuration in which it is marketed (see §§ 2.909 , 15.1 , 15.27(d) and 15.101(e) ). [ 61 FR 31050 , June 19, 1996, as amended at 82 FR 50833 , Nov. 2, 2017] § 15.103 Exempted devices. Except as provided in paragraph (j) of this section, the following devices are subject only to the general conditions of operation in §§ 15.5 and 15.29 , and are exempt from the specific technical standards and other requirements contained in this part. The operator of the exempted device shall be required to stop operating the device upon a finding by the Commission or its representative that the device is causing harmful interference. Operation shall not resume until the condition causing the harmful interference has been corrected. Although not mandatory, it is strongly recommended that the manufacturer of an exempted device endeavor to have the device meet the specific technical standards in this part. ( a ) A digital device utilized exclusively in any transportation vehicle including motor vehicles and aircraft. ( b ) A digital device used exclusively as an electronic control or power system utilized by a public utility or in an industrial plant. The term public utility includes equipment only to the extent that it is in a dedicated building or large room owned or leased by the utility and does not extend to equipment installed in a subscriber's facility. ( c ) A digital device used exclusively as industrial, commercial, or medical test equipment. ( d ) A digital device utilized exclusively in an appliance, e.g., microwave oven, dishwasher, clothes dryer, air conditioner (central or window), etc. ( e ) Specialized medical digital devices (generally used at the direction of or under the supervision of a licensed health care practitioner) whether used in a patient's home or a health care facility. Non-specialized medical devices, i.e. , devices marketed through retail channels for use by the general public, are not exempted. This exemption also does not apply to digital devices used for record keeping or any purpose not directly connected with medical treatment. ( f ) Digital devices that have a power consumption not exceeding 6 nW. ( g ) Joystick controllers or similar devices, such as a mouse, used with digital devices but which contain only non-digital circuitry or a simple circuit to convert the signal to the format required (e.g., an integrated circuit for analog to digital conversion) are viewed as passive add-on devices, not themselves directly subject to the technical standards or the equipment authorization requirements. ( h ) Digital devices in which both the highest frequency generated and the highest frequency used are less than 1.705 MHz and which do not operate from the AC power lines or contain provisions for operation while connected to the AC power lines. Digital devices that include, or make provision for the use of, battery eliminators, AC adaptors or battery chargers which permit operation while charging or that connect to the AC power lines indirectly, obtaining their power through another device which is connected to the AC power lines, do not fall under this exemption. ( i ) Responsible parties should note that equipment containing more than one device is not exempt from the technical standards in this part unless all of the devices in the equipment meet the criteria for exemption. If only one of the included devices qualifies for exemption, the remainder of the equipment must comply with any applicable regulations. If a device performs more than one function and all of those functions do not meet the criteria for exemption, the device does not qualify for inclusion under the exemptions. ( j ) Notwithstanding other provisions of this section, the rules governing certification apply to any equipment produced by any entity identified on the Covered List, as established pursuant to § 1.50002 of this chapter , as producing covered communications equipment. [ 54 FR 17714 , Apr. 25, 1989, as amended at 88 FR 7625 , Feb. 6, 2023] § 15.105 Information to the user. ( a ) For a Class A digital device or peripheral, the instructions furnished the user shall include the following or similar statement, placed in a prominent location in the text of the manual: Note: This equipment has been tested and found to comply with the limits for a Class A digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference when the equipment is operated in a commercial environment. This equipment generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instruction manual, may cause harmful interference to radio communications. Operation of this equipment in a residential area is likely to cause harmful interference in which case the user will be required to correct the interference at his own expense. ( b ) For a Class B digital device or peripheral, the instructions furnished the user shall include the following or similar statement, placed in a prominent location in the text of the manual: Note: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures: —Reorient or relocate the receiving antenna. —Increase the separation between the equipment and receiver. —Connect the equipment into an outlet on a circuit different from that to which the receiver is connected. —Consult the dealer or an experienced radio/TV technician for help. ( c ) The provisions of paragraphs (a) and (b) of this section do not apply to digital devices exempted from the technical standards under the provisions of § 15.103 . ( d ) For systems incorporating several digital devices, the statement shown in paragraph (a) or (b) of this section needs to be contained only in the instruction manual for the main control unit. ( e ) In cases where the manual is provided only in a form other than paper, such as on a computer disk or over the Internet, the information required by this section may be included in the manual in that alternative form, provided the user can reasonably be expected to have the capability to access information in that form. [ 54 FR 17714 , Apr. 25, 1989, as amended at 68 FR 68546 , Dec. 9, 2003] § 15.107 Conducted limits. ( a ) Except for Class A digital devices, for equipment that is designed to be connected to the public utility (AC) power line, the radio frequency voltage that is conducted back onto the AC power line on any frequency or frequencies within the band 150 kHz to 30 MHz shall not exceed the limits in the following table, as measured using a 50 μH/50 ohms line impedance stabilization network (LISN). Compliance with the provisions of this paragraph shall be based on the measurement of the radio frequency voltage between each power line and ground at the power terminal. The lower limit applies at the band edges. Frequency of emission (MHz) Conducted limit (dBμV) Quasi-peak Average 0.15-0.5 66 to 56* 56 to 46* 0.5-5 56 46 5-30 60 50 *Decreases with the logarithm of the frequency. ( b ) For a Class A digital device that is designed to be connected to the public utility (AC) power line, the radio frequency voltage that is conducted back onto the AC power line on any frequency or frequencies within the band 150 kHz to 30 MHz shall not exceed the limits in the following table, as measured using a 50 μH/50 ohms LISN. Compliance with the provisions of this paragraph shall be based on the measurement of the radio frequency voltage between each power line and ground at the power terminal. The lower limit applies at the boundary between the frequency ranges. Frequency of emission (MHz) Conducted limit (dBμV) Quasi-peak Average 0.15-0.5 79 66 0.5-30 73 60 ( c ) The limits shown in paragraphs (a) and (b) of this section shall not apply to carrier current systems operating as unintentional radiators on frequencies below 30 MHz. In lieu thereof, these carrier current systems shall be subject to the following standards: ( 1 ) For carrier current systems containing their fundamental emission within the frequency band 535-1705 kHz and intended to be received using a standard AM broadcast receiver: no limit on conducted emissions. ( 2 ) For all other carrier current systems: 1000 μV within the frequency band 535-1705 kHz, as measured using a 50 μH/50 ohms LISN. ( 3 ) Carrier current systems operating below 30 MHz are also subject to the radiated emission limits in § 15.109(e) . ( d ) Measurements to demonstrate compliance with the conducted limits are not required for devices which only employ battery power for operation and which do not operate from the AC power lines or contain provisions for operation while connected to the AC power lines. Devices that include, or make provision for, the use of battery chargers which permit operating while charging, AC adaptors or battery eliminators or that connect to the AC power lines indirectly, obtaining their power through another device which is connected to the AC power lines, shall be tested to demonstrate compliance with the conducted limits. [ 54 FR 17714 , Apr. 25, 1989, as amended at 57 FR 33448 , July 29, 1992; 58 FR 51249 , Oct. 1, 1993; 66 FR 19098 , Apr. 13, 2001; 67 FR 45670 , July 10, 2002] § 15.109 Radiated emission limits. ( a ) Except for Class A digital devices, the field strength of radiated emissions from unintentional radiators at a distance of 3 meters shall not exceed the following values: Frequency of emission (MHz) Field strength (microvolts/meter) 30-88 100 88-216 150 216-960 200 Above 960 500 ( b ) The field strength of radiated emissions from a Class A digital device, as determined at a distance of 10 meters, shall not exceed the following: Frequency of emission (MHz) Field strength (microvolts/meter) 30-88 90 88-216 150 216-960 210 Above 960 300 ( c ) In the emission tables above, the tighter limit applies at the band edges. Sections 15.33 and 15.35 which specify the frequency range over which radiated emissions are to be measured and the detector functions and other measurement standards apply. ( d ) For CB receivers, the field strength of radiated emissions within the frequency range of 25-30 MHz shall not exceed 40 microvolts/meter at a distance of 3 meters. The field strength of radiated emissions above 30 MHz from such devices shall comply with the limits in paragraph (a) of this section. ( e ) Carrier current systems used as unintentional radiators or other unintentional radiators that are designed to conduct their radio frequency emissions via connecting wires or cables and that operate in the frequency range of 9 kHz to 30 MHz, including devices that deliver the radio frequency energy to transducers, such as ultrasonic devices not covered under part 18 of this chapter , shall comply with the radiated emission limits for intentional radiators provided in § 15.209 for the frequency range of 9 kHz to 30 MHz. As an alternative, carrier current systems used as unintentional radiators and operating in the frequency range of 525 kHz to 1705 kHz may comply with the radiated emission limits provided in § 15.221(a) . At frequencies above 30 MHz, the limits in paragraph (a) , (b) , or (g) of this section, as appropriate, apply. ( f ) For a receiver which employs terminals for the connection of an external receiving antenna, the receiver shall be tested to demonstrate compliance with the provisions of this section with an antenna connected to the antenna terminals unless the antenna conducted power is measured as specified in § 15.111(a) . If a permanently attached receiving antenna is used, the receiver shall be tested to demonstrate compliance with the provisions of this section. ( g ) As an alternative to the radiated emission limits shown in paragraphs (a) and (b) of this section, digital devices may be shown to comply with the standards contained in Third Edition of the International Special Committee on Radio Interference (CISPR), Pub. 22, “Information Technology Equipment—Radio Disturbance Characteristics—Limits and Methods of Measurement” (incorporated by reference, see § 15.38 ). In addition: ( 1 ) The test procedure and other requirements specified in this part shall continue to apply to digital devices. ( 2 ) If, in accordance with § 15.33 of this part , measurements must be performed above 1000 MHz, compliance above 1000 MHz shall be demonstrated with the emission limit in paragraph (a) or (b) of this section, as appropriate. Measurements above 1000 MHz may be performed at the distance specified in the CISPR 22 publications for measurements below 1000 MHz provided the limits in paragraphs (a) and (b) of this section are extrapolated to the new measurement distance using an inverse linear distance extrapolation factor (20 dB/decade), e.g., the radiated limit above 1000 MHz for a Class B digital device is 150 uV/m, as measured at a distance of 10 meters. ( 3 ) The measurement distances shown in CISPR Pub. 22, including measurements made in accordance with this paragraph above 1000 MHz, are considered, for the purpose of § 15.31(f)(4) of this part , to be the measurement distances specified in this part. ( h ) Radar detectors shall comply with the emission limits in paragraph (a) of this section over the frequency range of 11.7-12.2 GHz. [ 54 FR 17714 , Apr. 25, 1989, as amended at 56 FR 373 , Jan. 4, 1991; 58 FR 51249 , Oct. 1, 1993; 66 FR 19098 , Apr. 13, 2001; 67 FR 48993 , July 29, 2002; 69 FR 2849 , Jan. 21, 2004; 80 FR 33447 , June 12, 2015] § 15.111 Antenna power conduction limits for receivers. ( a ) In addition to the radiated emission limits, receivers that operate (tune) in the frequency range 30 to 960 MHz and CB receivers that provide terminals for the connection of an external receiving antenna may be tested to demonstrate compliance with the provisions of § 15.109 with the antenna terminals shielded and terminated with a resistive termination equal to the impedance specified for the antenna, provided these receivers also comply with the following: With the receiver antenna terminal connected to a resistive termination equal to the impedance specified or employed for the antenna, the power at the antenna terminal at any frequency within the range of measurements specified in § 15.33 shall not exceed 2.0 nanowatts. ( b ) CB receivers and receivers that operate (tune) in the frequency range 30 to 960 MHz that are provided only with a permanently attached antenna shall comply with the radiated emission limitations in this part, as measured with the antenna attached. § 15.113 Power line carrier systems. Power line carrier systems, as defined in § 15.3(t) , are subject only to the following requirements: ( a ) A power utility operating a power line carrier system shall submit the details of all existing systems plus any proposed new systems or changes to existing systems to an industry-operated entity as set forth in § 90.35(g) of this chapter . No notification to the FCC is required. ( b ) The operating parameters of a power line carrier system (particularly the frequency) shall be selected to achieve the highest practical degree of compatibility with authorized or licensed users of the radio spectrum. The signals from this operation shall be contained within the frequency band 9 kHz to 490 kHz. A power line carrier system shall operate on an unprotected, non-interference basis in accordance with § 15.5 of this part . If harmful interference occurs, the electric power utility shall discontinue use or adjust its power line carrier operation, as required, to remedy the interference. Particular attention should be paid to the possibility of interference to Loran C operations at 100 kHz. ( c ) Power line carrier system apparatus shall be operated with the minimum power possible to accomplish the desired purpose. No equipment authorization is required. ( d ) The best engineering principles shall be used in the generation of radio frequency currents by power line carrier systems to guard against harmful interference to authorized radio users, particularly on the fundamental and harmonic frequencies. ( e ) Power line carrier system apparatus shall conform to such engineering standards as may be promulgated by the Commission. In addition, such systems should adhere to industry approved standards designed to enhance the use of power line carrier systems. ( f ) The provisions of this section apply only to systems operated by a power utility for general supervision of the power system and do not permit operation on electric lines which connect the distribution substation to the customer or house wiring. Such operation can be conducted under the other provisions of this part. ( g ) Special provisions. An electric power utility entity shall not operate a new or modified power line carrier (PLC) system in the 135.7-137.8 kHz and/or 472-479 kHz bands if a previously coordinated amateur station pursuant to § 97.301(g)(2) of this chapter is located within one kilometer of the transmission lines conducting the PLC signal. [ 54 FR 17714 , Apr. 25, 1989; 54 FR 32339 , Aug. 7, 1989; 75 FR 63031 , Oct. 13, 2010; 82 FR 27213 , June 14, 2017] § 15.115 TV interface devices, including cable system terminal devices. ( a ) Measurements of the radiated emissions of a TV interface device shall be conducted with the output terminal(s) of the device terminated by a resistance equal to the rated output impedance. The emanations of a TV interface device incorporating an intentional radiator shall not exceed the limits in § 15.109 or subpart C of this part , whichever is higher for each frequency. Where it is possible to determine which portion of the device is contributing a particular radio frequency emission, the emissions from the TV interface device portion shall comply with the emission limits in § 15.109 , and the emissions from the intentional radiator shall comply with subpart C of this part . ( b ) Output signal limits: ( 1 ) At any RF output terminal, the maximum measured RMS voltage, in microvolts, corresponding to the peak envelope power of the modulated signal during maximum amplitude peaks across a resistance (R in ohms) matching the rated output impedance of the TV interface device, shall not exceed the following: ( i ) For a cable system terminal device or a TV interface device used with a master antenna, 692.8 times the square root of (R) for the video signal and 155 times the square root of (R) for the audio signal. ( ii ) For all other TV interface devices, 346.4 times the square root of (R) for the video signal and 77.5 times the square root of (R) for the audio signal. ( 2 ) At any RF output terminal, the maximum measured RMS voltage, in microvolts, corresponding to the peak envelope power of the modulated signal during maximum amplitude peaks across a resistance (R in ohms) matching the rated output impedance of the TV interface device, of any emission appearing on frequencies removed by more than 4.6 MHz below or 7.4 MHz above the video carrier frequency on which the TV interface device is operated shall not exceed the following: ( i ) For a cable system terminal device or a TV interface device used with a master antenna, 692.8 times the square root of (R). ( ii ) For all other TV interface devices, 10.95 times the square root of (R). ( 3 ) The term master antenna used in this section refers to TV interface devices employed for central distribution of television or other video signals within a building. Such TV interface devices must be designed to: ( i ) Distribute multiple television signals at the same time; ( ii ) Distribute such signals by cable to outlets or TV receivers in multiple rooms in the building in which the TV interface devices are installed; and, ( iii ) Distribute all over-the-air or cable signals. Note: Cable-ready video cassette recorders continue to be subject to the provisions for general TV interface devices. ( c ) A TV interface device shall be equipped with a transfer switch for connecting the antenna terminals of a receiver selectively either to the receiving antenna or to the radio frequency output of the TV interface device, subject to the following: ( 1 ) When measured in any of its set positions, transfer switches shall comply with the following requirements: ( i ) For a cable system terminal device or a TV interface device equipped for use with a cable system or a master antenna, as defined in paragraph (b)(3) of this section, the isolation between the antenna and cable input terminals shall be at least 80 dB from 54 MHz to 216 MHz, at least 60 dB from 216 MHz to 550 MHz and at least 55 dB from 550 MHz to 806 MHz. The 80 dB standard applies at 216 MHz and the 60 dB standard applies at 550 MHz. In the case of a transfer switch requiring a power source, the required isolation shall be maintained in the event the device is not connected to a power source or power is interrupted. ( ii ) For all other TV interface devices, the maximum voltage, corresponding to the peak envelope power of the modulated video signal during maximum amplitude peaks, in microvolts, appearing at the receiving antenna input terminals when terminated with a resistance (R in ohms) matching the rated impedance of the antenna input of the switch, shall not exceed 0.346 times the square root of (R). ( iii ) Measurement to determine compliance with the transfer switch limits shall be made using a connecting cable, where required, between the TV interface device and the transfer switch of the type and length: ( A ) Provided with the TV interface device, ( B ) Recommended in the instruction manual, or ( C ) Normally employed by the consumer. ( 2 ) A TV interface device shall be designed and constructed, to the extent practicable, so as to preclude the possibility that the consumer may inadvertently attach the output of the device to the receiving antenna, if any, without first going through the transfer switch. ( 3 ) A transfer switch is not required for a TV interface device that, when connected, results in the user no longer having any need to receive standard over-the-air broadcast signals via a separate antenna. A transfer switch is not required to be marketed with a cable system terminal device unless that device provides for the connection of an external antenna. A transfer switch is not required for a device that is intended to be used as an accessory to an authorized TV interface device. ( 4 ) An actual transfer switch is not required for a TV interface device, including a cable system terminal device, that has an antenna input terminal(s); provided, the circuitry following the antenna input terminal(s) has sufficient bandwidth to allow the reception of all TV broadcast channels authorized under part 73 of this chapter and: For a cable system terminal device that can alternate between the reception of cable television service and an antenna, compliance with the isolation requirement specified in paragraph (c)(1)(i) of this section can be demonstrated; and, for all other TV interface devices, the maximum voltage appearing at the antenna terminal(s) does not exceed the limit in paragraph (c)(1)(ii) of this section. ( 5 ) If a transfer switch is not required, the following label shall be used in addition to the label shown in § 15.19(a) : This device is intended to be attached to a receiver that is not used to receive over-the-air broadcast signals. Connection of this device in any other fashion may cause harmful interference to radio communications and is in violation of the FCC Rules, part 15. ( d ) A TV interface device, including a cable system terminal device, shall incorporate circuitry to automatically prevent emanations from the device from exceeding the technical specifications in this part. These circuits shall be adequate to accomplish their functions when the TV interface device is presented, if applicable, with video input signal levels in the range of one to five volts; this requirement is not applicable to a TV interface device that uses a built-in signal source and has no provisions for the connection of an external signal source. For devices that contain provisions for an external signal source but do not contain provisions for the input of an external baseband signal, e.g., some cable system terminal devices, compliance with the provisions of this paragraph shall be demonstrated with a radio frequency input signal of 0 to 25 dBmV. ( e ) For cable system terminal devices and TV interface devices used with a master antenna, as defined in paragraph (b)(3) of this section, the holder of the grant of authorization shall specify in the instruction manual or pamphlet, if a manual is not provided, the types of wires or coaxial cables necessary to ensure that the unit complies with the requirements of this part. The holder of the grant of authorization must comply with the provisions of § 15.27 . For all other TV interface devices, the wires or coaxial cables used to couple the output signals to the TV receiver shall be provided by the responsible party. ( f ) A TV interface device which is submitted to the Commission as a composite device in a single enclosure containing a RF modulator, video source and other component devices shall be submitted on a single application (FCC Form 731) and shall be authorized as a single device. ( g ) An external device or accessory that is intended to be attached to a TV interface device shall comply with the technical and administrative requirements set out in the rules under which it operates. For example, a personal computer must be certificated to show compliance with the regulations for digital devices. ( h ) Stand-alone switches used to alternate between cable service and an antenna shall provide isolation between the antenna and cable input terminals that is at least 80 dB from 54 MHz to 216 MHz, at least 60 dB from 216 MHz to 550 MHz and at least 55 dB from 550 MHz to 806 MHz. The 80 dB standard applies at 216 MHz and the 60 dB standard applies at 550 MHz. In the case of stand-alone switches requiring a power source, the required isolation shall be maintained in the event the device is not connected to a power source or power is interrupted. ( i ) Switches and other devices intended to be used to by-pass the processing circuitry of a cable system terminal device, whether internal to such a terminal device or a stand-alone unit, shall not attenuate the input signal more than 6 dB from 54 MHz to 550 MHz, or more than 8 dB from 550 MHz to 804 MHz. The 6 dB standard applies at 550 MHz. [ 54 FR 17714 , Apr. 25, 1989, as amended at 57 FR 33448 , July 29, 1992; 59 FR 25341 , May 16, 1994; 61 FR 18509 , Apr. 26, 1996; 77 FR 4913 , Feb. 1, 2012] § 15.117 TV broadcast receivers. ( a ) All TV broadcast receivers shipped in interstate commerce or imported into the United States, for sale or resale to the public, shall comply with the provisions of this section, except that paragraphs (f) and (g) of this section shall not apply to the features of such sets that provide for reception of digital television signals. The reference in this section to TV broadcast receivers also includes devices, such as TV interface devices and set-top devices that are intended to provide audio-video signals to a video monitor, that incorporate the tuner portion of a TV broadcast receiver and that are equipped with an antenna or antenna terminals that can be used for off-the-air reception of TV broadcast signals, as authorized under part 73 of this chapter . ( b ) TV broadcast receivers shall be capable of adequately receiving all channels allocated by the Commission to the television broadcast service that broadcast digital signals using the DTV transmission standard in § 73.682(d) of this chapter , but need not be capable of receiving analog signals or signals using the Next Gen TV transmission standard in § 73.682(f) of this chapter . ( c ) On a given receiver, use of the UHF and VHF tuning systems shall provide approximately the same degree of tuning accuracy with approximately the same expenditure of time and effort: Provided, however, That this requirement will be considered to be met if the need for routine fine tuning is eliminated on UHF channels. ( 1 ) Basic tuning mechanism. If a TV broadcast receiver is equipped to provide for repeated access to VHF television channels at discrete tuning positions, that receiver shall be equipped to provide for repeated access to a minimum of six UHF television channels at discrete tuning positions. Unless a discrete tuning position is provided for each channel allocated to UHF television, each position shall be readily adjustable to a particular UHF channel by the user without the use of tools. If 12 or fewer discrete tuning positions are provided, each position shall be adjustable to receive any channel allocated to UHF television. Note: The combination of detented rotary switch and pushbutton controls is acceptable, provided UHF channels, after their initial selection, can be accurately tuned with an expenditure of time and effort approximately the same as that used in accurately tuning VHF channels. A UHF tuning system comprising five pushbuttons and a separate manual tuning knob is considered to provide repeated access to six channels at discrete tuning positions. A one-knob (VHF/UHF) tuning system providing repeated access to 11 or more discrete tuning positions is also acceptable, provided each of the tuning positions is readily adjustable, without the use of tools, to receive any UHF channel. ( 2 ) Tuning controls and channel readout. UHF tuning controls and channel readout on a given receiver shall be comparable in size, location, accessibility and legibility to VHF controls and readout on that receiver. Note: Differences between UHF and VHF channel readout that follow directly from the larger number of UHF television channels available are acceptable if it is clear that a good faith effort to comply with the provisions of this section has been made. ( d ) If equipment and controls that tend to simplify, expedite or perfect the reception of television signals (e.g., AFC, visual aids, remote control, or signal seeking capability referred to generally as tuning aids) are incorporated into the VHF portion of a TV broadcast receiver, tuning aids of the same type and comparable capability and quality shall be provided for the UHF portion of that receiver. ( e ) If a television receiver has an antenna affixed to the VHF antenna terminals, it must have an antenna designed for and capable of receiving all UHF television channels affixed to the UHF antenna terminals. If a VHF antenna is provided with but not affixed to a receiver, a UHF antenna shall be provided with the receiver. ( f ) The picture sensitivity of a TV broadcast receiver averaged for all channels between 14 and 69 inclusive shall not be more than 8dB larger than the peak picture sensitivity of that receiver averaged for all channels between 2 and 13 inclusive. ( g ) The noise figure for any television channel 14 to 69 inclusive shall not exceed 14 dB. A TV receiver model is considered to comply with this noise figure if the maximum noise figure for channels 14-69 inclusive of 97.5% of all receivers within that model does not exceed 14 dB. ( 1 ) The responsible party shall measure the noise figure of a number of UHF channels of the test sample to give reasonable assurance that the UHF noise figure for each channel complies with the above limit. ( 2 ) The responsible party shall insert in his files a statement explaining the basis on which it will rely to ensure that at least 97.5% of all production units of the test sample that are manufactured have a noise figure of no greater than 14 dB. ( 3 ) [Reserved] ( 4 ) In the case of a TV tuner built-in as part of a video tape recorder that uses a power splitter between the antenna terminals of the video tape recorder and the input terminals of the TV tuner or a TV broadcast receiver that uses a power splitter between the antenna terminals of two or more UHF tuners contained within that receiver, 4 dB may be subtracted from the noise figure measured at the antenna terminals of the video tape recorder or TV broadcast receiver for determining compliance of the UHF tuner(s) with the 14 dB noise figure limit. ( h ) Digital television reception capability. TV broadcast receivers are required only to provide useable picture and sound commensurate with their video and audio capabilities when receiving digital television signals. ( i ) Digital television reception requirement. ( 1 ) Responsible parties, as defined in § 2.909 of this chapter , are required to equip with DTV tuners new TV broadcast receivers that are shipped in interstate commerce or imported from any foreign country into the United States and for which they are responsible to comply with the provisions of this section. For purposes of this section, the term “TV broadcast receivers” includes other video devices (videocassette recorders (VCRs), digital video recorders such as hard drive and DVD recorders, etc.) that receive television signals. ( 2 ) The requirement to include digital television reception capability in new TV broadcast receivers does not apply to devices such as mobile telephones and personal digital assistants where such devices do not include the capability to receive TV service on the frequencies allocated for broadcast television service. ( j ) For a TV broadcast receiver equipped with a cable input selector switch, the selector switch shall provide, in any of its set positions, isolation between the antenna and cable input terminals of at least 80 dB from 54 MHz to 216 MHz, at least 60 dB from 216 MHz to 550 MHz and at least 55 dB from 550 MHz to 806 MHz. The 80 dB standard applies at 216 MHz and the 60 dB standard applies at 550 MHz. In the case of a selector switch requiring a power source, the required isolation shall be maintained in the event the device is not connected to a power source or power is interrupted. An actual switch that can alternate between reception of cable television service and an antenna is not required for a TV broadcast receiver, provided compliance with the isolation requirement specified in this paragraph can be demonstrated and the circuitry following the antenna input terminal(s) has sufficient band-width to allow the reception of all TV broadcast channels authorized under this chapter. ( k ) The following requirements apply to all responsible parties, as defined in § 2.909 of this chapter , and any person that displays or offers for sale or rent television receiving equipment that is not capable of receiving, decoding and tuning digital signals. ( 1 ) Such parties and persons shall place conspicuously and in close proximity to such television broadcast receivers a sign containing, in clear and conspicuous print, the Consumer Alert disclosure text required by paragraph (k)(3) of this section. The text should be in a size of type large enough to be clear, conspicuous and readily legible, consistent with the dimensions of the equipment and the label. The information may be printed on a transparent material and affixed to the screen, if the receiver includes a display, in a manner that is removable by the consumer and does not obscure the picture, or, if the receiver does not include a display, in a prominent location on the device, such as on the top or front of the device, when displayed for sale, or the information in this format may be displayed separately immediately adjacent to each television broadcast receiver offered for sale and clearly associated with the analog-only model to which it pertains. ( 2 ) If such parties and persons display or offer for sale or rent such television broadcast receivers via direct mail, catalog, or electronic means, they shall prominently display in close proximity to the images or descriptions of such television broadcast receivers, in clear and conspicuous print, the Consumer Alert disclosure text required by paragraph (k)(3) of this section. The text should be in a size large enough to be clear, conspicuous, and readily legible, consistent with the dimensions of the advertisement or description. ( 3 ) Consumer alert. This television receiver has only an analog broadcast tuner and will require a converter box after February 17, 2009, to receive over-the-air broadcasts with an antenna because of the Nation's transition to digital broadcasting. Analog-only TVs should continue to work as before with cable and satellite TV services, gaming consoles, VCRs, DVD players, and similar products. For more information, call the Federal Communications Commission at 1-888-225-5322 (TTY: 1-888-835-5322) or visit the Commission's digital television Web site at: http://www.dtv.gov . [ 54 FR 17714 , Apr. 25, 1993, as amended at 59 FR 25341 , May 16, 1994; 61 FR 30532 , June 17, 1996; 67 FR 63294 , Oct. 11, 2002; 70 FR 38804 , July 6, 2005; 70 FR 75743 , Dec. 21, 2005; 72 FR 26560 , May 10, 2007; 73 FR 5681 , Jan. 30, 2008; 77 FR 4913 , Feb. 1, 2012; 81 FR 5052 , Feb. 1, 2016; 83 FR 5021 , Feb. 2, 2018] § 15.118 Cable ready consumer electronics equipment. ( a ) All consumer electronics TV receiving equipment marketed in the United States as cable ready or cable compatible shall comply with the provisions of this section. Consumer electronics TV receiving equipment that includes features intended for use with cable service but does not fully comply with the provisions of this section are subject to the labelling requirements of § 15.19(d) . Until such time as generally accepted testing standards are developed, paragraphs (c) and (d) of this section will apply only to the analog portion of covered consumer electronics TV receiving equipment ( b ) Cable ready consumer electronics equipment shall be capable of receiving all NTSC or similar video channels on channels 1 through 125 of the channel allocation plan set forth in CEA-542-B: “CEA Standard: Cable Television Channel Identification Plan,” (incorporated by reference, see § 15.38 ). ( c ) Cable ready consumer electronics equipment must meet the following technical performance requirements. Compliance with these requirements shall be determined by performing measurements at the unfiltered IF output port. Where appropriate, the Commission will consider allowing alternative measurement methods. ( 1 ) Adjacent channel interference. In the presence of a lower adjacent channel CW signal that is 1.5 MHz below the desired visual carrier in frequency and 10 dB below the desired visual carrier in amplitude, spurious signals within the IF passband shall be attenuated at least 55 dB below the visual carrier of the desired signal. The desired input signal shall be an NTSC visual carrier modulated with a 10 IRE flat field with color burst and the aural carrier which is 10 dB below the visual carrier should be unmodulated. Measurements are to be performed for input signal levels of 0 dBmV and + 15 dBmV, with the receiver tuned to ten evenly spaced EIA IS-132 channels covering the band 54 MHz to 804 MHz. ( 2 ) Image channel interference. Image channel interference within the IF passband shall be attenuated below the visual carrier of the desired channel by at least 60 dB from 54 MHz to 714 MHz and 50 dB from 714 MHz to 804 MHz. The 60 dB standard applies at 714 MHz. In testing for compliance with this standard, the desired input signal is to be an NTSC signal on which the visual carrier is modulated with a 10 IRE flat field with color burst and the aural carrier is unmodulated and 10 dB below the visual carrier. The undesired test signal shall be a CW signal equal in amplitude to the desired visual carrier and located 90 MHz above the visual carrier frequency of the desired channel. Measurements shall be performed for input signals of 0 dBmV and + 15 dBmV, with the receiver tuned to at least ten evenly spaced EIA IS-132 channels covering the band 54 MHz to 804 MHz. ( 3 ) Direct pickup interference. The direct pickup (DPU) of a co-channel interfering ambient field by a cable ready device shall not exceed the following criteria. The ratio of the desired to undesired signal levels at the IF passband on each channel shall be at least 45 dB. The average ratio over the six channels shall be at least 50 dB. The desired input signal shall be an NTSC signal having a visual carrier level of 0 dBmV. The visual carrier is modulated with a 10 IRE flat field with color burst, visual to aural carrier ratio of 10 dB, aural carrier unmodulated. The equipment under test (EUT) shall be placed on a rotatable table that is one meter in height. Any excess length of the power cord and other connecting leads shall be coiled on the floor under the table. The EUT shall be immersed in a horizontally polarized uniform CW field of 100 mV/m at a frequency 2.55 MHz above the visual carrier of the EUT tuned channel. Measurements shall be made with the EUT tuned to six EIA IS-132 channels, two each in the low VHF, high VHF and UHF broadcast bands. On each channel, the levels at the IF passband due to the desired and interfering signals are to be measured. ( 4 ) Tuner overload. Spurious signals within the IF passband shall be attenuated at least 55 dB below the visual carrier of the desired channel using a comb-like spectrum input with each visual carrier signal individually set at + 15 dBmV from 54 to 550 MHz. The desired input signal is to be an NTSC signal on which the visual carrier is modulated with a 10 IRE flat field with color burst and the aural carrier is unmodulated and 10 dB below the visual carrier. Measurements shall be made with the receiver tuned to at least seven evenly spaced EIA IS-132 channels covering the band 54 MHz to 550 MHz. In addition, spurious signals within the IF passband shall be attenuated at least 51 dB below the visual carrier of the desired channel using a comb spectrum input with each signal individually set at + 15 dBmV from 550 to 804 MHz. Measurements shall be made with the receiver tuned to at least three evenly spaced EIA IS-132 channels covering the band 550 MHz to 804 MHz. ( 5 ) Cable input conducted emissions. ( i ) Conducted spurious emissions that appear at the cable input to the device must meet the following criteria. The input shall be an NTSC video carrier modulated with a 10 IRE flat field with color burst at a level of 0 dBmV and with a visual to aural ratio of 10 dB. The aural carrier shall be unmodulated. The peak level of the spurious signals will be measured using a spectrum analyzer connected by a directional coupler to the cable input of the equipment under test. Spurious signal levels must not exceed the limits in the following table: From 54 MHz up to and including 300 MHz-26 dBmV From 300 MHz up to and including 450 MHz-20 dBmV From 450 MHz up to and including 804 MHz-15 dBmV ( ii ) The average of the measurements on multiple channels from 450 MHz up to and including 804 MHz shall be no greater than −20 dBmV. Measurements shall be made with the receiver tuned to at least four EIA IS-132 channels in each of the above bands. The test channels are to be evenly distributed across each of the bands. Measurements for conducted emissions caused by sources internal to the device are to be made in a shielded room. Measurements for conducted emissions caused by external signal sources shall be made in an ambient RF field whose field strength is 100 mV/m, following the same test conditions as described in paragraph (c)(3) of this section. ( d ) The field strength of radiated emissions from cable ready consumer electronics equipment shall not exceed the limits in § 15.109(a) when measured in accordance with the applicable procedures specified in §§ 15.31 and 15.35 for unintentional radiators, with the following modifications. During testing the NTSC input signal level is to be + 15 dBmV, with a visual to aural ratio of 10 dB. The visual carrier is to be modulated by a 10 IRE flat field with color burst; the aural carrier is to be unmodulated. Measurements are to be taken on six EIA IS-132 channels evenly spaced across the required RF input range of the equipment under test. [ 59 FR 25341 , May 16, 1994, as amended at 61 FR 18509 , Apr. 26, 1996; 65 FR 64391 , Oct. 27, 2000; 68 FR 68546 , Dec. 9, 2003; 69 FR 2849 , Jan. 21, 2004; 69 FR 57861 , Sept. 28, 2004; 77 FR 4913 , Feb. 1, 2012] § 15.119 [Reserved] § 15.120 Program blocking technology requirements for television receivers. ( a ) Effective July 1, 1999, manufacturers of television broadcast receivers as defined in section 15.3(w) of this chapter , including personal computer systems meeting that definition, must ensure that one-half of their product models with picture screens 33 cm (13 in) or larger in diameter shipped in interstate commerce or manufactured in the United States comply with the provisions of paragraphs (c) , (d) , and (e) of this section. Note: This paragraph places no restrictions on the shipping or sale of television receivers that were manufactured before July 1999. ( b ) All TV broadcast receivers as defined in § 15.3(w) , including personal computer systems meeting that definition, with picture screens 33 cm (13 in) or larger, measured diagonally, or with displays in the 16:9 aspect ratio that are 19.8 cm (7.8 in) or greater in height and digital television receivers without an associated display device shipped in interstate commerce or manufactured in the United States shall comply with the provisions of paragraphs (c) , (d) , and (e) of this section. ( c ) Transmission format. ( 1 ) Analog television program rating information shall be transmitted on line 21 of field 2 of the vertical blanking interval of television signals, in accordance with § 73.682(a)(22) of this chapter . ( 2 ) Digital television program rating information shall be transmitted in digital television signals in accordance with § 73.682(d) of this chapter . ( d ) Operation. ( 1 ) Analog television receivers will receive program ratings transmitted pursuant to EIA-744: “Transport of Content Advisory Information Using Extended Data Service (XDS)” (incorporated by reference, see § 15.38 ) and EIA-608: “Recommended Practice for Line 21 Data Service” (incorporated by reference, see § 15.38 ). Blocking of programs shall occur when a program rating is received that meets the pre-determined user requirements. ( 2 ) Digital television receivers shall react in a similar manner as analog televisions when programmed to block specific rating categories. Digital television receivers will receive program rating descriptors transmitted pursuant to industry standard EIA/CEA-766-A “U.S. and Canadian Region Rating Tables (RRT) and Content Advisory Descriptors for Transport of Content Advisory Information using ATSC A/65-A Program and System Information Protocol (PSIP),” 2001 (incorporated by reference, see § 15.38 ). Blocking of programs shall occur when a program rating is received that meets the pre-determined user requirements. Digital television receivers shall be able to respond to changes in the content advisory rating system. ( e ) All television receivers as described in paragraph (a) of this section shall block programming as follows: ( 1 ) Channel Blocking. Channel Blocking should occur as soon as a program rating packet with the appropriate Content Advisory or MPAA rating level is received. Program blocking is described as a receiver performing all of the following: • Muting the program audio. • Rendering the video black or otherwise indecipherable. • Eliminating program-related captions. ( 2 ) Default State. The default state of a receiver ( i.e. , as provided to the consumer) should not block unrated programs. However, it is permissible to include features that allow the user to reprogram the receiver to block programs that are not rated. ( 3 ) Picture-In-Picture (PIP). If a receiver has the ability to decode program-related rating information for the Picture-In-Picture (PIP) video signal, then it should block the PIP channel in the same manner as the main channel. If the receiver does not have the ability to decode PIP program-related rating information, then it should block or otherwise disable the PIP if the viewer has enabled program blocking. ( 4 ) Selection of Ratings. Each television receiver, in accordance with user input, shall block programming based on the age based ratings, the content based ratings, or a combination of the two. ( i ) If the user chooses to block programming according to its age based rating level, the receiver must have the ability to automatically block programs with a more restrictive age based rating. For example, if all shows with an age-based rating of TV-PG have been selected for blocking, the user should be able to automatically block programs with the more restrictive ratings of TV-14 and TV-MA. ( ii ) If the user chooses to block programming according to a combination of age based and content based ratings the receiver must have the ability to automatically block programming with a more restrictive age rating but a similar content rating. For example, if all shows rated TV-PG-V have been selected for blocking, the user should be able to block automatically shows with the more restrictive ratings of TV-14-V and TV-MA-V. ( iii ) The user should have the capability of overriding the automatic blocking described in paragraphs (e)(4)(i) and (4)(ii) of this section. [ 63 FR 20133 , Apr. 23, 1998, as amended at 68 FR 68546 , Dec. 9, 2003; 69 FR 2849 , Jan. 21, 2004; 69 FR 59534 , Oct. 4, 2004; 73 FR 5682 , Jan. 30, 2008; 74 FR 63079 , Dec. 2, 2009; 77 FR 4913 , Feb. 1, 2012] § 15.121 Scanning receivers and frequency converters used with scanning receivers. ( a ) Except as provided in paragraph (c) of this section, scanning receivers and frequency converters designed or marketed for use with scanning receivers, shall: ( 1 ) Be incapable of operating (tuning), or readily being altered by the user to operate, within the frequency bands allocated to the Cellular Radiotelephone Service in part 22 of this chapter (cellular telephone bands). Scanning receivers capable of “readily being altered by the user” include, but are not limited to, those for which the ability to receive transmissions in the cellular telephone bands can be added by clipping the leads of, or installing, a simple component such as a diode, resistor or jumper wire; replacing a plug-in semiconductor chip; or programming a semiconductor chip using special access codes or an external device, such as a personal computer. Scanning receivers, and frequency converters designed for use with scanning receivers, also shall be incapable of converting digital cellular communication transmissions to analog voice audio. ( 2 ) Be designed so that the tuning, control and filtering circuitry is inaccessible. The design must be such that any attempts to modify the equipment to receive transmissions from the Cellular Radiotelephone Service likely will render the receiver inoperable. ( b ) Except as provided in paragraph (c) of this section, scanning receivers shall reject any signals from the Cellular Radiotelephone Service frequency bands that are 38 dB or lower based upon a 12 dB SINAD measurement, which is considered the threshold where a signal can be clearly discerned from any interference that may be present. ( c ) Scanning receivers and frequency converters designed or marketed for use with scanning receivers, are not subject to the requirements of paragraphs (a) and (b) of this section provided that they are manufactured exclusively for, and marketed exclusively to, entities described in 18 U.S.C. 2512(2) , or are marketed exclusively as test equipment pursuant to § 15.3(dd) . ( d ) Modification of a scanning receiver to receive transmissions from Cellular Radiotelephone Service frequency bands will be considered to constitute manufacture of such equipment. This includes any individual, individuals, entity or organization that modifies one or more scanners. Any modification to a scanning receiver to receive transmissions from the Cellular Radiotelephone Service frequency bands voids the certification of the scanning receiver, regardless of the date of manufacture of the original unit. In addition, the provisions of § 15.23 shall not be interpreted as permitting modification of a scanning receiver to receiver Cellular Radiotelephone Service transmissions. ( e ) Scanning receivers and frequency converters designed for use with scanning receivers shall not be assembled from kits or marketed in kit form unless they comply with the requirements in paragraph (a) through (c) of this section. ( f ) Scanning receivers shall have a label permanently affixed to the product, and this label shall be readily visible to the purchaser at the time of purchase. The label shall read as follows: WARNING: MODIFICATION OF THIS DEVICE TO RECEIVE CELLULAR RADIOTELEPHONE SERVICE SIGNALS IS PROHIBITED UNDER FCC RULES AND FEDERAL LAW. ( 1 ) “Permanently affixed” means that the label is etched, engraved, stamped, silkscreened, indelible printed or otherwise permanently marked on a permanently attached part of the equipment or on a nameplate of metal, plastic or other material fastened to the equipment by welding, riveting, or permanent adhesive. The label shall be designed to last the expected lifetime of the equipment in the environment in which the equipment may be operated and must not be readily detachable. The label shall not be a stick-on, paper label. ( 2 ) When the device is so small that it is not practicable to place the warning label on it, the information required by this paragraph shall be placed in a prominent location in the instruction manual or pamphlet supplied to the user and shall also be placed on the container in which the device is marketed. However, the FCC identifier must be displayed on the device. [ 64 FR 22561 , Apr. 27, 1999, as amended at 66 FR 32582 , June 15, 2001] § 15.122 [Reserved] § 15.123 Labeling of digital cable ready products. ( a ) The requirements of this section shall apply to unidirectional digital cable products. Unidirectional digital cable products are one-way devices that accept a Point of Deployment module (POD) and which include, but are not limited to televisions, set-top-boxes and recording devices connected to digital cable systems. Unidirectional digital cable products do not include interactive two-way digital television products. ( b ) A unidirectional digital cable product may not be labeled with or marketed using the term “digital cable ready,” or other terminology that describes the device as “cable ready” or “cable compatible,” or otherwise indicates that the device accepts a POD or conveys the impression that the device is compatible with digital cable service unless it implements at a minimum the following features: ( 1 ) Tunes NTSC analog channels transmitted in-the-clear. ( 2 ) Tunes digital channels that are transmitted in compliance with SCTE 40 2003 (formerly DVS 313): “Digital Cable Network Interface Standard” (incorporated by reference, see § 15.38 ), provided, however, that with respect to Table B.11 of that standard, the phase noise requirement shall be −86 dB/Hz including both in-the-clear channels and channels that are subject to conditional access. ( 3 ) Allows navigation of channels based on channel information (virtual channel map and source names) provided through the cable system in compliance with ANSI/SCTE 65 2002 (formerly DVS 234): “Service Information Delivered Out-of-Band for Digital Cable Television” (incorporated by reference, see § 15.38 ), and/or PSIP-enabled navigation (ANSI/SCTE 54 2003 (formerly DVS 241): “Digital Video Service Multiplex and Transport System Standard for Cable Television” (incorporated by reference, see § 15.38 )). ( 4 ) Includes the POD-Host Interface specified in SCTE 28 2003 (formerly DVS 295): “Host-POD Interface Standard” (incorporated by reference, see § 15.38 ), and SCTE 41 2003 (formerly DVS 301): “POD Copy Protection System” (incorporated by reference, see § 15.38 ), or implementation of a more advanced POD-Host Interface based on successor standards. Support for Internet protocol flows is not required. ( 5 ) Responds to emergency alerts that are transmitted in compliance with ANSI/SCTE 54 2003 (formerly DVS 241): “Digital Video Service Multiplex and Transport System Standard for Cable Television” (incorporated by reference, see § 15.38 ). ( 6 ) In addition to the requirements of paragraphs (b)(1) through (5) of this section, a unidirectional digital cable television may not be labeled or marketed as digital cable ready or with other terminology as described in paragraph (b) of this section, unless it includes a DTV broadcast tuner as set forth in § 15.117(i) and employs at least one interface specified in paragraphs (b)(6)(i) and (ii) of this section: ( i ) For 480p grade unidirectional digital cable televisions, either a DVI/HDCP, HDMI/HDCP, or 480p Y,Pb,Pr interface. ( ii ) For 720p/1080i grade unidirectional digital cable televisions, either a DVI/HDCP or HDMI/HDCP interface. ( c ) Before a manufacturer's or importer's first unidirectional digital cable product may be labeled or marketed as digital cable ready or with other terminology as described in paragraph (b) of this section, the manufacturer or importer shall verify the device as follows: ( 1 ) The manufacturer or importer shall have a sample of its first model of a unidirectional digital cable product tested to show compliance with the procedures set forth in Uni-Dir-PICS-I01-030903: Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma (incorporated by reference, see § 15.38 ) at a qualified test facility. If the model fails to comply, the manufacturer or importer shall have any modifications to the product to correct failures of the procedures in Uni-Dir-PICS-I01-030903: “Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma,” September 3, 2003 (incorporated by reference, see § 15.38 ) retested at a qualified test facility and the product must comply with Uni-Dir-PICS-I01-030903: “Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma,” September 3, 2003 (incorporated by reference, see § 15.38 ) in accordance with the test procedures set forth in Uni-Dir-ATP-I02-040225: “Uni-Directional Receiving Device, Acceptance Test Plan,” February 25, 2004 (incorporated by reference, see § 15.38 ) or with M-UDCP-PICS-I04-080225, “Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS,” February 25, 2008 (incorporated by reference, see § 15.38 ) in accordance with the test procedures set forth in TP-ATP-M-UDCP-I05-20080304, “Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP Device Acceptance Test Plan,” March 4, 2008 (incorporated by reference, see § 15.38 ) before the product or any related model may be labeled or marketed. If the manufacturer or importer's first unidirectional digital cable product is not a television, then that manufacturer or importer's first model of a unidirectional digital cable product which is a television shall be tested pursuant to this subsection as though it were the first unidirectional digital cable product. A qualified test facility may only require compliance with the procedures set forth in Uni-Dir-PICS-I01-030903: Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma, September 3, 2003 (incorporated by reference, see § 15.38 ). Compliance testing beyond those procedures shall be at the discretion of the manufacturer or importer. ( 2 ) A qualified test facility is a testing laboratory representing cable television system operators serving a majority of the cable television subscribers in the United States or an appropriately qualified independent laboratory with adequate equipment and competent personnel knowledgeable with respect to Uni-Dir-PICS-I01-030903: “Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma,” September 03, 2003 (incorporated by reference, see § 15.38 ); Uni-Dir-ATP-I02-040225: “Uni-Directional Receiving Device, Acceptance Test Plan,” February 25, 2004 (incorporated by reference, see § 15.38 ); M-UDCP-PICS-I04-080225, “Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS,” February 25, 2008 (incorporated by reference, see § 15.38 ); and TP-ATP-M-UDCP-I05-20080304, “Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP Device Acceptance Test Plan,” March 4, 2008 (incorporated by reference, see § 15.38 ). For any independent testing laboratory to be qualified hereunder such laboratory must ensure that all its decisions are impartial and have a documented structure which safeguards impartiality of the operations of the testing laboratory. In addition, any independent testing laboratory qualified hereunder must not supply or design products of the type it tests, nor provide any other products or services that could compromise confidentiality, objectivity or impartiality of the testing laboratory's testing process and decisions. ( 3 ) Subsequent to the testing of its initial unidirectional digital cable product model, a manufacturer or importer is not required to have other models of unidirectional digital cable products tested at a qualified test facility for compliance with the procedures of Uni-Dir-PICS-I01-030903: “Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma,” September 03, 2003 (incorporated by reference, see § 15.38 ) unless the first model tested was not a television, in which event the first television shall be tested as provided in paragraph (c)(1) of this section. The manufacturer or importer shall ensure that all subsequent models of unidirectional digital cable products comply with the procedures in the Uni-Dir-PICS-I01-030903: “Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma,” September 03, 2003 (incorporated by reference, see § 15.38 ) and all other applicable rules and standards. The manufacturer or importer shall maintain records indicating such compliance in accordance with Supplier's Declaration of Conformity requirements in part 2, subpart J of this chapter . The manufacturer or importer shall further submit documentation demonstrating compliance with the procedures in the Uni-Dir-PICS-I01-030903: “Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma,” September 03, 2003 (incorporated by reference, see § 15.38 ) to the qualified test facility. ( 4 ) Unidirectional digital cable product models must be tested for compliance with Uni-Dir-PICS-I01-030903: “Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma,” September 3, 2003 (incorporated by reference, see § 15.38 ) in accordance with Uni-Dir-ATP-I02-040225: “Uni-Directional Receiving Device Acceptance Test Plan,” February 25, 2004, (incorporated by reference, see § 15.38 ) or an equivalent test procedure that produces identical pass/fail test results. In the event of any dispute over the applicable results under an equivalent test procedure, the results under Uni-Dir-ATP-I02-040225: “Uni-Directional Receiving Device Acceptance Test Plan,” February 25, 2004 (incorporated by reference, see § 15.38 ) shall govern. ( 5 ) This paragraph applies to unidirectional digital cable product models which utilize Point-of-Deployment modules (PODs) in multi-stream mode (M-UDCPs). ( i ) The manufacturer or importer shall have a sample of its first model of a M-UDCP tested at a qualified test facility to show compliance with M-UDCP-PICS-I04-080225, “Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS,” February 25, 2008 (incorporated by reference, see § 15.38 ) as specified in the procedures set forth in TP-ATP-M-UDCP-I05-20080304, “Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP Device Acceptance Test Plan,” March 4, 2008 (both references incorporated by reference, see § 15.38 ). If the model fails to comply, the manufacturer or importer shall have retested, at a qualified test facility, a product that complies with Uni-Dir-PICS-I01-030903: “Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma,” September 03, 2003 (incorporated by reference, see § 15.38 ) in accordance with Uni-Dir-ATP-I02-040225: “Uni-Directional Receiving Device Acceptance Test Plan,” February 25, 2004, (incorporated by reference, see § 15.38 ) or an equivalent test procedure that produces identical pass/fail test results before any product or related model may be labeled or marketed. If the manufacturer or importer's first M-UDCP is not a television, then that manufacturer or importer's first model of a M-UDCP which is a television shall be tested pursuant to this subsection as though it were the first M-UDCP. ( ii ) A qualified test facility is a testing laboratory representing cable television system operators serving a majority of the cable television subscribers in the United States or an appropriately qualified independent laboratory with adequate equipment and competent personnel knowledgeable with Uni-Dir-PICS-I01-030903: “Uni-Directional Receiving Device: Conformance Checklist: PICS Proforma,” September 03, 2003 (incorporated by reference, see § 15.38 ); Uni-Dir-ATP-I02-040225: “Uni-Directional Receiving Device, Acceptance Test Plan,” February 25, 2004 (incorporated by reference, see § 15.38 ); M-UDCP-PICS-I04-080225, “Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS,” February 25, 2008 (incorporated by reference, see § 15.38 ); and TP-ATP-M-UDCP-I05-20080304, “Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP Device Acceptance Test Plan,” March 4, 2008 (incorporated by reference, see § 15.38 ). For any independent testing laboratory to be qualified hereunder such laboratory must ensure that all its decisions are impartial and have a documented structure which safeguards impartiality of the operations of the testing laboratory. In addition, any independent testing laboratory qualified hereunder must not supply or design products of the type it tests, nor provide any other products or services that could compromise confidentiality, objectivity or impartiality of the testing laboratory's testing process and decisions. ( iii ) Subsequent to the successful testing of its initial M-UDCP, a manufacturer or importer is not required to have other M-UDCP models tested at a qualified test facility for compliance with M-UDCP-PICS-I04-080225, “Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS,” February 25, 2008 (incorporated by reference, see § 15.38 ) unless the first model tested was not a television, in which event the first television shall be tested as provided in paragraph (c)(5)(i) of this section. The manufacturer or importer shall ensure that all subsequent models of M-UDCPs comply with M-UDCP-PICS-I04-080225, “Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS,” February 25, 2008 (incorporated by reference, see § 15.38 ) and all other applicable rules and standards. The manufacturer or importer shall maintain records indicating such compliance in accordance with Supplier's Declaration of Conformity requirements in part 2, subpart J of this chapter . For each M-UDCP model, the manufacturer or importer shall further submit documentation demonstrating compliance with M-UDCP-PICS-I04-080225, “Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS,” February 25, 2008 (incorporated by reference, see § 15.38 ) to the qualified test facility. ( iv ) M-UDCPs must be in compliance with M-UDCP-PICS-I04-080225, “Uni-Directional Cable Product Supporting M-Card: Multiple Profiles; Conformance Checklist: PICS,” February 25, 2008 (incorporated by reference, see § 15.38 ) in accordance with the procedures set forth in TP-ATP-M-UDCP-I05-20080304, “Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP Device Acceptance Test Plan,” March 4, 2008 (incorporated by reference, see § 15.38 ) or an equivalent test procedure that produces identical pass/fail test results. In the event of any dispute over the applicable results under an equivalent test procedure, the results under TP-ATP-M-UDCP-I05-20080304, “Uni-Directional Digital Cable Products Supporting M-Card; M-UDCP Device Acceptance Test Plan,” March 4, 2008 (incorporated by reference, see § 15.38 ) shall govern. ( d ) Manufacturers and importers shall provide in appropriate post-sale material that describes the features and functionality of the product, such as the owner's guide, the following language: “This digital television is capable of receiving analog basic, digital basic and digital premium cable television programming by direct connection to a cable system providing such programming. A security card provided by your cable operator is required to view encrypted digital programming. Certain advanced and interactive digital cable services such as video-on-demand, a cable operator's enhanced program guide and data-enhanced television services may require the use of a set-top box. For more information call your local cable operator.” [ 68 FR 66733 , Nov. 28, 2003, as amended at 76 FR 40277 , July 8, 2011; 77 FR 4914 , Feb. 1, 2012; 82 FR 50833 , Nov. 2, 2017] Subpart C—Intentional Radiators § 15.201 Equipment authorization requirement. ( a ) Intentional radiators operated as carrier current systems, devices operated under the provisions of §§ 15.211 , 15.213 , and 15.221 , and devices operating below 490 kHz in which all emissions are at least 40 dB below the limits in § 15.209 are subject to Suppliers Declaration of Conformity pursuant to the procedures in subpart J of part 2 of this chapter prior to marketing. ( b ) Except as otherwise exempted in paragraph (c) of this section and in § 15.23 , all intentional radiators operating under the provisions of this part shall be certified by the Telecommunication Certification Bodies pursuant to the procedures in subpart J of part 2 of this chapter prior to marketing. ( c ) For devices such as perimeter protection systems which, in accordance with § 15.31(d) , are required to be measured at the installation site, each application for certification must be accompanied by a statement indicating that the system has been tested at three installations and found to comply at each installation. Until such time as certification is granted, a given installation of a system that was measured for the submission for certification will be considered to be in compliance with the provisions of this chapter, including the marketing regulations in subpart I of part 2 of this chapter , if tests at that installation show the system to be in compliance with the relevant technical requirements. Similarly, where measurements must be performed on site for equipment subject to Supplier's Declaration of Conformity, a given installation that has been found compliant with the applicable standards will be considered to be in compliance with the provisions of this chapter, including the marketing regulations in subpart I of part 2 of this chapter . ( d ) For perimeter protection systems operating in the frequency bands allocated to television broadcast stations operating under part 73 of this chapter , the holder of the grant of certification must test each installation prior to initiation of normal operation to verify compliance with the technical standards and must maintain a list of all installations and records of measurements. For perimeter protection systems operating outside of the frequency bands allocated to television broadcast stations, upon receipt of a grant of certification, further testing of the same or similar type of system or installation is not required. [ 54 FR 17714 , Apr. 25, 1989, as amended at 68 FR 68546 , Dec. 9, 2003; 82 FR 50834 , Nov. 2, 2017] § 15.202 Certified operating frequency range. Client devices that operate in a master/client network may be certified if they have the capability of operating outside permissible part 15 frequency bands, provided they operate on only permissible part 15 frequencies under the control of the master device with which they communicate. Master devices marketed within the United States must be limited to operation on permissible part 15 frequencies. Client devices that can also act as master devices must meet the requirements of a master device. For the purposes of this section, a master device is defined as a device operating in a mode in which it has the capability to transmit without receiving an enabling signal. In this mode it is able to select a channel and initiate a network by sending enabling signals to other devices. A network always has at least one device operating in master mode. A client device is defined as a device operating in a mode in which the transmissions of the device are under control of the master. A device in client mode is not able to initiate a network. [ 70 FR 23040 , May 4, 2005] § 15.203 Antenna requirement. An intentional radiator shall be designed to ensure that no antenna other than that furnished by the responsible party shall be used with the device. The use of a permanently attached antenna or of an antenna that uses a unique coupling to the intentional radiator shall be considered sufficient to comply with the provisions of this section. The manufacturer may design the unit so that a broken antenna can be replaced by the user, but the use of a standard antenna jack or electrical connector is prohibited. This requirement does not apply to carrier current devices or to devices operated under the provisions of §§ 15.211 , 15.213 , 15.217 , 15.219 , 15.221 , or § 15.236 . Further, this requirement does not apply to intentional radiators that must be professionally installed, such as perimeter protection systems and some field disturbance sensors, or to other intentional radiators which, in accordance with § 15.31(d) , must be measured at the installation site. However, the installer shall be responsible for ensuring that the proper antenna is employed so that the limits in this part are not exceeded. [ 82 FR 41559 , Sept. 1, 2017] § 15.204 External radio frequency power amplifiers and antenna modifications. ( a ) Except as otherwise described in paragraphs (b) and (d) of this section, no person shall use, manufacture, sell or lease, offer for sale or lease (including advertising for sale or lease), or import, ship, or distribute for the purpose of selling or leasing, any external radio frequency power amplifier or amplifier kit intended for use with a part 15 intentional radiator. ( b ) A transmission system consisting of an intentional radiator, an external radio frequency power amplifier, and an antenna, may be authorized, marketed and used under this part. Except as described otherwise in this section, when a transmission system is authorized as a system, it must always be marketed as a complete system and must always be used in the configuration in which it was authorized. ( c ) An intentional radiator may be operated only with the antenna with which it is authorized. If an antenna is marketed with the intentional radiator, it shall be of a type which is authorized with the intentional radiator. An intentional radiator may be authorized with multiple antenna types. Exceptions to the following provisions, if any, are noted in the rule section under which the transmitter operates, e.g., § 15.255(b)(1)(ii) of this part . ( 1 ) The antenna type, as used in this paragraph, refers to antennas that have similar in-band and out-of-band radiation patterns. ( 2 ) Compliance testing shall be performed using the highest gain antenna for each type of antenna to be certified with the intentional radiator. During this testing, the intentional radiator shall be operated at its maximum available output power level. ( 3 ) Manufacturers shall supply a list of acceptable antenna types with the application for equipment authorization of the intentional radiator. ( 4 ) Any antenna that is of the same type and of equal or less directional gain as an antenna that is authorized with the intentional radiator may be marketed with, and used with, that intentional radiator. No retesting of this system configuration is required. The marketing or use of a system configuration that employs an antenna of a different type, or that operates at a higher gain, than the antenna authorized with the intentional radiator is not permitted unless the procedures specified in § 2.1043 of this chapter are followed. ( d ) Except as described in this paragraph, an external radio frequency power amplifier or amplifier kit shall be marketed only with the system configuration with which it was approved and not as a separate product. ( 1 ) An external radio frequency power amplifier may be marketed for individual sale provided it is intended for use in conjunction with a transmitter that operates in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands pursuant to § 15.247 of this part or a transmitter that operates in the 5.725-5.825 GHz band pursuant to § 15.407 of this part . The amplifier must be of a design such that it can only be connected as part of a system in which it has been previously authorized. (The use of a non-standard connector or a form of electronic system identification is acceptable.) The output power of such an amplifier must not exceed the maximum permitted output power of its associated transmitter. ( 2 ) The outside packaging and user manual for external radio frequency power amplifiers sold in accordance with paragraph (d)(1) of this section must include notification that the amplifier can be used only in a system which it has obtained authorization. Such a notice must identify the authorized system by FCC Identifier. [ 69 FR 54034 , Sept. 7, 2004, as amended at 78 FR 59850 , Sept. 30, 2013] § 15.205 Restricted bands of operation. ( a ) Except as shown in paragraph (d) of this section, only spurious emissions are permitted in any of the frequency bands listed below: MHz MHz MHz GHz 0.090-0.110 16.42-16.423 399.9-410 4.5-5.15 1 0.495-0.505 16.69475-16.69525 608-614 5.35-5.46 2.1735-2.1905 16.80425-16.80475 960-1240 7.25-7.75 4.125-4.128 25.5-25.67 1300-1427 8.025-8.5 4.17725-4.17775 37.5-38.25 1435-1626.5 9.0-9.2 4.20725-4.20775 73-74.6 1645.5-1646.5 9.3-9.5 6.215-6.218 74.8-75.2 1660-1710 10.6-12.7 6.26775-6.26825 108-121.94 1718.8-1722.2 13.25-13.4 6.31175-6.31225 123-138 2200-2300 14.47-14.5 8.291-8.294 149.9-150.05 2310-2390 15.35-16.2 8.362-8.366 156.52475-156.52525 2483.5-2500 17.7-21.4 8.37625-8.38675 156.7-156.9 2690-2900 22.01-23.12 8.41425-8.41475 162.0125-167.17 3260-3267 23.6-24.0 12.29-12.293 167.72-173.2 3332-3339 31.2-31.8 12.51975-12.52025 240-285 3345.8-3358 36.43-36.5 12.57675-12.57725 322-335.4 3600-4400 ( 2 ) 13.36-13.41 1 Until February 1, 1999, this restricted band shall be 0.490-0.510 MHz. 2 Above 38.6 ( b ) Except as provided in paragraphs (d) and (e) of this section, the field strength of emissions appearing within these frequency bands shall not exceed the limits shown in § 15.209 . At frequencies equal to or less than 1000 MHz, compliance with the limits in § 15.209 shall be demonstrated using measurement instrumentation employing a CISPR quasi-peak detector. Above 1000 MHz, compliance with the emission limits in § 15.209 shall be demonstrated based on the average value of the measured emissions. The provisions in § 15.35 apply to these measurements. ( c ) Except as provided in paragraphs (d) and (e) of this section, regardless of the field strength limits specified elsewhere in this subpart, the provisions of this section apply to emissions from any intentional radiator. ( d ) The following devices are exempt from the requirements of this section: ( 1 ) Swept frequency field disturbance sensors operating between 1.705 and 37 MHz provided their emissions only sweep through the bands listed in paragraph (a) of this section, the sweep is never stopped with the fundamental emission within the bands listed in paragraph (a) of this section, and the fundamental emission is outside of the bands listed in paragraph (a) of this section more than 99% of the time the device is actively transmitting, without compensation for duty cycle. ( 2 ) Transmitters used to detect buried electronic markers at 101.4 kHz which are employed by telephone companies. ( 3 ) Cable locating equipment operated pursuant to § 15.213 . ( 4 ) Any equipment operated under the provisions of §§ 15.255 and 15.256 in the frequency band 75-85 GHz, § 15.257 in the 92-95 GHz band or § 15.258 . ( 5 ) Biomedical telemetry devices operating under the provisions of § 15.242 of this part are not subject to the restricted band 608-614 MHz but are subject to compliance within the other restricted bands. ( 6 ) Transmitters operating under the provisions of subparts D or F of this part . ( 7 ) Devices operated pursuant to § 15.225 are exempt from complying with this section for the 13.36-13.41 MHz band only. ( 8 ) Devices operated in the 24.075-24.175 GHz band under § 15.245 are exempt from complying with the requirements of this section for the 48.15-48.35 GHz and 72.225-72.525 GHz bands only, and shall not exceed the limits specified in § 15.245(b) . ( 9 ) Devices operated in the 24.0-24.25 GHz band under § 15.249 are exempt from complying with the requirements of this section for the 48.0-48.5 GHz and 72.0-72.75 GHz bands only, and shall not exceed the limits specified in § 15.249(a) . ( 10 ) White space devices operating under subpart H of this part are exempt from complying with the requirements of this section for the 608-614 MHz band. ( e ) Harmonic emissions appearing in the restricted bands above 17.7 GHz from field disturbance sensors operating under the provisions of § 15.245 shall not exceed the limits specified in § 15.245(b) . [ 54 FR 17714 , Apr. 25, 1989, as amended at 55 FR 46791 , Nov. 7, 1990; 56 FR 6288 , Feb. 15, 1991; 57 FR 13048 , Apr. 15, 1992; 58 FR 33774 , June 21, 1993; 60 FR 28068 , May 30, 1995; 61 FR 14503 , Apr. 2, 1996; 62 FR 4655 , Jan. 31, 1997; 62 FR 58658 , Oct. 30, 1997; 67 FR 34855 , May 16, 2002; 68 FR 68546 , Dec. 9, 2003; 69 FR 3265 , Jan. 23, 2004; 69 FR 72031 , Dec. 10, 2004; 79 FR 12678 , Mar. 6, 2014; 80 FR 73069 , Nov. 23, 2015; 84 FR 25691 , June 4, 2019] § 15.207 Conducted limits. ( a ) Except as shown in paragraphs (b) and (c) of this section, for an intentional radiator that is designed to be connected to the public utility (AC) power line, the radio frequency voltage that is conducted back onto the AC power line on any frequency or frequencies, within the band 150 kHz to 30 MHz, shall not exceed the limits in the following table, as measured using a 50 μH/50 ohms line impedance stabilization network (LISN). Compliance with the provisions of this paragraph shall be based on the measurement of the radio frequency voltage between each power line and ground at the power terminal. The lower limit applies at the boundary between the frequency ranges. Frequency of emission (MHz) Conducted limit (dBμV) Quasi-peak Average 0.15-0.5 66 to 56* 56 to 46* 0.5-5 56 46 5-30 60 50 *Decreases with the logarithm of the frequency. ( b ) The limit shown in paragraph (a) of this section shall not apply to carrier current systems operating as intentional radiators on frequencies below 30 MHz. In lieu thereof, these carrier current systems shall be subject to the following standards: ( 1 ) For carrier current system containing their fundamental emission within the frequency band 535-1705 kHz and intended to be received using a standard AM broadcast receiver: no limit on conducted emissions. ( 2 ) For all other carrier current systems: 1000 μV within the frequency band 535-1705 kHz, as measured using a 50 μH/50 ohms LISN. ( 3 ) Carrier current systems operating below 30 MHz are also subject to the radiated emission limits in § 15.205 , § 15.209 , § 15.221 , § 15.223 , or § 15.227 , as appropriate. ( c ) Measurements to demonstrate compliance with the conducted limits are not required for devices which only employ battery power for operation and which do not operate from the AC power lines or contain provisions for operation while connected to the AC power lines. Devices that include, or make provisions for, the use of battery chargers which permit operating while charging, AC adapters or battery eliminators or that connect to the AC power lines indirectly, obtainig their power through another device which is connected to the AC power lines, shall be tested to demonstrate compliance with the conducted limits. [ 54 FR 17714 , Apr. 25, 1989, as amended at 56 FR 373 , Jan. 4, 1991; 57 FR 33448 , July 29, 1992; 58 FR 51249 , Oct. 1, 1993; 67 FR 45671 , July 10, 2002] § 15.209 Radiated emission limits; general requirements. ( a ) Except as provided elsewhere in this subpart, the emissions from an intentional radiator shall not exceed the field strength levels specified in the following table: Frequency (MHz) Field strength (microvolts/meter) Measurement distance (meters) 0.009-0.490 2400/F(kHz) 300 0.490-1.705 24000/F(kHz) 30 1.705-30.0 30 30 30-88 100 ** 3 88-216 150 ** 3 216-960 200 ** 3 Above 960 500 3 ** Except as provided in paragraph (g), fundamental emissions from intentional radiators operating under this section shall not be located in the frequency bands 54-72 MHz, 76-88 MHz, 174-216 MHz or 470-806 MHz. However, operation within these frequency bands is permitted under other sections of this part, e.g., §§ 15.231 and 15.241 . ( b ) In the emission table above, the tighter limit applies at the band edges. ( c ) The level of any unwanted emissions from an intentional radiator operating under these general provisions shall not exceed the level of the fundamental emission. For intentional radiators which operate under the provisions of other sections within this part and which are required to reduce their unwanted emissions to the limits specified in this table, the limits in this table are based on the frequency of the unwanted emission and not the fundamental frequency. However, the level of any unwanted emissions shall not exceed the level of the fundamental frequency. ( d ) The emission limits shown in the above table are based on measurements employing a CISPR quasi-peak detector except for the frequency bands 9-90 kHz, 110-490 kHz and above 1000 MHz. Radiated emission limits in these three bands are based on measurements employing an average detector. ( e ) The provisions in §§ 15.31 , 15.33 , and 15.35 for measuring emissions at distances other than the distances specified in the above table, determining the frequency range over which radiated emissions are to be measured, and limiting peak emissions apply to all devices operated under this part. ( f ) In accordance with § 15.33(a) , in some cases the emissions from an intentional radiator must be measured to beyond the tenth harmonic of the highest fundamental frequency designed to be emitted by the intentional radiator because of the incorporation of a digital device. If measurements above the tenth harmonic are so required, the radiated emissions above the tenth harmonic shall comply with the general radiated emission limits applicable to the incorporated digital device, as shown in § 15.109 and as based on the frequency of the emission being measured, or, except for emissions contained in the restricted frequency bands shown in § 15.205 , the limit on spurious emissions specified for the intentional radiator, whichever is the higher limit. Emissions which must be measured above the tenth harmonic of the highest fundamental frequency designed to be emitted by the intentional radiator and which fall within the restricted bands shall comply with the general radiated emission limits in § 15.109 that are applicable to the incorporated digital device. ( g ) Perimeter protection systems may operate in the 54-72 MHz and 76-88 MHz bands under the provisions of this section. The use of such perimeter protection systems is limited to industrial, business and commercial applications. [ 54 FR 17714 , Apr. 25, 1989; 54 FR 32339 , Aug. 7, 1989; 55 FR 18340 , May 2, 1990; 62 FR 58658 , Oct. 30, 1997] § 15.211 Tunnel radio systems. An intentional radiator utilized as part of a tunnel radio system may operate on any frequency provided it meets all of the following conditions: ( a ) Operation of a tunnel radio system (intentional radiator and all connecting wires) shall be contained solely within a tunnel, mine or other structure that provides attenuation to the radiated signal due to the presence of naturally surrounding earth and/or water. ( b ) Any intentional or unintentional radiator external to the tunnel, mine or other structure, as described in paragraph (a) of this section, shall be subject to the other applicable regulations contained within this part. ( c ) The total electromagnetic field from a tunnel radio system on any frequency or frequencies appearing outside of the tunnel, mine or other structure described in paragraph (a) of this section, shall not exceed the limits shown in § 15.209 when measured at the specified distance from the surrounding structure, including openings. Particular attention shall be paid to the emissions from any opening in the structure to the outside environment. When measurements are made from the openings, the distances shown in § 15.209 refer to the distance from the plane of reference which fits the entire perimeter of each above ground opening. ( d ) The conducted limits in § 15.207 apply to the radiofrequency voltage on the public utility power lines outside of the tunnel. § 15.212 Modular transmitters. ( a ) Single modular transmitters consist of a completely self-contained radiofrequency transmitter device that is typically incorporated into another product, host or device. Split modular transmitters consist of two components: a radio front end with antenna (or radio devices) and a transmitter control element (or specific hardware on which the software that controls the radio operation resides). All single or split modular transmitters are approved with an antenna. All of the following requirements apply, except as provided in paragraph (b) of this section. ( 1 ) Single modular transmitters must meet the following requirements to obtain a modular transmitter approval. ( i ) The radio elements of the modular transmitter must have their own shielding. The physical crystal and tuning capacitors may be located external to the shielded radio elements. ( ii ) The modular transmitter must have buffered modulation/data inputs (if such inputs are provided) to ensure that the module will comply with part 15 requirements under conditions of excessive data rates or over-modulation. ( iii ) The modular transmitter must have its own power supply regulation. ( iv ) The modular transmitter must comply with the antenna and transmission system requirements of §§ 15.203 , 15.204(b) and 15.204(c) . The antenna must either be permanently attached or employ a “unique” antenna coupler (at all connections between the module and the antenna, including the cable). The “professional installation” provision of § 15.203 is not applicable to modules but can apply to limited modular approvals under paragraph (b) of this section. ( v ) The modular transmitter must be tested in a stand-alone configuration, i.e. , the module must not be inside another device during testing for compliance with part 15 requirements. Unless the transmitter module will be battery powered, it must comply with the AC line conducted requirements found in § 15.207 . AC or DC power lines and data input/output lines connected to the module must not contain ferrites, unless they will be marketed with the module (see § 15.27(a) ). The length of these lines shall be the length typical of actual use or, if that length is unknown, at least 10 centimeters to insure that there is no coupling between the case of the module and supporting equipment. Any accessories, peripherals, or support equipment connected to the module during testing shall be unmodified and commercially available (see § 15.31(i) ). ( vi ) The modular transmitter must be equipped with either a permanently affixed label or must be capable of electronically displaying its FCC identification number. ( A ) If using a permanently affixed label, the modular transmitter must be labeled with its own FCC identification number, and, if the FCC identification number is not visible when the module is installed inside another device, then the outside of the device into which the module is installed must also display a label referring to the enclosed module. This exterior label can use wording such as the following: “Contains Transmitter Module FCC ID: XYZMODEL1” or “Contains FCC ID: XYZMODEL1.” Any similar wording that expresses the same meaning may be used. The Grantee may either provide such a label, an example of which must be included in the application for equipment authorization, or, must provide adequate instructions along with the module which explain this requirement. In the latter case, a copy of these instructions must be included in the application for equipment authorization. ( B ) If the modular transmitter uses an electronic display of the FCC identification number, the information must be readily accessible and visible on the modular transmitter or on the device in which it is installed. If the module is installed inside another device, then the outside of the device into which the module is installed must display a label referring to the enclosed module. This exterior label can use wording such as the following: “Contains FCC certified transmitter module(s).” Any similar wording that expresses the same meaning may be used. The user manual must include instructions on how to access the electronic display. A copy of these instructions must be included in the application for equipment authorization. ( vii ) The modular transmitter must comply with any specific rules or operating requirements that ordinarily apply to a complete transmitter and the manufacturer must provide adequate instructions along with the module to explain any such requirements. A copy of these instructions must be included in the application for equipment authorization. ( viii ) Radio frequency devices operating under the provisions of this part are subject to the radio frequency radiation exposure requirements specified in §§ 1.1307(b) , 1.1310 , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of modular transmitters under this section must contain a statement confirming compliance with these requirements. The modular transmitter must comply with any applicable RF exposure requirements in its final configuration. Technical information showing the basis for this statement must be submitted to the Commission upon request. ( 2 ) Split modular transmitters must meet the requirements in paragraph (a)(1) of this section, excluding paragraphs (a)(1)(i) and (a)(1)(v), and the following additional requirements to obtain a modular transmitter approval. ( i ) Only the radio front end must be shielded. The physical crystal and tuning capacitors may be located external to the shielded radio elements. The interface between the split sections of the modular system must be digital with a minimum signaling amplitude of 150 mV peak-to-peak. ( ii ) Control information and other data may be exchanged between the transmitter control elements and radio front end. ( iii ) The sections of a split modular transmitter must be tested installed in a host device(s) similar to that which is representative of the platform(s) intended for use. ( iv ) Manufacturers must ensure that only transmitter control elements and radio front end components that have been approved together are capable of operating together. The transmitter module must not operate unless it has verified that the installed transmitter control elements and radio front end have been authorized together. Manufacturers may use means including, but not limited to, coding in hardware and electronic signatures in software to meet these requirements, and must describe the methods in their application for equipment authorization. ( b ) A limited modular approval may be granted for single or split modular transmitters that do not comply with all of the above requirements, e.g., shielding, minimum signaling amplitude, buffered modulation/data inputs, or power supply regulation, if the manufacturer can demonstrate by alternative means in the application for equipment authorization that the modular transmitter meets all the applicable part 15 requirements under the operating conditions in which the transmitter will be used. Limited modular approval also may be granted in those instances where compliance with RF exposure rules is demonstrated only for particular product configurations. The applicant for certification must state how control of the end product into which the module will be installed will be maintained such that full compliance of the end product is always ensured. [ 72 FR 28893 , May 23, 2007, as amended at 85 FR 18149 , Apr. 1, 2020] § 15.213 Cable locating equipment. An intentional radiator used as cable locating equipment, as defined in § 15.3(d) , may be operated on any frequency within the band 9-490 kHz, subject to the following limits: Within the frequency band 9 kHz, up to, but not including, 45 kHz, the peak output power from the cable locating equipment shall not exceed 10 watts; and, within the frequency band 45 kHz to 490 kHz, the peak output power from the cable locating equipment shall not exceed one watt. If provisions are made for connection of the cable locating equipment to the AC power lines, the conducted limits in § 15.207 also apply to this equipment. § 15.214 Cordless telephones. ( a ) For equipment authorization, a single application form, FCC Form 731, may be filed for a cordless telephone system, provided the application clearly identifies and provides data for all parts of the system to show compliance with the applicable technical requirements. When a single application form is submitted, both the base station and the portable handset must carry the same FCC identifier. The application shall include a fee for certification of each type of transmitter and for certification, if appropriate, for each type of receiver included in the system. ( b ) A cordless telephone that is intended to be connected to the public switched telephone network shall also comply with the applicable regulations in part 68 of this chapter . A separate procedure for approval under part 68 is required for such terminal equipment. ( c ) The label required under subpart A of this part shall also contain the following statement: “Privacy of communications may not be ensured when using this phone.” ( d ) Cordless telephones shall incorporate circuitry which makes use of a digital security code to provide protection against unintentional access to the public switched telephone network by the base unit and unintentional ringing by the handset. These functions shall operate such that each access of the telephone network or ringing of the handset is preceded by the transmission of a code word. Access to the telephone network shall occur only if the code transmitted by the handset matches code set in the base unit. Similarly, ringing of the handset shall occur only if the code transmitted by the base unit matches the code set in the handset. The security code required by this section may also be employed to perform other communications functions, such as providing telephone billing information. This security code system is to operate in accordance with the following provisions. ( 1 ) There must be provision for at least 256 possible discrete digital codes. Factory-set codes must be continuously varied over at least 256 possible codes as each telephone is manufactured. The codes may be varied either randomly, sequentially, or using another systematic procedure. ( 2 ) Manufacturers must use one of the following approaches for facilitating variation in the geographic distribution of individual security codes: ( i ) Provide a means for the user to readily select from among at least 256 possible discrete digital codes. The cordless telephone shall be either in a non-operable mode after manufacture until the user selects a security code or the manufacturer must continuously vary the initial security code as each telephone is produced. ( ii ) Provide a fixed code that is continuously varied among at least 256 discrete digital codes as each telephone is manufactured. ( iii ) Provide a means for the cordless telephone to automatically select a different code from among at least 256 possible discrete digital codes each time it is activated. ( iv ) It is permissible to provide combinations of fixed, automatic, and user-selectable coding provided the above criteria are met. ( 3 ) A statement of the means and procedures used to achieve the required protection shall be provided in any application for equipment authorization of a cordless telephone. [ 56 FR 3785 , Jan. 31, 1991, as amended at 63 FR 36603 , July 7, 1998; 66 FR 7580 , Jan. 24, 2001] Radiated Emission Limits, Additional Provisions § 15.215 Additional provisions to the general radiated emission limitations. ( a ) The regulations in §§ 15.217 through 15.257 provide alternatives to the general radiated emission limits for intentional radiators operating in specified frequency bands. Unless otherwise stated, there are no restrictions as to the types of operation permitted under these sections. ( b ) In most cases, unwanted emissions outside of the frequency bands shown in these alternative provisions must be attenuated to the emission limits shown in § 15.209 . In no case shall the level of the unwanted emissions from an intentional radiator operating under these additional provisions exceed the field strength of the fundamental emission. ( c ) Intentional radiators operating under the alternative provisions to the general emission limits, as contained in §§ 15.217 through 15.257 and in subpart E of this part , must be designed to ensure that the 20 dB bandwidth of the emission, or whatever bandwidth may otherwise be specified in the specific rule section under which the equipment operates, is contained within the frequency band designated in the rule section under which the equipment is operated. In the case of intentional radiators operating under the provisions of subpart E, the emission bandwidth may span across multiple contiguous frequency bands identified in that subpart. The requirement to contain the designated bandwidth of the emission within the specified frequency band includes the effects from frequency sweeping, frequency hopping and other modulation techniques that may be employed as well as the frequency stability of the transmitter over expected variations in temperature and supply voltage. If a frequency stability is not specified in the regulations, it is recommended that the fundamental emission be kept within at least the central 80% of the permitted band in order to minimize the possibility of out-of-band operation. [ 54 FR 17714 , Apr. 25, 1989, as amended at 62 FR 45333 , Aug. 27, 1997; 67 FR 34855 , May 16, 2002; 69 FR 3265 , Jan. 23, 2004; 70 FR 6774 , Feb. 9, 2005; 79 FR 24578 , May 1, 2014] § 15.216 [Reserved] § 15.217 Operation in the band 160-190 kHz. ( a ) The total input power to the final radio frequency stage (exclusive of filament or heater power) shall not exceed one watt. ( b ) The total length of the transmission line, antenna, and ground lead (if used) shall not exceed 15 meters. ( c ) All emissions below 160 kHz or above 190 kHz shall be attenuated at least 20 dB below the level of the unmodulated carrier. Determination of compliance with the 20 dB attenuation specification may be based on measurements at the intentional radiator's antenna output terminal unless the intentional radiator uses a permanently attached antenna, in which case compliance shall be demonstrated by measuring the radiated emissions. § 15.219 Operation in the band 510-1705 kHz. ( a ) The total input power to the final radio frequency stage (exclusive of filament or heater power) shall not exceed 100 milliwatts. ( b ) The total length of the transmission line, antenna and ground lead (if used) shall not exceed 3 meters. ( c ) All emissions below 510 kHz or above 1705 kHz shall be attenuated at least 20 dB below the level of the unmodulated carrier. Determination of compliance with the 20 dB attenuation specification may be based on measurements at the intentional radiator's antenna output terminal unless the intentional radiator uses a permanently attached antenna, in which case compliance shall be deomonstrated by measuring the radiated emissions. § 15.221 Operation in the band 525-1705 kHz. ( a ) Carrier current systems and transmitters employing a leaky coaxial cable as the radiating antenna may operate in the band 525-1705 kHz provided the field strength levels of the radiated emissions do not exceed 15 uV/m, as measured at a distance of 47,715/(frequency in kHz) meters (equivalent to Lambda/2Pi) from the electric power line or the coaxial cable, respectively. The field strength levels of emissions outside this band shall not exceed the general radiated emission limits in § 15.209 . ( b ) As an alternative to the provisions in paragraph (a) of this section, intentional radiators used for the operation of an AM broadcast station on a college or university campus or on the campus of any other education institution may comply with the following: ( 1 ) On the campus, the field strength of emissions appearing outside of this frequency band shall not exceed the general radiated emission limits shown in § 15.209 as measured from the radiating source. There is no limit on the field strength of emissions appearing within this frequency band, except that the provisions of § 15.5 continue to comply. ( 2 ) At the perimeter of the campus, the field strength of any emissions, including those within the frequency band 525-1705 kHz, shall not exceed the general radiated emission in § 15.209 . ( 3 ) The conducted limits specified in § 15.207 apply to the radio frequency voltage on the public utility power lines outside of the campus. Due to the large number of radio frequency devices which may be used on the campus, contributing to the conducted emissions, as an alternative to measuring conducted emissions outside of the campus, it is acceptable to demonstrate compliance with this provision by measuring each individual intentional radiator employed in the system at the point where it connects to the AC power lines. ( c ) A grant of equipment authorization is not required for intentional radiators operated under the provisions of this section. In lieu thereof, the intentional radiator shall be verified for compliance with the regulations in accordance with subpart J of part 2 of this chapter . This data shall be kept on file at the location of the studio, office or control room associated with the transmitting equipment. In some cases, this may correspond to the location of the transmitting equipment. ( d ) For the band 535-1705 kHz, the frequency of operation shall be chosen such that operation is not within the protected field strength contours of licensed AM stations. [ 56 FR 373 , Jan. 4, 1991] § 15.223 Operation in the band 1.705-10 MHz. ( a ) The field strength of any emission within the band 1.705-10.0 MHz shall not exceed 100 microvolts/meter at a distance of 30 meters. However, if the bandwidth of the emission is less than 10% of the center frequency, the field strength shall not exceed 15 microvolts/meter or (the bandwidth of the device in kHz) divided by (the center frequency of the device in MHz) microvolts/meter at a distance of 30 meters, whichever is the higher level. For the purposes of this section, bandwidth is determined at the points 6 dB down from the modulated carrier. The emission limits in this paragraph are based on measurement instrumentation employing an average detector. The provisions in § 15.35(b) for limiting peak emissions apply. ( b ) The field strength of emissions outside of the band 1.705-10.0 MHz shall not exceed the general radiated emission limits in § 15.209 . § 15.225 Operation within the band 13.110-14.010 MHz. ( a ) The field strength of any emissions within the band 13.553-13.567 MHz shall not exceed 15,848 microvolts/meter at 30 meters. ( b ) Within the bands 13.410-13.553 MHz and 13.567-13.710 MHz, the field strength of any emissions shall not exceed 334 microvolts/meter at 30 meters. ( c ) Within the bands 13.110-13.410 MHz and 13.710-14.010 MHz the field strength of any emissions shall not exceed 106 microvolts/meter at 30 meters. ( d ) The field strength of any emissions appearing outside of the 13.110-14.010 MHz band shall not exceed the general radiated emission limits in § 15.209 . ( e ) The frequency tolerance of the carrier signal shall be maintained within ±0.01% of the operating frequency over a temperature variation of −20 degrees to + 50 degrees C at normal supply voltage, and for a variation in the primary supply voltage from 85% to 115% of the rated supply voltage at a temperature of 20 degrees C. For battery operated equipment, the equipment tests shall be performed using a new battery. ( f ) In the case of radio frequency powered tags designed to operate with a device authorized under this section, the tag may be approved with the device or be considered as a separate device subject to its own authorization. Powered tags approved with a device under a single application shall be labeled with the same identification number as the device. [ 68 FR 68546 , Dec. 9, 2003] § 15.227 Operation within the band 26.96-27.28 MHz. ( a ) The field strength of any emission within this band shall not exceed 10,000 microvolts/meter at 3 meters. The emission limit in this paragraph is based on measurement instrumentation employing an average detector. The provisions in § 15.35 for limiting peak emissions apply. ( b ) The field strength of any emissions which appear outside of this band shall not exceed the general radiated emission limits in § 15.209 . § 15.229 Operation within the band 40.66-40.70 MHz. ( a ) Unless operating pursuant to the provisions in § 15.231 , the field strength of any emissions within this band shall not exceed 1,000 microvolts/meter at 3 meters. ( b ) As an alternative to the limit in paragraph (a) of this section, perimeter protection systems may demonstrate compliance with the following: the field strength of any emissions within this band shall not exceed 500 microvolts/meter at 3 meters, as determined using measurement instrumentations employing an average detector. The provisions in § 15.35 for limiting peak emissions apply where compliance of these devices is demonstrated under this alternative emission limit. ( c ) The field strength of any emissions appearing outside of this band shall not exceed the general radiated emission limits in § 15.209 . ( d ) The frequency tolerance of the carrier signal shall be maintained within ±0.01% of the operating frequency over a temperature variation of −20 degrees to + 50 degrees C at normal supply voltage, and for a variation in the primary supply voltage from 85% to 115% of the rated supply voltage at a temperature of 20 degrees C. For battery operated equipment, the equipment tests shall be performed using a new battery. [ 54 FR 17714 , Apr. 25, 1989, as amended at 55 FR 33910 , Aug. 20, 1990] § 15.231 Periodic operation in the band 40.66-40.70 MHz and above 70 MHz. ( a ) The provisions of this section are restricted to periodic operation within the band 40.66-40.70 MHz and above 70 MHz. Except as shown in paragraph (e) of this section, the intentional radiator is restricted to the transmission of a control signal such as those used with alarm systems, door openers, remote switches, etc. Continuous transmissions, voice, video and the radio control of toys are not permitted. Data is permitted to be sent with a control signal. The following conditions shall be met to comply with the provisions for this periodic operation: ( 1 ) A manually operated transmitter shall employ a switch that will automatically deactivate the transmitter within not more than 5 seconds of being released. ( 2 ) A transmitter activated automatically shall cease transmission within 5 seconds after activation. ( 3 ) Periodic transmissions at regular predetermined intervals are not permitted. However, polling or supervision transmissions, including data, to determine system integrity of transmitters used in security or safety applications are allowed if the total duration of transmissions does not exceed more than two seconds per hour for each transmitter. There is no limit on the number of individual transmissions, provided the total transmission time does not exceed two seconds per hour. ( 4 ) Intentional radiators which are employed for radio control purposes during emergencies involving fire, security, and safety of life, when activated to signal an alarm, may operate during the pendency of the alarm condition ( 5 ) Transmission of set-up information for security systems may exceed the transmission duration limits in paragraphs (a)(1) and (a)(2) of this section, provided such transmissions are under the control of a professional installer and do not exceed ten seconds after a manually operated switch is released or a transmitter is activated automatically. Such set-up information may include data. ( b ) In addition to the provisions of § 15.205 , the field strength of emissions from intentional radiators operated under this section shall not exceed the following: Fundamental frequency (MHz) Field strength of fundamental (microvolts/meter) Field strength of spurious emissions (microvolts/meter) 40.66-40.70 2,250 225 70-130 1,250 125 130-174 1 1,250 to 3,750 1 125 to 375 174-260 3,750 375 260-470 1 3,750 to 12,500 1 375 to 1,250 Above 470 12,500 1,250 1 Linear interpolations. ( 1 ) The above field strength limits are specified at a distance of 3 meters. The tighter limits apply at the band edges. ( 2 ) Intentional radiators operating under the provisions of this section shall demonstrate compliance with the limits on the field strength of emissions, as shown in the above table, based on the average value of the measured emissions. As an alternative, compliance with the limits in the above table may be based on the use of measurement instrumentation with a CISPR quasi-peak detector. The specific method of measurement employed shall be specified in the application for equipment authorization. If average emission measurements are employed, the provisions in § 15.35 for averaging pulsed emissions and for limiting peak emissions apply. Further, compliance with the provisions of § 15.205 shall be demonstrated using the measurement instrumentation specified in that section. ( 3 ) The limits on the field strength of the spurious emissions in the above table are based on the fundamental frequency of the intentional radiator. Spurious emissions shall be attenuated to the average (or, alternatively, CISPR quasi-peak) limits shown in this table or to the general limits shown in § 15.209 , whichever limit permits a higher field strength. ( c ) The bandwidth of the emission shall be no wider than 0.25% of the center frequency for devices operating above 70 MHz and below 900 MHz. For devices operating above 900 MHz, the emission shall be no wider than 0.5% of the center frequency. Bandwidth is determined at the points 20 dB down from the modulated carrier. ( d ) For devices operating within the frequency band 40.66-40.70 MHz, the bandwidth of the emission shall be confined within the band edges and the frequency tolerance of the carrier shall be ±0.01%. This frequency tolerance shall be maintained for a temperature variation of −20 degrees to + 50 degrees C at normal supply voltage, and for a variation in the primary supply voltage from 85% to 115% of the rated supply voltage at a temperature of 20 degrees C. For battery operated equipment, the equipment tests shall be performed using a new battery. ( e ) Intentional radiators may operate at a periodic rate exceeding that specified in paragraph (a) of this section and may be employed for any type of operation, including operation prohibited in paragraph (a) of this section, provided the intentional radiator complies with the provisions of paragraphs (b) through (d) of this section, except the field strength table in paragraph (b) of this section is replaced by the following: Fundamental frequency (MHz) Field strength of fundamental (microvolts/meter) Field strength of spurious emission (microvolts/meter) 40.66-40.70 1,000 100 70-130 500 50 130-174 500 to 1,500 1 50 to 150 1 174-260 1,500 150 260-470 1,500 to 5,000 1 150 to 500 1 Above 470 5,000 500 1 Linear interpolations. In addition, devices operated under the provisions of this paragraph shall be provided with a means for automatically limiting operation so that the duration of each transmission shall not be greater than one second and the silent period between transmissions shall be at least 30 times the duration of the transmission but in no case less than 10 seconds. [ 54 FR 17714 , Apr. 25, 1989; 54 FR 32340 , Aug. 7, 1989, as amended at 68 FR 68546 , Dec. 9, 2003; 69 FR 71383 , Dec. 9, 2004] § 15.233 Operation within the bands 43.71-44.49 MHz, 46.60-46.98 MHz, 48.75-49.51 MHz and 49.66-50.0 MHz. ( a ) The provisions shown in this section are restricted to cordless telephones. ( b ) An intentional radiator used as part of a cordless telephone system shall operate centered on one or more of the following frequency pairs, subject to the following conditions: ( 1 ) Frequencies shall be paired as shown below, except that channel pairing for channels one through fifteen may be accomplished by pairing any of the fifteen base transmitter frequencies with any of the fifteen handset transmitter frequencies. ( 2 ) Cordless telephones operating on channels one through fifteen must: ( i ) Incorporate an automatic channel selection mechanism that will prevent establishment of a link on any occupied frequency; and ( ii ) The box or an instruction manual which is included within the box which the individual cordless telephone is to be marketed shall contain information indicating that some cordless telephones operate at frequencies that may cause interference to nearby TVs and VCRs; to minimize or prevent such interference, the base of the cordless telephone should not be placed near or on top of a TV or VCR; and, if interference is experienced, moving the cordless telephone farther away from the TV or VCR will often reduce or eliminate the interference. A statement describing the means and procedures used to achieve automatic channel selection shall be provided in any application for equipment authorization of a cordless telephone operating on channels one through fifteen. Channel Base transmitter (MHz) Handset transmitter (MHz) 1 43.720 48.760 2 43.740 48.840 3 43.820 48.860 4 43.840 48.920 5 43.920 49.020 6 43.960 49.080 7 44.120 49.100 8 44.160 49.160 9 44.180 49.200 10 44.200 49.240 11 44.320 49.280 12 44.360 49.360 13 44.400 49.400 14 44.460 49.460 15 44.480 49.500 16 46.610 49.670 17 46.630 49.845 18 46.670 49.860 19 46.710 49.770 20 46.730 49.875 21 46.770 49.830 22 46.830 49.890 23 46.870 49.930 24 46.930 49.990 25 46.970 49.970 ( c ) The field strength of the fundamental emission shall not exceed 10,000 microvolts/meter at 3 meters. The emission limit in this paragraph is based on measurement instrumentation employing an average detector. The provisions in § 15.35 for limiting peak emissions apply. ( d ) The fundamental emission shall be confined within a 20 kHz band and shall be centered on a carrier frequency shown above, as adjusted by the frequency tolerance of the transmitter at the time testing is performed. Modulation products outside of this 20 kHz band shall be attenuated at least 26 dB below the level of the unmodulated carrier or to the general limits in § 15.209 , whichever permits the higher emission levels. Emissions on any frequency more than 20 kHz removed from the center frequency shall consist solely of unwanted emissions and shall not exceed the general radiated emission limits in § 15.209 . Tests to determine compliance with these requirements shall be performed using an appropriate input signal as prescribed in § 2.989 of this chapter . ( e ) All emissions exceeding 20 microvolts/meter at 3 meters are to be reported in the application for certification. ( f ) If the device provides for the connection of external accessories, including external electrical input signals, the device must be tested with the accessories attached. The emission tests shall be performed with the device and accessories configured in a manner which tends to produce the maximum level of emissions within the range of variations that can be expected under normal operating conditions. ( g ) The frequency tolerance of the carrier signal shall be maintained within ±0.01% of the operating frequency. The tolerance shall be maintained for a temperature variation of −20 degrees C to + 50 degrees C at normal supply voltage, and for variation in the primary voltage from 85% to 115% of the rated supply voltage at a temperature of 20 degrees C. For battery operated equipment, the equipment tests shall be performed using a new battery. ( h ) For cordless telephones that do not comply with § 15.214(d) of this part , the box or other package in which the individual cordless telephone is to be marketed shall carry a statement in a prominent location, visible to the buyer before purchase, which reads as follows: Notice: The base units of some cordless telephones may respond to other nearby units or to radio noise resulting in telephone calls being dialed through this unit without your knowledge and possibly calls being misbilled. In order to protect against such occurrences, this cordless telephone is provided with the following features: (to be completed by the responsible party). An application for certification of a cordless telephone shall specify the complete text of the statement that will be carried on the package and indicate where, specifically, it will be located on the carton. [ 54 FR 17714 , Apr. 25, 1989; 54 FR 32340 , Aug. 7, 1989, as amended at 56 FR 3785 , Jan. 31, 1991; 56 FR 5659 , Feb. 12, 1991; 60 FR 21985 , May 4, 1995] § 15.235 Operation within the band 49.82-49.90 MHz. ( a ) The field strength of any emission within this band shall not exceed 10,000 microvolts/meter at 3 meters. The emission limit in this paragraph is based on measurement instrumentation employing an average detector. The provisions in § 15.35 for limiting peak emissions apply. ( b ) The field strength of any emissions appearing between the band edges and up to 10 kHz above and below the band edges shall be attenuated at least 26 dB below the level of the unmodulated carrier or to the general limits in § 15.209 , whichever permits the higher emission levels. The field strength of any emissions removed by more than 10 kHz from the band edges shall not exceed the general radiated emission limits in § 15.209 . All signals exceeding 20 microvolts/meter at 3 meters shall be reported in the application for certification. ( c ) For a home-built intentional radiator, as defined in § 15.23(a) , operating within the band 49.82-49.90 MHz, the following standards may be employed: ( 1 ) The RF carrier and modulation products shall be maintained within the band 49.82-49.90 MHz. ( 2 ) The total input power to the device measured at the battery or the power line terminals shall not exceed 100 milliwatts under any condition of modulation. ( 3 ) The antenna shall be a single element, one meter or less in length, permanently mounted on the enclosure containing the device. ( 4 ) Emissions outside of this band shall be attenuated at least 20 dB below the level of the unmodulated carrier. ( 5 ) The regulations contained in § 15.23 of this part apply to intentional radiators constructed under the provisions of this paragraph. ( d ) Cordless telephones are not permitted to operate under the provisions of this section. § 15.236 Operation of wireless microphones in the bands 54-72 MHz, 76-88 MHz, 174-216 MHz, 470-608 MHz and 614-698 MHz. ( a ) Definitions. The following definitions apply in this section. ( 1 ) Wireless Microphone. An intentional radiator that converts sound into electrical audio signals that are transmitted using radio signals to a receiver which converts the radio signals back into audio signals that are sent through a sound recording or amplifying system. Wireless microphones may be used for cue and control communications and synchronization of TV camera signals as defined in § 74.801 of this chapter . Wireless microphones do not include auditory assistance devices as defined in § 15.3(a) of this part . ( 2 ) 600 MHz duplex gap. An 11 megahertz guard band at 652-663 MHz that separates part 27 600 MHz service uplink and downlink frequencies. ( 3 ) 600 MHz guard band. Designated frequency band at 614-617 MHz that prevents interference between licensed services in the 600 MHz service band and channel 37. ( 4 ) 600 MHz service band. Frequencies in the 617-652 MHz and 663-698 MHz bands that are reallocated and reassigned for 600 MHz band services under part 27. Note to paragraphs ( a )(2), (3) and (4): The specific frequencies will be determined in light of further proceedings pursuant to GN Docket No. 12-268 and the rules will be updated accordingly pursuant to a future public notice. ( 5 ) Spectrum Act. Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 ). ( b ) Operation under this section is limited to wireless microphones as defined in this section. ( c ) Operation is permitted in the following frequency bands. ( 1 ) Channels allocated and assigned for the broadcast television service. ( 2 ) Frequencies in the 600 MHz service band on which a 600 MHz service licensee has not commenced operations, as defined in § 27.4 of this chapter . Operation on these frequencies must cease no later than the end of the post-auction transition period, as defined in § 27.4 of this chapter . Operation must cease immediately if harmful interference occurs to a 600 MHz service licensee. ( 3 ) The 657-663 MHz segment of the 600 MHz duplex gap. ( 4 ) [Reserved] ( 5 ) The 614-616 MHz segment of the 600 MHz guard band. ( 6 ) Prior to operation in the frequencies identified in paragraphs (c)(2) through (5) of this section, wireless microphone users shall rely on the white space databases in part 15, Subpart H to determine that their intended operating frequencies are available for unlicensed wireless microphone operation at the location where they will be used. Wireless microphone users must register with and check a white space database to determine available channels prior to beginning operation at a given location. A user must re-check the database for available channels if it moves to another location. ( d ) The maximum radiated power shall not exceed the following values: ( 1 ) In the bands allocated and assigned for broadcast television and in the 600 MHz service band: 50 mW EIRP ( 2 ) In the 600 MHz guard band and the 600 MHz duplex gap: 20 mW EIRP. ( e ) Operation is limited to locations separated from licensed services by the following distances. ( 1 ) Four kilometers outside the following protected service contours of co-channel TV stations. Type of station Protected contour Channel Contour (dBu) Propagation curve Analog: Class A TV, LPTV, translator and booster Low VHF (2-6) 47 F(50,50) High VHF (7-13) 56 F(50,50) UHF (14-51) 64 F(50,50) Digital: Full service TV, Class A TV, LPTV, translator and booster Low VHF (2-6) 28 F(50,90) High VHF (7-13) 36 F(50,90) UHF (14-51) 41 F(50,90) ( 2 ) The following distances outside of the area where a 600 MHz service licensee has commenced operations, as defined in § 27.4 of this chapter . Type of station Separation distance in kilometers Co- channel Adjacent channel Base 7 0.2 Mobile 35 31 ( f ) The operating frequency within a permissible band of operation as defined in paragraph (c) must comply with the following requirements. ( 1 ) The frequency selection shall be offset from the upper or lower band limits by 25 kHz or an integral multiple thereof. ( 2 ) One or more adjacent 25 kHz segments within the assignable frequencies may be combined to form a channel whose maximum bandwidth shall not exceed 200 kHz. The operating bandwidth shall not exceed 200 kHz. ( 3 ) The frequency tolerance of the carrier signal shall be maintained within ±0.005% of the operating frequency over a temperature variation of −20 degrees to +50 degrees C at normal supply voltage, and for a variation in the primary supply voltage from 85% to 115% of the rated supply voltage at a temperature of 20 degrees C. Battery operated equipment shall be tested using a new battery. ( g ) Emissions within the band from one megahertz below to one megahertz above the carrier frequency shall comply with the emission mask in § 8.3 of ETSI EN 300 422-1 V1.4.2 (2011-08), Electromagnetic compatibility and Radio spectrum Matters (ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range; Part 1: Technical characteristics and methods of measurement . Emissions outside of this band shall comply with the limits specified in section 8.4 of ETSI EN 300 422-1 V1.4.2 (2011-08). [ 80 FR 73069 , Nov. 23, 2015, as amended at 81 FR 4974 , Jan. 29, 2016; 82 FR 41559 , Sept. 1, 2017] § 15.237 Operation in the bands 72.0-73.0 MHz, 74.6-74.8 MHz and 75.2-76.0 MHz. ( a ) The intentional radiator shall be restricted to use as an auditory assistance device. ( b ) Emissions from the intentional radiator shall be confined within a band 200 kHz wide centered on the operating frequency. The 200 kHz band shall lie wholly within the above specified frequency ranges. ( c ) The field strength within the permitted 200 kHz band shall not exceed 80 millivolts/meter at 3 meters. The field strength of any emissions radiated on any frequency outside of the specified 200 kHz band shall not exceed the general radiated emissions limits specified in § 15.209 . The emission limits in this paragraph are based on measurement instrumentation employing an average detector. The provisions in § 15.35 for limiting peak emissions apply. [ 54 FR 17714 , Apr. 25, 1989, as amended at 57 FR 13048 , Apr. 15, 1992; 78 FR 34927 , June 11, 2013] § 15.239 Operation in the band 88-108 MHz. ( a ) Emissions from the intentional radiator shall be confined within a band 200 kHz wide centered on the operating frequency. The 200 kHz band shall lie wholly within the frequency range of 88-108 MHz. ( b ) The field strength of any emissions within the permitted 200 kHz band shall not exceed 250 microvolts/meter at 3 meters. The emission limit in this paragraph is based on measurement instrumentation employing an average detector. The provisions in § 15.35 for limiting peak emissions apply. ( c ) The field strength of any emissions radiated on any frequency outside of the specified 200 kHz band shall not exceed the general radiated emission limits in § 15.209 . ( d ) A custom built telemetry intentional radiator operating in the frequency band 88-108 MHz and used for experimentation by an educational institute need not be certified provided the device complies with the standards in this part and the educational institution notifies the Office of Engineering and Technology, in writing, in advance of operation, providing the following information: ( 1 ) The dates and places where the device will be operated; ( 2 ) The purpose for which the device will be used; ( 3 ) A description of the device, including the operating frequency, RF power output, and antenna; and, ( 4 ) A statement that the device complies with the technical provisions of this part. [ 54 FR 17714 , Apr. 25, 1989; 54 FR 32340 , Aug. 7, 1989; 80 FR 53750 , Sept. 8, 2015] § 15.240 Operation in the band 433.5-434.5 MHz. ( a ) Operation under the provisions of this section is restricted to devices that use radio frequency energy to identify the contents of commercial shipping containers. Operations must be limited to commercial and industrial areas such as ports, rail terminals and warehouses. Two-way operation is permitted to interrogate and to load data into devices. Devices operated pursuant to the provisions of this section shall not be used for voice communications. ( b ) The field strength of any emissions radiated within the specified frequency band shall not exceed 11,000 microvolts per meter measured at a distance of 3 meters. The emission limit in this paragraph is based on measurement instrumentation employing an average detector. The peak level of any emissions within the specified frequency band shall not exceed 55,000 microvolts per meter measured at a distance of 3 meters. Additionally, devices authorized under these provisions shall be provided with a means for automatically limiting operation so that the duration of each transmission shall not be greater than 60 seconds and be only permitted to reinitiate an interrogation in the case of a transmission error. Absent such a transmission error, the silent period between transmissions shall not be less than 10 seconds. ( c ) The field strength of emissions radiated on any frequency outside of the specified band shall not exceed the general radiated emission limits in § 15.209 . ( d ) In the case of radio frequency powered tags designed to operate with a device authorized under this section, the tag may be approved with the device or be considered as a separate device subject to its own authorization. Powered tags approved with a device under a single application shall be labeled with the same identification number as the device. ( e ) To prevent interference to Federal Government radar systems, operation under the provisions of this section is not permitted within 40 kilometers of the following locations: DoD Radar Site Latitude Longitude Beale Air Force Base 39°08′10″ N 121°21′04″ W Cape Cod Air Force Station 41°45′07″ N 070°32′17″ W Clear Air Force Station 64°55′16″ N 143°05′02″ W Cavalier Air Force Station 48°43′12″ N 097°54′00″ W Eglin Air Force Base 30°43′12″ N 086°12′36″ W ( f ) As a condition of the grant, the grantee of an equipment authorization for a device operating under the provisions of this section shall provide information to the user concerning compliance with the operational restrictions in paragraphs (a) and (e) of this section. As a further condition, the grantee shall provide information on the locations where the devices are installed to the FCC Office of Engineering and Technology, which shall provide this information to the Federal Government through the National Telecommunications and Information Administration. The user of the device shall be responsible for submitting updated information in the event the operating location or other information changes after the initial registration. The grantee shall notify the user of this requirement. The information provided by the grantee or user to the Commission shall include the name, address, telephone number and e-mail address of the user, the address and geographic coordinates of the operating location, and the FCC identification number of the device. The material shall be submitted to the following address: Experimental Licensing Branch, OET, Federal Communications Commission, at the address of the FCC's main office indicated in 47 CFR 0.401(a) , ATTN: RFID Registration. [ 69 FR 29464 , May 24, 2004, as amended at 85 FR 64406 , Oct. 13, 2020] § 15.241 Operation in the band 174-216 MHz. ( a ) Operation under the provisions of this section is restricted to biomedical telemetry devices. ( b ) Emissions from the device shall be confined within a 200 kHz band which shall lie wholly within the frequency range of 174-216 MHz. ( c ) The field strength of any emissions radiated within the specified 200 kHz band shall not exceed 1500 microvolts/meter at 3 meters. The field strength of emissions radiated on any frequency outside of the specified 200 kHz band shall not exceed 150 microvolts/meter at 3 meters. The emission limits in this paragraph are based on measurement instrumentation employing an average detector. The provisions in § 15.35 for limiting peak emissions apply. § 15.242 Operation in the bands 174-216 MHz and 470-668 MHz. ( a ) The marketing and operation of intentional radiators under the provisions of this section is restricted to biomedical telemetry devices employed solely on the premises of health care facilities. ( 1 ) A health care facility includes hospitals and other establishments that offer services, facilities, and beds for use beyond 24 hours in rendering medical treatment and institutions and organizations regularly engaged in providing medical services through clinics, public health facilities, and similar establishments, including governmental entities and agencies for their own medical activities. ( 2 ) This authority to operate does not extend to mobile vehicles, such as ambulances, even if those vehicles are associated with a health care facility. ( b ) The fundamental emissions from a biomedical telemetry device operating under the provisions of this section shall be contained within a single television broadcast channel, as defined in part 73 of this chapter , under all conditions of operation and shall lie wholly within the frequency ranges of 174-216 MHz and 470-668 MHz. ( c ) The field strength of the fundamental emissions shall not exceed 200 mV/m, as measured at a distance of 3 meters using a quasi-peak detector. Manufacturers should note that a quasi-peak detector function indicates field strength per 120 kHz of bandwidth ±20 kHz. Accordingly, the total signal level over the band of operation may be higher than 200 mV/m. The field strength of emissions radiated on any frequency outside of the television broadcast channel within which the fundamental is contained shall not exceed the general limits in § 15.209 . ( d ) The user and the installer of a biomedical telemetry device operating within the frequency range 174-216 MHz, 470-608 MHz or 614-668 MHz shall ensure that the following minimum separation distances are maintained between the biomedical telemetry device and the authorized radio services operating on the same frequencies: ( 1 ) At least 10.3 km outside of the Grade B field strength contour (56 dBuV/m) of a TV broadcast station or an associated TV booster station operating within the band 174-216 MHz. ( 2 ) At least 5.5 km outside of the Grade B field strength contour (64 dBuV/m) of a TV broadcast station or an associated TV booster station operating within the bands 470-608 MHz or 614-668 MHz. ( 3 ) At least 5.1 km outside of the 68 dBuV/m field strength contour of a low power TV or a TV translator station operating within the band 174-216 MHz. ( 4 ) At least 3.1 km outside of the 74 dBuV/m field strength contour of a low power TV or a TV translator station operating within the bands 470-608 MHz or 614-668 MHz. ( 5 ) Whatever distance is necessary to protect other authorized users within these bands. ( e ) The user and the installer of a biomedical telemetry device operating within the frequency range 608-614 MHz and that will be located within 32 km of the very long baseline array (VLBA) stations or within 80 km of any of the other radio astronomy observatories noted in footnote US385 of Section 2.106 of this chapter must coordinate with, and obtain the written concurrence of, the director of the affected radio astronomy observatory before the equipment can be installed or operated. The National Science Foundation point of contact for coordination is: Spectrum Manager, Division of Astronomical Sciences, NSF Room 1045, 4201 Wilson Blvd., Arlington, VA 22230; tel: (703) 306-1823. ( f ) Biomedical telemetry devices must not cause harmful interference to licensed TV broadcast stations or to other authorized radio services, such as operations on the broadcast frequencies under subparts G and H of part 74 of this chapter , land mobile stations operating under part 90 of this chapter in the 470-512 MHz band, and radio astronomy operation in the 608-614 MHz band. (See § 15.5 .) If harmful interference occurs, the interference must either be corrected or the device must immediately cease operation on the occupied frequency. Further, the operator of the biomedical telemetry device must accept whatever level of interference is received from other radio operations. The operator, i.e., the health care facility, is responsible for resolving any interference that occurs subsequent to the installation of these devices. ( g ) The manufacturers, installers, and users of biomedical telemetry devices are reminded that they must ensure that biomedical telemetry transmitters operating under the provisions of this section avoid operating in close proximity to authorized services using this spectrum. Sufficient separation distance, necessary to avoid causing or receiving harmful interference, must be maintained from co-channel operations. These parties are reminded that the frequencies of the authorized services are subject to change, especially during the implementation of the digital television services. The operating frequencies of the part 15 devices may need to be changed, as necessary and in accordance with the permissive change requirements of this chapter, to accommodate changes in the operating frequencies of the authorized services. ( h ) The manufacturers, installers and users of biomedical telemetry devices are cautioned that the operation of this equipment could result in harmful interference to other nearby medical devices. [ 62 FR 58658 , Oct. 30, 1997, as amended at 77 FR 76248 , Dec. 27, 2012] § 15.243 Operation in the band 890-940 MHz. ( a ) Operation under the provisions of this section is restricted to devices that use radio frequency energy to measure the characteristics of a material. Devices operated pursuant to the provisions of this section shall not be used for voice communications or the transmission of any other type of message. ( b ) The field strength of any emissions radiated within the specified frequency band shall not exceed 500 microvolts/meter at 30 meters. The emission limit in this paragraph is based on measurement instrumentation employing an average detector. The provisions in § 15.35 for limiting peak emissions apply. ( c ) The field strength of emissions radiated on any frequency outside of the specified band shall not exceed the general radiated emission limits in § 15.209 . ( d ) The device shall be self-contained with no external or readily accessible controls which may be adjusted to permit operation in a manner inconsistent with the provisions in this section. Any antenna that may be used with the device shall be permanently attached thereto and shall not be readily modifiable by the user. § 15.245 Operation within the bands 902-928 MHz, 2435-2465 MHz, 5785-5815 MHz, 10500-10550 MHz, and 24075-24175 MHz. ( a ) Operation under the provisions of this section is limited to intentional radiators used as field disturbance sensors, excluding perimeter protection systems. ( b ) The field strength of emissions from intentional radiators operated within these frequency bands shall comply with the following: Fundamental frequency (MHz) Field strength of fundamental (millivolts/meter) Field strength of harmonics (millivolts/meter) 902-928 500 1.6 2435-2465 500 1.6 5785-5815 500 1.6 10500-10550 2500 25.0 24075-24175 2500 25.0 ( 1 ) Regardless of the limits shown in the above table, harmonic emissions in the restricted bands below 17.7 GHz, as specified in § 15.205 , shall not exceed the field strength limits shown in § 15.209 . Harmonic emissions in the restricted bands at and above 17.7 GHz shall not exceed the following field strength limits: ( i ) For the second and third harmonics of field disturbance sensors operating in the 24075-24175 MHz band and for other field disturbance sensors designed for use only within a building or to open building doors, 25.0 mV/m. ( ii ) For all other field disturbance sensors, 7.5 mV/m. ( iii ) Field disturbance sensors designed to be used in motor vehicles or aircraft must include features to prevent continuous operation unless their emissions in the restricted bands, other than the second and third harmonics from devices operating in the 24075-24175 MHz band, fully comply with the limits given in § 15.209 . Continuous operation of field disturbance sensors designed to be used in farm equipment, vehicles such as fork lifts that are intended primarily for use indoors or for very specialized operations, or railroad locomotives, railroad cars and other equipment which travels on fixed tracks is permitted. A field disturbance sensor will be considered not to be operating in a continuous mode if its operation is limited to specific activities of limited duration (e.g., putting a vehicle into reverse gear, activating a turn signal, etc.). ( 2 ) Field strength limits are specified at a distance of 3 meters. ( 3 ) Emissions radiated outside of the specified frequency bands, except for harmonics, shall be attenuated by at least 50 dB below the level of the fundamental or to the general radiated emission limits in § 15.209 , whichever is the lesser attenuation. ( 4 ) The emission limits shown above are based on measurement instrumentation employing an average detector. The provisions in § 15.35 for limiting peak emissions apply. [ 54 FR 17714 , Apr. 25, 1989, as amended at 55 FR 46792 , Nov. 7, 1990; 61 FR 42558 , Aug. 16, 1996; 68 FR 68547 , Dec. 9, 2003] § 15.247 Operation within the bands 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz. ( a ) Operation under the provisions of this Section is limited to frequency hopping and digitally modulated intentional radiators that comply with the following provisions: ( 1 ) Frequency hopping systems shall have hopping channel carrier frequencies separated by a minimum of 25 kHz or the 20 dB bandwidth of the hopping channel, whichever is greater. Alternatively, frequency hopping systems operating in the 2400-2483.5 MHz band may have hopping channel carrier frequencies that are separated by 25 kHz or two-thirds of the 20 dB bandwidth of the hopping channel, whichever is greater, provided the systems operate with an output power no greater than 125 mW. The system shall hop to channel frequencies that are selected at the system hopping rate from a pseudo randomly ordered list of hopping frequencies. Each frequency must be used equally on the average by each transmitter. The system receivers shall have input bandwidths that match the hopping channel bandwidths of their corresponding transmitters and shall shift frequencies in synchronization with the transmitted signals. ( i ) For frequency hopping systems operating in the 902-928 MHz band: if the 20 dB bandwidth of the hopping channel is less than 250 kHz, the system shall use at least 50 hopping frequencies and the average time of occupancy on any frequency shall not be greater than 0.4 seconds within a 20 second period; if the 20 dB bandwidth of the hopping channel is 250 kHz or greater, the system shall use at least 25 hopping frequencies and the average time of occupancy on any frequency shall not be greater than 0.4 seconds within a 10 second period. The maximum allowed 20 dB bandwidth of the hopping channel is 500 kHz. ( ii ) Frequency hopping systems operating in the 5725-5850 MHz band shall use at least 75 hopping frequencies. The maximum 20 dB bandwidth of the hopping channel is 1 MHz. The average time of occupancy on any frequency shall not be greater than 0.4 seconds within a 30 second period. ( iii ) Frequency hopping systems in the 2400-2483.5 MHz band shall use at least 15 channels. The average time of occupancy on any channel shall not be greater than 0.4 seconds within a period of 0.4 seconds multiplied by the number of hopping channels employed. Frequency hopping systems may avoid or suppress transmissions on a particular hopping frequency provided that a minimum of 15 channels are used. ( 2 ) Systems using digital modulation techniques may operate in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands. The minimum 6 dB bandwidth shall be at least 500 kHz. ( b ) The maximum peak conducted output power of the intentional radiator shall not exceed the following: ( 1 ) For frequency hopping systems operating in the 2400-2483.5 MHz band employing at least 75 non-overlapping hopping channels, and all frequency hopping systems in the 5725-5850 MHz band: 1 watt. For all other frequency hopping systems in the 2400-2483.5 MHz band: 0.125 watts. ( 2 ) For frequency hopping systems operating in the 902-928 MHz band: 1 watt for systems employing at least 50 hopping channels; and, 0.25 watts for systems employing less than 50 hopping channels, but at least 25 hopping channels, as permitted under paragraph (a)(1)(i) of this section. ( 3 ) For systems using digital modulation in the 902-928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands: 1 Watt. As an alternative to a peak power measurement, compliance with the one Watt limit can be based on a measurement of the maximum conducted output power. Maximum Conducted Output Power is defined as the total transmit power delivered to all antennas and antenna elements averaged across all symbols in the signaling alphabet when the transmitter is operating at its maximum power control level. Power must be summed across all antennas and antenna elements. The average must not include any time intervals during which the transmitter is off or is transmitting at a reduced power level. If multiple modes of operation are possible (e.g., alternative modulation methods), the maximum conducted output power is the highest total transmit power occurring in any mode. ( 4 ) The conducted output power limit specified in paragraph (b) of this section is based on the use of antennas with directional gains that do not exceed 6 dBi. Except as shown in paragraph (c) of this section, if transmitting antennas of directional gain greater than 6 dBi are used, the conducted output power from the intentional radiator shall be reduced below the stated values in paragraphs (b)(1) , (b)(2) , and (b)(3) of this section, as appropriate, by the amount in dB that the directional gain of the antenna exceeds 6 dBi. ( c ) Operation with directional antenna gains greater than 6 dBi. ( 1 ) Fixed point-to-point operation: ( i ) Systems operating in the 2400-2483.5 MHz band that are used exclusively for fixed, point-to-point operations may employ transmitting antennas with directional gain greater than 6 dBi provided the maximum conducted output power of the intentional radiator is reduced by 1 dB for every 3 dB that the directional gain of the antenna exceeds 6 dBi. ( ii ) Systems operating in the 5725-5850 MHz band that are used exclusively for fixed, point-to-point operations may employ transmitting antennas with directional gain greater than 6 dBi without any corresponding reduction in transmitter conducted output power. ( iii ) Fixed, point-to-point operation, as used in paragraphs (c)(1)(i) and (c)(1)(ii) of this section, excludes the use of point-to-multipoint systems, omnidirectional applications, and multiple co-located intentional radiators transmitting the same information. The operator of the spread spectrum or digitally modulated intentional radiator or, if the equipment is professionally installed, the installer is responsible for ensuring that the system is used exclusively for fixed, point-to-point operations. The instruction manual furnished with the intentional radiator shall contain language in the installation instructions informing the operator and the installer of this responsibility. ( 2 ) In addition to the provisions in paragraphs (b)(1) , (b)(3) , (b)(4) and (c)(1)(i) of this section, transmitters operating in the 2400-2483.5 MHz band that emit multiple directional beams, simultaneously or sequentially, for the purpose of directing signals to individual receivers or to groups of receivers provided the emissions comply with the following: ( i ) Different information must be transmitted to each receiver. ( ii ) If the transmitter employs an antenna system that emits multiple directional beams but does not do emit multiple directional beams simultaneously, the total output power conducted to the array or arrays that comprise the device, i.e. , the sum of the power supplied to all antennas, antenna elements, staves, etc. and summed across all carriers or frequency channels, shall not exceed the limit specified in paragraph (b)(1) or (b)(3) of this section, as applicable. However, the total conducted output power shall be reduced by 1 dB below the specified limits for each 3 dB that the directional gain of the antenna/antenna array exceeds 6 dBi. The directional antenna gain shall be computed as follows: ( A ) The directional gain shall be calculated as the sum of 10 log (number of array elements or staves) plus the directional gain of the element or stave having the highest gain. ( B ) A lower value for the directional gain than that calculated in paragraph (c)(2)(ii)(A) of this section will be accepted if sufficient evidence is presented, e.g., due to shading of the array or coherence loss in the beamforming. ( iii ) If a transmitter employs an antenna that operates simultaneously on multiple directional beams using the same or different frequency channels, the power supplied to each emission beam is subject to the power limit specified in paragraph (c)(2)(ii) of this section. If transmitted beams overlap, the power shall be reduced to ensure that their aggregate power does not exceed the limit specified in paragraph (c)(2)(ii) of this section. In addition, the aggregate power transmitted simultaneously on all beams shall not exceed the limit specified in paragraph (c)(2)(ii) of this section by more than 8 dB. ( iv ) Transmitters that emit a single directional beam shall operate under the provisions of paragraph (c)(1) of this section. ( d ) In any 100 kHz bandwidth outside the frequency band in which the spread spectrum or digitally modulated intentional radiator is operating, the radio frequency power that is produced by the intentional radiator shall be at least 20 dB below that in the 100 kHz bandwidth within the band that contains the highest level of the desired power, based on either an RF conducted or a radiated measurement, provided the transmitter demonstrates compliance with the peak conducted power limits. If the transmitter complies with the conducted power limits based on the use of RMS averaging over a time interval, as permitted under paragraph (b)(3) of this section, the attenuation required under this paragraph shall be 30 dB instead of 20 dB. Attenuation below the general limits specified in § 15.209(a) is not required. In addition, radiated emissions which fall in the restricted bands, as defined in § 15.205(a) , must also comply with the radiated emission limits specified in § 15.209(a) (see § 15.205(c) ). ( e ) For digitally modulated systems, the power spectral density conducted from the intentional radiator to the antenna shall not be greater than 8 dBm in any 3 kHz band during any time interval of continuous transmission. This power spectral density shall be determined in accordance with the provisions of paragraph (b) of this section. The same method of determining the conducted output power shall be used to determine the power spectral density. ( f ) For the purposes of this section, hybrid systems are those that employ a combination of both frequency hopping and digital modulation techniques. The frequency hopping operation of the hybrid system, with the direct sequence or digital modulation operation turned-off, shall have an average time of occupancy on any frequency not to exceed 0.4 seconds within a time period in seconds equal to the number of hopping frequencies employed multiplied by 0.4. The power spectral density conducted from the intentional radiator to the antenna due to the digital modulation operation of the hybrid system, with the frequency hopping operation turned off, shall not be greater than 8 dBm in any 3 kHz band during any time interval of continuous transmission. Note to paragraph ( f ): The transition provisions found in § 15.37(h) will apply to hybrid devices beginning June 2, 2015. ( g ) Frequency hopping spread spectrum systems are not required to employ all available hopping channels during each transmission. However, the system, consisting of both the transmitter and the receiver, must be designed to comply with all of the regulations in this section should the transmitter be presented with a continuous data (or information) stream. In addition, a system employing short transmission bursts must comply with the definition of a frequency hopping system and must distribute its transmissions over the minimum number of hopping channels specified in this section. ( h ) The incorporation of intelligence within a frequency hopping spread spectrum system that permits the system to recognize other users within the spectrum band so that it individually and independently chooses and adapts its hopsets to avoid hopping on occupied channels is permitted. The coordination of frequency hopping systems in any other manner for the express purpose of avoiding the simultaneous occupancy of individual hopping frequencies by multiple transmitters is not permitted. Note to paragraph ( h ): Spread spectrum systems are sharing these bands on a noninterference basis with systems supporting critical Government requirements that have been allocated the usage of these bands, secondary only to ISM equipment operated under the provisions of part 18 of this chapter . Many of these Government systems are airborne radiolocation systems that emit a high EIRP which can cause interference to other users. Also, investigations of the effect of spread spectrum interference to U. S. Government operations in the 902-928 MHz band may require a future decrease in the power limits allowed for spread spectrum operation. ( i ) Radio frequency devices operating under the provisions of this part are subject to the radio frequency radiation exposure requirements specified in §§ 1.1307(b) , 1.1310 , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. [ 54 FR 17714 , Apr. 25, 1989, as amended at 55 FR 28762 , July 13, 1990; 62 FR 26242 , May 13, 1997; 65 FR 57561 , Sept. 25, 2000; 67 FR 42734 , June 25, 2002; 69 FR 54035 , Sept. 7, 2004; 72 FR 5632 , Feb. 7, 2007; 79 FR 24578 , May 1, 2014; 85 FR 18149 , Apr. 1, 2020] § 15.249 Operation within the bands 902-928 MHz, 2400-2483.5 MHz, 5725-5875 MHZ, and 24.0-24.25 GHz. ( a ) Except as provided in paragraph (b) of this section, the field strength of emissions from intentional radiators operated within these frequency bands shall comply with the following: Fundamental frequency Field strength of fundamental (millivolts/meter) Field strength of harmonics (microvolts/meter) 902-928 MHz 50 500 2400-2483.5 MHz 50 500 5725-5875 MHz 50 500 24.0-24.25 GHz 250 2500 ( b ) Fixed, point-to-point operation as referred to in this paragraph shall be limited to systems employing a fixed transmitter transmitting to a fixed remote location. Point-to-multipoint systems, omnidirectional applications, and multiple co-located intentional radiators transmitting the same information are not allowed. Fixed, point-to-point operation is permitted in the 24.05-24.25 GHz band subject to the following conditions: ( 1 ) The field strength of emissions in this band shall not exceed 2500 millivolts/meter. ( 2 ) The frequency tolerance of the carrier signal shall be maintained within ±0.001% of the operating frequency over a temperature variation of −20 degrees to +50 degrees C at normal supply voltage, and for a variation in the primary supply voltage from 85% to 115% of the rated supply voltage at a temperature of 20 degrees C. For battery operated equipment, the equipment tests shall be performed using a new battery. ( 3 ) Antenna gain must be at least 33 dBi. Alternatively, the main lobe beamwidth must not exceed 3.5 degrees. The beamwidth limit shall apply to both the azimuth and elevation planes. At antenna gains over 33 dBi or beamwidths narrower than 3.5 degrees, power must be reduced to ensure that the field strength does not exceed 2500 millivolts/meter. ( c ) Field strength limits are specified at a distance of 3 meters. ( d ) Emissions radiated outside of the specified frequency bands, except for harmonics, shall be attenuated by at least 50 dB below the level of the fundamental or to the general radiated emission limits in § 15.209 , whichever is the lesser attenuation. ( e ) As shown in § 15.35(b) , for frequencies above 1000 MHz, the field strength limits in paragraphs (a) and (b) of this section are based on average limits. However, the peak field strength of any emission shall not exceed the maximum permitted average limits specified above by more than 20 dB under any condition of modulation. For point-to-point operation under paragraph (b) of this section, the peak field strength shall not exceed 2500 millivolts/meter at 3 meters along the antenna azimuth. [ 54 FR 17714 , Apr. 25, 1989, as amended at 55 FR 25095 , June 20, 1990; 67 FR 1625 , Jan. 14, 2002; 77 FR 4914 , Feb. 1, 2012] § 15.250 Operation of wideband systems within the band 5925-7250 MHz. ( a ) The −10 dB bandwidth of a device operating under the provisions of this section must be contained within the 5925-7250 MHz band under all conditions of operation including the effects from stepped frequency, frequency hopping or other modulation techniques that may be employed as well as the frequency stability of the transmitter over expected variations in temperature and supply voltage. ( b ) The −10 dB bandwidth of the fundamental emission shall be at least 50 MHz. For transmitters that employ frequency hopping, stepped frequency or similar modulation types, measurement of the −10 dB minimum bandwidth specified in this paragraph shall be made with the frequency hop or step function disabled and with the transmitter operating continuously at a fundamental frequency following the provisions of § 15.31(m) . ( c ) Operation on board an aircraft or a satellite is prohibited. Devices operating under this section may not be employed for the operation of toys. Except for operation onboard a ship or a terrestrial transportation vehicle, the use of a fixed outdoor infrastructure is prohibited. A fixed infrastructure includes antennas mounted on outdoor structures, e.g., antennas mounted on the outside of a building or on a telephone pole. ( d ) Emissions from a transmitter operating under this section shall not exceed the following equivalent isotropically radiated power (EIRP) density levels: ( 1 ) The radiated emissions above 960 MHz from a device operating under the provisions of this section shall not exceed the following RMS average limits based on measurements using a 1 MHz resolution bandwidth: Frequency in MHz EIRP in dBm 960-1610 −75.3 1610-1990 −63.3 1990-3100 −61.3 3100-5925 −51.3 5925-7250 −41.3 7250-10600 −51.3 Above 10600 −61.3 ( 2 ) In addition to the radiated emission limits specified in the table in paragraph (d)(1) of this section, transmitters operating under the provisions of this section shall not exceed the following RMS average limits when measured using a resolution bandwidth of no less than 1 kHz: Frequency in MHz EIRP in dBm 1164-1240 −85.3 1559-1610 −85.3 ( 3 ) There is a limit on the peak level of the emissions contained within a 50 MHz bandwidth centered on the frequency at which the highest radiated emission occurs and this 50 MHz bandwidth must be contained within the 5925-7250 MHz band. The peak EIRP limit is 20 log (RBW/50) dBm where RBW is the resolution bandwidth in megahertz that is employed by the measurement instrument. RBW shall not be lower than 1 MHz or greater than 50 MHz. The video bandwidth of the measurement instrument shall not be less than RBW. If RBW is greater than 3 MHz, the application for certification filed with the Commission shall contain a detailed description of the test procedure, calibration of the test setup, and the instrumentation employed in the testing. ( 4 ) Radiated emissions at or below 960 MHz shall not exceed the emission levels in § 15.209 . ( 5 ) Emissions from digital circuitry used to enable the operation of the transmitter may comply with the limits in § 15.209 provided it can be clearly demonstrated that those emissions are due solely to emissions from digital circuitry contained within the transmitter and the emissions are not intended to be radiated from the transmitter's antenna. Emissions from associated digital devices, as defined in § 15.3(k) , e.g., emissions from digital circuitry used to control additional functions or capabilities other than the operation of the transmitter, are subject to the limits contained in subpart B of this part . Emissisons from these digital circuits shall not be employed in determining the −10 dB bandwidth of the fundamental emission or the frequency at which the highest emission level occurs. ( e ) Measurement procedures: ( 1 ) All emissions at and below 960 MHz are based on measurements employing a CISPR quasi-peak detector. Unless otherwise specified, all RMS average emission levels specified in this section are to be measured utilizing a 1 MHz resolution bandwidth with a one millisecond dwell over each 1 MHz segment. The frequency span of the analyzer should equal the number of sampling bins times 1 MHz and the sweep rate of the analyzer should equal the number of sampling bins times one millisecond. The provision in § 15.35(c) that allows emissions to be averaged over a 100 millisecond period does not apply to devices operating under this section. The video bandwidth of the measurement instrument shall not be less than the resolution bandwidth and trace averaging shall not be employed. The RMS average emission measurement is to be repeated over multiple sweeps with the analyzer set for maximum hold until the amplitude stabilizes. ( 2 ) The peak emission measurement is to be repeated over multiple sweeps with the analyzer set for maximum hold until the amplitude stabilizes. ( 3 ) For transmitters that employ frequency hopping, stepped frequency or similar modulation types, the peak emission level measurement, the measurement of the RMS average emission levels, and the measurement to determine the frequency at which the highest level emission occurs shall be made with the frequency hop or step function active. Gated signals may be measured with the gating active. The provisions of § 15.31(c) continue to apply to transmitters that employ swept frequency modulation. ( 4 ) The −10 dB bandwidth is based on measurement using a peak detector, a 1 MHz resolution bandwidth, and a video bandwidth greater than or equal to the resolution bandwidth. ( 5 ) Alternative measurement procedures may be considered by the Commission. [ 70 FR 6774 , Feb. 9, 2005] § 15.251 Operation within the bands 2.9-3.26 GHz, 3.267-3.332 GHz, 3.339-3.3458 GHz, and 3.358-3.6 GHz. ( a ) Operation under the provisions of this section is limited to automatic vehicle identification systems (AVIS) which use swept frequency techniques for the purpose of automatically identifying transportation vehicles. ( b ) The field strength anywhere within the frequency range swept by the signal shall not exceed 3000 microvolts/meter/MHz at 3 meters in any direction. Further, an AVIS, when in its operating position, shall not produce a field strength greater than 400 microvolts/meter/MHz at 3 meters in any direction within ±10 degrees of the horizontal plane. In addition to the provisions of § 15.205 , the field strength of radiated emissions outside the frequency range swept by the signal shall be limited to a maximum of 100 microvolts/meter/MHz at 3 meters, measured from 30 MHz to 20 GHz for the complete system. The emission limits in this paragraph are based on measurement instrumentation employing an average detector. The provisions in § 15.35 for limiting peak emissions apply. ( c ) The minimum sweep repetition rate of the signal shall not be lower than 4000 sweeps per second, and the maximum sweep repetition rate of the signal shall not exceed 50,000 sweeps per second. ( d ) An AVIS shall employ a horn antenna or other comparable directional antenna for signal emission. ( e ) Provision shall be made so that signal emission from the AVIS shall occur only when the vehicle to be identified is within the radiated field of the system. ( f ) In addition to the labelling requirements in § 15.19(a) , the label attached to the AVIS transmitter shall contain a third statement regarding operational conditions, as follows: * * * and, (3) during use this device (the antenna) may not be pointed within ±** degrees of the horizontal plane. The double asterisks in condition three (**) shall be replaced by the responsible party with the angular pointing restriction necessary to meet the horizontal emission limit specified in paragraph (b). ( g ) In addition to the information required in subpart J of part 2, the application for certification shall contain: ( 1 ) Measurements of field strength per MHz along with the intermediate frequency of the spectrum analyzer or equivalent measuring receiver; ( 2 ) The angular separation between the direction at which maximum field strength occurs and the direction at which the field strength is reduced to 400 microvolts/meter/MHz at 3 meters; ( 3 ) A photograph of the spectrum analyzer display showing the entire swept frequency signal and a calibrated scale for the vertical and horizontal axes; the spectrum analyzer settings that were used shall be labelled on the photograph; and, ( 4 ) The results of the frequency search for spurious and sideband emissions from 30 MHz to 20 GHz, exclusive of the swept frequency band, with the measuring instrument as close as possible to the unit under test. [ 54 FR 17714 , Apr. 25, 1989; 54 FR 32340 , Aug. 7, 1989] § 15.252 Operation of wideband vehicular radar systems within the band 23.12-29.0 GHz. ( a ) Operation under this section is limited to field disturbance sensors that are mounted in terrestrial transportation vehicles. Terrestrial use is limited to earth surface-based, non-aviation applications. ( 1 ) The −10 dB bandwidth of the fundamental emissions shall be located within the 23.12-29.0 GHz band, exclusive of the 23.6-24.0 GHz restricted band, as appropriate, under all conditions of operation including the effects from stepped frequency, frequency hopping or other modulation techniques that may be employed as well as the frequency stability of the transmitter over expected variations in temperature and supply voltage. ( 2 ) The −10 dB bandwidth of the fundamental emission shall be 10 MHz or greater. For transmitters that employ frequency hopping, stepped frequency or similar modulation types, measurement of the −10 dB minimum bandwidth specified in this paragraph shall be made with the frequency hop or step function disabled and with the transmitter operating continuously at a fundamental frequency following the provisions of § 15.31(m) . ( 3 ) For systems operating in the 23.12-29.0 GHz band, the frequencies at which the highest average emission level and at which the highest peak level emission appear shall be greater than 24.075 GHz. ( 4 ) These devices shall operate only when the vehicle is operating, e.g., the engine is running. Operation shall occur only upon specific activation, such as upon starting the vehicle, changing gears, or engaging a turn signal. The operation of these devices shall be related to the proper functioning of the transportation vehicle, e.g., collision avoidance. ( b ) Emissions from a transmitter operating under this section shall not exceed the following equivalent isotropically radiated power (EIRP) density levels: ( 1 ) For transmitters operating in the 23.12-29.0 GHz band, the RMS average radiated emissions above 960 MHz from a device operating under the provisions of this section shall not exceed the following EIRP limits based on measurements using a 1 MHz resolution bandwidth: Frequency in MHz EIRP in dBm 960-1610 −75.3 1610-23,120 −61.3 23,120-23,600 −41.3 23,600-24,000 −61.3 24,000-29,000 −41.3 Above 29,000 —61.3 ( 2 ) In addition to the radiated emissions limits specified in the table in paragraph (b)(1) of this section, transmitters operating under the provisions of this section shall not exceed the following RMS average EIRP limits when measured using a resolution bandwidth of no less than 1 kHz: Frequency in MHz EIRP in dBm 1164-1240 −85.3 1559-1610 −85.3 ( 3 ) There is a limit on the peak level of the emissions contained within a 50 MHz bandwidth centered on the frequency at which the highest radiated emission occurs and this 50 MHz bandwidth must be contained within the 24.05-29.0 GHz band. The peak EIRP limit is 20 log (RBW/50) dBm where RBW is the resolution bandwidth in MHz employed by the measurement instrument. RBW shall not be lower than 1 MHz or greater than 50 MHz. Further, RBW shall not be greater than the −10 dB bandwidth of the device under test. For transmitters that employ frequency hopping, stepped frequency or similar modulation types, measurement of the −10 dB minimum bandwidth specified in this paragraph shall be made with the frequency hop or step function disabled and with the transmitter operating continuously at a fundamental frequency. The video bandwidth of the measurement instrument shall not be less than RBW. The limit on peak emissions applies to the 50 MHz bandwidth centered on the frequency at which the highest level radiated emission occurs. If RBW is greater than 3 MHz, the application for certification shall contain a detailed description of the test procedure, the instrumentation employed in the testing, and the calibration of the test setup. ( 4 ) Radiated emissions at or below 960 MHz shall not exceed the emission levels in § 15.209 . ( 5 ) Emissions from digital circuitry used to enable the operation of the transmitter may comply with the limits in § 15.209 provided it can be clearly demonstrated that those emissions are due solely to emissions from digital circuitry contained within the transmitter and the emissions are not intended to be radiated from the transmitter's antenna. Emissions from associated digital devices, as defined in § 15.3(k) , e.g., emissions from digital circuitry used to control additional functions or capabilities other than the operation of the transmitter, are subject to the limits contained in subpart B of this part . Emissions from these digital circuits shall not be employed in determining the −10 dB bandwidth of the fundamental emission or the frequency at which the highest emission level occurs. ( c ) Measurement procedures: ( 1 ) All emissions at and below 960 MHz are based on measurements employing a CISPR quasi-peak detector. Unless otherwise specified, all RMS average emission levels specified in this section are to be measured utilizing a 1 MHz resolution bandwidth with a one millisecond dwell over each 1 MHz segment. The frequency span of the analyzer should equal the number of sampling bins times 1 MHz and the sweep rate of the analyzer should equal the number of sampling bins times one millisecond. The provision in § 15.35(c) that allows emissions to be averaged over a 100 millisecond period does not apply to devices operating under this section. The video bandwidth of the measurement instrument shall not be less than the resolution bandwidth and trace averaging shall not be employed. The RMS average emission measurement is to be repeated over multiple sweeps with the analyzer set for maximum hold until the amplitude stabilizes. ( 2 ) The peak emission measurement is to be repeated over multiple sweeps with the analyzer set for maximum hold until the amplitude stabilizes. ( 3 ) For transmitters that employ frequency hopping, stepped frequency or similar modulation types, the peak emission level measurement, the measurement of the RMS average emission levels, the measurement to determine the center frequency, and the measurement to determine the frequency at which the highest level emission occurs shall be made with the frequency hop or step function active. Gated signals may be measured with the gating active. The provisions of § 15.31(c) continue to apply to transmitters that employ swept frequency modulation. ( 4 ) The −10 dB bandwidth is based on measurement using a peak detector, a 1 MHz resolution bandwidth, and a video bandwidth greater than or equal to the resolution bandwidth. ( 5 ) Alternative measurement procedures may be considered by the Commission. ( d ) Wideband vehicular radar systems operating in the 23.12-29.0 GHz band are subject to the transition provisions of § 15.37(l) through (n) . [ 70 FR 6775 , Feb. 9, 2005, as amended at 82 FR 43870 , Sept. 20, 2017] § 15.253 [Reserved] § 15.255 Operation within the band 57-71 GHz. ( a ) General. Operation under the provisions of this section is not permitted for equipment used on satellites. ( b ) Operation on aircraft. Operation on aircraft is permitted under the following conditions: ( 1 ) When the aircraft is on the ground. ( 2 ) While airborne, only in closed exclusive on-board communication networks within the aircraft, with the following exceptions: ( i ) Equipment shall not be used in wireless avionics intra-communication (WAIC) applications where external structural sensors or external cameras are mounted on the outside of the aircraft structure. ( ii ) Except as permitted in paragraph (b)(3) of this section, equipment shall not be used on aircraft where there is little attenuation of RF signals by the body/fuselage of the aircraft. ( iii ) Field disturbance sensor/radar devices may only operate in the frequency band 59.3-71.0 GHz while installed in passengers' personal portable electronic equipment ( e.g., smartphones, tablets) and shall comply with paragraph (b)(2)(i) of this section, and relevant requirements of paragraphs (c)(2) through (c)(4) of this section. ( 3 ) Field disturbance sensors/radar devices deployed on unmanned aircraft may operate within the frequency band 60-64 GHz, provided that the transmitter not exceed 20 dBm peak EIRP. The sum of continuous transmitter off-times of at least two milliseconds shall equal at least 16.5 milliseconds within any contiguous interval of 33 milliseconds. Operation shall be limited to a maximum of 121.92 meters (400 feet) above ground level. ( c ) Radiated power limits. Within the 57-71 GHz band, emission levels shall not exceed the following equivalent isotropically radiated power (EIRP): ( 1 ) Devices other than field disturbance sensors shall comply with one of the following power limits, as measured during the transmit interval: ( i ) The average power of any emission shall not exceed 40 dBm and the peak power of any emission shall not exceed 43 dBm; or ( ii ) For fixed point-to-point transmitters located outdoors, the average power of any emission shall not exceed 82 dBm, and shall be reduced by 2 dB for every dB that the antenna gain is less than 51 dBi. The peak power of any emission shall not exceed 85 dBm, and shall be reduced by 2 dB for every dB that the antenna gain is less than 51 dBi. ( A ) The provisions in this paragraph (c) for reducing transmit power based on antenna gain shall not require that the power levels be reduced below the limits specified in paragraph (c)(1)(i) of this section. ( B ) The provisions of § 15.204(c)(2) and (4) that permit the use of different antennas of the same type and of equal or less directional gain do not apply to intentional radiator systems operating under this provision. In lieu thereof, intentional radiator systems shall be certified using the specific antenna(s) with which the system will be marketed and operated. Compliance testing shall be performed using the highest gain and the lowest gain antennas for which certification is sought and with the intentional radiator operated at its maximum available output power level. The responsible party, as defined in § 2.909 of this chapter , shall supply a list of acceptable antennas with the application for certification. ( 2 ) Field disturbance sensors/radars shall not exceed −10 dBm peak conducted output power and 10 dBm peak EIRP except that field disturbance sensors/radars that limit their operation to all or part of the specified frequency band may operate without being subject to a transmitter conducted output power limit if they operate in compliance with paragraph (b)(3) of this section or with one or more of the provisions below: ( i ) 57.0-59.4 GHz: the peak EIRP level shall not exceed 20 dBm for indoor operation or 30 dBm for outdoor operation; ( ii ) 57.0-61.56 GHz: the peak EIRP shall not exceed 3 dBm except that the peak EIRP shall not exceed 20 dBm if the sum of continuous transmitter off-times of at least two milliseconds equals at least 16.5 milliseconds within any contiguous interval of 33 milliseconds; ( iii ) 57.0-64.0 GHz: ( A ) The peak EIRP shall not exceed 14 dBm, and the sum of continuous transmitter off-times of at least two milliseconds shall equal at least 25.5 milliseconds within any contiguous interval of 33 milliseconds, except as specific in paragraph (c)(2)(iii)(B) of this section; ( B ) The peak EIRP shall not exceed 20 dBm, and the sum of continuous transmitter off-times of at least two milliseconds shall equal at least 16.5 milliseconds within any contiguous interval of 33 milliseconds when operated outdoors: ( 1 ) As part of a temporary or permanently fixed application; or ( 2 ) When being used in vehicular applications to perform specific tasks of moving something or someone, except for in-cabin applications; ( iv ) A field disturbance sensor may operate in any of the modes in the above sub-sections so long as the device operates in only one mode at any time and does so for at least 33 milliseconds before switching to another mode. ( v ) 61.0-61.5 GHz: For field disturbance sensors/radars that occupy 500 MHz bandwidth or less that are contained wholly within the frequency band 61.0-61.5 GHz, the average power of any emission, measured during the transmit interval, shall not exceed 40 dBm, and the peak power of any emission shall not exceed 43 dBm. In addition, the average power of any emission outside of the 61.0-61.5 GHz band, measured during the transmit interval, but still within the 57-71 GHz band, shall not exceed 10 dBm, and the peak power of any emission shall not exceed 13 dBm. ( 3 ) For pulsed field disturbance sensors/radars operating in the 57-64 GHz band that have a maximum pulse duration of 6 ns, the average EIRP shall not exceed 13 dBm and the transmit duty cycle shall not exceed 10% during any 0.3 µs time window. In addition, the average integrated EIRP within the frequency band 61.5-64.0 GHz shall not exceed 5 dBm in any 0.3 µs time window. Peak emissions shall not exceed 20 dB above the maximum permitted average emission limit applicable to the equipment under test. The radar bandwidth is the frequency band bounded by the points that are 10 dB below the highest radiated emission, as based on the complete transmission system including the antenna. ( 4 ) The provisions in § 15.35(b) and (c) that require emissions to be averaged over a 100 millisecond period and that limits the peak power to 20 dB above the average limit do not apply to devices operating under paragraphs (c)(2) and (3) of this section. ( d ) Limits on spurious emissions. ( 1 ) The power density of any emissions outside the 57-71 GHz band shall consist solely of spurious emissions. ( 2 ) Radiated emissions below 40 GHz shall not exceed the general limits in § 15.209 . ( 3 ) Between 40 GHz and 200 GHz, the level of these emissions shall not exceed 90 pW/cm 2 at a distance of 3 meters. ( 4 ) The levels of the spurious emissions shall not exceed the level of the fundamental emission. ( e ) Limits on transmitter conducted output power. ( 1 ) Except as specified in paragraph (e)(2) of this section, the peak transmitter conducted output power of devices other than field disturbance sensors/radars shall not exceed 500 mW. Depending on the gain of the antenna, it may be necessary to operate the intentional radiator using a lower peak transmitter output power in order to comply with the EIRP limits specified in paragraph (c) of this section. ( 2 ) Devices other than field disturbance sensors/radars with an emission bandwidth of less than 100 megahertz must limit their peak transmitter conducted output power to the product of 500 mW times their emission bandwidth divided by 100 megahertz. For the purposes of this paragraph, emission bandwidth is defined as the instantaneous frequency range occupied by a steady state radiated signal with modulation, outside which the radiated power spectral density never exceeds 6 dB below the maximum radiated power spectral density in the band, as measured with a 100 kilohertz resolution bandwidth spectrum analyzer. The center frequency must be stationary during the measurement interval, even if not stationary during normal operation ( e.g., for frequency hopping devices). ( f ) Frequency stability. Fundamental emissions must be contained within the frequency bands specified in this section during all conditions of operation. Equipment is presumed to operate over the temperature range −20 to + 50 degrees Celsius with an input voltage variation of 85% to 115% of rated input voltage, unless justification is presented to demonstrate otherwise. ( g ) Radio frequency radiation exposure. Radio frequency devices operating under the provisions of this part are subject to the radio frequency radiation exposure requirements specified in §§ 1.1307(b) , 1.1310 , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. ( h ) Group installation. Any transmitter that has received the necessary FCC equipment authorization under the rules of this chapter may be mounted in a group installation for simultaneous operation with one or more other transmitter(s) that have received the necessary FCC equipment authorization, without any additional equipment authorization. However, no transmitter operating under the provisions of this section may be equipped with external phase-locking inputs that permit beam-forming arrays to be realized. ( i ) Compliance measurement. Measurement procedures that have been found to be acceptable to the Commission in accordance with § 2.947 of this chapter may be used to demonstrate compliance. ( 1 ) For purposes of demonstrating compliance with this section, corrections to the transmitter conducted output power may be made due to the antenna and circuit loss. ( 2 ) Compliance measurements of frequency-agile field disturbance sensors/radars shall be performed with any related frequency sweep, step, or hop function activated. [ 63 FR 42279 , Aug. 7, 1998, as amended at 66 FR 7409 , Jan. 23, 2001; 68 FR 68547 , Dec. 9, 2003; 78 FR 59850 , Sept. 30, 2013; 81 FR 79936 , Nov. 14, 2016; 83 FR 63 , Jan. 2, 2018; 85 FR 18149 , Apr. 1, 2020; 88 FR 47394 , July 24, 2023] § 15.256 Operation of level probing radars within the bands 5.925-7.250 GHz, 24.05-29.00 GHz, and 75-85 GHz. ( a ) Operation under this section is limited to level probing radar (LPR) devices. ( b ) LPR devices operating under the provisions of this section shall utilize a dedicated or integrated transmit antenna, and the system shall be installed and maintained to ensure a vertically downward orientation of the transmit antenna's main beam. ( c ) LPR devices operating under the provisions of this section shall be installed only at fixed locations. The LPR device shall not operate while being moved, or while inside a moving container. ( d ) Hand-held applications are prohibited. ( e ) Marketing to residential consumers is prohibited. ( f ) The fundamental bandwidth of an LPR emission is defined as the width of the signal between two points, one below and one above the center frequency, outside of which all emissions are attenuated by at least 10 dB relative to the maximum transmitter output power when measured in an equivalent resolution bandwidth. ( 1 ) The minimum fundamental emission bandwidth shall be 50 MHz for LPR operation under the provisions of this section. ( 2 ) LPR devices operating under this section must confine their fundamental emission bandwidth within the 5.925-7.250 GHz, 24.05-29.00 GHz, and 75-85 GHz bands under all conditions of operation. ( g ) Fundamental emissions limits. ( 1 ) All emission limits provided in this section are expressed in terms of Equivalent Isotropic Radiated Power (EIRP). ( 2 ) The EIRP level is to be determined from the maximum measured power within a specified bandwidth. ( i ) The EIRP in 1 MHz is computed from the maximum power level measured within any 1-MHz bandwidth using a power averaging detector; ( ii ) The EIRP in 50 MHz is computed from the maximum power level measured with a peak detector in a 50-MHz bandwidth centered on the frequency at which the maximum average power level is realized and this 50 MHz bandwidth must be contained within the authorized operating bandwidth. For a RBW less than 50 MHz, the peak EIRP limit (in dBm) is reduced by 20 log(RBW/50) dB where RBW is the resolution bandwidth in megahertz. The RBW shall not be lower than 1 MHz or greater than 50 MHz. The video bandwidth of the measurement instrument shall not be less than the RBW. If the RBW is greater than 3 MHz, the application for certification filed shall contain a detailed description of the test procedure, calibration of the test setup, and the instrumentation employed in the testing. ( 3 ) The EIRP limits for LPR operations in the bands authorized by this rule section are provided in Table 1. The emission limits in Table 1 are based on boresight measurements ( i.e., measurements performed within the main beam of an LPR antenna). Table 1—LPR EIRP Emission Limits Frequency band of operation (GHz) Average emission limit (EIRP in dBm measured in 1 MHz) Peak emission limit (EIRP in dBm measured in 50 MHz) 5.925-7.250 −33 7 24.05-29.00 −14 26 75-85 −3 34 ( h ) Unwanted emissions limits. Unwanted emissions from LPR devices shall not exceed the general emission limit in § 15.209 of this chapter . ( i ) Antenna beamwidth. ( A ) LPR devices operating under the provisions of this section within the 5.925-7.250 GHz and 24.05-29.00 GHz bands must use an antenna with a −3 dB beamwidth no greater than 12 degrees. ( B ) LPR devices operating under the provisions of this section within the 75-85 GHz band must use an antenna with a −3 dB beamwidth no greater than 8 degrees. ( j ) Antenna side lobe gain. LPR devices operating under the provisions of this section must limit the side lobe antenna gain relative to the main beam gain for off-axis angles from the main beam of greater than 60 degrees to the levels provided in Table 2. Table 2—Antenna Side Lobe Gain Limits Frequency range (GHz) Antenna side lobe gain limit relative to main beam gain (dB) 5.925-7.250 −22 24.05-29.00 −27 75-85 −38 ( k ) Emissions from digital circuitry used to enable the operation of the transmitter may comply with the limits in § 15.209 of this chapter provided it can be clearly demonstrated that those emissions are due solely to emissions from digital circuitry contained within the transmitter and the emissions are not intended to be radiated from the transmitter's antenna. Emissions from associated digital devices, as defined in § 15.3(k) of this part , e.g., emissions from digital circuitry used to control additional functions or capabilities other than the operation of the transmitter, are subject to the limits contained in subpart B, part 15 of this chapter . Emissions from these digital circuits shall not be employed in determining the −10 dB bandwidth of the fundamental emission or the frequency at which the highest emission level occurs. ( l ) Measurement procedures. ( 1 ) Radiated measurements of the fundamental emission bandwidth and power shall be made with maximum main-beam coupling between the LPR and test antennas (boresight). ( 2 ) Measurements of the unwanted emissions radiating from an LPR shall be made utilizing elevation and azimuth scans to determine the location at which the emissions are maximized. ( 3 ) All emissions at and below 1,000 MHz except 9-90 kHz and 110-490 kHz bands are based on measurements employing a CISPR quasi-peak detector. ( 4 ) The fundamental emission bandwidth measurement shall be made using a peak detector with a resolution bandwidth of 1 MHz and a video bandwidth of at least 3 MHz. ( 5 ) The provisions in § 15.35(b) and (c) of this part that require emissions to be averaged over a 100 millisecond period and that limits the peak power to 20 dB above the average limit do not apply to devices operating under paragraphs (a) through (l) of this section. ( 6 ) Compliance measurements for minimum emission bandwidth of frequency-agile LPR devices shall be performed with any related frequency sweep, step, or hop function activated. ( 7 ) Compliance measurements shall be made in accordance with the specific procedures published or otherwise authorized by the Commission. [ 79 FR 12678 , Mar. 6, 2014] § 15.257 Operation within the band 92-95 GHz. ( a ) Operation of devices under the provisions of this section is limited to indoor use; ( 1 ) Devices operating under the provisions of this section, by the nature of their design, must be capable of operation only indoors. The necessity to operate with a fixed indoor infrastructure, e.g., a transmitter that must be connected to the AC power lines, may be considered sufficient to demonstrate this. ( 2 ) The use of outdoor mounted antennas, e.g., antennas mounted on the outside of a building or on a telephone pole, or any other outdoors infrastructure is prohibited. ( 3 ) The emissions from equipment operated under this section shall not be intentionally directed outside of the building in which the equipment is located, such as through a window or a doorway. ( 4 ) Devices operating under the provisions of this section shall bear the following or similar statement in a conspicuous location on the device or in the instruction manual supplied with the device: “This equipment may only be operated indoors. Operation outdoors is in violation of 47 U.S.C. 301 and could subject the operator to serious legal penalties.” ( b ) Operation under the provisions of this section is not permitted on aircraft or satellites. ( c ) Within the 92-95 GHz bands, the emission levels shall not exceed the following: ( 1 ) The average power density of any emission, measured during the transmit interval, shall not exceed 9 uW/sq. cm, as measured at 3 meters from the radiating structure, and the peak power density of any emission shall not exceed 18 uW/sq. cm, as measured 3 meters from the radiating structure. ( 2 ) Peak power density shall be measured with an RF detector that has a detection bandwidth that encompasses the band being used and has a video bandwidth of at least 10 MHz, or uses an equivalent measurement method. ( 3 ) The average emission limits shall be calculated based on the measured peak levels, over the actual time period during which transmission occurs. ( d ) Limits on spurious emissions: ( 1 ) The power density of any emissions outside the band being used shall consist solely of spurious emissions. ( 2 ) Radiated emissions below 40 GHz shall not exceed the general limits in § 15.209 . ( 3 ) Between 40 GHz and 200 GHz, the level of these emissions shall not exceed 90 pW/cm 2 at a distance of 3 meters. ( 4 ) The levels of the spurious emissions shall not exceed the level of the fundamental emission. ( e ) The total peak transmitter output power shall not exceed 500 mW. ( f ) Fundamental emissions must be contained within the frequency bands specified in this section during all conditions of operation. Equipment is presumed to operate over the temperature range −20 to + 50 degrees Celsius with an input voltage variation of 85% to 115% of rated input voltage, unless justification is presented to demonstrate otherwise. ( g ) Radio frequency devices operating under the provisions of this part are subject to the radio frequency radiation exposure requirements specified in §§ 1.1307(b) , 1.1310 , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. ( h ) Any transmitter that has received the necessary FCC equipment authorization under the rules of this chapter may be mounted in a group installation for simultaneous operation with one or more other transmitter(s) that have received the necessary FCC equipment authorization, without any additional equipment authorization. However, no transmitter operating under the provisions of this section may be equipped with external phase-locking inputs that permit beam-forming arrays to be realized. [ 69 FR 3265 , Jan. 23, 2004, as amended at 85 FR 18149 , Apr. 1, 2020] § 15.258 Operation in the bands 116-123 GHz, 174.8-182 GHz, 185-190 GHz and 244-246 GHz. ( a ) Operation on board an aircraft or a satellite is prohibited. ( b ) Emission levels within the 116-123 GHz, 174.8-182 GHz, 185-190 GHz and 244-246 GHz bands shall not exceed the following equivalent isotropically radiated power (EIRP) limits as measured during the transmit interval: ( 1 ) The average power of any emission shall not exceed 40 dBm and the peak power of any emission shall not exceed 43 dBm; or ( 2 ) For fixed point-to-point transmitters located outdoors, the average power of any emission shall not exceed 82 dBm and shall be reduced by 2 dB for every dB that the antenna gain is less than 51 dBi. The peak power of any emission shall not exceed 85 dBm and shall be reduced by 2 dB for every dB that the antenna gain is less than 51 dBi. The provisions in this paragraph (b)(2) for reducing transmit power based on antenna gain shall not require that the power levels be reduced below the limits specified in paragraph (b)(1) of this section. ( 3 ) The peak power shall be measured with a detection bandwidth that encompasses the entire occupied bandwidth within the intended band of operation, e.g., 116-123 GHz, 174.8-182 GHz, 185-190 GHz or 244-246 GHz. The average emission levels shall be measured over the actual time period during which transmission occurs. ( 4 ) Transmitters with an emission bandwidth of less than 100 MHz must limit their peak radiated power to the product of the maximum permissible radiated power (in milliwatts) times their emission bandwidth divided by 100 MHz. For the purposes of this paragraph (b)(4) , emission bandwidth is defined as the instantaneous frequency range occupied by a steady state radiated signal with modulation, outside which the radiated power spectral density never exceeds 6 dB below the maximum radiated power spectral density in the band, as measured with a 100 kHz resolution bandwidth spectrum analyzer. The center frequency must be stationary during the measurement interval, even if not stationary during normal operation ( e.g., for frequency hopping devices). ( c ) Spurious emissions shall be limited as follows: ( 1 ) The power density of any emissions outside the band of operation, e.g., 116-123 GHz, 174.8-182 GHz, 185-190 GHz or 244-246 GHz, shall consist solely of spurious emissions. ( 2 ) Radiated emissions below 40 GHz shall not exceed the general limits in § 15.209 . ( 3 ) Between 40 GHz and the highest frequency specified in § 15.33 , the level of these emissions shall not exceed 90 pW/cm 2 at a distance of 3 meters. ( 4 ) The levels of the spurious emissions shall not exceed the level of the fundamental emission. ( d ) Fundamental emissions must be contained within the frequency bands specified in this section during all conditions of operation. Equipment is presumed to operate over the temperature range −20 to + 50 degrees Celsius with an input voltage variation of 85% to 115% of rated input voltage, unless justification is presented to demonstrate otherwise. ( e ) Regardless of the power density levels permitted under this section, devices operating under the provisions of this section are subject to the radiofrequency radiation exposure requirements specified in §§ 1.1307(b) , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of devices operating under this section must contain a statement confirming compliance with these requirements for both fundamental emissions and unwanted emissions. Technical information showing the basis for this statement must be submitted to the Commission upon request. ( f ) Any transmitter that has received the necessary FCC equipment authorization under the rules of this chapter may be mounted in a group installation for simultaneous operation with one or more other transmitter(s) that have received the necessary FCC equipment authorization, without any additional equipment authorization. However, no transmitter operating under the provisions of this section may be equipped with external phase-locking inputs that permit beam-forming arrays to be realized. ( g ) Measurement procedures that have been found to be acceptable to the Commission in accordance with § 2.947 of this chapter may be used to demonstrate compliance. [ 84 FR 25691 , June 4, 2019] Subpart D—Unlicensed Personal Communications Service Devices Source: 58 FR 59180 , Nov. 8, 1993, unless otherwise noted. § 15.301 Scope. This subpart sets out the regulations for unlicensed personal communications services (PCS) devices operating in the 1920-1930 MHz band. [ 69 FR 77949 , Dec. 29, 2004] § 15.303 Definitions. Asynchronous devices. Devices that transmit RF energy at irregular time intervals, as typified by local area network data systems. Emission bandwidth. For purposes of this subpart the emission bandwidth shall be determined by measuring the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, that are 26 dB down relative to the maximum level of the modulated carrier. Compliance with the emissions limits is based on the use of measurement instrumentation employing a peak detector function with an instrument resolutions bandwidth approximately equal to 1.0 percent of the emission bandwidth of the device under measurement. Isochronous devices. Devices that transmit at a regular interval, typified by time-division voice systems. Peak transmit power. The peak power output as measured over an interval of time equal to the frame rate or transmission burst of the device under all conditions of modulation. Usually this parameter is measured as a conducted emission by direct connection of a calibrated test instrument to the equipment under test. If the device cannot be connected directly, alternative techniques acceptable to the Commission may be used. Personal Communications Services (PCS) Devices [Unlicensed]. Intentional radiators operating in the frequency band 1920-1930 MHz that provide a wide array of mobile and ancillary fixed communication services to individuals and businesses. Spectrum window. An amount of spectrum equal to the intended emission bandwidth in which operation is desired. Thermal noise power. The noise power in watts defined by the formula N = kTB where N is the noise power in watts, K is Boltzmann's constant, T is the absolute temperature in degrees Kelvin (e.g., 295 °K) and B is the emission bandwidth of the device in hertz. Time window. An interval of time in which transmission is desired. [ 58 FR 59180 , Nov. 8, 1993, as amended at 59 FR 32852 , June 24, 1994; 60 FR 13073 , Mar. 10, 1995; 69 FR 62620 , Oct. 27, 2004; 69 FR 77949 , Dec. 29, 2004; 77 FR 43013 , July 23, 2012] § 15.305 Equipment authorization requirement. PCS devices operating under this subpart shall be certified by the Commission under the procedures in subpart J of part 2 of this chapter before marketing. The application for certification must contain sufficient information to demonstrate compliance with the requirements of this subpart. § 15.307 [Reserved] § 15.309 Cross reference. ( a ) The provisions of subpart A of this part apply to unlicensed PCS devices, except where specific provisions are contained in subpart D. ( b ) The requirements of subpart D apply only to the radio transmitter contained in the PCS device. Other aspects of the operation of a PCS device may be subject to requirements contained elsewhere in this chapter. In particular, a PCS device that includes digital circuitry not directly associated with the radio transmitter also is subject to the requirements for unintentional radiators in subpart B. § 15.313 Measurement procedures. Measurements must be made in accordance with subpart A, except where specific procedures are specified in subpart D. If no guidance is provided, the measurement procedure must be in accordance with good engineering practice. § 15.315 Conducted limits. An unlicensed PCS device that is designed to be connected to the public utility (AC) power line must meet the limits specified in § 15.207 . § 15.317 Antenna requirement. An unlicensed PCS device must meet the antenna requirement of § 15.203 . § 15.319 General technical requirements. ( a ) [Reserved] ( b ) All transmissions must use only digital modulation techniques. Both asynchronous and isochronous operations are permitted within the 1920-1930 MHz band. ( c ) Peak transmit power shall not exceed 100 microwatts multiplied by the square root of the emission bandwidth in hertz. Peak transmit power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. ( d ) Power spectral density shall not exceed 3 milliwatts in any 3 kHz bandwidth as measured with a spectrum analyzer having a resolution bandwidth of 3 kHz. ( e ) The peak transmit power shall be reduced by the amount in decibels that the maximum directional gain of the antenna exceeds 3 dBi. ( f ) The device shall automatically discontinue transmission in case of either absence of information to transmit or operational failure. The provisions in this section are not intended to preclude transmission of control and signaling information or use of repetitive codes used by certain digital technologies to complete frame or burst intervals. ( g ) Notwithstanding other technical requirements specified in this subpart, attenuation of emissions below the general emission limits in § 15.209 is not required. ( h ) Where there is a transition between limits, the tighter limit shall apply at the transition point. ( i ) Radio frequency devices operating under the provisions of this part are subject to the radio frequency radiation exposure requirements specified in §§ 1.1307(b) , 1.1310 , 2.1091 , and 2.1093 of this chapter , as appropriate. All equipment shall be considered to operate in a “general population/uncontrolled” environment. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. [ 58 FR 59180 , Nov. 8, 1993, as amended at 59 FR 32852 , June 24, 1994; 59 FR 40835 , Aug. 10, 1994; 60 FR 13073 , Mar. 10, 1995; 61 FR 41018 , Aug. 7, 1996; 69 FR 62621 , Oct. 27, 2004; 69 FR 77949 , Dec. 29, 2004; 77 FR 43013 , July 23, 2012; 85 FR 18149 , Apr. 1, 2020] § 15.321 [Reserved] § 15.323 Specific requirements for devices operating in the 1920-1930 MHz band. ( a ) Operation shall be contained within the 1920-1930 MHz band. The emission bandwidth shall be less than 2.5 MHz. The power level shall be as specified in § 15.319(c) , but in no event shall the emission bandwidth be less than 50 kHz. ( b ) [Reserved] ( c ) Devices must incorporate a mechanism for monitoring the time and spectrum windows that its transmission is intended to occupy. The following criteria must be met: ( 1 ) Immediately prior to initiating transmission, devices must monitor the combined time and spectrum windows in which they intend to transmit for a period of at least 10 milliseconds for systems designed to use a 10 milliseconds or shorter frame period or at least 20 milliseconds for systems designed to use a 20 milliseconds frame period. ( 2 ) The monitoring threshold must not be more than 30 dB above the thermal noise power for a bandwidth equivalent to the emission bandwidth used by the device. ( 3 ) If no signal above the threshold level is detected, transmission may commence and continue with the same emission bandwidth in the monitored time and spectrum windows without further monitoring. However, occupation of the same combined time and spectrum windows by a device or group of cooperating devices continuously over a period of time longer than 8 hours is not permitted without repeating the access criteria. ( 4 ) Once access to specific combined time and spectrum windows is obtained an acknowledgment from a system participant must be received by the initiating transmitter within one second or transmission must cease. Periodic acknowledgments must be received at least every 30 seconds or transmission must cease. Channels used exclusively for control and signaling information may transmit continuously for 30 seconds without receiving an acknowledgment, at which time the access criteria must be repeated. ( 5 ) If access to spectrum is not available as determined by the above, and a minimum of 20 duplex system access channels are defined for the system, the time and spectrum windows with the lowest power level may be accessed. A device utilizing the provisions of this paragraph must have monitored all access channels defined for its system within the last 10 seconds and must verify, within the 20 milliseconds (40 milliseconds for devices designed to use a 20 milliseconds frame period) immediately preceding actual channel access that the detected power of the selected time and spectrum windows is no higher than the previously detected value. The power measurement resolution for this comparison must be accurate to within 6 dB. No device or group of co-operating devices located within 1 meter of each other shall during any frame period occupy more than 6 MHz of aggregate bandwidth, or alternatively, more than one third of the time and spectrum windows defined by the system. ( 6 ) If the selected combined time and spectrum windows are unavailable, the device may either monitor and select different windows or seek to use the same windows after waiting an amount of time, randomly chosen from a uniform random distribution between 10 and 150 milliseconds, commencing when the channel becomes available. ( 7 ) The monitoring system bandwidth must be equal to or greater than the emission bandwidth of the intended transmission and have a maximum reaction time less than 50xSQRT (1.25/emission bandwidth in MHz) microseconds for signals at the applicable threshold level but shall not be required to be less than 50 microseconds. If a signal is detected that is 6 dB or more above the applicable threshold level, the maximum reaction time shall be 35xSQRT (1.25/emission bandwidth in MHz) microseconds but shall not be required to be less than 35 microseconds. ( 8 ) The monitoring system shall use the same antenna used for transmission, or an antenna that yields equivalent reception at that location. ( 9 ) Devices that have a power output lower than the maximum permitted under this subpart may increase their monitoring detection threshold by one decibel for each one decibel that the transmitter power is below the maximum permitted. ( 10 ) An initiating device may attempt to establish a duplex connection by monitoring both its intended transmit and receive time and spectrum windows. If both the intended transmit and receive time and spectrum windows meet the access criteria, then the initiating device can initiate a transmission in the intended transmit time and spectrum window. If the power detected by the responding device can be decoded as a duplex connection signal from the initiating device, then the responding device may immediately begin transmitting on the receive time and spectrum window monitored by the initiating device. ( 11 ) An initiating device that is prevented from monitoring during its intended transmit window due to monitoring system blocking from the transmissions of a co-located (within one meter) transmitter of the same system, may monitor the portions of the time and spectrum windows in which they intend to receive over a period of at least 10 milliseconds. The monitored time and spectrum window must total at least 50 percent of the 10 millisecond frame interval and the monitored spectrum must be within 1.25 MHz of the center frequency of channel(s) already occupied by that device or co-located co-operating devices. If the access criteria is met for the intended receive time and spectrum window under the above conditions, then transmission in the intended transmit window by the initiating device may commence. ( 12 ) The provisions of (c)(10) or (c)(11) of this section shall not be used to extend the range of spectrum occupied over space or time for the purpose of denying fair access to spectrum to other devices. ( d ) Emissions outside the band shall be attenuated below a reference power of 112 milliwatts as follows: 30 dB between the band and 1.25 MHz above or below the band; 50 dB between 1.25 and 2.5 MHz above or below the band; and 60 dB at 2.5 MHz or greater above or below the band. Emissions inside the band must comply with the following emission mask: In the bands between 1B and 2B measured from the center of the emission bandwidth the total power emitted by the device shall be at least 30 dB below the transmit power permitted for that device; in the bands between 2B and 3B measured from the center of the emission bandwidth the total power emitted by an intentional radiator shall be at least 50 dB below the transmit power permitted for that radiator; in the bands between 3B and the band edge the total power emitted by an intentional radiator in the measurement bandwidth shall be at least 60 dB below the transmit power permitted for that radiator. B” is defined as the emission bandwidth of the device in hertz. Compliance with the emission limits is based on the use of measurement instrumentation employing peak detector function with an instrument resolution bandwidth approximately equal to 1.0 percent of the emission bandwidth of the device under measurement. ( e ) The frame period (a set of consecutive time slots in which the position of each time slot can be identified by reference to a synchronizing source) of an intentional radiator operating in this band shall be 20 milliseconds or 10 milliseconds/X where X is a positive whole number. Each device that implements time division for the purposes of maintaining a duplex connection on a given frequency carrier shall maintain a frame repetition rate with a frequency stability of at least 50 parts per million (ppm). Each device which further divides access in time in order to support multiple communication links on a given frequency carrier shall maintain a frame repetition rate with a frequency stability of at least 10 ppm. The jitter (time-related, abrupt, spurious variations in the duration of the frame interval) introduced at the two ends of such a communication link shall not exceed 25 microseconds for any two consecutive transmissions. Transmissions shall be continuous in every time and spectrum window during the frame period defined for the device. ( f ) The frequency stability of the carrier frequency of the intentional radiator shall be maintained within ±10 ppm over 1 hour or the interval between channel access monitoring, whichever is shorter. The frequency stability shall be maintained over a temperature variation of −20° to + 50 °C at normal supply voltage, and over a variation in the primary supply voltage of 85 percent to 115 percent of the rated supply voltage at a temperature of 20 °C. For equipment that is capable only of operating from a battery, the frequency stability tests shall be performed using a new battery without any further requirement to vary supply voltage. [ 58 FR 59180 , Nov. 8, 1993; 59 FR 15269 , Mar. 31, 1994. Redesignated at 59 FR 32852 , June 24, 1994, as amended at 59 FR 32853 , June 24, 1994; 59 FR 40835 , Aug. 10, 1994; 59 FR 55373 , Nov. 7, 1994; 60 FR 3303 , Jan. 13, 1995; 69 FR 62621 , Oct. 27, 2004; 77 FR 43013 , July 23, 2012] Subpart E—Unlicensed National Information Infrastructure Devices § 15.401 Scope. This subpart sets out the regulations for Unlicensed National Information Infrastructure (U-NII) devices operating in the 5.15-5.35 GHz, 5.47-5.895 GHz bands, and 5.925-7.125 GHz bands. [ 86 FR 23295 , May 3, 2021] § 15.403 Definitions. Access Point (AP). A U-NII transceiver that operates either as a bridge in a peer-to-peer connection or as a connector between the wired and wireless segments of the network or as a relay between wireless network segments. Automated Frequency Coordination (AFC) System. A system that automatically determines and provides lists of which frequencies are available for use by standard power access points operating in the 5.925-6.425 GHz and 6.525-6.875 GHz bands. Available Channel. A radio channel on which a Channel Availability Check has not identified the presence of a radar. Average Symbol Envelope Power. The average symbol envelope power is the average, taken over all symbols in the signaling alphabet, of the envelope power for each symbol. Channel Availability Check. A check during which the U-NII device listens on a particular radio channel to identify whether there is a radar operating on that radio channel. Channel Move Time. The time needed by a U-NII device to cease all transmissions on the current channel upon detection of a radar signal above the DFS detection threshold. Client Device. A U-NII device whose transmissions are generally under the control of an access point and is not capable of initiating a network Contention-based protocol. A protocol that allows multiple users to share the same spectrum by defining the events that must occur when two or more transmitters attempt to simultaneously access the same channel and establishing rules by which a transmitter provides reasonable opportunities for other transmitters to operate. Such a protocol may consist of procedures for initiating new transmissions, procedures for determining the state of the channel (available or unavailable), and procedures for managing retransmissions in the event of a busy channel. Digital modulation. The process by which the characteristics of a carrier wave are varied among a set of predetermined discrete values in accordance with a digital modulating function as specified in document ANSI C63.17-1998. Dynamic Frequency Selection (DFS) is a mechanism that dynamically detects signals from other systems and avoids co-channel operation with these systems, notably radar systems. DFS Detection Threshold. The required detection level defined by detecting a received signal strength (RSS) that is greater than a threshold specified, within the U-NII device channel bandwidth. Emission bandwidth. For purposes of this subpart the emission bandwidth is determined by measuring the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, that are 26 dB down relative to the maximum level of the modulated carrier. Fixed client device. For the purpose of this subpart, a client device intended as customer premise equipment that is permanently attached to a structure, operates only on channels provided by an AFC, has a geolocation capability, and complies with antenna pointing angle requirements. Indoor Access Point. For the purpose of this subpart, an access point that operates in the 5.850-5.895 GHz or the 5.925-7.125 GHz band, is supplied power from a wired connection, has an integrated antenna, is not battery powered, and does not have a weatherized enclosure. Indoor access point devices must bear the following statement in a conspicuous location on the device and in the user's manual: FCC regulations restrict operation of this device to indoor use only. In-Service Monitoring. A mechanism to check a channel in use by the U-NII device for the presence of a radar. Non-Occupancy Period. The required period in which, once a channel has been recognized as containing a radar signal by a U-NII device, the channel will not be selected as an available channel. Operating Channel. Once a U-NII device starts to operate on an Available Channel then that channel becomes the Operating Channel. Maximum Power Spectral Density. The maximum power spectral density is the maximum power spectral density, within the specified measurement bandwidth, within the U-NII device operating band. Maximum Conducted Output Power. The total transmit power delivered to all antennas and antenna elements averaged across all symbols in the signaling alphabet when the transmitter is operating at its maximum power control level. Power must be summed across all antennas and antenna elements. The average must not include any time intervals during which the transmitter is off or is transmitting at a reduced power level. If multiple modes of operation are possible ( e.g., alternative modulation methods), the maximum conducted output power is the highest total transmit power occurring in any mode. Power Spectral Density. The power spectral density is the total energy output per unit bandwidth from a pulse or sequence of pulses for which the transmit power is at its maximum level, divided by the total duration of the pulses. This total time does not include the time between pulses during which the transmit power is off or below its maximum level. Pulse. A pulse is a continuous transmission of a sequence of modulation symbols, during which the average symbol envelope power is constant. RLAN. Radio Local Area Network. Standard Power Access Point. An access point that operates in the 5.925-6.425 GHz and 6.525-6.875 GHz bands pursuant to direction from an Automated Frequency Coordination System. Subordinate Device. For the purpose of this subpart, a device that operates in the 5.850-5.895 GHz band or in the 5.925-7.125 GHz band under the control of an Indoor Access Point, is supplied power from a wired connection, has an integrated antenna, is not battery powered, does not have a weatherized enclosure, and does not have a direct connection to the internet. Subordinate devices must not be used to connect devices between separate buildings or structures. Subordinate devices must be authorized under certification procedures in part 2 of this chapter . Modules may not be certified as subordinate devices. Transmit Power Control (TPC). A feature that enables a U-NII device to dynamically switch between several transmission power levels in the data transmission process. U-NII devices. Intentional radiators operating in the frequency bands 5.15-5.35 GHz, 5.47-5.895 GHz, and 5.925-7.125 GHz that use wideband digital modulation techniques and provide a wide array of high data rate mobile and fixed communications for individuals, businesses, and institutions. Very low power device. For the purpose of this subpart, a device that operates in the 5.925-6.425 GHz and 6.525-6.875 GHz bands and has an integrated antenna. These devices do not need to operate under the control of an access point. [ 85 FR 31410 , May 26, 2020, as amended at 86 FR 23295 , May 3, 2021; 89 FR 890 , Jan. 8, 2024] § 15.405 Cross reference. ( a ) The provisions of subparts A , B , and C of this part apply to unlicensed U-NII devices, except where specific provisions are contained in subpart E. Manufacturers should note that this includes the provisions of §§ 15.203 and 15.205 . ( b ) The requirements of subpart E apply only to the radio transmitter contained in the U-NII device. Other aspects of the operation of a U-NII device may be subject to requirements contained elsewhere in this chapter. In particular, a U-NII device that includes digital circuitry not directly associated with the radio transmitter also is subject to the requirements for unintentional radiators in subpart B. [ 63 FR 40835 , July 31, 1998] § 15.407 General technical requirements. ( a ) Power limits: ( 1 ) ( i ) For an outdoor access point operating in the band 5.15-5.25 GHz, the maximum conducted output power over the frequency band of operation shall not exceed 1 W provided the maximum antenna gain does not exceed 6 dBi. In addition, the maximum power spectral density shall not exceed 17 dBm in any 1 megahertz band. If transmitting antennas of directional gain greater than 6 dBi are used, both the maximum conducted output power and the maximum power spectral density shall be reduced by the amount in dB that the directional gain of the antenna exceeds 6 dBi. The maximum e.i.r.p. at any elevation angle above 30 degrees as measured from the horizon must not exceed 125 mW (21 dBm). ( ii ) For an indoor access point operating in the band 5.15-5.25 GHz, the maximum conducted output power over the frequency band of operation shall not exceed 1 W provided the maximum antenna gain does not exceed 6 dBi. In addition, the maximum power spectral density shall not exceed 17 dBm in any 1 megahertz band. If transmitting antennas of directional gain greater than 6 dBi are used, both the maximum conducted output power and the maximum power spectral density shall be reduced by the amount in dB that the directional gain of the antenna exceeds 6 dBi. ( iii ) For fixed point-to-point access points operating in the band 5.15-5.25 GHz, the maximum conducted output power over the frequency band of operation shall not exceed 1 W. In addition, the maximum power spectral density shall not exceed 17 dBm in any 1 megahertz band. Fixed point-to-point U-NII devices may employ antennas with directional gain up to 23 dBi without any corresponding reduction in the maximum conducted output power or maximum power spectral density. For fixed point-to-point transmitters that employ a directional antenna gain greater than 23 dBi, a 1 dB reduction in maximum conducted output power and maximum power spectral density is required for each 1 dB of antenna gain in excess of 23 dBi. Fixed, point-to-point operations exclude the use of point-to-multipoint systems, omnidirectional applications, and multiple collocated transmitters transmitting the same information. The operator of the U-NII device, or if the equipment is professionally installed, the installer, is responsible for ensuring that systems employing high gain directional antennas are used exclusively for fixed, point-to-point operations. ( iv ) For client devices in the 5.15-5.25 GHz band, the maximum conducted output power over the frequency band of operation shall not exceed 250 mW provided the maximum antenna gain does not exceed 6 dBi. In addition, the maximum power spectral density shall not exceed 11 dBm in any 1 megahertz band. If transmitting antennas of directional gain greater than 6 dBi are used, both the maximum conducted output power and the maximum power spectral density shall be reduced by the amount in dB that the directional gain of the antenna exceeds 6 dBi. ( 2 ) For the 5.25-5.35 GHz and 5.47-5.725 GHz bands, the maximum conducted output power over the frequency bands of operation shall not exceed the lesser of 250 mW or 11 dBm + 10 log B, where B is the 26 dB emission bandwidth in megahertz. In addition, the maximum power spectral density shall not exceed 11 dBm in any 1 megahertz band. If transmitting antennas of directional gain greater than 6 dBi are used, both the maximum conducted output power and the maximum power spectral density shall be reduced by the amount in dB that the directional gain of the antenna exceeds 6 dBi. ( 3 ) ( i ) For the band 5.725-5.850 GHz, the maximum conducted output power over the frequency band of operation shall not exceed 1 W. In addition, the maximum power spectral density shall not exceed 30 dBm in any 500-kHz band. If transmitting antennas of directional gain greater than 6 dBi are used, both the maximum conducted output power and the maximum power spectral density shall be reduced by the amount in dB that the directional gain of the antenna exceeds 6 dBi. However, fixed point-to-point U-NII devices operating in this band may employ transmitting antennas with directional gain greater than 6 dBi without any corresponding reduction in transmitter conducted power. Fixed, point-to-point operations exclude the use of point-to-multipoint systems, omnidirectional applications, and multiple collocated transmitters transmitting the same information. The operator of the U-NII device, or if the equipment is professionally installed, the installer, is responsible for ensuring that systems employing high gain directional antennas are used exclusively for fixed, point-to-point operations. ( ii ) For an indoor access point operating in the 5.850-5.895 GHz band, the maximum power spectral density must not exceed 20 dBm e.i.r.p. in any 1-megahertz band. In addition, the maximum e.i.r.p. over the frequency band of operation must not exceed 36 dBm. Indoor access points operating on a channel that spans the 5.725-5.850 GHz and 5.850-5.895 GHz bands must not exceed an e.i.r.p. of 36 dBm. ( iii ) For client devices operating under the control of an indoor access point in the 5.850-5.895 GHz band, the maximum power spectral density must not exceed 14 dBm e.i.r.p. in any 1-megahertz band, and the maximum e.i.r.p. over the frequency band of operation must not exceed 30 dBm. Client devices operating on a channel that spans the 5.725-5.850 GHz and 5.850-5.895 GHz bands must not exceed an e.i.r.p. of 30 dBm. ( iv ) For a subordinate device operating under the control of an indoor access point in the 5.850-5.895 GHz band, the maximum power spectral density must not exceed 20 dBm e.i.r.p in any 1-megahertz band, and the maximum e.i.r.p. over the frequency band of operation must not exceed 36 dBm. ( v ) In the 5.850-5.895 GHz band, client devices must operate under the control of an indoor access point. In all cases, an exception exists for transmitting brief messages to an access point when attempting to join its network after detecting a signal that confirms that an access point is operating on a particular channel. Access points may connect to other access points. Client devices are prohibited from connecting directly to another client device. Note to paragraph ( a )(3): The Commission strongly recommends that parties employing U-NII devices to provide critical communications services should determine if there are any nearby Government radar systems that could affect their operation. ( 4 ) For a standard power access point and fixed client device operating in the 5.925-6.425 GHz and 6.525-6.875 GHz bands, the maximum power spectral density must not exceed 23 dBm e.i.r.p in any 1-megahertz band. In addition, the maximum e.i.r.p. over the frequency band of operation must not exceed 36 dBm. For outdoor devices, the maximum e.i.r.p. at any elevation angle above 30 degrees as measured from the horizon must not exceed 125 mW (21 dBm). ( 5 ) For an indoor access point operating in the 5.925-7.125 GHz band, the maximum power spectral density must not exceed 5 dBm e.i.r.p. in any 1-megahertz band. In addition, the maximum e.i.r.p. over the frequency band of operation must not exceed 30 dBm. ( 6 ) For a subordinate device operating under the control of an indoor access point in the 5.925-7.125 GHz band, the maximum power spectral density must not exceed 5 dBm e.i.r.p in any 1-megahertz band, and the maximum e.i.r.p. over the frequency band of operation must not exceed 30 dBm. ( 7 ) For client devices, except for fixed client devices as defined in this subpart, operating under the control of a standard power access point in 5.925-6.425 GHz and 6.525-6.875 GHz bands, the maximum power spectral density must not exceed 17 dBm e.i.r.p. in any 1-megahertz band, and the maximum e.i.r.p. over the frequency band of operation must not exceed 30 dBm and the device must limit its power to no more than 6 dB below its associated standard power access point's authorized transmit power. ( 8 ) For client devices operating under the control of an indoor access point in the 5.925-7.125 GHz bands, the maximum power spectral density must not exceed −1 dBm e.i.r.p. in any 1-megahertz band, and the maximum e.i.r.p. over the frequency band of operation must not exceed 24 dBm. ( 9 ) For very low power devices operating in the 5.925-6.425 GHz and 6.525-6.875 GHz bands, the maximum power spectral density must not exceed −5 dBm e.i.r.p in any 1-megahertz band and the maximum e.i.r.p must not exceed 14 dBm. ( 10 ) Access points operating under the provisions of paragraphs (a)(5) and (a)(6) of this section must employ a permanently attached integrated antenna. ( 11 ) The maximum transmitter channel bandwidth for U-NII devices in the 5.925-7.125 GHz band is 320 megahertz. ( 12 ) The maximum conducted output power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. ( 13 ) Power spectral density measurement: The maximum power spectral density is measured as a conducted emission by direct connection of a calibrated test instrument to the equipment under test. If the device cannot be connected directly, alternative techniques acceptable to the Commission may be used. Measurements in the 5.725-5.895 GHz band are made over a reference bandwidth of 500 kHz or the 26 dB emission bandwidth of the device, whichever is less. Measurements in all other bands are made over a bandwidth of 1 MHz or the 26 dB emission bandwidth of the device, whichever is less. A narrower resolution bandwidth can be used, provided that the measured power is integrated over the full reference bandwidth. ( b ) Undesirable emission limits. Except as shown in paragraph (b)(10) of this section, the maximum emissions outside of the frequency bands of operation shall be attenuated in accordance with the following limits: ( 1 ) For transmitters operating in the 5.15-5.25 GHz band: All emissions outside of the 5.15-5.35 GHz band shall not exceed an e.i.r.p. of −27 dBm/MHz. ( 2 ) For transmitters operating in the 5.25-5.35 GHz band: All emissions outside of the 5.15-5.35 GHz band shall not exceed an e.i.r.p. of −27 dBm/MHz. ( 3 ) For transmitters operating in the 5.47-5.725 GHz band: All emissions outside of the 5.47-5.725 GHz band shall not exceed an e.i.r.p. of −27 dBm/MHz. ( 4 ) For transmitters operating solely in the 5.725-5.850 GHz band: ( i ) All emissions shall be limited to a level of −27 dBm/MHz at 75 MHz or more above or below the band edge increasing linearly to 10 dBm/MHz at 25 MHz above or below the band edge, and from 25 MHz above or below the band edge increasing linearly to a level of 15.6 dBm/MHz at 5 MHz above or below the band edge, and from 5 MHz above or below the band edge increasing linearly to a level of 27 dBm/MHz at the band edge. ( ii ) Devices certified before March 2, 2017 with antenna gain greater than 10 dBi may demonstrate compliance with the emission limits in § 15.247(d) , but manufacturing, marketing and importing of devices certified under this alternative must cease by March 2, 2018. Devices certified before March 2, 2018 with antenna gain of 10 dBi or less may demonstrate compliance with the emission limits in § 15.247(d) , but manufacturing, marketing and importing of devices certified under this alternative must cease before March 2, 2020. ( 5 ) For transmitters operating solely in the 5.850-5.895 GHz band or operating on a channel that spans across 5.725-5.895 GHz: ( i ) For an indoor access point or subordinate device, all emissions at or above 5.895 GHz shall not exceed an e.i.r.p. of 15 dBm/MHz and shall decrease linearly to an e.i.r.p. of −7 dBm/MHz at or above 5.925 GHz. ( ii ) For a client device, all emissions at or above 5.895 GHz shall not exceed an e.i.r.p. of −5 dBm/MHz and shall decrease linearly to an e.i.r.p. of −27 dBm/MHz at or above 5.925 GHz. ( iii ) For a client device or indoor access point or subordinate device, all emissions below 5.725 GHz shall not exceed an e.i.r.p. of −27 dBm/MHz at 5.65 GHz increasing linearly to 10 dBm/MHz at 5.7 GHz, and from 5.7 GHz increasing linearly to a level of 15.6 dBm/MHz at 5.72 GHz, and from 5.72 GHz increasing linearly to a level of 27 dBm/MHz at 5.725 GHz. ( 6 ) For transmitters operating within the 5.925-7.125 GHz band: Any emissions outside of the 5.925-7.125 GHz band must not exceed an e.i.r.p. of −27 dBm/MHz. ( 7 ) For transmitters operating within the 5.925-7.125 GHz bands: Power spectral density must be suppressed by 20 dB at 1 MHz outside of channel edge, by 28 dB at one channel bandwidth from the channel center, and by 40 dB at one- and one-half times the channel bandwidth away from channel center. At frequencies between one megahertz outside an unlicensed device's channel edge and one channel bandwidth from the center of the channel, the limits must be linearly interpolated between 20 dB and 28 dB suppression, and at frequencies between one and one- and one-half times an unlicensed device's channel bandwidth, the limits must be linearly interpolated between 28 dB and 40 dB suppression. Emissions removed from the channel center by more than one- and one-half times the channel bandwidth must be suppressed by at least 40 dB. ( 8 ) The emission measurements shall be performed using a minimum resolution bandwidth of 1 MHz. A lower resolution bandwidth may be employed near the band edge, when necessary, provided the measured energy is integrated to show the total power over 1 MHz. ( 9 ) Unwanted emissions below 1 GHz must comply with the general field strength limits set forth in § 15.209 . Further, any U-NII devices using an AC power line are required to comply also with the conducted limits set forth in § 15.207 . ( 10 ) The provisions of § 15.205 apply to intentional radiators operating under this section. ( 11 ) When measuring the emission limits, the nominal carrier frequency shall be adjusted as close to the upper and lower frequency band edges as the design of the equipment permits. ( c ) Transmission discontinuation requirement. The device shall automatically discontinue transmission in case of either absence of information to transmit or operational failure. The provisions in this paragraph (c) are not intended to preclude the transmission of control or signaling information or the use of repetitive codes used by certain digital technologies to complete frame or burst intervals. Applicants shall include in their application for equipment authorization a description of how the requirement in this paragraph (c) is met. ( d ) Operational restrictions for 6 GHz U-NII devices. ( 1 ) Operational restrictions include: ( i ) Oil platforms. Operation of standard power access points, fixed client devices, very low power devices, and indoor access points in the 5.925-7.125 GHz band is prohibited on oil platforms. ( ii ) Land vehicles. Operation of standard power access points, fixed client devices, and indoor access points in the 5.925-7.125 GHz band is prohibited on vehicles ( e.g., cars, trains). ( iii ) Boats. Operation of standard power access points, fixed client devices, and indoor access points in the 5.925-7.125 GHz band is prohibited on boats. ( iv ) Aircraft. Standard power access points, fixed client devices, very low power devices, and indoor access points in the 5.925-7.125 GHz band are prohibited from operating on aircraft, except that very low power devices and indoor access points are permitted to operate in the 5.925-6.425 GHz bands in large aircraft while flying above 10,000 feet. ( v ) Unmanned aircraft systems. Operation of transmitters in the 5.925-7.125 GHz band is prohibited for control of or communications with unmanned aircraft systems. ( 2 ) [Reserved] ( 3 ) Transmitters operating under the provisions of paragraphs (a)(5) , (a)(6) , and (a)(8) of this section are limited to indoor locations. ( 4 ) In the 5.925-7.125 GHz band, indoor access points and subordinate devices must bear the following statement in a conspicuous location on the device and in the user's manual: FCC regulations restrict operation of this device to indoor use only. The operation of this device is prohibited on oil platforms, cars, trains, boats, and aircraft, except that operation of this device is permitted in large aircraft while flying above 10,000 feet. ( 5 ) In the 5.925-7.125 GHz band, client devices, except fixed client devices, must operate under the control of a standard power access point, indoor access point or subordinate devices; Subordinate devices must operate under the control of an indoor access point. In all cases, an exception exists for transmitting brief messages to an access point when attempting to join its network after detecting a signal that confirms that an access point is operating on a particular channel. Access points and subordinate devices may connect to other access points or subordinate devices. Client devices are prohibited from connecting directly to another client device. ( 6 ) All U-NII transmitters, except for standard power access points and fixed client devices, operating in the 5.925-7.125 GHz band must employ a contention-based protocol. ( 7 ) Fixed client devices may only connect to a standard power access point. ( 8 ) Very low power devices may not employ a fixed outdoor infrastructure. Such devices may not be mounted on outdoor structures, such as buildings or poles. ( 9 ) Very low power devices must prioritize operations on frequencies above 6.105 GHz prior to operating on frequencies between 5.925 GHz and 6.105 GHz. ( 10 ) Very low power devices operating in the 5.925-6.425 and 6.525-6.875 GHz bands shall employ a transmit power control (TPC) mechanism. A very low power device is required to have the capability to operate at least 6 dB below the maximum EIRP power spectral density (PSD) value of −5 dBm/MHz. ( e ) Within the 5.725-5.850 GHz and 5.850-5.895 GHz bands, the minimum 6 dB bandwidth of U-NII devices shall be at least 500 kHz. ( f ) Radio frequency devices operating under the provisions of this part are subject to the radio frequency radiation exposure requirements specified in §§ 1.1307(b) , 1.1310 , 2.1091 , and 2.1093 of this chapter , as appropriate. All equipment shall be considered to operate in a “general population/uncontrolled” environment. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. ( g ) Manufacturers of U-NII devices are responsible for ensuring frequency stability such that an emission is maintained within the band of operation under all conditions of normal operation as specified in the users manual. ( h ) Transmit Power Control (TPC) and Dynamic Frequency Selection (DFS). ( 1 ) Transmit power control (TPC). U-NII devices operating in the 5.25-5.35 GHz band and the 5.47-5.725 GHz band shall employ a TPC mechanism. The U-NII device is required to have the capability to operate at least 6 dB below the mean EIRP value of 30 dBm. A TPC mechanism is not required for systems with an e.i.r.p. of less than 500 mW. ( 2 ) Radar Detection Function of Dynamic Frequency Selection (DFS). U-NII devices operating with any part of its 26 dB emission bandwidth in the 5.25-5.35 GHz and 5.47-5.725 GHz bands shall employ a DFS radar detection mechanism to detect the presence of radar systems and to avoid co-channel operation with radar systems. Operators shall only use equipment with a DFS mechanism that is turned on when operating in these bands. The device must sense for radar signals at 100 percent of its emission bandwidth. The minimum DFS detection threshold for devices with a maximum e.i.r.p. of 200 mW to 1 W is −64 dBm. For devices that operate with less than 200 mW e.i.r.p. and a power spectral density of less than 10 dBm in a 1 MHz band, the minimum detection threshold is −62 dBm. The detection threshold is the received power averaged over 1 microsecond referenced to a 0 dBi antenna. For the initial channel setting, the manufacturers shall be permitted to provide for either random channel selection or manual channel selection. ( i ) Operational Modes. The DFS requirement applies to the following operational modes: ( A ) The requirement for channel availability check time applies in the master operational mode. ( B ) The requirement for channel move time applies in both the master and slave operational modes. ( ii ) Channel Availability Check Time. A U-NII device shall check if there is a radar system already operating on the channel before it can initiate a transmission on a channel and when it has to move to a new channel. The U-NII device may start using the channel if no radar signal with a power level greater than the interference threshold values listed in paragraph (h)(2) of this section, is detected within 60 seconds. ( iii ) Channel Move Time. After a radar's presence is detected, all transmissions shall cease on the operating channel within 10 seconds. Transmissions during this period shall consist of normal traffic for a maximum of 200 ms after detection of the radar signal. In addition, intermittent management and control signals can be sent during the remaining time to facilitate vacating the operating channel. ( iv ) Non-occupancy Period. A channel that has been flagged as containing a radar system, either by a channel availability check or in-service monitoring, is subject to a non-occupancy period of at least 30 minutes. The non-occupancy period starts at the time when the radar system is detected. ( i ) Device Security. All U-NII devices must contain security features to protect against modification of software by unauthorized parties. ( 1 ) Manufacturers must implement security features in any digitally modulated devices capable of operating in any of the U-NII bands, so that third parties are not able to reprogram the device to operate outside the parameters for which the device was certified. The software must prevent the user from operating the transmitter with operating frequencies, output power, modulation types or other radio frequency parameters outside those that were approved for the device. Manufacturers may use means including, but not limited to the use of a private network that allows only authenticated users to download software, electronic signatures in software or coding in hardware that is decoded by software to verify that new software can be legally loaded into a device to meet these requirements and must describe the methods in their application for equipment authorization. ( 2 ) Manufacturers must take steps to ensure that DFS functionality cannot be disabled by the operator of the U-NII device. ( j ) Operator Filing Requirement: Before deploying an aggregate total of more than one thousand outdoor access points within the 5.15-5.25 GHz band, parties must submit a letter to the Commission acknowledging that, should harmful interference to licensed services in this band occur, they will be required to take corrective action. Corrective actions may include reducing power, turning off devices, changing frequency bands, and/or further reducing power radiated in the vertical direction. This material shall be submitted to Laboratory Division, Office of Engineering and Technology, Federal Communications Commission, 7435 Oakland Mills Road, Columbia, MD 21046. Attn: U-NII Coordination, or via Web site at https://www.fcc.gov/labhelp with the SUBJECT LINE: “U-NII-1 Filing”. ( k ) Automated frequency coordination (AFC) system. ( 1 ) Standard power access points and fixed client devices operating under paragraph (a)(4) of this section must access an AFC system to determine the available frequencies and the maximum permissible power in each frequency range at their geographic coordinates prior to transmitting. Standard power access points and fixed client devices may transmit only on frequencies and at power levels that an AFC system indicates as available. ( 2 ) An AFC system must be capable of determining the available frequencies in steps of no greater than 3 dB below the maximum permissible e.i.r.p of 36 dBm, and down to at least a minimum level of 21 dBm. ( 3 ) An AFC system must obtain information on protected services within the 5.925-6.425 GHz and 6.525-6.875 GHz bands from Commission databases and use that information to determine frequency availability for standard power access points and fixed client devices based on protection criteria specified in paragraph (l)(2) of this section. ( 4 ) An AFC system must use the information supplied by standard power access points and fixed client devices during registration, as set forth in this section, to determine available frequencies and the maximum permissible power in each frequency range for a standard power access point at any given location. All such determinations and assignments must be made in a non-discriminatory manner, consistent with this part. ( 5 ) An AFC system must store registered information in a secure database until a standard power access point or fixed client device ceases operation at a location. For the purpose of this paragraph, a standard power access point or fixed client device is considered to have ceased operation when that device has not contacted the AFC system for more than three months to verify frequency availability information. ( 6 ) An AFC system must verify the validity of the FCC identifier (FCC ID) of any standard power access point and fixed client device seeking access to its services prior to authorizing the access point to begin operation. A list of standard power access points with valid FCC IDs and the FCC IDs of those devices must be obtained from the Commission's Equipment Authorization System. ( 7 ) The general purposes of AFC system include: ( i ) Enacting all policies and procedures developed by the AFC system operators pursuant to this section. ( ii ) Registering, authenticating, and authorizing standard power access point and fixed client device operations, individually or through a network element device representing multiple standard power access points from the same operating network. ( iii ) Providing standard power access points and fixed client devices with the permissible frequencies and the maximum permissible power in each frequency range at their locations using propagation models and interference protection criteria defined in paragraph (l) of this section. ( iv ) Obtaining updated protected sites information from Commission databases. ( 8 ) Standard power access points and fixed client devices: ( i ) Must register with and be authorized by an AFC system prior to the standard power access point and fixed client device's initial service transmission, or after a standard power access point or fixed client device changes location, and must obtain a list of available frequencies and the maximum permissible power in each frequency range at the standard power access point and fixed client device's location. ( ii ) Must register with the AFC system by providing the following parameters: Geographic coordinates (latitude and longitude referenced to North American Datum 1983 (NAD 83)), antenna height above ground level, FCC identification number, and unique manufacturer's serial number. If any of these parameters change, the standard power access point or fixed client device must provide updated parameters to the AFC system. All information provided by the standard power access point and the fixed client device to the AFC system must be true, complete, correct, and made in good faith. ( iii ) Must provide the registration information to the AFC system either directly and individually or by a network element representing multiple standard power access points or fixed client devices from the same operating network. The standard power access point, fixed client device or its network element must register with the AFC system via any communication link, wired or wireless, outside 5.925-6.425 GHz and 6.525-6.875 GHz bands. ( iv ) Must contact an AFC system at least once per day to obtain the latest list of available frequencies and the maximum permissible power the standard power access point or fixed client device may operate with on each frequency at the standard power access point and fixed client device's location. If the standard power access point or fixed client device fails to successfully contact the AFC system during any given day, the standard power access point or fixed client device may continue to operate until 11:59 p.m. of the following day at which time it must cease operations until it re-establishes contact with the AFC system and re-verifies its list of available frequencies and associated power levels. ( v ) Must incorporate adequate security measures to prevent it from accessing AFC systems not approved by the FCC and to ensure that unauthorized parties cannot modify the device to operate in a manner inconsistent with the rules and protection criteria set forth in this section and to ensure that communications between standard power access points, fixed client devices and AFC systems are secure to prevent corruption or unauthorized interception of data. Additionally, the AFC system must incorporate security measures to protect against unauthorized data input or alteration of stored data, including establishing communications authentication procedures between client devices and standard power access points. ( 9 ) Standard power access point and fixed client device geo-location capability: ( i ) A standard power access point and a fixed client device must include either an internal geo-location capability or an integrated capability to securely connect to an external geolocation devices or service, to automatically determine the standard power access point's geographic coordinates and location uncertainty (in meters), with a confidence level of 95%. The standard power access point and fixed client device must report such coordinates and location uncertainty to an AFC system at the time of activation from a power-off condition. ( ii ) An external geo-location source may be connected to a standard power access point or fixed client device through either a wired or a wireless connection. A single geo-location source may provide location information to multiple standard power access points or fixed client devices. ( iii ) An external geo-location source must be connected to a standard power access point or fixed client device using a secure connection that ensures that only an external geo-location source approved for use with a standard power access point or fixed client device provides geographic coordinates to that standard power access point or fixed client device. Alternatively, an extender cable may be used to connect a remote receive antenna to a geo-location receiver within a standard power access point or fixed client device. ( iv ) The applicant for certification of a standard power access point or fixed client device must demonstrate the accuracy of the geo-location method used and the location uncertainty. For standard power access points and fixed client devices that may not use an internal geo-location capability, this uncertainty must account for the accuracy of the geo-location source and the separation distance between such source and the standard power access point or fixed client device. ( 10 ) An AFC system operator will be designated for a five-year term which can be renewed by the Commission based on the operator's performance during the term. If an AFC system ceases operation, it must provide at least 30-days' notice to the Commission and transfer any registration data to another AFC system operator. ( 11 ) The Commission will designate one or more AFC system operators to provide service in the 5.925-6.425 GHz and 6.525-6.875 GHz bands. ( 12 ) The Commission may permit the functions of an AFC system, such as a data repository, registration, and query services, to be divided among multiple entities; however, entities designated as AFC system operators will be held accountable for the overall functioning and system administration of the AFC system. ( 13 ) The AFC system must ensure that all communications and interactions between the AFC system and standard power access points and fixed client devices are accurate and secure and that unauthorized parties cannot access or alter the database, or the list of available frequencies and associated powers sent to a standard power access point. ( 14 ) An AFC system must implement the terms of international agreements with Mexico and Canada. ( 15 ) Each AFC system operator designated by the Commission must: ( i ) Maintain a regularly updated AFC system database that contains the information described in this section, including incumbent's information and standard power access points and fixed client devices registration parameters. ( ii ) Establish and follow protocols and procedures to ensure compliance with the rules set forth in this part. ( iii ) Establish and follow protocols and procedures sufficient to ensure that all communications and interactions between the AFC system and standard power access points and fixed client devices are accurate and secure and that unauthorized parties cannot access or alter the AFC system, or the information transmitted from the AFC system to standard power access points or fixed client devices. ( iv ) Provide service for a five-year term. This term may be renewed at the Commission's discretion. ( v ) Respond in a timely manner to verify, correct, or remove, as appropriate, data in the event that the Commission or a party presents to the AFC system Operator a claim of inaccuracies in the AFC system. This requirement applies only to information that the Commission requires to be stored in the AFC system. ( vi ) Establish and follow protocols to comply with enforcement instructions from the Commission, including discontinuance of standard power access point operations in designated geographic areas. ( 16 ) An AFC system operator may charge fees for providing service in registration and channel availability functions. The Commission may, upon request, review the fees and can require changes to those fees if the Commission finds them unreasonable. ( l ) Incumbent Protection by AFC system: Fixed Microwave Services. A standard power access point or fixed client device must not cause harmful interference to fixed microwave services authorized to operate in the 5.925-6.425 GHz and 6.525-6.875 GHz bands. Based on the criteria set forth below, an AFC system must establish location and frequency-based exclusion zones (both co-channel and adjacent channel) around fixed microwave receivers operating in the 5.925-6.425 GHz and 6.525-6.875 GHz bands. Individual standard power access points and fixed client devices must not operate co-channel to fixed microwave system frequencies within co-channel exclusion zones, or on adjacent channel frequencies within adjacent channel exclusion zones. ( 1 ) Propagation Models: Propagation models to determine the appropriate separation distance between a standard power access point or a fixed client device and an incumbent fixed microwave service receiver. For a separation distance: ( i ) Up to 30 meters, the AFC system must use the free space path-loss model. ( ii ) More than 30 meters and up to and including one kilometer, the AFC system must use the Wireless World Initiative New Radio phase II (WINNER II) model. The AFC system must use site-specific information, including buildings and terrain data, for determining the line-of-sight/non-line-of-sight path component in the WINNER II model, where such data is available. For evaluating paths where such data is not available, the AFC system must use a probabilistic model combining the line-of-sight path and non-line-of-sight path into a single path-loss as follows: Path-loss (L) = Σ i P(i) * L i = P LOS * L LOS + P NLOS * L NLOS , where P LOS is the probability of line-of-sight, L LOS is the line-of-sight path loss, P NLOS is the probability of non-line-of sight, L NLOS is the non-line-of-sight path loss, and L is the combined path loss. The WINNER II path loss models include a formula to determine P LOS as a function of antenna heights and distance. P NLOS is equal to (1−P LOS ). In all cases, the AFC system will use the correct WINNER II parameters to match the morphology of the path between a standard power access point and a fixed microwave receiver ( i.e., Urban, Suburban, or Rural). ( iii ) More than one kilometer, the AFC system must use Irregular Terrain Model (ITM) combined with the appropriate clutter model. To account for the effects of clutter, such as buildings and foliage, that the AFC system must combine the ITM with the ITU-R P.2108-0 (06/2017) clutter model for urban and suburban environments and the ITU-R P.452-16 (07/2015) clutter model for rural environments. The AFC system should use the most appropriate clutter category for the local morphology when using ITU-R P.452-16. However, if detailed local information is not available, the “Village Centre” clutter category should be used. The AFC system must use 1 arc-second digital elevation terrain data and, for locations where such data is not available, the most granular available digital elevation terrain data. ( 2 ) Interference Protection Criteria: ( i ) The AFC system must use −6 dB I/N as the interference protection criteria in determining the size of the co-channel exclusion zone where I (interference) is the co-channel signal from the standard power access point or fixed client device at the fixed microwave service receiver, and N (noise) is background noise level at the fixed microwave service receiver. ( ii ) The AFC system must use −6 dB I/N as the interference protection criteria in determining the size of the adjacent channel exclusion zone, where I (interference) is the signal from the standard power access point or fixed client device's out of channel emissions at the fixed microwave service receiver and N (noise) is background noise level at the fixed microwave service receiver. The adjacent channel exclusion zone must be calculated based on the emissions requirements of paragraph (b)(7) of this section. ( m ) Incumbent Protection by AFC system: Radio Astronomy Services. The AFC system must enforce an exclusion zones to the following radio observatories that observe between 6650-6675.2 MHz: Arecibo Observatory, the Green Bank Observatory, the Very Large Array (VLA), the 10 Stations of the Very Long Baseline Array (VLBA), the Owens Valley Radio Observatory, and the Allen Telescope Array. The exclusion zone sizes are based on the radio line-of-sight and determined using 4 ⁄ 3 earth curvature and the following formula: dkm_los = 4.12 * (sqrt(Htx) + sqrt(Hrx)), where Htx is the height of the unlicensed standard power access point or fixed client device and Hrx is the height of the radio astronomy antenna in meters above ground level. Coordinate locations of the radio observatories are listed in section 2.106 , notes US 131 and US 385 of this part. ( n ) Incumbent Protection by AFC system: Fixed-Satellite Services. Standard power access points and fixed client devices located outdoors must limit their maximum e.i.r.p. at any elevation angle above 30 degrees as measured from the horizon to 21 dBm (125 mW) to protect fixed satellite services. [ 63 FR 40836 , July 31, 1998, as amended at 69 FR 2687 , Jan. 20, 2004; 69 FR 54036 , Sept. 7, 2004; 79 FR 24579 , May 1, 2014; 79 FR 56988 , Sept. 24, 2014; 79 FR 76903 , Dec. 23, 2014; 81 FR 19901 , Apr. 6, 2016; 85 FR 18149 , Apr. 1, 2020; 85 FR 31411 , May 26, 2020; 86 FR 23295 , May 3, 2021; 89 FR 890 , Jan. 8, 2024; 89 FR 8081 , Feb. 6, 2024] Subpart F—Ultra-Wideband Operation Source: 67 FR 34856 , May 16, 2002, unless otherwise noted. § 15.501 Scope. This subpart sets out the regulations for unlicensed ultra-wideband transmission systems. § 15.503 Definitions. ( a ) UWB bandwidth. For the purpose of this subpart, the UWB bandwidth is the frequency band bounded by the points that are 10 dB below the highest radiated emission, as based on the complete transmission system including the antenna. The upper boundary is designated f H and the lower boundary is designated f L . The frequency at which the highest radiated emission occurs is designated f M . ( b ) Center frequency. The center frequency, f C , equals (f H + f L )/2. ( c ) Fractional bandwidth. The fractional bandwidth equals 2(f H −f L )/ (f H + f L ). ( d ) Ultra-wideband (UWB) transmitter. An intentional radiator that, at any point in time, has a fractional bandwidth equal to or greater than 0.20 or has a UWB bandwidth equal to or greater than 500 MHz, regardless of the fractional bandwidth. ( e ) Imaging system. A general category consisting of ground penetrating radar systems, medical imaging systems, wall imaging systems through-wall imaging systems and surveillance systems. As used in this subpart, imaging systems do not include systems designed to detect the location of tags or systems used to transfer voice or data information. ( f ) Ground penetrating radar (GPR) system. A field disturbance sensor that is designed to operate only when in contact with, or within one meter of, the ground for the purpose of detecting or obtaining the images of buried objects or determining the physical properties within the ground. The energy from the GPR is intentionally directed down into the ground for this purpose. ( g ) Medical imaging system. A field disturbance sensor that is designed to detect the location or movement of objects within the body of a person or animal. ( h ) Wall imaging system. A field disturbance sensor that is designed to detect the location of objects contained within a “wall” or to determine the physical properties within the “wall.” The “wall” is a concrete structure, the side of a bridge, the wall of a mine or another physical structure that is dense enough and thick enough to absorb the majority of the signal transmitted by the imaging system. This category of equipment does not include products such as “stud locators” that are designed to locate objects behind gypsum, plaster or similar walls that are not capable of absorbing the transmitted signal. ( i ) Through-wall imaging system. A field disturbance sensor that is designed to detect the location or movement of persons or objects that are located on the other side of an opaque structure such as a wall or a ceiling. This category of equipment may include products such as “stud locators” that are designed to locate objects behind gypsum, plaster or similar walls that are not thick enough or dense enough to absorb the transmitted signal. ( j ) Surveillance system. A field disturbance sensor used to establish a stationary RF perimeter field that is used for security purposes to detect the intrusion of persons or objects. ( k ) EIRP. Equivalent isotropically radiated power, i.e. , the product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna. The EIRP, in terms of dBm, can be converted to a field strength, in dBuV/m at 3 meters, by adding 95.2. As used in this subpart, EIRP refers to the highest signal strength measured in any direction and at any frequency from the UWB device, as tested in accordance with the procedures specified in § 15.31(a) and 15.523 of this chapter . ( l ) Law enforcement, fire and emergency rescue organizations. As used in this subpart, this refers to those parties eligible to obtain a license from the FCC under the eligibility requirements specified in § 90.20(a)(1) of this chapter . ( m ) Hand held. As used in this subpart, a hand held device is a portable device, such as a lap top computer or a PDA, that is primarily hand held while being operated and that does not employ a fixed infrastructure. § 15.505 Cross reference. ( a ) Except where specifically stated otherwise within this subpart, the provisions of subparts A and B and of §§ 15.201 through 15.204 and 15.207 of subpart C of this part apply to unlicensed UWB intentional radiators. The provisions of § 15.35(c) and 15.205 do not apply to devices operated under this subpart. The provisions of Footnote US 246 to the Table of Frequency Allocations contained in § 2.106 of this chapter does not apply to devices operated under this subpart. ( b ) The requirements of this subpart apply only to the radio transmitter, i.e. , the intentional radiator, contained in the UWB device. Other aspects of the operation of a UWB device may be subject to requirements contained elsewhere in this chapter. In particular, a UWB device that contains digital circuitry not directly associated with the operation of the transmitter also is subject to the requirements for unintentional radiators in subpart B of this part . Similarly, an associated receiver that operates (tunes) within the frequency range 30 MHz to 960 MHz is subject to the requirements in subpart B of this part . § 15.507 Marketing of UWB equipment. In some cases, the operation of UWB devices is limited to specific parties, e.g., law enforcement, fire and rescue organizations operating under the auspices of a state or local government. The marketing of UWB devices must be directed solely to parties eligible to operate the equipment. The responsible party, as defined in § 2.909 of this chapter , is responsible for ensuring that the equipment is marketed only to eligible parties. Marketing of the equipment in any other manner may be considered grounds for revocation of the grant of certification issued for the equipment. § 15.509 Technical requirements for ground penetrating radars and wall imaging systems. ( a ) The UWB bandwidth of an imaging system operating under the provisions of this section must be below 10.6 GHz. ( b ) Operation under the provisions of this section is limited to GPRs and wall imaging systems operated for purposes associated with law enforcement, fire fighting, emergency rescue, scientific research, commercial mining, or construction. ( 1 ) Parties operating this equipment must be eligible for licensing under the provisions of part 90 of this chapter . ( 2 ) The operation of imaging systems under this section requires coordination, as detailed in § 15.525 . ( c ) A GPR that is designed to be operated while being hand held and a wall imaging system shall contain a manually operated switch that causes the transmitter to cease operation within 10 seconds of being released by the operator. In lieu of a switch located on the imaging system, it is permissible to operate an imaging system by remote control provided the imaging system ceases transmission within 10 seconds of the remote switch being released by the operator. ( d ) The radiated emissions at or below 960 MHz from a device operating under the provisions of this section shall not exceed the emission levels in § 15.209 . The radiated emissions above 960 MHz from a device operating under the provisions of this section shall not exceed the following average limits when measured using a resolution bandwidth of 1 MHz: Frequency in MHz EIRP in dBm 960-1610 -65.3 1610-1990 -53.3 1990-3100 -51.3 3100-10600 -41.3 Above 10600 -51.3 ( e ) In addition to the radiated emission limits specified in the table in paragraph (d) of this section, UWB transmitters operating under the provisions of this section shall not exceed the following average limits when measured using a resolution bandwidth of no less than 1 kHz: Frequency in MHz EIRP in dBm 1164-1240 -75.3 1559-1610 -75.3 ( f ) For UWB devices where the frequency at which the highest radiated emission occurs, f M , is above 960 MHz, there is a limit on the peak level of the emissions contained within a 50 MHz bandwidth centered on f M . That limit is 0 dBm EIRP. It is acceptable to employ a different resolution bandwidth, and a correspondingly different peak emission limit, following the procedures described in § 15.521 . [ 68 FR 19749 , Apr. 22, 2003] § 15.510 Technical requirements for through-wall imaging systems. ( a ) The UWB bandwidth of an imaging system operating under the provisions of this section must be below 960 MHz or the center frequency, f C , and the frequency at which the highest radiated emission occurs, f M , must be contained between 1990 MHz and 10600 MHz. ( b ) Operation under the provisions of this section is limited to through-wall imaging systems operated by law enforcement, emergency rescue or firefighting organizations that are under the authority of a local or state government. ( c ) For through-wall imaging systems operating with the UWB bandwidth below 960 MHz: ( 1 ) Parties operating this equipment must be eligible for licensing under the provisions of part 90 of this chapter . ( 2 ) The operation of these imaging systems requires coordination, as detailed in § 15.525 . ( 3 ) The imaging system shall contain a manually operated switch that causes the transmitter to cease operation within 10 seconds of being released by the operator. In lieu of a switch located on the imaging system, it is permissible to operate an imaging system by remote control provided the imaging system ceases transmission within 10 seconds of the remote switch being released by the operator. ( 4 ) The radiated emissions at or below 960 MHz shall not exceed the emission levels in § 15.209 . The radiated emissions above 960 MHz shall not exceed the following average limits when measured using a resolution bandwidth of 1 MHz: Frequency in MHz EIRP in dBm 960-1610 −65.3 1610-1990 −53.3 Above 1990 −51.3 ( 5 ) In addition to the radiated emission limits specified in the table in paragraph (c)(4) of this section, emissions from these imaging systems shall not exceed the following average limits when measured using a resolution bandwidth of no less than 1 kHz: Frequency in MHz EIRP in dBm 1164-1240 −75.3 1559-1610 −75.3 ( d ) For equipment operating with f C and f M between 1990 MHz and 10600 MHz: ( 1 ) Parties operating this equipment must hold a license issued by the Federal Communications Commission to operate a transmitter in the Public Safety Radio Pool under part 90 of this chapter . The license may be held by the organization for which the UWB operator works on a paid or volunteer basis. ( 2 ) This equipment may be operated only for law enforcement applications, the providing of emergency services, and necessary training operations. ( 3 ) The radiated emissions at or below 960 MHz shall not exceed the emission levels in § 15.209 of this chapter . The radiated emissions above 960 MHz shall not exceed the following average limits when measured using a resolution bandwidth of 1 MHz: Frequency in MHz EIRP in dBm 960-1610 −46.3 1610-10600 −41.3 Above 10600 −51.3 ( 4 ) In addition to the radiated emission limits specified in the paragraph (d)(3) of this section, emissions from these imaging systems shall not exceed the following average limits when measured using a resolution bandwidth of no less than 1 kHz: Frequency in MHz EIRP in dBm 1164-1240 −56.3 1559-1610 −56.3 ( 5 ) There is a limit on the peak level of the emissions contained within a 50 MHz bandwidth centered on the frequency at which the highest radiated emission occurs, f M . That limit is 0 dBm EIRP. It is acceptable to employ a different resolution bandwidth, and a correspondingly different peak emission limit, following the procedures described in § 15.521 . ( e ) Through-wall imaging systems operating under the provisions of this section shall bear the following or similar statement in a conspicuous location on the device: “Operation of this device is restricted to law enforcement, emergency rescue and firefighter personnel. Operation by any other party is a violation of 47 U.S.C. 301 and could subject the operator to serious legal penalties.” [ 68 FR 19750 , Apr. 22, 2003, as amended at 85 FR 38740 , June 26, 2020] § 15.511 Technical requirements for surveillance systems. ( a ) The UWB bandwidth of an imaging system operating under the provisions of this section must be contained between 1990 MHz and 10,600 MHz. ( b ) Operation under the provisions of this section is limited to fixed surveillance systems operated by law enforcement, fire or emergency rescue organizations or by manufacturers licensees, petroleum licensees or power licensees as defined in § 90.7 of this chapter . ( 1 ) Parties operating under the provisions of this section must be eligible for licensing under the provisions of part 90 of this chapter . ( 2 ) The operation of imaging systems under this section requires coordination, as detailed in § 15.525 . ( c ) The radiated emissions at or below 960 MHz from a device operating under the provisions of this section shall not exceed the emission levels in § 15.209 . The radiated emissions above 960 MHz from a device operating under the provisions of this section shall not exceed the following average limits when measured using a resolution bandwidth of 1 MHz: Frequency in MHz EIRP in dBm 960-1610 −53.3 1610-1990 −51.3 1990-10600 −41.3 Above 10600 −51.3 ( d ) In addition to the radiated emission limits specified in the table in paragraph (c) of this section, UWB transmitters operating under the provisions of this section shall not exceed the following average limits when measured using a resolution bandwidth of no less than 1 kHz: Frequency in MHz EIRP in dBm 1164-1240 −63.3 1559-1610 −63.3 ( e ) There is a limit on the peak level of the emissions contained within a 50 MHz bandwidth centered on the frequency at which the highest radiated emission occurs, f M . That limit is 0 dBm EIRP. It is acceptable to employ a different resolution bandwidth, and a correspondingly different peak emission limit, following the procedures described in § 15.521 . ( f ) Imaging systems operating under the provisions of this section shall bear the following or similar statement in a conspicuous location on the device: “Operation of this device is restricted to law enforcement, fire and rescue officials, public utilities, and industrial entities. Operation by any other party is a violation of 47 U.S.C. 301 and could subject the operator to serious legal penalties.” [ 68 FR 19750 , Apr. 22, 2003] § 15.513 Technical requirements for medical imaging systems. ( a ) The UWB bandwidth of an imaging system operating under the provisions of this section must be contained between 3100 MHz and 10,600 MHz. ( b ) Operation under the provisions of this section is limited to medical imaging systems used at the direction of, or under the supervision of, a licensed health care practitioner. The operation of imaging systems under this section requires coordination, as detailed in § 15.525 . ( c ) A medical imaging system shall contain a manually operated switch that causes the transmitter to cease operation within 10 seconds of being released by the operator. In lieu of a switch located on the imaging system, it is permissible to operate an imaging system by remote control provided the imaging system ceases transmission within 10 seconds of the remote switch being released by the operator. ( d ) The radiated emissions at or below 960 MHz from a device operating under the provisions of this section shall not exceed the emission levels in § 15.209 . The radiated emissions above 960 MHz from a device operating under the provisions of this section shall not exceed the following average limits when measured using a resolution bandwidth of 1 MHz: Frequency in MHz EIRP in dBm 960-1610 −65.3 1610-1990 −53.3 011990-3100 −51.3 3100-10600 −41.3 Above 10600 −51.3 ( e ) In addition to the radiated emission limits specified in the table in paragraph (d) of this section, UWB transmitters operating under the provisions of this section shall not exceed the following average limits when measured using a resolution bandwidth of no less than 1 kHz: Frequency in MHz EIRP in dBm 1164-1240 −75.3 1559-1610 −75.3 ( f ) There is a limit on the peak level of the emissions contained within a 50 MHz bandwidth centered on the frequency at which the highest radiated emission occurs, f M . That limit is 0 dBm EIRP. It is acceptable to employ a different resolution bandwidth, and a correspondingly different peak emission limit, following the procedures described in § 15.521 . [ 68 FR 19751 , Apr. 22, 2003, as amended at 72 FR 63823 , Nov. 13, 2007] § 15.515 Technical requirements for vehicular radar systems. ( a ) Operation under the provisions of this section is limited to UWB field disturbance sensors mounted in terrestrial transportation vehicles. These devices shall operate only when the vehicle is operating, e.g., the engine is running. Operation shall occur only upon specific activation, such as upon starting the vehicle, changing gears, or engaging a turn signal. ( b ) The UWB bandwidth of a vehicular radar system operating under the provisions of this section shall be contained between 22 GHz and 29 GHz. In addition, the center frequency, f C , and the frequency at which the highest level emission occurs, f M , must be greater than 24.075 GHz. ( c ) Following proper installation, vehicular radar systems shall attenuate any emissions within the 23.6-24.0 GHz band that appear 38 degrees or greater above the horizontal plane by 25 dB below the limit specified in paragraph (d) of this section. For equipment authorized, manufactured or imported on or after January 1, 2005, this level of attenuation shall be 25 dB for any emissions within the 23.6-24.0 GHz band that appear 30 degrees or greater above the horizontal plane. For equipment authorized, manufactured or imported on or after January 1, 2010, this level of attenuation shall be 30 dB for any emissions within the 23.6-24.0 GHz band that appear 30 degrees or greater above the horizontal plane. For equipment authorized, manufactured or imported on or after January 1, 2014, this level of attenuation shall be 35 dB for any emissions within the 23.6-24.0 GHz band that appear 30 degrees or greater above the horizontal plane. This level of attenuation can be achieved through the antenna directivity, through a reduction in output power or any other means. ( d ) The radiated emissions at or below 960 MHz from a device operating under the provisions of this section shall not exceed the emission levels in § 15.209 . The radiated emissions above 960 MHz from a device operating under the provisions of this section shall not exceed the following average limits when measured using a resolution bandwidth of 1 MHz: Frequency in MHz EIRP in dBm 960-1610 −75.3 1610-22,000 −61.3 22,000-29,000 −41.3 29,000-31,000 −51.3 Above 31,000 −61.3 ( e ) In addition to the radiated emission limits specified in the table in paragraph (d) of this section, UWB transmitters operating under the provisions of this section shall not exceed the following average limits when measured using a resolution bandwidth of no less than 1 kHz: Frequency in MHz EIRP in dBm 1164-1240 −85.3 1559-1610 −85.3 ( f ) There is a limit on the peak level of the emissions contained within a 50 MHz bandwidth centered on the frequency at which the highest radiated emission occurs, f M . That limit is 0 dBm EIRP. It is acceptable to employ a different resolution bandwidth, and a correspondingly different peak emission limit, following the procedures described in § 15.521 . ( g ) The emission levels from devices operating under the provisions of this section that employ gated transmissions may be measured with the gating active. Measurements made in this manner shall be repeated over multiple sweeps with the analyzer set for maximum hold until the amplitude stabilizes. ( h ) UWB vehicular systems operating in the 22-29 GHz band are subject to the transition provisions of § 15.37(l) through (n) . [ 67 FR 34856 , May 16, 2002, as amended at 70 FR 6776 , Feb. 9, 2005; 82 FR 43871 , Sept. 20, 2017] § 15.517 Technical requirements for indoor UWB systems. ( a ) Operation under the provisions of this section is limited to UWB transmitters employed solely for indoor operation. ( 1 ) Indoor UWB devices, by the nature of their design, must be capable of operation only indoors. The necessity to operate with a fixed indoor infrastructure, e.g., a transmitter that must be connected to the AC power lines, may be considered sufficient to demonstrate this. ( 2 ) The emissions from equipment operated under this section shall not be intentionally directed outside of the building in which the equipment is located, such as through a window or a doorway, to perform an outside function, such as the detection of persons about to enter a building. ( 3 ) The use of outdoor mounted antennas, e.g., antennas mounted on the outside of a building or on a telephone pole, or any other outdoors infrastructure is prohibited. ( 4 ) Field disturbance sensors installed inside of metal or underground storage tanks are considered to operate indoors provided the emissions are directed towards the ground. ( 5 ) A communications system shall transmit only when the intentional radiator is sending information to an associated receiver. ( b ) The UWB bandwidth of a UWB system operating under the provisions of this section must be contained between 3100 MHz and 10,600 MHz. ( c ) The radiated emissions at or below 960 MHz from a device operating under the provisions of this section shall not exceed the emission levels in § 15.209 . The radiated emissions above 960 MHz from a device operating under the provisions of this section shall not exceed the following average limits when measured using a resolution bandwidth of 1 MHz: Frequency in MHz EIRP in dBm 960-1610 −75.3 1610-1990 −53.3 1990-3100 −51.3 3100-10600 −41.3 Above 10600 −51.3 ( d ) In addition to the radiated emission limits specified in the table in paragraph (c) of this section, UWB transmitters operating under the provisions of this section shall not exceed the following average limits when measured using a resolution bandwidth of no less than 1 kHz: Frequency in MHz EIRP in dBm 1164-1240 −85.3 1559-1610 −85.3 ( e ) There is a limit on the peak level of the emissions contained within a 50 MHz bandwidth centered on the frequency at which the highest radiated emission occurs, f M . That limit is 0 dBm EIRP. It is acceptable to employ a different resolution bandwidth, and a correspondingly different peak emission limit, following the procedures described in § 15.521 . ( f ) UWB systems operating under the provisions of this section shall bear the following or similar statement in a conspicuous location on the device or in the instruction manual supplied with the device: “This equipment may only be operated indoors. Operation outdoors is in violation of 47 U.S.C. 301 and could subject the operator to serious legal penalties.” [ 67 FR 34856 , May 16, 2002; 67 FR 39632 , June 10, 2002] § 15.519 Technical requirements for hand held UWB systems. ( a ) UWB devices operating under the provisions of this section must be hand held, i.e. , they are relatively small devices that are primarily hand held while being operated and do not employ a fixed infrastructure. ( 1 ) A UWB device operating under the provisions of this section shall transmit only when it is sending information to an associated receiver. The UWB intentional radiator shall cease transmission within 10 seconds unless it receives an acknowledgement from the associated receiver that its transmission is being received. An acknowledgment of reception must continue to be received by the UWB intentional radiator at least every 10 seconds or the UWB device must cease transmitting. ( 2 ) The use of antennas mounted on outdoor structures, e.g., antennas mounted on the outside of a building or on a telephone pole, or any fixed outdoors infrastructure is prohibited. Antennas may be mounted only on the hand held UWB device. ( 3 ) UWB devices operating under the provisions of this section may operate indoors or outdoors. ( b ) The UWB bandwidth of a device operating under the provisions of this section must be contained between 3100 MHz and 10,600 MHz. ( c ) The radiated emissions at or below 960 MHz from a device operating under the provisions of this section shall not exceed the emission levels in § 15.209 . The radiated emissions above 960 MHz from a device operating under the provisions of this section shall not exceed the following average limits when measured using a resolution bandwidth of 1 MHz: Frequency in MHz EIRP in dBm 960-1610 −75.3 1610-1990 −63.3 1990-3100 −61.3 3100-10600 −41.3 Above 10600 −61.3 ( d ) In addition to the radiated emission limits specified in the table in paragraph (c) of this section, UWB transmitters operating under the provisions of this section shall not exceed the following average limits when measured using a resolution bandwidth of no less than 1 kHz: Frequency in MHz EIRP in dBm 1164-1240 −85.3 1559-1610 −85.3 ( e ) There is a limit on the peak level of the emissions contained within a 50 MHz bandwidth centered on the frequency at which the highest radiated emission occurs, f M . That limit is 0 dBm EIRP. It is acceptable to employ a different resolution bandwidth, and a correspondingly different peak emission limit, following the procedures described in § 15.521 . [ 67 FR 34856 , May 16, 2002; 67 FR 39632 , June 10, 2002] § 15.521 Technical requirements applicable to all UWB devices. ( a ) UWB devices may not be employed for the operation of toys. Operation onboard an aircraft, a ship or a satellite is prohibited. ( b ) Manufacturers and users are reminded of the provisions of §§ 15.203 and 15.204 . ( c ) Emissions from digital circuitry used to enable the operation of the UWB transmitter shall comply with the limits in § 15.209 , rather than the limits specified in this subpart, provided it can be clearly demonstrated that those emissions from the UWB device are due solely to emissions from digital circuitry contained within the transmitter and that the emissions are not intended to be radiated from the transmitter's antenna. Emissions from associated digital devices, as defined in § 15.3(k) , e.g., emissions from digital circuitry used to control additional functions or capabilities other than the UWB transmission, are subject to the limits contained in Subpart B of this part . ( d ) Within the tables in §§ 15.509 , 15.511 , 15.513 , 15.515 , 15.517 , and 15.519 , the tighter emission limit applies at the band edges. Radiated emission levels at and below 960 MHz are based on measurements employing a CISPR quasi-peak detector. Radiated emission levels above 960 MHz are based on RMS average measurements over a 1 MHz resolution bandwidth. The RMS average measurement is based on the use of a spectrum analyzer with a resolution bandwidth of 1 MHz, an RMS detector, and a 1 millisecond or less averaging time. Unless otherwise stated, if pulse gating is employed where the transmitter is quiescent for intervals that are long compared to the nominal pulse repetition interval, measurements shall be made with the pulse train gated on. Alternative measurement procedures may be considered by the Commission. ( e ) The frequency at which the highest radiated emission occurs, f M , must be contained within the UWB bandwidth. ( f ) Imaging systems may be employed only for the type of information exchange described in their specific definitions contained in § 15.503 . The detection of tags or the transfer or data or voice information is not permitted under the standards for imaging systems. ( g ) When a peak measurement is required, it is acceptable to use a resolution bandwidth other than the 50 MHz specified in this subpart. This resolution bandwidth shall not be lower than 1 MHz or greater than 50 MHz, and the measurement shall be centered on the frequency at which the highest radiated emission occurs, f M . If a resolution bandwidth other than 50 MHz is employed, the peak EIRP limit shall be 20 log (RBW/50) dBm where RBW is the resolution bandwidth in megahertz that is employed. This may be converted to a peak field strength level at 3 meters using E(dBuV/m) = P(dBm EIRP) + 95.2. If RBW is greater than 3 MHz, the application for certification filed with the Commission must contain a detailed description of the test procedure, calibration of the test setup, and the instrumentation employed in the testing. ( h ) The highest frequency employed in § 15.33 to determine the frequency range over which radiated measurements are made shall be based on the center frequency, f C , unless a higher frequency is generated within the UWB device. For measuring emission levels, the spectrum shall be investigated from the lowest frequency generated in the UWB transmitter, without going below 9 kHz, up to the frequency range shown in § 15.33(a) or up to f C + 3/(pulse width in seconds), whichever is higher. There is no requirement to measure emissions beyond 40 GHz provided f C is less than 10 GHz; beyond 100 GHz if f C is at or above 10 GHz and below 30 GHz; or beyond 200 GHz if f C is at or above 30 GHz. ( i ) The prohibition in § 2.201(f) and 15.5(d) of this chapter against Class B (damped wave) emissions does not apply to UWB devices operating under this subpart. ( j ) Responsible parties are reminded of the other standards and requirements cross referenced in § 15.505 , such as a limit on emissions conducted onto the AC power lines. [ 67 FR 34856 , May 16, 2002, as amended at 68 FR 19751 , Apr. 22, 2003; 70 FR 6776 , Feb. 9, 2005] § 15.523 Measurement procedures. Measurements shall be made in accordance with the procedures specified by the Commission. § 15.525 Coordination requirements. ( a ) UWB imaging systems require coordination through the FCC before the equipment may be used. The operator shall comply with any constraints on equipment usage resulting from this coordination. ( b ) The users of UWB imaging devices shall supply operational areas to the FCC Office of Engineering and Technology, which shall coordinate this information with the Federal Government through the National Telecommunications and Information Administration. The information provided by the UWB operator shall include the name, address and other pertinent contact information of the user, the desired geographical area(s) of operation, and the FCC ID number and other nomenclature of the UWB device. If the imaging device is intended to be used for mobile applications, the geographical area(s) of operation may be the state(s) or county(ies) in which the equipment will be operated. The operator of an imaging system used for fixed operation shall supply a specific geographical location or the address at which the equipment will be operated. This material shall be submitted to Frequency Coordination Branch, OET, Federal Communications Commission, at the address of the FCC's main office indicated in 47 CFR 0.401(a) , ATTN: UWB Coordination. ( c ) The manufacturers, or their authorized sales agents, must inform purchasers and users of their systems of the requirement to undertake detailed coordination of operational areas with the FCC prior to the equipment being operated. ( d ) Users of authorized, coordinated UWB systems may transfer them to other qualified users and to different locations upon coordination of change of ownership or location to the FCC and coordination with existing authorized operations. ( e ) The FCC/NTIA coordination report shall identify those geographical areas within which the operation of an imaging system requires additional coordination or within which the operation of an imaging system is prohibited. If additional coordination is required for operation within specific geographical areas, a local coordination contact will be provided. Except for operation within these designated areas, once the information requested on the UWB imaging system is submitted to the FCC no additional coordination with the FCC is required provided the reported areas of operation do not change. If the area of operation changes, updated information shall be submitted to the FCC following the procedure in paragraph (b) of this section. ( f ) The coordination of routine UWB operations shall not take longer than 15 business days from the receipt of the coordination request by NTIA. Special temporary operations may be handled with an expedited turn-around time when circumstances warrant. The operation of UWB systems in emergency situations involving the safety of life or property may occur without coordination provided a notification procedure, similar to that contained in § 2.405(a) through (e) of this chapter , is followed by the UWB equipment user. [ 67 FR 34856 , May 16, 2002, as amended at 68 FR 19751 , Apr. 22, 2003; 85 FR 64406 , Oct. 13, 2020] Subpart G—Access Broadband Over Power Line (Access BPL) Source: 70 FR 1374 , Jan. 7, 2005, unless otherwise noted. § 15.601 Scope. This subpart sets out the regulations for Access Broadband over Power Line (Access BPL) devices operating in the 1.705-80 MHz band over medium or low voltage lines. § 15.603 Definitions. ( a ) Excluded Band: A band of frequencies within which Access BPL operations are not permitted. ( b ) Exclusion Zone: A geographical area within which Access BPL operations are not permitted in certain frequency bands. ( c ) Consultation. The process of communication between an entity operating Access BPL and a licensed public safety or other designated point of contact for the purpose of avoiding potential harmful interference. ( d ) Consultation area: A designated geographical area within which consultation with public safety users or other designated point of contact is required before an Access BPL may be operated at designated frequencies. ( e ) Low Voltage power line. A power line carrying low voltage, e.g., 240/120 volts from a distribution transformer to a customer's premises. ( f ) Medium Voltage power line. A power line carrying between 1,000 to 40,000 volts from a power substation to neighborhoods. Medium voltage lines may be overhead or underground, depending on the power grid network topology. ( g ) Access BPL Database. A database operated by an industry-sponsored entity, recognized by the Federal Communications Commission and the National Telecommunications and Information Administration (NTIA), containing information regarding existing and planned Access BPL systems, as required in § 15.615(a) of this chapter . § 15.605 Cross reference. ( a ) The provisions of subparts A and B of this part apply to Access BPL devices, except where specifically noted. The provisions of subparts C through F of this part do not apply to Access BPL devices except where specifically noted. ( b ) The requirements of this subpart apply only to the radio circuitry that is used to provide carrier current operation for the Access BPL device. Other aspects of the operation of an Access BPL device may be subject to requirements contained elsewhere in this chapter. In particular, an Access BPL device that includes digital circuitry that is not used solely to enable the operation of the radio frequency circuitry used to provide carrier current operation also is subject to the requirements for unintentional radiators in subpart B of this part . § 15.607 Equipment authorization of Access BPL equipment. Access BPL equipment shall be subject to Certification as specified in § 15.101 . § 15.609 Marketing of Access BPL equipment. The marketing of Access BPL equipment must be directed solely to parties eligible to operate the equipment. Eligible parties consist of AC power line public utilities, Access BPL service providers and associates of Access BPL service providers. The responsible party, as defined in § 2.909 of this chapter , is responsible for ensuring that the equipment is marketed only to eligible parties. Marketing of the equipment in any other manner may be considered grounds for revocation of the grant of certification issued for the equipment. § 15.611 General technical requirements. ( a ) Conducted emission limits. Access BPL is not subject to the conducted emission limits of § 15.107 . ( b ) Radiated emission limits — ( 1 ) Medium voltage power lines. ( i ) Access BPL systems that operate in the frequency range of 1.705 kHz to 30 MHz over medium voltage power lines shall comply with the radiated emission limits for intentional radiators provided in § 15.209 . ( ii ) Access BPL systems that operate in the frequency range above 30 MHz over medium voltage power lines shall comply with the radiated emission limits provided in § 15.109(b) . ( 2 ) Low voltage power lines. Access BPL systems that operate over low-voltage power lines, including those that operate over low-voltage lines that are connected to the in-building wiring, shall comply with the radiated emission limits provided in § 15.109(a) and (e) . ( c ) Interference Mitigation and Avoidance. ( 1 ) Access BPL systems shall incorporate adaptive interference mitigation techniques to remotely reduce power and adjust operating frequencies, in order to avoid site-specific, local use of the same spectrum by licensed services. These techniques may include adaptive or “notch” filtering, or complete avoidance of frequencies, or bands of frequencies, locally used by licensed radio operations. ( i ) For frequencies below 30 MHz, when a notch filter is used to avoid interference to a specific frequency band, the Access BPL system shall be capable of attenuating emissions within that band to a level at least 25 dB below the applicable Part 15 limits. ( ii ) For frequencies above 30 MHz, when a notch filter is used to avoid interference to a specific frequency band, the Access BPL system shall be capable of attenuating emissions within that band to a level at least 10 dB below the applicable part 15 limits. ( iii ) At locations where an Access BPL operator attenuates radiated emissions from its operations in accordance with the above required capabilities, we will not require that operator to take further actions to resolve complaints of harmful interference to mobile operations. ( 2 ) Access BPL systems shall comply with applicable radiated emission limits upon power-up following a fault condition, or during a start-up operation after a shut-off procedure, by the use of a non-volatile memory, or some other method, to immediately restore previous settings with programmed notches and excluded bands, to avoid time delay caused by the need for manual re-programming during which protected services may be vulnerable. ( 3 ) Access BPL systems shall incorporate a remote-controllable shut-down feature to deactivate, from a central location, any unit found to cause harmful interference, if other interference mitigation techniques do not resolve the interference problem. [ 70 FR 1374 , Jan. 7, 2005, as amended at 71 FR 49379 , Aug. 23, 2006; 76 FR 71908 , Nov. 21, 2011] § 15.613 Measurement procedures. Compliance measurements for Access BPL shall be made in accordance with the Guidelines for Access BPL systems specified by the Commission. § 15.615 General administrative requirements. ( a ) Access BPL Database. Entities operating Access BPL systems shall supply to an industry-recognized entity, information on all existing Access BPL systems and all proposed Access BPL systems for inclusion into a publicly available data base, within 30 days prior to initiation of service. Such information shall include the following: ( 1 ) The name of the Access BPL provider. ( 2 ) The frequencies of the Access BPL operation. ( 3 ) The postal zip codes served by the specific Access BPL operation. ( 4 ) The manufacturer and type of Access BPL equipment and its associated FCC ID number, or, in the case of Access BPL equipment that has not been subject to certification in the past, the Trade Name and Model Number, as specified on the equipment label. ( 5 ) The contact information, including both phone number and e-mail address of a person at, or associated with, the BPL operator's company, to facilitate the resolution of any interference complaint. ( 6 ) The proposed/or actual date of Access BPL operation. ( b ) The Access BPL database manager shall enter this information into the publicly accessible database within three (3) business days of receipt. ( c ) No notification to the Commission is required. ( d ) A licensed spectrum user experiencing harmful interference that is suspected to be caused by an Access BPL system shall inform the local BPL operator's contact person designated in the Access BPL database. The investigation of the reported interference and the resolution of confirmed harmful interference from the Access BPL system shall be successfully completed by the BPL operator within a reasonable time period according to a mutually acceptable schedule, after the receipt of an interference complaint, in order to avoid protracted disruptions to licensed services. The Access BPL operator shall respond to complaints of harmful interference from public safety users within 24 hours. With regard to public safety complaints, the BPL provider shall be required to immediately cease the operations causing such complaint if it fails to respond within 24 hours. ( e ) Consultation with public safety users. An entity operating an Access BPL system shall notify and consult with the public safety users in the area where it plans to deploy Access BPL, at least 30 days prior to initiation of any operation or service. This entity shall design or implement the Access BPL system such that it does not cause harmful interference in those frequencies or bands used by the public safety agencies in the area served by the Access BPL system. The notification shall include, at a minimum, the information in paragraph (a) of this section. ( f ) Federal government spectrum users and other radio service users. An entity operating an Access BPL system shall ensure that, within its Access BPL deployment area, its system does not operate on any frequencies designated as excluded bands or on identified frequencies within any designated exclusion zones. ( 1 ) Excluded Bands. To protect Aeronautical (land) stations and aircraft receivers, Access BPL operations using overhead medium voltage power lines are prohibited in the frequency bands listed in Table 1. Specifically, such BPL systems shall not place carrier frequencies in these bands. Table 1—Excluded Frequency Bands Frequency band 2,850-3,025 kHz 3,400-3,500 kHz 4,650-4,700 kHz 5,450-5,680 kHz 6,525-6,685 kHz 8,815-8,965 kHz 10,005-10,100 kHz 11,275-11,400 kHz 13,260-13,360 kHz 17,900-17,970 kHz 21,924-22,000 kHz 74.8-75.2 MHz ( 2 ) Exclusion zones. Exclusion zones encompass the operation of any Access BPL system within 1km of the boundary of coast station facilities at the coordinates listed in Tables 2 and 2.1. Exclusion zones also encompass the operation of Access BPL systems using overhead medium voltage power lines within 65 km of the Very Large Array observatory located at the coordinate 34°04′43.50″; N, 107°37′03.82″ W. Exclusion zones further encompass the operation of Access BPL systems using overhead low voltage power lines or underground power lines within 47 km of the Very Large Array observatory located at the coordinate 34°04′43.50″; N, 107°37′03.82″ W. Within the exclusion zones for coast stations, Access BPL systems shall not use carrier frequencies within the band of 2173.5-2190.5 kHz. Within the exclusion zone for the Very Large Array radio astronomy observatory, Access BPL systems shall not use carrier frequencies within the 73.0-74.6 MHz band. ( i ) Existing coast station facilities. Access BPL systems shall not operate in the frequency band 2,173.5-2,190.5 kHz, within 1 kilometer (km) of the boundary of coast station facilities at the coordinates listed in Tables 2 and 2.1. BPL operators planning to deploy Access BPL devices at these frequencies in areas within these exclusion zones as defined above shall consult with the appropriate point of contact for these coast stations to ensure harmful interference is prevented at these facilities. Point of contact: Commandant (CG 622), U.S. Coast Guard, 2100 2nd Street, SW., Washington, DC 20593-0001, Telephone: (202) 267-2860, e-mail: cgcomms@comdt.uscg.mil . Table 2—Exclusion Zones for U.S. Coast Guard Coast Stations Locale Latitude Longitude Group Guam 13°35′23″ N 144°50′24″ E GANTSEC 18°18′00″ N 65°46′59″ W Puerto Rico 18°28′11″ N 66°07′47″ W Honolulu 21°18′21″ N 157°53′23″ W Group Key West 24°33′35″ N 81°47′59″ W Trumbo Point CG Base 24°33′58″ N 81°47′57″ W Miami 25°37′28″ N 80°23′07″ W Everglades Park 25°50′10″ N 81°23′13″ W Group Saint Petersburg (Everglades) 25°51′00″ N 81°23′24″ W Station Ft. Lauderdale 26°05′21″ N 80°06′40″ W Station Ft. Myers Beach 26°27′34″ N 81°57′15″ W Group Miami (Ft. Pierce) 27°27′36″ N 80°18′36″ W Station Ft. Pierce 27°27′50″ N 80°18′27″ W Group Corpus Christi 27°42′01″ N 97°16′11″ W Group Corpus Christi 27°42′06″ N 97°16′45″ W ESD Saint Petersburg 27°45′21″ N 82°37′32″ W Group Saint Petersburg 27°46′11″ N 82°37′47″ W Station Port O'Connor 28°26′03″ N 96°25′39″ W S. Padre Island 28°26′22″ N 97°09′56″ W Freeport 28°55′59″ N 95°16′59″ W Group Galveston (Freeport) 28°56′24″ N 95°17′59″ W Station YANKEETOWN 29°01′51″ N 82°43′39″ W Station Ponce De Leon Inlet 29°03′50″ N 81°55′01″ W Group New Orleans (Grand Isle) 29°15′53″ N 89°57′26″ W Galveston 29°19′59″ N 94°46′18″ W Kapalan 29°20′04″ N 94°47′17″ W Sabine 29°43′42″ N 93°52′14″ W New Orleans 30°01′17″ N 90°07′24″ W Panama City 30°10′01″ N 85°45′04″ W Group Mobile (Panama City) 30°10′12″ N 85°45′36″ W ANT Jacksonville Beach 30°17′16″ N 81°24′10″ W Pensacola 30°20′24″ N 87°18′17″ W Group Mayport 30°23′10″ N 81°26′01″ W Group Mayport 30°23′24″ N 81°25′48″ W Ft. Morgan 30°39′07″ N 88°03′12″ W Tybee Lighthouse 32°01′15″ N 80°50′39″ W Point Loma Lighthouse 32°39′56″ N 117°14′34″ W Point Loma 32°40′07″ N 117°14′14″ W Activities San Diego 32°43′59″ N 117°11′13″ W Group Charleston (Sullivan's Island) 32°45′00″ N 79°49′47″ W Sullivan's Island Lights 32°45′02″ N 79°50′03″ W Group Charleston 32°46′25″ N 79°56′37″ W Group San Diego 32°52′48″ N 118°26′23″ W San Pedro 33°45′00″ N 118°15′58″ W Group Fort Macon 33°53′24″ N 78°01′48″ W Point Mugu 33°59′32″ N 119°07′18″ W Group LA/Long Beach 34°07′11″ N 119°06′35″ W Channel Island 34°09′17″ N 119°13′11″ W Station Oxnard Channel Island 34°09′43″ N 119°13′19″ W Group Ft. Macon 34°41′48″ N 76°40′59″ W Group Cape Hatteras 35°13′59″ N 75°31′59″ W Group Cape Hatteras 35°15′35″ N 75°31′48″ W Morro Bay (Cambria) 35°31′21″ N 121°03′31″ W San Clemente Island 32°50′24″ N 118°23′15″ W Point Pinos 36°38′12″ N 121°56′06″ W CAMSLANT 36°43′47″ N 76°01′11″ W Group Hampton Roads 36°53′01″ N 76°21′10″ W Point Montara 37°31′23″ N 122°30′47″ W Point Montara Lighthouse 37°32′09″ N 122°31′08″ W Group San Francisco 37°32′23″ N 122°31′11″ W Group San Francisco 37°48′34″ N 122°21′55″ W Point Bonita 37°49′00″ N 122°31′41″ W Group Eastern Shores 37°55′47″ N 75°22′47″ W Group Eastern Shore 37°55′50″ N 75°22′58″ W CAMSPAC 38°06′00″ N 122°55′48″ W Point Arena Lighthouse 38°57′18″ N 124°44′28″ W Point Arena 38°57′36″ N 123°44′23″ W Group Atlantic City 39°20′59″ N 74°27′42″ W Activities New York 40°36′06″ N 74°03′36″ W Activities New York 40°37′11″ N 74°04′11″ W ESD Moriches Hut 40°47′19″ N 72°44′53″ W Group Moriches 40°47′23″ N 72°45′00″ W Group Humboldt Bay 40°58′41″ N 124°06′31″ W Group Humboldt Bay 40°58′47″ N 124°06′35″ W Trinidad Head 41°03′15″ N 124°09′02″ W Group Long Island Sound 41°16′12″ N 72°54′00″ W Station New Haven 41°16′12″ N 72°54′06″ W Station Brant Point 41°17′21″ N 70°05′31″ W Group Woods Hole 41°17′23″ N 70°04′47″ W Station Castle Hill 41°27′46″ N 71°21′42″ W Group Woods Hole 41°17′29″ N 70°401′07″ W Boston Area 41°40′12″ N 70°31′48″ W Station Provincetown 42°01′48″ N 70°12′42″ W Eastern Point 42°36′24″ N 70°39′26″ W Cape Blanco 42°50′16″ N 124°33′52″ W Group North Bend 43°24′16″ N 124°13′22″ W Group North Bend 43°24′35″ N 124°14′23″ W Cape Elizabeth 43°33′28″ N 70°12′00″ W Group South Portland 43°38′24″ N 70°15′00″ W Group South Portland 43°38′45″ N 70°14′51″ W Group SW Harbor 44°16′19″ N 68°18′27″ W Group Southwest Harbor 44°16′48″ N 68°18′36″ W Fort Stevens, Oregon 46°09′14″ N 123°53′07″ W Group Astoria 46°09′29″ N 123°31′48″ W Group Astoria 46°09′35″ N 123°53′24″ W La Push 47°49′00″ N 124°37′59″ W Station Quillayute River 47°54′49″ N 124°38′01″ W Port Angeles 48°07′59″ N 123°25′59″ W Group Port Angeles 48°08′24″ N 123°24′35″ W Juneau (Sitka) 57°05′24″ N 135°15′35″ W Kodiak 57°40′47″ N 152°28′47″ W Valdez (Cape Hinchinbrook) 60°26′23″ N 146°25′48″ W Note: Systems of coordinates comply with NAD 83. Table 2.1—Exclusion Zones for Maritime Public Coast Stations [Points of Contact Are Identified in the Commission's License Database] Licensee name Location Latitude Longitude Shipcom LLC Marina Del Ray, CA 33°56′21″ N 118°27′14″ W Globe Wireless Rio Vista, CA 38°11′55″ N 121°48′34″ W Avalon Communications Corp St. Thomas, VI 18°21′19″ N 64°56′48″ W Globe Wireless Bishopville, MD 38°24′10″ N 75°12′59″ W Shipcom LLC Mobile, AL 30°40′07″ N 88°10′23″ W Shipcom LLC Coden, AL 30°22′35″ N 88°12′20″ W Globe Wireless Pearl River, LA 30°22′13″ N 89°47′26″ W Globe Wireless Kahalelani, HI 21°10′33″ N 157°10′39″ W Globe Wireless Palo Alto, CA 37°26′44″ N 122°06′48″ W Globe Wireless Agana, GU 13°29′22″ N 144°49′39″ E Note: Systems of coordinates comply with NAD 83. ( ii ) New or relocated Coast stations. In the unlikely event that a new or relocated coast station is established for the 2.173.5-2.190.5 kHz band at a coordinate not specified in Table 2 or 2.1, Access BPL operations in that frequency band shall also be excluded within 1 km of the new coast station facility; ( 3 ) Consultation areas. Access BPL operators shall provide notification to the appropriate point of contact specified regarding Access BPL operations at any frequencies of potential concern in the following consultation areas, at least 30 days prior to initiation of any operation or service. The notification shall include, at a minimum, the information in paragraph (a) of this section. We expect parties to consult in good faith to ensure that no harmful interference is caused to licensed operations and that any constraints on BPL deployments are minimized to those necessary to avoid harmful interference. In the unlikely event that a new or relocated aeronautical receive station is established for the 1.7-30 MHz band at a coordinate not specified in Table 3b, Access BPL operators are also required to coordinate with the appropriate point of contact regarding Access BPL operations at any frequencies of potential concern in the new or relocated consultation areas, and to adjust their system operating parameters to protect the new or relocated aeronautical receive station. ( i ) For frequencies in the 1.7-30 MHz frequency range, the areas within 4 km of facilities located at the following coordinates: ( A ) The Commission's protected field offices listed in 47 CFR 0.121 , the point-of-contact for which is specified in that section; ( B ) The aeronautical stations listed in Tables 3a and 3b; ( C ) The land stations listed in Tables 4 and 5; ( ii ) For frequencies in the 1.7-80.0 MHz frequency range, the areas within 4 km of facilities located at the coordinates specified for radio astronomy facilities in 47 CFR 2.106 , Note U.S. 311. Point of contact: Electromagnetic Spectrum Manager, National Science Foundation, Division of Astronomical Sciences, 4201 Wilson Blvd., Suite 1045, Arlington, VA 22230, (703) 292-4896, esm@nsf.gov . ( iii ) For frequencies in the 1.7-80 MHz frequency range, the area within 1 km of the Table Mountain Radio Receiving Zone, the coordinates and point of contact for which are specified in 47 CFR 21.113(b) . ( iv ) For frequencies in the 1.7-30 MHz frequency range, the areas within 37 km of radar receiver facilities located at the coordinates specified in Table 6. Point of contact: U.S. Coast Guard HQ, Division of Spectrum Management CG-622, 2100 Second St., SW., Rm. 6611, Washington, DC 20593, Tel: (202) 267-6036, Fax: (202) 267-4106, e-mail: jtaboada@comdt.uscg.mil . Table 3a —Consultation Area Coordinates for Aeronautical (OR) Stations (1.7-30 MHz) Command name Location Latitude Longitude Washington Arlington, VA 38°51′07″ N 77°02′15″ W Cape Cod Cape Cod, MA 41°42′00″ N 70°30′00″ W Atlantic City Atlantic City, NJ 39°20′59″ N 74°27′42″ W Elizabeth City Elizabeth City, NC 36°15′53″ N 76°10′32″ W Savannah Savannah, GA 32°01′30″ N 81°08′30″ W Miami Opa Locka, FL 25°54′22″ N 80°16′01″ W Clearwater Clearwater, FL 27°54′27″ N 82°41′29″ W Borinquen Aguadilla, PR 18°18′36″ N 67°04′48″ W New Orleans New Orleans, LA 29°49′31″ N 90°02′06″ W Traverse City Traverse City, MI 44°44′24″ N 85°34′54″ W San Diego San Diego, CA 32°43′33″ N 117°10′15″ W Sacramento McCllelan AFB, CA 38°40′06″ N 121°24′04″ W Astoria Warrenton, OR 46°25′18″ N 123°47′46″ W North Bend North Bend, OR 43°24′39″ N 124°14′35″ W Barbers Point Kapolei, HI 21°18′01″ N 158°04′15″ W Kodiak Kodiak, AK 57°44′19″ N 152°30′18″ W Houston Houston, TX 29°45′00″ N 95°22′00″ W Detroit Mt. Clemens, MI 42°36′05″ N 82°50′12″ W San Francisco San Francisco, CA 37°37′58″ N 122°23′20″ W Los Angeles Los Angeles, CA 33°56′36″ N 118°23′48″ W Humboldt Bay McKinleyville, CA 40°58′39″ N 124°06′45″ W Port Angeles Port Angeles, WA 48°08′25″ N 123°24′48″ W Sitka Sitka, AK 57°05′50″ N 135°21′58″ W Note: Systems of coordinates conform to NAD 83. Point of contact: ARINC, 2551 Riva Road, Annapolis, MD 21401, Tel: 1-800-633-6882, Fax: (410) 266-2329, e-mail: arincmkt@arinc.com , http://www.arinc.com . Point of contact: ARINC, 2551 Riva Road, Annapolis, MD 21401, Tel: 1-800-633-6882, Fax: 410-266-2329, e-mail: bplnotifications@arinc.com , http://www.arinc.com . Table 3b—Consultation Area Coordinates for Aeronautical Receive Stations (1.7-30 MHz) Locale Latitude Longitude Southampton, NY 40°55′15″ N 72°23′41″ W Molokai, HI 21°12′23″ N 157°12′30″ W Oahu, HI 21°22′27″ N 158°05′56″ W Half Moon Bay, CA 37°39′64″ N 122°24′44″ W Pt. Reyes, CA 38°06′00″ N 122°56′00″ W Barrow, AK 71°17′24″ N 156°40′12″; W Guam 13°28′12″ N 144°48′0.0″ E (note: Eastern Hemisphere) NY Comm Center, NY 40°46′48″ N 73°05′46″ W Cedar Rapids, IA 42°02′05.0″ N 91°38′37.6″ W Beaumont, CA 33°54′27.1″ N 116°59′49.1″ W Fairfield, TX 31°47′02.6″ N 96°47′03.0″ W Houston, TX 29°36′35.8″ N 95°16′54.8″ W Miami, FL 25°49′05″ N 80°18′28″ W Note: Systems of coordinates conform to NAD 83. Point of contact: U.S. Coast Guard HQ, Division of Spectrum Management CG-622, 2100 Second St., SW., Rm. 6611, Washington, DC 20593, Tel: (202) 267-6036, Fax: (202) 267-4106, e-mail: jtaboada@comdt.uscg.mil . Table 4—Consultation Area Coordinates for Land Stations, Set 1 (1.7-30 MHz) Command name Location Latitude Longitude COMMSTA Boston Maspee, MA 41°24′00″ N 70°18′57″ W Camslant Chesapeake, VA 36°33′59″ N 76°15′23″ W COMMSTA Miami Miami, FL 25°36′58″ N 80°23′04″ W COMMSTA New Orleans Belle Chasse, IA 29°52′40″ N 89°54′46″ W Camspac Pt. Reyes Sta, CA 38°06′00″ N 122°55′48″ W COMMSTA Honolulu Wahiawa, HI 21°31′08″ N 157°59′28″ W COMMSTA Kodiak Kodiak, AK 57°04′26′ N 152°28′20″ W Guam Finegayan, GU 13°53′08″ N 144°50′20″ E Note: Systems of coordinates conform to NAD 83. Point of contact: COTHEN Technical Support Center, COTHEN Program Manager, Tel: (800) 829-6336. Table 5—Consultation Area Coordinates for Land Stations, Set 2 (1.7-30 MHz) Site name Latitude Longitude Albuquerque, NM 35°05′02″ N 105°34′23″ W Arecibo, PR 18°17′26″ N 66°22′33″ W Atlanta, GA 32°33″06 N 84°23′35″ W Beaufort, SC 34°34′22″ N 76°09′48″ W Cape Charles, VA 37°05′37″ N 75°58′06″ W Cedar Rapids, IA 42°00′09″ N 91°17′39″ W Denver, CO 39°15′45″ N 103°34′23″ W Fort Myers, FL 81°31′20″ N 26°20′01″ W Kansas City, MO 38°22′10″ N 93°21′48″ W Las Vegas, NV 36°21′15″ N 114°17′33″ W Lovelock, NV 40°03′07″ N 118°18′56″ W Memphis, TN 34°21′57″ N 90°02′43″ W Miami, FL 25°46′20″ N 80°28′48″ W Morehead City, NC 34°34′50″ N 78°13′59″ W Oklahoma City, OK 34°30′52″ N 97°30′52″ W Orlando, FL 28°31′30″ N 80°48′58″ W Reno, NV 38°31′12″ N 119°14′37″ W Sarasota, FL 27°12′41″ N 81°31′20″ W Wilmington, NC 34°29′24″ N 78°04′31″ W Note: Systems of coordinates conform to NAD 83. Point Of Contact: ROTHR Deputy Program Manager, (540) 653-3624. Table 6—Consultation Area Coordinates for Radar Receiver Stations (1.7-30 MHz) Latitude/Longitude 18°01′ N/66°30′ W 28°05′ N/98°43′ W 36°34′ N/76°18′ W Note: Systems of coordinates conform to NAD 83. [ 70 FR 1374 , Jan. 7, 2005, as amended at 71 FR 49379 , Aug. 23, 2006; 82 FR 50834 , Nov. 2, 2017] Subpart H—White Space Devices Source: 80 FR 73070 , Nov. 23, 2015, unless otherwise noted. § 15.701 Scope. This subpart sets forth the regulations for unlicensed white space devices. These devices are unlicensed intentional radiators that operate on available TV channels in the broadcast television frequency bands, the 600 MHz band (including the guard bands and duplex gap), and in 608-614 MHz (channel 37). § 15.703 Definitions. 600 MHz duplex gap. An 11 megahertz guard band at 652-663 MHz that separates part 27 600 MHz service uplink and downlink frequencies. 600 MHz guard band. Designated frequency band at 614-617 MHz that prevents interference between licensed services in the 600 MHz service band and channel 37. 600 MHz service band. Frequencies in the 617-652 MHz and 663-698 MHz bands that are reallocated and reassigned for 600 MHz band services under part 27 of this chapter . Available channel. A channel which is not being used by an authorized service and is acceptable for use by the device at its geographic location under the provisions of this subpart. Contact verification signal. An encoded signal broadcast by a fixed or Mode II device for reception by Mode I devices to which the fixed or Mode II device has provided a list of available channels for operation. Such signal is for the purpose of establishing that the Mode I device is still within the reception range of the fixed or Mode II device for purposes of validating the list of available channels used by the Mode I device and shall be encoded to ensure that the signal originates from the device that provided the list of available channels. A Mode I device may respond only to a contact verification signal from the fixed or Mode II device that provided the list of available channels on which it operates. A fixed or Mode II device shall provide the information needed by a Mode I device to decode the contact verification signal at the same time it provides the list of available channels. Fixed device. A white space device that transmits and/or receives radiocommunication signals at a specified fixed location. A fixed device may select channels for operation from a list of available channels provided by a white space database, and initiate and operate a network by sending enabling signals to one or more fixed devices and/or personal/portable devices. Fixed devices may provide to a Mode I personal/portable device a list of available channels on which the Mode I device may operate, including channels on which the Mode I device but not the fixed device may operate. Geo-fenced area. A defined geographic area over which the white space database has determined the set of available channels. Geo-location capability. The capability of a white space device to determine its geographic coordinates and geo-location uncertainty. This capability is used with a white space database approved by the FCC to determine the availability of spectrum at a white space device's location. Less congested area. Geographic areas where at least half of the TV channels within a specific TV band are unused for broadcast and other protected services and available for white space device use. Less congested areas are determined separately for each TV band—the low VHF band (channels 2-6), the high VHF band (channels 7-13) and the UHF band (channels 14-36); i.e., one, two or all three bands or any combination could qualify as less congested. White space devices may only operate at the levels permitted for less congested areas within the area and the specific TV band(s) that qualify as a less congested area. For the purpose of this definition, a channel is considered available for white space device use if it is available for fixed devices operating with 40 milliwatts EIRP at 3 meters HAAT. Less congested areas in the UHF TV band are also considered to be less congested areas in the 600 MHz service band. Mobile white space device. A white space device that transmits and/or receives radiocommunication signals on available channels within a defined geo-fenced area. A mobile white space device uses an incorporated geo-location capability to determine its location with respect to the boundaries of the defined area. A mobile white space device may operate only in less congested areas. Mode I personal/portable device. A personal/portable white space device that does not use an internal geo-location capability and access to a white space database to obtain a list of available channels. A Mode I device must obtain a list of available channels on which it may operate from either a fixed white space device or Mode II personal/portable white space device. A Mode I device may not initiate a network of fixed and/or personal/portable white space devices nor may it provide a list of available channels to another Mode I device for operation by such device. Mode II personal/portable device. A personal/portable device that uses an internal geo-location capability and access to a white space database, either through a direct connection to the Internet or through an indirect connection to the Internet by way of fixed device or another Mode II device, to obtain a list of available channels. A Mode II device may select a channel itself and initiate and operate as part of a network of white space devices, transmitting to and receiving from one or more fixed devices or personal/portable devices. A Mode II personal/portable device may provide its list of available channels to a Mode I personal/portable device for operation on by the Mode I device. Narrowband white space device. A fixed or personal/portable white space device operating in a bandwidth of no greater than 100 kilohertz. Network initiation. The process by which a fixed or Mode II white space device sends control signals to one or more fixed white space devices or personal/portable white space devices and allows them to begin communications. Operating channel. An available channel used by a white space device for transmission and/or reception. Personal/portable device. A white space device that transmits and/or receives radiocommunication signals on available channels at unspecified locations that may change. Receive site. The location where the signal of a full service television station is received for rebroadcast by a television translator or low power TV station, including a Class A TV station, or for distribution by a Multiple Video Program Distributor (MVPD) as defined in 47 U.S.C. 602(13) . Sensing only device. A personal/portable white space device that uses spectrum sensing to determine a list of available channels. Sensing only devices may transmit on any available channels in the frequency bands 512-608 MHz (TV channels 21-36). Spectrum Act. Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 ). Spectrum sensing. A process whereby a white space device monitors a television channel to detect whether the channel is occupied by a radio signal or signals from authorized services. Television bands. The broadcast television frequency bands at 54-72 MHz (TV channels 2-4), 76-88 MHz (TV channels 5-6), 174-216 MHz (TV channels 7-13) and 470-608 MHz (channels 14-36). White space database. A database system approved by the Commission that maintains records on authorized services and provides lists of available channels to white space devices and unlicensed wireless microphone users. [ 80 FR 73070 , Nov. 23, 2015, as amended at 84 FR 34796 , July 19, 2019; 86 FR 2290 , Jan. 12, 2021] § 15.705 Cross reference. ( a ) The provisions of subparts A , B , and C of this part apply to white space devices, except where specific provisions are contained in this subpart. ( b ) The requirements of this subpart apply only to the radio transmitter contained in the white space device. Other aspects of the operation of a white space device may be subject to requirements contained elsewhere in this chapter. In particular, a white space device that includes a receiver that tunes within the frequency range specified in § 15.101(b) and contains digital circuitry not directly associated with the radio transmitter is also subject to the requirements for unintentional radiators in subpart B. § 15.706 Information to the user. ( a ) In addition to the labeling requirements contained in § 15.19 , the instructions furnished to the user of a white space device shall include the following statement, placed in a prominent location in the text of the manual: This equipment has been tested and found to comply with the rules for white space devices, pursuant to part 15 of the FCC rules. These rules are designed to provide reasonable protection against harmful interference. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures: (1) Reorient or relocate the receiving antenna. (2) Increase the separation between the equipment and receiver. (3) Connect the equipment into an outlet on a circuit different from that to which the receiver is connected. (4) Consult the manufacturer, dealer or an experienced radio/TV technician for help. ( b ) In cases where the manual is provided only in a form other than paper, such as on a computer disk or over the Internet, the information required by this section may be included in the manual in that alternative form, provided the user can reasonably be expected to have the capability to access information in that form. § 15.707 Permissible channels of operation. ( a ) ( 1 ) 470-614 MHz band. Fixed and personal/portable white space devices are permitted to operate on available channels in the frequency bands 470-614 MHz (TV channels 14-37), subject to the interference protection requirements in §§ 15.711 and 15.712 . ( 2 ) 600 MHz duplex gap. Fixed and personal/portable white space devices may operate in the 657-663 MHz segment of the 600 MHz duplex gap. ( 3 ) 600 MHz service band. Fixed and personal/portable white space devices may operate on frequencies in the bands 617-652 MHz and 663-698 MHz in areas where 600 MHz band licensees have not commenced operations, as defined in § 27.4 of this chapter . ( 4 ) Channel 37 guard band. White space devices are not permitted to operate in the band 614-617 MHz. ( b ) Only mobile white space devices and fixed white space devices that communicate only with other fixed or mobile white space devices may operate on available channels in the bands 54-72 MHz (TV channels 2-4), 76-88 MHz (TV channels 5 and 6), and 174-216 MHz (TV channels 7-13), subject to the interference protection requirements in §§ 15.711 and 15.712 . ( c ) Narrowband and mobile white space devices may only operate on frequencies below 602 MHz. [ 86 FR 2291 , Jan. 12, 2021] § 15.709 General technical requirements. ( a ) Radiated power limits. The maximum white space device EIRP per 6 MHz shall not exceed the limits of paragraphs (a)(2) through (4) of this section. ( 1 ) General requirements. ( i ) White space devices may be required to operate with less power than the maximum permitted to meet the co-channel and adjacent channel separation requirements of § 15.712 of this part . ( ii ) Mode I personal/portable devices are limited to 40 mW, if the white space device that controls it is limited to 40 mW. ( 2 ) TV bands and 600 MHz service band. ( i ) ( A ) Fixed devices in the TV bands below 602 MHz: Up to 4 W (36 dBm) EIRP, and up to 16 W (42 dBm) EIRP in less congested areas. Fixed devices in the 602-608 MHz band may operate with up to 4 W (36 dBm) EIRP. ( B ) Fixed devices in the 600 MHz service bands above 620 MHz: Up to 4 W (36 dBm) EIRP, and up to 10 W (40 dBm) EIRP in less congested areas. Fixed devices that operate in any portion of the 614-620 MHz band may operate with up to 4 W (36 dBm) EIRP. ( ii ) Personal/Portable devices: Up to 100 mW (20 dBm) EIRP. ( 3 ) 608-614 MHz band (channel 37). Up to 40 mW (16 dBm) EIRP. ( ii ) Personal/Portable devices: Up to 100 mW (20 dBm) EIRP. ( 4 ) 600 MHz duplex gap and guard bands. Up to 40 mW (16 dBm) EIRP. ( 5 ) Mobile devices in the TV bands below 602 MHz. Up to 16 W (42 dBm) EIRP in less congested areas. Mobile device operation is not permitted above 602 MHz. Mobile devices may operate only in less congested areas. ( b ) Technical limits — ( 1 ) Fixed and mobile white space devices. ( i ) Technical limits for fixed and mobile white space devices are shown in the table in paragraph (b)(1)(iii) of this section and subject to the requirements of this section. ( ii ) For operation at EIRP levels of 36 dBm (4,000 mW) or less, fixed and mobile white space devices may operate at EIRP levels between the values shown in the table in paragraph (b)(1)(iii) of this section provided that the conducted power and the conducted power spectral density (PSD) limits are linearly interpolated between the values shown and the adjacent channel emission limit of the higher value shown in the table is met. Operation at EIRP levels above 36 dBm (4,000 mW) but not greater than 40 dBm (10,000 mW) shall follow the requirements for 40 dBm (10,000 mW). Operation at EIRP levels above 40 dBm (10,000 mW) shall follow the requirements for 42 dBm (16,000 mW). ( iii ) The conducted power spectral density from a fixed or mobile white space device shall not be greater than the values shown in the table in this paragraph (b)(1)(iii) when measured in any 100 kilohertz band during any time interval of continuous transmission. Table 1 to Paragraph (b)(1)(iii) EIRP (6 MHz) Conducted power limit (6 MHz) Conducted PSD limit 1 (100 kHz) (dBm) Conducted adjacent channel emission limit (100 kHz) (dBm) 16 dBm (40 mW) 10 dBm (10 mW) −7.4 −62.8 20 dBm (100 mW) 14 dBm (25 mW) −3.4 −58.8 24 dBm (250 mW) 18 dBm (63 mW) 0.6 −54.8 28 dBm (625 mW) 22 dBm (158 mW) 4.6 −50.8 32 dBm (1,600 mW) 26 dBm (400 mW) 8.6 −46.8 36 dBm (4,000 mW) 30 dBm (1,000 mW) 12.6 −42.8 40 dBm (1,0000 mW) 30 dBm (1,000 mW) 12.6 −42.8 42 dBm (16,000 mW) 30 dBm (1,000 mW) 12.6 −42.8 ( 2 ) Personal/portable white space devices. ( i ) Technical limits for personal/portable white space devices are shown in the table in paragraph (b)(2)(ii) of this section and subject to the requirements of this section. ( ii ) The radiated power spectral density from a personal/portable white space device shall not be greater than the values shown in the table in this paragraph (b)(2)(ii) when measured in any 100 kHz band during any time interval of continuous transmission. Table 2 to Paragraph (b)(2)(ii) EIRP (6 MHz) Radiated PSD limit EIRP (100 kHz) (dBm) Radiated adjacent channel emission limit EIRP (100 kHz) (dBm) 16 dBm (40 mW) −1.4 −56.8 20 dBm (100 mW) 2.6 −52.8 ( 3 ) Sensing-only devices. Sensing-only white space devices are limited to 17 dBm (50 mW) EIRP and are subject to the requirements of this paragraph and of § 15.717 of this part . ( i ) Radiated PSD limit: −0.4 dBm EIRP. ( ii ) Adjacent channel emission limit: −55.8 dBm EIRP. ( 4 ) Narrowband white space devices. ( i ) A narrowband white space device that operates as a client must communicate with a master device (fixed, Mode II, mobile or narrowband) that contacts the white space database to obtain a list of available channels and operating powers at its location. A narrowband white space device that acts as a master must incorporate a geo-location mechanism and be capable of obtaining lists of available channels and operating powers from the white space database. ( ii ) Narrowband white space devices shall operate on channel sizes that are no more than 100 kilohertz. The edge of a narrowband channel shall be offset from the upper and lower edge of the 6 megahertz channel in which it operates by at least 250 kilohertz, except in the case where bonded 6 megahertz channels share a common band edge. Narrowband operating channels shall be at integral multiples of 100 kilohertz beginning at a 250 kilohertz offset from a 6 megahertz channel's edge, or with no offset at the common band edge of two bonded 6 megahertz channels. ( iii ) The conducted power limit is 12.6 dBm in a 100 kilohertz segment. The EIRP limit is 18.6 dBm in a 100 kilohertz segment. The conducted power spectral density limit is 12.6 dBm in any 100 kilohertz band during any time interval of continuous transmission. ( iv ) Conducted adjacent channel emissions shall be limited to −42.8 dBm in 100 kilohertz in a first adjacent 6 megahertz channel, starting at the edge of the 6 megahertz channel within which the narrowband device is operating. This limit shall not apply between the edge of the narrowband channel and the edge of the 6 megahertz channel that contains it. ( v ) If transmitting antennas of directional gain greater than 6 dBi are used, the maximum conducted power output shall be reduced by the amount in dB that the directional gain of the antenna exceeds 6 dBi. ( vi ) Total occupancy for each narrowband channel shall be limited to 36 seconds per hour. ( c ) Conducted power limits. ( 1 ) The conducted power, PSD and adjacent channel limits for fixed white space devices operating at up to 36 dBm (4000 milliwatts) EIRP shown in the table in paragraph (b)(1) of this section are based on a maximum transmitting antenna gain of 6 dBi. If transmitting antennas of directional gain greater than 6 dBi are used, the maximum conducted output power shall be reduced by the amount in dB that the directional gain of the antenna exceeds 6 dBi. ( 2 ) The conducted power, PSD, and adjacent channel limits for fixed and mobile white space devices operating at greater than 36 dBm (4,000 milliwatts) EIRP shown in the table in paragraph (b)(1)(iii) of this section are based on a maximum transmitting antenna gain of 12 dBi. If transmitting antennas of directional gain greater than 12 dBi are used, the maximum conducted output power shall be reduced by the amount in dB that the directional gain of the antenna exceeds 12 dBi. ( 3 ) Maximum conducted output power is the total transmit power over the occupied bandwidth delivered to all antennas and antenna elements averaged across all symbols in the signaling alphabet when the transmitter is operating at its maximum power level. Power must be summed across all antennas and antenna elements. The average must not include any time intervals during which the transmitter is off or is transmitting at a reduced power level. If multiple modes of operation are possible (e.g., alternative modulation methods), the maximum conducted output power is the highest total transmit power occurring in any mode. ( 4 ) White space devices connected to the AC power line are required to comply with the conducted limits set forth in § 15.207 . ( d ) Emission limits. ( 1 ) The adjacent channel emission limits shown in the tables in paragraphs (b)(1) and (2) of this section apply in the six megahertz channel immediately adjacent to each white space channel or group of contiguous white space channels in which the white space device is operating. ( 2 ) At frequencies beyond the six megahertz channel immediately adjacent to each white space channel or group of contiguous white space channels in which the white space device is operating the white space device shall meet the requirements of § 15.209 . ( 3 ) Emission measurements in the adjacent bands shall be performed using a minimum resolution bandwidth of 100 kHz with an average detector. A narrower resolution bandwidth may be employed near the band edge, when necessary, provided the measured energy is integrated to show the total power over 100 kHz. ( e ) Transmit power control. White space devices shall incorporate transmit power control to limit their operating power to the minimum necessary for successful communication. Applicants for equipment certification shall include a description of the device's transmit power control feature mechanism. ( f ) Security. White space devices shall incorporate adequate security measures to prevent the devices from accessing databases not approved by the FCC and to ensure that unauthorized parties cannot modify the device or configure its control features to operate in a manner inconsistent with the rules and protection criteria set forth in this subpart. ( g ) Antenna requirements — ( 1 ) Fixed white space devices — ( i ) Above ground level. The transmit antenna height shall not exceed 10 meters above ground level in any area for fixed white space devices operating in the TV bands at 40 mW EIRP or less or operating across multiple contiguous TV channels at 100 mW EIRP or less. ( ii ) Height above average terrain (HAAT). For devices operating in the TV bands below 602 MHz, the transmit antenna shall not be located where its height above average terrain exceeds 250 meters generally, or 500 meters in less congested areas. For devices operating in all other bands the transmit antenna shall not be located where its height above average terrain exceeds 250 meters. The HAAT is to be calculated by the white space database using the methodology in § 73.684(d) of this chapter . For HAAT greater than 250 meters the following procedures are required: ( A ) The installing party must contact a white space database and identify all TV broadcast station contours that would be potentially affected by operation at the planned HAAT and EIRP. A potentially affected TV station is one where the protected service contour is within the applicable separation distance for the white space device operating at an assumed HAAT of 50 meters above the planned height at the proposed power level. ( B ) The installing party must notify each of these licensees and provide the geographic coordinates of the white space device, relevant technical parameters of the proposed deployment, and contact information. ( C ) No earlier than four calendar days after the notification in paragraph (g)(1)(ii)(B) of this section, the installing party may commence operations. ( D ) Upon request, the installing party must provide each potentially affected licensee with information on the time periods of operations. ( E ) If the installing party seeks to modify its operations by increasing its power level, by moving more than 100 meters horizontally from its location, or by making an increase in the HAAT or EIRP of the white space device that results in an increase in the minimum required separation distances from co-channel or adjacent channel TV station contours, it must conduct a new notification. ( F ) All notifications required by this section must be in written form (including email). In all cases, the names of persons contacted, and dates of contact should be kept by the white space device operator for its records and supplied to the Commission upon request. ( 2 ) Personal/portable white space devices. Personal/portable devices shall have permanently attached transmit and receive antenna(s). ( 3 ) Sensing-only white space devices operating under the provisions of § 15.717 of this subpart . ( i ) The provisions of § 15.204(c)(4) do not apply to an antenna used for transmission and reception/spectrum sensing. ( ii ) Compliance testing for white space devices that incorporate a separate sensing antenna shall be performed using the lowest gain antenna for each type of antenna to be certified. ( h ) Compliance with radio frequency exposure requirements. White space devices shall ensure compliance with the Commission's radio frequency exposure requirements in §§ 1.1307(b) , 2.1091 and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of RF sources under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. [ 80 FR 73070 , Nov. 23, 2015, as amended at 84 FR 34797 , July 19, 2019; 85 FR 18149 , Apr. 1, 2020; 86 FR 2291 , Jan. 12, 2021; 87 FR 54901 , Sept. 8, 2022] § 15.711 Interference avoidance methods. Except as provided in § 15.717 of this part , channel availability for a white space device is determined based on the geo-location and database access method described in paragraphs (a) through (e) of this section. ( a ) Geolocation required. White space devices shall rely on a geolocation capability and database access mechanism to protect the following authorized service in accordance with the interference protection requirements of § 15.712 : Digital television stations, digital and analog Class A, low power, translator and booster stations; translator receive operations; fixed broadcast auxiliary service links; private land mobile service/commercial radio service (PLMRS/CMRS) operations; offshore radiotelephone service; low power auxiliary services authorized pursuant to §§ 74.801 through 74.882 of this chapter , including licensed wireless microphones; MVPD receive sites; wireless medical telemetry service (WMTS); radio astronomy service (RAS); and 600 MHz service band licensees where they have commenced operations, as defined in § 27.4 of this chapter . In addition, protection shall be provided in border areas near Canada and Mexico in accordance with § 15.712(g) . ( b ) Geo-location requirement — ( 1 ) Accuracy. Fixed white space devices that incorporate a geo-location capability and Mode II devices shall determine their location and their geo-location uncertainty (in meters), with a confidence level of 95%. ( 2 ) Reference datum. All geographic coordinates shall be referenced to the North American Datum of 1983 (NAD 83). ( c ) Requirements for fixed white space devices. ( 1 ) The geographic coordinates of a fixed white space device shall be determined at the time of installation and first activation from a power off condition by an incorporated geo-location capability. The antenna height above ground shall be determined by the installer or operator of the device, or by an automatic means. This information shall be stored internally in the white space device and transmitted automatically by the device to the white space database. The operator of a fixed white space device shall be responsible for assuring the accuracy of the information registered in the white space database. If a fixed white space device is moved to another location or if its stored coordinates become altered, the operator shall reestablish the device's: ( i ) Geographic location through the incorporated geo-location capability and the antenna height above ground level and store this information in the white space device; and ( ii ) Registration with the database based on the device's new coordinates and antenna height above ground level. ( iii ) A fixed white space device may obtain its geographic coordinates through an external geo-location source when it is used at a location where its internal geo-location capability does not function. An external geo-location source may be connected to a fixed device through either a wired or a wireless connection, and a single geo-location source may provide location information to multiple fixed devices. An external geo-location source must be connected to a fixed device using a secure connection that ensures that only an external geo-location source that has been approved with a particular fixed device can provide geographic coordinates to that device. The geographic coordinates must be provided automatically by the external geo-location source to the fixed device; users may not manually enter them. Alternatively, an extender cable may be used to connect a remote receive antenna to a geo-location receiver within a fixed device. ( iv ) The applicant for certification of a fixed device must demonstrate the accuracy of the geo-location method used and the location uncertainty as defined in paragraph (b) of this section. For fixed devices that are not using an internal geo-location capability, this uncertainty must account for the accuracy of the geo-location source and the separation distance between such source and the white space device. ( 2 ) ( i ) Each fixed white space device must access a white space database over the Internet to determine the available channels and the corresponding maximum permitted power for each available channel that is available at its geographic coordinates, taking into consideration the fixed device's antenna height above ground level and geo-location uncertainty, prior to its initial service transmission at a given location. ( ii ) Operation is permitted only on channels and at power levels that are indicated in the database as being available for each white space device. Operation on a channel must cease immediately or power must be reduced to a permissible level if the database indicates that the channel is no longer available at the current operating level. ( iii ) A fixed white space device shall access the database at least as frequently as specified in paragraph (h) of this section to verify that the operating channel(s) and corresponding power levels continue to remain available. The fixed device's registration information shall be updated if the geographic coordinates reported to the database differ by more than ±50 meters from the previously registered coordinates. ( iv ) Fixed devices without a direct connection to the Internet: A fixed white space device may not operate on channels provided by a white space database for another fixed device. A fixed white space device that has not yet been initialized and registered with a white space database consistent with § 15.713 of this part , but can receive the transmissions of another fixed white space device, may transmit to that other fixed white space device on either a channel that the other white space device has transmitted on or on a channel which the other white space device indicates is available for use to access the database to register its location and receive a list of channels that are available for it to use. Subsequently, the newly registered fixed white space device must only use the channels that the database indicates are available for it to use. ( d ) Requirements for Mode II personal/portable white space devices. ( 1 ) The geographic coordinates of a Mode II personal/portable white space device shall be determined by an incorporated geo-location capability prior to its initial service transmission at a given location and each time the device is activated from a power-off condition to determine the available channels and the corresponding maximum permitted power for each available channel at its geographic coordinates, taking into consideration the device's geo-location uncertainty. The location must be checked at least once every 60 seconds while in operation, except while in sleep mode, i.e., in a mode in which the device is inactive but is not powered-down. ( 2 ) Each Mode II personal/portable white space device must access a white space database over the Internet to obtain a list of available channels for its location. The device must access the database for an updated available channel list if its location changes by more than 100 meters from the location at which it last established its available channel list. ( 3 ) Operation is permitted only on channels and at power levels that are indicated in the database as being available for the Mode II personal/portable white space device. Operation on a channel must cease immediately or power must be reduced to a permissible level if the database indicates that the channel is no longer available at the current operating level. ( 4 ) A Mode II personal/portable white space device that has been in a powered state shall re-check its location and access the database at least as frequently as specified in paragraph (h) of this section to verify that the operating channel(s) and corresponding power levels continue to be available. ( 5 ) A Mode II personal/portable device may load channel availability information for multiple locations, ( i.e., in the vicinity of its current location) and use that information to define a geographic area within which it can operate on the same available channels at all locations. For example a Mode II personal/portable white space device could calculate a bounded area in which a channel or channels are available at all locations within the area and operate on a mobile basis within that area. A Mode II white space device using such channel availability information for multiple locations must contact the database again if/when it moves beyond the boundary of the area where the channel availability data is valid. ( e ) Requirements for Mode I personal/portable white space devices. ( 1 ) A Mode I personal/portable white space device may only transmit upon receiving a list of available channels from a fixed or Mode II white space device. A fixed or Mode II white space device may provide a Mode I device with a list of available channels only after it contacts its database, provides the database the FCC Identifier (FCC ID) of the Mode I device requesting available channels, and receives verification that the FCC ID is valid for operation. ( 2 ) A Mode II device must provide a list of channels to the Mode I device that is the same as the list of channels available to the Mode II device. ( 3 ) A fixed device may provide a list of available channels to a Mode I device only if the fixed device HAAT as verified by the white space database does not exceed 106 meters. The fixed device must provide a list of available channels to the Mode I device that is the same as the list of channels available to the fixed device, except that a Mode I device may operate only on those channels that are permissible for its use under § 15.707 of this part . A fixed device may also obtain from a white space database and provide to a Mode I personal/portable white space device, a separate list of available channels that includes adjacent channels available to a Mode I personal/portable white space device, but not a fixed white space device. ( 4 ) To initiate contact with a fixed or Mode II device, a Mode I device may transmit on an available channel used by the fixed or Mode II white space device or on a channel the fixed or Mode II white space device indicates is available for use by a Mode I device. At least once every 60 seconds, except when in sleep mode ( i.e., a mode in which the device is inactive but is not powered-down), a Mode I device must either receive a contact verification signal from the Mode II or fixed white space device that provided its current list of available channels or contact a Mode II or fixed white space device to re-verify/re-establish channel availability. A Mode I device must cease operation immediately if it does not receive a contact verification signal or is not able to re-establish a list of available channels through contact with a fixed or Mode II device on this schedule. If a fixed or Mode II white space device loses power and obtains a new channel list, it must signal all Mode I devices it is serving to acquire and use a new channel list. ( f ) Display of available channels. A white space device must incorporate the capability to display a list of identified available channels and its operating channels. ( g ) Identifying information. Fixed white space devices shall transmit identifying information. The identification signal must conform to a standard established by a recognized industry standards setting organization. The identification signal shall carry sufficient information to identify the device and its geographic coordinates. ( h ) Database re-check requirement. ( 1 ) Mobile devices and fixed and Mode II personal/portable devices, excluding narrowband devices, operating in the television bands. ( i ) A device that has been in a powered-on state shall access the white space database at least once every 60 minutes to verify that the operating channel(s) and associated maximum power levels continue to be available at its location. Devices shall adjust their channel usage in accordance with the most recent channel availability schedule information provided by the white space database for the two-hour period beginning at the time of the device last accessed the database for a list of available channels. ( ii ) If a device fails to successfully contact the white space database, it may continue to operate until no longer than 120 minutes after the last successful contact, at which time it must cease operations until it reestablishes contact with the white space database and re-verifies its list of available channels and associated maximum power levels. ( 2 ) Fixed and Mode II personal/portable devices operating outside of the television bands. ( i ) A device that has been in a powered-on state shall access the database at least once a day to verify that the operating channel(s) and associated maximum power levels continue to be available at its location. ( ii ) If a device fails to successfully contact the white space database during any given day, it may continue to operate until 11:59 p.m. of the following day at which time it must cease operations until it re-establishes contact with the white space database and re-verifies its list of available channels and corresponding power levels. ( 3 ) Narrowband devices operating in the television bands. ( i ) A device that has been in a powered-on state shall access the database at least once each 24-hour period to verify that the operating channel(s) and associated maximum power levels continue to be available at its location. ( ii ) A device must cease operating if it fails to successfully access the database once 24 hours from its last successful contact elapses until it re-establishes contact with the white space database and re-verifies its list of available channels and corresponding power levels. ( i ) Push notifications. Device manufacturers and database administrators may implement a system that pushes updated channel availability information from the database to white space devices. However, the use of such systems is not mandatory, and the requirements for white space devices to validate the operating channel and to cease operation in accordance with paragraph (h) of this section continue to apply if such a system is used. ( j ) Security. ( 1 ) White space devices shall incorporate adequate security measures to ensure that they are capable of communicating for purposes of obtaining lists of available channels only with databases operated by administrators authorized by the Commission, and to ensure that communications between white space devices and databases are secure to prevent corruption or unauthorized interception of data. This requirement includes implementing security for communications between Mode I personal portable devices and fixed or Mode II devices for purposes of providing lists of available channels. This requirement applies to communications of channel availability and other spectrum access information between the databases and fixed and Mode II devices (it is not necessary for white space devices to apply security coding to channel availability and channel access information where they are not the originating or terminating device and that they simply pass through). ( 2 ) Communications between a Mode I device and a fixed or Mode II device for purposes of obtaining a list of available channels shall employ secure methods that ensure against corruption or unauthorized modification of the data. When a Mode I device makes a request to a fixed or Mode II device for a list of available channels, the receiving device shall check with the white space database that the Mode I device has a valid FCC Identifier before providing a list of available channels. Contact verification signals transmitted for Mode I devices are to be encoded with encryption to secure the identity of the transmitting device. Mode I devices using contact verification signals shall accept as valid for authorization only the signals of the device from which they obtained their list of available channels. ( 3 ) A white space database shall be protected from unauthorized data input or alteration of stored data. To provide this protection, the white space database administrator shall establish communications authentication procedures that allow fixed, mobile, and Mode II white space devices to be assured that the data they receive is from an authorized source. ( 4 ) Applications for certification of white space devices shall include a high level operational description of the technologies and measures that are incorporated in the device to comply with the security requirements of this section. In addition, applications for certification of fixed, mobile, and Mode II white space devices shall identify at least one of the white space databases operated by a designated white space database administrator that the device will access for channel availability and affirm that the device will conform to the communications security methods used by that database. ( k ) Requirements for mobile white space devices. ( 1 ) Mobile white space devices shall operate within geo-fenced areas over which the white space database has determined channel availability. A mobile white space device shall have the capability to internally store the boundaries of a geo-fenced area and determine its location with respect to those boundaries. The area boundaries stored within a mobile white space device must be the same as those used by the white space database to determine channel availability. ( 2 ) A mobile white space device shall incorporate a geo-location capability to determine its geographic coordinates. A mobile white space device may obtain its geographic coordinates through an external geo-location source, provided that source is on the same vehicle or other mobile platform as the mobile device. An external geo-location source may be connected to a mobile device through either a wired or a wireless connection, and a single geo-location source may provide location information to multiple mobile devices on the same mobile platform. An external geo-location source must be connected to a mobile device using a secure connection that ensures that only an external geo-location source that has been approved with a particular mobile device can provide geographic coordinates to that device. The geographic coordinates must be provided automatically by the external geo-location source to the mobile device; users may not manually enter them. Alternatively, an extender cable may be used to connect a remote receive antenna to a geo-location receiver within a mobile device. ( 3 ) The applicant for certification of a mobile device must demonstrate the accuracy of the geo-location method used and the location uncertainty as defined in paragraph (b) of this section. For mobile devices that are not using an internal geo-location capability, this uncertainty must account for the accuracy of the geo-location source and the separation distance between such source and the white space device. ( 4 ) The antenna height above ground shall be determined by the operator of the device, or by an automatic means. The mobile device shall provide this information to the white space database when it requests a list of available channels for the geo-fenced area in which it will operate. ( 5 ) Each mobile device must access a white space database over the internet to determine the available channels and the maximum permitted power for each available channel within the geo-fenced area in which it will operate. The white space database must take into consideration the mobile device's antenna height above ground level and geo-location uncertainty in determining the list of available channels. It must also take into consideration any variation in mobile device HAAT throughout the geo-fenced area and must use the highest HAAT within the geo-fenced area in determining channel availability. Operation is permitted only on channels that are indicated by the database as being available at the same power level throughout the entire geo-fenced area in which the mobile device will operate. ( 6 ) Mobile devices must comply with the same separation distances from protected services in § 15.712 as fixed devices. ( 7 ) Mobile devices may use electrically steerable directional antennas, but a device's maximum EIRP in any direction must be used by the white space database in determining channel availability. ( 8 ) A mobile device must re-check its coordinates at least once every 60 seconds while in operation except while in sleep mode, i.e., in a mode in which the device is inactive but is not powered down. It must cease operation if its location is within 1.9 kilometers of the boundary, or outside the boundary, of the geo-fenced area over which the white space database has determined the available channels. ( 9 ) A mobile white space device shall access the database at least as frequently as specified in paragraph (h) of this section to verify that the operating channel(s) and corresponding power levels continue to remain available. ( 10 ) Operation of mobile white space devices on satellites and aircraft, including unmanned aerial vehicles, is prohibited. [ 80 FR 73070 , Nov. 23, 2015, as amended at 81 FR 4974 , Jan. 29, 2016; 82 FR 41559 , Sept. 1, 2017; 84 FR 34797 , July 19, 2019; 86 FR 2292 , Jan. 12, 2021; 87 FR 18992 , Apr. 1, 2022; 88 FR 32692 , May 22, 2023] § 15.712 Interference protection requirements. The separation distances in this section apply to fixed, mobile, and personal/portable white space devices with a location accuracy of ±50 meters. These distances must be increased by the amount that the location uncertainty of a white space device exceeds ±50 meters. Narrowband white space devices shall comply with the separation distances applicable to a fixed white space device operating with 30 dBm conducted power and 36 dBm EIRP across a 6 megahertz channel. ( a ) Digital television stations, and digital and analog Class A TV, low power TV, TV translator and TV booster stations — ( 1 ) Protected contour. White space devices must protect digital and analog TV services within the contours shown in the following table. These contours are calculated using the methodology in § 73.684 of this chapter and the R-6602 curves contained in § 73.699 of this chapter . Type of station Protected contour Channel Contour (dBu) Propagation curve Analog: Class A TV, LPTV, translator and booster Low VHF (2-6) 47 F(50,50) High VHF (7-13) 56 F(50,50) UHF (14-69) 64 F(50,50) Digital: Full service TV, Class A TV, LPTV, translator and booster Low VHF (2-6) 28 F(50,90) High VHF (7-13) 36 F(50,90) UHF (14-51) 41 F(50,90) ( 2 ) Required separation distance. White space devices must be located outside the contours indicated in paragraph (a)(1) of this section of co-channel and adjacent channel stations by at least the minimum distances specified in the tables in paragraph (a)(2)(v) of this section. ( i ) If a device operates between two defined power levels, it must comply with the separation distances for the higher power level. ( ii ) White space devices operating at 40 mW EIRP or less are not required to meet the adjacent channel separation distances. ( iii ) Fixed white space devices operating at 100 mW EIRP or less per 6 megahertz across multiple contiguous TV channels with at least 3-megahertz separation between the frequency band occupied by the white space device and adjacent TV channels are not required to meet the adjacent channel separation distances. ( iv ) Fixed white space devices may only operate above 4 W EIRP in less congested areas as defined in § 15.703 . ( v ) The following are the tables of minimum required separation distances outside the contours of co-channel and adjacent channel stations that white space devices must meet. Table 2 to Paragraph (a)(2)(v) Mode II personal/portable white space devices Required separation in kilometers from co-channel digital or analog TV (full service or low power) protected contour 16 dBm (40 mW) 20 dBm (100 mW) Communicating with Mode II or Fixed device 1.3 1.7 Communicating with Mode I device 2.6 3.4 Table 3 to Paragraph (a)(2)(v) Fixed white space devices Antenna height above average terrain of unlicensed devices (meters) Required separation in kilometers from co-channel digital or analog TV (full service or low power) protected contour 1 16 dBm (40 mW) 20 dBm (100 mW) 24 dBm (250 mW) 28 dBm (625 mW) 32 dBm (1,600 mW) 36 dBm (4 W) 40 dBm (10 W) 42 dBm (16 W) Less than 3 1.3 1.7 2.1 2.7 3.3 4.0 4.5 5.0 3-10 2.4 3.1 3.8 4.8 6.1 7.3 8.5 9.4 10-30 4.2 5.1 6.0 7.1 8.9 11.1 13.9 15.3 30-50 5.4 6.5 7.7 9.2 11.5 14.3 19.1 20.9 50-75 6.6 7.9 9.4 11.1 13.9 18.0 23.8 26.2 75-100 7.7 9.2 10.9 12.8 17.2 21.1 27.2 30.1 100-150 9.4 11.1 13.2 16.5 21.4 25.3 32.3 35.5 150-200 10.9 12.7 15.8 19.5 24.7 28.5 36.4 39.5 200-250 12.1 14.3 18.2 22.0 27.3 31.2 39.5 42.5 250-300 13.9 16.4 20.0 23.9 29.4 35.4 42.1 45.9 300-350 15.3 17.9 21.7 25.7 31.4 37.6 44.5 48.4 350-400 16.6 19.3 23.2 27.3 33.3 39.7 46.9 51.0 400-450 17.6 20.4 24.4 28.7 35.1 41.9 49.4 53.8 450-500 18.3 21.4 25.5 30.1 36.7 43.7 51.4 55.9 500-550 18.9 21.8 26.3 31.0 37.9 45.3 53.3 57.5 1 When communicating with Mode I personal/portable white space devices, the required separation distances must be increased beyond the specified distances by 1.3 kilometers if the Mode I device operates at power levels no more than 40 mW EIRP or 1.7 kilometers if the Mode I device operates at power levels above 40 mW EIRP. Table 4 to Paragraph (a)(2)(v) Personal/portable white space devices Required separation in kilometers from adjacent channel digital or analog TV (full service or low power) protected contour 20 dBm (100 mW) Communicating with Mode II or Fixed device 0.1 Communicating with Mode I device 0.2 Table 5 to Paragraph (a)(2)(v) Fixed white space devices Antenna height above average terrain of unlicensed devices (meters) Required separation in kilometers from adjacent channel digital or analog TV (full service or low power) protected contour 1 20 dBm (100 mW) 24 dBm (250 mW) 28 dBm (625 mW) 32 dBm (1,600 mW) 36 dBm (4 W) 40 dBm (10 W) 42 dBm (16 W) Less than 3 0.1 0.1 0.1 0.1 0.2 0.2 0.3 3-10 0.1 0.2 0.2 0.2 0.3 0.4 0.5 10-30 0.2 0.3 0.3 0.4 0.5 0.6 0.7 30-50 0.3 0.3 0.4 0.5 0.7 0.8 1.0 50-75 0.3 0.4 0.5 0.7 0.8 0.9 1.0 75-100 0.4 0.5 0.6 0.8 1.0 1.1 1.3 100-150 0.5 0.6 0.8 0.9 1.2 1.3 1.5 150-200 0.5 0.7 0.9 1.1 1.4 1.5 1.7 200-250 0.6 0.8 1.0 1.2 1.5 1.7 1.9 250-300 0.7 0.8 1.0 1.3 1.6 2.1 2.3 300-350 0.7 0.9 1.1 1.4 1.8 2.2 2.4 350-400 0.8 1.0 1.2 1.5 1.9 2.4 2.7 400-450 0.8 1.0 1.3 1.6 2.1 2.6 2.9 450-500 0.8 1.1 1.4 1.7 2.1 2.7 2.9 500-550 0.9 1.2 1.5 1.8 2.2 2.8 3.0 1 When communicating with a Mode I personal/portable white space device that operates at power levels above 40 mW EIRP, the required separation distances must be increased beyond the specified distances by 0.1 kilometers. ( 3 ) Fixed white space device antenna height. Fixed white space devices must comply with the requirements of § 15.709(g) . ( b ) TV translator, Low Power TV (including Class A) and Multi-channel Video Programming Distributor (MVPD) receive sites. ( 1 ) MVPD, TV translator station and low power TV (including Class A) station receive sites located outside the protected contour of the TV station(s) being received may be registered in the white space database if they are no farther than 80 km outside the nearest edge of the relevant contour(s). Only channels received over the air and used by the MVPD, TV translator station or low power/Class A TV station may be registered. ( 2 ) White space devices may not operate within an arc of ±30 degrees from a line between a registered receive site and the contour of the TV station being received in the direction of the station's transmitter at a distance of up to 80 km from the edge of the protected contour of the received TV station for co-channel operation and up to 20 km from the registered receive site for adjacent channel operation, except that the protection distance shall not exceed the distance from the receive site to the protected contour. ( 3 ) Outside of the ±30 degree arc defined in paragraph (b)(2) of this section: ( i ) White space devices operating at 4 watts EIRP or less may not operate within 8 km from the receive site for co-channel operation and 2 km from the receive site for adjacent channel operation. ( ii ) White space devices operating with more than 4 watts EIRP and up to 10 watts EIRP may not operate within 10.2 kilometers from the receive site for co-channel operation and 2.5 kilometers from the receive site for adjacent channel operation. ( iii ) White space devices operating with more than 10 watts EIRP may not operate within 16.6 kilometers from the receive site for co-channel operation and 3.5 kilometers from the receive site for adjacent channel operation. ( iv ) For purposes of this section, a TV station being received may include a full power TV station, TV translator station or low power TV/Class A TV station. ( c ) Fixed Broadcast Auxiliary Service (BAS) links. ( 1 ) For permanent BAS receive sites appearing in the Commission's Universal Licensing System or temporary BAS receive sites registered in the white space database, white space devices may not operate within an arc of ±30 degrees from a line between the BAS receive site and its associated permanent transmitter within a distance of 80 km from the receive site for co-channel operation and 20 km for adjacent channel operation. ( 2 ) Outside of the ±30 degree arc defined in paragraph (c)(1) of this section: ( i ) White space devices operating at 4 watts EIRP or less may not operate within 8 km from the receive site for co-channel operation and 2 km from the receive site for adjacent channel operation. ( ii ) White space devices operating with more than 4 watts EIRP and up to 10 watts EIRP may not operate within 10.2 km from the receive site for co-channel operation and 2.5 km from the receive site for adjacent channel operation. ( iii ) White space devices operating with more than 10 watts EIRP may not operate within 16.6 kilometers from the receive site for co-channel operation and 3.5 kilometers from the receive site for adjacent channel operation. ( d ) PLMRS/CMRS operations. ( 1 ) White space devices may not operate at distances less than those specified in the table in this paragraph (d)(1) from the coordinates of the metropolitan areas and on the channels listed in § 90.303(a) of this chapter . Table 6 to Paragraph (d)(1) White space device transmitter power Required separation in kilometers from the areas specified in § 90.303(a) of this chapter Co-channel operation Adjacent channel operation Up to 250 meters HAAT Greater than 250 meters HAAT Up to 250 meters HAAT Greater than 250 meters HAAT Up to 4 watts EIRP 134.0 158.0 131.0 155.4 Greater than 4 watts and up to 10 watts EIRP 136.0 169.8 131.5 166.0 Greater than 10 watts and up to 16 watts EIRP 139.2 171.1 132.2 166.2 ( 2 ) White space devices may not operate at distances less than those specified in the table in this paragraph (d)(2) from PLMRS/CMRS operations authorized by waiver outside of the metropolitan areas listed in § 90.303(a) of this chapter . Table 7 to Paragraph (d)(2) White space device transmitter power Required separation in kilometers from operations authorized by waiver outside of the areas specified in § 90.303(a) of this chapter Co-channel operation Adjacent channel operation Up to 250 meters HAAT Greater than 250 meters HAAT Up to 250 meters HAAT Greater than 250 meters HAAT Up to 4 watts EIRP 54.0 78.0 51.0 75.4 Greater than 4 watts and up to 10 watts EIRP 56.0 89.8 51.5 86.0 Greater than 10 watts and up to 16 watts EIRP 59.2 91.1 52.2 86.2 ( e ) Offshore Radiotelephone Service. White space devices may not operate on channels used by the Offshore Radio Service within the geographic areas specified in § 74.709(e) of this chapter . ( f ) Low power auxiliary services, including wireless microphones. White space devices are not permitted to operate within the following distances of the coordinates of registered low power auxiliary station sites on the registered channels during the designated times they are used by low power auxiliary stations. ( 1 ) Fixed white space devices with 10 watts EIRP or less: 1 kilometer. ( 2 ) Fixed white space devices with greater than 10 watts EIRP: 1.3 kilometers. ( 3 ) Personal/portable white space devices: 400 meters. ( g ) Border areas near Canada and Mexico. Fixed, mobile, and personal/portable white space devices shall comply with the required separation distances in paragraph (a)(2) of this section from the protected contours of TV stations in Canada and Mexico. White space devices are not required to comply with the separation distances in paragraph (a)(2) from portions of the protected contours of Canadian or Mexican TV stations that fall within the United States. ( h ) Radio astronomy services. ( 1 ) Operation of fixed, mobile, and personal/portable white space devices is prohibited on all channels within 2.4 kilometers at the following locations. ( i ) The Naval Radio Research Observatory in Sugar Grove, West Virginia at 38 30 58 N and 79 16 48 W. ( ii ) The Table Mountain Radio Receiving Zone (TMRZ) at 40 08 02 N and 105 14 40 W. ( iii ) The following facilities: Observatory Latitude (deg/min/sec) Longitude (deg/min/sec) Arecibo Observatory 18 20 37 N 066 45 11 W Green Bank Telescope (GBT) 38 25 59 N 079 50 23 W Very Long Baseline Array (VLBA) Stations: Pie Town, NM 34 18 04 N 108 07 09 W Kitt Peak, AZ 31 57 23 N 111 36 45 W Los Alamos, NM 35 46 30 N 106 14 44 W Ft. Davis, TX 30 38 06 N 103 56 41 W N. Liberty, IA 41 46 17 N 091 34 27 W Brewster, WA 48 07 52 N 119 41 00 W Owens Valley, CA 37 13 54 N 118 16 37 W St. Croix, VI 17 45 24 N 064 35 01 W Hancock, NH 42 56 01 N 071 59 12 W Mauna Kea, HI 19 48 05 N 155 27 20 W ( 2 ) Operation within the band 608-614 MHz is prohibited within the areas defined by the following coordinates (all coordinates are NAD 83): ( i ) Pie Town, NM North latitude (deg/min/sec) West longitude (deg/min/sec) 35 25 56.28 107 44 56.40 35 15 57.24 107 41 27.60 33 52 14.16 107 30 25.20 33 22 39.36 107 49 26.40 33 57 38.52 109 36 10.80 34 04 46.20 109 34 12.00 34 27 20.88 109 12 43.20 35 15 30.24 108 25 55.20 ( ii ) Kitt Peak, AZ North latitude (deg/min/sec) West longitude (deg/min/sec) 34 08 18.24 111 36 46.80 33 54 10.08 109 38 20.40 32 09 25.56 113 42 03.60 31 29 15.72 111 33 43.20 33 20 36.60 113 36 14.40 34 09 20.52 112 34 37.20 ( iii ) Los Alamos, NM North latitude (deg/min/sec) West longitude (deg/min/sec) 36 25 54.12 106 06 07.20 36 32 26.88 105 59 27.60 36 45 23.40 105 48 03.60 36 48 10.44 105 30 21.60 36 13 37.92 105 26 38.40 35 38 40.92 105 48 36.00 35 36 51.48 105 49 30.00 34 06 17.28 107 10 48.00 34 16 18.12 107 17 16.80 35 21 22.68 106 51 07.20 ( iv ) Ft. Davis, TX North latitude (deg/min/sec) West longitude (deg/min/sec) 30 42 16.92 103 55 22.80 30 35 49.92 103 41 52.80 30 32 35.88 103 43 04.80 30 25 20.64 103 49 48.00 30 24 30.24 103 52 30.00 30 26 14.28 103 57 54.00 30 33 03.60 104 09 10.80 30 40 03.36 104 05 9.60 30 43 11.28 103 58 48.00 ( v ) N. Liberty, IA North latitude (deg/min/sec) West longitude (deg/min/sec) 42 03 27.00 90 54 16.56 41 59 03.12 90 46 49.44 41 34 19.20 90 51 11.16 41 19 27.12 90 58 58.80 41 02 09.96 91 07 18.84 41 07 51.24 92 03 44.64 41 50 03.12 92 36 20.16 42 28 50.16 91 44 35.16 ( vi ) Brewster, WA North latitude (deg/min/sec) West longitude (deg/min/sec) 48 18 00.36 119 35 27.60 48 16 40.08 119 34 51.60 48 15 20.52 119 34 33.60 48 12 26.64 119 34 08.40 48 07 51.96 119 34 33.60 48 06 44.64 119 34 48.00 47 58 44.40 119 36 03.60 47 55 06.60 119 37 40.80 47 52 48.72 119 39 03.60 48 00 49.68 119 59 06.00 48 26 59.64 119 46 04.80 48 26 08.52 119 43 22.80 ( vii ) Owens Valley, CA North latitude (deg/min/sec) West longitude (deg/min/sec) 37 05 49.56 118 02 13.20 37 03 27.36 118 01 08.40 36 29 09.96 118 06 50.40 36 30 48.60 118 11 56.40 36 37 08.04 118 16 37.20 37 25 12.72 118 41 16.80 37 27 30.24 118 41 02.40 37 44 45.96 118 39 03.60 37 59 49.92 118 32 09.60 37 46 12.72 118 20 09.60 ( viii ) St. Croix, VI North latitude (deg/min/sec) West longitude (deg/min/sec) 18 29 15.36 64 22 38.28 18 06 51.12 64 08 03.84 18 04 31.44 64 06 12.24 18 02 02.76 64 04 33.96 17 59 26.52 64 03 09.36 17 56 43.80 64 01 59.52 17 53 56.04 64 01 04.80 17 51 03.96 64 00 25.56 17 48 09.72 64 00 02.16 17 42 19.08 63 58 57.36 17 39 07.92 63 58 15.96 17 42 10.44 64 39 37.44 17 43 57.00 64 50 46.32 18 07 24.24 66 02 36.96 18 16 13.80 65 44 56.04 ( ix ) Hancock, NH North latitude (deg/min/sec) West longitude (deg/min/sec) 44 08 59.64 71 32 01.68 43 46 24.60 71 18 57.60 42 58 41.88 71 15 14.04 42 29 25.08 71 52 51.96 42 34 05.88 72 07 08.76 42 34 41.52 72 09 41.76 42 55 47.28 72 55 03.72 ( x ) Mauna Kea, HI North latitude (deg/min/sec) West longitude (deg/min/sec) 20 11 01.32 153 03 43.20 20 00 52.92 152 35 56.40 19 46 42.60 152 35 34.80 19 32 33.36 152 36 28.80 19 18 31.68 152 38 38.40 19 04 44.04 152 42 07.20 18 51 16.56 152 46 51.60 18 38 15.72 152 52 44.40 18 25 46.56 152 59 49.20 18 13 55.20 153 07 55.20 18 02 46.68 153 17 06.00 17 52 26.40 153 27 14.40 17 42 57.96 153 38 16.80 17 35 20.04 153 50 45.60 17 27 52.20 154 03 10.80 17 21 27.00 154 16 15.60 17 16 08.40 154 29 49.20 17 11 57.84 154 43 51.60 17 08 57.48 154 58 08.40 17 07 09.12 155 12 43.20 17 23 53.52 155 27 21.60 19 29 13.92 155 36 21.60 19 47 53.88 155 29 27.60 19 48 52.92 155 27 39.60 19 48 58.68 155 27 14.40 ( 3 ) Operation within the band 608-614 MHz is prohibited within the following areas: ( i ) The National Radio Quiet Zone as defined in § 1.924(a)(1) of this chapter . ( ii ) The islands of Puerto Rico, Desecheo, Mona, Vieques or Culebra ( i ) 600 MHz service band: Fixed and personal/portable devices operating in the 600 MHz Service Band must comply with the following co-channel and adjacent channel separation distances outside the defined polygonal area encompassing the base stations or other radio facilities deployed by a part 27 600 MHz Service Band licensee that has commenced operations, as defined in § 27.4 of this chapter . ( 1 ) Fixed white space devices may only operate above 4 W EIRP in less congested areas as defined in § 15.703 . ( 2 ) If a device operates between two defined power levels, it must comply with the separation distances for the higher power level. ( 3 ) For the purpose of this rule, co-channel means any frequency overlap between a channel used by a white space device and a five megahertz spectrum block used by a part 27 600 MHz band licensee, and adjacent channel means a frequency separation of zero to four megahertz between the edge of a channel used by a white space device and the edge of a five megahertz spectrum block used by a part 27 600 MHz band licensee. ( 4 ) On frequencies used by wireless uplink services: Mode II Personal/Portable White Space Devices 600 MHz band wireless uplink spectrum Minimum co-channel separation distances in kilometers between white space devices and any point along the edge of a polygon representing the outer edge of base station or other radio facility deployment 16 dBm (40 mW) 20 dBm (100 mW) Communicating with Mode II or Fixed device 5 6 Communicating with Mode I device 10 12 Fixed White Space Devices Antenna height above average terrain of unlicensed devices (meters) 600 MHz band wireless uplink spectrum Minimum co-channel separation distances in kilometers between white space devices and any point along the edge of a polygon representing the outer edge of base station or other radio facility deployment* 16 dBm (40mW) 20 dBm (100 mW) 24 dBm (250mW) 28 dBm (625 mW) 32 dBm (1600 mW) 36 dBm (4 W) 40 dBm (10 W) Less than 3 5 6 7 9 12 15 19 3—10 9 11 14 17 22 27 34 10—30 15 19 24 30 38 47 60 30—50 20 24 31 38 49 60 60 50—75 24 30 37 47 60 60 60 75—100 27 34 43 54 60 60 60 100—150 33 42 53 60 60 60 60 150—200 39 49 60 60 60 60 60 200-250 43 54 60 60 60 60 60 *When communicating with Mode I personal/portable white space devices, the required separation distances must be increased beyond the specified distances by 5 kilometers if the Mode I device operates at power levels no more than 40 mW EIRP or 6 kilometers if the Mode I device operates at power levels above 40 mW EIRP. Personal/Portable White Space Devices 600 MHz band wireless uplink spectrum Minimum adjacent channel separation distances in kilometers between white space devices and any point along the edge of a polygon representing the outer edge of base station or other radio facility deployment 20 dBm (100 mW) Communicating with Mode II or Fixed device 0.1 Communicating with Mode I device 0.3 Fixed White Space Devices Antenna height above average terrain of unlicensed devices (meters) 600 MHz band wireless uplink spectrum Minimum adjacent channel separation distances in kilometers between white space devices and any point along the edge of a polygon representing the outer edge of base station or other radio facility deployment* 20 dBm (100 mW) 24 dBm (250mW) 28 dBm (625 mW) 32 dBm (1600 mW) 36 dBm (4 W) 40 dBm (10 W) Less than 3 0.1 0.2 0.2 0.3 0.4 0.4 3-10 0.3 0.3 0.4 0.5 0.6 0.8 10-30 0.4 0.6 0.7 0.9 1.1 1.4 30-50 0.6 0.7 0.9 1.2 1.4 1.8 50-75 0.7 0.9 1.1 1.4 1.8 2.2 75-100 0.8 1.0 1.3 1.6 2.0 2.6 100-150 1.0 1.3 1.6 2.0 2.5 3.1 150-200 1.2 1.4 1.8 2.3 2.9 3.6 200-250 1.3 1.6 2.0 2.6 3.2 4.1 *When communicating with Mode I personal/portable white space devices, the required separation distances must be increased beyond the specified distances by 0.1 kilometers. ( 5 ) On frequencies used by wireless downlink services: 35 kilometers for co-channel operation, and 31 kilometers for adjacent channel operation. ( j ) Wireless Medical Telemetry Service. ( 1 ) White space devices operating in the 608-614 MHz band (channel 37) are not permitted to operate within an area defined by the polygon described in § 15.713(j)(11) plus the distances specified in the tables in this paragraph (j)(1) : ( i ) Mode II personal/portable white space devices. Table 23 to Paragraph (j)(1)(i) Required co-channel separation distances in kilometers from edge of polygon 16 dBm (40 mW) Communicating with Mode II or Fixed device 0.38 Communicating with Mode I device 0.76 ( ii ) Fixed white space devices, except that when communicating with Mode I personal/portable white space devices, the required separation distances must be increased beyond the specified distances by 0.38 kilometers. Table 24 to Paragraph (j)(1)(ii) Antenna height above average terrain of unlicensed devices (meters) Required co-channel separation distances in kilometers from edge of polygon 16 dBm (40 mW) Less than 3 0.38 3-10 0.70 10-30 1.20 30-50 1.55 50-75 1.90 75-100 2.20 100-150 2.70 150-200 3.15 200-250 3.50 ( 2 ) White space devices operating in the 602-608 MHz band (channel 36) and 614-620 MHz band (channel 38) are not permitted to operate within an area defined by the polygon described in § 15.713(j)(11) plus the distances specified in the tables in this paragraph (j)(2) : ( i ) Mode II personal/portable white space devices. Table 25 to Paragraph (j)(2)(i) Required adjacent channel separation distances in meters from edge of polygon 16 dBm (40 mW) 20 dBm (100 mW) Communicating with Mode II or Fixed device 8 13 Communicating with Mode I device 16 26 ( ii ) Fixed white space devices, except that when communicating with Mode I personal/portable white space devices, the required separation distances must be increased beyond the specified distances by 8 meters if the Mode I device operates at power levels no more than 40 mW EIRP, or 13 meters if the Mode I device operates at power levels above 40 mW EIRP. Table 26 to Paragraph (j)(2)(ii) Required adjacent channel separation distances in meters from edge of polygon 16 dBm (40 mW) 20 dBm (100 mW) 24 dBm (250 mW) 28 dBm (625 mW) 32 dBm (1600 mW) 36 dBm (4 watts) 8 13 20 32 50 71 ( k ) 488-494 MHz band in Hawaii. White space devices are not permitted to operate in the 488-494 MHz band in Hawaii. [ 80 FR 73070 , Nov. 23, 2015, as amended at 81 FR 4974 , Jan. 29, 2016; 84 FR 34798 , July 19, 2019; 86 FR 2293 , Jan. 12, 2021; 86 FR 8558 , Feb. 8, 2021] § 15.713 White space database. ( a ) Purpose. The white space database serves the following functions: ( 1 ) To determine and provide to a white space device, upon request, the available channels at the white space device's location in the TV bands, the 600 MHz duplex gap, the 600 MHz service band, and 608-614 MHz (channel 37). Available channels are determined based on the interference protection requirements in § 15.712 . A database must provide fixed, mobile, and Mode II personal portable white space devices with channel availability information that includes scheduled changes in channel availability over the course of the 48-hour period beginning at the time the white space devices make a recheck contact. In making lists of available channels available to a white space device, the white space database shall ensure that all communications and interactions between the white space database and the white space device include adequate security measures such that unauthorized parties cannot access or alter the white space database or the list of available channels sent to white space devices or otherwise affect the database system or white space devices in performing their intended functions or in providing adequate interference protections to authorized services operating in the TV bands, the 600 MHz duplex gap, the 600 MHz service band, and 608-614 MHz (channel 37). In addition, a white space database must also verify that the FCC identifier (FCC ID) of a device seeking access to its services is valid; under the requirement in this paragraph (a)(1) the white space database must also verify that the FCC ID of a Mode I device provided by a fixed or Mode II device is valid. A list of devices with valid FCC IDs and the FCC IDs of those devices is to be obtained from the Commission's Equipment Authorization System. ( 2 ) To determine and provide to an unlicensed wireless microphone user, upon request, the available channels at the microphone user's location in the 600 MHz guard bands, the 600 MHz duplex gap, and the 600 MHz service band. Available channels are determined based on the interference protection requirements in § 15.236 . ( 3 ) To register the identification information and location of fixed white space devices and unlicensed wireless microphone users. ( 4 ) To register protected locations and channels as specified in paragraph (b)(2) of this section, that are not otherwise recorded in Commission licensing databases. ( b ) Information in the white space database. ( 1 ) Facilities already recorded in Commission databases. Identifying and location information will come from the official Commission database. These services include: ( i ) Digital television stations. ( ii ) Class A television stations. ( iii ) Low power television stations. ( iv ) Television translator and booster stations. ( v ) Broadcast Auxiliary Service stations (including receive only sites), except low power auxiliary stations. ( vi ) Private land mobile radio service stations. ( vii ) Commercial mobile radio service stations. ( viii ) Offshore radiotelephone service stations. ( ix ) Class A television station receive sites. ( x ) Low power television station receive sites. ( xi ) Television translator station receive sites. ( 2 ) Facilities that are not recorded in Commission databases. Identifying and location information will be entered into the white space database in accordance with the procedures established by the white space database administrator(s). These include: ( i ) MVPD receive sites. ( ii ) Sites where low power auxiliary stations, including wireless microphones and wireless assist video devices, are used and their schedule for operation. ( iii ) Fixed white space device registrations. ( iv ) 600 MHz service band operations in areas where the part 27 600 MHz service licensee has commenced operations, as defined in § 27.4 of this chapter . ( v ) Locations of health care facilities that use WMTS equipment operating on channel 37 (608-614 MHz). ( c ) Restrictions on registration. ( 1 ) Television translator, low power TV and Class A station receive sites within the protected contour of the station being received are not eligible for registration in the database. ( 2 ) MVPD receive sites within the protected contour or more than 80 kilometers from the nearest edge of the protected contour of a television station being received are not eligible to register that station's channel in the database. ( d ) Determination of available channels. The white space database will determine the available channels at a location using the interference protection requirements of § 15.712 , the location information supplied by a white space device, and the data for protected stations/locations in the database. ( e ) White space device initialization. ( 1 ) Fixed, mobile, and Mode II white space devices must provide their location and required identifying information to the white space database in accordance with the provisions of this subpart. ( 2 ) Fixed, mobile, and Mode II white space devices shall not transmit unless they receive, from the white space database, a list of available channels and may only transmit on the available channels on the list provided by the database. ( 3 ) Fixed and mobile white space devices register and receive a list of available channels from the database by connecting to the internet, either directly or through another fixed white space device that has a direct connection to the internet. Fixed devices must also register with the database in accordance with paragraph (g) of this section. ( 4 ) Mode II white space devices receive a list of available channels from the database by connecting to the Internet, either directly or through a fixed or Mode II white space device that has a direct connection to the Internet. ( 5 ) A fixed or Mode II white space device that provides a list of available channels to a Mode I device shall notify the database of the FCC identifier of such Mode I device and receive verification that that FCC identifier is valid before providing the list of available channels to the Mode I device. ( 6 ) A fixed device with an antenna height above average terrain (HAAT) that exceeds 250 meters generally, or 500 meters in less congested areas, shall not be provided a list of available channels. The HAAT is to be calculated using computational software employing the methodology in § 73.684(d) of this chapter . ( f ) Unlicensed wireless microphone database access. Unlicensed wireless microphone users in the 600 MHz band may register with and access the database manually via a separate Internet connection. Wireless microphone users must register with and check a white space database to determine available channels prior to beginning operation at a given location. A user must re-check the database for available channels if it moves to another location. ( g ) Fixed white space device registration. ( 1 ) Prior to operating for the first time or after changing location, a fixed white space device must register with the white space database by providing the information listed in paragraph (g)(3) of this section. ( 2 ) The party responsible for a fixed white space device must ensure that the white space device registration database has the most current, up-to-date information for that device. ( 3 ) The white space device registration database shall contain the following information for fixed white space devices: ( i ) FCC identifier (FCC ID) of the device; ( ii ) Manufacturer's serial number of the device; ( iii ) Device's geographic coordinates (latitude and longitude (NAD 83)); ( iv ) Device's antenna height above ground level (meters); ( v ) Name of the individual or business that owns the device; ( vi ) Name of a contact person responsible for the device's operation; ( vii ) Address for the contact person; ( viii ) Email address for the contact person; ( ix ) Phone number for the contact person. ( h ) Mode II personal/portable and mobile device information to database. ( 1 ) A mobile device and a personal/portable device operating in Mode II shall provide the database its FCC Identifier (as required by § 2.926 of this chapter ) and serial number as assigned by the manufacturer. ( 2 ) A personal/portable device operating in Mode II shall provide the database the device's geographic coordinates (latitude and longitude (NAD 83)). ( 3 ) A mobile device shall provide the database with the boundaries of the geo-fenced area in which it will operate. Alternatively, the boundaries of the geo-fenced area may be loaded from the database into the mobile device. ( i ) Unlicensed wireless microphone registration. Unlicensed wireless microphone users in the 600 MHz band shall register with the database prior to operation and include the following information: ( 1 ) Name of the individual or business that owns the unlicensed wireless microphone ( 2 ) Address for the contact person ( 3 ) Email address for the contact person ( 4 ) Phone number for the contact person; and ( 5 ) Coordinates where the device will be used (latitude and longitude in NAD 83). ( j ) White space database information. The white space database shall contain the listed information for each of the following: ( 1 ) Digital television stations, digital and analog Class A, low power, translator and booster stations, including stations in Canada and Mexico that are within the border coordination areas as specified in § 73.1650 of this chapter (a white space database is to include only TV station information from station license or license application records. In cases where a station has records for both a license application and a license, a white space database should include the information from the license application rather than the license. In cases where there are multiple license application records or license records for the same station, the database is to include the most recent records, and again with license applications taking precedence over licenses.): ( i ) Transmitter coordinates (latitude and longitude in NAD 83); ( ii ) radiated power (ERP); ( iii ) Height above average terrain of the transmitting antenna (HAAT); ( iv ) Horizontal transmit antenna pattern (if the antenna is directional); ( v ) Amount of electrical and mechanical beam tilt (degrees depression below horizontal) and orientation of mechanical beam tilt (degrees azimuth clockwise from true north); ( vi ) Channel number; and ( vii ) Station call sign. ( 2 ) Broadcast Auxiliary Service. ( i ) Transmitter coordinates (latitude and longitude in NAD 83). ( ii ) Receiver coordinates (latitude and longitude in NAD 83). ( iii ) Channel number. ( iv ) Call sign. ( 3 ) Metropolitan areas listed in § 90.303(a) of this chapter . ( i ) Region name. ( ii ) Channel(s) reserved for use in the region. ( iii ) Geographic center of the region (latitude and longitude in NAD 83). ( iv ) Call sign. ( 4 ) PLMRS/CMRS base station operations located more than 80 km from the geographic centers of the 13 metropolitan areas defined in § 90.303(a) of this chapter (e.g., in accordance with a waiver). ( i ) Transmitter location (latitude and longitude in NAD 83) or geographic area of operations. ( ii ) TV channel of operation. ( iii ) Call sign. ( 5 ) Offshore Radiotelephone Service: For each of the four regions where the Offshore Radiotelephone Service operates. ( i ) Geographic boundaries of the region (latitude and longitude in NAD 83 for each point defining the boundary of the region. ( ii ) Channel(s) used by the service in that region. ( 6 ) MVPD receive sites: Registration for receive sites is limited to channels that are received over-the-air and are used as part of the MVPD service. ( i ) Name and address of MVPD company; ( ii ) Location of the MVPD receive site (latitude and longitude in NAD 83, accurate to ±50 m); ( iii ) Channel number of each television channel received, subject to the following condition: channels for which the MVPD receive site is located within the protected contour of that channel's transmitting station are not eligible for registration in the database; ( iv ) Call sign of each television channel received and eligible for registration; ( v ) Location (latitude and longitude) of the transmitter of each television channel received; ( 7 ) Television translator, low power TV and Class A TV station receive sites: Registration for television translator, low power TV and Class A receive sites is limited to channels that are received over-the-air and are used as part of the station's service. ( i ) Call sign of the TV translator station; ( ii ) Location of the TV translator receive site (latitude and longitude in NAD 83, accurate to ±/− 50 m); ( iii ) Channel number of the re-transmitted television station, subject to the following condition: a channel for which the television translator receive site is located within the protected contour of that channel's transmitting station is not eligible for registration in the database; ( iv ) Call sign of the retransmitted television station; and ( v ) Location (latitude and longitude) of the transmitter of the retransmitted television station. ( 8 ) Licensed low power auxiliary stations, including wireless microphones and wireless assist video devices: Use of licensed low power auxiliary stations at well-defined times and locations may be registered in the database. Multiple registrations that specify more than one point in the facility may be entered for very large sites. Registrations will be valid for no more than one year, after which they may be renewed. Registrations must include the following information: ( i ) Name of the individual or business responsible for the low power auxiliary device(s); ( ii ) An address for the contact person; ( iii ) An email address for the contact person (optional); ( iv ) A phone number for the contact person; ( v ) Coordinates where the device(s) are used (latitude and longitude in NAD 83, accurate to ±50 m); ( vi ) Channels used by the low power auxiliary devices operated at the site; ( vii ) Specific months, weeks, days of the week and times when the device(s) are used (on dates when microphones are not used the site will not be protected); and ( viii ) The stations call sign. ( 9 ) [Reserved] ( 10 ) 600 MHz service in areas where the part 27 600 MHz band licensee has commenced operations, as defined in § 27.4 of this chapter : ( i ) Name of 600 MHz band licensee; ( ii ) Name and address of the contact person; ( iii ) An email address for the contact person (optional); ( iv ) A phone number for the contact person; ( v ) Area within a part 27 600 MHz band licensee's Partial Economic Areas (PEA), as defined in § 27.6 of this chapter , where it has commenced operation. This area must be delineated by at minimum of eight and a maximum of 120 geographic coordinates (latitude and longitude in NAD 83, accurate to ±50 m); ( vi ) Date of commencement of operations; ( vii ) Identification of the frequencies on which the part 27 600 MHz band licensee has commenced operations; ( viii ) Call sign. ( 11 ) Location of health care facilities operating WMTS networks on channel 37 (608-614 MHz): ( i ) Name and address of the health care facility; ( ii ) Name and address of a contact person; ( iii ) Phone number of a contact person; ( iv ) Email address of a contact person; ( v ) Latitude and longitude coordinates referenced to North American Datum 1983 (NAD 83) that define the perimeter of each facility. If several health care facilities using 608-614 MHz wireless medical telemetry equipment are located in close proximity, it is permissible to register a perimeter to protect all facilities in that cluster. ( k ) Commission requests for data. ( 1 ) A white space database administrator must provide to the Commission, upon request, any information contained in the database. ( 2 ) A white space database administrator must remove information from the database, upon direction, in writing, by the Commission. ( l ) Security. The white space database shall employ protocols and procedures to ensure that all communications and interactions between the white space database and white space devices are accurate and secure and that unauthorized parties cannot access or alter the database or the list of available channels sent to a white space device. ( 1 ) Communications between white space devices and white space databases, and between different white space databases, shall be secure to prevent corruption or unauthorized interception of data. A white space database shall be protected from unauthorized data input or alteration of stored data. ( 2 ) A white space database shall verify that the FCC identification number supplied by a fixed, mobile, or personal/portable white space device is for a certified device and may not provide service to an uncertified device. ( 3 ) A white space database must not provide lists of available channels to uncertified white space devices for purposes of operation (it is acceptable for a white space database to distribute lists of available channels by means other than contact with white space devices to provide list of channels for operation). To implement this provision, a white space database administrator shall obtain a list of certified white space devices from the FCC Equipment Authorization System. [ 80 FR 73070 , Nov. 23, 2015, as amended at 81 FR 4974 , Jan. 29, 2016; 82 FR 41559 , Sept. 1, 2017; 84 FR 34799 , July 19, 2019; 86 FR 2295 , Jan. 12, 2021; 88 FR 32692 , May 22, 2023] § 15.714 White space database administration fees. ( a ) A white space database administrator may charge a fee for provision of lists of available channels to fixed, mobile, and personal/portable devices and for registering fixed devices. This paragraph (a) applies to devices that operate in the TV bands, the 600 MHz service band, the 600 MHz duplex gap, and 608-614 MHz (channel 37). ( b ) A white space database administrator may charge a fee for provision of lists of available channels to wireless microphone users. ( c ) The Commission, upon request, will review the fees and can require changes in those fees if they are found to be excessive. [ 80 FR 73070 , Nov. 23, 2015, as amended at 84 FR 34799 , July 19, 2019; 86 FR 2296 , Jan. 12, 2021] § 15.715 White space database administrator. The Commission will designate one or more entities to administer the white space database(s). The Commission may, at its discretion, permit the functions of a white space database, such as a data repository, registration, and query services, to be divided among multiple entities; however, it will designate specific entities to be a database administrator responsible for coordination of the overall functioning of a database and providing services to white space devices. Each database administrator designated by the Commission shall: ( a ) Maintain a database that contains the information described in § 15.713 . ( b ) Establish a process for acquiring and storing in the database necessary and appropriate information from the Commission's databases and synchronizing the database with the current Commission databases at least once a week to include newly licensed facilities or any changes to licensed facilities. ( c ) Establish a process for registering fixed white space devices and registering and including in the database facilities entitled to protection but not contained in a Commission database, including MVPD receive sites. ( d ) Establish a process for registering facilities where part 74 low power auxiliary stations are used on a regular basis. ( e ) Provide accurate lists of available channels and the corresponding maximum permitted power for each available channel to fixed, mobile, and personal/portable white space devices that submit to it the information required under § 15.713(e) , (g) , and (h) based on their geographic location and provide accurate lists of available channels and the corresponding maximum permitted power for each available channel to fixed, mobile, and Mode II devices requesting lists of available channels for Mode I devices. Database administrators may allow prospective operators of white space devices to query the database and determine whether there are vacant channels at a particular location. ( f ) Establish protocols and procedures to ensure that all communications and interactions between the white space database and white space devices are accurate and secure and that unauthorized parties cannot access or alter the database or the list of available channels sent to a white space device consistent with the provisions of § 15.713(l) . ( g ) Make its services available to all unlicensed white space device users on a non-discriminatory basis. ( h ) Provide service for a five-year term. This term can be renewed at the Commission's discretion. ( i ) Respond in a timely manner to verify, correct and/or remove, as appropriate, data in the event that the Commission or a party brings claim of inaccuracies in the database to its attention. This requirement applies only to information that the Commission requires to be stored in the database. ( j ) Transfer its database along with the IP addresses and URLs used to access the database and list of registered fixed white space devices, to another designated entity in the event it does not continue as the database administrator at the end of its term. It may charge a reasonable price for such conveyance. ( k ) The database must have functionality such that upon request from the Commission it can indicate that no channels are available when queried by a specific white space device or model of white space devices. ( l ) If more than one database is developed, the database administrators shall cooperate to develop a standardized process for providing on a daily basis or more often, as appropriate, the data collected for the facilities listed in § 15.713(b)(2) to all other white space databases to ensure consistency in the records of protected facilities. In response to a request for immediate access to a channel by a licensed wireless microphone user, white space database administrators are required to share the licensed microphone channel registration information to all other white space database administrators within 10 minutes of receiving each wireless microphone registration. ( m ) Provide a means to make publicly available all information the rules require the database to contain, including fixed white space device registrations and voluntarily submitted protected entity information, except the information provided by 600 MHz band licensees pursuant to § 15.713(j)(10)(v) and (vi) of this part shall not be made publicly available. ( n ) Establish procedures to allow part 27 600 MHz service licensees to upload the registration information listed in § 15.713(j)(10) for areas where they have commenced operations, as defined in § 27.4 of this chapter , and to allow the removal and replacement of registration information in the database when corrections or updates are necessary. ( o ) Remove from the database the registrations of fixed white space devices that have not checked the database for at least three months to update their channel lists. A database administrator may charge a new registration fee for a fixed white space device that is removed from the database under this provision but is later re-registered. ( p ) Establish procedures to allow health care facilities to register the locations of facilities where they operate WMTS networks on channel 37. ( q ) Establish procedures to allow unlicensed wireless microphone users in the 600 MHz band to register with the database and to provide lists of channels available for wireless microphones at a given location. [ 80 FR 73070 , Nov. 23, 2015, as amended at 81 FR 4975 , Jan. 29, 2016; 86 FR 2296 , Jan. 12, 2021; 87 FR 18993 , Apr. 1, 2022] § 15.717 White space devices that rely on spectrum sensing. ( a ) Applications for certification. Parties may submit applications for certification of white space devices that rely solely on spectrum sensing to identify available channels. Devices authorized under this section must demonstrate with an extremely high degree of confidence that they will not cause harmful interference to incumbent radio services. ( 1 ) In addition to the procedures in subpart J of part 2 of this chapter , applicants shall comply with the following. ( i ) The application must include a full explanation of how the device will protect incumbent authorized services against interference. ( ii ) Applicants must submit a pre-production device, identical to the device expected to be marketed. ( 2 ) The Commission will follow the procedures below for processing applications pursuant to this section. ( i ) Applications will be placed on public notice for a minimum of 30 days for comments and 15 days for reply comments. Applicants may request that portions of their application remain confidential in accordance with § 0.459 of this chapter . This public notice will include proposed test procedures and methodologies. ( ii ) The Commission will conduct laboratory and field tests of the pre-production device. This testing will be conducted to evaluate proof of performance of the device, including characterization of its sensing capability and its interference potential. The testing will be open to the public. ( iii ) Subsequent to the completion of testing, the Commission will issue by public notice, a test report including recommendations. The public notice will specify a minimum of 30 days for comments and, if any objections are received, an additional 15 days for reply comments. ( b ) Power limit for devices that rely on sensing. The white space device shall meet the requirements for personal/portable devices in this subpart except that it will be limited to a maximum EIRP of 50 mW per 6 megahertz of bandwidth on which the device operates and it does not have to comply with the requirements for geo-location and database access in § 15.711(b) , (d) , and (e) . Compliance with the detection threshold for spectrum sensing in § 15.717(c) , although required, is not necessarily sufficient for demonstrating reliable interference avoidance. Once a device is certified, additional devices that are identical in electrical characteristics and antenna systems may be certified under the procedures of part 2, Subpart J of this chapter . ( c ) Sensing requirements — ( 1 ) Detection threshold. ( i ) The required detection thresholds are: ( A ) ATSC digital TV signals: −114 dBm, averaged over a 6 MHz bandwidth; ( B ) NTSC analog TV signals: −114 dBm, averaged over a 100 kHz bandwidth; ( C ) Low power auxiliary, including wireless microphone, signals: −107 dBm, averaged over a 200 kHz bandwidth. ( ii ) The detection thresholds are referenced to an omnidirectional receive antenna with a gain of 0 dBi. If a receive antenna with a minimum directional gain of less than 0 dBi is used, the detection threshold shall be reduced by the amount in dB that the minimum directional gain of the antenna is less than 0 dBi. Minimum directional gain shall be defined as the antenna gain in the direction and at the frequency that exhibits the least gain. Alternative approaches for the sensing antenna are permitted, e.g., electronically rotatable antennas, provided the applicant for equipment authorization can demonstrate that its sensing antenna provides at least the same performance as an omnidirectional antenna with 0 dBi gain. ( 2 ) Channel availability check time. A white space device may start operating on a TV channel if no TV, wireless microphone or other low power auxiliary device signals above the detection threshold are detected within a minimum time interval of 30 seconds. ( 3 ) In-service monitoring. A white space device must perform in-service monitoring of an operating channel at least once every 60 seconds. There is no minimum channel availability check time for in-service monitoring. ( 4 ) Channel move time. After a TV, wireless microphone or other low power auxiliary device signal is detected on a white space device operating channel, all transmissions by the white space device must cease within two seconds.
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PART 30—UPPER MICROWAVE FLEXIBLE USE SERVICE Authority: 47 U.S.C. 151 , 152 , 153 , 154 , 301 , 303 , 304 , 307 , 309 , 310 , 316 , 332 , 1302 , unless otherwise noted. Source: 81 FR 79937 , Nov. 14, 2016, unless otherwise noted. Subpart A—General § 30.1 Creation of upper microwave flexible use service, scope and authority. As of December 14, 2016, Local Multipoint Distribution Service licenses for the 27.5-28.35 GHz band, and licenses issued in the 38.6-40 GHz band under part 101 of this chapter shall be reassigned to the Upper Microwave Flexible Use Service. Local Multipoint Distribution Service licenses in bands other than 27.5-28.35 GHz shall remain in that service and shall be governed by the part 101 of this chapter applicable to that service. § 30.2 Definitions. The following definitions apply to this part: Authorized bandwidth. The maximum width of the band of frequencies permitted to be used by a station. This is normally considered to be the necessary or occupied bandwidth, whichever is greater. (See § 2.202 of this chapter ). Authorized frequency. The frequency, or frequency range, assigned to a station by the Commission and specified in the instrument of authorization. Fixed satellite earth station. An earth station intended to be used at a specified fixed point. Local Area Operations. Operations confined to physical facility boundaries, such as a factory. Point-to-Multipoint Hub Station. A fixed point-to-multipoint radio station that provides one-way or two-way communication with fixed Point-to-Multipoint Service User Stations. Point-to-Multipoint Service. A fixed point-to-multipoint radio service consisting of point-to-multipoint hub stations that communicate with fixed point-to-multipoint user stations. Point-to-Multipoint User Station. A fixed radio station located at users' premises, lying within the coverage area of a Point-to-Multipoint Hub station, using a directional antenna to receive one-way communications from or providing two-way communications with a fixed Point-to-Multipoint Hub Station. Point-to-point station. A station that transmits a highly directional signal from a fixed transmitter location to a fixed receive location. Portable device. Transmitters designed to be used within 20 centimeters of the body of the user. Prior coordination. A bilateral process conducted prior to filing applications which includes the distribution of the technical parameters of a proposed radio system to potentially affected parties for their evaluation and timely response. Secondary operations. Radio communications which may not cause interference to operations authorized on a primary basis and which are not protected from interference from these primary operations Transportable station. Transmitting equipment that is not intended to be used while in motion, but rather at stationary locations. Universal Licensing System. The Universal Licensing System (ULS) is the consolidated database, application filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all applications and related documents by applicants and licensees in the Wireless Radio Services, and provides public access to licensing information. § 30.3 Eligibility. Any entity who meets the technical, financial, character, and citizenship qualifications that the Commission may require in accordance with such Act, other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 310 , is eligible to hold a license under this part. § 30.4 Frequencies. The following frequencies are available for assignment in the Upper Microwave Flexible Use Service: ( a ) 24.25-24.45 GHz and 24.75-25.25 GHz bands—24.25-24.35 GHz; 24.35-24.45 GHz; 24.75-24.85 GHz; 24.85-24.95 GHz; 24.95-25.05 GHz; 25.05-25.15 GHz; and 25.15-25.25 GHz. ( b ) [Reserved] ( c ) 27.5 GHz—28.35 GHz band—27.5-27.925 GHz and 27.925-28.35 GHz. ( d ) 38.6-40 GHz band: ( 1 ) New channel plan: Channel No. Frequency band limits (MHz) 1 38,600-38,700 2 38,700-38,800 3 38,800-38,900 4 38,900-39,000 5 39,000-39,100 6 39,100-39,200 7 39,200-39,300 8 39,300-39,400 9 39,400-39,500 10 39,500-39,600 11 39,600-39,700 12 39,700-39,800 13 39,800-39,900 14 39,900-40,000 ( 2 ) Pending transition to the new channel plan, existing 39 GHz licensees licensed under part 101 of this chapter may continue operating on the following channel plan: Channel group A Channel group B Channel No. Frequency band limits (MHz) Channel No. Frequency band limits (MHz) 1-A 38,600-38,650 1-B 39,300-39,350 2-A 38,650-38,700 2-B 39,350-39,400 3-A 38,700-38,750 3-B 39,400-39,450 4-A 38,750-38,800 4-B 39,450-39,500 5-A 38,800-38,850 5-B 39,500-39,550 6-A 38,850-38,900 6-B 39,550-39,600 7-A 38,900-38,950 7-B 39,600-39,650 8-A 38,950-39,000 8-B 39,650-39,700 9-A 39,000-39,050 9-B 39,700-39,750 10-A 39,050-39,100 10-B 39,750-39,800 11-A 39,100-39,150 11-B 39,800-39,850 12-A 39,150-39,200 12-B 39,850-39,900 13-A 39,200-39,250 13-B 39,900-39,950 14-A 39,250-39,300 14-B 39,950-40,000 ( e ) [Reserved] ( f ) 37-38.6 GHz band: 37,600-37,700; 37,700-37,800 MHz; 37,800-37,900 MHz; 37,900-38,000 MHz; 38,000-38,100 MHz; 38,100-38,200 MHz; 38,200-38,300 MHz; 38,300-38,400 MHz; 38,400-38,500 MHz, and 38,500-38,600 MHz. The 37,000-37,600 MHz band segment shall be available on a site-specific, coordinated shared basis with eligible Federal entities. ( g ) 47.2-48.2 GHz band—47.2-47.3 GHz; 47.3-47.4 GHz; 47.4-47.5 GHz; 47.5-47.6 GHz; 47.6-47.7 GHz; 47.7-47.8 GHz; 47.8-47.9 GHz; 47.9-48.0 GHz; 48.0-48.1 GHz; and 48.1-48.2 GHz. [ 81 FR 79937 , Nov. 14, 2016, as amended at 83 FR 65 , Jan. 2, 2018; 84 FR 1631 , Feb. 5, 2019] § 30.5 Service areas. ( a ) Except as noted in paragraphs (b) and (c) of this section, and except for the shared 37-37.6 GHz band, the service areas for the Upper Microwave Flexible Use Service are Partial Economic Areas. ( b ) For the 27.5-28.35 GHz band, the service areas shall be counties. ( c ) Common Carrier Fixed Point-to-Point Microwave Stations licensed in the 38.6-40 GHz bands licensed with Rectangular Service Areas shall maintain their Rectangular Service Area as defined in their authorization. The frequencies associated with Rectangular Service Area authorizations that have expired, cancelled, or otherwise been recovered by the Commission will automatically revert to the applicable county licensee. ( d ) In the 37.5-40 GHz band, Upper Microwave Flexible Use Service licensees shall not place facilities within the protection zone of Fixed-Satellite Service earth stations authorized pursuant to § 25.136 of this chapter , absent consent from the Fixed-Satellite Service earth station licensee. § 30.6 Permissible communications. ( a ) A licensee in the frequency bands specified in § 30.4 may provide any services for which its frequency bands are allocated, as set forth in the non-Federal Government column of the Table of Frequency Allocations in § 2.106 of this chapter (column 5). ( b ) Fixed-Satellite Service shall be provided in a manner consistent with part 25 of this chapter . The technical and operating rules in this part shall not apply to Fixed-Satellite Service operation. [ 81 FR 79937 , Nov. 14, 2016, as amended at 83 FR 65 , Jan. 2, 2018] § 30.7 37-37.6 GHz Band—Shared coordinated service. ( a ) The 37-37.6 GHz band will be available for site-based registrations on a coordinated basis with co-equal eligible Federal entities. ( b ) Any non-Federal entity meeting the eligibility requirements of § 30.3 may operate equipment that complies with the technical rules of this part pursuant to a Shared Access License. ( c ) Licensees in the 37-37.6 GHz band must register their individual base stations and access points prior to placing them in operation. § 30.8 [Reserved] Subpart B—Applications and Licenses § 30.101 Initial authorizations. Except with respect to in the 37-37.6 GHz band, an applicant must file a single application for an initial authorization for all markets won and frequency blocks desired. Initial authorizations shall be granted in accordance with § 30.4 . Applications for individual sites are not required and will not be accepted, except where required for environmental assessments, in accordance with §§ 1.1301 through 1.1319 of this chapter . § 30.102 Transition of existing local multipoint distribution service and 39 GHz licenses. Local Multipoint Distribution Service licenses in the 27.5—28.35 GHz band issued on a Basic Trading Area basis shall be disaggregated into county-based licenses and 39 GHz licenses issued on an Economic Area basis shall be disaggregated into Partial Economic Area-based licenses on December 14, 2016. For each county in the Basic Trading Area or Partial Economic Area in the Economic Area which is part of the original license, the licensee shall receive a separate license. If there is a co-channel Rectangular Service Area licensee within the service area of a 39 GHz Economic Area licensee, the disaggregated license shall not authorize operation with the service area of the Rectangular Service Area license. § 30.103 License term. Initial authorizations will have a term not to exceed ten years from the date of initial issuance or renewal. § 30.104 Performance requirements. ( a ) Upper Microwave Flexible Use Service licensees must make a buildout showing as part of their renewal applications. Licensees relying on mobile or point-to-multipoint service must show that they are providing reliable signal coverage and service to at least 40 percent of the population within the service area of the licensee, and that they are using facilities to provide service in that area either to customers or for internal use. Licensees relying on point-to-point service must demonstrate that they have four links operating and providing service, either to customers or for internal use, if the population within the license area is equal to or less than 268,000. If the population within the license area is greater than 268,000, a licensee relying on point-to-point service must demonstrate it has at least one link in operation and is providing service for each 67,000 population within the license area. In order to be eligible to be counted under the point-to-point buildout standard, a point-to-point link must operate with a transmit power greater than +43 dBm. ( b ) In the alternative, a licensee may make its buildout showing on the basis of geographic area coverage. To satisfy the requirements of using this metric, licensees relying on mobile or point-to-multipoint service must show that they are providing reliable signal coverage and service to at least 25% of the geographic area of the license. The geographic area of the license shall be determined by the total land area of the county or counties covered by the license. Licensees relying on fixed point-to-point links or other, low-power point-to-point connections must show that they have deployed at least one transmitter or receiver in at least 25% of the census tracts within the license area. All equipment relied upon in the showing, whatever type of service or connection it provides, must be operational and providing service, either to customers or for internal use, as of the date of the filing. ( c ) Showings that rely on a combination of multiple types of service will be evaluated on a case-by-case basis. Licensees may not combine population-based showings with geographic area-based showings. ( d ) If a licensee in this service is also a Fixed-Satellite Service licensee and uses the spectrum covered under its UMFUS license in connection with a satellite earth station, it can demonstrate compliance with the requirements of this section by demonstrating that the earth station in question is in service, operational, and using the spectrum associated with the license. This provision can only be used to demonstrate compliance for the county in which the earth station is located. ( e ) Failure to meet this requirement will result in automatic cancellation of the license. In bands licensed on a Partial Economic Area basis, licensees will have the option of partitioning a license on a county basis in order to reduce the population or land area within the license area to a level where the licensee's buildout would meet one of the applicable performance metrics. ( f ) Existing 24 GHz, 28 GHz and 39 GHz licensees shall be required to make a showing pursuant to this section by June 1, 2024. [ 81 FR 79937 , Nov. 14, 2016, as amended at 83 FR 65 , Jan. 2, 2018; 83 FR 34492 , July 20, 2018] § 30.105 Geographic partitioning and spectrum disaggregation. ( a ) Parties seeking approval for partitioning and disaggregation shall request from the Commission an authorization for partial assignment of a license pursuant to § 1.948 of this chapter . Upper Microwave Flexible Use Service licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses. ( b ) Technical standards — ( 1 ) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 of this chapter and list the partitioned service area on a schedule to the application. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). ( 2 ) Spectrum may be disaggregated in any amount. ( 3 ) The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation. ( 4 ) For purposes of partitioning and disaggregation, part 30 systems must be designed so as not to exceed the signal level specified for the particular spectrum block in § 30.204 at the licensee's service area boundary, unless the affected adjacent service area licensees have agreed to a different signal level. ( c ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 30.103 . [ 81 FR 79937 , Nov. 14, 2016, as amended at 82 FR 41548 , Sept. 1, 2017] Subpart C—Technical Standards § 30.201 Equipment authorization. ( a ) Except as provided under paragraph (c) of this section, each transmitter utilized for operation under this part must be of a type that has been authorized by the Commission under its certification procedure. ( b ) Any manufacturer of radio transmitting equipment to be used in these services may request equipment authorization following the procedures set forth in subpart J of part 2 of this chapter . Equipment authorization for an individual transmitter may be requested by an applicant for a station authorization by following the procedures set forth in part 2 of this chapter . ( c ) Unless specified otherwise, transmitters for use under the provisions of subpart E of this part for fixed point-to-point microwave and point-to-multipoint services must be a type that has been verified for compliance. § 30.202 Power limits. ( a ) For fixed and base stations operating in connection with mobile systems, the average power of the sum of all antenna elements is limited to an equivalent isotopically radiated power (EIRP) density of +75dBm/100 MHz. For channel bandwidths less than 100 megahertz the EIRP must be reduced proportionally and linearly based on the bandwidth relative to 100 megahertz. ( b ) For mobile stations, the average power of the sum of all antenna elements is limited to a maximum EIRP of +43 dBm. ( c ) For transportable stations, as defined in § 30.2 , the average power of the sum of all antenna elements is limited to a maximum EIRP of +55 dBm. ( d ) For fixed point-to-point and point-to-multipoint limits see § 30.405 . § 30.203 Emission limits. ( a ) The conductive power or the total radiated power of any emission outside a licensee's frequency block shall be −13 dBm/MHz or lower. However, in the bands immediately outside and adjacent to the licensee's frequency block, having a bandwidth equal to 10 percent of the channel bandwidth, the conductive power or the total radiated power of any emission shall be −5 dBm/MHz or lower. ( b ) ( 1 ) Compliance with this provision is based on the use of measurement instrumentation employing a resolution bandwidth of 1 megahertz or greater. ( 2 ) When measuring the emission limits, the nominal carrier frequency shall be adjusted as close to the licensee's frequency block edges as the design permits. ( 3 ) The measurements of emission power can be expressed in peak or average values. ( c ) For fixed point-to-point and point-to-multipoint limits see § 30.404 . § 30.204 Field strength limits. ( a ) Base/mobile operations: The predicted or measured Power Flux Density (PFD) from any Base Station operating in the 27.5-28.35 GHz band, 37-38.6 GHz band, and 38.6-40 GHz bands at any location on the geographical border of a licensee's service area shall not exceed −76dBm/m 2 /MHz (measured at 1.5 meters above ground) unless the adjacent affected service area licensee(s) agree(s) to a different PFD. ( b ) Fixed point-to-point operations. ( 1 ) Prior to operating a fixed point-to-point transmitting facility in the 27,500-28,350 MHz band where the facilities are located within 20 kilometers of the boundary of the licensees authorized market area, the licensee must complete frequency coordination in accordance with the procedures specified in § 101.103(d)(2) of this chapter with respect to neighboring licensees that may be affected by its operations. ( 2 ) Prior to operating a fixed point-to-point transmitting facility in the 37,000-40,000 MHz band where the facilities are located within 16 kilometers of the boundary of the licensees authorized market area, the licensee must complete frequency coordination in accordance with the procedures specified in § 101.103(d)(2) of this chapter with respect to neighboring licensees that may be affected by its operations. § 30.205 Federal coordination requirements. ( a ) Licensees in the 37-38 GHz band located within the zones defined by the coordinates in the tables below must coordinate their operations with Federal Space Research Service (space to Earth) users of the band via the National Telecommunications and Information Administration (NTIA). All licensees operating within the zone defined by the 60 dBm/100 MHz EIRP coordinates in the tables below must coordinate all operations. Licensees operating within the area between the zones defined by the 60 dBm and 75 dBm/100 MHz EIRP coordinates in the tables below must coordinate all operations if their base station EIRP is greater than 60 dBm/100 MHz or if their antenna height exceeds 100 meters above ground level. Licensees operating outside the zones defined by the 75 dBm/100 MHz EIRP coordinates in the tables below are not required to coordinate their operations with NTIA. Table 1 to Paragraph (a): Goldstone, California Coordination Zone 60 dBm/100 MHz EIRP 75 dBm/100 MHz EIRP Latitude/Longitude (decimal degrees) Latitude/Longitude (decimal degrees) Latitude/Longitude (decimal degrees) Latitude/Longitude (decimal degrees) 34.69217/−115.6491 34.19524/−117.47963 34.69217/−115.6491 34.19524/−117.47963 35.25746/−115.32041 34.24586/−117.36210 35.25746/−115.32041 34.24586/−117.36210 36.21257/−117.06567 35.04648/−117.03781 36.11221/−116.63632 34.21748/−117.12812 36.55967/−117.63691 35.04788/−117.00949 36.54731/−117.48242 34.20370/−116.97024 36.66297/−118.31017 34.22940/−117.22327 36.73049/−118.33683 34.12196/−116.93109 36.06074/−118.38528 34.20370/−116.97024 36.39126/−118.47307 34.09498/−116.75473 35.47015/−118.39008 34.12196/−116.93109 36.36891/−118.47134 34.13603/−116.64002 35.40865/−118.34353 34.09498/−116.75473 35.47015/−118.39008 34.69217/−115.6591 35.35986/−117.24709 34.19642/−116.72901 35.40865/−118.34353 34.69217/−115.6491 35.29539/−117.21102 34.64906/−116.62741 35.32048/−117.26386 34.67607/−118.55412 34.44404/−116.31486 34.63725/−118.96736 34.61532/−118.36919 34.52736/−116.27845 34.55789/−118.36204 34.91551/−117.70371 34.76685/−116.27930 34.51108/−118.15329 34.81257/−117.65400 34.69217/−115.6591 34.39220/−118.28852 34.37411/−118.18385 34.69217/−115.6491 34.38546/−118.27460 34.33405/−117.94189 34.37524/−118.24191 34.27249/−117.65445 34.37039/−118.22557 Table 2 to Paragraph ( a )—Socorro, New Mexico Coordination Zone 60 dBm/100 MHz EIRP 75 dBm/100 MHz EIRP Latitude/longitude (decimal degrees) Latitude/longitude (decimal degrees) Latitude/longitude (decimal degrees) 34.83816/−107.66828 33.44401/−108.67876 33.10651/−108.19320 34.80070/−107.68759 33.57963/−107.79895 33.11780/−107.99980 34.56506/−107.70233 33.84552/−107.60207 33.13558/−107.85611 34.40826/−107.71489 33.85964/−107.51915 33.80383/−107.16520 34.31013/−107.88349 33.86479/−107.17223 33.94554/−107.15516 34.24067/−107.96059 33.94779/−107.15038 33.95665/−107.15480 34.10278/−108.23166 34.11122/−107.18132 34.08156/−107.18137 34.07442/−108.30646 34.15203/−107.39035 34.10646/−107.18938 34.01447/−108.31694 34.29643/−107.51071 35.24269/−107.67969 33.86740/−108.48706 34.83816/−107.66828 34.06647/−108.70438 33.81660/−108.51052 33.35946/−108.68902 33.67909/−108.58750 33.29430/−108.65004 33.50223/−108.65470 33.10651/−108.19320 Table 3 to Paragraph ( a )—White Sands, New Mexico Coordination Zone 60 dBm/100 MHz EIRP 75 dBm/100 MHz EIRP Latitude/longitude (decimal degrees) Latitude/longitude (decimal degrees) Latitude/longitude (decimal degrees) Latitude/longitude (decimal degrees) 33.98689/−107.15967 31.78455/−106.54058 31.7494/−106.49132 32.88382/−108.16588 33.91573/−107.46301 32.24710/−106.56114 32.24524/−106.56507 32.76255/−108.05679 33.73122/−107.73585 32.67731/−106.53681 32.67731/−106.53681 32.56863/−108.43999 33.37098/−107.84333 32.89856/−106.56882 32.89856/−106.56882 32.48991/−108.50032 33.25424/−107.86409 33.24323/−106.70094 33.04880/−106.62309 32.39142/−108.48959 33.19808/−107.89673 33.98689/−107.15967 33.21824/−106.68992 31.63664/−108.40480 33.02128/−107.87226 33.24347/−106.70165 31.63466/−108.20921 32.47747/−107.77963 34.00708/−107.08652 31.78374/−108.20798 32.31543/−108.16101 34.04967/−107.17524 31.78322/−106.52825 31.79429/−107.88616 33.83491/−107.85971 31.7494/−106.49132 ( b ) Licensees in the 37-38.6 GHz band located within the zones defined by the coordinates in the table below must coordinate their operations with the Department of Defense via the National Telecommunications and Information Administration (NTIA). Table 4 to Paragraph (b) —Coordination Areas for Federal Terrestrial Systems Location Agency Coordination area (decimal degrees) China Lake, CA Navy 50 kilometer radius centered on latitude 35.614781 and longitude −117.454309. San Diego, CA Navy 30 kilometer radius centered on latitude 32.68333 and longitude −117.23333. Nanakuli, HI Navy 30 kilometer radius centered on latitude 21.38333 and longitude −158.13333. Fishers Island, NY Navy 30 kilometer radius centered on latitude 41.25 and longitude −72.01666. Saint Croix, VI Navy 30 kilometer radius centered on latitude 17.74722 and longitude −64.88. Fort Irwin, CA Army 30 kilometer radius centered on latitude 35.26666 and longitude −116.68333. Fort Carson, CO Army 30 kilometer radius centered on latitude 38.71666 and longitude −104.65. Fort Hood, TX Army 30 kilometer radius centered on latitude 31.11666 and longitude −97.76666. Fort Bliss, TX Army 30 kilometer radius centered on latitude 31.8075 and longitude −106.42166. Yuma Proving Ground, AZ Army 30 kilometer radius centered on latitude 32.48333 and longitude −114.33333. Fort Huachuca, AZ Army 30 kilometer radius centered on latitude 31.55 and longitude −110.35. White Sands Missile Range, NM Army 30 kilometer radius centered on latitude 33.35 and longitude −106.3. Edwards AFB, CA Air Force 20 kilometer radius centered on latitude 34.922905 and longitude −117.891219. Moody Air Force Base, GA Air Force 30 kilometer radius centered on latitude 30.96694 and longitude −83.185. Hurlburt Air Force Base, FL Air Force 30 kilometer radius centered on latitude 30.42388 and longitude −86.70694. ( c ) In addition to the locations listed in table 4 to paragraph (b) of this section, requests may be submitted to the Commission for access to the 37.6-38.6 GHz band for specific additional military bases and ranges for the purpose of defense applications or national security when the proposed military operations cannot be accommodated in the 37-37.6 GHz band. [ 81 FR 79937 , Nov. 14, 2016, as amended at 84 FR 18405 , May 1, 2019; 84 FR 20820 , May 13, 2019] § 30.206 International coordination. Operations in the 27.5-28.35 GHz, 37-38.6, and 38.6-40 GHz bands are subject to existing and future international agreements with Canada and Mexico. § 30.207 Radio frequency (RF) safety. Licensees and manufacturers are subject to the radio frequency radiation exposure requirements specified in §§ 1.1307(b) , 1.1310 , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. § 30.208 Operability. Mobile and transportable stations that operate on any portion of frequencies within the 27.5-28.35 GHz or the 37-40 GHz bands must be capable of operating on all frequencies within those particular bands. Mobile and transportable stations that operate on any portion of either the 24.25-24.45 GHz or 24.75-25.25 GHz bands must be capable of operating on all frequencies within both of those bands. [ 83 FR 34492 , July 20, 2018] § 30.209 Duplexing. Stations authorized under this rule part may employ frequency division duplexing, time division duplexing, or any other duplexing scheme, provided that they comply with the other technical and operational requirements specified in this part. Subpart D—Competitive Bidding Procedures § 30.301 Upper Microwave Flexible Use Service subject to competitive bidding. Mutually exclusive initial applications for Upper Microwave Flexible User Service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. § 30.302 Designated entities and bidding credits. ( a ) Eligibility for small business provisions. ( 1 ) A small business is an entity that, together with its affiliates, its controlling interests and the affiliates of its controlling interests, have average gross revenues that are not more than $55 million for the preceding three (3) years. ( 2 ) A very small business is an entity that, together with its affiliates, its controlling interests and the affiliates of its controlling interests, has average gross revenues that are not more than $20 million for the preceding three ( 3 ) years. ( b ) Bidding credits. A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(i)(C) of this chapter . A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use a bidding credit of 25 percent, as specified in § 1.2110(f)(2)(i)(B) of this chapter . ( c ) A rural service provider, as defined in § 1.2110(f)(4) of this chapter , who has not claimed a small business bidding credit may use a bidding credit of 15 percent bidding credit, as specified in § 1.2110(f)(4)(i) of this chapter . Subpart E—Special Provisions for Fixed Point-to-Point, Fixed Point-to-Multipoint Hub Stations, and Fixed Point-to-Multipoint User Stations § 30.401 Permissible service. Stations authorized under this subpart may deploy stations used solely as fixed point-to-point stations, fixed point-to-multipoint hub stations, or fixed point-to-multipoint user stations, as defined in § 30.2 , subject to the technical and operational requirements specified in this subpart. § 30.402 Frequency tolerance. The carrier frequency of each transmitter authorized under this subpart must be maintained within the following percentage of the reference frequency (unless otherwise specified in the instrument of station authorization the reference frequency will be deemed to be the assigned frequency): Frequency (MHz) Frequency tolerance (percent) 27,500 to 28,350 0.001 38,600 to 40,000 0.03 § 30.403 Bandwidth. ( a ) Stations under this subpart will be authorized any type of emission, method of modulation, and transmission characteristic, consistent with efficient use of the spectrum and good engineering practice. ( b ) The maximum bandwidth authorized per frequency to stations under this subpart is set out in the table that follows. Frequency band (MHz) Maximum authorized bandwidth 27,500 to 28,350 850 MHz. 38,600 to 40,000 200 MHz. 1 1 For channel block assignments in the 38,600-40,000 MHz bands when adjacent channels are aggregated, equipment is permitted to operate over the full channel block aggregation without restriction. § 30.404 Emission limits. ( a ) The mean power of emissions must be attenuated below the mean output power of the transmitter in accordance with the following schedule: ( 1 ) When using transmissions other than those employing digital modulation techniques: ( i ) On any frequency removed from the assigned frequency by more than 50 percent up to and including 100 percent of the authorized bandwidth: At least 25 decibels; ( ii ) On any frequency removed from the assigned frequency by more than 100 percent up to and including 250 percent of the authorized bandwidth: At least 35 decibels; ( iii ) On any frequency removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 + 10 Log 10 (mean output power in watts) decibels, or 80 decibels, whichever is the lesser attenuation. ( 2 ) When using transmissions employing digital modulation techniques in situations not covered in this section: ( i ) In any 1 MHz band, the center frequency of which is removed from the assigned frequency by more than 50 percent up to and including 250 percent of the authorized bandwidth: As specified by the following equation but in no event less than 11 decibels: A = 11 + 0.4(P−50) + 10 Log 10 B. (Attenuation greater than 56 decibels or to an absolute power of less than −13 dBm/1MHz is not required.) ( ii ) In any 1 MHz band, the center frequency of which is removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 + 10 Log 10 (the mean output power in watts) decibels, or 80 decibels, whichever is the lesser attenuation. The authorized bandwidth includes the nominal radio frequency bandwidth of an individual transmitter/modulator in block-assigned bands. Equipment licensed prior to April 1, 2005 shall only be required to meet this standard in any 4 kHz band. ( iii ) The emission mask in paragraph (a)(2)(i) of this section applies only to the band edge of each block of spectrum, but not to subchannels established by licensees. The value of P in the equation is the percentage removed from the carrier frequency and assumes that the carrier frequency is the center of the actual bandwidth used. The emission mask can be satisfied by locating a carrier of the subchannel sufficiently far from the channel edges so that the emission levels of the mask are satisfied. The emission mask shall use a value B (bandwidth) of 40 MHz, for all cases even in the case where a narrower subchannel is used (for instance the actual bandwidth is 10 MHz) and the mean output power used in the calculation is the sum of the output power of a fully populated channel. For block assigned channels, the out-of-band emission limits apply only outside the assigned band of operation and not within the band. ( b ) [Reserved] § 30.405 Transmitter power limitations. On any authorized frequency, the average power delivered to an antenna in this service must be the minimum amount of power necessary to carry out the communications desired. Application of this principle includes, but is not to be limited to, requiring a licensee who replaces one or more of its antennas with larger antennas to reduce its antenna input power by an amount appropriate to compensate for the increased primary lobe gain of the replacement antenna(s). In no event shall the average equivalent isotropically radiated power (EIRP), as referenced to an isotropic radiator, exceed the following: Maximum Allowable EIRP Frequency band (MHz) Fixed (dBW) 27,500-28,350 1 + 55 38,600-40,000 + 55 1 For Point-to-multipoint user stations authorized in these bands, the EIRP shall not exceed 55 dBw or 42 dBw/MHz. § 30.406 Directional antennas. ( a ) Unless otherwise authorized upon specific request by the applicant, each station authorized under the rules of this subpart must employ a directional antenna adjusted with the center of the major lobe of radiation in the horizontal plane directed toward the receiving station with which it communicates: provided, however, where a station communicates with more than one point, a multi- or omni-directional antenna may be authorized if necessary. ( b ) Fixed stations (other than temporary fixed stations) must employ transmitting and receiving antennas (excluding second receiving antennas for operations such as space diversity) meeting the appropriate performance Standard A indicated in the table to this section, except that in areas not subject to frequency congestion, antennas meeting performance Standard B may be used. For frequencies with a Standard B1 and a Standard B2, in order to comply with Standard B an antenna must fully meet either Standard B1 or Standard B2. Licensees shall comply with the antenna standards table shown in this paragraph in the following manner: ( 1 ) With either the maximum beamwidth to 3 dB points requirement or with the minimum antenna gain requirement; and ( 2 ) With the minimum radiation suppression to angle requirement. Frequency (MHz) Category Maximum beamwidth to 3 dB points 1 (included angle in degrees) Minimum antenna gain (dbi) Minimum radiation suppression to angle in degrees from centerline of main beam in decibels 5° to 10° 10° to 15° 15° to 20° 20° to 30° 30° to 100° 100° to 140° 140° to 180° 38,600 to 40,000 2 A n/a 38 25 29 33 36 42 55 55 B n/a 38 20 24 28 32 35 36 36 1 If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation planes. 2 Stations authorized to operate in the 38,600-40,000 MHz band may use antennas other than those meeting the Category A standard. However, the Commission may require the use of higher performance antennas where interference problems can be resolved by the use of such antennas. § 30.407 Antenna polarization. In the 27,500-28,350 MHz band, system operators are permitted to use any polarization within its service area, but only vertical and/or horizontal polarization for antennas located within 20 kilometers of the outermost edge of their service area.
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PART 80—STATIONS IN THE MARITIME SERVICES Authority: 47 U.S.C. 151-155 , 301 -609; 3 U.S.T. 3450, 3 U.S.T. 4726, 12 U.S.T. 2377. Source: 51 FR 31213 , Sept. 2, 1986, unless otherwise noted. Subpart A—General Information General § 80.1 Basis and purpose. This section contains the statutory basis for this part of the rules and provides the purpose for which this part is issued. ( a ) Basis. The rules for the maritime services in this part are promulgated under the provisions of the Communications Act of 1934, as amended, which vests authority in the Federal Communications Commission to regulate radio transmission and to issue licenses for radio stations. The rules in this part are in accordance with applicable statutes, international treaties, agreements and recommendations to which the United States is a party. The most significant of these documents are listed below with the short title appearing in parenthesis: ( 1 ) Communications Act of 1934, as amended—(Communications Act). ( 2 ) Communications Satellite Act of 1962, as amended—(Communications Satellite Act). ( 3 ) International Telecommunication Union Radio Regulations, in force for the United States—(Radio Regulations). ( 4 ) International Convention for Safety of Life at Sea, 1974, as amended, and the Annex thereto—(Safety Convention). ( 5 ) Vessel Bridge-to-Bridge Radiotelephone Act—(Bridge-to-Bridge Act). ( b ) Purpose. This part states the conditions under which radio may be licensed and used in the maritime services. These rules do not govern radio stations operated by agencies of the U.S. Government. [ 51 FR 31213 , Sept. 2, 1986, as amended at 88 FR 77219 , Nov. 9, 2023] § 80.2 Other regulations that apply. The Commandant, U.S. Coast Guard has promulgated regulations which affect radiotelecommunication equipment carriage and power source installation requirements for certain ships. Inquiries concerning applicable U.S. Coast Guard regulations are to addressed to the Commandant, U.S. Coast Guard, Washington, DC 20593, or to the nearest District Headquarters Office of the U.S. Coast Guard. § 80.3 Other applicable rule parts of this chapter. Other FCC rule parts applicable to licensees in the maritime services include the following: ( a ) Part 0. This part describes the Commission's organization and delegations of authority. Part 0 also lists available Commission publications, standards and procedures for access to Commission records and location on Commission monitoring stations. ( b ) Part 1. This part includes rules of practice and procedure for license applications, adjudicatory proceedings, procedures for reconsideration and review of the Commission's actions; provisions concerning violation notices and forfeiture proceedings; and the environmental processing requirements that, together with the procedures specified in § 17.4(c) of this chapter , if applicable, must be complied with prior to the initiation of construction. Subpart Q of part 1 contains rules governing competitive bidding procedures for resolving mutually exclusive applications for certain initial licenses. ( c ) Part 2. This part contains the Table of Frequency Allocations and special requirements in international regulations, recommendations, agreements, and treaties. This part also contain standards and procedures concerning marketing of radio frequency devices, and for obtaining equipment authorization. ( d ) Part 13. This part contains information and rules for the licensing of commercial radio operators. ( e ) Part 17. This part contains requirements for the construction, marking and lighting of antenna towers, and the environmental notification process that must be completed before filing certain antenna structure registration applications. ( f ) Part 20 of this chapter which governs commercial mobile radio services which include subpart J of this part (public coast stations). ( g ) Part 21. This part contains rules concerning point-to-point microwave service authority relating to communication common carriers. ( h ) Part 64. This part contains miscellaneous rules relating to communication common carriers. ( i ) Part 68. This part contains technical standards for connection of terminal equipment to the telephone network. ( j ) Part 87. This part contains rules for the aviation services. Some maritime frequencies are authorized for use by aircraft stations for safety and distress, public correpondence and for operational communications. ( k ) Part 101. This part contains rules concerning the private microwave service relating to point-to-point communication requirements. [ 51 FR 31213 , Sept. 2, 1986, as amended at 55 FR 20398 , May 16, 1990; 59 FR 18499 , Apr. 19, 1994; 63 FR 40062 , July 27, 1998; 63 FR 68955 , Dec. 14, 1998; 77 FR 3955 , Jan. 26, 2012] § 80.5 Definitions. Alaska—public fixed station. A fixed station in Alaska which is open to public correspondence and is licensed by the Commission for radio communication with Alaska-Private fixed stations on paired channels. Alaska—private fixed station. A fixed station in Alaska which is licensed by the Commission for radio communication within Alaska and with associated ship stations, on single frequency channels. Alaska-private fixed stations are also eligible to communicate with Alaska-public fixed stations on paired channels. Associated ship unit. A portable VHF transmitter for use in the vicinity of the ship station with which it is associated. Automated maritime telecommunications system (AMTS). An automatic maritime communications system. Automated mutual-assistance vessel rescue system (AMVER). An international system, operated by the U.S. Coast Guard, which provides aid to the development and coordination of search and rescue (SAR) efforts. Data is made available to recognized SAR agencies or vessels of any nation for reasons related to marine safety. Automatic Identification Systems (AIS). A maritime navigation safety communications system standardized by the International Telecommunication Union (ITU) and adopted by the International Maritime Organization (IMO) that provides vessel information, including the vessel's identity, type, position, course, speed, navigational status and other safety-related information automatically to appropriately equipped shore stations, other ships, and aircraft; receives automatically such information from similarly fitted ships; monitors and tracks ships; and exchanges data with shore-based facilities. Bridge-to-bridge station. A radio station located on a ship's navigational bridge or main control station operating on a specified frequency which is used only for navigational communications, in the 156-162 MHz band. Cargo ship safety radio certificate. A certificate issued after a ship passes an inspection of the required radiotelegraph, radiotelephone or GMDSS radio installation. Issuance of this certificate indicates that the vessel complies with the Communications Act and the Safety Convention. Cargo ship safety radiotelegraphy certificate. A certificate issued after a ship passes an inspection of a radiotelegraph installation. Issuance of this certificate indicates that the vessel complies with the Communications Act and the Safety Convention. Cargo ship safety radiotelephony certificate. A certificate issued after a ship passes an inspection of a radiotelephone installation. Issuance of this certificate indicates that the vessel complies with the Communications Act and the Safety Convention. Categories of ships. ( 1 ) When referenced in Part II of Title III of the Communications Act or the radio provisions of the Safety Convention, a ship is a passenger ship if it carries or is licensed or certificated to carry more than twelve passengers. A cargo ship is any ship not a passenger ship. ( 2 ) A commercial transport vessel is any ship which is used primarily in commerce ( i ) for transporting persons or goods to or from any harbor(s) or port(s) or between places within a harbor or port area, or ( ii ) in connection with the construction, change in construction, servicing, maintenance, repair, loading, unloading, movement, piloting, or salvaging of any other ship or vessel. ( 3 ) The term passenger carrying vessel, when used in reference to Part III, Title III of the Communications Act or subpart T of this part , means any ship transporting more than six passengers for hire. ( 4 ) Power-driven vessel. Any ship propelled by machinery. ( 5 ) Towing vessel. Any commercial ship engaged in towing another ship astern, alongside or by pushing ahead. ( 6 ) Compulsory ship. Any ship which is required to be equipped with radiotelecommunication equipment in order to comply with the radio or radio-navigation provisions of a treaty, statute, or subpart T of this part to which the vessel is subject. ( 7 ) Voluntary ship. Any ship which is not required by treaty or statute to be equipped with radiotelecommunication equipment. Coast station. A land station in the maritime mobile service. Commercial communications. Communications between coast stations and ship stations aboard commercial transport vessels, or between ship stations aboard commercial transport vessels, which relate directly to the purposes for which the ship is used including the piloting of vessels, movements of vessels, obtaining vessel supplies, and scheduling of repairs. Day. ( 1 ) Where the word day is applied to the use of a specific frequency assignment or to a specific authorized transmitter power, its use means transmission on the frequency assignment or with the authorized transmitter power during that period of time included between one hour after local sunrise and one hour before local sunset. ( 2 ) Where the word day occurs in reference to watch requirements, or to equipment testing, its use means the calendar day, from midnight to midnight, local time. Digital selective calling (DSC). A synchronous system developed by the International Telecommunication Union Radiocommunication (ITU-R) Sector, used to establish contact with a station or group of stations automatically by means of radio. The operational and technical characteristics of this system are contained in ITU-R M.493-13 and ITU-R M.541-9 (both incorporated by reference, see § 80.7 ) (see subpart W of this part .) Direction finder (radio compass). Apparatus capable of receiving radio signals and taking bearings on these signals from which the true bearing and direction of the point of origin may be determined. Distress signal. The distress signal is a digital selective call using an internationally recognized distress call format in the bands used for terrestrial communication or an internationally recognized distress message format, in which case it is relayed through space stations, which indicates that a person, ship, aircraft, or other vehicle is threatened by grave and imminent danger and requests immediate assistance. ( 1 ) In radiotelephony, the international distress signal consists of the enunciation of the word “Mayday”, pronounced as the French expression “m'aider”. In case of distress, transmission of this particular signal is intended to ensure recognition of a radiotelephone distress call by stations of any nationality. ( 2 ) For GMDSS, distress alerts result in an audible alarm and visual indication that a ship or person is threatened by grave and imminent danger and requests immediate assistance. These automatic systems contain sufficient information in the distress alert message to identify the vessel, prepare to assist and begin a search. However, except when transmitted via satellite EPIRB, the distress alert is just the initial call for help. Communication between the vessel or person in distress and the Rescue Coordination Center (RCC) or ship assisting should always follow. Distress traffic. Distress traffic consists of all messages relating to the immediate assistance required by a person, ship, aircraft, or other vehicle in distress, including search and rescue communications and on-scene communications. Emergency position indicating radiobeacon (EPIRB) station. A station in the maritime mobile service the emissions of which are intended to facilitate search and rescue operations. Environmental communications. Broadcasts of information about the environmental conditions in which vessels operate, i.e., weather, sea conditions, time signals adequate for practical navigation, notices to mariners, and hazards to navigation. Fleet radio station license. An authorization issued by the Commission for two or more ships having a common owner or operator. Global maritime distress and safety system (GMDSS). An International Maritime Organization (IMO) worldwide coordinated maritime distress system designed to provide the rapid transfer of distress messages from vessels in distress to units best suited for giving or coordinating assistance. The system includes standardized equipment and operational procedures, unique identifers for each station, and the integrated use of frequency bands and radio systems to ensure the transmission and reception of distress and safety calls and messages at short, medium and long ranges. Great Lakes. This term means all of Lakes Ontario, Erie, Huron (including Georgian Bay), Michigan, Superior, their connecting and tributary waters and the St. Lawrence River as far east as the lower exit of the St. Lambert Lock at Montreal in the Province of Quebec, Canada, but does not include any connecting and tributary waters other than: the St. Marys River, the St. Clair River, Lake St. Clair, the Detroit River and the Welland Canal. Harbor or port. Any place to which ships may resort for shelter, or to load or unload passengers or goods, or to obtain fuel, water, or supplies. This term applies to such places whether proclaimed public or not and whether natural or artifical. Inland waters. This term, as used in reference to waters of the United States, its territories and possessions, means waters that lie landward of the boundary lines of inland waters as contained in 33 CFR 80.01 , as well as waters within its land territory, such as rivers and lakes, over which the United States exercises sovereignty. INMARSAT. INMARSAT Ltd. is a private commercial company licensed in the United Kingdom. Marine utility station. A station in the maritime mobile service consisting of one or more handheld radiotelephone units licensed under a single authorization. Each unit is capable of operation while being hand-carried by an individual. The station operates under the rules applicable to ship stations when the unit is aboard a vessel, and under the rules applicable to private coast stations when the unit is on land. Maritime control communications. Communications between private coast and ship stations or between ship stations licensed to a state or local governmental entity, which relate directly to the control of boating activities or assistance to ships. Maritime mobile repeater station. A land station at a fixed location established for the automatic retransmission of signals to extend the range of communication of ship and coast stations. Maritime mobile-satellite service. A mobile-satellite service in which mobile earth stations are located on board ships. Survival craft stations and EPIRB stations may also participate in this service. Maritime mobile service. A mobile service between coast stations and ship stations, or between ship stations, or between associated on-board communication stations. Survival craft stations and EPIRB stations also participate in this service. Maritime mobile service identities (MMSI). An international system for the identification of radio stations in the maritime mobile service. The system is comprised of a series of nine digits which are transmitted over the radio path to uniquely identify ship stations, ship earth stations, coast stations, coast earth stations and groups of stations. Maritime radiodetermination service. A maritime radiocommunication service for determining the position, velocity, and/or other characteristics of an object, or the obtaining of information relating to these parameters, by the propagation properties of radio waves. Maritime support station. A station on land used in support of the maritime services to train personnel and to demonstrate, test and maintain equipment. Navigable waters. This term, as used in reference to waters of the United States, its territories and possessions, means the waters shoreward of the baseline of its territorial sea and internal waters as contained in 33 CFR 2.36 . Navigational communications. Safety communications pertaining to the maneuvering of vessels or the directing of vessel movements. Such communications are primarily for the exchange of information between ship stations and secondarily between ship stations and coast stations. Noncommercial communications. Communication between coast stations and ship stations other than commercial transport ships, or between ship stations aboard other than commercial transport ships which pertain to the needs of the ship. Non-selectable transponder. A transponder whose coded response is displayed on any conventional radar operating in the appropriate band. On-board communication station. A low-powered mobile station in the maritime mobile service intended for use for internal communications on board a ship, or between a ship and its lifeboats and life-rafts during lifeboat drills or operations, or for communication within a group of vessels being towed or pushed, as well as for line handling and mooring instructions. On-board repeater. A radio station that receives and automatically retransmits signals between on-board communication stations. Open sea. The water area of the open coast seaward of the ordinary low-water mark, or seaward of inland waters. Operational fixed station. A fixed station, not open to public correspondence, operated by entities that provide their own radiocommunication facilities in the private land mobile, maritime or aviation services. Passenger ship safety certificate. A certificate issued by the Commandant of the Coast Guard after inspection of a passenger ship which complies with the requirements of the Safety Convention. Pilot. Pilot means a Federal pilot required by 46 U.S.C. 764 , a state pilot required under the authority of 46 U.S.C. 211 , or a registered pilot required by 46 U.S.C. 216 . Port operations communications. Communications in or near a port, in locks or in waterways between coast stations and ship stations or between ship stations, which relate to the operational handling, movement and safety of ships and in emergency to the safety of persons. Portable ship station. A ship station which includes a single transmitter intended for use upon two or more ships. Private coast station. A coast station, not open to public correspondence, which serves the operational, maritime control and business needs of ships. Public coast station. A coast station that offers radio communication common carrier services to ship radio stations. Public correspondence. Any telecommunication which the offices and stations must, by reason of their being at the disposal of the public, accept for transmission. Radar beacon (RACON). A receiver-transmitter which, when triggered by a radar, automatically returns a distinctive signal which can appear on the display of the triggering radar, providing range, bearing and identification information. Radioprinter operations. Communications by means of a direct printing radiotelegraphy system using any alphanumeric code, within specified bandwidth limitations, which is authorized for use between private coast stations and their associated ship stations on vessels of less than 1600 gross tons. Safety communication. The transmission or reception of distress, alarm, urgency, or safety signals, or any communication preceded by one of these signals, or any form of radiocommunication which, if delayed in transmission or reception, may adversely affect the safety of life or property. Safety signal. ( 1 ) The safety signal is the international radiotelegraph or radiotelephone signal which indicates that the station sending this signal is preparing to transmit a message concerning the safety of navigation or giving important meteorological warnings. ( 2 ) In radiotelegraphy, the international safety signals consists of three repetitions of the group “TTT,” sent before the call, with the letters of each group and the successive groups clearly separated from each other. ( 3 ) In radiotelephony, the international safety signal consists of three oral repetitions of “Security,” pronounced as the French word “Securite,” sent before the call. ( 4 ) For GMDSS, safety calls result in an audible alarm and visual indication that the station sending this signal has a very urgent message to transmit concerning the safety of navigation or giving important meteorological warnings. Selectable tfransponder. A transponder whose coded response may be inhibited or displayed on a radar on demand by the operator of that radar. Selective calling. A means of calling in which signals are transmitted in accordance with a prearranged code to operate a particular automatic attention device at the station whose attention is sought. Ship earth station. A mobile earth station in the maritime mobile-satellite service located on board ship. Ship or vessel. Ship or vessel includes every description of watercraft or other artificial contrivance, except aircraft, capable of being used as a means of transportation on water whether or not it is actually afloat. Ship radio station license. An authorization issued by the Commission to operate a radio station onboard a vessel. Ship station. A mobile station in the maritime mobile service located on-board a vessel which is not permanently moored, other than a survival craft station. Station. One or more transmitters or a combination of transmitters and receivers, including the accessory equipment, necessary at one location for carrying on radiocommunication services. Survival craft station. A mobile station in the maritime or aeronautical mobile service intended solely for survival purposes and located on any lifeboat, liferaft or other survival equipment. Underway. A vessel is underway when it is not at anchor, made fast to the shore, or aground. Urgency signal. ( 1 ) The urgency signal is the international radiotelegraph or radiotelephone signal which indicates that the calling station has a very urgent message to transmit concerning the safety of a ship, aircraft, or other vehicle, or of some person on board or within sight. ( 2 ) In radiotelegraphy, the international urgency signal consists of three repetitions of the group “XXX,” sent before the call, with the letters of each group and the successive groups clearly separated from each other. ( 3 ) In radiotelephony, the international urgency signal consists of three oral repetitions of the group of words “PAN PAN”, each word of the group pronounced as the French word “PANNE” and sent before the call. ( 4 ) For GMDSS, urgency calls result in an audible alarm and visual indication that the station sending this signal has a very urgent message to transmit concerning the safety of a ship, aircraft, or other vehicle, or of some person on board or within sight. Vessel traffic service (VTS). A U.S. Coast Guard traffic control service for ships in designated water areas to prevent collisions, groundings and environmental harm. Watch. The act of listening on a designated frequency. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 7417 , Mar. 11, 1987; 52 FR 35244 , Sept. 18, 1987; 56 FR 3783 , Jan. 31, 1991; 57 FR 26778 , June 16, 1992; 58 FR 16504 , Mar. 29, 1993; 60 FR 35510 , July 10, 1995; 63 FR 29658 , June 1, 1998; 68 FR 46959 , Aug. 7, 2003; 71 FR 60074 , Oct. 12, 2006; 72 FR 31194 , June 6, 2007; 73 FR 4480 , Jan. 25, 2008; 76 FR 67607 , Nov. 2, 2011; 88 FR 77220 , Nov. 9, 2023] § 80.7 Incorporation by reference. ( a ) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . To enforce any edition other than that specified in this section, the FCC must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the sources in the following paragraphs of this section. ( b ) The International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, United Kingdom; http://www.imo.org ; Tel. + 44 (0)20 7735 7611; Fax + 44 (0)20 7587 3210; email: info@imo.org . ( 1 ) IMO Resolution A.525(13) (“IMO Resolution A.525(13)”), “Performance Standards for Narrow-band Direct Printing Telegraph Equipment for the Reception of Navigational and Meteorological Warnings and Urgent Information to Ships,” including Annex, adopted 17 November 1983, IBR approved for §§ 80.905 and 80.1101 . ( 2 ) IMO Maritime Safety Committee (MSC) Resolution MSC.148(77) (“IMO Resolution MSC.148(77)”), “Adoption of the Revised Performance Standards for Narrow-band Direct Printing Telegraph Equipment for the Reception of Navigational and Meteorological Warnings and Urgent Information to Ships (NAVTEX),” adopted on 3 June 2003, IBR approved for §§ 80.905 and 80.1101 . ( 3 ) IMO Assembly Resolution A.662(16) (“IMO Resolution A.662(16)”), “Performance Standards for Float-free Release and Activation Arrangements for Emergency Radio Equipment,” adopted 19 October 1989, IBR approved for § 80.1101 . ( 4 ) IMO Assembly Resolution A.664(16) (“IMO Resolution A.664(16)”), “Performance Standards for Enhanced Group Call Equipment,” adopted 19 October 1989, IBR approved for § 80.1101 . ( 5 ) IMO Resolution A.694(17) (“IMO Resolution A.694(17)”), “Recommendation on General Requirements for Shipborne Radio Equipment Forming part of the Global Maritime Distress and Safety System (GMDSS) and for Electronic Navigational Aids,” adopted 6 November 1991, IBR approved for §§ 80.273 and 80.1101 . ( 6 ) IMO Resolution MSC.149(77) (“IMO Resolution MSC.149(77)”), “Adoption of the Revised Performance Standards for Survival Craft Two-Way VHF Radiotelephone Apparatus,” adopted on 3 June 2003, IBR approved for §§ 80.273 and 80.1101 . ( 7 ) IMO Assembly Resolution A.700(17), (“IMO Resolution A.700(17)”), “Performance Standards for Narrow-band Direct-printing Telegraph Equipment for the Reception of Navigational and Meteorological Warnings and Urgent Information to Ships (MSI) by HF,” adopted 6 November 1991, IBR approved for § 80.1101 . ( 8 ) IMO Assembly Resolution A.801(19) Appendix 13, Annex 5 (“IMO Resolution A.801(19)”), “Criteria for Use When Providing Inmarsat Shore-Based Facilities for Use in the GMDSS,” adopted 23 November 1995, IBR approved for § 80.1091 . ( 9 ) IMO Assembly Resolution A.802(19) (“IMO Resolution A.802(19)”), “Performance Standards for Survival Craft Radar Transponders for Use in Search and Rescue Operations,” with Annex, adopted 23 November 1995, IBR approved for § 80.1101 . ( 10 ) IMO Resolution MSC.247(83) (“IMO Resolution MSC.247(83)”), “Adoption of Amendments to Performance Standards for Survival Craft Radar Transponders for Use in Search and Rescue Operations,” adopted on 8 October 2007, IBR approved for § 80.1101 . ( 11 ) IMO Assembly Resolution A.803(19) (“IMO Resolution A.803(19)”), “Performance Standards for Shipborne VHF Radio Installations Capable of Voice Communication and Digital Selective Calling,” with Annex, adopted 23 November 1995, IBR approved for § 80.1101 . ( 12 ) IMO Resolution MSC.68(68) (“IMO Resolution MSC.68(68)”), “Adoption of Amendments to Performance Standards for Shipborne Radiocommunications Equipment,” adopted on 6 June 1997, IBR approved for § 80.1101 . ( 13 ) IMO Assembly Resolution A.804(19) (“IMO Resolution A.804(19)”), “Performance Standards for Shipborne MF Radio Installations Capable of Voice Communication and Digital Selective Calling,” with Annex, adopted 23 November 1995, IBR approved for § 80.1101 . ( 14 ) IMO Assembly Resolution A.806(19) (“IMO Resolution A.806(19)”), “Performance Standards for Shipborne MF/HF Radio Installations Capable of Voice Communication, Narrow-Band Direct Printing and Digital Selective Calling,” with Annex, adopted 23 November 1995, IBR approved for § 80.1101 . ( 15 ) IMO Assembly Resolution A.807(19) (“IMO Resolution A.807(19)”), “Performance Standards for INMARSAT-C Ship Earth Stations Capable of Transmitting and Receiving Direct-Printing Communications,” with Annex, adopted 23 November 1995, IBR approved for § 80.1101 . ( 16 ) IMO Assembly Resolution A.808(19) (“IMO Resolution A.808(19)”), “Performance Standards for Ship Earth Stations Capable of Two-Way Communications,” with Annex, adopted 23 November 1995, IBR approved for § 80.1101 . ( 17 ) IMO Assembly Resolution A.809(19) (“IMO Resolution A.809(19)”), “Performance Standards for Survival Craft Two-Way VHF Radiotelephone Apparatus,” including Annexes 1 and 2, adopted 23 November 1995, IBR approved for § 80.1101 . ( 18 ) IMO Assembly Resolution A.810(19) (“IMO Resolution A.810(19)”), “Performance Standards for Float-free Satellite Emergency Position-indicating Radio Beacons (EPIRBs) Operating on 406 MHz,” with Annex, adopted 23 November 1995, IBR approved for § 80.1101 . ( 19 ) IMO Resolution MSC.56(66) (“IMO Resolution MSC.56(66)”), “Adoption of Amendments to Recommendations on Performance Standards for Float-free Satellite Emergency Position-indicating Radio Beacons (EPIRBs) Operating on 406 MHz,” adopted on 3 June 1996, IBR approved for § 80.1101 . ( 20 ) IMO Resolution MSC.120(74) (“IMO Resolution MSC.120(74)”), “Adoption of Amendments to Performance Standards for Float-free Satellite Emergency Position-indicating Radio Beacons (EPIRBs) Operating on 406 MHz,” adopted on 31 May 2001, IBR approved for § 80.1101 . ( 21 ) IMO Assembly Resolution A.811(19) (“IMO Resolution A.811(19)”), “Performance Standards for a Shipborne Integrated Radiocommunication System (IRCS) When Used in the GMDSS,” with Annex, adopted 23 November 1995, IBR approved for § 80.1083 . ( 22 ) IMO Assembly Resolution A.1001(25) (“IMO Resolution A.1001(25)”), “Criteria for the Provision of Mobile Satellite Communication Systems in the Global Maritime Distress and Safety System (GMDSS),” with Annex, adopted 29 November 2007, IBR approved for § 80.1091 . ( 23 ) IMO Resolution MSC.74(69) (“IMO Resolution MSC.74(69)”), “Adoption of New and Amended Performance Standards, Annex 3 Recommendation on Performance Standards for an Universal Shipborne Automatic Identification System (AIS),” adopted 12 May 1998, IBR approved for § 80.1101 . ( 24 ) IMO Resolution MSC.80(70) (“IMO Resolution MSC.80(70)”), “Adoption of New Performance Standards for Radiocommunication Equipment,” with Annexes, adopted 8 December 1998, IBR approved for § 80.1101 . ( 25 ) IMO Resolution MSC.191(79) (“IMO Resolution MSC.191(79)”), “Performance Standards for the Presentation of Navigation-Related Information on Shipborne Navigational Displays,” adopted 6 December 2004, IBR approved for §§ 80.273 and 80.1101 . ( 26 ) IMO Resolution MSC.192(79) (“IMO Resolution MSC.192(79)”), “Revised Recommendation on Performance Standards for Radar Equipment,” adopted 6 December 2004, IBR approved for §§ 80.273 and 80.1101 . ( 27 ) IMO Circular MSC/Circ.1040 (“IMO Circular MSC/Circ.1040”), “Guidelines on annual testing of 406 MHz satellite EPIRBs” adopted 28 May 2002, IBR approved for § 80.1085 . ( 28 ) IMO Resolution MSC.246(83), (“IMO Resolution MSC.246(83)”) “Adoption of Performance Standards for Survival Craft AIS Search and Rescue Transmitters (AIS-SART) for Use in Search and Rescue Operations,” IBR approved for § 80.233(a) . ( c ) The International Telecommunication Union (ITU), Place des Nations, CH-1211, Geneva 20, Switzerland; www.itu.int ; Voice: + 41 22 730 5111; Fax: + 41 22 733 7256; email: itumail@itu.int . ( 1 ) ITU-R Recommendation M.476-5 (“ITU-R M.476-5”), “Direct-Printing Telegraph Equipment in the Maritime Mobile Service,” with Annex, 1995, IBR approved for §§ 80.219 and 80.225 . ( 2 ) ITU-R Recommendation M.492-6 (“ITU-R M.492-6”), “Operational Procedures for the use of Direct-Printing Telegraph Equipment in the Maritime Mobile Service,” with Annex, 1995, IBR approved for § 80.142 . ( 3 ) ITU-R Recommendation M.493-13, (“ITU-R M.493-13”), “Digital Selective-calling System for Use in the Maritime Mobile Service,” with Annexes 1, 2, 3, and 4 (10/2009), IBR approved for §§ 80.5 , 80.179 , 80.225 , 80.1101 , and 80.1113 . ( 4 ) ITU-R Recommendation M.540-2 (“ITU-R M.540-2”), “Operational and Technical Characteristics for an Automated Direct-printing Telegraph System for Promulgation of Navigational and Meteorological Warnings and Urgent Information to Ships,” including Annexes, 1990, IBR approved for §§ 80.905 , 80.1101 , and 80.1135 . ( 5 ) ITU-R Recommendation M.541-9 (“ITU-R M.541-9”) “Operational Procedures for the Use of Digital Selective-Calling Equipment in the Maritime Mobile Service,” with Annexes 1 through 5, 2004, IBR approved for §§ 80.5 , 80.103 , 80.179 , 80.225 , 80.359 , 80.1101 , 80.1113 , and 80.1117 . ( 6 ) ITU-R Recommendation M.625-3 (“ITU-R M.625-3”), “Direct-Printing Telegraph Equipment Employing Automatic Identification in the Maritime Mobile Service,” with Annex, 1995, IBR approved for §§ 80.219 , 80.225 , 80.1125 , 80.1127 , 80.1131 , and 80.1133 . ( 7 ) ITU-R Recommendation M.628-4 (“ITU-R M.628-4”), “Technical Characteristics for Search and Rescue Radar Transponders,” with Annexes, 2006, IBR approved for §§ 80.1101 and 80.1129 . ( 8 ) ITU-R Recommendation M.633-3 (“ITU-R M.633-3”), “Transmission characteristics of a satellite emergency position-indicating radiobeacon (satellite EPIRB) system operating through a low polar-orbiting satellite system in the 406 MHz band,” 2004, IBR approved for § 80.1101 . ( 9 ) ITU-R Recommendation M.824-3 (“ITU-R M.824-3”), “Technical Parameters of Radar Beacons (RACONS),” with Annexes, 2007, IBR approved for § 80.605 . ( 10 ) ITU-R Recommendation M.1177-3 (“ITU-R M.1177-3”), “Techniques for measurement of unwanted emissions of radar systems,” June 2003, IBR approved for §§ 80.273 and 80.1101 . ( 11 ) ITU-R Recommendation M.1371-3 (“ITU-R M.1371-3”), “Technical characteristics for a universal shipborne automatic identification system using time division multiple access in the VHF maritime mobile band,” with Annexes, 2007, IBR approved for § 80.1101 . ( 12 ) ITU-T Recommendation E.161 (“ITU-T E.161”), “Series E: Overall Network Operation, Telephone Service, Service Operation and Human Factors: International Operation-Numbering Plan of the International Telephone Service: Arrangement of Digits, Letters and Symbols on Telephones and Other Devices that Can Be Used for Gaining Access to a Telephone Network” (02/2001), IBR approved for § 80.1101 . ( 13 ) ITU-T Recommendation E.164.1 (“ITU-T E.164.1”), “Series E: Overall Network Operation, Telephone Service, Service Operation and Human Factors: International Operation—Numbering Plan of the International Telephone Service: Criteria and Procedures for the Reservation, Assignment, and Reclamation of E.164 Country Codes and Associated Identification Codes (ICs)” (09/2008), IBR approved for § 80.1101 . ( d ) The International Electrotechnical Commission (IEC), 3 Rue de Varembe, CH-1211, Geneva 20, Switzerland; www.iec.ch ; phone: + 41 22 919 02 11; fax: + 41 22 919 03 00; email: info@iec.ch . (IEC publications can also be purchased from the American National Standards Institute (ANSI) through its NSSN operation ( www.nssn.org ), at Customer Service, American National Standards Institute, 25 West 43rd Street, New York NY 10036, telephone (212) 642-4900.) ( 1 ) IEC 60092-101:1994 + A1:1995 (“IEC 60092-101”), Edition 4.1, 2002-08, “Electrical installations in ships—Part 101: Definitions and general requirements,” IBR approved for § 80.1101 . ( 2 ) IEC 60533:1999(E) (“IEC 60533”), Second edition, 1999-11, “Electrical and electronic installations in ships—Electromagnetic compatibility,” IBR approved for § 80.1101 . ( 3 ) IEC 60945:2002 (“IEC 60945”), Fourth edition, 2002-08, “Maritime navigation and radiocommunication equipment and systems-General requirements-Methods of testing and required test results,” with Annexes, IBR approved for §§ 80.273 and 80.1101 . ( 4 ) IEC 61097-1:2007(E) (“IEC 61097-1”), Second edition, 2007-06, “Global maritime distress and safety system (GMDSS)—Part 1: Radar transponder—Marine search and rescue (SART)—Operational and performance requirements, methods of testing and required test results,” with Annexes, IBR approved for § 80.1101 . ( 5 ) IEC 61097-3:1994 (“IEC 61097-3”), First edition, 1994-06, “Global maritime distress and safety system (GMDSS)—Part 3: Digital selective calling (DSC) equipment—Operational and performance requirements, methods of testing and required testing results,” with Annexes, IBR approved for § 80.1101 . ( 6 ) IEC 61097-4 (“IEC 61097-4”), Edition 2.0, 2007-10, “Global maritime distress and safety system (GMDSS)—Part 4: INMARSAT-C ship earth station and INMARSAT enhanced group call (EGC) equipment—Operational and performance requirements, methods of testing and required test results,” IBR approved for § 80.1101 . ( 7 ) IEC 61097-6:2005(E) (“IEC 61097-6”), Second edition, 2005-12, “Global maritime distress and safety system (GMDSS)—Part 6: Narrowband direct-printing telegraph equipment for the reception of navigational and meteorological warnings and urgent information to ships (NAVTEX),” IBR approved for § 80.1101 . ( 8 ) IEC 61097-7:1996 (“IEC 61097-7”), First edition, 1996-10, “Global maritime distress and safety system (GMDSS)—Part 7: Shipborne VHF radiotelephone transmitter and receiver—Operational and performance requirements, methods of testing and required test results,” IBR approved for § 80.1101 . ( 9 ) IEC 61097-8:1998(E) (“IEC 61097-8”), First edition, 1998-09, “Global maritime distress and safety system (GMDSS)—Part 8: Shipborne watchkeeping receivers for the reception of digital selective calling (DSC) in the maritime MF, MF/HF, and VHF bands—Operational and Performance Requirements, Methods of Testing and Required Test Results,” with Annexes, IBR approved for § 80.1101 . ( 10 ) IEC 61097-9:1997(E) (“IEC 61097-9”), First edition, 1997-12, “Global maritime distress and safety system (GMDSS)—Part 9: Shipborne transmitters and receivers for use in the MF and HF bands suitable for telephony, digital selective calling (DSC) and narrow band direct printing (NBDP)—Operational and performance requirements, methods of testing and required test results,” with Annexes, IBR approved for § 80.1101 . ( 11 ) IEC 61097-10:1999(E) (“IEC 61097-10”), First edition, 1999-06, “Global maritime distress and safety system (GMDSS)—Part 10: INMARSAT-B ship earth station equipment—Operational and performance requirements, methods of testing and required test results,” with Annexes, IBR approved for § 80.1101 . ( 12 ) IEC 61097-12:1996(E) (“IEC 61097-12”), First edition, 1996-11, “Global maritime distress and safety system (GMDSS)—Part 12: Survival craft portable two-way VHF radiotelephone apparatus—Operational and performance requirements, methods of testing and required test results,” IBR approved for § 80.1101 . ( 13 ) IEC 61097-13:2003(E) (“IEC 61097-13”), First edition, 2003-05, “Global maritime distress and safety system (GMDSS)—Part 13: INMARSAT F77 ship earth station equipment—Operational and performance requirements, methods of testing and required test results,” IBR approved for § 80.1101 . ( 14 ) IEC 61097-14 (“IEC 61097-14”), Edition 1.0, 2010-02, “Global maritime distress and safety system (GMDSS)—Part 14: AIS search and rescue transmitter (AIS-SART)—Operational and performance requirements, methods of testing and required test results,” IBR approved for § 80.233(a) . ( 15 ) [Reserved] ( 16 ) IEC 61162-1:2007(E) (“IEC 61162-1”), Third edition, 2007-04, “Maritime navigation and radiocommunication equipment and systems—Digital interfaces—Part 1: Single talker and multiple listeners,” IBR approved for § 80.1101 . ( 17 ) IEC 61993-2:2001(E) (“IEC 61993-2”), First edition, 2001-12, “Maritime navigation and radiocommunication equipment and systems—Automatic identification systems (AIS)—Part 2: Class A shipborne equipment of the universal automatic identification system (AIS)—Operational and performance requirements, methods of test and required test results,” with Annexes, IBR approved for § 80.1101 . ( 18 ) IEC 62238:2003(E) (“IEC 62238”), First edition, 2003-03, “Maritime navigation and radiocommunication equipment and systems—VHF radiotelephone equipment incorporating Class “D” Digital Selective Calling (DSC)—Methods of testing and required test results,” IBR approved for § 80.225 . ( 19 ) IEC 62287-1:2006(E) (“IEC 62287-1”), First edition, 2006-03, “Maritime navigation and radiocommunication equipment and systems-Class B shipborne equipment of the Automatic Identification System-Part 1: Carrier-sense time division multiple access (CSTDMA) techniques,” IBR approved for § 80.231 . ( 20 ) IEC 62388 (“IEC 62388”), Edition 1.0, 2007-12, “Maritime navigation and radiocommunication equipment and systems-Shipborne radar-Performance requirements, methods of testing and required test results,” IBR approved for §§ 80.273 and 80.1101 . ( e ) The International Organization for Standardization (ISO), 1, ch. De la Voie-Creuse, CP 56, CH-1211, Geneva 20, Switzerland; www.iso.org ; Tel.: + 41 22 749 01 11; Fax: + 41 22 733 34 30; email: central&iso.org. (ISO publications can also be purchased from the American National Standards Institute (ANSI) through its NSSN operation ( www.nssn.org ), at Customer Service, American National Standards Institute, 25 West 43rd Street, New York NY 10036, telephone (212) 642-4900.) ( 1 ) ISO Standard 3791 (“ISO Standard 3791”), “Office Machines and Data Processing Equipment—Keyboard Layouts for Numeric Applications,” First Edition 1976(E), IBR approved for § 80.1101 . ( 2 ) [Reserved] ( f ) The Radio Technical Commission for Maritime Services (RTCM), 1611 N. Kent Street, Suite 605, Arlington, VA 22209; www.rtcm.org ; telephone (703) 527-2000; email information@rtcm.org . ( 1 ) RTCM Paper 56-95/SC101-STD (“RTCM Paper 56-95/SC101-STD”), “RTCM Recommended Minimum Standards for Digital Selective Calling (DSC) Equipment Providing Minimum Distress and Safety Capability,” Version 1.0, August 10, 1995, IBR approved for § 80.225 . ( 2 ) RTCM Standard 11000.3 (“RTCM 11000”), “406 MHz Satellite Emergency Position Radiobeacons (EPIRBs),” June 12, 2012, IBR approved for § 80.1061(a) and (c) . ( 3 ) RTCM Standard 11020.1 (“RTCM 11020”), “RTCM Standard 11020.1, Ship Security Alert Systems (SSAS) Using the Cospas-Sarsat Satellite System,” October 9, 2009, IBR approved for § 80.277 . ( 4 ) RTCM Standard 12301.1 (“RTCM 12301”), “VHF-FM Digital Small Message Services,” July 10, 2009, IBR approved for § 80.364(a) . [ 76 FR 67607 , Nov. 2, 2011, as amended at 79 FR 77918 , Dec. 29, 2014; 81 FR 90745 , 90746 , Dec. 15, 2016; 85 FR 64409 , Oct. 13, 2020; 88 FR 21449 , Apr. 10, 2023] Subpart B—Applications and Licenses § 80.11 Scope. This subpart contains the procedures and requirements for the filing of applications for licenses to operate radio facilities in the maritime services. part 1 of the Commission's rules contains the general rules of practice and procedure applicable to proceedings before the FCC. § 80.13 Station license required. ( a ) Except as noted in paragraph (c) of this section, stations in the maritime service must be licensed by the FCC either individually or by fleet. ( b ) One ship station license will be granted for operation of all maritime services transmitting equipment on board a vessel. Radiotelegraph and narrow-band directing-printing equipment will not be authorized, however, unless specifically requested by the applicant. ( c ) A ship station is licensed by rule and does not need an individual license issued by the FCC if the ship station is not subject to the radio equipment carriage requirements of any statute, treaty or agreement to which the United States is signatory, the ship station does not travel to foreign ports, and the ship station does not make international communications. A ship station licensed by rule is authorized to transmit radio signals using a marine radio operating in the 156-162 MHz band, any type of AIS, any type of EPIRB, and any type of radar installation. All other transmissions must be authorized under a ship station license. Even though an individual license is not required, a ship station licensed by rule must be operated in accordance with all applicable operating requirements, procedures, and technical specifications found in this part. [ 61 FR 58010 , Nov. 12, 1996, as amended at 62 FR 40304 , July 28, 1997; 71 FR 60074 , Oct. 12, 2006] § 80.15 Eligibility for station license. ( a ) General. A station license cannot be granted to or held by a foreign government or its representative. ( b ) Public coast stations and Alaska-public fixed stations. A station license for a public coast station or an Alaska-public fixed station cannot be granted to or held by: ( 1 ) Any alien or the representative of any alien; ( 2 ) Any foreign government or its representative; ( 3 ) Any corporation organized under the laws of any foreign government; ( 4 ) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or its representative, or by a corporation organized under the laws of a foreign country; or ( 5 ) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or its representatives, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. ( c ) Private coast and marine utility stations. The supplemental eligibility requirements for private coast and marine utility stations are contained in § 80.501(a) . ( d ) Ship stations. A ship station license may only be granted to: ( 1 ) The owner or operator of the vessel; ( 2 ) A subsidiary communications corporation of the owner or operator of the vessel; ( 3 ) A State or local government subdivision; or ( e ) A 406.0-406.1 MHz EPIRB may be used by any ship required by U.S. Coast Guard regulations to carry an EPIRB or by any ship that is equipped with a VHF ship radio station. [ 51 FR 31213 , Sept. 2, 1986, as amended at 53 FR 37308 , Sept. 26, 1988; 58 FR 33344 , June 17, 1993; 61 FR 55581 , Oct. 28, 1996; 68 FR 46960 , Aug. 7, 2003; 69 FR 64671 , Nov. 8, 2004; 73 FR 4480 , Jan. 25, 2008; 76 FR 67610 , Nov. 2, 2011] § 80.17 Administrative classes of stations. ( a ) Stations in the Maritime Mobile Service are licensed according to class of station as follows: ( 1 ) Public coast stations. ( 2 ) Private coast stations. ( 3 ) Maritime support stations. ( 4 ) Ship stations. The ship station license may include authority to operate other radio station classes aboard ship such as; radionavigation, on-board, satellite, EPIRB, radiotelephone, radiotelegraph and survival craft. ( 5 ) Marine utility stations. ( b ) Stations on land in the Maritime Radiodetermination Service are licensed according to class of station as follows: ( 1 ) Shore radiolocation stations. ( 2 ) Shore radionavigation stations. ( c ) Fixed stations in the Fixed Service associated with the maritime services are licensed as follows: ( 1 ) Operational fixed stations. ( 2 ) Alaska-public fixed stations. ( 3 ) Alaska-private fixed stations. § 80.21 Supplemental information required. Applications must contain supplementary information as indicated in this section. Other supplemental information may be required by other rule sections of this part concerning particular maritime services. ( a ) Each application for a new public coast station operating on frequencies in the band 156-162 MHz must include as supplementary information a chart, with supporting data, showing the service area contour computed in accordance with subpart P of this part . ( b ) Each application for a new public coast station operating on frequencies in the band 156-162 MHz to be located within the coordination boundaries of “Arrangement “A” of the Canada/U.S.A. Frequency Coordination Agreement above 30 MHz”, must comply with the provisions of the “Canada/U.S.A. Channeling Agreement for VHF Maritime, Public Correspondence” as contained in § 80.57 . ( c ) A new station on a vessel not located in the United States must not be documented or otherwise registered by any foreign authority. The foreign authorities where the vessel is located will not or cannot license the vessel radio equipment and can not object to the licensing of the equipment by the United States. An applicant must provide verification of these facts upon request by the Commission. [ 51 FR 31213 , Sept. 2, 1986, as amended at 60 FR 50122 , Sept. 28, 1995; 62 FR 55533 , Oct. 27, 1997; 63 FR 68955 , Dec. 14, 1998] § 80.25 License term. ( a ) Licenses for ship stations in the maritime services will normally be issued for a term of ten years from the date of original issuance, or renewal. ( b ) Licenses other than ship stations in the maritime services will normally be issued for a term of ten years from the date of original issuance, major modification, or renewal. [ 51 FR 31213 , Sept. 2, 1986, as amended at 58 FR 68062 , Dec. 23, 1993; 62 FR 40304 , July 28, 1997; 63 FR 40062 , July 27, 1998; 63 FR 68955 , Dec. 14, 1998; 65 FR 77823 , Dec. 13, 2000; 78 FR 25175 , Apr. 29, 2013] § 80.31 Cancellation of license. Wireless telecommunications carriers subject to this part must comply with the discontinuance of service provisions of part 63 of this chapter . [ 63 FR 68955 , Dec. 14, 1998] § 80.37 One authorization for a plurality of stations. Marine utility stations. One station license may be issued to authorize a designated maximum number of marine utility stations operating at temporary unspecified locations, normally in multiples of ten stations when: ( a ) The licensee of each station is the same; and ( b ) The authorized area of operation of each station is the same. § 80.39 Authorized station location. This section describes the circumstances under which a coast station location is classified as permanent or temporary unspecified. ( a ) Permanent. Whenever a station is to transmit from a single location, the station location is permanent and the location must be shown on the application. ( b ) Temporary unspecified. Whenever a station is to transmit from unspecified locations within a prescribed geographical area, the station location is temporary unspecified and the proposed geographical operating area must be shown on the application. § 80.41 Control points and dispatch points. This section applies to coast or fixed stations at permanent locations. ( a ) Applicants must provide the address or location of the control point where station records will be kept. ( b ) When the address or location of a control point where station records are kept is to be changed, the licensee must request a modification of the station license. ( c ) Control points not collocated with station records and dispatch points may be installed and used without obtaining any authorization from the Commission. § 80.43 Equipment acceptable for licensing. Transmitters listed in § 80.203 must be authorized for a particular use by the Commission based upon technical requirements contained in subparts E and F of this part , except for transmitters that are used on vessels in the Maritime Security Fleet and are deemed to satisfy all Commission equipment certification requirements pursuant to section 53108(c) of Title 46 of the United States Code. [ 73 FR 4480 , Jan. 25, 2008] § 80.45 Frequencies. For applications other than ship stations, the applicant must propose frequencies and ensure that those requested frequencies are consistent with the applicant's eligibility, the proposed class of station operation, and the frequencies available for assignment as contained in subpart H of this part . [ 63 FR 68955 , Dec. 14, 1998] § 80.47 Operation during emergency. A station may be used for emergency communications when normal communication facilities are disrupted. The Commission may order the discontinuance of any such emergency communication service. § 80.49 Construction and regional service requirements. ( a ) Public coast stations. ( 1 ) Each VHF public coast station geographic area licensee must notify the Commission of substantial service within its region or service area (subpart P) within five years of the initial license grant, and again within ten years of the initial license grant in accordance with § 1.946 of this chapter . “Substantial” service is defined as service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. For site-based VHF public coast station licensees, when a new license has been issued or additional operating frequencies have been authorized, the licensee must notify the Commission in accordance with § 1.946 of this chapter that the station or frequencies authorized have been placed in operation within twelve months from the date of the grant. ( 2 ) For LF, MF, and HF band public coast station licensees, when a new license has been issued or additional operating frequencies have been authorized, if the station or frequencies authorized have not been placed in operation within twelve months from the date of grant, the authorization becomes invalid and must be returned to the Commission for cancellation. ( 3 ) Each AMTS coast station geographic area licensee must make a showing of substantial service within its service area within ten years of the initial license grant, or the authorization becomes invalid and must be returned to the Commission for cancellation. “Substantial” service is defined as service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. For site-based AMTS coast station licensees, when a new license has been issued or additional operating frequencies have been authorized, if the station or frequencies authorized have not been placed in operation within two years from the date of the grant, the authorization becomes invalid and must be returned to the Commission for cancellation. ( b ) Public fixed stations. When a new license has been issued or additional operating frequencies have been authorized, the licensee must notify the Commission in accordance with § 1.946 of this chapter that the station or frequencies authorized have been placed in operation within twelve months from the date of the grant. [ 63 FR 68955 , Dec. 14, 1998, as amended at 65 FR 77823 , Dec. 13, 2000; 67 FR 48563 , July 25, 2002] § 80.51 Ship earth station licensing. A ship earth station must display the Commission license. [ 73 FR 4480 , Jan. 25, 2008] § 80.53 Application for a portable ship station license. The Commission may grant a license permitting operation of a portable ship station aboard different vessels of the United States. [ 63 FR 68956 , Dec. 14, 1998] § 80.54 Automated Maritime Telecommunications System (AMTS)—System Licensing. AMTS licensees will be issued blanket authority for a system of coast stations and mobile units (subscribers). AMTS applicants will specify the maximum number of mobile units to be placed in operation during the license period. [ 56 FR 3783 , Jan. 31, 1991] § 80.55 Application for a fleet station license. ( a ) An applicant may apply for licenses for two or more radiotelephone stations aboard different vessels on the same application. Under these circumstances a fleet station license may be issued for operation of all radio stations aboard the vessels in the fleet. ( b ) The fleet station license is issued on the following conditions: ( 1 ) The licensee must keep a current list of vessel names and registration numbers authorized by the fleet license; ( 2 ) The vessels do not engage in voyages to any foreign country; ( 3 ) The vessels are not subject to the radio requirements of the Communications Act or the Safety Convention. § 80.57 Canada/U.S.A. channeling arrangement for VHF maritime public correspondence. ( a ) Canada/U.S.A. arrangement. Pursuant to arrangements between the United States and Canada, assignment of VHF frequencies in the band 156-162 MHz to public coast stations in certain areas of Washington state, the Great Lakes and the east coast of the United States must be made in accordance with the provisions of this section. ( b ) Definitions. On the west coast, specific terms are defined as follows: ( 1 ) Inland Waters Public Correspondence Sector. A distinct geographical area in which one primary and one supplementary channel is allotted. A number of local channels may also be authorized. ( 2 ) Coastal Waters Public Correspondence Sector. A distinct geographical area in which one primary and one supplementary channel is allotted. Local channels may also be authorized. ( 3 ) Inland waters. Inland waters of western Washington and British Columbia bounded by 47 degrees latitude on the south, the Canada/U.S.A. Coordination Zone Line B on the north, and to the west by 124 degrees 40 minutes longitude at the west entrance to the Strait of Juan de Fuca. ( 4 ) Coastal waters. Waters along the Pacific Coast of Washington state and Vancouver Island within the Canada/U.S.A. Coordination Zone. ( 5 ) Inland Waters Primary Channel. A channel intended to cover the greater portion of an Inland Waters Public Correspondence Sector. It may provide some coverage to an adjacent sector but must not provide coverage beyond the adjacent sector. Harmful interference beyond the adjacent sector must not occur. Only one primary channel will be authorized in any sector. ( 6 ) Inland waters of western Washington and British Columbia bounded by 46°59′59.3″ north latitude on the south, the Canada/U.S.A. Coordination Zone Line B on the south, and to the west by 124°40′4.7″ west latitude at the west entrance to the Strait of Juan de Fuca. Note: All coordinates are referenced to North American Datum 1983 (NAD83). ( 7 ) Inland Waters Local Channel. A channel designed to provide local coverage of certain bays, inlets and ports where coverage by primary or supplementary channels is poor or where heavy traffic loading warrants. A local channel must not cause harmful interference to any primary or supplementary channels. Coverage must be confined to the designated sector. ( 8 ) Coastal Waters Primary Channel. Same as (5) except for technical characteristics. ( 9 ) Coastal Waters Supplementary Channel. Same as (6) except for technical characteristics. ( 10 ) Coastal Waters Local Channel. Same as (7) except for technical characteristics. ( c ) Technical characteristics. On the west coast, technical characteristics of public correspondence stations will be as follows: ( 1 ) Inland Waters Primary and Supplementary Channels. The effective radiated power (ERP) must not exceed 60 watts. Antenna height must not exceed 152 meters (500 feet) above mean sea level (AMSL) with the exceptions noted in paragraph (d)(5) of this section. ( 2 ) Inland Waters Local Channel. ERP must not exceed 8 watts with an antenna height of no more than 15 meters (50 feet) AMSL or the ERP must not exceed 2 watts with an antenna height of no more than 30 meters (100 feet) AMSL. ( 3 ) Coastal Waters Primary and Supplementary Channels. ERP must not exceed 125 watts with no antenna restrictions. ( 4 ) Coastal Waters Local Channel. ERP must not exceed 10 watts with a maximum antenna height of 76 meters (250 feet) AMSL. ( 5 ) Harmful interference will be determined and resolved using the definition and procedures of the ITU Radio Regulations. ( 6 ) To keep the ERP and antenna elevations at a minimum and to limit coverage to the desired areas, an informal application may be filed for special temporary authority in accordance with §§ 1.41 and 1.931 of this chapter to conduct a field survey to obtain necessary data for informal application. Such data may accompany the application and be used in lieu of theoretical calculations as required in subpart P of this part . The Seattle FCC District Office must be notified in advance of scheduled tests. ( d ) Canada/U.S.A. channeling arrangement for West Coast VHF maritime mobile public correspondence. ( 1 ) The provisions of the Canada/U.S. channeling arrangement apply to waters of the State of Washington and of the Province of British Columbia within the coordination boundaries of “Arrangement A” of the Canada/U.S.A. Frequency Coordination Agreement above 30 MHz. In addition, all inland waters as far south as Olympia are to be included. A map of these waters is contained in paragraph (d)(6) of this section, Figure 1. ( 2 ) The channeling arrangement applies to the following VHF public correspondence channels: Channels 24, 84, 25, 85, 26, 86, 27, 87 and 28. ( 3 ) Public correspondence stations may be established by either country in accordance with the provisions of the arrangements. However, there must be an exchange of information prior to the establishment of new stations or a change in technical parameters of existing stations. Any channel except that used as primary or supplementary channel in a given sector is available for use as a local channel in that sector. Local channels are not protected from interference caused by primary or supplementary channels in adjacent sectors if these stations are in compliance with this section. ( 4 ) Preliminary local Canadian/U.S. coordination is required for all applications at variance with this section. This coordination will be in accordance with the provisions of Arrangement “A” of the Canada/U.S. Frequency Coordination Agreement over 30 MHz. Stations at variance with the arrangement are not protected from interference and must not cause interference to existing or future stations which are in accordance with the agreement. ( 5 ) The agreed channeling arrangements for the west coast are as follows: Public correspondence sector Primary channel Supplementary channel British Columbia (Coastal Waters): Tofino 24 26 Barkley Sound 27 87 British Columbia (Inland Waters) Juan de Fuca West (Canada) 26 24 Juan de Fuca East (Canada) 86 84 Gulf Islands 27 1 Strait of Georgia South 26 86 Howe Sound 24 84 Strait of Georgia North 26 87 Campbell River 28 85 Washington (Coastal Waters): Cape Johnson 26 85 Point Grenville 28 25 Washington (Inland Waters): Juan de Fuca West (U.S.A.) 28 1 Juan de Fuca East (U.S.A.) 25 1 San Juan Islands 28 85 Puget Sound North 24 87 Puget Sound Hood Canal 26 25 Lower Puget Sound 28 85 1 Supplementary channel not available. ( e ) Canada/U.S.A. VHF channeling arrangement on the Great Lakes and the St. Lawrence Seaway. Channels on the Great Lakes and the St. Lawrence Seaway will be assigned as follows: ( 1 ) The provisions of the arrangement apply to the waters of the Great Lakes and the St. Lawrence Seaway within the coordination boundaries of “Arrangement A” of the Canada/U.S.A. Frequency Coordination Agreement above 30 MHz. ( 2 ) The arrangement applies to the following public correspondence channels: Channels 24, 84, 25, 85, 26, 86, 27, 87, 28, and 88. ( 3 ) Canada and the U.S.A. use the following channeling arrangement: ( i ) Canadian channels: 24, 85, 27, 88 (Note 1). ( ii ) U.S.A. channels: 84, 25, 86, 87, 28 (Note 2). ( iii ) Shared channels: 26 (Note 3). Notes: 1. Also assignable to U.S. Stations within the frequency coordination zone following successful coordination with Canada. 2. Also assignable to Canadian station within the frequency coordination zone following successful coordination with the United States. 3. Changes to existing assignments and new assignments within the frequency coordination zone of either country are subject to prior coordination with the other Administration. ( f ) Canada/U.S.A. channeling arrangement for East Coast VHF maritime mobile public correspondence. For purposes of this section, channels on the east coast will be assigned as follows: ( 1 ) The provisions of the arrangement apply to the Canadian and U.S.A. east coast waters including the St. Lawrence Seaway within the coordination boundaries of “Arrangement A” of the Canada/U.S.A. Frequency Coordination Agreement above 30 MHz. ( 2 ) The arrangement applies to the following public correspondence channels: Channels 24, 84, 25, 85, 26, 86, 27, 87, 28, and 88. ( 3 ) Canada and the U.S.A. use the following channeling arrangement: ( i ) Canadian channels: 24, 85, 27, 88 (Note 1). ( ii ) U.S.A. channels: 84, 25, 86, 87, 28 (Note 2). ( iii ) Shared channel: 26 (Note 3). Notes: 1. Also assignable to U.S. stations within the frequency coordination zone following successful coordination with Canada. 2. Also assignable to Canadian stations within the frequency coordination zone following successful coordination with the United States. 3. Changes to existing assignments and new assignments within the frequency coordination zone of either country are subject to prior coordination with the other Administration. [ 51 FR 31213 , Sept. 2, 1986, as amended at 63 FR 68956 , Dec. 14, 1998; 73 FR 4480 , Jan. 25, 2008] § 80.59 Compulsory ship inspections. ( a ) Inspection of ships subject to part II or III of title III of the Communications Act or the Safety Convention. ( 1 ) The FCC will not normally conduct the required inspections of ships subject to the inspection requirements of part II or III of title III of Communications Act or the Safety Convention. Note to paragraph ( a )(1): Nothing in this section prohibits Commission inspectors from inspecting ships. The mandatory inspection of U.S. vessels must be conducted by an FCC-licensed technician holding an FCC General Radiotelephone Operator License, GMDSS Radio Maintainer's License, Second Class Radiotelegraph Operator's Certificate, First Class Radiotelegraph Operator's Certificate, or Radiotelegraph Operator License in accordance with the following table: Category of vessel Minimum class of FCC license required by private sector technician to conduct inspection—only one license required General radiotele-phone operator license GMDSS radio maintainer's license Radiotelegraph operator license (formerly second class radiotelegraph operator's certificate) First class radiotelegraph operator's certificate. Radiotelephone equipped vessels subject to 47 CFR part 80, subpart R or S √ √ √ √ GMDSS equipped vessels subject to 47 CFR part 80, subpart W √ ( 2 ) A certification that the ship has passed an inspection must be entered into the ship's log by the inspecting technician. The technician conducting the inspection and providing the certification must not be the vessel's owner, operator, master, or employee or their affiliates. Additionally, the vessel owner, operator, or ship's master must certify in the station log that the inspection was satisfactory. There are no FCC prior notice requirements for any inspection pursuant to paragraph (a)(1) of this section. An inspection of the bridge-to-bridge radio stations on board vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act must be conducted by the same FCC-licensed technician. ( 3 ) Additionally, for passenger vessels operated on an international voyage the inspecting technician must send a completed FCC Form 806 to the Officer in Charge, Marine Safety Office, United States Coast Guard in the Marine Inspection Zone in which the ship is inspected. ( 4 ) In the event that a ship fails to pass an inspection the inspecting technician must make a log entry detailing the reason that the ship did not pass the inspection. Additionally, the technician must notify the vessel owner, operator, or ship's master that the vessel has failed the inspection. ( 5 ) Because such inspections are intended to ensure the availability of communications capability during a distress the Commission will vigorously investigate reports of fraudulent inspections, or violations of the Communications Act or the Commission's Rules related to ship inspections. FCC-licensed technicians, ship owners or operators should report such violations to the Commission through its National Call Center at 1-888-CALL FCC (1-888-225-5322). ( b ) Inspection and certification of a ship subject to subpart T of this part . The FCC will not inspect vessels that are subject to subpart T of this part . An inspection and certification of a ship subject to subpart T of this part must be made by a technician holding one of the following: an FCC General Radiotelephone Operator License, a GMDSS Radio Maintainer's License, a Second Class Radiotelegraph Operator's Certificate, a First Class Radiotelegraph Operator's Certificate, or a Radiotelegraph Operator License. The certification required by § 80.953 must be entered into the ship's log. The technician conducting the inspection and providing the certification must not be the vessel's owner, operator, master, or an employee of any of them. Additionally, the vessel owner, operator, or ship's master must certify that the inspection was satisfactory. There are no FCC prior notice requirements for any inspection under this section. ( c ) Application for exemption. ( 1 ) Applications for exemption from the radio provisions of part II or III of title III of the Communications Act, the Safety Convention, or subpart T of this part , or for modification or renewal of an exemption previously granted must be filed as a waiver request using FCC Form 605. Waiver requests must include the following information: ( i ) Name of ship; ( ii ) Call sign of ship; ( iii ) Official number of ship; ( iv ) Gross tonnage of ship; ( v ) The radio station requirements from which the exemption is requested: ( A ) Radiotelephone (VHF/MF); ( B ) Radiotelegraph; and/or ( C ) Radio direction finding apparatus; ( vi ) File number of any previously granted exemption; ( vii ) Detailed description of the voyages for which the exemption is requested, including: ( A ) Maximum distance from nearest land in nautical miles; ( B ) Maximum distance between two consecutive ports in nautical miles; and ( C ) Names of all ports of call and an indication of whether travel will include a foreign port; ( viii ) Reasons for the exemption: ( A ) Size of vessel; ( B ) Variety of radio equipment on board; ( C ) Limited routes; and/or ( D ) Conditions of voyages; ( ix ) A copy of the U.S. Coast Guard Certificate of Inspection an indication of whether the vessel is certified as a Passenger or Cargo ship (for passenger ships, list the number of passengers the ship is licensed to carry); and ( x ) Type and quantity of radio equipment on board, including: ( A ) VHF Radio Installation (indicate if GMDSS approved); ( B ) Single Side-Band (SSB) (indicate the band of operation, MF or HF and indicate if GMDSS approved); ( C ) Category 1, 406 MHz EPIRB (GMDSS approved); ( D ) NAVTEX Receiver (GMDSS approved); ( E ) Survival Craft VHF (GMDSS approved); ( F ) 9 GHz Radar Transponder (GMDSS approved); ( G ) Ship Earth Station; ( H ) 2182 Radiotelephone Auto Alarm ( I ) Reserve Power Supply (capability); and ( J ) Any other equipment. ( 2 ) Feeable applications for exemption must be filed electronically using the Commission's Universal Licensing System. Emergency requests must be filed with the Federal Communications Commission, Office of the Secretary, located at the address of the FCC's main office indicated in 47 CFR 0.401(a) . Note: With emergency requests, do not send the fee, you will be billed. ( d ) Waiver of annual inspection. ( 1 ) The Commission may, upon a finding that the public interest would be served, grant a waiver of the annual inspection required by Section 362(b) of the Communications Act, 47 U.S.C. 360(b) , for a period of not more than 90 days for the sole purpose of enabling a United States vessel to complete its voyage and proceed to a port in the United States where an inspection can be held. An informal application must be submitted by the ship's owner, operator or authorized agent. The application must be submitted to the Commission's Wireless Telecommunications Bureau at least three days before the ship's arrival. The application must include: ( i ) The ship's name and radio call sign; ( ii ) The name of the first United States port of arrival directly from a foreign port; ( iii ) The date of arrival; ( iv ) The date and port at which annual inspection will be formally requested to be conducted; ( v ) The reason why an FCC-licensed technician could not perform the inspection; and ( vi ) A statement that the ship's compulsory radio equipment is operable. ( 2 ) Vessels that are navigated on voyages outside of the United States for more than 12 months in succession are exempted from annual inspection required by section 362(b) of the Communications Act, provided that the vessels comply with all applicable requirements of the Safety Convention, including the annual inspection required by Regulation 9, Chapter I, and the vessel is inspected by an FCC-licensed technician in accordance with this section within 30 days of arriving in the United States. [ 51 FR 31213 , Sept. 2, 1986, as amended at 56 FR 64715 , Dec. 12, 1991; 60 FR 50122 , Sept. 28, 1995; 61 FR 8478 , Mar. 5, 1996; 61 FR 25805 , May 23, 1996; 63 FR 29658 , June 1, 1998; 63 FR 68956 , Dec. 14, 1998; 64 FR 53241 , Oct. 1, 1999; 68 FR 46960 , Aug. 7, 2003; 69 FR 64671 , Nov. 8, 2004; 73 FR 9031 , Feb. 19, 2008; 78 FR 23154 , Apr. 18, 2013; 80 FR 53751 , Sept. 8, 2015; 81 FR 90746 , Dec. 15, 2016; 85 FR 64409 , Oct. 13, 2020; 88 FR 44736 , July 13, 2023; 88 FR 77220 , Nov. 9, 2023] § 80.60 Partitioned licenses and disaggregated spectrum. ( a ) Except as specified in § 20.15(c) of this chapter with respect to commercial mobile radio service providers, charges must not be made for service of: ( 1 ) VHF Public Coast area licensees, see § 80.371(c)(1)(ii) , may partition their geographic service area or disaggregate their spectrum pursuant to the procedures set forth in this section. ( 2 ) AMTS geographic area licensees, see § 80.385(a)(3) , may partition their geographic service area or disaggregate their spectrum pursuant to the procedures set forth in this section. Site-based AMTS public coast station licensees may partition their license or disaggregate their spectrum pursuant to the procedures set forth in this section, provided that the partitionee or disaggregatee's predicted 38 dBu signal level contour does not extend beyond the partitioner or disaggregator's predicted 38 dBu signal level contour. The predicted 38 dBu signal level contours shall be calculated using the F(50, 50) field strength chart for Channels 7-13 in § 73.699 (Fig. 10) of this chapter, with a 9 dB correction for antenna height differential. ( 3 ) Nationwide or multi-region LF, MF, and HF public coast station licensees, see §§ 80.357(b)(1) , 80.361(a) , 80.363(a)(2) , 80.371(b) , and 80.374 , may partition their spectrum pursuant to the procedures set forth in this section, except that frequencies or frequency pairs licensed to more than one licensee as of March 13, 2002 may be partitioned only by the earliest licensee, and only on the condition that the partitionee shall operate on a secondary, non-interference basis to stations licensed as of March 13, 2002 other than the earliest licensee. Coordination with government users is required for partitioning of spectrum the licensing of which is subject to coordination with government users. ( b ) Technical standards — ( 1 ) Partitioning. In the case of partitioning, all requests for authorization for partial assignment of a license must include, as an attachment, a description of the partitioned service area. The partitioned service area shall be defined by coordinate points at every 3 degrees along the partitioned service area unless an FCC-recognized service area is utilized (e.g., Metropolitan Service Area, Rural Service Area, or Economic Area) or county lines are used. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude, and must be based upon the 1983 North American Datum (NAD83). In a case where an FCC-recognized service area or county lines are utilized, applicants need only list the specific area(s) (through use of FCC designations or county names) that constitute the partitioned area. ( 2 ) Disaggregation. VHF (156-162 MHz) spectrum may only be disaggregated according to frequency pairs. AMTS spectrum may be disaggregated in any amount. ( 3 ) Combined partitioning and disaggregation. The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation. ( c ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's term as provided for in § 80.25 of this part . ( d ) Partitioning and disaggregation construction requirements for site-based AMTS, and nationwide or multi-region LF, MF, and HF public coast. Parties seeking to acquire a partitioned license or disaggregated spectrum from a site-based AMTS, or nationwide or multi-region LF, MF, and HF public coast licensee will be required to construct and commence “service to subscribers” in all facilities acquired through such transactions within the original construction deadline for each facility as set forth in § 80.49 . Failure to meet the individual construction deadline will result in the automatic termination of the facility's authorization. [ 63 FR 40063 , July 27, 1998, as amended at 67 FR 48563 , July 25, 2002; 69 FR 64671 , Nov. 8, 2004; 82 FR 41548 , Sept. 1, 2017] Subpart C—Operating Requirements and Procedures Station Requirements—General § 80.61 Commission inspection of stations. All stations and required station records must be made available for inspection by authorized representatives of the Commission. § 80.63 Maintenance of transmitter power. ( a ) The power of each radio transmitter must not be more than that necessary to carry on the service for which the station is licensed. ( b ) Except for transmitters using single sideband and independent sideband emissions, each radio transmitter rated by the manufacturer for carrier power in excess of 100 watts must contain the instruments necessary to determine the transmitter power during its operation. Station Requirements—Land Stations § 80.67 General facilities requirements for coast stations. ( a ) All coast stations licensed to transmit in the band 156-162 MHz must be able to transmit and receive on 156.800 MHz and at least one working frequency in the band. ( b ) All coast stations that operate telephony on frequencies in the 1605-3500 kHz band must be able to transmit and receive using J3E emission on the frequency 2182 kHz and at least one working frequency in the band. [ 51 FR 31213 , Sept. 2, 1986, as amended at 68 FR 46960 , Aug. 7, 2003] § 80.68 Facilities requirements for public coast stations using telegraphy. Public coast station using telegraphy must be provided with the following facilities. ( a ) Stations having a frequency assignment below 150 kHz must: ( 1 ) Transmit A1A emission on at least one working frequency within the band 100-150 kHz; ( 2 ) Receive A1A emission on all radio channels authorized for transmission by mobile stations operating in the maritime mobile service for telegraphy within the band 100-150 kHz. ( b ) Stations having a frequency assignment within the 405-525 kHz band must transmit and receive on 500 kHz and at least one working frequency in the band. ( c ) Stations having frequency assignments above 4000 kHz must be equipped to receive on each of their assigned frequencies and all ship station radiotelegraphy frequencies in the same sub-band as the assigned frequency of the coast station. See subpart H of this part for the list of frequencies. § 80.69 Facilities requirement for public coast stations using telephony. Public coast stations using telephony must be provided with the following facilities. ( a ) When the station is authorized to use frequencies in the 1605-3500 kHz band, equipment meeting the requirements of § 80.67(b) must be installed at each transmitting location. ( b ) The transmitter power on the frequency 2182 kHz must not exceed 50 watts carrier power for normal operation. During distress, urgency and safety traffic, operation at maximum power is permitted. § 80.70 Special conditions relative to coast station VHF facilities. ( a ) Coast stations which transmit on the same radio channel above 150 MHz must minimize interference by reducing radiated power, by decreasing antenna height or by installing directional antennas. Coast stations at locations separated by less than 241 kilometers (150 miles) which transmit on the same radio channel above 150 MHz must also consider a time-sharing arrangement. The Commission may order station changes if agreement cannot be reached between the involved licensees. ( b ) Coast stations which transmit on a radio channel above 150 MHz and are located within interference range of any station within Canada or Mexico must minimize interference to the involved foreign station(s), and must notify the Commission of any station changes. ( c ) A VHF (156-162 MHz) public coast licensee initially authorized on any of the channels listed in the table in § 80.371(c)(1) , or an AMTS licensee initially authorized on any of the channel blocks listed in the table in § 80.385(a)(2) , may transfer or assign its channel(s), or channel block(s), to another entity. If the proposed transferee or assignee is the geographic area licensee for the geographic area to which the frequency block is allocated, such transfer or assignment will be deemed to be in the public interest. However, such presumption will be rebuttable. [ 51 FR 31213 , Sept. 2, 1986, as amended at 63 FR 40063 , July 27, 1998; 67 FR 48564 , July 25, 2002] § 80.71 Operating controls for stations on land. Each coast station, Alaska-public fixed station and Alaska-private fixed station must provide operating controls in accordance with the following: ( a ) Each station using telegraphy or telephony must be capable of changeover from transmission to reception and vice versa within two seconds excluding a change in operating radio channel. ( b ) During it hours of service, each station must be capable of: ( 1 ) Commencing operation within one minute after the need to do so occurs; ( 2 ) Discontinuing all emission within five seconds after emission is no longer desired. The emission of an unattended station in an automated multistation system at which restoration to standby is automatic on conclusion of a call must be discontinued within three seconds of the disconnect signal or, if a disconnect signal is not received, within twenty seconds after reception of the final carrier transmission from a ship station. ( c ) Each station using a multichannel installation for telegraphy must be capable of changing from one telegraphy channel to any other telegraphy channel within the same sub-band below 525 kHz within five seconds. This requirement need not be met by equipment intended for use only in emergencies and not used for normal communication. ( d ) Every coast station using a multi-channel installation for radiotelephony must be capable of changing from one telephony channel to another telephony channel within: ( 1 ) Five seconds within the frequency band 1605-3500 kHz; or ( 2 ) Three seconds within the band 156-162 MHz. This requirement also applies to marine utility stations. § 80.72 Antenna requirements for coast stations. All emissions of a coast station a marine-utility station operated on shore using telephony within the frequency band 30-200 MHz must be vertically polarized. § 80.74 Public coast station facilities for a telephony busy signal. A “busy” signal, when used by a public coast station in accordance with the provisions of § 80.111(d) , must consist of the transmission of a single audio frequency regularly interrupted, as follows: ( a ) Audio frequency. Not less than 100 nor more than 1100 Hertz, provided the frequency used for this purpose will not cause auto alarms or selective-ringing devices to be operated. ( b ) Rate of interruption. 60 times per minute ±10%. ( c ) Duration of each interruption. 0.5 second ±10%. § 80.76 Requirements for land station control points. Each coast or fixed station subject to this part must have the following facilities: ( a ) Except for marine utility stations, a visual indication of antenna current; or a pilot lamp, meter or equivalent device which provides continuous visual indication whenever the transmitter control circuits have been actuated. ( b ) Capability to aurally monitor all transmissions originating at dispatch points and to disconnect the dispatch points from the transmitter or to terminate the operation of the transmitter. ( c ) Facilities which will permit the responsible operator to turn the carrier of the radio transmitter on and off at will. Station Requirements—Ship Stations § 80.79 Inspection of ship station by a foreign Government. The Governments or appropriate administrations of countries which a ship visits may require the license of the ship station or ship earth station to be produced for examination. When the license cannot be produced without delay or when irregularities are observed, Governments or administrations may inspect the radio installations to satisfy themselves that the installation conforms to the conditions imposed by the Radio Regulations. § 80.80 Operating controls for ship stations. ( a ) Each control point must be capable of: ( 1 ) Starting and discontinuing operation of the station; ( 2 ) Changing frequencies within the same sub-band; ( 3 ) Changing from transmission to reception and vice versa. ( 4 ) In the case of stations operating in the 156-162 MHz bands, reducing power output to one watt or less in accordance with § 80.215(e) . [ 1 ] ( b ) Each ship station using telegraphy must be capable of changing from telegraph transmission to telegraph reception and vice versa without manual switching. ( c ) Each ship station using telephony must be capable of changing from transmission to reception and vice versa within two seconds excluding a change in operating radio channel. ( d ) During its hours of service, each ship station must be capable of: ( 1 ) Commencing operation within one minute; ( 2 ) Discontinuing all emission within five seconds after emission is no longer desired. ( e ) Each ship station using a multi-channel installation for telegraphy (except equipment intended for use only in emergencies on frequencies below 515 kHz) must be capable of changing from one radio channel to another within: ( 1 ) Five seconds if the channels are within the same sub-band; or ( 2 ) Fifteen seconds if the channels are not within the same sub-band. ( f ) Each ship station and marine-utility station using a multi-channel installation for telephony must be capable of changing from one radio channel to another within: ( 1 ) Five seconds within the band 1605-3500 kHz; or ( 2 ) Three seconds within the band 156-162 MHz. ( g ) ( 1 ) Any telegraphy transmitter constructed since January 1, 1952, that operates in the band 405-525 kHz with an output power in excess of 250 watts must be capable of reducing the output power to 150 watts or less. ( 2 ) The requirement of paragraph (g)(1) of this section does not apply when there is available in the same station a transmitter capable of operation on the international calling frequency 500 kHz and at least one working frequency within the band 405-525 kHz, capable of being energized by a source of power other than an emergency power source and not capable of an output in excess of 100 watts when operated on such frequencies. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 35244 , Sept. 18, 1987] Footnotes - 80.80 [ 1 ] Ship station transmitters, except hand-held portable transmitters, manufactured after January 21, 1987 must automatically reduce the carrier power to one watt or less when turned to the frequency 156.375 MHz or 156.650 MHz. All ship station tramsmitters, except hand-held portable transmitters, used after January 21, 1997, must automatically reduce power as described above. A manual override device must be provided which when held by the operator will permit full carrier power operation on channels 13 and 67. Hand-held portable transmitters must be capable of reducing power to one watt, but need not do so automatically. § 80.81 Antenna requirements for ship stations. All telephony emissions of a ship station or a marine utility station on board ship within the frequency band 30-200 MHz must be vertically polarized. § 80.83 Protection from potentially hazardous RF radiation. Any license or renewal application for a ship earth station that will cause exposure to radiofrequency (RF) radiation in excess of the RF exposure guidelines specified in § 1.1307(b) of the Commission's Rules must comply with the environmental processing rules set forth in §§ 1.1301-1.1319 of this chapter . [ 53 FR 28225 , July 27, 1988] Operating Procedures—General § 80.86 International regulations applicable. In addition to being regulated by these rules, the use and operation of stations subject to this part are governed by the Radio Regulations and the radio provisions of all other international agreements in force to which the United States is a party. § 80.87 Cooperative use of frequency assignments. Each radio channel is available for use on a shared basis only and is not available for the exclusive use of any one station or station licensee. Station licensees must cooperate in the use of their respective frequency assignments in order to minimize interference and obtain the most effective use of the authorized radio channels. § 80.88 Secrecy of communication. The station licensee, the master of the ship, the responsible radio operators and any person who may have knowledge of the radio communications transmitted or received by a fixed, land, or mobile station subject to this part, or of any radiocommunication service of such station, must observe the secrecy requirements of the Communications Act and the Radio Regulations. See sections 501, 502, and 705 of the Communications Act and Article 23 of the Radio Regulations. § 80.89 Unauthorized transmissions. Stations must not: ( a ) Engage in superfluous radiocommunication. ( b ) Use telephony on 243 MHz. ( c ) Use selective calling on 2182 kHz or 156.800 MHz. ( d ) When using telephony, transmit signals or communications not addressed to a particular station or stations. This provision does not apply to the transmission of distress, alarm, urgency, or safety signals or messages, or to test transmissions. ( e ) Transmit while on board vessels located on land unless authorized under a public coast station license. Vessels in the following situations are not considered to be on land for the purposes of this paragraph: ( 1 ) Vessels which are aground due to a distress situation; ( 2 ) Vessels in drydock undergoing repairs; and ( 3 ) State or local government vessels which are involved in search and rescue operations including related training exercises. ( f ) Transmit on frequencies or frequency bands not authorized on the current station license. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 35244 , Sept. 18, 1987; 62 FR 40304 , July 28, 1997; 68 FR 46960 , Aug. 7, 2003] § 80.90 Suspension of transmission. Transmission must be suspended immediately upon detection of a transmitter malfunction and must remain suspended until the malfunction is corrected, except for transmission concerning the immediate safety of life or property, in which case transmission must be suspended as soon as the emergency is terminated. § 80.91 Order of priority of communications. ( a ) All stations in the maritime mobile service and the maritime mobile-satellite service shall be capable of offering four levels of priority in the following order: ( 1 ) Distress calls, distress messages, and distress traffic. ( 2 ) Urgency communications. ( 3 ) Safety communications. ( 4 ) Other communications. ( b ) In a fully automated system, where it is impracticable to offer all four levels of priority, category 1 shall receive priority until such time as intergovernmental agreements remove exemptions granted for such systems from offering the complete order of priority. [ 68 FR 46960 , Aug. 7, 2003] § 80.92 Prevention of interference. ( a ) The station operator must determine that the frequency is not in use by monitoring the frequency before transmitting, except for transmission of signals of distress. ( b ) When a radiocommunication causes interference to a communication which is already in progress, the interfering station must cease transmitting at the request of either party to the existing communication. As between nondistress traffic seeking to commence use of a frequency, the priority is established under § 80.91 . ( c ) Except in cases of distress, communications between ship stations or between ship and aircraft stations must not interfere with public coast stations. The ship or aircraft stations which cause interference must stop transmitting or change frequency upon the first request of the affected coast station. § 80.93 Hours of service. ( a ) All stations. All stations whose hours of service are not continuous must not suspend operation before having concluded all communication required in connection with a distress call or distress traffic. ( b ) Public coast stations. ( 1 ) Each public coast station whose hours of service are not continuous must not suspend operation before having concluded all communication involving messages or calls originating in or destined to mobile stations within range and mobile stations which have indicated their presence. ( 2 ) Unless otherwise authorized by the Commission upon adequate showing of need, each public coast station authorized to operate on frequencies in the 3000-23,000 kHz band must maintain continuous hours of service. ( c ) Compulsory ship stations. ( 1 ) Compulsory ship stations whose service is not continuous may not suspend operation before concluding all traffic originating in or destined for public coast stations situated within their range and mobile stations which have indicated their presence. ( 2 ) For GMDSS ships, radios shall be turned on and set to proper watch channels while ships are underway. If a ship has duplicate GMDSS installations for DSC or INMARSAT, only one of each must be turned on and keeping watch. ( d ) Ships voluntarily fitting GMDSS subsystems. For ships voluntarily fitting GMDSS subsystems, radios shall be turned on and set to proper watch channels while ships are underway. If ship has duplicate GMDSS installations for DSC or INMARSAT, only one of each must be turned on and keeping watch. ( e ) Other than public coast or compulsory ship stations. The hours of service of stations other than those described in paragraphs (b) , (c) , and (d) of this section are determined by the station licensee. [ 51 FR 31213 , Sept. 2, 1986, as amended at 68 FR 46960 , Aug. 7, 2003] § 80.94 Control by coast or Government station. When communicating with a coast station or any Government station in the maritime mobile service, ship stations must comply with the instruction given by the coast station or Government station relative to the order and time of transmission, the choice of frequency, the suspension of communication and the permissible type of message traffic that may be transmitted. This provision does not apply in the event of distress. § 80.95 Message charges. ( a ) Except as specified in § 20.15(c) of this chapter with respect to commercial mobile radio service providers, charges must not be made for service of: ( 1 ) Any public coast station unless tariffs for the service are on file with the Commission; ( 2 ) Any station other than a public coast station or an Alaska—public fixed station, except cooperatively shared stations covered by § 80.503 ; ( 3 ) Distress calls and related traffic; and ( 4 ) Navigation hazard warnings preceded by the SAFETY signal. ( b ) The licensee of each ship station is responsible for the payment of all charges accruing to any other station(s) or facilities for the handling or forwarding of messages or communications transmitted by that station. ( c ) In order to be included in the ITU List of Coast Stations public coast stations must recognize international Accounting Authority Identification Codes (AAIC) for purposes of billing and accounts settlement in accordance with Article 66 of the Radio Regulations. Stations which elect not to recognize international AAIC's will be removed from the ITU List of Coast Stations. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 35244 , Sept. 18, 1987; 69 FR 64671 , Nov. 8, 2004] § 80.96 Maintenance tests. Stations are authorized to engage in test transmissions necessary for maintenance of the station. Test transmissions must conform to appropriate test operating procedures. § 80.97 Radiotelegraph operating procedures. This section applies to ships and coast stations authorized to transmit in the band 405-525 kHz. ( a ) Except for the transmission of distress or urgency signals, all transmissions must cease within the band 485-515 kHz during each 500 kHz silence period. ( b ) Stations transmitting telegraphy must use the service abbreviations (“Q” code) listed in Appendix 14 to the Radio Regulations. ( c ) The call consists of: ( 1 ) The call sign of the station called, not more than twice; the word “DE” and the call sign of the calling station, not more than twice; if useful, the frequency on which the called station should reply; and the letter “K”. ( 2 ) If the call is transmitted twice at an interval of not less than one minute, it must not be repeated until after an interval of three minutes. ( d ) The reply to calls consists of: The call sign of the calling station, not more than twice; the word “DE”; and the call sign of the station called, once only. § 80.98 Radiotelegraph testing procedures. Stations authorized to use telegraphy may conduct tests on any assigned frequency. Emissions must not cause harmful interference. When radiation is necessary the radiotelegraph testing procedure described in this paragraph must be followed: ( a ) The operator must not interfere with transmissions in progress. ( b ) The operator must transmit “IE” (two dots, space, one dot) on the test frequency as a warning that test emissions are about to be made. ( c ) If any station transmits “AS” (wait), testing must be suspended. When transmission of “IE” is resumed and no response is heard, the test may proceed. ( d ) Test signals composed of a series of “VVV” having a duration of not more than ten seconds, followed by the call sign of the testing station will be transmitted. The call sign must be sent clearly at a speed of approximately 10 words per minute. This test transmission must not be repeated until a period of at least one minute has elapsed. [ 69 FR 64671 , Nov. 8, 2004] § 80.99 Radiotelegraph station identification. This section applies to coast, ship and survival craft stations authorized to transmit in the band 405-525 kHz. ( a ) The station transmitting radiotelegraph emissions must be identified by its call sign. The call sign must be transmitted with the telegraphy emission normally used by the station. The call sign must be transmitted at 20 minute intervals when transmission is sustained for more than 20 minutes. When a ship station is exchanging public correspondence communications, the identification may be deferred until completion of each communication with any other station. ( b ) The requirements of this section do not apply to survival craft stations when transmitting distress signals automatically or when operating on 121.500 MHz for radiobeacon purposes. ( c ) Emergency position indicating radiobeacon stations do not require identification. § 80.100 Morse code requirement. The code employed for telegraphy must be the Morse code specified in the Telegraph Regulations annexed to the International Telecommunication Convention. Pertinent extracts from the Telegraph Regulations are contained in the “Manual for Use by the Maritime Mobile and Maritime Mobile-Satellite Services” published by the International Telecommunication Union. § 80.101 Radiotelephone testing procedures. This section is applicable to all stations using telephony except where otherwise specified. ( a ) Station licensees must not cause harmful interference. When radiation is necessary or unavoidable, the testing procedure described below must be followed: ( 1 ) The operator must not interfere with transmissions in progress. ( 2 ) The testing station's call sign, followed by the word “test”, must be announced on the radio-channel being used for the test. ( 3 ) If any station responds “wait”, the test must be suspended for a minimum of 30 seconds, then repeat the call sign followed by the word “test” and listen again for a response. To continue the test, the operator must use counts or phrases which do not conflict with normal operating signals, and must end with the station's call sign. Test signals must not exceed ten seconds, and must not be repeated until at least one minute has elapsed. On the frequency 2182 kHz or 156.800 MHz, the time between tests must be a minimum of five minutes. ( b ) Testing of transmitters must be confined to single frequency channels on working frequencies. However, 2182 kHz and 156.800 MHz may be used to contact ship or coast stations as appropriate when signal reports are necessary. Short tests on 4125 kHz are permitted by vessels equipped with MF/HF radios to evaluate the compatibility of the equipment for distress and safety purposes. U.S. Coast Guard stations may be contacted on 2182 kHz or 156.800 MHz for test purposes only when tests are being conducted by Commission employees, when FCC-licensed technicians are conducting inspections on behalf of the Commission, when qualified technicians are installing or repairing radiotelephone equipment, or when qualified ship's personnel conduct an operational check requested by the U.S. Coast Guard. In these cases the test must be identified as “FCC” or “technical.” ( c ) Survival craft transmitter tests must not be made within actuating range of automatic alarm receivers. [ 51 FR 31213 , Sept. 2, 1986, as amended at 63 FR 29659 , June 1, 1998; 68 FR 46961 , Aug. 7, 2003] § 80.102 Radiotelephone station identification. This section applies to all stations using telephony which are subject to this part. ( a ) Except as provided in paragraphs (d) and (e) of this section, stations must give the call sign in English. Identification must be made: ( 1 ) At the beginning and end of each communication with any other station. ( 2 ) At 15 minute intervals when transmission is sustained for more than 15 minutes. When public correspondence is being exchanged with a ship or aircraft station, the identification may be deferred until the completion of the communications. ( b ) Private coast stations located at drawbridges and transmitting on the navigation frequency 156.650 MHz may identify by use of the name of the bridge in lieu of the call sign. ( c ) Ship stations transmitting on any authorized VHF bridge-to-bridge channel may be identified by the name of the ship in lieu of the call sign. ( d ) Ship stations operating in a vessel traffic service system or on a waterway under the control of a U.S. Government agency or a foreign authoriy, when communicating with such an agency or authority may be identified by the name of the ship in lieu of the call sign, or as directed by the agency or foreign authority. ( e ) Voice traffic in the INMARSAT system is closed to other parties except the two stations involved and the identification is done automatically with the establishment of the call. Therefore, it is not necessary for these stations to identify themselves periodically during the communication. For terrestrial systems using DSC to establish radiotelephone communications, the identification is made at the beginning of the call. In these cases, both parties must identify themselves by ship name, call sign or MMSI at least once every 15 minutes during radiotelephone communications. ( f ) VHF public coast stations licensed to serve a predetermined geographic service area are not required to provide station identification under this section. A site-based VHF public coast station may identify by means of the approximate geographic location of the station or the area it serves when it is the only VHF public coast station serving the location or there will be no conflict with the identification of any other station. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 35244 , Sept. 18, 1987; 68 FR 46961 , Aug. 7, 2003; 69 FR 64671 , Nov. 8, 2004] § 80.103 Digital selective calling (DSC) operating procedures. ( a ) Operating procedures for the use of DSC equipment in the maritime mobile service are as contained in ITU-R M.541-9 (incorporated by reference, see § 80.7 ), and subpart W of this part . ( b ) When using DSC techniques, coast stations and ship stations must use maritime mobile service identities (MMSI) assigned by the Commission or its designees. ( c ) DSC acknowledgment of DSC distress and safety calls must be made by designated coast stations and such acknowledgment must be in accordance with procedures contained in ITU-R M.541-9 (incorporated by reference, see § 80.7 ). Nondesignated public and private coast stations must follow the guidance provided for ship stations in ITU-R M.541-9 (incorporated by reference, see § 80.7 ), with respect to DSC “Acknowledgment of distress calls” and “Distress relays.” (See subpart W of this part .) ( d ) Group calls to vessels under the common control of a single entity are authorized. A group call identity may be created from an MMSI ending in a zero, assigned to this single entity, by deleting the trailing zero and adding a leading zero to the identity. [ 68 FR 46961 , Aug. 7, 2003, as amended at 73 FR 4480 , Jan. 25, 2008; 76 FR 67610 , Nov. 2, 2011] § 80.104 Identification of radar transmissions not authorized. This section applies to all maritime radar transmitters except radar beacon stations. ( a ) Radar transmitters must not transmit station identification. ( b ) [Reserved] Operating Procedures—Land Stations § 80.105 General obligations of coast stations. Each coast station or marine-utility station must acknowledge and receive all calls directed to it by ship or aircraft stations. Such stations are permitted to transmit safety communication to any ship or aircraft station. VHF (156-162 MHz) and AMTS (216-220 MHz) public coast stations may provide fixed or hybrid services on a co-primary basis with mobile operations. [ 65 FR 77824 , Dec. 13, 2000] § 80.106 Intercommunication in the mobile service. ( a ) Each public coast station must exchange radio communications with any ship or aircraft station at sea; and each station on shipboard or aircraft at sea must exchange radio communications with any other station on shipboard or aircraft at sea or with any public coast station. ( b ) Each public coast station must acknowledge and receive all communications from mobile stations directed to it, transmit all communications delivered to it which are directed to mobile stations within range in accordance with their tariffs. Discrimination in service is prohibited. § 80.107 Service of private coast stations and marine-utility stations. A private coast station or a marine-utility station is authorized to transmit messages necessary for the private business and operational needs of ships and the safety of aircraft. § 80.108 Transmission of traffic lists by coast stations. ( a ) Each coast station is authorized to transmit lists of call signs in alphabetical order of all mobile stations for which they have traffic on hand. These traffic lists will be transmitted on the station's normal working frequencies at intervals of: ( 1 ) In the case of telegraphy, at least two hours and not more than four hours during the working hours of the coast station. ( 2 ) In the case of radiotelephony, at least one hour and not more than four hours during the working hours of the coast station. ( b ) The announcement must be as brief as possible and must not be repeated more than twice. Coast stations may announce on a calling frequency that they are about to transmit call lists on a specific working frequency. § 80.109 Transmission to a plurality of mobile stations by a public coast station. Group calls to vessels under the common control of a single entity and information for the general benefit of mariners including storm warnings, ordinary weather, hydrographic information and press materials may be transmitted by a public coast station simultaneously to a plurality of mobile stations. § 80.110 Inspection and maintenance of antenna structure markings and associated control equipment. The owner of each antenna structure required to be painted and/or illuminated under the provisions of Section 303(q) of the Communications Act of 1934, as amended, shall operate and maintain the antenna structure painting and lighting in accordance with part 17 of this chapter . In the event of default by the owner, each licensee or permittee shall be individually responsible for conforming to the requirements pertaining to antenna structure painting and lighting. [ 61 FR 4368 , Feb. 6, 1996] § 80.111 Radiotelephone operating procedures for coast stations. This section applies to all coast stations using telephony which are subject to this part. ( a ) Limitations on calling. ( 1 ) Except when transmitting a general call to all stations for announcing or preceding the transmission of distress, urgency, or safety messages, a coast station must call the particular station(s) with which it intends to communicate. ( 2 ) Coast stations must call ship stations by voice unless it is known that the particular ship station may be contacted by other means such as automatic actuation of a selective ringing or calling device. ( 3 ) Coast stations may be authorized emission for selective calling on each working frequency. ( 4 ) Calling a particular station must not continue for more than one minute in each instance. If the called station does not reply, that station must not again be called for two minutes. When a called station does not reply to a call sent three times at intervals of two minutes, the calling must cease for fifteen minutes. However, if harmful interference will not be caused to other communications in progress, the call may be repeated after three minutes. ( 5 ) A coast station must not attempt to communicate with a ship station that has specifically called another coast station until it becomes evident that the called station does not answer, or that communication between the ship station and the called station cannot be carried on because of unsatisfactory operating conditions. ( 6 ) Calls to establish communication must be initiated on an available common working frequency when such a frequency exists and it is known that the called ship maintains a simultaneous watch on the common working frequency and the appropriate calling frequency(ies). ( b ) Time limitation on calling frequency. Transmissions by coast stations on 2182 kHz or 156.800 MHz must be minimized and any one exchange of communications must not exceed one minute in duration. ( c ) Change to working frequency. After establishing communications with another station by call and reply on 2182 kHz or 156.800 MHz coast stations must change to an authorized working channel for the transmission of messages. ( d ) Use of busy signal. A coast station, when communicating with a ship station which transmits to the coast station on a radio channel which is a different channel from that used by the coast station for transmission, may transmit a “busy” signal whenever transmission from the ship station is being received. The characteristics of the “busy” signal are contained in § 80.74 . [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 35244 , Sept. 18, 1987] Operating Procedures—Ship Stations § 80.114 Authority of the master. ( a ) The service of each ship station must at all times be under the ultimate control of the master, who must require that each operator or such station comply with the Radio Regulations in force and that the ship station is used in accordance with those regulations. ( b ) These rules are waived when the vessel is under the control of the U.S. Government. § 80.115 Operational conditions for use of associated ship units. ( a ) Associated ship units may be operated under a ship station authorization. Use of an associated ship unit is restricted as follows; ( 1 ) It must only be operated on the safety and calling frequency 156.800 MHz or 156.525 MHz or on commercial or noncommercial VHF intership frequencies appropriate to the class of ship station with which it is associated. ( 2 ) Except for safety purposes, it must only be used to communicate with the ship station with which it is associated or with associated ship units of the same ship station. Such associated ship units may be used from shore only adjacent to the waterway (such as on a dock or beach) where the ship is located. Communications from shore must relate to the operational and business needs of the ship including the transmission of safety information, and must be limited to the minimum practicable transmission time. ( 3 ) It must be equipped to transmit on the frequency 156.800 MHz or 156.525 MHz and at least one appropriate intership frequency. ( 4 ) Calling must occur on the frequency 156.800 MHz or 156.525 MHz unless calling and working on an intership frequency has been prearranged. ( 5 ) Power is limited to one watt. ( 6 ) The station must be identified by the call sign of the ship station with which it is associated and an appropriate unit designator. ( b ) State or local government vehicles used to tow vessels involved in search and rescue operations are authorized to operate on maritime mobile frequencies as associated ship units. Such operations must be in accordance with paragraph (a) of this section, except that the associated ship unit: May be operated from shore; may use Distress, Safety and Calling, Intership Safety, Liaison, U.S. Coast Guard, or Maritime Control VHF intership frequencies; and may have a transmitter power of 25 watts. [ 51 FR 31213 , Sept. 2, 1986, as amended at 81 FR 90746 , Dec. 15, 2016] § 80.116 Radiotelephone operating procedures for ship stations. ( a ) Calling coast stations. ( 1 ) Use by ship stations of the frequency 2182 kHz for calling coast stations and for replying to calls from coast stations is authorized. However, such calls and replies should be on the appropriate ship-shore working frequency. ( 2 ) Use by ship stations and marine utility stations of the frequency 156.800 MHz for calling coast stations and marine utility stations on shore, and for replying to calls from such stations, is authorized. However, such calls and replies should be made on the appropriate ship-shore working frequency. ( b ) Calling ship stations. ( 1 ) Except when other operating procedure is used to expedite safety communication, ship stations, before transmitting on the intership working frequencies 2003, 2142, 2638, 2738, or 2830 kHz, must first establish communications with other ship stations by call and reply on 2182 kHz. Calls may be initiated on an intership working frequency when it is known that the called vessel maintains a simultaneous watch on the working frequency and on 2182 kHz. ( 2 ) Except when other operating procedures are used to expedite safety communications, the frequency 156.800 MHz must be used for call and reply by ship stations and marine utility stations before establishing communication on one of the intership working frequencies. Calls may be initiated on an intership working frequency when it is known that the called vessel maintains a simultaneous watch on the working frequency and on 156.800 MHz. ( c ) Change to working frequency. After establishing communication with another station by call and reply on 2182 kHz or 156.800 MHz stations on board ship must change to an authorized working frequency for the transmission of messages. ( d ) Limitations on calling. Calling a particular station must not continue for more than 30 seconds in each instance. If the called station does not reply, the station must not again be called until after an interval of 2 minutes. When a called station called does not reply to a call sent three times at intervals of 2 minutes, the calling must cease and must not be renewed until after an interval of 15 minutes; however, if there is no reason to believe that harmful interference will be caused to other communications in progress, the call sent three times at intervals of 2 minutes may be repeated after a pause of not less than 3 minutes. In event of an emergency involving safety, the provisions of this paragraph do not apply. ( e ) Limitations on working. Any one exchange of communications between any two ship stations on 2003, 2142, 2638, 2738, or 2830 kHz or between a ship station and a private coast station on 2738 or 2830 kHz must not exceed 3 minutes after the stations have established contact. Subsequent to such exchange of communications, the same two stations must not again use 2003, 2142, 2638, 2738, or 2830 kHz for communication with each other until 10 minutes have elapsed. ( f ) Transmission limitation on 2182 kHz and 156.800 MHz. To facilitate the reception of distress calls, all transmissions on 2182 kHz and 156.800 MHz (channel 16) must be minimized and transmissions on 156.800 MHz must not exceed 1 minute. ( g ) Limitations on commercial communication. On frequencies in the band 156-162 MHz, the exchange of commercial communication must be limited to the minimum practicable transmission time. In the conduct of ship-shore communication other than distress, stations on board ship must comply with instructions given by the private coast station or marine utility station on shore with which they are communicating. [ 51 FR 31213 , Sept. 2, 1986, as amended at 68 FR 46961 , Aug. 7, 2003] Special Procedures—Public Coast Stations § 80.121 Public coast stations using telegraphy. ( a ) Narrow-band direct-printing (NB-DP) operating procedures. ( 1 ) When both terminals of the NB-DP circuit are satisfied that the circuit is in operable condition, the message preamble must be transmitted in the following format: ( i ) One carriage return and one line feed, ( ii ) Serial number or number of the message, ( iii ) The name of the office of origin, ( iv ) The number of words, ( v ) The date of handing in of the message, ( vi ) The time of handing in of the message, and ( vii ) Any service instructions. (See The ITU “Manual for Use by the Maritime Mobile and Maritime Mobile-Satellite Services”.) ( 2 ) Upon completion of transmission of the preamble, the address, text and signature must be transmitted as received from the sender. ( 3 ) Upon completion of transmission of the signature the coast station must, following the signal “COL”, routinely repeat all service indications in the address and for figures or mixed groups of letters, figures or signs in the address, text or signature. ( 4 ) In telegrams of more than 50 words, routine repetition must be given at the end of each page. ( 5 ) Paragraphs (a) (1) through (4) of this section need not be followed when a direct connection is employed. ( 6 ) In calling ship stations by narrow-band direct-printing, the coast station must use the ship station selective calling number (5 digits) and its assigned coast station identification number (4 digits). Calls to ship stations must employ the following format: Ship station selective call number, repeated twice; “DE”, sent once; and coast station identification number, repeated twice. When the ship station does not reply to a call sent three times at intervals of two minutes, the calling must cease and must not be renewed until after an interval of fifteen minutes. ( 7 ) A public coast station authorized to use NB-DP frequencies between 4000 kHz and 27500 kHz may use class A1A emission on the “mark” frequency for station identification and for establishing communications with ship stations. The radio station license must reflect authority for this type of operation, and harmful interference must not be caused. ( b ) Watch on ship calling frequencies. ( 1 ) Public coast stations using telegraphy must maintain a continuous watch during their working hours for calls from ship stations on frequencies in the same band(s) in which the coast station is licensed to operate. See subpart H of this part . ( 2 ) Such station must employ receivers which are capable of being accurately set to any designated calling frequency in each band for which the receiver is intended to operate. The time required to set the receiver to a frequency must not exceed five seconds. The receiver must have a long term frequency stability of not more than 50 Hz and a minimum sensitivity of two microvolts across receiver input terminals of 50 ohms, or equivalent. The audio harmonic distortion must not exceed five percent at any rated output power. ( c ) Radiotelegraph frequencies. Radiotelegraph frequencies available for assignment to public coast stations are contained in subpart H of this part . § 80.122 Public coast stations using facsimile and data. Facsimile operations are a form of telegraphy for the transmission and receipt of fixed images between authorized coast and ship stations. Facsimile and data techniques may be implemented in accordance with the following paragraphs. ( a ) Supplemental Eligibility Requirements. Public coast stations are eligible to use facsimile and data techniques with ship stations. ( b ) Assignment and use of frequencies. ( 1 ) Frequencies in the 2000-27500 kHz bands in part 2 of this chapter as available for shared use by the maritime mobile service and other radio services are assignable to public coast stations for providing facsimile communications with ship stations. Additionally, frequencies in the 156-162 MHz and 216-220 MHz bands available for assignment to public coast stations for radiotelephone communications that are contained in subpart H of this part are also available for facsimile and data communications. ( 2 ) Equipment used for facsimile and data operations is subject to the applicable provisions of subpart E of this part . ( 3 ) The use of voice on frequencies authorized for facsimile operations in the bands 2000-27500 kHz listed in subpart H of this part is limited to setup and confirmation of receipt of facsimile transmissions. [ 57 FR 43407 , Sept. 21, 1992, as amended at 67 FR 48564 , July 25, 2002] § 80.123 Service to stations on land. Marine VHF public coast stations, including AMTS coast stations, may provide service to stations on land in accordance with the following: ( a ) The public coast station licensee must provide each associated land station with a letter, which shall be presented to authorized FCC representatives upon request, acknowledging that the land station may operate under the authority of the associated public coast station's license: ( b ) Each public coast station serving stations on land must afford priority to marine-originating communications through any appropriate electrical or mechanical means. ( c ) Land station identification shall consist of the associated public coast station's call sign, followed by a unique numeric or alphabetic unit identifier; ( d ) Radio equipment used on land must be certified for use under part 22 , part 80 , or part 90 of this chapter . Such equipment must operate only on the public correspondence channels authorized for use by the associated public coast station; ( e ) Transmitter power shall be in accordance with the limits set in § 80.215 for ship stations and antenna height shall be limited to 6.1 meters (20 feet) above ground level; ( f ) Land stations may only communicate with public coast stations and must remain within radio range of associated public coast stations; and, ( g ) The land station must cease operation immediately upon written notice by the Commission to the associated public coast station that the land station is causing harmful interference to marine communications. [ 62 FR 40304 , July 28, 1997, as amended at 72 FR 31194 , June 6, 2007; 73 FR 4480 , Jan. 25, 2008] Special Procedures—Private Coast Stations § 80.131 Radioprinter operations. Radioprinter operations provide a relatively low cost system of record communications between authorized coast and ship stations in accordance with the following paragraphs. ( a ) Supplementary eligibility requirement. A radioprinter authorization for a private coast station may be issued to the owner or operator of a ship of less than 1600 gross tons, a community of ships all of which are less than 1600 gross tons, or an association whose members operate ships of less than 1600 gross tons. ( b ) Scope of communications. Only those communications which concern the business and operational needs of vessels are authorized. ( c ) Assignment and use of frequencies. ( 1 ) Frequencies may be assigned to private coast stations for radioprinter use from the appropriate bands listed in subpart H of this part . ( 2 ) Frequencies in the listed bands are shared with other radio services including the maritime mobile service. Each assigned frequency is available on a shared use basis only, not for the exclusive use of any one station or licensee. ( d ) Coast station responsibilities. ( 1 ) Private coast stations must propose frequencies and provide the names of ships to be served with the application. ( 2 ) Private coast station licensees must provide copies of their license to all ships with which they are authorized to conduct radioprinter operations. § 80.133 Private coast stations using facsimile in Alaska. Facsimile techniques may be implemented in accordance with the following paragraphs. ( a ) Private coast stations in Alaska are eligible to use facsimile techniques with associated ship stations and other private coast stations in accordance with § 80.505(b) . ( b ) The frequency 156.425 MHz is assigned by rule to private coast stations in Alaska for facsimile transmissions. ( c ) Equipment used for facsimile operations is subject to the applicable provisions of subpart E of this part . [ 62 FR 40305 , July 28, 1997] Special Procedures—Ship Stations § 80.141 General provisions for ship stations. ( a ) Points of communication. Ship stations and marine utility stations on board ships are authorized to communicate with any station in the maritime mobile service. ( b ) Service requirements for all ship stations. ( 1 ) Each ship station must receive and acknowledge all communications which are addressed to the ship or to any person on board. ( 2 ) Every ship, on meeting with any direct danger to the navigation of other ships such as ice, a derelict vessel, a tropical storm, subfreezing air temperatures associated with gale force winds causing severe icing on superstructures, or winds of force 10 or above on the Beaufort scale for which no storm warning has been received, must transmit related information to ships in the vicinity and to the authorities on land unless such action has already been taken by another station. All such radio messages must be preceded by the safety signal. ( 3 ) A ship station may accept communications for retransmission to any other station in the maritime mobile service. Whenever such messages or communications have been received and acknowledged by a ship station for this purpose, that station must retransmit the message as soon as possible. ( c ) Service requirements for vessels. Each ship station provided for compliance with Part II of Title III of the Communications Act must provide a public correspondence service on voyages of more than 24 hours for any person who requests the service. Compulsory radiotelephone ships must provide this service for at least four hours daily. The hours must be prominently posted at the principal operating location of the station. ( d ) Operating conditions. Effective August 1, 1994, VHF hand-held, portable transmitters used while connected to an external power source or a ship antenna must be equipped with an automatic timing device that deactivates the transmitter and reverts the transmitter to the receive mode after an uninterrupted transmission period of five minutes, plus or minus 10 percent. Additionally, such transmitters must have a device that indicates when the automatic timer has deactivated the transmitter. See also § 80.203(c) . [ 51 FR 31213 , Sept. 2, 1986, as amended at 56 FR 57988 , Nov. 15, 1991; 68 FR 46961 , Aug. 7, 2003] § 80.142 Ships using radiotelegraphy. ( a ) Calling by narrow-band direct-printing. ( 1 ) NB-DP ship stations must call United States public coast stations on frequencies designated for NB-DP operation. ( 2 ) Where it is known that the coast station maintains a watch on working frequencies for ship station NB-DP calls the ship station must make its initial NB-DP call on those frequencies. ( 3 ) Calls to a coast station or other ship station must employ the following format: Coast station identification number, repeated twice; “DE”, sent once; and ship station selective call number, repeated twice. When the coast station does not reply to a call sent three times at intervals of two minutes, the calling must cease for fifteen minutes. ( b ) NB-DP operating procedure. The operation of NB-DP equipment in the maritime mobile service must be in accordance with the operating procedures contained in ITU-R M.492-6 (incorporated by reference, see § 80.7 ). ( c ) Required channels for radiotelegraphy. ( 1 ) Each ship station using telegraphy on frequencies within the band 405-525 kHz must be capable of: ( i ) Transmit on at least two working frequencies and receive on all other frequencies necessary for their service using authorized emissions, and ( ii ) When a radiotelegraph installation is compulsory, a fourth frequency within this band which is authorized specifically for direction finding must also be provided. ( 2 ) Each ship station using telegraphy on frequencies within the band 90-160 kHz must be capable of transmitting and receiving Class A1A emission on the frequency 143 kHz, and on at least two additional working frequencies within this band except that portion between 140 kHz and 146 kHz. ( 3 ) Each ship station using telegraphy and operating in the bands between 4000-27500 kHz must be capable of transmitting and receiving Class A1A or J2A emission on at least one frequency authorized for calling and at least two frequencies authorized for working in each of the bands for which facilities are provided to carry on its service. ( 4 ) Each ship station using telegraphy in Region 2 on frequencies within the band 2065-2107 kHz must be capable of transmitting and receiving Class A1A or J2A emission on at least one frequency in this band authorized for working in addition to a frequency in this hand authorized for calling. [ 51 FR 31213 , Sept. 2, 1986, as amended at 54 FR 49993 , Dec. 4, 1989; 68 FR 46961 , Aug. 7, 2003; 69 FR 64672 , Nov. 8, 2004; 76 FR 67610 , Nov. 2, 2011] § 80.143 Required frequencies for radiotelephony. ( a ) Except for compulsory vessels, each ship radiotelephone station licensed to operate in the band 1605-3500 kHz must be able to receive and transmit J3E emission on the frequency 2182 kHz. Ship stations are additionally authorized to receive and transmit H3E emission for communications with foreign coast stations and with vessels of foreign registry. If the station is used for other than safety communications, it must be capable also of receiving and transmitting the J3E emission on at least two other frequencies in that band. However, ship stations which operate exclusively on the Mississippi River and its connecting waterways, and on high frequency bands above 3500 kHz, need be equipped with 2182 kHz and one other frequency within the band 1605-3500 kHz. ( b ) Except as provided in paragraph (c) of this section, at least one VHF radiotelephone transmitter/receiver must be able to transmit and receive on the following frequencies: ( 1 ) The distress, safety and calling frequency 156.800 MHz; ( 2 ) The primary intership safety frequency 156.300 MHz; ( 3 ) One or more working frequencies; and ( 4 ) All other frequencies necessary for its service. ( c ) Where a ship ordinarily has no requirement for VHF communications, handheld VHF equipment may be used solely to comply with the bridge-to-bridge navigational communication requirements contained in subpart U of this part . [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 35244 , Sept. 18, 1987; 68 FR 46961 , Aug. 7, 2003] § 80.145 [Reserved] Shipboard General Purpose Watches § 80.146 [Reserved] § 80.147 Watch on 2182 kHz. Ship stations must maintain a watch on 2182 kHz as prescribed by § 80.304 . [ 68 FR 46962 , Aug. 7, 2003] § 80.148 Watch on 156.8 MHz (Channel 16). Each compulsory vessel, while underway, must maintain a watch for radiotelephone distress calls on 156.800 MHz whenever such station is not being used for exchanging communications. For GMDSS ships, 156.525 MHz is the calling frequency for distress, safety, and general communications using digital selective calling and the watch on 156.800 MHz is provided so that ships not fitted with DSC will be able to call GMDSS ships, thus providing a link between GMDSS and non-GMDSS compliant ships. The watch on 156.800 MHz is not required: ( a ) Where a ship station is operating only with handheld bridge-to-bridge VHF radio equipment under § 80.143(c) of this part ; or ( b ) For vessels subject to the Bridge-to-Bridge Act and participating in a Vessel Traffic Service (VTS) system when the watch is maintained on both the bridge-to-bridge frequency and a separately assigned VTS frequency. [ 51 FR 31213 , Sept. 2, 1986, as amended at 58 FR 16504 , Mar. 29, 1993; 68 FR 46962 , Aug. 7, 2003; 73 FR 4480 , Jan. 25, 2008; 76 FR 67611 , Nov. 2, 2011] Violations § 80.149 Answer to notice of violation. ( a ) Any person receiving official notice of violation of the terms of the Communications Act, any legislative act, executive order, treaty to which the United States is a party, terms of a station or operator license, or the rules and regulations of the Federal Communications Commission must within 10 days from such receipt, send a written answer, in duplicate, to the office of the Commission originating the official notice. If an answer cannot be sent or an acknowledgment made within such 10-day period by reason of illness or other unavoidable circumstances, acknowledgment and answer must be made at the earliest practicable date with a satisfactory explanation of the delay. The answer to each notice must be complete in itself and must not be abbreviated by references to other communications or answers to other notices. The answer must contain a full explanation of the incident involved and must set forth the action taken to prevent a continuation or recurrence. If the notice relates to lack of attention to or improper operation of the station or to log or watch discrepancies, the answer must give the name and license number of the licensed operator on duty. ( b ) When an official notice of violation, impending violation, or discrepancy, pertaining to any provision of Part II of Title III of the Communications Act or the radio provisions of the Safety Convention, is served upon the master or person responsible for a vessel and any instructions appearing on such document issued by a representative of the Commission are at variance with the content of paragraph (a) of this section, the instructions issued by the Commission's representative supersede those set forth in paragraph (a) of this section. Subpart D—Operator Requirements § 80.151 Classification of operator licenses and endorsements. ( a ) Commercial radio operator licenses issued by the Commission are classified in accordance with the Radio Regulations of the International Telecommunication Union. ( b ) The following licenses are issued by the Commission. The international classification of each license, if different from the license name, is given in parentheses. The listed alphanumeric designators are the codes by which the licenses are identified in the Commission's Universal Licensing System. ( 1 ) RR. Restricted Radiotelephone Operator Permit (radiotelephone operator's restricted certificate). ( 2 ) RL. Restricted Radiotelephone Operator Permit-Limited Use. ( 3 ) MP. Marine Radio Operator Permit (radiotelephone operator's restricted certificate). ( 4 ) PG. General Radiotelephone Operator License (radiotelephone operator's general certificate). ( 5 ) DO. GMDSS Radio Operator's License (General Operator's Certificate). ( 6 ) RG. Restricted GMDSS Radio Operator's License (Restricted Operator's Certificate). ( 7 ) DM. GMDSS Radio Maintainer's License. ( 8 ) DB. GMDSS Radio Operator/Maintainer License. ( 9 ) T3. Third Class Radiotelegraph Operator's Certificate (radiotelegraph operator's special certificate). ( 9 ) T-3. Third Class Radiotelegraph Operator's Certificate (radiotelegraph operator's special certificate). Beginning May 20, 2013, no applications for new Third Class Radiotelegraph Operator's Certificates will be accepted for filing. ( 10 ) T-2. Second Class Radiotelegraph Operator's Certificate. Beginning May 20, 2013, no applications for new Second Class Radiotelegraph Operator's Certificates will be accepted for filing. ( 11 ) T-1. First Class Radiotelegraph Operator's Certificate. Beginning May 20, 2013, no applications for new First Class Radiotelegraph Operator's Certificates will be accepted for filing. ( 12 ) T. Radiotelegraph Operator License. ( c ) The following license endorsements are affixed by the Commission to provide special authorizations or restrictions. Applicable licenses are given in parentheses. ( 1 ) Ship Radar endorsement (First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, Radiotelegraph Operator License, General Radiotelephone Operator License). ( 2 ) Six Months Service endorsement (First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, Radiotelegraph Operator License). ( 3 ) Restrictive endorsements; relating to physical disabilities, English language or literacy waivers, or other matters (all licenses). [ 51 FR 31213 , Sept. 2, 1986, as amended at 68 FR 46962 , Aug. 7, 2003; 76 FR 67611 , Nov. 2, 2011; 78 FR 23155 , Apr. 18, 2013] Coast Station Operator Requirements § 80.153 Coast station operator requirements. ( a ) Except as provided in § 80.179 , operation of a coast station transmitter must be performed by a person who is on duty at the control point of the station. The operator is responsible for the proper operation of the station. ( b ) An operational fixed station associated with a coast station may be operated by the operator of the associated coast station. [ 51 FR 31213 , Sept. 2, 1986, as amended at 54 FR 10008 , Mar. 9, 1989; 54 FR 40058 , Sept. 29, 1989; 62 FR 40305 , July 28, 1997; 67 FR 48564 , July 25, 2002] Ship Station Operator Requirements § 80.155 Ship station operator requirements. Except as provided in §§ 80.177 and 80.179 , operation of transmitters of any ship station must be performed by a person holding a commercial radio operator license or permit of the class required below. The operator is responsible for the proper operation of the station. [ 54 FR 10008 , Mar. 9, 1989] § 80.156 Control by operator. The operator on board ships required to have a holder of a commercial operator license or permit on board may, if authorized by the station licensee or master, permit an unlicensed person to modulate the transmitting apparatus for all modes of communication except Morse code radiotelegraphy. [ 51 FR 34984 , Oct. 1, 1986] § 80.157 Radio officer defined. A radio officer means a person holding a First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, or Radiotelegraph Operator License issued by the Commission, who is employed to operate a ship radio station in compliance with Part II of Title III of the Communications Act. Such a person is also required to be licensed as a radio officer by the U.S. Coast Guard when employed to operate a ship radiotelegraph station. [ 81 FR 90746 , Dec. 15, 2016] § 80.159 Operator requirements of Title III of the Communications Act and the Safety Convention. ( a ) Each telegraphy passenger ship equipped with a radiotelegraph station in accordance with Part II of Title III of the Communications Act must carry two radio officers holding a First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, or Radiotelegraph Operator License. ( b ) Each cargo ship equipped with a radiotelegraph station in accordance with Part II of Title III of the Communications Act and which has a radiotelegraph auto alarm must carry a radio officer holding a First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, or Radiotelegraph Operator License who has had at least six months service as a radio officer on board U.S. ships. If the radiotelegraph station does not have an auto alarm, a second radio officer who holds a First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, or Radiotelegraph Operator License must be carried. ( c ) Each cargo ship equipped with a radiotelephone station in accordance with Part II of Title III of the Communications Act must carry a radio operator who meets the following requirements: ( 1 ) Where the station power does not exceed 1500 watts peak envelope power, the operator must hold a marine radio operator permit or higher class license. ( 2 ) Where the station power exceeds 1500 watts peak envelope power, the operator must hold a general radiotelephone radio operator license or higher class license. ( d ) Each passenger ship equipped with a GMDSS installation in accordance with subpart W of this part shall carry at least two persons holding an appropriate GMDSS Radio Operator License or, if the passenger ship operates exclusively within twenty nautical miles of shore, at least two persons holding either a GMDSS Radio Operator License or a Restricted GMDSS Radio Operator License, as specified in § 13.7 of this chapter . ( e ) Each ship transporting more than six passengers for hire equipped with a radiotelephone station in accordance with Part III of Title III of the Communications Act must carry a radio operator who meets the following requirements: ( 1 ) Where the station power does not exceed 250 watts carrier power or 1500 watts peak envelope power, the radio operator must hold a marine radio operator permit or higher class license. ( 2 ) Where the station power exceeds 250 watts carrier power or 1500 watts peak envelope power, the radio operator must hold a general radiotelephone operator license or higher class license. [ 51 FR 31213 , Sept. 2, 1986, as amended at 54 FR 40058 , Sept. 29, 1989; 68 FR 46962 , Aug. 7, 2003; 78 FR 23155 , Apr. 18, 2013; 81 FR 90746 , Dec. 15, 2016] § 80.161 Operator requirements for subpart T vessels on the Great Lakes. Each ship subject to subpart T of this part must have on board an officer or member of the crew who holds a marine radio operator permit or higher class license. [ 88 FR 77220 , Nov. 9, 2023] § 80.163 Operator requirements of the Bridge-to-Bridge Act. Each ship subject to the Bridge-to-Bridge Act must have on board a radio operator who holds a restricted radiotelephone operator permit or higher class license. § 80.165 Operator requirements for voluntary stations. Minimum Operator License Ship Morse telegraph T. Ship direct-printing telegraph MP. Ship telephone, with or without DSC, more than 250 watts carrier power or 1,000 watts peak envelope power PG. Ship telephone, with or without DSC, not more than 250 watts carrier power or 1,000 watts peak envelope power MP. Ship telephone, with or without DSC, not more than 100 watts carrier power or 400 watts peak envelope power Above 30 MHz None. 1 Below 30 MHz RP. Ship earth station RP. 1 RP required for compulsory ships and international voyages. [ 76 FR 67611 , Nov. 2, 2011, as amended at 78 FR 23155 , Apr. 18, 2013] General Operator Requirements § 80.167 Limitations on operators. The operator of maritime radio equipment other than T-1, T-2, T, or G licensees must not: ( a ) Make equipment adjustments which may affect transmitter operation; ( b ) Operate any transmitter which requires more than the use of simple external switches or manual frequency selection or transmitters whose frequency stability is not maintained by the transmitter itself. [ 51 FR 31213 , Sept. 2, 1986, as amended at 78 FR 23155 , Apr. 18, 2013 § 80.169 Operators required to adjust transmitters or radar. ( a ) All adjustments of radio transmitters in any radiotelephone station or coincident with the installation, servicing, or maintenance of such equipment which may affect the proper operation of the station, must be performed by or under the immediate supervision and responsibility of a person holding a First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, Radiotelegraph Operator License, or General Radiotelephone Operator License. ( b ) Only persons holding a First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, or Radiotelegraph Operator License must perform such functions at radiotelegraph stations transmitting Morse code. ( c ) Only persons holding an operator certificate containing a ship radar endorsement must perform such functions on radar equipment. [ 51 FR 31213 , Sept. 2, 1986, as amended at 54 FR 40058 , Sept. 29, 1989; 78 FR 23155 , Apr. 18, 2013] § 80.175 Availability of operator licenses. All operator licenses required by this subpart must be readily available for inspection. § 80.177 When operator license is not required. ( a ) No radio operator authorization is required to operate: ( 1 ) A shore radar, a shore radiolocation, maritime support or shore radionavigation station; ( 2 ) A survival craft station or an emergency position indicating radio beacon; ( 3 ) A ship radar station if: ( i ) The radar frequency is determined by a nontunable, pulse type magnetron or other fixed tuned device, and ( ii ) The radar is capable of being operated exclusively by external controls; ( 4 ) An on board station; or ( 5 ) A ship station operating in the VHF band on board a ship voluntarily equipped with radio and sailing on a domestic voyage. ( b ) No radio operator license is required to install a VHF transmitter in a ship station if the installation is made by, or under the supervision of, the licensee of the ship station and if modifications to the transmitter other than front panel controls are not made. ( c ) No operator license is required to operate coast telephone stations or marine utility stations. ( d ) No radio operator license is required to install a radar station on a voluntarily equipped ship when a manual is included with the equipment that provides step-by-step instructions for the installation, calibration, and operation of the radar. The installation must be made by, or under the supervision of, the licensee of that ship station and no modifications or adjustments other than to the front panel controls are to be made to the equipment. [ 51 FR 31213 , Sept. 2, 1986, as amended at 53 FR 41434 , Oct. 28, 1987; 62 FR 40305 , July 28, 1997] § 80.179 Unattended operation. The following unattended transmitter operations are authorized: ( a ) EPIRB operations when emergency conditions preclude attendance of the EPIRB transmitter by a person. ( b ) Automatic use of a transmitter during narrow-band direct-printing (NB-DP) operations in accordance with § 80.219 . ( c ) Automatic use of a transmitter during selective calling operations in accordance with § 80.225 . ( d ) Automatic use of a transmitter when operating as part of the Automated Maritime Telecommunications System (AMTS), an automated multi-station system for which provisions are contained in this part, or an automated public coast station. ( e ) Automatic use of a VHF transmitter to send brief digital communications relating to the condition or safety of vessels while moored when all of the following conditions are met: ( 1 ) The equipment must be using DSC in accordance with ITU-R M.493-13 and ITU-R M.541-9 (both incorporated by reference, see § 80.7 ), as modified by this section. ( 2 ) Sensors must automatically activate the transmitter only under one or more of the following conditions: ( i ) Fire, explosion; ( ii ) Flooding; ( iii ) Collision; ( iv ) Grounding; ( v ) Listing, in danger of capsizing; ( vi ) Sinking; ( vii ) Disabled and adrift; and ( viii ) Undesignated condition related to ship safety. ( 3 ) The “ROUTINE” DSC category must be used. ( 4 ) Communications must be selectively addressed to an individual station. ( 5 ) Transmitter output power must not exceed one watt. ( 6 ) The call must employ a fixed format and must be in conformity with Recommendation 493 as follows: Format specifier: Individual call—symbol 120 sent twice. Address: 9 digit maritime mobile service identity of called station. Category: Routine—symbol 100. Self-identification: 9 digit ship station identity. Message 1: Telecommand symbol 126 sent twice. Message 2: Telecommand symbol 126 sent 6 times. End of sequence: Symbol 127. Error-check character: Check sum. ( 7 ) Such transmissions are permitted only on channel 70 and the transmitter must be inhibited automatically whenever there is another call in progress on Channel 70. ( 8 ) The call sequence for any one alarm must not be repeated until after an interval of at least five seconds. Further repetition is permitted only after intervals of at least fifteen minutes each. Repetitions following fifteen-minute waiting intervals must not exceed three. [ 54 FR 10008 , Mar. 9, 1989, as amended at 62 FR 40305 , July 28, 1997; 68 FR 46962 , Aug. 7, 2003; 73 FR 4481 , Jan. 25, 2008; 76 FR 67611 , Nov. 2, 2011] Subpart E—General Technical Standards § 80.201 Scope. This subpart gives the general technical requirements for the use of frequencies and equipment in the maritime services. These requirements include standards for equipment authorization, frequency tolerance, modulation, emission, power and bandwidth. § 80.203 Authorization of transmitters for licensing. ( a ) Each transmitter authorized in a station in the maritime services after September 30, 1986, except as indicated in paragraphs (g) , (h) and (i) of this section, must be certified by the Commission for part 80 operations. The procedures for certification are contained in part 2 of this chapter . Transmitters of a model that have received equipment authorization before October 1, 1986 will be considered acceptable for use in ship or coast stations as appropriate. ( b ) The external controls, of maritime station transmitters capable of operation in the 156-162 MHz band and manufactured in or imported into the United States after August 1, 1990, or sold or installed after August 1, 1991, must provide for selection of only maritime channels for which the maritime station is authorized. Such transmitters must not be capable of being programmed by station operators using external controls to transmit on channels other than those programmed by the manufacturer, service or maintenance personnel. ( 1 ) Any manufacturer procedures and special devices for programming must only be made available to service companies employing licensed service and maintenance personnel that meet the requirements of § 80.169(a) and must not be made available with information normally provided to consumers. ( 2 ) The channels preprogrammed by manufacturers, service and maintenance personnel for selection by the external controls of a maritime station transmitter must be limited to those channels listed in this part and the duplex channels listed in Appendix 18 of the international Radio Regulations. The duplex channels listed in Appendix 18 of the international Radio Regulations must be used only in the specified duplex mode. Simplex operations on Appendix 18 duplex channels that are not in accordance with this part are prohibited. ( 3 ) Except as provided in paragraph (b)(4) of this section, programming of authorized channels must be performed only by a person holding a First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, Radiotelegraph Operator License, or General Radiotelephone Operator License using any of the following procedures: ( i ) Internal adjustments of the transmitter; ( ii ) Use of controls normally inaccessible to the station operator; ( iii ) Use of external devices or equipment modules made available only to service and maintenance personnel through a service company; and ( iv ) Copying of a channel selection program directly from another transmitter (cloning) using devices and procedures made available only to service and maintenance personnel through a service company. ( 4 ) Notwithstanding paragraph (b)(3) of this section, authorized channels may be programmed via computerized remote control by any person, provided that the remote control operation is designed to preclude the programming of channels not authorized to the licensee. ( 5 ) VHF maritime radio station transmitters capable of being programmed by station operators by means of external controls that are installed in a maritime station by August 1, 1991, are authorized for use indefinitely at the same maritime station. ( c ) All VHF ship station transmitters that are either manufactured in or imported into the United States, on or after August 1, 1993, or are initially installed on or after August 1, 1994, must be equipped with an automatic timing device that deactivates the transmitter and reverts the transmitter to the receive mode after an uninterrupted transmission period of five minutes, plus or minus 10 per cent. Additionally, such transmitters must have a device that indicates when the automatic timer has deactivated the transmitter. VHF ship station transmitters initially installed before August 1, 1994, are authorized for use indefinitely at the same maritime station. VHF hand-held, portable transmitters are not required to comply with the requirements in paragraph (c) of this section except when used as described in § 80.141 . ( d ) Except for radar equipment, applicants for certification of radio equipment designed to satisfy Part II of Title III of the Communications Act or the Safety Convention must also submit with their application a working unit of the type for which certification is desired. Manufacturers of radar equipment intended for installation on voluntarily equipped ships by persons without FCC operators license must include with their equipment authorization application a manual that provides step-by-step procedures for the installation, calibration, and operation of the radar stations. ( e ) [Reserved] ( f ) Transmitters certified for single sideband suppressed carrier radiotelephone transmissions may be used for facsimile transmissions without filing for a certification modification provided the transmitters retain certification and comply with the applicable standards in this part. ( g ) Manufacturers of ship earth station transmitters intended for use in the INMARSAT space segment are subject to Supplier's Declaration of Conformity pursuant to the procedures given in subpart J of part 2 of this chapter . Such equipment must be approved in accordance with the technical requirements provided by INMARSAT and must be type approved by INMARSAT for use in the INMARSAT space segment. The ship earth station input/output parameters, the data obtained when the equipment is integrated in system configuration and the pertinent method of test procedures that are used for type approval of the station model which are essential for the compatible operation of that station in the INMARSAT space segment must be disclosed by the manufacturer upon request of the FCC. Witnessing of the type approval tests and the disclosure of the ship earth station equipment design or any other information of a proprietary nature will be at the discretion of the ship earth station manufacturer. Note 1 to paragraph ( g ): The verification procedure has been replaced by Supplier's Declaration of Conformity. Equipment previously authorized under subpart J of part 2 of this chapter may remain in use. See § 2.950 of this chapter . ( h ) In addition to the certification requirements contained in part 2 of this chapter , applicants for certification of 406.0-406.1 MHz radiobeacons must also comply with the certification procedures contained in § 80.1061 of this part . ( i ) Certification is not required for U.S. Government furnished transmitters to fulfill a U.S. Government contract. However, such transmitters must comply with all technical requirements in this part. ( j ) [Reserved] ( k ) Certification of individual radio transmitters requested by station applicants or licensees must also follow the certification procedure in paragraph (a) of this section. However, operation of such transmitters must be limited to the specific units individually identified on the station authorization. ( l ) Ship station transmitters may be certified for emissions not shown in § 80.205 . However, such emissions are not authorized for use in the United States or for communications with U.S. coast stations. ( m ) Ship station MF, HF, and VHF transmitters may employ external or internal devices to send synthesized voice transmissions for distress and safety purposes on any distress and safety frequency authorized for radiotelephony listed in § 80.369 provided the following requirements are met: ( 1 ) The technical characteristics of the distress transmissions must comply with this part. ( 2 ) A transmitter and any internal device capable of transmitting a synthesized voice message must be certified as an integral unit. ( 3 ) The synthesized voice distress transmission must begin with the words “this is a recording” and should be comprised of at least: ( i ) the radiotelephone distress call as described in § 80.315(b) and the ship's position as described in § 80.316(c) ; or ( ii ) the radiotelephone distress message as described in § 80.316(b) . If available, the ship's position should be reported as described in § 80.316(c) . ( 4 ) Such transmission must be initiated manually by an off-switch that is protected from inadvertent activation and must cause the transmitter to switch to an appropriate distress and safety frequency. The radiotelephone distress call and message described in §§ 80.203(m)(3) (i) and (ii) , respectively, may be repeated. However, the entire transmission including repeats must not exceed 45 seconds from beginning to end. Upon ending the transceiver must return to the receive mode and must not be capable of sending the synthesized distress call for at least thirty seconds. Placing the switch to the off position must stop the distress transmission and permit the transmitter to be used to send and receive standard voice communications. ( 5 ) Use of the microphone must cause the synthesized voice distress transmission to cease and allow the immediate use of the transmitter for sending and receiving standard voice communications. ( 6 ) No ship station shall include any device or provision capable of transmitting any tone or signal on a distress frequency for any purpose unless specific provisions exist in this part authorizing such tone or signal. ( n ) Applications for certification of all marine radio transmitters operating in the 2-27.5 MHz band or the 156-162 MHz band received on or after June 17, 1999, must have a DSC capability in accordance with § 80.225 . This requirement does not apply to transmitters used with AMTS or hand-held portable transmitters. ( o ) Existing equipment that does not comply with the rules in this subpart but was properly authorized as compliant with the rules in effect at the time of its authorization, and remains compliant with the rules in effect at the time of its authorization, may continue to be installed until February 1, 2003. ( p ) Applicable July 14, 2017, the Commission no longer accepts applications for certification of non-AIS VHF radios that include channels 75 and 76. [ 51 FR 31213 , Sept. 2, 1986] Editorial Note Editorial Note: For Federal Register citations affecting § 80.203 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 80.205 Bandwidths. ( a ) An emission designator shows the necessary bandwidth for each class of emission of a station except that in ship earth stations it shows the occupied or necessary bandwidth, whichever is greater. The following table gives the class of emission and corresponding emission designator and authorized bandwidth: Class of emission Emission designator Authorized bandwidth (kHz) A1A 160HA1A 0.4 A1B 1 160HA1B 0.4 A1D 12 16K0A1D 20.0 A2A 2K66A2A 2.8 A2B 1 2K66A2B 2.8 A2D 12 16K0A2D 20.0 A3E 6K00A3E 8.0 A3N 2 2K66A3N 2.8 A3X 3 3K20A3X 25.0 F1B 4 280HF1B 0.3 F1B 5 300HF1B 0.5 F1B 6 16KOF1B 20.0 F1C 2K80F1C 3.0 F1D 12 16K0F1D 20.0 F2B 6 16KOF2B 20.0 F2C 7 16KOF2C 20.0 F2D 12 16K0F2D 20.0 F3C 2K80F3C 3.0 F3C 7 16KOF3C 20.0 F3E 8 16KOF3E 20.0 F3N 9 20MOF3N 20,000.0 G1D 12 16K0G1D 20.0 G2D 12 16K0G2D 20.0 G3D 10 16KOG3D 20.0 G3E 8 16KOG3E 20.0 G3N 3 13 16KOG3N 20.0 H2A 1K40H2A 2.8 H2B 1 1K40H2B 2.8 H3E 11 2K80H3E 3.0 H3N 2K66H3N 2.8 J2A 160HJ2A 0.4 J2B 4 280HJ2B 0.3 J2B 5 300HJ2B 0.5 J2B 2K80J2B 3.0 J2C 2K80J2C 3.0 J2D 14 2K80J2D 3.0 J3C 2K80J3C 3.0 J3E 11 2K80J3E 3.0 J3N 160HJ3N 0.4 NON NON 0.4 PON ( 12 ) ( 12 ) R3E 11 2K80R3E 3.0 1 On 500 kHz and 2182 kHz A1B, A2B, H2B and J2B emissions indicate transmission of the auto alarm signals. 2 Applicable only to transmissions in the 405-525 kHz band for direction finding. 3 Applicable only to EPIRB's. 4 Radioprinter transmissions for communications with private coast stations. 5 NB-DP radiotelegraph and data transmissions for communications with public coast stations. 6 Applicable only to radioprinter and data in the 156-162 MHz band and radioprinter in the 216-220 MHz band. 7 Applicable only to facsimile in the 156-162 MHz and 216-220 MHz bands. 8 Applicable only when maximum frequency deviation is 5 kHz. See also paragraph (b) of this section. 9 Applicable only to marine hand-held radar. 10 Applicable only to on-board frequencies for maneuvering or navigation. 11 Transmitters approved prior to December 31, 1969, for emission H3E, J3E and R3E and an authorized bandwidth of 3.5 kHz may continue to be operated. These transmitters will not be authorized in new installations. 12 Applicable to radiolocation and associated telecommand ship stations operating on 154.585 MHz, 159.480 MHz, 160.725 MHz. 160.785 MHz, 454.000 MHz, and 459.000 MHz; emergency position indicating radiobeacons operating in the 406.000-406.1000 MHz frequency bank; and data transmissions in the 156-162 MHz band. 13 [Reserved] 14 The information is contained in multiple very low level subcarriers. ( b ) For land stations the maximum authorized frequency deviation for F3E or G3E emission is as follows: ( 1 ) 5 kHz in the 72.0-73.0 MHz, 75.4-76.0 MHz and 156-162 MHz bands; ( 2 ) 15 kHz for stations which were authorized for operation before December 1, 1961, in the 73.0-74.6 MHz band. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 7418 , Mar. 11, 1987; 53 FR 37308 , Sept. 26, 1988; 56 FR 11516 , Mar. 19, 1991; 57 FR 43407 , Sept. 21, 1992; 58 FR 33344 , June 17, 1993; 59 FR 7714 , Feb. 16, 1994; 62 FR 40305 , July 28, 1997; 63 FR 36606 , July 7, 1998; 68 FR 46962 , Aug. 7, 2003; 76 FR 67611 , Nov. 2, 2011] § 80.207 Classes of emission. ( a ) Authorization to use radiotelephone and radiotelegraph emissions by ship and coast stations includes the use of digital selective calling and selective calling techniques in accordance with § 80.225 . ( b ) In radiotelegraphy communications employing a modulated carrier the carrier must be keyed and modulated by an audio frequency. ( c ) Authorization to use single sideband emission is limited to emitting a carrier; ( 1 ) For full carrier transmitters at a power level between 3 and 6 dB below peak envelope power; ( 2 ) For suppressed carrier transmitters at a power level at least 40 dB below peak envelope power; and ( 3 ) For reduced or variable level carrier: ( i ) In the 1600-4000 kHz band: ( A ) For coast station transmitters 18±2 dB below peak envelope power; ( B ) For ship station transmitters installed before January 2, 1982, 16±2 dB below peak envelope power; and ( C ) For ship station transmitters installed after January 1, 1982, 18±2 dB below peak envelope power. ( ii ) In the 4000-27500 kHz band: ( A ) For coast station transmitters 18±2 dB below peak envelope power; ( B ) For ship station transmitters installed before January 2, 1978, 16±2 dB below peak envelope power; and ( C ) For ship station transmitters installed after January 1, 1978, 18±2 dB below peak envelope power. ( d ) The authorized classes of emission are as follows: Types of stations Classes of emission Ship Stations 1 Radiotelegraphy: 100-160 kHz A1A. 405-525 kHz A1A, J2A. 1615-27500 kHz: Manual 15 16 17 A1A, J2A, J2B, J2D. DSC 6 F1B, J2B. NB-DP 14 16 F1B, J2B, J2D. Facsimile F1C, F3C, J2C, J3C. 156-162 MHz 2 F1B, F2B, F2C, F3C, F1D, F2D. DSC G2B. 216-220 MHz 3 F1B, F2B, F2C, F3C. 1626.5-1646.5 MHz ( 4 ). Radiotelephony: 1615-27500 kHz 16 H3E, J2D, J3E, R3E. 27.5-470 MHz 6 G3D, G3E. 1626.5-1646.5 MHz ( 4 ). Radiodetermination: 285-325 kHz 7 A1A, A2A. 405-525 kHz (Direction Finding) 8 A3N, H3N, J3N, NON. 154-459 MHz: 12 A1D, A2D, F1D, F2D, G1D, G2D. 2.4-9.5 GHz PON. Land Stations 1 Radiotelegraphy: 100-160 kHz A1A. 405-525 kHz A1A, J2A. 1605-2850 kHz: Manual A1A, J2A. Facsimile F1C, F3C, J2C, J3C. Alaska-Fixed A1A, J2A. 4000-27500 kHz: Manual 16 A1A, J2A, J2B, J2D. DSC 18 F1B, J2B. NB-DP 14 18 F1,B J2B, J2D. Facsimile F1C, F3C, J2C, J3C. Alaska-Fixed 17 18 A1A, A2A, F1B, F2B, J2B, J2D. 72-76 MHz A1A, A2A, F1B, F2B. 156-162 MHz 2 20 F1B, F2B, F2C, F3C, F1D, F2D. DSC G2B. 216-220 MHz 3 F1B, F2B, F2C, F3C. Radiotelephony: 1615-27500 kHz 18 19 H3E, J3E, R3E. 72-76 MHz A3E, F3E, G3E. 156-470 MHz G3E. Radiodetermination: 2.4-9.6 GHz PON. Distress, Urgency and Safety 8 9 2182 kHz 10 11 A2B, A3B, H2B, H3E, J2B, J3E. 121.500 MHz A3E, AEX, N0N. 123.100 MHz A3E. 156.750 and 156.800 MHz 13 G3E, G3N. 243.000 MHz A3E, A3X, N0N. 406.0-406.1 MHz G1D. 1 Excludes distress, EPIRBs, survival craft, and automatic link establishment. 2 Frequencies used for public correspondence and in Alaska 156.425 MHz. See §§ 80.371(c) , 80.373(f) and 80.385(b) . Transmitters approved before January 1, 1994, for G3E emissions will be authorized indefinitely for F2C, F3C, F1D and F2D emissions. Transmitters approved on or after January 1, 1994, will be authorized for F2C, F3C, F1D or F2D emissions only if they are approved specifically for each emission designator. 3 Frequencies used in the Automated Maritime Telecommunications System (AMTS). See § 80.385(b) . 4 Types of emission are determined by the INMARSAT Organization. 5 [Reserved] 6 G3D emission must be used only by one-board stations for maneuvering or navigation. 7 Frequencies used for cable repair operations. See § 80.375(b) . 8 For direction finding requirements see § 80.375 . 9 Includes distress emissions used by ship, coast, EPIRBs and survival craft stations. 10 On 2182 kHz A1B, A2B, H2B and J2B emissions indicate transmission of the auto alarm signals. 11 Ships on domestic voyages must use J3E emission only. 12 For frequencies 154.585 MHz, 159.480 MHz, 160.725 MHz, 160.785 MHz, 454.000 MHz and 459.000 MHz, authorized for offshore radiolocation and related telecommand operations. 13 [Reserved] 14 NB-DP operations which are not in accordance with ITU-R Recommendations M.625 or M.476 are permitted to utilize any modulation, so long as emissions are within the limits set forth in § 80.211(f) . 15 J2B is permitted only on 2000-27500 kHz. 16 J2D is permitted only on 2000-27500 kHz, and ship stations employing J2D emissions shall at no time use a peak envelope power in excess of 1.5 kW per channel. 17 J2B and J2D are permitted provided they do not cause harmful interference to A1A. 18 Coast stations employing J2D emissions shall at no time use a peak envelope power in excess of 10 kW per channel. 19 J2D is permitted only on 2000-27500 kHz. 20 If a station uses another type of digital emission, it must comply with the emission mask requirements of § 90.210 of this chapter , except that Automatic Identification System (AIS) transmissions do not have to comply with the emission mask requirements of § 90.210 of this chapter . [ 51 FR 31213 , Sept. 2, 1986] Editorial Note Editorial Note: For Federal Register citations affecting § 80.207 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 80.209 Transmitter frequency tolerances. ( a ) The frequency tolerance requirements applicable to transmitters in the maritime services are shown in the following table. Tolerances are given as parts in 10 6 unless shown in Hz. Frequency bands and categories of stations Tolerances 1 (1) Band 100-525 kHz: (i) Coast stations: For single sideband emissions 20 Hz. For transmitters with narrow-band direct printing and data emissions 10 Hz 2 For transmitters with digital selective calling emissions 10 Hz. For all other emissions 100. (ii) Ship stations: For transmitters with narrow-band direct printing and data emissions 20 Hz. For transmitters with digital selective calling emissions 10 Hz 2 For all other transmitters 10 Hz. (iii) Ship stations for emergency only: For all emissions 20 Hz. (iv) Survival craft stations: For all emissions 20 Hz. (v) Radiodetermination stations: For all emissions 100. (2) Band 1600-4000 kHz: (i) Coast stations and Alaska fixed stations: For single sideband and facsimile 20 Hz. For narrow-band direct printing and data emissions 10 Hz. 2 For transmitters with digital selective calling emissions 10 Hz. 2 For all other emissions 50 Hz. (ii) Ship stations: For transmitters with narrow-band direct printing and data emissions 10 Hz. 2 For transmitters with digital selective calling emissions 10 Hz. 3 For all other transmitters 20 Hz. (iii) Survival craft stations: 20 Hz. (iv) Radiodetermination stations: With power 200W or less 20. With power above 200W 10. (3) Band 4000-27500 kHz: (i) Coast stations and Alaska fixed stations: For single sideband and facsimile emissions 20 Hz. For narrow-band direct printing and data emissions 10 Hz. 2 For digital selective calling emissions 10 Hz. For Morse telegraphy emissions 10. For all other emissions 15 Hz. (ii) Ship stations: For transmitters with narrow-band direct printing and data emissions 10 Hz. 2 For transmitters with digital selective calling emissions 10 Hz. 3 For all other transmitters 20 Hz. (iii) Survival craft stations: 50 Hz. (4) Band 72-76 MHz: (i) Fixed stations: Operating in the 72.0-73.0 and 75.4-76.0 MHz bands 5. Operating in the 73.74.6 MHz band 50. (5) Band 156-162 MHz: (i) Coast stations: For carriers licensed to operate with a carrier power: Below 3 watts 10. 3 to 100 watts 5. 7 (ii) Ship stations 10. 4 (iii) Survival craft stations operating on 121.500 MHz 50. (iv) EPIRBs: Operating on 121.500 and 243.000 MHz 50. Operating on 156.750 and 156.800 MHz. 6 10. (6) Band 216-220 MHz: (i) Coast stations: For all emissions 5. (ii) Ship stations: For all emissions 5. (7) Band 400-466 MHz: (i) EPIRBs operating on 406-406.1 MHz 5. (ii) On-board stations 5. (iii) Radiolocation and telecommand stations. 5. (8) Band 1626.5-1646.5 MHz: (i) Ship earth stations 5. 1 Transmitters authorized prior to January 2, 1990, with frequency tolerances equal to or better than those required after this date will continue to be authorized in the maritime services provided they retain approval and comply with the applicable standards in this part. 2 The frequency tolerance for narrow-band direct printing and data transmitters installed before January 2, 1992, is 15 Hz for coast stations and 20 Hz for ship stations. The frequency tolerance for narrow-band direct printing and data transmitters approved or installed after January 1, 1992, is 10 Hz. 3 [Reserved] 4 For transmitters in the radiolocation and associated telecommand service operating on 154.584 MHz, 159.480 MHz, 160.725 MHz and 160.785 MHz the frequency tolerance is 15 parts in 10 6 . 5 [Reserved] 6 [Reserved] 7 For transmitters operated at private coast stations with antenna heights less than 6 meters (20 feet) above ground and output power of 25 watts or less the frequency tolerance is 10 parts in 10 6 . ( b ) When pulse modulation is used in land and ship radar stations operating in the bands above 2.4 GHz the frequency at which maximum emission occurs must be within the authorized bandwidth and must not be closer than 1.5/T MHz to the upper and lower limits of the authorized bandwidth where “T” is the pulse duration in microseconds. In the band 14.00-14.05 GHz the center frequency must not vary more than 10 MHz from 14.025 GHz. ( c ) For stations in the maritime radiodetermination service, other than ship radar stations, the authorized frequency tolerance will be specified on the license when it is not specified in this part. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 7418 , Mar. 11, 1987; 53 FR 37308 , Sept. 26, 1988; 54 FR 49994 , Dec. 4, 1989; 57 FR 26778 , June 16, 1992; 58 FR 33344 , June 17, 1993; 62 FR 40306 , July 28, 1997; 63 FR 36606 , July 7, 1998; 68 FR 46964 , Aug. 7, 2003; 76 FR 67611 , Nov. 2, 2011] § 80.211 Emission limitations. The emissions must be attenuated according to the following schedule. ( a ) The mean power when using emissions H3E, J3E and R3E: ( 1 ) On any frequency removed from the assigned frequency by more than 50 percent up to and including 150 percent of the authorized bandwidth: at least 25 dB for transmitters installed before February 1, 1992, at least 28 dB for transmitters installed on or after February 1, 1992; ( 2 ) On any frequency removed from the assigned frequency by more than 150 percent up to and including 250 percent of the authorized bandwidth: At least 35 dB; and ( 3 ) On any frequency removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 plus 10log 10 (mean power in watts) dB. ( b ) For transmitters operating in the band 1626.5-1646.5 MHz. In any 4 kHz band the mean power of emissions shall be attenuated below the mean output power of the transmitter as follows: ( 1 ) Where the center frequency is removed from the assigned frequency by more than 50 percent up to and including 100 percent of the authorized bandwidth: At least 25 dB; ( 2 ) Where the center frequency is removed from the assigned frequency by more than 100 percent up to 250 percent of the authorized bandwidth: At least 35 dB; and ( 3 ) On any frequency removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 plus 10log 10 (mean power in watts) dB. ( c ) In any 4 kHz band the peak power of spurious emissions and noise at the input to the transmit antenna must be attenuated below the peak output power of the station as follows: ( 1 ) 125 dB at 1525.0 MHz, increasing linearly to 90 dB at 1612.5 MHz; ( 2 ) 90 dB at 1612.5 MHz increasing linearly to 60 dB at 1624.0 MHz; ( 3 ) 90 dB from 1624.0 MHz to 1650.0 MHz, except at frequencies near the transmitted carrier where the requirements of paragraphs (b)(1) through (3) of this section, apply; ( 4 ) 60 dB at 1650.0 MHz decreasing linearly to 90 dB at 1662.5 MHz; ( 5 ) 90 dB at 1662.5 MHz decreasing linearly to 125 dB at 1752.5 MHz; and ( 6 ) 125 dB outside above range, except for harmonics which must comply with (b)(3) of this section. ( d ) The mean power of emissions from radiotelephone survival craft transmitters, 9 GHz search and rescue transponders, and radiotelegraph survival craft transmitters must be attenuated below the mean output power of the transmitter as follows: ( 1 ) On any frequency removed from the assigned frequency by more than 50 percent, up to and including 100 percent of the authorized bandwidth: at least 25 dB; ( 2 ) On any frequency removed from the assigned frequency by more than 100 percent of the authorized bandwidth: at least 30 dB. ( e ) The mean power of EPIRBs operating on 121.500 MHz, 243.000 MHz and 406.0-406.1 MHz must be as follows: ( 1 ) On any frequency removed from the assigned frequency by more than 50 percent, up to and including 100 percent of the authorized bandwidth: At least 25 dB; ( 2 ) On any frequency removed from the assigned frequency by more than 100 percent: at least 30 dB. ( f ) The mean power when using emissions other than those in paragraphs (a) , (b) , (c) and (d) of this section: ( 1 ) On any frequency removed from the assigned frequency by more than 50 percent up to and including 100 percent of the authorized bandwidth: At least 25 dB; ( 2 ) On any frequency removed from the assigned frequency by more than 100 percent up to and including 250 percent of the authorized bandwidth: At least 35 dB; and ( 3 ) On any frequency removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 plus 10log 10 (mean power in watts) dB. [ 51 FR 31213 , Sept. 2, 1986, as amended at 54 FR 40058 , Sept. 29, 1989; 54 FR 49994 , Dec. 4, 1989; 56 FR 11516 , Mar. 19, 1991; 62 FR 40306 , July 28, 1997; 73 FR 4482 , Jan. 25, 2008; 78 FR 25175 , Apr. 29, 2013] § 80.213 Modulation requirements. ( a ) Transmitters must meet the following modulation requirements: ( 1 ) When double sideband emission is used the peak modulation must be maintained between 75 and 100 percent; ( 2 ) When phase or frequency modulation is used in the 156-162 MHz band the peak modulation must be maintained between 75 and 100 percent. A frequency deviation of ±5 kHz is defined as 100 percent peak modulation; and ( 3 ) In single sideband operation the upper sideband must be transmitted. Single sideband transmitters must automatically limit the peak envelope power to their authorized operating power and meet the requirements in § 80.207(c) . ( b ) Radiotelephone transmitters using A3E, F3E and G3E emission must have a modulation limiter to prevent any modulation over 100 percent. This requirement does not apply to survival craft transmitters, to transmitters that do not require a license or to transmitters whose output power does not exceed 3 watts. ( c ) Coast station transmitters operated in the 72.0-73.0 MHz and 75.4-76.0 MHz bands must be equipped with an audio low-pass filter. The filter must be installed between the modulation limiter and the modulated radio frequency stage. At frequencies between 3 kHz and 15 kHz it must have an attenuation greater than at 1 kHz by at least 40log 10 (f/3) dB where “f” is the frequency in kilohertz. At frequencies above 15 kHz the attenuation must be at least 28 dB greater than at 1 kHz. ( d ) Ship and coast station transmitters operating in the 156-162 MHz and 216-220 bands must be capable of proper operation with a frequency deviation that does not exceed ±5 kHz when using any emission authorized by § 80.207 . ( e ) Coast station transmitters operated in the 156-162 MHz band must be equipped with an audio low-pass filter. The filter must be installed between the modulation limiter and the modulated radio frequency stage. At frequencies between 3 kHz and 20 kHz it must have an attenuation greater than at 1 kHz by at least 60log 10 (f/3) dB where “f” is the audio frequency in kilohertz. At frequencies above 20 kHz the attenuation must be at least 50 dB greater than at 1 kHz. ( f ) Radiodetermination ship stations operating on 154.585 MHz, 159.480 MHz, 160.725 MHz, 160.785 MHz, 454.000 MHz and 459.000 MHz must employ a duty cycle with a maximum transmission period of 60 seconds followed by a minimum quiescent period four times the duration of the transmission period. ( g ) Radar stations operating in the bands above 2.4 GHz may use any type of modulation consistent with the bandwidth requirements in § 80.209(b) . ( h ) Radar transponder coast stations using the 2900-3100 MHz or 9300-9500 MHz band must operate in a variable frequency mode and respond on their operating frequencies with a maximum error equivalent to 100 meters. Additionally, their response must be encoded with a Morse character starting with a dash. The duration of a Morse dot is defined as equal to the width of a space and 1 ⁄ 3 of the width of a Morse dash. The duration of the response code must not exceed 50 microseconds. The sensitivity of the stations must be adjustable so that received signals below −10 dBm at the antenna will not activate the transponder. Antenna polarization must be horizontal when operating in the 9300-9500 MHz band and either horizontal or both horizontal and vertical when operating in the 2900-3100 MHz band. Racons using frequency agile transmitting techniques must include circuitry designed to reduce interference caused by triggering from radar antenna sidelobes. ( i ) Variable frequency ship station transponders operating in the 2900-3100 MHz or 9300-9500 MHz band that are not used for search and rescue purposes must meet the following requirements: ( 1 ) Non-selectable transponders must have the following characteristics: ( i ) They must respond on all their frequencies with a maximum range error equivalent to 100 meters; ( ii ) They must use a Morse encoding of “PS” (dot-dash-dash-dot, dot-dot-dot), meaning “You should not come any closer”. The width of a Morse dot is defined as equal to the width of a space and 1 ⁄ 3 of the width of a Morse dash; ( iii ) When they employ swept frequency techniques they must not transmit on any frequency for more than 10 seconds in any 120 second period; ( iv ) Any range offset of their response must occur during their pause on the fixed frequency; ( v ) The duration of the response code must not exceed 50 microseconds; ( vi ) The sensitivity of the stations must be adjustable so that received signals below −10 dBm at the antenna input will not activate the transponder; ( vii ) Antenna polarization must be horizontal when operating in the 9300-9500 MHz band and either horizontal or both horizontal and vertical when operating in the 2900-3100 MHz band. ( viii ) Transponders using frequency agile techniques must include circuitry designed to reduce interference caused by triggering from radar antenna sidelobes. ( 2 ) Selectable transponders must be authorized under part 5 of the Commission's rules until standards for their use are developed. ( j ) The transmitted signals of search and rescue transponders must cause to appear on a radar display a series of at least 20 equally spaced dots. ( k ) The modulation requirements for EPIRB's are contained in subpart V. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 7418 , Mar. 11, 1987; 52 FR 28825 , Aug. 4, 1987; 54 FR 40058 , Sept. 29, 1989; 57 FR 43407 , Sept. 21, 1992; 65 FR 77824 , Dec. 13, 2000; 68 FR 46965 , Aug. 7, 2003; 69 FR 64673 , Nov. 8, 2004] § 80.215 Transmitter power. ( a ) Transmitter power shown on the radio station authorization is the maximum power the licensee is authorized to use. Power is expressed in the following terms: ( 1 ) For single sideband emission: Peak evelope power; ( 2 ) For G3E emission: Carrier power; ( 3 ) For PON and F3N emission: Mean power; ( 4 ) For all emissions in the 1626.5-1646.5 MHz band: equivalent isotropic radiated power. ( 5 ) For all other emissions: the carrier power multiplied by 1.67. ( b ) Coast station frequencies below 27500 kHz. The maximum power must not exceed the values listed below. ( 1 ) Public coast stations, except Alaska: ( i ) Radiotelegraphy: 100-160 kHz—80kW 405-525 kHz—40kW 2035-2065 kHz—6.6kW 4000-8000 kHz—10kW 8000-9000 kHz—20kW 12000-27500 kHz—30kW ( ii ) Radiotelephony: 2000-4000 kHz—day—800W 2000-4000 kHz—night—400W 4000-27500 kHz—10kW ( 2 ) Private coast stations, except in Alaska: 1kW ( 3 ) Coast stations in Alaska, public and private: 405-525 kHz—265W 1605-12000 kHz—150W ( c ) Coast station frequencies above 27500 kHz. The maximum power must not exceed the values listed below. ( 1 ) Coast stations: 156-162 MHz-50W [ 1 , 2 , 13] 216-220 MHz [ 2 ] [ 1 ] Maximum authorized power at the input terminals of the station antenna. ( 2 ) Marine utility stations: 156-162 MHz—10W ( d ) Ship station frequencies below 27500 kHz. The maximum power must not exceed the values listed below: ( 1 ) Radiotelegraphy: All ships—2kW [ 3 ] ( 2 ) Radiotelephony: ( i ) All ships—Great Lakes and Inland Waters—150W ( ii ) All ships—Open waters; 2000-4000 kHz—150W 2182 kHz—emergency, urgency, or safety ship to shore—400W [ 4 ] [ 4 ] For passenger ships 5000 gross tons and over—1kW. ( iii ) All ships—Open waters; 4000-27500 kHz—1.5kW [ 5 ] . ( 3 ) Digital selective calling: All ships 415-526.5 kHz—400 W All ships 1605-4000 kHz—400 W All ships 4000-27500 kHz—1.5 kW ( e ) Ship stations frequencies above 27500 kHz. The maximum power must not exceed the values listed below. ( 1 ) Ship stations 156-162 MHz—25W [ 6 ] ( 2 ) Ship stations 216-220 MHz—25W [ 7 ] ( 3 ) On board stations 456-468 MHz—4W [ 8 ] ( 4 ) Ship earth stations 1626.5-1646.5 MHz [ 9 ] ( 5 ) Ship radar stations with F3N emission—200 mW ( 6 ) EPIRB—121.500 and 243.00 MHz [ 10 ] ( 7 ) EPIRB—156.750 and 156.800 MHz 10 ( f ) Fixed stations. The maximum power must not exceed the values + listed below. ( 1 ) Maritime support (receiver test): R3E and J3C emission—150W F3E emission—50W ( 2 ) Operational fixed: 72-76 MHz and above 162 MHz [ 11 ] ( 3 ) Alaska—Private fixed: [ 12 ] 10-200 kHz—650W 405-525 kHz—265W 1605-12000 kHz—150W ( 4 ) Alaska—Public fixed: 405-525 kHz—1kW 1605-12000 kHz—1kW ( g ) The carrier power of ship station radiotelephone transmitters, except portable transmitters, operating in the 156-162 MHz band must be at least 8 but not more than 25 watts. Transmitters that use 12 volt lead acid storage batteries as a primary power source must be measured with a primary voltage between 12.2 and 13.7 volts DC. Additionally, unless otherwise indicated, equipment in radiotelephone ship stations operating in the 156-162 MHz band must meet the following requirements: ( 1 ) All transmitters and remote control units must be capable of reducing the carrier power to one watt or less; ( 2 ) Except as indicated in (g)(4) of this section, all transmitters manufactured after January 21, 1987, or in use after January 21, 1997, must automatically reduce the carrier power to one watt or less when the transmitter is tuned to 156.375 MHz or 156.650 MHz, and must be provided with a manual override switch which when held by an operator will permit full carrier power operation on 156.375 MHz and 156.650 MHz; ( 3 ) [Reserved] ( 4 ) Hand-held portable transmitters are not required to comply with the automatic reduction of carrier power in (g)(2) of this section; and ( 5 ) Transmitters dedicated for use on public correspondence duplex channels as additional equipment to a VHF ship station in the Great Lakes which meet all pertinent rules in this part are not required to reduce their carrier power to one watt. ( h ) Coast stations in an AMTS may radiate as follows, subject to the condition that no harmful interference will be caused to television reception except that TV services authorized subsequent to the filing of the AMTS station application will not be protected. ( 1 ) When located more than 169 kilometers (105 miles) from the antenna of a Channel 13 TV station and more than 129 kilometers (80 miles) from the antenna of a channel 10 station, the ERP of coast stations having an antenna height of 61 meters (200 feet) or less above ground must not exceed 1000 watts. ( 2 ) Coast stations located less than 169 kilometers (105 miles) from a channel 13 TV station, or less than 129 kilometers (80 miles) from a channel 10 TV station, or when using a transmitting antenna height above ground greater than 61 meters (200 feet), must submit a plan to limit interference to TV reception, unless the station's predicted interference contour is fully encompassed by the composite interference contour of the system's existing stations, or the station's predicted interference contour extends the system's composite interference contour over water only (disregarding uninhabited islands). The plan must include: ( i ) A description of the interference contour with indentification of the method used to determine this contour; and ( ii ) A statement concerning the number of residences within the interference contour. The interference contour includes only areas inside the TV grade B contour with the latter determined assuming maximum permissible TV antenna height and power for broadcast stations and the actual facility parameters for translators and low power TV stations. See part 73, subpart E of this chapter for further information on TV grade B contour determination. ( 3 ) When located as described in paragraph (h)(2) of this section, the coast station (or stations affecting the same TV Grade B contour) will be authorized if the applicant's plan has limited the interference contour(s) to fewer than 100 residences or if the applicant: ( i ) Shows that the proposed site is the only suitable location (which, at the application stage, requires a showing that the proposed site is especially well-suited to provide the proposed service); ( ii ) Develops a plan to control any interference caused to TV reception within the Grade B contour from its operations; and ( iii ) Agrees to make such adjustments in the TV receivers affected as may be necessary to eliminate interference caused by its operations. ( 4 ) The applicant must eliminate any interference caused by its operation to TV reception within the Grade B contour that might develop within 90 days of the time it is notified in writing by the Commission. If this interference is not removed within the 90-day period, operation of the coast station must be discontinued. The licensee is expected to help resolve all complaints of interference, whether inside or outside the Grade B contour. ( 5 ) The transmitter power, as measured at the input terminals to the station antenna, must be 50 watts or less. ( i ) A ship station must have a transmitter output not exceeding 25 watts and an ERP not exceeding 18 watts. The maximum transmitter output power is permitted to be increased to 50 watts under the following conditions: ( 1 ) Increases exceeding 25 watts are made only by radio command from the controlling coast stations; and ( 2 ) The application for an equipment authorization demonstrates that the transmitter output power is 25 watts or less when external radio commands are not present. ( j ) A ship installation with a transmitter output power exceeding 25 watts under the conditions of paragraph (i) of this section is exempted from the limitation of 18 watts ERP when operating in specific geographical areas identified in a plan for the use of higher power. ( k ) Within the 1626.5-1646.5 MHz band the maximum e.i.r.p by a ship earth station in any direction in the horizontal plane or in the direction of the space station must not exceed + 40 dB relative to one watt in any 4 kHz band in the main beam, except upon a satisfactory showing of need for greater power, in which case a maximum of + 55 dB relative to one watt may be authorized. ( l ) For operational fixed stations using frequencies in the 72-76 MHz band and for other classes of stations operating above 162.025 MHz, the transmitter power must be specified in the station authorization. Frequencies in the 72-76 MHz band are listed in § 80.381 . The operational requirements for 72-76 MHz are contained in subpart L of this part . ( m ) For radiodetermination transmitters using A1D, A2D, F1D, F2D, G1D and G2D emissions on 154.585 MHz, 159.480 MHz, 160.725 MHz, 160.785 MHz, 454.000 MHz and 459.000 MHz the mean output power of the unmodulated carrier must not exceed 25 watts. ( n ) For radiodetermination stations operating above 2400 MHz the output power must be as follows: ( 1 ) For radar stations that use F3N emission the mean output power must not exceed 200 milliwatts; ( 2 ) For search and rescue stations the output power must be at least 400 milliwatts peak e.i.r.p. ( 3 ) For all other transponder stations the output power must not exceed 20 watts peak e.i.r.p. Licensees of non-selectable transponder coast stations operating in the 2920-3100 MHz and 9320-9500 MHz bands must notify in writing the USCG District Commander of any incremental increase of their station's output power above 5 watts peak e.i.r.p. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 7419 , Mar. 11, 1987; 52 FR 35244 , Sept. 18, 1987; 54 FR 40058 , Sept. 29, 1989; 54 FR 49994 , Dec. 4, 1989; 56 FR 3783 , Jan. 31, 1991; 59 FR 35269 , July 11, 1994; 63 FR 36606 , July 7, 1998; 65 FR 77824 , Dec. 13, 2000; 67 FR 48564 , July 25, 2002; 68 FR 46965 , Aug. 7, 2003; 69 FR 64673 , Nov. 8, 2004; 82 FR 27213 , June 14, 2017] Footnotes - 80.215 [ 2 ] See paragraph (h) of this section. [ 3 ] For passenger ships 5000 gross tons and over—8kW. For cable-repair ships operating on radiodetermination frequencies, 15 watts; see § 80.375(b) . [ 5 ] For passenger ships 5,000 gross tons and over 3kW. [ 6 ] Reducible to 1 watt or less, except for transmitters limited to public correspondence channels and used in an automated system. [ 7 ] [Reserved] [ 8 ] Certification based on a carrier power of 4 watts with transmitter connected to a dummy load of matching impedance. The effective radiated power must not exceed 2 watts. [ 9 ] See paragraph (k) of this section. [ 10 ] See subpart V of this part . [ 11 ] See paragraph (l) of this section. [ 12 ] The frequencies 156.375 MHz and 156.650 MHz are primarily intership frequencies. When authorized for coast stations on a secondary basis, the normal output power must not exceed 1 watt and the maximum output power must not exceed 10 watts. § 80.217 Suppression of interference aboard ships. ( a ) A voluntarily equipped ship station receiver must not cause harmful interference to any receiver required by statute or treaty. ( b ) The electromagnetic field from receivers required by statute or treaty must not exceed the following value at a distance over sea water of one nautical mile from the receiver: Frequency of interfering emissions Field intensity in microvolts per meter Below 30 MHz 0.1 30 to 100 MHz .3 100 to 300 MHz 1.0 Over 300 MHz 3.0 or Deliver not more than the following amounts of power, to an artificial antenna having electrical characteristics equivalent to those of the average receiving antenna(s) use on shipboard: Frequency of interfering emissions Power to artificial antenna in microwatts Below 30 MHz 400 30 to 100 MHz 4,000 100 to 300 MHz 40,000 Over 300 MHz 400,000 § 80.219 Special requirements for narrow-band direct-printing (NB-DP) equipment. NB-DP and data transmission equipment installed in ship and coast stations before October 1, 1990, that operates on the frequencies in the 4,000-27,500 kHz bands must be capable of operation in accordance with the technical requirements of either ITU-R M.476-5 or ITU-R M.625-3 (both incorporated by reference, see § 80.7 ), and may be used indefinitely. Equipment installed on or after October 1, 1990, must be capable of operation in accordance with the technical requirements of ITU-R M.625-3, 1995 (incorporated by reference, see § 80.7 ). NB-DP and data transmission equipment are additionally permitted to utilize any modulation, so long as emissions are within the limits set forth in § 80.211(f) and the equipment is also capable of operation in accordance with ITU-R M.625-3 (incorporated by reference, see § 80.7 ). [ 76 FR 67611 , Nov. 2, 2011] § 80.221 Special requirements for automatically generating the radiotelephone alarm signal. ( a ) Each device for automatically generating the radiotelephone alarm signal must be capable of being disabled to permit the immediate transmission of a distress call and message. ( b ) The device must comply with the following requirements: ( 1 ) The frequency tolerance of each tone must be ±1.5 percent; ( 2 ) The duration tolerance of each tone must be ±50 milliseconds; ( 3 ) The interval between successive tones must not exceed 50 milliseconds; and ( 4 ) The amplitude ratio of the tones must be flat within 1.6 dB. ( c ) Devices installed on or after January 1, 1983, must comply with the following requirements: ( 1 ) The frequency tolerance of each tone must be ±1.5 percent; ( 2 ) The duration tolerance of each tone must be ±10 milliseconds; ( 3 ) The interval between successive tones must not exceed 4 milliseconds; ( 4 ) The amplitude ratio of the tones must be flat within 1.6 dB; ( 5 ) The output of the device must be sufficient to modulate the associated transmitter for H2B emission to at least 70 percent, and for J2B emission to within 3 dB of the rated peak envelope power; ( 6 ) Light from the device must not interfere with the safe navigation of the ship; ( 7 ) After activation the device must automatically generate the radiotelephone alarm signal for not less than 30 seconds and not more than 60 seconds unless manually interrupted; ( 8 ) After generating the radiotelephone alarm signal or after manual interruption the device must be immediately ready to repeat the signal; ( 9 ) The transmitter must be automatically switched from the stand-by condition to the transmit condition at the start and return to the stand-by condition at the conclusion of the radiotelephone alarm signal. ( d ) Any device used by a station to automatically generate the radiotelephone alarm signal must be certificated by the Commission. [ 51 FR 31213 , Sept. 2, 1986, as amended at 54 FR 40059 , Sept. 29, 1989; 63 FR 36606 , July 7, 1998] § 80.223 Special requirements for survival craft stations. ( a ) Survival craft stations capable of transmitting on: ( 1 ) 2182 kHz must be able to operate with A3E or H3E and J2B and J3E emissions; ( 2 ) 121.500 MHz must be able to operate with A3E or A3N emission. ( b ) Survival craft stations must be able to receive the frequency and types of emission which the transmitter is capable of using. ( c ) Any EPIRB carried as part of a survival craft must comply with the specific technical and performance requirements for its class contained in subpart V of this chapter. [ 68 FR 46966 , Aug. 7, 2003, as amended at 73 FR 4482 , Jan. 25, 2008] § 80.225 Requirements for selective calling equipment. This section specifies the requirements for voluntary digital selective calling (DSC) equipment and selective calling equipment installed in ship and coast stations, and incorporates by reference ITU-R M.476-5; ITU-R M.493-13; ITU-R M.541-9; ITU-R M.625-3; RTCM Paper 56-95/SC101-STD; and IEC 62238 (all incorporated by reference, see § 80.7 ). ( a ) The requirements for DSC equipment voluntarily installed in coast or ships stations are as follows: ( 1 ) Prior to March 25, 2009, DSC equipment must meet the requirements of the following standards in order to be approved for use: ( i ) RTCM Paper 56-95/SC101-STD and ITU-R M.493-13 (both incorporated by reference, see § 80.7 ) (including only equipment classes A, B, D, and E); or ( ii ) ITU-R M.493-13 and, in the case of Class D DSC equipment only, IEC 62238 (both incorporated by reference, see § 80.7 ). ( 2 ) Beginning March 25, 2009, the Commission will not accept new applications (but will continue to process then-pending applications) for certification of non-portable DSC equipment that does not meet the requirements of ITU-R M.493-13 and, in the case of Class D DSC equipment only, IEC 62238 (both incorporated by reference, see § 80.7 ). ( 3 ) Beginning March 25, 2012, the Commission will not accept new applications (but will continue to process then-pending applications) for certification of handheld, portable DSC equipment that does not meet the requirements of ITU-R M.493-13 and, in the case of Class D DSC equipment only, IEC 62238 (both incorporated by reference, see § 80.7 ). ( 4 ) The manufacture, importation, sale or installation of non-portable DSC equipment that does not comply with either of the standards referenced in paragraph (a)(2) of this section is prohibited beginning March 25, 2011. ( 5 ) The manufacture, importation, or sale of handheld, portable DSC equipment that does not comply with either of the standards referenced in paragraph (a)(3) of this section is prohibited beginning March 25, 2015. ( 6 ) Approved DSC equipment that has been manufactured, sold, and installed in conformity with the requirements of this section may be used indefinitely. ( b ) Manufacturers of Class C DSC equipment to be used on United States vessels must affix a clearly discernible permanent plate or label visible from the operating controls containing the following: Warning. This equipment is designed to generate a digital maritime distress and safety signal to facilitate search and rescue. To be effective as a safety device, this equipment must be used only within communication range of a shore-based VHF marine channel 70 distress and safety watch system. The range of the signal may vary but under normal conditions should be approximately 20 nautical miles. ( c ) Selective calling equipment, other than that designed in accordance with paragraph (a) of this section, is authorized as follows: ( 1 ) Equipment used in conjunction with the Automated Maritime Telecommunications System (AMTS) in the band 216-220 MHz, ( 2 ) Equipment used to perform a selective calling function during narrow-band direct-printing (NB-DP) operations in accordance with ITU-R M.476-5 or ITU-R M.625-3 or ITU-R M.493-13 (all incorporated by reference, see § 80.7 ), and ( 3 ) Equipment functioning under the provisions of § 80.207(a) includes the brief use of radiotelegraphy, including keying only the modulating audio frequency, tone signals, and other signalling devices to establish or maintain communications provided that: ( i ) These signalling techniques are not used on frequencies designated for general purpose digital selective calling (DSC) and distress and safety DSC calling as listed in § 80.359 ; ( ii ) The authorized radiotelephone emission bandwidth is not exceeded; ( iii ) Documentation of selective calling protocols must be available to the general public; and, ( iv ) Harmful interference is not caused to stations operating in accordance with the International Radio Regulations. [ 54 FR 10009 , Mar. 9, 1989, as amended at 62 FR 40306 , July 28, 1997; 68 FR 46966 , Aug. 7, 2003; 73 FR 4482 , Jan. 25, 2008; 76 FR 67611 , Nov. 2, 2011] § 80.227 Special requirements for protection from RF radiation. As part of the information provided with transmitters for ship earth stations, manufacturers of each such unit must include installation and operating instructions to help prevent human exposure to radiofrequency (RF) radiation in excess of the RF exposure guidelines specified in § 1.1307(b) of the Commission's Rules. [ 53 FR 28225 , July 27, 1988] § 80.229 Special requirements for automatic link establishment (ALE). Brief signalling for the purposes of measuring the quality of a radio channel and thereafter establishing communication shall be permitted within the 2 MHz-30 MHz band. Public coast stations providing high seas service are authorized by rule to use such signalling under the following conditions: ( a ) The transmitter power shall not exceed 100 W ERP; ( b ) Transmissions must sweep linearly in frequency at a rate of at least 60 kHz per second, occupying any 3 kHz bandwidth for less than 50 milliseconds; ( c ) The transmitter shall scan the band no more than four times per hour; ( d ) Transmissions within 6 kHz of the following protected frequencies and frequency bands must not exceed 10 µW peak ERP: ( 1 ) Protected frequencies (kHz) 2091.0 4188.0 6312.0 12290.0 16420.0 2174.5 4207.5 8257.0 12392.0 16522.0 2182.0 5000.0 8291.0 12520.0 16695.0 2187.5 5167.5 8357.5 12563.0 16750.0 2500.0 5680.0 8364.0 12577.0 16804.5 3023.0 6215.0 8375.0 15000.0 20000.0 4000.0 6268.0 8414.5 16000.0 25000.0 4177.5 6282.0 10000.0 ( 2 ) Protected bands (kHz) 4125.0-4128.0 8376.25-8386.75 13360.0-13410.0 25500.0-25670.0 ( e ) The instantaneous signal, which refers to the peak power that would be measured with the frequency sweep stopped, along with spurious emissions generated from the sweeping signal, must be attenuated below the peak carrier power (in watts) as follows: ( 1 ) On any frequency more than 5 Hz from the instantaneous carrier frequency, at least 3 dB; ( 2 ) On any frequency more than 250 Hz from the instantaneous carrier frequency, at least 40 dB; and ( 3 ) On any frequency more than 7.5 kHz from the instantaneous carrier frequency, at least 43 + 10log 10 (peak power in watts) db. [ 62 FR 40307 , July 28, 1997] § 80.231 Technical Requirements for Class B Automatic Identification System (AIS) equipment. ( a ) Class B Automatic Identification System (AIS) equipment must meet the technical requirements of IEC 62287-1 (incorporated by reference, see § 80.7 ). ( b ) In addition to the labels or other identifying information required under §§ 2.925 and 2.926 of this chapter , each Class B AIS device shall include a conspicuous label that includes: Instructions on how to accurately enter into the device and confirm static data pertaining to the vessel in which the device is or will be installed; and the following statement: “WARNING: It is a violation of the rules of the Federal Communications Commission to input an MMSI that has not been properly assigned to the end user, or to otherwise input any inaccurate data in this device.” Instructions on how to accurately enter and confirm static data in the device shall also be included in the user's manual for the device. The entry of static data into a Class B AIS device shall be performed by the vendor of the device or by an appropriately qualified person in the business of installing marine communications equipment on board vessels. In no event shall the entry of static data into a Class B AIS device be performed by the user of the device or the licensee of a ship station using the device. Knowingly programming a Class B AIS device with inaccurate static data, or causing a Class B AIS device to be programmed with inaccurate static data, is prohibited. ( c ) Prior to submitting a certification application for a Class B AIS device, the following information must be submitted in duplicate to typeapproval@uscg.mil or the Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Ave. SE., Washington, DC 20593-7509: ( 1 ) The name of the manufacturer or grantee and the model number of the AIS device; and ( 2 ) Copies of the test report and test data obtained from the test facility showing that the device complies with the environmental and operational requirements identified in IEC 62287-1. ( d ) After reviewing the information described in paragraph (c) of this section, the U.S. Coast Guard will issue a letter stating whether the AIS device satisfies all of the requirements specified in IEC 62287-1. ( e ) A certification application for an AIS device must contain a copy of the U.S. Coast Guard letter stating that the device satisfies all of the requirements specified in IEC 62287-1, a copy of the technical test data, and the instruction manual(s). [ 74 FR 5124 , Jan. 29, 2009, as amended at 76 FR 67612 , Nov. 2, 2011; 81 FR 90746 , Dec. 15, 2016] § 80.233 Technical requirements for Automatic Identification System Search and Rescue Transmitters (AIS-SART) equipment. ( a ) Automatic Identification System Search and Rescue Transmitter (AIS-SART) equipment must meet the technical requirements of IEC 61097-14 and IMO Resolution MSC.246(83) (incorporated by reference, see § 80.7(b) ). ( b ) Prior to submitting a certification application for an AIS-SART device, the following information must be submitted in duplicate to the U.S. Coast Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7126, Washington, DC 20593-7126: ( 1 ) The name of the manufacturer or grantee and the model number of the AIS-SART device; and ( 2 ) Copies of the test report and test data obtained from the test facility showing that the device complies with the environmental and operational requirements identified in IEC 61097-14. ( c ) After reviewing the information described in paragraph (b) of this section, the U.S. Coast Guard will issue a letter stating whether the AIS-SART device satisfies all of the requirements specified in IEC 61097-14. ( d ) A certification application for an AIS-SART device must contain a copy of the U.S. Coast Guard letter stating that the device satisfies all of the requirements specified in IEC 61097-14, a copy of the technical test data, and the instruction manual(s). [ 81 FR 90747 , Dec. 15, 2016] Subpart F—Equipment Authorization for Compulsory Ships § 80.251 Scope. ( a ) This subpart gives the general technical requirements for certification of equipment used on compulsory ships. Such equipment includes automatic-alarm-signal keying devices, survival craft radio equipment, radar equipment and Ship Security Alert System (SSAS) equipment. ( b ) The equipment described in this subpart must be certificated. ( c ) The term transmitter means the transmitter unit and all auxiliary equipment necessary to make this unit operate as a main or emergency transmitter in a ship station at sea. Each separate motor-generator, rectifier, or other unit required to convert the ship primary power to the phase, frequency, or voltage necessary to energize the transmitter unit is considered a component of the transmitter. ( d ) Average ship station antenna means an actual antenna installed on board ship having a capacitance of 750 picofarads and an effective resistance of 4 ohms at a frequency of 500 kHz, or an artificial antenna having the same electrical characteristics. [ 51 FR 31213 , Sept. 2, 1986, as amended at 63 FR 36606 , July 7, 1998; 68 FR 46966 , Aug. 7, 2003; 73 FR 4483 , Jan. 25, 2008; 76 FR 67612 , Nov. 2, 2011] § 80.268 Technical requirements for radiotelephone installation. All radiotelephone installations in radiotelegraph equipped vessels must meet the following conditions. ( a ) The radiotelephone transmitter must be capable of transmission of A3E or H3E emission on 2182 kHz and must be capable of transmitting clearly perceptible signals from ship to ship during daytime, under normal conditions over a range of 150 nautical miles when used with an antenna system in accordance with paragraph (c) of this section. The transmitter must: ( 1 ) Have a duty cycle which allows for transmission of the radiotelephone alarm signal described in § 80.221 . ( 2 ) Provide 25 watts carrier power for A3E emission or 60 watts peak power on H3E emission into an artificial antenna consisting of 10 ohms resistance and 200 picofarads capacitance or 50 ohms nominal impedance to demonstrate compliance with the 150 nautical mile range requirement. ( 3 ) Have a visual indication whenever the transmitter is supplying power to the antenna. ( 4 ) Have a two-tone alarm signal generator that meets § 80.221 . ( 5 ) This transmitter may be contained in the same enclosure as the receiver required by paragraph (b) of this section. These transmitters may have the capability to transmit J2D or J3E transmissions. ( b ) ( 1 ) The radiotelephone receiver must receive A3E and H3E emissions when connected to the antenna system specified in paragraph (c) this section and must be preset to 2182 kHz. The receiver must additionally: ( i ) Provide an audio output of 50 milliwatts to a loudspeaker when the RF input is 50 microvolts. The 50 microvolt input signal must be modulated 30 percent at 400 Hertz and provide at least a 6 dB signal-to-noise ratio when measured in the rated audio bandwidth. ( ii ) Be equipped with one or more loudspeakers capable of being used to maintain a watch on 2182 kHz at the principal operating position or in the room from which the vessel is normally steered. ( 2 ) This receiver may be contained in the same enclosure as the transmitter required by paragraph (a) of this section. These receivers may have the capability to receive J2D or J3E transmissions. ( c ) The antenna system must be as nondirectional and efficient as is practicable for the transmission and reception of radio ground waves over seawater. The installation and construction of the required antenna must ensure, insofar as is practicable, proper operation in time of emergency. If the required antenna is suspended between masts or other supports subject to whipping, a safety link must be installed which under heavy stress will reduce breakage of the antenna, the halyards, or any other supporting elements. ( d ) The radiotelephone installation must be provided with a device for permitting changeover from transmission to reception and vice versa without manual switching. ( e ) An artificial antenna must be provided to permit weekly checks, without causing interference, of the automatic device for generating the radiotelephone alarm signal on frequencies other than the radiotelephone distress frequency. ( f ) The radiotelephone installation must be located in the radiotelegraph operating room or in the room from which the ship is normally steered. ( g ) Demonstration of the radiotelephone installation may be required by Commission representatives to show compliance with applicable regulations. ( h ) The radiotelephone installation must be protected from excessive currents and voltages. ( i ) The radiotelephone installation must be maintained in an efficient condition. [ 51 FR 31213 , Sept. 2, 1986. Redesignated and amended at 68 FR 46973 , Aug. 7, 2003; 73 FR 4483 , Jan. 25, 2008] § 80.271 Technical requirements for portable survival craft radiotelephone transceivers. ( a ) Portable survival craft radiotelephone transceivers must comply with the following: ( 1 ) The transceivers must receive and transmit either on 457.525 MHz or on 156.800 MHz; ( 2 ) The receiver must comply with the requirements in part 15, subpart B of this chapter and must have a sensitivity of not more than 2 microvolts; ( 3 ) The effective radiated power of the transmitter must be at least 0.1 watt; ( 4 ) The transceivers must be battery powered and operate for at least four hours with a transmit to receive ratio of 1:9 with no significant adverse effect upon the performance of the device; ( 5 ) The transceivers must have a permanently attached waterproof label with the statement “Complies with the FCC requirements for survival craft two-way radiotelephone equipment”; and ( 6 ) The antenna must be permanently attached to the device or its removal must require the use of a special tool. ( b ) Portable radiotelephone transceivers that are already certificated may be used to satisfy the survival craft radiotelephone requirement until October 1, 1993, provided the device meets the technical requirements in paragraphs (a) (1) through (3) of this section. ( c ) Survival craft radiotelephone equipment installed after October 1, 1988, must be certificated to meet the requirements of this section. ( d ) After October 1, 1993, all portable radiotelephone transceivers that are used to satisfy the survival craft radiotelephone requirement must have been certificated to meet the requirements of this section. ( e ) Portable radiotelephone transceivers which are certified to meet the requirements of this section must be identified by an appropriate note in the Commission's database. [ 51 FR 31213 , Sept. 2, 1986, as amended at 63 FR 36607 , July 7, 1998; 73 FR 4483 , Jan. 25, 2008; 76 FR 67612 , Nov. 2, 2011] § 80.273 Radar standards. ( a ) Radar installations on board ships that are required by the Safety Convention or the U.S. Coast Guard to be equipped with radar must comply with the following standards (all incorporated by reference, see § 80.7 ): ( 1 ) IEC 60945; ( 2 ) IEC 62388; ( 3 ) IMO Resolution A.694(17), as revised by IMO Resolution MSC.149(77); ( 4 ) IMO Resolution MSC.191(79); ( 5 ) IMO Resolution MSC.192(79); and ( 6 ) ITU-R M.1177-3. ( b ) For any ship of 10,000 tons gross tonnage and upwards or that is otherwise required to be equipped with two radar systems, each of the two radar systems must be capable of operating independently and must comply with the specifications, standards and general requirements set forth on paragraph (a) of this section. One of the systems must provide a display with an effective diameter of not less than 320 millimeters (12.6 inches), (16-inch cathode ray tube). The other system must provide a display with an effective diameter of not less than 250 millimeters (9.8 inches), (12-inch cathode ray tube). ( c ) Radar installed before March 25, 2008 must meet and be maintained to comply with the Commission's regulations in effect for the equipment on the date of its installation. [ 73 FR 4483 , Jan. 25, 2008, as amended at 76 FR 67612 , Nov. 2, 2011; 81 FR 90747 , Dec. 15, 2016] § 80.275 Technical Requirements for Class A Automatic Identification System (AIS) equipment. ( a ) Prior to submitting a certification application for a Class A AIS device, the following information must be submitted in duplicate to the Commandant (G-PSE), U.S. Coast Guard, 2100 2nd Street, SW., Washington, DC 20593-0001: ( 1 ) The name of the manufacturer or grantee and the model number of the AIS device; ( 2 ) Copies of the test report and test data obtained from the test facility showing that the device complies with the environmental and operational requirements identified in § 80.1101 . ( b ) After reviewing the information described in paragraph (a) of this section, the U.S. Coast Guard will issue a letter stating whether the AIS device satisfies all of the requirements specified in § 80.1101 . ( c ) A certification application for an AIS device submitted to the Commission must contain a copy of the U.S. Coast Guard letter stating that the device satisfies all of the requirements specified in § 80.1101 , a copy of the technical test data, and the instruction manual(s). [ 69 FR 64673 , Nov. 8, 2004, as amended at 74 FR 5125 , Jan. 29, 2009] § 80.277 Ship Security Alert System (SSAS). ( a ) Vessels equipped with a Ship Security Alert System pursuant to the Safety Convention or 33 CFR 101.310 may utilize: ( 1 ) Equipment that complies with RTCM 11020 (incorporated by reference, § 80.7 ); or ( 2 ) INMARSAT D + equipment; or ( 3 ) Equipment that complies with the technical specifications found in this subpart. ( b ) [Reserved] [ 73 FR 4484 , Jan. 25, 2008, as amended at 76 FR 67612 , Nov. 2, 2011; 81 FR 90747 , Dec. 15, 2016] § 80.288 Direction finding and homing equipment. Each compulsory ship of 1,600 gross tons or over whose keel was laid: ( a ) Prior to May 25, 1980, must be equipped with radio direction finding apparatus in operating condition and approved by the Commission during an inspection. ( b ) On or after May 25, 1980, must be equipped with radio direction finding apparatus having a homing capability in accordance with § 80.824 . [ 51 FR 31213 , Sept. 2, 1986, as amended at 63 FR 29960 , June 1, 1998. Redesignated at 68 FR 46973 , Aug. 7, 2003] § 80.289 Requirements for radio direction finder. ( a ) The radio direction finding apparatus must: ( 1 ) Be capable of receiving signals A1A, A2B and R2B emission, on each frequency within the band 285-515 kHz assigned by the Radio Regulations for distress and direction finding and for maritime radio beacons, and be calibrated to take bearings on such signals from which the true bearing and direction may be determined; and ( 2 ) Possess a sensitivity, sufficient to permit the taking of bearings on a signal having a field strength of 50 microvolts per meter. ( b ) The calibration of the direction finder must be verified by check bearings or by a further calibration whenever any changes are made in the physical or electrical characteristics or the position of any antennas, and whenever any changes are made in the position of any deck structures which might affect the accuracy of the direction finder. In addition, the calibration must be verified by check bearings at yearly intervals. A record of the calibrations, and of the check bearings made of their accuracy and the accuracy of the check bearings must be kept on board the ship for a period of not less than 1 year. [ 51 FR 31213 , Sept. 2, 1986, as amended at 63 FR 29660 , June 1, 1998. Redesignated at 68 FR 46973 , Aug. 7, 2003] § 80.290 Auxiliary receiving antenna. An auxiliary receiving antenna must be provided when necessary to avoid unauthorized interruption or reduced efficiency of the required watch because the normal receiving antenna is not available because a radio direction finder on board the vessel is operated. [ 51 FR 31213 , Sept. 2, 1986. Redesignated at 68 FR 46973 , Aug. 7, 2003] § 80.291 Installation of direction finder. ( a ) The direction finder must be located to minimize interference from noise. ( b ) The direction finder antenna system must be erected so that the determination of bearings will not be hindered by the proximity of other antennas, cranes, wire halyards, or large metal objects. § 80.292 Contingent acceptance of direction finder calibration. When the required calibration can not be made before departure from a harbor or port for a voyage in the open sea, the direction finder may be tentatively approved on condition that the master certifies in writing that the direction finder will be calibrated by a competent technician. [ 63 FR 29660 , June 1, 1998. Redesignated at 68 FR 46973 , Aug. 7, 2003] § 80.293 Check bearings by authorized ship personnel. The requirement for calibration by check bearings is met if: ( a ) The required verification by check bearings are made not more than 90 days prior to the date of the annual detailed inspection of the radiotelegraph station; ( b ) The verification consists of a comparison of simultaneous visual and radio direction finder bearings. At least one comparison bearing must be taken in each quadrant, within plus or minus 20 degrees from the following bearings relative to the ship's heading: 45 degrees; 135 degrees; 225 degrees; 315 degrees; ( c ) The verification shows the visual bearing relative to the ship's heading and the difference between the visual and radio direction finder bearing, and the date each check bearing is taken. [ 51 FR 31213 , Sept. 2, 1986. Redesignated at 68 FR 46973 , Aug. 7, 2003] Subpart G—Safety Watch Requirements and Procedures Coast Station Safety Watches § 80.301 Watch requirements. ( a ) Each public coast station licensed to operate in the band 1605-3500 kHz must monitor such frequency(s) as are used for working or, at the licensee's discretion, maintain a watch on 2182 kHz. ( b ) Except for distress, urgency or safety messages, coast stations must not transmit on 2182 kHz during the silence periods for three minutes twice each hour beginning at x h.00 and x h.30 Coordinated Universal Time (UTC). ( c ) Each public coast station must provide assistance for distress communications when requested by the Coast Guard. [ 51 FR 31213 , Sept. 2, 1986, as amended at 69 FR 64673 , Nov. 8, 2004] § 80.302 Notice of discontinuance, reduction, or impairment of service involving a distress watch. ( a ) When changes occur in the operation of a public coast station which include discontinuance, relocation, reduction or suspension of a watch required to be maintained on 2182 kHz or 156.800 MHz, notification must be made by the licensee to the nearest district office of the U.S. Coast Guard as soon as practicable. The notification must include the estimated or known resumption time of the watch. ( b ) [Reserved] [ 68 FR 46967 , Aug. 7, 2003, as amended at 69 FR 64673 , Nov. 8, 2004] § 80.303 Watch on 156.800 MHz (Channel 16). ( a ) During its hours of operation, each coast station operating in the 156-162 MHz band and serving rivers, bays and inland lakes except the Great Lakes, must maintain a safety watch on the frequency 156.800 MHz except when transmitting on 156.800 MHz. ( b ) A coast station is exempt from compliance with the watch requirement when Federal, State, or Local Government stations maintain a watch on 156.800 MHz over 95% of the coast station's service area. Each licensee exempted by rule must notify the nearest district office of the U.S. Coast Guard at least thirty days prior to discontinuing the watch, or in the case of new stations, at least thirty days prior to commencing service. The Coast Guard may require any coast station to maintain the watch temporarily or permanently. The Coast Guard may also require any coast station to remain capable of either immediately resuming the watch or providing the Coast Guard direct dial-up access to the necessary 156.800 MHz transceiver at no charge so that the Coast Guard can maintain the watch. ( c ) If the government station(s) providing the 156.800 MHz watch over the service area of an exempt station temporarily discontinues that watch, the exempt coast station upon receiving notice of this condition must maintain the watch on 156.800 HMz during the discontinuance. Automated maritime communications systems' compliance with this requirement is limited to the use of existing facilities. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 35245 , Sept. 18, 1987; 63 FR 40063 , July 27, 1998] Ship Station Safety Watches § 80.304 Watch requirement during silence periods. Each ship station operating on telephony on frequencies in the band 1605-3500 kHz must maintain a watch on the frequency 2182 kHz. This watch must be maintained at least twice each hour for 3 minutes commencing at x h.00 and x h.30 Coordinated Universal Time (UTC) using either a loudspeaker or headphone. Except for distress, urgency or safety messages, ship stations must not transmit during the silence periods on 2182 kHz. [ 69 FR 64673 , Nov. 8, 2004] § 80.305 Watch requirements of the Communications Act and the Safety Convention. ( a ) Each ship of the United States which is equipped with a radiotelegraph station for compliance with part II of title III of the Communications Act or chapter IV of the Safety Convention must: ( 1 ) If it is not carrying MF-DSC radio equipment, keep a continuous and efficient watch on the radiotelephone distress frequency 2182 kHz from the principal radio operating position or the room from which the vessel is normally steered while being navigated in the open sea outside a harbor or port. ( 2 ) Keep a continuous and efficient watch on the VHF distress frequency 156.800 MHz from the room from which the vessel is normally steered while in the open sea outside a harbor or port. The watch must be maintained by a designated member of the crew who may perform other duties, relating to the operation or navigation of the vessel, provided such other duties do not interfere with the effectiveness of the watch. Use of a properly adjusted squelch or brief interruptions due to other nearby VHF transmissions are not considered to adversely affect the continuity or efficiency of the required watch on the VHF distress frequency. This watch need not be maintained by vessels subject to the Bridge-to-Bridge Act and participating in a Vessel Traffic Services (VTS) system as required or recommended by the U.S. Coast Guard, when an efficient listening watch is maintained on both the bridge-to-bridge frequency and a separate assigned VTS frequency. ( b ) Each cargo ship of the United States which is equipped with a radiotelephone station for compliance with part II of title III of the Communications Act or chapter IV of the Safety Convention must while being navigated outside of a harbor or port: ( 1 ) If it is not carrying MF-DSC radio equipment, keep a continuous watch on 2182 kHz in the room from which the vessel is normally steered while at sea, whenever such station is not being used for authorized traffic. Such watch must be maintained by at least one officer or crewmember who may perform other duties relating to the operation or navigation of the vessel, provided such other duties do not interfere with the watch. ( 2 ) Keep a continuous watch on 156.800 MHz from the room from which the vessel is normally steered. The watch must be maintained by a crewmember who may perform other duties, relating to the operation or navigation of the vessel, provided such other duties do not interfere with the watch. Use of properly adjusted squelch of brief interruptions due to other nearby VHF transmissions are not considered to adversely affect the watch. This watch need not be maintained by vessels subject to the Bridge-to-Bridge Act and participating in a Vessel Traffic Services (VTS) system when a watch is maintained on both the bridge-to-bridge frequency and a VTS frequency. ( c ) Each vessel of the United States transporting more than six passengers for hire, which is equipped with a radiotelephone station for compliance with 47 U.S.C. 381-386 but which is not carrying MF-DSC radio equipment, must, while being navigated in the open sea or any tidewater within the jurisdiction of the United States adjacent or contiguous to the open sea, keep a continuous watch on 2182 kHz while the vessel is beyond VHF communication range of the nearest VHF coast station, whenever the radiotelephone station is not being used for authorized traffic. A VHF watch must be kept on 156.800 MHz whenever such station is not being used for authorized traffic. The VHF watch must be maintained at the vessel's steering station actually in use by the qualified operator as defined by § 80.157 or by a crewmember who may perform other duties relating to the operation or navigation of the vessel, provided such other duties do not interfere with the watch. The use of a properly adjusted squelch is not considered to adversely affect the watch. The VHF watch need not be maintained by vessels subject to the Bridge-to-Bridge Act and participating in a Vessel Traffic Services (VTS) system when an efficient listening watch is maintained on both the bridge-to-bridge frequency and a VTS frequency. [ 51 FR 31213 , Sept. 2, 1986, as amended at 68 FR 46967 , Aug. 7, 2003; 69 FR 64673 , Nov. 8, 2004; 73 FR 4484 , Jan. 25, 2008; 76 FR 67612 , Nov. 2, 2011] § 80.307 Compulsory use of radiotelegraph auto alarm. The radiotelegraph auto alarm required on a cargo ship subject to the radiotelegraph provisions of part II of title III of the Communications Act or the Safety Convention must be in operation, connected to the main antenna and adjusted for optimum efficiency at all times while the ship is being navigated in the open sea when a radio officer is not listening on the frequency 500 kHz, except under the circumstances as set forth in § 80.306(b) . § 80.308 Watch required for subpart T vessels on the Great Lakes. ( a ) Each ship of the United States that is equipped with a radiotelephone station for compliance with subpart T of this part must when underway keep a watch on: ( 1 ) 156.800 MHz on board a vessel 20 meters (65 feet) and over in length, a vessel engaged in towing (See § 80.951(b) ), or a vessel carrying more than 6 passengers for hire. This watch must be maintained whenever the station is not being used for authorized traffic. However, a watch on 156.800 MHz need not be maintained by a vessel maintaining a watch on the bridge-to-bridge frequency 156.650 MHz and participating in a Vessel Traffic Services (VTS) system and maintaining a watch on the specified VTS frequency. ( 2 ) 156.650 MHz on board a vessel 38 meters (124 feet) and over in length, a vessel engaged in towing (See § 80.951(b) ), or a vessel carrying more than six passengers for hire. This watch must be maintained continuously and effectively. Sequential monitoring is not sufficient. Portable VHF equipment may be used to meet this requirement. Vessels are exempted from this requirement while transiting the St. Lawrence Seaway and complying with the Joint Regulations of the St. Lawrence Seaway Authority and St. Lawrence Seaway Development Corporation between the lower exit of St. Lambert Lock at Montreal and Crossover Island, New York and in the Welland Canal and approaches between Calling in Point No. 15 and No. 16. ( b ) The watch must be maintained by the master, or person designated by the master, who may perform other duties provided they do not interfere with the effectiveness of the watch. [ 53 FR 17052 , May 13, 1988, as amended at 88 FR 77220 , Nov. 9, 2023] § 80.309 Watch required by the Bridge-to-Bridge Act. In addition to the watch requirement contained in § 80.148 , all vessels subject to the Bridge-to-Bridge Act must keep a watch on the designated navigational frequency. The watch must be maintained by the master or person in charge of the vessel or the person designated by the master or person in charge to pilot or direct the movement of the vessel. The person standing watch may perform other duties provided such other duties do not interfere with the watch. [ 51 FR 31213 , Sept. 2, 1986, as amended at 57 FR 61012 , Dec. 23, 1992] § 80.310 Watch required by voluntary vessels. Voluntary vessels not equipped with DSC must maintain a watch on 2182 kHz and on 156.800 MHz (Channel 16) whenever the vessel is underway and the radio is not being used to communicate. Noncommercial vessels, such as recreational boats, may alternatively maintain a watch on 156.450 MHz (Channel 9) in lieu of VHF Channel 16 for call and reply purposes. Voluntary vessels equipped with VHF-DSC equipment must maintain a watch on 2182 kHz and on either 156.525 MHz (Channel 70) or VHF Channel 16 aurally whenever the vessel is underway and the radio is not being used to communicate. Voluntary vessels equipped with MF-HF DSC equipment must have the radio turned on and set to an appropriate DSC distress calling channel or one of the radiotelephone distress channels whenever the vessel is underway and the radio is not being used to communicate. Voluntary vessels equipped with a GMDSS-approved Inmarsat system must have the unit turned on and set to receive calls whenever the vessel is underway and the radio is not being used to communicate. [ 76 FR 67612 , Nov. 2, 2011] Distress, Alarm, Urgency and Safety Procedures § 80.311 Authority for distress transmission. A mobile station in distress may use any means at its disposal to attract attention, make known its position, and obtain help. A distress call and message, however, must be transmitted only on the authority of the master or person responsible for the mobile station. No person shall knowingly transmit, or cause to be transmitted, any false or fraudulent signal of distress or related communication. § 80.312 Priority of distress transmissions. The distress call has absolute priority over all other transmissions. All stations which hear it must immediately cease any transmission capable of interfering with the distress traffic and must continue to listen on the frequency used for the emission of the distress call. This call must not be addressed to a particular station. Acknowledgement of receipt must not be given before the distress message which follows it is sent. § 80.313 Frequencies for use in distress. The frequencies specified in the bands below are for use by mobile stations in distress. The conventional emission is shown. When a ship station cannot transmit on the designated frequency or the conventional emission, it may use any available frequency or emission. Frequencies for distress and safety calling using digital selective calling techniques are listed in § 80.359(b) . Distress and safety NB-DP frequencies are indicated by footnote 2 in § 80.361(b) . Frequency band Emission Carrier frequency 1615-3500 kHz J3E 2182 kHz. 118-136 MHz A3E 121.500 MHz. 156-162 MHz F3E, PON 156.800 MHz 156.750 MHz. 243 MHz A3N 243.000 MHz. The maximum transmitter power obtainable may be used. [ 51 FR 31213 , Sept. 2, 1986; 51 FR 34984 , Oct. 1, 1986; 68 FR 46968 , Aug. 7, 2003; 73 FR 4485 , Jan. 25, 2008] § 80.314 Distress communications. ( a ) The international radiotelephone distress signal consists of the word MAYDAY, pronounced as the French expression “m'aider”. ( b ) These distress signals indicate that a mobile station is threatened by grave and imminent danger and requests immediate assistance. ( c ) The radiotelephone distress call consists of: ( 1 ) The distress signal MAYDAY spoken three times; ( 2 ) The words THIS IS; ( 3 ) The call sign (or name, if no call sign assigned) of the mobile station in distress, spoken three times; ( 4 ) Particulars of the station's position; ( 5 ) The nature of the distress; ( 6 ) The kind of assistance desired; and ( 7 ) Any other information which might facilitate rescue, for example, the length, color, and type of vessel, or number of persons on board. ( d ) The procedures for canceling false distress alerts are contained in § 80.335 . [ 51 FR 31213 , Sept. 2, 1986, as amended at 68 FR 46968 , Aug. 7, 2003; 73 FR 4485 , Jan. 25, 2008] § 80.317 Radiotelegraph and radiotelephone alarm signals. ( a ) The international radiotelegraph alarm signal consists of a series of twelve dashes sent in one minute, the duration of each dash being four seconds and the duration of the interval between consecutive dashes one second. The purpose of this special signal is the actuation of automatic devices giving the alarm to attract the attention of the operator when there is no listening watch on the distress frequency. ( b ) The international radiotelephone alarm signal consists of two substantially sinusoidal audio frequency tones transmitted alternately. One tone must have a frequency of 2200 Hertz and the other a frequency of 1300 Hertz, the duration of each tone being 250 milliseconds. When generated by automatic means, the radiotelephone alarm signal must be transmitted continuously for a period of at least 30 seconds, but not exceeding one minute; when generated by other means, the signal must be transmitted as continuously as practicable over a period of approximately one minute. The purpose of this special signal is to attract the attention of the person on watch or to actuate automatic devices giving the alarm. § 80.318 Use of alarm signals. ( a ) The radiotelegraph or radiotelephone alarm signal, as appropriate, must only be used to announce: ( 1 ) That a distress call or message is about to follow; ( 2 ) The transmission of an urgent cyclone warning. In this case the alarm signal may only be used by coast stations authorized by the Commission to do so; or ( 3 ) The loss of a person or persons overboard. In this case the alarm signal may only be used when the assistance of other ships is required and cannot be satisfactorily obtained by the use of the urgency signal only, but the alarm signal must not be repeated by other stations. The message must be preceded by the urgency signal. ( b ) In cases described in paragraphs (a)(2) and (3) of this section, the transmission of the warning or message by radiotelegraphy must not begin until two minutes after the end of the radiotelegraph alarm signal. § 80.319 Radiotelegraph distress call and message transmission procedure. ( a ) The radiotelegraph distress procedure consists of the following six steps: however, when time is vital, the first and second steps may be omitted. These two steps of the distress procedure may also be omitted in circumstances when transmission of the alarm signal is considered unnecessary: ( 1 ) The radiotelegraph alarm signal; ( 2 ) The distress call and an interval of two minutes; ( 3 ) The distress call; ( 4 ) The distress message; ( 5 ) Two dashes of ten to fifteen seconds each; ( 6 ) The call sign of the mobile station in distress. ( b ) The radiotelegraph distress transmissions must be sent by means of the international Morse code at a speed not exceeding 16 words per minute nor less than 8 words per minute. ( c ) The distress message, preceded by the distress call, must be repeated at intervals until an answer is received. The radiotelegraph alarm signal may also be repeated, if necessary. ( d ) The transmissions under paragraphs (a) (5) and (6) of this section, which are to permit direction finding stations to determine the position of the station in distress, may be repeated at frequent intervals if necessary. ( e ) When the mobile station in distress receives no answer to a distress message transmitted on the distress frequency, the message may be repeated on any other available frequency on which attention might be attracted. [ 51 FR 31213 , Sept. 2, 1986, as amended at 69 FR 64674 , Nov. 8, 2004] § 80.320 Radiotelephone distress call and message transmission procedure. ( a ) The radiotelephone distress procedure consists of: ( 1 ) The radiotelephone alarm signal (whenever possible); ( 2 ) The distress call; ( 3 ) The distress message. ( b ) The DSC distress procedure consists of: ( 1 ) Transmission by a mobile unit in distress; ( 2 ) Reception; ( 3 ) Acknowledgement of distress calls; ( 4 ) Distress relays. ( c ) Radiotelephone distress transmissions must be made slowly and distinctly, each word being clearly pronounced to facilitate transcription. ( d ) After the transmission by radiotelephony of its distress message, the mobile station may be requested to transmit suitable signals followed by its call sign or name, to permit direction-finding stations to determine its position. This request may be repeated at frequent intervals if necessary. ( e ) The distress message, preceded by the distress call, must be repeated at intervals until an answer is received. This repetition must be preceded by the radiotelephone alarm signal whenever possible. ( f ) When the mobile station in distress receives no answer to a distress message transmitted on the distress frequency, the message may be repeated on any other available frequency on which attention might be attracted. [ 51 FR 31213 , Sept. 2, 1986, as amended] § 80.321 Acknowledgement of receipt of distress message. ( a ) Stations of the maritime mobile service which receive a distress message from a mobile station which is beyond any possible doubt in their vicinity must immediately acknowledge receipt. However, in areas where reliable communication with one or more coast stations is practicable, ship stations may defer this acknowledgement for a short interval so that a coast station may acknowledge receipt. ( b ) Stations of the maritime mobile service which receive a distress message from a mobile station which beyond any possible doubt is not in their vicinity, must allow a short interval of time to elapse before acknowledging receipt of the message in order to permit stations nearer to the mobile station in distress to acknowledge receipt without interference. § 80.322 Form of acknowledgement. ( a ) The acknowledgement of receipt of a radiotelegraph distress message is transmitted in the following form: ( 1 ) The distress signal SOS; ( 2 ) The call sign of the station sending the distress message, sent three times; ( 3 ) The word DE; ( 4 ) The call sign of the station acknowledging receipt, sent three times; ( 5 ) The group RRR; ( 6 ) The message signal SOS. ( b ) The acknowledgement of receipt of a radiotelephone distress message is transmitted in the following form: ( 1 ) The distress signal MAYDAY; ( 2 ) The call sign or other identification of the station sending the distress message, spoken three times; ( 3 ) The words THIS IS; ( 4 ) The call sign or other identification of the station acknowledging receipt, spoken three times; ( 5 ) The word RECEIVED; ( 6 ) The distress signal MAYDAY. § 80.323 Information furnished by an acknowledging station. ( a ) Every mobile station which acknowledges receipt of a distress message must on the order of the master or person responsible for the ship, aircraft, or other vehicle carrying such mobile station, transmit as soon as possible the following information in the order shown: ( 1 ) Its identifier; ( 2 ) Its position; ( 3 ) The speed at which it is proceeding towards, and the approximate time it will take to reach the mobile station in distress. ( b ) Before sending this message, the station must ensure that it will not interfere with the emissions of other stations better situated to render immediate assistance to the station in distress. § 80.324 Transmission of distress message by station not itself in distress. ( a ) A mobile station or a land station which learns that a mobile station is in distress must transmit a distress message in any of the following cases: ( 1 ) When the station in distress cannot transmit the distress message. ( 2 ) When the master or person responsible for the ship, aircraft, or other vehicle not in distress, or for the land station, believes that further help is necessary. ( 3 ) When, although not in a position to assist, it has heard a distress message which has not been acknowledged. When a mobile station transmits such a distress message, it must notify the authorities who may be able to assist. ( b ) Transmission must be made on the international distress frequencies or on any other available frequency on which attention might be attracted. ( c ) Transmission of the distress message must always be preceded by the call indicated below, which must itself be preceded whenever possible by the radiotelegraph or radiotelephone alarm signal. This call consists of: ( 1 ) When radiotelegraphy is used: ( i ) The signal DDD SOS SOS SOS DDD: ( ii ) The word DE; ( iii ) The call sign of the transmitting station, sent three times. ( 2 ) When radiotelephony is used: ( i ) The signal MAYDAY RELAY, spoken three times; ( ii ) The words THIS IS; ( iii ) The call sign or other identification of the transmitting station, spoken three times. ( d ) When the radiotelegraph alarm signal is used, an interval of two minutes must be allowed, whenever this is considered necessary, before the transmission of the call mentioned in paragraph (c)(1) of this section. § 80.325 Control of distress traffic. ( a ) Distress traffic consists of all messages relating to the immediate assistance required by the mobile station in distress. In distress traffic, the distress signal must be sent before the call and at the beginning of the preamble of any radiotelegram. ( b ) The control of distress traffic is the responsibility of the mobile station in distress or of the station which has sent the distress message. These stations may delegate the control of the distress traffic to another station. ( c ) The station in distress or the station in control of distress traffic may impose silence either on all stations of the mobile service in the area or on any station which interferes with the distress traffic. It must address these instructions “to all stations” or to one station only, according to circumstances. In either case, it must use one of the following signals which are reserved for use by the mobile station in distress and for the station controlling distress traffic: ( 1 ) In radiotelegraphy, the abbreviation QRT, followed by the distress signal SOS. ( 2 ) In radiotelephony, the signal SEELONCE MAYDAY. ( d ) If essential, any station of the mobile service near the ship, aircraft, or other vehicle in distress may also impose silence. It must use for this purpose: ( 1 ) In radiotelegraphy, the abbreviation QRT, followed by the word DISTRESS and its own call sign; ( 2 ) In radiotelephony, the word SEELONCE, followed by the word DISTRESS and its own call sign or other identification. § 80.326 Notification of resumption of normal working. ( a ) When distress traffic has ceased, or when complete silence is no longer necessary on a frequency which has been used for distress traffic, the station which has controlled this traffic must transmit on that frequency a message addressed “to all stations” indicating that normal working may be resumed. ( 1 ) In radiotelegraphy, this message consists of: ( i ) The distress signal SOS; ( ii ) The call “to all stations” (CQ), sent three times; ( iii ) The word DE; ( iv ) The call sign of the station sending the message; ( v ) The time of handing in the message; ( vi ) The name and call sign of the mobile station which was in distress; ( vii ) The service abbreviation QUM. ( 2 ) In radiotelephony, this message consists of: ( i ) The distress signal MAYDAY; ( ii ) The call “Hello all stations”, spoken three times; ( iii ) The words THIS IS; ( iv ) The call sign or other identification of the station sending the message; ( v ) The time of handing in of the message; ( vi ) The name and call sign of the mobile station which was in distress; ( vii ) The words SEELONCE FEENEE OR PRU-DONCE. ( b ) Until they receive the foregoing message indicating that normal or limited working may be resumed, all stations which are aware of the distress traffic, and which are not taking part in it, are forbidden to transmit on the frequencies on which the distress traffic is taking place. § 80.327 Urgency signals and messages. ( a ) The urgency signal indicates that the calling station has a very urgent message to transmit concerning the safety of a ship, aircraft, or other vehicle, or the safety of a person. The urgency signal must be sent only on the authority of the master or person responsible for the mobile station. ( b ) In radiotelegraphy, the urgency signal consists of three repetitions of the group XXX, sent with the individual letters of each group, and the successive groups clearly separated from each other. It must be transmitted before the call. ( c ) In radiotelephony, the urgency signal consists of three oral repetitions of the group of words PAN PAN transmitted before the call. ( d ) The urgency signal has priority over all other communications except distress. All mobile and land stations which hear it must not interfere with the transmission of the message which follows the urgency signal. ( e ) The urgency signal and call, and the message following it, must be sent on one of the international distress frequencies. Stations which cannot transmit on a distress frequency may use any other available frequency on which attention might be attracted. ( f ) Mobile stations which hear the urgency signal must continue to listen for at least three minutes. At the end of this period, if no urgency message has been heard, they may resume their normal service. However, land and mobile stations which are in communication on frequencies other than those used for the transmission of the urgency signal and of the call which follows it may continue their normal work without interruption provided the urgency message is not addressed “to all stations”. ( g ) When the urgency signal has been sent before transmitting a message “to all stations” which calls for action by the stations receiving the message, the station responsible for its transmission must cancel it as soon as it knows that action is no longer necessary. This message of cancellation must likewise be addressed “to all stations”. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 35245 , Sept. 18, 1987; 73 FR 4485 , Jan. 25, 2008] § 80.329 Safety signals and messages. ( a ) The safety signal indicates that the station is about to transmit a message concerning the safety of navigation or giving important meteorological warnings. ( b ) In radiotelegraphy, the safety signal consists of three repetitions of the group TTT, sent with the individual letters of each group, and the successive groups clearly separated from each other. It must be sent before the call. ( c ) In radiotelephony, the safety signal consists of the word SECURITE, pronounced as in French, spoken three times and transmitted before the call. ( d ) The safety signal and call must be sent on one of the international distress frequencies (2182 kHz or 156.8 MHz radiotelephone). Stations which cannot transmit on a distress frequency may use any other available frequency on which attention might be attracted. ( e ) The safety signal and call must be followed by the safety message. Where practicable, the safety message should be sent on a working frequency, and a suitable announcement to this effect must be made at the end of the call. ( f ) Messages about meteorological warnings, of cyclones, dangerous ice, dangerous wrecks, or any other imminent danger to marine navigation must be preceded by the safety signal. ( g ) Stations hearing the safety signal must not make any transmission likely to interfere with the message. [ 51 FR 31213 , Sept. 2, 1986, as amended at 69 FR 64674 , Nov. 8, 2004; 73 FR 4485 , Jan. 25, 2008] § 80.331 Bridge-to-bridge communication procedure. ( a ) Vessels subject to the Bridge-to-Bridge Act transmitting on the designated navigational frequency must conduct communications in a format similar to those given below: ( 1 ) This is the (name of vessel). My position is (give readily identifiable position, course and speed) about to (describe contemplated action). Out. ( 2 ) Vessel off (give a readily identifiable position). This is (name of vessel) off (give a readily identifiable position). I plan to (give proposed course of action). Over. ( 3 ) (Coast station), this is (vessel's name) off (give readily identifiable position). I plan to (give proposed course of action). Over. ( b ) Vessels acknowledging receipt must answer “(Name of vessel calling). This is (Name of vessel answering). Received your call,” and follow with an indication of their intentions. Communications must terminate when each ship is satisfied that the other no longer poses a threat to its safety and is ended with “Out”. ( c ) Use of power greater than 1 watt in a bridge-to-bridge station shall be limited to the following three situations: ( 1 ) Emergency. ( 2 ) Failure of the vessel being called to respond to a second call at low power. ( 3 ) A broadcast call as in paragraph (a)(1) of this section in a blind situation, e.g., rounding a bend in a river. § 80.332 Equipment to aid search and rescue operations. ( a ) Survival craft stations may transmit distress, urgency and safety signals, calls and messages. ( b ) EPIRB's may transmit only in accordance with the requirements of subparts V and X of this part . § 80.333 Stations in the maritime mobile-satellite service. The provisions of §§ 80.311 and 80.324 apply to the operations of ship earth stations in the maritime mobile-satellite service. § 80.334 False distress alerts. A distress alert is false if it was transmitted without any indication that a mobile unit or person was in distress and required immediate assistance. Transmitting a false distress alert is prohibited and may be subject to the provisions of part 1, subpart A of this chapter if that alert: ( a ) Was transmitted intentionally; ( b ) Was not cancelled in accordance with § 80.335 ; ( c ) Could not be verified as a result of either the ship's failure to keep watch on appropriate frequencies in accordance with § 80.1123 or subpart G of this part , or its failure to respond to calls from the U.S. Coast Guard; ( d ) Was repeated; or ( e ) Was transmitted using a false identity. [ 68 FR 46968 , Aug. 7, 2003] § 80.335 Procedures for canceling false distress alerts. If a distress alert is inadvertently transmitted, the following steps shall be taken to cancel the distress alert. ( a ) VHF Digital Selective Calling. ( 1 ) Reset the equipment immediately; ( 2 ) Immediately cancel the distress alert orally over the telephony distress traffic channel associated with each DSC channel on which the distress alert was transmitted; ( 3 ) Set to Channel 16; and ( 4 ) Transmit a broadcast message to “All stations” giving the ship's name, call sign or registration number, and MMSI, and cancel the false distress alert. ( b ) MF Digital Selective Calling. ( 1 ) Reset the equipment immediately; ( 2 ) Immediately cancel the distress alert orally over the telephony distress traffic channel associated with each DSC channel on which the distress alert was transmitted; and ( 3 ) Tune for radiotelephony transmission on 2182 kHz; and ( 4 ) Transmit a broadcast message to “All stations” giving the ship's name, call sign or registration number, and MMSI, and cancel the false distress alert. ( c ) HF Digital Selective Calling; ( 1 ) Reset the equipment immediately; ( 2 ) Immediately cancel the distress alert orally over the telephony distress traffic channel associated with each DSC channel on which the distress alert was transmitted; ( 3 ) Tune for radiotelephony on the distress and safety frequency in each band in which a false distress alert was transmitted; and ( 4 ) Transmit a broadcast message to “All stations” giving the ship's name, call sign or registration number, and MMSI, and cancel the false distress alert frequency in each band in which a false distress alert was transmitted. ( d ) INMARSAT ship earth station. Immediately notify the appropriate rescue coordination center that the alert is cancelled by sending a distress priority message by way of the same land earth station through which the false distress alert was sent. Provide ship name, call sign or registration number, and INMARSAT identity with the cancelled alert message. ( e ) EPIRB. If for any reason an EPIRB is activated inadvertently, immediately contact the nearest U.S. Coast Guard unit or appropriate rescue coordination center by telephone, radio or ship earth station and cancel the distress alert. ( f ) General and other distress alerting systems. Notwithstanding paragraphs (a) through (e) of this section, ships may use additional appropriate means available to them to inform the nearest appropriate U.S. Coast Guard rescue coordination center that a false distress alert has been transmitted and should be cancelled. [ 68 FR 46968 , Aug. 7, 2003, as amended at 73 FR 4485 , Jan. 25, 2008] Subpart H—Frequencies Radiotelegraphy and Data § 80.351 Scope. The following sections describe the carrier frequencies and general uses of radiotelegraphy and data transmission with respect to the following: ( a ) Distress, urgency, safety, call and reply. ( b ) Working. ( c ) Digital selective calling (DSC). ( d ) Narrow-band direct-printing (NB-DP). ( e ) Facsimile. ( f ) VHF-FM digital small message services (VDSMS). [ 81 FR 90747 , Dec. 15, 2016] § 80.353 [Reserved] § 80.355 Distress, urgency, safety, call and reply Morse code frequencies. This section describes the distress, urgency, safety, call and reply carrier frequencies assignable to stations for Morse code radiotelegraphy. ( a ) Frequencies in the 100-160 kHz band. The international calling frequency in the 100-160 kHz band is 143 kHz using A1A or J2A emission. When a ship station operating in the 100-160 kHz band desires to communicate with a coast station, it must call on the frequency 143 kHz unless the International List of Coast Stations provides otherwise. Coast stations must reply on their normal working frequency in this band. Only individual calls, replies to such calls, and transmission of signals preparatory to traffic may be transmitted on 143 kHz. ( b ) Frequencies in the 2000-27500 kHz band — ( 1 ) Ship station frequencies. The following table describes the calling frequencies in the 4000-27500 kHz band which are available for use by authorized ship stations equipped with crystal-controlled oscillators for A1A, J2A, J2B, or J2D radiotelegraphy. There are two series of frequencies for worldwide use and two series of frequencies for each geographic region. Ship stations with synthesized transmitters may operate on every full 100 Hz increment in the 0.5 kHz channel for the frequencies listed, except for 100 Hz above and below those designated for worldwide use. During normal business hours when not communicating on other frequencies, all U.S. coast radiotelegraph stations must monitor the worldwide frequencies and the initial calling frequencies for the region in which it is located. The specific frequencies which must be monitored by a coast station will vary with propagation conditions. The calling frequencies which are routinely monitored by specific coast stations can be determined by reference to the ITU publication entitled “List of Coast Stations.” Initial calls by ship stations must be made on the appropriate initial calling frequency first. Calls on the worldwide frequencies may be made only after calls on the appropriate initial calling frequency are unsuccessful. Ship Morse Calling Frequencies (kHz) ITU ITU Region: Worldwide 3 4184.0 6276.0 8368.0 12552.0 16736.0 22280.5 C 25172.0 4 4184.5 6276.5 8369.0 12553.5 16738.0 22281.0 C 25172.0 Atlantic: Initial 1 4182.0 6277.0 8366.0 12550.0 16734.0 22279.5 A 25171.5 Alternate 2 4182.5 6277.5 8366.5 12550.5 16734.5 22280.0 A 25171.5 Caribbean: Initial 1 4182.0 6277.0 8366.0 12550.0 16734.0 22279.5 A 25171.5 Alternate 2 4182.5 6277.5 8366.5 12550.5 16734.5 22280.0 A 25171.5 Gulf-Mexico: Initial 5 4183.0 6278.0 8367.0 12551.0 16735.0 22281.5 A 25171.5 Alternate 6 4183.5 6278.5 8367.5 12551.5 16735.5 22282.0 A 25171.5 N Pacific: Initial 7 4185.0 6279.0 8368.5 12552.5 16736.5 22282.5 B 25172.5 Alternate 8 4185.5 6279.5 8369.5 12553.0 16737.0 22283.0 B 25172.5 S Pacific: Initial 9 4186.0 6280.0 8370.0 12554.0 16737.5 22283.5 B 25172.5 Alternate 10 4186.5 6280.5 8370.5 12554.5 16738.5 22284.0 B 25172.5 ( 2 ) Coast Station frequencies. Coast stations may use any working carrier frequency for distress, safety and calling listed in § 80.357(b)(1) which is not identified with a specific use. ( c ) Frequencies in the VHF bands. ( 1 ) Survival craft stations using 121.500 MHz may be assigned A3N emission for radiobeacon purposes. ( 2 ) EPIRB stations may be assigned 121.500 MHz and 243 MHz using A3E, A3X and NON emission or 406.0-406.1 MHz using G1D emission to aid search and rescue operations. See subpart V of this part . [ 51 FR 31213 , Sept. 2, 1986; 51 FR 34984 , Oct. 1, 1986; 52 FR 35245 , Sept. 18, 1987; 56 FR 9886 , Mar. 8, 1991; 56 FR 11516 , Mar. 19, 1991; 68 FR 46969 , Aug. 7, 2003; 69 FR 64674 , Nov. 8, 2004] § 80.357 Working frequencies for Morse code and data transmission. This section describes the working frequencies assignable to maritime stations for A1A, J2A, J2B (2000-27500 kHz band only), or J2D (2000-27500 kHz band only) radiotelegraphy. ( a ) Ship station frequencies — ( 1 ) Frequencies in the 100-160 kHz band. The following table describes the working carrier frequencies in the 100-160 kHz band which are assignable to ship stations. A ship station may also transmit on a radiotelegraphy working channel of a coast station within the 100-160 kHz band when directed to do so by the coast station provided interference is not caused to any land, fixed, broadcast, or radiolocation station. 100-160 (kHz) 152 153 154 155 156 157 158 ( 2 ) Frequencies in the 405-525 kHz band. The following table describes the working carrier frequencies in the 405-525 kHz band which are assignable to ship stations. A ship station may transmit on a radiotelegraphy working channel of a coast station in the 415-490 kHz band when directed to do so by the coast station. 405-525 (kHz) 1 410 425 454 468 480 2 512 3 518 1 The frequency 410 kHz may be used on a secondary basis for the transmission of radiodetermination information and for transmitting by radiotelegraph radiodetermination related messages to direction-finding stations. 2 The frequency 512 kHz may be used as a supplementary calling frequency when 500 kHz is used for distress, safety and urgency communications. The use of the 512 kHz as a working frequency is prohibited in areas where it is used as a supplementary calling frequency when 500 kHz is used for distress, safety, and urgency communications. 3 The frequency 518 kHz is a receive only frequency by ship stations. It is used by U.S. Coast Guard coast stations for NB-DP transmissions of meteorological and navigational warnings to ships. ( 3 ) Frequencies in the 2000-27500 kHz band. This paragraph describes the working frequencies and Channel Series in the 2000-27500 kHz band which are assignable to ship stations. ( i ) Two Channel Series will be assigned for routine use to each ship station. Frequencies from any other Channel Series may be used if the frequencies in the assigned Channel Series are not adequate for communications. Ship Morse Working Frequencies (kHz) Channel Series: W1 4187.0 6285.0 8342.0 12422.0 16619.0 22242.0 25161.5 8343.5 12453.0 16650.0 22273.0 16681.0 W2 4187.5 6285.5 8342.5 12422.5 16619.5 22242.5 25162.0 8344.0 12453.5 16650.5 22273.5 16681.5 W3 4188.0 6286.0 8343.0 12423.0 16620.0 22243.0 25162.5 8344.5 12454.0 16651.0 22274.0 16682.0 W4 4188.5 6286.5 8343.5 12423.5 16620.5 22243.5 25163.0 8345.0 12454.5 16651.5 22274.5 16682.5 W5 4189.0 6287.0 8344.0 12424.0 16621.0 22244.0 25163.5 8345.5 12455.0 16652.0 22275.0 16683.0 W6 4189.5 6287.5 8344.5 12424.5 16621.5 22244.5 25164.0 8346.0 12455.5 16652.5 22275.5 16619.0 W7 4190.0 6288.0 8345.0 12425.0 16622.0 22245.0 25164.5 8346.5 12456.0 16653.0 22276.0 16619.5 W8 4190.5 6288.5 8345.5 12425.5 16622.5 22245.5 25165.0 8347.0 12456.5 16653.5 22276.5 16620.0 W9 4191.0 6289.0 8346.0 12426.0 16623.0 22246.0 25165.5 8347.5 12457.0 16654.0 22277.0 16620.5 W10 4191.5 6289.5 8346.5 12426.5 16623.5 22246.5 25166.0 8348.0 12457.5 16654.5 22270.5 16621.0 W11 4192.0 6290.0 8347.0 12427.0 16624.0 22247.0 25166.5 8348.5 12458.0 16655.0 22278.0 16621.5 W12 4192.5 6290.5 8347.5 12427.5 16624.5 22247.5 25167.0 8349.0 12458.5 16655.5 22278.5 16622.0 W13 4193.0 6291.0 8348.0 12428.0 16625.0 22248.0 25167.5 8349.5 12459.0 16656.0 22279.0 16622.5 W14 4193.5 6291.5 8348.5 12428.5 16625.5 22248.5 25168.0 8350.0 12459.5 16656.5 22242.0 16623.0 W15 4194.0 6292.0 8349.0 12429.0 16626.0 22249.0 25168.5 8350.5 12460.0 16657.0 22242.5 16623.5 W16 4194.5 6292.5 8349.5 12429.5 16626.5 22249.5 25169.0 8351.0 12460.5 16657.5 22243.0 16624.0 W17 4195.0 6293.0 8350.0 12430.0 16627.0 22250.0 25169.5 8351.5 12461.0 16658.0 22243.5 16624.5 W18 4195.5 6293.5 8350.5 12430.5 16627.5 22250.5 25170.0 8352.0 12461.5 16658.5 22244.0 16625.0 W19 4196.0 6294.0 8351.0 12431.0 16628.0 22251.0 25170.5 8352.5 12462.0 16659.0 22244.5 16625.5 W20 4196.5 6294.5 8351.5 12431.5 16628.5 22251.5 25171.0 8353.0 12462.5 16659.5 22245.0 16626.0 W21 4197.0 6295.0 8352.0 12432.0 16629.0 22252.0 25161.5 8353.5 12463.0 16660.0 22245.5 16626.5 W22 4197.5 6295.5 8352.5 12432.5 16629.5 22252.5 25162.0 8354.0 12463.5 16660.5 22246.0 16627.0 W23 4198.0 6296.0 8353.0 12433.0 16630.0 22253.0 25162.5 8354.5 12464.0 16661.0 22246.5 16627.5 W24 4198.5 6296.5 8353.5 12433.5 16630.5 22253.5 25163.0 8355.0 12464.5 16661.5 22247.0 16628.0 W25 4199.0 6297.0 8354.0 12434.0 16631.0 22254.0 25163.5 8355.5 12465.0 16662.0 22247.5 16628.5 W26 4199.5 6297.5 8354.5 12434.5 16631.5 22254.5 25164.0 8356.0 12465.5 16662.5 22248.0 16629.0 W27 4200.0 6298.0 8355.0 12435.0 16632.0 22255.0 25164.5 8356.5 12466.0 16663.0 22248.5 16629.5 W28 4200.5 6298.5 8355.5 12435.5 16632.5 22255.5 25165.0 8357.0 12466.5 16663.5 22249.0 16630.0 W29 4201.0 6299.0 8356.0 12436.0 16633.0 22256.0 25165.5 8357.5 12467.0 16664.0 22249.5 16630.5 W30 4201.5 6299.5 8356.5 12436.5 16633.5 22256.5 25166.0 8358.0 12467.5 16664.5 22250.0 16631.0 W31 4202.0 6300.0 8357.0 12437.0 16634.0 22257.0 25166.5 8358.5 12468.0 16665.0 22250.5 16631.5 W32 4202.0 6300.0 8357.5 12437.5 16634.5 22257.5 25167.0 8359.0 12468.5 16665.5 22251.0 16632.0 W33 4201.5 6299.5 8358.0 12438.0 16635.0 22258.0 25167.5 8359.5 12469.0 16666.0 22251.5 16632.5 W34 4201.0 6299.0 8358.5 12438.5 16635.5 22258.5 25168.0 8360.0 12469.5 16666.5 22252.0 16633.0 W35 4200.5 6298.5 8359.0 12439.0 16636.0 22259.0 25168.5 8360.5 12470.0 16667.0 22252.5 16633.5 W36 4200.0 6298.0 8359.5 12439.5 16636.5 22259.5 25169.0 8361.0 12470.5 16667.5 22253.0 16634.0 W37 4199.5 6297.5 8360.0 12440.0 16637.0 22260.0 25169.5 8361.5 12471.0 16668.0 22253.5 16634.5 W38 4199.0 6297.0 8360.5 12440.5 16637.5 22260.5 25170.0 8362.0 12471.5 16668.5 22254.0 16635.0 W39 4198.5 6296.5 8361.0 12441.0 16638.0 22261.0 25170.5 8362.5 12472.0 16669.0 22254.5 16635.5 W40 4198.0 6296.0 8361.5 12441.5 16638.5 22261.5 25171.0 8363.0 12472.5 16669.5 22255.0 16636.0 W41 4197.5 6295.5 8362.0 12442.0 16639.0 22262.0 25161.5 8363.5 12473.0 16670.0 22255.5 16636.5 W42 4197.0 6295.0 8362.5 12442.5 16639.5 22262.5 25162.0 8364.0 12473.5 16670.5 22256.0 16637.0 W43 4196.5 6294.5 8363.0 12443.0 16640.0 22263.0 25162.5 8364.5 12474.0 16671.0 22256.5 16637.5 W44 4196.0 6294.0 8363.5 12443.5 16640.5 22263.5 25163.0 8365.0 12474.5 16671.5 22257.0 16638.0 W45 4195.5 6293.5 8364.0 12444.0 16641.0 22264.0 25163.5 8365.5 12475.0 16672.0 22257.5 16638.5 W46 4195.0 6293.0 8364.5 12444.5 16641.5 22264.5 25164.0 8371.0 12475.5 16672.5 22258.0 16639.0 W47 4194.5 6292.5 8365.0 12445.0 16642.0 22265.0 25164.5 8371.5 12476.0 16673.0 22258.5 16639.5 W48 4194.0 6292.0 8365.5 12445.5 16642.5 22265.5 25165.0 8372.0 12476.5 16673.5 22259.0 16640.0 W49 4193.5 6291.5 8371.0 12446.0 16643.0 22266.0 25165.5 8372.5 12422.0 16674.0 22259.5 16640.5 W50 4193.0 6291.0 8371.5 12446.5 16643.5 22266.5 25166.0 8373.0 12422.5 16674.5 22260.0 16641.0 W51 4192.5 6290.5 8372.0 12447.0 16644.0 22267.0 25166.5 8373.5 12423.0 16675.0 22260.5 16641.5 W52 4192.0 6290.0 8372.5 12447.5 16644.5 22267.5 25167.0 8374.0 12423.5 16675.5 22261.0 16642.0 W53 4191.5 6289.5 8373.0 12448.0 16645.0 22268.0 25167.5 8374.5 12424.0 16676.0 22261.5 16642.5 W54 4191.0 6289.0 8373.5 12448.5 16645.5 22268.5 25168.0 8375.0 12424.5 16676.5 22262.0 16643.0 W55 4190.5 6288.5 8374.0 12449.0 16646.0 22269.0 25168.5 8375.5 12425.0 16677.0 22262.5 16643.5 W56 4190.0 6288.0 8374.5 12449.5 16646.5 22269.5 25169.0 8376.0 12425.5 16677.5 22263.0 16644.0 W57 4189.5 6287.5 8375.0 12450.0 16647.0 22270.0 25169.5 8342.0 12426.0 16678.0 22263.5 16644.5 W58 4189.0 6287.0 8375.5 12450.5 16647.5 22270.5 25170.0 8342.5 12426.5 16678.5 22264.0 16645.0 W59 4188.5 6286.5 8376.0 12451.0 16648.0 22271.0 25170.5 8343.0 12427.0 16679.0 22264.5 16645.5 W60 4188.0 6286.0 8342.0 12451.5 16648.5 22271.5 25171.0 8343.5 12427.5 16679.5 22265.0 16646.0 W61 4187.5 6285.5 8342.5 12452.0 16649.0 22272.0 25161.5 8344.0 12428.0 16680.0 22265.5 16646.5 W62 4187.0 6285.0 8343.0 12452.5 16649.5 22272.5 25162.0 8344.5 12428.5 16680.5 22266.0 16678.0 ( ii ) If the frequencies listed in paragraph (3)(i) of this section are not adequate for communications, ship stations may use any of the non-paired narrow-band direct-printing frequencies listed in § 80.361(b) of this part for A1A or J2A radiotelegraphy. ( b ) Coast station frequencies — ( 1 ) Frequencies in the 100-27500 kHz band. The following table describes the working carrier frequencies in the 100-27500 kHz band which are assignable to coast stations located in the designated geographical areas. The exclusive maritime mobile HF bands listed in the table contained in § 80.363(a)(2) of this chapter are also available for assignment to public coast stations for A1A, J2A, J2B, or J2D radiotelegraphy following coordination with government users. Area Bands 1 100-160 kHz 405-525 kHz 2 MHz 4 MHz 6 MHz 8 MHz 12 MHz 16 MHz 22 MHz Central Pacific 126.15 426.00 2037.5 4247.0 6348.0 8558.0 12695.5 17016.8 22479.0 436.00 2045.0 4274.0 6365.5 8618.0 12808.5 17026.0 22515.0 147.85 460.00 2061.5 4228.0 6477.5 8642.0 12844.5 17088.8 22557.0 476.0 6488.0 8445.0 13002.0 22581.5 500.00 13033.5 512.00 South Pacific 418.00 2049.5 4238.0 6355.0 8590.0 12691.0 17064.8 22467.0 464.00 2055.5 4283.0 6463.5 8606.0 12912.0 17088.8 22593.5 482.00 8642.0 12993.0 17220.5 500.00 13033.5 512.00 Gulf of Mexico 153.00 410.00 2042.0 4256.0 6369.0 8473.0 12704.5 17117.6 22467.0 420.00 2048.0 4274.0 6435.5 8550.0 12826.5 17170.4 22668.5 434.00 2049.5 4310.0 6446.0 8570.0 12840.0 17172.4 22686.5 438.00 2052.5 4322.0 6495.0 8666.0 13038.0 17230.1 22688.0 478.00 2055.5 8445.0 13051.5 484.00 2063.0 8453.0 12660.0 500.00 512.00 Great Lakes 482.00 4316.0 6474.0 8534.0 500.00 512.00 Hawaii 484.00 2052.5 4295.0 6407.5 8542.0 13029.0 16978.4 22509.0 500.00 512.00 Puerto Rico 153.00 486.00 2052.5 4244.0 8457.0 12700.0 500.00 512.00 North Atlantic 112.85 418.00 2036.0 4238.0 6351.5 8502.0 12745.5 16933.2 22485.0 124.05 436.00 2040.5 4268.0 6376.0 8514.0 12925.5 16968.8 22503.0 130.35 442.00 2046.5 4331.0 6414.5 8586.0 12948.0 16973.6 22521.0 132.10 460.00 2051.0 4343.0 6418.0 8610.0 12961.5 16997.6 22599.5 134.55 472.00 2054.0 4346.0 6333.5 8630.0 12997.5 17021.6 22640.0 137.00 476.00 2060.0 6337.0 8658.0 13020.0 17093.6 22658.0 482.00 6344.0 8686.0 13024.5 16904.9 146.80 500.00 13033.5 147.50 512.00 13060.5 Central Atlantic 428.00 2063.0 4346.0 6484.5 8502.0 12885.0 16916.5 22588.5 500.00 512.00 South Atlantic 137.70 434.00 2039.0 4250.0 6389.6 8486.0 12952.5 16918.8 22503.0 464.00 2043.5 4292.0 6407.5 8525.0 12970.5 17093.6 22575.5 472.00 2051.0 4295.0 6411.0 8686.0 13011.0 17160.8 488.00 2057.0 8453.0 12660.0 17170.4 500.00 17239.7 512.00 North Pacific 482.00 2058.5 4349.0 6411.0 8582.0 12907.5 17007.2 22539.0 488.00 2063.0 8658.0 12916.5 500.00 512.00 Alaska 416.00 438.00 452.00 472.00 512.00 1 All frequencies in this table are shown in kilohertz. The use of frequencies in the 472-479 kHz band is restricted to public coast stations that were licensed on or before July 14, 2017. ( 2 ) Conditions of use. The following conditions are applicable to these frequencies: ( i ) Frequencies in the 100-160 kHz band are assignable to coast stations for high seas communications only; ( ii ) Frequencies above 5 MHz may be assigned primarily to stations serving the high seas and secondarily to stations serving inland waters of the United States, including the Great Lakes, under the condition that interference will not be caused to any coast station serving the high seas. ( iii ) The frequency 410 kHz may be used on a secondary basis for the transmission of radiodetermination information and for transmitting by radiotelegraph radiodetermination messages to direction-finding stations; and [ 51 FR 31213 , Sept. 2, 1986; 51 FR 34984 , Oct. 1, 1986, as amended at 56 FR 9887 , Mar. 8, 1991; 56 FR 34029 , July 25, 1991; 65 FR 77824 , Dec. 13, 2000; 67 FR 48264 , July 15, 2002; 68 FR 46969 , Aug. 7, 2003; 69 FR 64674 , Nov. 8, 2004; 82 FR 27213 , June 14, 2017; 82 FR 48460 , Oct. 18, 2017] § 80.359 Frequencies for digital selective calling (DSC). ( a ) General purpose calling. The following table describes the calling frequencies for use by authorized ship and coast stations for general purpose DSC. There are three series of paried frequencies. One series is for worldwide use; the other two series are for regional use. The “Series A” designation includes coast stations along, and ship stations in, the Atlantic Ocean, the Gulf of Mexico, and the Caribbean Sea. The “Series B” designation includes stations in any remaining areas. Stations must initiate contact on the appropriate regional frequency depending upon the location of the called station and propagation conditions. Acknowledgement is made on the paired frequency. The worldwide frequencies may be used for international calling, if calls on the appropriate regional frequencies are unsuccessful, or the regional series does not contain the appropriate band (e.g., 2 MHz). During normal working hours, all public coast stations capable of DSC operations must monitor the worldwide and regional frequencies appropriate for its location. The specific frequencies to be monitored will vary with propagation conditions. General Purpose DSC [In kHz unless otherwise noted] Worldwide Series A Series B Ship Coast Ship Coast Ship Coast 458.5 455.5 2189.5 1 2177.0 4208.0 4219.5 4208.5 4220.0 4209.0 4220.5 6312.5 6331.0 6313.0 6331.5 6313.5 6332.0 8415.0 8436.5 8415.5 8437.0 8416.0 8437.5 12577.5 12657.0 12578.0 12657.5 12578.5 12658.0 16805.0 16903.0 16805.5 16903.5 16806.0 16904.0 18898.5 19703.5 18899.0 19704.0 18899.5 19704.5 22374.5 22444.0 22375.0 22444.5 22375.5 22445.0 25208.5 26121.0 25209.0 26121.5 25209.5 26122.0 2 156.525 2 156.525 1 The frequency 2177.0 kHzs is also available to ship stations for intership calling and acknowledgement of such calls only. 2 MHz. ( b ) Distress and safety calling. The frequencies 2187.5 kHz, 4207.5 kHz, 6312.0 kHz, 8414.5 kHz, 12577.0 kHz, 16804.5 kHz and 156.525 MHz may be used for DSC by coast and ship stations on a simplex basis for distress and safety purposes, and may also be used for routine ship-to-ship communications provided that priority is accorded to distress and safety communications. The provisions and procedures for distress and safety calling are contained in ITU-R M.541-9 (incorporated by reference, see § 80.7 ), and § 80.103(c) . ( c ) Working frequencies. Coast and ship stations may use DSC techniques for general calling purposes on their assigned working frequencies in the 2000-27500 kHz band and on those frequencies in the 156-162 MHz band which are allocated for maritime control, commercial, non-commercial and public correspondence communications. [ 51 FR 31213 , Sept. 2, 1986, as amended at 54 FR 49995 , Dec. 4, 1989; 56 FR 9890 , Mar. 8, 1991; 56 FR 14150 , Apr. 5, 1991; 68 FR 46969 , Aug. 7, 2003; 73 FR 4485 , Jan. 25, 2008; 76 FR 67612 , Nov. 2, 2011] § 80.361 Frequencies for narrow-band direct-printing (NBDP), radioprinter and data transmissions. ( a ) Paired channels. The following frequencies are available for assignment to public coast stations for narrow-band direct-printing (NBDP) and data transmissions. The paired ship frequencies are available for use by authorized ship stations for NBDP and data transmissions. Ch. no. Paired frequencies for NBDP and data transmissions (kHz) 4 MHz 6 MHz 8 MHz 12 MHz 16 MHz 18/19 MHz 22 MHz 25/26 MHz Coast Ship Coast Ship Coast Ship Coast Ship Coast Ship Coast Ship Coast Ship Coast Ship 1 4210.5 4172.5 6314.5 6263.0 12579.5 12477.0 16807.0 16683.5 19681.0 18870.5 22376.5 22284.5 26101.0 25173.0 2 4211.0 4173.0 6315.0 6263.5 8417.0 8377.0 12580.0 12477.5 16807.5 16684.0 19681.5 18871.0 22377.0 22285.0 26101.5 25173.5 3 4211.5 4173.5 6315.5 6264.0 8417.5 8377.5 12580.5 12478.0 16808.0 16684.5 19682.0 18871.5 22377.5 22285.5 26102.0 25174.0 4 4212.0 4174.0 6316.0 6264.5 8418.0 8378.0 12581.0 12478.5 16808.5 16685.0 19682.5 18872.0 22378.0 22286.0 26102.5 25174.5 5 4212.5 4174.5 6316.5 6265.0 8418.5 8378.5 12581.5 12479.0 16809.0 16685.5 19683.0 18872.5 22378.5 22286.5 26103.0 25175.0 6 4213.0 4175.0 6317.0 6265.5 8419.0 8379.0 12582.0 12479.5 16809.5 16686.0 19683.5 18873.0 22379.0 22287.0 26103.5 25175.5 7 4213.5 4175.5 6317.5 6266.0 8419.5 8379.5 12582.5 12480.0 16810.0 16686.5 19684.0 18873.5 22379.5 22287.5 26104.0 25176.0 8 4214.0 4176.0 6318.0 6266.5 8420.0 8380.0 12583.0 12480.5 16810.5 16687.0 19684.5 18874.0 22380.0 22288.0 26104.5 25176.5 9 4214.5 4176.5 6318.5 6267.0 8420.5 8380.5 12583.5 12481.0 16811.0 16687.5 19685.0 18874.5 22380.5 22288.5 26105.0 25177.0 10 4215.0 4177.0 6319.0 6267.5 8421.0 8381.0 12584.0 12481.5 16811.5 16688.0 19685.5 18875.0 22381.0 22289.0 26105.5 25177.5 11 8421.5 8381.5 12584.5 12482.0 16812.0 16688.5 19686.0 18875.5 22381.5 22289.5 26106.0 25178.0 12 4215.5 4178.0 6319.5 6268.5 8422.0 8382.0 12585.0 12482.5 16812.5 16689.0 19686.5 18876.0 22382.0 22290.0 26106.5 25178.5 13 4216.0 4178.5 6320.0 6269.0 8422.5 8382.5 12585.5 12483.0 16813.0 16689.5 19687.0 18876.5 22382.5 22290.5 26107.0 25179.0 14 4216.5 4179.0 6320.5 6269.5 8423.0 8383.0 12586.0 12483.5 16813.5 16690.0 19687.5 18877.0 22383.0 22291.0 26107.5 25179.5 15 4217.0 4179.5 6321.0 6270.0 8423.5 8383.5 12586.5 12484.0 16814.0 16690.5 19688.0 18877.5 22383.5 22291.5 26108.0 25180.0 16 4217.5 4180.0 6321.5 6270.5 8424.0 8384.0 12587.0 12484.5 16814.5 16691.0 19688.5 18878.0 22384.0 22292.0 26108.5 25180.5 17 4218.0 4180.5 6322.0 6271.0 8424.5 8384.5 12587.5 12485.0 16815.0 16691.5 19689.0 18878.5 22384.5 22292.5 26109.0 25181.0 18 6322.5 6271.5 8425.0 8385.0 12588.0 12485.5 16815.5 16992.0 19689.5 18879.0 22385.0 22293.0 26109.5 25181.5 19 6323.0 6272.0 8425.5 8385.5 12588.5 12486.0 16816.0 16692.5 19690.0 18879.5 22385.5 22293.5 26110.0 25182.0 20 6323.5 6272.5 8426.0 8386.0 12589.0 12486.5 16816.5 16693.0 19690.5 18880.0 22386.0 22294.0 26110.5 25182.5 21 6324.0 6273.0 8426.5 8386.5 12589.5 12487.0 16817.0 16693.5 19691.0 18880.5 22386.5 22294.5 22 6324.5 6273.5 8427.0 8387.0 12590.0 12487.5 16817.5 16694.0 19691.5 18881.0 22387.0 22295.0 23 6325.0 6274.0 8427.5 8387.5 12590.5 12488.0 16818.0 16694.5 22387.5 22295.5 24 6325.5 6274.5 8428.0 8388.0 12591.0 12488.5 22388.0 22296.0 25 6326.0 6275.0 8428.5 8388.5 12591.5 12489.0 16818.5 16695.5 22388.5 22296.5 26 6326.5 6275.5 8429.0 8389.0 12592.0 12489.5 16819.0 16696.0 22389.0 22297.0 27 6327.0 6281.0 8429.5 8389.5 12592.5 12490.0 16819.5 16696.5 22389.5 22297.5 28 6327.5 6281.5 8430.0 8390.0 12593.0 12490.5 16820.0 16697.0 22390.0 22298.0 29 6328.0 6282.0 8430.5 8390.5 12593.5 12491.0 16820.5 16697.5 22390.5 22298.5 30 8431.0 8391.0 12594.0 12491.5 16821.0 16698.0 22391.0 22299.0 31 8431.5 8391.5 12594.5 12492.0 16821.5 16698.5 22391.5 22299.5 32 8432.0 8392.0 12595.0 12492.5 16822.0 16699.0 22392.0 22300.0 33 8432.5 8392.5 12595.5 12493.0 16822.5 16699.5 22392.5 22300.5 34 8433.0 8393.0 12596.0 12493.5 16823.0 16700.0 22393.0 22301.0 35 12596.5 12494.0 16823.5 16700.5 22393.5 22301.5 36 12597.0 12494.5 16824.0 16701.0 22394.0 22302.0 37 12597.5 12495.0 16824.5 16701.5 22394.5 22302.5 38 12598.0 12495.5 16825.0 16702.0 22395.0 22303.0 39 12598.5 12496.0 16825.5 16702.5 22395.5 22303.5 40 12599.0 12496.5 16826.0 16703.0 22396.0 22304.0 41 12599.5 12497.0 16826.5 16703.5 22396.5 22304.5 42 12600.0 12497.5 16827.0 16704.0 22397.0 22305.0 43 12600.5 12498.0 16827.5 16704.5 22397.5 22305.5 44 12601.0 12498.5 16828.0 16705.0 22398.0 22306.0 45 12601.5 12499.0 16828.5 16705.5 22398.5 22306.5 46 12602.0 12499.5 16829.0 16706.0 22399.0 22307.0 47 12602.5 12500.0 16829.5 16706.5 22399.5 22307.5 48 12603.0 12500.5 16830.0 16707.0 22400.0 22308.0 49 12603.5 12501.0 16830.5 16707.5 22400.5 22308.5 50 12604.0 12501.5 16831.0 16708.0 22401.0 22309.0 51 12604.5 12502.0 16831.5 16708.5 22401.5 22309.5 52 12605.0 12502.5 16832.0 16709.0 22402.0 22310.0 53 12605.5 12503.0 16832.5 16709.5 22402.5 22310.5 54 12606.0 12503.5 16833.0 16710.0 22403.0 22311.0 55 12606.5 12504.0 16833.5 16710.5 22403.5 22311.5 56 12607.0 12504.5 16834.0 16711.0 22404.0 22312.0 57 12607.5 12505.0 16834.5 16711.5 22404.5 22312.5 58 12608.0 12505.5 16835.0 16712.0 22405.0 22313.0 59 12608.5 12506.0 16835.5 16712.5 22405.5 22313.5 60 12609.0 12506.5 16836.0 16713.0 22406.0 22314.0 61 12609.5 12507.0 16836.5 16713.5 22406.5 22314.5 62 12610.0 12507.5 16837.0 16714.0 22407.0 22315.0 63 12610.5 12508.0 16837.5 16714.5 22407.5 22315.5 64 12611.0 12508.5 16838.0 16715.0 22408.0 22316.0 65 12611.5 12509.0 16838.5 16715.5 22408.5 22316.5 66 12612.0 12509.5 16839.0 16716.0 22409.0 22317.0 67 12612.5 12510.0 16839.5 16716.5 22409.5 22317.5 68 12613.0 12510.5 16400.0 16717.0 22410.0 22318.0 69 12613.5 12511.0 16400.5 16717.5 22410.5 22318.5 70 12614.0 12511.5 16411.0 16718.0 22411.0 22319.0 71 12614.5 12512.0 16841.5 16718.5 22411.5 22319.5 72 12615.0 12512.5 16842.0 16719.0 22412.0 22320.0 73 12615.5 12513.0 16842.5 16719.5 22412.5 22320.5 74 12616.0 12513.5 16843.0 16720.0 22413.0 22321.0 75 12616.5 12514.0 16843.5 16720.5 22413.5 22321.5 76 12617.0 12514.5 16844.0 16721.0 22414.0 22322.0 77 12617.5 12515.0 16844.5 16721.5 22414.5 22322.5 78 12618.0 12515.5 16845.0 16722.0 22415.0 22323.0 79 12618.5 12516.0 16845.5 16722.5 22415.5 22323.5 80 12619.0 12516.5 16846.0 16723.0 22416.0 22324.0 81 12619.5 12517.0 16846.5 16723.5 22416.5 22324.5 82 12620.0 12517.5 16847.0 16724.0 22417.0 22325.0 83 12620.5 12518.0 16847.5 16724.5 22417.5 22325.5 84 12621.0 12518.5 16848.0 16725.0 22418.0 22326.0 85 12621.5 12519.0 16848.5 16725.5 22418.5 22326.5 86 12622.0 12519.5 16849.0 16726.0 22419.0 22327.0 87 16849.5 16726.5 22419.5 22327.5 88 12622.5 12520.5 16850.0 16727.0 22420.0 22328.0 89 12623.0 12521.0 16850.5 16727.5 22420.5 22328.5 90 12623.5 12521.5 16851.0 16728.0 22421.0 22329.0 91 12624.0 12522.0 16851.5 16728.5 22421.5 22329.5 92 12624.5 12522.5 16852.0 16729.0 22422.0 22330.0 93 12625.0 12523.0 16852.5 16729.5 22422.5 22330.5 94 12625.5 12523.5 16853.0 16730.0 22423.0 22331.0 95 12626.0 12524.0 16853.5 16730.5 22423.5 22331.5 96 12626.5 12524.5 16854.0 16731.0 22424.0 22332.0 97 12627.0 12525.0 16854.5 16731.5 22424.5 22332.5 98 12627.5 12525.5 16855.0 16732.0 22425.0 22333.0 99 12628.0 12526.0 16855.5 16732.5 22425.5 22333.5 100 12628.5 12526.5 16856.0 16733.0 22426.0 22334.0 101 12629.0 12527.0 16856.5 16733.5 22426.5 22334.5 102 12629.5 12527.5 16857.0 16739.0 103 12630.0 12528.0 16857.5 16739.5 104 12630.5 12528.5 16858.0 16740.0 105 12631.0 12529.0 16858.5 16740.5 106 12631.5 12529.5 16859.0 16741.0 107 12632.0 12530.0 16859.5 16741.5 108 16860.0 16742.0 109 16860.5 16742.5 110 16861.0 16743.0 111 16861.5 16743.5 112 16862.0 16744.0 113 16862.5 16744.5 114 16863.0 16745.0 115 16863.5 16745.5 116 16864.0 16746.0 117 16864.5 16746.5 118 16865.0 16747.0 119 16865.5 16747.5 120 16866.0 16748.0 121 16866.5 16748.5 122 16867.0 16749.0 123 16867.5 16749.5 124 16868.0 16750.0 125 16868.5 16750.5 126 16869.0 16751.0 127 16869.5 16751.5 128 16870.0 16752.0 129 16870.5 16752.5 130 16871.0 16753.0 131 16871.5 16753.5 132 16872.0 16754.0 ( b ) The following table describes the frequencies and Channel Series with F1B, J2B, or J2D emission which are assignable to ship stations for NBDP and data transmissions with other ship stations and public coast stations. Public coast stations may receive only on these frequencies. Non-Paired NBDP Channels (kHz) Channel series: 1 4202.5 6300.5 8396.5 12560.0 16785.0 18893.0 22352.0 25193.0 2 4203.0 6301.0 8397.0 12560.5 16785.5 18893.5 22352.5 25193.5 3 4203.5 6301.5 8397.5 12561.0 16786.0 18894.0 22353.0 25194.0 4 4204.0 6302.0 8398.0 12561.5 16786.5 18894.5 22353.5 25194.5 5 4204.5 6302.5 8398.5 12562.0 16787.0 18895.0 22354.0 25195.0 6 4205.0 6303.0 8399.0 12562.5 16787.5 18895.5 22354.5 25195.5 7 4205.5 6303.5 8399.5 12563.0 16788.0 18896.0 22355.0 25196.0 8 4206.0 6304.0 8400.0 12563.5 16788.5 18896.5 22355.5 25196.5 9 4206.5 6304.5 8400.5 12564.0 16789.0 18897.0 22356.0 25197.0 10 4207.0 6305.0 8401.0 12564.5 16789.5 18897.5 22356.5 25197.5 11 6305.5 8401.5 12565.0 16790.0 18898.0 22357.0 25198.0 12 6306.0 8402.0 12565.5 16790.5 22357.5 25198.5 13 6306.5 8402.5 12566.0 16791.0 22358.0 25199.0 14 6307.0 8403.0 12566.5 16791.5 22358.5 25199.5 15 6307.5 8403.5 12567.0 16792.0 22359.0 25200.0 16 6308.0 8404.0 12567.5 16792.5 22359.5 25200.5 17 6308.5 8404.5 12568.0 16793.0 22360.0 25201.0 18 6309.0 8405.0 12568.5 16793.5 22360.5 25201.5 19 6309.5 8405.5 12569.0 16794.0 22361.0 25202.0 20 6310.0 8406.0 12569.5 16794.5 22361.5 25202.5 21 6310.5 8406.5 12570.0 16795.0 22362.0 25203.0 22 6311.0 8407.0 12570.5 16795.5 22362.5 25203.5 23 6311.5 8407.5 12571.0 16796.0 22363.0 25204.0 24 8408.0 12571.5 16796.5 22363.5 25204.5 25 8408.5 12572.0 16797.0 22364.0 25205.0 26 8409.0 12572.5 16797.5 22364.5 25205.5 27 8409.5 12573.0 16798.0 22365.0 25206.0 28 8410.0 12573.5 16798.5 22365.5 25206.5 29 8410.5 12574.0 16799.0 22366.0 25207.0 30 8411.0 12574.5 16799.5 22366.5 25207.5 31 8411.5 12575.0 16800.0 22367.0 25208.0 32 8412.0 12575.5 16800.5 22367.5 33 8412.5 12576.0 16801.0 22368.0 34 8413.0 12576.5 16801.5 22368.5 35 8413.5 16802.0 22369.0 36 8414.0 16802.5 22369.5 37 16803.0 22370.0 38 16803.5 22370.5 39 16804.0 22371.0 40 22371.5 41 22372.0 42 22372.5 43 22373.0 44 22373.5 45 22374.0 ( c ) Distress and calling. The frequencies 2174.5 kHz, 4177.5 kHz, 6268.0 kHz, 8376.5 kHz, 12520.0 kHz, and 16695.0 kHz may be used for NBDP and data transmissions by coast and ship stations on a simplex basis for distress and safety purposes. ( d ) The frequencies in the 156-162 MHz band available for assignment to public coast stations that are contained in § 80.371(c) of this part are also available for radioprinter and data communications between ship and coast stations using F1B, F2B, F1D, or F2D emission. [ 51 FR 31213 , Sept. 2, 1986, as amended at 56 FR 9890 , Mar. 8, 1991; 57 FR 43407 , Sept. 21, 1992; 58 FR 16504 , Mar. 29, 1993; 68 FR 46969 , Aug. 7, 2003] § 80.363 Frequencies for facsimile. ( a ) The non-paired frequencies with F1C, F3C, J2C or J3C emission which are assignable to ship and public coast stations for facsimile are as follows: ( 1 ) Ship station frequencies. The following frequencies are available for use by authorized ship stations for facsimile. Assignable Ship Frequencies for Facsimile (kHz) 2070.5 4154 6235 8302 12370 16551 18848 22182 25123 2072.5 4170 6259 8338 12418 16615 18868 22238 25159 2074.5 2076.5 ( 2 ) Coast station frequencies. The following table describes the exclusive maritime mobile HF frequency bands that are available for assignment to coast stations using 3 kHz channels for facsimile. However, any frequency in the 2000-27500 kHz bands listed in part 2 of the Commission's Rules as available for shared use by the maritime mobile service and other radio services, except for the 4000-4063 kHz and the 8100-8195 kHz bands, is available for assignment to coast stations for facsimile. Frequency assignments are subject to coordination with government users. Frequency Bands for Coast Facsimile (kHz) 4221.0- 4351.0 16904.5-17242.0 6332.5- 6501.0 19705.0-19755.0 8438.0- 8707.0 22445.5-22696.0 12658.5-13077.0 26122.5-26145.0 ( b ) The frequencies in the 156-162 MHz band available for assignment to public coast stations that are contained in § 80.371(c) of this part are also available for facsimile communications between ship and coast stations using F2C or F3C emission. ( c ) The frequency 156.425 MHz is assigned by rule to private coast stations and ship stations in Alaska for ship-to-shore and ship-to-ship facsimile transmissions using F2C or F3C emissions. [ 51 FR 31213 , Sept. 2, 1986, as amended at 54 FR 40059 , Sept. 29, 1989; 56 FR 9893 , Mar. 8, 1991; 57 FR 43407 , Sept. 21, 1992; 62 FR 40307 , July 28, 1997; 68 FR 46970 , Aug. 7, 2003] § 80.364 Frequencies for VHF digital small message services (VDSMS). Frequencies in the 156-162 MHz band may be used for VHF digital small message services (VDSMS) complying with RTCM 12301 (incorporated by reference, see § 80.7 ), except as follows VHF-FM Channels Not Available for Digital Small Message Service Channel Frequency (MHz) 01A 156.050 63A 156.175 05A 156.250 65A 156.275 06 156.300 66A 156.325 67 156.375 70 156.525 12 156.600 13 156.650 73 156.675 14 156.700 74 156.725 15 156.750 75 156.775 16 156.800 76 156.825 17 156.850 77 156.875 20A 157.000 22A 157.100 AIS 1/2 161.975/162.025 [ 81 FR 90747 , Dec. 15, 2016] Radiotelephony § 80.365 Scope. The following sections describe the carrier frequencies and general conditions of use for the following types of radiotelephony: —Distress, urgency, safety, call and reply. —Working. —Public. —Private. § 80.367 General uses—radiotelephony. ( a ) Ship stations communicating with foreign coast stations may operate on any frequency designated by that coast station. ( b ) Radiotelephony stations communicating with a Government station may transmit on a Government frequency when authorized to do so by the Government station or agency if the emission, bandwidth and frequency tolerance of the maritime station are within the same limits as the Government station. ( c ) Frequencies assigned to Government radio stations are assignable to non-Government maritime stations for radiotelephony communications with other non-Government stations in connection with activities performed in coordination with or on behalf of the Government. ( d ) Frequencies in the 2000-27500 kHz band will be authorized only to ship stations that in addition are authorized to use frequencies in the 156-162 MHz band. ( e ) Frequencies in the 2000-2850 kHz band will be authorized to private coast stations that in addition are authorized to use frequencies in the 156-162 MHz band. ( f ) Ship and coast stations authorized to use frequencies in both the 2000-27500 kHz and 156-162 MHz bands must not use frequencies in the 2000-27500 kHz band for communications with any other station which is within the VHF service range. ( g ) Coast and ship station radiotelephone working frequencies are available for DSC general purpose calling under the provisions of § 80.207(a) . ( h ) Digital selective calling techniques are not authorized on the frequencies 2182 kHz or 156.800 MHz. § 80.369 Distress, urgency, safety, call and reply frequencies. This section describes the general uses and frequencies assignable to maritime stations for distress, urgency, safety, call and reply radiotelephony communications. ( a ) In the 1605-3500 kHz band, the frequency 2182 is an international radiotelephony distress, urgency and safety frequency for ship stations, public and private coast stations, and survival craft stations. It is also used for call and reply by ship stations on a primary basis and by public coast stations on a secondary basis. The carrier frequency 2191 kHz may be used as a supplementary calling frequency in areas of heavy usage of 2182 kHz. All stations must use J3E emission when operating on 2182 and 2191 kHz, except that: ( 1 ) H3E emission may be used on 2182 kHz for communications with foreign coast and ship stations; or, ( 2 ) A3E emission may be used on 2182 kHz by portable survival craft stations, or transmitters authorized for use prior to January 1, 1972. See § 80.203(c) . ( b ) The frequencies 4125.0 kHz, 6215 kHz, 8291 kHz, 12290 kHz, and 16420 kHz may be used by coast and ship stations on a simplex basis for distress and safety communications. The frequency 4125.0 kHz may also be used for distress and safety communications between aircraft and maritime mobile stations. ( c ) The frequency 5167.5 kHz is available to any station for emergency communications in the State of Alaska. Peak envelope power of stations operating on this frequency must not exceed 150 watts. This frequency may also be used by Alaska private fixed stations for calling and listening, but only for establishing communication. ( d ) In the 4000-27500 kHz band, the following coast frequencies are available for assignment to public coast stations for call and reply communications. The paired ship frequencies are available for use by authorized ship stations. Call and Reply Frequency Pairs in the 4000-27500 kHz Carrier Frequencies (kHz) Channel No. Ship transmit Coast transmit 421 1 2 3 4125 1 4417 606 2 3 6215 1 6516 821 8255 8779 1221 3 12290 13137 1621 3 16420 17302 1806 18795 19770 2221 22060 22756 2510 25097 26172 1 The frequencies 4125 kHz, 4417 kHz, and 6516 kHz are also available on a simplex basis for private communications, see § 80.373(c) of this part . 2 The frequencies of 4125 kHz and 6215 kHz are also available on a simplex basis to ship and coast stations for call and reply, provided that the peak envelope power does not exceed 1 kW. 3 The frequencies 4125 kHz, 6215 kHz, 8291 kHz, 12290 kHz, and 16420 kHz are also available on a simplex basis for distress and safety traffic, see paragraph (b) of this section. ( e ) In the 120-156 MHz band the following frequencies are used as indicated: ( 1 ) The frequencies 121.500 MHz and 123.100 MHz using A3E emission are available for scene of action search and rescue operations to ship, coast and aircraft stations. Communications in support of search and rescue operations must employ the frequency 121.500 MHz only when communications on 123.100 MHz or other VHF frequencies is not practicable. Ship, coast and aircraft stations engaged in such communications on 121.500 MHz must shift to 123.100 MHz as soon as possible. ( 2 ) The frequency 156.525 MHz is available for intership, ship and coast general purpose, distress and safety DSC calls. ( 3 ) The frequency 156.800 MHz is the international radiotelephone distress, urgency, safety, call and reply frequency for ship, public and private coast stations. Stations operating on 156.800 MHz must be able to transmit and receive using G3E emission. ( 4 ) The frequency 156.450 MHz (channel 9) is available for intership, ship and coast station general purpose calling by noncommercial vessels, such as recreational boats. Distress, urgency and safety calls should initially be made on 156.800 MHz (channel 16) or, if equipped with DSC, on 156.525 MHz (channel 70). [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 35245 , Sept. 18, 1987; 54 FR 49995 , Dec. 4, 1989; 56 FR 9893 , Mar. 8, 1991; 57 FR 19552 , May 7, 1992] § 80.371 Public correspondence frequencies. This section describes the radiotelephony working frequencies assignable to ship and public coast stations. ( a ) Working frequencies in the 2000-4000 kHz band. The following table describes the working carrier frequency pairs in the 2000-4000 kHz band. Working frequency pairs in the 2000-4000 kHz band Region Carrier frequency (kHz) Ship transmit Coast transmit East Coast: 2031.5 2490.0 2118.0 1 2514.0 2126.0 2522.0 2142.0 2538.0 2166.0 2558.0 2198.0 2590.0 2366.0 2450.0 2382.0 5 2482.0 2390.0 2566.0 2400.0 2400.0 2406.0 2442.0 2406.0 4 2506.0 West Coast: 2003.0 2450.0 2009.0 2442.0 2009.0 2566.0 2031.5 2566.0 2126.0 2522.0 2206.0 2598.0 2382.0 2466.0 2406.0 2506.0 2430.0 5 2482.0 Gulf Coast: 2009.0 2466.0 2134.0 2530.0 2142.0 2538.0 1 2158.0 1 2550.0 2166.0 2558.0 2206.0 2598.0 2366.0 2450.0 2382.0 5 2482.0 2430.0 2572.0 2458.0 2506.0 Great Lakes 2 : 2118.0 2514.0 2158.0 2550.0 2206.0 2582.0 Alaska 2131.0 5 2309.0 2134.0 2312.0 2237.0 2397.0 2240.0 2400.0 Hawaii 2134.0 2530.0 Caribbean: 2009.0 2506.0 3 2086.0 2585.0 2134.0 2530.0 Guam 2009.0 2506.0 1 Unlimited hours of use from December 15 to April 1 and day only from April 1 to December 15. Harmful interference must not be caused to any station in the Great Lakes region. 2 In the Great Lakes region 2206 kHz is not available for transmission to U.S. ships except in the case of distress. U.S. coast stations in the Great Lakes area may use 2514, 2550 and 2582 kHz on a shared basis with coast stations of Canada. Except in the case of distress, the frequency 2550 kHz must not be used for transmission to ship stations of Canada since the associated ship station transmit frequency 2158 kHz is not available to Canadian ship stations for transmission and 2582 kHz must not be used for public correspondence transmissions to U.S. ship stations since the associated ship transmit frequency 2206 kHz is not available to U.S. ship stations for transmissions except in the case of distress. 3 Limited to a peak envelope power of 150 watts. 4 Harmful interference must not be caused to any coast station in the Caribbean region. 5 But see section 80.373(c)(3) of this chapter. ( b ) Working frequencies in the 4000-27500 kHz band. This paragraph describes the working carrier frequencies in the 4000-27500 kHz band. With respect to frequencies that are assignable in more than one geographical area, once the frequency is assigned to one licensee, any subsequent license will be authorized on a secondary, non-interference basis with respect to the incumbent license's existing operation. If the first licensee later seeks authorization to operate in an additional geographic area, such authorization will be on a secondary, non-interference basis to other co-channel licensees. ( 1 ) The following table specifies the carrier frequencies available for assignment to public coast stations. The paired ship frequencies are available for use by authorized ship stations. The specific frequency assignment available to public coast stations for a particular geographic area is indicated by an “x” under the appropriate column. The allotment areas are in accordance with the “Standard Defined Areas” as identified in the International Radio Regulations, Appendix 25 Planning System, and indicated in the preface to the International Frequency List (IFL). Working Carrier Frequency Pairs in the 4000-27500 kHz Band Channel Ship transmit Coast transmit USA-E USA-W USA-S USA-C VIR HWA ALS PTR GUM 401 4065 4357 x x x x 403 4071 4363 x x x x x x 404 4074 4366 x x x x 405 4077 4369 x x x x x x 409 4089 4381 x x x x 410 4092 4384 x x 411 4095 4387 x x x 412 4098 4390 x x x 414 4104 4396 x x x x 416 4110 4402 x x x x 417 4113 4405 x x x x 418 4116 4408 x x 419 4119 4411 x x x x x 422 4128 4420 x x x 423 4131 4423 x x x x x 424 4134 4426 x 427 4143 4435 x x x x x x x 428 4060 4351 x 604 6209 6510 x x x x x x x x 605 6212 6513 x 607 6218 6519 x 802 8198 8722 x x x x 803 8201 8725 x 804 8204 8728 x x x 805 8207 8731 x x x 807 8213 8737 x 808 8216 8740 x x x x x 809 8219 8743 x x 810 8222 8746 x x x 811 8225 8749 x x x 814 8234 8758 x x x x x x 815 8237 8761 x x x 817 8243 8767 x 819 8249 8773 x 822 8258 8782 x x x 824 8264 8788 x x x 825 8267 8791 x x x 826 8270 8794 x x x 829 8279 8803 x x x x 830 8282 8806 x x 831 8285 8809 x x x 836 8113 8713 x 837 8128 8716 x 1201 12230 13077 x x x 1202 12233 13080 x x x x 1203 12236 13083 x x x x x x 1206 12245 13092 x x x 1208 12251 13098 x x 1209 12254 13101 x x x x 1210 12257 13104 x x x x 1211 12260 13107 x x x x x 1212 12263 13110 x x x x x 1215 12272 13119 x x x 1217 12278 13125 x 1222 12293 13140 x 1223 12296 13143 x x x x 1225 12302 13149 x x 1226 12305 13152 x x x 1228 12311 13158 x x x 1229 12314 13161 x 1230 12317 13164 x x x x 1233 12326 13173 x 1234 12329 13176 x x x x 1235 12232 13179 x 1236 12335 13182 x 1237 12338 13185 x x x x 1601 16360 17242 x x x x 1602 16363 17245 x x x 1603 16366 17248 x x x x 1605 16372 17254 x x 1607 16378 17260 x x x x 1609 16384 17266 x x x 1610 16387 17269 x x x 1611 16390 17272 x x x 1616 16405 17287 x x x x x 1620 16417 17299 x x 1624 16429 17311 x x x 1626 16435 17317 x 1631 16450 17332 x 1632 16453 17335 x x x x 1641 16480 17362 x x x 1642 16483 17365 x x x x x x x x 1643 16486 17368 x 1644 16489 17371 x x x x x x 1645 16492 17374 x 1646 16495 17377 x 1647 16498 17380 x x x x x 1648 16501 17383 x x x x x x 1801 18780 19755 x x x x x x x x 1802 18783 19758 x x x x x 1803 18786 19761 x x x x x x x 1804 18789 19764 x x x x 1805 18792 19767 x x 1807 18798 19773 x 1808 18801 19776 x x x x x x x x 2201 22000 22696 x x x x 2205 22012 22708 x x x 2210 22027 22723 x 2214 22039 22735 x x x 2215 22042 22738 x x x 2216 22045 22741 x x x 2222 22063 22759 x 2223 22066 22762 x x x x x x 2227 22078 22774 x x x 2228 22081 22777 x x 2231 22090 22786 x x x x 2236 22105 22801 x x 2237 22108 22804 x x x 2241 22120 22816 x x x x x x x x 2242 22123 22819 x 2243 22126 22822 x x x x x x x x 2244 22129 22825 x x x 2245 22132 22828 x x x x 2246 22135 22831 x 2247 22138 22834 x x x x x x x 2501 25070 26145 x x x x x x 2502 25073 26148 x x x x x x x x 2503 25076 26151 x 2504 25079 26154 x x x x x x x x ( 2 ) The following table specifies the non-paired carrier frequencies that are available for assignment to public coast stations for simplex operations. These frequencies are available for use by authorized ship stations for transmissions to coast stations (simplex operations). Assignments on these frequencies must accept interference. They are shared with government users and are considered “common use” frequencies under the international Radio Regulations. They cannot be notified for inclusion in the Master International Frequency Register, which provides stations with interference protection, but may be listed in the international List of Coast Stations. ( See Radio Regulation No. 1220 and Recommendation 304.) Public Correspondence Simplex [Non-paired radiotelephony frequencies in the 4000-27500 kHz Band 1 Carrier Frequencies (kHz)] 16537 2 18825 22174 25100 16540 18828 22177 25103 18831 25106 18834 25109 18837 25112 1 Coast stations limited to a maximum transmitter power of 1 kW (PEP). 2 The alternative carrier frequency 16537 kHz may be used by ship stations and coast stations for calling on a simplex basis, provided that the peak envelope power does not exceed 1 kW. ( c ) Working frequencies in the marine VHF 156-162 MHz band. ( 1 ) ( i ) The frequency pairs listed in this paragraph are available for assignment to public coast stations for communications with ship stations and units on land. Working Carrier Frequency Pairs in the 156-162 MHz Band 1 Channel designator Carrier Frequency (MHz) Ship transmit Coast transmit 24 157.200 161.800 84 157.225 161.825 25 5 157.250 161.850 85 2 157.275 161.875 26 157.300 161.900 86 157.325 161.925 27 157.350 161.950 87 3 157.375 161.975 28 157.400 162.000 88 4 157.425 162.025 1 For special assignment of frequencies in this band in certain areas of Washington State, the Great Lakes and the east coast of the United States pursuant to arrangements between the United States and Canada, see subpart B of this part . 2 The frequency pair 157.275/161.875 MHz is available on a primary basis to ship and public coast stations. In Alaska it is also available on a secondary basis to private mobile repeater stations. 3 The frequency 161.975 MHz is available only for Automatic Identification System communications. In VPCSAs 10-42, site-based stations licensed to operate on frequency 161.975 MHz prior to March 2, 2009 may continue to operate on a co-primary basis on that frequency until March 2, 2024. 4 The frequency 162.025 MHz is available only for Automatic Identification System communications. One hundred twenty kilometers (75 miles) from the United States/Canada border, the frequency 157.425 MHz is available for intership and commercial communications. Outside the Puget Sound area and its approaches and the Great Lakes, 157.425 MHz is available for communications between commercial fishing vessels and associated aircraft while engaged in commercial fishing activities. 5 In VPCSAs 10-42, the working carrier frequency pair 157.250/161.850 MHz (Channel 25) is not available for assignment under part 80. ( ii ) Service areas in the marine VHF 156-162 MHz band are VHF Public Coast Service Areas (VPCSAs). As listed in the table in this paragraph (c)(1)(ii) , VPCSAs are based on, and composed of one or more of, the U.S. Department of Commerce's 172 Economic Areas (EAs). See 60 FR 13114 (March 10, 1995). In addition, the Commission shall treat Guam and the Northern Mariana Islands, Puerto Rico and the United States Virgin Islands, American Samoa, and the Gulf of Mexico as EA-like areas, and has assigned them EA numbers 173-176, respectively. Maps of the EAs and VPCSAs are available for public inspection through the Federal Communications Commission's Reference Information Center, Tel: 1-888-225-5322. In addition to the EAs listed in the table in this paragraph (c)(1)(ii) , each VPCSA also includes the adjacent waters under the jurisdiction of the United States. In VPCSAs 10-42, the working carrier frequency pair 157.250 MHz/161.850 MHz (Channel 25) is not available for assignment under this part. VHF Public coast station areas (VPCSAs) VPCSAs EAs 1 (Northern Atlantic) 1-5, 10 2 (Mid-Atlantic) 9, 11-23, 25, 42, 46 3 (Southern Atlantic) 24, 26-34, 37, 38, 40, 41, 174 4 (Mississippi River) 34, 36, 39, 43-45, 47-53, 67-107, 113, 116-120, 122-125, 127, 130-134, 176 5 (Great Lakes) 6-8, 54-66, 108, 109 6 (Southern Pacific) 160-165 7 (Northern Pacific) 147, 166-170 8 (Hawaii) 172, 173, 175 9 (Alaska) 171 10 (Grand Forks) 110 11 (Minot) 111 12 (Bismarck) 112 13 (Aberdeen) 114 14 (Rapid City) 115 15 (North Platte) 121 16 (Western Oklahoma) 126 17 (Abilene) 128 18 (San Angelo) 129 19 (Odessa-Midland) 135 20 (Hobbs) 136 21 (Lubbock) 137 22 (Amarillo) 138 23 (Santa Fe) 139 24 (Pueblo) 140 25 (Denver-Boulder-Greeley) 141 26 (Scottsbluff) 142 27 (Casper) 143 28 (Billings) 144 29 (Great Falls) 145 30 (Missoula) 146 31 (Idaho Falls) 148 32 (Twin Falls) 149 33 (Boise City) 150 34 (Reno) 151 35 (Salt Lake City-Ogden) 152 36 (Las Vegas) 153 37 (Flagstaff) 154 38 (Farmington) 155 39 (Albuquerque) 156 40 (El Paso) 157 41 (Phoenix-Mesa) 158 42 (Tucson) 159 ( iii ) Subject to paragraph (c)(3) of this section, each licensee may also operate on 12.5 kHz offset frequencies in areas where the licensee is authorized on both frequencies adjacent to the offset frequency, and in areas where the licensee on the other side of the offset frequency consents to the licensee's use of the adjacent offset frequency. Coordination with Canada is required for offset operations under any circumstance in which operations on either adjoining 25 kHz channel would require such coordination. See § 80.57 of this part . ( 2 ) Any recovered channel pairs will revert automatically to the holder of the VPCSA license within which such channels are included, except the channel pairs listed in the table in paragraph (c)(1)(i) of this section. Those channel pairs, and any channel pairs recovered where there is no VPCSA licensee, will be retained by the Commission for future licensing. (e) Canada/U.S.A. channeling arrangement frequencies. The VHF frequencies assignable to ship and coast stations in the State of Washington and their usage limitations pursuant to the Canada/U.S.A. channeling arrangement are described in subpart B of this part . ( 4 ) Subject to the requirements of § 1.924 of this chapter and § 80.21 , each VPCSA licensee may place stations anywhere within its region without obtaining prior Commission approval provided: ( i ) It provides to co-channel coast station incumbent licensees, and incumbent Private Land Mobile Radio licensees authorized under part 90 of this chapter on a primary basis, protection as defined in subpart P of this part . VPCSA licensees that share a common border may either distribute the available frequencies upon mutual agreement or request that the Commission assign frequencies along the common border. ( ii ) The locations and/or technical parameters of the transmitters are such that individual coordination of the channel assignment(s) with a foreign administration, under applicable international agreements and rules in this part, is not required. ( iii ) For any construction or alteration that would exceed the requirements of § 17.7 of this chapter , licensees must notify the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1) and file a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the FCC, Attn: Information Processing Branch, 1270 Fairfield Rd., Gettysburg, PA 17325-7245. ( iv ) The transmitters must not have a significant environmental effect as defined by §§ 1.1301 through 1.1319 of this chapter . ( d ) Working frequencies in the Mississippi River System. The Mississippi River System includes the Mississippi River and connecting navigable waters other than the Great Lakes. The following simplex frequencies are available for assignment to public coast stations serving the Mississippi River System for radiotelephony communications. These simplex frequencies also are available for use by authorized ship stations within communication service range, whether or not the ship is operating within the confines of the Mississippi River System. Mississippi River System Working Frequencies; Carrier Frequencies (kHz) 2086 1 4065 6209 8201 12362 16543 2782 4089 6212 8213 12365 16546 4116 6510 8725 4408 6513 8737 1 Limited to a maximum transmitter output of 150 watts (PEP). ( e ) Canada/U.S.A. channeling arrangement frequencies. The VHF frequencies assignable to ship and coast stations in the State of washington and their usage limitations purusant to the Canada/U.S.A. channeling arrangement are described in subpart B of this part . [ 51 FR 31213 , Sept. 2, 1986] Editorial Note Editorial Note: For Federal Register citations affecting § 80.371 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 80.373 Private communications frequencies. This section describes the carrier frequencies assignable for ship-to-ship and ship-to-coast private communications. ( a ) Special requirements for private coast stations. Assignment to private coast stations of radiotelephony frequencies in the 2000-27500 kHz band are subject to the following: ( 1 ) Private coast stations must use J3E emission. ( 2 ) On 2182 kHz, private coast stations must be capable of receiving J3E and H3E emissions. ( 3 ) Except in the Mississippi River System and Great Lakes, private coast stations serving lakes or rivers are not authorized on the 2000-2850 kHz band. ( 4 ) Private coast stations may use DSC for calling on their assigned frequencies in the 2000-27500 kHz band and on those frequencies in the 156-162 MHz band which are allocated for maritime control, commercial and non-commercial communications. ( b ) Frequencies in the 2000-27500 kHz band for intership safety and other communications. This paragraph describes the geographic areas of operation and the frequencies and limitations in the band available for assignment for intership safety and operational simplex radiotelephone communications. ( 1 ) Frequencies avaiable. Carrier frequency (kHz) Geographic area 2003.0 Great Lakes only. 2082.5 1 2 All areas. 2093.0 1 All areas. 2142.0 Pacific coast areas south of 42 degrees north on a day basis only. 2203.0 2 Gulf of Mexico. 2214.0 1 All areas. 2638.0 1 All areas. 2670.0 All areas. 2738.0 1 All areas except the Great Lakes. 2830.0 Gulf of Mexico only. 1 Limited to a peak envelope power of 150 watts. 2 Available on a secondary basis for intership communications by ships involved in non-commercial fishing. ( 2 ) Except for 2093.0 kHz and 2214.0 kHz the frequencies shown in paragraph (b)(1) of this section are authorized primarily for intership safety communications in the indicated geographic area. ( 3 ) Except for the frequencies 2093.0 kHz, 2214.0 kHz and 2670.0 kHz, the frequencies shown in paragraph (b)(1) of this section may be used on a non-interference basis to safety communications, for operational communications and, in the case of commercial transport ships and ships of municipal and state governments, for business communications. ( 4 ) Ship stations may communicate with government coast stations on 2003.0 kHz about passage of vessels. Interference must not be caused to communications on the St. Lawrence Seaway and on the St. Mary's River. ( 5 ) Ship stations may use 2670.0 kHz for communications with coast and ship stations of the U.S. Coast Guard. When a ship is not equipped to transmit on 2670.0 kHz or in the band 156-162 MHz the frequency 2003.0 kHz may be used on the Great Lakes for communications must not cause harmful interference to intership safety, operational and business communications. ( 6 ) Navigational communications between ships and private coast stations may be exchanged on 2738.0 kHz and 2830.0 kHz. The frequencies 2214.0 kHz, 2738.0 kHz and 2830.0 kHz are assignable to private coast stations upon a showing that they need to communicate with commercial transport or Government ships. Private coast station applicants must show that public coast stations do not provide the required communications and harmful interference will not be caused to the intership use of these frequencies. The transmitter power must not exceed 150 watts. If 2214.0 kHz is authorized for ships, intership communication is also authorized. The geographic limitations to the frequencies 2738.0 kHz and 2830.0 kHz do not prohibit intership communication of less than 320 km (200 statute miles) when only one of the ship stations is within a permitted use geographic area. ( 7 ) Private aircraft stations may communicate with ship stations on 2738.0 kHz and 2830.0 kHz if: ( i ) The communications are limited to business or operational needs of the vessel while it is engaged in commercial fishing activities in the open sea or adjacent waters; ( ii ) Harmful interference must not be caused to intership communications; ( iii ) The maximum output power used for such communication must not exceed 25 watts; ( c ) Frequencies in the 2000-27500 kHz bands for business and operational communications. ( 1 ) The following simplex frequencies in the 2000-27500 kHz band are available for assignment to private coast stations for business and operational radiotelephone communications. These simplex frequencies also are available for use by authorized ship stations for business and operational radiotelephone communications. Business and Operational Frequencies in the 2000-27500 kHz Band; Carrier Frequencies (kHz) 2065.0 1 3 4146 6224 8294 12353 16528 18840 22159 25115 2079.0 1 3 4149 6227 8297 12356 16531 18843 22162 25118 2096.5 1 4125 2 6230 12359 6 16534 22165 3023.0 4 4417 5 6516 22168 5680 4 22171 1 Limited to peak envelope power of 150 watts. 2 The frequency 4125 kHz is also available for distress and safety, and calling and reply, see § 80.369 (b) and (d) of this part . 3 The frequencies 2065.0 kHz and 2079.0 kHz must be coordinated with Canada. 4 The frequencies 3023.0 kHz and 5680.0 kHz are available to private coast stations licensed to state and local governments and any scene-of-action ships for the purpose of search and rescue scene-of-action coordination including communications with any scene-of-action aircraft. 5 The frequency 6516 kHz is limited to daytime operations. The frequencies 4417 kHz and 6516 kHz are also available for calling and reply, see § 80.369(d) of this part . 6 The alternative carrier frequency 12359 kHz may be used by ship stations and coast stations for calling on a simplex basis, provided that the peak envelope power does not exceed 1 kW. ( 2 ) Assignment of these frequencies is subject to the following general limitations: ( i ) These frequencies are shared and are not available for the exclusive use of any station. No more than one frequency from each of the frequency bands will be authorized to a private station without justification; ( ii ) The emissions must be J3E or J2D except that when DSC is used the emission must be F1B or J2B; and ( iii ) Maximum transmitter output power is limited to 1 kW except as noted. ( 3 ) In addition to the frequencies shown in paragraph (c)(1) of this section, the following coast transmit frequencies listed in the table in § 80.371(a) of this chapter are available for assignment to private coast stations and authorized ship stations for simplex business and operational radiotelephone communications: in the East Coast, West Coast, and Gulf Coast regions, 2482 kHz; in the Alaska region, 2309 kHz. These frequencies shall not be assigned to public coast stations before July 25, 2002. After that date, only the above frequencies in the above regions that have been assigned to at least one private coast station shall continue to be available for assignment to private coast stations. If, by that date, in any of the above regions, any of the above frequencies has not been assigned to a private coast station, that frequency in that region shall be available for assignment only to public coast stations. ( d ) Radioprinter frequencies. ( 1 ) The following table describes the bands available for radioprinter simplex communications between ship and private coast stations: Frequency Bands (kHz) 2107-2170 4750-4850 2194-2495 5060-5450 2505-2850 5700-5950 1 3155-3400 7300-8100 1 4438-4650 1 After April 1, 2007, use of the sub-bands 5900-5950 kHz and 7300-7350 kHz shall be on the condition that harmful interference is not caused to HF broadcasting. ( 2 ) Ship stations may conduct radioprinter communications with private coast stations on frequencies within these bands which are assigned to their associated private coast stations; ( 3 ) Any alphanumeric code may be used; and ( 4 ) The bandwidth of radioprinter communications on frequencies within these bands must not exceed 300 Hz. ( e ) Frequencies in the 2000-27500 kHz band for medical advisory communications. ( 1 ) Private coast stations may be authorized to use any frequencies within the 2030-27500 kHz band that are allocated to Government and non-Government fixed or fixed and mobile radio services shown in the Commission's Table of Frequency Allocations contained in § 2.106 of this chapter for communications with ship stations to provide medical treatment information or advice. Assignment of these frequencies is subject to the following limitations: ( 2 ) No protection is provided from harmful interference caused by foreign stations; and ( 3 ) A private coast station must cease operations on a frequency that causes harmful interference to a foreign station. ( f ) Frequencies in the 156-162 MHz band. The following tables describe the carrier frequencies available in the 156-162 MHz band for radiotelephone communications between ship and private coast stations. ( Note: the letter “A” following the channel designator indicates simplex operation on a channel designated internationally as a duplex channel.) Frequencies in the 156-162 MHz Band Channel designator Carrier frequency (MHz) ship transmit Carrier frequency (MHz) coast transmit Points of communication (intership and between coast and ship unless otherwise indicated) Port Operations 01A 1 156.050 156.050 63A 1 156.175 156.175 05A 2 156.250 156.250 65A 156.275 156.275 66A 156.325 156.325 12 3 156.600 156.600 73 156.675 156.675 14 3 156.700 156.700 74 156.725 156.725 77 4 156.875 Intership only. 20A 12 157.000 Intership only. Navigational (Bridge-to-Bridge) 5 67 7 156.375 156.375 13 6 156.650 156.650 Commercial 01A 1 156.050 156.050 63A 1 156.175 156.175 07A 156.350 156.350 67 7 156.375 Intership only. 08 156.400 Do. 09 156.450 156.450 10 156.500 156.500 11 3 156.550 156.550 72 14 156.625 Intership only. 18A 156.900 156.900 19A 156.950 156.950 79A 156.975 156.975 80A 157.025 157.025 88A 8 157.425 157.425 Digital Selective Calling 70 15 156.525 156.525 Noncommercial 67 14 156.375 Intership only. 68 17 156.425 156.425 09 16 156.450 156.450 69 156.475 156.475 71 18 156.575 156.575 72 156.625 Intership only. 78A 156.925 156.925 79A 156.975 156.975 Great Lakes only. 80A 157.025 157.025 Do. Distress, Safety and Calling 16 156.800 156.800 Intership Safety 06 156.300 a. Intership, or b. For SAR: Ship and aircraft for the U.S. Coast Guard. Environmental 15 13 156.750 Coast to ship only. Maritime Control 17 9 10 156.850 156.850 Liaison and Safety Broadcasts, U.S. Coast Guard 22A 11 157.100 157.100 Ship, aircraft, and coast stations of the U.S. Coast Guard and at Lake Mead, Nev., ship and coast stations of the National Park Service, U.S. Department of the Interior. 1 156.050 MHz and 156.175 MHz are available for port operations and commercial communications purposes when used only within the U.S. Coast Guard designated Vessel Traffic Services (VTS) area of New Orleans, on the lower Mississippi River from the various pass entrances in the Gulf of Mexico to Devil's Swamp Light at River Mile 242.4 above head of passes near Baton Rouge. 2 156.250 MHz is available for port operations communications use only within the U.S. Coast Guard designated VTS radio protection areas of New Orleans and Houston described in § 80.383 . 156.250 MHz is available for intership port operations communications used only within the area of Los Angeles and Long Beach harbors, within a 25-nautical mile radius of Point Fermin, California. 3 156.550 MHz, 156.600 MHz and 156.700 MHz are available in the U.S. Coast Guard designated port areas only for VTS communications and in the Great Lakes available primarily for communications relating to the movement of ships in sectors designated by the St. Lawrence Seaway Development Corporation or the U.S. Coast Guard. The use of these frequencies outside VTS and ship movement sector protected areas is permitted provided they cause no interference to VTS and ship movement communications in their respective designated sectors. 4 Use of 156.875 MHz is limited to communications with pilots regarding the movement and docking of ships. Normal output power must not exceed 1 watt. 5 156.375 MHz and 156.650 MHz are available primarily for intership navigational communications. These frequencies are available between coast and ship on a secondary basis when used on or in the vicinity of locks or drawbridges. Normal output power must not exceed 1 watt. Maximum output power must not exceed 10 watts for coast stations or 25 watts for ship stations. 6 On the Great Lakes, in addition to bridge-to-bridge communications, 156.650 MHz is available for vessel control purposes in established vessel traffic systems. 156.650 MHz is not available for use in the Mississippi River from South Pass Lighted Whistle Buoy “2” and Southwest Pass entrance Mid-channel Lighted Whistle Buoy to mile 242.4 above Head of Passes near Baton Rouge. Additionally it is not available for use in the Mississippi River-Gulf Outlet, the Mississippi River-Gulf Outlet Canal, and the Inner Harbor Navigational Canal, except to aid the transition from these areas. 7 Use of 156.375 MHz is available for navigational communications only in the Mississippi River from South Pass Lighted Whistle Buoy “2” and Southwest Pass entrance Mid-channel Lighted Whistle Buoy to mile 242.4 above Head of Passes near Baton Rouge, and in addition over the full length of the Mississippi River-Gulf Outlet Canal from entrance to its junction with the Inner Harbor Navigational Canal, and over the full length of the Inner Harbor Navigational Canal from its junction with the Mississippi River to its entry to Lake Pontchartrain at the New Seabrook vehicular bridge. 8 Within that portion of VHF Public Coast Station Areas (VPCSAs) 1 through 9 listed in the table in Section 80.371(c)(1)(ii) within 120 km (75 miles) of the United States/Canada border, in the area of the Great Lakes, the Saint Lawrence Seaway, and the Puget Sound and the Strait of Juan de Fuca and its approaches, Maritime VHF Channel 88A (157.425 MHz) is available for use for public correspondence communications, subject to prior coordination with Canada. Maritime VHF Channel 88B (162.025 MHz) is available only for Automatic Identification System communications. One hundred twenty kilometers (75 miles) from the United States/Canada border, 157.425 MHz is available for intership and commercial communications. Outside the Puget Sound area and its approaches and the Great Lakes, 157.425 MHz is available for communications between commercial fishing vessels and associated aircraft while engaged in commercial fishing activities. 9 When the frequency 156.850 MHz is authorized, it may be used additionally for search and rescue training exercises conducted by state or local governments. 10 The frequency 156.850 MHz is additionally available to coast stations on the Great Lakes for transmission of scheduled Coded Marine Weather Forecasts (MAFOR), Great Lakes Weather Broadcast (LAWEB) and unscheduled Notices to Mariners or Bulletins. F3C and J3C emissions are permitted. Coast stations on the Great Lakes must cease weather broadcasts which cause interference to stations operating on 156.800 MHz until the interference problem is resolved. 11 The frequency 157.100 MHz is authorized for search and rescue training exercises by state or local government in conjunction with U.S. Coast Guard stations. Prior U.S. Coast Guard approval is required. Use must cease immediately on U.S. Coast Guard request. 12 The duplex pair for channel 20 (157.000/161.600 MHz) may be used for ship to coast station communications. 13 Available for assignment to coast stations, the use of which is in accord with an agreed program, for the broadcast of information to ship stations concerning the environmental conditions in which vessels operate, i.e., weather; sea conditions; time signals; notices to mariners; and hazards to navigation. 14 Available only in the Puget Sound and the Strait of Juan de Fuca. 15 The frequency 156.525 MHz is to be used exclusively for distress, safety and calling using digital selective calling techniques. No other uses are permitted. 16 The frequency 156.450 MHz is available for intership, ship and coast general purpose calling by noncommercial vessels, such as recreational boats and private coast stations. 17 The frequency 156.425 MHz is assigned by rule to private coast stations in Alaska for facsimile transmissions as well as voice communications. 18 156.575 MHz is available for port operations communications use only within the U.S. Coast Guard designated VTS radio protection area of Seattle (Puget Sound) described in § 80.383 . Normal output power must not exceed 1 watt. Maximum output power must not exceed 10 watts. ( g ) ( 1 ) On-board communications: This section describes the carrier frequency pairs assignable for on-board mobile radiotelephony communications. The center of the on-board repeater antenna must not be located more than 3 meters (10 feet) above the ship's working deck. These frequencies are available on a shared basis with stations in the Industrial/Business Radio Pool. Frequencies for On-Board Communications Channel Carrier frequency (MHz) On-board mobile station On-board repeater station 1 1 467.750 457.525 2 467.775 457.550 3 467.800 457.575 4 467.825 457.600 1 These frequencies may also be assigned to mobile stations for single frequency simplex operation. ( 2 ) Where needed, equipment designed for 12.5 kHz channel spacing using the additional frequencies 457.5375 MHz, 457.5625 MHz, 467.5375 MHz, and 467.5625 MHz may be introduced for on-board communications. ( h ) Repeater frequencies in Alaska. The following frequencies are assignable on a primary basis to public and on a secondary basis to private coast stations in Alaska for maritime repeater operations: Repeater receive: 157.275 MHz Repeater transmit: 161.875 MHz ( i ) Frequencies in the 1600-5450 kHz band for private communications in Alaska. The following simplex frequencies are available for assignment to private fixed stations located in the State of Alaska for radiotelephony communications with ship stations. These simplex frequencies are available for use by authorized ship stations for radiotelephony communications with private fixed stations located in the State of Alaska. Private communications in Alaska Carrier frequencies (kHz) 1619.0 3 2382.0 2563.0 1622.0 3 2419.0 2566.0 1643.0 3 2422.0 2590.0 1646.0 3 2427.0 2616.0 1649.0 3 2430.0 3258.0 1652.0 3 2447.0 1 3261.0 1705.0 3 2450.0 4366.0 1709.0 2479.0 4369.0 1712.0 2482.0 4396.0 2003.0 2506.0 4402.0 2006.0 2509.0 4420.0 2115.0 2512.0 4423.0 2118.0 2535.0 2 5167.5 2379.0 2538.0 1 Ship stations must limit use of 3261.0 kHz to communications over distances which cannot be reached by the use of frequency below 2700 kHz or above 156.000 MHz. 2 The frequency 5167.5 kHz is available for emergency communications in Alaska. Peak envelope power of stations operating on this frequency must not exceed 150 watts. When a station in Alaska is authorized to use 5167.5 kHz, such station may also use this frequency for calling and listening for the purpose of establishing communications. 3 Use of these frequencies is on a secondary basis to Region 2 broadcasting. ( j ) Frequencies for portable ship stations. VHF frequencies authorized for stations authorized carrier frequencies in the 156.275 MHz to 157.450 MHz and 161.575 MHz to 162.025 MHz bands may also be authorized as marine utility stations. Marine-utility stations on shore must not cause interference to any Automatic Identification System, VHF or coast station, VHF or UHF land mobile base station, or U.S. Government station. [ 51 FR 31213 , Sept. 2, 1986; 51 FR 34984 , Oct. 1, 1986] Editorial Note Editorial Note: For Federal Register citations affecting § 80.373 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 80.374 Provisions for frequencies in the 4000-4063 and the 8100-8195 kHz bands shared with the fixed service. Coast station assignments in the 4000-4063 kHz band deviate from international provisions. Coast station assignments in the 4000-4063 kHz band are permitted provided that such stations must not cause interference to, and must accept interference from, stations operated by other countries in accordance with the Radio Regulations. ( a ) Frequencies in the 4000-4063 kHz band. ( 1 ) The frequencies in the 4000-4063 kHz bands are available to ship and public coast stations for: ( i ) Supplementary ship-to-shore duplex operations with coast stations assigned the frequencies described in § 80.371(b) of this part ; ( ii ) Intership simplex operations and cross-band operations; ( iii ) Ship-to-shore or shore-to-ship simplex operations; or ( iv ) Duplex operations with coast stations assigned in the band 4438-4650 kHz, as described in § 80.373(d) of this part . ( 2 ) The following table describes the channelization of carrier frequencies in the 4000-4063 kHz band. Carrier Frequencies (kHz) 4000 4015 4030 4045 4003 4018 4033 4048 4006 4021 4036 4051 4009 4024 4039 4054 4012 4027 4042 4057 ( b ) Frequencies in the 8100-8195 kHz band. ( 1 ) The frequencies in the 8100-8195 kHz bands are available to ship and public coast stations for: ( i ) Supplementary ship-to-shore duplex operations with coast stations assigned the frequencies described in § 80.371(b) of this part ; ( ii ) Intership simplex operations and cross-band operations; or ( iii ) Ship-to-shore or shore-to-ship simplex operations. ( 2 ) The following table describes the channelization of carrier frequencies in the 8100-8195 kHz band. Carrier Frequencies (kHz) 8101 8137 8167 8104 8140 8170 8107 8143 8173 8110 8146 8176 8116 8149 8179 8119 8152 8182 8122 8155 8185 8125 8158 8188 8131 8161 8191 8134 8164 [ 56 FR 9896 , Mar. 8, 1991, as amended at 65 FR 77826 , Dec. 13, 2000; 68 FR 46970 , Aug. 7, 2003] Radiodetermination § 80.375 Radiodetermination frequencies. This section describes the carrier frequencies assignable to radiodetermination stations. Only direction finding radar stations will be authorized on land. ( a ) Direction finding frequencies. The carrier frequencies assignable to ship stations for directional finding operations are: Carrier Frequency 8364 kHz 121.500 MHz 243.00 MHz ( b ) Radiodetermination frequencies for cable-repair ships. Except in Region 1 the channels in the 285-325 kHz band are assignable to ship stations for cable-repair radiodetermination operations. In Region 1 the channels available for assignment for such operations are limited to the 285-315 kHz band. The conditions of use of these channels are set forth in subpart X of this part . Channel usage must comply with the following requirements: ( 1 ) They are not permitted within the territorial waters of a foreign country; ( 2 ) Their output power must not exceed 15 watts; and ( 3 ) They must not cause interference to any maritime station in the radionavigation service. ( c ) Radiodetermination frequencies below 500 MHz. The frequencies 154.585 MHz, 159.480 MHz, 160.725 MHz, 160.785 MHz, 454.000 MHz and 459.000 MHz are authorized for offshore radiolocation and associated telecommand operations under a ship station license provided: ( 1 ) The use of these frequencies is related to the ship's commercial operations; ( 2 ) The station antenna height does not exceed 6 meters (20 feet) above sea level in a buoy station or 6 meters (20 feet) above the mast of the ship in which it is installed. ( d ) Radiodetermination frequency bands above 2400 MHz. ( 1 ) The radiodetermination frequency bands assignable to ship and shore stations including ship and shore radar and transponder stations are as follows: 2450-2500 MHz; 2900-3100 MHz; 5460-5650 MHz; and 9300-9500 MHz. ( 2 ) Assignment of these bands to ship and coast stations are subject to the following conditions: ( i ) The 2450-2500 MHz band may be used only for radiolocation on the condition that harmful interference must not be caused to the fixed and mobile services. No protection is provided from interference caused by emissions from industrial, scientific, or medical equipment; ( ii ) The use of the 2900-3100 MHz, 5470-5650 MHz and 9300-9500 MHz bands for radiolocation must not cause harmful interference to the radionavigation and Government radiolocation services. Additionally, the use of the 2900-3000 MHz band for radiolocation must not cause harmful interference to the Government meteorological aids service. ( iii ) In the 2920-3100 MHz and 9320-9500 MHz bands the use of fixed-frequency transponders for radionavigation is not permitted; ( iv ) Non-Government radiolocation stations may be authorized in the 5460-5470 MHz band on the condition that harmful interference shall not be caused to the aeronautical or maritime radionavigation services or to Government radiolocation service; ( v ) The use of the 5460-5650 MHz band for radionavigation is limited to shipborne radar. ( e ) Search and rescue radar transponder stations. The technical standards for search and rescue transponder stations are in subpart W of this part . [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 7419 , Mar. 11, 1987; 55 FR 6394 , Feb. 23, 1990; 57 FR 26779 , June 16, 1992; 58 FR 44953 , Aug. 25, 1993; 68 FR 46970 , Aug. 7, 2003; 76 FR 67615 , Nov. 2, 2011] § 80.376 Radio buoy operations. Frequencies in the 1900-2000 kHz band are authorized for radio buoy operations under a ship radio station license provided: ( a ) The use of these frequencies is related to commercial fishing operations on the open sea and the Great Lakes; and ( b ) The output power does not exceed 8 watts and the station antenna height does not exceed 4.6 meters above sea level in a buoy station or 6 meters above the mast of the ship on which it is installed. [ 82 FR 27213 , June 14, 2017] Ship Earth Stations § 80.377 Frequencies for ship earth stations. The frequency band 1626.5-1645.5 MHz is assignable for communication operations and radiodetermination and telecommand messages that are associated with the position, orientation and operational functions of maritime satellite equipment. The frequency band 1645.5-1646.5 MHz is reserved for use in the Global Maritime Distress and Safety System (GMDSS). [ 78 FR 25175 , Apr. 29, 2013] Aircraft Stations § 80.379 Maritime frequencies assignable to aircraft stations. This section describes the maritime frequencies assignable to aircraft stations for simplex operations: ( a ) Available frequencies: Carrier frequency Conditions of use 2738 kHz (1) 2830 kHz (1) 3023 kHz (2) 4125 kHz (3) 5680 kHz (2) 121.500 MHz (4) 123.100 MHz (4) 156.300 MHz (5) 156.375 MHz (5) 156.400 MHz (5) 156.425 MHz (5) 156.450 MHz (5) 156.625 MHz (5) 156.800 MHz (5) 156.900 MHz (5) 157.100 MHz (6) 157.425 MHz (5)(7) ( b ) The conditions of use of the carrier frequencies in paragraph (a) of this section, are: ( 1 ) For permissible geographic areas of operation see § 80.373(b)(1) . For other limitations see § 80.373(b)(7) ; ( 2 ) Aircraft and ship stations may use 3023.0 kHz and 5680.0 kHz for search and rescue scene-of-action coordination including communications between these stations and participating land stations. Stations using these frequencies must use J3E emission; ( 3 ) Assignable for distress and safety communications between aircraft and maritime mobile stations; ( 4 ) Assignable for search and rescue between ships and aircraft. Stations using these frequencies must use A3E emission; ( 5 ) These frequencies may be used by aircraft stations when: ( i ) The altitude of aircraft stations does not exceed 300 meters (1,000 feet), except for reconnaissance aircraft participating in icebreaking operations where an altitude of 450 meters (1,500 feet) is allowed; ( ii ) The mean power of aircraft stations must not exceed five watts; ( iii ) Communications are limited to operations in which the maritime mobile stations are primarily involved and where direct communications between the aircraft and the ship or coast station is required; ( iv ) Stations may use 156.300 MHz for safety purposes only; ( v ) Stations may use 156.800 MHz for distress, safety and calling only; and ( vi ) Use of 156.375 MHz by aircraft is not permitted in the New Orleans VTS area specified in § 80.383 . ( 6 ) The use of 157.100 MHz is limited to communications with stations of the Department of Interior at Lake Mead, Nevada; and ( 7 ) Commercial fishing vessels and associated aircraft may use 157.425 MHz while engaged in commercial fishing activities except within 120 km (75 miles) of the United States/Canada border and Puget Sound and the Strait of Juan de Fuca and its approaches, the Great Lakes, and the St. Lawrence Seaway. [ 51 FR 31213 , Sept. 2, 1986, as amended at 58 FR 44953 , Aug. 25, 1993] Operational Fixed Stations § 80.381 Frequencies for operational fixed stations. The following carrier frequencies in the 72-76 MHz band are assignable to operational fixed stations using vertical polarization, if no harmful interference is caused to TV reception on Channels 4 and 5. These frequencies are shared with the Land Mobile and Aviation Radio Services. Operational Fixed Frequencies in the 72-76 MHz Band Carrier frequency in MHz 72.02 72.28 72.64 72.90 75.68 75.94 72.04 72.30 72.66 72.92 75.70 75.96 72.06 72.32 72.68 72.94 75.72 75.98 72.08 72.34 72.70 72.96 75.74 72.10 72.36 72.72 72.98 75.76 72.12 72.38 72.74 75.42 75.78 72.14 72.40 72.76 75.46 75.80 72.16 72.42 72.78 75.50 75.82 72.18 72.46 72.80 75.54 75.84 72.20 72.50 72.82 75.58 75.86 72.22 72.54 72.84 75.62 75.88 72.24 72.58 72.86 75.64 75.90 72.26 72.62 72.88 75.66 75.92 [ 51 FR 31213 , Sept. 2, 1986, as amended at 54 FR 40059 , Sept. 29, 1989] Vessel Traffic Services System (VTS) § 80.383 Vessel Traffic Services (VTS) system frequencies. This section describes the carrier frequencies available for use in the Coast Guard Vessel Traffic Services (VTS) systems within the designated geographic radio protected areas. ( a ) Assigned frequencies: Vessel Traffic Control Frequencies Carrier frequencies (MHz) Geographic areas 156.250 Seattle. 156.550 New York, New Orleans, 2 Houston, Prince William Sound, 2 Berwick Bay. 156.600 New York, New Orleans, 2 Houston, San Francisco, 2 Sault Ste. Marie. 2 156.700 New York, New Orleans, 2 Seattle, San Francisco. 1 1 Private coast station licenses for the use of this frequency will not be renewed beyond November 1, 1997. Continued use until expiration must be on a noninterference basis to Coast Guard VTS communications. 2 Private coast station licenses for the use of this frequency in this area will expire at the end of the current license term or five years after the adopted date of the final rule, whichever comes first. Continued use until expiration must be on a noninterference basis to Coast Guard VTS communications. ( b ) The U.S. Coast Guard designated radio protection areas for VTS are as follows: ( 1 ) New York. The rectangle between north latitudes 40 degrees and 42 degrees and west longitudes 71 degrees and 74 degrees 30 minutes; ( 2 ) New Orleans. The rectangle between North latitudes 27 degrees 30 minutes and 31 degrees 30 minutes and West longitudes 87 degrees 30 minutes and 93 degrees; ( 3 ) Houston. The rectangle between north latitudes 28 degrees 30 minutes and 30 degrees 20 minutes and west longitudes 93 degrees 30 minutes and 96 degrees; ( 4 ) Seattle (Puget Sound). The area encompassed between the United States-Canadian border and a line drawn from 49 degrees North 121 degrees West on the United States-Canadian Border, to 46 degrees 30 minutes North 121 degrees West, then to 46 degrees 30 minutes North 125 degrees West, then to 48 degrees 30 minutes North 125 degrees West, and then east to the United States-Canadian Border; ( 5 ) San Francisco. The rectangle between north latitudes 39 degrees and 37 degrees and west longitudes 120 degrees 50 minutes and 123 degrees 20 minutes; and ( 6 ) Prince William Sound. The rectangle between North latitudes 61 degrees 17 minutes and 59 degrees 22 minutes and West longitudes 149 degrees 39 minutes and 145 degrees 36 minutes. ( 7 ) Sault Ste. Marie. The rectangle between North latitudes 45 degrees and 47 degrees, and West longitudes 83 degrees and 85 degrees. ( 8 ) Berwick Bay. The rectangle between North latitudes 28 degrees 30 minutes and 30 degrees 30 minutes, and West longitudes 90 degrees 50 minutes and 92 degrees. ( c ) The use of the frequencies shown in paragraph (a) of this section is permitted in areas outside the Coast Guard radio protection areas provided there is no interference to VTS communications within the VTS areas. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 35245 , Sept. 18, 1987; 54 FR 8746 , Mar. 2, 1989; 55 FR 46514 , Nov. 5, 1990; 58 FR 16504 , Mar. 29, 1993; 61 FR 26120 , May 24, 1996; 61 FR 26466 , May 28, 1996; 63 FR 53313 , Oct. 5, 1998] Automated Systems § 80.385 Frequencies for automated systems. This section describes the carrier frequencies for the Automated Maritime Telecommunications System (AMTS) and for other automated multi-station systems. ( a ) Automated Maritime Telecommunications System (AMTS). ( 1 ) The Automated Maritime Communications System (AMTS) is an automated maritime telecommunications system. ( 2 ) The following carrier frequencies are available for assignment to public coast stations for public correspondence communications with ship stations and units on land. AMTS operations must not cause harmful interference to the U.S. Navy SPASUR system which operates in the band 216.880-217.080 MHz. Channel No. Carrier frequency (MHz) Ship transmit 1 3 Coast transmit 2 Group 101 216.0125 D 102 216.0375 103 216.0625 104 216.0875 105 216.1125 106 216.1375 107 216.1625 108 216.1875 109 216.2125 110 216.2375 111 216.2625 112 216.2875 113 216.3125 114 216.3375 115 216.3625 116 216.3875 117 216.4125 118 216.4375 119 216.4625 120 216.4875 121 216.5125 C 122 216.5375 123 216.5625 124 216.5875 125 216.6125 126 216.6375 127 216.6625 128 216.6875 129 216.7125 130 216.7375 131 216.7625 132 216.7875 133 216.8125 134 216.8375 135 216.8625 136 216.8875 137 216.9125 138 216.9375 139 216.9625 140 216.9875 141 219.0125 217.0125 B 142 219.0375 217.0375 143 219.0625 217.0625 144 219.0875 217.0875 145 219.1125 217.1125 146 219.1375 217.1375 147 219.1625 217.1625 148 219.1875 217.1875 149 219.2125 217.2125 150 219.2375 217.2375 151 219.2625 217.2625 152 219.2875 217.2875 153 219.3125 217.3125 154 219.3375 217.3375 155 219.3625 217.3625 156 219.3875 217.3875 157 219.4125 217.4125 158 219.4375 217.4375 159 219.4625 217.4625 160 219.4875 217.4875 161 219.5125 217.5125 A 162 219.5375 217.5375 163 219.5625 217.5625 164 219.5875 217.5875 165 219.6125 217.6125 166 219.6375 217.6375 167 219.6625 217.6625 168 219.6875 217.6875 169 219.7125 217.7125 170 219.7375 217.7375 171 219.7625 217.7625 172 219.7875 217.7875 173 219.8125 217.8125 174 219.8375 217.8375 175 219.8625 217.8625 176 219.8875 217.8875 177 219.9125 217.9125 178 219.9375 217.9375 179 219.9625 217.9625 180 219.9875 217.9875 1 Ship transmit frequencies in Groups C and D are not authorized for AMTS use. 2 Coast station operation on frequencies in Groups C and D are not currently assignable and are shared on a secondary basis with the Low Power Radio Service in part 95 of this chapter . Frequencies in the band 216.750-217.000 MHz band are available for low power point-to-point network control communications by AMTS coast stations under the Low Power Radio Service (LPRS). LPRS operations are subject to the conditions that no harmful interference is caused to the United States Navy's SPASUR radar system (216.88-217.08 MHz) or to TV reception within the Grade B contour of any TV channel 13 station or within the 68 dBu predicted contour of any low power TV or TV translator station operating on channel 13. 3 Ship transmit frequencies in Groups A and B are permitted to provide mobile-to-mobile communications where the written consent of all affected licensees is obtained. ( 3 ) As listed in the table in this paragraph (a)(3) , AMTS Areas (AMTSAs) are based on, and composed of one or more of, the U.S Department of Commerce's 172 Economic Areas (EAs). See 60 FR 13114 (March 10, 1995). In addition, the Commission shall treat Puerto Rico, the United States Virgin Islands, and the Gulf of Mexico as EA-like areas. The Gulf of Mexico EA extends from 12 nautical miles off the United States Gulf coast outward into the Gulf. See § 27.6(a)(2) of this chapter and 62 FR 9636 . Maps of the EAs and AMTSAs are available for public inspection through the Federal Communications Commission's Reference Information Center. These maps and data are also available on the FCC website at www.fcc.gov/oet/info/maps/areas/ . These maps and data are also available on the FCC Web site at www.fcc.gov/oet/info/maps/areas/ . The Group A and B frequency pairs listed in the table in paragraph (a)(2) of this section are available for assignment to a single licensee in each of the AMTSAs listed in the table in this paragraph (a)(3) . In addition to the listed EAs listed in the table in this paragraph (a)(3) , each AMTSA also includes the adjacent waters under the jurisdiction of the United States. AMTS areas (AMTSAs) AMTSAs EAs 1 (Northern Atlantic) 1-5, 10 9, 11-23, 25, 42, 46 2 (Mid-Atlantic) 24, 26-34, 37, 38, 40, 41, 174 3 (Southern Atlantic) 35, 36, 39, 43-45, 47-53, 67-107, 113, 116-120, 122-125, 127, 130-134, 176 6-8, 54-66, 108, 109 4 (Mississippi River) 160-165 147, 166-170 5 (Great Lakes) 172 6 (Southern Pacific) 171 110-112, 114-115, 121, 126, 128, 129, 135-146, 148-159 7 (Northern Pacific) 8 (Hawaii) 9 (Alaska) 10 (Mountain) ( 4 ) Channels in the 219-220 MHz band are also used on a secondary, non-interference basis by amateur stations participating in digital message forwarding systems. Amateur stations may not cause harmful interference to AMTS operations and must accept any harmful interference from AMTS operation. Amateur stations within 80 km (50 miles) of an AMTS coast station must obtain written approval from the AMTS licensee prior to operating in the 219-220 MHz band. Amateur stations within 640 km (398 miles) of an AMTS coast station must notify the AMTS licensee in writing at least 30 days prior to initiation of operations in the 219-220 MHz band. All amateur stations must notify the American Radio Relay League in writing at least 30 days prior to initiation of operations in the 219-220 MHz band (ARRL, 225 Main St., Newington, CT 06111-1494). ( b ) Subject to the requirements of § 1.924 of this chapter , §§ 80.215(h) , and 80.475(a) , each AMTS geographic area licensee may place stations anywhere within its region without obtaining prior Commission approval provided: ( 1 ) The AMTS geographic area licensee must locate its stations at least 120 kilometers from the stations of co-channel site-based AMTS licensees. Shorter separations between such stations will be considered by the Commission on a case-by-case basis upon submission of a technical analysis indicating that at least 18 dB protection will be provided to a site-based licensee's predicted 38 dBu signal level contour. The site-based licensee's predicted 38 dBu signal level contour shall be calculated using the F(50, 50) field strength chart for Channels 7-13 in § 73.699 (Fig. 10) of this chapter, with a 9 dB correction for antenna height differential. The 18 dB protection to the site-based licensee's predicted 38 dBu signal level contour shall be calculated using the F(50, 10) field strength chart for Channels 7-13 in § 73.699 (Fig. 10a) of this chapter, with a 9 dB correction factor for antenna height differential. ( 2 ) The locations and/or technical parameters of the transmitters are such that individual coordination of the channel assignment(s) with a foreign administration, under applicable international agreements and rules in this part, is not required. ( 3 ) For any construction or alteration that would exceed the requirements of § 17.7 of this chapter , licensees must notify the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1) and file a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the FCC, Attn: Information Processing Branch, 1270 Fairfield Rd., Gettysburg, PA 17325-7245. ( 4 ) The transmitters must not have a significant environmental effect as defined by §§ 1.1301 through 1.1319 of this chapter . ( c ) Any recovered frequency blocks will revert automatically to the holder of the geographic area license within which such frequencies are included. Any frequency blocks recovered where there is no geographic area licensee will be retained by the Commission for future licensing. [ 51 FR 31213 , Sept. 2, 1986, as amended at 54 FR 29041 , July 11, 1989; 56 FR 3783 , Jan. 31, 1991; 57 FR 26780 , June 16, 1992; 60 FR 15687 , Mar. 27, 1995; 61 FR 46566 , Sept. 4, 1996; 67 FR 48565 , July 25, 2002; 69 FR 19948 , Apr. 15, 2004; 69 FR 44471 , July 26, 2004; 73 FR 4486 , Jan. 25, 2008; 75 FR 10692 , Mar. 9, 2010 ; 85 FR 64409 , Oct. 13, 2020; 88 FR 21449 , Apr. 10, 2023] Alaska Fixed Stations § 80.387 Frequencies for Alaska fixed stations. ( a ) The carrier frequencies listed in (b) of this section are assignable for point-to-point simplex radiotelephone communications between private fixed stations in Alaska. The frequency pairs listed in paragraph (d) of this section are assignable for point-to-point duplex radiotelephone communications between private and public fixed stations in Alaska. Fixed stations in Alaska authorized to share carrier frequencies with the maritime mobile service must always give priority on such frequencies to maritime distress, urgency and safety communications. ( b ) Alaska private-fixed station frequencies: Carrier Frequencies (kHz) 1643.0 4 2430.0 2773.0 1646.0 4 2447.0 3164.5 1649.0 4 2450.0 3183.0 1652.0 4 2463.0 3196.0 1657.0 4 2466.0 3201.0 1660.0 1 4 2471.0 3258.0 1705.0 4 2479.0 3261.0 1709.0 2482.0 3303.0 1712.0 2506.0 3365.0 2003.0 2509.0 4035.0 2006.0 2512.0 5164.5 2115.0 2535.0 3 5167.5 2118.0 2538.0 5204.5 2253.0 2563.0 2 6948.5 2400.0 2566.0 2 7368.5 2419.0 2601.0 8067.0 2422.0 2616.0 8070.0 2427.0 2691.0 2 11437.0 2 5 11601.5 1 Use of 1660.0 kHz must be coordinated to protect radiolocation on adjacent channels. 2 Peak envelope power must not exceed 1 kW for radiotelephony. Teleprinter use is authorized. 3 The frequency 5167.5 kHz is available for emergency communications in Alaska. Peak envelope power of stations operating on this frequency must not exceed 150 watts. When a station in Alaska is authorized to use 5167.5 kHz, such station may also use this frequency for calling and listening for the purpose of establishing communications. 4 Use of these frequencies is on a secondary basis to Region 2 broadcasting. 5 After April 1, 2007, use of the frequency 11601.5 kHz shall be on the condition that harmful interference is not caused to HF broadcasting. ( c ) Use of the frequencies in paragraph (b) of this section must meet the following conditions: ( 1 ) Communications between private coast and private fixed stations are prohibited; and ( 2 ) Station licensees must not charge for third party communication services between their station and any other private fixed station. ( d ) The following carrier frequency pairs are assignable for point-to-point communications between public fixed and private fixed stations: Public fixed station frequencies (kHz) Private fixed Station frequencies (kHz) 1 2312.0 2632.0 2604.0 2256.0 2781.0 3 2474.0 2784.0 2694.0 3167.5 3354.0 3180.0 2776.0 3241.0 3357.0 3362.0 3238.0 2 4791.5 5207.5 5370.0 4 5134.5, 4 5137.5 1 This frequency is assignable on a primary basis to public coast stations and on a secondary basis to public fixed stations. 2 Teleprinter use is authorized. 3 Peak envelope power must not exceed 1 kW. 4 Licensees must cease all communications on 5134.5 kHz and 5137.5 kHz when notified by the State of Alaska of an emergency or disaster. Licensees may resume communication on these frequencies when notified by the State of Alaska that the disaster or harmful interference has ended. ( e ) The public fixed station frequencies are assignable to common carriers. ( f ) The private fixed station frequencies described in paragraph (d) of this section are assignable to private entities located in areas where common carrier facilities are not available. Private fixed stations operating on the frequencies in paragraph (d) of this section, must communicate with public fixed stations only. Private fixed stations are permitted to provide third party communications between their station and the public fixed stations. A charge for such service is prohibited. ( g ) U.S. Government frequencies will be authorized if the Commission determines that the assignment is in the public interest. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 35245 , Sept. 18, 1987; 56 FR 34030 , July 25, 1991; 68 FR 25540 , May 13, 2003] Maritime Support Stations § 80.389 Frequencies for maritime support stations. ( a ) Marine receiver test. Maritime support stations will be authorized to conduct receiver tests on the ship station frequencies of the channels assigned to the associated public coast station. ( b ) Shore radar and radiolocation tests. The following frequency bands are available for assignment to demonstrate radar and radiolocation equipment. The use of frequencies within these bands must not cause harmful interference to the radionavigation service and the Government radiolocation service: 2450-2500 MHz, 2900-3100 MHz, 5460-5650 MHz, 9300-9500 MHz, 14.0-14.05 GHz. Developmental Stations AIS Stations § 80.393 Frequencies for AIS stations. Automatic Identification Systems (AIS) are a maritime broadcast service. The simplex channels at 156.775 MHz (AIS 3), 156.825 MHz (AIS 4), 161.975 MHz (AIS 1), and 162.025 MHz (AIS 2), each with a 25 kHz bandwidth, may be authorized only for AIS. In accordance with the Maritime Transportation Security Act, the United States Coast Guard regulates AIS carriage requirements for non-Federal Government ships. These requirements are codified at 33 CFR 164.46 , 401.20 . [ 82 FR 27213 , June 14, 2017] Subpart I—Station Documents § 80.401 Station documents requirement. Licensees of radio stations are required to have current station documents as indicated in the following table: Notes: 1. The expired station license must be retained in the station records until the first Commission inspection after the expiration date. 2. Alternatively, a list of coast stations maintained by the licensee with which communications are likely to be conducted, showing watch-keeping hours, frequencies and charges, is authorized. 3. Required only if station provides a service to ocean-going vessels. 4. Certification of a Great Lakes inspection may be made by either a log entry or issuance of a Great Lakes certificate. The ship's radiotelephone logs containing entries certifying that a Great Lakes safety inspection has been conducted must be retained on board and available for inspection until the next radio inspection. 5. The requirements for having the GMDSS Master Plan, NGA Publication 117, Admiralty List of Radio Signals or IMO Circ. 7 are satisfied by having any one of those four documents. [ 88 FR 77220 , Nov. 9, 2023] § 80.403 Availability of documents. Station documents must be readily available to the licensed operator(s) on duty during the hours of service of the station and to authorized Commission employees upon request. § 80.405 Station license. ( a ) Requirement. Except as provided in § 80.13(c) , stations must have an authorization granted by the Federal Communications Commission. ( b ) Application. Application for authorizations in the maritime services must be submitted on the prescribed forms in accordance with subpart B of this part . ( c ) Posting. ( 1 ) The current station authorization for a station other than a public coast station, or a clearly legible copy, must be posted at the principal control point of each station. If a copy is posted, it must indicate the location of the original. When the station license cannot be posted as in the case of a marine utility station operating at temporary unspecified locations or the ship or recreational boat does not have an enclosed wheelhouse, it must be kept where it will be readily available for inspection. The licensee of a station on board a ship subject to Part II or III or Title III of the Communications Act or the Safety Convention must retain the most recently expired ship station license in the station records until the first Commission inspection after the expiration date. ( 2 ) Public coast stations authorized under this part must make available either a clearly legible copy of the authorization for each station at the principal control point of the station or an address or location where the current authorization may be found and a telephone number of that authorization's representative. [ 51 FR 31213 , Sept. 2, 1986, as amended at 62 FR 40307 , July 28, 1997; 68 FR 46972 , Aug. 7, 2003; 69 FR 64676 , Nov. 8, 2004] § 80.407 Operator authorization. This section contains information and rules pertinent to the application for and posting of radio operator authorizations. Rules applicable to radio operator requirements are contained in subpart D of this part and other rules pertinent to commercial radio operators are contained in part 13 of this chapter . ( a ) Application. Detailed information about application forms, filing procedures, and places to file applications for radio operator authorizations is contained in the bulletin “Commercial Radio Operator Licenses and Permits.” This bulletin is available from any Commission District Office or from the FCC, Washington, DC 20554. ( b ) Posting. When a Commission-authorized operator is required, the original authorization of each operator must be posted at the principal control point of the station. In lieu of posting, an operator who holds a restricted radiotelephone operator permit or a higher class operator license may have the operator authorization or a photocopy thereof available for inspection upon request by authorized Commission employees when operating the following: ( 1 ) A voluntary station; ( 2 ) Any class of ship station when the operator is on board solely to service the radio equipment; or ( 3 ) A portable station. § 80.409 Station logs. ( a ) General requirements. Logs must be established and properly maintained as follows: ( 1 ) The log must be kept in an orderly manner. The log may be kept electronically or in writing. The required information for the particular class or category of station must be readily available. Key letters or abbreviations may be used if their proper meaning or explanation is contained elsewhere in the same log. ( 2 ) Erasures, obliterations, or willful destruction of written logs, or deletions of data or willful destruction of computer files or computer hardware containing electronic logs, is prohibited during the retention period. Corrections may be made only by the person originating the entry by striking out the error, initialing the correction and indicating the date of correction. With respect to electronic logs, striking out the error is to be accomplished using a strike-through formatting effect or a similar software function, and the correction is to be acknowledged through a dated electronic signature at the location of the strike-through. ( 3 ) Ship station logs must identify the vessel name, country of registry, and official number of the vessel. ( 4 ) The station licensee and the radio operator in charge of the station are responsible for the maintenance of station logs. ( b ) Availability and retention. Station logs must be made available to authorized Commission employees upon request and retained as follows: ( 1 ) Logs must be retained by the licensee for a period of two years from the date of entry, and, when applicable, for such additional periods as required by the following paragraphs: ( i ) Logs relating to a distress situation or disaster must be retained for three years from the date of entry. ( ii ) If the Commission has notified the licensee of an investigation, the related logs must be retained until the licensee is specifically authorized in writing to destroy them. ( iii ) Logs relating to any claim or complaint of which the station licensee has notice must be retained until the claim or complaint has been satisfied or barred by statute limiting the time for filing suits upon such claims. ( 2 ) Logs containing entries required by paragraph (c) of this section must be kept either at the principal control point of the station or electronically filed at the station licensee's primary office or available to the Commission via secured access to the licensee's Internet web site. Logs containing entries required by paragraphs (e) and (f) of this section must be kept at the principal radiotelephone operating location while the vessel is being navigated. All entries in their original form must be retained on board the vessel for at least 30 days from the date of entry. Additionally, logs required by paragraph (f) of this section must be retained on board the vessel for a period of 2 years from the date of the last inspection of the ship radio station. ( 3 ) Ship radiotelegraph logs must be kept in the principal radiotelegraph operating room during the voyage. ( c ) Public coast station logs. Public coast stations must maintain a log, whether by means of written or automatic logging or a combination thereof. The log must contain the following information: ( 1 ) “ON DUTY” must be entered by the operator beginning a duty period, followed in the case of a written log by the operator's signature. “OFF DUTY” must be entered by the operator being relieved of or terminating duty, followed in the case of a written log by the operator's signature. ( 2 ) The date and time of making an entry must be shown opposite the entry. ( 3 ) Failure of equipment to operate as required and incidents tending to unduly delay communication must be entered. ( 4 ) All measurements of the transmitter frequency(ies) must be entered with a statement of any corrective action taken. ( 5 ) Entries must be made giving details of all work performed which may affect the proper operation of the station. The entry must be made, dated and in the case of a written log signed by the operator who supervised or performed the work and, unless the operator is regularly employed on a full-time basis at the station, must also include the mailing address, class, serial number, and expiration date of the operator license. ( 6 ) Entries must be made about the operation of the antenna tower lights when the radio station has an antenna structure requiring illumination by part 17 of this chapter . ( 7 ) All distress or safety related calls transmitted or received must be entered, together with the frequency used and the position of any vessel in need of assistance. ( d ) Ship radiotelegraph logs. Logs of ship stations which are compulsorily equipped for radiotelegraphy and operating in the band 90 to 535 kHz must contain log entries as follows: ( 1 ) The date and time of each occurrence or incident required to be entered in the log must be shown opposite the entry and the time must be expressed in Coordinated Universal Time (UTC). ( 2 ) “ON WATCH” must be entered by the operator beginning a watch, followed by the operator's signature for stations maintaining written logs. “OFF WATCH” must be entered by the operator being relieved or terminating a watch, followed by the operator's signature for stations maintaining written logs. All log entries must be completed by the end of each watch. ( 3 ) During the watch, all calls and replies to and from the station must be entered to include the time, frequencies, and call letters of the station communicated with or heard. Also, any messages exchanged must be entered to include the time, frequency, and call letters of the station(s) communicated with or heard. ( 4 ) All distress calls, automatic-alarm signals, urgency and safety signals made or intercepted, the complete text, if possible, or distress messages and distress communications, and any incidents or occurrences which may appear to be of importance to safety of life or property at sea, must be entered, together with the time of such observation or occurrence and the position of the ship or other mobile unit in need of assistance. ( 5 ) The position of the ship at least once per day. ( 6 ) A daily entry must be made comparing the radio station clock with standard time, including errors observed and corrections made. For this purpose, authentic radio time signals received from land or fixed stations will be acceptable as standard time. ( 7 ) All test transmissions must be entered, including the time of the transmissions and the approximate geographical location of the vessel. ( 8 ) Any failure of equipment to operate as required and any incidents tending to unduly delay communications must be entered. ( e ) Ship radiotelephone logs. Logs of ship stations which are compulsorily equipped for radiotelephony must contain the following applicable log entries and the time of their occurrence: ( 1 ) A summary of all distress and urgency communications affecting the station's own ship, all distress alerts relayed by the station's own ship, and all distress call acknowledgements and other communications received from search and rescue authorities. ( 2 ) A summary of safety communications on other than VHF channels affecting the station's own ship. ( 3 ) The time of any inadvertent transmissions of distress, urgency and safety signals including the time and method of cancellation. ( 4 ) An entry that pre-departure equipment checks were satisfactory and that required publications are on hand. Daily entries of satisfactory tests to ensure the continued proper functioning of GMDSS equipment shall be made. ( 5 ) A daily statement about the condition of the required radiotelephone equipment, as determined by either normal communication or test communication; ( 6 ) A weekly entry that: ( i ) The proper functioning of digital selective calling (DSC) equipment has been verified by actual communications or a test call; ( ii ) The portable survival craft radio gear and radar transponders have been tested; and ( iii ) The EPIRBs have been inspected. ( 7 ) An entry at least once every thirty days that the batteries or other reserve power sources have been checked and are functioning properly. ( 8 ) Results of required equipment tests, including specific gravity of lead-acid storage batteries and voltage reading of other types of batteries provided as a part of the compulsory installation; ( 9 ) Results of inspections and tests of compulsorily fitted lifeboat radio equipment; ( 10 ) When the master is notified about improperly operating radiotelephone equipment. ( 11 ) At the beginning of each watch, the Officer of the Navigational Watch, or GMDSS Operator on watch, if one is provided, shall ensure that the navigation receiver is functioning properly and is interconnected to all GMDSS alerting devices which do not have integral navigation receivers, including: VHF DSC, MF DSC, satellite EPIRB and HF DSC or INMARSAT SES. On a ship without integral or directly connected navigation receiver input to GMDSS equipment, the Officer of the Navigational Watch, or GMDSS Operator on watch, shall update the embedded position in each equipment. An appropriate log entry of these actions shall be made. ( 12 ) An entry describing any malfunctioning GMDSS equipment and another entry when the equipment is restored to normal operation. ( 13 ) A GMDSS radio log entry shall be made whenever GMDSS equipment is exchanged or replaced (ensuring that ship MMSI identifiers are properly updated in the replacement equipment), when major repairs to GMDSS equipment are accomplished, and when annual GMDSS inspections are conducted. ( f ) Applicable radiotelephone log entries. The log entries listed in paragraph (e) of this section are applicable as follows (vessels subject to the Global Maritime Distress and Safety System (GMDSS) should also refer to subpart W of this Part for additional guidance on maintenance of station logs): ( 1 ) Radiotelephony stations subject to part II or III of title III of the Communications Act and/or the Safety Convention must record entries indicated by paragraphs (e)(1) through (13) of this section. Additionally, the radiotelephone log must provide an easily identifiable, separate section relating to the required inspection of the ship's radio station. Entries must be made in this section giving at least the following information. ( i ) For ships that pass the inspection: ( A ) The date the inspection was conducted. ( B ) The date by which the next inspection needs to completed. ( C ) The inspector's printed name, address and class of FCC license (including the serial number). ( D ) The results of the inspection, including any repairs made. ( E ) The inspector's signed and dated certification that the vessel meets the requirements of the Communications Act and, if applicable, the Safety Convention and the Bridge-to-Bridge Act contained in subparts R , S , U , or W of this part and has successfully passed the inspection. ( F ) The vessel owner, operator, or ship's master's certification that the inspection was satisfactory. ( ii ) For ships that fail the inspection: ( A ) The date the inspection was conducted. ( B ) The inspector's printed name, address and class of FCC license (including the serial number). ( C ) The reason that the ship did not pass the inspection. ( D ) The date and time that the ship's owner, operator or master was notified that the ship failed the inspection. ( 2 ) Radiotelephony stations subject to subpart T of this part and the Bridge-to-Bridge Act must record entries indicated by paragraphs (e)(1) , (3) , (5) , (6) , (7) , (8) , (10) , (11) , and (13) of this section. Additionally, the radiotelephone log must provide an easily identifiable, separate section relating to the required inspection of the ship's radio station. Entries must be made in this section giving at least the following information: ( i ) The date the inspection was conducted; ( ii ) The date by which the next inspection needs to be completed; ( iii ) The inspector's printed name, address and class of FCC license (including the serial number); ( iv ) The results of the inspection, including any repairs made; ( v ) The inspector's signed and dated certification that the vessel meets the requirements for certain vessels operating in the Great Lakes and of the Bridge-to-Bridge Act contained in subparts T and U of this part and has successfully passed the inspection; and ( vi ) The vessel owner, operator, or ship's master's certification that the inspection was satisfactory. ( 3 ) Radiotelephony stations subject to the Bridge-to-Bridge Act must record entries indicated by paragraphs (e)(1) , (3) , (5) (6) , (7) , (10) , and (11) of this section. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 35245 , Sept. 18, 1987; 54 FR 40059 , Sept. 29, 1989; 61 FR 25807 , May 23, 1996; 63 FR 29659 , June 1, 1998; 68 FR 46972 , Aug. 7, 2003; 69 FR 64676 , Nov. 8, 2004; 73 FR 4486 , Jan. 25, 2008; 78 FR 23156 , Apr. 18, 2013; 88 FR 77221 , Nov. 9, 2023] § 80.411 Vessel certification or exemption. ( a ) Application. The application procedures for inspection and certification and for exemptions are contained in § 80.59 . ( b ) Posting. Part II or III of Title III of the Communications Act, Safety Convention, and Great Lakes certificates or exemptions must be posted in a prominent, accessible place in the ship. Ships subject to subpart T of this part may, in lieu of a posted certificate, certify compliance in the station log required by § 80.409(f) . [ 51 FR 31213 , Sept. 2, 1986, as amended at 61 FR 25807 , May 23, 1996; 88 FR 77222 , Nov. 9, 2023] § 80.413 On-board station equipment records. ( a ) The licensee of an on-board station must keep equipment records which show: ( 1 ) The ship name and identification of the on-board station; ( 2 ) The number and type of repeater and mobile units used on-board the vessel; and ( 3 ) The date and type of equipment which is added or removed from the on-board station. ( b ) [Reserved] § 80.415 Publications. ( a ) The following publications listed in the table contained in § 80.401 are published by the International Telecommunications Union (ITU): ( 1 ) Manual for Use of the Maritime Mobile and Maritime Mobile-Satellite Services. ( 2 ) List IV—List of Coast Stations. ( 3 ) List V—List of Ship Stations. ( 4 ) List VI—List of Radiodetermination and Special Services Stations. ( 5 ) List VII A—Alphabetical List of Call Signs of Stations Used by the Maritime Mobile Service, Ship Station Selective Call Numbers or Signals and Coast Station Identification Numbers or Signals. These publications may be purchased from: International Telecommunication Union, General Secretariat-Sales Section, Place des Nations, CH-1211 Geneva 20, Switzerland ( b ) The following publications listed in the table contained in § 80.401 are available as follows: ( 1 ) IMO GMDSS Master Plan may be purchased from International Maritime Organization (IMO), Publications, 4 Albert Embankment, London SE1 7 SR, United Kingdom; telephone 011 44 71 735 7611. ( 2 ) U.S. NGA Publication 117 may be purchased from Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954, telephone 202-512-1800. ( 3 ) The Admiralty List of Radio Signals, Volume 5—Global Maritime Distress and Safety System, may be purchased from UK Hydrographic Office, Admiralty Way, Tauton, Somerset TA1 2DN, United Kingdom, telephone + 44 (0)1823 337900 x3333. [ 51 FR 31213 , Sept. 2, 1986, as amended at 68 FR 46972 , Aug. 7, 2003; 78 FR 23157 , Apr. 18, 2013] § 80.417 FCC Rules and Regulations. The Commission's printed publications are described in subpart C of part 0 of this chapter . These publications may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. The Commission does not furnish copies of these publications but will furnish a price list, Information Services and Publications—Bulletin No. 1, upon request. Requests for copies of this list may be directed to the Consumer Information Bureau, Consumer Information Network Division. Information bulletins and fact sheets containing information about communications issues and the Federal Communications Commission are also available on the Commission's web site at www.fcc.gov or ftp.fcc.gov. [ 68 FR 46972 , Aug. 7, 2003] Subpart J—Public Coast Stations Stations on Land § 80.451 Supplemental eligibility requirements. A public coast station license may be granted to any person meeting the citizenship provisions of § 80.15(b) . § 80.453 Scope of communications. Public coast stations provide ship/shore radiotelephone and radiotelegraph services. ( a ) Public coast stations are authorized to communicate: ( 1 ) With any ship or aircraft station operating in the maritime mobile service, for the transmission or reception of safety communication; ( 2 ) With any land station to exchange safety communications to or from a ship or aircraft station; ( 3 ) With Government and non-Government ship and aircraft stations to exchange public correspondence; ( 4 ) With units on land in accordance with § 80.123 . ( b ) Public coast stations are authorized to communicate with a designated station at a remote fixed location where other communication facilities are not available. ( c ) Public coast stations are authorized to transmit meteorological and navigational information of benefit to mariners. ( d ) Each public coast telegraphy station is authorized to communicate with other public coast telegraphy stations to exchange message traffic destined to or originated at mobile stations: ( 1 ) To exchange operating signals, brief service messages or safety communication; ( 2 ) To exchange message traffic destined for a mobile station when the coast station initially concerned is unable to communicate directly with the mobile station; ( 3 ) In the Great Lakes region, to exchange message traffic originated at a mobile station when the use of available point-to-point communication facilities would delay the delivery of such message traffic; ( 4 ) Utilization of radiotelegraphy must not incur additional charges or replace available point-to-point communication facilities; ( 5 ) Only authorized working frequencies within the band 415 kHz to 5000 kHz must be employed for communications between coast stations; ( 6 ) Harmful interference must not be caused to communication between mobile stations and coast stations or between mobile stations. [ 51 FR 31213 , Sept. 2, 1986, as amended at 62 FR 40307 , July 28, 1997] Use of Telegraphy § 80.455 Assignment and use of frequencies for manual Morse code telegraphy. ( a ) The frequencies designated in §§ 80.355 and 80.357 may be licensed for use by coast stations employing telegraphy. ( b ) [Reserved] § 80.459 Digital selective calling. Subpart H of this part lists frequencies assignable for DSC. § 80.461 Narrow-band direct-printing. Subpart H of this part lists the frequencies assignable to public coast stations for operations with ship stations. Operating procedures are listed in subpart C of this part . Use of Telephony § 80.465 Assignment and use of frequencies for telephony. Subpart H of this part lists the frequencies available for assignment to public coast stations for telephony operations. § 80.467 Duplication of VHF service. No duplication of service areas as determined by subpart P of this part will be permitted by public coast stations operating on the same VHF public correspondence channel. Within the service area of a station, the ratio of desired to undesired co-channel signal strengths on public correspondence channels must be at least 12dB. § 80.469 Maritime mobile repeater stations in Alaska. ( a ) Maritime mobile repeater stations are authorized to extend the range of communication between a VHF public coast station located in Alaska and ship stations. ( b ) On a secondary basis, maritime mobile repeater stations may be authorized to extend the range of a private coast station: ( 1 ) In an area where VHF common carrier service is not available; ( 2 ) A maritime mobile repeater station license expires 60 days after a public coast station in the area begins service. ( c ) Maritime mobile repeater stations may not be authorized in cases where operational fixed frequencies can be employed. ( d ) The provisions relating to duplication of service described in subpart P apply to maritime mobile repeater stations. ( e ) The frequencies 157.275 and 161.875 MHz are assignable to maritime mobile repeater stations. ( f ) Each maritime mobile repeater station must: ( 1 ) Deactivate automatically within 5 seconds after the signals controlling the station cease; and ( 2 ) During periods when it is not controlled from a manned control point, deactivate automatically not more than 20 minutes after its activation by a mobile unit. [ 51 FR 31213 , Sept. 2, 1986, as amended at 63 FR 68956 , Dec. 14, 1998] § 80.471 Discontinuance or impairment of service. Except as specified in § 20.15(b)(3) of this chapter with respect to commercial mobile radio service providers, a public coast station must not discontinue or impair service unless authorized to do so by the Commission. [ 69 FR 64676 , Nov. 8, 2004] Automated Systems § 80.475 Scope of service of the Automated Maritime Telecommunications System (AMTS). ( a ) A separate Form 601 is not required for each coast station in a system. However, except as provided in § 80.385(b) and paragraph (b) of this section, the applicant must provide the technical characteristics for each proposed coast station, including transmitter type, operating frequencies, emissions, transmitter output power, antenna arrangement, and location. ( 1 ) Applicants proposing to locate a coast station transmitter within 169 kilometers (105 miles) of a channel 13 TV station or within 129 kilometers (80 miles) of a channel 10 TV station or with an antenna height greater than 61 meters (200 feet), must submit an engineering study clearly showing the means of avoiding interference with television reception within the grade B contour, see § 80.215(h) of this chapter , unless the proposed station's predicted interference contour is fully encompassed by the composite interference contour of the applicant's existing system, or the proposed station's predicted interference contour extends the system's composite interference contour over water only (disregarding uninhabited islands). ( 2 ) Additionally, applicants required to submit the above specified must give written notice of the filing of such applications(s) to the television stations which may be affected. A list of the notified television stations must be submitted with the subject applications. ( b ) Coast stations for which the above specified need not be submitted because the proposed station's predicted interference contour is fully encompassed by the composite interference contour of the applicant's existing system or the proposed station's predicted interference contour extends the system's composite interference contour over water only (disregarding uninhabited islands) must, at least 15 days before the station is put into operation, give written notice to the television stations which may be affected of the proposed station's technical characteristics, the date it will be put into operation, and the licensee's representative (name and phone number) to contact in the event a television station experiences interference. No prior FCC authorization is required to construct and operate such a station, but, at the time the station is added, the AMTS licensee must make a record of the technical and administrative information concerning the station and, upon request, supply such information to the FCC. In addition, when the station is added, the AMTS licensee must send notification of the station's location to the American Radio Relay League, Inc., 225 Main Street, Newington, CT 06111-1494, and Interactive Systems, Inc., Suite 1103, 1601 North Kent Street, Arlington, VA 22209. ( c ) An AMTS system may provide private mobile radio service in addition to or instead of public correspondence service. However, such communications may be provided only to stations whose licensees make cooperative arrangements with the AMTS coast station licensees. In emergency and distress situations, services must be provided to ship stations without prior arrangements. ( d ) AMTS systems providing private mobile radio service instead of, or in addition to, public correspondence service are not required to be interconnected to the public switched network when providing such private mobile radio service. AMTS systems providing public correspondence service must be interconnected to the public switched network, but the licensee may also offer non-interconnected services. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 35245 , Sept. 18, 1987; 56 FR 3783 , Jan. 31, 1991; 65 FR 77826 , Dec. 13, 2000; 67 FR 48567 , July 25, 2002; 69 FR 19948 , Apr. 15, 2004; 72 FR 31194 , June 6, 2007] § 80.477 AMTS points of communication. ( a ) AMTS coast stations may communicate with fixed platform stations located in the offshore waters of the Gulf of Mexico, with ship stations, and with land units in accordance with § 80.123 . ( b ) AMTS licensees in the offshore waters of the Gulf of Mexico may use AMTS coast and ship station frequencies on a secondary basis for fixed service communications to support offshore AMTS operations. ( c ) AMTS service may be provided to any vessel within communication service range of an AMTS station even though the vessel may not be operating within the confines of a served waterway. ( d ) AMTS licensees may use AMTS coast and ship frequencies on a secondary basis for fixed service communications to support AMTS deployment in remote fixed locations at which other communications facilities are not available. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 35245 , Sept. 18, 1987; 62 FR 40307 , July 28, 1997; 65 FR 77827 , Dec. 13, 2000] § 80.479 Assignment and use of frequencies for AMTS. ( a ) The frequencies assignable to AMTS stations are listed in subpart H of this subpart. ( b ) The transmissions from a station of an AMTS geographic area licensee may not exceed a predicted 38 dBu field strength at the geographic area border, unless all affected co-channel geographic area licensees agree to the higher field strength. The predicted 38 dBu field strength is calculated using the F(50, 50) field strength chart for Channels 7 through 13 in § 73.699 (Fig. 10) of this chapter, with a 9 dB correction factor for antenna height differential. Geographic area licensees must coordinate to minimize interference at or near their geographic area borders, and must cooperate to resolve any instances of interference in accordance with the provisions of § 80.70(a) . ( c ) AMTS frequencies may be used for mobile-to-mobile communications if written consent is obtained from all affected licensees. [ 67 FR 48567 , July 25, 2002, as amended at 72 FR 31194 , June 6, 2007] § 80.481 Alternative technical parameters for AMTS transmitters. In lieu of the technical parameters set forth in this part, AMTS transmitters may utilize any modulation or channelization scheme so long as emissions are attenuated in accordance with § 80.211 at the band edges of each station's assigned channel group or groups. [ 65 FR 77827 , Dec. 13, 2000] Subpart K—Private Coast Stations and Marine Utility Stations § 80.501 Supplemental eligibility requirements. ( a ) A private coast station or a marine utility station may be granted only to a person who is: ( 1 ) Regularly engaged in the operation, docking, direction, construction, repair, servicing or management of one or more commercial transport vessels or United States, state or local government vessels; or is ( 2 ) Responsible for the operation, control, maintenance or development of a harbor, port or waterway used by commercial transport vessels; or is ( 3 ) Engaged in furnishing a ship arrival and departure service, and will employ the station only for the purpose of obtaining the information essential to that service; or is ( 4 ) A corporation proposing to furnish a nonprofit radio communication service to its parent corporation, to another subsidiary of the same parent, or to its own subsidiary where the party to be served performs any of the eligibility activities described in this section; or is ( 5 ) A nonprofit corporation or association, organized to furnish a maritime mobile service solely to persons who operate one or more commercial transport vessels; or is ( 6 ) Responsible for the operation of bridges, structures or other installations that area part of, or directly related to, a harbor, port or waterway when the operation of such facilities requires radio communications with vessels for safety or navigation; or is ( 7 ) A person controlling public moorage facilities; or is ( 8 ) A person servicing or supplying vessels other than commercial transport vessels; or is ( 9 ) An organized yacht club with moorage facilities; or is ( 10 ) A nonprofit organization providing noncommercial communications to vessels other than commercial transport vessels. ( b ) Each application for station authorization for a private coast station or a marine utility station must be accompanied by a statement indicating eligibility under paragraph (a) of this section. § 80.503 Cooperative use of facilities. ( a ) A person engaged in the operation of one or more commercial transport vessels or government vessels may receive maritime mobile service from a private coast station or a marine utility station on shore even though not the licensee of the private coast station or the marine utility station. Restrictions on cooperative arrangements are as follows: ( 1 ) Foreign persons must be the licensees of the radio stations installed on board their vessels. ( 2 ) The licensee of a private coast station or marine utility station on shore may install ship radio stations on board United States commercial transport vessels of other persons. In each case these persons must enter into a written agreement verifying that the ship station licensee has the sole right of control of the ship stations, that the vessel operators must use the ship stations subject to the orders and instructions of the coast station or marine utility station on shore, and that the ship station licensee will have sufficient control of the ship station to enable it to carry out its responsibilities under the ship station license. ( b ) Cooperative arrangements are limited concerning cost and charges as follows: ( 1 ) The arrangement must be established on a non-profit, cost-sharing basis by written contract. A copy of the contract must be kept with the station records and made available for inspection by Commission representatives. ( 2 ) Contributions to capital and operating expenses are to be prorated on an equitable basis among all persons who are parties to the cooperative arrangement. Records which reflect the cost of the service and its nonprofit, cost-sharing nature must be maintained by the licensee of the station and made available for inspection by Commission representatives. § 80.505 Points of communication. ( a ) Private coast stations and marine utility stations are authorized to communicate: ( 1 ) With any mobile station in the maritime mobile service for the exchange of safety communications; ( 2 ) With any land station for the purpose of aiding the exchange of safety communications; ( 3 ) With ship stations. ( b ) Private coast stations of the same licensee may be authorized to communicate on a secondary basis between themselves if: ( 1 ) The communications are confined exclusively to those for which authority has been granted the coast station, and concerns ships with which one or both of the coast stations are authorized to communicate; and ( 2 ) Other satisfactory point-to-point communication facilities between the coast stations are unavailable; and ( 3 ) Coast stations which communicate with each other are not more than 160 km (100 miles) apart; and ( 4 ) Harmful interference is not cause to mobile stations. ( c ) A private coast station and associated marine utility stations serving and located on a shipyard regularly engaged in construction or repair of commercial transport vessels or Government vessels are authorize to communicate between stations when they are licensed to the same entity and communications are limited to serving the needs of ships on a non-interference basis to other stations in the maritime mobile service. A separate showing is required. § 80.507 Scope of service. ( a ) A private coast station or marine utility station using telephony serves the operational and business needs of ships including the transmission of safety communication. ( b ) In areas where environmental communications are provided by U.S. Government stations or by public coast stations, private coast stations and marine utility stations on shore must not duplicate that service. In other areas, private coast stations and marine utility stations on shore may transmit weather and hydrographic information required for the ships with which they normally communicate. Private coast stations may provide environmental communication service in areas where adequate service is not available. ( c ) Each marine utility station on shore must be operated as a private coast station except that it may be operated at temporary unspecified locations. Marine utility stations on ships are operated as ship stations. ( d ) Each private coast station is authorized by rule to use hand-held marine radios in the vicinity of the station's fixed transmitter site on those frequencies assigned to the private coast station. Hand-held communications must conform to those normally permitted under a marine utility station authorization and must be limited to contact with the associated private coast station and ship stations in the vicinity of the private coast station. [ 51 FR 31213 , Sept. 2, 1986, as amended at 62 FR 40307 , July 28, 1997] § 80.509 Frequency assignment. Frequencies assignable to private coast stations and marine utility stations are listed in subpart H. § 80.513 Frequency coordination. ( a ) Except as provided in paragraphs (b) and (c) of this section each application for a new VHF private coast station license or modification of an existing license to be located in an area having a recognized frequency coordinating committee must be accompanied by: ( 1 ) A report based on a field study, indicating the degree of probable interference to existing stations operating in the same area. The applicant must consider all stations operating on the working frequency or frequencies requested or assigned within 80 km (50 miles) of the proposed station location, and ( 2 ) The report must include a statement that all existing licensees on the frequency within 80 km (50 miles) and the frequency coordinating committee have been notified of the applicant's intention to file an application. The notice of intention to file must provide the licensees concerned and the advisory committee with the following information: The frequency and emission; transmitter location and power; and the antenna height proposed by the applicant. ( b ) Applications for modification need not be accompanied by the field study where the modification does not involve any change in frequency(ies), power, emission, antenna height, antenna location or area of operation. ( c ) ( 1 ) In lieu of the field study, the applicant may acquire a statement from a frequency coordinating committee. The applicant must certify on the application concerning the recommendations of the coordinating committee. The committee must comment on the requested frequency or the proposed changes in the authorized station and give an opinion regarding the probable interference to existing stations. The committee must consider all stations operating on the requested frequency within 80 km (50 miles) of the proposed station location. The frequency coordinating committee statement must also recommend a frequency which will result in the least amount of interference to proposed and existing stations. Committee recommendations may also include comments on technical factors and may recommend restrictions to minimize interference. ( 2 ) A frequency coordinating committee must be representative of all persons who are eligible for VHF private coast stations within the service area of the recognized frequency coordinating committee. A statement of organization, service area and composition of the committee must be submitted to the Commission for approval. The functions of any coordinating committee are purely advisory to the applicant and the Commission. Its recommendations are not binding upon either the applicant or the Commission. [ 51 FR 31213 , Sept. 2, 1986, as amended at 63 FR 68956 , Dec. 14, 1998] § 80.514 Marine VHF frequency coordinating committee(s). This section contains the names of organizations that have been recognized by the Commission to serve as marine VHF frequency coordinating committees for their respective areas. ( a ) The Southern California Marine Radio Council serves the California counties of Santa Barbara, Kern, San Bernardino, Ventura, Los Angeles, Orange, Riverside, San Diego, Imperial and the Channel Islands. ( b ) The North Pacific Marine Radio Council serves the following counties in the State of Washington: Clallam, Island, Jefferson, King, Kitsap, Mason, Pierce, San Juan, Skagit, Snohomish, Thurston, and Whatcom. [ 52 FR 35246 , Sept. 18, 1987, as amended at 56 FR 6583 , Feb. 19, 1991; 60 FR 50122 , Sept. 28, 1995; 63 FR 68956 , Dec. 14, 1998] § 80.515 Limitations on use. A private coast station or marine utility station using telephony must: ( a ) Not be used for public correspondence; ( b ) Not be used to transmit program material for radio broadcasting; and ( c ) Not be used to transmit press material or news items which are not required to serve the needs of ships. § 80.517 Time limitation on communication. All communication engaged in by private coast stations and marine utility stations must be limited to the minimum practicable transmission time. Each station licensee must employ standardized operating practices and procedures. § 80.519 Station identification. ( a ) Stations must identify transmissions by announcing in the English language the station's assigned call sign. In lieu of the identification of the station by voice, the official call sign may be transmitted by tone-modulated telegraphy in international Morse Code manually or by means of an automatic device approved by the Commission. Transmissions on the navigation frequency (156.650 MHz) by stations on drawbridges may be identified by use of the name of the bridge in lieu of the call sign. Identification must be made: ( 1 ) At the beginning and end of each exchange of communications and; ( 2 ) At intervals not exceeding 15 minutes whenever transmissions or communications are sustained for more than 15 minutes. ( b ) Marine utility stations, private coast stations, and associated hand-held radios, when exchanging communications, may be identified by a unit identifier in lieu of the call sign. Identification by transmission of the assigned call sign must be at the end of the exchange or at least once every 15 minutes. [ 51 FR 31213 , Sept. 2, 1986, as amended at 62 FR 40308 , July 28, 1997] Subpart L—Operational Fixed Stations § 80.551 Applicability. This subpart contains rules applicable to operational fixed stations. § 80.553 Supplemental eligibility requirements. An applicant for an operational fixed station must certify that: ( a ) The applicant is the licensee of a coast station; ( b ) Other suitable telecommunications facilities are not available to satisfy coast station requirements. [ 51 FR 31213 , Sept. 2, 1986, as amended at 63 FR 68956 , Dec. 14, 1998] § 80.555 Scope of communication. An operational fixed station provides control, repeater or relay functions for its associated coast station. § 80.557 Assignment and use of frequencies. The specific frequencies for these stations are listed in subpart H of this part . § 80.559 Licensing limitations. Operational fixed stations are subject to the following licensing limitations: ( a ) A maximum of four frequencies will be assigned. ( b ) Stations will not be authorized when applications indicate less than 16 km (10 miles) separation between a proposed station and a TV transmitter operating on either Channel 4 or 5, or from the post office of a community in which either channel is assigned but not in operation. ( c ) Stations located between 16 km (10 miles) and 128 km (80 miles) of a TV transmitter operating on either Channel 4 or 5, or from the post office of a community in which either channel is assigned but not in operation, are secondary to TV operations within the Grade B service contour. [ 1 ] [ 51 FR 31213 , Sept. 2, 1986; 51 FR 34984 , Oct. 1, 1986, as amended at 54 FR 40059 , Sept. 29, 1989] Footnotes - 80.559 [ 1 ] OET Bulletin No. 67, March 1988, entitled “Potential Interference from Operational Fixed Stations in the 72-76 MHz Band to Television Channels 4 and 5” describes an analytical model that can be used to calculate the potential interference that might result from a given fixed station operation. Copies of the bulletin may be obtained from the Commission's current duplication contractor. Information concerning the current duplication contractor may be obtained from the Office of Public Affairs, Consumer Assistance and Small Business Division, Telephone (202) 632-7000. Subpart M—Stations in the Radiodetermination Service § 80.601 Scope of communications. Stations on land in the Maritime Radiodetermination Service provide a radionavigation or radiolocation service for ships. § 80.603 Assignment and use of frequencies. The frequencies available for assignment to shore radionavigation/radiolocation stations are contained in subpart H of this part . § 80.605 U.S. Coast Guard coordination. ( a ) Radionavigation coast stations operated to provide information to aid in the movement of any ship are private aids to navigation. Before submitting an application for a radionavigation station, an applicant must obtain written permission from the cognizant Coast Guard District Commander at the area in which the device will be located. The Commission may request an applicant to provide documentation as to this fact. Note: Surveillance radar coast stations do not require U.S. Coast Guard approval. ( b ) Coast station transponders (i.e., radar beacons, or racons) operating in the band 2900-3100 or 9300-9500 MHz shall meet the requirements of ITU-R M.824-3 (incorporated by reference, see § 80.7 ). Applications for certification of these transponders must include a description of the technical characteristics of the equipment including the scheme of interrogation and the characteristics of the transponder response, and test results demonstrating the device meets each applicable requirement of this ITU-R recommendation. ( c ) The use of ship station transponders in the band 2900-3100 or 9300-9500 MHz other than those described in §§ 80.1085(a)(3) and 80.1095(b) is prohibited. [ 52 FR 7419 , Mar. 11, 1987, as amended at 63 FR 36607 , July 27, 1998; 63 FR 68956 , Dec. 14, 1998; 68 FR 46972 , Aug. 7, 2003; 76 FR 67615 , Nov. 2, 2011] Subpart N—Maritime Support Stations § 80.651 Supplemental eligibility requirements. ( a ) An applicant for a maritime support station must demonstrate a requirement for training personnel associated with the maritime service or for the testing, demonstration or maintenance of ship or coast radio equipment. ( b ) [Reserved] § 80.653 Scope of communications. ( a ) Maritime support stations are land stations authorized to operate at permanent locations or temporary unspecified locations. ( b ) Maritime support stations are authorized to conduct the following operations: ( 1 ) Training of personnel in maritime telecommunications; ( 2 ) Transmissions necessary for the test and maintenance of maritime radio equipment at repair shops and at temporary unspecified locations; ( 3 ) Transmissions necessary to test the technical performance of the licensee's public coast station(s) radiotelephone receiver(s); and ( 4 ) Transmissions necessary for radar/racon equipment demonstration. [ 51 FR 31213 , Sept. 2, 1986, as amended at 62 FR 40308 , July 28, 1997] § 80.655 Use of frequencies. ( a ) The frequencies available for assignment to maritime support stations are described or listed in: ( 1 ) Section 80.373 for scope of communications described in § 80.653(b)(1) ; ( 2 ) Sections 80.373 and 80.385 for scope of communications described in § 80.653(b)(2) ; and ( 3 ) Section 80.389 for scope of communications described in § 80.653 (b)(3) and (4) . ( b ) Frequencies must be used only on a secondary, non-interference basis to operational maritime communications. ( c ) Use of frequencies assigned to services other than the maritime radiolocation service is limited to one hour per twenty four hour period. [ 51 FR 31213 , Sept. 2, 1986, as amended at 52 FR 35245 , Sept. 18, 1987] § 80.659 Technical requirements. The authorized frequency tolerance, class of emission, bandwidth, and transmitter power for maritime support stations are contained in subpart E of this part under the category associated with the intended use except for power limitations imposed upon stations operating within the scope of § 80.653(b)(3) , which are further limited by the provisions of § 80.215(f) . Subpart O—Alaska Fixed Stations § 80.701 Scope of service. There are two classes of Alaska Fixed stations. Alaska-public fixed stations are common carriers, open to public correspondence, which operate on the paired duplex channels listed in subpart H of this part . Alaska-private fixed stations may operate on simplex frequencies listed in subpart H of this part to communicate with other Alaska private fixed stations or with ship stations, and on duplex frequencies listed in subpart H of this part when communicating with the Alaska-public fixed stations. Alaska-private fixed stations must not charge for service, although third party traffic may be transmitted. Only Alaska-public fixed stations are authorized to charge for communication services. § 80.703 Priority of distress and other signals. Alaska-public fixed stations, when operating on an authorized carrier frequency which is also used by the maritime mobile service, must give priority to distress, urgency or safety signals, or to any communication preceded by one of these signals. § 80.705 Hours of service of Alaska-public fixed stations. Each Alaska-public fixed station whose hours of service are not continuous must not suspend operations before having concluded all communications of an emergency nature. § 80.707 Cooperative use of frequency assignments. ( a ) Only one Alaska-public fixed station will be authorized to serve any area whose point-to-point communication needs can be adequately served by a single radio communication facility. ( b ) Each radio channel authorized for use by an Alaska-private fixed station is available on a shared basis only. All station licensees must cooperate in the use of their respective frequency assignments to minimize interference. § 80.709 Frequencies available. Frequencies assignable to Alaska fixed stations are listed in subpart H of this part . § 80.711 Use of U.S. Government frequencies. Alaska-public fixed stations may be authorized to use frequencies assigned to U.S. Government radio stations for communications with Government stations or for coordination of Government activities. Subpart P—Standards for Computing Public Coast Station VHF Coverage § 80.751 Scope. This subpart specifies receiver antenna terminal requirements in terms of power, and relates the power available at the receiver antenna terminals to transmitter power and antenna height and gain. It also sets forth the co-channel interference protection that VHF public coast station geographic area licensees must provide to incumbents and to other VHF public coast station geographic area licensees. [ 64 FR 26887 , May 18, 1999] § 80.753 Signal strength requirements at the service area contour. ( a ) The requirements for reception by a marine VHF shipboard receiver are satisfied if the field strength from the coast station, calculated in accordance with § 80.771 is at least + 17 dBu above one microvolt. ( b ) These field strengths, voltages and powers at the receiver input are equivalent: ( 1 ) −132 dBW (decibels referred to 1 watt). ( 2 ) 1.8 microvolts across 50 ohms. ( 3 ) + 17 dBu (decibels referred to 1 microvolt per meter). ( 4 ) 7 microvolts per meter. § 80.755 Applicability. Applications for maritime frequencies in the 156-162 MHz band must include a map showing the proposed service area contour. The service area contour must be computed in accordance with the following procedures. § 80.757 Topographical data. ( a ) In the preparation of profile graphs and in determining the location and height above sea level of the antenna site, the elevations or contour intervals must be taken from U.S. Geological Survey topographic quadrangle maps, U.S. Army Corps of Engineers maps or Tennessee Valley Authority maps, whichever is the latest, for all areas for which maps are available. If such maps are not published for the area in question, the next best topographic information must be used. The maps used must include the principal area to be served. U.S. Geological Survey topographic quadrangle maps may be obtained from the Eastern Distribution Branch, U.S. Geological Survey, 1200 South Eads Street, Arlington, VA 22202, for maps of areas east of the Mississippi River, including Minnesota, Puerto Rico, and the Virgin Islands, and from the Western Distribution Branch, U.S. Geological Survey, Federal Center, Denver CO 80225, for maps of areas west of the Mississippi River, including Alaska, Hawaii, Louisiana, Guam and American Samoa. Sectional aeronautical charts are available from the Distribution Division, National Ocean Service, Riverdale, MD 20840. ( b ) In lieu of maps, the average terrain elevation may be computer generated, using elevations from a 30 second point or better topographic data file such as those available for the U.S. Geological Survey's National Geographic Information Center or the National Oceanic and Atmospheric Administration's National Geophysical Data Center. In case of dispute maps will be used to determine the correct value. § 80.759 Average terrain elevation. ( a ) ( 1 ) Draw radials from the antenna site for each 45 degrees of azimuth starting with true north. Any such radial which extends entirely over land from the antenna site to the point of + 17 dBu field strength need not be drawn. ( 2 ) If the distance from the antenna site to the point of + 17 dBu field strength between any of the 45 degrees radials would be less than the distances calculated along these radials, an additional radial between such adjacent radials must be plotted and calculations made in each case. Each additional radial must be that radial along which it appears by inspection that transmission loss would be greatest. ( b ) Draw a circle of 16 km (10 statute mile) radius using the antenna site as the center. Divide each radial into 320 meter (0.2 statute mile) increments inside the circumference to the 3.2 km (2 statute mile) point. ( c ) Calculate the height above sea level of each 320 meter (0.2 statute mile) division by interpolating the contour intervals of the map, and record the value. ( d ) Average the values by adding them and dividing by the number of readings along each radial. ( e ) Calculate the height above average terrain by averaging the values calculated for each radial. [ 51 FR 31213 , Sept. 2, 1986, as amended at 58 FR 44953 , Aug. 25, 1993] § 80.761 Conversion graphs. The following graphs must be employed where conversion from one to the other of the indicated types of units is required. ( a ) Graph 1. To convert effective radiated power in watts to dBk or to dBW, find the power in watts on the horizontal axis. Move vertically along the line representing the power to the diagonal line. Move horizontally from the diagonal to the right side to read dBW and to the left to read dBk. ( b ) Graph 2. To convert microvolts across 50 ohms to received power in dBW, find the signal in microvolts on the horizontal axis. Move vertically to the diagonal line, then move right horizontally to read dBW. ( c ) Graph 3. To convert received power in dBW to field intensity in dBu find the received power in dBW on the horizontal axis. Move vertically to the diagonal line, then move right horizontally to read dBu. § 80.763 Effective antenna height. The effective height of the antenna is the vertical distance between the center of the radiating system above the mean sea level and the average terrain elevation. § 80.765 Effective radiated power. Effective radiated power is used in computing the service area contour. The effective radiated power is derived from the transmitter output power, loss in the transmission system including duplexers, cavities, circulators, switches and filters, and the gain relative to a half-wave dipole of the antenna system. § 80.767 Propagation curve. The propagation graph, § 80.767 Graph 1, must be used in computing the service area contour. The graph provides data for field strengths in dBu for an effective radiated power of 1 kW, over sea water, fresh water or land (smooth earth); transmitting antena heights of 4,800, 3,200, 1,600, 800, 400, 200, and 100 feet; based on a receiving antenna height of 9 meters (30 feet), for the 156-162 MHz band. The use of this is described in this section. ( a ) Calculate the effective radiated power of the coast station, Ps in dB referred to 1 kW (dBk), as follows: where, Pt = Transmitter output power in dB referred to 1 kW: Transmitter output power in watts is converted to dBk by Pt = 10 [log10 (Power in watts)]−30. Also see § 80.761 Graph 1 for a conversion graph. G = Antenna gain in dB referred to a standard half-wave dipole, in the direction of each plotted radial, and L = Line losses between the transmitter and the antenna, in dB. Notes: 1. To determine field strengths where the distance is known, for effective radiated powers other than 1kW (0 dBk): Enter the graph from the “statute miles” scale at the known distance, read up to intersection with the curve for the antenna height, read left to the “dBu for 1 kW radiated” scale and note the referenced field strength (Fe). The value of the actual field strength (F) in dBu will be F = Fe + Ps where Ps is the effective radiated power calculated above. 2. To determine distance, where the actual field strength is specified, for effective radiated powers other than 0 dBk: The value of the field referenced strength will be Fe = F−Ps in dBu. Enter the graph, from the “dBu for 1 kW radiated” scale at the corrected value of Fe, read right to intersection with the antenna height, read down to “statute miles” scale. ( b ) Determine the antenna height. For antenna heights between the heights for which this graph is drawn, use linear interpolation; assume linear height-gain for antennas higher than 4,800 feet. ( c ) For receiver antenna heights lower than 9 meters (30 feet), assume that the field strength is the same as at 9 meters (30 feet). ( d ) Assume that propagation over fresh water or over land is the same as that over sea water. § 80.769 Shadow loss. Where the transmission path is obstructed the received signal must be adjusted to include shadow loss. Attenuation due to shadowing must be taken from § 80.769 Graph 1, as follows: ( a ) Inspect the map(s) to determine if a hill(s) obstructs an imaginary line of sight (dashed line on illustrative profiles of § 80.769 Graph 1 from the average terrain elevation at the coast station antenna to the water level at the ship location. If average terrain elevation exceeds the actual ground elevation at the antenna site, the latter elevation must be used as the average terrain elevation. ( b ) If a hill appears to obstruct the radio path, plot the antenna site elevation, the obstruction elevation and the height of the ship station on rectangular coordinate paper using elevation above mean sea level as the vertical scale and distance in statute miles as the horizontal scale. Then draw a straight line between the antenna and the ship. ( c ) If a hill obstructs the imaginary line of sight, determine its height (H) above the imaginary line and its distance (D) from either the coast or ship station, whichever is nearer, as illustrated by examples “A” and “B” on Graph 1. ( d ) Read the shadow loss from this Graph 1 and subtract that loss from the computed received signal. ( e ) Where more than one hill obstructs the transmission path, determine the height and position of a single equivalent hill, as illustrated by example “C” on this graph. Read the shadow loss from this graph for the equivalent hill. § 80.771 Method of computing coverage. Compute the + 17 dBu contour as follows: ( a ) Determine the effective antenna height above mean sea level according to the procedures in §§ 80.757-80.761 . ( b ) Determine the effective radiated power according to § 80,765. Determine for each radial the distance from the antenna site to the + 17 dBu point of field strength using procedures of §§ 80.765 and 80.767 . ( c ) Plot on a suitable map each point of + 17 dBu field strength for all radials and draw the contour by connecting the adjacent points by a smooth curve. § 80.773 Co-channel interference protection. ( a ) Where a VHF public coast station geographic area licensee shares a frequency with an incumbent VHF public coast station licensee, the ratio of desired to undesired signal strengths must be at least 12 dB within the service area of the station. ( b ) Where a VHF public coast station geographic area licensee shares a frequency with an incumbent private land mobile radio licensee, the VHF public coast station geographic area licensee must provide at least 10 dB protection to the PLMR incumbent's predicted 38 dBu signal level contour. The PLMR incumbent's predicted 38 dBu signal level contour is calculated using the F(50, 50) field strength chart for Channels 7-13 in § 73.699 (Fig. 10a) of this chapter, with a 9 dB correction factor for antenna height differential, and is based on the licensee's authorized effective radiated power and antenna height-above-average-terrain. ( c ) VHF public coast station geographic area licensees are prohibited from exceeding a field strength of + 5 dBu (decibels referenced to 1 microvolt per meter) at their service area boundaries, unless all the affected VHF public coast station geographic area licensees agree to the higher field strength. [ 63 FR 40065 , July 27, 1998, as amended at 64 FR 26887 , May 18, 1999] Subpart Q [Reserved] Subpart R—Technical Equipment Requirements for Cargo Vessels Not Subject to Subpart W § 80.851 Applicability. The radiotelephone requirements of this subpart are applicable to all compulsory ships which are not required to comply with subpart W of this part in total or in part because they have received an exemption from all or some of the subpart W provisions. [ 68 FR 46973 , Aug. 7, 2003] § 80.853 Radiotelephone station. ( a ) The radiotelephone station is a radiotelephone installation and other equipment necessary for the proper operation of the installation. ( b ) The radiotelephone station must be installed to insure safe and effective operation of the equipment and to facilitate repair. Adequate protection must be provided against the effects of vibration, moisture, and temperature. ( c ) The radiotelephone station and all necessary controls must be located at the level of the main wheelhouse or at least one deck above the ship's main deck. ( d ) The principal operating position of the radiotelephone station must be in the room from which the ship is normally steered while at sea. In installations on cargo ships of 300 gross tons and upwards but less than 500 gross tons on which the keel was laid prior to January 1, 1965, the location of the principal operating controls may be in a room adjoining and opening into the room from which the vessel is normally steered while at sea. If the station can be operated from any location other than the principal operating position, a positive means must be provided at the principal operating position to take full control of the station. [ 51 FR 31213 , Sept. 2, 1986, as amended at 68 FR 46973 , Aug. 7, 2003] § 80.854 Radiotelephone installation. The radiotelephone installation includes: ( a ) A radiotelephone transmitter; ( b ) A receiver as specified in § 80.858(a) ; ( c ) A main source of energy; ( d ) A reserve source of energy, when required by § 80.860(a) ; ( e ) An antenna system. [ 51 FR 31213 , Sept. 2, 1986, as amended at 76 FR 67615 , Nov. 2, 2011] § 80.855 Radiotelephone transmitter. ( a ) The transmitter must be capable of transmission of H3E and J3E emission on 2182 kHz, and J3E emission on 2638 kHz and at least two other frequencies within the band 1605 to 3500 kHz available for ship-to-shore or ship-to-ship communication. ( b ) The duty cycle of the transmitter must permit transmission of the international radiotelephone alarm signal. ( c ) The transmitter must be capable of transmitting clearly perceptible signals from ship to ship during daytime under normal conditions over a range of 150 nautical miles. ( d ) The transmitter complies with the range requirement specified in paragraph (c) of this section if: ( 1 ) The transmitter is capable of being matched to actual ship station transmitting antenna meeting the requirements of § 80.863 ; and ( 2 ) The output power is not less than 60 watts peak envelope power for H3E and J3E emission on the frequency 2182 kHz and for J3E emission on the frequency 2638 kHz into either an artificial antenna consisting of a series network of 10 ohms resistance and 200 picofarads capacitance, or an artificial antenna of 50 ohms nominal impedance. An individual demonstration of the power output capability of the transmitter, with the radiotelephone installation normally installed on board ship, may be required. ( e ) The transmitter must provide visual indication whenever the transmitter is supplying power to the antenna. ( f ) The transmitter must be protected from excessive currents and voltages. ( g ) A durable nameplate must be mounted on the transmitter or made an integral part of it showing clearly the name of the transmitter manufacturer and the type or model of the transmitter. ( h ) An artificial antenna must be provided to permit weekly checks of the automatic device for generating the radiotelephone alarm signal on frequencies other than the radiotelephone distress frequency. § 80.858 Radiotelephone receiver. ( a ) The receiver required by § 80.854(a) of this part must be capable of reception of H3E and J3E emissions on the radiotelephone distress frequency. The receiver must be capable of reception of J3E emissions on 2638 kHz and the receiving frequencies associated with the transmitting frequencies authorized pursuant to § 80.855(a) . ( b ) One or more loudspeakers capable of being used to maintain the distress frequency (2182 kHz) watch at the principal operating position and at any other place where the listening watch is performed must be provided. ( c ) The receiver required by paragraph (a) of the section must: ( 1 ) Have a sensitivity of 50 microvolts; ( 2 ) Be capable of operation when energized by the main source of energy, and by the reserve source of energy if a reserve source is required by § 80.860(a) ; ( 3 ) Be protected from excessive currents and voltages; ( 4 ) Be provided with a nameplate showing the name of the receiver manufacturer and the type or model. ( d ) The sensitivity of a receiver is the strength in microvolts of a signal, modulated 30 percent at 400 cycles per second, required at the receiver input to produce an audio output of 50 milliwatts to the loudspeaker with a signal-to-noise ratio of at least 6 decibels. Evidence of a manufacturer's rating or a demonstration of the sensitivity of a required receiver computed on this basis must be furnished upon request of a Commission representative. [ 51 FR 31213 , Sept. 2, 1986, as amended at 73 FR 4487 , Jan. 25, 2008] § 80.859 Main power supply. ( a ) The main power supply must simultaneously energize the radiotelephone transmitter at its required antenna power and the required receivers. Under this load condition the voltage of the main power supply at the radiotelephone input terminals must not deviate from its rated potential by more than 10 percent on ships completed on or after July 1, 1941, nor by more than 15 percent on ships completed before that date. ( b ) Means must be provided for charging any batteries used as a main power supply. A continuous indication of the rate and polarity of the charging current must be provided during charging of the batteries. § 80.860 Reserve power supply. ( a ) When the main power supply is not on the same deck as the main wheelhouse or at least one deck above the vessel's main deck, a reserve power supply must be provided and must be so situated. The location of the reserve power supply must be located as near to the required transmitter and receivers as practicable and meet all applicable rules and regulations of the United States Coast Guard. ( b ) The reserve power supply must be independent of the propelling power of the ship and of any other electrical system, and must simultaneously energize the radiotelephone transmitter at its required antenna power, the required receivers, the emergency light and the automatic radiotelephone alarm signal generator. The reserve power supply must be available at all times. ( c ) The reserve power supply may be used to energize the bridge-to-bridge radiotelephone and the VHF radiotelephone installation required by § 80.871 . ( d ) All circuits connected to the reserve power supply must be protected from overloads. ( e ) Means must be provided for charging any batteries used as a reserve power supply. A continuous indication of the rate and polarity of the charging current during charging of the batteries must be provided. ( f ) The cooling system of each internal combustion engine used as a part of the reserve power supply must be adequately treated to prevent freezing or overheating consistent with the season and route to be traveled by the particular vessel involved. ( g ) The reserve power supply must be available within 1 minute. [ 51 FR 31213 , Sept. 2, 1986; 52 FR 35246 , Sept. 18, 1987] § 80.861 Required capacity. If the main power supply or the reserve power supply provided for the purpose of complying with §§ 80.859 and 80.860 consists of batteries, the batteries must have sufficient reserve capacity available at all times while the vessel is leaving or attempting to leave a harbor or port for a voyage in the open sea, and while being navigated in the open sea outside of a harbor or port, to permit operation of the radiotelephone transmitter and the required receivers for at least 6 hours continuously under normal working conditions. § 80.862 Proof of capacity. ( a ) When directed by the Commission or its authorized representative, the station licensee must prove that the requirements of § 80.861 are met. ( b ) Proof of the ability of a battery used as a main or reserve source to operate continuously for 6 hours can be established by a discharge test over a prescribed period of time, when supplying power at the voltage required for normal and operation to an electrical load as prescribed by paragraph (d) of this section. ( c ) When the reserve power supply is an engine-driven generator, proof of the adequacy of the engine fuel supply to operate the unit contiuously for 6 hours can be established by measuring the fuel consumption for 1 hour when supplying power, at the voltage required for normal operation, to an electrical load as prescribed by paragraph (d) of this section. ( d ) In determining the electrical load to be supplied, the following formula must be used: ( 1 ) One-half of the current of the required transmitter at its rated power output. ( 2 ) One fourth of the current of the automatic radiotelephone alarm signal generator; plus ( 3 ) Current of receiver; plus ( 4 ) Current of emergency light(s); plus ( 5 ) Current of the bridge-to-bridge transceiver when connected. ( e ) At the conclusion of the test specified in paragraphs (b) and (c) of this section, no part of the main or reserve power supply must have an excessive temperature rise, nor must the specific gravity or voltage of any battery be below 90 percent discharge point of the fully charged value. § 80.863 Antenna system. ( a ) An antenna system must be installed which is as nondirectional and as efficient as is practicable for the transmission and reception of radio ground waves over seawater. The installation and construction of the required antenna must insure operation in time of emergency. ( b ) If the required antenna is suspended between masts or other supports liable to whipping, a safety link which, under heavy stress, will operate to greatly reduce such stress without breakage of the antenna, the halyards, or other antenna-supporting elements, must be installed. ( c ) When an electrical ground connection is used as an element of the antenna system, the connection must be efficient. § 80.864 Emergency electric lights. ( a ) Emergency electric light(s) must be installed to illuminate the operating controls of the radiotelephone installation at the principal operating position, the card of instructions, and the radiotelephone station clock if the latter is not self-illuminated. ( b ) The emergency electric light(s) must be energized from the reserve power supply, if a reserve power supply is required. In cases where a reserve power supply is not required, the emergency lights must be energized independently of the system which supplies the normal lighting. § 80.865 Radiotelephone station clock. A clock having a face of at least 12.7 cm (5 in.) in diameter must be mounted in a position that can be observed from the principal operating position. [ 58 FR 44953 , Aug. 25, 1993] § 80.866 Spare antenna. A spare transmitting antenna completely assembled for immediate erection must be provided. If the installed transmitting antenna is suspended between supports, this spare antenna must be a single-wire transmitting antenna of the same length and must also include suitable insulators. § 80.867 Ship station tools, instruction books, circuit diagrams and testing equipment. ( a ) Each ship station must be provided with such tools, testing equipment, instruction books and circuit diagrams to enable the radiotelephone installation to be maintained in efficient working condition while at sea. Each ship station licensee must compile a list of spare parts, tools, test equipment and circuit diagrams it considers necessary for compliance with this requirement. This list must be available at inspection. The Commission may consider equipment manufacturer lists of recommended spare parts, tools, test equipment, and repair circuit diagrams in determining compliance with this subsection. These items must be located convenient to the radio room. ( b ) The testing equipment must include an instrument or instruments for measuring A.C. volts, D.C. volts and ohms. § 80.868 Card of instructions. A card of instructions giving a clear summary of the radiotelephone distress procedure must be securely mounted and displayed in full view of the principal operating position. § 80.869 Test of radiotelephone station. Unless the normal use of the required radiotelephone station demonstrates that the equipment is operating, a test communication on a required or working frequency must be made each day the ship is navigated. When this test is performed by a person other than the master and the equipment is found to be defective the master must be promptly notified. § 80.871 VHF radiotelephone station. ( a ) All passenger ships irrespective of size and all cargo ships of 300 gross tons and upwards subject to part II of title III of the Communications Act or to the Safety Convention are required to carry a VHF radiotelephone station complying with this subpart. Ships subject only to the Communications Act may use a VHF radiotelephone installation meeting the technical standards of the Bridge-to-Bridge Act to satisfy the watch requirements of § 80.305(a)(3) if the equipment can transmit and receive on 156.800 MHz. ( b ) The VHF radiotelephone station must be installed to insure safe and effective operation of the equipment and facilitate repair. It must be protected against vibration, moisture and temperature. ( c ) The principal operating position of the radiotelephone station must be in the room from which the ship is normally steered while at sea. ( d ) The radiotelephone stations on ships subject to Part II of Title III of the Communications Act must be capable of operating on the frequency 156.800 MHz and in other respects meet the requirements of § 80.143 . The radiotelephone stations on ships subject to the Safety Convention must be capable of operating in the simplex mode on the ship station transmitting frequencies specified in the frequency band 156.025 MHz to 157.425 MHz and in the semiduplex mode on the two frequency channels specified in the following table: Channel designators Transmitting frequencies (MHz) Ship station Coast station 60 156.025 160.625 01 156.050 160.650 61 156.075 160.675 02 156.100 160.700 62 156.125 160.725 03 156.150 160.750 63 156.175 160.775 04 156.200 160.800 64 156.225 160.825 05 156.250 160.850 65 156.275 160.875 06 156.300 66 156.325 160.925 07 156.350 160.950 67 156.375 156.375 08 156.400 68 156.425 156.425 09 156.450 156.450 69 156.475 156.475 10 156.500 156.500 11 156.550 156.550 71 156.575 156.575 12 156.600 156.600 72 156.625 13 156.650 156.650 73 156.675 156.675 14 156.700 156.700 74 156.725 156.725 15 156.750 156.750 16 156.800 156.800 17 156.850 156.850 77 156.875 18 156.900 161.500 78 156.925 161.525 19 156.950 161.550 79 156.975 161.575 20 157.000 161.600 80 157.025 161.625 21 157.050 161.650 81 157.075 161.675 22 157.100 161.700 82 157.125 161.725 23 157.150 161.750 83 157.175 161.775 24 157.200 161.800 84 157.225 161.825 25 157.250 161.850 85 157.275 161.875 26 157.300 161.900 86 157.325 161.925 27 157.350 161.950 87 157.375 161.975 28 157.400 162.000 88 157.425 162.025 1 Guard band. [ 51 FR 31213 , Sept. 2, 1986; 52 FR 35246 , Sept. 18, 1987, as amended at 54 FR 40059 , Sept. 29, 1989; 73 FR 4487 , Jan. 25, 2008; 82 FR 27213 , June 14, 2017] § 80.872 The VHF radiotelephone installation. The VHF radiotelephone installation includes: ( a ) A VHF radiotelephone transmitter, ( b ) A VHF radiotelephone receiver, ( c ) A power supply, ( d ) An antenna system. § 80.873 VHF radiotelephone transmitter. ( a ) The transmitter must be capable of transmission of G3E emission on 156.300 MHz and 156.800 MHz, and on frequencies which have been specified for use in a system established to promote safety of navigation. Vessels in waters of other Administrations are required to communicate on any channel designated by that Administration for navigational safety in the bands specified in § 80.871(d) . ( b ) The transmitter must be adjusted so that the transmission of speech normally produces peak modulation within the limits of 75 percent and 100 percent. ( c ) The transmitter must deliver a carrier power between 8 and 25 watts into a 50 ohm effective resistance. Provision must be made for reducing the carrier power to a value between 0.1 and 1.0 watts. ( d ) The transmitter complies with the power output requirements specified in paragraph (c) of this section when: ( 1 ) The transmitter is capable of being adjusted for efficient use with an actual ship station transmitting antenna meeting the requirements of § 80.876 ; and ( 2 ) The transmitter has been demonstrated capable, with normal operating voltages applied, of delivering not less than 8 watts of carrier power into 50 ohms effective resistance over the frequency band specified in § 80.871(d) . An individual demonstration of the power output capability of the transmitter, with the radiotelephone installation normally installed on board ship, may be required; and ( 3 ) It is certificated as required by subpart F of this part . [ 51 FR 31213 , Sept. 2, 1986, as amended at 63 FR 36607 , July 7, 1998] § 80.874 VHF radiotelephone receiver. ( a ) The receiver used for providing the watch for navaigational safety required by § 80.313 must be certificated by the Commission and capable of effective reception of G3E emission on the frequencies required by § 80.871(d) when connected to the antenna specified in § 80.876 . ( b ) The receiver must have a usable sensitivity of 0.5 microvolts. ( c ) The receiver must deliver adequate audio output power to be heard in the ambient noise level likely to be expected on board ships with a loudspeaker and/or a telephone handset. ( d ) In the simplex mode when the transmitter is activated the receiver output must be muted. [ 51 FR 31213 , Sept. 2, 1986, as amended at 63 FR 36607 , July 7, 1998] § 80.875 VHF radiotelephone power supply. ( a ) There must be readily available for use under normal load conditions a power supply sufficient to simultaneously energize the VHF transmitter at its required antenna power, and the VHF receiver. Under this load condition the voltage of the source of energy at the power input terminals of the VHF radiotelephone installation must not deviate from its rated value by more than 10 percent on ships completed on or after March 1, 1957, nor by more than 15 percent on ships completed before that date. ( b ) When the power supply for the VHF radiotelephone installation consists of batteries, they must be installed in the upper part of the ship, secured against shifting with motion of the ship, capable of operating the installation for 6 hours, and accessible with not less than 26 cm (10 in.) head room. ( c ) Means must be provided for charging any rechargeable batteries used in the ship's VHF radiotelephone installation. There must be provided a device which, during charging of the batteries, will give a continuous indication of the charging current. ( d ) The VHF radiotelephone installation may be connected to the reserve power supply of a compulsorily fitted radiotelephone or radiotelegraph installation. [ 51 FR 31213 , Sept. 2, 1986, as amended at 58 FR 44953 , Aug. 25, 1993] § 80.876 VHF radiotelephone antenna system. A vertically polarized nondirectional antenna must be provided for VHF radiotelephone installations. The construction and installation of this antenna must insure proper operation in an emergency. § 80.877 Controls and indicators required for VHF radiotelephone installation. The controls and indicators used on equipment of the VHF radiotelephone installation must meet the following standards: ( a ) The size of controls must easily permit normal adjustment. The function and the setting of the controls must be clearly indicated.d ( b ) Controls must be illuminated to permit satisfactory operation of the equipment. ( c ) Means must be provided to reduce to extinction any light output from the equipment which could affect safety of navigation. ( d ) An on/off switch must be provided for the entire installation with a visual indication that the installation is switched on. ( e ) The equipment must indicate the channel number, as given in the Radio Regulations, to which it is tuned. It must allow the determination of the channel number under all conditions of external lighting. Channel 16 must be distinctively marked. ( f ) The receiver must have a manual volume control and a squelch control. ( g ) If the external controls are on a separate control unit and more than one such control unit is provided, the one on the bridge must have priority over the others. When there is more than one control unit, indication must be given to the other(s) that the transmitter is in operation. § 80.880 Vessel radio equipment. ( a ) Vessels operated solely within twenty nautical miles of shore must be equipped with a VHF radiotelephone installation as described in this subpart, and maintain a continuous watch on Channel 16. ( b ) Vessels operated solely within one hundred nautical miles of shore must be equipped with a medium frequency transmitter capable of transmitting J3E emission and a receiver capable of reception of J3E emission within the band 1710 to 2850 kHz, in addition to the VHF radiotelephone installation required by paragraph (a) of this section, and must maintain a continuous watch on 2182 kHz. Additionally, such vessels must be equipped with either: ( 1 ) A single sideband radiotelephone capable of operating on all distress and safety frequencies in the medium frequency and high frequency bands listed in § 80.369(a) and (b) , on all the ship-to-shore calling frequencies in the high frequency bands listed in § 80.369(d) , and on at least four of the automated mutual-assistance vessel rescue (AMVER) system HF duplex channels (this requirement may be met by the addition of such frequencies to the radiotelephone installation required by paragraph (b) of this section); or ( 2 ) If operated in an area within the coverage of an INMARSAT maritime mobile geostationary satellite in which continuous alerting is available, an INMARSAT ship earth station meeting the equipment authorization rules of parts 2 and 80 of this chapter . [ 68 FR 46973 , Aug. 7, 2003] § 80.881 Equipment requirements for ship stations. Vessels subject to subpart R of this part must be equipped as follows: ( a ) A category 1, 406.0-406.1 MHz EPIRB meeting the requirements of § 80.1061 ; ( b ) A NAVTEX receiver meeting the requirements of § 80.1101(c)(1) ; ( c ) A Search and Rescue Transponder meeting the requirements of § 80.1101(c)(6) ; and ( d ) A two-way VHF radiotelephone meeting the requirements of § 80.1101(c)(7) . [ 68 FR 46973 , Aug. 7, 2003] § 80.882 2182 kHz watch. Ships subject to this subpart must maintain a watch on the frequency 2182 kHz pursuant to § 80.305 . [ 73 FR 4487 , Jan. 25, 2008] Subpart S—Compulsory Radiotelephone Installations for Small Passenger Boats § 80.901 Applicability. The provisions of Part III of Title III of the Communication Act require United States vessels which transport more than six passengers for hire while such vessels are being navigated on any tidewater within the jurisdiction of the United States adjacent or contiguous to the open sea, or in the open sea to carry a radiotelephone installation complying with this subpart. The provisions of Part III do not apply to vessels which are equipped with a radio installation for compliance with Part II of Title III of the Act, or for compliance with the Safety Convention, or to vessels navigating on the Great Lakes. § 80.903 Inspection of radiotelephone installation. Every vessel subject to Part III of Title III of the Communications Act must have a detailed inspection of the radio installation by an FCC-licensed technician in accordance with § 80.59 once every five years. The FCC-licensed technician must use the latest FCC Information Bulletin, How to Conduct an Inspection of a Small Passenger Vessel. If the ship passes the inspection, the technician will issue a Communications Act Safety Radiotelephony Certificate. Communications Act Radiotelephony Certificates may be obtained from the Commission's National Call Center—(888) 225-5322—or from its forms contractor. [ 63 FR 29660 , June 1, 1998] § 80.905 Vessel radio equipment. ( a ) Vessels subject to part III of title III of the Communications Act that operate in the waters described in § 80.901 must, at a minimum, be equipped as follows: ( 1 ) Vessels operated solely within 20 nautical miles of land must be equipped with a VHF-DSC radiotelephone installation meeting the requirements of § 80.1101(c)(2) , except that a VHF radiotelephone installation without DSC capability is permitted until one year after the Coast Guard notifies the Commission that shore-based sea area A1 coverage is established. Vessels in this category must not operate more than 20 nautical miles from land. ( 2 ) Vessels operated beyond the 20 nautical mile limitation specified in paragraph (a)(1) of this section, but not more than 100 nautical miles from the nearest land, must be equipped with a MF-DSC frequency transmitter meeting the requirements of § 80.1101(c)(3) and capable of transmitting J3E emission and a receiver capable of reception of J3E emission within the band 1710 to 2850 kHz, in addition to the VHF-DSC radiotelephone installation required by paragraph (a)(1) of this section, except that a MF radiotelephone installation without DSC capability is permitted until one year after the Coast Guard notifies the Commission that shore-based sea area A2 coverage is established. The MF or MF-DSC transmitter and receiver must be capable of operation on 2670 kHz. ( 3 ) Vessels operated more than 100 nautical miles but not more than 200 nautical miles from the nearest land must: ( i ) Be equipped with a VHF-DSC radiotelephone installation meeting the requirements of paragraph (a)(1) of this section, except that a VHF radiotelephone installation without DSC capability is permitted until one year after the Coast Guard notifies the Commission that shore-based sea area A1 coverage is established; ( ii ) Be equipped with an MF-DSC radiotelephone transmitter and receiver meeting the requirements of paragraph (a)(2) of this section, except that a MF radiotelephone installation without DSC capability is permitted until one year after the Coast Guard notifies the Commission that shore-based sea area A2 coverage is established; and ( iii ) Be equipped with either: ( A ) A DSC-capable single sideband radiotelephone meeting the requirements of § 80.1101(c)(4) and capable of operating on all distress and safety frequencies in the medium frequency and high frequency bands listed in § 80.369(a) and (b) , on all of the ship-to-shore calling frequencies in the high frequency bands listed in § 80.369(d) , and on at least four of the automated mutual-assistance vessel rescue (AMVER) system HF duplex channels (this requirement may be met by the addition of such frequencies to the radiotelephone installation required by paragraph (a)(2) of this section); or ( B ) If operated in an area within the coverage of an INMARSAT maritime mobile geostationary satellite in which continuous alerting is available, a GMDSS-approved Inmarsat ship earth station. ( iv ) Be equipped with a reserve power supply meeting the requirements of §§ 80.917(b) , 80.919 and 80.921 , and capable of powering the single sideband radiotelephone or the ship earth station (including associated peripheral equipment) required by paragraph (a)(3)(iii) of this section, including the navigation receiver referred to in § 80.905(a)(5) ; ( v ) Be equipped with a NAVTEX receiver conforming to the following performance standards: IMO Resolution A.525(13), as revised by IMO Resolution MSC.148(77) and ITU-R M.540-2 (all incorporated by reference, see § 80.7 ); ( vi ) Be equipped with a Category I 406-406.1 MHz satellite emergency position-indicating radiobeacon (EPIRB) meeting the requirements of § 80.1061 ; and ( vii ) Participate in the AMVER system while engaged on any voyage where the vessel is navigated in the open sea for more than 24 hours. Copies of the AMVER Bulletin are available at: AMVER Maritime Relations, USCG Battery Park Building, Room 201, New York, NY 10004-1499. Phone 212-668-7764; Fax 212-668-7684. ( 4 ) Vessels operated more than 200 nautical miles from the nearest land must: ( i ) Be equipped with two VHF-DSC radiotelephone installations meeting the requirements of paragraph (a)(1) of this section, except that VHF radiotelephone installations without DSC capability are permitted until one year after the Coast Guard notifies the Commission that shore-based sea area A1 coverage is established; ( ii ) Be equipped with an MF-DSC radiotelephone transmitter and receiver meeting the requirements of paragraph (a)(2) of this section, except that a MF radiotelephone installation without DSC capability is permitted until one year after the Coast Guard notifies the Commission that shore-based sea area A2 coverage is established; ( iii ) Be equipped with either: ( A ) A DSC-capable independent single sideband radiotelephone meeting the requirements of paragraph (a)(3)(iii)(A) of this section and that is capable of operating on all distress and safety frequencies in the medium frequency and high frequency bands listed in § 80.369(a) and (b) , on all of the ship-to-shore calling frequencies in the high frequency bands listed in § 80.369(d) , and on at least four of the automated mutual-assistance vessel rescue (AMVER) system HF duplex channels; or ( B ) If operated in an area within the coverage of an INMARSAT maritime mobile geostationary satellite in which continuous alerting is available, an INMARSAT B, C, M, or Fleet F77 ship earth station, or an INMARSAT A ship earth station if installed prior to February 12, 2004. ( iv ) Be equipped with a reserve power supply meeting the requirements of §§ 80.917(b) , 80.919 and 80.921 , and capable of powering the single sideband radiotelephone or the ship earth station (including associated peripheral equipment) required by paragraph (a)(4)(iii) of this section, including the navigation receiver referred to in § 80.905(a)(5) ; ( v ) Be equipped with a NAVTEX receiver conforming to the following performance standards: IMO Resolution A.525(13), as revised by IMO Resolution MSC.148(77) and ITU-R M.540-2 (all incorporated by reference, see § 80.7 ); ( vi ) Be equipped with a Category I 406-406.1 MHz satellite emergency position-indicating radiobeacon (EPIRB) meeting the requirements of § 80.1061 ; ( vii ) Be equipped with an automatic radiotelephone alarm signal generator meeting the requirements of § 80.221 ; and ( viii ) Participate in the AMVER system while engaged on any voyage where the vessel is navigated in the open sea for more than 24 hours. Copies of the AMVER Bulletin are available at: AMVER Maritime Relations, USCG Battery Park Building, Room 201, New York, NY 10004-1499. Phone 212-668-7764; Fax 212-668-7684. ( 5 ) Vessels must comply with the requirements for a navigation receiver or manual updating of position information contained in § 80.1085(c) . ( b ) For a vessel that is navigated within the communication range of a VHF public coast station or U.S. Coast Guard station, but beyond the 20-nautical mile limitation specified in paragraph (a)(1) of this section, an exemption from the band 1605 to 2850 kHz installation requirements may be granted if the vessel is equipped with a VHF transmitter and receiver. An application for exemption must include a chart showing the route of the voyage or the area of operation of the vessel, and the receiving service area of the VHF public coast or U.S. Coast Guard station. The coverage area of the U.S. Coast Guard station must be based on written information from the District Commander, U.S. Coast Guard, a copy of which must be furnished with the application. The coverage area of a public coast station must be computed by the method specified in subpart P of this part . ( c ) The radiotelephone installation must be installed to insure safe operation of the equipment and to facilitate repair. It must be protected against the vibration, moisture, temperature, and excessive currents and voltages. ( d ) A VHF-DSC radiotelephone installation or a remote unit must be located at each steering station except those auxiliary steering stations which are used only during brief periods for docking or for close-in maneuvering. A single portable VHF-DSC radiotelephone set meets the requirements of this paragraph if adequate permanent mounting arrangements with suitable power provision and antenna feed are installed at each operator steering station. Additionally, for vessels of more than 100 gross tons, the radiotelephone installation must be located at the level of the main wheelhouse or at least one deck above the vessel's main deck. [ 51 FR 31213 , Sept. 2, 1986, as amended at 56 FR 19301 , Apr. 26, 1991; 57 FR 34262 , Aug. 4, 1992; 68 FR 46973 , Aug. 7, 2003; 69 FR 64677 , Nov. 8, 2004; 73 FR 4487 , Jan. 25, 2008; 76 FR 67616 , Nov. 2, 2011] Editorial Note Editorial Note: At 76 FR 67616 , Nov. 2, 2011, in § 80.905 , paragraph (a)(4)(vii) was revised, however, no text was published, therefor it could not be incorporated. § 80.907 Principal operating position. The principal operating position of the radiotelephone installation on vessels over 100 gross tons must be in the room from which the vessel is normally steered while at sea. If the station can be operated from any location other than the principal operating position, a positive means must be provided at the principal operating position to take full control of the station. § 80.909 Radiotelephone transmitter. ( a ) The medium frequency transmitter must have a peak envelope output power of at least 60 watts for J3E emission on 2182 kHz and at least one ship-to-shore working frequency within the band 1605 to 2850 kHz enabling communication with a public coast station if the region in which the vessel is navigated is served by a public coast station operating in this band. ( b ) The single sideband radiotelephone must be capable of operating on maritime frequencies in the band 1710 to 27500 kHz with a peak envelope output power of at least 120 watts for J3E emission on 2182 kHz and J3E emission on the distress and safety frequencies listed in § 80.369(b) . ( c ) The transmitter complies with the power output requirements specified in paragraphs (a) or (b) of this section when: ( 1 ) The transmitter can be adjusted for efficient use with an actual ship station transmitting antenna meeting the requirements of § 80.923 of this part ; and ( 2 ) The transmitter, with normal operating voltages applied, has been demonstrated to deliver its required output power on the frequencies specified in paragraphs (a) or (b) of this section into either an artificial antenna consisting of a series network of 10 ohms effective resistance and 200 picofarads capacitance or an artificial antenna of 50 ohms nominal impedance. An individual demonstration of power output capability of the transmitter, with the radiotelephone installation normally installed on board ship, may be required. ( d ) The single sideband radiotelephone must be capable of transmitting clearly perceptible signals from ship to shore. The transmitter complies with this requirement if it is capable of enabling communication with a public coast station on working frequencies in the 4000 to 27500 kHz band specified in § 80.371(b) of this part under normal daytime operating conditions. [ 56 FR 19302 , Apr. 26, 1991, as amended at 57 FR 34262 , Aug. 4, 1992; 68 FR 46974 , Aug. 7, 2003] § 80.911 VHF transmitter. ( a ) The transmitter must be capable of transmission of G3E emission on 156.800 MHz, 156.300 MHz, and on the ship-to-shore working frequencies necessary to communicate with public coast stations serving the area in which the vessel is navigated. ( b ) The transmitter must be adjusted so that the transmission of speech normally produces peak modulation within the limits 75 percent and 100 percent. ( c ) The transmitter must be certificated to transmit between 20 watts and 25 watts, on each of the frequencies 156.300 MHz, 156.800 MHz and on ship-to-shore public correspondence channels, into 50 ohms effective resistance when operated with a primary supply voltage of 13.6 volts DC. ( d ) When an individual demonstration of the capability of the transmitter is necessary the output power requirements prescribed in this paragraph must be met as follows: ( 1 ) Measurements of primary supply voltage and transmitter output power must be made with the equipment drawing energy only from ship's battery; ( 2 ) The primary supply voltage, measured at the power input terminals to the transmitter, and the output power of the transmitter, terminated in a matching artificial load, must be measured at the end of 10 minutes of continuous operation of the transmitter at its full power output. ( 3 ) The primary supply voltage must not be less than 11.5 volts. ( 4 ) The transmitter output power must be not less than 15 watts. ( 5 ) For primary supply voltages, measured in accordance with the procedures of this paragraph, greater than 11.5 volts, but less than 12.6 volts, the required transmitter output power shall be equal to or greater than the value calculated from the formula P = 4.375(V)−35.313 where V equals the measured primary voltage and P is the calculated output power in watts.” [ 51 FR 31213 , Sept. 2, 1986, as amended at 54 FR 40059 , Sept. 29, 1989; 63 FR 36607 , July 7, 1998] § 80.913 Radiotelephone receivers. ( a ) If a medium frequency radiotelephone installation is provided, the receiver must be capable of effective reception of J3E emissions, be connected to the antenna system specified by § 80.923 , and be preset to, and capable of accurate and convenient selection of, the frequencies 2182 kHz, 2638 kHz, and the receiving frequency(s) of public coast stations serving the area in which the vessel is navigated. ( b ) If a single sideband radiotelephone installation is provided, the receiver must be capable of reception of H3E and J3E emissions on 2182 kHz and J3E emission on any receiving frequency authorized pursuant to § 80.909 of this part . ( c ) If a very high frequency radiotelephone installation is provided, the receiver used for maintaining the watch required by § 80.303 must be capable of effective reception of G3E emission, be connected to the antenna system specified by § 80.923 and be preset to, and capable of selection of, the frequencies 156.300 MHz, 156.800 MHz, and the receiving frequency(s) of public coast stations serving the area in which the vessel is navigated. ( d ) One or more loudspeakers must be provided to permit reception on 2182 kHz or 156.800 MHz at the principal operating position and at any other place where listening is performed. ( e ) Any receiver provided as a part of the radiotelephone installation must have a sensitivity of at least 50 microvolts in the case of MF equipment, and 1 microvolt in the case of HF or VHF equipment. ( f ) The receiver required in paragraphs (a) , (b) or (c) of this section must be capable of efficient operation when energized by the main source of energy. When a reserve source of energy is required pursuant to § 80.905 or § 80.917 of this part , the receiver must also be capable of efficient operation when energized by the reserve source of energy. ( g ) The sensitivity of a receiver is the strength in microvolts of a signal, modulated 30 percent at 400 Hertz, required at the receiver input to produce an audio output of 50 milliwatts to the loudspeaker with a signal-to-noise ratio of at least 6 decibels. Evidence of a manufacturer's rating or a demonstration of the sensitivity of a required receiver computed on this basis must be furnished upon request of the Commission. [ 51 FR 31213 , Sept. 2, 1986, as amended at 56 FR 19302 , Apr. 26, 1991; 73 FR 4487 , Jan. 25, 2008] § 80.915 Main power supply. ( a ) There must be readily available for use under normal load conditions a main power supply sufficient to simultaneously energize the radiotelephone transmitter at its required antenna power, and the required receiver. Under this load condition the potential of the main power supply at the power input terminals of the radiotelephone installation must not deviate from its rated potential by more than 10 percent on vessels completed on or after March 1, 1957, nor by more than 15 percent on vessels completed before that date. ( b ) When the main power supply consists of batteries, they must be installed as high above the bilge as practicable, secured against shifting with motion of the vessel, and accessible with not less than 26 cm (10 in.) head room. ( c ) Means must be provided for adequately charging any batteries used as a main power supply. There must be a device which gives a continuous indication of the rate and polarity of the charging current during charging. [ 51 FR 31213 , Sept. 2, 1986, as amended at 58 FR 44953 , Aug. 25, 1993] § 80.917 Reserve power supply. ( a ) Any small passenger vessel the keel of which was laid after March 1, 1957, must have a reserve power supply located on the same deck as the main wheel house or at least one deck above the vessel's main deck, unless the main power supply is so situated, if— ( 1 ) The vessel is of more than 100 gross tons; or ( 2 ) Beginning March 25, 2009: ( i ) The vessel carries more than 150 passengers or has overnight accommodations for more than 49 persons; or ( ii ) The vessel operates on the high seas or more than three miles from shore on Great Lakes voyages. ( b ) The reserve power supply must be independent of the ship's propulsion and of any other electrical system, and be sufficient to simulataneously energize the radiotelephone transmitter at its required output power, and the receiver. The reserve power supply must be available for use at all times. ( c ) When the reserve power supply consists of batteries, they must be installed as high above the bilge as practicable, secured against shifting with motion of the vessel, and accessible with not less than 26 cm (10 in.) head room. ( d ) The reserve power supply must be located as near the required transmitter and receiver as practicable. ( e ) All reserve power supply circuits must be protected from overloads. ( f ) Means must be provided for charging any storage batteries used as a reserve power supply for the required radiotelephone installation. There must be a device which will give continuous indication of the rate and polarity of the charging current during charging. ( g ) The cooling system of each internal combustion engine used as a part of the reserve power supply must be adequately treated to prevent freezing or overheating consistent with the season and route to be travelled by the particular vessel involved. ( h ) Beginning January 2, 2013, any small passenger vessel that does not carry a reserve power supply must carry at least one VHF handheld radiotelephone. [ 51 FR 31213 , Sept. 2, 1986, as amended at 58 FR 44954 , Aug. 25, 1993; 73 FR 4488 , Jan. 25, 2008; 76 FR 67616 , Nov. 2, 2011] § 80.919 Required capacity. If either the main or reserve power supply includes batteries, these batteries must have sufficient reserve capacity to permit proper operation of the required transmitter and receiver for at least 3 hours under normal working conditions. § 80.921 Proof of capacity. ( a ) When directed by a representative of the Commission the vessel must prove by demonstration as prescribed in paragraphs (b) , (c) , (d) and (e) of this section, that the requirements of § 80.919 are met. ( b ) Proof of the ability of a storage battery used as a main or reserve power supply to operate over the 3-hour period established by a discharge test over the prescribed period of time, when supplying power at the voltage required for an electrical loss as prescribed by paragraph (d) of this section. ( c ) When the required power supply consists of an engine-driven generator, proof of the adequacy of the engine fuel supply to operate the unit over the 3-hour period of time may be established by using as a basis the fuel consumption during a 1 hour period when supplying power, at the voltage required for operating an electrical load as prescribed by paragraph (d) of this section. ( d ) In determining the required electrical load the following formula must be used: ( 1 ) One-half of the current of the required transmitter at its rated output power; plus ( 2 ) Current of the required receiver; plus ( 3 ) Current of electric light, if required by § 80.925 ; plus ( 4 ) The sum of the current of all other loads the reserve power supply may provide in time of emergency. ( e ) At the conclusion of the test specified in paragraphs (b) and (c) of this section, no part of the main or reserve power supply must have an excessive temperature rise, nor must the specific gravity or voltage of any storage battery be below the 90 percent discharge point. § 80.923 Antenna system. An antenna must be provided in accordance with the applicable requirements of § 80.81 of this part which is as efficient as practicable for the transmission and reception of radio waves. The construction and installation of this antenna must insure proper emergency operation. [ 51 FR 31213 , Sept. 2, 1986, as amended at 56 FR 19302 , Apr. 26, 1991] § 80.925 Electric light. ( a ) If the vessel is navigated at night an electric light or dial lights which clearly illuminate the operating controls must be installed to provide illumination of the operating controls at the principal operating position. ( b ) The electric light must be energized from the main power supply and, if a reserve power supply for the radiotelephone installation is required, from the reserve power supply. § 80.927 Antenna radio frequency indicator. The transmitter must be equipped with a device which provides visual indication whenever the transmitter is supplying power to the antenna. § 80.929 Nameplate. A durable nameplate must be mounted on the required radiotelephone equipment. When the transmitter and receiver comprise a single unit, one nameplate is sufficient. The nameplate must show the name of the manufacturer and the type or model number. § 80.931 Test of radiotelephone installation. Unless normal use of the radiotelephone installation demonstrates that the equipment is in proper operating condition, a test communication on a required frequency in the 1605 to 27500 kHz band or the 156 to 162 MHz band must be made by a qualified operator each day the vessel is navigated. If the equipment is not in proper operating condition, the master must be promptly notified. [ 51 FR 31213 , Sept. 2, 1986, as amended at 56 FR 19302 , Apr. 26, 1991] § 80.933 General small passenger vessel exemptions. ( a ) Subject U.S. vessels less than 50 gross tons which are navigated not more than 300 meters (1,000 feet) from the nearest land at mean low tide are exempt from the provisions of title III, part III of the Communications Act. ( b ) All U.S. passenger vessels of less than 100 gross tons, not subject to the radio provisions of the Safety Convention, are exempt from the radiotelegraph provisions of Part II of Title III of the Communications Act, provided that the vessels are equipped with a radiotelephone installation fully complying with subpart S of this part . ( c ) These exemptions may be terminated at any time without hearing, if in the Commission's discretion, the need for such action arises. [ 51 FR 31213 , Sept. 2, 1986, as amended at 58 FR 44954 , Aug. 25, 1993; 60 FR 58245 , Nov. 27, 1995; 68 FR 46974 , Aug. 7, 2003; 73 FR 4488 , Jan. 25, 2008] § 80.935 Station clock. Each station subject to this subpart must have a working clock or timepiece readily available to the operator. Subpart T—Radiotelephone Installation Required for Vessels on the Great Lakes Source: 88 FR 77222 , Nov. 9, 2023, unless otherwise noted. § 80.951 Applicability. The rules in this subpart apply to vessels of all countries when navigated on the Great Lakes. The Great Lakes are defined as all waters of Lakes Ontario, Erie, Huron (including Georgian Bay), Michigan, Superior, their connecting and tributary waters and the River St. Lawrence as far east as the lower exit of the St. Lambert Lock at Montreal in the Province of Quebec, Canada, but do not include any connecting and tributary waters except the St. Marys River, the St. Clair River, Lake St. Clair, the Detroit River and the Welland Canal. A vessel that falls into a category specified in paragraph (a) , (b) , or (c) of this section and is not excepted by paragraph (d) or (e) of this section must comply with this subpart while navigated on the Great Lakes. ( a ) Every vessel 20 meters (65 feet) or over in length (measured from end to end over the deck, exclusive of sheer). ( b ) Every vessel engaged in towing another vessel or floating object, except: ( 1 ) Where the maximum length of the towing vessel, measured from end to end over the deck exclusive of sheer, is less than 8 meters (26 feet) and the length or breadth of the tow, exclusive of the towing line, is less than 20 meters (65 feet); ( 2 ) Where the vessel towed complies with this subpart; ( 3 ) Where the towing vessel and tow are located within a booming ground (an area in which logs are confined); or ( 4 ) Where the tow has been undertaken in an emergency and neither the towing vessel nor the tow can comply with this part ( c ) Any vessel carrying more than six passengers for hire. ( d ) The requirements of this subpart do not apply to: ( 1 ) Ships of war and troop ships; ( 2 ) Vessels owned and operated by any national government and not engaged in trade. ( e ) The Commission may if it considers that the conditions of the voyage or voyages affecting safety (including but not necessarily limited to the regularity, frequency and nature of the voyages, or other circumstances) are such as to render full application of the rules of this subpart unreasonable or unnecessary, exempt partially, conditionally or completely, any individual vessel for one or more voyages or for any period of time not exceeding one year. § 80.953 Inspection and certification. ( a ) Each U.S. flag vessel subject to this subpart must have an inspection of the required radiotelephone installation at least once every 48 months. This inspection must be made while the vessel is in active service or within not more than one month before the date on which it is placed in service. ( b ) An inspection and certification of a ship subject to this subpart must be made by a technician holding one of the following: a General Radiotelephone Operator License, a GMDSS Radio Maintainer's License, a Radiotelegraph Operator License, a Second Class Radiotelegraph Operator's Certificate, or a First Class Radiotelegraph Operator's Certificate. Additionally, the technician must not be the vessel's owner, operator, master, or an employee of any of them. The results of the inspection must be recorded in the ship's radiotelephone log and include: ( 1 ) The date the inspection was conducted; ( 2 ) The date by which the next inspection needs to be completed; ( 3 ) The inspector's printed name, address, class of FCC license (including the serial number); ( 4 ) The results of the inspection, including any repairs made; and ( 5 ) The inspector's signed and dated certification that the vessel meets the requirements contained in this subpart and the Bridge-to-Bridge Act contained in subpart U of this part and has successfully passed the inspection. ( c ) The vessel owner, operator, or ship's master must certify that the inspection required by paragraph (b) of this section was satisfactory. ( d ) The ship's radiotelephone logs containing entries certifying that a Great Lakes safety inspection has been conducted must be retained on board and available for inspection until the next radio inspection. § 80.955 Radiotelephone installation. ( a ) Each U.S. flag vessel of less than 38 meters (124 feet) in length while subject to this subpart must have a radiotelephone meeting the provisions of this subpart in addition to the other rules in this part governing ship stations using telephony. ( b ) Each U.S. flag vessel of 38 meters (124 feet) or more in length while subject to this subpart must have a minimum of two VHF radiotelephone installations in operating condition meeting the provisions of this subpart. The second VHF installation must be electrically separate from the first VHF installation. However, both may be connected to the main power supply provided one installation can be operated from a separate power supply located as high as practicable on the vessel. ( c ) This paragraph does not require or prohibit the use of other frequencies for use by the same “radiotelephone installation” for communication authorized by this part. § 80.956 Required frequencies and uses. ( a ) Each VHF radiotelephone installation must be capable of transmitting and receiving G3E emission as follows: ( 1 ) Channel 16—156.800 MHz—Distress, Safety and Calling; and ( 2 ) Channel 6—156.300 MHz—Primary intership. ( b ) The radiotelephone station must have additional frequencies as follows: ( 1 ) Those ship movement frequencies appropriate to the vessel's area of operation: Channel 11—156.550 MHz, Channel 12—156.600 MHz, or Channel 14—156.700 MHz. ( 2 ) The navigational bridge-to-bridge frequency, 156.650 MHz (channel 13). ( 3 ) Such other frequencies as required for the vessel's service. ( 4 ) One channel for receiving marine navigational warnings for the area of operation. ( c ) Every radiotelephone station must include one or more transmitters, one or more receivers, one or more sources of energy and associated antennas and control equipment. The radiotelephone station, exclusive of the antennas and source of energy, must be located as high as practicable on the vessel, preferably on the bridge, and protected from water, temperature, and electrical and mechanical noise. § 80.957 Principal operating position. ( a ) The principal operating position of the radiotelephone installation must be on the bridge, convenient to the conning position. ( b ) When the radiotelephone station is not located on the bridge, operational control of the equipment must be provided at the location of the radiotelephone station and at the bridge operating position. Complete control of the equipment at the bridge operating position must be provided. § 80.959 Radiotelephone transmitter. ( a ) The transmitter must be capable of transmission of G3E emission on the required frequencies. ( b ) The transmitter must deliver a carrier power of between 10 watts and 25 watts into 50 ohms nominal resistance when operated with its rated supply voltage. The transmitter must be capable of readily reducing the carrier power to one watt or less. ( c ) To demonstrate the capability of the transmitter, measurements of primary supply voltage and transmitter output power must be made with the equipment operating on the vessel's main power supply, as follows: ( 1 ) The primary supply voltage measured at the power input terminals to the transmitter terminated in a matching artificial load, must be measured at the end of 10 minutes of continuous operation of the transmitter at its rated power output. ( 2 ) The primary supply voltage, measured in accordance with the procedures of this paragraph, must be not less than 11.5 volts. ( 3 ) The transmitter at full output power measured in accordance with the procedure of this paragraph must not be less than 10 watts. § 80.961 Radiotelephone receiver. ( a ) The receiver must be capable of reception of G3E emission on the required frequencies. ( b ) The receiver must have a sensitivity of at least 2 microvolts across 50 ohms for a 20 decibel signal-to-noise ratio. § 80.963 Main power supply. ( a ) A main power supply must be available at all times while the vessel is subject to the requirements of this subpart. ( b ) Means must be provided for charging any batteries used as a source of energy. A device which during charging of the batteries gives a continuous indication of charging current must be provided. § 80.965 Reserve power supply. ( a ) Each passenger vessel of more than 100 gross tons and each cargo vessel of more than 300 gross tons must be provided with a reserve power supply independent of the vessel's normal electrical system and capable of energizing the radiotelephone installation and illuminating the operating controls at the principal operating position for at least 2 continuous hours under normal operating conditions. When meeting this 2-hour requirement, such reserve power supply must be located on the bridge level or at least one deck above the vessel's main deck. ( b ) Instead of the independent power supply specified in paragraph (a) of this section, the vessel may be provided with an auxiliary radiotelephone installation having a power source independent of the vessel's normal electrical system. Any such installation must comply with §§ 80.955 , 80.956 , 80.957 , 80.959 , 80.961 , 80.969 and 80.971 , as well as the general technical standards contained in this part. Additionally, the power supply for any such auxiliary radiotelephone must be a “reserve power supply” for the purposes of paragraphs (c) , (d) and (e) of this section. ( c ) Means must be provided for adequately charging any batteries used as a reserve power supply for the required radiotelephone installation. A device must be provided which, during charging of the batteries, gives a continuous indication of charging. ( d ) The reserve power supply must be available within one minute. ( e ) The station licensee, when directed by the Commission, must prove by demonstration as prescribed in paragraphs (e)(1) , (2) , (3) , and (4) of this section that the reserve power supply is capable of meeting the requirements of paragraph (a) of this section as follows: ( 1 ) When the reserve power supply includes a battery, proof of the ability of the battery to operate continuously for the required time must be established by a discharge test over the required time, when supplying power at the voltage required for normal operation to an electric load as prescribed by paragraph (e)(3) of this section. ( 2 ) When the reserve power supply includes an engine driven generator, proof of the adequacy of the engine fuel supply to operate the unit continuously for the required time may be established by using as a basis the fuel consumption during a continuous period of one hour when supplying power, at the voltage required for normal operation, to an electrical load as prescribed by paragraph (e)(3) of this section. ( 3 ) For the purposes of determining the electrical load to be supplied, the following formula must be used: ( i ) One-half of the current of the radiotelephone while transmitting at its rated output, plus one-half the current while not transmitting; plus ( ii ) Current of the required receiver; plus ( iii ) Current of the source of illumination provided for the operating controls prescribed by § 80.969 ; plus ( iv ) The sum of the currents of all other loads to which the reserve power supply may provide power in time of emergency or distress. ( 4 ) At the conclusion of the test specified in paragraphs (e)(1) and (2) of this section, no part of the reserve power supply must have excessive temperature rise, nor must the specific gravity or voltage of any battery be below the 90 percent discharge point. § 80.967 Antenna system. The antenna must be omnidirectional, vertically polarized and located as high as practicable on the masts or superstructure of the vessel. § 80.969 Illumination of operating controls. ( a ) The radiotelephone must have dial lights which illuminate the operating controls at the principal operating position. ( b ) Instead of dial lights, a light from an electric lamp may be provided to illuminate the operating controls of the radiotelephone at the principal operating position. If a reserve power supply is required, arrangements must permit the use of that power supply for illumination within one minute. § 80.971 Test of radiotelephone installation. At least once during each calendar day a vessel subject to this subpart must test communications on 156.800 MHz to demonstrate that the radiotelephone installation is in proper operating condition unless the normal daily use of the equipment demonstrates that this installation is in proper operating condition. If equipment is not in operating condition, the master must have it restored to effective operation as soon as possible. Subpart U—Radiotelephone Installations Required by the Bridge-to-Bridge Act § 80.1001 Applicability. The Bridge-to-Bridge Act and the regulations of this part apply to the following vessels in the navigable waters of the United States: ( a ) Every power-driven vessel of 20 meters or over in length while navigating; ( b ) Every vessel of 100 gross tons and upward carrying one or more passengers for hire while navigating; ( c ) Every towing vessel of 7.8 meters (26 feet) or over in length, measured from end to end over the deck excluding sheer, while navigating; and ( d ) Every dredge and floating plant engaged, in or near a channel or fairway, in operations likely to restrict or affect navigation of other vessels. An unmanned or intermittently manned floating plant under the control of a dredge shall not be required to have a separate radiotelephone capability. [ 51 FR 31213 , Sept. 2, 1986, as amended at 57 FR 61012 , Dec. 23, 1992; 58 FR 44954 , Aug. 25, 1993] § 80.1003 Station required. Vessels subject to the Bridge-to-Bridge Act must have a radiotelephone installation to enable the vessel to participate in navigational communications. This radiotelephone installation must be continuously associated with the ship even though a portable installation is used. Foreign vessels coming into U.S. waters where a bridge-to-bridge station is required may fulfill this requirement by use of portable equipment brought a board by the pilot. Non portable equipment, when used, must be arranged to facilitate repair. The equipment must be protected against vibration, moisture, temperature and excessive currents and voltages. § 80.1005 Inspection of station. The bridge-to-bridge radiotelephone station will be inspected on vessels subject to regular inspections pursuant to the requirements of Parts II and III of Title III of the Communications Act, the Safety Convention, or subpart T of this part at the time of the regular inspection. If after such inspection, the Commission determines that the Bridge-to-Bridge Act, the rules of the Commission and the station license are met, an endorsement will be made on the appropriate document. The validity of the endorsement will run concurrently with the period of the regular inspection. Each vessel must carry a certificate with a valid endorsement while subject to the Bridge-to-Bridge Act. All other bridge-to-bridge stations will be inspected from time-to-time. An inspection of the bridge-to-bridge station on a vessel subject to subpart T of this part must normally be made at the same time as the inspection required under subpart T of this part and must be conducted by a technician holding one of the following: a General Radiotelephone Operator License, a GMDSS Radio Maintainer's License, a Radiotelegraph Operator License, a Second Class Radiotelegraph Operator's Certificate, or a First Class Radiotelegraph Operator's Certificate. Additionally, the technician must not be the vessel's owner, operator, master, or an employee of any of them. Ships subject to the Bridge-to-Bridge Act may, in lieu of an endorsed certificate, certify compliance in the station log required by section 80.409(f) . [ 88 FR 77224 , Nov. 9, 2023] § 80.1007 Bridge-to-bridge radiotelephone installation. Use of the bridge-to-bridge transmitter must be restricted to the master or person in charge of the vessel, or the person designated by the master or person in charge to pilot or direct the movement of the vessel. Communications must be of a navigational nature exclusively. § 80.1009 Principal operator and operating position. The principal operating position of the bridge-to-bridge station must be the vessel's navigational bridge or, in the case of dredges, its main control station. If the radiotelephone installation can be operated from any location other than the principal operating position, the principal operating position must be able to take full control of the installation. § 80.1011 Transmitter. ( a ) The bridge-to-bridge transmitter must be capable of transmission of G3E emission on the navigational frequency 156.650 MHz (Channel 13) and the Coast Guard liaison frequency 157.100 MHz (Channel 22A). Additionally, the bridge-to-bridge transmitter must be capable of transmission of G3E emission on the navigational frequency of 156.375 MHz (Channel 67) while transiting any of the following waters: ( 1 ) The lower Mississippi River from the territorial sea boundary, and within either the Southwest Pass safety fairway or the South Pass safety fairway specified in § 166.200 of the U.S. Coast Guard's Rules, 33 CFR 166.200 , to mile 242.4 AHP (Above Head of Passes) near Baton Rouge; ( 2 ) The Mississippi River-Gulf Outlet from the territorial sea boundary, and within the Mississippi River-Gulf outlet Safety Fairway specified in § 166.200 of the U.S. Coast Guard's Rules, 33 CFR 166.200 , to that channel's junction with the Inner Harbor Navigation Canal; and ( 3 ) The full length of the Inner Harbor Navigation Canal from its junction with the Mississippi River to that canal's entry to Lake Pontchartrain at the New Seabrook vehicular bridge. ( b ) [Reserved] [ 57 FR 61012 , Dec. 23, 1992] § 80.1013 Receiver. The bridge-to-bridge receiver must be capable of reception of G3E emission on the navigational frequency 156.650 MHz (Channel 13) and the Coast Guard liaison frequency 157.100 MHz (Channel 22A). In addition, the bridge-to-bridge receiver must be capable of reception of G3E emission on the navigational frequency of 156.375 MHz (Channel 67) while transiting in the waters of the lower Mississippi River as described in §§ 80.1011 (a)(1) , (a)(2) and (a)(3) of this part . [ 57 FR 61012 , Dec. 23, 1992] § 80.1015 Power supply. ( a ) There must be readily available for use under normal load conditions, a power supply sufficient to simultaneously energize the bridge-to-bridge transmitter at its required antenna power, and the bridge-to-bridge receiver. Under this load condition the voltage of the power supply at the power input terminals of the bridge-to-bridge radiotelephone installation must not deviate from its rated voltage by more than 10 percent on vessels completed on or after March 1, 1957, nor by more than 15 percent on vessels completed before that date. ( b ) When the power supply for a nonportable bridge-to-bridge radiotelephone installation consists of or includes batteries, they must be installed as high above the bilge as practicable, secured against shifting with motion of the vessel, and accessible with not less than 26 cm (10 in.) head room. ( c ) Means must be provided for adequately charging any rechargeable batteries used in the vessel's bridge-to-bridge radiotelephone installation. There must be provided a device which will give a continuous indication of the charging current during charging. [ 51 FR 31213 , Sept. 2, 1986, as amended at 58 FR 44954 , Aug. 25, 1993] § 80.1017 Antenna system. ( a ) An antenna must be provided for nonportable bridge-to-bridge radiotelephone installations which is nondirectional and vertically polarized. The construction and installation of this antenna must insure proper operation in time of an emergency. ( b ) In cases where portable bridge-to-bridge equipment is permanently associated with a vessel, the equipment must be provided with a connector for an external antenna of a type capable of meeting requirements of paragraph (a) of this section and § 80.71 . The vessel must be equipped with an external antenna meeting requirements of paragraph (a) of this section and § 80.71 , capable of use with the portable equipment during a normal listening watch. § 80.1019 Antenna radio frequency indicator. Each nonportable bridge-to-bridge transmitter must be equipped, at each point of control, with a carrier operated device which will provide continuous visual indication when the transmitter is supplying power to the antenna transmission line or, in lieu thereof, a pilot lamp or meter which will provide continuous visual indication when the transmitter control circuits have been placed in a condition to activate the transmitter. [ 52 FR 35246 , Sept. 18, 1987] § 80.1021 Nameplate. A durable nameplate must be mounted on the required radiotelephone or be an integral part of it. When the transmitter and receiver comprise a single unit, one nameplate is sufficient. The nameplate must show at least the name of the manufacturer and the type or model number. § 80.1023 Test of radiotelephone installation. Unless normal use of the required radiotelephone installation demonstrates that the equipment is in proper operating condition, a test communication for this purpose must be made by a qualified operator each day the vessel is navigated. If the equipment is not in proper operating condition, the master must be promptly notified. The master must have it restored to effective operating condition as soon as possible. Subpart V—Emergency Position Indicating Radiobeacons (EPIRB's) § 80.1051 Scope. This subpart describes the technical and performance requirements for EPIRB stations. [ 73 FR 4488 , Jan. 25, 2008] § 80.1053 Prohibition on certification, manufacture, importation, sale or use of Class A, Class B, Class S, and INMARSAT-E EPIRBs. The manufacture, importation, sale or use of Class A, Class B, Class S, or INMARSAT-E EPIRBs is prohibited. New Class A, Class B, Class S, or INMARSAT-E EPIRBs will no longer be certified by the Commission. [ 81 FR 90748 , Dec. 15, 2016] §§ 80.1055-80.1059 [Reserved] § 80.1061 Special requirements for 406.0-406.1 MHz EPIRB stations. ( a ) Notwithstanding the provisions in paragraph (b) of this section, 406.0-406.1 MHz EPIRBs must meet all the technical and performance standards contained in RTCM 11000 (incorporated by reference, see § 80.7 ), and must also comply with the standards specified in § 80.1101(c)(5) . Beginning January 17, 2018, all new applications for certification of 406.0-406.1 MHz EPIRBs must demonstrate compliance with the requirements of RTCM 11000. 406.0-406.1 MHz EPIRBs that do not meet the requirements of RTCM 11000 shall not be manufactured, imported, or sold in the United States beginning January 17, 2020. Operation of 406.0-406.1 MHz EPIRBs that do not meet the requirements of RTCM 11000 shall be prohibited on vessels subject to 47 CFR subparts R , S , or W beginning January 17, 2023. Existing 406.0-406.1 MHz EPIRBs that do not meet the requirements of RTCM 11000 must be operated as certified. ( b ) The 406.0-406.1 EPIRB must contain as an integral part a “homing” beacon operating only on 121.500 MHz that meets all the requirements described in the RTCM Recommended Standards document described in paragraph (a) of this section. The 121.500 MHz “homing” beacon must have a continuous duty cycle that may be interrupted during the transmission of the 406.0-406.1 MHz signal only. Additionally, at least 30 percent of the total power emitted during any transmission cycle must be contained within plus or minus 30 Hz of the carrier frequency. ( c ) Prior to submitting a certification application for a 406.0-406.1 MHz radiobeacon, the radiobeacon must be certified by a test facility recognized by one of the COSPAS-SARSAT Partners that the equipment satisfies the design characteristics associated with the measurement methods incorporated in RTCM Standard 11000 (incorporated by reference, see § 80.7 ). Additionally, the radiobeacon must be subjected to the environmental and operational tests associated with the test procedures described in Appendix A of RTCM Standard 11000, by a test facility accepted by the U.S. Coast Guard for this purpose. Information regarding accepted test facilities may be obtained from Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Ave. SE., Washington, DC 20593-7126, http://cgmix.uscg.mil/EQLabs/EQLabsSearch.aspx . ( 1 ) After a 406.0-406.1 MHz EPIRB has been certified by the recognized test facilities the following information must be submitted in duplicate to typeapproval@uscg.mil or the Commandant (CG-ENF-4), U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Ave. SE., Washington, DC 20593-7509: ( i ) The name of the manufacturer or grantee and model number of the EPIRB; ( ii ) Copies of the certificate and test data obtained from the test facility recognized by a COSPAS/SARSAT Partner showing that the radiobeacon complies with the COSPAS-SARSAT design characteristics associated with the measurement methods incorporated in RTCM 11000; ( iii ) Copies of the test report and test data obtained from the test facility recognized by the U.S. Coast Guard showing that the radiobeacon complies with the U.S. Coast Guard environmental and operational characteristics associated with the measurement methods described in Appendix A of the RTCM Recommended Standards; and ( iv ) Instruction manuals associated with the radiobeacon, description of the test characteristics of the readiobeacon including assembly drawings, electrical schematics, description of parts list, specifications of materials and the manufacturer's quality assurance program. ( 2 ) After reviewing the information described in paragraph (c)(1) of this section the U.S. Coast Guard will issue a letter stating whether the radiobeacon satisfies all RTCM Recommended Standards. ( d ) A certification application for a 406.0-406.1 MHz EPIRB must also contain a copy of the U.S. Coast Guard letter that states the radiobeacon satisfies all RTCM Recommended Standards, a copy of the technical test data, and the instruction manual(s). ( e ) An identification code, recognized by the National Oceanic and Atmospheric Administration (NOAA), the United States Program Manager for the 406.0-406.1 MHz COSPAS/SARSAT satellite system, must be programmed in each EPIRB unit to establish a unique identification for each EPIRB station. With each marketable EPIRB unit, the manufacturer or grantee must include a postage pre-paid registration card printed with the EPIRB identification code addressed to: NOAA/SARSAT Beacon Registration, NSOF, E/SPO53, 1315 East West Hwy, Silver Spring, MD 20910-9684. The registration card must request the owner's name, address, telephone number, type of ship, alternate emergency contact and other information as required by NOAA. The registration card must also contain information regarding the availability to register the EPIRB at NOAA's online web-based registration database at: http://www.beaconregistration.noaa.gov . In addition, the following statement must be included: “WARNING—failure to register this EPIRB with NOAA before installation could result in a monetary forfeiture being issued to the owner.” ( f ) To enhance protection of life and property it is mandatory that each 406.0-406.1 MHz EPIRB be registered with NOAA before installation and that information be kept up-to-date. Therefore, in addition to the identification plate or label requirements contained in §§ 2.925 and 2.926 of this chapter , each 406.0-406.1 MHz EPIRB must be provided on the outside with a clearly discernible permanent plate or label containing the following statement: “The owner of this 406.0-406.1 MHz EPIRB must register the NOAA identification code contained on this label with the National Oceanic and Atmospheric Administration (NOAA) whose address is: NOAA/SARSAT Beacon Registration, NSOF, E/SPO53, 1315 East West Hwy, Silver Spring, MD 20910-9684.” Vessel owners shall advise NOAA in writing upon change of vessel or EPIRB ownership, transfer of EPIRB to another vessel, or any other change in registration information. NOAA will provide registrants with proof of registration and change of registration postcards. ( g ) For 406.0-406.1 MHz EPIRBs whose identification code can be changed after manufacture, the identification code shown on the plate or label must be easily replaceable using commonly available tools. [ 68 FR 46974 , Aug. 7, 2003, as amended at 69 FR 64678 , Nov. 8, 2004; 73 FR 4488 , Jan. 25, 2008; 76 FR 67616 , Nov. 2, 2011; 79 FR 77918 , Dec. 29, 2014; 81 FR 90748 , Dec. 15, 2016] Subpart W—Global Maritime Distress and Safety System (GMDSS) General Provisions This subpart contains the rules applicable to the Global Maritime Distress and Safety System (GMDSS). Every ship of the United States subject to part II of title III of the Communications Act or the Safety Convention must comply with the provisions of this subpart. The rules in this subpart are to be read in conjunction with the applicable requirements contained elsewhere in this part; however, in case of conflict, the provisions of this subpart shall govern with respect to the GMDSS. For the purposes of this subpart, distress and safety communications include distress, urgency, and safety calls and messages. Source: 57 FR 9065 , Mar. 16, 1992, unless otherwise noted. Note: No provision of this subpart is intended to eliminate, or in anyway modify, other requirements contained in this part with respect to part II of title III of the Communications Act. § 80.1065 Applicability. ( a ) The regulations contained within this subpart apply to all passenger ships regardless of size and cargo ships of 300 tons gross tonnage and upwards. ( b ) The requirements of this subpart do not modify the requirements for ships navigated on the Great Lakes or small passenger boats. The requirements contained in subpart T of this part continue to apply. The requirements contained in part III of title III of the Communications Act continue to apply (see subpart S of this part ). ( c ) No provision in this subpart is intended to prevent the use by any ship, survival craft, or person in distress, of any means at their disposal to attract attention, make known their position and obtain help. [ 57 FR 9065 , Mar. 16, 1992, as amended at 60 FR 58245 , Nov. 27, 1995; 60 FR 62927 , Dec. 7, 1995; 73 FR 4489 , Jan. 25, 2008; 88 FR 77224 , Nov. 9, 2023] § 80.1067 Inspection of station. ( a ) Ships must have the required equipment inspected at least once every 12 months by an FCC-licensed technician holding a GMDSS Radio Maintainer's License. If the ship passes the inspection the technician will issue a Safety Certificate. Safety Certificates may be obtained from the Commission's National Call Center at 1-888-CALL FCC (1-888-225-5322). The effective date of the ship Safety Certificate is the date the station is found to be in compliance or not later than one business day later. The FCC-licensed technician must use the latest FCC Information Bulletin, How to Conduct a GMDSS Inspection, which may be obtained at http://www.fcc.gov . ( b ) Certificates issued in accordance with the Safety Convention must be posted in a prominent and accessible place on the ship. [ 57 FR 9065 , Mar. 16, 1992, as amended at 63 FR 29660 , June 1, 1998; 80 FR 53752 , Sept. 8, 2015] § 80.1069 Maritime sea areas. ( a ) For the purpose of this subpart, a ship's area of operation is defined as follows: ( 1 ) Sea area A1. An area within the radiotelephone coverage of at least one VHF coast station in which continuous DSC alerting is available as defined by the International Maritime Organization. ( 2 ) Sea area A2. An area, excluding sea area A1, within the radiotelephone coverage of at least one MF coast station in which continuous DSC alerting is available as defined by the International Maritime Organization. ( 3 ) Sea area A3. An area, excluding sea areas A1 and A2, within the coverage of an INMARSAT geostationary satellite in which continuous alerting is available. ( 4 ) Sea area A4. An area outside sea areas A1, A2 and A3. ( b ) Maritime sea areas are delineated in the International Maritime Organization Publication GMDSS Master Plan of Shore-Based Facilities. The Master Plan can be purchased from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR, United Kingdom. § 80.1071 Exemptions. ( a ) In certain circumstances, partial or conditional exemptions may be granted to individual ships from the requirements of §§ 80.1085 , 80.1087 , 80.1089 , 80.1091 , and 80.1093 provided: such ships comply with the functional requirements of § 80.1081 and a showing is made that such an exemption will not have a material effect upon the general efficiency of the service for the safety of all ships. ( b ) An exemption may be granted under paragraph (a) of this section only: ( 1 ) If the conditions affecting safety are such as to render the full application of §§ 80.1085 , 80.1087 , 80.1089 , 80.1091 , and 80.1093 unreasonable or unnecessary or otherwise not in the public interest; ( 2 ) In exceptional circumstances, for a single voyage outside the sea area or sea areas for which the ship is equipped. ( c ) All fishing vessels of 300 gross tons and upward are exempt from subpart W requirements applicable for carriage of VHF-DSC and MF-DSC equipment until one year after the USCG establishes GMDSS coast facilities for Sea Areas A1 and A2, if the following provisions are met: ( 1 ) The ship is equipped with: ( i ) A VHF radiotelephone installation. ( ii ) A MF or HF radiotelephone installation. ( iii ) A Category 1, 406.0-406.1 MHz EPIRB meeting the requirements of § 80.1061 ; ( iv ) A NAVTEX receiver meeting the requirements of § 80.1101(c)(1) ; ( v ) Survival craft equipment meeting the requirements of § 80.1095 ; ( vi ) A Search and Rescue Transponder meeting the requirements of § 80.1101(c)(6) ; and ( 2 ) The ship remains within coverage of a VHF coast station and maintains a continuous watch on VHF Channel 16; or ( 3 ) The vessel remains within coverage of an MF coast station and maintains a continuous watch on 2182 kHz and VHF Channel 16. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46975 , Aug. 7, 2003; 73 FR 4489 , Jan. 25, 2008] § 80.1073 Radio operator requirements for ship stations. ( a ) Ships must carry at least two persons holding GMDSS Radio Operator's Licenses as specified in § 13.7 of this chapter for distress and safety radiocommunications purposes. The GMDSS Radio Operator's License qualifies personnel as a GMDSS radio operator for the purposes of operating a GMDSS radio installation, including basic equipment adjustments as denoted in the knowledge requirements specified in § 13.203 of this chapter . ( 1 ) A qualified GMDSS radio operator must be designated to have primary responsibility for radiocommunications during distress incidents, except if the vessel operates exclusively within twenty nautical miles of shore, in which case a qualified restricted radio operator may be so designated. ( 2 ) A second qualified GMDSS radio operator must be designated as backup for distress and safety radiocommunications, except if the vessel operates exclusively within twenty nautical miles of shore, in which case a qualified restricted GMDSS radio operator may be so designated. ( b ) A qualified GMDSS radio operator, and a qualified backup, as specified in paragraph (a) of this section must be: ( 1 ) Available to act as the dedicated radio operator in cases of distress as described in § 80.1109(a) ; ( 2 ) Designated to perform as part of normal routine each of the applicable communications described in § 80.1109(b) ; ( 3 ) Responsible for selecting HF DSC guard channels and receiving scheduled maritime safety information broadcasts; ( 4 ) Designated to perform communications described in § 80.1109(c) ; ( 5 ) Responsible for ensuring that the watches required by § 80.1123 are properly maintained; and ( 6 ) Responsible for ensuring that the ship's navigation position is entered into all installed DSC equipment, either automatically through a connected or integral navigation receiver, or manually at least every four hours when the ship is underway. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46975 , Aug. 7, 2003; 73 FR 4489 , Jan. 25, 2008] § 80.1074 Radio maintenance personnel for at-sea maintenance. ( a ) Ships that elect the at-sea option for maintenance of GMDSS equipment (see § 80.1105 ) must carry at least one person who qualifies as a GMDSS radio maintainer, as specified in paragraph (b) of this section, for the maintenance and repair of equipment specified in this subpart. This person may be, but need not be, the person designated as GMDSS radio operator as specified in § 80.1073 . ( b ) The following licenses qualify personnel as GMDSS radio maintainers to perform at-sea maintenance of equipment specified in this subpart. For the purposes of this subpart, no order is intended by this listing or the alphanumeric designator. ( 1 ) DM: GMDSS Maintainer's License; ( 2 ) DB: GMDSS Operator's/Maintainer's License. ( c ) While at sea, all adjustments of radio installations, servicing, or maintenance of such installations that may affect the proper operation of the GMDSS station must be performed by, or under the immediate supervision and responsibility of, a qualified GMDSS radio maintainer as specified in paragraph (b) of this section. ( d ) The GMDSS radio maintainer must possess the knowledge covering the requirements set forth in IMO Assembly on Training for Radio Personnel (GMDSS), Annex 5 and IMO Assembly on Radio Maintenance Guidelines for the Global Maritime Distress and Safety System related to Sea Areas A3 and A4. [ 57 FR 9065 , Mar. 16, 1992, as amended at 63 FR 49872 , Sept. 18, 1998; 68 FR 46976 , Aug. 7, 2003; 76 FR 67616 , Nov. 2, 2011] § 80.1075 Radio records. A record must be kept, as required by the Radio Regulations and § 80.409 (a) , (b) and (e) , of all incidents connected with the radiocommunication service which appear to be of importance to safety of life at sea. § 80.1077 Frequencies. The following table describes the frequencies used in the Global Maritime Distress and Safety System: Alerting: 406.0-406.1 EPIRBs 406.0-406.1 MHz (Earth-to-space). 1544-1545 MHz (space-to-Earth). INMARSAT Ship Earth Stations capable of voice and/or direct printing 1626.5-1645.5 MHz (Earth-to-space). VHF DSC Ch. 70 156.525 MHz. 1 MF/HF DSC 2 2187.5 kHz 3 , 4207.5 kHz, 6312 kHz, 8414.5 kHz, 12577 kHz, and 16804.5 kHz. On-scene communications: VHF Ch.16 156.8 MHz. MF Radiotelephony 2182 kHz. NBDP 2174.5 kHz. Communications involving aircraft: On-scene, including search and rescue 156.8 MHz 4 , 121.5 MHz 5 , 123.1 MHz, 156.3 MHz, 2182 kHz, 3023 kHz, 4125 kHz, and 5680 kHz. 6 Locating signals: 406-406.1 EPIRB Beacons 121.5 MHz. 9 GHz radar transponders 9200-9500 MHz. Maritime safety information (MSI): International NAVTEX 518 kHz. 7 Warnings 490 kHz, 4209.5 kHz. NBDP 4210 kHz, 6314 kHz, 8416.5 kHz, 12579 kHz, 16806.5 kHz, 19680.5 kHz, 22376 kHz, 26100.5 kHz. Satellite 1530-1545 MHz. 10 General distress and safety communications and calling: Satellite 1530-1544 MHz (space-to-Earth) and 1626.5-1645.5 MHz (Earth-to-space). 10 Radiotelephony 2182 kHz, 4125 kHz, 6215 kHz, 8291 kHz, 12290 kHz, 16420 kHz, and 156.8 MHz. NBDP 2174.5 kHz, 4177.5 kHz, 6268 kHz, 8376.5 kHz, 12520 kHz, and 16695 kHz. DSC 2187.5 kHz, 4207.5 kHz, 6312 kHz, 8414.5 kHz, 12577 kHz, 16804.5 kHz, and 156.525 MHz. Survival craft: VHF radiotelephony 156.8 MHz and one other 156-174 MHz frequency 9 GHz radar transponders 9200-9500 MHz. 1 Frequency 156.525 MHz can be used for ship-to-ship alerting and, if within sea area A1, for ship-to-shore alerting. 2 For ships equipped with MF/HF equipment, there is a watch requirement on 2187.5 kHz, 8414.5 kHz, and one other frequency. 3 Frequency 2187.5 kHz can be used for ship-to-ship alerting and, if within sea area A2, for ship-to-shore alerting. 4 Frequency 156.8 MHz may also be used by aircraft for safety purposes only. 5 Frequency 121.5 MHz may be used by ships for aeronautical distress and urgency purposes. 6 The priority of use for ship-aircraft communications is 4125 kHz, then 3023 kHz. Additionally, frequencies 123.1 MHz, 3023 kHz and 5680 kHz can be used by land stations engaged in coordinated search and rescue operations. 7 The international NAVTEX frequency 518 kHz is the primary frequency for receiving maritime safety information. The other frequencies are used only to augment the coverage or information provided on 518 kHz. 8 [Reserved] 9 [Reserved] 10 In addition to EPIRBs, 1544-1545 MHz can be used for narrowband distress and safety operations and 1645.5-1646.5 MHz can be used for relay of distress alerts between satellites. Feeder links for satellite communications are assigned from the fixed satellite service, see 47 CFR § 2.106 . 11 [Reserved] [ 69 FR 64678 , Nov. 8, 2004, as amended at 73 FR 4489 , Jan. 25, 2008; 76 FR 67616 , Nov. 2, 2011] Equipment Requirements for Ship Stations § 80.1081 Functional requirements. Ships, while at sea, must be capable: ( a ) Except as provided in §§ 80.1087(a)(1) and 80.1091(a)(4)(iii) , of transmitting ship-to-shore distress alerts by at least two separate and independent means, each using a different radiocommunication service; ( b ) Of receiving shore-to-ship distress alerts; ( c ) Of transmitting and receiving ship-to-ship distress alerts; ( d ) Of transmitting and receiving search and rescue co-ordinating communications; ( e ) Of transmitting and receiving on-scene communications; ( f ) Of transmitting and receiving signals for locating; ( g ) Of transmitting and receiving maritime safety information; ( h ) Of transmitting and receiving general radiocommunications to and from shore-based radio sytsems or networks; and ( i ) Of transmitting and receiving bridge-to-bridge communications. § 80.1083 Ship radio installations. ( a ) Ships must be provided with radio installations capable of complying with the functional requirements prescribed by § 80.1081 throughout its intended voyage and, unless exempted under § 80.1071 , complying with the requirements of § 80.1085 and, as appropriate for the sea area of areas through which it will pass during its intended voyage, the requirements of either § 80.1087 , § 80.1089 , § 80.1091 , or § 80.1093 . ( b ) The radio installation must: ( 1 ) Be so located that no harmful interference of mechanical, electrical or other origin affects its proper use, and so as to ensure electromagnetic compatibility and avoidance of harmful interaction with other equipment and systems; ( 2 ) Be so located as to ensure the greatest possible degree of safety and operational availability; ( 3 ) Be protected against harmful effects of water, extremes of temperature and other adverse environmental conditions; ( 4 ) Be provided with reliable, permanently arranged electrical lighting, independent of the main and emergency sources of electrical power, for the adequate illumination of the radio controls for operating the radio installation; and ( 5 ) Be clearly marked with the call sign, the ship station identity and other codes as applicable for the use of the radio installation. ( c ) Control of the VHF radiotelephone channels required for navigational safety must be immediately available on the navigating bridge convenient to the conning position and, where necessary, facilities should be available to permit radiocommunications from the wings of the navigating bridge. Portable VHF equipment may be used to meet the latter provision. ( d ) Shipborne Integrated Radiocommunication System (IRCS) may be utilized to integrate all GMDSS equipment into a standard operator's console. Such installation must be certified in accordance with § 80.1103 and meet the requirements of IMO Resolution A.811(19) (incorporated by reference, see § 80.7 ). ( e ) In passenger ships, a distress panel shall be installed at the conning position. This panel shall contain either one single button which, when pressed, initiates a distress alert using all radiocommunications installations required on board for that purpose or one button for each individual installation. The panel shall clearly and visually indicate whenever any button or buttons have been pressed. Means shall be provided to prevent inadvertent activation of the button or buttons. If the satellite EPIRB is used as the secondary means of distress alerting and is not remotely activated, it shall be acceptable to have an additional EPIRB installed in the wheelhouse near the conning position. ( f ) In passenger ships, information on the ship's position shall be continuously and automatically provided to all relevant radiocommunications equipment to be included in the initial distress alert when the button or buttons on the distress panel is pressed. ( g ) In passenger ships, a distress alarm panel shall be installed at the conning position. The distress alarm panel shall provide visual and aural indication of any distress alert or alerts received on board and shall also indicate through which radiocommunication service the distress alerts have been received. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46976 , Aug. 7, 2003; 69 FR 64679 , Nov. 8, 2004; 73 FR 4489 , Jan. 25, 2008; 76 FR 67616 , Nov. 2, 2011] § 80.1085 Ship radio equipment—General. This section contains the general equipment requirements for all ships subject to this subpart. ( a ) Ships must be provided with: ( 1 ) A VHF radio installation capable of transmitting and receiving: ( i ) DSC on the frequency 156.525 MHz (channel 70), and it must be able to initiate the transmission of distress alerts on channel 70 from the position from which the ship is normally navigated; and ( ii ) Radiotelephony on the frequencies 156.300 MHz (channel 6), 156.650 MHz (channel 13), and 156.800 MHz (channel 16); ( 2 ) A dedicated, non-scanning radio installation capable of maintaining a continuous DSC watch on VHF channel 70 which may be separate from, or combined with, that required by paragraph (a)(1)(i) of this section; ( 3 ) A radar transponder capable of operating in the 9 GHz band or an AIS-SART, which must be stowed so that it is easily utilized (this device may be one of those required by § 80.1095(b) for a survival craft); ( 4 ) A receiver capable of receiving international NAVTEX service broadcasts; ( 5 ) If the ship is engaged on voyages in any area of INMARSAT coverage in which an international NAVTEX service is not provided, a radio facility for reception of maritime safety information by the INMARSAT enhanced group calling system, i.e., SafetyNet, (this requirement does not apply to ships engaged exclusively on voyages in areas where an HF direct-printing telegraphy maritime safety information service, as identified by the IMO GMDSS Master Plan Publication, is provided and the ship is fitted with equipment capable of receiving such service); and ( 6 ) A satellite emergency position-indicating radio beacon (satellite EPIRB) which must be: ( i ) Capable of transmitting a distress alert through the polar orbiting satellite service operating in the 406.0-406.1 MHz band (406.0-406.1 MHz EPIRB); and ( ii ) Installed in an easily accessible position, ready to be manually released and capable of being carried by one person into a survival craft, capable of floating free if the ship sinks and of being automatically activated when afloat, and capable of being activated manually. ( iii ) Examined and tested annually in accordance with the IMO standard, IMO Circular MSC/Circ.1040 (incorporated by reference, see § 80.7 ). See § 80.1105(k) . ( b ) Ships must carry either the most recent edition of the IMO publication entitled GMDSS Master Plan of Shore-Based Facilities, the U.S. NGA Publication 117, or the Admiralty List of Radio Signals Volume 5 Global Maritime Distress and Safety System. Notice of new editions will be published on the Commission's Wireless Telecommunications Bureau Web page under “Marine Services” and information will be provided about obtaining the new document. ( c ) All GMDSS equipment capable of transmitting an automatic distress alert which includes position of the ship must have either an integral navigation receiver or capability of being connected to an external navigation receiver. If an external navigation receiver is installed, it shall be connected to all of the alerting devices referred to in paragraph (a) of this section. If there is no navigation receiver, the position must be entered manually for each alerting device at least once every 4 hours (at the change of the navigation watch). ( d ) Every passenger ship shall be provided with means for two-way on-scene radiocommunications for search and rescue purposes using the aeronautical frequencies 121.5 and 123.1 MHz from the position from which the ship is normally navigated. [ 57 FR 9065 , Mar. 16, 1992, as amended at 60 FR 50122 , Sept. 28, 1995; 68 FR 46977 , Aug. 7, 2003; 69 FR 64679 , Nov. 8, 2004; 73 FR 4489 , Jan. 25, 2008; 76 FR 67616 , Nov. 2, 2011; 78 FR 23158 , Apr. 18, 2013; 81 FR 90748 , Dec. 15, 2016] § 80.1087 Ship radio equipment—Sea area A1. This section contains the additional equipment requirements for ships that remain within sea area A1 at all times. ( a ) In addition to meeting the requirements of § 80.1085 , ships engaged on voyages exclusively in sea area A1 must be provided with a radio installation capable of initiating the transmission of ship-to-shore distress alerts from the position from which the ship is normally navigated, operating either: ( 1 ) On VHF using DSC; or ( 2 ) Through the polar orbiting satellite service on 406.0-406.1 MHz (this requirement may be fulfilled by the EPIRB required by § 80.1085(a)(6) , either by installing the EPIRB close to, or by allowing remote activation from, the position from which the ship is normally navigated); or ( 3 ) On MF using DSC if the ship is engaged on voyages within coverage of MF coast stations equipped with DSC; or ( 4 ) On HF using DSC; or ( 5 ) Through the INMARSAT geostationary satellite service if within INMARSAT coverage. This requirement may be fulfilled by an INMARSAT ship earth station capable of two way communication. ( b ) The VHF radio installation, required by § 80.1085(a)(1) , must also be capable of transmitting and receiving general radiocommunications using radiotelephony. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46977 , Aug. 7, 2003; 69 FR 64680 , Nov. 8, 2004; 73 FR 4490 , Jan. 25, 2008; 76 FR 67617 , Nov. 2, 2011] § 80.1089 Ship radio equipment—Sea areas A1 and A2. This section contains the additional equipment requirements for ships that remain within sea areas A1 or A2 at all times. Ships fitting in accordance with this section satisfy the sea area A1 requirements denoted in § 80.1087 . ( a ) In addition to meeting the requirements of § 80.1085 , ships engaged on voyages beyond sea area A1, but remaining within sea area A2, must be provided with: ( 1 ) An MF radio installation capable of transmitting and receiving, for distress and safety purposes, on the frequencies: ( i ) 2187.5 kHz using DSC; and ( ii ) 2182 kHz using radiotelephony; ( 2 ) A radio installation capable of maintaining a continuous DSC watch on the frequency 2187.5 kHz which may be separate from or combined with, that required by paragraph (a)(1)(i) of this section; and ( 3 ) Means of initiating the transmission of ship-to-shore distress alerts by a radio service other than MF operating either: ( i ) Through the polar orbiting satellite service on 406.0-406.1 MHz (this requirement may be fulfilled by the EPIRB required by § 80.1085(a)(6) , either by installing the EPIRB close to, or by allowing remote activation from, the position from which the ship is normally navigated); or ( ii ) On HF using DSC; or ( iii ) Through the INMARSAT geostationary satellite service if within INMARSAT coverage; this requirement may be fulfilled by an INMARSAT ship earth station. ( b ) It must be possible to initiate transmission of distress alerts by the radio installations specified in paragraphs (a)(1) and (a)(3) of this section from the position from which the ship is normally navigated. ( c ) Ships subject to this section must be capable of transmitting and receiving general radiocommunications using radiotelephony or direct-printing telegraphy by either: ( 1 ) A radio installation operating on working frequencies in the bands between 1605-4000 kHz or between 4000-27500 kHz (this requirement may be fulfilled by the addition of this capability to the equipment required by paragraph (a)(1) of this section); or ( 2 ) An INMARSAT ship earth station. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46977 , Aug. 7, 2003; 69 FR 64680 , Nov. 8, 2004; 73 FR 4490 , Jan. 25, 2008; 76 FR 67617 , Nov. 2, 2011] § 80.1091 Ship radio equipment—Sea areas A1, A2, and A3. This section contains the additional equipment requirements for ships that remain within sea areas A1, A2, or A3 at all times. Ships fitting in accordance with this section satisfy the requirements denoted in § 80.1087 or § 80.1089 for sea-areas A1 and A2. Ships fitting in accordance to this section have the option to comply with either the requirements of paragraph (a) or (b) of this section. ( a ) In addition to meeting the requirements of § 80.1085 , ships subject to this section must be provided with: ( 1 ) An INMARSAT ship earth station capable of: ( i ) Transmitting and receiving distress and safety data communications; ( ii ) Initiating and receiving distress priority calls; ( iii ) Maintaining watch for shore-to-ship distress alert, including those directed to specifically defined geographical areas; ( iv ) Transmitting and receiving general radiocommunications, using either radiotelephony or direct-printing telegraphy; and ( 2 ) An MF radio installation capable of transmitting and receiving, for distress and safety purposes, on the frequencies: ( i ) 2187.5 kHz using DSC; and ( ii ) 2182 kHz using radiotelephony; and ( 3 ) A radio installation capable of maintaining a continuous DSC watch on the frequency 2187.5 kHz which may be separate from or combined with that required by paragraph (a)(2)(i) of this section; and ( 4 ) Means of initiating the transmission of ship-to-shore distress alerts by a radio service operating either: ( i ) Through the polar orbiting satellite service on 406.0-406.1 MHz (this requirement may be fulfilled by the EPIRB required by § 80.1085(a)(6) , either by installing the EPIRB close to, or by allowing remote activation from, the position from which the ship is normally navigated); or ( ii ) On HF using DSC: or ( iii ) Through the INMARSAT geostationary satellite service, by an additional ship earth station. Note to paragraph ( a )(4)( iii ): For ships subject to this subpart, sailing only in domestic waters, alternative satellite system fitting may be considered. However, the satellite system fitted must comply with all features of the INMARSAT system for its intended function. These are shown in IMO Resolution A.801(19) and in IMO Resolution A.1001(25) (both incorporated by reference, see § 80.7 ). In any case, the alternative satellite system must provide continuous coverage for all sea areas in which the ship intends to sail. ( b ) In addition to meeting the requirements of § 80.1085 , ships subject to this section must be provided with: ( 1 ) An MF/HF radio installation capable of transmitting and receiving on all distress and safety frequencies in the bands between 1605-27500 kHz using DSC, radiotelephony, and narrow-band direct-printing telegraphy; and ( 2 ) Equipment capable of maintaining DSC watch on 2187.5 kHz, 8414.5 kHz and on at least one of the distress and safety DSC frequencies 4207.5 kHz, 6312 kHz, 12577 kHz, or 16804.5 kHz although it must be possible to select any of these DSC distress and safety frequencies at any time (this equipment may be separate from, or combined with, the equipment required by paragraph (b)(1) of this section); and ( 3 ) Means of initiating the transmission of ship-to-shore distress alerts by a radiocommunication service other than HF operating either: ( i ) Through the polar orbiting satellite service on 406.0-406.1 MHz (this requirement may be fulfilled by the 406.0-406.1 MHz EPIRB required by § 80.1085(a)(6) , either by installing the 406.0-406.1 MHz EPIRB close to, or by allowing remote activation from, the position from which the ship is normally navigated); or ( ii ) Through the INMARSAT geostationary satellite service (this requirement may be fulfilled by an INMARSAT ship earth station). ( 4 ) In addition, ships must be capable of transmitting and receiving general radiocommunications using radiotelephony or direct-printing telegraphy by an MF/HF radio installation operating on working frequencies in the bands between 1605-4000 kHz and between 4000-27500 kHz (this requirement may be fulfilled by the addition of this capability to the equipment required by paragraph (b)(1) of this section). ( c ) It must be possible to initiate transmission of distress alerts by the radio installations specified in paragraphs (a)(1) , (a)(2) , (a)(4) , (b)(1) , and (b)(3) of this section from the position from which the ship is normally navigated. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46977 , Aug. 7, 2003; 69 FR 64680 , Nov. 8, 2004; 73 FR 4490 , Jan. 25, 2008; 76 FR 67617 , Nov. 2, 2011] § 80.1093 Ship radio equipment—Sea areas A1, A2, A3, and A4. This section contains the additional equipment requirements for ships that sail in all sea areas, i.e., sea areas A1, A2, A3, and A4. Ships fitting in accordance with this section satisfy the requirements denoted in §§ 80.1087 , 80.1089 , and 80.1091 for sea areas A1, A2, and A3. ( a ) In addition to meeting the requirements of § 80.1085 of this part , ships engaged on voyages in all sea areas must be provided with the radio installations and equipment required by § 80.1091(b) , except that the equipment required by § 80.1091(b)(3)(ii) and § 80.1091(b)(3)(iii) cannot be accepted as an alternative to that required by § 80.1091(b)(3)(i) , which must always be provided. ( b ) Ships engaged on voyages in all sea areas also must comply with the requirements of § 80.1091(c) . [ 57 FR 9065 , Mar. 16, 1992, as amended at 69 FR 64680 , Nov. 8, 2004] § 80.1095 Survival craft equipment. ( a ) At least three two-way VHF radiotelephone apparatus must be provided on every passenger ship and on every cargo ship of 500 tons gross tonnage and upwards. At least two two-way VHF radiotelephone apparatus must be provided on every cargo ship of between 300-500 tons gross tonnage. Portable two-way VHF radiotelephones must be stowed in such locations that they can be rapidly placed in any survival craft other than life rafts required by Regulation III/26.1.4 of the SOLAS Convention. (The SOLAS Convention can be purchased from International Maritime Organization (IMO), Publications, International Maritime Organization, 4 Albert Embankment, London SE1 7SR, United Kingdom; telephone 011 44 71 735 7611, www.imo.org . ) Alternatively, survival craft may be fitted with a fixed two-way VHF radiotelephone installation. Two-way VHF radiotelephone apparatus, portable or fixed, must conform to performance standards as specified in § 80.1101 . ( b ) At least one radar transponder or AIS-SART (collectively, “search and rescue locating devices”) must be carried on each side of every passenger ship and every cargo ship of 500 tons gross tonnage and upwards. At least one search and rescue locating device must be carried on every cargo ship of 300 tons gross tonnage and upwards but less than 500 tons gross tonnage. Such search and rescue locating devices must conform to performance standards as specified in § 80.233 for AIS-SARTs or § 80.1101 for radar transponders. The search and rescue locating devices must be stowed in such locations that they can be rapidly placed in any survival craft other than liferafts required on cargo ships in forward and aft areas (see Regulation III/26.1.4 of the SOLAS Convention). Alternatively, one search and rescue locating device must be stowed in each survival craft other than those required by Regulation III/26.1.4 of the SOLAS Convention. One of these search and rescue locating devices may be the search and rescue locating device required by § 80.1085(a)(3) . ( c ) Survival craft equipment must be tested at intervals not to exceed twelve months. For batteries used for survival craft equipment, the month and year of its manufacture must be permanently marked on the battery. Also, the month and year upon which 50 percent of its useful life will expire must be permanently marked on both the battery and the outside of the transmitter. Batteries must be replaced if 50 percent of their useful life has expired or if the transmitter has been used in an emergency situation. [ 57 FR 9065 , Mar. 16, 1992, as amended at 73 FR 4490 , Jan. 25, 2008; 81 FR 90748 , Dec. 15, 2016] § 80.1099 Ship sources of energy. ( a ) There must be available at all times, while the ship is at sea, a supply of electrical energy sufficient to operate the radio installations and to charge any batteries used as part of a reserve source of energy for the radio installations. ( b ) A reserve source of energy to supply radio installations must be provided on every ship for the purpose of conducting distress and safety radiocommunications, in the event of failure of the ship's main and emergency sources of electrical power. The reserve sources of energy must be capable of simultaneously operating the VHF radio installation required by § 80.1085(a)(1) and, as appropriate for the sea area or sea areas for which the ship is equipped, either the MF radio installation required by § 80.1089(a)(1) , the MF/HF radio installation required by § 80.1091(a)(2)(i) or § 80.1093(a) , or the INMARSAT ship earth station required by § 80.1091(a)(1) and any of the additional loads mentioned in paragraphs (d) , (e) and (h) of this section for a period of at least: ( 1 ) One hour, on ships constructed on or after February 1, 1995; ( 2 ) One hour, on ships constructed before February 1, 1995, if the emergency source of electrical power complies fully with all relevant requirements of SOLAS, Chapter II-1, Regulation 42 or 43 (as amended); or ( 3 ) Six hours, on ships constructed before February 1, 1995, and on cargo ships of less than 500 tons gross tonnage, if the emergency source of electrical power is not provided or does not comply fully with all relevant requirements of SOLAS, Chapter II-1, Regulation 42 or 43 (as amended). ( c ) The reserve sources of energy need not supply independent HF and MF radio installations at the same time. The reserve sources of energy must be independent of the propelling power of the ship and the ship's electrical system. ( d ) Where, in addition to the VHF radio installation, two or more of the other radio installations, referred to in paragraph (b) of this section, can be connected to the reserve sources of energy, they must be capable of simultaneously supplying, for one hour, as specified in paragraph (b) of this section, the VHF radio installation and; ( 1 ) All other radio installations which can be connected to the reserve sources of energy at the same time; or ( 2 ) Whichever of the other radio installations will consume the most power, if only one of the other radio installations can be connected to the reserve sources of energy at the same time as the VHF radio installation. ( e ) The reserve sources of energy may be used to supply the electrical lighting required by § 80.1083(b)(4) . ( f ) Where a reserve source of energy consists of a rechargeable accumulator battery or batteries: ( 1 ) A means of automatically charging such batteries must be provided which must be capable of recharging them to minimum capacity requirements within 10 hours; and ( 2 ) Battery charge levels should be checked at intervals of 30 days or less with equipment turned ON and the battery charger turned OFF. Portable equipment with primary batteries such as EPIRBs and SARTs should be checked at the same intervals using methods recommended by the manufacturer. The results of battery checks should be recorded in the radio log. ( g ) The accumulator batteries which provide a reserve source of energy must be installed to ensure: The highest degree of service, a reasonable lifetime, reasonable safety; that the battery temperatures remain within the manufacturer's specifications whether under charge or idle; and that when fully charged, the batteries will provide at least the minimum required hours of operation under all weather conditions. ( h ) If an uninterrupted input of information from the ship's navigational or other equipment to a radio installation required by this subpart (including the navigational receiver referred to in SOLAS Chapter IV, Regulation 18) is needed to ensure its proper performance, means must be provided to ensure the continuous supply of such information in the event of failure of the ship's main or emergency source of electrical power. ( i ) An uninterruptible power supply or other means of ensuring a continuous supply of electrical power, within equipment tolerances, shall be provided to all GMDSS equipment that could be affected by normal variations and interruptions of ship's power. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46977 , Aug. 7, 2003] § 80.1101 Performance standards. ( a ) The abbreviations used in this section are as follows: ( 1 ) International Maritime Organization (IMO). ( 2 ) International Telecommunication Union—Telecommunication Standardization Bureau (ITU-T) (Standards formerly designated as CCITT are now designated as ITU-T.) ( 3 ) International Electrotechnical Commission (IEC). ( 4 ) International Organization for Standardization (ISO). ( 5 ) International Telecommunication Union—Radiocommunication Bureau (ITU-R) (Standards formerly designated as CCIR are now designated as ITU-R.) ( b ) All equipment specified in this subpart must meet the general requirements for shipboard equipment in conformity with performance specifications listed in this paragraph, which are incorporated by reference. ( See § 80.7 ). ( 1 ) IMO Resolution A.694(17), as revised by IMO Resolution MSC.149(77) ( 2 ) ITU-T E.161. ( 3 ) ITU-T E.164.1. ( 4 ) IEC 60092-101. ( 5 ) IEC 60533. ( 6 ) IEC 60945. ( 7 ) ISO Standard 3791. ( c ) The equipment specified in this subpart must also conform to the appropriate performance standards listed in paragraphs (c)(1) through (12) of this section, which are incorporated by reference ( see § 80.7 ), and must be tested in accordance with the applicable IEC testing standards listed in paragraph (c)(13) of this section, which are also incorporated by reference. ( See § 80.7 ). ( 1 ) NAVTEX receivers: ( i ) IMO Resolution A.525(13), as revised by IMO Maritime Safety Committee (MSC) Resolution MSC.148(77). ( ii ) ITU-R M.540-2. ( 2 ) VHF radio equipment: ( i ) IMO Resolution A.803(19), as amended by IMO Resolution MSC.68(68). ( ii ) ITU-R M.493-13. ( iii ) ITU-R M.541-9. ( 3 ) MF radio equipment: ( i ) IMO Resolution A.804(19), as amended by IMO Resolution MSC.68(68). ( ii ) ITU-R M.493-13. ( iii ) ITU-R M.541-9. ( 4 ) MF/HF radio equipment: ( i ) IMO Resolution A.806(19), as amended by IMO Resolution MSC.68(68). ( ii ) ITU-R M.493-13. ( iii ) ITU-R M.541-9. ( iv ) IMO Resolution A.700(17). ( 5 ) 406.0-406.1 MHz EPIRBs: ( i ) IMO Resolution A.810(19), as amended by IMO Resolution MSC.56(66) and IMO Resolution MSC.120(74). ( ii ) IMO Resolution A.662(16). ( iii ) ITU-R M.633-3. ( iv ) The 406.0-406.1 MHz EPIRBs must also comply with § 80.1061 . ( 6 ) 9 GHz radar transponders: ( i ) IMO Resolution A.802(19), as amended by IMO Resolution MSC.247(83). ( ii ) ITU-R M.628-4. ( 7 ) Two-Way VHF radiotelephone: ( i ) IMO Resolution A.809(19), as revised by IMO Resolution MSC.149(77). ( ii ) IMO Resolution MSC.80(70). ( 8 ) INMARSAT Ship Earth Station Capable of Two-Way Communications: IMO Resolution A.808(19). ( 9 ) INMARSAT-C SES: IMO Resolution A.807(19), as amended by IMO Resolution MSC.68(68). ( 10 ) INMARSAT EGC: IMO Resolution A.664(16). ( 11 ) Shipboard radar: ( i ) IEC 60945. ( ii ) IEC 62388 Edition 1.0 (2007-12). ( iii ) IMO Resolution A.694(17). ( iv ) IMO Resolution MSC.191(79). ( v ) IMO Resolution MSC.192(79). ( vi ) ITU-R M.1177-3. ( 12 ) Automatic Identification Systems (AIS): ( i ) ITU-R M.1371-3. ( ii ) IMO Resolution MSC.74(69). ( iii ) IEC 61162-1. ( iv ) IEC 61993-2 . ( 13 ) Standards for testing GMDSS equipment: ( i ) IEC 61097-1. ( ii ) IEC 61097-3. ( iii ) IEC 61097-4. ( iv ) IEC 61097-6. ( v ) IEC 61097-7. ( vi ) IEC 61097-8. ( vii ) IEC 61097-9. ( viii ) IEC 61097-10. ( ix ) IEC 61097-12. ( x ) IEC 61097-13. [ 68 FR 46977 , Aug. 7, 2003, as amended at 69 FR 64680 , Nov. 8, 2004; 73 FR 4490 , Jan. 25, 2008; 74 FR 5125 , Jan. 29, 2009; 76 FR 67617 , Nov. 2, 2011] § 80.1103 Equipment authorization. ( a ) All equipment specified in § 80.1101 must be certified in accordance with subpart J of part 2 of this chapter specifically for GMDSS use, except for equipment used in the INMARSAT space segment which must be type-approved by INMARSAT and are subject to Supplier's Declaration of Conformity pursuant to the procedures in subpart J of part 2 of this chapter specifically for GMDSS use. The technical parameters of the equipment must conform to the performance standards as specified in § 80.1101 . For emergency position-indicating radiobeacons operating on 406.0-406.1 MHz (406.0-406.1 MHz EPIRBs) that were authorized prior to April 15, 1992, and meet the requirements of § 80.1101 , the manufacturer may attest by letter that the equipment (indicate FCC ID#) meets the requirements of § 80.1101 and request that it be denoted as approved for GMDSS use. ( b ) Applicants for certification must submit with their applications measurement data sufficiently complete to ensure compliance with the technical parameters. The application must include the items listed in 47 CFR 2.1033 . Additional measurement data or information may be requested depending upon the equipment. For items not listed in § 2.1033 of this chapter , the applicant must attest that the equipment complies with performance standards as specified in § 80.1101 and, where applicable, that measurements have been made that demonstrate the necessary compliance. Submission of representative data demonstrating compliance is not required unless requested by the Commission. ( c ) Applicants using Supplier's Declaration of Conformity must attest that the equipment complies with performance standards as specified in § 80.1101 and, where applicable, that measurements have been made that demonstrate the necessary compliance. Submission of representative data demonstrating compliance is not required unless requested by the Commission. An application must include the items listed in §§ 2.931 and 2.938 of this chapter and a copy of the type-approval certification indicating that equipment meets GMDSS standards and includes all peripheral equipment associated with the specific unit under review. Note 1 to paragraph ( c ): The verification procedure has been replaced by Supplier's Declaration of Conformity. Equipment previously authorized under subpart J of part 2 of this chapter may remain in use. See § 2.950 of this chapter . ( d ) Submission of a sample unit is not required unless specifically requested by the Commission. ( e ) In addition to the requirements in part 2 of this chapter , equipment specified in § 80.1101 shall be labeled as follows: “This device complies with the GMDSS provisions of part 80 of the FCC rules.” Such a label is not required for emergency position-indicating radiobeacons operating on 406.0-406.1 MHz (406.0-406.1 MHz EPIRBs) that were authorized prior to April 15, 1992. [ 57 FR 9065 , Mar. 16, 1992, as amended at 57 FR 44702 , Sept. 29, 1992; 63 FR 36607 , July 7, 1998; 68 FR 46980 , Aug. 7, 2003; 69 FR 64680 , Nov. 8, 2004; 73 FR 4491 , Jan. 25, 2008; 82 FR 50837 , Nov. 2, 2017] § 80.1105 Maintenance requirements. ( a ) Equipment must be so designed that the main units can be replaced readily, without elaborate recalibration or readjustment. Where applicable, equipment must be constructed and installed so that it is readily accessible for inspection and on-board maintenance purposes. Adequate information must be provided to enable the equipment to be properly operated and maintained (see IMO Resolution A.569(14)). ( b ) Radio equipment required by this subpart must be maintained to provide the availability of the functional requirements specified in § 80.1081 and to meet the performance standards specified in § 80.1101 . ( c ) On ships engaged on voyages in sea areas A1 and A2, the availability must be ensured by duplication of equipment, shore-based maintenance, or at-sea electronic maintenance capability, or a combination of these. ( d ) On ships engaged on voyages in sea areas A3 and A4, the availability must be ensured by using a combination of at least two of the following methods: duplication of equipment, shore-based maintenance, or at-sea electronic maintenance capability. ( e ) Irrespective of the maintenance methods used, a ship must not depart from any port unless and until the ship is capable of performing all distress and safety functions as specified in § 80.1081 . ( f ) Irrespective of the maintenance methods used, all manufacturers' instruction manuals and maintenance manuals for each piece of equipment required and installed must be available on-board ship. Adequate tools, spare parts, and test equipment appropriate to the methods used by the ship as recommended by the manufacturer should be provided. The manuals, tools, spare parts, and test equipment, as applicable, should be readily accessible. ( g ) If the duplication of equipment maintenance method is used, the following radio installations, in addition to other equipment requirements specified in this subpart, must be available on-board ships for their sea areas as applicable. Equipment carried in accordance with this paragraph must comply with §§ 80.1101 and 80.1103 . Additionally, each radio installation must be connected to a separate antenna and be installed and be ready for immediate operation. ( 1 ) Ships, equipped in accordance with § 80.1087 for sea area A1, must carry a VHF radio installation complying with the requirements of § 80.1085(a)(1) . ( 2 ) Ships, equipped in accordance with § 80.1089 for sea areas A1 and A2, must carry a VHF radio installation complying with the requirements of § 80.1085(a)(1) and an MF radio installation complying with the requirements of § 80.1089(a)(1) and being able to fully comply with watch requirements as specified in § 80.1123(a)(2) . The MF radio installation installed for duplication must also comply with the requirements § 80.1089(c) . ( 3 ) Ships, equipped in accordance with § 80.1091 for sea areas A1, A2, and A3, must carry a VHF radio installation complying with the requirements of § 80.1085(a)(1) and either an MF/HF radio installation complying with the requirements of § 80.1091(b)(1) and being able to fully comply with watch requirements as specified in § 80.1123(a)(2) or an INMARSAT ship earth station complying with the requirements of § 80.1091(a)(1) . The MF/HF radio installation or the INMARSAT ship earth station installed for duplication must also comply with the requirements § 80.1091(c) . ( 4 ) Ships, equipped in accordance with § 80.1093 for sea areas A1, A2, A3, and A4, must carry a VHF radio installation complying with the requirement of § 80.1085(a)(1) and an MF/HF radio installation complying with the requirements of § 80.1091(b)(1) and being able to fully comply with watch requirements as specified in § 80.1123(a)(2) . The MF/HF radio installation installed for duplication must also comply with the requirements § 80.1091(c) . ( h ) The radio installations specified in paragraph (g) of this section (referred as “duplicated equipment”), in addition to the appropriate radio equipment specified in § 80.1099 (referred as “basic equipment”), must be connected to the reserve sources of energy required by § 80.1099 . The capacity of the reserve sources of energy should be sufficient to operate the particular installation ( i.e., the basic equipment or the duplicated equipment) with the highest power consumption, for the appropriate period specified in § 80.1099 . However, the arrangement for the reserve sources of energy must be such that a single fault in this arrangement cannot affect both the basic and the duplicated equipment. ( i ) If the shore-based maintenance method is used, the following requirements apply. ( 1 ) Maintenance services must be completed and performance verified and noted in the ship's record before departure from the first port of call entered after any failure occurs. ( 2 ) Each GMDSS equipment must be tested and performance verified and the results noted in the ship's record before departure from every port. To accomplish this, each ship shall carry a performance checkoff sheet listing each GMDSS equipment carried on a mandatory basis. ( j ) If the at-sea maintenance method is used, the following requirements apply. ( 1 ) Adequate additional technical documentation, tools, test equipment, and spare parts must be carried on-board ship to enable a qualified maintainer as specified in § 80.1074 to perform tests and localize and repair faults in the radio equipment. ( 2 ) Only persons that comply with the requirements of § 80.1074 may perform at-sea maintenance on radio installations required by this subpart. ( k ) Satellite EPIRBs shall be tested at intervals not exceeding 12 months for all aspects of operational efficiency with particular emphasis on frequency stability, signal strength and coding. The test may be conducted on board the ship or at an approved testing or servicing station. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46980 , Aug. 7, 2003] § 80.1107 Test of radiotelephone station. Unless the normal use of the required radiotelephone station demonstrates that the equipment is operating, a test communication on a required or working frequency must be made each day the ship is navigated. When this test is performed by a person other than the master and the equipment is found to be defective, the master must be promptly notified. [ 76 FR 67617 , Nov. 2, 2011] Operating Procedures for Distress and Safety Communications § 80.1109 Distress, urgency, and safety communications. ( a ) Distress traffic consists of all messages relating to the immediate assistance required by the ship in distress, including search and rescue communications and on-scene communications. Distress traffic must as far as possible be on the frequencies contained in § 80.1077 . ( b ) Urgency and safety communications include: navigational and meteorological warnings and urgent information; ship-to-ship safety navigation communications; ship reporting communications; support communications for search and rescue operations; other urgency and safety messages and communications relating to the navigation, movements and needs of ships and weather observation messages destined for an official meteorological service. ( c ) Intership navigation safety communications are those VHF radiotelephone communications conducted between ships for the purpose of contributing to the safe movement of ships. The frequency 156.650 MHz is used for intership navigation safety communications (see § 80.1077 ). § 80.1111 Distress alerting. ( a ) The transmission of a distress alert indicates that a mobile unit or person is in distress and requires immediate assistance. The distress alert is a digital selective call using a distress call format in bands used for terrestrial radiocommunication or a distress message format, which is relayed through space stations. ( b ) The distress alert must be sent through a satellite either with absolute priority in general communication channels or on exclusive distress and safety frequencies or, alternatively, on the distress and safety frequencies in the MF, HF, and VHF bands using digital selective calling. ( c ) The distress alert must be sent only on the authority of the person responsible for the ship, aircraft or other vehicle carrying the mobile station or the mobile earth station. ( d ) All stations which receive a distress alert transmitted by digital selective calling must immediately cease any transmission capable of interfering with distress traffic and must continue watch on the digital selective call distress calling channel until the call has been acknowledged to determine if a coast station acknowledges the call using digital selective calling. Additionally, the station receiving the distress alert must set watch on the associated distress traffic frequency for five minutes to determine if distress traffic takes place. The ship can acknowledge the call using voice or narrowband direct printing as appropriate on this channel to the ship or to the rescue authority. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46980 , Aug. 7, 2003] § 80.1113 Transmission of a distress alert. ( a ) The distress alert must identify the station in distress and its position. The distress alert may also contain information regarding the nature of the distress, the type of assistance required, the course and speed of the mobile unit, the time that this information was recorded and any other information which might facilitate rescue. ( b ) The format of distress calls and distress messages must be in accordance with ITU-R M.493-13 and ITU-R M.541-9 (both incorporated by reference, see § 80.7 ), as specified in § 80.1101 . ( c ) Ship-to-shore distress alerts are used to alert Rescue Coordination Centers via coast stations or coast earth stations that a ship is in distress. These alerts are based on the use of transmissions via satellites (from a ship earth station or a satellite EPIRB) and terrestrial services (from ship stations and EPIRBs). ( d ) Ship-to-ship distress alerts are used to alert other ships in the vicinity of the ship in distress and are based on the use of digital selective calling in the VHF and MF bands. The HF bands should not be used to notify ships in the vicinity unless no response is received within five minutes on VHF or MF. ( e ) Shore-to-ship distress alert relays are used by a station or Rescue Coordination Center to relay information about a ship in distress to, as appropriate, all ships, a selected group of ships, or a specific ship by satellite and/or terrestrial means. The distress alert relay must contain the identification of the mobile unit in distress, its position and all other information which might facilitate rescue. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46980 , Aug. 7, 2003; 73 FR 4491 , Jan. 25, 2008; 76 FR 67617 , Nov. 2, 2011] § 80.1114 False distress alerts. The provisions of §§ 80.334 and 80.335 apply to false distress alerts. [ 68 FR 46980 , Aug. 7, 2003] § 80.1115 Transmission of a distress alert by a station not itself in distress. ( a ) A station in the mobile or mobile-satellite service which learns that a mobile unit is in distress must initiate and transmit a distress alert relay in any of the following cases: ( 1 ) When the mobile unit in distress is not itself in a position to transmit the distress alert; or ( 2 ) When the master or person responsible for the mobile unit not in distress or the person responsible for the land station determines that further help is necessary. ( b ) A station transmitting a distress alert relay in accordance with paragraph (a) of this section or § 80.1121(c) must indicate that it is not itself in distress. § 80.1117 Procedure for receipt and acknowledgement of distress alerts. ( a ) Normally, distress calls received using digital selective calling are only acknowledged using a DSC acknowledgement by a coast station. Ships should delay any acknowledgement in order to give sufficient time for a coast station to acknowledge the call. In cases where no acknowledgement has been heard and no distress traffic has been heard, the ship should transmit a distress alert relay to the coast station. Upon advice from the Rescue Coordination Center, the ship may transmit a DSC acknowledgement call to stop it from being repeated. Acknowledgement by digital selective calling of receipt of a distress alert in the terrestrial services must comply with ITU-R M.541-9 (incorporated by reference, see § 80.7 ). ( b ) Acknowledgement through a satellite of receipt of a distress alert from a ship earth station must be sent immediately (see § 80.1119 ). ( c ) Acknowledgement by radiotelephony of receipt of a distress alert from a ship station or a ship earth station must be given in the following form: ( 1 ) The distress signal MAYDAY; ( 2 ) The call sign or other identification of the station sending the distress message, spoken three times; ( 3 ) The words THIS IS (or DE spoken as DELTA ECHO in case of language difficulties); ( 4 ) The call sign or other identification of the station acknowledging receipt, spoken three times; ( 5 ) The word RECEIVED (or RRR spoken as ROMEO ROMEO ROMEO in case of language difficulties); ( 6 ) The distress signal MAYDAY. ( d ) The acknowledgement by direct-printing telegraphy of receipt of a distress alert from a ship station must be given in the following form: ( 1 ) The distress signal MAYDAY; ( 2 ) The call sign or other identification of the station sending the distress alert; ( 3 ) The word DE; ( 4 ) The call sign or other identification of the station acknowledging receipt of the distress alert; ( 5 ) The signal RRR; ( 6 ) The distress signal MAYDAY. ( e ) The acknowledgement by direct-printing telegraphy of receipt of a distress alert from a ship earth station must be given by the coast earth station receiving the distress alert by retransmitting the ship station identity of the ship transmitting the distress alert. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46980 , Aug. 7, 2003; 73 FR 4491 , Jan. 25, 2008; 76 FR 67618 , Nov. 2, 2011] § 80.1119 Receipt and acknowledgement of distress alerts by coast stations and coast earth stations. ( a ) Coast stations that receive a distress alert should defer acknowledgement for a short interval so that receipt may be acknowledged by a Rescue Coordination Center. Where an acknowledgement is not forthcoming within 3 minutes, the coast station in receipt of distress alerts must ensure that they are routed to a Rescue Coordination Center as soon as possible. Coast stations must provide assistance for distress communications when requested to do so by the U.S. Coast Guard. (This subpart does not specify any radio watches for coast stations.) ( b ) Coast earth stations in receipt of distress alerts must ensure that they are routed as soon as possible to a Rescue Coordination Center. Coast earth stations must relay, as soon as possible, an acknowledgement of a distress alert from a Rescue Coordination Center. ( c ) Certain messages must be carried without charge, regardless of the means by which they are transmitted: ( 1 ) Distress alert messages; ( 2 ) Search and rescue coordination messages; ( 3 ) Medical assistance messages where an imminent danger to life is present, or ( 4 ) Urgent meteorological or navigational danger messages passed in the ship-to-shore direction. § 80.1121 Receipt and acknowledgement of distress alerts by ship stations and ship earth stations. ( a ) Ship or ship earth stations that receive a distress alert must, as soon as possible, inform the master or person responsible for the ship of the contents of the distress alert. ( b ) For VHF and MF, ships in receipt of a distress alert shall not transmit a distress alert relay, but should listen on the distress traffic channel for 5 minutes and, if appropriate, acknowledge the alert by radiotelephony to the ship in distress and inform the coast station and/or Rescue Coordination Center. Distress alert relays to “all ships” on these bands may only be sent by a ship who has knowledge that another ship in distress is not itself able to transmit the distress alert, and the Master of the ship considers that further help is necessary. ( c ) For HF, ships in receipt of a distress alert shall listen on the distress traffic channel for 5 minutes. If no distress communications are heard and if the call is not acknowledged by a coast station, the ship shall transmit a distress relay on HF to the coast radio station and inform the Rescue Coordination Center. Distress alert relays to “all Ships” on HF may only be sent by a ship who has knowledge that another ship in distress is not itself able to transmit the distress alert, and the Master of the ship considers that further help is necessary. ( d ) In cases where distress alert continues to be received from the same source, the ship may, after consultation with the Rescue Coordination Center, transmit a DSC acknowledgment to terminate the call. ( e ) A ship station in receipt of a shore-to-ship distress alert relay (see § 80.1113(e) ) should establish communication as directed and render such assistance as required and appropriate. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46980 , Aug. 7, 2003] § 80.1123 Watch requirements for ship stations. ( a ) While at sea, all ships must maintain a continuous watch: ( 1 ) On VHF DSC channel 70, if the ship is fitted with a VHF radio installation in accordance with § 80.1085(a)(2) ; ( 2 ) On the distress and safety DSC frequency 2187.5 kHz, if the ship is fitted with an MF radio installation in accordance with § 80.1089(a)(2) or § 80.1091(a)(3) ; ( 3 ) On the distress and safety DSC frequencies 2187.5 kHz and 8414.5 kHz also on at least one of the distress and safety DSC frequencies 4207.5 kHz, 6312 kHz, 12577 kHz, or 16804.5 kHz appropriate to the time of day and the geographical position of the ship, if the ship is fitted with an MF/HF radio installation in accordance with § 80.1091(a)(2)(ii) or § 80.1093(a) of this part (this watch may be kept by means of a scanning receiver limited to six distress and safety DSC frequencies); and ( 4 ) For satellite shore-to-ship distress alert, if the ship is fitted with an INMARSAT ship earth station in accordance with § 80.1091(a)(1) . ( b ) While at sea, all ships must maintain radio watches for broadcasts of maritime safety information on the appropriate frequency or frequencies on which such information is broadcast for the area in which the ship is navigating. ( c ) Every ship while at sea must maintain, when practicable, a continuous listening watch on VHF Channel 16. This watch must be kept at the position from which the ship is normally navigated or at a position which is continuously manned. ( d ) On receipt of a distress alert transmitted by use of digital selective calling techniques, ship stations must set watch on the radiotelephone distress and safety traffic frequency associated with the distress and safety calling frequency on which the distress alert was received. ( e ) Ship stations with narrow-band direct printing equipment must set watch on the narrow-band direct-printing frequency associated with the distress alert signal if it indicates that narrow-band direct-printing is to be used for subsequent distress communications. If practicable, they should additionally set watch on the radiotelephone frequency associated with the distress alert frequency. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46981 , Aug. 7, 2003; 73 FR 4492 , Jan. 25, 2008] § 80.1125 Search and rescue coordinating communications. ( a ) The distress signal consists of the word MAYDAY, pronounced in radiotelephony as the French expression “M'aider”. For distress traffic by radiotelephony, when establishing communications, calls must be prefixed by the distress signal MAYDAY. ( b ) Error correction techniques, in accordance with ITU-R M.625-3 (incorporated by reference, see § 80.7 ), as specified in § 80.1101 , must be used for distress traffic by direct-printing telegraphy. All messages must be preceded by at least one carriage return, a line feed signal, a letter shift signal and the distress signal MAYDAY. ( c ) Distress communications by direct-printing telegraphy should be in the ARQ mode when ships are communicating directly to the Coast Guard or other coast stations on channels which they normally guard. Other distress communications, including those on simplex channels provided for that purpose, should be in the broadcast forward error correction mode. The ARQ mode may subsequently be used when it is advantageous to do so. ( d ) The Rescue Coordination Center responsible for controlling a search and rescue operation will also coordinate the distress traffic relating to the incident or may appoint another station to do so. ( e ) The Rescue Coordination Center coordinating distress traffic, the unit coordinating search and rescue operations, or the coast station involved may impose silence on stations which interfere with that traffic. This instruction may be addressed to all stations or to one station only, according to circumstances. In either case, the following will be used: ( 1 ) In radiotelephony, the signal SEELONCE MAYDAY, pronounced as the French expression “silence, m'aider”; ( 2 ) In narrow-band direct-printing telegraphy normally using forward-error correcting mode, the signal SILENCE MAYDAY. However, the ARQ mode may be used when it is advantageous to do so. ( f ) Until they receive the message indicating that normal working may be resumed (see paragraph (h) of this section), all stations which are aware of the distress traffic, and which are not taking part in it, and which are not in distress, are forbidden to transmit on the frequencies in which the distress traffic is taking place. ( g ) Stations following distress traffic that are able to continue normal service may do so when the distress traffic is well established and on condition that it observes the provisions of paragraph (f) of this section and that it does not interfere with distress traffic. ( h ) When distress traffic has ceased on frequencies which have been used for distress traffic, the Rescue Coordination Center controlling a search and rescue operation must initiate a message for transmission on these frequencies indicating that distress traffic has finished. ( i ) In radiotelephony, the message referred to in paragraph (h) of this section consists of: ( 1 ) The distress signal MAYDAY; ( 2 ) The call “Hello all stations” or CQ (spoken as CHARLIE QUEBEC) spoken three times; ( 3 ) The words THIS IS (or DE spoken as DELTA ECHO in the case of language difficulties); ( 4 ) The call sign or other identification of the station sending the message; ( 5 ) The time when the distress situation has ceased; ( 6 ) The name and call sign of the mobile station which was in distress; ( 7 ) The words SEELONCE FEENEE pronounced as the French words “silence fini” ( j ) In direct-printing telegraphy, the message referred to in paragraph (h) of this section consists of: ( 1 ) The distress signal MAYDAY; ( 2 ) The call CQ; ( 3 ) The word DE; ( 4 ) The call sign or other identification of the station sending the message; ( 5 ) The time when distress situation has ceased; ( 6 ) The name and call sign of the mobile station which was in distress; and ( 7 ) The words SILENCE FINI. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46981 , Aug. 7, 2003; 73 FR 4492 , Jan. 25, 2008; 76 FR 67618 , Nov. 2, 2011] § 80.1127 On-scene communications. ( a ) On-scene communications are those between mobile unit in distress and assisting mobile units, and between the mobile units and unit coordinating search and rescue operations. ( b ) Control of on-scene communications is the responsibility of the unit coordinating search and rescue operations. Simplex communications must be used so that all on-scene mobile stations may share relevant information concerning the distress incident. If direct-printing telegraphy is used, it must be in the forward error-correcting mode in accordance with ITU-R Recommendation M.625-3, with Annex, as specified in § 80.1101 . ( c ) The preferred frequencies in radiotelephony for on-scene communications are 156.8 MHz and 2182 kHz. The frequency 2174.5 kHz may also be used for ship-to-ship on-scene communications using narrow-band direct-printing telegraphy in the forward error correcting mode in accordance with ITU-R M.625-3 (incorporated by reference, see § 80.7 ), as specified in § 80.1101 . ( d ) In addition to 156.8 MHz and 2182 kHz, the frequencies 3023 kHz, 4125 kHz, 5680 kHz, 123.1 MHz and 156.3 MHz may be used for ship-to-aircraft on-scene communications. ( e ) The selection or designation of on-scene frequencies is the responsibility of the unit coordinating search and rescue operations. Normally, once an on-scene frequency is established, a continuous aural or teleprinter watch is maintained by all participating on-scene mobile units on the selected frequency. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46981 , Aug. 7, 2003; 76 FR 67618 , Nov. 2, 2011] § 80.1129 Locating and homing signals. ( a ) Locating signals are radio transmissions intended to facilitate the finding of a mobile unit in distress or the location of survivors. These signals include those transmitted by searching units and those transmitted by the mobile unit in distress, by survival craft, by float-free EPIRBS, by satellite EPRIBs, and by search and rescue radar transponders to assist the searching units. ( b ) Homing signals are those locating signals which are transmitted by mobile units in distress, or by survival craft, for the purpose of providing searching units with a signal that can be used to determine the bearing to the transmitting stations. ( c ) Locating signals may be transmitted in the following frequency bands: 117.975-136 MHz, 121.5 MHz, 156-174 MHz, 406-406.1 MHz, and 9200-9500 MHz. ( d ) The 9 GHz locating signals must be in accordance with ITU-R M.628-4 (incorporated by reference, see § 80.7 ), as specified in § 80.1101 . [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46981 , Aug. 7, 2003; 76 FR 67618 , Nov. 2, 2011; 78 FR 23158 , Apr. 18, 2013] § 80.1131 Transmissions of urgency communications. ( a ) In a terrestrial system the announcement of the urgency message must be made on one or more of the distress and safety calling frequencies specified in § 80.1077 using digital selective calling and the urgency call format. A separate announcement need not be made if the urgency message is to be transmitted through the maritime mobile-satellite service. ( b ) The urgency signal and message must be transmitted on one or more of the distress and safety traffic frequencies specified in § 80.1077 , or via the maritime mobile-satellite service or on other frequencies used for this purpose. ( c ) The urgency signal consists of the words PAN PAN. In radiotelephony each word of the group must be pronounced as the French word “panne”. ( d ) The urgency call format and the urgency signal indicate that the calling station has a very urgent message to transmit concerning the safety of a mobile unit or a person. ( e ) In radiotelephony, the urgency message must be preceded by the urgency signal, repeated three times, and the identification of the transmitting station. ( f ) In narrow-band direct-printing, the urgency message must be preceded by the urgency signal and the identification of the transmitting station. ( g ) The urgency call format or urgency signal must be sent only on the authority of the master or the person responsible for the mobile unit carrying the mobile station or mobile earth station. ( h ) The urgency call format or the urgency signal may be transmitted by a land station or a coast earth station with the approval of the responsible authority. ( i ) When an urgency message which calls for action by the stations receiving the message has been transmitted, the station responsible for its transmission must cancel it as soon as it knows that action is no longer necessary. ( j ) Error correction techniques, in accordance with ITU-R M.625-3 (incorporated by reference, see § 80.7 ), as specified in § 80.1101 , must be used for urgency messages by direct-printing telegraphy. All messages must be preceded by at least one carriage return, a line feed signal, a letter shift signal, and the urgency signal PAN PAN. ( k ) Urgency communications by direct-printing telegraphy should be in the ARQ mode when communicating directly to the Coast Guard or other coast stations on channels which they normally guard. Other distress communications, including those on simplex channels provided for that purpose, should be in the broadcast forward error correction mode. The ARQ mode may subsequently be used when it is advantageous to do so. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46981 , Aug. 7, 2003; 76 FR 67618 , Nov. 2, 2011] § 80.1133 Transmission of safety communications. ( a ) In a terrestrial system the announcement of the safety message must be made on one or more of the distress and safety calling frequencies specified in § 80.1077 using digital selective calling techniques. A separate announcement need not be made if the message is to be transmitted through the maritime mobile-satellite service. ( b ) The safety signal and message must normally be transmitted on one or more of the distress and safety traffic frequencies specified in § 80.1077 , or via the maritime mobile satellite service or on other frequencies used for this purpose. ( c ) The safety signal consists of the word SECURITE. In radiotelephony, it is pronounced as in French. ( d ) The safety call format or the safety signal indicates that the calling station has an important navigational or meteorological warning to transmit. ( e ) In radiotelephony, the safety message must be preceded by the safety signal, repeated three times, and the identification of the transmitting station. ( f ) In narrow-band direct-printing, the safety message must be preceded by the safety signal and the identification of the transmitting station. ( g ) Error correction techniques, in accordance with ITU-R M.625-3 (incorporated by reference, see § 80.7 ), as specified in § 80.1101 , must be used for safety messages by direct-printing telegraphy. All messages must be preceded by at least one carriage return, a line feed signal, a letter shift signal, and the safety signal SECURITE. ( h ) Safety communications by direct-printing telegraphy should be in the ARQ mode when communicating directly to the Coast Guard or other coast stations on channels which they normally guard. Other distress communications, including those on simplex channels provided for that purpose, should be in the broadcast forward error correction mode. The ARQ mode may subsequently be used when it is advantageous to do so. [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46981 , Aug. 7, 2003; 76 FR 67618 , Nov. 2, 2011] § 80.1135 Transmission of maritime safety information. ( a ) The operational details of the stations transmitting maritime safety information in accordance with this section are indicated in the ITU List of Radiodetermination and Special Service Stations and the IMO Master Plan of Shore-Based Facilities. ( b ) The mode and format of the transmissions mentioned in this section is in accordance with ITU-R M.540-2 (incorporated by reference, see § 80.7 ) as specified in § 80.1101 . ( c ) Maritime safety information is transmitted by means of narrow-band direct-printing telegraphy with forward error correction using the frequency 518 kHz in accordance with the international NAVTEX system (see § 80.1077 ). ( d ) The frequency 490 kHz may be used, after full implementation of the GMDSS, for the transmission of maritime safety information by means of narrow-band direct-printing telegraphy with forward error correction (see § 80.1077 ). ( e ) Internationally, the frequency 4209.5 kHz is used for NAVTEX-type transmissions by means of narrow-band direct-printing telegraphy with forward error correction (see § 80.1077 ). ( f ) Maritime safety information is transmitted by means of narrow-band direct-printing telegraphy with forward error correction using the frequencies 4210 kHz, 6314 kHz, 8416.5 kHz, 12579 kHz, 16806.5 kHz, 19680.5, 22376 kHz, and 26100.5 kHz (see § 80.1077 ). ( g ) Maritime safety information is transmitted via satellite in the maritime mobile-satellite service using the band 1530-1545 MHz (see § 80.1077 ). [ 57 FR 9065 , Mar. 16, 1992, as amended at 68 FR 46982 , Aug. 7, 2003; 76 FR 67618 , Nov. 2, 2011] Subpart X—Voluntary Radio Installations General § 80.1151 Voluntary radio operations. Voluntary ships must meet the rules applicable to the particular mode of operation as contained in the following subparts of this part and as modified by § 80.1153 : Operating Requirements and Procedures—Subpart C Equipment Technical Requirements—Subpart E Frequencies—Subpart H § 80.1153 Station log and radio watches. ( a ) Licensees of voluntary ships are not required to maintain radio station logs. ( b ) When a ship radio station of a voluntary ship is being operated, the appropriate general purpose watches must be maintained in accordance with §§ 80.147 and 80.310 . [ 73 FR 4492 , Jan. 25, 2008] Voluntary Telegraphy § 80.1155 Radioprinter. Radioprinter operations provide record communications between authorized maritime mobile stations. ( a ) Supplementary eligibility requirements. Ships must be less than 1600 gross tons. ( b ) Scope of communication. ( 1 ) Ship radioprinter communications may be conducted with an associated private coast station. ( 2 ) Ships authorized to communicate by radioprinter with a common private coast station may also conduct intership radioprinter operations. ( 3 ) Only those communications which are associated with the business and operational needs of the ship are authorized. ( c ) Assignment and use of frequencies. ( 1 ) Frequencies for radioprinter operations are shared by several radio services including the maritime mobile service. ( 2 ) Ship stations must conduct radioprinter operations only on frequencies assigned to their associated private coast station for that purpose. ( d ) Authorization procedure. The authorization procedure for ship station radioprinter operations is as follows: ( 1 ) The associated private coast station must submit an application for specific radioprinter frequencies and provide the names of ships to be served. ( 2 ) When the private coast station receives a radioprinter license, it must provide copies of their license to all ships with which they are authorized to conduct radioprinter operations. The private coast station license copy must be kept as part of the ship station license. ( 3 ) Any addition or deletion of ships must be notified to the Commission by letter. § 80.1157 Facsimile. Facsimile is a form of telegraphy for the transmission and receipt of fixed images. Ships must use facsimile techniques only with authorized public coast stations. § 80.1159 Narrow-band direct-printing (NB-DP). NB-DP is a form of telegraphy for the transmission and receipt of direct printing public correspondence. Ships must use NB-DP techniques only with authorized public coast stations. § 80.1161 Emergency position indicating radiobeacon (EPIRB). EPIRB transmissions must be used only under emergency conditions. The various classes of EPIRB's are described in subpart V of this part . Voluntary Telephony § 80.1165 Assignment and use of frequencies. Frequencies for general radiotelephone purposes are available to ships in three radio frequency bands. Use of specific frequencies must meet the Commission's rules concerning the scope of service and the class of station with which communications are intended. The three frequency bands are: ( a ) 156-158 MHz (VHF/FM Radiotelephone). Certain frequencies within this band are public correspondence frequencies and they must be used as working channels when communicating with public coast stations. Other working frequencies within the band are categorized by type of communications for which use is authorized when communicating with a private coast station or between ships. Subpart H of this part lists the frequencies and types of communications for which they are available. ( b ) 1600-4000 kHz (SSB Radiotelephone). Specific frequencies within this band are authorized for single sideband (SSB) communications with public and private coast stations or between ships. The specific frequencies are listed in subpart H of this part . ( c ) 4000-23000 kHz (SSB Radiotelephone). Specific frequencies within this band are authorized for SSB communications with public and private coast stations. The specific frequencies are listed in subpart H of this part . § 80.1169 [Reserved] § 80.1171 Assignment and use of frequencies. ( a ) The frequencies assignable to AMTS stations are listed in § 80.385(a) . These frequencies are assignable to ship and coast stations for voice, facsimile and radioteletypewriter communications. ( b ) [Reserved] On-Board Communications § 80.1175 Scope of communications of on-board stations. ( a ) On-board stations communicate: ( 1 ) With other units of the same station for operational communications on the ship. ( 2 ) With on-board stations of another ship or shore facility to aid in oil pollution prevention during the transfer of 250 or more barrels of oil. ( 3 ) With other units of the same station in the immediate vicinity of the ship for operational communications related to docking, life boat and emergency drills or in the maneuvering of cargo barges and lighters. ( b ) An on-board station may communicate with a station in the Business Radio Service operating on the same frequency when the vessel on which the on-board station is installed is alongside the dock or cargo handling facility. § 80.1177 Assignment and use of frequencies. On-board frequencies are assignable only to ship stations. When an on-board repeater is used, paired frequencies must be used. On-board repeater frequencies must be used for single frequency simplex operations. On-board frequencies are listed in subpart H. § 80.1179 On-board repeater limitations. When an on-board repeater is used, the following limitations must be met: ( a ) The on-board repeater antenna must be located no higher than 3 meters (10 feet) above the vessel's highest working deck. ( b ) Each on-board repeater must have a timer that deactivates the transmitter if the carrier remains on for more than 3 minutes. [ 51 FR 31213 , Sept. 2, 1986, as amended at 58 FR 44954 , Aug. 25, 1993] § 80.1181 Station identification. ( a ) On-board stations must identify when: ( 1 ) The vessel is within 32 km (20 miles) of any coastline; or ( 2 ) The communications are likely to be received aboard another vessel. ( b ) Identification, when required, must be: ( 1 ) Transmitted at the beginning and the end of a series of communications. Whenever communications are sustained for a period exceeding 15 minutes, station identification must be transmitted at intervals not exceeding 15 minutes. ( 2 ) In English and must include the name of the vessel, followed by a number or name designating the respective mobile unit, for example: “S.S. United States Mobile One, this is Mobile Two.” [ 51 FR 31213 , Sept. 2, 1986, as amended at 58 FR 44954 , Aug. 25, 1993] § 80.1183 Remote control for maneuvering or navigation. ( a ) An on-board station may be used for remote control of maneuvering or navigation control systems aboard the same ship or, where that ship is towing a second ship, aboard the towed ship. ( b ) The remote control system transmissions must contain a synchronization signal and a message signal composed of a documentation number group, a company control group, an actuation instruction group, and a termination of transmission group. ( 1 ) The synchronization signal must be the control character “SYN”, transmitted twice. ( 2 ) The message signal is composed of the following groups: ( i ) The documentation number group must be transmitted once and be the ship's U.S. Coast Guard documentation number or, if the ship is not documented, the call sign of the on-board station. ( ii ) The company control group, composed of three letters taken from AAA through ZZZ, which must be transmitted one time. (iiii) The actuation instruction group, composed of two letters taken from AA through ZZ, which must be transmitted one time. ( iv ) The termination of transmission group, composed of the control character “EM”, which must be transmitted twice. ( c ) The receiving system must: ( 1 ) Reject any actuation instruction until it recognizes and accepts the company control group. ( 2 ) Reject any company control group until it recognizes and accepts the documentation number group. ( d ) The emission employed must be G2D. The provisions applicable to G3E emission are also applicable to G2D emission. ( e ) The binary information must be applied to the carrier as frequency-shift keying (FSK) of the standard tones 1070 and 1270 Hz. “0” (low) must correspond to 1070 Hz and “1” (high) must correspond to 1270 Hz. The signalling rate must be 300 bits per second. ( f ) The alphabet employed must be the United States of America Standard Code for Information Interchange (USASCII), contained in the United States of America Standards Institute publication USAS X3.4-1968. ( 1 ) The bit sequence must be least significant bit first to most significant bit (bit 1 through 7), consecutively. ( 2 ) The character structure must consist of 8 bits (seven bits plus one character parity bit) having equal time intervals. ( 3 ) “Odd” parity is required. Mobile-Satellite Stations § 80.1185 Supplemental eligibility for mobile-satellite stations. Stations in the maritime mobile-satellite service must meet the eligibility requirements contained in this section. ( a ) A station license for a ship earth station may be issued to: ( 1 ) The owner or operator of a ship. ( 2 ) A corporation proposing to furnish a nonprofit radio communication service to its parent corporation, to another subsidiary of the same parent, or to its own subsidiary, where the party to be served is the owner or operator of the ship aboard which the ship earth station is to be installed and operated. ( b ) A station license for a portable ship earth station may be issued to the owner or operator of portable earth station equipment proposing to furnish satellite communication services on board more than one ship or fixed offshore platform located in the marine environment. [ 52 FR 27003 , July 17, 1987, as amended at 54 FR 49995 , Dec. 4, 1989] § 80.1187 Scope of communication. Ship earth stations must be used for telecommunications related to the business or operation of ships and for public correspondence of persons on board. Portable ship earth stations are authorized to meet the business, operational and public correspondence telecommunication needs of fixed offshore platforms located in the marine environment as well as ships. The types of emission are determined by the INMARSAT organization. [ 52 FR 27003 , July 17, 1987] § 80.1189 Portable ship earth stations. ( a ) Portable ship earth stations are authorized to operate on board more than one ship. Portable ship earth stations are also authorized to be operated on board fixed offshore platforms located in international or United States domestic waters. ( b ) Portable ship earth stations must meet the rule requirements of ship earth stations with the exeception of eligibility. ( c ) Where the license of the portable ship earth station is not the owner of the ship or fixed platform on which the station is located, the station must be operated with the permission of the owner or operator of the ship or fixed platform. [ 52 FR 27003 , July 17, 1987] Radiodetermination § 80.1201 Special provisions for cable-repair ship stations. ( a ) A ship station may be authorized to use radio channels in the 285-315 kHz band in Region 1 and 285-325 kHz in any other region for cable repair radiodetermination purposes under the following conditions: ( 1 ) The radio transmitting equipment attached to the cable-marker buoy associated with the ship station must be described in the station application; ( 2 ) The call sign used for the transmitter operating under the provisions of this section is the call sign of the ship station followed by the letters “BT” and the identifying number of the buoy. ( 3 ) The buoy transmitter must be continuously monitored by a licensed radiotelegraph operator on board the cable repair ship station; and ( 4 ) The transmitter must operate under the provisions in § 80.375(b) . Subpart Y—Competitive Bidding Procedures Source: 63 FR 40065 , July 27, 1998, unless otherwise noted. § 80.1251 Maritime communications subject to competitive bidding. Mutually exclusive initial applications for VPCSA licenses and AMTS coast station licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this part. [ 67 FR 45375 , July 9, 2002] § 80.1252 Designated entities. ( a ) This section addresses certain issues concerning designated entities in maritime communications services subject to competitive bidding. ( b ) Eligibility for small business provisions. ( 1 ) A small business is an entity that, together with its affiliates and controlling interests, has average gross revenues not to exceed $15 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its affiliates and controlling interests, has average gross revenues not to exceed $3 million for the preceding three years. ( 3 ) [Reserved] ( 4 ) A consortium of small businesses (or a consortium of very small businesses) is a conglomerate organization formed as a joint venture between or among mutually independent business firms, each of which individually satisfies the definition in paragraph (b)(1) of this section (or each of which individually satisfies the definition in paragraph (b)(2) of this section). Where an applicant or licensee is a consortium of small businesses (or very small businesses), the gross revenues of each small business (or very small business) shall not be aggregated. ( c ) A winning bidder that qualifies as a small business, as defined in § 80.1252(b)(1) , or consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as a very small business, as defined in § 80.1252 (b(2), or consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter . ( d ) A winning bidder that qualifies as a small business or a consortium of small businesses as defined in § 80.1252(b)(1) or § 80.1252(b)(5) of this subpart may use the bidding credit specified in § 1.2110(e)(2)(ii) of this chapter . A winning bidder that qualifies as a very small business or a consortium of very small businesses as defined in § 80.1252(b)(2) or § 80.1252(b)(5) of this subpart may use the bidding credit specified in § 1.2110(e)(2)(i) of this chapter . [ 63 FR 40065 , July 27, 1998, as amended at 68 FR 43000 , July 21, 2003]
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PART 2—FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS Authority: 47 U.S.C. 154 , 302a , 303 , and 336 , unless otherwise noted. Source: 28 FR 12465 , Nov. 22, 1963, unless otherwise noted. Editorial Note Editorial Note: Nomenclature changes to part 2 appear at 63 FR 54077 , Oct. 8, 1998. Subpart A—Terminology § 2.1 Terms and definitions. ( a ) Where a term or definition appears in this part of the Commission's Rules, it shall be the definitive term or definition and shall prevail throughout the Commission's Rules. ( b ) The source of each definition is indicated as follows: CS—Annex to the Constitution of the International Telecommunication Union (ITU) CV—Annex to the Convention of the ITU FCC—Federal Communications Commission RR—ITU Radio Regulations ( c ) The following terms and definitions are issued: Accepted Interference. [ 1 ] Interference at a higher level than defined as permissible interference and which has been agreed upon between two or more administrations without prejudice to other administrations. (RR) Active Satellite. A satellite carrying a station intended to transmit or retransmit radiocommunication signals. (RR) Active Sensor. A measuring instrument in the earth exploration-satellite service or in the space research service by means of which information is obtained by transmission and reception of radio waves. (RR) Adaptive System. A radiocommunication system which varies its radio characteristics according to channel quality. (RR) Administration. Any governmental department or service responsible for discharging the obligations undertaken in the Constitution of the International Telecommunication Union, in the Convention of the International Telecommunication Union and in the Administrative Regulations. (CS) Aeronautical Earth Station. An Earth station in the fixed-satellite service, or, in some cases, in the aeronautical mobile-satellite service, located at a specified fixed point on land to provide a feeder link for the aeronautical mobile-satellite service. (RR) Aeronautical Fixed Service. A radiocommunication service between specified fixed points provided primarily for the safety of air navigation and for the regular, efficient and economical operation of air transport. (RR) Aeronautical Fixed Station. A station in the aeronautical fixed service. (RR) Aeronautical Mobile Off-Route (OR) Service. An aeronautical mobile service intended for communications, including those relating to flight coordination, primarily outside national or international civil air routes. (RR) Aeronautical Mobile Route (R) Service. An aeronautical mobile service reserved for communications relating to safety and regularity of flight, primarily along national or international civil air routes. (RR) Aeronautical Mobile-Satellite Off-Route (OR) Service. An aeronautical mobile-satellite service intended for communications, including those relating to flight coordination, primarily outside national and international civil air routes. (RR) Aeronautical Mobile-Satellite Route (R) Service. An aeronautical mobile-satellite service reserved for communications relating to safety and regularity of flights, primarily along national or international civil air routes. (RR) Aeronautical Mobile-Satellite Service. A mobile-satellite service in which mobile earth stations are located on board aircraft; survival craft stations and emergency position-indicating radiobeacon stations may also participate in this service. (RR) Aeronautical Mobile Service. A mobile service between aeronautical stations and aircraft stations, or between aircraft stations, in which survival craft stations may participate; emergency position-indicating radiobeacon stations may also participate in this service on designated distress and emergency frequencies. (RR) Aeronautical Radionavigation-Satellite Service. A radionavigation-satellite service in which earth stations are located on board aircraft. (RR) Aeronautical Radionavigation Service. A radio-navigation service intended for the benefit and for the safe operation of aircraft. (RR) Aeronautical Station. A land station in the aeronautical mobile service. Note: In certain instances, an aeronautical station may be located, for example, on board ship or on a platform at sea. (RR) Aircraft Earth Station. A mobile earth station in the aeronautical mobile-satellite service located on board an aircraft. (RR) Aircraft Station. A mobile station in the aeronautical mobile service, other than a survival craft station, located on board an aircraft. (RR) Allocation (of a frequency band). Entry in the Table of Frequency Allocations of a given frequency band for the purpose of its use by one or more terrestrial or space radiocommunication services or the radio astronomy service under specified conditions. This term shall also be applied to the frequency band concerned. (RR) Allotment (of a radio frequency or radio frequency channel). Entry of a designated frequency channel in an agreed plan, adopted by a competent conference, for use by one or more administrations for a terrestrial or space radiocommunication service in one or more identified countries or geographical area and under specified conditions. (RR) Altitude of the Apogee or Perigee. The altitude of the apogee or perigee above a specified reference surface serving to represent the surface of the Earth. (RR) Amateur-Satellite Service. A radiocommunication service using space stations on earth satellites for the same purposes as those of the amateur service. (RR) Amateur Service. A radiocommunication service for the purpose of self-training, intercommunication and technical investigations carried out by amateurs, that is, by duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest. (RR) Amateur Station. A station in the amateur service. (RR) Assigned Frequency. The centre of the frequency band assigned to a station. (RR) Assigned Frequency Band. The frequency band within which the emission of a station is authorized; the width of the band equals the necessary bandwidth plus twice the absolute value of the frequency tolerance. Where space stations are concerned, the assigned frequency band includes twice the maximum Doppler shift that may occur in relation to any point of the Earth's surface. (RR) Assignment (of a radio frequency or radio frequency channel). Authorization given by an administration for a radio station to use a radio frequency or radio frequency channel under specified conditions. (RR) Base Earth Station. An earth station in the fixed-satellite service or, in some cases, in the land mobile-satellite service, located at a specified fixed point or within a specified area on land to provide a feeder link for the land mobile-satellite service. (RR) Base Station. A land station in the land mobile service. (RR) Broadcasting-Satellite Service. A radiocommunication service in which signals transmitted or retransmitted by space stations are intended for direct reception by the general public. Note: In the broadcasting-satellite service, the term direct reception shall encompass both individual reception and community reception. (RR) Broadcasting Service. A radiocommunication service in which the transmissions are intended for direct reception by the general public. This service may include sound transmissions, television transmissions or other types of transmission. (CS) Broadcasting Station. A station in the broadcasting service. (RR) Carrier Power (of a radio transmitter). The average power supplied to the antenna transmission line by a transmitter during one radio frequency cycle taken under the condition of no modulation. (RR) Characteristic Frequency. A frequency which can be easily identified and measured in a given emission. Note: A carrier frequency may, for example, be designated as the characteristic frequency. (RR) Class of Emission. The set of characteristics of an emission, designated by standard symbols, e.g., type of modulation, modulating signal, type of information to be transmitted, and also if appropriate, any additional signal characteristics. (RR) Coast Earth Station. An earth station in the fixed-satellite service or, in some cases, in the maritime mobile-satellite service, located at a specified fixed point on land to provide a feeder link for the maritime mobile-satellite service. (RR) Coast Station. A land station in the maritime mobile service. (RR) Community Reception (in the broadcasting-satellite service). The reception of emissions from a space station in the broadcasting-satellite service by receiving equipment, which in some cases may be complex and have antennae larger than those for individual reception, and intended for use: ( 1 ) by a group of the general public at one location; or ( 2 ) through a distribution system covering a limited area. (RR) Conterminous United States. The contiguous 48 States and the District of Columbia. (FCC) Coordinated Universal Time (UTC). Time scale, based on the second (SI), as defined in Recommendation ITU-R TF.460-6. Note: For most practical purposes associated with the ITU Radio Regulations , UTC is equivalent to mean solar time at the prime meridian (0° longitude), formerly expressed in GMT. (RR) Coordination Area. When determining the need for coordination, the area surrounding an earth station sharing the same frequency band with terrestrial stations, or surrounding a transmitting earth station sharing the same bidirectionally allocated frequency band with receiving earth stations, beyond which the level of permissible interference will not be exceeded and coordination is therefore not required. (RR) Coordination Contour. The line enclosing the coordination area. (RR) Coordination Distance. When determining the need for coordination, the distance on a given azimuth from an earth station sharing the same frequency band with terrestrial stations, or from a transmitting earth station sharing the same bidirectionally allocated frequency band with receiving earth stations, beyond which the level of permissible interference will not be exceeded and coordination is therefore not required. (RR) Deep Space. Space at distance from the Earth equal to, or greater than, 2 × 10 6 kilometers. (RR) Differential Global Positioning System (DGPS) Station. A differential RNSS station for specific augmentation of GPS. Differential Radionavigation Satellite Service (Differential RNSS) Station. A station used for the transmission of differential correction data and related information (such as ionospheric data and RNSS satellite integrity information) as an augmentation to an RNSS system for the purpose of improved navigation accuracy. Direct Sequence Systems. A spread spectrum system in which the carrier has been modulated by a high speed spreading code and an information data stream. The high speed code sequence dominates the “modulating function” and is the direct cause of the wide spreading of the transmitted signal. Duplex Operation. Operating method in which transmission is possible simultaneously in both directions of a telecommunication channel. [ 3 ] (RR) Earth Exploration-Satellite Service. A radiocommunication service between earth stations and one or more space stations, which may include links between space stations, in which: ( 1 ) Information relating to the characteristics of the Earth and its natural phenomena, including data relating to the state of the environment, is obtained from active sensors or passive sensors on Earth satellites; ( 2 ) Similar information is collected from airborne or Earth-based platforms; ( 3 ) Such information may be distributed to earth stations within the system concerned; and ( 4 ) Platform interrogation may be included. This service may also include feeder links necessary for its operation. (RR) Earth Station. A station located either on the earth's surface or within the major portion of earth's atmosphere and intended for communication: ( 1 ) With one or more space stations; or ( 2 ) With one or more stations of the same kind by means of one or more reflecting satellites or other objects in space. (RR) Effective Radiated Power (e.r.p) (in a given direction). The product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction. (RR) Emergency Position-Indicating Radiobeacon Station. A station in the mobile service the emissions of which are intended to facilitate search and rescue operations. (RR) Emission. Radiation produced, or the production of radiation, by a radio transmitting station. Note: For example, the energy radiated by the local oscillator of a radio receiver would not be an emission but a radiation. (RR) End Product. A completed electronic device that has received all requisite FCC approvals and is suitable for marketing. Equivalent Isotropically Radiated Power (e.i.r.p.). The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna (absolute or isotropic gain). (RR) Equivalent Monopole Radiated Power (e.m.r.p.) (in a given direction). The product of the power supplied to the antenna and its gain relative to a short vertical antenna in a given direction. (RR) Equivalent Satellite Link Noise Temperature. The noise temperature referred to the output of the receiving antenna of the earth station corresponding to the radio-frequency noise power which produces the total observed noise at the output of the satellite link excluding the noise due to interference coming from satellite links using other satellites and from terrestrial systems. (RR) Evaluation Kit. An assembly of components, subassemblies, or circuitry, including software, created by or for a component maker, system integrator, or product developer for the sole purpose of facilitating: (i) End product developer evaluation of all or some of such components, subassemblies, or circuitry, or (ii) the development of software to be used in an end product. Experimental Station. A station utilizing radio waves in experiments with a view to the development of science or technique. Note: This definition does not include amateur stations. (RR) Facsimile. A form of telegraphy for the transmission of fixed images, with or without half-tones, with a view to their reproduction in a permanent form. (RR) Feeder Link. A radio link from an earth station at a given location to a space station, or vice versa, conveying information for a space radiocommunication service other than for the fixed-satellite service. The given location may be at a specified fixed point, or at any fixed point within specified areas. (RR) Fixed-Satellite Service. A radiocommunication service between earth stations at given positions, when one or more satellites are used; the given position may be a specified fixed point or any fixed point within specified areas; in some cases this service includes satellite-to-satellite links, which may also be operated in the inter-satellite service; the fixed-satellite service may also include feeder links for other space radiocommunication services. (RR) Fixed Service. A radiocommunication service between specified fixed points. (RR) Fixed Station. A station in the fixed service. (RR) Frequency Assignment Subcommittee (FAS). A subcommittee of the Interdepartment Radio Advisory Committee (IRAC) within NTIA that develops and executes procedures for the assignment and coordination of Federal radio frequencies. (FCC) Frequency Hopping Systems. A spread spectrum system in which the carrier is modulated with the coded information in a conventional manner causing a conventional spreading of the RF energy about the frequency carrier. The frequency of the carrier is not fixed but changes at fixed intervals under the direction of a coded sequence. The wide RF bandwidth needed by such a system is not required by spreading of the RF energy about the carrier but rather to accommodate the range of frequencies to which the carrier frequency can hop. The test of a frequency hopping system is that the near term distribution of hops appears random, the long term distribution appears evenly distributed over the hop set, and sequential hops are randomly distributed in both direction and magnitude of change in the hop set. Frequency-Shift Telegraphy. Telegraphy by frequency modulation in which the telegraph signal shifts the frequency of the carrier between predetermined values. (RR) Frequency Tolerance. The maximum permissible departure by the centre frequency of the frequency band occupied by an emission from the assigned frequency or, by the characteristic frequency of an emission from the reference frequency. Note: The frequency tolerance is expressed in parts in 10 6 or in hertz. (RR) Full Carrier Single-Sideband Emission. A single-sideband emission without suppression of the carrier. (RR) Gain of an Antenna. The ratio, usually expressed in decibels, of the power required at the input of a loss free reference antenna to the power supplied to the input of the given antenna to produce, in a given direction, the same field strength or the same power flux-density at the same distance. When not specified otherwise, the gain refers to the direction of maximum radiation. The gain may be considered for a specified polarization. Note: Depending on the choice of the reference antenna a distinction is made between: (1) Absolute or isotropic gain (Gi), when the reference antenna is an isotropic antenna isolated in space; (2) Gain relative to a half-wave dipole (Gd), when the reference antenna is a half-wave dipole isolated in space whose equatorial plane contains the given direction; (3) Gain relative to a short vertical antenna (Gv), when the reference antenna is a linear conductor, much shorter than one quarter of the wavelength, normal to the surface of a perfectly conducting plane which contains the given direction. (RR) General Purpose Mobile Service. A mobile service that includes all mobile communications uses including those within the Aeronautical Mobile, Land Mobile, or the Maritime Mobile Services. Geostationary Satellite. A geosynchronous satellite whose circular and direct orbit lies in the plane of the Earth's equator and which thus remains fixed relative to the Earth; by extension, a geosynchronous satellite which remains approximately fixed relative to the Earth. (RR) Geostationary Satellite Orbit. The orbit in which a satellite must be placed to be a geostationary satellite. (RR) Geosynchronous Satellite. An Earth satellite whose period of revolution is equal to the period of rotation of the Earth about its axis. (RR) Government Master File (GMF). NTIA's database of Federal assignments. It also includes non-Federal authorizations coordinated with NTIA for the bands allocated for shared Federal and non-Federal use. (FCC) Harmful Interference. Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service operating in accordance with [the ITU] Radio Regulations. (CS) High Altitude Platform Station (HAPS). A station located on an object at an altitude of 20 to 50 km and at a specified, nominal, fixed point relative to the Earth. (RR) Hybrid Spread Spectrum Systems. Hybrid spread spectrum systems are those which use combinations of two or more types of direct sequence, frequency hopping, time hopping and pulsed FM modulation in order to achieve their wide occupied bandwidths. Inclination of an Orbit (of an earth satellite). The angle determined by the plane containing the orbit and the plane of the Earth's equator measured in degrees between 0° and 180° and in counter-clockwise direction from the Earth's equatorial plane at the ascending node of the orbit. (RR) Individual Reception (in the broadcasting-satellite service). The reception of emissions from a space station in the broadcasting-satellite service by simple domestic installations and in particular those possessing small antennae. (RR) Industrial, Scientific and Medical (ISM) (of radio frequency energy) Applications. Operation of equipment or appliances designed to generate and use locally radio-frequency energy for industrial, scientific, medical, domestic or similar purposes, excluding applications in the field of telecommunications. (RR) Instrument Landing System (ILS). A radionavigation system which provides aircraft with horizontal and vertical guidance just before and during landing and, at certain fixed points, indicates the distance to the reference point of landing. (RR) Instrument Landing System Glide Path. A system of vertical guidance embodied in the instrument landing system which indicates the vertical deviation of the aircraft from its optimum path of descent. (RR) Instrument Landing System Localizer. A system of horizontal guidance embodied in the instrument landing system which indicates the horizontal deviation of the aircraft from its optimum path of descent along the axis of the runway. (RR) Insular area. A jurisdiction that is neither a part of one of the several States nor a Federal district. The U.S. insular areas are listed in 47 CFR 2.105(a) at notes 2 and 3. (FCC) Interdepartment Radio Advisory Committee (IRAC). A committee of the Federal departments, agencies, and administrations that advises NTIA in assigning frequencies to Federal radio stations and in developing and executing policies, programs, procedures, and technical criteria pertaining to the allocation, management, and use of the spectrum. The IRAC consists of a main committee, subcommittees, and several ad hoc groups that consider various aspects of spectrum management policy. The FCC serves as a member of the Frequency Assignment Subcommittee and as Liaison Representative on the main committee, all other subcommittees and ad hoc groups. (FCC) Interference. The effect of unwanted energy due to one or a combination of emissions, radiations, or inductions upon reception in a radiocommunication system, manifested by any performance degradation, misinterpretation, or loss of information which could be extracted in the absence of such unwanted energy. (RR) International Telecommunication Union (ITU). An international organization within the United Nations System where governments and the private sector coordinate global telecom networks and services. The ITU is headquartered in Geneva, Switzerland and its internet address is www.itu.int . (FCC) Inter-Satellite Service. A radiocommunication service providing links between artificial satellites. (RR) Ionospheric Scatter. The propagation of radio waves by scattering as a result of irregularities or discontinuities in the ionization of the ionosphere. (RR) Land Earth Station. An earth station in the fixed-satellite service or, in some cases, in the mobile-satellite service, located at a specified fixed point or within a specified area on land to provide a feeder link for the mobile-satellite service. (RR) Land Mobile Earth Station. A mobile earth station in the land mobile-satellite service capable of surface movement within the geographical limits of a country or continent. (RR) Land Mobile-Satellite Service. A mobile-satellite service in which mobile earth stations are located on land. (RR) Land Mobile Service. A mobile service between base stations and land mobile stations, or between land mobile stations. (RR) Land Mobile Station. A mobile station in the land mobile service capable of surface movement within the geographical limits of a country or continent. Land Station. A station in the mobile service not intended to be used while in motion. (RR) Left-Hand (or Anti-Clockwise) Polarized Wave. An elliptically or circularly-polarized wave, in fixed plane, normal to the direction of propagation, whilst looking in the direction of propagation, rotates with time in a left hand or anti-clockwise direction. (RR) Line A. Begins at Aberdeen, Washington running by great circle arc to the intersection of 48° N., 120° W., thence along parallel 48° N., to the intersection of 95° W., thence by great circle arc through the southernmost point of Duluth, Minn., thence by great circle arc to 45° N., 85° W., thence southward along meridian 85° W., to its intersection with parallel 41° N., thence along parallel 41° N., to its intersection with meridian 82° W., thence by great circle arc through the southernmost point of Bangor, Maine, thence by great circle arc through the southernmost point of Searsport, Maine, at which point it terminates. (FCC) Line B. Begins at Tofino, B.C., running by great circle arc to the intersection of 50° N., 125° W., thence along parallel 50° N., to the intersection of 90° W., thence by great circle arc to the intersection of 45° N., 79°30′ W., thence by great circle arc through the northernmost point of Drummondville, Quebec (Lat. 45°52′ N., Long 72°30′ W.), thence by great circle arc to 48°30′ N., 70° W., thence by great circle arc through the northernmost point of Compbellton, N.B., thence by great circle are through the northernmost point of Liverpool, N.S., at which point it terminates. (FCC) Line C. Begins at the intersection of 70° N., 144° W., thence by great circle arc to the intersection of 60° N., 143° W., thence by great circle arc so as to include all of the Alaskan Panhandle. (FCC) Line D. Begins at the intersection of 70° N., 138° W., thence by great circle arc to the intersection of 61°20′ N., 139° W. (Burwash Landing), thence by great circle arc to the intersection of 60°45′ N., 135° W., thence by great circle arc to the intersection of 56° N., 128° W., thence south along 128° meridian to Lat. 55° N., thence by great circle arc to the intersection of 54° N., 130° W., thence by great circle arc to Port Clements, thence to the Pacific Ocean where it ends. (FCC) Maritime Mobile-Satellite Service. A mobile-satellite service in which mobile earth stations are located on board ships; survival craft stations and emergency position-indicating radiobeacon stations may also participate in this service. (RR) Maritime Mobile Service. A mobile service between coast stations and ship stations, or between ship stations, or between associated on-board communication stations; survival craft stations and emergency position-indicating radiobeacon stations may also participate in this service. (RR) Maritime Radionavigation-Satellite Service. A radionavigation-satellite service in which earth stations are located on board ships. (RR) Maritime Radionavigation Service. A radionavigation service intended for the benefit and for the safe operation of ships. (RR) Marker Beacon. A transmitter in the aeronautical radionavigation service which radiates vertically a distinctive pattern for providing position information to aircraft. (RR) Mean Power (of a radio transmitter). The average power supplied to the antenna transmission line by a transmitter during an interval of time sufficiently long compared with the lowest frequency encountered in the modulation taken under normal operating conditions. (RR) Meteorological Aids Service. A radiocommunication service used for meteorological, including hydrological, observation and exploration. (RR) Meteorological-Satellite Service. An earth exploration-satellite service for meteorological purposes. (RR) Mobile Earth Station. An earth station in the mobile-satellite service intended to be used while in motion or during halts at unspecified points. (RR) Mobile-Satellite Service. A radiocommunication service: ( 1 ) Between mobile earth stations and one or more space stations, or between space stations used by this service; or ( 2 ) Between mobile earth stations by means of one or more space stations. Note: This service may also include feeder links necessary for its operation. (RR) Mobile Service. A radiocommunication service between mobile and land stations, or between mobile stations. (CV) Mobile Station. A station in the mobile service intended to be used while in motion or during halts at unspecified points. (RR) Multi-Satellite Link. A radio link between a transmitting earth station and a receiving earth station through two or more satellites, without any intermediate earth station. Note: A multisatellite link comprises one up-link, one or more satellite-to-satellite links and one down-link. (RR) National Telecommunications and Information Administration (NTIA). An agency of the United States Department of Commerce that serves as the President's principal advisor on telecommunications and information policy issues. NTIA manages Federal use of the radio spectrum and coordinates Federal use with the FCC. NTIA sets forth regulations for Federal use of the radio spectrum within its Manual of Regulations & Procedures for Federal Radio Frequency Management (NTIA Manual). (FCC) Necessary Bandwidth. For a given class of emission, the width of the frequency band which is just sufficient to ensure the transmission of information at the rate and with the quality required under specified conditions. (RR) Non-Voice, Non-Geostationary Mobile-Satellite Service. A mobile-satellite service reserved for use by non-geostationary satellites in the provision of non-voice communications which may include satellite links between land earth stations at fixed locations. Occupied Bandwidth. The width of a frequency band such that, below the lower and above the upper frequency limits, the mean powers emitted are each equal to a specified percentage β/2 of the total mean power of a given emission. Note: Unless otherwise specified in an ITU-R Recommendation for the appropriate class of emission, the value of β/2 should be taken as 0.5%. (RR). On-Board Communication Station. A low-powered mobile station in the maritime mobile service intended for use for internal communications on board a ship, or between a ship and its lifeboats and life-rafts during lifeboat drills or operations, or for communication within a group of vessels being towed or pushed, as well as for line handling and mooring instructions. (RR) Orbit. The path, relative to a specified frame of reference, described by the centre of mass of a satellite or other object in space subjected primarily to natural forces, mainly the force of gravity. (RR) Out-of-band domain (of an emission). The frequency range, immediately outside the necessary bandwidth but excluding the spurious domain, in which out-of-band emissions generally predominate. Out-of-band emissions, defined based on their source, occur in the out-of-band domain and, to a lesser extent, in the spurious domain. Spurious emissions likewise may occur in the out-of-band domain as well as in the spurious domain. (RR) Out-of-band Emission. Emission on a frequency or frequencies immediately outside the necessary bandwidth which results from the modulation process, but excluding spurious emissions. (RR) Passive Sensor. A measuring instrument in the earth exploration-satellite service or in the space research service by means of which information is obtained by reception of radio waves of natural origin. (RR) Peak Envelope Power (of a radio transmitter). The average power supplied to the antenna transmission line by a transmitter during one radio frequency cycle at the crest of the modulation envelope taken under normal operating conditions. (RR) Period (of a satellite). The time elapsing between two consecutive passages of a satellite through a characteristic point on its orbit. (RR) Permissible Interference. [ 3 ] Observed or predicted interference which complies with quantitative interference and sharing criteria contained in these [ITU Radio] Regulations or in ITU-R Recommendations or in special agreements as provided for in these Regulations. (RR) Port Operations Service. A maritime mobile service in or near a port, between coast stations and ship stations, or between ship stations, in which messages are restricted to those relating to the operational handling, the movement and the safty of ships and, in emergency, to the safety of persons. Note: Messages which are of a public correspondence nature shall be excluded from this service. (RR) Port Station. A coast station in the port operations service. (RR) Power. Whenever the power of a radio transmitter, etc. is referred to it shall be expressed in one of the following forms, according to the class of emission, using the arbitrary symbols indicated: ( 1 ) Peak envelope power (PX or pX); ( 2 ) Mean power (PY or pY); ( 3 ) Carrier power (PZ or pZ). Note 1: For different classes of emission, the relationships between peak envelope power, mean power and carrier power, under the conditions of normal operation and of no modulation, are contained in ITU-R Recommendations which may be used as a guide. Note 2: For use in formulae, the symbol p denotes power expressed in watts and the symbol P denotes power expressed in decibels relative to a reference level. (RR) Primary Radar. A radiodetermination system based on the comparison of reference signals with radio signals reflected from the position to be determined. (RR) Protection Ratio. The minimum value of the wanted-to-unwanted signal ratio, usually expressed in decibels, at the receiver input determined under specified conditions such that a specified reception quality of the wanted signal is achieved at the receiver output. (RR) Public Correspondence. Any telecommunication which the offices and stations must, by reason of their being at the disposal of the public, accept for transmission. (CS) Pulsed FM Systems. A pulsed FM system is a spread spectrum system in which a RF carrier is modulated with a fixed period and fixed duty cycle sequence. At the beginning of each transmitted pulse, the carrier frequency is frequency modulated causing an additional spreading of the carrier. The pattern of the frequency modulation will depend upon the spreading function which is chosen. In some systems the spreading function is a linear FM chirp sweep, sweeping either up or down in frequency. Radar. A radiodetermination system based on the comparison of reference signals with radio signals reflected, or retrainsmitted, from the position to be determined. (RR) Radar Beacon (RACON). A transmitter-receiver associated with a fixed navigational mark which, when triggered by a radar, automatically returns a distinctive signal which can appear on the display of the triggering radar, providing range, bearing and identification information. (RR) Radiation. The outward flow of energy from any source in the form of radio waves. (RR) Radio. A general term applied to the use of radio waves. (RR) Radio Altimeter. Radionavigation equipment, on board an aircraft or spacecraft or the spacecraft above the Earth's surface or another surface. (RR) Radio Astronomy. Astronomy based on the reception of radio waves of cosmic origin. (RR) Radio Astronomy Service. A service involving the use of radio astronomy. (RR) Radio Astronomy Station. A station in the radio astronomy service. (RR) Radiobeacon Station. A station in the radionavigation service the emissions of which are intended to enable a mobile station to determine its bearing or direction in relation to radiobeacon station. (RR) Radiocommunication. Telecommunication by means of radio waves. (CS) (CV) Radiocommunication Service. A service as defined in this Section involving the transmission, emission and/or reception of radio waves for specific telecommunication purposes. Note: In these [international] Radio Regulations, unless otherwise stated, any radiocommunication service relates to terrestrial radiocommunication. (RR) Radiodetermination. The determination of the position, velocity and/or other characteristics of an object, or the obtaining of information relating to these parameters, by means of the propagation properties of radio waves. (RR) Radiodetermination-Satellite Service. A radiocommunication service for the purpose of radiodetermination involving the use or one of more space stations. This service may also include feeder links necessary for its own operation. (RR) Radiodetermination Service. A radiocommunication service for the purpose of radiodetermination. (RR) Radiodetermination Station. A station in the radiodetermination serviice. (RR) Radio Direction-Finding. Radiodetermination using the reception of radio waves for the purpose of determining the direction of a station or object. (RR) Radio Direction-Finding Station. A radiodetermination station using radio direction-finding. (RR) Radiolocation. Radiodetermination used for purposes other than those of radionavigation. (RR) Radiolocation Land Station. A station in the radiolocation service not intended to be used while in motion. (RR) Radiolocation Mobile Station. A station in the radiolocation service intended to be used while in motion or during halts at unspecified points. (RR) Radiolocation Service. A radiodetermination service for the purpose of radiolocation. (RR) Radionavigation. Radiodetermination used for the purposes of navigation, including obstruction warning. Radionavigation Land Station. A station in the radionavigation service not intended to be used while in motion. (RR) Radionavigation Mobile Station. A station in the radionavigation service intended to be used while in motion or during halts at unspecified points. (RR) Radionavigation-Satellite Service. A radiodetermination-satellite service used for the purpose of radionavigation. This service may also include feeder links necessary for its operation. (RR) Radionavigation Service. A radiod-etermination service for the purpose of radionavigation. (RR) Radiosonde. An automatic radio transmitter in the meteorological aids service usually carried on an aircraft, free ballon, kite or parachute, and which transmits meteorological data. (RR) Radiotelegram. A telegram, originating in or intended for a mobile station or a mobile earth station transmitted on all or part of its route over the radiocommunication channels of the mobile service or of the mobile-satellite service. (RR) Radiotelemetry. Telemetry by means of radio waves. (RR) Radiotelephone Call. A telephone call, originating in or intended for a mobile station or a mobile earth station, transmitted on all or part of its route over the radiocommunication channels of the mobile service or of the mobile-satellite service. (RR) Radiotelex Call. A telex call, originating in or intended for a mobile station or a mobile earth station, transmitted on all or part of its route over the radiocommunication channels of the mobile service or the mobile-satellite service. (RR) Radio Waves or Hertzian Waves. Electromagnetic waves of frequencies arbitrarily lower than 3,000 GHz, propagated in space without aritificial guide. (RR) Reduced Carrier Single-Sideband Emission. A single-sideband emission in which the degree of carrier suppession enables the carrier to be reconstrituted and to be used for demodulation. (RR) Reference Frequency. A frequency having a fixed and specified position with respect to the assigned frequency. The displacement of this frequency with respect to the assigned frequency has the same absolute value and sign that the displacement of the characteristic frequency has with respect to the centre of the frequency band occupied by the emission. (RR) Reflecting Satellite. A satellite intended to reflect radiocommunication signals. (RR) Right-Hand (or Clockwise) Polarized Wave. An Elliptically or circularly-polarized wave, in which the electric field vector, observed in any fixed plane, normal to the direction of propagation, whilst looking in the direction of propagation, rotates with time in a right-hand or clockwise direction. (RR) Safety Service. Any radiocommunication service used permanently or temporarily for the safeguarding of human life and property. (RR) Satellite. A body which revolves around another body of preponderant mass and which has a motion primarily and permanently determined by the force of attraction of that other body. (RR) Satellite Link. A radio link between a transmitting earth station and a receiving earth station through one satellite. A satellite link comprises one up-link and one down-link. (RR) Satellite Network. A satellite system or a part of a satellite system, consisting of only one satellite and the cooperating earth stations. (RR) Satellite System. A space system using one or more artificial earth satellites. (RR) Secondary Radar. A radiodetermination system based on the comparison of reference signals with radio signals retransmitted from the position to be determined. (RR) Semi-Duplex Operation. 4 A method which is simplex operation on one end of the circuit and duplex operation at the other. (RR) Simplex Operation. [ 4 ] Operating method in which transmission is made possible alternatively in each direction of a telecommunication channel, for example, by means of manual control. Ship Earth Station. A mobile earth station in the maritime mobile-satellite service located on board ship. (RR) Ship Movement Service. A safety service in the maritime mobile service other than a port operations service, between coast stations and ship stations, or between ship stations, in which messages are restricted to those relating to the movement of ships. Messages which are of a public correspondence nature shall be excluded from this service. (RR) Ship's Emergency Transmitter. A ship's transmitter to be used exclusively on a distress frequency for distress, urgency or safety purposes. (RR) Ship Station. A mobile station in the maritime mobile service located on board a vessel which is not permanently moored, other than a survival craft station. (RR) Simplex Operation. Operating method in which transmission is made possible alternatively in each direction of a telecommunication channel, for example, by means of manual control. [ 5 ] (RR) Single-Sideband Emission. An amplitude modulated emission with one sideband only. (RR) Software defined radio. A radio that includes a transmitter in which the operating parameters of frequency range, modulation type or maximum output power (either radiated or conducted), or the circumstances under which the transmitter operates in accordance with Commission rules, can be altered by making a change in software without making any changes to hardware components that affect the radio frequency emissions. In accordance with § 2.944 of this part , only radios in which the software is designed or expected to be modified by a party other than the manufacturer and would affect the above-listed operating parameters or circumstances under which the radio transmits must be certified as software defined radios. Spacecraft. A man-made vehicle which is intended to go beyond the major portion of the Earth's atmosphere. (RR) Space Operation Service. A radiocommunication service concerned exclusively with the operation of spacecraft, in particular space tracking, space telemetry, and space telecommand. Note: These functions will normally be provided within the service in which the space station is operating. (RR) Space Radiocommunication. Any radiocommunication involving the use of one or more space stations or the use of one or more reflecting satellites or other objects in space. (RR) Space Research Service. A radiocommunication service in which spacecraft or other objects in space are used for scientific or technological research purposes. (RR) Space Station. A station located on an object which is beyond, is intended to go beyond, or has been beyond, the major portion of the Earth's atmosphere. (RR) Space System. Any group of cooperating Earth stations and/or space stations employing space radiocommunication for specific purposes. (RR) Space Telecommand. The use of radiocommunication for the transmission of signals to a space station to initiate, modify or terminate functions of equipment on a space object, incuding the space station. (RR) Space Telemetry. The use of telemetry for transmission for a space station of results of measurements made in a spacecraft, including those relating to the functioning of the spacecraft. (RR) Space Tracking. Determination of the orbit, velocity or instanteneous position of an object in space by means of radiodetermination, excluding primary radar, for the purpose of following the movement of the object. (RR) Special Service. A radiocommunication service, not otherwise defined in this Section, carried on exclusively for specific needs of general utility, and not open to public correspondence. (RR) Spread Spectrum Systems. A spread spectrum system is an information bearing communications system in which: ( 1 ) Information is conveyed by modulation of a carrier by some conventional means, ( 2 ) the bandwidth is deliberately widened by means of a spreading function over that which would be needed to transmit the information alone. (In some spread spectrum systems, a portion of the information being conveyed by the system may be contained in the spreading function.) Spurious domain (of an emission): The frequency range beyond the out-of-band domain in which spurious emissions generally predominate. (RR) Spurious Emission. Emission on a frequency or frequencies which are outside the necessary bandwidth and the level of which may be reduced without affecting the corresponding transmission of information. Spurious emissions include harmonic emissions, parasitic emissions, intermodulation products and frequency conversion products, but exclude out-of-band emissions. (RR) Standard Frequency and Time Signal-Satellite Service. A radiocommunication service using space stations on earth satellites for the same purposes as those of the standard frequency and time signal service. Note: This service may also include feeder links necessary for its operation. (RR) Standard Frequency and Time Signal Service. A radiocommunication service for scientific, technical and other purposes, providing the transmission of specified frequencies, time signals, or both, of stated high precision, intended for general reception. (RR) Standard Frequency and Time Signal Station. A station in the standard frequency and time signal service. (RR) Station. One or more transmitters or receivers or a combination of transmitters and receivers, including the accessory equipment, necessary at one location for carrying on a radiocommunication service, or the radio astronomy service. Note: Each station shall be classified by the service in which it operates permanently or temporarily. (RR) Suppressed Carrier Single-Sideband Emission. A single-sideband emission in which the carrier is virtually suppressed and not intended to be used for demodulation. (RR) Survival Craft Station. A mobile station in the maritime mobile service or the aeronautical mobile service intended solely for survival purposes and located on any lifeboat, life-raft or other survival equipment. (RR) Telecommand. The use of telecommunication for the transmission of signals to initiate, modify or terminate functions of equipment at a distance. (RR) Telecommunication. Any transmission, emission or reception of signs, signals, writings, images and sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems. (CS) Telegram. Written matter intended to be transmitted by telegraphy for delivery to the addressee. This term also includes radiotelegrams unless otherwise specified. (CS) Note: In this definition the term telegraphy has the same general meaning as defined in the Convention. Telegraphy. [ 5 ] A form of telecommunication in which the transmitted information is intended to be recorded on arrival as a graphic document; the transmitted information may sometimes be presented in an alternative form or may be stored for subsequent use. (CS) Telemetry. The use of telecommunication for automatically indicating or recording measurements at a distance from the measuring instrument. (RR) Telephony. A form of telecommunication primarily intended for the exchange of information in the form of speech. (CS) Television. A form of telecommunication for the transmission of transient images of fixed or moving objects. (RR) Terrestrial Radiocommunication. Any radiocommunication other than space radiocommunication or radio astronomy. (RR) Terrestrial Station. A station effecting terrestrial radiocommunication. Note: In these [international Radio] Regulations, unless otherwise stated, any station is a terrestrial station. (RR) Time Hopping Systems. A time hopping system is a spread spectrum system in which the period and duty cycle of a pulsed RF carrier are varied in a pseudorandom manner under the control of a coded sequence. Time hopping is often used effectively with frequency hopping to form a hybrid time-division, multiple-access (TDMA) spread spectrum system. Transponder. A transmitter-receiver facility the function of which is to transmit signals automatically when the proper interrogation is received. (FCC) Tropospheric Scatter. The propagation of radio waves by scattering as a result of irregularities or discontinuities in the physical properties of the troposphere. (RR) Unwanted Emissions. Consist of spurious emissions and out-of-band emissions. (RR) [ 49 FR 2368 , Jan. 19, 1984, as amended at 50 FR 25239 , June 18, 1985; 51 FR 37399 , Oct. 22, 1986; 52 FR 7417 , Mar. 11, 1987; 54 FR 49980 , Dec. 4, 1990; 55 FR 28761 , July 13, 1990; 56 FR 42703 , Aug. 29, 1991; 58 FR 68058 , Dec. 23, 1993; 62 FR 26242 , May 13, 1997; 65 FR 60109 , Oct. 10, 2000; 66 FR 50840 , Oct. 5, 2001; 68 FR 74330 , Dec. 23, 2003; 70 FR 23039 , May 4, 2005; 70 FR 46583 , Aug. 10, 2005; 71 FR 15619 , Mar. 29, 2006; 72 FR 31192 , June 6, 2007; 73 FR 25421 , May 6, 2008; 75 FR 62933 , Oct. 13, 2010; 78 FR 25161 , Apr. 29, 2013; 80 FR 38823 , July 7, 2015] Footnotes -
2.1 [ 1 ] The terms permissible interference and accepted interference are used in the coordination of frequency assignments between administrations. [ 3 ] In general, duplex operation and semi-duplex operation require two frequencies in radiocommunication; simplex operation may use either one or two. [ 3 ] See footnote under Accepted Interference. [ 4 ] See footnote under Duplex Operation. [ 5 ] (See footnote under Duplex Operations.) [ 5 ] A graphic document records information in a permanent form and is capable of being filed and consulted; it may take the form of written or printed matter or of a fixed image. Subpart B—Allocation, Assignment, and Use of Radio Frequencies Source: 49 FR 2373 , Jan. 19, 1984, unless otherwise noted. § 2.100 International Radio Regulations. The United States is a Member State of the International Telecommunication Union (ITU). The legal framework of the ITU is comprised of the Constitution and Convention of the International Telecommunication Union—which have treaty status and are binding on ITU Member States—and the Administrative Regulations—which complement the Constitution and the Convention. The Radio Regulations form an integral part of the Administrative Regulations. ( a ) The Radio Regulations are available at https://www.itu.int/pub/R-REG-RR/en and consist of: ( 1 ) Articles in volume 1. Article 5 includes the ITU's Table of Frequency Allocations, which is the basis for the International Table in § 2.106 , as well as the text of the footnotes to the ITU's Table of Frequency Allocations, which is the basis for the list of international footnotes in § 2.106 . A description of terms and abbreviations used in the international footnotes is as follows: ( i ) ITU-R (ITU Radiocommunication Sector). ( ii ) No. (composite number indicating the number of the ITU Article and the provision number within that Article (e.g., No. 9.2B means provision No. 2B of Article 9). ( iii ) Radio Regulations (ITU Radio Regulations). ( iv ) WRC (World Radiocommunication Conference). ( 2 ) Appendices (with Annexes) in volume 2. ( 3 ) Resolutions and Recommendations in volume 3. ( 4 ) ITU Radiocommunication Sector (ITU-R) Recommendations as referenced in volume 4. ( b ) The Radio Regulations (Edition of 2012) have been incorporated to the extent practicable in this part, except that the International Table within § 2.106 has been updated to reflect the Radio Regulations (Edition of 2016). [ 88 FR 37320 , June 7, 2023] § 2.101 Frequency and wavelength bands. ( a ) The radio spectrum shall be subdivided into nine frequency bands, which shall be designated by progressive whole numbers in accordance with the following table. As the unit of frequency is the hertz (Hz), frequencies shall be expressed: ( 1 ) In kilohertz (kHz), up to and including 3 000 kHz; ( 2 ) In megahertz (MHz), above 3 MHz, up to and including 3 000 MHz; ( 3 ) In gigahertz (GHz), above 3 GHz, up to and including 3 000 GHz. ( b ) However, where adherence to these provisions would introduce serious difficulties, for example in connection with the notification and registration of frequencies, the lists of frequencies and related matters, reasonable departures may be made. [ 1 ] Table 1 to Paragraph ( b ) Band No. Symbols Frequency range (lower limit exclusive, upper limit inclusive) Corresponding metric subdivision 4 VLF 3 to 30 kHz Myriametric waves. 5 LF 30 to 300 kHz Kilometric waves. 6 MF 300 to 3 000 kHz Hectometric waves. 7 HF 3 to 30 MHz Decametric waves. 8 VHF 30 to 300 MHz Metric waves. 9 UHF 300 to 3 000 MHz Decimetric waves. 10 SHF 3 to 30 GHz Centimetric waves. 11 EHF 30 to 300 GHz Millimetric waves. 12 300 to 3 000 GHz Decimillimetric waves. Note 1: “Band N” (N = band number) extends from 0.3 × 10 N Hz to 3 × 10 N Hz. Note 2: Prefix: k = kilo (10 3 ), M = mega (10 6 ), G = giga (10 9 ). ( c ) In communications between administrations and the ITU, no names, symbols or abbreviations should be used for the various frequency bands other than those specified in this section. [ 70 FR 46583 , Aug. 10, 2005; 70 FR 53074 , Sept. 7, 2005; 75 FR 62933 , Oct. 13, 2010; 80 FR 38823 , July 7, 2015; 85 FR 38632 , June 26, 2020] Footnotes - 2.101 [ 1 ] In the application of the ITU Radio Regulations, the Radiocommunication Bureau uses the following units: kHz: For frequencies up to 28 000 kHz inclusive; MHz: For frequencies above 28 000 kHz up to 10 500 MHz inclusive; and GHz: For frequencies above 10 500 MHz. § 2.102 Assignment of frequencies. ( a ) Except as otherwise provided in this section, the assignment of frequencies and frequency bands to all stations and classes of stations and the licensing and authorizing of the use of all such frequencies between 8.3 kHz and 275 GHz, and the actual use of such frequencies for radiocommunication or for any other purpose, including the transfer of energy by radio, shall be in accordance with the Table of Frequency Allocations in § 2.106 . ( b ) On the condition that harmful interference will not be caused to services operating in accordance with the Table of Frequency Allocations the following exceptions to paragraph (a) of this section may be authorized: ( 1 ) In individual cases the Commission may, without rule making proceedings, authorize on a temporary basis only, the use of frequencies not in accordance with the Table of Frequency Allocations for projects of short duration or emergencies where the Commission finds that important or exceptional circumstances require such utilization. Such authorizations are not intended to develop a service to be operated on frequencies other than those allocated such service. ( 2 ) [Reserved] ( 3 ) Experimental stations, pursuant to part 5 of this chapter , may be authorized the use of any frequency or frequency band not exclusively allocated to the passive services (including the radio astronomy service). ( 4 ) In the event a band is reallocated so as to delete its availability for use by a particular service, the Commission may provide for the further interim use of the band by stations in that service for a temporary, specific period of time. ( c ) Non-Federal stations may be authorized to use Federal frequencies in the bands above 25 MHz: ( 1 ) If the Commission finds, after consultations with the appropriate Federal agency or agencies, that such use is necessary for coordination of Federal and non-Federal activities. Such operations must meet the following requirements: ( i ) Non-Federal operation on Federal frequencies shall conform with the conditions agreed upon by the Commission and NTIA; ( ii ) Such operations shall be in accordance with NTIA rules governing the service to which the frequencies involved are allocated; ( iii ) Such operations shall not cause harmful interference to Federal stations and, should harmful interference result, that the interfering non-Federal operation shall immediately terminate; and ( iv ) Non-Federal operation has been certified as necessary by the Federal agency involved and this certification has been furnished, in writing, to the non-Federal licensee with which communication is required; or ( 2 ) Pursuant to the provisions of § 90.25 of this chapter , provided that such operations shall not cause harmful interference to Federal stations and, should harmful interference result, that the interfering non-Federal operation shall immediately terminate. ( d ) Aircraft stations may communicate with stations of the maritime mobile service. They shall then conform to those provisions of the international Radio Regulations which relate to the maritime mobile service. For this purpose aircraft stations should use the frequencies allocated to the maritime mobile service. However, having regard to interference which may be caused by aircraft stations at high altitudes, maritime mobile frequencies in the bands above 30 MHz shall not be used by aircraft stations in any specific area without the prior agreement of all administrations of the area in which interference is likely to be caused. In particular, aircraft stations operating in Region 1 should not use frequencies in the bands above 30 MHz allocated to the maritime mobile service by virtue of any agreement between administrations in that Region. ( e ) Non-Federal services operating on frequencies in the band 25-50 MHz must recognize that it is shared with various services of other countries; that harmful interference may be caused by skywave signals received from distant stations of all services of the United States and other countries radiating power on frequencies in this band; and that no protection from such harmful interference generally can be expected. Persons desiring to avoid such harmful interference should consider operation on available frequencies higher in the radio spectrum not generally subject to this type of difficulty. ( f ) The stations of a service shall use frequencies so separated from the limits of a band allocated to that service as not to cause harmful interference to allocated services in immediately adjoining frequency bands. ( g ) In the bands above 25 MHz which are allocated to the non-Federal land mobile service, fixed stations may be authorized on the following conditions: ( 1 ) That such stations are authorized in the service shown in Column 5 of the Table of Frequency Allocations in the band in question; ( 2 ) That harmful interference will not be caused to services operating in accordance with the Table of Frequency Allocations. ( h ) Special provisions regarding the use of spectrum allocated to the fixed and land mobile services below 25 MHz by non-Federal stations. ( 1 ) Only in the following circumstances will authority be extended to stations in the fixed service to operate on frequencies below 25 MHz. ( i ) With respect to aeronautical fixed stations, only when a showing can be made that more suitable facilities are not available. ( ii ) With respect to fixed stations, except aeronautical fixed stations, only to: ( A ) Provide communication circuits in emergency and/or disaster situations, where safety of life and property are concerned; ( B ) Provide standby and/or backup facilities to satellite and cable circuits used for international public correspondence; ( C ) Provide standby and/or backup communications circuits to regular domestic communication circuits which have been disrupted by disasters and/or emergencies; ( D ) Provide communication circuits wholly within the State of Alaska and the United States insular areas in the Pacific; and ( E ) Provide communication circuits to support operations which are highly important to the national interest and where other means of telecommunication are unavailable. ( 2 ) Only in the following circumstances will authority be extended to stations in the land mobile service to operate below 25 MHz. ( i ) Provide communication circuits in emergency and/or disaster situations, where safety of life and property are concerned; ( ii ) Provide standby and/or backup communications circuits to regular domestic communication circuits which have been disrupted by disasters and/or emergencies; ( iii ) Provide communication circuits wholly within the State of Alaska and the United States insular areas in the Pacific; and ( iv ) Provide communication circuits to support operations which are highly important to the national interest and where other means of telecommunication are unavailable. ( 3 ) Except in the State of Alaska and the United States Pacific insular areas, the Commission does not intend to seek international protection for assignments made pursuant to paragraphs (h) (1)(ii) and (2) of this section; this results in the following constraints upon the circuits/assignments. ( i ) The Commission will not accept responsibility for protection of the circuits from harmful interference caused by foreign operations. ( ii ) In the event that a complaint of harmful interference resulting from operation of these circuits is received from a foreign source, the offending circuit(s) must cease operation on the particular frequency concerned. ( iii ) In order to accommodate the situations described in paragraphs (h)(3) (i) and (ii) of this section, equipments shall be capable of transmitting and receiving on any frequency in the bands assigned to the particular operation and capable of immediate change among the frequencies. [ 49 FR 2373 , Jan. 19, 1984, 70 FR 46585 , Aug. 10, 2005, as amended at 78 FR 25161 , Apr. 29, 2013; 82 FR 27185 , June 14, 2017; 83 FR 19977 , May 7, 2018; 85 FR 38633 , June 26, 2020] § 2.103 Federal use of non-Federal frequencies. ( a ) Federal stations may be authorized to use non-Federal frequencies in the bands above 25 MHz (except the 758-775 MHz and 788-805 MHz public safety bands) if the Commission finds that such use is necessary for coordination of Federal and non-Federal activities: Provided, however, that: ( 1 ) Federal operation on non-Federal frequencies shall conform with the conditions agreed upon by the Commission and NTIA (the more important of which are contained in paragraphs (a)(2) , (a)(3) and (a)(4) of this section); ( 2 ) Such operations shall be in accordance with Commission rules governing the service to which the frequencies involved are allocated; ( 3 ) Such operations shall not cause harmful interference to non-Federal stations and, should harmful interference result, that the interfering Federal operation shall immediately terminate; and ( 4 ) Federal operation has been certified as necessary by the non-Federal licensees involved and this certification has been furnished, in writing, to the Federal agency with which communication is required. ( b ) Federal stations may be authorized to use channels in the 769-775 MHz, 799-805 MHz and 4940-4990 MHz public safety bands with non-Federal entities if the Commission finds such use necessary; where: ( 1 ) The stations are used for interoperability or part of a Federal/non-Federal shared or joint-use system; ( 2 ) The Federal entity obtains the approval of the non-Federal (State/local government) licensee(s) or applicant(s) involved; ( 3 ) Federal operation is in accordance with the Commission's Rules governing operation of this band and conforms with any conditions agreed upon by the Commission and NTIA; and ( 4 ) Interoperability, shared or joint-use systems are the subject of a mutual agreement between the Federal and non-Federal entities. This section does not preclude other arrangements or agreements as permitted under part 90 of the rules. See 47 CFR 90.179 and 90.421 of this chapter. ( c ) Federal stations may be authorized by the First Responder Network Authority to use channels in the 758-769 MHz and 788-799 MHz public safety bands. [ 63 FR 58650 , Nov. 2, 1998, as amended at 68 FR 38638 , June 30, 2003; 70 FR 46586 , Aug. 10, 2005; 72 FR 48843 , Aug. 24, 2007; 79 FR 596 , Jan. 6, 2014] § 2.104 International Table of Frequency Allocations. ( a ) The International Table of Frequency Allocations is subdivided into the Region 1 Table (column 1 of § 2.106 ), the Region 2 Table (column 2 of § 2.106 ), and the Region 3 Table (column 3 of § 2.106 ). The International Table is included for informational purposes only. ( b ) Regions. For the allocation of frequencies the International Telecommunication Union (ITU) has divided the world into three Regions [ 1 ] as shown in Figure 1 of this section and described as follows: ( 1 ) Region 1. Region 1 includes the area limited on the east by line A (lines A, B and C are defined below) and on the west by line B, excluding any of the territory of the Islamic Republic of Iran which lies between these limits. It also includes the whole of the territory of Armenia, Azerbaijan, the Russian Federation, Georgia, Kazakhstan, Mongolia, Uzbekistan, Kyrgyzstan, Tajikistan, Turkmenistan, Turkey and Ukraine and the area to the north of the Russian Federation which lies between lines A and C. ( 2 ) Region 2. Region 2 includes the area limited on the east by line B and on the west by line C. ( 3 ) Region 3. Region 3 includes the area limited on the east by line C and on the west by line A, except any of the territory of Armenia, Azerbaijan, the Russian Federation, Georgia, Kazakhstan, Mongolia, Uzbekistan, Kyrgyzstan, Tajikistan, Turkmenistan, Turkey and Ukraine and the area to the north of the Russian Federation. It also includes that part of the territory of the Islamic Republic of Iran lying outside of those limits. ( 4 ) The lines A, B and C are defined as follows: ( i ) Line A. Line A extends from the North Pole along meridian 40° East of Greenwich to parallel 40° North; thence by great circle arc to the intersection of meridian 60° East and the Tropic of Cancer; thence along the meridian 60° East to the South Pole. ( ii ) Line B. Line B extends from the North Pole along meridian 10° West of Greenwich to its intersection with parallel 72° North; thence by great circle arc to the intersection of meridian 50° West and parallel 40° North; thence by great circle arc to the intersection of meridian 20° West and parallel 10° South; thence along meridian 20° West to the South Pole. ( iii ) Line C. Line C extends from the North Pole by great circle arc to the intersection of parallel 65°30′ North with the international boundary in Bering Strait; thence by great circle arc to the intersection of meridian 165° East of Greenwich and parallel 50° North; thence by great circle arc to the intersection of meridian 170° West and parallel 10° North; thence along parallel 10° North to its intersection with meridian 120° West; thence along meridian 120° West to the South Pole. ( c ) Areas. To further assist in the international allocation of the radio spectrum, the ITU has established five special geographical areas and they are defined as follows: ( 1 ) The term “African Broadcasting Area” means: ( i ) African countries, parts of countries, territories and groups of territories situated between the parallels 40° South and 30° North; ( ii ) Islands in the Indian Ocean west of meridian 60° East of Greenwich, situated between the parallel 40° South and the great circle arc joining the points 45° East, 11°30′ North and 60° East, 15° North; and ( iii ) Islands in the Atlantic Ocean east of line B, situated between the parallels 40° South and 30° North. ( 2 ) The “European Broadcasting Area” is bounded on the west by the western boundary of Region 1, on the east by the meridian 40° East of Greenwich and on the south by the parallel 30° North so as to include the northern part of Saudi Arabia and that part of those countries bordering the Mediterranean within these limits. In addition, Armenia, Azerbaijan, Georgia and those parts of the territories of Iraq, Jordan, Syrian Arab Republic, Turkey and Ukraine lying outside the above limits are included in the European Broadcasting Area. ( 3 ) The “European Maritime Area” is bounded to the north by a line extending along parallel 72° North from its intersection with meridian 55° East of Greenwich to its intersection with meridian 5° West, then along meridian 5° West to its intersection with parallel 67° North, thence along parallel 67° North to its intersection with meridian 32° West; to the west by a line extending along meridian 32° West to its intersection with parallel 30° North; to the south by a line extending along parallel 30° North to its intersection with meridian 43° East; to the east by a line extending along meridian 43° East to its intersection with parallel 60° North, thence along parallel 60° North to its intersection with meridian 55° East and thence along meridian 55° East to its intersection with parallel 72° North. ( 4 ) The “Tropical Zone” (see Figure 1 of this section) is defined as: ( i ) The whole of that area in Region 2 between the Tropics of Cancer and Capricorn. ( ii ) The whole of that area in Regions 1 and 3 contained between the parallels 30° North and 35° South with the addition of: ( A ) The area contained between the meridians 40° East and 80° East of Greenwich and the parallels 30° North and 40° North; and ( B ) That part of Libyan Arab Jamahiriya north of parallel 30° North. ( iii ) In Region 2, the Tropical Zone may be extended to parallel 33° North, subject to special agreements between the countries concerned in that Region (see Article 6 of the ITU Radio Regulations ). ( 5 ) A sub-Region is an area consisting of two or more countries in the same Region. ( d ) Categories of services and allocations. ( 1 ) Primary and secondary services. Where, in a box of the International Table in § 2.106 , a band is indicated as allocated to more than one service, either on a worldwide or Regional basis, such services are listed in the following order: ( i ) Services the names of which are printed in “capitals” (example: FIXED); these are called “primary” services; and ( ii ) Services the names of which are printed in “normal characters” (example: Mobile); these are called “secondary” services (see paragraph (d)(3) of this section). ( 2 ) Additional remarks shall be printed in normal characters (example: MOBILE except aeronautical mobile). ( 3 ) Stations of a secondary service: ( i ) Shall not cause harmful interference to stations of primary services to which frequencies are already assigned or to which frequencies may be assigned at a later date; ( ii ) Cannot claim protection from harmful interference from stations of a primary service to which frequencies are already assigned or may be assigned at a later date; and ( iii ) Can claim protection, however, from harmful interference from stations of the same or other secondary service(s) to which frequencies may be assigned at a later date. ( 4 ) Where a band is indicated in a footnote of the International Table as allocated to a service “on a secondary basis” in an area smaller than a Region, or in a particular country, this is a secondary service (see paragraph (d)(3) of this section). ( 5 ) Where a band is indicated in a footnote of the International Table as allocated to a service “on a primary basis”, in an area smaller than a Region, or in a particular country, this is a primary service only in that area or country. ( e ) Additional allocations. ( 1 ) Where a band is indicated in a footnote of the International Table as “also allocated” to a service in an area smaller than a Region, or in a particular country, this is an “additional” allocation, i.e. an allocation which is added in this area or in this country to the service or services which are indicated in the International Table. ( 2 ) If the footnote does not include any restriction on the service or services concerned apart from the restriction to operate only in a particular area or country, stations of this service or these services shall have equality of right to operate with stations of the other primary service or services indicated in the International Table. ( 3 ) If restrictions are imposed on an additional allocation in addition to the restriction to operate only in a particular area or country, this is indicated in the footnote of the International Table. ( f ) Alternative allocations. ( 1 ) Where a band is indicated in a footnote of the International Table as “allocated” to one or more services in an area smaller than a Region, or in a particular country, this is an “alternative” allocation, i.e. an allocation which replaces, in this area or in this country, the allocation indicated in the Table. ( 2 ) If the footnote does not include any restriction on stations of the service or services concerned, apart from the restriction to operate only in a particular area or country, these stations of such a service or services shall have an equality of right to operate with stations of the primary service or services, indicated in the International Table, to which the band is allocated in other areas or countries. ( 3 ) If restrictions are imposed on stations of a service to which an alternative allocation is made, in addition to the restriction to operate only in a particular country or area, this is indicated in the footnote. ( g ) Miscellaneous provisions. ( 1 ) Where it is indicated in the International Table that a service or stations in a service may operate in a specific frequency band subject to not causing harmful interference to another service or to another station in the same service, this means also that the service which is subject to not causing harmful interference cannot claim protection from harmful interference caused by the other service or other station in the same service. ( 2 ) Where it is indicated in the International Table that a service or stations in a service may operate in a specific frequency band subject to not claiming protection from another service or from another station in the same service, this means also that the service which is subject to not claiming protection shall not cause harmful interference to the other service or other station in the same service. ( 3 ) Except if otherwise specified in a footnote, the term “fixed service”, where appearing in the International Table, does not include systems using ionospheric scatter propagation. ( h ) Description of the International Table of Frequency Allocations. ( 1 ) The heading of the International Table includes three columns, each of which corresponds to one of the Regions (see paragraph (b) of this section). Where an allocation occupies the whole of the width of the Table or only one or two of the three columns, this is a worldwide allocation or a Regional allocation, respectively. ( 2 ) The frequency band referred to in each allocation is indicated in the left-hand top corner of the part of the Table concerned. ( 3 ) Within each of the categories specified in paragraph (d)(1) of this section, services are listed in alphabetical order according to the French language. The order of listing does not indicate relative priority within each category. ( 4 ) In the case where there is a parenthetical addition to an allocation in the International Table, that service allocation is restricted to the type of operation so indicated. ( 5 ) The footnote references which appear in the International Table below the allocated service or services apply to more than one of the allocated services, or to the whole of the allocation concerned. ( 6 ) The footnote references which appear to the right of the name of a service are applicable only to that particular service. ( 7 ) In certain cases, the names of countries appearing in the footnotes have been simplified in order to shorten the text. ( 8 ) The international footnotes shown in the International Table are applicable only to the relationships between the United States and other countries (unless a reference to an international footnote has been added to the United States Table of Frequency Allocations). Figure 1 to § 2.104 —Map [ 65 FR 4636 , Jan. 31, 2000, as amended at 70 FR 46586 , Aug. 10, 2005; 75 FR 62933 , Oct. 13, 2010; 85 FR 38633 , June 26, 2020] Footnotes - 2.104 [ 1 ] It should be noted that where the words “regions” or “regional” are without a capital “R,” they do not relate to the three Regions here defined for purposes of frequency allocation. § 2.105 United States Table of Frequency Allocations. ( a ) The United States Table of Frequency Allocations (United States Table) is subdivided into the Federal Table of Frequency Allocations (Federal Table, column 4 of § 2.106 ) and the non-Federal Table of Frequency Allocations (non-Federal Table, column 5 of § 2.106 ). The United States Table is based on the Region 2 Table because the relevant area of jurisdiction is located primarily in Region 2 [ 1 ] ( i.e. , the 50 States, the District of Columbia, the Caribbean insular areas, [ 2 ] and some of the Pacific insular areas). [ 3 ] The Federal Table is administered by NTIA [ 4 ] and the non-Federal Table is administered by the Federal Communications Commission (FCC). [ 5 ] ( b ) In the United States, radio spectrum may be allocated to either Federal or non-Federal use exclusively, or for shared use. In the case of shared use, the type of service(s) permitted need not be the same (e.g., Federal FIXED, non-Federal MOBILE). The terms used to designate categories of services and allocations in columns 4 and 5 of § 2.106 correspond to the terms in the ITU Radio Regulations. ( c ) Any segment of the radio spectrum may be allocated to the Federal and/or non-Federal sectors either on an exclusive or shared basis for use by one or more radio services. ( 1 ) In the case where an allocation has been made to more than one service, such services are listed in the following order: ( i ) Services, the names of which are printed in “capitals” [example: FIXED]; these are called “primary” services; ( ii ) Services, the names of which are printed in “normal characters” [example: Mobile]; these are called “secondary” services. ( 2 ) Stations of a secondary service: ( i ) Shall not cause harmful interference to stations of primary services to which frequencies are already assigned or to which frequencies may be assigned at a later date; ( ii ) Cannot claim protection from harmful interference from stations of a primary service to which frequencies are already assigned or may be assigned at a later date; and ( iii ) Can claim protection, however, from harmful interference from stations of the same or other secondary service(s) to which frequencies may be assigned at a later date. ( d ) The format of the United States Table is as follows: ( 1 ) The frequency band referred to in each allocation, column 4 for Federal operations and column 5 for non-Federal operations, is indicated in the left-hand top corner of the column. If there is no service or footnote indicated for a frequency band in column 4, then the Federal sector has no access to that band except as provided for by § 2.103 . If there is no service or footnote indicated for a frequency band in column 5, then the non-Federal sector has no access to that band except as provided for by § 2.102 . ( 2 ) When the type of service(s) permitted and any applicable footnote(s) are the same for a frequency band in the Federal Table and the non-Federal Table, columns 4 and 5 are merged, indicating that the frequency band is shared between the Federal and non-Federal sectors under the same conditions. ( 3 ) The Federal Table, given in column 4, is included for informational purposes only. ( 4 ) In the case where there is a parenthetical addition to an allocation in the United States Table [example: FIXED-SATELLITE (space-to-earth)], that service allocation is restricted to the type of operation so indicated. ( 5 ) The footnotes to the Allocation Table are listed in ascending numerical order in § 2.106(b) through (e) ; however, in some cases, a letter(s) has/have been appended after the digit(s) of a footnote number in order to preserve the sequential order. The following symbols are used to designate footnotes in the United States Table: ( i ) Any footnote number in the format “5.” followed by one or more digits, e.g., 5.53, denotes an international footnote. Where an international footnote is applicable, without modification, to both Federal and non-Federal operations, the Commission places the footnote in both the Federal Table and the non-Federal Table (columns 4 and 5) and the international footnote is binding on both Federal users and non-Federal licensees. If, however, an international footnote pertains to a service allocated only for Federal or non-Federal use, the international footnote will be placed only in the relevant Table. For example, footnote 5.142 pertains only to the amateur service, and thus, footnote 5.142 is shown only in the non-Federal Table. ( ii ) Any footnote in the format “US” followed by one or more digits, e.g., US7, denotes a stipulation affecting both Federal and non-Federal operations. United States footnotes appear in both the Federal Table and the non-Federal Table. ( iii ) Any footnote in the format “NG” followed by one or more digits, e.g., NG2, denotes a stipulation applicable only to non-Federal operations. Non-Federal Government (non-Federal) footnotes appear solely in the non-Federal Table (column 5). ( iv ) Any footnote in the format “G” followed by one or more digits, e.g., G2, denotes a stipulation applicable only to Federal operations. Federal Government (Federal) footnotes appear solely in the Federal Table (column 4). ( 6 ) The coordinates of latitude and longitude that are listed in United States, Federal, and non-Federal footnotes are referenced to the North American Datum of 1983 (NAD 83). ( e ) If a frequency or frequency band has been allocated to a radiocommunication service in the non-Federal Table, then a cross reference may be added to the pertinent FCC Rule part (column 6 of § 2.106 ) or, where greater specificity would be useful, to the pertinent subpart. For example, the band 849-851 MHz is allocated to the aeronautical mobile service for non-Federal use, rules for the use of the 849-851 MHz band have been added to part 22—Public Mobile Services ( 47 CFR part 22 ), and a cross reference, Public Mobile (22), has been added in column 6 of § 2.106 . The exact use that can be made of any given frequency or frequency band (e.g., channeling plans, allowable emissions, etc.) is given in the FCC Rule part(s) so indicated. The FCC Rule parts in this column are not allocations, may apply to only a portion of a band, and are provided for informational purposes only. This column also may contain explanatory notes for informational purposes only. Note 1 to paragraph ( e ): The radio frequency devices authorized pursuant to 47 CFR part 15 are not based on allocated radio services. In the Allocation Table, the cross references to part 15 are used to note those frequency bands that are most typically associated with unlicensed use. ( f ) The FCC Online Table of Frequency Allocations is updated shortly after a final rule that amends § 2.106 is released. The address for the FCC Radio Spectrum Home Page, which includes the FCC Online Table and the FCC Allocation History File, is http://www.fcc.gov/oet/spectrum . [ 65 FR 4640 , Jan. 31, 2000, as amended at 70 FR 46587 , Aug. 10, 2005; 73 FR 25421 , May 6, 2008; 75 FR 62933 , Oct. 13, 2010; 85 FR 38633 , June 26, 2020; 88 FR 37320 , June 7, 2023] Footnotes - 2.105 [ 1 ] See 2.104(b) for definitions of the ITU Regions. [ 2 ] The operation of stations in the U.S. insular areas located in Region 2 is generally governed by the United States Table. The U.S. insular areas located in Region 2 are comprised of the Caribbean insular areas and two of the eleven Pacific insular areas. The Caribbean insular areas are Puerto Rico, the United States Virgin Islands, and Navassa Island. The Pacific insular areas located in Region 2 are Johnston Atoll and Midway Atoll. [ 3 ] The operation of stations in the Pacific insular areas located in Region 3 is generally governed by the Region 3 Table ( i.e. , column 3 of § 2.106 ). The Pacific insular areas located in Region 3 are American Samoa, Guam, the Northern Mariana Islands, Baker Island, Howland Island, Jarvis Island, Kingman Reef, Palmyra Island, and Wake Island. [ 4 ] Section 305(a) of the Communications Act of 1934, as amended. See Public Law 102-538, 106 Stat. 3533 (1992). [ 5 ] The Communications Act of 1934, as amended. § 2.106 Table of Frequency Allocations. Cross Reference Link to an amendment published at 89 FR 63314 , Aug. 5, 2024. ( a ) Allocation Table. The Table of Frequency Allocations (Allocation Table) consists of the International Table of Frequency Allocations (International Table), the United States Table of Frequency Allocations (United States Table), and the FCC rule part(s) cross references as described in §§ 2.104 and 2.105 , respectively. The International Telecommunication Union (ITU) Radio Regulations are described in § 2.100 . The definitions of terms and acronyms used in the Allocation Table are specified in § 2.1 . The footnotes to the Allocation Table are listed in ascending numerical order in paragraphs (b) through (e) of this section; however, in some cases, a letter(s) has/have been appended to the digit(s) of a footnote number in order to preserve the sequential order. ( b ) International footnotes. International footnotes, each in the format “5.” followed by one or more digits, denote stipulations applicable in the relationship between the United States and other nations and thus appear at a minimum in the International Table. Where an international footnote is applicable, without modification, to both Federal and non-Federal operations, the footnote is placed in both the Federal Table and the non-Federal Table (columns 4 and 5) and the international footnote is binding on both Federal users and non-Federal licensees. If, however, an international footnote pertains to a service allocated only for Federal or non-Federal use, the international footnote will be placed only in the relevant Table. Annex, Appendix, Article, No., and Resolution are cross references to provisions in the International Telecommunication Union (ITU) Radio Regulations (see § 2.100 for descriptions of the structure of the ITU Radio Regulations and the terms and abbreviations used in the international footnotes). The ITU-R Recommendations referenced in certain of the international footnotes are available at https://www.itu.int/pub/R-REC . The list of international footnotes follows: ( 1 ) - ( 52 ) [Reserved] ( 53 ) 5.53 Administrations authorizing the use of frequencies below 8.3 kHz shall ensure that no harmful interference is caused to services to which the bands above 8.3 kHz are allocated. ( 54 ) 5.54 Administrations conducting scientific research using frequencies below 8.3 kHz are urged to advise other administrations that may be concerned in order that such research may be afforded all practicable protection from harmful interference. ( i ) 5.54A Use of the 8.3-11.3 kHz frequency band by stations in the meteorological aids service is limited to passive use only. In the band 9-11.3 kHz, meteorological aids stations shall not claim protection from stations of the radionavigation service submitted for notification to the Bureau prior to 1 January 2013. For sharing between stations of the meteorological aids service and stations in the radionavigation service submitted for notification after this date, the most recent version of Recommendation ITU-R RS.1881 should be applied. ( ii ) 5.54B Additional allocation: in Algeria, Saudi Arabia, Bahrain, Egypt, the United Arab Emirates, the Russian Federation, Iran (Islamic Republic of), Iraq, Kuwait, Lebanon, Morocco, Qatar, the Syrian Arab Republic, Sudan and Tunisia, the frequency band 8.3-9 kHz is also allocated to the radionavigation, fixed and mobile services on a primary basis. ( iii ) 5.54C Additional allocation: in China, the frequency band 8.3-9 kHz is also allocated to the maritime radionavigation and maritime mobile services on a primary basis. ( 55 ) 5.55 Additional allocation: in Armenia, the Russian Federation, Georgia, Kyrgyzstan, Tajikistan and Turkmenistan, the frequency band 14-17 kHz is also allocated to the radionavigation service on a primary basis. ( 56 ) 5.56 The stations of services to which the bands 14-19.95 kHz and 20.05-70 kHz and in Region 1 also the bands 72-84 kHz and 86-90 kHz are allocated may transmit standard frequency and time signals. Such stations shall be afforded protection from harmful interference. In Armenia, Azerbaijan, Belarus, the Russian Federation, Georgia, Kazakhstan, Kyrgyzstan, Tajikistan and Turkmenistan, the frequencies 25 kHz and 50 kHz will be used for this purpose under the same conditions. ( 57 ) 5.57 The use of the bands 14-19.95 kHz, 20.05-70 kHz and 70-90 kHz (72-84 kHz and 86-90 kHz in Region 1) by the maritime mobile service is limited to coast radiotelegraph stations (A1A and F1B only). Exceptionally, the use of class J2B or J7B emissions is authorized subject to the necessary bandwidth not exceeding that normally used for class A1A or F1B emissions in the band concerned. ( 58 ) 5.58 Additional allocation: in Armenia, Azerbaijan, the Russian Federation, Georgia, Kazakhstan, Kyrgyzstan, Tajikistan and Turkmenistan, the band 67-70 kHz is also allocated to the radionavigation service on a primary basis. ( 59 ) 5.59 Different category of service: in Bangladesh and Pakistan, the allocation of the bands 70-72 kHz and 84-86 kHz to the fixed and maritime mobile services is on a primary basis (see No. 5.33). ( 60 ) 5.60 In the bands 70-90 kHz (70-86 kHz in Region 1) and 110-130 kHz (112-130 kHz in Region 1), pulsed radionavigation systems may be used on condition that they do not cause harmful interference to other services to which these bands are allocated. ( 61 ) 5.61 In Region 2, the establishment and operation of stations in the maritime radionavigation service in the bands 70-90 kHz and 110-130 kHz shall be subject to agreement obtained under No. 9.21 with administrations whose services, operating in accordance with the Table, may be affected. However, stations of the fixed, maritime mobile and radiolocation services shall not cause harmful interference to stations in the maritime radionavigation service established under such agreements. ( 62 ) 5.62 Administrations which operate stations in the radionavigation service in the band 90-110 kHz are urged to coordinate technical and operating characteristics in such a way as to avoid harmful interference to the services provided by these stations. ( 63 ) [Reserved] ( 64 ) 5.64 Only classes A1A or F1B, A2C, A3C, F1C or F3C emissions are authorized for stations of the fixed service in the bands allocated to this service between 90 kHz and 160 kHz (148.5 kHz in Region 1) and for stations of the maritime mobile service in the bands allocated to this service between 110 kHz and 160 kHz (148.5 kHz in Region 1). Exceptionally, class J2B or J7B emissions are also authorized in the bands between 110 kHz and 160 kHz (148.5 kHz in Region 1) for stations of the maritime mobile service. ( 65 ) 5.65 Different category of service: in Bangladesh, the allocation of the bands 112-117.6 kHz and 126-129 kHz to the fixed and maritime mobile services is on a primary basis (see No. 5.33). ( 66 ) 5.66 Different category of service: in Germany, the allocation of the band 115-117.6 kHz to the fixed and maritime mobile services is on a primary basis (see No. 5.33) and to the radionavigation service on a secondary basis (see No. 5.32). ( 67 ) 5.67 Additional allocation: in Kyrgyzstan and Turkmenistan, the frequency band 130-148.5 kHz is also allocated to the radionavigation service on a secondary basis. Within and between these countries this service shall have an equal right to operate. ( i ) 5.67A Stations in the amateur service using frequencies in the band 135.7-137.8 kHz shall not exceed a maximum radiated power of 1 W (e.i.r.p.) and shall not cause harmful interference to stations of the radionavigation service operating in countries listed in paragraph (b)(67) of this section. ( ii ) 5.67B The use of the frequency band 135.7-137.8 kHz in Algeria, Egypt, Iraq, Lebanon, Syrian Arab Republic, Sudan, South Sudan and Tunisia is limited to the fixed and maritime mobile services. The amateur service shall not be used in the previously-mentioned countries in the frequency band 135.7-137.8 kHz, and this should be taken into account by the countries authorizing such use. ( 68 ) 5.68 Alternative allocation: in Congo (Rep. of the), the Dem. Rep. of the Congo and South Africa, the frequency band 160-200 kHz is allocated to the fixed service on a primary basis. ( 69 ) 5.69 Additional allocation: in Somalia, the band 200-255 kHz is also allocated to the aeronautical radionavigation service on a primary basis. ( 70 ) 5.70 Alternative allocation: in Angola, Botswana, Burundi, the Central African Rep., Congo (Rep. of the), Eswatini, Ethiopia, Kenya, Lesotho, Madagascar, Malawi, Mozambique, Namibia, Nigeria, Oman, the Dem. Rep. of the Congo, South Africa, Tanzania, Chad, Zambia and Zimbabwe, the frequency band 200-283.5 kHz is allocated to the aeronautical radionavigation service on a primary basis. ( 71 ) - ( 72 ) [Reserved] ( 73 ) 5.73 The band 285-325 kHz (283.5-325 kHz in Region 1) in the maritime radionavigation service may be used to transmit supplementary navigational information using narrow-band techniques, on condition that no harmful interference is caused to radiobeacon stations operating in the radionavigation service. ( 74 ) 5.74 Additional allocation: in Region 1, the frequency band 285.3-285.7 kHz is also allocated to the maritime radionavigation service (other than radiobeacons) on a primary basis. ( 75 ) 5.75 Different category of service: in Armenia, Azerbaijan, Belarus, the Russian Federation, Georgia, Moldova, Kyrgyzstan, Tajikistan, Turkmenistan, Ukraine and the Black Sea areas of Romania, the allocation of the band 315-325 kHz to the maritime radionavigation service is on a primary basis under the condition that in the Baltic Sea area, the assignment of frequencies in this band to new stations in the maritime or aeronautical radionavigation services shall be subject to prior consultation between the administrations concerned. ( 76 ) 5.76 The frequency 410 kHz is designated for radio direction-finding in the maritime radionavigation service. The other radionavigation services to which the band 405-415 kHz is allocated shall not cause harmful interference to radio direction-finding in the band 406.5-413.5 kHz. ( 77 ) 5.77 Different category of service: in Australia, China, the French overseas communities of Region 3, Korea (Rep. of), India, Iran (Islamic Republic of), Japan, Pakistan, Papua New Guinea, the Dem. People's Rep. of Korea and Sri Lanka, the allocation of the frequency band 415-495 kHz to the aeronautical radionavigation service is on a primary basis. In Armenia, Azerbaijan, Belarus, the Russian Federation, Kazakhstan, Latvia, Uzbekistan and Kyrgyzstan, the allocation of the frequency band 435-495 kHz to the aeronautical radionavigation service is on a primary basis. Administrations in all the aforementioned countries shall take all practical steps necessary to ensure that aeronautical radionavigation stations in the frequency band 435-495 kHz do not cause interference to reception by coast stations of transmissions from ship stations on frequencies designated for ship stations on a worldwide basis. ( 78 ) 5.78 Different category of service: in Cuba, the United States of America and Mexico, the allocation of the band 415-435 kHz to the aeronautical radionavigation service is on a primary basis. ( 79 ) 5.79 In the maritime mobile service, the frequency bands 415-495 kHz and 505-526.5 kHz are limited to radiotelegraphy and may also be used for the NAVDAT system in accordance with the most recent version of Recommendation ITU-R M.2010, subject to agreement between interested and affected administrations. NAVDAT transmitting stations are limited to coast stations. ( 80 ) 5.80 In Region 2, the use of the band 435-495 kHz by the aeronautical radionavigation service is limited to non-directional beacons not employing voice transmission. ( i ) 5.80A The maximum equivalent isotropically radiated power (e.i.r.p.) of stations in the amateur service using frequencies in the band 472-479 kHz shall not exceed 1 W. Administrations may increase this limit of e.i.r.p. to 5 W in portions of their territory which are at a distance of over 800 km from the borders of Algeria, Saudi Arabia, Azerbaijan, Bahrain, Belarus, China, Comoros, Djibouti, Egypt, United Arab Emirates, the Russian Federation, Iran (Islamic Republic of), Iraq, Jordan, Kazakhstan, Kuwait, Lebanon, Libya, Morocco, Mauritania, Oman, Uzbekistan, Qatar, Syrian Arab Republic, Kyrgyzstan, Somalia, Sudan, Tunisia, Ukraine and Yemen. In this frequency band, stations in the amateur service shall not cause harmful interference to, or claim protection from, stations of the aeronautical radionavigation service. ( ii ) 5.80B The use of the frequency band 472-479 kHz in Algeria, Saudi Arabia, Azerbaijan, Bahrain, Belarus, China, Comoros, Djibouti, Egypt, United Arab Emirates, the Russian Federation, Iraq, Jordan, Kazakhstan, Kuwait, Lebanon, Libya, Mauritania, Oman, Uzbekistan, Qatar, Syrian Arab Republic, Kyrgyzstan, Somalia, Sudan, Tunisia and Yemen is limited to the maritime mobile and aeronautical radionavigation services. The amateur service shall not be used in the above-mentioned countries in this frequency band, and this should be taken into account by the countries authorizing such use. ( 81 ) [Reserved] ( 82 ) 5.82 In the maritime mobile service, the frequency 490 kHz is to be used exclusively for the transmission by coast stations of navigational and meteorological warnings and urgent information to ships, by means of narrow-band direct-printing telegraphy. The conditions for use of the frequency 490 kHz are prescribed in Articles 31 and 52. In using the frequency band 415-495 kHz for the aeronautical radionavigation service, administrations are requested to ensure that no harmful interference is caused to the frequency 490 kHz. In using the frequency band 472-479 kHz for the amateur service, administrations shall ensure that no harmful interference is caused to the frequency 490 kHz. ( i ) 5.82C The frequency band 495-505 kHz is used for the international NAVDAT system as described in the most recent version of Recommendation ITU-R M.2010. NAVDAT transmitting stations are limited to coast stations. ( ii ) [Reserved] ( 83 ) [Reserved] ( 84 ) 5.84 The conditions for the use of the frequency 518 kHz by the maritime mobile service are prescribed in Articles 31 and 52. ( 85 ) [Reserved] ( 86 ) 5.86 In Region 2, in the band 525-535 kHz the carrier power of broadcasting stations shall not exceed 1 kW during the day and 250 W at night. ( 87 ) 5.87 Additional allocation: in Angola, Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia and Niger, the frequency band 526.5-535 kHz is also allocated to the mobile service on a secondary basis. ( 88 ) 5.88 Additional allocation: in China, the band 526.5-535 kHz is also allocated to the aeronautical radionavigation service on a secondary basis. ( 89 ) 5.89 In Region 2, the use of the band 1605-1705 kHz by stations of the broadcasting service is subject to the Plan established by the Regional Administrative Radio Conference (Rio de Janeiro, 1988). The examination of frequency assignments to stations of the fixed and mobile services in the band 1625-1705 kHz shall take account of the allotments appearing in the Plan established by the Regional Administrative Radio Conference (Rio de Janeiro, 1988). ( 90 ) 5.90 In the band 1605-1705 kHz, in cases where a broadcasting station of Region 2 is concerned, the service area of the maritime mobile stations in Region 1 shall be limited to that provided by ground-wave propagation. ( 91 ) 5.91 Additional allocation: in the Philippines and Sri Lanka, the band 1606.5-1705 kHz is also allocated to the broadcasting service on a secondary basis. ( 92 ) 5.92 Some countries of Region 1 use radiodetermination systems in the bands 1606.5-1625 kHz, 1635-1800 kHz, 1850-2160 kHz, 2194-2300 kHz, 2502-2850 kHz and 3500-3800 kHz, subject to agreement obtained under No. 9.21. The radiated mean power of these stations shall not exceed 50 W. ( 93 ) 5.93 Additional allocation: in Armenia, Azerbaijan, Belarus, the Russian Federation, Georgia, Hungary, Kazakhstan, Latvia, Lithuania, Mongolia, Nigeria, Uzbekistan, Poland, Kyrgyzstan, Slovakia, Tajikistan, Chad, Turkmenistan and Ukraine, the frequency bands 1625-1635 kHz, 1800-1810 kHz and 2160-2170 kHz are also allocated to the fixed and land mobile services on a primary basis, subject to agreement obtained under No. 9.21. ( 94 ) - ( 95 ) [Reserved] ( 96 ) 5.96 In Germany, Armenia, Austria, Azerbaijan, Belarus, Croatia, Denmark, Estonia, the Russian Federation, Finland, Georgia, Hungary, Ireland, Iceland, Israel, Kazakhstan, Latvia, Liechtenstein, Lithuania, Malta, Moldova, Norway, Uzbekistan, Poland, Kyrgyzstan, Slovakia, the Czech Rep., the United Kingdom, Sweden, Switzerland, Tajikistan, Turkmenistan and Ukraine, administrations may allocate up to 200 kHz to their amateur service in the frequency bands 1715-1800 kHz and 1850-2000 kHz. However, when allocating the frequency bands within this range to their amateur service, administrations shall, after prior consultation with administrations of neighbouring countries, take such steps as may be necessary to prevent harmful interference from their amateur service to the fixed and mobile services of other countries. The mean power of any amateur station shall not exceed 10 W. ( 97 ) 5.97 In Region 3, the Loran system operates either on 1850 kHz or 1950 kHz, the bands occupied being 1825-1875 kHz and 1925-1975 kHz respectively. Other services to which the band 1800-2000 kHz is allocated may use any frequency therein on condition that no harmful interference is caused to the Loran system operating on 1850 kHz or 1950 kHz. ( 98 ) 5.98 Alternative allocation: in Armenia, Azerbaijan, Belarus, Belgium, Cameroon, Congo (Rep. of the), Denmark, Egypt, Eritrea, Spain, Ethiopia, the Russian Federation, Georgia, Greece, Italy, Kazakhstan, Lebanon, Lithuania, the Syrian Arab Republic, Kyrgyzstan, Somalia, Tajikistan, Tunisia, Turkmenistan and Turkey, the frequency band 1810-1830 kHz is allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. ( 99 ) 5.99 Additional allocation: in Saudi Arabia, Austria, Iraq, Libya, Uzbekistan, Slovakia, Romania, Slovenia, Chad, and Togo, the band 1810-1830 kHz is also allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. ( 100 ) 5.100 In Region 1, the authorization to use the band 1810-1830 kHz by the amateur service in countries situated totally or partially north of 40° N shall be given only after consultation with the countries mentioned in paragraphs (b)(98) and (99) of this section to define the necessary steps to be taken to prevent harmful interference between amateur stations and stations of other services operating in accordance with paragraphs (b)(98) and (99) of this section. ( 101 ) [Reserved] ( 102 ) 5.102 Alternative allocation: in Bolivia, Chile, Paraguay and Peru, the frequency band 1850-2000 kHz is allocated to the fixed, mobile except aeronautical mobile, radiolocation and radionavigation services on a primary basis. ( 103 ) 5.103 In Region 1, in making assignments to stations in the fixed and mobile services in the bands 1850-2045 kHz, 2194-2498 kHz, 2502-2625 kHz and 2650-2850 kHz, administrations should bear in mind the special requirements of the maritime mobile service. ( 104 ) 5.104 In Region 1, the use of the band 2025-2045 kHz by the meteorological aids service is limited to oceanographic buoy stations. ( 105 ) 5.105 In Region 2, except in Greenland, coast stations and ship stations using radiotelephony in the band 2065-2107 kHz shall be limited to class J3E emissions and to a peak envelope power not exceeding 1 kW. Preferably, the following carrier frequencies should be used: 2065.0 kHz, 2079.0 kHz, 2082.5 kHz, 2086.0 kHz, 2093.0 kHz, 2096.5 kHz, 2100.0 kHz and 2103.5 kHz. In Argentina and Uruguay, the carrier frequencies 2068.5 kHz and 2075.5 kHz are also used for this purpose, while the frequencies within the band 2072-2075.5 kHz are used as provided in No. 52.165. ( 106 ) 5.106 In Regions 2 and 3, provided no harmful interference is caused to the maritime mobile service, the frequencies between 2065 kHz and 2107 kHz may be used by stations of the fixed service communicating only within national borders and whose mean power does not exceed 50 W. In notifying the frequencies, the attention of the Bureau should be drawn to these provisions. ( 107 ) 5.107 Additional allocation: in Saudi Arabia, Eritrea, Eswatini, Ethiopia, Iraq, Libya and Somalia, the frequency band 2160-2170 kHz is also allocated to the fixed and mobile, except aeronautical mobile (R), services on a primary basis. The mean power of stations in these services shall not exceed 50 W. ( 108 ) 5.108 The carrier frequency 2182 kHz is an international distress and calling frequency for radiotelephony. The conditions for the use of the band 2173.5-2190.5 kHz are prescribed in Articles 31 and 52. ( 109 ) 5.109 The frequencies 2187.5 kHz, 4207.5 kHz, 6312 kHz, 8414.5 kHz, 12 577 kHz and 16 804.5 kHz are international distress frequencies for digital selective calling. The conditions for the use of these frequencies are prescribed in Article 31. ( 110 ) 5.110 The frequencies 2174.5 kHz, 4177.5 kHz, 6268 kHz, 8376.5 kHz, 12 520 kHz and 16 695 kHz are international distress frequencies for narrow-band direct-printing telegraphy. The conditions for the use of these frequencies are prescribed in Article 31. ( 111 ) 5.111 The carrier frequencies 2182 kHz, 3023 kHz, 5680 kHz, 8364 kHz and the frequencies 121.5 MHz, 156.525 MHz, 156.8 MHz and 243 MHz may also be used, in accordance with the procedures in force for terrestrial radiocommunication services, for search and rescue operations concerning manned space vehicles. The conditions for the use of the frequencies are prescribed in Article 31. The same applies to the frequencies 10 003 kHz, 14 993 kHz and 19 993 kHz, but in each of these cases emissions must be confined in a band of ± 3 kHz about the frequency. ( 112 ) 5.112 Alternative allocation: in Sri Lanka, the frequency band 2194-2300 kHz is allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. ( 113 ) 5.113 For the conditions for the use of the bands 2300-2495 kHz (2498 kHz in Region 1), 3200-3400 kHz, 4750-4995 kHz and 5005-5060 kHz by the broadcasting service, see Nos. 5.16 to 5.20, 5.21 and 23.3 to 23.10. ( 114 ) 5.114 Alternative allocation: in Iraq, the frequency band 2502-2625 kHz is allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. ( 115 ) 5.115 The carrier (reference) frequencies 3023 kHz and 5680 kHz may also be used, in accordance with Article 31, by stations of the maritime mobile service engaged in coordinated search and rescue operations. ( 116 ) 5.116 Administrations are urged to authorize the use of the band 3155-3195 kHz to provide a common worldwide channel for low power wireless hearing aids. Additional channels for these devices may be assigned by administrations in the bands between 3155 kHz and 3400 kHz to suit local needs. It should be noted that frequencies in the range 3000 kHz to 4000 kHz are suitable for hearing aid devices which are designed to operate over short distances within the induction field. ( 117 ) 5.117 Alternative allocation: in Côte d'Ivoire, Egypt, Liberia, Sri Lanka and Togo, the frequency band 3155-3200 kHz is allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. ( 118 ) 5.118 Additional allocation: in the United States, Mexico and Peru, the frequency band 3230-3400 kHz is also allocated to the radiolocation service on a secondary basis. ( 119 ) 5.119 Additional allocation: in Peru, the frequency band 3500-3750 kHz is also allocated to the fixed and mobile services on a primary basis. ( 120 ) - ( 121 ) [Reserved] ( 122 ) 5.122 Alternative allocation: in Bolivia, Chile, Ecuador, Paraguay and Peru, the frequency band 3750-4000 kHz is allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. ( 123 ) 5.123 Additional allocation: in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, Zambia and Zimbabwe, the frequency band 3900-3950 kHz is also allocated to the broadcasting service on a primary basis, subject to agreement obtained under No. 9.21. ( 124 ) [Reserved] ( 125 ) 5.125 Additional allocation: in Greenland, the band 3950-4000 kHz is also allocated to the broadcasting service on a primary basis. The power of the broadcasting stations operating in this band shall not exceed that necessary for a national service and shall in no case exceed 5 kW. ( 126 ) 5.126 In Region 3, the stations of those services to which the band 3995-4005 kHz is allocated may transmit standard frequency and time signals. ( 127 ) 5.127 The use of the band 4000-4063 kHz by the maritime mobile service is limited to ship stations using radiotelephony (see No. 52.220 and Appendix 17). ( 128 ) 5.128 Frequencies in the frequency bands 4063-4123 kHz and 4130-4438 kHz may be used exceptionally by stations in the fixed service, communicating only within the boundary of the country in which they are located, with a mean power not exceeding 50 W, on condition that harmful interference is not caused to the maritime mobile service. In addition, in Afghanistan, Argentina, Armenia, Belarus, Botswana, Burkina Faso, the Central African Rep., China, the Russian Federation, Georgia, India, Kazakhstan, Mali, Niger, Pakistan, Kyrgyzstan, Tajikistan, Chad, Turkmenistan and Ukraine, in the frequency bands 4063-4123 kHz, 4130-4133 kHz and 4408-4438 kHz, stations in the fixed service, with a mean power not exceeding 1 kW, can be operated on condition that they are situated at least 600 km from the coast and that harmful interference is not caused to the maritime mobile service. ( 129 ) [Reserved] ( 130 ) 5.130 The conditions for the use of the carrier frequencies 4125 kHz and 6215 kHz are prescribed in Articles 31 and 52. ( 131 ) 5.131 The frequency 4209.5 kHz is used exclusively for the transmission by coast stations of meteorological and navigational warnings and urgent information to ships by means of narrow-band direct-printing techniques. ( 132 ) 5.132 The frequencies 4210 kHz, 6314 kHz, 8416.5 kHz, 12579 kHz, 16 806.5 kHz, 19 680.5 kHz, 22 376 kHz and 26 100.5 kHz are the international frequencies for the transmission of maritime safety information (MSI) (see Appendix 17). ( i ) 5.132A Stations in the radiolocation service shall not cause harmful interference to, or claim protection from, stations operating in the fixed or mobile services. Applications of the radiolocation service are limited to oceanographic radars operating in accordance with Resolution 612 (Rev.WRC-12). ( ii ) 5.132B Alternative allocation: in Armenia, Belarus, Moldova and Kyrgyzstan, the frequency band 4438-4488 kHz is allocated to the fixed and mobile, except aeronautical mobile (R), services on a primary basis. ( 133 ) 5.133 Different category of service: in Armenia, Azerbaijan, Belarus, the Russian Federation, Georgia, Kazakhstan, Latvia, Lithuania, Niger, Uzbekistan, Kyrgyzstan, Tajikistan, Turkmenistan and Ukraine, the allocation of the band 5130-5250 kHz to the mobile, except aeronautical mobile, service is on a primary basis (see No. 5.33). ( i ) 5.133A Alternative allocation: in Armenia, Belarus, Moldova and Kyrgyzstan, the frequency bands 5250-5275 kHz and 26 200-26 350 kHz are allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. ( ii ) 5.133B Stations in the amateur service using the frequency band 5351.5-5366.5 kHz shall not exceed a maximum radiated power of 15 W (e.i.r.p.). However, in Region 2 in Mexico, stations in the amateur service using the frequency band 5351.5-5366.5 kHz shall not exceed a maximum radiated power of 20 W (e.i.r.p.). In the following Region 2 countries: Antigua and Barbuda, Argentina, Bahamas, Barbados, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Dominica, El Salvador, Ecuador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Nicaragua, Panama, Paraguay, Peru, Saint Lucia, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Uruguay, Venezuela, as well as the overseas countries and territories within the Kingdom of the Netherlands in Region 2, stations in the amateur service using the frequency band 5351.5-5366.5 kHz shall not exceed a maximum radiated power of 25 W (e.i.r.p.). ( 134 ) 5.134 The use of the frequency bands 5900-5950 kHz, 7300-7350 kHz, 9400-9500 kHz, 11 600-11 650 kHz, 12 050-12 100 kHz, 13 570-13 600 kHz, 13 800-13 870 kHz, 15 600-15 800 kHz, 17 480-17 550 kHz and 18 900-19 020 kHz by the broadcasting service is subject to the application of the procedure of Article 12. Administrations are encouraged to use these frequency bands to facilitate the introduction of digitally modulated emissions in accordance with the provisions of Resolution 517 (Rev.WRC-19). ( 135 ) [Reserved] ( 136 ) 5.136 Additional allocation: frequencies in the band 5900-5950 kHz may be used by stations in the following services, communicating only within the boundary of the country in which they are located: fixed service (in all three Regions), land mobile service (in Region 1), mobile except aeronautical mobile (R) service (in Regions 2 and 3), on condition that harmful interference is not caused to the broadcasting service. When using frequencies for these services, administrations are urged to use the minimum power required and to take account of the seasonal use of frequencies by the broadcasting service published in accordance with the Radio Regulations. ( 137 ) 5.137 On condition that harmful interference is not caused to the maritime mobile service, the bands 6200-6213.5 kHz and 6220.5-6525 kHz may be used exceptionally by stations in the fixed service, communicating only within the boundary of the country in which they are located, with a mean power not exceeding 50 W. At the time of notification of these frequencies, the attention of the Bureau will be drawn to the above conditions. ( 138 ) 5.138 The bands 6765-6795 kHz (centre frequency 6780 kHz), 433.05-434.79 MHz (centre frequency 433.92 MHz) in Region 1 except in the countries mentioned in No. 5.280, 61-61.5 GHz (centre frequency 61.25 GHz), 122-123 GHz (centre frequency 122.5 GHz), and 244-246 GHz (centre frequency 245 GHz) are designated for industrial, scientific and medical (ISM) applications. The use of these frequency bands for ISM applications shall be subject to special authorization by the administration concerned, in agreement with other administrations whose radiocommunication services might be affected. In applying this provision, administrations shall have due regard to the latest relevant ITU-R Recommendations. ( 139 ) [Reserved] ( 140 ) 5.140 Additional allocation: in Angola, Iraq, Somalia and Togo, the frequency band 7000-7050 kHz is also allocated to the fixed service on a primary basis. ( 141 ) 5.141 Alternative allocation: in Egypt, Eritrea, Ethiopia, Guinea, Libya, Madagascar and Niger, the band 7000-7050 kHz is allocated to the fixed service on a primary basis. ( i ) 5.141A Additional allocation: in Uzbekistan and Kyrgyzstan, the bands 7000-7100 kHz and 7100-7200 kHz are also allocated to the fixed and land mobile services on a secondary basis. ( ii ) 5.141B Additional allocation: in Algeria, Saudi Arabia, Australia, Bahrain, Botswana, Brunei Darussalam, China, Comoros, Korea (Rep. of), Diego Garcia, Djibouti, Egypt, United Arab Emirates, Eritrea, Guinea, Indonesia, Iran (Islamic Republic of), Japan, Jordan, Kuwait, Libya, Mali, Morocco, Mauritania, Niger, New Zealand, Oman, Papua New Guinea, Qatar, the Syrian Arab Republic, the Dem. People's Rep. of Korea, Singapore, Sudan, South Sudan, Tunisia, Viet Nam and Yemen, the frequency band 7100-7200 kHz is also allocated to the fixed and the mobile, except aeronautical mobile (R), services on a primary basis. ( 142 ) 5.142 The use of the band 7200-7300 kHz in Region 2 by the amateur service shall not impose constraints on the broadcasting service intended for use within Region 1 and Region 3. ( 143 ) 5.143 Additional allocation: frequencies in the band 7300-7350 kHz may be used by stations in the fixed service and in the land mobile service, communicating only within the boundary of the country in which they are located, on condition that harmful interference is not caused to the broadcasting service. When using frequencies for these services, administrations are urged to use the minimum power required and to take account of the seasonal use of frequencies by the broadcasting service published in accordance with the Radio Regulations. ( i ) 5.143A In Region 3, frequencies in the band 7350-7450 kHz may be used by stations in the fixed service on a primary basis and land mobile service on a secondary basis, communicating only within the boundary of the country in which they are located, on condition that harmful interference is not caused to the broadcasting service. When using frequencies for these services, administrations are urged to use the minimum power required and to take account of the seasonal use of frequencies by the broadcasting service published in accordance with the Radio Regulations. ( ii ) 5.143B In Region 1, frequencies in the band 7350-7450 kHz may be used by stations in the fixed and land mobile services communicating only within the boundary of the country in which they are located on condition that harmful interference is not caused to the broadcasting service. The total radiated power of each station shall not exceed 24 dBW. ( iii ) 5.143C Additional allocation: in Algeria, Saudi Arabia, Bahrain, Comoros, Djibouti, Egypt, United Arab Emirates, Iran (Islamic Republic of), Jordan, Kuwait, Libya, Morocco, Mauritania, Niger, Oman, Qatar, the Syrian Arab Republic, Sudan, South Sudan, Tunisia and Yemen, the bands 7350-7400 kHz and 7400-7450 kHz are also allocated to the fixed service on a primary basis. ( iv ) 5.143D In Region 2, frequencies in the band 7350-7400 kHz may be used by stations in the fixed service and in the land mobile service, communicating only within the boundary of the country in which they are located, on condition that harmful interference is not caused to the broadcasting service. When using frequencies for these services, administrations are urged to use the minimum power required and to take account of the seasonal use of frequencies by the broadcasting service published in accordance with the Radio Regulations. ( 144 ) 5.144 In Region 3, the stations of those services to which the band 7995-8005 kHz is allocated may transmit standard frequency and time signals. ( 145 ) 5.145 The conditions for the use of the carrier frequencies 8291 kHz, 12 290 kHz and 16 420 kHz are prescribed in Articles 31 and 52. ( i ) 5.145A Stations in the radiolocation service shall not cause harmful interference to, or claim protection from, stations operating in the fixed service. Applications of the radiolocation service are limited to oceanographic radars operating in accordance with Resolution 612 (Rev.WRC-12). ( ii ) 5.145B Alternative allocation: in Armenia, Belarus, Moldova and Kyrgyzstan, the frequency bands 9305-9355 kHz and 16 100-16 200 kHz are allocated to the fixed service on a primary basis. ( 146 ) 5.146 Additional allocation: frequencies in the bands 9400-9500 kHz, 11 600-11 650 kHz, 12 050-12 100 kHz, 15 600-15 800 kHz, 17 480-17 550 kHz and 18 900-19 020 kHz may be used by stations in the fixed service, communicating only within the boundary of the country in which they are located, on condition that harmful interference is not caused to the broadcasting service. When using frequencies in the fixed service, administrations are urged to use the minimum power required and to take account of the seasonal use of frequencies by the broadcasting service published in accordance with the Radio Regulations. ( 147 ) 5.147 On condition that harmful interference is not caused to the broadcasting service, frequencies in the bands 9775-9900 kHz, 11 650-11 700 kHz and 11 975-12 050 kHz may be used by stations in the fixed service communicating only within the boundary of the country in which they are located, each station using a total radiated power not exceeding 24 dBW. ( 148 ) [Reserved] ( 149 ) 5.149 In making assignments to stations of other services to which the bands listed in table 1 to paragraph (b)(149) of this section are allocated, administrations are urged to take all practicable steps to protect the radio astronomy service from harmful interference. Emissions from spaceborne or airborne stations can be particularly serious sources of interference to the radio astronomy service (see Nos. 4.5 and 4.6 and Article 29). Table 1 to Paragraph (b) (149) Introductory Text 13 360-13 410 kHz 23.07-23.12 GHz. 25 550-25 670 kHz 31.2-31.3 GHz. 37.5-38.25 MHz 31.5-31.8 GHz in Regions 1 and 3. 73-74.6 MHz in Regions 1 and 3 36.43-36.5 GHz. 150.05-153 MHz in Region 1 42.5-43.5 GHz. 322-328.6 MHz 48.94-49.04 GHz. 406.1-410 MHz 76-86 GHz. 608-614 MHz in Regions 1 and 3 92-94 GHz. 1330-1400 MHz 94.1-100 GHz. 1610.6-1613.8 MHz 102-109.5 GHz. 1660-1670 MHz 111.8-114.25 GHz. 1718.8-1722.2 MHz 128.33-128.59 GHz. 2655-2690 MHz 129.23-129.49 GHz. 3260-3267 MHz 130-134 GHz. 3332-3339 MHz 136-148.5 GHz. 3345.8-3352.5 MHz 151.5-158.5 GHz. 4825-4835 MHz 168.59-168.93 GHz. 4950-4990 MHz 171.11-171.45 GHz. 4990-5000 MHz 172.31-172.65 GHz. 6650-6675.2 MHz 173.52-173.85 GHz. 10.6-10.68 GHz 195.75-196.15 GHz. 14.47-14.5 GHz 209-226 GHz. 22.01-22.21 GHz 241-250 GHz. 22.21-22.5 GHz 252-275 GHz. 22.81-22.86 GHz ( i ) 5.149A Alternative allocation: in Armenia, Belarus, Moldova and Kyrgyzstan, the frequency band 13 450-13 550 kHz is allocated to the fixed service on a primary basis and to the mobile, except aeronautical mobile (R), service on a secondary basis. ( ii ) [Reserved] ( 150 ) 5.150 The following bands: 13 553-13 567 kHz (centre frequency 13 560 kHz), 26 957-27 283 kHz (centre frequency 27 120 kHz), 40.66-40.70 MHz (centre frequency 40.68 MHz), 902-928 MHz in Region 2 (centre frequency 915 MHz), 2400-2500 MHz (centre frequency 2450 MHz), 5725-5875 MHz (centre frequency 5800 MHz), and 24-24.25 GHz (centre frequency 24.125 GHz) are also designated for industrial, scientific and medical (ISM) applications. Radiocommunication services operating within these bands must accept harmful interference which may be caused by these applications. ISM equipment operating in these bands is subject to the provisions of No. 15.13. ( 151 ) 5.151 Additional allocation: frequencies in the bands 13 570-13 600 kHz and 13 800-13 870 kHz may be used by stations in the fixed service and in the mobile except aeronautical mobile (R) service, communicating only within the boundary of the country in which they are located, on the condition that harmful interference is not caused to the broadcasting service. When using frequencies in these services, administrations are urged to use the minimum power required and to take account of the seasonal use of frequencies by the broadcasting service published in accordance with the Radio Regulations. ( 152 ) 5.152 Additional allocation: in Armenia, Azerbaijan, China, Côte d'Ivoire, the Russian Federation, Georgia, Iran (Islamic Republic of), Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, Turkmenistan and Ukraine, the band 14 250-14 350 kHz is also allocated to the fixed service on a primary basis. Stations of the fixed service shall not use a radiated power exceeding 24 dBW. ( 153 ) 5.153 In Region 3, the stations of those services to which the band 15 995-16 005 kHz is allocated may transmit standard frequency and time signals. ( 154 ) 5.154 Additional allocation: in Armenia, Azerbaijan, the Russian Federation, Georgia, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Ukraine, the band 18 068-18 168 kHz is also allocated to the fixed service on a primary basis for use within their boundaries, with a peak envelope power not exceeding 1 kW. ( 155 ) 5.155 Additional allocation: in Armenia, Azerbaijan, Belarus, the Russian Federation, Georgia, Kazakhstan, Moldova, Mongolia, Uzbekistan, Kyrgyzstan, Slovakia, Tajikistan, Turkmenistan and Ikraine, the band 21 850-21 870 kHz is also allocated to the aeronautical mobile (R) service on a primary basis. ( i ) 5.155A In Armenia, Azerbaijan, Belarus, the Russian Federation, Georgia, Kazakhstan, Moldova, Mongolia, Uzbekistan, Kyrgyzstan, Slovakia, Tajikistan, Turkmenistan and Ukraine, the use of the band 21 850-21 870 kHz by the fixed service is limited to provision of services related to aircraft flight safety. ( ii ) 5.155B The band 21 870-21 924 kHz is used by the fixed service for provision of services related to aircraft flight safety. ( 156 ) 5.156 Additional allocation: in Nigeria, the band 22 720-23 200 kHz is also allocated to the meteorological aids service (radiosondes) on a primary basis. ( i ) 5.156A The use of the band 23 200-23 350 kHz by the fixed service is limited to provision of services related to aircraft flight safety. ( ii ) [Reserved] ( 157 ) 5.157 The use of the band 23 350-24 000 kHz by the maritime mobile service is limited to inter-ship radiotelegraphy. ( 158 ) 5.158 Alternative allocation: in Armenia, Belarus, Moldova and Kyrgyzstan, the frequency band 24 450-24 600 kHz is allocated to the fixed and land mobile services on a primary basis. ( 159 ) 5.159 Alternative allocation: in Armenia, Belarus, Moldova and Kyrgyzstan, the frequency band 39-39.5 MHz is allocated to the fixed and mobile services on a primary basis. ( 160 ) 5.160 Additional allocation: in Botswana, Burundi, Dem. Rep. of the Congo and Rwanda, the band 41-44 MHz is also allocated to the aeronautical radionavigation service on a primary basis. ( 161 ) 5.161 Additional allocation: in Iran (Islamic Republic of) and Japan, the band 41-44 MHz is also allocated to the radiolocation service on a secondary basis. ( i ) 5.161A Additional allocation: in Korea (Rep. of), the United States and Mexico, the frequency bands 41.015-41.665 MHz and 43.35-44 MHz are also allocated to the radiolocation service on a primary basis. Stations in the radiolocation service shall not cause harmful interference to, or claim protection from, stations operating in the fixed or mobile services. Applications of the radiolocation service are limited to oceanographic radars operating in accordance with Resolution 612 (Rev.WRC-12). ( ii ) 5.161B Alternative allocation: in Albania, Germany, Armenia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Cyprus, Vatican, Croatia, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, North Macedonia, Malta, Moldova, Monaco, Montenegro, Norway, Uzbekistan, Netherlands, Portugal, Kyrgyzstan, Slovakia, Czech Rep., Romania, United Kingdom, San Marino, Slovenia, Sweden, Switzerland, Turkey and Ukraine, the frequency band 42-42.5 MHz is allocated to the fixed and mobile services on a primary basis. ( 162 ) 5.162 Additional allocation: in Australia, the band 44-47 MHz is also allocated to the broadcasting service on a primary basis. ( i ) 5.162A Additional allocation: in Germany, Austria, Belgium, Bosnia and Herzegovina, China, Vatican, Denmark, Spain, Estonia, the Russian Federation, Finland, France, Ireland, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, North Macedonia, Monaco, Montenegro, Norway, the Netherlands, Poland, Portugal, the Czech Rep., the United Kingdom, Serbia, Slovenia, Sweden and Switzerland the frequency band 46-68 MHz is also allocated to the radiolocation service on a secondary basis. This use is limited to the operation of wind profiler radars in accordance with Resolution 217 (WRC-97). ( ii ) [Reserved] ( 163 ) 5.163 Additional allocation: in Armenia, Belarus, the Russian Federation, Georgia, Kazakhstan, Latvia, Moldova, Uzbekistan, Kyrgyzstan, Tajikistan, Turkmenistan and Ukraine, the frequency bands 47-48.5 MHz and 56.5-58 MHz are also allocated to the fixed and land mobile services on a secondary basis. ( 164 ) 5.164 Additional allocation: in Albania, 'lgeria, Germany, Austria, Belgium, Bosnia and Herzegovina, Botswana, Bulgaria, Côte d'Ivoire, Croatia, Denmark, Spain, Estonia, Eswatini, Finland, France, Gabon, Greece, Hungary, Ireland, Israel, Italy, Jordan, Lebanon, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Mali, Malta, Morocco, Mauritania, Monaco, Montenegro, Nigeria, Norway, the Netherlands, Poland, Syrian Arab Republic, Slovakia, Czech Rep., Romania, the United Kingdom, Serbia, Slovenia, Sweden, Switzerland, Chad, Togo, Tunisia and Turkey, the frequency band 47-68 MHz, in South Africa the frequency band 47-50 MHz, and in Latvia the frequency bands 48.5-56.5 MHz and 58-68 MHz, are also allocated to the land mobile service on a primary basis. However, stations of the land mobile service in the countries mentioned in connection with each frequency band referred to in this footnote shall not cause harmful interference to, or claim protection from, existing or planned broadcasting stations of countries other than those mentioned in connection with the frequency band. ( 165 ) 5.165 Additional allocation: in Angola, Cameroon, Congo (Rep. of the), Egypt, Madagascar, Mozambique, Niger, Somalia, Sudan, South Sudan, Tanzania and Chad, the frequency band 47-68 MHz is also allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. ( 166 ) (i) 5.166A Different category of service: in Austria, Cyprus, the Vatican, Croatia, Denmark, Spain, Finland, Hungary, Latvia, the Netherlands, the Czech Republic, the United Kingdom, Slovakia and Slovenia, the frequency band 50.0-50.5 MHz is allocated to the amateur service on a primary basis. Stations in the amateur service in these countries shall not cause harmful interference to, or claim protection from, stations of the broadcasting, fixed and mobile services operating in accordance with the Radio Regulations in the frequency band 50.0-50.5 MHz in the countries not listed in this provision. For a station of these services, the protection criteria in paragraph (b)(169)(ii) of this section shall also apply. In Region 1, with the exception of those countries listed in paragraph (b)(169) of this section, wind profiler radars operating in the radiolocation service under paragraph (b)(162)(i) of this section are authorized to operate on the basis of equality with stations in the amateur service in the frequency band 50.0-50.5 MHz. ( ii ) 5.166B In Region 1, stations in the amateur service operating on a secondary basis shall not cause harmful interference to, or claim protection from, stations of the broadcasting service. The field strength generated by an amateur station in Region 1 in the frequency band 50-52 MHz shall not exceed a calculated value of +6 dB(µV/m) at a height of 10 m above ground for more than 10% of time along the border of a country with operational analogue broadcasting stations in Region 1 and of neighbouring countries with broadcasting stations in Region 3 listed in paragraphs (b)(167) and (b)(168) of this section. ( iii ) 5.166C In Region 1, stations in the amateur service in the frequency band 50-52 MHz, with the exception of those countries listed in paragraph (b)(169) of this section, shall not cause harmful interference to, or claim protection from, wind profiler radars operating in the radiolocation service under paragraph (b)(162)(i) of this section. ( iv ) 5.166D Different category of service: in Lebanon, the frequency band 50-52 MHz is allocated to the amateur service on a primary basis. Stations in the amateur service in Lebanon shall not cause harmful interference to, or claim protection from, stations of the broadcasting, fixed and mobile services operating in accordance with the Radio Regulations in the frequency band 50-52 MHz in the countries not listed in this provision. ( v ) 5.166E In the Russian Federation, only the frequency band 50.080-50.280 MHz is allocated to the amateur service on a secondary basis. The protection criteria for the other services in the countries not listed in this provision are specified in paragraphs (b)(166)(ii) and (b)(169)(ii) of this section. ( 167 ) 5.167 Alternative allocation: in Bangladesh, Brunei Darussalam, India, Iran (Islamic Republic of), Pakistan and Singapore, the frequency band 50-54 MHz is allocated to the fixed, mobile and broadcasting services on a primary basis. ( i ) 5.167A Additional allocation: in Indonesia and Thailand, the frequency band 50-54 MHz is also allocated to the fixed, mobile and broadcasting services on a primary basis. ( ii ) [Reserved] ( 168 ) 5.168 Additional allocation: in Australia, China and the Dem. People's Rep. of Korea, the band 50-54 MHz is also allocated to the broadcasting service on a primary basis. ( 169 ) 5.169 Alternative allocation: in Botswana, Eswatini, Lesotho, Malawi, Namibia, Rwanda, South Africa, Zambia and Zimbabwe, the frequency band 50-54 MHz is allocated to the amateur service on a primary basis. In Senegal, the frequency band 50-51 MHz is allocated to the amateur service on a primary basis. ( i ) 5.169A Alternative allocation: in the following countries in Region 1: Angola, Saudi Arabia, Bahrain, Burkina Faso, Burundi, the United Arab Emirates, Gambia, Jordan, Kenya, Kuwait, Mauritius, Mozambique, Oman, Uganda, Qatar, South Sudan and Tanzania, the frequency band 50-54 MHz is allocated to the amateur service on a primary basis. In Guinea-Bissau, the frequency band 50.0-50.5 MHz is allocated to the amateur service on a primary basis. In Djibouti, the frequency band 50-52 MHz is allocated to the amateur service on a primary basis. With the exception of those countries listed in this paragraph (b)(169) , stations in the amateur service operating in Region 1 under this footnote, in all or part of the frequency band 50-54 MHz, shall not cause harmful interference to, or claim protection from, stations of other services operating in accordance with the Radio Regulations in Algeria, Egypt, Iran (Islamic Republic of), Iraq, Israel, Libya, Palestine, the Syrian Arab Republic, the Dem. People's Republic of Korea, Sudan and Tunisia. The field strength generated by an amateur station in the frequency band 50-54 MHz shall not exceed a value of +6 dB(µV/m) at a height of 10 m above ground for more than 10% of time along the borders of listed countries requiring protection. Note 1 to § 2.106(b)(169)(i) : Pursuant to Resolution 99 (Rev. Dubai, 2018) and taking into account the Israeli-Palestinian Interim Agreement of 28 September 1995. ( ii ) 5.169B Except countries listed under this paragraph (b)(169) , stations in the amateur service used in Region 1, in all or part of the 50-54 MHz frequency band, shall not cause harmful interference to, or claim protection from, stations of other services used in accordance with the Radio Regulations in Algeria, Armenia, Azerbaijan, Belarus, Egypt, Russian Federation, Iran (Islamic Republic of), Iraq, Kazakhstan, Kyrgyzstan, Libya, Uzbekistan, Palestine, the Syrian Arab Republic, Sudan, Tunisia and Ukraine. The field strength generated by an amateur station in the frequency band 50-54 MHz shall not exceed a value of +6 dB(µV/m) at a height of 10 m above ground for more than 10% of time along the borders of the countries listed in this provision. Note 2 to § 2.106(b)(169)(ii) : Pursuant to Resolution 99 (Rev. Dubai, 2018) and taking into account the Israeli-Palestinian Interim Agreement of 28 September 1995. ( 170 ) 5.170 Additional allocation: in New Zealand, the frequency band 51-54 MHz is also allocated to the fixed and mobile services on a primary basis. ( 171 ) 5.171 Additional allocation: in Botswana, Eswatini, Lesotho, Malawi, Mali, Namibia, Dem. Rep. of the Congo, Rwanda, South Africa, Zambia and Zimbabwe, the frequency band 54-68 MHz is also allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. ( 172 ) 5.172 Different category of service: in the French overseas departments and communities in Region 2 and Guyana, the allocation of the frequency band 54-68 MHz to the fixed and mobile services is on a primary basis (see No. 5.33). ( 173 ) 5.173 Different category of service: in the French overseas departments and communities in Region 2 and Guyana, the allocation of the frequency band 68-72 MHz to the fixed and mobile services is on a primary basis (see IRU RR No. 5.33). ( 174 ) [Reserved] ( 175 ) 5.175 Alternative allocation: in Armenia, Azerbaijan, Belarus, the Russian Federation, Georgia, Kazakhstan, Moldova, Uzbekistan, Kyrgyzstan, Tajikistan, Turkmenistan and Ukraine, the bands 68-73 MHz and 76-87.5 MHz are allocated to the broadcasting service on a primary basis. In Latvia and Lithuania, the bands 68-73 MHz and 76-87.5 MHz are allocated to the broadcasting and mobile, except aeronautical mobile, services on a primary basis. The services to which these bands are allocated in other countries and the broadcasting service in the countries listed above are subject to agreements with the neighbouring countries concerned. ( 176 ) 5.176 Additional allocation: in Australia, China, Korea (Rep. of), the Philippines, the Dem. People's Rep. of Korea and Samoa, the band 68-74 MHz is also allocated to the broadcasting service on a primary basis. ( 177 ) 5.177 Additional allocation: in Armenia, Azerbaijan, Belarus, the Russian Federation, Georgia, Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, Turkmenistan and Ukraine, the band 73-74 MHz is also allocated to the broadcasting service on a primary basis, subject to agreement obtained under No. 9.21. ( 178 ) 5.178 Additional allocation: in Colombia, Cuba, El Salvador, Guatemala, Guyana, Honduras and Nicaragua, the band 73-74.6 MHz is also allocated to the fixed and mobile services on a secondary basis. ( 179 ) 5.179 Additional allocation: in Armenia, Azerbaijan, Belarus, China, the Russian Federation, Georgia, Kazakhstan, Lithuania, Mongolia, Kyrgyzstan, Tajikistan, Turkmenistan and Ukraine, the bands 74.6-74.8 MHz and 75.2-75.4 MHz are also allocated to the aeronautical radionavigation service, on a primary basis, for ground-based transmitters only. ( 180 ) 5.180 The frequency 75 MHz is assigned to marker beacons. Administrations shall refrain from assigning frequencies close to the limits of the guardband to stations of other services which, because of their power or geographical position, might cause harmful interference or otherwise place a constraint on marker beacons. Every effort should be made to improve further the characteristics of airborne receivers and to limit the power of transmitting stations close to the limits 74.8 MHz and 75.2 MHz. ( 181 ) 5.181 Additional allocation: in Egypt, Israel and the Syrian Arab Republic, the band 74.8-75.2 MHz is also allocated to the mobile service on a secondary basis, subject to agreement obtained under No. 9.21. In order to ensure that harmful interference is not caused to stations of the aeronautical radionavigation service, stations of the mobile service shall not be introduced in the band until it is no longer required for the aeronautical radionavigation service by any administration which may be identified in the application of the procedure invoked under No. 9.21. ( 182 ) 5.182 Additional allocation: in Western Samoa, the band 75.4-87 MHz is also allocated to the broadcasting service on a primary basis. ( 183 ) 5.183 Additional allocation: in China, Korea (Rep. of), Japan, the Philippines and the Dem. People's Rep. of Korea, the band 76-87 MHz is also allocated to the broadcasting service on a primary basis. ( 184 ) [Reserved] ( 185 ) 5.185 Different category of service: in the United States, the French overseas departments and communities in Region 2, Guyana and Paraguay, the allocation of the frequency band 76-88 MHz to the fixed and mobile services is on a primary basis (see No. 5.33). ( 186 ) [Reserved] ( 187 ) 5.187 Alternative allocation: in Albania, the band 81-87.5 MHz is allocated to the broadcasting service on a primary basis and used in accordance with the decisions contained in the Final Acts of the Special Regional Conference (Geneva, 1960). ( 188 ) 5.188 Additional allocation: in Australia, the band 85-87 MHz is also allocated to the broadcasting service on a primary basis. The introduction of the broadcasting service in Australia is subject to special agreements between the administrations concerned. ( 189 ) [Reserved] ( 190 ) 5.190 Additional allocation: in Monaco, the band 87.5-88 MHz is also allocated to the land mobile service on a primary basis, subject to agreement obtained under No. 9.21. ( 191 ) [Reserved] ( 192 ) 5.192 Additional allocation: in China and Korea (Rep. of), the band 100-108 MHz is also allocated to the fixed and mobile services on a primary basis. ( 193 ) [Reserved] ( 194 ) 5.194 Additional allocation: in Kyrgyzstan, Somalia and Turkmenistan, the frequency band 104-108 MHz is also allocated to the mobile, except aeronautical mobile (R), service on a secondary basis. ( 195 ) - ( 196 ) [Reserved] ( 197 ) 5.197 Additional allocation: in the Syrian Arab Republic, the band 108-111.975 MHz is also allocated to the mobile service on a secondary basis, subject to agreement obtained under No. 9.21. In order to ensure that harmful interference is not caused to stations of the aeronautical radionavigation service, stations of the mobile service shall not be introduced in the band until it is no longer required for the aeronautical radionavigation service by any administration which may be identified in the application of the procedures invoked under No. 9.21. ( i ) 5.197A Additional allocation: the band 108-117.975 MHz is also allocated on a primary basis to the aeronautical mobile (R) service, limited to systems operating in accordance with recognized international aeronautical standards. Such use shall be in accordance with Resolution 413 (Rev.WRC-12). The use of the band 108-112 MHz by the aeronautical mobile (R) service shall be limited to systems composed of ground-based transmitters and associated receivers that provide navigational information in support of air navigation functions in accordance with recognized international aeronautical standards. ( ii ) [Reserved] ( 198 ) - ( 199 ) [Reserved] ( 200 ) 5.200 In the band 117.975-137 MHz, the frequency 121.5 MHz is the aeronautical emergency frequency and, where required, the frequency 123.1 MHz is the aeronautical frequency auxiliary to 121.5 MHz. Mobile stations of the maritime mobile service may communicate on these frequencies under the conditions laid down in Article 31 for distress and safety purposes with stations of the aeronautical mobile service. ( 201 ) 5.201 Additional allocation: in Armenia, Azerbaijan, Belarus, Bulgaria, Estonia, the Russian Federation, Georgia, Hungary, Iran (Islamic Republic of), Iraq (Republic of), Japan, Kazakhstan, Mali, Mongolia, Mozambique, Uzbekistan, Papua New Guinea, Poland, Kyrgyzstan, Romania, Senegal, Tajikistan, Turkmenistan and Ukraine, the frequency band 132-136 MHz is also allocated to the aeronautical mobile (OR) service on a primary basis. In assigning frequencies to stations of the aeronautical mobile (OR) service, the administration shall take account of the frequencies assigned to stations in the aeronautical mobile (R) service. ( 202 ) 5.202 Additional allocation: in Saudi Arabia, Armenia, Azerbaijan, Bahrain, Belarus, Bulgaria, the United Arab Emirates, the Russian Federation, Georgia, Iran (Islamic Republic of), Jordan, Mali, Oman, Uzbekistan, Poland, the Syrian Arab Republic, Kyrgyzstan, Romania, Senegal, Tajikistan, Turkmenistan and Ukraine, the frequency band 136-137 MHz is also allocated to the aeronautical mobile (OR) service on a primary basis. In assigning frequencies to stations of the aeronautical mobile (OR) service, the administration shall take account of the frequencies assigned to stations in the aeronautical mobile (R) service. ( 203 ) 5.203C The use of the space operation service (space-to-Earth) with non-geostationary satellite short-duration mission systems in the frequency band 137-138 MHz is subject to Resolution 660 (WRC-19). Resolution 32 (WRC-19) applies. These systems shall not cause harmful interference to, or claim protection from, the existing services to which the frequency band is allocated on a primary basis. ( 204 ) 5.204 Different category of service: in Afghanistan, Saudi Arabia, Bahrain, Bangladesh, Brunei Darussalam, China, Cuba, the United Arab Emirates, India, Indonesia, Iran (Islamic Republic of), Iraq, Kuwait, Montenegro, Oman, Pakistan, the Philippines, Qatar, Singapore, Thailand and Yemen, the frequency band 137-138 MHz is allocated to the fixed and mobile, except aeronautical mobile (R), services on a primary basis (see No. 5.33). ( 205 ) 5.205 Different category of service: in Israel and Jordan, the allocation of the band 137-138 MHz to the fixed and mobile, except aeronautical mobile, services is on a primary basis (see ITU No. 5.33). ( 206 ) 5.206 Different category of service: in Armenia, Azerbaijan, Belarus, Bulgaria, Egypt, the Russian Federation, Finland, France, Georgia, Greece, Kazakhstan, Lebanon, Moldova, Mongolia, Uzbekistan, Poland, Kyrgyzstan, the Syrian Arab Republic, Slovakia, the Czech Rep., Romania, Tajikistan, Turkmenistan and Ukraine, the allocation of the band 137-138 MHz to the aeronautical mobile (OR) service is on a primary basis (see No. 5.33). ( 207 ) 5.207 Additional allocation: in Australia, the band 137-144 MHz is also allocated to the broadcasting service on a primary basis until that service can be accommodated within regional broadcasting allocations. ( 208 ) 5.208 The use of the band 137-138 MHz by the mobile-satellite service is subject to coordination under No. 9.11A. ( i ) 5.208A In making assignments to space stations in the mobile-satellite service in the frequency bands 137-138 MHz, 387-390 MHz and 400.15-401 MHz and in the maritime mobile-satellite service (space-to-Earth) in the frequency bands 157.1875-157.3375 MHz and 161.7875-161.9375 MHz, administrations shall take all practicable steps to protect the radio astronomy service in the frequency bands 150.05-153 MHz, 322-328.6 MHz, 406.1-410 MHz and 608-614 MHz from harmful interference from unwanted emissions as shown in the most recent version of Recommendation ITU-R RA.769. ( ii ) 5.208B In the frequency bands 137-138 MHz, 157.1875-157.3375 MHz, 161.7875-161.9375 MHz, 387-390 MHz, 400.15-401 MHz, 1452-1492 MHz, 1525-1610 MHz, 1613.8-1626.5 MHz, 2655-2690 MHz, 21.4-22 GHz, Resolution 739 (Rev.WRC-19) applies. ( 209 ) 5.209 The use of the bands 137-138 MHz, 148-150.05 MHz, 399.9-400.05 MHz, 400.15-401 MHz, 454-456 MHz and 459-460 MHz by the mobile-satellite service is limited to non-geostationary-satellite systems. ( i ) 5.209A The use of the frequency band 137.175-137.825 MHz by non-geostationary-satellite systems in the space operation service identified as short-duration mission in accordance with Appendix 4 is not subject to No. 9.11A. ( ii ) [Reserved] ( 210 ) 5.210 Additional allocation: in Italy, the Czech Rep. and the United Kingdom, the bands 138-143.6 MHz and 143.65-144 MHz are also allocated to the space research service (space-to-Earth) on a secondary basis. ( 211 ) 5.211 Additional allocation: in Germany, Saudi Arabia, Austria, Bahrain, Belgium, Denmark, the United Arab Emirates, Spain, Finland, Greece, Guinea, Ireland, Israel, Kenya, Kuwait, Lebanon, Liechtenstein, Luxembourg, North Macedonia, Mali, Malta, Montenegro, Norway, the Netherlands, Qatar, Slovakia, the United Kingdom, Serbia, Slovenia, Somalia, Sweden, Switzerland, Tanzania, Tunisia and Turkey, the frequency band 138-144 MHz is also allocated to the maritime mobile and land mobile services on a primary basis. ( 212 ) 5.212 Alternative allocation: in Angola, Botswana, Cameroon, the Central African Rep., Congo (Rep. of the), Eswatini, Gabon, Gambia, Ghana, Guinea, Iraq, Jordan, Lesotho, Liberia, Libya, Malawi, Mozambique, Namibia, Niger, Oman, Uganda, Syrian Arab Republic, the Dem. Rep. of the Congo, Rwanda, Sierra Leone, South Africa, Chad, Togo, Zambia and Zimbabwe, the frequency band 138-144 MHz is allocated to the fixed and mobile services on a primary basis. ( 213 ) 5.213 Additional allocation: in China, the band 138-144 MHz is also allocated to the radiolocation service on a primary basis. ( 214 ) 5.214 Additional allocation: in Eritrea, Ethiopia, Kenya, North Macedonia, Montenegro, Serbia, Somalia, Sudan, South Sudan and Tanzania, the frequency band 138-144 MHz is also allocated to the fixed service on a primary basis. ( 215 ) [Reserved] ( 216 ) 5.216 Additional allocation: in China, the band 144-146 MHz is also allocated to the aeronautical mobile (OR) service on a secondary basis. ( 217 ) 5.217 Alternative allocation: in Afghanistan, Bangladesh, Cuba, Guyana and India, the band 146-148 MHz is allocated to the fixed and mobile services on a primary basis. ( 218 ) 5.218 Additional allocation: the band 148-149.9 MHz is also allocated to the space operation service (Earth-to-space) on a primary basis, subject to agreement obtained under No. 9.21. The bandwidth of any individual transmission shall not exceed ± 25 kHz. ( i ) 5.218A The frequency band 148-149.9 MHz in the space operation service (Earth-to-space) may be used by non-geostationary-satellite systems with short-duration missions. Non-geostationary-satellite systems in the space operation service used for a short-duration mission in accordance with Resolution 32 (WRC-19) of the Radio Regulations are not subject to agreement under No. 9.21. At the stage of coordination, the provisions of Nos. 9.17 and 9.18 also apply. In the frequency band 148-149.9 MHz, non-geostationary-satellite systems with short-duration missions shall not cause unacceptable interference to, or claim protection from, existing primary services within this frequency band, or impose additional constraints on the space operation and mobile-satellite services. In addition, earth stations in non-geostationary-satellite systems in the space operation service with short-duration missions in the frequency band 148-149.9 MHz shall ensure that the power flux-density does not exceed −149 dB(W/(m 2 · 4 kHz)) for more than 1% of time at the border of the territory of the following countries: Armenia, Azerbaijan, Belarus, China, Korea (Rep. of), Cuba, Russian Federation, India, Iran (Islamic Republic of), Japan, Kazakhstan, Malaysia, Uzbekistan, Kyrgyzstan, Thailand and Viet Nam. In case this power flux-density limit is exceeded, agreement under No. 9.21 is required to be obtained from countries mentioned in this footnote. ( ii ) [Reserved] ( 219 ) 5.219 The use of the frequency band 148-149.9 MHz by the mobile-satellite service is subject to coordination under No. 9.11A. The mobile-satellite service shall not constrain the development and use of the fixed, mobile and space operation services in the frequency band 148-149.9 MHz. The use of the frequency band 148-149.9 MHz by non-geostationary-satellite systems in the space operation service identified as short-duration mission is not subject to No. 9.11A. ( 220 ) 5.220 The use of the frequency bands 149.9-150.05 MHz and 399.9-400.05 MHz by the mobile-satellite service is subject to coordination under No. 9.11A. ( 221 ) 5.221 Stations of the mobile-satellite service in the frequency band 148-149.9 MHz shall not cause harmful interference to, or claim protection from, stations of the fixed or mobile services operating in accordance with the Table of Frequency Allocations in the following countries: Albania, Algeria, Germany, Saudi Arabia, Australia, Austria, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Benin, Bosnia and Herzegovina, Botswana, Brunei Darussalam, Bulgaria, Cameroon, China, Cyprus, Congo (Rep. of the), Korea (Rep. of), Côte d'Ivoire, Croatia, Cuba, Denmark, Djibouti, Egypt, the United Arab Emirates, Eritrea, Spain, Estonia, Eswatini, Ethiopia, the Russian Federation, Finland, France, Gabon, Georgia, Ghana, Greece, Guinea, Guinea Bissau, Hungary, India, Iran (Islamic Republic of), Ireland, Iceland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Lesotho, Latvia, Lebanon, Libya, Liechtenstein, Lithuania, Luxembourg, North Macedonia, Malaysia, Mali, Malta, Mauritania, Moldova, Mongolia, Montenegro, Mozambique, Namibia, Norway, New Zealand, Oman, Uganda, Uzbekistan, Pakistan, Panama, Papua New Guinea, Paraguay, the Netherlands, the Philippines, Poland, Portugal, Qatar, the Syrian Arab Republic, Kyrgyzstan, Dem. People's Rep. of Korea, Slovakia, Romania, the United Kingdom, Senegal, Serbia, Sierra Leone, Singapore, Slovenia, Sudan, Sri Lanka, South Africa, Sweden, Switzerland, Tanzania, Chad, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Ukraine, Viet Nam, Yemen, Zambia and Zimbabwe. ( 222 ) - ( 224 ) [Reserved] ( 225 ) 5.225 Additional allocation: in Australia and India, the band 150.05-153 MHz is also allocated to the radio astronomy service on a primary basis. ( i ) 5.225A Additional allocation: in Algeria, Armenia, Azerbaijan, Belarus, China, the Russian Federation, France, Iran (Islamic Republic of), Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, Turkmenistan, Ukraine and Viet Nam, the frequency band 154-156 MHz is also allocated to the radiolocation service on a primary basis. The usage of the frequency band 154-156 MHz by the radiolocation service shall be limited to space-object detection systems operating from terrestrial locations. The operation of stations in the radiolocation service in the frequency band 154-156 MHz shall be subject to agreement obtained under No. 9.21. For the identification of potentially affected administrations in Region 1, the instantaneous field-strength value of 12 dB(µV/m) for 10% of the time produced at 10 m above ground level in the 25 kHz reference frequency band at the border of the territory of any other administration shall be used. For the identification of potentially affected administrations in Region 3, the interference-to-noise ratio ( I / N ) value of −6 dB ( N =−161 dBW/4 kHz), or −10 dB for applications with greater protection requirements, such as public protection and disaster relief (PPDR ( N =−161 dBW/4 kHz)), for 1% of the time produced at 60 m above ground level at the border of the territory of any other administration shall be used. In the frequency bands 156.7625-156.8375 MHz, 156.5125-156.5375 MHz, 161.9625-161.9875 MHz, 162.0125-162.0375 MHz, out-of-band e.i.r.p. of space surveillance radars shall not exceed −16 dBW. Frequency assignments to the radiolocation service under this allocation in Ukraine shall not be used without the agreement of Moldova. ( ii ) [Reserved] ( 226 ) 5.226 The frequency 156.525 MHz is the international distress, safety and calling frequency for the maritime mobile VHF radiotelephone service using digital selective calling (DSC). The conditions for the use of this frequency and the band 156.4875-156.5625 MHz are contained in Articles 31 and 52, and in Appendix 18. The frequency 156.8 MHz is the international distress, safety and calling frequency for the maritime mobile VHF radiotelephone service. The conditions for the use of this frequency and the band 156.7625-156.8375 MHz are contained in Article 31 and Appendix 18. In the bands 156-156.4875 MHz, 156.5625-156.7625 MHz, 156.8375-157.45 MHz, 160.6-160.975 MHz and 161.475-162.05 MHz, each administration shall give priority to the maritime mobile service on only such frequencies as are assigned to stations of the maritime mobile service by the administration (see Articles 31 and 52, and Appendix 18). Any use of frequencies in these bands by stations of other services to which they are allocated should be avoided in areas where such use might cause harmful interference to the maritime mobile VHF radiocommunication service. However, the frequencies 156.8 MHz and 156.525 MHz and the frequency bands in which priority is given to the maritime mobile service may be used for radiocommunications on inland waterways subject to agreement between interested and affected administrations and taking into account current frequency usage and existing agreements. ( 227 ) 5.227 Additional allocation: the bands 156.4875-156.5125 MHz and 156.5375-156.5625 MHz are also allocated to the fixed and land mobile services on a primary basis. The use of these bands by the fixed and land mobile services shall not cause harmful interference to nor claim protection from the maritime mobile VHF radiocommunication service. ( 228 ) 5.228 The use of the frequency bands 156.7625-156.7875 MHz and 156.8125-156.8375 MHz by the mobile-satellite service (Earth-to-space) is limited to the reception of automatic identification system (AIS) emissions of long-range AIS broadcast messages (Message 27, see the most recent version of Recommendation ITU-R M.1371). With the exception of AIS emissions, emissions in these frequency bands by systems operating in the maritime mobile service for communications shall not exceed 1 W. ( i ) 5.228AB The use of the frequency bands 157.1875-157.3375 MHz and 161.7875-161.9375 MHz by the maritime mobile-satellite service (Earth-to-space) is limited to non-geostationary-satellite systems operating in accordance with Appendix 18. ( ii ) 5.228AC The use of the frequency bands 157.1875-157.3375 MHz and 161.7875-161.9375 MHz by the maritime mobile-satellite service (space-to-Earth) is limited to non-geostationary-satellite systems operating in accordance with Appendix 18. Such use is subject to agreement obtained under No. 9.21 with respect to the terrestrial services in Azerbaijan, Belarus, China, Korea (Rep. of), Cuba, the Russian Federation, the Syrian Arab Republic, the Dem. People's Rep. of Korea, South Africa and Viet Nam. ( iii ) 5.228A The frequency bands 161.9625-161.9875 MHz and 162.0125-162.0375 MHz may be used by aircraft stations for the purpose of search and rescue operations and other safety-related communications. ( iv ) 5.228AA The use of the frequency bands 161.9375-161.9625 MHz and 161.9875-162.0125 MHz by the maritime mobile-satellite (Earth-to-space) service is limited to the systems which operate in accordance with Appendix 18. ( v ) 5.228B The use of the frequency bands 161.9625-161.9875 MHz and 162.0125-162.0375 MHz by the fixed and land mobile services shall not cause harmful interference to, or claim protection from, the maritime mobile service. ( vi ) 5.228C The use of the frequency bands 161.9625-161.9875 MHz and 162.0125-162.0375 MHz by the maritime mobile service and the mobile-satellite (Earth-to-space) service is limited to the automatic identification system (AIS). The use of these frequency bands by the aeronautical mobile (OR) service is limited to AIS emissions from search and rescue aircraft operations. The AIS operations in these frequency bands shall not constrain the development and use of the fixed and mobile services operating in the adjacent frequency bands. ( vii ) 5.228D The frequency bands 161.9625-161.9875 MHz (AIS 1) and 162.0125-162.0375 MHz (AIS 2) may continue to be used by the fixed and mobile services on a primary basis until 1 January 2025, at which time this allocation shall no longer be valid. Administrations are encouraged to make all practicable efforts to discontinue the use of these bands by the fixed and mobile services prior to the transition date. During this transition period, the maritime mobile service in these frequency bands has priority over the fixed, land mobile and aeronautical mobile services. ( viii ) 5.228E The use of the automatic identification system in the frequency bands 161.9625-161.9875 MHz and 162.0125-162.0375 MHz by the aeronautical mobile (OR) service is limited to aircraft stations for the purpose of search and rescue operations and other safety-related communications. ( ix ) 5.228F The use of the frequency bands 161.9625-161.9875 MHz and 162.0125-162.0375 MHz by the mobile-satellite service (Earth-to-space) is limited to the reception of automatic identification system emissions from stations operating in the maritime mobile service. ( 229 ) 5.229 Alternative allocation: in Morocco, the band 162-174 MHz is allocated to the broadcasting service on a primary basis. The use of this band shall be subject to agreement with administrations having services, operating or planned, in accordance with the Table which are likely to be affected. Stations in existence on 1 January 1981, with their technical characteristics as of that date, are not affected by such agreement. ( 230 ) 5.230 Additional allocation: in China, the band 163-167 MHz is also allocated to the space operation service (space-to-Earth) on a primary basis, subject to agreement obtained under No. 9.21. ( 231 ) 5.231 Additional allocation: in Afghanistan and China, the band 167-174 MHz is also allocated to the broadcasting service on a primary basis. The introduction of the broadcasting service into this band shall be subject to agreement with the neighbouring countries in Region 3 whose services are likely to be affected. ( 232 ) [Reserved] ( 233 ) 5.233 Additional allocation: in China, the band 174-184 MHz is also allocated to the space research (space-to-Earth) and the space operation (space-to-Earth) services on a primary basis, subject to agreement obtained under No. 9.21. These services shall not cause harmful interference to, or claim protection from, existing or planned broadcasting stations. ( 234 ) [Reserved] ( 235 ) 5.235 Additional allocation: in Germany, Austria, Belgium, Denmark, Spain, Finland, France, Israel, Italy, Liechtenstein, Malta, Monaco, Norway, the Netherlands, the United Kingdom, Sweden and Switzerland, the band 174-223 MHz is also allocated to the land mobile service on a primary basis. However, the stations of the land mobile service shall not cause harmful interference to, or claim protection from, broadcasting stations, existing or planned, in countries other than those listed in this footnote. ( 236 ) [Reserved] ( 237 ) 5.237 Additional allocation: in Congo (Rep. of the), Egypt, Eritrea, Ethiopia, Gambia, Guinea, Libya, Mali, Sierra Leone, Somalia and Chad, the band 174-223 MHz is also allocated to the fixed and mobile services on a secondary basis. ( 238 ) 5.238 Additional allocation: in Bangladesh, India, Pakistan and the Philippines, the band 200-216 MHz is also allocated to the aeronautical radionavigation service on a primary basis. ( 239 ) [Reserved] ( 240 ) 5.240 Additional allocation: in China and India, the band 216-223 MHz is also allocated to the aeronautical radionavigation service on a primary basis and to the radiolocation service on a secondary basis. ( 241 ) 5.241 In Region 2, no new stations in the radiolocation service may be authorized in the band 216-225 MHz. Stations authorized prior to 1 January 1990 may continue to operate on a secondary basis. ( 242 ) 5.242 Additional allocation: in Canada and Mexico, the frequency band 216-220 MHz is also allocated to the land mobile service on a primary basis. ( 243 ) 5.243 Additional allocation: in Somalia, the band 216-225 MHz is also allocated to the aeronautical radionavigation service on a primary basis, subject to not causing harmful interference to existing or planned broadcasting services in other countries. ( 244 ) [Reserved] ( 245 ) 5.245 Additional allocation: in Japan, the band 222-223 MHz is also allocated to the aeronautical radionavigation service on a primary basis and to the radiolocation service on a secondary basis. ( 246 ) 5.246 Alternative allocation: in Spain, France, Israel and Monaco, the band 223-230 MHz is allocated to the broadcasting and land mobile services on a primary basis (see No. 5.33) on the basis that, in the preparation of frequency plans, the broadcasting service shall have prior choice of frequencies; and allocated to the fixed and mobile, except land mobile, services on a secondary basis. However, the stations of the land mobile service shall not cause harmful interference to, or claim protection from, existing or planned broadcasting stations in Morocco and Algeria. ( 247 ) 5.247 Additional allocation: in Saudi Arabia, Bahrain, the United Arab Emirates, Jordan, Oman, Qatar and Syrian Arab Republic, the band 223-235 MHz is also allocated to the aeronautical radionavigation service on a primary basis. ( 248 ) - ( 249 ) [Reserved] ( 250 ) 5.250 Additional allocation: in China, the band 225-235 MHz is also allocated to the radio astronomy service on a secondary basis. ( 251 ) 5.251 Additional allocation: in Nigeria, the band 230-235 MHz is also allocated to the aeronautical radionavigation service on a primary basis, subject to agreement obtained under No. 9.21. ( 252 ) 5.252 Alternative allocation: in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, Zambia and Zimbabwe, the frequency bands 230-238 MHz and 246-254 MHz are allocated to the broadcasting service on a primary basis, subject to agreement obtained under No. 9.21. ( 253 ) [Reserved] ( 254 ) 5.254 The bands 235-322 MHz and 335.4-399.9 MHz may be used by the mobile-satellite service, subject to agreement obtained under No. 9.21, on condition that stations in this service do not cause harmful interference to those of other services operating or planned to be operated in accordance with the Table of Frequency Allocations except for the additional allocation made in paragraph (b)(256)(i) of this section. ( 255 ) 5.255 The bands 312-315 MHz (Earth-to-space) and 387-390 MHz (space-to-Earth) in the mobile-satellite service may also be used by non-geostationary-satellite systems. Such use is subject to coordination under No. 9.11A. ( 256 ) 5.256 The frequency 243 MHz is the frequency in this band for use by survival craft stations and equipment used for survival purposes. ( i ) 5.256A Additional allocation: in China, the Russian Federation and Kazakhstan, the frequency band 258-261 MHz is also allocated to the space research service (Earth-to-space) and space operation service (Earth-to-space) on a primary basis. Stations in the space research service (Earth-to-space) and space operation service (Earth-to-space) shall not cause harmful interference to, or claim protection from, or constrain the use and development of, the mobile service systems and mobile-satellite service systems operating in the frequency band. Stations in space research service (Earth-to-space) and space operation service (Earth-to-space) shall not constrain the future development of fixed service systems of other countries. ( ii ) [Reserved] ( 257 ) 5.257 The band 267-272 MHz may be used by administrations for space telemetry in their countries on a primary basis, subject to agreement obtained under No. 9.21. ( 258 ) 5.258 The use of the band 328.6-335.4 MHz by the aeronautical radionavigation service is limited to Instrument Landing Systems (glide path). ( 259 ) 5.259 Additional allocation: in Egypt and the Syrian Arab Republic, the band 328.6-335.4 MHz is also allocated to the mobile service on a secondary basis, subject to agreement obtained under No. 9.21. In order to ensure that harmful interference is not caused to stations of the aeronautical radionavigation service, stations of the mobile service shall not be introduced in the band until it is no longer required for the aeronautical radionavigation service by any administration which may be identified in the application of the procedure invoked under No. 9.21. ( 260 ) (i) 5.260A In the frequency band 399.9-400.05 MHz, the maximum e.i.r.p. of any emission of earth stations in the mobile-satellite service shall not exceed 5 dBW in any 4 kHz band and the maximum e.i.r.p. of each earth station in the mobile-satellite service shall not exceed 5 dBW in the whole 399.9-400.05 MHz frequency band. Until 22 November 2022, this limit shall not apply to satellite systems for which complete notification information has been received by the Radiocommunication Bureau by 22 November 2019 and that have been brought into use by that date. After 22 November 2022, these limits shall apply to all systems within the mobile-satellite service operating in this frequency band. In the frequency band 399.99-400.02 MHz, the e.i.r.p. limits as specified in this paragraph (b)(260)(i) shall apply after 22 November 2022 to all systems within the mobile-satellite service. Administrations are requested that their mobile-satellite service satellite links in the 399.99-400.02 MHz frequency band comply with the e.i.r.p. limits as specified in this paragraph (b)(260)(i) , after 22 November 2019. ( ii ) 5.260B In the frequency band 400.02-400.05 MHz, the provisions of paragraph (b)(169)(i) of this section are not applicable for telecommand uplinks within the mobile-satellite service. ( 261 ) 5.261 Emissions shall be confined in a band of ± 25 kHz about the standard frequency 400.1 MHz. ( 262 ) 5.262 Additional allocation: in Saudi Arabia, Armenia, Azerbaijan, Bahrain, Belarus, Botswana, Colombia, Cuba, Egypt, the United Arab Emirates, Ecuador, the Russian Federation, Georgia, Hungary, Iran (Islamic Republic of), Iraq, Israel, Jordan, Kazakhstan, Kuwait, Liberia, Malaysia, Moldova, Oman, Uzbekistan, Pakistan, the Philippines, Qatar, the Syrian Arab Republic, Kyrgyzstan, Singapore, Somalia, Tajikistan, Chad, Turkmenistan and Ukraine, the band 400.05-401 MHz is also allocated to the fixed and mobile services on a primary basis. ( 263 ) 5.263 The band 400.15-401 MHz is also allocated to the space research service in the space-to-space direction for communications with manned space vehicles. In this application, the space research service will not be regarded as a safety service. ( 264 ) 5.264 The use of the band 400.15-401 MHz by the mobile-satellite service is subject to coordination under No. 9.11A. The power flux-density limit indicated in Annex 1 of Appendix 5 shall apply until such time as a competent world radiocommunication conference revises it. ( i ) 5.264A In the frequency band 401-403 MHz, the maximum e.i.r.p. of any emission of each earth station in the meteorological-satellite service and the Earth exploration-satellite service shall not exceed 22 dBW in any 4 kHz band for geostationary-satellite systems and non-geostationary-satellite systems with an orbit of apogee equal or greater than 35 786 km. The maximum e.i.r.p. of any emission of each earth station in the meteorological-satellite service and the Earth exploration-satellite service shall not exceed 7 dBW in any 4 kHz band for non-geostationary-satellite systems with an orbit of apogee lower than 35 786 km. The maximum e.i.r.p. of each earth station in the meteorological-satellite service and the Earth exploration-satellite service shall not exceed 22 dBW for geostationary-satellite systems and non-geostationary-satellite systems with an orbit of apogee equal or greater than 35 786 km in the whole 401-403 MHz frequency band. The maximum e.i.r.p. of each earth station in the meteorological-satellite service and the Earth exploration-satellite service shall not exceed 7 dBW for non-geostationary-satellite systems with an orbit of apogee lower than 35 786 km in the whole 401-403 MHz frequency band. Until 22 November 2029, these limits shall not apply to satellite systems for which complete notification information has been received by the Radiocommunication Bureau by 22 November 2019 and that have been brought into use by that date. After 22 November 2029, these limits shall apply to all systems within the meteorological-satellite service and the Earth exploration-satellite service operating in this frequency band. ( ii ) 5.264B Non-geostationary-satellite systems in the meteorological-satellite service and the Earth exploration-satellite service for which complete notification information has been received by the Radiocommunication Bureau before 28 April 2007 are exempt from provisions of paragraph (b)(264)(i) of this section and may continue to operate in the frequency band 401.898-402.522 MHz on a primary basis without exceeding a maximum e.i.r.p. level of 12 dBW. ( 265 ) 5.265 In the frequency band 403-410 MHz, Resolution 205 (Rev.WRC-19) applies. ( 266 ) 5.266 The use of the band 406-406.1 MHz by the mobile-satellite service is limited to low power satellite emergency position-indicating radiobeacons (see also Article 31). ( 267 ) 5.267 Any emission capable of causing harmful interference to the authorized uses of the band 406-406.1 MHz is prohibited. ( 268 ) 5.268 Use of the frequency band 410-420 MHz by the space research service is limited to space-to-space communication links with an orbiting, manned space vehicle. The power flux-density at the surface of the Earth produced by emissions from transmitting stations of the space research service (space-to-space) in the frequency band 410-420 MHz shall not exceed −153 dB(W/m 2 ) for 0° ≤ δ ≤ 5°, −153 + 0.077 (δ−5) dB(W/m 2 ) for 5° ≤ δ ≤ 70° and −148 dB(W/m 2 ) for 70° ≤ δ ≤ 90°, where δ is the angle of arrival of the radio-frequency wave and the reference bandwidth is 4 kHz. In this frequency band, stations of the space research service (space-to-space) shall not claim protection from, nor constrain the use and development of, stations of the fixed and mobile services. No. 4.10 does not apply. ( 269 ) 5.269 Different category of service: in Australia, the United States, India, Japan and the United Kingdom, the allocation of the bands 420-430 MHz and 440-450 MHz to the radiolocation service is on a primary basis (see No. 5.33). ( 270 ) 5.270 Additional allocation: in Australia, the United States, Jamaica and the Philippines, the bands 420-430 MHz and 440-450 MHz are also allocated to the amateur service on a secondary basis. ( 271 ) 5.271 Additional allocation: in Belarus, China, India, Kyrgyzstan and Turkmenistan, the band 420-460 MHz is also allocated to the aeronautical radionavigation service (radio altimeters) on a secondary basis. ( 272 ) - ( 273 ) [Reserved] ( 274 ) 5.274 Alternative allocation: in Denmark, Norway, Sweden and Chad, the bands 430-432 MHz and 438-440 MHz are allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. ( 275 ) 5.275 Additional allocation: in Croatia, Estonia, Finland, Libya, North Macedonia, Montenegro and Serbia, the frequency bands 430-432 MHz and 438-440 MHz are also allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. ( 276 ) 5.276 Additional allocation: in Afghanistan, Algeria, Saudi Arabia, Bahrain, Bangladesh, Brunei Darussalam, Burkina Faso, Djibouti, Egypt, the United Arab Emirates, Ecuador, Eritrea, Ethiopia, Greece, Guinea, India, Indonesia, Iran (Islamic Republic of), Iraq, Israel, Italy, Jordan, Kenya, Kuwait, Libya, Malaysia, Niger, Nigeria, Oman, Pakistan, the Philippines, Qatar, the Syrian Arab Republic, the Dem. People's Rep. of Korea, Singapore, Somalia, Sudan, Switzerland, Thailand, Togo, Turkey and Yemen, the frequency band 430-440 MHz is also allocated to the fixed service on a primary basis and the frequency bands 430-435 MHz and 438-440 MHz are also allocated, except in Ecuador, to the mobile, except aeronautical mobile, service on a primary basis. ( 277 ) 5.277 Additional allocation: in Angola, Armenia, Azerbaijan, Belarus, Cameroon, Congo (Rep. of the), Djibouti, the Russian Federation, Georgia, Hungary, Israel, Kazakhstan, Mali, Uzbekistan, Poland, the Dem. Rep. of the Congo, Kyrgyzstan, Slovakia, Romania, Rwanda, Tajikistan, Chad, Turkmenistan and Ukraine, the frequency band 430-440 MHz is also allocated to the fixed service on a primary basis. ( 278 ) 5.278 Different category of service: in Argentina, Brazil, Colombia, Costa Rica, Cuba, Guyana, Honduras, Panama, Paraguay, Uruguay and Venezuela, the allocation of the frequency band 430-440 MHz to the amateur service is on a primary basis (see No. 5.33). ( 279 ) 5.279 Additional allocation: in Mexico, the frequency bands 430-435 MHz and 438-440 MHz are also allocated on a primary basis to the mobile, except aeronautical mobile, service, and on a secondary basis to the fixed service, subject to agreement obtained under No. 9.21. ( i ) 5.279A The use of the frequency band 432-438 MHz by sensors in the Earth exploration-satellite service (active) shall be in accordance with Recommendation ITU-R RS.1260-2. Additionally, the Earth exploration-satellite service (active) in the frequency band 432-438 MHz shall not cause harmful interference to the aeronautical radionavigation service in China. The provisions of this footnote in no way diminish the obligation of the Earth exploration-satellite service (active) to operate as a secondary service in accordance with Nos. 5.29 and 5.30. ( ii ) [Reserved] ( 280 ) 5.280 In Germany, Austria, Bosnia and Herzegovina, Croatia, Liechtenstein, North Macedonia, Montenegro, Portugal, Serbia, Slovenia and Switzerland, the frequency band 433.05-434.79 MHz (centre frequency 433.92 MHz) is designated for industrial, scientific and medical (ISM) applications. Radiocommunication services of these countries operating within this frequency band must accept harmful interference which may be caused by these applications. ISM equipment operating in this frequency band is subject to the provisions of No. 15.13. ( 281 ) 5.281 Additional allocation: in the French overseas departments and communities in Region 2 and India, the band 433.75-434.25 MHz is also allocated to the space operation service (Earth-to-space) on a primary basis. In France and in Brazil, the band is allocated to the same service on a secondary basis. ( 282 ) 5.282 In the bands 435-438 MHz, 1260-1270 MHz, 2400-2450 MHz, 3400-3410 MHz (in Regions 2 and 3 only) and 5650-5670 MHz, the amateur-satellite service may operate subject to not causing harmful interference to other services operating in accordance with the Table (see No. 5.43). Administrations authorizing such use shall ensure that any harmful interference caused by emissions from a station in the amateur-satellite service is immediately eliminated in accordance with the provisions of No. 25.11. The use of the bands 1260-1270 MHz and 5650-5670 MHz by the amateur-satellite service is limited to the Earth-to-space direction. ( 283 ) 5.283 Additional allocation: in Austria, the band 438-440 MHz is also allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. ( 284 ) 5.284 Additional allocation: in Canada, the band 440-450 MHz is also allocated to the amateur service on a secondary basis. ( 285 ) 5.285 Different category of service: in Canada, the allocation of the band 440-450 MHz to the radiolocation service is on a primary basis (see No. 5.33). ( 286 ) 5.286 The band 449.75-450.25 MHz may be used for the space operation service (Earth-to-space) and the space research service (Earth-to-space), subject to agreement obtained under No. 9.21. ( i ) 5.286A The use of the bands 454-456 MHz and 459-460 MHz by the mobile-satellite service is subject to coordination under No. 9.11A. ( ii ) 5.286AA The frequency band 450-470 MHz is identified for use by administrations wishing to implement International Mobile Telecommunications (IMT)—see Resolution 224 (Rev.WRC-19). This identification does not preclude the use of this frequency band by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. ( iii ) 5.286B The use of the band 454-455 MHz in the countries listed in paragraph (b)(286)(v) of this section, 455-456 MHz and 459-460 MHz in Region 2, and 454-456 MHz and 459-460 MHz in the countries listed in No. 5.286E, by stations in the mobile-satellite service, shall not cause harmful interference to, or claim protection from, stations of the fixed or mobile services operating in accordance with the Table of Frequency Allocations. ( iv ) 5.286C The use of the band 454-455 MHz in the countries listed in No. 5.286D, 455-456 MHz and 459-460 MHz in Region 2, and 454-456 MHz and 459-460 MHz in the countries listed in No. 5.286E, by stations in the mobile-satellite service, shall not constrain the development and use of the fixed and mobile services operating in accordance with the Table of Frequency Allocations. ( v ) 5.286D Additional allocation: in Canada, the United States and Panama, the band 454-455 MHz is also allocated to the mobile-satellite service (Earth-to-space) on a primary basis. ( vi ) 5.286E Additional allocation: in Cape Verde, Nepal and Nigeria, the bands 454-456 MHz and 459-460 MHz are also allocated to the mobile-satellite (Earth-to-space) service on a primary basis. ( 287 ) 5.287 Use of the frequency bands 457.5125-457.5875 MHz and 467.5125-467.5875 MHz by the maritime mobile service is limited to on-board communication stations. The characteristics of the equipment and the channelling arrangement shall be in accordance with Recommendation ITU-R M.1174-4. The use of these frequency bands in territorial waters is subject to the national regulations of the administration concerned. ( 288 ) 5.288 In the territorial waters of the United States and the Philippines, the preferred frequencies for use by on-board communication stations shall be 457.525 MHz, 457.550 MHz, 457.575 MHz and 457.600 MHz paired, respectively, with 467.750 MHz, 467.775 MHz, 467.800 MHz and 467.825 MHz. The characteristics of the equipment used shall conform to those specified in Recommendation ITU-R M.1174-4. ( 289 ) 5.289 Earth exploration-satellite service applications, other than the meteorological-satellite service, may also be used in the bands 460-470 MHz and 1690-1710 MHz for space-to-Earth transmissions subject to not causing harmful interference to stations operating in accordance with the Table. ( 290 ) 5.290 Different category of service: in Afghanistan, Azerbaijan, Belarus, China, the Russian Federation, Japan, Kyrgyzstan, Tajikistan and Turkmenistan, the allocation of the band 460-470 MHz to the meteorological-satellite service (space-to-Earth) is on a primary basis (see No. 5.33), subject to agreement obtained under No. 9.21. ( 291 ) 5.291 Additional allocation: in China, the band 470-485 MHz is also allocated to the space research (space-to-Earth) and the space operation (space-to-Earth) services on a primary basis subject to agreement obtained under No. 9.21 and subject to not causing harmful interference to existing and planned broadcasting stations. ( i ) 5.291A Additional allocation: in Germany, Austria, Denmark, Estonia, Liechtenstein, the Czech Rep., Serbia and Switzerland, the frequency band 470-494 MHz is also allocated to the radiolocation service on a secondary basis. This use is limited to the operation of wind profiler radars in accordance with Resolution 217 (WRC-97). ( ii ) [Reserved] ( 292 ) 5.292 Different category of service: in Argentina, Uruguay and Venezuela, the allocation of the frequency band 470-512 MHz to the mobile service is on a primary basis (see No. 5.33), subject to agreement obtained under No. 9.21. ( 293 ) 5.293 Different category of service: in Canada, Chile, Cuba, the United States, Guyana, Jamaica and Panama, the allocation of the frequency bands 470-512 MHz and 614-806 MHz to the fixed service is on a primary basis (see No. 5.33), subject to agreement obtained under No. 9.21. In the Bahamas, Barbados, Canada, Chile, Cuba, the United States, Guyana, Jamaica, Mexico and Panama, the allocation of the frequency bands 470-512 MHz and 614-698 MHz to the mobile service is on a primary basis (see No. 5.33), subject to agreement obtained under No. 9.21. In Argentina and Ecuador, the allocation of the frequency band 470-512 MHz to the fixed and mobile services is on a primary basis (see No. 5.33), subject to agreement obtained under No. 9.21. ( 294 ) 5.294 Additional allocation: in Saudi Arabia, Cameroon, Côte d'Ivoire, Egypt, Ethiopia, Israel, Libya, the Syrian Arab Republic, Chad and Yemen, the frequency band 470-582 MHz is also allocated to the fixed service on a secondary basis. ( 295 ) 5.295 In the Bahamas, Barbados, Canada, the United States and Mexico, the frequency band 470-608 MHz, or portions thereof, is identified for International Mobile Telecommunications (IMT)—see Resolution 224 (Rev.WRC-19). This identification does not preclude the use of these frequency bands by any application of the services to which they are allocated and does not establish priority in the Radio Regulations. Mobile service stations of the IMT system within the frequency band are subject to agreement obtained under No. 9.21 and shall not cause harmful interference to, or claim protection from, the broadcasting service of neighbouring countries. Nos. 5.43 and 5.43A apply. ( 296 ) 5.296 Additional allocation: in Albania, Germany, Angola, Saudi Arabia, Austria, Bahrain, Belgium, Benin, Bosnia and Herzegovina, Botswana, Bulgaria, Burkina Faso, Burundi, Cameroon, Vatican, Congo (Rep. of the), Côte d'Ivoire, Croatia, Denmark, Djibouti, Egypt, United Arab Emirates, Spain, Estonia, Eswatini, Finland, France, Gabon, Georgia, Ghana, Hungary, Iraq, Ireland, Iceland, Israel, Italy, Jordan, Kenya, Kuwait, Lesotho, Latvia, Lebanon, Libya, Liechtenstein, Lithuania, Luxembourg, North Macedonia, Malawi, Mali, Malta, Morocco, Mauritius, Mauritania, Moldova, Monaco, Mozambique, Namibia, Niger, Nigeria, Norway, Oman, Uganda, the Netherlands, Poland, Portugal, Qatar, the Syrian Arab Republic, Slovakia, the Czech Republic, Romania, the United Kingdom, Rwanda, San Marino, Serbia, Sudan, South Africa, Sweden, Switzerland, Tanzania, Chad, Togo, Tunisia, Turkey, Ukraine, Zambia and Zimbabwe, the frequency band 470-694 MHz is also allocated on a secondary basis to the land mobile service, intended for applications ancillary to broadcasting and programme-making. Stations of the land mobile service in the countries listed in this footnote shall not cause harmful interference to existing or planned stations operating in accordance with the Table in countries other than those listed in this footnote. ( i ) 5.296A In Micronesia, the Solomon Islands, Tuvalu and Vanuatu, the frequency band 470-698 MHz, or portions thereof, and in Bangladesh, Maldives and New Zealand, the frequency band 610-698 MHz, or portions thereof, are identified for use by these administrations wishing to implement International Mobile Telecommunications (IMT)—see Resolution 224 (Rev.WRC-19). This identification does not preclude the use of these frequency bands by any application of the services to which they are allocated and does not establish priority in the Radio Regulations. The mobile allocation in this frequency band shall not be used for IMT systems unless subject to agreement obtained under No. 9.21 and shall not cause harmful interference to, or claim protection from, the broadcasting service of neighbouring countries. Nos. 5.43 and 5.43A apply. ( ii ) [Reserved] ( 297 ) 5.297 Additional allocation: in Canada, Costa Rica, Cuba, El Salvador, the United States, Guatemala, Guyana and Jamaica, the frequency band 512-608 MHz is also allocated to the fixed and mobile services on a primary basis, subject to agreement obtained under No. 9.21. In the Bahamas, Barbados and Mexico, the frequency band 512-608 MHz is also allocated to the mobile service on a primary basis, subject to agreement obtained under No. 9.21. In Mexico, the frequency band 512-608 MHz is also allocated on a secondary basis to the fixed service (see No. 5.32). ( 298 ) 5.298 Additional allocation: in India, the band 549.75-550.25 MHz is also allocated to the space operation service (space-to-Earth) on a secondary basis. ( 299 ) [Reserved] ( 300 ) 5.300 Additional allocation: in Saudi Arabia, Cameroon, Egypt, United Arab Emirates, Israel, Jordan, Libya, Oman, Qatar, the Syrian Arab Republic and Sudan, the frequency band 582-790 MHz is also allocated to the fixed and mobile, except aeronautical mobile, services on a secondary basis. ( 301 ) - ( 303 ) [Reserved] ( 304 ) 5.304 Additional allocation: in the African Broadcasting Area (see Nos. 5.10 to 5.13), the band 606-614 MHz is also allocated to the radio astronomy service on a primary basis. ( 305 ) 5.305 Additional allocation: in China, the band 606-614 MHz is also allocated to the radio astronomy service on a primary basis. ( 306 ) 5.306 Additional allocation: in Region 1, except in the African Broadcasting Area (see Nos. 5.10 to 5.13), and in Region 3, the band 608-614 MHz is also allocated to the radio astronomy service on a secondary basis. ( 307 ) 5.307 Additional allocation: in India, the band 608-614 MHz is also allocated to the radio astronomy service on a primary basis. ( 308 ) 5.308 Additional allocation: in Belize, Colombia and Guatemala, the frequency band 614-698 MHz is also allocated to the mobile service on a primary basis. Stations of the mobile service within the frequency band are subject to agreement obtained under No. 9.21. ( i ) 5.308A In the Bahamas, Barbados, Belize, Canada, Colombia, the United States, Guatemala and Mexico, the frequency band 614-698 MHz, or portions thereof, is identified for International Mobile Telecommunications (IMT)—see Resolution 224 (Rev.WRC-19). This identification does not preclude the use of these frequency bands by any application of the services to which they are allocated and does not establish priority in the Radio Regulations. Mobile service stations of the IMT system within the frequency band are subject to agreement obtained under No. 9.21 and shall not cause harmful interference to, or claim protection from, the broadcasting service of neighbouring countries. Nos. 5.43 and 5.43A apply. ( ii ) [Reserved] ( 309 ) 5.309 Different category of service: in El Salvador, the allocation of the frequency band 614-806 MHz to the fixed service is on a primary basis (see No. 5.33), subject to agreement obtained under No. 9.21. ( 310 ) [Reserved] ( 311 ) [Reserved] ( 312 ) 5.312 Additional allocation: in Armenia, Azerbaijan, Belarus, the Russian Federation, Georgia, Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, Turkmenistan and Ukraine, the frequency band 645-862 MHz, and in Bulgaria the frequency bands 646-686 MHz, 726-753 MHz, 778-811 MHz and 822-852 MHz, are also allocated to the aeronautical radionavigation service on a primary basis. ( i ) 5.312A In Region 1, the use of the frequency band 694-790 MHz by the mobile, except aeronautical mobile, service is subject to the provisions of Resolution 760 (Rev.WRC-19). See also Resolution 224 (Rev.WRC-19). ( ii ) [Reserved] ( 313 ) 5.313A The frequency band, or portions of the frequency band 698-790 MHz, in Australia, Bangladesh, Brunei Darussalam, Cambodia, China, Korea (Rep. of), Fiji, India, Indonesia, Japan, Kiribati, Lao P.D.R., Malaysia, Myanmar (Union of), New Zealand, Pakistan, Papua New Guinea, the Philippines, the Dem. People's Rep. of Korea, Solomon Islands, Samoa, Singapore, Thailand, Tonga, Tuvalu, Vanuatu and Viet Nam, are identified for use by these administrations wishing to implement International Mobile Telecommunications (IMT). This identification does not preclude the use of these frequency bands by any application of the services to which they are allocated and does not establish priority in the Radio Regulations. ( 314 ) - ( 315 ) [Reserved] ( 316 ) 5.316B In Region 1, the allocation to the mobile, except aeronautical mobile, service in the frequency band 790-862 MHz is subject to agreement obtained under No. 9.21 with respect to the aeronautical radionavigation service in countries mentioned in No. 5.312. For countries party to the GE06 Agreement, the use of stations of the mobile service is also subject to the successful application of the procedures of that Agreement. Resolutions 224 (Rev.WRC-19) and 749 (Rev.WRC-19) shall apply, as appropriate. ( 317 ) 5.317 Additional allocation: in Region 2 (except Brazil, the United States and Mexico), the frequency band 806-890 MHz is also allocated to the mobile-satellite service on a primary basis, subject to agreement obtained under No. 9.21. The use of this service is intended for operation within national boundaries. ( i ) 5.317A The parts of the frequency band 698-960 MHz in Region 2 and the frequency bands 694-790 MHz in Region 1 and 790-960 MHz in Regions 1 and 3 which are allocated to the mobile service on a primary basis are identified for use by administrations wishing to implement International Mobile Telecommunications (IMT)—see Resolutions 224 (Rev.WRC-19), 760 (Rev.WRC-19) and 749 (Rev.WRC-19), where applicable. This identification does not preclude the use of these frequency bands by any application of the services to which they are allocated and does not establish priority in the Radio Regulations. ( ii ) [Reserved] ( 318 ) 5.318 Additional allocation: in Canada, the United States and Mexico, the bands 849-851 MHz and 894-896 MHz are also allocated to the aeronautical mobile service on a primary basis, for public correspondence with aircraft. The use of the band 849-851 MHz is limited to transmissions from aeronautical stations and the use of the band 894-896 MHz is limited to transmissions from aircraft stations. ( 319 ) 5.319 Additional allocation: in Belarus, the Russian Federation and Ukraine, the bands 806-840 MHz (Earth-to-space) and 856-890 MHz (space-to-Earth) are also allocated to the mobile-satellite, except aeronautical mobile-satellite (R), service. The use of these bands by this service shall not cause harmful interference to, or claim protection from, services in other countries operating in accordance with the Table of Frequency Allocations and is subject to special agreements between the administrations concerned. ( 320 ) 5.320 Additional allocation: in Region 3, the bands 806-890 MHz and 942-960 MHz are also allocated to the mobile-satellite, except aeronautical mobile-satellite (R), service on a primary basis, subject to agreement obtained under No. 9.21. The use of this service is limited to operation within national boundaries. In seeking such agreement, appropriate protection shall be afforded to services operating in accordance with the Table, to ensure that no harmful interference is caused to such services. ( 321 ) [Reserved] ( 322 ) 5.322 In Region 1, in the band 862-960 MHz, stations of the broadcasting service shall be operated only in the African Broadcasting Area (see Nos. 5.10 to 5.13) excluding Algeria, Burundi, Egypt, Spain, Lesotho, Libya, Morocco, Malawi, Namibia, Nigeria, South Africa, Tanzania, Zimbabwe and Zambia, subject to agreement obtained under No. 9.21. ( 323 ) 5.323 Additional allocation: in Armenia, Azerbaijan, Belarus, the Russian Federation, Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, Turkmenistan and Ukraine, the frequency band 862-960 MHz, in Bulgaria the frequency bands 862-880 MHz and 915-925 MHz, and in Romania the frequency bands 862-880 MHz and 915-925 MHz, are also allocated to the aeronautical radionavigation service on a primary basis. Such use is subject to agreement obtained under No. 9.21 with administrations concerned and limited to ground-based radiobeacons in operation on 27 October 1997 until the end of their lifetime. ( 324 ) [Reserved] ( 325 ) 5.325 Different category of service: in the United States, the allocation of the band 890-942 MHz to the radiolocation service is on a primary basis (see No. 5.33), subject to agreement obtained under No. 9.21. ( i ) 5.325A Different category of service: in Argentina, Brazil, Costa Rica, Cuba, Dominican Republic, El Salvador, Ecuador, the French overseas departments and communities in Region 2, Guatemala, Paraguay, Uruguay and Venezuela, the frequency band 902-928 MHz is allocated to the land mobile service on a primary basis. In Mexico, the frequency band 902-928 MHz is allocated to the mobile, except aeronautical mobile, service on a primary basis. In Colombia, the frequency band 902-905 MHz is allocated to the land mobile service on a primary basis. ( ii ) [Reserved] ( 326 ) 5.326 Different category of service: in Chile, the band 903-905 MHz is allocated to the mobile, except aeronautical mobile, service on a primary basis, subject to agreement obtained under No. 9.21. ( 327 ) 5.327 Different category of service: in Australia, the allocation of the band 915-928 MHz to the radiolocation service is on a primary basis (see No. 5.33). ( i ) 5.327A The use of the frequency band 960-1164 MHz by the aeronautical mobile (R) service is limited to systems that operate in accordance with recognized international aeronautical standards. Such use shall be in accordance with Resolution 417 (Rev.WRC-15). ( ii ) [Reserved] ( 328 ) 5.328 The use of the band 960-1215 MHz by the aeronautical radionavigation service is reserved on a worldwide basis for the operation and development of airborne electronic aids to air navigation and any directly associated ground-based facilities. ( i ) 5.328A Stations in the radionavigation-satellite service in the band 1164-1215 MHz shall operate in accordance with the provisions of Resolution 609 (Rev.WRC-07) and shall not claim protection from stations in the aeronautical radionavigation service in the band 960-1215 MHz. No. 5.43A does not apply. The provisions of No. 21.18 shall apply. ( ii ) 5.328AA The frequency band 1087.7-1092.3 MHz is also allocated to the aeronautical mobile-satellite (R) service (Earth-to-space) on a primary basis, limited to the space station reception of Automatic Dependent Surveillance-Broadcast (ADS-B) emissions from aircraft transmitters that operate in accordance with recognized international aeronautical standards. Stations operating in the aeronautical mobile-satellite (R) service shall not claim protection from stations operating in the aeronautical radionavigation service. Resolution 425 (Rev.WRC-19) shall apply. ( iii ) 5.328B The use of the bands 1164-1300 MHz, 1559-1610 MHz and 5010-5030 MHz by systems and networks in the radionavigation-satellite service for which complete coordination or notification information, as appropriate, is received by the Radiocommunication Bureau after 1 January 2005 is subject to the application of the provisions of Nos. 9.12, 9.12A and 9.13. Resolution 610 (Rev.WRC-19) shall also apply; however, in the case of radionavigation-satellite service (space-to-space) networks and systems, Resolution 610 (Rev.WRC-19) shall only apply to transmitting space stations. In accordance with No. 5.329A, for systems and networks in the radionavigation-satellite service (space-to-space) in the bands 1215-1300 MHz and 1559-1610 MHz, the provisions of Nos. 9.7, 9.12, 9.12A and 9.13 shall only apply with respect to other systems and networks in the radionavigation-satellite service (space-to-space). ( 329 ) 5.329 Use of the radionavigation-satellite service in the frequency band 1215-1300 MHz shall be subject to the condition that no harmful interference is caused to, and no protection is claimed from, the radionavigation service authorized under paragraph (b)(331) of this section. Furthermore, the use of the radionavigation-satellite service in the frequency band 1215-1300 MHz shall be subject to the condition that no harmful interference is caused to the radiolocation service. No. 5.43 shall not apply in respect of the radiolocation service. Resolution 608 (Rev.WRC-19) shall apply. ( 330 ) 5.330 Additional allocation: in Angola, Saudi Arabia, Bahrain, Bangladesh, Cameroon, China, Djibouti, Egypt, the United Arab Emirates, Eritrea, Ethiopia, Guyana, India, Indonesia, Iran (Islamic Republic of), Iraq, Israel, Japan, Jordan, Kuwait, Nepal, Oman, Pakistan, the Philippines, Qatar, the Syrian Arab Republic, Somalia, Sudan, South Sudan, Chad, Togo and Yemen, the band 1215-1300 MHz is also allocated to the fixed and mobile services on a primary basis. ( 331 ) 5.331 Additional allocation: in Algeria, Germany, Saudi Arabia, Australia, Austria, Bahrain, Belarus, Belgium, Benin, Bosnia and Herzegovina, Brazil, Burkina Faso, Burundi, Cameroon, China, Korea (Rep. of), Croatia, Denmark, Egypt, the United Arab Emirates, Estonia, the Russian Federation, Finland, France, Ghana, Greece, Guinea, Equatorial Guinea, Hungary, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Israel, Jordan, Kenya, Kuwait, Lesotho, Latvia, Lebanon, Liechtenstein, Lithuania, Luxembourg, North Macedonia, Madagascar, Mali, Mauritania, Montenegro, Nigeria, Norway, Oman, Pakistan, the Kingdom of the Netherlands, Poland, Portugal, Qatar, the Syrian Arab Republic, Dem. People's Rep. of Korea, Slovakia, the United Kingdom, Serbia, Slovenia, Somalia, Sudan, South Sudan, Sri Lanka, South Africa, Sweden, Switzerland, Thailand, Togo, Turkey, Venezuela and Viet Nam, the frequency band 1215-1300 MHz is also allocated to the radionavigation service on a primary basis. In Canada and the United States, the frequency band 1240-1300 MHz is also allocated to the radionavigation service, and use of the radionavigation service shall be limited to the aeronautical radionavigation service. ( 332 ) 5.332 In the band 1215-1260 MHz, active spaceborne sensors in the Earth exploration-satellite and space research services shall not cause harmful interference to, claim protection from, or otherwise impose constraints on operation or development of the radiolocation service, the radionavigation-satellite service and other services allocated on a primary basis. ( 333 ) [Reserved] ( 334 ) 5.334 Additional allocation: in Canada and the United States, the band 1350-1370 MHz is also allocated to the aeronautical radionavigation service on a primary basis. ( 335 ) 5.335 In Canada and the United States in the band 1240-1300 MHz, active spaceborne sensors in the Earth exploration-satellite and space research services shall not cause interference to, claim protection from, or otherwise impose constraints on operation or development of the aeronautical radionavigation service. ( i ) 5.335A In the band 1260-1300 MHz, active spaceborne sensors in the Earth exploration-satellite and space research services shall not cause harmful interference to, claim protection from, or otherwise impose constraints on operation or development of the radiolocation service and other services allocated by footnotes on a primary basis. ( ii ) [Reserved] ( 336 ) [Reserved] ( 337 ) 5.337 The use of the bands 1300-1350 MHz, 2700-2900 MHz and 9000-9200 MHz by the aeronautical radionavigation service is restricted to ground-based radars and to associated airborne transponders which transmit only on frequencies in these bands and only when actuated by radars operating in the same band. ( i ) 5.337A The use of the band 1300-1350 MHz by earth stations in the radionavigation-satellite service and by stations in the radiolocation service shall not cause harmful interference to, nor constrain the operation and development of, the aeronautical-radionavigation service. ( ii ) [Reserved] ( 338 ) 5.338 In Kyrgyzstan, Slovakia and Turkmenistan, existing installations of the radionavigation service may continue to operate in the band 1350-1400 MHz. ( i ) 5.338A In the frequency bands 1350-1400 MHz, 1427-1452 MHz, 22.55-23.55 GHz, 24.25-27.5 GHz, 30-31.3 GHz, 49.7-50.2 GHz, 50.4-50.9 GHz, 51.4-52.4 GHz, 52.4-52.6 GHz, 81-86 GHz and 92-94 GHz, Resolution 750 (Rev.WRC-19) applies. ( ii ) [Reserved] ( 339 ) 5.339 The bands 1370-1400 MHz, 2640-2655 MHz, 4950-4990 MHz and 15.20-15.35 GHz are also allocated to the space research (passive) and Earth exploration-satellite (passive) services on a secondary basis. ( 340 ) 5.340 All emissions are prohibited in the bands 1400-1427 MHz, 2690-2700 MHz (except those provided for by paragraph (b)(422) of this section), 10.68-10.7 GHz (except those provided for by paragraph (b)(483) of this section), 15.35-15.4 GHz (except those provided for by paragraph (b)(511) of this section), 23.6-24 GHz, 31.3-31.5 GHz, 31.5-31.8 GHz (in Region 2), 48.94-49.04 GHz (from airborne stations), 50.2-50.4 GHz, 52.6-54.25 GHz, 86-92 GHz, 100-102 GHz, 109.5-111.8 GHz, 114.25-116 GHz, 148.5-151.5 GHz, 164-167 GHz, 182-185 GHz, 190-191.8 GHz, 200-209 GHz, 226-231.5 GHz, and 250-252 GHz. The allocation to the Earth exploration-satellite service (passive) and the space research service (passive) in the band 50.2-50.4 GHz should not impose undue constraints on the use of the adjacent bands by the primary allocated services in those bands. ( 341 ) 5.341 In the bands 1400-1727 MHz, 101-120 GHz and 197-220 GHz, passive research is being conducted by some countries in a programme for the search for intentional emissions of extraterrestrial origin. ( i ) 5.341A In Region 1, the frequency bands 1427-1452 MHz and 1492-1518 MHz are identified for use by administrations wishing to implement International Mobile Telecommunications (IMT) in accordance with Resolution 223 (Rev.WRC-19). This identification does not preclude the use of these frequency bands by any other application of the services to which it is allocated and does not establish priority in the Radio Regulations. The use of IMT stations is subject to agreement obtained under No. 9.21 with respect to the aeronautical mobile service used for aeronautical telemetry in accordance with paragraph (b)(342) of this section. ( ii ) 5.341B In Region 2, the frequency band 1427-1518 MHz is identified for use by administrations wishing to implement International Mobile Telecommunications (IMT) in accordance with Resolution 223 (Rev.WRC-19). This identification does not preclude the use of this frequency band by any application of the services to which they are allocated and does not establish priority in the Radio Regulations. ( iii ) 5.341C The frequency bands 1427-1452 MHz and 1492-1518 MHz are identified for use by administrations in Region 3 wishing to implement International Mobile Telecommunications (IMT) in accordance with Resolution 223 (Rev.WRC-19). The use of these frequency bands by the referenced administrations for the implementation of IMT in the frequency bands 1429-1452 MHz and 1492-1518 MHz is subject to agreement obtained under No. 9.21 from countries using stations of the aeronautical mobile service. This identification does not preclude the use of these frequency bands by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. ( 342 ) 5.342 Additional allocation: in Armenia, Azerbaijan, Belarus, the Russian Federation, Uzbekistan, Kyrgyzstan and Ukraine, the frequency band 1429-1535 MHz is also allocated to the aeronautical mobile service on a primary basis, exclusively for the purposes of aeronautical telemetry within the national territory. As of 1 April 2007, the use of the frequency band 1452-1492 MHz is subject to agreement between the administrations concerned. ( 343 ) 5.343 In Region 2, the use of the band 1435-1535 MHz by the aeronautical mobile service for telemetry has priority over other uses by the mobile service. ( 344 ) 5.344 Alternative allocation: in the United States, the band 1452-1525 MHz is allocated to the fixed and mobile services on a primary basis (see also paragraph (b)(343) of this section). ( 345 ) 5.345 Use of the frequency band 1452-1492 MHz by the broadcasting-satellite service, and by the broadcasting service, is limited to digital audio broadcasting and is subject to the provisions of Resolution 528 (Rev.WRC-19). ( 346 ) 5.346 In Algeria, Angola, Saudi Arabia, Bahrain, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Central African Republic, Congo (Rep. of the), Côte d'Ivoire, Djibouti, Egypt, United Arab Emirates, Eswatini, Gabon, Gambia, Ghana, Guinea, Iraq, Jordan, Kenya, Kuwait, Lesotho, Lebanon, Liberia, Madagascar, Malawi, Mali, Morocco, Mauritius, Mauritania, Mozambique, Namibia, Niger, Nigeria, Oman, Uganda, Palestine, Qatar, Dem. Rep. of the Congo, Rwanda, Senegal, Seychelles, Sudan, South Sudan, South Africa, Tanzania, Chad, Togo, Tunisia, Zambia, and Zimbabwe, the frequency band 1452-1492 MHz is identified for use by administrations listed in this paragraph (b)(346) wishing to implement International Mobile Telecommunications (IMT) in accordance with Resolution 223 (Rev.WRC-19). This identification does not preclude the use of this frequency band by any other application of the services to which it is allocated and does not establish priority in the Radio Regulations. The use of this frequency band for the implementation of IMT is subject to agreement obtained under No. 9.21 with respect to the aeronautical mobile service used for aeronautical telemetry in accordance with paragraph (b)(342) of this section. See also Resolution 761 (Rev.WRC-19). Note 3 to § 2.16(b)(346) introductory text: The use by Palestine of the allocation to the mobile service in the frequency band 1452-1492 MHz identified for IMT is noted, pursuant to Resolution 99 (Rev. Dubai, 2018) and taking into account the Israeli-Palestinian Interim Agreement of 28 September 1995. ( i ) 5.346A The frequency band 1452-1492 MHz is identified for use by administrations in Region 3 wishing to implement International Mobile Telecommunications (IMT) in accordance with Resolution 223 (Rev.WRC-19) and Resolution 761 (Rev.WRC-19). The use of this frequency band by the above administrations for the implementation of IMT is subject to agreement obtained under No. 9.21 from countries using stations of the aeronautical mobile service. This identification does not preclude the use of this frequency band by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. ( ii ) [Reserved] ( 347 ) [Reserved] ( 348 ) 5.348 The use of the band 1518-1525 MHz by the mobile-satellite service is subject to coordination under No. 9.11A. In the band 1518-1525 MHz stations in the mobile-satellite service shall not claim protection from the stations in the fixed service. No. 5.43A does not apply. ( i ) 5.348A In the band 1518-1525 MHz, the coordination threshold in terms of the power flux-density levels at the surface of the Earth in application of No. 9.11A for space stations in the mobile-satellite (space-to-Earth) service, with respect to the land mobile service use for specialized mobile radios or used in conjunction with public switched telecommunication networks (PSTN) operating within the territory of Japan, shall be −150 dB(W/m 2 ) in any 4 kHz band for all angles of arrival, instead of those given in Table 5-2 of Appendix 5. In the band 1518-1525 MHz stations in the mobile-satellite service shall not claim protection from stations in the mobile service in the territory of Japan. No. 5.43A does not apply. ( ii ) 5.348B In the band 1518-1525 MHz, stations in the mobile-satellite service shall not claim protection from aeronautical mobile telemetry stations in the mobile service in the territory of the United States ( see paragraphs (b)(343) and (344) of this section) and in the countries listed in paragraph (b)(342) of this section. No. 5.43A does not apply. ( 349 ) 5.349 Different category of service: in Saudi Arabia, Azerbaijan, Bahrain, Cameroon, Egypt, Iran (Islamic Republic of), Iraq, Israel, Kazakhstan, Kuwait, Lebanon, North Macedonia, Morocco, Qatar, Syrian Arab Republic, Kyrgyzstan, Turkmenistan and Yemen, the allocation of the frequency band 1525-1530 MHz to the mobile, except aeronautical mobile, service is on a primary basis (see No. 5.33). ( 350 ) 5.350 Additional allocation: in Kyrgyzstan and Turkmenistan, the frequency band 1525-1530 MHz is also allocated to the aeronautical mobile service on a primary basis. ( 351 ) 5.351 The bands 1525-1544 MHz, 1545-1559 MHz, 1626.5-1645.5 MHz and 1646.5-1660.5 MHz shall not be used for feeder links of any service. In exceptional circumstances, however, an earth station at a specified fixed point in any of the mobile-satellite services may be authorized by an administration to communicate via space stations using these bands. ( i ) 5.351A For the use of the bands 1518-1544 MHz, 1545-1559 MHz, 1610-1645.5 MHz, 1646.5-1660.5 MHz, 1668-1675 MHz, 1980-2010 MHz, 2170-2200 MHz, 2483.5-2520 MHz and 2670-2690 MHz by the mobile-satellite service, see Resolutions 212 (Rev.WRC-19) and 225 (Rev.WRC-12). ( ii ) [Reserved] ( 352 ) 5.352A In the frequency band 1525-1530 MHz, stations in the mobile-satellite service, except stations in the maritime mobile-satellite service, shall not cause harmful interference to, or claim protection from, stations of the fixed service in Algeria, Saudi Arabia, Egypt, Guinea, India, Israel, Italy, Jordan, Kuwait, Mali, Morocco, Mauritania, Nigeria, Oman, Pakistan, the Philippines, Qatar, Syrian Arab Republic, Viet Nam and Yemen notified prior to 1 April 1998. ( 353 ) 5.353A In applying the procedures of Section II of Article 9 to the mobile-satellite service in the bands 1530-1544 MHz and 1626.5-1645.5 MHz, priority shall be given to accommodating the spectrum requirements for distress, urgency and safety communications of the Global Maritime Distress and Safety System (GMDSS). Maritime mobile-satellite distress, urgency and safety communications shall have priority access and immediate availability over all other mobile satellite communications operating within a network. Mobile-satellite systems shall not cause unacceptable interference to, or claim protection from, distress, urgency and safety communications of the GMDSS. Account shall be taken of the priority of safety-related communications in the other mobile-satellite services. (The provisions of Resolution 222 (Rev.WRC-12) shall apply.) ( 354 ) 5.354 The use of the bands 1525-1559 MHz and 1626.5-1660.5 MHz by the mobile-satellite services is subject to coordination under No. 9.11A. ( 355 ) 5.355 Additional allocation: in Bahrain, Bangladesh, Congo (Rep. of the), Djibouti, Egypt, Eritrea, Iraq, Israel, Kuwait, Qatar, Syrian Arab Republic, Somalia, Sudan, South Sudan, Chad, Togo and Yemen, the bands 1540-1559 MHz, 1610-1645.5 MHz and 1646.5-1660 MHz are also allocated to the fixed service on a secondary basis. ( 356 ) 5.356 The use of the band 1544-1545 MHz by the mobile-satellite service (space-to-Earth) is limited to distress and safety communications (see Article 31). ( 357 ) 5.357 Transmissions in the band 1545-1555 MHz from terrestrial aeronautical stations directly to aircraft stations, or between aircraft stations, in the aeronautical mobile (R) service are also authorized when such transmissions are used to extend or supplement the satellite-to-aircraft links. ( i ) 5.357A In applying the procedures of Section II of Article 9 to the mobile-satellite service in the frequency bands 1545-1555 MHz and 1646.5-1656.5 MHz, priority shall be given to accommodating the spectrum requirements of the aeronautical mobile-satellite (R) service providing transmission of messages with priority 1 to 6 in Article 44. Aeronautical mobile-satellite (R) service communications with priority 1 to 6 in Article 44 shall have priority access and immediate availability, by pre-emption if necessary, over all other mobile-satellite communications operating within a network. Mobile-satellite systems shall not cause unacceptable interference to, or claim protection from, aeronautical mobile-satellite (R) service communications with priority 1 to 6 in Article 44. Account shall be taken of the priority of safety-related communications in the other mobile-satellite services. (The provisions of Resolution 222 (Rev.WRC-12) shall apply.) ( ii ) [Reserved] ( 358 ) [Reserved] ( 359 ) 5.359 Additional allocation: in Germany, Saudi Arabia, Armenia, Azerbaijan, Belarus, Cameroon, the Russian Federation, Georgia, Guinea, Guinea-Bissau, Jordan, Kazakhstan, Kuwait, Lithuania, Mauritania, Uganda, Uzbekistan, Pakistan, Poland, the Syrian Arab Republic, Kyrgyzstan, the Dem. People's Rep. of Korea, Romania, Tajikistan, Tunisia, Turkmenistan and Ukraine, the frequency bands 1550-1559 MHz, 1610-1645.5 MHz and 1646.5-1660 MHz are also allocated to the fixed service on a primary basis. Administrations are urged to make all practicable efforts to avoid the implementation of new fixed-service stations in these frequency bands. ( 360 ) - ( 361 ) [Reserved] ( 362 ) 5.362A In the United States, in the bands 1555-1559 MHz and 1656.5-1660.5 MHz, the aeronautical mobile-satellite (R) service shall have priority access and immediate availability, by pre-emption if necessary, over all other mobile-satellite communications operating within a network. Mobile-satellite systems shall not cause unacceptable interference to, or claim protection from, aeronautical mobile-satellite (R) service communications with priority 1 to 6 in Article 44. Account shall be taken of the priority of safety-related communications in the other mobile-satellite services. ( 363 ) [Reserved] ( 364 ) 5.364 The use of the band 1610-1626.5 MHz by the mobile-satellite service (Earth-to-space) and by the radiodetermination-satellite service (Earth-to-space) is subject to coordination under No. 9.11A. A mobile earth station operating in either of the services in this band shall not produce a peak e.i.r.p. density in excess of −15 dB(W/4 kHz) in the part of the band used by systems operating in accordance with the provisions of paragraph (b)(366) of this section (to which No. 4.10 applies), unless otherwise agreed by the affected administrations. In the part of the band where such systems are not operating, the mean e.i.r.p. density of a mobile earth station shall not exceed −3 dB(W/4 kHz). Stations of the mobile-satellite service shall not claim protection from stations in the aeronautical radionavigation service, stations operating in accordance with the provisions of paragraph (b)(366) of this section and stations in the fixed service operating in accordance with the provisions of paragraph (b)(359) of this section. Administrations responsible for the coordination of mobile-satellite networks shall make all practicable efforts to ensure protection of stations operating in accordance with the provisions of paragraph (b)(366) of this section. ( 365 ) 5.365 The use of the band 1613.8-1626.5 MHz by the mobile-satellite service (space-to-Earth) is subject to coordination under No. 9.11A. ( 366 ) 5.366 The band 1610-1626.5 MHz is reserved on a worldwide basis for the use and development of airborne electronic aids to air navigation and any directly associated ground-based or satellite-borne facilities. Such satellite use is subject to agreement obtained under No. 9.21. ( 367 ) 5.367 Additional allocation: The frequency band 1610-1626.5 MHz is also allocated to the aeronautical mobile-satellite (R) service on a primary basis, subject to agreement obtained under No. 9.21. ( 368 ) 5.368 The provisions of No. 4.10 do not apply with respect to the radiodetermination-satellite and mobile-satellite services in the frequency band 1610-1626.5 MHz. However, No. 4.10 applies in the frequency band 1610-1626.5 MHz with respect to the aeronautical radionavigation-satellite service when operating in accordance with paragraph (b)(366) of this section, the aeronautical mobile satellite (R) service when operating in accordance with paragraph (b)(367) of this section, and in the frequency band 1621.35-1626.5 MHz with respect to the maritime mobile-satellite service when used for GMDSS. ( 369 ) 5.369 Different category of service: in Angola, Australia, China, Eritrea, Ethiopia, India, Iran (Islamic Republic of), Israel, Lebanon, Liberia, Madagascar, Mali, Pakistan, Papua New Guinea, Syrian Arab Republic, the Dem. Rep. of the Congo, Sudan, South Sudan, Togo and Zambia, the allocation of the band 1610-1626.5 MHz to the radiodetermination-satellite service (Earth-to-space) is on a primary basis (see No. 5.33), subject to agreement obtained under No. 9.21 from countries not listed in this provision. ( 370 ) 5.370 Different category of service: in Venezuela, the allocation to the radiodetermination-satellite service in the band 1610-1626.5 MHz (Earth-to-space) is on a secondary basis. ( 371 ) 5.371 Additional allocation: in Region 1, the band 1610-1626.5 MHz (Earth-to-space) is also allocated to the radiodetermination-satellite service on a secondary basis, subject to agreement obtained under No. 9.21. ( 372 ) 5.372 Harmful interference shall not be caused to stations of the radio astronomy service using the frequency band 1610.6-1613.8 MHz by stations of the radiodetermination-satellite and mobile-satellite services (No. 29.13 applies). The equivalent power flux-density (epfd) produced in the frequency band 1610.6-1613.8 MHz by all space stations of a non-geostationary-satellite system in the mobile-satellite service (space-to-Earth) operating in frequency band 1613.8-1626.5 MHz shall be in compliance with the protection criteria provided in Recommendations ITU-R RA.769-2 and ITU-R RA.1513-2, using the methodology given in Recommendation ITU-R M.1583-1, and the radio astronomy antenna pattern described in Recommendation ITU-R RA.1631-0. ( 373 ) 5.373 Maritime mobile earth stations receiving in the frequency band 1621.35-1626.5 MHz shall not impose additional constraints on earth stations operating in the maritime mobile-satellite service or maritime earth stations of the radiodetermination-satellite service operating in accordance with the Radio Regulations in the frequency band 1610-1621.35 MHz or on earth stations operating in the maritime mobile-satellite service operating in accordance with the Radio Regulations in the frequency band 1626.5-1660.5 MHz, unless otherwise agreed between the notifying administrations. ( i ) 5.373A Maritime mobile earth stations receiving in the frequency band 1621.35-1626.5 MHz shall not impose constraints on the assignments of earth stations of the mobile-satellite service (Earth-to-space) and the radiodetermination-satellite service (Earth-to-space) in the frequency band 1621.35-1626.5 MHz in networks for which complete coordination information has been received by the Radiocommunication Bureau before 28 October 2019. ( ii ) [Reserved] ( 374 ) 5.374 Mobile earth stations in the mobile-satellite service operating in the bands 1631.5-1634.5 MHz and 1656.5-1660 MHz shall not cause harmful interference to stations in the fixed service operating in the countries listed in paragraph (b)(359) of this section. ( 375 ) 5.375 The use of the band 1645.5-1646.5 MHz by the mobile-satellite service (Earth-to-space) and for inter-satellite links is limited to distress and safety communications (see Article 31). ( 376 ) 5.376 Transmissions in the band 1646.5-1656.5 MHz from aircraft stations in the aeronautical mobile (R) service directly to terrestrial aeronautical stations, or between aircraft stations, are also authorized when such transmissions are used to extend or supplement the aircraft-to-satellite links. ( i ) 5.376A Mobile earth stations operating in the band 1660-1660.5 MHz shall not cause harmful interference to stations in the radio astronomy service. ( ii ) [Reserved] ( 377 ) - ( 378 ) [Reserved] ( 379 ) 5.379 Additional allocation: in Bangladesh, India, Indonesia, Nigeria and Pakistan, the band 1660.5-1668.4 MHz is also allocated to the meteorological aids service on a secondary basis. ( i ) 5.379A Administrations are urged to give all practicable protection in the band 1660.5-1668.4 MHz for future research in radio astronomy, particularly by eliminating air-to-ground transmissions in the meteorological aids service in the band 1664.4-1668.4 MHz as soon as practicable. ( ii ) 5.379B The use of the band 1668-1675 MHz by the mobile-satellite service is subject to coordination under No. 9.11A. In the band 1668-1668.4 MHz, Resolution 904 (WRC-07) shall apply. ( iii ) 5.379C In order to protect the radio astronomy service in the band 1668-1670 MHz, the aggregate power flux-density values produced by mobile earth stations in a network of the mobile-satellite service operating in this band shall not exceed −181 dB(W/m 2 ) in 10 MHz and −194 dB(W/m 2 ) in any 20 kHz at any radio astronomy station recorded in the Master International Frequency Register, for more than 2% of integration periods of 2000 s. ( iv ) 5.379D For sharing of the band 1668.4-1675 MHz between the mobile-satellite service and the fixed and mobile services, Resolution 744 (Rev.WRC-07) shall apply. ( v ) 5.379E In the band 1668.4-1675 MHz, stations in the mobile-satellite service shall not cause harmful interference to stations in the meteorological aids service in China, Iran (Islamic Republic of), Japan and Uzbekistan. In the band 1668.4-1675 MHz, administrations are urged not to implement new systems in the meteorological aids service and are encouraged to migrate existing meteorological aids service operations to other bands as soon as practicable. ( 380 ) 5.380A In the band 1670-1675 MHz, stations in the mobile-satellite service shall not cause harmful interference to, nor constrain the development of, existing earth stations in the meteorological-satellite service notified before 1 January 2004. Any new assignment to these earth stations in this band shall also be protected from harmful interference from stations in the mobile-satellite service. ( 381 ) 5.381 Additional allocation: in Afghanistan, Cuba, India, Iran (Islamic Republic of) and Pakistan, the band 1690-1700 MHz is also allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. ( 382 ) 5.382 Different category of service: in Saudi Arabia, Armenia, Azerbaijan, Bahrain, Belarus, Congo (Rep. of the), Egypt, the United Arab Emirates, Eritrea, Ethiopia, the Russian Federation, Guinea, Iraq, Israel, Jordan, Kazakhstan, Kuwait, Lebanon, North Macedonia, Mauritania, Moldova, Mongolia, Oman, Uzbekistan, Poland, Qatar, the Syrian Arab Republic, Kyrgyzstan, Somalia, Tajikistan, Turkmenistan, Ukraine and Yemen, the allocation of the frequency band 1690-1700 MHz to the fixed and mobile, except aeronautical mobile, services is on a primary basis (see No. 5.33), and in the Dem. People's Rep. of Korea, the allocation of the frequency band 1690-1700 MHz to the fixed service is on a primary basis (see No. 5.33) and to the mobile, except aeronautical mobile, service on a secondary basis. ( 383 ) [Reserved] ( 384 ) 5.384 Additional allocation: in India, Indonesia and Japan, the band 1700-1710 MHz is also allocated to the space research service (space-to-Earth) on a primary basis. ( i ) 5.384A The frequency bands 1710-1885 MHz, 2300-2400 MHz and 2500-2690 MHz, or portions thereof, are identified for use by administrations wishing to implement International Mobile Telecommunications (IMT) in accordance with Resolution 223 (Rev.WRC-19). This identification does not preclude the use of these frequency bands by any application of the services to which they are allocated and does not establish priority in the Radio Regulations. ( ii ) [Reserved] ( 385 ) 5.385 Additional allocation: the band 1718.8-1722.2 MHz is also allocated to the radio astronomy service on a secondary basis for spectral line observations. ( 386 ) 5.386 Additional allocation: the frequency band 1750-1850 MHz is also allocated to the space operation (Earth-to-space) and space research (Earth-to-space) services in Region 2 (except in Mexico), in Australia, Guam, India, Indonesia and Japan on a primary basis, subject to agreement obtained under No. 9.21, having particular regard to troposcatter systems. ( 387 ) 5.387 Additional allocation: in Belarus, Georgia, Kazakhstan, Kyrgyzstan, Romania, Tajikistan and Turkmenistan, the band 1770-1790 MHz is also allocated to the meteorological-satellite service on a primary basis, subject to agreement obtained under No. 9.21. ( 388 ) 5.388 The frequency bands 1885-2025 MHz and 2110-2200 MHz are intended for use, on a worldwide basis, by administrations wishing to implement International Mobile Telecommunications (IMT). Such use does not preclude the use of these frequency bands by other services to which they are allocated. The frequency bands should be made available for IMT in accordance with Resolution 212 (Rev.WRC-19) (see also Resolution 223 (Rev.WRC-19)). ( i ) 5.388A In Regions 1 and 3, the bands 1885-1980 MHz, 2010-2025 MHz and 2110-2170 MHz and, in Region 2, the bands 1885-1980 MHz and 2110-2160 MHz may be used by high altitude platform stations as base stations to provide International Mobile Telecommunications (IMT), in accordance with Resolution 221 (Rev.WRC-07). Their use by IMT applications using high altitude platform stations as base stations does not preclude the use of these bands by any station in the services to which they are allocated and does not establish priority in the Radio Regulations. ( ii ) 5.388B In Algeria, Saudi Arabia, Bahrain, Benin, Burkina Faso, Cameroon, Comoros, Côte d'Ivoire, China, Cuba, Djibouti, Egypt, United Arab Emirates, Eritrea, Ethiopia, Gabon, Ghana, India, Iran (Islamic Republic of), Israel, Jordan, Kenya, Kuwait, Lebanon, Libya, Mali, Morocco, Mauritania, Nigeria, Oman, Uganda, Pakistan, Qatar, the Syrian Arab Republic, Senegal, Singapore, Sudan, South Sudan, Tanzania, Chad, Togo, Tunisia, Yemen, Zambia and Zimbabwe, for the purpose of protecting fixed and mobile services, including IMT mobile stations, in their territories from co-channel interference, a high altitude platform station (HAPS) operating as an IMT base station in neighbouring countries, in the frequency bands referred to in paragraph (b)(388)(i) of this section, shall not exceed a co-channel power flux-density of −127 dB(W/(m 2 · MHz)) at the Earth's surface outside a country's borders unless explicit agreement of the affected administration is provided at the time of the notification of HAPS. ( 389 ) 5.389A The use of the bands 1980-2010 MHz and 2170-2200 MHz by the mobile-satellite service is subject to coordination under No. 9.11A and to the provisions of Resolution 716 (Rev.WRC-12). ( i ) 5.389B The use of the frequency band 1980-1990 MHz by the mobile-satellite service shall not cause harmful interference to or constrain the development of the fixed and mobile services in Argentina, Brazil, Canada, Chile, Ecuador, the United States, Honduras, Jamaica, Mexico, Paraguay, Peru, Suriname, Trinidad and Tobago, Uruguay and Venezuela. ( ii ) 5.389C The use of the bands 2010-2025 MHz and 2160-2170 MHz in Region 2 by the mobile-satellite service is subject to coordination under No. 9.11A and to the provisions of Resolution 716 (Rev.WRC-12). ( iii ) 5.389E The use of the bands 2010-2025 MHz and 2160-2170 MHz by the mobile-satellite service in Region 2 shall not cause harmful interference to or constrain the development of the fixed and mobile services in Regions 1 and 3. ( iv ) 5.389F In Algeria, Cape Verde, Egypt, Iran (Islamic Republic of), Mali, Syrian Arab Republic and Tunisia, the use of the frequency bands 1980-2010 MHz and 2170-2200 MHz by the mobile-satellite service shall neither cause harmful interference to the fixed and mobile services, nor hamper the development of those services prior to 1 January 2005, nor shall the former service request protection from the latter services. ( 390 ) [Reserved] ( 391 ) 5.391 In making assignments to the mobile service in the frequency bands 2025-2110 MHz and 2200-2290 MHz, administrations shall not introduce high-density mobile systems, as described in Recommendation ITU-R SA.1154-0, and shall take that Recommendation into account for the introduction of any other type of mobile system. ( 392 ) 5.392 Administrations are urged to take all practicable measures to ensure that space-to-space transmissions between two or more non-geostationary satellites, in the space research, space operations and Earth exploration-satellite services in the bands 2025-2110 MHz and 2200-2290 MHz, shall not impose any constraints on Earth-to-space, space-to-Earth and other space-to-space transmissions of those services and in those bands between geostationary and non-geostationary satellites. ( 393 ) 5.393 Additional allocation: in Canada, the United States and India, the frequency band 2310-2360 MHz is also allocated to the broadcasting-satellite service (sound) and complementary terrestrial sound broadcasting service on a primary basis. Such use is limited to digital audio broadcasting and is subject to the provisions of Resolution 528 (Rev.WRC-19), with the exception of resolves 3 in regard to the limitation on broadcasting-satellite systems in the upper 25 MHz. Complementary terrestrial sound broadcasting stations shall be subject to bilateral coordination with neighbouring countries prior to their bringing into use. ( 394 ) 5.394 In the United States, the use of the band 2300-2390 MHz by the aeronautical mobile service for telemetry has priority over other uses by the mobile services. In Canada, the use of the band 2360-2400 MHz by the aeronautical mobile service for telemetry has priority over other uses by the mobile services. ( 395 ) 5.395 In France and Turkey, the use of the band 2310-2360 MHz by the aeronautical mobile service for telemetry has priority over other uses by the mobile service. ( 396 ) [Reserved] ( 397 ) [Reserved] ( 398 ) 5.398 In respect of the radiodetermination-satellite service in the band 2483.5-2500 MHz, the provisions of No. 4.10 do not apply. ( i ) 5.398A Different category of service: in Armenia, Azerbaijan, Belarus, the Russian Federation, Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan and Ukraine, the band 2483.5-2500 MHz is allocated on a primary basis to the radiolocation service. The radiolocation stations in these countries shall not cause harmful interference to, or claim protection from, stations of the fixed, mobile and mobile-satellite services operating in accordance with the Radio Regulations in the frequency band 2483.5-2500 MHz. ( ii ) [Reserved] ( 399 ) 5.399 Except for cases referred to in paragraph (b)(401) of this section, stations of the radiodetermination-satellite service operating in the frequency band 2483.5-2500 MHz for which notification information is received by the Bureau after 17 February 2012, and the service area of which includes Armenia, Azerbaijan, Belarus, the Russian Federation, Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan and Ukraine, shall not cause harmful interference to, and shall not claim protection from stations of the radiolocation service operating in these countries in accordance with paragraph (b)(398)(i) of this section. ( 400 ) [Reserved] ( 401 ) 5.401 In Angola, Australia, Bangladesh, China, Eritrea, Eswatini, Ethiopia, India, Lebanon, Liberia, Libya, Madagascar, Mali, Pakistan, Papua New Guinea, Syrian Arab Republic, Dem. Rep. of the Congo, Sudan, Togo and Zambia, the frequency band 2483.5-2500 MHz was already allocated on a primary basis to the radiodetermination-satellite service before WRC-12, subject to agreement obtained under No. 9.21 from countries not listed in this provision. Systems in the radiodetermination-satellite service for which complete coordination information has been received by the Radiocommunication Bureau before 18 February 2012 will retain their regulatory status, as of the date of receipt of the coordination request information. ( 402 ) 5.402 The use of the band 2483.5-2500 MHz by the mobile-satellite and the radiodetermination-satellite services is subject to the coordination under No. 9.11A. Administrations are urged to take all practicable steps to prevent harmful interference to the radio astronomy service from emissions in the 2483.5-2500 MHz band, especially those caused by second-harmonic radiation that would fall into the 4990-5000 MHz band allocated to the radio astronomy service worldwide. ( 403 ) 5.403 Subject to agreement obtained under No. 9.21, the band 2520-2535 MHz may also be used for the mobile-satellite (space-to-Earth), except aeronautical mobile-satellite, service for operation limited to within national boundaries. The provisions of No. 9.11A apply. ( 404 ) 5.404 Additional allocation: in India and Iran (Islamic Republic of), the band 2500-2516.5 MHz may also be used for the radiodetermination-satellite service (space-to-Earth) for operation limited to within national boundaries, subject to agreement obtained under No. 9.21. ( 405 ) - ( 406 ) [Reserved] ( 407 ) 5.407 In the band 2500-2520 MHz, the power flux-density at the surface of the Earth from space stations operating in the mobile-satellite (space-to-Earth) service shall not exceed −152 dB (W/(m 2 · 4 kHz)) in Argentina, unless otherwise agreed by the administrations concerned. ( 408 ) - ( 409 ) [Reserved] ( 410 ) 5.410 The band 2500-2690 MHz may be used for tropospheric scatter systems in Region 1, subject to agreement obtained under No. 9.21. No. 9.21 does not apply to tropospheric scatter links situated entirely outside Region 1. Administrations shall make all practicable efforts to avoid developing new tropospheric scatter systems in this band. When planning new tropospheric scatter radio-relay links in this band, all possible measures shall be taken to avoid directing the antennas of these links towards the geostationary-satellite orbit. ( 411 ) [Reserved] ( 412 ) 5.412 Alternative allocation: in Kyrgyzstan and Turkmenistan, the band 2500-2690 MHz is allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. ( 413 ) 5.413 In the design of systems in the broadcasting-satellite service in the bands between 2500 MHz and 2690 MHz, administrations are urged to take all necessary steps to protect the radio astronomy service in the band 2690-2700 MHz. ( 414 ) 5.414 The allocation of the frequency band 2500-2520 MHz to the mobile-satellite service (space-to-Earth) is subject to coordination under No. 9.11A. ( i ) 5.414A In Japan and India, the use of the bands 2500-2520 MHz and 2520-2535 MHz, under paragraph (b)(403) of this section, by a satellite network in the mobile-satellite service (space-to-Earth) is limited to operation within national boundaries and subject to the application of No. 9.11A. The following pfd values shall be used as a threshold for coordination under No. 9.11A, for all conditions and for all methods of modulation, in an area of 1000 km around the territory of the administration notifying the mobile-satellite service network: −136 dB(W/(m 2 · MHz)) for 0° ≤ θ ≤ 5°,−136 + 0.55 (θ − 5) dB(W/(m 2 · MHz)) for 5° < θ ≤ 25°, and −125 dB(W/(m 2 · MHz)) for 25° < θ ≤ 90°, where θ is the angle of arrival of the incident wave above the horizontal plane, in degrees. Outside this area Table 21-4 of Article 21 shall apply. Furthermore, the coordination thresholds in Table 5-2 of Annex 1 to Appendix 5 of the Radio Regulations (Edition of 2004), in conjunction with the applicable provisions of Articles 9 and 11 associated with No. 9.11A, shall apply to systems for which complete notification information has been received by the Radicommunication Bureau by 14 November 2007 and that have been brought into use by that date. 5.415 The use of the bands 2500-2690 MHz in Region 2 and 2500-2535 MHz and 2655-2690 MHz in Region 3 by the fixed-satellite service is limited to national and regional systems, subject to agreement obtained under No. 9.21, giving particular attention to the broadcasting-satellite service in Region 1. ( ii ) [Reserved] ( 415 ) 5.415A Additional allocation: in India and Japan, subject to agreement obtained under No. 9.21, the band 2515-2535 MHz may also be used for the aeronautical mobile-satellite service (space-to-Earth) for operation limited to within their national boundaries. ( 416 ) 5.416 The use of the band 2520-2670 MHz by the broadcasting-satellite service is limited to national and regional systems for community reception, subject to agreement obtained under No. 9.21. The provisions of No. 9.19 shall be applied by administrations in this band in their bilateral and multilateral negotiations. ( 417 ) [Reserved] ( 418 ) 5.418 Additional allocation: in India, the frequency band 2535-2655 MHz is also allocated to the broadcasting-satellite service (sound) and complementary terrestrial broadcasting service on a primary basis. Such use is limited to digital audio broadcasting and is subject to the provisions of Resolution 528 (Rev.WRC-19). The provisions of paragraph (b)(416) of this section and Table 21-4 of Article 21 do not apply to this additional allocation. Use of non-geostationary-satellite systems in the broadcasting-satellite service (sound) is subject to Resolution 539 (Rev.WRC-19). Geostationary broadcasting-satellite service (sound) systems for which complete Appendix 4 coordination information has been received after 1 June 2005 are limited to systems intended for national coverage. The power flux-density at the Earth's surface produced by emissions from a geostationary broadcasting-satellite service (sound) space station operating in the frequency band 2630-2655 MHz, and for which complete Appendix 4 coordination information has been received after 1 June 2005, shall not exceed the following limits, for all conditions and for all methods of modulation: −130 dB(W/(m 2 · MHz)) for 0° ≤ θ ≤ 5°, −130 + 0.4 (θ-5) dB(W/(m 2 · MHz)) for 5° < θ ≤ 25°, −122 dB(W/(m 2 · MHz)) for 25° < θ ≤ 90°, where θ is the angle of arrival of the incident wave above the horizontal plane, in degrees. These limits may be exceeded on the territory of any country whose administration has so agreed. As an exception to the limits provided in this paragraph (b)(418) , the pfd value of −122 dB(W/(m 2 · MHz)) shall be used as a threshold for coordination under No. 9.11 in an area of 1500 km around the territory of the administration notifying the broadcasting-satellite service (sound) system. In addition, an administration listed in this provision shall not have simultaneously two overlapping frequency assignments, one under this provision and the other under paragraph (b)(416) of this section for systems for which complete Appendix 4 coordination information has been received after 1 June 2005. ( 419 ) 5.419 When introducing systems of the mobile-satellite service in the band 2670-2690 MHz, administrations shall take all necessary steps to protect the satellite systems operating in this band prior to 3 March 1992. The coordination of mobile-satellite systems in the band shall be in accordance with No. 9.11A. ( 420 ) 5.420 The band 2655-2670 MHz may also be used for the mobile-satellite (Earth-to-space), except aeronautical mobile-satellite, service for operation limited to within national boundaries, subject to agreement obtained under No. 9.21. The coordination under No. 9.11A applies. ( 421 ) [Reserved] ( 422 ) 5.422 Additional allocation: in Saudi Arabia, Armenia, Azerbaijan, Bahrain, Belarus, Brunei Darussalam, Congo (Rep. of the), Côte d'Ivoire, Cuba, Djibouti, Egypt, the United Arab Emirates, Eritrea, Ethiopia, Gabon, Georgia, Guinea, Guinea-Bissau, Iran (Islamic Republic of), Iraq, Israel, Jordan, Kuwait, Lebanon, Mauritania, Mongolia, Montenegro, Nigeria, Oman, Pakistan, the Philippines, Qatar, Syrian Arab Republic, Kyrgyzstan, the Dem. Rep. of the Congo, Romania, Somalia, Tajikistan, Tunisia, Turkmenistan, Ukraine and Yemen, the band 2690-2700 MHz is also allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. Such use is limited to equipment in operation by 1 January 1985. ( 423 ) 5.423 In the band 2700-2900 MHz, ground-based radars used for meteorological purposes are authorized to operate on a basis of equality with stations of the aeronautical radionavigation service. ( 424 ) 5.424 Additional allocation: in Canada, the band 2850-2900 MHz is also allocated to the maritime radionavigation service, on a primary basis, for use by shore-based radars. ( i ) 5.424A In the band 2900-3100 MHz, stations in the radiolocation service shall not cause harmful interference to, nor claim protection from, radar systems in the radionavigation service. ( ii ) [Reserved] ( 425 ) 5.425 In the band 2900-3100 MHz, the use of the shipborne interrogator-transponder (SIT) system shall be confined to the sub-band 2930-2950 MHz. ( 426 ) 5.426 The use of the band 2900-3100 MHz by the aeronautical radionavigation service is limited to ground-based radars. ( 427 ) 5.427 In the bands 2900-3100 MHz and 9300-9500 MHz, the response from radar transponders shall not be capable of being confused with the response from radar beacons (racons) and shall not cause interference to ship or aeronautical radars in the radionavigation service, having regard, however, to No. 4.9. ( 428 ) 5.428 Additional allocation: in Kyrgyzstan and Turkmenistan, the frequency band 3100-3300 MHz is also allocated to the radionavigation service on a primary basis. ( 429 ) 5.429 Additional allocation: in Saudi Arabia, Bahrain, Bangladesh, Benin, Brunei Darussalam, Cambodia, Cameroon, China, Congo (Rep. of the), Korea (Rep. of), Côte d'Ivoire, Egypt, the United Arab Emirates, India, Indonesia, Iran (Islamic Republic of), Iraq, Japan, Jordan, Kenya, Kuwait, Lebanon, Libya, Malaysia, New Zealand, Oman, Uganda, Pakistan, Qatar, the Syrian Arab Republic, the Dem. Rep. of the Congo, the Dem. People's Rep. of Korea, Sudan and Yemen, the frequency band 3300-3400 MHz is also allocated to the fixed and mobile services on a primary basis. New Zealand and the countries bordering the Mediterranean shall not claim protection for their fixed and mobile services from the radiolocation service. ( i ) 5.429A Additional allocation: in Angola, Benin, Botswana, Burkina Faso, Burundi, Djibouti, Eswatini, Ghana, Guinea, Guinea-Bissau, Lesotho, Liberia, Malawi, Mauritania, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sudan, South Sudan, South Africa, Tanzania, Chad, Togo, Zambia and Zimbabwe, the frequency band 3300-3400 MHz is allocated to the mobile, except aeronautical mobile, service on a primary basis. Stations in the mobile service operating in the frequency band 3300-3400 MHz shall not cause harmful interference to, or claim protection from, stations operating in the radiolocation service. ( ii ) 5.429B In the following countries of Region 1 south of 30° parallel north: Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Congo (Rep. of the), Côte d'Ivoire, Egypt, Eswatini, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Malawi, Mauritania, Mozambique, Namibia, Niger, Nigeria, Uganda, the Dem. Rep. of the Congo, Rwanda, Sudan, South Sudan, South Africa, Tanzania, Chad, Togo, Zambia and Zimbabwe, the frequency band 3300-3400 MHz is identified for the implementation of International Mobile Telecommunications (IMT). The use of this frequency band shall be in accordance with Resolution 223 (Rev.WRC-19). The use of the frequency band 3300-3400 MHz by IMT stations in the mobile service shall not cause harmful interference to, or claim protection from, systems in the radiolocation service, and administrations wishing to implement IMT shall obtain the agreement of neighbouring countries to protect operations within the radiolocation service. This identification does not preclude the use of this frequency band by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. ( iii ) 5.429C Different category of service: in Argentina, Belize, Brazil, Chile, Colombia, Costa Rica, the Dominican Republic, El Salvador, Ecuador, Guatemala, Mexico, Paraguay and Uruguay, the frequency band 3300-3400 MHz is allocated to the mobile, except aeronautical mobile, service on a primary basis. In Argentina, Brazil, the Dominican Republic, Guatemala, Mexico, Paraguay and Uruguay, the frequency band 3300-3400 MHz is also allocated to the fixed service on a primary basis. Stations in the fixed and mobile services operating in the frequency band 3300-3400 MHz shall not cause harmful interference to, or claim protection from, stations operating in the radiolocation service. ( iv ) 5.429D In the following countries in Region 2: Argentina, Belize, Brazil, Chile, Colombia, Costa Rica, the Dominican Republic, El Salvador, Ecuador, Guatemala, Mexico, Paraguay and Uruguay, the use of the frequency band 3300-3400 MHz is identified for the implementation of International Mobile Telecommunications (IMT). Such use shall be in accordance with Resolution 223 (Rev.WRC-19). This use in Argentina, Paraguay and Uruguay is subject to the application of No. 9.21. The use of the frequency band 3300-3400 MHz by IMT stations in the mobile service shall not cause harmful interference to, or claim protection from, systems in the radiolocation service, and administrations wishing to implement IMT shall obtain the agreement of neighbouring countries to protect operations within the radiolocation service. This identification does not preclude the use of this frequency band by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. ( v ) 5.429E Additional allocation: in Papua New Guinea, the frequency band 3300-3400 MHz is allocated to the mobile, except aeronautical mobile, service on a primary basis. Stations in the mobile service operating in the frequency band 3300-3400 MHz shall not cause harmful interference to, or claim protection from, stations operating in the radiolocation service. ( vi ) 5.429F In the following countries in Region 3: Cambodia, India, Indonesia, Lao P.D.R., Pakistan, the Philippines and Viet Nam, the use of the frequency band 3300-3400 MHz is identified for the implementation of International Mobile Telecommunications (IMT). Such use shall be in accordance with Resolution 223 (Rev.WRC-19). The use of the frequency band 3300-3400 MHz by IMT stations in the mobile service shall not cause harmful interference to, or claim protection from, systems in the radiolocation service. Before an administration brings into use a base or mobile station of an IMT system in this frequency band, it shall seek agreement under No. 9.21 with neighbouring countries to protect the radiolocation service. This identification does not preclude the use of this frequency band by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. ( 430 ) 5.430 Additional allocation: in Kyrgyzstan and Turkmenistan, the frequency band 3300-3400 MHz is also allocated to the radionavigation service on a primary basis. ( i ) 5.430A The allocation of the frequency band 3400-3600 MHz to the mobile, except aeronautical mobile, service is subject to agreement obtained under No. 9.21. This frequency band is identified for International Mobile Telecommunications (IMT). This identification does not preclude the use of this frequency band by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. The provisions of Nos. 9.17 and 9.18 shall also apply in the coordination phase. Before an administration brings into use a (base or mobile) station of the mobile service in this frequency band, it shall ensure that the power flux-density (pfd) produced at 3 m above ground does not exceed −154.5 dB(W/(m 2 ⋅ 4 kHz)) for more than 20% of time at the border of the territory of any other administration. This limit may be exceeded on the territory of any country whose administration has so agreed. In order to ensure that the pfd limit at the border of the territory of any other administration is met, the calculations and verification shall be made, taking into account all relevant information, with the mutual agreement of both administrations (the administration responsible for the terrestrial station and the administration responsible for the earth station) and with the assistance of the Bureau if so requested. In case of disagreement, calculation and verification of the pfd shall be made by the Bureau, taking into account the information referred to above. Stations of the mobile service in the frequency band 3400-3600 MHz shall not claim more protection from space stations than that provided in Table 21-4 of the Radio Regulations (Edition of 2004). ( ii ) [Reserved] ( 431 ) 5.431 Additional allocation: in Germany, the frequency band 3400-3475 MHz is also allocated to the amateur service on a secondary basis. ( i ) 5.431A In Region 2, the allocation of the frequency band 3400-3500 MHz to the mobile, except aeronautical mobile, service on a primary basis is subject to agreement obtained under No. 9.21. ( ii ) 5.431B In Region 2, the frequency band 3400-3600 MHz is identified for use by administrations wishing to implement International Mobile Telecommunications (IMT). This identification does not preclude the use of this frequency band by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. At the stage of coordination the provisions of Nos. 9.17 and 9.18 also apply. Before an administration brings into use a base or mobile station of an IMT system, it shall seek agreement under No. 9.21 with other administrations and ensure that the power flux-density (pfd) produced at 3 m above ground does not exceed −154.5 dB(W/(m 2 · 4 kHz)) for more than 20% of time at the border of the territory of any other administration. This limit may be exceeded on the territory of any country whose administration has so agreed. In order to ensure that the pfd limit at the border of the territory of any other administration is met, the calculations and verification shall be made, taking into account all relevant information, with the mutual agreement of both administrations (the administration responsible for the terrestrial station and the administration responsible for the earth station), with the assistance of the Bureau if so requested. In case of disagreement, the calculation and verification of the pfd shall be made by the Bureau, taking into account the information referred to in this paragraph (b)(431)(ii) . Stations of the mobile service, including IMT systems, in the frequency band 3400-3600 MHz shall not claim more protection from space stations than that provided in Table 21-4 of the Radio Regulations (Edition of 2004). ( 432 ) 5.432 Different category of service: in Korea (Rep. of), Japan, Pakistan and the Dem. People's Rep. of Korea, the allocation of the frequency band 3400-3500 MHz to the mobile, except aeronautical mobile, service is on a primary basis (see No. 5.33). ( i ) 5.432A In Korea (Rep. of), Japan, Pakistan and the Dem. People's Rep. of Korea, the frequency band 3400-3500 MHz is identified for International Mobile Telecommunications (IMT). This identification does not preclude the use of this frequency band by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. At the stage of coordination the provisions of Nos. 9.17 and 9.18 also apply. Before an administration brings into use a (base or mobile) station of the mobile service in this frequency band it shall ensure that the power flux-density (pfd) produced at 3 m above ground does not exceed −154.5 dB(W/(m 2 ⋅ 4 kHz)) for more than 20% of time at the border of the territory of any other administration. This limit may be exceeded on the territory of any country whose administration has so agreed. In order to ensure that the pfd limit at the border of the territory of any other administration is met, the calculations and verification shall be made, taking into account all relevant information, with the mutual agreement of both administrations (the administration responsible for the terrestrial station and the administration responsible for the earth station), with the assistance of the Bureau if so requested. In case of disagreement, the calculation and verification of the pfd shall be made by the Bureau, taking into account the information referred to in this paragraph (i) . Stations of the mobile service in the frequency band 3400-3500 MHz shall not claim more protection from space stations than that provided in Table 21-4 of the Radio Regulations (Edition of 2004). ( ii ) 5.432B Different category of service: in Australia, Bangladesh, Brunei Darussalam, China, French overseas communities of Region 3, India, Indonesia, Iran (Islamic Republic of), Malaysia, New Zealand, the Philippines, Singapore and Thailand, the frequency band 3400-3500 MHz is allocated to the mobile, except aeronautical mobile, service on a primary basis, subject to agreement obtained under No. 9.21 with other administrations and is identified for International Mobile Telecommunications (IMT). This identification does not preclude the use of this frequency band by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. At the stage of coordination the provisions of Nos. 9.17 and 9.18 also apply. Before an administration brings into use a (base or mobile) station of the mobile service in this frequency band it shall ensure that the power flux-density (pfd) produced at 3 m above ground does not exceed −154.5 dB(W/(m 2 ⋅ 4 kHz)) for more than 20% of time at the border of the territory of any other administration. This limit may be exceeded on the territory of any country whose administration has so agreed. In order to ensure that the pfd limit at the border of the territory of any other administration is met, the calculations and verification shall be made, taking into account all relevant information, with the mutual agreement of both administrations (the administration responsible for the terrestrial station and the administration responsible for the earth station), with the assistance of the Bureau if so requested. In case of disagreement, the calculation and verification of the pfd shall be made by the Bureau, taking into account the information referred to in this paragraph (ii) . Stations of the mobile service in the frequency band 3400-3500 MHz shall not claim more protection from space stations than that provided in Table 21-4 of the Radio Regulations (Edition of 2004). ( 433 ) 5.433 In Regions 2 and 3, in the band 3400-3600 MHz the radiolocation service is allocated on a primary basis. However, all administrations operating radiolocation systems in this band are urged to cease operations by 1985. Thereafter, administrations shall take all practicable steps to protect the fixed-satellite service and coordination requirements shall not be imposed on the fixed-satellite service. ( i ) 5.433A In Australia, Bangladesh, Brunei Darussalam, China, French overseas communities of Region 3, Korea (Rep. of), India, Indonesia, Iran (Islamic Republic of), Japan, New Zealand, Pakistan, the Philippines and the Dem. People's Rep. of Korea, the frequency band 3500-3600 MHz is identified for International Mobile Telecommunications (IMT). This identification does not preclude the use of this frequency band by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. At the stage of coordination the provisions of Nos. 9.17 and 9.18 also apply. Before an administration brings into use a (base or mobile) station of the mobile service in this frequency band it shall ensure that the power flux-density (pfd) produced at 3 m above ground does not exceed −154.5 dB (W/(m 2 · 4 kHz)) for more than 20% of time at the border of the territory of any other administration. This limit may be exceeded on the territory of any country whose administration has so agreed. In order to ensure that the pfd limit at the border of the territory of any other administration is met, the calculations and verification shall be made, taking into account all relevant information, with the mutual agreement of both administrations (the administration responsible for the terrestrial station and the administration responsible for the earth station), with the assistance of the Bureau if so requested. In case of disagreement, the calculation and verification of the pfd shall be made by the Bureau, taking into account the information referred to in this paragraph (i) . Stations of the mobile service in the frequency band 3500-3600 MHz shall not claim more protection from space stations than that provided in Table 21-4 of the Radio Regulations (Edition of 2004). ( ii ) [Reserved] ( 434 ) 5.434 In Canada, Chile, Colombia, Costa Rica, El Salvador, the United States and Paraguay, the frequency band 3600-3700 MHz, or portions thereof, is identified for use by these administrations wishing to implement International Mobile Telecommunications (IMT). This identification does not preclude the use of this frequency band by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. At the stage of coordination the provisions of Nos. 9.17 and 9.18 also apply. Before an administration brings into use a base or mobile station of an IMT system, it shall seek agreement under No. 9.21 with other administrations and ensure that the power flux-density (pfd) produced at 3 m above ground does not exceed −154.5 dB(W/(m 2 · 4 kHz)) for more than 20% of time at the border of the territory of any other administration. This limit may be exceeded on the territory of any country whose administration has so agreed. In order to ensure that the pfd limit at the border of the territory of any other administration is met, the calculations and verification shall be made, taking into account all relevant information, with the mutual agreement of both administrations (the administration responsible for the terrestrial station and the administration responsible for the earth station), with the assistance of the Bureau if so requested. In case of disagreement, the calculation and verification of the pfd shall be made by the Bureau, taking into account the information referred to in this paragraph (434) . Stations of the mobile service, including IMT systems, in the frequency band 3600-3700 MHz shall not claim more protection from space stations than that provided in Table 21-4 of the Radio Regulations (Edition of 2004). ( 435 ) 5.435 In Japan, in the band 3620-3700 MHz, the radiolocation service is excluded. ( 436 ) 5.436 Use of the frequency band 4200-4400 MHz by stations in the aeronautical mobile (R) service is reserved exclusively for wireless avionics intra-communication systems that operate in accordance with recognized international aeronautical standards. Such use shall be in accordance with Resolution 424 (WRC-15). ( 437 ) 5.437 Passive sensing in the Earth exploration-satellite and space research services may be authorized in the frequency band 4200-4400 MHz on a secondary basis. ( 438 ) 5.438 Use of the frequency band 4200-4400 MHz by the aeronautical radionavigation service is reserved exclusively for radio altimeters installed on board aircraft and for the associated transponders on the ground. ( 439 ) 5.439 Additional allocation: in Iran (Islamic Republic of), the band 4200-4400 MHz is also allocated to the fixed service on a secondary basis. ( 440 ) 5.440 The standard frequency and time signal-satellite service may be authorized to use the frequency 4202 MHz for space-to-Earth transmissions and the frequency 6427 MHz for Earth-to-space transmissions. Such transmissions shall be confined within the limits of ± 2 MHz of these frequencies, subject to agreement obtained under No. 9.21. ( i ) 5.440A In Region 2 (except Brazil, Cuba, French overseas departments and communities, Guatemala, Paraguay, Uruguay and Venezuela), and in Australia, the band 4400-4940 MHz may be used for aeronautical mobile telemetry for flight testing by aircraft stations (see No. 1.83). Such use shall be in accordance with Resolution 416 (WRC-07) and shall not cause harmful interference to, nor claim protection from, the fixed-satellite and fixed services. Any such use does not preclude the use of this band by other mobile service applications or by other services to which this band is allocated on a co-primary basis and does not establish priority in the Radio Regulations. ( ii ) [Reserved] ( 441 ) 5.441 The use of the bands 4500-4800 MHz (space-to-Earth), 6725-7025 MHz (Earth-to-space) by the fixed-satellite service shall be in accordance with the provisions of Appendix 30B. The use of the bands 10.7-10.95 GHz (space-to-Earth), 11.2-11.45 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by geostationary-satellite systems in the fixed-satellite service shall be in accordance with the provisions of Appendix 30B. The use of the bands 10.7-10.95 GHz (space-to-Earth), 11.2-11.45 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by a non-geostationary-satellite system in the fixed-satellite service is subject to application of the provisions of No. 9.12 for coordination with other non-geostationary-satellite systems in the fixed-satellite service. Non-geostationary-satellite systems in the fixed-satellite service shall not claim protection from geostationary-satellite networks in the fixed-satellite service operating in accordance with the Radio Regulations, irrespective of the dates of receipt by the Bureau of the complete coordination or notification information, as appropriate, for the non-geostationary-satellite systems in the fixed-satellite service and of the complete coordination or notification information, as appropriate, for the geostationary-satellite networks, and No. 5.43A does not apply. Non-geostationary-satellite systems in the fixed-satellite service in the above bands shall be operated in such a way that any unacceptable interference that may occur during their operation shall be rapidly eliminated. ( i ) 5.441A In Brazil, Paraguay and Uruguay, the frequency band 4800-4900 MHz, or portions thereof, is identified for the implementation of International Mobile Telecommunications (IMT). This identification does not preclude the use of this frequency band by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. The use of this frequency band for the implementation of IMT is subject to agreement obtained with neighbouring countries, and IMT stations shall not claim protection from stations of other applications of the mobile service. Such use shall be in accordance with Resolution 223 (Rev.WRC-19). ( ii ) 5.441B In Angola, Armenia, Azerbaijan, Benin, Botswana, Brazil, Burkina Faso, Burundi, Cambodia, Cameroon, China, Côte d'Ivoire, Djibouti, Eswatini, Russian Federation, Gambia, Guinea, Iran (Islamic Republic of), Kazakhstan, Kenya, Lao P.D.R., Lesotho, Liberia, Malawi, Mauritius, Mongolia, Mozambique, Nigeria, Uganda, Uzbekistan, the Dem. Rep. of the Congo, Kyrgyzstan, the Dem. People's Rep. of Korea, Sudan, South Africa, Tanzania, Togo, Viet Nam, Zambia and Zimbabwe, the frequency band 4800-4990 MHz, or portions thereof, is identified for use by administrations wishing to implement International Mobile Telecommunications (IMT). This identification does not preclude the use of this frequency band by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. The use of IMT stations is subject to agreement obtained under No. 9.21 with concerned administrations, and IMT stations shall not claim protection from stations of other applications of the mobile service. In addition, before an administration brings into use an IMT station in the mobile service, it shall ensure that the power flux-density (pfd) produced by this station does not exceed −155 dB(W/(m 2 · 1 MHz)) produced up to 19 km above sea level at 20 km from the coast, defined as the low-water mark, as officially recognized by the coastal State. This pfd criterion is subject to review at WRC-23. Resolution 223 (Rev.WRC-19) applies. This identification shall be effective after WRC-19. ( 442 ) 5.442 In the frequency bands 4825-4835 MHz and 4950-4990 MHz, the allocation to the mobile service is restricted to the mobile, except aeronautical mobile, service. In Region 2 (except Brazil, Cuba, Guatemala, Mexico, Paraguay, Uruguay and Venezuela), and in Australia, the frequency band 4825-4835 MHz is also allocated to the aeronautical mobile service, limited to aeronautical mobile telemetry for flight testing by aircraft stations. Such use shall be in accordance with Resolution 416 (WRC-07) and shall not cause harmful interference to the fixed service. ( 443 ) 5.443 Different category of service: in Argentina, Australia and Canada, the allocation of the bands 4825-4835 MHz and 4950-4990 MHz to the radio astronomy service is on a primary basis (see No. 5.33). ( i ) 5.443AA In the frequency bands 5000-5030 MHz and 5091-5150 MHz, the aeronautical mobile-satellite (R) service is subject to agreement obtained under No. 9.21. The use of these bands by the aeronautical mobile-satellite (R) service is limited to internationally standardized aeronautical systems. ( ii ) 5.443B In order not to cause harmful interference to the microwave landing system operating above 5030 MHz, the aggregate power flux-density produced at the Earth's surface in the frequency band 5030-5150 MHz by all the space stations within any radionavigation-satellite service system (space-to-Earth) operating in the frequency band 5010-5030 MHz shall not exceed −124.5 dB(W/m 2 ) in a 150 kHz band. In order not to cause harmful interference to the radio astronomy service in the frequency band 4990-5000 MHz, radionavigation-satellite service systems operating in the frequency band 5010-5030 MHz shall comply with the limits in the frequency band 4990-5000 MHz defined in Resolution 741 (Rev.WRC-15). ( iii ) 5.443C The use of the frequency band 5030-5091 MHz by the aeronautical mobile (R) service is limited to internationally standardized aeronautical systems. Unwanted emissions from the aeronautical mobile (R) service in the frequency band 5030-5091 MHz shall be limited to protect RNSS system downlinks in the adjacent 5010-5030 MHz band. Until such time that an appropriate value is established in a relevant ITU-R Recommendation, the e.i.r.p. density limit of −75 dBW/MHz in the frequency band 5010-5030 MHz for any AM(R)S station unwanted emission should be used. ( iv ) 5.443D In the frequency band 5030-5091 MHz, the aeronautical mobile-satellite (R) service is subject to coordination under No. 9.11A. The use of this frequency band by the aeronautical mobile-satellite (R) service is limited to internationally standardized aeronautical systems. ( 444 ) 5.444 The frequency band 5030-5150 MHz is to be used for the operation of the international standard system (microwave landing system) for precision approach and landing. In the frequency band 5030-5091 MHz, the requirements of this system shall have priority over other uses of this frequency band. For the use of the frequency band 5091-5150 MHz, paragraph (b)(444)(i) of this section and Resolution 114 (Rev.WRC-15) apply. ( i ) 5.444A The use of the allocation to the fixed-satellite service (Earth-to-space) in the frequency band 5091-5150 MHz is limited to feeder links of non-geostationary satellite systems in the mobile-satellite service and is subject to coordination under No. 9.11A. The use of the frequency band 5091-5150 MHz by feeder links of non-geostationary satellite systems in the mobile-satellite service shall be subject to application of Resolution 114 (Rev.WRC-15). Moreover, to ensure that the aeronautical radionavigation service is protected from harmful interference, coordination is required for feeder-link earth stations of the non-geostationary satellite systems in the mobile-satellite service which are separated by less than 450 km from the territory of an administration operating ground stations in the aeronautical radionavigation service. ( ii ) 5.444B The use of the frequency band 5091-5150 MHz by the aeronautical mobile service is limited to: systems operating in the aeronautical mobile (R) service and in accordance with international aeronautical standards, limited to surface applications at airports. Such use shall be in accordance with Resolution 748 (Rev.WRC-19); aeronautical telemetry transmissions from aircraft stations (see No. 1.83) in accordance with Resolution 418 (Rev.WRC-19). ( 445 ) [Reserved] ( 446 ) 5.446 Additional allocation: in the countries listed in paragraph (b)(369) of this section, the frequency band 5150-5216 MHz is also allocated to the radiodetermination-satellite service (space-to-Earth) on a primary basis, subject to agreement obtained under No. 9.21. In Region 2 (except in Mexico), the frequency band is also allocated to the radiodetermination-satellite service (space-to-Earth) on a primary basis. In Regions 1 and 3, except those countries listed in paragraph (b)(369) of this section and Bangladesh, the frequency band is also allocated to the radiodetermination-satellite service (space-to-Earth) on a secondary basis. The use by the radiodetermination-satellite service is limited to feeder links in conjunction with the radiodetermination-satellite service operating in the frequency bands 1610-1626.5 MHz and/or 2483.5-2500 MHz. The total power flux-density at the Earth's surface shall in no case exceed −159 dB (W/m 2 ) in any 4 kHz band for all angles of arrival. ( i ) 5.446A The use of the frequency bands 5150-5350 MHz and 5470-5725 MHz by the stations in the mobile, except aeronautical mobile, service shall be in accordance with Resolution 229 (Rev.WRC-19). ( ii ) 5.446B In the band 5150-5250 MHz, stations in the mobile service shall not claim protection from earth stations in the fixed-satellite service. No. 5.43A does not apply to the mobile service with respect to fixed-satellite service earth stations. ( iii ) 5.446C Additional allocation: in Region 1 (except in Algeria, Saudi Arabia, Bahrain, Egypt, United Arab Emirates, Iraq, Jordan, Kuwait, Lebanon, Morocco, Oman, Qatar, Syrian Arab Republic, Sudan, South Sudan and Tunisia), the frequency band 5150-5250 MHz is also allocated to the aeronautical mobile service on a primary basis, limited to aeronautical telemetry transmissions from aircraft stations (see No. 1.83), in accordance with Resolution 418 (Rev.WRC-19). These stations shall not claim protection from other stations operating in accordance with Article 5. No. 5.43A does not apply. ( iv ) 5.446D Additional allocation: in Brazil, the band 5150-5250 MHz is also allocated to the aeronautical mobile service on a primary basis, limited to aeronautical telemetry transmissions from aircraft stations (see No. 1.83), in accordance with Resolution 418 (Rev.WRC-19). ( 447 ) 5.447 Additional allocation: in Côte d'Ivoire, Egypt, Lebanon, the Syrian Arab Republic and Tunisia, the frequency band 5150-5250 MHz is also allocated to the mobile service, on a primary basis, subject to agreement obtained under No. 9.21. In this case, the provisions of Resolution 229 (Rev.WRC-19) do not apply. ( i ) 5.447A The allocation to the fixed-satellite service (Earth-to-space) in the band 5150-5250 MHz is limited to feeder links of non-geostationary-satellite systems in the mobile-satellite service and is subject to coordination under No. 9.11A. ( ii ) 5.447B Additional allocation: the band 5150-5216 MHz is also allocated to the fixed-satellite service (space-to-Earth) on a primary basis. This allocation is limited to feeder links of non-geostationary-satellite systems in the mobile-satellite service and is subject to provisions of No. 9.11A. The power flux-density at the Earth's surface produced by space stations of the fixed-satellite service operating in the space-to-Earth direction in the band 5150-5216 MHz shall in no case exceed −164 dB(W/m 2 ) in any 4 kHz band for all angles of arrival. ( iii ) 5.447C Administrations responsible for fixed-satellite service networks in the band 5150-5250 MHz operated under paragraphs (b)(447)(i) and (ii) of this section shall coordinate on an equal basis in accordance with No. 9.11A with administrations responsible for non-geostationary-satellite networks operated under paragraph (b)(446) of this section and brought into use prior to 17 November 1995. Satellite networks operated under paragraph (b)(446) of this section brought into use after 17 November 1995 shall not claim protection from, and shall not cause harmful interference to, stations of the fixed-satellite service operated under paragraphs (b)(447)(i) and (ii) of this section. ( iv ) 5.447D The allocation of the band 5250-5255 MHz to the space research service on a primary basis is limited to active spaceborne sensors. Other uses of the band by the space research service are on a secondary basis. ( v ) 5.447E Additional allocation: The frequency band 5250-5350 MHz is also allocated to the fixed service on a primary basis in the following countries in Region 3: Australia, Korea (Rep. of), India, Indonesia, Iran (Islamic Republic of), Japan, Malaysia, Papua New Guinea, the Philippines, Dem. People's Rep. of Korea, Sri Lanka, Thailand and Viet Nam. The use of this frequency band by the fixed service is intended for the implementation of fixed wireless access systems and shall comply with Recommendation ITU-R F.1613-0. In addition, the fixed service shall not claim protection from the radiodetermination, Earth exploration-satellite (active) and space research (active) services, but the provisions of No. 5.43A do not apply to the fixed service with respect to the Earth exploration-satellite (active) and space research (active) services. After implementation of fixed wireless access systems in the fixed service with protection for the existing radiodetermination systems, no more stringent constraints should be imposed on the fixed wireless access systems by future radiodetermination implementations. ( vi ) 5.447F In the frequency band 5250-5350 MHz, stations in the mobile service shall not claim protection from the radiolocation service, the Earth exploration-satellite service (active) and the space research service (active). The radiolocation service, the Earth exploration-satellite service (active) and the space research service (active) shall not impose more stringent conditions upon the mobile service than those stipulated in Resolution 229 (Rev.WRC-19). ( 448 ) 5.448 Additional allocation: in Kyrgyzstan, Romania and Turkmenistan, the frequency band 5250-5350 MHz is also allocated to the radionavigation service on a primary basis. ( 449 ) 5.449 The use of the band 5350-5470 MHz by the aeronautical radionavigation service is limited to airborne radars and associated airborne beacons. ( 450 ) 5.450 Additional allocation: in Austria, Azerbaijan, Iran (Islamic Republic of), Kyrgyzstan, Romania, Turkmenistan and Ukraine, the band 5470-5650 MHz is also allocated to the aeronautical radionavigation service on a primary basis. ( i ) 5.450A In the frequency band 5470-5725 MHz, stations in the mobile service shall not claim protection from radiodetermination services. The radiodetermination services shall not impose more stringent conditions upon the mobile service than those stipulated in Resolution 229 (Rev.WRC-19). ( ii ) 5.450B In the frequency band 5470-5650 MHz, stations in the radiolocation service, except ground-based radars used for meteorological purposes in the band 5600-5650 MHz, shall not cause harmful interference to, nor claim protection from, radar systems in the maritime radionavigation service. ( 451 ) 5.451 Additional allocation: in the United Kingdom, the band 5470-5850 MHz is also allocated to the land mobile service on a secondary basis. The power limits specified in Nos. 21.2, 21.3, 21.4 and 21.5 shall apply in the band 5725-5850 MHz. ( 452 ) 5.452 Between 5600 MHz and 5650 MHz, ground-based radars used for meteorological purposes are authorized to operate on a basis of equality with stations of the maritime radionavigation service. ( 453 ) 5.453 Additional allocation: in Saudi Arabia, Bahrain, Bangladesh, Brunei Darussalam, Cameroon, China, Congo (Rep. of the), Korea (Rep. of), Côte d'Ivoire, Djibouti, Egypt, the United Arab Emirates, Eswatini, Gabon, Guinea, Equatorial Guinea, India, Indonesia, Iran (Islamic Republic of), Iraq, Japan, Jordan, Kenya, Kuwait, Lebanon, Libya, Madagascar, Malaysia, Niger, Nigeria, Oman, Uganda, Pakistan, the Philippines, Qatar, the Syrian Arab Republic, the Dem. People's Rep. of Korea, Singapore, Sri Lanka, Tanzania, Chad, Thailand, Togo, Viet Nam and Yemen, the frequency band 5650-5850 MHz is also allocated to the fixed and mobile services on a primary basis. In this case, the provisions of Resolution 229 (Rev.WRC-19) do not apply. In addition, in Afghanistan, Angola, Benin, Bhutan, Botswana, Burkina Faso, Burundi, Dem. Rep. of the Congo, Fiji, Ghana, Kiribati, Lesotho, Malawi, Maldives, Mauritius, Micronesia, Mongolia, Mozambique, Myanmar, Namibia, Nauru, New Zealand, Papua New Guinea, Rwanda, Solomon Islands, South Sudan, South Africa, Tonga, Vanuatu, Zambia and Zimbabwe, the frequency band 5725-5850 MHz is allocated to the fixed service on a primary basis, and stations operating in the fixed service shall not cause harmful interference to and shall not claim protection from other primary services in the frequency band. ( 454 ) 5.454 Different category of service: in Azerbaijan, the Russian Federation, Georgia, Kyrgyzstan, Tajikistan and Turkmenistan, the allocation of the band 5670-5725 MHz to the space research service is on a primary basis (see No. 5.33). ( 455 ) 5.455 Additional allocation: in Armenia, Azerbaijan, Belarus, Cuba, the Russian Federation, Georgia, Hungary, Kazakhstan, Moldova, Uzbekistan, Kyrgyzstan, Romania, Tajikistan, Turkmenistan and Ukraine, the frequency band 5670-5850 MHz is also allocated to the fixed service on a primary basis. ( 456 ) [Reserved] ( 457 ) 5.457 In Australia, Burkina Faso, Cote d'Ivoire, Mali and Nigeria, the allocation to the fixed service in the bands 6440-6520 MHz (HAPS-to-ground direction) and 6560-6640 MHz (ground-to-HAPS direction) may also be used by gateway links for high-altitude platform stations (HAPS) within the territory of these countries. Such use is limited to operation in HAPS gateway links and shall not cause harmful interference to, and shall not claim protection from, existing services, and shall be in compliance with Resolution 150 (WRC-12). Existing services shall not be constrained in future development by HAPS gateway links. The use of HAPS gateway links in these bands requires explicit agreement with other administrations whose territories are located within 1,000 kilometres from the border of an administration intending to use the HAPS gateway links. ( i ) 5.457A In the frequency bands 5925-6425 MHz and 14-14.5 GHz, earth stations located on board vessels may communicate with space stations of the fixed-satellite service. Such use shall be in accordance with Resolution 902 (WRC-03). In the frequency band 5925-6425 MHz, earth stations located on board vessels and communicating with space stations of the fixed-satellite service may employ transmit antennas with minimum diameter of 1.2 m and operate without prior agreement of any administration if located at least 330 km away from the low-water mark as officially recognized by the coastal State. All other provisions of Resolution 902 (WRC-03) shall apply. ( ii ) 5.457B In the frequency bands 5925-6425 MHz and 14-14.5 GHz, earth stations located on board vessels may operate with the characteristics and under the conditions contained in Resolution 902 (WRC-03) in Algeria, Saudi Arabia, Bahrain, Comoros, Djibouti, Egypt, United Arab Emirates, Jordan, Kuwait, Libya, Morocco, Mauritania, Oman, Qatar, the Syrian Arab Republic, Sudan, Tunisia and Yemen, in the maritime mobile-satellite service on a secondary basis. Such use shall be in accordance with Resolution 902 (WRC-03). ( iii ) 5.457C In Region 2 (except Brazil, Cuba, French overseas departments and communities, Guatemala, Mexico, Paraguay, Uruguay and Venezuela), the frequency band 5925-6700 MHz may be used for aeronautical mobile telemetry for flight testing by aircraft stations (see No. 1.83). Such use shall be in accordance with Resolution 416 (WRC-07) and shall not cause harmful interference to, or claim protection from, the fixed-satellite and fixed services. Any such use does not preclude the use of this frequency band by other mobile service applications or by other services to which this frequency band is allocated on a co-primary basis and does not establish priority in the Radio Regulations. ( 458 ) 5.458 In the band 6425-7075 MHz, passive microwave sensor measurements are carried out over the oceans. In the band 7075-7250 MHz, passive microwave sensor measurements are carried out. Administrations should bear in mind the needs of the Earth exploration-satellite (passive) and space research (passive) services in their future planning of the bands 6425-7075 MHz and 7075-7250 MHz. ( 459 ) 5.459 Additional allocation: in the Russian Federation, the frequency bands 7100-7155 MHz and 7190-7235 MHz are also allocated to the space operation service (Earth-to-space) on a primary basis, subject to agreement obtained under No. 9.21. In the frequency band 7190-7235 MHz, with respect to the Earth exploration-satellite service (Earth-to-space), No. 9.21 does not apply. ( 460 ) 5.460 No emissions from space research service (Earth-to-space) systems intended for deep space shall be effected in the frequency band 7190-7235 MHz. Geostationary satellites in the space research service operating in the frequency band 7190-7235 MHz shall not claim protection from existing and future stations of the fixed and mobile services and No. 5.43A does not apply. ( i ) 5.460A The use of the frequency band 7190-7250 MHz (Earth-to-space) by the Earth exploration-satellite service shall be limited to tracking, telemetry and command for the operation of spacecraft. Space stations operating in the Earth exploration-satellite service (Earth-to-space) in the frequency band 7190-7250 MHz shall not claim protection from existing and future stations in the fixed and mobile services, and No. 5.43A does not apply. No. 9.17 applies. Additionally, to ensure protection of the existing and future deployment of fixed and mobile services, the location of earth stations supporting spacecraft in the Earth exploration-satellite service in non-geostationary orbits or geostationary orbit shall maintain a separation distance of at least 10 km and 50 km, respectively, from the respective border(s) of neighbouring countries, unless a shorter distance is otherwise agreed between the corresponding administrations. ( ii ) 5.460B Space stations on the geostationary orbit operating in the Earth exploration-satellite service (Earth-to-space) in the frequency band 7190-7235 MHz shall not claim protection from existing and future stations of the space research service, and No. 5.43A does not apply. ( 461 ) 5.461 Additional allocation: the bands 7250-7375 MHz (space-to-Earth) and 7900-8025 MHz (Earth-to-space) are also allocated to the mobile-satellite service on a primary basis, subject to agreement obtained under No. 9.21. ( i ) 5.461A The use of the band 7450-7550 MHz by the meteorological-satellite service (space-to-Earth) is limited to geostationary-satellite systems. Non-geostationary meteorological-satellite systems in this band notified before 30 November 1997 may continue to operate on a primary basis until the end of their lifetime. ( ii ) 5.461AA The use of the frequency band 7375-7750 MHz by the maritime mobile-satellite service is limited to geostationary-satellite networks. ( iii ) 5.461AB In the frequency band 7375-7750 MHz, earth stations in the maritime mobile-satellite service shall not claim protection from, nor constrain the use and development of, stations in the fixed and mobile, except aeronautical mobile, services. No. 5.43A does not apply. ( iv ) 5.461B The use of the band 7750-7900 MHz by the meteorological-satellite service (space-to-Earth) is limited to non-geostationary satellite systems. ( 462 ) 5.462A In Regions 1 and 3 (except for Japan), in the band 8025-8400 MHz, the Earth exploration-satellite service using geostationary satellites shall not produce a power flux-density in excess of the following values for angles of arrival (θ), without the consent of the affected administration: −135 dB(W/m 2 ) in a 1 MHz band for 0 ≤ θ < 5°, −135 + 0.5 (θ−5) dB(W/m 2 ) in a 1 MHz band for 5 ≤ θ < 25°, and −125 dB(W/m 2 ) in a 1 MHz band for 25 ≤ θ ≤ 90°. ( 463 ) 5.463 Aircraft stations are not permitted to transmit in the band 8025-8400 MHz. ( 464 ) [Reserved] ( 465 ) 5.465 In the space research service, the use of the band 8400-8450 MHz is limited to deep space. ( 466 ) 5.466 Different category of service: in Singapore and Sri Lanka, the allocation of the band 8400-8500 MHz to the space research service is on a secondary basis (see No. 5.32). ( 467 ) [Reserved] ( 468 ) 5.468 Additional allocation: in Saudi Arabia, Bahrain, Bangladesh, Brunei Darussalam, Burundi, Cameroon, China, Congo (Rep. of the), Djibouti, Egypt, the United Arab Emirates, Eswatini, Gabon, Guyana, Indonesia, Iran (Islamic Republic of), Iraq, Jamaica, Jordan, Kenya, Kuwait, Lebanon, Libya, Malaysia, Mali, Morocco, Mauritania, Nepal, Nigeria, Oman, Uganda, Pakistan, Qatar, Syrian Arab Republic, the Dem. People's Rep. of Korea, Senegal, Singapore, Somalia, Sudan, Chad, Togo, Tunisia and Yemen, the frequency band 8500-8750 MHz is also allocated to the fixed and mobile services on a primary basis. ( 469 ) 5.469 Additional allocation: in Armenia, Azerbaijan, Belarus, the Russian Federation, Georgia, Hungary, Lithuania, Mongolia, Uzbekistan, Poland, Kyrgyzstan, the Czech Rep., Romania, Tajikistan, Turkmenistan and Ukraine, the band 8500-8750 MHz is also allocated to the land mobile and radionavigation services on a primary basis. ( i ) 5.469A In the band 8550-8650 MHz, stations in the Earth exploration-satellite service (active) and space research service (active) shall not cause harmful interference to, or constrain the use and development of, stations of the radiolocation service. ( ii ) [Reserved] ( 470 ) 5.470 The use of the band 8750-8850 MHz by the aeronautical radionavigation service is limited to airborne Doppler navigation aids on a centre frequency of 8800 MHz. ( 471 ) 5.471 Additional allocation: in Algeria, Germany, Bahrain, Belgium, China, Egypt, the United Arab Emirates, France, Greece, Indonesia, Iran (Islamic Republic of), Libya, the Netherlands, Qatar and Sudan, the frequency bands 8825-8850 MHz and 9000-9200 MHz are also allocated to the maritime radionavigation service, on a primary basis, for use by shore-based radars only. ( 472 ) 5.472 In the bands 8850-9000 MHz and 9200-9225 MHz, the maritime radionavigation service is limited to shore-based radars. ( 473 ) 5.473 Additional allocation: in Armenia, Austria, Azerbaijan, Belarus, Cuba, the Russian Federation, Georgia, Hungary, Uzbekistan, Poland, Kyrgyzstan, Romania, Tajikistan, Turkmenistan and Ukraine, the frequency bands 8850-9000 MHz and 9200-9300 MHz are also allocated to the radionavigation service on a primary basis. ( i ) 5.473A In the band 9000-9200 MHz, stations operating in the radiolocation service shall not cause harmful interference to, nor claim protection from, systems identified in No. 5.337 operating in the aeronautical radionavigation service, or radar systems in the maritime radionavigation service operating in this band on a primary basis in the countries listed in No. 5.471. ( ii ) [Reserved] ( 474 ) 5.474 In the band 9200-9500 MHz, search and rescue transponders (SART) may be used, having due regard to the appropriate ITU-R Recommendation (see also Article 31). ( i ) 5.474A The use of the frequency bands 9200-9300 MHz and 9900-10 400 MHz by the Earth exploration-satellite service (active) is limited to systems requiring necessary bandwidth greater than 600 MHz that cannot be fully accommodated within the frequency band 9300-9900 MHz. Such use is subject to agreement to be obtained under No. 9.21 from Algeria, Saudi Arabia, Bahrain, Egypt, Indonesia, Iran (Islamic Republic of), Lebanon and Tunisia. An administration that has not replied under No. 9.52 is considered as not having agreed to the coordination request. In this case, the notifying administration of the satellite system operating in the Earth exploration-satellite service (active) may request the assistance of the Bureau under Sub-Section IID of Article 9. ( ii ) 5.474B Stations operating in the Earth exploration-satellite (active) service shall comply with Recommendation ITU-R RS.2066-0. ( iii ) 5.474C Stations operating in the Earth exploration-satellite (active) service shall comply with Recommendation ITU-R RS.2065-0. ( iv ) 5.474D Stations in the Earth exploration-satellite service (active) shall not cause harmful interference to, or claim protection from, stations of the maritime radionavigation and radiolocation services in the frequency band 9200-9300 MHz, the radionavigation and radiolocation services in the frequency band 9900-10 000 MHz and the radiolocation service in the frequency band 10.0-10.4 GHz. ( 475 ) 5.475 The use of the band 9300-9500 MHz by the aeronautical radionavigation service is limited to airborne weather radars and ground-based radars. In addition, ground-based radar beacons in the aeronautical radionavigation service are permitted in the band 9300-9320 MHz on condition that harmful interference is not caused to the maritime radionavigation service. ( i ) 5.475A The use of the band 9300-9500 MHz by the Earth exploration-satellite service (active) and the space research service (active) is limited to systems requiring necessary bandwidth greater than 300 MHz that cannot be fully accommodated within the 9500-9800 MHz band. ( ii ) 5.475B In the band 9300-9500 MHz, stations operating in the radiolocation service shall not cause harmful interference to, nor claim protection from, radars operating in the radionavigation service in conformity with the Radio Regulations. Ground-based radars used for meteorological purposes have priority over other radiolocation uses. ( 476 ) 5.476A In the band 9300-9800 MHz, stations in the Earth exploration-satellite service (active) and space research service (active) shall not cause harmful interference to, nor claim protection from, stations of the radionavigation and radiolocation services. ( 477 ) 5.477 Different category of service: in Algeria, Saudi Arabia, Bahrain, Bangladesh, Brunei Darussalam, Cameroon, Djibouti, Egypt, the United Arab Emirates, Eritrea, Ethiopia, Guyana, India, Indonesia, Iran (Islamic Republic of), Iraq, Jamaica, Japan, Jordan, Kuwait, Lebanon, Liberia, Malaysia, Nigeria, Oman, Uganda, Pakistan, Qatar, Syrian Arab Republic, the Dem. People's Rep. of Korea, Singapore, Somalia, Sudan, South Sudan, Trinidad and Tobago, and Yemen, the allocation of the frequency band 9800-10 000 MHz to the fixed service is on a primary basis (see No. 5.33). ( 478 ) 5.478 Additional allocation: in Azerbaijan, Kyrgyzstan, Romania, Turkmenistan and Ukraine, the frequency band 9800-10 000 MHz is also allocated to the radionavigation service on a primary basis. ( i ) 5.478A The use of the band 9800-9900 MHz by the Earth exploration-satellite service (active) and the space research service (active) is limited to systems requiring necessary bandwidth greater than 500 MHz that cannot be fully accommodated within the 9300-9800 MHz band. ( ii ) 5.478B In the band 9800-9900 MHz, stations in the Earth exploration-satellite service (active) and space research service (active) shall not cause harmful interference to, nor claim protection from stations of the fixed service to which this band is allocated on a secondary basis. ( 479 ) 5.479 The band 9975-10 025 MHz is also allocated to the meteorological-satellite service on a secondary basis for use by weather radars. ( 480 ) 5.480 Additional allocation: in Argentina, Brazil, Chile, Cuba, El Salvador, Ecuador, Guatemala, Honduras, Paraguay, the overseas countries and territories within the Kingdom of the Netherlands in Region 2, Peru and Uruguay, the frequency band 10-10.45 GHz is also allocated to the fixed and mobile services on a primary basis. In Colombia, Costa Rica, Mexico and Venezuela, the frequency band 10-10.45 GHz is also allocated to the fixed service on a primary basis. ( 481 ) 5.481 Additional allocation: in Algeria, Germany, Angola, Brazil, China, Côte d'Ivoire, Egypt, El Salvador, Ecuador, Spain, Guatemala, Hungary, Japan, Kenya, Morocco, Nigeria, Oman, Uzbekistan, Pakistan, Paraguay, Peru, the Dem. People's Rep. of Korea, Romania, Tunisia and Uruguay, the frequency band 10.45-10.5 GHz is also allocated to the fixed and mobile services on a primary basis. In Costa Rica, the frequency band 10.45-10.5 GHz is also allocated to the fixed service on a primary basis. ( 482 ) 5.482 In the band 10.6-10.68 GHz, the power delivered to the antenna of stations of the fixed and mobile, except aeronautical mobile, services shall not exceed −3 dBW. This limit may be exceeded, subject to agreement obtained under No. 9.21. However, in Algeria, Saudi Arabia, Armenia, Azerbaijan, Bahrain, Bangladesh, Belarus, Egypt, United Arab Emirates, Georgia, India, Indonesia, Iran (Islamic Republic of), Iraq, Jordan, Kazakhstan, Kuwait, Lebanon, Libya, Morocco, Mauritania, Moldova, Nigeria, Oman, Uzbekistan, Pakistan, Philippines, Qatar, Syrian Arab Republic, Kyrgyzstan, Singapore, Tajikistan, Tunisia, Turkmenistan and Viet Nam, this restriction on the fixed and mobile, except aeronautical mobile, services is not applicable. ( i ) 5.482A For sharing of the band 10.6-10.68 GHz between the Earth exploration-satellite (passive) service and the fixed and mobile, except aeronautical mobile, services, Resolution 751 (WRC-07) applies. ( ii ) [Reserved] ( 483 ) 5.483 Additional allocation: in Saudi Arabia, Armenia, Azerbaijan, Bahrain, Belarus, China, Colombia, Korea (Rep. of), Egypt, the United Arab Emirates, Georgia, Iran (Islamic Republic of), Iraq, Israel, Jordan, Kazakhstan, Kuwait, Lebanon, Mongolia, Qatar, Kyrgyzstan, the Dem. People's Rep. of Korea, Tajikistan, Turkmenistan and Yemen, the frequency band 10.68-10.7 GHz is also allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. Such use is limited to equipment in operation by 1 January 1985. ( 484 ) 5.484 In Region 1, the use of the band 10.7-11.7 GHz by the fixed-satellite service (Earth-to-space) is limited to feeder links for the broadcasting-satellite service. ( i ) 5.484A The use of the bands 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz (space-to-Earth), 11.7-12.2 GHz (space-to-Earth) in Region 2, 12.2-12.75 GHz (space-to-Earth) in Region 3, 12.5-12.75 GHz (space-to-Earth) in Region 1, 13.75-14.5 GHz (Earth-to-space), 17.8-18.6 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 27.5-28.6 GHz (Earth-to-space), 29.5-30 GHz (Earth-to-space) by a non-geostationary-satellite system in the fixed-satellite service is subject to application of the provisions of No. 9.12 for coordination with other non-geostationary-satellite systems in the fixed-satellite service. Non-geostationary-satellite systems in the fixed-satellite service shall not claim protection from geostationary-satellite networks in the fixed-satellite service operating in accordance with the Radio Regulations, irrespective of the dates of receipt by the Bureau of the complete coordination or notification information, as appropriate, for the non-geostationary-satellite systems in the fixed-satellite service and of the complete coordination or notification information, as appropriate, for the geostationary-satellite networks, and No. 5.43A does not apply. Non-geostationary-satellite systems in the fixed-satellite service in the above bands shall be operated in such a way that any unacceptable interference that may occur during their operation shall be rapidly eliminated. ( ii ) 5.484B Resolution 155 (Rev.WRC-19) shall apply. ( 485 ) 5.485 In Region 2, in the band 11.7-12.2 GHz, transponders on space stations in the fixed-satellite service may be used additionally for transmissions in the broadcasting-satellite service, provided that such transmissions do not have a maximum e.i.r.p. greater than 53 dBW per television channel and do not cause greater interference or require more protection from interference than the coordinated fixed-satellite service frequency assignments. With respect to the space services, this band shall be used principally for the fixed-satellite service. ( 486 ) 5.486 Different category of service: in the United States, the allocation of the frequency band 11.7-12.1 GHz to the fixed service is on a secondary basis ( see No. 5.32). ( 487 ) 5.487 In the band 11.7-12.5 GHz in Regions 1 and 3, the fixed, fixed-satellite, mobile, except aeronautical mobile, and broadcasting services, in accordance with their respective allocations, shall not cause harmful interference to, or claim protection from, broadcasting-satellite stations operating in accordance with the Regions 1 and 3 Plan in Appendix 30. ( i ) 5.487A Additional allocation: in Region 1, the band 11.7-12.5 GHz, in Region 2, the band 12.2-12.7 GHz and, in Region 3, the band 11.7-12.2 GHz, are also allocated to the fixed-satellite service (space-to-Earth) on a primary basis, limited to non-geostationary systems and subject to application of the provisions of No. 9.12 for coordination with other non-geostationary-satellite systems in the fixed-satellite service. Non-geostationary-satellite systems in the fixed-satellite service shall not claim protection from geostationary-satellite networks in the broadcasting-satellite service operating in accordance with the Radio Regulations, irrespective of the dates of receipt by the Bureau of the complete coordination or notification information, as appropriate, for the non-geostationary-satellite systems in the fixed-satellite service and of the complete coordination or notification information, as appropriate, for the geostationary-satellite networks, and No. 5.43A does not apply. Non-geostationary-satellite systems in the fixed-satellite service in the above bands shall be operated in such a way that any unacceptable interference that may occur during their operation shall be rapidly eliminated. ( ii ) [Reserved] ( 488 ) 5.488 The use of the band 11.7-12.2 GHz by geostationary-satellite networks in the fixed-satellite service in Region 2 is subject to application of the provisions of No. 9.14 for coordination with stations of terrestrial services in Regions 1, 2 and 3. For the use of the band 12.2-12.7 GHz by the broadcasting-satellite service in Region 2, see Appendix 30. ( 489 ) 5.489 Additional allocation: in Peru, the band 12.1-12.2 GHz is also allocated to the fixed service on a primary basis. ( 490 ) 5.490 In Region 2, in the band 12.2-12.7 GHz, existing and future terrestrial radiocommunication services shall not cause harmful interference to the space services operating in conformity with the broadcasting-satellite Plan for Region 2 contained in Appendix 30. ( 491 ) [Reserved] ( 492 ) 5.492 Assignments to stations of the broadcasting-satellite service which are in conformity with the appropriate regional Plan or included in the Regions 1 and 3 List in Appendix 30 may also be used for transmissions in the fixed-satellite service (space-to-Earth), provided that such transmissions do not cause more interference, or require more protection from interference, than the broadcasting-satellite service transmissions operating in conformity with the Plan or the List, as appropriate. ( 493 ) 5.493 The broadcasting-satellite service in the band 12.5-12.75 GHz in Region 3 is limited to a power flux-density not exceeding −111 dB(W/(m 2 · 27 MHz)) for all conditions and for all methods of modulation at the edge of the service area. ( 494 ) 5.494 Additional allocation: in Algeria, Saudi Arabia, Bahrain, Cameroon, the Central African Rep., Congo (Rep. of the), Côte d'Ivoire, Djibouti, Egypt, the United Arab Emirates, Eritrea, Ethiopia, Gabon, Ghana, Guinea, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, Madagascar, Mali, Morocco, Mongolia, Nigeria, Oman, Qatar, the Syrian Arab Republic, the Dem. Rep. of the Congo, Somalia, Sudan, South Sudan, Chad, Togo and Yemen, the frequency band 12.5-12.75 GHz is also allocated to the fixed and mobile, except aeronautical mobile, services on a primary basis. ( 495 ) 5.495 Additional allocation: in Greece, Monaco, Montenegro, Uganda and Tunisia, the frequency band 12.5-12.75 GHz is also allocated to the fixed and mobile, except aeronautical mobile, services on a secondary basis. ( 496 ) 5.496 Additional allocation: in Austria, Azerbaijan, Kyrgyzstan and Turkmenistan, the band 12.5-12.75 GHz is also allocated to the fixed service and the mobile, except aeronautical mobile, service on a primary basis. However, stations in these services shall not cause harmful interference to fixed-satellite service earth stations of countries in Region 1 other than those listed in this footnote. Coordination of these earth stations is not required with stations of the fixed and mobile services of the countries listed in this footnote. The power flux-density limit at the Earth's surface given in Table 21-4 of Article 21, for the fixed-satellite service shall apply on the territory of the countries listed in this footnote. ( 497 ) 5.497 The use of the band 13.25-13.4 GHz by the aeronautical radionavigation service is limited to Doppler navigation aids. ( 498 ) 5.498A The Earth exploration-satellite (active) and space research (active) services operating in the band 13.25-13.4 GHz shall not cause harmful interference to, or constrain the use and development of, the aeronautical radionavigation service. ( 499 ) 5.499 Additional allocation: in Bangladesh and India, the band 13.25-14 GHz is also allocated to the fixed service on a primary basis. In Pakistan, the band 13.25-13.75 GHz is allocated to the fixed service on a primary basis. ( i ) 5.499A The use of the frequency band 13.4-13.65 GHz by the fixed-satellite service (space-to-Earth) is limited to geostationary-satellite systems and is subject to agreement obtained under No. 9.21 with respect to satellite systems operating in the space research service (space-to-space) to relay data from space stations in the geostationary-satellite orbit to associated space stations in non-geostationary satellite orbits for which advance publication information has been received by the Bureau by 27 November 2015. ( ii ) 5.499B Administrations shall not preclude the deployment and operation of transmitting earth stations in the standard frequency and time signal-satellite service (Earth-to-space) allocated on a secondary basis in the frequency band 13.4-13.65 GHz due to the primary allocation to FSS (space-to-Earth). ( iii ) 5.499C The allocation of the frequency band 13.4-13.65 GHz to the space research service on a primary basis is limited to: satellite systems operating in the space research service (space-to-space) to relay data from space stations in the geostationary-satellite orbit to associated space stations in non-geostationary satellite orbits for which advance publication information has been received by the Bureau by 27 November 2015; active spaceborne sensors; and satellite systems operating in the space research service (space-to-Earth) to relay data from space stations in the geostationary-satellite orbit to associated earth stations. Other uses of the frequency band by the space research service are on a secondary basis. ( iv ) 5.499D In the frequency band 13.4-13.65 GHz, satellite systems in the space research service (space-to-Earth) and/or the space research service (space-to-space) shall not cause harmful interference to, nor claim protection from, stations in the fixed, mobile, radiolocation and Earth exploration-satellite (active) services. ( v ) 5.499E In the frequency band 13.4-13.65 GHz, geostationary-satellite networks in the fixed-satellite service (space-to-Earth) shall not claim protection from space stations in the Earth exploration-satellite service (active) operating in accordance with these Regulations, and No. 5.43A does not apply. The provisions of No. 22.2 do not apply to the Earth exploration-satellite service (active) with respect to the fixed-satellite service (space-to-Earth) in this frequency band. ( 500 ) 5.500 Additional allocation: in Algeria, Saudi Arabia, Bahrain, Brunei Darussalam, Cameroon, Egypt, the United Arab Emirates, Gabon, Indonesia, Iran (Islamic Republic of), Iraq, Israel, Jordan, Kuwait, Lebanon, Madagascar, Malaysia, Mali, Morocco, Mauritania, Niger, Nigeria, Oman, Qatar, the Syrian Arab Republic, Singapore, Sudan, South Sudan, Chad and Tunisia, the frequency band 13.4-14 GHz is also allocated to the fixed and mobile services on a primary basis. In Pakistan, the frequency band 13.4-13.75 GHz is also allocated to the fixed and mobile services on a primary basis. ( 501 ) 5.501 Additional allocation: in Azerbaijan, Hungary, Japan, Kyrgyzstan, Romania and Turkmenistan, the band 13.4-14 GHz is also allocated to the radionavigation service on a primary basis. ( i ) 5.501A The allocation of the frequency band 13.65-13.75 GHz to the space research service on a primary basis is limited to active spaceborne sensors. Other uses of the frequency band by the space research service are on a secondary basis. ( ii ) 5.501B In the band 13.4-13.75 GHz, the Earth exploration-satellite (active) and space research (active) services shall not cause harmful interference to, or constrain the use and development of, the radiolocation service. ( 502 ) 5.502 In the band 13.75-14 GHz, an earth station of a geostationary fixed-satellite service network shall have a minimum antenna diameter of 1.2 m and an earth station of a non-geostationary fixed-satellite service system shall have a minimum antenna diameter of 4.5 m. In addition, the e.i.r.p., averaged over one second, radiated by a station in the radiolocation or radionavigation services shall not exceed 59 dBW for elevation angles above 2° and 65 dBW at lower angles. Before an administration brings into use an earth station in a geostationary-satellite network in the fixed-satellite service in this band with an antenna diameter smaller than 4.5 m, it shall ensure that the power flux-density produced by this earth station does not exceed: −115 dB(W/(m 2 · 10 MHz)) for more than 1% of the time produced at 36 m above sea level at the low water mark, as officially recognized by the coastal State; and −115 dB(W/(m 2 · 10 MHz)) for more than 1% of the time produced 3 m above ground at the border of the territory of an administration deploying or planning to deploy land mobile radars in this band, unless prior agreement has been obtained. For earth stations within the fixed-satellite service having an antenna diameter greater than or equal to 4.5 m, the e.i.r.p. of any emission should be at least 68 dBW and should not exceed 85 dBW. ( 503 ) 5.503 In the band 13.75-14 GHz, geostationary space stations in the space research service for which information for advance publication has been received by the Bureau prior to 31 January 1992 shall operate on an equal basis with stations in the fixed-satellite service; after that date, new geostationary space stations in the space research service will operate on a secondary basis. Until those geostationary space stations in the space research service for which information for advance publication has been received by the Bureau prior to 31 January 1992 cease to operate in this band: ( i ) in the band 13.77-13.78 GHz, the e.i.r.p. density of emissions from any earth station in the fixed-satellite service operating with a space station in geostationary-satellite orbit shall not exceed: ( A ) 4.7 D + 28 dB (W/40 kHz), where D is the fixed-satellite service earth station antenna diameter (m) for antenna diameters equal to or greater than 1.2 m and less than 4.5 m; ( B ) 49.2 + 20 log ( D /4.5) dB(W/40 kHz), where D is the fixed-satellite service earth station antenna diameter (m) for antenna diameters equal to or greater than 4.5 m and less than 31.9 m; ( C ) 66.2 dB(W/40 kHz) for any fixed-satellite service earth station for antenna diameters (m) equal to or greater than 31.9 m; ( D ) 56.2 dB(W/4 kHz) for narrow-band (less than 40 kHz of necessary bandwidth) fixed-satellite service earth station emissions from any fixed-satellite service earth station having an antenna diameter of 4.5 m or greater; ( ii ) The e.i.r.p. density of emissions from any earth station in the fixed-satellite service operating with a space station in non-geostationary-satellite orbit shall not exceed 51 dBW in the 6 MHz band from 13.772 to 13.778 GHz. ( iii ) Automatic power control may be used to increase the e.i.r.p. density in these frequency ranges to compensate for rain attenuation, to the extent that the power flux-density at the fixed-satellite service space station does not exceed the value resulting from use by an earth station of an e.i.r.p. meeting the above limits in clear-sky conditions. ( 504 ) 5.504 The use of the band 14-14.3 GHz by the radionavigation service shall be such as to provide sufficient protection to space stations of the fixed-satellite service. ( i ) 5.504A In the band 14-14.5 GHz, aircraft earth stations in the secondary aeronautical mobile-satellite service may also communicate with space stations in the fixed-satellite service. The provisions of Nos. 5.29, 5.30 and 5.31 apply. ( ii ) 5.504B Aircraft earth stations operating in the aeronautical mobile-satellite service in the frequency band 14-14.5 GHz shall comply with the provisions of Annex 1, Part C of Recommendation ITU-R M.1643-0, with respect to any radio astronomy station performing observations in the 14.47-14.5 GHz frequency band located on the territory of Spain, France, India, Italy, the United Kingdom and South Africa. ( iii ) 5.504C In the frequency band 14-14.25 GHz, the power flux-density produced on the territory of the countries of Saudi Arabia, Bahrain, Botswana, Côte d'Ivoire, Egypt, Guinea, India, Iran (Islamic Republic of), Kuwait, Nigeria, Oman, the Syrian Arab Republic and Tunisia by any aircraft earth station in the aeronautical mobile-satellite service shall not exceed the limits given in Annex 1, Part B of Recommendation ITU-R M.1643-0, unless otherwise specifically agreed by the affected administration(s). The provisions of this footnote in no way derogate the obligations of the aeronautical mobile-satellite service to operate as a secondary service in accordance with No. 5.29. ( 505 ) 5.505 Additional allocation: in Algeria, Saudi Arabia, Bahrain, Botswana, Brunei Darussalam, Cameroon, China, Congo (Rep. of the), Korea (Rep. of), Djibouti, Egypt, the United Arab Emirates, Eswatini, Gabon, Guinea, India, Indonesia, Iran (Islamic Republic of), Iraq, Israel, Japan, Jordan, Kuwait, Lebanon, Malaysia, Mali, Morocco, Mauritania, Oman, the Philippines, Qatar, the Syrian Arab Republic, the Dem. People's Rep. of Korea, Singapore, Somalia, Sudan, South Sudan, Chad, Viet Nam and Yemen, the frequency band 14-14.3 GHz is also allocated to the fixed service on a primary basis. ( 506 ) 5.506 The band 14-14.5 GHz may be used, within the fixed-satellite service (Earth-to-space), for feeder links for the broadcasting-satellite service, subject to coordination with other networks in the fixed-satellite service. Such use of feeder links is reserved for countries outside Europe. ( i ) 5.506A In the band 14-14.5 GHz, ship earth stations with an e.i.r.p. greater than 21 dBW shall operate under the same conditions as earth stations located on board vessels, as provided in Resolution 902 (WRC-03). This footnote shall not apply to ship earth stations for which the complete Appendix 4 information has been received by the Bureau prior to 5 July 2003. ( ii ) 5.506B Earth stations located on board vessels communicating with space stations in the fixed-satellite service may operate in the frequency band 14-14.5 GHz without the need for prior agreement from Cyprus and Malta, within the minimum distance given in Resolution 902 (WRC-03) from these countries. ( 507 ) [Reserved] ( 508 ) 5.508 Additional allocation: in Germany, France, Italy, Libya, North Macedonia and the United Kingdom, the frequency band 14.25-14.3 GHz is also allocated to the fixed service on a primary basis. ( i ) 5.508A In the frequency band 14.25-14.3 GHz, the power flux-density produced on the territory of the countries of Saudi Arabia, Bahrain, Botswana, China, Côte d'Ivoire, Egypt, France, Guinea, India, Iran (Islamic Republic of), Italy, Kuwait, Nigeria, Oman, the Syrian Arab Republic, the United Kingdom and Tunisia by any aircraft earth station in the aeronautical mobile-satellite service shall not exceed the limits given in Annex 1, Part B of Recommendation ITU-R M.1643-0, unless otherwise specifically agreed by the affected administration(s). The provisions of this footnote in no way derogate the obligations of the aeronautical mobile-satellite service to operate as a secondary service in accordance with No. 5.29. ( ii ) [Reserved] ( 509 ) 5.509A In the frequency band 14.3-14.5 GHz, the power flux-density produced on the territory of the countries of Saudi Arabia, Bahrain, Botswana, Cameroon, China, Côte d'Ivoire, Egypt, France, Gabon, Guinea, India, Iran (Islamic Republic of), Italy, Kuwait, Morocco, Nigeria, Oman, the Syrian Arab Republic, the United Kingdom, Sri Lanka, Tunisia and Viet Nam by any aircraft earth station in the aeronautical mobile-satellite service shall not exceed the limits given in Annex 1, Part B of Recommendation ITU-R M.1643-0, unless otherwise specifically agreed by the affected administration(s). The provisions of this footnote in no way derogate the obligations of the aeronautical mobile-satellite service to operate as a secondary service in accordance with No. 5.29. ( i ) 5.509B The use of the frequency bands 14.5-14.75 GHz in countries listed in Resolution 163 (WRC-15) and 14.5-14.8 GHz in countries listed in Resolution 164 (WRC-15) by the fixed-satellite service (Earth-to-space) not for feeder links for the broadcasting-satellite service is limited to geostationary-satellites. ( ii ) 5.509C For the use of the frequency bands 14.5-14.75 GHz in countries listed in Resolution 163 (WRC-15) and 14.5-14.8 GHz in countries listed in Resolution 164 (WRC-15) by the fixed-satellite service (Earth-to-space) not for feeder links for the broadcasting-satellite service, the fixed-satellite service earth stations shall have a minimum antenna diameter of 6 m and a maximum power spectral density of −44.5 dBW/Hz at the input of the antenna. The earth stations shall be notified at known locations on land. ( iii ) 5.509D Before an administration brings into use an earth station in the fixed-satellite service (Earth-to-space) not for feeder links for the broadcasting-satellite service in the frequency bands 14.5-14.75 GHz (in countries listed in Resolution 163 (WRC-15)) and 14.5-14.8 GHz (in countries listed in Resolution 164 (WRC-15)), it shall ensure that the power flux-density produced by this earth station does not exceed −151.5 dB(W/(m 2 · 4 kHz)) produced at all altitudes from 0 m to 19 000 m above sea level at 22 km seaward from all coasts, defined as the low-water mark, as officially recognized by each coastal State. ( iv ) 5.509E In the frequency bands 14.50-14.75 GHz in countries listed in Resolution 163 (WRC-15) and 14.50-14.8 GHz in countries listed in Resolution 164 (WRC-15), the location of earth stations in the fixed-satellite service (Earth-to-space) not for feeder links for the broadcasting-satellite service shall maintain a separation distance of at least 500 km from the border(s) of other countries unless shorter distances are explicitly agreed by those administrations. No. 9.17 does not apply. When applying this provision, administrations should consider the relevant parts of these Regulations and the latest relevant ITU-R Recommendations. ( v ) 5.509F In the frequency bands 14.50-14.75 GHz in countries listed in Resolution 163 (WRC-15) and 14.50-14.8 GHz in countries listed in Resolution 164 (WRC-15), earth stations in the fixed-satellite service (Earth-to-space) not for feeder links for the broadcasting-satellite service shall not constrain the future deployment of the fixed and mobile services. ( vi ) 5.509G The frequency band 14.5-14.8 GHz is also allocated to the space research service on a primary basis. However, such use is limited to the satellite systems operating in the space research service (Earth-to-space) to relay data to space stations in the geostationary-satellite orbit from associated earth stations. Stations in the space research service shall not cause harmful interference to, or claim protection from, stations in the fixed and mobile services and in the fixed-satellite service limited to feeder links for the broadcasting-satellite service and associated space operations functions using the guardbands under Appendix 30A and feeder links for the broadcasting-satellite service in Region 2. Other uses of this frequency band by the space research service are on a secondary basis. ( 510 ) 5.510 Except for use in accordance with Resolution 163 (WRC-15) and Resolution 164 (WRC-15), the use of the frequency band 14.5-14.8 GHz by the fixed-satellite service (Earth-to-space) is limited to feeder links for the broadcasting-satellite service. This use is reserved for countries outside Europe. Uses other than feeder links for the broadcasting-satellite service are not authorized in Regions 1 and 2 in the frequency band 14.75-14.8 GHz. ( 511 ) 5.511 Additional allocation: in Saudi Arabia, Bahrain, Cameroon, Egypt, the United Arab Emirates, Guinea, Iran (Islamic Republic of), Iraq, Israel, Kuwait, Lebanon, Oman, Pakistan, Qatar, the Syrian Arab Republic and Somalia, the band 15.35-15.4 GHz is also allocated to the fixed and mobile services on a secondary basis. ( i ) 5.511A Use of the frequency band 15.43-15.63 GHz by the fixed-satellite service (Earth-to-space) is limited to feeder links of non-geostationary systems in the mobile-satellite service, subject to coordination under No. 9.11A. ( ii ) 5.511C Stations operating in the aeronautical radionavigation service shall limit the effective e.i.r.p. in accordance with Recommendation ITU-R S.1340-0. The minimum coordination distance required to protect the aeronautical radionavigation stations (No. 4.10 applies) from harmful interference from feeder-link earth stations and the maximum e.i.r.p. transmitted towards the local horizontal plane by a feeder-link earth station shall be in accordance with Recommendation ITU-R S.1340-0. ( iii ) 5.511E In the frequency band 15.4-15.7 GHz, stations operating in the radiolocation service shall not cause harmful interference to, or claim protection from, stations operating in the aeronautical radionavigation service. ( iv ) 5.511F In order to protect the radio astronomy service in the frequency band 15.35-15.4 GHz, radiolocation stations operating in the frequency band 15.4-15.7 GHz shall not exceed the power flux-density level of −156 dB(W/m 2 ) in a 50 MHz bandwidth in the frequency band 15.35-15.4 GHz, at any radio astronomy observatory site for more than 2 per cent of the time. ( 512 ) 5.512 Additional allocation: in Algeria, Saudi Arabia, Austria, Bahrain, Bangladesh, Brunei Darussalam, Cameroon, Congo (Rep. of the), Egypt, El Salvador, the United Arab Emirates, Eritrea, Finland, Guatemala, India, Indonesia, Iran (Islamic Republic of), Jordan, Kenya, Kuwait, Lebanon, Libya, Malaysia, Mali, Morocco, Mauritania, Montenegro, Nepal, Nicaragua, Niger, Oman, Pakistan, Qatar, Syrian Arab Republic, the Dem. Rep. of the Congo, Singapore, Somalia, Sudan, South Sudan, Chad, Togo and Yemen, the frequency band 15.7-17.3 GHz is also allocated to the fixed and mobile services on a primary basis. ( 513 ) 5.513 Additional allocation: in Israel, the band 15.7-17.3 GHz is also allocated to the fixed and mobile services on a primary basis. These services shall not claim protection from or cause harmful interference to services operating in accordance with the Table in countries other than those included in No. 5.512. ( i ) 5.513A Spaceborne active sensors operating in the band 17.2-17.3 GHz shall not cause harmful interference to, or constrain the development of, the radiolocation and other services allocated on a primary basis. ( ii ) [Reserved] ( 514 ) 5.514 Additional allocation: in Algeria, Saudi Arabia, Bahrain, Bangladesh, Cameroon, El Salvador, the United Arab Emirates, Guatemala, India, Iran (Islamic Republic of), Iraq, Israel, Italy, Japan, Jordan, Kuwait, Libya, Lithuania, Nepal, Nicaragua, Nigeria, Oman, Uzbekistan, Pakistan, Qatar, Kyrgyzstan, Sudan and South Sudan, the frequency band 17.3-17.7 GHz is also allocated to the fixed and mobile services on a secondary basis. The power limits given in Nos. 21.3 and 21.5 shall apply. ( 515 ) 5.515 In the band 17.3-17.8 GHz, sharing between the fixed-satellite service (Earth-to-space) and the broadcasting-satellite service shall also be in accordance with the provisions of section 1 of Annex 4 of Appendix 30A. ( 516 ) 5.516 The use of the band 17.3-18.1 GHz by geostationary-satellite systems in the fixed-satellite service (Earth-to-space) is limited to feeder links for the broadcasting-satellite service. The use of the band 17.3-17.8 GHz in Region 2 by systems in the fixed-satellite service (Earth-to-space) is limited to geostationary satellites. For the use of the band 17.3-17.8 GHz in Region 2 by feeder links for the broadcasting-satellite service in the band 12.2-12.7 GHz, see Article 11. The use of the bands 17.3-18.1 GHz (Earth-to-space) in Regions 1 and 3 and 17.8-18.1 GHz (Earth-to-space) in Region 2 by non-geostationary-satellite systems in the fixed-satellite service is subject to application of the provisions of No. 9.12 for coordination with other non-geostationary-satellite systems in the fixed-satellite service. Non-geostationary-satellite systems in the fixed-satellite service shall not claim protection from geostationary-satellite networks in the fixed-satellite service operating in accordance with the Radio Regulations, irrespective of the dates of receipt by the Bureau of the complete coordination or notification information, as appropriate, for the non-geostationary-satellite systems in the fixed-satellite service and of the complete coordination or notification information, as appropriate, for the geostationary-satellite networks, and No. 5.43A does not apply. Non-geostationary-satellite systems in the fixed-satellite service in the above bands shall be operated in such a way that any unacceptable interference that may occur during their operation shall be rapidly eliminated. ( i ) 5.516A In the band 17.3-17.7 GHz, earth stations of the fixed-satellite service (space-to-Earth) in Region 1 shall not claim protection from the broadcasting-satellite service feeder-link earth stations operating under Appendix 30A, nor put any limitations or restrictions on the locations of the broadcasting-satellite service feeder-link earth stations anywhere within the service area of the feeder link. ( ii ) 5.516B The following bands are identified for use by high-density applications in the fixed-satellite service: 17.3-17.7 GHz (space-to-Earth) in Region 1, 18.3-19.3 GHz (space-to-Earth) in Region 2, 19.7-20.2 GHz (space-to-Earth) in all Regions, 39.5-40 GHz (space-to-Earth) in Region 1, 40-40.5 GHz (space-to-Earth) in all Regions,40.5-42 GHz (space-to-Earth) in Region 2, 47.5-47.9 GHz (space-to-Earth) in Region 1, 48.2-48.54 GHz (space-to-Earth) in Region 1, 49.44-50.2 GHz (space-to-Earth) in Region 1, and 27.5-27.82 GHz (Earth-to-space) in Region 1, 28.35-28.45 GHz (Earth-to-space) in Region 2, 28.45-28.94 GHz (Earth-to-space) in all Regions, 28.94-29.1 GHz (Earth-to-space) in Regions 2 and 3, 29.25-29.46 GHz (Earth-to-space) in Region 2, 29.46-30 GHz (Earth-to-space) in all Regions, 48.2-50.2 GHz (Earth-to-space) in Region 2. This identification does not preclude the use of these frequency bands by other fixed-satellite service applications or by other services to which these frequency bands are allocated on a co-primary basis and does not establish priority in these Radio Regulations among users of the frequency bands. Administrations should take this into account when considering regulatory provisions in relation to these frequency bands. See Resolution 143 (Rev.WRC-19). ( 517 ) 5.517 In Region 2, use of the fixed-satellite (space-to-Earth) service in the band 17.7-17.8 GHz shall not cause harmful interference to nor claim protection from assignments in the broadcasting-satellite service operating in conformity with the Radio Regulations. ( i ) 5.517A The operation of earth stations in motion communicating with geostationary fixed-satellite service space stations within the frequency bands 17.7-19.7 GHz (space-to-Earth) and 27.5-29.5 GHz (Earth-to-space) shall be subject to the application of Resolution 169 (WRC-19). ( ii ) [Reserved] ( 518 ) [Reserved] ( 519 ) 5.519 Additional allocation: the bands 18-18.3 GHz in Region 2 and 18.1-18.4 GHz in Regions 1 and 3 are also allocated to the meteorological-satellite service (space-to-Earth) on a primary basis. Their use is limited to geostationary satellites. ( 520 ) 5.520 The use of the band 18.1-18.4 GHz by the fixed-satellite service (Earth-to-space) is limited to feeder links of geostationary-satellite systems in the broadcasting-satellite service. ( 521 ) 5.521 Alternative allocation: in the United Arab Emirates and Greece, the frequency band 18.1-18.4 GHz is allocated to the fixed, fixed-satellite (space-to-Earth) and mobile services on a primary basis (see No. 5.33). The provisions of No. 5.519 also apply. ( 522 ) 5.522A The emissions of the fixed service and the fixed-satellite service in the band 18.6-18.8 GHz are limited to the values given in Nos. 21.5A and 21.16.2, respectively. ( i ) 5.522B The use of the band 18.6-18.8 GHz by the fixed-satellite service is limited to geostationary systems and systems with an orbit of apogee greater than 20 000 km. ( ii ) 5.522C In the band 18.6-18.8 GHz, in Algeria, Saudi Arabia, Bahrain, Egypt, the United Arab Emirates, Jordan, Lebanon, Libya, Morocco, Oman, Qatar, the Syrian Arab Republic, Tunisia and Yemen, fixed-service systems in operation at the date of entry into force of the Final Acts of WRC-2000 are not subject to the limits of No. 21.5A. ( 523 ) 5.523A The use of the bands 18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 GHz (Earth-to-space) by geostationary and non-geostationary fixed-satellite service networks is subject to the application of the provisions of No. 9.11A and No. 22.2 does not apply. Administrations having geostationary-satellite networks under coordination prior to 18 November 1995 shall cooperate to the maximum extent possible to coordinate pursuant to No. 9.11A with non-geostationary-satellite networks for which notification information has been received by the Bureau prior to that date, with a view to reaching results acceptable to all the parties concerned. Non-geostationary-satellite networks shall not cause unacceptable interference to geostationary fixed-satellite service networks for which complete Appendix 4 notification information is considered as having been received by the Bureau prior to 18 November 1995. ( i ) 5.523B The use of the band 19.3-19.6 GHz (Earth-to-space) by the fixed-satellite service is limited to feeder links for non-geostationary-satellite systems in the mobile-satellite service. Such use is subject to the application of the provisions of No. 9.11A, and No. 22.2 does not apply. ( ii ) 5.523C No. 22.2 shall continue to apply in the bands 19.3-19.6 GHz and 29.1-29.4 GHz, between feeder links of non-geostationary mobile-satellite service networks and those fixed-satellite service networks for which complete Appendix 4 coordination information, or notification information, is considered as having been received by the Bureau prior to 18 November 1995. ( iii ) 5.523D The use of the band 19.3-19.7 GHz (space-to-Earth) by geostationary fixed-satellite service systems and by feeder links for non-geostationary-satellite systems in the mobile-satellite service is subject to the application of the provisions of No. 9.11A, but not subject to the provisions of No. 22.2. The use of this band for other non-geostationary fixed-satellite service systems, or for the cases indicated in Nos. 5.523C and 5.523E, is not subject to the provisions of No. 9.11A and shall continue to be subject to Articles 9 (except No. 9.11A) and 11 procedures, and to the provisions of No. 22.2. ( iv ) 5.523E No. 22.2 shall continue to apply in the bands 19.6-19.7 GHz and 29.4-29.5 GHz, between feeder links of non-geostationary mobile-satellite service networks and those fixed-satellite service networks for which complete Appendix 4 coordination information, or notification information, is considered as having been received by the Bureau by 21 November 1997. ( 524 ) 5.524 Additional allocation: in Afghanistan, Algeria, Saudi Arabia, Bahrain, Brunei Darussalam, Cameroon, China, Congo (Rep. of the), Costa Rica, Egypt, the United Arab Emirates, Gabon, Guatemala, Guinea, India, Iran (Islamic Republic of), Iraq, Israel, Japan, Jordan, Kuwait, Lebanon, Malaysia, Mali, Morocco, Mauritania, Nepal, Nigeria, Oman, Pakistan, the Philippines, Qatar, the Syrian Arab Republic, the Dem. Rep. of the Congo, the Dem. People's Rep. of Korea, Singapore, Somalia, Sudan, South Sudan, Chad, Togo and Tunisia, the frequency band 19.7-21.2 GHz is also allocated to the fixed and mobile services on a primary basis. This additional use shall not impose any limitation on the power flux- density of space stations in the fixed-satellite service in the frequency band 19.7-21.2 GHz and of space stations in the mobile-satellite service in the frequency band 19.7-20.2 GHz where the allocation to the mobile-satellite service is on a primary basis in the latter frequency band. ( 525 ) 5.525 In order to facilitate interregional coordination between networks in the mobile-satellite and fixed-satellite services, carriers in the mobile-satellite service that are most susceptible to interference shall, to the extent practicable, be located in the higher parts of the bands 19.7-20.2 GHz and 29.5-30 GHz. ( 526 ) 5.526 In the bands 19.7-20.2 GHz and 29.5-30 GHz in Region 2, and in the bands 20.1-20.2 GHz and 29.9-30 GHz in Regions 1 and 3, networks which are both in the fixed-satellite service and in the mobile-satellite service may include links between earth stations at specified or unspecified points or while in motion, through one or more satellites for point-to-point and point-to-multipoint communications. ( 527 ) 5.527 In the bands 19.7-20.2 GHz and 29.5-30 GHz, the provisions of No. 4.10 do not apply with respect to the mobile-satellite service. ( i ) 5.527A The operation of earth stations in motion communicating with the FSS is subject to Resolution 156 (WRC-15). ( ii ) [Reserved] ( 528 ) 5.528 The allocation to the mobile-satellite service is intended for use by networks which use narrow spot-beam antennas and other advanced technology at the space stations. Administrations operating systems in the mobile-satellite service in the band 19.7-20.1 GHz in Region 2 and in the band 20.1-20.2 GHz shall take all practicable steps to ensure the continued availability of these bands for administrations operating fixed and mobile systems in accordance with the provisions of No. 5.524. ( 529 ) 5.529 The use of the bands 19.7-20.1 GHz and 29.5-29.9 GHz by the mobile-satellite service in Region 2 is limited to satellite networks which are both in the fixed-satellite service and in the mobile-satellite service as described in No. 5.526. ( 530 ) 5.530A Unless otherwise agreed between the administrations concerned, any station in the fixed or mobile services of an administration shall not produce a power flux-density in excess of −120.4 dB(W/(m 2 · MHz)) at 3 m above the ground of any point of the territory of any other administration in Regions 1 and 3 for more than 20% of the time. In conducting the calculations, administrations should use the most recent version of Recommendation ITU-R P.452 (see also the most recent version of Recommendation ITU-R BO.1898). ( i ) 5.530B In the band 21.4-22 GHz, in order to facilitate the development of the broadcasting-satellite service, administrations in Regions 1 and 3 are encouraged not to deploy stations in the mobile service and are encouraged to limit the deployment of stations in the fixed service to point-to-point links. ( ii ) 5.530E The allocation to the fixed service in the frequency band 21.4-22 GHz is identified for use in Region 2 by high-altitude platform stations (HAPS). This identification does not preclude the use of this frequency band by other fixed-service applications or by other services to which it is allocated on a co-primary basis, and does not establish priority in the Radio Regulations. Such use of the fixed-service allocation by HAPS is limited to the HAPS-to-ground direction, and shall be in accordance with the provisions of Resolution 165 (WRC-19). ( 531 ) 5.531 Additional allocation: in Japan, the band 21.4-22 GHz is also allocated to the broadcasting service on a primary basis. ( 532 ) 5.532 The use of the band 22.21-22.5 GHz by the Earth exploration-satellite (passive) and space research (passive) services shall not impose constraints upon the fixed and mobile, except aeronautical mobile, services. ( i ) 5.532A The location of earth stations in the space research service shall maintain a separation distance of at least 54 km from the respective border(s) of neighbouring countries to protect the existing and future deployment of fixed and mobile services unless a shorter distance is otherwise agreed between the corresponding administrations. Nos. 9.17 and 9.18 do not apply. ( ii ) 5.532AA The allocation to the fixed service in the frequency band 24.25-25.25 GHz is identified for use in Region 2 by high-altitude platform stations (HAPS). This identification does not preclude the use of this frequency band by other fixed-service applications or by other services to which this frequency band is allocated on a co-primary basis, and does not establish priority in the Radio Regulations. Such use of the fixed-service allocation by HAPS is limited to the HAPS-to-ground direction and shall be in accordance with the provisions of Resolution 166 (WRC-19). ( iii ) 5.532AB The frequency band 24.25-27.5 GHz is identified for use by administrations wishing to implement the terrestrial component of International Mobile Telecommunications (IMT). This identification does not preclude the use of this frequency band by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. Resolution 242 (WRC-19) applies. ( iv ) 5.532B Use of the band 24.65-25.25 GHz in Region 1 and the band 24.65-24.75 GHz in Region 3 by the fixed-satellite service (Earth-to-space) is limited to earth stations using a minimum antenna diameter of 4.5 m. ( 533 ) 5.533 The inter-satellite service shall not claim protection from harmful interference from airport surface detection equipment stations of the radionavigation service. ( 534 ) 5.534A The allocation to the fixed service in the frequency band 25.25-27.5 GHz is identified in Region 2 for use by high-altitude platform stations (HAPS) in accordance with the provisions of Resolution 166 (WRC-19). Such use of the fixed-service allocation by HAPS shall be limited to the ground-to-HAPS direction in the frequency band 25.25-27.0 GHz and to the HAPS-to-ground direction in the frequency band 27.0-27.5 GHz. Furthermore, the use of the frequency band 25.5-27.0 GHz by HAPS shall be limited to gateway links. This identification does not preclude the use of this frequency band by other fixed-service applications or by other services to which this band is allocated on a co-primary basis, and does not establish priority in the Radio Regulations. ( 535 ) 5.535 In the band 24.75-25.25 GHz, feeder links to stations of the broadcasting-satellite service shall have priority over other uses in the fixed-satellite service (Earth-to-space). Such other uses shall protect and shall not claim protection from existing and future operating feeder-link networks to such broadcasting satellite stations. ( i ) 5.535A The use of the band 29.1-29.5 GHz (Earth-to-space) by the fixed-satellite service is limited to geostationary-satellite systems and feeder links to non-geostationary-satellite systems in the mobile-satellite service. Such use is subject to the application of the provisions of No. 9.11A, but not subject to the provisions of No. 22.2, except as indicated in Nos. 5.523C and 5.523E where such use is not subject to the provisions of No. 9.11A and shall continue to be subject to Articles 9 (except No. 9.11A) and 11 procedures, and to the provisions of No. 22.2. ( ii ) [Reserved] ( 536 ) 5.536 Use of the 25.25-27.5 GHz band by the inter-satellite service is limited to space research and Earth exploration-satellite applications, and also transmissions of data originating from industrial and medical activities in space. ( i ) 5.536A Administrations operating earth stations in the Earth exploration-satellite service or the space research service shall not claim protection from stations in the fixed and mobile services operated by other administrations. In addition, earth stations in the Earth exploration-satellite service or in the space research service should be operated taking into account the most recent version of Recommendation ITU-R SA.1862. Resolution 242 (WRC-19) applies. ( ii ) 5.536B In Algeria, Saudi Arabia, Austria, Bahrain, Belgium, Brazil, China, Korea (Rep. of), Denmark, Egypt, United Arab Emirates, Estonia, Finland, Hungary, India, Iran (Islamic Republic of), Iraq, Ireland, Israel, Italy, Jordan, Kenya, Kuwait, Lebanon, Libya, Lithuania, Moldova, Norway, Oman, Uganda, Pakistan, the Philippines, Poland, Portugal, Qatar, the Syrian Arab Republic, Dem. People's Rep. of Korea, Slovakia, the Czech Rep., Romania, the United Kingdom, Singapore, Slovenia, Sudan, Sweden, Tanzania, Turkey, Viet Nam and Zimbabwe, earth stations operating in the Earth exploration-satellite service in the frequency band 25.5-27 GHz shall not claim protection from, or constrain the use and deployment of, stations of the fixed and mobile services. Resolution 242 (WRC-19) applies. ( iii ) 5.536C In Algeria, Saudi Arabia, Bahrain, Botswana, Brazil, Cameroon, Comoros, Cuba, Djibouti, Egypt, United Arab Emirates, Estonia, Finland, Iran (Islamic Republic of), Israel, Jordan, Kenya, Kuwait, Lithuania, Malaysia, Morocco, Nigeria, Oman, Qatar, Syrian Arab Republic, Somalia, Sudan, South Sudan, Tanzania, Tunisia, Uruguay, Zambia and Zimbabwe, earth stations operating in the space research service in the band 25.5-27 GHz shall not claim protection from, or constrain the use and deployment of, stations of the fixed and mobile services. ( 537 ) 5.537 Space services using non-geostationary satellites operating in the inter-satellite service in the band 27-27.5 GHz are exempt from the provisions of No. 22.2. ( i ) 5.537A In Bhutan, Cameroon, China, Korea (Rep. of), the Russian Federation, India, Indonesia, Iran (Islamic Republic of), Iraq, Japan, Kazakhstan, Malaysia, Maldives, Mongolia, Myanmar, Uzbekistan, Pakistan, the Philippines, Kyrgyzstan, the Dem. People's Rep. of Korea, Sudan, Sri Lanka, Thailand and Viet Nam, the allocation to the fixed service in the frequency band 27.9-28.2 GHz may also be used by high altitude platform stations (HAPS) within the territory of these countries. Such use of 300 MHz of the fixed-service allocation by HAPS in the above countries is further limited to operation in the HAPS-to-ground direction and shall not cause harmful interference to, nor claim protection from, other types of fixed-service systems or other co-primary services. Furthermore, the development of these other services shall not be constrained by HAPS. See Resolution 145 (Rev.WRC-19). ( ii ) [Reserved] ( 538 ) 5.538 Additional allocation: the bands 27.500-27.501 GHz and 29.999-30.000 GHz are also allocated to the fixed-satellite service (space-to-Earth) on a primary basis for the beacon transmissions intended for up-link power control. Such space-to-Earth transmissions shall not exceed an equivalent isotropically radiated power (e.i.r.p.) of +10 dBW in the direction of adjacent satellites on the geostationary-satellite orbit. ( 539 ) 5.539 The band 27.5-30 GHz may be used by the fixed-satellite service (Earth-to-space) for the provision of feeder links for the broadcasting-satellite service. ( 540 ) 5.540 Additional allocation: the band 27.501-29.999 GHz is also allocated to the fixed-satellite service (space-to-Earth) on a secondary basis for beacon transmissions intended for up-link power control. ( 541 ) 5.541 In the band 28.5-30 GHz, the earth exploration-satellite service is limited to the transfer of data between stations and not to the primary collection of information by means of active or passive sensors. ( i ) 5.541A Feeder links of non-geostationary networks in the mobile-satellite service and geostationary networks in the fixed-satellite service operating in the band 29.1-29.5 GHz (Earth-to-space) shall employ uplink adaptive power control or other methods of fade compensation, such that the earth station transmissions shall be conducted at the power level required to meet the desired link performance while reducing the level of mutual interference between both networks. These methods shall apply to networks for which Appendix 4 coordination information is considered as having been received by the Bureau after 17 May 1996 and until they are changed by a future competent world radiocommunication conference. Administrations submitting Appendix 4 information for coordination before this date are encouraged to utilize these techniques to the extent practicable. ( ii ) [Reserved] ( 542 ) 5.542 Additional allocation: in Algeria, Saudi Arabia, Bahrain, Brunei Darussalam, Cameroon, China, Congo (Rep. of the), Egypt, the United Arab Emirates, Eritrea, Ethiopia, Guinea, India, Iran (Islamic Republic of), Iraq, Japan, Jordan, Kuwait, Lebanon, Malaysia, Mali, Morocco, Mauritania, Nepal, Oman, Pakistan, Philippines, Qatar, the Syrian Arab Republic, the Dem. People's Rep. of Korea, Somalia, Sudan, South Sudan, Sri Lanka and Chad, the band 29.5-31 GHz is also allocated to the fixed and mobile services on a secondary basis. The power limits specified in Nos. 21.3 and 21.5 shall apply. ( 543 ) 5.543 The band 29.95-30 GHz may be used for space-to-space links in the Earth exploration-satellite service for telemetry, tracking, and control purposes, on a secondary basis. ( i ) 5.543B The allocation to the fixed service in the frequency band 31-31.3 GHz is identified for worldwide use by high-altitude platform stations (HAPS). This identification does not preclude the use of this frequency band by other fixed-service applications or by other services to which this frequency band is allocated on a co-primary basis, and does not establish priority in the Radio Regulations. Such use of the fixed-service allocation by HAPS shall be in accordance with the provisions of Resolution 167 (WRC-19). ( ii ) [Reserved] ( 544 ) 5.544 In the band 31-31.3 GHz the power flux-density limits specified in Article 21, Table 21-4 shall apply to the space research service. ( 545 ) 5.545 Different category of service: in Armenia, Georgia, Kyrgyzstan, Tajikistan and Turkmenistan, the allocation of the band 31-31.3 GHz to the space research service is on a primary basis ( see No. 5.33). ( 546 ) 5.546 Different category of service: in Saudi Arabia, Armenia, Azerbaijan, Bahrain, Belarus, Egypt, the United Arab Emirates, Spain, Estonia, the Russian Federation, Georgia, Hungary, Iran (Islamic Republic of), Israel, Jordan, Lebanon, Moldova, Mongolia, Oman, Uzbekistan, Poland, the Syrian Arab Republic, Kyrgyzstan, Romania, the United Kingdom, South Africa, Tajikistan, Turkmenistan and Turkey, the allocation of the frequency band 31.5-31.8 GHz to the fixed and mobile, except aeronautical mobile, services is on a primary basis (see No. 5.33). ( 547 ) 5.547 The bands 31.8-33.4 GHz, 37-40 GHz, 40.5-43.5 GHz, 51.4-52.6 GHz, 55.78-59 GHz and 64-66 GHz are available for high-density applications in the fixed service (see Resolution 75 (Rev.WRC-12)). Administrations should take this into account when considering regulatory provisions in relation to these bands. Because of the potential deployment of high-density applications in the fixed-satellite service in the bands 39.5-40 GHz and 40.5-42 GHz (see para. (b)(516)(ii) of this section), administrations should further take into account potential constraints to high-density applications in the fixed service, as appropriate. ( 548 ) 5.548 In designing systems for the inter-satellite service in the band 32.3-33 GHz, for the radionavigation service in the band 32-33 GHz, and for the space research service (deep space) in the band 31.8-32.3 GHz, administrations shall take all necessary measures to prevent harmful interference between these services, bearing in mind the safety aspects of the radionavigation service ( see Recommendation 707). ( 549 ) 5.549 Additional allocation: in Saudi Arabia, Bahrain, Bangladesh, Egypt, the United Arab Emirates, Gabon, Indonesia, Iran (Islamic Republic of), Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, Malaysia, Mali, Morocco, Mauritania, Nepal, Nigeria, Oman, Pakistan, the Philippines, Qatar, the Syrian Arab Republic, the Dem. Rep. of the Congo, Singapore, Somalia, Sudan, South Sudan, Sri Lanka, Togo, Tunisia and Yemen, the band 33.4-36 GHz is also allocated to the fixed and mobile services on a primary basis. ( i ) 5.549A In the band 35.5-36.0 GHz, the mean power flux-density at the Earth's surface, generated by any spaceborne sensor in the Earth exploration-satellite service (active) or space research service (active), for any angle greater than 0.8° from the beam centre shall not exceed −73.3 dB(W/m 2 ) in this band. ( ii ) [Reserved] ( 550 ) 5.550 Different category of service: in Armenia, Azerbaijan, Belarus, the Russian Federation, Georgia, Kyrgyzstan, Tajikistan and Turkmenistan, the allocation of the band 34.7-35.2 GHz to the space research service is on a primary basis ( see No. 5.33). ( i ) 5.550A For sharing of the band 36-37 GHz between the Earth exploration-satellite (passive) service and the fixed and mobile services, Resolution 752 (WRC-07) shall apply. ( ii ) 5.550B The frequency band 37-43.5 GHz, or portions thereof, is identified for use by administrations wishing to implement the terrestrial component of International Mobile Telecommunications (IMT). This identification does not preclude the use of this frequency band by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. Because of the potential deployment of FSS earth stations within the frequency range 37.5-42.5 GHz and high-density applications in the fixed-satellite service in the frequency bands 39.5-40 GHz in Region 1, 40-40.5 GHz in all Regions and 40.5-42 GHz in Region 2 (see paragraph (b)(516)(ii) of this section), administrations should further take into account potential constraints to IMT in these frequency bands, as appropriate. Resolution 243 (WRC-19) applies. ( iii ) 5.550C The use of the frequency bands 37.5-39.5 GHz (space-to-Earth), 39.5-42.5 GHz (space-to-Earth), 47.2-50.2 GHz (Earth-to-space) and 50.4-51.4 GHz (Earth-to-space) by a non-geostationary-satellite system in the fixed-satellite service is subject to the application of the provisions of No. 9.12 for coordination with other non-geostationary-satellite systems in the fixed-satellite service but not with non-geostationary-satellite systems in other services. Resolution 770 (WRC-19) shall also apply, and No. 22.2 shall continue to apply. ( iv ) 5.550D The allocation to the fixed service in the frequency band 38-39.5 GHz is identified for worldwide use by administrations wishing to implement high-altitude platform stations (HAPS). In the HAPS-to-ground direction, the HAPS ground station shall not claim protection from stations in the fixed, mobile and fixed-satellite services; and No. 5.43A does not apply. This identification does not preclude the use of this frequency band by other fixed-service applications or by other services to which this frequency band is allocated on a co-primary basis and does not establish priority in the Radio Regulations. Furthermore, the development of the fixed-satellite, fixed and mobile services shall not be unduly constrained by HAPS. Such use of the fixed-service allocation by HAPS shall be in accordance with the provisions of Resolution 168 (WRC-19). ( v ) 5.550E The use of the frequency bands 39.5-40 GHz and 40-40.5 GHz by non-geostationary-satellite systems in the mobile-satellite service (space-to-Earth) and by non-geostationary-satellite systems in the fixed-satellite service (space-to-Earth) is subject to the application of the provisions of No. 9.12 for coordination with other non-geostationary-satellite systems in the fixed-satellite and mobile-satellite services but not with non-geostationary-satellite systems in other services. No. 22.2 shall continue to apply for non-geostationary-satellite systems. ( 551 ) 5.551F Different category of service: in Japan, the allocation of the band 41.5-42.5 GHz to the mobile service is on a primary basis ( see No. 5.33). ( i ) 5.551H The equivalent power flux-density (epfd) produced in the frequency band 42.5-43.5 GHz by all space stations in any non-geostationary-satellite system in the fixed-satellite service (space-to-Earth), or in the broadcasting-satellite service operating in the frequency band 42-42.5 GHz, shall not exceed the following values at the site of any radio astronomy station for more than 2% of the time: −230 dB(W/m 2 ) in 1 GHz and −246 dB(W/m 2 ) in any 500 kHz of the frequency band 42.5-43.5 GHz at the site of any radio astronomy station registered as a single-dish telescope; and −209 dB(W/m 2 ) in any 500 kHz of the frequency band 42.5-43.5 GHz at the site of any radio astronomy station registered as a very long baseline interferometry station. These epfd values shall be evaluated using the methodology given in Recommendation ITU-R S.1586-1 and the reference antenna pattern and the maximum gain of an antenna in the radio astronomy service given in Recommendation ITU-R RA.1631-0 and shall apply over the whole sky and for elevation angles higher than the minimum operating angle θ min of the radiotelescope (for which a default value of 5° should be adopted in the absence of notified information). These values shall apply at any radio astronomy station that either: was in operation prior to 5 July 2003 and has been notified to the Bureau before 4 January 2004; or was notified before the date of receipt of the complete Appendix 4 information for coordination or notification, as appropriate, for the space station to which the limits apply. Other radio astronomy stations notified after these dates may seek an agreement with administrations that have authorized the space stations. In Region 2, Resolution 743 (WRC-03) shall apply. The limits in this footnote may be exceeded at the site of a radio astronomy station of any country whose administration so agreed. ( ii ) 5.551I The power flux-density in the band 42.5-43.5 GHz produced by any geostationary space station in the fixed-satellite service (space-to-Earth), or the broadcasting-satellite service operating in the 42-42.5 GHz band, shall not exceed the following values at the site of any radio astronomy station: −137 dB(W/m 2 ) in 1 GHz and −153 dB(W/m 2 ) in any 500 kHz of the 42.5-43.5 GHz band at the site of any radio astronomy station registered as a single-dish telescope; and−116 dB(W/m 2 ) in any 500 kHz of the 42.5-43.5 GHz band at the site of any radio astronomy station registered as a very long baseline interferometry station. These values shall apply at the site of any radio astronomy station that either: was in operation prior to 5 July 2003 and has been notified to the Bureau before 4 January 2004; or was notified before the date of receipt of the complete Appendix 4 information for coordination or notification, as appropriate, for the space station to which the limits apply. Other radio astronomy stations notified after these dates may seek an agreement with administrations that have authorized the space stations. In Region 2, Resolution 743 (WRC-03) shall apply. The limits in this footnote may be exceeded at the site of a radio astronomy station of any country whose administration so agreed. ( 552 ) 5.552 The allocation of the spectrum for the fixed-satellite service in the bands 42.5-43.5 GHz and 47.2-50.2 GHz for Earth-to-space transmission is greater than that in the band 37.5-39.5 GHz for space-to-Earth transmission in order to accommodate feeder links to broadcasting satellites. Administrations are urged to take all practicable steps to reserve the band 47.2-49.2 GHz for feeder links for the broadcasting-satellite service operating in the band 40.5-42.5 GHz. ( i ) 5.552A The allocation to the fixed service in the frequency bands 47.2-47.5 GHz and 47.9-48.2 GHz is identified for use by high-altitude platform stations (HAPS). This identification does not preclude the use of this frequency band by any application of the services to which it is allocated on a co-primary basis, and does not establish priority in the Radio Regulations. Such use of the fixed-service allocation in the frequency bands 47.2-47.5 GHz and 47.9-48.2 GHz by HAPS shall be in accordance with the provisions of Resolution 122 (Rev.WRC-19). ( ii ) [Reserved] ( 553 ) 5.553 In the bands 43.5-47 GHz and 66-71 GHz, stations in the land mobile service may be operated subject to not causing harmful interference to the space radiocommunication services to which these bands are allocated ( see No. 5.43). ( i ) 5.553A In Algeria, Angola, Bahrain, Belarus, Benin, Botswana, Brazil, Burkina Faso, Cabo Verde, Korea (Rep. of), Côte d'Ivoire, Croatia, United Arab Emirates, Estonia, Eswatini, Gabon, Gambia, Ghana, Greece, Guinea, Guinea-Bissau, Hungary, Iran (Islamic Republic of), Iraq, Jordan, Kuwait, Lesotho, Latvia, Liberia, Lithuania, Madagascar, Malawi, Mali, Morocco, Mauritius, Mauritania, Mozambique, Namibia, Niger, Nigeria, Oman, Qatar, Senegal, Seychelles, Sierra Leone, Slovenia, Sudan, South Africa, Sweden, Tanzania, Togo, Tunisia, Zambia and Zimbabwe, the frequency band 45.5-47 GHz is identified for use by administrations wishing to implement the terrestrial component of International Mobile Telecommunications (IMT), taking into account paragraph (b)(553) of this section. With respect to the aeronautical mobile service and radionavigation service, the use of this frequency band for the implementation of IMT is subject to agreement obtained under No. 9.21 with concerned administrations and shall not cause harmful interference to, or claim protection from these services. This identification does not preclude the use of this frequency band by any application of the services to which it is allocated and does not establish priority in the Radio Regulations. Resolution 244 (WRC-19) applies. ( ii ) 5.553B In Region 2 and Algeria, Angola, Saudi Arabia, Australia, Bahrain, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Central African Rep., Comoros, Congo (Rep. of the), Korea (Rep. of), Côte d'Ivoire, Djibouti, Egypt, United Arab Emirates, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Equatorial Guinea, India, Iran (Islamic Republic of), Iraq, Japan, Jordan, Kenya, Kuwait, Lesotho, Liberia, Libya, Lithuania, Madagascar, Malaysia, Malawi, Mali, Morocco, Mauritius, Mauritania, Mozambique, Namibia, Niger, Nigeria, Oman, Uganda, Qatar, the Syrian Arab Republic, the Dem. Rep. of the Congo, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Singapore, Slovenia, Somalia, Sudan, South Sudan, South Africa, Sweden, Tanzania, Chad, Togo, Tunisia, Zambia and Zimbabwe, the frequency band 47.2-48.2 GHz is identified for use by administrations wishing to implement International Mobile Telecommunications (IMT). This identification does not preclude the use of this frequency band by any application of the services to which it is allocated, and does not establish any priority in the Radio Regulations. Resolution 243 (WRC-19) applies. ( 554 ) 5.554 In the bands 43.5-47 GHz, 66-71 GHz, 95-100 GHz, 123-130 GHz, 191.8-200 GHz and 252-265 GHz, satellite links connecting land stations at specified fixed points are also authorized when used in conjunction with the mobile-satellite service or the radionavigation-satellite service. ( i ) 5.554A The use of the bands 47.5-47.9 GHz, 48.2-48.54 GHz and 49.44-50.2 GHz by the fixed-satellite service (space-to-Earth) is limited to geostationary satellites. ( ii ) [Reserved] ( 555 ) 5.555 Additional allocation: the band 48.94-49.04 GHz is also allocated to the radio astronomy service on a primary basis. ( i ) 5.555B The power flux-density in the band 48.94-49.04 GHz produced by any geostationary space station in the fixed-satellite service (space-to-Earth) operating in the bands 48.2-48.54 GHz and 49.44-50.2 GHz shall not exceed −151.8 dB(W/m 2 ) in any 500 kHz band at the site of any radio astronomy station. ( ii ) 5.555C The use of the frequency band 51.4-52.4 GHz by the fixed-satellite service (Earth-to-space) is limited to geostationary-satellite networks. The earth stations shall be limited to gateway earth stations with a minimum antenna diameter of 2.4 metres. ( 556 ) 5.556 In the bands 51.4-54.25 GHz, 58.2-59 GHz and 64-65 GHz, radio astronomy observations may be carried out under national arrangements. ( i ) 5.556A Use of the bands 54.25-56.9 GHz, 57-58.2 GHz and 59-59.3 GHz by the inter-satellite service is limited to satellites in the geostationary-satellite orbit. The single-entry power flux-density at all altitudes from 0 km to 1000 km above the Earth's surface produced by a station in the inter-satellite service, for all conditions and for all methods of modulation, shall not exceed −147 dB(W/(m 2 · 100 MHz)) for all angles of arrival. ( ii ) 5.556B Additional allocation: in Japan, the band 54.25-55.78 GHz is also allocated to the mobile service on a primary basis for low-density use. ( 557 ) 5.557 Additional allocation: in Japan, the band 55.78-58.2 GHz is also allocated to the radiolocation service on a primary basis. ( i ) 5.557A In the band 55.78-56.26 GHz, in order to protect stations in the Earth exploration-satellite service (passive), the maximum power density delivered by a transmitter to the antenna of a fixed service station is limited to −26 dB(W/MHz). ( ii ) [Reserved] ( 558 ) 5.558 In the bands 55.78-58.2 GHz, 59-64 GHz, 66-71 GHz, 122.25-123 GHz, 130-134 GHz, 167-174.8 GHz and 191.8-200 GHz, stations in the aeronautical mobile service may be operated subject to not causing harmful interference to the inter-satellite service (see No. 5.43). ( i ) 5.558A Use of the band 56.9-57 GHz by inter-satellite systems is limited to links between satellites in geostationary-satellite orbit and to transmissions from non-geostationary satellites in high-Earth orbit to those in low-Earth orbit. For links between satellites in the geostationary-satellite orbit, the single entry power flux-density at all altitudes from 0 km to 1000 km above the Earth's surface, for all conditions and for all methods of modulation, shall not exceed −147 dB(W/(m 2 · 100 MHz)) for all angles of arrival. ( ii ) [Reserved] ( 559 ) 5.559 In the band 59-64 GHz, airborne radars in the radiolocation service may be operated subject to not causing harmful interference to the inter-satellite service (see No. 5.43). ( i ) 5.559AA The frequency band 66-71 GHz is identified for use by administrations wishing to implement the terrestrial component of International Mobile Telecommunications (IMT). This identification does not preclude the use of this frequency band by any application of the services to which this frequency band is allocated and does not establish priority in the Radio Regulations. Resolution 241 (WRC-19) applies. ( ii ) 5.559B The use of the frequency band 77.5-78 GHz by the radiolocation service shall be limited to short-range radar for ground-based applications, including automotive radars. The technical characteristics of these radars are provided in the most recent version of Recommendation ITU-R M.2057. The provisions of No. 4.10 do not apply. ( 560 ) 5.560 In the band 78-79 GHz radars located on space stations may be operated on a primary basis in the Earth exploration-satellite service and in the space research service. ( 561 ) 5.561 In the band 74-76 GHz, stations in the fixed, mobile and broadcasting services shall not cause harmful interference to stations of the fixed-satellite service or stations of the broadcasting-satellite service operating in accordance with the decisions of the appropriate frequency assignment planning conference for the broadcasting-satellite service. ( i ) 5.561A The 81-81.5 GHz band is also allocated to the amateur and amateur-satellite services on a secondary basis. ( ii ) 5.561B In Japan, use of the band 84-86 GHz, by the fixed-satellite service (Earth-to-space) is limited to feeder links in the broadcasting-satellite service using the geostationary-satellite orbit. ( 562 ) 5.562 The use of the band 94-94.1 GHz by the Earth exploration-satellite (active) and space research (active) services is limited to spaceborne cloud radars. ( i ) 5.562A In the bands 94-94.1 GHz and 130-134 GHz, transmissions from space stations of the Earth exploration-satellite service (active) that are directed into the main beam of a radio astronomy antenna have the potential to damage some radio astronomy receivers. Space agencies operating the transmitters and the radio astronomy stations concerned should mutually plan their operations so as to avoid such occurrences to the maximum extent possible. ( ii ) 5.562B In the frequency bands 105-109.5 GHz, 111.8-114.25 GHz and 217-226 GHz, the use of this allocation is limited to space-based radio astronomy only. ( iii ) 5.562C Use of the band 116-122.25 GHz by the inter-satellite service is limited to satellites in the geostationary-satellite orbit. The single-entry power flux-density produced by a station in the inter-satellite service, for all conditions and for all methods of modulation, at all altitudes from 0 km to 1000 km above the Earth's surface and in the vicinity of all geostationary orbital positions occupied by passive sensors, shall not exceed −148 dB(W/(m 2 · MHz)) for all angles of arrival. ( iv ) 5.562D Additional allocation: In Korea (Rep. of), the frequency bands 128-130 GHz, 171-171.6 GHz, 172.2-172.8 GHz and 173.3-174 GHz are also allocated to the radio astronomy service on a primary basis. Radio astronomy stations in Korea (Rep. of) operating in the frequency bands referred to in this footnote shall not claim protection from, or constrain the use and development of, services in other countries operating in accordance with the Radio Regulations. ( v ) 5.562E The allocation to the Earth exploration-satellite service (active) is limited to the band 133.5-134 GHz. ( vi ) - ( vii ) [Reserved] ( viii ) 5.562H Use of the bands 174.8-182 GHz and 185-190 GHz by the inter-satellite service is limited to satellites in the geostationary-satellite orbit. The single-entry power flux-density produced by a station in the inter-satellite service, for all conditions and for all methods of modulation, at all altitudes from 0 to 1000 km above the Earth's surface and in the vicinity of all geostationary orbital positions occupied by passive sensors, shall not exceed −144 dB(W/(m 2 · MHz)) for all angles of arrival. ( 563 ) 5.563A In the bands 200-209 GHz, 235-238 GHz, 250-252 GHz and 265-275 GHz, ground-based passive atmospheric sensing is carried out to monitor atmospheric constituents. ( i ) 5.563B The band 237.9-238 GHz is also allocated to the Earth exploration-satellite service (active) and the space research service (active) for spaceborne cloud radars only. ( ii ) [Reserved] ( 564 ) 5.564A For the operation of fixed and land mobile service applications in frequency bands in the range 275-450 GHz: The frequency bands 275-296 GHz, 306-313 GHz, 318-333 GHz and 356-450 GHz are identified for use by administrations for the implementation of land mobile and fixed service applications, where no specific conditions are necessary to protect Earth exploration-satellite service (passive) applications. The frequency bands 296-306 GHz, 313-318 GHz and 333-356 GHz may only be used by fixed and land mobile service applications when specific conditions to ensure the protection of Earth exploration-satellite service (passive) applications are determined in accordance with Resolution 731 (Rev.WRC-19). In those portions of the frequency range 275-450 GHz where radio astronomy applications are used, specific conditions ( e.g. minimum separation distances and/or avoidance angles) may be necessary to ensure protection of radio astronomy sites from land mobile and/or fixed service applications, on a case-by-case basis in accordance with Resolution 731 (Rev.WRC-19). The use of the above-mentioned frequency bands by land mobile and fixed service applications does not preclude use by, and does not establish priority over, any other applications of radio services in the range of 275-450 GHz. ( 565 ) 5.565 The following frequency bands in the range 275-1000 GHz are identified for use by administrations for passive service applications: ( i ) Radio astronomy service: 275-323 GHz, 327-371 GHz, 388-424 GHz, 426-442 GHz, 453-510 GHz, 623-711 GHz, 795-909 GHz and 926-945 GHz; and ( ii ) Earth exploration-satellite service (passive) and space research service (passive): 275-286 GHz, 296-306 GHz, 313-356 GHz, 361-365 GHz, 369-392 GHz, 397-399 GHz, 409-411 GHz, 416-434 GHz, 439-467 GHz, 477-502 GHz, 523-527 GHz, 538-581 GHz, 611-630 GHz, 634-654 GHz, 657-692 GHz, 713-718 GHz, 729-733 GHz, 750-754 GHz, 771-776 GHz, 823-846 GHz, 850-854 GHz, 857-862 GHz, 866-882 GHz, 905-928 GHz, 951-956 GHz, 968-973 GHz and 985-990 GHz. ( iii ) The use of the range 275-1000 GHz by the passive services does not preclude use of this range by active services. Administrations wishing to make frequencies in the 275-1000 GHz range available for active service applications are urged to take all practicable steps to protect these passive services from harmful interference until the date when the Table of Frequency Allocations is established in the above-mentioned 275-1000 GHz frequency range. ( iv ) All frequencies in the range 1000-3000 GHz may be used by both active and passive services. ( c ) United States Footnotes. United States footnotes, each in the format “US” followed by one or more digits, denote stipulations applicable to both Federal and non-Federal operations and thus appear in both the Federal Table and the non-Federal Table. The list of United States footnotes follows: ( 1 ) US1 The bands 2501-2502 kHz, 5003-5005 kHz, 10.003-10.005 MHz, 15.005-15.01 MHz, 19.99-19.995 MHz, 20.005-20.01 MHz, and 25.005-25.01 MHz are also allocated to the space research service on a secondary basis for Federal use. In the event of interference to the reception of the standard frequency and time broadcasts, these space research transmissions are subject to immediate temporary or permanent shutdown. ( 2 ) US2 In the band 9-490 kHz, electric utilities operate Power Line Carrier (PLC) systems on power transmission lines for communications important to the reliability and security of electric service to the public. These PLC systems operate under the provisions of part 15 of this chapter , or Chapter 8 of the NTIA Manual, on an unprotected and non-interference basis with respect to authorized radio users. Notification of intent to place new or revised radio frequency assignments or PLC frequency uses in the band 9-490 kHz is to be made in accordance with the Rules and Regulations of the FCC and NTIA, and users are urged to minimize potential interference to the extent practicable. This footnote does not provide any allocation status to PLC radio frequency uses. ( 3 ) - ( 7 ) [Reserved] ( 8 ) US8 The use of the frequencies 170.475, 171.425, 171.575, and 172.275 MHz east of the Mississippi River, and 170.425, 170.575, 171.475, 172.225 and 172.375 MHz west of the Mississippi River may be authorized to fixed, land and mobile stations operated by non-Federal forest firefighting agencies. In addition, land stations and mobile stations operated by non-Federal conservation agencies, for mobile relay operation only, may be authorized to use the frequency 172.275 MHz east of the Mississippi River and the frequency 171.475 MHz west of the Mississippi River. The use of any of the foregoing nine frequencies shall be on the condition that no harmful interference will be caused to Government stations. ( 9 ) - ( 10 ) [Reserved] ( 11 ) US11 On the condition that harmful interference is not caused to present or future Federal stations in the band 162-174 MHz, the frequencies 166.25 MHz and 170.15 MHz may be authorized to non-Federal stations, as follows: ( i ) Eligibles in the Public Safety Radio Pool may be authorized to operate in the fixed and land mobile services for locations within 150 miles (241.4 kilometers) of New York City; and ( ii ) Remote pickup broadcast stations may be authorized to operate in the land mobile service for locations within the conterminous United States, excluding locations within 150 miles of New York City and the Tennessee Valley Authority Area (TVA Area). The TVA Area is bounded on the west by the Mississippi River, on the north by the parallel of latitude 37°30′ N, and on the east and south by that arc of the circle with center at Springfield, IL, and radius equal to the airline distance between Springfield, IL and Montgomery, AL, subtended between the foregoing west and north boundaries. ( 12 ) [Reserved] ( 13 ) US13 The center frequencies in table 2 to paragraph (c)(13)(i) of this section, each with a channel bandwidth not greater than 12.5 kHz, are available for assignment to non-Federal fixed stations for the specific purpose of transmitting hydrological and meteorological data in cooperation with Federal agencies, subject to the condition that harmful interference will not be caused to Federal stations: ( i ) New assignments on the frequencies 406.125 MHz and 406.175 MHz are to be primarily for paired operations with the frequencies 415.125 MHz and 415.175 MHz, respectively. Table 2 to Paragraph (c) (13) (i) Hydro channels (MHz) 171.1000 406.1250 171.1125 406.1750 171.1250 412.6625 171.8250 412.6750 171.8375 412.6875 171.8500 412.7125 171.8625 412.7250 171.8750 412.7375 171.8875 412.7625 171.9000 412.7750 171.9125 415.1250 171.9250 415.1750 ( ii ) [Reserved] ( 14 ) US14 When 500 kHz is being used for distress purposes, ship and coast stations using morse telegraph may use 512 kHz for calling. ( 15 ) - ( 17 ) [Reserved] ( 18 ) US18 In the bands 9-14 kHz, 90-110 kHz, 190-415 kHz, 510-535 kHz, and 2700-2900 MHz, navigation aids in the U.S. and its insular areas are normally operated by the Federal Government. However, authorizations may be made by the FCC for non-Federal operations in these bands subject to the conclusion of appropriate arrangements between the FCC and the Federal agencies concerned and upon special showing of need for service which the Federal Government is not yet prepared to render. ( 19 ) - ( 21 ) [Reserved] ( 22 ) US22 The following provisions denoted in table 3 to this paragraph (c)(22) shall apply to non-Federal use of 68 carrier frequencies in the range 2-8 MHz, which are not coordinated with NTIA: ( i ) The frequencies authorized pursuant to §§ 90.264 (Disaster Communications) and 90.266 (Long Distance Communications) of this chapter are listed in columns 1-2 and columns 3-5, respectively. All stations are restricted to emission designator 2K80J3E, upper sideband transmissions, a maximum transmitter output power of 1 kW PEP, and to the class of station(s) listed in the column heading ( i.e., fixed (FX) for all frequencies; base and mobile (FB and ML) for the frequencies in column 1 and 3; itinerant FX for the frequencies in columns 4-5). ( ii ) Letter(s) to the right of a frequency indicate that the frequency is available only for the following purpose(s): ( A ) A or I: A lternate channel or I nterstate coordination. ( B ) C, E, M, or W: For stations located in the C onterminous U.S., E ast of 108° West Longitude (WL), West of the M ississippi River, or W est of 90° WL. Note 4 to § 2.106(c)(22)(ii)(B) : To determine the assigned frequency, add 1.4 kHz to the carrier frequency. Other emission designators may be authorized within the 2.8 kHz maximum necessary bandwidth pursuant to §§ 90.264 and 90.266 of this chapter . ( C ) D or N: From two hours after local sunrise until two hours before local sunset ( i.e., Day only operations) or from two hours prior to local sunset until two hours after local sunrise ( i.e., Night only operations). Table 3 to Paragraph (c) (22) Preferred carrier frequencies (kHz) Disaster communications Long distance communications FX, FB, ML FX FX, FB, ML FX (including itinerant) 2326 . . . I 5135 . . . A 2289 5046.6 . . . E 7480.1 2411 5140 . . . A, I 2292 5052.6 . . . E 7483.1 2414 2395 5055.6 . . . E 7486.1 . . . E 2419 5192 . . . I 2398 5061.6 . . . W 7549.1 . . . D 2422 5195 . . . I 5067.6 7552.1 2439 7477 . . . A 3170 5074.6 . . . E 7555.1 . . . W 2463 7480 . . . A 4538.6 . . . N 5099.1 7558.1 . . . W 2466 7802 . . . D 5102.1 7559.1 . . . W 2471 7805 . . . I 4548.6 . . . N 5313.6 7562.1 . . . W 2474 7932 6800.1 . . . N 7697.1 2487 7935 . . . C, D 4575 6803.1 2511 4610.5 6806.1 . . . W 2535 4613.5 6855.1 . . . N, M 2569 4634.5 2587 4637.5 6858.1 . . . N 2801 4647 6861.1 . . . W 2804 . . . A 6885.1 . . . N 2812 6888.1 . . . N ( 23 ) US23 In the band 5330.5-5406.4 kHz (60 m band), the assigned frequencies 5332, 5348, 5358.5, 5373, and 5405 kHz are allocated to the amateur service on a secondary basis. Amateur service use of the 60 m band frequencies is restricted to a maximum effective radiated power of 100 W PEP and to the following emission types and designators: phone (2K80J3E), data (2K80J2D), RTTY (60H0J2B), and CW (150HA1A). Amateur operators using the data and RTTY emissions must exercise care to limit the length of transmissions so as to avoid causing harmful interference to Federal stations. ( 24 ) [Reserved] ( 25 ) US25 The use of frequencies in the band 25.85-26.175 MHz may be authorized in any area to non-Federal remote pickup broadcast base and mobile stations on the condition that harmful interference is not caused to stations of the broadcasting service in the band 25.85-26.1 MHz and to stations of the maritime mobile service in the band 26.1-26.175 MHz. Frequencies within the band 26.1-26.175 MHz may also be assigned for use by low power auxiliary stations. ( 26 ) US26 The bands 117.975-121.4125 MHz, 123.5875-128.8125 MHz and 132.0125-136.0 MHz are for air traffic control communications. ( 27 ) [Reserved] ( 28 ) US28 The band 121.5875-121.9375 MHz is for use by aeronautical utility land and mobile stations, and for air traffic control communications. ( 29 ) [Reserved] ( 30 ) US30 The band 121.9375-123.0875 MHz is available to FAA aircraft for communications pursuant to flight inspection functions in accordance with the Federal Aviation Act of 1958. ( 31 ) US31 The frequencies 122.700, 122.725, 122.750, 122.800, 122.950, 122.975, 123.000, 123.050 and 123.075 MHz may be assigned to aeronautical advisory stations. In addition, at landing areas having a part-time or no airdrome control tower or FAA flight service station, these frequencies may be assigned on a secondary non-interference basis to aeronautical utility mobile stations, and may be used by FAA ground vehicles for safety related communications during inspections conducted at such landing areas. ( i ) The frequencies 122.850, 122.900 and 122.925 MHz may be assigned to aeronautical multicom stations. In addition, 122.850 MHz may be assigned on a secondary noninterference basis to aeronautical utility mobile stations. In case of 122.925 MHz, paragraph (c)(213) of this section applies. ( ii ) Air carrier aircraft stations may use 122.000 and 122.050 MHz for communication with aeronautical stations of the Federal Aviation Administration and 122.700, 122.800, 122.900 and 123.000 MHz for communications with aeronautical stations pertaining to safety of flight with and in the vicinity of landing areas not served by a control tower. ( iii ) Frequencies in the band 121.9375-122.6875 MHz may be used by aeronautical stations of the Federal Aviation Administration for communication with aircraft stations. ( 32 ) US32 Except for the frequencies 123.3 and 123.5 MHz, which are not authorized for Federal use, the band 123.1125-123.5875 MHz is available for FAA communications incident to flight test and inspection activities pertinent to aircraft and facility certification on a secondary basis. ( 33 ) US33 The band 123.1125-123.5875 MHz is for use by flight test and aviation instructional stations. The frequency 121.950 MHz is available for aviation instructional stations. ( 34 ) - ( 35 ) [Reserved] ( 36 ) US36 In Hawaii, the bands 120.647-120.653 MHz and 127.047-127.053 MHz are also allocated to the aeronautical mobile service on a primary basis for non-Federal aircraft air-to-air communications on 120.65 MHz (Maui) and 127.05 MHz (Hawaii and Kauai) as specified in § 87.187 of this chapter . ( 37 ) - ( 40 ) [Reserved] ( 41 ) US41 In the band 2450-2500 MHz, the Federal radiolocation service is permitted on condition that harmful interference is not caused to non-Federal services. ( 42 ) - ( 43 ) [Reserved] ( 44 ) US44 In the band 2900-3100 MHz, the non-Federal radiolocation service may be authorized on the condition that no harmful interference is caused to Federal services. ( 45 ) - ( 48 ) [Reserved] ( 49 ) US49 In the band 5460-5470 MHz, the non-Federal radiolocation service may be authorized on the condition that it does not cause harmful interference to the aeronautical or maritime radionavigation services or to the Federal radiolocation service. ( 50 ) US50 In the band 5470-5650 MHz, the radiolocation service may be authorized for non-Federal use on the condition that harmful interference is not caused to the maritime radionavigation service or to the Federal radiolocation service. ( 51 ) [Reserved] ( 52 ) US52 In the VHF maritime mobile band (156-162 MHz), the following provisions apply: ( i ) Except as provided for below, the use of the bands 161.9625-161.9875 MHz (AIS 1 with center frequency 161.975 MHz) and 162.0125-162.0375 MHz (AIS 2 with center frequency 162.025 MHz) by the maritime mobile and mobile-satellite (Earth-to-space) services is restricted to Automatic Identification Systems (AIS). The use of these bands by the aeronautical mobile (OR) service is restricted to AIS emissions from search and rescue aircraft operations. Frequencies in the AIS 1 band may continue to be used by non-Federal base, fixed, and land mobile stations until March 2, 2024. ( ii ) The use of the bands 156.7625-156.7875 MHz (AIS 3 with center frequency 156.775 MHz) and 156.8125-156.8375 MHz (AIS 4 with center frequency 156.825 MHz) by the mobile-satellite service (Earth-to-space) is restricted to the reception of long-range AIS broadcast messages from ships (Message 27; see most recent version of Recommendation ITU-R M.1371). ( iii ) The frequency 156.3 MHz may also be used by aircraft stations for the purpose of search and rescue operations and other safety-related communication. ( iv ) Federal stations in the maritime mobile service may also be authorized as follows: ( A ) Vessel traffic services under the control of the U.S. Coast Guard on a simplex basis by coast and ship stations on the frequencies 156.25, 156.55, 156.6 and 156.7 MHz; ( B ) Inter-ship use of the frequency 156.3 MHz on a simplex basis; ( C ) Navigational bridge-to-bridge and navigational communications on a simplex basis by coast and ship stations on the frequencies 156.375 and 156.65 MHz; ( D ) Port operations use on a simplex basis by coast and ship stations on the frequencies 156.6 and 156.7 MHz; ( E ) Environmental communications on the frequency 156.75 MHz in accordance with the national plan; and ( F ) Duplex port operations use of the frequencies 157 MHz for ship stations and 161.6 MHz for coast stations. ( 53 ) US53 In view of the fact that the band 13.25-13.4 GHz is allocated to doppler navigation aids, Federal and non-Federal airborne doppler radars in the aeronautical radionavigation service are permitted in the band 8750-8850 MHz only on the condition that they must accept any interference that may be experienced from stations in the radiolocation service in the band 8500-10000 MHz. ( 54 ) [Reserved] ( 55 ) US55 In the bands 162.0375-173.2 MHz and 406.1-420 MHz, the FCC may authorize public safety applicants to use the 40 Federal Interoperability Channels that are designated for joint Federal/non-Federal operations for law enforcement, public safety, emergency response and disaster response in Section 4.3.16 of the NTIA Manual, subject to the condition that that these non-Federal mobile (including portable) interoperability communications shall conform to the national plans specified therein, and in particular, shall not cause harmful interference to Federal stations. The procedure for authorizing such use is set forth in § 90.25 of this chapter . ( 56 ) - ( 58 ) [Reserved] ( 59 ) US59 The band 10.5-10.55 GHz is restricted to systems using type NON (AO) emission with a power not to exceed 40 watts into the antenna. ( 60 ) - ( 63 ) [Reserved] ( 64 ) US64 ( i ) In the band 401-406 MHz, the mobile, except aeronautical mobile, service is allocated on a secondary basis and is limited to, with the exception of military tactical mobile stations, Medical Device Radiocommunication Service (MedRadio) operations. MedRadio stations are authorized by rule on the condition that harmful interference is not caused to stations in the meteorological aids, meteorological-satellite, and Earth exploration-satellite services, and that MedRadio stations accept interference from stations in the meteorological aids, meteorological-satellite, and Earth exploration-satellite services. ( ii ) The bands 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz are also allocated on a secondary basis to the mobile, except aeronautical mobile, service. The use of this allocation is limited to MedRadio operations. MedRadio stations are authorized by rule and operate in accordance with part 95 of this chapter . ( 65 ) US65 The use of the band 5460-5650 MHz by the maritime radionavigation service is limited to shipborne radars. ( 66 ) [Reserved] ( 67 ) US67 The use of the band 9300-9500 MHz by the meteorological aids service is limited to ground-based radars. Radiolocation installations will be coordinated with the meteorological aids service and, insofar as practicable, will be adjusted to meet the requirements of the meteorological aids service. ( 68 ) [Reserved] ( 69 ) US69 In the band 31.8-33.4 GHz, ground-based radionavigation aids are not permitted except where they operate in cooperation with airborne or shipborne radionavigation devices. ( 70 ) US70 The meteorological aids service allocation in the band 400.15-406.0 MHz does not preclude the operation therein of associated ground transmitters. ( 71 ) US71 In the band 9300-9320 MHz, low-powered maritime radionavigation stations shall be protected from harmful interference caused by the operation of land-based equipment. ( 72 ) [Reserved] ( 73 ) US73 The frequencies 150.775, 150.79, 152.0075, and 163.25 MHz, and the bands 462.94-463.19675 and 467.94-468.19675 MHz shall be authorized for the purpose of delivering or rendering medical services to individuals (medical radiocommunication systems), and shall be authorized on a primary basis for Federal and non-Federal use. The frequency 152.0075 MHz may also be used for the purpose of conducting public safety radio communications that include, but are not limited to, the delivering or rendering of medical services to individuals. ( i ) The use of the frequencies 150.775 and 150.79 MHz is restricted to mobile stations operating with a maximum e.r.p. of 100 watts. Airborne operations are prohibited. ( ii ) The use of the frequencies 152.0075 and 163.25 MHz is restricted to base stations that are authorized only for one-way paging communications to mobile receivers. Transmissions for the purpose of activating or controlling remote objects on these frequencies shall not be authorized. ( iii ) Non-Federal licensees in the Public Safety Radio Pool holding a valid authorization on May 27, 2005, to operate on the frequencies 150.7825 and 150.7975 MHz may, upon proper renewal application, continue to be authorized for such operation; provided that harmful interference is not caused to present or future Federal stations in the band 150.05-150.8 MHz and, should harmful interference result, that the interfering non-Federal operation shall immediately terminate. ( 74 ) US74 In the bands 25.55-25.67, 73-74.6, 406.1-410, 608-614, 1400-1427, 1660.5-1670, 2690-2700, and 4990-5000 MHz, and in the bands 10.68-10.7, 15.35-15.4, 23.6-24.0, 31.3-31.5, 86-92, 100-102, 109.5-111.8, 114.25-116, 148.5-151.5, 164-167, 200-209, and 250-252 GHz, the radio astronomy service shall be protected from unwanted emissions only to the extent that such radiation exceeds the level which would be present if the offending station were operating in compliance with the technical standards or criteria applicable to the service in which it operates. Radio astronomy observations in these bands are performed at the locations listed in paragraph (c)(385) of this section. ( 75 ) - ( 78 ) [Reserved] ( 79 ) US79 In the bands 1390-1400 MHz and 1427-1432 MHz, the following provisions shall apply: ( i ) Airborne and space-to-Earth operations are prohibited. ( ii ) Federal operations (except for devices authorized by the FCC for the Wireless Medical Telemetry Service) are on a non-interference basis to non-Federal operations and shall not constrain implementation of non-Federal operations. ( iii ) US79A The use of the bands 415-472 kHz, 479-495 kHz, and 505-510 kHz by the maritime mobile service is limited to radiotelegraphy. ( 80 ) US80 Federal stations may use the frequency 122.9 MHz subject to the following conditions: ( i ) All operations by Federal stations shall be restricted to the purpose for which the frequency is authorized to non-Federal stations, and shall be in accordance with the appropriate provisions of part 87 (Aviation Services) of this chapter; ( ii ) Use of the frequency is required for coordination of activities with Commission licensees operating on this frequency; and ( iii ) Federal stations will not be authorized for operation at fixed locations. ( 81 ) US81 The band 38-38.25 MHz is used by both Federal and non-Federal radio astronomy observatories. No new fixed or mobile assignments are to be made and Federal stations in the band 38-38.25 MHz will be moved to other bands on a case-by-case basis, as required, to protect radio astronomy observations from harmful interference. As an exception, however, low powered military transportable and mobile stations used for tactical and training purposes will continue to use the band. To the extent practicable, the latter operations will be adjusted to relieve such interference as may be caused to radio astronomy observations. In the event of harmful interference from such local operations, radio astronomy observatories may contact local military commands directly, with a view to effecting relief. A list of military commands, areas of coordination, and points of contact for purposes of relieving interference may be obtained upon request from the Office of Engineering and Technology, FCC, Washington, DC 20554. ( 82 ) US82 In the bands 4146-4152 kHz, 6224-6233 kHz, 8294-8300 kHz, 12.353-12.368 MHz, 16.528-16.549 MHz, 18.825-18.846 MHz, 22.159-22.18 MHz, and 25.1-25.121 MHz, the assignable frequencies may be authorized on a shared non-priority basis to Federal and non-Federal ship and coast stations (SSB telephony, with peak envelope power not to exceed 1 kW). ( 83 ) US83 In the 1432-1435 MHz band, Federal stations in the fixed and mobile services may operate indefinitely on a primary basis at the 22 sites listed in table 4 to this paragraph (c)(83) . The first 21 sites are in the United States and the last site is in Guam (GU). All other Federal stations in the fixed and mobile services shall operate in the band 1432-1435 MHz on a primary basis until reaccommodated in accordance with the National Defense Authorization Act of 1999. Table 4 to Paragraph (c) (83) State Site North West Radius AK Fort Greely 63°47′ 145°52′ 80 AL Redstone Arsenal 34°35′ 086°35′ 80 AZ Fort Huachuca 31°33′ 110°18′ 80 AZ Yuma Proving Ground 32°29′ 114°20′ 160 CA China Lake/Edwards AFB 35°29′ 117°16′ 100 CA Lemoore 36°20′ 119°57′ 120 FL Eglin AFB/Ft Rucker, AL 30°28′ 086°31′ 140 FL NAS Cecil Field 30°13′ 081°52′ 160 MD Patuxent River 38°17′ 076°24′ 70 ME Naval Space Operations Center 44°24′ 068°01′ 80 MI Alpene Range 44°23′ 083°20′ 80 MS Camp Shelby 31°20′ 089°18′ 80 NC MCAS Cherry Point 34°54′ 076°53′ 100 NM White Sands Missile Range/Holloman AFB 32°11′ 106°20′ 160 NV NAS Fallon 39°30′ 118°46′ 100 NV Nevada Test and Training Range (NTTR) 37°29′ 114°14′ 130 SC Beaufort MCAS 32°26′ 080°40′ 160 SC Savannah River 33°15′ 081°39′ 3 UT Utah Test and Training Range/Dugway Proving Ground, Hill AFB 40°57′ 113°05′ 160 VA NAS Oceana 36°49′ 076°01′ 100 WA NAS Whidbey Island 48°21′ 122°39′ 70 GU NCTAMS 13°35′ 144°51′ 80 Note 5 to table 4 to § 2.106(c)(83) ; The coordinates (North latitude and West longitude) are listed under the headings North and West. The Guam entry under the West heading is actually 144°51′ East longitude. The operating radii in kilometers are listed under the heading Radius. ( 84 ) US84 In the bands 941.5-944 MHz and 1435-1525 MHz, low power auxiliary stations may be authorized on a secondary basis, subject to the terms and conditions set forth in part 74, subpart H of this chapter . ( 85 ) US85 Differential-Global-Positioning-System (DGPS) Stations, limited to ground-based transmitters, may be authorized on a primary basis in the band 1559-1610 MHz for the specific purpose of transmitting DGPS information intended for aircraft navigation. ( 86 ) [Reserved] ( 87 ) US87 The band 449.75-450.25 MHz may be used by Federal and non-Federal stations for space telecommand (Earth-to-space) at specific locations, subject to such conditions as may be applied on a case-by-case basis. Operators shall take all practical steps to keep the carrier frequency close to 450 MHz. ( 88 ) US88 In the bands 1675-1695 MHz and 1695-1710 MHz, the following provisions shall apply: ( i ) Non-Federal use of the band 1695-1710 MHz by the fixed and mobile except aeronautical mobile services is restricted to stations in the Advanced Wireless Service (AWS). Base stations that enable AWS mobile and portable stations to operate in the band 1695-1710 MHz must be successfully coordinated prior to operation as follows: ( A ) All base stations within the 27 protection zones listed in paragraph (ii) that enable mobiles to operate at a maximum e.i.r.p. of 20 dBm; and ( B ) Nationwide for base stations that enable mobiles to operate with a maximum e.i.r.p. greater than 20 dBm, up to a maximum e.i.r.p. of 30 dBm, unless otherwise specified by Commission rule, order, or notice. ( ii ) Forty-seven Federal earth stations located within the protection zones listed below operate on a co-equal, primary basis with AWS operations. All other Federal earth stations operate on a secondary basis. Table 5 to Paragraph (c) (88) (ii) —Protection Zones for Federal Earth Stations Receiving in the Band 1695-1710 MH z State Location Latitude Longitude Radius (km) AK Barrow 71°19′22″ 156°36′41″ 35 AK Elmendorf AFB 61°14′08″ 149°55′31″ 98 AK Fairbanks 64°58′22″ 147°30′02″ 20 AZ Yuma 32°39′24″ 114°36′22″ 95 CA Monterey 36°35′34″ 121°51′20″ 76 CA Twenty-Nine Palms 34°17′46″ 116°09′44″ 80 FL Miami 25°44′05″ 080°09′45″ 51 HI Hickam AFB 21°19′18″ 157°57′30″ 28 MD Suitland 38°51′07″ 076°56′12″ 98 MS Stennis Space Center 30°21′23″ 089°36′41″ 57 SD Sioux Falls 43°44′09″ 096°37′33″ 42 VA Wallops Island 37°56′45″ 075°27′45″ 30 GU Andersen AFB 13°34′52″ 144°55′28″ 42 Table 6 to paragraph (c) (88) (ii) —Protection Zones For Federal Earth Stations Receiving in the Band 1675-1695 MH z State Location Latitude Longitude Radius (km) CA Sacramento 38°35′50″ 121°32′34″ 55 CO Boulder 39°59′26″ 105°15′51″ 02 ID Boise 43°35′42″ 116°13′49″ 39 IL Rock Island 41°31′04″ 090°33′46″ 19 MO Kansas City 39°16′40″ 094°39′44″ 40 MO St. Louis 38°35′26″ 090°12′25″ 34 MS Columbus Lake 33°32′04″ 088°30′06″ 03 MS Vicksburg 32°20′47″ 090°50′10″ 16 NE Omaha 41°20′56″ 095°57′34″ 30 OH Cincinnati 39°06′10″ 084°30′35″ 32 OK Norman 35°10′52″ 097°26′21″ 03 TN Knoxville 35°57′58″ 083°55′13″ 50 WV Fairmont 39°26′02″ 080°11′33″ 04 PR Guaynabo 18°25′26″ 066°06′50″ 48 Note 6 to § 2.106(c)(88)(ii) ; The coordinates are specified in the conventional manner (North latitude, West longitude), except that the Guam (GU) entry is specified in terms of East longitude. ( 89 ) [Reserved] ( 90 ) US90 In the band 2025-2110 MHz, the power flux-density at the Earth's surface produced by emissions from a space station in the space operation, Earth exploration-satellite, or space research service that is transmitting in the space-to-space direction, for all conditions and all methods of modulation, shall not exceed the following values in any 4 kHz sub-band: −154 dBW/m 2 for angles of arrival above the horizontal plane (δ) of 0° to 5°, −154 + 0.5(δ-5) dBW/m 2 for δ of 5° to 25°, and −144 dBW/m 2 for δ of 25° to 90°. ( 91 ) US91 In the band 1755-1780 MHz, the following provisions shall apply: ( i ) Non-Federal use of the band 1755-1780 MHz by the fixed and mobile services is restricted to stations in the Advanced Wireless Service (AWS). Base stations that enable AWS mobile and portable stations to operate in the band 1755-1780 MHz must be successfully coordinated on a nationwide basis prior to operation, unless otherwise specified by Commission rule, order, or notice. ( ii ) In the band 1755-1780 MHz, the Federal systems listed below operate on a co-equal, primary basis with AWS stations. All other Federal stations in the fixed and mobile services identified in an approved Transition Plan will operate on a primary basis until reaccommodated in accordance with part 301 of this chapter . ( A ) Joint Tactical Radio Systems (JTRS) may operate indefinitely at the locations provided in table 7. Table 7 to Paragraph (c) (91) (ii) (A) State Training area Latitude Longitude AZ Yuma Proving Ground 33°12′14″ 114°13′47″ CA Fort Irwin 35°23′19″ 116°37′43″ LA Fort Polk 31°08′38″ 093°06′52″ NC Fort Bragg (including Camp MacKall) 35°09′04″ 078°59′13″ NM White Sands Missile Range 32°52′50″ 106°23′10″ TX Fort Hood 31°13′50″ 097°45′23″ ( B ) Air combat training system (ACTS) stations may operate on two frequencies within two geographic zones that are defined by the coordinates provided in table 8. Table 8 to Paragraph (c) (91) (ii) (B) Geographic Zone Latitude Longitude Polygon 1 41°52′00″ 117°49′00″ 42°00′00″ 115°05′00″ 43°31′13″ 115°47′18″ Polygon 2 47°29′00″ 111°22′00″ 48°13′00″ 110°00′00″ 47°30′00″ 107°00′00″ 44°11′00″ 103°06′00″ Note 7 to § 2.106(c)(91)(ii)(B) : ACTS transmitters may cause interference to AWS base stations between separation distances of 285 km (minimum) and 415 km (maximum). ( C ) In the sub-band 1761-1780 MHz, Federal earth stations in the space operation service (Earth-to-space) may transmit at the 25 sites identified in table 9 and non-Federal base stations must accept harmful interference caused by the operation of these earth stations. Table 9 to Paragraph (c) (91) (ii) (C) State Site Latitude Longitude AK Fairbanks 64°58′20″ 147°30′59″ CA Camp Parks 37°43′51″ 121°52′50″ CA Huntington Beach 33°44′50″ 118°02′04″ CA Laguna Peak 34°06′31″ 119°03′53″ CA Monterey 36°35′42″ 121°52′28″ CA Sacramento 38°39′59″ 121°23′33″ CA Vandenberg AFB 34°49′23″ 120°30′07″ CO Buckley 39°42′55″ 104°46′29″ CO Schriever AFB 38°48′22″ 104°31′41″ FL Cape Canaveral AFS 28°29′09″ 080°34′33″ FL Cape GA, CCAFB 28°29′03″ 080°34′21″ FL JIATF-S Key West 24°32′36″ 081°48′17″ HI Kaena Point, Oahu 21°33′43″ 158°14′31″ MD Annapolis 38°59′27″ 076°29′25″ MD Blossom Point 38°25′53″ 077°05′06″ MD Patuxent River NAS 38°16′28″ 076°24′45″ ME Prospect Harbor 44°24′16″ 068°00′46″ NC Ft Bragg 35°09′04″ 078°59′13″ NH New Boston AFS 42°56′46″ 071°37′44″ NM Kirtland AFB 34°59′06″ 106°30′28″ TX Ft Hood 31°08′57″ 097°46′12″ VA Fort Belvoir 38°44′04″ 077°09′12″ WA Joint Base Lewis-McChord 47°06′11″ 122°33′11″ GU Andersen AFB 13°36′54″ 144°51′22″ GU NAVSOC Det. Charlie 13°34′58″ 144°50′32″ Note 8 to § 2.106(c)(91)(ii)(C) : The coordinates are specified in the conventional manner (North latitude, West longitude), except that the Guam (GU) entries are specified in terms of East longitude. Use at Cape Canaveral AFS is restricted to launch support only. If required, successfully coordinated with all affected AWS licensees, and authorized by NTIA, reasonable modifications of these grandfathered Federal systems beyond their current authorizations or the addition of new earth station locations may be permitted. The details of the coordination must be filed with NTIA and FCC. ( iii ) In the band 1755-1780 MHz, the military services may conduct Electronic Warfare (EW) operations on Federal ranges and within associated airspace on a non-interference basis with respect to non-Federal AWS operations and shall not constrain implementation of non-Federal AWS operations. This use is restricted to Research, Development, Test and Evaluation (RDT&E), training, and Large Force Exercise (LFE) operations. ( 92 ) US92 In the band 2025-2110 MHz, Federal use of the co-primary fixed and mobile services is restricted to the military services and the following provisions apply: ( i ) Federal use shall not cause harmful interference to, nor constrain the deployment and use of the band by, the Television Broadcast Auxiliary Service, the Cable Television Relay Service, or the Local Television Transmission Service. To facilitate compatible operations, coordination is required in accordance with a Memorandum of Understanding between Federal and non-Federal fixed and mobile operations. Non-Federal licensees shall make all reasonable efforts to accommodate military mobile and fixed operations; however, the use of the band 2025-2110 MHz by the non-Federal fixed and mobile services has priority over military fixed and mobile operations. ( ii ) Military stations should, to the extent practicable, employ frequency agile technologies and techniques, including the capability to tune to other frequencies and the use of a modular retrofit capability, to facilitate sharing of this band with incumbent Federal and non-Federal operations. ( 93 ) US93 In the conterminous United States, the frequency 108.0 MHz may be authorized for use by VOR test facilities, the operation of which is not essential for the safety of life or property, subject to the condition that no interference is caused to the reception of FM broadcasting stations operating in the band 88-108 MHz. In the event that such interference does occur, the licensee or other agency authorized to operate the facility shall discontinue operation on 108 MHz and shall not resume operation until the interference has been eliminated or the complaint otherwise satisfied. VOR test facilities operating on 108 MHz will not be protected against interference caused by FM broadcasting stations operating in the band 88-108 MHz nor shall the authorization of a VOR test facility on 108 MHz preclude the Commission from authorizing additional FM broadcasting stations. ( 94 ) - ( 95 ) [Reserved] ( 96 ) US96 The band 2200-2290 MHz is allocated to the space operation service (space-to-Earth) on a secondary basis for non-Federal use subject to the following conditions. Non-Federal stations shall be: ( i ) Restricted to transmissions from the launch vehicle in the sub-bands 2208.5-2213.5 MHz, 2212.5-2217.5 MHz, 2270-2275 MHz, and 2285-2290 MHz (necessary bandwidth shall be contained within these ranges); ( ii ) Restricted to use for pre-launch testing and space launch operations, except as provided under US303; and ( iii ) Subject to coordination with NTIA prior to each launch. ( 97 ) US97 The following provisions shall apply in the band 2305-2320 MHz: ( i ) In the sub-band 2305-2310 MHz, space-to-Earth operations are prohibited. ( ii ) Within 145 km of Goldstone, CA (35°25′33″ N, 116°53′23″ W), Wireless Communications Service (WCS) licensees operating base stations in the band 2305-2320 MHz shall, prior to operation of those base stations, achieve a mutually satisfactory coordination agreement with the National Aeronautics and Space Administration (NASA). Note 9 to § 2.106(c)(97) : NASA operates a deep space facility in Goldstone in the band 2290-2300 MHz. ( 98 ) [Reserved] ( 99 ) US99 In the band 1668.4-1670 MHz, the meteorological aids service (radiosonde) will avoid operations to the maximum extent practicable. Whenever it is necessary to operate radiosondes in the band 1668.4-1670 MHz within the United States, notification of the operations shall be sent as far in advance as possible to the National Science Foundation, Division of Astronomical Sciences, Electromagnetic Spectrum Management Unit, 2415 Eisenhower Avenue, Alexandria, VA 22314; Email: esm@nsf.gov . ( 100 ) US100 The bands 2310-2320 and 2345-2360 MHz are available for Federal aeronautical telemetering and associated telecommand operations for flight testing of manned or unmanned aircraft, missiles, or major components thereof, on a secondary basis to the Wireless Communications Service (WCS). The frequencies 2312.5 MHz and 2352.5 MHz are shared on a co-equal basis by Federal stations for telemetering and associated telecommand operations of expendable and reusable launch vehicles, irrespective of whether such operations involve flight testing. Other Federal mobile telemetering uses may be provided in the bands 2310-2320 and 2345-2360 MHz on a non-interference basis to all other uses authorized pursuant to this paragraph (c)(100) . ( 101 ) US101 The band 2360-2400 MHz is also allocated on a secondary basis to the mobile, except aeronautical mobile, service. The use of this allocation is limited to MedRadio operations. MedRadio stations are authorized by rule and operate in accordance with part 95 of this chapter . ( 102 ) US102 In Alaska only, the frequency 122.1 MHz may also be used for air carrier air traffic control purposes at locations where other frequencies are not available to air carrier aircraft stations for air traffic control. ( 103 ) US103 In the band 3300-3550 MHz, non-Federal stations in the radiolocation service that were licensed (or licensed pursuant to applications accepted for filing) before February 22, 2019 may continue to operate on a secondary basis until 180 days after the issuance of the first flexible-use licenses in the 3.45 GHz Service. No new assignments shall be made. In the band 3300-3500 MHz, stations in the amateur service may continue to operate on a secondary basis until new flexible-use licenses are issued for operation in the band in which they operate. Amateur operations between 3450 MHz and 3500 MHz must cease within 90 days of the public notice announcing the close of the auction for the 3.45 GHz Service. Stations in the amateur service may continue to operate in the band 3300-3450 MHz on a secondary basis while the band's future uses are finalized, but stations in the amateur service may be required to cease operations in the band 3300-3450 MHz at any time if the amateur service causes harmful interference to flexible-use operations. ( 104 ) US104 In the band 90-110 kHz, the LORAN radionavigation system has priority in the United States and its insular areas. Radiolocation land stations making use of LORAN type equipment may be authorized to both Federal and non-Federal licensees on a secondary basis for offshore radiolocation activities only at specific locations and subject to such technical and operational conditions ( e.g., power, emission, pulse rate and phase code, hours of operation), including on-the-air testing, as may be required on a case-by-case basis to ensure protection of the LORAN radionavigation system from harmful interference and to ensure mutual compatibility among radiolocation operators. Such authorizations to stations in the radiolocation service are further subject to showing of need for service which is not currently provided and which the Federal Government is not yet prepared to render by way of the radionavigation service. ( 105 ) US105 In the band 3550-3650 MHz, non-Federal stations in the radiolocation service that were licensed or applied for prior to July 23, 2015 may continue to operate on a secondary basis until the end of the equipment's useful lifetime. ( 106 ) [Reserved] ( 107 ) US107 In the band 3600-3650 MHz, the following provisions shall apply to earth stations in the fixed-satellite service (space-to-Earth): ( i ) Earth stations authorized prior to, or granted as a result of an application filed prior to, July 23, 2015 and constructed within 12 months of initial authorization may continue to operate on a primary basis. Applications for modifications to such earth station facilities filed after July 23, 2015 shall not be accepted, except for changes in polarization, antenna orientation, or ownership; and increases in antenna size for interference mitigation purposes. ( ii ) The assignment of frequencies to new earth stations after July 23, 2015 shall be authorized on a secondary basis. ( 108 ) US108 In the band 10-10.5 GHz, survey operations, using transmitters with a peak power not to exceed five watts into the antenna, may be authorized for Federal and non-Federal use on a secondary basis to other Federal radiolocation operations. ( 109 ) US109 The band 3650-3700 MHz is also allocated to the Federal radiolocation service on a primary basis at the following sites: St. Inigoes, MD (38°10′ N, 76°23′ W); Pascagoula, MS (30°22′ N, 88°29′ W); and Pensacola, FL (30°21′28″ N, 87°16′26″ W). The FCC shall coordinate all non-Federal operations authorized under part 90 of this chapter within 80 km of these sites with NTIA on a case-by-case basis. For stations in the Citizens Broadband Radio Service these sites shall be protected consistent with the procedures set forth in §§ 96.15(b) and 96.67 of this chapter . ( 110 ) US110 In the band 9200-9300 MHz, the use of the radiolocation service by non-Federal licensees may be authorized on the condition that harmful interference is not caused to the maritime radionavigation service or to the Federal radiolocation service. ( 111 ) US111 In the band 5091-5150 MHz, aeronautical mobile telemetry operations for flight testing are conducted at the locations specified in table 10 to this paragraph (c)(111) . Flight testing at additional locations may be authorized on a case-by-case basis. Table 10 to Paragraph ( c )(111) Location Test sites Lat. (N) Long. (W) Gulf Area Ranges Complex (GARC) Eglin AFB, Tyndall AFB, FL; Gulfport ANG Range, MS; Ft. Rucker, Redstone, NASA Marshall Space Flight Center, AL 30°28′ 86°31′ Utah Ranges Complex (URC) Dugway PG; Utah Test & Training Range (Hill AFB), UT 40°57′ 113°05′ Western Ranges Complex (WRC) Pacific Missile Range; Vandenberg AFB, China Lake NAWS, Pt. Mugu NAWS, Edwards AFB, Thermal, Nellis AFB, Ft. Irwin, NASA Dryden Flight Research Center, Victorville, CA 35°29′ 117°16′ Southwest Ranges Complex (SRC) Ft. Huachuca, Tucson, Phoenix, Mesa, Yuma, AZ 31°33′ 110°18′ Mid-Atlantic Ranges Complex (MARC) Patuxent River, Aberdeen PG, NASA Langley Research Center, NASA Wallops Flight Facility, MD 38°17′ 76°24′ New Mexico Ranges Complex (NMRC) White Sands Missile Range, Holloman AFB, Albuquerque, Roswell, NM; Amarillo, TX 32°11′ 106°20′ Colorado Ranges Complex (CoRC) Alamosa, Leadville, CO 37°26′ 105°52′ Texas Ranges Complex (TRC) Dallas/Ft. Worth, Greenville, Waco, Johnson Space Flight Center/Ellington Field, TX 32°53′ 97°02′ Cape Ranges Complex (CRC) Cape Canaveral, Palm Beach-Dade, FL 28°33′ 80°34′ Northwest Range Complex (NWRC) Seattle, Everett, Spokane, Moses Lake, WA; Klamath Falls, Eugene, OR 47°32′ 122°18′ St. Louis St Louis, MO 38°45′ 90°22′ Wichita Wichita, KS 37°40′ 97°26′ Marietta Marietta, GA 33°54′ 84°31′ Glasgow Glasgow, MT 48°25′ 106°32′ Wilmington/Ridley Wilmington, DE/Ridley, PA 39°49′ 75°26′ San Francisco Bay Area (SFBA) NASA Ames Research Center, CA 37°25′ 122°03′ Charleston Charleston, SC 32°52′ 80°02′ ( 112 ) US112 The frequency 123.1 MHz is for search and rescue communications. This frequency may be assigned for air traffic control communications at special aeronautical events on the condition that no harmful interference is caused to search and rescue communications during any period of search and rescue operations in the locale involved. ( 113 ) US113 Radio astronomy observations of the formaldehyde line frequencies 4825-4835 MHz and 14.47-14.5 GHz may be made at certain radio astronomy observatories as indicated in table 11 to paragraph (c)(113). Every practicable effort will be made to avoid the assignment of frequencies to stations in the fixed or mobile services in these bands. Should such assignments result in harmful interference to these observations, the situation will be remedied to the extent practicable. Table 11 to Paragraph ( c )(113)—Bands To Be Observed 4 GHz 14 GHz Observatory X National Astronomy and Ionosphere Center (NAIC), Arecibo, PR. X X National Radio Astronomy Observatory (NRAO), Green Bank, WV. X X NRAO, Socorro, NM. X Allen Telescope Array (ATA), Hat Creek, CA. X X Owens Valley Radio Observatory (OVRO), Big Pine, CA. X X NRAO's ten Very Long Baseline Array (VLBA) stations (see US131). X X University of Michigan Radio Astronomy Observatory, Stinchfield Woods, MI. X Pisgah Astronomical Research Institute, Rosman, NC. ( 114 ) [Reserved] ( 115 ) US1157 In the bands 5000-5010 MHz and 5010-5030 MHz, the following provisions shall apply: ( i ) In the band 5000-5010 MHz, systems in the aeronautical mobile (R) service (AM(R)S) are limited to surface applications at airports that operate in accordance with international aeronautical standards ( i.e., AeroMACS). ( ii ) The band 5010-5030 MHz is also allocated on a primary basis to the AM(R)S, limited to surface applications at airports that operate in accordance with international aeronautical standards. In making assignments for this band, attempts shall first be made to satisfy the AM(R)S requirements in the bands 5000-5010 MHz and 5091-5150 MHz. AM(R)S systems used in the band 5010-5030 MHz shall be designed and implemented to be capable of operational modification if receiving harmful interference from the radionavigation-satellite service. Finally, notwithstanding Radio Regulation No. 4.10, stations in the AM(R)S operating in this band shall be designed and implemented to be capable of operational modification to reduce throughput and/or preclude the use of specific frequencies in order to ensure protection of radionavigation-satellite service systems operating in this band. ( iii ) Aeronautical fixed communications that are an integral part of the AeroMACS system in the bands 5000-5010 MHz and 5010-5030 MHz are also authorized on a primary basis. ( 116 ) US116 In the bands 890-902 MHz and 935-941 MHz, no new assignments are to be made to Federal radio stations after July 10, 1970, except on case-by-case basis to experimental stations. Federal assignments existing prior to July 10, 1970, shall be on a secondary basis to stations in the non-Federal land mobile service and shall be subject to adjustment or removal from the bands 890-902 MHz, 928-932 MHz, and 935-941 MHz at the request of the FCC. ( 117 ) US117 In the band 406.1-410 MHz, the following provisions shall apply: ( i ) Stations in the fixed and mobile services are limited to a transmitter output power of 125 watts, and new authorizations for stations, other than mobile stations, are subject to prior coordination by the applicant in the following areas: ( A ) Within Puerto Rico and the U.S. Virgin Islands, contact Spectrum Manager, Arecibo Observatory, HC3 Box 53995, Arecibo, PR 00612. Phone: 787-878-2612, Fax: 787-878-1861, Email: prcz@naic.edu . ( B ) Within 350 km of the Very Large Array (34°04′44″ N, 107°37′06″ W), contact Spectrum Manager, National Radio Astronomy Observatory, P.O. Box O, 1003 Lopezville Road, Socorro, NM 87801. Phone: 505-835-7000, Fax: 505-835-7027, Email: nrao-rfi@nrao.edu . ( C ) Within 10 km of the Table Mountain Observatory (40°08′02″ N, 105°14′40″ W) and for operations only within the sub-band 407-409 MHz, contact Radio Frequency Manager, Department of Commerce, 325 Broadway, Boulder, CO 80305. Phone: 303-497-4619, Fax: 303-497-6982, Email: frequencymanager@its.bldrdoc.gov . ( ii ) Non-Federal use is limited to the radio astronomy service and as provided by footnote US13. ( 118 ) - ( 127 ) [Reserved] ( 128 ) US128 In the band 10-10.5 GHz, pulsed emissions are prohibited, except for weather radars on board meteorological satellites in the sub-band 10-10.025 GHz. The amateur service, the amateur-satellite service, and the non-Federal radiolocation service, which shall not cause harmful interference to the Federal radiolocation service, are the only non-Federal services permitted in this band. The non-Federal radiolocation service is limited to survey operations as specified in footnote US108. ( 129 ) [Reserved] ( 130 ) US130 The band 10.6-10.68 GHz is also allocated on a primary basis to the radio astronomy service. However, the radio astronomy service shall not receive protection from stations in the fixed service which are licensed to operate in the one hundred most populous urbanized areas as defined by the 1990 U.S. Census. For the list of observatories operating in this band, see paragraph (c)(131) of this section. ( 131 ) US131 In the band 10.7-11.7 GHz, non-geostationary satellite orbit licensees in the fixed-satellite service (space-to-Earth), prior to commencing operations, shall coordinate with the radio astronomy observatories listed in table 12 to this paragraph (c)(131) to achieve a mutually acceptable agreement regarding the protection of the radio telescope facilities operating in the band 10.6-10.7 GHz: Table 12 to Paragraph ( c )(131) Observatory North latitude West longitude Elevation (in meters) Arecibo Observatory, PR 18°20′37″ 66°45′11″ 497 Green Bank Telescope (GBT), WV 38°25′59″ 79°50′23″ 807 Very Large Array (VLA), Socorro, NM 34°04′44″ 107°37′06″ 2115 Very Long Baseline Array (VLBA) Stations: Brewster, WA 48°07′52″ 119°41′00″ 250 Fort Davis, TX 30°38′ 06″ 103°56′ 41″ 1606 Hancock, NH 42°56′01″ 71°59′12″ 296 Kitt Peak, AZ 31°57′23″ 111°36′45″ 1902 Los Alamos, NM 35°46′30″ 106°14′44″ 1962 Mauna Kea, HI 19°48′05″ 155°27′20″ 3763 North Liberty, IA 41°46′17″ 91°34′27″ 222 Owens Valley, CA 37°13′54″ 118°16′37″ 1196 Pie Town, NM 34°18′04″ 108°07′09″ 2365 St. Croix, VI 17°45′24″ 64°35′01″ 16 ( 132 ) US132A In the bands 26.2-26.42 MHz, 41.015-41.665 MHz, and 43.35-44 MHz, applications of radiolocation service are limited to oceanographic radars operating in accordance with ITU Resolution 612 (Rev.WRC-12). Oceanographic radars shall not cause harmful interference to, or claim protection from, non-Federal stations in the land mobile service in the bands 26.2-26.42 MHz and 43.69-44 MHz, Federal stations in the fixed or mobile services in the band 41.015-41.665 MHz, and non-Federal stations in the fixed or land mobile services in the band 43.35-43.69 MHz. ( 133 ) US133 In the bands 14-14.2 GHz and 14.47-14.5 GHz, the following provisions shall apply to the operations of Earth Stations Aboard Aircraft (ESAA): ( i ) In the band 14-14.2 GHz, ESAA licensees proposing to operate within radio line-of-sight of the coordinates specified in § 25.228(j)(1) of this chapter are subject to prior coordination with NTIA in order to minimize harmful interference to the ground terminals of NASA's Tracking and Data Relay Satellite System (TDRSS). ( ii ) In the band 14.47-14.5 GHz, operations within radio line-of-sight of the radio astronomy stations specified in § 25.228(j)(3) of this chapter are subject to coordination with the National Science Foundation in accordance with the requirements set forth in that rule section. ( 134 ) - ( 135 ) [Reserved] ( 136 ) US136 The following provisions shall apply in eight HF bands that are allocated to the broadcasting service (HFBC) on a primary basis in all Regions. ( i ) In Alaska, the assigned frequency band 7368.48-7371.32 kHz is allocated exclusively to the fixed service (FS) on a primary basis for non-Federal use in accordance with § 80.387 of this chapter . ( ii ) On the condition that harmful interference is not caused to the broadcasting service (NIB operations), Federal and non-Federal stations that communicate wholly within the United States and its insular areas may operate as specified in table 13 to this paragraph (c)(136)(ii) . All such stations must take account of the seasonal use of frequencies by the broadcasting service published in accordance with Article 12 of the ITU Radio Regulations and are limited to the minimum power needed for reliable communications. ( A ) Federal stations. Frequencies in the 13 HF bands/sub-bands listed in the table below (HF NIB Bands) may be authorized to Federal stations in the FS. In the bands 5.9-5.95, 7.3-7.4, 13.57-13.6, and 13.80-13.87 MHz (6, 7, 13.6, and 13.8 MHz bands), frequencies may also be authorized to Federal stations in the mobile except aeronautical mobile route (R) service (MS except AM(R)S). Federal use of the bands 9.775-9.9, 11.65-11.7, and 11.975-12.05 MHz is restricted to stations in the FS that were authorized as of June 12, 2003, and each grandfathered station is restricted to a total radiated power of 24 dBW. In all other HF NIB Bands (*), new Federal stations may be authorized. ( B ) Non-Federal stations. Non-Federal use of the HF NIB Bands is restricted to stations in the FS, land mobile service (LMS), and maritime mobile service (MMS) that were licensed prior to March 25, 2007, except that, in the sub-band 7.35-7.4 MHz, use is restricted to stations that were licensed prior to March 29, 2009. Table 13 to Paragraph (c)(136)(ii) —NIB Operations in Eight HFBC Bands (MH z ) HF NIB band Federal (*new stations permitted) Non-Federal HFBC band 5.90-5.95 *FS and MS except AM(R)S MMS 5.90-6.20 7.30-7.40 *FS and MS except AM(R)S FS, LMS and MMS 7.30-7.40 9.40-9.50 *9 MHz: FS FS and LMS 9.40-9.90 9.775-9.90 FS (Grandfathered, restricted to 24 dBW) 11.60-11.65 *11 MHz: FS FS 11.60-12.10 11.65-11.70 FS (Grandfathered, restricted to 24 dBW) 11.975-12.05 FS (Grandfathered, restricted to 24 dBW) 12.05-12.10 *12 MHz: FS FS 13.57-13.60 *FS and MS except AM(R)S MMS 13.57-13.87 13.80-13.87 *FS and MS except AM(R)S MMS 15.60-15.80 *15 MHz: FS FS 15.10-15.80 17.48-17.55 *17 MHz: FS 17.48-17.90 18.90-19.02 *19 MHz: FS MMS 18.90-19.02 Note 10 to § 2.106(c)(136)(ii) : Non-Federal stations may continue to operate in nine HF NIB Bands as follows: in the 6, 7, 13.6, 13.8, and 19 MHz bands, stations in the MMS; in the 7 and 9 MHz bands, stations in the FS and LMS; and in the 11, 12, and 15 MHz band, stations in the FS. ( 137 ) - ( 138 ) [Reserved] ( 139 ) US139 Fixed stations authorized in the band 18.3-19.3 GHz under the provisions of §§ 74.502(c) , 74.602(g) , 78.18(a)(4) , and 101.147(r) of this chapter may continue operations consistent with the provisions of those sections. ( 140 ) - ( 141 ) [Reserved] ( 142 ) US142 In the bands 7.2-7.3 and 7.4-7.45 MHz, the following provisions shall apply: ( i ) In the U.S. Pacific insular areas located in Region 3 ( see § 2.105(a) , note 3), the bands 7.2-7.3 and 7.4-7.45 MHz are alternatively allocated to the broadcasting service on a primary basis. Use of this allocation is restricted to international broadcast stations that transmit to geographical zones and areas of reception in Region 1 or Region 3. ( ii ) The use of the band 7.2-7.3 MHz in Region 2 by the amateur service shall not impose constraints on the broadcasting service intended for use within Region 1 and Region 3. ( 143 ) - ( 144 ) [Reserved] ( 145 ) US145 The following unwanted emissions power limits for non-geostationary satellites operating in the inter-satellite service that transmit in the band 22.55-23.55 GHz shall apply in any 200 MHz of the passive band 23.6-24 GHz, based on the date that complete advance publication information is received by the ITU's Radiocommunication Bureau: ( i ) For information received before January 1, 2020: −36 dBW/200 MHz. ( ii ) For information received on or after January 1, 2020: −46 dBW/200 MHz. ( 146 ) - ( 150 ) [Reserved] ( 151 ) US151 In the band 37-38 GHz, stations in the fixed and mobile services shall not cause harmful interference to Federal earth stations in the space research service (space-to-Earth) at the following sites: Goldstone, CA; Socorro, NM; and White Sands, NM. Applications for non-Federal use of this band shall be coordinated with NTIA in accordance with § 30.205 of this chapter . ( 152 ) - ( 155 ) [Reserved] ( 156 ) US156 In the bands 49.7-50.2 GHz and 50.4-50.9 GHz, for earth stations in the fixed-satellite service (Earth-to-space), the unwanted emissions power in the band 50.2-50.4 GHz shall not exceed −20 dBW/200 MHz (measured at the input of the antenna), except that the maximum unwanted emissions power may be increased to −10 dBW/200 MHz for earth stations having an antenna gain greater than or equal to 57 dBi. These limits apply under clear-sky conditions. During fading conditions, the limits may be exceeded by earth stations when using uplink power control. ( 157 ) US157 In the band 51.4-52.6 GHz, for stations in the fixed service, the unwanted emissions power in the band 52.6-54.25 GHz shall not exceed −33 dBW/100 MHz (measured at the input of antenna). ( 158 ) - ( 160 ) [Reserved] ( 161 ) US161 In the bands 81-86 GHz, 92-94 GHz, and 94.1-95 GHz and within the coordination distances indicated below, assignments to allocated services shall be coordinated with the following radio astronomy observatories. New observatories shall not receive protection from fixed stations that are licensed to operate in the one hundred most populous urbanized areas as defined by the U.S. Census Bureau for the year 2000. ( i ) Within 25 km of the National Radio Astronomy Observatory's (NRAO's) Very Long Baseline Array (VLBA) Stations listed in table 14 to this paragraph (c)(161)(i) . Table 14 to Paragraph (c)(161)(i) State VLBA station Lat. (N) Long. (W) AZ Kitt Peak 31°57′23″ 111°36′45″ CA Owens Valley 37°13′54″ 118°16′37″ HI Mauna Kea 19°48′05″ 155°27′20″ IA North Liberty 41°46′17″ 091°34′27″ NH Hancock 42°56′01″ 071°59′12″ NM Los Alamos 35°46′30″ 106°14′44″ NM Pie Town 34°18′04″ 108°07′09″ TX Fort Davis 30°38′06″ 103°56′41″ VI Saint Croix 17°45′24″ 064°35′01″ WA Brewster 48°07′52″ 119°41′00″ ( ii ) Within 150 km of the observatories in table 15 to this paragraph (c)(161)(ii) : Table 15 to Paragraph ( c )(161)( ii ) State Telescope and site Lat. (N) Long. (W) AZ Heinrich Hertz Submillimeter Observatory, Mt. Graham 32°42′06″ 109°53′28″ AZ University of Arizona 12-m Telescope, Kitt Peak 31°57′12″ 111°36′53″ CA Caltech Telescope, Owens Valley 37°13′54″ 118°17′36″ CA Combined Array for Research in Millimeter-wave Astronomy (CARMA) 37°16′43″ 118°08′32″ HI James Clerk Maxwell Telescope, Mauna Kea 19°49′33″ 155°28′47″ MA Haystack Observatory, Westford 42°37′24″ 071°29′18″ NM NRAO's Very Large Array, Socorro 34°04′44″ 107°37′06″ WV NRAO's Robert C. Byrd Telescope, Green Bank 38°25′59″ 079°50′23″ Note 11 to § 2.106(c)(161)(ii) : Satisfactory completion of the coordination procedure utilizing the automated mechanism, see § 101.1523 of this chapter , will be deemed to establish sufficient separation from radio astronomy observatories, regardless of whether the distances set forth above are met. ( 162 ) - ( 204 ) [Reserved] ( 205 ) US205 Tropospheric scatter systems are prohibited in the band 2500-2690 MHz. ( 206 ) - ( 207 ) [Reserved] ( 208 ) US208 Planning and use of the band 1559-1626.5 MHz necessitate the development of technical and/or operational sharing criteria to ensure the maximum degree of electromagnetic compatibility with existing and planned systems within the band. ( 209 ) US209 The use of frequencies 460.6625, 460.6875, 460.7125, 460.7375, 460.7625, 460.7875, 460.8125, 460.8375, 460.8625, 465.6625, 465.6875, 465.7125, 465.7375, 465.7625, 465.7875, 465.8125, 465.8375, and 465.8625 MHz may be authorized, with 100 mW or less output power, to Federal and non-Federal radio stations for one-way, non-voice bio-medical telemetry operations in hospitals, or medical or convalescent centers. ( 210 ) US210 In the bands 40.66-40.7 MHz and 216-220 MHz, frequencies may be authorized to Federal and non-Federal stations on a secondary basis for the tracking of, and telemetering of scientific data from, ocean buoys and wildlife. Operation in these bands is subject to the technical standards specified in Section 8.2.42 of the NTIA Manual for Federal use, or § 90.248 of this chapter for non-Federal use. After January 1, 2002, no new assignments shall be authorized in the band 216-217 MHz. ( 211 ) US211 In the bands 1670-1690, 5000-5250 MHz and 10.7-11.7, 15.1365-15.35, 15.4-15.7, 22.5-22.55, 24-24.05, 31.0-31.3, 31.8-32.0, 40.5-42.5, 116-122.25, 123-130, 158.5-164, 167-168, 191.8-200, and 252-265 GHz, applicants for airborne or space station assignments are urged to take all practicable steps to protect radio astronomy observations in the adjacent bands from harmful interference; however, US74 applies. ( 212 ) US212 In, or within 92.6 km (50 nautical miles) of, the State of Alaska, the carrier frequency 5167.5 kHz (assigned frequency 5168.9 kHz) is designated for emergency communications. This frequency may also be used in the Alaska-Private Fixed Service for calling and listening, but only for establishing communications before switching to another frequency. The maximum power is limited to 150 watts peak envelope power (PEP). ( 213 ) US213 The frequency 122.925 MHz is for use only for communications with or between aircraft when coordinating natural resources programs of Federal or State natural resources, agencies, including forestry management and fire suppression, fish and game management and protection and environmental monitoring and protection. ( 214 ) US214 The frequency 157.1 MHz is the primary frequency for liaison communications between ship stations and stations of the United States Coast Guard. ( 215 ) - ( 217 ) [Reserved] ( 218 ) US218 The band 902-928 MHz is available for Location and Monitoring Service (LMS) systems subject to not causing harmful interference to the operation of all Federal stations authorized in this band. These systems must tolerate interference from the operation of industrial, scientific, and medical (ISM) equipment and the operation of Federal stations authorized in this band. ( 219 ) [Reserved] ( 220 ) US220 The frequencies 36.25 and 41.71 MHz may be authorized to Federal stations and non-Federal stations in the petroleum radio service, for oil spill containment and cleanup operations. The use of these frequencies for oil spill containment or cleanup operations is limited to the inland and coastal waterway regions. ( 221 ) US221 Use of the mobile service in the bands 525-535 kHz and 1605-1615 kHz is limited to distribution of public service information from Travelers Information stations operating on 530 kHz and 1610 kHz. ( 222 ) US222 In the band 2025-2035 MHz, geostationary operational environmental satellite (GOES) earth stations in the space research and Earth exploration-satellite services may be authorized on a coequal basis for Earth-to-space transmissions for tracking, telemetry, and telecommand at Honolulu, HI (21°21′12″ N, 157°52′36″ W); Seattle, WA (47°34′15″ N, 122°33′10″ W); and Wallops Island, VA (37°56′44″ N, 75°27′42″ W). ( 223 ) [Reserved] ( 224 ) US224 Federal systems utilizing spread spectrum techniques for terrestrial communication, navigation and identification may be authorized to operate in the band 960-1215 MHz on the condition that harmful interference will not be caused to the aeronautical radionavigation service. These systems will be handled on a case-by-case basis. Such systems shall be subject to a review at the national level for operational requirements and electromagnetic compatibility prior to development, procurement or modification. ( 225 ) US225 In addition to its present Federal use, the band 510-525 kHz is available to Federal and non-Federal aeronautical radionavigation stations inland of the Territorial Base Line as coordinated with the military services. In addition, the frequency 510 kHz is available for non-Federal ship-helicopter operations when beyond 100 nautical miles from shore and required for aeronautical radionavigation. ( 226 ) [Reserved] ( 227 ) US227 The bands 156.4875-156.5125 MHz and 156.5375-156.5625 MHz are also allocated to the fixed and land mobile services on a primary basis for non-Federal use in VHF Public Coast Station Areas 10-42. The use of these bands by the fixed and land mobile services shall not cause harmful interference to, nor claim protection from, the maritime mobile VHF radiocommunication service. ( 228 ) - ( 229 ) [Reserved] ( 230 ) US230 The bands 422.1875-425.4875 MHz and 427.1875-429.9875 MHz are allocated to the land mobile service on a primary basis for non-Federal use within 80.5 kilometers (50 miles) of Cleveland, OH (41°29′51.2″ N, 81°41′49.5″ W) and Detroit, MI (42°19′48.1″ N, 83°02′56.7″ W). The bands 423.8125-425.4875 MHz and 428.8125-429.9875 MHz are allocated to the land mobile service on a primary basis for non-Federal use within 80.5 kilometers of Buffalo, NY (42°52′52.2″ N, 78°52′20.1″ W). ( 231 ) US231 When an assignment cannot be obtained in the bands between 200 kHz and 525 kHz, which are allocated to aeronautical radionavigation, assignments may be made to aeronautical radiobeacons in the maritime mobile bands at 435-472 kHz and 479-490 kHz, on a secondary basis, subject to the coordination and agreement of those agencies having assignments within the maritime mobile bands which may be affected. Assignments to Federal aeronautical radionavigation radiobeacons in the bands 435-472 kHz and 479-490 kHz shall not be a bar to any required changes to the maritime mobile radio service and shall be limited to non-voice emissions. ( 232 ) - ( 238 ) [Reserved] ( 239 ) US239 Aeronautical radionavigation stations (radiobeacons) may be authorized, primarily for off-shore use, in the band 525-535 kHz on a non-interference basis to travelers information stations. ( 240 ) US240 The bands 1715-1725 and 1740-1750 kHz are allocated on a primary basis and the bands 1705-1715 kHz and 1725-1740 kHz on a secondary basis to the aeronautical radionavigation service (radiobeacons). ( 241 ) US241 The following provision shall apply to Federal operations in the band 216-220.035 MHz: ( i ) Use of the fixed and land mobile services in the band 216-220 MHz and of the aeronautical mobile service in the sub-band 217-220 MHz is restricted to telemetry and associated telecommand operations. New stations in the fixed and land mobile services shall not be authorized in the sub-band 216-217 MHz. ( ii ) The sub-band 216.965-216.995 MHz is also allocated to the Federal radiolocation service on a primary basis and the use of this allocation is restricted to the Air Force Space Surveillance System (AFSSS) radar system. ( A ) AFSSS stations transmit on the frequency 216.98 MHz and other operations may be affected within: ( 1 ) 250 km of Lake Kickapoo (Archer City), TX (33°2′48″ N, 98°45′46″ W); and ( 2 ) 150 km of Gila River (Phoenix), AZ (33°6′32″ N, 112°1′45″ W) and Jordan Lake (Wetumpka), AL (32°39′33″ N, 86°15′52″ W). ( B ) AFSSS reception shall be protected from harmful interference within 50 km of: ( 1 ) Elephant Butte, NM (33°26′35″ N, 106°59′50″ W); ( 2 ) Fort Stewart, GA (31°58′36″ N, 81°30′34″ W); ( 3 ) Hawkinsville, GA (32°17′20″ N, 83°32′10″ W); ( 4 ) Red River, AR (33°19′48″ N, 93°33′1″ W); ( 5 ) San Diego, CA (32°34′42″ N, 116°58′11″ W); and ( 6 ) Silver Lake, MS (33°8′42″ N, 91°1′16″ W). ( iii ) The sub-band 219.965-220.035 MHz is also allocated to the Federal radiolocation service on a secondary basis and the use of this allocation is restricted to air-search radars onboard Coast Guard vessels. ( 242 ) US242 Use of the fixed and land mobile services in the band 220-222 MHz shall be in accordance with the following plan: ( i ) Frequencies are assigned in pairs, with base station transmit frequencies taken from the sub-band 220-221 MHz and with corresponding mobile and control station transmit frequencies being 1 MHz higher and taken from the sub-band 221-222 MHz. ( ii ) In the non-Federal exclusive sub-bands, temporary fixed geophysical telemetry operations are also permitted on a secondary basis. ( iii ) The use of Channels 161-170 is restricted to public safety/mutual aid communications. ( iv ) The use of Channels 181-185 is restricted to emergency medical communications. Table 16 to Paragraph ( c )(242)—220 MH z Plan Use Base transmit Mobile transmit Channel Nos. Non-Federal exclusive 220.00-220.55 221.00-221.55 001-110 Federal exclusive 220.55-220.60 221.55-221.60 111-120 Non-Federal exclusive 220.60-220.80 221.60-221.80 121-160 Shared 220.80-220.85 221.80-221.85 161-170 Non-Federal exclusive 220.85-220.90 221.85-221.90 171-180 Shared 220.90-220.925 221.90-221.925 181-185 Non-Federal exclusive 220.925-221 221.925-222 186-200 ( 243 ) [Reserved] ( 244 ) US244 The band 136-137 MHz is allocated to the non-Federal aeronautical mobile (R) service on a primary basis, and is subject to pertinent international treaties and agreements. The frequencies 136, 136.025, 136.05, 136.075, 136.1, 136.125, 136.15, 136.175, 136.2, 136.225, 136.25, 136.275, 136.3, 136.325, 136.35, 136.375, 136.4, 136.425, 136.45, and 136.475 MHz are available on a shared basis to the Federal Aviation Administration for air traffic control purposes, such as automatic weather observation stations (AWOS), automatic terminal information services (ATIS), flight information services-broadcast (FIS-B), and airport control tower communications. ( 245 ) US245 In the bands 3600-3650 MHz (space-to-Earth), 4500-4800 MHz (space-to-Earth), and 5850-5925 MHz (Earth-to-space), the use of the non-Federal fixed-satellite service is limited to international inter-continental systems and is subject to case-by-case electromagnetic compatibility analysis. The FCC's policy for these bands is codified at § 2.108 . ( 246 ) US246 No station shall be authorized to transmit in the following bands: 73-74.6 MHz, 608-614 MHz, except for medical telemetry equipment and white space devices, 1400-1427 MHz, 1660.5-1668.4 MHz, 2690-2700 MHz, 4990-5000 MHz, 10.68-10.7 GHz, 15.35-15.4 GHz, 23.6-24 GHz, 31.3-31.8 GHz, 50.2-50.4 GHz, 52.6-54.25 GHz, 86-92 GHz, 100-102 GHz, 109.5-111.8 GHz, 114.25-116 GHz, 148.5-151.5 GHz, 164-167 GHz, 182-185 GHz, 190-191.8 GHz, 200-209 GHz, 226-231.5 GHz, 250-252 GHz. Medical telemetry equipment shall not cause harmful interference to radio astronomy operations in the band 608-614 MHz and shall be coordinated under the requirements found in § 95.1119 of this chapter . White space devices shall not cause harmful interference to radio astronomy operations in the band 608-614 MHz and shall not operate within the areas described in § 15.712(h) of this chapter . ( 247 ) US247 The band 10.1-10.15 MHz is allocated to the fixed service on a primary basis outside the United States and its insular areas. Transmissions from stations in the amateur service must not cause harmful interference to this fixed service use and stations in the amateur service must make all necessary adjustments (including termination of transmission) if harmful interference is caused. ( 248 ) - ( 250 ) [Reserved] ( 251 ) US251 The band 12.75-13.25 GHz is also allocated to the space research (deep space) (space-to-Earth) service for reception only at Goldstone, CA (35°20′ N, 116°53′ W). ( 252 ) US252 The band 2110-2120 MHz is also allocated to the space research service (deep space) (Earth-to-space) on a primary basis at Goldstone, CA (35°20′ N, 116°53′ W). ( 253 ) [Reserved] ( 254 ) US254 In the band 18.6-18.8 GHz the fixed and mobile services shall be limited to a maximum equivalent isotropically radiated power of +35 dBW and the power delivered to the antenna shall not exceed −3 dBW. ( 255 ) US255 In addition to any other applicable limits, the power flux-density across the 200 MHz band 18.6-18.8 GHz produced at the surface of the Earth by emissions from a space station under assumed free-space propagation conditions shall not exceed −95 dB(W/m 2 ) for all angles of arrival. This limit may be exceeded by up to 3 dB for no more than 5% of the time. ( 256 ) - ( 257 ) [Reserved] ( 258 ) US258 In the bands 8025-8400 MHz and 25.5-27 GHz, the Earth exploration-satellite service (space-to-Earth) is allocated on a primary basis for non-Federal use. Authorizations are subject to a case-by-case electromagnetic compatibility analysis. ( 259 ) US259 In the band 17.3-17.7 GHz, Federal stations in the radiolocation service shall operate with an e.i.r.p. of less than 51 dBW. ( 260 ) US260 Aeronautical mobile communications which are an integral part of aeronautical radionavigation systems may be satisfied in the bands 1559-1626.5 MHz, 5000-5250 MHz and 15.4-15.7 GHz. ( 261 ) US261 The use of the band 4200-4400 MHz by the aeronautical radionavigation service is reserved exclusively for airborne radio altimeters. Experimental stations will not be authorized to develop equipment for operational use in this band other than equipment related to altimeter stations. However, passive sensing in the Earth-exploration satellite and space research services may be authorized in this band on a secondary basis (no protection is provided from the radio altimeters). ( 262 ) US262 The band 7145-7190 MHz is also allocated to the space research service (deep space) (Earth-to-space) on a secondary basis for non-Federal use. Federal and non-Federal use of the bands 7145-7190 MHz and 34.2-34.7 GHz by the space research service (deep space) (Earth-to-space) and of the band 31.8-32.3 GHz by the space research service (deep space) (space-to-Earth) is limited to Goldstone, CA (35°20′ N, 116°53′ W). ( 263 ) [Reserved] ( 264 ) US264 In the band 48.94-49.04 GHz, airborne stations shall not be authorized. ( 265 ) [Reserved] ( 266 ) US266 Non-Federal licensees in the Public Safety Radio Pool holding a valid authorization on June 30, 1958, to operate in the frequency band 156.27-157.45 MHz or on the frequencies 161.85 MHz or 161.91 MHz may, upon proper application, continue to be authorized for such operation, including expansion of existing systems, until such time as harmful interference is caused to the operation of any authorized station other than those licensed in the Public Safety Radio Pool. ( 267 ) US267 In the band 902-928 MHz, amateur stations shall transmit only in the sub-bands 902-902.4, 902.6-904.3, 904.7-925.3, 925.7-927.3, and 927.7-928 MHz within the States of Colorado and Wyoming, bounded by the area of latitudes 39° N and 42° N and longitudes 103° W and 108° W. ( 268 ) US268 The bands 890-902 MHz and 928-942 MHz are also allocated to the radiolocation service for Federal ship stations (off-shore ocean areas) on the condition that harmful interference is not caused to non-Federal land mobile stations. The provisions of footnote US116 apply. ( 269 ) US269 In the band 420-450 MHz, the following provisions shall apply to the non-Federal radiolocation service: ( i ) Pulse-ranging radiolocation systems may be authorized for use along the shoreline of the conterminous United States and Alaska. ( ii ) In the sub-band 420-435 MHz, spread spectrum radiolocation systems may be authorized within the conterminous United States and Alaska. ( iii ) All stations operating in accordance with this provision shall be secondary to stations operating in accordance with the Table of Frequency Allocations in this section. ( iv ) Authorizations shall be granted on a case-by-case basis; however, operations proposed to be located within the areas listed in paragraph (i) of US270 should not expect to be accommodated. ( 270 ) US270 In the band 420-450 MHz, the following provisions shall apply to the amateur service: ( i ) The peak envelope power of an amateur station shall not exceed 50 watts in the following areas, unless expressly authorized by the FCC after mutual agreement, on a case-by-case basis, between the Regional Director of the applicable field office and the military area frequency coordinator at the applicable military base. For areas (E) through (G), the appropriate military coordinator is located at Peterson AFB, CO. ( A ) Arizona, Florida and New Mexico. ( B ) Within those portions of California and Nevada that are south of latitude 37°10′ N. ( C ) Within that portion of Texas that is west of longitude 104° W. ( D ) Within 322 km of Eglin AFB, FL (30°30′ N, 86°30′ W); Patrick AFB, FL (28°21′ N, 80°43′ W); and the Pacific Missile Test Center, Point Mugu, CA (34°09′ N, 119°11′ W). ( E ) Within 240 km of Beale AFB, CA (39°08′ N, 121°26′ W). ( F ) Within 200 km of Goodfellow AFB, TX (31°25′ N, 100°24′ W) and Warner Robins AFB, GA (32°38′ N, 83°35′ W). ( G ) Within 160 km of Clear AFS, AK (64°17′ N, 149°10′ W); Concrete, ND (48°43′ N, 97°54′ W); and Otis AFB, MA (41°45′ N, 70°32′ W). ( ii ) In the sub-band 420-430 MHz, the amateur service is not allocated north of Line A (def. § 2.1 ). ( 271 ) - ( 272 ) [Reserved] ( 273 ) US273 In the bands 74.6-74.8 MHz and 75.2-75.4 MHz, stations in the fixed and mobile services are limited to a maximum power of 1 watt from the transmitter into the antenna transmission line. ( 274 ) [Reserved] ( 275 ) US275 The band 902-928 MHz is allocated on a secondary basis to the amateur service subject to not causing harmful interference to the operations of Federal stations authorized in this band or to Location and Monitoring Service (LMS) systems. Stations in the amateur service must tolerate any interference from the operations of industrial, scientific, and medical (ISM) devices, LMS systems, and the operations of Federal stations authorized in this band. Further, the amateur service is prohibited in those portions of Texas and New Mexico bounded on the south by latitude 31°41′ North, on the east by longitude 104°11′ West, and on the north by latitude 34°30′ North, and on the west by longitude 107°30′ West; in addition, outside this area but within 150 miles of these boundaries of White Sands Missile Range the service is restricted to a maximum transmitter peak envelope power output of 50 watts. ( 276 ) US276 Except as otherwise provided for herein, use of the band 2360-2395 MHz by the mobile service is limited to aeronautical telemetering and associated telecommand operations for flight testing of aircraft, missiles or major components thereof. The following three frequencies are shared on a co-equal basis by Federal and non-Federal stations for telemetering and associated telecommand operations of expendable and reusable launch vehicles, whether or not such operations involve flight testing: 2364.5 MHz, 2370.5 MHz, and 2382.5 MHz. All other mobile telemetering uses shall not cause harmful interference to, or claim protection from interference from, the above uses. ( 277 ) [Reserved] ( 278 ) US278 In the bands 22.55-23.55 GHz and 32.3-33 GHz, non-geostationary inter-satellite links may operate on a secondary basis to geostationary inter-satellite links. ( 279 ) US279 The frequency 2182 kHz may be authorized to fixed stations associated with the maritime mobile service for the sole purpose of transmitting distress calls and distress traffic, and urgency and safety signals and messages. ( 280 ) [Reserved] ( 281 ) US281 In the band 25.07-25.21 MHz, non-Federal stations in the Industrial/Business Pool must not cause harmful interference to, and must accept interference from, stations in the maritime mobile service operating in accordance with the Table of Frequency Allocations. ( 282 ) US282 In the band 4650-4700 kHz, frequencies may be authorized for non-Federal communication with helicopters in support of off-shore drilling operations on the condition that harmful interference will not be caused to services operating in accordance with the Table of Frequency Allocations in this section. ( 283 ) US283 In the bands 2850-3025 kHz, 3400-3500 kHz, 4650-4700 kHz, 5450-5680 kHz, 6525-6685 kHz, 10.005-10.1 MHz, 11.275-11.4 MHz, 13.26-13.36 MHz, and 17.9-17.97 MHz, frequencies may be authorized for non-Federal flight test purposes on the condition that harmful interference will not be caused to services operating in accordance with the Table of Frequency Allocations. ( 284 ) [Reserved] ( 285 ) US285 Under exceptional circumstances, the carrier frequencies 2635 kHz, 2638 kHz, and 2738 kHz may be authorized to coast stations. ( 286 ) [Reserved] ( 287 ) US287 In the maritime mobile service, the frequencies 457.525 MHz, 457.550 MHz, 457.575 MHz, 467.525 MHz, 467.550 MHz and 467.575 MHz may be used by on-board communication stations. Where needed, equipment designed for 12.5 kHz channel spacing using also the additional frequencies 457.5375 MHz, 457.5625 MHz, 467.5375 MHz and 467.5625 MHz may be introduced for on-board communications. The use of these frequencies in territorial waters may be subject to the national regulations of the administration concerned. The characteristics of the equipment used shall conform to those specified in Recommendation ITU-R M.1174-2. ( 288 ) US288 In the territorial waters of the United States, the preferred frequencies for use by on-board communication stations shall be 457.525 MHz, 457.550 MHz, 457.575 MHz and 457.600 MHz paired, respectively, with 467.750 MHz, 467.775 MHz, 467.800 MHz and 467.825 MHz. Where needed, equipment designed for 12.5 kHz channel spacing using also the additional frequencies 457.5375 MHz, 457.5625 MHz, 467.5375 MHz and 467.5625 MHz may be introduced for on-board communications. The characteristics of the equipment used shall conform to those specified in Recommendation ITU-R M.1174-2. ( 289 ) US289 In the bands 460-470 MHz and 1690-1695 MHz, the following provisions shall apply: ( i ) In the band 460-470 MHz, space stations in the Earth exploration-satellite service (EESS) may be authorized for space-to-Earth transmissions on a secondary basis with respect to the fixed and mobile services. When operating in the meteorological-satellite service, such stations shall be protected from harmful interference from other EESS applications. The power flux density produced at the Earth's surface by any space station in this band shall not exceed −152 dBW/m 2 /4 kHz. ( ii ) In the band 1690-1695 MHz, EESS applications, other than the meteorological-satellite service, may also be used for space-to-Earth transmissions subject to not causing harmful interference to stations operating in accordance with the Table of Frequency Allocations in this section. ( 290 ) - ( 295 ) [Reserved] ( 296 ) US296 In the bands designated for ship wide-band telegraphy, facsimile and special transmission systems, the following assignable frequencies are available to non-Federal stations on a shared basis with Federal stations: 2070.5 kHz, 2072.5 kHz, 2074.5 kHz, 2076.5 kHz, 4154 kHz, 4170 kHz, 6235 kHz, 6259 kHz, 8302 kHz, 8338 kHz, 12.37 MHz, 12.418 MHz, 16.551 MHz, 16.615 MHz, 18.848 MHz, 18.868 MHz, 22.182 MHz, 22.238 MHz, 25.123 MHz, and 25.159 MHz. ( 297 ) US297 The bands 47.2-49.2 GHz and 81-82.5 GHz are also available for feeder links for the broadcasting-satellite service. ( 298 ) US298 The assigned frequencies 27.555, 27.615, 27.635, 27.655, 27.765, and 27.860 MHz are available for use by forest product licensees on a secondary basis to Federal operations including experimental stations. Non-Federal operations on these frequencies will not exceed 150 watts output power and are limited to the states of Washington, Oregon, Maine, North Carolina, South Carolina, Tennessee, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas (eastern portion). ( 299 ) US299 In Alaska, the band 1615-1705 kHz is also allocated to the maritime mobile and Alaska fixed services on a secondary basis to Region 2 broadcast operations. ( 300 ) US300 The frequencies 169.445, 169.505, 169.545, 169.575, 169.605, 169.995, 170.025, 170.055, 170.245, 170.305, 171.045, 171.075, 171.105, 171.845, 171.875, and 171.905 MHz are available for wireless microphone operations on a secondary basis to Federal and non-Federal operations. On center frequencies 169.575 MHz, 170.025 MHz, 171.075 MHz, and 171.875 MHz, the emission bandwidth shall not exceed 200 kHz. On the other center frequencies, the emission bandwidth shall not exceed 54 kHz. ( 301 ) US301 Except as provided in NG30, broadcast auxiliary stations licensed as of November 21, 1984, to operate in the band 942-944 MHz may continue to operate on a co-equal primary basis to other stations and services operating in the band in accordance with the Table of Frequency Allocations in this section. ( 302 ) [Reserved] ( 303 ) US303 In the band 2285-2290 MHz, non-Federal space stations in the space research, space operations and Earth exploration-satellite services may be authorized to transmit to the Tracking and Data Relay Satellite System subject to such conditions as may be applied on a case-by-case basis. Such transmissions shall not cause harmful interference to authorized Federal stations. The power flux-density at the Earth's surface from such non-Federal stations shall not exceed −144 to −154 dBW/m 2 /4 kHz, depending on angle of arrival, in accordance with ITU Radio Regulation 21.16. ( 304 ) - ( 306 ) [Reserved] ( 307 ) US307 The band 5150-5216 MHz is also allocated to the fixed-satellite service (space-to-Earth) for feeder links in conjunction with the radiodetermination-satellite service operating in the bands 1610-1626.5 MHz and 2483.5-2500 MHz. The total power flux-density at the Earth's surface shall in no case exceed −159 dBW/m 2 per 4 kHz for all angles of arrival. ( 308 ) US308 In the bands 1549.5-1558.5 MHz and 1651-1660 MHz, those requirements of the aeronautical mobile-satellite (R) service that cannot be accommodated in the bands 1545-1549.5 MHz, 1558.5-1559 MHz, 1646.5-1651 MHz and 1660-1660.5 MHz shall have priority access with real-time preemptive capability for communications in the mobile-satellite service. Systems not interoperable with the aeronautical mobile-satellite (R) service shall operate on a secondary basis. Account shall be taken of the priority of safety-related communications in the mobile-satellite service. ( 309 ) US309 In the bands 1545-1559 MHz, transmissions from terrestrial aeronautical stations directly to aircraft stations, or between aircraft stations, in the aeronautical mobile (R) service are also authorized when such transmissions are used to extend or supplement the satellite-to-aircraft links. In the band 1646.5-1660.5 MHz, transmissions from aircraft stations in the aeronautical mobile (R) service directly to terrestrial aeronautical stations, or between aircraft stations, are also authorized when such transmissions are used to extend or supplement the aircraft-to-satellite links. ( 310 ) US310 In the band 14.896-15.121 GHz, non-Federal space stations in the space research service may be authorized on a secondary basis to transmit to Tracking and Data Relay Satellites subject to such conditions as may be applied on a case-by-case basis. Such transmissions shall not cause harmful interference to authorized Federal stations. The power flux-density (pfd) produced by such non-Federal stations at the Earth's surface in any 1 MHz band for all conditions and methods of modulation shall not exceed: ( i ) −124 dB(W/m 2 ) for 0° < θ < 5°, (ii) −124 + (θ−5)/2 dB(W/m 2 ) for 5° < θ < 25°, (iii) and −114 dB(W/m 2 ) for 25° < θ < 90, where θ is the angle of arrival of the radio-frequency wave (degrees above the horizontal). These limits relate to the pfd and angles of arrival which would be obtained under free-space propagation conditions. ( ii ) [Reserved] ( 311 ) [Reserved] ( 312 ) US312 The frequency 173.075 MHz may also be authorized on a primary basis to non-Federal stations in the Public Safety Radio Pool, limited to police licensees and an authorized bandwidth not to exceed 12.5 kHz, for stolen vehicle recovery systems. ( 313 ) - ( 314 ) [Reserved] ( 315 ) US315 In the bands 1530-1544 MHz and 1626.5-1645.5 MHz, maritime mobile-satellite distress and safety communications, e.g., GMDSS, shall have priority access with real-time preemptive capability in the mobile-satellite service. Communications of mobile-satellite system stations not participating in the GMDSS shall operate on a secondary basis to distress and safety communications of stations operating in the GMDSS. Account shall be taken of the priority of safety-related communications in the mobile-satellite service. ( 316 ) US316 The band 2900-3000 MHz is also allocated to the meteorological aids service on a primary basis for Federal use. Operations in this service are limited to Next Generation Weather Radar (NEXRAD) systems where accommodation in the band 2700-2900 MHz is not technically practical and are subject to coordination with existing authorized stations. ( 317 ) - ( 318 ) [Reserved] ( 319 ) US319 In the bands 137-138 MHz, 148-149.9 MHz, 149.9-150.05 MHz, 399.9-400.05 MHz, 400.15-401 MHz, 1610-1626.5 MHz, and 2483.5-2500 MHz, Federal stations in the mobile-satellite service shall be limited to earth stations operating with non-Federal space stations. ( 320 ) US320 The use of the bands 137-138 MHz, 148-150.05 MHz, 399.9-400.05 MHz, and 400.15-401 MHz by the mobile-satellite service is limited to non-voice, non-geostationary satellite systems and may include satellite links between land earth stations at fixed locations. ( 321 ) - ( 322 ) [Reserved] ( 323 ) US323 In the band 148-149.9 MHz, no individual mobile earth station shall transmit on the same frequency being actively used by fixed and mobile stations and shall transmit no more than 1% of the time during any 15 minute period; except, individual mobile earth stations in this band that do not avoid frequencies actively being used by the fixed and mobile services shall not exceed a power density of −16 dBW/4 kHz and shall transmit no more than 0.25% of the time during any 15 minute period. Any single transmission from any individual mobile earth station operating in this band shall not exceed 450 ms in duration and consecutive transmissions from a single mobile earth station on the same frequency shall be separated by at least 15 seconds. Land earth stations in this band shall be subject to electromagnetic compatibility analysis and coordination with terrestrial fixed and mobile stations. ( 324 ) US324 In the band 400.15-401 MHz, Federal and non-Federal satellite systems shall be subject to electromagnetic compatibility analysis and coordination. ( 325 ) US325 In the band 148-149.9 MHz fixed and mobile stations shall not claim protection from land earth stations in the mobile-satellite service that have been previously coordinated; Federal fixed and mobile stations exceeding 27 dBW EIRP, or an emission bandwidth greater than 38 kHz, will be coordinated with existing mobile-satellite service space stations. ( 326 ) [Reserved] ( 327 ) US327 The band 2310-2360 MHz is allocated to the broadcasting-satellite service (sound) and complementary terrestrial broadcasting service on a primary basis. Such use is limited to digital audio broadcasting and is subject to the provisions of Resolution 528. ( 328 ) - ( 333 ) [Reserved] ( 334 ) US334 In the bands between 17.7 GHz and 20.2 GHz, the following provisions shall apply: ( i ) In the bands between 17.8 GHz and 20.2 GHz, Federal space stations in both geostationary (GSO) and non-geostationary satellite orbits (NGSO) and associated earth stations in the fixed-satellite service (FSS) (space-to-Earth) may be authorized on a primary basis. For a Federal GSO FSS network to operate on a primary basis, the space station shall be located outside the arc, measured from east to west, 70-120° West longitude. Coordination between Federal FSS systems and non-Federal space and terrestrial systems operating in accordance with the United States Table of Frequency Allocations in this section is required. ( ii ) In the bands between 17.8 GHz and 20.2 GHz, Federal earth stations operating with Federal space stations shall be authorized on a primary basis only in the following areas: Denver, Colorado; Washington, DC; San Miguel, California; and Guam. Prior to the commencement of non-Federal terrestrial operations in these areas, the FCC shall coordinate with NTIA all applications for new stations and modifications to existing stations as specified in §§ 1.924(f) , 74.32 , and 78.19(f) of this chapter . In the band 17.7-17.8 GHz, the FCC shall also coordinate with NTIA all applications for new stations and modifications to existing stations that support the operations of Multichannel Video Programming Distributors (MVPD) in these areas, as specified in §§ 1.924(f) , 74.32 , and 78.19(f) . ( iii ) In the bands between 17.8 GHz and 19.7 GHz, the power flux-density (pfd) at the surface of the Earth produced by emissions from a Federal GSO space station or from a Federal space station in a NGSO constellation of 50 or fewer satellites, for all conditions and for all methods of modulation, shall not exceed the following values in any 1 MHz band: ( A ) −115 dB(W/m 2 ) for angles of arrival above the horizontal plane (δ) between 0° and 5°, ( B ) −115 + 0.5(δ-5) dB(W/m 2 ) for δ between 5° and 25°, and ( C ) −105 dB(W/m 2 ) for δ between 25° and 90°. ( iv ) In the bands between 17.8 GHz and 19.3 GHz, the pfd at the surface of the Earth produced by emissions from a Federal space station in an NGSO constellation of 51 or more satellites, for all conditions and for all methods of modulation, shall not exceed the following values in any 1 MHz band: ( A ) −115 − X dB(W/m 2 ) for δ between 0° and 5°, ( B ) −115 − X + ((10 + X)/20)(δ − 5) dB(W/m 2 ) for δ between 5° and 25°, and ( C ) −105 dB(W/m 2 ) for δ between 25° and 90°; where X is defined as a function of the number of satellites, n, in an NGSO constellation as follows: For n ≤ 288, X = (5/119) (n − 50) dB; and For n > 288, X = (1/69) (n + 402) dB. ( 335 ) - ( 336 ) [Reserved] ( 337 ) US337 In the band 13.75-13.8 GHz, the FCC shall coordinate earth stations in the fixed-satellite service with NTIA on a case-by-case basis in order to minimize harmful interference to the Tracking and Data Relay Satellite System's forward space-to-space link (TDRSS forward link-to-LEO). ( 338 ) US338A In the band 1435-1452 MHz, operators of aeronautical telemetry stations are encouraged to take all reasonable steps to ensure that the unwanted emissions power does not exceed −28 dBW/27 MHz in the band 1400-1427 MHz. Operators of aeronautical telemetry stations that do not meet this limit shall first attempt to operate in the band 1452-1525 MHz prior to operating in the band 1435-1452 MHz. ( 339 ) [Reserved] ( 340 ) US340 The band 2-30 MHz is available on a non-interference basis to Federal and non-Federal maritime and aeronautical stations for the purposes of measuring the quality of reception on radio channels. See § 87.149 of this chapter for the list of protected frequencies and bands within this frequency range. Actual communications shall be limited to those frequencies specifically allocated to the maritime mobile and aeronautical mobile services. ( 341 ) [Reserved] ( 342 ) US342 In making assignments to stations of other services to which the bands in table 17 to paragraph (c)(342) of this section are allocated (*indicates radio astronomy use for spectral line observations), all practicable steps must be taken to protect the radio astronomy service from harmful interference. Emissions from spaceborne or airborne stations can be particularly serious sources of interference to the radio astronomy service ( see ITU Radio Regulations at Nos. 4.5 and 4.6 and Article 29). Table 17 to Paragraph ( c )(342) 13.36-13.41 MHz 42.77-42.87 GHz.* 25.55-25.67 MHz 43.07-43.17 GHz.* 37.5-38.25 MHz 43.37-43.47 GHz.* 322-328.6 MHz * 48.94-49.04 GHz.* 1330-1400 MHz * 76-86 GHz. 1610.6-1613.8 MHz * 92-94 GHz. 1660-1660.5 MHz * 94.1-100 GHz. 1668.4-1670 MHz * 102-109.5 GHz. 3260-3267 MHz * 111.8-114.25 GHz. 3332-3339 MHz * 128.33-128.59 GHz.* 3345.8-3352.5 MHz * 129.23-129.49 GHz.* 4825-4835 MHz * 130-134 GHz. 4950-4990 MHz 136-148.5 GHz. 6650-6675.2 MHz * 151.5-158.5 GHz. 14.47-14.5 GHz * 168.59-168.93 GHz.* 22.01-22.21 GHz * 171.11-171.45 GHz.* 22.21-22.5 GHz 172.31-172.65 GHz.* 22.81-22.86 GHz * 173.52-173.85 GHz.* 23.07-23.12 GHz * 195.75-196.15 GHz.* 31.2-31.3 GHz 209-226 GHz. 36.43-36.5 GHz * 241-250 GHz. 42.5-43.5 GHz 252-275 GHz. ( 343 ) US343 In the mobile service, the frequencies between 1435 and 1525 MHz will be assigned for aeronautical telemetry and associated telecommand operations for flight testing of manned or unmanned aircraft and missiles, or their major components. Permissible usage includes telemetry associated with launching and reentry into the Earth's atmosphere as well as any incidental orbiting prior to reentry of manned objects undergoing flight tests. The following frequencies are shared on a co-equal basis with flight telemetering mobile stations: 1444.5, 1453.5, 1501.5, 1515.5, and 1524.5 MHz. ( 344 ) US344 In the band 5091-5250 MHz, the FCC shall coordinate earth stations in the fixed-satellite service (Earth-to-space) with NTIA (see Recommendation ITU-R S.1342). In order to better protect the operation of the international standard system (microwave landing system) in the band 5000-5091 MHz, non-Federal tracking and telecommand operations should be conducted in the band 5150-5250 MHz. ( 345 ) [Reserved] ( 346 ) US346 Except as provided for in table 18 to this paragraph (c)(346) and by US222, Federal use of the band 2025-2110 MHz by the space operation service (Earth-to-space), Earth exploration-satellite service (Earth-to-space), and space research service (Earth-to-space) shall not constrain the deployment of the Television Broadcast Auxiliary Service, the Cable Television Relay Service, or the Local Television Transmission Service. To facilitate compatible operations between non-Federal terrestrial receiving stations at fixed sites and Federal earth station transmitters, coordination is required. To facilitate compatible operations between non-Federal terrestrial transmitting stations and Federal spacecraft receivers, the terrestrial transmitters in the band 2025-2110 MHz shall not be high-density systems (see Recommendations ITU-R SA.1154 and ITU-R F.1247). Military satellite control stations at the following sites shall operate on a co-equal, primary basis with non-Federal operations: Table 18 to Paragraph ( c )(346) Facility Coordinates Naval Satellite Control Network, Prospect Harbor, ME 44°24′16″ N 068°00′46″ W New Hampshire Tracking Station, New Boston AFS, NH 42°56′52″ N 071°37′36″ W Eastern Vehicle Check-out Facility & GPS Ground Antenna & Monitoring Station, Cape Canaveral, FL 28°29′09″ N 080°34′33″ W Buckley AFB, CO 39°42′55″ N 104°46′36″ W Colorado Tracking Station, Schriever AFB, CO 38°48′21″ N 104°31′43″ W Kirtland AFB, NM 34°59′46″ N 106°30′28″ W Camp Parks Communications Annex, Pleasanton, CA 37°43′51″ N 121°52′50″ W Naval Satellite Control Network, Laguna Peak, CA 34°06′31″ N 119°03′53″ W Vandenberg Tracking Station, Vandenberg AFB, CA 34°49′21″ N 120°30′07″ W Hawaii Tracking Station, Kaena Pt, Oahu, HI 21°33′44″ N 158°14′31″ W Guam Tracking Stations, Andersen AFB, and Naval CTS, Guam 13°36′54″ N 144°51′18″ E ( 347 ) US347 In the band 2025-2110 MHz, non-Federal Earth-to-space and space-to-space transmissions may be authorized in the space research and Earth exploration-satellite services subject to such conditions as may be applied on a case-by-case basis. Such transmissions shall not cause harmful interference to Federal and non-Federal stations operating in accordance with the Table of Frequency Allocations in this section. ( 348 ) [Reserved] ( 349 ) US349 The band 3650-3700 MHz is also allocated to the Federal radiolocation service on a non-interference basis for use by ship stations located at least 44 nautical miles in off-shore ocean areas on the condition that harmful interference is not caused to non-Federal operations. ( 350 ) US350 In the band 1427-1432 MHz, Federal use of the land mobile service and non-Federal use of the fixed and land mobile services is limited to telemetry and telecommand operations as described further: ( i ) Medical operations. The use of the band 1427-1432 MHz for medical telemetry and telecommand operations (medical operations) shall be authorized for both Federal and non-Federal stations. ( A ) Medical operations shall be authorized in the band 1427-1429.5 MHz in the United States and its insular areas, except in the following locations: Austin/Georgetown, Texas; Detroit and Battle Creek, Michigan; Pittsburgh, Pennsylvania; Richmond/Norfolk, Virginia; Spokane, Washington; and Washington DC metropolitan area (collectively, the “carved-out” locations). See Section 47 CFR 90.259(b)(4) for a detailed description of these areas. ( B ) In the carved-out locations, medical operations shall be authorized in the band 1429-1431.5 MHz. ( C ) Medical operations may operate on frequencies in the band 1427-1432 MHz other than those described in paragraphs (c)(350)(i)(A) and (B) of this section only if the operations were registered with a designated frequency coordinator prior to April 14, 2010. ( ii ) Non-medical operations. The use of the band 1427-1432 MHz for non-medical telemetry and telecommand operations (non-medical operations) shall be limited to non-Federal stations. ( A ) Non-medical operations shall be authorized on a secondary basis to the Wireless Medical Telemetry Service (WMTS) in the band 1427-1429.5 MHz and on a primary basis in the band 1429.5-1432 MHz in the United States and its insular areas, except in the carved-out locations. ( B ) In the carved-out locations, non-medical operations shall be authorized on a secondary basis in the band 1429-1431.5 MHz and on a primary basis in the bands 1427-1429 MHz and 1431.5-1432 MHz. ( 351 ) - ( 352 ) [Reserved] ( 353 ) US353 In the bands 56.24-56.29 GHz, 58.422-58.472 GHz, 59.139-59.189 GHz, 59.566-59.616 GHz, 60.281-60.331 GHz, 60.41-60.46 GHz, and 62.461-62.511 GHz, space-based radio astronomy observations may be made on an unprotected basis. ( 354 ) US354 In the band 58.422-58.472 GHz, airborne stations and space stations in the space-to-Earth direction shall not be authorized. ( 355 ) [Reserved] ( 356 ) US356 In the band 13.75-14 GHz, an earth station in the fixed-satellite service shall have a minimum antenna diameter of 4.5 m and the e.i.r.p. of any emission should be at least 68 dBW and should not exceed 85 dBW. In addition the e.i.r.p., averaged over one second, radiated by a station in the radiolocation service shall not exceed 59 dBW. Receiving space stations in the fixed-satellite service shall not claim protection from radiolocation transmitting stations operating in accordance with the United States Table of Frequency Allocations in this section. ITU Radio Regulation No. 5.43A does not apply. ( 357 ) US357 In the band 13.75-14 GHz, geostationary space stations in the space research service for which information for advance publication has been received by the ITU Radiocommunication Bureau (Bureau) prior to 31 January 1992 shall operate on an equal basis with stations in the fixed-satellite service; after that date, new geostationary space stations in the space research service will operate on a secondary basis. ( i ) Until those geostationary space stations in the space research service for which information for advance publication has been received by the Bureau prior to 31 January 1992 cease to operate in this band: ( A ) The e.i.r.p. density of emissions from any earth station in the fixed-satellite service operating with a space station in geostationary-satellite orbit shall not exceed 71 dBW in any 6 MHz band from 13.77 to 13.78 GHz; ( B ) The e.i.r.p. density of emissions from any earth station in the fixed-satellite service operating with a space station in non-geostationary-satellite orbit shall not exceed 51 dBW in any 6 MHz band from 13.77 to 13.78 GHz. ( ii ) Automatic power control may be used to increase the e.i.r.p. density in any 6 MHz band in these frequency ranges to compensate for rain attenuation, to the extent that the power flux-density at the fixed-satellite service space station does not exceed the value resulting from use by an earth station of an e.i.r.p. of 71 dBW or 51 dBW, as appropriate, in any 6 MHz band in clear-sky conditions. ( 358 ) [Reserved] ( 359 ) US359 In the band 15.43-15.63 GHz, use of the fixed-satellite service (Earth-to-space) is limited to non-Federal feeder links of non-geostationary systems in the mobile-satellite service. The FCC shall coordinate earth stations in this band with NTIA (see Annex 3 of Recommendation ITU-R S.1340). ( 360 ) US360 The band 33-36 GHz is also allocated to the fixed-satellite service (space-to-Earth) on a primary basis for Federal use. Coordination between Federal fixed-satellite service systems and non-Federal systems operating in accordance with the United States Table of Frequency Allocations in this section is required. ( 361 ) [Reserved] ( 362 ) US362 The band 1670-1675 MHz is allocated to the meteorological-satellite service (space-to-Earth) on a primary basis for Federal use. Earth station use of this allocation is limited to Wallops Island, VA (37°56′44″ N, 75°27′37″ W), Fairbanks, AK (64°58′22″ N, 147°30′04″ W), and Greenbelt, MD (39°00′02″ N, 76°50′29″ W). Applicants for non-Federal stations within 100 kilometers of the Wallops Island or Fairbanks coordinates and within 65 kilometers of the Greenbelt coordinates shall notify NOAA in accordance with the procedures specified in § 1.924 of this chapter . ( 363 ) [Reserved] ( 364 ) US364 Consistent with US18, stations may be authorized on a primary basis in the band 285-325 kHz for the specific purpose of transmitting differential global positioning system information. ( 365 ) - ( 377 ) [Reserved] ( 378 ) US378 In the band 1710-1755 MHz, the following provisions apply: ( i ) Federal fixed and tactical radio relay stations may operate indefinitely on a primary basis within 80 km of Cherry Point, NC (34°58′ N, 76°56′ W) and Yuma, AZ (32°32′ N, 113°58′ W). ( ii ) Federal fixed and tactical radio relay stations shall operate on a secondary basis to primary non-Federal operations at the 14 sites listed in table 19 to this paragraph (c)(378) . ( iii ) In the sub-band 1710-1720 MHz, precision guided munitions shall operate on a primary basis until inventory is exhausted or until December 31, 2008, whichever is earlier. ( iv ) All other Federal stations in the fixed and mobile services shall operate on a primary basis until reaccommodated in accordance with the Commercial Spectrum Enhancement Act. Table 19 to Paragraph ( c )(378) State Location Coordinates 80 km radius of operation centered on: CA China Lake 35°41′ N, 117°41′ W CA Pacific Missile Test Range/Point Mugu 34°07′ N, 119°30′ W FL Eglin AFB 30°29′ N, 086°31′ W MD Patuxent River 38°17′ N, 076°25′ W NM White Sands Missile Range 33°00′ N, 106°30′ W NV Nellis AFB 36°14′ N, 115°02′ W UT Hill AFB 41°07′ N, 111°58′ W 50 km radius of operation centered on: AL Fort Rucker 31°13′ N, 085°49′ W CA Fort Irwin 35°16′ N, 116°41′ W GA Fort Benning 32°22′ N, 084°56′ W GA Fort Stewart 31°52′ N, 081°37′ W KY Fort Campbell 36°41′ N, 087°28′ W NC Fort Bragg 35°09′ N, 079°01′ W WA Fort Lewis 47°05′ N, 122°36′ W ( 379 ) US379 In the band 55.78-56.26 GHz, in order to protect stations in the Earth exploration-satellite service (passive), the maximum power density delivered by a transmitter to the antenna of a fixed service station is limited to −28.5 dB(W/MHz). ( 380 ) US380 In the bands 1525-1544 MHz, 1545-1559 MHz, 1610-1645.5 MHz, 1646.5-1660.5 MHz, and 2483.5-2500 MHz, a non-Federal licensee in the mobile-satellite service (MSS) may also operate an ancillary terrestrial component in conjunction with its MSS network, subject to the Commission′s rules for ancillary terrestrial components and subject to all applicable conditions and provisions of its MSS authorization. ( 381 ) [Reserved] ( 382 ) US382 In the band 39.5-40 GHz, Federal earth stations in the mobile-satellite service (space-to-Earth) shall not claim protection from non-Federal stations in the fixed and mobile services. ITU Radio Regulation No. 5.43A does not apply. ( 383 ) [Reserved] ( 384 ) US384 In the band 401-403 MHz, the non-Federal Earth exploration-satellite (Earth-to-space) and meteorological-satellite (Earth-to-space) services are limited to earth stations transmitting to Federal space stations. ( 385 ) US385 Radio astronomy observations may be made in the bands 1350-1400 MHz, 1718.8-1722.2 MHz, and 4950-4990 MHz on an unprotected basis, and in the band 2655-2690 MHz on a secondary basis, at the radio astronomy observatories in table 20 to paragraph (c)(385)(ii) of this section. ( i ) In the bands 1350-1400 MHz and 4950-4990 MHz, every practicable effort will be made to avoid the assignment of frequencies to stations in the fixed and mobile services that could interfere with radio astronomy observations within the geographic areas given in table 20 to paragraph (c)(385)(ii) of this section. In addition, every practicable effort will be made to avoid assignment of frequencies in these bands to stations in the aeronautical mobile service which operate outside of those geographic areas, but which may cause harmful interference to the listed observatories. Should such assignments result in harmful interference to these observatories, the situation will be remedied to the extent practicable. ( ii ) In the band 2655-2690 MHz, for radio astronomy observations performed at the locations listed in table 20 to this paragraph (c)(385)(ii) , licensees are urged to coordinate their systems through the National Science Foundation, Division of Astronomical Sciences, Electromagnetic Spectrum Management Unit, 2415 Eisenhower Avenue, Alexandria, VA 22314; Email: esm@nsf.gov . Table 20 to Paragraph (c)(385)(ii) Allen Telescope Array, Hat Creek, CA Rectangle between latitudes 40°00′ N and 42°00′ N and between longitudes 120°15′ W and 122°15′ W. NASA Goldstone Deep Space Communications Complex, Goldstone, CA 80 kilometers (50 mile) radius centered on 35°20′ N, 116°53′ W. National Astronomy and Ionosphere Center, Arecibo, PR Rectangle between latitudes 17°30′ N and 19°00′ N and between longitudes 65°10′ W and 68°00′ W. National Radio Astronomy Observatory, Socorro, NM Rectangle between latitudes 32°30′ N and 35°30′ N and between longitudes 106°00′ W and 109°00′ W. National Radio Astronomy Observatory, Green Bank, WV Rectangle between latitudes 37°30′ N and 39°15′ N and between longitudes 78°30′ W and 80°30′ W. National Radio Astronomy Observatory, Very Long Baseline Array Stations 80 kilometer radius centered on: North latitude West longitude Brewster, WA 48°08′ 119°41′ Fort Davis, TX 30°38′ 103°57′ Hancock, NH 42°56′ 71°59′ Kitt Peak, AZ 31°57′ 111°37′ Los Alamos, NM 35°47′ 106°15′ Mauna Kea, HI 19°48′ 155°27′ North Liberty, IA 41°46′ 91°34′ Owens Valley, CA 37°14′ 118°17′ Pie Town, NM 34°18′ 108°07′ Saint Croix, VI 17°45′ 64°35′ Owens Valley Radio Observatory, Big Pine, CA Two contiguous rectangles, one between latitudes 36°00′ N and 37°00′ N and between longitudes 117°40′ W and 118°30′ W and the second between latitudes 37°00′ N and 38°00′ N and between longitudes 118°00′ W and 118°50′ W. ( 386 ) - ( 388 ) [Reserved] ( 389 ) US389 In the bands 71-76 GHz and 81-86 GHz, stations in the fixed, mobile, and broadcasting services shall not cause harmful interference to, nor claim protection from, Federal stations in the fixed-satellite service at any of the 28 military installations in table 21 to this paragraph (c)(389) . Table 21 to Paragraph (c)(389) Military installation State Nearby city Redstone Arsenal AL Huntsville. Fort Huachuca AZ Sierra Vista. Yuma Proving Ground AZ Yuma. Beale AFB CA Marysville. Camp Parks Reserve Forces Training Area CA Dublin. China Lake Naval Air Weapons Station CA Ridgecrest. Edwards AFB CA Rosamond. Fort Irwin CA Barstow. Marine Corps Air Ground Combat Center CA Twentynine Palms. Buckley AFB CO Aurora (Denver). Schriever AFB CO Colorado Springs. Fort Gordon GA Augusta. Naval Satellite Operations Center GU Finegayan (Guam). Naval Computer and Telecommunications Area Master Station, Pacific HI Wahiawa (Oahu Is.). Fort Detrick MD Frederick. Nellis AFB NV Las Vegas. Nevada Test Site NV Amargosa Valley. Tonapah Test Range Airfield NV Tonapah. Cannon AFB NM Clovis. White Sands Missile Range NM White Sands. Dyess AFB TX Abilene. Fort Bliss TX El Paso. Fort Sam Houston TX San Antonio. Goodfellow AFB TX San Angelo. Kelly AFB TX San Antonio. Utah Test and Training Range UT Fort Belvoir VA Alexandria. Naval Satellite Operations Center VA Chesapeake. ( 390 ) US390 Federal stations in the space research service (active) operating in the band 5350-5460 MHz shall not cause harmful interference to, nor claim protection from, Federal and non-Federal stations in the aeronautical radionavigation service nor Federal stations in the radiolocation service. ( 391 ) US391 In the band 2495-2500 MHz, the mobile-satellite service (space-to-Earth) shall not receive protection from non-Federal stations in the fixed and mobile except aeronautical mobile services operating in that band. ( 392 ) - ( 396 ) [Reserved] ( 397 ) US397 In the band 432-438 MHz, the Earth exploration-satellite service (active) is allocated on a secondary basis for Federal use. Stations in the Earth exploration-satellite service (active) shall not be operated within line-of-sight of the United States except for the purpose of short duration pre-operational testing. Operations under this allocation shall not cause harmful interference to, nor claim protection from, any other services allocated in the band 432-438 MHz in the United States, including secondary services and the amateur-satellite service. ( 398 ) - ( 401 ) [Reserved] ( 402 ) US402 In the band 17.3-17.7 GHz, existing Federal satellites and associated earth stations in the fixed-satellite service (Earth-to-space) are authorized to operate on a primary basis in the frequency bands and areas listed below. Non-Federal receiving earth stations in the broadcasting-satellite and fixed-satellite services within the bands and areas listed below shall not claim protection from Federal earth stations in the fixed-satellite service. ( i ) 17.600-17.700 GHz for stations within a 120 km radius of 38°49′ N latitude and 76°52′ W longitude. ( ii ) 17.375-17.475 GHz for stations within a 160 km radius of 39°42′ N latitude and 104°45′ W longitude. ( 403 ) - ( 430 ) [Reserved] ( 431 ) US431B The band 3450-3550 MHz is allocated on a primary basis to the Federal radiolocation service and to the non-Federal fixed and mobile, except aeronautical mobile, services on a nationwide basis. Federal operations in the band 3450-3550 MHz shall not cause harmful interference to non-Federal operations, except under the following circumstances. ( i ) Cooperative Planning Areas. Cooperative Planning Areas (CPAs) are geographic locations in which non-Federal operations shall coordinate with Federal systems in the band to deploy non-Federal operations in a manner that shall not cause harmful interference to Federal systems operating in the band. In addition, operators of non-Federal stations may be required to modify their operations (e.g., reduce power, filtering, adjust antenna pointing angles, shielding, etc. ) to protect Federal operations against harmful interference and to avoid, where possible, interference and potential damage to the non-Federal operators' systems. In these areas, non-Federal operations may not claim interference protection from Federal systems. Federal and non-Federal operators may reach mutually acceptable operator-to-operator agreements to permit more extensive non-Federal use by identifying and mutually agreeing upon a technical approach that mitigates the interference risk to Federal operations. To the extent possible, Federal use in CPAs will be chosen to minimize operational impact on non-Federal users. Table 22 to this paragraph (c)(431) identifies the locations of CPAs, including, for information, those with high powered Federal operations. CPAs may also be Periodic Use Areas as described below. Coordination between Federal users and non-Federal licensees in CPAs shall be consistent with rules and procedures established by the FCC and NTIA. ( ii ) Periodic Use Areas. Periodic Use Areas (PUAs) are geographic locations in which non-Federal operations in the band shall not cause harmful interference to Federal systems operating in the band for episodic periods. During these times and in these areas, Federal users will require interference protection from non-Federal operations. Operators of non-Federal stations may be required to temporarily modify their operations (e.g., reduce power, filtering, adjust antenna pointing angles, shielding, etc. ) to protect Federal operations from harmful interference, which may include restrictions on non-Federal stations' ability to radiate at certain locations during specific periods of time. During such episodic use, non-Federal users in PUAs must alter their operations to avoid harmful interference to Federal systems' temporary use of the band, and during such times, non-Federal operations may not claim interference protection from Federal systems. Federal and non-Federal operators may reach mutually acceptable operator-to-operator agreements such that a Federal operator may not need to activate a PUA if a mutually agreeable technical approach mitigates the interference risk to Federal operations. To the extent possible, Federal use in PUAs will be chosen to minimize operational impact on non-Federal users. Coordination between Federal users and non-Federal licensees in PUAs shall be consistent with rules and procedures established by the FCC and NTIA. While all PUAs are co-located with CPAs, the exact geographic area used during periodic use may differ from the co-located CPA. The geographic locations of PUAs are identified in table 18 to this paragraph (c)(431) . Restrictions and authorizations for the CPAs remain in effect during periodic use unless specifically relieved in the coordination process. ( iii ) For the CPA at Little Rock, AR, after approximately 12 months from the close of the auction, non-Federal operations shall coordinate with Federal systems in only the 3450-3490 MHz band segment and the 3490-3550 MHz band segment will be available for non-federal use without coordination. At Fort Bragg, NC, non-Federal operations shall coordinate with Federal systems in only the 3450-3490 MHz band segment. ( iv ) Table 22 to this paragraph (c)(431) identifies the coordinates for the location of each CPA and PUA. An area may be represented as either a polygon made up of several corresponding coordinates or a circle represented by a center point and a radius. If a CPA has a corresponding PUA, the PUA coordinates are provided. A location marked with an asterisk (*) indicates a high-power federal radiolocation facility. If a location includes a Shipboard Electronic Systems Evaluation Facility (SESEF) attached to a homeport, it specifies the associated SESEF. Table 22 to Paragraph ( c )(431)—Department of Defense Cooperative Planning Areas and Periodic Use Areas Location name State CPA PUA Latitude Longitude Radius (km) Little Rock AR Yes 37°28′34″, 37°42′55″, 36°38′29″, 34°57′57″, 32°09′36″, 31°51′52″, 32°12′11″, 33°42′22″, 35°17′35″, 36°12′18″ 94°28′24″, 88°54′36″, 87°52′34″, 88°09′26″, 92°06′54″, 93°10′35″, 94°37′07″, 95°49′52″, 96°23′06″, 96°08′46″ N/A Yuma Complex (includes Yuma Proving Grounds and MCAS Yuma) AZ Yes Yes 33°36′44″, 34°03′08″, 34°03′56″, 33°26′54″, 32°51′17″, 32°16′54″, 32°14′39″, 32°20′06″, 32°28′30″, 32°53′20″ 115°10′44″, 114°41′08″, 114°05′56″, 113°03′54″, 113°02′17″, 113°45′54″, 114°40′39″, 114°55′06″, 115°02′30″, 115°09′20″ N/A Camp Pendleton CA Yes 33°21′46″ 117°25′25″ 50 Edwards Air Force Base CA Yes Yes 35°19′16″, 35°17′54″, 35°11′43″, 35°00′52″, 34°44′17″, 34°34′16″, 34°26′55″, 34°28′59″, 34°41′36″, 35°07′32″ 118°03′16″, 117°26′54″, 117°15′43″, 117°10′52″, 117°10′17″, 117°19′16″, 117°47′55″, 118°16′59″, 118°28′36″, 118°25′32″ N/A National Training Center CA Yes Yes 36°03′31″, 36°03′09″, 35°41′46″, 35°07′24″, 34°42′43″, 34°44′22″, 35°02′28″, 35°34′49″ 117°00′45″, 116°20′43″, 115°44′31″, 115°44′09″, 116°17′58″, 117°05′19″, 117°35′18″, 117°27′37″ N/A Naval Air Weapons Station, China Lake * CA Yes Yes 36°36′42″, 35°54′45″, 35°00′01″, 34°54′34″, 35°44′22″, 36°30′18″ 117°20′42″, 116°31′45″, 116°39′01″, 117°26′34″, 118°17′22″, 118°07′18″ N/A Point Mugu CA Yes Yes 34°06′44″ 119°06′36″ 38 San Diego * (includes Point Loma SESEF range) CA Yes 33°4′10″, 32°27′19″, 32°33′29″, 32°47′16″, 33°1′20″, 33°20′36″, 33°24′36″, 32°52′54″, 33°04′10″ 117°35′40″, 118°0′37″, 116°51′8″, 116°28′5″, 116°31′5″, 116°47′10″, 117°0′51″, 117°9′35″, 117°35′40″ N/A Twentynine Palms CA Yes 34°06′44″ 116°06′36″ 75 Eglin Air Force Base (includes Santa Rosa Island & Cape San Blas site) FL Yes Yes Eglin and Santa Rosa Island: 30°29′28.5″ Cape San Blas: 29°40′37″ Eglin and Santa Rosa Island: 86°45′00″ Cape San Blas: 85°20′50″ 35 Mayport * (includes Mayport SESEF range) FL Yes 30°23′42″ 81°24′41″ 64 Pensacola * FL Yes Yes 30°20′50″ 87°18′40″ 93 Joint Readiness Training Center LA Yes Yes 31°54′23″, 31°50′54″, 31°18′13″, 30°46′33″, 30°29′14″, 30°46′22″, 31°25′16″ 93°20′53″, 92°52′46″, 92°26′31″, 92°28′32″, 93°4′1″, 93°41′26″, 94°3′19″ N/A Chesapeake Beach * MD Yes Yes 38°39′24″ 76°31′41″ 95 Naval Air Station, Patuxent River MD Yes Yes 38°26′22″, 38°51′51″, 38°28′11″, 38°03′40″ 76°14′12″, 75°48′34″, 75°28′53″, 75°30′31″ N/A CPA 37°45′33″, 37°34′34″, 37°38′10″, 38°09′32″, 38°18′46″, 38°26′59″ 75°45′50″, 76°20′09″, 76°44′37″, 76°29′28″, 76°34′36″, 76°26′27″ PUA 38°33′38″, 39°11′10″, 38°38′51″, 37°52′13″, 37°29′44″, 37°10′24″, 37°20′05″, 38°01′11″, 38°20′54″, 38°35′47″ 76°07′29″, 75°29′28″, 75°00′40″, 75°03′24″, 75°22′25″, 76°16′42″, 77°06′52″, 76°36′06″, 76°46′41″, 76°30′02″ St. Inigoes * MD Yes Yes 38°08′41″ 76°26′03″ 87 Bath * ME Yes Yes 44°02′29″, 43°52′27″, 43°48′53″, 43°32′50″, 43°27′16″, 43°44′26″, 43°54′57″, 44°06′56″, 44°17′2″, 44°26′54″, 44°36′16″, 44°33′45″, 44°57′05″, 44°56′27″, 44°32′13″, 44°24′08″, 44°02′29″ 70°10′41″, 70°10′29″, 70°01′6″, 69°57′30″, 69°42′52″, 69°13′52″, 69°24′50″, 69°25′13″, 69°16′56″, 69°45′13″, 69°56′50″, 70°04′01″, 70°14′55″, 70°19′38″, 70°08′17″, 70°36′36″, 70°10′41″ N/A Pascagoula * MS Yes Yes 30°20′42″ 88°34′17″ 80 Camp Lejeune NC Yes 34°37′51″ 77°24′28″ 54 Cherry Point NC Yes 34°54′57″ 76°53′24″ 38 Fort Bragg NC Yes 37°35′01″, 37°45′56″, 37°22′33″, 36°38′56″, 34°43′13″, 33°29′44″, 33°24′04″, 34°01′05″, 35°27′24″, 36°27′46″ 79°31′19″, 77°14′14″, 76°18′30″, 75°51′26″, 76°15′37″, 78°29′53″, 80°29′07″, 81°23′49″, 81°37′00″, 81°22′49″ N/A Portsmouth * NH Yes Yes 42°23′06″, 42°25′05″, 42°21′36″, 42°18′28″, 42°13′01″, 42°06′30″, 42°02′54″, 42°08′03″, 42°10′25″, 42°15′39″, 42°22′44″, 42°34′56″, 42°52′26″, 43°13′48″, 43°31′21″, 43°45′21″, 43°59′20″, 43°36′10″, 43°49′27″, 43°27′40″, 43°00′57″, 42°44′40″, 42°51′47″, 42°33′46″, 42°24′24″, 42°23′06″ 71°10′23″, 71°05′43″, 71°00′54″, 70°54′35″, 70°44′53″, 70°41′11″, 70°37′44″, 70°33′35″, 70°20′54″, 70°02′39″, 69°48′42″, 69°36′01″, 69°26′24″, 69°28′18″, 69°40′13″, 70°01′31″, 70°30′21″, 70°52′5″, 71°15′22″, 71°24′47″, 71°53′01″, 71°56′37″, 71°27′07″, 71°27′12″, 71°21′10″, 71°10′23″ N/A Moorestown * NJ Yes Yes 40°27′26″, 40°02′54″, 39°48′19″, 39°38′27″, 39°24′59″, 39°17′18″, 39°22′16″, 39°29′35″, 39°54′43″, 40°15′03″, 40°23′29″, 40°42′46″, 40°50′59″, 40°52′49″, 40°47′42″, 40°33′25″, 40°27′26″ 75°42′60″, 75°55′12″, 75°55′55″, 75°51′48″, 75°21′41″, 74°54′09″, 74°27′56″, 74°12′59″, 74°00′05″, 74°06′20″, 74°08′28″, 74°21′54″, 74°31′36″, 74°42′53″, 75°03′00″, 75°28′15″, 75°42′60″ N/A White Sands Missile Range NM Yes Yes 34°35′05″, 34°43′50″, 34°43′17″, 34°26′28″, 32°36′02″, 31°45′47″, 31°18′18″, 31°27′23″, 32°38′49″, 33°32′40″ 107°06′05″, 106°46′50″, 106°03′17″, 105°26′28″, 104°55′02″, 105°22′47″, 106°06′18″, 106°54′23″, 107°25′49″, 107°27′40″ N/A Nevada Test and Training Range NV Yes Yes 35°58′48″, 36°38′22″, 36°22′37″, 36°54′03″, 37°58′01″, 38°59′48″, 38°58′35″, 37°52′34″, 36°20′30″, 36°21′15″ 115°31′55″, 116°23′51″, 117°41′35″, 117°59′18″, 118°01′17″, 116°46′01″, 114°49′25″, 113°35′46″, 113°39′51″, 115°14′23″ N/A Fort Sill OK Yes Yes 35°03′39″, 35°10′31″, 34°42′54″, 34°13′49″, 34°13′46″, 34°38′26″ 99°02′38″, 98°05′47″, 97°45′20″, 98°05′49″, 98°56′09″, 99°16′57″ N/A Tobyhanna Army Depot PA Yes 41°30′25″, 41°38′51″, 41°31′41″, 41°11′31″, 40°52′07″, 40°44′53″, 40°51′43″, 41°07′40″ 75°51′60″, 75°26′33″, 75°1′39″, 74°50′07″, 75°1′2″, 75°23′50″, 75°48′52″, 76°00′38″ N/A Dahlgren * VA Yes Yes 38°23′10″, 38°41′25″, 38°46′14″, 38°49′37″, 38°50′16″, 38°46′30″, 38°49′42″, 38°54′42″, 38°55′37″, 38°56′05″, 38°44′45″, 38°44′22″, 38°35′14″, 38°51′04″, 38°26′52″, 38°22′59″, 37°59′27″, 37°47′08″, 37°54′01″, 38°23′10″ 76°23′21″, 76°35′56″, 76°44′44″, 76°54′57″, 76°58′18″, 77°01′57″, 77°04′08″, 77°7′35″, 77°12′04″, 77°23′5″, 77°25′23″, 77°28′48″, 77°36′11″, 78°12′06″, 78°29′02″, 77°42′19″, 77°28′26″, 76°53′47″, 76°06′14″, 76°23′21″ N/A Newport News-Norfolk * (includes Fort Story SESEF range) VA Yes Yes 36°58′24″ 76°26′07″ 93 Wallops Island * VA Yes Yes 37°51′25″ 75°27′59″ 76 Bremerton * WA Yes Yes 47°28′40″, 47°31′16″, 47°31′13″, 47°34′12″, 47°45′36″, 47°59′07″, 48°12′20″, 47°39′46″, 47°39′12″, 47°45′23″, 47°44′48″, 47°57′40″, 47°31′15″, 47°35′53″, 47°27′33″, 47°27′07″, 47°24′25″, 47°23′07″, 47°28′33″, 46°50′25″, 46°53′09″, 47°28′40″ 122°31′22″, 122°31′26″, 122°32′37″, 122°31′52″, 121°32′28″, 121°34′09″, 121°44′51″, 122°29′60″, 122°34′35″, 122°38′09″, 122°45′18″, 122°59′06″, 123°16′23″, 122°49′28″, 122°55′25″, 122°46′16″, 122°42′48″, 122°39′18″, 122°33′44″, 121°49′24″, 121°44′01″, 122°31′22″ N/A Everett * (includes Ediz Hook SESEF range) WA Yes 47°51′11″, 47°25′13″, 47°54′45″, 47°36′60″, 47°51′57″, 48°35′49″, 48°00′8″, 47°51′10″ 122°57′47″, 123°18′6″, 122°10′13″, 121°37′60″, 121°22′57″, 122°08′13″, 123°29′33″, 122°57′47″ N/A ( 432 ) [Reserved] ( 433 ) US433 In the band 3550-3650 MHz, the following provisions shall apply to Federal use of the aeronautical radionavigation (ground-based) and radiolocation services and to non-Federal use of the fixed and mobile except aeronautical mobile services: ( i ) Non-Federal stations in the fixed and mobile except aeronautical mobile services are restricted to stations in the Citizens Broadband Radio Service and shall not cause harmful interference to, or claim protection from, Federal stations in the aeronautical radionavigation (ground-based) and radiolocation services at the locations listed at: ntia.doc.gov/category/3550-3650-mhz. New and modified Federal stations shall be allowed at current or new locations, subject only to approval through the National Telecommunications and Information Administration frequency assignment process with new locations added to the list at: ntia.doc.gov/category/3550-3650-mhz. Coordination of the Federal stations with Citizens Broadband Radio Service licensees or users is not necessary. Federal operations, other than airborne radiolocation systems, shall be protected consistent with the procedures set forth in §§ 96.15 and 96.67 of this chapter . ( ii ) Non-Federal fixed and mobile stations shall not claim protection from Federal airborne radar systems. ( iii ) Federal airborne radar systems shall not claim protection from non-Federal stations in the fixed and mobile except aeronautical mobile services operating in the band. ( 434 ) - ( 443 ) [Reserved] ( 444 ) US444 The frequency band 5030-5150 MHz is to be used for the operation of the international standard system (microwave landing system) for precision approach and landing. In the frequency band 5030-5091 MHz, the requirements of this system shall have priority over other uses of this band. For the use of the frequency band 5091-5150 MHz, paragraph (c)(444(i) of this section and Resolution 114 (Rev.WRC-12) of the ITU Radio Regulations apply. ( i ) US444A The band 5091-5150 MHz is also allocated to the fixed-satellite service (Earth-to-space) on a primary basis for non-Federal use. This allocation is limited to feeder links of non-geostationary satellite systems in the mobile-satellite service and is subject to coordination under No. 9.11A of the ITU Radio Regulations. In the band 5091-5150 MHz, the following conditions also apply: ( A ) Prior to January 1, 2018, the use of the band 5091-5150 MHz by feeder links of non-geostationary-satellite systems in the mobile-satellite service shall be made in accordance with Resolution 114 (Rev.WRC-12); ( B ) After January 1, 2016, no new assignments shall be made to earth stations providing feeder links of non-geostationary mobile-satellite systems; and ( C ) After January 1, 2018, the fixed-satellite service will become secondary to the aeronautical radionavigation service. ( ii ) US444B In the band 5091-5150 MHz, the following provisions apply to the aeronautical mobile service: ( A ) Use is restricted to: ( 1 ) Systems operating in the aeronautical mobile (R) service (AM(R)S) in accordance with international aeronautical standards, limited to surface applications at airports, and in accordance with Resolution 748 (Rev.WRC-12) ( i.e., AeroMACS); and ( 2 ) Aeronautical telemetry transmissions from aircraft stations (AMT) in accordance with Resolution 418 (Rev.WRC-19). ( B ) Consistent with Radio Regulation No. 4.10, airport surface wireless systems operating in the AM(R)S have priority over AMT systems in the band. ( C ) Operators of AM(R)S and AMT systems at the following airports are urged to cooperate with each other in the exchange of information about planned deployments of their respective systems so that the prospects for compatible sharing of the band are enhanced: ( 1 ) Boeing Field/King County Intl Airport, Seattle, WA; ( 2 ) Lambert-St. Louis Intl Airport, St. Louis, MO; ( 3 ) Charleston AFB/Intl Airport, Charleston, SC; ( 4 ) Wichita Dwight D. Eisenhower National Airport, Wichita, KS; ( 5 ) Roswell Intl Air Center Airport, Roswell, NM; and ( 6 ) William P. Gwinn Airport, Jupiter, FL. Other airports may be addressed on a case-by-case basis. ( D ) Aeronautical fixed communications that are an integral part of the AeroMACS system authorized in paragraph (c)(444)(ii)(A)( 1 ) of this section are also authorized on a primary basis. ( 445 ) - ( 474 ) [Reserved] ( 475 ) US475 The use of the band 9300-9500 MHz by the aeronautical radionavigation service is limited to airborne radars and associated airborne beacons. In addition, ground-based radar beacons in the aeronautical radionavigation service are permitted in the band 9300-9320 MHz on the condition that harmful interference is not caused to the maritime radionavigation service. ( 476 ) US476A In the band 9300-9500 MHz, Federal stations in the Earth exploration-satellite service (active) and space research service (active) shall not cause harmful interference to, nor claim protection from, stations of the radionavigation and Federal radiolocation services. ( 477 ) - ( 481 ) [Reserved] ( 482 ) US482 In the band 10.6-10.68 GHz, the following provisions and urgings apply: ( i ) Non-Federal use of the fixed service shall be restricted to point-to-point stations, with each station supplying not more than −3 dBW of transmitter power to the antenna, producing not more than 40 dBW of EIRP, and radiating at an antenna main beam elevation angle of 20° or less. Licensees holding a valid authorization on August 6, 2015 to operate in this band may continue to operate as authorized, subject to proper license renewal. ( ii ) In order to minimize interference to the Earth exploration-satellite service (passive) receiving in this band, licensees of stations in the fixed service are urged to: ( A ) limit the maximum transmitter power supplied to the antenna to −15 dBW; and ( B ) employ automatic transmitter power control (ATPC). The maximum transmitter power supplied to the antenna of stations using ATPC may be increased by a value corresponding to the ATPC range, up to a maximum of −3 dBW. ( 483 ) - ( 510 ) [Reserved] ( 511 ) US511E The use of the band 15.4-15.7 GHz by the radiolocation service is limited to Federal systems requiring a necessary bandwidth greater than 1600 MHz that cannot be accommodated within the band 15.7-17.3 GHz except as described below. In the band 15.4-15.7 GHz, stations operating in the radiolocation service shall not cause harmful interference to, nor claim protection from, radars operating in the aeronautical radionavigation service. Radar systems operating in the radiolocation service shall not be developed solely for operation in the band 15.4-15.7 GHz. Radar systems requiring use of the band 15.4-15.7 GHz for testing, training, and exercises may be accommodated on a case-by-case basis. ( 512 ) - ( 518 ) [Reserved] ( 519 ) US519 The band 18-18.3 GHz is also allocated to the meteorological-satellite service (space-to-Earth) on a primary basis. Its use is limited to geostationary satellites and shall be in accordance with the provisions of Article 21, Table 21-4 of the ITU Radio Regulations. ( 520 ) - ( 531 ) [Reserved] ( 532 ) US532 In the bands 21.2-21.4 GHz, 22.21-22.5 GHz, and 56.26-58.2 GHz, the space research and Earth exploration-satellite services shall not receive protection from the fixed and mobile services operating in accordance with the Table of Frequency Allocations in this section. ( 533 ) - ( 549 ) [Reserved] ( 550 ) US550A In the band 36-37 GHz, the following provisions shall apply: ( i ) For stations in the mobile service, the transmitter power supplied to the antenna shall not exceed −10 dBW, except that the maximum transmitter power may be increased to −3 dBW for stations used for public safety and disaster management. ( ii ) For stations in the fixed service, the elevation angle of the antenna main beam shall not exceed 20° and the transmitter power supplied to the antenna shall not exceed: ( A ) −5 dBW for hub stations of point-to-multipoint systems; or ( B ) −10 dBW for all other stations, except that the maximum transmitter power of stations using automatic transmitter power control (ATPC) may be increased by a value corresponding to the ATPC range, up to a maximum of −7 dBW. ( 551 ) - ( 564 ) [Reserved] ( 565 ) US565 The following frequency bands in the range 275-1000 GHz are identified for passive service applications: ( i ) Radio astronomy service: 275-323 GHz, 327-371 GHz, 388-424 GHz, 426-442 GHz, 453-510 GHz, 623-711 GHz, 795-909 GHz and 926-945 GHz; ( ii ) Earth exploration-satellite service (passive) and space research service (passive): 275-286 GHz, 296-306 GHz, 313-356 GHz, 361-365 GHz, 369-392 GHz, 397-399 GHz, 409-411 GHz, 416-434 GHz, 439-467 GHz, 477-502 GHz, 523-527 GHz, 538-581 GHz, 611-630 GHz, 634-654 GHz, 657-692 GHz, 713-718 GHz, 729-733 GHz, 750-754 GHz, 771-776 GHz, 823-846 GHz, 850-854 GHz, 857-862 GHz, 866-882 GHz, 905-928 GHz, 951-956 GHz, 968-973 GHz and 985-990 GHz. Note 12 to § 2.106(c)(565) : The use of the range 275-1000 GHz by the passive services does not preclude use of this range by active services. This provision does not establish priority of use in the United States Table of Frequency Allocations in this section, and does not preclude or constrain any active service use or future allocation of frequency bands in the 275-3000 GHz range. ( d ) Non-Federal Government (NG) Footnotes. Non-Federal Government (non-Federal) footnotes, each in the format “NG” followed by one or more digits, denote stipulations applicable only to non-Federal operations and thus appear solely in the non-Federal Table. The list of non-Federal footnotes follows: ( 1 ) NG1 The band 535-1705 kHz is also allocated to the mobile service on a secondary basis for the distribution of public service information from Travelers Information Stations operating in accordance with the provisions of § 90.242 of this chapter on 10 kilohertz spaced channels from 540 kHz to 1700 kHz. ( 2 ) NG2 Facsimile broadcasting stations may be authorized in the band 88-108 MHz. ( 3 ) NG3 Control stations in the domestic public mobile radio service may be authorized frequencies in the band 72-73 and 75.4-76 MHz on the condition that harmful interference will not be caused to operational fixed stations. ( 4 ) NG4 The use of the frequencies in the band 152.84-153.38 MHz may be authorized, in any area, to remote pickup broadcast base and mobile stations on the condition that harmful interference will not be caused to stations operating in accordance with the Table of Frequency Allocations in this section. ( 5 ) NG5 In the band 535-1705 kHz, AM broadcast licensees and permittees may use their AM carrier on a secondary basis to transmit signals intended for both broadcast and non-broadcast purposes. In the band 88-108 MHz, FM broadcast licensees and permittees are permitted to use subcarriers on a secondary basis to transmit signals intended for both broadcast and non-broadcast purposes. In the bands 54-72, 76-88, 174-216, 470-608, and 614-698 MHz, TV broadcast licensees and permittees are permitted to use subcarriers on a secondary basis for both broadcast and non-broadcast purposes. Use of the band 614-698 MHz is subject to the provisions specified in paragraph (d)(33) of this section. ( 6 ) NG6 Stations in the public safety radio services authorized as of June 30, 1958, to use frequencies in the band 159.51-161.79 MHz in areas other than Puerto Rico and the Virgin Islands may continue such operation, including expansion of existing systems, on the condition that harmful interference will not be caused to stations in the services to which these bands are allocated. In Puerto Rico and the Virgin Islands this authority is limited to frequencies in the band 160.05-161.37 MHz. No new public radio service system will be authorized to operate on these frequencies. ( 7 ) NG7 In the bands 2000-2065, 2107-2170, and 2194-2495 kHz, fixed stations associated with the maritime mobile service may be authorized, for purposes of communication with coast stations, to use frequencies assignable to ship stations in these bands on the condition that harmful interference will not be caused to services operating in accordance with the Table of Frequency Allocations in this section. See § 80.371(a) of this chapter for the list of available carrier frequencies. ( 8 ) NG8 In the band 472-479 kHz, non-Federal stations in the maritime mobile service that were licensed or applied for prior to July 14, 2017 may continue to operate on a primary basis, subject to periodic license renewals. ( 9 ) - ( 13 ) [Reserved] ( 14 ) NG14 TV broadcast stations authorized to operate in the bands 54-72, 76-88, 174-216, 470-608, and 614-698 MHz may use a portion of the television vertical blanking interval for the transmission of telecommunications signals, on the condition that harmful interference will not be caused to the reception of primary services, and that such telecommunications services must accept any interference caused by primary services operating in these bands. Use of the band 614-698 MHz is subject to the provisions specified in paragraph (d)(33) of this section. ( 15 ) [Reserved] ( 16 ) NG16 In the bands 72-73 MHz and 75.4-76 MHz, frequencies may be authorized for mobile operations in the Industrial/Business Radio Pool, subject to not causing interference to the reception of broadcast television signals on channels 4 and 5. ( 17 ) NG17 Stations in the land transportation radio services authorized as of May 15, 1958 to operate on the frequency 161.61 MHz may, upon proper application, continue to be authorized for such operation, including expansion of existing systems, on the condition that harmful interference will not be caused to the operation of any authorized station in the maritime mobile service. No new land transportation radio service system will be authorized to operate on 161.61 MHz. ( 18 ) - ( 21 ) [Reserved] ( 22 ) NG22 The frequencies 156.050 and 156.175 MHz may be assigned to stations in the maritime mobile service for commercial and port operations in the New Orleans Vessel Traffic Service (VTS) area and the frequency 156.250 MHz may be assigned to stations in the maritime mobile service for port operations in the New Orleans and Houston VTS areas. ( 23 ) - ( 27 ) [Reserved] ( 28 ) NG28 In Puerto Rico and the United States Virgin Islands, the band 160.86-161.4 MHz is available for assignment to remote pickup broadcast stations on a shared basis with stations in the Industrial/Business Pool. ( 29 ) [Reserved] ( 30 ) NG30 In Puerto Rico, the band 942-944 MHz is alternatively allocated to the fixed service (aural broadcast auxiliary stations). ( 31 ) [Reserved] ( 32 ) NG32 Frequencies in the bands 454.6625-454.9875 MHz and 459.6625-459.9875 MHz may be assigned to domestic public land and mobile stations to provide a two-way air-ground public radiotelephone service. ( 33 ) NG33 In the band 614-698 MHz, the following provisions apply. In the sub-bands 617-652 MHz and 663-698 MHz, low power television and TV translator stations may operate on a secondary basis to stations in the fixed and mobile services until required to terminate their operations in accordance with § 73.3700(g)(4) of this chapter , and white space devices may also operate in these sub-bands, except in those areas where their use is prohibited in accordance with §§ 15.707(a)(5) and 15.713(b)(2)(iv) of this chapter . In addition, white space devices may operate in the sub-band 657-663 MHz in accordance with § 15.707(a)(2) of this chapter , low power auxiliary stations may operate in the sub-band 653-657 MHz, and unlicensed wireless microphones may operate in the sub-bands 614-616 MHz and 657-663 MHz. ( i ) NG33A The secondary MSS operations in the bands 614-652 MHz and 663-769 MHz, 775-799 MHz, and 805-806 MHz, 824-849 MHz and 869-894 MHz, and 1850-1920 MHz and 1930-2000 MHz are limited to supplemental coverage from space (SCS) and are subject to the Commission's SCS rules in part 25 of this chapter . ( ii ) [Reserved] ( 34 ) NG34 The bands 758-775 MHz and 788-805 MHz are available for assignment to the public safety services, as described in part 90 of this chapter . ( 35 ) NG35 Frequencies in the bands 928-929 MHz, 932-932.5 MHz, 941-941.5 MHz, and 952-960 MHz may be assigned for multiple address systems and associated mobile operations on a primary basis. ( 36 ) - ( 40 ) [Reserved] ( 41 ) NG41 In the band 2120-2180 MHz, the following provisions shall apply to grandfathered stations in the fixed service: ( i ) In the sub-band 2160-2162 MHz, authorizations in the Broadband Radio Service (BRS) applied for after January 16, 1992 shall be granted on a secondary basis to Advanced Wireless Services (AWS). In the band 2150-2162 MHz, all other BRS stations shall operate on a primary basis until December 9, 2021, and may continue to operate on a secondary basis thereafter, unless said facility is relocated in accordance with §§ 27.1250 through 27.1255 of this chapter . ( ii ) In the sub-band 2160-2180 MHz, fixed stations authorized pursuant to part 101 of this chapter may continue to operate on a secondary basis to AWS. ( 42 ) - ( 49 ) [Reserved] ( 50 ) NG50 In the band 10-10.5 GHz, non-Federal stations in the radiolocation service shall not cause harmful interference to the amateur service; and in the sub-band 10.45-10.5 GHz, these stations shall not cause harmful interference to the amateur-satellite service. ( 51 ) NG51 In Puerto Rico and the United States Virgin Islands, the use of band 150.8-151.49 MHz by the fixed and land mobile services is limited to stations in the Industrial/Business Pool. ( 52 ) NG52 Except as provided for by paragraph (d)(527) of this section, use of the bands 10.7-11.7 GHz (space-to-Earth) and 12.75-13.25 GHz (Earth-to-space) by geostationary satellites in the fixed-satellite service (FSS) shall be limited to international systems, i.e., other than domestic systems. ( 53 ) NG53 In the band 13.15-13.25 GHz, the following provisions shall apply: ( i ) The sub-band 13.15-13.2 GHz is reserved for television pickup (TVPU) and cable television relay service (CARS) pickup stations inside a 50 km radius of the 100 television markets delineated in § 76.51 of this chapter ; and outside these areas, TVPU stations, CARS stations and non-geostationary satellite orbit fixed-satellite service (NGSO FSS) gateway earth stations operate on a co-primary basis. ( ii ) The sub-band 13.2-13.2125 GHz is reserved for TVPU stations on a primary basis and for CARS pickup stations on a secondary basis inside a 50 km radius of the 100 television markets delineated in § 76.51 of this chapter ; and outside these areas, TVPU stations and NGSO FSS gateway earth stations operate on a co-primary basis and CARS stations operate on a secondary basis. ( iii ) In the band 13.15-13.25 GHz, fixed television auxiliary stations licensed pursuant to applications accepted for filing before September 1, 1979, may continue operation, subject to periodic license renewals. ( iv ) In the sub-band 13.15-13.2125 GHz, NGSO FSS gateway uplink transmissions shall be limited to a maximum e.i.r.p. of 3.2 dBW towards 0° on the radio horizon. Note 13 to paragraph (d)(53): The provisions of paragraphs (d)(53)(i) through (iii) of this section shall not apply to geostationary satellite orbit (GSO) FSS operations in the band 12.75-13.25 GHz. ( 54 ) - ( 55 ) [Reserved] ( 56 ) NG56 In the bands 72-73 and 75.4-76 MHz, the use of mobile radio remote control of models is on a secondary basis to all other fixed and mobile operations. Such operations are subject to the condition that interference will not be caused to common carrier domestic public stations, to remote control of industrial equipment operating in the band 72-76 MHz, or to the reception of television signals on channels 4 (66-72 MHz) or 5 (76-82 MHz). Television interference shall be considered to occur whenever reception of regularly used television signals is impaired or destroyed, regardless of the strength of the television signal or the distance to the television station. ( 57 ) NG57 The use of the band 12.75-13.25 GHz by non-geostationary-satellite systems in the fixed-satellite service is limited to communications with individually licensed earth stations. ( 58 ) NG58 In the band 17.3-17.8 GHz, the following provisions shall apply to the broadcasting-satellite, fixed, and fixed-satellite services: ( i ) The use of the band 17.3-17.8 GHz by the broadcasting-satellite and fixed-satellite (space-to-Earth) services is limited to geostationary satellites. ( ii ) The use of the band 17.3-17.8 GHz by the fixed-satellite service (Earth-to-space) is limited to feeder links for broadcasting-satellite service. ( iii ) The use of the band 17.7-17.8 GHz by the broadcasting-satellite service is limited to receiving earth stations located outside of the United States and its insular areas. ( iv ) In the band 17.7-17.8 GHz, earth stations in the fixed-satellite service may be authorized for the reception of FSS emissions from geostationary satellites, subject to the condition that these earth stations shall not claim protection from transmissions of non-Federal stations in the fixed service that operate in that band. ( 59 ) NG59 The frequencies 37.60 and 37.85 MHz may be authorized only for use by base, mobile, and operational fixed stations participating in an interconnected or coordinated power service utility system. ( 60 ) NG60 In the band 31-31.3 GHz, for stations in the fixed service authorized after August 6, 2018, the unwanted emissions power in any 100 MHz of the 31.3-31.5 GHz Earth exploration-satellite service (passive) band shall be limited to −38 dBW (−38 dBW/100 MHz), as measured at the input to the antenna. ( 61 ) [Reserved] ( 62 ) NG62 In the bands 28.5-29.1 GHz and 29.25-29.5 GHz, stations in the fixed-satellite service shall not cause harmful interference to, or claim protection from, stations in the fixed service operating under the following call signs: KEB35, KGB72, KGC79, KIL20, KME49, KQG58, KQH74, KSA96, KSE73, KVH83, KYJ33, KZS88, WAX78, WLT380, WMK817, WML443, WMP367, and WSL69. ( 63 ) NG63 In the band 37.5-40 GHz, earth station operations in the fixed-satellite service (space-to-Earth) shall not claim protection from stations in the fixed and mobile services, except where individually licensed earth stations are authorized pursuant to § 25.136 of this chapter . ( 64 ) [Reserved] ( 65 ) NG65 In the bands 24.75-25.25 GHz, 47.2-48.2 GHz, and 50.4-51.4 GHz, stations in the fixed and mobile services may not claim protection from individually licensed earth stations authorized pursuant to § 25.136 of this chapter . However, nothing in this footnote shall limit the right of Upper Microwave Flexible Use Service licensees to operate in conformance with the technical rules contained in part 30 of this chapter . The Commission reserves the right to monitor developments and to undertake further action concerning interference between Upper Microwave Flexible Use Service and Fixed-Satellite Service, including aggregate interference to satellite receivers, if appropriate. ( 66 ) NG66 The band 470-512 MHz (TV channels 14-20) is allocated to the broadcasting service on an exclusive basis throughout the United States and its insular areas, except as described in paragraphs (d)(66)(i) through (iv) of this section: ( i ) In the urbanized areas listed in table 23 to this paragraph (d)(66)(i) , the indicated frequency bands are allocated to the land mobile service on an exclusive basis for assignment to eligibles in the Public Mobile Services, the Public Safety Radio Pool, and the Industrial/Business Radio Pool, except that: ( A ) Licensees in the land mobile service that are regulated as Commercial Mobile Radio Service (CMRS) providers may also use their assigned spectrum to provide fixed service on a primary basis. ( B ) The use of the band 482-488 MHz (TV channel 16) is limited to eligibles in the Public Safety Radio Pool in or near: ( 1 ) The Los Angeles urbanized area; and ( 2 ) New York City; Nassau, Suffolk, and Westchester Counties in New York State; and Bergen County, NJ. Table 23 to Paragraph (d)(66)(i) Urbanized area Bands (MHz) TV channels Boston, MA 470-476, 482-488 14, 16 Chicago, IL-Northwestern IN 470-476, 476-482 14, 15 Cleveland, OH 470-476, 476-482 14, 15 Dallas-Fort Worth, TX 482-488 16 Detroit, MI 476-482, 482-488 15, 16 Houston, TX 488-494 17 Los Angeles, CA 470-476, 482-488, 506-512 14, 16, 20 Miami, FL 470-476 14 New York, NY-Northeastern NJ 470-476, 476-482, 482-488 14, 15, 16 Philadelphia, PA-NJ 500-506, 506-512 19, 20 Pittsburgh, PA 470-476, 494-500 14, 18 San Francisco-Oakland, CA 482-488, 488-494 16, 17 Washington, DC-MD-VA 488-494, 494-500 17, 18 ( ii ) In the Gulf of Mexico offshore from the Louisiana-Texas coast, the band 476-494 MHz (TV channels 15-17) is allocated to the fixed and mobile services on a primary basis for assignment to eligibles in the Public Mobile and Private Land Mobile Radio Services. ( iii ) In Hawaii, the band 488-494 MHz (TV channel 17) is allocated exclusively to the fixed service for use by common carrier control and repeater stations for point-to-point inter-island communications only. ( iv ) The use of these allocations is further subject to the conditions set forth in parts 22 and 90 of this chapter . ( 67 ) - ( 69 ) [Reserved] ( 70 ) NG70 In Puerto Rico and the Virgin Islands only, the bands 159.240-159.435 and 160.410-160.620 MHz are also available for assignment to base stations and mobile stations in the special industrial radio service. ( 71 ) - ( 91 ) [Reserved] ( 92 ) NG92 The band 1900-2000 kHz is also allocated on a primary basis to the maritime mobile service in Regions 2 and 3 and to the radiolocation service in Region 2, and on a secondary basis to the radiolocation service in Region 3. The use of these allocations is restricted to radio buoy operations on the open sea and the Great Lakes. Stations in the amateur, maritime mobile, and radiolocation services in Region 2 shall be protected from harmful interference only to the extent that the offending station does not operate in compliance with the technical rules applicable to the service in which it operates. ( 93 ) - ( 110 ) [Reserved] ( 111 ) NG111 The band 157.4375-157.4625 MHz may be used for one way paging operations in the special emergency radio service. ( 112 ) NG112 The frequencies 25.04, 25.08, 150.980, 154.585, 158.445, 159.480, 454.000 and 459.000 MHz may be authorized to stations in the Industrial/Business Pool for use primarily in oil spill containment and cleanup operations and secondarily in regular land mobile communication. ( 113 ) - ( 114 ) [Reserved] ( 115 ) NG115 In the bands 54-72 MHz, 76-88 MHz, 174-216 MHz, 470-608 MHz, and 614-698 MHz, wireless microphones and wireless assist video devices may be authorized on a non-interference basis, subject to the terms and conditions set forth in part 74, subpart H of this chapter . ( 116 ) - ( 117 ) [Reserved] ( 118 ) NG118 In the bands 2025-2110 MHz, 6875-7125 MHz, and 12.7-13.25 GHz, television translator relay stations may be authorized to use frequencies on a secondary basis to other stations in the Television Broadcast Auxiliary Service that are operating in accordance with the Table of Frequency Allocations in this section. ( 119 ) - ( 123 ) [Reserved] ( 124 ) NG124 In the bands 30.85-34, 37-38, 39-40, 42-47.41, 150.995-156.25, 158.715-159.465, 453.0125-453.9875, 458.0125-458.9875, 460.0125-465.6375, and 467.9375-467.9875 MHz, police licensees are authorized to operate low power transmitters on a secondary basis in accordance with the provisions of §§ 2.803 and 90.20(e)(5) of this chapter . ( 125 ) - ( 140 ) [Reserved] ( 141 ) NG141 In Alaska, the frequencies 42.4 MHz and 44.1 MHz are authorized on a primary basis for meteor burst communications by fixed stations in the Rural Radio Service operating under the provisions of part 22 of this chapter . In Alaska, the frequencies 44.2 MHz and 45.9 MHz are authorized on a primary basis for meteor burst communications by fixed private radio stations operating under the provisions of part 90 of this chapter . The private radio station frequencies may be used by Common Carrier stations on a secondary, noninterference basis and the Common Carrier frequencies may be used by private radio stations for meteor burst communications on a secondary, noninterference basis. Users shall cooperate to the extent practical to minimize potential interference. Stations utilizing meteor burst communications shall not cause harmful interference to stations of other radio services operating in accordance with the Table of Frequency Allocations in this section. ( 142 ) [Reserved] ( 143 ) NG143 In the band 11.7-12.2 GHz, protection from harmful interference shall be afforded to transmissions from space stations not in conformance with ITU Radio Regulation No. 5.488 only if the operations of such space stations impose no unacceptable constraints on operations or orbit locations of space stations in conformance with No. 5.488. ( 144 ) - ( 146 ) [Reserved] ( 147 ) NG147 In the band 2483.5-2500 MHz, non-Federal stations in the fixed and mobile services that are licensed under part 74 , 90 , or 101 of this chapter , which were licensed as of July 25, 1985, and those whose initial applications were filed on or before July 25, 1985, may continue to operate on a primary basis with the mobile-satellite and radiodetermination-satellite services, and in the sub-band 2495-2500 MHz, these grandfathered stations may also continue to operate on a primary basis with stations in the fixed and mobile except aeronautical mobile services that are licensed under part 27 of this chapter . ( 148 ) NG148 The frequencies 154.585 MHz, 159.480 MHz, 160.725 MHz, 160.785 MHz, 454.000 MHz and 459.000 MHz may be authorized to maritime mobile stations for offshore radiolocation and associated telecommand operations. ( 149 ) NG149 The bands 54-72 MHz, 76-88 MHz, 174-216 MHz, 470-512 MHz, 512-608 MHz, and 614-698 MHz are also allocated to the fixed service to permit subscription television operations in accordance with part 73 of this chapter . Use of the band 614-698 MHz is subject to the provisions specified in paragraph (d)(33) of this section. ( 150 ) - ( 151 ) [Reserved] ( 152 ) NG152 The use of the band 219-220 MHz by the amateur service is limited to stations participating, as forwarding stations, in point-to-point fixed digital message forwarding systems, including intercity packet backbone networks. ( 153 ) - ( 154 ) [Reserved] ( 155 ) NG155 The bands 159.500-159.675 MHz and 161.375-161.550 MHz are allocated to the maritime service as described in part 80 of this chapter . Additionally, the frequencies 159.550, 159.575 and 159.600 MHz are available for low-power intership communications. ( 156 ) - ( 158 ) [Reserved] ( 159 ) NG159 In the band 698-806 MHz, stations authorized under part 74, subparts F and G of this chapter may continue to operate indefinitely on a secondary basis to all other stations operating in that band. ( 160 ) NG160 In the band 5895-5925 MHz, the use of the non-Federal mobile service is limited to operations in the Intelligent Transportation System radio service. ( 161 ) - ( 163 ) [Reserved] ( 164 ) NG164 The use of the band 18.6-18.8 GHz by the fixed-satellite service is limited to geostationary-satellite networks. ( 165 ) NG165 In the bands 18.8-19.3 GHz and 28.6-29.1 GHz, geostationary-satellite networks in the fixed-satellite service shall not cause harmful interference to, or claim protection from, non-geostationary-satellite systems in the fixed-satellite service. ( 166 ) NG166 The use of the bands 19.4-19.6 GHz and 29.1-29.25 GHz by the fixed-satellite service is limited to feeder links for non-geostationary-satellite systems in the mobile-satellite service. ( 167 ) - ( 168 ) [Reserved] ( 169 ) NG169 In the band 3650-3700 MHz, use of the non-Federal fixed-satellite service (space-to-Earth) is limited to international inter-continental systems and, after December 1, 2000, primary operations are limited to grandfathered earth stations. All other earth station operations in the band 3650-3700 MHz are authorized on a secondary basis. Grandfathered earth stations are those authorized prior to December 1, 2000, or granted as a result of an application filed prior to December 1, 2000, and constructed within 12 months of initial authorization. License applications for primary operations for new earth stations, major amendments to pending earth station applications, or applications for major modifications to earth station facilities filed on or after December 18, 1998, and prior to December 1, 2000, will not be accepted unless the proposed facilities are within 16.1 kilometers (10 miles) of an authorized primary earth station operating in the band 3650-3700 MHz. License applications for primary operations by new earth stations, major amendments to pending earth station applications, and applications for major modifications to earth station facilities, filed after December 1, 2000, will not be accepted, except for changes in polarization, antenna orientation or ownership of a grandfathered earth station. ( 170 ) [Reserved] ( 171 ) NG171 In the band 6875-7125 MHz, the following two channels should be used for airborne TV pickup stations, wherever possible: 7075-7100 MHz and 7100-7125 MHz. ( 172 ) NG172 In the band 7025-7075 MHz, use of the primary fixed-satellite service (space-to-Earth) allocation shall be limited to two grandfathered satellite systems. Associated earth stations located within 300 meters of the following locations shall be grandfathered: ( i ) In the band 7025-7075 MHz, Brewster, WA (48°08′46.7″ N, 119°42′8.0″ W); and ( ii ) In the sub-band 7025-7055 MHz, Clifton, TX (31° 47′58.5″ N, 97°36′46.7″ W) and Finca Pascual, PR (17°58′41.8″ N, 67°8′12.6″ W). ( 173 ) NG173 In the band 216-220 MHz, secondary telemetry operations are permitted subject to the requirements of § 90.259 of this chapter . After January 1, 2002, no new assignments shall be authorized in the sub-band 216-217 MHz. ( 174 ) [Reserved] ( 175 ) NG175 In the band 38.6-40 GHz, television pickup stations that were authorized on or before April 16, 2003, may continue to operate on a secondary basis to stations operating in accordance with the Table of Frequency Allocations in this section. ( 176 ) - ( 181 ) [Reserved] ( 182 ) NG182 In the band 3700-4200 MHz, the following provisions shall apply: ( i ) Except as provided in paragraph (d)(182)(iii)(A) of this section, any currently authorized space stations serving the contiguous United States may continue to operate on a primary basis, but no applications for new space station authorizations or new petitions for market access shall be accepted for filing after June 21, 2018, other than applications by existing operators in the band seeking to make more efficient use of the band 4000-4200 MHz. Applications for extension, cancellation, replacement, or modification of existing space station authorizations in the band will continue to be accepted and processed normally. ( ii ) In areas outside the contiguous United States, the band 3700-4000 MHz is also allocated to the fixed-satellite service (space-to-Earth) on a primary basis. ( iii ) In the contiguous United States, i.e., the contiguous 48 states and the District of Columbia as defined by Partial Economic Areas Nos. 1-41, 43-211, 213-263, 265-297, 299-359, and 361-411, which includes areas within 12 nautical miles of the U.S. Gulf coastline ( see § 27.6(m) of this chapter ), the following provisions apply: ( A ) Incumbent use of the fixed-satellite service (space-to-Earth) in the band 3700-4000 MHz is subject to the provisions of §§ 25.138 , 25.147 , 25.203(n) and part 27, subpart O of this chapter ; ( B ) Fixed service licensees authorized as of April 19, 2018, pursuant to part 101 of this chapter , must self-relocate their point-to-point links out of the band 3700-4200 MHz by December 5, 2023; ( C ) In the band 3980-4000 MHz, no new fixed or mobile operations will be permitted until specified by Commission rule, order, or notice. ( 183 ) - ( 184 ) [Reserved] ( 185 ) - ( 337 ) [Reserved] ( 338 ) NG338A In the bands 1390-1395 MHz and 1427-1435 MHz, licensees are encouraged to take all reasonable steps to ensure that unwanted emissions power does not exceed the following levels in the band 1400-1427 MHz: ( i ) For stations of point-to-point systems in the fixed service: −45 dBW/27 MHz. ( ii ) For stations in the mobile service (except for devices authorized by the FCC for the Wireless Medical Telemetry Service): −60 dBW/27 MHz. ( 339 ) - ( 456 ) [Reserved] ( 457 ) NG457A Earth stations on vessels (ESVs), as regulated under part 25 of this chapter , are an application of the fixed-satellite service and the following provisions shall apply: ( i ) In the band 3700-4200 MHz, ESVs may be authorized to receive FSS signals from geostationary satellites. ESVs in motion are subject to the condition that these earth stations may not claim protection from transmissions of non-Federal stations in the fixed and mobile except aeronautical mobile services. While docked, ESVs receiving in the band 4000-4200 MHz may be coordinated for up to 180 days, renewable. Paragraph d(182) of this section applies to incumbent licensees that provide service to ESVs in the band 3700-4000 MHz. ( ii ) In the band 5925-6425 MHz, ESVs may be authorized to transmit to geostationary satellites on a primary basis. ( 458 ) - ( 526 ) [Reserved] ( 527 ) NG527A Earth Stations in Motion (ESIMs), as regulated under part 25 of this chapter , are an application of the fixed-satellite service (FSS) and the following provisions shall apply: ( i ) In the bands 10.7-11.7 GHz, 19.3-19.4 GHz, and 19.6-19.7 GHz, ESIMs may be authorized for the reception of FSS emissions from geostationary and non-geostationary satellites, subject to the conditions that these earth stations may not claim protection from transmissions of non-Federal stations in the fixed service and that non-geostationary-satellite systems not cause unacceptable interference to, or claim protection from, geostationary-satellite networks. ( ii ) In the bands 11.7-12.2 GHz (space-to-Earth), 14.0-14.5 GHz (Earth-to-space), 18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space), ESIMs may be authorized to communicate with geostationary satellites on a primary basis. ( iii ) In the bands 11.7-12.2 GHz (space-to-Earth), 14.0-14.5 GHz (Earth-to-space), 18.3-18.6 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 28.4-28.6 GHz (Earth-to-space), and 29.5-30.0 GHz (Earth-to-space), ESIMs may be authorized to communicate with non-geostationary satellites, subject to the condition that non-geostationary-satellite systems may not cause unacceptable interference to, or claim protection from, geostationary-satellite networks. ( iv ) In the band 17.8-18.3 GHz, ESIMs may be authorized for the reception of FSS emissions from geostationary and non-geostationary satellites on a secondary basis, subject to the condition that non-geostationary-satellite systems not cause unacceptable interference to, or claim protection from, geostationary-satellite networks. ( v ) In the bands 18.8-19.3 GHz (space-to-Earth) and 28.6-29.1 GHz (Earth-to-space), ESIMs may be authorized to communicate with geostationary and non-geostationary satellites, subject to the condition that geostationary-satellite networks may not cause unacceptable interference to, or claim protection from, non-geostationary satellite systems in the fixed-satellite service. ( vi ) In the band 17.3-17.8 GHz, ESIMs may be authorized for the reception of FSS emissions from geostationary satellites on an unprotected basis. ( 528 ) - ( 534 ) [Reserved] ( 535 ) NG535A The use of the band 29.25-29.5 GHz by the fixed-satellite service is limited to geostationary-satellite networks and to feeder links for non-geostationary-satellite systems in the mobile-satellite service. ( e ) Federal Government (G) footnotes. Federal Government (Federal) footnotes, each in the format ”G” followed by one or more digits, denote stipulations applicable only to Federal operations and thus appear solely in the Federal Table. The list of Federal footnotes follows: ( 1 ) [Reserved] ( 2 ) G2 In the bands 216.965-216.995 MHz, 420-450 MHz (except as provided for in G129), 890-902 MHz, 928-942 MHz, 1300-1390 MHz, 2310-2390 MHz, 2417-2450 MHz, 2700-2900 MHz, 3300-3500 MHz, 5650-5925 MHz, and 9000-9200 MHz, use of the Federal radiolocation service is restricted to the military services. ( 3 ) - ( 4 ) [Reserved] ( 5 ) G5 In the bands 162.0125-173.2, 173.4-174, 406.1-410 and 410-420 MHz, use by the military services is limited by the provisions specified in the channeling plans shown in Sections 4.3.7 and 4.3.9 of the NTIA Manual. ( 6 ) G6 Military tactical fixed and mobile operations may be conducted nationally on a secondary basis: ( i ) To the meteorological aids service in the band 403-406 MHz; and ( ii ) To the radio astronomy service in the band 406.1-410 MHz. Such fixed and mobile operations are subject to local coordination to ensure that harmful interference will not be caused to the services to which the bands are allocated. ( 7 ) [Reserved] ( 8 ) G8 Low power Federal radio control operations are permitted in the band 420-450 MHz. ( 9 ) - ( 10 ) [Reserved] ( 11 ) G11 Federal fixed and mobile radio services, including low power radio control operations, are permitted in the band 902-928 MHz on a secondary basis. ( 12 ) - ( 14 ) [Reserved] ( 15 ) G15 Use of the band 2700-2900 MHz by the military fixed and shipborne air defense radiolocation installations will be fully coordinated with the meteorological aids and aeronautical radionavigation services. The military air defense installations will be moved from the band 2700-2900 MHz at the earliest practicable date. Until such time as military air defense installations can be accommodated satisfactorily elsewhere in the spectrum, such operations will, insofar as practicable, be adjusted to meet the requirements of the aeronautical radionavigation service. ( 16 ) - ( 18 ) [Reserved] ( 19 ) G19 Use of the band 9000-9200 MHz by military fixed and shipborne air defense radiolocation installations will be fully coordinated with the aeronautical radionavigation service, recognizing fully the safety aspects of the latter. Military air defense installations will be accommodated ultimately out-side this band. Until such time as military defense installations can be accommodated satisfactorily elsewhere in the spectrum such operations will, insofar as practicable, be adjusted to meet the requirements of the aeronautical radionavigation services. ( 20 ) - ( 26 ) [Reserved] ( 27 ) G27 In the bands 225-328.6 MHz, 335.4-399.9 MHz, and 1350-1390 MHz, the fixed and mobile services are limited to the military services. ( 28 ) - ( 29 ) [Reserved] ( 30 ) G30 In the bands 138-144 MHz, 148-149.9 MHz, and 150.05-150.8 MHz, the fixed and mobile services are limited primarily to operations by the military services. ( 31 ) [Reserved] ( 32 ) G32 Except for weather radars on meteorological satellites in the band 9.975-10.025 GHz and for Federal survey operations (see paragraph (c)(108) of this section), Federal radiolocation in the band 10-10.5 GHz is limited to the military services. ( 33 ) [Reserved] ( 34 ) G34 In the band 34.4-34.5 GHz, weather radars on board meteorological satellites for cloud detection are authorized to operate on the basis of equality with military radiolocation devices. All other non-military radiolocation in the band 33.4-36.0 GHz shall be secondary to the military services. ( 35 ) - ( 41 ) [Reserved] ( 42 ) G42 The space operation service (Earth-to-space) is limited to the band 1761-1842 MHz, and is limited to space command, control, range and range rate systems. ( 43 ) - ( 55 ) [Reserved] ( 56 ) G56 Federal radiolocation in the bands 1215-1300, 2900-3100, 5350-5650 and 9300-9500 MHz is primarily for the military services; however, limited secondary use is permitted by other Federal agencies in support of experimentation and research programs. In addition, limited secondary use is permitted for survey operations in the band 2900-3100 MHz. ( 57 ) - ( 58 ) [Reserved] ( 59 ) G59 In the bands 902-928 MHz, 3100-3300 MHz, 3500-3650 MHz, 5250-5350 MHz, 8500-9000 MHz, 9200-9300 MHz, 13.4-14.0 GHz, 15.7-17.7 GHz and 24.05-24.25 GHz, all Federal non-military radiolocation shall be secondary to military radiolocation, except in the sub-band 15.7-16.2 GHz airport surface detection equipment (ASDE) is permitted on a co-equal basis subject to coordination with the military departments. ( 60 ) - ( 99 ) [Reserved] ( 100 ) G100 The bands 235-322 MHz and 335.4-399.9 MHz are also allocated on a primary basis to the mobile-satellite service, limited to military operations. ( 101 ) - ( 103 ) [Reserved] ( 104 ) G104 In the bands 7450-7550 and 8175-8215 MHz, it is agreed that although the military space radio communication systems, which include earth stations near the proposed meteorological-satellite installations will precede the meteorological-satellite installations, engineering adjustments to either the military or the meteorological-satellite systems or both will be made as mutually required to assure compatible operations of the systems concerned. ( 105 ) - ( 108 ) [Reserved] ( 109 ) G109 All assignments in the band 157.0375-157.1875 MHz are subject to adjustment to other frequencies in this band as long term U.S. maritime VHF planning develops, particularly that planning incident to support of the National VHF-FM Radiotelephone Safety and Distress System (See Doc. 15624/1-1.9.111/1.9.125). ( 110 ) G110 Federal ground-based stations in the aeronautical radionavigation service may be authorized between 3500-3650 MHz when accommodation in the band 2700-2900 MHz is not technically and/or economically feasible. ( 111 ) - ( 113 ) [Reserved] ( 114 ) G114 The band 1369.05-1390 MHz is also allocated to the fixed-satellite service (space-to-Earth) and to the mobile-satellite service (space-to-Earth) on a primary basis for the relay of nuclear burst data. ( 115 ) G115 In the band 13.36-13.41 MHz, the fixed service is allocated on a primary basis outside the conterminous United States. Within the conterminous United States, assignments in the fixed service are permitted, and will be protected for national defense purposes or, if they are to be used only in an emergency jeopardizing life, public safety, or important property under conditions calling for immediate communication where other means of communication do not exist. ( 116 ) G116 The band 7125-7155 MHz is also allocated for Earth-to-space transmissions in the Space Operations Service at a limited number of sites (not to exceed two), subject to established coordination procedures. ( 117 ) G117 In the bands 7.25-7.75 GHz, 7.9-8.4 GHz, 17.375-17.475 GHz, 17.6-21.2 GHz, 30-31 GHz, 33-36 GHz, 39.5-41 GHz, 43.5-45.5 GHz and 50.4-51.4 GHz, the Federal fixed-satellite and mobile-satellite services are limited to military systems. ( 118 ) - ( 119 ) [Reserved] ( 120 ) G120 Development of airborne primary radars in the band 2360-2390 MHz with peak transmitter power in excess of 250 watts for use in the United States is not permitted. ( 121 ) [Reserved] ( 122 ) G122 In the bands 2300-2310 MHz, 2395-2400 MHz, 2400-2417 MHz, and 4940-4990 MHz, Federal operations may be authorized on a non-interference basis to authorized non-Federal operations, and shall not constrain the implementation of any non-Federal operations. ( 123 ) - ( 126 ) [Reserved] ( 127 ) G127 Federal Travelers Information Stations (TIS) on 1610 kHz have co-primary status with AM Broadcast assignments. Federal TIS authorized as of August 4, 1994, preclude subsequent assignment for conflicting allotments. ( 128 ) G128 Use of the band 56.9-57 GHz by inter-satellite systems is limited to transmissions between satellites in geostationary orbit, to transmissions between satellites in geostationary satellite orbit and those in high-Earth orbit, to transmissions from satellites in geostationary satellite orbit to those in low-Earth orbit, and to transmissions from non-geostationary satellites in high-Earth orbit to those in low-Earth orbit. For links between satellites in the geostationary satellite orbit, the single entry power flux-density at all altitudes from 0 km to 1000 km above the Earth's surface, for all conditions and for all methods of modulation, shall not exceed −147 dB (W/m 2 /100 MHz) for all angles of arrival. ( 129 ) G129 Federal wind profilers are authorized to operate on a primary basis in the radiolocation service in the frequency band 448-450 MHz with an authorized bandwidth of no more than 2 MHz centered on 449 MHz, subject to the following conditions: ( i ) Wind profiler locations must be pre-coordinated with the military services to protect fixed military radars; and ( ii ) Wind profiler operations shall not cause harmful interference to, nor claim protection from, military mobile radiolocation stations that are engaged in critical national defense operations. ( 130 ) G130 Federal stations in the radiolocation service operating in the band 5350-5470 MHz, shall not cause harmful interference to, nor claim protection from, Federal stations in the aeronautical radionavigation service operating in accordance with ITU Radio Regulation No. 5.449. ( 131 ) G131 Federal stations in the radiolocation service operating in the band 5470-5650 MHz, with the exception of ground-based radars used for meteorological purposes operating in the band 5600-5650 MHz, shall not cause harmful interference to, nor claim protection from, Federal stations in the maritime radionavigation service. ( 132 ) G132 Use of the radionavigation-satellite service in the band 1215-1240 MHz shall be subject to the condition that no harmful interference is caused to, and no protection is claimed from, the radionavigation service authorized under paragraph (b)(331) of this section. Furthermore, the use of the radionavigation-satellite service in the band 1215-1240 MHz shall be subject to the condition that no harmful interference is caused to the radiolocation service. ITU Radio Regulation No. 5.43 shall not apply in respect of the radiolocation service. ITU Resolution 608 (Rev.WRC-19) shall apply. ( 133 ) [Reserved] ( 134 ) G134 In the band 7190-7235 MHz, Federal earth stations operating in the meteorological-satellite service (Earth-to-space) may be authorized subject to the following conditions: ( i ) Earth stations are limited to those communicating with the Department of Commerce Geostationary Operational Environmental Satellites (GOES). ( ii ) There shall not be more than five earth stations authorized at one time. ( iii ) The GOES satellite receiver shall not claim protection from existing and future stations in the fixed service (ITU Radio Regulation No. 5.43A does not apply). [ 49 FR 2373 , Jan. 19, 1984] Editorial Note Editorial Note: For Federal Register citations affecting § 2.106 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 2.107 Radio astronomy station notification. ( a ) Pursuant to No. 11.12 of Article 11 to the Radio Regulations, operators of radio astronomy stations desiring international recognition of their use of specific radio astronomy frequencies for reception, should file the following information with the Commission for inclusion in the Master International Frequency Register: ( 1 ) The characteristics of radio astronomy stations specified in Annex 2 of Appendix 4 to the Radio Regulations. ( 2 ) The name, mailing address, and email of the operator. ( b ) The permanent discontinuance of observations, or any change to the information above, should also be filed with the Commission. ( c ) Observations being conducted on frequencies or frequency bands not allocated to the radio astronomy service should be reported as in paragraph (a) of this section for information purposes. Information in this category will not be submitted for entry in the Master International Frequency Register and protection from interference will not be afforded such operations by stations in other services. [ 49 FR 2373 , Jan. 19, 1984, as amended at 85 FR 38739 , June 26, 2020] § 2.108 Policy regarding the use of the fixed-satellite allocations in the 3.6-3.7, 4.5-4.8, and 5.85-5.925 GHz bands. The use of the fixed-satellite allocations in the United States in the above bands will be governed by footnote US245. Use of the fixed-satellite service allocations in these bands is for the international fixed-satellite service, that is, for international inter-continental communications. Case-by-case electromagnetic compatibility analysis is required with all users of the bands. It is anticipated that one earth station on each coast can be successfully coordinated. Specific locations of these earth stations depend upon service requirements and case-by-case EMC analyses that demonstrate compatible operations. Subpart C—Emissions § 2.201 Emission, modulation, and transmission characteristics. The following system of designating emission, modulation, and transmission characteristics shall be employed. ( a ) Emissions are designated according to their classification and their necessary bandwidth. ( b ) Three symbols are used to describe the basic characteristics of emissions. Emissions are classified and symbolized according to the following characteristics: ( 1 ) First symbol—type of modulation of the main carrier; ( 2 ) Second symbol—nature of signal(s) modulating the main carrier; ( 3 ) Third symbol—type of information to be transmitted. Note to paragraph ( b ): Two additional symbols for the classification of emissions may be added for a more complete description of an emission. See Appendix 1, Sub-Section IIB of the ITU Radio Regulations for the specifications of these fourth and fifth symbols. Use of these symbols is not required by the Commission. ( c ) First Symbol—types of modulation of the main carrier: (1) Emission of an unmodulated carrier N (2) Emission in which the main carrier is amplitude-modulated (including cases where sub-carriers are angle-modulated): —Double-sideband A —Single-sideband, full carrier H —Single-sideband, reduced or variable level carrier R —Single-sideband, suppressed carrier J —Independent sidebands B —Vestigial sideband C (3) Emission in which the main carrier is angle-modulated: —Frequency modulation F —Phase modulation G Note: Whenever frequency modulation “F” is indicated, Phase modulation “G” is also acceptable. (4) Emission in which the main carrier is amplitude and angle-modulated either simultaneously or in a pre-established sequence D (5) Emission of pulses: 1 —Sequence of unmodulated pulses P —A sequence of pulses: —Modulated in amplitude K —Modulated in width/duration L —Modulated in position/phase M —In which the carrier is angle-modulated during the period of the pulse Q —Which is a combination of the foregoing or is produced by other means V (6) Cases not covered above, in which an emission consists of the main carrier modulated, either simultaneously or in a pre-established sequence, in a combination of two or more of the following modes: amplitude, angle, pulse W (7) Cases not otherwise covered X 1 Emissions where the main carrier is directly modulated by a signal which has been coded into quantized form (e.g. pulse code modulation) should be designated under (2) or (3). ( d ) Second Symbol—nature of signal(s) modulating the main carrier: (1) No modulating signal 0 (2) A single channel containing quantized or digital information without the use of a modulating sub-carrier, excluding time-division muliplex 1 (3) A single channel containing quantized or digital information with the use of a modulating sub-carrier, excluding time-division multiplex 2 (4) A single channel containing analogue information 3 (5) Two or more channels containing quantized or digital information 7 (6) Two or more channels containing analogue information 8 (7) Composite system with one or more channels containing quantized or digital information, together with one or more channels containing analogue information 9 (8) Cases not otherwise covered X ( e ) Third Symbol—type of information to be transmitted: [ 2 ] (1) No information transmitted N (2) Telegraphy—for aural reception A (3) Telegraphy—for automatic reception B (4) Facsimile C (5) Data transmission, telemetry, telecommand D (6) Telephony (including sound broadcasting) E (7) Television (video) F (8) Combination of the above W (9) Cases not otherwise covered X ( f ) Type B emission: As an exception to the above principles, damped waves are symbolized in the Commission's rules and regulations as type B emission. The use of type B emissions is forbidden. ( g ) Whenever the full designation of an emission is necessary, the symbol for that emission, as given above, shall be preceded by the necessary bandwidth of the emission as indicated in § 2.202(b)(1) . [ 49 FR 48697 , Dec. 14, 1984, as amended at 75 FR 63030 , Oct. 13, 2010] Footnotes - 2.201 [ 2 ] In this context the word “information” does not include information of a constant, unvarying nature such as is provided by standard frequency emissions, continuous wave and pulse radars, etc. § 2.202 Bandwidths. ( a ) Occupied bandwidth. The frequency bandwidth such that, below its lower and above its upper frequency limits, the mean powers radiated are each equal to 0.5 percent of the total mean power radiated by a given emission. In some cases, for example multichannel frequency-division systems, the percentage of 0.5 percent may lead to certain difficulties in the practical application of the definitions of occupied and necessary bandwidth; in such cases a different percentage may prove useful. ( b ) Necessary bandwidth. For a given class of emission, the minimum value of the occupied bandwidth sufficient to ensure the transmission of information at the rate and with the quality required for the system employed, under specified conditions. Emissions useful for the good functioning of the receiving equipment as, for example, the emission corresponding to the carrier of reduced carrier systems, shall be included in the necessary bandwidth. ( 1 ) The necessary bandwidth shall be expressed by three numerals and one letter. The letter occupies the position of the decimal point and represents the unit of bandwidth. The first character shall be neither zero nor K, M or G. ( 2 ) Necessary bandwidths: between 0.001 and 999 Hz shall be expressed in Hz (letter H); between 1.00 and 999 kHz shall be expressed in kHz (letter K); between 1.00 and 999 MHz shall be expressed in MHz (letter M); between 1.00 and 999 GHz shall be expressed in GHz (letter G). ( 3 ) Examples: 0.002 Hz—H002 0.1 Hz—H100 25.3 Hz—25H3 400 Hz—400H 2.4 kHz—2K40 6 kHz—6K00 12.5 kHz—12K5 180.4 kHz—180K 180.5 kHz—181K 180.7 kHz—181K 1.25 MHz—1M25 2 MHz—2M00 10 MHz—10M0 202 MHz—202M 5.65 GHz—5G65 ( c ) The necessary bandwidth may be determined by one of the following methods: ( 1 ) Use of the formulas included in the table, in paragraph (g) of this section, which also gives examples of necessary bandwidths and designation of corresponding emissions; ( 2 ) For frequency modulated radio systems which have a substantially linear relationship between the value of input voltage to the modulator and the resulting frequency deviation of the carrier and which carry either single sideband suppressed carrier frequency division multiplex speech channels or television, computation in accordance with provisions of paragraph (f) of this section and formulas and methods indicated in the table, in paragraph (g) of this section; ( 3 ) Computation in accordance with Recommendations of the International Radio Consultative Committee (C.C.I.R.); ( 4 ) Measurement in cases not covered by paragraph (c) (1) , (2) , or (3) of this section. ( d ) The value so determined should be used when the full designation of an emission is required. However, the necessary bandwidth so determined is not the only characteristic of an emission to be considered in evaluating the interference that may be caused by that emission. ( e ) In the formulation of the table in paragraph (g) of this section, the following terms are employed: B n = Necessary bandwidth in hertz B = Modulation rate in bauds N = Maximum possible number of black plus white elements to be transmitted per second, in facsimile M = Maximum modulation frequency in hertz C = Sub-carrier frequency in hertz D = Peak frequency deviation, i.e. , half the difference between the maximum and minimum values of the instantaneous frequency. The instantaneous frequency in hertz is the time rate of change in phase in radians divided by 2 t = Pulse duration in seconds at half-amplitude t r = Pulse rise time in seconds between 10% and 90% of maximum amplitude K = An overall numerical factor which varies according to the emission and which depends upon the allowable signal distortion. N c = Number of baseband telephone channels in radio systems employing multichannel multiplexing P = Continuity pilot sub-carrier frequency (Hz) (continuous signal utilized to verify performance of frequency-division multiplex systems). ( f ) Determination of values of D and B n for systems specified in paragraph (c)(2) of this section: ( 1 ) Determination of D in systems for multichannel telephony: ( i ) The rms value of the per-channel deviation for the system shall be specified. (In the case of systems employing preemphasis or phase modulation, this value of per-channel deviation shall be specified at the characteristic baseband frequency.) ( ii ) The value of D is then calculated by multiplying the rms value of the per-channel deviation by the appropriate factors, as follows: Number of message circuits Multiplying factors Limits of X (P avg (dBmO)) More than 3, but less than 12 4.47 × [a factor specified by the equipment manufacturer or station licensee, subject to Commission approval] 3.76 antilog (X + 2 log 10 N c ) At least 12, but less than 60 ————————————— X: −2 to + 2.6. 20 3.76 antilog (X + 4 log 10 N c ) At least 60, but less than 240 ————————————— X: −5.6 to −1.0. 20 3.76 antilog (X + 10 log 10 N c ) 240 or more ————————————— X: −19.6 to −15.0. 20 Where X represents the average power in a message circuit in dBmO; N c is the number of circuits in the multiplexed message load; 3.76 corresponds to a peak load factor of 11.5 dB. ( 2 ) The necessary bandwidth ( B n ) normally is considered to be numerically equal to: ( i ) 2 M + 2 DK, for systems having no continuity pilot subcarrier or having a continuity pilot subcarrier whose frequency is not the highest modulating the main carrier; ( ii ) 2 P + 2 DK, for systems having a continuity pilot subcarrier whose frequency exceeds that of any other signal modulating the main carrier, unless the conditions set forth in paragraph (f)(3) of this section are met. ( 3 ) As an exception to paragraph (f)(2)(ii) of this section, the necessary bandwidth ( B n ) for such systems is numerically equal to 2 P or 2 M + 2 DK , whichever is greater, provided the following conditions are met: ( i ) The modulation index of the main carrier due to the continuity pilot subcarrier does not exceed 0.25, and ( ii ) In a radio system of multichannel telephony, the rms frequency deviation of the main carrier due to the continuity pilot subcarrier does not exceed 70 percent of the rms value of the per-channel deviation, or, in a radio system for television, the rms deviation of the main carrier due to the pilot does not exceed 3.55 percent of the peak deviation of the main carrier. ( g ) Table of necessary bandwidths: Description of emission Necessary bandwidth Designation of emission Formula Sample calculation I. NO MODULATING SIGNAL Continuous wave emission N0N (zero) II. AMPLITUDE MODULATION 1. Signal With Quantized or Digital Information Continuous wave telegraphy B n = BK, K = 5 for fading circuits, K = 3 for non-fading circuits 25 words per minute; B = 20, K = 5, Bandwidth: 100 Hz 100HA1A Telegraphy by on-off keying of a tone modulated carrier B n = BK + 2M, K = 5 for fading circuits, K = 3 for non-fading circuits 25 words per minute; B = 20, M = 1000, K = 5, Bandwidth: 2100 Hz = 2.1 kHz 2K10A2A Selective calling signal, single-sideband full carrier B n = M Maximum code frequency is: 2110 Hz, M = 2110, Bandwidth: 2110 Hz = 2.11 kHz 2K11H2B Direct-printing telegraphy using a frequency shifted modulating sub-carrier single-sideband suppressed carrier B n = 2M + 2DK, M = B ÷ 2 B = 50, D = 35 Hz (70 Hz shift), K = 1.2, Bandwidth: 134 Hz 134HJ2B Telegraphy, single sideband reduced carrier B n = central frequency + M + DK, M = B ÷ 2 15 channels; highest central frequency is: 2805 Hz, B = 100, D = 42.5 Hz (85 Hz shift), K = 0.7 Bandwidth: 2.885 Hz = 2.885 kHz 2K89R7B 2. Telephony (Commercial Quality) Telephony double-sideband B n = 2M M = 3000, Bandwidth = 6000 Hz = 6 kHz 6K00A3E Telephony, single-sideband, full carrier B n = 2M M = 3000, Bandwidth: 3000 Hz = 3 kHz 3K00H3E Telephony, single-sideband suppressed carrier B n = M−lowest modulation frequency M = 3000, lowest modulation frequency is 3000 Hz, 2700 Hz Bandwidth: 2700Hz = 2.7 kHz 2K70J3E Telephony with separate frequency modulated signal to control the level of demodulated speech signal, single-sideband, reduced carrier B n = M Maximum control frequency is 2990 Hz, M = 2990, Bandwidth: 2990 Hz = 2.99 kHz 2K99R3E Telephony with privacy, single-sideband, suppressed carrier (two or more channels) B n = N c M−lowest modulation frequency in the lowest channel N c = 2, M = 3000 lowest modulation frequency is 250 Hz, Bandwidth: 5750 Hz = 5.75 kHz 5K75J8E Telephony, independent sideband (two or more channels) B n = sum of M for each sideband 2 channels, M = 3000, Bandwidth: 6000 Hz = 6 kHz 6K00B8E 3. Sound Broadcasting Sound broadcasting, double-sideband B n = 2M, M may vary between 4000 and 10000 depending on the quality desired Speech and music, M = 4000, Bandwidth: 8000 Hz= 8 kHz 8K00A3E Sound broadcasting, single-sideband reduced carrier (single channel) B n = M, M may vary between 4000 and 10000 depending on the quality desired Speech and music, M = 4000, Bandwidth: 4000 Hz= 4 kHz 4K00R3E Sound broadcasting, single-sideband, suppressed carrier B n = M−lowest modulation frequency Speech and music, M = 4500, lowest modulation frequency = 50 Hz, Bandwidth: 4450 Hz = 4.45 kHz 4K45J3E 4. Television Television, vision and sound Refer to CCIR documents for the bandwidths of the commonly used television systems Number of lines = 525; Nominal video bandwidth: 4.2 MHz, Sound carrier relative to video carrier = 4.5 MHz 5M75C3F Total vision bandwidth: 5.75 MHz; FM aural bandwidth including guardbands: 250,000 Hz 250KF3E Total bandwidth: 6 MHz 6M25C3F 5. Facsimile Analogue facsimile by sub-carrier frequency modulation of a single-sideband emission with reduced carrier B n = C−N ÷ 2 + DK, K = 1.1 (typically) N = 1100, corresponding to an index of cooperation of 352 and a cycler rotation speed of 60 rpm. Index of cooperation is the product of the drum diameter and number of lines per unit length C = 1900, D = 400 Hz, Bandwidth = 2.890 Hz = 2.89 kHz 2K89R3C Analogue facsimile; frequency modulation of an audio frequency sub-carrier which modulates the main carrier, single-sideband suppressed carrier B n = 2M + 2DK, M = N/ 2 , K = 1.1 (typically) N = 1100, D = 400 Hz, Bandwidth: 1980 Hz = 1.98 kHz 1K98J3C 6. Composite Emissions Double-sideband, television relay B n = 2C + 2M + 2D Video limited to 5 MHz, audio on 6.5 MHz frequency modulated subcarrier deviation = 50 kHz: C = 6.5 × 10 6 D = 50 × 10 3 Hz, M = 15,000, Bandwidth: 13.13 × 10 6 Hz = 13.13 MHz 13M2A8W Double-sideband radio relay system B n = 2M 10 voice channels occupying baseband between 1 kHz and 164 kHz; M = 164,000 bandwith = 328,000 Hz = 328 kHz 328KA8E Double-sideband emission of VOR with voice (VOR = VHF omnidirectional radio range) B n = 2C max + 2M + 2DK, K = 1 (typically) The main carrier is modulated by: —a 30 Hz sub-carrier—a carrier resulting from a 9960 Hz tone frequency modulated by a 30 Hz tone—a telephone channel—a 1020 Hz keyed tone for continual Morse identification. C max = 9960, M = 30, D = 480 Hz, Bandwidth: 20,940 Hz = 20.94 kHz 20K9A9W Independent sidebands; several telegraph channels together with several telephone channels B n = sum of M for each sideband Normally composite systems are operated in accordance with standardized channel arrangements, (e.g. CCIR Rec. 348-2) 3 telephone channels and 15 telegraphy channels require the bandwidth 12,000 Hz = 12 kHz 12K0B9W III-A. FREQUENCY MODULATION 1. Signal With Quantized or Digital Information Telegraphy without error-correction (single channel) B n = 2M + 2DK, M = B ÷ 2, K = 1.2 (typically) B = 100, D = 85 Hz (170 Hz shift), Bandwidth: 304 Hz 304HF1B Four-frequency duplex telegraphy B n 2M + 2DK, B = Modulation rate in bands of the faster channel. If the channels are synchronized: M = B ÷ 2, otherwise M = 2B, K = 1.1 (typically) Spacing between adjacent frequencies = 400 Hz; Synchronized channels; B = 100, M = 50, D = 600 Hz, Bandwidth: 1420 Hz = 1.42 kHz 1K42F7B 2. Telephony (Commercial Quality) Commercial telephony B n = 2M + 2DK, K = 1 (typically, but under conditions a higher value may be necessary For an average case of commercial telephony, M = 3,000, Bandwidth: 16,000 Hz = 16 kHz 16K0F3E 3. Sound Broadcasting Sound broadcasting B n = 2M + 2DK, K = 1 (typically) Monaural, D = 75,000 Hz, M = 15,000, Bandwidth: 18,000 Hz = 180 kHz 180KF3E 4. Facsimile Facsimile by direct frequency modulation of the carrier; black and white B n = 2M + 2DK, M = N ÷ 2, K = 1.1 (typically) N = 1100 elements/sec; D = 400 Hz, Bandwidth: 1980 Hz = 1.98 kHZ 1K98F1C Analogue facsimile B n = 2M + 2DK, M = N ÷ 2, K = 1.1 (typically) N = 1100 elements/sec; D = 400 Hz, Bandwidth: 1980 Hz = 1.98 kHz 1K98F3C 5. Composite Emissions (See Table III-B) Radio-relay system, frequency division multiplex B n = 2P + 2DK, K = 1 Microwave radio relay system specifications: 60 telephone channels occupying baseband between 60 and 300 kHz; rms per-channel deviation 200 kHz; pilot at 331 kHz produces 200 kHz rms deviation of main carrier. Computation of B n :D = (200 × 10 3 3 × 3.76 × 1.19), Hz = 0.895 × 10 6 , P = 0.331 × 10 6 Hz; Bandwidth: 2.452 × 10 6 Hz 2M45F8E Radio-relay system frequency division multiple B n = 2M + 2DK, K = 1 Microwave radio relay relay systems specifications: 1200 telephone channels occupying baseband between 60 and 5564 kHz; rms per channel deviation 200 kHz; continunity pilot at 6199 kHz produces 140 kHz rms deviation of main carrier. Computation of B n :D = (20 0 × 10 3 × 3.76 × 3.63) = 2.73 × 10 6 ; M = 5.64 × 10 6 Hz; P = 6.2 × 10 6 Hz; (2M + 2DK<2P; Bandwidth 16.59 × 10 6 Hz 16M6F8E Radio-relay system, frequency division multiplex B n = 2P Microwave radio relay system specifications: Multiplex 600 telephone channels occupying baseband between 60 and 2540 kHz; continuity pilot at 8500 kHz produces 140 kHz rms deviation of main carrier. Computation of Bn:D = (200 × 10 3 × 3.76 × 2.565) = 1.93 × 10 6 Hz; M = 2.54 × 10 6 Hz; 2DK)≤2P Bandwidth: 17 × 10 6 Hz 17M0F8E Unmodulated pulse emission B n = 2K ÷ t, K depends upon the ratio of pulse rise time. Its value usually falls between 1 and 10 and in many cases it does not need to exceed 6 Primary Radar Range resolution: 150 m, K = 1.5 (triangular pulse where t≃t r , only components down to 27 dB from the strongest are considered) Then t = 2 × range resolution ÷ velocity of light = 2 × 150 ÷ 3 × 10 8 = 1 × 10 −6 seconds, Bandwidth: 3 × 10 6 Hz = 3 MHz 3M00P0N 6. Composite Emissions Radio-relay system B n = 2K ÷ t, K = 1.6 Pulse position modulated by 36 voice channel baseband; pulse width at half amplitude = 0.4 us, Bandwidth: 8 × 10 6 Hz = 8 MHz (Bandwidth independent of the number of voice channels) 8M00M7E Radio-relay system B n = 2K/t K = 1.6 Pulse position modulated by 36 voice channel baseband: pulse width at half amplitude 0.4 μS; B n = 8 × 10 6 Hz = 8 MHz (Bandwidth independent of the number of voice channels) 8M00M7E Composite transmission digital modulation using DSB-AM (Microwave radio relay system) B n = 2RK/log 2 S Digital modulation used to send 5 megabits per second by use of amplitude modulation of the main carrier with 4 signaling states R = 5 × 10 6 bits per second; K = 1; S = 4; B n = 5 MHz 5M00K7 Binary Frequency Shift Keying (0.03 <2D/R <1.0); B n = 3.86D + 0.27R (1.0 <2D/R <2) B n = 2.4D + 1.0R Digital modulation used to send 1 megabit per second by frequency shift keying with 2 signaling states and 0.75 MHz peak deviation of the carrier R = 1 × 10 6 bps; D = 0.75 × 10 6 Hz; B n = 2.8 MHz 2M80F1D Multilevel Frequency Shift Keying B n = (R/log 2 S) + 2DK Digital modulation to send 10 megabits per second by use of frequency shift keying with four signaling states and 2 MHz peak deviation of the main carrier R = 10 × 10 6 bps; D = 2 MHz; K = 1; S = 4; B n = 9 MHz 9M00F7D Phase Shift Keying B n = 2RK/log 2 S Digital modulation used to send 10 megabits per second by use of phase shift keying with 4 signaling states R = 10 × 10 6 bps; K = 1; S = 4; B n = 10 MHz 10M0G7D Quadrature Amplitude Modulation (QAM) B n = 2R/log 2 S 64 QAM used to send 135 Mbps has the same necessary bandwidth as 64-PSK used to send 135 Mbps; R = 135 × 10 6 bps; S = 64; B n = 45 MHz 45M0W Minimum Shift Keying 2-ary: B n = R(1.18) 4-ary: B n = R(2.34) Digital modulation used to send 2 megabits per second using 2-ary minimum shift keying R = 2.36 × 10 6 bps; B n = 2.36 MHz 2M36G1D [ 28 FR 12465 , Nov. 22, 1963, as amended at 37 FR 8883 , May 2, 1972; 37 FR 9996 , May 18, 1972; 48 FR 16492 , Apr. 18, 1983; 49 FR 48698 , Dec. 14, 1984; 68 FR 68543 , Dec. 9, 2003] Subpart D—Call Signs and Other Forms of Identifying Radio Transmissions Authority: Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082; 47 U.S.C. 154 , 155 , 303 . § 2.301 Station identification requirement. Each station using radio frequencies shall identify its transmissions according to the procedures prescribed by the rules governing the class of station to which it belongs with a view to the elimination of harmful interference and the general enforcement of applicable radio treaties, conventions, regulations, arrangements, and agreements in force, and the enforcement of the Communications Act of 1934, as amended, and the Commission's rules. [ 34 FR 5104 , Mar. 12, 1969] § 2.302 Call signs. The table which follows indicates the composition and blocks of international call signs available for assignment when such call signs are required by the rules pertaining to particular classes of stations. When stations operating in two or more classes are authorized to the same licensee for the same location, the Commission may elect to assign a separate call sign to each station in a different class. (In addition to the U.S. call sign allocations listed below, call sign blocks AAA through AEZ and ALA through ALZ have been assigned to the Department of the Army; call sign block AFA through AKZ has been assigned to the Department of the Air Force; and call sign block NAA through NZZ has been assigned jointly to the Department of the Navy and the U.S. Coast. Guard. Class of station Composition of call sign Call sign blocks Coast (Class I) except for coast telephone in Alaska 3 letters KAA through KZZ. WAA through WZZ. Coast (Classes II and III) and maritime radio-determination 3 letters, 3 digits KAA200 through KZZ999. WAA200 through WZZ999. Coast telephone in Alaska 3 letters, 2 digits 3 letters, 3 digits (for stations assigned frequencies above 30 MHz) KAA20 through KZZ99. WAA20 through WZZ99. WZZ200 through WZZ999. Fixed 3 letters, 2 digits 3 letters, 3 digits (for stations assigned frequencies above 30 MHz) KAA20 through KZZ99. WAA20 through WZZ99. WAA200 through WZZ999. Marine receiver test 3 letters, 3 digits (plus general geographic location when required) KAA200 through KZZ999. WAA200 through WZZ999. Ship telegraph 4 letters 1 KAAA through KZZZ. WAAA through WZZZ. Ship telephone 2 letters, 4 digits, or 3 letters, 4 digits 1 WA2000 through WZ9999, through WZZ9999. Ship telegraph plus telephone 4 letters KAAA through KZZZ. WAAA through WZZZ. Ship radar Same as ship telephone and/or telegraph call sign, or, if ship has no telephone or telegraph: 2 letters, 4 digits, or 3 letters, 4 digits WA2000 through WZ9999, through WZZ9999. Ship survival craft Call sign of the parent ship followed by 2 digits KAAA20 through KZZZ99. WAAA20 through WZZZ99. Cable-repair ship marker buoy Call sign of the parent ship followed by the letters “BT” and the identifying number of the buoy Marine utility 2 letters, 4 digits KA2000 through KZ9999. Shipyard mobile 2 letters, 4 digits KA2000 through KZ9999. Aircraft telegraph 5 letters KAAAA through KZZZZ. WAAAA through WZZZZ. Aircraft telegraph and telephone 5 letters 2 KAAAA through KZZZZ. WAAAA through WZZZZ. Aircraft telephone 5 letters 2 (whenever a call sign is assigned) KAAAA through KZZZZ. WAAAA through WZZZZ. Aircraft survival craft Whenever a call sign 2 is assigned, call sign of the parent aircraft followed by a single digit other than 0 or 1 Aeronautical 3 letters, 1 digit 2 KAA2 through KZZ9. WAA2 through WZZ9. Land mobile (base) 3 letters, 3 digits KAA200 through KZZ999. WAA200 through WZZ999 Land mobile (mobile telegraph) 4 letters, 1 digit KAAA2 through KZZZ9. WAAA2 through WZZZ9. Land mobile (mobile telephone) 2 letters, 4 digits KA2000 through KZ9999. WA2000 through WZ9999 Broadcasting (standard) 4 letters 3 (plus location of station) KAAA through KZZZ. WAAA through WZZZ. Broadcasting (FM) 4 letters (plus location of station) KAAA through KZZZ. WAAA through WZZZ. Broadcasting with suffix “FM” 6 letters 3 (plus location of station) KAAA-FM through KZZZ--FM. WAAA-FM through WZZZ-FM. Broadcasting (television) 4 letters (plus location of station) KAAA through KZZZ. WAAA through WZZZ. Broadcasting with suffix “TV” 6 letters 3 (plus location of station) KAAA-TV through KZZZ-TV. WAAA-TV through WZZ-TV. Television broadcast translator 1 letter—output channel number—2 letters K02AA through K83ZZ. W02AA through W83ZZ. Disaster station, except U.S. Government 4 letters, 1 digit KAAA2 through KZZZ9. WAAA2 through WZZZ9. Experimental (letter “X” follows the digit) 2 letters, 1 digit, 3 letters KA2XAA through KZ9XZZ. WA2XAA through WZ9XZZ. Amateur (letter “X” may not follow digit) 1 letter, 1 digit, 1 letter 4 K1A through K0Z. N1A through N0Z. W1A through W0Z. Amateur 1 letter, 1 digit, 2 letters 4 K1AA through K0ZZ. N1AA through N0ZZ. W1AA through W0ZZ. Do 1 letter, 1 digit, 3 letters 4 K1AAA through K0ZZZ. N1AAA through N0ZZZ. W1AAA through W0ZZZ. Do 2 letters, 1 digit, 1 letter 4 AA1A through AI0Z. KA1A through KZ0Z. NA1A through NZ0Z. WA1A through WZ0Z. Do 2 letters, 1 digit, 2 letters 4 AA1AA through AL0ZZ. KA1AA through KZ0ZZ. NA1AA through NZ0ZZ. WA1AA through WZ0ZZ. Amateur (letter “X” may not follow digit) 2 letters, 1 digit, 3 letters 4 AA1AAA through AL0ZZZ. KA1AAA through KZ0ZZZ. NA1AAA through NZ0ZZZ. WA1AAA through WZ0ZZZ. Standard frequency WWV, WWVB through WWVI, WWVL, WWVS. Personal radio 3 letters, 4 digits, or 4 letters, 4 digits. KAA0001 through KZZ9999, WAA0001 through WPZ9999, KAAA0001 through KZZZ9999. Personal radio, temporary permit 3 letters, 5 digits KAA00000 through KZZ99999. Personal radio in trust territories. 1 letter, 4 digits K0001 through K9999. Business radio temporary permit 2 letters, 7 digits WT plus local telephone number. Part 90 temporary permit 2 letters, 7 digits WT plus local telephone number. Part 90 conditional permit 2 letters, 7 digits WT plus local telephone number. General Mobile Radio Service, temporary permit 2 letters, 7 digits WT plus business or residence telephone number. Note: The symbol 0 indicates the digit zero. 1 Ships with transmitter-equipped survival craft shall be assigned four letter call signs. 2 See § 2.303 . 3 A 3 letter call sign now authorized for and in continuous use by a licensee of a standard broadcasting station may continue to be used by that station. The same exception applies also to frequency modulation and television broadcasting stations using 5 letter call signs consisting of 3 letters with the suffix “FM” or “TV”. 4 Plus other identifying data as may be specified. [ 34 FR 5104 , Mar. 12, 1969, as amended at 54 FR 50239 , Dec. 5, 1989] Editorial Note Editorial Note: For Federal Register citations affecting § 2.302 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 2.303 Other forms of identification of stations. ( a ) The following table indicates forms of identification which may be used in lieu of call signs by the specified classes of stations. Such recognized means of identification may be one or more of the following: name of station, location of station, operating agency, official registration mark, flight identification number, selective call number or signal, selective call identification number or signal, characteristic signal, characteristic of emission or other clearly distinguishing form of identification readily recognized internationally. Reference should be made to the appropriate part of the rules for complete information on identification procedures for each service. Class of station Identification, other than assigned call sign Aircraft (U.S. registry) telephone Registration number preceded by the type of the aircraft, or the radiotelephony designator of the aircraft operating agency followed by the flight identification number. Aircraft (foreign registry) telephone Foreign registry identification consisting of five characters. This may be preceded by the radiotelephony designator of the aircraft operating agency or it may be preceded by the type of the aircraft. Aeronautical Name of the city, area, or airdrome served together with such additional identification as may be required. Aircraft survival craft Appropriate reference to parent aircraft, e.g., the air carrier parent aircraft flight number or identification, the aircraft registration number, the name of the aircraft manufacturer, the name of the aircraft owner, or any other pertinent information. Ship telegraph When an official call sign is not yet assigned: Complete name of the ship and name of licensee. On 156.65 MHz: Name of ship. Digital selective call. Ship telegraph Digital selective call. Public coast (radiotelephone) and Limited Coast (Radiotelephone) The approximate geographic location in a format approved by the Commission. Coast station identification number. Public coast (radiotelegraph) Coast station identification number. Fixed Geographic location. When an approved method of superimposed identification is used, QTT DE (abbreviated name of company or station). Fixed: Rural subscriber service Assigned telephone number. Land mobile: Public safety, forestry conservation, highway maintenance, local government, shipyard, land transportation, and aviation services Name of station licensee (in abbreviated form if practicable), or location of station, or name of city, area, or facility served. Individual stations may be identified by additional digits following the more general identification. Land mobile: Industrial service Mobile unit cochannel with its base station: Unit identifier on file in the base station records. Mobile unit not cochannel with its base station: Unit identifier on file in the base station records and the assigned call sign of either the mobile or base station. Temporary base station: Unit designator in addition to base station identification. Land mobile: Domestic public and rural radio Special mobile unit designation assigned by licensee or by assigned telephone number. Land mobile: Railroad radio service Name of railroad, train number, caboose number, engine number, or name of fixed wayside station or such other number or name as may be specified for use of railroad employees to identify a specific fixed point or mobile unit. A railroad's abbreviated name or initial letters may be used where such are in general usage. Unit designators may be used in addition to the station identification to identify an individual unit or transmitter of a base station. Land mobile: Broadcasting (remote pickup) Identification of associated broadcasting station. Broadcasting (Emergency Broadcast System) State and operational area identification. Broadcasting (aural STL and intercity relay) Call sign of the broadcasting station with which it is associated. Broadcasting (television auxiliary) Call sign of the TV broadcasting station with which it is licensed as an auxiliary, or call sign of the TV broadcasting station whose signals are being relayed, or by network identification. Broadcasting (television booster). Retransmission of the call sign of the primary station. Disaster station By radiotelephony: Name, location, or other designation of station when same as that of an associated station in some other service. Two or more separate units of a station operated at different locations are separately identified by the addition of a unit name, number, or other designation at the end of its authorized means of identification. ( b ) Digital selective calls will be authorized by the Commission and will be formed by groups of numbers (0 through 9), however, the first digit must be other than 0, as follows: ( 1 ) Coast station identification number: 4 digits. ( 2 ) Ship station selective call number: 5 digits. ( 3 ) Predetermined group of ship stations: 5 digits. ( c ) Ship stations operating under a temporary operating authority shall identify by a call sign consisting of the letter “K” followed by the vessel's Federal or State registration number, or a call sign consisting of the letters “KUS” followed by the vessel's documentation number. However, if the vessel has no registration number or documentation number, the call sign shall consist of the name of the vessel and the name of the licensee as they appear on the station application form. [ 28 FR 12465 , Nov. 22, 1963, as amended at 40 FR 57675 , Dec. 11, 1975; 41 FR 44042 , Oct. 6, 1976; 42 FR 31008 , June 17, 1977; 44 FR 62284 , Oct. 30, 1979] Subpart E—Distress, Disaster, and Emergency Communications § 2.401 Distress messages. Each station licensee shall give absolute priority to radiocommunications or signals relating to ships or aircraft in distress; shall cease all sending on frequencies which will interfere with hearing a radiocommunication or signal of distress and except when engaged in answering or aiding the ship or aircraft in distress, shall refrain from sending any radiocommunications or signals until there is assurance that no interference will be caused with the radiocommunications or signals relating thereto; and shall assist the ship or aircraft in distress, so far as possible, by complying with its instructions. § 2.402 Control of distress traffic. The control of distress traffic is the responsibility of the mobile station in distress or of the mobile station which, by the application of the provisions of § 2.403 , has sent the distress call. These stations may, however, delegate the control of the distress traffic to another station. § 2.403 Retransmission of distress message. Any station which becomes aware that a mobile station is in distress may transmit the distress message in the following cases: ( a ) When the station in distress is not itself in a position to transmit the message. ( b ) In the case of mobile stations, when the master or the person in charge of the ship, aircraft, or other vehicles carrying the station which intervenes believes that further help is necessary. ( c ) In the case of other stations, when directed to do so by the station in control of distress traffic or when it has reason to believe that a distress call which it has intercepted has not been received by any station in a position to render aid. § 2.404 Resumption of operation after distress. No station having been notified to cease operation shall resume operation on frequency or frequencies which may cause interference until notified by the station issuing the original notice that the station involved will not interfere with distress traffic as it is then being routed or until the receipt of a general notice that the need for handling distress traffic no longer exists. § 2.405 Operation during emergency. The licensee of any station (except amateur, standard broadcast, FM broadcast, noncommercial educational FM broadcast, or television broadcast) may, during a period of emergency in which normal communication facilities are disrupted as a result of hurricane, flood, earthquake, or similar disaster, utilize such station for emergency communication service in communicating in a manner other than that specified in the instrument of authorization: Provided: ( a ) That as soon as possible after the beginning of such emergency use, notice be sent to the Public Safety and Homeland Security Bureau of the Commission at Washington, D.C., stating the nature of the emergency and the use to which the station is being put, and ( b ) That the emergency use of the station shall be discontinued as soon as substantially normal communication facilities are again available, and ( c ) That the Public Safety and Homeland Security Bureau of the Commission at Washington, D.C., shall be notified immediately when such special use of the station is terminated: Provided further, ( d ) That in no event shall any station engage in emergency transmission on frequencies other than, or with power in excess of, that specified in the instrument of authorization or as otherwise expressly provided by the Commission, or by law: And provided further, ( e ) That any such emergency communication undertaken under this section shall terminate upon order of the Commission. Note: Part 73 of this chapter contains provisions governing emergency operation of standard, FM, noncommercial educational FM, and television broadcast stations. Part 97 of this chapter contains such provisions for amateur stations. [ 28 FR 13785 , Dec. 18, 1963, as amended at 80 FR 53749 , Sept. 8, 2015] § 2.406 National defense; free service. Any common carrier subject to the Communications Act may render to any agency of the United States Government free service in connection with the preparation for the national defense. Every such carrier rendering any such free service shall make and file, in duplicate, with the Commission, on or before the 31st day of July and on or before the 31st day of January in each year, reports covering the periods of 6 months ending on the 30th day of June and the 31st day of December, respectively, next prior to said dates. These reports shall show the names of the agencies to which free service was rendered pursuant to this rule, the general character of the communications handled for each agency, and the charges in dollars which would have accrued to the carrier for such service rendered to each agency if charges for all such communications had been collected at the published tariff rates. § 2.407 National defense; emergency authorization. The Federal Communications Commission may authorize the licensee of any radio station during a period of national emergency to operate its facilities upon such frequencies, with such power and points of communication, and in such a manner beyond that specified in the station license as may be requested by the Army, Navy, or Air Force. Subparts F-G [Reserved] Subpart H—Prohibition Against Eavesdropping § 2.701 Prohibition against use of a radio device for eavesdropping. ( a ) No person shall use, either directly or indirectly, a device required to be licensed by section 301 of the Communications Act of 1934, as amended, for the purpose of overhearing or recording the private conversations of others unless such use is authorized by all of the parties engaging in the conversation. ( b ) Paragraph (a) of this section shall not apply to operations of any law enforcement officers conducted under lawful authority. [ 31 FR 3400 , Mar. 4, 1966] Subpart I—Marketing of Radio-frequency Devices Source: 35 FR 7898 , May 22, 1970, unless otherwise noted. § 2.801 Radiofrequency device defined. As used in this part, a radiofrequency device is any device which in its operation is capable of emitting radiofrequency energy by radiation, conduction, or other means. Radiofrequency devices include, but are not limited to: ( a ) The various types of radio communication transmitting devices described throughout this chapter. ( b ) The incidental, unintentional and intentional radiators defined in part 15 of this chapter . ( c ) The industrial, scientific, and medical equipment described in part 18 of this chapter . ( d ) Any part or component thereof which in use emits radiofrequency energy by radiation, conduction, or other means. [ 35 FR 7898 , May 22, 1970, as amended at 54 FR 17711 , Apr. 25, 1989] § 2.803 Marketing of radio frequency devices prior to equipment authorization. ( a ) Marketing, as used in this section, includes sale or lease, or offering for sale or lease, including advertising for sale or lease, or importation, shipment, or distribution for the purpose of selling or leasing or offering for sale or lease. ( b ) General rule. No person may market a radio frequency device unless: ( 1 ) For devices subject to authorization under certification, the device has been authorized in accordance with the rules in subpart J of this chapter and is properly identified and labeled as required by § 2.925 and other relevant sections in this chapter; or ( 2 ) For devices subject to authorization under Supplier's Declaration of Conformity in accordance with the rules in subpart J of this part , the device complies with all applicable technical, labeling, identification and administrative requirements; or ( 3 ) For devices that do not require a grant of equipment authorization under subpart J of this chapter but must comply with the specified technical standards prior to use, the device complies with all applicable, technical, labeling, identification and administrative requirements. ( c ) Exceptions. The following marketing activities are permitted prior to equipment authorization: ( 1 ) Activities conducted under market trials pursuant to subpart H of part 5 of this chapter or in accordance with a Spectrum Horizons experimental radio license issued pursuant to subpart I of part 5. ( 2 ) Limited marketing is permitted, as described in the following text, for devices that could be authorized under the current rules; could be authorized under waivers of such rules that are in effect at the time of marketing; or could be authorized under rules that have been adopted by the Commission but that have not yet become effective. These devices may not be operated unless permitted by § 2.805 . ( i ) Conditional sales contracts (including agreements to produce new devices manufactured in accordance with designated specifications), and advertisements for such sales, are permitted under the following conditions: ( A ) The initiating party must provide to the prospective buyer at the time of marketing, through a prominent disclosure: ( 1 ) Notification that the equipment is subject to the FCC rules and delivery to the end user is conditional upon successful completion of the applicable equipment authorization process; ( 2 ) Notification that FCC rules do not address the applicability of consumer protection, contractual, or other provisions under federal or state law; and ( 3 ) Notification of any responsibility of the initiating party to the buyer in the event that the applicable equipment authorization process is not successfully completed, including information regarding any applicable refund policy. ( B ) For devices subject to Supplier Declaration of Conformity procedures under subpart J of this chapter, physical transfer of equipment from the initiating party to other entities, including delivery to the end user, prior to successful completion of the equipment authorization process is prohibited. ( C ) For devices subject to Certification procedures under subpart J of this chapter, delivery to the end user prior to successful completion of the equipment authorization process is prohibited; transfer of physical possession of devices to other entities for the sole purpose of pre-sale activity is permitted only after compliance testing by an FCC-recognized accredited testing laboratory is completed and an application for Certification is submitted to an FCC-recognized Telecommunication Certification Body pursuant to § 2.911 . Pre-sale activity includes packaging and transferring physical possession of devices to distribution centers and retailers. Pre-sale activity does not include display or demonstration of devices. ( 1 ) Each device, or its packaging, physically transferred for the purpose of pre-sale activity must prominently display a visible temporary removable label stating: “This device cannot be delivered to end users, displayed, or operated until the device receives certification from the FCC. Under penalty of law, this label must not be removed prior to receiving an FCC certification grant.” ( 2 ) The first party to initiate a conditional sales contract under paragraph (c)(2)(i) of this section or to physically transfer devices must have processes in place to retrieve the equipment in the event that the equipment is not successfully certified and must complete such retrieval immediately after a determination is made that the equipment certification cannot be successfully completed. ( D ) Notwithstanding § 2.926 , radiofrequency devices marketed pursuant to paragraph (c)(2)(i) of this section may include the expected FCC ID if obscured by the temporary label described in paragraph (c)(2)(i)(C)( 1 ) of this section or, in the case of electronic labeling, if the expected FCC ID cannot be viewed prior to authorization. ( E ) All radiofrequency devices marketed under paragraph (c)(2)(i) of this section must remain under legal ownership of the first party to initiate a conditional sales contract. ( F ) The first party to initiate a conditional sales contract or any party that physically transfers devices under paragraph (c)(2)(i) of this section must maintain, for a period of sixty (60) months, records of each conditional sale contract. Such records must identify the device name and product identifier, the quantity conditionally sold, the date on which the device authorization was sought, the expected FCC ID number, and the identity of the conditional buyer, including contact information. The first party to initiate a conditional sales contract or any party that physically transfers devices under paragraph (c)(2)(i) of this section must provide these records upon the request of Commission personnel. ( ii ) [Reserved] ( iii ) ( A ) A radio frequency device may be advertised or displayed, (e.g., at a trade show or exhibition) if accompanied by a conspicuous notice containing this language: This device has not been authorized as required by the rules of the Federal Communications Commission. This device is not, and may not be, offered for sale or lease, or sold or leased, until authorization is obtained. ( B ) If the device being displayed is a prototype of a device that has been properly authorized and the prototype, itself, is not authorized due to differences between the prototype and the authorized device, this language may be used instead: Prototype. Not for Sale. ( iv ) An evaluation kit as defined in § 2.1 may be sold provided that: ( A ) Sales are limited to product developers, software developers, and system integrators; ( B ) The following notice is included with the kit: FCC NOTICE: This kit is designed to allow: ( 1 ) Product developers to evaluate electronic components, circuitry, or software associated with the kit to determine whether to incorporate such items in a finished product and ( 2 ) Software developers to write software applications for use with the end product. This kit is not a finished product and when assembled may not be resold or otherwise marketed unless all required FCC equipment authorizations are first obtained. Operation is subject to the condition that this product not cause harmful interference to licensed radio stations and that this product accept harmful interference. Unless the assembled kit is designed to operate under part 15 , part 18 or part 95 of this chapter , the operator of the kit must operate under the authority of an FCC license holder or must secure an experimental authorization under part 5 of this chapter . ( C ) The kit is labeled with the following legend: For evaluation only; not FCC approved for resale; and ( D ) Any radiofrequency transmitter employed as part of an evaluation kit shall be designed to comply with all applicable FCC technical rules, including frequency use, spurious and out-of-band emission limits, and maximum power or field strength ratings applicable to final products that would employ the components or circuitry to be evaluated. ( d ) Importation. The provisions of subpart K of this part continue to apply to imported radio frequency devices. [ 78 FR 25161 , Apr. 29, 2013, as amended at 79 FR 48691 , Aug. 18, 2014; 80 FR 52414 , Aug. 31, 2015; 82 FR 50825 , Nov. 2, 2017; 84 FR 25689 , June 4, 2019; 86 FR 52099 , Sept. 20, 2021; 87 FR 21580 , Apr. 12, 2022] § 2.805 Operation of radio frequency devices prior to equipment authorization. ( a ) General rule. A radio frequency device may not be operated prior to equipment authorization unless the conditions set forth in paragraphs (b), (c), (d) or (e), of this section are meet. Radio frequency devices operated under these provisions may not be marketed (as defined in § 2.803(a) ) except as provided elsewhere in this chapter. In addition, the provisions of subpart K continue to apply to imported radio frequency devices. ( b ) Operation of a radio frequency device prior to equipment authorization is permitted under the authority of an experimental radio service authorization issued under part 5 of this chapter . ( c ) Operation of a radio frequency device prior to equipment authorization is permitted for experimentation or compliance testing of a device that is fully contained within an anechoic chamber or a Faraday cage. ( d ) For devices designed to operate solely under parts 15 , 18 , or 95 of this chapter without a station license, operation of a radio frequency device prior to equipment authorization is permitted under the following conditions, so long as devices are either rendered inoperable or retrieved at the conclusion of such operation: ( 1 ) The radio frequency device shall be operated in compliance with existing Commission rules, waivers of such rules that are in effect at the time of operation, or rules that have been adopted by the Commission but that have not yet become effective; and ( 2 ) The radio frequency device shall be operated for at least one of these purposes: ( i ) Demonstrations at a trade show or an exhibition, provided a notice containing the wording specified in § 2.803(c)(2)(iii) is displayed in a conspicuous location on, or immediately adjacent to, the device; or all prospective buyers at the trade show or exhibition are advised in writing that the equipment is subject to the FCC rules and that the equipment will comply with the appropriate rules before delivery to the buyer or to centers of distribution; or ( ii ) Evaluation of performance and determination of customer acceptability, during developmental, design, or pre-production states. If the device is not operated at the manufacturer's facilities, it must be labeled with the wording specified in § 2.803(c)(2)(iii) , and in the case of an evaluation kit, the wording specified in § 2.803(c)(2)(iv)(C) . ( e ) Operation of a radio frequency device prior to equipment authorization is permitted under either paragraph (e)(1) or (e)(2) of this section so long as devices are either rendered inoperable or retrieved at the conclusion of such operation: ( 1 ) The radio frequency device shall be operated in compliance with existing Commission rules, waivers of such rules that are in effect at the time of operation, or rules that have been adopted by the Commission but that have not yet become effective; and ( i ) Under the authority of a service license (only in the bands for which that service licensee holds a license) provided that the licensee grants permission and the licensee continues to remain responsible for complying with all of the operating conditions and requirements associated with its license; or ( ii ) Under a grant of special temporary authorization. ( 2 ) The radio frequency device shall be operated at or below the maximum level specified in the table in § 15.209(a) of this chapter for at least one of these purposes: ( i ) Demonstrations at a trade show or an exhibition, provided a notice containing the wording specified in § 2.803(c)(2)(iii) is displayed in a conspicuous location on, or immediately adjacent to, the device; or all prospective buyers at the trade show or exhibition are advised in writing that the equipment is subject to the FCC rules and that the equipment will comply with the appropriate rules before delivery to the buyer or to centers of distribution; or ( ii ) Evaluation of performance and determination of customer acceptability, during developmental, design, or pre-production states. If the device is not operated at the manufacturer's facilities, it must be labeled with the wording specified in § 2.803(c)(2)(iii) , and in the case of an evaluation kit, the wording specified in § 2.803(c)(2)(iv)(C) . [ 78 FR 25162 , Apr. 29, 2013, as amended at 79 FR 48691 , Aug. 18, 2014] § 2.807 Statutory exceptions. As provided by Section 302(c) of the Communications Act of 1934, as amended, § 2.803 shall not be applicable to: ( a ) Carriers transporting radiofrequency devices without trading in them. ( b ) Radiofrequency devices manufactured solely for export. ( c ) The manufacture, assembly, or installation of radiofrequency devices for its own use by a public utility engaged in providing electric service: Provided, however, That no such device shall be operated if it causes harmful interference to radio communications. ( d ) Radiofrequency devices for use by the Government of the United States or any agency thereof: Provided, however, That this exception shall not be applicable to any device after it has been disposed of by such Government or agency. [ 35 FR 7898 , May 22, 1970, as amended at 62 FR 10470 , Mar. 7, 1997] § 2.811 Transmitters operated under part 73 of this chapter . Section 2.803(a) through (c) shall not be applicable to a transmitter operated in any of the Radio Broadcast Services regulated under part 73 of this chapter , provided the conditions set out in part 73 of this chapter for the acceptability of such transmitter for use under licensing are met. [ 78 FR 25162 , Apr. 29, 2013] § 2.813 Transmitters operated in the Instructional Television Fixed Service. Section 2.803 (a) through (d) shall not be applicable to a transmitter operated in the Instructional Television Fixed Service regulated under part 74 of this chapter , provided the conditions in § 74.952 of this chapter for the acceptability of such transmitter for licensing are met. [ 62 FR 10470 , Mar. 7, 1997] § 2.815 External radio frequency power amplifiers. ( a ) As used in this part, an external radio frequency power amplifier is any device which, ( 1 ) when used in conjunction with a radio transmitter as a signal source is capable of amplification of that signal, and ( 2 ) is not an integral part of a radio transmitter as manufactured. ( b ) No person shall manufacture, sell or lease, offer for sale or lease (including advertising for sale or lease) or import, ship or distribute for the purpose of selling or leasing or offering for sale or lease, any external radio frequency power amplifier capable of operation on any frequency or frequencies below 144 MHz unless the amplifier has received a grant of certification in accordance with subpart J of this part and other relevant parts of this chapter. These amplifiers shall comply with the following: ( 1 ) The external radio frequency power amplifier shall not be capable of amplification in the frequency band 26-28 MHz. ( 2 ) The amplifier shall not be capable of easy modification to permit its use as an amplifier in the frequency band 26-28 MHz. ( 3 ) No more than 10 external radio frequency power amplifiers may be constructed for evaluation purposes in preparation for the submission of an application for a grant of certification. ( 4 ) If the external radio frequency power amplifier is intended for operation in the Amateur Radio Service under part 97 of this chapter , the requirements of §§ 97.315 and 97.317 of this chapter shall be met. [ 40 FR 1246 , Jan. 7, 1975; 40 FR 6474 , Feb. 12, 1975, as amended at 43 FR 12687 , Mar. 27, 1978; 43 FR 33725 , Aug. 1, 1978; 46 FR 18981 , Mar. 27, 1981; 62 FR 10470 , Mar. 7, 1997; 71 FR 66461 , Nov. 15, 2006] Subpart J—Equipment Authorization Procedures Source: 39 FR 5919 , Feb. 15, 1974, unless otherwise noted. General Provisions § 2.901 Basis and purpose. ( a ) In order to carry out its responsibilities under the Communications Act and the various treaties and international regulations, and in order to promote efficient use of the radio spectrum, the Commission has developed technical standards and other requirements for radio frequency equipment and parts or components thereof. The technical standards applicable to individual types of equipment are found in that part of the rules governing the service wherein the equipment is to be operated. In addition to the technical standards provided, the rules governing the service may require that such equipment be authorized under Supplier's Declaration of Conformity or receive a grant of certification from a Telecommunication Certification Body. ( b ) Sections 2.906 through 2.1077 describe the procedure for a Supplier's Declaration of Conformity and the procedures to be followed in obtaining certification and the conditions attendant to such a grant. [ 82 FR 50825 , Nov. 2, 2017, as amended at 88 FR 7622 , Feb. 6, 2023] § 2.903 Prohibition on authorization of equipment on the Covered List. ( a ) All equipment on the Covered List, as established pursuant to § 1.50002 of this chapter , is prohibited from obtaining an equipment authorization under this subpart. This includes: ( 1 ) Equipment that would otherwise be subject to certification procedures; ( 2 ) Equipment that would otherwise be subject to Supplier's Declaration of Conformity procedures; and ( 3 ) Equipment that would otherwise be exempt from equipment authorization. ( b ) Each entity named on the Covered List as producing covered communications equipment, as established pursuant to § 1.50002 of this chapter , must provide to the Commission the following information: the full name, mailing address or physical address (if different from mailing address), email address, and telephone number of each of that named entity's associated entities ( e.g., subsidiaries or affiliates) identified on the Covered List as producing covered communications equipment. ( 1 ) Each entity named on the Covered List as producing covered communications equipment must provide the information described in paragraph (b) of this section no later than March 8, 2023; ( 2 ) Each entity named on the Covered List as producing covered communications equipment must provide the information described in paragraph (b) of this section no later than 30 days after the effective date of each updated Covered List; and ( 3 ) Each entity named on the Covered List as producing covered communications equipment must notify the Commission of any changes to the information described in paragraph (b) of this section no later than 30 days after such change occurs. ( c ) For purposes of implementing this subpart with regard to the prohibition on authorization of communications equipment on the Covered List, the following definitions apply: Affiliate. The term “affiliate” means an entity that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another entity; for purposes of this paragraph, the term `own' means to have, possess, or otherwise control an equity interest (or the equivalent thereof) of more than 10 percent. Subsidiary. The term “subsidiary” means any entity in which another entity directly or indirectly: ( i ) Holds de facto control; or ( ii ) Owns or controls more than 50 percent of the outstanding voting stock. ( d ) The Commission delegates authority to the Office of Engineering and Technology and the Public Safety and Homeland Security Bureau to develop and provide additional clarifications as appropriate regarding implementation of the prohibition on authorization of covered communications equipment. The Office of Engineering and Technology and Public Safety and Homeland Security Bureau will issue through Public Notice, and publish on the Commission's website, the Commission's relevant guidance on covered communications equipment, as well as further clarifications, and will update and maintain this information as appropriate. [ 88 FR 7623 , Feb. 6, 2023] § 2.906 Supplier's Declaration of Conformity. ( a ) Supplier's Declaration of Conformity (SDoC) is a procedure where the responsible party, as defined in § 2.909 , makes measurements or completes other procedures found acceptable to the Commission to ensure that the equipment complies with the appropriate technical standards and other applicable requirements. Submittal to the Commission of a sample unit or representative data demonstrating compliance is not required unless specifically requested pursuant to § 2.945 . ( b ) Supplier's Declaration of Conformity is applicable to all items subsequently marketed by the manufacturer, importer, or the responsible party that are identical, as defined in § 2.908 , to the sample tested and found acceptable by the manufacturer. ( c ) The responsible party may, if it desires, apply for Certification of a device subject to the Supplier's Declaration of Conformity. In such cases, all rules governing certification will apply to that device. ( d ) Notwithstanding other parts of this section, equipment otherwise subject to the Supplier's Declaration of Conformity process that is produced by any entity identified on the Covered List, established pursuant to § 1.50002 of this chapter , as producing covered communications equipment is prohibited from obtaining equipment authorization through that process. The rules governing certification apply to authorization of such equipment. [ 82 FR 50825 , Nov. 2, 2017, as amended at 88 FR 7623 , Feb. 6, 2023] § 2.907 Certification. ( a ) Certification is an equipment authorization approved by the Commission or issued by a Telecommunication Certification Body (TCB) and authorized under the authority of the Commission, based on representations and test data submitted by the applicant. ( b ) Certification attaches to all units subsequently marketed by the grantee which are identical (see § 2.908 ) to the sample tested except for permissive changes or other variations authorized by the Commission pursuant to § 2.1043 . ( b ) [Reserved] ( c ) Any equipment otherwise eligible for authorization pursuant to the Supplier's Declaration of Conformity, or exempt from equipment authorization, produced by any entity identified on the Covered List, established pursuant to § 1.50002 of this chapter , as producing covered communications equipment must obtain equipment authorization through the certification process. [ 39 FR 5919 , Feb. 15, 1974, as amended at 39 FR 27802 , Aug. 1, 1974; 63 FR 36597 , July 7, 1998; 80 FR 33439 , June 12, 2015; 88 FR 7623 , Feb. 6, 2023] § 2.908 Identical defined. As used in this subpart, the term identical means identical within the variation that can be expected to arise as a result of quantity production techniques. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154 , 303 , 307 ) [ 46 FR 23249 , Apr. 24, 1981] § 2.909 Responsible party. ( a ) In the case of equipment that requires the issuance of a grant of certification, the party to whom that grant of certification is issued is responsible for the compliance of the equipment with the applicable technical and other requirements. If any party other than the grantee modifies the radio frequency equipment and that party is not working under the authorization of the grantee pursuant to § 2.929(b) , the party performing the modification is responsible for compliance of the product with the applicable administrative and technical provisions in this chapter. ( b ) For equipment subject to Supplier's Declaration of Conformity the party responsible for the compliance of the equipment with the applicable standards, who must be located in the United States (see § 2.1077 ), is set forth as follows: ( 1 ) The manufacturer or, if the equipment is assembled from individual component parts and the resulting system is subject to authorization under Supplier's Declaration of Conformity, the assembler. ( 2 ) If the equipment by itself, or, a system is assembled from individual parts and the resulting system is subject to Supplier's Declaration of Conformity and that equipment or system is imported, the importer. ( 3 ) Retailers or original equipment manufacturers may enter into an agreement with the responsible party designated in paragraph (b)(1) or (b)(2) of this section to assume the responsibilities to ensure compliance of equipment and become the new responsible party. ( 4 ) If the radio frequency equipment is modified by any party not working under the authority of the responsible party, the party performing the modifications, if located within the U.S., or the importer, if the equipment is imported subsequent to the modifications, becomes the new responsible party. ( c ) If the end product or equipment is subject to both certification and Supplier's Declaration of Conformity ( i.e., composite system), all the requirements of paragraphs (a) and (b) of this section apply. ( d ) If, because of modifications performed subsequent to authorization, a new party becomes responsible for ensuring that a product complies with the technical standards and the new party does not obtain a new equipment authorization, the equipment shall be labeled, following the specifications in § 2.925(d) , with the following: “This product has been modified by [insert name, address and telephone number or internet contact information of the party performing the modifications].” ( e ) In the case of transfer of control of equipment, as in the case of sale or merger of the responsible party, the new entity shall bear the responsibility of continued compliance of the equipment. [ 82 FR 50825 , Nov. 2, 2017, as amended at 88 FR 7623 , Feb. 6, 2023] § 2.910 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . To enforce any edition other than that specified in this section, the Federal Communications Commission (FCC) must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the FCC and at the National Archives and Records Administration (NARA). Contact the FCC at the address indicated in 47 CFR 0.401(a) , phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the following source(s): ( a ) International Electrotechnical Commission (IEC), IEC Central Office, 3, rue de Varembe, CH-1211 Geneva 20, Switzerland; email: inmail@iec.ch ; website: www.iec.ch . ( 1 ) CISPR 16-1-4:2010-04, Specification for radio disturbance and immunity measuring apparatus and methods—Part 1-4: Radio disturbance and immunity measuring apparatus—Antennas and test sites for radiated disturbance measurements, Edition 3.0, 2010-04; IBR approved for § 2.948(d) . ( 2 ) [Reserved] ( b ) Institute of Electrical and Electronic Engineers (IEEE), 3916 Ranchero Drive, Ann Arbor, MI 48108; phone: (800) 678-4333; email: stds-info@ieee.org ; website: www.ieee.org/ . ( 1 ) ANSI C63.4-2014, American National Standard for Methods of Measurement of Radio-Noise Emissions from Low-Voltage Electrical and Electronic Equipment in the Range of 9 kHz to 40 GHz, ANSI-approved June 13, 2014, Sections 5.4.4 (“Radiated emission test facilities—Site validation”) through 5.5 (“Radiated emission test facilities for frequencies above 1 GHz (1 GHz to 40 GHz)”), copyright 2014; IBR approved for § 2.948(d) . ( 2 ) ANSI C63.4a-2017, American National Standard for Methods of Measurement of Radio-Noise Emissions from Low-Voltage Electrical and Electronic Equipment in the Range of 9 kHz to 40 GHz, Amendment 1: Test Site Validation, ANSI-approved September 15, 2017; IBR approved for § 2.948(d) . ( 3 ) ANSI C63.25.1-2018, American National Standard Validation Methods for Radiated Emission Test Sites, 1 GHz to 18 GHz, ANSI-approved December 17, 2018; IBR approved for § 2.948(d) . ( 4 ) ANSI C63.26-2015, American National Standard of Procedures for Compliance Testing of Transmitters Used in Licensed Radio Services, ANSI-approved December 11, 2015; IBR approved for § 2.1041(b) . ( c ) International Organization for Standardization (ISO), Ch. de Blandonnet 8, CP 401, CH-1214 Vernier, Geneva, Switzerland; phone: + 41 22 749 01 11; fax: + 41 22 749 09 47; email: central@iso.org ; website: www.iso.org . ( 1 ) ISO/IEC 17011:2004(E), Conformity assessment—General requirements for accreditation bodies accrediting conformity assessment bodies, First Edition, 2004-09-01; IBR approved for §§ 2.948(e) ; 2.949(b) ; 2.960(c) . ( 2 ) ISO/IEC 17025:2005(E), General requirements for the competence of testing and calibration laboratories, Second Edition, 2005-05-15; IBR approved for §§ 2.948(e) ; 2.949(b) ; 2.950(a) ; 2.962(c) and (d) . ( 3 ) ISO/IEC 17025:2017(E), General requirements for the competence of testing and calibration laboratories, Third Edition, November 2017; IBR approved for §§ 2.948(e) ; 2.949(b) ; 2.950(a) ; 2.962(c) and (d) . ( 4 ) ISO/IEC 17065:2012(E), Conformity assessment—Requirements for bodies certifying products, processes and services, First Edition, 2012-09-15; IBR approved for §§ 2.960(b) ; 2.962(b) , (c) , (d) , (f) , and (g) . Note 1 to § 2.910 : The standards listed in paragraphs (b) and (c) of this section are also available from the American National Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036; phone (212) 642-4980; email info@ansi.org ; website: https://webstore.ansi.org/ . [ 88 FR 67114 , Sept. 29, 2023] Application Procedures for Equipment Authorizations § 2.911 Application requirements. ( a ) All requests for equipment authorization shall be submitted in writing to a Telecommunication Certification Body (TCB) in a manner prescribed by the TCB. ( b ) A TCB shall submit an electronic copy of each equipment authorization application to the Commission pursuant to § 2.962(f)(8) on a form prescribed by the Commission at https://www.fcc.gov/eas . ( c ) Each application that a TCB submits to the Commission shall be accompanied by all information required by this subpart and by those parts of the rules governing operation of the equipment, the applicant's certifications required by paragraphs (d)(1) and (2) of this section, and by requisite test data, diagrams, photographs, etc., as specified in this subpart and in those sections of rules under which the equipment is to be operated. ( d ) The applicant shall provide to the TCB all information that the TCB requests to process the equipment authorization request and to submit the application form prescribed by the Commission and all exhibits required with this form. ( 1 ) The applicant shall provide a written and signed certification to the TCB that all statements it makes in its request for equipment authorization are true and correct to the best of its knowledge and belief. ( 2 ) The applicant shall provide a written and signed certification to the TCB that the applicant complies with the requirements in § 1.2002 of this chapter concerning the Anti-Drug Abuse Act of 1988. ( 3 ) Each request for equipment authorization submitted to a TCB, including amendments thereto, and related statements of fact and authorizations required by the Commission, shall be signed by the applicant if the applicant is an individual; by one of the partners if the applicant is a partnership; by an officer, if the applicant is a corporation; or by a member who is an officer, if the applicant is an unincorporated association: Provided, however, that the application may be signed by the applicant's authorized representative who shall indicate his title, such as plant manager, project engineer, etc. ( 4 ) Information on the Commission's equipment authorization requirements can be obtained from the Internet at https://www.fcc.gov/eas . ( 5 ) The applicant shall provide a written and signed certification that, as of the date of the filing of the application with a TCB: ( i ) The equipment for which the applicant seeks equipment authorization through certification is not prohibited from receiving an equipment authorization pursuant to § 2.903 ; and ( ii ) An affirmative or negative statement as to whether the applicant is identified on the Covered List, established pursuant to § 1.50002 of this chapter , as an entity producing covered communications equipment. ( 6 ) If the Covered List established pursuant to § 1.50002 of this chapter is modified after the date of the written and signed certification required by paragraph (d)(5) of this section but prior to grant of the authorization, then the applicant shall provide a new written and signed certification as required by paragraph (d)(5) of this section. ( 7 ) The applicant shall designate an agent located in the United States for the purpose of accepting service of process on behalf of the applicant. ( i ) The applicant shall provide a written certification: ( A ) Signed by both the applicant and its designated agent for service of process, if different from the applicant; ( B ) Acknowledging the applicant's consent and the designated agent's obligation to accept service of process in the United States for matters related to the applicable equipment, and at the physical U.S. address and email address of its designated agent; and ( C ) Acknowledging the applicant's acceptance of its obligation to maintain an agent for service of process in the United States for no less than one year after either the grantee has permanently terminated all marketing and importation of the applicable equipment within the U.S., or the conclusion of any Commission-related administrative or judicial proceeding involving the equipment, whichever is later. ( ii ) An applicant located in the United States may designate itself as the agent for service of process. ( e ) Technical test data submitted to the TCB and to the Commission shall be signed by the person who performed or supervised the tests. The person signing the test data shall attest to the accuracy of such data. The Commission or TCB may require the person signing the test data to submit a statement showing that they are qualified to make or supervise the required measurements. ( f ) Signed, as used in this section, means an original handwritten signature; however, the Office of Engineering and Technology may allow signature by any symbol executed or adopted by the applicant or TCB with the intent that such symbol be a signature, including symbols formed by computer-generated electronic impulses. [ 80 FR 33440 , June 12, 2015, as amended at 88 FR 7623 , Feb. 6, 2023] § 2.915 Grant of application. ( a ) A Commission recognized TCB will grant an application for certification if it finds from an examination of the application and supporting data, or other matter which it may officially notice, that: ( 1 ) The equipment is capable of complying with pertinent technical standards of the rule part(s) under which it is to be operated as well as other applicable requirements; and ( 2 ) A grant of the application would serve the public interest, convenience and necessity. ( b ) Grants will be made in writing showing the effective date of the grant and any special condition(s) attaching to the grant. ( c ) Certification shall not attach to any equipment, nor shall any equipment authorization be deemed effective, until the application has been granted. ( d ) Grants will be from the date of publication on the Commission Web site and shall show any special condition(s) attaching to the grant. The official copy of the grant shall be maintained on the Commission Web site. ( e ) The grant shall identify the approving TCB and the Commission as the issuing authority. ( f ) In cases of a dispute the Commission will be the final arbiter. [ 39 FR 5919 , Feb. 15, 1974, as amended at 48 FR 3621 , Jan. 26, 1983; 62 FR 10470 , Mar. 7, 1997; 63 FR 36598 , July 7, 1998; 80 FR 33440 , June 12, 2015; 88 FR 7624 , Feb. 6, 2023] § 2.917 Dismissal of application. ( a ) An application which is not in accordance with the provisions of this subpart may be dismissed. ( b ) Any application, upon written request signed by the applicant or his attorney, may be dismissed prior to a determination granting or denying the authorization requested. ( c ) If an applicant is requested to file additional documents or information and fails to submit the requested material within the specified time period, the application may be dismissed. [ 39 FR 5919 , Feb. 15, 1974, as amended at 62 FR 10470 , Mar. 7, 1997; 80 FR 33441 , June 12, 2015] § 2.919 Denial of application. If the Commission is unable to make the findings specified in § 2.915(a) , it will deny the application. Notification to the applicant will include a statement of the reasons for the denial. § 2.921 Hearing on application. Whenever it is determined that an application for equipment authorization presents substantial factual questions relating to the qualifications of the applicant or the equipment (or the effects of the use thereof), the Commission may designate the application for hearing. A hearing on an application for an equipment authorization shall be conducted in the same manner as a hearing on a radio station application as set out in subpart B of part 1 of this chapter . § 2.923 Petition for reconsideration; application for review. Persons aggrieved by virtue of an equipment authorization action may file with the Commission a petition for reconsideration or an application for review. Rules governing the filing of petitions for reconsideration and applications for review are set forth in §§ 1.106 and 1.115 , respectively, of this chapter. § 2.924 Marketing of electrically identical equipment having multiple trade names and models or type numbers under the same FCC Identifier. The grantee of an equipment authorization may market devices having different model/type numbers or trade names without additional authorization, provided that such devices are electrically identical and the equipment bears an FCC Identifier validated by a grant of certification. A device will be considered to be electrically identical if no changes are made to the authorized device, or if the changes made to the device would be treated as class I permissive changes within the scope of § 2.1043(b)(1) . Changes to the model number or trade name by anyone other than the grantee, or under the authorization of the grantee, shall be performed following the procedures in § 2.933 . [ 80 FR 33441 , June 12, 2015] § 2.925 Identification of equipment. ( a ) Each equipment covered in an application for equipment authorization shall bear a label listing the following: ( 1 ) FCC Identifier consisting of the two elements in the exact order specified in § 2.926 . The FCC Identifier shall be preceded by the term FCC ID in capital letters on a single line, and shall be of a type size large enough to be legible without the aid of magnification. ( 2 ) Any other statements or labeling requirements imposed by the rules governing the operation of the specific class of equipment, except that such statement(s) of compliance may appear on a separate label at the option of the applicant/grantee. ( 3 ) The information required may be provided electronically pursuant to § 2.935 . ( b ) Any device subject to more than one equipment authorization procedure may be assigned a single FCC Identifier. However, a single FCC Identifier is required to be assigned to any device consisting of two or more sections assembled in a common enclosure, on a common chassis or circuit board, and with common frequency controlling circuits. Devices to which a single FCC Identifier has been assigned shall be identified pursuant to paragraph (a) of this section. ( 1 ) Separate FCC Identifiers may be assigned to a device consisting of two or more sections assembled in a common enclosure, but constructed on separate sub-units or circuit boards with independent frequency controlling circuits. The FCC Identifier assigned to any transmitter section shall be preceded by the term TX FCC ID, the FCC Identifier assigned to any receiver section shall be preceded by the term RX FCC ID and the identifier assigned to any remaining section(s) shall be preceded by the term FCC ID. ( 2 ) Where terminal equipment subject to part 68 of this chapter , and a radiofrequency device subject to equipment authorization requirements are assembled in a common enclosure, the device shall be labeled in accordance with the Hearing Aid Compatibility-related requirements in part 68 of this chapter and the requirements published by the Administrative Council for Terminal Attachments, and shall also display the FCC Identifier in the format specified in paragraph (a) of this section. ( 3 ) For a transceiver, the receiver portion of which is subject to Supplier's Declaration of Conformity pursuant to § 15.101 of this chapter , and the transmitter portion is subject to certification, the FCC Identifier required for the transmitter portion shall be preceded by the term FCC ID. ( c ) [Reserved] ( d ) In order to validate the grant of equipment authorization, the nameplate or label shall be permanently affixed to the equipment and shall be readily visible to the purchaser at the time of purchase. ( 1 ) As used here, permanently affixed means that the required nameplate data is etched, engraved, stamped, indelibly printed, or otherwise permanently marked on a permanently attached part of the equipment enclosure. Alternatively, the required information may be permanently marked on a nameplate of metal, plastic, or other material fastened to the equipment enclosure by welding, riveting, etc., or with a permanent adhesive. Such a nameplate must be able to last the expected lifetime of the equipment in the environment in which the equipment will be operated and must not be readily detachable. ( 2 ) As used here, readily visible means that the nameplate or nameplate data must be visible from the outside of the equipment enclosure. It is preferable that it be visible at all times during normal installation or use, but this is not a prerequisite for grant of equipment authorization. ( e ) A software defined radio may be equipped with a means such as a user display screen to display the FCC identification number normally contained in the nameplate or label. The information must be readily accessible, and the user manual must describe how to access the electronic display. ( f ) The FCC Identifier including the term “ FCC ID” shall be in a size of type large enough to be readily legible, consistent with the dimensions of the equipment and its label. However, the type size for the FCC Identifier is not required to be larger than eight-point. If a device is so small that it is impractical to label it with the FCC Identifier in a font that is four-point or larger, and the device does not have a display that can show electronic labeling, then the FCC Identifier shall be placed in the user manual and must also either be placed on the device packaging or on a removable label attached to the device. Note to paragraph ( f ): As an example, a device intended to be implanted within the body of a test animal or person would probably require an alternate method of identification. [ 44 FR 17177 , Mar. 21, 1979, as amended at 44 FR 55574 , Sept. 27, 1979; 46 FR 21013 , Apr. 8, 1981; 52 FR 21687 , June 9, 1987; 54 FR 1698 , Jan. 17, 1989; 62 FR 10470 , Mar. 7, 1997; 66 FR 50840 , Oct. 5, 2001; 77 FR 43536 , July 25, 2012; 80 FR 33441 , June 12, 2015; 82 FR 50826 , Nov. 2, 2017] § 2.926 FCC identifier. ( a ) A grant of certification will list the validated FCC Identifier consisting of the grantee code assigned by the FCC pursuant to paragraph (b) of this section, and the equipment product code assigned by the grantee pursuant to paragraph (c) of this section. See § 2.925 . ( b ) The grantee code assigned pursuant to paragraph (c) of this section is assigned permanently to applicants/grantees and is valid only for the party specified as the applicant/grantee in the code assignment(s). ( c ) A grantee code may consist of Arabic numerals, capital letters, or other characters. The format for this code will be specified by the Commission's Office of Engineering and Technology. A prospective grantee or its authorized representative may receive a grantee code electronically via the Internet at http://www.fcc.gov/eas . The code may be obtained at any time prior to submittal of the application for equipment authorization. However, the fee required by § 1.1103 of this chapter must be submitted and validated within 30 days of the issuance of the grantee code, or the code will be removed from the Commission's records and a new grantee code will have to be obtained. ( 1 ) After assignment of a grantee code each grantee will continue to use the same grantee code for subsequent equipment authorization applications. In the event the grantee name is changed or ownership is transferred, the circumstances shall be reported to the Commission so that a new grantee code can be assigned, if appropriate. See § 2.929(c) and (d) for additional information. In the event the grantee name is changed or ownership is transferred, the circumstances shall be reported to the Commission so that a new grantee code can be assigned, if appropriate. See §§ 2.934 and 2.935 for additional information. ( 2 ) [Reserved] ( d ) The equipment product code assigned by the grantee shall consist of a series of Arabic numerals, capital letters or a combination thereof, and may include the dash or hyphen (-). The total of Arabic numerals, capital letters and dashes or hyphens shall not exceed 14 and shall be one which has not been previously used in conjunction with: ( 1 ) The same grantee code, or ( 2 ) An application denied pursuant to § 2.919 of this chapter . ( e ) No FCC Identifier may be used on equipment to be marketed unless that specific identifier has been validated by a grant of equipment certification. This shall not prohibit placement of an FCC identifier on a transceiver which includes a receiver subject to Suppliers Declaration of Conformity pursuant to § 15.101 of this chapter , provided that the transmitter portion of such transceiver is covered by a valid grant of certification. The FCC Identifier is uniquely assigned to the grantee and may not be placed on the equipment without authorization by the grantee. See § 2.803 for conditions applicable to the display at trade shows of equipment which has not been granted equipment authorization where such grant is required prior to marketing. Labeling of such equipment may include model or type numbers, but shall not include a purported FCC Identifier. [ 44 FR 17179 , Mar. 21, 1979, as amended at 46 FR 21014 , Apr. 8, 1981; 52 FR 21687 , June 9, 1987; 54 FR 1698 , Jan. 17, 1989; 62 FR 10471 , Mar. 7, 1997; 69 FR 54033 , Sept. 7, 2004; 77 FR 43536 , July 25, 2012; 80 FR 33441 , June 12, 2015; 82 FR 50826 , Nov. 2, 2017] Conditions Attendant to an Equipment Authorization § 2.927 Limitations on grants. ( a ) A grant of certification is valid only when the device is labeled in accordance with § 2.925 and remains effective until set aside, revoked or withdrawn, rescinded, surrendered, or a termination date is otherwise established by the Commission. ( b ) A grant of certification recognizes the determination that the equipment has been shown to be capable of compliance with the applicable technical standards if no unauthorized change is made in the equipment and if the equipment is properly maintained and operated. The issuance of a grant of equipment certification shall not be construed as a finding with respect to matters not encompassed by the Commission's rules, especially with respect to compliance with 18 U.S.C. 2512 . ( c ) No person shall, in any advertising matter, brochure, etc., use or make reference to an equipment authorization in a deceptive or misleading manner or convey the impression that such certification reflects more than a Commission-authorized determination that the device or product has been shown to be capable of compliance with the applicable technical standards of the Commission's rules. [ 80 FR 33441 , June 12, 2015, as amended at 82 FR 50826 , Nov. 2, 2017] § 2.929 Changes in name, address, ownership or control of grantee. ( a ) An equipment authorization may not be assigned, exchanged or in any other way transferred to a second party, except as provided in this section. ( b ) The grantee of an equipment authorization may license or otherwise authorize a second party to manufacture the equipment covered by the grant of the equipment authorization provided: ( 1 ) The equipment manufactured by such second party bears the FCC Identifier as is set out in the grant of the equipment authorization. Note to paragraph ( b )(1): Any change in the FCC Identifier desired as a result of such production or marketing agreement will require the filing of a new application for an equipment authorization as specified in § 2.933 . ( 2 ) The grantee of the equipment authorization shall continue to be responsible to the Commission for the equipment produced pursuant to such an agreement. ( 3 ) Such second party must not be an entity identified on the Covered List established pursuant to § 1.50002 of this chapter . ( c ) Whenever there is a change in the name and/or address of the grantee of certification, or a change in the name, mailing address or physical address (if different from mailing address), email address, or telephone number of the designated agent for service of process in the United States, notice of such change(s) shall be submitted to the Commission via the internet at https://www.fcc.gov/eas within 30 days after the beginning use of the new name, mailing address or physical address (if different from mailing address), email address, or telephone number and include: ( 1 ) A written and signed certification that, as of the date of the filing of the notice, the equipment to which the change applies is not prohibited from receiving an equipment authorization pursuant to § 2.903 ; ( 2 ) An affirmative or negative statement as to whether the applicant is identified on the Covered List, established pursuant to § 1.50002 of this chapter , as an entity producing covered communications equipment; and ( 3 ) The written and signed certifications required under § 2.911(d)(7) . ( d ) In the case of transactions affecting the grantee, such as a transfer of control or sale to another company, mergers, or transfer of manufacturing rights, notice must be given to the Commission via the internet at https://apps.fcc.gov/eas within 60 days after the consummation of the transaction. ( 1 ) The notice described in the introductory text to this paragraph (d) must include: ( i ) A written and signed certification that, as of the date of the filing of the notice, the equipment to which the change applies is not prohibited from receiving an equipment authorization pursuant to § 2.903 ; ( ii ) An affirmative or negative statement as to whether the applicant is identified on the Covered List, established pursuant to § 1.50002 of this chapter , as an entity producing covered communications equipment; and ( iii ) The written and signed certifications required under § 2.911(d)(7) . ( 2 ) Depending on the circumstances in each case, the Commission may require new applications for certification. In reaching a decision, the Commission will consider whether the acquiring party can adequately ensure and accept responsibility for continued compliance with the regulations. In general, new applications for each device will not be required. A single application for certification may be filed covering all the affected equipment. [ 63 FR 36598 , July 7, 1998, as amended at 69 FR 54033 , Sept. 7, 2004; 80 FR 33441 , June 12, 2015; 88 FR 7624 , Feb. 6, 2023; 88 FR 24493 , Apr. 21, 2023] § 2.931 Responsibilities. ( a ) The responsible party warrants that each unit of equipment marketed under its grant of certification and bearing the identification specified in the grant will conform to the unit that was measured and that the data (design and rated operational characteristics) filed with the application for certification continues to be representative of the equipment being produced under such grant within the variation that can be expected due to quantity production and testing on a statistical basis. ( b ) - ( c ) [Reserved] ( d ) In determining compliance for devices subject to Supplier's Declaration of Conformity, the responsible party warrants that each unit of equipment marketed under Supplier's Declaration of Conformity will be identical to the unit tested and found acceptable with the standards and that the records maintained by the responsible party continue to reflect the equipment being produced under such Supplier's Declaration of Conformity within the variation that can be expected due to quantity production and testing on a statistical basis. ( e ) For equipment subject to Supplier's Declaration of Conformity, the responsible party must reevaluate the equipment if any modification or change adversely affects the emanation characteristics of the modified equipment. The responsible party bears responsibility for continued compliance of subsequently produced equipment. [ 82 FR 50826 , Nov. 2, 2017] § 2.932 Modification of equipment. ( a ) A new application for an equipment authorization shall be filed whenever there is a change in the design, circuitry or construction of an equipment or device for which an equipment authorization has been issued, except as provided in paragraphs (b) through (d) of this section. ( b ) Permissive changes may be made in certificated equipment, and equipment that was authorized under the former type acceptance procedure, pursuant to § 2.1043 . ( c ) Permissive changes may be made in equipment that was authorized under the former notification procedure without submittal of information to the Commission, unless the equipment is currently subject to authorization under the certification procedure. However, the grantee shall submit information documenting continued compliance with the pertinent requirements upon request. ( d ) All requests for permissive changes must be accompanied by the anti-drug abuse certification required under § 1.2002 of this chapter . ( e ) All requests for permissive changes shall be accompanied by: ( 1 ) A written and signed certification that, as of the date of the filing of the request for permissive change, the equipment to which the change applies is not prohibited from receiving an equipment authorization pursuant to § 2.903 ; ( 2 ) An affirmative or negative statement as to whether the applicant is identified on the Covered List, established pursuant to § 1.50002 of this chapter , as an entity producing covered communications equipment; and ( 3 ) The written and signed certifications required under § 2.911(d)(7) . [ 63 FR 36598 , July 7, 1998, as amended at 66 FR 50840 , Oct. 5, 2001; 70 FR 23039 , May 4, 2005; 80 FR 33441 , June 12, 2015; 88 FR 7624 , Feb. 6, 2023] § 2.933 Change in identification of equipment. ( a ) A new application for certification shall be filed whenever there is a change in the FCC Identifier for the equipment with or without a change in design, circuitry or construction. However, a change in the model/type number or trade name performed in accordance with the provisions in § 2.924 of this chapter is not considered to be a change in identification and does not require additional authorization. ( b ) An application filed pursuant to paragraph (a) of this section where no change in design, circuitry or construction is involved, need not be accompanied by a resubmission of equipment or measurement or test data customarily required with a new application, unless specifically requested. In lieu thereof, the applicant shall attach a statement setting out: ( 1 ) The original identification used on the equipment prior to the change in identification. ( 2 ) The date of the original grant of the equipment authorization. ( 3 ) How the equipment bearing the modified identification differs from the original equipment. ( 4 ) Whether the original test results continue to be representative of and applicable to the equipment bearing the changed identification. ( 5 ) The photographs required by § 2.1033(b)(7) or (c)(12) showing the exterior appearance of the equipment, including the operating controls available to the user and the identification label. Photographs of the construction, the component placement on the chassis, and the chassis assembly are not required to be submitted unless specifically requested. ( c ) If the change in the FCC Identifier also involves a change in design or circuitry which falls outside the purview of a permissive change described in § 2.1043 , a complete application shall be filed pursuant to § 2.911 . [ 63 FR 36598 , July 7, 1998, as amended at 80 FR 33441 , June 12, 2015] § 2.935 Electronic labeling of radiofrequency devices. ( a ) Any radiofrequency device equipped with an integrated electronic display screen, or a radiofrequency device without an integrated screen that can only operate in conjunction with a device that has an electronic display screen, may display on the electronic display the FCC Identifier, any warning statements, or other information that the Commission's rules would otherwise require to be shown on a physical label attached to the device. ( b ) Devices displaying their FCC Identifier, warning statements, or other information electronically must make this information readily accessible on the electronic display. Users must be provided with prominent instructions on how to access the information in the operating instructions, inserts in packaging material, or other easily accessible format at the time of purchase. The access instructions may also be provided via the product-related Web site, if such a Web site exists; the packaging material must provide specific instructions on how to locate the Web site information, and a copy of these instructions must be included in the application for equipment certification. ( c ) Devices displaying their FCC Identifier, warning statements, or other information electronically must permit access to the information without requiring special codes, accessories or permissions and the access to this information must not require more than three steps from the device setting menu. The number of steps does not include those steps for use of screen locks, passcodes or similar security protection designed to control overall device access. ( d ) The electronically displayed FCC Identifier, warning statements, or other information must be displayed electronically in a manner that is clearly legible without the aid of magnification; ( e ) The necessary label information must be programmed by the responsible party and must be secured in such a manner that third-parties cannot modify it. ( f ) Devices displaying their FCC Identifier, warning statements, or other information electronically must also be labeled, either on the device or its packaging, with the FCC Identifier or other information (such as a model number and identification of a Web page that hosts the relevant regulatory information) that permits the devices to be identified at the time of importation, marketing, and sales as complying with the FCC's equipment authorization requirements. Devices can be labeled with a stick-on label, printing on the packaging, a label on a protective bag, or by similar means. Any removable label shall be of a type intended to survive normal shipping and handling and must only be removed by the customer after purchase. [ 82 FR 50827 , Nov. 2, 2017] § 2.937 Equipment defect and/or design change. When a complaint is filed with the Commission concerning the failure of equipment subject to this chapter to comply with pertinent requirements of the Commission's rules, and the Commission determines that the complaint is justified and arises out of an equipment fault attributable to the responsible party, the Commission may require the responsible party to investigate such complaint and report the results of such investigation to the Commission. The report shall also indicate what action if any has been taken or is proposed to be taken by the responsible party to correct the defect, both in terms of future production and with reference to articles in the possession of users, sellers and distributors. [ 61 FR 31046 , June 19, 1996] § 2.938 Retention of records. ( a ) For equipment subject to the equipment authorization procedures in this part, the responsible party shall maintain the records listed as follows: ( 1 ) A record of the original design drawings and specifications and all changes that have been made that may affect compliance with the standards and the requirements of § 2.931 . ( 2 ) A record of the procedures used for production inspection and testing to ensure conformance with the standards and the requirements of § 2.931 . ( 3 ) A record of the test results that demonstrate compliance with the appropriate regulations in this chapter. ( b ) For equipment subject to Supplier's Declaration of Conformity, the responsible party shall, in addition to the requirements in paragraph (a) of this section, maintain the following records: ( 1 ) Measurements made on an appropriate test site that demonstrates compliance with the applicable regulations in this chapter. The record shall: ( i ) Indicate the actual date all testing was performed; ( ii ) State the name of the test laboratory, company, or individual performing the testing. The Commission may request additional information regarding the test site, the test equipment or the qualifications of the company or individual performing the tests; ( iii ) Contain a description of how the device was actually tested, identifying the measurement procedure and test equipment that was used; ( iv ) Contain a description of the equipment under test (EUT) and support equipment connected to, or installed within, the EUT; ( v ) Identify the EUT and support equipment by trade name and model number and, if appropriate, by FCC Identifier and serial number; ( vi ) Indicate the types and lengths of connecting cables used and how they were arranged or moved during testing; ( vii ) Contain at least two drawings or photographs showing the test set-up for the highest line conducted emission and showing the test set-up for the highest radiated emission. These drawings or photographs must show enough detail to confirm other information contained in the test report. Any photographs used must clearly show the test configuration used; ( viii ) List all modifications, if any, made to the EUT by the testing company or individual to achieve compliance with the regulations in this chapter; ( ix ) Include all of the data required to show compliance with the appropriate regulations in this chapter; ( x ) Contain, on the test report, the signature of the individual responsible for testing the product along with the name and signature of an official of the responsible party, as designated in § 2.909 ; and ( xi ) A copy of the compliance information, as described in § 2.1077 , required to be provided with the equipment. ( 2 ) A written and signed certification that, as of the date of first importation or marketing of the equipment, the equipment for which the responsible party maintains Supplier's Declaration of Conformity is not produced by any entity identified on the Covered List, established pursuant to § 1.50002 of this chapter , as producing covered communications equipment. ( c ) The provisions of paragraph (a) of this section shall also apply to a manufacturer of equipment produced under an agreement with the original responsible party. The retention of the records by the manufacturer under these circumstances shall satisfy the grantee's responsibility under paragraph (a) of this section. ( d ) For equipment subject to more than one equipment authorization procedure, the responsible party must retain the records required under all applicable provisions of this section. ( e ) For equipment subject to rules that include a transition period, the records must indicate the particular transition provisions that were in effect when the equipment was determined to be compliant. ( f ) For equipment subject to certification, records shall be retained for a one year period after the marketing of the associated equipment has been permanently discontinued, or until the conclusion of an investigation or a proceeding if the responsible party (or, under paragraph (c) of this section, the manufacturer) is officially notified that an investigation or any other administrative proceeding involving its equipment has been instituted. For all other records kept pursuant to this section, a two-year period shall apply. ( g ) If radio frequency equipment is modified by any party other than the original responsible party, and that party is not working under the authorization of the original responsible party, the party performing the modifications is not required to obtain the original design drawings specified in paragraph (a)(1) of this section. However, the party performing the modifications must maintain records showing the changes made to the equipment along with the records required in paragraph (a)(3) of this section. A new equipment authorization may also be required. [ 82 FR 50827 , Nov. 2, 2017, as amended at 88 FR 7624 , Feb. 6, 2023] § 2.939 Revocation or withdrawal of equipment authorization. ( a ) The Commission may revoke any equipment authorization: ( 1 ) For false statements or representations made either in the application or in materials or response submitted in connection therewith or in records required to be kept by § 2.938 . ( 2 ) If upon subsequent inspection or operation it is determined that the equipment does not conform to the pertinent technical requirements or to the representations made in the original application. ( 3 ) If it is determined that changes have been made in the equipment other than those authorized by the rules or otherwise expressly authorized by the Commission. ( 4 ) Because of conditions coming to the attention of the Commission which would warrant it in refusing to grant an original application. ( b ) Revocation of an equipment authorization shall be made in the same manner as revocation of radio station licenses, except as provided in paragraph (d) of this section. ( c ) The Commission may withdraw any equipment authorization in the event of changes in its technical standards. The procedure to be followed will be set forth in the order promulgating such new technical standards (after appropriate rulemaking proceedings) and will provide a suitable amortization period for equipment in hands of users and in the manufacturing process. ( d ) Notwithstanding other provisions of § 2.939 , to the extent a false statement or representation is made in the equipment certification application (see §§ 2.911(d)(5)-(7) , 2.932 , 2.1033 , and 2.1043 ), or in materials or responses submitted in connection therewith, that the equipment in the subject application is not prohibited from receiving an equipment authorization pursuant to § 2.903 , and the equipment certification or modification was granted, if the Commission subsequently determines that the equipment is covered communications equipment, the Commission will revoke such authorization. ( 1 ) If the Office of Engineering and Technology and the Public Safety and Homeland Security Bureau determine that particular authorized equipment is covered communications equipment, and that the certification application for that equipment contained a false statement or representation that the equipment was not covered communications equipment, they will provide written notice to the grantee that a revocation proceeding is being initiated and the grounds under consideration for such revocation. ( 2 ) The grantee will have 10 days in which to respond in writing to the reasons cited for initiating the revocation proceeding. The Office of Engineering and Technology and the Public Safety and Homeland Security Bureau will then review the submissions, request additional information as may be appropriate, and make their determination as to whether to revoke the authorization, providing the reasons for such decision. [ 39 FR 5919 , Feb. 15, 1974, as amended at 51 FR 39535 , Oct. 29, 1986; 88 FR 7624 , Feb. 6, 2023] § 2.941 Availability of information relating to grants. ( a ) Grants of equipment authorization, other than for receivers and equipment authorized for use under parts 15 or 18 of this chapter , will be publicly announced in a timely manner by the Commission. Information about the authorization of a device using a particular FCC Identifier may be obtained by contacting the Commission's Office of Engineering and Technology Laboratory. ( b ) Information relating to equipment authorizations, such as data submitted by the applicant in connection with an authorization application, laboratory tests of the device, etc., shall be available in accordance with §§ 0.441 through 0.470 of this chapter . [ 62 FR 10472 , Mar. 7, 1997] § 2.944 Software defined radios. ( a ) Manufacturers must take steps to ensure that only software that has been approved with a software defined radio can be loaded into the radio. The software must not allow the user to operate the transmitter with operating frequencies, output power, modulation types or other radio frequency parameters outside those that were approved. Manufacturers may use means including, but not limited to the use of a private network that allows only authenticated users to download software, electronic signatures in software or coding in hardware that is decoded by software to verify that new software can be legally loaded into a device to meet these requirements and must describe the methods in their application for equipment authorization. ( b ) Any radio in which the software is designed or expected to be modified by a party other than the manufacturer and would affect the operating parameters of frequency range, modulation type or maximum output power (either radiated or conducted), or the circumstances under which the transmitter operates in accordance with Commission rules, must comply with the requirements in paragraph (a) of this section and must be certified as a software defined radio. ( c ) Applications for certification of software defined radios must include a high level operational description or flow diagram of the software that controls the radio frequency operating parameters. [ 70 FR 23039 , May 4, 2005] § 2.945 Submission of equipment for testing and equipment records. ( a ) Prior to certification. ( 1 ) The Commission or a Telecommunication Certification Body (TCB) may require an applicant for certification to submit one or more sample units for measurement at the Commission's laboratory or the TCB. ( 2 ) If the applicant fails to provide a sample of the equipment, the TCB may dismiss the application without prejudice. ( 3 ) In the event the applicant believes that shipment of the sample to the Commission's laboratory or the TCB is impractical because of the size or weight of the equipment, or the power requirement, or for any other reason, the applicant may submit a written explanation why such shipment is impractical and should not be required. ( 4 ) The Commission may take administrative sanctions against a grantee of certification that fails to respond within 21 days to a Commission or TCB request for an equipment sample, such as suspending action on applications for equipment authorization submitted by that party while the matter is being resolved. The Commission may consider extensions of time upon submission of a showing of good cause. ( b ) Subsequent to equipment authorization. ( 1 ) The Commission may request that the responsible party or any other party marketing equipment subject to this chapter submit a sample of the equipment, or provide a voucher for the equipment to be obtained from the marketplace, to determine the extent to which production of such equipment continues to comply with the data filed by the applicant or on file with the responsible party for equipment subject to Supplier's Declaration of Conformity. The Commission may request that a sample or voucher to obtain a product from the marketplace be submitted to the Commission, or in the case of equipment subject to certification, to the TCB that certified the equipment. ( 2 ) A TCB may request samples of equipment that it has certified from the grantee of certification, or request a voucher to obtain a product from the marketplace, for the purpose of performing post-market surveillance as described in § 2.962 . TCBs must document their sample requests to show the date they were sent and provide this documentation to the Commission upon request. ( 3 ) The cost of shipping the equipment to the Commission's laboratory and back to the party submitting the equipment shall be borne by the party from which the Commission requested the equipment. ( 4 ) In the event a party believes that shipment of the sample to the Commission's laboratory or the TCB is impractical because of the size or weight of the equipment, or the power requirement, or for any other reason, that party may submit a written explanation why such shipment is impractical and should not be required. ( 5 ) Failure of a responsible party or other party marketing equipment subject to this chapter to comply with a request from the Commission or TCB for equipment samples or vouchers within 21 days may be cause for actions such as such as suspending action on applications for certification submitted by a grantee or forfeitures pursuant to § 1.80 of this chapter . The Commission or TCB requesting the sample may consider extensions of time upon submission of a showing of good cause. ( c ) Submission of records. Upon request by the Commission, each responsible party shall submit copies of the records required by § 2.938 to the Commission. Failure of a responsible party or other party marketing equipment subject to this chapter to comply with a request from the Commission for records within 21 days may be cause for forfeiture, pursuant to § 1.80 of this chapter . The Commission may consider extensions of time upon submission of a showing of good cause. ( d ) Inspection by the Commission. Upon request by the Commission, each responsible party shall make its manufacturing plant and facilities available for inspection. [ 80 FR 33442 , June 12, 2015, as amended at 82 FR 50828 , Nov. 2, 2017] § 2.947 Measurement procedure. ( a ) Test data must be measured in accordance with the following standards or measurement procedures: ( 1 ) Those set forth in bulletins or reports prepared by the Commission's Office of Engineering and Technology. These will be issued as required, and specified in the particular part of the rules where applicable. ( 2 ) Those acceptable to the Commission and published by national engineering societies such as the Electronic Industries Association, the Institute of Electrical and Electronic Engineers, Inc., and the American National Standards Institute. ( 3 ) Any measurement procedure acceptable to the Commission may be used to prepare data demonstrating compliance with the requirements of this chapter. Advisory information regarding measurement procedures can be found in the Commission's Knowledge Database, which is available at www.fcc.gov/labhelp . ( b ) Information submitted pursuant to paragraph (a) of this section shall completely identify the specific standard or measurement procedure used. ( c ) In the case of equipment requiring measurement procedures not specified in the references set forth in paragraphs (a)(1) through (3) of this section, the applicant shall submit a detailed description of the measurement procedures actually used. ( d ) A listing of the test equipment used shall be submitted. ( e ) If deemed necessary, additional information may be required concerning the measurement procedures employed in obtaining the data submitted for equipment authorization purposes. ( f ) A composite system is a system that incorporates different devices contained either in a single enclosure or in separate enclosures connected by wire or cable. If the individual devices in a composite system are subject to different technical standards, each such device must comply with its specific standards. In no event may the measured emissions of the composite system exceed the highest level permitted for an individual component. Testing for compliance with the different standards shall be performed with all of the devices in the system functioning. If the composite system incorporates more than one antenna or other radiating source and these radiating sources are designed to emit at the same time, measurements of conducted and radiated emissions shall be performed with all radiating sources that are to be employed emitting. ( g ) For each technical requirement in this chapter, the test report shall provide adequate test data to demonstrate compliance for the requirement, or in absence of test data, justification acceptable to the Commission as to why test data is not required. [ 42 FR 44987 , Sept. 8, 1977, as amended at 44 FR 39181 , July 5, 1979; 51 FR 12616 , Apr. 14, 1986; 80 FR 33442 , June 12, 2015; 82 FR 50828 , Nov. 2, 2017] § 2.948 Measurement facilities. Cross Reference Link to an amendment published at 88 FR 67115 , Sept. 29, 2023. ( a ) Equipment authorized under the certification procedure shall be tested at a laboratory that is accredited in accordance with paragraph (e) of this section. ( b ) A laboratory that makes measurements of equipment subject to an equipment authorization under the certification procedure or Supplier's Declaration of Conformity shall compile a description of the measurement facilities employed. ( 1 ) The description of the measurement facilities shall contain the following information: ( i ) Location of the test site. ( ii ) Physical description of the test site accompanied by photographs that clearly show the details of the test site. ( iii ) A drawing showing the dimensions of the site, physical layout of all supporting structures, and all structures within 5 times the distance between the measuring antenna and the device being measured. ( iv ) Description of structures used to support the device being measured and the test instrumentation. ( v ) List of measuring equipment used. ( vi ) Information concerning the calibration of the measuring equipment, i.e., the date the equipment was last calibrated and how often the equipment is calibrated. ( vii ) For a measurement facility that will be used for testing radiated emissions, a plot of site attenuation data taken pursuant to paragraph (d) of this section. ( 2 ) The description of the measurement facilities shall be provided to a laboratory accreditation body upon request. ( 3 ) The description of the measurement facilities shall be retained by the party responsible for authorization of the equipment and provided to the Commission upon request. ( i ) The party responsible for authorization of the equipment may rely upon the description of the measurement facilities retained by an independent laboratory that performed the tests. In this situation, the party responsible for authorization of the equipment is not required to retain a duplicate copy of the description of the measurement facilities. ( ii ) No specific site calibration data is required for equipment that is authorized for compliance based on measurements performed at the installation site of the equipment. The description of the measurement facilities may be retained at the site at which the measurements were performed. ( c ) The Commission will maintain a list of accredited laboratories that it has recognized. The Commission will make publicly available a list of those laboratories that have indicated a willingness to perform testing for the general public. Inclusion of a facility on the Commission's list does not constitute Commission endorsement of that facility. In order to be included on this list, the accrediting organization (or Designating Authority in the case of foreign laboratories) must submit the information listed below to the Commission's laboratory: ( 1 ) Laboratory name, location of test site(s), mailing address and contact information; ( 2 ) Name of accrediting organization; ( 3 ) Scope of laboratory accreditation; ( 4 ) Date of expiration of accreditation; ( 5 ) Designation number; ( 6 ) FCC Registration Number (FRN); ( 7 ) A statement as to whether or not the laboratory performs testing on a contract basis; ( 8 ) For laboratories outside the United States, the name of the mutual recognition agreement or arrangement under which the accreditation of the laboratory is recognized; ( 9 ) Other information as requested by the Commission. ( d ) When the measurement method used requires the testing of radiated emissions on a validated test site, the site attenuation must comply with either: the requirements of ANSI C63.4a-2017 (incorporated by reference, see § 2.910 ) or the requirements of sections 5.4.4 through 5.5 of ANSI C63.4-2014 (incorporated by reference, see § 2.910 ). ( 1 ) Measurement facilities used to make radiated emission measurements from 30 MHz to 1 GHz must comply with the site validation requirements in either ANSI C63.4a-2017 or ANSI C63.4-2014 (clause 5.4.4); ( 2 ) Measurement facilities used to make radiated emission measurements from 1 GHz to 18 GHz must comply with the site validation requirement of ANSI C63.25.1-2018 (incorporated by reference, see § 2.910 ); ( 3 ) Measurement facilities used to make radiated emission measurements from 18 GHz to 40 GHz must comply with the site validation requirement of ANSI C63.4-2014 (clause 5.5.1 a) 1)), such that the site validation criteria called out in CISPR 16-1-4:2010-04 (incorporated by reference, see § 2.910 ) is met. ( 4 ) Test site revalidation must occur on an interval not to exceed three years. ( e ) A laboratory that has been accredited with a scope covering the measurements required for the types of equipment that it will test shall be deemed competent to test and submit test data for equipment subject to certification. Such a laboratory shall be accredited by a Commission recognized accreditation organization based on the International Organization for Standardization/International Electrotechnical Commission International Standard ISO/IEC 17025, (incorporated by reference, see § 2.910 ). The organization accrediting the laboratory must be recognized by the Commission's Office of Engineering and Technology, as indicated in § 0.241 of this chapter , to perform such accreditation based on International Standard ISO/IEC 17011 (incorporated by reference, see § 2.910 ). The frequency for reassessment of the test facility and the information that is required to be filed or retained by the testing party shall comply with the requirements established by the accrediting organization, but shall occur on an interval not to exceed two years. ( f ) The accreditation of a laboratory located outside of the United States, or its possessions, will be acceptable only under one of the following conditions: ( 1 ) If the accredited laboratory has been designated by a foreign Designating Authority and recognized by the Commission under the terms of a government-to-government Mutual Recognition Agreement/Arrangement (MRA); or ( 2 ) If the laboratory is located in a country that does not have an MRA with the United States, then it must be accredited by an organization recognized by the Commission under the provisions of § 2.949 for performing accreditations in the country where the laboratory is located. [ 80 FR 33442 , June 12, 2015, as amended at 82 FR 50828 , Nov. 2, 2017; 88 FR 67115 , Sept. 29, 2023] § 2.949 Recognition of laboratory accreditation bodies. ( a ) A party wishing to become a laboratory accreditation body recognized by OET must submit a written request to the Chief of OET requesting such recognition. OET will make a determination based on the information provided in support of the request for recognition. ( b ) Applicants shall provide the following information as evidence of their credentials and qualifications to perform accreditation of laboratories that test equipment to Commission requirements, consistent with the requirements of § 2.948(e) . OET may request additional information, or showings, as needed, to determine the applicant's credentials and qualifications. ( 1 ) Successful completion of an ISO/IEC 17011 (incorporated by reference, see § 2.910 ) peer review, such as being a signatory to an accreditation agreement that is acceptable to the Commission. ( 2 ) Experience with the accreditation of electromagnetic compatibility (EMC), radio and telecommunications testing laboratories to ISO/IEC 17025 (incorporated by reference, see § 2.910 ). ( 3 ) Accreditation personnel/assessors with specific technical experience on the Commission equipment authorization rules and requirements. ( 4 ) Procedures and policies developed for the accreditation of testing laboratories for FCC equipment authorization programs. [ 80 FR 33443 , June 12, 2015] § 2.950 Transition periods. ( a ) Prior to October 30, 2025, a prospective or accredited testing laboratory or telecommunication certification body must be capable of meeting the requirements and conditions of ISO/IEC 17025:2005(E) (incorporated by reference, see § 2.910 ) or ISO/IEC 17025:2017(E) (incorporated by reference, see § 2.910 ). On or after October 30, 2025, a prospective or accredited testing laboratory or telecommunication certification body must be capable of meeting the requirements and conditions of ISO/IEC 17025:2017(E) (incorporated by reference, see § 2.910 ). ( b ) All radio frequency devices that were authorized under the verification or Declaration of Conformity procedures prior to November 2, 2017, must continue to meet all requirements associated with the applicable procedure that were in effect immediately prior to November 2, 2017. If any changes are made to such devices after November 2, 2018, the requirements associated with the Supplier's Declaration of Conformity apply. [ 88 FR 67115 , Sept. 29, 2023] Telecommunication Certification Bodies (TCBs) § 2.960 Recognition of Telecommunication Certification Bodies (TCBs). ( a ) The Commission may recognize Telecommunication Certification Bodies (TCBs) which have been designated according to requirements of paragraph (b) or (c) of this section to issue grants of certification as required under this part. Certification of equipment by a TCB shall be based on an application with all the information specified in this part. The TCB shall review the application to determine compliance with the Commission's requirements and shall issue a grant of equipment certification in accordance with § 2.911 . ( b ) In the United States, TCBs shall be accredited and designated by the National Institute of Standards and Technology (NIST) under its National Voluntary Conformity Assessment Evaluation (NVCASE) program, or other recognized programs based on ISO/IEC 17065 (incorporated by reference, see § 2.910 ) to comply with the Commission's qualification criteria for TCBs. NIST may, in accordance with its procedures, allow other appropriately qualified accrediting bodies to accredit TCBs. TCBs shall comply with the requirements in § 2.962 of this part . ( c ) In accordance with the terms of an effective bilateral or multilateral mutual recognition agreement or arrangement (MRA) to which the United States is a party, bodies outside the United States shall be permitted to authorize equipment in lieu of the Commission. A body in an MRA partner economy may authorize equipment to U.S. requirements only if that economy permits bodies in the United States to authorize equipment to its requirements. The authority designating these telecommunication certification bodies shall meet the following criteria. ( 1 ) The organization accrediting the prospective telecommunication certification body shall be capable of meeting the requirements and conditions of ISO/IEC 17011 (incorporated by reference, see § 2.910 ). ( 2 ) The organization assessing the telecommunication certification body shall appoint a team of qualified experts to perform the assessment covering all of the elements within the scope of accreditation. For assessment of telecommunications equipment, the areas of expertise to be used during the assessment shall include, but not be limited to, electromagnetic compatibility and telecommunications equipment (wired and wireless). [ 64 FR 4995 , Feb. 2, 1999, as amended at 80 FR 33444 , June 12, 2015] § 2.962 Requirements for Telecommunication Certification Bodies. ( a ) Telecommunication certification bodies (TCBs) designated by NIST, or designated by another authority pursuant to an bilateral or multilateral mutual recognition agreement or arrangement to which the United States is a party, shall comply with the requirements of this section. ( b ) Certification methodology. ( 1 ) The certification system shall be based on type testing as identified in ISO/IEC 17065 (incorporated by reference, see § 2.910 ). ( 2 ) Certification shall normally be based on testing no more than one unmodified representative sample of each product type for which certification is sought. Additional samples may be requested if clearly warranted, such as when certain tests are likely to render a sample inoperative. ( c ) Criteria for designation. ( 1 ) To be designated as a TCB under this section, an entity shall, by means of accreditation, meet all the appropriate specifications in ISO/IEC 17065 for the scope of equipment it will certify. The accreditation shall specify the group of equipment to be certified and the applicable regulations for product evaluation. ( 2 ) The TCB shall demonstrate expert knowledge of the regulations for each product with respect to which the body seeks designation. Such expertise shall include familiarity with all applicable technical regulations, administrative provisions or requirements, as well as the policies and procedures used in the application thereof. ( 3 ) The TCB shall have the technical expertise and capability to test the equipment it will certify and shall also be accredited in accordance with ISO/IEC 17025 (incorporated by reference, see § 2.910 ) to demonstrate it is competent to perform such tests. ( 4 ) The TCB shall demonstrate an ability to recognize situations where interpretations of the regulations or test procedures may be necessary. The appropriate key certification and laboratory personnel shall demonstrate knowledge of how to obtain current and correct technical regulation interpretations. The competence of the TCB shall be demonstrated by assessment. The general competence, efficiency, experience, familiarity with technical regulations and products covered by those technical regulations, as well as compliance with applicable parts of ISO/IEC 17025 and ISO/IEC 17065 shall be taken into consideration during assessment. ( 5 ) A TCB shall participate in any consultative activities, identified by the Commission or NIST, to facilitate a common understanding and interpretation of applicable regulations. ( 6 ) The Commission will provide public notice of the specific methods that will be used to accredit TCBs, consistent with these qualification criteria. ( 7 ) A TCB shall be reassessed for continued accreditation on intervals not exceeding two years. ( d ) External resources. ( 1 ) In accordance with the provisions of ISO/IEC 17065 the evaluation of a product, or a portion thereof, may be performed by bodies that meet the applicable requirements of ISO/IEC 17025 in accordance with the applicable provisions of ISO/IEC 17065 for external resources (outsourcing) and other relevant standards. Evaluation is the selection of applicable requirements and the determination that those requirements are met. Evaluation may be performed using internal TCB resources or external (outsourced) resources. ( 2 ) A TCB shall not outsource review and certification decision activities. ( 3 ) When external resources are used to provide the evaluation function, including the testing of equipment subject to certification, the TCB shall be responsible for the evaluation and shall maintain appropriate oversight of the external resources used to ensure reliability of the evaluation. Such oversight shall include periodic audits of products that have been tested and other activities as required in ISO/IEC 17065 when a certification body uses external resources for evaluation. ( e ) Recognition of a TCB. ( 1 ) ( i ) The Commission will recognize as a TCB any organization in the United States that meets the qualification criteria and is accredited and designated by NIST or NIST's recognized accreditor as provided in § 2.960(b) . ( ii ) The Commission will recognize as a TCB any organization outside the United States that meets the qualification criteria and is designated pursuant to an bilateral or multilateral MRA as provided in § 2.960(c) . ( 2 ) The Commission will withdraw its recognition of a TCB if the TCB's designation or accreditation is withdrawn, if the Commission determines there is just cause for withdrawing the recognition, or if the TCB requests that it no longer hold its designation or recognition. The Commission will limit the scope of equipment that can be certified by a TCB if its accreditor limits the scope of its accreditation or if the Commission determines there is good cause to do so. The Commission will notify a TCB in writing of its intention to withdraw or limit the scope of the TCB's recognition and provide at least 60 days for the TCB to respond. In the case of a TCB designated and recognized pursuant to an bilateral or multilateral mutual recognition agreement or arrangement (MRA), the Commission shall consult with the Office of the United States Trade Representative (USTR), as necessary, concerning any disputes arising under an MRA for compliance with the Telecommunications Trade Act of 1988 (Section 1371-1382 of the Omnibus Trade and Competitiveness Act of 1988). ( 3 ) The Commission will notify a TCB in writing when it has concerns or evidence that the TCB is not certifying equipment in accordance with the Commission's rules and policies and request that it explain and correct any apparent deficiencies. The Commission may require that all applications for the TCB be processed under the pre-approval guidance procedure in § 2.964 for at least 30 days, and will provide a TCB with 30 days' notice of its intent to do so unless good cause exists for providing shorter notice. The Commission may request that a TCB's Designating Authority or accreditation body investigate and take appropriate corrective actions as required, and the Commission may initiate action to limit or withdraw the recognition of the TCB as described in § 2.962(e)(2) . ( 4 ) If the Commission withdraws its recognition of a TCB, all certifications issued by that TCB will remain valid unless specifically set aside or revoked by the Commission under paragraph (f)(5) of this section. ( 5 ) A list of recognized TCBs will be published by the Commission. ( f ) Scope of responsibility. ( 1 ) A TCB shall certify equipment in accordance with the Commission's rules and policies. ( 2 ) A TCB shall accept test data from any Commission-recognized accredited test laboratory, subject to the requirements in ISO/IEC 17065 and shall not unnecessarily repeat tests. ( 3 ) A TCB may establish and assess fees for processing certification applications and other Commission-required tasks. ( 4 ) A TCB may only act on applications that it has received or which it has issued a grant of certification. ( 5 ) A TCB shall dismiss an application which is not in accordance with the provisions of this subpart or when the applicant requests dismissal, and may dismiss an application if the applicant does not submit additional information or test samples requested by the TCB. ( 6 ) Within 30 days of the date of grant of certification the Commission or TCB issuing the grant may set aside a grant of certification that does not comply with the requirements or upon the request of the applicant. A TCB shall notify the applicant and the Commission when a grant is set aside. After 30 days, the Commission may revoke a grant of certification through the procedures in § 2.939 . ( 7 ) A TCB shall follow the procedures in § 2.964 of this part for equipment on the pre-approval guidance list. ( 8 ) A TCB shall supply an electronic copy of each certification application and all necessary exhibits to the Commission prior to grant or dismissal of the application. Where appropriate, the application must be accompanied by a request for confidentiality of any material that may qualify for confidential treatment under the Commission's rules. ( 9 ) A TCB shall grant or dismiss each certification application through the Commission's electronic filing system. ( 10 ) A TCB may not: ( i ) Grant a waiver of the rules; ( ii ) Take enforcement actions; or ( iii ) Authorize a transfer of control of a grantee. ( 11 ) All TCB actions are subject to Commission review. ( g ) Post-market surveillance requirements. ( 1 ) In accordance with ISO/IEC 17065 a TCB shall perform appropriate post-market surveillance activities. These activities shall be based on type testing a certain number of samples of the total number of product types which the certification body has certified. ( 2 ) The Chief of the Office of Engineering and Technology (OET) has delegated authority under § 0.241(g) of this chapter to develop procedures that TCBs will use for performing post-market surveillance. OET will publish a document on TCB post-market surveillance requirements, and this document will provide specific information such as the number and types of samples that a TCB must test. ( 3 ) OET may request that a grantee of equipment certification submit a sample directly to the TCB that performed the original certification for evaluation. Any equipment samples requested by the Commission and tested by a TCB will be counted toward the minimum number of samples that the TCB must test. ( 4 ) TCBs may request samples of equipment that they have certified directly from the grantee of certification in accordance with § 2.945 . ( 5 ) If during post market surveillance of a certified product, a TCB determines that a product fails to comply with the technical regulations for that product, the TCB shall immediately notify the grantee and the Commission in writing of its findings. The grantee shall provide a report to the TCB describing the actions taken to correct the situation, and the TCB shall provide a report of these actions to the Commission within 30 days. ( 6 ) TCBs shall submit periodic reports to OET of their post-market surveillance activities and findings in the format and by the date specified by OET. [ 80 FR 33444 , June 12, 2015] § 2.964 Pre-approval guidance procedure for Telecommunication Certification Bodies. ( a ) The Commission will publish a “Pre-approval Guidance List” identifying the categories of equipment or types of testing for which Telecommunication Certification Bodies (TCBs) must request guidance from the Commission before approving equipment on the list. ( b ) TCBs shall use the following procedure for approving equipment on the Commission's pre-approval guidance list. ( 1 ) A TCB shall perform an initial review of the application and determine the issues that require guidance from the Commission. The TCB shall electronically submit the relevant exhibits to the Commission along with a specific description of the pertinent issues. ( 2 ) The TCB shall complete the review of the application in accordance with the Commission's guidance. ( 3 ) The Commission may request and test a sample of the equipment before the application can be granted. ( 4 ) The TCB shall electronically submit the application and all exhibits to the Commission along with a request to grant the application. ( 5 ) The Commission will give its concurrence for the TCB to grant the application if it determines that the equipment complies with the rules. The Commission will advise the TCB if additional information or equipment testing is required, or if the equipment cannot be certified because it does not comply with the Commission's rules. [ 80 FR 33445 , June 12, 2015] Certification § 2.1031 Cross reference. The general provisions of this subpart § 2.901 et seq. shall apply to applications for and grants of certification. § 2.1033 Application for certification. ( a ) An application for certification shall be filed on FCC Form 731 with all questions answered. Items that do not apply shall be so noted. ( b ) Applications for equipment operating under Parts 11, 15 and 18 of the rules shall be accompanied by a technical report containing the following information: ( 1 ) The full name, mailing address and physical address (if different from mailing address), email address, and telephone number of: ( i ) The applicant for certification; and ( ii ) The applicant's agent for service of process in the United States for matters relating to the authorized equipment. ( 2 ) A written and signed certification that, as of, the filing date of the notice, the equipment to which the change applies is not prohibited from receiving an equipment authorization pursuant to § 2.903 ; ( 3 ) An affirmative or negative statement as to whether the applicant is identified on the Covered List, established pursuant to § 1.50002 of this chapter , as an entity producing covered communications equipment; and ( 4 ) The written and signed certifications required by § 2.911(d)(7) . ( 5 ) FCC identifier. ( 6 ) A copy of the installation and operating instructions to be furnished the user. A draft copy of the instructions may be submitted if the actual document is not available. The actual document shall be furnished to the FCC when it becomes available. ( 7 ) A brief description of the circuit functions of the device along with a statement describing how the device operates. This statement should contain a description of the ground system and antenna, if any, used with the device. ( 8 ) A block diagram showing the frequency of all oscillators in the device. The signal path and frequency shall be indicated at each block. The tuning range(s) and intermediate frequency(ies) shall be indicated at each block. A schematic diagram is also required for intentional radiators. ( 9 ) A report of measurements showing compliance with the pertinent FCC technical requirements. This report shall identify the test procedure used (e.g., specify the FCC test procedure, or industry test procedure that was used), the date the measurements were made, the location where the measurements were made, and the device that was tested (model and serial number, if available). The report shall include sample calculations showing how the measurement results were converted for comparison with the technical requirements. ( 10 ) A sufficient number of photographs to clearly show the exterior appearance, the construction, the component placement on the chassis, and the chassis assembly. The exterior views shall show the overall appearance, the antenna used with the device (if any), the controls available to the user, and the required identification label in sufficient detail so that the name and FCC identifier can be read. In lieu of a photograph of the label, a sample label (or facsimile thereof) may be submitted together with a sketch showing where this label will be placed on the equipment. Photographs shall be of size A4 (21 cm × 29.7 cm) or 8 × 10 inches (20.3 cm × 25.4 cm). Smaller photographs may be submitted provided they are sharp and clear, show the necessary detail, and are mounted on A4 (21 cm × 29.7 cm) or 8.5 × 11 inch (21.6 cm × 27.9 cm) paper. A sample label or facsimile together with the sketch showing the placement of this label shall be on the same size paper. ( 11 ) If the equipment for which certification is being sought must be tested with peripheral or accessory devices connected or installed, a brief description of those peripherals or accessories. The peripheral or accessory devices shall be unmodified, commercially available equipment. ( 12 ) For equipment subject to the provisions of part 15 of this chapter , the application shall indicate if the equipment is being authorized pursuant to the transition provisions in § 15.37 of this chapter . ( 13 ) Applications for the certification of scanning receivers shall include a statement describing the methods used to comply with the design requirements of all parts of § 15.121 of this chapter . The application must specifically include a statement assessing the vulnerability of the equipment to possible modification and describing the design features that prevent the modification of the equipment by the user to receive transmissions from the Cellular Radiotelephone Service. The application must also demonstrate compliance with the signal rejection requirement of § 15.121 of this chapter , including details on the measurement procedures used to demonstrate compliance. ( 14 ) Applications for certification of transmitters operating within the 59.0-64.0 GHz band under part 15 of this chapter shall also be accompanied by an exhibit demonstrating compliance with the provisions of § 15.255(g) of this chapter . ( 15 ) An application for certification of a software defined radio must include the information required by § 2.944 . ( 16 ) Applications for certification of U-NII devices in the 5.15-5.35 GHz and the 5.47-5.85 GHz bands must include a high level operational description of the security procedures that control the radio frequency operating parameters and ensure that unauthorized modifications cannot be made. ( 17 ) Contain at least one drawing or photograph showing the test set-up for each of the required types of tests applicable to the device for which certification is requested. These drawings or photographs must show enough detail to confirm other information contained in the test report. Any photographs used must be focused originals without glare or dark spots and must clearly show the test configuration used. ( c ) Applications for equipment other than that operating under parts 15 , 11 and 18 of this chapter shall be accompanied by a technical report containing the following information: ( 1 ) The full name, mailing address and physical address (if different from mailing address), email address, and telephone number of: ( i ) The applicant for certification; and ( ii ) The applicant's agent for service of process in the United States for matters relating to the authorized equipment. ( 2 ) A written and signed certification that, as of the filing date of the notice, the equipment to which the change applies is not prohibited from receiving an equipment authorization pursuant to § 2.903 . ( 3 ) An affirmative or negative statement as to whether the applicant is identified on the Covered List, established pursuant to § 1.50002 of this chapter , as an entity producing covered communications equipment. ( 4 ) The written and signed certifications required by § 2.911(d)(7) . ( 5 ) FCC identifier. ( 6 ) A copy of the installation and operating instructions to be furnished the user. A draft copy of the instructions may be submitted if the actual document is not available. The actual document shall be furnished to the FCC when it becomes available. ( 7 ) Type or types of emission. ( 8 ) Frequency range. ( 9 ) Range of operating power values or specific operating power levels, and description of any means provided for variation of operating power. ( 10 ) Maximum power rating as defined in the applicable part(s) of the rules. ( 11 ) The dc voltages applied to and dc currents into the several elements of the final radio frequency amplifying device for normal operation over the power range. ( 12 ) Tune-up procedure over the power range, or at specific operating power levels. ( 13 ) A schematic diagram and a description of all circuitry and devices provided for determining and stabilizing frequency, for suppression of spurious radiation, for limiting modulation, and for limiting power. ( 14 ) A photograph or drawing of the equipment identification plate or label showing the information to be placed thereon. ( 15 ) Photographs (8″ × 10″) of the equipment of sufficient clarity to reveal equipment construction and layout, including meters, if any, and labels for controls and meters and sufficient views of the internal construction to define component placement and chassis assembly. Insofar as these requirements are met by photographs or drawings contained in instruction manuals supplied with the certification request, additional photographs are necessary only to complete the required showing. ( 16 ) For equipment employing digital modulation techniques, a detailed description of the modulation system to be used, including the response characteristics (frequency, phase and amplitude) of any filters provided, and a description of the modulating wavetrain, shall be submitted for the maximum rated conditions under which the equipment will be operated. ( 17 ) The data required by §§ 2.1046 through 2.1057 , inclusive, measured in accordance with the procedures set out in § 2.1041 . ( 18 ) The application for certification of an external radio frequency power amplifier under part 97 of this chapter need not be accompanied by the data required by paragraph (b)(14) of this section. In lieu thereof, measurements shall be submitted to show compliance with the technical specifications in subpart C of part 97 of this chapter and such information as required by § 2.1060 of this part . ( 19 ) An application for certification of an AM broadcast stereophonic exciter-generator intended for interfacing with existing certified, or formerly type accepted or notified transmitters must include measurements made on a complete stereophonic transmitter. The instruction book must include complete specifications and circuit requirements for interconnecting with existing transmitters. The instruction book must also provide a full description of the equipment and measurement procedures to monitor modulation and to verify that the combination of stereo exciter-generator and transmitter meet the emission limitations of § 73.44 . ( 20 ) Applications for certification required by § 25.129 of this chapter shall include any additional equipment test data required by that section. ( 21 ) An application for certification of a software defined radio must include the information required by § 2.944 . ( 22 ) Applications for certification of equipment operating under part 27 of this chapter , that a manufacturer is seeking to certify for operation in the: ( i ) 1755-1780 MHz, 2155-2180 MHz, or both bands shall include a statement indicating compliance with the pairing of 1710-1780 and 2110-2180 MHz specified in §§ 27.5(h) and 27.75 of this chapter . ( ii ) 1695-1710 MHz, 1755-1780 MHz, or both bands shall include a statement indicating compliance with § 27.77 of this chapter . ( iii ) 600 MHz band shall include a statement indicating compliance with § 27.75 of this chapter . ( 23 ) Before equipment operating under part 90 of this chapter and capable of operating on the 700 MHz interoperability channels (See § 90.531(b)(1) of this chapter ) may be marketed or sold, the manufacturer thereof shall have a Compliance Assessment Program Supplier's Declaration of Compliance and Summary Test Report or, alternatively, a document detailing how the manufacturer determined that its equipment complies with § 90.548 of this chapter and that the equipment is interoperable across vendors. Submission of a 700 MHz narrowband radio for certification will constitute a representation by the manufacturer that the radio will be shown, by testing, to be interoperable across vendors before it is marketed or sold. ( 24 ) Contain at least one drawing or photograph showing the test set-up for each of the required types of tests applicable to the device for which certification is requested. These drawings or photographs must show enough detail to confirm other information contained in the test report. Any photographs used must be focused originals without glare or dark spots and must clearly show the test configuration used. ( d ) Applications for certification of equipment operating under part 20 of this chapter , that a manufacturer is seeking to certify as hearing aid-compatible, as set forth in § 20.19 of this chapter , shall include a statement indicating compliance with the test requirements of § 20.19 of this chapter . The manufacturer of the equipment shall be responsible for maintaining the test results. ( e ) A single application may be filed for a composite system that incorporates devices subject to certification under multiple rule parts, however, the appropriate fee must be included for each device. Separate applications must be filed if different FCC Identifiers will be used for each device. ( f ) Radio frequency devices operating under the provisions of this part are subject to the radio frequency radiation exposure requirements specified in §§ 1.1307(b) , 1.1310 , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of RF sources under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. [ 63 FR 36599 , July 7, 1998, as amended at 63 FR 42278 , Aug. 7, 1998; 64 FR 22561 , Apr. 27, 1999; 67 FR 42734 , June 25, 2002; 68 FR 54175 , Sept. 16, 2003; 68 FR 68545 , Dec. 9, 2003; 69 FR 5709 , Feb. 6, 2004; 70 FR 23039 , May 4, 2005; 77 FR 41928 , July 17, 2012; 78 FR 59850 , Sept. 30, 2013; 79 FR 24578 , May 1, 2014; 79 FR 32410 , June 4, 2014; 79 FR 48536 , Aug. 15, 2014; 79 FR 71325 , Dec. 2, 2014; 80 FR 33446 , June 12, 2015; 81 FR 66832 , Sept. 29, 2016; 83 FR 30367 , June 28, 2018; 85 FR 18146 , Apr. 1, 2020; 86 FR 23625 , May 4, 2021; 88 FR 7624 , Feb. 6, 2023] § 2.1035 [Reserved] § 2.1041 Measurement procedure. ( a ) For equipment operating under parts 15 and 18, the measurement procedures are specified in the rules governing the particular device for which certification is requested. ( b ) For equipment operating in the authorized radio services, measurements are required as specified in §§ 2.1046 , 2.1047 , 2.1049 , 2.1051 , 2.1053 , 2.1055 and 2.1057 . The measurement procedures in ANSI C63.26-2015 (incorporated by reference, see § 2.910 ) are acceptable for performing compliance measurements for equipment types covered by the measurement standard. See also § 2.947 for acceptable measurement procedures. [ 82 FR 50829 , Nov. 2, 2017] § 2.1043 Changes in certificated equipment. ( a ) Except as provided in paragraph (b)(3) of this section, changes to the basic frequency determining and stabilizing circuitry (including clock or data rates), frequency multiplication stages, basic modulator circuit or maximum power or field strength ratings shall not be performed without application for and authorization of a new grant of certification. Variations in electrical or mechanical construction, other than these indicated items, are permitted provided the variations either do not affect the characteristics required to be reported to the Commission or the variations are made in compliance with the other provisions of this section. Changes to the software installed in a transmitter that do not affect the radio frequency emissions do not require any additional filings and may be made by parties other than the holder of the grant of certification. ( b ) Three classes of permissive changes may be made in certificated equipment without requiring a new application for and grant of certification. None of the classes of changes shall result in a change in identification. ( 1 ) A Class I permissive change includes those modifications in the equipment which do not degrade the characteristics reported by the manufacturer and accepted by the Commission when certification is granted. No filing is required for a Class I permissive change. ( 2 ) A Class II permissive change includes those modifications which degrade the performance characteristics as reported to the Commission at the time of the initial certification. Such degraded performance must still meet the minimum requirements of the applicable rules. ( i ) When a Class II permissive change is made by the grantee, the grantee shall provide: ( A ) Complete information and the results of tests of the characteristics affected by such change; ( B ) A written and signed certification expressly stating that, as of the filing date, the equipment subject to the permissive change is not prohibited from receiving an equipment authorization pursuant to § 2.903 ; ( C ) An affirmative or negative statement as to whether the applicant is identified on the Covered List, established pursuant to § 1.50002 of this chapter , as an entity producing covered communications equipment; ( D ) The full name, mailing address and physical address (if different from mailing address), email address, and telephone number of the grantee's designated agent for service of process in the United States for matters relating to the authorized equipment; and ( E ) The written and signed certifications required by § 2.911(d)(7) . ( ii ) The modified equipment shall not be marketed under the existing grant of certification prior to acknowledgement that the change is acceptable. ( 3 ) A Class III permissive change includes modifications to the software of a software defined radio transmitter that change the frequency range, modulation type or maximum output power (either radiated or conducted) outside the parameters previously approved, or that change the circumstances under which the transmitter operates in accordance with Commission rules. ( i ) When a Class III permissive change is made, the grantee shall provide: ( A ) A description of the changes and test results showing that the equipment complies with the applicable rules with the new software loaded, including compliance with the applicable RF exposure requirements. ( B ) A written and signed certification expressly stating that, as of the date of the filing, the equipment subject to the permissive change is not prohibited from receiving an equipment authorization pursuant to § 2.903 ; ( C ) An affirmative or negative statement as to whether the applicant is identified on the Covered List, established pursuant to § 1.50002 of this chapter , as an entity producing covered communications equipment; ( D ) The full name, mailing address and physical address (if different from mailing address), email address, and telephone number of the grantee's designated agent for service of process in the United States for matters relating to the authorized equipment; and ( E ) The written and signed certifications required by § 2.911(d)(7) . ( ii ) The modified software shall not be loaded into the equipment, and the equipment shall not be marketed with the modified software under the existing grant of certification, prior to acknowledgement that the change is acceptable. ( iii ) Class III changes are permitted only for equipment in which no Class II changes have been made from the originally approved device. Note to paragraph ( b )(3): Any software change that degrades spurious and out-of-band emissions previously reported at the time of initial certification would be considered a change in frequency or modulation and would require a Class III permissive change or new equipment authorization application. ( 4 ) Class I and Class II permissive changes may only be made by the holder of the grant of certification, except as specified. ( c ) A grantee desiring to make a change other than a permissive change shall file a new application for certification accompanied by the required information as specified in this part and shall not market the modified device until the grant of certification has been issued. The grantee shall attach a description of the change(s) to be made and a statement indicating whether the change(s) will be made in all units (including previous production) or will be made only in those units produced after the change is authorized. ( d ) A modification which results in a change in the identification of a device with or without change in circuitry requires a new application for, and grant of certification. If the changes affect the characteristics required to be reported, a complete application shall be filed. If the characteristics required to be reported are not changed the abbreviated procedure of § 2.933 may be used. ( e ) Equipment that has been certificated or formerly type accepted for use in the Amateur Radio Service pursuant to the requirements of part 97 of this chapter may be modified without regard to the conditions specified in paragraph (b) of this section, provided the following conditions are met: ( 1 ) Any person performing such modifications on equipment used under part 97 of this chapter must possess a valid amateur radio operator license of the class required for the use of the equipment being modified. ( 2 ) Modifications made pursuant to this paragraph are limited to equipment used at licensed amateur radio stations. ( 3 ) Modifications specified or performed by equipment manufacturers or suppliers must be in accordance with the requirements set forth in paragraph (b) of this section. ( 4 ) Modifications specified or performed by licensees in the Amateur Radio Service on equipment other than that at specific licensed amateur radio stations must be in accordance with the requirements set forth in paragraph (b) of this section. ( 5 ) The station licensee shall be responsible for ensuring that modified equipment used at his station will comply with the applicable technical standards in part 97 of this chapter . ( f ) For equipment other than that operating under parts 15 or 18 of this chapter , when a Class II permissive change is made by other than the grantee of certification, the information and data specified in paragraph (b)(2) of this section shall be supplied by the person making the change. The modified equipment shall not be operated under an authorization prior to acknowledgement that the change is acceptable. ( g ) The interconnection of a certificated or formerly type accepted AM broadcast stereophonic exciter-generator with a certificated or formerly type accepted AM broadcast transmitter in accordance with the manufacturer's instructions and upon completion of measurements showing that the modified transmitter meets the emission limitation requirements of § 73.44 is defined as a Class I permissive change for compliance with this section. ( h ) The interconnection of a multiplexing exciter with a certificated or formerly type accepted AM broadcast transmitter in accordance with the manufacturer's instructions without electrical or mechanical modification of the transmitter circuits and completion of equipment performance measurements showing the transmitter meets the minimum performance requirements applicable thereto is defined as a Class I permissive change for compliance with this section. ( i ) The addition of TV broadcast subcarrier generators to a certificated or formerly type accepted TV broadcast transmitter or the addition of FM broadcast subcarrier generators to a type accepted FM broadcast transmitter, provided the transmitter exciter is designed for subcarrier operation without mechanical or electrical alterations to the exciter or other transmitter circuits. ( j ) The addition of TV broadcast stereophonic generators to a certificated or formerly type accepted TV broadcast transmitter or the addition of FM broadcast stereophonic generators to a certificated or formerly type accepted FM broadcast transmitter, provided the transmitter exciter is designed for stereophonic sound operation without mechanical or electrical alterations to the exciter or other transmitter circuits. ( k ) The addition of subscription TV encoding equipment for which the FCC has granted advance approval under the provisions of § 2.1400 in subpart M and § 73.644(c) of part 73 to a certificated or formerly type accepted transmitter is considered a Class I permissive change. ( l ) Notwithstanding the provisions of this section, broadcast licensees or permittees are permitted to modify certificated or formerly type accepted equipment pursuant to § 73.1690 of the FCC's rules. [ 63 FR 36600 , July 7, 1998, as amended at 66 FR 50840 , Oct. 5, 2001; 70 FR 23040 , May 4, 2005; 80 FR 33446 , June 12, 2015; 88 FR 7625 , Feb. 6, 2023] § 2.1046 Measurements required: RF power output. ( a ) For transmitters other than single sideband, independent sideband and controlled carrier radiotelephone, power output shall be measured at the RF output terminals when the transmitter is adjusted in accordance with the tune-up procedure to give the values of current and voltage on the circuit elements specified in § 2.1033(c)(8) . The electrical characteristics of the radio frequency load attached to the output terminals when this test is made shall be stated. ( b ) For single sideband, independent sideband, and single channel, controlled carrier radiotelephone transmitters the procedure specified in paragraph (a) of this section shall be employed and, in addition, the transmitter shall be modulated during the test as follows. In all tests, the input level of the modulating signal shall be such as to develop rated peak envelope power or carrier power, as appropriate, for the transmitter. ( 1 ) Single sideband transmitters in the A3A or A3J emission modes—by two tones at frequencies of 400 Hz and 1800 Hz (for 3.0 kHz authorized bandwidth), or 500 Hz and 2100 Hz (3.5 kHz authorized bandwidth), or 500 Hz and 2400 Hz (for 4.0 kHz authorized bandwidth), applied simultaneously, the input levels of the tones so adjusted that the two principal frequency components of the radio frequency signal produced are equal in magnitude. ( 2 ) Single sideband transmitters in the A3H emission mode—by one tone at a frequency of 1500 Hz (for 3.0 kHz authorized bandwidth), or 1700 Hz (for 3.5 kHz authorized bandwidth), or 1900 Hz (for 4.0 kHz authorized bandwidth), the level of which is adjusted to produce a radio frequency signal component equal in magnitude to the magnitude of the carrier in this mode. ( 3 ) As an alternative to paragraphs (b) (1) and (2) of this section other tones besides those specified may be used as modulating frequencies, upon a sufficient showing of need. However, any tones so chosen must not be harmonically related, the third and fifth order intermodulation products which occur must fall within the −25 dB step of the emission bandwidth limitation curve, the seventh and ninth order intermodulation product must fall within the 35 dB step of the referenced curve and the eleventh and all higher order products must fall beyond the −35 dB step of the referenced curve. ( 4 ) Independent sideband transmitters having two channels by 1700 Hz tones applied simultaneously in both channels, the input levels of the tones so adjusted that the two principal frequency components of the radio frequency signal produced are equal in magnitude. ( 5 ) Independent sideband transmitters having more than two channels by an appropriate signal or signals applied to all channels simultaneously. The input signal or signals shall simulate the input signals specified by the manufacturer for normal operation. ( 6 ) Single-channel controlled-carrier transmitters in the A3 emission mode—by a 2500 Hz tone. ( c ) For measurements conducted pursuant to paragraphs (a) and (b) of this section, all calculations and methods used by the applicant for determining carrier power or peak envelope power, as appropriate, on the basis of measured power in the radio frequency load attached to the transmitter output terminals shall be shown. Under the test conditions specified, no components of the emission spectrum shall exceed the limits specified in the applicable rule parts as necessary for meeting occupied bandwidth or emission limitations. [ 39 FR 5919 , Feb. 15, 1974. Redesignated and amended at 63 FR 36599 , July 7, 1998] § 2.1047 Measurements required: Modulation characteristics. ( a ) Voice modulated communication equipment. A curve or equivalent data showing the frequency response of the audio modulating circuit over a range of 100 to 5000 Hz shall be submitted. For equipment required to have an audio low-pass filter, a curve showing the frequency response of the filter, or of all circuitry installed between the modulation limiter and the modulated stage shall be submitted. ( b ) Equipment which employs modulation limiting. A curve or family of curves showing the percentage of modulation versus the modulation input voltage shall be supplied. The information submitted shall be sufficient to show modulation limiting capability throughout the range of modulating frequencies and input modulating signal levels employed. ( c ) Single sideband and independent sideband radiotelephone transmitters which employ a device or circuit to limit peak envelope power. A curve showing the peak envelope power output versus the modulation input voltage shall be supplied. The modulating signals shall be the same in frequency as specified in paragraph (c) of § 2.1049 for the occupied bandwidth tests. ( d ) Other types of equipment. A curve or equivalent data which shows that the equipment will meet the modulation requirements of the rules under which the equipment is to be licensed. [ 39 FR 5919 , Feb. 15, 1974. Redesignated and amended at 63 FR 36599 , July 7, 1998] § 2.1049 Measurements required: Occupied bandwidth. The occupied bandwidth, that is the frequency bandwidth such that, below its lower and above its upper frequency limits, the mean powers radiated are each equal to 0.5 percent of the total mean power radiated by a given emission shall be measured under the following conditions as applicable: ( a ) Radiotelegraph transmitters for manual operation when keyed at 16 dots per second. ( b ) Other keyed transmitters—when keyed at the maximum machine speed. ( c ) Radiotelephone transmitters equipped with a device to limit modulation or peak envelope power shall be modulated as follows. For single sideband and independent sideband transmitters, the input level of the modulating signal shall be 10 dB greater than that necessary to produce rated peak envelope power. ( 1 ) Other than single sideband or independent sideband transmitters—when modulated by a 2500 Hz tone at an input level 16 dB greater than that necessary to produce 50 percent modulation. The input level shall be established at the frequency of maximum response of the audio modulating circuit. ( 2 ) Single sideband transmitters in A3A or A3J emission modes—when modulated by two tones at frequencies of 400 Hz and 1800 Hz (for 3.0 kHz authorized bandwidth), or 500 Hz and 2100 Hz (for 3.5 kHz authorized bandwidth), or 500 Hz and 2400 Hz (for 4.0 kHz authorized bandwidth), applied simultaneously. The input levels of the tones shall be so adjusted that the two principal frequency components of the radio frequency signal produced are equal in magnitude. ( 3 ) Single sideband transmitters in the A3H emission mode—when modulated by one tone at a frequency of 1500 Hz (for 3.0 kHz authorized bandwidth), or 1700 Hz (for 3.5 kHz authorized bandwidth), or 1900 Hz (for 4.0 kHz authorized bandwidth), the level of which is adjusted to produce a radio frequency signal component equal in magnitude to the magnitude of the carrier in this mode. ( 4 ) As an alternative to paragraphs (c) (2) and (3) of this section, other tones besides those specified may be used as modulating frequencies, upon a sufficient showing of need. However, any tones so chosen must not be harmonically related, the third and fifth order intermodulation products which occur must fall within the −25 dB step of the emission bandwidth limitation curve, the seventh and ninth order products must fall within the −35 dB step of the referenced curve and the eleventh and all higher order products must fall beyond the −35 dB step of the referenced curve. ( 5 ) Independent sideband transmitters having two channels—when modulated by 1700 Hz tones applied simultaneously to both channels. The input levels of the tones shall be so adjusted that the two principal frequency components of the radio frequency signal produced are equal in magnitude. ( d ) Radiotelephone transmitters without a device to limit modulation or peak envelope power shall be modulated as follows. For single sideband and independent sideband transmitters, the input level of the modulating signal should be that necessary to produce rated peak envelope power. ( 1 ) Other than single sideband or independent sideband transmitters—when modulated by a 2500 Hz tone of sufficient level to produce at least 85 percent modulation. If 85 percent modulation is unattainable, the highest percentage modulation shall be used. ( 2 ) Single sideband transmitters in A3A or A3J emission modes—when modulated by two tones at frequencies of 400 Hz and 1800 Hz (for 3.0 kHz authorized bandwidth), or 500 Hz and 2100 Hz (for 3.5 kHz authorized bandwidth), or 500 Hz and 2400 Hz (for 4.0 kHz authorized bandwidth), applied simultaneously. The input levels of the tones shall be so adjusted that the two principal frequency components of the radio frequency signal produced are equal in magnitude. ( 3 ) Single sideband transmitters in the A3H emission mode—when modulated by one tone at a frequency of 1500 Hz (for 3.0 kHz authorized bandwidth), or 1700 Hz (for 3.5 kHz authorized bandwidth), or 1900 Hz (for 4.0 kHz authorized bandwidth), the level of which is adjusted to produce a radio frequency signal component equal in magnitude to the magnitude of the carrier in this mode. ( 4 ) As an alternative to paragraphs (d) (2) and (3) of this section, other tones besides those specified may be used as modulating frequencies, upon a sufficient showing of need. However any tones so chosen must not be harmonically related, the third and fifth order intermodulation products which occur must fall within the −25 dB step of the emission bandwidth limitation curve, the seventh and ninth order products must fall within the −35 dB step of the referenced curve and the eleventh and all higher order products must fall beyond the −35 dB step of the referenced curve. ( 5 ) Independent sideband transmitters having two channels—when modulated by 1700 Hz tones applied simultaneously to both channels. The input levels of the tones shall be so adjusted that the two principal frequency components of the radio frequency signal produced are equal in magnitude. ( e ) Transmitters for use in the Radio Broadcast Services: ( 1 ) AM broadcast transmitters for monaural operation—when amplitude modulated 85% by a 7,500 Hz input signal. ( 2 ) AM broadcast stereophonic operation—when the transmitter operated under any stereophonic modulation condition not exceeding 100% on negative peaks and tested under the conditions specified in § 73.128 in part 73 of the FCC rules for AM broadcast stations. ( 3 ) FM broadcast transmitter not used for multiplex operation—when modulated 85 percent by a 15 kHz input signal. ( 4 ) FM broadcast transmitters for multiplex operation under Subsidiary Communication Authorization (SCA)—when carrier is modulated 70 percent by a 15 kHz main channel input signal, and modulated an additional 15 percent simultaneously by a 67 kHz subcarrier (unmodulated). ( 5 ) FM broadcast transmitter for stereophonic operation—when modulated by a 15 kHz input signal to the main channel, a 15 kHz input signal to the stereophonic subchannel, and the pilot subcarrier simultaneously. The input signals to the main channel and stereophonic subchannel each shall produce 38 percent modulation of the carrier. The pilot subcarrier should produce 9 percent modulation of the carrier. ( 6 ) Television broadcast monaural transmitters—when modulated 85% by a 15 kHz input signal. ( 7 ) Television broadcast stereophonic sound transmitters—when the transmitter is modulated with a 15 kHz input signal to the main channel and the stereophonic subchannel, any pilot subcarrier(s) and any unmodulated auxiliary subcarrier(s) which may be provided. The signals to the main channel and the stereophonic subchannel must be representative of the system being tested and when combined with any pilot subcarrier(s) or other auxiliary subcarriers shall result in 85% deviation of the maximum specified aural carrier deviation. ( f ) Transmitters for which peak frequency deviation (D) is determined in accordance with § 2.202(f) , and in which the modulating baseband comprises more than 3 independent speech channels—when modulated by a test signal determined in accordance with the following: ( 1 ) A modulation reference level is established for the characteristic baseband frequency. (Modulation reference level is defined as the average power level of a sinusoidal test signal delivered to the modulator input which provides the specified value of per-channel deviation.) ( 2 ) Modulation reference level being established, the total rms deviation of the transmitter is measured when a test signal consisting of a band of random noise extending from below 20 kHz to the highest frequency in the baseband, is applied to the modulator input through any preemphasis networks used in normal service. The average power level of the test signal shall exceed the modulation reference level by the number of decibels determined using the appropriate formula in the following table: Number of message circuits that modulate the transmitter Number of dB by which the average power (P avg ) level test signal shall exceed the modulation reference level Limits of P avg (dBm0) More than 3, but less than 12 To be specified by the equipment manufacturer subject to FCC approval At least 12, but less than 60 X + 2 log 10 N c X: −2 to + 2.6 At least 60, but less than 240 X + 4 log 10 N c X: −5.6 to −1.0 240 or more X + 10 log 10 N c X: −19.6 to −15.0 Where X represents the average power in a message circuit in dBm0; N c is the number of circuits in the multiplexed message load. P avg shall be selected by the transmitter manufacturer and included with the technical data submitted with the application for type acceptance. (See § 2.202(e) in this chapter.) ( g ) Transmitters in which the modulating baseband comprises not more than three independent channels—when modulated by the full complement of signals for which the transmitter is rated. The level of modulation for each channel should be set to that prescribed in rule parts applicable to the services for which the transmitter is intended. If specific modulation levels are not set forth in the rules, the tests should provide the manufacturer's maximum rated condition. ( h ) Transmitters employing digital modulation techniques—when modulated by an input signal such that its amplitude and symbol rate represent the maximum rated conditions under which the equipment will be operated. The signal shall be applied through any filter networks, pseudo-random generators or other devices required in normal service. Additionally, the occupied bandwidth shall be shown for operation with any devices used for modifying the spectrum when such devices are optional at the discretion of the user. ( i ) Transmitters designed for other types of modulation—when modulated by an appropriate signal of sufficient amplitude to be representative of the type of service in which used. A description of the input signal should be supplied. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154 , 303 , 307 ) [ 39 FR 5919 , Feb. 15, 1974, as amended at 39 FR 35664 , Oct. 3, 1974; 47 FR 13164 , Mar. 29, 1982; 48 FR 16493 , Apr. 18, 1983; 49 FR 18105 , Apr. 27, 1984. Redesignated at 63 FR 36599 , July 7, 1998] § 2.1051 Measurements required: Spurious emissions at antenna terminals. The radio frequency voltage or powers generated within the equipment and appearing on a spurious frequency shall be checked at the equipment output terminals when properly loaded with a suitable artificial antenna. Curves or equivalent data shall show the magnitude of each harmonic and other spurious emission that can be detected when the equipment is operated under the conditions specified in § 2.1049 as appropriate. The magnitude of spurious emissions which are attenuated more than 20 dB below the permissible value need not be specified. [ 39 FR 5919 , Feb. 15, 1974. Redesignated and amended at 63 FR 36599 , July 7, 1998] § 2.1053 Measurements required: Field strength of spurious radiation. ( a ) Measurements shall be made to detect spurious emissions that may be radiated directly from the cabinet, control circuits, power leads, or intermediate circuit elements under normal conditions of installation and operation. Curves or equivalent data shall be supplied showing the magnitude of each harmonic and other spurious emission. For this test, single sideband, independent sideband, and controlled carrier transmitters shall be modulated under the conditions specified in paragraph (c) of § 2.1049 , as appropriate. For equipment operating on frequencies below 890 MHz, an open field test is normally required, with the measuring instrument antenna located in the far-field at all test frequencies. In the event it is either impractical or impossible to make open field measurements (e.g. a broadcast transmitter installed in a building) measurements will be accepted of the equipment as installed. Such measurements must be accompanied by a description of the site where the measurements were made showing the location of any possible source of reflections which might distort the field strength measurements. Information submitted shall include the relative radiated power of each spurious emission with reference to the rated power output of the transmitter, assuming all emissions are radiated from halfwave dipole antennas. ( b ) The measurements specified in paragraph (a) of this section shall be made for the following equipment: ( 1 ) Those in which the spurious emissions are required to be 60 dB or more below the mean power of the transmitter. ( 2 ) All equipment operating on frequencies higher than 25 MHz. ( 3 ) All equipment where the antenna is an integral part of, and attached directly to the transmitter. ( 4 ) Other types of equipment as required, when deemed necessary by the Commission. [ 39 FR 5919 , Feb. 15, 1974. Redesignated and amended at 63 FR 36599 , July 7, 1998] § 2.1055 Measurements required: Frequency stability. ( a ) The frequency stability shall be measured with variation of ambient temperature as follows: ( 1 ) From −30° to + 50° centigrade for all equipment except that specified in paragraphs (a) (2) and (3) of this section. ( 2 ) From −20° to + 50° centigrade for equipment to be licensed for use in the Maritime Services under part 80 of this chapter , except for Class A, B, and S Emergency Position Indicating Radiobeacons (EPIRBS), and equipment to be licensed for use above 952 MHz at operational fixed stations in all services, stations in the Local Television Transmission Service and Point-to-Point Microwave Radio Service under part 21 of this chapter , equipment licensed for use aboard aircraft in the Aviation Services under part 87 of this chapter , and equipment authorized for use in the Family Radio Service under part 95 of this chapter . ( 3 ) From 0° to + 50° centigrade for equipment to be licensed for use in the Radio Broadcast Services under part 73 of this chapter . ( b ) Frequency measurements shall be made at the extremes of the specified temperature range and at intervals of not more than 10° centigrade through the range. A period of time sufficient to stabilize all of the components of the oscillator circuit at each temperature level shall be allowed prior to frequency measurement. The short term transient effects on the frequency of the transmitter due to keying (except for broadcast transmitters) and any heating element cycling normally occurring at each ambient temperature level also shall be shown. Only the portion or portions of the transmitter containing the frequency determining and stabilizing circuitry need be subjected to the temperature variation test. ( c ) In addition to all other requirements of this section, the following information is required for equipment incorporating heater type crystal oscillators to be used in mobile stations, for which type acceptance is first requested after March 25, 1974, except for battery powered, hand carried, portable equipment having less than 3 watts mean output power. ( 1 ) Measurement data showing variation in transmitter output frequency from a cold start and the elapsed time necessary for the frequency to stabilize within the applicable tolerance. Tests shall be made after temperature stabilization at each of the ambient temperature levels; the lower temperature limit, 0° centigrade and + 30° centigrade with no primary power applied. ( 2 ) Beginning at each temperature level specified in paragraph (c)(1) of this section, the frequency shall be measured within one minute after application of primary power to the transmitter and at intervals of no more than one minute thereafter until ten minutes have elapsed or until sufficient measurements are obtained to indicate clearly that the frequency has stabilized within the applicable tolerance, whichever time period is greater. During each test, the ambient temperature shall not be allowed to rise more than 10° centigrade above the respective beginning ambient temperature level. ( 3 ) The elapsed time necessary for the frequency to stabilize within the applicable tolerance from each beginning ambient temperature level as determined from the tests specified in this paragraph shall be specified in the instruction book for the transmitter furnished to the user. ( 4 ) When it is impracticable to subject the complete transmitter to this test because of its physical dimensions or power rating, only its frequency determining and stabilizing portions need be tested. ( d ) The frequency stability shall be measured with variation of primary supply voltage as follows: ( 1 ) Vary primary supply voltage from 85 to 115 percent of the nominal value for other than hand carried battery equipment. ( 2 ) For hand carried, battery powered equipment, reduce primary supply voltage to the battery operating end point which shall be specified by the manufacturer. ( 3 ) The supply voltage shall be measured at the input to the cable normally provided with the equipment, or at the power supply terminals if cables are not normally provided. Effects on frequency of transmitter keying (except for broadcast transmitters) and any heating element cycling at the nominal supply voltage and at each extreme also shall be shown. ( e ) When deemed necessary, the Commission may require tests of frequency stability under conditions in addition to those specifically set out in paragraphs (a) , (b) , (c) , and (d) of this section. (For example measurements showing the effect of proximity to large metal objects, or of various types of antennas, may be required for portable equipment.) [ 39 FR 5919 , Feb. 14, 1974, as amended at 51 FR 31304 , Sept. 2, 1986; 56 FR 11682 , Mar. 20, 1991. Redesignated at 63 FR 36599 , July 7, 1998. 68 FR 68545 , Dec. 9, 2003] § 2.1057 Frequency spectrum to be investigated. ( a ) In all of the measurements set forth in §§ 2.1051 and 2.1053 , the spectrum shall be investigated from the lowest radio frequency signal generated in the equipment, without going below 9 kHz, up to at least the frequency shown below: ( 1 ) If the equipment operates below 10 GHz: to the tenth harmonic of the highest fundamental frequency or to 40 GHz, whichever is lower. ( 2 ) If the equipment operates at or above 10 GHz and below 30 GHz: to the fifth harmonic of the highest fundamental frequency or to 100 GHz, whichever is lower. ( 3 ) If the equipment operates at or above 30 GHz: to the fifth harmonic of the highest fundamental frequency or to 200 GHz, whichever is lower. ( b ) Particular attention should be paid to harmonics and subharmonics of the carrier frequency as well as to those frequencies removed from the carrier by multiples of the oscillator frequency. Radiation at the frequencies of multiplier stages should also be checked. ( c ) The amplitude of spurious emissions which are attenuated more than 20 dB below the permissible value need not be reported. ( d ) Unless otherwise specified, measurements above 40 GHz shall be performed using a minimum resolution bandwidth of 1 MHz. [ 61 FR 14502 , Apr. 2, 1996. Redesignated and amended at 63 FR 36599 , July 7, 1998] § 2.1060 Equipment for use in the amateur radio service. ( a ) The general provisions of §§ 2.925 , 2.1031 , 2.1033 , 2.1041 , 2.1043 , 2.1051 , 2.1053 and 2.1057 shall apply to applications for, and grants of, certification for equipment operated under the requirements of part 97 of this chapter , the Amateur Radio Service. ( b ) When performing the tests specified in §§ 2.1051 and 2.1053 of this part, the center of the transmitted bandwidth shall be within the operating frequency band by an amount equal to 50 percent of the bandwidth utilized for the tests. In addition, said tests shall be made on at least one frequency in each of the bands within which the equipment is capable of tuning. ( c ) Certification of external radio frequency power amplifiers may be denied when denial would prevent the use of these amplifiers in services other than the Amateur Radio Service. [ 63 FR 36601 , July 7, 1998, as amended at 71 FR 66461 , Nov. 15, 2006] Supplier's Declaration of Conformity § 2.1071 Cross reference. The general provisions of this subpart shall apply to equipment subject to Supplier's Declaration of Conformity. [ 82 FR 50829 , Nov. 2, 2017] § 2.1072 Limitation on Supplier's Declaration of Conformity. ( a ) Supplier's Declaration of Conformity signifies that the responsible party, as defined in § 2.909 , has determined that the equipment has been shown to comply with the applicable technical standards and other applicable requirements if no unauthorized change is made in the equipment and if the equipment is properly maintained and operated. Compliance with these standards and other applicable requirements shall not be construed to be a finding by the responsible party with respect to matters not encompassed by the Commission's rules. ( b ) Supplier's Declaration of Conformity by the responsible party, as defined in § 2.909 , is effective until a termination date is otherwise established by the Commission. ( c ) No person shall, in any advertising matter, brochure, etc., use or make reference to Supplier's Declaration of Conformity in a deceptive or misleading manner or convey the impression that such Supplier's Declaration of Conformity reflects more than a determination by the manufacturer, importer, integrator, or responsible party, as defined in § 2.909 , that the device or product has been shown to be capable of complying with the applicable technical standards of the Commission's rules. [ 82 FR 50829 , Nov. 2, 2017, as amended at 88 FR 7625 , Feb. 6, 2023] § 2.1074 Identification. ( a ) Devices subject only to Supplier's Declaration of Conformity shall be uniquely identified by the party responsible for marketing or importing the equipment within the United States. However, the identification shall not be of a format which could be confused with the FCC Identifier required on certified equipment. The responsible party shall maintain adequate identification records to facilitate positive identification for each device. ( b ) Devices subject to authorization under Supplier's Declaration of Conformity may be labeled with the following logo on a voluntary basis as a visual indication that the product complies with the applicable FCC requirements. The use of the logo on the device does not alleviate the requirement to provide the compliance information required by § 2.1077 . [ 82 FR 50829 , Nov. 2, 2017] § 2.1077 Compliance information. ( a ) If a product must be tested and authorized under Supplier's Declaration of Conformity, a compliance information statement shall be supplied with the product at the time of marketing or importation, containing the following information: ( 1 ) Identification of the product, e.g., name and model number; ( 2 ) A compliance statement as applicable, e.g., for devices subject to part 15 of this chapter as specified in § 15.19(a)(3) of this chapter , that the product complies with the rules; and ( 3 ) The identification, by name, address and telephone number or Internet contact information, of the responsible party, as defined in § 2.909 . The responsible party for Supplier's Declaration of Conformity must be located within the United States. ( b ) If a product is assembled from modular components ( e.g., enclosures, power supplies and CPU boards) that, by themselves, are authorized under a Supplier's Declaration of Conformity and/or a grant of certification, and the assembled product is also subject to authorization under Supplier's Declaration of Conformity but, in accordance with the applicable regulations, does not require additional testing, the product shall be supplied, at the time of marketing or importation, with a compliance information statement containing the following information: ( 1 ) Identification of the assembled product, e.g., name and model number. ( 2 ) Identification of the modular components used in the assembly. A modular component authorized under Supplier's Declaration of Conformity shall be identified as specified in paragraph (a)(1) of this section. A modular component authorized under a grant of certification shall be identified by name and model number (if applicable) along with the FCC Identifier number. ( 3 ) A statement that the product complies with part 15 of this chapter . ( 4 ) The identification, by name, address and telephone number or Internet contact information, of the responsible party who assembled the product from modular components, as defined in § 2.909 . The responsible party for Supplier's Declaration of Conformity must be located within the United States. ( 5 ) Copies of the compliance information statements for each modular component used in the system that is authorized under Supplier's Declaration of Conformity. ( c ) The compliance information statement shall be included in the user's manual or as a separate sheet. In cases where the manual is provided only in a form other than paper, such as on a computer disk or over the Internet, the information required by this section may be included in the manual in that alternative form, provided the user can reasonably be expected to have the capability to access information in that form. The information may be provided electronically as permitted in § 2.935 . [ 82 FR 50829 , Nov. 2, 2017] Radiofrequency Radiation Exposure § 2.1091 Radiofrequency radiation exposure evaluation: mobile devices. ( a ) Requirements of this section are a consequence of Commission responsibilities under the National Environmental Policy Act to evaluate the environmental significance of its actions. See subpart I of part 1 of this chapter , in particular § 1.1307(b) . ( b ) For purposes of this section, the definitions in § 1.1307(b)(2) of this chapter shall apply. A mobile device is defined as a transmitting device designed to be used in other than fixed locations and to generally be used in such a way that a separation distance of at least 20 centimeters is normally maintained between the RF source's radiating structure(s) and the body of the user or nearby persons. In this context, the term “fixed location” means that the device is physically secured at one location and is not able to be easily moved to another location while transmitting. Transmitting devices designed to be used by consumers or workers that can be easily re-located, such as wireless devices associated with a personal desktop computer, are considered to be mobile devices if they meet the 20-centimeter separation requirement. ( c ) ( 1 ) Evaluation of compliance with the exposure limits in § 1.1310 of this chapter , and preparation of an EA if the limits are exceeded, is necessary for mobile devices with single RF sources having either more than an available maximum time-averaged power of 1 mW or more than the ERP listed in Table 1 to § 1.1307(b)(3)(i)(C) , whichever is greater. For mobile devices not exempt by § 1.1307(b)(3)(i)(C) at distances from 20 centimeters to 40 centimeters and frequencies from 0.3 GHz to 6 GHz, evaluation of compliance with the exposure limits in § 1.1310 of this chapter is necessary if the ERP of the device is greater than ERP 20cm in the formula below. If the ERP of a single RF source at distances from 20 centimeters to 40 centimeters and frequencies from 0.3 GHz to 6 GHz is not easily obtained, then the available maximum time-averaged power may be used ( i.e., without consideration of ERP) in comparison with the following formula only if the physical dimensions of the radiating structure(s) do not exceed the electrical length of λ/4 or if the antenna gain is less than that of a half-wave dipole (1.64 linear value). ( 2 ) For multiple mobile or portable RF sources within a device operating in the same time averaging period, routine environmental evaluation is required if the formula in § 1.1307(b)(3)(ii)(B) of this chapter is applied to determine the exemption ratio and the result is greater than 1. ( 3 ) Unless otherwise specified in this chapter, any other single mobile or multiple mobile and portable RF source(s) associated with a device is exempt from routine environmental evaluation for RF exposure prior to equipment authorization or use, except as specified in § 1.1307(c) and (d) of this chapter . ( d ) ( 1 ) Applications for equipment authorization of mobile RF sources subject to routine environmental evaluation must contain a statement confirming compliance with the limits specified in § 1.1310 of this chapter as part of their application. Technical information showing the basis for this statement must be submitted to the Commission upon request. In general, maximum time-averaged power levels must be used for evaluation. All unlicensed personal communications service (PCS) devices and unlicensed NII devices shall be subject to the limits for general population/uncontrolled exposure. ( 2 ) ( i ) For purposes of analyzing mobile transmitting devices under the occupational/controlled criteria specified in § 1.1310 of this chapter , time averaging provisions of the limits may be used in conjunction with the maximum duty factor to determine maximum time-averaged exposure levels under normal operating conditions. ( ii ) Such time averaging provisions based on maximum duty factor may not be used in determining exposure levels for devices intended for use by consumers in general population/uncontrolled environments as defined in § 1.1310 of this chapter . However, “source-based” time averaging based on an inherent property of the RF source is allowed over a time period not to exceed 30 minutes. An example of this is the determination of exposure from a device that uses digital technology such as a time-division multiple-access (TDMA) scheme for transmission of a signal. ( 3 ) If appropriate, awareness of exposure from devices in this section can be accomplished by the use of visual advisories (such as labeling, embossing, or on an equivalent electronic display) and by providing users with information concerning minimum separation distances from radiating structures and proper installation of antennas. ( i ) Visual advisories shall be legible and clearly visible to the user from the exterior of the device. ( ii ) Visual advisories used on devices that are subject to occupational/controlled exposure limits must indicate that the device is for occupational use only, must refer the user to specific information on RF exposure, such as that provided in a user manual, and must note that the advisory and its information is required for FCC RF exposure compliance. Such instructional material must provide the user with information on how to use the device in order to ensure compliance with the occupational/controlled exposure limits. ( iii ) A sample of the visual advisory, illustrating its location on the device, and any instructional material intended to accompany the device when marketed, shall be filed with the Commission along with the application for equipment authorization. ( iv ) For occupational devices, details of any special training requirements pertinent to limiting RF exposure should also be submitted. Holders of grants for mobile devices to be used in occupational settings are encouraged, but not required, to coordinate with end-user organizations to ensure appropriate RF safety training. ( 4 ) In some cases, e.g., modular or desktop transmitters, the potential conditions of use of a device may not allow easy classification of that device as either mobile or portable (also see § 2.1093 ). In such cases, applicants are responsible for determining minimum distances for compliance for the intended use and installation of the device based on evaluation of either specific absorption rate (SAR), field strength or power density, whichever is most appropriate. [ 61 FR 41017 , Aug. 7, 1996, as amended at 62 FR 4655 , Jan. 31, 1997; 62 FR 9658 , Mar. 3, 1997; 62 FR 47966 , Sept. 12, 1997; 68 FR 38638 , June 30, 2003; 69 FR 3264 , Jan. 23, 2004; 70 FR 24725 , May 11, 2005; 78 FR 21559 , Apr. 11, 2013; 78 FR 29062 , May 17, 2013; 78 FR 33651 , June 4, 2013; 80 FR 36221 , June 23, 2015; 81 FR 79936 , Nov. 14, 2016; 82 FR 43870 , Sept. 20, 2017; 84 FR 25689 , June 4, 2019; 85 FR 38739 , June 26, 2020; 85 FR 18146 , Apr. 1, 2020] § 2.1093 Radiofrequency radiation exposure evaluation: portable devices. ( a ) Requirements of this section are a consequence of Commission responsibilities under the National Environmental Policy Act to evaluate the environmental significance of its actions. See subpart I of part 1 of this chapter , in particular § 1.1307(b) . ( b ) For purposes of this section, the definitions in § 1.1307(b)(2) of this chapter shall apply. A portable device is defined as a transmitting device designed to be used in other than fixed locations and to generally be used in such a way that the RF source's radiating structure(s) is/are within 20 centimeters of the body of the user. ( c ) ( 1 ) Evaluation of compliance with the exposure limits in § 1.1310 of this chapter , and preparation of an EA if the limits are exceeded, is necessary for portable devices having single RF sources with more than an available maximum time-averaged power of 1 mW, more than the ERP listed in Table 1 to § 1.1307(b)(3)(i)(C) , or more than the P th in the following formula, whichever is greater. The following formula shall only be used in conjunction with portable devices not exempt by § 1.1307(b)(3)(i)(C) at distances from 0.5 centimeters to 20 centimeters and frequencies from 0.3 GHz to 6 GHz. d = the minimum separation distance (cm) in any direction from any part of the device antenna(s) or radiating structure(s) to the body of the device user. ( 2 ) For multiple mobile or portable RF sources within a device operating in the same time averaging period, evaluation is required if the formula in § 1.1307(b)(3)(ii)(B) of this chapter is applied to determine the exemption ratio and the result is greater than 1. ( 3 ) Unless otherwise specified in this chapter, any other single portable or multiple mobile and portable RF source(s) associated with a device is exempt from routine environmental evaluation for RF exposure prior to equipment authorization or use, except as specified in § 1.1307(c) and (d) of this chapter . ( d ) ( 1 ) Applications for equipment authorization of portable RF sources subject to routine environmental evaluation must contain a statement confirming compliance with the limits specified in § 1.1310 of this chapter as part of their application. Technical information showing the basis for this statement must be submitted to the Commission upon request. The SAR limits specified in § 1.1310(a) through (c) of this chapter shall be used for evaluation of portable devices transmitting in the frequency range from 100 kHz to 6 GHz. Portable devices that transmit at frequencies above 6 GHz shall be evaluated in terms of the MPE limits specified in Table 1 to § 1.1310(e)(1) of this chapter . A minimum separation distance applicable to the operating configurations and exposure conditions of the device shall be used for the evaluation. In general, maximum time-averaged power levels must be used for evaluation. All unlicensed personal communications service (PCS) devices and unlicensed NII devices shall be subject to the limits for general population/uncontrolled exposure. ( 2 ) Evaluation of compliance with the SAR limits can be demonstrated by either laboratory measurement techniques or by computational modeling. The latter must be supported by adequate documentation showing that the numerical method as implemented in the computational software has been fully validated; in addition, the equipment under test and exposure conditions must be modeled according to protocols established by FCC-accepted numerical computation standards or available FCC procedures for the specific computational method. Guidance regarding SAR measurement techniques can be found in the Office of Engineering and Technology (OET) Laboratory Division Knowledge Database (KDB). The staff guidance provided in the KDB does not necessarily represent the only acceptable methods for measuring RF exposure or RF emissions, and is not binding on the Commission or any interested party. ( 3 ) For purposes of analyzing portable RF sources under the occupational/controlled SAR criteria specified in § 1.1310 of this chapter , time averaging provisions of the limits may be used in conjunction with the maximum duty factor to determine maximum time-averaged exposure levels under normal operating conditions. ( 4 ) The time averaging provisions for occupational/controlled SAR criteria, based on maximum duty factor, may not be used in determining typical exposure levels for portable devices intended for use by consumers, such as cellular telephones, that are considered to operate in general population/uncontrolled environments as defined in § 1.1310 of this chapter . However, “source-based” time averaging based on an inherent property of the RF source is allowed over a time period not to exceed 30 minutes. An example of this would be the determination of exposure from a device that uses digital technology such as a time-division multiple-access (TDMA) scheme for transmission of a signal. ( 5 ) Visual advisories (such as labeling, embossing, or on an equivalent electronic display) on portable devices designed only for occupational use can be used as part of an applicant's evidence of the device user's awareness of occupational/controlled exposure limits. Such visual advisories shall be legible and clearly visible to the user from the exterior of the device. Visual advisories must indicate that the device is for occupational use only, refer the user to specific information on RF exposure, such as that provided in a user manual and note that the advisory and its information is required for FCC RF exposure compliance. Such instructional material must provide users with information on how to use the device and to ensure users are fully aware of and able to exercise control over their exposure to satisfy compliance with the occupational/controlled exposure limits. A sample of the visual advisory, illustrating its location on the device, and any instructional material intended to accompany the device when marketed, shall be filed with the Commission along with the application for equipment authorization. Details of any special training requirements pertinent to mitigating and limiting RF exposure should also be submitted. Holders of grants for portable devices to be used in occupational settings are encouraged, but not required, to coordinate with end-user organizations to ensure appropriate RF safety training. ( 6 ) General population/uncontrolled exposure limits defined in § 1.1310 of this chapter apply to portable devices intended for use by consumers or persons who are exposed as a consequence of their employment and may not be fully aware of the potential for exposure or cannot exercise control over their exposure. No communication with the consumer including either visual advisories or manual instructions will be considered sufficient to allow consumer portable devices to be evaluated subject to limits for occupational/controlled exposure specified in § 1.1310 of this chapter . [ 61 FR 41017 , Aug. 7, 1996, as amended at 62 FR 4655 , Jan. 31, 1997; 62 FR 9658 , Mar. 3, 1997; 62 FR 47967 , Sept. 12, 1997; 65 FR 44007 , July 17, 2000; 68 FR 38638 , June 30, 2003; 69 FR 3264 , Jan. 23, 2004; 70 FR 24725 , May 11, 2005; 74 FR 22704 , May 14, 2009; 76 FR 67607 , Nov. 2, 2011; 78 FR 21559 , Apr. 11, 2013; 78 FR 33652 , June 4, 2013; 80 FR 36221 , June 23, 2015; 81 FR 79936 , Nov. 14, 2016; 82 FR 43870 , Sept. 20, 2017; 84 FR 25689 , June 4, 2019; 85 FR 18147 , Apr. 1, 2020; 85 FR 38739 , June 26, 2020] Subpart K—Importation of Devices Capable of Causing Harmful Interference § 2.1201 Purpose. ( a ) In order to carry out its responsibilities under the Communications Act and the various treaties and international regulations, and in order to promote efficient use of the radio spectrum, the Commission has developed technical standards for radio frequency equipment. The technical standards applicable to individual types of equipment are found in that part of the rules governing the service wherein the equipment is to be operated. In addition to the technical standards, the rules governing the service may require that such equipment receive an equipment authorization from the Commission as a prerequisite for marketing and importing this equipment into the U.S.A. The marketing rules, § 2.801 et seq., were adopted pursuant to the authority in section 302 of the Communications Act of 1934, as amended ( 47 U.S.C. 302 ). ( b ) The rules in this subpart set out the conditions under which radio frequency devices as defined in § 2.801 that are capable of causing harmful interference to radio communications may be imported into the U.S.A. ( c ) Nothing in this section prevents importers from shipping goods into foreign trade zones or Customs bonded warehouses, such as is the prescribed procedure under § 2.1204(a)(5) . Radio frequency devices capable of causing harmful interference, however, cannot be withdrawn from these areas except in accordance with the provisions of this section. [ 41 FR 25904 , June 23, 1976, as amended at 54 FR 17714 , Apr. 25, 1989; 56 FR 26619 , June 10, 1991; 57 FR 38286 , Aug. 24, 1992; 82 FR 50829 , Nov. 2, 2017] § 2.1202 Exclusions. The provisions of this subpart do not apply to the importation of: ( a ) Unintentional radiators that are exempted from technical standards and other requirements as specified in § 15.103 of this chapter or utilize low level battery power and that do not contain provisions for operation while connected to AC power lines. ( b ) Radio frequency devices manufactured and assembled in the U.S.A. that meet applicable FCC technical standards and that have not been modified or received further assembly. ( c ) Radio frequency devices previously properly imported that have been exported for repair and re-imported for use. ( d ) Subassemblies, parts, or components of radio frequency devices unless they constitute an essentially completed device which requires only the addition of cabinets, knobs, speakers, or similar minor attachments before marketing or use. This exclusion does not apply to computer circuit boards that are actually peripheral devices as defined in § 15.3(r) of this chapter and all devices that, by themselves, are subject to FCC marketing rules. [ 82 FR 50830 , Nov. 2, 2017] § 2.1203 General requirement for entry into the U.S.A. ( a ) No radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee, or their designated customs broker, determines that the device meets one of the conditions for entry set out in § 2.1204 . ( b ) Failure to satisfy at least one of the entry conditions for importation of radio frequency devices may result in refused entry, refused withdrawal for consumption, required redelivery to the Customs port, and other administrative, civil and criminal remedies provided by law. ( c ) Whoever makes a determination pursuant to § 2.1203(a) must provide, upon request made within one year of the date of entry, documentation on how an imported radio frequency device was determined to be in compliance with Commission requirements. [ 82 FR 50830 , Nov. 2, 2017] § 2.1204 Import conditions. ( a ) Radio frequency devices may be imported only if one or more of these conditions are met: ( 1 ) The radio frequency device has been issued an equipment authorization by the FCC. ( 2 ) The radio frequency device is not required to have an equipment authorization and the device complies with FCC technical administrative regulations. ( 3 ) The radio frequency device is being imported in quantities of 4,000 or fewer units for testing and evaluation to determine compliance with the FCC Rules and Regulations, product development, or suitability for marketing. The devices will not be offered for sale or marketed. ( i ) Prior to importation of a greater number of units than shown in paragraph (a)(3) of this section, written approval must be obtained from the Chief, Office of Engineering and Technology, FCC; and ( ii ) Distinctly different models of a device and separate generations of a particular model under development are considered to be separate devices. ( 4 ) The radio frequency device is being imported in limited quantities for demonstration at industry trade shows and the device will not be offered for sale or marketed. The phrase “limited quantities,” in this context means: ( i ) 400 or fewer devices. ( ii ) Prior to importation of a greater number of units than shown above, written approval must be obtained from the Chief, Office of Engineering and Technology, FCC. ( iii ) Distinctly different models of a product and separate generations of a particular model under development are considered to be separate devices. ( iv ) Distinctly different models of a product and separate generations of a particular model under development are considered to be separate devices. ( 5 ) The radio frequency device is being imported solely for export. The device will not be marketed or offered for sale in the U.S., except: ( i ) If the device is a foreign standard cellular phone solely capable of functioning outside the U.S. ( ii ) If the device is a multi-mode wireless handset that has been certified under the Commission's rules and a component (or components) of the handset is a foreign standard cellular phone solely capable of functioning outside the U.S. ( 6 ) The radio frequency device is being imported for use exclusively by the U.S. Government. ( 7 ) Three or fewer radio frequency devices are being imported for the individual's personal use and are not intended for sale. Unless exempted otherwise in this chapter, the permitted devices must be from one or more of the following categories: ( i ) Unintentional radiator as defined in part 15 of this chapter which may include radio receivers, computers or other Class B digital devices in part 15 of this chapter . ( ii ) Consumer ISM equipment as defined in part 18 of this chapter . ( iii ) Intentional radiators subject to part 15 rules only if they can be used in client modes as specified in § 15.202 of this chapter . ( iv ) Transmitters operating under rules which require a station license as subscribers permitted under § 1.903 of this chapter and operated under the authority of an operator license issued by the Commission. ( 8 ) The radio frequency device is being imported for repair and will not be offered for sale or marketed. ( 9 ) The radio frequency device is a medical implant transmitter inserted in a person or a medical body-worn transmitter as defined in part 95, granted entry into the United States or is a control transmitter associated with such an implanted or body-worn transmitter, provided, however that the transmitters covered by this provision otherwise comply with the technical requirements applicable to transmitters authorized to operate in the Medical Device Radiocommunication Service (MedRadio) under part 95 of this chapter . Such transmitters are permitted to be imported without the issuance of a grant of equipment authorization only for the personal use of the person in whom the medical implant transmitter has been inserted or on whom the medical body-worn transmitter is applied. ( 10 ) Three or fewer portable earth-station transceivers, as defined in § 25.129 of this chapter , are being imported by a traveler as personal effects and will not be offered for sale or lease in the United States. ( 11 ) The radio frequency device is subject to Certification under § 2.907 and is being imported in quantities of 12,000 or fewer units for pre-sale activity. For purposes of this paragraph, quantities are determined by the number of devices with the same FCC ID. ( i ) The Chief, Office of Engineering and Technology, may approve importation of a greater number of units in a manner otherwise consistent with paragraph (a)(11) of this section in response to a specific request. ( ii ) Pre-sale activity includes packaging and transferring physical possession of devices to distribution centers and retailers. Pre-sale activity does not include display or demonstration of devices. Except as provided in § 2.803(c)(2)(i) , the devices must not be delivered to end users, displayed, operated, or sold until equipment Certification under § 2.907 has been obtained. ( iii ) Radiofrequency devices can only be imported under the exception of paragraph (a)(11) of this section after compliance testing by an FCC-recognized accredited testing laboratory is completed and an application for certification is submitted to an FCC-recognized Telecommunication Certification Body pursuant to § 2.911 of this part ; ( iv ) Each device, or its packaging, imported under this exception must prominently display a visible temporary removable label stating: “This device cannot be delivered to end users, displayed, or operated until the device receives certification from the FCC. Under penalty of law, this label must not be removed prior to receiving an FCC certification grant.” ( v ) Notwithstanding § 2.926 , radiofrequency devices imported pursuant to paragraph (a)(11) of this section may include the expected FCC ID if obscured by the temporary label described in paragraph (a)(11)(iv) this section or, in the case of electronic labeling, if it cannot be viewed prior to authorization. ( vi ) The radiofrequency devices must remain under legal ownership of the device manufacturer, developer, importer or ultimate consignee, or their designated customs broker, and only transferring physical possession of the devices for pre-sale activity as defined in paragraph (a)(11) of this section is permitted prior to Grant of Certification under § 2.907 . The device manufacturer, developer, importer or ultimate consignee, or their designated customs broker must have processes in place to retrieve the equipment in the event that the equipment is not successfully certified and must complete such retrieval immediately after a determination is made that certification cannot be successfully completed. ( vii ) The device manufacturer, developer, importer or ultimate consignee, or their designated customs broker must maintain, for a period of sixty (60) months, records identifying the recipient of devices imported for pre-sale activities. Such records must identify the device name and product identifier, the quantity shipped, the date on which the device authorization was sought, the expected FCC ID number, and the identity of the recipient, including contact information. The device manufacturer, developer, importer or ultimate consignee, or their designated customs broker must provide records maintained under this provision upon the request of Commission personnel. ( b ) The ultimate consignee must be able to document compliance with the selected import condition and the basis for determining the import condition applied. [ 56 FR 26619 , June 10, 1991, as amended at 57 FR 38286 , Aug. 24, 1992; 61 FR 8477 , Mar. 5, 1996; 63 FR 31646 , June 10, 1998; 64 FR 69929 , Dec. 15, 1999; 64 FR 72572 , Dec. 28, 1999; 69 FR 5709 , Feb. 6, 2004; 74 FR 22704 , May 14, 2009; 78 FR 25162 , Apr. 29, 2013; 82 FR 50830 , Nov. 2, 2017; 86 FR 52100 , Sept. 20, 2021] § 2.1207 Examination of imported equipment. In order to determine compliance with its regulations, Commission representatives may examine or test any radio frequency device that is imported. If such radio frequency device has already entered the U.S., the ultimate consignee or subsequent owners of that device must, upon request, made within one year of the date of entry, make that device available for examination or testing by the Commission. [ 56 FR 26620 , June 10, 1991] Subpart L [Reserved] Subpart M—Advance Approval of Subscription TV Transmission Systems Advance Approval Procedure § 2.1400 Application for advance approval under part 73. ( a ) An original application for advance approval of a subscription TV (STV) system and one copy thereof must be filed by the party who will be responsible for the conformance of the system with the subscription TV standards specified in part 73 of the Rules. The application must include information to show that the system conforms to the requirements of § 73.644(b) . ( b ) Advance approval may be applied for and granted in accordance with and subject to the following conditions and limitations: ( 1 ) A separate request for each different technical system must be made by the applicant in writing. ( 2 ) The applicant must certify that the application was prepared by or under the direction of the applicant and that the facts set forth are true and correct to the best of the applicant's knowledge and belief. ( 3 ) The applicant must identify the technical system by a name or type number and define the system in terms of its technical characteristics; a functional block diagram must be included. In addition, a complete description of the encoded aural and visual baseband and transmitted signals and of the encoding equipment used by the applicant must be supplied. These descriptions must include equipment circuit diagrams and photographs, and diagrams or oscillographs of both baseband and transmitted aural and visual signal waveforms and of the signal basebands and occupied bandwidths. If aural subcarriers are to be used for transmitting aural portion of the subscription program, for decoder control, or for other purposes, a full description and specifications of the multiplex subcarrier signals and all modulation levels must be included. ( 4 ) Preliminary test data must be submitted to show system capability with regard to compliance with the criteria set forth in § 73.644(b) . ( 5 ) The applicant must identify the specific requirements of §§ 73.682 , 73.687 and 73.699 (Figures 6 and 7) from which the transmitted signal will normally deviate. ( 6 ) The applicant must specify the method to be used in determining and maintaining the operating power of the transmitter if the procedures given in § 73.663 cannot be used due to suppression of the synchronizing pulses or for other reasons. If the operating power of the station must be reduced to accommodate the encoded aural or video signal, the operating power limitations must be specified. ( 7 ) The applicant must supply any additional information and test data requested by the FCC, to show to its satisfaction that the criteria given in § 73.644(b) are met. ( 8 ) The information submitted by the applicant may be subject to check by field tests conducted without expense to the FCC or, if deemed necessary, at the laboratory or in the field by FCC personnel. This may include the actual submission of equipment for system testing under the provisions of § 2.945 of part 2 of the Rules. ( 9 ) No technical system will be deemed approved unless and until the FCC has notified the applicant in writing of the approval. Such notification of approval will be by letter to the applicant. ( 10 ) Approval by the FCC is limited to a determination that the particular technical system (the scheme for encoding and decoding the subscription TV signal) is capable of meeting the criteria given in § 73.644(b) . ( 11 ) The FCC will maintain a listing of approved technical systems. ( c ) Multichannel sound may be transmitted for stereophonic or bilingual service with encoded subscription programs provided the technical operating specifications for this service are included in the application for advance system approval. ( d ) Subscriber decoder devices must comply with any applicable provisions of subpart H, part 15 of the FCC Rules for TV interface devices. ( e ) No modifications may be made by either the applicant or the user of a system having advance FCC approval that would change any of the operating conditions as submitted in the application for advance approval. Should system modifications be necessary, a new application must be submitted in accordance with the requirements of this section. [ 48 FR 56391 , Dec. 21, 1983] Subpart N [Reserved]
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PART 42—PRESERVATION OF RECORDS OF COMMUNICATION COMMON CARRIERS Authority: 47 U.S.C. 154(i) , 219 , 220 . Source: 51 FR 32653 , Sept. 15, 1986, unless otherwise noted. Applicability § 42.01 Applicability. This part prescribes the regulations governing the preservation of records of communication common carriers that are fully subject to the jurisdiction of the Commission. General Instructions § 42.1 Scope of the regulations in this part. ( a ) The regulations in this part apply to all accounts, records, memoranda, documents, papers, and correspondence prepared by or on behalf of the carrier as well as those which come into its possession in connection with the acquisition of property, such as by purchase, consolidation, merger, etc. ( b ) The regulations in this part shall not be construed as requiring the preparation of accounts, records, or memoranda not required to be prepared by other regulations, such as the Uniform System of Accounts, except as provided hereinafter. ( c ) The regulations in this part shall not be construed as excusing compliance with any other lawful requirement for the preservation of records. § 42.2 Designation of a supervisory official. Each carrier subject to the regulations in this part shall designate one or more officials to supervise the preservation of its records. § 42.3 Protection and storage of records. The carrier shall protect records subject to the regulations in this part from damage from fires, and other hazards and, in the selection of storage spaces, safeguard the records from unnecessary exposure to deterioration. § 42.6 Retention of telephone toll records. Each carrier that offers or bills toll telephone service shall retain for a period of 18 months such records as are necessary to provide the following billing information about telephone toll calls: the name, address, and telephone number of the caller, telephone number called, date, time and length of the call. Each carrier shall retain this information for toll calls that it bills whether it is billing its own toll service customers for toll calls or billing customers for another carrier. [ 51 FR 39536 , Oct. 29, 1986] Specific Instructions for Carriers Offering Interexchange Services § 42.10 Public availability of information concerning interexchange services. ( a ) A nondominant interexchange carrier (IXC) shall make available to any member of the public, in at least one location, during regular business hours, information concerning its current rates, terms and conditions for all of its international and interstate, domestic, interexchange services. Such information shall be made available in an easy to understand format and in a timely manner. Following an inquiry or complaint from the public concerning rates, terms and conditions for such services, a carrier shall specify that such information is available and the manner in which the public may obtain the information. ( b ) In addition, a nondominant IXC that maintains an Internet website shall make such rate and service information specified in paragraph (a) of this section available on-line at its Internet website in a timely and easily accessible manner, and shall update this information regularly. [ 64 FR 19725 , Apr. 22, 1999, as amended at 66 FR 16879 , Mar. 28, 2001] § 42.11 Retention of information concerning detariffed interexchange services. ( a ) A nondominant IXC shall maintain, for submission to the Commission and to state regulatory commissions upon request, price and service information regarding all of the carrier's international and interstate, domestic, interexchange service offerings. A commercial mobile radio service (CMRS) provider shall maintain such price and service information only about its international common carrier service offerings and only for those routes on which the CMRS provider is classified as dominant under § 63.10 of this Chapter due to an affiliation with a foreign carrier that collects settlement payments from U.S. carriers for terminating U.S. international switched traffic at the foreign end of the route. Such a CMRS provider is not required to maintain its price and service information, however, on any such affiliated route if it provides service on that route solely through the resale of an unaffiliated facilities-based provider's international switched services. The price and service information maintained for purposes of this paragraph shall include documents supporting the rates, terms, and conditions of the carrier's international and interstate, domestic, interexchange offerings. The information maintained pursuant to this section shall be maintained in a manner that allows the carrier to produce such records within ten business days. For purposes of this paragraph, affiliated and foreign carrier are defined in § 63.09 of this chapter . ( b ) The price and service information maintained pursuant to this section shall be retained for a period of at least two years and six months following the date the carrier ceases to provide services pursuant to such rates, terms and conditions. [ 61 FR 59366 , Nov. 22, 1996, as amended at 62 FR 59604 , Nov. 4, 1997; 64 FR 19725 , Apr. 22, 1999; 66 FR 16879 , Mar. 28, 2001]
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PART 19—EMPLOYEE RESPONSIBILITIES AND CONDUCT Authority: 5 U.S.C. 7301 ; 47 U.S.C. 154 (b), (i), (j), and 303(r). Source: 61 FR 56112 , Oct. 31, 1996, unless otherwise noted. Subpart A—General Provisions § 19.735-101 Purpose. The regulations in this part prescribe procedures and standards of conduct that are appropriate to the particular functions and activities of the Commission, and are issued by the Commission under authority independent of the uniform Standards of Ethical Conduct for Employees of the Executive Branch at 5 CFR part 2635 or otherwise in accordance with 5 CFR 2635.105(c) . § 19.735-102 Cross-reference to ethics and other conduct related regulations. In addition to the rules in this part, employees of the Federal Communications Commission (Commission) are subject to the Standards of Ethical Conduct for Employees of the Executive Branch at 5 CFR part 2635 and the Commission's regulations at 5 CFR part 3901 which supplement the executive branch-wide standards, the executive branch financial disclosure regulations at 5 CFR part 2634 and the Commission's regulations at 5 CFR part 3902 which supplement the executive branch-wide financial disclosure regulations, and the employee responsibilities and conduct regulations at 5 CFR part 735 . § 19.735-103 Definitions. Commission means the Federal Communications Commission. Communications Act means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq. Employee means an officer or employee of the Commission including special Government employees within the meaning of 18 U.S.C. 202(a) and the Commissioners. Person means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution. § 19.735-104 Delegations. ( a ) The Commission has delegated to the Chairperson responsibility for the detection and prevention of acts, short of criminal violations, which could bring discredit upon the Commission and the Federal service. ( b ) Approvals under 18 U.S.C. 205(e) . ( 1 ) Commissioners may approve the representational activities permitted by 18 U.S.C. 205(e) by other employees in their immediate offices. The Designated Agency Ethics Official has delegated authority to grant such approvals for all other employees except Commissioners. ( 2 ) ( i ) Requests for approval of the activities permitted by 18 U.S.C. 205(e) shall be in writing and submitted as follows: ( A ) In the case of employees in the immediate offices of a Commissioner, to the Commissioner; ( B ) In the case of Heads of Offices and Bureaus, to the Chairperson; and ( C ) In the case of all other employees except Commissioners, to the Head of the Office or Bureau to which the employee is assigned. ( ii ) An official (other than the Chairperson or another Commissioner) to whom a request for approval under 18 U.S.C. 205(e) is submitted shall forward it to the Designated Agency Ethics Official with the official's recommendation as to whether the request should be granted. ( 3 ) Copies of all requests for approval under 18 U.S.C. 205(e) and the action taken thereon shall be maintained by the Designated Agency Ethics Official. ( c ) Waivers under 18 U.S.C. 208 . ( 1 ) Commissioners may waive the applicability of 18 U.S.C. 208(a) , in accordance with 18 U.S.C. 208(b)(1) or 208(b)(3) and section 301(d) of Executive Order 12731, for other employees in their immediate offices. The Designated Agency Ethics Official has delegated authority to make such waiver determinations for all other employees except Commissioners. ( 2 ) ( i ) Requests for waiver of the applicability of 18 U.S.C. 208(a) shall be in writing and submitted as follows: ( A ) In the case of employees in the immediate offices of a Commissioner, to the Commissioner; ( B ) In the case of Heads of Offices and Bureaus, to the Chairperson; and ( C ) In the case of all other employees except Commissioners, to the Head of the Office or Bureau to which the employee is assigned. ( ii ) An official (other than the Chairperson or another Commissioner) to whom a waiver request is submitted shall forward it to the Designated Agency Ethics Official with the official's recommendation as to whether the waiver should be granted. ( 3 ) Copies of all requests for waivers and the action taken thereon shall be maintained by the Designated Agency Ethics Official. [ 61 FR 56112 , Oct. 31, 1996, as amended at 88 FR 21438 , Apr. 10, 2023] § 19.735-105 Availability of ethics and other conduct related regulations and statutes. ( a ) ( 1 ) The Commission shall furnish each new employee, at the time of his or her entrance on duty, with a copy of: ( i ) The Standards of Ethical Conduct for Employees of the Executive Branch ( 5 CFR part 2635 ); ( ii ) The Supplemental Standards of Ethical Conduct for Employees of the Federal Communications Commission ( 5 CFR part 3901 ); and ( iii ) The Commission's Employee Responsibilities and Conduct regulations in this part. ( 2 ) The Head of each Office and Bureau has the responsibility to secure from every person subject to his or her administrative supervision a statement indicating that the individual has read and is familiar with the contents of the regulations in this part, and the regulations at 5 CFR parts 2635 and 3901 , and to advise the Designated Agency Ethics Official that all such persons have provided such statements. Each new employee shall execute a similar statement at the time of entrance on duty. Periodically, and at least once a year, the Designated Agency Ethics Official shall take appropriate action to ensure that the Head of each Office and Bureau shall remind employees subject to his or her administrative supervision of the content of the regulations in 5 CFR parts 2635 and 3901 and this part. ( b ) Copies of pertinent provisions of the Communications Act of 1934; title 18 of the United States Code; the Standards of Ethical Conduct for Employees of the Executive Branch ( 5 CFR part 2635 ); the Commission's Supplemental Standards of Ethical Conduct ( 5 CFR part 3901 ); and the Commission's employee responsibilities and conduct regulations in this part shall be available in the office of the Designated Agency Ethics Official for review by employees. § 19.735-106 Interpretation and advisory service. ( a ) Requests for interpretative rulings concerning the applicability of 5 CFR parts 2635 and 3901 , and this part, may be submitted through the employee's supervisor to the General Counsel, who is the Commission's Designated Agency Ethics Official pursuant to the delegation of authority at 47 CFR 0.251(a) . ( b ) At the time of an employee's entrance on duty and at least once each calendar year thereafter, the Commission's employees shall be notified of the availability of counseling services on questions of conflict of interest and other matters covered by this part, and of how and where these services are available. § 19.735-107 Disciplinary and other remedial action. ( a ) A violation of the regulations in this part by an employee may be cause for appropriate disciplinary action which may be in addition to any penalty prescribed by law. ( b ) The Chairperson will designate an officer or employee of the Commission who will promptly investigate all incidents or situations in which it appears that employees may have engaged in improper conduct. Such investigation will be initiated in all cases where complaints are brought to the attention of the Chairperson, including: Adverse comment appearing in publications; complaints from members of Congress, private citizens, organizations, other government employees or agencies; and formal complaints referred to the Chairperson by the Designated Agency Ethics Official. ( c ) The Inspector General will be promptly notified of all complaints or allegations of employee misconduct. The Inspector General will also be notified of the planned initiation of an investigation under this part. Such notification shall occur prior to the initiation of the investigation required by paragraph (a) of this section. The Inspector General may choose to conduct the investigation in accordance with the rules in this part. Should the Inspector General choose to conduct the investigation, he will promptly notify the Chairperson. In such case, the Inspector General will serve as the designated officer and be solely responsible for the investigation. In carrying out this function, the Inspector General may obtain investigative services from other Commission offices, other governmental agencies or non governmental sources and use any other means available to him in accordance with Public Law 100-504 or the Inspector General Act of 1978, as amended, 5 U.S.C. Appendix. The Inspector General will be provided with the results of all investigations in which he chooses not to participate. ( d ) The employee concerned shall be provided an opportunity to explain the alleged misconduct. When, after consideration of the employee's explanation, the Chairperson decides that remedial action is required, he or she shall take remedial action. Remedial action may include, but is not limited to: ( 1 ) Changes in assigned duties; ( 2 ) Divestiture by the employee of his conflicting interest; ( 3 ) Action under the Commission's Ethics Program resulting in one of the following actions: ( i ) When investigation reveals that the charges are groundless, the person designated by the Chairperson to assist in administration of the program may give a letter of clearance to the employee concerned, and the case will not be recorded in his or her Official Personnel Folder; ( ii ) If, after investigation, the case investigator deems the act to be merely a minor indiscretion, he may resolve the situation by discussing it with the employee. The case will not be recorded in the employee's Official Personnel Folder; ( iii ) If the case administrator considers the problem to be of sufficient importance, he or she may call it to the attention of the Chairperson, who in turn may notify the employee of the seriousness of his or her act and warn him of the consequences of a repetition. The case will not be recorded in the employee's Official Personnel Folder, unless the employee requests it; ( iv ) The Chairperson may, when in his or her opinion circumstances warrant, establish a special review board to investigate the facts in a case and to make a full report thereon, including recommended action; or ( v ) ( A ) If the Chairperson decides that formal disciplinary action should be taken, he or she may prepare for Commission consideration a statement of facts and recommend one of the following: ( 1 ) Written reprimand. A formal letter containing a complete statement of the offense and official censure; ( 2 ) Suspension. A temporary non pay status and suspension from duty; or ( 3 ) Removal for cause. Separation for cause in case of a serious offense. ( B ) Only after a majority of the Commission approves formal disciplinary action will any record resulting from the administration of this program be placed in the employee's Official Personnel Folder; or ( 4 ) Disqualification for a particular assignment. ( e ) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive orders, and regulations. [ 61 FR 56112 , Oct. 31, 1996, as amended at 88 FR 21439 , Apr. 10, 2023] Subpart B—Employee Responsibilities and Conduct § 19.735-201 Outside employment and other activity prohibited by the Communications Act. Under section 4(b) of the Communications Act, at 47 U.S.C. 154(b)(2)(A)(iv) , no employee of the Commission may be in the employ of or hold any official relation to any person significantly regulated by the Commission under that Act. In addition, the Commissioners are prohibited by section 4(b) of the Communications Act, at 47 U.S.C. 154(b)(4) , from engaging in any other business, vocation, profession, or employment. Note: Under the Supplemental Standards of Ethical Conduct for Employees of the Federal Communications Commission, at 5 CFR 3901.102 , professional employees of the Commission must obtain approval before engaging in the private practice of the same profession as that of the employee's official position, whether or not for compensation. § 19.735-202 Financial interests prohibited by the Communications Act. ( a ) No Commissioner shall have a pecuniary interest in any hearing or proceeding in which he participates. ( 47 U.S.C. 154(j) .) ( b ) ( 1 ) Section 4(b) of the Communications Act, at 47 U.S.C. 154(b)(2)(A) , provides: No member of the Commission or person employed by the Commission shall: (i) Be financially interested in any company or other entity engaged in the manufacture or sale of telecommunications equipment which is subject to regulation by the Commission; (ii) Be financially interested in any company or other entity engaged in the business of communication by wire or radio or in the use of the electromagnetic spectrum; (iii) Be financially interested in any company or other entity which controls any company or other entity specified in clause (i) or clause (ii), or which derives a significant portion of its total income from ownership of stocks, bonds, or other securities of any such company or other entity; or (iv) Be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person significantly regulated by the Commission under this act; except that the prohibitions established in this subparagraph shall apply only to financial interests in any company or other entity which has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission. ( 2 ) To determine whether an entity has a significant interest in communications related activities that are subject to Commission regulations, the Commission shall consider, without excluding other relevant factors, the criteria in section 4(b) of the Communications Act, at 47 U.S.C. 154(b)(3) . These criteria include: ( i ) The revenues and efforts directed toward the telecommunications aspect of the business; ( ii ) The extent of Commission regulation over the entity involved; ( iii ) The potential economic impact of any Commission action on that particular entity; and ( iv ) The public perception regarding the business activities of the company. ( 3 ) ( i ) Section 4(b) of the Communications Act, at 47 U.S.C. 154(b)(2)(B)(i) , permits the Commission to waive the prohibitions at 47 U.S.C. 154(b)(2)(A) . The Act's waiver provision at 47 U.S.C. 154(b)(2)(B)(i) provides: The Commission shall have authority to waive, from time to time, the application of the prohibitions established in subparagraph (A) of section 4(b) to persons employed by the Commission if the Commission determines that the financial interests of a person which are involved in a particular case are minimal, except that such waiver authority shall be subject to the provisions of section 208 of title 18, United States Code. The waiver authority established in this subparagraph shall not apply with respect to members of the Commission. ( ii ) ( A ) Requests for waiver of the provisions of 47 U.S.C. 154(b)(2)(A) may be submitted by an employee to the Head of the employee's Office or Bureau, who will endorse the request with an appropriate recommendation and forward the request to the Designated Agency Ethics Official. The Designated Agency Ethics Official has delegated authority to waive the applicability of 47 U.S.C. 154(b)(2)(A) . ( B ) All requests for waiver shall be in writing and in the required detail. The dollar value for the financial interest sought to be waived shall be expressed explicitly or in categories of value provided at 5 CFR 2634.301(d) . ( C ) Copies of all waiver requests and the action taken thereon shall be maintained by the Designated Agency Ethics Official. In any case in which the Commission exercises the waiver authority established in section 4(b) of the Communications Act, the Commission shall publish notice of such action in the Federal Register and shall furnish notice of such action to the appropriate committees of each House of the Congress. Each such notice shall include information regarding the identity of the person receiving the waiver, the position held by such person, and the nature of the financial interests which are the subject of the waiver. § 19.735-203 Nonpublic information. ( a ) Except as authorized in writing by the Chairperson pursuant to paragraph (b) of this section, or otherwise as authorized by the Commission or its rules, nonpublic information shall not be disclosed, directly or indirectly, to any person outside the Commission. Such information includes, but is not limited to, the following: ( 1 ) The content of agenda items (except for compliance with the Government in the Sunshine Act, 5 U.S.C. 552b ); or ( 2 ) Actions or decisions made by the Commission at closed meetings or by circulation prior to the public release of such information by the Commission. ( b ) An employee engaged in outside teaching, lecturing, or writing shall not use nonpublic information obtained as a result of his or her government employment in connection with such teaching, lecturing, or writing except when the Chairperson gives written authorization for the use of that nonpublic information on the basis that its use is in the public interest. ( c ) This section does not prohibit the disclosure of an official Commission meeting agenda listing titles and summaries of items for discussion at an open Commission meeting. Also, this section does not prohibit the disclosure of information about the scheduling of Commission agenda items. ( d ) Any person regulated by or practicing before the Commission coming into possession of written nonpublic information (including written material transmitted in electronic form) as described in paragraph (a) of this section under circumstances where it appears that its release was inadvertent or otherwise unauthorized shall promptly return the written information to the Commission's Office of the Inspector General without further distribution or use of the written nonpublic information. Any person regulated by or practicing before the Commission who willfully violates this section by failing to promptly notify the Commission's Office of the Inspector General of the receipt of written nonpublic information (including written material transmitted in electronic form) that he knew or should have known was released inadvertently or in any otherwise unauthorized manner may be subject to appropriate sanctions by the Commission. In the case of attorneys practicing before the Commission, such sanctions may include disciplinary action under the provisions of § 1.24 of this chapter . Note: Employees also should refer to the provisions of the Standards of Ethical Conduct for Employees of the Executive Branch, at 5 CFR 2635.703 , on the use of nonpublic information. Additionally, employees should refer to § 19.735-107 of this part , which provides that employees of the Commission who violate this part may be subject to disciplinary action which may be in addition to any other penalty prescribed by law. As is the case with section 2635.703 , this part is intended only to cover knowing unauthorized disclosures of nonpublic information. [ 61 FR 56112 , Oct. 31, 1996, as amended at 65 FR 66185 , Nov. 3, 2000; 88 FR 21439 , Apr. 10, 2023]
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Subpart C—Technical Standards § 18.301 Operating frequencies. ISM equipment may be operated on any frequency above 9 kHz except as indicated in § 18.303 . The following frequency bands, in accordance with § 2.106 of the rules, are designated for use by ISM equipment: Table 1 to § 18.301 ISM frequency Tolerance 6.78 MHz ± 15.0 kHz 13.56 MHz ± 7.0 kHz 27.12 MHz ± 163.0 kHz 40.68 MHz ± 20.0 kHz 915 MHz ± 13.0 MHz 2450 MHz ± 50.0 MHz 5800 MHz ± 75.0 MHz 24.125 GHz ± 125.0 MHz 61.25 GHz ± 250.0 MHz 122.50 GHz ± 500.0 MHz 245.00 GHz ± 1.0 GHz [ 85 FR 38740 , June 26, 2020] § 18.303 Prohibited frequency bands. Operation of ISM equipment within the following safety, search and rescue frequency bands is prohibited: 490-510 kHz, 2170-2194 kHz, 8354-8374 kHz, 121.4-121.6 MHz, 156.7-156.9 MHz, and 242.8-243.2 MHz. § 18.305 Field strength limits. ( a ) ISM equipment operating on a frequency specified in § 18.301 is permitted unlimited radiated energy in the band specified for that frequency. ( b ) The field strength levels of emissions which lie outside the bands specified in § 18.301 , unless otherwise indicated, shall not exceed the following: Equipment Operating frequency RF Power generated by equipment (watts) Field strength limit (uV/m) Distance (meters) Any type unless otherwise specified (miscellaneous) Any ISM frequency Below 500 500 or more 25 25 × SQRT(power/500) 300 1 300 Any non-ISM frequency Below 500 500 or more 15 15 × SQRT(power/500) 300 1 300 Industrial heaters and RF stabilized arc welders On or below 5,725 MHz Above 5,725 MHz Any Any 10 ( 2 ) 1,600 ( 2 ) Medical diathermy Any ISM frequency Any non-ISM frequency Any Any 25 15 300 300 Ultrasonic Below 490 kHz Below 500 500 or more 2,400/F(kHz) 2,400/F(kHz) × SQRT(power/500) 300 3 300 490 to 1,600 kHz Above 1,600 kHz Any Any 24,000/F(kHz) 15 30 30 Induction cooking ranges Below 90 kHz On or above 90 kHz Any Any 1,500 300 4 30 4 30 1 Field strength may not exceed 10 μV/m at 1600 meters. Consumer equipment operating below 1000 MHz is not permitted the increase in field strength otherwise permitted here for power over 500 watts. 2 Reduced to the greatest extent possible. 3 Field strength may not exceed 10 μV/m at 1600 meters. Consumer equipment is not permitted the increase in field strength otherwise permitted here for over 500 watts. 4 Induction cooking ranges manufactured prior to February 1, 1980, shall be subject to the field strength limits for miscellaneous ISM equipment. ( c ) The field strength limits for RF lighting devices shall be the following: Frequency (MHz) Field strength limit at 30 meters (μV/m) Non-consumer equipment: 30-88 30 88-216 50 216-1000 70 Consumer equipment: 30-88 10 88-216 15 216-1000 20 Notes 1. The tighter limit shall apply at the boundary between two frequency ranges. 2. Testing for compliance with these limits may be made at closer distances, provided a sufficient number of measurements are taken to plot the radiation pattern, to determine the major lobes of radiation, and to determine the expected field strength level at 30, 300, or 1600 meters. Alternatively, if measurements are made at only one closer fixed distance, then the permissible field strength limits shall be adjusted using 1/d as an attenuation factor. [ 50 FR 36070 , Sept. 5, 1985, as amended at 51 FR 17970 , May 16, 1986; 52 FR 43197 , Nov. 10, 1987] § 18.307 Conduction limits. For the following equipment, when designed to be connected to the public utility (AC) power line the radio frequency voltage that is conducted back onto the AC power line on any frequency or frequencies shall not exceed the limits in the following tables. Compliance with the provisions of this paragraph shall be based on the measurement of the radio frequency voltage between each power line and ground at the power terminal using a 50 μH/50 ohms line impedance stabilization network (LISN). ( a ) All Induction cooking ranges and ultrasonic equipment: Frequency of emission (MHz) Conducted limit (dBμV) Quasi-peak Average 0.009-0.05 110 — 0.05-0.15 90-80 * — 0.15-0.5 66 to 56 * 56 to 46 * 0.5-5 56 46 5-30 60 50 * Decreases with the logarithm of the frequency. ( b ) All other part 18 consumer devices: Frequency of emission (MHz) Conducted limit (dBμV) Quasi-peak Average 0.15-0.5 66 to 56 * 56 to 46 * 0.5-5 56 46 5-30 60 50 * Decreases with the logarithm of the frequency. ( c ) RF lighting devices: Frequency (MHz) Maximum RF line voltage measured with a 50 uH/50 ohm LISN (uV) Non-consumer equipment: 0.45 to 1.6 1,000 1.6 to 30 3,000 Consumer equipment: 0.45 to 2.51 250 2.51 to 3.0 3,000 3.0 to 30 250 ( d ) If testing with a quasi-peak detector demonstrates that the equipment complies with the average limits specified in the appropriate table in this section, additional testing to demonstrate compliance using an average detector is not required. ( e ) These conduction limits shall apply only outside of the frequency bands specified in § 18.301 . ( f ) For ultrasonic equipment, compliance with the conducted limits shall preclude the need to show compliance with the field strength limits below 30 MHz unless requested by the Commission. ( g ) The tighter limits shall apply at the boundary between two frequency ranges. [ 50 FR 36067 , Sept. 5, 1985, as amended at 52 FR 43198 , Nov. 10, 1987; 64 FR 37419 , July 12, 1999; 67 FR 45671 , July 10, 2002] § 18.309 Frequency range of measurements. ( a ) For field strength measurements: Frequency band in which device operates (MHz) Range of frequency measurements Lowest frequency Highest frequency Below 1.705 Lowest frequency generated in the device, but not lower than 9 kHz 30 MHz. 1.705 to 30 Lowest frequency generated in the device, but not lower than 9 kHz 400 MHz. 30 to 500 Lowest frequency generated in the device or 25 MHz, whichever is lower Tenth harmonic or 1,000 MHz, whichever is higher. 500 to 1,000 Lowest frequency generated in the device or 100 MHz, whichever is lower Tenth harmonic. Above 1,000 ......do Tenth harmonic or highest detectable emission. ( b ) For conducted powerline measurements, the frequency range over which the limits are specified will be scanned. [ 50 FR 36070 , Sept. 5, 1985, as amended at 51 FR 17971 , May 16, 1986] § 18.311 Methods of measurement. The measurement techniques used to determine compliance with the technical requirements of this part are set out in FCC MP-5, “FCC Methods of Measurements of Radio Noise Emissions from Industrial, Scientific, and Medical equipment,” or compliance measurements made in accordance with the specific procedures otherwise authorized by the Commission. [ 82 FR 50835 , Nov. 2, 2017] § 18.313 Radio frequency exposure requirements. Radio frequency devices operating under the provisions of this part are subject to the radio frequency radiation exposure requirements specified in §§ 1.1307(b) , 1.1310 , 2.1091 , and 2.1093 of this chapter , as appropriate. [ 85 FR 18150 , Apr. 1, 2020]
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Subpart B—Employee Responsibilities and Conduct § 19.735-201 Outside employment and other activity prohibited by the Communications Act. Under section 4(b) of the Communications Act, at 47 U.S.C. 154(b)(2)(A)(iv) , no employee of the Commission may be in the employ of or hold any official relation to any person significantly regulated by the Commission under that Act. In addition, the Commissioners are prohibited by section 4(b) of the Communications Act, at 47 U.S.C. 154(b)(4) , from engaging in any other business, vocation, profession, or employment. Note: Under the Supplemental Standards of Ethical Conduct for Employees of the Federal Communications Commission, at 5 CFR 3901.102 , professional employees of the Commission must obtain approval before engaging in the private practice of the same profession as that of the employee's official position, whether or not for compensation. § 19.735-202 Financial interests prohibited by the Communications Act. ( a ) No Commissioner shall have a pecuniary interest in any hearing or proceeding in which he participates. ( 47 U.S.C. 154(j) .) ( b ) ( 1 ) Section 4(b) of the Communications Act, at 47 U.S.C. 154(b)(2)(A) , provides: No member of the Commission or person employed by the Commission shall: (i) Be financially interested in any company or other entity engaged in the manufacture or sale of telecommunications equipment which is subject to regulation by the Commission; (ii) Be financially interested in any company or other entity engaged in the business of communication by wire or radio or in the use of the electromagnetic spectrum; (iii) Be financially interested in any company or other entity which controls any company or other entity specified in clause (i) or clause (ii), or which derives a significant portion of its total income from ownership of stocks, bonds, or other securities of any such company or other entity; or (iv) Be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person significantly regulated by the Commission under this act; except that the prohibitions established in this subparagraph shall apply only to financial interests in any company or other entity which has a significant interest in communications, manufacturing, or sales activities which are subject to regulation by the Commission. ( 2 ) To determine whether an entity has a significant interest in communications related activities that are subject to Commission regulations, the Commission shall consider, without excluding other relevant factors, the criteria in section 4(b) of the Communications Act, at 47 U.S.C. 154(b)(3) . These criteria include: ( i ) The revenues and efforts directed toward the telecommunications aspect of the business; ( ii ) The extent of Commission regulation over the entity involved; ( iii ) The potential economic impact of any Commission action on that particular entity; and ( iv ) The public perception regarding the business activities of the company. ( 3 ) ( i ) Section 4(b) of the Communications Act, at 47 U.S.C. 154(b)(2)(B)(i) , permits the Commission to waive the prohibitions at 47 U.S.C. 154(b)(2)(A) . The Act's waiver provision at 47 U.S.C. 154(b)(2)(B)(i) provides: The Commission shall have authority to waive, from time to time, the application of the prohibitions established in subparagraph (A) of section 4(b) to persons employed by the Commission if the Commission determines that the financial interests of a person which are involved in a particular case are minimal, except that such waiver authority shall be subject to the provisions of section 208 of title 18, United States Code. The waiver authority established in this subparagraph shall not apply with respect to members of the Commission. ( ii ) ( A ) Requests for waiver of the provisions of 47 U.S.C. 154(b)(2)(A) may be submitted by an employee to the Head of the employee's Office or Bureau, who will endorse the request with an appropriate recommendation and forward the request to the Designated Agency Ethics Official. The Designated Agency Ethics Official has delegated authority to waive the applicability of 47 U.S.C. 154(b)(2)(A) . ( B ) All requests for waiver shall be in writing and in the required detail. The dollar value for the financial interest sought to be waived shall be expressed explicitly or in categories of value provided at 5 CFR 2634.301(d) . ( C ) Copies of all waiver requests and the action taken thereon shall be maintained by the Designated Agency Ethics Official. In any case in which the Commission exercises the waiver authority established in section 4(b) of the Communications Act, the Commission shall publish notice of such action in the Federal Register and shall furnish notice of such action to the appropriate committees of each House of the Congress. Each such notice shall include information regarding the identity of the person receiving the waiver, the position held by such person, and the nature of the financial interests which are the subject of the waiver. § 19.735-203 Nonpublic information. ( a ) Except as authorized in writing by the Chairperson pursuant to paragraph (b) of this section, or otherwise as authorized by the Commission or its rules, nonpublic information shall not be disclosed, directly or indirectly, to any person outside the Commission. Such information includes, but is not limited to, the following: ( 1 ) The content of agenda items (except for compliance with the Government in the Sunshine Act, 5 U.S.C. 552b ); or ( 2 ) Actions or decisions made by the Commission at closed meetings or by circulation prior to the public release of such information by the Commission. ( b ) An employee engaged in outside teaching, lecturing, or writing shall not use nonpublic information obtained as a result of his or her government employment in connection with such teaching, lecturing, or writing except when the Chairperson gives written authorization for the use of that nonpublic information on the basis that its use is in the public interest. ( c ) This section does not prohibit the disclosure of an official Commission meeting agenda listing titles and summaries of items for discussion at an open Commission meeting. Also, this section does not prohibit the disclosure of information about the scheduling of Commission agenda items. ( d ) Any person regulated by or practicing before the Commission coming into possession of written nonpublic information (including written material transmitted in electronic form) as described in paragraph (a) of this section under circumstances where it appears that its release was inadvertent or otherwise unauthorized shall promptly return the written information to the Commission's Office of the Inspector General without further distribution or use of the written nonpublic information. Any person regulated by or practicing before the Commission who willfully violates this section by failing to promptly notify the Commission's Office of the Inspector General of the receipt of written nonpublic information (including written material transmitted in electronic form) that he knew or should have known was released inadvertently or in any otherwise unauthorized manner may be subject to appropriate sanctions by the Commission. In the case of attorneys practicing before the Commission, such sanctions may include disciplinary action under the provisions of § 1.24 of this chapter . Note: Employees also should refer to the provisions of the Standards of Ethical Conduct for Employees of the Executive Branch, at 5 CFR 2635.703 , on the use of nonpublic information. Additionally, employees should refer to § 19.735-107 of this part , which provides that employees of the Commission who violate this part may be subject to disciplinary action which may be in addition to any other penalty prescribed by law. As is the case with section 2635.703 , this part is intended only to cover knowing unauthorized disclosures of nonpublic information. [ 61 FR 56112 , Oct. 31, 1996, as amended at 65 FR 66185 , Nov. 3, 2000; 88 FR 21439 , Apr. 10, 2023]
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PART 67—REAL-TIME TEXT Authority: 47 U.S.C. 151-154 , 225 , 251 , 255 , 301 , 303 , 307 , 309 , 316 , 615c , 616 , 617 . Source: 82 FR 7707 , Jan. 23, 2017, unless otherwise noted. § 67.1 Definitions. ( a ) Authorized end user device means a handset or other end user device that is authorized by the provider of a covered service for use with that service and is able to send, receive, and display text. ( b ) CMRS provider means a CMRS provider as defined in § 20.18(c) of this chapter . ( c ) Covered service means a service that meets accessibility requirements by supporting RTT pursuant to part 6 , 7 , 14 , 20 , or 64 of this chapter . ( d ) RFC 4103 means IETF's Request for Comments (RFC) 4103 (incorporated by reference, see § 67.3 of this part ). ( e ) RFC 4103-conforming service or user device means a covered service or authorized end user device that enables initiation, sending, transmission, reception, and display of RTT communications in conformity with RFC 4103. ( f ) RFC 4103-TTY gateway means a gateway that is able to reliably and accurately transcode communications between ( 1 ) RFC 4103-conforming services and devices and ( 2 ) circuit-switched networks that support communications between TTYs. ( g ) Real-time text (RTT) or RTT communications means text communications that are transmitted over Internet Protocol (IP) networks immediately as they are created, e.g., on a character-by-character basis. ( h ) Support RTT or support RTT communications means to enable users to initiate, send, transmit, receive, and display RTT communications in accordance with the applicable provisions of this part. § 67.2 Minimum Functionalities of RTT. ( a ) RTT-RTT Interoperability. Covered services and authorized end user devices shall be interoperable with other services and devices that support RTT in accordance with this part. A service or authorized end user device shall be deemed to comply with this paragraph (a) if: ( 1 ) It is an RFC 4103-conforming end user device; ( 2 ) RTT communications between such service or end user device and an RFC 4103-conforming service or end user device are reliably and accurately transcoded— ( i ) to and from RFC 4103, or ( ii ) to and from an internetworking protocol mutually agreed-upon with the owner of the network serving the RFC 4103-conforming service or device. ( b ) RTT-TTY Interoperability. Covered services and authorized end user devices shall be interoperable with TTYs connected to other networks. Covered services and authorized end user devices shall be deemed to comply with this paragraph (b) if communications to and from such TTYs: ( 1 ) Pass through an RFC 4103-TTY gateway, or ( 2 ) are reliably and accurately transcoded to and from an internetworking protocol mutually agreed-upon with the owner of the network serving the TTY. ( c ) Features and Capabilities. Covered services and authorized end user devices shall enable the user to: ( 1 ) Initiate and receive RTT calls to and from the same telephone numbers for which voice calls can be initiated and received; ( 2 ) transmit and receive RTT communications to and from any 911 public safety answering point (PSAP) in the United States; and ( 3 ) send and receive text and voice simultaneously in both directions on the same call using a single device. § 67.3 Incorporation by Reference. ( a ) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the source in the following paragraph of this section. ( b ) Internet Engineering Task Force (IETF), c/o Association Management Solutions, LLC (AMS) 5177 Brandin Court, Fremont, California 94538, phone (510) 492-4080, Web site at http://ietf.org or directly at https://www.ietf.org/rfc/rfc4103.txt . ( 1 ) Request for Comments (RFC) 4103, Real-time Transport Protocol Payload for Text Conversation (2005), IBR approved for § 67.1 . ( 2 ) [Reserved] [ 82 FR 7707 , Jan. 23, 2017, as amended at 85 FR 64408 , Oct. 13, 2020; 88 FR 21445 , Apr. 10, 2023]
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PART 4—DISRUPTIONS TO COMMUNICATIONS Authority: 47 U.S.C. 34-39 , 151 , 154 , 155 , 157 , 201 , 251 , 307 , 316 , 615a-1 , 1302(a) , and 1302(b) ; 5 U.S.C. 301 , and Executive Order no. 10530 . Source: 69 FR 70338 , Dec. 3, 2004, unless otherwise noted. General § 4.1 Scope, basis, and purpose. ( a ) In this part, the Federal Communications Commission is setting forth requirements pertinent to the reporting of disruptions to communications and to the reliability and security of communications infrastructures. ( b ) The definitions, criteria, and reporting requirements set forth in Sections 4.2 through 4.13 of this part are applicable to the communications providers defined in Section 4.3 of this part . ( c ) The definitions, criteria, and reporting requirements set forth in Section 4.15 of this part are applicable to submarine cable providers who have been licensed pursuant to 47 U.S.C. 34-39 . [ 81 FR 52362 , Aug. 8, 2016] § 4.2 Availability of reports filed under this part. Reports filed under this part will be presumed to be confidential under § 0.457(d)(1) of this chapter . Notice of any requests for inspection of outage reports will be provided pursuant to § 0.461(d)(3) of this chapter except that the Chief of the Public Safety and Homeland Security Bureau may grant, without providing such notice, an agency of the states, the District of Columbia, U.S. territories, Federal Government, or Tribal Nations direct access to portions of the information collections affecting its respective jurisdiction after the requesting agency has certified to the Commission that it has a need to know this information and has protections in place to safeguard and limit the disclosure of this information as described in the Commission's Certification Form for NORS and DIRS Sharing (Certification Form). Sharing is restricted by the following terms: ( a ) Requesting Agencies granted direct access to information collections must report immediately to any affected service providers and to the Commission any known or reasonably suspected unauthorized use or improper disclosure, manage their agency's access to outage reports by managing user accounts in accordance with the Commission's rules, coordinate with the Commission to manage an unauthorized access incident, and answer any questions from the Commission regarding their agency's access, use, or sharing of reports. ( b ) Agencies granted direct access to information collections may share copies of the filings, and any confidential information derived from the filings, outside their agency on a strict need-to-know basis when doing so pertains to a specific imminent or on-going public safety event. The agency must condition the recipients' receipt of confidential NORS and DIRS information on the recipients' certification, on a form separate from the Certification Form, that they will treat the information as confidential, not publicly disclose it absent a finding by the Commission that allows them to do so, and securely destroy the information by, at a minimum, securely cross-cut shredding, or machine-disintegrating, paper copies of the information, and irrevocably clearing and purging digital copies, when the public safety event that warrants access to the information has concluded. ( c ) Except as permitted pursuant to paragraph (b) of this section, agencies granted direct access to information collections may not share filings, or any confidential information derived from the filings, with non-employees of the agency, including agency contractors, unless such sharing is expressly authorized in writing by the Commission. ( d ) Agencies granted direct access to information collections may disseminate aggregated and anonymized information to the public. Such information must be aggregated from at least four service providers and must be sufficiently anonymized so that it is not possible to identify any service providers by name or in substance. ( e ) Consequences for an Agency's failure to comply with these terms may result in, among other measures, termination of direct access to reports by the Commission for a time period to be determined by the Commission based on the totality of the circumstances surrounding the failure. [ 86 FR 22825 , Apr. 29, 2021] Reporting Requirements for Disruptions to Communications § 4.3 Communications providers covered by the requirements of this part. ( a ) Cable communications providers are cable service providers that also provide circuit-switched telephony. Also included are affiliated and non-affiliated entities that maintain or provide communications networks or services used by the provider in offering telephony. ( b ) Communications provider is an entity that provides for a fee to one or more unaffiliated entities, by radio, wire, cable, satellite, and/or lightguide: two-way voice and/or data communications, paging service, and/or SS7 communications. ( c ) IXC or LEC tandem facilities refer to tandem switches (or their equivalents) and interoffice facilities used in the provision of interexchange or local exchange communications. ( d ) Satellite communications providers use space stations as a means of providing the public with communications, such as telephony and paging. Also included are affiliated and non-affiliated entities that maintain or provide communications networks or services used by the provider in offering such communications. “Satellite operators” refer to entities that operate space stations but do not necessarily provide communications services directly to end users. ( e ) Signaling System 7 (SS7) is a signaling system used to control telecommunications networks. It is frequently used to “set up,” process, control, and terminate circuit-switched telecommunications, including but not limited to domestic and international telephone calls (irrespective of whether the call is wholly or in part wireless, wireline, local, long distance, or is carried over cable or satellite infrastructure), SMS text messaging services, 8XX number type services, local number portability, VoIP signaling gateway services, 555 number type services, and most paging services. For purposes of this rule part, SS7 refers to both the SS7 protocol and the packet networks through which signaling information is transported and switched or routed. It includes future modifications to the existing SS7 architecture that will provide the functional equivalency of the SS7 services and network elements that exist as of August 4, 2004. SS7 communications providers are subject to the provisions of this part 4 regardless of whether or not they provide service directly to end users. Also subject to part 4 of the Commission's rules are affiliated and non-affiliated entities that maintain or provide communications networks or services used by the SS7 provider in offering SS7 communications. ( f ) Wireless service providers include Commercial Mobile Radio Service communications providers that use cellular architecture and CMRS paging providers. See § 20.3 of this chapter for the definition of Commercial Mobile Radio Service. Also included are affiliated and non-affiliated entities that maintain or provide communications networks or services used by the provider in offering such communications. ( g ) Wireline communications providers offer terrestrial communications through direct connectivity, predominantly by wire, coaxial cable, or optical fiber, between the serving central office (as defined in the appendix to part 36 of this chapter ) and end user location(s). Also included are affiliated and non-affiliated entities that maintain or provide communications networks or services used by the provider in offering such communications. ( h ) Interconnected Voice over Internet Protocol (VoIP) providers are providers of interconnected VoIP service. See § 9.3 of this chapter for the definition of interconnected VoIP service. Such providers may be facilities-based or non-facilities-based. Also included are affiliated and non-affiliated entities that maintain or provide communications networks or services used by the provider in offering such communications. ( i ) Excluded from the requirements of this part 4 are those equipment manufacturers or vendors that do not maintain or provide communications networks or services used by communications providers in offering communications. ( j ) Covered 988 service providers are providers that provide the 988 Suicide & Crisis Lifeline with capabilities such as the ability to receive, process, or forward calls. “Covered 988 service provider” shall not include any entity that constitutes a crisis center that participates in the 988 Lifeline, or any entity that offers the capability to originate 988 calls where another service provider delivers those calls to the appropriate crisis center. [ 69 FR 70338 , Dec. 3, 2004, as amended at 77 FR 25097 , Apr. 27, 2012; 83 FR 7401 , Feb. 21, 2018; 89 FR 2513 , Jan. 16, 2024] § 4.5 Definitions of outage, special offices and facilities, 911 special facilities, and 988 special facilities. ( a ) Outage is defined as a significant degradation in the ability of an end user to establish and maintain a channel of communications as a result of failure or degradation in the performance of a communications provider's network. ( b ) Special offices and facilities are defined as entities enrolled in the Telecommunications Service Priority (TSP) Program at priority Levels 1 and 2, which may include, but are not limited to, major military installations, key government facilities, nuclear power plants, and those airports that are listed as current primary (PR) airports in the FAA's National Plan of Integrated Airports Systems (NPIAS) (as issued at least one calendar year prior to the outage). ( c ) A critical communications outage that potentially affects an airport is defined as an outage that: ( 1 ) Disrupts 50 percent or more of the air traffic control links or other FAA communications links to any airport; ( 2 ) Has caused an Air Route Traffic Control Center (ARTCC) or airport to lose its radar; ( 3 ) Causes a loss of both primary and backup facilities at any ARTCC or airport; ( 4 ) Affects an ARTCC or airport that is deemed important by the FAA as indicated by FAA inquiry to the provider's management personnel; or ( 5 ) Has affected any ARTCC or airport and that has received any media attention of which the communications provider's reporting personnel are aware. ( d ) [Reserved] ( e ) An outage that potentially affects a 911 special facility occurs whenever: ( 1 ) There is a loss of communications to PSAP(s) potentially affecting at least 900,000 user-minutes and: The failure is neither at the PSAP(s) nor on the premises of the PSAP(s); no reroute for all end users was available; and the outage lasts 30 minutes or more; or ( 2 ) There is a loss of 911 call processing capabilities in one or more E-911 tandems/selective routers for at least 30 minutes duration; or ( 3 ) One or more end-office or MSC switches or host/remote clusters is isolated from 911 service for at least 30 minutes and potentially affects at least 900,000 user-minutes; or ( 4 ) There is a loss of ANI/ALI (associated name and location information) and/or a failure of location determination equipment, including Phase II equipment, for at least 30 minutes and potentially affecting at least 900,000 user-minutes (provided that the ANI/ALI or location determination equipment was then currently deployed and in use, and the failure is neither at the PSAP(s) or on the premises of the PSAP(s)). ( f ) An outage that potentially affects a 988 special facility occurs whenever there is a loss of the ability of the 988 Suicide & Crisis Lifeline to receive, process, or forward calls, potentially affecting at least 900,000 user-minutes and lasting at least 30 minutes duration. [ 69 FR 70338 , Dec. 3, 2004, as amended at 81 FR 45067 , July 12, 2016; 89 FR 2513 , Jan. 16, 2024] § 4.7 Definitions of metrics used to determine the general outage-reporting threshold criteria. ( a ) Administrative numbers are defined as the telephone numbers used by communications providers to perform internal administrative or operational functions necessary to maintain reasonable quality of service standards. ( b ) Assigned numbers are defined as the telephone numbers working in the Public Switched Telephone Network under an agreement such as a contract or tariff at the request of specific end users or customers for their use. This excludes numbers that are not yet working but have a service order pending. ( c ) Assigned telephone number minutes are defined as the mathematical result of multiplying the duration of an outage, expressed in minutes, by the sum of the number of assigned numbers (defined in paragraph (b) of this section) potentially affected by the outage and the number of administrative numbers (defined in paragraph (a) of this section) potentially affected by the outage. “Assigned telephone number minutes” can alternatively be calculated as the mathematical result of multiplying the duration of an outage, expressed in minutes, by the number of working telephone numbers potentially affected by the outage, where working telephone numbers are defined as the telephone numbers, including DID numbers, working immediately prior to the outage. ( d ) Optical Carrier 3 (OC3) minutes are defined as the mathematical result of multiplying the duration of an outage, expressed in minutes, by the number of previously operating OC3 circuits or their equivalents that were affected by the outage. ( e ) User minutes are defined as: ( 1 ) Assigned telephone number minutes (as defined in paragraph (c) of this section), for telephony, including non-mobile interconnected VoIP telephony, and for those paging networks in which each individual user is assigned a telephone number; ( 2 ) The mathematical result of multiplying the duration of an outage, expressed in minutes, by the number of end users potentially affected by the outage, for all other forms of communications. For interconnected VoIP service providers to mobile users, the number of potentially affected users should be determined by multiplying the simultaneous call capacity of the affected equipment by a concentration ratio of 8. ( f ) Working telephone numbers are defined to be the sum of all telephone numbers that can originate, or terminate telecommunications. This includes, for example, all working telephone numbers on the customer's side of a PBX, or Centrex, or similar arrangement. [ 69 FR 70338 , Dec. 3, 2004, as amended at 77 FR 25097 , Apr. 27, 2012; 81 FR 45068 , July 12, 2016] § 4.9 Outage reporting requirements—threshold criteria. Cross Reference Link to an amendment published at 88 FR 9764 , Feb. 15, 2023. Cross Reference Link to an amendment published at 89 FR 2513 , Jan. 16, 2024. ( a ) Cable. All cable communications providers shall submit electronically a Notification to the Commission within 120 minutes of discovering that they have experienced on any facilities that they own, operate, lease, or otherwise utilize, an outage of at least 30 minutes duration that: ( 1 ) Potentially affects at least 900,000 user minutes of telephony service; ( 2 ) Affects at least 667 OC3 minutes; ( 3 ) Potentially affects any special offices and facilities (in accordance with paragraphs (a) through (d) of § 4.5 ); or ( 4 ) Potentially affects a 911 special facility (as defined in paragraph (e) of § 4.5 ), in which case they also shall notify, as soon as possible by telephone or other electronic means, any official who has been designated by the management of the affected 911 facility as the provider's contact person for communications outages at that facility, and they shall convey to that person all available information that may be useful to the management of the affected facility in mitigating the effects of the outage on callers to that facility. (OC3 minutes and user minutes are defined in paragraphs (d) and (e) of § 4.7 .) Not later than 72 hours after discovering the outage, the provider shall submit electronically an Initial Communications Outage Report to the Commission. Not later than thirty days after discovering the outage, the provider shall submit electronically a Final Communications Outage Report to the Commission. The Notification and the Initial and Final reports shall comply with all of the requirements of § 4.11 . ( b ) IXC or LEC tandem facilities. In the case of IXC or LEC tandem facilities, providers must, if technically possible, use real-time blocked calls to determine whether criteria for reporting an outage have been reached. Providers must report IXC and LEC tandem outages of at least 30 minutes duration in which at least 90,000 calls are blocked or at least 667 OC3-minutes are lost. For interoffice facilities which handle traffic in both directions and for which blocked call information is available in one direction only, the total number of blocked calls shall be estimated as twice the number of blocked calls determined for the available direction. Providers may use historic carried call load data for the same day(s) of the week and the same time(s) of day as the outage, and for a time interval not older than 90 days preceding the onset of the outage, to estimate blocked calls whenever it is not possible to obtain real-time blocked call counts. When using historic data, providers must report incidents where at least 30,000 calls would have been carried during a time interval with the same duration of the outage. (OC3 minutes are defined in paragraph (d) of § 4.7 .) In situations where, for whatever reason, real-time and historic carried call load data are unavailable to the provider, even after a detailed investigation, the provider must determine the carried call load based on data obtained in the time interval between the onset of the outage and the due date for the final report; this data must cover the same day of the week, the same time of day, and the same duration as the outage. Justification that such data accurately estimates the traffic that would have been carried at the time of the outage had the outage not occurred must be available on request. If carried call load data cannot be obtained through any of the methods described, for whatever reason, then the provider shall report the outage. ( c ) Satellite. ( 1 ) All satellite operators shall submit electronically a Notification to the Commission within 120 minutes of discovering that they have experienced on any facilities that they own, operate, lease, or otherwise utilize, of an outage of at least 30 minutes duration that manifests itself as a failure of any of the following key system elements: One or more satellite transponders, satellite beams, inter-satellite links, or entire satellites. In addition, all Mobile-Satellite Service (“MSS”) satellite operators shall submit electronically a Notification to the Commission within 120 minutes of discovering that they have experienced on any facilities that they own, operate, lease, or otherwise utilize, of an outage of at least 30 minutes duration that manifests itself as a failure of any gateway earth station, except in the case where other earth stations at the gateway location are used to continue gateway operations within 30 minutes of the onset of the failure. ( 2 ) All satellite communications providers shall submit electronically a Notification to the Commission within 120 minutes of discovering that they have experienced on any facilities that they own, operate, lease, or otherwise utilize, an outage of at least 30 minutes duration that manifests itself as: ( i ) A loss of complete accessibility to at least one satellite or transponder; ( ii ) A loss of a satellite communications link that potentially affects at least 900,000 user-minutes (as defined in § 4.7(d) ) of either telephony service or paging service; or ( iii ) [Reserved] ( iv ) Potentially affecting a 911 special facility (as defined in (e) of § 4.5 ), in which case they also shall notify, as soon as possible by telephone or other electronic means, any official who has been designated by the management of the affected 911 facility as the provider's contact person for communications outages at that facility, and they shall convey to that person all available information that may be useful to the management of the affected facility in mitigating the effects of the outage on callers to that facility. ( 3 ) Not later than 72 hours after discovering the outage, the operator and/or provider shall submit electronically an Initial Communications Outage Report to the Commission. Not later than thirty days after discovering the outage, the operator and/or provider shall submit electronically a Final Communications Outage Report to the Commission. ( 4 ) The Notification and the Initial and Final reports shall comply with all of the requirements of § 4.11 . ( 5 ) Excluded from these outage-reporting requirements are those satellites, satellite beams, inter-satellite links, MSS gateway earth stations, satellite networks, and transponders that are used exclusively for intra-corporate or intra-organizational private telecommunications networks, for the one-way distribution of video or audio programming, or for other non-covered services (that is, when they are never used to carry common carrier voice or paging communications). ( d ) Signaling system 7. Signaling System 7 (SS7) providers shall submit electronically a Notification to the Commission within 120 minutes of discovering that they have experienced on any facilities that they own, operate, lease, or otherwise utilize an outage of at least 30 minutes duration that is manifested as the generation of at least 90,000 blocked calls based on real-time traffic data or at least 30,000 lost calls based on historic carried loads. In cases where a third-party SS7 provider cannot directly estimate the number of blocked calls, the third-party SS7 provider shall use 500,000 real-time lost MTP messages as a surrogate for 90,000 real-time blocked calls, or 167,000 lost MTP messages on a historical basis as a surrogate for 30,000 lost calls based on historic carried loads. Historic carried load data or the number of lost MTP messages on a historical basis shall be for the same day(s) of the week and the same time(s) of day as the outage, and for a time interval not older than 90 days preceding the onset of the outage. In situations where, for whatever reason, real-time and historic data are unavailable to the provider, even after a detailed investigation, the provider must determine the carried load based on data obtained in the time interval between the onset of the outage and the due date for the final report; this data must cover the same day of the week and the same time of day as the outage. If this cannot be done, for whatever reason, the outage must be reported. Justification that such data accurately estimates the traffic that would have been carried at the time of the outage had the outage not occurred must be available on request. Finally, whenever a pair of STPs serving any communications provider becomes isolated from a pair of interconnected STPs that serve any other communications provider, for at least 30 minutes duration, each of these communications providers shall submit electronically a Notification to the Commission within 120 minutes of discovering such outage. Not later than 72 hours after discovering the outage, the provider(s) shall submit electronically an Initial Communications Outage Report to the Commission. Not later than thirty days after discovering the outage, the provider(s) shall submit electronically a Final Communications Outage Report to the Commission. The Notification and the Initial and Final reports shall comply with all of the requirements of § 4.11 . ( e ) ( 1 ) All wireless service providers shall submit electronically a Notification to the Commission within 120 minutes of discovering that they have experienced on any facilities that they own, operate, lease, or otherwise utilize, an outage of at least 30 minutes duration: ( i ) Of a Mobile Switching Center (MSC); ( ii ) That potentially affects at least 900,000 user minutes of either telephony and associated data (2nd generation or lower) service or paging service; ( iii ) That affects at least 667 OC3 minutes (as defined in § 4.7 ); or ( iv ) [Reserved] ( v ) That potentially affects a 911 special facility (as defined in paragraph (e) of § 4.5 ), in which case they also shall notify, as soon as possible by telephone or other electronic means, any official who has been designated by the management of the affected 911 facility as the provider's contact person for communications outages at that facility, and they shall convey to that person all available information that may be useful to the management of the affected facility in mitigating the effects of the outage on callers to that facility. ( 2 ) In determining the number of users potentially affected by a failure of a switch, a wireless provider must multiply the number of macro cell sites disabled in the outage by the average number of users served per site, which is calculated as the total number of users for the provider divided by the total number of the provider's macro cell sites. ( 3 ) For providers of paging service only, a notification must be submitted if the failure of a switch for at least 30 minutes duration potentially affects at least 900,000 user-minutes. ( 4 ) Not later than 72 hours after discovering the outage, the provider shall submit electronically an Initial Communications Outage Report to the Commission. Not later than 30 days after discovering the outage, the provider shall submit electronically a Final Communications Outage Report to the Commission. ( 5 ) The Notification and Initial and Final reports shall comply with the requirements of § 4.11 . ( f ) Wireline. All wireline communications providers shall submit electronically a Notification to the Commission within 120 minutes of discovering that they have experienced on any facilities that they own, operate, lease, or otherwise utilize, an outage of at least 30 minutes duration that: ( 1 ) Potentially affects at least 900,000 user minutes of either telephony or paging; ( 2 ) Affects at least 667 OC3 minutes; ( 3 ) Potentially affects any special offices and facilities (in accordance with paragraphs (a) through (d) of § 4.5 ); or ( 4 ) Potentially affects a 911 special facility (as defined in paragraph (e) of § 4.5 ), in which case they also shall notify, as soon as possible by telephone or other electronic means, any official who has been designated by the management of the affected 911 facility as the provider's contact person for communications outages at that facility, and the provider shall convey to that person all available information that may be useful to the management of the affected facility in mitigating the effects of the outage on efforts to communicate with that facility. (OC3 minutes and user minutes are defined in paragraphs (d) and (e) of § 4.7 .) Not later than 72 hours after discovering the outage, the provider shall submit electronically an Initial Communications Outage Report to the Commission. Not later than thirty days after discovering the outage, the provider shall submit electronically a Final Communications Outage Report to the Commission. The Notification and the Initial and Final reports shall comply with all of the requirements of § 4.11 . ( g ) Interconnected VoIP Service Providers. ( 1 ) All interconnected VoIP service providers shall submit electronically a Notification to the Commission: ( i ) Within 240 minutes of discovering that they have experienced on any facilities that they own, operate, lease, or otherwise utilize, an outage of at least 30 minutes duration that potentially affects a 9-1-1 special facility (as defined in (e) of § 4.5 ), in which case they also shall notify, as soon as possible by telephone or other electronic means, any official who has been designated by the management of the affected 9-1-1 facility as the provider's contact person for communications outages at that facility, and the provider shall convey to that person all available information that may be useful to the management of the affected facility in mitigating the effects of the outage on efforts to communicate with that facility; or ( ii ) Within 24 hours of discovering that they have experienced on any facilities that they own, operate, lease, or otherwise utilize, an outage of at least 30 minutes duration: ( A ) That potentially affects at least 900,000 user minutes of interconnected VoIP service and results in complete loss of service; or ( B ) That potentially affects any special offices and facilities (in accordance with paragraphs § 4.5(a) through (d) ). ( 2 ) Not later than thirty days after discovering the outage, the provider shall submit electronically a Final Communications Outage Report to the Commission. The Notification and Final reports shall comply with all of the requirements of § 4.11 . ( h ) Covered 911 service providers. In addition to any other obligations imposed in this section, within thirty minutes of discovering an outage that potentially affects a 911 special facility (as defined in § 4.5 ), all covered 911 service providers (as defined in § 12.4(a)(4) of this chapter ) shall notify as soon as possible but no later than thirty minutes after discovering the outage any official who has been designated by the affected 911 special facility as the provider's contact person(s) for communications outages at that facility and convey all available information that may be useful in mitigating the effects of the outage, as well as a name, telephone number, and email address at which the service provider can be reached for follow-up. The covered 911 service provider shall communicate additional material information to the affected 911 special facility as it becomes available, but no later than two hours after the initial contact. This information shall include the nature of the outage, its best-known cause, the geographic scope of the outage, the estimated time for repairs, and any other information that may be useful to the management of the affected facility. All notifications shall be transmitted by telephone and in writing via electronic means in the absence of another method mutually agreed upon in advance by the 911 special facility and the covered 911 service provider. [ 69 FR 70338 , Dec. 3, 2004, as amended at 77 FR 25097 , Apr. 27, 2012; 79 FR 3130 , Jan. 17, 2014; 79 FR 7589 , Feb. 10, 2014; 81 FR 45068 , July 12, 2016; 88 FR 9764 , Feb. 15, 2023] § 4.11 Notification and initial and final communications outage reports that must be filed by communications providers. Notification and Initial and Final Communications Outage Reports shall be submitted by a person authorized by the communications provider to submit such reports to the Commission. The person submitting the Final report to the Commission shall also be authorized by the provider to legally bind the provider to the truth, completeness, and accuracy of the information contained in the report. Each Final report shall be attested by the person submitting the report that he/she has read the report prior to submitting it and on oath deposes and states that the information contained therein is true, correct, and accurate to the best of his/her knowledge and belief and that the communications provider on oath deposes and states that this information is true, complete, and accurate. The Notification shall provide: The name of the reporting entity; the date and time of onset of the outage; a brief description of the problem; service effects; the geographic area affected by the outage; and a contact name and contact telephone number by which the Commission's technical staff may contact the reporting entity. The Initial and Final Reports shall contain the information required in this part 4. The Initial report shall contain all pertinent information then available on the outage and shall be submitted in good faith. The Final report shall contain all pertinent information on the outage, including any information that was not contained in, or that has changed from that provided in, the Initial report. The Notification and the Initial and Final Communications Outage Reports are to be submitted electronically to the Commission. “Submitted electronically” refers to submission of the information using Commission-approved Web-based outage report templates. If there are technical impediments to using the Web-based system during the Notification stage, then a written Notification to the Commission by e-mail, FAX, or courier may be used; such Notification shall contain the information required. All hand-delivered Notifications and Initial and Final Communications Outage Reports, shall be addressed to the Federal Communications Commission, The Office of Secretary, Attention: Chief, Public Safety & Homeland Security Bureau. Electronic filing shall be effectuated in accordance with procedures that are specified by the Commission by public notice. Notifications and initial reports may be withdrawn under legitimate circumstances, e.g., when the filing was made under the mistaken assumption that an outage was required to be reported. [ 71 FR 69037 , Nov. 29, 2006, as amended at 80 FR 34324 , June 16, 2015] § 4.13 [Reserved] § 4.15 Submarine cable outage reporting. ( a ) Definitions. ( 1 ) For purposes of this section, “outage” is defined as a failure or significant degradation in the performance of a licensee's cable service regardless of whether the traffic can be re-routed to an alternate path, where: ( i ) An outage of a portion of submarine cable system between submarine line terminal equipment (SLTE) at one end of the system and SLTE at another end of the system occurs for 30 minutes or more; or ( ii ) An outage of any fiber pair, including due to terminal equipment, on a cable segment occurs for four hours or more, regardless of the number of fiber pairs that comprise the total capacity of the cable segment. ( 2 ) An “outage” does not require reporting under this section if the outage is caused by announced planned maintenance and the licensee notified its customers in advance of the planned maintenance and its expected duration, except that if the planned maintenance duration surpasses the shortest announced duration for the planned maintenance and this additional time triggers the requirements in paragraph (a)(1) of this section, the outage becomes reportable as of the time the maintenance exceeds the shortest announced duration for the planned maintenance. ( b ) Outage reporting. ( 1 ) For each outage that requires reporting under this section, the licensee (or Responsible Licensee as designated by a Consortium) shall provide the Commission with a Notification, Interim Report, and a Final Outage Report. ( i ) For a submarine cable that is jointly owned and operated by multiple licensees, the licensees of that cable may designate a Responsible Licensee that files outage reports under this rule on behalf of all licensees on the affected cable. ( ii ) Licensees opting to designate a Responsible Licensee must jointly notify the Chief of the Public Safety and Homeland Security Bureau's Cybersecurity and Communications Reliability Division of this decision in writing. Such Notification shall include the name of the submarine cable at issue; and contact information for all licensees on the submarine cable at issue, including the Responsible Licensee. ( 2 ) Notification, Interim, and Final Outage Reports shall be submitted by a person authorized by the licensee to submit such reports to the Commission. ( i ) The person submitting the Final Outage Report to the Commission shall also be authorized by the licensee to legally bind the provider to the truth, completeness, and accuracy of the information contained in the report. Each Final report shall be attested by the person submitting the report that he/she has read the report prior to submitting it and on oath deposes and states that the information contained therein is true, correct, and accurate to the best of his/her knowledge and belief and that the licensee on oath deposes and states that this information is true, complete, and accurate. ( ii ) The Notification is due within 480 minutes (8 hours) of the time of determining that an event is reportable for the first three years from the effective date of these rules. After three years from the effective date of the rules, Notifications shall be due within 240 minutes (4 hours). The Notification shall be submitted in good faith. Licensees shall provide: The name of the reporting entity; the name of the cable and a list of all licensees for that cable; the date and time of onset of the outage, if known (for planned events as defined in paragraph (a)(2) of this section, this is the estimated start time/date of the repair); a brief description of the event, including root cause if known; nearest cable landing station; best estimate of approximate location of the event, if known (expressed in either nautical miles and the direction from the nearest cable landing station or in latitude and longitude coordinates); best estimate of the duration of the event, if known; whether the event is related to planned maintenance; and a contact name, contact email address, and contact telephone number by which the Commission's technical staff may contact the reporting entity. ( iii ) The Interim Report is due within 24 hours of receiving the Plan of Work. The Interim Report shall be submitted in good faith. Licensees shall provide: The name of the reporting entity; the name of the cable; a brief description of the event, including root cause, if known; the date and time of onset of the outage; nearest cable landing station; approximate location of the event (expressed in either nautical miles and the direction from the nearest cable landing station or in latitude and longitude); best estimate of when the cable is scheduled to be repaired, including approximate arrival time and date of the repair ship, if applicable; a contact name, contact email address, and contact telephone number by which the Commission's technical staff may contact the reporting entity. ( iv ) The Final Outage Report is due seven (7) days after the repair is completed. The Final Outage Report shall be submitted in good faith. Licensees shall provide: The name of the reporting entity; the name of the cable; the date and time of onset of the outage (for planned events as defined in paragraph (a)(2) of this section, this is the start date and time of the repair); a brief description of the event, including the root cause if known; nearest cable landing station; approximate location of the event (expressed either in nautical miles and the direction from the nearest cable landing station or in latitude and longitude coordinates); duration of the event, as defined in paragraph (a) of this section; the restoration method; and a contact name, contact email address, and contact telephone number by which the Commission's technical staff may contact the reporting entity. If any required information is unknown at the time of submission of the Final Report but later becomes known, licensees should amend their report to reflect this knowledge. The Final Report must also contain an attestation as described in paragraph (b)(2)(i) of this section. ( v ) The Notification, Interim Report, and Final Outage Reports are to be submitted electronically to the Commission. “Submitted electronically” refers to submission of the information using Commission-approved Web-based outage report templates. If there are technical impediments to using the Web-based system during the Notification stage, then a written Notification to the Commission by email to the Chief, Public Safety and Homeland Security Bureau is permitted; such Notification shall contain the information required. Electronic filing shall be effectuated in accordance with procedures that are specified by the Commission by public notice. Notifications, Interim reports, and Final Reports may be withdrawn under legitimate circumstances, e.g., when the filing was made under the mistaken assumption that an outage was required to be reported. ( c ) Confidentiality. Reports filed under this part will be presumed to be confidential. Public access to reports filed under this part may be sought only pursuant to the procedures set forth in 47 CFR 0.461 . Notice of any requests for inspection of outage reports will be provided pursuant to 47 CFR 0.461(d)(3) . [ 81 FR 52363 , Aug. 8, 2016, as amended at 85 FR 15740 , Mar. 19, 2020; 86 FR 22361 , Apr. 28, 2021] § 4.17 Mandatory Disaster Response Initiative. ( a ) Facilities-based mobile wireless providers are required to perform, or have established, the following procedures when: ( 1 ) Any entity authorized to declare Emergency Support Function 2 (ESF-2) activates ESF-2 for a given emergency or disaster; ( 2 ) The Commission activates the Disaster Information Reporting System (DIRS); or ( 3 ) The Commission's Chief of the Public Safety and Homeland Security Bureau issues a Public Notice activating the Mandatory Disaster Response Initiative in response to a state request to do so, where the state has also either activated its Emergency Operations Center, activated mutual aid or proclaimed a local state of emergency: ( i ) Provide for reasonable roaming under disaster arrangements (RuDs) when technically feasible, where: ( A ) A requesting provider's network has become inoperable and the requesting provider has taken all appropriate steps to attempt to restore its own network; and ( B ) The provider receiving the request (home provider) has determined that roaming is technically feasible and will not adversely affect service to the home provider's own subscribers, provided that existing roaming arrangements and call processing methods do not already achieve these objectives and that any new arrangements are limited in duration and contingent on the requesting provider taking all possible steps to restore service on its own network as quickly as possible; ( ii ) Establish mutual aid arrangements with other facilities-based mobile wireless providers for providing aid upon request to those providers during emergencies, where such agreements address the sharing of physical assets and commit to engaging in necessary consultation where feasible during and after disasters, provided that the provider supplying the aid has reasonably first managed its own network needs; ( iii ) Take reasonable measures to enhance municipal preparedness and restoration; ( iv ) Take reasonable measures to increase consumer readiness and preparation; and ( v ) Take reasonable measures to improve public awareness and stakeholder communications on service and restoration status. ( b ) Providers subject to the requirements of paragraph (a) of this section are required to perform annual testing of their roaming capabilities and related coordination processes, with such testing performed bilaterally with other providers that may foreseeably roam, or request roaming from, the provider during times of disaster or other exigency. ( c ) Providers subject to the requirements of paragraph (a) of this section are required to submit reports to the Commission detailing the timing, duration, and effectiveness of their implementation of the Mandatory Disaster Response Initiative's provisions in this section within 60 days of when the Public Safety and Homeland Security Bureau issues a Public Notice announcing such reports must be filed for providers operating in a certain geographic area in the aftermath of a disaster. ( d ) Providers subject to the requirements of paragraph (a) of this section are required retain RuDs for a period of at least one year after their expiration and supply copies of such agreements to the Commission promptly upon Commission request. ( e ) Compliance with the provisions of this section is required beginning May 1, 2024. [ 87 FR 59339 , Sept. 30, 2022, as amended at 89 FR 20869 , Mar. 26, 2024] § 4.18 Mandatory Disaster Information Reporting System (DIRS) reporting for Cable Communications, Wireless, Wireline, and VoIP providers. ( a ) Cable Communications, Wireline, Wireless, and Interconnected VoIP providers shall be required to report their infrastructure status information each day in the Disaster Information Reporting System (DIRS) when the Commission activates DIRS in geographic areas in which they provide service, even when their reportable infrastructure has not changed compared to the prior day. Cable Communications, Wireless, Wireline and Interconnected VoIP providers are subject to mandated reporting in DIRS and shall: ( 1 ) Provide daily reports on their infrastructure status from the start of DIRS activation until DIRS has been deactivated. ( 2 ) Provide a single, final report to the Commission within 24 hours of the Commission's deactivation of DIRS and the termination of required daily reporting, detailing the state of their infrastructure at the time of DIRS deactivation and an estimated date of resolution of any remaining outages. ( b ) Cable Communications, Wireline, Wireless, and Interconnected VoIP providers who provide a DIRS report pursuant to paragraph (a) of this section are not required to make submissions in the Network Outage Reporting System (NORS) under this chapter pertaining to any incidents arising during the DIRS activation and that are timely reported in DIRS. Subject providers shall be notified that DIRS is activated and deactivated pursuant to Public Notice from the Commission and/or the Public Safety and Homeland Security Bureau. ( c ) This section may contain information collection and/or recordkeeping requirements. Compliance with this section will not be required until this paragraph (c) is removed or contains compliance dates. [ 89 FR 25542 , Apr. 11, 2024]
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PART 53—SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES Authority: 47 U.S.C. 151-155 , 157 , 201-205 , 218 , 251 , 253 , 271-275 , unless otherwise noted. Source: 62 FR 2967 , Jan. 21, 1997, unless otherwise noted. Subpart A—General Information § 53.1 Basis and purpose. ( a ) Basis. The rules in this part are issued pursuant to the Communications Act of 1934, as amended. ( b ) Purpose. The purpose of the rules in this part is to implement sections 271 and 272 of the Communications Act of 1934, as amended, 47 U.S.C. 271 and 272 . § 53.3 Terms and definitions. Terms used in this part have the following meanings: Act. The Act means the Communications Act of 1934, as amended. Affiliate. An affiliate is a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this part, the term “own” means to own an equity interest (or the equivalent thereof) of more than 10 percent. AT&T Consent Decree. The AT&T Consent Decree is the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, Civil Action No. 82-0192, in the United States District Court for the District of Columbia, and any judgment or order with respect to such action entered on or after August 24, 1982. Bell Operating Company (BOC). The term Bell operating company ( 1 ) Means any of the following companies: Bell Telephone Company of Nevada, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, New England Telephone and Telegraph Company, New Jersey Bell Telephone Company, New York Telephone Company, U S West Communications Company, South Central Bell Telephone Company, Southern Bell Telephone and Telegraph Company, Southwestern Bell Telephone Company, The Bell Telephone Company of Pennsylvania, The Chesapeake and Potomac Telephone Company, The Chesapeake and Potomac Telephone Company of Maryland, The Chesapeake and Potomac Telephone Company of Virginia, The Chesapeake and Potomac Telephone Company of West Virginia, The Diamond State Telephone Company, The Ohio Bell Telephone Company, The Pacific Telephone and Telegraph Company, or Wisconsin Telephone Company; and ( 2 ) Includes any successor or assign of any such company that provides wireline telephone exchange service; but ( 3 ) Does not include an affiliate of any such company, other than an affiliate described in paragraphs (1) or (2) of this definition. In-Region InterLATA service. In-region interLATA service is interLATA service that originates in any of a BOC's in-region states, which are the states in which the BOC or any of its affiliates was authorized to provide wireline telephone exchange service pursuant to the reorganization plan approved under the AT&T Consent Decree, as in effect on February 7, 1996. For the purposes of this part, 800 service, private line service, or equivalent services that terminate in a BOC's in-region state and allow the called party to determine the interLATA carrier are considered to be in-region interLATA service. InterLATA Information Service. An interLATA information service is an information service that incorporates as a necessary, bundled element an interLATA telecommunications transmission component, provided to the customer for a single charge. InterLATA Service. An interLATA service is a service that involves telecommunications between a point located in a LATA and a point located outside such area. The term “interLATA service” includes both interLATA telecommunications services and interLATA information services. Local Access and Transport Area (LATA). A LATA is a contiguous geographic area: ( 1 ) Established before February 8, 1996 by a BOC such that no exchange area includes points within more than one metropolitan statistical area, consolidated metropolitan statistical area, or state, except as expressly permitted under the AT&T Consent Decree; or ( 2 ) Established or modified by a BOC after February 8, 1996 and approved by the Commission. Local Exchange Carrier (LEC). A LEC is any person that is engaged in the provision of telephone exchange service or exchange access. Such term does not include a person insofar as such person is engaged in the provision of commercial mobile service under section 332(c) of the Act, except to the extent that the Commission finds that such service should be included in the definition of such term. Out-of-Region InterLATA service. Out-of-region interLATA service is interLATA service that originates outside a BOC's in-region states. Section 272 affiliate. A section 272 affiliate is a BOC affiliate that complies with the separate affiliate requirements of section 272(b) of the Act and the regulations contained in this part. Subpart B—Bell Operating Company Entry Into InterLATA Services [Reserved] Subpart C—Separate Affiliate; Safeguards § 53.201 Services for which a section 272 affiliate is required. For the purposes of applying section 272(a)(2) of the Act: ( a ) Previously authorized activities. When providing previously authorized activities described in section 271(f) of the Act, a BOC shall comply with the following: ( 1 ) A BOC shall provide previously authorized interLATA information services and manufacturing activities through a section 272 affiliate no later than February 8, 1997. ( 2 ) A BOC shall provide previously authorized interLATA telecommunications services in accordance with the terms and conditions of the orders entered by the United States District Court for the District of Columbia pursuant to section VII or VIII(C) of the AT&T Consent Decree that authorized such services. ( b ) InterLATA information services. A BOC shall provide an interLATA information service through a section 272 affiliate when it provides the interLATA telecommunications transmission component of the service either over its own facilities, or by reselling the interLATA telecommunications services of an interexchange provider. ( c ) Out-of-region interLATA information services. A BOC shall provide out-of-region interLATA information services through a section 272 affiliate. § 53.203 Structural and transactional requirements. ( a ) Operational independence. A section 272 affiliate and the BOC of which it is an affiliate shall not jointly own transmission and switching facilities or the land and buildings where those facilities are located. ( b ) Separate books, records, and accounts. A section 272 affiliate shall maintain books, records, and accounts, which shall be separate from the books, records, and accounts maintained by the BOC of which it is an affiliate. ( c ) Separate officers, directors, and employees. A section 272 affiliate shall have separate officers, directors, and employees from the BOC of which it is an affiliate. ( d ) Credit arrangements. A section 272 affiliate shall not obtain credit under any arrangement that would permit a creditor, upon default, to have recourse to the assets of the BOC of which it is an affiliate. ( e ) Arm's-length transactions. A section 272 affiliate shall conduct all transactions with the BOC of which it is an affiliate on an arm's length basis, pursuant to the accounting rules described in § 32.27 of this chapter , with any such transactions reduced to writing and available for public inspection. [ 62 FR 2967 , Jan. 21, 1997, as amended at 69 FR 16496 , Mar. 30, 2004; 70 FR 55302 , Sept. 21, 2005] § 53.205 Fulfillment of certain requests. [Reserved] § 53.207 Successor or assign. If a BOC transfers to an affiliated entity ownership of any network elements that must be provided on an unbundled basis pursuant to section 251(c)(3) of the Act, such entity will be deemed to be an “assign” of the BOC under section 3(4) of the Act with respect to such transferred network elements. A BOC affiliate shall not be deemed a “successor or assign” of a BOC solely because it obtains network elements from the BOC pursuant to section 251(c)(3) of the Act. [ 62 FR 2967 , Jan. 21, 1997; 63 FR 34604 , June 25, 1998] § 53.209 Biennial audit. ( a ) A Bell operating company required to operate a separate affiliate under section 272 of the Act shall obtain and pay for a Federal/State joint audit every two years conducted by an independent auditor to determine whether the Bell operating company has complied with the rules promulgated under section 272 and particularly the audit requirements listed in paragraph (b) of this section. ( b ) The independent audit shall determine: ( 1 ) Whether the separate affiliate required under section 272 of the Act has: ( i ) Operated independently of the Bell operating company; ( ii ) Maintained books, records, and accounts in the manner prescribed by the Commission that are separate from the books, records and accounts maintained by the Bell operating company; ( iii ) Officers, directors and employees that are separate from those of the Bell operating company; ( iv ) Not obtained credit under any arrangement that would permit a creditor, upon default, to have recourse to the assets of the Bell operating company; and ( v ) Conducted all transactions with the Bell operating company on an arm's length basis with the transactions reduced to writing and available for public inspection. ( 2 ) Whether or not the Bell operating company has: ( i ) Discriminated between the separate affiliate and any other entity in the provision or procurement of goods, services, facilities, and information, or the establishment of standards; ( ii ) Accounted for all transactions with the separate affiliate in accordance with the accounting principles and rules approved by the Commission. ( 3 ) Whether or not the Bell operating company and an affiliate subject to section 251(c) of the Act: ( i ) Have fulfilled requests from unaffiliated entities for telephone exchange service and exchange access within a period no longer than the period in which it provides such telephone exchange service and exchange access to itself or its affiliates; ( ii ) Have made available facilities, services, or information concerning its provision of exchange access to other providers of interLATA services on the same terms and conditions as it has to its affiliate required under section 272 that operates in the same market; ( iii ) Have charged its separate affiliate under section 272, or imputed to itself (if using the access for its provision of its own services), an amount for access to its telephone exchange service and exchange access that is no less than the amount charged to any unaffiliated interexchange carriers for such service; and ( iv ) Have provided any interLATA or intraLATA facilities or services to its interLATA affiliate and made available such services or facilities to all carriers at the same rates and on the same terms and conditions, and allocated the associated costs appropriately. ( c ) An independent audit shall be performed on the first full year of operations of the separate affiliate required under section 272 of the Act, and biennially thereafter. ( d ) The Chief, Enforcement Bureau, shall work with the regulatory agencies in the states having jurisdiction over the Bell operating company's local telephone services, to attempt to form a Federal/State joint audit team with the responsibility for overseeing the planning of the audit as specified in § 53.211 and the analysis and evaluation of the audit as specified in § 53.213 . The Federal/State joint audit team may direct the independent auditor to take any actions necessary to ensure compliance with the audit requirements listed in paragraph (b) of this section. If the state regulatory agencies having jurisdiction choose not to participate in the Federal/State joint audit team, the Chief, Enforcement Bureau, shall establish an FCC audit team to oversee and direct the independent auditor to take any actions necessary to ensure compliance with the audit requirements in paragraph (b) of this section. [ 62 FR 2926 , Jan. 21, 1997, as amended at 67 FR 13226 , Mar. 21, 2002] § 53.211 Audit planning. ( a ) Before selecting an independent auditor, the Bell operating company shall submit preliminary audit requirements, including the proposed scope of the audit and the extent of compliance and substantive testing, to the Federal/State joint audit team organized pursuant to § 53.209(d) ; ( b ) The Federal/State joint audit team shall review the preliminary audit requirements to determine whether it is adequate to meet the audit requirements in § 53.209 (b) . The Federal/State joint audit shall have 30 days to review the audit requirements and determine any modifications that shall be incorporated into the final audit requirements. ( c ) After the audit requirements have been approved by the Federal/State joint audit team, the Bell operating company shall engage within 30 days an independent auditor to conduct the biennial audit. In making its selection, the Bell operating company shall not engage any independent auditor who has been instrumental during the past two years in designing any of the accounting or reporting systems under review in the biennial audit. ( d ) The independent auditor selected by the Bell operating company to conduct the audit shall develop a detailed audit program based on the final audit requirements and submit it to the Federal/State joint audit team. The Federal/State joint audit team shall have 30 days to review the audit program and determine any modifications that shall be incorporated into the final audit program. ( e ) During the course of the biennial audit, the independent auditor, among other things, shall: ( 1 ) Inform the Federal/State joint audit team of any revisions to the final audit program or to the scope of the audit. ( 2 ) Notify the Federal/State joint audit team of any meetings with the Bell operating company or its separate affiliate in which audit findings are discussed. ( 3 ) Submit to the Chief, Enforcement Bureau, any accounting or rule interpretations necessary to complete the audit. [ 62 FR 2926 , Jan. 21, 1997, as amended at 67 FR 13226 , Mar. 21, 2002] § 53.213 Audit analysis and evaluation. ( a ) Within 60 dates after the end of the audit period, but prior to discussing the audit findings with the Bell operating company or the separate affiliate, the independent auditor shall submit a draft of the audit report to the Federal/State joint audit team. ( 1 ) The Federal/State joint audit team shall have 45 days to review the audit findings and audit workpapers, and offer its recommendations concerning the conduct of the audit or the audit findings to the independent auditor. Exceptions of the Federal/State joint audit team to the finding and conclusions of the independent auditor that remain unresolved shall be included in the final audit report. ( 2 ) Within 15 days after receiving the Federal/State joint audit team's recommendations and making appropriate revisions to the audit report, the independent auditor shall submit the audit report to the Bell operating company for its response to the audit findings and send a copy to the Federal/State joint audit team. The independent auditor may request additional time to perform additional audit work as recommended by the Federal/State joint audit team. ( b ) Within 30 days after receiving the audit report, the Bell operating company will respond to the audit findings and send a copy of its response to the Federal/State joint audit team. The Bell operating company's response shall be included as part of the final audit report along with any reply that the independent auditor wishes to make to the response. ( c ) Within 10 days after receiving the response of the Bell operating company, the independent auditor shall make available for public inspection the final audit report by filing it with the Commission and the state regulatory agencies participating on the joint audit team. ( d ) Interested parties may file comments with the Commission within 60 days after the audit report is made available for public inspection. [ 62 FR 2927 , Jan. 21, 1997] Subpart D—Manufacturing by Bell Operating Companies § 53.301 [Reserved] Subpart E—Electronic Publishing by Bell Operating Companies § 53.401 [Reserved] Subpart F—Alarm Monitoring Services § 53.501 [Reserved]
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PART 3—AUTHORIZATION AND ADMINISTRATION OF ACCOUNTING AUTHORITIES IN MARITIME AND MARITIME MOBILE-SATELLITE RADIO SERVICES Authority: 47 U.S.C. 154(i) , 154(j) and 303(r) . Source: 61 FR 20165 , May 6, 1996, unless otherwise noted. General § 3.1 Scope, basis, purpose. By these rules the Federal Communications Commission (FCC) is delineating its responsibilities in certifying and monitoring accounting authorities in the maritime mobile and maritime mobile-satellite radio services. These entities settle accounts for public correspondence due to foreign administrations for messages transmitted at sea by or between maritime mobile stations located on board ships subject to U.S. registry and utilizing foreign coast and coast earth station facilities. These rules are intended to ensure that settlements of accounts for U.S. licensed ship radio stations are conducted in accordance with the International Telecommunication Regulations (ITR), taking into account the applicable ITU-T Recommendations. § 3.2 Terms and definitions. ( a ) Accounting Authority. The Administration of the country that has issued the license for a mobile station or the recognized operating agency or other entity/entities designated by the Administration in accordance with ITR, Appendix 2 and ITU-T Recommendation D.90 to whom maritime accounts in respect of mobile stations licensed by that country may be sent. ( b ) Accounting Authority Certification Officer. The official designated by the Managing Director, Federal Communications Commission, who is responsible, based on the coordination and review of information related to applicants, for granting certification as an accounting authority in the maritime mobile and maritime mobile-satellite radio services. The Accounting Authority Certification Officer may initiate action to suspend or cancel an accounting authority certification if it is determined to be in the public's best interest. ( c ) Accounting Authority Identification Codes (AAICs). The discrete identification code of an accounting authority responsible for the settlement of maritime accounts (Annex A to ITU-T Recommendation D.90). ( d ) Administration. Any governmental department or service responsible for discharging the obligations undertaken in the Convention of the International Telecommunication Union and the Radio Regulations. For purposes of these rules, “Administration” refers to a foreign government or the U.S. Government, and more specifically, to the Federal Communications Commission. ( e ) Authorization. Approval by the Federal Communications Commission to operate as an accounting authority. Synonymous with “certification”. ( f ) CCITT. The internationally recognized French acronym for the International Telegraph and Telephone Consultative Committee, one of the former sub-entities of the International Telecommunication Union (ITU). The CCITT (ITU-T) [ 1 ] is responsible for developing international telecommunications recommendations relating to standardization of international telecommunications services and facilities, including matters related to international charging and accounting principles and the settlement of international telecommunications accounts. Such recommendations are, effectively, the detailed implementation provisions for topics addressed in the International Telecommunication Regulations (ITR). ( g ) Certification. Approval by the FCC to operate as an accounting authority. Synonymous with “authorization”. ( h ) Coast Earth Station. An earth station in the fixed-satellite service or, in some cases, in the maritime mobile-satellite service, located at a specified fixed point on land to provide a feeder link for the maritime mobile-satellite service. ( i ) Coast Station. A land station in the maritime mobile service. ( j ) Commission. The Federal Communications Commission. The FCC. ( k ) Gold Franc. A monetary unit representing the value of a particular nation's currency to a gold par value. One of the monetary units used to effect accounting settlements in the maritime mobile and the maritime mobile-satellite services. ( l ) International Telecommunication Union (ITU). One of the United Nations family organizations headquartered in Geneva, Switzerland along with several other United Nations (UN) family organizations. The ITU is the UN agency responsible for all matters related to international telecommunications. The ITU has over 180 Member Countries, including the United States, and provides an international forum for dealing with all aspects of international telecommunications, including radio, telecom services and telecom facilities. ( m ) Linking Coefficient. The ITU mandated conversion factor used to convert gold francs to Special Drawing Rights (SDRs). Among other things, it is used to perform accounting settlements in the maritime mobile and the maritime mobile-satellite services. ( n ) Maritime Mobile Service. A mobile service between coast stations and ship stations, or between ship stations, or between associated on-board communication stations. Survival craft stations and emergency position- indicating radiobeacon stations may also participate in this service. ( o ) Maritime Mobile-Satellite Service. A mobile-satellite service in which mobile earth stations are located on board ships. Survival craft stations and emergency position-indicating radiobeacon stations may also participate in this radio service. ( p ) Public Correspondence. Any telecommunication which the offices and stations must, by reason of their being at the disposal of the public, accept for transmission. This usually applies to maritime mobile and maritime mobile-satellite stations. ( q ) Recognized Operating Agencies (ROAs). [ 2 ] Individuals, companies or corporations, other than governments or agencies, recognized by administrations, which operate telecommunications installations or provide telecommunications services intended for international use or which are capable of causing interference to international telecommunications. ROAs which settle debtor accounts for public correspondence in the maritime mobile and maritime mobile-satellite radio services must be certified as accounting authorities. ( r ) Ship Station. A mobile station in the maritime mobile service located on board a vessel which is not permanently moored, other than a survival craft station. ( s ) Special Drawing Right (SDR). A monetary unit of the International Monetary Fund (IMF) currently based on a market basket of exchange rates for the United States, West Germany, Great Britain, France and Japan but is subject to IMF's definition. One of the monetary units used to effect accounting settlements in the maritime mobile and maritime mobile-satellite services. ( t ) United States. The continental U.S., Alaska, Hawaii, the Commonwealth of Puerto Rico, the Virgin Islands or any territory or possession of the United States. Footnotes -
3.2 [ 1 ] At the ITU Additional Plenipotentiary Conference in Geneva (December, 1992), the structure, working methods and construct of the basic ITU treaty instrument were modified. The result is that the names of the sub-entities of the ITU have changed (e.g., the CCITT has become the Telecommunication Standardization Sector—ITU-T and Recognized Private Operating Agency has become Recognized Operating Agency-ROA). The changes were placed into provisional effect on March 1, 1993 with the formal entry into force of these changes being July 1, 1994. We will refer to the new nomenclatures within these rules, wherever practicable. [ 2 ] Id. Eligibility § 3.10 Basic qualifications. ( a ) Applicants must meet the requirements and conditions contained in these rules in order to be certified as an accounting authority. No individual or other entity, including accounting authorities approved by other administrations, may act as a United States accounting authority and settle accounts of U.S. licensed vessels in the maritime mobile or maritime mobile-satellite services without a certification from the Federal Communications Commission. Accounting authorities with interim certification as of the effective date of this rule must submit to the application process discussed in § 3.20 . They will be “grandfathered”, i.e, granted permanent certification provided they demonstrate their eligibility and present a proper application. ( b ) U.S. citizenship is not required of individuals in order to receive certification from the Commission to be an accounting authority. Likewise, joint ventures need not be organized under the laws of the United States in order to be eligible to perform settlements for U.S. licensed vessels. See, however, § 3.11 . ( c ) Prior experience in maritime accounting, general commercial accounting, international shipping or any other related endeavor will be taken into consideration by the Commission in certifying accounting authorities. The lack of such expertise, however, will not automatically disqualify an individual, partnership, corporation or other entity from becoming an accounting authority. ( d ) Applicants must provide formal financial statements or documentation proving all assets, liabilities, income and expenses. ( e ) Applicants must offer their services to any member of the public making a reasonable request therefor, without undue discrimination against any customer or class of customer, and fees charged for providing such services shall be reasonable and non-discriminatory. This requirement will be waived for applicants who settle their own accounts only and are eligible to be “grandfathered” during the initial application period. However, should the need for additional accounting authorities be proven, these accounting authorities will be required to offer their services to the public or relinquish their certification. [ 61 FR 20165 , May 6, 1996, as amended at 64 FR 40776 , July 28, 1999] § 3.11 Location of settlement operation. ( a ) Within the United States. A certified accounting authority maintaining all settlement operations, as well as associated documentation, within the United States will be assigned an AAIC with a “US” prefix. ( b ) Outside the United States. A certified accounting authority maintaining settlement operations outside the United States will be assigned the same AAIC as that originally assigned to such entity by the administration of the country of origin. However, in no case will an entity be certified as an accounting authority for settlement of U.S. licensed vessel accounts unless the entity is requesting to conduct a settlement operation in the United States or has already been issued an AAIC by another administration. Application Procedures § 3.20 Application form. Written application must be made to the Federal Communications Commission on FCC Form 44, “Application For Certification As An Accounting Authority” in order to be considered for certification as an accounting authority. No other application form may be used. No consideration will be given to applicants not submitting applications in accordance with these rules or in accordance with any other instructions the Commission may issue. FCC Form 44 may be obtained from the Commission by writing to the address shown in § 3.61 . § 3.21 Order of consideration. ( a ) Accounting Authority applications will be processed on a first-come, first-served basis. When applications are received on the same day, the application with the earliest mailing date, as evidenced by the postmark, will be processed first. Interim accounting authorities seeking permanent certifications through the “grandfathering” process will not compete with other applicants during the first 60 days following the effective date of these rules which is allowed for submission of their applications. After the “grandfathering” process is completed, all other applicants will be processed as in paragraph (a) of this section. ( b ) At any given time, there will be no more than 25 certified accounting authorities with a minimum of 15 “US” AAICs reserved for use by accounting authorities conducting settlement operations within the United States. The Commission will retain all valid applications received after the maximum number of accounting authorities have been approved and will inform such applicants that should an AAIC become available for reassignment in the future, the Commission will conditionally certify as an accounting authority the oldest of the qualified pending applicants, as determined by the order of receipt. Final certification would be conditional upon filing of an amended application (if necessary). The Commission will inform the applicant of his/her conditional selection in writing to confirm the applicant's continued interest in becoming an accounting authority. § 3.22 Number of accounting authority identification codes per applicant. ( a ) No entity will be entitled to or assigned more than one AAIC. ( b ) AAICs may not be reassigned, sold, bartered or transferred and do not convey upon sale or absorption of a company or firm without the express written approval of the Commission. Only the FCC may certify accounting authorities and assign U.S. AAICs for entities settling accounts of U.S. licensed vessels in the maritime mobile and maritime mobile-satellite services. ( c ) Accounting authorities who are “grandfathered” during the initial application period may retain their interim AAIC. § 3.23 Legal applicant. The application shall be signed by the individual, partner or primary officer of a corporation who is legally able to obligate the entity for which he or she is a representative. § 3.24 Evidence of financial responsibility. All applicants must provide evidence of sound financial status. To the extent that the applicant is a business, formal financial statements will be required. Other applicants may submit documentation proving all assets, liabilities, income and expenses which supports their ability to meet their personal obligations. Applicants must provide any additional information deemed necessary by the Commission. § 3.25 Number of copies. One original and one copy of FCC Form 44, “Application For Certification As An Accounting Authority” will be required. Only applications mailed to the Commission on official, Commission approved application forms will be considered. Applications should be mailed at least 90 days prior to planned commencement of settlement activities to allow time for the Commission to review the application and to allow for the informal public comment period. § 3.26 Where application is to be mailed. All applications shall be mailed to the Accounting Authority Certification Officer in Washington, D.C. The designated address will be provided on the FCC Form 44, “Application for Certification As An Accounting Authority”. § 3.27 Amended application. Changes in circumstances that cause information previously supplied to the FCC to be incorrect or incomplete and that could affect the approval process, require the submission of an amended application. The amended application should be mailed to the Commission immediately following such change. See also §§ 3.24 and 3.51 . § 3.28 Denial of privilege. ( a ) The Commission, in its sole discretion, may refuse to grant an application to become an accounting authority for any of the following reasons: ( 1 ) Failure to provide evidence of acceptable financial responsibility; ( 2 ) If the applicant, in the opinion of the FCC reviewing official, does not possess the qualifications necessary to the proper functioning of an accounting authority; ( 3 ) Application is not personally signed by the proper official(s); ( 4 ) Applicant does not provide evidence that accounting operations will take place in the United States or its territories and the applicant does not already possess an AAIC issued by another administration; ( 5 ) Application is incomplete, the applicant fails to provide additional information requested by the Commission or the applicant indicates that it cannot meet a particular provision; or ( 6 ) When the Commission determines that the grant of an authorization is contrary to the public interest. ( b ) These rules provide sufficient latitude to address defects in applications. Entities seeking review should follow procedures set forth in § 1.106 or § 1.115 of this chapter . § 3.29 Notifications. ( a ) The Commission will publish the name of an applicant in a Public Notice before granting certification and will invite informal public comment on the qualifications of the applicant from any interested parties. Comments received will be taken into consideration by the Commission in making its determination as to whether to approve an applicant as an accounting authority. Thirty days will be allowed for submission of comments. ( b ) The Commission will notify each applicant in writing as to whether the applicant has been approved as an accounting authority. If the application is not approved, the Commission will provide a brief statement of the grounds for denial. ( c ) The names and addresses of all newly certified accounting authorities will be published in a Public Notice issued by the Commission. Additionally, the Commission will notify the ITU within 30 days of any changes to its approved list of accounting authorities. Settlement Operations § 3.40 Operational requirements. All accounting authorities must conduct their operations in conformance with the provisions contained in this section and with relevant rules and guidance issued from time to time by the Commission. § 3.41 Amount of time allowed before initial settlements. An accounting authority must begin settling accounts no later than six months from the date of certification. Failure to commence settlement operations is cause for suspension or cancellation of an accounting authority certification. § 3.42 Location of processing facility. Settlement of maritime mobile and maritime mobile-satellite service accounts must be performed within the United States by all accounting authorities possessing the “US” prefix. Other accounting authorities approved by the Commission may settle accounts either in the U.S. or elsewhere. See also §§ 3.11 and 3.21(b) . § 3.43 Applicable rules and regulations. Accounting authority operations must be conducted in accordance with applicable FCC rules and regulations, the International Telecommunication Regulations (ITR), and other international rules, regulations, agreements, and, where appropriate, ITU-T Recommendations. In particular, the following must be adhered to or taken into account in the case of ITU-T. ( a ) The latest basic treaty instrument(s) of the International Telecommunication Union (ITU); ( b ) Binding agreements contained in the Final Acts of World Administrative Radio Conferences and/or World International Telecommunication Conferences; ( c ) ITU Radio Regulations; ( d ) ITU International Telecommunication Regulations (ITR); ( e ) ITU-T Recommendations (particularly D.90 and D.195); and ( f ) FCC Rules and Regulations ( 47 CFR part 3 ). § 3.44 Time to achieve settlements. All maritime telecommunications accounts should be timely paid in accordance with applicable ITU Regulations, Article 66 and International Telecommunication Regulations (Melbourne, 1988). Accounting authorities are deemed to be responsible for remitting, in a timely manner, all valid amounts due to foreign administrations or their agents. § 3.45 Amount of charges. Accounting Authorities may charge any reasonable fee for their settlement services. Settlements themselves, however, must adhere to the standards set forth in these rules and must be in accordance with the International Telecommunication Regulations (ITR) taking into account the applicable ITU-T Recommendations and other guidance issued by the Commission. § 3.46 Use of gold francs. An accounting authority must accept accounts presented to it from foreign administrations in gold francs. These gold francs must be converted on the date of receipt of the bill to the applicable Special Drawing Right (SDR) rate (as published by the International Monetary Fund) on that date utilizing the linking coefficient of 3.061 gold francs = 1 SDR. An equivalent amount in U.S. dollars must be paid to the foreign administration. Upon written concurrence by the FCC, an accounting authority may make separate agreements, in writing, with foreign administrations or their agents for alternative settlement methods, in accordance with ITU-T Recommendation D.195. § 3.47 Use of SDRs. An accounting authority must accept accounts presented to it from foreign administrations in Special Drawing Rights (SDRs). These SDRs must be converted to dollars on the date of receipt by the accounting authority and an equivalent amount in US dollars must be paid to the foreign administration. The conversion rate will be the applicable rate published by the International Monetary Fund (IMF) for the date of receipt of the account from the foreign administration. Upon written concurrence by the FCC, any accounting authority may make separate agreements, in writing, with foreign administrations or their agents for alternative settlement methods, provided account is taken of ITU-T Recommendation D.195. § 3.48 Cooperation with the Commission. Accounting authorities must cooperate fully with the FCC in all respects concerning international maritime settlements issues, including the resolution of questions of fact or other issues arising as a result of settlement operations. § 3.49 Agreement to be audited. Accounting authorities accept their certifications on condition that they are subject to audit of their settlement activities by the Commission or its representative. Additionally, the Commission reserves the right to verify any statement(s) made or any materials submitted to the Commission under these rules. Verification may involve discussions with ship owners or others as well as the requirement to submit additional information to the Commission. Failure to respond satisfactorily to any audit findings is grounds for forfeiture or suspension or cancellation of authority to act as an accounting authority for U.S. vessels. § 3.50 Retention of settlement records. Accounting authorities must maintain, for the purpose of compliance with these rules, all settlement records for a period of at least seven years following settlement of an account with a foreign administration or agent. § 3.51 Cessation of operations. The FCC must be notified immediately should an accounting authority plan to relinquish its certification or cease to perform settlements as authorized. Additionally, the Commission must be advised in advance of any proposed transfer of control of an accounting authority's firm or organization, by any means, to another entity. ( a ) When an accounting authority is transferred, merged or sold, the new entity must apply for certification in its own right if it is interested in becoming an accounting authority. Provided the new applicant is eligible and completes the application process satisfactorily, the AAIC will be transferred to the new applicant. In the case of a merger of two accounting authorities, the merged entity must decide which AAIC to retain. ( b ) Section 3.21(a) will be waived for these applicants. ( c ) The applicant must comply with application process including public comment. ( d ) The applicant must certify acceptance of all accounts and must furnish a list of the accounts to the Commission at the time of application. § 3.52 Complaint/inquiry resolution procedures. ( a ) Accounting authorities must maintain procedures for resolving complaints and/or inquiries from its contractual customers (vessels for which it performs settlements), the FCC, the ITU, and foreign administrations or their agents. These procedures must be available to the Commission upon request. ( b ) If a foreign administration requests assistance in collection of accounts from ships licensed by the FCC, the appropriate accounting authority will provide all information requested by the Commission in a timely manner to enable the Commission to determine the cause of the complaint and to resolve the issue. If accounts are in dispute, the Commission will determine the amount due the foreign administration, accounting authority or ROA, and may direct the accounting authority to pay the accounts to the foreign administration. If the accounting authority does not pay the disputed accounts within a reasonable timeframe, the Commission may take action to levy a forfeiture, cancel the AAIC privilege and/or to revoke any operating authority or licenses held by that accounting authority. (See also § 3.72 ). § 3.53 FCC notification of refusal to provide telecommunications service to U.S. registered vessel(s). An accounting authority must inform the FCC immediately should it receive notice from any source that a foreign administration or facility is refusing or plans to refuse legitimate public correspondence to or from any U.S. registered vessel. § 3.54 Notification of change in address. The Commission must be notified in writing within 15 days of any change in address of an accounting authority. Such written notification should be sent to the address shown in § 3.61 . Reporting Requirements § 3.60 Reports. ( a ) Initial Inventory of Vessels. Within 60 days after receiving final approval from the FCC to be an accounting authority, each certified accounting authority must provide to the FCC an initial list of vessels for which it is performing settlements. This list should contain only U.S. registered vessels. Such list shall be typewritten or computer generated, be annotated to indicate it is the initial inventory and be in the general format of the following and provide the information shown: Vessel Name Call Sign ( b ) Semi-Annual Additions/Modifications/Deletions to Vessel Inventory. Beginning with the period ending on the last day of March or September following submission of an accounting authority's Initial Inventory of Vessels (See paragraph (a) of this section.) and each semi-annual period thereafter, each accounting authority is required to submit to the FCC a report on additions, modifications or deletions to its list of vessels for which it is performing or intending to perform settlements, whether or not settlements actually have taken place. The list should contain only U.S. registered vessels. The report shall be typewritten or computer generated and be in the following general format: Additions to Current Vessel Inventory Vessel Name Call Sign Effective Date Modifications to Current Vessel Inventory Previous Vessel Name Previous Call Sign New Vessel Name New Call Sign Effective Date Deletions to Current Vessel Inventory Vessel Name Call Sign Effective Date The preceding report must be received by the Commission no later than 15 days following the end of the period (March or September) for which the report pertains. Modifications refer to changes to call sign or ship name of vessels for which the accounting authority settles accounts and for which fbasic information has previously been provided to the Commission. Reports are to be submitted even if there have been no additions, modifications or deletions to vessel inventories since the previous report. If there are no changes to an inventory, this should be indicated on the report. ( c ) End of Year Inventory. By February 1st of each year, each accounting authority must submit an end-of-year inventory report listing vessels for which the accounting authority performed settlements as of the previous December 31st. The list should contain only U.S. registered vessels. The report must be typewritten or computer generated and prepared in the same general format as that shown in paragraph (a) of this section except it should be annotated to indicate it is the End of Year inventory. ( d ) Annual Statistical Report of Settlement Operations. By February 1st of each year, each accounting authority settling accounts for U.S. registered vessels must submit to the FCC an Annual Statistical Report, FCC Form 45, which details the number and dollar amount of settlements, by foreign administration, during the preceding twelve months. Information contained in this report provides statistical data that will enable the Commission to monitor operations to ensure adherence to these rules and to appropriate international settlement procedures. FCC Form 45 can be obtained by writing to the address in 3.61 of these rules. § 3.61 Reporting address. All reports must be received at the following address no later than the required reporting date: Accounting Authority Certification Officer, Financial Operations Center, Federal Communications Commission, at the address indicated in 47 CFR 0.401(a) . [ 85 FR 64406 , Oct. 13, 2020] § 3.62 Request for confidentiality. Applicants should comply with § 0.459 of this chapter when requesting confidentiality and cannot assume that it will be offered automatically. Enforcement § 3.70 Investigations. The Commission may investigate any complaints made against accounting authorities to ensure compliance with the Commission's rules and with applicable ITU Regulations and other international maritime accounting procedures. § 3.71 Warnings. The Commission may issue written warnings or forfeitures to accounting authorities which are found not to be operating in accordance with established rules and regulations. Warnings will generally be issued for violations which do not seriously or immediately affect settlement functions or international relations. Continued or unresolved violations may lead to further enforcement action by the Commission, including any or all legally available sanctions, including but not limited to, forfeitures (Communications Act of 1934, Sec. 503), suspension or cancellation of the accounting authority certification. § 3.72 Grounds for further enforcement action. ( a ) The Commission may take further enforcement action, including forfeiture, suspension or cancellation of an accounting authority certification, if it is determined that the public interest so requires. Reasons for which such action may be taken include, inter alia: ( 1 ) Failure to initiate settlements within six months of certification or failure to perform settlements during any subsequent six month period; ( 2 ) Illegal activity or fraud; ( 3 ) Non-payment or late payment to a foreign administration or agent; ( 4 ) Failure to follow ITR requirements and procedures; ( 5 ) Failure to take into account ITU-T Recommendations; ( 6 ) Failure to follow FCC rules and regulations; ( 7 ) Bankruptcy; or ( 8 ) Providing false or incomplete information to the Commission or failure to comply with or respond to requests for information. ( b ) Prior to taking any of the enforcement actions in paragraph (a) of this section, the Commission will give notice of its intent to take the specified action and the grounds therefor, and afford a 30-day period for a response in writing; provided that, where the public interest so requires, the Commission may temporarily suspend a certification pending completion of these procedures. Responses must be forwarded to the Accounting Authority Certification Officer. See § 3.61 . § 3.73 Waiting period after cancellation. An accounting authority whose certification has been cancelled must wait a minimum of three years before reapplying to be an accounting authority. § 3.74 Ship stations affected by suspension, cancellation or relinquishment. ( a ) Whenever the accounting authority privilege has been suspended, cancelled or relinquished, the accounting authority is responsible for immediately notifying all U.S. ship licensees for which it was performing settlements of the circumstances and informing them of the requirement contained in paragraph (b) of this section. ( b ) Those ship stations utilizing an accounting authority's AAIC for which the subject accounting authority certification has been suspended, cancelled or relinquished, should make contractual arrangements with another properly authorized accounting authority to settle its accounts. ( c ) The Commission will notify the ITU of all accounting authority suspensions, cancellations and relinquishments, and ( d ) The Commission will publish a Public Notice detailing all accounting authority suspensions, cancellations and relinquishments. § 3.75 Licensee's failure to make timely payment. Failure to remit proper and timely payment to the Commission or to an accounting authority may result in one or more of the following actions against the licensee: ( a ) Forfeiture or other authorized sanction. ( b ) The refusal by foreign countries to accept or refer public correspondence communications to or from the vessel or vessels owned, operated or licensed by the person or entity failing to make payment. This action may be taken at the request of the Commission or independently by the foreign country or coast station involved. ( c ) Further action to recover amounts owed utilizing any or all legally available debt collection procedures. § 3.76 Licensee's liability for payment. The U.S. ship station licensee bears ultimate responsibility for final payment of its accounts. This responsibility cannot be superseded by the contractual agreement between the ship station licensee and the accounting authority. In the event that an accounting authority does not remit proper and timely payments on behalf of the ship station licensee: ( a ) The ship station licensee will make arrangements for another accounting authority to perform future settlements, and ( b ) The ship station licensee will settle any outstanding accounts due to foreign entities. ( c ) The Commission will, upon request, take all possible steps, within the limits of applicable national law, to ensure settlement of the accounts of the ship station licensee. As circumstances warrant, this may include issuing warnings to ship station licensees when it becomes apparent that an accounting authority is failing to settle accounts. See also §§ 3.70 through 3.74 .
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PART 76—MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE Authority: 47 U.S.C. 151 , 152 , 153 , 154 , 301 , 302 , 302a , 303 , 303a , 307 , 308 , 309 , 312 , 315 , 317 , 325 , 335 , 338 , 339 , 340 , 341 , 503 , 521 , 522 , 531 , 532 , 534 , 535 , 536 , 537 , 543 , 544 , 544a , 545 , 548 , 549 , 552 , 554 , 556 , 558 , 560 , 561 , 562 , 571 , 572 , 573 . Source: 37 FR 3278 , Feb. 12, 1972, unless otherwise noted. Subpart A—General § 76.1 Purpose. The rules and regulations set forth in this part provide for the certification of cable television systems and for their operation in conformity with standards for carriage of television broadcast signals, program exclusivity, cablecasting, access channels, and related matters. The rules and regulations in this part also describe broadcast carriage requirements for cable operators and satellite carriers. [ 37 FR 3278 , Feb. 12, 1972, as amended at 70 FR 21670 , Apr. 27, 2005] § 76.3 Other pertinent rules. Other pertinent provisions of the Commission's rules and regulations relating to Multichannel Video and the Cable Television Service are included in the following parts of this chapter: Part 1—Practice and Procedure. Part 11—Emergency Alert System (EAS). Part 21—Domestic Public Radio Services (Other Than Maritime Mobile). Part 63—Extension of Lines and Discontinuance of Service by Carriers. Part 64—Miscellaneous Rules Relating to Common Carriers. Part 78—Cable Television Relay Service. Part 79—Closed Captioning of Video Programming. Part 91—Industrial Radio Services. [ 65 FR 53614 , Sept. 5, 2000] § 76.5 Definitions. ( a ) Cable system or cable television system. A facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include: ( 1 ) A facility that services only to retransmit the television signals of one or more television broadcast stations; ( 2 ) A facility that serves subscribers without using any public right-of-way; ( 3 ) A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, as amended, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; ( 4 ) An open video system that complies with Section 653 of the Communications Act; or ( 5 ) Any facilities of any electric utility used solely for operating its electric utility systems. Note to paragraph ( a ): The provisions of subparts D and F of this part shall also apply to all facilities defined previously as cable systems on or before April 28, 1985, except those that serve subscribers without using any public right-of-way. ( b ) Television station; television broadcast station. Any television broadcast station operating on a channel regularly assigned to its community by § 73.606 or § 73.622 of this chapter , and any television broadcast station licensed by a foreign government: Provided, however, That a television broadcast station licensed by a foreign government shall not be entitled to assert a claim to carriage, program exclusivity, or retransmission consent authorization pursuant to subpart D or F of this part , but may otherwise be carried if consistent with the rules on any service tier. Further provided that a television broadcast station operating on channels regularly assigned to its community by both §§ 73.606 and 73.622 of this chapter may assert a claim for carriage pursuant to subpart D of this part only for a channel assigned pursuant to § 73.606 . ( c ) Television translator station. A television broadcast translator station as defined in § 74.701 of this chapter . ( d ) Grade A and Grade B contours. The field intensity contours defined in § 73.683(a) of this chapter . ( e ) Specified zone of a television broadcast station. The area extending 56.3 air km (35 air miles) from the reference point in the community to which that station is licensed or authorized by the Commission. A list of reference points is contained in § 76.53 . A television broadcast station that is authorized but not operating has a specified zone that terminates eighteen (18) months after the initial grant of its construction permit. ( f ) Major television market. The specified zone of a commercial television station licensed to a community listed in § 76.51 , or a combination of such specified zones where more than one community is listed. ( g ) Designated community in a major television market. A community listed in § 76.51 . ( h ) Smaller television market. The specified zone of a commercial television station licensed to a community that is not listed in § 76.51 . ( i ) Significantly viewed. Viewed in over-the-air households as follows: ( 1 ) For a full or partial network station—a share of viewing hours of at least 3 percent (total week hours), and a net weekly circulation of at least 25 percent; and ( 2 ) for an independent station—a share of viewing hours of at least 2 percent (total week hours), and a net weekly circulation of at least 5 percent. See § 76.54 . Note: As used in this paragraph, “share of viewing hours” means the total hours that over-the-air television households viewed the subject station during the week, expressed as a percentage of the total hours these households viewed all stations during the period, and “net weekly circulation” means the number of over-the-air television households that viewed the station for 5 minutes or more during the entire week, expressed as a percentage of the total over-the-air television households in the survey area. ( j ) Full network station. A commercial television broadcast station that generally carries in weekly prime time hours 85 percent of the hours of programing offered by one of the three major national television networks with which it has a primary affiliation ( i.e. , right of first refusal or first call). ( k ) Partial network station. A commercial television broadcast station that generally carries in prime time more than 10 hours of programming per week offered by the three major national television networks, but less than the amount specified in paragraph (j) of this section. ( l ) Independent station. A commercial television broadcast station that generally carries in prime time not more than 10 hours of programing per week offered by the three major national television networks. ( m ) A network program is any program delivered simultaneously to more than one broadcast station regional or national, commercial or noncommercial. ( n ) Prime time. The 5-hour period from 6 to 11 p.m., local time, except that in the central time zone the relevant period shall be between the hours of 5 and 10 p.m., and in the mountain time zone each station shall elect whether the period shall be 6 to 11 p.m. or 5 to 10 p.m. Note: Unless the Commission is notified to the contrary, a station in the mountain time zone shall be presumed to have elected the 6 to 11 p.m. period. ( o ) Cablecasting. Programming (exclusive of broadcast signals) carried on a cable television system. See paragraphs (y), (z) and (aa) (Classes II, III, and IV cable television channels) of this section. ( p ) Origination cablecasting. Programing (exclusive of broadcast signals) carried on a cable television system over one or more channels and subject to the exclusive control of the cable operator. ( q ) Legally qualified candidate. ( 1 ) Any person who: ( i ) Has publicly announced his or her intention to run for nomination or office; ( ii ) Is qualified under the applicable local, State or Federal law to hold the office for which he or she is a candidate; and ( iii ) Has met the qualifications set forth in either paragraphs (q)(2) , (3) or (4) of this section. ( 2 ) A person seeking election to any public office including that of President or Vice President of the United States, or nomination for any public office except that of President or Vice President, by means of a primary, general or special election, shall be considered a legally qualified candidate if, in addition to meeting the criteria set forth in paragraph (q)(1) of this section, that person: ( i ) Has qualified for a place on the ballot, or ( ii ) Has publicly committed himself or herself to seeking election by the write-in method and is eligible under applicable law to be voted for by sticker, by writing in his or her name on the ballot or by other method, and makes a substantial showing that he or she is a bona fide candidate for nomination or office. Persons seeking election to the office of President or Vice President of the United States shall, for the purposes of the Communications Act and the rules thereunder, be considered legally qualified candidates only in those States or territories (or the District of Columbia) in which they have met the requirements set forth in paragraphs (q) (1) and (2) of this rule; except that any such person who has met the requirements set forth in paragraphs (q) (1) and (2) in at least 10 States (or nine and the District of Columbia) shall be considered a legally qualified candidate for election in all States, territories and the District of Columbia for purposes of this Act. ( 3 ) A person seeking nomination to any public office except that of President or Vice President of the United States, by means of a convention, caucus or similar procedure, shall be considered a legally qualified candidate if, in addition to meeting the requirements set forth in paragraph (q)(1) of this section, that person makes a substantial showing that he or she is a bona fide candidate for such nomination; except that no person shall be considered a legally qualified candidate for nomination by the means set forth in this paragraph prior to 90 days before the beginning of the convention, caucus or similar procedure in which he or she seeks nomination. ( 4 ) A person seeking nomination for the office of President or Vice President of the United States shall, for the purposes of the Communications Act and the rules thereunder, be considered a legally qualified candidate only in those States or territories (or the District of Columbia) in which, in addition meeting the requirements set forth in paragraph (q)(1) of this section. ( i ) He or she, or proposed delegates on his or her behalf, have qualified for the primary of Presidential preference ballot in that State, territory or the District of Columbia, or ( ii ) He or she has made a substantial showing of bona fide candidacy for such nomination in that State, territory of the District of Columbia; except that such person meeting the requirements set forth in paragraph (q) (1) and (4) in at least 10 States (or nine and the District of Columbia) shall be considered a legally qualified candidate for nomination in all States, territories and the District of Columbia for purposes of the Act. ( 5 ) The term “substantial showing” of a bona fide candidacy as used in paragraphs (q)(2) through (4) of this section means evidence that the person claiming to be a candidate has: ( i ) Satisfied the requirements under applicable law to run as a write-in (such as registering, collecting signatures, paying fees, etc.); and ( ii ) Has engaged to a substantial degree in activities commonly associated with political campaigning. Such activities normally would include making campaign speeches, distributing campaign literature, issuing press releases, maintaining a campaign committee, establishing campaign headquarters (even though the headquarters in some instances might be the residence of the candidate or his or her campaign manager), creating a campaign website, and using social media for the purpose of promoting or furthering a campaign for public office. Not all of the listed activities are necessarily required in each case to demonstrate a substantial showing, and there may be activities not listed herein which would contribute to such a showing. The creation of a campaign website and the use of social media shall be additional indicators of a bona fide candidacy, not determinative factors, and such digital activities must be combined with other activities commonly associated with political campaigning that are conducted in substantial portions of the relevant geographic area. ( r ) Class I cable television channel. A signaling path provided by a cable television system to relay to subscriber terminals television broadcast programs that are received off-the-air or are obtained by microwave or by direct connection to a television broadcast station. ( s ) Class II cable television channel. A signaling path provided by a cable television system to deliver to subscriber terminals television signals that are intended for reception by a television broadcast receiver without the use of an auxilliary decoding device and which signals are not involved in a broadcast transmission path. ( t ) Class III cable television channel. A signaling path provided by a cable television system to deliver to subscriber terminals signals that are intended for reception by equipment other than a television broadcast receiver or by a television broadcast receiver only when used with auxiliary decoding equipment. ( u ) Class IV cable television channel. A signaling path provided by a cable television system to transmit signals of any type from a subscriber terminal to another point in the cable television system. ( v ) Subscriber terminal. The cable television system terminal to which a subscriber's equipment is connected. Separate terminals may be provided for delivery of signals of various classes. Terminal devices interconnected to subscriber terminals of a cable system must comply with the provisions of part 15 of this Chapter for TV interface devices. ( w ) System noise. That combination of undesired and fluctuating disturbances within a cable television channel that degrades the transmission of the desired signal and that is due to modulation processes or thermal or other noise-producing effects, but does not include hum and other undesired signals of discrete frequency. System noise is specified in terms of its rms voltage or its mean power level as measured in the 4 MHz bandwidth between 1.25 and 5.25 MHz above the lower channel boundary of a cable television channel. ( x ) Terminal isolation. The attenuation, at any subscriber terminal, between that terminal and any other subscriber terminal in the cable television system. ( y ) Visual signal level. The rms voltage produced by the visual signal during the transmission of synchronizing pulses. ( z ) Affiliate. When used in relation to any person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. ( aa ) Person. An individual, partnership, association, joint stock company, trust, corporation, or governmental entity. ( bb ) Significant interest. A cognizable interest for attributing interests in broadcast, cable, and newspaper properties pursuant to §§ 73.3555 , 73.3615 , and 76.501 . ( cc ) Cable system operator. Any person or group of persons ( 1 ) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or ( 2 ) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. ( dd ) System community unit: Community unit. A cable television system, or portion of a cable television system, that operates or will operate within a separate and distinct community or municipal entity (including unincorporated communities within unincorporated areas and including single, discrete unincorporated areas). ( ee ) Subscribers. ( 1 ) As used in the context of cable service, subscriber or cable subscriber means a member of the general public who receives broadcast programming distributed by a cable television system and does not further distribute it. ( 2 ) As used in the context of satellite service, subscriber or satellite subscriber means a person who receives a secondary transmission service from a satellite carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor. ( ff ) Cable service. The one-way transmission to subscribers of video programming, or other programming service; and, subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. For the purposes of this definition, “video programming” is programming provided by, or generally considered comparable to programming provided by, a television broadcast station; and, “other programming service” is information that a cable operator makes available to all subscribers generally. ( gg ) Satellite community. ( 1 ) For purposes of the significantly viewed rules (see § 76.54 ), a separate and distinct community or municipal entity (including unincorporated communities within unincorporated areas and including single, discrete unincorporated areas). The boundaries of any such unincorporated community may be defined by one or more adjacent five-digit zip code areas. Satellite communities apply only in areas in which there is no pre-existing cable community, as defined in paragraph (dd) of this section. ( 2 ) For purposes of the market modification rules (see § 76.59 ), a county. ( hh ) Input selector switch. Any device that enables a viewer to select between cable service and off-the-air television signals. Such a device may be more sophisticated than a mere two-sided switch, may utilize other cable interface equipment, and may be built into consumer television receivers. ( ii ) A syndicated program is any program sold, licensed, distributed or offered to television station licensees in more than one market within the United States other than as network programming as defined in § 76.5(m) . ( jj ) Rural area. A community unit with a density of less than 19 households per route kilometer or thirty households per route mile of coaxial and/or fiber optic cable trunk and feeder line. ( kk ) Technically integrated. Having 75% or more of the video channels received from a common headend. ( ll ) Cable home wiring. The internal wiring contained within the premises of a subscriber which begins at the demarcation point. Cable home wiring includes passive splitters on the subscriber's side of the demarcation point, but does not include any active elements such as amplifiers, converter or decoder boxes, or remote control units. ( mm ) Demarcation point. ( 1 ) For new and existing single unit installations, the demarcation point shall be a point at (or about) twelve inches outside of where the cable wire enters the subscriber's premises. ( 2 ) For new and existing multiple dwelling unit installations with non-loop-through wiring configurations, the demarcation point shall be a point at (or about) twelve inches outside of where the cable wire enters the subscriber's dwelling unit, or, where the wire is physically inaccessible at such point, the closest practicable point thereto that does not require access to the individual subscriber's dwelling unit. ( 3 ) For new and existing multiple dwelling unit installations with loop-through wiring configurations, the demarcation points shall be at (or about) twelve inches outside of where the cable wire enters or exits the first and last individual dwelling units on the loop, or, where the wire is physically inaccessible at such point(s), the closest practicable point thereto that does not require access to an individual subscriber's dwelling unit. ( 4 ) As used in this paragraph (mm)(3) , the term “physically inaccessible” describes a location that: ( i ) Would require significant modification of, or significant damage to, preexisting structural elements, and ( ii ) Would add significantly to the physical difficulty and/or cost of accessing the subscriber's home wiring. Note to § 76.5 paragraph ( mm )(4): For example, wiring embedded in brick, metal conduit, cinder blocks, or sheet rock with limited or without access openings would likely be physically inaccessible; wiring enclosed within hallway molding would not. ( nn ) Activated channels. Those channels engineered at the headend of a cable system for the provision of services generally available to residential subscribers of the cable system, regardless of whether such services actually are provided, including any channel designated for public, educational or governmental use. ( oo ) Usable activated channels. Those activated channels of a cable system, except those channels whose use for the distribution of broadcast signals would conflict with technical and safety regulations. See part 76, subpart K. ( pp ) Principal headend. ( 1 ) The headend, in the case of a cable system with a single headend or, ( 2 ) In the case of a cable system with more than one headend, the principal headend designated by the cable operator, except that such designation shall not undermine or evade the requirements of subpart D of this part . Each cable system must provide information regarding the designation and location of the principal headend to the Commission promptly upon request. Except for good cause, an operator may not change its choice of principal headend. Cable systems may elect voluntarily to provide the location of the principal headend in the Commission's online public inspection file database and may choose whether to make this information accessible only by the Commission or to also make it publicly available. Systems that elect not to provide this information in the online file, or to protect this information in the online file from public view, must make it available to broadcast television stations and local franchisors upon request. If a request is submitted by a television station or franchisor in writing by certified mail, cable systems must respond in writing by certified mail within 15 calendar days. Cable systems may in addition elect to respond to requests from these entities submitted by telephone or email, but must respond in writing by certified mail if requested to do so by the station or franchisor. ( qq ) Emergency Alert System (EAS). The EAS is composed of broadcast networks; cable networks and program suppliers; AM, FM and TV broadcast stations; Low Power TV (LPTV) stations; cable systems and wireless cable systems; and other entities and industries operating on an organized basis during emergencies at the National, State, or local levels. ( rr ) Channel Slates. A written notice that appears on screen in place of a dropped video feed. [ 37 FR 3278 , Feb. 12, 1972] Editorial Note Editorial Note: For Federal Register citations affecting § 76.5 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 76.6 General pleading requirements. ( a ) General pleading requirements. All written submissions, both substantive and procedural, must conform to the following standards: ( 1 ) A pleading must be clear, concise, and explicit. All matters concerning a claim, defense or requested remedy, should be pleaded fully and with specificity. ( 2 ) Pleadings must contain facts which, if true, are sufficient to warrant a grant of the relief requested. ( 3 ) Facts must be supported by relevant documentation or affidavit. ( 4 ) The original of all pleadings and submissions by any party shall be signed by that party, or by the party's attorney. Complaints must be signed by the complainant. The signing party shall state his or her address and telephone number and the date on which the document was signed. Copies should be conformed to the original. Each submission must contain a written verification that the signatory has read the submission and to the best of his or her knowledge, information and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law; and that it is not interposed for any improper purpose. If any pleading or other submission is signed in violation of this provision, the Commission shall upon motion or upon its own initiative impose appropriate sanctions. ( 5 ) Legal arguments must be supported by appropriate judicial, Commission, or statutory authority. Opposing authorities must be distinguished. Copies must be provided of all non-Commission authorities relied upon which are not routinely available in national reporting systems, such as unpublished decisions or slip opinions of courts or administrative agencies. ( 6 ) Parties are responsible for the continuing accuracy and completeness of all information and supporting authority furnished in a pending complaint proceeding. Information submitted, as well as relevant legal authorities, must be current and updated as necessary and in a timely manner at any time before a decision is rendered on the merits of the complaint. ( b ) Copies to be Filed. Unless otherwise directed by specific regulation or the Commission, an original and two (2) copies of all pleadings shall be filed in accordance with § 0.401(a) of this chapter , except that petitions requiring fees as set forth at part 1, subpart G of this chapter must be filed in accordance with § 0.401(b) of this chapter . ( c ) Frivolous pleadings. It shall be unlawful for any party to file a frivolous pleading with the Commission. Any violation of this paragraph shall constitute an abuse of process subject to appropriate sanctions. [ 64 FR 6569 , Feb. 10, 1999] § 76.7 General special relief, waiver, enforcement, complaint, show cause, forfeiture, and declaratory ruling procedures. ( a ) Initiating pleadings. In addition to the general pleading requirements, initiating pleadings must adhere to the following requirements: ( 1 ) Petitions. On petition by any interested party, cable television system operator, a multichannel video programming distributor, local franchising authority, or an applicant, permittee, or licensee of a television broadcast or translator station, the Commission may waive any provision of this part 76, impose additional or different requirements, issue a ruling on a complaint or disputed question, issue a show cause order, revoke the certification of the local franchising authority, or initiate a forfeiture proceeding. Petitions may be submitted informally by letter. ( 2 ) Complaints. Complaints shall conform to the relevant rule section under which the complaint is being filed. ( 3 ) Certificate of service. Petitions and Complaints shall be accompanied by a certificate of service on any cable television system operator, multichannel video programming distributor, franchising authority, station licensee, permittee, or applicant, or other interested person who is likely to be directly affected if the relief requested is granted. ( 4 ) Statement of relief requested. ( i ) The petition or complaint shall state the relief requested. It shall state fully and precisely all pertinent facts and considerations relied on to demonstrate the need for the relief requested and to support a determination that a grant of such relief would serve the public interest. ( ii ) The petition or complaint shall set forth all steps taken by the parties to resolve the problem, except where the only relief sought is a clarification or interpretation of the rules. ( iii ) A petition or complaint may, on request of the filing party, be dismissed without prejudice as a matter of right prior to the adoption date of any final action taken by the Commission with respect to the petition or complaint. A request for the return of an initiating document will be regarded as a request for dismissal. ( 5 ) Failure to prosecute. Failure to prosecute petition or complaint, or failure to respond to official correspondence or request for additional information, will be cause for dismissal. Such dismissal will be without prejudice if it occurs prior to the adoption date of any final action taken by the Commission with respect to the initiating pleading. ( b ) Responsive pleadings. In addition to the general pleading requirements, responsive pleadings must adhere to the following requirements: ( 1 ) Comments/oppositions to petitions. Unless otherwise directed by the Commission, interested persons may submit comments or oppositions within twenty (20) days after the date of public notice of the filing of such petition. Comments or oppositions shall be served on the petitioner and on all persons listed in petitioner's certificate of service, and shall contain a detailed full showing, supported by affidavit, of any facts or considerations relied on. ( 2 ) Answers to complaints. ( i ) Unless otherwise directed by the Commission, any party who is served with a complaint shall file an answer in accordance with the following, and the relevant rule section under which the complaint is being filed. ( ii ) The answer shall be filed within 20 days of service of the complaint, unless another period is set forth in the relevant rule section. ( iii ) The answer shall advise the parties and the Commission fully and completely of the nature of any and all defenses, and shall respond specifically to all material allegations of the complaint. Collateral or immaterial issues shall be avoided in answers and every effort should be made to narrow the issues. Any party against whom a complaint is filed failing to file and serve an answer within the time and in the manner prescribed by these rules may be deemed in default and an order may be entered against defendant in accordance with the allegations contained in the complaint. ( iv ) The answer shall admit or deny the averments on which the adverse party relies. If the defendant is without knowledge or information sufficient to form a belief as to the truth of an averment, the defendant shall so state and this has the effect of a denial. When a defendant intends in good faith to deny only part of an averment, the answer shall specify so much of it as is true and shall deny only the remainder. The defendant may make its denials as specific denials of designated averments or paragraphs, or may generally deny all the averments except such designated averments or paragraphs as the defendant expressly admits. When the defendant intends to controvert all averments, the defendant may do so by general denial. ( v ) Averments in a complaint are deemed to be admitted when not denied in the answer. ( c ) Reply. In addition to the general pleading requirements, reply comments and replies must adhere to the following requirements: ( 1 ) The petitioner or complainant may file a reply to a responsive pleading which shall be served on all persons who have filed pleadings and shall also contain a detailed full showing, supported by affidavit, of any additional facts or considerations relied on. Unless expressly permitted by the Commission, reply comments and replies to an answer shall not contain new matters. ( 2 ) Failure to reply will not be deemed an admission of any allegations contained in the responsive pleading, except with respect to any affirmative defense set forth therein. ( 3 ) Unless otherwise directed by the Commission or the relevant rule section, comments and replies to answers must be filed within ten (10) days after submission of the responsive pleading. ( d ) Motions. Except as provided in this section, or upon a showing of extraordinary circumstances, additional motions or pleadings by any party will not be accepted. ( e ) Additional procedures and written submissions. ( 1 ) The Commission may specify other procedures, such as oral argument or evidentiary hearing directed to particular aspects, as it deems appropriate. In the event that an evidentiary hearing is required, the Commission will determine, on the basis of the pleadings and such other procedures as it may specify, whether temporary relief should be afforded any party pending the hearing and the nature of any such temporary relief. ( 2 ) The Commission may require the parties to submit any additional information it deems appropriate for a full, fair, and expeditious resolution of the proceeding, including copies of all contracts and documents reflecting arrangements and understandings alleged to violate the requirements set forth in the Communications Act and in this part, as well as affidavits and exhibits. ( 3 ) The Commission may, in its discretion, require the parties to file briefs summarizing the facts and issues presented in the pleadings and other record evidence. ( i ) These briefs shall contain the findings of fact and conclusions of law which that party is urging the Commission to adopt, with specific citations to the record, and supported by relevant authority and analysis. ( ii ) Any briefs submitted shall be filed concurrently by both the complainant and defendant at such time as is designated by the staff. Such briefs shall not exceed fifty (50) pages. ( iii ) Reply briefs may be submitted by either party within twenty (20) days from the date initial briefs are due. Reply briefs shall not exceed thirty (30) pages. ( f ) Discovery. ( 1 ) The Commission staff may in its discretion order discovery limited to the issues specified by the Commission. Such discovery may include answers to written interrogatories, depositions or document production. ( 2 ) The Commission staff may in its discretion direct the parties to submit discovery proposals, together with a memorandum in support of the discovery requested. Such discovery requests may include answers to written interrogatories, document production or depositions. The Commission staff may hold a status conference with the parties, pursuant to § 76.8 of this part , to determine the scope of discovery, or direct the parties regarding the scope of discovery. If the Commission staff determines that extensive discovery is required or that depositions are warranted, the staff may advise the parties that the proceeding will be referred to an administrative law judge in accordance with paragraph (g) of this section. ( g ) Referral to administrative law judge. ( 1 ) After reviewing the pleadings, and at any stage of the proceeding thereafter, the Commission staff may, in its discretion, designate any proceeding or discrete issues arising out of any proceeding for an adjudicatory hearing before an administrative law judge. ( 2 ) Before designation for hearing, the staff shall notify, either orally or in writing, the parties to the proceeding of its intent to so designate, and the parties shall be given a period of ten (10) days to elect to resolve the dispute through alternative dispute resolution procedures, or to proceed with an adjudicatory hearing. Such election shall be submitted in writing to the Commission. ( 3 ) Unless otherwise directed by the Commission, or upon motion by the Media Bureau Chief, the Media Bureau Chief shall not be deemed to be a party to a proceeding designated for a hearing before an administrative law judge pursuant to this paragraph (g) . ( h ) System community units outside the Contiguous States. On a finding that the public interest so requires, the Commission may determine that a system community unit operating or proposing to operate in a community located outside of the 48 contiguous states shall comply with provisions of subparts D , F , and G of this part in addition to the provisions thereof otherwise applicable. ( i ) Commission ruling. The Commission, after consideration of the pleadings, may determine whether the public interest would be served by the grant, in whole or in part, or denial of the request, or may issue a ruling on the complaint or dispute, issue an order to show cause, or initiate a forfeiture proceeding. Note 1 to § 76.7 : After issuance of an order to show cause pursuant to this section, the rules of procedure in Title 47, part 1, subpart A, §§ 1.91-1.95 of this chapter shall apply. Note 2 to § 76.7 : Nothing in this section is intended to prevent the Commission from initiating show cause or forfeiture proceedings on its own motion; Provided, however, that show cause proceedings and forfeiture proceedings pursuant to § 1.80(g) of this chapter will not be initiated by such motion until the affected parties are given an opportunity to respond to the Commission's charges. Note 3 to § 76.7 : Forfeiture proceedings are generally nonhearing matters conducted pursuant to the provisions of § 1.80(f) of this chapter (Notice of Apparent Liability). Petitioners who contend that the alternative hearing procedures of § 1.80(g) of this chapter should be followed in a particular case must support this contention with a specific showing of the facts and considerations relied on. Note 4 to § 76.7 : To the extent a conflict is perceived between the general pleading requirements of this section, and the procedural requirements of a specific section, the procedural requirements of the specific section should be followed. [ 64 FR 6569 , Feb. 10, 1999, as amended at 67 FR 13234 , Mar. 21, 2002; 76 FR 60673 , Sept. 29, 2011; 80 FR 59663 , Oct. 2, 2015; 85 FR 63184 , Oct. 6, 2020] § 76.8 Status conference. ( a ) In any proceeding subject to the part 76 rules, the Commission staff may in its discretion direct the attorneys and/or the parties to appear for a conference to consider: ( 1 ) Simplification or narrowing of the issues; ( 2 ) The necessity for or desirability of amendments to the pleadings, additional pleadings, or other evidentiary submissions; ( 3 ) Obtaining admissions of fact or stipulations between the parties as to any or all of the matters in controversy; ( 4 ) Settlement of the matters in controversy by agreement of the parties; ( 5 ) The necessity for and extent of discovery, including objections to interrogatories or requests for written documents; ( 6 ) The need and schedule for filing briefs, and the date for any further conferences; and ( 7 ) Such other matters that may aid in the disposition of the proceeding. ( b ) Any party may request that a conference be held at any time after an initiating document has been filed. ( c ) Conferences will be scheduled by the Commission at such time and place as it may designate, to be conducted in person or by telephone conference call. ( d ) The failure of any attorney or party, following advance notice with an opportunity to be present, to appear at a scheduled conference will be deemed a waiver and will not preclude the Commission from conferring with those parties or counsel present. ( e ) During a status conference, the Commission staff may issue oral rulings pertaining to a variety of matters relevant to the conduct of the proceeding including, inter alia, procedural matters, discovery, and the submission of briefs or other evidentiary materials. These rulings will be promptly memorialized in writing and served on the parties. When such rulings require a party to take affirmative action not subject to deadlines established by another provision of this subpart, such action will be required within ten (10) days from the date of the written memorialization unless otherwise directed by the staff. [ 64 FR 6571 , Feb. 10, 1999] § 76.9 Confidentiality of proprietary information. ( a ) Any materials filed in the course of a proceeding under this provision may be designated as proprietary by that party if the party believes in good faith that the materials fall within an exemption to disclosure contained in the Freedom of Information Act (FOIA), 5 U.S.C. 552(b) . Any party asserting confidentiality for such materials shall so indicate by clearly marking each page, or portion thereof, for which a proprietary designation is claimed. If a proprietary designation is challenged, the party claiming confidentiality will have the burden of demonstrating, by a preponderance of the evidence, that the material designated as proprietary falls under the standards for nondisclosure enunciated in FOIA. ( b ) Submissions containing information claimed to be proprietary under this section shall be submitted to the Commission in confidence pursuant to the requirements of § 0.459 of this chapter and clearly marked “Not for Public Inspection.” An edited version removing all proprietary data shall be filed with the Commission for inclusion in the public file within five (5) days from the date the unedited reply is submitted, and shall be served on the opposing parties. ( c ) Except as provided in paragraph (d) of this section, materials marked as proprietary may be disclosed solely to the following persons, only for use in the proceeding, and only to the extent necessary to assist in the prosecution or defense of the case: ( i ) Counsel of record representing the parties in the proceeding and any support personnel employed by such attorneys; ( ii ) Officers or employees of the parties in the proceeding who are named by another party as being directly involved in the proceeding; ( iii ) Consultants or expert witnesses retained by the parties; ( iv ) The Commission and its staff; and ( v ) Court reporters and stenographers in accordance with the terms and conditions of this section. ( d ) The Commission will entertain, subject to a proper showing, a party's request to further restrict access to proprietary information as specified by the party. The other parties will have an opportunity to respond to such requests. ( e ) The persons designated in paragraphs (c) and (d) of this section shall not disclose information designated as proprietary to any person who is not authorized under this section to receive such information, and shall not use the information in any activity or function other than the prosecution or defense of the case before the Commission. Each individual who is provided access to the information by the opposing party shall sign a notarized statement affirmatively stating, or shall certify under penalty of perjury, that the individual has personally reviewed the Commission's rules and understands the limitations they impose on the signing party. ( f ) No copies of materials marked proprietary may be made except copies to be used by persons designated in paragraphs (c) and (d) of this section. Each party shall maintain a log recording the number of copies made of all proprietary material and the persons to whom the copies have been provided. ( g ) Upon termination of the complaint proceeding, including all appeals and petitions, all originals and reproductions of any proprietary materials, along with the log recording persons who received copies of such materials, shall be provided to the producing party. In addition, upon final termination of the proceeding, any notes or other work product derived in whole or in part from the proprietary materials of an opposing or third party shall be destroyed. [ 64 FR 6571 , Feb. 10, 1999] § 76.10 Review. ( a ) Interlocutory review. ( 1 ) Except as provided below, no party may seek review of interlocutory rulings until a decision on the merits has been issued by the staff or administrative law judge. ( 2 ) Rulings listed in this paragraph are reviewable as a matter of right. An application for review of such ruling may not be deferred and raised as an exception to a decision on the merits. ( i ) If the staff's ruling denies or terminates the right of any person to participate as a party to the proceeding, such person, as a matter of right, may file an application for review of that ruling. ( ii ) If the staff's ruling requires production of documents or other written evidence, over objection based on a claim of privilege, the ruling on the claim of privilege is reviewable as a matter of right. ( iii ) If the staff's ruling denies a motion to disqualify a staff person from participating in the proceeding, the ruling is reviewable as a matter of right. ( b ) Petitions for reconsideration. Petitions for reconsideration of interlocutory actions by the Commission's staff or by an administrative law judge will not be entertained. Petitions for reconsideration of a decision on the merits made by the Commission's staff should be filed in accordance with §§ 1.104 through 1.106 of this chapter . ( c ) Application for review. ( 1 ) Any party to a part 76 proceeding aggrieved by any decision on the merits issued by the staff pursuant to delegated authority may file an application for review by the Commission in accordance with § 1.115 of this chapter . ( 2 ) Any party to a proceeding under this part aggrieved by any decision on the merits by an administrative law judge may file an appeal of the decision directly with the Commission, in accordance with §§ 1.276(a) and 1.277(a) through (c) of this chapter . [ 64 FR 6571 , Feb. 10, 1999, as amended at 85 FR 81812 , Dec. 17, 2020] § 76.11 Lockbox enforcement. Any party aggrieved by the failure or refusal of a cable operator to provided a lockbox as provided for in Title VI of the Communications Act may petition the Commission for relief in accordance with the provisions and procedures set forth in § 76.7 for petitions for special relief. [ 50 FR 18661 , May 2, 1985] Subpart B—Registration Statements § 76.29 Special temporary authority. ( a ) In circumstances requiring the temporary use of community units for operations not authorized by the Commission's rules, a cable television system may request special temporary authority to operate. The Commission may grant special temporary authority, upon a finding that the public interest would be served thereby, for a period not to exceed ninety (90) days, and may extend such authority, upon a like finding, for one additional period, not to exceed ninety (90) days. ( b ) Requests for special temporary authority may be submitted informally, by letter, and shall contain the following: ( 1 ) Name and address of the applicant cable system. ( 2 ) Community in which the community unit is located. ( 3 ) Type of operation to be conducted. ( 4 ) Date of commencement of proposed operations. ( 5 ) Duration of time for which temporary authority is required. ( 6 ) All pertinent facts and considerations relied on to demonstrate the need for special temporary authority and to support a determination that a grant of such authority would serve the public interest. ( 7 ) A certificate of service on all interested parties. ( c ) A request for special temporary authority shall be filed at least ten (10) days prior to the date of commencement of the proposed operations, or shall be accompanied by a statement of reasons for the delay in submitting such request. ( d ) A grant of special temporary authority may be rescinded by the Commission at any time upon a finding of facts which warrant such action. [ 39 FR 35166 , Sept. 30, 1974; 42 FR 19346 , Apr. 13, 1977, as amended at 43 FR 49008 , Oct. 20, 1978] Subpart C—Cable Franchising § 76.41 Franchise application process. ( a ) Definition. Competitive franchise applicant. For the purpose of this section, an applicant for a cable franchise in an area currently served by another cable operator or cable operators in accordance with 47 U.S.C. 541(a)(1) . ( b ) A competitive franchise applicant must include the following information in writing in its franchise application, in addition to any information required by applicable State and local laws: ( 1 ) The applicant's name; ( 2 ) The names of the applicant's officers and directors; ( 3 ) The business address of the applicant; ( 4 ) The name and contact information of a designated contact for the applicant; ( 5 ) A description of the geographic area that the applicant proposes to serve; ( 6 ) The PEG channel capacity and capital support proposed by the applicant; ( 7 ) The term of the agreement proposed by the applicant; ( 8 ) Whether the applicant holds an existing authorization to access the public rights-of-way in the subject franchise service area as described under paragraph (b)(5) of this section; ( 9 ) The amount of the franchise fee the applicant offers to pay; and ( 10 ) Any additional information required by applicable State or local laws. ( c ) A franchising authority may not require a competitive franchise applicant to negotiate or engage in any regulatory or administrative processes prior to the filing of the application. ( d ) When a competitive franchise applicant files a franchise application with a franchising authority and the applicant has existing authority to access public rights-of-way in the geographic area that the applicant proposes to serve, the franchising authority must grant or deny the application within 90 days of the date the application is received by the franchising authority. If a competitive franchise applicant does not have existing authority to access public rights-of-way in the geographic area that the applicant proposes to serve, the franchising authority must grant or deny the application within 180 days of the date the application is received by the franchising authority. A franchising authority and a competitive franchise applicant may agree in writing to extend the 90-day or 180-day deadline, whichever is applicable. ( e ) If a franchising authority does not grant or deny an application within the time limit specified in paragraph (d) of this section, the competitive franchise applicant will be authorized to offer service pursuant to an interim franchise in accordance with the terms of the application submitted under paragraph (b) of this section. ( f ) If after expiration of the time limit specified in paragraph (d) of this section a franchising authority denies an application, the competitive franchise applicant must discontinue operating under the interim franchise specified in paragraph (e) of this section unless the franchising authority provides consent for the interim franchise to continue for a limited period of time, such as during the period when judicial review of the franchising authority's decision is pending. The competitive franchise applicant may seek judicial review of the denial under 47 U.S.C. 555 . ( g ) If after expiration of the time limit specified in paragraph (d) of this section a franchising authority and a competitive franchise applicant agree on the terms of a franchise, upon the effective date of that franchise, that franchise will govern and the interim franchise will expire. [ 72 FR 13215 , Mar. 21, 2007] § 76.42 In-kind contributions. ( a ) In-kind, cable-related contributions are “franchise fees” subject to the five percent cap set forth in 47 U.S.C. 542(b) . Such contributions, which count toward the five percent cap at their fair market value, include any non-monetary contributions related to the provision of cable service by a cable operator as a condition or requirement of a local franchise, including but not limited to: ( 1 ) Costs attributable to the provision of free or discounted cable service to public buildings, including buildings leased by or under control of the franchising authority; ( 2 ) Costs in support of public, educational, or governmental access facilities, with the exception of capital costs; and ( 3 ) Costs attributable to the construction of institutional networks. ( b ) In-kind, cable-related contributions do not include the costs of complying with build-out and customer service requirements. [ 84 FR 44750 , Aug. 27, 2019] § 76.43 Mixed-use rule. A franchising authority may not regulate the provision of any services other than cable services offered over the cable system of a cable operator, with the exception of channel capacity on institutional networks. [ 84 FR 44750 , Aug. 27, 2019] Subpart D—Carriage of Television Broadcast Signals § 76.51 Major television markets. For purposes of the cable television rules, the following is a list of the major television markets and their designated communities: ( a ) First 50 major television markets: ( 1 ) New York, New York-Linden-Paterson-Newark, New Jersey. ( 2 ) Los Angeles-San Bernardino-Corona-Riverside-Anaheim, Calif. ( 3 ) Chicago, Ill. ( 4 ) Philadelphia, Pa.-Burlington, N.J. ( 5 ) Detroit, Mich. ( 6 ) Boston-Cambridge-Worcester-Lawrence, Mass. ( 7 ) San Francisco-Oakland-San Jose, Calif. ( 8 ) Cleveland-Lorain-Akron, Ohio. ( 9 ) Washington, DC. ( 10 ) Pittsburgh, Pa. ( 11 ) St. Louis, Mo. ( 12 ) Dallas-Fort Worth, Tex. ( 13 ) Minneapolis-St. Paul, Minn. ( 14 ) Baltimore, Md. ( 15 ) Houston, Tex. ( 16 ) Indianapolis-Bloomington, Ind. ( 17 ) Cincinnati, Ohio-Newport, Ky. ( 18 ) Atlanta-Rome, Ga. ( 19 ) Hartford-New Haven-New Britain-Waterbury-New London, Ct. ( 20 ) Seattle-Tacoma, Wash. ( 21 ) Miami, Fla. ( 22 ) Kansas City, Mo. ( 23 ) Milwaukee, Wis. ( 24 ) Buffalo, N.Y. ( 25 ) Sacramento-Stockton-Modesto, Calif. ( 26 ) Memphis, Tenn. ( 27 ) Columbus-Chillicothe, Ohio. ( 28 ) Tampa-St. Petersburg-Clearwater, Florida. ( 29 ) Portland, Oreg. ( 30 ) Nashville, Tenn. ( 31 ) New Orleans, La. ( 32 ) Denver-Castle Rock, Colorado. ( 33 ) Providence, R.I.-New Bedford, Mass. ( 34 ) Albany-Schenectady-Troy, N.Y. ( 35 ) Syracuse, N.Y. ( 36 ) Charleston-Huntington, W. Va. ( 37 ) Kalamazoo-Grand Rapids-Battle Creek, Mich. ( 38 ) Louisville, Ky. ( 39 ) Oklahoma City, Okla. ( 40 ) Birmingham, Ala. ( 41 ) Dayton-Kettering, Ohio. ( 42 ) Charlotte, N.C. ( 43 ) Phoenix-Mesa, Ariz. ( 44 ) Norfolk-Newport News-Portsmouth-Hampton, Va. ( 45 ) San Antonio, Tex. ( 46 ) Greenville-Spartanburg-Anderson, S.C.-Asheville, N.C. ( 47 ) Greensboro-High Point-Winston Salem, N.C. ( 48 ) Salt Lake City, Utah. ( 49 ) Wilkes Barre-Scranton, Pa. ( 50 ) Little Rock-Pine Bluff, Arkansas. (b) Second 50 major television markets: ( 51 ) San Diego, Calif. ( 52 ) Toledo, Ohio. ( 53 ) Omaha, Nebr. ( 54 ) Tulsa, Okla. ( 55 ) Orlando-Daytona Beach-Melbourne-Cocoa-Clermont, Florida. ( 56 ) Rochester, N.Y. ( 57 ) Harrisburg-Lancaster-York, Pa. ( 58 ) Texarkana, Tex.-Shreveport, La. ( 59 ) Mobile, Ala.-Pensacola, Fla. ( 60 ) Davenport, Iowa-Rock Island-Moline, Ill. ( 61 ) Flint-Bay City-Saginaw, Mich. ( 62 ) Green Bay, Wis. ( 63 ) Richmond-Petersburg, Va. ( 64 ) Springfield-Decatur-Champaign, Illinois. ( 65 ) Cedar Rapids-Waterloo, Iowa. ( 66 ) Des Moines-Ames, Iowa. ( 67 ) Wichita-Hutchinson, Kans. ( 68 ) Jacksonville, Fla. ( 69 ) Cape Girardeau, Mo.-Paducah, Ky.-Harrisburg, Ill. ( 70 ) Roanoke-Lynchburg, Va. ( 71 ) Knoxville, Tenn. ( 72 ) Fresno-Visalia-Hanford-Clovis-Merced-Porterville, California. ( 73 ) Raleigh-Durham-Goldsboro-Fayetteville, North Carolina. ( 74 ) Johnstown-Altoona, Pa. ( 75 ) Portland-Poland Spring, Maine. ( 76 ) Spokane, Wash. ( 77 ) Jackson, Miss. ( 78 ) Chattanooga, Tenn. ( 79 ) Youngstown, Ohio. ( 80 ) South Bend-Elkhart, Ind. ( 81 ) Albuquerque, N. Mex. ( 82 ) Fort Wayne-Roanoke, Ind. ( 83 ) Peoria, Ill. ( 84 ) Greenville-Washington-New Bern, N.C. ( 85 ) Sioux Falls-Mitchell, S. Dak. ( 86 ) Evansville, Ind. ( 87 ) Baton Rouge, La. ( 88 ) Beaumont-Port Arthur, Tex. ( 89 ) Duluth, Minn.-Superior, Minn. ( 90 ) Wheeling, W. Va.-Steubenville, Ohio. ( 91 ) Lincoln-Hastings-Kearney, Nebr. ( 92 ) Lansing-Onondaga, Mich. ( 93 ) Madison, Wis. ( 94 ) Columbus, Ga. ( 95 ) Amarillo, Tex. ( 96 ) Huntsville-Decatur, Ala. ( 97 ) Rockford-Freeport, Ill. ( 98 ) Fargo-Valley City, N.D. ( 99 ) Monroe, La.-El Dorado, Ark. ( 100 ) Columbia, S.C. Note: Requests for changes to this list shall be made in the form of a petition for rulemaking pursuant to § 1.401 of this chapter , except that such petitions shall not be subject to the public notice provisions of § 1.403 of this chapter . [ 37 FR 3278 , Feb. 12, 1972] Editorial Note Editorial Note: For Federal Register citations affecting § 76.51 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 76.53 Reference points. The following list of reference points shall be used to identify the boundaries of the major and smaller television markets (defined in § 76.5 ). Where a community's reference point is not given, the geographic coordinates of the main post office in the community shall be used. State and community Latitude Longitude Alabama: Anniston 33°39′49″ 85°49′47″ Birmingham 33°31′01″ 86°48′36″ Decatur 34°36′35″ 86°58′45″ Demopolis 32°30′56″ 87°50′07″ Dothan 31°13′27″ 85°23′35″ Dozier 31°29′30″ 86°21′59″ Florence 34°48′05″ 87°40′31″ Huntsville 34°44′18″ 86°35′19″ Louisville 31°47′00″ 85°33′09″ Mobile 30°41′36″ 88°02′33″ Montgomery 32°22′33″ 86°18′31″ Mount Cheaha State Park 33°29′26″ 85°48′30″ Selma 24°24′26″ 87°01′15″ Tuscaloosa 33°12′05″ 87°33′44″ Alaska: Anchorage 61°13′09″ 149°53′29″ College 64°51′22″ 147°48′38″ Fairbanks 64°50′35″ 147°41′51″ Juneau 58°18′06″ 134°25′09″ Sitka 57°02′58″ 135°20′12″ Arizona: Flagstaff 35°11′54″ 111°39′02″ Mesa 33°24′54″ 111°49′41″ Nogales 31°20′14″ 110°56′12″ Phoenix 33°27′12″ 112°04′28″ Tucson 32°13′15″ 110°58′08″ Yuma 32°43′16″ 114°37′01″ Arkansas: El Dorado 33°12′39″ 92°39′40″ Fayetteville 36°03′41″ 94°09′38″ Fort Smith 35°23′10″ 94°25′36″ Jonesboro 35°50′14″ 90°42′11″ Little Rock 34°44′42″ 92°16′37″ California: Bakersfield 35°22′31″ 119°01′16″ Chico 39°44′07″ 121°49′57″ Concord 37°58′46″ 122°01′51″ Corona 33°52′35″ 117°33′56″ El Centro 32°47′25″ 115°32′45″ Eureka 40°48′08″ 124°09′46″ Fontana 34°05′45″ 117°26′29″ Fresno 36°44′12″ 119°47′11″ Guasti 34°03′48″ 117°35′10″ Hanford 36°19′51″ 119°38′48″ Los Angeles 34°03′15″ 118°14′28″ Modesto 37°38′26″ 120°59′44″ Monterey 36°35′44″ 121°53′39″ Oakland 37°48′03″ 122°15′54″ Palm Springs 33°49′22″ 116°32′46″ Redding 40°34′57″ 122°23′34″ Sacramento 38°34′57″ 121°29′41″ Salinas 36°40′24″ 121°39′25″ San Bernardino 34°06′30″ 117°17′28″ San Diego 32°42′53″ 117°09′21″ San Francisco 37°46′39″ 122°24′40″ San Jose 37°20′16″ 121°53′24″ San Luis Obispo 35°16′49″ 120°39′34″ San Mateo 37°34′08″ 122°19′16″ Santa Barbara 34°25′18″ 119°41′55″ Santa Maria 34°57′02″ 120°26′10″ Stockton 37°57′30″ 121°17′16″ Tulare 36°12′31″ 119°20′35″ Ventura 34°16′47″ 119°17′22″ Visalia 36°19′46″ 119°17′30″ Colorado: Colorado Springs 38°50′07″ 104°49′16″ Denver 39°44′58″ 104°59′22″ Durango 37°16′29″ 107°52′25″ Grand Junction 39°04′06″ 108°33′54″ Montrose 38°28′44″ 107°52′31″ Pueblo 38°16′17″ 104°36′33″ Sterling 40°37′29″ 103°12′25″ Connecticut: Bridgeport 41°10′49″ 73°11′22″ Hartford 41°46′12″ 72°40′49″ New Britain 41°40′02″ 72°47′08″ New Haven 41°18′25″ 72°55′30″ Norwich 41°31′36″ 72°04′31″ Waterbury 41°33′13″ 73°02′31″ Delaware: Wilmington 39°44′46″ 75°32′51″ District of Columbia: Washington 38°53′51″ 77°00′33″ Florida: Clearwater 27°57′56″ 82°47′51″ Daytona Beach 29°12′44″ 81°01′10″ Fort Lauderdale 26°07′11″ 80°08′34″ Fort Myers 26°38′42″ 81°52′06″ Fort Pierce 27°26′48″ 80°19′38″ Gainesville 29°38′56″ 82°19′19″ Jacksonville 30°19′44″ 81°39′42″ Largo 27°54′54″ 82°47′32″ Leesburg 28°48′43″ 81°52′30″ Melbourne 28°04′41″ 80°36′29″ Miami 25°46′37″ 80°11′32″ Ocala 29°11′34″ 82°08′14″ Orlando 28°32′42″ 81°22′38″ Panama City 30°09′24″ 85°39′47″ Pensacola 30°24′51″ 87°12′56″ St. Petersburg 27°46′18″ 82°38′16″ Sarasota 27°20′05″ 82°32′29″ Tallahassee 30°26′30″ 84°16′50″ Tampa 27°56′58″ 82°27′26″ West Palm Beach 26°42′36″ 80°03′05″ Georgia: Albany 31°34′36″ 84°09′22″ Athens 33°57′34″ 83°22′39″ Atlanta 33°45′10″ 84°23′37″ Augusta 33°28′20″ 81°58′00″ Chatsworth 34°46′08″ 84°46′10″ Cochran 32°23′18″ 83°21′18″ Columbus 32°28′07″ 84°59′24″ Dawson 31°46′33″ 84°26′20″ Macon 32°50′12″ 83°37′36″ Pelham 31°07′42″ 84°09′02″ Savannah 32°04′42″ 81°05′37″ Thomasville 30°50′25″ 83°58′59″ Waycross 31°12′19″ 82°21′47″ Wrens 33°12′21″ 82°23′23″ Guam: Agana 13°28′23″ 144°45′00″ Hawaii: Hilo 19°43′42″ 155°05′30″ Honolulu 21°18′36″ 157°51′48″ Wailuku 20°53′21″ 156°30′27″ Idaho: Boise 43°37′07″ 116°11′58″ Idaho Falls 43°29′39″ 112°02′28″ Lewiston 46°25′05″ 117°01′10″ Moscow 46°43′58″ 116°59′54″ Pocatello 42°51′38″ 112°27′01″ Twin Falls 42°33′25″ 114°28′21″ Illinois: Aurora 41°45′22″ 88°18′56″ Bloomington 40°28′58″ 88°59′32″ Carbondale 37°43′38″ 89°13′00″ Champaign 40°07′05″ 88°14′48″ Chicago 41°52′28″ 87°38′22″ Decatur 39°50′37″ 88°57′11″ Elgin 42°02′14″ 88°16′53″ Freeport 42°17′57″ 89°37′07″ Harrisburg 37°44′20″ 88°32′25″ Jacksonville 39°44′03″ 90°13′44″ Joliet 41°31′37″ 88°04′52″ La Salle 41°19′49″ 89°05′44″ Moline 41°30′31″ 90°30′49″ Mount Vernon 38°18′29″ 88°54′26″ Olney 38°43′47″ 88°05′00″ Peoria 40°41′42″ 89°35′33″ Quincy 39°55′59″ 91°24′12″ Rockford 42°16′07″ 89°05′48″ Rock Island 41°30′40″ 90°34′24″ Springfield 39°47′58″ 89°38′51″ Urbana 40°06′41″ 88°13′13″ Indiana: Bloomington 39°09′56″ 86°31′52″ Elkhart 41°40′56″ 85°58′15″ Evansville 37°58′20″ 87°34′21″ Fort Wayne 41°04′21″ 85°08′26″ Gary 41°35′59″ 87°20′07″ Hammond 41°35′13″ 87°27′43″ Indianapolis 39°46′07″ 86°09′46″ Lafayette 40°25′11″ 86°53′39″ Marion 40°33′17″ 85°39′49″ Muncie 40°11′28″ 85°23′16″ Richmond 39°49′49″ 84°53′26″ Roanoke 40°57′50″ 85°22′30″ St. John 41°27′00″ 87°28′13″ South Bend 41°40′33″ 86°15′01″ Terre Haute 39°28′03″ 87°24′26″ Vincennes 38°40′52″ 87°31′12″ Iowa: Ames 42°01′36″ 93°36′44″ Cedar Rapids 41°58′48″ 91°39′48″ Davenport 41°31′24″ 90°34′21″ Des Moines 41°35′14″ 93°37′00″ Dubuque 42°29′55″ 90°40′08″ Fort Dodge 42°30′12″ 94°11′05″ Iowa City 41°39′37″ 91°31′52″ Mason City 43°09′15″ 93°12′00″ Sioux City 42°29′46″ 96°24′30″ Waterloo 42°29′40″ 92°20′20″ Kansas: Ensign 37°38′48″ 100°14′00″ Garden City 37°57′54″ 100°52′20″ Goodland 39°20′53″ 101°42′35″ Great Bend 38°22′04″ 98°45′58″ Hays 38°52′16″ 99°19′57″ Hutchinson 38°03′11″ 97°55′20″ Pittsburg 37°24′50″ 94°42′11″ Salina 38°50′36″ 97°36′46″ Topeka 39°03′16″ 95°40′23″ Wichita 37°41′30″ 97°20′16″ Kentucky: Ashland 38°28′36″ 82°38′23″ Bowling Green 36°59′41″ 86°26′33″ Covington 39°05′00″ 84°30′29″ Elizabethtown 37°41′38″ 85°51′35″ Hazard 37°14′54″ 83°11′31″ Lexington 38°02′50″ 84°29′46″ Louisville 38°14′47″ 85°45′49″ Madisonville 37°19′45″ 87°29′54″ Morehead 38°10′53″ 83°26′08″ Murray 36°36′35″ 88°18′39″ Newport 39°05′28″ 84°29′20″ Owensboro 37°46′27″ 87°06′46″ Owenton 38°32′11″ 84°50′16″ Paducah 37°05′13″ 88°35′56″ Pikesville 37°28′49″ 82°31′09″ Somerset 37°05′35″ 84°36′17″ Louisiana: Alexandria 31°18′33″ 92°26′47″ Baton Rouge 30°26′58″ 91°11′00″ Houma 29°35′34″ 90°43′09″ Lafayette 30°13′24″ 92°01′06″ Lake Charles 30°13′45″ 93°12′52″ Monroe 32°30′02″ 92°06′55″ New Orleans 29°56′53″ 90°04′10″ Shreveport 32°30′46″ 93°44′58″ West Monroe 32°30′51″ 92°08′13″ Maine: Augusta 44°18′53″ 69°46′29″ Bangor 44°48′13″ 68°46′18″ Calais 45°11′04″ 67°16′43″ Orono 44°53′15″ 68°40′12″ Poland Spring 44°01′42″ 70°21′40″ Portland 43°39′33″ 70°15′19″ Presque Isle 46°40′57″ 68°00′52″ Maryland: Baltimore 39°17′26″ 76°36′45″ Cumberland 39°39′01″ 78°45′45″ Hagerstown 39°38′39″ 77°43′15″ Salisbury 38°21′56″ 75°35′56″ Massachusetts: Adams 42°37′30″ 73°07′05″ Boston 42°21′24″ 71°03′25″ Cambridge 42°21′58″ 71°06′24″ Greenfield 42°35′15″ 72°35′54″ New Bedford 41°38′13″ 70°55′41″ Springfield 42°06′21″ 72°35′32″ Worcester 42°15′37″ 71°48′17″ Michigan: Allen Park 42°15′12″ 83°12′57″ Battle Creek 42°18′58″ 85°10′48″ Bay City 43°36′04″ 83°53′15″ Cadillac 44°15′10″ 85°23′52″ Cheboygan 45°38′38″ 84°28′38″ Detroit 42°19′48″ 83°02′57″ Escanaba 45°44′45″ 87°03′18″ Flint 43°00′50″ 83°41′33″ Grand Rapids 42°58′03″ 85°40′13″ Jackson 42°14′43″ 84°24′22″ Kalamazoo 42°17′29″ 85°35′14″ Lansing 42°44′01″ 84°33′15″ Marquette 46°32′37″ 87°23′43″ Mount Pleasant 43°16′12″ 84°46′31″ Muskegon 43°14′17″ 86°15′02″ Onondaga 42°26′41″ 84°33′43″ Saginaw 43°25′52″ 83°56′05″ Sault Ste. Marie 46°29′58″ 84°20′37″ Traverse City 44°45′47″ 85°37′25″ University Center 43°33′31″ 83°59′09″ Minnesota: Alexandria 45°53′06″ 95°22′39″ Appleton 45°12′00″ 96°01′02″ Austin 43°39′57″ 92°58′20″ Duluth 46°46′56″ 92°06′24″ Hibbing 47°25′43″ 92°56′21″ Mankato 44°09′49″ 94°00′09″ Minneapolis 44°58′57″ 93°15′43″ Rochester 44°01′21″ 92°28′03″ St. Cloud 45°33′35″ 94°09′38″ St. Paul 44°56′50″ 93°05′11″ Walker 47°05′57″ 94°35′12″ Mississippi: Biloxi 30°23′43″ 88°53′08″ Bude 31°27′46″ 90°50′34″ Columbus 33°29′40″ 88°25′33″ Greenwood 33°31′05″ 90°10′55″ Gulfport 30°22′04″ 89°05′36″ Jackson 32°17′56″ 90°11′06″ Laurel 31°41′40″ 89°07′48″ Meridian 32°21′57″ 88°42′02″ Oxford 34°22′00″ 89°31′07″ State College 33°27′18″ 88°47′13″ Tupelo 34°15′26″ 88°42′30″ Missouri: Cape Girardeau 37°18′29″ 89°31′29″ Columbia 38°57′03″ 92°19′46″ Hannibal 39°42′24″ 91°22′45″ Jefferson City 38°34′40″ 92°10′24″ Joplin 37°05′26″ 94°30′50″ Kansas City 39°04′56″ 94°35′20″ Kirksville 40°11′37″ 92°34′58″ Poplar Bluff 36°45′20″ 90°23′38″ St. Joseph 39°45′57″ 94°51′02″ St. Louis 38°37′45″ 90°12′22″ Sedalia 38°42′08″ 93°13′26″ Springfield 37°13′03″ 93°17′32″ Montana: Anaconda 46°07′40″ 112°57′12″ Billings 45°47′00″ 108°30′04″ Butte 46°01′06″ 112°32′11″ Glendive 47°06′42″ 104°43′02″ Great Falls 47°29′33″ 111°18′23″ Helena 46°35′33″ 112°02′24″ Kalispell 48°11′45″ 114°18′44″ Miles City 46°24′34″ 105°50′30″ Missoula 46°52′23″ 113°59′29″ Nebraska: Albion 41°41′23″ 97°59′53″ Alliance 42°06′04″ 102°52′08″ Bassett 42°35′00″ 99°32′10″ Grand Island 40°55′33″ 98°20′23″ Hastings 40°35′21″ 98°23′20″ Hayes Center 40°30′36″ 101°01′18″ Hay Springs 42°41′03″ 102°41′22″ Kearney 40°41′58″ 99°04′53″ Lexington 40°46′30″ 99°44′41″ Lincoln 40°48′59″ 96°42′15″ McCook 40°12′02″ 100°37′32″ Merriman 42°55′07″ 101°42′02″ Norfolk 42°01′56″ 97°24′42″ North Platte 41°08′14″ 100°45′43″ Omaha 41°15′42″ 95°56′14″ Scottsbluff 41°51′40″ 103°39′00″ Superior 40°01′12″ 98°04′00″ Nevada: Elko 40°50′00″ 115°45′41″ Henderson 36°02′00″ 114°58′57″ Las Vegas 36°10′20″ 115°08′37″ Reno 39°31′27″ 119°48′40″ New Hampshire: Berlin 44°28′20″ 71°10′43″ Durham 43°08′02″ 70°55′35″ Hanover 43°42′03″ 72°17′24″ Keene 42°56′02″ 72°16′44″ Lebanon 43°38′34″ 72°15′12″ Littleton 44°18′22″ 71°46′13″ Manchester 42°59′28″ 71°27′41″ New Jersey: Atlantic City 39°21′32″ 74°25′53″ Burlington 40°04′21″ 74°51′47″ Camden 39°56′45″ 75°07′20″ Glen Ridge 40°48′16″ 74°12′14″ Linden 40°37′57″ 74°15′22″ Newark 40°44′14″ 74°10′19″ New Brunswick 40°29′38″ 74°26′49″ Paterson 40°54′51″ 74°09′51″ Trenton 40°13′16″ 74°45′28″ Vineland 39°29′13″ 75°01′17″ Wildwood 38°59′18″ 74°48′43″ New Mexico: Albuquerque 35°05′01″ 106°39′05″ Carlsbad 32°25′09″ 104°13′47″ Clovis 34°24′11″ 103°12′08″ Portales 34°10′58″ 103°20′10″ Roswell 33°23′47″ 104°31′26″ New York: Albany 42°39′01″ 73°45′01″ Binghamton 42°06′03″ 75°54′47″ Buffalo 42°52′52″ 78°52′21″ Carthage 43°58′50″ 75°36′26″ Elmira 42°05′26″ 76°48′22″ Garden City 40°43′26″ 73°38′03″ Ithaca 42°26′33″ 76°29′42″ Jamestown 42°05′45″ 79°14′40″ New York 40°45′06″ 73°59′39″ North Pole 44°23′59″ 73°51′00″ Norwood 44°45′00″ 75°59′39″ Oneonta 42°27′21″ 75°03′42″ Patchogue 40°45′56″ 73°00′42″ Plattsburgh 44°42′03″ 73°27′07″ Riverhead 40°55′06″ 72°39′51″ Rochester 43°09′41″ 77°36′21″ Schenectady 42°48′52″ 73°56′24″ Syracuse 43°03′04″ 76°09′14″ Utica 43°06′12″ 75°13′33″ Watertown 43°58′30″ 75°54′48″ North Carolina: Asheville 35°35′42″ 82°33′26″ Chapel Hill 35°54′51″ 79°03′11″ Charlotte 35°13′44″ 80°50′45″ Columbia 35°55′06″ 76°15′04″ Concord 35°24′29″ 80°34′45″ Durham 35°59′48″ 78°54′00″ Fayetteville 35°03′12″ 78°52′54″ Greensboro 36°04′17″ 79°47′25″ Greenville 35°36′49″ 77°22′22″ Hickory 35°43′54″ 81°20′20″ High Point 35°57′14″ 80°00′15″ Jacksonville 34°45′00″ 77°25′54″ Linville 36°04′06″ 81°52′16″ New Bern 35°06′33″ 77°02′23″ Raleigh 35°46′38″ 78°38′21″ Washington 35°32′35″ 77°03′16″ Wilmington 34°14′14″ 77°56′58″ Winston-Salem 36°05′52″ 80°14′42″ North Dakota: Bismark 46°48′23″ 100°47′17″ Devils Lake 48°06′42″ 98°51′29″ Dickinson 46°52′55″ 102°47′06″ Fargo 46°52′30″ 96°47′18″ Minot 48°14′09″ 101°17′38″ Pembina 48°58′00″ 97°14′37″ Valley City 46°55′31″ 98°00′04″ Williston 48°08′47″ 103°36′59″ Ohio: Akron 41°05′00″ 81°30′44″ Athens 39°19′38″ 82°06′09″ Bowling Green 41°22′37″ 83°39′03″ Canton 40°47′50″ 81°22′37″ Cincinnati 39°06′07″ 84°30′35″ Cleveland 41°29′51″ 81°41′50″ Columbus 39°57′47″ 83°00′17″ Dayton 39°45′32″ 84°11′43″ Kettering 39°41′22″ 84°10′07″ Lima 40°44′29″ 84°06′34″ Lorain 41°27′48″ 82°10′23″ Marion 40°35′14″ 83°07′36″ Newark 40°03′35″ 82°24′15″ Oxford 39°30′28″ 84°44′26″ Portsmouth 38°44′06″ 82°59′39″ Springfield 39°55′38″ 83°48′29″ Steubenville 40°21′42″ 80°36′53″ Toledo 41°39′14″ 83°32′39″ Youngstown 41°05′57″ 80°39′02″ Zanesville 39°56′59″ 82°00′56″ Oklahoma: Ada 34°46′24″ 96°40′36″ Ardmore 34°10′18″ 97°07′50″ Lawton 34°36′27″ 98°23′41″ Oklahoma City 35°28′26″ 97°31′04″ Sayre 35°17′34″ 99°38′23″ Tulsa 36°09′12″ 95°59′34″ Oregon: Coos Bay 43°22′02″ 124°13′09″ Corvallis 44°34′10″ 123°16′12″ Eugene 44°03′16″ 123°05′30″ Klamath Falls 42°13′32″ 121°46′32″ La Grande 45°19′47″ 118°05′45″ Medford 42°19′33″ 122°52′31″ Portland 45°31′06″ 122°40′35″ Roseburg 43°12′34″ 123°20′26″ Salem 44°56′21″ 123°01′59″ Pennsylvania: Allentown 40°36′11″ 75°28′06″ Altoona 40°30′55″ 78°24′03″ Bethlehem 40°37′57″ 75°21′36″ Clearfield 41°01′20″ 78°26′10″ Erie 42°07′15″ 80°04′57″ Harrisburg 40°15′43″ 76°52′59″ Hershey 40°17′04″ 76°39′01″ Johnstown 40°19′35″ 78°55′03″ Lancaster 40°02′25″ 76°18′29″ Philadelphia 39°56′58″ 75°09′21″ Pittsburgh 40°26′19″ 80°00′00″ Reading 40°20′09″ 75°55′40″ Scranton 41°24′32″ 75°39′46″ Wilkes-Barre 41°14′32″ 75°53′17″ York 39°57′35″ 76°43′36″ Puerto Rico: Aguadilla 18°25′53″ 67°09′18″ Arecibo 18°28′26″ 66°43′39″ Caguas 18°13′59″ 66°02′06″ Fajardo 18°19′35″ 65°39′21″ Mayaguez 18°12′16″ 67°08′36″ Ponce 18°00′51″ 66°36′58″ San Juan 18°26′55″ 66°03′55″ Rhode Island: Providence 41°49′32″ 71°24′41″ South Carolina: Allendale 33°00′30″ 81°18′26″ Anderson 34°30′06″ 82°38′54″ Charleston 32°46′35″ 79°55′53″ Columbia 34°00′02″ 81°02′00″ Florence 34°11′49″ 79°46′06″ Greenville 34°50′50″ 82°24′01″ Spartanburg 34°57′03″ 81°56′06″ South Dakota: Aberdeen 45°27′31″ 98°29′03″ Brookings 44°18′38″ 96°47′53″ Florence 45°03′14″ 97°19′35″ Lead 44°21′07″ 103°46′03″ Mitchell 43°42′48″ 98°01′36″ Pierre 44°22′06″ 100°20′57″ Rapid City 44°04′52″ 103°13′11″ Reliance 43°52′45″ 99°36′18″ Sioux Falls 43°32′35″ 96°43′35″ Vermillion 42°46′52″ 96°55′35″ Tennessee: Chattanooga 35°02′41″ 85°18′32″ Jackson 35°36′48″ 88°49′15″ Johnson City 36°19′04″ 82°20′56″ Kingsport 36°32′57″ 82°33′44″ Knoxville 35°57′39″ 83°55′07″ Lexington 35°38′58″ 88°23′31″ Memphis 35°08′46″ 90°03′13″ Nashville 36°09′33″ 86°46′55″ Sneedville 36°31′46″ 83°13′04″ Texas: Abilene 32°27′05″ 99°43′51″ Amarillo 35°12′27″ 101°50′04″ Austin 30°16′09″ 97°44′37″ Beaumont 30°05′20″ 94°06′09″ Belton 31°03′31″ 97°27′39″ Big Spring 32°15′03″ 101°28′38″ Bryan 30°38′48″ 96°21′31″ College Station 30°37′05″ 96°20′41″ Corpus Christi 27°47′51″ 97°23′45″ Dallas 32°47′09″ 96°47′37″ El Paso 31°45′36″ 106°29′11″ Fort Worth 32°44′55″ 97°19′44″ Galveston 29°18′10″ 94°47′43″ Harlingen 26°11′29″ 97°41′35″ Houston 29°45′26″ 95°21′37″ Laredo 27°30′22″ 99°30′30″ Longview 32°28′24″ 94°43′45″ Lubbock 33°35′05″ 101°50′33″ Lufkin 31°20′14″ 94°43′21″ Midland 31°59′54″ 102°04′31″ Monahans 31°35′16″ 102°53′26″ Nacogdoches 31°36′13″ 94°39′20″ Odessa 31°50′49″ 102°22′01″ Port Arthur 29°52′09″ 93°56′01″ Richardson 32°57′06″ 96°44′05″ Rosenberg 29°33′30″ 95°48′15″ San Angelo 31°27′39″ 100°26′03″ San Antonio 29°25′37″ 98°29′06″ Sweetwater 32°28′24″ 100°24′18″ Temple 31°06′02″ 97°20′22″ Texarkana 33°25′29″ 94°02′34″ Tyler 32°21′21″ 95°17′52″ Victoria 28°48′01″ 97°00′06″ Waco 31°33′12″ 97°08′00″ Weslaco 26°09′24″ 97°59′33″ Wichita Falls 33°54′34″ 98°29′28″ Utah: Logan 41°44′03″ 111°50′11″ Ogden 41°13′31″ 111°58′21″ Provo 40°14′07″ 111°39′34″ Salt Lake City 40°45′23″ 111°53′26″ Vermont: Burlington 44°28′34″ 73°12′46″ Rutland 43°36′29″ 72°58′56″ St. Johnsbury 44°25′16″ 72°01′13″ Windsor 43°28′38″ 72°23′32″ Virginia: Bristol 36°35′48″ 82°11′04″ Charlottesville 38°01′52″ 78°28′50″ Goldvein 38°26′54″ 77°39′19″ Hampton 37°01′32″ 76°20′32″ Harrisonburg 38°27′01″ 78°52′07″ Lynchburg 37°24′51″ 79°08′37″ Norfolk 36°51′10″ 76°17′21″ Norton 36°56′05″ 82°37′31″ Petersburg 37°13′40″ 77°24′15″ Portsmouth 36°50′12″ 76°17′54″ Richmond 37°32′15″ 77°26′09″ Roanoke 37°16′13″ 79°56′44″ Staunton 38°09′02″ 79°04′34″ Virgin Islands: Charlotte Amalie 18°20′36″ 64°55′53″ Christiansted 17°44′44″ 64°42′21″ Washington: Bellingham 48°45′02″ 122°28′36″ Kennewick 46°12′28″ 119°08′32″ Lakewood Center 47°07′37″ 122°31′15″ Pasco 46°13′50″ 119°05′27″ Pullman 46°43′42″ 117°10′46″ Richland 46°16′36″ 119°16′21″ Seattle 47°36′32″ 122°20′12″ Spokane 47°39′32″ 117°25′33″ Tacoma 47°14′59″ 122°26′15″ Yakima 46°36′09″ 120°30′39″ West Virginia: Bluefield 37°15′29″ 81°13′20″ Charleston 38°21′01″ 81°37′52″ Clarksburg 39°16′50″ 80°20′38″ Grandview 37°49′28″ 81°04′20″ Huntington 38°25′12″ 82°26′33″ Morgantown 39°37′41″ 79°57′28″ Oak Hill 37°58′31″ 81°08′45″ Parkersburg 39°15′57″ 81°33′46″ Weston 39°02′19″ 80°28′05″ Wheeling 40°04′03″ 80°43′20″ Wisconsin: Eau Claire 44°48′31″ 91°29′49″ Fond Du Lac 43°46′35″ 88°26′52″ Green Bay 44°30′48″ 88°00′50″ Janesville 42°40′52″ 89°01′39″ Kenosha 42°35′04″ 87°49′14″ La Crosse 43°48′48″ 91°15′02″ Madison 43°04′23″ 89°22′55″ Milwaukee 43°02′19″ 87°54′15″ Rhinelander 45°38′09″ 89°24′50″ Superior 46°43′14″ 92°06′07″ Wausau 44°57′30″ 89°37′40″ Wyoming: Casper 42°51′00″ 106°19′22″ Cheyenne 41°08′09″ 104°49′07″ Rawlins 41°47′23″ 107°14′37″ Riverton 43°01′29″ 108°23′03″ [ 37 FR 3278 , Feb. 12, 1972, as amended at 37 FR 13866 , July 14, 1972; 51 FR 18451 , May 20, 1986; 51 FR 44608 , Dec. 11, 1986; 54 FR 25716 , June 19, 1989; 56 FR 49707 , Oct. 1, 1991] § 76.54 Significantly viewed signals; method to be followed for special showings. ( a ) Signals that are significantly viewed in a county (and thus are deemed to be significantly viewed within all communities within the county) are those that are listed in Appendix B of the memorandum opinion and order on reconsideration of the Cable Television Report and Order (Docket 18397 et al. ), FCC 72-530, and those communities listed in the Significantly Viewed List as it appears on the official website of the Federal Communications Commission. ( b ) Significant viewing in a cable television or satellite community for signals not shown as significantly viewed under paragraphs (a) or (d) of this section may be demonstrated by an independent professional audience survey of over-the-air television homes that covers at least two weekly periods separated by at least thirty (30) days but no more than one of which shall be a week between the months of April and September. If two surveys are taken, they shall include samples sufficient to assure that the combined surveys result in an average figure at least one standard error above the required viewing level. If surveys are taken for more than 2-weekly periods in any 12 months, all such surveys must result in an average figure at least one standard error above the required viewing level. If a cable television system serves more than one community, a single survey may be taken, provided that the sample includes over-the-air television homes from each community that are proportional to the population. A satellite carrier may demonstrate significant viewing in more than one community or satellite community through a single survey, provided that the sample includes over-the-air television homes from each community that are proportional to the population. ( c ) Notice of a survey to be made pursuant to paragraph (b) of this section shall be served on all licensees or permittees of television broadcast stations within whose predicted noise limited service contour, as defined in § 73.622(e) of this chapter , the cable or satellite community or communities are located, in whole or in part, and on all other system community units, franchisees, and franchise applicants in the cable community or communities at least (30) days prior to the initial survey period. Such notice shall include the name of the survey organization and a description of the procedures to be used. Objections to survey organizations or procedures shall be served on the party sponsoring the survey within twenty (20) days after receipt of such notice. ( d ) Signals of television broadcast stations not encompassed by the surveys (for the periods May 1970, November 1970 and February/March 1971) used in establishing appendix B of the Memorandum Opinion and Order on Reconsideration of Cable Television Report and Order, FCC 72-530, 36 FCC 2d 326 (1972), may be demonstrated as significantly viewed on a county-wide basis by independent professional audience surveys which cover three separate, consecutive four-week periods and are otherwise comparable to the surveys used in compiling the above-referenced appendix B: Provided, however, That such demonstration shall be based upon audience survey data for the first three years of the subject station's broadcast operations. ( e ) Satellite carriers that intend to retransmit the signal of a significantly viewed television broadcast station to a subscriber located outside such station's local market, as defined by § 76.55(e) , must provide written notice to all television broadcast stations that are assigned to the same local market as the intended subscriber at least 60 days before commencing retransmission of the significantly viewed station. Such satellite carriers must also provide the notifications described in § 76.66(d)(5)(i) . Except as provided in this paragraph (e) , such written notice must be sent via certified mail, return receipt requested, to the address for such station(s) as listed in the consolidated database maintained by the Federal Communications Commission. After July 31, 2020, such written notice must be delivered to stations electronically in accordance with § 76.66(d)(2)(ii) . ( f ) Satellite carriers that retransmit the signal of a significantly viewed television broadcast station to a subscriber located outside such station's local market must list all such stations and the communities to which they are retransmitted on their website. ( g ) Limitations on satellite subscriber eligibility. A satellite carrier may retransmit a significantly viewed network station to a subscriber, provided the conditions in paragraphs (g)(1) and (g)(2) of this section are satisfied or one of the two exceptions to these conditions provided in paragraphs (g)(3) and (g)(4) of this section apply. ( 1 ) Local service requirement. A satellite carrier may retransmit to a subscriber the signal of a significantly viewed station if: ( i ) Such subscriber receives local-into-local service pursuant to § 76.66 ; and ( ii ) Such satellite carrier is in compliance with § 76.65 with respect to the stations located in the local market into which the significantly viewed station will be retransmitted. ( 2 ) HD format requirement. Subject to the conditions in paragraphs (g)(2)(i) through (iv) of this section, a satellite carrier may retransmit to a subscriber in high definition (HD) format the signal of a significantly viewed station only if such carrier also retransmits in HD format the signal of a station located in the local market of such subscriber and affiliated with the same network whenever such format is available from such station, including when the HD signal is broadcast on a multicast stream. ( i ) The requirement in paragraph (g)(2) of this section applies only where a satellite carrier retransmits to a subscriber the significantly viewed station in HD format, and does not restrict a satellite carrier from retransmitting to a subscriber a significantly viewed station in standard definition (SD) format. ( ii ) For purposes of paragraph (g)(2) of this section, the term “HD format” refers to a picture quality resolution of 720p, 1080i, or higher. ( iii ) For purposes of paragraph (g)(2) of this section, the local station's HD signal will be considered “available” to the satellite carrier when the station: ( A ) Elects mandatory carriage or grants retransmission consent; ( B ) Provides a good quality HD signal to the satellite carrier's local receive facility (LRF); and ( C ) Complies with the requirements of §§ 76.65 and 76.66 . ( iv ) Notwithstanding the provisions of paragraph (g)(2)(iii) of this section, if the local station is willing to grant retransmission consent and make its HD signal available to the satellite carrier, but the satellite carrier does not negotiate with the local station in good faith, as required by § 76.65 , then the local station's HD signal will be deemed “available” for purposes of paragraph (g)(2) of this section. ( 3 ) Exception if no network affiliate in local market. The limitations in paragraphs (g)(1) and (g)(2) of this section will not prohibit a satellite carrier from retransmitting a significantly viewed network station to a subscriber located in a local market in which there are no network stations affiliated with the same television network as the significantly viewed station. ( 4 ) Exception if waiver granted by local station. The limitations in paragraphs (g)(1) and (g)(2) of this section will not apply if, and to the extent that, the local network station affiliated with the same television network as the significantly viewed station has granted a waiver in accordance with 47 U.S.C. 340(b)(4) . ( h ) [Reserved] ( i ) For purposes of paragraph (g) of this section, television network and network station are as defined in 47 U.S.C. 339(d) . ( j ) Notwithstanding the requirements of this section, the signal of a television broadcast station will be deemed to be significantly viewed if such station is shown to qualify for such status pursuant to 47 U.S.C. 341(a) . ( k ) Notwithstanding the other provisions of this section, a satellite carrier may not retransmit as significantly viewed the signal of a television broadcast station into the Designated Market Areas identified in 47 U.S.C. 341(b) . [ 37 FR 3278 , Feb. 12, 1972, as amended at 37 FR 13866 , July 14, 1972; 40 FR 48930 , Oct. 20, 1975; 41 FR 32429 , Aug. 3, 1976; 42 FR 19346 , Apr. 13, 1977; 53 FR 17051 , May 13, 1988; 56 FR 33392 , July 22, 1991; 70 FR 76529 , Dec. 27, 2005; 75 FR 72986 , Nov. 29, 2010; 85 FR 16004 , Mar. 20, 2020] § 76.55 Definitions applicable to the must-carry rules. For purposes of the must-carry rules set forth in this subpart, the following definitions apply: ( a ) Qualified noncommercial educational (NCE) television station. A qualified NCE television station is any television broadcast station which ( 1 ) ( i ) Under the rules and regulations of the Commission in effect on March 29, 1990, is licensed by the Commission as an NCE television broadcast station and which is owned and operated by a public agency, nonprofit foundation, corporation, or association; and ( ii ) Has as its licensee an entity which is eligible to receive a community service grant, or any successor grant thereto, from the Corporation for Public Broadcasting, or any successor organization thereto, on the basis of the formula set forth in section 396(k)(6)(B) of the Communications Act of 1934, as amended; or ( 2 ) Is owned and operated by a municipality and transmits noncommercial programs for educational programs for educational purposes, as defined in § 73.621 of this chapter , for at least 50 percent of its broadcast week. ( 3 ) This definition includes: ( i ) The translator of any NCE television station with five watts or higher power serving the franchise area, ( ii ) A full-service station or translator if such station or translator is licensed to a channel reserved for NCE use pursuant to § 73.606 of this chapter , or any successor regulations thereto, and ( iii ) Such stations and translators operating on channels not so reserved but otherwise qualified as NCE stations. Note to paragraph ( a ): For the purposes of § 76.55(a) , “serving the franchise area” will be based on the predicted protected contour of the NCE translator. ( b ) Qualified local noncommercial educational (NCE) television station. A qualified local NCE television station is a qualified NCE television station: ( 1 ) That is licensed to a community whose reference point, as defined in § 76.53 is within 80.45 km (50 miles) of the principal headend, as defined in § 76.5(pp) , of the cable system; or ( 2 ) Whose Grade B service contour encompasses the principal headend, as defined in § 76.5(pp) , of the cable system. ( 3 ) Notwithstanding the provisions of this section, a cable operator shall not be required to add the signal of a qualified local noncommercial educational television station not already carried under the provision of § 76.56(a)(5) , where such signal would be considered a distant signal for copyright purposes unless such station agrees to indemnify the cable operator for any increased copyright liability resulting from carriage of such signal on the cable system. ( c ) Local commercial television station. A local commercial television station is any full power television broadcast station, other than a qualified NCE television station as defined in paragraph (a) of this section, licensed and operating on a channel regularly assigned to its community by the Commission that, with respect to a particular cable system, is within the same television market, as defined below in paragraph (e) of this section, as the cable system, except that the term local commercial television station does not include: ( 1 ) Low power television stations, television translator stations, and passive repeaters with operate pursuant to part 74 of this chapter . ( 2 ) A television broadcast station that would be considered a distant signal under the capable compulsory copyright license, 17 U.S.C. 111 , if such station does not agree to indemnify the cable operator for any increased copyright liability resulting from carriage on the cable system; or ( 3 ) A television broadcast station that does not deliver to the principal headend, as defined in § 76.5(pp) , of a cable system a signal level of −45dBm for analog UHF signals, −49dBm for analog VHF signals, or −61dBm for digital signals at the input terminals of the signal processing equipment, i.e. , the input to the first active component of the signal processing equipment relevant to the signal at issue, if such station does not agree to be responsible for the costs of delivering to the cable system a signal of good quality or a baseband video signal. ( d ) Qualified low power station. A qualified low power station is any television broadcast station conforming to the low power television rules contained in part 74 of this chapter , only if: ( 1 ) Such station broadcasts for at least the minimum number of hours of operation required by the Commission for full power television broadcast stations under part 73 of this chapter ; ( 2 ) Such station meets all obligations and requirements applicable to full power television broadcast stations under part 73 of this chapter , with respect to the broadcast of nonentertainment programming; programming and rates involving political candidates, election issues, controversial issues of public importance, editorials, and personal attacks; programming for children; and equal employment opportunity; and the Commission determines that the provision of such programming by such station would address local news and informational needs which are not being adequately served by full power television broadcast stations because of the geographic distance of such full power stations from the low power station's community of license; ( 3 ) Such station complies with interference regulations consistent with its secondary status pursuant to part 74 of this chapter ; ( 4 ) Such station is located no more than 56.32 km (35 miles) from the cable system's principal headend, as defined in § 76.5(pp) , and delivers to that headend an over-the-air signal of good quality; ( 5 ) The community of license of such station and the franchise area of the cable system are both located outside of the largest 160 Metropolitan Statistical Areas, ranked by population, as determined by the Office of Management and Budget on June 30, 1990, and the population of such community of license on such date did not exceed 35,000; and ( 6 ) There is no full power television broadcast station licensed to any community within the county or other equivalent political subdivision (of a State) served by the cable system. Note to paragraph ( d ): For the purposes of this section, for over-the-air broadcast, a good quality signal shall mean a signal level of either −45 dBm for analog VHF signals, −49 dBm for analog UHF signals, or −61 dBm for digital signals (at all channels) at the input terminals of the signal processing equipment. ( e ) Television market. ( 1 ) Until January 1, 2000, a commercial broadcast television station's market, unless amended pursuant to § 76.59 , shall be defined as its Area of Dominant Influence (ADI) as determined by Arbitron and published in the Arbitron 1991-1992 Television ADI Market Guide, as noted below, except that for areas outside the contiguous 48 states, the market of a station shall be defined using Nielsen's Designated Market Area (DMA), where applicable, as published in the Nielsen 1991-92 DMA Market and Demographic Rank Report, and that Puerto Rico, the U.S. Virgin Islands, and Guam will each be considered a single market. ( 2 ) A commercial broadcast station's market, unless amended pursuant to § 76.59 , shall be defined as its Designated Market Area (DMA) as determined by Nielsen Media Research and published in its Nielsen Local TV Station Information Report or any successor publications. ( i ) The applicable DMA list for the 2023 election pursuant to § 76.64(f) will be the DMA assignments specified in the Nielsen October 2021 Local TV Station Information Report, and so forth using the publications for the October two years prior to each triennial election pursuant to § 76.64(f) . ( ii ) The applicable DMA list for the 2002 election pursuant to § 76.64(f) will be the DMA assignments specified in the 2000-2001 list, and so forth for each triennial election pursuant to § 76.64(f) . ( 3 ) In addition, the county in which a station's community of license is located will be considered within its market. ( 4 ) A cable system's television market(s) shall be the one or more ADI markets in which the communities it serves are located until January 1, 2000, and the one or more DMA markets in which the communities it serves are located thereafter. ( 5 ) In the absence of any mandatory carriage complaint or market modification petition, cable operators in communities that shift from one market to another, due to the change in 1999-2000 from ADI to DMA, will be permitted to treat their systems as either in the new DMA market, or with respect to the specific stations carried prior to the market change from ADI to DMA, as in both the old ADI market and the new DMA market. ( 6 ) If the change from the ADI market definition to the DMA market definition in 1999-2000 results in the filing of a mandatory carriage complaint, any affected party may respond to that complaint by filing a market modification request pursuant to § 76.59 , and these two actions may be jointly decided by the Commission. Note to paragraph ( e ): For the 1996 must-carry/retransimission consent election, the ADI assignments specified in the 1991-1992 Television ADI Market Guide, available from the Arbitron Ratings Co., 9705 Patuxent Woods Drive, Columbia, MD, will apply. For the 1999 election, which becomes effective on January 1, 2000, DMA assignments specified in the 1997-98 DMA Market and Demographic Rank Report, available from Nielsen Media Research, 299 Park Avenue, New York, NY, shall be used. The applicable DMA list for the 2002 election will be the 2000-2001 list, etc. ( f ) Network. For purposes of the must-carry rules, a commercial television network is an entity that offers programming on a regular basis for 15 or more hours per week to at least 25 affiliates in 10 or more states. [ 58 FR 17359 , Apr. 2, 1993, as amended at 58 FR 44951 , Aug. 25, 1993; 59 FR 62344 , Dec. 5, 1994; 61 FR 29313 , June 10, 1996; 64 FR 42617 , Aug. 5, 1999; 68 FR 17312 , Apr. 9, 2003; 73 FR 5685 , Jan. 30, 2008; 83 FR 7626 , Feb. 22, 2018; 87 FR 74988 , Dec. 7, 2022] § 76.56 Signal carriage obligations. ( a ) Carriage of qualified noncommercial educational stations. A cable television system shall carry qualified NCE television stations in accordance with the following provisions: ( 1 ) Each cable operator shall carry on its cable television system any qualified local NCE television station requesting carriage, except that ( i ) Systems with 12 or fewer usable activated channels, as defined in § 76.5(oo) , shall be required to carry the signal of one such station; ( ii ) Systems with 13 to 36 usable activated channels, as defined in § 76.5(oo) , shall be required to carry at least one qualified local NCE station, but not more than three such stations; and ( iii ) Systems with more than 36 usable activated channels shall be required to carry the signals of all qualified local NCE television stations requesting carriage, but in any event at least three such signals; however a cable system with more than 36 channels shall not be required to carry an additional qualified local NCE station whose programming substantially duplicates the programming of another qualified local NCE station being carried on the system. Note: For purposes of this paragraph, a station will be deemed to “substantially duplicate” the programming of another station if it broadcasts the same programming, simultaneous or non-simultaneous, for more than 50 percent of prime time, as defined in § 76.5(n) , and more than 50 percent outside of prime time over a three-month period. ( 2 ) ( i ) In the case of a cable system with 12 or fewer channels that operates beyond the presence of any qualified local NCE stations, the cable operator shall import one qualified NCE television station. ( ii ) A cable system with between 13 and 36 channels that operates beyond the presence of any qualified local NCE stations, the cable operator shall import at least one qualified NCE television station. ( 3 ) A cable system with 12 or fewer usable activated channels shall not be required to remove any programming service provided to subscribers as of March 29, 1990, to satisfy these requirements, except that the first available channel must be used to satisfy these requirements. ( 4 ) A cable system with 13 to 36 usable activated channels which carries the signal of a qualified local NCE station affiliated with a State public television network shall not be required to carry more than one qualified local NCE station affiliated with such network, if the programming of such additional stations substantially duplicates, as defined in the note in paragraph (a)(1) of this section, the programming of a qualified local NCE television station receiving carriage. ( 5 ) Notwithstanding the requirements of paragraph (a)(1) of this section, all cable operators shall continue to provide carriage to all qualified local NCE television stations whose signals were carried on their systems as of March 29, 1990. In the case of a cable system that is required to import a distance qualified NCE signal, and such system imported the signal of a qualified NCE station as of March 29, 1990, such cable system shall continue to import such signal until such time as a qualified local NCE signal is available to the cable system. This requirements may be waived with respect to a particular cable operator and a particular NCE station, upon the written consent of the cable operator and the station. ( b ) Carriage of local commercial television stations. A cable television system shall carry local commercial broadcast television stations in accordance with the following provisions: ( 1 ) A cable system with 12 or fewer usable activated channels, as defined in § 76.5(oo) , shall carry the signals of at least three qualified local commercial television stations, except that if such system serves 300 or fewer subscribers it shall not be subject to these requirements as long as it does not delete from carriage the signal of a broadcast television station which was carried on that system on October 5, 1992. ( 2 ) A cable system with more than 12 usable activated channels, as defined in § 76.5(oo) , shall carry local commercial television stations up to one-third of the aggregate number of usable activated channels of such system. ( 3 ) If there are not enough local commercial television stations to fill the channels set aside under paragraphs (b)(1) and (b)(2) of this section, a cable operator of a system with 35 or fewer usable activated channels, as defined in § 76.5(oo) , shall, if such stations exist, carry one qualified low power television station and a cable system with more than 35 usable activated channels shall carry two qualified low power stations. ( 4 ) Whenever the number of local commercial television stations exceeds the maximum number of signals a cable system is required to carry under paragraph (b)(1) or (b)(2) of this section, the cable operator shall have discretion in selecting which such stations shall be carried on its cable system, except that ( i ) Under no circumstances shall a cable operator carry a qualified low power station in lieu of a local commercial television station; and ( ii ) If the cable operator elects to carry an affiliate of a broadcast network, as defined in § 76.55(f) , such cable operator shall carry the affiliate of such broadcast network whose community of license reference point, as defined in § 76.53 , is closest to the principal headend, as defined in § 76.5(pp) , of the cable system. ( 5 ) A cable operator is not required to carry the signal of any local commercial television station that substantially duplicates the signal of another local commercial television station that is carried on its cable system, or to carry the signals of more than one local commercial television station affiliated with a particular broadcast network, as defined in § 76.55(f) . However, if a cable operator declines to carry duplicating signals, such cable operator shall carry the station whose community of license reference point, as defined in § 76.53 , is closest to the principal headend of the cable system. For purposes of this paragraph, substantially duplicates means that a station regularly simultaneously broadcasts the identical programming as another station for more than 50 percent of the broadcast week. For purposes of this definition, only identical episodes of a television series are considered duplicative and commercial inserts are excluded from the comparison. When the stations being compared are licensed to communities in different time zones, programming aired by a station within one hour of the identical program being broadcast by another station will be considered duplicative. ( 6 ) [Reserved] ( 7 ) A local commercial television station carried to fulfill the requirements of this paragraph, which subsequently elects retransmission consent pursuant to § 76.64 , shall continue to be carried by the cable system until the effective date of such retransmission consent election. ( c ) Use of public, educational, or governmental (PEG) channels. A cable operator required to carry more than one signal of a qualified low power station or to add qualified local NCE stations in fulfillment of these must-carry obligations may do so, subject to approval by the franchising authority pursuant to Section 611 of the Communications Act of 1934, as amended, by placing such additional station on public, educational, or governmental channels not in use for their designated purposes. ( d ) Availability of signals. ( 1 ) Local commercial television stations carried in fulfillment of the requirements of this section shall be provided to every subscriber of a cable system. Such signals shall be viewable via cable on all television receivers of a subscriber which are connected to a cable system by a cable operator or for which a cable operator provides a connection. ( 2 ) Qualified local NCE television stations carried in fulfillment of the carriage obligations of a cable operator under this section shall be available to every subscriber as part of the cable system's lowest priced service tier that includes the retransmission of local commercial television broadcast signals. ( e ) Carriage of additional broadcast television signals on such system shall be at the discretion of the cable operator, subject to the retransmission consent rules, § 76.64 . A cable system may also carry any ancillary or other transmission contained in the broadcast television signal. ( f ) Calculation of broadcast signals carried. When calculating the portion of a cable system devoted to carriage of local commercial television stations under paragraph (b) of this section, a cable operator may count the primary video and program-related signals of all such stations, and any alternative-format versions of those signals, that they carry. ( g ) Channel sharing carriage rights. A broadcast television station that voluntarily relinquishes spectrum usage rights under 73.3700 of this chapter in order to share a television channel and that possessed carriage rights under section 338, 614, or 615 of the Communications Act of 1934 ( 47 U.S.C. 338 ; 534; 535) on November 30, 2010, shall have, at its shared location, the carriage rights under such section that would apply to such station at such location if it were not sharing a channel. ( h ) Next Gen TV carriage rights. ( 1 ) A broadcast television station that chooses to deploy Next Gen TV service, see § 73.682(f) of this chapter , may assert mandatory carriage rights under this section only with respect to its ATSC 1.0 signal and may not assert mandatory carriage rights with respect to its ATSC 3.0 signal. ( 2 ) With respect to a Next Gen TV station that moves its 1.0 simulcast signal to a host station's ( i.e., a station whose facilities are being used to transmit programming originated by another station) facilities, the station may assert mandatory carriage rights under this section only if it: ( i ) Qualified for, and has been exercising, mandatory carriage rights at its original location; and ( ii ) Continues to qualify for mandatory carriage at the host station's facilities, including (but not limited to) delivering a good quality 1.0 signal to the cable system principal headend, or agreeing to be responsible for the costs of delivering such 1.0 signal to the cable system. Note 1 to § 76.56 : Section 76.1620 provides notification requirements for a cable operator who authorizes subscribers to install additional receiver connections, but does not provide the subscriber with such connections, or with the equipment and materials for such connections. Note 2 to § 76.56 : Section 76.1614 provides response requirements for a cable operator who receives a written request to identify its must-carry signals. Note 3 to § 76.56 : Section 76.1709 provides recordkeeping requirements with regard to a cable operator's list of must-carry signals. [ 58 FR 17360 , Apr. 2, 1993, as amended at 58 FR 39161 , July 22, 1993; 58 FR 40368 , July 28, 1993; 59 FR 62344 , Dec. 5, 1994; 65 FR 53614 , Sept. 5, 2000; 66 FR 16553 , Mar. 26, 2001; 73 FR 6054 , Feb. 1, 2008; 77 FR 30426 , May 23, 2012; 77 FR 36192 , June 18, 2012; 83 FR 5028 , Feb. 2, 2018; 83 FR 7626 , Feb. 22, 2018] § 76.57 Channel positioning. ( a ) At the election of the licensee of a local commercial broadcast television station, and for the purpose of this section, a qualified low power television station, carried in fulfillment of the must-carry obligations, a cable operator shall carry such signal on the cable system channel number on which the local commercial television station is broadcast over the air, or on the channel on which it was carried on July 19, 1985, or on the channel on which it was carried on January 1, 1992. ( b ) At the election of the licensee of a qualified local NCE broadcast television station carried in fulfillment of the must-carry obligations, a cable operator shall carry such signal on the cable system channel number on which the qualified NCE television station is broadcast over the air, or on the channel on which it was carried on July 19, 1985. ( c ) With respect to digital signals of a television station carried in fulfillment of the must-carry obligations, a cable operator shall carry the information necessary to identify and tune to the broadcast television signal. ( d ) Any signal carried in fulfillment of the must-carry obligations may be carried on such other channel number as is mutually agreed upon by the station and the cable operator. ( e ) At the time a local commercial station elects must-carry status pursuant to § 76.64 , such station shall notify the cable system of its choice of channel position as specified in paragraphs (a) , (b) , and (d) of this section. A qualified NCE station shall notify the cable system of its choice of channel position when it requests carriage. ( f ) Pursuant to § 76.64(f)(3) , a local commercial broadcast television station that fails to make an election is deemed a must-carry station. A cable operator shall carry such a television station on the cable system channel number on which the local commercial television station is broadcast over the air, or on the channel on which it was carried on July 19, 1985, or on the channel on which it was carried on January 1, 1992. In the event that none of these specified channel positions is available due to a channel positioning request from a commercial television station affirmatively asserting its must-carry rights or such a request from a qualified local noncommercial educational station, the cable operator shall place the signal of such a television station on a channel of the cable system's choice, so long as that channel is included on the basic service tier. Note to § 76.57 : Any existing agreement for channel position between a local commercial station entitled to must-carry status and a cable operator entered into prior to June 26, 1990, may continue through the expiration of such agreement. [ 58 FR 17361 , Apr. 2, 1993, as amended at 58 FR 40368 , July 28, 1993; 59 FR 62345 , Dec. 5, 1994; 66 FR 16553 , Mar. 26, 2001; 83 FR 7626 , Feb. 22, 2018] § 76.59 Modification of television markets. ( a ) The Commission, following a written request from a broadcast station, cable system, satellite carrier or county government (only with respect to satellite modifications), may deem that the television market, as defined either by § 76.55(e) or § 76.66(e) , of a particular commercial television broadcast station should include additional communities within its television market or exclude communities from such station's television market. In this respect, communities may be considered part of more than one television market. ( b ) Such requests for modification of a television market shall be submitted in accordance with § 76.7 , petitions for special relief, and shall include the following evidence: ( 1 ) A map or maps illustrating the relevant community locations and geographic features, station transmitter sites, cable system headend or satellite carrier local receive facility locations, terrain features that would affect station reception, mileage between the community and the television station transmitter site, transportation routes and any other evidence contributing to the scope of the market. ( 2 ) Noise-limited service contour maps (for full-power digital stations) or protected contour maps (for Class A and low power television stations) delineating the station's technical service area and showing the location of the cable system headends or satellite carrier local receive facilities and communities in relation to the service areas. Note to paragraph ( b )(2): Service area maps using Longley-Rice (version 1.2.2) propagation curves may also be included to support a technical service exhibit. ( 3 ) Available data on shopping and labor patterns in the local market. ( 4 ) Television station programming information derived from station logs or the local edition of the television guide. ( 5 ) Cable system or satellite carrier channel line-up cards or other exhibits establishing historic carriage, such as television guide listings. ( 6 ) Published audience data for the relevant station showing its average all day audience ( i.e., the reported audience averaged over Sunday-Saturday, 7 a.m.-1 a.m., or an equivalent time period) for both multichannel video programming distributor (MVPD) and non-MVPD households or other specific audience indicia, such as station advertising and sales data or viewer contribution records. ( 7 ) If applicable, a statement that the station is licensed to a community within the same state as the relevant community. ( c ) Petitions for Special Relief to modify television markets that do not include such evidence shall be dismissed without prejudice and may be refiled at a later date with the appropriate filing fee. ( d ) A cable operator or satellite carrier shall not delete from carriage the signal of a commercial television station during the pendency of any proceeding pursuant to this section. ( e ) A market determination under this section shall not create additional carriage obligations for a satellite carrier if it is not technically and economically feasible for such carrier to accomplish such carriage by means of its satellites in operation at the time of the determination. ( f ) No modification of a commercial television broadcast station's local market pursuant to this section shall have any effect on the eligibility of households in the community affected by such modification to receive distant signals from a satellite carrier pursuant to 47 U.S.C. 339 . [ 58 FR 17361 , Apr. 2, 1993, as amended at 64 FR 33796 , June 24, 1999; 67 FR 53892 , Aug. 22, 2002; 80 FR 59663 , Oct. 2, 2015] § 76.60 Compensation for carriage. A cable operator is prohibited from accepting or requesting monetary payment or other valuable consideration in exchange either for carriage or channel positioning of any broadcast television station carried in fulfillment of the must-carry requirements, except that ( a ) Any such station may be required to bear the costs associated with delivering a good quality signal or a baseband video signal to the principal headend of the cable system; or ( b ) A cable operator may accept payments from stations which would be considered distant signals under the cable compulsory copyright license, 17 U.S.C. 111 , as indemnification for any increased copyright liability resulting from carriage of such signal. Note: A cable operator may continue to accept monetary payment or other valuable consideration in exchange for carriage or channel positioning of the signal of any local commercial television station carried in fulfillment of the must-carry requirements, through, but not beyond, the date of expiration of an agreement between a cable operator and a local commercial television station entered into prior to June 26, 1990. ( c ) A cable operator may accept payments from stations pursuant to a retransmission consent agreement, even if such station will be counted towards the must-carry complement, as long as all other applicable rules are adhered to. [ 58 FR 17362 , Apr. 2, 1993, as amended at 59 FR 62345 , Dec. 5, 1994] § 76.61 Disputes concerning carriage. ( a ) Complaints regarding carriage of local commercial television stations. ( 1 ) Whenever a local commercial television station or a qualified low power television station believes that a cable operator has failed to meet its carriage or channel positioning obligations, pursuant to §§ 76.56 and 76.57 , such station shall notify the operator, in writing, of the alleged failure and identify its reasons for believing that the cable operator is obligated to carry the signal of such station or position such signal on a particular channel. ( 2 ) The cable operator shall, within 30 days of receipt of such written notification, respond in writing to such notification and either commence to carry the signal of such station in accordance with the terms requested or state its reasons for believing that it is not obligated to carry such signal or is in compliance with the channel positioning and repositioning and other requirements of the must-carry rules. If a refusal for carriage is based on the station's distance from the cable system's principal headend, the operator's response shall include the location of such headend. If a cable operator denies carriage on the basis of the failure of the station to deliver a good quality signal at the cable system's principal headend, the cable operator must provide a list of equipment used to make the measurements, the point of measurement and a list and detailed description of the reception and over-the-air signal processing equipment used, including sketches such as block diagrams and a description of the methodology used for processing the signal at issue, in its response. ( 3 ) A local commercial television station or qualified low power television station that is denied carriage or channel positioning or repositioning in accordance with the must-carry rules by a cable operator may file a complaint with the Commission in accordance with the procedures set forth in § 76.7 of this part . In addition to the requirements of § 76.7 of this part , such complaint shall specifically: ( i ) Allege the manner in which such cable operator has failed to meet its obligations and the basis for such allegations. ( ii ) Be accompanied by the notice from the complainant to the cable television system operator, and the cable television system operator's response, if any. If no timely response was received, the complaint shall so state. ( iii ) Establish the complaint is being filed within the sixty-day deadline stated in paragraph (a)(5) of this section. ( 4 ) If the Commission determines that a cable operator has failed to meet its must-carry obligations, the Commission shall order that, within 45 days of such order or such other time period as the Commission may specify, the cable operator reposition the complaining station or, in the case of an obligation to carry a station, commence or resume carriage of the station and continue such carriage for at least 12 months. If the Commission determines that the cable operator has fully met the must-carry requirements, it shall dismiss the complaint. ( 5 ) No must-carry complaint filed pursuant to paragraph (a) of this section will be accepted by the Commission if filed more than sixty (60) days after— ( i ) The denial by a cable television system operator of request for carriage or channel position contained in the notice required by paragraph (a)(1) of this section, or ( ii ) The failure to respond to such notice within the time period allowed by paragraph (a)(2) of this section. ( b ) Complaints regarding carriage of qualified local NCE television stations. ( 1 ) Whenever a qualified local NCE television station believes that a cable operator has failed to comply with the signal carriage or channel positioning requirements, pursuant to §§ 76.56 through 76.57 of this part , the station may file a complaint with the Commission in accordance with the procedures set forth in § 76.7 of this part . In addition to the requirements of § 76.7 of this part , such complaint shall specifically: ( i ) Allege the manner in which such cable operator has failed to comply with such requirements and state the basis for such allegations. ( ii ) Be accompanied by any relevant correspondence between the complainant and the cable television system operator. ( 2 ) If the Commission determines that a cable operator has failed to meet its must-carry obligations, the Commission shall order that, within 45 days of such order or such other period as the Commission may specify, the cable operator reposition the complaining station or, in the case of an obligation to carry a station, commence or resume carriage of the station and continue such carriage for a period of time the Commission deems appropriate for the specific case under consideration. If the Commission determines that the cable operator has fully met the must-carry requirements, it shall dismiss the complaint. ( 3 ) With respect to must-carry complaints filed pursuant to paragraph (b) of this section, such complaints may be filed at any time the complainant believes that the cable television system operator has failed to comply with the applicable provisions of subpart D of this part . [ 58 FR 17362 , Apr. 2, 1993, as amended at 64 FR 6572 , Feb. 10, 1999] § 76.62 Manner of carriage. ( a ) Cable operators shall carry the entirety of the program schedule of any television station (including low power television stations) carried by the system unless carriage of specific programming is prohibited, and other programming authorized to be substituted, under § 76.67 or subpart F of part 76, or unless carriage is pursuant to a valid retransmission consent agreement for the entire signal or any portion thereof as provided in § 76.64 . ( b ) Each digital television broadcast signal carried shall be carried without material degradation. Each analog television broadcast signal carried shall be carried without material degradation and in compliance with technical standards set forth in subpart K of this part . ( c ) Each local commercial television station whose signal is carried shall, to the extent technically feasible and consistent with good engineering practice, be provided no less than the same quality of signal processing and carriage provided for carriage of any other type of standard television signal. ( d ) Each qualified local noncommercial educational television station whose signal is carried shall be provided with bandwidth and technical capacity equivalent to that provided to commercial television broadcast stations carried. ( e ) Each commercial broadcast television station carried pursuant to § 76.56 shall include in its entirety the primary video, accompanying audio, and closed captioning data contained in line 21 of the vertical blanking interval and, to the extent technically feasible, program-related material carried in the vertical blanking interval or on subcarriers. Where appropriate and feasible, operators may delete signal enhancements, such as ghost-canceling, from the broadcast signal and employ such enhancements at the system headend or headends. ( f ) Each qualified local NCE television station carried pursuant to § 76.56 shall include in its entirety the primary video, accompanying audio, and closed captioning data contained in line 21 of the vertical blanking interval and, to the extent technically feasible, program-related material carried in the vertical blanking interval or on subcarriers, that may be necessary for receipt of programming by handicapped persons or for educational or language purposes. ( g ) With respect to carriage of digital signals, operators are not required to carry ancillary or supplementary transmissions or non-program related video material. ( h ) If a digital television broadcast signal is carried in accordance with § 76.62(b) and either (c) or (d), the carriage of that signal in additional formats does not constitute material degradation. [ 58 FR 17362 , Apr. 2, 1993, as amended at 59 FR 62345 , Dec. 5, 1994; 66 FR 16553 , Mar. 26, 2001; 73 FR 6054 , Feb. 1, 2008] § 76.64 Retransmission consent. ( a ) No multichannel video programming distributor shall retransmit the signal of any commercial broadcasting station without the express authority of the originating station, except as provided in paragraph (b) of this section. ( b ) A commercial broadcast signal may be retransmitted without express authority of the originating station if— ( 1 ) The distributor is a cable system and the signal is that of a commercial television station (including a low-power television station) that is being carried pursuant to the Commission's must-carry rules set forth in § 76.56 ; ( 2 ) The multichannel video programming distributor obtains the signal of a superstation that is distributed by a satellite carrier and the originating station was a superstation on May 1, 1991, and the distribution is made only to areas outside the local market of the originating station; or ( 3 ) The distributor is a satellite carrier and the signal is transmitted directly to a home satellite antenna, provided that: ( i ) The broadcast station is not owned or operated by, or affiliated with, a broadcasting network and its signal was retransmitted by a satellite carrier on May 1, 1991, or ( ii ) The broadcast station is owned or operated by, or affiliated with a broadcasting network, and the household receiving the signal is an unserved household. This paragraph shall terminate at midnight on December 31, 2019, provided that if Congress further extends this date, the rules remain in effect until the statutory authorization expires. ( c ) For purposes of this section, the following definitions apply: ( 1 ) A satellite carrier is an entity that uses the facilities of a satellite or satellite service licensed by the Federal Communications Commission, to establish and operate a channel of communications for point-to-multipoint distribution of television station signals, and that owns or leases a capacity or service on a satellite in order to provide such point-to-multipoint distribution, except to the extent that such entity provides such distribution pursuant to tariff under the Communications Act of 1934, other than for private home viewing; ( 2 ) A superstation is a television broadcast station other than a network station, licensed by the Federal Communications Commission that is secondarily transmitted by a satellite carrier; ( 3 ) An unserved household with respect to a television network is a household that ( i ) Cannot receive, through the use of a conventional outdoor rooftop receiving antenna, an over-the-air signal of grade B intensity of a primary network station affiliated with that network, and ( ii ) Has not, within 90 days before the date on which that household subscribes, either initially or on renewal, received secondary transmissions by a satellite carrier of a network station affiliated with that network, subscribed to a cable system that provides the signal of a primary network station affiliated with the network. ( 4 ) A primary network station is a network station that broadcasts or rebroadcasts the basic programming service of a particular national network; ( 5 ) The terms “network station,” and “secondary transmission” have the meanings given them in 17 U.S.C. 111(f) . ( d ) A multichannel video program distributor is an entity such as, but not limited to, a cable operator, a BRS/EBS provider, a direct broadcast satellite service, a television receive-only satellite program distributor, or a satellite master antenna television system operator, that makes available for purchase, by subscribers or customers, multiple channels of video programming. ( e ) The retransmission consent requirements of this section are not applicable to broadcast signals received by master antenna television facilities or by direct over-the-air reception in conjunction with the provision of service by a multichannel video program distributor provided that the multichannel video program distributor makes reception of such signals available without charge and at the subscribers option and provided further that the antenna facility used for the reception of such signals is either owned by the subscriber or the building owner; or under the control and available for purchase by the subscriber or the building owner upon termination of service. ( f ) Commercial television stations are required to make elections between retransmission consent and must-carry status according to the following schedule: ( 1 ) The initial election must be made by June 17, 1993. ( 2 ) Subsequent elections must be made at three year intervals; the second election must be made by October 1, 1996 and will take effect on January 1, 1997; the third election must be made by October 1, 1999 and will take effect on January 1, 2000, etc. ( 3 ) Television stations that fail to make an election by the specified deadline will be deemed to have elected must carry status for the relevant three-year period. ( 4 ) New television stations and stations that return their analog spectrum allocation and broadcast in digital only shall make their initial election any time between 60 days prior to commencing broadcast and 30 days after commencing broadcast or commencing broadcasting in digital only; such initial election shall take effect 90 days after it is made. ( 5 ) Television broadcast stations that become eligible for must carry status with respect to a cable system or systems due to a change in the market definition may, within 30 days of the effective date of the new definition, elect must-carry status with respect to such system or systems. Such elections shall take effect 90 days after they are made. ( g ) If one or more franchise areas served by a cable system overlaps with one or more franchise areas served by another cable system, television broadcast stations are required to make the same election for both cable systems. ( h ) ( 1 ) On or before each must carry/retransmission consent election deadline, each television broadcast station shall place a copy of its election statement, and copies of any election change notices applying to the upcoming carriage cycle, in the station's public file if the station is required to maintain a public file. ( 2 ) Each cable operator shall, no later than July 31, 2020, provide an up-to-date email address for carriage election notice submissions with respect to its systems and an up-to-date phone number for carriage-related questions. Each cable operator is responsible for the continuing accuracy and completeness of the information furnished. It must respond to questions from broadcasters as soon as is reasonably possible. ( 3 ) A station shall send a notice of its election to a cable operator only if changing its election with respect to one or more of that operator's systems. Such notice shall be sent to the email address provided by the cable system and carbon copied to ElectionNotices@FCC.gov . A notice must include, with respect to each station referenced in the notice, the: ( i ) Call sign; ( ii ) Community of license; ( iii ) DMA where the station is located; ( iv ) Specific change being made in election status; ( v ) Email address for carriage-related questions; ( vi ) Phone number for carriage-related questions; ( vii ) Name of the appropriate station contact person; and, ( viii ) If the station changes its election for some systems of the cable operator but not all, the specific cable systems for which a carriage election applies. ( 4 ) Cable operators must respond via email as soon as is reasonably possible, acknowledging receipt of a television station's election notice. ( 5 ) Low power television stations and non-commercial educational translator stations that are qualified under § 76.55 and retransmitted by a multichannel video programming distributor shall, beginning no later than July 31, 2020, respond as soon as is reasonably possible to messages or calls from multichannel video programming distributors that are received via the email address or phone number the station provides in the Commission's Licensing and Management System. ( i ) Notwithstanding a television station's election of must-carry status, if a cable operator proposes to retransmit that station's signal without according the station must-carry rights ( i.e., pursuant to § 76.56(e) ), the operator must obtain the station's express authority prior to retransmitting its signal. ( j ) Retransmission consent agreements between a broadcast station and a multichannel video programming distributor shall be in writing and shall specify the extent of the consent being granted, whether for the entire signal or any portion of the signal. This rule applies for either the analog or the digital signal of a television station. ( k ) A cable system commencing new operation is required to notify all local commercial and noncommercial broadcast stations of its intent to commence service. The cable operator must send such notification, by certified mail except as provided in this paragraph (k) , at least 60 days prior to commencing cable service. After July 31, 2020, the cable operator must send such notification by electronic delivery in accordance with § 76.1600 . Commercial broadcast stations must notify the cable system within 30 days of the receipt of such notice of their election for either must-carry or retransmission consent with respect to such new cable system. If the commercial broadcast station elects must-carry, it must also indicate its channel position in its election statement to the cable system. Such election shall remain valid for the remainder of any three-year election interval, as established in paragraph (f)(2) of this section. Noncommercial educational broadcast stations should notify the cable operator of their request for carriage and their channel position. The new cable system must notify each station if its signal quality does not meet the standards for carriage and if any copyright liability would be incurred for the carriage of such signal. Pursuant to § 76.57(e) , a commercial broadcast station which fails to respond to such a notice shall be deemed to be a must-carry station for the remainder of the current three-year election period. ( l ) Exclusive retransmission consent agreements are prohibited. No television broadcast station shall make or negotiate any agreement with one multichannel video programming distributor for carriage to the exclusion of other multichannel video programming distributors. ( m ) A multichannel video programming distributor providing an all-band FM radio broadcast service (a service that does not involve the individual processing of specific broadcast signals) shall obtain retransmission consents from all FM radio broadcast stations that are included on the service that have transmitters located within 92 kilometers (57 miles) of the receiving antenna for such service. Stations outside of this 92 kilometer (57 miles) radius shall be presumed not to be carried in an all-band reception mode but may affirmatively assert retransmission consent rights by providing 30 days advance notice to the distributor. Note 1 to § 76.64 : Section 76.1608 provides notification requirements for a cable system that changes its technical configuration in such a way as to integrate two formerly separate cable systems. [ 58 FR 17363 , Apr. 2, 1993, as amended at 59 FR 62345 , Dec. 5, 1994; 65 FR 15575 , Mar. 23, 2000; 65 FR 53615 , Sept. 5, 2000; 66 FR 16553 , Mar. 26, 2001; 67 FR 17015 , Apr. 9, 2002; 69 FR 72045 , Dec. 10, 2004; 70 FR 40224 , July 13, 2005; 74 FR 69286 , Dec. 31, 2009; 80 FR 11330 , Mar. 3, 2015; 83 FR 7626 , Feb. 22, 2018; 84 FR 45669 , Aug. 30, 2019; 85 FR 16005 , Mar. 19, 2020; 85 FR 22651 , Apr. 23, 2020; 85 FR 44217 , July 22, 2020; 86 FR 26186 , May 13, 2021] § 76.65 Good faith and exclusive retransmission consent complaints. ( a ) Duty to negotiate in good faith. Television broadcast stations and multichannel video programming distributors shall negotiate in good faith the terms and conditions of retransmission consent agreements to fulfill the duties established by section 325(b)(3)(C) of the Act; provided, however, that it shall not be a failure to negotiate in good faith if: ( 1 ) The television broadcast station proposes or enters into retransmission consent agreements containing different terms and conditions, including price terms, with different multichannel video programming distributors if such different terms and conditions are based on competitive marketplace considerations; or ( 2 ) The multichannel video programming distributor enters into retransmission consent agreements containing different terms and conditions, including price terms, with different broadcast stations if such different terms and conditions are based on competitive marketplace considerations. If a television broadcast station or multichannel video programming distributor negotiates in accordance with the rules and procedures set forth in this section, failure to reach an agreement is not an indication of a failure to negotiate in good faith. ( b ) Good faith negotiation — ( 1 ) Standards. The following actions or practices violate a broadcast television station's or multichannel video programming distributor's (the “Negotiating Entity”) duty to negotiate retransmission consent agreements in good faith: ( i ) Refusal by a Negotiating Entity to negotiate retransmission consent; ( ii ) Refusal by a Negotiating Entity to designate a representative with authority to make binding representations on retransmission consent; ( iii ) Refusal by a Negotiating Entity to meet and negotiate retransmission consent at reasonable times and locations, or acting in a manner that unreasonably delays retransmission consent negotiations; ( iv ) Refusal by a Negotiating Entity to put forth more than a single, unilateral proposal; ( v ) Failure of a Negotiating Entity to respond to a retransmission consent proposal of the other party, including the reasons for the rejection of any such proposal; ( vi ) Execution by a Negotiating Entity of an agreement with any party, a term or condition of which, requires that such Negotiating Entity not enter into a retransmission consent agreement with any other television broadcast station or multichannel video programming distributor; ( vii ) Refusal by a Negotiating Entity to execute a written retransmission consent agreement that sets forth the full understanding of the television broadcast station and the multichannel video programming distributor; and ( viii ) Coordination of negotiations or negotiation on a joint basis by two or more television broadcast stations in the same local market to grant retransmission consent to a multichannel video programming distributor, unless such stations are directly or indirectly under common de jure control permitted under the regulations of the Commission. ( ix ) The imposition by a television broadcast station of limitations on the ability of a multichannel video programming distributor to carry into the local market of such station a television signal that has been deemed significantly viewed, within the meaning of § 76.54 of this part , or any successor regulation, or any other television broadcast signal such distributor is authorized to carry under 47 U.S.C. 338 , 339 , 340 or 534 , unless such stations are directly or indirectly under common de jure control permitted by the Commission. ( 2 ) Negotiation of retransmission consent between qualified multichannel video programming distributor buying groups and large station groups. ( i ) A multichannel video programming distributor may satisfy its obligation to negotiate in good faith for retransmission consent with a large station group by designating a qualified MVPD buying group to negotiate on its behalf, so long as the qualified MVPD buying group itself negotiates in good faith in accordance with this section. ( ii ) It is a violation of the obligation to negotiate in good faith for a qualified MVPD buying group to disclose the prices, terms, or conditions of an ongoing negotiation or the final terms of a negotiation to a member of the qualified MVPD buying group that is not intending, or is unlikely, to enter into the final terms negotiated by the qualified MVPD buying group. ( iii ) A large station group has an obligation to negotiate in good faith for retransmission consent with a qualified MVPD buying group. ( A ) “Qualified MVPD buying group” means an entity that, with respect to a negotiation with a large station group for retransmission consent— ( 1 ) Negotiates on behalf of two or more multichannel video programming distributors— ( i ) None of which is a multichannel video programming distributor that serves more than 500,000 subscribers nationally; and ( ii ) That do not collectively serve more than 25 percent of all households served by multichannel video programming distributors in any single local market in which the applicable large station group operates; and ( 2 ) Negotiates agreements for such retransmission consent— ( i ) That contain standardized contract provisions, including billing structures and technical quality standards, for each multichannel video programming distributor on behalf of which the entity negotiates; and ( ii ) Under which the entity assumes liability to remit to the applicable large station group all fees received from the multichannel video programming distributors on behalf of which the entity negotiates. ( B ) “Large station group” means a group of television broadcast stations that— ( 1 ) Are directly or indirectly under common de jure control permitted by the regulations of the Commission; ( 2 ) Generally negotiate agreements for retransmission consent under this section as a single entity; and ( 3 ) Include only television broadcast stations that collectively have a national audience reach of more than 20 percent; ( 3 ) Definitions. For purposes of this section and section 76.64 of this subpart , the following definitions apply: ( i ) “Local market” has the meaning given such term in 17 U.S.C. 122(j) ; and ( ii ) “Multichannel video programming distributor” has the meaning given such term in 47 U.S.C. 522 . ( 4 ) Totality of the circumstances. In addition to the standards set forth in paragraphs (b)(1) and (2) of this section, a Negotiating Entity may demonstrate, based on the totality of the circumstances of a particular retransmission consent negotiation, that a television broadcast station or multichannel video programming distributor breached its duty to negotiate in good faith as set forth in paragraph (a) of this section. ( c ) Good faith negotiation and exclusivity complaints. Any television broadcast station or multichannel video programming distributor aggrieved by conduct that it believes constitutes a violation of the regulations set forth in this section or § 76.64(l) may commence an adjudicatory proceeding at the Commission to obtain enforcement of the rules through the filing of a complaint. The complaint shall be filed and responded to in accordance with the procedures specified in § 76.7 . ( d ) Burden of proof. In any complaint proceeding brought under this section, the burden of proof as to the existence of a violation shall be on the complainant. ( e ) Time limit on filing of complaints. Any complaint filed pursuant to this subsection must be filed within one year of the date on which one of the following events occurs: ( 1 ) A complainant enters into a retransmission consent agreement with a television broadcast station or multichannel video programming distributor that the complainant alleges to violate one or more of the rules contained in this subpart; or ( 2 ) A television broadcast station or multichannel video programming distributor engages in retransmission consent negotiations with a complainant that the complainant alleges to violate one or more of the rules contained in this subpart, and such negotiation is unrelated to any existing contract between the complainant and the television broadcast station or multichannel video programming distributor; or ( 3 ) The television broadcast station or multichannel video programming distributor has denied, unreasonably delayed, or failed to acknowledge a request to negotiate retransmission consent in violation of one or more of the rules contained in this subpart. [ 70 FR 40224 , July 13, 2005, as amended at 74 FR 69286 , Dec. 31, 2009; 79 FR 28630 , May 19, 2014; 80 FR 11330 , Mar. 3, 2015; 85 FR 36801 , June 18, 2020; 85 FR 81812 , Dec. 17, 2020; 86 FR 26186 , May 13, 2021] § 76.66 Satellite broadcast signal carriage. ( a ) Definitions — ( 1 ) Satellite carrier. A satellite carrier is an entity that uses the facilities of a satellite or satellite service licensed by the Federal Communications Commission, and operates in the Fixed-Satellite Service under part 25 of title 47 of the Code of Federal Regulations or the Direct Broadcast Satellite Service under part 100 of title 47 of the Code of Federal Regulations , to establish and operate a channel of communications for point-to-multipoint distribution of television station signals, and that owns or leases a capacity or a service on a satellite in order to provide such point-to-multipoint distribution, except to the extent that such entity provides such distribution pursuant to tariff under the Communications Act of 1934, other than for private home viewing. ( 2 ) Secondary transmission. A secondary transmission is the further transmitting of a primary transmission simultaneously with the primary transmission. ( 3 ) Subscriber. A subscriber is a person who receives a secondary transmission service from a satellite carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor. ( 4 ) Television broadcast station. A television broadcast station is an over-the-air commercial or noncommercial television broadcast station licensed by the Commission under subpart E of part 73 of title 47, Code of Federal Regulations , except that such term does not include a low-power or translator television station. ( 5 ) Television network. For purposes of this section, a television network is an entity which offers an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated broadcast stations in 10 or more States. ( 6 ) Local-into-local television service. A satellite carrier is providing local-into-local service when it retransmits a local television station signal back into the local market of that television station for reception by subscribers. ( b ) Signal carriage obligations. ( 1 ) Each satellite carrier providing, under section 122 of title 17, United States Code , secondary transmissions to subscribers located within the local market of a television broadcast station of a primary transmission made by that station, shall carry upon request the signals of all television broadcast stations located within that local market, subject to section 325(b) of title 47, United States Code, and other paragraphs in this section. Satellite carriers are required to carry digital-only stations upon request in markets in which the satellite carrier is providing any local-into-local service pursuant to the statutory copyright license. ( 2 ) A satellite carrier that offers multichannel video programming distribution service in the United States to more than 5,000,000 subscribers shall, no later than December 8, 2005, carry upon request the signal originating as an analog signal of each television broadcast station that is located in a local market in Alaska or Hawaii; and shall, no later than June 8, 2007, carry upon request the signals originating as digital signals of each television broadcast station that is located in a local market in Alaska or Hawaii. Such satellite carrier is not required to carry the signal originating as analog after commencing carriage of digital signals on June 8, 2007. Carriage of signals originating as digital signals of each television broadcast station that is located in a local market in Alaska or Hawaii shall include the entire free over-the-air signal, including multicast and high definition digital signals. ( c ) Election cycle. In television markets where a satellite carrier is providing local-into-local service, a commercial television broadcast station may elect either retransmission consent, pursuant to section 325 of title 47 United States Code , or mandatory carriage, pursuant to section 338, title 47 United States Code. ( 1 ) The first retransmission consent-mandatory carriage election cycle shall be for a four-year period commencing on January 1, 2002 and ending December 31, 2005. ( 2 ) The second retransmission consent-mandatory carriage election cycle, and all cycles thereafter, shall be for a period of three years (e.g. the second election cycle commences on January 1, 2006 and ends at midnight on December 31, 2008). ( 3 ) A commercial television station must notify a satellite carrier, by July 1, 2001, of its retransmission consent-mandatory carriage election for the first election cycle commencing January 1, 2002. ( 4 ) Except as provided in paragraphs (c)(6) , (d)(2) and (d)(3) of this section, local commercial television broadcast stations shall make their retransmission consent-mandatory carriage election by October 1st of the year preceding the new cycle for all election cycles after the first election cycle. ( 5 ) [Reserved] ( 6 ) A commercial television broadcast station located in a local market in Alaska or Hawaii shall make its retransmission consent-mandatory carriage election by October 1, 2005, for carriage of its signal that originates as an analog signal for carriage commencing on December 8, 2005, and by April 1, 2007, for its signal that originates as a digital signal for carriage commencing on June 8, 2007 and ending on December 31, 2008. For analog and digital signal carriage cycles commencing after December 31, 2008, such stations shall follow the election cycle in paragraphs (c)(2) and (4). A noncommercial television broadcast station located in a local market in Alaska or Hawaii must request carriage by October 1, 2005, for carriage of its signal that originates as an analog signal for carriage commencing on December 8, 2005, and by April 1, 2007, for its signal that originates as a digital signal for carriage commencing on June 8, 2007 and ending on December 31, 2008. ( d ) Carriage procedures — ( 1 ) Carriage requests. ( i ) An election for mandatory carriage made by a television broadcast station shall be treated as a request for carriage. For purposes of this paragraph (d) , the term election request includes an election of retransmission consent or mandatory carriage. ( ii ) Each satellite carrier shall, no later than July 31, 2020, provide an up-to-date email address for carriage election notice submissions and an up-to-date phone number for carriage-related questions. Each satellite carrier is responsible for the continuing accuracy and completeness of the information furnished. It must respond to questions from broadcasters as soon as is reasonably possible. ( iii ) A station shall send a notice of its election to a satellite carrier only if changing its election with respect to one or more of the markets served by that carrier. Such notice shall be sent to the email address provided by the satellite carrier and carbon copied to ElectionNotices@FCC.gov . ( iv ) A television station's written notification shall include with respect to each station referenced in the notice, the: ( A ) Call sign; ( B ) Community of license; ( C ) DMA where the station is located; ( D ) Specific change being made in election status; ( E ) Email address for carriage-related questions; ( F ) Phone number for carriage-related questions; and ( G ) Name of the appropriate station contact person. ( v ) A satellite carrier must respond via email as soon as is reasonably possible, acknowledging receipt of a television station's election notice. ( vi ) Within 30 days of receiving a television station's carriage request, and subject to paragraph (d)(2)(ii) of this section, a satellite carrier shall notify in writing: ( A ) Those local television stations it will not carry, along with the reasons for such a decision; and ( B ) Those local television stations it intends to carry. ( vii ) A satellite carrier is not required to carry a television station, for the duration of the election cycle, if the station fails to assert its carriage rights by the deadlines established in this section. ( 2 ) New local-into-local service. ( i ) A new satellite carrier or a satellite carrier providing local service in a market for the first time after July 1, 2001, shall inform each television broadcast station licensee within any local market in which a satellite carrier proposes to commence carriage of signals of stations from that market, not later than 60 days prior to the commencement of such carriage ( A ) Of the carrier's intention to launch local-into-local service under this section in a local market, the identity of that local market, and the location of the carrier's proposed local receive facility for that local market; ( B ) Of the right of such licensee to elect carriage under this section or grant retransmission consent under section 325(b); ( C ) That such licensee has 30 days from the date of the receipt of such notice to make such election; and ( D ) That failure to make such election will result in the loss of the right to demand carriage under this section for the remainder of the 3-year cycle of carriage under section 325. ( ii ) Except as provided in this paragraph (d)(2)(ii) , satellite carriers shall transmit the notices required by paragraph (d)(2)(i) of this section via certified mail to the address for such television station licensee listed in the consolidated database system maintained by the Commission. After July 31, 2020, the written notices required by paragraphs (d)(1)(vi) , (d)(2)(i) , (v) , and (vi) , (d)(3)(iv) , (d)(5)(i) , (f)(3) and (4) , and (h)(5) of this section shall be delivered electronically via email to the email address for carriage-related questions that the station lists in its public file in accordance with §§ 73.3526 and 73.3527 of this title . ( iii ) A satellite carrier with more than five million subscribers shall provide the notice as required by paragraphs (d)(2)(i) and (ii) of this section to each television broadcast station located in a local market in Alaska or Hawaii, not later than March 1, 2007 with respect to carriage of digital signals; provided, further, that the notice shall also describe the carriage requirements pursuant to 47 U.S.C. 338(a)(4) , and paragraph (b)(2) of this section. ( iv ) A satellite carrier shall commence carriage of a local station by the later of 90 days from receipt of an election of mandatory carriage or upon commencing local-into-local service in the new television market. ( v ) Within 30 days of receiving a local television station's election of mandatory carriage in a new television market, a satellite carrier shall notify in writing those local television stations it will not carry, along with the reasons for such decision, and those local television stations it intends to carry. After July 31, 2020, the written notices required by this paragraph (d)(2)(v) shall be delivered to stations electronically in accordance with paragraph (d)(2)(ii) of this section. ( vi ) Satellite carriers shall notify all local stations in a market of their intent to launch HD carry-one, carry-all in that market at least 60 days before commencing such carriage. After July 31, 2020, the written notices required by this paragraph (d)(2)(vi) shall be delivered to stations electronically in accordance with paragraph (d)(2)(ii) of this section. ( 3 ) New television stations. ( i ) A television station providing over-the-air service in a market for the first time on or after July 1, 2001, shall be considered a new television station for satellite carriage purposes. ( ii ) A new television station shall make its election request, in writing, sent to the satellite carrier's email address provided by the satellite carrier and carbon copied to ElectionNotices@FCC.gov , between 60 days prior to commencing broadcasting and 30 days after commencing broadcasting. This written notification shall include the information required by paragraph (d)(1)(iv) of this section. ( iii ) A satellite carrier shall commence carriage within 90 days of receiving the request for carriage from the television broadcast station or whenever the new television station provides over-the-air service. ( iv ) Within 30 days of receiving a new television station's election of mandatory carriage, a satellite carrier shall notify the station in writing that it will not carry the station, along with the reasons for such decision, or that it intends to carry the station. After July 31, 2020, the written notices required by this paragraph (d)(3)(iv) shall be delivered to stations electronically in accordance with paragraph (d)(2)(ii) of this section. ( 4 ) Television broadcast stations must send election requests as provided in paragraphs (d)(1) , (2) , and (3) of this section on or before the relevant deadline. ( 5 ) Elections in markets in which significantly viewed signals are carried. ( i ) Beginning with the election cycle described in paragraph (c)(2) of this section, the retransmission of significantly viewed signals pursuant to § 76.54 by a satellite carrier that provides local-into-local service is subject to providing the notifications to stations in the market pursuant to paragraphs (d)(5)(i)(A) and (B) of this section, unless the satellite carrier was retransmitting such signals as of the date these notifications were due. After July 31, 2020, the written notices required by this paragraph (d)(5)(i) shall be delivered to stations electronically in accordance with paragraph (d)(2)(ii) of this section. ( A ) In any local market in which a satellite carrier provided local-into-local service on December 8, 2004, at least 60 days prior to any date on which a station must make an election under paragraph (c) of this section, identify each affiliate of the same television network that the carrier reserves the right to retransmit into that station's local market during the next election cycle and the communities into which the satellite carrier reserves the right to make such retransmissions; ( B ) In any local market in which a satellite carrier commences local-into-local service after December 8, 2004, at least 60 days prior to the commencement of service in that market, and thereafter at least 60 days prior to any date on which the station must thereafter make an election under § 76.66(c) or (d)(2) , identify each affiliate of the same television network that the carrier reserves the right to retransmit into that station's local market during the next election cycle. ( ii ) A television broadcast station located in a market in which a satellite carrier provides local-into-local television service may elect either retransmission consent or mandatory carriage for each county within the station's local market if the satellite carrier provided notice to the station, pursuant to paragraph (d)(5)(i) of this section, that it intends to carry during the next election cycle, or has been carrying on the date notification was due, in the station's local market another affiliate of the same network as a significantly viewed signal pursuant to § 76.54 . ( iii ) A television broadcast station that elects mandatory carriage for one or more counties in its market and elects retransmission consent for one or more other counties in its market pursuant to paragraph (d)(5)(ii) of this section shall conduct a unified negotiation for the entire portion of its local market for which retransmission consent is elected. ( iv ) A television broadcast station that receives a notification from a satellite carrier pursuant to paragraph (d)(5)(i) of this section with respect to an upcoming election cycle may choose either retransmission consent or mandatory carriage for any portion of the 3-year election cycle that is not covered by an existing retransmission consent agreement. ( 6 ) Carriage after a market modification. Television broadcast stations that become eligible for mandatory carriage with respect to a satellite carrier (pursuant to § 76.66 ) due to a change in the market definition (by operation of a market modification pursuant to § 76.59 ) may, within 30 days of the effective date of the new definition, elect retransmission consent or mandatory carriage with respect to such carrier. A satellite carrier shall commence carriage within 90 days of receiving the carriage election from the television broadcast station. The election must be made in accordance with the requirements in paragraph (d)(1) of this section. ( e ) Market definitions. ( 1 ) A local market, in the case of both commercial and noncommercial television broadcast stations, is the designated market area in which a station is located, unless such market is amended pursuant to § 76.59 , and ( i ) In the case of a commercial television broadcast station, all commercial television broadcast stations licensed to a community within the same designated market area within the same local market; and ( ii ) In the case of a noncommercial educational television broadcast station, the market includes any station that is licensed to a community within the same designated market area as the noncommercial educational television broadcast station. ( 2 ) A designated market area is the market area, as determined by Nielsen Media Research and published in the 1999-2000 Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates, the October 2021 Nielsen Local TV Station Information Report, or any successor publication. In the case of areas outside of any designated market area, any census area, borough, or other area in the State of Alaska that is outside of a designated market area, as determined by Nielsen Media Research, shall be deemed to be part of one of the local markets in the State of Alaska. ( 3 ) A satellite carrier shall use the October 2021 Nielsen Local TV Station Information for the retransmission consent-mandatory carriage election cycle commencing on January 1, 2024, and ending on December 31, 2026. The October 2024 Nielsen Local TV Station Information Report shall be used for the retransmission consent-mandatory carriage election cycle commencing January 1, 2027, and ending December 31, 2029, and so forth using the publications for the October two years prior to each triennial election pursuant to this section. Provided, however, that a county deleted from a market by Nielsen need not be subtracted from a market in which a satellite carrier provides local-into-local service, if that county is assigned to that market in the 1999-2000 Nielsen Station Index Directory or any subsequent issue of that publication, or the Local TV Station Information Report commencing with October 2021, and every three years thereafter ( i.e., October 2024, October 2027, etc.). A satellite carrier may determine which local market in the State of Alaska will be deemed to be the relevant local market in connection with each subscriber in an area in the State of Alaska that is outside of a designated market, as described in paragraph (e)(2) of this section. ( 4 ) A local market includes all counties to which stations assigned to that market are licensed. ( f ) Receive facilities. ( 1 ) A local receive facility is the reception point in each local market which a satellite carrier designates for delivery of the signal of the station for purposes of retransmission. ( 2 ) A satellite carrier may establish another receive facility to serve a market if the location of such a facility is acceptable to at least one-half the stations with carriage rights in that market. ( 3 ) Except as provided in paragraph (d)(2) of this section, a satellite carrier providing local-into-local service must notify local television stations of the location of the receive facility by June 1, 2001 for the first election cycle and at least 120 days prior to the commencement of all election cycles thereafter. After July 31, 2020, the written notices required by this paragraph (f)(3) shall be delivered to stations electronically in accordance with paragraph (d)(2)(ii) of this section. ( 4 ) A satellite carrier may relocate its local receive facility at the commencement of each election cycle. A satellite carrier is also permitted to relocate its local receive facility during the course of an election cycle, if it bears the signal delivery costs of the television stations affected by such a move. A satellite carrier relocating its local receive facility must provide 60 days notice to all local television stations carried in the affected television market. After July 31, 2020, the written notices required by this paragraph (f)(4) shall be delivered to stations electronically in accordance with paragraph (d)(2)(ii) of this section. ( g ) Good quality signal. ( 1 ) A television station asserting its right to carriage shall be required to bear the costs associated with delivering a good quality signal to the designated local receive facility of the satellite carrier or to another facility that is acceptable to at least one-half the stations asserting the right to carriage in the local market. ( 2 ) To be considered a good quality signal for satellite carriage purposes, a television station shall deliver to the local receive facility of a satellite carrier either a signal level of −45dBm for UHF signals or −49dBm for VHF signals at the input terminals of the signal processing equipment. ( 3 ) A satellite carrier is not required to carry a television station that does not agree to be responsible for the costs of delivering a good quality signal to the receive facility. ( h ) Duplicating signals. ( 1 ) A satellite carrier shall not be required to carry upon request the signal of any local television broadcast station that substantially duplicates the signal of another local television broadcast station which is secondarily transmitted by the satellite carrier within the same local market, or the signals of more than one local commercial television broadcast station in a single local market that is affiliated with a particular television network unless such stations are licensed to communities in different States. ( 2 ) A satellite carrier may select which duplicating signal in a market it shall carry. ( 3 ) A satellite carrier may select which network affiliate in a market it shall carry. ( 4 ) A satellite carrier is permitted to drop a local television station whenever that station meets the substantial duplication criteria set forth in this paragraph. A satellite carrier must add a television station to its channel line-up if such station no longer duplicates the programming of another local television station. ( 5 ) A satellite carrier shall provide notice to its subscribers, and to the affected television station, whenever it adds or deletes a station's signal in a particular local market pursuant to this paragraph (h)(5) . After July 31, 2020, the required notice to the affected television station shall be delivered to the station electronically in accordance with paragraph (d)(2)(ii) of this section. ( 6 ) A commercial television station substantially duplicates the programming of another commercial television station if it simultaneously broadcasts the identical programming of another station for more than 50 percent of the broadcast week. ( 7 ) A noncommercial television station substantially duplicates the programming of another noncommercial station if it simultaneously broadcasts the same programming as another noncommercial station for more than 50 percent of prime time, as defined by § 76.5(n) , and more than 50 percent outside of prime time over a three month period, Provided, however, that after three noncommercial television stations are carried, the test of duplication shall be whether more than 50 percent of prime time programming and more than 50 percent outside of prime time programming is duplicative on a non-simultaneous basis. ( i ) Channel positioning. ( 1 ) No satellite carrier shall be required to provide the signal of a local television broadcast station to subscribers in that station's local market on any particular channel number or to provide the signals in any particular order, except that the satellite carrier shall retransmit the signal of the local television broadcast stations to subscribers in the stations' local market on contiguous channels. ( 2 ) The television stations subject to this paragraph include those carried under retransmission consent. ( 3 ) All local television stations carried under mandatory carriage in a particular television market must be offered to subscribers at rates comparable to local television stations carried under retransmission consent in that same market. ( 4 ) Within a market, no satellite carrier shall provide local-into-local service in a manner that requires subscribers to obtain additional equipment at their own expense or for an additional carrier charge in order to obtain one or more local television broadcast signals if such equipment is not required for the receipt of other local television broadcast signals. ( 5 ) All television stations carried under mandatory carriage, in a particular market, shall be presented to subscribers in the same manner as television stations that elected retransmission consent, in that same market, on any navigational device, on-screen program guide, or menu provided by the satellite carrier. ( j ) Manner of carriage. ( 1 ) Each television station carried by a satellite carrier, pursuant to this section, shall include in its entirety the primary video, accompanying audio, and closed captioning data contained in line 21 of the vertical blanking interval and, to the extent technically feasible, program-related material carried in the vertical blanking interval or on subcarriers. For noncommercial educational television stations, a satellite carrier must also carry any program-related material that may be necessary for receipt of programming by persons with disabilities or for educational or language purposes. Secondary audio programming must also be carried. Where appropriate and feasible, satellite carriers may delete signal enhancements, such as ghost-canceling, from the broadcast signal and employ such enhancements at the local receive facility. ( 2 ) A satellite carrier, at its discretion, may carry any ancillary service transmission on the vertical blanking interval or the aural baseband of any television broadcast signal, including, but not limited to, multichannel television sound and teletext. ( k ) Material degradation. ( 1 ) Each local television station whose signal is carried under mandatory carriage shall, to the extent technically feasible and consistent with good engineering practice, be provided with the same quality of signal processing provided to television stations electing retransmission consent, including carriage of HD signals in HD if any local station in the same market is carried in HD. A satellite carrier is permitted to use reasonable digital compression techniques in the carriage of local television stations. ( 2 ) Satellite carriers must provide carriage of local stations' HD signals if any local station in the same market is carried in HD, pursuant to the following schedule: ( i ) In at least 15% of the markets in which they carry any station pursuant to the statutory copyright license in HD by February 17, 2010; ( ii ) In at least 30% of the markets in which they carry any station pursuant to the statutory copyright license in HD no later than February 17, 2011; ( iii ) In at least 60% of the markets in which they carry any station pursuant to the statutory copyright license in HD no later than February 17, 2012; and ( iv ) In 100% of the markets in which they carry any station pursuant to the statutory copyright license in HD by February 17, 2013. ( l ) Compensation for carriage. ( 1 ) A satellite carrier shall not accept or request monetary payment or other valuable consideration in exchange either for carriage of local television broadcast stations in fulfillment of the mandatory carriage requirements of this section or for channel positioning rights provided to such stations under this section, except that any such station may be required to bear the costs associated with delivering a good quality signal to the receive facility of the satellite carrier. ( 2 ) A satellite carrier may accept payments from a station pursuant to a retransmission consent agreement. ( m ) Remedies. ( 1 ) Whenever a local television broadcast station believes that a satellite carrier has failed to meet its obligations under this section, such station shall notify the carrier, in writing, of the alleged failure and identify its reasons for believing that the satellite carrier failed to comply with such obligations. ( 2 ) The satellite carrier shall, within 30 days after such written notification, respond in writing to such notification and comply with such obligations or state its reasons for believing that it is in compliance with such obligations. ( 3 ) A local television broadcast station that disputes a response by a satellite carrier that it is in compliance with such obligations may obtain review of such denial or response by filing a complaint with the Commission, in accordance with § 76.7 of title 47, Code of Federal Regulations . Such complaint shall allege the manner in which such satellite carrier has failed to meet its obligations and the basis for such allegations. ( 4 ) The satellite carrier against which a complaint is filed is permitted to present data and arguments to establish that there has been no failure to meet its obligations under this section. ( 5 ) The Commission shall determine whether the satellite carrier has met its obligations under this section. If the Commission determines that the satellite carrier has failed to meet such obligations, the Commission shall order the satellite carrier to take appropriate remedial action. If the Commission determines that the satellite carrier has fully met the requirements of this section, it shall dismiss the complaint. ( 6 ) The Commission will not accept any complaint filed later than 60 days after a satellite carrier, either implicitly or explicitly, denies a television station's carriage request. ( n ) Channel sharing carriage rights. A broadcast television station that voluntarily relinquishes spectrum usage rights under § 73.3700 of this chapter in order to share a television channel and that possessed carriage rights under section 338, 614, or 615 of the Communications Act of 1934 ( 47 U.S.C. 338 ; 534; 535) on November 30, 2010, shall have, at its shared location, the carriage rights under such section that would apply to such station at such location if it were not sharing a channel. ( o ) Next Gen TV carriage rights. ( 1 ) A broadcast television station that chooses to deploy Next Gen TV service, see § 73.682(f) of this chapter , may assert mandatory carriage rights under this section only with respect to its ATSC 1.0 signal and may not assert mandatory carriage rights with respect to its ATSC 3.0 signal. ( 2 ) With respect to a Next Gen TV station that moves its 1.0 simulcast signal to a host station's ( i.e., a station whose facilities are being used to transmit programming originated by another station) facilities, the station may assert mandatory carriage rights under this section only if it: ( i ) Qualified for, and has been exercising, mandatory carriage rights at its original location; and ( ii ) Continues to qualify for mandatory carriage at the host station's facilities, including (but not limited to) delivering a good quality 1.0 signal to the satellite carrier local receive facility, or agreeing to be responsible for the costs of delivering such 1.0 signal to the satellite carrier. [ 66 FR 7430 , Jan. 23, 2001, as amended at 66 FR 49135 , Sept. 26, 2001; 70 FR 21670 , Apr. 27, 2005; 70 FR 51668 , Aug. 31, 2005; 70 FR 53079 , Sept. 7, 2005; 73 FR 24508 , May 5, 2008; 77 FR 30426 , May 23, 2012; 80 FR 59664 , Oct. 2, 2015; 83 FR 5028 , Feb. 2, 2018; 84 FR 45669 , Aug. 30, 2019; 85 FR 16005 , Mar. 20, 2020; 87 FR 74988 , Dec. 7, 2022; 88 FR 62472 , Sept. 12, 2023] § 76.70 Exemption from input selector switch rules. ( a ) In any case of cable systems serving communities where no portion of the community is covered by the predicted Grade B contour of at least one full service broadcast television station, or non-commercial educational television translator station operating with 5 or more watts output power and where the signals of no such broadcast stations are “significantly viewed” in the county where such a cable system is located, the cable system shall be exempt from the provisions of § 76.66 . Cable systems may be eligible for this exemption where they demonstrate with engineering studies prepared in accordance with § 73.686 of this chapter or other showings that broadcast signals meeting the above criteria are not actually viewable within the community. ( b ) Where a new full service broadcast television station, or new non-commercial educational television translator station with 5 or more watts, or an existing such station of either type with newly upgraded facilities provides predicted Grade B service to a community served by a cable system previously exempt under paragraph (a) of this section, or the signal of any such broadcast station is newly determined to be “significantly viewed” in the county where such a cable system is located, the cable system at that time is required to comply fully with the provisions of § 76.66 . Cable systems may retain their exemption under paragraph (a) of this section where they demonstrate with engineering studies prepared in accordance with § 73.686 of this chapter or other showings that broadcast signals meeting the above criteria are not actually viewable within the community. [ 54 FR 25716 , June 19, 1989] Subpart E—Equal Employment Opportunity Requirements Source: 50 FR 40855 , Oct. 7, 1985, unless otherwise noted. § 76.71 Scope of application. ( a ) The provisions of this subpart shall apply to any corporation, partnership, association, joint-stock company, or trust engaged primarily in the management or operation of any cable system. Cable entities subject to these provisions include those systems defined in § 76.5(a) , all satellite master antenna television systems serving 50 or more subscribers, and any multichannel video programming distributor. For purposes of the provisions of this subpart, a multichannel video programming distributor is an entity such as, but not limited to, a cable operator, a BRS/EBS provider, a direct broadcast satellite service, a television receive-only satellite program distributor, or a video dialtone program service provider, who makes available for purchase, by subscribers or customers, multiple channels of video programming, whether or not a licensee. Multichannel video programming distributors do not include any entity which lacks control over the video programming distributed. For purposes of this subpart, an entity has control over the video programming it distributes, if it selects video programming channels or programs and determines how they are presented for sale to consumers. Nothwithstanding the foregoing, the regulations in this subpart are not applicable to the owners or originators (of programs or channels of programming) that distribute six or fewer channels of commonly-owned video programming over a leased transport facility. For purposes of this subpart, programming services are “commonly-owned” if the same entity holds a majority of the stock (or is a general partner) of each program service. ( b ) Employment units. The provisions of this subpart shall apply to cable entities as employment units. Each cable entity may be considered a separate employment unit; however, where two or more cable entities are under common ownership or control and are interrelated in their local management, operation, and utilization of employees, they shall constitute a single employment unit. ( c ) Headquarters office. A multiple cable operator shall treat as a separate employment unit each headquarters office to the extent the work of that office is primarily related to the operation of more than one employment unit as described in paragraph (b) of this section. [ 50 FR 40855 , Oct. 7, 1985, as amended at 58 FR 42250 , Aug. 9, 1993; 69 FR 72045 , Dec. 10, 2004] § 76.73 General EEO policy. ( a ) Equal opportunity in employment shall be afforded by each cable entity to all qualified persons, and no person shall be discriminated against in employment by such entity because of race, color, religion, national origin, age or sex. ( b ) Each employment unit shall establish, maintain, and carry out a positive continuing program of specific practices designed to assure equal opportunity to every aspect of cable system employment policy and practice. Under the terms of its program, an employment unit shall: ( 1 ) Define the responsibility of each level of management to ensure a positive application and vigorous enforcement of its policy of equal opportunity, and establish a procedure to review and control managerial and supervisory performance; ( 2 ) Inform its employees and recognized employee organizations of the positive equal employment opportunity policy and program and enlist their cooperation; ( 3 ) Communicate its equal employment opportunity policy and progam and its employment needs to sources of qualified applicants without regard to race, color, religion, national origin, age or sex, and solicit their recruitment assistance on a continuing basis; ( 4 ) Conduct a continuing program to exclude every form of prejudice or discrimination based upon race, color, religion, national origin, age or sex from its personnel policies and practices and working conditions; and ( 5 ) Conduct a continuing review of job structure and employment practices and adopt positive recruitment, training, job design, and other measures needed to ensure genuine equality of opportunity to participate fully in all organizational units, occupations, and levels of responsibility. § 76.75 Specific EEO program requirements. Under the terms of its program, an employment unit must: ( a ) Disseminate its equal employment opportunity program to job applicants, employees, and those with whom it regularly does business. For example, this requirement may be met by: ( 1 ) Posting notices in the employment unit's office and places of employment informing employees, and applicants for employment, of their equal employment opportunity rights, and their right to notify the Equal Employment Opportunity Commission, the Federal Communications Commission, or other appropriate agency, if they believe they have been discriminated against. Where a significant percentage of employees, employment applicants, or residents of the community of a cable television system of the relevant labor area are Hispanic, such notices should be posted in Spanish and English. Similar use should be made of other languages in such posted equal employment opportunity notices, where appropriate; ( 2 ) Placing a notice in bold type on the employment application informing prospective employees that discrimination because of race, color, religion, national origin, age or sex is prohibited and that they may notify the Equal Employment Opportunity Commission, the Federal Communications Commission, or other appropriate agency if they believe they have been discriminated against. ( b ) Establish, maintain and carry out a positive continuing program of outreach activities designed to ensure equal opportunity and nondiscrimination in employment. The following activities shall be undertaken by each employment unit: ( 1 ) Recruit for every full-time job vacancy in its operation. A job filled by an internal promotion is not considered a vacancy for which recruitment is necessary. Nothing in this section shall be interpreted to require a multichannel video programming distributor to grant preferential treatment to any individual or group based on race, national origin, color, religion, age, or gender. ( i ) An employment unit shall use recruitment sources for each vacancy sufficient in its reasonable, good faith judgment to widely disseminate information concerning the vacancy. ( ii ) In addition to using such recruitment sources, a multichannel video programming distributor employment unit shall provide notification of each full-time vacancy to any organization that distributes information about employment opportunities to job seekers or refers job seekers to employers, upon request by such organization. To be entitled to notice of vacancies, the requesting organization must provide the multichannel video programming distributor employment unit with its name, mailing address, e-mail address (if applicable), telephone number, and contact person, and identify the category or categories of vacancies of which it requests notice. (An organization may request notice of all vacancies). ( 2 ) Engage in at least two (if the unit has more than ten full-time employees and is not located in a smaller market) or one (if the unit has six to ten full-time employees and/or is located, in whole or in part, in a smaller market) of the following initiatives during each twelve-month period preceding the filing of an EEO program annual report: ( i ) Participation in at least two job fairs by unit personnel who have substantial responsibility in the making of hiring decisions; ( ii ) Hosting of at least one job fair; ( iii ) Co-sponsoring at least one job fair with organizations in the business and professional community whose membership includes substantial participation of women and minorities; ( iv ) Participation in at least two events sponsored by organizations representing groups present in the community interested in multichannel video programming distributor employment issues, including conventions, career days, workshops, and similar activities; ( v ) Establishment of an internship program designed to assist members of the community in acquiring skills needed for multichannel video programming distributor employment; ( vi ) Participation in job banks, Internet programs, and other programs designed to promote outreach generally ( i.e., that are not primarily directed to providing notification of specific job vacancies); ( vii ) Participation in a scholarship program designed to assist students interested in pursuing a career in multichannel video programming communications; ( viii ) Establishment of training programs designed to enable unit personnel to acquire skills that could qualify them for higher level positions; ( ix ) Establishment of a mentoring program for unit personnel; ( x ) Participation in at least two events or programs sponsored by educational institutions relating to career opportunities in multichannel video programming communications; ( xi ) Sponsorship of at least one event in the community designed to inform and educate members of the public as to employment opportunities in multichannel video programming communications; ( xii ) Listing of each upper-level category opening in a job bank or newsletter of media trade groups whose membership includes substantial participation of women and minorities; ( xiii ) Provision of assistance to unaffiliated non-profit entities in the maintenance of web sites that provide counseling on the process of searching for multichannel video programming employment and/or other career development assistance pertinent to multichannel video programming communications; ( xiv ) Provision of training to management level personnel as to methods of ensuring equal employment opportunity and preventing discrimination; ( xv ) Provision of training to personnel of unaffiliated non-profit organizations interested in multichannel video programming employment opportunities that would enable them to better refer job candidates for multichannel video programming positions; ( xvi ) Participation in other activities reasonably calculated by the unit to further the goal of disseminating information as to employment opportunities in multichannel video programming to job candidates who might otherwise be unaware of such opportunities. ( c ) Retain records sufficient to document that it has satisfied the requirements of paragraphs (b)(1) and (b)(2) of this section. Such records, which may be maintained in an electronic format, shall be retained for a period of seven years. Such records need not be submitted to the Commission unless specifically requested. The following records shall be maintained: ( 1 ) Listings of all full-time job vacancies filled by the cable employment unit, identified by job title; ( 2 ) For each such vacancy, the recruitment sources utilized to fill the vacancy (including, if applicable, organizations entitled to notification pursuant to paragraph (b)(1)(ii) of this section, which should be separately identified), identified by name, address, contact person, and telephone number; ( 3 ) Dated copies of all advertisements, bulletins, letters, faxes, e-mails, or other communications announcing job vacancies; ( 4 ) Documentation necessary to demonstrate performance of the initiatives required by paragraph (b)(2) of this section, if applicable, including information sufficient to fully disclose the nature of the initiative and the scope of the unit's participation, including the unit personnel involved; ( 5 ) The total number of interviewees for each vacancy and the referral sources for each interviewee; and ( 6 ) The date each vacancy was filled and the recruitment source that referred the hiree. ( d ) Undertake to offer promotions of minorities and women in a non-discriminatory fashion to positions of greater responsibility. For example, this requirement may be met by: ( 1 ) Instructing those who make decisions on placement and promotion that minority employees and females are to be considered without discrimination, and that job areas in which there is little or no minority or female representation should be reviewed to determine whether this results from discrimination; ( 2 ) Giving minority groups and female employees equal opportunity for positions which lead to higher positions. Inquiring as to the interest and skills of all lower paid employees with respect to any of the higher paid positions, followed by assistance, counselling, and effective measures to enable employees with interest and potential to qualify themselves for such positions; ( 3 ) Providing opportunity to perform overtime work on a basis that does not discriminate against qualified minority group or female employees. ( e ) Encourage minority and female entrepreneurs to conduct business with all parts of its operation. For example, this requirement may be met by: ( 1 ) Recruiting as wide as possible a pool of qualified entrepreneurs from sources such as employee referrals, community groups, contractors, associations, and other sources likely to be representative of minority and female interests. ( f ) A multichannel video programming distributor shall analyze its recruitment program on an ongoing basis to ensure that it is effective in achieving broad outreach, and address any problems found as a result of its analysis. ( g ) Analyze on an ongoing basis its efforts to recruit, hire, promote and use services without discrimination on the basis of race, national origin, color, religion, age, or sex and explain any difficulties encountered in implementing its equal employment opportunity program. For example, this requirement may be met by: ( 1 ) Where union agreements exist, cooperating with the union or unions in the development of programs to ensure all persons equal opportunity for employment, and including an effective nondiscrimination clause in new or renegotiated union agreements; ( 2 ) Reviewing seniority practices to ensure that such practices are nondiscriminatory; ( 3 ) Examining rates of pay and fringe benefits for employees having the same duties, and eliminating any inequities based upon race, national origin, color, religion, age, or sex discrimination; ( 4 ) Evaluating the recruitment program to ensure that it is effective in achieving a broad outreach to potential applicants. ( 5 ) Utilizing media for recruitment purposes in a manner that will contain no indication, either explicit or implicit, of a preference for one race, national origin, color, religion, age, or sex over another; and ( 6 ) Avoiding the use of selection techniques or tests that have the effect of discriminating against qualified minority groups or women. ( h ) A full-time employee is a permanent employee whose regular work schedule is 30 hours per week or more. ( i ) The provisions of paragraphs (b)(1)(ii) , (b)(2) , (c) , and (f) of this section shall not apply to multichannel video programming distributor employment units that have fewer than six full-time employees. ( j ) For the purposes of this rule, a smaller market includes metropolitan areas as defined by the Office of Management and Budget with a population of fewer than 250,000 persons and areas outside of all metropolitan areas as defined by the Office of Management and Budget. [ 50 FR 40855 , Oct. 7, 1985, as amended at 65 FR 7457 , Feb. 15, 2000; 68 FR 691 , Jan. 7, 2003] § 76.77 Reporting requirements and enforcement. ( a ) EEO program annual reports. Information concerning a unit's compliance with the EEO recruitment requirements shall be filed by each employment unit with six or more full-time employees on FCC Form 396-C on or before September 30 of each year. If a multichannel video programming distributor acquires a unit during the twelve months covered by the EEO program annual report, the recruitment activity in the report shall cover the period starting with the date the entity acquired the unit. ( b ) Certification of Compliance. The Commission will use the recruitment information submitted on a unit's EEO program annual report to determine whether the unit is in compliance with the provisions of this subpart. Units found to be in compliance with these rules will receive a Certificate of Compliance. Units found not to be in compliance will receive notice that they are not certified for a given year. ( c ) Investigations. The Commission will investigate each unit at least once every five years. Employment units are required to submit supplemental investigation information with their regular EEO program annual reports in the years they are investigated. If an entity acquires a unit during the period covered by the supplemental investigation, the information submitted by the unit as part of the investigation shall cover the period starting with the date the operator acquired the unit. The supplemental investigation information shall include a copy of the unit's EEO public file report for the preceding year. ( d ) Records and inquiries. Employment units subject to this subpart shall maintain records of their recruitment activity in accordance with § 76.75 to demonstrate whether they are in compliance with the EEO rules. Units shall ensure that they maintain records sufficient to verify the accuracy of information provided in their EEO program annual reports and the supplemental investigation responses required by § 76.1702 to be kept in a unit's public file. To determine compliance with the EEO rules, the Commission may conduct inquiries of employment units at random or if the Commission has evidence of a possible violation of the EEO rules. Upon request, employment units shall make records available to the Commission for its review. ( e ) Public complaints. The public may file complaints based on EEO program annual reports, supplemental investigation information, or the contents of a unit's public file. ( f ) Sanctions and remedies. The Commission may issue appropriate sanctions and remedies for any violation of the EEO rules. [ 68 FR 692 , Jan. 7, 2003] § 76.79 Records available for public inspection. A copy of every annual employment report, and any other employment report filed with the Commission, and complaint report that has been filed with the Commission, and copies of all exhibits, letters, and other documents filed as part thereof, all amendments thereto, all correspondence between the cable entity and the Commission pertaining to the reports after they have been filed in all documents incorporated therein by reference, unless specifically exempted from the requirement, are open for public inspection at the offices of the Commission in Washington, DC. Note to § 76.59 : Cable operators must also comply with the public file requirements § 76.1702 . [ 65 FR 7459 , Feb. 15, 2000] Subpart F—Network Non-duplication Protection, Syndicated Exclusivity and Sports Blackout Source: 65 FR 68101 , Nov. 14, 2000, unless otherwise noted. § 76.92 Cable network non-duplication; extent of protection. ( a ) Upon receiving notification pursuant to § 76.94 , a cable community unit located in whole or in part within the geographic zone for a network program, the network non-duplication rights to which are held by a commercial television station licensed by the Commission, shall not carry that program as broadcast by any other television signal, except as otherwise provided below. ( b ) For purposes of this section, the order of nonduplication priority of television signals carried by a community unit is as follows: ( 1 ) First, all television broadcast stations within whose specified zone the community of the community unit is located, in whole or in part; ( 2 ) Second, all smaller market television broadcast stations within whose secondary zone the community of the community unit is located, in whole or in part. ( c ) For purposes of this section, all noncommercial educational television broadcast stations licensed to a community located in whole or in part within a major television market as specified in § 76.51 shall be treated in the same manner as a major market commercial television broadcast station, and all noncommercial educational television broadcast stations not licensed to a community located in whole or in part within a major television market shall be treated in the same manner as a smaller market television broadcast station. ( d ) Any community unit operating in a community to which a 100-watt or higher power translator is located within the predicted Grade B signal contour of the television broadcast station that the translator station retransmits, and which translator is carried by the community unit shall, upon request of such translator station licensee or permittee, delete the duplicating network programming of any television broadcast station whose reference point (See § 76.53 ) is more than 88.5 km (55 miles) from the community of the community unit. ( e ) Any community unit which operates in a community located in whole or in part within the secondary zone of a smaller market television broadcast station is not required to delete the duplicating network programming of any major market television broadcast station whose reference point (See § 76.53 ) is also within 88.5 km (55 miles) of the community of the community unit. ( f ) A community unit is not required to delete the duplicating network programming of any television broadcast station which is significantly viewed in the cable television community pursuant to § 76.54 . ( g ) A community unit is not required to delete the duplicating network programming of any qualified NCE television broadcast station that is carried in fulfillment of the cable television system's mandatory signal carriage obligations, pursuant to § 76.56 . Note: With respect to network programming, the geographic zone within which the television station is entitled to enforce network non-duplication protection and priority of shall be that geographic area agreed upon between the network and the television station. In no event shall such rights exceed the area within which the television station may acquire broadcast territorial exclusivity rights as defined in § 73.658(m) of this Chapter , except that small market television stations shall be entitled to a secondary protection zone of 32.2 additional kilometers (20 additional miles). To the extent rights are obtained for any hyphenated market named in § 76.51 , such rights shall not exceed those permitted under § 73.658(m) of this Chapter for each named community in that market. § 76.93 Parties entitled to network non-duplication protection. Television broadcast station licensees shall be entitled to exercise non-duplication rights pursuant to § 76.92 in accordance with the contractual provisions of the network-affiliate agreement. § 76.94 Notification. ( a ) In order to exercise non-duplication rights pursuant to § 76.92 , television stations shall notify each cable television system operator of the non-duplication sought in accordance with the requirements of this section. Except as otherwise provided in paragraph (b) of this section, non-duplication protection notices shall include the following information: ( 1 ) The name and address of the party requesting non-duplication protection and the television broadcast station holding the non-duplication right; ( 2 ) The name of the program or series (including specific episodes where necessary) for which protection is sought; and ( 3 ) The dates on which protection is to begin and end. ( b ) Broadcasters entering into contracts providing for network non-duplication protection shall notify affected cable systems within 60 calendar days of the signing of such a contract. In the event the broadcaster is unable based on the information contained in the contract, to furnish all the information required by paragraph (a) of this section at that time, the broadcaster must provide modified notices that contain the following information: ( 1 ) The name of the network (or networks) which has (or have) extended non-duplication protection to the broadcaster; ( 2 ) The time periods by time of day (local time) and by network (if more than one) for each day of the week that the broadcaster will be broadcasting programs from that network (or networks) and for which non-duplication protection is requested; and ( 3 ) The duration and extent (e.g., simultaneous, same-day, seven-day, etc.) of the non-duplication protection which has been agreed upon by the network (or networks) and the broadcaster. ( c ) Except as otherwise provided in paragraph (d) of this section, a broadcaster shall be entitled to non-duplication protection beginning on the later of: ( 1 ) The date specified in its notice (as described in paragraphs (a) or (b) of this section, whichever is applicable) to the cable television system; or ( 2 ) The first day of the calendar week (Sunday through Saturday) that begins 60 days after the cable television system receives notice from the broadcaster. ( d ) A broadcaster shall provide the following information to the cable television system under the following circumstances: ( 1 ) In the event the protection specified in the notices described in paragraphs (a) or (b) of this section has been limited or ended prior to the time specified in the notice, or in the event a time period, as identified to the cable system in a notice pursuant to paragraph (b) of this section, for which a broadcaster has obtained protection is shifted to another time of day or another day (but not expanded), the broadcaster shall, as soon as possible, inform each cable television system operator that has previously received the notice of all changes from the original notice. Notice to be furnished “as soon as possible” under this paragraph shall be furnished by telephone, telegraph, facsimile, overnight mail or other similar expedient means. ( 2 ) In the event the protection specified in the modified notices described in paragraph (b) of this section has been expanded, the broadcaster shall, at least 60 calendar days prior to broadcast of a protected program entitled to such expanded protection, notify each cable system operator that has previously received notice of all changes from the original notice. ( e ) In determining which programs must be deleted from a television signal, a cable television system operator may rely on information from any of the following sources published or otherwise made available: ( 1 ) Newspapers or magazines of general circulation. ( 2 ) A television station whose programs may be subject to deletion. If a cable television system asks a television station for information about its program schedule, the television station shall answer the request: ( i ) Within ten business days following the television station's receipt of the request; or ( ii ) Sixty days before the program or programs mentioned in the request for information will be broadcast; whichever comes later. ( 3 ) The broadcaster requesting exclusivity. ( f ) A broadcaster exercising exclusivity pursuant to § 76.92 shall provide to the cable system, upon request, an exact copy of those portions of the contracts, such portions to be signed by both the network and the broadcaster, setting forth in full the provisions pertinent to the duration, nature, and extent of the non-duplication terms concerning broadcast signal exhibition to which the parties have agreed. § 76.95 Exceptions. ( a ) The provisions of §§ 76.92 through 76.94 shall not apply to a cable system serving fewer than 1,000 subscribers. Within 60 days following the provision of service to 1,000 subscribers, the operator of each such system shall file a notice to that effect with the Commission, and serve a copy of that notice on every television station that would be entitled to exercise network non-duplication protection against it. ( b ) Network non-duplication protection need not be extended to a higher priority station for one hour following the scheduled time of completion of the broadcast of a live sports event by that station or by a lower priority station against which a cable community unit would otherwise be required to provide non-duplication protection following the scheduled time of completion. § 76.101 Cable syndicated program exclusivity: extent of protection. Upon receiving notification pursuant to § 76.105 , a cable community unit located in whole or in part within the geographic zone for a syndicated program, the syndicated exclusivity rights to which are held by a commercial television station licensed by the Commission, shall not carry that program as broadcast by any other television signal, except as otherwise provided below. Note: With respect to each syndicated program, the geographic zone within which the television station is entitled to enforce syndicated exclusivity rights shall be that geographic area agreed upon between the non-network program supplier, producer or distributor and the television station. In no event shall such zone exceed the area within which the television station has acquired broadcast territorial exclusivity rights as defined in § 73.658(m) of this Chapter . To the extent rights are obtained for any hyphenated market named in § 76.51 , such rights shall not exceed those permitted under § 73.658(m) of this Chapter for each named community in that market. § 76.103 Parties entitled to syndicated exclusivity. ( a ) Television broadcast station licensees shall be entitled to exercise exclusivity rights pursuant to § 76.101 in accordance with the contractual provisions of their syndicated program license agreements, consistent with § 76.109 . ( b ) Distributors of syndicated programming shall be entitled to exercise exclusive rights pursuant to § 76.101 for a period of one year from the initial broadcast syndication licensing of such programming anywhere in the United States; provided, however, that distributors shall not be entitled to exercise such rights in areas in which the programming has already been licensed. § 76.105 Notification. ( a ) In order to exercise exclusivity rights pursuant to § 76.101 , distributors or television stations shall notify each cable television system operator of the exclusivity sought in accordance with the requirements of this section. Syndicated program exclusivity notices shall include the following information: ( 1 ) The name and address of the party requesting exclusivity and the television broadcast station or other party holding the exclusive right; ( 2 ) The name of the program or series (including specific episodes where necessary) for which exclusivity is sought; ( 3 ) The dates on which exclusivity is to begin and end. ( b ) : Broadcasters entering into contracts which contain syndicated exclusivity protection shall notify affected cable systems within sixty calendar days of the signing of such a contract. A broadcaster shall be entitled to exclusivity protection beginning on the later of: ( 1 ) The date specified in its notice to the cable television system; or ( 2 ) The first day of the calendar week (Sunday through Saturday) that begins 60 days after the cable television system receives notice from the broadcaster; ( c ) In determining which programs must be deleted from a television broadcast signal, a cable television system operator may rely on information from any of the following sources published or otherwise made available. ( 1 ) Newspapers or magazines of general circulation; ( 2 ) A television station whose programs may be subject to deletion. If a cable television system asks a television station for information about its program schedule, the television station shall answer the request: ( i ) Within ten business days following the television station's receipt of the request; or ( ii ) Sixty days before the program or programs mentioned in the request for information will be broadcast; whichever comes later. ( 3 ) The distributor or television station requesting exclusivity. ( d ) In the event the exclusivity specified in paragraph (a) of this section has been limited or has ended prior to the time specified in the notice, the distributor or broadcaster who has supplied the original notice shall, as soon as possible, inform each cable television system operator that has previously received the notice of all changes from the original notice. In the event the original notice specified contingent dates on which exclusivity is to begin and/or end, the distributor or broadcaster shall, as soon as possible, notify the cable television system operator of the occurrence of the relevant contingency. Notice to be furnished “as soon as possible” under this paragraph shall be furnished by telephone, telegraph, facsimile, overnight mail or other similar expedient means. [ 65 FR 68101 , Nov. 14, 2000, as amended at 83 FR 7627 , Feb. 22, 2018] § 76.106 Exceptions. ( a ) Notwithstanding the requirements of §§ 76.101 through 76.105 , a broadcast signal is not required to be deleted from a cable community unit when that cable community unit falls, in whole or in part, within that signal's grade B contour, or when the signal is significantly viewed pursuant to § 76.54 in the cable community. ( b ) The provisions of §§ 76.101 through 76.105 shall not apply to a cable system serving fewer than 1,000 subscribers. Within 60 days following the provision of service to 1,000 subscribers, the operator of each such system shall file a notice to that effect with the Commission, and serve a copy of that notice on every television station that would be entitled to exercise syndicated exclusivity protection against it. § 76.107 Exclusivity contracts. A distributor or television station exercising exclusivity pursuant to § 76.101 shall provide to the cable system, upon request, an exact copy of those portions of the exclusivity contracts, such portions to be signed by both the distributor and the television station, setting forth in full the provisions pertinent to the duration, nature, and extent of the exclusivity terms concerning broadcast signal exhibition to which the parties have agreed. § 76.108 Indemnification contracts. No licensee shall enter into any contract to indemnify a cable system for liability resulting from failure to delete programming in accordance with the provisions of this subpart unless the licensee has a reasonable basis for concluding that such program deletion is not required by this subpart. § 76.109 Requirements for invocation of protection. For a station licensee to be eligible to invoke the provisions of § 76.101 , it must have a contract or other written indicia that it holds syndicated exclusivity rights for the exhibition of the program in question. Contracts entered on or after August 18, 1988, must contain the following words: “the licensee [or substitute name] shall, by the terms of this contract, be entitled to invoke the protection against duplication of programming imported under the Compulsory Copyright License, as provided in § 76.101 of the FCC rules [or ‘as provided in the FCC's syndicated exclusivity rules’].” Contracts entered into prior to August 18, 1988, must contain either the foregoing language or a clear and specific reference to the licensee's authority to exercise exclusivity rights as to the specific programming against cable television broadcast signal carriage by the cable system in question upon the contingency that the government reimposed syndicated exclusivity protection. In the absence of such a specific reference in contracts entered into prior to August 18, 1988, the provisions of these rules may be invoked only if the contract is amended to include the specific language referenced in this section or a specific written acknowledgment is obtained from the party from whom the broadcast exhibition rights were obtained that the existing contract was intended, or should now be construed by agreement of the parties, to include such rights. A general acknowledgment by a supplier of exhibition rights that specific contract language was intended to convey rights under these rules will be accepted with respect to all contracts containing that specific language. Nothing in this section shall be construed as a grant of exclusive rights to a broadcaster where such rights are not agreed to by the parties. § 76.110 Substitutions. Whenever, pursuant to the requirements of the syndicated exclusivity rules, a community unit is required to delete a television program on a broadcast signal that is permitted to be carried under the Commission's rules, such community unit may, consistent with these rules, substitute a program from any other television broadcast station. Programs substituted pursuant to this section may be carried to their completion. [ 65 FR 68101 , Nov. 14, 2000, as amended at 79 FR 63562 , Oct. 24, 2014] § 76.120 Network non-duplication protection and syndicated exclusivity rules for satellite carriers: Definitions. For purposes of §§ 76.122-76.130 , the following definitions apply: ( a ) Satellite carrier. The term “satellite carrier” means an entity that uses the facilities of a satellite or satellite service licensed by the Federal Communications Commission and operates in the Fixed-Satellite Service under part 25 of title 47 of the Code of Federal Regulations or the Direct Broadcast Satellite Service under part 100 of title 47 of the Code of Federal Regulations , to establish and operate a channel of communications for point-to-multipoint distribution of television station signals, and that owns or leases a capacity or service on a satellite in order to provide such point-to-multipoint distribution, except to the extent that such entity provides such distribution pursuant to tariff under the Communications Act of 1934, other than for private home viewing. ( b ) Nationally distributed superstation. The term “nationally distributed superstation” means a television broadcast station, licensed by the Commission, that— ( 1 ) Is not owned or operated by or affiliated with a television network that, as of January 1, 1995, offered interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more States; ( 2 ) On May 1, 1991, was retransmitted by a satellite carrier and was not a network station at that time; and ( 3 ) Was, as of July 1, 1998, retransmitted by a satellite carrier under the statutory license of Section 119 of title 17, United States Code. ( c ) Television network. The term “television network” means a television network in the United States which offers an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated broadcast stations in 10 or more States. ( d ) Network station. The term “network station” means— ( 1 ) A television broadcast station, including any translator station or terrestrial satellite station that rebroadcasts all or substantially all of the programming broadcast by a network station, that is owned or operated by, or affiliated with, one or more of the television networks in the United States which offer an interconnected program service on a regular basis for 15 or more hours per week to at least 25 of its affiliated television licensees in 10 or more States; or ( 2 ) A noncommercial educational broadcast station (as defined in Section 397 of the Communications Act of 1934); except that the term does not include the signal of the Alaska Rural Communications Service, or any successor entity to that service. ( e ) Zone of protection. The term “zone of protection” means— ( 1 ) With respect to network non-duplication, the zone of protection within which the television station is entitled to enforce network non-duplication protection shall be that geographic area agreed upon between the network and the television station. In no event shall such rights exceed the area within which the television station may acquire broadcast territorial exclusivity rights as defined in § 73.658(m) of this Chapter , except that small market television stations shall be entitled to a secondary protection zone of 32.2 additional kilometers (20 additional miles). To the extent rights are obtained for any hyphenated market named in § 76.51 , such rights shall not exceed those permitted under § 73.658(m) of this Chapter for each named community in that market. ( 2 ) With respect to each syndicated program, the zone of protection within which the television station is entitled to enforce syndicated exclusivity rights shall be that geographic area agreed upon between the non-network program supplier, producer or distributor and the television station. In no event shall such zone exceed the area within which the television station has acquired broadcast territorial exclusivity rights as defined in § 73.658(m) of this Chapter . To the extent rights are obtained for any hyphenated market named in § 76.51 , such rights shall not exceed those permitted under § 73.658(m) of this chapter for each named community in that market. [ 65 FR 68101 , Nov. 14, 2000, as amended at 79 FR 63562 , Oct. 24, 2014] § 76.122 Satellite network non-duplication. ( a ) Upon receiving notification pursuant to paragraph (c) of this section, a satellite carrier shall not deliver, to subscribers within zip code areas located in whole or in part within the zone of protection of a commercial television station licensed by the Commission, a program carried on a nationally distributed superstation or on a station carried pursuant to § 76.54 of this chapter when the network non-duplication rights to such program are held by the commercial television station providing notice, except as provided in paragraphs (j) , (k) or (l) of this section. ( b ) Television broadcast station licensees shall be entitled to exercise non-duplication rights pursuant to § 76.122 in accordance with the contractual provisions of the network-affiliate agreement, and as provided in § 76.124 . ( c ) In order to exercise non-duplication rights pursuant to § 76.122 , television stations shall notify each satellite carrier of the non-duplication sought in accordance with the requirements of this section. Non-duplication protection notices shall include the following information: ( 1 ) The name and address of the party requesting non-duplication protection and the television broadcast station holding the non-duplication right; ( 2 ) Where the agreement between network and affiliate so identifies, the name of the program or series (including specific episodes where necessary) for which protection is sought; ( 3 ) The dates on which protection is to begin and end; ( 4 ) The name of the network (or networks) which has (or have) extended non-duplication protection to the broadcaster; ( 5 ) The time periods by time of day (local time) and by network (if more than one) for each day of the week that the broadcaster will be broadcasting programs from that network (or networks) and for which non-duplication protection is requested; ( 6 ) The duration and extent (e.g., simultaneous, same-day, seven-day, etc.) of the non-duplication protection which has been agreed upon by the network (or networks) and the broadcaster; and ( 7 ) A list of the U.S. postal zip code(s) that encompass the zone of protection under these rules. ( d ) Broadcasters entering into contracts providing for network non-duplication protection shall notify affected satellite carriers within 60 calendar days of the signing of such a contract; provided, however, that for such contracts signed before November 29, 2000, the broadcaster may provide notice on or before January 31, 2001, or with respect to pre-November 29, 2000 contracts that require amendment in order to invoke the provisions of these rules, notification may be given within sixty calendar days of the signing of such amendment. ( e ) Except as otherwise provided in this section, a broadcaster shall be entitled to non-duplication protection beginning on the later of: ( 1 ) The date specified in its notice to the satellite carrier; or ( 2 ) The first day of the calendar week (Sunday through Saturday) that begins 60 days after the satellite carrier receives notice from the broadcaster; Provided, however, that with respect to notifications given pursuant to this section prior to June 1, 2001, a satellite carrier is not required to provide non-duplication protection until 120 days after the satellite carrier receives such notification. ( f ) A broadcaster shall provide the following information to the satellite carrier under the following circumstances: ( 1 ) In the event the protection specified in the notices described in paragraph (c) of this section has been limited or ended prior to the time specified in the notice, or in the event a time period, as identified to the satellite carrier in a notice pursuant to paragraph (c) of this section, for which a broadcaster has obtained protection is shifted to another time of day or another day (but not expanded), the broadcaster shall, as soon as possible, inform each satellite carrier that has previously received the notice of all changes from the original notice. Notice to be furnished “as soon as possible” under this paragraph shall be furnished by telephone, telegraph, facsimile, e-mail, overnight mail or other similar expedient means. ( 2 ) In the event the protection specified in the notices described in paragraph (c) of this section has been expanded, the broadcaster shall, at least 60 calendar days prior to broadcast of a protected program entitled to such expanded protection, notify each satellite carrier that has previously received notice of all changes from the original notice. ( g ) In determining which programs must be deleted from a television signal, a satellite carrier may rely on information from newspapers or magazines of general circulation, the broadcaster requesting exclusivity protection, or the nationally distributed superstation. ( h ) If a satellite carrier asks a nationally distributed superstation for information about its program schedule, the nationally distributed superstation shall answer the request: ( i ) Within ten business days following its receipt of the request; or (ii) Sixty days before the program or programs mentioned in the request for information will be broadcast, whichever comes later. ( i ) A broadcaster exercising exclusivity pursuant to this section shall provide to the satellite carrier, upon request, an exact copy of those portions of the contracts, such portions to be signed by both the network and the broadcaster, setting forth in full the provisions pertinent to the duration, nature, and extent of the non-duplication terms concerning broadcast signal exhibition to which the parties have agreed. ( j ) A satellite carrier is not required to delete the duplicating programming of any nationally distributed superstation that is carried by the satellite carrier as a local station pursuant to § 76.66 of this chapter or as a significantly viewed station pursuant to § 76.54 of this chapter ( 1 ) Within the station's local market; ( 2 ) If the station is “significantly viewed,” pursuant to § 76.54 of this chapter , in zip code areas included within the zone of protection unless a waiver of the significantly viewed exception is granted pursuant to § 76.7 of this chapter ; or ( 3 ) If the zone of protection falls, in whole or in part, within that signal's grade B contour or noise limited service contour. ( k ) A satellite carrier is not required to delete the duplicating programming of any nationally distributed superstation from an individual subscriber who is located outside the zone of protection, notwithstanding that the subscriber lives within a zip code provided by the broadcaster pursuant to paragraph (c) of this section. ( l ) A satellite carrier is not required to delete programming if it has fewer than 1,000 subscribers within the relevant protected zone who subscribe to the nationally distributed superstation carrying the programming for which deletion is requested pursuant to paragraph (c) of this section. [ 65 FR 68101 , Nov. 14, 2000, as amended at 67 FR 68951 , Nov. 14, 2002; 70 FR 76530 , Dec. 27, 2005] § 76.123 Satellite syndicated program exclusivity. ( a ) Upon receiving notification pursuant to paragraph (d) of this section, a satellite carrier shall not deliver, to subscribers located within zip code areas in whole or in part within the zone of protection of a commercial television station licensed by the Commission, a program carried on a nationally distributed superstation or on a station carried pursuant to § 76.54 of this chapter when the syndicated program exclusivity rights to such program are held by the commercial television station providing notice, except as provided in paragraphs (k) , (l) and (m) of this section. ( b ) Television broadcast station licensees shall be entitled to exercise exclusivity rights pursuant to this Section in accordance with the contractual provisions of their syndicated program license agreements, consistent with § 76.124 . ( c ) Distributors of syndicated programming shall be entitled to exercise exclusive rights pursuant to this Section for a period of one year from the initial broadcast syndication licensing of such programming anywhere in the United States; provided, however, that distributors shall not be entitled to exercise such rights in areas in which the programming has already been licensed. ( d ) In order to exercise exclusivity rights pursuant to this Section, distributors of syndicated programming or television broadcast stations shall notify each satellite carrier of the exclusivity sought in accordance with the requirements of this paragraph. Syndicated program exclusivity notices shall include the following information: ( 1 ) The name and address of the party requesting exclusivity and the television broadcast station or other party holding the exclusive right; ( 2 ) The name of the program or series (including specific episodes where necessary) for which exclusivity is sought; ( 3 ) The dates on which exclusivity is to begin and end; and ( 4 ) A list of the U.S. postal zip code(s) that encompass the zone of protection under these rules. ( e ) A distributor or television station exercising exclusivity pursuant to this Section shall provide to the satellite carrier, upon request, an exact copy of those portions of the exclusivity contracts, such portions to be signed by both the distributor and the television station, setting forth in full the provisions pertinent to the duration, nature, and extent of the exclusivity terms concerning broadcast signal exhibition to which the parties have agreed. ( f ) Television broadcast stations or distributors entering into contracts on or after November 29, 2000, which contain syndicated exclusivity protection with respect to satellite retransmission of programming, shall notify affected satellite carriers within sixty calendar days of the signing of such a contract. Television broadcast stations or distributors who have entered into contracts prior to November 29, 2000, and who comply with the requirements specified in § 76.124 shall notify affected satellite carriers on or before January 31, 2001; provided, however, that with respect to pre-November 29, 2000 contracts that require amendment in order to invoke the provisions of these rules, notification may be given within sixty calendar days of the signing of such amendment. ( g ) Except as otherwise provided in this section, a television broadcast station shall be entitled to exclusivity protection beginning on the later of: ( 1 ) The date specified in its notice to the satellite carrier; or ( 2 ) The first day of the calendar week (Sunday through Saturday) that begins 60 days after the satellite carrier receives notice from the broadcaster. Provided, however, that with respect to notifications given pursuant to this section prior to June 1, 2001, a satellite carrier is not required to provide syndicated exclusivity protection until 120 days after the satellite carrier receives such notification. ( h ) In determining which programs must be deleted from a television broadcast signal, a satellite carrier may rely on information from the distributor or television broadcast station requesting exclusivity; newspapers or magazines of general circulation; or the nationally distributed superstation whose programs may be subject to deletion. ( i ) If a satellite carrier asks a nationally distributed superstation for information about its program schedule, the nationally distributed superstation shall answer the request: ( 1 ) Within ten business days following the its receipt of the request; or ( 2 ) Sixty days before the program or programs mentioned in the request for information will be broadcast; whichever comes later. ( j ) In the event the exclusivity specified in paragraph (a) of this section has been limited or has ended prior to the time specified in the notice, the distributor or broadcaster who has supplied the original notice shall, as soon as possible, inform each satellite carrier that has previously received the notice of all changes from the original notice. In the event the original notice specified contingent dates on which exclusivity is to begin and/or end, the distributor or broadcaster shall, as soon as possible, notify the satellite carrier of the occurrence of the relevant contingency. Notice to be furnished “as soon as possible” under this Subsection shall be furnished by telephone, telegraph, facsimile, e-mail, overnight mail or other similar expedient means. ( k ) A satellite carrier is not required to delete the programming of any nationally distributed superstation that is carried by the satellite carrier as a local station pursuant to § 76.66 of this chapter or as a significantly viewed station pursuant to § 76.54 of this chapter : ( 1 ) Within the station's local market; ( 2 ) If the station is “significantly viewed,” pursuant to § 76.54 of this chapter , in zip code areas included within the zone of protection unless a waiver of the significantly viewed exception is granted pursuant to § 76.7 of this chapter ; or ( 3 ) If the zone of protection falls, in whole or in part, within that signal's grade B contour or noise limited service contour. ( l ) A satellite carrier is not required to delete the duplicating programming of any nationally distributed superstation from an individual subscriber who is located outside the zone of protection, notwithstanding that the subscriber lives within a zip code provided by the broadcaster pursuant to paragraph (d) of this section. ( m ) A satellite carrier is not required to delete programming if it has fewer than 1,000 subscribers within the relevant protected zone who subscribe to the nationally distributed superstation carrying the programming for which deletion is requested pursuant to paragraph (d) of this section. [ 65 FR 68101 , Nov. 14, 2000, as amended at 70 FR 76530 , Dec. 27, 2005] § 76.124 Requirements for invocation of protection. For a television broadcast station licensee or distributor of syndicated programming to be eligible to invoke the provisions of § 76.122 or § 76.123 of this subpart , it must have a contract or other written indicia that it holds network program non-duplication or syndicated exclusivity rights for the exhibition of the program in question. Contracts entered on or after November 29, 2000, must contain the following words: “the licensee [or substitute name] shall, by the terms of this contract, be entitled to invoke the protection against duplication of programming imported under the Statutory Copyright License, as provided in § 76.122 or § 76.123 of the FCC rules [or 'as provided in the FCC's satellite network non-duplication or syndicated exclusivity rules'].” Contracts entered into prior to November 29, 2000, must contain the foregoing language plus a clear and specific reference to the licensee's authority to exercise exclusivity rights as to the specific programming against signal carriage by the satellite carrier in question, or by satellite carriage in general in a protected, geographic or specified zone. In the absence of such a specific reference in contracts entered into prior to November 29, 2000, the provisions of these rules may be invoked only if the contract is amended to include the specific language referenced in this section or a specific written acknowledgment is obtained from the party from whom the broadcast exhibition rights were obtained that the existing contract was intended, or should now be construed by agreement of the parties, to include such rights. A general acknowledgment by a supplier of exhibition rights that specific contract language was intended to convey rights under these rules will be accepted with respect to all contracts containing that specific language. Nothing in this section shall be construed as a grant of exclusive rights to a broadcaster where such rights are not agreed to by the parties. § 76.125 Indemnification contracts. No television broadcast station licensee shall enter into any contract to indemnify a satellite carrier for liability resulting from failure to delete programming in accordance with the provisions of this subpart unless the licensee has a reasonable basis for concluding that such program deletion is not required by this Subpart. § 76.130 Substitutions. Whenever, pursuant to the requirements of the network program non-duplication or syndicated program exclusivity rules, a satellite carrier is required to delete a television program from retransmission to satellite subscribers within a zip code area, such satellite carrier may, consistent with this subpart, substitute a program from any other television broadcast station for which the satellite carrier has obtained the necessary legal rights and permissions, including but not limited to copyright and retransmission consent. Programs substituted pursuant to this section may be carried to their completion. [ 65 FR 68101 , Nov. 14, 2000, as amended at 79 FR 63562 , Oct. 24, 2014] Subpart G—Cablecasting § 76.205 Origination cablecasts by legally qualified candidates for public office; equal opportunities. ( a ) General requirements. No cable television system is required to permit the use of its facilities by any legally qualified candidate for public office, but if any system shall permit any such candidate to use its facilities, it shall afford equal opportunities to all other candidates for that office to use such facilities. Such system shall have no power of censorship over the material broadcast by any such candidate. Appearance by a legally qualified candidate on any: ( 1 ) Bona fide newscast; ( 2 ) Bona fide news interview; ( 3 ) Bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary); or ( 4 ) On-the-spot coverage of bona fide news events (including, but not limited to political conventions and activities incidental thereto) shall not be deemed to be use of a system. (section 315(a) of the Communications Act.) ( b ) Uses. As used in this section and § 76.206 , the term “use” means a candidate appearance (including by voice or picture) that is not exempt under paragraphs 76.205 (a)(1) through (a)(4) of this section. ( c ) Timing of request. A request for equal opportunities must be submitted to the system within 1 week of the day on which the first prior use giving rise to the right of equal opportunities occurred: Provided, however, That where the person was not a candidate at the time of such first prior use, he or she shall submit his or her request within 1 week of the first subsequent use after he or she has become a legally qualified candidate for the office in question. ( d ) Burden of proof. A candidate requesting equal opportunities of the system or complaining of noncompliance to the Commission shall have the burden of proving that he or she and his or her opponent are legally qualified candidates for the same public office. ( e ) Discrimination between candidates. In making time available to candidates for public office, no system shall make any discrimination between candidates in practices, regulations, facilities, or services for or in connection with the service rendered pursuant to this part, or make or give any preference to any candidate for public office or subject any such candidate to any prejudice or disadvantage; nor shall any system make any contract or other agreement which shall have the effect of permitting any legally qualified candidate for any public office to cablecast to the exclusion of other legally qualified candidates for the same public office. [ 57 FR 210 , Jan. 3, 1992, as amended at 59 FR 14568 , Mar. 29, 1994] § 76.206 Candidate rates. ( a ) Charges for use of cable television systems. The charges, if any, made for the use of any system by any person who is a legally qualified candidate for any public office in connection with his or her campaign for nomination for election, or election, to such office shall not exceed: ( 1 ) During the 45 days preceding the date of a primary or primary runoff election and during the 60 days preceding the date of a general or special election in which such person is a candidate, the lowest unit charge of the system for the same class and amount of time for the same period. ( i ) A candidate shall be charged no more per unit than the system charges its most favored commercial advertisers for the same classes and amounts of time for the same periods. Any system practices offered to commercial advertisers that enhance the value of advertising spots must be disclosed and made available to candidates upon equal terms. Such practices include but are not limited to any discount privileges that affect the value of advertising, such as bonus spots, time-sensitive make goods, preemption priorities, or any other factors that enhance the value of the announcement. ( ii ) The Commission recognizes non-preemptible, preemptible with notice, immediately preemptible and run-of-schedule as distinct classes of time. ( iii ) Systems may establish and define their own reasonable classes of immediately preemptible time so long as the differences between such classes are based on one or more demonstrable benefits associated with each class and are not based solely upon price or identity of the advertiser. Such demonstrable benefits include, but are not limited to, varying levels of preemption protection, scheduling flexibility, or associated privileges, such as guaranteed time-sensitive make goods. Systems may not use class distinctions to defeat the purpose of the lowest unit charge requirement. All classes must be fully disclosed and made available to candidates. ( iv ) Systems may establish reasonable classes of preemptible with notice time so long as they clearly define all such classes, fully disclose them and make them available to candidates. ( v ) Systems may treat non-preemptible and fixed position as distinct classes of time provided that systems articulate clearly the differences between such classes, fully disclose them, and make them available to candidates. ( vi ) Systems shall not establish a separate, premium-priced class of time sold only to candidates. Systems may sell higher-priced non-preemptible or fixed time to candidates if such a class of time is made available on a bona fide basis to both candidates and commercial advertisers, and provided such class is not functionally equivalent to any lower-priced class of time sold to commercial advertisers. ( vii ) [Reserved] ( viii ) Lowest unit charge may be calculated on a weekly basis with respect to time that is sold on a weekly basis, such as rotations through particular programs or dayparts. Systems electing to calculate the lowest unit charge by such a method must include in that calculation all rates for all announcements scheduled in the rotation, including announcements aired under long-term advertising contracts. Systems may implement rate increases during election periods only to the extent that such increases constitute “ordinary business practices,” such as seasonal program changes or changes in audience ratings. ( ix ) Systems shall review their advertising records periodically throughout the election period to determine whether compliance with this section requires that candidates receive rebates or credits. Where necessary, systems shall issue such rebates or credits promptly. ( x ) Unit rates charged as part of any package, whether individually negotiated or generally available to all advertisers, must be included in the lowest unit charge calculation for the same class and length of time in the same time period. A candidate cannot be required to purchase advertising in every program or daypart in a package as a condition for obtaining package unit rates. ( xi ) Systems are not required to include non-cash promotional merchandising incentives in lowest unit charge calculations; provided, however, that all such incentives must be offered to candidates as part of any purchases permitted by the system. Bonus spots, however, must be included in the calculation of the lowest unit charge calculation. ( xii ) Make goods, defined as the rescheduling of preempted advertising, shall be provided to candidates prior to election day if a system has provided a time-sensitive make good during the year preceding the pre-election periods, respectively set forth in paragraph (a)(1) of this section, to any commercial advertiser who purchased time in the same class. ( xiii ) Systems must disclose and make available to candidates any make good policies provided to commercial advertisers. If a system places a make good for any commercial advertiser or other candidate in a more valuable program or daypart, the value of such make good must be included in the calculation of the lowest unit charge for that program or daypart. ( 2 ) At any time other than the respective periods set forth in paragraph (a)(1) of this section, systems may charge legally qualified candidates for public office no more than the charges made for comparable use of the system by commercial advertisers. The rates, if any, charged all such candidates for the same office shall be uniform and shall not be rebated by any means, direct or indirect. A candidate shall be charged no more than the rate the system would charge for comparable commercial advertising. All discount privileges otherwise offered by a system to commercial advertisers must be disclosed and made available upon equal terms to all candidates for public office. ( b ) If a system permits a candidate to use its cablecast facilities, the system shall make all discount privileges offered to commercial advertisers, including the lowest unit charges for each class and length of time in the same time period and all corresponding discount privileges, available on equal terms to all candidates. This duty includes an affirmative duty to disclose to candidates information about rates, terms, conditions and all value-enhancing discount privileges offered to commercial advertisers, as provided in § 76.1611 . Systems may use reasonable discretion in making the disclosure; provided, however, that the disclosure includes, at a minimum, the following information: ( 1 ) A description and definition of each class of time available to commercial advertisers sufficiently complete enough to allow candidates to identify and understand what specific attributes differentiate each class; ( 2 ) A description of the lowest unit charge and related privileges (such as priorities against preemption and make goods prior to specific deadlines) for each class of time offered to commercial advertisers; ( 3 ) A description of the system's method of selling preemptible time based upon advertiser demand, commonly known as the “current selling level,” with the stipulation that candidates will be able to purchase at these demand-generated rates in the same manner as commercial advertisers; ( 4 ) An approximation of the likelihood of preemption for each kind of preemptible time; and ( 5 ) An explanation of the system's sales practices, if any, that are based on audience delivery, with the stipulation that candidates will be able to purchase this kind of time, if available to commercial advertisers. ( c ) Once disclosure is made, systems shall negotiate in good faith to actually sell time to candidates in accordance with the disclosure. [ 57 FR 210 , Jan. 3, 1992, as amended at 57 FR 27709 , June 22, 1992; 65 FR 53615 , Sept. 5, 2000] § 76.213 Lotteries. ( a ) No cable television system operator, except as in paragraph (c), when engaged in origination cablecasting shall transmit or permit to be transmitted on the origination cablecasting channel or channels any advertisement of or information concerning any lottery, gift, enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any list of prizes drawn or awarded by means of any such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes. ( b ) The determination whether a particular program comes within the provisions of paragraph (a) of this section depends on the facts of each case. However, the Commission will in any event consider that a program comes within the provisions of paragraph (a) of this section if in connection with such program a prize consisting of money or thing of value is awarded to any person whose selection is dependent in whole or in part upon lot or chance, if as a condition of winning or competing for such prize, such winner or winners are required to furnish any money or thing of value or are required to have in their possession any product sold, manufactured, furnished, or distributed by a sponsor of a program cablecast on the system in question. ( c ) The provisions of paragraphs (a) and (b) of this section shall not apply to advertisements or lists of prizes or information concerning: ( 1 ) A lottery conducted by a State acting under authority of State law which is transmitted: ( i ) By a cable system located in that State; ( ii ) By a cable system located in another State which conducts such a lottery; or ( iii ) By a cable system located in another State which is integrated with a cable system described in paragraphs (c)(1)(i) or (c)(1)(ii) of this section, if termination of the receipt of such transmission by the cable systems in such other State would be technically infeasible. ( 2 ) Any gaming conducted by an Indian Tribe pursuant to the Indian Gaming Regulatory Act. ( 25 U.S.C. 2701 et seq. ). ( 3 ) A lottery, gift enterprise or similar scheme, other than one described in paragraph (c)(1) of this section, that is authorized or not otherwise prohibited by the State in which it is conducted and which is: ( i ) Conducted by a not-for-profit organization or a governmental organization; or ( ii ) Conducted as a promotional activity by a commercial organization and is clearly occasional and ancillary to the primary business of that organization. ( d ) For the purposes of paragraph (c) lottery means the pooling of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket purchasers. It does not include the placing or accepting of bets or wagers on sporting events or contests. ( e ) For purposes of paragraph (c)(3)(i) of this section, the term “not-for-profit organization” means any organization that would qualify as tax exempt under section 501 of the Internal Revenue Code of 1986. [ 37 FR 3278 , Feb. 12, 1972, as amended at 40 FR 6210 , Feb. 10, 1975; 42 FR 13947 , Apr. 13, 1977; 54 FR 20856 , May 15, 1989; 55 FR 18888 , May 7, 1990] § 76.225 Commercial limits in children's programs. ( a ) No cable operator shall air more than 10.5 minutes of commercial matter per hour during children's programming on weekends, or more than 12 minutes of commercial matter per hour on weekdays. ( b ) The display of Internet Web site addresses during program material or promotional material not counted as commercial time is permitted only if the Web site: ( 1 ) Offers a substantial amount of bona fide program-related or other noncommercial content; ( 2 ) Is not primarily intended for commercial purposes, including either e-commerce or advertising; ( 3 ) The Web site's home page and other menu pages are clearly labeled to distinguish the noncommercial from the commercial sections; and ( 4 ) The page of the Web site to which viewers are directed by the Web site address is not used for e-commerce, advertising, or other commercial purposes (e.g., contains no links labeled “store” and no links to another page with commercial material). ( c ) If an Internet address for a Web site that does not meet the test in paragraph (b) of this section is displayed during a promotion in a children's program, in addition to counting against the commercial time limits in paragraph (a) of this section the promotion must be clearly separated from program material. ( d ) ( 1 ) Entities subject to commercial time limits under the Children's Television Act shall not display a Web site address during or adjacent to a program if, at that time, on pages that are primarily devoted to free noncommercial content regarding that specific program or a character appearing in that program: ( i ) Products are sold that feature a character appearing in that program; or ( ii ) A character appearing in that program is used to actively sell products. ( 2 ) The requirements of this paragraph do not apply to: ( i ) Third-party sites linked from the companies' Web pages; ( ii ) On-air third-party advertisements with Web site references to third-party Web sites; or ( iii ) Pages that are primarily devoted to multiple characters from multiple programs. ( e ) The requirements of this section shall not apply to programs aired on a broadcast television channel which the cable operator passively carries, or to access channels over which the cable operator may not exercise editorial control, pursuant to 47 U.S.C. 531(e) and 532(c)(2) . Note 1 to § 76.225 : Commercial matter means air time sold for purposes of selling a product or service and promotions of television programs or video programming services other than children's or other age-appropriate programming appearing on the same channel or promotions for children's educational and informational programming on any channel. Note 2 to § 76.225 : For purposes of this section, children's programming refers to programs originally produced and broadcast primarily for an audience of children 12 years old and younger. Note 3 to § 76.225 : Section 76.1703 contains recordkeeping requirements for cable operators with regard to children's programming. [ 56 FR 19616 , Apr. 29, 1991, as amended at 65 FR 53615 , Sept. 5, 2000; 70 FR 38 , Jan. 3, 2005; 71 FR 64165 , Nov. 1, 2006] § 76.227 [Reserved] Subpart H—General Operating Requirements § 76.309 Customer service obligations. ( a ) A cable franchise authority may enforce the customer service standards set forth in paragraph (c) of this section against cable operators. The franchise authority must provide affected cable operators ninety (90) days written notice of its intent to enforce the standards. ( b ) Nothing in this rule should be construed to prevent or prohibit: ( 1 ) A franchising authority and a cable operator from agreeing to customer service requirements that exceed the standards set forth in paragraph (c) of this section; ( 2 ) A franchising authority from enforcing, through the end of the franchise term, pre-existing customer service requirements that exceed the standards set forth in paragraph (c) of this section and are contained in current franchise agreements; ( 3 ) Any State or any franchising authority from enacting or enforcing any consumer protection law, to the extent not specifically preempted herein; or ( 4 ) The establishment or enforcement of any State or municipal law or regulation concerning customer service that imposes customer service requirements that exceed, or address matters not addressed by the standards set forth in paragraph (c) of this section. ( c ) Cable operators are subject to the following customer service standards: ( 1 ) Cable system office hours and telephone availability— ( i ) The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. ( A ) Trained company representatives will be available to respond to customer telephone inquiries during normal business hours. ( B ) After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day. ( ii ) Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. ( iii ) The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. ( iv ) Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time. ( v ) Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located. ( 2 ) Installations, outages and service calls. Under normal operating conditions, each of the following four standards will be met no less than ninety five (95) percent of the time measured on a quarterly basis: ( i ) Standard installations will be performed within seven (7) business days after an order has been placed. “Standard” installations are those that are located up to 125 feet from the existing distribution system. ( ii ) Excluding conditions beyond the control of the operator, the cable operator will begin working on “service interruptions” promptly and in no event later than 24 hours after the interruption becomes known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem. ( iii ) The “appointment window” alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four-hour time block during normal business hours. (The operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.) ( iv ) An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. ( v ) If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. ( 3 ) Communications between cable operators and cable subscribers— ( i ) Refunds—Refund checks will be issued promptly, but no later than either— ( A ) The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or ( B ) The return of the equipment supplied by the cable operator if service is terminated. ( ii ) Credits—Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. ( 4 ) Definitions— ( i ) Normal business hours —The term “normal business hours” means those hours during which most similar businesses in the community are open to serve customers. In all cases, “normal business hours” must include some evening hours at least one night per week and/or some weekend hours. ( ii ) Normal operating conditions —The term “normal operating conditions” means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. ( iii ) Service interruption —The term “service interruption” means the loss of picture or sound on one or more cable channels. Note to § 76.309 : Section 76.1602 contains notification requirements for cable operators with regard to operator obligations to subscribers and general information to be provided to customers regarding service. Section 76.1603 contains subscriber notification requirements governing rate and service changes. Section 76.1619 contains notification requirements for cable operators with regard to subscriber bill information and operator response procedures pertaining to bill disputes. [ 58 FR 21109 , Apr. 19, 1993, as amended at 61 FR 18977 , Apr. 30, 1996; 65 FR 53615 , Sept. 5, 2000; 67 FR 1650 , Jan. 14, 2002; 83 FR 7627 , Feb. 22, 2018] § 76.310 Truth in billing and advertising. ( a ) Cable operators and direct broadcast satellite (DBS) providers shall state an aggregate price for the video programming that they provide as a clear, easy-to-understand, and accurate single line item on subscribers' bills, including on bills for legacy or grandfathered video programming service plans. If a price is introductory or limited in time, cable and DBS providers shall state on subscribers' bills the date the price ends, by disclosing either the length of time that a discounted price will be charged or the date on which a time period will end that will result in a price change for video programming, and the post-promotion rate 60 and 30 days before the end of any introductory period. Cable operators and DBS providers may complement the aggregate line item with an itemized explanation of the elements that compose that single line item. ( b ) Cable operators and DBS providers that communicate a price for video programming in promotional materials shall state the aggregate price for the video programming in a clear, easy-to-understand, and accurate manner. If part of the aggregate price for video programming fluctuates based upon service location, then the provider must state where and how consumers may obtain their subscriber-specific “all-in” price (for example, electronically or by contacting a customer service or sales representative). If part or all of the aggregate price is limited in time, then the provider must state the post-promotion rate, as calculated at that time, and the duration of each rate that will be charged. Cable operators and DBS providers may complement the aggregate price with an itemized explanation of the elements that compose that aggregate price. The requirement in this paragraph (b) shall not apply to the marketing of legacy or grandfathered video programming service plans that are no longer generally available to new customers. For purposes of this section, the term “promotional material” includes communications offering video programming to consumers such as advertising and marketing. ( c ) This section may contain information collection and/or recordkeeping requirements. Compliance with this section will not be required until this paragraph (c) is removed or contains compliance dates. The Commission will publish a document in the Federal Register announcing the compliance dates and revising or removing this paragraph (c) accordingly. [ 89 FR 28679 , Apr. 19, 2024] Subpart I [Reserved] Subpart J—Ownership of Cable Systems § 76.501 Cross-ownership. ( a ) - ( c ) [Reserved] ( d ) No cable operator shall offer satellite master antenna television service (“SMATV”), as that service is defined in § 76.5(a)(2) , separate and apart from any franchised cable service in any portion of the franchise area served by that cable operator's cable system, either directly or indirectly through an affiliate owned, operated, controlled, or under common control with the cable operator. ( e ) ( 1 ) A cable operator may directly or indirectly, through an affiliate owned, operated, controlled by, or under common control with the cable operator, offer SMATV service within its franchise area if the cable operator's SMATV system was owned, operated, controlled by or under common control with the cable operator as of October 5, 1992. ( 2 ) A cable operator may directly or indirectly, through an affiliate owned, operated, controlled by, or under common control with the cable operator, offer service within its franchise area through SMATV facilities, provided such service is offered in accordance with the terms and conditions of a cable franchise agreement. ( f ) The restrictions in paragraphs (d) and (e) of this section shall not apply to any cable operator in any franchise area in which a cable operator is subject to effective competition as determined under section 623(l) of the Communications Act. Note 1 to § 76.501 : Actual working control, in whatever manner exercised, shall be deemed a cognizable interest. Note 2 to § 76.501 : In applying the provisions of this section, ownership and other interests in an entity or entities covered by this rule will be attributed to their holders and deemed cognizable pursuant to the following criteria: (a) Except as otherwise provided herein, partnership and direct ownership interests and any voting stock interest amounting to 5% or more of the outstanding voting stock of a corporation will be cognizable; (b) Investment companies, as defined in 15 U.S.C. 80a-3 , insurance companies and banks holding stock through their trust departments in trust accounts will be considered to have a cognizable interest only if they hold 20% or more of the outstanding voting stock of a corporation, or if any of the officers or directors of the corporation are representatives of the investment company, insurance company or bank concerned. Holdings by a bank or insurance company will be aggregated if the bank or insurance company has any right to determine how the stock will be voted. Holdings by investment companies will be aggregated if under common management. (c) Attribution of ownership interests in an entity covered by this rule that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that wherever the ownership percentage for any link in the chain exceeds 50%, it shall not be included for purposes of this multiplication. [For example, if A owns 10% of company X, which owns 60% of company Y, which owns 25% of “Licensee,” then X's interest in “Licensee” would be 25% (the same as Y's interest since X's interest in Y exceeds 50%), and A's interest in “Licensee” would be 2.5% (0.1 × 0.25). Under the 5% attribution benchmark, X's interest in “Licensee” would be cognizable, while A's interest would not be cognizable.] (d) Voting stock interests held in trust shall be attributed to any person who holds or shares the power to vote such stock, to any person who has the sole power to sell such stock, and to any person who has the right to revoke the trust at will or to replace the trustee at will. If the trustee has a familial, personal or extra-trust business relationship to the grantor or the beneficiary, the grantor or beneficiary, as appropriate, will be attributed with the stock interests held in trust. An otherwise qualified trust will be ineffective to insulate the grantor or beneficiary from attribution with the trust's assets unless all voting stock interests held by the grantor or beneficiary in the relevant entity covered by this rule are subject to said trust. (e) Subject to paragraph (i) of this Note, holders of non-voting stock shall not be attributed an interest in the issuing entity. Subject to paragraph (i) of this Note, holders of debt and instruments such as warrants, convertible debentures, options or other non-voting interests with rights of conversion to voting interests shall not be attributed unless and until conversion is effected. (f)(1) Subject to paragraph (i) of this Note, a limited partnership interest shall be attributed to a limited partner unless that partner is not materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership and the relevant entity so certifies. An interest in a Limited Liability Company (“LLC”) or Registered Limited Liability Partnership (“RLLP”) shall be attributed to the interest holder unless that interest holder is not materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership and the relevant entity so certifies. (2) In the case of a limited partnership, in order for an entity to make the certification set forth in paragraph (g)(1) of this section, it must verify that the partnership agreement or certificate of limited partnership, with respect to the particular limited partner exempt from attribution, establishes that the exempt limited partner has no material involvement, directly or indirectly, in the management or operation of the media activities of the partnership. In the case of an LLC or RLLP, in order for an entity to make the certification set forth in paragraph (g)(1) of this section, it must verify that the organizational document, with respect to the particular interest holder exempt from attribution, establishes that the exempt interest holder has no material involvement, directly or indirectly, in the management or operation of the media activities of the LLC or RLLP. The criteria which would assume adequate insulation for purposes of these certifications are described in the Memorandum Opinion and Order in MM Docket No. 83-46, FCC 85-252 (released June 24, 1985), as modified on reconsideration in the Memorandum Opinion and Order in MM Docket No. 83-46, FCC 86-410 (released November 28, 1986). Irrespective of the terms of the certificate of limited partnership or partnership agreement, or other organizational document in the case of an LLC or RLLP, however, no such certification shall be made if the individual or entity making the certification has actual knowledge of any material involvement of the limited partners, or other interest holders in the case of an LLC or RLLP, in the management or operation of the media businesses of the partnership or LLC or RLLP. (3) In the case of an LLC or RLLP, the entity seeking insulation shall certify, in addition, that the relevant state statute authorizing LLCs permits an LLC member to insulate itself as required by our criteria. (g) Officers and directors of an entity covered by this rule are considered to have a cognizable interest in the entity with which they are so associated. If any such entity engages in businesses in addition to its primary media business, it may request the Commission to waive attribution for any officer or director whose duties and responsibilities are wholly unrelated to its primary business. The officers and directors of a parent company of a media entity, with an attributable interest in any such subsidiary entity, shall be deemed to have a cognizable interest in the subsidiary unless the duties and responsibilities of the officer or director involved are wholly unrelated to the media subsidiary, and a certification properly documenting this fact is submitted to the Commission. The officers and directors of a sister corporation of a media entity shall not be attributed with ownership of that entity by virtue of such status. (h) Discrete ownership interests held by the same individual or entity will be aggregated in determining whether or not an interest is cognizable under this section. An individual or entity will be deemed to have a cognizable investment if: (1) The sum of the interests held by or through “passive investors” is equal to or exceeds 20 percent; or (2) The sum of the interests other than those held by or through “passive investors” is equal to or exceeds 5 percent; or (3) The sum of the interests computed under paragraph (i)(1) of this section plus the sum of the interests computed under paragraph (i)(2) of this section is equal to or exceeds 20 percent. (i) Notwithstanding paragraphs (e) and (f) of this Note, the holder of an equity or debt interest or interests in an entity covered by this rule shall have that interest attributed if the equity (including all stockholdings, whether voting or nonvoting, common or preferred, and partnership interests) and debt interest or interests, in the aggregate, exceed 33 percent of the total asset value (all equity plus all debt) of that entity, provided however that: (1) in applying the provisions of paragraph (i) of this note to §§ 76.501 , 76.505 and 76.905(b)(2) , the holder of an equity or debt interest or interests in a broadcast station, cable system, SMATV or multiple video distribution provider subject to § 76.501 , § 76.505 , or § 76.905(b)(2) (“interest holder”) shall have that interest attributed if the equity (including all stockholdings, whether voting or nonvoting, common or preferred, and partnership interests) and debt interest or interests, in the aggregate, exceed 33 percent of the total asset value (defined as the aggregate of all equity plus all debt) of that entity; and (i) the interest holder also holds an interest in a broadcast station, cable system, SMATV, or multiple video distribution provider that operates in the same market, is subject to § 76.501 , § 76.505 , or § 76.905(b)(2) and is attributable without reference to this paragraph (i) ; or (ii) the interest holder supplies over fifteen percent of the total weekly broadcast programming hours of the station in which the interest is held. (2) For purposes of applying subparagraph (i)(1), the term “market” will be defined as it is defined under the rule that is being applied. Note 3 to § 76.501 : In cases where record and beneficial ownership of voting stock is not identical (e.g., bank nominees holding stock as record owners for the benefit of mutual funds, brokerage houses holding stock in street names for benefit of customers, investment advisors holding stock in their own names for the benefit of clients, and insurance companies holding stock), the party having the right to determine how the stock will be voted will be considered to own it for purposes of this subpart. Note 4 to § 76.501 : Paragraph (a) of this section will not be applied so as to require the divestiture of ownership interests proscribed herein solely because of the transfer of such interests to heirs or legatees by will or intestacy, provided that the degree or extent of the proscribed cross-ownership is not increased by such transfer. Note 5 to § 76.501 : Certifications pursuant to this section and these notes shall be sent to the attention of the Media Bureau, Federal Communications Commission, located at the address of the FCC's main office indicated in 47 CFR 0.401(a) . Note 6 to § 76.501 : In applying paragraph (a) of § 76.501 , for purposes of paragraph note 2(i) of this section, attribution of ownership interests in an entity covered by this rule that are held indirectly by any party through one or more intervening organizations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product. The ownership percentage for any link in the chain that exceeds 50% shall be included. [For example, if A owns 10% of company X, which owns 60% of company Y, which owns 25% of “Licensee,” then X's interest in “Licensee” would 15% (0.6 × 0.25), and A's interest in “Licensee” would be 1.5% (0.1 × 0.6 × 0.25).] [ 58 FR 27677 , May 11, 1993, as amended at 60 FR 37834 , July 24, 1995; 61 FR 15388 , Apr. 8, 1996; 64 FR 50646 , Sept. 17, 1999; 64 FR 67194 , Dec. 1, 1999; 66 FR 9973 , Feb. 13, 2001; 67 FR 13234 , Mar. 21, 2002; 68 FR 13237 , Mar. 19, 2003; 85 FR 64409 , Oct. 13, 2020] § 76.502 Time limits applicable to franchise authority consideration of transfer applications. ( a ) A franchise authority shall have 120 days from the date of submission of a completed FCC Form 394, together with all exhibits, and any additional information required by the terms of the franchise agreement or applicable state or local law to act upon an application to sell, assign, or otherwise transfer controlling ownership of a cable system. ( b ) A franchise authority that questions the accuracy of the information provided under paragraph (a) must notify the cable operator within 30 days of the filing of such information, or such information shall be deemed accepted, unless the cable operator has failed to provide any additional information reasonably requested by the franchise authority within 10 days of such request. ( c ) If the franchise authority fails to act upon such transfer request within 120 days, such request shall be deemed granted unless the franchise authority and the requesting party otherwise agree to an extension of time. [ 61 FR 15388 , Apr. 8, 1996] § 76.503 National subscriber limits. ( a ) No cable operator shall serve more than 30 percent of all multichannel-video programming subscribers nationwide through multichannel video programming distributors owned by such operator or in which such cable operator holds an attributable interest. ( b ) - ( d ) [Reserved] ( e ) “Multichannel video-programming subscribers” means subscribers who receive multichannel video-programming from cable systems, direct broadcast satellite services, direct-to-home satellite services, BRS/EBS, local multipoint distribution services, satellite master antenna television services (as defined in § 76.5(a)(2) ), and open video systems. ( f ) “Cable operator” means any person or entity that owns or has an attributable interest in an incumbent cable franchise. ( g ) Prior to acquiring additional multichannel video-programming providers, any cable operator that serves 20% or more of multichannel video-programming subscribers nationwide shall certify to the Commission, concurrent with its applications to the Commission for transfer of licenses at issue in the acquisition, that no violation of the national subscriber limits prescribed in this section will occur as a result of such acquisition. Note 1 to § 76.503 : Certifications made under this section shall be sent to the attention of the Media Bureau, Federal Communications Commission, located at the address of the FCC's main office indicated in 47 CFR 0.401(a) . Note 2 to § 76.503 : Attributable Interest shall be defined by reference to the criteria set forth in Notes 1 through 5 to § 76.501 provided however, that: (a) Notes 2(f) and 2(g) to § 76.501 to shall not apply; (b)(1) Subject to Note 2(i) to § 76.501 , a limited partnership interest shall be attributed to a limited partner unless that partner is not materially involved, directly or indirectly, in the management or operation of the video programming-related activities of the partnership and the relevant entity so certifies. An interest in a Limited Liability Company (“LLC”) or Registered Limited Liability Partnership (“RLLP”) shall be attributed to the interest holder unless that interest holder is not materially involved, directly or indirectly, in the management or operation of the video programming-related activities of the partnership and the relevant entity so certifies. (2) In the case of a limited partnership, in order for an entity to make the certification set forth in paragraph (b)(1) of this section, it must verify that the partnership agreement or certificate of limited partnership, with respect to the particular limited partner exempt from attribution, establishes that the exempt limited partner has no material involvement, directly or indirectly, in the management or operation of the video programming activities of the partnership. In the case of an LLC or RLLP, in order for an entity to make the certification set forth in paragraph (g)(1) of this section, it must verify that the organizational document, with respect to the particular interest holder exempt from attribution, establishes that the exempt interest holder has no material involvement, directly or indirectly, in the management or operation of the video programming activities of the LLC or RLLP. The criteria which would assume adequate insulation for purposes of these certifications are described in the Report and Order, FCC No. 99-288, CS Docket No. 98-82 (released October 20, 1999). In order for the Commission to accept the certification, the certification must be accompanied by facts, e.g. in the form of documents, affidavits or declarations, that demonstrate that these insulation criteria are met. Irrespective of the terms of the certificate of limited partnership or partnership agreement, or other organizational document in the case of an LLC or RLLP, however, no such certification shall be made if the individual or entity making the certification has actual knowledge of any material involvement of the limited partners, or other interest holders in the case of an LLC or RLLP, in the management or operation of the video-programming activities of the partnership or LLC or RLLP. (3) In the case of an LLC or RLLP, the entity seeking insulation shall certify, in addition, that the relevant state statute authorizing LLCs permits an LLC member to insulate itself as required by our criteria. (c) Officers and directors of an entity covered by this rule are considered to have a cognizable interest in the entity with which they are so associated. If any such entity engages in activities other than video-programming activities, it may request the Commission to waive attribution for any officer or director whose duties and responsibilities are wholly unrelated to the entity's video-programming activities. In the case of common or appointed directors and officers, if common or appointed directors or officers have duties and responsibilities that are wholly unrelated to video-programming activities for both entities, the relevant entity may request the Commission to waive attribution of the director or officer. The officers and directors of a parent company of a video-programming business, with an attributable interest in any such subsidiary entity, shall be deemed to have a cognizable interest in the subsidiary unless the duties and responsibilities of the officer or director involved are wholly unrelated to the video-programming subsidiary, and a certification properly documenting this fact is submitted to the Commission. The officers and directors of a sister corporation of a cable system shall not be attributed with ownership of that entity by virtue of such status. [ 64 FR 67195 , 67199 , Dec. 1, 1999, as amended at 67 FR 13234 , Mar. 21, 2002; 69 FR 72046 , Dec. 10, 2004; 73 FR 11050 , Feb. 29, 2008; 85 FR 64409 , Oct. 13, 2020] § 76.504 Limits on carriage of vertically integrated programming. ( a ) Except as otherwise provided in this section no cable operator shall devote more than 40 percent of its activated channels to the carriage of national video programming services owned by the cable operator or in which the cable operator has an attributable interest. ( b ) The channel occupancy limits set forth in paragraph (a) of this section shall apply only to channel capacity up to 75 channels. ( c ) A cable operator may devote two additional channels or up to 45 percent of its channel capacity, whichever is greater, to the carriage of video programming services owned by the cable operator or in which the cable operator has an attributable interest provided such video programming services are minority-controlled. ( d ) Cable operators carrying video programming services owned by the cable operator or in which the cable operator holds an attributable interest in excess of limits set forth in paragraph (a) of this section as of December 4, 1992, shall not be precluded by the restrictions in this section. ( e ) Minority-controlled means more than 50 percent owned by one or more members of a minority group. ( f ) Minority means Black, Hispanic, American Indian, Alaska Native, Asian and Pacific Islander. Note 1: Attributable interest shall be defined by reference to the criteria set forth in Notes 1 through 5 to § 76.501 provided however, that: (a) Notes 2(f) and 2(g) to § 76.501 to shall not apply; (b)(1) Subject to Note 2(i) to § 76.501 , a limited partnership interest shall be attributed to a limited partner unless that partner is not materially involved, directly or indirectly, in the management or operation of the video programming-related activities of the partnership and the relevant entity so certifies. An interest in a Limited Liability Company (“LLC”) or Registered Limited Liability Partnership (“RLLP”) shall be attributed to the interest holder unless that interest holder is not materially involved, directly or indirectly, in the management or operation of the video programming-related activities of the partnership and the relevant entity so certifies. (2) In the case of a limited partnership, in order for an entity to make the certification set forth in paragraph (b)(1) of this section, it must verify that the partnership agreement or certificate of limited partnership, with respect to the particular limited partner exempt from attribution, establishes that the exempt limited partner has no material involvement, directly or indirectly, in the management or operation of the video programming activities of the partnership. In the case of an LLC or RLLP, in order for an entity to make the certification set forth in paragraph (g)(1) of this section, it must verify that the organizational document, with respect to the particular interest holder exempt from attribution, establishes that the exempt interest holder has no material involvement, directly or indirectly, in the management or operation of the video programming activities of the LLC or RLLP. The criteria which would assume adequate insulation for purposes of these certifications are described in the Report and Order, FCC No. 99-288, CS Docket No. 98-82 (released October 20, 1999). In order for the Commission to accept the certification, the certification must be accompanied by facts, e.g. in the form of documents, affidavits or declarations, that demonstrate that these insulation criteria are met. Irrespective of the terms of the certificate of limited partnership or partnership agreement, or other organizational document in the case of an LLC or RLLP, however, no such certification shall be made if the individual or entity making the certification has actual knowledge of any material involvement of the limited partners, or other interest holders in the case of an LLC or RLLP, in the management or operation of the video-programming activities of the partnership or LLC or RLLP. (3) In the case of an LLC or RLLP, the entity seeking insulation shall certify, in addition, that the relevant state statute authorizing LLCs permits an LLC member to insulate itself as required by our criteria. (c) Officers and directors of an entity covered by this rule are considered to have a cognizable interest in the entity with which they are so associated. If any such entity engages in activities other than video-programming activities, it may request the Commission to waive attribution for any officer or director whose duties and responsibilities are wholly unrelated to the entity's video-programming activities. In the case of common or appointed directors and officers, if common or appointed directors or officers have duties and responsibilities that are wholly unrelated to video-programming activities for both entities, the relevant entity may request the Commission to waive attribution of the director or officer. The officers and directors of a parent company of a video-programming business, with an attributable interest in any such subsidiary entity, shall be deemed to have a cognizable interest in the subsidiary unless the duties and responsibilities of the officer or director involved are wholly unrelated to the video-programming subsidiary, and a certification properly documenting this fact is submitted to the Commission. The officers and directors of a sister corporation of a cable system shall not be attributed with ownership of that entity by virtue of such status. [ 58 FR 60141 , Nov. 15, 1993, as amended at 64 FR 67196 , Dec. 1, 1999; 65 FR 53615 , Sept. 5, 2000; 85 FR 73429 , Nov. 18, 2020] § 76.505 Prohibition on buy outs. ( a ) No local exchange carrier or any affiliate of such carrier owned by, operated by, controlled by, or under common control with such carrier may purchase or otherwise acquire directly or indirectly more than a 10 percent financial interest, or any management interest, in any cable operator providing cable service within the local exchange carrier's telephone service area. ( b ) No cable operator or affiliate of a cable operator that is owned by, operated by, controlled by, or under common ownership with such cable operator may purchase or otherwise acquire, directly or indirectly, more than a 10 percent financial interest, or any management interest, in any local exchange carrier providing telephone exchange service within such cable operator's franchise area. ( c ) A local exchange carrier and a cable operator whose telephone service area and cable franchise area, respectively, are in the same market may not enter into any joint venture or partnership to provide video programming directly to subscribers or to provide telecommunications services within such market. ( d ) Exceptions: ( 1 ) Notwithstanding paragraphs (a) , (b) , and (c) of this section, a local exchange carrier (with respect to a cable system located in its telephone service area) and a cable operator (with respect to the facilities of a local exchange carrier used to provide telephone exchange service in its cable franchise area) may obtain a controlling interest in, management interest in, or enter into a joint venture or partnership with the operator of such system or facilities for the use of such system or facilities to the extent that: ( i ) Such system or facilities only serve incorporated or unincorporated : ( A ) Places or territories that have fewer than 35,000 inhabitants; and ( B ) Are outside an urbanized area, as defined by the Bureau of the Census; and ( ii ) In the case of a local exchange carrier, such system, in the aggregate with any other system in which such carrier has an interest, serves less than 10 percent of the households in the telephone service area of such carrier. ( 2 ) Notwithstanding paragraph (c) of this section, a local exchange carrier may obtain, with the concurrence of the cable operator on the rates, terms, and conditions, the use of that part of the transmission facilities of a cable system extending from the last multi-user terminal to the premises of the end user, if such use is reasonably limited in scope and duration, as determined by the Commission. ( 3 ) Notwithstanding paragraphs (a) and (c) of this section, a local exchange carrier may obtain a controlling interest in, or form a joint venture or other partnership with, or provide financing to, a cable system (hereinafter in this paragraph referred to as “the subject cable system”) if: ( i ) The subject cable system operates in a television market that is not in the top 25 markets, and such market has more than 1 cable system operator, and the subject cable system is not the cable system with the most subscribers in such television market; ( ii ) The subject cable system and the cable system with the most subscribers in such television market held on May 1, 1995, cable television franchises from the largest municipality in the television market and the boundaries of such franchises were identical on such date; ( iii ) The subject cable system is not owned by or under common ownership or control of any one of the 50 cable system operators with the most subscribers as such operators existed on May 1, 1995; and ( iv ) The system with the most subscribers in the television market is owned by or under common ownership or control of any one of the 10 largest cable system operators as such operators existed on May 1, 1995. ( 4 ) Paragraph (a) of this section does not apply to any cable system if: ( i ) The cable system serves no more than 17,000 cable subscribers, of which no less than 8,000 live within an urban area, and no less than 6,000 live within a nonurbanized area as of June 1, 1995; ( ii ) The cable system is not owned by, or under common ownership or control with, any of the 50 largest cable system operators in existence on June 1, 1995; and ( iii ) The cable system operates in a television market that was not in the top 100 television markets as of June 1, 1995. ( 5 ) Notwithstanding paragraphs (a) and (c) of this section, a local exchange carrier with less than $100,000,000 in annual operating revenues (or any affiliate of such carrier owned by, operated by, controlled by, or under common control with such carrier) may purchase or otherwise acquire more than a 10 percent financial interest in, or any management interest in, or enter into a joint venture or partnership with, any cable system within the local exchange carrier's telephone service area that serves no more than 20,000 cable subscribers, if no more than 12,000 of those subscribers live within an urbanized area, as defined by the Bureau of the Census. ( 6 ) The Commission may waive the restrictions of paragraphs (a) , (b) , or (c) of this section only if: ( i ) The Commission determines that, because of the nature of the market served by the affected cable system or facilities used to provide telephone exchange service: ( A ) The affected cable operator or local exchange carrier would be subjected to undue economic distress by the enforcement of such provisions; ( B ) The system or facilities would not be economically viable if such provisions were enforced; or ( C ) The anticompetitive effects of the proposed transaction are clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs of the community to be served; and ( ii ) The local franchising authority approves of such waiver. ( e ) For purposes of this section, the term “telephone service area” when used in connection with a common carrier subject in whole or in part to title II of the Communications Act means the area within which such carrier provided telephone exchange service as of January 1, 1993, but if any common carrier after such date transfers its telephone exchange service facilities to another common carrier, the area to which such facilities provide telephone exchange service shall be treated as part of the telephone service area of the acquiring common carrier and not of the selling common carrier. ( f ) For purposes of this section, entities are affiliated if either entity has an attributable interest in the other or if a third party has an attributable interest in both entities. ( g ) Attributable interest shall be defined by reference to the criteria set forth in Notes 1 through 5 to § 76.501 . [ 61 FR 18977 , Apr. 30, 1996, as amended at 64 FR 67196 , Dec. 1, 1999] Subpart K—Technical Standards § 76.601 Performance tests. ( a ) The operator of each cable television system shall be responsible for insuring that each such system is designed, installed, and operated in a manner that fully complies with the provisions of this subpart. ( b ) The operator of each cable television system that operates NTSC or similar channels shall conduct performance tests of the analog channels on that system at least twice each calendar year (at intervals not to exceed seven months), unless otherwise noted below. The performance tests shall be directed at determining the extent to which the system complies with all the technical standards set forth in § 76.605 and shall be as follows: ( 1 ) For cable television systems with 1,000 or more subscribers but with 12,500 or fewer subscribers, proof-of-performance tests conducted pursuant to this section shall include measurements taken at six (6) widely separated points. However, within each cable system, one additional test point shall be added for every additional 12,500 subscribers or fraction thereof (e.g., 7 test points if 12,501 to 25,000 subscribers; 8 test points if 25,001 to 37,500 subscribers, etc.). In addition, for technically integrated portions of cable systems that are not mechanically continuous (e.g., employing microwave connections), at least one test point will be required for each portion of the cable system served by a technically integrated hub. The proof-of-performance test points chosen shall be balanced to represent all geographic areas served by the cable system. At least one-third of the test points shall be representative of subscriber terminals most distant from the system input and from each microwave receiver (if microwave transmissions are employed), in terms of cable length. The measurements may be taken at convenient monitoring points in the cable network provided that data shall be included to relate the measured performance of the system as would be viewed from a nearby subscriber terminal. An identification of the instruments, including the makes, model numbers, and the most recent date of calibration, a description of the procedures utilized, and a statement of the qualifications of the person performing the tests shall also be included. ( 2 ) Proof-of-performance tests to determine the extent to which a cable television system complies with the standards set forth in § 76.605(b)(3) , (4) , and (5) shall be made on each of the NTSC or similar video channels of that system. Unless otherwise noted, proof-of-performance tests for all other standards in § 76.605(b) shall be made on a minimum of five (5) channels for systems operating a total activated channel capacity of less than 550 MHz, and ten (10) channels for systems operating a total activated channel capacity of 550 MHz or greater. The channels selected for testing must be representative of all the channels within the cable television system. ( i ) The operator of each cable television system that operates NTSC or similar channels shall conduct semi-annual proof-of-performance tests of that system, to determine the extent to which the system complies with the technical standards set forth in § 76.605(b)(4) as follows. The visual signal level on each channel shall be measured and recorded, along with the date and time of the measurement, once every six hours (at intervals of not less than five hours or no more than seven hours after the previous measurement), to include the warmest and the coldest times, during a 24-hour period in January or February and in July or August. ( ii ) The operator of each cable television system that operates NTSC or similar channels shall conduct triennial proof-of-performance tests of its system to determine the extent to which the system complies with the technical standards set forth in § 76.605(b)(11) . ( c ) Successful completion of the performance tests required by paragraph (b) of this section does not relieve the system of the obligation to comply with all pertinent technical standards at all subscriber terminals. Additional tests, repeat tests, or tests involving specified subscriber terminals may be required by the Commission or the local franchiser to secure compliance with the technical standards. ( d ) The provisions of paragraphs (b) and (c) of this section shall not apply to any cable television system having fewer than 1,000 subscribers: Provided, however, that any cable television system using any frequency spectrum other than that allocated to over-the-air television and FM broadcasting (as described in §§ 73.603 and 73.210 of this chapter ) is required to conduct all tests, measurements and monitoring of signal leakage that are required by this subpart. A cable television system operator complying with the monitoring, logging and the leakage repair requirements of § 76.614 , shall be considered to have met the requirements of this paragraph. However, the leakage log shall be retained for five years rather than the two years prescribed in § 76.1706 . Note 1 to § 76.601 : Prior to requiring any additional testing pursuant to § 76.601(c) , the local franchising authority shall notify the cable operator who will be allowed thirty days to come into compliance with any perceived signal quality problems which need to be corrected. The Commission may request cable operators to test their systems at any time. Note 2 to § 76.601 : Section 76.1717 contains recordkeeping requirements for each system operator in order to show compliance with the technical rules of this subpart. Note 3 to § 76.601 : Section 76.1704 contains recordkeeping requirements for proof of performance tests. [ 65 FR 53615 , Sept. 5, 2000, as amended at 83 FR 7627 , Feb. 22, 2018] § 76.602 Incorporation by reference. ( a ) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . To enforce any edition other than that specified in this section, the FCC must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the sources in the following paragraphs of this section. ( b ) The following materials are available from Advanced Television Systems Committee (ATSC), 1776 K Street NW., 8th Floor, Washington, DC 20006; phone: 202-872-9160; or online at http://www.atsc.org/standards.html . ( 1 ) ATSC A/65B: “ATSC Standard: Program and System Information Protocol for Terrestrial Broadcast and Cable (Revision B),” March 18, 2003, IBR approved for § 76.640 . ( 2 ) ATSC A/85:2013 “ATSC Recommended Practice: Techniques for Establishing and Maintaining Audio Loudness for Digital Television,” (March 12, 2013) (“ATSC A/85 RP”), IBR approved for § 76.607 . ( c ) The following materials are available from the Consumer Technology Association (formerly the Consumer Electronics Association), 1919 S Eads St., Arlington, VA 22202; phone: 703-907-7600; web: standards.cta.tech/kwspub/published_docs/. ( 1 ) CTA-542-D, “Cable Television Channel Identification Plan,” June 2013, IBR approved for § 76.605 . ( 2 ) CEA-931-A, “Remote Control Command Pass-through Standard for Home Networking,” 2003, IBR approved for § 76.640 . (CEA-931-A is available through the document history of “CTA-931” from the reseller in paragraph (e)(2) of this section.) ( d ) The following materials are available from Society of Cable Telecommunications Engineers (SCTE), 140 Philips Road Exton, PA 19341-1318; phone: 800-542-5040; or online at http://www.scte.org/standards/Standards_Available.aspx . ( 1 ) ANSI/SCTE 26 2001 (formerly DVS 194): “Home Digital Network Interface Specification with Copy Protection,” 2001, IBR approved for § 76.640 . ( 2 ) SCTE 28 2003 (formerly DVS 295): “Host-POD Interface Standard,” 2003, IBR approved for § 76.640 . ( 3 ) ANSI/SCTE 40 2016, “Digital Cable Network Interface Standard,” copyright 2016, IBR approved for §§ 76.605 , 76.640 . ( 4 ) SCTE 41 2003 (formerly DVS 301): “POD Copy Protection System,” 2003, IBR approved for § 76.640 . ( 5 ) ANSI/SCTE 54 2003 (formerly DVS 241), “Digital Video Service Multiplex and Transport System Standard for Cable Television,” 2003, IBR approved for § 76.640 . ( 6 ) ANSI/SCTE 65 2002 (formerly DVS 234), “Service Information Delivered Out-of-Band for Digital Cable Television,” 2002, IBR approved for § 76.640 . ( e ) Some standards listed above are also available for purchase from the following sources: ( 1 ) American National Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036; phone: 212-642-4980; or online at http://webstore.ansi.org/ . ( 2 ) Global Engineering Documents (standards reseller), 15 Inverness Way East, Englewood, CO 80112; phone: 800-854-7179; or online at http://global.ihs.com . [ 77 FR 40300 , July 9, 2012, as amended at 79 FR 51113 , Aug. 27, 2014; 83 FR 7627 , Feb. 22, 2018; 85 FR 64409 , Oct. 13, 2020; 88 FR 21448 , Apr. 10, 2023] § 76.605 Technical standards. ( a ) The following requirements apply to the performance of a cable television system as measured at the input to any terminal device with a matched impedance at the termination point or at the output of the modulating or processing equipment (generally the headend) of the cable television system or otherwise noted here or in ANSI/SCTE 40 2016. The requirements of paragraph (b) of this section are applicable to each NTSC or similar video downstream cable television channel in the system. Each cable system that uses QAM modulation to transport video programming shall adhere to ANSI/SCTE 40 2016 (incorporated by reference, see § 76.602 ). Cable television systems utilizing other technologies to distribute programming must respond to consumer complaints under paragraph (d) of this section. ( b ) For each NTSC or similar video downstream cable television channel in the system: ( 1 ) The cable television channels delivered to the subscriber's terminal shall be capable of being received and displayed by TV broadcast receivers used for off-the-air reception of TV broadcast signals, as authorized under part 73 of this chapter ; and cable television systems shall transmit signals to subscriber premises equipment on frequencies in accordance with the channel allocation plan set forth in CTA-542-D (incorporated by reference, see § 76.602 ). ( 2 ) The aural center frequency of the aural carrier must be 4.5 MHz ±5 kHz above the frequency of the visual carrier at the output of the modulating or processing equipment of a cable television system, and at the subscriber terminal. ( 3 ) The visual signal level, across a terminating impedance which correctly matches the internal impedance of the cable system as viewed from the subscriber terminal, shall not be less than 1 millivolt across an internal impedance of 75 ohms (0 dBmV). Additionally, as measured at the end of a 30 meter (100 foot) cable drop that is connected to the subscriber tap, it shall not be less than 1.41 millivolts across an internal impedance of 75 ohms (+3 dBmV). (At other impedance values, the minimum visual signal level, as viewed from the subscriber terminal, shall be the square root of 0.0133 (Z) millivolts and, as measured at the end of a 30 meter (100 foot) cable drop that is connected to the subscriber tap, shall be 2 times the square root of 0.00662(Z) millivolts, where Z is the appropriate impedance value.) ( 4 ) The visual signal level on each channel, as measured at the end of a 30 meter cable drop that is connected to the subscriber tap, shall not vary more than 8 decibels within any six-month interval, which must include four tests performed in six-hour increments during a 24-hour period in July or August and during a 24-hour period in January or February, and shall be maintained within: ( i ) 3 decibels (dB) of the visual signal level of any visual carrier within a 6 MHz nominal frequency separation; ( ii ) 10 dB of the visual signal level on any other channel on a cable television system of up to 300 MHz of cable distribution system upper frequency limit, with a 1 dB increase for each additional 100 MHz of cable distribution system upper frequency limit (e.g., 11 dB for a system at 301-400 MHz; 12 dB for a system at 401-500 MHz, etc.); and ( iii ) A maximum level such that signal degradation due to overload in the subscriber's receiver or terminal does not occur. ( 5 ) The rms voltage of the aural signal shall be maintained between 10 and 17 decibels below the associated visual signal level. This requirement must be met both at the subscriber terminal and at the output of the modulating and processing equipment (generally the headend). For subscriber terminals that use equipment which modulate and remodulate the signal (e.g., baseband converters), the rms voltage of the aural signal shall be maintained between 6.5 and 17 decibels below the associated visual signal level at the subscriber terminal. ( 6 ) The amplitude characteristic shall be within a range of ±2 decibels from 0.75 MHz to 5.0 MHz above the lower boundary frequency of the cable television channel, referenced to the average of the highest and lowest amplitudes within these frequency boundaries. The amplitude characteristic shall be measured at the subscriber terminal. ( 7 ) The ratio of RF visual signal level to system noise shall not be less than 43 decibels. For class I cable television channels, the requirements of this section are applicable only to: ( i ) Each signal which is delivered by a cable television system to subscribers within the predicted Grade B or noise-limited service contour, as appropriate, for that signal; ( ii ) Each signal which is first picked up within its predicted Grade B or noise-limited service contour, as appropriate; ( iii ) Each signal that is first received by the cable television system by direct video feed from a TV broadcast station, a low power TV station, or a TV translator station. ( 8 ) The ratio of visual signal level to the rms amplitude of any coherent disturbances such as intermodulation products, second and third order distortions or discrete-frequency interfering signals not operating on proper offset assignments shall be as follows: ( i ) The ratio of visual signal level to coherent disturbances shall not be less than 51 decibels for noncoherent channel cable television systems, when measured with modulated carriers and time averaged; and ( ii ) The ratio of visual signal level to coherent disturbances which are frequency-coincident with the visual carrier shall not be less than 47 decibels for coherent channel cable systems, when measured with modulated carriers and time averaged. ( 9 ) The terminal isolation provided to each subscriber terminal: ( i ) Shall not be less than 18 decibels. In lieu of periodic testing, the cable operator may use specifications provided by the manufacturer for the terminal isolation equipment to meet this standard; and ( ii ) Shall be sufficient to prevent reflections caused by open-circuited or short-circuited subscriber terminals from producing visible picture impairments at any other subscriber terminal. ( 10 ) The peak-to-peak variation in visual signal level caused by undesired low frequency disturbances (hum or repetitive transients) generated within the system, or by inadequate low frequency response, shall not exceed 3 percent of the visual signal level. Measurements made on a single channel using a single unmodulated carrier may be used to demonstrate compliance with this parameter at each test location. ( 11 ) The following requirements apply to the performance of the cable television system as measured at the output of the modulating or processing equipment (generally the headend) of the system: ( i ) The chrominance-luminance delay inequality (or chroma delay), which is the change in delay time of the chrominance component of the signal relative to the luminance component, shall be within 170 nanoseconds. ( ii ) The differential gain for the color subcarrier of the television signal, which is measured as the difference in amplitude between the largest and smallest segments of the chrominance signal (divided by the largest and expressed in percent), shall not exceed ±20%. ( iii ) The differential phase for the color subcarrier of the television signal which is measured as the largest phase difference in degrees between each segment of the chrominance signal and reference segment (the segment at the blanking level of 0 IRE), shall not exceed ±10 degrees. ( c ) As an exception to the general provision requiring measurements to be made at subscriber terminals, and without regard to the type of signals carried by the cable television system, signal leakage from a cable television system shall be measured in accordance with the procedures outlined in § 76.609(h) and shall be limited as shown in table 1 to paragraph (c): Table 1 to Paragraph ( c ) Frequencies Signal leakage limit Distance in meters (m) Analog signals less than and including 54 MHz, and over 216 MHz 15 µV/m 30 Digital signals less than and including 54 MHz, and over 216 MHz 13.1 µV/m 30 Analog signals over 54 MHz up to and including 216 MHz 20 µV/m 3 Digital signals over 54 MHz up to and including 216 MHz 17.4 µV/m 3 ( d ) Cable television systems distributing signals by methods other than 6 MHz NTSC or similar analog channels or 6 MHz QAM or similar channels on conventional coaxial or hybrid fiber-coaxial cable systems and which, because of their basic design, cannot comply with one or more of the technical standards set forth in paragraphs (a) and (b) of this section, are permitted to operate without Commission approval, provided that the operators of those systems adhere to all other applicable Commission rules and respond to consumer and local franchising authorities regarding industry-standard technical operation as set forth in their local franchise agreements and consistent with § 76.1713 . Note 1: Local franchising authorities of systems serving fewer than 1,000 subscribers may adopt standards less stringent than those in § 76.605(a) and (b) . Any such agreement shall be reduced to writing and be associated with the system's proof-of-performance records. Note 2: For systems serving rural areas as defined in § 76.5 , the system may negotiate with its local franchising authority for standards less stringent than those in § 76.605(b)(3) , (7) , (8) , (10) and (11) . Any such agreement shall be reduced to writing and be associated with the system's proof-of-performance records. Note 3: The requirements of this section shall not apply to devices subject to the TV interface device rules under part 15 of this chapter . Note 4: Should subscriber complaints arise from a system failing to meet § 76.605(b)(10) , the cable operator will be required to remedy the complaint and perform test measurements on § 76.605(b)(10) containing the full number of channels as indicated in § 76.601(b)(2) at the complaining subscriber's terminal. Further, should the problem be found to be system-wide, the Commission may order that the full number of channels as indicated in § 76.601(b)(2) be tested at all required locations for future proof-of-performance tests. Note 5: No State or franchising authority may prohibit, condition, or restrict a cable system's use of any type of subscriber equipment or any transmission technology. [ 83 FR 7627 , Feb. 22, 2018] § 76.606 Closed captioning. ( a ) The operator of each cable television system shall not take any action to remove or alter closed captioning data contained on line 21 of the vertical blanking interval. ( b ) The operator of each cable television system shall deliver intact closed captioning data contained on line 21 of the vertical blanking interval, as it arrives at the headend or from another origination source, to subscriber terminals and (when so delivered to the cable system) in a format that can be recovered and displayed by decoders meeting § 79.101 of this chapter . [ 83 FR 7629 , Feb. 22, 2018] § 76.607 Transmission of commercial advertisements. ( a ) Transmission of commercial advertisements by cable operator or other multichannel video programming distributor. ( 1 ) Mandatory compliance with ATSC A/85 RP. Effective December 13, 2012, cable operators and other multichannel video programming distributors (MVPDs), as defined in 47 U.S.C. 522 , must comply with ATSC A/85 RP (incorporated by reference, see § 76.602 ), insofar as it concerns the transmission of commercial advertisements. ( 2 ) Commercials inserted by cable operator or other MVPD. A cable operator or other multichannel video programming distributor that installs, utilizes, and maintains in a commercially reasonable manner the equipment and associated software to comply with ATSC A/85 RP shall be deemed in compliance with respect to locally inserted commercials, which for the purposes of this provision are commercial advertisements added to a programming stream by a cable operator or other MVPD prior to or at the time of transmission to viewers. In order to be considered to have installed, utilized and maintained the equipment and associated software in a commercially reasonable manner, a cable operator or other MVPD must: ( i ) Install, maintain and utilize equipment to properly measure the loudness of the content and to ensure that the dialnorm metadata value correctly matches the loudness of the content when encoding the audio into AC-3 for transmitting the content to the consumer; ( ii ) Provide records showing the consistent and ongoing use of this equipment in the regular course of business and demonstrating that the equipment has undergone commercially reasonable periodic maintenance and testing to ensure its continued proper operation; ( iii ) Certify that it either has no actual knowledge of a violation of the ATSC A/85 RP, or that any violation of which it has become aware has been corrected promptly upon becoming aware of such a violation; and ( iv ) Certify that its own transmission equipment is not at fault for any pattern or trend of complaints. ( 3 ) Embedded commercials—safe harbor. With respect to embedded commercials, which, for the purposes of this provision, are those commercial advertisements placed into the programming stream by a third party ( i.e., programmer) and passed through by the cable operator or other MVPD to viewers, a cable operator or other MVPD must certify that its own transmission equipment is not at fault for any pattern or trend of complaints, and may demonstrate compliance with the ATSC A/85 RP through one of the following methods: ( i ) Relying on a network's or other programmer's certification of compliance with the ATSC A/85 RP with respect to commercial programming, provided that: ( A ) The certification is widely available by Web site or other means to any television broadcast station, cable operator, or multichannel video programming distributor that transmits that programming; and ( B ) The cable operator or other MVPD has no reason to believe that the certification is false; and ( C ) The cable operator or other MVPD performs a spot check, as defined in § 76.607(a)(3)(iv)(A) , (B) , (D) , and (E) , on the programming in response to an enforcement inquiry concerning a pattern or trend of complaints regarding commercials contained in that programming; ( ii ) If transmitting any programming that is not certified as described in § 76.607(a)(3)(i) : ( A ) A cable operator or other MVPD that had 10,000,000 subscribers or more as of December 31, 2011 must perform annual spot checks, as defined in § 76.607(a)(3)(iv)(A) , (B) , (C) , and (E) , of all the non-certified commercial programming it receives from a network or other programmer that is carried by any system operated by the cable operator or other MVPD, and perform a spot check, as defined in § 76.607(a)(3)(iv)(A) , (B) , (D) , and (E) , on programming in response to an enforcement inquiry concerning a pattern or trend of complaints regarding commercials contained in that programming; and ( B ) A cable operator or other MVPD that had fewer than 10,000,000 but more than 400,000 subscribers as of December 31, 2011, must perform annual spot checks, as defined in § 76.607(a)(3)(iv)(A) , (B) , (C) , and (E) , of a randomly chosen 50 percent of the non-certified commercial programming it receives from a network or other programmer that is carried by any system operated by the cable operator or other MVPD, and perform a spot check, as defined in § 76.607(a)(3)(iv)(A) , (B) , (D) , and (E) , on programming in response to an enforcement inquiry concerning a pattern or trend of complaints regarding commercials contained in that programming; or ( iii ) A cable operator or other MVPD that had fewer than 400,000 subscribers as of December 31, 2011, need not perform annual spot checks but must perform a spot check, as defined in § 76.607(a)(3)(iv)(A) , (B) , (D) , and (E) , on programming in response to an enforcement inquiry concerning a pattern or trend of complaints regarding commercials contained in that programming. ( iv ) For the purposes of this section, a “spot check” of embedded commercials requires monitoring 24 uninterrupted hours of programming with an audio loudness meter compliant with the ATSC A/85 RP's measurement technique, and reviewing the records from that monitoring to detect any commercials transmitted in violation of the ATSC A/85 RP. The cable operator or other MVPD must not inform the network or programmer of the spot check prior to performing it. ( A ) Spot-checking must be conducted after the signal has passed through the cable operator or other MVPD's processing equipment (e.g., at the output of a set-top box). If a problem is found, the cable operator or other MVPD must determine the source of the noncompliance. ( B ) To be considered valid, the cable operator or other MVPD must demonstrate appropriate maintenance records for the audio loudness meter. ( C ) With reference to the annual “safe harbor” spot check in § 76.607(a)(3)(ii) : ( 1 ) To be considered valid, the cable operator or other—MVPD must demonstrate, at the time of any enforcement inquiry, that appropriate spot checks had been ongoing. ( 2 ) If there is no single 24 hour period in which all programmers of a given channel are represented, an annual spot check could consist of a series of loudness measurements over the course of a 7 day period, totaling no fewer than 24 hours, that measure at least one program, in its entirety, provided by each non-certified programmer that supplies programming for that channel. ( 3 ) If annual spot checks are performed for two consecutive years without finding evidence of noncompliance with the ATSC A/85 RP, no further annual spot checks are required to remain in the safe harbor for existing programming. ( 4 ) Newly-added (or newly de-certified) non-certified channels must be spot-checked annually using the approach described in this section. If annual spot checks of the channel are performed for two consecutive years without finding evidence of noncompliance with the ATSC A/85 RP, no further annual spot checks are required to remain in the safe harbor for that channel. ( 5 ) Even after the two year period, if a spot check shows noncompliance on a non-certified channel, the cable operator or other MVPD must once again perform annual spot checks of that channel to be in the safe harbor for that programming. If these renewed annual spot checks are performed for two consecutive years without finding additional evidence of noncompliance with the ATSC A/85 RP, no further annual spot checks are required to remain in the safe harbor for that channel. ( D ) With reference to the spot checks in response to an enforcement inquiry pursuant to § 76.607(a)(3)(i)(C) , (ii) , or (iii) : ( 1 ) If notified of a pattern or trend of complaints, the cable operator or other MVPD must perform the 24-hour spot check of the channel or programming at issue within 30 days or as otherwise specified by the Enforcement Bureau; and ( 2 ) If the spot check reveals actual compliance, the cable operator or other MVPD must notify the Commission in its response to the enforcement inquiry. ( E ) If any spot check shows noncompliance with the ATSC A/85 RP, the cable operator or other MVPD must notify the Commission and the network or programmer within 7 days, direct the programmer's attention to any relevant complaints, and must perform a follow-up spot check within 30 days of providing such notice. The cable operator or other MVPD must notify the Commission and the network or programmer of the results of the follow-up spot check. Notice to the Federal Communications Commission must be provided to the Chief, Investigations and Hearings Division, Enforcement Bureau, or as otherwise directed in a Letter of Inquiry to which the cable operator or other MVPD is responding. ( 1 ) If the follow-up spot check shows compliance with the ATSC A/85 RP, the cable operator or other MVPD remains in the safe harbor for that channel or programming. ( 2 ) If the follow-up spot check shows noncompliance with the ATSC A/85 RP, the cable operator or other MVPD will not be in the safe harbor with respect to commercials contained in programming for which the spot check showed noncompliance until a subsequent spot check shows that the programming is in compliance. ( 4 ) Use of a real-time processor. A cable operator or other MVPD that installs, maintains and utilizes a real-time processor in a commercially reasonable manner will be deemed in compliance with the ATSC A/85 RP with regard to any commercial advertisements on which it uses such a processor, so long as it also: ( i ) Provides records showing the consistent and ongoing use of this equipment in the regular course of business and demonstrating that the equipment has undergone commercially reasonable periodic maintenance and testing to ensure its continued proper operation; ( ii ) Certifies that it either has no actual knowledge of a violation of the ATSC A/85 RP, or that any violation of which it has become aware has been corrected promptly upon becoming aware of such a violation; and ( iii ) Certifies that its own transmission equipment is not at fault for any pattern or trend of complaints. ( 5 ) Commercials locally inserted by a cable operator or other MVPD's agent—safe harbor. With respect to commercials locally inserted, which for the purposes of this provision are commercial advertisements added to a programming stream for the cable operator or other MVPD by a third party after it has been received from the programmer but prior to or at the time of transmission to viewers, a cable operator or other MVPD may demonstrate compliance with the ATSC A/85 RP by relying on the third party local inserter's certification of compliance with the ATSC A/85 RP, provided that: ( i ) The cable operator or other MVPD has no reason to believe that the certification is false; ( ii ) The cable operator or other MVPD certifies that its own transmission equipment is not at fault for any pattern or trend of complaints; and ( iii ) The cable operator or other MVPD performs a spot check, as defined in § 76.607(a)(3)(iv)(A) , (B) , (D) , and (E) , on the programming at issue in response to an enforcement inquiry concerning a pattern or trend of complaints regarding commercials inserted by that third party. ( 6 ) Instead of demonstrating compliance pursuant to paragraphs (a)(2) through (5) of this section, a cable operator or other MVPD may demonstrate compliance with paragraph (a)(1) of this section in response to an enforcement inquiry prompted by a pattern or trend of complaints by demonstrating actual compliance with ATSC A/85 RP with regard to the commercial advertisements that are the subject of the inquiry, and certifying that its own transmission equipment is not at fault for any such pattern or trend of complaints. Note to § 76.607 ( a ): For additional information regarding this requirement, see Implementation of the Commercial Advertisement Loudness Mitigation (CALM) Act, FCC 11-182. ( b ) [Reserved] [ 77 FR 40300 , July 9, 2012] § 76.609 Measurements. ( a ) Measurements made to demonstrate conformity with the performance requirements set forth in §§ 76.601 and 76.605 shall be made under conditions which reflect system performance during normal operations, including the effect of any microwave relay operated in the Cable Television Relay (CARS) Service intervening between pickup antenna and the cable distribution network. Amplifiers shall be operated at normal gains, either by the insertion of appropriate signals or by manual adjustment. Special signals inserted in a cable television channel for measurement purposes should be operated at levels approximating those used for normal operation. Pilot tones, auxiliary or substitute signals, and nontelevision signals normally carried on the cable television system should be operated at normal levels to the extent possible. Some exemplary, but not mandatory, measurement procedures are set forth in this section. ( b ) When it may be necessary to remove the television signal normally carried on a cable television channel in order to facilitate a performance measurement, it will be permissible to disconnect the antenna which serves the channel under measurement and to substitute therefor a matching resistance termination. Other antennas and inputs should remain connected and normal signal levels should be maintained on other channels. ( c ) As may be necessary to ensure satisfactory service to a subscriber, the Commission may require additional tests to demonstrate system performance or may specify the use of different test procedures. ( d ) The frequency response of a cable television channel may be determined by one of the following methods, as appropriate: ( 1 ) By using a swept frequency or a manually variable signal generator at the sending end and a calibrated attenuator and frequency-selective voltmeter at the subscriber terminal; or ( 2 ) By using either a multiburst generator or vertical interval test signals and either a modulator or processor at the sending end, and by using either a demodulator and either an oscilloscope display or a waveform monitor display at the subscriber terminal. ( e ) System noise may be measured using a frequency-selective voltmeter (field strength meter) which has been suitably calibrated to indicate rms noise or average power level and which has a known bandwidth. With the system operating at normal level and with a properly matched resistive termination substituted for the antenna, noise power indications at the subscriber terminal are taken in successive increments of frequency equal to the bandwidth of the frequency-selective voltmeter, summing the power indications to obtain the total noise power present over a 4 MHz band centered within the cable television channel. If it is established that the noise level is constant within this bandwidth, a single measurement may be taken which is corrected by an appropriate factor representing the ratio of 4 MHz to the noise bandwidth of the frequency-selective voltmeter. If an amplifier is inserted between the frequency-selective voltmeter and the subscriber terminal in order to facilitate this measurement, it should have a bandwidth of at least 4 MHz and appropriate corrections must be made to account for its gain and noise figure. Alternatively, measurements made in accordance with the NCTA Recommended Practices for Measurements on Cable Television Systems, 2nd edition, November 1989, on noise measurement may be employed. ( f ) The amplitude of discrete frequency interfering signals within a cable television channel may be determined with either a spectrum analyzer or with a frequency-selective voltmeter (field strength meter), which instruments have been calibrated for adequate accuracy. If calibration accuracy is in doubt, measurements may be referenced to a calibrated signal generator, or a calibrated variable attenuator, substituted at the point of measurement. If an amplifier is used between the subscriber terminal and the measuring instrument, appropriate corrections must be made to account for its gain. ( g ) The terminal isolation between any two terminals in the cable television system may be measured by applying a signal of known amplitude to one terminal and measuring the amplitude of that signal at the other terminal. The frequency of the signal should be close to the midfrequency of the channel being tested. Measurements of terminal isolation are not required when either: ( 1 ) The manufacturer's specifications for subscriber tap isolation based on a representative sample of no less than 500 subscribers taps or ( 2 ) Laboratory tests performed by or for the operator of a cable television system on a representative sample of no less than 50 subscriber taps, indicates that the terminal isolation standard of § 76.605(a)(9) is met. To demonstrate compliance with § 76.605(a)(9) , the operator of a cable television system shall attach either such manufacturer's specifications or laboratory measurements as an exhibit to each proof-of-performance record. ( h ) Measurements to determine the field strength of the signal leakage emanated by the cable television system shall be made in accordance with standard engineering procedures. Measurements made on frequencies above 25 MHz shall include the following: ( 1 ) A field strength meter of adequate accuracy using a horizontal dipole antenna shall be employed. ( 2 ) Field strength shall be expressed in terms of the rms value of synchronizing peak for each cable television channel for which signal leakage can be measured. ( 3 ) The resonant half wave dipole antenna shall be placed 3 meters from and positioned directly below the system components and at 3 meters above ground. Where such placement results in a separation of less than 3 meters between the center of the dipole antenna and the system components, or less than 3 meters between the dipole and ground level, the dipole shall be repositioned to provide a separation of 3 meters from the system components at a height of 3 meters or more above ground. ( 4 ) The horizontal dipole antenna shall be rotated about a vertical axis and the maximum meter reading shall be used. ( 5 ) Measurements shall be made where other conductors are 3 or more meters (10 or more feet) away from the measuring antenna. ( i ) For systems using cable traps and filters to control the delivery of specific channels to the subscriber terminal, measurements made to determine compliance with § 76.605(a) (5) and (6) may be performed at the location immediately prior to the trap or filter for the specific channel. The effects of these traps or filters, as certified by the system engineer or the equipment manufacturer, must be attached to each proof-of-performance record. ( j ) Measurements made to determine the differential gain, differential phase and the chrominance-luminance delay inequality (chroma delay) shall be made in accordance with the NCTA Recommended Practices for Measurements on Cable Television Systems, 2nd edition, November 1989, on these parameters. [ 37 FR 3278 , Feb. 12, 1972, as amended at 37 FR 13867 , July 14, 1972; 41 FR 10067 , Mar. 9, 1976; 42 FR 21782 , Apr. 29, 1977; 49 FR 45441 , Nov. 16, 1984; 57 FR 11004 , Apr. 1, 1992; 57 FR 61011 , Dec. 23, 1992; 58 FR 44952 , Aug. 25, 1993] § 76.610 Operation in the frequency bands 108-137 MHz and 225-400 MHz—scope of application. The provisions of §§ 76.605(d) , 76.611 , 76.612 , 76.613 , 76.614 , 76.616 , 76.617 , 76.1803 and 76.1804 are applicable to all MVPDs (cable and non-cable) transmitting analog carriers or other signal components carried at an average power level equal to or greater than 100 microwatts across a 25 kHz bandwidth in any 160 microsecond period or transmitting digital carriers or other signal components at an average power level of 75.85 microwatts across a 25 kHz bandwidth in any 160 microsecond period at any point in the cable distribution system in the frequency bands 108-137 and 225-400 MHz for any purpose. Exception: Non-cable MVPDs serving less than 1000 subscribers and less than 1,000 units do not have to comply with § 76.1803 . [ 83 FR 7629 , Feb. 22, 2018] § 76.611 Cable television basic signal leakage performance criteria. ( a ) No cable television system shall commence or provide service in the frequency bands 108-137 and 225-400 MHz unless such systems is in compliance with one of the following cable television basic signal leakage performance criteria: ( 1 ) Prior to carriage of signals in the aeronautical radio bands and at least once each calendar year, with no more than 12 months between successive tests thereafter, based on a sampling of at least 75% of the cable strand, and including any portion of the cable system which are known to have or can reasonably be expected to have less leakage integrity than the average of the system, the cable operator demonstrates compliance with a cumulative signal leakage index by showing that 10 log I ∞ is equal to or less than 64 using the following formula: θ is the fraction of the system cable length actually examined for leakage sources and is equal to the strand kilometers (strand miles) of plant tested divided by the total strand kilometers (strand miles) in the plant; E i is the electric field strength in microvolts per meter (µV/m) measured 3 meters from the leak i; and n is the number of leaks found of field strength equal to or greater than 50 µV/m measured pursuant to § 76.609(h) . The sum is carried over all leaks i detected in the cable examined; or ( 2 ) Prior to carriage of signals in the aeronautical radio bands and at least once each calendar year, with no more than 12 months between successive tests thereafter, the cable operator demonstrates by measurement in the airspace that at no point does the field strength generated by the cable system exceed 10 microvolts per meter (µV/m) RMS at an altitude of 450 meters above the average terrain of the cable system. The measurement system (including the receiving antenna) shall be calibrated against a known field of 10 µV/m RMS produced by a well characterized antenna consisting of orthogonal resonant dipoles, both parallel to and one quarter wavelength above the ground plane of a diameter of two meters or more at ground level. The dipoles shall have centers collocated and be excited 90 degrees apart. The half-power bandwidth of the detector shall be 25 kHz. If an aeronautical receiver is used for this purpose it shall meet the standards of the Radio Technical Commission for Aeronautics (RCTA) for aeronautical communications receivers. The aircraft antenna shall be horizontally polarized. Calibration shall be made in the community unit or, if more than one, in any of the community units of the physical system within a reasonable time period to performing the measurements. If data is recorded digitally the 90th percentile level of points recorded over the cable system shall not exceed 10 µV/m RMS as indicated above; if analog recordings is used the peak values of the curves, when smoothed according to good engineering practices, shall not exceed 10 µV/m RMS. ( b ) In paragraphs (a)(1) and (2) of this section the unmodulated test signal used for analog leakage measurements on the cable plant shall— ( 1 ) Be within the VHF aeronautical band 108-137 MHz or any other frequency for which the results can be correlated to the VHF aeronautical band; and ( 2 ) Have an average power level equal to the greater of: ( i ) The peak envelope power level of the strongest NTSC or similar analog cable television signal on the system, or ( ii ) 1.2 dB greater than the average power level of the strongest QAM or similar digital cable television signal on the system. ( c ) In paragraphs (a)(1) and (2) of this section, if a modulated test signal is used for analog leakage measurements, the test signal and detector technique must, when considered together, yield the same result as though an unmodulated test signal were used in conjunction with a detection technique which would yield the RMS value of said unmodulated carrier. ( d ) If a sampling of at least 75% of the cable strand (and including any portions of the cable system which are known to have or can reasonably be expected to have less leakage integrity than the average of the system) as described in paragraph (a)(1) of this section cannot be obtained by the cable operator or is otherwise not reasonably feasible, the cable operator shall perform the airspace measurements described in paragraph (a)(2) of this section. ( e ) Prior to providing service to any subscriber on a new section of cable plant, the operator shall show compliance with either: ( 1 ) The basic signal leakage criteria in accordance with paragraphs (a)(1) or (2) of this section for the entire plant in operation or ( 2 ) a showing shall be made indicating that no individual leak in the new section of the plant exceeds 20 µV/m at 3 meters in accordance with § 76.609 for analog signals or 17.4 µV/m at 3 meters for digital signals. ( f ) Notwithstanding paragraph (a) of this section, a cable operator shall be permitted to operate on any frequency which is offset pursuant to § 76.612 in the frequency band 108-137 MHz for the purpose of demonstrating compliance with the cable television basic signal leakage performance criteria. [ 83 FR 7629 , Feb. 22, 2018] § 76.612 Cable television frequency separation standards. All cable television systems which operate analog NTSC or similar channels in the frequency bands 108-137 MHZ and 225-400 MHz shall comply with the following frequency separation standards for each NTSC or similar channel: ( a ) In the aeronautical radiocommunication bands 118-137, 225-328.6 and 335.4-400 MHz, the frequency of all carrier signals or signal components carried at an average power level equal to or greater than 10 −4 watts in a 25 kHz bandwidth in any 160 microsecond period must operate at frequencies offset from certain frequencies which may be used by aeronautical radio services operated by Commission licensees or by the United States Government or its Agencies. The aeronautical frequencies from which offsets must be maintained are those frequencies which are within one of the aeronautical bands defined in this subparagraph, and when expressed in MHz and divided by 0.025 yield an integer. The offset must meet one of the following two criteria: ( 1 ) All such cable carriers or signal components shall be offset by 12.5 kHz with a frequency tolerance of ±5 kHz; or ( 2 ) The fundamental frequency from which the visual carrier frequencies are derived by multiplication by an integer number which shall be 6.0003 MHz with a tolerance of ±1 Hz (Harmonically Related Carrier (HRC) comb generators only). ( b ) In the aeronautical radionavigation bands 108-118 and 328.6-335.4 MHz, the frequency of all carrier signals or signal components carrier at an average power level equal to or greater than 10 −4 watts in a 25 kHz bandwidth in any 160 microsecond period shall be offset by 25 kHz with a tolerance of ±5 kHz. The aeronautical radionavigation frequencies from which offsets must be maintained are defined as follows: ( 1 ) Within the aeronautical band 108-118 MHz when expressed in MHz and divided by 0.025 yield an even integer. ( 2 ) Within the band 328.6-335.4 MHz, the radionavigation glide path channels are listed in Section 87.501 of the Rules. Note: The HRC system, as described above, will meet this requirement in the 328.6-335.4 MHz navigation glide path band. Those Incrementally Related Carriers (IRC) systems, with comb generator reference frequencies set at certain odd multiples equal to or greater than 3 times the 0.0125 MHz aeronautical communications band offset, e.g. (6n + 1.250 ±0.0375) MHz, may also meet the 25 kHz offset requirement in the navigation glide path band. [ 50 FR 29400 , July 19, 1985, as amended at 83 FR 7630 , Feb. 22, 2018] § 76.613 Interference from a multichannel video programming distributor (MVPD). ( a ) Harmful interference is any emission, radiation or induction which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with this chapter. ( b ) An MVPD that causes harmful interference shall promptly take appropriate measures to eliminate the harmful interference. ( c ) If harmful interference to radio communications involving the safety of life and protection of property cannot be promptly eliminated by the application of suitable techniques, operation of the offending MVPD or appropriate elements thereof shall immediately be suspended upon notification by the Regional Director for the Commission's local field office, and shall not be resumed until the interference has been eliminated to the satisfaction of the Regional Director. When authorized by the Regional Director, short test operations may be made during the period of suspended operation to check the efficacy of remedial measures. ( d ) The MVPD may be required by the Regional Director to prepare and submit a report regarding the cause(s) of the interference, corrective measures planned or taken, and the efficacy of the remedial measures. [ 42 FR 41296 , Aug. 16, 1977, as amended at 62 FR 61031 , Nov. 14, 1997; 80 FR 53751 , Sept. 8, 2015] § 76.614 Cable television system regular monitoring. Cable television operators transmitting carriers in the frequency bands 108-137 and 225-400 MHz shall provide for a program of regular monitoring for signal leakage by substantially covering the plant every three months. The incorporation of this monitoring program into the daily activities of existing service personnel in the discharge of their normal duties will generally cover all portions of the system and will therefore meet this requirement. Monitoring equipment and procedures utilized by a cable operator shall be adequate to detect a leakage source which produces a field strength in these bands of 20 uV/m or greater at a distance of 3 meters. During regular monitoring, any leakage source which produces a field strength of 20 uV/m or greater at a distance of 3 meters in the aeronautical radio frequency bands shall be noted and such leakage sources shall be repaired within a reasonable period of time. Note 1 to § 76.614 : Section 76.1706 contains signal leakage recordkeeping requirements applicable to cable operators. [ 65 FR 53616 , Sept. 5, 2000] § 76.616 Operation near certain aeronautical and marine emergency radio frequencies. ( a ) The transmission of carriers or other signal components capable of delivering peak power levels equal to or greater than 10 −5 watts at any point in a cable television system is prohibited within 100 kHz of the frequency 121.5 MHz, and is prohibited within 50 kHz of the two frequencies 156.8 MHz and 243.0 MHz. ( b ) At any point on a cable system from 405.925 MHz to 406.176 MHz analog transmissions are prohibited from delivering peak power levels equal to or greater than 10 −5 watts. The transmission of digital signals in this range is limited to power levels measured using a root-mean-square detector of less than 10 −5 watts in any 30 kHz bandwidth over any 2.5 millisecond interval. [ 69 FR 57862 , Sept. 28, 2004] § 76.617 Responsibility for interference. Interference resulting from the use of cable system terminal equipment (including subscriber terminal, input selector switch and any other accessories) shall be the responsibility of the cable system terminal equipment operator in accordance with the provisions of part 15 of this chapter : provided, however, that the operator of a cable system to which the cable system terminal equipment is connected shall be responsible for detecting and eliminating any signal leakage where that leakage would cause interference outside the subscriber's premises and/or would cause the cable system to exceed the Part 76 signal leakage requirements. In cases where excessive signal leakage occurs, the cable operator shall be required only to discontinue service to the subscriber until the problem is corrected. [ 53 FR 46619 , Nov. 18, 1989] §§ 76.618-76.620 [Reserved] § 76.630 Compatibility with consumer electronics equipment. ( a ) Cable system operators shall not scramble or otherwise encrypt signals delivered to a subscriber on the basic service tier. ( 1 ) This prohibition shall not apply in systems in which: ( i ) No encrypted signals are carried using the NTSC system; and ( ii ) The cable system operator offers to its existing subscribers who subscribe only to the basic service tier without use of a set-top box or CableCARD at the time of encryption the equipment necessary to descramble or decrypt the basic service tier signals (the subscriber's choice of a set-top box or CableCARD) on up to two television sets without charge or service fee for two years from the date encryption of the basic service tier commences; and ( iii ) The cable system operator offers to its existing subscribers who subscribe to a level of service above “basic only” but use a digital television or other device with a clear-QAM tuner to receive only the basic service tier without use of a set-top box or CableCARD at the time of encryption, the equipment necessary to descramble or decrypt the basic service tier signals (the subscriber's choice of a set-top box or CableCARD) on one television set without charge or service fee for one year from the date encryption of the basic service tier commences; and ( iv ) The cable system operator offers to its existing subscribers who receive Medicaid and also subscribe only to the basic service tier without use of a set-top box or CableCARD at the time of encryption the equipment necessary to descramble or decrypt the basic service tier signals (the subscriber's choice of a set-top box or CableCARD) on up to two television sets without charge or service fee for five years from the date encryption of the basic service tier commences; ( v ) The cable system operator notifies its existing subscribers of the availability of the offers described in paragraphs (ii) through (iv) of this section at least 30 days prior to the date encryption of the basic service tier commences and makes the offers available for at least 30 days prior to and 120 days after the date encryption of the basic service tier commences. The notification to subscribers must state: On (DATE), (NAME OF CABLE OPERATOR) will start encrypting (INSERT NAME OF CABLE BASIC SERVICE TIER OFFERING) on your cable system. If you have a set-top box, digital transport adapter (DTA), or a retail CableCARD device connected to each of your TVs, you will be unaffected by this change. However, if you are currently receiving (INSERT NAME OF CABLE BASIC SERVICE TIER OFFERING) on any TV without equipment supplied by (NAME OF CABLE OPERATOR), you will lose the ability to view any channels on that TV. If you are affected, you should contact (NAME OF CABLE OPERATOR) to arrange for the equipment you need to continue receiving your services. In such case, you are entitled to receive equipment at no additional charge or service fee for a limited period of time. The number and type of devices you are entitled to receive and for how long will vary depending on your situation. If you are a (INSERT NAME OF CABLE BASIC SERVICE TIER OFFERING) customer and receive the service on your TV without (NAME OF CABLE OPERATOR)-supplied equipment, you are entitled to up to two devices for two years (five years if you also receive Medicaid). If you subscribe to a higher level of service and receive (INSERT NAME OF CABLE BASIC SERVICE TIER OFFERING) on a secondary TV without (NAME OF CABLE OPERATOR)-supplied equipment, you are entitled to one device for one year. You can learn more about this equipment offer and eligibility at (WEBPAGE ADDRESS) or by calling (PHONE NUMBER). To qualify for any equipment at no additional charge or service fee, you must request the equipment between (DATE THAT IS 30 DAYS BEFORE ENCRYPTION) and (DATE THAT IS 120 DAYS AFTER ENCRYPTION) and satisfy all other eligibility requirements. ( vi ) The cable system operator notifies its subscribers who have received equipment described in paragraphs (a)(1)(ii) through (iv) of this section at least 30 days, but no more than 60 days, before the end of the free device transitional period that the transitional period will end. This notification must state: You currently receive equipment necessary to descramble or decrypt the basic service tier signals (either a set-top box or CableCARD) free of charge. Effective with the (MONTH/YEAR) billing cycle, (NAME OF CABLE OPERATOR) will begin charging you for the equipment you received to access (INSERT NAME OF CABLE BASIC SERVICE TIER OFFERING) when (NAME OF CABLE OPERATOR) started encrypting those channels on your cable system. The monthly charge for the (TYPE OF DEVICE) will be (AMOUNT OF CHARGE). ( 2 ) Requests for waivers of this prohibition must demonstrate either a substantial problem with theft of basic tier service or a strong need to scramble basic signals for other reasons. As part of this showing, cable operators are required to notify subscribers by mail of waiver requests. The notice to subscribers must be mailed no later than 30 calendar days from the date the request for waiver was filed with the Commission, and cable operators must inform the Commission in writing, as soon as possible, of that notification date. The notification to subscribers must state: On (date of waiver request was filed with the Commission), (cable operator's name) filed with the Federal Communications Commission a request for waiver of the rule prohibiting scrambling of channels on the basic tier of service. 47 CFR 76.630(a) . The request for waiver states (a brief summary of the waiver request). A copy of the request for waiver shall be available for public inspection at www.fcc.gov . Individuals who wish to comment on this request for waiver should mail comments to the Federal Communications Commission by no later than 30 days from (the date the notification was mailed to subscribers). Those comments should be addressed to the: Federal Communications Commission, Media Bureau, Washington, DC 20554, and should include the name of the cable operator to whom the comments are applicable. Individuals should also send a copy of their comments to (the cable operator at its local place of business). Cable operators may file comments in reply no later than 7 days from the date subscriber comments must be filed. ( b ) Cable system operators that provide their subscribers with cable system terminal devices and other customer premises equipment that incorporates remote control capability shall permit the remote operation of such devices with commercially available remote control units or otherwise take no action that would prevent the devices from being operated by a commercially available remote control unit. Cable system operators are advised that this requirement obliges them to actively enable the remote control functions of customer premises equipment where those functions do not operate without a special activation procedure. Cable system operators may, however, disable the remote control functions of a subscriber's customer premises equipment where requested by the subscriber. [ 59 FR 25342 , May 16, 1994, as amended at 61 FR 18510 , Apr. 26, 1996; 65 FR 53616 , Sept. 5, 2000; 67 FR 1650 , Jan. 14, 2002; 67 FR 13235 , Mar. 21, 2002; 77 FR 67301 , Dec. 10, 2012; 81 FR 10125 , Feb. 29, 2016; 83 FR 66157 , Dec. 26, 2018] § 76.640 Support for unidirectional digital cable products on digital cable systems. ( a ) The requirements of this section shall apply to digital cable systems. For purposes of this section, digital cable systems shall be defined as a cable system with one or more channels utilizing QAM modulation for transporting programs and services from its headend to receiving devices. Cable systems that only pass through 8 VSB broadcast signals shall not be considered digital cable systems. ( b ) No later than July 1, 2004, cable operators shall support unidirectional digital cable products, as defined in § 15.123 of this chapter , through the provisioning of Point of Deployment modules (PODs) and services, as follows: ( 1 ) Digital cable systems with an activated channel capacity of 750 MHz or greater shall comply with the following technical standards and requirements: ( i ) ANSI/SCTE 40 2016 (incorporated by reference, see § 76.602 ), provided however that the “transit delay for most distant customer” requirement in Table 4.3 is not mandatory. ( ii ) ANSI/SCTE 65 2002 (formerly DVS 234): “Service Information Delivered Out-of-Band for Digital Cable Television” (incorporated by reference, see § 76.602 ), provided however that the referenced Source Name Subtable shall be provided for Profiles 1, 2, and 3. ( iii ) ANSI/SCTE 54 2003 (formerly DVS 241): “Digital Video Service Multiplex and Transport System Standard for Cable Television” (incorporated by reference, see § 76.602 ). ( iv ) For each digital transport stream that includes one or more services carried in-the-clear, such transport stream shall include virtual channel data in-band in the form of ATSC A/65B: “ATSC Standard: Program and System Information Protocol for Terrestrial Broadcast and Cable (Revision B)” (incorporated by reference, see § 76.602 ), when available from the content provider. With respect to in-band transport: ( A ) The data shall, at minimum, describe services carried within the transport stream carrying the PSIP data itself; ( B ) PSIP data describing a twelve-hour time period shall be carried for each service in the transport stream. This twelve-hour period corresponds to delivery of the following event information tables: EIT-0, -1, -2 and -3; ( C ) The format of event information data format shall conform to ATSC A/65B: “ATSC Standard: Program and System Information Protocol for Terrestrial Broadcast and Cable (Revision B)” (incorporated by reference, see § 76.602 ); ( D ) Each channel shall be identified by a one- or two-part channel number and a textual channel name; and ( E ) The total bandwidth for PSIP data may be limited by the cable system to 80 kbps for a 27 Mbits multiplex and 115 kbps for a 38.8 Mbits multiplex. ( v ) When service information tables are transmitted out-of-band for scrambled services: ( A ) The data shall, at minimum, describe services carried within the transport stream carrying the PSIP data itself; ( B ) A virtual channel table shall be provided via the extended channel interface from the POD module. Tables to be included shall conform to ANSI/SCTE 65 2002 (formerly DVS 234): “Service Information Delivered Out-of-Band for Digital Cable Television” (incorporated by reference, see § 76.602 ). ( C ) Event information data when present shall conform to ANSI/SCTE 65 2002 (formerly DVS 234): “Service Information Delivered Out-of-Band for Digital Cable Television” (incorporated by reference, see § 76.602 ) (profiles 4 or higher). ( D ) Each channel shall be identified by a one-or two-part channel number and a textual channel name; and ( E ) The channel number identified with out-of-band signaling information data should match the channel identified with in-band PSIP data for all unscrambled in-the-clear services. ( 2 ) All digital cable systems shall comply with: ( i ) SCTE 28 2003 (formerly DVS 295): “Host-POD Interface Standard” (incorporated by reference, see § 76.602 ). ( ii ) SCTE 41 2003 (formerly DVS 301): “POD Copy Protection System” (incorporated by reference, see § 76.602 ). ( 3 ) Cable operators shall ensure, as to all digital cable systems, an adequate supply of PODs that comply with the standards specified in paragraph (b)(2) of this section to ensure convenient access to such PODS by customers. Without limiting the foregoing, cable operators may provide more advanced PODs ( i.e. , PODs that are based on successor standards to those specified in paragraph (b)(2) of this section) to customers whose unidirectional digital cable products are compatible with the more advanced PODs. ( 4 ) Cable operators shall: ( i ) Effective April 1, 2004, upon request of a customer, replace any leased high definition set-top box, which does not include a functional IEEE 1394 interface, with one that includes a functional IEEE 1394 interface or upgrade the customer's set-top box by download or other means to ensure that the IEEE 1394 interface is functional. ( ii ) Effective July 1, 2011, include both: ( A ) A DVI or HDMI interface and ( B ) A connection capable of delivering recordable high definition video and closed captioning data in an industry standard format on all high definition set-top boxes, except unidirectional set-top boxes without recording functionality, acquired by a cable operator for distribution to customers. ( iii ) Effective December 1, 2012, ensure that the cable-operator-provided high definition set-top boxes, except unidirectional set-top boxes without recording functionality, shall comply with an open industry standard that provides for audiovisual communications including service discovery, video transport, and remote control command pass-through standards for home networking. [ 68 FR 66734 , Nov. 28, 2003, as amended at 76 FR 40279 , July 8, 2011; 83 FR 7630 , Feb. 22, 2018] Subpart L—Cable Television Access § 76.701 Leased access channels. ( a ) Notwithstanding 47 U.S.C. 532(b)(2) (Communications Act of 1934, as amended, section 612), a cable operator, in accordance with 47 U.S.C. 532(h) (Cable Consumer Protection and Competition Act of 1992, section 10(a)), may adopt and enforce prospectively a written and published policy of prohibiting programming which, it reasonably believes, describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards. ( b ) A cable operator may refuse to transmit any leased access program or portion of a leased access program that the operator reasonably believes contains obscenity, indecency or nudity. Note to paragraph ( b ): “Nudity” in paragraph (b) is interpreted to mean nudity that is obscene or indecent. [ 62 FR 28373 , May 23, 1997, as amended at 64 FR 35950 , July 2, 1999] § 76.702 Public access. A cable operator may refuse to transmit any public access program or portion of a public access program that the operator reasonably believes contains obscenity. [ 62 FR 28373 , May 23, 1997] Subpart M—Cable Inside Wiring § 76.800 Definitions. ( a ) MDU. A multiple dwelling unit building (e.g., an apartment building, condominium building or cooperative). ( b ) MDU owner. The entity that owns or controls the common areas of a multiple dwelling unit building. ( c ) MVPD. A multichannel video programming distributor, as that term is defined in Section 602(13) of the Communications Act, 47 U.S.C. 522(13) . ( d ) Home run wiring. The wiring from the demarcation point to the point at which the MVPD's wiring becomes devoted to an individual subscriber or individual loop. [ 62 FR 61031 , Nov. 14, 1997] § 76.801 Scope. The provisions of this subpart set forth rules and regulations for the disposition, after a subscriber voluntarily terminates cable service, of that cable home wiring installed by the cable system operator or its contractor within the premises of the subscriber. The provisions do not apply where the cable home wiring belongs to the subscriber, such as where the operator has transferred ownership to the subscriber, the operator has been treating the wiring as belonging to the subscriber for tax purposes, or the wiring is considered to be a fixture by state or local law in the subscriber's jurisdiction. Nothing in this subpart shall affect the cable system operator's rights and responsibilities under § 76.617 to prevent excessive signal leakage while providing cable service, or the cable operator's right to access the subscriber's property or premises. [ 58 FR 11971 , Mar. 2, 1993] § 76.802 Disposition of cable home wiring. ( a ) ( 1 ) Upon voluntary termination of cable service by a subscriber in a single unit installation, a cable operator shall not remove the cable home wiring unless it gives the subscriber the opportunity to purchase the wiring at the replacement cost, and the subscriber declines. If the subscriber declines to purchase the cable home wiring, the cable system operator must then remove the cable home wiring within seven days of the subscriber's decision, under normal operating conditions, or make no subsequent attempt to remove it or to restrict its use. ( 2 ) Upon voluntary termination of cable service by an individual subscriber in a multiple-unit installation, a cable operator shall not be entitled to remove the cable home wiring unless: it gives the subscriber the opportunity to purchase the wiring at the replacement cost; the subscriber declines, and neither the MDU owner nor an alternative MVPD, where permitted by the MDU owner, has provided reasonable advance notice to the incumbent provider that it would purchase the cable home wiring pursuant to this section if and when a subscriber declines. If the cable system operator is entitled to remove the cable home wiring, it must then remove the wiring within seven days of the subscriber's decision, under normal operating conditions, or make no subsequent attempt to remove it or to restrict its use. ( 3 ) The cost of the cable home wiring is to be based on the replacement cost per foot of the wiring on the subscriber's side of the demarcation point multiplied by the length in feet of such wiring, and the replacement cost of any passive splitters located on the subscriber's side of the demarcation point. ( b ) During the initial telephone call in which a subscriber contacts a cable operator to voluntarily terminate cable service, the cable operator—if it owns and intends to remove the home wiring—must inform the subscriber: ( 1 ) That the cable operator owns the home wiring; ( 2 ) That the cable operator intends to remove the home wiring; ( 3 ) That the subscriber has the right to purchase the home wiring; and ( 4 ) What the per-foot replacement cost and total charge for the wiring would be (the total charge may be based on either the actual length of cable wiring and the actual number of passive splitters on the customer's side of the demarcation point, or a reasonable approximation thereof; in either event, the information necessary for calculating the total charge must be available for use during the initial phone call). ( c ) If the subscriber voluntarily terminates cable service in person, the procedures set forth in paragraph (b) of this section apply. ( d ) If the subscriber requests termination of cable service in writing, it is the operator's responsibility—if it wishes to remove the wiring—to make reasonable efforts to contact the subscriber prior to the date of service termination and follow the procedures set forth in paragraph (b) of this section. ( e ) If the cable operator fails to adhere to the procedures described in paragraph (b) of this section, it will be deemed to have relinquished immediately any and all ownership interests in the home wiring; thus, the operator will not be entitled to compensation for the wiring and shall make no subsequent attempt to remove it or restrict its use. ( f ) If the cable operator adheres to the procedures described in paragraph (b) of this section, and, at that point, the subscriber agrees to purchase the wiring, constructive ownership over the home wiring will transfer to the subscriber immediately, and the subscriber will be permitted to authorize a competing service provider to connect with and use the home wiring. ( g ) If the cable operator adheres to the procedures described in paragraph (b) of this section, and the subscriber asks for more time to make a decision regarding whether to purchase the home wiring, the seven (7) day period described in paragraph (b) of this section will not begin running until the subscriber declines to purchase the wiring; in addition, the subscriber may not use the wiring to connect to an alternative service provider until the subscriber notifies the operator whether or not the subscriber wishes to purchase the wiring. ( h ) If an alternative video programming service provider connects its wiring to the home wiring before the incumbent cable operator has terminated service and has capped off its line to prevent signal leakage, the alternative video programming service provider shall be responsible for ensuring that the incumbent's wiring is properly capped off in accordance with the Commission's signal leakage requirements. See Subpart K (technical standards) of the Commission's Cable Television Service rules ( 47 CFR 76.605(a)(13) and 76.610 through 76.617 ). ( i ) Where the subscriber terminates cable service but will not be using the home wiring to receive another alternative video programming service, the cable operator shall properly cap off its own line in accordance with the Commission's signal leakage requirements. See subpart K (technical standards) of the Commission's Cable Television Service rules ( 47 CFR 76.605(a)(13) and 76.610 through 76.617 ). ( j ) Cable operators are prohibited from using any ownership interests they may have in property located on the subscriber's side of the demarcation point, such as molding or conduit, to prevent, impede, or in any way interfere with, a subscriber's right to use his or her home wiring to receive an alternative service. In addition, incumbent cable operators must take reasonable steps within their control to ensure that an alternative service provider has access to the home wiring at the demarcation point. Cable operators and alternative multichannel video programming delivery service providers are required to minimize the potential for signal leakage in accordance with the guidelines set forth in 47 CFR 76.605(a)(13) and 76.610 through 76.617 , theft of service and unnecessary disruption of the consumer's premises. ( k ) Definitions—Normal operating conditions—The term “normal operating conditions” shall have the same meaning as at 47 CFR 76.309(c)(4)(ii) . ( l ) The provisions of § 76.802 shall apply to all MVPDs in the same manner that they apply to cable operators. [ 61 FR 6137 , Feb. 16, 1996, as amended at 62 FR 61031 , Nov. 14, 1997; 68 FR 13855 , Mar. 21, 2003] § 76.804 Disposition of home run wiring. ( a ) Building-by-building disposition of home run wiring. ( 1 ) Where an MVPD owns the home run wiring in an MDU and does not (or will not at the conclusion of the notice period) have a legally enforceable right to remain on the premises against the wishes of the MDU owner, the MDU owner may give the MVPD a minimum of 90 days' written notice that its access to the entire building will be terminated to invoke the procedures in this section. The MVPD will then have 30 days to notify the MDU owner in writing of its election for all the home run wiring inside the MDU building: to remove the wiring and restore the MDU building consistent with state law within 30 days of the end of the 90-day notice period or within 30 days of actual service termination, whichever occurs first; to abandon and not disable the wiring at the end of the 90-day notice period; or to sell the wiring to the MDU building owner. If the incumbent provider elects to remove or abandon the wiring, and it intends to terminate service before the end of the 90-day notice period, the incumbent provider shall notify the MDU owner at the time of this election of the date on which it intends to terminate service. If the incumbent provider elects to remove its wiring and restore the building consistent with state law, it must do so within 30 days of the end of the 90-day notice period or within 30 days of actual service termination, which ever occurs first. For purposes of abandonment, passive devices, including splitters, shall be considered part of the home run wiring. The incumbent provider that has elected to abandon its home run wiring may remove its amplifiers or other active devices used in the wiring if an equivalent replacement can easily be reattached. In addition, an incumbent provider removing any active elements shall comply with the notice requirements and other rules regarding the removal of home run wiring. If the MDU owner declines to purchase the home run wiring, the MDU owner may permit an alternative provider that has been authorized to provide service to the MDU to negotiate to purchase the wiring. ( 2 ) If the incumbent provider elects to sell the home run wiring under paragraph (a)(1) of this section, the incumbent and the MDU owner or alternative provider shall have 30 days from the date of election to negotiate a price. If the parties are unable to agree on a price within that 30-day time period, the incumbent must elect: to abandon without disabling the wiring; to remove the wiring and restore the MDU consistent with state law; or to submit the price determination to binding arbitration by an independent expert. If the incumbent provider chooses to abandon or remove its wiring, it must notify the MDU owner at the time of this election if and when it intends to terminate service before the end of the 90-day notice period. If the incumbent service provider elects to abandon its wiring at this point, the abandonment shall become effective at the end of the 90-day notice period or upon service termination, whichever occurs first. If the incumbent elects at this point to remove its wiring and restore the building consistent with state law, it must do so within 30 days of the end of the 90-day notice period or within 30 days of actual service termination, which ever occurs first. ( 3 ) If the incumbent elects to submit to binding arbitration, the parties shall have seven days to agree on an independent expert or to each designate an expert who will pick a third expert within an additional seven days. The independent expert chosen will be required to assess a reasonable price for the home run wiring by the end of the 90-day notice period. If the incumbent elects to submit the matter to binding arbitration and the MDU owner (or the alternative provider) refuses to participate, the incumbent shall have no further obligations under the Commission's home run wiring disposition procedures. If the incumbent fails to comply with any of the deadlines established herein, it shall be deemed to have elected to abandon its home run wiring at the end of the 90-day notice period. ( 4 ) The MDU owner shall be permitted to exercise the rights of individual subscribers under this subsection for purposes of the disposition of the cable home wiring under § 76.802 . When an MDU owner notifies an incumbent provider under this section that the incumbent provider's access to the entire building will be terminated and that the MDU owner seeks to use the home run wiring for another service, the incumbent provider shall, in accordance with our current home wiring rules: offer to sell to the MDU owner any home wiring within the individual dwelling units that the incumbent provider owns and intends to remove; and provide the MDU owner with the total per-foot replacement cost of such home wiring. This information must be provided to the MDU owner within 30 days of the initial notice that the incumbent's access to the building will be terminated. If the MDU owner declines to purchase the cable home wiring, the MDU owner may allow the alternative provider to purchase the home wiring upon service termination under the terms and conditions of § 76.802 . If the MDU owner or the alternative provider elects to purchase the home wiring under these rules, it must so notify the incumbent MVPD provider not later than 30 days before the incumbent's termination of access to the building will become effective. If the MDU owner and the alternative provider fail to elect to purchase the home wiring, the incumbent provider must then remove the cable home wiring, under normal operating conditions, within 30 days of actual service termination, or make no subsequent attempt to remove it or to restrict its use. ( 5 ) The parties shall cooperate to avoid disruption in service to subscribers to the extent possible. ( b ) Unit-by-unit disposition of home run wiring: ( 1 ) Where an MVPD owns the home run wiring in an MDU and does not (or will not at the conclusion of the notice period) have a legally enforceable right to maintain any particular home run wire dedicated to a particular unit on the premises against the MDU owner's wishes, the MDU owner may permit multiple MVPDs to compete for the right to use the individual home run wires dedicated to each unit in the MDU. The MDU owner must provide at least 60 days' written notice to the incumbent MVPD of the MDU owner's intention to invoke this procedure. The incumbent MVPD will then have 30 days to provide a single written election to the MDU owner as to whether, for each and every one of its home run wires dedicated to a subscriber who chooses an alternative provider's service, the incumbent MVPD will: remove the wiring and restore the MDU building consistent with state law; abandon the wiring without disabling it; or sell the wiring to the MDU owner. If the MDU owner refuses to purchase the home run wiring, the MDU owner may permit the alternative provider to purchase it. If the alternative provider is permitted to purchase the wiring, it will be required to make a similar election within this 30-day period for each home run wire solely dedicated to a subscriber who switches back from the alternative provider to the incumbent MVPD. ( 2 ) If the incumbent provider elects to sell the home run wiring under paragraph (b)(1), the incumbent and the MDU owner or alternative provider shall have 30 days from the date of election to negotiate a price. During this 30-day negotiation period, the parties may arrange for an up-front lump sum payment in lieu of a unit-by-unit payment. If the parties are unable to agree on a price during this 30-day time period, the incumbent must elect: to abandon without disabling the wiring; to remove the wiring and restore the MDU consistent with state law; or to submit the price determination to binding arbitration by an independent expert. If the incumbent elects to submit to binding arbitration, the parties shall have seven days to agree on an independent expert or to each designate an expert who will pick a third expert within an additional seven days. The independent expert chosen will be required to assess a reasonable price for the home run wiring within 14 days. If subscribers wish to switch service providers after the expiration of the 60-day notice period but before the expert issues its price determination, the procedures set forth in paragraph (b)(3) of this section shall be followed, subject to the price established by the arbitrator. If the incumbent elects to submit the matter to binding arbitration and the MDU owner (or the alternative provider) refuses to participate, the incumbent shall have no further obligations under the Commission's home run wiring disposition procedures. ( 3 ) When an MVPD that is currently providing service to a subscriber is notified either orally or in writing that that subscriber wishes to terminate service and that another service provider intends to use the existing home run wire to provide service to that particular subscriber, a provider that has elected to remove its home run wiring pursuant to paragraph (b)(1) or (b)(2) of this section will have seven days to remove its home run wiring and restore the building consistent with state law. If the subscriber has requested service termination more than seven days in the future, the seven-day removal period shall begin on the date of actual service termination (and, in any event, shall end no later than seven days after the requested date of termination). If the provider has elected to abandon or sell the wiring pursuant to paragraph (b)(1) or (b)(2) of this section, the abandonment or sale will become effective upon actual service termination or upon the requested date of termination, whichever occurs first. For purposes of abandonment, passive devices, including splitters, shall be considered part of the home run wiring. The incumbent provider may remove its amplifiers or other active devices used in the wiring if an equivalent replacement can easily be reattached. In addition, an incumbent provider removing any active elements shall comply with the notice requirements and other rules regarding the removal of home run wiring. If the incumbent provider intends to terminate service prior to the end of the seven-day period, the incumbent shall inform the party requesting service termination, at the time of such request, of the date on which service will be terminated. The incumbent provider shall make the home run wiring accessible to the alternative provider within the 24-hour period prior to actual service termination. ( 4 ) If the incumbent provider fails to comply with any of the deadlines established herein, the home run wiring shall be considered abandoned, and the incumbent may not prevent the alternative provider from using the home run wiring immediately to provide service. The alternative provider or the MDU owner may act as the subscriber's agent in providing notice of a subscriber's desire to change services, consistent with state law. If a subscriber's service is terminated without notification that another service provider intends to use the existing home run wiring to provide service to that particular subscriber, the incumbent provider will not be required to carry out its election to sell, remove or abandon the home run wiring; the incumbent provider will be required to carry out its election, however, if and when it receives notice that a subscriber wishes to use the home run wiring to receive an alternative service. Section 76.802 of the Commission's rules regarding the disposition of cable home wiring will apply where a subscriber's service is terminated without notifying the incumbent provider that the subscriber wishes to use the home run wiring to receive an alternative service. ( 5 ) The parties shall cooperate to avoid disruption in service to subscribers to the extent possible. ( 6 ) Section 76.802 of the Commission's rules regarding the disposition of cable home wiring will continue to apply to the wiring on the subscriber's side of the cable demarcation point. ( c ) The procedures set forth in paragraphs (a) and (b) of this section shall apply unless and until the incumbent provider obtains a court ruling or an injunction within forty-five (45) days following the initial notice enjoining its displacement. ( d ) After the effective date of this rule, MVPDs shall include a provision in all service contracts entered into with MDU owners setting forth the disposition of any home run wiring in the MDU upon the termination of the contract. ( e ) Incumbents are prohibited from using any ownership interest they may have in property located on or near the home run wiring, such as molding or conduit, to prevent, impede, or in any way interfere with, the ability of an alternative MVPD to use the home run wiring pursuant to this section. ( f ) Section 76.804 shall apply to all MVPDs. [ 62 FR 61032 , Nov. 14, 1997, as amended at 68 FR 13855 , Mar. 21, 2003] § 76.805 Access to molding. ( a ) An MVPD shall be permitted to install one or more home run wires within the existing molding of an MDU where the MDU owner finds that there is sufficient space to permit the installation of the additional wiring without interfering with the ability of an existing MVPD to provide service, and gives its affirmative consent to such installation. This paragraph shall not apply where the incumbent provider has an exclusive contractual right to occupy the molding. ( b ) If an MDU owner finds that there is insufficient space in existing molding to permit the installation of the new wiring without interfering with the ability of an existing MVPD to provide service, but gives its affirmative consent to the installation of larger molding and additional wiring, the MDU owner (with or without the assistance of the incumbent and/or the alternative provider) shall be permitted to remove the existing molding, return such molding to the incumbent, if appropriate, and install additional wiring and larger molding in order to contain the additional wiring. This paragraph shall not apply where the incumbent provider possesses a contractual right to maintain its molding on the premises without alteration by the MDU owner. ( c ) The alternative provider shall be required to pay any and all installation costs associated with the implementation of paragraphs (a) or (b) of this section, including the costs of restoring the MDU owner's property to its original condition, and the costs of repairing any damage to the incumbent provider's wiring or other property. [ 62 FR 61033 , Nov. 14, 1997] § 76.806 Pre-termination access to cable home wiring. ( a ) Prior to termination of service, a customer may: install or provide for the installation of their own cable home wiring; or connect additional home wiring, splitters or other equipment within their premises to the wiring owned by the cable operator, so long as no electronic or physical harm is caused to the cable system and the physical integrity of the cable operator's wiring remains intact. ( b ) Cable operators may require that home wiring (including passive splitters, connectors and other equipment used in the installation of home wiring) meets reasonable technical specifications, not to exceed the technical specifications of such equipment installed by the cable operator; provided however, that if electronic or physical harm is caused to the cable system, the cable operator may impose additional technical specifications to eliminate such harm. To the extent a customer's installations or rearrangements of wiring degrade the signal quality of or interfere with other customers' signals, or cause electronic or physical harm to the cable system, the cable operator may discontinue service to that subscriber until the degradation or interference is resolved. ( c ) Customers shall not physically cut, substantially alter, improperly terminate or otherwise destroy cable operator-owned home wiring. ( d ) Section 76.806 shall apply to all MVPDs. [ 62 FR 61034 , Nov. 14, 1997, as amended at 68 FR 13855 , Mar. 21, 2003] Subpart N—Cable Rate Regulation Source: 58 FR 29753 , May 21, 1993, unless otherwise noted. Effective Date Note Effective Date Note: The effective date of the amendments to part 76, published at 58 FR 29737 (May 21, 1993), extended to October 1, 1993, by an order published at 58 FR 33560 (June 18, 1993), and moved to September 1, 1993, by an order published at 58 FR 41042 (August 2, 1993), is temporarily stayed for those cable systems that have 1,000 or fewer subscribers. This limited, temporary stay is effective September 1, 1993, and will remain in effect until the Commission terminates the stay and establishes a new effective date in an order on reconsideration addressing the administrative burdens and costs of compliance for small cable systems. The Commission will publish in the Federal Register the new effective date of the rules with respect to small cable systems at that time. § 76.901 Definitions. ( a ) Basic service. The basic service tier shall, at a minimum, include all signals of domestic television broadcast stations provided to any subscriber (except a signal secondarily transmitted by satellite carrier beyond the local service area of such station, regardless of how such signal is ultimately received by the cable system) any public, educational, and governmental programming required by the franchise to be carried on the basic tier, and any additional video programming signals a service added to the basic tier by the cable operator. ( b ) Cable programming service. Cable programming service includes any video programming provided over a cable system, regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than: ( 1 ) Video programming carried on the basic service tier as defined in this section; ( 2 ) Video programming offered on a pay-per-channel or pay-per-program basis; or ( 3 ) A combination of multiple channels of pay-per-channel or pay-per-program video programming offered on a multiplexed or time-shifted basis so long as the combined service: ( i ) Consists of commonly-identified video programming; and ( ii ) Is not bundled with any regulated tier of service. ( c ) Small system. A small system is a cable television system that serves 15,000 or fewer subscribers. The service area of a small system shall be determined by the number of subscribers that are served by the system's principal headend, including any other headends or microwave receive sites that are technically integrated to the principal headend. ( d ) Small cable company. A small cable company is a cable television operator that serves a total of 400,000 or fewer subscribers over one or more cable systems. ( e ) Small cable operator. A small cable operator is an operator that, directly or through an affiliate, serves in the aggregate fewer than 1 percent of all subscribers in the United States and is not affiliated with any entity or entities whose gross annual revenues in the aggregate exceed $250,000,000. For purposes of this definition, an operator shall be deemed affiliated with another entity if that entity holds a 20 percent or greater equity interest (not including truly passive investment) in the operator or exercises de jure or de facto control over the operator. ( 1 ) Using the most reliable sources publicly available, the Commission periodically will determine and give public notice of the subscriber count that will serve as the 1 percent threshold until a new number is calculated. ( 2 ) For a discussion of passive interests with respect to small cable operators, see Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, Report and Order in CS Docket No. 96-85, FCC 99-57 (released March 29, 1999). ( 3 ) If two or more entities unaffiliated with each other each hold an equity interest in the small cable operator, the equity interests of the unaffiliated entities will not be aggregated with each other for the purpose of determining whether an entity meets or passes the 20 percent affiliation threshold. [ 58 FR 29753 , May 21, 1993, as amended at 59 FR 62623 , Dec. 6, 1994; 60 FR 35864 , July 12, 1995; 64 FR 35950 , July 2, 1999; 83 FR 60775 , Nov. 27, 2018] § 76.905 Standards for identification of cable systems subject to effective competition. ( a ) Only the rates of cable systems that are not subject to effective competition may be regulated. ( b ) A cable system is subject to effective competition when any one of the following conditions is met: ( 1 ) Fewer than 30 percent of the households in its franchise area subscribe to the cable service of a cable system. ( 2 ) The franchise area is: ( i ) Served by at least two unaffiliated multichannel video programming distributors each of which offers comparable programming to at least 50 percent of the households in the franchise area; and ( ii ) the number of households subscribing to multichannel video programming other than the largest multichannel video programming distributor exceeds 15 percent of the households in the franchise area. ( 3 ) A multichannel video programming distributor, operated by the franchising authority for that franchise area, offers video programming to at least 50 percent of the households in the franchise area. ( 4 ) A local exchange carrier or its affiliate (or any multichannel video programming distributor using the facilities of such carrier or its affiliate) offers video programming services directly to subscribers by any means (other than direct-to-home satellite services) in the franchise area of an unaffiliated cable operator which is providing cable service in that franchise area, but only if the video programming services so offered in that area are comparable to the video programming services provided by the unaffiliated cable operator in that area. ( c ) For purposes of paragraphs (b)(1) through (b)(3) of this section, each separately billed or billable customer will count as a household subscribing to or being offered video programming services, with the exception of multiple dwelling buildings billed as a single customer. Individual units of multiple dwelling buildings will count as separate households. The term “households” shall not include those dwellings that are used solely for seasonal, occasional, or recreational use. ( d ) A multichannel video program distributor, for purposes of this section, is an entity such as, but not limited to, a cable operator, a BRS/EBS provider, a direct broadcast satellite service, a television receive-only satellite program distributor, a video dialtone service provider, or a satellite master antenna television service provider that makes available for purchase, by subscribers or customers, multiple channels of video programming. ( e ) Service of a multichannel video programming distributor will be deemed offered: ( 1 ) When the multichannel video programming distributor is physically able to deliver service to potential subscribers, with the addition of no or only minimal additional investment by the distributor, in order for an individual subscriber to receive service; and ( 2 ) When no regulatory, technical or other impediments to households taking service exist, and potential subscribers in the franchise area are reasonably aware that they may purchase the services of the multichannel video programming distributor. ( f ) For purposes of determining the number of households subscribing to the services of a multichannel video programming distributor other than the largest multichannel video programming distributor, under paragraph (b)(2)(ii) of this section, the number of subscribers of all multichannel video programming distributors that offer service in the franchise area will be aggregated. ( g ) In order to offer comparable programming as that term is used in this section, a competing multichannel video programming distributor must offer at least 12 channels of video programming, including at least one channel of nonbroadcast service programming. ( h ) For purposes of paragraph (b)(2) of this section, entities are affiliated if either entity has an attributable interest in the other or if a third party has an attributable interest in both entities. Attributable interest shall be defined by reference to the criteria set forth in Notes 1 through 5 to § 76.501 . ( i ) For purposes of paragraph (b)(4) of this section, entities are affiliated if either entity has an attributable interest in the other or if a third party has an attributable interest in both entities. Attributable interest shall be defined as follows: ( 1 ) A 10% partnership or voting equity interest in a corporation will be cognizable. ( 2 ) Subject to paragraph (i)(3), a limited partnership interest of 10% or more shall be attributed to a limited partner unless that partner is not materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership and the relevant entity so certifies. An interest in a Limited Liability Company (“LLC”) or Registered Limited Liability Partnership (“RLLP”) shall be attributed to the interest holder unless that interest holder is not materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership and the relevant entity so certifies. Certifications must be made pursuant to the guidelines set forth in Note 2(f) to § 76.501 . ( 3 ) Notwithstanding paragraph (i)(2), the holder of an equity or debt interest or interests in an entity covered by this rule shall have that interest attributed if the equity (including all stockholdings, whether voting or nonvoting, common or preferred, and partnership interests) and debt interest or interests, in the aggregate, exceed 33 percent of the total asset value (all equity plus all debt) of that entity. ( 4 ) Discrete ownership interests held by the same individual or entity will be aggregated in determining whether or not an interest is cognizable under this section. An individual or entity will be deemed to have a cognizable investment if the sum of the interests other than those held by or through “passive investors” is equal to or exceeds 10%. [ 58 FR 29753 , May 21, 1993, as amended at 59 FR 17972 , Apr. 15, 1994; 61 FR 18978 , Apr. 30, 1996; 62 FR 6495 , Feb. 12, 1997; 64 FR 35950 , July 2, 1999; 64 FR 67196 , Dec. 1, 1999; 69 FR 72046 , Dec. 10, 2004] § 76.906 Presumption of effective competition. In the absence of a demonstration to the contrary cable systems are presumed: (a) To be subject to effective competition pursuant to section 76.905(b)(2) ; and (b) Not to be subject to effective competition pursuant to section 76.905(b)(1) , (3) or (4) . [ 80 FR 38012 , July 2, 2015] § 76.907 Petition for a determination of effective competition. ( a ) A cable operator (or other interested party) may file a petition for a determination of effective competition with the Commission pursuant to the Commission's procedural rules in § 76.7 . ( b ) If the cable operator seeks to demonstrate that effective competition as defined in § 76.905(b)(1) , (3) , or (4) exists in the franchise area, it bears the burden of demonstrating the presence of such effective competition. Effective competition as defined in § 76.905(b)(2) is governed by the presumption in § 76.906 , except that where a franchising authority has rebutted the presumption of competing provider effective competition as defined in § 76.905(b)(2) and is certified, the cable operator must demonstrate that circumstances have changed and effective competition is present in the franchise area. Note to paragraph ( b ): The criteria for determining effective competition pursuant to § 76.905(b)(4) are described in Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, Report and Order in CS Docket No. 96-85, FCC 99-57 (released March 29, 1999). ( c ) If the evidence establishing effective competition is not otherwise available, cable operators may request from a competitor information regarding the competitor's reach and number of subscribers. A competitor must respond to such request within 15 days. Such responses may be limited to numerical totals. In addition, with respect to petitions filed seeking to demonstrate the presence of effective competition pursuant to § 76.905(b)(4) , the Commission may issue an order directing one or more persons to produce information relevant to the petition's disposition. [ 64 FR 35950 , July 2, 1999, as amended at 80 FR 38013 , July 2, 2015] § 76.910 Franchising authority certification. ( a ) A franchising authority must be certified by the Commission in order to regulate the basic service tier and associated equipment of a cable system within its jurisdiction. ( b ) To be certified, the franchising authority must file with the Commission a written certification that: ( 1 ) The franchising authority will adopt and administer regulations with respect to the rates for the basic service tier that are consistent with the regulations prescribed by the Commission for regulation of the basic service tier; ( 2 ) The franchising authority has the legal authority to adopt, and the personnel to administer, such regulations; ( 3 ) Procedural laws and regulations applicable to rate regulation proceedings by such authority provide a reasonable opportunity for consideration of the views of interested parties; and ( 4 ) The cable system in question is not subject to effective competition. The franchising authority must submit specific evidence demonstrating its rebuttal of the presumption in § 76.906 that the cable operator is subject to effective competition pursuant to section 76.905(b)(2) . Unless a franchising authority has actual knowledge to the contrary, the franchising authority may rely on the presumption in § 76.906 that the cable operator is not subject to effective competition pursuant to section 76.905(b)(1) , (3) , or (4) . The franchising authority bears the burden of submitting evidence rebutting the presumption that competing provider effective competition, as defined in § 76.905(b)(2) , exists in the franchise area. If the evidence establishing the lack of effective competition is not otherwise available, franchising authorities may request from a multichannel video programming distributor information regarding the multichannel video programming distributor's reach and number of subscribers. A multichannel video programming distributor must respond to such request within 15 days. Such responses may be limited to numerical totals. ( c ) The written certification described in paragraph (b) of this section shall be made by completing and filing FCC Form 328. FCC Form 328 can be obtained from the internet at http://www.fcc.gov/Forms/Form328/328.pdf or by calling the FCC Forms Distribution Center at 1-800-418-3676. The form must be filed by ( 1 ) Registered mail, return receipt requested, or ( 2 ) Hand-delivery to the Commission and a date-stamped copy obtained. The date on the return receipt or on the date-stamped copy is the date filed. ( d ) A copy of the certification form described in paragraph (c) of this section must be served on the cable operator before or on the same day it is filed with the Commission. ( e ) Unless the Commission notifies the franchising authority otherwise, the certification will become effective 30 days after the date filed, provided, however, That the franchising authority may not regulate the rates of a cable system unless it: ( 1 ) Adopts regulations: ( i ) Consistent with the Commission's regulations governing the basic tier; and ( ii ) Providing a reasonable opportunity for consideration of the views of interested parties, within 120 days of the effective date of certification; and ( 2 ) Notifies the cable operator that the authority has been certified and has adopted the regulations required by paragraph (e)(1) of this section. ( f ) If the Commission denies a franchising authority's certification, the Commission will notify the franchising authority of any revisions or modifications necessary to obtain approval. [ 58 FR 29753 , May 21, 1993, as amended at 80 FR 38013 , July 2, 2015; 83 FR 60776 , Nov. 27, 2018] § 76.911 Petition for reconsideration of certification. ( a ) A cable operator (or other interested party) may challenge a franchising authority's certification by filing a petition for reconsideration pursuant to § 1.106 . The petition may allege either of the following: ( 1 ) The cable operator is not subject to rate regulation because effective competition exists as defined in § 76.905 . Sections 76.907(b) and (c) apply to petitions filed under this section. ( 2 ) The franchising authority does not meet the certification standards set forth in 47 U.S.C. 543(a)(3) . ( b ) Stay of rate regulation. ( 1 ) The filing of a petition for reconsideration pursuant to paragraph (a)(1) of this section will automatically stay the imposition of rate regulation pending the outcome of the reconsideration proceeding. ( 2 ) A petitioner filing pursuant to paragraph (a)(2) of this section may request a stay of rate regulation. ( 3 ) In any case in which a stay of rate regulation has been granted, if the petition for reconsideration is denied, the cable operator may be required to refund any rates or portion of rates above the permitted tier charge or permitted equipment charge which were collected from the date the operator implements a prospective rate reduction back in time to September 1, 1993, or one year, whichever is shorter. ( c ) The filing of a petition for reconsideration alleging the presence of effective competition based on frivolous grounds is prohibited, and may be subject to forfeitures. ( d ) If the Commission upholds a challenge to a certification filed pursuant to paragraph (a)(2) of this section, the Commission will notify the franchising authority of the revisions necessary to secure approval and provide the authority an opportunity to amend its certification however necessary to secure approval. Provided, however, That pending approval of certification, the Commission will assume jurisdiction over basic cable service rates in that franchise area. [ 58 FR 29753 , May 21, 1993, as amended at 58 FR 46735 , Sept. 2, 1993; 64 FR 35950 , July 2, 1999] § 76.912 Joint certification. ( a ) Franchising authorities may apply for joint certification and may engage in joint regulation, including, but not limited to, joint hearings, data collection, and ratemaking. Franchising authorities jointly certified to regulate their cable system(s) may make independent rate decisions. ( b ) Franchising authorities may apply for joint certification regardless of whether the authorities are served by the same cable system or by different cable systems and regardless of whether the rates in each franchising area are uniform. § 76.913 Assumption of jurisdiction by the Commission. ( a ) Upon denial or revocation of the franchising authority's certification, the Commission will regulate rates for cable services and associated equipment of a cable system not subject to effective competition, as defined in § 76.905 , in a franchise area. Such regulation by the Commission will continue until the franchising authority has obtained certification or recertification. ( b ) A franchising authority unable to meet certification standards may petition the Commission to regulate the rates for basic cable service and associated equipment of its franchisee when: ( 1 ) The franchising authority lacks the resources to administer rate regulation. ( 2 ) The franchising authority lacks the legal authority to regulate basic service rates; Provided, however, That the authority must submit with its request a statement detailing the nature of the legal infirmity. ( c ) The Commission will regulate basic service rates pursuant to this Section until the franchising authority qualifies to exercise jurisdiction pursuant to § 76.916 . [ 58 FR 29753 , May 21, 1993, as amended at 62 FR 6495 , Feb. 12, 1997] § 76.914 Revocation of certification. ( a ) A franchising authority's certification shall be revoked if: ( 1 ) After the franchising authority has been given a reasonable opportunity to comment and cure any minor nonconformance, it is determined that state and local laws and regulations are in substantial and material conflict with the Commission's regulations governing cable rates. ( 2 ) After being given an opportunity to cure the defect, a franchising authority fails to fulfill one of the three conditions for certification, set forth in 47 U.S.C. 543(a)(3) , or any of the provisions of § 76.910(b) . ( b ) In all cases of revocation, the Commission will assume jurisdiction over basic service rates until an authority becomes recertified. The Commission will also notify the franchising authority regarding the corrective action that may be taken. ( c ) A cable operator may file a petition for special relief pursuant to § 76.7 of this part seeking revocation of a franchising authority's certification. ( d ) While a petition for revocation is pending, and absent grant of a stay, the franchising authority may continue to regulate the basic service rates of its franchisees. [ 58 FR 29753 , May 21, 1993, as amended at 59 FR 17972 , Apr. 15, 1994; 64 FR 6572 , Feb. 10, 1999] § 76.916 Petition for recertification. ( a ) After its request for certification has been denied or its existing certification has been revoked, a franchising authority wishing to assume jurisdiction to regulate basic service and associated equipment rates must file a “Petition for Recertification” accompanied by a copy of the earlier decision denying or revoking certification. ( b ) The petition must: ( 1 ) Meet the requirements set forth in 47 U.S.C. 543(a)(3) ; ( 2 ) State that the cable system is not subject to effective competition; and ( 3 ) Contain a clear showing, supported by either objectively verifiable data such as a state statute, or by affidavit, that the reasons for the earlier denial or revocation no longer pertain. ( c ) The petition must be served on the cable operator and on any interested party that participated in the proceeding denying or revoking the original certification. ( d ) Oppositions may be filed within 15 days after the petition is filed, and must be served on the petitioner. Replies may be filed within seven days of filing of oppositions, and must be served on the opposing party(ies). § 76.917 Notification of certification withdrawal. A franchising authority that has been certified to regulate rates may, at any time, notify the Commission that it no longer intends to regulate basic cable rates. Such notification shall include the franchising authority's determination that rate regulation no longer serves the interests of cable subscribers served by the cable system within the franchising authority's jurisdiction, and that it has received no consideration for its withdrawal of certification. Such notification shall be served on the cable operator. The Commission retains the right to review such determinations and to request the factual finding of the franchising authority underlying its decision to withdraw certification. The franchising authority's withdrawal becomes effective upon notification to the Commission. [ 59 FR 17972 , Apr. 15, 1994] § 76.920 Composition of the basic tier. Every subscriber of a cable system must subscribe to the basic tier in order to subscribe to any other tier of video programming or to purchase any other video programming. § 76.921 Buy-through of other tiers prohibited. ( a ) No cable system operator, other than an operator subject to effective competition, may require the subscription to any tier other than the basic service tier as a condition of subscription to video programming offered on a per channel or per program charge basis. A cable operator may, however, require the subscription to one or more tiers of cable programming services as a condition of access to one or more tiers of cable programming services. ( b ) A cable operator not subject to effective competition may not discriminate between subscribers to the basic service tier and other subscribers with regard to the rates charged for video programming offered on a per-channel or per-program charge basis. ( c ) With respect to cable systems not subject to effective competition, prior to October 5, 2002, the provisions of paragraph (a) of this section shall not apply to any cable system that lacks the capacity to offer basic service and all programming distributed on a per channel or per program basis without also providing other intermediate tiers of service: ( 1 ) By controlling subscriber access to nonbasic channels of service through addressable equipment electronically controlled from a central control point; or ( 2 ) Through the installation, noninstallation, or removal of frequency filters (traps) at the premises of subscribers without other alteration in system configuration or design and without causing degradation in the technical quality of service provided. ( d ) With respect to cable systems not subject to effective competition, any retiering of channels or services that is not undertaken in order to accomplish legitimate regulatory, technical, or customer service objectives and that is intended to frustrate or has the effect of frustrating compliance with paragraphs (a) through (c) of this section is prohibited. [ 62 FR 6495 , Feb. 12, 1997] § 76.922 Rates for the basic service tier and cable programming services tiers. ( a ) Basic and cable programming service tier rates. Basic service tier and cable programming service rates shall be subject to regulation by the Commission and by state and local authorities, as is appropriate, in order to assure that they are in compliance with the requirements of 47 U.S.C. 543 . Rates that are demonstrated, in accordance with this part, not to exceed the “Initial Permitted Per Channel Charge” or the “Subsequent Permitted Per Channel Charge” as described in this section, or the equipment charges as specified in § 76.923 , will be accepted as in compliance. The maximum monthly charge per subscriber for a tier of regulated programming services offered by a cable system shall consist of a permitted per channel charge multiplied by the number of channels on the tier, plus a charge for franchise fees. The maximum monthly charges for regulated programming services shall not include any charges for equipment or installations. Charges for equipment and installations are to be calculated separately pursuant to § 76.923 . The same rate-making methodology (either the benchmark methodology found in paragraph (b) of this section, or a cost-of-service showing) shall be used to set initial rates on all rate regulated tiers, and shall continue to provide the basis for subsequent permitted charges. ( b ) Permitted charge on May 15, 1994. ( 1 ) The permitted charge for a tier of regulated program service shall be, at the election of the cable system, either: ( i ) A rate determined pursuant to a cost-of-service showing; ( ii ) The full reduction rate; ( iii ) The transition rate, if the system is eligible for transition relief; or ( iv ) A rate based on a streamlined rate reduction, if the system is eligible to implement such a rate reduction. Except where noted, the term “rate” in this subsection means a rate measured on an average regulated revenue per subscriber basis. ( 2 ) Full reduction rate. The “full reduction rate” on May 15, 1994 is the system's September 30, 1992 rate, measured on an average regulated revenue per subscriber basis, reduced by 17 percent, and then adjusted for the following: ( i ) The establishment of permitted equipment rates as required by § 76.923 ; ( ii ) Inflation measured by the GNP-PI between October 1, 1992 and September 30, 1993; ( iii ) Changes in the number of program channels subject to regulation that are offered on the system's program tiers between September 30, 1992 and the earlier of the initial date of regulation for any tier or February 28, 1994; and ( iv ) Changes in external costs that have occurred between the earlier of the initial date of regulation for any tier or February 28, 1994, and March 31, 1994. ( 3 ) March 31, 1994 benchmark rate. The “March 31, 1994 benchmark rate” is the rate so designated using the calculations in Form 1200. ( 4 ) Transition rates — ( i ) Termination of transition relief for systems other than low price systems. Systems other than low-price systems that already have established a transition rate as of the effective date of this rule may maintain their current rates, as adjusted under the price cap requirements of § 76.922(d) , until two years from the effective date of this rule. These systems must begin charging reasonable rates in accordance with applicable rules, other than transition relief, no later than that date. ( ii ) Low-price systems. Low price systems shall be eligible to establish a transition rate for a tier. ( A ) A low-price system is a system: ( 1 ) Whose March 31, 1994 rate is below its March 31, 1994 benchmark rate, or ( 2 ) Whose March 31, 1994 rate is above its March 31, 1994 benchmark rate, but whose March 31, 1994 full reduction rate is below its March 31, 1994 benchmark rate, as defined in § 76.922(b)(2) , above. ( B ) The transition rate on May 15, 1994 for a system whose March 31, 1994 rate is below its March 31, 1994 benchmark rate is the system's March 31, 1994 rate. The March 31, 1994 rate is in both cases adjusted: ( 1 ) To establish permitted rates for equipment as required by § 76.923 if such rates have not already been established; and ( 2 ) For changes in external costs incurred between the earlier of initial date of regulation of any tier or February 28, 1994, and March 31, 1994, to the extent changes in such costs are not already reflected in the system's March 31, 1994 rate. The transition rate on May 15, 1994 for a system whose March 31, 1994 adjusted rate is above its March 31, 1994 benchmark rate, but whose March 31, 1994 full reduction rate is below its March 31, 1994 benchmark rate, is the March 31, 1994 benchmark rate, adjusted to establish permitted rates for equipment as required by § 76.923 if such rates have not already been established. ( iii ) Notwithstanding the foregoing, the transition rate for a tier shall be adjusted to reflect any determination by a local franchising authority and/or the Commission that the rate in effect on March 31, 1994 was higher (or lower) than that permitted under applicable Commission regulations. A filing reflecting the adjusted rate shall be submitted to all relevant authorities within 30 days after issuance of the local franchising authority and/or Commission determination. A system whose March 31, 1994 rate is determined by a local franchising authority or the Commission to be too high under the Commission's rate regulations in effect before May 15, 1994 will be subject to any refund liability that may accrue under those rules. In addition, the system will be liable for refund liability under the rules in effect on and after May 15, 1994. Such refund liability will be measured by the difference in the system's March 31, 1994 rate and its permitted March 31, 1994 rate as calculated under the Commission's rate regulations in effect before May 15, 1994. The refund liability will accrue according to the time periods set forth in §§ 76.942 , and 76.961 of the Commission's rules. ( 5 ) Streamlined rate reductions. ( i ) Upon becoming subject to rate regulation, a small system owned by a small cable company may make a streamlined rate reduction, subject to the following conditions, in lieu of establishing initial rates pursuant to the other methods of rate regulation set forth in this subpart: ( A ) Small systems that are owned by small cable companies and that have not already restructured their rates to comply with the Commission's rules may establish rates for regulated program services and equipment by making a streamlined rate reduction. Small systems owned by small cable companies shall not be eligible for streamlined rate reductions if they are owned or controlled by, or are under common control or affiliated with, a cable operator that exceeds these subscriber limits. For purposes of this rule, a small system will be considered “affiliated with” such an operator if the operator has a 20 percent or greater equity interest in the small system. ( B ) The streamlined rate for a tier on May 15, 1994 shall be the system's March 31, 1994 rate for the tier, reduced by 14 percent. A small system that elects to establish its rate for a tier by implementing this streamlined rate reduction must also reduce, at the same time, each billed item of regulated cable service, including equipment, by 14 percent. Regulated rates established using the streamlined rate reduction process shall remain in effect until: ( 1 ) Adoption of a further order by the Commission establishing a schedule of average equipment costs; ( 2 ) The system increases its rates using the calculations and time periods set forth in FCC Form 1211; or ( 3 ) The system elects to establish permitted rates under another available option set forth in paragraph (b)(1) of this section. ( C ) Implementation and notification. An eligible small system that elects to use the streamlined rate reduction process must implement the required rate reductions and provide written notice of such reductions to subscribers, the local franchising authority and the Commission according to the following schedule: ( 1 ) Within 60 days from the date it receives the initial notice of regulation from the franchising authority or the Commission, the small system must provide written notice to subscribers and the franchising authority, or to the Commission if the Commission is regulating the basic tier, that it is electing to set its regulated rates by the streamlined rate reduction process. The system must then implement the streamlined rate reductions within 30 days after the written notification has been provided to subscribers and the local franchise authority or Commission. ( 2 ) If a cable programming services complaint is filed against the system, the system must provide the required written notice, described in paragraph (b)(5)(iii)(C)( 1 ) of this section, to subscribers, the local franchising authority or the Commission within 60 days after the complaint is filed. The system must then implement the streamlined rate reductions within 30 days after the written notification has been provided. ( 3 ) A small system is required to give written notice of, and to implement, the rates that are produced by the streamlined rate reduction process only once. If a system has already provided notice of, and implemented, the streamlined rate reductions when a given tier becomes subject to regulation, it must report to the relevant regulator (either the franchising authority or the Commission) in writing within 30 days of becoming subject to regulation that it has already provided the required notice and implemented the required rate reductions. ( ii ) The stremlined rate for a tier on May 15, 1994 shall be the system's March 31, 1994 rate for the tier, reduced by 14 percent. A small system that elects to establish its rate for a tier by implementing this streamlined rate reduction must also reduce, at the same time, each billed item of regulated cable service, including equipment, by 14 percent. Regulated rates established using the streamlined rate reduction process shall remain in effect until: ( A ) Adoption of a further order by the Commission establishing a schedule of average equipment costs; ( B ) The system increases its rates using the calculations and time periods set forth in FCC Form 1211; or ( C ) The system elects to establish permitted rates under another available option set forth in paragraph (b)(1) of this section. ( iii ) Implementation and notification. An eligible small system that elects to use the streamlined rate reduction process must implement the required rate reductions and provide written notice of such reductions to subscribers, the local franchising authority and the Commission according to the following schedule: ( A ) Where the franchising authority has been certified by the Commission to regulate the small system's basic service tier rates as of May 15, 1994, the system must notify the franchising authority and its subscribers in writing that it is electing to set its regulated rates by the streamline rate reduction process. Such notice must be given by June 15, 1994, and must also describe the new rates that will result from the streamlined rate reduction process. Those rates must then be implemented within 30 days after the written notification has been provided to subscribers and the local franchising authority. ( B ) Where the franchising authority has not been certified to regulate basic service tier rates by May 15, 1994, the small system must provide the written notice to subscribers and the franchising authority, described in paragraph (b)(5)(iii)(A) of this section, within 30 days from the date it receives the initial notice of regulation from the franchising authority. The system must then implement the streamlined rate reductions within 30 days after the written notification has been provided to subscribers and the local franchise authority. ( C ) Where the Commission is regulating the small system's basic service tier rates as of May 15, 1994, the system must notify the Commission and its subscribers in writing that it is electing to set its regulated rates by the streamlined rate reduction process. Such notice must be given by June 15, 1994, and must also describe the new rates that will result from the streamlined rate reduction process. Those rates must then be implemented within 30 days after the written notification has been provided to subscribers and the Commission. ( D ) Where the Commission begins regulating basic service rates after May 15, 1994, the small system must provide the written notice to subscribers and the Commission, described in paragraph (b)(5)(iii)(C) of this section, within 30 days from the date it receives an initial notice of regulation. The system must then implement the streamlined rate reductions within 30 days after the written notification has been provided to subscribers and the Commission. ( E ) If a complaint about its cable programming service rates has been filed with the Commission on or before May 15, 1994, the small system must provide the written notice described in paragraph (b)(5)(iii)(A) of this section, to subscribers, the local franchising authority and the Commission by June 15, 1994. If a cable programming services complaint is filed against the system after May 15, 1994, the system must provide the required written notice to subscribers, the local franchising authority or the Commission within 30 days after the complaint is filed. The system must then implement the streamlined rate reductions within 30 days after the written notification has been provided. ( F ) A small system is required to give written notice of, and to implement, the rates that are produced by the streamlined rate reduction process only once. If a system has already provided notice of, and implemented, the streamlined rate reductions when a given tier becomes subject to regulation, it must report to the relevant regulator (either the franchising authority or the Commission) in writing within 30 days of becoming subject to regulation that it has already provided the required notice and implemented the required rate reductions. ( 6 ) Establishment of initial regulated rates. ( i ) Cable systems, other than those eligible for streamlined rate reductions, shall file FCC Forms 1200, 1205, and 1215 for a tier that is regulated on May 15, 1994 by June 15, 1994, or thirty days after the initial date of regulation for the tier. A system that becomes subject to regulation for the first time on or after July 1, 1994 shall also file FCC Form 1210 at the time it files FCC Forms 1200, 1205 and 1215. ( ii ) A cable system will not incur refund liability under the Commission's rules governing regulated cable rates on and after May 15, 1994 if: ( A ) Between March 31, 1994 and July 14, 1994, the system does not change the rate for, or restructure in any fashion, any program service or equipment offering that is subject to regulation under the 1992 Cable Act; and ( B ) The system establishes a permitted rate defined in paragraph (b) of this section by July 14, 1994. The deferral of refund liability permitted by this subsection will terminate if, after March 31, 1994, the system changes any rate for, or restructures, any program service or equipment offering subject to regulation, and in all events will expire on July 14, 1994. Moreover, the deferral of refund liability permitted by this paragraph does not apply to refund liability that occurs because the system's March 31, 1994 rates for program services and equipment subject to regulation are higher than the levels permitted under the Commission's rules in effect before May 15, 1994. ( 7 ) For purposes of this section, the initial date of regulation for the basic service tier shall be the date on which notice is given pursuant to § 76.910 , that the provision of the basic service tier is subject to regulation. For a cable programming services tier, the initial date of regulation shall be the first date on which a complaint on the appropriate form is filed with the Commission concerning rates charged for the cable programming services tier. ( 8 ) For purposes of this section, rates in effect on the initial date of regulation or on September 30, 1992 shall be the rates charged to subscribers for service received on that date. ( 9 ) Updating data calculations. ( i ) For purposes of this section, if: ( A ) A cable operator, prior to becoming subject to regulation, revised its rates to comply with the Commission's rules; and ( B ) The data on which the cable operator relied was current and accurate at the time of revision, and the rate is accurate and justified by the prior data; and ( C ) Through no fault of the cable operator, the rates that resulted from using such data differ from the rates that would result from using data current and accurate at the time the cable operator's system becomes subject to regulation; then the cable operator is not required to change its rates to reflect the data current at the time it becomes subject to regulation. ( ii ) Notwithstanding the above, any subsequent changes in a cable operator's rates must be made from rate levels derived from data [that was current as of the date of the rate change]. ( iii ) For purposes of this subsection, if the rates charged by a cable operator are not justified by an analysis based on the data available at the time it initially adjusted its rates, the cable operator must adjust its rates in accordance with the most accurate data available at the time of the analysis. ( c ) Subsequent permitted charge. ( 1 ) The permitted charge for a tier after May 15, 1994 shall be, at the election of the cable system, either: ( i ) A rate determined pursuant to a cost-of-service showing, ( ii ) A rate determined by application of the Commission's price cap requirements set forth in paragraph (d) of this section to a permitted rate determined in accordance with paragraph (b) of this section, or ( iii ) A rate determined by application of the Commission's price cap requirements set forth in paragraph (e) of this section to a permitted rate determined in accordance with paragraph (b) of this section. ( 2 ) The Commission's price cap requirements allow a system to adjust its permitted charges for inflation, changes in the number of regulated channels on tiers, or changes in external costs. After May 15, 1994, adjustments for changes in external costs shall be calculated by subtracting external costs from the system's permitted charge and making changes to that “external cost component” as necessary. The remaining charge, referred to as the “residual component,” will be adjusted annually for inflation. Cable systems may adjust their rates by using the price cap rules contained in either paragraph (d) or (e) of this section. In addition, cable systems may further adjust their rates using the methodologies set forth in paragraph (n) of this section. ( 3 ) An operator may switch between the quarterly rate adjustment option contained in paragraph (d) of this section and the annual rate adjustment option contained in paragraph (e) of this section, provided that: ( i ) Whenever an operator switches from the current quarterly system to the annual system, the operator may not file a Form 1240 earlier than 90 days after the operator proposed its last rate adjustment on a Form 1210; and ( ii ) When an operator changes from the annual system to the quarterly system, the operator may not return to a quarterly adjustment using a Form 1210 until a full quarter after it has filed a true up of its annual rate on a Form 1240 for the preceding filing period. ( 4 ) An operator that does not set its rates pursuant to a cost-of-service filing must use the quarterly rate adjustment methodology pursuant to paragraph (d) of this section or annual rate adjustment methodology pursuant to paragraph (e) of this section for both its basic service tier and its cable programming services tier(s). ( d ) Quarterly rate adjustment method — ( 1 ) Calendar year quarters. All systems using the quarterly rate adjustment methodology must use the following calendar year quarters when adjusting rates under the price cap requirements. The first quarter shall run from January 1 through March 31 of the relevant year; the second quarter shall run from April 1 through June 30; the third quarter shall run from July 1 through September 30; and the fourth quarter shall run from October 1 through December 31. ( 2 ) Inflation adjustments. The residual component of a system's permitted charge may be adjusted annually for inflation. The annual inflation adjustment shall be used on inflation occurring from June 30 of the previous year to June 30 of the year in which the inflation adjustment is made, except that the first annual inflation adjustment shall cover inflation from September 30, 1993 until June 30 of the year in which the inflation adjustment is made. The adjustment may be made after September 30, but no later than August 31, of the next calendar year. Adjustments shall be based on changes in the Gross National Product Price Index as published by the Bureau of Economic Analysis of the United States Department of Commerce. Cable systems that establish a transition rate pursuant to paragraph (b)(4) of this section may not begin adjusting rates on account of inflation before April 1, 1995. Between April 1, 1995 and August 31, 1995 cable systems that established a transition rate may adjust their rates to reflect the net of a 5.21% inflation adjustment minus any inflation adjustments they have already received. Low price systems that had their March 31, 1994 rates above the benchmark, but their full reduction rate below the benchmark will be permitted to adjust their rates to reflect the full 5.21% inflation factor unless the rate reduction was less than the inflation adjustment received on an FCC Form 393 for rates established prior to May 15, 1994. If the rate reduction established by a low price system that reduced its rate to the benchmark was less than the inflation adjustment received on an FCC Form 393, the system will be permitted to receive the 5.21% inflation adjustment minus the difference between the rate reduction and the inflation adjustment the system made on its FCC Form 393. Cable systems that established a transition rate may make future inflation adjustments on an annual basis with all other cable operators, no earlier than October 1 of each year and no later than August 31 of the following year to reflect the final GNP-PI through June 30 of the applicable year. ( 3 ) External costs. ( i ) Permitted charges for a tier may be adjusted up to quarterly to reflect changes in external costs experienced by the cable system as defined by paragraph (f) of this section. In all events, a system must adjust its rates annually to reflect any decreases in external costs that have not previously been accounted for in the system's rates. A system must also adjust its rates annually to reflect any changes in external costs, inflation and the number of channels on regulated tiers that occurred during the year if the system wishes to have such changes reflected in its regulated rates. A system that does not adjust its permitted rates annually to account for those changes will not be permitted to increase its rates subsequently to reflect the changes. ( ii ) A system must adjust its rates in the next calendar year quarter for any decrease in programming costs that results from the deletion of a channel or channels from a regulated tier. ( iii ) Any rate increase made to reflect an increase in external costs must also fully account for all other changes in external costs, inflation and the number of channels on regulated tiers that occurred during the same period. Rate adjustments made to reflect changes in external costs shall be based on any changes in those external costs that occurred from the end of the last quarter for which an adjustment was previously made through the end of the quarter that has most recently closed preceding the filing of the FCC Form 1210 (or FCC Form 1211, where applicable). A system may adjust its rates after the close of a quarter to reflect changes in external costs that occurred during that quarter as soon as it has sufficient information to calculate the rate change. ( e ) Annual rate adjustment method — ( 1 ) Generally. Except as provided for in paragraphs (e)(2)(iii)(B) and (e)(2)(iii)(C) of this section and Section 76.923(o) , operators that elect the annual rate adjustment method may not adjust their rates more than annually to reflect inflation, changes in external costs, changes in the number of regulated channels, and changes in equipment costs. Operators that make rate adjustments using this method must file on the same date a Form 1240 for the purpose of making rate adjustments to reflect inflation, changes in external costs and changes in the number of regulated channels and a Form 1205 for the purpose of adjusting rates for regulated equipment and installation. Operators may choose the annual filing date, but they must notify the franchising authority of their proposed filing date prior to their filing. Franchising authorities or their designees may reject the annual filing date chosen by the operator for good cause. If the franchising authority finds good cause to reject the proposed filing date, the franchising authority and the operator should work together in an effort to reach a mutually acceptable date. If no agreement can be reached, the franchising authority may set the filing date up to 60 days later than the date chosen by the operator. An operator may change its filing date from year-to-year, but except as described in paragraphs (e)(2)(iii)(B) and (e)(2)(iii)(C) of this section, at least twelve months must pass before the operator can implement its next annual adjustment. ( 2 ) Projecting inflation, changes in external costs, and changes in number of regulated channels. An operator that elects the annual rate adjustment method may adjust its rates to reflect inflation, changes in external costs and changes in the number of regulated channels that are projected for the 12 months following the date the operator is scheduled to make its rate adjustment pursuant to Section 76.933(g) . ( i ) Inflation Adjustments. The residual component of a system's permitted charge may be adjusted annually to project for the 12 months following the date the operator is scheduled to make a rate adjustment. The annual inflation adjustment shall be based on inflation that occurred in the most recently completed July 1 to June 30 period. Adjustments shall be based on changes in the Gross National Product Price Index as published by the Bureau of Economic Analysis of the United States Department of Commerce. ( ii ) External costs. ( A ) Permitted charges for a tier may be adjusted annually to reflect changes in external costs experienced but not yet accounted for by the cable system, as well as for projections in these external costs for the 12-month period on which the filing is based. In order that rates be adjusted for projections in external costs, the operator must demonstrate that such projections are reasonably certain and reasonably quantifiable. Projections involving copyright fees, retransmission consent fees, other programming costs, Commission regulatory fees, and cable specific taxes are presumed to be reasonably certain and reasonably quantifiable. Operators may project for increases in franchise related costs to the extent that they are reasonably certain and reasonably quantifiable, but such changes are not presumed reasonably certain and reasonably quantifiable. Operators may pass through increases in franchise fees pursuant to Section 76.933(g) . ( B ) In all events, a system must adjust its rates every twelve months to reflect any net decreases in external costs that have not previously been accounted for in the system's rates. ( C ) Any rate increase made to reflect increases or projected increases in external costs must also fully account for all other changes and projected changes in external costs, inflation and the number of channels on regulated tiers that occurred or will occur during the same period. Rate adjustments made to reflect changes in external costs shall be based on any changes, plus projections, in those external costs that occurred or will occur in the relevant time periods since the periods used in the operator's most recent previous FCC Form 1240. ( iii ) Channel adjustments. ( A ) Permitted charges for a tier may be adjusted annually to reflect changes not yet accounted for in the number of regulated channels provided by the cable system, as well as for projected changes in the number of regulated channels for the 12-month period on which the filing is based. In order that rates be adjusted for projected changes to the number of regulated channels, the operator must demonstrate that such projections are reasonably certain and reasonably quantifiable. ( B ) An operator may make rate adjustments for the addition of required channels to the basic service tier that are required under federal or local law at any time such additions occur, subject to the filing requirements of Section 76.933(g)(2) , regardless of whether such additions occur outside of the annual filing cycle. Required channels may include must-carry, local origination, public, educational and governmental access and leased access channels. Should the operator elect not to pass through the costs immediately, it may accrue the costs of the additional channels plus interest, as described in paragraph (e)(3) of this section. ( C ) An operator may make one additional rate adjustment during the year to reflect channel additions to the cable programming services tiers or, where the operator offers only one regulated tier, the basic service tier. Operators may make this additional rate adjustment at any time during the year, subject to the filing requirements of Section 76.933(g)(2) , regardless of whether the channel addition occurs outside of the annual filing cycle. Should the operator elect not to pass through the costs immediately, it may accrue the costs of the additional channels plus interest, as described in paragraph (e)(3) of this section. ( 3 ) True-up and accrual of charges not projected. As part of the annual rate adjustment, an operator must “true up” its previously projected inflation, changes in external costs and changes in the number of regulated channels and adjust its rates for these actual cost changes. The operator must decrease its rates for overestimation of its projected cost changes, and may increase its rates to adjust for underestimation of its projected cost changes. ( i ) Where an operator has underestimated costs, future rates may be increased to permit recovery of the accrued costs plus 11.25% interest between the date the costs are incurred and the date the operator is entitled to make its rate adjustment. ( ii ) Per channel adjustment. Operators may increase rates by a per channel adjustment of up to 20 cents per subscriber per month, exclusive of programming costs, for each channel added to a CPST between May 15, 1994, and December 31, 1997, except that an operator may take the per channel adjustment only for channel additions that result in an increase in the highest number of channels offered on all CPSTs as compared to May 14, 1994, and each date thereafter. Any revenues received from a programmer, or shared by a programmer and an operator in connection with the addition of a channel to a CPST shall first be deducted from programming costs for that channel pursuant to paragraph (d)(3)(x) of this section and then, to the extent revenues received from the programmer are greater than the programming costs, shall be deducted from the per channel adjustment. This deduction will apply on a channel by channel basis. With respect to the per channel adjustment only, this deduction shall not apply to revenues received by an operator from a programmer as commissions on sales of products or services offered through home shopping services. ( iii ) If an operator has underestimated its cost changes and elects not to recover these accrued costs with interest on the date the operator is entitled to make its annual rate adjustment, the interest will cease to accrue as of the date the operator is entitled to make the annual rate adjustment, but the operator will not lose its ability to recover such costs and interest. An operator may recover accrued costs between the date such costs are incurred and the date the operator actually implements its rate adjustment. ( iv ) Operators that use the annual methodology in their next filing after the release date of this Order may accrue costs and interest incurred since July 1, 1995 in that filing. Operators that file a Form 1210 in their next filing after the release date of this Order, and elect to use Form 1240 in a subsequent filing, may accrue costs incurred since the end of the last quarter to which a Form 1210 applies. ( 4 ) Sunset provision. The Commission will review paragraph (e) of this section prior to December 31, 1998 to determine whether the annual rate adjustment methodology should be kept, and whether the quarterly system should be eliminated and replaced with the annual rate adjustment method. ( f ) External costs. ( 1 ) External costs shall consist of costs in the following categories: ( i ) State and local taxes applicable to the provision of cable television service; ( ii ) Franchise fees; ( iii ) Costs of complying with franchise requirements, including costs of providing public, educational, and governmental access channels as required by the franchising authority; ( iv ) Retransmission consent fees and copyright fees incurred for the carriage of broadcast signals; ( v ) Other programming costs; and ( vi ) Commission cable television system regulatory fees imposed pursuant to 47 U.S.C. § 159 . ( vii ) Headend equipment costs necessary for the carriage of digital broadcast signals. ( 2 ) The permitted charge for a regulated tier shall be adjusted on account of programming costs, copyright fees and retransmission consent fees only for the program channels or broadcast signals offered on that tier. ( 3 ) The permitted charge shall not be adjusted for costs of retransmission consent fees or changes in those fees incurred prior to October 6, 1994. ( 4 ) The starting date for adjustments on account of external costs for a tier of regulated programming service shall be the earlier of the initial date of regulation for any basic or cable service tier or February 28, 1994. Except, for regulated FCC Form 1200 rates set on the basis of rates at September 30, 1992 (using either March 31, 1994 rates initially determined from FCC Form 393 Worksheet 2 or using Form 1200 Full Reduction Rates from Line J6), the starting date shall be September 30, 1992. Operators in this latter group may make adjustment for changes in external costs for the period between September 30, 1992, and the initial date of regulation or February 28, 1994, whichever is applicable, based either on changes in the GNP-PI over that period or on the actual change in the external costs over that period. Thereafter, adjustment for external costs may be made on the basis of actual changes in external costs only. ( 5 ) Changes in franchise fees shall not result in an adjustment to permitted charges, but rather shall be calculated separately as part of the maximum monthly charge per subscriber for a tier of regulated programming service. ( 6 ) Adjustments to permitted charges to reflect changes in the costs of programming purchased from affiliated programmers, as defined in § 76.901 , shall be permitted as long as the price charged to the affiliated system reflects either prevailing company prices offered in the marketplace to third parties (where the affiliated program supplier has established such prices) or the fair market value of the programming. ( i ) For purposes of this section, entities are affiliated if either entity has an attributable interest in the other or if a third party has an attributable interest in both entities. ( ii ) Attributable interest shall be defined by reference to the criteria set forth in Notes 1 through 5 to § 76.501 provided, however, that: ( A ) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply; and ( B ) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or nonvoting stock or limited partnership equity interests of five (5) percent or more. ( 7 ) Adjustments to permitted charges on account of increases in costs of programming shall be further adjusted to reflect any revenues received by the operator from the programmer. Such adjustments shall apply on a channel-by-channel basis. ( 8 ) In calculating programming expense, operators may add a mark-up of 7.5% for increases in programming costs occurring after March 31, 1994, except that operators may not file for or take the 7.5% mark-up on programming costs for new channels added on or after May 15, 1994 for which the operator has used the methodology set forth in paragraph (g)(3) of this section for adjusting rates for channels added to cable programming service tiers. Operators shall reduce rates by decreases in programming expense plus an additional 7.5% for decreases occurring after May 15, 1994 except with respect to programming cost decreases on channels added after May 15, 1994 for which the rate adjustment methodology in paragraph (g)(3) of this section was used. ( g ) Changes in the number of channels on regulated tiers — ( 1 ) Generally. A system may adjust the residual component of its permitted rate for a tier to reflect changes in the number of channels offered on the tier on a quarterly basis. Cable systems shall use FCC Form 1210 (or FCC Form 1211, where applicable) or FCC Form 1240 to justify rate changes made on account of changes in the number of channels on a basic service tier (“BST”) or a cable programming service tier (“CPST”). Such rate adjustments shall be based on any changes in the number of regulated channels that occurred from the end of the last quarter for which an adjustment was previously made through the end of the quarter that has most recently closed preceding the filing of the FCC Form 1210 (or FCC Form 1211, where applicable) or FCC Form 1240. However, when a system deletes channels in a calendar quarter, the system must adjust the residual component of the tier charge in the next calendar quarter to reflect that deletion. Operators must elect between the channel addition rules in paragraphs (g)(2) and (g)(3) of this section the first time they adjust rates after December 31, 1994, to reflect a channel addition to a CPST that occurred on or after May 15, 1994, and must use the elected methodology for all rate adjustments through December 31, 1997. A system that adjusted rates after May 15, 1994, but before January 1, 1995 on account of a change in the number of channels on a CPST that occurred after May 15, 1994, may elect to revise its rates to charge the rates permitted by paragraph (g)(3) of this section on or after January 1, 1995, but is not required to do so as a condition for using the methodology in paragraph (g)(3) of this section for rate adjustments after January 1, 1995. Rates for the BST will be governed exclusively by paragraph (g)(2) of this section, except that where a system offered only one tier on May 14, 1994, the cable operator will be allowed to elect between paragraphs (g)(2) and (g)(3) of this section as if the tier was a CPST. ( 2 ) Adjusting rates for increases in the number of channels offered between May 15, 1994, and December 31, 1997, on a basic service tier and at the election of the operator on a cable programming service tier. The following table shall be used to adjust permitted rates for increases in the number of channels offered between May 15, 1994, and December 31, 1997, on a basic service tier and subject to the conditions in paragraph (g)(1) of this section at the election of the operator on a CPST. The entries in the table provide the cents per channel per subscriber per month by which cable operators will adjust the residual component using FCC Form 1210 (or FCC Form 1211, where applicable) or FCC Form 1240. Average No. of regulated channels Per-channel adjustment factor 7 $0.52 7.5 0.45 8 0.40 8.5 0.36 9 0.33 9.5 0.29 10 0.27 10.5 0.24 11 0.22 11.5 0.20 12 0.19 12.5 0.17 13 0.16 13.5 0.15 14 0.14 14.5 0.13 15-15.5 0.12 16 0.11 16.5-17 0.10 17.5-18 0.09 18.5-19 0.08 19.5-21.5 0.07 22-23.5 0.06 24-26 0.05 26.5-29.5 0.04 30-35.5 0.03 36-46 0.02 46.5-99.5 0.01 In order to adjust the residual component of the tier charge when there is an increase in the number of channels on a tier, the operator shall perform the following calculations: ( i ) Take the sum of the old total number of channels on tiers subject to regulation ( i.e., tiers that are, or could be, regulated but excluding New Product Tiers) and the new total number of channels and divide the resulting number by two; ( ii ) Consult the above table to find the applicable per channel adjustment factor for the number of channels produced by the calculations in step (1). For each tier for which there has been an increase in the number of channels, multiply the per-channel adjustment factor times the change in the number of channels on that tier. The result is the total adjustment for that tier. ( 3 ) Alternative methodology for adjusting rates for changes in the number of channels offered on a cable programming service tier or a single tier system between May 15, 1994, and December 31, 1997. This paragraph at the Operator's discretion as set forth in paragraph (g)(1) of this section shall be used to adjust permitted rates for a CPST after December 31, 1994, for changes in the number of channels offered on a CPST between May 15, 1994, and December 31, 1997. For purposes of paragraph (g)(3) of this section, a single tier system may be treated as if it were a CPST. ( i ) Operators cap attributable to new channels on all CPSTs through December 31, 1997. Operators electing to use the methodology set forth in this paragraph may increase their rates between January 1, 1995, and December 31, 1997, by up to 20 cents per channel, exclusive of programming costs, for new channels added to CPSTs on or after May 15, 1994, except that they may not make rate adjustments totalling more than $1.20 per month, per subscriber through December 31, 1996, and by more than $1.40 per month, per subscriber through December 31, 1997 (the “Operator's Cap”). Except to the extent that the programming costs of such channels are covered by the License Fee Reserve provided for in paragraph (g)(3)(iii) of this section, programming costs associated with channels for which a rate adjustment is made pursuant to this paragraph (g)(3) of this section must fall within the Operators' Cap if the programming costs (including any increases therein) are reflected in rates before January 1, 1997. Inflation adjustments pursuant to paragraph (d)(2) or (e)(2) of this section are not counted against the Operator's Cap. ( ii ) Per channel adjustment. Operators may increase rates by a per channel adjustment of up to 20 cents per subscriber per month, exclusive of programming costs, for each channel added to a CPST between May 15, 1994, and December 31, 1997, except that an operator may take the per channel adjustment only for channel additions that result in an increase in the highest number of channels offered on all CPSTs as compared to May 14, 1994, and each date thereafter. Any revenues received from a programmer, or shared by a programmer and an operator in connection with the addition of a channel to a CPST shall first be deducted from programming costs for that channel pursuant to paragraph (f)(7) of this section and then, to the extent revenues received from the programmer are greater than the programming costs, shall be deducted from the per channel adjustment. This deduction will apply on a channel by channel basis. ( iii ) License fee reserve. In addition to the rate adjustments permitted in paragraphs (g)(3)(i) and (g)(3)(ii) of this section, operators that make channel additions on or after May 15, 1994 may increase their rates by a total of 30 cents per month, per subscriber between January 1, 1995, and December 31, 1996, for license fees associated with such channels (the “License Fee Reserve”). The License Fee Reserve may be applied against the initial license fee and any increase in the license fee for such channels during this period. An operator may pass-through to subscribers more than the 30 cents between January 1, 1995, and December 31, 1996, for license fees associated with channels added after May 15, 1994, provided that the total amount recovered from subscribers for such channels, including the License Fee Reserve, does not exceed $1.50 per subscriber, per month. After December 31, 1996, license fees may be passed through to subscribers pursuant to paragraph (f) of this section, except that license fees associated with channels added pursuant to this paragraph (3) will not be eligible for the 7.5% mark-up on increases in programming costs. ( iv ) Timing. For purposes of determining whether a rate increase counts against the maximum rate increases specified in paragraphs (g)(3)(i) through (g)(3)(ii) of this section, the relevant date shall be when rates are increased as a result of channel additions, not when the addition occurs. ( 4 ) Deletion of channels. When dropping a channel from a BST or CPST, operators shall reflect the net reduction in external costs in their rates pursuant to paragraphs (d)(3)(i) and (d)(3)(ii) of this section, or paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section. With respect to channels to which the 7.5% mark-up on programming costs applied pursuant to paragraph (f)(8) of this section, the operator shall treat the mark-up as part of its programming costs and subtract the mark-up from its external costs. Operators shall also reduce the price of that tier by the “residual” associated with that channel. For channels that were on a BST or CPST on May 14, 1994, or channels added after that date pursuant to paragraph (g)(2) of this section, the per channel residual is the charge for their tier, minus the external costs for the tier, and any per channel adjustments made after that date, divided by the total number of channels on the tier minus the number of channels on the tier that received the per channel adjustment specified in paragraph (g)(3) of this section. For channels added to a CPST after May 14, 1994, pursuant to paragraph (g)(3) of this section, the residuals shall be the actual per channel adjustment taken for that channel when it was added to the tier. ( 5 ) Movement of Channels Between Tiers. When a channel is moved from a CPST or a BST to another CPST or BST, the price of the tier from which the channel is dropped shall be reduced to reflect the decrease in programming costs and residual as described in paragraph (g)(4) of this section. The residual associated with the shifted channel shall then be converted from per subscriber to aggregate numbers to ensure aggregate revenues from the channel remain the same when the channel is moved. The aggregate residual associated with the shifted channel may be shifted to the tier to which the channel is being moved. The residual shall then be converted to per subscriber figures on the new tier, plus any subsequent inflation adjustment. The price of the tier to which the channel is shifted may then be increased to reflect this amount. The price of that tier may also be increased to reflect any increase in programming cost. An operator may not shift a channel for which it received a per channel adjustment pursuant to paragraph (g)(3) of this section from a CPST to a BST. ( 6 ) Substitution of channels on a BST or CPST. If an operator substitutes a new channel for an existing channel on a CPST or a BST, no per channel adjustment may be made. Operators substituting channels on a CPST or a BST shall be required to reflect any reduction in programming costs in their rates and may reflect any increase in programming costs pursuant to paragraphs (d)(3)(i) and (d)(3)(ii), or paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section. If the programming cost for the new channel is greater than the programming cost for the replaced channel, and the operator chooses to pass that increase through to subscribers, the excess shall count against the License Fee Reserve or the Operator Cap when the increased cost is passed through to subscribers. Where an operator substitutes a new channel for a channel on which a 7.5% mark-up on programming costs was taken pursuant to paragraph (f)(8) of this section, the operator may retain the 7.5% mark-up on the license fee of the dropped channel to the extent that it is no greater than 7.5% of programming cost of the new service. ( 7 ) [Reserved] ( 8 ) Sunset provision. Paragraph (g) of this section shall cease to be effective on January 1, 1998 unless renewed by the Commission. ( h ) Permitted charges for a tier shall be determined in accordance with forms and associated instructions established by the Commission. ( i ) Cost of service charge. ( 1 ) For purposes of this section, a monthly cost-of-service charge for a basic service tier or a cable programming service tier is an amount equal to the annual revenue requirement for that tier divided by a number that is equal to 12 times the average number of subscribers to that tier during the test year, except that a monthly charge for a system or tier in service less than one year shall be equal to the projected annual revenue requirement for the first 12 months of operation or service divided by a number that is equal to 12 times the projected average number of subscribers during the first 12 months of operation or service. The calculation of the average number of subscribers shall include all subscribers, regardless of whether they receive service at full rates or at discounts. ( 2 ) A test year for an initial regulated charge is the cable operator's fiscal year preceding the initial date of regulation. A test year for a change in the basic service charge that is after the initial date of regulation is the cable operator's fiscal year preceding the mailing or other delivery of written notice pursuant to Section 76.932 . A test year for a change in a cable programming service charge after the initial date of regulation is the cable operator's fiscal year preceding the filing of a complaint regarding the increase. ( 3 ) The annual revenue requirement for a tier is the sum of the return component and the expense component for that tier. ( 4 ) The return component for a tier is the average allowable test year ratebase allocable to the tier adjusted for known and measurable changes occurring between the end of the test year and the effective date of the rate multiplied by the rate of return specified by the Commission or franchising authority. ( 5 ) The expense component for a tier is the sum of allowable test year expenses allocable to the tier adjusted for known and measurable changes occurring between the end of the test year and the effective date of the rate. ( 6 ) The ratebase may include the following: ( i ) Prudent investment by a cable operator in tangible plant that is used and useful in the provision of regulated cable services less accumulated depreciation. Tangible plant in service shall be valued at the actual money cost (or the money value of any consideration other than money) at the time it was first used to provide cable service, except that in the case of systems purchased before May 15, 1994 shall be presumed to equal 66% of the total purchase price allocable to assets (including tangible and intangible assets) used to provide regulated services. The 66% allowance shall not be used to justify any rate increase taken after the effective date of this rule. The actual money cost of plant may include an allowance for funds used during construction at the prime rate or the operator's actual cost of funds during construction. Cost overruns are presumed to be imprudent investment in the absence of a showing that the overrun occurred through no fault of the operator. ( ii ) An allowance for start-up losses including depreciation, amortization and interest expenses related to assets that are included in the ratebase. Capitalized start-up losses, may include cumulative net losses, plus any unrecovered interest expenses connected to funding the regulated ratebase, amortized over the unexpired life of the franchise, commencing with the end of the loss accumulation phase. However, losses attributable to accelerated depreciation methodologies are not permitted. ( iii ) An allowance for start-up losses, if any, that is equal to the lesser of the first two years of operating costs or accumulated losses incurred until the system reached the end of its prematurity stage as defined in Financial Accounting Standards Board Standard 51 (“FASB 51”) less straight-line amortization over a reasonable period not exceeding 15 years that commences at the end of the prematurity phase of operation. ( iv ) Intangible assets less amortization that reflect the original costs prudently incurred by a cable operator in organizing and incorporating a company that provides regulated cable services, obtaining a government franchise to provide regulated cable services, or obtaining patents that are used and useful in the provision of cable services. ( v ) The cost of customer lists if such costs were capitalized during the prematurity phase of operations less amortization. ( vi ) An amount for working capital to the extent that an allowance or disallowance for funds needed to sustain the ongoing operations of the regulated cable service is demonstrated. ( vii ) Other intangible assets to the extent the cable operator demonstrates that the asset reflects costs incurred in an activity or transaction that produced concrete benefits or savings for subscribers to regulated cable services that would not have been realized otherwise and the cable operator demonstrates that a return on such an asset does not exceed the value of such a subscriber benefit. ( viii ) The portion of the capacity of plant not currently in service that will be placed in service within twelve months of the end of the test year. ( 7 ) Deferred income taxes accrued after the date upon which the operator became subject to regulation shall be deducted from items included in the ratebase. ( 8 ) Allowable expenses may include the following: ( i ) All regular expenses normally incurred by a cable operator in the provision of regulated cable service, but not including any lobbying expense, charitable contributions, penalties and fines paid on account of violations of statutes or rules, or membership fees in social, service, recreational or athletic clubs or organizations. ( ii ) Reasonable depreciation expense attributable to tangible assets allowable in the ratebase. ( iii ) Reasonable amortization expense for prematurely abandoned tangible assets formerly includable in the ratebase that are amortized over the remainder of the original expected life of the asset. ( iv ) Reasonable amortization expense for start-up losses and capitalized intangible assets that are includable in ratebase. ( v ) Taxes other than income taxes attributable to the provision of regulated cable services. ( vi ) An income tax allowance. ( j ) Network upgrade rate increase. ( 1 ) Cable operators that undertake significant network upgrades requiring added capital investment may justify an increase in rates for regulated services by demonstrating that the capital investment will benefit subscribers, including providing television broadcast programming in a digital format. ( 2 ) A rate increase on account of upgrades shall not be assessed on customers until the upgrade is complete and providing benefits to customers of regulated services. ( 3 ) Cable operators seeking an upgrade rate increase have the burden of demonstrating the amount of the net increase in costs, taking into account current depreciation expense, likely changes in maintenance and other costs, changes in regulated revenues and expected economies of scale. ( 4 ) Cable operators seeking a rate increase for network upgrades shall allocate net cost increases in conformance with the cost allocation rules as set forth in § 76.924 . ( 5 ) Cable operators that undertake significant upgrades shall be permitted to increase rates by adding the benchmark/price cap rate to the rate increment necessary to recover the net increase in cost attributable to the upgrade. ( k ) Hardship rate relief. A cable operator may adjust charges by an amount specified by the Commission for the cable programming service tier or the franchising authority for the basic service tier if it is determined that: ( 1 ) Total revenues from cable operations, measured at the highest level of the cable operator's cable service organization, will not be sufficient to enable the operator to attract capital or maintain credit necessary to enable the operator to continue to provide cable service; ( 2 ) The cable operator has prudent and efficient management; and ( 3 ) Adjusted charges on account of hardship will not result in total charges for regulated cable services that are excessive in comparison to charges of similarly situated systems. ( l ) Cost of service showing. A cable operator that elects to establish a charge, or to justify an existing or changed charge for regulated cable service, based on a cost-of-service showing must submit data to the Commission or the franchising authority in accordance with forms established by the Commission. The cable operator must also submit any additional information requested by franchising authorities or the Commission to resolve questions in cost-of-service proceedings. ( m ) Subsequent cost of service charges. No cable operator may use a cost-of-service showing to justify an increase in any charge established on a cost-of-service basis for a period of 2 years after that rate takes effect, except that the Commission or the franchising authority may waive this prohibition upon a showing of unusual circumstances that would create undue hardship for a cable operator. [ 58 FR 29753 , May 21, 1993] Editorial Note Editorial Note: For Federal Register citations affecting § 76.922 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 76.923 Rates for equipment and installation used to receive the basic service tier. ( a ) Scope. ( 1 ) The equipment regulated under this section consists of all equipment in a subscriber's home, provided and maintained by the operator, that is used to receive the basic service tier, regardless of whether such equipment is additionally used to receive other tiers of regulated programming service and/or unregulated service. Such equipment shall include, but is not limited to: ( i ) Converter boxes; ( ii ) Remote control units; and ( iii ) Inside wiring. ( 2 ) Subscriber charges for such equipment shall not exceed charges based on actual costs in accordance with the requirements set forth in this section. Subscriber charges for such equipment shall not exceed charges based on actual costs in accordance with the requirements set forth below. ( b ) Unbundling. A cable operator shall establish rates for remote control units, converter boxes, other customer equipment, installation, and additional connections separate from rates for basic tier service. In addition, the rates for such equipment and installations shall be unbundled one from the other. ( c ) Equipment basket. A cable operator shall establish an Equipment Basket, which shall include all costs associated with providing customer equipment and installation under this section. Equipment Basket costs shall be limited to the direct and indirect material and labor costs of providing, leasing, installing, repairing, and servicing customer equipment, as determined in accordance with the cost accounting and cost allocation requirements of § 76.924 , except that operators do not have to aggregate costs in a manner consistent with the accounting practices of the operator on April 3, 1993. The Equipment Basket shall not include general administrative overhead including marketing expenses. The Equipment Basket shall include a reasonable profit. ( 1 ) Customer equipment. Costs of customer equipment included in the Equipment Basket may be aggregated, on a franchise, system, regional, or company level, into broad categories. Except to the extent indicated in paragraph (c)(2) of this section, such categorization may be made, provided that each category includes only equipment of the same type, regardless of the levels of functionality of the equipment within each such broad category. When submitting its equipment costs based on average charges, the cable operator must provide a general description of the averaging methodology employed and a justification that its averaging methodology produces reasonable equipment rates. Equipment rates should be set at the same organizational level at which an operator aggregates its costs. ( 2 ) Basic service tier only equipment. Costs of customer equipment used by basic-only subscribers may not be aggregated with the costs of equipment used by non-basic-only subscribers. Costs of customer equipment used by basic-only subscribers may, however, be aggregated, consistent with an operator's aggregation under paragraph (c)(1) of this section, on a franchise, system, regional, or company level. The prohibition against aggregation applies to subscribers, not to a particular type of equipment. Alternatively, operators may base its basic-only subscriber cost aggregation on the assumption that all basic-only subscribers use equipment that is the lowest level and least expensive model of equipment offered by the operator, even if some basic-only subscribers actually have higher level, more expensive equipment. ( 3 ) Installation costs. Installation costs, consistent with an operator's aggregation under paragraph (c)(1) of this section, may be aggregated, on a franchise, system, regional, or company level. When submitting its installation costs based on average charges, the cable operator must provide a general description of the averaging methodology employed and a justification that its averaging methodology produces reasonable equipment rates. Installation rates should be set at the same organizational level at which an operator aggregates its costs. ( d ) Hourly service charge. A cable operator shall establish charges for equipment and installation using the Hourly Service Charge (HSC) methodology. The HSC shall equal the operator's annual Equipment Basket costs, excluding the purchase cost of customer equipment, divided by the total person hours involved in installing, repairing, and servicing customer equipment during the same period. The HSC is calculated according to the following formula: Where, EB = annual Equipment Basket Cost; CE = annual purchase cost of all customer equipment; and H = person hours involved in installing and repairing equipment per year. The purchase cost of customer equipment shall include the cable operator's invoice price plus all other costs incurred with respect to the equipment until the time it is provided to the customer. ( e ) Installation charges. Installation charges shall be either: ( 1 ) The HSC multiplied by the actual time spent on each individual installation; or ( 2 ) The HSC multiplied by the average time spent on a specific type of installation. ( f ) Remote charges. Monthly charges for rental of a remote control unit shall consist of the average annual unit purchase cost of remotes leased, including acquisition price and incidental costs such as sales tax, financing and storage up to the time it is provided to the customer, added to the product of the HSC times the average number of hours annually repairing or servicing a remote, divided by 12 to determine the monthly lease rate for a remote according to the following formula: Where, HR = average hours repair per year; and UCE = average annual unit cost of remote. ( g ) Other equipment charges. The monthly charge for rental of converter boxes and other customer equipment shall be calculated in the same manner as for remote control units. Separate charges may be established for each category of other customer equipment. ( h ) Additional connection charges. The costs of installation and monthly use of additional connections shall be recovered as charges associated with the installation and equipment cost categories, and at rate levels determined by the actual cost methodology presented in the foregoing paragraphs (e) , (f) , and (g) of this section. An operator may recover additional programming costs and the costs of signal boosters on the customers premises, if any, associated with the additional connection as a separate monthly unbundled charge for additional connections. ( i ) Charges for equipment sold. A cable operator may sell customer premises equipment to a subscriber. The equipment price shall recover the operator's cost of the equipment, including costs associated with storing and preparing the equipment for sale up to the time it is sold to the customer, plus a reasonable profit. An operator may sell service contracts for the maintenance and repair of equipment sold to subscribers. The charge for a service contract shall be the HSC times the estimated average number of hours for maintenance and repair over the life of the equipment. ( j ) Promotions. A cable operator may offer equipment or installation at charges below those determined under paragraphs (e) through (g) of this section, as long as those offerings are reasonable in scope in relation to the operator's overall offerings in the Equipment Basket and not unreasonably discriminatory. Operators may not recover the cost of a promotional offering by increasing charges for other Equipment Basket elements, or by increasing programming service rates above the maximum monthly charge per subscriber prescribed by these rules. As part of a general cost-of-service showing, an operator may include the cost of promotions in its general system overhead costs. Equipment sales by an operator will be unregulated where the operator offers subscribers the same equipment under regulated leased rates. ( k ) Franchise fees. Equipment charges may include a properly allocated portion of franchise fees. ( l ) Company-wide averaging of equipment costs. For the purpose of developing unbundled equipment charges as required by paragraph (b) of this section, a cable operator may average the equipment costs of its small systems at any level, or several levels, within its operations. This company-wide averaging applies only to an operator's small systems as defined in § 76.901(c) ; is permitted only for equipment charges, not installation charges; and may be established only for similar types of equipment. When submitting its equipment costs based on average charges to the local franchising authority or the Commission, an operator that elects company-wide averaging of equipment costs must provide a general description of the averaging methodology employed and a justification that its averaging methodology produces reasonable equipment rates. The local authority or the Commission may require the operator to set equipment rates based on the operator's level of averaging in effect on April 3, 1993, as required by § 76.924(d) . ( m ) Cable operators shall set charges for equipment and installations to recover Equipment Basket costs. Such charges shall be set, consistent with the level at which Equipment Basket costs are aggregated as provided in § 76.923(c) . Cable operators shall maintain adequate documentation to demonstrate that charges for the sale and lease of equipment and for installations have been developed in accordance with the rules set forth in this section. ( n ) Timing of filings. An operator shall file FCC Form 1205 in order to establish its maximum permitted rates at the following times: ( 1 ) When the operator sets its initial rates under either the benchmark system or through a cost-of-service showing; ( 2 ) Within 60 days of the end of its fiscal year, for an operator that adjusts its rates under the system described in Section 76.922(d) that allows it to file up to quarterly; ( 3 ) On the same date it files its FCC Form 1240, for an operator that adjusts its rates under the annual rate adjustment system described in Section 76.922(e) . If an operator elects not to file an FCC Form 1240 for a particular year, the operator must file a Form 1205 on the anniversary date of its last Form 1205 filing; and ( 4 ) When seeking to adjust its rates to reflect the offering of new types of customer equipment other than in conjunction with an annual filing of Form 1205, 60 days before it seeks to adjust its rates to reflect the offering of new types of customer equipment. ( o ) Introduction of new equipment. In setting the permitted charge for a new type of equipment at a time other than at its annual filing, an operator shall only complete Schedule C and the relevant step of the Worksheet for Calculating Permitted Equipment and Installation Charges of a Form 1205. The operator shall rely on entries from its most recently filed FCC Form 1205 for information not specifically related to the new equipment, including but not limited to the Hourly Service Charge. In calculating the annual maintenance and service hours for the new equipment, the operator should base its entry on the average annual expected time required to maintain the unit, i.e. , expected service hours required over the life of the equipment unit being introduced divided by the equipment unit's expected life. [ 58 FR 29753 , May 21, 1993, as amended at 59 FR 17960 , 17973 , Apr. 15, 1994; 60 FR 52118 , Oct. 5, 1995; 61 FR 32709 , June 25, 1996; 83 FR 60776 , Nov. 27, 2018] § 76.924 Allocation to service cost categories. ( a ) Applicability. The requirements of this section are applicable to cable operators for which the basic service tier is regulated by local franchising authorities or the Commission, or, with respect to a cable programming services tier, for which a complaint has been filed with the Commission. The requirements of this section are applicable for purposes of rate adjustments on account of external costs and for cost-of-service showings. ( b ) Accounting requirements. Cable operators electing cost-of-service regulation or seeking rate adjustments due to changes in external costs shall maintain their accounts: ( 1 ) in accordance with generally accepted accounting principles; and ( 2 ) in a manner that will enable identification of appropriate investments, revenues, and expenses. ( c ) Accounts level. Except to the extent indicated below, cable operators electing cost of service regulation or seeking adjustments due to changes in external costs shall identify investments, expenses and revenues at the franchise, system, regional, and/or company level(s) in a manner consistent with the accounting practices of the operator on April 3, 1993. However, in all events, cable operators shall identify at the franchise level their costs of franchise requirements, franchise fees, local taxes and local programming. ( d ) Summary accounts. ( 1 ) Cable operators filing for cost-of-service regulation, other than small systems owned by small cable companies, shall report all investments, expenses, and revenue and income adjustments accounted for at the franchise, system, regional and/or company level(s) to the summary accounts listed below. Ratebase Net Working Capital Headend Trunk and Distribution Facilities Drops Customer Premises Equipment Construction/Maintenance Facilities and Equipment Programming Production Facilities and Equipment Business Offices Facilities and Equipment Other Tangible Assets Accumulated Depreciation Plant Under Construction Organization and Franchise Costs Subscriber Lists Capitalized Start-up Losses Goodwill Other Intangibles Accumulated Amortization Deferred Taxes Operating Expenses Cable Plant Employee Payroll Cable Plant Power Expense Pole Rental, Duct, Other Rental for Cable Plant Cable Plant Depreciation Expense Cable Plant Expenses—Other Plant Support Employee Payroll Expense Plant Support Depreciation Expense Plant Support Expense—Other Programming Activities Employee Payroll Programming Acquisition Expense Programming Activities Depreciation Expense Programming Expense—Other Customer Services Expense Advertising Activities Expense Management Fees General and Administrative Expenses Selling General and Administrative Depreciation Expenses Selling General and Administrative Expenses—Other Amortization Expense—Franchise and Organizational Costs Amortization Expense—Customer Lists Amortization Expense—Capitalized Start-up Loss Amortization Expense—Goodwill Amortization Expense—Other Intangibles Operating Taxes Other Expenses (Excluding Franchise Fees) Franchise Fees Interest on Funded Debt Interest on Capital Leases Other Interest Expenses Revenue and Income Adjustments Advertising Revenues Other Cable Revenue Offsets Gains and Losses on Sale of Assets Extraordinary Items Other Adjustments ( 2 ) Except as provided in § 76.934(h) , small systems owned by small cable companies that file for cost-of-service regulation shall report all investments, expenses, and revenue and income adjustments accounted for at the franchise, system, regional and/or company level(s) to the following summary accounts: Ratebase Net Working Capital Headend, Trunk and Distribution System and Support Facilities and Equipment Drops Customer Premises Equipment Production and Office Facilities, Furniture and Equipment Other Tangible Assets Accumulated Depreciation Plant Under Construction Goodwill Other Intangibles Accumulated Amortization Deferred Taxes Operating Expenses Cable Plant Maintenance, Support and Operations Expense Programming Production and Acquisition Expense Customer Services Expense Advertising Activities Expense Management Fees Selling, General and Administrative Expenses Depreciation Expense Amortization Expense—Goodwill Amortization Expense—Other Intangibles Other Operating Expense (Excluding Franchise Fees) Franchise Fees Interest Expense Revenue and Income Adjustments Advertising Revenues Other Cable Revenue Offsets Gains and Losses on Sale of Assets Extraordinary Items Other Adjustments ( e ) Allocation to service cost categories. ( 1 ) For cable operators electing cost-of-service regulation, investments, expenses, and revenues contained in the summary accounts identified in paragraph (d) of this section shall be allocated among the Equipment Basket, as specified in § 76.923 , and the following service cost categories: ( i ) Basic service cost category. The basic service category, shall include the cost of providing basic service as defined by § 76.901(a) . The basic service cost category may only include allowable costs as defined by §§ 76.922(g) through 76.922(k) . ( ii ) Cable programming services cost category. The cable programming services category shall include the cost of providing cable programming services as defined by § 76.901(b) . This service cost category shall contain subcategories that represent each programming tier that is offered as a part of the operator's cable programming services. All costs that are allocated to the cable programming service cost cateogry shall be further allocated among the programming tiers in this category. The cable programming service cost category may include only allowable costs as defined in § 76.922(g) through 76.922(k) . ( iii ) All other services cost category. The all other services cost category shall include the costs of providing all other services that are not included the basic service or a cable programming services cost categories as defined in paragraphs (e)(1)(i) and (ii) of this section. ( 2 ) Cable operators seeking an adjustment due to changes in external costs identified in FCC Form 1210 shall allocate such costs among the equipment basket, as specified in § 76.923 , and the following service cost categories: ( i ) The basic service category as defined by paragraph (e)(1)(i) of this section; ( ii ) The cable programming services category as defined by paragraph (e)(1)(ii) of this section; ( iii ) The all other services cost category as defined by paragraph (e)(1)(iii) of this section. ( f ) Cost allocation requirements. ( 1 ) Allocations of investments, expenses and revenues among the service cost categories and the equipment basket shall be made at the organizational level in which such costs and revenues have been identified for accounting purposes pursuant to § 76.924(c) . ( 2 ) Costs of programming and retransmission consent fees shall be directly assigned or allocated only to the service cost category in which the programming or broadcast signal at issue is offered. ( 3 ) Costs of franchise fees shall be allocated among the equipment basket and the service cost categories in a manner that is most consistent with the methodology of assessment of franchise fees by local authorities. ( 4 ) Costs of public, educational, and governmental access channels carried on the basic tier shall be directly assigned to the basic tier where possible. ( 5 ) Commission cable television system regulatory fees imposed pursuant to 47 U.S.C. 159 shall be directly assigned to the basic service tier. ( 6 ) All other costs that are incurred exclusively to support the equipment basket or a specific service cost category shall be directly assigned to that service cost category or the equipment basket where possible. ( 7 ) Costs that are not directly assigned shall be allocated to the service cost categories in accordance with the following allocation procedures: ( i ) Wherever possible, common costs for which no allocator has been specified by the Commission are to be allocated among the service cost categories and the equipment basket based on direct analysis of the origin of the costs. ( ii ) Where allocation based on direct analysis is not possible, common costs for which no allocator has been specified by the Commission shall, if possible, be allocated among the service costs categories and the equipment basket based on indirect, cost-causative linkage to other costs directly assigned or allocated to the service cost categories and the equipment basket. ( iii ) Where neither direct nor indirect measures of cost allocation can be found, common costs shall be allocated to each service cost category based on the ratio of all other costs directly assigned and attributed to a service cost category over total costs directly or indirectly assigned and directly or indirectly attributable. ( g ) Cost identification at the franchise level. After costs have been directly assigned to and allocated among the service cost categories and the equipment basket, cable operators that have aggregated costs at a higher level than the franchise level must identify all applicable costs at the franchise level in the following manner: ( 1 ) Recoverable costs that have been identified at the highest organizational level at which costs have been identified shall be allocated to the next (lower) organizational level at which recoverable costs have been identified on the basis of the ratio of the total number of subscribers served at the lower level to the total number of subscribers served at the higher level. ( 2 ) Cable operators shall repeat the procedure specified in paragraph (g)(1) of this section at every organizational level at which recoverable costs have been identified until such costs have been allocated to the franchise level. ( h ) Part-time channels. In situations where a single channel is divided on a part-time basis and is used to deliver service associated with different tiers or with pay per channel or pay per view service, a reasonable and documented allocation of that channel between services shall be required along with the associated revenues and costs. ( i ) Transactions and affiliates. Adjustments on account of external costs and rates set on a cost-of-service basis shall exclude any amounts not calculated in accordance with the following: ( 1 ) Charges for assets purchased by or transferred to the regulated activity of a cable operator from affiliates shall equal the invoice price if that price is determined by a prevailing company price. The invoice price is the prevailing company price if the affiliate has sold a substantial number of like assets to nonaffiliates. If a prevailing company price for the assets received by the regulated activity is not available, the changes for such assets shall be the lower of their cost to the originating activity of the affiliated group less all applicable valuation reserves, or their fair market value. ( 2 ) The proceeds from assets sold or transferred from the regulated activity of the cable operator to affiliates shall equal the prevailing company price if the cable operator has sold a substantial number of like assets to nonaffiliates. If a prevailing company price is not available, the proceeds from such sales shall be determined at the higher of cost less all applicable valuation reserves, or estimated fair market value of the asset. ( 3 ) Charges for services provided to the regulated activity of a cable operator by an affiliate shall equal the invoice price if that price is determined by a prevailing company price. The invoice price is the prevailing company price if the affiliate has sold like services to a substantial number of nonaffiliates. If a prevailing company price for the services received by the regulated activity is not available, the charges of such services shall be at cost. ( 4 ) The proceeds from services sold or transferred from the regulated activity of the cable operator to affiliates shall equal the prevailing company price if the cable operator has sold like services to a substantial number of nonaffiliates. If a prevailing company price is not available, the proceeds from such sales shall be determined at cost. ( 5 ) For purposes of § 76.924(i)(1) through 76.924(i)(4) , costs shall be determined in accordance with the standards and procedures specified in § 76.922 and paragraphs (b) and (d) of this section. ( 6 ) For purposes of this section, entities are affiliated if either entity has an attributable interest in the other or if a third party has an attributable interest in both entities. ( 7 ) Attributable interest shall be defined by reference to the criteria set forth in Notes 1 through 5 to § 76.501 provided, however, that: ( i ) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply; and ( ii ) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or nonvoting stock or limited partnership equity interests of five (5) percent or more. ( j ) Unrelated expenses and revenues. Cable operators shall exclude from cost categories used to develop rates for the provision of regulated cable service, equipment, and leased commercial access, any direct or indirect expenses and revenues not related to the provision of such services. Common costs of providing regulated cable service, equipment, and leased commercial access and unrelated activities shall be allocated between them in accordance with paragraph (f) of this section. [ 58 FR 29753 , May 21, 1993, as amended at 59 FR 17990 , Apr. 15, 1994; 59 FR 53115 , Oct. 21, 1994; 60 FR 35865 , July 12, 1995; 61 FR 9367 , Mar. 8, 1996; 64 FR 67197 , Dec. 1, 1999] § 76.925 Costs of franchise requirements. ( a ) Franchise requirement costs may include cost increases required by the franchising authority in the following categories: ( 1 ) Costs of providing PEG access channels; ( 2 ) Costs of PEG access programming; ( 3 ) Costs of technical and customer service standards to the extent that they exceed federal standards; ( 4 ) Costs of institutional networks and the provision of video services, voice transmissions and data transmissions to or from governmental institutions and educational institutions, including private schools, to the extent such services are required by the franchise agreement; and ( 5 ) When the operator is not already in the process of upgrading the system, costs of removing cable from utility poles and placing the same cable underground. ( b ) The costs of satisfying franchise requirements to support public, educational, and governmental channels shall consist of the sum of: ( 1 ) All per channel costs for the number of channels used to meet franchise requirements for public, educational, and governmental channels; ( 2 ) Any direct costs of meeting such franchise requirements; and ( 3 ) A reasonable allocation of general and administrative overhead. ( c ) The costs of satisfying any requirements under the franchise other than PEG access costs shall consist of the direct and indirect costs including a reasonable allocation of general and administrative overhead. [ 58 FR 29753 , May 21, 1993, as amended at 60 FR 52119 , Oct. 5, 1995] § 76.930 Initiation of review of basic cable service and equipment rates. A cable operator shall file its schedule of rates for the basic service tier and associated equipment with a franchising authority within 30 days of receiving written notification from the franchising authority that the franchising authority has been certified by the Commission to regulate rates for the basic service tier. Basic service and equipment rate schedule filings for existing rates or proposed rate increases (including increases in the baseline channel change that results from reductions in the number of channels in a tier) must use the appropriate official FCC form, a copy thereof, or a copy generated by FCC software. Failure to file on the official FCC form, a copy thereof, or a copy generated by FCC software, may result in the imposition of sanctions specified in § 76.937(d) . A cable operator shall include rate cards and channel line-ups with its filing and include an explanation of any discrepancy in the figures provided in these documents and its rate filing. [ 59 FR 17973 , Apr. 15, 1994] § 76.933 Franchising authority review of basic cable rates and equipment costs. ( a ) After a cable operator has submitted for review its existing rates for the basic service tier and associated equipment costs, or a proposed increase in these rates (including increases in the baseline channel change that results from reductions in the number of channels in a tier) under the quarterly rate adjustment system pursuant to Section 76.922(d) , the existing rates will remain in effect or the proposed rates will become effective after 30 days from the date of submission; Provided, however, that the franchising authority may toll this 30-day deadline for an additional time by issuing a brief written order as described in paragraph (b) within 30 days of the rate submission explaining that it needs additional time to review the rates. ( b ) If the franchising authority is unable to determine, based upon the material submitted by the cable operator, that the existing, or proposed rates under the quarterly adjustment system pursuant to Section 76.922(d) , are within the Commission's permitted basic service tier charge or actual cost of equipment as defined in §§ 76.922 and 76.923 , or if a cable operator has submitted a cost-of-service showing pursuant §§ 76.937(c) and 76.924 , seeking to justify a rate above the Commission's basic service tier charge as defined in §§ 76.922 and 76.923 , the franchising authority may toll the 30-day deadline in paragraph (a) of this section to request and/or consider additional information or to consider the comments from interested parties as follows: ( 1 ) For an additional 90 days in cases not involving cost-of-service showings; or ( 2 ) For an additional 150 days in cases involving cost-of-service showings. ( c ) If a franchising authority has availed itself of the additional 90 or 150 days permitted in paragraph (b) of this section, and has taken no action within these additional time periods, then the proposed rates will go into effect at the end of the 90 or 150 day periods, or existing rates will remain in effect at such times, subject to refunds if the franchising authority subsequently issues a written decision disapproving any portion of such rates: Provided, however, That in order to order refunds, a franchising authority must have issued a brief written order to the cable operator by the end of the 90 or 150-day period permitted in paragraph (b) of this section directing the operator to keep an accurate account of all amounts received by reason of the rate in issue and on whose behalf such amounts were paid. ( d ) A franchising authority may request, pursuant to a petition for special relief under § 76.7 , that the Commission examine a cable operator's cost-of-service showing, submitted to the franchising authority as justification of basic tier rates, within 30 days of receipt of a cost-of-service showing. In its petition, the franchising authority shall document its reasons for seeking Commission assistance. The franchising authority shall issue an order stating that it is seeking Commission assistance and serve a copy before the 30-day deadline on the cable operator submitting the cost showing. The cable operator shall deliver a copy of the cost showing, together with all relevant attachments, to the Commission within 15 days of receipt of the local authority's notice to seek Commission assistance. The Commission shall notify the local franchising authority and the cable operator of its ruling and of the basic tier rate, as established by the Commission. The rate shall take effect upon implementation by the franchising authority of such ruling and refund liability shall be governed thereon. The Commission's ruling shall be binding on the franchising authority and the cable operator. A cable operator or franchising authority may seek reconsideration of the ruling pursuant to § 1.106(a)(1) of this chapter or review by the Commission pursuant to § 1.115(a) of this chapter . ( e ) Notwithstanding paragraphs (a) through (d) of this section, when the franchising authority is regulating basic service tier rates, a cable operator that sets its rates pursuant to the quarterly rate adjustment system pursuant to § 76.922(d) may increase its rates for basic service to reflect the imposition of, or increase in, franchise fees or Commission cable television system regulatory fees imposed pursuant to 47 U.S.C. 159 . For the purposes of paragraphs (a) through (c) of this section, the increased rate attributable to Commission regulatory fees or franchise fees shall be treated as an “existing rate”, subject to subsequent review and refund if the franchising authority determines that the increase in basic tier rates exceeds the increase in regulatory fees or in franchise fees allocable to the basic tier. This determination shall be appealable to the Commission pursuant to § 76.944 . When the Commission is regulating basic service tier rates pursuant to § 76.945 or cable programming service rates pursuant to § 76.960 , an increase in those rates resulting from franchise fees or Commission regulatory fees shall be reviewed by the Commission pursuant to the mechanisms set forth in § 76.945 . A cable operator must adjust its rates to reflect decreases in franchise fees or Commission regulatory fees within the periods set forth in § 76.922(d)(3)(i) , (iii) . ( f ) For an operator that sets its rates pursuant to the quarterly rate adjustment system pursuant to Section 76.922(d) , cable television system regulatory fees assessed by the Commission pursuant to 47 U.S.C. § 159 shall be recovered in monthly installments during the fiscal year following the year for which the payment was imposed. Payments shall be collected in equal monthly installments, except that for so many months as may be necessary to avoid fractional payments, an additional $0.01 payment per month may be collected. All such additional payments shall be collected in the last month or months of the fiscal year, so that once collections of such payments begin there shall be no month remaining in the year in which the operator is not entitled to such an additional payment. Operators may not assess interest. Operators may provide notice of the entire fiscal year's regulatory fee pass-through in a single notice. ( g ) A cable operator that submits for review a proposed change in its existing rates for the basic service tier and associated equipment costs using the annual filing system pursuant to Section 76.922(e) shall do so no later than 90 days from the effective date of the proposed rates. The franchising authority will have 90 days from the date of the filing to review it. However, if the franchising authority or its designee concludes that the operator has submitted a facially incomplete filing, the franchising authority's deadline for issuing a decision, the date on which rates may go into effect if no decision is issued, and the period for which refunds are payable will be tolled while the franchising authority is waiting for this information, provided that, in order to toll these effective dates, the franchising authority or its designee must notify the operator of the incomplete filing within 45 days of the date the filing is made. ( 1 ) If there is a material change in an operator's circumstances during the 90-day review period and the change affects the operator's rate change filing, the operator may file an amendment to its Form 1240 prior to the end of the 90-day review period. If the operator files such an amendment, the franchising authority will have at least 30 days to review the filing. Therefore, if the amendment is filed more than 60 days after the operator made its initial filing, the operator's proposed rate change may not go into effect any earlier than 30 days after the filing of its amendment. However, if the operator files its amended application on or prior to the sixtieth day of the 90-day review period, the operator may implement its proposed rate adjustment, as modified by the amendment, 90 days after its initial filing. ( 2 ) If a franchising authority has taken no action within the 90-day review period, then the proposed rates may go into effect at the end of the review period, subject to a prospective rate reduction and refund if the franchising authority subsequently issues a written decision disapproving any portion of such rates, provided, however, that in order to order a prospective rate reduction and refund, if an operator inquires as to whether the franchising authority intends to issue a rate order after the initial review period, the franchising authority or its designee must notify the operator of its intent in this regard within 15 days of the operator's inquiry. If a proposed rate goes into effect before the franchising authority issues its rate order, the franchising authority will have 12 months from the date the operator filed for the rate adjustment to issue its rate order. In the event that the franchising authority does not act within this 12-month period, it may not at a later date order a refund or a prospective rate reduction with respect to the rate filing. ( 3 ) At the time an operator files its rates with the franchising authority, the operator may give customers notice of the proposed rate changes. Such notice should state that the proposed rate change is subject to approval by the franchising authority. If the operator is only permitted a smaller increase than was provided for in the notice, the operator must provide an explanation to subscribers on the bill in which the rate adjustment is implemented. If the operator is not permitted to implement any of the rate increase that was provided for in the notice, the operator must provide an explanation to subscribers within 60 days of the date of the franchising authority's decision. Additional advance notice is only required in the unlikely event that the rate exceeds the previously noticed rate. ( 4 ) If an operator files for a rate adjustment under Section 76.922(e)(2)(iii)(B) for the addition of required channels to the basic service tier that the operator is required by federal or local law to carry, or, if a single-tier operator files for a rate adjustment based on a mid-year channel addition allowed under Section 76.922(e)(2)(iii)(C) , the franchising authority has 60 days to review the requested rate. The proposed rate shall take effect at the end of this 60-day period unless the franchising authority rejects the proposed rate as unreasonable. In order to order refunds and prospective rate reductions, the franchising authority shall be subject to the requirements described in paragraph (g)(1) of this section. ( 5 ) Notwithstanding paragraphs (a) through (f) of this section, when the franchising authority is regulating basic service tier rates, a cable operator may increase its rates for basic service to reflect the imposition of, or increase in, franchise fees. The increased rate attributable to Commission regulatory fees or franchise fees shall be subject to subsequent review and refund if the franchising authority determines that the increase in basic tier rates exceeds the increase in regulatory fees or in franchise fees allocable to the basic tier. This determination shall be appealable to the Commission pursuant to § 76.944 . When the Commission is regulating basic service tier rates pursuant to § 76.945 or cable programming service rates pursuant to § 76.960 , an increase in those rates resulting from franchise fees or Commission regulatory fees shall be reviewed by the Commission pursuant to the mechanisms set forth in § 76.945 . ( h ) If an operator files an FCC Form 1205 for the purpose of setting the rate for a new type of equipment under Section 76.923(o) , the franchising authority has 60 days to review the requested rate. The proposed rate shall take effect at the end of this 60-day period unless the franchising authority rejects the proposed rate as unreasonable. ( 1 ) If the operator's most recent rate filing was based on the system that enables them to file up to once per quarter found at Section 76.922(d) , the franchising authority must issue an accounting order before the end of the 60-day period in order to order refunds and prospective rate reductions. ( 2 ) If the operator's most recent rate filing was based on the annual rate system at Section 76.922(e) , in order to order refunds and prospective rate reductions, the franchising authority shall be subject to the requirements described in paragraph (g)(1) of this section. [ 58 FR 29753 , May 21, 1993, as amended at 59 FR 17973 , Apr. 15, 1994; 59 FR 53115 , Oct. 21, 1994; 60 FR 52119 , Oct. 5, 1995; 61 FR 18978 , Apr. 30, 1996] § 76.934 Small systems and small cable companies. ( a ) For purposes of rules governing the reasonableness of rates charged by small systems, the size of a system or company shall be determined by reference to its size as of the date the system files with its franchising authority or the Commission the documentation necessary to qualify for the relief sought or, at the option of the company, by reference to system or company size as of the effective date of this paragraph. Where relief is dependent upon the size of both the system and the company, the operator must measure the size of both the system and the company as of the same date. A small system shall be considered affiliated with a cable company if the company holds a 20 percent or greater equity interest in the system or exercises de jure control over the system. ( b ) A franchising authority that has been certified, pursuant to § 76.910 , to regulate rates for basic service and associated equipment may permit a small system as defined in § 76.901 to certify that the small system's rates for basic service and associated equipment comply with § 76.922 , the Commission's substantive rate regulations. ( c ) Initial regulation of small systems: ( 1 ) If certified by the Commission, a local franchising authority may provide an initial notice of regulation to a small system, as defined by § 76.901(c) , on May 15, 1994. Any initial notice of regulation issued by a certified local franchising authority prior to May 15, 1994 shall be considered as having been issued on May 15, 1994. ( 2 ) The Commission will accept complaints concerning the rates for cable programming service tiers provided by small systems on or after May 15, 1994. Any complaints filed with the Commission about the rates for a cable programming service tier provided by a small system prior to May 15, 1994 shall be considered as having been filed on May 15, 1994. ( 3 ) A small system that receives an initial notice of regulation from its local franchising authority, or a complaint filed with the Commission for its cable programming service tier, must respond within the time periods prescribed in §§ 76.930 and 76.956 . ( d ) Statutory period for filing initial complaint: A complaint concerning a rate for cable programming service or associated equipment provided by a small system that was in effect on May 15, 1994 must be filed within 180 days from May 15, 1994. ( e ) Petitions for extension of time: Small systems may obtain an extension of time to establish compliance with rate regulations provided they can demonstrate that timely compliance would result in severe economic hardship. Requests for extension of time should be addressed to the local franchising authority concerning basic service and equipment rates and to the Commission concerning rates for a cable programming service tier and associated equipment. The filing of a request for an extension of time to comply with the rate regulations will not toll the effective date of rate regulation for small systems or alter refund liability for rates that exceed permitted levels after May 15, 1994. ( f ) Small Systems Owned by Small Cable Companies. Small systems owned by small cable companies shall have 90 days from their initial date of regulation on a tier to bring their rates for that tier into compliance with the requirements of Sections 76.922 and 76.923. Such systems shall have sixty days from the initial date of regulation to file FCC Forms 1200, 1205, 1210, 1211, 1215, 1220, 1225, 1230, and 1240 and any similar forms as appropriate. Rates established during the 90-day period shall not be subject to prior approval by franchising authorities or the Commission, but shall be subject to refund pursuant to sections 76.942 and 76.961. ( g ) Alternative rate regulation agreements: ( 1 ) Local franchising authorities, certified pursuant to § 76.910 , and small systems owned by small cable companies may enter into alternative rate regulation agreements affecting the basic service tier and the cable programming service tier. ( i ) Small systems must file with the Commission a copy of the operative alternative rate regulation agreement within 30 days after its effective date. ( ii ) [Reserved] ( 2 ) Alternative rate regulation agreements affecting the cable programming service tier shall take into account, among other factors, the following: ( i ) The rates for similarly situated cable systems offering comparable cable programming services, taking into account similarities in facilities, regulatory and governmental costs, the number of subscribers, and other relevant factors; ( ii ) The rates for cable systems, if any, that are subject to effective competition; ( iii ) The history of the rates for cable programming services of the system, including the relationship of such rates to changes in general consumer prices; ( iv ) The rates, as a whole, for all the cable programming, cable equipment, and cable services provided by the system, other than programming provided on a per channel or per program basis; ( v ) Capital and operating costs of the cable system, including the quality and costs of the customer service provided by the cable system; and ( vi ) The revenues received by a cable operator from advertising from programming that is carried as part of the service for which a rate is being established, and changes in such revenues, or from other considerations obtained in connection with the cable programming services concerned. The rate agreed to in such an alternative rate regulation agreement shall be deemed to be a reasonable rate. ( 3 ) Certified local franchising authorities shall provide a reasonable opportunity for consideration of the views of interested parties prior to finally entering into an alternative rate regulation agreement. ( 4 ) A basic service rate decision by a certified local franchising authority made pursuant to an alternative rate regulation agreement may be appealed by an interested party to the Commission pursuant to § 76.944 as if the decision were made according to §§ 76.922 and 76.923 . Note to paragraph ( g ) of § 76.934 : Small systems owned by small cable companies must comply with the alternative rate agreement filing requirements of § 76.1805 . ( h ) Small system cost-of-service showings: ( 1 ) At any time, a small system owned by a small cable company may establish new rates, or justify existing rates, for regulated program services in accordance with the small cable company cost-of-service methodology described below. ( 2 ) The maximum annual per subscriber rate permitted initially by the small cable company cost-of-service methodology shall be calculated by adding ( i ) The system's annual operating expenses to ( ii ) The product of its net rate base and its rate of return, and then dividing that sum by ( iii ) the product of ( A ) The total number of channels carried on the system's basic and cable programming service tiers and ( B ) The number of subscribers. The annual rate so calculated must then be divided by 12 to arrive at a monthly rate. ( 3 ) The system shall calculate its maximum permitted rate as described in paragraph (b) of this section by completing Form 1230. The system shall file Form 1230 as follows: ( i ) Where the franchising authority has been certified by the Commission to regulate the system's basic service tier rates, the system shall file Form 1230 with the franchising authority. ( ii ) Where the Commission is regulating the system's basic service tier rates, the system shall file Form 1230 with the Commission. ( iii ) Where a complaint about the system's cable programming service rates is filed with the Commission, the system shall file Form 1230 with the Commission. ( 4 ) In completing Form 1230: ( i ) The annual operating expenses reported by the system shall equal the system's operating expenses allocable to its basic and cable programming service tiers for the most recent 12 month period for which the system has the relevant data readily available, adjusted for known and measurable changes occurring between the end of the 12 month period and the effective date of the rate. Expenses shall include all regular expenses normally incurred by a cable operator in the provision of regulated cable service, but shall not include any lobbying expense, charitable contributions, penalties and fines paid one account of statutes or rules, or membership fees in social service, recreational or athletic clubs or associations. ( ii ) The net rate base of a system is the value of all of the system's assets, less depreciation. ( iii ) The rate of return claimed by the system shall reflect the operator's actual cost of debt, its cost of equity, or an assumed cost of equity, and its capital structure, or an assumed capital structure. ( iv ) The number of subscribers reported by the system shall be calculated according to the most recent reliable data maintained by the system. ( v ) The number of channels reported by the system shall be the number of channels it has on its basic and cable programming service tiers on the day it files Form 1230. ( vi ) In establishing its operating expenses, net rate base, and reasonable rate of return, a system may rely on previously existing information such as tax forms or company financial statements, rather than create or recreate financial calculations. To the extent existing information is incomplete or otherwise insufficient to make exact calculations, the system may establish its operating expenses, net rate base, and reasonable rate of return on the basis of reasonable, good faith estimates. ( 5 ) After the system files Form 1230, review by the franchising authority, or the Commission when appropriate, shall be governed by § 76.933 , subject to the following conditions. ( i ) If the maximum rate established on Form 1230 does not exceed $1.24 per channel, the rate shall be rebuttably presumed reasonable. To disallow such a rate, the franchising authority shall bear the burden of showing that the operator did not reasonably interpret and allocate its cost and expense data in deriving its annual operating expenses, its net rate base, and a reasonable rate of return. If the maximum rate established on Form 1230 exceeds $1.24 per channel, the franchising authority shall bear such burden only if the rate that the cable operator actually seeks to charge does not exceed $1.24 per channel. ( ii ) In the course of reviewing Form 1230, a franchising authority shall be permitted to obtain from the cable operator the information necessary for judging the validity of methods used for calculating its operating costs, rate base, and rate of return. If the maximum rate established in Form 1230 does not exceed $1.24 per channel, any request for information by the franchising authority shall be limited to existing relevant documents or other data compilations and should not require the operator to create documents, although the operator should replicate responsive documents that are missing or destroyed. ( iii ) A system may file with the Media Bureau an interlocutory appeal from any decision by the franchising authority requesting information from the system or tolling the effective date of a system's proposed rates. The appeal may be made by an informal letter to the Chief of the Media Bureau, served on the franchising authority. The franchising authority must respond within seven days of its receipt of the appeal and shall serve the operator with its response. The operator shall have four days from its receipt of the response in which to file a reply, if desired. If the maximum rate established on Form 1230 does not exceed $1.24 per channel, the burden shall be on the franchising authority to show the reasonableness of its order. If the maximum rate established on Form 1230 exceeds $1.24 per channel, the burden shall be on the operator to show the unreasonableness of the order. ( iv ) In reviewing Form 1230 and issuing a decision, the franchising authority shall determine the reasonableness of the maximum rate permitted by the form, not simply the rate which the operator intends to establish. ( v ) A final decision of the franchising authority with respect to the requested rate shall be subject to appeal pursuant to § 76.944 . The filing of an appeal shall stay the effectiveness of the final decision pending the disposition of the appeal by the Commission. An operator may bifurcate its appeal of a final rate decision by initially limiting the scope of the appeal to the reasonableness of any request for information made by the franchising authority. The operator may defer addressing the substantive rate-setting decision of the franchising authority until after the Commission has ruled on the reasonableness of the request for information. At its option, the operator may forego the bifurcated appeal and address both the request for documentation and the substantive rate-setting decision in a single appeal. When filing an appeal from a final rate-setting decision by the franchising authority, the operator may raise as an issue the scope of the request for information only if that request was not approved by the Commission on a previous interlocutory appeal by the operator. ( 6 ) Complaints concerning the rates charged for a cable programming services tier by a system that has elected the small cable company cost-of-service methodology may be filed pursuant to § 76.957 . Upon receipt of a complaint, the Commission shall review the system's rates in accordance with the standards set forth above with respect to basic tier rates. ( 7 ) Unless otherwise ordered by the franchising authority or the Commission, the system may establish its per channel rate at any level that does not exceed the maximum rate permitted by Form 1230, provided that the system has given the required written notice to subscribers. If the system establishes its per channel rate at a level that is less than the maximum amount permitted by the form, it may increase rates at any time thereafter to the maximum amount upon providing the required written notice to subscribers. ( 8 ) After determining the maximum rate permitted by Form 1230, the system may adjust that rate in accordance with this paragraph. Electing to adjust rates pursuant to one of the options set forth below shall not prohibit the system from electing a different option when adjusting rates thereafter. The system may adjust its maximum permitted rate without adjusting the actual rate it charges subscribers. ( i ) The system may adjust its maximum permitted rate in accordance with the price cap requirements set forth in § 76.922(d) . ( ii ) The system may adjust its maximum permitted rate in accordance with the requirements set forth in § 76.922(e) for changes in the number of channels on regulated tiers. For any system that files Form 1230, no rate adjustments made prior to the effective date of this rule shall be charged against the system's Operator's Cap and License Reserve Fee described in § 76.922(e)(3) . ( iii ) The system may adjust its maximum permitted rate by filing a new Form 1230 that permits a higher rate. ( iv ) The system may adjust its maximum permitted rate by complying with any of the options set forth in § 76.922(b)(1) for which it qualifies or under an alternative rate agreement as provided in paragraph (g) of this section. ( 9 ) In any rate proceeding before a franchising authority in which a final decision had not been issued as of June 5, 1995, a small system owned by a small cable company may elect the form of rate regulation set forth in this section to justify the rates that are the subject of the proceeding, if the system and affiliated company were a small system and small company respectively as of the June 5, 1995 and as of the period during which the disputed rates were in effect. However, the validity of a final rate decision made by a franchising authority before June 5, 1995 is not affected. ( 10 ) In any proceeding before the Commission involving a cable programming services tier complaint in which a final decision had not been issued as of June 5, 1995, a small system owned by a small cable company may elect the form of rate regulation set forth in this section to justify rates charged prior to the adoption of this rule and to establish new rates. For purposes of this paragraph, a decision shall not be deemed final until the operator has exhausted or is time-barred from pursuing any avenue of appeal, review, or reconsideration. ( 11 ) A system that is eligible to establish its rates in accordance with the small system cost-of-service approach shall remain eligible for so long as the system serves no more than 15,000 subscribers. When a system that has established rates in accordance with the small system cost-of-service approach exceeds 15,000 subscribers, the system may maintain its then existing rates. After exceeding the 15,000 subscriber limit, any further rate adjustments shall not reflect increases in external costs, inflation or channel additions until the system has re-established initial permitted rates in accordance with some other method of rate regulation prescribed in this subpart. Note: For rules governing small cable operators, see § 76.990 of this subpart . [ 60 FR 35865 , July 12, 1995, as amended at 60 FR 52120 , Oct. 5, 1995; 62 FR 53576 , Oct. 15, 1997; 64 FR 35950 , July 2, 1999; 65 FR 53617 , Sept. 5, 2000; 67 FR 13235 , Mar. 21, 2002] § 76.935 Participation of interested parties. In order to regulate basic tier rates or associated equipment costs, a franchising authority must have procedural laws or regulations applicable to rate regulation proceedings that provide a reasonable opportunity for consideration of the views of interested parties. Such rules must take into account the 30, 120, or 180-day time periods that franchising authorities have to review rates under § 76.933 . § 76.936 Written decision. ( a ) A franchising authority must issue a written decision in a ratemaking proceeding whenever it disapproves an initial rate for the basic service tier or associated equipment in whole or in part, disapproves a request for a rate increase in whole or in part, or approves a request for an increase in whole or in part over the objections of interested parties. A franchising authority is not required to issue a written decision that approves an unopposed existing or proposed rate for the basic service tier or associated equipment. ( b ) Public notice must be given of any written decision required in paragraph (a) of this section, including releasing the text of any written decision to the public. § 76.937 Burden of proof. ( a ) A cable operator has the burden of proving that its existing or proposed rates for basic service and associated equipment comply with 47 U.S.C. 543 , and §§ 76.922 and 76.923 . ( b ) For an existing or a proposed rate for basic tier service or associated equipment that is within the permitted tier charge and actual cost of equipment as set forth in §§ 76.922 and 76.923 , the cable operator must submit the appropriate FCC form. ( c ) For an existing or a proposed rate for basic tier service that exceeds the permitted tier charge as set forth in §§ 76.922 and 76.923 , the cable operator must submit a cost-of-service showing to justify the proposed rate. ( d ) A franchising authority or the Commission may find a cable operator that does not attempt to demonstrate the reasonableness of its rates in default and, using the best information available, enter an order finding the cable operator's rates unreasonable and mandating appropriate relief, as specified in §§ 76.940 , 76.941 , and 76.942 . ( e ) A franchising authority or the Commission may order a cable operator that has filed a facially incomplete form to file supplemental information, and the franchising authority's deadline to rule on the reasonableness of the proposed rates will be tolled pending the receipt of such information. A franchising authority may set reasonable deadlines for the filing of such information, and may find the cable operator in default and mandate appropriate relief, pursuant to paragraph (d) of this section, for the cable operator's failure to comply with the deadline or otherwise provide complete information in good faith. [ 58 FR 29753 , May 21, 1993, as amended at 59 FR 17973 , Apr. 15, 1994] § 76.938 Proprietary information. A franchising authority may require the production of proprietary information to make a rate determination in those cases where cable operators have submitted initial rates, or have proposed rate increases, pursuant to an FCC Form 393 (and/or FCC Forms 1200/1205) filing or a cost-of-service showing. The franchising authority shall state a justification for each item of information requested and, where related to an FCC Form 393 (and/or FCC Forms 1200/1205) filing, indicate the question or section of the form to which the request specifically relates. Upon request to the franchising authority, the parties to a rate proceeding shall have access to such information, subject to the franchising authority's procedures governing non-disclosure by the parties. Public access to such proprietary information shall be governed by applicable state or local law. [ 59 FR 17973 , Apr. 15, 1994] § 76.939 Truthful written statements and responses to requests of franchising authority. Cable operators shall comply with franchising authorities' and the Commission's requests for information, orders, and decisions. Any information submitted to a franchising authority or the Commission in making a rate determination pursuant to an FCC Form 393 (and/or FCC Forms 1200/1205) filing or a cost-of-service showing is subject to the provisions of § 1.17 of this chapter . [ 68 FR 15098 , Mar. 28, 2003] § 76.940 Prospective rate reduction. A franchising authority may order a cable operator to implement a reduction in basic service tier or associated equipment rates where necessary to bring rates into compliance with the standards set forth in §§ 76.922 and 76.923 § 76.941 Rate prescription. A franchising authority may prescribe a reasonable rate for the basic service tier or associated equipment after it determines that a proposed rate is unreasonable. § 76.942 Refunds. ( a ) A franchising authority (or the Commission, pursuant to § 76.945 ) may order a cable operator to refund to subscribers that portion of previously paid rates determined to be in excess of the permitted tier charge or above the actual cost of equipment, unless the operator has submitted a cost-of-service showing which justifies the rate charged as reasonable. An operator's liability for refunds shall be based on the difference between the old bundled rates and the sum of the new unbundled program service charge(s) and the new unbundled equipment charge(s). Where an operator was charging separately for program services and equipment but the rates were not in compliance with the Commission's rules, the operator's refund liability shall be based on the difference between the sum of the old charges and the sum of the new, unbundled program service and equipment charges. Before ordering a cable operator to refund previously paid rates to subscribers, a franchising authority (or the Commission) must give the operator notice and opportunity to comment. ( b ) An operator's liability for refunds in limited to a one-year period, except that an operator that fails to comply with a valid rate order issued by a franchising authority or the Commission shall be liable for refunds commencing from the effective date of such order until such time as it complies with such order. ( c ) The refund period shall run as follows: ( 1 ) From the date the operator implements a prospective rate reduction back in time to September 1, 1993, or one year, whichever is shorter. ( 2 ) From the date a franchising authority issues an accounting order pursuant to § 76.933(c) , to the date a prospective rate reduction is issued, then back in time from the date of the accounting order to the effective date of the rules; however, the total refund period shall not exceed one year from the date of the accounting order. ( 3 ) Refund liability shall be calculated on the reasonableness of the rates as determined by the rules in effect during the period under review by the franchising authority or the Commission. ( d ) The cable operator, in its discretion, may implement a refund in the following manner: ( 1 ) By returning overcharges to those subscribers who actually paid the overcharges, either through direct payment or as a specifically identified credit to those subscribers' bills; or ( 2 ) By means of a prospective percentage reduction in the rates for the basic service tier or associated equipment to cover the cumulative overcharge. This shall be reflected as a specifically identified, one-time credit on prospective bills to the class of subscribers that currently subscribe to the cable system. ( e ) Refunds shall include interest computed at applicable rates published by the Internal Revenue Service for tax refunds and additional tax payments. ( f ) Once an operator has implemented a rate refund to subscribers in accordance with a refund order by the franchising authority (or the Commission, pursuant to paragraph (a) of this section), the franchising authority must return to the cable operator an amount equal to that portion of the franchise fee that was paid on the total amount of the refund to subscribers. The franchising authority must promptly return the franchise fee overcharge either in an immediate lump sum payment, or the cable operator may deduct it from the cable system's future franchise fee payments. The franchising authority has the discretion to determine a reasonable repayment period, but interest shall accrue on any outstanding portion of the franchise fee starting on the date the operator has completed implementation of the refund order. In determining the amount of the refund, the franchise fee overcharge should be offset against franchise fees the operator holds on behalf of the franchising authority for lump sum payment. The interest rate on any refund owed to the operator presumptively shall be 11.25%. [ 58 FR 29753 , May 21, 1993, as amended at 58 FR 46736 , Sept. 2, 1993; 59 FR 17974 , Apr. 15, 1994; 60 FR 52120 , Oct. 5, 1995] § 76.943 Fines. ( a ) A franchising authority may impose fines or monetary forfeitures on a cable operator that does not comply with a rate decision or refund order directed specifically at the cable operator, provided the franchising authority has such power under state or local laws. ( b ) If a cable operator willfully fails to comply with the terms of any franchising authority's order, decision, or request for information, as required by § 76.939 , the Commission may, in addition to other remedies, impose a forfeiture pursuant to section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b) . ( c ) A cable operator shall not be subject to forfeiture because its rate for basic service or equipment is determined to be unreasonable. [ 58 FR 29753 , May 21, 1993, as amended at 59 FR 17974 , Apr. 15, 1994] § 76.944 Commission review of franchising authority decisions on rates for the basic service tier and associated equipment. ( a ) The Commission shall be the sole forum for appeals of decisions by franchising authorities on rates for the basic service tier or associated equipment involving whether or not a franchising authority has acted consistently with the Cable Act or §§ 76.922 and 76.923 . Appeals of ratemaking decisions by franchising authorities that do not depend upon determining whether a franchising authority has acted consistently with the Cable Act or §§ 76.922 and 76.923 , may be heard in state or local courts. ( b ) Any participant at the franchising authority level in a ratemaking proceeding may file an appeal of the franchising authority's decision with the Commission within 30 days of release of the text of the franchising authority's decision as computed under § 1.4(b) of this chapter . Appeals shall be served on the franchising authority or other authority that issued the rate decision. Where the state is the appropriate decisionmaking authority, the state shall forward a copy of the appeal to the appropriate local official(s). Oppositions may be filed within 15 days after the appeals is filed, and must be served on the party(ies) appealing the rate decision. Replies may be filed 7 days after the last day for oppositions and shall be served on the parties to the proceeding. ( c ) An operator that uses the annual rate adjustment method under Section 76.922(e) may include in its next true up under Section 76.922(e)(3) any amounts to which the operator would have been entitled but for a franchising authority decision that is not upheld on appeal. [ 58 FR 29753 , May 21, 1993, as amended at 59 FR 17974 , Apr. 15, 1994; 60 FR 52121 , Oct. 5, 1995] § 76.945 Procedures for Commission review of basic service rates. ( a ) Upon assumption of rate regulation authority, the Commission will notify the cable operator and require the cable operator to file its basic rate schedule with the Commission within 30 days, with a copy to the local franchising authority. ( b ) Basic service and equipment rate schedule filings for existing rates or proposed rate increases (including increases in the baseline channel change that results from reductions in the number of channels in a tier) must use the official FCC form, a copy thereof, or a copy generated by FCC software. Failure to file on the official FCC form or a copy may result in the imposition of sanctions specified in § 76.937(d) . Cable operators seeking to justify the reasonableness of existing or proposed rates above the permitted tier rate must submit a cost-of-service showing sufficient to support a finding that the rates are reasonable. ( c ) Filings proposing annual adjustments or rates within the rates regulation standards in §§ 76.922 and 76.923 , must be made 30 days prior to the proposed effective date and can become effective on the proposed effective date unless the Commission issues an order deferring the effective date or denying the rate proposal. Petitions opposing such filings must be filed within 15 days of public notice of the filing by the cable operator and be accompanied by a certificate that service was made on the cable operator and the local franchising authority. The cable operator may file an opposition within five days of filing of the petition, certifying to service on both the petitioner and the local franchising authority. ( d ) Filings proposing a rate not within the rate regulation standards of §§ 76.922 and 76.923 , must be made 90 days before the requested effective date. Petitions opposing such filings must be filed within 30 days of public notice of the filing, and be accompanied by a certificate that service was made on the cable operator and the local franchising authority. The cable operator may file an opposition within 10 days of the filing of the petition, and certifying that service was made on the petitioner and the local franchising authority. [ 58 FR 29753 , May 21, 1993, as amended at 59 FR 17974 , Apr. 15, 1994] § 76.946 Advertising of rates. Cable operators that advertise rates for basic service and cable programming service tiers shall be required to advertise rates that include all costs and fees. Cable systems that cover multiple franchise areas having differing franchise fees or other franchise costs, different channel line-ups, or different rate structures may advertise a complete range of fees without specific identification of the rate for each individual area. In such circumstances, the operator may advertise a “fee plus” rate that indicates the core rate plus the range of possible additions, depending on the particular location of the subscriber. [ 59 FR 17974 , Apr. 15, 1994] § 76.952 Information to be provided by cable operator on monthly subscriber bills. All cable operators must provide the following information to subscribers on monthly bills: ( a ) The name, mailing address and phone number of the franchising authority, unless the franchising authority in writing requests the cable operator to omit such information. ( b ) The FCC community unit identifier for the cable system. [ 58 FR 29753 , May 21, 1993, as amended at 59 FR 17960 , Apr. 15, 1994; 64 FR 35950 , July 2, 1999] § 76.962 Implementation and certification of compliance. ( a ) Implementation. A cable operator must implement remedial requirements, including prospective rate reductions and refunds, within 60 days from the date the Commission releases an order mandating a remedy. ( b ) Certification of compliance. A cable operator must certify to the Commission its compliance with any Commission order mandating remedial requirements. Such certification shall: ( 1 ) Be filed with the Commission within 90 days from the date the Commission releases an order mandating a remedy; ( 2 ) Reference the applicable Commission order; ( 3 ) State that the cable operator has complied fully with all provisions of the Commission's order; ( 4 ) Include a description of the precise measures the cable operator has taken to implement the remedies ordered by the Commission; and ( 5 ) Be signed by an authorized representative of the cable operator. § 76.963 Forfeiture. ( a ) If any cable operator willfully fails to comply with the terms of any Commission order, including an order mandating remedial requirements after a finding of unreasonable cable programming service or equipment rates, or any Commission rule, the Commission may, in addition to other remedies, impose a forfeiture pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. 503(b) . ( b ) A cable operator shall not be subject to forfeiture because its rate for cable programming service or equipment is determined to be unreasonable. § 76.970 Commercial leased access rates. ( a ) Cable operators shall designate channel capacity for commercial use by persons unaffiliated with the operator, and that seek to lease a programming channel on a full-time basis, in accordance with the requirement of 47 U.S.C. 532 . For purposes of 47 U.S.C. 532(b)(1)(A) and (B) , only those channels that must be carried pursuant to 47 U.S.C. 534 and 535 qualify as channels that are required for use by Federal law or regulation. For cable systems with 100 or fewer channels, channels that cannot be used due to technical and safety regulations of the Federal Government (e.g., aeronautical channels) shall be excluded when calculating the set-aside requirement. ( b ) In determining whether an entity is an “affiliate” for purposes of commercial leased access, entities are affiliated if either entity has an attributable interest in the other or if a third party has an attributable interest in both entities. ( c ) Attributable interest shall be defined by reference to the criteria set forth in Notes 1-5 to § 76.501 provided, however, that: ( 1 ) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply; and; ( 2 ) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or nonvoting stock or limited partnership equity interests of five (5) percent or more. ( d ) The maximum commercial leased access rate that a cable operator may charge for full-time channel placement on any tier is the average implicit fee for full-time channel placement on that tier. ( e ) The average implicit fee identified in paragraph (d) of this section shall be calculated by first calculating the total amount the operator receives in subscriber revenue per month for the programming on the tier on which the channel will be placed, and then subtracting the total amount it pays in programming costs per month for that tier (the “total implicit fee calculation”). Next, the total implicit fee is divided by the number of channels on that tier (the “average implicit fee calculation”). The result, the average implicit fee, is the maximum rate per month that the operator may charge the leased access programmer for a full-time channel on that tier. The license fees for affiliated channels used in determining the average implicit fee shall reflect the prevailing company prices offered in the marketplace to third parties. If a prevailing company price does not exist, the license fee for that programming shall be priced at the programmer's cost or the fair market value, whichever is lower. The average implicit fee shall be calculated annually based on contracts in effect in the previous calendar year. The implicit fee for a contracted service may not include fees, stated or implied, for services other than the provision of channel capacity (e.g., billing and collection, marketing, or studio services). ( f ) The maximum commercial leased access rate that a cable operator may charge for full-time channel placement as an a la carte service is the highest implicit fee on an aggregate basis for full-time channel placement as an a la carte service. ( g ) The highest implicit fee on an aggregate basis for full-time channel placement as an a la carte service shall be calculated by first determining the total amount received by the operator in subscriber revenue per month for each non-leased access a la carte channel on its system (including affiliated a la carte channels) and deducting the total amount paid by the operator in programming costs (including license and copyright fees) per month for programming on such individual channels. This calculation will result in implicit fees determined on an aggregate basis, and the highest of these implicit fees shall be the maximum rate per month that the operator may charge the leased access programmer for placement as a full-time a la carte channel. The license fees for affiliated channels used in determining the highest implicit fee shall reflect the prevailing company prices offered in the marketplace to third parties. If a prevailing company price does not exist, the license fee for that programming shall be priced at the programmer's cost or the fair market value, whichever is lower. The highest implicit fee shall be based on contracts in effect in the previous calendar year. The implicit fee for a contracted service may not include fees, stated or implied, for services other than the provision of channel capacity (e.g., billing and collection, marketing, or studio services). Any subscriber revenue received by a cable operator for an a la carte leased access service shall be passed through to the leased access programmer. ( h ) ( 1 ) Cable system operators shall provide prospective leased access programmers with the following information within 30 calendar days of the date on which a bona fide request for leased access information is made, provided that the programmer has remitted any application fee that the cable system operator requires up to a maximum of $100 per system-specific bona fide request: ( i ) How much of the operator's leased access set-aside capacity is available; ( ii ) A complete schedule of the operator's full-time leased access rates; ( iii ) Rates associated with technical and studio costs; and ( iv ) If specifically requested, a sample leased access contract. ( 2 ) Operators of systems subject to small system relief shall provide the information required in paragraph (h)(1) of this section within 45 calendar days of a bona fide request from a prospective leased access programmer. For these purposes, systems subject to small system relief are systems that either: ( i ) Qualify as small systems under § 76.901(c) and are owned by a small cable company as defined under § 76.901(e) ; or ( ii ) Have been granted special relief. ( 3 ) Bona fide requests, as used in this section, are defined as requests from potential leased access programmers that have provided the following information: ( i ) The desired length of a contract term; ( ii ) The anticipated commencement date for carriage; and ( iii ) The nature of the programming, ( 4 ) All requests for leased access must be made in writing and must specify the date on which the request was sent to the operator. ( 5 ) Operators shall maintain, for Commission inspection, sufficient supporting documentation to justify the scheduled rates, including supporting contracts, calculations of the implicit fees, and justifications for all adjustments. ( 6 ) Cable system operators shall disclose on their own websites, or through alternate means if they do not have their own websites, a contact name or title, telephone number, and email address for the person responsible for responding to requests for information about leased access channels. ( i ) Cable operators are permitted to negotiate rates below the maximum rates permitted in paragraphs (c) through (g) of this section. [ 78 FR 20256 , Apr. 4, 2013, as amended at 84 FR 28768 , June 20, 2019; 85 FR 51367 , Aug. 20, 2020] § 76.971 Commercial leased access terms and conditions. ( a ) ( 1 ) Cable operators shall place leased access programmers that request access to a tier actually used by most subscribers on any tier that has a subscriber penetration of more than 50 percent, unless there are technical or other compelling reasons for denying access to such tiers. ( 2 ) Cable operators shall be permitted to make reasonable selections when placing leased access channels at specific channel locations. The Commission will evaluate disputes involving channel placement on a case-by-case basis and will consider any evidence that an operator has acted unreasonably in this regard. ( 3 ) On systems with available leased access capacity sufficient to satisfy current leased access demand, cable operators shall be required to accommodate as expeditiously as possible all leased access requests for programming that is not obscene or indecent. On systems with insufficient available leased access capacity to satisfy current leased access demand, cable operators shall be permitted to select from among leased access programmers using objective, content-neutral criteria. ( b ) Cable operators may not apply programming production standards to leased access that are any higher than those applied to public, educational and governmental access channels. ( c ) Cable operators are required to provide unaffiliated leased access users the minimal level of technical support necessary for users to present their material on the air, and may not unreasonably refuse to cooperate with a leased access user in order to prevent that user from obtaining channel capacity. Leased access users must reimburse operators for the reasonable cost of any technical support actually provided by the operator that is beyond that provided for non-leased access programmers on the system. A cable operator may charge leased access programmers for the use of technical equipment that is provided at no charge for public, educational and governmental access programming, provided that the operator's franchise agreement requires it to provide the equipment and does not preclude such use, and the equipment is not being used for any other non-leased access programming. Cable operators that are required to purchase technical equipment in order to accommodate a leased access programmer shall have the option of either requiring the leased access programmer to pay the full purchase price of the equipment, or purchasing the equipment and leasing it to the leased access programmer at a reasonable rate. Leased access programmers that are required to pay the full purchase price of additional equipment shall have all rights of ownership associated with the equipment under applicable state and local law. ( d ) Cable operators may require reasonable security deposits or other assurances from users who are unable to prepay in full for access to leased commercial channels. Cable operators may impose reasonable insurance requirements on leased access programmers. Cable operators shall bear the burden of proof in establishing reasonableness. ( e ) Cable operators may not set terms and conditions for commercial leased access use based on content, except: ( 1 ) To the limited extent necessary to establish a reasonable price for the commercial use of designated channel capacity by an unaffiliated person; or ( 2 ) To comply with 47 U.S.C. 532 (h), (j) and § 76.701 . ( f ) ( 1 ) A cable operator shall provide billing and collection services for commercial leased access cable programmers, unless the operator demonstrates the existence of third party billing and collection services which in terms of cost and accessibility, offer leased access programmers an alternative substantially equivalent to that offered to comparable non-leased access programmers. ( 2 ) If an operator can make the showing required in paragraph (f)(1) of this section, it must, to the extent technically feasible make available data necessary to enable a third party to bill and collect for the leased access user. ( g ) Cable operators shall not unreasonably limit the length of leased access contracts. The termination provisions of leased access contracts shall be commercially reasonable and may not allow operators to terminate leased access contracts without a reasonable basis. ( h ) Cable operators may not prohibit the resale of leased access capacity to persons unaffiliated with the operator, but may provide in their leased access contracts that any sublessees will be subject to the non-price terms and conditions that apply to the initial lessee, and that, if the capacity is resold, the rate for the capacity shall be the maximum permissible rate. [ 58 FR 29753 , May 21, 1993, as amended at 61 FR 16401 , Apr. 15, 1996; 62 FR 11381 , Mar. 12, 1997; 84 FR 28769 , June 20, 2019] § 76.975 Commercial leased access dispute resolution. ( a ) Any person aggrieved by the failure or refusal of a cable operator to make commercial channel capacity available in accordance with the provisions of Title VI of the Communications Act may bring an action in the district court of the United States for the Judicial district in which the cable system is located to compel that such capacity be made available. ( b ) ( 1 ) Any person aggrieved by the failure or refusal of a cable operator to make commercial channel capacity available or to charge rates for such capacity in accordance with the provisions of Title VI of the Communications Act, or our implementing regulations, §§ 76.970 and 76.971 , may file a petition for relief with the Commission. Persons alleging that a cable operator's leased access rate is unreasonable must receive a determination of the cable operator's maximum permitted rate from an independent accountant prior to filing a petition for relief with the Commission. ( 2 ) Parties to a dispute over leased access rates shall have five business days to agree on a mutually acceptable accountant from the date on which the programmer provides the cable operator with a written request for a review of its leased access rates. Parties that fail to agree on a mutually acceptable accountant within five business days of the programmer's request for a review shall each be required to select an independent accountant on the sixth business day. The two accountants selected shall have five business days to select a third independent accountant to perform the review. Operators of systems subject to small system relief shall have 14 business days to select an independent accountant when an agreement cannot be reached. For these purposes, systems subject to small system relief are systems that either: ( i ) Qualify as small systems under § 76.901(c) and are owned by a small cable company as defined under § 76.901(e) ; or ( ii ) Have been granted special relief. ( 3 ) The final accountant's report must be completed within 60 days of the date on which the final accountant is selected to perform the review. The final accountant's report must, at a minimum, state the maximum permitted rate, and explain how it was determined without revealing proprietary information. The report must be signed, dated and certified by the accountant. The report shall be filed in the cable system's local public file. ( 4 ) If the accountant's report indicates that the cable operator's leased access rate exceeds the maximum permitted rate by more than a de minimis amount, the cable operator shall be required to pay the full cost of the review. If the final accountant's report does not indicate that the cable operator's leased access rate exceeds the maximum permitted rate by more than a de minimis amount, each party shall be required to split the cost of the final accountant's review, and to pay its own expenses incurred in making the review. ( 5 ) Parties may use alternative dispute resolution (ADR) processes to settle disputes that are not resolved by the final accountant's report. ( c ) A petition must contain a concise statement of the facts constituting a violation of the statute or the Commission's rules, the specific statute(s) or rule(s) violated, and certify that the petition was served on the cable operator. Where a petition is based on allegations that a cable operator's leased access rates are unreasonable, the petitioner must attach a copy of the final accountant's report. In proceedings before the Commission, there will be a rebuttable presumption that the final accountant's report is correct. ( d ) Where a petition is not based on allegations that a cable operator's leased access rates are unreasonable, the petition must be filed within 60 days of the alleged violation. Where a petition is based on allegations that the cable operator's leased access rates are unreasonable, the petition must be filed within 60 days of the final accountant's report, or within 60 days of the termination of ADR proceedings. Aggrieved parties must certify that their petition was filed within 60 days of the termination of ADR proceedings in order to file a petition later than 60 days after completion of the final accountant's report. Cable operators may rebut such certifications. ( e ) The cable operator or other respondent will have 30 days from service of the petition to file an answer. If a leased access rate is disputed, the answer must show that the rate charged is not higher than the maximum permitted rate for such leased access, and must be supported by the affidavit of a responsible company official. If, after an answer is submitted, the staff finds a prima facie violation of our rules, the staff may require a respondent to produce additional information, or specify other procedures necessary for resolution of the proceeding. Replies to answers must be filed within fifteen (15) days after submission of the answer. ( f ) The Commission, after consideration of the pleadings, may grant the relief requested, in whole or in part, including, but not limited to ordering refunds, injunctive measures, or forfeitures pursuant 47 U.S.C. 503 , denying the petition, or issuing a ruling on the petition or dispute. ( g ) To be afforded relief, the petitioner must show by clear and convincing evidence that the cable operator has violated the Commission's leased access provisions in 47 U.S.C. 532 or §§ 76.970 and 76.971 , or otherwise acted unreasonably or in bad faith in failing or refusing to make capacity available or to charge lawful rates for such capacity to an unaffiliated leased access programmer. ( h ) During the pendency of a dispute, a party seeking to lease channel capacity for commercial purposes, shall comply with the rates, terms and conditions prescribed by the cable operator, subject to refund or other appropriate remedy. ( i ) Section 76.7 applies to petitions for relief filed under this section, except as otherwise provided in this section. [ 78 FR 20257 , Apr. 4, 2013, as amended at 84 FR 28769 , June 20, 2019] § 76.977 Minority and educational programming used in lieu of designated commercial leased access capacity. ( a ) A cable operator required by this section to designate channel capacity for commercial use pursuant to 47 U.S.C. 532 , may use any such channel capacity for the provision of programming from a qualified minority programming source or from any qualified educational programming sources, whether or not such source is affiliated with cable operator. The channel capacity used to provide programming from a qualified minority programming source or from any qualified educational programming source pursuant to this section may not exceed 33 percent of the channel capacity designated pursuant to 47 U.S.C. 532 and must be located on a tier with more than 50 percent subscriber penetration. ( b ) For purposes of this section, a qualified minority programming source is a programming source that devotes substantially all of its programming to coverage of minority viewpoints, or to programming directed at members of minority groups, and which is over 50 percent minority-owned. ( c ) For purposes of this section, a qualified educational programming source is a programming source that devotes substantially all of its programming to educational or instructional programming that promotes public understanding of mathematics, the sciences, the humanities, or the arts and has a documented annual expenditure on programming exceeding $15 million. The annual expenditure on programming means all annual costs incurred by the programming source to produce or acquire programs which are scheduled to be televised, and specifically excludes marketing, promotion, satellite transmission and operational costs, and general administrative costs. ( d ) For purposes of paragraphs (b) and (c) of this section, substantially all means that 90% or more of the programming offered must be devoted to minority or educational purposes, as defined in paragraphs (b) and (c) of this section, respectively. ( e ) For purposes of paragraph (b) of this section, “minority” is defined as in 47 U.S.C. 309(i)(3)(c)(ii) to include Blacks, Hispanics, American Indians, Alaska Natives, Asians and Pacific Islanders. [ 58 FR 29753 , May 21, 1993, as amended at 62 FR 11382 , Mar. 12, 1997] § 76.980 Charges for customer changes. ( a ) This section shall govern charges for any changes in service tiers or equipment provided to the subscriber that are initiated at the request of a subscriber after initial service installation. ( b ) The charge for customer changes in service tiers effected solely by coded entry on a computer terminal or by other similarly simple methods shall be a nominal amount, not exceeding actual costs, as defined in paragraph (c) of this section. ( c ) The charge for customers changes in service tiers or equipment that involve more than coded entry on a computer or other similarly simple method shall be based on actual cost. The actual cost charge shall be either the HSC, as defined in Section 76.923 of the rules, multiplied by the number of persons hours needed to implement the change, or the HSC multiplied by the average number of persons hours involved in implementing customer changes. ( d ) A cable operator may establish a higher charge for changes effected solely by coded entry on a computer terminal or by other similarly simple methods, subject to approval by the franchising authority, for a subscriber changing service tiers more than two times in a twelve month period, except for such changes ordered in response to a change in price or channel line-up. ( e ) Downgrade charges that are the same as, or lower than, upgrade charges are evidence of the reasonableness of such downgrade charges. ( f ) For 30 days after notice of retiering or rate increases, a customer may obtain changes in service tiers at no additional charge. Note 1 to § 76.980 : Cable operators must also notify subscribers of potential charges for customer service changes, as provided in § 76.1604 . [ 58 FR 29753 , May 21, 1993, as amended at 65 FR 53617 , Sept. 5, 2000] § 76.981 Negative option billing. ( a ) A cable operator shall not charge a subscriber for any service or equipment that the subscriber has not affirmatively requested by name. A subscriber's failure to refuse a cable operator's proposal to provide such service or equipment is not an affirmative request for service or equipment. A subscriber's affirmative request for service or equipment may be made orally or in writing. ( b ) The requirements of paragraph (a) of this section shall not preclude the adjustment of rates to reflect inflation, cost of living and other external costs, the addition or deletion of a specific program from a service offering, the addition or deletion of specific channels from an existing tier or service, the restructuring or division of existing tiers of service, or the adjustment of rates as a result of the addition, deletion or substitution of channels pursuant to § 76.922 , provided that such changes do not constitute a fundamental change in the nature of an existing service or tier of service and are otherwise consistent with applicable regulations. ( c ) State and local governments may not enforce state and local consumer protection laws that conflict with or undermine paragraph (a) or (b) of this section or any other sections of this Subpart that were established pursuant to Section 3 of the 1992 Cable Act, 47 U.S.C. 543 . [ 59 FR 62625 , Dec. 6, 1994] § 76.982 Continuation of rate agreements. During the term of an agreement executed before July 1, 1990, by a franchising authority and a cable operator providing for the regulation of basic cable service rates, where there was not effective competition under Commission rules in effect on that date, the franchising authority may regulate basic cable rates without following section 623 of the 1992 Cable Act or §§ 76.910 through 76.942 . A franchising authority regulating basic cable rates pursuant to such a rate agreement is not required to file for certification during the remaining term of the agreement but shall notify the Commission of its intent to continue regulating basic cable rates. § 76.983 Discrimination. ( a ) No Federal agency, state, or local franchising authority may prohibit a cable operator from offering reasonable discounts to senior citizens or to economically disadvantaged groups. ( 1 ) Such discounts must be offered equally to all subscribers in the franchise area who qualify as members of these categories, or any reasonable subcategory thereof. ( 2 ) For purposes of this section, members of economically disadvantaged groups are those individuals who receive federal, state or local welfare assistance. ( b ) Nothing herein shall preclude any Federal agency, state, or local franchising authority from requiring and regulating the reception of cable service by hearing impaired individuals. § 76.984 Geographically uniform rate structure. ( a ) The rates charged by cable operators for basic service, cable programming service, and associated equipment and installation shall be provided pursuant to a rate structure that is uniform throughout each franchise area in which cable service is provided. ( b ) This section does not prohibit the establishment by cable operators of reasonable categories of service and customers with separate rates and terms and conditions of service, within a franchise area. ( c ) This section does not apply to: ( 1 ) A cable operator with respect to the provision of cable service over its cable system in any geographic area in which the video programming services offered by the operator in that area are subject to effective competition, or ( 2 ) Any video programming offered on a per channel or per program basis. ( 3 ) Bulk discounts to multiple dwelling units shall not be subject to this section, except that a cable operator of a cable system that is not subject to effective competition may not charge predatory prices to a multiple dwelling unit. Upon a prima facie showing by a complainant that there are reasonable grounds to believe that the discounted price is predatory, the cable system shall have the burden of showing that its discounted price is not predatory. Note 1 to paragraph ( c )(3): Discovery procedures for predatory pricing complaints. Requests for discovery will be addressed pursuant to the procedures specified in § 76.7(f) . Note 2 to paragraph ( c )(3): Confidential information. Parties submitting material believed to be exempt from disclosure pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552(b) , and the Commission's rules, § 0.457 of this chapter , should follow the procedures in § 0.459 of this chapter and § 76.9 . [ 59 FR 17975 , Apr. 15, 1994, as amended at 61 FR 18979 , Apr. 30, 1996; 64 FR 35951 , July 2, 1999] § 76.985 Subscriber bill itemization. ( a ) Cable operators may identify as a separate line item of each regular subscriber bill the following: ( 1 ) The amount of the total bill assessed as a franchise fee and the identity of the franchising authority to which the fee is paid. ( 2 ) The amount of the total bill assessed to satisfy any requirements imposed on the cable operator by the franchise agreement to support public, educational, or governmental channels or the use of such channels. ( 3 ) The amount of any other fee, tax, assessment, or charge of any kind imposed by any governmental authority on the transaction between the operator and the subscriber. In order for a governmental fee or assessment to be separately identified under this section, it must be directly imposed by a governmental body on a transaction between a subscriber and an operator. ( b ) The charge identified on the subscriber bill as the total charge for cable service should include all fees and costs itemized pursuant to this section. ( c ) Local franchising authorities may adopt regulations consistent with this section. [ 58 FR 29753 , May 21, 1993, as amended at 76 FR 55818 , Sept. 9, 2011; 83 FR 60776 , Nov. 27, 2018] § 76.990 Small cable operators. ( a ) Effective February 8, 1996, a small cable operator is exempt from rate regulation on its cable programming services tier, or on its basic service tier if that tier was the only service tier subject to rate regulation as of December 31, 1994, in any franchise area in which that operator services 50,000 or fewer subscribers. ( b ) Procedures. ( 1 ) A small cable operator, may certify in writing to its franchise authority at any time that it meets all criteria necessary to qualify as a small operator. Upon request of the local franchising authority, the operator shall identify in writing all of its affiliates that provide cable service, the total subscriber base of itself and each affiliate, and the aggregate gross revenues of its cable and non-cable affiliates. Within 90 days of receiving the original certification, the local franchising authority shall determine whether the operator qualifies for deregulation and shall notify the operator in writing of its decision, although this 90-day period shall be tolled for so long as it takes the operator to respond to a proper request for information by the local franchising authority. An operator may appeal to the Commission a local franchise authority's information request if the operator seeks to challenge the information request as unduly or unreasonably burdensome. If the local franchising authority finds that the operator does not qualify for deregulation, its notice shall state the grounds for that decision. The operator may appeal the local franchising authority's decision to the Commission within 30 days. ( 2 ) Once the operator has certified its eligibility for deregulation on the basic service tier, the local franchising authority shall not prohibit the operator from taking a rate increase and shall not order the operator to make any refunds unless and until the local franchising authority has rejected the certification in a final order that is no longer subject to appeal or that the Commission has affirmed. The operator shall be liable for refunds for revenues gained (beyond revenues that could be gained under regulation) as a result of any rate increase taken during the period in which it claimed to be deregulated, plus interest, in the event the operator is later found not to be deregulated. The one-year limitation on refund liability will not be applicable during that period to ensure that the filing of an invalid small operator certification does not reduce any refund liability that the operator would otherwise incur. ( 3 ) Within 30 days of being served with a local franchising authority's notice that the local franchising authority intends to file a cable programming services tier rate complaint, an operator may certify to the local franchising authority that it meets the criteria for qualification as a small cable operator. This certification shall be filed in accordance with the cable programming services rate complaint procedure set forth in § 76.1402 . Absent a cable programming services rate complaint, the operator may request a declaration of CPST rate deregulation from the Commission pursuant to § 76.7 . ( c ) Transition from small cable operator status. If a small cable operator subsequently becomes ineligible for small operator status, the operator will become subject to regulation but may maintain the rates it charged prior to losing small cable operator status if such rates (with an allowance for minor variations) were in effect for the three months preceding the loss of small cable operator status. Subsequent rate increases following the loss of small cable operator status will be subject to generally applicable regulations governing rate increases. Note to § 76.990 : For rules governing small cable systems and small cable companies, see § 76.934 . [ 64 FR 35951 , July 2, 1999] Subpart O—Competitive Access to Cable Programming § 76.1000 Definitions. As used in this subpart: ( a ) Area served by cable system. The term “area served” by a cable system means an area actually passed by a cable system and which can be connected for a standard connection fee. ( b ) Cognizable interests. In applying the provisions of this subpart, ownership and other interests in cable operators, satellite cable programming vendors, satellite broadcast programming vendors, or terrestrial cable programming vendors will be attributed to their holders and may subject the interest holders to the rules of this subpart. Cognizable and attributable interests shall be defined by reference to the criteria set forth in Notes 1 through 5 to § 76.501 provided, however, that: ( 1 ) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply; and ( 2 ) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or nonvoting stock or limited partnership equity interests of five (5) percent or more. ( c ) Buying groups. The term “buying group” or “agent,” for purposes of the definition of a multichannel video programming distributor set forth in paragraph (e) of this section, means an entity representing the interests of more than one entity distributing multichannel video programming that: ( 1 ) Agrees to be financially liable for any fees due pursuant to a satellite cable programming, satellite broadcast programming, or terrestrial cable programming contract which it signs as a contracting party as a representative of its members or whose members, as contracting parties, agree to joint and several liability; and ( 2 ) Agrees to uniform billing and standardized contract provisions for individual members; and ( 3 ) Agrees either collectively or individually on reasonable technical quality standards for the individual members of the group. ( d ) Competing distributors. The term “competing,” as used with respect to competing multichannel video programming distributors, means distributors whose actual or proposed service areas overlap. ( e ) Multichannel video programming distributor. The term “multichannel video programming distributor” means an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of video programming. Such entities include, but are not limited to, a cable operator, a BRS/EBS provider, a direct broadcast satellite service, a television receive-only satellite program distributor, and a satellite master antenna television system operator, as well as buying groups or agents of all such entities. Note to paragraph ( e ): A video programming provider that provides more than one channel of video programming on an open video system is a multichannel video programming distributor for purposes of this subpart O and Section 76.1507 . ( f ) Satellite broadcast programming. The term “satellite broadcast programming” means broadcast video programming when such programming is retransmitted by satellite and the entity retransmitting such programming is not the broadcaster or an entity performing such retransmission on behalf of and with the specific consent of the broadcaster. ( g ) Satellite broadcast programming vendor. The term “satellite broadcast programming vendor” means a fixed service satellite carrier that provides service pursuant to section 119 of title 17, United States Code , with respect to satellite broadcast programming. ( h ) Satellite cable programming. The term “satellite cable programming” means video programming which is transmitted via satellite and which is primarily intended for direct receipt by cable operators for their retransmission to cable subscribers, except that such term does not include satellite broadcast programming. Note to paragraph ( h ): Satellite programming which is primarily intended for the direct receipt by open video system operators for their retransmission to open video system subscribers shall be included within the definition of satellite cable programming. ( i ) Satellite cable programming vendor. The term “satellite cable programming vendor” means a person engaged in the production, creation, or wholesale distribution for sale of satellite cable programming, but does not include a satellite broadcast programming vendor. ( j ) Similarly situated. The term “similarly situated” means, for the purposes of evaluating alternative programming contracts offered by a defendant programming vendor or by a terrestrial cable programming vendor alleged to have engaged in conduct described in § 76.1001(b)(1)(ii) , that an alternative multichannel video programming distributor has been identified by the defendant as being more properly compared to the complainant in order to determine whether a violation of § 76.1001(a) or § 76.1002(b) has occurred. The analysis of whether an alternative multichannel video programming distributor is properly comparable to the complainant includes consideration of, but is not limited to, such factors as whether the alternative multichannel video programming distributor operates within a geographic region proximate to the complainant, has roughly the same number of subscribers as the complainant, and purchases a similar service as the complainant. Such alternative multichannel video programming distributor, however, must use the same distribution technology as the “competing” distributor with whom the complainant seeks to compare itself. ( k ) Subdistribution agreement. The term “subdistribution agreement” means an arrangement by which a local cable operator is given the right by a satellite cable programming vendor or satellite broadcast programming vendor to distribute the vendor's programming to competing multichannel video programming distributors. ( l ) Terrestrial cable programming. The term “terrestrial cable programming” means video programming which is transmitted terrestrially or by any means other than satellite and which is primarily intended for direct receipt by cable operators for their retransmission to cable subscribers, except that such term does not include satellite broadcast programming or satellite cable programming. ( m ) Terrestrial cable programming vendor. The term “terrestrial cable programming vendor” means a person engaged in the production, creation, or wholesale distribution for sale of terrestrial cable programming, but does not include a satellite broadcast programming vendor or a satellite cable programming vendor. [ 58 FR 27670 , May 11, 1993, as amended at 61 FR 28708 , June 5, 1996; 64 FR 67197 , Dec. 1, 1999; 69 FR 72046 , Dec. 10, 2004; 75 FR 9723 , Mar. 3, 2010] § 76.1001 Unfair practices generally. ( a ) Unfair practices generally. No cable operator, satellite cable programming vendor in which a cable operator has an attributable interest, or satellite broadcast programming vendor shall engage in unfair methods of competition or unfair or deceptive acts or practices, the purpose or effect of which is to hinder significantly or prevent any multichannel video programming distributor from providing satellite cable programming or satellite broadcast programming to subscribers or consumers. ( b ) Unfair practices involving terrestrial cable programming and terrestrial cable programming vendors. ( 1 ) The phrase “unfair methods of competition or unfair or deceptive acts or practices” as used in paragraph (a) of this section includes, but is not limited to, the following: ( i ) Any effort or action by a cable operator that has an attributable interest in a terrestrial cable programming vendor to unduly or improperly influence the decision of such vendor to sell, or unduly or improperly influence such vendor's prices, terms, and conditions for the sale of, terrestrial cable programming to any unaffiliated multichannel video programming distributor. ( ii ) Discrimination in the prices, terms, or conditions of sale or delivery of terrestrial cable programming among or between competing cable systems, competing cable operators, or any competing multichannel video programming distributors, or their agents or buying groups, by a terrestrial cable programming vendor that is wholly owned by, controlled by, or under common control with a cable operator or cable operators, satellite cable programming vendor or vendors in which a cable operator has an attributable interest, or satellite broadcast programming vendor or vendors; except that the phrase does not include the practices set forth in § 76.1002(b)(1) through (3) . The cable operator or cable operators, satellite cable programming vendor or vendors in which a cable operator has an attributable interest, or satellite broadcast programming vendor or vendors that wholly own or control, or are under common control with, such terrestrial cable programming vendor shall be deemed responsible for such discrimination and any complaint based on such discrimination shall be filed against such cable operator, satellite cable programming vendor, or satellite broadcast programming vendor. ( iii ) Exclusive contracts, or any practice, activity, or arrangement tantamount to an exclusive contract, for terrestrial cable programming between a cable operator and a terrestrial cable programming vendor in which a cable operator has an attributable interest. ( 2 ) Any multichannel video programming distributor aggrieved by conduct described in paragraph (b)(1) of this section that it believes constitutes a violation of paragraph (a) of this section may commence an adjudicatory proceeding at the Commission to obtain enforcement of the rules through the filing of a complaint. The complaint shall be filed and responded to in accordance with the procedures specified in § 76.7 , as modified by § 76.1003 , with the following additions or changes: ( i ) The defendant shall answer the complaint within forty-five (45) days of service of the complaint, unless otherwise directed by the Commission. ( ii ) The complainant shall have the burden of proof that the defendant's alleged conduct described in paragraph (b)(1) of this section has the purpose or effect of hindering significantly or preventing the complainant from providing satellite cable programming or satellite broadcast programming to subscribers or consumers. An answer to such a complaint shall set forth the defendant's reasons to support a finding that the complainant has not carried this burden. ( iii ) A complainant alleging that a terrestrial cable programming vendor has engaged in conduct described in paragraph (b)(1)(ii) of this section shall have the burden of proof that the terrestrial cable programming vendor is wholly owned by, controlled by, or under common control with a cable operator or cable operators, satellite cable programming vendor or vendors in which a cable operator has an attributable interest, or satellite broadcast programming vendor or vendors. An answer to such a complaint shall set forth the defendant's reasons to support a finding that the complainant has not carried this burden. [ 75 FR 9723 , Mar. 3, 2010] § 76.1002 Specific unfair practices prohibited. ( a ) Undue or improper influence. No cable operator that has an attributable interest in a satellite cable programming vendor or in a satellite broadcast programming vendor shall unduly or improperly influence the decision of such vendor to sell, or unduly or improperly influence such vendor's prices, terms and conditions for the sale of, satellite cable programming or satellite broadcast programming to any unaffiliated multichannel video programming distributor. ( b ) Discrimination in prices, terms or conditions. No satellite cable programming vendor in which a cable operator has an attributable interest, or satellite broadcast programming vendor, shall discriminate in the prices, terms, and conditions of sale or delivery of satellite cable programming or satellite broadcast programming among or between competing cable systems, competing cable operators, or any competing multichannel video programming distributors. Nothing in this subsection, however, shall preclude: ( 1 ) The imposition of reasonable requirements for creditworthiness, offering of service, and financial stability and standards regarding character and technical quality; Note 1: Vendors are permitted to create a distinct class or classes of service in pricing based on credit considerations or financial stability, although any such distinctions must be applied for reasons for other than a multichannel video programming distributor's technology. Vendors are not permitted to manifest factors such as creditworthiness or financial stability in price differentials if such factors are already taken into account through different terms or conditions such as special credit requirements or payment guarantees. Note 2: Vendors may establish price differentials based on factors related to offering of service, or difference related to the actual service exchanged between the vendor and the distributor, as manifested in standardly applied contract terms based on a distributor's particular characteristics or willingness to provide secondary services that are reflected as a discount or surcharge in the programming service's price. Such factors include, but are not limited to, penetration of programming to subscribers or to particular systems; retail price of programming to the consumer for pay services; amount and type of promotional or advertising services by a distributor; a distributor's purchase of programming in a package or a la carte; channel position; importance of location for non-volume reasons; prepayment discounts; contract duration; date of purchase, especially purchase of service at launch; meeting competition at the distributor level; and other legitimate factors as standardly applied in a technology neutral fashion. ( 2 ) The establishment of different prices, terms, and conditions to take into account actual and reasonable differences in the cost of creation, sale, delivery, or transmission of satellite cable programming, satellite broadcast programming, or terrestrial cable programming; Note: Vendors may base price differentials, in whole or in part, on differences in the cost of delivering a programming service to particular distributors, such as differences in costs, or additional costs, incurred for advertising expenses, copyright fees, customer service, and signal security. Vendors may base price differentials on cost differences that occur within a given technology as well as between technologies. A price differential for a program service may not be based on a distributor's retail costs in delivering service to subscribers unless the program vendor can demonstrate that subscribers do not or will not benefit from the distributor's cost savings that result from a lower programming price. ( 3 ) The establishment of different prices, terms, and conditions which take into account economies of scale, cost savings, or other direct and legitimate economic benefits reasonably attributable to the number of subscribers served by the distributor; or Note: Vendors may use volume-related justifications to establish price differentials to the extent that such justifications are made available to similarly situated distributors on a technology-neutral basis. When relying upon standardized volume-related factors that are made available to all multichannel video programming distributors using all technologies, the vendor may be required to demonstrate that such volume discounts are reasonably related to direct and legitimate economic benefits reasonably attributable to the number of subscribers served by the distributor if questions arise about the application of that discount. In such demonstrations, vendors will not be required to provide a strict cost justification for the structure of such standard volume-related factors, but may also identify non-cost economic benefits related to increased viewership. ( 4 ) Entering into exclusive contracts in areas that are permitted under paragraphs (c)(2) and (c)(4) of this section. ( c ) Exclusive contracts and practices — ( 1 ) Unserved areas. No cable operator shall engage in any practice or activity or enter into any understanding or arrangement, including exclusive contracts, with a satellite cable programming vendor or satellite broadcast programming vendor for satellite cable programming or satellite broadcast programming that prevents a multichannel video programming distributor from obtaining such programming from any satellite cable programming vendor in which a cable operator has an attributable interest, or any satellite broadcast programming vendor in which a cable operator has an attributable interest for distribution to persons in areas not served by a cable operator as of October 5, 1992. ( 2 ) [Reserved] ( 3 ) Specific arrangements: Subdistribution agreements — ( i ) Unserved areas. No cable operator shall enter into any subdistribution agreement or arrangement for satellite cable programming or satellite broadcast programming with a satellite cable programming vendor in which a cable operator has an attributable interest or a satellite broadcast programming vendor in which a cable operator has an attributable interest for distribution to persons in areas not served by a cable operator as of October 5, 1992 unless such agreement or arrangement complies with the limitations set forth in paragraph (c)(3)(ii) of this section. ( ii ) Limitations on subdistribution agreements in unserved areas. No cable operator engaged in subdistribution of satellite cable programming or satellite broadcast programming may require a competing multichannel video programming distributor to ( A ) Purchase additional or unrelated programming as a condition of such subdistribution; or ( B ) Provide access to private property in exchange for access to programming. In addition, a subdistributor may not charge a competing multichannel video programming distributor more for said programming than the satellite cable programming vendor or satellite broadcast programming vendor itself would be permitted to charge. Any cable operator acting as a subdistributor of satellite cable programming or satellite broadcast programming must respond to a request for access to such programming by a competing multichannel video programming distributor within fifteen (15) days of the request. If the request is denied, the competing multichannel video programming distributor must be permitted to negotiate directly with the satellite cable programming vendor or satellite broadcast programming vendor. ( 4 ) Public interest determination. In determining whether an exclusive contract is in the public interest for purposes of paragraph (c)(5) of this section, the Commission will consider each of the following factors with respect to the effect of such contract on the distribution of video programming in areas that are served by a cable operator: ( i ) The effect of such exclusive contract on the development of competition in local and national multichannel video programming distribution markets; ( ii ) The effect of such exclusive contract on competition from multichannel video programming distribution technologies other than cable; ( iii ) The effect of such exclusive contract on the attraction of capital investment in the production and distribution of new satellite cable programming; ( iv ) The effect of such exclusive contract on diversity of programming in the multichannel video programming distribution market; and ( v ) The duration of the exclusive contract. ( 5 ) Commission approval required. Any cable operator, satellite cable programming vendor in which a cable operator has an attributable interest, or satellite broadcast programming vendor in which a cable operator has an attributable interest must submit a “Petition for Exclusivity” to the Commission and receive approval from the Commission to preclude the filing of complaints alleging that an exclusive contract with respect to areas served by a cable operator violates section 628(c)(2)(B) of the Communications Act of 1934, as amended, and paragraph (b) of this section. ( i ) The petition for exclusivity shall contain those portions of the contract relevant to exclusivity, including: ( A ) A description of the programming service; ( B ) The extent and duration of exclusivity proposed; and ( C ) Any other terms or provisions directly related to exclusivity or to any of the criteria set forth in paragraph (c)(4) of this section. The petition for exclusivity shall also include a statement setting forth the petitioner's reasons to support a finding that the contract is in the public interest, addressing each of the five factors set forth in paragraph (c)(4) of this section. ( ii ) Any competing multichannel video programming distributor affected by the proposed exclusivity may file an opposition to the petition for exclusivity within thirty (30) days of the date on which the petition is placed on public notice, setting forth its reasons to support a finding that the contract is not in the public interest under the criteria set forth in paragraph (c)(4) of this section. Any such formal opposition must be served on petitioner on the same day on which it is filed with the Commission. ( iii ) The petitioner may file a response within ten (10) days of receipt of any formal opposition. The Commission will then approve or deny the petition for exclusivity. ( d ) Limitations — ( 1 ) Geographic limitations. Nothing in this section shall require any person who is engaged in the national or regional distribution of video programming to make such programming available in any geographic area beyond which such programming has been authorized or licensed for distribution. ( 2 ) Applicability to satellite retransmissions. Nothing in this section shall apply: ( i ) To the signal of any broadcast affiliate of a national television network or other television signal that is retransmitted by satellite but that is not satellite broadcast programming; or ( ii ) To any internal satellite communication of any broadcast network or cable network that is not satellite broadcast programming. ( e ) Exemptions for prior contracts — ( 1 ) In general. Nothing in this section shall affect any contract that grants exclusive distribution rights to any person with respect to satellite cable programming and that was entered into or before June 1, 1990, except that the provisions of paragraph (c)(1) of this section shall apply for distribution to persons in areas not served by a cable operator. ( 2 ) Limitation on renewals. A contract that was entered into on or before June 1, 1990, but that was renewed or extended after October 5, 1992, shall not be exempt under paragraph (e)(1) of this section. ( f ) Application to existing contracts. All contracts, except those specified in paragraph (e) of this section, related to the provision of satellite cable programming or satellite broadcast programming to any multichannel video programming distributor must be brought into compliance with the requirements specified in this subpart no later than November 15, 1993. [ 58 FR 27671 , May 11, 1993, as amended at 59 FR 66259 , Dec. 23, 1994; 67 FR 42951 , July 30, 2002; 72 FR 56661 , Oct. 4, 2007; 75 FR 9724 , Mar. 3, 2010; 77 FR 66048 , Oct. 31, 2012] § 76.1003 Program access proceedings ( a ) Complaints. Any multichannel video programming distributor aggrieved by conduct that it believes constitute a violation of the regulations set forth in this subpart may commence an adjudicatory proceeding at the Commission to obtain enforcement of the rules through the filing of a complaint. The complaint shall be filed and responded to in accordance with the procedures specified in § 76.7 of this part with the following additions or changes: ( b ) Prefiling notice required. Any aggrieved multichannel video programming distributor intending to file a complaint under this section must first notify the potential defendant cable operator, and/or the potential defendant satellite cable programming vendor or satellite broadcast programming vendor, that it intends to file a complaint with the Commission based on actions alleged to violate one or more of the provisions contained in § 76.1001 or § 76.1002 of this part . The notice must be sufficiently detailed so that its recipient(s) can determine the specific nature of the potential complaint. The potential complainant must allow a minimum of ten (10) days for the potential defendant(s) to respond before filing a complaint with the Commission. ( c ) Contents of complaint. In addition to the requirements of § 76.7 of this part , a program access complaint shall contain: ( 1 ) The type of multichannel video programming distributor that describes complainant, the address and telephone number of the complainant, whether the defendant is a cable operator, satellite broadcast programming vendor or satellite cable programming vendor (describing each defendant), and the address and telephone number of each defendant; ( 2 ) Evidence that supports complainant's belief that the defendant, where necessary, meets the attribution standards for application of the program access requirements; ( 3 ) Evidence that the complainant competes with the defendant cable operator, or with a multichannel video programming distributor that is a customer of the defendant satellite cable programming or satellite broadcast programming vendor or a terrestrial cable programming vendor alleged to have engaged in conduct described in § 76.1001(b)(1) ; ( 4 ) In complaints alleging discrimination, documentary evidence such as a rate card or a programming contract that demonstrates a differential in price, terms or conditions between complainant and a competing multichannel video programming distributor or, if no programming contract or rate card is submitted with the complaint, an affidavit signed by an officer of complainant alleging that a differential in price, terms or conditions exits, a description of the nature and extent (if known or reasonably estimated by the complainant) of the differential, together with a statement that defendant refused to provide any further specific comparative information; ( 5 ) If a programming contract or a rate card is submitted with the complaint in support of the alleged violation, specific references to the relevant provisions therein; ( 6 ) In complaints alleging exclusivity violations: ( i ) The identity of both the programmer and cable operator who are parties to the alleged prohibited agreement, ( ii ) Evidence that complainant can or does serve the area specified in the complaint, and ( iii ) Evidence that the complainant has requested to purchase the relevant programming and has been refused or unanswered; ( 7 ) In complaints alleging a violation of § 76.1001 of this part , evidence demonstrating that the behavior complained of has harmed complainant. ( 8 ) The complaint must be accompanied by appropriate evidence demonstrating that the required notification pursuant to paragraph (a) of this section has been made. ( d ) Damages requests. ( 1 ) In a case where recovery of damages is sought, the complaint shall contain a clear and unequivocal request for damages and appropriate allegations in support of such claim in accordance with the requirements of paragraph (d)(3) of this section. ( 2 ) Damages will not be awarded upon a complaint unless specifically requested. Damages may be awarded if the complaint complies fully with the requirement of paragraph (d)(3) of this section where the defendant knew, or should have known that it was engaging in conduct violative of section 628. ( 3 ) In all cases in which recovery of damages is sought, the complainant shall include within, or as an attachment to, the complaint, either: ( i ) A computation of each and every category of damages for which recovery is sought, along with an identification of all relevant documents and materials or such other evidence to be used by the complainant to determine the amount of such damages; or ( ii ) An explanation of: ( A ) The information not in the possession of the complaining party that is necessary to develop a detailed computation of damages; ( B ) The reason such information is unavailable to the complaining party; ( C ) The factual basis the complainant has for believing that such evidence of damages exists; and ( D ) A detailed outline of the methodology that would be used to create a computation of damages when such evidence is available. ( e ) Answer. ( 1 ) Except as otherwise provided or directed by the Commission, any cable operator, satellite cable programming vendor or satellite broadcast programming vendor upon which a program access complaint is served under this section shall answer within twenty (20) days of service of the complaint, provided that the answer shall be filed within forty-five (45) days of service of the complaint if the complaint alleges a violation of section 628(b) of the Communications Act of 1934, as amended, or § 76.1001(a) . To the extent that a cable operator, satellite cable programming vendor or satellite broadcast programming vendor expressly references and relies upon a document or documents in asserting a defense or responding to a material allegation, such document or documents shall be included as part of the answer. ( 2 ) An answer to an exclusivity complaint shall provide the defendant's reasons for refusing to sell the subject programming to the complainant. In addition, the defendant may submit its programming contracts covering the area specified in the complaint with its answer to refute allegations concerning the existence of an impermissible exclusive contract. If there are no contracts governing the specified area, the defendant shall so certify in its answer. Any contracts submitted pursuant to this provision may be protected as proprietary pursuant to § 76.9 of this part . ( 3 ) An answer to a discrimination complaint shall state the reasons for any differential in prices, terms or conditions between the complainant and its competitor, and shall specify the particular justification set forth in § 76.1002(b) of this part relied upon in support of the differential. ( i ) When responding to allegations concerning price discrimination, except in cases in which the alleged price differential is de minimis (less than or equal to five cents per subscriber or five percent, whichever is greater), the defendant shall provide documentary evidence to support any argument that the magnitude of the differential is not discriminatory. ( ii ) In cases involving a price differential of less than or equal to five cents per subscriber or five percent, whichever is greater, the answer shall identify the differential as de minimis and state that the defendant is therefore not required to justify the magnitude of the differential. ( iii ) If the defendant believes that the complainant and its competitor are not sufficiently similar, the answer shall set forth the reasons supporting this conclusion, and the defendant may submit an alternative contract for comparison with a similarly situated multichannel video programming distributor that uses the same distribution technology as the competitor selected for comparison by the complainant. The answer shall state the defendant's reasons for any differential between the prices, terms and conditions between the complainant and such similarly situated distributor, and shall specify the particular justifications in § 76.1002(b) of this part relied upon in support of the differential. The defendant shall also provide with its answer written documentary evidence to support its justification of the magnitude of any price differential between the complainant and such similarly situated distributor that is not de minimis. ( 4 ) An answer to a complaint alleging an unreasonable refusal to sell programming shall state the defendant's reasons for refusing to sell to the complainant, or for refusing to sell to the complainant on the same terms and conditions as complainant's competitor, and shall specify why the defendant's actions are not discriminatory. ( f ) Reply. Within fifteen (15) days after service of an answer, unless otherwise directed by the Commission, the complainant may file and serve a reply which shall be responsive to matters contained in the answer and shall not contain new matters. ( g ) Time limit on filing of complaints. Any complaint filed pursuant to this subsection must be filed within one year of the date on which one of the following events occurs: ( 1 ) The satellite cable programming vendor, satellite broadcast programming vendor, or terrestrial cable programming vendor enters into a contract with the complainant that the complainant alleges to violate one or more of the rules contained in this subpart; or ( 2 ) The satellite cable programming vendor, satellite broadcast programming vendor, or terrestrial cable programming vendor offers to sell programming to the complainant pursuant to terms that the complainant alleges to violate one or more of the rules contained in this subpart, and such offer to sell programming is unrelated to any existing contract between the complainant and the satellite cable programming vendor, satellite broadcast programming vendor, or terrestrial cable programming vendor; or ( 3 ) A cable operator, or a satellite cable programming vendor or a satellite broadcast programming vendor has denied or failed to acknowledge a request to purchase or negotiate to purchase satellite cable programming, satellite broadcast programming, or terrestrial cable programming, or a request to amend an existing contract pertaining to such programming pursuant to § 76.1002(f) , allegedly in violation of one or more of the rules contained in this subpart. ( h ) Remedies for violations — ( 1 ) Remedies authorized. Upon completion of such adjudicatory proceeding, the Commission, Commission staff, or Administrative Law Judge shall order appropriate remedies, including, if necessary, the imposition of damages, and/or the establishment of prices, terms, and conditions for the sale of programming to the aggrieved multichannel video programming distributor. Such order shall set forth a timetable for compliance. Such order issued by the Commission or Commission staff shall be effective upon release. See §§ 1.102(b) and 1.103 of this chapter . The effective date of such order issued by the Administrative Law Judge is set forth in § 1.276(d) of this chapter . ( 2 ) Additional sanctions. The remedies provided in paragraph (h)(1) of this section are in addition to and not in lieu of the sanctions available under title V or any other provision of the Communications Act. ( 3 ) Imposition of damages. ( i ) Bifurcation. In all cases in which damages are requested, the Commission may bifurcate the program access violation determination from any damage adjudication. ( ii ) Burden of proof. The burden of proof regarding damages rests with the complainant, who must demonstrate with specificity the damages arising from the program access violation. Requests for damages that grossly overstate the amount of damages may result in a Commission determination that the complainant failed to satisfy its burden of proof to demonstrate with specificity the damages arising from the program access violation. ( iii ) Damages adjudication. ( A ) The Commission may, in its discretion, end adjudication of damages with a written order determining the sufficiency of the damages computation submitted in accordance with paragraph (d)(3)(i) of this section or the damages computation methodology submitted in accordance with paragraph (d)(3)(ii)(D) of this section, modifying such computation or methodology, or requiring the complainant to resubmit such computation or methodology. ( 1 ) Where the Commission issues a written order approving or modifying a damages computation submitted in accordance with paragraph (d)(3)(i) of this section, the defendant shall recompense the complainant as directed therein. ( 2 ) Where the Commission issues a written order approving or modifying a damages computation methodology submitted in accordance with paragraph (d)(3)(ii)(D) of this section, the parties shall negotiate in good faith to reach an agreement on the exact amount of damages pursuant to the Commission-mandated methodology. ( B ) Within thirty days of the issuance of a paragraph (d)(3)(ii)(D) of this section damages methodology order, the parties shall submit jointly to the Commission either: ( 1 ) A statement detailing the parties' agreement as to the amount of damages; ( 2 ) A statement that the parties are continuing to negotiate in good faith and a request that the parties be given an extension of time to continue negotiations; or ( 3 ) A statement detailing the bases for the continuing dispute and the reasons why no agreement can be reached. ( C ) ( 1 ) In cases in which the parties cannot resolve the amount of damages within a reasonable time period, the Commission retains the right to determine the actual amount of damages on its own, or through the procedures described in paragraph (h)(3)(iii)(C)( 2 ) of this section. ( 2 ) Issues concerning the amount of damages may be designated by the Chief, Media Bureau for hearing before, or, if the parties agree, submitted for mediation to, a Commission Administrative Law Judge. ( D ) Interest on the amount of damages awarded will accrue from either the date indicated in the Commission's written order issued pursuant to paragraph (h)(3)(iii)(A)( 1 ) of this section or the date agreed upon by the parties as a result of their negotiations pursuant to paragraph (h)(3)(iii)(A)( 2 ) of this section. Interest shall be computed at applicable rates published by the Internal Revenue Service for tax refunds. ( i ) Alternative dispute resolution. Within 20 days of the close of the pleading cycle, the parties to the program access dispute may voluntarily engage in alternative dispute resolution, including commercial arbitration. The Commission will suspend action on the complaint if both parties agree to use alternative dispute resolution. ( j ) Discovery. In addition to the general pleading and discovery rules contained in § 76.7 , parties to a program access complaint may serve requests for discovery directly on opposing parties, and file a copy of the request with the Commission. The respondent shall have the opportunity to object to any request for documents that are not in its control or relevant to the dispute or protected from disclosure by the attorney-client privilege, the work-product doctrine, or other recognized protections from disclosure. Such request shall be heard, and determination made, by the Commission. Until the objection is ruled upon, the obligation to produce the disputed material is suspended. Any party who fails to timely provide discovery requested by the opposing party to which it has not raised an objection as described above, or who fails to respond to a Commission order for discovery material, may be deemed in default and an order may be entered in accordance with the allegations contained in the complaint, or the complaint may be dismissed with prejudice. ( k ) Protective orders. In addition to the procedures contained in § 76.9 of this part related to the protection of confidential material, the Commission may issue orders to protect the confidentiality of proprietary information required to be produced for resolution of program access complaints. A protective order constitutes both an order of the Commission and an agreement between the party executing the protective order declaration and the party submitting the protected material. The Commission has full authority to fashion appropriate sanctions for violations of its protective orders, including but not limited to suspension or disbarment of attorneys from practice before the Commission, forfeitures, cease and desist orders, and denial of further access to confidential information in Commission proceedings. ( l ) Petitions for temporary standstill. ( 1 ) A program access complainant seeking renewal of an existing programming contract may file a petition along with its complaint requesting a temporary standstill of the price, terms, and other conditions of the existing programming contract pending resolution of the complaint. In addition to the requirements of § 76.7 , the complainant shall have the burden of proof to demonstrate the following in its petition: ( i ) The complainant is likely to prevail on the merits of its complaint; ( ii ) The complainant will suffer irreparable harm absent a stay; ( iii ) Grant of a stay will not substantially harm other interested parties; and ( iv ) The public interest favors grant of a stay. ( 2 ) The defendant cable operator, satellite cable programming vendor or satellite broadcast programming vendor upon which a petition for temporary standstill is served shall answer within ten (10) days of service of the petition, unless otherwise directed by the Commission. ( 3 ) If the Commission grants the temporary standstill, the Commission's decision acting on the complaint will provide for remedies that make the terms of the new agreement between the parties retroactive to the expiration date of the previous programming contract. ( m ) Deadline for Media Bureau action on complaints alleging a denial of programming. For complaints alleging a denial of programming, the Chief, Media Bureau shall release a decision resolving the complaint within six (6) months from the date the complaint is filed. [ 64 FR 6572 , Feb. 10, 1999, as amended at 67 FR 13235 , Mar. 21, 2002; 72 FR 56661 , Oct. 4, 2007; 75 FR 9724 , Mar. 3, 2010; 77 FR 66048 , Oct. 31, 2012; 85 FR 81812 , Dec. 17, 2020] § 76.1004 Applicability of program access rules to common carriers and affiliates. ( a ) Any provision that applies to a cable operator under §§ 76.1000 through 76.1003 shall also apply to a common carrier or its affiliate that provides video programming by any means directly to subscribers. Any such provision that applies to a satellite cable programming vendor in which a cable operator has an attributable interest shall apply to any satellite cable programming vendor in which such common carrier has an attributable interest. For the purposes of this section, two or fewer common officers or directors shall not by itself establish an attributable interest by a common carrier in a satellite cable programming vendor (or its parent company) or a terrestrial cable programming vendor (or its parent company). ( b ) Sections 76.1002(c)(1) through (3) shall be applied to a common carrier or its affiliate that provides video programming by any means directly to subscribers as follows: No common carrier or its affiliate that provides video programming directly to subscribers shall engage in any practice or activity or enter into any understanding or arrangement, including exclusive contracts, with a satellite cable programming vendor or satellite broadcast programming vendor for satellite cable programming or satellite broadcast programming that prevents a multichannel video programming distributor from obtaining such programming from any satellite cable programming vendor in which a common carrier or its affiliate has an attributable interest, or any satellite broadcasting vendor in which a common carrier or its affiliate has an attributable interest for distribution to persons in areas not served by a cable operator as of October 5, 1992. [ 61 FR 18980 , Apr. 30, 1996, as amended at 61 FR 28708 , June 5, 1996; 75 FR 9724 , Mar. 3, 2010; 77 FR 66048 , Oct. 31, 2012] §§ 76.1005-76.1010 [Reserved] Subpart P—Competitive Availability of Navigation Devices Source: 63 FR 38094 , July 15, 1998, unless otherwise noted. § 76.1200 Definitions. As used in this subpart: ( a ) Multichannel video programming system. A distribution system that makes available for purchase, by customers or subscribers, multiple channels of video programming other than an open video system as defined by § 76.1500(a) . Such systems include, but are not limited to, cable television systems, BRS/EBS systems, direct broadcast satellite systems, other systems for providing direct-to-home multichannel video programming via satellite, and satellite master antenna systems. ( b ) Multichannel video programming distributor. A person such as, but not limited to, a cable operator, a BRS/EBS provider, a direct broadcast satellite service, or a television receive-only satellite program distributor, who owns or operates a multichannel video programming system. ( c ) Navigation devices. Devices such as converter boxes, interactive communications equipment, and other equipment used by consumers to access multichannel video programming and other services offered over multichannel video programming systems. ( d ) Affiliate. A person or entity that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person, as defined in the notes accompanying § 76.501 . ( e ) Conditional access. The mechanisms that provide for selective access and denial of specific services and make use of signal security that can prevent a signal from being received except by authorized users. [ 63 FR 38094 , July 15, 1998, as amended at 69 FR 72046 , Dec. 10, 2004] § 76.1201 Rights of subscribers to use or attach navigation devices. No multichannel video programming distributor shall prevent the connection or use of navigation devices to or with its multichannel video programming system, except in those circumstances where electronic or physical harm would be caused by the attachment or operation of such devices or such devices may be used to assist or are intended or designed to assist in the unauthorized receipt of service. § 76.1202 Availability of navigation devices. No multichannel video programming distributor shall by contract, agreement, patent right, intellectual property right or otherwise prevent navigation devices that do not perform conditional access or security functions from being made available to subscribers from retailers, manufacturers, or other vendors that are unaffiliated with such owner or operator, subject to § 76.1209 . § 76.1203 Incidence of harm. A multichannel video programming distributor may restrict the attachment or use of navigation devices with its system in those circumstances where electronic or physical harm would be caused by the attachment or operation of such devices or such devices that assist or are intended or designed to assist in the unauthorized receipt of service. Such restrictions may be accomplished by publishing and providing to subscribers standards and descriptions of devices that may not be used with or attached to its system. Such standards shall foreclose the attachment or use only of such devices as raise reasonable and legitimate concerns of electronic or physical harm or theft of service. In any situation where theft of service or harm occurs or is likely to occur, service may be discontinued. § 76.1204 Availability of equipment performing conditional access or security functions. ( a ) ( 1 ) A multichannel video programming distributor that utilizes Navigation Devices to perform conditional access functions shall make available equipment that incorporates only the conditional access functions of such devices. ( 2 ) The foregoing requirement shall not apply to a multichannel video programming distributor that supports the active use by subscribers of Navigation Devices that: ( i ) Operate throughout the continental United States, and ( ii ) Are available from retail outlets and other vendors throughout the United States that are not affiliated with the owner or operator of the multichannel video programming system. ( b ) Conditional access function equipment made available pursuant to paragraph (a)(1) of this section shall be designed to connect to and function with other Navigation Devices available through the use of a commonly used interface or an interface that conforms to appropriate technical standards promulgated by a national standards organization. ( c ) No multichannel video programming distributor shall by contract, agreement, patent, intellectual property right or otherwise preclude the addition of features or functions to the equipment made available pursuant to this section that are not designed, intended or function to defeat the conditional access controls of such devices or to provide unauthorized access to service. ( d ) Notwithstanding the foregoing, Navigation Devices need not be made available pursuant to this section where: ( 1 ) It is not reasonably feasible to prevent such devices from being used for the unauthorized reception of service; or ( 2 ) It is not reasonably feasible to separate conditional access from other functions without jeopardizing security. ( e ) Paragraphs (a)(1) , (b) , and (c) of this section shall not apply to the provision of any Navigation Device that: ( 1 ) Employs conditional access mechanisms only to access analog video programming; ( 2 ) Is capable only of providing access to analog video programming offered over a multichannel video programming distribution system; and ( 3 ) Does not provide access to any digital transmission of multichannel video programming or any other digital service through any receiving, decoding, conditional access, or other function, including any conversion of digital programming or service to an analog format. [ 81 FR 13997 , Mar. 16, 2016] § 76.1205 Availability of interface information. Technical information concerning interface parameters that are needed to permit navigation devices to operate with multichannel video programming systems shall be provided by the system operator upon request in a timely manner. [ 85 FR 78239 , Dec. 4, 2020] § 76.1206 Equipment sale or lease charge subsidy prohibition. Multichannel video programming distributors offering navigation devices subject to the provisions of § 76.923 for sale or lease directly to subscribers, shall adhere to the standards reflected therein relating to rates for equipment and installation and shall separately state the charges to consumers for such services and equipment. § 76.1207 Waivers. The Commission may waive a regulation adopted under this subpart for a limited time, upon an appropriate showing by a provider of multichannel video programming and other services offered over multichannel video programming systems, or an equipment provider that such a waiver is necessary to assist the development or introduction of a new or improved multichannel video programming or other service offered over multichannel video programming systems, technology, or products. Such waiver requests should be made pursuant to § 76.7 . Such a waiver shall be effective for all service providers and products in the category in which the waiver is granted. § 76.1208 Sunset of regulations. The regulations adopted under this subpart shall cease to apply when the Commission determines that (1) the market for multichannel video distributors is fully competitive; (2) the market for converter boxes, and interactive communications equipment, used in conjunction with that service is fully competitive; and (3) elimination of the regulations would promote competition and the public interest. Any interested party may petition the Commission for such a determination. § 76.1209 Theft of service. Nothing in this subpart shall be construed to authorize or justify any use, manufacture, or importation of equipment that would violate 47 U.S.C. 553 or any other provision of law intended to preclude the unauthorized reception of multichannel video programming service. § 76.1210 Effect on other rules. Nothing in this subpart affects § 64.702(d) of the Commission's regulations or other Commission regulations governing interconnection and competitive provision of customer premises equipment used in connection with basic common carrier communications services. Subpart Q—Regulation of Carriage Agreements Source: 58 FR 60395 , Nov. 16, 1993, unless otherwise noted. § 76.1300 Definitions. As used in this subpart: ( a ) Affiliated. For purposes of this subpart, entities are affiliated if either entity has an attributable interest in the other or if a third party has an attributable interest in both entities. ( b ) Attributable interest. The term “attributable interest” shall be defined by reference to the criteria set forth in Notes 1 through 5 to § 76.501 provided, however, that: ( 1 ) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply; and ( 2 ) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or nonvoting stock or limited partnership equity interests of five (5) percent or more. ( c ) Buying groups. The term “buying group” or “agent,” for purposes of the definition of a multichannel video programming distributor set forth in paragraph (e) of this section, means an entity representing the interests of more than one entity distributing multichannel video programming that: ( 1 ) Agrees to be financially liable for any fees due pursuant to a satellite cable programming, or satellite broadcast programming, contract which it signs as a contracting party as a representative of its members or whose members, as contracting parties, agree to joint and several liability; and ( 2 ) Agrees to uniform billing and standardized contract provisions for individual members; and ( 3 ) Agrees either collectively or individually on reasonable technical quality standards for the individual members of the group. ( d ) Multichannel video programming distributor. The term “multichannel video programming distributor” means an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of video programming. Such entities include, but are not limited to, a cable operator, a BRS/EBS provider, a direct broadcast satellite service, a television receive-only satellite program distributor, and a satellite master antenna television system operator, as well as buying groups or agents of all such entities. ( e ) Video programming vendor. The term “video programming vendor” means a person engaged in the production, creation, or wholesale distribution of video programming for sale. [ 58 FR 60395 , Nov. 16, 1993, as amended at 64 FR 67197 , Dec. 1, 1999; 69 FR 72046 , Dec. 10, 2004] § 76.1301 Prohibited practices. ( a ) Financial interest. No cable operator or other multichannel video programming distributor shall require a financial interest in any program service as a condition for carriage on one or more of such operator's/provider's systems. ( b ) Exclusive rights. No cable operator or other multichannel video programming distributor shall coerce any video programming vendor to provide, or retaliate against such a vendor for failing to provide, exclusive rights against any other multichannel video programming distributor as a condition for carriage on a system. ( c ) Discrimination. No multichannel video programming distributor shall engage in conduct the effect of which is to unreasonably restrain the ability of an unaffiliated video programming vendor to compete fairly by discriminating in video programming distribution on the basis of affiliation or non-affiliation of vendors in the selection, terms, or conditions for carriage of video programming provided by such vendors. § 76.1302 Carriage agreement proceedings. ( a ) Complaints. Any video programming vendor or multichannel video programming distributor aggrieved by conduct that it believes constitute a violation of the regulations set forth in this subpart may commence an adjudicatory proceeding at the Commission to obtain enforcement of the rules through the filing of a complaint. The complaint shall be filed and responded to in accordance with the procedures specified in § 76.7 of this part with the following additions or changes: ( b ) Prefiling notice required. Any aggrieved video programming vendor or multichannel video programming distributor intending to file a complaint under this section must first notify the potential defendant multichannel video programming distributor that it intends to file a complaint with the Commission based on actions alleged to violate one or more of the provisions contained in § 76.1301 of this part . The notice must be sufficiently detailed so that its recipient(s) can determine the specific nature of the potential complaint. The potential complainant must allow a minimum of ten (10) days for the potential defendant(s) to respond before filing a complaint with the Commission. ( c ) Contents of complaint. In addition to the requirements of § 76.7 , a carriage agreement complaint shall contain: ( 1 ) Whether the complainant is a multichannel video programming distributor or video programming vendor, and, in the case of a multichannel video programming distributor, identify the type of multichannel video programming distributor, the address and telephone number of the complainant, what type of multichannel video programming distributor the defendant is, and the address and telephone number of each defendant; ( 2 ) Evidence that supports complainant's belief that the defendant, where necessary, meets the attribution standards for application of the carriage agreement regulations; ( 3 ) The complaint must be accompanied by appropriate evidence demonstrating that the required notification pursuant to paragraph (b) of this section has been made. ( d ) Prima facie case. In order to establish a prima facie case of a violation of § 76.1301 , the complaint must contain evidence of the following: ( 1 ) The complainant is a video programming vendor as defined in section 616(b) of the Communications Act of 1934, as amended, and § 76.1300(e) or a multichannel video programming distributor as defined in section 602(13) of the Communications Act of 1934, as amended, and § 76.1300(d) ; ( 2 ) The defendant is a multichannel video programming distributor as defined in section 602(13) of the Communications Act of 1934, as amended, and § 76.1300(d) ; and ( 3 ) ( i ) Financial interest. In a complaint alleging a violation of § 76.1301(a) , documentary evidence or testimonial evidence (supported by an affidavit from a representative of the complainant) that supports the claim that the defendant required a financial interest in any program service as a condition for carriage on one or more of such defendant's systems. ( ii ) Exclusive rights. In a complaint alleging a violation of § 76.1301(b) , documentary evidence or testimonial evidence (supported by an affidavit from a representative of the complainant) that supports the claim that the defendant coerced a video programming vendor to provide, or retaliated against such a vendor for failing to provide, exclusive rights against any other multichannel video programming distributor as a condition for carriage on a system. ( iii ) Discrimination. In a complaint alleging a violation of § 76.1301(c) : ( A ) Evidence that the conduct alleged has the effect of unreasonably restraining the ability of an unaffiliated video programming vendor to compete fairly; and ( B ) ( 1 ) Documentary evidence or testimonial evidence (supported by an affidavit from a representative of the complainant) that supports the claim that the defendant discriminated in video programming distribution on the basis of affiliation or non-affiliation of vendors in the selection, terms, or conditions for carriage of video programming provided by such vendors; or ( 2 ) ( i ) Evidence that the complainant provides video programming that is similarly situated to video programming provided by a video programming vendor affiliated (as defined in § 76.1300(a) ) with the defendant multichannel video programming distributor, based on a combination of factors, such as genre, ratings, license fee, target audience, target advertisers, target programming, and other factors; and ( ii ) Evidence that the defendant multichannel video programming distributor has treated the video programming provided by the complainant differently than the similarly situated, affiliated video programming described in paragraph (d)(3)(iii)(B)( 2 )( i ) of this section with respect to the selection, terms, or conditions for carriage. ( e ) Answer. ( 1 ) Any multichannel video programming distributor upon which a carriage agreement complaint is served under this section shall answer within sixty (60) days of service of the complaint, unless otherwise directed by the Commission. ( 2 ) The answer shall address the relief requested in the complaint, including legal and documentary support, for such response, and may include an alternative relief proposal without any prejudice to any denials or defenses raised. ( f ) Reply. Within twenty (20) days after service of an answer, unless otherwise directed by the Commission, the complainant may file and serve a reply which shall be responsive to matters contained in the answer and shall not contain new matters. ( g ) Prima facie determination. ( 1 ) Within sixty (60) calendar days after the complainant's reply to the defendant's answer is filed (or the date on which the reply would be due if none is filed), the Chief, Media Bureau shall release a decision determining whether the complainant has established a prima facie case of a violation of § 76.1301 . ( 2 ) The Chief, Media Bureau may toll the sixty (60)-calendar-day deadline under the following circumstances: ( i ) If the complainant and defendant jointly request that the Chief, Media Bureau toll these deadlines in order to pursue settlement discussions or alternative dispute resolution or for any other reason that the complainant and defendant mutually agree justifies tolling; or ( ii ) If complying with the deadline would violate the due process rights of a party or would be inconsistent with fundamental fairness. ( 3 ) A finding that the complainant has established a prima facie case of a violation of § 76.1301 means that the complainant has provided sufficient evidence in its complaint to allow the case to proceed to a ruling on the merits. ( 4 ) If the Chief, Media Bureau finds that the complainant has not established a prima facie case of a violation of § 76.1301 , the Chief, Media Bureau will dismiss the complaint. ( h ) Time limit on filing of complaints. Any complaint filed pursuant to this subsection must be filed within one year of the date on which one of the following events occurs: ( 1 ) The multichannel video programming distributor enters into a contract with a video programming vendor that a party alleges to violate one or more of the rules contained in this section; or ( 2 ) The multichannel video programming distributor offers to carry the video programming vendor's programming pursuant to terms that a party alleges to violate one or more of the rules contained in this section, and such offer to carry programming is unrelated to any existing contract between the complainant and the multichannel video programming distributor; or ( 3 ) In instances where there is no existing contract or an offer for carriage, or in instances where a party seeks renewal of an existing contract, the multichannel video programming distributor has denied or failed to acknowledge a request by a video programming vendor for carriage or to negotiate for carriage of that video programming vendor's programming on defendant's distribution system, allegedly in violation of one or more of the rules contained in this section. ( i ) Deadline for decision on the merits. ( 1 ) ( i ) For program carriage complaints that the Chief, Media Bureau decides on the merits based on the complaint, answer, and reply without discovery, the Chief, Media Bureau shall release a decision on the merits within sixty (60) calendar days after the Chief, Media Bureau's prima facie determination. ( ii ) For program carriage complaints that the Chief, Media Bureau decides on the merits after discovery, the Chief, Media Bureau shall release a decision on the merits within 150 calendar days after the Chief, Media Bureau's prima facie determination. ( iii ) The Chief, Media Bureau may toll these deadlines under the following circumstances: ( A ) If the complainant and defendant jointly request that the Chief, Media Bureau toll these deadlines in order to pursue settlement discussions or alternative dispute resolution or for any other reason that the complainant and defendant mutually agree justifies tolling; or ( B ) If complying with the deadline would violate the due process rights of a party or would be inconsistent with fundamental fairness. ( 2 ) For program carriage complaints that the Chief, Media Bureau refers to an administrative law judge for an initial decision, the deadlines set forth in § 0.341(g) of this chapter apply. ( j ) Remedies for violations— ( 1 ) Remedies authorized. Upon completion of such adjudicatory proceeding, the Commission, Commission staff, or Administrative Law Judge shall order appropriate remedies, including, if necessary, mandatory carriage of a video programming vendor's programming on defendant's video distribution system, or the establishment of prices, terms, and conditions for the carriage of a video programming vendor's programming. Such order shall set forth a timetable for compliance. The effective date of such order issued by the Administrative Law Judge is set forth in § 1.276(d) of this chapter . Such order issued by the Commission or Commission staff shall become effective upon release, see §§ 1.102(b) and 1.103 of this chapter , unless any order of mandatory carriage issued by the staff would require the defendant multichannel video programming distributor to delete existing programming from its system to accommodate carriage of a video programming vendor's programming. In such instances, if the defendant seeks review of the staff decision, the order for carriage of a video programming vendor's programming will not become effective unless and until the decision of the staff is upheld by the Commission. If the Commission upholds the remedy ordered by the staff or Administrative Law Judge in its entirety, the defendant MVPD will be required to carry the video programming vendor's programming for an additional period equal to the time elapsed between the staff or Administrative Law Judge decision and the Commission's ruling, on the terms and conditions approved by the Commission. ( 2 ) Additional sanctions. The remedies provided in paragraph (j)(1) of this section are in addition to and not in lieu of the sanctions available under title V or any other provision of the Communications Act. ( k ) Petitions for temporary standstill. ( 1 ) A program carriage complainant seeking renewal of an existing programming contract may file a petition along with its complaint requesting a temporary standstill of the price, terms, and other conditions of the existing programming contract pending resolution of the complaint. To allow for sufficient time to consider the petition for temporary standstill prior to the expiration of the existing programming contract, the petition for temporary standstill and complaint shall be filed no later than thirty (30) days prior to the expiration of the existing programming contract. In addition to the requirements of § 76.7 , the complainant shall have the burden of proof to demonstrate the following in its petition: ( i ) The complainant is likely to prevail on the merits of its complaint; ( ii ) The complainant will suffer irreparable harm absent a stay; ( iii ) Grant of a stay will not substantially harm other interested parties; and ( iv ) The public interest favors grant of a stay. ( 2 ) The defendant multichannel video programming distributor upon which a petition for temporary standstill is served shall answer within ten (10) days of service of the petition, unless otherwise directed by the Commission. ( 3 ) If the Commission grants the temporary standstill, the adjudicator deciding the case on the merits ( i.e., either the Chief, Media Bureau or an administrative law judge) will provide for remedies that are applied as of the expiration date of the previous programming contract. [ 64 FR 6574 , Feb. 10, 1999, as amended at 76 FR 60673 , Sept. 29, 2011; 85 FR 63185 , Oct. 6, 2020; 85 FR 81812 , Dec. 17, 2020] §§ 76.1303-76.1305 [Reserved] Subpart R—Telecommunications Act Implementation Source: 61 FR 18980 , Apr. 30, 1996, unless otherwise noted. § 76.1400 Purpose. The rules and regulations set forth in this subpart provide procedures for administering certain aspects of cable regulation. These rules and regulations provide guidance for operators, subscribers and franchise authorities with respect to matters that are subject to immediate implementation under governing statutes but require specific regulatory procedures or definitions. § 76.1404 Use of cable facilities by local exchange carriers. ( a ) For purposes of § 76.505(d)(2) , the Commission will determine whether use of a cable operator's facilities by a local exchange carrier is reasonably limited in scope and duration according to the procedures in paragraph (b) of this section. ( b ) Based on the record created by § 76.1617 of the rules, the Commission shall determine whether the local exchange carrier's use of that part of the transmission facilities of a cable system extending from the last multi-use terminal to the premises of the end user is reasonably limited in scope and duration. In making this determination, the Commission will evaluate whether the proposed joint use of cable facilities promotes competition in both services and facilities, and encourages long-term investment in telecommunications infrastructure. [ 65 FR 53617 , Sept. 5, 2000] Subpart S—Open Video Systems Source: 61 FR 28708 , June 5, 1996, unless otherwise noted. § 76.1500 Definitions. ( a ) Open video system. A facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, provided that the Commission has certified that such system complies with this part. ( b ) Open video system operator ( operator ). Any person or group of persons who provides cable service over an open video system and directly or through one or more affiliates owns a significant interest in such open video system, or otherwise controls or is responsible for the management and operation of such an open video system. ( c ) Video programming provider. Any person or group of persons who has the right under the copyright laws to select and contract for carriage of specific video programming on an open video system. ( d ) Activated channels. This term shall have the same meaning as provided in the cable television rules, 47 CFR 76.5(nn) . ( e ) Shared channel. Any channel that carries video programming that is selected by more than one video programming provider and offered to subscribers. ( f ) Cable service. This term shall have the same meaning as provided in the cable television rules, 47 CFR 76.5(ff) . ( g ) Affiliated. For purposes of this subpart, entities are affiliated if either entity has an attributable interest in the other or if a third party has an attributable interest in both entities. ( h ) Attributable Interest. The term “attributable interest” shall be defined by reference to the criteria set forth in Notes 1 through 5 to § 76.501 provided, however, that: ( 1 ) The limited partner and LLC/LLP/RLLP insulation provisions of Note 2(f) shall not apply; and ( 2 ) The provisions of Note 2(a) regarding five (5) percent interests shall include all voting or nonvoting stock or limited partnership equity interests of five (5) percent or more. ( i ) Other terms. Unless otherwise expressly stated, words not defined in this part shall be given their meaning as used in Title 47 of the United States Code, as amended, and, if not defined therein, their meaning as used in Part 47 of the Code of Federal Regulations. [ 61 FR 28708 , June 5, 1996, as amended at 61 FR 43175 , Aug. 21, 1996; 64 FR 67197 , Dec. 1, 1999] § 76.1501 Qualifications to be an open video system operator. Any person may obtain a certification to operate an open video system pursuant to Section 653(a)(1) of the Communications Act, 47 U.S.C. 573(a)(1) , except that an operator of a cable system may not obtain such certification within its cable service area unless it is subject to “effective competition” as defined in Section 623(l)(1) of the Communications Act, 47 U.S.C. 543(l)(1) . The effective competition requirement of the preceding sentence does not apply to a local exchange carrier that is also a cable operator that seeks open video system certification within its cable service area. A cable operator that is not subject to effective competition within its cable service area may file a petition with the Commission, seeking a finding that particular circumstances exist that make it consistent with the public interest, convenience, and necessity to allow the operator to convert its cable system to an open video system. Nothing herein shall be construed to affect the terms of any franchising agreement or other contractual agreement. [ 65 FR 376 , Jan. 5, 2000] § 76.1502 Certification. ( a ) An operator of an open video system must certify to the Commission that it will comply with the Commission's regulations in 47 CFR 76.1503 , 76.1504 , 76.1506(m) , 76.1508 , 76.1509 , and 76.1513 . The Commission must approve such certification prior to the commencement of service at such a point in time that would allow the applicant sufficient time to comply with the Commission's notification requirements. ( b ) Certifications must be verified by an officer or director of the applicant, stating that, to the best of his or her information and belief, the representations made therein are accurate. ( c ) Certifications must be filed on FCC Form 1275 and must include: ( 1 ) The applicant's name, address and telephone number; ( 2 ) A statement of ownership, including all affiliated entities; ( 3 ) If the applicant is a cable operator applying for certification in its cable franchise area, a statement that the applicant is qualified to operate an open video system under Section 76.1501 . ( 4 ) A statement that the applicant agrees to comply and to remain in compliance with each of the Commission's regulations in §§ 76.1503 , 76.1504 , 76.1506(m) , 76.1508 , 76.1509 , and 76.1513 ; ( 5 ) If the applicant is required under 47 CFR 64.903(a) of this chapter to file a cost allocation manual, a statement that the applicant will file changes to its manual at least 60 days before the commencement of service; ( 6 ) A list of the names of the anticipated local communities to be served upon completion of the system; ( 7 ) The anticipated amount and type ( i.e. , analog or digital) of capacity (for switched digital systems, the anticipated number of available channel input ports); and ( 8 ) A statement that the applicant will comply with the Commission's notice and enrollment requirements for unaffiliated video programming providers. ( d ) ( 1 ) All open video system certification applications, including FCC Form 1275 and all attachments, must be filed via electronic mail (email) at the following address: OVS@fcc.gov . The subject line shall read “Open Video System Certification Application.” Open video system certification applications will not be considered properly filed unless filed as described in this paragraph (d) . ( 2 ) On or before the date an FCC Form 1275 is filed with the Commission, the applicant must serve a copy of its filing on all local communities identified pursuant to paragraph (c)(6) of this section and must include a statement informing the local communities of the Commission's requirements in paragraph (e) of this section for filing oppositions and comments. Service by mail is complete upon mailing, but if mailed, the served documents must be postmarked at least 3 days prior to the filing of the FCC Form 1275 with the Commission. ( e ) ( 1 ) Comments or oppositions to a certification must be filed within five calendar days of the Commission's receipt of the certification and must be served on the party that filed the certification. If, after making the necessary calculations, the due date for filing comments falls on a holiday, comments shall be filed on the next business day before noon, unless the nearest business day precedes the fifth calendar day following a filing, in which case the comments will be due on the preceding business day. For example, if the fifth day falls on a Saturday, then the filing would be due on that preceding Friday. However, if the fifth day falls on Sunday, then the filing will be due on the next day, Monday, before noon (or Tuesday, before noon if the Monday is a holiday). ( 2 ) Parties wishing to respond to a FCC Form 1275 filing must submit comments or oppositions via electronic mail (email) at the following address: OVS@fcc.gov . The subject line shall read “Open Video System Certification Application Comments.” Comments and oppositions will not be considered properly filed unless filed as described in this paragraph (e) . ( f ) If the Commission does not disapprove the certification application within ten days after receipt of an applicant's request, the certification application will be deemed approved. If disapproved, the applicant may file a revised certification or refile its original submission with a statement addressing the issues in dispute in accordance with the procedures described in paragraph (d) of this section. Such refilings must be served on any objecting party or parties and on all local communities in which the applicant intends to operate pursuant to instructions in paragraph (d)(2) of this section. The Commission will consider any revised or refiled FCC Form 1275 to be a new proceeding and any party who filed comments regarding the original FCC Form 1275 will have to refile their original comments if they think such comments should be considered in the subsequent proceeding. [ 61 FR 28708 , June 5, 1996, as amended at 61 FR 43175 , Aug. 21, 1996; 62 FR 26238 , May 13, 1997; 63 FR 31934 , June 11, 1998; 65 FR 377 , Jan. 5, 2000; 67 FR 13235 , Mar. 21, 2002; 83 FR 61136 , Nov. 28, 2018] § 76.1503 Carriage of video programming providers on open video systems. ( a ) Non-discrimination principle. Except as otherwise permitted in applicable law or in this part, an operator of an open video system shall not discriminate among video programming providers with regard to carriage on its open video system, and its rates, terms and conditions for such carriage shall be just and reasonable and not unjustly or unreasonably discriminatory. ( b ) Demand for carriage. An operator of an open video system shall solicit and determine the level of demand for carriage on the system among potential video programming providers in a non-discriminatory manner. ( 1 ) Notification. An open video system operator shall file a “Notice of Intent” to establish an open video system, which the Commission will release in a Public Notice. The Notice of Intent must be filed via electronic mail (email) at the following address: OVS@fcc.gov . The subject line shall read “Open Video System Notice of Intent.” An Open Video system notice of intent will not be considered properly filed unless filed as described in this paragraph (b) . This Notice of Intent shall include the following information: ( i ) A heading clearly indicating that the document is a Notice of Intent to establish an open video system; ( ii ) The name, address and telephone number of the open video system operator; ( iii ) A description of the system's projected service area; ( iv ) A description of the system's projected channel capacity, in terms of analog, digital and other type(s) of capacity upon activation of the system; ( v ) A description of the steps a potential video programming provider must follow to seek carriage on the open video system, including the name, address and telephone number of a person to contact for further information; ( vi ) The starting and ending dates of the initial enrollment period for video programming providers; ( vii ) The process for allocating the system's channel capacity, in the event that demand for carriage on the system exceeds the system's capacity; and ( viii ) A certification that the operator has complied with all relevant notification requirements under the Commission's open video system regulations concerning must-carry and retransmission consent ( § 76.1506 ), including a list of all local commercial and non-commercial television stations served, and a certificate of service showing that the Notice of Intent has been served on all local cable franchising authorities entitled to establish requirements concerning the designation of channels for public, educational and governmental use. ( 2 ) Information. An open video system operator shall provide the following information to a video programming provider within five business days of receiving a written request from the provider, unless otherwise included in the Notice of Intent: ( i ) The projected activation date of the open video system. If a system is to be activated in stages, the operator should describe the respective stages and the projected dates on which each stage will be activated; ( ii ) A preliminary carriage rate estimate; ( iii ) The information a video programming provider will be required to provide to qualify as a video programming provider, e.g., creditworthiness; ( iv ) Technical information that is reasonably necessary for potential video programming providers to assess whether to seek capacity on the open video system, including what type of customer premises equipment subscribers will need to receive service; ( v ) Any transmission or reception equipment needed by a video programming provider to interface successfully with the open video system; and ( vi ) The equipment available to facilitate the carriage of unaffiliated video programming and the electronic form(s) that will be accepted for processing and subsequent transmission through the system. ( 3 ) Qualifications of video programming providers. An open video system operator may impose reasonable, non-discriminatory requirements to assure that a potential video programming provider is qualified to obtain capacity on the open video system. ( c ) One-third limit. If carriage demand by video programming providers exceeds the activated channel capacity of the open video system, the operator of the open video system and its affiliated video programming providers may not select the video programming services for carriage on more than one-third of the activated channel capacity on such system. ( 1 ) Measuring capacity. For purposes of this section: ( i ) If an open video system carries both analog and digital signals, an open video system operator shall measure analog and digital activated channel capacity independently; ( ii ) Channels that an open video system is required to carry pursuant to the Commission's regulations concerning public, educational and governmental channels and must-carry channels shall be included in “activated channel capacity” for purposes of calculating the one-third of such capacity on which the open video system operator and its affiliates are allowed to select the video programming for carriage. Such channels shall not be included in the one-third of capacity on which the open video system operator is permitted to select programming where demand for carriage exceeds system capacity; ( iii ) Channels that an open video system operator carries pursuant to the Commission's regulations concerning retransmission consent shall be included in “activated channel capacity” for purposes of calculating the one-third of such capacity on which the open video system operator and its affiliates are allowed to select the video programming for carriage. Such channels shall be included in the one-third of capacity on which the open video system operator is permitted to select programming, where demand for carriage exceeds system capacity, to the extent that the channels are carried as part of the programming service of the operator or its affiliate, subject to paragraph (c)(1)(iv); and ( iv ) Any channel on which shared programming is carried shall be included in “activated channel capacity” for purposes of calculating the one-third of such capacity on which the open video system operator and its affiliates are allowed to select the video programming for carriage. Such channels shall be included in the one-third of capacity on which the open video system operator is permitted to select programming, where demand for carriage exceeds system capacity, to the extent the open video system operator or its affiliate is one of the video programming providers sharing such channel. Note to paragraph ( c )(1)( iv ): For example, if the open video system operator and two unaffiliated video programming providers each carry a programming service that is placed on a shared channel, the shared channel shall count as 0.33 channels against the one-third amount of capacity allocable to the open video system operator, where demand for carriage exceeds system capacity. ( 2 ) Allocating capacity. An operator of an open video system shall allocate activated channel capacity through a fair, open and non-discriminatory process; the process must be insulated from any bias of the open video system operator and verifiable. ( i ) If an open video system carries both analog and digital signals, an open video system operator shall treat analog and digital capacity separately in allocating system capacity. ( ii ) Subsequent changes in capacity or demand. An open video system operator must allocate open capacity, if any, at least once every three years, beginning three years from the date of service commencement. Open capacity shall be allocated in accordance with this section. Open capacity shall include all capacity that becomes available during the course of the three-year period, as well as capacity in excess of one-third of the system's activated channel capacity on which the operator of the open video system or its affiliate selects programming. Note 1 to paragraph ( c )(2)( ii ): An open video system operator will not be required to comply with the regulations contained in this section if there is no open capacity to be allocated at the end of the three year period. Note 2 to paragraph ( c )(2)( ii ): An open video system operator shall be required to accommodate changes in obligations concerning public, educational or governmental channels or must-carry channels in accordance with Sections 611, 614 and 615 of the Communications Act and the regulations contained in this part. Note 3 to paragraph ( c )(2)( ii ): An open video system operator shall be required to comply with the recordkeeping requirements of § 76.1712 . ( iii ) Channel sharing. An open video system operator may carry on only one channel any video programming service that is offered by more than one video programming provider (including the operator's video programming affiliate), provided that subscribers have ready and immediate access to any such programming service. Nothing in this section shall be construed to impair the rights of programming services. Note 1 to paragraph ( c )(2)( iii ): An open video system operator may implement channel sharing only after it becomes apparent that one or more video programming services will be offered by multiple video programming providers. An open video system operator may not select, in advance of any duplication among video programming providers, which programming services shall be placed on shared channels. Note 2 to paragraph ( c )(2)( iii ): Each video programming provider offering a programming service that is carried on a shared channel must have the contractual permission of the video programming service to offer the service to subscribers. The placement of a programming service on a shared channel, however, is not subject to the approval of the video programming service or vendor. Note 3 to paragraph ( c )(2)( iii ): Ready and immediate access in this context means that the channel sharing is “transparent” to subscribers. ( iv ) Open video system operator discretion. Notwithstanding the foregoing, an operator of an open video system may: ( A ) Require video programming providers to request and obtain system capacity in increments of no less than one full-time channel; however, an operator of an open video system may not require video programming providers to obtain capacity in increments of more than one full-time channel; ( B ) Limit video programming providers from selecting the programming on more capacity than the amount of capacity on which the system operator and its affiliates are selecting the programming for carriage; and ( v ) Notwithstanding the general prohibition on an open video system operator's discrimination among video programming providers contained in paragraph (a) of this section, a competing, in-region cable operator or its affiliate(s) that offer cable service to subscribers located in the service area of an open video system shall not be entitled to obtain capacity on such open video system, except where a showing is made that facilities-based competition will not be significantly impeded. ( 3 ) Nothing in this paragraph shall be construed to limit the number of channels that the open video system operator and its affiliates, or another video programming provider, may offer to provide directly to subscribers. Co-packaging is permissible among video programming providers, but may not be a condition of carriage. Video programming providers may freely elect whether to enter into co-packaging arrangements. Note to paragraph ( c )(3): Any video programming provider on an open video system may co-package video programming that is selected by itself, an affiliated video programming provider and/or unaffiliated video programming providers on the system. [ 61 FR 28708 , June 5, 1996, as amended at 61 FR 43176 , Aug. 21, 1996; 62 FR 26239 , May 13, 1997; 65 FR 377 , Jan. 5, 2000; 65 FR 53617 , Sept. 5, 2000; 67 FR 13235 , Mar. 21, 2002; 83 FR 61136 , Nov. 28, 2018] § 76.1504 Rates, terms and conditions for carriage on open video systems. ( a ) Reasonable rate principle. An open video system operator shall set rates, terms, and conditions for carriage that are just and reasonable, and are not unjustly or unreasonably discriminatory. ( b ) Differences in rates. ( 1 ) An open video system operator may charge different rates to different classes of video programming providers, provided that the bases for such differences are not unjust or unreasonably discriminatory. ( 2 ) An open video system operator shall not impose different rates, terms, or conditions based on the content of the programming to be offered by any unaffiliated video programming provider. ( c ) Just and reasonable rate presumption. A strong presumption will apply that carriage rates are just and reasonable for open video system operators where at least one unaffiliated video programming provider, or unaffiliated programming providers as a group, occupy capacity equal to the lesser of one-third of the system capacity or that occupied by the open video system operator and its affiliates, and where any rate complained of is no higher than the average of the rates paid by unaffiliated programmers receiving carriage from the open video system operator. ( d ) Examination of rates. Complaints regarding rates shall be limited to video programming providers that have sought carriage on the open video system. If a video programming provider files a complaint against an open video system operator meeting the above just and reasonable rate presumption, the burden of proof will rest with the complainant. If a complaint is filed against an open video system operator that does not meet the just and reasonable rate presumption, the open video system operator will bear the burden of proof to demonstrate, using the principles set forth below, that the carriage rates subject to the complaint are just and reasonable. ( e ) Determining just and reasonable rates subject to complaints pursuant to the imputed rate approach or other market based approach. Carriage rates subject to complaint shall be found just and reasonable if one of the two following tests are met: ( 1 ) The imputed rate will reflect what the open video system operator, or its affiliate, “pays” for carriage of its own programming. Use of this approach is appropriate in circumstances where the pricing is applicable to a new market entrant (the open video system operator) that will face competition from an existing incumbent provider (the incumbent cable operator), as opposed to circumstances where the pricing is used to establish a rate for an essential input service that is charged to a competing new entrant by an incumbent provider. With respect to new market entrants, an efficient component pricing model will produce rates that encourage market entry. If the carriage rate to an unaffiliated program provider surpasses what an operator earns from carrying its own programming, the rate can be presumed to exceed a just and reasonable level. An open video system operator's price to its subscribers will be determined by several separate costs components. One general category are those costs related to the creative development and production of programming. A second category are costs associated with packaging various programs for the open video system operator's offering. A third category related to the infrastructure or engineering costs identified with building and maintaining the open video system. Contained in each is a profit allowance attributed to the economic value of each component. When an open video system operator provides only carriage through its infrastructure, however, the programming and packaging flows from the independent program provider, who bears the cost. The open video system operator avoids programming and packaging costs, including profits. These avoided costs should not be reflected in the price charged an independent program provider for carriage. The imputed rate also seeks to recognize the loss of subscribers to the open video system operator's programming package resulting from carrying competing programming. Note to paragraph ( e )(1): Examples of specific “avoided costs” include: (1) All amounts paid to studios, syndicators, networks or others, including but not limited to payments for programming and all related rights; (2) Packaging, including marketing and other fees; (3) Talent fees; and (4) A reasonable overhead allowance for affiliated video service support. ( 2 ) An open video system operator can demonstrate that its carriage service rates are just and reasonable through other market based approaches. [ 61 FR 28708 , June 5, 1996, as amended at 61 FR 43176 , Aug. 21, 1996] § 76.1505 Public, educational and governmental access. ( a ) An open video system operator shall be subject to public, educational and governmental access requirements for every cable franchise area with which its system overlaps. ( b ) An open video system operator must ensure that all subscribers receive any public, educational and governmental access channels within the subscribers' franchise area. ( c ) An open video system operator may negotiate with the local cable franchising authority of the jurisdiction(s) which the open video system serves to establish the open video system operator's obligations with respect to public, educational and governmental access channel capacity, services, facilities and equipment. These negotiations may include the local cable operator if the local franchising authority, the open video system operator and the cable operator so desire. ( d ) If an open video system operator and a local franchising authority are unable to reach an agreement regarding the open video system operator's obligations with respect to public, educational and governmental access channel capacity, services, facilities and equipment within the local franchising authority's jurisdiction: ( 1 ) The open video system operator must satisfy the same public, educational and governmental access obligations as the local cable operator by providing the same amount of channel capacity for public, educational and governmental access and by matching the local cable operator's annual financial contributions towards public, educational and governmental access services, facilities and equipment that are actually used for public, educational and governmental access services, facilities and equipment. For in-kind contributions (e.g., cameras, production studios), the open video system operator may satisfy its statutory obligation by negotiating mutually agreeable terms with the local cable operator, so that public, educational and governmental access services to the community is improved or increased. If such terms cannot be agreed upon, the open video system operator must pay the local franchising authority the monetary equivalent of the local cable operator's depreciated in-kind contribution, or, in the case of facilities, the annual amortization value. Any matching contributions provided by the open video system operator must be used to fund activities arising under Section 611 of the Communications Act. ( 2 ) The local franchising authority shall impose the same rules and procedures on an open video system operator as it imposes on the local cable operator with regard to the open video system operator's use of channel capacity designated for public, educational and governmental access use when such capacity is not being used for such purposes. ( 3 ) The local cable operator is required to permit the open video system operator to connect with its public, educational and governmental access channel feeds. The open video system operator and the cable operator may decide how to accomplish this connection, taking into consideration the exact physical and technical circumstances of the cable and open video systems involved. If the cable and open video system operator cannot agree on how to accomplish the connection, the local franchising authority may decide. The local franchising authority may require that the connection occur on government property or on public rights of way. ( 4 ) The costs of connection to the cable operator's public, educational and governmental access channel feed shall be borne by the open video system operator. Such costs shall be counted towards the open video system operator's matching financial contributions set forth in paragraph (d)(4) of this section. ( 5 ) The local franchising authority may not impose public, educational and governmental access obligations on the open video system operator that would exceed those imposed on the local cable operator. ( 6 ) Where there is no existing local cable operator, the open video system operator must make a reasonable amount of channel capacity available for public, educational and governmental use, as well as provide reasonable support for services, facilities and equipment relating to such public, educational and governmental use. If a franchise agreement previously existed in that franchise area, the local franchising authority may elect either to impose the previously existing public, educational and governmental access obligations or determine the open video system operator's public, educational and governmental access obligations by comparison to the franchise agreement for the nearest operating cable system that has a commitment to provide public, educational and governmental access and that serves a franchise area with a similar population size. The local franchising authority shall be permitted to make a similar election every 15 years thereafter. Absent a previous franchise agreement, the open video system operator shall be required to provide channel capacity, services, facilities and equipment relating to public, educational and governmental access equivalent to that prescribed in the franchise agreement(s) for the nearest operating cable system with a commitment to provide public, educational and governmental access and that serves a franchise area with a similar population size. Note to paragraph ( d )(6): This paragraph shall apply, for example, if a cable operator converts its cable system to an open video system under § 76.1501 . ( 7 ) The open video system operator must adjust its system(s) to comply with new public, educational and governmental access obligations imposed by a cable franchise renewal; provided, however, that an open video system operator will not be required to displace other programmers using its open video system to accommodate public, educational and governmental access channels. The open video system operator shall comply with such public, educational and governmental access obligations whenever additional capacity is or becomes available, whether it is due to increased channel capacity or decreased demand for channel capacity. ( 8 ) The open video system operator and/or the local franchising authority may file a complaint with the Commission, pursuant to our dispute resolution procedures set forth in § 76.1514 , if the open video system operator and the local franchising authority cannot agree as to the application of the Commission's rules regarding the open video system operator's public, educational and governmental access obligations under paragraph (d) of this section. ( e ) If an open video system operator maintains an institutional network, as defined in Section 611(f) of the Communications Act, the local franchising authority may require that educational and governmental access channels be designated on that institutional network to the extent such channels are designated on the institutional network of the local cable operator. ( f ) An open video system operator shall not exercise any editorial control over any public, educational, or governmental use of channel capacity provided pursuant to this subsection, provided, however, that any open video system operator may prohibit the use on its system of any channel capacity of any public, educational, or governmental facility for any programming which contains nudity, obscene material, indecent material as defined in § 76.701(g) , or material soliciting or promoting unlawful conduct. For purposes of this section, “material soliciting or promoting unlawful conduct” shall mean material that is otherwise proscribed by law. An open video system operator may require any access user, or access manager or administrator agreeing to assume the responsibility of certifying, to certify that its programming does not contain any of the materials described above and that reasonable efforts will be used to ensure that live programming does not contain such material. [ 61 FR 28708 , June 5, 1996, as amended at 61 FR 43176 , Aug. 21, 1996] § 76.1506 Carriage of television broadcast signals. ( a ) The provisions of Subpart D shall apply to open video systems in accordance with the provisions contained in this subpart. ( b ) For the purposes of this Subpart S, television stations are significantly viewed when they are viewed in households that do not receive television signals from multichannel video programming distributors as follows: ( 1 ) For a full or partial network station—a share of viewing hours of at least 3 percent (total week hours), and a net weekly circulation of at least 25 percent; and ( 2 ) For an independent station—a share of viewing hours of at least 2 percent (total week hours), and a net weekly circulation of at least 5 percent. See § 76.1506(c) . Note to paragraph ( b ): As used in this paragraph, “share of viewing hours” means the total hours that households that do not receive television signals from multichannel video programming distributors viewed the subject station during the week, expressed as a percentage of the total hours these households viewed all stations during the period, and “net weekly circulation” means the number of households that do not receive television signals from multichannel video programming distributors that viewed the station for 5 minutes or more during the entire week, expressed as a percentage of the total households that do not receive television signals from multichannel video programming distributors in the survey area. ( c ) Significantly viewed signals; method to be followed for special showings. Any provision of § 76.54 that refers to a “cable television community” or “cable community or communities” shall apply to an open video system community or communities. Any provision of § 76.54 that refers to “non-cable television homes” shall apply to households that do not receive television signals from multichannel video programming distributors. Any provision of § 76.54 that refers to a “cable television system” shall apply to an open video system. ( d ) Definitions applicable to the must-carry rules. Section 76.55 shall apply to all open video systems in accordance with the provisions contained in this section. Any provision of § 76.55 that refers to a “cable system” shall apply to an open video system. Any provision of § 76.55 that refers to a “cable operator” shall apply to an open video system operator. Any provision of § 76.55 that refers to the “principal headend” of a cable system as defined in § 76.5(pp) shall apply to the equivalent of the principal headend of an open video system. Any provision of § 76.55 that refers to a “franchise area” shall apply to the service area of an open video system. The provisions of § 76.55 that permit cable operators to refuse carriage of signals considered distant signals for copyright purposes shall not apply to open video system operators. If an open video system operator cannot limit its distribution of must-carry signals to the local service area of broadcast stations as used in 17 U.S.C. 111(d) , it will be liable for any increase in copyright fees assessed for distant signal carriage under 17 U.S.C. 111 . ( e ) Signal carriage obligations. Any provision of § 76.56 that refers to a “cable television system” or “cable system” shall apply to an open video system. Any provision of § 76.56 that refers to a “cable operator” shall apply to an open video system operator. Section 76.56(d)(2) shall apply to open video systems as follows: An open video system operator shall make available to every subscriber of the open video system all qualified local commercial television stations and all qualified non-commercial educational television stations carried in fulfillment of its carriage obligations under this section. ( f ) Channel positioning. Open video system operators shall comply with the provisions of § 76.57 to the closest extent possible. Any provision of § 76.57 that refers to a “cable operator” shall apply to an open video system operator. Any provision of § 76.57 that refers to a “cable system” shall apply to an open video system, except the references to “cable system” in § 76.57(d) which shall apply to an open video system operator. ( g ) Notification. Any provision of §§ 76.1601 , 76.1607 , 76.1617 , or 76.1708(a) (second sentence) that refers to a “cable operator,” “cable system,” or “principal headend” shall apply, respectively, to an open video system operator, to an open video system, or to the equivalent of the principal headend for an open video system. ( h ) Modification of television markets. Any provision of § 76.59 that refers to a “cable system” shall apply to an open video system. Any provision of § 76.59 that refers to a “cable operator” shall apply to an open video system operator. ( i ) Compensation for carriage. Any provision of § 76.60 that refers to a “cable operator” shall apply to an open video system operator. Any provision of § 76.60 that refers to a “cable system” shall apply to an open video system. Any provision of § 76.60 that refers to a “principal headend” shall apply to the equivalent of the principal headend for an open video system. ( j ) Disputes concerning carriage. Any provision of § 76.61 that refers to a “cable operator” shall apply to an open video system operator. Any provision of § 76.61 that refers to a “cable system” shall apply to an open video system. Any provision of § 76.61 that refers to a “principal headend” shall apply to the equivalent of the principal headend for an open video system. ( k ) Manner of carriage. Any provision of § 76.62 that refers to a “cable operator” shall apply to an open video system operator. ( l ) Retransmission consent. Section 76.64 shall apply to open video systems in accordance with the provisions contained in this paragraph. ( 1 ) Any provision of § 76.64 that refers to a “cable system” shall apply to an open video system. Any provision of § 76.64 that refers to a “cable operator” shall apply to an open video system operator. ( 2 ) Must-carry/retransmission consent election notifications shall be sent to the open video system operator. An open video system operator shall make all must-carry/retransmission consent election notifications received available to the appropriate programming providers on its system. ( 3 ) Television broadcast stations are required to make the same election for open video systems and cable systems serving the same geographic area, unless the overlapping open video system is unable to deliver appropriate signals in conformance with the broadcast station's elections for all cable systems serving the same geographic area. ( 4 ) An open video system commencing new operations shall notify all local commercial and noncommercial broadcast stations as required under paragraph (l) of this section on or before the date on which it files with the Commission its Notice of Intent to establish an open video system. ( m ) Exemption from input selector switch rules. Any provision of § 76.70 that refers to a “cable system” or “cable systems” shall apply to an open video system or open video systems. ( n ) Special relief and must-carry complaint procedures. The procedures set forth in § 76.7 shall apply to special relief and must-carry complaints relating to open video systems, and not the procedures set forth in § 76.1514 (Dispute resolution). Any provision of § 76.7 that refers to a “cable television system operator” or “cable operator” shall apply to an open video system operator. Any provision of § 76.7 that refers to a “cable television system” shall apply to an open video system. Any provision of § 76.7 that refers to a “system community unit” shall apply to an open video system or that portion of an open video system that operates or will operate within a separate and distinct community or municipal entity (including unincorporated communities within unincorporated areas and including single, discrete unincorporated areas). [ 61 FR 28708 , June 5, 1996, as amended at 61 FR 43177 , Aug. 21, 1996; 79 FR 63562 , Oct. 24, 2014; 80 FR 5050 , Jan. 30, 2015] § 76.1507 Competitive access to satellite cable programming. ( a ) Any provision that applies to a cable operator under §§ 76.1000 through 76.1003 shall also apply to an operator of an open video system and its affiliate which provides video programming on its open video system, except as limited by paragraph (a) (1)-(3) of this section. Any such provision that applies to a satellite cable programming vendor in which a cable operator has an attributable interest shall also apply to any satellite cable programming vendor in which an open video system operator has an attributable interest, except as limited by paragraph (a) (1)-(3) of this section. ( 1 ) Section 76.1002(c)(1) shall only restrict the conduct of an open video system operator, its affiliate that provides video programming on its open video system and a satellite cable programming vendor in which an open video system operator has an attributable interest, as follows: No open video system operator or its affiliate that provides video programming on its open video system shall engage in any practice or activity or enter into any understanding or arrangement, including exclusive contracts, with a satellite cable programming vendor or satellite broadcast programming vendor for satellite cable programming or satellite broadcast programming that prevents a multichannel video programming distributor from obtaining such programming from any satellite cable programming vendor in which an open video system operator has an attributable interest, or any satellite broadcasting vendor in which an open video system operator has an attributable interest for distribution to person in areas not served by a cable operator as of October 5, 1992. ( 2 ) [Reserved] ( 3 ) Section 76.1002(c)(3)(i) and (ii) shall only restrict the conduct of an open video system operator, its affiliate that provides video programming on its open video system and a satellite cable programming vendor in which an open video system operator has an attributable interest, as follows: No open video system operator shall enter into any subdistribution agreement or arrangement for satellite cable programming or satellite broadcast programming with a satellite cable programming vendor in which an open video system operator has an attributable interest or a satellite broadcast programming vendor in which an open video system operator has an attributable interest for distribution to persons in areas not served by a cable operator as of October 5, 1992 unless such agreement or arrangement complies with the limitations set forth in § 76.1002(c)(3)(ii) . ( b ) No open video system programming provider in which a cable operator has an attributable interest shall engage in any practice or activity or enter into any understanding or arrangement, including exclusive contracts, with a satellite cable programming vendor or satellite broadcast programming vendor for satellite cable programming or satellite broadcast programming that prevents a multichannel video programming distributor from obtaining such programming from any satellite cable programming vendor in which a cable operator has an attributable interest, or any satellite broadcasting vendor in which a cable operator has an attributable interest for distribution to person in areas not served by a cable operator as of October 5, 1992. [ 61 FR 28708 , June 5, 1996, as amended at 77 FR 66048 , Oct. 31, 2012] § 76.1508 Network non-duplication. ( a ) Sections 76.92 through 76.95 shall apply to open video systems in accordance with the provisions contained in this section. ( b ) Any provision of § 76.92 that refers to a “cable community unit” or “community unit” shall apply to an open video system or that portion of an open video system that operates or will operate within a separate and distinct community or municipal entity (including unincorporated communities within unincorporated areas and including single, discrete unincorporated areas). Any provision of § 76.92 that refers to a “cable television community” shall apply to an open video system community. Any provision of § 76.92 that refers to a “cable television system's mandatory signal carriage obligations” shall apply to an open video system's mandatory signal carriage obligations. ( c ) Any provision of § 76.94 that refers to a “cable system operator” or “cable television system operator” shall apply to an open video system operator. Any provision of § 76.94 that refers to a “cable system” or “cable television system” shall apply to an open video system except § 76.94 (e) and (f) which shall apply to an open video system operator. Open video system operators shall make all notifications and information regarding the exercise of network non-duplication rights immediately available to all appropriate video programming provider on the system. An open video system operator shall not be subject to sanctions for any violation of these rules by an unaffiliated program supplier if the operator provided proper notices to the program supplier and subsequently took prompt steps to stop the distribution of the infringing program once it was notified of a violation. ( d ) Any provision of § 76.95 that refers to a “cable system” or a “cable community unit” shall apply to an open video system or that portion of an open video system that operates or will operate within a separate and distinct community or municipal entity (including unincorporated communities within unincorporated areas and including single, discrete unincorporated areas). [ 61 FR 28708 , June 5, 1996, as amended at 83 FR 7630 , Feb. 22, 2018] § 76.1509 Syndicated program exclusivity. ( a ) Sections 76.101 through 76.110 shall apply to open video systems in accordance with the provisions contained in this section. ( b ) Any provision of § 76.101 that refers to a “cable community unit” shall apply to an open video system. ( c ) Any provision of § 76.105 that refers to a “cable system operator” or “cable television system operator” shall apply to an open video system operator. Any provision of § 76.105 that refers to a “cable system” or “cable television system” shall apply to an open video system except § 76.105(c) which shall apply to an open video system operator. Open video system operators shall make all notifications and information regarding exercise of syndicated program exclusivity rights immediately available to all appropriate video programming provider on the system. An open video system operator shall not be subject to sanctions for any violation of the rules in §§ 76.101 through 76.110 by an unaffiliated program supplier if the operator provided proper notices to the program supplier and subsequently took prompt steps to stop the distribution of the infringing program once it was notified of a violation. ( d ) Any provision of § 76.106 that refers to a “cable community” shall apply to an open video system community. Any provision of § 76.106 that refers to a “cable community unit” or “community unit” shall apply to an open video system or that portion of an open video system that operates or will operate within a separate and distinct community or municipal entity (including unincorporated communities within unincorporated areas and including single, discrete unincorporated areas). Any provision of §§ 76.106 through 76.108 that refers to a “cable system” shall apply to an open video system. ( e ) Any provision of § 76.109 that refers to “cable television” or a “cable system” shall apply to an open video system. ( f ) Any provision of § 76.110 that refers to a “community unit” shall apply to an open video system or that portion of an open video system that is affected by this rule. [ 83 FR 7630 , Feb. 22, 2018] § 76.1510 Application of certain Title VI provisions. The following sections within part 76 shall also apply to open video systems: §§ 76.71 , 76.73 , 76.75 , 76.77 , 76.79 , 76.1702 , and 76.1802 (Equal Employment Opportunity Requirements); §§ 76.503 and 76.504 (ownership restrictions); § 76.981 (negative option billing); and §§ 76.1300 , 76.1301 and 76.1302 (regulation of carriage agreements); § 76.610 (operation in the frequency bands 108-137 and 225-400 MHz—scope of application provided, however, that these sections shall apply to open video systems only to the extent that they do not conflict with this subpart S. Section 631 of the Communications Act (subscriber privacy) shall also apply to open video systems. [ 83 FR 7630 , Feb. 22, 2018] § 76.1511 Fees. An open video system operator may be subject to the payment of fees on the gross revenues of the operator for the provision of cable service imposed by a local franchising authority or other governmental entity, in lieu of the franchise fees permitted under Section 622 of the Communications Act. Local governments shall have the authority to assess and receive the gross revenue fee. Gross revenues under this paragraph means all gross revenues received by an open video system operator or its affiliates, including all revenues received from subscribers and all carriage revenues received from unaffiliated video programming providers. In addition gross revenues under this paragraph includes any advertising revenues received by an open video system operator or its affiliates in connection with the provision of video programming, where such revenues are included in the calculation of the incumbent cable operator's cable franchise fee. Gross revenues does not include revenues collected by unaffiliated video programming providers, such as subscriber or advertising revenues. Any gross revenues fee that the open video system operator or its affiliate collects from subscribers or video programming providers shall be excluded from gross revenues. An operator of an open video system or any programming provider may designate that portion of a subscriber's bill attributable to the fee as a separate item on the bill. An operator of an open video system may recover the gross revenue fee from programming providers on a proportional basis as an element of the carriage rate. [ 61 FR 43177 , Aug. 21, 1996] § 76.1512 Programming information. ( a ) An open video system operator shall not unreasonably discriminate in favor of itself or its affiliates with regard to material or information (including advertising) provided by the operator to subscribers for the purpose of selecting programming on the open video system, or in the way such material or information is provided to subscribers. Note to paragraph ( a ): “Material or information” as used in paragraph (a) of this section means material or information that a subscriber uses to actively select programming at the point of program selection. ( b ) In accordance with paragraph (a) of this section: ( 1 ) An open video system operator shall not discriminate in favor of itself or its affiliate on any navigational device, guide or menu; ( 2 ) An open video system operator shall not omit television broadcast stations or other unaffiliated video programming services carried on the open video system from any navigational device, guide (electronic or paper) or menu; ( 3 ) An open video system operator shall not restrict a video programming provider's ability to use part of the provider's channel capacity to provide an individualized guide or menu to the provider's subscribers; ( 4 ) Where an open video system operator provides no navigational device, guide or menu, its affiliate's navigational device, guide or menu shall be subject to the requirements of Section 653(b)(1)(E) of the Communications Act; ( 5 ) An open video system operator may permit video programming providers, including its affiliate, to develop and use their own navigational devices. If an open video system operator permits video programming providers, including its affiliate, to develop and use their own navigational devices, the operator must create an electronic menu or guide that all video programming providers must carry containing a non-discriminatory listing of programming providers or programming services available on the system and informing the viewer how to obtain additional information on each of the services listed; ( 6 ) An open video system operator must grant access, for programming providers that do not wish to use their own navigational device, to the navigational device used by the open video system operator or its affiliate; and ( 7 ) If an operator provides an electronic guide or menu that complies with paragraph (b)(5) of this section, its programming affiliate may create its own menu or guide without being subject to the requirements of Section 653(b)(1)(E) of the Communications Act. ( c ) An open video system operator shall ensure that video programming providers or copyright holders (or both) are able to suitably and uniquely identify their programming services to subscribers. ( d ) An open video system operator shall transmit programming identification without change or alteration if such identification is transmitted as part of the programming signal. [ 61 FR 28708 , June 5, 1996, as amended at 61 FR 43177 , Aug. 21, 1996] § 76.1513 Open video dispute resolution. ( a ) Complaints. Any party aggrieved by conduct that it believes constitute a violation of the regulations set forth in this part or in section 653 of the Communications Act ( 47 U.S.C. 573 ) may commence an adjudicatory proceeding at the Commission to obtain enforcement of the rules through the filing of a complaint. The Commission shall resolve any such dispute within 180 days after the filing of a complaint. The complaint shall be filed and responded to in accordance with the procedures specified in § 76.7 of this part with the following additions or changes. ( b ) Alternate dispute resolution. An open video system operator may not provide in its carriage contracts with programming providers that any dispute must be submitted to arbitration, mediation, or any other alternative method for dispute resolution prior to submission of a complaint to the Commission. ( c ) Notice required prior to filing of complaint. Any aggrieved party intending to file a complaint under this section must first notify the potential defendant open video system operator that it intends to file a complaint with the Commission based on actions alleged to violate one or more of the provisions contained in this part or in Section 653 of the Communications Act. The notice must be in writing and must be sufficiently detailed so that its recipient(s) can determine the specific nature of the potential complaint. The potential complainant must allow a minimum of ten (10) days for the potential defendant(s) to respond before filing a complaint with the Commission. ( d ) Contents of complaint. In addition to the requirements of § 76.7 of this part , an open video system complaint shall contain: ( 1 ) The type of entity that describes complainant (e.g., individual, private association, partnership, or corporation), the address and telephone number of the complainant, and the address and telephone number of each defendant; ( 2 ) If discrimination in rates, terms, and conditions of carriage is alleged, documentary evidence shall be submitted such as a preliminary carriage rate estimate or a programming contract that demonstrates a differential in price, terms or conditions between complainant and a competing video programming provider or, if no programming contract or preliminary carriage rate estimate is submitted with the complaint, an affidavit signed by an officer of complainant alleging that a differential in price, terms or conditions exists, a description of the nature and extent (if known or reasonably estimated by the complainant) of the differential, together with a statement that defendant refused to provide any further specific comparative information; Note to paragraph ( d )(2): Upon request by a complainant, the preliminary carriage rate estimate shall include a calculation of the average of the carriage rates paid by the unaffiliated video programming providers receiving carriage from the open video system operator, including the information needed for any weighting of the individual carriage rates that the operator has included in the average rate. ( 3 ) If a programming contract or a preliminary carriage rate estimate is submitted with the complaint in support of the alleged violation, specific references to the relevant provisions therein. ( 4 ) The complaint must be accompanied by appropriate evidence demonstrating that the required notification pursuant to paragraph (c) of this section has been made. ( e ) Answer. ( 1 ) Any open video system operator upon which a complaint is served under this section shall answer within thirty (30) days of service of the complaint, unless otherwise directed by the Commission. ( 2 ) An answer to a discrimination complaint shall state the reasons for any differential in prices, terms or conditions between the complainant and its competitor, and shall specify the particular justification relied upon in support of the differential. Any documents or contracts submitted pursuant to this paragraph may be protected as proprietary pursuant to § 76.9 of this part . ( f ) Reply. Within twenty (20) days after service of an answer, the complainant may file and serve a reply which shall be responsive to matters contained in the answer and shall not contain new matters. ( g ) Time limit on filing of complaints. Any complaint filed pursuant to this subsection must be filed within one year of the date on which one of the following events occurs ( 1 ) The open video system operator enters into a contract with the complainant that the complainant alleges to violate one or more of the rules contained in this part; or ( 2 ) The open video system operator offers to carry programming for the complainant pursuant to terms that the complainant alleges to violate one or more of the rules contained in this part, and such offer to carry programming is unrelated to any existing contract between the complainant and the open video system operator; or ( 3 ) An open video system operator has denied or failed to acknowledge a request for such operator to carry the complainant's programming on its open video system, allegedly in violation of one or more of the rules contained in this part. ( h ) Remedies for violations — ( 1 ) Remedies authorized. Upon completion of such adjudicatory proceeding, the Commission, Commission staff, or Administrative Law Judge shall order appropriate remedies, including, if necessary, the requiring carriage, awarding damages to any person denied carriage, or any combination of such sanctions. Such order shall set forth a timetable for compliance. Such order issued by the Commission or Commission staff shall be effective upon release. See §§ 1.102(b) and 1.103 of this chapter . The effective date of such order issued by the Administrative Law Judge is set forth in § 1.276(d) of this chapter . ( 2 ) Additional sanctions. The remedies provided in paragraph (h)(1) of this section are in addition to and not in lieu of the sanctions available under title V or any other provision of the Communications Act. [ 61 FR 28708 , June 5, 1996, as amended at 61 FR 43178 , Aug. 21, 1996; 62 FR 26239 , May 13, 1997; 64 FR 6575 , Feb. 10, 1999; 85 FR 81812 , Dec. 17, 2020] § 76.1514 Bundling of video and local exchange services. An open video system operator may offer video and local exchange services for sale in a single package at a single price, provided that: ( a ) The open video system operator, where it is the incumbent local exchange carrier, may not require that a subscriber purchase its video service in order to receive local exchange service; and ( b ) Any local exchange carrier offering such a package must impute the unbundled tariff rate for the regulated service. [ 61 FR 28708 , June 5, 1996, as amended at 61 FR 43178 , Aug. 21, 1996] Subpart T—Notices Source: 65 FR 53617 , Sept. 5, 2000, unless otherwise noted. § 76.1600 Electronic delivery of notices. ( a ) Except as provided in § 76.1603 for changes that occur due to circumstances outside a cable operator's control, which also may be provided as set forth in 76.1603(b), written information provided by cable operators to subscribers or customers pursuant to §§ 76.1601 , 76.1602 , 76.1603 , 76.1604 , 76.1618 , and 76.1620 of this Subpart T, as well as subscriber privacy notifications required by cable operators, satellite providers, and open video systems pursuant to sections 631, 338(i), and 653 of the Communications Act, may be delivered electronically by email to any subscriber who has not opted out of electronic delivery under paragraph (a)(3) of this section if the entity: ( 1 ) Sends the notice to the subscriber's or customer's verified email address; ( 2 ) Provides either the entirety of the written information or a weblink to the written information in the notice; and ( 3 ) Includes, in the body of the notice, a telephone number that is clearly and prominently presented to subscribers so that it is readily identifiable as an opt-out mechanism that will allow subscribers to continue to receive paper copies of the written material. ( b ) For purposes of this section, a verified email address is defined as: ( 1 ) An email address that the subscriber has provided to the cable operator (and not vice versa) for purposes of receiving communication; ( 2 ) An email address that the subscriber regularly uses to communicate with the cable operator; or ( 3 ) An email address that has been confirmed by the subscriber as an appropriate vehicle for the delivery of notices. ( c ) Cable operators that provide written Subpart T notices via paper copy may provide certain portions of the § 76.1602 annual notices electronically, to any subscriber who has not opted out of electronic delivery under paragraphs (a)(3) or (c)(3) of this section, by prominently displaying the following on the front or first page of the printed annual notice: ( 1 ) A weblink in a form that is short, simple, and easy to remember, leading to written information required to be provided pursuant to § 76.1602(b)(2) , (7) , and (8) ; ( 2 ) A weblink in a form that is short, simple, and easy to remember, leading to written information required to be provided pursuant to § 76.1602(b)(5) ; and ( 3 ) A telephone number that is readily identifiable as an opt-out mechanism that will allow subscribers to continue to receive paper copies of the entire annual notice. ( d ) If the conditions for electronic delivery in paragraphs (a) and (b) of this section are not met, or if a subscriber opts out of electronic delivery, the written material must be delivered by paper copy to the subscriber's physical address. ( e ) After July 31, 2020, written information provided by cable operators to broadcast stations pursuant to §§ 76.64(k) , 76.1601 , 76.1607 , 76.1608 , 76.1609 , and 76.1617 must be delivered electronically to full-power and Class A television stations via email to the email address for carriage-related questions that the station lists in its public file in accordance with §§ 73.3526 and 73.3527 of this title , or in the case of low power television stations and noncommercial educational translator stations that are entitled to such notices, to the licensee's email address (not a contact representative's email address, if different from the licensee's email address) as displayed publicly in the Licensing and Management System (LMS) or the primary station's carriage-related email address if the noncommercial educational translator station does not have its own email address listed in LMS. [ 83 FR 66157 , Dec. 26, 2019, as amended at 85 FR 16005 , Mar. 20, 2020; 85 FR 71854 , Nov. 12, 2020] § 76.1601 Deletion or repositioning of broadcast signals. A cable operator shall provide written notice to any broadcast television station at least 30 days prior to either deleting from carriage or repositioning that station. [ 85 FR 71854 , Nov. 12, 2020] § 76.1602 Customer service—general information. ( a ) A cable franchise authority may enforce the customer service standards set forth in paragraph (b) of this section against cable operators. The franchise authority must provide affected cable operators 90 days written notice of its intent to enforce standards. ( b ) The cable operator shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request: ( 1 ) Products and services offered; ( 2 ) Prices and options for programming services and conditions of subscription to programming and other services; ( 3 ) Installation and service maintenance policies; ( 4 ) Instructions on how to use the cable service; ( 5 ) Channel positions of programming carried on the system; and ( 6 ) Billing and complaint procedures, including the address and telephone number of the local franchise authority's cable office. ( 7 ) Effective May 1, 2011, any assessed fees for rental of navigation devices and single and additional CableCARDs; and, ( 8 ) Effective May 1, 2011, if such provider includes equipment in the price of a bundled offer of one or more services, the fees reasonably allocable to: ( i ) The rental of single and additional CableCARDs; and ( ii ) The rental of operator-supplied navigation devices. ( c ) Subscribers shall be advised of the procedures for resolution of complaints about the quality of the television signal delivered by the cable system operator, including the address of the responsible officer of the local franchising authority. [ 65 FR 53617 , Sept. 5, 2000, as amended at 76 FR 40279 , July 8, 2011; 83 FR 7631 , Feb. 22, 2018] § 76.1603 Customer service—rate and service changes. ( a ) A cable franchise authority may enforce the customer service standards set forth in paragraph (b) of this section against cable operators. The franchise authority must provide affected cable operators 90 days written notice of its intent to enforce standards. ( b ) Cable operators shall provide written notice to subscribers of any changes in rates or services. Notice shall be provided to subscribers at least 30 days in advance of the change, unless the change results from circumstances outside of the cable operator's control (including failed retransmission consent or program carriage negotiations during the last 30 days of a contract), in which case notice shall be provided as soon as possible using any reasonable written means at the operator's sole discretion, including Channel Slates. Notice of rate changes shall include the precise amount of the rate change and explain the reason for the change in readily understandable terms. Notice of changes involving the addition or deletion of channels shall individually identify each channel affected. ( c ) A cable operator not subject to effective competition shall provide 30 days' advance notice to its local franchising authority of any increase proposed in the price to be charged for the basic service tier. ( d ) Notwithstanding any other provision of part 76 of this chapter , a cable operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind imposed by any Federal agency, State, or franchising authority on the transaction between the operator and the subscriber. Note 1 to § 76.1603 : Section 624(h) of the Communications Act, 47 U.S.C. 544(h) , contains additional notification requirements which a franchising authority may enforce. Note 2 to § 76.1603 : Section 624(d)(3) of the Communications Act, 47 U.S.C. 544(d)(3) , contains additional notification provisions pertaining to cable operators who offer a premium channel without charge to cable subscribers who do not subscribe to such premium channel. Note 3 to § 76.1603 : Section 631 of the Communications Act, 47 U.S.C. 551 , contains additional notification requirements pertaining to the protection of subscriber privacy. [ 65 FR 53617 , Sept. 5, 2000, as amended at 66 FR 16554 , Mar. 26, 2001; 77 FR 67302 , Dec. 10, 2012; 85 FR 71854 , Nov. 12, 2020] § 76.1604 Charges for customer service changes. If a cable operator establishes a higher charge for changes effected solely by coded entry on a computer terminal or by other similarly simple methods, as provided in § 76.980(d) , the cable system must notify all subscribers in writing that they may be subject to such a charge for changing service tiers more than the specified number of times in any 12 month period. § 76.1607 Principal headend. A cable operator shall provide written notice to all stations carried on its system pursuant to the must-carry rules in this subpart at least 60 days prior to any change in the designation of its principal headend. Such written notice shall be provided by certified mail, except that after July 31, 2020, notice shall be provided to stations by electronic delivery in accordance with § 76.1600 . [ 85 FR 16006 , Mar. 20, 2020] § 76.1608 System technical integration requiring uniform election of must-carry or retransmission consent status. A cable system that changes its technical configuration in such a way as to integrate two formerly separate cable systems must give 90 days notice of its intention to do so to any television broadcast stations that have elected must-carry status with respect to one system and retransmission consent status with respect to the other. After July 31, 2020, such notice shall be delivered to stations electronically in accordance with § 76.1600 . If the system and the station do not agree on a uniform election 45 days prior to integration, the cable system may require the station to make such a uniform election 30 days prior to integration. [ 85 FR 16006 , Mar. 20, 2020] § 76.1609 Non-duplication and syndicated exclusivity. Within 60 days following the provision of service to 1,000 subscribers, the operator of each such system shall file a notice to that effect with the Commission, and serve a copy of that notice on every television station that would be entitled to exercise network non-duplication protection or syndicated exclusivity protection against it. After July 31, 2020, in lieu of serving paper copies on stations, the operator shall provide the required copies to stations by electronic delivery in accordance with § 76.1600 . [ 85 FR 16006 , Mar. 20, 2020] § 76.1610 Change of operational information. The Operator shall inform the Commission on FCC Form 324 whenever there is a change of cable television system operator; change of legal name, change of the operator's mailing address or FCC Registration Number (FRN); or change in the operational status of a cable television system. Notification must be done within 30 days from the date the change occurs and must include the following information, as appropriate: ( a ) The legal name of the operator and whether the operator is an individual, private association, partnership, corporation, or government entity. See § 76.5(cc) . If the operator is a partnership, the legal name of the partner responsible for communications with the Commission shall be supplied; ( b ) The assumed name (if any) used for doing business in each community; ( c ) The physical address, including zip code, and e-mail address, if applicable, to which all communications are to be directed; ( d ) The nature of the operational status change (e.g., operation terminated, merged with another system, inactive, deleted, etc.); ( e ) The names and FCC identifiers (e.g., CA 0001) of the system communities affected. Note 1 to § 76.1610 : FCC system community identifiers are routinely assigned upon registration. They have been assigned to all reported system communities based on previous Form 325 data. If a system community in operation prior to March 31, 1972, has not previously been assigned a system community identifier, the operator shall provide the following information in lieu of the identifier: Community Name, Community Type ( i.e. , incorporated town, unincorporated settlement, etc.), County Name, State, Operator Legal Name, Operator Assumed Name for Doing Business in the Community, Operator Mail Address, and Year and Month service was first provided by the physical system. [ 65 FR 53617 , Sept. 5, 2000, as amended at 66 FR 47897 , Sept. 14, 2001; 68 FR 27003 , May 19, 2003; 83 FR 7631 , Feb. 22, 2018] § 76.1611 Political cable rates and classes of time. If a system permits a candidate to use its cablecast facilities, the system shall disclose to all candidates information about rates, terms, conditions and all value-enhancing discount privileges offered to commercial advertisers. Systems may use reasonable discretion in making the disclosure; provided, however, that the disclosure includes, at a minimum, the following information: ( a ) A description and definition of each class of time available to commercial advertisers sufficiently complete enough to allow candidates to identify and understand what specific attributes differentiate each class; ( b ) A description of the lowest unit charge and related privileges (such as priorities against preemption and make goods prior to specific deadlines) for each class of time offered to commercial advertisers; ( c ) A description of the system's method of selling preemptible time based upon advertiser demand, commonly known as the “current selling level,” with the stipulation that candidates will be able to purchase at these demand-generated rates in the same manner as commercial advertisers; ( d ) An approximation of the likelihood of preemption for each kind of preemptible time; and ( e ) An explanation of the system's sales practices, if any, that are based on audience delivery, with the stipulation that candidates will be able to purchase this kind of time, if available to commercial advertisers. § 76.1614 Identification of must-carry signals. A cable operator shall respond in writing within 30 days to any written request by any person for the identification of the signals carried on its system in fulfillment of the must-carry requirements of § 76.56 . The required written response may be delivered by email, if the consumer used email to make the request or complaint directly to the cable operator, or if the consumer specifies email as the preferred delivery method in the request or complaint. [ 83 FR 66158 , Dec. 26, 2018] § 76.1615 Sponsorship identification. ( a ) When a cable television system operator engaged in origination cablecasting presents any matter for which money, service, or other valuable consideration is either directly or indirectly paid or promised to, or charged or accepted by such cable television system operator, the cable television system operator, at the time of the cablecast, shall announce that such matter is sponsored, paid for, or furnished, either in whole or in part, and by whom or on whose behalf such consideration was supplied: Provided, however, that “service or other valuable consideration” shall not include any service or property furnished either without or at a nominal charge for use on, or in connection with, a cablecast unless it is so furnished in consideration for an identification of any person, product, service, trademark, or brand name beyond an identification reasonably related to the use of such service or property on the cablecast. For the purposes of this section, the term “sponsored” shall be deemed to have the same meaning as “paid for.” In the case of any political advertisement cablecast under this paragraph that concerns candidates for public office, the sponsor shall be identified with letters equal to or greater than four (4) percent of the vertical picture height that air for not less than four (4) seconds. ( b ) Each cable television system operator engaged in origination cablecasting shall exercise reasonable diligence to obtain from employees, and from other persons with whom the system operator deals directly in connection with any matter for cablecasting, information to enable such system operator to make the announcement required by this section. ( c ) In the case of any political origination cablecast matter or any origination cablecast matter involving the discussion of public controversial issues for which any film, record, transcription, talent, script, or other material or service of any kind is furnished, either directly or indirectly, to a cable television system operator as an inducement for cablecasting such matter, an announcement shall be made both at the beginning and conclusion of such cablecast on which such material or service is used that such film, record, transcription, talent, script, or other material or service has been furnished to such cable television system operator in connection with the transmission of such cablecast matter: Provided, however, that in the case of any cablecast of 5 minutes' duration or less, only one such announcement need be made either at the beginning or conclusion of the cablecast. ( d ) The announcement required by this section shall, in addition to stating the fact that the origination cablecasting matter was sponsored, paid for or furnished, fully and fairly disclose the true identity of the person or persons, or corporation, committee, association or other unincorporated group, or other entity by whom or on whose behalf such payment is made or promised, or from whom or on whose behalf such services or other valuable consideration is received, or by whom the material or services referred to in paragraph (c) of this section are furnished. Where an agent or other person or entity contracts or otherwise makes arrangements with a cable television system operator on behalf of another, and such fact is known or by the exercise of reasonable diligence, as specified in paragraph (b) of this section, could be known to the system operator, the announcement shall disclose the identity of the person or persons or entity on whose behalf such agent is acting instead of the name of such agent. ( e ) In the case of an origination cablecast advertising commercial products or services, an announcement stating the sponsor's corporate or trade name, or the name of the sponsor's product, when it is clear that the mention of the name of the product constitutes a sponsorship identification, shall be deemed sufficient for the purposes of this section and only one such announcement need be made at any time during the course of the cablecast. ( f ) The announcement otherwise required by this section is waived with respect to the origination cablecast of “want ad” or classified advertisements sponsored by an individual. The waiver granted in this paragraph shall not extend to a classified advertisement or want ad sponsorship by any form of business enterprise, corporate or otherwise. ( g ) The announcements required by this section are waived with respect to feature motion picture film produced initially and primarily for theatre exhibition. Note to § 76.1615 ( g ): The waiver heretofore granted by the Commission in its Report and Order, adopted November 16, 1960 (FCC 60-1369; 40 FCC 95), continues to apply to programs filmed or recorded on or before June 20, 1963, when § 73.654(e) of this chapter , the predecessor television rule, went into effect. ( h ) Commission interpretations in connection with the provisions of the sponsorship identification rules for the broadcasting services are contained in the Commission's Public Notice, entitled “Applicability of Sponsorship Identification Rules,” dated May 6, 1963 (40 FCC 141), as modified by Public Notice, dated April 21, 1975 (FCC 75-418). Further interpretations are printed in full in various volumes of the Federal Communications Commission Reports. The interpretations made for the broadcasting services are equally applicable to origination cablecasting. § 76.1616 Contracts with local exchange carriers. Within 10 days of final execution of a contract permitting a local exchange carrier to use that part of the transmission facilities of a cable system extending from the last multi-user terminal to the premises of the end use, the parties shall submit a copy of such contract, along with an explanation of how such contract is reasonably limited in scope and duration, to the Commission for review. The parties shall serve a copy of this submission on the local franchising authority, along with a notice of the local franchising authority's right to file comments with the Commission consistent with § 76.7 . § 76.1617 Initial must-carry notice. ( a ) Within 60 days of activation of a cable system, a cable operator must notify all qualified NCE stations of its designated principal headend by certified mail, except that after July 31, 2020, notice shall be provided by electronic delivery in accordance with § 76.1600 . ( b ) Within 60 days of activation of a cable system, a cable operator must notify all local commercial and NCE stations that may not be entitled to carriage because they either: ( 1 ) Fail to meet the standards for delivery of a good quality signal to the cable system's principal headend, or ( 2 ) May cause an increased copyright liability to the cable system. ( c ) Within 60 days of activation of a cable system, a cable operator must send a copy of a list of all broadcast television stations carried by its system and their channel positions to all local commercial and noncommercial television stations, including those not designated as must-carry stations and those not carried on the system. Such written information shall be provided by certified mail, except that after July 31, 2020, such information shall be provided by electronic delivery in accordance with § 76.1600 . [ 65 FR 53617 , Sept. 5, 2000, as amended at 85 FR 16006 , Mar. 20, 2020] § 76.1618 Basic tier availability. A cable operator shall provide written notification to subscribers of the availability of basic tier service to new subscribers at the time of installation. This notification shall include the following information: ( a ) That basic tier service is available; ( b ) The cost per month for basic tier service; ( c ) A list of all services included in the basic service tier. § 76.1619 Information on subscriber bills. ( a ) Effective July 1, 1993, bills must be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. ( b ) In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within 30 days. The required response may be delivered by email, if the consumer used email to make the request or complaint directly to the cable operator, or if the consumer specifies email as the preferred delivery method in the request or complaint. ( c ) A cable franchise authority may enforce the customer service standards set forth in this section against cable operators. The franchise authority must provide affected cable operators 90 days written notice of its intent to enforce standards. [ 65 FR 53617 , Sept. 5, 2000, as amended at 83 FR 66158 , Dec. 26, 2018] § 76.1620 Availability of signals. If a cable operator authorizes subscribers to install additional receiver connections, but does not provide the subscriber with such connections, or with the equipment and materials for such connections, the operator shall notify such subscribers of all broadcast stations carried on the cable system which cannot be viewed via cable without a converter box and shall offer to sell or lease such a converter box to such subscribers. Such notification must be provided by June 2, 1993, and annually thereafter and to each new subscriber upon initial installation. The notice, which may be included in routine billing statements, shall identify the signals that are unavailable without an additional connection, the manner for obtaining such additional connection and instructions for installation. §§ 76.1621-76.1622 [Reserved] Subpart U—Documents to be Maintained for Inspection Source: 65 FR 53621 , Sept. 5, 2000, unless otherwise noted. § 76.1700 Records to be maintained by cable system operators. ( a ) Public inspection file. The following records must be placed in the online public file hosted by the Commission, except as indicated in paragraph (d) of this section. ( 1 ) Political file. All requests for cablecast time made by or on behalf of a candidate for public office and all other information required to be maintained pursuant to § 76.1701 ; ( 2 ) Equal employment opportunity. All EEO materials described in § 76.1702 except for any EEO program annual reports, which the Commission will link to the electronic version of all systems' public inspection files; ( 3 ) Commercial records on children's programs. Sufficient records to verify compliance with § 76.225 in accordance with § 76.1703 ; ( 4 ) [Reserved] ( 5 ) Leased access. If a cable operator adopts and enforces written policy regarding indecent leased access programming, such a policy shall be published in accordance with § 76.1707 ; ( 6 ) Availability of signals. The operator of every cable television system shall maintain a list of all broadcast television stations carried by its system in fulfillment of the must-carry requirements in accordance with § 76.1709 ; ( 7 ) [Reserved] ( 8 ) Sponsorship identification. Whenever sponsorship announcements are omitted pursuant to § 76.1615(f) of Subpart T, the cable television system operator shall maintain a list in accordance with § 76.1715 ; ( 9 ) Compatibility with consumer electronics equipment. Cable system operators generally may not scramble or otherwise encrypt signals carried on the basic service tier. Copies of requests for waivers of this prohibition must be available in the public inspection file in accordance with § 76.630 . ( b ) Information available to the franchisor. These records must be made available by cable system operators to local franchising authorities on reasonable notice and during regular business hours, except as indicated in paragraph (d) of this section. ( 1 ) Proof-of-performance test data. The proof of performance tests shall be made available upon request in accordance with § 76.1704 ; ( 2 ) Complaint resolution. Cable system operators shall establish a process for resolving complaints from subscribers about the quality of the television signal delivered. Aggregate data based upon these complaints shall be made available for inspection in accordance with § 76.1713 . ( c ) Information available to the Commission. These records must be made available by cable system operators to the Commission on reasonable notice and during regular business hours, except as indicated in paragraph (d) of this section. ( 1 ) Proof-of-performance test data. The proof of performance tests shall be made available upon request in accordance with § 76.1704 ; ( 2 ) Signal leakage logs and repair records. Cable operators shall maintain a log showing the date and location of each leakage source in accordance with § 76.1706 ; ( 3 ) Emergency alert system and activations. Every cable system shall keep a record of each test and activation of the Emergency Alert System (EAS). The test is performed pursuant to the procedures and requirements of part 11 of this chapter and the EAS Operating Handbook. The records are kept in accordance with part 11 of this chapter and § 76.1711 ; ( 4 ) Complaint resolution. Cable system operators shall establish a process for resolving complaints from subscribers about the quality of the television signal delivered. Aggregate data based upon these complaints shall be made available for inspection in accordance with § 76.1713 ; ( 5 ) Subscriber records and public inspection file. The operator of a cable television system shall make the system, its public inspection file, and its records of subscribers available for inspection upon request in accordance with § 76.1716 . ( d ) Exceptions to the public inspection file requirements. The operator of every cable television system having fewer than 1,000 subscribers is exempt from the online public file and from the public record requirements contained in § 76.1701 (political file); § 76.1702 (EEO records available for public inspection); § 76.1703 (commercial records for children's programming); § 76.1704 (proof-of-performance test data); § 76.1706 (signal leakage logs and repair records); § 76.1714 (Familiarity with FCC rules); and § 76.1715 (sponsorship identification). ( e ) Location of records. For cable television systems exempt from the online public file requirement pursuant to paragraph (d) of this section, public file material that continues to be retained at the system shall be retained in a public inspection file maintained at the office in the community served by the system that the system operator maintains for the ordinary collection of subscriber charges, resolution of subscriber complaints, and other business and, if the system operator does not maintain such an office in the community, at any accessible place in the communities served by the system (such as a public registry for documents or an attorney's office). Public file locations will be open at least during normal business hours and will be conveniently located. The public inspection file shall be available for public inspection at any time during regular business hours for the facility where they are kept. All or part of the public inspection file may be maintained in a computer database, as long as a computer terminal capable of accessing the database is made available, at the location of the file, to members of the public who wish to review the file. ( f ) Links and contact and geographic information. A system must provide a link to the public inspection file hosted on the Commission's website from the home page of its own website, if the system has a website, and provide contact information on its website for a system representative who can assist any person with disabilities with issues related to the content of the public files. A system also is required to include in the online public file the address of the system's local public file, if the system is exempt from the online public file requirement pursuant to paragraph (d) of this section but opts to use it in part while retaining certain documents in the local file that are not available in the Commission's online file, and the name, phone number, and email address of the system's designated contact for questions about the public file. In addition, a system must provide on the online public file a list of the five digit ZIP codes served by the system. To the extent this section refers to the local public inspection file, it refers to the public file of a physical system, which is either maintained at the location described in paragraph (e) of this section or on the Commission's website, depending upon where the documents are required to be maintained under the Commission's rules. ( g ) Reproduction of records. Copies of any material in the public inspection file that is not also available in the Commission's online file shall be available for machine reproduction upon request made in person, provided the requesting party shall pay the reasonable cost of reproduction. Requests for machine copies shall be fulfilled at a location specified by the system operator, within a reasonable period of time, which in no event shall be longer than seven days. The system operator is not required to honor requests made by mail but may do so if it chooses. [ 81 FR 10125 , Feb. 29, 2016, as amended at 82 FR 11412 , Feb. 23, 2017; 83 FR 13683 , Mar. 30, 2018; 84 FR 18409 , May 1, 2019; 85 FR 21078 , Apr. 16, 2020; 85 FR 73429 , Nov. 18, 2020] § 76.1701 Political file. ( a ) Every cable television system operator engaged in origination programming shall maintain, and make available for public inspection, a complete record of a request to purchase cablecast time that: ( 1 ) Is made by or on behalf of a legally qualified candidate for public office; or ( 2 ) Communicates a message relating to any political matter of national importance, including: ( i ) A legally qualified candidate; ( ii ) Any election to Federal office; or ( iii ) A national legislative issue of public importance. ( b ) A record maintained under paragraph (a) shall contain information regarding: ( 1 ) Whether the request to purchase cablecast time is accepted or rejected by the cable television system operator; ( 2 ) The rate charged for the cablecast time; ( 3 ) The date and time on which the communication is aired; ( 4 ) The class of time that is purchased; ( 5 ) The name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to whih the communication refers (as applicable); ( 6 ) In the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and ( 7 ) In the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. ( c ) When free time is provided for use by or on behalf of candidates, a record of the free time provided shall be placed in the political file. ( d ) All records required by this paragraph shall be placed in the political file as soon as possible and shall be retained for a period of two years. As soon as possible means immediately absent unusual circumstances. ( e ) Where origination cablecasting material is a political matter or matter involving the discussion of a controversial issue of public importance and a corporation, committee, association or other unincorporated group, or other entity is paying for or furnishing the matter, the system operator shall, in addition to making the announcement required by § 76.1615 , require that a list of the chief executive officers or members of the executive committee or of the board of directors of the corporation, committee, association or other unincorporated group, or other entity shall be made available for public inspection at the local office of the system. Such lists shall be kept and made available for two years. [ 65 FR 53621 , Sept. 5, 2000, as amended at 83 FR 7631 , Feb. 22, 2018; 87 FR 7755 , Feb. 10, 2022; 87 FR 33441 , June 2, 2022] § 76.1702 Equal employment opportunity. ( a ) Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to § 76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the Commission's online public inspection file(s), maintained on the Commission's database, for each cable system associated with the employment unit. These materials shall be placed in the Commission's online public inspection file annually by the date that the unit's EEO program annual report is due to be filed and shall be retained for a period of five years. A headquarters employment unit file and a file containing a consolidated set of all documents pertaining to the other employment units of a multichannel video programming distributor that operates multiple units shall be maintained in the online public inspection file(s), maintained on the Commission's database, for every cable system associated with the headquarters employment unit. ( b ) The following equal employment opportunity program information shall be included annually in the unit's public file, and on the unit's web site, if it has one, at the time of the filing of its FCC Form 396-C: ( 1 ) A list of all full-time vacancies filled by the multichannel video programming distributor employment unit during the preceding year, identified by job title; ( 2 ) For each such vacancy, the recruitment source(s) utilized to fill the vacancy (including, if applicable, organizations entitled to notification pursuant to § 76.75(b)(1)(ii) of this section, which should be separately identified), identified by name, address, contact person and telephone number; ( 3 ) The recruitment source that referred the hiree for each full-time vacancy during the preceding year; ( 4 ) Data reflecting the total number of persons interviewed for full-time vacancies during the preceding year and the total number of interviewees referred by each recruitment source utilized in connection with such vacancies; and ( 5 ) A list and brief description of the initiatives undertaken pursuant to § 76.75(b)(2) during the preceding year, if applicable. [ 68 FR 693 , Jan. 7, 2003, as amended at 81 FR 10126 , Feb. 29, 2016] § 76.1703 Commercial records on children's programs. Cable operators airing children's programming must maintain records sufficient to verify compliance with § 76.225 and make such records available to the public. Such records must be maintained for a period sufficient to cover the limitations period specified in 47 U.S.C. 503(b)(6)(B) . § 76.1704 Proof-of-performance test data. ( a ) The proof of performance tests required by § 76.601 shall be maintained on file at the operator's local business office for at least five years. The test data shall be made available for inspection by the Commission or the local franchiser, upon request. ( b ) The provisions of paragraph (a) of this section shall not apply to any cable television system having fewer than 1,000 subscribers, subject to the requirements of § 76.601(d) . Note to § 76.1704 : If a signal leakage log is being used to meet proof of performance test recordkeeping requirements in accordance with § 76.601 , such a log must be retained for the period specified in § 76.601(d) . § 76.1705 [Reserved] § 76.1706 Signal leakage logs and repair records. Cable operators shall maintain a log showing the date and location of each leakage source identified pursuant to § 76.614 , the date on which the leakage was repaired, and the probable cause of the leakage. The log shall be kept on file for a period of two years and shall be made available to authorized representatives of the Commission upon request. Note to § 76.1705 : If a signal leakage log is being used to meet proof of performance test recordkeeping requirements in accordance with § 76.601 , such a log must be retained for the period specified in § 76.601(d) . § 76.1707 Leased access. If a cable operator adopts and enforces a written policy regarding indecent leased access programming pursuant to § 76.701 , such a policy will be considered published pursuant to that rule by inclusion of the written policy in the operator's public inspection file. § 76.1708 [Reserved] § 76.1709 Availability of signals. ( a ) The operator of every cable television system shall maintain for public inspection a file containing a list of all broadcast television stations carried by its system in fulfillment of the must-carry requirements pursuant to § 76.56 . Such list shall include the call sign, community of license, broadcast channel number, cable channel number, and in the case of a noncommercial educational broadcast station, whether that station was carried by the cable system on March 29, 1990. ( b ) Such records must be maintained in accordance with the provisions of § 76.1700 . ( c ) A cable operator shall respond in writing within 30 days to any written request by any person for the identification of the signals carried on its system in fulfillment of the requirements of § 76.56 . [ 65 FR 53621 , Sept. 5, 2000, as amended at 81 FR 10126 , Feb. 29, 2016] § 76.1711 Emergency alert system (EAS) tests and activation. Every cable system of 1,000 or more subscribers shall keep a record of each test and activation of the Emergency Alert System (EAS) procedures pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook. These records shall be kept for three years. § 76.1712 Open video system (OVS) requests for carriage. An open video system operator shall maintain a file of qualified video programming providers who have requested carriage or additional carriage since the previous allocation of capacity. Information regarding how a video programming provider should apply for carriage must be made available upon request. Note 1 to § 76.1712 : An open video system operator will not be required to comply with the regulations contained in this section if there is no open capacity to be allocated at the end of the three year period described in § 76.1503(c)(2)(ii) . § 76.1713 Complaint resolution. Cable system operators shall establish a process for resolving complaints from subscribers about the quality of the television signal delivered. Aggregate data based upon these complaints shall be made available for inspection by the Commission and franchising authorities, upon request. These records shall be maintained for at least a one-year period. Note 1 to § 76.1713 : Prior to being referred to the Commission, complaints from subscribers about the quality of the television signal delivered must be referred to the local franchising authority and the cable system operator. § 76.1714 Familiarity with FCC rules. ( a ) The operator of a cable television system is expected to be familiar with the rules governing cable television systems and, if subject to the Emergency Alert System (EAS) rules contained in part 11 of this chapter , the EAS rules. Copies of the Commission's rules may be obtained from the Superintendent of Documents, Government Publishing Office, Washington, DC 20401, at nominal cost, or accessed online at https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR . Copies of the EAS Operating Handbook may be accessed online at https://www.fcc.gov/general/eas-test-reporting-system . ( b ) The provisions of paragraph (a) of this section are not applicable to any cable television system serving fewer than 1000 subscribers. ( c ) Both the licensee of a cable television relay station (CARS) and the operator or operators responsible for the proper operation of the station are expected to be familiar with the rules governing cable television relay stations. Copies of the Commission's rules may be obtained from the Superintendent of Documents, Government Publishing Office, Washington, DC 20401, at nominal cost, or accessed online at https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR . [ 65 FR 53621 , Sept. 5, 2000, as amended at 83 FR 13683 , Mar. 30, 2018] § 76.1715 Sponsorship identification. Whenever sponsorship announcements are omitted pursuant to § 76.1615(f) of subpart T, the cable television system operator shall observe the following conditions: ( a ) Maintain a list showing the name, address, and (where available) the telephone number of each advertiser; ( b ) Make this list available to members of the public who have a legitimate interest in obtaining the information contained in the list. § 76.1716 Subscriber records and public inspection file. The operator of a cable television system shall make the system, its public inspection file, and its records of subscribers available for inspection upon request by an authorized representative of the Commission at any reasonable hour. § 76.1717 Compliance with technical standards. Each system operator shall be prepared to show, on request by an authorized representative of the Commission or the local franchising authority, that the system does, in fact, comply with the technical standards rules in part 76, subpart K. Subpart V—Reports and Filings Source: 65 FR 53623 , Sept. 5, 2000, unless otherwise noted. § 76.1800 Additional reports and filings. In addition to the reports and filings required by this subpart, cable operators must provide all notifications which are required by § 1.1155 of this chapter (annual regulatory user fees). In addition, all cable systems subject to rate regulation must file FCC rate forms pursuant to the Commission's rate rules contained in subparts N and R of this part . Note 1 to § 76.1800 : Cable operators are required by the Copyright Act to make semi-annual filings of Statements of Account with the Licensing Division of the Copyright Office, Library of Congress, Washington, DC 20557. Note 2 to § 76.1800 : The Commission may require certain financial information to be submitted pursuant to Section 623(g) of the Communications Act, 47 U.S.C. 543(g) . § 76.1801 Registration statement. ( a ) A system community unit shall be authorized to commence operation only after filing with the Commission the following information on FCC Form 322. ( 1 ) The legal name of the operator, entity identification or social security number, and whether the operator is an individual, private association, partnership, or corporation. If the operator is a partnership, the legal name of the partner responsible for communications with the Commission shall be supplied; ( 2 ) The assumed name (if any) used for doing business in the community; ( 3 ) The mailing address, including zip code; e-mail address, if applicable; and telephone number to which communications are to be directed; ( 4 ) The month and year the system began service to subscribers; ( 5 ) The name of the community or area served and the county in which it is located; ( 6 ) The television broadcast signals to be carried which previously have not been certified or registered; and ( 7 ) The FCC Registration Number (FRN). ( b ) Registration statements, FCC Form 322, shall be signed by the operator; by one of the partners, if the operator is a partnership; by an officer, if the operator is a corporation; by a member who is an officer, if the operator is an unincorporated association; or by any duly authorized employee of the operator. ( c ) Registration statements, FCC Form 322, may be signed by the operator's attorney in case of the operator's physical disability or of his absence from the United States. The attorney shall in that event separately set forth the reasons why the registration statement was not signed by the operator. In addition, if any matter is stated on the basis of the attorney's belief only (rather than the attorney's knowledge), the attorney shall separately set forth the reasons for believing that such statements are true. [ 68 FR 27003 , May 19, 2003] § 76.1802 Annual employment report. Each employment unit with six or more full-time employees shall file an annual employment report on FCC Form 395-A with the Commission on or before September 30 of each year. Note to § 76.1802 : Data concerning the gender, race and ethnicity of an employment unit's workforce collected in the annual employment report will be used only for purposes of analyzing industry trends and making reports to Congress. Such data will not be used for the purpose of assessing any aspect of an individual employment unit's compliance with our EEO rules for multi-channel video program distributors. [ 69 FR 34954 , June 23, 2004] § 76.1803 Signal leakage monitoring. MVPDs subject to § 76.611 must submit the results of ground based measurements derived in accordance with § 76.611(a)(1) or airspace measurements derived in accordance with § 76.611(a)(2) , including a description of the method by which compliance with basic signal leakage criteria is achieved and the method of calibrating the measurement equipment. This information shall be provided to the Commission each calendar year via FCC Form 320. [ 68 FR 27003 , May 19, 2003] § 76.1804 Aeronautical frequencies: leakage monitoring (CLI). An MVPD shall notify the Commission before transmitting any digital signal with average power exceeding 10 − 5 watts across a 30 kHz bandwidth in a 2.5 millisecond time period, or for other signal types, any carrier of other signal component with an average power level across a 25 kHz bandwidth in any 160 microsecond time period equal to or greater than 10 − 4 watts at any point in the cable distribution system on any new frequency or frequencies in the aeronautical radio frequency bands (108-137 MHz, 225-400 MHz). The notification shall be made on FCC Form 321. Such notification shall include: ( a ) Legal name and local address of the MVPD; ( b ) The names and FCC identifiers (e.g., CA0001) of the system communities affected, for a cable system, and the name and FCC identifier (e.g., CAB901), for other MVPDs; ( c ) The names and telephone numbers of local system officials who are responsible for compliance with §§ 76.610 through 76.616 and § 76.1803 ; ( d ) Carrier frequency, tolerance, and type of modulation of all carriers in the aeronautical bands at any location in the cable distribution system and the maximum of those average powers measured over a 2.5 kHz bandwidth as described in the introductory paragraph to this rule section; ( e ) The geographical coordinates (in NAD83) of a point near the center of the system, together with the distance (in kilometers) from the designated point to the most remote point of the plant, existing or planned, that defines a circle enclosing the entire plant; ( f ) Certification that the monitoring procedure used is in compliance with § 76.614 or description of the routine monitoring procedure to be used; and ( g ) For MVPDs subject to § 76.611 , the cumulative signal leakage index derived under § 76.611(a)(1) or the results of airspace measurements derived under § 76.611(a)(2) , including a description of the method by which compliance with the basic signal leakage criteria is achieved and the method of calibrating the measurement equipment. ( h ) Aeronautical Frequency Notifications, FCC Form 321, shall be personally signed either electronically or manually by the operator; by one of the partners, if the operator is a partnership; by an officer, if the operator is a corporation; by a member who is an officer, if the operator is an unincorporated association; or by any duly authorized employee of the operator. ( i ) Aeronautical Frequency Notifications, FCC Form 321, may be signed by the operator's attorney in case of the operator's physical disability or of his absence from the United States. The attorney shall in that event separately set forth the reasons why the FCC Form 321 was not signed by the operator. In addition, if any matter is stated on the basis of the attorney's belief only (rather than the attorney's knowledge), the attorney shall separately set forth the reasons for believing that such statements are true. ( j ) The FCC Registration Number (FRN). [ 68 FR 27003 , May 19, 2003, as amended at 83 FR 7631 , Feb. 22, 2018] § 76.1805 Alternative rate regulation agreements. Small systems owned by small cable companies must file with the Commission a copy of any operative alternative rate regulation agreement entered into with a local franchising authority pursuant to § 76.934(g) , within 30 days after its effective date. Subpart W—Encoding Rules Source: 68 FR 66735 , Nov. 28, 2003, unless otherwise noted. § 76.1901 Applicability. ( a ) Each multi-channel video programming distributor shall comply with the requirements of this subpart. ( b ) This subpart shall not apply to distribution of any content over the Internet, nor to a multichannel video programming distributor's operations via cable modem or DSL. ( c ) With respect to cable system operators, this subpart shall apply only to cable services. This subpart shall not apply to cable modem services, whether or not provided by a cable system operator or affiliate. § 76.1902 Definitions. ( a ) Commercial advertising messages shall mean, with respect to any service, program, or schedule or group of programs, commercial advertising messages other than: ( 1 ) Advertising relating to such service itself or the programming contained therein, ( 2 ) Interstitial programming relating to such service itself or the programming contained therein, or ( 3 ) Any advertising which is displayed concurrently with the display of any part of such program(s), including but not limited to “bugs,” “frames” and “banners.” ( b ) Commercial audiovisual content shall mean works that consist of a series of related images which are intrinsically intended to be shown by the use of machines, or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied, transmitted by a covered entity and that are: ( 1 ) Not created by the user of a covered product, and ( 2 ) Offered for transmission, either generally or on demand, to subscribers or purchasers or the public at large or otherwise for commercial purposes, not uniquely to an individual or a small, private group. ( c ) Commercially adopted access control method shall mean any commercially adopted access control method including digitally controlled analog scrambling systems, whether now or hereafter in commercial use. ( d ) Copy never shall mean, with respect to commercial audiovisual content, the encoding of such content so as to signal that such content may not to be copied by a covered product. ( e ) Copy one generation shall mean, with respect to commercial audiovisual content, the encoding of such content so as to permit a first generation of copies to be made by a covered product but not copies of such first generation of copies. ( f ) Copy no more shall mean, with respect to commercial audiovisual content, the encoding of such content so as to reflect that such content is a first generation copy of content encoded as copy one generation and no further copies are permitted. ( g ) Covered product shall mean a device used by consumers to access commercial audiovisual content offered by a covered entity (excluding delivery via cable modem or the Internet); and any device to which commercial audiovisual content so delivered from such covered product may be passed, directly or indirectly. ( h ) Covered entity shall mean any entity that is subject to this subpart. ( i ) Defined business model shall mean video-on-demand, pay-per view, pay television transmission, non-premium subscription television, free conditional access delivery and unencrypted broadcast television. ( j ) Encode shall mean, in the transmission of commercial audiovisual content, to pass, attach, embed, or otherwise apply to, associate with, or allow to persist in or remain associated with such content, data or information which when read or responded to in a covered device has the effect of preventing, pausing, or limiting copying, or constraining the resolution of a program when output from the covered device. ( k ) Encoding rules shall mean the requirements or prohibitions describing or limiting encoding of audiovisual content as set forth in this subpart. ( l ) Free conditional access delivery shall mean a delivery of a service, program, or schedule or group of programs via a commercially-adopted access control method, where viewers are not charged any fee (other than government-mandated fees) for the reception or viewing of the programming contained therein, other than unencrypted broadcast television. ( m ) Non-premium subscription television shall mean a service, or schedule or group of programs (which may be offered for sale together with other services, or schedule or group of programs), for which subscribers are charged a subscription fee for the reception or viewing of the programming contained therein, other than pay television, subscription-on-demand and unencrypted broadcast television. By way of example, “basic cable service” and “extended basic cable service” (other than unencrypted broadcast television) are “non-premium subscription television.” ( n ) Pay-per-view shall mean a delivery of a single program or a specified group of programs, as to which each such single program is generally uninterrupted by commercial advertising messages and for which recipients are charged a separate fee for each program or specified group of programs. The term pay-per-view shall also include delivery of a single program for which multiple start times are made available at time intervals which are less than the running time of such program as a whole. If a given delivery qualifies both as pay-per-view and a pay television transmission, then, for purposes of this subpart, such delivery shall be deemed pay-per-view rather than a pay television transmission. ( o ) Pay television transmission shall mean a transmission of a service or schedule of programs, as to which each individual program is generally uninterrupted by commercial advertising messages and for which service or schedule of programs subscribing viewers are charged a periodic subscription fee, such as on a monthly basis, for the reception of such programming delivered by such service whether separately or together with other services or programming, during the specified viewing period covered by such fee. If a given delivery qualifies both as a pay television transmission and pay-per-view, video-on-demand, or subscription-on-demand then, for purposes of this subpart, such delivery shall be deemed pay-per-view, video-on-demand or subscription-on-demand rather than a pay television transmission. ( p ) Program shall mean any work of commercial audiovisual content. ( q ) Subscription-on-demand shall mean the delivery of a single program or a specified group of programs for which: ( 1 ) A subscriber is able, at his or her discretion, to select the time for commencement of exhibition thereof, ( 2 ) Where each such single program is generally uninterrupted by commercial advertising messages; and ( 3 ) For which program or specified group of programs subscribing viewers are charged a periodic subscription fee for the reception of programming delivered by such service during the specified viewing period covered by the fee. In the event a given delivery of a program qualifies both as a pay television transmission and subscription-on-demand, then for purposes of this subpart, such delivery shall be deemed subscription-on-demand rather than a pay television transmission. ( r ) Undefined business model shall mean a business model that does not fall within the definition of a defined business model. ( s ) Unencrypted broadcast television means any service, program, or schedule or group of programs, that is a substantially simultaneous retransmission of a broadcast transmission ( i.e., an over-the-air transmission for reception by the general public using radio frequencies allocated for that purpose) that is made by a terrestrial television broadcast station located within the country or territory in which the entity retransmitting such broadcast transmission also is located, where such broadcast transmission is not subject to a commercially-adopted access control method (e.g., is broadcast in the clear to members of the public receiving such broadcasts), regardless of whether such entity subjects such retransmission to an access control method. ( t ) Video-on-demand shall mean a delivery of a single program or a specified group of programs for which: ( 1 ) Each such individual program is generally uninterrupted by commercial advertising messages; ( 2 ) Recipients are charged a separate fee for each such single program or specified group of programs; and ( 3 ) A recipient is able, at his or her discretion, to select the time for commencement of exhibition of such individual program or specified group of programs. In the event a delivery qualifies as both video-on-demand and a pay television transmission, then for purposes of this subpart, such delivery shall be deemed video-on-demand. [ 68 FR 66735 , Nov. 28, 2003, as amended at 69 FR 4082 , Jan. 28, 2004; 76 FR 40280 , July 8, 2011] § 76.1903 Interfaces. A covered entity shall not attach or embed data or information with commercial audiovisual content, or otherwise apply to, associate with, or allow such data to persist in or remain associated with such content, so as to prevent its output through any analog or digital output authorized or permitted under license, law or regulation governing such covered product. § 76.1904 Encoding rules for defined business models. ( a ) Commercial audiovisual content delivered as unencrypted broadcast television shall not be encoded so as to prevent or limit copying thereof by covered products or, to constrain the resolution of the image when output from a covered product. ( b ) Except for a specific determination made by the Commission pursuant to a petition with respect to a defined business model other than unencrypted broadcast television, or an undefined business model subject to the procedures set forth in § 76.1906 : ( 1 ) Commercial audiovisual content shall not be encoded so as to prevent or limit copying thereof except as follows: ( i ) To prevent or limit copying of video-on-demand or pay-per-view transmissions, subject to the requirements of paragraph (b)(2) of this section; and ( ii ) To prevent or limit copying, other than first generation of copies, of pay television transmissions, non-premium subscription television, and free conditional access delivery transmissions; and ( 2 ) With respect to any commercial audiovisual content delivered or transmitted in form of a video-on-demand or pay-per-view transmission, a covered entity shall not encode such content so as to prevent a covered product, without further authorization, from pausing such content up to 90 minutes from initial transmission by the covered entity (e.g., frame-by-frame, minute-by-minute, megabyte by megabyte). § 76.1905 Petitions to modify encoding rules for new services within defined business models. ( a ) The encoding rules for defined business models in § 76.1904 reflect the conventional methods for packaging programs in the MVPD market as of December 31, 2002, and are presumed to be the appropriate rules for defined business models. A covered entity may petition the Commission for approval to allow within a defined business model, other than unencrypted broadcast television, the encoding of a new service in a manner different from the encoding rules set forth in § 76.1904(b)(1) and (2) . No such petition will be approved under the public interest test set forth in paragraph (c)(4) of this section unless the new service differs from existing services provided by any covered entity under the applicable defined business model prior to December 31, 2002. ( b ) Petitions. A petition to encode a new service within a defined business model other than as permitted by the encoding rules set forth in § 76.1904(b)(1) and (2) shall describe: ( 1 ) The defined business model, the new service, and the proposed encoding terms, including the use of copy never and copy one generation encoding, and the encoding of content with respect to “pause” set forth in § 76.1904(b)(2) . ( 2 ) Whether the claimed benefit to consumers of the new service, including, but not limited to, the availability of content in earlier release windows, more favorable terms, innovation or original programming, outweighs the limitation on the consumers' control over the new service; ( 3 ) The ways in which the new service differs from existing services offered by any covered entity within the applicable defined business model prior to December 31, 2002; ( 4 ) All other pertinent facts and considerations relied on to support a determination that grant of the petition would serve the public interest. ( 5 ) Factual allegations shall be supported by affidavit or declaration of a person or persons with actual knowledge of the facts, and exhibits shall be verified by the person who prepares them. ( c ) Petition process — ( 1 ) Public notice. The Commission shall give public notice of any such petition. ( 2 ) Comments. Interested persons may submit comments or oppositions to the petition within thirty (30) days after the date of public notice of the filing of such petition. Comments or oppositions shall be served on the petitioner and on all persons listed in petitioner's certificate of service, and shall contain a detailed full statement of any facts or considerations relied on. Factual allegations shall be supported by affidavit or declaration of a person or persons with actual knowledge of the facts, and exhibits shall be verified by the person who prepares them. ( 3 ) Replies. The petitioner may file a reply to the comments or oppositions within ten (10) days after their submission, which shall be served on all persons who have filed pleadings and shall also contain a detailed full showing, supported by affidavit or declaration, of any additional facts or considerations relied on. There shall be no further pleadings filed after petitioner's reply, unless authorized by the Commission. ( 4 ) Commission determination as to encoding rules for a new service within a defined business model. ( i ) Proceedings initiated by petitions pursuant to this section shall be permit-but-disclose proceedings, unless otherwise specified by the Commission. The covered entity shall have the burden of proof to establish that the proposed change in encoding rules for a new service is in the public interest. In making its determination, the Commission shall take into account the following factors: ( A ) Whether the benefit to consumers of the new service, including but not limited to earlier release windows, more favorable terms, innovation or original programming, outweighs the limitation on the consumers' control over the new service; ( B ) Ways in which the new service differs from existing services offered by any covered entity within the applicable defined business model prior to December 31, 2002; and ( ii ) The Commission may specify other procedures, such as oral argument, evidentiary hearing, or further written submissions directed to particular aspects, as it deems appropriate. ( iii ) A petition may, upon request of the petitioner, be dismissed without prejudice as a matter of right prior to the adoption date of any final action taken by the Commission with respect to the petition. A petitioner's request for the return of a petition will be regarded as a request for dismissal. ( d ) Complaint regarding a new service not subject to petition. In an instance in which an interested party has a substantial basis to believe and does believe in good faith that a new service within a defined business model has been launched without a petition as required by this section, such party may file a complaint pursuant to § 76.7 . § 76.1906 Encoding rules for undefined business models. ( a ) Upon public notice and subject to requirements as set forth herein, a covered entity may launch a program service pursuant to an undefined business model. Subject to Commission review upon complaint, the covered entity may initially encode programs pursuant to such undefined business model without regard to limitations set forth in § 76.1904(b) . ( 1 ) Notice. Concurrent with the launch of an undefined business model by a covered entity, the covered entity shall issue a press release to the PR Newswire so as to provide public notice of the undefined business model, and the proposed encoding terms. The notice shall provide a concise summary of the commercial audiovisual content to be provided pursuant to the undefined business model, and of the terms on which such content is to be available to consumers. Immediately upon request from a party entitled to be a complainant, the covered entity shall make available information that indicates the proposed encoding terms, including the use of copy never or copy one generation encoding, and the encoding of content with respect to “pause” as defined in § 76.1904(b)(2) . ( 2 ) Complaint process. Any interested party (“complainant”) may file a complaint with the Commission objecting to application of encoding as set forth in the notice. ( i ) Pre-complaint resolution. Prior to initiating a complaint with the Commission under this section, the complainant shall notify the covered entity that it may file a complaint under this section. The notice must be sufficiently detailed so that the covered entity can determine the specific nature of the potential complaint. The potential complainant must allow a minimum of thirty (30) days from such notice before filing such complaint with the Commission. During this period the parties shall endeavor in good faith to resolve the issue(s) in dispute. If the parties fail to reach agreement within this 30 day period, complainant may initiate a complaint in accordance with the procedures set forth herein. ( ii ) Complaint. Within two years of publication of a notice under paragraph (a)(1) of this section, a complainant may file a complaint with the Commission objecting to application of the encoding terms to the service at issue. Such complaint shall state with particularity the basis for objection to the encoding terms. ( A ) The complaint shall contain the name and address of the complainant and the name and address of the covered entity. ( B ) The complaint shall be accompanied by a certification of service on the named covered entity. ( C ) The complaint shall set forth with specificity all information and arguments relied upon. Specific factual allegations shall be supported by a declaration of a person or persons with actual knowledge of the facts, and exhibits shall be verified by the person who prepares them. ( D ) The complaint shall set forth attempts made by the complainant to resolve its complaint pursuant to paragraph (a)(2)(i) of this section. ( iii ) Public notice. The Commission shall give public notice of the filing of the complaint. Once the Commission has issued such public notice, any person otherwise entitled to be a complainant shall instead have the status of a person submitting comments under paragraph (a)(2)(iv) of this section rather than a complainant. ( iv ) Comments and reply. ( A ) Any person may submit comments regarding the complaint within thirty (30) days after the date of public notice by the Commission. Comments shall be served on the complainant and the covered entity and on any persons listed in relevant certificates of service, and shall contain a detailed full statement of any facts or considerations relied on. Specific factual allegations shall be supported by a declaration of a person or persons with actual knowledge of the facts, and exhibits shall be verified by the person who prepares them. ( B ) The covered entity may file a response to the complaint and comments within twenty (20) days after the date that comments are due. Such response shall be served on all persons who have filed complaints or comments and shall also contain a detailed full showing, supported by affidavit or declaration, of any additional facts or considerations relied on. Replies shall be due ten (10) days from the date for filing a response. ( v ) Basis for Commission determination as to encoding terms for an undefined business model. In a permit-but-disclose proceeding, unless otherwise specified by the Commission, to determine whether encoding terms as noticed may be applied to an undefined business model, the covered entity shall have the burden of proof to establish that application of the encoding terms in the undefined business model is in the public interest. In making any such determination, the Commission shall take into account the following factors: ( A ) Whether the benefit to consumers of the new service, including but not limited to earlier release windows, more favorable terms, innovation or original programming, outweighs the limitation on the consumers' control over the new service; ( B ) Ways in which the new service differs from services offered by any covered entity prior to December 31, 2002; ( vi ) Determination procedures. The Commission may specify other procedures, such as oral argument, evidentiary hearing, or further written submissions directed to particular aspects, as it deems appropriate. ( b ) Complaint regarding a service not subject to notice. In an instance in which an interested party has a substantial basis to believe and believes in good faith that a service pursuant to an undefined business model has been launched without requisite notice, such party may file a complaint pursuant to § 76.7 . § 76.1907 Temporary bona fide trials. The obligations and procedures as to encoding rules set forth in §§ 76.1904(b) and (c) and 76.1905(a) and (b) do not apply in the case of a temporary bona fide trial of a service. § 76.1908 Certain practices not prohibited. Nothing in this subpart shall be construed as prohibiting a covered entity from: ( a ) Encoding, storing or managing commercial audiovisual content within its distribution system or within a covered product under the control of a covered entity's commercially adopted access control method, provided that the outcome for the consumer from the application of the encoding rules set out in § 76.1904(a) and (b) is unchanged thereby when such commercial audiovisual content is released to consumer control and provided that all other laws, regulations, or licenses applicable to such encoding, storage, or management shall be unaffected by this section, or ( b ) Causing, with respect to a specific covered product, the output of content from such product in a format as necessary to match the display format of another device connected to such product, including but not limited to providing for content conversion between widely-used formats for the transport, processing and display of audiovisual signals or data, such as between analog and digital formats and between PAL and NTSC or RGB and Y,Pb,Pr. [ 68 FR 66735 , Nov. 28, 2003, as amended at 76 FR 40280 , July 8, 2011] § 76.1909 Redistribution control of unencrypted digital terrestrial broadcast content. ( a ) For the purposes of this section, the terms unencrypted digital terrestrial broadcast content, EIT, PMT, broadcast flag, covered demodulator product, and marked content shall have the same meaning as set forth in § 73.9000 of this chapter . ( b ) Encrypted retransmission. Where a multichannel video programming distributor retransmits unencrypted digital terrestrial broadcast content in encrypted form, such distributor shall, upon demodulation of the 8-VSB, 16-VSB, 64-QAM or 256-QAM signal, inspect either the EIT or PMT for the broadcast flag, and if the broadcast flag is present: ( 1 ) Securely and robustly convey that information to the consumer product used to decrypt the distributor's signal information, and ( 2 ) Require that such consumer product, following such decryption, protect the content of such signal as if it were a covered demodulator product receiving marked content. ( c ) Unencrypted retransmission. Where a multichannel video programming distributor retransmits unencrypted digital terrestrial broadcast content in unencrypted form, such distributor shall, upon demodulation: ( 1 ) Preserve the broadcast flag, if present, in both the EIT and PMT; and ( 2 ) Use 8-VSB, 16-VSB, 64-QAM, or 256-QAM signal modulation for the retransmission. ( d ) Unmarked content. Where a multichannel video programming distributor retransmits unencrypted digital terrestrial broadcast content that is not marked with the broadcast flag, the multichannel video programming distributor shall not encode such content to restrict its redistribution. [ 68 FR 67607 , Dec. 3, 2003] Subpart X—Access to MDUs § 76.2000 Exclusive access to multiple dwelling units generally. ( a ) Prohibition. No cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall enforce or execute any provision in a contract that grants to it the exclusive right to provide any video programming service (alone or in combination with other services) to a MDU. All such exclusivity clauses are null and void. ( b ) Prohibition of graduated revenue sharing agreements. No cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall enter into or enforce any contract regarding the provision of communications service in a MDU, written or oral, in which it gives the MDU owner compensation on a graduated basis. ( 1 ) Definition. For purposes of this paragraph (b) , a “graduated basis” means that the compensation a cable operator or other provider of MVPD service subject to 47 U.S.C. 548 pays to a MDU owner for each tenant served increases as the total number of tenants served by the cable operator or other provider of MVPD service subject to 47 U.S.C. 548 in the MDU increases. ( 2 ) Compliance dates — ( i ) Compliance date for new contracts. After April 27, 2022, no cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall enter into any contract regarding the provision of communications service in a MDU, written or oral, in which it gives the MDU owner compensation on a graduated basis. ( ii ) Compliance date for existing contracts. After September 26, 2022, no cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall enforce any contract regarding the provision of communications service in an MDU, written or oral, in existence as of April 27, 2022, in which it gives the MDU owner compensation on a graduated basis. ( c ) Prohibition of exclusive revenue sharing agreements. No cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall enter into or enforce any contract regarding the provision of communications service in a MDU, written or oral, in which it receives the exclusive right to provide the MDU owner compensation in return for access to the MDU and its tenants. ( 1 ) Compliance date for new contracts. After April 27, 2022, no cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall enter into any contract, written or oral, in which it receives the exclusive right to provide the MDU owner compensation in return for access to the MDU and its tenants. ( 2 ) Compliance date for existing contracts. After September 26, 2022, no cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall enforce any contract regarding the provision of communications service in a MDU, written or oral, in existence as of April 27, 2022, in which it receives the exclusive right to provide the MDU owner compensation in return for access to the MDU and its tenants. ( d ) Required disclosure of exclusive marketing arrangements. A cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall disclose the existence of any contract regarding the provision of communications service in a MDU, written or oral, in which it receives the exclusive right to market its service to tenants of a MDU. ( 1 ) Such disclosure must: ( i ) Be included on all written marketing material, whether electronic or in print, that is directed at tenants or prospective tenants of the affected MDU; ( ii ) Identify the existence of the contract and include a plain-language description of the arrangement, including that the provider has the right to exclusively market its communications services to tenants in the MDU, that such a right does not mean that the provider is the only entity that can provide such services to tenants in the MDU, and that service from an alternative provider may be available; and ( iii ) Be made in a manner that it is clear, conspicuous, and legible. ( 2 ) ( i ) Compliance date for new contracts. After August 22, 2022, a cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall disclose the existence of any contract regarding the provision of communications service in a MDU, written or oral, in which it receives the exclusive right to market its service to tenants of an MDU. ( ii ) Compliance date for existing contracts. After September 26, 2022, a cable operator or other provider of MVPD service subject to 47 U.S.C. 548 shall disclose the existence of any contract regarding the provision of communications service in a MDU, written or oral, in which it receives the exclusive right to market its service to tenants of an MDU. ( e ) Definition. For purposes of this rule, MDU shall include a multiple dwelling unit building (such as an apartment building, condominium building or cooperative) and any other centrally managed residential real estate development (such as a gated community, mobile home park, or garden apartment); provided however, that MDU shall not include time share units, academic campuses and dormitories, military bases, hotels, rooming houses, prisons, jails, halfway houses, hospitals, nursing homes or other assisted living facilities. [ 73 FR 1089 , Jan. 7, 2008, as amended at 87 FR 17194 , Mar. 28, 2022; 87 FR 51269 , Aug. 22, 2022] Alphabetical Index—Part 76 A A and B grade contours 76.5 Access, Channel enforcement 76.10 Address, operator or status change reports 76.400 Aeronautical and marine emergency frequencies, Operation near 76.616 Aeronautical band usage, Notification requirements 76.615 Authority, Special temporary 76.29 B B and A grade contours 76.5 Boundaries, TV markets 76.53 Broadcast, Sports 76.67 Broadcast station, TV 76.5 C Cable TV channel: Classes I, II, III, IV 76.5 Cablecasting 76.5 CATV basic signal leakage performance criteria 76.611 CATV system 76.5 CATV system interference 76.613 Candidates for public office, Cablecast by 76.205 Carriage disputes 76.58 Carriage, mandatory, Expiration of 76.64 Carriage, Manner of 76.62 Carriage of other TV signals 76.60 Carriage of TV stations, Mandatory 76.56 Carriage of TV stations, Mandatory, Exemption from 76.70 Channel access enforcement 76.10 Communities, Designated 76.51 Community, Principal contour 76.5 Community unit 76.5 Consumer education-selector switches 76.66 Cross-ownership 76.501 D Definitions, Part 76 76.5 Designated communities 76.51 Dismissal: Special relief petitions 76.8 Disputes concerning carriage 76.58 Doctrine, Fairness 76.209 E Editorials, Political 76.209 Enforcement, Channel access 76.10 Enforcement, Lockbox 76.11 Equal employment opportunity— Scope 76.71 General Policy 76.73 Program requirements 76.75 Reporting requirements 76.77 Public inspection of records 76.79 Exceptions, to rules provisions— Network program nonduplication 76.95 Signal leakage performance criteria 76.618 Frequency separation standards 76.618 F Fairness doctrine 76.209 File, Public inspection 76.305 Forfeitures 76.9 Forms, Report 76.403 Frequency bands 108-136; 225-400 MHz, Operation in 76.610 Frequency separation standards 76.612 Frequency separation standards, Exception to 76.618 Full network station 76.5 G Grandfathering, exceptions to rules provisions— Non-network program exclusivity 76.99 Non-applicability of §§ 76.611 and 76.612 76.618 Operation in frequency bands 108-136; 225-400 mHz 76.619 H-I Identification Sponsorship; list retention 76.221 Independent station 76.5 Input selector switches 76.66 Input selector switches, consumer education 76.66 Input selector switches, Exemption 76.70 Inspection, CATV systems, by FCC 76.307 Interference from CATV system 76.613 Interference, Receiver-generated, Responsibility 76.617 Isolation, Terminal 76.5 J-L Leakage measurements, Signal 76.601 Leakage, Signal, performance criteria 76.611 Leakage, Signal, performance criteria, Exception 76.618 List retention, Sponsorship identification 76.221 Lockbox enforcement 76.11 Lotteries 76.213 M Mandatory carriage of TV stations 76.56 Mandatory carriage of TV stations, Exemption from 76.70 Manner of carriage 76.62 Marine and aeronautical emergency frequencies, Operation near 76.716 Major TV markets 76.51 Market size operation provisions— Measurements, Performance 76.609 Measurements, Signal leakage 76.601 Monitoring, CATV system 76.614 Must carry requirements 76.55, 76.59, 76.61, 76.64 N Network nonduplication: protection extent 76.94 Network nonduplication waivers 76.97 Network program nonduplication: Exceptions 76.95 Network program nonduplication: Notification 76.94 Network programming 76.5 Network programs: nonduplication protection 76.92 Network station, Full 76.5 Network station, Partial 76.5 Noise, System 76.5 Nonduplication protection, Network programs 76.92 Non-network program exclusivity, exceptions 76.99 Notification requirements: aeronautical bands 76.615 Notification requirements: network nonduplication 76.94 O Operation in frequency bands 108-136 and 225-400 MHz 76.610 Operator, address or status change reports 76.400 Order, Show cause 76.9 Ownership, Cross 76.501 P Partial network station 76.5 Performance measurements 76.609 Personal attacks: political cablecasts 76.209 Petitions, Dismissal of 76.8 Petitions for waiver 76.7 Political editorials 76.209 Possession of rules 76.301 Prime time 76.5 Program carriages, STV 76.64 Programming, Network 76.5 Protection extent: network nonduplication 76.94 Public inspection file 76.305 Public office, Cablecasts by candidates for 76.205 PURPOSE—Part 76 76.1 Q Qualified TV station, Showing 76.55 R Rate regulation standards 76.33 Receiver generated interference 76.617 Reference points, Major/smaller markets 76.53 Registration statement: signature 76.14 Registration statement 76.12 Relief, Special 76.7 Report forms 76.403 Reports: Change of operator, address, status 76.400 Responsibility for receiver-generated interference 76.617 Rule waiver 76.7 Rules, Possession 76.301 S Selector switches, Input 76.66 Selector switches, input, Exemption 76.70 Show cause order 76.9 Signal leakage measurements 76.601 Signal leakage performance criteria 76.611 Signature: registration statement 76.14 Significantly viewed signals 76.54 Special relief 76.7 Special relief petitions, Dismissal of 76.8 Special temporary authority 76.29 Specified zone, TV station 76.5 Sponsorship identification, List retention 76.221 Sports broadcasts 76.67 Standards for rate regulation 76.33 Standards, Technical 76.605 Station protection: network program nonduplication 76.92 Status, operator or address change reports 76.400 Subscriber terminal 76.5 Subscribers 76.5 System community unit 76.5 System inspection (by FCC) 76.307 System monitoring 76.614 System noise 76.5 T Technical standards 76.605 Terminal isolation 76.5 Terminal, Subscriber 76.5 Tests, Performance 76.601 Translator station, TV 76.5 TV markets, Boundaries of 76.53 TV markets, Major 76.51 TV signals, Carriage non-mandatory 76.60 U-V Vertical blanking interval, Services on 76.64 W Waiver, Network nonduplication 76.97 Waiver, Rules 76.7 X-Y-Z Zone, Specified, of TV station 76.5 [ 50 FR 38536 , Sept. 23, 1985; 50 FR 39114 , Sept. 27, 1985, as amended at 51 FR 34622 , Sept. 30, 1986; 52 FR 37316 , Oct. 6, 1987]
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PART 64—MISCELLANEOUS RULES RELATING TO COMMON CARRIERS Authority: 47 U.S.C. 151 , 152 , 154 , 201 , 202 , 217 , 218 , 220 , 222 , 225 , 226 , 227 , 227b , 228 , 251(a) , 251(e) , 254(k) , 255 , 262 , 276 , 403(b)(2)(B) , (c), 616, 620, 716, 1401-1473, unless otherwise noted; Pub. L. 115-141 , Div. P, sec. 503, 132 Stat. 348, 1091. Source: 28 FR 13239 , Dec. 5, 1963, unless otherwise noted. Subpart A [Reserved] Subpart B—Restrictions on Indecent Telephone Message Services § 64.201 Restrictions on indecent telephone message services. ( a ) It is a defense to prosecution for the provision of indecent communications under section 223(b)(2) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. 223(b)(2) , that the defendant has taken the action set forth in paragraph (a)(1) of this section and, in addition, has complied with the following: Taken one of the actions set forth in paragraphs (a)(2) , (3) , or (4) of this section to restrict access to prohibited communications to persons eighteen years of age or older, and has additionally complied with paragraph (a)(5) of this section, where applicable: ( 1 ) Has notified the common carrier identified in section 223(c)(1) of the Act, in writing, that he or she is providing the kind of service described in section 223(b)(2) of the Act. ( 2 ) Requires payment by credit card before transmission of the message; or ( 3 ) Requires an authorized access or identification code before transmission of the message, and where the defendant has: ( i ) Issued the code by mailing it to the applicant after reasonably ascertaining through receipt of a written application that the applicant is not under eighteen years of age; and ( ii ) Established a procedure to cancel immediately the code of any person upon written, telephonic or other notice to the defendant's business office that such code has been lost, stolen, or used by a person or persons under the age of eighteen, or that such code is no longer desired; or ( 4 ) Scrambles the message using any technique that renders the audio unintelligible and incomprehensible to the calling party unless that party uses a descrambler; and, ( 5 ) Where the defendant is a message sponsor subscriber to mass announcement services tariffed at this Commission and such defendant prior to the transmission of the message has requested in writing to the carrier providing the public announcement service that calls to this message service be subject to billing notification as an adult telephone message service. ( b ) A common carrier within the District of Columbia or within any State, or in interstate or foreign commerce, shall not, to the extent technically feasible, provide access to a communication described in section 223(b) of the Act from the telephone of any subscriber who has not previously requested in writing the carrier to provide access to such communication if the carrier collects from subscribers an identifiable charge for such communication that the carrier remits, in whole or in part, to the provider of such communication. [ 52 FR 17761 , May 12, 1987, as amended at 55 FR 28916 , July 16, 1990] Subpart C [Reserved] Subpart D—Procedures for Handling Priority Services in Emergencies § 64.401 Policies and procedures for provisioning and restoring certain telecommunications services in emergencies. The communications common carrier shall maintain and provision and, if disrupted, restore facilities and services in accordance with policies and procedures set forth in Appendix A to this part. [ 65 FR 48396 , Aug. 8, 2000] § 64.402 Policies and procedures for the provision of Wireless Priority Service by wireless service providers. Wireless service providers that elect to provide Wireless Priority Service to National Security and Emergency Preparedness personnel shall provide Wireless Priority Service in accordance with the policies and procedures set forth in appendix B to this part. [ 87 FR 39784 , July 5, 2022] Subpart E [Reserved] Subpart F—Telecommunications Relay Services and Related Customer Premises Equipment for Persons With Disabilities Authority: 47 U.S.C. 151-154 ; 225, 255, 303(r), 616, and 620. Source: 56 FR 36731 , Aug. 1, 1991, unless otherwise noted. § 64.601 Definitions and provisions of general applicability. ( a ) For purposes of this subpart, the term affiliate is defined in 47 CFR 52.12(a)(1)(i) , and the terms majority and debt are defined in 47 CFR 52.12(a)(1)(ii) . ( 1 ) 711. The abbreviated dialing code for accessing relay services anywhere in the United States. ( 2 ) ACD platform. The hardware and/or software that comprise the essential call center function of call distribution, and that are a necessary core component of internet-based TRS. ( 3 ) American Sign Language (ASL). A visual language based on hand shape, position, movement, and orientation of the hands in relation to each other and the body. ( 4 ) ANI. For 911 systems, the Automatic Number Identification (ANI) identifies the calling party and may be used as the callback number. ( 5 ) At-home CA. A communications assistant (CA) that a video relay service (VRS) provider authorizes to handle VRS calls at a home workstation. ( 6 ) At-home VRS call handling. The handling of VRS calls by a CA at a home workstation. ( 7 ) ASCII. An acronym for American Standard Code for Information Interexchange which employs an eight bit code and can operate at any standard transmission baud rate including 300, 1200, 2400, and higher. ( 8 ) Authorized provider. An iTRS provider that becomes the iTRS user's new default provider, having obtained the user's authorization verified in accordance with the procedures specified in this part. ( 9 ) Baudot. A seven bit code, only five of which are information bits. Baudot is used by some text telephones to communicate with each other at a 45.5 baud rate. 10) Call release. A TRS feature that allows the CA to sign-off or be “released” from the telephone line after the CA has set up a telephone call between the originating TTY caller and a called TTY party, such as when a TTY user must go through a TRS facility to contact another TTY user because the called TTY party can only be reached through a voice-only interface, such as a switchboard. ( 11 ) Carceral point-to-point video service. A point-to-point video service that enables incarcerated people to engage in real-time direct video communication in ASL with another ASL speaker. ( 12 ) Common carrier or carrier. Any common carrier engaged in interstate Communication by wire or radio as defined in section 3(h) of the Communications Act of 1934, as amended (the Act), and any common carrier engaged in intrastate communication by wire or radio, notwithstanding sections 2(b) and 221(b) of the Act. ( 13 ) Communications assistant ( CA). A person who transliterates or interprets conversation between two or more end users of TRS. CA supersedes the term “TDD operator.” ( 14 ) Default provider. The iTRS provider that registers and assigns a ten-digit telephone number to an iTRS user pursuant to § 64.611 . ( 15 ) Default provider change order. A request by an iTRS user to an iTRS provider to change the user's default provider. ( 16 ) Direct video customer support. A telephone customer support operation that enables callers with hearing or speech disabilities to engage in real-time direct video communication in ASL with ASL speakers in a call center operation. ( 17 ) Enterprise videophone. A videophone maintained by a business, organization, government agency, or other entity, and designated for use by its employees or other individuals in private or restricted areas. ( 18 ) Hearing carry over (HCO). A form of TRS where the person with the speech disability is able to listen to the other end user and, in reply, the CA speaks the text as typed by the person with the speech disability. The CA does not type any conversation. Two-line HCO is an HCO service that allows TRS users to use one telephone line for hearing and the other for sending TTY messages. HCO-to-TTY allows a relay conversation to take place between an HCO user and a TTY user. HCO-to-HCO allows a relay conversation to take place between two HCO users. ( 19 ) Hearing point-to-point video user. A hearing individual who has been assigned a ten-digit NANP number that is entered in the TRS Numbering Directory to access point-to-point service. ( 20 ) Home workstation or home CA workstation. A VRS CA's workstation in the CA's home or in any location where two or more CAs do not simultaneously handle VRS calls. ( 21 ) Interconnected VoIP service. The term “interconnected VoIP service” has the meaning given such term under § 9.3 of this chapter , as such section may be amended from time to time. ( 22 ) internet - based TRS (iTRS). A telecommunications relay service (TRS) in which an individual with a hearing or a speech disability connects to a TRS communications assistant using an internet Protocol-enabled device via the internet, rather than the public switched telephone network. Except as authorized or required by the Commission, internet-based TRS does not include the use of a text telephone (TTY) or RTT over an interconnected voice over internet Protocol service. ( 23 ) internet Protocol Captioned Telephone Service (IP CTS). A telecommunications relay service that permits an individual who can speak but who has difficulty hearing over the telephone to use a telephone and an internet Protocol-enabled device via the internet to simultaneously listen to the other party and read captions of what the other party is saying. With IP CTS, the connection carrying the captions between the relay service provider and the relay service user is via the internet, rather than the public switched telephone network. ( 24 ) internet Protocol Relay Service (IP Relay). A telecommunications relay service that permits an individual with a hearing or a speech disability to communicate in text using an internet Protocol-enabled device via the internet, rather than using a text telephone (TTY) and the public switched telephone network. ( 25 ) IP Relay access technology. Any equipment, software, or other technology issued, leased, or provided by an internet-based TRS provider that can be used to make and receive an IP Relay call. ( 26 ) iTRS access technology. Any equipment, software, or other technology issued, leased, or provided by an internet-based TRS provider that can be used to make and receive an internet-based TRS call. ( 27 ) New default provider. An iTRS provider that, either directly or through its numbering partner, initiates or implements the process to become the iTRS user's default provider by replacing the iTRS user's original default provider. ( 28 ) Non-English language relay service. A telecommunications relay service that allows persons with hearing or speech disabilities who use languages other than English to communicate with voice telephone users in a shared language other than English, through a CA who is fluent in that language. ( 29 ) Non-interconnected VoIP service. The term “non-interconnected VoIP service”— ( i ) Means a service that— ( A ) Enables real-time voice communications that originate from or terminate to the user's location using internet protocol or any successor protocol; and ( B ) Requires internet protocol compatible customer premises equipment; and ( ii ) Does not include any service that is an interconnected VoIP service. ( 30 ) Numbering partner. Any entity with which an internet-based TRS provider has entered into a commercial arrangement to obtain North American Numbering Plan telephone numbers. ( 31 ) Original default provider. An iTRS provider that is the iTRS user's default provider immediately before that iTRS user's default provider is changed. ( 32 ) Point-to-point video call. A call placed via a point-to-point video service. ( 33 ) Point-to-point video service. A service that enables a user to place and receive non-relay video calls without the assistance of a CA. ( 34 ) Public videophone. A videophone maintained by a business, organization, government agency, or other entity, and made available for use by the public in a public space, such as a public area of a business, school, hospital, library, airport, or government building. ( 35 ) Qualified Direct Video Entity. An individual or entity that is approved by the Commission for access to the TRS Numbering Database that is engaged in: ( i ) Direct video customer support and that is the end-user customer that has been assigned a telephone number used for direct video customer support calls or is the designee of such entity; or ( ii ) Carceral point-to-point video service as that term is defined in this section. ( 36 ) Qualified interpreter. An interpreter who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. ( 37 ) Real-Time Text (RTT). The term real-time text shall have the meaning set forth in § 67.1 of this chapter . ( 38 ) Registered internet-based TRS user. An individual who has registered with a VRS, IP Relay, or IP CTS provider as described in § 64.611 . ( 39 ) Registered Location. The most recent information obtained by a VRS, IP Relay, or IP CTS provider that identifies the physical location of an end user. ( 40 ) Sign language. A language which uses manual communication and body language to convey meaning, including but not limited to American Sign Language. ( 41 ) Speech-to-speech relay service (STS). A telecommunications relay service that allows individuals with speech disabilities to communicate with voice telephone users through the use of specially trained CAs who understand the speech patterns of persons with speech disabilities and can repeat the words spoken by that person. ( 42 ) Speed dialing. A TRS feature that allows a TRS user to place a call using a stored number maintained by the TRS facility. In the context of TRS, speed dialing allows a TRS user to give the CA a short-hand” name or number for the user's most frequently called telephone numbers. ( 43 ) Telecommunications relay services (TRS). Telephone transmission services that provide the ability for an individual who is deaf, hard of hearing, deaf-blind, or who has a speech disability to engage in communication by wire or radio with one or more individuals, in a manner that is functionally equivalent to the ability of a hearing individual who does not have a speech disability to communicate using voice communication services by wire or radio. ( 44 ) Text telephone (TTY). A machine that employs graphic communication in the transmission of coded signals through a wire or radio communication system. TTY supersedes the term “TDD” or “telecommunications device for the deaf,” and TT. ( 45 ) Three-way calling feature. A TRS feature that allows more than two parties to be on the telephone line at the same time with the CA. ( 46 ) TRS Numbering Administrator. The neutral administrator of the TRS Numbering Directory selected based on a competitive bidding process. ( 47 ) TRS Numbering Directory. The database administered by the TRS Numbering Administrator, the purpose of which is to map each registered internet-based TRS user's NANP telephone number to his or her end device. ( 48 ) TRS User Registration Database. A system of records containing TRS user identification data capable of: ( i ) Receiving and processing subscriber information sufficient to identify unique TRS users and to ensure that each has a single default provider; ( ii ) Assigning each VRS user a unique identifier; ( iii ) Allowing VRS providers and other authorized entities to query the TRS User Registration Database to determine if a prospective user already has a default provider; ( iv ) Allowing VRS providers to indicate that a VRS user has used the service; and ( v ) Maintaining the confidentiality of proprietary data housed in the database by protecting it from theft, loss or disclosure to unauthorized persons. The purpose of this database is to ensure accurate registration and verification of VRS users and improve the efficiency of the TRS program. ( 49 ) Unauthorized provider. An iTRS provider that becomes the iTRS user's new default provider without having obtained the user's authorization verified in accordance with the procedures specified in this part. ( 50 ) Unauthorized change. A change in an iTRS user's selection of a default provider that was made without authorization verified in accordance with the verification procedures specified in this part. ( 51 ) Video relay service (VRS). A telecommunications relay service that allows people with hearing or speech disabilities who use sign language to communicate with voice telephone users through video equipment. The video link allows the CA to view and interpret the party's signed conversation and relay the conversation back and forth with a voice caller. ( 52 ) Video-text service. A specialized form of VRS that allows people who are deafblind who use sign language and text to communicate through a video link. The video link allows the communications assistant to view and interpret a party's sign language communication and the text functionality allows the communications assistant to send text to peripheral devices employed in connection with equipment, including software, to translate, enhance, or otherwise transform advanced communications services into a form accessible to people who are deafblind. The communications assistant relays the conversation using sign language, voice, and text between the participants of the call. ( 53 ) Visual privacy screen. A screen or any other feature that is designed to prevent one party or both parties on the video leg of a VRS call from viewing the other party during a call. ( 54 ) Voice carry over (VCO). A form of TRS where the person with the hearing disability is able to speak directly to the other end user. The CA types the response back to the person with the hearing disability. The CA does not voice the conversation. Two-line VCO is a VCO service that allows TRS users to use one telephone line for voicing and the other for receiving TTY messages. A VCO-to-TTY TRS call allows a relay conversation to take place between a VCO user and a TTY user. VCO-to-VCO allows a relay conversation to take place between two VCO users. ( 55 ) VRS access technology. Any equipment, software, or other technology issued, leased, or provided by an internet-based TRS provider that can be used to make and receive a VRS call. ( 56 ) VRS Access Technology Reference Platform. A software product procured by or on behalf of the Commission that provides VRS functionality, including the ability to make and receive VRS and point-to-point calls, dial-around functionality, and the ability to update user registration location, and against which providers may test their own VRS access technology and platforms for compliance with the Commission's interoperability and portability rules. ( b ) For purposes of this subpart, all regulations and requirements applicable to common carriers shall also be applicable to providers of interconnected VoIP service. [ 68 FR 50976 , Aug. 25, 2003, as amended at 69 FR 53351 , Sept. 1, 2004; 72 FR 43559 , Aug. 6, 2007; 73 FR 41294 , July 18, 2008; 76 FR 24400 , May 2, 2011; 76 FR 65969 , Oct. 25, 2011; 78 FR 40605 , July 5, 2013; 82 FR 7707 , Jan. 23, 2017; 82 FR 17761 , Apr. 13, 2017; 82 FR 39682 , Aug. 22, 2017; 84 FR 8461 , Mar. 8, 2019; 84 FR 26369 , June 6, 2019; 84 FR 66779 , Dec. 5, 2019; 85 FR 1127 , Jan. 9, 2020; 85 FR 9390 , Feb. 19, 2020; 85 FR 27312 , May 8, 2020; 87 FR 75513 , Dec. 9, 2022; 88 FR 72006 , Oct. 19, 2023] § 64.602 Jurisdiction. Any violation of this subpart F by any common carrier engaged in intrastate communication shall be subject to the same remedies, penalties, and procedures as are applicable to a violation of the Act by a common carrier engaged in interstate communication. [ 65 FR 38436 , June 21, 2000] § 64.603 Provision of services. ( a ) Each common carrier providing telephone voice transmission services shall provide, in compliance with the regulations prescribed herein and the emergency calling requirements in part 9, subpart E of this chapter , throughout the area in which it offers services, telecommunications relay services, individually, through designees, through a competitively selected vendor, or in concert with other carriers. Interstate Spanish language relay service shall be provided. Speech-to-speech relay service also shall be provided, except that speech-to-speech relay service need not be provided by IP Relay providers, VRS providers, captioned telephone relay service providers, and IP CTS providers. In addition, each common carrier providing telephone voice transmission services shall provide access via the 711 dialing code to all relay services as a toll free call. CMRS providers subject to this 711 access requirement are not required to provide 711 dialing code access to TTY users if they provide 711 dialing code access via real-time text communications, in accordance with 47 CFR part 67 . ( b ) A common carrier shall be considered to be in compliance with this section: ( 1 ) With respect to intrastate telecommunications relay services in any state that does not have a certified program under § 64.606 and with respect to interstate telecommunications relay services, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with § 64.604 ; or ( 2 ) With respect to intrastate telecommunications relay services in any state that has a certified program under § 64.606 for such state, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the program certified under § 64.606 for such state. [ 82 FR 7707 , Jan.23, 2017, as amended at 84 FR 66779 , Dec. 5, 2019] § 64.604 Mandatory minimum standards. ( a ) Operational standards — ( 1 ) Communications assistant (CA). ( i ) TRS providers are responsible for requiring that all CAs be sufficiently trained to effectively meet the specialized communications needs of individuals with hearing and speech disabilities. ( ii ) CAs must have competent skills in typing, grammar, spelling, interpretation of typewritten ASL, and familiarity with hearing and speech disability cultures, languages and etiquette. CAs must possess clear and articulate voice communications. ( iii ) CAs must provide a typing speed of a minimum of 60 words per minute. Technological aids may be used to reach the required typing speed. Providers must give oral-to-type tests of CA speed. ( iv ) TRS providers are responsible for requiring that VRS CAs are qualified interpreters. A “qualified interpreter” is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. ( v ) CAs answering and placing a TTY-based TRS or VRS call shall stay with the call for a minimum of ten minutes. CAs answering and placing an STS call shall stay with the call for a minimum of twenty minutes. The minimum time period shall begin to run when the CA reaches the called party. The obligation of the CA to stay with the call shall terminate upon the earlier of: ( A ) The termination of the call by one of the parties to the call; or ( B ) The completion of the minimum time period. ( vi ) TRS providers must make best efforts to accommodate a TRS user's requested CA gender when a call is initiated and, if a transfer occurs, at the time the call is transferred to another CA. ( vii ) TRS shall transmit conversations between TTY and voice callers in real time. ( viii ) STS providers shall offer STS users the option to have their voices muted so that the other party to the call will hear only the CA and will not hear the STS user's voice. ( 2 ) Confidentiality and conversation content. ( i ) Except as authorized by section 705 of the Communications Act, 47 U.S.C. 605 , CAs are prohibited from disclosing the content of any relayed conversation regardless of content, and with a limited exception for STS CAs, from keeping records of the content of any conversation beyond the duration of a call, even if to do so would be inconsistent with state or local law. STS CAs may retain information from a particular call in order to facilitate the completion of consecutive calls, at the request of the user. The caller may request the STS CA to retain such information, or the CA may ask the caller if he wants the CA to repeat the same information during subsequent calls. The CA may retain the information only for as long as it takes to complete the subsequent calls. ( ii ) CAs are prohibited from intentionally altering a relayed conversation and, to the extent that it is not inconsistent with federal, state or local law regarding use of telephone company facilities for illegal purposes, must relay all conversation verbatim unless the relay user specifically requests summarization, or if the user requests interpretation of an ASL call. An STS CA may facilitate the call of an STS user with a speech disability so long as the CA does not interfere with the independence of the user, the user maintains control of the conversation, and the user does not object. Appropriate measures must be taken by relay providers to ensure that confidentiality of VRS users is maintained. ( 3 ) Types of calls. ( i ) Consistent with the obligations of telecommunications carrier operators, CAs are prohibited from refusing single or sequential calls or limiting the length of calls utilizing relay services, except that the number and duration of calls to or from incarcerated persons may be limited in accordance with a correctional authority's generally applicable policies regarding telephone calling by incarcerated persons. ( ii ) Relay services shall be capable of handling any type of call normally provided by telecommunications carriers unless the Commission determines that it is not technologically feasible to do so. Relay service providers have the burden of proving the infeasibility of handling any type of call. ( iii ) Relay service providers are permitted to decline to complete a call because credit authorization is denied. ( iv ) Relay services other than Internet-based TRS shall be capable of handling pay-per-call calls. ( v ) TRS providers are required to provide the following types of TRS calls: ( A ) Text-to-voice and voice-to-text; ( B ) One-line VCO, two-line VCO, VCO-to-TTY, and VCO-to-VCO; and ( C ) One-line HCO, two-line HCO, HCO-to-TTY, HCO-to-HCO. VRS providers are not required to provide text-to-voice and voice-to-text functionality. IP Relay providers are not required to provide one-line VCO and one-line HCO. IP Relay providers and VRS providers are not required to provide: ( 1 ) VCO-to-TTY and VCO-to-VCO; and ( 2 ) HCO-to-TTY and HCO-to-HCO. Captioned telephone service providers and IP CTS providers are not required to provide: ( i ) Text-to-voice functionality; and ( ii ) One-line HCO, two-line HCO, HCO-to-TTY, and HCO-to-HCO. IP CTS providers are not required to provide one-line VCO. ( vi ) TRS providers are required to provide the following features: ( A ) Call release functionality (only with respect to the provision of TTY-based relay service); ( B ) Speed dialing functionality; and ( C ) Three-way calling functionality. ( vii ) Voice mail and interactive menus. CAs must alert the TRS user to the presence of a recorded message and interactive menu through a hot key on the CA's terminal. The hot key will send text from the CA to the consumer's TTY indicating that a recording or interactive menu has been encountered. Relay providers shall electronically capture recorded messages and retain them for the length of the call. Relay providers may not impose any charges for additional calls, which must be made by the relay user in order to complete calls involving recorded or interactive messages. ( viii ) TRS providers shall provide, as TRS features, answering machine and voice mail retrieval. ( ix ) This paragraph (a)(3) does not require that TRS providers serving incarcerated persons allow types of calls or calling features that are not permitted for hearing people incarcerated in the correctional facility being served. ( 4 ) [Reserved] ( 5 ) STS called numbers. Relay providers must offer STS users the option to maintain at the relay center a list of names and telephone numbers which the STS user calls. When the STS user requests one of these names, the CA must repeat the name and state the telephone number to the STS user. This information must be transferred to any new STS provider. ( 6 ) - ( 7 ) [Reserved] ( b ) Technical standards — ( 1 ) ASCII and Baudot. TTY-based relay service shall be capable of communicating with ASCII and Baudot format, at any speed generally in use. Other forms of TRS are not subject to this requirement. ( 2 ) Speed of answer. ( i ) TRS providers shall ensure adequate TRS facility staffing to provide callers with efficient access under projected calling volumes, so that the probability of a busy response due to CA unavailability shall be functionally equivalent to what a voice caller would experience in attempting to reach a party through the voice telephone network. ( ii ) TRS facilities shall, except during network failure, answer 85% of all calls within 10 seconds by any method which results in the caller's call immediately being placed, not put in a queue or on hold. The ten seconds begins at the time the call is delivered to the TRS facility's network. A TRS facility shall ensure that adequate network facilities shall be used in conjunction with TRS so that under projected calling volume the probability of a busy response due to loop trunk congestion shall be functionally equivalent to what a voice caller would experience in attempting to reach a party through the voice telephone network. ( A ) The call is considered delivered when the TRS facility's equipment accepts the call from the local exchange carrier (LEC) and the public switched network actually delivers the call to the TRS facility. ( B ) Abandoned calls shall be included in the speed-of-answer calculation. ( C ) A TRS provider's compliance with this rule shall be measured on a daily basis. ( D ) The system shall be designed to a P.01 standard. ( E ) A LEC shall provide the call attempt rates and the rates of calls blocked between the LEC and the TRS facility to relay administrators and TRS providers upon request. ( iii ) Speed of answer requirements for VRS providers. VRS providers must answer 80% of all VRS calls within 120 seconds, measured on a monthly basis. VRS providers must meet the speed of answer requirements for VRS providers as measured from the time a VRS call reaches facilities operated by the VRS provider to the time when the call is answered by a CA— i.e., not when the call is put on hold, placed in a queue, or connected to an IVR system. Abandoned calls shall be included in the VRS speed of answer calculation. ( 3 ) [Reserved] ( 4 ) TRS facilities. ( i ) TRS shall operate every day, 24 hours a day. Relay services that are not mandated by this Commission need not be provided every day, 24 hours a day, except VRS. ( ii ) TRS shall have redundancy features functionally equivalent to the equipment in normal central offices, including uninterruptible power for emergency use. ( iii ) A VRS provider shall not allow its CAs to handle VRS calls from a home workstation unless so authorized by the Commission. ( iv ) A VRS provider leasing or licensing an automatic call distribution (ACD) platform must have a written lease or license agreement. Such lease or license agreement may not include any revenue sharing agreement or compensation based upon minutes of use. In addition, if any such lease is between two eligible VRS providers, the lessee or licensee must locate the ACD platform on its own premises and must utilize its own employees to manage the ACD platform. ( 5 ) Technology. No regulation set forth in this subpart is intended to discourage or impair the development of improved technology that fosters the availability of telecommunications to person with disabilities. TRS facilities are permitted to use SS7 technology or any other type of similar technology to enhance the functional equivalency and quality of TRS. TRS facilities that utilize SS7 technology shall be subject to the Calling Party Telephone Number rules set forth at 47 CFR 64.1600 et seq. ( 6 ) Caller ID. When a TRS facility is able to transmit any calling party identifying information to the public network, the TRS facility must pass through, to the called party, at least one of the following: the number of the TRS facility, 711, or the 10-digit number of the calling party. ( 7 ) STS 711 Calls. An STS provider shall, at a minimum, employ the same means of enabling an STS user to connect to a CA when dialing 711 that the provider uses for all other forms of TRS. When a CA directly answers an incoming 711 call, the CA shall transfer the STS user to an STS CA without requiring the STS user to take any additional steps. When an interactive voice response (IVR) system answers an incoming 711 call, the IVR system shall allow for an STS user to connect directly to an STS CA using the same level of prompts as the IVR system uses for all other forms of TRS. ( 8 ) [Reserved] ( c ) Functional standards — ( 1 ) Consumer complaint logs. ( i ) States and interstate providers must maintain a log of consumer complaints including all complaints about TRS in the state, whether filed with the TRS provider or the State, and must retain the log until the next application for certification is granted. The log shall include, at a minimum, the date the complaint was filed, the nature of the complaint, the date of resolution, and an explanation of the resolution. ( ii ) Beginning July 1, 2002, states and TRS providers shall submit summaries of logs indicating the number of complaints received for the 12-month period ending May 31 to the Commission by July 1 of each year. Summaries of logs submitted to the Commission on July 1, 2001 shall indicate the number of complaints received from the date of OMB approval through May 31, 2001. ( 2 ) Contact persons. Beginning on June 30, 2000, State TRS Programs, interstate TRS providers, and TRS providers that have state contracts must submit to the Commission a contact person and/or office for TRS consumer information and complaints about a certified State TRS Program's provision of intrastate TRS, or, as appropriate, about the TRS provider's service. This submission must include, at a minimum, the following: ( i ) The name and address of the office that receives complaints, grievances, inquiries, and suggestions; ( ii ) Voice and TTY telephone numbers, fax number, e-mail address, and web address; and ( iii ) The physical address to which correspondence should be sent. ( 3 ) Public access to information. Carriers, through publication in their directories, periodic billing inserts, placement of TRS instructions in telephone directories, through directory assistance services, and incorporation of TTY numbers in telephone directories, shall assure that callers in their service areas are aware of the availability and use of all forms of TRS. Efforts to educate the public about TRS should extend to all segments of the public, including individuals who are hard of hearing, speech disabled, and senior citizens as well as members of the general population. In addition, each common carrier providing telephone voice transmission services shall conduct, not later than October 1, 2001, ongoing education and outreach programs that publicize the availability of 711 access to TRS in a manner reasonably designed to reach the largest number of consumers possible. ( 4 ) Rates. TRS users shall pay rates no greater than the rates paid for functionally equivalent voice communication services with respect to such factors as the duration of the call, the time of day, and the distance from the point of origination to the point of termination. ( 5 ) Jurisdictional separation of costs — ( i ) General. Where appropriate, costs of providing TRS shall be separated in accordance with the jurisdictional separation procedures and standards set forth in the Commission's regulations adopted pursuant to section 410 of the Communications Act of 1934, as amended. ( ii ) Cost recovery. Costs caused by interstate TRS shall be recovered from all subscribers for every interstate service, utilizing a shared-funding cost recovery mechanism. Except as noted in this paragraph (c)(5)(ii) , costs caused by intrastate TRS shall be recovered from the intrastate jurisdiction. In a state that has a certified program under § 64.606 , the state agency providing TRS shall, through the state's regulatory agency, permit a common carrier to recover costs incurred in providing TRS by a method consistent with the requirements of this section. Costs caused by the provision of interstate and intrastate IP CTS, and (beginning July 1, 2023) for VRS and IP Relay, if not provided through a certified state program under § 64.606 , shall be recovered from all subscribers for every interstate and intrastate service, using a shared-funding cost recovery mechanism. ( iii ) Telecommunications Relay Services Fund. Effective July 26, 1993, an Interstate Cost Recovery Plan, hereinafter referred to as the TRS Fund, shall be administered by an entity selected by the Commission (administrator). The initial administrator, for an interim period, will be the National Exchange Carrier Association, Inc. ( A ) Contributions. ( 1 ) Every carrier providing interstate or intrastate telecommunications services (including interconnected VoIP service providers pursuant to § 64.601(b) ) and every provider of non-interconnected VoIP service shall contribute to the TRS Fund, as described in this paragraph (c)(5)(iii)(A) : ( i ) For the support of TRS other than IP CTS, VRS, and IP Relay, on the basis of interstate end-user revenues; and ( ii ) For the support of IP CTS, and (beginning July 1, 2023) for VRS and IP Relay, on the basis of interstate and intrastate end-user revenues. ( 2 ) Contributions shall be made by all carriers who provide interstate or intrastate services, including, but not limited to, cellular telephone and paging, mobile radio, operator services, personal communications service (PCS), access (including subscriber line charges), alternative access and special access, packet-switched, WATS, 800, 900, message telephone service (MTS), private line, telex, telegraph, video, satellite, intraLATA, international, and resale services. ( B ) Contribution computations. Contributors' contributions to the TRS fund shall be the product of their subject revenues for the prior calendar year and the applicable contribution factors determined annually by the Commission. The contribution factor shall be based on the ratio between expected TRS Fund expenses to the contributors' revenues subject to contribution. In the event that contributions exceed TRS payments and administrative costs, the contribution factor for the following year will be adjusted by an appropriate amount, taking into consideration projected cost and usage changes. In the event that contributions are inadequate, the fund administrator may request authority from the Commission to borrow funds commercially, with such debt secured by future years' contributions. Each subject contributor that has revenues subject to contribution must contribute at least $25 per year. Contributors whose annual contributions total less than $1,200 must pay the entire contribution at the beginning of the contribution period. Contributors whose contributions total $1,200 or more may divide their contributions into equal monthly payments. Contributors shall complete and submit, and contributions shall be based on, a “Telecommunications Reporting Worksheet” (as published by the Commission in the Federal Register ). The worksheet shall be certified to by an officer of the contributor, and subject to verification by the Commission or the administrator at the discretion of the Commission. Contributors' statements in the worksheet shall be subject to the provisions of section 220 of the Communications Act of 1934, as amended. The fund administrator may bill contributors a separate assessment for reasonable administrative expenses and interest resulting from improper filing or overdue contributions. The Chief of the Consumer and Governmental Affairs Bureau may waive, reduce, modify or eliminate contributor reporting requirements that prove unnecessary and require additional reporting requirements that the Bureau deems necessary to the sound and efficient administration of the TRS Fund. ( C ) Registration Requirements for Providers of Non-Interconnected VoIP Service— ( 1 ) Applicability. A non-interconnected VoIP service provider that will provide interstate service that generates interstate end-user revenue that is subject to contribution to the Telecommunications Relay Service Fund shall file the registration information described in paragraph (c)(5)(iii)(C)( 2 ) of this section in accordance with the procedures described in paragraphs (c)(5)(iii)(C)( 3 ) and (c)(5)(iii)(C)( 4 ) of this section. Any non-interconnected VoIP service provider already providing interstate service that generates interstate end-user revenue that is subject to contribution to the Telecommunications Relay Service Fund on the effective date of these rules shall submit the relevant portion of its FCC Form 499-A in accordance with paragraphs (c)(5)(iii)(C)( 2 ) and ( 3 ) of this section. ( 2 ) Information required for purposes of TRS Fund contributions. A non-interconnected VoIP service provider that is subject to the registration requirement pursuant to paragraph (c)(5)(iii)(C)( 1 ) of this section shall provide the following information: ( i ) The provider's business name(s) and primary address; ( ii ) The names and business addresses of the provider's chief executive officer, chairperson, and president, or, in the event that a provider does not have such executives, three similarly senior-level officials of the provider; ( iii ) The provider's regulatory contact and/or designated agent; ( iv ) All names that the provider has used in the past; and ( v ) The state(s) in which the provider provides such service. ( 3 ) Submission of registration. A provider that is subject to the registration requirement pursuant to paragraph (c)(5)(iii)(C)( 1 ) of this section shall submit the information described in paragraph (c)(5)(iii)(C)( 2 ) of this section in accordance with the Instructions to FCC Form 499-A. FCC Form 499-A must be submitted under oath and penalty of perjury. ( 4 ) Changes in information. A provider must notify the Commission of any changes to the information provided pursuant to paragraph (c)(5)(iii)(C)( 2 ) of this section within no more than one week of the change. Providers may satisfy this requirement by filing the relevant portion of FCC Form 499-A in accordance with the Instructions to such form. ( D ) Data collection and audits. ( 1 ) Cost and demand data. TRS providers seeking compensation from the TRS Fund shall provide the administrator with true and adequate data, and other historical, projected and state rate related information reasonably requested to determine the TRS Fund revenue requirements and payments. TRS providers shall provide the administrator with the following: total TRS minutes of use, total interstate TRS minutes of use, total operating expenses and total TRS investment in general in accordance with part 32 of this chapter , and other historical or projected information reasonably requested by the administrator for purposes of computing payments and revenue requirements. In annual cost data filings and supplementary information provided to the administrator regarding such cost data, IP CTS providers that contract for the supply of services used in the provision of TRS shall include information about payments under such contracts, classified according to the substantive cost categories specified by the administrator. To the extent that a third party's provision of services covers more than one cost category, the resubmitted cost reports must provide an explanation of how the provider determined or calculated the portion of contractual payments attributable to each cost category. To the extent that the administrator reasonably deems necessary, providers shall submit additional detail on such contractor expenses, including but not limited to complete copies of such contracts and related correspondence or other records and information relevant to determining the nature of the services provided and the allocation of the costs of such services to cost categories. ( 2 ) Call data required from all TRS providers. In addition to the data requested by paragraph (c)(5)(iii)(D)( 1 ) of this section, TRS providers seeking compensation from the TRS Fund shall submit the following specific data associated with each TRS call for which compensation is sought: ( i ) The call record ID sequence; ( ii ) CA ID number; ( iii ) Session start and end times noted at a minimum to the nearest second; ( iv ) Conversation start and end times noted at a minimum to the nearest second; ( v ) Incoming telephone number and IP address (if call originates with an IP-based device) at the time of the call; ( vi ) Outbound telephone number (if call terminates to a telephone) and IP address (if call terminates to an IP-based device) at the time of call; ( vii ) Total conversation minutes; ( viii ) Total session minutes; ( ix ) The call center (by assigned center ID number) or home workstation (by assigned home workstation identification number) that handled the call; and ( x ) The URL address through which the call is initiated. ( 3 ) Additional call data required from internet-based Relay Providers. In addition to the data required by paragraph (c)(5)(iii)(D)( 2 ) of this section, internet-based Relay Providers seeking compensation from the Fund shall submit speed of answer compliance data. ( 4 ) Call record and speed of answer data. Providers submitting call record and speed of answer data in compliance with paragraphs (c)(5)(iii)(D)( 2 ) and ( 3 ) of this section shall: ( i ) Employ an automated record keeping system to capture such data required pursuant to paragraph (c)(5)(iii)(D)( 2 ) of this section for each TRS call for which minutes are submitted to the fund administrator for compensation; and ( ii ) Submit such data electronically, in a standardized format. For purposes of this subparagraph, an automated record keeping system is a system that captures data in a computerized and electronic format that does not allow human intervention during the call session for either conversation or session time. ( 5 ) Certification. The chief executive officer (CEO), chief financial officer (CFO), or other senior executive of a TRS provider with first hand knowledge of the accuracy and completeness of the information provided, when submitting a request for compensation from the TRS Fund must, with each such request, certify as follows: I swear under penalty of perjury that: (i) I am ______ (name and title)______, an officer of the above-named reporting entity and that I have examined the foregoing reports and that all requested information has been provided and all statements of fact, as well as all cost and demand data contained in this Relay Services Data Request, are true and accurate; and (ii) The TRS calls for which compensation is sought were handled in compliance with Section 225 of the Communications Act and the Commission's rules and orders, and are not the result of impermissible financial incentives or payments to generate calls. ( 6 ) Audits. The Fund administrator and the Commission, including the Office of Inspector General, shall have the authority to examine and verify TRS provider data as necessary to assure the accuracy and integrity of TRS Fund payments. TRS providers must submit to audits annually or at times determined appropriate by the Commission, the fund administrator, or by an entity approved by the Commission for such purpose. A TRS provider that fails to submit to a requested audit, or fails to provide documentation necessary for verification upon reasonable request, will be subject to an automatic suspension of payment until it submits to the requested audit or provides sufficient documentation. In the course of an audit or otherwise upon demand, an IP CTS provider must make available any relevant documentation, including contracts with entities providing services or equipment directly related to the provision of IP CTS, to the Commission, the TRS Fund administrator, or any person authorized by the Commission or TRS Fund administrator to conduct an audit. ( 7 ) Call data record retention. Internet-based TRS providers shall retain the data required to be submitted by this section, and all other call detail records, other records that support their claims for payment from the TRS Fund, and records used to substantiate the costs and expense data submitted in the annual relay service data request form, in an electronic format that is easily retrievable, for a minimum of five years. ( 8 ) [Reserved] ( E ) Payments to TRS providers. ( 1 ) TRS Fund payments shall be distributed to TRS providers based on formulas approved or modified by the Commission. The administrator shall file schedules of payment formulas with the Commission. Such formulas shall be designed to compensate TRS providers for reasonable costs of providing interstate TRS, and shall be subject to Commission approval. Such formulas shall be based on total monthly interstate TRS minutes of use. The formulas should appropriately compensate interstate providers for the provision of TRS, whether intrastate or interstate. ( 2 ) TRS minutes of use for purposes of interstate cost recovery under the TRS Fund are defined as the minutes of use for completed interstate TRS calls placed through the TRS center beginning after call set-up and concluding after the last message call unit. ( 3 ) In addition to the data required under paragraph (c)(5)(iii)(C) of this section, all TRS providers, including providers who are not interexchange carriers, local exchange carriers, or certified state relay providers, must submit reports of interstate TRS minutes of use to the administrator in order to receive payments. ( 4 ) The administrator shall establish procedures to verify payment claims, and may suspend or delay payments to a TRS provider if the TRS provider fails to provide adequate verification of payment upon reasonable request, or if directed by the Commission to do so. The TRS Fund administrator shall make payments only to eligible TRS providers operating pursuant to the mandatory minimum standards as required in this section, and after disbursements to the administrator for reasonable expenses incurred by it in connection with TRS Fund administration. TRS providers receiving payments shall file a form prescribed by the administrator. The administrator shall fashion a form that is consistent with 47 CFR parts 32 and 36 procedures reasonably tailored to meet the needs of TRS providers. ( 5 ) The Commission shall have authority to audit providers and have access to all data, including carrier specific data, collected by the fund administrator. The fund administrator shall have authority to audit TRS providers reporting data to the administrator. ( 6 ) The administrator shall not be obligated to pay any request for compensation until it has been established as compensable. A request shall be established as compensable only after the administrator, in consultation with the Commission, or the Commission determines that the provider has met its burden to demonstrate that the claim is compensable under applicable Commission rules and the procedures established by the administrator. Any request for compensation for which payment has been suspended or withheld in accordance with paragraph (c)(5)(iii)(L) of this section shall not be established as compensable until the administrator, in consultation with the Commission, or the Commission determines that the request is compensable in accordance with paragraph (c)(5)(iii)(L)( 4 ) of this section. ( F ) Eligibility for payment from the TRS Fund. ( 1 ) TRS providers, except Internet-based TRS providers, eligible for receiving payments from the TRS Fund must be: ( i ) TRS facilities operated under contract with and/or by certified state TRS programs pursuant to § 64.606 ; or ( ii ) TRS facilities owned or operated under contract with a common carrier providing interstate services operated pursuant to this section; or ( iii ) Interstate common carriers offering TRS pursuant to this section. ( 2 ) Internet-based TRS providers eligible for receiving payments from the TRS fund must be certified by the Commission pursuant to § 64.606 . ( G ) Any eligible TRS provider as defined in paragraph (c)(5)(iii)(F) of this section shall notify the administrator of its intent to participate in the TRS Fund thirty (30) days prior to submitting reports of TRS interstate minutes of use in order to receive payment settlements for interstate TRS, and failure to file may exclude the TRS provider from eligibility for the year. ( H ) Administrator reporting, monitoring, and filing requirements. The administrator shall perform all filing and reporting functions required in paragraphs (c)(5)(iii)(A) through (c)(5)(iii)(J) of this section. TRS payment formulas and revenue requirements shall be filed with the Commission on May 1 of each year, to be effective the following July 1. The administrator shall report annually to the Commission an itemization of monthly administrative costs which shall consist of all expenses, receipts, and payments associated with the administration of the TRS Fund. The administrator is required to keep the TRS Fund separate from all other funds administered by the administrator, shall file a cost allocation manual (CAM) and shall provide the Commission full access to all data collected pursuant to the administration of the TRS Fund. The administrator shall account for the financial transactions of the TRS Fund in accordance with generally accepted accounting principles for federal agencies and maintain the accounts of the TRS Fund in accordance with the United States Government Standard General Ledger. When the administrator, or any independent auditor hired by the administrator, conducts audits of providers of services under the TRS program or contributors to the TRS Fund, such audits shall be conducted in accordance with generally accepted government auditing standards. In administering the TRS Fund, the administrator shall also comply with all relevant and applicable federal financial management and reporting statutes. The administrator shall establish a non-paid voluntary advisory committee of persons from the hearing and speech disability community, TRS users (voice and text telephone), interstate service providers, state representatives, and TRS providers, which will meet at reasonable intervals (at least semi-annually) in order to monitor TRS cost recovery matters. Each group shall select its own representative to the committee. The administrator's annual report shall include a discussion of the advisory committee deliberations. ( I ) Information filed with the administrator. The Chief Executive Officer (CEO), Chief Financial Officer (CFO), or other senior executive of a provider submitting minutes to the Fund for compensation must, in each instance, certify, under penalty of perjury, that the minutes were handled in compliance with section 225 of the Communications Act of 1934 and the Commission's rules and orders, and are not the result of impermissible financial incentives or payments to generate calls. The CEO, CFO, or other senior executive of a provider submitting cost and demand data to the TRS Fund administrator shall certify under penalty of perjury that such information is true and correct. The administrator shall keep all data obtained from contributors and TRS providers confidential and shall not disclose such data in company-specific form unless directed to do so by the Commission. Subject to any restrictions imposed by the Chief of the Consumer and Governmental Affairs Bureau, the TRS Fund administrator may share data obtained from carriers with the administrators of the universal support mechanisms ( see § 54.701 of this chapter ), the North American Numbering Plan administration cost recovery ( see § 52.16 of this chapter ), and the long-term local number portability cost recovery ( see § 52.32 of this chapter ). The TRS Fund administrator shall keep confidential all data obtained from other administrators. The administrator shall not use such data except for purposes of administering the TRS Fund, calculating the regulatory fees of interstate and intrastate common carriers and VoIP service providers, and aggregating such fee payments for submission to the Commission. The Commission shall have access to all data reported to the administrator, and authority to audit TRS providers. Contributors may make requests for Commission nondisclosure of company-specific revenue information under § 0.459 of this chapter by so indicating on the Telecommunications Reporting Worksheet at the time that the subject data are submitted. The Commission shall make all decisions regarding nondisclosure of company-specific information. ( J ) [Reserved] ( K ) All parties providing services or contributions or receiving payments under this section are subject to the enforcement provisions specified in the Communications Act, the Americans with Disabilities Act, and the Commission's rules. ( L ) Procedures for the suspension/withholding of payment. ( 1 ) The Fund administrator will continue the current practice of reviewing monthly requests for compensation of TRS minutes of use within two months after they are filed with the Fund administrator. ( 2 ) If the Fund administrator in consultation with the Commission, or the Commission on its own accord, determines that payments for certain minutes should be withheld, a TRS provider will be notified within two months from the date for the request for compensation was filed, as to why its claim for compensation has been withheld in whole or in part. TRS providers then will be given two additional months from the date of notification to provide additional justification for payment of such minutes of use. Such justification should be sufficiently detailed to provide the Fund administrator and the Commission the information needed to evaluate whether the minutes of use in dispute are compensable. If a TRS provider does not respond, or does not respond with sufficiently detailed information within two months after notification that payment for minutes of use is being withheld, payment for the minutes of use in dispute will be denied permanently. ( 3 ) If, the TRS provider submits additional justification for payment of the minutes of use in dispute within two months after being notified that its initial justification was insufficient, the Fund administrator or the Commission will review such additional justification documentation, and may ask further questions or conduct further investigation to evaluate whether to pay the TRS provider for the minutes of use in dispute, within eight months after submission of such additional justification. ( 4 ) If the provider meets its burden to establish that the minutes in question are compensable under the Commission's rules, the Fund administrator will compensate the provider for such minutes of use. Any payment by the Commission will not preclude any future action by either the Commission or the U.S. Department of Justice to recover past payments (regardless of whether the payment was the subject of withholding) if it is determined at any time that such payment was for minutes billed to the Commission in violation of the Commission's rules or any other civil or criminal law. ( 5 ) If the Commission determines that the provider has not met its burden to demonstrate that the minutes of use in dispute are compensable under the Commission's rules, payment will be permanently denied. The Fund administrator or the Commission will notify the provider of this decision within one year of the initial request for payment. ( 6 ) If the VRS provider submits a waiver request asserting exigent circumstances affecting one or more call centers that will make it highly improbable that the VRS provider will meet the speed-of-answer standard for call attempts occurring in a period of time identified by beginning and ending dates, the Fund administrator shall not withhold TRS Fund payments for a VRS provider's failure to meet the speed-of-answer standard during the identified period of time while the waiver request is under review by the Commission. In the event that the waiver request is denied, the speed-of-answer requirement is not met, and payment has been made to the provider from the TRS Fund for the identified period of time or a portion thereof, the provider shall return such payment to the TRS Fund for any period of time when the speed-of-answer requirement was not met. ( M ) Whistleblower protections. Providers shall not take any reprisal in the form of a personnel action against any current or former employee or contractor who discloses to a designated manager of the provider, the Commission, the TRS Fund administrator or to any Federal or state law enforcement entity, any information that the reporting person reasonably believes evidences known or suspected violations of the Communications Act or TRS regulations, or any other activity that the reporting person reasonably believes constitutes waste, fraud, or abuse, or that otherwise could result in the improper billing of minutes of use to the TRS Fund and discloses that information to a designated manager of the provider, the Commission, the TRS Fund administrator or to any Federal or state law enforcement entity. Providers shall provide an accurate and complete description of these TRS whistleblower protections, including the right to notify the FCC's Office of Inspector General or its Enforcement Bureau, to all employees and contractors, in writing. Providers that already disseminate their internal business policies to its employees in writing ( e.g. in employee handbooks, policies and procedures manuals, or bulletin board postings—either online or in hard copy) must include an accurate and complete description of these TRS whistleblower protections in those written materials. ( N ) [Reserved] ( 6 ) Complaints — ( i ) Referral of complaint. If a complaint to the Commission alleges a violation of this subpart with respect to intrastate TRS within a state and certification of the program of such state under § 64.606 is in effect, the Commission shall refer such complaint to such state expeditiously. ( ii ) Intrastate complaints shall be resolved by the state within 180 days after the complaint is first filed with a state entity, regardless of whether it is filed with the state relay administrator, a state PUC, the relay provider, or with any other state entity. ( iii ) Jurisdiction of Commission. After referring a complaint to a state entity under paragraph (c)(6)(i) of this section, or if a complaint is filed directly with a state entity, the Commission shall exercise jurisdiction over such complaint only if: ( A ) Final action under such state program has not been taken within: ( 1 ) 180 days after the complaint is filed with such state entity; or ( 2 ) A shorter period as prescribed by the regulations of such state; or ( B ) The Commission determines that such state program is no longer qualified for certification under § 64.606 . ( iv ) The Commission shall resolve within 180 days after the complaint is filed with the Commission any interstate TRS complaint alleging a violation of section 225 of the Act or any complaint involving intrastate relay services in states without a certified program. The Commission shall resolve intrastate complaints over which it exercises jurisdiction under paragraph (c)(6)(iii) of this section within 180 days. ( v ) Complaint procedures. Complaints against TRS providers for alleged violations of this subpart may be either informal or formal. ( A ) Informal complaints — ( 1 ) Form. An informal complaint may be transmitted to the Consumer & Governmental Affairs Bureau by any reasonable means, such as letter, facsimile transmission, telephone (voice/TRS/TTY), Internet e-mail, or some other method that would best accommodate a complainant's hearing or speech disability. ( 2 ) Content. An informal complaint shall include the name and address of the complainant; the name and address of the TRS provider against whom the complaint is made; a statement of facts supporting the complainant's allegation that the TRS provided it has violated or is violating section 225 of the Act and/or requirements under the Commission's rules; the specific relief or satisfaction sought by the complainant; and the complainant's preferred format or method of response to the complaint by the Commission and the defendant TRS provider (such as letter, facsimile transmission, telephone (voice/TRS/TTY), Internet e-mail, or some other method that would best accommodate the complainant's hearing or speech disability). ( 3 ) Service; designation of agents. The Commission shall promptly forward any complaint meeting the requirements of this subsection to the TRS provider named in the complaint. Such TRS provider shall be called upon to satisfy or answer the complaint within the time specified by the Commission. Every TRS provider shall file with the Commission a statement designating an agent or agents whose principal responsibility will be to receive all complaints, inquiries, orders, decisions, and notices and other pronouncements forwarded by the Commission. Such designation shall include a name or department designation, business address, telephone number (voice and TTY), facsimile number and, if available, internet e-mail address. ( B ) Review and disposition of informal complaints. ( 1 ) Where it appears from the TRS provider's answer, or from other communications with the parties, that an informal complaint has been satisfied, the Commission may, in its discretion, consider the matter closed without response to the complainant or defendant. In all other cases, the Commission shall inform the parties of its review and disposition of a complaint filed under this subpart. Where practicable, this information shall be transmitted to the complainant and defendant in the manner requested by the complainant (e.g., letter, facsmile transmission, telephone (voice/TRS/TTY) or Internet e-mail. ( 2 ) A complainant unsatisfied with the defendant's response to the informal complaint and the staff's decision to terminate action on the informal complaint may file a formal complaint with the Commission pursuant to paragraph (c)(6)(v)(C) of this section. ( C ) Formal complaints. A formal complaint shall be in writing, addressed to the Federal Communications Commission, Enforcement Bureau, Telecommunications Consumer Division, Washington, DC 20554 and shall contain: ( 1 ) The name and address of the complainant, ( 2 ) The name and address of the defendant against whom the complaint is made, ( 3 ) A complete statement of the facts, including supporting data, where available, showing that such defendant did or omitted to do anything in contravention of this subpart, and ( 4 ) The relief sought. ( D ) Amended complaints. An amended complaint setting forth transactions, occurrences or events which have happened since the filing of the original complaint and which relate to the original cause of action may be filed with the Commission. ( E ) Number of copies. An original and two copies of all pleadings shall be filed. ( F ) Service. ( 1 ) Except where a complaint is referred to a state pursuant to § 64.604(c)(6)(i) , or where a complaint is filed directly with a state entity, the Commission will serve on the named party a copy of any complaint or amended complaint filed with it, together with a notice of the filing of the complaint. Such notice shall call upon the defendant to satisfy or answer the complaint in writing within the time specified in said notice of complaint. ( 2 ) All subsequent pleadings and briefs shall be served by the filing party on all other parties to the proceeding in accordance with the requirements of § 1.47 of this chapter . Proof of such service shall also be made in accordance with the requirements of said section. ( G ) Answers to complaints and amended complaints. Any party upon whom a copy of a complaint or amended complaint is served under this subpart shall serve an answer within the time specified by the Commission in its notice of complaint. The answer shall advise the parties and the Commission fully and completely of the nature of the defense and shall respond specifically to all material allegations of the complaint. In cases involving allegations of harm, the answer shall indicate what action has been taken or is proposed to be taken to stop the occurrence of such harm. Collateral or immaterial issues shall be avoided in answers and every effort should be made to narrow the issues. Matters alleged as affirmative defenses shall be separately stated and numbered. Any defendant failing to file and serve an answer within the time and in the manner prescribed may be deemed in default. ( H ) Replies to answers or amended answers. Within 10 days after service of an answer or an amended answer, a complainant may file and serve a reply which shall be responsive to matters contained in such answer or amended answer and shall not contain new matter. Failure to reply will not be deemed an admission of any allegation contained in such answer or amended answer. ( I ) Defective pleadings. Any pleading filed in a complaint proceeding that is not in substantial conformity with the requirements of the applicable rules in this subpart may be dismissed. ( 7 ) Treatment of TRS customer information. Beginning on July 21, 2000, all future contracts between the TRS administrator and the TRS vendor shall provide for the transfer of TRS customer profile data from the outgoing TRS vendor to the incoming TRS vendor. Such data must be disclosed in usable form at least 60 days prior to the provider's last day of service provision. Such data may not be used for any purpose other than to connect the TRS user with the called parties desired by that TRS user. Such information shall not be sold, distributed, shared or revealed in any other way by the relay center or its employees, unless compelled to do so by lawful order. ( 8 ) Incentives for use of IP CTS and VRS. ( i ) An IP CTS provider shall not offer or provide to any person or entity that registers to use IP CTS any form of direct or indirect incentives, financial or otherwise, to register for or use IP CTS. ( ii ) An IP CTS provider shall not offer or provide to a hearing health professional any direct or indirect incentives, financial or otherwise, that are tied to a consumer's decision to register for or use IP CTS. Where an IP CTS provider offers or provides IP CTS equipment, directly or indirectly, to a hearing health professional, and such professional makes or has the opportunity to make a profit on the sale of the equipment to consumers, such IP CTS provider shall be deemed to be offering or providing a form of incentive tied to a consumer's decision to register for or use IP CTS. ( iii ) Joint marketing arrangements between IP CTS providers and hearing health professionals shall be prohibited. ( iv ) For the purpose of this paragraph (c)(8) , a hearing health professional is any medical or non-medical professional who advises consumers with regard to hearing disabilities. ( v ) A VRS provider shall not offer or provide to any person or entity any form of direct or indirect incentives, financial or otherwise, for the purpose of encouraging individuals to register for or use the VRS provider's service. ( vi ) Any IP CTS or VRS provider that does not comply with this paragraph (c)(8) shall be ineligible for compensation for such service from the TRS Fund. ( 9 ) [Reserved] ( 10 ) IP CTS settings. Each IP CTS provider shall ensure that, for each IP CTS device it distributes, directly or indirectly: ( i ) The device includes a button, key, icon, or other comparable feature that is easily operable and requires only one step for the consumer to turn on captioning; and ( ii ) On or after December 8, 2018, any volume control or other amplification feature can be adjusted separately and independently of the caption feature. ( 11 ) ( i ) [Reserved] ( ii ) No person shall use IP CTS equipment or software with the captioning on, unless: ( A ) Such person is registered to use IP CTS pursuant to paragraph (c)(9) of this section; or ( B ) Such person was an existing IP CTS user as of March 7, 2013, and either paragraph (c)(9)(xi) of this section is not yet in effect or the registration deadline in paragraph (c)(9)(xi) of this section has not yet passed. ( iii ) IP CTS providers shall ensure that any newly distributed IP CTS equipment has a label on its face in a conspicuous location with the following language in a clearly legible font: “FEDERAL LAW PROHIBITS ANYONE BUT REGISTERED USERS WITH HEARING LOSS FROM USING THIS DEVICE WITH THE CAPTIONS ON.” For IP CTS equipment already distributed to consumers by any IP CTS provider as of July 11, 2014, such provider shall, no later than August 11, 2014, distribute to consumers equipment labels with the same language as mandated by this paragraph for newly distributed equipment, along with clear and specific instructions directing the consumer to attach such labels to the face of their IP CTS equipment in a conspicuous location. For software applications on mobile phones, laptops, tablets, computers or other similar devices, IP CTS providers shall ensure that, each time the consumer logs into the application, the notification language required by this paragraph appears in a conspicuous location on the device screen immediately after log-in. ( iv ) IP CTS providers shall maintain, with each consumer's registration records, records describing any IP CTS equipment provided, directly or indirectly, to such consumer, stating the amount paid for such equipment, and stating whether the label required by paragraph (c)(11)(iii) of this section was affixed to such equipment prior to its provision to the consumer. For consumers to whom IP CTS equipment was provided directly or indirectly prior to the effective date of this paragraph (c)(11) , such records shall state whether and when the label required by paragraph (c)(11)(iii) of this section was distributed to such consumer. Such records shall be maintained for a minimum period of five years after the consumer ceases to obtain service from the provider. ( v ) IP CTS providers shall ensure that their informational materials and websites used to market, advertise, educate, or otherwise inform consumers and professionals about IP CTS include the following language in a prominent location in a clearly legible font: “FEDERAL LAW PROHIBITS ANYONE BUT REGISTERED USERS WITH HEARING LOSS FROM USING INTERNET PROTOCOL (IP) CAPTIONED TELEPHONES WITH THE CAPTIONS TURNED ON. IP Captioned Telephone Service may use a live operator. The operator generates captions of what the other party to the call says. These captions are then sent to your phone. There is a cost for each minute of captions generated, paid from a federally administered fund.” For IP CTS provider websites, the language shall be included on the website's home page, each page that provides consumer information about IP CTS, and each page that provides information on how to order IP CTS or IP CTS equipment. IP CTS providers that do not make any use of live CAs to generate captions may shorten the notice to leave out the second, third, and fourth sentences. ( 12 ) [Reserved] ( 13 ) Unauthorized and unnecessary use of VRS or IP CTS. ( i ) A VRS or IP CTS provider shall not engage in any practice that the provider knows or has reason to know will cause or encourage: ( A ) False or unverified claims for TRS Fund compensation; ( B ) Unauthorized use of VRS or IP CTS; ( C ) The making of VRS or IP CTS calls that would not otherwise be made; or ( D ) The use of VRS or IP CTS by persons who do not need the service in order to communicate in a functionally equivalent manner. ( ii ) A VRS or IP CTS provider shall not seek payment from the TRS Fund for any minutes of service it knows or has reason to know are resulting from the practices listed in paragraph (c)(13)(i) of this section or from the use of IP CTS by an individual who does not need captions to communicate in a functionally equivalent manner. ( iii ) Any VRS or IP CTS provider that becomes aware of any practices listed in paragraphs (c)(13)(i) or (ii) of this section being or having been committed by any person shall, as soon as practicable, report such practices to the Commission or the TRS Fund administrator. ( iv ) An IP CTS provider may complete and request compensation for IP CTS calls to or from unregistered users at a temporary, public IP CTS device set up in an emergency shelter. The IP CTS provider shall notify the TRS Fund administrator of the dates of activation and termination for such device. ( 14 ) TRS calls requiring the use of multiple CAs. The following types of calls that require multiple CAs for their handling are compensable from the TRS Fund: ( i ) VCO-to-VCO calls between multiple captioned telephone relay service users, multiple IP CTS users, or captioned telephone relay service users and IP CTS users; ( ii ) Calls between captioned telephone relay service or IP CTS users and TTY service users; and ( iii ) Calls between captioned telephone relay service or IP CTS users and VRS users. ( d ) Additional provisions applicable to VRS — ( 1 ) Eligibility for reimbursement from the TRS Fund. ( i ) Only an eligible VRS provider, as defined in paragraph (c)(5)(iii)(F) of this section, may hold itself out to the general public as providing VRS. ( ii ) VRS service must be offered under the name by which the eligible VRS provider offering such service became certified and in a manner that clearly identifies that provider of the service. Where a TRS provider also utilizes sub-brands to identify its VRS, each sub-brand must clearly identify the eligible VRS provider. Providers must route all VRS calls through a single URL address used for each name or sub-brand used. ( iii ) ( A ) Except as otherwise provided in this paragraph (iii) , an eligible VRS provider shall not contract with or otherwise authorize any third party to provide call center functions (including call distribution, call routing, call setup, mapping, call features, billing, and registration) on its behalf, unless that authorized third party also is an eligible provider. ( B ) An eligible VRS provider may contract with third parties to provide interpretation services for up to a maximum of the greater of: ( 1 ) Thirty percent (30%) of a VRS provider's total minutes for which compensation is paid in that month; or ( 2 ) Thirty percent (30%) of the provider's average projected monthly conversation minutes for the calendar year, according to the projections most recently filed with the TRS Fund administrator. ( C ) [Reserved] ( iv ) To the extent that an eligible VRS provider contracts with or otherwise authorizes a third party to provide any other services or functions related to the provision of VRS other than interpretation services or call center functions, that third party must not hold itself out as a provider of VRS, and must clearly identify the eligible VRS provider to the public. To the extent an eligible VRS provider contracts with or authorizes a third party to provide any services or functions related to marketing or outreach, and such services utilize VRS, those VRS minutes are not compensable on a per minute basis from the TRS fund. ( v ) All third-party contracts or agreements entered into by an eligible provider must be in writing. Copies of such agreements shall be made available to the Commission and to the TRS Fund administrator upon request. ( 2 ) Call center reports. VRS providers shall file a written report with the Commission and the TRS Fund administrator, on April 1st and October 1st of each year for each call center that handles VRS calls that the provider owns or controls, including centers located outside of the United States, that includes: ( i ) The complete street address of the center; ( ii ) The number of individual CAs and CA managers; and ( iii ) The name and contact information (phone number and email address) of the manager(s) at the center. VRS providers shall also file written notification with the Commission and the TRS Fund administrator of any change in a center's location, including the opening, closing, or relocation of any center, at least 30 days prior to any such change. ( iv ) [Reserved] ( 3 ) Compensation of CAs. VRS providers shall not compensate, give a preferential work schedule to, or otherwise benefit a CA, or an agency or other entity with which a VRS provider contracts for interpretation services, in any manner that is based upon the number of VRS session or conversation minutes or calls that a CA relays, either individually or as part of a group. ( 4 ) Remote training session calls. VRS calls to a remote training session or a comparable activity will not be compensable from the TRS Fund when the provider submitting minutes for such a call has been involved, in any manner, with such a training session. Such prohibited involvement includes training programs or comparable activities in which the provider or any affiliate or related party thereto, including but not limited to its subcontractors, partners, employees or sponsoring organizations or entities, has any role in arranging, scheduling, sponsoring, hosting, conducting or promoting such programs or activities. ( 5 ) Visual privacy screens/idle calls. A VRS CA may not enable a visual privacy screen or similar feature during a VRS call. A VRS CA must disconnect a VRS call if the caller or the called party to a VRS call enables a privacy screen or similar feature for more than five minutes or is otherwise unresponsive or unengaged for more than five minutes, unless the call is a 9-1-1 emergency call or the caller or called party is legitimately placed on hold and is present and waiting for active communications to commence. Prior to disconnecting the call, the CA must announce to both parties the intent to terminate the call and may reverse the decision to disconnect if one of the parties indicates continued engagement with the call. ( 6 ) International calls. VRS calls that originate from an international IP address will not be compensated, with the exception of calls made by a U.S. resident who has pre-registered with his or her default provider prior to leaving the country, during specified periods of time while on travel and from specified regions of travel, for which there is an accurate means of verifying the identity and location of such callers. For purposes of this section, an international IP address is defined as one that indicates that the individual initiating the call is located outside the United States. ( 7 ) At-home VRS call handling — ( i ) Limit on minutes handled. Beginning October 17, 2024, in any calendar month, a VRS provider authorized by the Commission to employ at-home CAs may be compensated for minutes handled from home workstations up to a maximum of the greater of: ( A ) Eighty percent (80%) of a VRS provider's total minutes for which compensation is paid in that month; or ( B ) Eighty percent (80%) of the provider's average projected monthly conversation minutes for the calendar year, according to the projections most recently filed with the TRS Fund administrator. ( ii ) Personnel safeguards. A VRS provider shall: ( A ) Allow a CA to work at home only if the CA is a qualified interpreter with at least one year of full-time or equivalent part-time professional interpreting experience, has the experience, skills, and knowledge necessary to effectively interpret VRS calls without in-person supervision, has learned the provider's protocols for at-home call handling, and understands and follows the TRS mandatory minimum standards set out in this section, except that any CAs working at home as of April 22, 2024 are not required to have at least one year of experience as long as they meet all other interpreter qualifications specified in this paragraph (d)(7)(ii)(A) ; and ( B ) Provide at-home CAs equivalent support to that provided to CAs working from call centers, including, where appropriate, the opportunity to team-interpret and consult with supervisors, and ensure that supervisors are readily available to resolve problems that may arise during a relay call. ( iii ) Technical and environmental safeguards. A VRS provider shall ensure that each home workstation enables the provision of confidential and uninterrupted service to the same extent as the provider's call centers and is seamlessly integrated into the provider's call routing, distribution, tracking, and support systems. Each home workstation shall: ( A ) Reside in a separate, secure workspace where access during working hours is restricted solely to the CA; ( B ) Allow a CA to use all call-handling technology to the same extent as call-center CAs; ( C ) Be capable of supporting VRS in compliance with the applicable mandatory minimum standards set out in this section to the same degree as at call centers; ( D ) Be equipped with an effective means to prevent eavesdropping and outside interruptions; and ( E ) Be connected to the provider's network over a secure connection to ensure caller privacy. ( iv ) Monitoring and oversight obligations. A VRS provider shall: ( A ) Inspect each home workstation and its home environment to confirm their compliance with paragraph (d)(7)(iii) of this section before activating the workstation for use; ( B ) Assign a unique workstation identification number to each VRS home workstation; ( C ) Equip each home workstation with monitoring technology sufficient to ensure that off-site supervision approximates the level of supervision at the provider's call center and regularly analyze the records and data produced by such monitoring to proactively address possible waste, fraud, and abuse; ( D ) Keep all records pertaining to home workstations, except records of the content of interpreted conversations, for a minimum of five years; and ( E ) Conduct random and unannounced inspections of at least five percent (5%) of all home workstations, including their home environments, in each 12-month period. ( v ) Commission audits and inspections. Home workstations and workstation records shall be subject to review, audit, and inspection by the Commission and the TRS Fund administrator and unannounced on-site inspections by the Commission to the same extent as call centers and call center records subject to the rules in this chapter. ( vi ) Monthly reports. With its monthly requests for compensation, a VRS provider employing at-home CAs shall report the following information to the TRS Fund administrator for each home workstation: ( A ) The home workstation identification number and full street address (number, street, city, State, and zip code); ( B ) The CA identification number of each individual handling VRS calls from that home workstation; and ( C ) The call center identification number, street address, and name of supervisor of the call center responsible for oversight of that workstation. ( 8 ) Discrimination and preferences. A VRS provider shall not: ( i ) Directly or indirectly, by any means or device, engage in any unjust or unreasonable discrimination related to practices, facilities, or services for or in connection with like relay service, ( ii ) Engage in or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or ( iii ) Subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage. ( e ) Other standards. The applicable requirements of § 9.14 of this chapter and §§ 64.611 , 64.615 , 64.621 , 64.631 , 64.632 , 64.5105 , 64.5107 , 64.5108 , 64.5109 , and 64.5110 are to be considered mandatory minimum standards. [ 65 FR 38436 , June 21, 2000] Editorial Note Editorial Note: For Federal Register citations affecting § 64.604 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 64.605 [Reserved] § 64.606 Internet-based TRS provider and TRS program certification. ( a ) Documentation — ( 1 ) Certified state program. Any state, through its office of the governor or other delegated executive office empowered to provide TRS, desiring to establish a state program under this section shall submit documentation to the Commission addressed to the Federal Communications Commission, Chief, Consumer and Governmental Affairs Bureau, TRS Certification Program, Washington, DC 20554, and captioned “TRS State Certification Application.” All documentation shall be submitted in narrative form, shall clearly describe the state program for implementing intrastate TRS, and the procedures and remedies for enforcing any requirements imposed by the state program. The Commission shall give public notice of state applications for certification. ( 2 ) Internet-based TRS provider. Any entity desiring to provide Internet-based TRS and to receive compensation from the Interstate TRS Fund, shall submit documentation to the Commission addressed to the Federal Communications Commission, Chief, Consumer and Governmental Affairs Bureau, TRS Certification Program, Washington, DC 20554, and captioned “Internet-based TRS Certification Application.” The documentation shall include, in narrative form: ( i ) A description of the forms of Internet-based TRS to be provided ( i.e., VRS, IP Relay, and/or IP captioned telephone relay service); ( ii ) A detailed description of how the applicant will meet all non-waived mandatory minimum standards applicable to each form of TRS offered, including documentary and other evidence, and in the case of VRS, such documentary and other evidence shall demonstrate that the applicant leases, licenses or has acquired its own facilities and operates such facilities associated with TRS call centers and employs communications assistants, on a full or part-time basis, to staff such call centers at the date of the application. Such evidence shall include, but not be limited to: ( A ) In the case of VRS applicants or providers, ( 1 ) Operating five or fewer call centers within the United States, a copy of each deed or lease for each call center operated by the applicant within the United States; ( 2 ) Operating more than five call centers within the United States, a copy of each deed or lease for a representative sampling (taking into account size (by number of communications assistants) and location) of five call centers operated by the applicant within the United States, together with a list of all other call centers that they operate that includes the information required under § 64.604(d)(2) . ( 3 ) Operating call centers outside of the United States, a copy of each deed or lease for each call center operated by the applicant outside of the United States; ( 4 ) A description of the technology and equipment used to support their call center functions—including, but not limited to, automatic call distribution, routing, call setup, mapping, call features, billing for compensation from the TRS Fund, and registration—and for each core function of each call center for which the applicant must provide a copy of technology and equipment proofs of purchase, leases or license agreements in accordance with paragraphs (a)(2)(ii)(A)( 5 ) through ( 7 ) of this section, a statement whether such technology and equipment is owned, leased or licensed (and from whom if leased or licensed); ( 5 ) Operating five or fewer call centers within the United States, a copy of each proof of purchase, lease or license agreement for all technology and equipment used to support their call center functions for each call center operated by the applicant within the United States; ( 6 ) Operating more than five call centers within the United States, a copy of each proof of purchase, lease or license agreement for technology and equipment used to support their call center functions for a representative sampling (taking into account size (by number of communications assistants) and location) of five call centers operated by the applicant within the United States; a copy of each proof of purchase, lease or license agreement for technology and equipment used to support their call center functions for all call centers operated by the applicant within the United States must be retained by the applicant for three years from the date of the application, and submitted to the Commission upon request; ( 7 ) Operating call centers outside of the United States, a copy of each proof of purchase, lease or license agreement for all technology and equipment used to support their call center functions for each call center operated by the applicant outside of the United States; and ( 8 ) A complete copy of each lease or license agreement for automatic call distribution. ( B ) For all applicants, a list of individuals or entities that hold at least a 10 percent equity interest in the applicant, have the power to vote 10 percent or more of the securities of the applicant, or exercise de jure or de facto control over the applicant, a description of the applicant's organizational structure, and the names of its executives, officers, members of its board of directors, general partners (in the case of a partnership), and managing members (in the case of a limited liability company); ( C ) For all applicants, a list of the number of applicant's full-time and part-time employees involved in TRS operations, including and divided by the following positions: executives and officers; video phone installers (in the case of VRS), communications assistants, and persons involved in marketing and sponsorship activities; ( D ) For all applicants, copies of employment agreements for all of the provider's employees directly involved in TRS operations, executives, and communications assistants, and a list of names of employees directly involved in TRS operations, need not be submitted with the application, but must be retained by the applicant for five years from the date of application, and submitted to the Commission upon request; and ( E ) For all applicants, a list of all sponsorship arrangements relating to Internet-based TRS, including on that list a description of any associated written agreements; copies of all such arrangements and agreements must be retained by the applicant for three years from the date of the application, and submitted to the Commission upon request; ( F ) In the case of applicants to provide IP CTS or IP CTS providers, a description of measures taken by such applicants or providers to ensure that they do not and will not request or collect payment from the TRS Fund for service to consumers who do not satisfy the registration and certification requirements in § 64.604(c)(9) , and an explanation of how these measures provide such assurance. ( iii ) A description of the provider's complaint procedures; and ( iv ) A statement that the provider will file annual compliance reports demonstrating continued compliance with these rules. ( v ) The chief executive officer (CEO), chief financial officer (CFO), or other senior executive of an applicant for Internet-based TRS certification under this section with first hand knowledge of the accuracy and completeness of the information provided, when submitting an application for certification under paragraph (a)(2) of this section, must certify as follows: I swear under penalty of perjury that I am ________(name and title), ________an officer of the above-named applicant, and that I have examined the foregoing submissions, and that all information required under the Commission's rules and orders has been provided and all statements of fact, as well as all documentation contained in this submission, are true, accurate, and complete. ( 3 ) Assessment of internet-based TRS provider certification application. In order to assess the merits of a certification application submitted by an Internet-based TRS provider, the Commission may conduct one or more on-site visits of the applicant's premises, to which the applicant must consent. ( 4 ) At-home VRS call handling. An applicant for initial VRS certification that desires to provide at-home VRS call handling shall include a detailed plan describing how the VRS provider will ensure compliance with the requirements of § 64.604(d)(7) . ( b ) ( 1 ) Requirements for state certification. After review of state documentation, the Commission shall certify, by letter, or order, the state program if the Commission determines that the state certification documentation: ( i ) Establishes that the state program meets or exceeds all operational, technical, and functional minimum standards contained in § 64.604 ; ( ii ) Establishes that the state program makes available adequate procedures and remedies for enforcing the requirements of the state program, including that it makes available to TRS users informational materials on state and Commission complaint procedures sufficient for users to know the proper procedures for filing complaints; and ( iii ) Where a state program exceeds the mandatory minimum standards contained in § 64.604 , the state establishes that its program in no way conflicts with federal law. ( 2 ) Requirements for Internet-based TRS Provider FCC certification. After review of certification documentation, the Commission shall certify, by Public Notice, that the Internet-based TRS provider is eligible for compensation from the Interstate TRS Fund if the Commission determines that the certification documentation: ( i ) Establishes that the provision of Internet-based TRS will meet or exceed all non-waived operational, technical, and functional minimum standards contained in § 64.604 ; ( ii ) Establishes that the Internet-based TRS provider makes available adequate procedures and remedies for ensuring compliance with the requirements of this section and the mandatory minimum standards contained in § 64.604 , including that it makes available for TRS users informational materials on complaint procedures sufficient for users to know the proper procedures for filing complaints. ( c ) ( 1 ) State certification period. State certification shall remain in effect for five years. One year prior to expiration of certification, a state may apply for renewal of its certification by filing documentation as prescribed by paragraphs (a) and (b) of this section. ( 2 ) Internet-based TRS Provider FCC certification period. Certification granted under this section shall remain in effect for five years. An Internet-based TRS provider applying for renewal of its certification must file documentation with the Commission containing the information described in paragraph (a)(2) of this section at least 90 days prior to expiration of its certification. ( d ) Method of funding. Except as provided in § 64.604 , the Commission shall not refuse to certify a state program based solely on the method such state will implement for funding intrastate TRS, but funding mechanisms, if labeled, shall be labeled in a manner that promote national understanding of TRS and do not offend the public. ( e ) ( 1 ) Suspension or revocation of state certification. The Commission may suspend or revoke such certification if, after notice and opportunity for hearing, the Commission determines that such certification is no longer warranted. In a state whose program has been suspended or revoked, the Commission shall take such steps as may be necessary, consistent with this subpart, to ensure continuity of TRS. The Commission may, on its own motion, require a certified state program to submit documentation demonstrating ongoing compliance with the Commission's minimum standards if, for example, the Commission receives evidence that a state program may not be in compliance with the minimum standards. ( 2 ) Suspension or revocation of Internet-based TRS Provider FCC certification. The Commission may suspend or revoke the certification of an Internet-based TRS provider if, after notice and opportunity for hearing, the Commission determines that such certification is no longer warranted. The Commission may, on its own motion, require a certified Internet-based TRS provider to submit documentation demonstrating ongoing compliance with the Commission's minimum standards if, for example, the Commission receives evidence that a certified Internet-based TRS provider may not be in compliance with the minimum standards. ( f ) Notification of substantive change. ( 1 ) States must notify the Commission of substantive changes in their TRS programs within 60 days of when they occur, and must certify that the state TRS program continues to meet federal minimum standards after implementing the substantive change. ( 2 ) VRS and IP Relay providers certified under this section must notify the Commission of substantive changes in their TRS programs, services, and features within 60 days of when such changes occur, and must certify that the interstate TRS provider continues to meet Federal minimum standards after implementing the substantive change. Substantive changes shall include, but not be limited to: ( i ) The use of new equipment or technologies to facilitate the manner in which relay services are provided; ( ii ) Providing services from a new facility not previously identified to the Commission or the Fund administrator; and ( iii ) Discontinuation of service from any facility. ( g ) Internet-based TRS providers certified under this section shall file with the Commission, on an annual basis, a report demonstrating that they are in compliance with § 64.604 . ( 1 ) Such reports must update the information required in paragraph (a)(2) of this section and include updated documentation and a summary of the updates, or certify that there are no changes to the information and documentation submitted with the application for certification, application for renewal of certification, or the most recent annual report, as applicable. ( 2 ) The chief executive officer (CEO), chief financial officer (CFO), or other senior executive of an Internet-based TRS provider under this section with first hand knowledge of the accuracy and completeness of the information provided, when submitting an annual report under paragraph (g) of this section, must, with each such submission, certify as follows: I swear under penalty of perjury that I am __________________ (name and title), an officer of the above-named reporting entity, and that I have examined the foregoing submissions, and that all information required under the Commission's rules and orders has been provided and all statements of fact, as well as all documentation contained in this submission, are true, accurate, and complete. ( 3 ) Each VRS provider shall include within its annual report a compliance plan describing the provider's policies, procedures, and practices for complying with the requirements of § 64.604(c)(13) of this subpart . Such compliance plan shall include, at a minimum: ( i ) Identification of any officer(s) or managerial employee(s) responsible for ensuring compliance with § 64.604(c)(13) of this subpart ; ( ii ) A description of any compliance training provided to the provider's officers, employees, and contractors; ( iii ) Identification of any telephone numbers, Web site addresses, or other mechanisms available to employees for reporting abuses; ( iv ) A description of any internal audit processes used to ensure the accuracy and completeness of minutes submitted to the TRS Fund administrator; and ( v ) A description of all policies and practices that the provider is following to prevent waste, fraud, and abuse of the TRS Fund. A provider that fails to file a compliance plan shall not be entitled to compensation for the provision of VRS during the period of noncompliance. ( 4 ) If, at any time, the Commission determines that a VRS provider's compliance plan currently on file is inadequate to prevent waste, fraud, and abuse of the TRS Fund, the Commission shall so notify the provider, shall explain the reasons the plan is inadequate, and shall direct the provider to correct the identified defects and submit an amended compliance plan reflecting such correction within a specified time period not to exceed 60 days. A provider that fails to comply with such directive shall not be entitled to compensation for the provision of VRS during the period of noncompliance. A submitted compliance plan shall not be prima facie evidence of the plan's adequacy; nor shall it be evidence that the provider has fulfilled its obligations under § 64.604(c)(13) of this subpart . ( 5 ) If a VRS provider is authorized to provide at-home call handling, its annual compliance report shall include the following information: ( i ) The total number of CAs handling VRS calls from home workstations over the preceding year; ( ii ) The number of 911 calls handled by the provider's home workstations; ( iii ) The total number of complaints, if any, submitted to the provider regarding its at-home call handling program or calls handled by at-home CAs; and ( iv ) A description of any substantive changes in the VRS provider's currently effective at-home call-handling compliance plan. ( h ) Unauthorized service interruptions. ( 1 ) Each certified VRS provider must provide Internet-based TRS without unauthorized voluntary service interruptions. ( 2 ) A VRS provider seeking to voluntarily interrupt service for a period of 30 minutes or more in duration must first obtain Commission authorization by submitting a written request to the Commission's Consumer and Governmental Affairs Bureau (CGB) at least 60 days prior to any planned service interruption, with detailed information of: ( i ) Its justification for such interruption; ( ii ) Its plan to notify customers about the impending interruption; and ( iii ) Its plans for resuming service, so as to minimize the impact of such disruption on consumers through a smooth transition of temporary service to another provider, and restoration of its service at the completion of such interruption. CGB will grant or deny such a request and provide a response to the provider at least 35 days prior to the proposed interruption, in order to afford an adequate period of notification to consumers. In evaluating such a request, CGB will consider such factors as the length of time of the proposed interruption, the reason for such interruption, the frequency with which such requests have been made by the provider in the past, the potential impact of the interruption on consumers, and the provider's plans for a smooth service restoration. ( 3 ) In the event of an unforeseen service interruption due to circumstances beyond an Internet-based TRS service provider's control, or in the event of a VRS provider's voluntary service interruption of less than 30 minutes in duration, the provider must submit a written notification to CGB within two business days of the commencement of the service interruption, with an explanation of when and how the provider has restored service or the provider's plan to do so imminently. In the event the provider has not restored service at the time such report is filed, the provider must submit a second report within two business days of the restoration of service with an explanation of when and how the provider has restored service. The provider also must provide notification of service outages covered by this paragraph to consumers on an accessible Web site, and that notification of service status must be updated in a timely manner. ( 4 ) A VRS provider that fails to obtain prior Commission authorization for a voluntary service interruption or fails to provide written notification after a voluntary service interruption of less than 30 minutes in duration, or an Internet-based TRS provider that fails to provide written notification after the commencement of an unforeseen service interruption due to circumstances beyond the provider's control in accordance with this subsection, may be subject to revocation of certification, suspension of payment from the TRS Fund, or other enforcement action by the Commission, as appropriate. [ 70 FR 76215 , Dec. 23, 2005. Redesignated at 73 FR 21259 , Apr. 21, 2008; 76 FR 24402 , May 2, 2011; 76 FR 47474 , 47477 , Aug. 5, 2011; 76 FR 67073 , Oct. 31, 2011; 77 FR 33662 , June 7, 2012; 78 FR 40608 , July 5, 2013; 78 FR 53694 , Aug. 30, 2013; 82 FR 39683 , Aug. 22, 2017; 85 FR 27313 , May 8, 2020; 86 FR 10846 , Feb. 23, 2021] § 64.607 Furnishing related customer premises equipment. ( a ) Any communications common carrier may provide, under tariff, customer premises equipment (other than hearing aid compatible telephones as defined in part 68 of this chapter , needed by persons with hearing, speech, vision or mobility disabilities. Such equipment may be provided to persons with those disabilities or to associations or institutions who require such equipment regularly to communicate with persons with disabilities. Examples of such equipment include, but are not limited to, artificial larynxes, bone conductor receivers and TTs. ( b ) Any carrier which provides telecommunications devices for persons with hearing and/or speech disabilities, whether or not pursuant to tariff, shall respond to any inquiry concerning: ( 1 ) The availability (including general price levels) of TTs using ASCII, Baudot, or both formats; and ( 2 ) The compatibility of any TT with other such devices and computers. [ 56 FR 36731 , Aug. 1, 1991, as amended at 72 FR 43560 , Aug. 6, 2007; 73 FR 21252 , Apr. 21, 2008. Redesignated at 73 FR 21259 , Apr. 21, 2008; 89 FR 20133 , Mar. 21, 2024] § 64.608 Provision of hearing aid compatible telephones by exchange carriers. In the absence of alternative suppliers in an exchange area, an exchange carrier must provide a hearing aid compatible telephone, as defined in § 68.316 of this chapter , and provide related installation and maintenance services for such telephones on a detariffed basis to any customer with a hearing disability who requests such equipment or services. [ 61 FR 42185 , Aug. 14, 1996. Redesignated at 73 FR 21259 , Apr. 21, 2008] § 64.609 Enforcement of related customer premises equipment rules. Enforcement of §§ 64.607 and 64.608 is delegated to those state public utility or public service commissions which adopt those sections and provide for their enforcement. Subpart G—Furnishing of Enhanced Services and Customer-Premises Equipment by Communications Common Carriers [ 56 FR 36731 , Aug. 1, 1991. Redesignated and amended at 73 FR 21259 , Apr. 21, 2008] § 64.610 Establishment of a National Deaf-Blind Equipment Distribution Program. ( a ) The National Deaf-Blind Equipment Distribution Program (NDBEDP) is established as a pilot program to distribute specialized customer premises equipment (CPE) used for telecommunications service, Internet access service, and advanced communications, including interexchange services and advanced telecommunications and information services, to low-income individuals who are deaf-blind. The duration of this pilot program will be two years, with a Commission option to extend such program for an additional year. ( b ) Certification to receive funding. For each state, the Commission will certify a single program as the sole authorized entity to participate in the NDBEDP and receive reimbursement for its program's activities from the Interstate Telecommunications Relay Service Fund (TRS Fund). Such entity will have full oversight and responsibility for distributing equipment and providing related services in that state, either directly or through collaboration, partnership, or contract with other individuals or entities in-state or out-of-state, including other NDBEDP certified programs. ( 1 ) Any state with an equipment distribution program (EDP) may have its EDP apply to the Commission for certification as the sole authorized entity for the state to participate in the NDBEDP and receive reimbursement for its activities from the TRS Fund. ( 2 ) Other public programs, including, but not limited to, vocational rehabilitation programs, assistive technology programs, or schools for the deaf, blind or deaf-blind; or private entities, including but not limited to, organizational affiliates, independent living centers, or private educational facilities, may apply to the Commission for certification as the sole authorized entity for the state to participate in the NDBEDP and receive reimbursement for its activities from the TRS Fund. ( 3 ) The Commission shall review applications and determine whether to grant certification based on the ability of a program to meet the following qualifications, either directly or in coordination with other programs or entities, as evidenced in the application and any supplemental materials, including letters of recommendation: ( i ) Expertise in the field of deaf-blindness, including familiarity with the culture and etiquette of people who are deaf-blind, to ensure that equipment distribution and the provision of related services occurs in a manner that is relevant and useful to consumers who are deaf-blind; ( ii ) The ability to communicate effectively with people who are deaf-blind (for training and other purposes), by among other things, using sign language, providing materials in Braille, ensuring that information made available online is accessible, and using other assistive technologies and methods to achieve effective communication; ( iii ) Staffing and facilities sufficient to administer the program, including the ability to distribute equipment and provide related services to eligible individuals throughout the state, including those in remote areas; ( iv ) Experience with the distribution of specialized CPE, especially to people who are deaf-blind; ( v ) Experience in how to train users on how to use the equipment and how to set up the equipment for its effective use; and ( vi ) Familiarity with the telecommunications, Internet access, and advanced communications services that will be used with the distributed equipment. ( c ) Definitions. For purposes of this section, the following definitions shall apply: ( 1 ) Equipment. Hardware, software, and applications, whether separate or in combination, mainstream or specialized, needed by an individual who is deaf-blind to achieve access to telecommunications service, Internet access service, and advanced communications, including interexchange services and advanced telecommunications and information services, as these services have been defined by the Communications Act. ( 2 ) Individual who is deaf-blind. ( i ) Any person: ( A ) Who has a central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than 20 degrees, or a progressive visual loss having a prognosis leading to one or both these conditions; ( B ) Who has a chronic hearing impairment so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and ( C ) For whom the combination of impairments described in clauses (c)(2)(i)(A) and (B) of this section cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining a vocation. ( ii ) The definition in this paragraph also includes any individual who, despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints, or both, can be determined through functional and performance assessment to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining vocational objectives. An applicant's functional abilities with respect to using telecommunications, Internet access, and advanced communications services in various environments shall be considered when determining whether the individual is deaf-blind under clauses (c)(2)(i)(B) and (C) of this section. ( d ) Eligibility criteria ( 1 ) Verification of disability. Individuals claiming eligibility under the NDBEDP must provide verification of disability from a professional with direct knowledge of the individual's disability. ( i ) Such professionals may include, but are not limited to, community-based service providers, vision or hearing related professionals, vocational rehabilitation counselors, educators, audiologists, speech pathologists, hearing instrument specialists, and medical or health professionals. ( ii ) Such professionals must attest, either to the best of their knowledge or under penalty of perjury, that the applicant is an individual who is deaf-blind (as defined in 47 CFR 64.610(b) ). Such professionals may also include, in the attestation, information about the individual's functional abilities to use telecommunications, Internet access, and advanced communications services in various settings. ( iii ) Existing documentation that a person is deaf-blind, such as an individualized education program (IEP) or a statement from a public or private agency, such as a Social Security determination letter, may serve as verification of disability. ( iv ) The verification of disability must include the attesting professional's name, title, and contact information, including address, phone number, and e-mail address. ( 2 ) Verification of low income status. An individual claiming eligibility under the NDBEDP must provide verification that he or she has an income that does not exceed 400 percent of the Federal Poverty Guidelines as defined at 42 U.S.C. 9902(2) or that he or she is enrolled in a federal program with a lesser income eligibility requirement, such as the Federal Public Housing Assistance or Section 8; Supplemental Nutrition Assistance Program, formerly known as Food Stamps; Low Income Home Energy Assistance Program; Medicaid; National School Lunch Program's free lunch program; Supplemental Security Income; or Temporary Assistance for Needy Families. The NDBEDP Administrator may identify state or other federal programs with income eligibility thresholds that do not exceed 400 percent of the Federal Poverty Guidelines for determining income eligibility for participation in the NDBEDP. Where an applicant is not already enrolled in a qualifying low-income program, low-income eligibility may be verified by the certified program using appropriate and reasonable means. ( 3 ) Prohibition against requiring employment. No program certified under the NDBEDP may impose a requirement for eligibility in this program that an applicant be employed or actively seeking employment. ( 4 ) Access to communications services. A program certified under the NDBEDP may impose, as a program eligibility criterion, a requirement that telecommunications, Internet access, or advanced communications services are available for use by the applicant. ( e ) Equipment distribution and related services. ( 1 ) Each program certified under the NDBEDP must: ( i ) Distribute specialized CPE and provide related services needed to make telecommunications service, Internet access service, and advanced communications, including interexchange services or advanced telecommunications and information services, accessible to individuals who are deaf-blind; ( ii ) Obtain verification that NDBEDP applicants meet the definition of an individual who is deaf-blind contained in 47 CFR 64.610(c)(1) and the income eligibility requirements contained in 47 CFR 64.610(d)(2) ; ( iii ) When a recipient relocates to another state, permit transfer of the recipient's account and any control of the distributed equipment to the new state's certified program; ( iv ) Permit transfer of equipment from a prior state, by that state's NDBEDP certified program; [Reserved] ( v ) Prohibit recipients from transferring equipment received under the NDBEDP to another person through sale or otherwise; ( vi ) Conduct outreach, in accessible formats, to inform their state residents about the NDBEDP, which may include the development and maintenance of a program Web site; ( vii ) Engage an independent auditor to perform annual audits designed to detect and prevent fraud, waste, and abuse, and submit, as necessary, to audits arranged by the Commission, the Consumer and Governmental Affairs Bureau, the NDBEDP Administrator, or the TRS Fund Administrator for such purpose; ( viii ) Retain all records associated with the distribution of equipment and provision of related services under the NDBEDP for two years following the termination of the pilot program; and ( ix ) Comply with the reporting requirements contained in 47 CFR 64.610(g) . ( 2 ) Each program certified under the NDBEDP may not: ( i ) Impose restrictions on specific brands, models or types of communications technology that recipients may receive to access the communications services covered in this section; ( ii ) Disable or otherwise intentionally make it difficult for recipients to use certain capabilities, functions, or features on distributed equipment that are needed to access the communications services covered in this section, or direct manufacturers or vendors of specialized CPE to disable or make it difficult for recipients to use certain capabilities, functions, or features on distributed equipment that are needed to access the communications services covered in this section; or ( iii ) Accept any type of financial arrangement from equipment vendors that could incentivize the purchase of particular equipment. ( f ) Payments to NDBEDP certified programs. ( 1 ) Programs certified under the NDBEDP shall be reimbursed for the cost of equipment that has been distributed to eligible individuals and authorized related services, up to the state's funding allotment under this program as determined by the Commission or any entity authorized to act for the Commission on delegated authority. ( 2 ) Within 30 days after the end of each six-month period of the Fund Year, each program certified under the NDBEDP pilot must submit documentation that supports its claim for reimbursement of the reasonable costs of the following: ( i ) Equipment and related expenses, including maintenance, repairs, warranties, returns, refurbishing, upgrading, and replacing equipment distributed to consumers; ( ii ) Individual needs assessments; ( iii ) Installation of equipment and individualized consumer training; ( iv ) Maintenance of an inventory of equipment that can be loaned to the consumer during periods of equipment repair; ( v ) Outreach efforts to inform state residents about the NDBEDP; and ( vi ) Administration of the program, but not to exceed 15 percent of the total reimbursable costs for the distribution of equipment and related services permitted under the NDBEDP. ( 3 ) With each request for payment, the chief executive officer, chief financial officer, or other senior executive of the certified program, such as a manager or director, with first-hand knowledge of the accuracy and completeness of the claim in the request, must certify as follows: I swear under penalty of perjury that I am (name and title), an officer of the above-named reporting entity and that I have examined all cost data associated with equipment and related services for the claims submitted herein, and that all such data are true and an accurate statement of the affairs of the above-named certified program. ( g ) Reporting requirements. ( 1 ) Each program certified under the NDBEDP must submit the following data electronically to the Commission, as instructed by the NDBEDP Administrator, every six months, commencing with the start of the pilot program: ( i ) For each piece of equipment distributed, the identity of and contact information, including street and e-mail addresses, and phone number, for the individual receiving that equipment; ( ii ) For each piece of equipment distributed, the identity of and contact information, including street and e-mail addresses, and phone number, for the individual attesting to the disability of the individual who is deaf-blind; ( iii ) For each piece of equipment distributed, its name, serial number, brand, function, and cost, the type of communications service with which it is used, and the type of relay service it can access; ( iv ) For each piece of equipment distributed, the amount of time, following any assessment conducted, that the requesting individual waited to receive that equipment; ( v ) The cost, time and any other resources allocated to assessing an individual's equipment needs; ( vi ) The cost, time and any other resources allocated to installing equipment and training deaf-blind individuals on using equipment; ( vii ) The cost, time and any other resources allocated to maintain, repair, cover under warranty, and refurbish equipment; ( viii ) The cost, time and any other resources allocated to outreach activities related to the NDBEDP, and the type of outreach efforts undertaken; ( ix ) The cost, time and any other resources allocated to upgrading the distributed equipment, along with the nature of such upgrades; ( x ) To the extent that the program has denied equipment requests made by their deaf-blind residents, a summary of the number and types of equipment requests denied and reasons for such denials; ( xi ) To the extent that the program has received complaints related to the program, a summary of the number and types of such complaints and their resolution; and ( xii ) The number of qualified applicants on waiting lists to receive equipment. ( 2 ) With each report, the chief executive officer, chief financial officer, or other senior executive of the certified program, such as a director or manager, with first-hand knowledge of the accuracy and completeness of the information provided in the report, must certify as follows: I swear under penalty of perjury that I am (name and title), an officer of the above-named reporting entity and that I have examined the foregoing reports and that all requested information has been provided and all statements of fact are true and an accurate statement of the affairs of the above-named certified program. ( h ) Administration of the program. The Consumer and Governmental Affairs Bureau shall designate a Commission official as the NDBEDP Administrator. ( 1 ) The NDBEDP Administrator will work in collaboration with the TRS Fund Administrator, and be responsible for: ( i ) Reviewing program applications received from state EDPs and alternate entities and certifying those that qualify to participate in the program; ( ii ) Allocating NDBEDP funding as appropriate and in consultation with the TRS Fund Administrator; ( iii ) Reviewing certified program submissions for reimbursement of costs under the NDBEDP, in consultation with the TRS Fund Administrator; ( iv ) Working with Commission staff to establish and maintain an NDBEDP Web site, accessible to individuals with disabilities, that includes contact information for certified programs by state and links to their respective Web sites, if any, and overseeing other outreach efforts that may be undertaken by the Commission; ( v ) Obtaining, reviewing, and evaluating reported data for the purpose of assessing the pilot program and determining best practices; ( vi ) Conferring with stakeholders, jointly or separately, during the course of the pilot program to obtain input and feedback on, among other things, the effectiveness of the pilot program, new technologies, equipment and services that are needed, and suggestions for the permanent program; ( vii ) Working with Commission staff to adopt permanent rules for the NDBEDP; and ( viii ) Serving as the Commission point of contact for the NDBEDP, including responding to inquiries from certified programs and consumer complaints filed directly with the Commission. ( 2 ) The TRS Fund Administrator, as directed by the NDBEDP Administrator, shall have responsibility for: ( i ) Reviewing cost submissions and releasing funds for equipment that has been distributed and authorized related services, including outreach efforts; ( ii ) Releasing funds for other authorized purposes, as requested by the Commission or the Consumer and Governmental Affairs Bureau; and ( iii ) Collecting data as needed for delivery to the Commission and the NDBEDP Administrator. ( i ) Whistleblower protections. ( 1 ) NDBEDP certified programs shall permit, without reprisal in the form of an adverse personnel action, purchase or contract cancellation or discontinuance, eligibility disqualification, or otherwise, any current or former employee, agent, contractor, manufacturer, vendor, applicant, or recipient, to disclose to a designated official of the certified program, the NDBEDP Administrator, the TRS Fund Administrator, the Commission's Office of Inspector General, or to any federal or state law enforcement entity, any known or suspected violations of the Act or Commission rules, or any other activity that the reporting person reasonably believes to be unlawful, wasteful, fraudulent, or abusive, or that otherwise could result in the improper distribution of equipment, provision of services, or billing to the TRS Fund. ( 2 ) NDBEDP certified programs shall include these whistleblower protections with the information they provide about the program in any employee handbooks or manuals, on their Web sites, and in other appropriate publications. ( j ) Suspension or revocation of certification. ( 1 ) The Commission may suspend or revoke NDBEDP certification if, after notice and opportunity for hearing, the Commission determines that such certification is no longer warranted. ( 2 ) In the event of suspension or revocation, the Commission shall take such steps as may be necessary, consistent with this subpart, to ensure continuity of the NDBEDP for the state whose program has been suspended or revoked. ( 3 ) The Commission may, at its discretion and on its own motion, require a certified program to submit documentation demonstrating ongoing compliance with the Commission's rules if, for example, the Commission receives evidence that a state program may not be in compliance with those rules. ( k ) Expiration of rules. These rules will expire at the termination of the NDBEDP pilot program. [ 76 FR 26647 , May 9, 2011; 76 FR 31261 , May 31, 2011] § 64.611 Internet-based TRS registration. ( a ) Default provider registration. Every provider of VRS or IP Relay must, no later than December 31, 2008, provide users with the capability to register with that VRS or IP Relay provider as a “default provider.” Upon a user's registration, the VRS or IP Relay provider shall: ( 1 ) Either: ( i ) Facilitate the user's valid number portability request as set forth in 47 CFR 52.34 ; or, if the user does not wish to port a number, ( ii ) Assign that user a geographically appropriate North American Numbering Plan telephone number; and ( 2 ) Route and deliver all of that user's inbound and outbound calls unless the user chooses to place a call with, or receives a call from, an alternate provider. ( 3 ) Certification of eligibility of VRS users. ( i ) A VRS provider seeking compensation from the TRS Fund for providing VRS to a particular user registered with that provider must first obtain a written certification from the user, attesting that the user is eligible to use VRS. ( ii ) The certification required by paragraph (a)(3)(i) of this section must include the user's attestation that: ( A ) The user has a hearing or speech disability; and ( B ) The user understands that the cost of VRS calls is paid for by contributions from other telecommunications users to the TRS Fund. ( iii ) The certification required by paragraph (a)(3)(i) of this section must be made on a form separate from any other agreement or form, and must include a separate user signature specific to the certification. For the purposes of this rule, an electronic signature, defined by the Electronic Signatures in Global and National Commerce Act, as an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record, has the same legal effect as a written signature. For the purposes of this rule, an electronic record, defined by the Electronic Signatures in Global and National Commerce Act as a contract or other record created, generated, sent, communicated, received, or stored by electronic means, constitutes a record. ( iv ) Each VRS provider shall maintain the confidentiality of any registration and certification information obtained by the provider, and may not disclose such registration and certification information or the content of such registration and certification information except as required by law or regulation. ( v ) VRS providers must, for existing registered Internet-based TRS users, submit the certification required by paragraph (a)(3)(i) of this section to the TRS User Registration Database within 60 days of notice from the Managing Director that the TRS User Registration Database is ready to accept such information. ( vi ) When registering a user that is transferring service from another VRS provider, VRS providers shall obtain and submit a properly executed certification if a query of the TRS User Registration Database shows a properly executed certification has not been filed. ( vii ) VRS providers shall require their CAs to terminate any call which does not involve an individual eligible to use VRS due to a hearing or speech disability or, pursuant to the provider's policies, the call does not appear to be a legitimate VRS call, and VRS providers may not seek compensation for such calls from the TRS Fund. ( 4 ) TRS User Registration Database Information Requirements for VRS. Each VRS provider shall collect and transmit to the TRS User Registration Database, in a format prescribed by the administrator of the TRS User Registration Database, the following information for each of its new and existing registered internet-based TRS users: Full name; address; ten-digit telephone number assigned in the TRS numbering directory; last four digits of the social security number or Tribal Identification number, if the registered internet-based TRS user is a member of a Tribal nation and does not have a social security number; date of birth; Registered Location; VRS provider name and dates of service initiation and termination; a digital copy of the user's self-certification of eligibility for VRS and the date obtained by the provider; the date on which the user's identification was verified; and (for existing users only) the date on which the registered internet-based TRS user last placed a point-to-point or relay call. ( i ) Each VRS provider must obtain, from each new and existing registered internet-based TRS user, consent to transmit the registered internet-based TRS user's information to the TRS User Registration Database. Prior to obtaining consent, the VRS provider must describe to the registered internet-based TRS user, using clear, easily understood language, the specific information being transmitted, that the information is being transmitted to the TRS User Registration Database to ensure proper administration of the TRS program, and that failure to provide consent will result in the registered internet-based TRS user being denied service. VRS providers must obtain and keep a record of affirmative acknowledgment by every registered internet-based TRS user of such consent. ( ii ) VRS providers must, for existing registered internet-based TRS users, submit the information in paragraph (a)(3) of this section to the TRS User Registration Database within 60 days of notice from the Commission that the TRS User Registration Database is ready to accept such information. Calls from or to existing registered internet-based TRS users that have not had their information populated in the TRS User Registration Database within 60 days of notice from the Commission that the TRS User Registration Database is ready to accept such information shall not be compensable. ( iii ) VRS providers must submit the information in the introductory text of paragraph (a)(4) of this section upon initiation of service for users registered after 60 days of notice from the Commission that the TRS User Registration Database is ready to accept such information. VRS providers may provide service to such users for up to two weeks after the user's registration information has been submitted to the TRS User Registration Database pending verification of the user's identity. After the user's identity is verified by the Database administrator, VRS providers may seek TRS Fund compensation for calls handled during such pre-verification period of up to two weeks. ( iv ) If a VRS user's registration data submitted pursuant to paragraph (a)(4)(iii) of this section is not verified by the TRS User Registration Database administrator within two weeks after submission, the VRS provider shall hold the assigned number for up to 30 days or the pendency of an appeal, whichever is later, pending the outcome of any further efforts to complete verification, before returning the number to inactive status or assigning it to another user. If a VRS user's identity is verified within such 30-day period, or during the pendency of an appeal, whichever is later, the administrator may enter the number into the Database (and the TRS Numbering Directory) as assigned to that user. ( 5 ) Assignment of iTRS Numbers to Hearing Point-to-Point Video Users. ( i ) Before assigning an iTRS telephone number to a hearing individual, a VRS provider shall obtain from such individual, the individual's full name, residential address, date of birth, and a written certification, attesting that the individual: ( A ) Is proficient in sign language; ( B ) Understands that the iTRS number may be used only for the purpose of point-to-point communication over distances with registered VRS users; and ( C ) Understands that such iTRS number may not be used to access VRS. ( ii ) Before assigning an iTRS telephone number to a hearing individual, a VRS provider also shall obtain the individual's consent to provide the information required by this paragraph (a)(5) to the TRS User Registration Database. Before obtaining such consent, the VRS provider, using clear, easily understood language, shall describe the specific information to be provided, explain that the information is provided to ensure proper administration of the TRS program and inform the individual that failure to provide consent will result in denial of service. VRS providers shall obtain and keep a record of affirmative acknowledgment of such consent by every hearing point-to-point video user to whom an iTRS number is assigned. ( iii ) The certification required by paragraph (a)(5)(i) of this section must be made on a form separate from any other agreement or form, and must include a separate signature specific to the certification. For the purposes of this rule, an electronic signature, defined by the Electronic Signatures in Global and National Commerce Act, as an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record, has the same legal effect as a written signature. For the purposes of this rule, an electronic record, defined by the Electronic Signatures in Global and National Commerce Act as a contract or other record created, generated, sent, communicated, received, or stored by electronic means, constitutes a record. ( iv ) Before commencing service to any hearing point-to-point video user to whom a VRS provider assigns an iTRS number on or after the TRS User Registration Database is operational, a VRS provider shall submit to the TRS User Registration Database the information listed in paragraph (a)(5)(i) of this section and the following additional information: ( A ) The ten-digit telephone number assigned in the TRS Numbering Directory to the hearing point-to-point user; ( B ) The VRS provider's name and the date of service initiation; and ( C ) The date on which a ten-digit number was assigned to or removed from a hearing point-to-point user. ( v ) For all other hearing point-to-point video users to whom a VRS provider has assigned an iTRS number, the VRS provider shall transmit the information required by paragraph (a)(5)(iv) of this section within 60 days after the TRS User Registration Database is operational. ( vi ) Upon the termination of service to any hearing point-to-point video user, a VRS provider shall submit to the TRS User Registration Database the date of termination of service. ( vii ) A VRS provider shall maintain the confidentiality of the information about hearing individuals required by this paragraph (a)(5) and may not disclose such information except as required by law or regulation. ( viii ) Before commencing service to a hearing point-to-point video user who is transferring point-to-point video service from another VRS provider, a VRS provider shall notify the TRS User Registration Database of such transfer and shall obtain and submit a properly executed certification under paragraph (a)(5)(i) of this section. ( ix ) Hearing individuals who are assigned iTRS numbers under this paragraph (a)(5) shall not be deemed registered VRS users. VRS providers shall not be compensated and shall not seek compensation from the TRS Fund for any VRS calls to or from such iTRS numbers. ( 6 ) Enterprise and public videophones — ( i ) Definition. For purposes of this section, a default VRS provider for an enterprise or public videophone is the VRS provider that assigns a North American Numbering Plan (NANP) telephone number to such videophone or receives a port of such number. ( ii ) Enterprise and public videophone certification. ( A ) Written certification. A default VRS provider for an enterprise or public videophone shall obtain a written certification from the individual responsible for the videophone, attesting that the individual understands the functions of the videophone and that the cost of VRS calls made on the videophone is financed by the federally regulated Interstate TRS Fund, and for enterprise videophones, that the organization, business, or agency will make reasonable efforts to ensure that only persons with a hearing or speech disability are permitted to use the phone for VRS. ( B ) Electronic signatures. The certification required by paragraph (a)(6)(ii)(A) of this section must be made on a form separate from any other agreement or form, and must include a separate signature specific to the certification. For the purposes of this paragraph (a)(6)(ii)(B) , an electronic signature, defined by the Electronic Signatures in Global and National Commerce Act as an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record, has the same legal effect as a written signature. For the purposes of this paragraph (a)(6)(ii)(B) , an electronic record, defined by the Electronic Signatures in Global and National Commerce Act as a contract or other record created, generated, sent, communicated, received, or stored by electronic means, constitutes a record. ( C ) Consent for transmission and confidentiality of enterprise and public videophone registration. A default VRS provider for an enterprise or public videophone must obtain consent from the individual responsible for the videophone to transmit the information required by this section to the TRS User Registration Database. Before obtaining such consent, a VRS provider must describe to such individual, using clear, easily understood language, the specific information being transmitted, that the information is being transmitted to the TRS User Registration Database to ensure proper administration of the TRS program, and that failure to provide consent will result in denial of service to the videophone. A VRS provider must obtain and keep a record of affirmative acknowledgment of such consent for every enterprise and public videophone. A VRS provider shall maintain the confidentiality of any registration and certification information obtained by the provider, and may not disclose such registration and certification information, or the content of such registration and certification information, except as required by law or regulation. ( iii ) Enterprise and public videophone registration. A default VRS provider for an enterprise or public videophone shall transmit to the TRS User Registration Database, in a format prescribed by the administrator of the TRS User Registration Database, the following information for each enterprise or public videophone for which it assigns (or receives a port of) a North American Numbering Plan telephone number or for which it is the default VRS provider: ( A ) The default VRS provider's name; ( B ) The NANP telephone number assigned to the videophone; ( C ) The name and physical address of the organization, business, or agency where the enterprise or public videophone is located, and the Registered Location of the phone if that is different from the physical address; ( D ) Whether the videophone is a public or enterprise videophone, and for enterprise videophones, the type of location where the videophone is located within the organization, business, agency, or other entity, such as, but not limited to, a reception desk or other work area, a private workspace, a private room in a long-term care facility, or another restricted area; ( E ) The date of initiation of service to the videophone by the default VRS provider; ( F ) The name of the individual responsible for the videophone, confirmation that the provider has obtained the certification required by paragraph (a)(6)(ii) of this section, and the date the certification was obtained by the provider; and ( G ) Whether the device is assigned to a hearing individual who knows sign language. ( iv ) Transmission of data to the TRS User Registration Database. Default VRS providers shall transmit the information required by paragraph (a)(6)(iii) of this section for existing enterprise and public videophones within 120 days after notice from the Commission that the TRS User Registration Database is ready to accept such information. For videophones placed in service more than 120 days after such notice, the default VRS provider shall submit the required information and certification before initiating service. VRS calls placed to or from enterprise or public videophones more than 120 days after such notice shall not be compensable if the required registration information was not received by the TRS User Registration Database before placement of the call. ( v ) Notice of removal or disconnection of enterprise and public videophones. VRS providers shall notify the TRS Fund administrator within one business day in the event that a registered enterprise or public videophone is removed or permanently disconnected from VRS. ( b ) Mandatory registration of new users. As of December 31, 2008, VRS and IP Relay providers must, prior to the initiation of service for an individual that has not previously utilized VRS or IP Relay, register that new user as described in paragraph (a) of this section. ( c ) Obligations of default providers and former default providers. ( 1 ) Default providers must: ( i ) Obtain current routing information from their Registered internet-based TRS Users, registered enterprise and public videophones, and hearing point-to-point video users; ( ii ) Provision such information to the TRS Numbering Directory; and ( iii ) Maintain such information in their internal databases and in the TRS Numbering Directory. ( 2 ) Internet-based TRS providers (and, to the extent necessary, their Numbering Partners) must: ( i ) Take such steps as are necessary to cease acquiring routing information from any VRS, IP Relay, or hearing point-to-point video user, or any individual responsible for maintaining an enterprise or public videophone, that ports a NANP telephone number to another VRS or IP Relay provider or otherwise selects a new default provider; and ( ii ) Communicate among themselves as necessary to ensure that: ( A ) Only the default provider provisions routing information to the central database; and ( B ) VRS and IP Relay providers other than the default provider are aware that they must query the TRS Numbering Directory in order to obtain accurate routing information for a particular user of VRS or IP Relay, or for an enterprise or public videophone. ( d ) Proxy numbers. After December 31, 2008, a VRS or IP Relay provider: ( 1 ) May not assign or issue a proxy or alias for a NANP telephone number to any user; and ( 2 ) Must cease to use any proxy or alias for a NANP telephone number assigned or issued to any Registered Internet-based TRS User. ( e ) Toll free numbers. A VRS or IP Relay provider: ( 1 ) May not assign or issue a toll free number to any VRS or IP Relay user. ( 2 ) That has already assigned or provided a toll free number to a VRS or IP Relay user must, at the VRS or IP Relay user's request, facilitate the transfer of the toll free number to a toll free subscription with a toll free service provider that is under the direct control of the user. ( 3 ) Must within one year after the effective date of this Order remove from the Internet-based TRS Numbering Directory any toll free number that has not been transferred to a subscription with a toll free service provider and for which the user is the subscriber of record. ( f ) iTRS access technology. ( 1 ) Every VRS or IP Relay provider must ensure that all iTRS access technology they have issued, leased, or otherwise provided to VRS or IP Relay users delivers routing information or other information only to the user's default provider, except as is necessary to complete or receive “dial around” calls on a case-by-case basis. ( 2 ) All iTRS access technology issued, leased, or otherwise provided to VRS or IP Relay users by Internet-based TRS providers must be capable of facilitating the requirements of this section. ( g ) User notification. Every VRS or IP Relay provider must include an advisory on its website and in any promotional materials addressing numbering or E911 services for VRS or IP Relay. ( 1 ) At a minimum, the advisory must address the following issues: ( i ) The process by which VRS or IP Relay users may obtain ten-digit telephone numbers, including a brief summary of the numbering assignment and administration processes adopted herein; ( ii ) The portability of ten-digit telephone numbers assigned to VRS or IP Relay users; ( iii ) The process by which persons using VRS or IP Relay may submit, update, and confirm receipt by the provider of their Registered Location information; ( iv ) An explanation emphasizing the importance of maintaining accurate, up-to-date Registered Location information with the user's default provider in the event that the individual places an emergency call via an Internet-based relay service; ( v ) The process by which a VRS or IP Relay user may acquire a toll free number, or transfer control of a toll free number from a VRS or IP Relay provider to the user; ( vi ) The process by which persons holding a toll free number request that the toll free number be linked to their ten-digit telephone number in the TRS Numbering Directory; and ( vii ) If the provider assigns iTRS numbers to hearing point-to-point video users, an explanation that hearing point-to-point video users will not be able to place an emergency call. ( 2 ) VRS and IP Relay providers must obtain and keep a record of affirmative acknowledgment by every Registered Internet-based TRS User of having received and understood the advisory described in this subsection. ( h ) - ( i ) [Reserved] ( j ) ( 1 ) IP CTS Registration and Certification Requirements . ( i ) IP CTS providers must first obtain the following registration information from each consumer prior to requesting compensation from the TRS Fund for service provided to the consumer: The consumer's full name, date of birth, last four digits of the consumer's social security number, full residential address, and telephone number. ( ii ) [Reserved] ( iii ) [Reserved] ( iv ) Self-certification prior to August 28, 2014. IP CTS providers, in order to be eligible to receive compensation from the TRS Fund for providing IP CTS, also must first obtain a written certification from the consumer, and if obtained prior to August 28, 2014, such written certification shall attest that the consumer needs IP CTS to communicate in a manner that is functionally equivalent to the ability of a hearing individual to communicate using voice communication services. The certification must include the consumer's certification that: ( A ) The consumer has a hearing loss that necessitates IP CTS to communicate in a manner that is functionally equivalent to communication by conventional voice telephone users; ( B ) The consumer understands that the captioning service is provided by a live communications assistant; and ( C ) The consumer understands that the cost of IP CTS is funded by the TRS Fund. ( v ) Self-certification on or after August 28, 2014. IP CTS providers must also first obtain from each consumer prior to requesting compensation from the TRS Fund for the consumer, a written certification from the consumer, and if obtained on or after August 28, 2014, such certification shall state that: ( A ) The consumer has a hearing loss that necessitates use of captioned telephone service; ( B ) The consumer understands that the captioning on captioned telephone service is provided by a live communications assistant who listens to the other party on the line and provides the text on the captioned phone; ( C ) The consumer understands that the cost of captioning each internet protocol captioned telephone call is funded through a federal program; and ( D ) The consumer will not permit, to the best of the consumer's ability, persons who have not registered to use internet protocol captioned telephone service to make captioned telephone calls on the consumer's registered IP captioned telephone service or device. ( vi ) The certification required by paragraphs (j)(1)(iv) and (v) of this section must be made on a form separate from any other agreement or form, and must include a separate consumer signature specific to the certification. Beginning on August 28, 2014, such certification shall be made under penalty of perjury. For purposes of this rule, an electronic signature, defined by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., as an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record, has the same legal effect as a written signature. ( vii ) Third-party certification prior to August 28, 2014. Where IP CTS equipment is or has been obtained by a consumer from an IP CTS provider, directly or indirectly, at no charge or for less than $75 and the consumer was registered in accordance with the requirements of paragraph (j)(1) of this section prior to August 28, 2014, the IP CTS provider must also obtain from each consumer prior to requesting compensation from the TRS Fund for the consumer, written certification provided and signed by an independent third-party professional, except as provided in paragraph (j)(1)(xi) of this section. ( viii ) To comply with paragraph (j)(1)(vii) of this section, the independent professional providing certification must: ( A ) Be qualified to evaluate an individual's hearing loss in accordance with applicable professional standards, and may include, but are not limited to, community-based social service providers, hearing related professionals, vocational rehabilitation counselors, occupational therapists, social workers, educators, audiologists, speech pathologists, hearing instrument specialists, and doctors, nurses and other medical or health professionals; ( B ) Provide his or her name, title, and contact information, including address, telephone number, and email address; and ( C ) Certify in writing that the IP CTS user is an individual with hearing loss who needs IP CTS to communicate in a manner that is functionally equivalent to telephone service experienced by individuals without hearing disabilities. ( ix ) Third-party certification on or after August 28, 2014. Where IP CTS equipment is or has been obtained by a consumer from an IP CTS provider, directly or indirectly, at no charge or for less than $75, the consumer (in cases where the equipment was obtained directly from the IP CTS provider) has not subsequently paid $75 to the IP CTS provider for the equipment prior to the date the consumer is registered to use IP CTS, and the consumer is registered in accordance with the requirements of paragraph (j)(1) of this section on or after August 28, 2014, the IP CTS provider must also, prior to requesting compensation from the TRS Fund for service to the consumer, obtain from each consumer written certification provided and signed by an independent third-party professional, except as provided in paragraph (j)(1)(xi) of this section. ( x ) To comply with paragraph (j)(1)(ix) of this section, the independent third-party professional providing certification must: ( A ) Be qualified to evaluate an individual's hearing loss in accordance with applicable professional standards, and must be either a physician, audiologist, or other hearing related professional. Such professional shall not have been referred to the IP CTS user, either directly or indirectly, by any provider of TRS or any officer, director, partner, employee, agent, subcontractor, or sponsoring organization or entity (collectively “affiliate”) of any TRS provider. Nor shall the third party professional making such certification have any business, family or social relationship with the TRS provider or any affiliate of the TRS provider from which the consumer is receiving or will receive service. ( B ) Provide his or her name, title, and contact information, including address, telephone number, and email address. ( C ) Certify in writing, under penalty of perjury, that the IP CTS user is an individual with hearing loss that necessitates use of captioned telephone service and that the third party professional understands that the captioning on captioned telephone service is provided by a live communications assistant and is funded through a federal program. ( xi ) In instances where the consumer has obtained IP CTS equipment from a local, state, or federal governmental program, the consumer may present documentation to the IP CTS provider demonstrating that the equipment was obtained through one of these programs, in lieu of providing an independent, third-party certification under paragraphs (j)(1)(vii) and (ix) of this section. ( xii ) Each IP CTS provider shall maintain records of any registration and certification information for a period of at least five years after the consumer ceases to obtain service from the provider and shall maintain the confidentiality of such registration and certification information, and may not disclose such registration and certification information or the content of such registration and certification information except as required by law or regulation. ( xiii ) [Reserved] ( 2 ) TRS User Registration Database Information for IP CTS. ( i ) Each IP CTS Provider shall collect and transmit to the TRS User Registration Database, in a format prescribed by the administrator of the TRS User Registration Database, the following information for each of its new and existing registered IP CTS users: ( A ) Full name; ( B ) Full residential address; ( C ) Telephone number; ( D ) A unique identifier such as the electronic serial number (ESN) of the user's IP CTS device, the user's log-in identification, or the user's email address; ( E ) The last four digits of the user's social security number or Tribal Identification number (or alternative documentation, if such documentation is permitted by and has been collected pursuant to Misuse of internet Protocol (IP) Captioned Telephone Service; Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Order, 30 FCC Rcd 1093 (CGB 2015)); ( F ) Date of birth; ( G ) Registered Location (if applicable); ( H ) IP CTS provider name; ( I ) Date of service initiation and (when applicable) termination; ( J ) A digital copy of the user's self-certification of eligibility for IP CTS and the date obtained by the provider; and ( K ) For existing users onlythe date on which the IP CTS user last placed an IP CTS call. ( ii ) Each IP CTS provider shall obtain, from each new and existing registered IP CTS user, consent to transmit the registered IP CTS user's information to the TRS User Registration Database. Prior to obtaining such consent, the IP CTS provider shall describe to the registered IP CTS user, using clear, easily understood language, the specific information obtained by the IP CTS provider from the user that is to be transmitted, and inform the user that the information is being transmitted to the TRS User Registration Database to ensure proper administration of the TRS program, and that failure to provide consent will result in the registered IP CTS user being denied service. IP CTS providers shall keep a record of affirmative acknowledgment of such consent by every registered IP CTS user. ( iii ) Registration of Emergency Shelter Devices. An IP CTS provider may seek and receive TRS Fund compensation for the provision of captioning service to users of a temporary, public IP CTS device set up in an emergency shelter, provided that, before commencing service to such a device, the IP CTS provider collects, maintains in its registration records, and submits to the TRS User Registration Database all information reasonably requested by the administrator, including the telephone number and location of the device. IP CTS providers shall remove the device's registration information from the Database when service for such a device is terminated. ( iv ) By the date of initiation of service to an IP CTS user or device, or one year after notice from the Commission that the TRS User Registration Database is ready to accept such information, whichever is later, IP CTS providers shall submit to the TRS User Registration Database the registration information required by paragraph (j)(2)(i) or (iii) of this section. Calls from or to registered IP CTS users or devices whose registration information has not been populated in the TRS User Registration Database by the applicable date shall not be compensable, and an IP CTS provider shall not seek TRS Fund compensation for such calls. ( v ) IP CTS providers may provide service to new users for up to two weeks after the user's registration information has been submitted to the TRS User Registration Database pending verification of the user's identity. After a user's identity is verified by the Database administrator, IP CTS providers may seek TRS Fund compensation for calls handled during such pre-verification period. ( vi ) When registering a user who is transferring service from another IP CTS provider, IP CTS providers shall obtain and submit a digital copy of a user's self-certification of eligibility if a query of the TRS User Registration Database shows a properly executed certification has not been filed. ( 3 ) An IP CTS provider shall not seek TRS Fund compensation for providing captioning service to any individual or device if the registration information for such individual or device has been removed from the TRS User Registration Database, or if the provider obtains information that the individual or device is not eligible to receive IP CTS. ( k ) Registration for use of TRS in correctional facilities — ( 1 ) Individual user registration. ( i ) Registration information and documentation. If an individual eligible to use TRS registers with an internet-based TRS provider while incarcerated, the provider shall collect and transmit to the TRS User Registration Database the information and documentation required by the applicable provisions of this section, except that: ( A ) The residential address specified for such incarcerated person shall be the name of the correctional authority with custody of that person along with the main or administrative address of such authority; ( B ) A Registered Location need not be provided; and ( C ) If an incarcerated person has no Social Security number or Tribal Identification number, an identification number assigned by the correctional authority along with the facility identification number, if there is one, may be provided in lieu of the last four digits of a Social Security number or a Tribal Identification number. ( ii ) Verification of VRS and IP CTS registration data. An incarcerated person's identity and address may be verified pursuant to § 64.615(a)(6) , for purposes of VRS or IP CTS registration, based on documentation, such as a letter or statement, provided by an official of a correctional authority that states the name of the person; the person's identification number assigned by the correctional authority; the name of the correctional authority; and the address of the correctional facility. The VRS or IP CTS provider shall transmit such documentation to the TRS User Registration Database administrator. ( iii ) Release or transfer of incarcerated person. Upon release (or transfer to a different correctional authority) of an incarcerated person who has registered for VRS or IP CTS, the VRS or IP CTS provider with which such person has registered shall update the person's registration information within 30 days after such release or transfer. Such updated information shall include, in the case of release, the individual's full residential address and (if required by this section or part 9 of this chapter ) Registered Location, and in the case of transfer, shall include the information required by paragraph (k)(1)(ii) of this section. ( iv ) Dial-around calls for VRS. VRS providers shall not allow dial-around calls by incarcerated persons. ( 2 ) Enterprise user registration for VRS. Notwithstanding the other provisions of this section, for the purpose of providing VRS to incarcerated individuals under enterprise registration, pursuant to paragraph (a)(6) of this section, a TRS provider may assign to a correctional authority a pool of telephone numbers that may be used interchangeably with any videophone or other user device made available for the use of VRS in correctional facilities overseen by such authority. For the purpose of such enterprise registration, the address of the organization specified pursuant to paragraph (a)(6)(iii) of this section may be the main or administrative address of the correctional authority, and a Registered Location need not be provided. [ 73 FR 41295 , July 18, 2008, as amended at 76 FR 59557 , Sept. 27, 2011; 78 FR 40608 , July 5, 2013; 82 FR 17763 , Apr. 13, 2017; 82 FR 39683 , Aug. 22, 2017; 84 FR 8461 , Mar. 8, 2019; 84 FR 26371 , June 6, 2019; 85 FR 26858 , May 6, 2020; 85 FR 52489 , Aug. 26, 2020; 87 FR 57468 , Sept. 21, 2022; 87 FR 75513 , 75514 , Dec. 9, 2022] § 64.613 Numbering directory for Internet-based TRS users. ( a ) TRS Numbering Directory. ( 1 ) The TRS Numbering Directory shall contain records mapping the geographically appropriate NANP telephone number of each Registered internet-based TRS User, registered enterprise videophone, registered public videophone, direct video customer support center, and hearing point-to-point video user to a unique Uniform Resource Identifier (URI). ( 2 ) For each record associated with a geographically appropriate NANP telephone number for a registered VRS user, enterprise videophone, public videophone, direct video customer support center, carceral point-to-point video service, or hearing point-to-point video user, the URI shall contain a server domain name or the IP address of the user's device. For each record associated with an IP Relay user's geographically appropriate NANP telephone number, the URI shall contain the user's user name and domain name that can be subsequently resolved to reach the user. ( 3 ) Within one year after the effective date of this Order, Internet-based TRS providers must ensure that a user's toll free number that is associated with a geographically appropriate NANP number will be associated with the same URI as that geographically appropriate NANP telephone number. ( 4 ) Only the TRS Numbering Administrator, internet-based TRS providers, and Qualified Direct Video Entities may access the TRS Numbering Directory. ( 5 ) VRS providers shall route all calls placed to NANP numbers entered in the TRS Numbering Directory in accordance with the associated routing information, except that a call placed by a registered VRS user to a NANP number that is capable of receiving either voice or video calls may be handled and routed as a VRS call if the caller affirmatively so requests. ( b ) Administration — ( 1 ) Neutrality. ( i ) The TRS Numbering Administrator shall be a non-governmental entity that is impartial and not an affiliate of any Internet-based TRS provider. ( ii ) Neither the TRS Numbering Administrator nor any affiliate may issue a majority of its debt to, nor derive a majority of its revenues from, any Internet-based TRS provider. ( iii ) Nor may the TRS Numbering Administrator nor any affiliate be unduly influenced, as determined by the North American Numbering Council, by parties with a vested interest in the outcome of TRS-related numbering administration and activities. ( iv ) Any subcontractor that performs any function of the TRS Numbering Administrator must also meet these neutrality criteria. ( 2 ) Terms of Administration. The TRS Numbering Administrator shall administer the TRS Numbering Directory pursuant to the terms of its contract. ( 3 ) Compensation. The TRS Fund, as defined by 47 CFR 64.604(a)(5)(iii) , may compensate the TRS Numbering Administrator for the reasonable costs of administration pursuant to the terms of its contract. ( c ) Direct video customer support and carceral point-to-point video service — ( 1 ) Registration. Any person seeking to access the TRS Numbering Directory as a Qualified Direct Video Entity shall submit an application to the Commission addressed to the Federal Communications Commission, Chief, Consumer and Governmental Affairs Bureau and captioned “Direct Video Numbering Directory Access Application.” The application shall include: ( i ) The applicant's name, address, telephone number, and email address; ( ii ) A description of the service to be provided; ( iii ) An acknowledgment that the authorization granted under this paragraph (c) is subject to compliance with applicable Commission rules; ( iv ) Contact information for personnel responsible for addressing issues relating to such compliance; and ( v ) Certification that the applicant's description of service meets the definition of direct video customer support or carceral point-to-point video service and that the information provided is accurate and complete. ( 2 ) Commission authorization. The Commission shall approve an application for a Qualified Direct Video Entity to have access to the TRS Numbering Directory if the applicant demonstrates, through its responses to each of the requests for information in paragraph (c)(1) of this section and any additional information requested by the Commission, that the applicant has a legitimate need for such access and is aware of its regulatory obligations. ( 3 ) Termination of authorization. Authorization to access the TRS Numbering Directory shall terminate: ( i ) If a Qualified Direct Video Entity relinquishes its authorization by notifying the Commission; ( ii ) Automatically if one year elapses with no call-routing queries received regarding any of the Qualified Direct Video Entity's NANP telephone numbers for direct video customer support; or ( iii ) If the Commission determines, after notice to the entity and an opportunity for the entity to contest the proposed termination, that the entity is no longer qualified as described in its application, has materially misrepresented information to the Commission, the TRS Numbering administrator, or the TRS User Registration Database administrator, has failed to provide required information in the format requested, or has violated an applicable Commission rule or order or a requirement imposed by authority of the TRS Numbering administrator or the TRS User Registration Database administrator. Following the termination of an authorization, the TRS Numbering administrator shall remove the previously authorized entity's telephone numbers from the TRS Numbering Directory. ( 4 ) Notification of material change. A Qualified Direct Video Entity that is granted access to the TRS Numbering Directory shall notify the Commission within 60 days of any material changes to information provided in its application. ( 5 ) Qualified Direct Video Entities' obligations. A Qualified Direct Video Entity shall comply with all relevant rules and obligations applicable to VRS providers' access to the TRS Numbering Directory and the use of numbers provisioned in the TRS Numbering Directory, including, but not limited to: ( i ) Provisioning and maintaining current routing information in the TRS Numbering Directory for each NANP telephone number that it enters in such directory; ( ii ) Being able to make point-to-point calls to any VRS user in accordance with all interoperability standards applicable to VRS providers, including, but not limited to, the relevant technical standards specified in § 64.621(b) ; ( iii ) For direct video customer support being able to receive point-to-point or VRS calls from any VRS user in accordance with all interoperability standards applicable to VRS providers, including, but not limited to, the relevant technical standards specified in § 64.621(b) ; ( iv ) Protecting customer proprietary network information of any VRS user obtained in accordance with §§ 64.5101 through 64.5111 (TRS Customer Proprietary Network Information); ( v ) Following TRS Numbering Directory access procedures and performing related administrative functions as directed by the TRS Numbering administrator in consultation with the Managing Director and the Chief, Consumer and Governmental Affairs Bureau; and ( vi ) Adhering to all other applicable standards pertaining to privacy, security, and reliability. ( 6 ) Call transfer capability. A Qualified Direct Video Entity engaged in direct video customer support shall ensure that each customer support center is able to initiate a call transfer that converts a point-to-point video call into a VRS call, in the event that a VRS user communicating with a direct video customer agent needs to be transferred to a hearing person while the call is in progress. Each VRS provider shall be capable of activating an effective call transfer procedure within 60 days after receiving a request to do so from a Qualified Direct Video Entity engaged in direct video customer support. ( 7 ) TRS User Registration Database. For each direct video number to be entered into the TRS Numbering Directory, unless otherwise instructed by the TRS User Registration Database administrator, a Qualified Direct Video Entity must create an equivalent entry in the TRS User Registration Database by providing: ( i ) The Qualified Direct Video Entity's name; ( ii ) The date that the Qualified Direct Video Entity was approved for TRS Numbering Directory access; ( iii ) The name of the correctional facility or end-user customer support center (if different from the Qualified Direct Video Entity); ( iv ) Contact information for the correction facility or end-user customer support call center(s); and ( v ) Other information reasonably requested by the TRS User Registration Database administrator. [ 73 FR 41296 , July 18, 2008, as amended at 76 FR 59577 , Sept. 27, 2011; 82 FR 17764 , Apr. 13, 2017; 82 FR 39683 , Aug. 22, 2017; 84 FR 26371 , June 6, 2019; 87 FR 75514 , Dec. 9, 2022] § 64.615 TRS User Registration Database and administrator. ( a ) TRS User Registration Database. ( 1 ) VRS users call validation. VRS providers shall validate the eligibility of the party on the video side of each call by querying the TRS User Registration Database or the TRS Numbering Directory, as directed by the Commission, the TRS Fund administrator, or the TRS Numbering Administrator, on a per-call basis. Emergency 911 calls are excepted from the requirement in this paragraph (a)(1) . ( i ) Validation shall occur during the call setup process, prior to the placement of the call. ( ii ) If the eligibility of at least one party to the call is not validated using the TRS User Registration Database, the call shall not be completed, and the VRS provider shall either terminate the call or, if appropriate, offer to register the user if they are able to demonstrate eligibility. ( iii ) Calls that VRS providers are prohibited from completing because the user's eligibility cannot be validated shall not be included in speed of answer calculations and shall not be eligible for compensation from the TRS Fund. ( 2 ) Enterprise and public videophone call validation. ( i ) VRS providers shall validate the registration of an enterprise or public videophone used for a VRS call by querying the designated database in accordance with paragraph (a)(1) of this section. ( ii ) [Reserved] ( iii ) VRS providers shall require their CAs to terminate any call which does not include a registered enterprise or public videophone or, pursuant to the provider's policies, the call does not appear to be a legitimate VRS call, and VRS providers may not seek compensation for such calls from the TRS Fund. ( iv ) Emergency 911 calls from enterprise and public videophones shall be exempt from the videophone validation requirements of paragraph (a)(2)(i) of this section. ( 3 ) The administrator of the TRS User Registration Database shall assign a unique identifier to each user in the TRS User Registration Database. ( 4 ) Data integrity. ( i ) Each VRS and IP CTS provider shall request that the administrator of the TRS User Registration Database remove from the TRS User Registration Database user information for any registered user or hearing point-to-point user: ( A ) Who informs its default VRS provider or its IP CTS provider that it no longer wants use of a ten-digit number for TRS or (in the case of a hearing point-to-point video user) for point-to-point video service; or ( B ) For whom the provider obtains information that the user is not eligible to use the service. ( ii ) The administrator of the TRS User Registration Database shall remove the data of: ( A ) Any VRS user that has neither placed nor received a VRS or point-to-point call in a one-year period; and ( B ) Any user for which a VRS or IP CTS provider makes a request under paragraph (a)(3)(i) of this section. ( 5 ) A VRS or IP CTS provider may query the TRS User Registration Database only for the purposes provided in this subpart, and to determine whether information with respect to its registered users already in the database is correct and complete. ( 6 ) User verification. ( i ) The TRS User Registration Database shall have the capability of performing an identification verification check when a VRS provider, IP CTS provider, or other party submits a query to the database about an existing or potential user or an enterprise or public videophone. ( ii ) VRS and IP CTS providers shall not register individuals or enterprise or public videophones that do not pass the identification verification check conducted through the TRS User Registration Database. ( iii ) VRS providers shall not seek compensation for calls placed by individuals or for calls placed to or from enterprise or public videophones that do not pass the identification verification check conducted through the TRS User Registration Database. ( iv ) IP CTS providers shall not seek compensation for calls placed to or from individuals that do not pass the identification verification check conducted through the TRS User Registration Database. ( v ) Notwithstanding paragraphs (a)(6)(ii) through (iv) of this section, VRS and IP CTS providers may provide service to a new or porting user for up to two weeks after the user's registration information has been submitted to the TRS User Registration Database, pending verification of the user's identity. After such user's identity is verified by the Database administrator, a TRS provider may seek TRS Fund compensation for calls handled during such pre-verification period. ( vi ) If a VRS provider submits registration information for a TRS telephone number that is being ported from another VRS provider, and user's identity cannot be immediately verified, then the porting-in provider's routing information for that telephone number shall be provisionally entered in the TRS Numbering Directory for up to two weeks to allow the routing of calls to the porting-in VRS provider pursuant to paragraph (a)(6)(v) of this section. If the user's identity is not verified by the TRS User Registration Database administrator within the allowed two-week period, the porting-out provider's routing information shall be re-entered in the TRS Number Directory. ( b ) Administration — ( 1 ) Terms of administration. The administrator of the TRS User Registration Database shall administer the TRS User Registration Database pursuant to the terms of its contract. ( 2 ) Compensation. The TRS Fund, as defined by § 64.604(a)(5)(iii) of this subpart , may be used to compensate the administrator of the TRS User Registration Database for the reasonable costs of administration pursuant to the terms of its contract. [ 78 FR 40609 , July 5, 2013, as amended at 82 FR 17764 , Apr. 13, 2017; 84 FR 8463 , Mar. 8, 2019; 84 FR 26372 , June 6, 2019; 85 FR 26858 , May 6, 2020; 87 FR 57648 , Sept. 21, 2022] § 64.619 VRS Access Technology Reference Platform and administrator. ( a ) VRS Access Technology Reference Platform. ( 1 ) The VRS Access Technology Reference Platform shall be a software product that performs consistently with the rules in this subpart, including any standards adopted in § 64.621 of this subpart . ( 2 ) The VRS Access Technology Reference Platform shall be available for use by the public and by developers. ( b ) Administration — ( 1 ) Terms of administration. The administrator of the VRS Access Technology Reference Platform shall administer the VRS Access Technology Reference Platform pursuant to the terms of its contract. ( 2 ) Compensation. The TRS Fund, as defined by § 64.604(a)(5)(iii) of this subpart , may be used to compensate the administrator of the VRS Access Technology Reference Platform for the reasonable costs of administration pursuant to the terms of its contract. [ 78 FR 40609 , July 5, 2013] § 64.621 Interoperability and portability. ( a ) General obligations of VRS providers. ( 1 ) All Video Relay Service (VRS) users and hearing point-to-point video users must be able to place a VRS or point-to-point video call through any of the VRS providers' services, and all VRS providers must be able to receive calls from, and make calls to, any VRS or hearing point-to-point video user. ( 2 ) A VRS provider may not take steps that restrict a user's unfettered access to another provider's service, such as providing degraded service quality to VRS users using VRS equipment or service with another provider's service. ( 3 ) All VRS providers must ensure that their VRS access technologies and their video communication service platforms are interoperable with the VRS Access Technology Reference Platform, including for point-to-point calls. No VRS provider shall be compensated for minutes of use involving their VRS access technologies or video communication service platforms that are not interoperable with the VRS Access Technology Reference Platform. ( 4 ) All VRS providers must ensure that their VRS access technologies and their video communication service platforms are interoperable with the Neutral Video Communication Service Platform, including for point-to-point calls. No VRS provider shall be compensated for minutes of use involving their VRS access technologies or video communication service platforms that are not interoperable with the Neutral Video Communication Service Platform. ( b ) Technical standards for interoperability and portability. ( 1 ) Beginning no later than December 20, 2017, VRS providers shall ensure that their provision of VRS and video communications, including their access technology, meets the requirements of the VRS Provider Interoperability Profile. ( 2 ) Beginning no later than October 24, 2017, VRS providers shall provide a standard xCard export interface to enable users to import their lists of contacts in xCard XML format, in accordance with IETF RFC 6351. ( c ) Incorporation by reference. The material listed in this paragraph (c) is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the following sources in this paragraph (c) : ( 1 ) FCC (on behalf of SIP Forum), located at the address indicated in 47 CFR 0.401(a) , Tel: (888) 225-5322 (voice), (844) 432-2275 (videophone), (888) 835-5322 (TTY). ( i ) VRS US Providers Profile TWG-6.1, the US VRS Provider Interoperability Profile, September 23, 2015. https://www.fcc.gov/files/sip-forum-vrs-us-providers-profile-twg-6-1 . ( ii ) [Reserved] ( 2 ) The following standards are available from the Internet Engineering Task Force (IETF) Secretariat, 5177 Brandin Court, Fremont, CA 94538, 510-492-4080. ( i ) [Reserved] ( ii ) Request for Comments (RFC) 6351, xCard: vCard XML Representation (August 2011) https://tools.ietf.org/html/rfc6351 . [ 78 FR 40609 , July 5, 2013, as amended at 82 FR 17764 , Apr. 13, 2017; 82 FR 19325 , Apr. 27, 2017; 82 FR 39683 , Aug. 22, 2017; 85 FR 64407 , Oct. 13, 2020; 86 FR 35633 , July 7, 2021; 86 FR 54871 , Oct. 5, 2021; 88 FR 21445 , Apr. 10, 2023] § 64.623 Administrator requirements. ( a ) For the purposes of this section, the term “Administrator” shall refer to each of the TRS Numbering administrator, the administrator of the TRS User Registration Database, the administrator of the VRS Access Technology Reference Platform, and the provider of the Neutral Video Communication Service Platform. A single entity may serve in one or more of these capacities. ( b ) Neutrality. ( 1 ) The Administrator shall be a non-governmental entity that is impartial and not an affiliate of any Internet-based TRS provider. ( 2 ) Neither the Administrator nor any affiliate thereof shall issue a majority of its debt to, nor derive a majority of its revenues from, any Internet-based TRS provider. ( 3 ) Neither the TRS Numbering administrator nor any affiliate thereof shall be unduly influenced, as determined by the North American Numbering Council, by parties with a vested interest in the outcome of TRS-related numbering administration and activities. ( 4 ) None of the administrator of the TRS User Registration Database, the administrator of the VRS Access Technology Reference Platform, or the provider of the Neutral Video Communication Service Platform, nor any affiliates thereof, shall be unduly influenced, as determined by the Commission, by parties with a vested interest in the outcome of TRS-related activities. ( 5 ) Any subcontractor that performs any function of any Administrator shall also meet the neutrality criteria applicable to such Administrator. ( c ) Terms of administration. The Administrator shall administer pursuant to the terms of its contract. ( d ) Compensation. The TRS Fund, as defined by § 64.604(a)(5)(iii) of this subpart , may be used to compensate the Administrator for the reasonable costs of administration pursuant to the terms of its contract. [ 78 FR 40609 , July 5, 2013] § 64.630 Applicability of change of default TRS provider rules. ( a ) Sections 64.630 through 64.636 governing changes in default TRS providers shall apply to any provider of IP Relay or VRS eligible to receive payments from the TRS Fund. ( b ) For purposes of §§ 64.630 through 64.636 , the term iTRS users is defined as any individual that has been assigned a ten-digit NANP number from the TRS Numbering Directory for IP Relay, VRS, or point-to-point video service. [ 82 FR 17764 , Apr. 13, 2017] § 64.631 Verification of orders for change of default TRS providers. ( a ) No iTRS provider, either directly or through its numbering partner, shall initiate or implement the process to change an iTRS user's selection of a default provider prior to obtaining: ( 1 ) Authorization from the iTRS user, and ( 2 ) Verification of that authorization in accordance with the procedures prescribed in this section. The new default provider shall maintain and preserve without alteration or modification all records of verification of the iTRS user's authorization for a minimum period of five years after obtaining such verification and shall make such records available to the Commission upon request. In any case where the iTRS provider is unable, unwilling or otherwise fails to make such records available to the Commission upon request, it shall be presumed that the iTRS provider has failed to comply with its verification obligations under the rules. ( b ) Where an iTRS provider is offering more than one type of TRS, that provider must obtain separate authorization from the iTRS user for each service, although the authorizations may be obtained within the same transaction. Each authorization must be verified separately from any other authorizations obtained in the same transaction. Each authorization must be verified in accordance with the verification procedures prescribed in this part. ( c ) A new iTRS provider shall not, either directly or through its numbering partner, initiate or implement the process to change a default provider unless and until the order has been verified in accordance with one of the following procedures: ( 1 ) The iTRS provider has obtained the iTRS user's written or electronically signed authorization in a form that meets the requirements of § 64.632 of this part ; or ( 2 ) An independent third party meeting the qualifications in this subsection has obtained, in accordance with the procedures set forth in paragraphs (c)(2)(i) through (iv) of this section, the iTRS user's authorization to implement the default provider change order that confirms and includes appropriate verification of registration data with the TRS User Registration Database as defined in § 64.601(a) of this part . The independent third party must not be owned, managed, controlled, or directed by the iTRS provider or the iTRS provider's marketing agent; must not have any financial incentive to confirm default provider change orders for the iTRS provider or the iTRS provider's marketing agent; and must operate in a location physically separate from the iTRS provider or the iTRS provider's marketing agent. ( i ) Methods of third party verification. Third party verification systems and three-way conference calls may be used for verification purposes so long as the requirements of paragraphs (c)(3)(ii) through (iv) of this section are satisfied. It shall be a per se violation of these rules if at any time the iTRS provider, an iTRS provider's marketing representative, or any other person misleads the iTRS user with respect to the authorization that the iTRS user is giving, the purpose of that authorization, the purpose of the verification, the verification process, or the identity of the person who is placing the call as well as on whose behalf the call is being placed, if applicable. ( ii ) Provider initiation of third party verification. An iTRS provider or an iTRS provider's marketing representative initiating a three-way conference call must drop off the call once the three-way connection has been established. ( iii ) Requirements for content and format of third party verification. Any description of the default provider change transaction by a third party verifier must not be misleading. At the start of the third party verification process, the third party verifier shall identify the new default provider to the iTRS user and shall confirm that the iTRS user understands that the iTRS user is changing default providers and will no longer receive service from the iTRS user's current iTRS provider. In addition, all third party verification methods shall elicit, at a minimum: The date of the verification; the identity of the iTRS user; confirmation that the person on the call is the iTRS user; confirmation that the iTRS user wants to make the default provider change; confirmation that the iTRS user understands that a default provider change, not an upgrade to existing service, or any other misleading description of the transaction, is being authorized; confirmation that the iTRS user understands what the change in default provider means, including that the iTRS user may need to return any video equipment belonging to the original default provider; the name of the new default provider affected by the change; the telephone number of record to be transferred to the new default provider; and the type of TRS used with the telephone number being transferred. If the iTRS user has additional questions for the iTRS provider's marketing representative during the verification process, the verifier shall instruct the iTRS user that they are terminating the verification process, that the iTRS user may contact the marketing representative with additional questions, and that the iTRS user's default provider will not be changed. The marketing representative may again initiate the verification process following the procedures set out in this section after the iTRS user contacts the marketing representative with any additional questions. Third party verifiers may not market the iTRS provider's services by providing additional information. ( iv ) Other requirements for third party verification. All third party verifications shall be conducted in the same language and format that were used in the underlying marketing transaction and shall be recorded in their entirety. In the case of VRS, this means that if the marketing process was conducted in American Sign Language (ASL), then the third party verification shall be conducted in ASL. In the event that the underlying marketing transaction was conducted via text over IP Relay, such text format shall be used for the third party verification. The third party verifier shall inform both the iTRS user and, where applicable, the communications assistant relaying the call, that the call is being recorded. The third party verifier shall provide the new default provider an audio, video, or IP Relay transcript of the verification of the iTRS user authorization. New default providers shall maintain and preserve audio and video records of verification of iTRS user authorization in accordance with the procedures set forth in paragraph (a)(2) of this section. ( d ) A new default provider shall implement an iTRS user's default provider change order within 60 days of obtaining either: ( 1 ) A written or electronically signed letter of agency in accordance with § 64.632 of this part or ( 2 ) Third party verification of the iTRS user's default provider change order in accordance with paragraph (c)(2) of this section. If not implemented within 60 days as required herein, such default provider change order shall be deemed void. ( e ) At any time during the process of changing an iTRS user's default provider, and until such process is completed, which is when the new default provider assumes the role of default provider, the original default provider shall not: ( 1 ) Reduce the level or quality of iTRS service provided to such iTRS user, or ( 2 ) Reduce the functionality of any VRS access technology provided by the iTRS provider to such iTRS user. ( f ) An iTRS provider that is certified pursuant to § 64.606(a)(2) of this part may acquire, through a sale or transfer, either part or all of another iTRS provider's iTRS user base without obtaining each iTRS user's authorization and verification in accordance with paragraph (c) of this section, provided that the acquiring iTRS provider complies with the following streamlined procedures. An iTRS provider shall not use these streamlined procedures for any fraudulent purpose, including any attempt to avoid liability for violations under part 64 of the Commission rules. ( 1 ) Not later than 30 days before the transfer of the affected iTRS users from the selling or transferring iTRS provider to the acquiring iTRS provider, the acquiring iTRS provider shall provide notice to each affected iTRS user of the information specified herein. The acquiring iTRS provider is required to fulfill the obligations set forth in the advance iTRS user notice. In the case of VRS, the notice shall be provided as a pre-recorded video message in American Sign Language sent to all affected iTRS users. In the case of IP Relay, the notice shall be provided as a pre-recorded text message sent to all affected iTRS users. The advance iTRS user notice shall be provided in a manner consistent with 47 U.S.C. 255 , 617 , 619 and the Commission's rules regarding accessibility to blind and visually-impaired consumers, §§ 6.3 , 6.5 , 14.20 , and 14.21 of this chapter . The following information must be included in the advance iTRS user notice: ( i ) The date on which the acquiring iTRS provider will become the iTRS user's new default provider; ( ii ) The iTRS user's right to select a different default provider for the iTRS at issue, if an alternative iTRS provider is available; ( iii ) Whether the acquiring iTRS provider will be responsible for handling any complaints filed, or otherwise raised, prior to or during the transfer against the selling or transferring iTRS provider, and ( iv ) The toll-free customer service telephone number of the acquiring iTRS provider. ( 2 ) All iTRS users receiving the notice will be transferred to the acquiring iTRS provider, unless they have selected a different default provider before the transfer date. [ 78 FR 40609 , July 5, 2013] § 64.632 Letter of authorization form and content. ( a ) An iTRS provider may use a written or electronically signed letter of authorization to obtain authorization of an iTRS user's request to change his or her default provider. A letter of authorization that does not conform with this section is invalid for purposes of this subpart. ( b ) The letter of authorization shall be a separate document or located on a separate screen or Web page. The letter of authorization shall contain the following title “Letter of Authorization to Change my Default Provider” at the top of the page, screen, or Web page, as applicable, in clear and legible type. ( c ) The letter of authorization shall contain only the authorizing language described in paragraph (d) of this section and be strictly limited to authorizing the new default provider to implement a default provider change order. The letter of authorization shall be signed and dated by the iTRS user requesting the default provider change. ( d ) At a minimum, the letter of authorization must be printed with a type of sufficient size and readable type to be clearly legible and must contain clear and unambiguous language that confirms: ( 1 ) The iTRS user's registered name and address and each telephone number to be covered by the default provider change order; ( 2 ) The decision to change the default provider from the original default provider to the new default provider; ( 3 ) That the iTRS user designates [insert the name of the new default provider] to act as the iTRS user's agent and authorizing the new default provider to implement the default provider change; and ( 4 ) That the iTRS user understands that only one iTRS provider may be designated as the TRS user's default provider for any one telephone number. ( e ) If any portion of a letter of authorization is translated into another language then all portions of the letter of authorization must be translated into that language. Every letter of authorization must be translated into the same language as any promotional materials, descriptions or instructions provided with the letter of authorization. ( f ) Letters of authorization submitted with an electronically signed authorization must include the consumer disclosures required by Section 101(c) of the Electronic Signatures in Global and National Commerce Act. [ 78 FR 40609 , July 5, 2013] § 64.633 Procedures for resolution of unauthorized changes in default provider. ( a ) Notification of alleged unauthorized provider change. Original default providers who are informed of an unauthorized default provider change by an iTRS user shall immediately notify the allegedly unauthorized provider and the Commission's Consumer and Governmental Affairs Bureau of the incident. ( b ) Referral of complaint. Any iTRS provider that is informed by an iTRS user or original default provider of an unauthorized default provider change shall: ( 1 ) Notify the Commission's Consumer and Governmental Affairs Bureau, and ( 2 ) Shall inform that iTRS user of the iTRS user's right to file a complaint with the Commission's Consumer and Governmental Affairs Bureau. iTRS providers shall also inform the iTRS user that the iTRS user may contact and file a complaint with the alleged unauthorized default provider. An original default provider shall have the right to file a complaint with the Commission in the event that one of its respective iTRS users is the subject of an alleged unauthorized default provider change. ( c ) Notification of receipt of complaint. Upon receipt of an unauthorized default provider change complaint or notification filed pursuant to this section, the Commission will notify the allegedly unauthorized provider and the Fund administrator of the complaint or notification and order that the unauthorized provider identify to the Fund administrator all minutes attributable to the iTRS user after the alleged unauthorized change of default provider is alleged to have occurred. The Fund administrator shall withhold reimbursement for such minutes pending Commission determination of whether an unauthorized change, as defined by § 64.601(a) of this part , has occurred, if it has not already done so. ( d ) Proof of verification. Not more than 30 days after notification of the complaint or other notification, the alleged unauthorized default provider shall provide to the Commission's Consumer and Governmental Affairs Bureau a copy of any valid proof of verification of the default provider change. This proof of verification must clearly demonstrate a valid authorized default provider change, as that term is defined in §§ 64.631 through 64.632 of this part . The Commission will determine whether an unauthorized change, as defined by § 64.601(a) of this part , has occurred using such proof and any evidence supplied by the iTRS user or other iTRS providers. Failure by the allegedly unauthorized provider to respond or provide proof of verification will be presumed to be sufficient evidence of a violation. [ 78 FR 40609 , July 5, 2013] § 64.634 Procedures where the Fund has not yet reimbursed the provider. ( a ) This section shall only apply after an iTRS user or iTRS provider has complained to or notified the Commission that an allegedly unauthorized change, as defined by § 64.601(a) of this part , has occurred, and the TRS Fund (Fund), as defined in § 64.604(c)(5)(iii) of this part , has not reimbursed the allegedly unauthorized default provider for service attributable to the iTRS user after the allegedly unauthorized change occurred. ( b ) An allegedly unauthorized provider shall identify to the Fund administrator all minutes submitted by the allegedly unauthorized provider to the Fund for reimbursement that are attributable to the iTRS user after the allegedly unauthorized change of default provider, as defined by § 64.601(a) of this part , is alleged to have occurred. ( c ) If the Commission determines that an unauthorized change, as defined by § 64.601(a) of this part , has occurred, the Commission shall direct the Fund administrator to not reimburse for any minutes attributable to the iTRS user after the unauthorized change occurred, and neither the authorized nor the unauthorized default provider may seek reimbursement from the fund for those charges. The remedies provided in this section are in addition to any other remedies available by law. ( d ) If the Commission determines that the default provider change was authorized, the default provider may seek reimbursement from the Fund for minutes of service provided to the iTRS user. [ 78 FR 40609 , July 5, 2013] § 64.635 Procedures where the Fund has already reimbursed the provider. ( a ) The procedures in this section shall only apply after an iTRS user or iTRS provider has complained to or notified the Commission that an unauthorized change, as defined by § 64.601(a) of this part , has occurred, and the Fund has reimbursed the allegedly unauthorized default provider for minutes of service provided to the iTRS user. ( b ) If the Commission determines that an unauthorized change, as defined by § 64.601(a) of this part , has occurred, it shall direct the unauthorized default provider to remit to the Fund an amount equal to 100% of all payments the unauthorized default provider received from the Fund for minutes attributable to the iTRS user after the unauthorized change occurred. The remedies provided in this section are in addition to any other remedies available by law. [ 78 FR 40609 , July 5, 2013] § 64.636 Prohibition of default provider freezes. ( a ) A default provider freeze prevents a change in an iTRS user's default provider selection unless the iTRS user gives the provider from whom the freeze was requested his or her express consent. ( b ) Default provider freezes shall be prohibited. [ 78 FR 40609 , July 5, 2013] § 64.640 Compensation for IP Relay. ( a ) For the period from July 1, 2022, through June 30, 2026, TRS Fund compensation for the provision of IP Relay shall be as described in this section. ( b ) For Fund Year 2022-23, comprising the period from July 1, 2022, through June 30, 2023, the Compensation Level for IP Relay shall be $1.9576 per minute. ( c ) For each succeeding Fund Year through June 30, 2026, the per-minute Compensation Level (L FY ) shall be determined in accordance with the following equation: L FY = L FY-1 * (1+IF FY ) where IF FY is the Inflation Adjustment Factor for that Fund Year, determined in accordance with paragraph (d) of this section. ( d ) The inflation adjustment factor for a Fund Year (IF FY ), to be determined annually on or before June 30, is equal to the difference between the Initial value and the Final value, as defined herein, divided by the Initial value. The Initial value and Final value, respectively, are the values of the Employment Cost Index compiled by the Bureau of Labor Statistics, U.S. Department of Labor, for total compensation for private industry workers in professional, scientific, and technical services, for the following periods: ( 1 ) Final value. The fourth quarter of the Calendar Year ending 6 months before the beginning of the Fund Year; and ( 2 ) Initial value. The fourth quarter of the preceding Calendar Year. ( e ) In addition to L FY , an IP Relay provider shall be paid a per-minute exogenous cost adjustment if claims for exogenous cost recovery are submitted by the provider and approved by the Commission on or before June 30. Such exogenous cost adjustment shall equal the amount of such approved claims divided by the provider's projected minutes for the Fund Year. Exogenous cost adjustments, if any, are not included in the previous Fund Year's per-minute Compensation Level (L FY-1 ) for purposes of paragraph (c) of this section. ( f ) An exogenous cost adjustment shall be paid if an IP Relay provider incurs well-documented costs that: ( 1 ) Belong to a category of costs that the Commission has deemed allowable; ( 2 ) Result from new TRS requirements or other causes beyond the provider's control; ( 3 ) Are new costs that were not factored into the applicable compensation formula; and ( 4 ) If unrecovered, would cause a provider's current allowable-expenses-plus-operating margin to exceed its revenues. [ 87 FR 42660 , July 18, 2022, as amended at 89 FR 20133 , Mar. 21, 2024] § 64.643 Compensation for Video Relay Service. For the period from July 1, 2023, through June 30, 2028, TRS Fund compensation for the provision of Video Relay Service (VRS) shall be as described in this section. ( a ) First year. For Fund Year 2023-24, TRS Fund compensation shall be paid in accordance with the following formulas. ( 1 ) The Compensation Amount for VRS providers handling one million conversation minutes or less in a month shall be $7.77 per minute. ( 2 ) The Compensation Amount for VRS providers handling more than one million conversation minutes in a month shall be: ( i ) $6.27 per minute for the first 1,000,000 conversation minutes each month; ( ii ) $3.92 per minute for monthly conversation minutes in excess of 1,000,000. ( 3 ) For Video-Text Service, as defined in this subpart, in addition to the applicable Compensation Amount under paragraph (a)(1) or (2) of this section, an additional Compensation Amount of $0.19 per minute shall be paid for each conversation minute. ( b ) Succeeding years. For each succeeding Fund Year through June 30, 2028, each per-minute Compensation Amount described in paragraph (a) of this section shall be redetermined in accordance with the following equation: A FY = A FY−1 * (1+IF FY ) Where: A FY is the Compensation Amount for the new Fund Year, A FY-1 is the Compensation Amount for the previous Fund Year, IF FY is the Inflation Adjustment Factor for the new Fund Year. ( c ) Inflation Adjustment Factor. The Inflation Adjustment Factor for a Fund Year (IF FY ), to be determined annually on or before June 30, is equal to the difference between the Initial Value and the Final Value, as defined herein, divided by the Initial Value. The Initial Value and Final Value, respectively, are the values of the Employment Cost Index compiled by the Bureau of Labor Statistics, U.S. Department of Labor, for total compensation for private industry workers in professional, scientific, and technical services, for the following periods: ( 1 ) Final Value—The fourth quarter of the Calendar Year ending 6 months before the beginning of the Fund Year; and ( 2 ) Initial Value—The fourth quarter of the preceding Calendar Year. ( d ) Exogenous cost adjustments. In addition to L FY , a VRS provider shall be paid a per-minute exogenous cost adjustment if claims for exogenous cost recovery are submitted by the provider and approved by the Commission on or before June 30. Such exogenous cost adjustment shall equal the amount of such approved claims divided by the provider's projected minutes for the Fund Year. An exogenous cost adjustment shall be paid if a VRS provider incurs well-documented costs that: ( 1 ) Belong to a category of costs that the Commission has deemed allowable; ( 2 ) Result from new TRS requirements or other causes beyond the provider's control; ( 3 ) Are new costs that were not factored into the applicable compensation formula; and ( 4 ) If unrecovered, would cause a provider's current allowable-expenses-plus-operating margin to exceed its revenues. [ 88 FR 72006 , Oct. 19, 2023] Subpart G—Furnishing of Enhanced Services and Customer-Premises Equipment by Bell Operating Companies; Telephone Operator Services § 64.702 Furnishing of enhanced services and customer-premises equipment. ( a ) For the purpose of this subpart, the term enhanced service shall refer to services, offered over common carrier transmission facilities used in interstate communications, which employ computer processing applications that act on the format, content, code, protocol or similar aspects of the subscriber's transmitted information; provide the subscriber additional, different, or restructured information; or involve subscriber interaction with stored information. Enhanced services are not regulated under title II of the Act. ( b ) Bell Operating Companies common carriers subject, in whole or in part, to the Communications Act may directly provide enhanced services and customer-premises equipment; provided, however, that the Commission may prohibit any such common carrier from engaging directly or indirectly in furnishing enhanced services or customer-premises equipment to others except as provided for in paragraph (c) of this section, or as otherwise authorized by the Commission. ( c ) A Bell Operating Company common carrier prohibited by the Commission pursuant to paragraph (b) of this section from engaging in the furnishing of enhanced services or customer-premises equipment may, subject to other provisions of law, have a controlling or lesser interest in, or be under common control with, a separate corporate entity that furnishes enhanced services or customer-premises equipment to others provided the following conditions are met: ( 1 ) Each such separate corporation shall obtain all transmission facilities necessary for the provision of enhanced services pursuant to tariff, and may not own any network or local distribution transmission facilities or equipment. ( 2 ) Each such separate corporation shall operate independently in the furnishing of enhanced services and customer-premises equipment. It shall maintain its own books of account, have separate officers, utilize separate operating, marketing, installation, and maintenance personnel, and utilize separate computer facilities in the provision of enhanced services. ( 3 ) Each such separate corporation which provides customer-premises equipment or enhanced services shall deal with any affiliated manufacturing entity only on an arm's length basis. ( 4 ) Any research or development performed on a joint or separate basis for the subsidiary must be done on a compensatory basis. Except for generic software within equipment, manufactured by an affiliate, that is sold “off the shelf” to any interested purchaser, the separate corporation must develop its own software, or contract with non-affiliated vendors. ( 5 ) All transactions between the separate corporation and the carrier or its affiliates which involve the transfer, either direct or by accounting or other record entries, of money, personnel, resources, other assets or anything of value, shall be reduced to writing. A copy of any contract, agreement, or other arrangement entered into between such entities shall be filed with the Commission within 30 days after the contract, agreement, or other arrangement is made. This provision shall not apply to any transaction governed by the provision of an effective state or federal tariff. ( d ) A carrier subject to the proscription set forth in paragraph (c) of this section: ( 1 ) Shall not engage in the sale or promotion of enhanced services or customer-premises equipment, on behalf of the separate corporation, or sell, lease or otherwise make available to the separate corporation any capacity or computer system component on its computer system or systems which are used in any way for the provision of its common carrier communications services. (This does not apply to communications services offered the separate subsidiary pursuant to tariff); ( 2 ) Shall disclose to the public all information relating to network design and technical standards and information affecting changes to the telecommunications network which would affect either intercarrier interconnection or the manner in which customer-premises equipment is attached to the interstate network prior to implementation and with reasonable advance notification. Such information shall be disclosed in compliance with the procedures set forth in 47 CFR 51.325 through 51.335 . ( 3 ) [Reserved] ( 4 ) Must obtain Commission approval as to the manner in which the separate corporation is to be capitalized, prior to obtaining any interest in the separate corporation or transferring any assets, and must obtain Commission approval of any modification to a Commission approved capitalization plan. ( e ) Except as otherwise ordered by the Commission, the carrier provision of customer premises equipment used in conjunction with the interstate telecommunications network may be offered in combination with the provision of common carrier communications services, except that the customer premises equipment shall not be offered on a tariffed basis. [ 45 FR 31364 , May 13, 1980, as amended at 46 FR 6008 , Jan. 21, 1981; 63 FR 20338 , Apr. 24, 1998; 64 FR 14148 , Mar. 24, 1999; 66 FR 19402 , Apr. 16, 2001] § 64.703 Consumer information. ( a ) Each provider of operator services shall: ( 1 ) Identify itself, audibly and distinctly, to the consumer at the beginning of each telephone call and before the consumer incurs any charge for the call; ( 2 ) Permit the consumer to terminate the telephone call at no charge before the call is connected; ( 3 ) Disclose immediately to the consumer, upon request and at no charge to the consumer— ( i ) A quotation of its rates or charges for the call; ( ii ) The methods by which such rates or charges will be collected; and ( iii ) The methods by which complaints concerning such rates, charges, or collection practices will be resolved; and ( 4 ) Disclose, audibly and distinctly to the consumer, at no charge and before connecting any interstate non-access code operator service call, how to obtain the total cost of the call, including any aggregator surcharge, or the maximum possible total cost of the call, including any aggregator surcharge, before providing further oral advice to the consumer on how to proceed to make the call. The oral disclosure required in this subsection shall instruct consumers that they may obtain applicable rate and surcharge quotations either, at the option of the provider of operator services, by dialing no more than two digits or by remaining on the line. The phrase “total cost of the call” as used in this paragraph means both the variable (duration-based) charges for the call and the total per-call charges, exclusive of taxes, that the carrier, or its billing agent, may collect from the consumer for the call. It does not include additional charges that may be assessed and collected without the involvement of the carrier, such as a hotel surcharge billed by a hotel. Such charges are addressed in paragraph (b) of this section. ( b ) Each aggregator shall post on or near the telephone instrument, in plain view of consumers: ( 1 ) The name, address, and toll-free telephone number of the provider of operator services; ( 2 ) Except for CMRS aggregators, a written disclosure that the rates for all operator-assisted calls are available on request, and that consumers have a right to obtain access to the interstate common carrier of their choice and may contact their preferred interstate common carriers for information on accessing that carrier's service using that telephone; ( 3 ) In the case of a pay telephone, the local coin rate for the pay telephone location; and ( 4 ) The name and address of the Consumer Information Bureau of the Commission (Federal Communications Commission, Consumer Information Bureau, Consumer Complaints—Telephone, Washington, D.C. 20554), to which the consumer may direct complaints regarding operator services. An existing posting that displays the address that was required prior to the amendment of this rules ( i.e., the address of the Common Carrier Bureau's Enforcement Division, which no longer exists) may remain until such time as the posting is replaced for any other purpose. Any posting made after the effective date of this amendment must display the updated address ( i.e., the address of the Consumer Information Bureau). ( c ) Updating of postings. The posting required by this section shall be updated as soon as practicable following any change of the carrier presubscribed to provide interstate service at an aggregator location, but no later than 30 days following such change. This requirement may be satisfied by applying to a payphone a temporary sticker displaying the required posting information, provided that any such temporary sticker shall be replaced with permanent signage during the next regularly scheduled maintenance visit. ( d ) Effect of state law or regulation. The requirements of paragraph (b) of this section shall not apply to an aggregator in any case in which State law or State regulation requires the aggregator to take actions that are substantially the same as those required in paragraph (b) of this section. ( e ) Each provider of operator services shall ensure, by contract or tariff, that each aggregator for which such provider is the presubscribed provider of operator services is in compliance with the requirements of paragraph (b) of this section. [ 56 FR 18523 , Apr. 23, 1991, as amended at 61 FR 14981 , Apr. 4, 1996; 61 FR 52323 , Oct. 7, 1996; 63 FR 11617 , Mar. 10, 1998; 63 FR 43041 , Aug. 11, 1998; 64 FR 47119 , Aug. 30, 1999; 67 FR 2819 , Jan. 22, 2002] § 64.704 Call blocking prohibited. ( a ) Each aggregator shall ensure that each of its telephones presubscribed to a provider of operator services allows the consumer to use “800” and “950” access code numbers to obtain access to the provider of operator services desired by the consumer. ( b ) Each provider of operator services shall: ( 1 ) Ensure, by contract or tariff, that each aggregator for which such provider is the presubscribed provider of operator services is in compliance with the requirements of paragraphs (a) and (c) of this section; and ( 2 ) Withhold payment (on a location-by-location basis) of any compensation, including commissions, to aggregators if such provider reasonably believes that the aggregator is blocking access to interstate common carriers in violation of paragraphs (a) or (c) of this section. ( c ) Each aggregator shall, by the earliest applicable date set forth in this paragraph, ensure that any of its equipment presubscribed to a provider of operator services allows the consumer to use equal access codes to obtain access to the consumer's desired provider of operator services. ( 1 ) Each pay telephone shall, within six (6) months of the effective date of this paragraph, allow the consumer to use equal access codes to obtain access to the consumer's desired provider of operator services. ( 2 ) All equipment that is technologically capable of identifying the dialing of an equal access code followed by any sequence of numbers that will result in billing to the originating telephone and that is technologically capable of blocking access through such dialing sequences without blocking access through other dialing sequences involving equal access codes, shall, within six (6) months of the effective date of this paragraph or upon installation, whichever is sooner, allow the consumer to use equal access codes to obtain access to the consumer's desired provider of operator services. ( 3 ) All equipment or software that is manufactured or imported on or after April 17, 1992, and installed by any aggregator shall, immediately upon installation by the aggregator, allow the consumer to use equal access codes to obtain access to the consumer's desired provider of operator services. ( 4 ) All equipment that can be modified at a cost of no more than $15.00 per line to be technologically capable of identifying the dialing of an equal access code followed by any sequence of numbers that will result in billing to the originating telephone and to be technologically capable of blocking access through such dialing sequences without blocking access through other dialing sequences involving equal access codes, shall, within eighteen (18) months of the effective date of this paragraph, allow the consumer to use equal access codes to obtain access to the consumer's desired provider of operator services. ( 5 ) All equipment not included in paragraphs (c)(1) , (c)(2) , (c)(3) , or (c)(4) of this section shall, no later than April 17, 1997, allow the consumer to use equal access codes to obtain access to the consumer's desired provider of operator services. ( 6 ) This paragraph does not apply to the use by consumers of equal access code dialing sequences that result in billing to the originating telephone. ( d ) All providers of operator services, except those employing a store-and-forward device that serves only consumers at the location of the device, shall establish an “800” or “950” access code number within six (6) months of the effective date of this paragraph. ( e ) The requirements of this section shall not apply to CMRS aggregators and providers of CMRS operator services. [ 56 FR 18523 , Apr. 23, 1991, as amended at 56 FR 40799 , Aug. 16, 1991; 57 FR 34260 , Aug. 4, 1992; 63 FR 43041 , Aug. 11, 1998] § 64.705 Restrictions on charges related to the provision of operator services. ( a ) A provider of operator services shall: ( 1 ) Not bill for unanswered telephone calls in areas where equal access is available; ( 2 ) Not knowingly bill for unanswered telephone calls where equal access is not available; ( 3 ) Not engage in call splashing, unless the consumer requests to be transferred to another provider of operator services, the consumer is informed prior to incurring any charges that the rates for the call may not reflect the rates from the actual originating location of the call, and the consumer then consents to be transferred; ( 4 ) Except as provided in paragraph (a)(3) of this section, not bill for a call that does not reflect the location of the origination of the call; and ( 5 ) Ensure, by contract or tariff, that each aggregator for which such provider is the presubscribed provider of operator services is in compliance with the requirements of paragraph (b) of this section. ( b ) An aggregator shall ensure that no charge by the aggregator to the consumer for using an “800” or “950” access code number, or any other access code number, is greater than the amount the aggregator charges for calls placed using the presubscribed provider of operator services. ( c ) The requirements of paragraphs (a)(5) and (b) of this section shall not apply to CMRS aggregators and providers of CMRS operator services. [ 56 FR 18523 , Apr. 23, 1991, as amended at 63 FR 43041 , Aug. 11, 1998] § 64.706 Minimum standards for the routing and handling of emergency telephone calls. Upon receipt of any emergency telephone call, providers of operator services and aggregators shall ensure immediate connection of the call to the appropriate emergency service of the reported location of the emergency, if known, and, if not known, of the originating location of the call. [ 61 FR 14981 , Apr. 4, 1996] § 64.707 Public dissemination of information by providers of operator services. Providers of operator services shall regularly publish and make available at no cost to inquiring consumers written materials that describe any recent changes in operator services and in the choices available to consumers in that market. [ 56 FR 18524 , Apr. 23, 1991] § 64.708 Definitions. As used in §§ 64.703 through 64.707 of this part and § 68.318 of this chapter ( 47 CFR 64.703-64.707 , 68.318 ): ( a ) Access code means a sequence of numbers that, when dialed, connect the caller to the provider of operator services associated with that sequence; ( b ) Aggregator means any person that, in the ordinary course of its operations, makes telephones available to the public or to transient users of its premises, for interstate telephone calls using a provider of operator services; ( c ) Call splashing means the transfer of a telephone call from one provider of operator services to another such provider in such a manner that the subsequent provider is unable or unwilling to determine the location of the origination of the call and, because of such inability or unwillingness, is prevented from billing the call on the basis of such location; ( d ) CMRS aggregator means an aggregator that, in the ordinary course of its operations, makes telephones available to the public or to transient users of its premises for interstate telephone calls using a provider of CMRS operator services; ( e ) CMRS operator services means operator services provided by means of a commercial mobile radio service as defined in section 20.3 of this chapter . ( f ) Consumer means a person initiating any interstate telephone call using operator services. In collect calling arrangements handled by a provider of operator services, the term consumer also includes the party on the terminating end of the call. For bill-to-third-party calling arrangements handled by a provider of operator services, the term consumer also includes the party to be billed for the call if the latter is contacted by the operator service provider to secure billing approval. ( g ) Equal access has the meaning given that term in Appendix B of the Modification of Final Judgment entered by the United States District Court on August 24, 1982, in United States v. Western Electric, Civil Action No. 82-0192 (D.D.C. 1982), as amended by the Court in its orders issued prior to October 17, 1990; ( h ) Equal access code means an access code that allows the public to obtain an equal access connection to the carrier associated with that code; ( i ) Operator services means any interstate telecommunications service initiated from an aggregator location that includes, as a component, any automatic or live assistance to a consumer to arrange for billing or completion, or both, of an interstate telephone call through a method other than: ( 1 ) Automatic completion with billing to the telephone from which the call originated; or ( 2 ) Completion through an access code used by the consumer, with billing to an account previously established with the carrier by the consumer; ( j ) Presubscribed provider of operator services means the interstate provider of operator services to which the consumer is connected when the consumer places a call using a provider of operator services without dialing an access code; ( k ) Provider of CMRS operator services means a provider of operator services that provides CMRS operator services; ( l ) Provider of operator services means any common carrier that provides operator services or any other person determined by the Commission to be providing operator services. [ 56 FR 18524 , Apr. 23, 1991; 56 FR 25721 , June 5, 1991, as amended at 61 FR 14981 , Apr. 4, 1996; 63 FR 43041 , Aug. 11, 1998; 67 FR 2820 , Jan. 22, 2002] § 64.709 Informational tariffs. ( a ) Informational tariffs filed pursuant to 47 U.S.C. 226(h)(1)(A) shall contain specific rates expressed in dollars and cents for each interstate operator service of the carrier and shall also contain applicable per call aggregator surcharges or other per-call fees, if any, collected from consumers by, or on behalf of, the carrier. ( b ) Per call fees, if any, billed on behalf of aggregators or others, shall be specified in informational tariffs in dollars and cents. ( c ) In order to remove all doubt as to their proper application, all informational tariffs must contain clear and explicit explanatory statements regarding the rates, i.e., the tariffed price per unit of service, and the regulations governing the offering of service in that tariff. ( d ) Informational tariffs shall be accompanied by a cover letter, addressed to the Secretary of the Commission, explaining the purpose of the filing. ( 1 ) The original of the cover letter shall be submitted to the Secretary without attachments, along with FCC Form 159, and the appropriate fee to the address set forth in § 1.1105 of this chapter . ( 2 ) Carriers should file informational tariffs and associated documents, such as cover letters and attachments, electronically in accordance with §§ 61.13 and 61.14 of this chapter . ( e ) Any changes to the tariff shall be submitted under a new cover letter with a complete copy of the tariff, including changes. ( 1 ) Changes to a tariff shall be explained in the cover letter but need not be symbolized on the tariff pages. ( 2 ) Revised tariffs shall be filled pursuant to the procedures specified in this section. [ 63 FR 11617 , Mar. 10, 1998; 63 FR 15316 , Mar. 31, 1998, as amended at 67 FR 2820 , Jan. 22, 2002; 73 FR 9031 , Feb. 19, 2008; 76 FR 43217 , July 20, 2011] § 64.710 Operator services for prison inmate phones. ( a ) Each provider of inmate operator services shall: ( 1 ) Identify itself and disclose, audibly and distinctly to the consumer, at no charge and before connecting any interstate, non-access code operator service call, how to obtain the total cost of the call, including any surcharge or premises-imposed-fee. The oral disclosure required in this paragraph shall instruct consumers that they may obtain applicable rate and surcharge quotations either, at the option of the provider of inmate operator services, by dialing no more than two digits or by remaining on the line. The phrase “total cost of the call,” as used in this paragraph, means both the variable (duration-based) charges for the call and the total per-call charges, exclusive of taxes, that the carrier, or its billing agent, may collect from the consumer for the call. Such phrase shall include any per-call surcharge imposed by the correctional institution, unless it is subject to regulation itself as a common carrier for imposing such surcharges, if the contract between the carrier and the correctional institution prohibits both resale and the use of pre-paid calling card arrangements. ( 2 ) Permit the consumer to terminate the telephone call at no charge before the call is connected; and ( 3 ) Disclose immediately to the consumer, upon request and at no charge to the consumer— ( i ) The methods by which its rates or charges for the call will be collected; and ( ii ) The methods by which complaints concerning such rates, charges or collection practices will be resolved. ( b ) As used in this subpart: ( 1 ) Consumer means the party to be billed for any interstate call from an inmate telephone; ( 2 ) Inmate telephone means a telephone instrument set aside by authorities of a prison or other correctional institution for use by inmates. ( 3 ) Inmate operator services means any interstate telecommunications service initiated from an inmate telephone that includes, as a component, any automatic or live assistance to a consumer to arrange for billing or completion, or both, of an interstate telephone call through a method other than: ( i ) Automatic completion with billing to the telephone from which the call originated; or ( ii ) Completion through an access code used by the consumer, with billing to an account previously established with the carrier by the consumer; ( 4 ) Provider of inmate operator services means any common carrier that provides outbound interstate operator services from inmate telephones. [ 63 FR 11617 , Mar. 10, 1998, as amended at 67 FR 2820 , Jan. 22, 2002] Subpart H—Extension of Unsecured Credit for Interstate and Foreign Communications Services to Candidates for Federal Office Authority: Secs. 4, 201, 202, 203, 218, 219, 48 Stat. 1066, 1070, 1077; 47 U.S.C. 154 , 201 , 202 , 203 , 218 , 219 ; sec. 401, 86 Stat. 19; 2 U.S.C. 451 . Source: 37 FR 9393 , May 10, 1972, unless otherwise noted. § 64.801 Purpose. Pursuant to section 401 of the Federal Election Campaign Act of 1971, Public Law 92-225, these rules prescribe the general terms and conditions for the extension of unsecured credit by a communication common carrier to a candidate or person on behalf of such candidate for Federal office. § 64.802 Applicability. These rules shall apply to each communication common carrier subject to the whole or part of the Communications Act of 1934, as amended. § 64.803 Definitions. For the purposes of this subpart: ( a ) Candidate means an individual who seeks nomination for election, or election, to Federal office, whether or not such individual is elected, and an individual shall be deemed to seek nomination for election, or election, if he has ( 1 ) taken the action necessary under the law of a State to qualify himself for nomination for election, or election, to Federal office, or ( 2 ) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office. ( b ) Election means ( 1 ) a general, special, primary, or runoff election, ( 2 ) a convention or caucus of a political party held to nominate a candidate, ( 3 ) a primary election held for the selection of delegates to a national nominating convention of a political party, and ( 4 ) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. ( c ) Federal office means the office of President or Vice President of the United States: or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. ( d ) Person means an individual, partnership, committee, association, corporation, labor organization, and any other organization or group of persons. ( e ) Unsecured credit means the furnishing of service without maintaining on a continuing basis advance payment, deposit, or other security, that is designed to assure payment of the estimated amount of service for each future 2 months period, with revised estimates to be made on at least a monthly basis. § 64.804 Rules governing the extension of unsecured credit to candidates or persons on behalf of such candidates for Federal office for interstate and foreign common carrier communication services. ( a ) There is no obligation upon a carrier to extend unsecured credit for interstate and foreign communication services to a candidate or person on behalf of such candidate for Federal office. However, if the carrier chooses to extend such unsecured credit, it shall comply with the requirements set forth in paragraphs (b) through (g) of this section. ( b ) If a carrier decides to extend unsecured credit to any candidate for Federal office or any person on behalf of such candidate, then unsecured credit shall be extended on substantially equal terms and conditions to all candidates and all persons on behalf of all candidates for the same office, with due regard for differences in the estimated quantity of service to be furnished each such candidate or person. [ 37 FR 9393 , May 10, 1972, as amended at 62 FR 5166 , Feb. 4, 1997; 82 FR 48778 , Oct. 20, 2017] Subpart I—Allocation of Costs § 64.901 Allocation of costs. ( a ) Carriers required to separate their regulated costs from nonregulated costs shall use the attributable cost method of cost allocation for such purpose. ( b ) In assigning or allocating costs to regulated and nonregulated activities, carriers shall follow the principles described herein. ( 1 ) Tariffed services provided to a nonregulated activity will be charged to the nonregulated activity at the tariffed rates and credited to the regulated revenue account for that service. Nontariffed services, offered pursuant to a section 252(e) agreement, provided to a nonregulated activity will be charged to the nonregulated activity at the amount set forth in the applicable interconnection agreement approved by a state commission pursuant to section 252(e) and credited to the regulated revenue account for that service. ( 2 ) Costs shall be directly assigned to either regulated or nonregulated activities whenever possible. ( 3 ) Costs which cannot be directly assigned to either regulated or nonregulated activities will be described as common costs. Common costs shall be grouped into homogeneous cost categories designed to facilitate the proper allocation of costs between a carrier's regulated and nonregulated activities. Each cost category shall be allocated between regulated and nonregulated activities in accordance with the following hierarchy: ( i ) Whenever possible, common cost categories are to be allocated based upon direct analysis of the origin of the cost themselves. ( ii ) When direct analysis is not possible, common cost categories shall be allocated based upon an indirect, cost-causative linkage to another cost category (or group of cost categories) for which a direct assignment or allocation is available. ( iii ) When neither direct nor indirect measures of cost allocation can be found, the cost category shall be allocated based upon a general allocator computed by using the ratio of all expenses directly assigned or attributed to regulated and nonregulated activities. ( 4 ) The allocation of central office equipment and outside plant investment costs between regulated and nonregulated activities shall be based upon the relative regulated and nonregulated usage of the investment during the calendar year when nonregulated usage is greatest in comparison to regulated usage during the three calendar years beginning with the calendar year during which the investment usage forecast is filed. ( c ) A telecommunications carrier may not use services that are not competitive to subsidize services subject to competition. Services included in the definition of universal service shall bear no more than a reasonable share of the joint and common costs of facilities used to provide those services. [ 52 FR 6560 , Mar. 4, 1987, as amended at 52 FR 39534 , Oct. 22, 1987; 54 FR 49762 , Dec. 1, 1989; 62 FR 45588 , Aug. 28, 1997; 67 FR 5702 , Feb. 6, 2002] § 64.902 Transactions with affiliates. Except for carriers which employ average schedules in lieu of determining their costs, all carriers subject to § 64.901 are also subject to the provisions of § 32.27 of this chapter concerning transactions with affiliates. [ 55 FR 30461 , July 26, 1990] § 64.903 Cost allocation manuals. ( a ) Each incumbent local exchange carrier having annual revenues from regulated telecommunications operations that are equal to or above the indexed revenue threshold (as defined in § 32.9000 of this chapter ) except mid-sized incumbent local exchange carriers is required to file a cost allocation manual describing how it separates regulated from nonregulated costs. The manual shall contain the following information regarding the carrier's allocation of costs between regulated and nonregulated activities: ( 1 ) A description of each of the carrier's nonregulated activities; ( 2 ) A list of all the activities to which the carrier now accords incidental accounting treatment and the justification therefor; ( 3 ) A chart showing all of the carrier's corporate affiliates; ( 4 ) A statement identifying each affiliate that engages in or will engage in transactions with the carrier and describing the nature, terms and frequency of each transaction; ( 5 ) A cost apportionment table showing, for each account containing costs incurred in providing regulated services, the cost pools with that account, the procedures used to place costs into each cost pool, and the method used to apportion the costs within each cost pool between regulated and nonregulated activities; and ( 6 ) A description of the time reporting procedures that the carrier uses, including the methods or studies designed to measure and allocate non-productive time. ( b ) Each carrier shall ensure that the information contained in its cost allocation manual is accurate. Carriers must update their cost allocation manuals at least annually, except that changes to the cost apportionment table and to the description of time reporting procedures must be filed at the time of implementation. Annual cost allocation manual updates shall be filed on or before the last working day of each calendar year. Proposed changes in the description of time reporting procedures, the statement concerning affiliate transactions, and the cost apportionment table must be accompanied by a statement quantifying the impact of each change on regulated operations. Changes in the description of time reporting procedures and the statement concerning affiliate transactions must be quantified in $100,000 increments at the account level. Changes in cost apportionment tables must be quantified in $100,000 increments at the cost pool level. The Chief, Wireline Competition Bureau may suspend any such changes for a period not to exceed 180 days, and may thereafter allow the change to become effective or prescribe a different procedure. ( c ) The Commission may by order require any other communications common carrier to file and maintain a cost allocation manual as provided in this section. [ 57 FR 4375 , Feb. 5, 1992, as amended at 59 FR 46358 , Sept. 8, 1994; 61 FR 50246 , Sept. 25, 1996; 62 FR 39779 , July 24, 1997; 65 FR 16335 , Mar. 28, 2000; 67 FR 5702 , Feb. 6, 2002; 67 FR 13229 , Mar. 21, 2002] § 64.904 Independent audits. ( a ) Each carrier required to file a cost allocation manual shall elect to either have an attest engagement performed by an independent auditor every two years, covering the prior two year period, or have a financial audit performed by an independent auditor every two years, covering the prior two year period. In either case, the initial engagement shall be performed in the calendar year after the carrier is first required to file a cost allocation manual. ( b ) The attest engagement shall be an examination engagement and shall provide a written communication that expresses an opinion that the systems, processes, and procedures applied by the carrier to generate the results reported pursuant to § 43.21(e)(2) of this chapter comply with the Commission's Joint Cost Orders issued in conjunction with CC Docket No. 86-111, the Commission's Accounting Safeguards proceeding in CC Docket No. 96-150, and the Commission's rules and regulations including §§ 32.23 and 32.27 of this chapter , and §§ 64.901 , and 64.903 in force as of the date of the auditor's report. At least 30 days prior to beginning the attestation engagement, the independent auditors shall provide the Commission with the audit program. The attest engagement shall be conducted in accordance with the attestation standards established by the American Institute of Certified Public Accountants, except as otherwise directed by the Chief, Enforcement Bureau. ( c ) The biennial financial audit shall provide a positive opinion on whether the applicable date shown in the carrier's annual report required by § 43.21(e)(2) of this chapter present fairly, in all material respects, the information of the Commission's Joint Cost Orders issued in conjunction with CC Docket No. 86-111, the Commission's Accounting Safeguards proceeding in CC Docket No. 96-150, and the Commission's rules and regulations including §§ 32.23 and 32.27 of this chapter , and §§ 64.901 , and 64.903 in force as of the date of the auditor's report. The audit shall be conducted in accordance with generally accepted auditing standards, except as otherwise directed by the Chief, Enforcement Bureau. The report of the independent auditor shall be filed at the time that the carrier files the annual reports required by § 43.21(e)(2) of this chapter . [ 67 FR 5702 , Feb. 6, 2002, as amended at 67 FR 13229 , Mar. 21, 2002] § 64.905 Annual certification. A mid-sized incumbent local exchange carrier, as defined in § 32.9000 of this chapter , shall file a certification with the Commission stating that it is complying with § 64.901 . The certification must be signed, under oath, by an officer of the mid-sized incumbent LEC, and filed with the Commission on an annual basis at the time that the mid-sized incumbent LEC files the annual reports required by § 43.21(e)(2) of this chapter . [ 67 FR 5702 , Feb. 6, 2002] Subpart J—Recovery of Investments and Expenses in Regulated Interstate Rates Source: 83 FR 18965 , May 1, 2018, unless otherwise noted. § 64.1000 Scope. This subpart is applicable only to rate-of-return carriers as defined in § 54.5 of this chapter receiving Connect America Fund Broadband Loop Support as described in § 54.901 of this chapter . § 64.1001 Purpose. This subpart is intended to ensure that only used and useful investments and expenses are recovered through regulated interstate rates pursuant to section 201(b) of the Communications Act as amended (the Act), 47 U.S.C. 201(b) . § 64.1002 Investments and expenses. ( a ) Investment and expenses not used and useful in the ordinary course. The following investments and expenses are presumed not used and useful (and thus unreasonable): ( 1 ) Personal expenses, including but not limited to personal expenses for food and beverages, housing, such as rent or mortgages, vehicles for personal use, and personal travel; ( 2 ) Tangible property not logically related or necessary to offering voice or broadband services; ( 3 ) Political contributions; ( 4 ) Membership fees and dues in social, service and recreational, or athletic clubs or organizations; ( 5 ) Penalties or fines for statutory or regulatory violations; and ( 6 ) Penalties or fees for late payments on debt, loans, or other payments. ( b ) Non-customary investments and expenses. Unless customary for similarly situated companies, the following investments and expenses are presumed not used and useful (and thus unreasonable): ( 1 ) Personal benefits, such as gifts, housing allowances, and childcare, that are not part of taxable compensation; ( 2 ) Artwork and other objects that possess aesthetic value that are displayed in the workplace; ( 3 ) Aircraft, watercraft, and off-road vehicles used for work and work-related purposes; ( 4 ) Cafeterias and dining facilities; ( 5 ) Charitable donations; ( 6 ) Entertainment; ( 7 ) Food and beverage expenses for work and work-related travel; ( 8 ) Membership fees and dues associated with professional organizations; ( 9 ) Scholarships; and ( 10 ) Sponsorships of conferences or community events. Subpart K—Changes in Preferred Telecommunications Service Providers § 64.1100 Definitions. ( a ) The term submitting carrier is generally any telecommunications carrier that requests on the behalf of a subscriber that the subscriber's telecommunications carrier be changed, and seeks to provide retail services to the end user subscriber. A carrier may be treated as a submitting carrier, however, if it is responsible for any unreasonable delays in the submission of carrier change requests or for the submission of unauthorized carrier change requests, including fraudulent authorizations. ( b ) The term executing carrier is generally any telecommunications carrier that effects a request that a subscriber's telecommunications carrier be changed. A carrier may be treated as an executing carrier, however, if it is responsible for any unreasonable delays in the execution of carrier changes or for the execution of unauthorized carrier changes, including fraudulent authorizations. ( c ) The term authorized carrier is generally any telecommunications carrier that submits a change, on behalf of a subscriber, in the subscriber's selection of a provider of telecommunications service with the subscriber's authorization verified in accordance with the procedures specified in this part. ( d ) The term unauthorized carrier is generally any telecommunications carrier that submits a change, on behalf of a subscriber, in the subscriber's selection of a provider of telecommunications service but fails to obtain the subscriber's authorization verified in accordance with the procedures specified in this part. ( e ) The term unauthorized change is a change in a subscriber's selection of a provider of telecommunications service that was made without authorization verified in accordance with the verification procedures specified in this part. ( f ) The term state commission shall include any state entity with the state-designated authority to resolve the complaints of such state's residents arising out of an allegation that an unauthorized change of a telecommunication service provider has occurred that has elected, in accordance with the requirements of § 64.1110(a) , to administer the Federal Communications Commission's slamming rules and remedies, as enumerated in §§ 64.1100 through 64.1190 . ( g ) The term relevant governmental agency shall be the state commission if the complainant files a complaint with the state commission or if the complaint is forwarded to the state commission by the Federal Communications Commission, and the Federal Communications Commission if the complainant files a complaint with the Federal Communications Commission, and the complaint is not forwarded to a state commission. ( h ) The term subscriber is any one of the following: ( 1 ) The party identified in the account records of a common carrier as responsible for payment of the telephone bill; ( 2 ) Any adult person authorized by such party to change telecommunications services or to charge services to the account; or ( 3 ) Any person contractually or otherwise lawfully authorized to represent such party. [ 65 FR 47690 , Aug. 3, 2000, as amended at 66 FR 12892 , Mar. 1, 2001] § 64.1110 State notification of election to administer FCC rules. ( a ) Initial Notification. State notification of an intention to administer the Federal Communications Commission's unauthorized carrier change rules and remedies, as enumerated in §§ 64.1100 through 64.1190 , shall be filed with the Commission Secretary in CC Docket No. 94-129 with a copy of such notification provided to the Consumer & Governmental Affairs Bureau Chief. Such notification shall contain, at a minimum, information on where consumers should file complaints, the type of documentation, if any, that must accompany a complaint, and the procedures the state will use to adjudicate complaints. ( b ) Withdrawal of Notification. State notification of an intention to discontinue administering the Federal Communications Commission's unauthorized carrier change rules and remedies, as enumerated in §§ 64.1100 through 64.1190 , shall be filed with the Commission Secretary in CC Docket No. 94-129 with a copy of such amended notification provided to the Consumer & Governmental Affairs Bureau Chief. Such discontinuance shall become effective 60 days after the Commission's receipt of the state's letter. [ 65 FR 47691 , Aug. 3, 2000, as amended at 73 FR 13149 , Mar. 12, 2008] § 64.1120 Verification of orders for telecommunications service. ( a ) No telecommunications carrier shall submit or execute a change on the behalf of a subscriber in the subscriber's selection of a provider of telecommunications service except in accordance with the procedures prescribed in this subpart. Nothing in this section shall preclude any State commission from enforcing these procedures with respect to intrastate services. ( 1 ) No submitting carrier shall submit a change on the behalf of a subscriber in the subscriber's selection of a provider of telecommunications service prior to obtaining: ( i ) Authorization from the subscriber, subject to the following: ( A ) Material misrepresentation on the sales call is prohibited. Upon a consumer's credible allegation of a sales call misrepresentation, the burden of proof shifts to the carrier making the sales call to provide persuasive evidence to rebut the claim. Upon a finding that such a material misrepresentation has occurred on a sales call, the subscriber's authorization to switch carriers will be deemed invalid. ( B ) [Reserved] ( ii ) Verification of that authorization in accordance with the procedures prescribed in this section. The submitting carrier shall maintain and preserve records of verification of subscriber authorization for a minimum period of two years after obtaining such verification. ( 2 ) An executing carrier shall not verify the submission of a change in a subscriber's selection of a provider of telecommunications service received from a submitting carrier. For an executing carrier, compliance with the procedures described in this part shall be defined as prompt execution, without any unreasonable delay, of changes that have been verified by a submitting carrier. ( 3 ) Commercial mobile radio services (CMRS) providers shall be excluded from the verification requirements of this part as long as they are not required to provide equal access to common carriers for the provision of telephone toll services, in accordance with 47 U.S.C. 332(c)(8) . ( b ) Any telecommunications carrier that becomes the subject of a Commission forfeiture action through a violation of the third-party verification process set forth in paragraph (c)(3) of this section will be suspended for a five-year period from utilizing the third-party verification process to confirm a carrier change. ( c ) No telecommunications carrier shall submit a preferred carrier change order unless and until the order has been confirmed in accordance with one of the following procedures: ( 1 ) The telecommunications carrier has obtained the subscriber's written or electronically signed authorization in a form that meets the requirements of § 64.1130 ; or ( 2 ) The telecommunications carrier has obtained the subscriber's electronic authorization to submit the preferred carrier change order. Such authorization must be placed from the telephone number(s) on which the preferred carrier is to be changed and must confirm the information in paragraph (a)(1) of this section. Telecommunications carriers electing to confirm sales electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. Calls to the number(s) will connect a subscriber to a voice response unit, or similar mechanism, that records the required information regarding the preferred carrier change, including automatically recording the originating automatic number identification; or ( 3 ) An appropriately qualified independent third party has obtained, in accordance with the procedures set forth in paragraphs (c)(3)(i) through (c)(3)(iv) of this section, the subscriber's oral authorization to submit the preferred carrier change order that confirms and includes appropriate verification data (e.g., the subscriber's date of birth or social security number). The independent third party must not be owned, managed, controlled, or directed by the carrier or the carrier's marketing agent; must not have any financial incentive to confirm preferred carrier change orders for the carrier or the carrier's marketing agent; and must operate in a location physically separate from the carrier or the carrier's marketing agent. ( i ) Methods of third party verification. Automated third party verification systems and three-way conference calls may be used for verification purposes so long as the requirements of paragraphs (c)(3)(ii) through (c)(3)(iv) of this section are satisfied. ( ii ) Carrier initiation of third party verification. A carrier or a carrier's sales representative initiating a three-way conference call or a call through an automated verification system must drop off the call once the three-way connection has been established. ( iii ) Requirements for content and format of third party verification. Any description of the carrier change transaction by a third party verifier must not be misleading, and all third party verification methods shall elicit, at a minimum: The date of the verification; the identity of the subscriber; confirmation that the person on the call is authorized to make the carrier change; confirmation that the person on the call wants to make the carrier change; confirmation that the person on the call understands that a carrier change, not an upgrade to existing service, bill consolidation, or any other misleading description of the transaction, is being authorized; the names of the carriers affected by the change (not including the name of the displaced carrier); the telephone numbers to be switched; and the types of service involved (including a brief description of a service about which the subscriber demonstrates confusion regarding the nature of that service). Except in Hawaii, any description of interLATA or long distance service shall convey that it encompasses both international and state-to-state calls, as well as some intrastate calls where applicable. If the subscriber has additional questions for the carrier's sales representative during the verification, the verifier shall indicate to the subscriber that, upon completion of the verification process, the subscriber will have authorized a carrier change. Third party verifiers may not market the carrier's services by providing additional information, including information regarding preferred carrier freeze procedures. ( iv ) Other requirements for third party verification. All third party verifications shall be conducted in the same language that was used in the underlying sales transaction and shall be recorded in their entirety. In accordance with the procedures set forth in 64.1120(a)(1)(ii) , submitting carriers shall maintain and preserve audio records of verification of subscriber authorization for a minimum period of two years after obtaining such verification. Automated systems must provide consumers with an option to speak with a live person at any time during the call. ( 4 ) Any State-enacted verification procedures applicable to intrastate preferred carrier change orders only. ( d ) Telecommunications carriers must provide subscribers the option of using one of the authorization and verification procedures specified in § 64.1120(c) in addition to an electronically signed authorization and verification procedure under 64.1120(c)(1) . ( e ) A telecommunications carrier may acquire, through a sale or transfer, either part or all of another telecommunica- tions carrier's subscriber base without obtaining each subscriber's authorization and verification in accordance with § 64.1120(c) , provided that the acquiring carrier complies with the following streamlined procedures. A telecommunications carrier may not use these streamlined procedures for any fraudulent purpose, including any attempt to avoid liability for violations under part 64, subpart K of the Commission rules. ( 1 ) No later than 30 days before the planned transfer of the affected subscribers from the selling or transferring carrier to the acquiring carrier, the acquiring carrier shall file with the Commission's Office of the Secretary a letter notification in CC Docket No. 00-257 providing the names of the parties to the transaction, the types of telecommunications services to be provided to the affected subscribers, and the date of the transfer of the subscriber base to the acquiring carrier. In the letter notification, the acquiring carrier also shall certify compliance with the requirement to provide advance subscriber notice in accordance with § 64.1120(e)(3) , with the obligations specified in that notice, and with other statutory and Commission requirements that apply to this streamlined process. In addition, the acquiring carrier shall attach a copy of the notice sent to the affected subscribers. ( 2 ) If, subsequent to the filing of the letter notification with the Commission required by § 64.1120(e)(1) , any material changes to the required information should develop, the acquiring carrier shall file written notification of these changes with the Commission no more than 10 days after the transfer date announced in the prior notification. The Commission reserves the right to require the acquiring carrier to send an additional notice to the affected subscribers regarding such material changes. ( 3 ) Not later than 30 days before the transfer of the affected subscribers from the selling or transferring carrier to the acquiring carrier, the acquiring carrier shall provide written notice to each affected subscriber of the information specified. The acquiring carrier is required to fulfill the obligations set forth in the advance subscriber notice. The advance subscriber notice shall be provided in a manner consistent with 47 U.S.C. 255 and the Commission's rules regarding accessibility to blind and visually-impaired consumers, 47 CFR 6.3 , 6.5 of this chapter. The following information must be included in the advance subscriber notice: ( i ) The date on which the acquiring carrier will become the subscriber's new provider of telecommunications service, ( ii ) The rates, terms, and conditions of the service(s) to be provided by the acquiring carrier upon the subscriber's transfer to the acquiring carrier, and the means by which the acquiring carrier will notify the subscriber of any change(s) to these rates, terms, and conditions. ( iii ) The acquiring carrier will be responsible for any carrier change charges associated with the transfer, except where the carrier is acquiring customers by default, other than through bankruptcy, and state law requires the exiting carrier to pay these costs; ( iv ) The subscriber's right to select a different preferred carrier for the telecommunications service(s) at issue, if an alternative carrier is available, ( v ) All subscribers receiving the notice, even those who have arranged preferred carrier freezes through their local service providers on the service(s) involved in the transfer, will be transferred to the acquiring carrier, unless they have selected a different carrier before the transfer date; existing preferred carrier freezes on the service(s) involved in the transfer will be lifted; and the subscribers must contact their local service providers to arrange a new freeze. ( vi ) Whether the acquiring carrier will be responsible for handling any complaints filed, or otherwise raised, prior to or during the transfer against the selling or transferring carrier, and ( vii ) The toll-free customer service telephone number of the acquiring carrier. [ 65 FR 47691 , Aug. 3, 2000, as amended at 66 FR 12892 , Mar. 1, 2001; 66 FR 28124 , May 22, 2001; 68 FR 19159 , Apr. 18, 2003; 70 FR 12611 , Mar. 15, 2005; 73 FR 13149 , Mar. 12, 2008; 83 FR 33143 , July 17, 2018] § 64.1130 Letter of agency form and content. ( a ) A telecommunications carrier may use a written or electronically signed letter of agency to obtain authorization and/or verification of a subscriber's request to change his or her preferred carrier selection. A letter of agency that does not conform with this section is invalid for purposes of this part. ( b ) The letter of agency shall be a separate document (or an easily separable document) or located on a separate screen or webpage containing only the authorizing language described in paragraph (e) of this section having the sole purpose of authorizing a telecommunications carrier to initiate a preferred carrier change. The letter of agency must be signed and dated by the subscriber to the telephone line(s) requesting the preferred carrier change. ( c ) The letter of agency shall not be combined on the same document, screen, or webpage with inducements of any kind. ( d ) Notwithstanding paragraphs (b) and (c) of this section, the letter of agency may be combined with checks that contain only the required letter of agency language as prescribed in paragraph (e) of this section and the necessary information to make the check a negotiable instrument. The letter of agency check shall not contain any promotional language or material. The letter of agency check shall contain in easily readable, bold-face type on the front of the check, a notice that the subscriber is authorizing a preferred carrier change by signing the check. The letter of agency language shall be placed near the signature line on the back of the check. ( e ) At a minimum, the letter of agency must be printed with a type of sufficient size and readable type to be clearly legible and must contain clear and unambiguous language that confirms: ( 1 ) The subscriber's billing name and address and each telephone number to be covered by the preferred carrier change order; ( 2 ) The decision to change the preferred carrier from the current telecommunications carrier to the soliciting telecommunications carrier; ( 3 ) That the subscriber designates [insert the name of the submitting carrier] to act as the subscriber's agent for the preferred carrier change; ( 4 ) That the subscriber understands that only one telecommunications carrier may be designated as the subscriber's interstate or interLATA preferred interexchange carrier for any one telephone number. To the extent that a jurisdiction allows the selection of additional preferred carriers (e.g., local exchange, intraLATA toll, interLATA toll, or international interexchange), the letter of agency must contain separate statements regarding those choices, although a separate letter of agency for each choice is not necessary; and ( 5 ) That the subscriber may consult with the carrier as to whether a fee will apply to the change in the subscriber's preferred carrier. ( f ) Any carrier designated in a letter of agency as a preferred carrier must be the carrier directly setting the rates for the subscriber. ( g ) Letters of agency shall not suggest or require that a subscriber take some action in order to retain the subscriber's current telecommunications carrier. ( h ) If any portion of a letter of agency is translated into another language then all portions of the letter of agency must be translated into that language. Every letter of agency must be translated into the same language as any promotional materials, oral descriptions or instructions provided with the letter of agency. ( i ) Letters of agency submitted with an electronically signed authorization must include the consumer disclosures required by Section 101(c) of the Electronic Signatures in Global and National Commerce Act. ( j ) A telecommunications carrier shall submit a preferred carrier change order on behalf of a subscriber within no more than 60 days of obtaining a written or electronically signed letter of agency. However, letters of agency for multi-line and/or multi-location business customers that have entered into negotiated agreements with carriers to add presubscribed lines to their business locations during the course of a term agreement shall be valid for the period specified in the term agreement. [ 64 FR 7760 , Feb. 16, 1999. Redesignated at 65 FR 47692 , Aug. 3, 2000, as amended at 66 FR 12893 , Mar. 1, 2001; 66 FR 16151 , Mar. 23, 2001; 68 FR 19159 , Apr. 18, 2003; 73 FR 13149 , Mar. 12, 2008] § 64.1140 Carrier liability for slamming. ( a ) Carrier Liability for Charges. Any submitting telecommunications carrier that fails to comply with the procedures prescribed in this part shall be liable to the subscriber's properly authorized carrier in an amount equal to 150% of all charges paid to the submitting telecommunications carrier by such subscriber after such violation, as well as for additional amounts as prescribed in § 64.1170 . The remedies provided in this part are in addition to any other remedies available by law. ( b ) Subscriber Liability for Charges. Any subscriber whose selection of telecommunications services provider is changed without authorization verified in accordance with the procedures set for in this part is liable for charges as follows: ( 1 ) If the subscriber has not already paid charges to the unauthorized carrier, the subscriber is absolved of liability for charges imposed by the unauthorized carrier for service provided during the first 30 days after the unauthorized change. Upon being informed by a subscriber that an unauthorized change has occurred, the authorized carrier, the unauthorized carrier, or the executing carrier shall inform the subscriber of this 30-day absolution period. Any charges imposed by the unauthorized carrier on the subscriber for service provided after this 30-day period shall be paid by the subscriber to the authorized carrier at the rates the subscriber was paying to the authorized carrier at the time of the unauthorized change in accordance with the provisions of § 64.1160(e) . ( 2 ) If the subscriber has already paid charges to the unauthorized carrier, and the authorized carrier receives payment from the unauthorized carrier as provided for in paragraph (a) of this section, the authorized carrier shall refund or credit to the subscriber any amounts determined in accordance with the provisions of § 64.1170(c) . ( 3 ) If the subscriber has been absolved of liability as prescribed by this section, the unauthorized carrier shall also be liable to the subscriber for any charge required to return the subscriber to his or her properly authorized carrier, if applicable. [ 65 FR 47691 , Aug. 3, 2000] § 64.1150 Procedures for resolution of unauthorized changes in preferred carrier. ( a ) Notification of alleged unauthorized carrier change. Executing carriers who are informed of an unauthorized carrier change by a subscriber must immediately notify both the authorized and allegedly unauthorized carrier of the incident. This notification must include the identity of both carriers. ( b ) Referral of complaint. Any carrier, executing, authorized, or allegedly unauthorized, that is informed by a subscriber or an executing carrier of an unauthorized carrier change shall direct that subscriber either to the state commission or, where the state commission has not opted to administer these rules, to the Federal Communications Commission's Consumer & Governmental Affairs Bureau, for resolution of the complaint. Carriers shall also inform the subscriber that he or she may contact and seek resolution from the alleged unauthorized carrier and, in addition, may contact the authorized carrier. ( c ) Notification of receipt of complaint. Upon receipt of an unauthorized carrier change complaint, the relevant governmental agency will notify the allegedly unauthorized carrier of the complaint and order that the carrier remove all unpaid charges for the first 30 days after the slam from the subscriber's bill pending a determination of whether an unauthorized change, as defined by § 64.1100(e) , has occurred, if it has not already done so. ( d ) Proof of verification. Not more than 30 days after notification of the complaint, or such lesser time as is required by the state commission if a matter is brought before a state commission, the alleged unauthorized carrier shall provide to the relevant government agency a copy of any valid proof of verification of the carrier change. This proof of verification must contain clear and convincing evidence of a valid authorized carrier change, as that term is defined in §§ 64.1120 through 64.1130 . The relevant governmental agency will determine whether an unauthorized change, as defined by § 64.1100(e) , has occurred using such proof and any evidence supplied by the subscriber. Failure by the carrier to respond or provide proof of verification will be presumed to be clear and convincing evidence of a violation. ( e ) Election of forum. The Federal Communications Commission will not adjudicate a complaint filed pursuant to § 1.719 or §§ 1.720 through 1.736 of this chapter , involving an alleged unauthorized change, as defined by § 64.1100(e) , while a complaint based on the same set of facts is pending with a state commission. [ 65 FR 47692 , Aug. 3, 2000, as amended at 68 FR 19159 , Apr. 18, 2003; 73 FR 13149 , Mar. 12, 2008] § 64.1160 Absolution procedures where the subscriber has not paid charges. ( a ) This section shall only apply after a subscriber has determined that an unauthorized change, as defined by § 64.1100(e) , has occurred and the subscriber has not paid charges to the allegedly unauthorized carrier for service provided for 30 days, or a portion thereof, after the unauthorized change occurred. ( b ) An allegedly unauthorized carrier shall remove all charges incurred for service provided during the first 30 days after the alleged unauthorized change occurred, as defined by § 64.1100(e) , from a subscriber's bill upon notification that such unauthorized change is alleged to have occurred. ( c ) An allegedly unauthorized carrier may challenge a subscriber's allegation that an unauthorized change, as defined by § 64.1100(e) , occurred. An allegedly unauthorized carrier choosing to challenge such allegation shall immediately notify the complaining subscriber that: The complaining subscriber must file a complaint with a State commission that has opted to administer the FCC's rules, pursuant to § 64.1110 , or the FCC within 30 days of either the date of removal of charges from the complaining subscriber's bill in accordance with paragraph (b) of this section, or the date the allegedly unauthorized carrier notifies the complaining subscriber of the requirements of this paragraph, whichever is later; and a failure to file such a complaint within this 30-day time period will result in the charges removed pursuant to paragraph (b) of this section being reinstated on the subscriber's bill and, consequently, the complaining subscriber will only be entitled to remedies for the alleged unauthorized change other than those provided for in § 64.1140(b)(1) . No allegedly unauthorized carrier shall reinstate charges to a subscriber's bill pursuant to the provisions of this paragraph without first providing such subscriber with a reasonable opportunity to demonstrate that the requisite complaint was timely filed within the 30-day period described in this paragraph. ( d ) If the relevant governmental agency determines after reasonable investigation that an unauthorized change, as defined by § 64.1100(e) , has occurred, an order shall be issued providing that the subscriber is entitled to absolution from the charges incurred during the first 30 days after the unauthorized carrier change occurred, and neither the authorized or unauthorized carrier may pursue any collection against the subscriber for those charges. ( e ) The Federal Communications Commission will not adjudicate a complaint filed pursuant to §§ 1.719 or §§ 1.720-1.740 of this chapter , involving an alleged unauthorized change, as defined by § 64.1100(e) , while a complaint based on the same set of facts is pending with a state commission. ( f ) If the unauthorized carrier received payment from the subscriber for services provided after the first 30 days after the unauthorized change occurred, the obligations for payments and refunds provided for in § 64.1170 shall apply to those payments. If the relevant governmental agency determines after reasonable investigation that the carrier change was authorized, the carrier may re-bill the subscriber for charges incurred. ( g ) When a LEC has assigned a subscriber to a carrier without authorization, and where the subscriber has not paid the unauthorized charges, the LEC shall switch the subscriber to the desired carrier at no cost to the subscriber, and shall also secure the removal of the unauthorized charges from the subscriber's bill in accordance with the procedures specified in paragraphs (a) through (f) of this section. [ 65 FR 47692 , Aug. 3, 2000, as amended at 68 FR 19159 , Apr. 18, 2003; 73 FR 13149 , Mar. 12, 2008; 83 FR 44843 , Sept. 4, 2018] § 64.1170 Reimbursement procedures where the subscriber has paid charges. ( a ) The procedures in this section shall only apply after a subscriber has determined that an unauthorized change, as defined by § 64.1100(e) , has occurred and the subscriber has paid charges to an allegedly unauthorized carrier. ( b ) If the relevant governmental agency determines after reasonable investigation that an unauthorized change, as defined by § 64.1100(e) , has occurred, it shall issue an order directing the unauthorized carrier to forward to the authorized carrier the following, in addition to any appropriate state remedies: ( 1 ) An amount equal to 150% of all charges paid by the subscriber to the unauthorized carrier; and ( 2 ) Copies of any telephone bills issued from the unauthorized carrier to the subscriber. This order shall be sent to the subscriber, the unauthorized carrier, and the authorized carrier. ( c ) Within ten days of receipt of the amount provided for in paragraph (b)(1) of this section, the authorized carrier shall provide a refund or credit to the subscriber in the amount of 50% of all charges paid by the subscriber to the unauthorized carrier. The subscriber has the option of asking the authorized carrier to re-rate the unauthorized carrier's charges based on the rates of the authorized carrier and, on behalf of the subscriber, seek an additional refund from the unauthorized carrier, to the extent that the re-rated amount exceeds the 50% of all charges paid by the subscriber to the unauthorized carrier. The authorized carrier shall also send notice to the relevant governmental agency that it has given a refund or credit to the subscriber. ( d ) If an authorized carrier incurs billing and collection expenses in collecting charges from the unauthorized carrier, the unauthorized carrier shall reimburse the authorized carrier for reasonable expenses. ( e ) If the authorized carrier has not received payment from the unauthorized carrier as required by paragraph (c) of this section, the authorized carrier is not required to provide any refund or credit to the subscriber. The authorized carrier must, within 45 days of receiving an order as described in paragraph (b) of this section, inform the subscriber and the relevant governmental agency that issued the order if the unauthorized carrier has failed to forward to it the appropriate charges, and also inform the subscriber of his or her right to pursue a claim against the unauthorized carrier for a refund of all charges paid to the unauthorized carrier. ( f ) Where possible, the properly authorized carrier must reinstate the subscriber in any premium program in which that subscriber was enrolled prior to the unauthorized change, if the subscriber's participation in that program was terminated because of the unauthorized change. If the subscriber has paid charges to the unauthorized carrier, the properly authorized carrier shall also provide or restore to the subscriber any premiums to which the subscriber would have been entitled had the unauthorized change not occurred. The authorized carrier must comply with the requirements of this section regardless of whether it is able to recover from the unauthorized carrier any charges that were paid by the subscriber. ( g ) When a LEC has assigned a subscriber to a non-affiliated carrier without authorization, and when a subscriber has paid the non-affiliated carrier the charges for the billed service, the LEC shall reimburse the subscriber for all charges paid by the subscriber to the unauthorized carrier and shall switch the subscriber to the desired carrier at no cost to the subscriber. When a LEC makes an unauthorized carrier change to an affiliated carrier, and when the customer has paid the charges, the LEC must pay to the authorized carrier 150% of the amounts collected from the subscriber in accordance with paragraphs (a) through (f) of this section. [ 65 FR 47693 , Aug. 3, 2000, as amended at 68 FR 19159 , Apr. 18, 2003] § 64.1190 Preferred carrier freezes. ( a ) A preferred carrier freeze (or freeze) prevents a change in a subscriber's preferred carrier selection unless the subscriber gives the carrier from whom the freeze was requested his or her express consent. All local exchange carriers who offer preferred carrier freezes must comply with the provisions of this section. ( b ) All local exchange carriers who offer preferred carrier freezes shall offer freezes on a nondiscriminatory basis to all subscribers, regardless of the subscriber's carrier selections. ( c ) Preferred carrier freeze procedures, including any solicitation, must clearly distinguish among telecommunications services (e.g., local exchange, intraLATA toll, and interLATA toll) subject to a preferred carrier freeze. The carrier offering the freeze must obtain separate authorization for each service for which a preferred carrier freeze is requested. ( d ) Solicitation and imposition of preferred carrier freezes. ( 1 ) All carrier-provided solicitation and other materials regarding preferred carrier freezes must include: ( i ) An explanation, in clear and neutral language, of what a preferred carrier freeze is and what services may be subject to a freeze; ( ii ) A description of the specific procedures necessary to lift a preferred carrier freeze; an explanation that these steps are in addition to the Commission's verification rules in §§ 64.1120 and 64.1130 for changing a subscriber's preferred carrier selections; and an explanation that the subscriber will be unable to make a change in carrier selection unless he or she lifts the freeze. ( iii ) An explanation of any charges associated with the preferred carrier freeze. ( 2 ) No local exchange carrier shall implement a preferred carrier freeze unless the subscriber's request to impose a freeze has first been confirmed in accordance with one of the following procedures: ( i ) The local exchange carrier has obtained the subscriber's written or electronically signed authorization in a form that meets the requirements of § 64.1190(d)(3) ; or ( ii ) The local exchange carrier has obtained the subscriber's electronic authorization, placed from the telephone number(s) on which the preferred carrier freeze is to be imposed, to impose a preferred carrier freeze. The electronic authorization should confirm appropriate verification data (e.g., the subscriber's date of birth or social security number) and the information required in §§ 64.1190(d)(3)(ii)(A) through (D) . Telecommunications carriers electing to confirm preferred carrier freeze orders electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. Calls to the number(s) will connect a subscriber to a voice response unit, or similar mechanism that records the required information regarding the preferred carrier freeze request, including automatically recording the originating automatic numbering identification; or ( iii ) An appropriately qualified independent third party has obtained the subscriber's oral authorization to submit the preferred carrier freeze and confirmed the appropriate verification data (e.g., the subscriber's date of birth or social security number) and the information required in § 64.1190(d)(3)(ii)(A) through (D) . The independent third party must not be owned, managed, or directly controlled by the carrier or the carrier's marketing agent; must not have any financial incentive to confirm preferred carrier freeze requests for the carrier or the carrier's marketing agent; and must operate in a location physically separate from the carrier or the carrier's marketing agent. The content of the verification must include clear and conspicuous confirmation that the subscriber has authorized a preferred carrier freeze. ( 3 ) Written authorization to impose a preferred carrier freeze. A local exchange carrier may accept a subscriber's written and signed authorization to impose a freeze on his or her preferred carrier selection. Written authorization that does not conform with this section is invalid and may not be used to impose a preferred carrier freeze. ( i ) The written authorization shall comply with §§ 64.1130(b) , (c) , and (h) of the Commission's rules concerning the form and content for letters of agency. ( ii ) At a minimum, the written authorization must be printed with a readable type of sufficient size to be clearly legible and must contain clear and unambiguous language that confirms: ( A ) The subscriber's billing name and address and the telephone number(s) to be covered by the preferred carrier freeze; ( B ) The decision to place a preferred carrier freeze on the telephone number(s) and particular service(s). To the extent that a jurisdiction allows the imposition of preferred carrier freezes on additional preferred carrier selections (e.g., for local exchange, intraLATA toll, and interLATA toll), the authorization must contain separate statements regarding the particular selections to be frozen; ( C ) That the subscriber understands that she or he will be unable to make a change in carrier selection unless she or he lifts the preferred carrier freeze; and ( D ) That the subscriber understands that any preferred carrier freeze may involve a charge to the subscriber. ( e ) Procedures for lifting preferred carrier freezes. All local exchange carriers who offer preferred carrier freezes must, at a minimum, offer subscribers the following procedures for lifting a preferred carrier freeze: ( 1 ) A local exchange carrier administering a preferred carrier freeze must accept a subscriber's written or electronically signed authorization stating his or her intent to lift a preferred carrier freeze; and ( 2 ) A local exchange carrier administering a preferred carrier freeze must accept a subscriber's oral authorization stating her or his intent to lift a preferred carrier freeze and must offer a mechanism that allows a submitting carrier to conduct a three-way conference call with the carrier administering the freeze and the subscriber in order to lift a freeze. When engaged in oral authorization to lift a preferred carrier freeze, the carrier administering the freeze shall confirm appropriate verification data (e.g., the subscriber's date of birth or social security number) and the subscriber's intent to lift the particular freeze. [ 64 FR 7762 , Feb. 16, 1999, as amended at 66 FR 12893 , Mar. 1, 2001; 73 FR 13150 , Mar. 12, 2008] § 64.1195 Registration requirement. ( a ) Applicability. A telecommunications carrier that will provide interstate telecommunications service shall file the registration information described in paragraph (b) of this section in accordance with the procedures described in paragraphs (c) and (g) of this section. Any telecommunications carrier already providing interstate telecommunications service on the effective date of these rules shall submit the relevant portion of its FCC Form 499-A in accordance with paragraphs (b) and (c) of this section. ( b ) Information required for purposes of part 64. A telecommunications carrier that is subject to the registration requirement pursuant to paragraph (a) of this section shall provide the following information: ( 1 ) The carrier's business name(s) and primary address; ( 2 ) The names and business addresses of the carrier's chief executive officer, chairperson, and president, or, in the event that a company does not have such executives, three similarly senior-level officials of the company; ( 3 ) The carrier's regulatory contact and/or designated agent; ( 4 ) All names that the carrier has used in the past; and ( 5 ) The state(s) in which the carrier provides telecommunications service. ( c ) Submission of registration. A carrier that is subject to the registration requirement pursuant to paragraph (a) of this section shall submit the information described in paragraph (b) of this section in accordance with the Instructions to FCC Form 499-A. FCC Form 499-A must be submitted under oath and penalty of perjury. ( d ) Rejection of registration. The Commission may reject or suspend a carrier's registration for any of the reasons identified in paragraphs (e) or (f) of this section. ( e ) Revocation or suspension of operating authority. After notice and opportunity to respond, the Commission may revoke or suspend the authorization of a carrier to provide service if the carrier provides materially false or incomplete information in its FCC Form 499-A or otherwise fails to comply with paragraphs (a) , (b) , and (c) of this section. ( f ) Imposition of fine. After notice and opportunity to respond, the Commission may impose a fine on a carrier that is subject to the registration requirement pursuant to paragraph (a) of this section if that carrier fails to submit an FCC Form 499-A in accordance with paragraphs (a) , (b) , and (c) of this section. ( g ) Changes in information. A carrier must notify the Commission of any changes to the information provided pursuant to paragraph (b) of this section within no more than one week of the change. Carriers may satisfy this requirement by filing the relevant portion of FCC Form 499-A in accordance with the Instructions to such form. ( h ) Duty to confirm registration of other carriers. The Commission shall make available to the public a comprehensive listing of registrants and the information that they have provided pursuant to paragraph (b) of this section. A telecommunications carrier providing telecommunications service for resale shall have an affirmative duty to ascertain whether a potential carrier-customer ( i.e., reseller) that is subject to the registration requirement pursuant to paragraph (a) of this section has filed an FCC Form 499-A with the Commission prior to offering service to that carrier-customer. After notice and opportunity to respond, the Commission may impose a fine on a carrier for failure to confirm the registration status of a potential carrier-customer before providing that carrier-customer with service. [ 66 FR 12894 , Mar. 1, 2001, as amended at 88 FR 21445 , Apr. 10, 2023] Subpart L—Restrictions on Telemarketing, Telephone Solicitation, and Facsimile Advertising § 64.1200 Delivery restrictions. Cross Reference Link to an amendment published at 89 FR 5105 , Jan. 26, 2024. Cross Reference Link to an amendment published at 89 FR 15062 , Mar. 1, 2024. Cross Reference Link to an amendment published at 89 FR 15762 , Mar. 5, 2024. Cross Reference Link to a correction published at 89 FR 17762 , Mar. 12, 2024. ( a ) No person or entity may: ( 1 ) Except as provided in paragraph (a)(2) of this section, initiate any telephone call (other than a call made for emergency purposes or is made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or prerecorded voice; ( i ) To any emergency telephone line, including any 911 line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency; ( ii ) To the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or ( iii ) To any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call. ( iv ) A person will not be liable for violating the prohibition in paragraph (a)(1)(iii) of this section when the call is placed to a wireless number that has been ported from wireline service and such call is a voice call; not knowingly made to a wireless number; and made within 15 days of the porting of the number from wireline to wireless service, provided the number is not already on the national do-not-call registry or caller's company-specific do-not-call list. A person will not be liable for violating the prohibition in paragraph (a)(1)(iii) of this section when making calls exempted by paragraph (a)(9) of this section. ( 2 ) Initiate, or cause to be initiated, any telephone call that includes or introduces an advertisement or constitutes telemarketing, using an automatic telephone dialing system or an artificial or prerecorded voice, to any of the lines or telephone numbers described in paragraphs (a)(1)(i) through (iii) of this section, other than a call made with the prior express written consent of the called party or the prior express consent of the called party when the call is made by or on behalf of a tax-exempt nonprofit organization, or a call that delivers a “health care” message made by, or on behalf of, a “covered entity” or its “business associate,” as those terms are defined in the HIPAA Privacy Rule, 45 CFR 160.103 . ( 3 ) Initiate any telephone call to any residential line using an artificial or prerecorded voice to deliver a message that includes or introduces an advertisement or constitutes telemarketing without the prior express written consent of the called party, or that exceeds the applicable numerical limitation on calls identified in paragraphs (a)(3)(ii) through (v) of this section without the prior express consent of the called party. A telephone call to any residential line using an artificial or prerecorded voice to deliver a message requires no consent if the call: ( i ) Is made for emergency purposes; ( ii ) Is not made for a commercial purpose and the caller makes no more than three calls within any consecutive 30-day period to the residential line and honors the called party's request to opt out of future calls as required in paragraphs (b) and (d) of this section; ( iii ) Is made for a commercial purpose but does not include or introduce an advertisement or constitute telemarketing and the caller makes no more than three calls within any consecutive 30-day period to the residential line and honors the called party's request to opt out of future calls as required in paragraphs (b) and (d) of this section; ( iv ) Is made by or on behalf of a tax-exempt nonprofit organization and the caller makes no more than three calls within any consecutive 30-day period to the residential line and honors the called party's request to opt out of future calls as required in paragraphs (b) and (d) of this section; or ( v ) Delivers a “health care” message made by, or on behalf of, a “covered entity” or its “business associate,” as those terms are defined in the HIPAA Privacy Rule, 45 CFR 160.103 , and the caller makes no more than one call per day to each patient's residential line, up to a maximum of three calls combined per week to each patient's residential line and honors the called party's request to opt out of future calls as required in paragraphs (b) and (d) of this section. ( 4 ) Use a telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine, unless— ( i ) The unsolicited advertisement is from a sender with an established business relationship, as defined in paragraph (f)(6) of this section, with the recipient; and ( ii ) The sender obtained the number of the telephone facsimile machine through— ( A ) The voluntary communication of such number by the recipient directly to the sender, within the context of such established business relationship; or ( B ) A directory, advertisement, or site on the Internet to which the recipient voluntarily agreed to make available its facsimile number for public distribution. If a sender obtains the facsimile number from the recipient's own directory, advertisement, or Internet site, it will be presumed that the number was voluntarily made available for public distribution, unless such materials explicitly note that unsolicited advertisements are not accepted at the specified facsimile number. If a sender obtains the facsimile number from other sources, the sender must take reasonable steps to verify that the recipient agreed to make the number available for public distribution. ( C ) This clause shall not apply in the case of an unsolicited advertisement that is sent based on an established business relationship with the recipient that was in existence before July 9, 2005 if the sender also possessed the facsimile machine number of the recipient before July 9, 2005. There shall be a rebuttable presumption that if a valid established business relationship was formed prior to July 9, 2005, the sender possessed the facsimile number prior to such date as well; and ( iii ) The advertisement contains a notice that informs the recipient of the ability and means to avoid future unsolicited advertisements. A notice contained in an advertisement complies with the requirements under this paragraph only if— ( A ) The notice is clear and conspicuous and on the first page of the advertisement; ( B ) The notice states that the recipient may make a request to the sender of the advertisement not to send any future advertisements to a telephone facsimile machine or machines and that failure to comply, within 30 days, with such a request meeting the requirements under paragraph (a)(4)(v) of this section is unlawful; ( C ) The notice sets forth the requirements for an opt-out request under paragraph (a)(4)(v) of this section; ( D ) The notice includes— ( 1 ) A domestic contact telephone number and facsimile machine number for the recipient to transmit such a request to the sender; and ( 2 ) If neither the required telephone number nor facsimile machine number is a toll-free number, a separate cost-free mechanism including a Web site address or email address, for a recipient to transmit a request pursuant to such notice to the sender of the advertisement. A local telephone number also shall constitute a cost-free mechanism so long as recipients are local and will not incur any long distance or other separate charges for calls made to such number; and ( E ) The telephone and facsimile numbers and cost-free mechanism identified in the notice must permit an individual or business to make an opt-out request 24 hours a day, 7 days a week. ( iv ) A request not to send future unsolicited advertisements to a telephone facsimile machine complies with the requirements under this subparagraph only if— ( A ) The request identifies the telephone number or numbers of the telephone facsimile machine or machines to which the request relates; ( B ) The request is made to the telephone number, facsimile number, Web site address or email address identified in the sender's facsimile advertisement; and ( C ) The person making the request has not, subsequent to such request, provided express invitation or permission to the sender, in writing or otherwise, to send such advertisements to such person at such telephone facsimile machine. ( v ) A sender that receives a request not to send future unsolicited advertisements that complies with paragraph (a)(4)(v) of this section must honor that request within the shortest reasonable time from the date of such request, not to exceed 30 days, and is prohibited from sending unsolicited advertisements to the recipient unless the recipient subsequently provides prior express invitation or permission to the sender. The recipient's opt-out request terminates the established business relationship exemption for purposes of sending future unsolicited advertisements. If such requests are recorded or maintained by a party other than the sender on whose behalf the unsolicited advertisement is sent, the sender will be liable for any failures to honor the opt-out request. ( vi ) A facsimile broadcaster will be liable for violations of paragraph (a)(4) of this section, including the inclusion of opt-out notices on unsolicited advertisements, if it demonstrates a high degree of involvement in, or actual notice of, the unlawful activity and fails to take steps to prevent such facsimile transmissions. ( 5 ) Use an automatic telephone dialing system in such a way that two or more telephone lines of a multi-line business are engaged simultaneously. ( 6 ) Disconnect an unanswered telemarketing call prior to at least 15 seconds or four (4) rings. ( 7 ) Abandon more than three percent of all telemarketing calls that are answered live by a person, as measured over a 30-day period for a single calling campaign. If a single calling campaign exceeds a 30-day period, the abandonment rate shall be calculated separately for each successive 30-day period or portion thereof that such calling campaign continues. A call is “abandoned” if it is not connected to a live sales representative within two (2) seconds of the called person's completed greeting. ( i ) Whenever a live sales representative is not available to speak with the person answering the call, within two (2) seconds after the called person's completed greeting, the telemarketer or the seller must provide: ( A ) A prerecorded identification and opt-out message that is limited to disclosing that the call was for “telemarketing purposes” and states the name of the business, entity, or individual on whose behalf the call was placed, and a telephone number for such business, entity, or individual that permits the called person to make a do-not-call request during regular business hours for the duration of the telemarketing campaign; provided, that, such telephone number may not be a 900 number or any other number for which charges exceed local or long distance transmission charges, and ( B ) An automated, interactive voice- and/or key press-activated opt-out mechanism that enables the called person to make a do-not-call request prior to terminating the call, including brief explanatory instructions on how to use such mechanism. When the called person elects to opt-out using such mechanism, the mechanism must automatically record the called person's number to the seller's do-not-call list and immediately terminate the call. ( ii ) A call for telemarketing purposes that delivers an artificial or prerecorded voice message to a residential telephone line or to any of the lines or telephone numbers described in paragraphs (a)(1)(i) through (iii) of this section after the subscriber to such line has granted prior express written consent for the call to be made shall not be considered an abandoned call if the message begins within two (2) seconds of the called person's completed greeting. ( iii ) The seller or telemarketer must maintain records establishing compliance with paragraph (a)(7) of this section. ( iv ) Calls made by or on behalf of tax-exempt nonprofit organizations are not covered by this paragraph (a)(7) . ( 8 ) Use any technology to dial any telephone number for the purpose of determining whether the line is a facsimile or voice line. ( 9 ) A person will not be liable for violating the prohibition in paragraph (a)(1)(iii) of this section for making any call exempted in this paragraph (a)(9) , provided that the call is not charged to the called person or counted against the called person's plan limits on minutes or texts. As used in this paragraph (a)(9) , the term “call” includes a text message, including a short message service (SMS) call. ( i ) Calls made by a package delivery company to notify a consumer about a package delivery, provided that all of the following conditions are met: ( A ) The notification must be sent only to the telephone number for the package recipient; ( B ) The notification must identify the name of the package delivery company and include contact information for the package delivery company; ( C ) The notification must not include any telemarketing, solicitation, or advertising content; ( D ) The voice call or text message notification must be concise, generally one minute or less in length for voice calls or 160 characters or less in length for text messages; ( E ) The package delivery company shall send only one notification (whether by voice call or text message) per package, except that one additional notification may be sent for each attempt to deliver the package, up to two attempts, if the recipient's signature is required for the package and the recipient was not available to sign for the package on the previous delivery attempt; ( F ) The package delivery company must offer package recipients the ability to opt out of receiving future delivery notification calls and messages and must honor an opt-out request within a reasonable time from the date such request is made, not to exceed 30 days; and, ( G ) Each notification must include information on how to opt out of future delivery notifications; voice call notifications that could be answered by a live person must include an automated, interactive voice- and/or key press-activated opt-out mechanism that enables the called person to make an opt-out request prior to terminating the call; voice call notifications that could be answered by an answering machine or voice mail service must include a toll-free number that the consumer can call to opt out of future package delivery notifications; text notifications must include the ability for the recipient to opt out by replying “STOP.” ( ii ) Calls made by an inmate collect call service provider following an unsuccessful collect call to establish a billing arrangement with the called party to enable future collect calls, provided that all of the following conditions are met: ( A ) Notifications must identify the name of the inmate collect call service provider and include contact information; ( B ) Notifications must not include any telemarketing, solicitation, debt collection, or advertising content; ( C ) Notifications must be clear and concise, generally one minute or less; ( D ) Inmate collect call service providers shall send no more than three notifications following each inmate collect call that is unsuccessful due to the lack of an established billing arrangement, and shall not retain the called party's number after call completion or, in the alternative, after the third notification attempt; and ( E ) Each notification call must include information on how to opt out of future calls; voice calls that could be answered by a live person must include an automated, interactive voice- and/or key press-activated opt-out mechanism that enables the called person to make an opt-out request prior to terminating the call; voice calls that could be answered by an answering machine or voice mail service must include a toll-free number that the consumer can call to opt out of future notification calls; and, ( F ) The inmate collect call service provider must honor opt-out requests immediately. ( iii ) Calls made by any financial institution as defined in section 4(k) of the Bank Holding Company Act of 1956, 15 U.S.C. 6809(3)(A) , provided that all of the following conditions are met: ( A ) Voice calls and text messages must be sent only to the wireless telephone number provided by the customer of the financial institution; ( B ) Voice calls and text messages must state the name and contact information of the financial institution (for voice calls, these disclosures must be made at the beginning of the call); ( C ) Voice calls and text messages are strictly limited to those for the following purposes: transactions and events that suggest a risk of fraud or identity theft; possible breaches of the security of customers' personal information; steps consumers can take to prevent or remedy harm caused by data security breaches; and actions needed to arrange for receipt of pending money transfers; ( D ) Voice calls and text messages must not include any telemarketing, cross-marketing, solicitation, debt collection, or advertising content; ( E ) Voice calls and text messages must be concise, generally one minute or less in length for voice calls (unless more time is needed to obtain customer responses or answer customer questions) or 160 characters or less in length for text messages; ( F ) A financial institution may initiate no more than three messages (whether by voice call or text message) per event over a three-day period for an affected account; ( G ) A financial institution must offer recipients within each message an easy means to opt out of future such messages; voice calls that could be answered by a live person must include an automated, interactive voice- and/or key press-activated opt-out mechanism that enables the call recipient to make an opt-out request prior to terminating the call; voice calls that could be answered by an answering machine or voice mail service must include a toll-free number that the consumer can call to opt out of future calls; text messages must inform recipients of the ability to opt out by replying “STOP,” which will be the exclusive means by which consumers may opt out of such messages; and, ( H ) A financial institution must honor opt-out requests immediately. ( iv ) Calls made by, or on behalf of, healthcare providers, which include hospitals, emergency care centers, medical physician or service offices, poison control centers, and other healthcare professionals, provided that all of the following conditions are met: ( A ) Voice calls and text messages must be sent only to the wireless telephone number provided by the patient; ( B ) Voice calls and text messages must state the name and contact information of the healthcare provider (for voice calls, these disclosures would need to be made at the beginning of the call); ( C ) Voice calls and text messages are strictly limited to those for the following purposes: appointment and exam confirmations and reminders, wellness checkups, hospital pre-registration instructions, pre-operative instructions, lab results, post-discharge follow-up intended to prevent readmission, prescription notifications, and home healthcare instructions; ( D ) Voice calls and text messages must not include any telemarketing, solicitation, or advertising; may not include accounting, billing, debt-collection, or other financial content; and must comply with HIPAA privacy rules, 45 CFR 160.103 ; ( E ) Voice calls and text messages must be concise, generally one minute or less in length for voice calls or 160 characters or less in length for text messages; ( F ) A healthcare provider may initiate only one message (whether by voice call or text message) per day to each patient, up to a maximum of three voice calls or text messages combined per week to each patient; ( G ) A healthcare provider must offer recipients within each message an easy means to opt out of future such messages; voice calls that could be answered by a live person must include an automated, interactive voice- and/or key press-activated opt-out mechanism that enables the call recipient to make an opt-out request prior to terminating the call; voice calls that could be answered by an answering machine or voice mail service must include a toll-free number that the consumer can call to opt out of future healthcare calls; text messages must inform recipients of the ability to opt out by replying “STOP,” which will be the exclusive means by which consumers may opt out of such messages; and, ( H ) A healthcare provider must honor opt-out requests immediately. ( 10 ) - ( 11 ) [Reserved] ( 12 ) A one-time text message confirming a request to revoke consent from receiving any further calls or text messages does not violate paragraphs (a)(1) and (2) of this section as long as the confirmation text merely confirms the text recipient's revocation request and does not include any marketing or promotional information, and is the only additional message sent to the called party after receipt of the revocation request. If the confirmation text is sent within five minutes of receipt, it will be presumed to fall within the consumer's prior express consent. If it takes longer, however, the sender will have to make a showing that such delay was reasonable. To the extent that the text recipient has consented to several categories of text messages from the text sender, the confirmation message may request clarification as to whether the revocation request was meant to encompass all such messages; the sender must cease all further texts for which consent is required absent further clarification that the recipient wishes to continue to receive certain text messages. ( b ) All artificial or prerecorded voice telephone messages shall: ( 1 ) At the beginning of the message, state clearly the identity of the business, individual, or other entity that is responsible for initiating the call. If a business is responsible for initiating the call, the name under which the entity is registered to conduct business with the State Corporation Commission (or comparable regulatory authority) must be stated; ( 2 ) During or after the message, state clearly the telephone number (other than that of the autodialer or prerecorded message player that placed the call) of such business, other entity, or individual. The telephone number provided may not be a 900 number or any other number for which charges exceed local or long distance transmission charges. For telemarketing messages and messages made pursuant to an exemption under paragraphs (a)(3)(ii) through (v) of this section to residential telephone subscribers, such telephone number must permit any individual to make a do-not-call request during regular business hours; and ( 3 ) In every case where the artificial or prerecorded-voice telephone message is made pursuant to an exemption under paragraphs (a)(3)(ii) through (v) of this section or includes or introduces an advertisement or constitutes telemarketing and is delivered to a residential telephone line or any of the lines or telephone numbers described in paragraphs (a)(1)(i) through (iii) of this section, provide an automated, interactive voice- and/or key press-activated opt-out mechanism for the called person to make a do-not-call request, including brief explanatory instructions on how to use such mechanism, within two (2) seconds of providing the identification information required in paragraph (b)(1) of this section. When the called person elects to opt out using such mechanism, the mechanism must automatically record the called person's number to the caller's do-not-call list and immediately terminate the call. When the artificial or prerecorded-voice telephone message is left on an answering machine or a voice mail service, such message must also provide a toll free number that enables the called person to call back at a later time and connect directly to the automated, interactive voice- and/or key press-activated opt-out mechanism and automatically record the called person's number to the caller's do-not-call list. ( c ) No person or entity shall initiate any telephone solicitation to: ( 1 ) Any residential telephone subscriber before the hour of 8 a.m. or after 9 p.m. (local time at the called party's location), or ( 2 ) A residential telephone subscriber who has registered his or her telephone number on the national do-not-call registry of persons who do not wish to receive telephone solicitations that is maintained by the Federal Government. Such do-not-call registrations must be honored indefinitely, or until the registration is cancelled by the consumer or the telephone number is removed by the database administrator. Any person or entity making telephone solicitations (or on whose behalf telephone solicitations are made) will not be liable for violating this requirement if: ( i ) It can demonstrate that the violation is the result of error and that as part of its routine business practice, it meets the following standards: ( A ) Written procedures. It has established and implemented written procedures to comply with the national do-not-call rules; ( B ) Training of personnel. It has trained its personnel, and any entity assisting in its compliance, in procedures established pursuant to the national do-not-call rules; ( C ) Recording. It has maintained and recorded a list of telephone numbers that the seller may not contact; ( D ) Accessing the national do-not-call database. It uses a process to prevent telephone solicitations to any telephone number on any list established pursuant to the do-not-call rules, employing a version of the national do-not-call registry obtained from the administrator of the registry no more than 31 days prior to the date any call is made, and maintains records documenting this process. Note to paragraph ( c )(2)( i )(D): The requirement in paragraph 64.1200(c)(2)(i)(D) for persons or entities to employ a version of the national do-not-call registry obtained from the administrator no more than 31 days prior to the date any call is made is effective January 1, 2005. Until January 1, 2005, persons or entities must continue to employ a version of the registry obtained from the administrator of the registry no more than three months prior to the date any call is made. ( E ) Purchasing the national do-not-call database. It uses a process to ensure that it does not sell, rent, lease, purchase or use the national do-not-call database, or any part thereof, for any purpose except compliance with this section and any such state or federal law to prevent telephone solicitations to telephone numbers registered on the national database. It purchases access to the relevant do-not-call data from the administrator of the national database and does not participate in any arrangement to share the cost of accessing the national database, including any arrangement with telemarketers who may not divide the costs to access the national database among various client sellers; or ( ii ) It has obtained the subscriber's prior express invitation or permission. Such permission must be evidenced by a signed, written agreement between the consumer and seller which states that the consumer agrees to be contacted by this seller and includes the telephone number to which the calls may be placed; or ( iii ) The telemarketer making the call has a personal relationship with the recipient of the call. ( d ) No person or entity shall initiate any artificial or prerecorded-voice telephone call pursuant to an exemption under paragraphs (a)(3)(ii) through (v) of this section or any call for telemarketing purposes to a residential telephone subscriber unless such person or entity has instituted procedures for maintaining a list of persons who request not to receive such calls made by or on behalf of that person or entity. The procedures instituted must meet the following minimum standards: ( 1 ) Written policy. Persons or entities making artificial or prerecorded-voice telephone calls pursuant to an exemption under paragraphs (a)(3)(ii) through (v) of this section or calls for telemarketing purposes must have a written policy, available upon demand, for maintaining a do-not-call list. ( 2 ) Training of personnel. Personnel engaged in making artificial or prerecorded-voice telephone calls pursuant to an exemption under paragraphs (a)(3)(ii) through (v) of this section or who are engaged in any aspect of telemarketing must be informed and trained in the existence and use of the do-not-call list. ( 3 ) Recording, disclosure of do-not-call requests. If a person or entity making an artificial or prerecorded-voice telephone call pursuant to an exemption under paragraphs (a)(3)(ii) through (v) of this section or any call for telemarketing purposes (or on whose behalf such a call is made) receives a request from a residential telephone subscriber not to receive calls from that person or entity, the person or entity must record the request and place the subscriber's name, if provided, and telephone number on the do-not-call list at the time the request is made. Persons or entities making such calls (or on whose behalf such calls are made) must honor a residential subscriber's do-not-call request within a reasonable time from the date such request is made. This period may not exceed 30 days from the date of such request. If such requests are recorded or maintained by a party other than the person or entity on whose behalf the call is made, the person or entity on whose behalf the call is made will be liable for any failures to honor the do-not-call request. A person or entity making an artificial or prerecorded-voice telephone call pursuant to an exemption under paragraphs (a)(3)(ii) through (v) of this section or any call for telemarketing purposes must obtain a consumer's prior express permission to share or forward the consumer's request not to be called to a party other than the person or entity on whose behalf a call is made or an affiliated entity. ( 4 ) Identification of callers and telemarketers. A person or entity making an artificial or prerecorded-voice telephone call pursuant to an exemption under paragraphs (a)(3)(ii) through (v) of this section or any call for telemarketing purposes must provide the called party with the name of the individual caller, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which the person or entity may be contacted. The telephone number provided may not be a 900 number or any other number for which charges exceed local or long distance transmission charges. ( 5 ) Affiliated persons or entities. In the absence of a specific request by the subscriber to the contrary, a residential subscriber's do-not-call request shall apply to the particular entity making the call (or on whose behalf a call is made), and will not apply to affiliated entities unless the consumer reasonably would expect them to be included given the identification of the caller and (for telemarketing calls) the product being advertised. ( 6 ) Maintenance of do-not-call lists. A person or entity making artificial or prerecorded-voice telephone calls pursuant to an exemption under paragraphs (a)(3)(ii) through (v) of this section or any call for telemarketing purposes must maintain a record of a consumer's request not to receive further calls. A do-not-call request must be honored for 5 years from the time the request is made. ( e ) The rules set forth in paragraph (c) and (d) of this section are applicable to any person or entity making telephone solicitations or telemarketing calls or text messages to wireless telephone numbers to the extent described in the Commission's Report and Order, CG Docket No. 02-278, FCC 03-153, “Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991.” ( f ) As used in this section: ( 1 ) The term advertisement means any material advertising the commercial availability or quality of any property, goods, or services. ( 2 ) The terms automatic telephone dialing system and autodialer mean equipment which has the capacity to store or produce telephone numbers to be called using a random or sequential number generator and to dial such numbers. ( 3 ) The term clear and conspicuous means a notice that would be apparent to the reasonable consumer, separate and distinguishable from the advertising copy or other disclosures. With respect to facsimiles and for purposes of paragraph (a)(4)(iii)(A) of this section, the notice must be placed at either the top or bottom of the facsimile. ( 4 ) The term emergency purposes means calls made necessary in any situation affecting the health and safety of consumers. ( 5 ) The term established business relationship for purposes of telephone solicitations means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a residential subscriber with or without an exchange of consideration, on the basis of the subscriber's purchase or transaction with the entity within the eighteen (18) months immediately preceding the date of the telephone call or on the basis of the subscriber's inquiry or application regarding products or services offered by the entity within the three months immediately preceding the date of the call, which relationship has not been previously terminated by either party. ( i ) The subscriber's seller-specific do-not-call request, as set forth in paragraph (d)(3) of this section, terminates an established business relationship for purposes of telemarketing and telephone solicitation even if the subscriber continues to do business with the seller. ( ii ) The subscriber's established business relationship with a particular business entity does not extend to affiliated entities unless the subscriber would reasonably expect them to be included given the nature and type of goods or services offered by the affiliate and the identity of the affiliate. ( 6 ) The term established business relationship for purposes of paragraph (a)(4) of this section on the sending of facsimile advertisements means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a business or residential subscriber with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by the business or residential subscriber regarding products or services offered by such person or entity, which relationship has not been previously terminated by either party. ( 7 ) The term facsimile broadcaster means a person or entity that transmits messages to telephone facsimile machines on behalf of another person or entity for a fee. ( 8 ) The term one-ring scam means a scam in which a caller makes a call and allows the call to ring the called party for a short duration, in order to prompt the called party to return the call, thereby subjecting the called party to charges. ( 9 ) The term prior express written consent means an agreement, in writing, bearing the signature of the person called that clearly authorizes the seller to deliver or cause to be delivered to the person called advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice, and the telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered. ( i ) The written agreement shall include a clear and conspicuous disclosure informing the person signing that: ( A ) By executing the agreement, such person authorizes the seller to deliver or cause to be delivered to the signatory telemarketing calls using an automatic telephone dialing system or an artificial or prerecorded voice; and ( B ) The person is not required to sign the agreement (directly or indirectly), or agree to enter into such an agreement as a condition of purchasing any property, goods, or services. ( ii ) The term “signature” shall include an electronic or digital form of signature, to the extent that such form of signature is recognized as a valid signature under applicable federal law or state contract law. ( 10 ) The term seller means the person or entity on whose behalf a telephone call or message is initiated for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person. ( 11 ) The term sender for purposes of paragraph (a)(4) of this section means the person or entity on whose behalf a facsimile unsolicited advertisement is sent or whose goods or services are advertised or promoted in the unsolicited advertisement. ( 12 ) The term telemarketer means the person or entity that initiates a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person. ( 13 ) The term telemarketing means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person. ( 14 ) The term telephone facsimile machine means equipment which has the capacity to transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line, or to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper. ( 15 ) The term telephone solicitation means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message: ( i ) To any person with that person's prior express invitation or permission; ( ii ) To any person with whom the caller has an established business relationship; or ( iii ) By or on behalf of a tax-exempt nonprofit organization. ( 16 ) The term unsolicited advertisement means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission, in writing or otherwise. ( 17 ) The term personal relationship means any family member, friend, or acquaintance of the telemarketer making the call. ( 18 ) The term effectively mitigate means identifying the source of the traffic and preventing that source from continuing to originate traffic of the same or similar nature. ( 19 ) The term gateway provider means a U.S.-based intermediate provider that receives a call directly from a foreign originating provider or foreign intermediate provider at its U.S.-based facilities before transmitting the call downstream to another U.S.-based provider. For purposes of this paragraph (f)(19) : ( i ) U.S.-based means that the provider has facilities located in the United States, including a point of presence capable of processing the call; and ( ii ) Receives a call directly from a provider means the foreign provider directly upstream of the gateway provider in the call path sent the call to the gateway provider, with no providers in-between. ( g ) Beginning January 1, 2004, common carriers shall: ( 1 ) When providing local exchange service, provide an annual notice, via an insert in the subscriber's bill, of the right to give or revoke a notification of an objection to receiving telephone solicitations pursuant to the national do-not-call database maintained by the federal government and the methods by which such rights may be exercised by the subscriber. The notice must be clear and conspicuous and include, at a minimum, the Internet address and toll-free number that residential telephone subscribers may use to register on the national database. ( 2 ) When providing service to any person or entity for the purpose of making telephone solicitations, make a one-time notification to such person or entity of the national do-not-call requirements, including, at a minimum, citation to 47 CFR 64.1200 and 16 CFR 310 . Failure to receive such notification will not serve as a defense to any person or entity making telephone solicitations from violations of this section. ( h ) The administrator of the national do-not-call registry that is maintained by the federal government shall make the telephone numbers in the database available to the States so that a State may use the telephone numbers that relate to such State as part of any database, list or listing system maintained by such State for the regulation of telephone solicitations. ( i ) - ( j ) [Reserved] ( k ) Voice service providers may block calls so that they do not reach a called party as follows: ( 1 ) A provider may block a voice call when the subscriber to which the originating number is assigned has requested that calls purporting to originate from that number be blocked because the number is used for inbound calls only. ( 2 ) A provider may block a voice call purporting to originate from any of the following: ( i ) A North American Numbering Plan number that is not valid; ( ii ) A valid North American Numbering Plan number that is not allocated to a provider by the North American Numbering Plan Administrator or the Pooling Administrator; and ( iii ) A valid North American Numbering Plan number that is allocated to a provider by the North American Numbering Plan Administrator or Pooling Administrator, but is unused, so long as the provider blocking the calls is the allocatee of the number and confirms that the number is unused or has obtained verification from the allocatee that the number is unused at the time of the blocking. ( iv ) A telephone number that the provider identifies, based on reasonable analytics, as highly likely to be associated with a one-ring scam. ( 3 ) A terminating provider may block a voice call without liability under the Communications Act or the Commission's rules where: ( i ) Calls are blocked based on the use of reasonable analytics designed to identify unwanted calls; ( ii ) Those analytics include consideration of caller ID authentication information where available; ( iii ) A consumer may opt out of blocking and is provided with sufficient information to make an informed decision; ( iv ) All analytics are applied in a non-discriminatory, competitively neutral manner; ( v ) Blocking services are provided with no additional line-item charge to consumers; and ( vi ) The terminating provider provides, without charge to the caller, the redress requirements set forth in paragraph (k)(8) of this section. ( 4 ) A provider may block voice calls or cease to accept traffic from an originating or intermediate provider without liability under the Communications Act or the Commission's rules where the originating or intermediate provider, when notified by the Commission, fails to effectively mitigate illegal traffic within 48 hours or fails to implement effective measures to prevent new and renewing customers from using its network to originate illegal calls. Prior to initiating blocking, the provider shall provide the Commission with notice and a brief summary of the basis for its determination that the originating or intermediate provider meets one or more of these two conditions for blocking. ( 5 ) A provider may not block a voice call under paragraphs (k)(1) through (4), paragraph (k)(11), paragraphs (n)(2) and (3), paragraph (n)(5), or paragraph (o) of this section if the call is an emergency call placed to 911. ( 6 ) When blocking consistent with paragraphs (k)(1) through (4), paragraph (k)(11), paragraphs (n)(2) and (3), paragraph (n)(5), or paragraph (o) of this section, a provider must make all reasonable efforts to ensure that calls from public safety answering points and government emergency numbers are not blocked. ( 7 ) For purposes of this section, a provider may rely on Caller ID information to determine the purported originating number without regard to whether the call, in fact originated from that number. ( 8 ) Each terminating provider that blocks calls pursuant to this section or utilizes caller ID authentication information in determining how to deliver calls must provide a single point of contact, readily available on the terminating provider's public-facing website, for receiving call blocking error complaints and verifying the authenticity of the calls of a calling party that is adversely affected by information provided by caller ID authentication. The terminating provider must resolve disputes pertaining to caller ID authentication information within a reasonable time and, at a minimum, provide a status update within 24 hours. When a caller makes a credible claim of erroneous blocking and the terminating provider determines that the calls should not have been blocked, or the call delivery decision is not appropriate, the terminating provider must promptly cease the call treatment for that number unless circumstances change. The terminating provider may not impose any charge on callers for reporting, investigating, or resolving either category of complaints, so long as the complaint is made in good faith. ( 9 ) Any terminating provider that blocks calls based on any analytics program, either itself or through a third-party blocking service, must immediately return, and all voice service providers in the call path must transmit, an appropriate response code to the origination point of the call. For purposes of this rule, an appropriate response code is: ( i ) In the case of a call terminating on an IP network, the use of Session Initiation Protocol (SIP) code 603, 607, or 608; ( ii ) In the case of a call terminating on a non-IP network, the use of ISDN User Part (ISUP) code 21 with the cause location “user”; ( iii ) In the case of a code transmitting from an IP network to a non-IP network, SIP codes 607 and 608 must map to ISUP code 21; and ( iv ) In the case of a code transmitting from a non-IP network to an IP network, ISUP code 21 must map to SIP code 603, 607, or 608 where the cause location is “user.” ( 10 ) Any terminating provider that blocks calls pursuant to an opt-out or opt-in analytics program, either itself or through a third-party blocking service, must provide, at the request of the subscriber to a number, at no additional charge and within 3 business days of such a request, a list of calls to that number, including the date and time of the call and the calling number, that the terminating provider or its designee blocked pursuant to such analytics program within the 28 days prior to the request. ( 11 ) A terminating provider may block calls without liability under the Communications Act and the Commission's rules, without giving consumers the opportunity to opt out of such blocking, so long as: ( i ) The provider reasonably determines, based on reasonable analytics that include consideration of caller ID authentication information where available, that calls are part of a particular call pattern that is highly likely to be illegal; ( ii ) The provider manages its network-based blocking with human oversight and network monitoring sufficient to ensure that it blocks only calls that are highly likely to be illegal, which must include a process that reasonably determines that the particular call pattern is highly likely to be illegal before initiating blocking of calls that are part of that pattern; ( iii ) The provider ceases blocking calls that are part of the call pattern as soon as the provider has actual knowledge that the blocked calls are likely lawful; ( iv ) The provider discloses to consumers that it is engaging in such blocking; ( v ) All analytics are applied in a non-discriminatory, competitively neutral manner; ( vi ) Blocking services are provided with no additional line-item charge to consumers; and ( vii ) The terminating provider provides, without line item charge to the caller, the redress requirements set forth in subparagraphs 8 and 9. ( l ) A reporting carrier subject to § 52.15(f) of this title shall: ( 1 ) Maintain records of the most recent date each North American Numbering Plan (NANP) telephone number allocated or ported to the reporting carrier was permanently disconnected. ( 2 ) Beginning on the 15th day of the month after the Consumer and Governmental Affairs Bureau announces that the Administrator is ready to begin accepting these reports and on the 15th day of each month thereafter, report to the Administrator the most recent date each NANP telephone number allocated to or ported to it was permanently disconnected. ( 3 ) For purposes of this paragraph (l) , a NANP telephone number has been permanently disconnected when a subscriber permanently has relinquished the number, or the provider permanently has reversed its assignment of the number to the subscriber such that the number has been disassociated with the subscriber. A NANP telephone number that is ported to another provider is not permanently disconnected. ( 4 ) Reporting carriers serving 100,000 or fewer domestic retail subscriber lines as reported on their most recent Forms 477, aggregated over all the providers' affiliates, must begin keeping the records required by paragraph (l)(1) of this section six months after the effective date for large providers and must begin filing the reports required by paragraph (l)(2) of this section no later than the 15th day of the month that is six months after the date announced by the Consumer and Governmental Affairs Bureau pursuant to paragraph (l)(2). ( m ) A person will not be liable for violating the prohibitions in paragraph (a)(1) , (2) , or (3) of this section by making a call to a number for which the person previously had obtained prior express consent of the called party as required in paragraph (a)(1), (2), or (3) but at the time of the call, the number is not assigned to the subscriber to whom it was assigned at the time such prior express consent was obtained if the person, bearing the burden of proof and persuasion, demonstrates that: ( 1 ) The person, based upon the most recent numbering information reported to the Administrator pursuant to paragraph (l) of this section, by querying the database operated by the Administrator and receiving a response of “no”, has verified that the number has not been permanently disconnected since the date prior express consent was obtained as required in paragraph (a)(1) , (2) , or (3) of this section; and ( 2 ) The person's call to the number was the result of the database erroneously returning a response of “no” to the person's query consisting of the number for which prior express consent was obtained as required in paragraph (a)(1) , (2) , or (3) of this section and the date on which such prior express consent was obtained. ( n ) A voice service provider must: ( 1 ) Upon receipt of a traceback request from the Commission, civil law enforcement, criminal law enforcement, or the industry traceback consortium, the provider must fully respond to the traceback request within 24 hours of receipt of the request. The 24-hour clock does not start outside of business hours, and requests received during that time are deemed received at 8 a.m. on the next business day. If the 24-hour response period would end on a non-business day, either a weekend or a Federal legal holiday, the 24-hour clock does not run for the weekend or holiday in question, and restarts at 12:01 a.m. on the next business day following when the request would otherwise be due. For example, a request received at 3 p.m. on a Friday will be due at 3 p.m. on the following Monday, assuming that Monday is not a Federal legal holiday. For purposes of this paragraph (n)(1) , business day is defined as Monday through Friday, excluding Federal legal holidays, and business hours is defined as 8 a.m. to 5:30 p.m. on a business day. For purposes of this paragraph (n)(1) , all times are local time for the office that is required to respond to the request. ( 2 ) Upon receipt of a Notice of Suspected Illegal Traffic from the Commission through its Enforcement Bureau, take the applicable actions with respect to the identified traffic described in paragraphs (n)(2)(i) through (iii) of this section. The provider will not be held liable under the Communications Act or the Commission's rules in this chapter for providers that inadvertently block lawful traffic as part of the requirement to block substantially similar traffic so long as it is blocking consistent with the requirements of paragraphs (n)(2)(i) through (iii). For purposes of this paragraph (n)(2) , identified traffic means the illegal traffic identified in the Notification of Suspected Illegal Traffic issued by the Enforcement Bureau. The following procedures shall apply: ( i ) ( A ) The Enforcement Bureau will issue a Notification of Suspected Illegal Traffic that identifies with as much particularity as possible the suspected illegal traffic; provides the basis for the Enforcement Bureau's reasonable belief that the identified traffic is unlawful; cites the statutory or regulatory provisions the identified traffic appears to violate; and directs the provider receiving the notice that it must comply with this section. The Enforcement Bureau's Notification of Suspected Illegal Traffic shall give the identified provider a minimum of 14 days to comply with the notice. Each notified provider must promptly investigate the identified traffic and report the results of that investigation to the Enforcement Bureau within the timeframe specified in the Notification of Suspected Illegal Traffic. If the provider's investigation determines that it served as the gateway or originating provider for the identified traffic, it must block or cease accepting the identified traffic and substantially similar traffic on an ongoing basis within the timeframe specified in the Notification of Suspected Illegal Traffic. The provider must include in its report to the Enforcement Bureau: ( 1 ) A certification that it is blocking the identified traffic and will continue to do so; and ( 2 ) A description of its plan to identify and block or cease accepting substantially similar traffic on an ongoing basis. ( B ) If the provider's investigation determines that the identified traffic is not illegal, it shall provide an explanation as to why the provider reasonably concluded that the identified traffic is not illegal and what steps it took to reach that conclusion. Absent such a showing, or if the Enforcement Bureau determines based on the evidence that the traffic is illegal despite the provider's assertions, the identified traffic will be deemed illegal. If the notified provider determines during this investigation that it did not serve as the gateway provider or originating provider for any of the identified traffic, it shall provide an explanation as to how it reached that conclusion and, if it is a non-gateway intermediate or terminating provider for the identified traffic, it must identify the upstream provider(s) from which it received the identified traffic and, if possible, take lawful steps to mitigate this traffic. If the Enforcement Bureau finds that an approved plan is not blocking substantially similar traffic, the identified provider shall modify its plan to block such traffic. If the Enforcement Bureau finds that the identified provider continues to allow suspected illegal traffic onto the U.S. network, it may proceed under paragraph (n)(2)(ii) or (iii) of this section, as appropriate. ( ii ) If the provider fails to respond to the Notification of Suspected Illegal Traffic, the Enforcement Bureau determines that the response is insufficient, the Enforcement Bureau determines that the provider is continuing to originate substantially similar traffic or allow substantially similar traffic onto the U.S. network after the timeframe specified in the Notification of Suspected Illegal Traffic, or the Enforcement Bureau determines based on the evidence that the traffic is illegal despite the provider's assertions, the Enforcement Bureau shall issue an Initial Determination Order to the provider stating the Bureau's initial determination that the provider is not in compliance with this section. The Initial Determination Order shall include the Enforcement Bureau's reasoning for its determination and give the provider a minimum of 14 days to provide a final response prior to the Enforcement Bureau making a final determination on whether the provider is in compliance with this section. ( iii ) If the provider does not provide an adequate response to the Initial Determination Order within the timeframe permitted in that Order or continues to originate substantially similar traffic onto the U.S. network, the Enforcement Bureau shall issue a Final Determination Order finding that the provider is not in compliance with this section. The Final Determination Orders shall be published in EB Docket No. 22-174 at https://www.fcc.gov/ecfs/search/search-filings . A Final Determination Order may be issued up to one year after the release date of the Initial Determination Order, and may be based on either an immediate failure to comply with this section or a determination that the provider has failed to meet its ongoing obligation under this section to block substantially similar traffic. ( 3 ) When notified by the Commission through its Enforcement Bureau that a Final Determination Order has been issued finding that an upstream provider has failed to comply with paragraph (n)(2) of this section, block and cease accepting all traffic received directly from the upstream provider beginning 30 days after the release date of the Final Determination Order. This paragraph (n)(3) applies to any provider immediately downstream from the upstream provider. The Enforcement Bureau shall provide notification by publishing the Final Determination Order in EB Docket No. 22-174 at https://www.fcc.gov/ecfs/search/search-filings . Providers must monitor EB Docket No. 22-174 and initiate blocking no later than 30 days from the release date of the Final Determination Order. A provider that chooses to initiate blocking sooner than 30 days from the release date may do so consistent with paragraph (k)(4) of this section. ( 4 ) Take affirmative, effective measures to prevent new and renewing customers from using its network to originate illegal calls, including knowing its customers and exercising due diligence in ensuring that its services are not used to originate illegal traffic. ( 5 ) Take reasonable and effective steps to ensure that any originating provider or intermediate provider, foreign or domestic, from which it directly receives traffic is not using the provider to carry or process a high volume of illegal traffic onto the U.S. network. ( o ) A provider that serves as a gateway provider for particular calls must, with respect to those calls, block any calls purporting to originate from a number on a reasonable do-not-originate list. A list so limited in scope that it leaves out obvious numbers that could be included with little effort may be deemed unreasonable. The do-not-originate list may include only: ( 1 ) Numbers for which the subscriber to which the number is assigned has requested that calls purporting to originate from that number be blocked because the number is used for inbound calls only; ( 2 ) North American Numbering Plan numbers that are not valid; ( 3 ) Valid North American Numbering Plan Numbers that are not allocated to a provider by the North American Numbering Plan Administrator; and ( 4 ) Valid North American Numbering Plan numbers that are allocated to a provider by the North American Numbering Plan Administrator, but are unused, so long as the provider blocking the calls is the allocatee of the number and confirms that the number is unused or has obtained verification from the allocatee that the number is unused at the time of blocking. ( p ) A mobile wireless provider must block a text message purporting to originate from a North American Numbering Plan number on a reasonable do-not-originate list. A list so limited in scope that it leaves out obvious North American Numbering Plan numbers that could be included with little effort may be deemed unreasonable. The do-not-originate list may include only: ( 1 ) North American Numbering Plan Numbers for which the subscriber to the number has requested that texts purporting to originate from that number be blocked; ( 2 ) North American Numbering Plan numbers that are not valid; ( 3 ) Valid North American Numbering Plan numbers that are not allocated to a provider by the North American Numbering Plan Administrator; and ( 4 ) Valid North American Numbering Plan numbers that are allocated to a provider by the North American Numbering Plan Administrator, but are unused, so long as the provider blocking the message is the allocatee of the number and confirms that the number is unused or has obtained verification from the allocatee that the number is unused at the time of blocking. ( q ) Paragraph (p) of this section may contain an information-collection and/or recordkeeping requirement. Compliance with paragraph (p) will not be required until this paragraph (q) is removed or contains a compliance date, which will not occur until after the Office of Management and Budget completes review of such requirements pursuant to the Paperwork Reduction Act or until after the Consumer and Governmental Affairs Bureau determines that such review is not required. ( r ) A mobile wireless provider must provide a point of contact or ensure its aggregator partners or blocking contractors that block text messages on its network provide a point of contact to resolve complaints about erroneous blocking from message senders that can document that their messages have been blocked. Such point of contact may be the same point of contact for voice call blocking error complaints. ( s ) A terminating mobile wireless provider must, upon receipt of a Notification of Illegal Texts from the Commission through its Enforcement Bureau, take the actions described in this paragraph (s) , including, when required, blocking all texts from the identified number or numbers. The Enforcement Bureau will issue a Notification of Illegal Texts that identifies the number(s) used and the date(s) the texts were sent or received; provides the basis for the Enforcement Bureau's determination that the identified texts are unlawful; cites the statutory or regulatory provisions the identified texts violate; directs the provider receiving the notice that it must comply with this section; and provide a point of contact to be used by a subscriber to a listed number to dispute blocking. The Enforcement Bureau's Notification of Illegal Texts shall give the identified provider a reasonable amount of time to comply with the notice. The Enforcement Bureau shall make the Notification of Illegal Texts available in EB Docket No. 23-418 at https://www.fcc.gov/ecfs/search/search-filings . The provider must include a certification that it is blocking all texts from the number or numbers and will continue to do so unless the provider learns that the number has been reassigned, in which case the provider shall promptly notify the Enforcement Bureau of this fact and include any information it has obtained that demonstrates that the number has been reassigned. If, at any time in the future, the provider determines that the number has been reassigned, it shall notify the Enforcement Bureau and cease blocking. The provider is not required to monitor for number reassignments. [ 68 FR 44177 , July 25, 2003, as amended at 68 FR 59131 , Oct. 14, 2003; 69 FR 60316 , Oct. 8, 2004; 70 FR 19337 , Apr. 13, 2005; 71 FR 25977 , May 3, 2006; 71 FR 56893 , Sept. 28, 2006; 71 FR 75122 , Dec. 14, 2006; 73 FR 40185 , July 14, 2008; 77 FR 34246 , June 11, 2012; 83 FR 1577 , Jan. 12, 2018; 84 FR 10267 , Mar. 20, 2019; 84 FR 11232 , Mar. 26, 2019; 85 FR 56534 , Sept. 14, 2020; 86 FR 2563 , Jan. 13, 2021; 86 FR 11447 , 11448 , Feb. 25, 2021; 86 FR 17734 , 17735 , Apr. 6, 2021; 86 FR 74375 , Dec. 30, 2021; 87 FR 7044 , Feb. 8, 2022; 87 FR 42944 , July 18, 2022; 87 FR 51921 , Aug. 24, 2022; 87 FR 69207 , Nov. 18, 2022; 88 FR 3677 , Jan. 20, 2023; 88 FR 21500 , Apr. 11, 2023; 88 FR 43458 , July 10, 2023; 89 FR 5104 , Jan. 26, 2024; 89 FR 15762 , Mar. 5, 2024; 89 FR 5104 , Jan. 26, 2024] Editorial Note Editorial Note: At 87 FR 42944 , July 18, 2022, § 64.1200 was amended by adding paragraph (o), however, this amendment was delayed indefinitely. § 64.1201 Restrictions on billing name and address disclosure. ( a ) As used in this section: ( 1 ) The term billing name and address means the name and address provided to a local exchange company by each of its local exchange customers to which the local exchange company directs bills for its services. ( 2 ) The term “telecommunications service provider” means interexchange carriers, operator service providers, enhanced service providers, and any other provider of interstate telecommunications services. ( 3 ) The term authorized billing agent means a third party hired by a telecommunications service provider to perform billing and collection services for the telecommunications service provider. ( 4 ) The term bulk basis means billing name and address information for all the local exchange service subscribers of a local exchange carrier. ( 5 ) The term LEC joint use card means a calling card bearing an account number assigned by a local exchange carrier, used for the services of the local exchange carrier and a designated interexchange carrier, and validated by access to data maintained by the local exchange carrier. ( b ) No local exchange carrier providing billing name and address shall disclose billing name and address information to any party other than a telecommunications service provider or an authorized billing and collection agent of a telecommunications service provider. ( c ) ( 1 ) No telecommunications service provider or authorized billing and collection agent of a telecommunications service provider shall use billing name and address information for any purpose other than the following: ( i ) Billing customers for using telecommunications services of that service provider and collecting amounts due; ( ii ) Any purpose associated with the “equal access” requirement of United States v. AT&T 552 F.Supp. 131 (D.D.C. 1982); and ( iii ) Verification of service orders of new customers, identification of customers who have moved to a new address, fraud prevention, and similar nonmarketing purposes. ( 2 ) In no case shall any telecommunications service provider or authorized billing and collection agent of a telecommunications service provider disclose the billing name and address information of any subscriber to any third party, except that a telecommunications service provider may disclose billing name and address information to its authorized billing and collection agent. ( d ) [Reserved] ( e ) ( 1 ) All local exchange carriers providing billing name and address information shall notify their subscribers that: ( i ) The subscriber's billing name and address will be disclosed, pursuant to Policies and Rules Concerning Local Exchange Carrier Validation and Billing Information for Joint Use Calling Cards, CC Docket No. 91-115, FCC 93-254, adopted May 13, 1993, whenever the subscriber uses a LEC joint use card to pay for services obtained from the telecommunications service provider, and ( ii ) The subscriber's billing name and address will be disclosed, pursuant to Policies and Rules Concerning Local Exchange Carrier Validation and Billing Information for Joint Use Calling Cards, CC Docket No. 91-115, FCC 93-254, adopted May 13, 1993, whenever the subscriber accepts a third party or collect call to a telephone station provided by the LEC to the subscriber. ( 2 ) In addition to the notification specified in paragraph (e)(1) of this section, all local exchange carriers providing billing name and address information shall notify their subscribers with unlisted or nonpublished telephone numbers that: ( i ) Customers have a right to request that their BNA not be disclosed, and that customers may prevent BNA disclosure for third party and collect calls as well as calling card calls; ( ii ) LECs will presume that unlisted and nonpublished end users consent to disclosure and use of their BNA if customers do not affirmatively request that their BNA not be disclosed; and ( iii ) The presumption in favor of consent for disclosure will begin 30 days after customers receive notice. ( 3 ) No local exchange carrier shall disclose the billing name and address information associated with any calling card call made by any subscriber who has affirmatively withheld consent for disclosure of BNA information, or for any third party or collect call charged to any subscriber who has affirmatively withheld consent for disclosure of BNA information. [ 53 FR 36145 , July 6, 1993, as amended at 58 FR 65671 , Dec. 16, 1993; 61 FR 8880 , Mar. 6, 1996] § 64.1202 Public safety answering point do-not-call registry. ( a ) As used in this section, the following terms are defined as: ( 1 ) Operators of automatic dialing or robocall equipment. Any person or entity who uses an automatic telephone dialing system, as defined in section 227(a)(1) of the Communications Act of 1934, as amended, to make telephone calls with such equipment. ( 2 ) Public Safety Answering Point (PSAP). A facility that has been designated to receive emergency calls and route them to emergency service personnel pursuant to section 222(h)(4) of the Communications Act of 1934, as amended. As used in this section, this term includes both primary and secondary PSAPs. ( 3 ) Emergency purpose. A call made necessary in any situation affecting the health and safety of any person. ( b ) PSAP numbers and registration. Each PSAP may designate a representative who shall be required to file a certification with the administrator of the PSAP registry, under penalty of law, that they are authorized and eligible to place numbers onto the PSAP Do-Not-Call registry on behalf of that PSAP. The designated PSAP representative shall provide contact information, including the PSAP represented, contact name, title, address, telephone number, and email address. Verified PSAPs shall be permitted to upload to the registry any PSAP telephone numbers associated with the provision of emergency services or communications with other public safety agencies. On an annual basis designated PSAP representatives shall access the registry, review their numbers placed on the registry to ensure that they remain eligible for inclusion on the registry, and remove ineligible numbers. ( c ) Prohibiting the use of autodialers to contact registered PSAP numbers. An operator of automatic dialing or robocall equipment is prohibited from using such equipment to contact any telephone number registered on the PSAP Do-Not-Call registry other than for an emergency purpose. This prohibition encompasses both voice and text calls. ( d ) Granting and tracking access to the PSAP registry. An operator of automatic dialing or robocall equipment may not obtain access or use the PSAP Do-Not-Call registry until it provides to the designated registry administrator contact information that includes the operator's name and all alternative names under which the registrant operates, a business address, a contact person, the contact person's telephone number, the operator's email address, and all outbound telephone numbers used to place autodialed calls, including both actual originating numbers and numbers that are displayed on caller identification services, and thereafter obtains a unique identification number or password from the designated registry administrator. All such contact information provided to the designated registry administrator must be updated within 30 days of any change to such information. In addition, an operator of automatic dialing equipment must certify when it accesses the registry, under penalty of law, that it is accessing the registry solely to prevent autodialed calls to numbers on the registry. ( e ) Accessing the registry. An operator of automatic dialing equipment or robocall equipment shall, to prevent such calls to any telephone number on the registry, access and employ a version of the PSAP Do-Not-Call registry obtained from the registry administrator no more than 31 days prior to the date any call is made, and shall maintain records documenting this process. It shall not be a violation of paragraph (c) of this section to contact a number added to the registry subsequent to the last required access to the registry by operators of automatic dialing or robocall equipment. ( f ) Restrictions on disclosing or dissemination of the PSAP registry. No person or entity, including an operator of automatic dialing equipment or robocall equipment, may sell, rent, lease, purchase, share, or use the PSAP Do-Not-Call registry, or any part thereof, for any purpose except to comply with this section and any such state or Federal law enacted to prevent autodialed calls to telephone numbers in the PSAP registry. [ 77 FR 71137 , Nov. 29, 2012] § 64.1203 —Consortium registration process. ( a ) The Enforcement Bureau shall issue a public notice no later than April 28 annually seeking registration of a single consortium that conducts private-led efforts to trace back the origin of suspected unlawful robocalls. ( b ) Except as provided in paragraph (c) of this section, an entity that seeks to register as the single consortium that conducts private-led efforts to trace back the origin of suspected unlawful robocalls must submit a letter and associated documentation in response to the public notice issued pursuant to paragraph (a) of this section. In the letter, the entity must: ( 1 ) Demonstrate that the consortium is a neutral third party competent to manage the private-led effort to trace back the origin of suspected unlawful robocalls; ( 2 ) Include a copy of the consortium's written best practices, with an explanation thereof, regarding the management of its traceback efforts and regarding voice service providers' participation in the consortium's efforts to trace back the origin of suspected unlawful robocalls; ( 3 ) Certify that, consistent with section 222(d)(2) of the Communications Act of 1934, as amended, the consortium's efforts will focus on fraudulent, abusive, or unlawful traffic; ( 4 ) Certify that the consortium has notified the Commission that it intends to conduct traceback efforts of suspected unlawful robocalls in advance of registration as the single consortium; and ( 5 ) Certify that, if selected to be the registered consortium, it will: ( i ) Remain in compliance with the requirements of paragraphs (b)(1) through (4) of this section; ( ii ) Conduct an annual review to ensure compliance with the requirements set forth in paragraphs (b)(1) through (4) of this section; and ( iii ) Promptly notify the Commission of any changes that reasonably bear on its certification. ( c ) The entity selected to be the registered consortium will not be required to file the letter mandated in paragraph (b) of this section in subsequent years after the consortium's initial registration. The registered consortium's initial certifications, required by paragraph (b) of this section, will continue for the duration of each subsequent year unless the registered consortium notifies the Commission otherwise in writing on or before the date for filing letters set forth in the annual public notice issued pursuant to paragraph (a) of this section. ( d ) The current registered consortium shall continue its traceback efforts until the effective date of the selection of any new registered consortium. [ 85 FR 21798 , Apr. 20, 2020] § 64.1204 Private entity submissions of robocall violations. ( a ) Any private entity may submit to the Enforcement Bureau information related to a call made or a text message sent that the private entity has reason to believe was in violation of § 64.1200(a) or 47 U.S.C. 227(b) . ( b ) For the purposes of this section, the term “private entity” shall mean any entity other than a natural individual person or a public entity. [ 86 FR 52843 , Sept. 23, 2021, as amended at 87 FR 67827 , Nov. 10, 2022] Subpart M—Provision of Payphone Service § 64.1300 Payphone compensation obligation. ( a ) For purposes of this subpart, a Completing Carrier is a long distance carrier or switch-based long distance reseller that completes a coinless access code or subscriber toll-free payphone call or a local exchange carrier that completes a local, coinless access code or subscriber toll-free payphone call. ( b ) Except as provided herein, a Completing Carrier that completes a coinless access code or subscriber toll-free payphone call from a switch that the Completing Carrier either owns or leases shall compensate the payphone service provider for that call at a rate agreed upon by the parties by contract. ( c ) The compensation obligation set forth herein shall not apply to calls to emergency numbers, calls by hearing disabled persons to a telecommunications relay service or local calls for which the caller has made the required coin deposit. ( d ) In the absence of an agreement as required by paragraph (b) of this section, the carrier is obligated to compensate the payphone service provider at a per-call rate of $.494. [ 71 FR 3014 , Jan. 19, 2006] § 64.1301 Per-payphone compensation. In the absence of a negotiated agreement to pay a different amount, each entity listed in Appendix C of the Fifth Order on Reconsideration and Order on Remand in CC Docket No. 96-128, FCC 02-292, must pay default compensation to payphone service providers for access code calls and payphone subscriber 800 calls for the period beginning April 21, 1999, in the amount listed in Appendix C for any payphone for any month during which per-call compensation for that payphone for that month was or is not paid by the listed entity. A complete copy of Appendix C is available at www.fcc.gov . [ 83 FR 11428 , Mar. 15, 2018] § 64.1310 Payphone compensation procedures. ( a ) Unless the payphone service provider consents to an alternative compensation arrangement, each Completing Carrier identified in § 64.1300(a) shall compensate the payphone service provider in accordance with paragraphs (a)(1) through (a)(4) of this section. A payphone service provider may not unreasonably withhold its consent to an alternative compensation arrangement. ( 1 ) Each Completing Carrier shall establish a call tracking system that accurately tracks coinless access code or subscriber toll-free payphone calls to completion. ( 2 ) Each Completing Carrier shall pay compensation to payphone service providers on a quarterly basis for each completed payphone call identified in the Completing Carrier's quarterly report required by paragraph (a)(4) of this section. ( 3 ) When payphone compensation is tendered for a quarter, a company official with the authority to bind the Completing Carrier shall submit to each payphone service provider to which compensation is tendered a sworn statement that the payment amount for that quarter is accurate and is based on 100% of all completed calls that originated from that payphone service provider's payphones. Instead of transmitting individualized statements to each payphone service provider, a Completing Carrier may provide a single, blanket sworn statement addressed to all payphone service providers to which compensation is tendered for that quarter and may notify the payphone service providers of the sworn statement through any electronic method, including transmitting the sworn statement with the § 64.1310(a)(4) quarterly report, or posting the sworn statement on the Completing Carrier or clearinghouse website. If a Completing Carrier chooses to post the sworn statement on its website, the Completing Carrier shall state in its § 64.1310(a)(4) quarterly report the web address of the sworn statement. ( 4 ) At the conclusion of each quarter, the Completing Carrier shall submit to the payphone service provider, in computer readable format, a report on that quarter that includes: ( i ) A list of the toll-free and access numbers dialed and completed by the Completing Carrier from each of that payphone service provider's payphones and the ANI for each payphone; ( ii ) The volume of calls for each number identified in paragraph (a)(4)(i) of this section that were completed by the Completing Carrier; ( iii ) The name, address, and phone number of the person or persons responsible for handling the Completing Carrier's payphone compensation; and ( iv ) The carrier identification code (“CIC”) of all facilities-based long distance carriers that routed calls to the Completing Carrier, categorized according to the list of toll-free and access code numbers identified in paragraph (a)(4)(i) of this section. ( b ) For purposes of this subpart, an Intermediate Carrier is a facilities-based long distance carrier that switches payphone calls to other facilities-based long distance carriers. ( c ) Unless the payphone service provider agrees to other reporting arrangements, each Intermediate Carrier shall provide the payphone service provider with quarterly reports, in computer readable format, that include: ( 1 ) A list of all the facilities-based long distance carriers to which the Intermediate Carrier switched toll-free and access code calls dialed from each of that payphone service provider's payphones; ( 2 ) For each facilities-based long distance carrier identified in paragraph (c)(1) of this section, a list of the toll-free and access code numbers dialed from each of that payphone service provider's payphones that all local exchange carriers have delivered to the Intermediate Carrier and that the Intermediate Carrier switched to the identified facilities-based long distance carrier; ( 3 ) The volume of calls for each number identified in paragraph (c)(2) of this section that the Intermediate Carrier has received from each of that payphone service provider's payphones, identified by their ANIs, and switched to each facilities-based long distance carrier identified in paragraph (c)(1) of this section; and ( 4 ) The name, address and telephone number and other identifying information of the person or persons for each facilities-based long distance carrier identified in paragraph (c)(1) of this section who serves as the Intermediate Carrier's contact at each identified facilities-based long distance carrier. ( d ) Local Exchange Carriers must provide to carriers required to pay compensation pursuant to § 64.1300(a) a list of payphone numbers in their service areas. The list must be provided on a quarterly basis. Local Exchange Carriers must verify disputed numbers in a timely manner, and must maintain verification data for 18 months after close of the compensation period. ( e ) Local Exchange Carriers must respond to all carrier requests for payphone number verification in connection with the compensation requirements herein, even if such verification is a negative response. ( f ) A payphone service provider that seeks compensation for payphones that are not included on the Local Exchange Carrier's list satisfies its obligation to provide alternative reasonable verification to a payor carrier if it provides to that carrier: ( 1 ) A notarized affidavit attesting that each of the payphones for which the payphone service provider seeks compensation is a payphone that was in working order as of the last day of the compensation period; and ( 2 ) Corroborating evidence that each such payphone is owned by the payphone service provider seeking compensation and was in working order on the last day of the compensation period. Corroborating evidence shall include, at a minimum, the telephone bill for the last month of the billing quarter indicating use of a line screening service. ( g ) Each Completing Carrier and each Intermediate Carrier must maintain verification data to support the quarterly reports submitted pursuant to paragraphs (a)(4) and (c) of this section for 27 months after the close of that quarter. This data must include the time and date that each call identified in paragraphs (a)(4) and (c) of this section was made. This data must be provided to the payphone service provider upon request. [ 68 FR 62755 , Nov. 6, 2003, as amended at 70 FR 722 , Jan. 5, 2005; 83 FR 11428 , Mar. 15, 2018] § 64.1330 State review of payphone entry and exit regulations and public interest payphones. ( a ) Each state must review and remove any of its regulations applicable to payphones and payphone service providers that impose market entry or exit requirements. ( b ) Each state must ensure that access to dialtone, emergency calls, and telecommunications relay service calls for the hearing disabled is available from all payphones at no charge to the caller. ( c ) Each state must review its rules and policies to determine whether it has provided for public interest payphones consistent with applicable Commission guidelines, evaluate whether it needs to take measures to ensure that such payphones will continue to exist in light of the Commission's implementation of Section 276 of the Communications Act, and administer and fund such programs so that such payphones are supported fairly and equitably. [ 61 FR 52323 , Oct. 7, 1996, as amended at 71 FR 65751 , Nov. 9, 2006] § 64.1340 Right to negotiate. Unless prohibited by Commission order, payphone service providers have the right to negotiate with the location provider on the location provider's selecting and contracting with, and, subject to the terms of any agreement with the location provider, to select and contract with, the carriers that carry interLATA and intraLATA calls from their payphones. [ 61 FR 52323 , Oct. 7, 1996] Subpart N—Expanded Interconnection § 64.1401 Expanded interconnection. ( a ) Every local exchange carrier that is classified as a Class A company under § 32.11 of this chapter and that is not a National Exchange Carrier Association interstate tariff participant, as provided in part 69, subpart G of this chapter , shall offer expanded interconnection for interstate special access services at their central offices that are classified as end offices or serving wire centers, and at other rating points used for interstate special access. ( b ) The local exchange carriers specified in paragraph (a) of this section shall offer expanded interconnection for interstate switched transport services: ( 1 ) In their central offices that are classified as end offices or serving wire centers, as well as at all tandem offices housed in buildings containing such carriers' end offices or serving wire centers for which interstate switched transport expanded interconnection has been tariffed; ( 2 ) Upon bona fide request, in tandem offices housed in buildings not containing such carriers' end offices or serving wire centers, or in buildings containing the carriers' end offices or serving wire centers for which interstate switched transport expanded interconnection has not been tariffed; and ( 3 ) Upon bona fide request, at remote nodes/switches that serve as rating points for interstate switched transport and that are capable of routing outgoing interexchange access traffic to interconnectors and in which interconnectors can route terminating traffic to such carriers. No such carrier is required to enhance remote nodes/switches or to build additional space to accommodate interstate switched transport expanded interconnection at these locations. ( c ) The local exchange carriers specified in paragraph (a) of this section shall offer expanded interconnection for interstate special access and switched transport services through virtual collocation, except that they may offer physical collocation, instead of virtual collocation, in specific central offices, as a service subject to non-streamlined communications common carrier regulation under Title II of the Communications Act ( 47 U.S.C. 201-228 ). ( d ) For the purposes of this subpart, physical collocation means an offering that enables interconnectors: ( 1 ) To place their own equipment needed to terminate basic transmission facilities, including optical terminating equipment and multiplexers, within or upon the local exchange carrier's central office buildings; ( 2 ) To use such equipment to connect interconnectors' fiber optic systems or microwave radio transmission facilities (where reasonably feasible) with the local exchange carrier's equipment and facilities used to provide interstate special access services; ( 3 ) To enter the local exchange carrier's central office buildings, subject to reasonable terms and conditions, to install, maintain, and repair the equipment described in paragraph (d)(1) of this section; and ( 4 ) To obtain reasonable amounts of space in central offices for the equipment described in paragraph (d)(1) of this section, allocated on a first-come, first-served basis. ( e ) For purposes of this subpart, virtual collocation means an offering that enables interconnectors: ( 1 ) To designate or specify equipment needed to terminate basic transmission facilities, including optical terminating equipment and multiplexers, to be located within or upon the local exchange carrier's buildings, and dedicated to such interconnectors' use, ( 2 ) To use such equipment to connect interconnectors' fiber optic systems or microwave radio transmission facilities (where reasonably feasible) with the local exchange carrier's equipment and facilities used to provide interstate special and switched access services, and ( 3 ) To monitor and control their communications channels terminating in such equipment. ( f ) Under both physical collocation offering and virtual collocation offerings for expanded interconnection of fiber optic facilities, local exchange carriers shall provide: ( 1 ) An interconnection point or points at which the fiber optic cable carrying an interconnectors' circuits can enter each local exchange carrier location, provided that the local exchange carrier shall designate interconnection points as close as reasonably possible to each location; and ( 2 ) At least two such interconnection points at any local exchange carrier location at which there are at least two entry points for the local exchange carrier's cable facilities, and space is available for new facilities in at least two of those entry points. ( g ) The local exchange carriers specified in paragraph (a) of this section shall offer signalling for tandem switching, as defined in § 69.2(vv) of this chapter , at central offices that are classified as equal office end offices or serving wire centers, or at signal transfer points if such information is offered via common channel signalling. [ 57 FR 54331 , Nov. 18, 1992, as amended at 58 FR 48762 , Sept. 17, 1993; 59 FR 32930 , June 27, 1994; 59 FR 38930 , Aug. 1, 1994] § 64.1402 Rights and responsibilities of interconnectors. ( a ) For the purposes of this subpart, an interconnector means a party taking expanded interconnection offerings. Any party shall be eligible to be an interconnector. ( b ) Interconnectors shall have the right, under expanded interconnection, to interconnect their fiber optic systems and, where reasonably feasible, their microwave transmission facilities. ( c ) Interconnectors shall not be allowed to use interstate special access expanded interconnection offerings to connect their transmission facilities with the local exchange carrier's interstate switched services until that local exchange carrier's tariffs implementing expanded interconnection for switched transport have become effective. [ 57 FR 54331 , Nov. 18, 1992, as amended at 61 FR 43160 , Aug. 21, 1996] Subpart O—Interstate Pay-Per-Call and Other Information Services Source: 58 FR 44773 , Aug. 25, 1993, unless otherwise noted. § 64.1501 Definitions. For purposes of this subpart, the following definitions shall apply: ( a ) Pay-per-call service means any service: ( 1 ) In which any person provides or purports to provide: ( i ) Audio information or audio entertainment produced or packaged by such person; ( ii ) Access to simultaneous voice conversation services; or ( iii ) Any service, including the provision of a product, the charges for which are assessed on the basis of the completion of the call; ( 2 ) For which the caller pays a per-call or per-time-interval charge that is greater than, or in addition to, the charge for transmission of the call; and ( 3 ) Which is accessed through use of a 900 number; ( 4 ) Provided, however, such term does not include directory services provided by a common carrier or its affiliate or by a local exchange carrier or its affiliate, or any service for which users are assessed charges only after entering into a presubscription or comparable arrangement with the provider of such service. ( b ) Presubscription or comparable arrangement means a contractual agreement in which: ( 1 ) The service provider clearly and conspicuously discloses to the consumer all material terms and conditions associated with the use of the service, including the service provider's name and address, a business telephone number which the consumer may use to obtain additional information or to register a complaint, and the rates for the service; ( 2 ) The service provider agrees to notify the consumer of any future rate changes; ( 3 ) The consumer agrees to use the service on the terms and conditions disclosed by the service provider; and ( 4 ) The service provider requires the use of an identification number or other means to prevent unauthorized access to the service by nonsubscribers; ( 5 ) Provided, however, that disclosure of a credit, prepaid account, debit, charge, or calling card number, along with authorization to bill that number, made during the course of a call to an information service shall constitute a presubscription or comparable arrangement if an introductory message containing the information specified in § 64.1504(c)(2) is provided prior to, and independent of, assessment of any charges. No other action taken by a consumer during the course of a call to an information service, for which charges are assessed, can create a presubscription or comparable arrangement. ( 6 ) Provided, that a presubscription arrangement to obtain information services provided by means of a toll-free number shall conform to the requirements of § 64.1504(c) . ( c ) Calling card means an identifying number or code unique to the individual, that is issued to the individual by a common carrier and enables the individual to be charged by means of a phone bill for charges incurred independent of where the call originates. [ 61 FR 39087 , July 26, 1996] § 64.1502 Limitations on the provision of pay-per-call services. Any common carrier assigning a telephone number to a provider of interstate pay-per-call service shall require, by contract or tariff, that such provider comply with the provisions of this subpart and of titles II and III of the Telephone Disclosure and Dispute Resolution Act (Pub. L. No. 102-556) (TDDRA) and the regulations prescribed by the Federal Trade Commission pursuant to those titles. § 64.1503 Termination of pay-per-call and other information programs. ( a ) Any common carrier assigning a telephone number to a provider of interstate pay-per-call service shall specify by contract or tariff that pay-per-call programs not in compliance with § 64.1502 shall be terminated following written notice to the information provider. The information provider shall be afforded a period of no less than seven and no more than 14 days during which a program may be brought into compliance. Programs not in compliance at the expiration of such period shall be terminated immediately. ( b ) Any common carrier providing transmission or billing and collection services to a provider of interstate information service through any 800 telephone number, or other telephone number advertised or widely understood to be toll-free, shall promptly investigate any complaint that such service is not provided in accordance with § 64.1504 or § 64.1510(c) , and, if the carrier reasonably determines that the complaint is valid, may terminate the provision of service to an information provider unless the provider supplies evidence of a written agreement that meets the requirements of this § 64.1504(c)(1) . [ 61 FR 39087 , July 26, 1996] § 64.1504 Restrictions on the use of toll-free numbers. A common carrier shall prohibit by tariff or contract the use of any 800 telephone number, or other telephone number advertised or widely understood to be toll-free, in a manner that would result in: ( a ) The calling party or the subscriber to the originating line being assessed, by virtue of completing the call, a charge for a call; ( b ) The calling party being connected to a pay-per-call service; ( c ) The calling party being charged for information conveyed during the call unless: ( 1 ) The calling party has a written agreement (including an agreement transmitted through electronic medium) that specifies the material terms and conditions under which the information is offered and includes: ( i ) The rate at which charges are assessed for the information; ( ii ) The information provider's name; ( iii ) The information provider's business address; ( iv ) The information provider's regular business telephone number; ( v ) The information provider's agreement to notify the subscriber at least one billing cycle in advance of all future changes in the rates charged for the information; ( vi ) The subscriber's choice of payment method, which may be by direct remit, debit, prepaid account, phone bill, or credit or calling card and, if a subscriber elects to pay by means of phone bill, a clear explanation that the subscriber will be assessed for calls made to the information service from the subscriber's phone line; ( vii ) A unique personal identification number or other subscriber-specific identifier that must be used to obtain access to the information service and instructions on its use, and, in addition, assures that any charges for services accessed by use of the subscriber's personal identification number or subscriber-specific identifier be assessed to subscriber's source of payment elected pursuant to paragraph (c)(1)(vi) of this section; or ( 2 ) The calling party is charged for the information by means of a credit, prepaid, debit, charge, or calling card and the information service provider includes in response to each call an introductory message that: ( i ) Clearly states that there is a charge for the call; ( ii ) Clearly states the service's total cost per minute and any other fees for the service or for any service to which the caller may be transferred; ( iii ) Explains that the charges must be billed on either a credit, prepaid, debit, charge, or calling card; ( iv ) Asks the caller for the card number; ( v ) Clearly states that charges for the call begin at the end of the introductory message; and ( vi ) Clearly states that the caller can hang up at or before the end of the introductory message without incurring any charge whatsoever. ( d ) The calling party being called back collect for the provision of audio or data information services, simultaneous voice conversation services, or products; and ( e ) The calling party being assessed by virtue of the caller being asked to connect or otherwise transfer to a pay-per-call service, a charge for the call. ( f ) Provided, however, that: ( 1 ) Notwithstanding paragraph (c)(1) of this section, a written agreement that meets the requirements of that paragraph is not required for: ( i ) Calls utilizing telecommunications devices for the deaf; ( ii ) Directory services provided by a common carrier or its affiliate or by a local exchange carrier or its affiliate; or ( iii ) Any purchase of goods or of services that are not information services. ( 2 ) The requirements of paragraph (c)(2) of this section shall not apply to calls from repeat callers using a bypass mechanism to avoid listening to the introductory message: Provided , That information providers shall disable such a bypass mechanism after the institution of any price increase for a period of time determined to be sufficient by the Federal Trade Commission to give callers adequate and sufficient notice of a price increase. [ 61 FR 39087 , July 26, 1996, as amended at 69 FR 61154 , Oct. 15, 2004] § 64.1505 Restrictions on collect telephone calls. ( a ) No common carrier shall provide interstate transmission or billing and collection services to an entity offering any service within the scope of § 64.1501(a)(1) that is billed to a subscriber on a collect basis at a per-call or per-time-interval charge that is greater than, or in addition to, the charge for transmission of the call. ( b ) No common carrier shall provide interstate transmission services for any collect information services billed to a subscriber at a tariffed rate unless the called party has taken affirmative action clearly indicating that it accepts the charges for the collect service. § 64.1506 Number designation. Any interstate service described in § 64.1501(a)(1)-(2) , and not subject to the exclusions contained in § 64.1501(a)(4) , shall be offered only through telephone numbers beginning with a 900 service access code. [ 59 FR 46770 , Sept. 12, 1994] § 64.1507 Prohibition on disconnection or interruption of service for failure to remit pay-per-call and similar service charges. No common carrier shall disconnect or interrupt in any manner, or order the disconnection or interruption of, a telephone subscriber's local exchange or long distance telephone service as a result of that subscriber's failure to pay: ( a ) Charges for interstate pay-per-call service; ( b ) Charges for interstate information services provided pursuant to a presubscription or comparable arrangement; or ( c ) Charges for interstate information services provided on a collect basis which have been disputed by the subscriber. [ 58 FR 44773 , Aug. 25, 1993, as amended at 59 FR 46770 , Sept. 12, 1994] § 64.1508 Blocking access to 900 service. ( a ) Local exchange carriers must offer to their subscribers, where technically feasible, an option to block access to services offered on the 900 service access code. Blocking is to be offered at no charge, on a one-time basis, to: ( 1 ) All telephone subscribers during the period from November 1, 1993 through December 31, 1993; and ( 2 ) Any subscriber who subscribes to a new telephone number for a period of 60 days after the new number is effective. ( b ) For blocking requests not within the one-time option or outside the time frames specified in paragraph (a) of this section, and for unblocking requests, local exchange carriers may charge a reasonable one-time fee. Requests by subscribers to remove 900 services blocking must be in writing. ( c ) The terms and conditions under which subscribers may obtain 900 services blocking are to be included in tariffs filed with this Commission. § 64.1509 Disclosure and dissemination of pay-per-call information. ( a ) Any common carrier assigning a telephone number to a provider of interstate pay-per-call services shall make readily available, at no charge, to Federal and State agencies and all other interested persons: ( 1 ) A list of the telephone numbers for each of the pay-per-call services it carries; ( 2 ) A short description of each such service; ( 3 ) A statement of the total cost or the cost per minute and any other fees for each such service; and ( 4 ) A statement of the pay-per-call service provider's name, business address, and business telephone number. ( b ) Any common carrier assigning a telephone number to a provider of interstate pay-per-call services and offering billing and collection services to such provider shall: ( 1 ) Establish a local or toll-free telephone number to answer questions and provide information on subscribers' rights and obligations with regard to their use of pay-per-call services and to provide to callers the name and mailing address of any provider of pay-per-call services offered by that carrier; and ( 2 ) Provide to all its telephone subscribers, either directly or through contract with any local exchange carrier providing billing and collection services to that carrier, a disclosure statement setting forth all rights and obligations of the subscriber and the carrier with respect to the use and payment of pay-per-call services. Such statement must include the prohibition against disconnection of basic communications services for failure to pay pay-per-call charges established by § 64.1507 , the right of a subscriber to obtain blocking in accordance with § 64.1508 , the right of a subscriber not to be billed for pay-per-call services not offered in compliance with federal laws and regulations established by § 64.1510(a)(1) , and the possibility that a subscriber's access to 900 services may be involuntarily blocked pursuant to § 64.1512 for failure to pay legitimate pay-per-call charges. Disclosure statements must be forwarded to: ( i ) All telephone subscribers no later than 60 days after these regulations take effect; ( ii ) All new telephone subscribers no later than 60 days after service is established; ( iii ) All telephone subscribers requesting service at a new location no later than 60 days after service is established; and ( iv ) Thereafter, to all subscribers at least once per calendar year, at intervals of not less than 6 months nor more than 18 months. [ 58 FR 44773 , Aug. 25, 1993, as amended at 61 FR 55582 , Oct. 28, 1996] § 64.1510 Billing and collection of pay-per-call and similar service charges. ( a ) Any common carrier assigning a telephone number to a provider of interstate pay-per-call services and offering billing and collection services to such provider shall: ( 1 ) Ensure that a subscriber is not billed for interstate pay-per-call services that such carrier knows or reasonably should know were provided in violation of the regulations set forth in this subpart or prescribed by the Federal Trade Commission pursuant to titles II or III of the TDDRA or any other federal law; ( 2 ) In any billing to telephone subscribers that includes charges for any interstate pay-per-call service: ( i ) Include a statement indicating that: ( A ) Such charges are for non-communications services; ( B ) Neither local nor long distances services can be disconnected for non-payment although an information provider may employ private entities to seek to collect such charges; ( C ) 900 number blocking is available upon request; and ( D ) Access to pay-per-call services may be involuntarily blocked for failure to pay legitimate charges; ( ii ) Display any charges for pay-per-call services in a part of the bill that is identified as not being related to local and long distance telephone charges; ( iii ) Specify, for each pay-per-call charge made, the type of service, the amount of the charge, and the date, time, and, for calls billed on a time-sensitive basis, the duration of the call; and ( iv ) Identify the local or toll-free number established in accordance with § 64.1509(b)(1) . ( b ) Any common carrier offering billing and collection services to an entity providing interstate information services on a collect basis shall, to the extent possible, display the billing information in the manner described in paragraphs (a)(2)(i) , (A) , (B) , (D) and (a)(2)(ii) of this section. ( c ) If a subscriber elects, pursuant to § 64.1504(c)(1)(vi) , to pay by means of a phone bill for any information service provided by through any 800 telephone number, or other telephone number advertised or widely understood to be toll-free, the phone bill shall: ( 1 ) Include, in prominent type, the following disclaimer: “Common carriers may not disconnect local or long distance telephone service for failure to pay disputed charges for information services;” and ( 2 ) Clearly list the 800 or other toll-free number dialed. [ 58 FR 44773 , Aug. 25, 1993, as amended at 59 FR 46771 , Sept. 12, 1994; 61 FR 39088 , July 26, 1996] § 64.1511 Forgiveness of charges and refunds. ( a ) Any carrier assigning a telephone number to a provider of interstate pay-per-call services or providing transmission for interstate information services provided pursuant to a presubscription or comparable arrangement or on a collect basis, and providing billing and collection for such services, shall establish procedures for the handling of subscriber complaints regarding charges for those services. A billing carrier is afforded discretion to set standards for determining when a subscriber's complaint warrants forgiveness, refund or credit of interstate pay-per-call or information services charges provided that such charges must be forgiven, refunded, or credited when a subscriber has complained about such charges and either this Commission, the Federal Trade Commission, or a court of competent jurisdiction has found or the carrier has determined, upon investigation, that the service has been offered in violation of federal law or the regulations that are either set forth in this subpart or prescribed by the Federal Trade Commission pursuant to titles II or III of the TDDRA. Carriers shall observe the record retention requirements set forth in § 42.6 of this chapter except that relevant records shall be retained by carriers beyond the requirements of part 42 of this chapter when a complaint is pending at the time the specified retention period expires. ( b ) Any carrier assigning a telephone number to a provider of interstate pay-per-call services but not providing billing and collection services for such services, shall, by tariff or contract, require that the provider and/or its billing and collection agents have in place procedures whereby, upon complaint, pay-per-call charges may be forgiven, refunded, or credited, provided that such charges must be forgiven, refunded, or credited when a subscriber has complained about such charges and either this Commission, the Federal Trade Commission, or a court of competent jurisdiction has found or the carrier has determined, upon investigation, that the service has been offered in violation of federal law or the regulations that are either set forth in this subpart or prescribed by the Federal Trade Commission pursuant to titles II or III of the TDDRA. [ 58 FR 44773 , Aug. 25, 1993, as amended at 59 FR 46771 , Sept. 12, 1994] § 64.1512 Involuntary blocking of pay-per-call services. Nothing in this subpart shall preclude a common carrier or information provider from blocking or ordering the blocking of its interstate pay-per-call programs from numbers assigned to subscribers who have incurred, but not paid, legitimate pay-per-call charges, except that a subscriber who has filed a complaint regarding a particular pay-per-call program pursuant to procedures established by the Federal Trade Commission under title III of the TDDRA shall not be involuntarily blocked from access to that program while such a complaint is pending. This restriction is not intended to preclude involuntary blocking when a carrier or IP has decided in one instance to sustain charges against a subscriber but that subscriber files additional separate complaints. § 64.1513 Verification of charitable status. Any common carrier assigning a telephone number to a provider of interstate pay-per-call services that the carrier knows or reasonably should know is engaged in soliciting charitable contributions shall obtain verification that the entity or individual for whom contributions are solicited has been granted tax exempt status by the Internal Revenue Service. § 64.1514 Generation of signalling tones. No common carrier shall assign a telephone number for any pay-per-call service that employs broadcast advertising which generates the audible tones necessary to complete a call to a pay-per-call service. § 64.1515 Recovery of costs. No common carrier shall recover its cost of complying with the provisions of this subpart from local or long distance ratepayers. Subpart P—Calling Party Telephone Number; Privacy Source: 59 FR 18319 , Apr. 18, 1994, unless otherwise noted. § 64.1600 Definitions. ( a ) Aggregate information. The term “aggregate information” means collective data that relate to a group or category of services or customers, from which individual customer identities or characteristics have been removed. ( b ) ANI. The term “ANI” (automatic number identification) refers to the delivery of the calling party's billing number by a local exchange carrier to any interconnecting carrier for billing or routing purposes, and to the subsequent delivery of such number to end users. ( c ) Caller identification information. The term “caller identification information” means information provided by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a voice service or a text message sent using a text messaging service. ( d ) Caller identification service. The term “caller identification service” means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a voice service or a text message sent using a text messaging service. ( e ) Calling party number. The term “Calling Party Number” refers to the subscriber line number or the directory number contained in the calling party number parameter of the call set-up message associated with an interstate call on a Signaling System 7 network. ( f ) Charge number. The term “charge number” refers to the delivery of the calling party's billing number in a Signaling System 7 environment by a local exchange carrier to any interconnecting carrier for billing or routing purposes, and to the subsequent delivery of such number to end users. ( g ) Information regarding the origination. The term “information regarding the origination” means any: ( 1 ) Telephone number; ( 2 ) Portion of a telephone number, such as an area code; ( 3 ) Name; ( 4 ) Location information; ( 5 ) Billing number information, including charge number, ANI, or pseudo-ANI; or ( 6 ) Other information regarding the source or apparent source of a telephone call. ( h ) Interconnected VoIP service. The term “interconnected VoIP service” has the same meaning given the term “interconnected VoIP service” in 47 CFR 9.3 as it currently exists or may hereafter be amended. ( i ) Intermediate provider. The term “intermediate provider” means any entity that carries or processes traffic that traverses or will traverse the public switched telephone network (PSTN) at any point insofar as that entity neither originates nor terminates that traffic. ( j ) N11 service code. For purposes of this subpart, the term “N11 service code” means an abbreviated dialing code that allows telephone users to connect with a particular node in the network by dialing only three digits, of which the first digit is any digit other than `1' or `0', and each of the last two digits is `1'. ( k ) Multimedia message service (MMS). The term “multimedia message service” or MMS refers to a wireless messaging service that is an extension of the SMS protocol and can deliver a variety of media, and enables users to send pictures, videos, and attachments over wireless messaging channels. ( l ) Privacy indicator. The term “privacy indicator” refers to information, contained in the calling party number parameter of the call set-up message associated with an interstate call on an Signaling System 7 network, that indicates whether the calling party authorizes presentation of the calling party number to the called party. ( m ) Short message service (SMS). The term “short message service” or SMS refers to a wireless messaging service that enables users to send and receive short text messages, typically 160 characters or fewer, to or from mobile phones and can support a host of applications. ( n ) Signaling System 7. The term “Signaling System 7” (SS7) refers to a carrier to carrier out-of-band signaling network used for call routing, billing and management. ( o ) Text message. The term “text message”: ( 1 ) Means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number or N11 service code; ( 2 ) Includes a short message service (SMS) message, and a multimedia message service (MMS) message and ( 3 ) Does not include: ( i ) A real-time, two-way voice or video communication; or ( ii ) A message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in paragraph (o)(2) of this section. ( p ) Text messaging service. The term “text messaging service” means a service that enables the transmission or receipt of a text message, including a service provided as part of or in connection with a voice service. ( q ) Threatening call. The term “threatening call” is any call that conveys an emergency involving danger of death or serious physical injury to any person requiring disclosure without delay of information relating to the emergency. ( r ) Voice service. The term “voice service”: ( 1 ) Means any service that is interconnected with the public switched telephone network and that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor to the North American Numbering Plan adopted by the Commission under section 251(e)(1) of the Communications Act of 1934, as amended; and ( 2 ) Includes transmissions from a telephone facsimile machine, computer, or other device to a telephone facsimile machine. [ 60 FR 29490 , June 5, 1995, as amended at 76 FR 43205 , July 20, 2011; 76 FR 73882 , Nov. 29, 2011; 82 FR 56917 , Dec. 1, 2017; 84 FR 45678 , Aug. 30, 2019] § 64.1601 Delivery requirements and privacy restrictions. ( a ) Delivery. Except as provided in paragraphs (d) and (e) of this section: ( 1 ) Telecommunications carriers and providers of interconnected Voice over Internet Protocol (VoIP) services, in originating interstate or intrastate traffic on the public switched telephone network (PSTN) or originating interstate or intrastate traffic that is destined for the PSTN (collectively “PSTN Traffic”), are required to transmit for all PSTN Traffic the telephone number received from or assigned to or otherwise associated with the calling party to the next provider in the path from the originating provider to the terminating provider. This provision applies regardless of the voice call signaling and transmission technology used by the carrier or VoIP provider. Entities subject to this provision that use Signaling System 7 (SS7) are required to transmit the calling party number (CPN) associated with all PSTN Traffic in the SS7 ISUP (ISDN User Part) CPN field to interconnecting providers, and are required to transmit the calling party's charge number (CN) in the SS7 ISUP CN field to interconnecting providers for any PSTN Traffic where CN differs from CPN. Entities subject to this provision who use multi-frequency (MF) signaling are required to transmit CPN, or CN if it differs from CPN, associated with all PSTN Traffic in the MF signaling automatic numbering information (ANI) field. ( 2 ) Intermediate providers within an interstate or intrastate call path that originates and/or terminates on the PSTN must pass unaltered to subsequent providers in the call path signaling information identifying the telephone number, or billing number, if different, of the calling party that is received with a call. This requirement applies to SS7 information including but not limited to CPN and CN, and also applies to MF signaling information or other signaling information intermediate providers receive with a call. This requirement also applies to VoIP signaling messages, such as calling party and charge information identifiers contained in Session Initiation Protocol (SIP) header fields, and to equivalent identifying information as used in other VoIP signaling technologies, regardless of the voice call signaling and transmission technology used by the carrier or VoIP provider. ( b ) Privacy. Except as provided in paragraph (d) of this section, originating carriers using Signaling System 7 and offering or subscribing to any service based on Signaling System 7 functionality will recognize *67 dialed as the first three digits of a call (or 1167 for rotary or pulse dialing phones) as a caller's request that the CPN not be passed on an interstate call. Such carriers providing line blocking services will recognize *82 as a caller's request that the CPN be passed on an interstate call. No common carrier subscribing to or offering any service that delivers CPN may override the privacy indicator associated with an interstate call. Carriers must arrange their CPN-based services, and billing practices, in such a manner that when a caller requests that the CPN not be passed, a carrier may not reveal that caller's number or name, nor may the carrier use the number or name to allow the called party to contact the calling party. The terminating carrier must act in accordance with the privacy indicator unless the call is made to a called party that subscribes to an ANI or charge number based service and the call is paid for by the called party. ( c ) Charges. No common carrier subscribing to or offering any service that delivers calling party number may ( 1 ) Impose on the calling party charges associated with per call blocking of the calling party's telephone number, or ( 2 ) Impose charges upon connecting carriers for the delivery of the calling party number parameter or its associated privacy indicator. ( d ) Exemptions. Section 64.1601(a) and (b) shall not apply when: ( 1 ) A call originates from a payphone. ( 2 ) A local exchange carrier with Signaling System 7 capability does not have the software to provide *67 or *82 functionalities. Such carriers are prohibited from passing CPN. ( 3 ) A Private Branch Exchange or Centrex system does not pass end user CPN. Centrex systems that rely on *6 or *8 for a function other than CPN blocking or unblocking, respectively, are also exempt if they employ alternative means of blocking or unblocking. ( 4 ) CPN delivery— ( i ) Is used solely in connection with calls within the same limited system, including (but not limited to) a Centrex system, virtual private network, or Private Branch Exchange; ( ii ) Is used on a public agency's emergency telephone line or in conjunction with 911 emergency services, on a telephone line to contact non-public emergency services licensed by the state or municipality, or on any entity's emergency assistance poison control telephone line; or ( iii ) Is provided in connection with legally authorized call tracing or trapping procedures specifically requested by a law enforcement agency. ( e ) Any person or entity that engages in telemarketing, as defined in section 64.1200(f)(10) must transmit caller identification information. ( 1 ) For purposes of this paragraph, caller identification information must include either CPN or ANI, and, when available by the telemarketer's carrier, the name of the telemarketer. It shall not be a violation of this paragraph to substitute (for the name and phone number used in, or billed for, making the call) the name of the seller on behalf of which the telemarketing call is placed and the seller's customer service telephone number. The telephone number so provided must permit any individual to make a do-not-call request during regular business hours. ( 2 ) Any person or entity that engages in telemarketing is prohibited from blocking the transmission of caller identification information. ( 3 ) Tax-exempt nonprofit organizations are not required to comply with this paragraph. ( f ) Paragraph (b) of this section shall not apply when CPN delivery is made in connection with a threatening call. Upon report of such a threatening call by law enforcement on behalf of the threatened party, the carrier will provide any CPN of the calling party to law enforcement and, as directed by law enforcement, to security personnel for the called party for the purpose of identifying the party responsible for the threatening call. ( g ) For law enforcement or security personnel of the called party investigating the threat: ( 1 ) The CPN on incoming restricted calls may not be passed on to the line called; ( 2 ) Any system used to record CPN must be operated in a secure way, limiting access to designated telecommunications and security personnel, as directed by law enforcement; ( 3 ) Telecommunications and security personnel, as directed by law enforcement, may access restricted CPN data only when investigating phone calls of a threatening and serious nature, and shall document that access as part of the investigative report; ( 4 ) Carriers transmitting restricted CPN information must take reasonable measures to ensure security of such communications; ( 5 ) CPN information must be destroyed in a secure manner after a reasonable retention period; and ( 6 ) Any violation of these conditions must be reported promptly to the Commission. [ 60 FR 29490 , June 5, 1995; 60 FR 54449 , Oct. 24, 1995, as amended at 62 FR 34015 , June 24, 1997; 68 FR 44179 , July 25, 2003; 71 FR 75122 , Dec. 14, 2006; 76 FR 73882 , Nov. 29, 2011; 82 FR 56917 , Dec. 1, 2017] § 64.1602 Restrictions on use and sale of telephone subscriber information provided pursuant to automatic number identification or charge number services. ( a ) Any common carrier providing Automatic Number Identification or charge number services on interstate calls to any person shall provide such services under a contract or tariff containing telephone subscriber information requirements that comply with this subpart. Such requirements shall: ( 1 ) Permit such person to use the telephone number and billing information for billing and collection, routing, screening, and completion of the originating telephone subscriber's call or transaction, or for services directly related to the originating telephone subscriber's call or transaction; ( 2 ) Prohibit such person from reusing or selling the telephone number or billing information without first ( i ) Notifying the originating telephone subscriber and, ( ii ) Obtaining the affirmative consent of such subscriber for such reuse or sale; and, ( 3 ) Prohibit such person from disclosing, except as permitted by paragraphs (a) (1) and (2) of this section, any information derived from the automatic number identification or charge number service for any purpose other than ( i ) Performing the services or transactions that are the subject of the originating telephone subscriber's call, ( ii ) Ensuring network performance security, and the effectiveness of call delivery, ( iii ) Compiling, using, and disclosing aggregate information, and ( iv ) Complying with applicable law or legal process. ( b ) The requirements imposed under paragraph (a) of the section shall not prevent a person to whom automatic number identification or charge number services are provided from using ( 1 ) The telephone number and billing information provided pursuant to such service, and ( 2 ) Any information derived from the automatic number identification or charge number service, or from the analysis of the characteristics of a telecommunications transmission, to offer a product or service that is directly related to the products or services previously acquired by that customer from such person. Use of such information is subject to the requirements of 47 CFR 64.1200 and 64.1504(c) . [ 60 FR 29490 , June 5, 1995] § 64.1603 Customer notification. Any common carrier participating in the offering of services providing calling party number, ANI, or charge number on interstate calls must notify its subscribers, individually or in conjunction with other carriers, that their telephone numbers may be identified to a called party. Such notification must be made not later than December 1, 1995, and at such times thereafter as to ensure notice to subscribers. The notification must be effective in informing subscribers how to maintain privacy by dialing *67 (or 1167 for rotary or pulse-dialing phones) on interstate calls. The notice shall inform subscribers whether dialing *82 (or 1182 for rotary or pulse-dialing phones) on interstate calls is necessary to present calling party number to called parties. For ANI or charge number services for which such privacy is not provided, the notification shall inform subscribers of the restrictions on the reuse or sale of subscriber information. [ 60 FR 29491 , June 5, 1995; 60 FR 54449 , Oct. 24, 1995] § 64.1604 Prohibition on transmission of inaccurate or misleading caller identification information. ( a ) No person or entity in the United States, nor any person or entity outside the United States if the recipient is within the United States, shall, with the intent to defraud, cause harm, or wrongfully obtain anything of value, knowingly cause, directly, or indirectly, any caller identification service to transmit or display misleading or inaccurate caller identification information in connection with any voice service or text messaging service. ( b ) Paragraph (a) of this section shall not apply to: ( 1 ) Lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States; or ( 2 ) Activity engaged in pursuant to a court order that specifically authorizes the use of caller identification manipulation. ( c ) A person or entity that blocks or seeks to block a caller identification service from transmitting or displaying that person or entity's own caller identification information pursuant to § 64.1601(b) of this part shall not be liable for violating the prohibition in paragraph (a) of this section. This paragraph (c) does not relieve any person or entity that engages in telemarketing, as defined in § 64.1200(f)(10) of this part , of the obligation to transmit caller identification information under § 64.1601(e) . [ 76 FR 43205 , July 20, 2011, as amended at 84 FR 45678 , Aug. 30, 2019] § 64.1605 Effective date. The provisions of §§ 64.1600 and 64.1602 are effective April 12, 1995. The provisions of §§ 64.1601 and 64.1603 are effective December 1, 1995, except §§ 64.1601 and 64.1603 do not apply to public payphones and partylines until January 1, 1997. [ 60 FR 29491 , June 5, 1995; 60 FR 54449 , Oct. 24, 1995. Redesignated at 76 FR 43205 , July 20, 2011] § 64.1606 Private entity submissions of spoofing violations. ( a ) Any private entity may submit to the Enforcement Bureau information related to a call or text message that the private entity has reason to believe included misleading or inaccurate caller identification information in violation of § 64.1604(a) or 47 U.S.C. 227(e) . ( b ) For the purposes of this section, the term “private entity” shall mean any entity other than a natural individual person or a public entity. [ 86 FR 52843 , Sept. 23, 2021, as amended at 87 FR 67827 , Nov. 10, 2022] Subpart Q—Implementation of Section 273(d)(5) of the Communications Act: Dispute Resolution Regarding Equipment Standards Source: 61 FR 24903 , May 17, 1996, unless otherwise noted. § 64.1700 Purpose and scope. The purpose of this subpart is to implement the Telecommunications Act of 1996 which amended the Communications Act by creating section 273(d)(5), 47 U.S.C. 273(d)(5) . Section 273(d) sets forth procedures to be followed by non-accredited standards development organizations when these organizations set industry-wide standards and generic requirements for telecommunications equipment or customer premises equipment. The statutory procedures allow outside parties to fund and participate in setting the organization's standards and require the organization and the parties to develop a process for resolving any technical disputes. In cases where all parties cannot agree to a mutually satisfactory dispute resolution process, section 273(d)(5) requires the Commission to prescribe a dispute resolution process. § 64.1701 Definitions. For purposes of this subpart, the terms accredited standards development organization , funding party , generic requirement , and industry-wide have the same meaning as found in 47 U.S.C. 273 . § 64.1702 Procedures. If a non-accredited standards development organization (NASDO) and the funding parties are unable to agree unanimously on a dispute resolution process prior to publishing a text for comment pursuant to 47 U.S.C. 273(d)(4)(A)(v) , a funding party may use the default dispute resolution process set forth in section 64.1703 . § 64.1703 Dispute resolution default process. ( a ) Tri-Partite Panel. Technical disputes governed by this section shall be resolved in accordance with the recommendation of a three-person panel, subject to a vote of the funding parties in accordance with paragraph (b) of this section. Persons who participated in the generic requirements or standards development process are eligible to serve on the panel. The panel shall be selected and operate as follows: ( 1 ) Within two (2) days of the filing of a dispute with the NASDO invoking the dispute resolution default process, both the funding party seeking dispute resolution and the NASDO shall select a representative to sit on the panel; ( 2 ) Within four (4) days of their selection, the two panelists shall select a neutral third panel member to create a tri-partite panel; ( 3 ) The tri-partite panel shall, at a minimum, review the proposed text of the NASDO and any explanatory material provided to the funding parties by the NASDO, the comments and any alternative text provided by the funding party seeking dispute resolution, any relevant standards which have been established or which are under development by an accredited-standards development organization, and any comments submitted by other funding parties; ( 4 ) Any party in interest submitting information to the panel for consideration (including the NASDO, the party seeking dispute resolution and the other funding parties) shall be asked by the panel whether there is knowledge of patents, the use of which may be essential to the standard or generic requirement being considered. The fact that the question was asked along with any affirmative responses shall be recorded, and considered, in the panel's recommendation; and ( 5 ) The tri-partite panel shall, within fifteen (15) days after being established, decide by a majority vote, the issue or issues raised by the party seeking dispute resolution and produce a report of their decision to the funding parties. The tri-partite panel must adopt one of the five options listed below: ( i ) The NASDO's proposal on the issue under consideration; ( ii ) The position of the party seeking dispute resolution on the issue under consideration; ( iii ) A standard developed by an accredited standards development organization that addresses the issue under consideration; ( iv ) A finding that the issue is not ripe for decision due to insufficient technical evidence to support the soundness of any one proposal over any other proposal; or ( v ) Any other resolution that is consistent with the standard described in section 64.1703(a)(6) . ( 6 ) The tri-partite panel must choose, from the five options outlined above, the option that they believe provides the most technically sound solution and base its recommendation upon the substantive evidence presented to the panel. The panel is not precluded from taking into account complexity of implementation and other practical considerations in deciding which option is most technically sound. Neither of the disputants (i.e., the NASDO and the funding party which invokes the dispute resolution process) will be permitted to participate in any decision to reject the mediation panel's recommendation. ( b ) The tri-partite panel's recommendation(s) must be included in the final industry-wide standard or industry-wide generic requirement, unless three-fourths of the funding parties who vote decide within thirty (30) days of the filing of the dispute to reject the recommendation and accept one of the options specified in paragraphs (a)(5) (i) through (v) of this section. Each funding party shall have one vote. ( c ) All costs sustained by the tri-partite panel will be incorporated into the cost of producing the industry-wide standard or industry-wide generic requirement. § 64.1704 Frivolous disputes/penalties. ( a ) No person shall willfully refer a dispute to the dispute resolution process under this subpart unless to the best of his knowledge, information and belief there is good ground to support the dispute and the dispute is not interposed for delay. ( b ) Any person who fails to comply with the requirements in paragraph (a) of this section, may be subject to forfeiture pursuant to section 503(b) of the Communications Act, 47 U.S.C. 503(b) . Subpart R—Geographic Rate Averaging and Rate Integration Authority: 47 U.S.C. §§ 151 , 154(i) , 201-205 , 214(e) , 215 and 254(g) . § 64.1801 Geographic rate averaging and rate integration. ( a ) The rates charged by providers of interexchange telecommunications services to subscribers in rural and high-cost areas shall be no higher than the rates charged by each such provider to its subscribers in urban areas. ( b ) A provider of interstate interexchange telecommunications services shall provide such services to its subscribers in each U.S. state at rates no higher than the rates charged to its subscribers in any other state. [ 61 FR 42564 , Aug. 16, 1996] Subpart S—Nondominant Interexchange Carrier Certifications Regarding Geographic Rate Averaging and Rate Integration Requirements § 64.1900 Nondominant interexchange carrier certifications regarding geographic rate averaging and rate integration requirements. ( a ) A nondominant provider of interexchange telecommunications services, which provides detariffed interstate, domestic, interexchange services, shall file with the Commission, on an annual basis, a certification that it is providing such services in compliance with its geographic rate averaging and rate integration obligations pursuant to section 254(g) of the Communications Act of 1934, as amended. ( b ) The certification filed pursuant to paragraph (a) of this section shall be signed by an officer of the company under oath. [ 61 FR 59366 , Nov. 22, 1996] Subpart T—Separate Affiliate Requirements for Incumbent Independent Local Exchange Carriers That Provide In-Region, Interstate Domestic Interexchange Services or In-Region International Interexchange Services Source: 62 FR 36017 , July 3, 1997, unless otherwise noted. § 64.1901 Basis and purpose. ( a ) Basis. These rules are issued pursuant to the Communications Act of 1934, as amended. ( b ) Purpose. The purpose of these rules is to regulate the provision of in-region, interstate, domestic, interexchange services and in-region international interexchange services by incumbent independent local exchange carriers. § 64.1902 Terms and definitions. Terms used in this part have the following meanings: Books of account. Books of account refer to the financial accounting system a company uses to record, in monetary terms, the basic transactions of a company. These books of account reflect the company's assets, liabilities, and equity, and the revenues and expenses from operations. Each company has its own separate books of account. Incumbent Independent Local Exchange Carrier (Incumbent Independent LEC). The term incumbent independent local exchange carrier means, with respect to an area, the independent local exchange carrier that: ( 1 ) On February 8, 1996, provided telephone exchange service in such area; and ( 2 ) ( i ) On February 8, 1996, was deemed to be a member of the exchange carrier association pursuant to § 69.601(b) of this title ; or ( ii ) Is a person or entity that, on or after February 8, 1996, became a successor or assign of a member described in paragraph (2)(i) of this section. The Commission may also, by rule, treat an independent local exchange carrier as an incumbent independent local exchange carrier pursuant to section 251(h)(2) of the Communications Act of 1934, as amended. Independent Local Exchange Carrier (Independent LEC). Independent local exchange carriers are local exchange carriers, including GTE, other than the BOCs. Independent Local Exchange Carrier Affiliate (Independent LEC Affiliate). An independent local exchange carrier affiliate is a carrier that is owned (in whole or in part) or controlled by, or under common ownership (in whole or in part) or control with, an independent local exchange carrier. In-region service. In-region service means telecommunications service originating in an independent local exchange carrier's local service areas or 800 service, private line service, or their equivalents that: ( 1 ) Terminate in the independent LEC's local exchange areas; and ( 2 ) Allow the called party to determine the interexchange carrier, even if the service originates outside the independent LEC's local exchange areas. Local Exchange Carrier. The term local exchange carrier means any person that is engaged in the provision of telephone exchange service or exchange access. Such term does not include a person insofar as such person is engaged in the provision of a commercial mobile service under section 332(c), except to the extent that the Commission finds that such service should be included in the definition of that term. [ 64 FR 44425 , Aug. 16, 1999] § 64.1903 Obligations of all incumbent independent local exchange carriers. ( a ) An incumbent independent LEC providing in-region, interstate, interexchange services or in-region international interexchange services shall provide such services through an affiliate that satisfies the following requirements: ( 1 ) The affiliate shall maintain separate books of account from its affiliated exchange companies. Nothing in this section requires the affiliate to maintain separate books of account that comply with part 32 of this title ; ( 2 ) The affiliate shall not jointly own transmission or switching facilities with its affiliated exchange companies. Nothing in this section prohibits an affiliate from sharing personnel or other resources or assets with an affiliated exchange company; and ( 3 ) The affiliate shall acquire any services from its affiliated exchange companies for which the affiliated exchange companies are required to file a tariff at tariffed rates, terms, and conditions. Nothing in this section shall prohibit the affiliate from acquiring any unbundled network elements or exchange services for the provision of a telecommunications service from its affiliated exchange companies, subject to the same terms and conditions as provided in an agreement approved under section 252 of the Communications Act of 1934, as amended. ( b ) Except as provided in paragraph (b)(1) of this section, the affiliate required in paragraph (a) of this section shall be a separate legal entity from its affiliated exchange companies. The affiliate may be staffed by personnel of its affiliated exchange companies, housed in existing offices of its affiliated exchange companies, and use its affiliated exchange companies' marketing and other services, subject to paragraph (a)(3) of this section. ( 1 ) For an incumbent independent LEC that provides in-region, interstate domestic interexchange services or in-region international interexchange services using no interexchange switching or transmission facilities or capability of the LEC's own (i.e., “independent LEC reseller,”) the affiliate required in paragraph (a) of this section may be a separate corporate division of such incumbent independent LEC. All other provisions of this Subpart applicable to an independent LEC affiliate shall continue to apply, as applicable, to such separate corporate division. ( 2 ) [Reserved] [ 64 FR 44425 , Aug. 16, 1999, as amended at 71 FR 65751 , Nov. 9, 2006] Subpart U—Privacy of Customer Information Source: 82 FR 44419 , Sept. 21, 2017, unless otherwise noted. § 64.2001 Basis and purpose. ( a ) Basis. The rules in this subpart are issued pursuant to the Communications Act of 1934, as amended. ( b ) Purpose. The purpose of the rules in this subpart is to implement section 222 of the Communications Act of 1934, as amended, 47 U.S.C. 222 . § 64.2003 Definitions. ( a ) Account information. “Account information” is information that is specifically connected to the customer's service relationship with the carrier, including such things as an account number or any component thereof, the telephone number associated with the account, or the bill's amount. ( b ) Address of record. An “address of record,” whether postal or electronic, is an address that the carrier has associated with the customer's account for at least 30 days. ( c ) Affiliate. The term “affiliate” has the same meaning given such term in section 3(1) of the Communications Act of 1934, as amended, 47 U.S.C. 153(1) . ( d ) Call detail information. Any information that pertains to the transmission of specific telephone calls, including, for outbound calls, the number called, and the time, location, or duration of any call and, for inbound calls, the number from which the call was placed, and the time, location, or duration of any call. ( e ) Communications-related services. The term “communications-related services” means telecommunications services, information services typically provided by telecommunications carriers, and services related to the provision or maintenance of customer premises equipment. ( f ) Customer. A customer of a telecommunications carrier is a person or entity to which the telecommunications carrier is currently providing service. ( g ) Customer proprietary network information (CPNI). The term “customer proprietary network information (CPNI)” has the same meaning given to such term in section 222(h)(1) of the Communications Act of 1934, as amended, 47 U.S.C. 222(h)(1) . ( h ) Customer premises equipment (CPE). The term “customer premises equipment (CPE)” has the same meaning given to such term in section 3(14) of the Communications Act of 1934, as amended, 47 U.S.C. 153(14) . ( i ) Information services typically provided by telecommunications carriers. The phrase “information services typically provided by telecommunications carriers” means only those information services (as defined in section 3(20) of the Communication Act of 1934, as amended, 47 U.S.C. 153(20) ) that are typically provided by telecommunications carriers, such as Internet access or voice mail services. Such phrase “information services typically provided by telecommunications carriers,” as used in this subpart, shall not include retail consumer services provided using Internet Web sites (such as travel reservation services or mortgage lending services), whether or not such services may otherwise be considered to be information services. ( j ) Local exchange carrier (LEC). The term “local exchange carrier (LEC)” has the same meaning given to such term in section 3(26) of the Communications Act of 1934, as amended, 47 U.S.C. 153(26) . ( k ) Opt-in approval. The term “opt-in approval” refers to a method for obtaining customer consent to use, disclose, or permit access to the customer's CPNI. This approval method requires that the carrier obtain from the customer affirmative, express consent allowing the requested CPNI usage, disclosure, or access after the customer is provided appropriate notification of the carrier's request consistent with the requirements set forth in this subpart. ( l ) Opt-out approval. The term “opt-out approval” refers to a method for obtaining customer consent to use, disclose, or permit access to the customer's CPNI. Under this approval method, a customer is deemed to have consented to the use, disclosure, or access to the customer's CPNI if the customer has failed to object thereto within the waiting period described in § 64.2008(d)(1) after the customer is provided appropriate notification of the carrier's request for consent consistent with the rules in this subpart. ( m ) Readily available biographical information. “Readily available biographical information” is information drawn from the customer's life history and includes such things as the customer's social security number, or the last four digits of that number; mother's maiden name; home address; or date of birth. ( n ) Subscriber list information (SLI). The term “subscriber list information (SLI)” has the same meaning given to such term in section 222(h)(3) of the Communications Act of 1934, as amended, 47 U.S.C. 222(h)(3) . ( o ) Telecommunications carrier or carrier. The terms “telecommunications carrier” or “carrier” shall have the same meaning as set forth in section 3(44) of the Communications Act of 1934, as amended, 47 U.S.C. 153(44) . For the purposes of this subpart, the term “telecommunications carrier” or “carrier” shall include an entity that provides interconnected VoIP service, as that term is defined in section 9.3 of these rules. ( p ) Telecommunications service. The term “telecommunications service” has the same meaning given to such term in section 3(46) of the Communications Act of 1934, as amended, 47 U.S.C. 153(46) . ( q ) Telephone number of record. The telephone number associated with the underlying service, not the telephone number supplied as a customer's “contact information.” ( r ) Valid photo ID. A “valid photo ID” is a government-issued means of personal identification with a photograph such as a driver's license, passport, or comparable ID that is not expired. § 64.2005 Use of customer proprietary network information without customer approval. ( a ) Any telecommunications carrier may use, disclose, or permit access to CPNI for the purpose of providing or marketing service offerings among the categories of service ( i.e., local, interexchange, and CMRS) to which the customer already subscribes from the same carrier, without customer approval. ( 1 ) If a telecommunications carrier provides different categories of service, and a customer subscribes to more than one category of service offered by the carrier, the carrier is permitted to share CPNI among the carrier's affiliated entities that provide a service offering to the customer. ( 2 ) If a telecommunications carrier provides different categories of service, but a customer does not subscribe to more than one offering by the carrier, the carrier is not permitted to share CPNI with its affiliates, except as provided in § 64.2007(b) . ( b ) A telecommunications carrier may not use, disclose, or permit access to CPNI to market to a customer service offerings that are within a category of service to which the subscriber does not already subscribe from that carrier, unless that carrier has customer approval to do so, except as described in paragraph (c) of this section. ( 1 ) A wireless provider may use, disclose, or permit access to CPNI derived from its provision of CMRS, without customer approval, for the provision of CPE and information service(s). A wireline carrier may use, disclose or permit access to CPNI derived from its provision of local exchange service or interexchange service, without customer approval, for the provision of CPE and call answering, voice mail or messaging, voice storage and retrieval services, fax store and forward, and protocol conversion. ( 2 ) A telecommunications carrier may not use, disclose or permit access to CPNI to identify or track customers that call competing service providers. For example, a local exchange carrier may not use local service CPNI to track all customers that call local service competitors. ( c ) A telecommunications carrier may use, disclose, or permit access to CPNI, without customer approval, as described in this paragraph (c) . ( 1 ) A telecommunications carrier may use, disclose, or permit access to CPNI, without customer approval, in its provision of inside wiring installation, maintenance, and repair services. ( 2 ) CMRS providers may use, disclose, or permit access to CPNI for the purpose of conducting research on the health effects of CMRS. ( 3 ) LECs, CMRS providers, and entities that provide interconnected VoIP service as that term is defined in § 9.3 of this chapter , may use CPNI, without customer approval, to market services formerly known as adjunct-to-basic services, such as, but not limited to, speed dialing, computer-provided directory assistance, call monitoring, call tracing, call blocking, call return, repeat dialing, call tracking, call waiting, caller I.D., call forwarding, and certain centrex features. ( d ) A telecommunications carrier may use, disclose, or permit access to CPNI to protect the rights or property of the carrier, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. § 64.2007 Approval required for use of customer proprietary network information. ( a ) A telecommunications carrier may obtain approval through written, oral or electronic methods. ( 1 ) A telecommunications carrier relying on oral approval shall bear the burden of demonstrating that such approval has been given in compliance with the Commission's rules in this part. ( 2 ) Approval or disapproval to use, disclose, or permit access to a customer's CPNI obtained by a telecommunications carrier must remain in effect until the customer revokes or limits such approval or disapproval. ( 3 ) A telecommunications carrier must maintain records of approval, whether oral, written or electronic, for at least one year. ( b ) Use of opt-out and opt-in approval processes. A telecommunications carrier may, subject to opt-out approval or opt-in approval, use its customer's individually identifiable CPNI for the purpose of marketing communications-related services to that customer. A telecommunications carrier may, subject to opt-out approval or opt-in approval, disclose its customer's individually identifiable CPNI, for the purpose of marketing communications-related services to that customer, to its agents and its affiliates that provide communications-related services. A telecommunications carrier may also permit such persons or entities to obtain access to such CPNI for such purposes. Except for use and disclosure of CPNI that is permitted without customer approval under § 64.2005 , or that is described in this paragraph, or as otherwise provided in section 222 of the Communications Act of 1934, as amended, a telecommunications carrier may only use, disclose, or permit access to its customer's individually identifiable CPNI subject to opt-in approval. § 64.2008 Notice required for use of customer proprietary network information. ( a ) Notification, generally. ( 1 ) Prior to any solicitation for customer approval, a telecommunications carrier must provide notification to the customer of the customer's right to restrict use of, disclosure of, and access to that customer's CPNI. ( 2 ) A telecommunications carrier must maintain records of notification, whether oral, written or electronic, for at least one year. ( b ) Individual notice to customers must be provided when soliciting approval to use, disclose, or permit access to customers' CPNI. ( c ) Content of notice. Customer notification must provide sufficient information to enable the customer to make an informed decision as to whether to permit a carrier to use, disclose, or permit access to, the customer's CPNI. ( 1 ) The notification must state that the customer has a right, and the carrier has a duty, under federal law, to protect the confidentiality of CPNI. ( 2 ) The notification must specify the types of information that constitute CPNI and the specific entities that will receive the CPNI, describe the purposes for which CPNI will be used, and inform the customer of his or her right to disapprove those uses, and deny or withdraw access to CPNI at any time. ( 3 ) The notification must advise the customer of the precise steps the customer must take in order to grant or deny access to CPNI, and must clearly state that a denial of approval will not affect the provision of any services to which the customer subscribes. However, carriers may provide a brief statement, in clear and neutral language, describing consequences directly resulting from the lack of access to CPNI. ( 4 ) The notification must be comprehensible and must not be misleading. ( 5 ) If written notification is provided, the notice must be clearly legible, use sufficiently large type, and be placed in an area so as to be readily apparent to a customer. ( 6 ) If any portion of a notification is translated into another language, then all portions of the notification must be translated into that language. ( 7 ) A carrier may state in the notification that the customer's approval to use CPNI may enhance the carrier's ability to offer products and services tailored to the customer's needs. A carrier also may state in the notification that it may be compelled to disclose CPNI to any person upon affirmative written request by the customer. ( 8 ) A carrier may not include in the notification any statement attempting to encourage a customer to freeze third-party access to CPNI. ( 9 ) The notification must state that any approval, or denial of approval for the use of CPNI outside of the service to which the customer already subscribes from that carrier is valid until the customer affirmatively revokes or limits such approval or denial. ( 10 ) A telecommunications carrier's solicitation for approval must be proximate to the notification of a customer's CPNI rights. ( d ) Notice requirements specific to opt-out. A telecommunications carrier must provide notification to obtain opt out approval through electronic or written methods, but not by oral communication (except as provided in paragraph (f) of this section). The contents of any such notification must comply with the requirements of paragraph (c) of this section. ( 1 ) Carriers must wait a 30-day minimum period of time after giving customers notice and an opportunity to opt-out before assuming customer approval to use, disclose, or permit access to CPNI. A carrier may, in its discretion, provide for a longer period. Carriers must notify customers as to the applicable waiting period for a response before approval is assumed. ( i ) In the case of an electronic form of notification, the waiting period shall begin to run from the date on which the notification was sent; and ( ii ) In the case of notification by mail, the waiting period shall begin to run on the third day following the date that the notification was mailed. ( 2 ) Carriers using the opt-out mechanism must provide notices to their customers every two years. ( 3 ) Telecommunications carriers that use email to provide opt-out notices must comply with the following requirements in addition to the requirements generally applicable to notification: ( i ) Carriers must obtain express, verifiable, prior approval from consumers to send notices via email regarding their service in general, or CPNI in particular; ( ii ) Carriers must allow customers to reply directly to emails containing CPNI notices in order to opt-out; ( iii ) Opt-out email notices that are returned to the carrier as undeliverable must be sent to the customer in another form before carriers may consider the customer to have received notice; ( iv ) Carriers that use email to send CPNI notices must ensure that the subject line of the message clearly and accurately identifies the subject matter of the email; and ( v ) Telecommunications carriers must make available to every customer a method to opt-out that is of no additional cost to the customer and that is available 24 hours a day, seven days a week. Carriers may satisfy this requirement through a combination of methods, so long as all customers have the ability to opt-out at no cost and are able to effectuate that choice whenever they choose. ( e ) Notice requirements specific to opt-in. A telecommunications carrier may provide notification to obtain opt-in approval through oral, written, or electronic methods. The contents of any such notification must comply with the requirements of paragraph (c) of this section. ( f ) Notice requirements specific to one-time use of CPNI. ( 1 ) Carriers may use oral notice to obtain limited, one-time use of CPNI for inbound and outbound customer telephone contacts for the duration of the call, regardless of whether carriers use opt-out or opt-in approval based on the nature of the contact. ( 2 ) The contents of any such notification must comply with the requirements of paragraph (c) of this section, except that telecommunications carriers may omit any of the following notice provisions if not relevant to the limited use for which the carrier seeks CPNI: ( i ) Carriers need not advise customers that if they have opted-out previously, no action is needed to maintain the opt-out election; ( ii ) Carriers need not advise customers that they may share CPNI with their affiliates or third parties and need not name those entities, if the limited CPNI usage will not result in use by, or disclosure to, an affiliate or third party; ( iii ) Carriers need not disclose the means by which a customer can deny or withdraw future access to CPNI, so long as carriers explain to customers that the scope of the approval the carrier seeks is limited to one-time use; and ( iv ) Carriers may omit disclosure of the precise steps a customer must take in order to grant or deny access to CPNI, as long as the carrier clearly communicates that the customer can deny access to his CPNI for the call. § 64.2009 Safeguards required for use of customer proprietary network information. ( a ) Telecommunications carriers must implement a system by which the status of a customer's CPNI approval can be clearly established prior to the use of CPNI. ( b ) Telecommunications carriers must train their personnel as to when they are and are not authorized to use CPNI, and carriers must have an express disciplinary process in place. ( c ) All carriers shall maintain a record, electronically or in some other manner, of their own and their affiliates' sales and marketing campaigns that use their customers' CPNI. All carriers shall maintain a record of all instances where CPNI was disclosed or provided to third parties, or where third parties were allowed access to CPNI. The record must include a description of each campaign, the specific CPNI that was used in the campaign, and what products and services were offered as a part of the campaign. Carriers shall retain the record for a minimum of one year. ( d ) Telecommunications carriers must establish a supervisory review process regarding carrier compliance with the rules in this subpart for outbound marketing situations and maintain records of carrier compliance for a minimum period of one year. Specifically, sales personnel must obtain supervisory approval of any proposed outbound marketing request for customer approval. ( e ) A telecommunications carrier must have an officer, as an agent of the carrier, sign and file with the Commission a compliance certificate on an annual basis. The officer must state in the certification that he or she has personal knowledge that the company has established operating procedures that are adequate to ensure compliance with the rules in this subpart. The carrier must provide a statement accompanying the certificate explaining how its operating procedures ensure that it is or is not in compliance with the rules in this subpart. In addition, the carrier must include an explanation of any actions taken against data brokers and a summary of all customer complaints received in the past year concerning the unauthorized release of CPNI. This filing must be made annually with the Enforcement Bureau on or before March 1 in EB Docket No. 06-36, for data pertaining to the previous calendar year. ( f ) Carriers must provide written notice within five business days to the Commission of any instance where the opt-out mechanisms do not work properly, to such a degree that consumers' inability to opt-out is more than an anomaly. ( 1 ) The notice shall be in the form of a letter, and shall include the carrier's name, a description of the opt-out mechanism(s) used, the problem(s) experienced, the remedy proposed and when it will be/was implemented, whether the relevant state commission(s) has been notified and whether it has taken any action, a copy of the notice provided to customers, and contact information. ( 2 ) Such notice must be submitted even if the carrier offers other methods by which consumers may opt-out. § 64.2010 Safeguards on the disclosure of customer proprietary network information. Cross Reference Link to a delay published at 88 FR 85814 , Dec. 8, 2023. Cross Reference Link to a correction published at 88 FR 88261 , Dec. 21, 2023. ( a ) Safeguarding CPNI. Telecommunications carriers must take reasonable measures to discover and protect against attempts to gain unauthorized access to CPNI. Telecommunications carriers must properly authenticate a customer prior to disclosing CPNI based on customer-initiated telephone contact, online account access, or an in-store visit. ( b ) Telephone access to CPNI. Telecommunications carriers may only disclose call detail information over the telephone, based on customer-initiated telephone contact, if the customer first provides the carrier with a password, as described in paragraph (e) of this section, that is not prompted by the carrier asking for readily available biographical information, or account information. If the customer does not provide a password, the telecommunications carrier may only disclose call detail information by sending it to the customer's address of record, or by calling the customer at the telephone number of record. If the customer is able to provide call detail information to the telecommunications carrier during a customer-initiated call without the telecommunications carrier's assistance, then the telecommunications carrier is permitted to discuss the call detail information provided by the customer. ( c ) Online access to CPNI. A telecommunications carrier must authenticate a customer without the use of readily available biographical information, or account information, prior to allowing the customer online access to CPNI related to a telecommunications service account. Once authenticated, the customer may only obtain online access to CPNI related to a telecommunications service account through a password, as described in paragraph (e) of this section, that is not prompted by the carrier asking for readily available biographical information, or account information. ( d ) In-store access to CPNI. A telecommunications carrier may disclose CPNI to a customer who, at a carrier's retail location, first presents to the telecommunications carrier or its agent a valid photo ID matching the customer's account information. ( e ) Establishment of a password and back-up authentication methods for lost or forgotten passwords. To establish a password, a telecommunications carrier must authenticate the customer without the use of readily available biographical information, or account information. Telecommunications carriers may create a back-up customer authentication method in the event of a lost or forgotten password, but such back-up customer authentication method may not prompt the customer for readily available biographical information, or account information. If a customer cannot provide the correct password or the correct response for the back-up customer authentication method, the customer must establish a new password as described in this paragraph. ( f ) Notification of account changes. ( 1 ) Telecommunications carriers must notify customers immediately whenever a password, customer response to a back-up means of authentication for lost or forgotten password, online account, or address of record is created or changed. This notification is not required when the customer initiates service, including the selection of a password at service initiation. This notification may be through a carrier-originated voicemail or text message to the telephone number of record, or by mail to the address of record, and must not reveal the changed information or be sent to the new account information. ( 2 ) Beginning on July 15, 2024, paragraph (f)(1) of this section does not apply to a change made in connection with a line separation request under 47 U.S.C. 345 and subpart II of this part . ( g ) Business customer exemption. Telecommunications carriers may bind themselves contractually to authentication regimes other than those described in this section for services they provide to their business customers that have both a dedicated account representative and a contract that specifically addresses the carriers' protection of CPNI. ( h ) Subscriber Identity Module (SIM) changes. A provider of commercial mobile radio service (CMRS), as defined in 47 CFR 20.3 , including resellers of wireless service, shall only effectuate SIM change requests in accordance with this section. For purposes of this section, SIM means a physical or virtual card associated with a device that stores unique information that can be identified to a specific mobile network. ( 1 ) Customer authentication. A CMRS provider shall use secure methods to authenticate a customer that are reasonably designed to confirm the customer's identity before executing a SIM change request, except to the extent otherwise required by 47 U.S.C. 345 (Safe Connections Act of 2022) or subpart II of this part . Authentication methods shall not rely on readily available biographical information, account information, recent payment information, or call detail information unless otherwise permitted under 47 U.S.C. 345 or subpart II of this part . A CMRS provider shall regularly, but not less than annually, review and, as necessary, update its customer authentication methods to ensure that its authentication methods continue to be secure. A CMRS provider shall establish safeguards and processes so that employees who receive inbound customer communications are unable to access CPNI in the course of that customer interaction until after the customer has been properly authenticated. ( 2 ) - ( 6 ) [Reserved] ( 7 ) Employee training. A CMRS provider shall develop and implement training for employees to specifically address fraudulent SIM change attempts, complaints, and remediation. Training shall include, at a minimum, how to identify potentially fraudulent SIM change requests, how to identify when a customer may be the victim of SIM swap fraud, and how to direct potential victims and individuals making potentially fraudulent requests to employees specifically trained to handle such incidents. ( 8 ) [Reserved] ( 9 ) Compliance. This paragraph (h) contains information-collection and/or recordkeeping requirements. Compliance with this paragraph (h) will not be required until this paragraph is removed or contains a compliance date. [ 82 FR 44419 , Sept. 21, 2017, as amended at 88 FR 85814 , Dec. 8, 2023; 88 FR 84448 , Dec. 5, 2023; 88 FR 88261 , Dec. 21, 2023; 89 FR 47870 , June 4, 2024] § 64.2011 Notification of customer proprietary network information security breaches. Cross Reference Link to an amendment published at 89 FR 10002 , Feb. 12, 2024. ( a ) A telecommunications carrier shall notify law enforcement of a breach of its customers' CPNI as provided in this section. The carrier shall not notify its customers or disclose the breach publicly, whether voluntarily or under state or local law or these rules, until it has completed the process of notifying law enforcement pursuant to paragraph (b) of this section. ( b ) As soon as practicable, and in no event later than seven (7) business days, after reasonable determination of the breach, the telecommunications carrier shall electronically notify the United States Secret Service (USSS) and the Federal Bureau of Investigation (FBI) through a central reporting facility. The Commission will maintain a link to the reporting facility at http://www.fcc.gov/eb/cpni . ( 1 ) Notwithstanding any state law to the contrary, the carrier shall not notify customers or disclose the breach to the public until 7 full business days have passed after notification to the USSS and the FBI except as provided in paragraphs (b)(2) and (b)(3) of this section. ( 2 ) If the carrier believes that there is an extraordinarily urgent need to notify any class of affected customers sooner than otherwise allowed under paragraph (b)(1) of this section, in order to avoid immediate and irreparable harm, it shall so indicate in its notification and may proceed to immediately notify its affected customers only after consultation with the relevant investigating agency. The carrier shall cooperate with the relevant investigating agency's request to minimize any adverse effects of such customer notification. ( 3 ) If the relevant investigating agency determines that public disclosure or notice to customers would impede or compromise an ongoing or potential criminal investigation or national security, such agency may direct the carrier not to so disclose or notify for an initial period of up to 30 days. Such period may be extended by the agency as reasonably necessary in the judgment of the agency. If such direction is given, the agency shall notify the carrier when it appears that public disclosure or notice to affected customers will no longer impede or compromise a criminal investigation or national security. The agency shall provide in writing its initial direction to the carrier, any subsequent extension, and any notification that notice will no longer impede or compromise a criminal investigation or national security and such writings shall be contemporaneously logged on the same reporting facility that contains records of notifications filed by carriers. ( c ) Customer notification. After a telecommunications carrier has completed the process of notifying law enforcement pursuant to paragraph (b) of this section, it shall notify its customers of a breach of those customers' CPNI. ( d ) Recordkeeping. All carriers shall maintain a record, electronically or in some other manner, of any breaches discovered, notifications made to the USSS and the FBI pursuant to paragraph (b) of this section, and notifications made to customers. The record must include, if available, dates of discovery and notification, a detailed description of the CPNI that was the subject of the breach, and the circumstances of the breach. Carriers shall retain the record for a minimum of 2 years. ( e ) Definitions. As used in this section, a “breach” has occurred when a person, without authorization or exceeding authorization, has intentionally gained access to, used, or disclosed CPNI. ( f ) This section does not supersede any statute, regulation, order, or interpretation in any State, except to the extent that such statute, regulation, order, or interpretation is inconsistent with the provisions of this section, and then only to the extent of the inconsistency. Subpart V—Rural Call Completion Source: 78 FR 76239 , Dec. 17, 2013, unless otherwise noted. § 64.2101 Definitions. For purposes of this subpart, the following definitions will apply: Affiliate. The term “affiliate” has the same meaning as in 47 U.S.C. 153(2) . Call attempt. The term “call attempt” means a call that results in transmission by the covered provider toward an incumbent local exchange carrier (LEC) of the initial call setup message, regardless of the voice call signaling and transmission technology used. Covered provider. The term “covered provider” means a provider of long-distance voice service that makes the initial long-distance call path choice for more than 100,000 domestic retail subscriber lines, counting the total of all business and residential fixed subscriber lines and mobile phones and aggregated over all of the providers' affiliates. A covered provider may be a local exchange carrier as defined in § 64.4001(e) , an interexchange carrier as defined in § 64.4001(d) , a provider of commercial mobile radio service as defined in § 20.3 of this chapter , a provider of interconnected voice over Internet Protocol (VoIP) service as defined in 47 U.S.C. 153(25) , or a provider of non-interconnected VoIP service as defined in 47 U.S.C. 153(36) to the extent such a provider offers the capability to place calls to the public switched telephone network. Covered voice communication. The term “covered voice communication” means a voice communication (including any related signaling information) that is generated— ( 1 ) From the placement of a call from a connection using a North American Numbering Plan resource or a call placed to a connection using such a numbering resource; and ( 2 ) Through any service provided by a covered provider. Initial long-distance call path choice. The term “initial long-distance call path choice” means the static or dynamic selection of the path for a long-distance call based on the called number of the individual call. Intermediate provider. The term “intermediate provider” means any entity that— ( 1 ) Enters into a business arrangement with a covered provider or other intermediate provider for the specific purpose of carrying, routing, or transmitting voice traffic that is generated from the placement of a call placed— ( i ) From an end user connection using a North American Numbering Plan resource; or ( ii ) To an end user connection using such a numbering resource; and ( 2 ) Does not itself, either directly or in conjunction with an affiliate, serve as a covered provider in the context of originating or terminating a given call. Long-distance voice service. For purposes of subparts V and W, the term “long-distance voice service” includes interstate interLATA, intrastate interLATA, interstate interexchange, intrastate interexchange, intraLATA toll, inter-MTA interstate and inter-MTA intrastate voice services. Operating company number (OCN). The term “operating company number” means a four-place alphanumeric code that uniquely identifies a local exchange carrier. Rural OCN. The term “rural OCN” means an operating company number that uniquely identifies an incumbent LEC (as defined in § 51.5 of this chapter ) that is a rural telephone company (as defined in § 51.5 of this chapter ). The term “nonrural OCN” means an operating company number that uniquely identifies an incumbent LEC (as defined in § 51.5 of this chapter ) that is not a rural telephone company (as defined in § 51.5 of this chapter ). We direct NECA to update the lists of rural and nonrural OCNs annually and provide them to the Wireline Competition Bureau in time for the Bureau to publish the lists no later than November 15. These lists will be the definitive lists of rural OCNs and nonrural OCNs for purposes of this subpart for the following calendar year. Rural telephone company. The term “rural telephone company” shall have the same meaning as in § 51.5 of this chapter . [ 78 FR 76239 , Dec. 17, 2013, as amended at 79 FR 73227 , Dec. 10, 2014; 80 FR 1007 , Jan. 8, 2015; 82 FR 19615 , Apr. 28, 2017; 83 FR 21737 , May 10, 2018; 83 FR 47308 , Sept. 19, 2018] § 64.2103 Retention of call attempt records. ( a ) Except as described in § 64.2107 , each covered provider shall record and retain information about each call attempt to a rural OCN from subscriber lines for which the covered provider makes the initial long-distance call path choice in a readily retrievable form for a period that includes the six most recent complete calendar months. ( b ) Affiliated covered providers may record and retain the information required by this rule individually or in the aggregate. ( c ) A call attempt that is returned by an intermediate provider to the covered provider and reassigned shall count as a single call attempt. ( d ) Call attempts to toll-free numbers, as defined in § 52.101(f) of this chapter , are excluded from these requirements. ( e ) IntraLATA toll calls carried entirely over the covered provider's network or handed off by the covered provider directly to the terminating local exchange carrier or directly to the tandem switch serving the terminating local exchange carrier's end office (terminating tandem), are excluded from these requirements. ( f ) The information contained in each record shall include: ( 1 ) The calling party number; ( 2 ) The called party number; ( 3 ) The date; ( 4 ) The time; ( 5 ) An indication whether the call attempt was handed off to an intermediate provider or not and, if so, which intermediate provider; ( 6 ) The rural OCN associated with the called party number; ( 7 ) An indication whether the call attempt was interstate or intrastate; ( 8 ) An indication whether the call attempt was answered, which may take the form of an SS7 signaling cause code or SIP signaling message code associated with each call attempt; and ( 9 ) An indication whether the call attempt was completed to the incumbent local exchange carrier but signaled as busy, ring no answer, or unassigned number. This indication may take the form of an SS7 signaling cause code or SIP signaling message code associated with each call attempt. ( g ) The provisions of this section shall expire on September 15, 2020. [ 78 FR 76239 , Dec. 17, 2013, as amended at 79 FR 73227 , Dec. 10, 2014; 82 FR 11594 , Mar. 4, 2015; 82 FR 19615 , Apr. 28, 2017; 84 FR 25706 , June 4, 2019] § 64.2105 [Reserved] § 64.2107 Reduced recording and retention requirements for qualifying providers under the Safe Harbor. ( a ) ( 1 ) A covered provider may reduce its recording and retention requirements under § 64.2103 if it files one of the following certifications, signed by an officer or director of the covered provider regarding the accuracy and completeness of the information provided, in WC Docket No. 13-39. I ___ (name), ___ (title), an officer of ___ (entity), certify that___ (entity) uses no intermediate providers; or I ___ (name), ___ (title), an officer of ___ (entity), certify that___ (entity) restricts by contract any intermediate provider to which a call is directed by ___ (entity) from permitting more than one additional intermediate provider in the call path before the call reaches the terminating provider or terminating tandem. I certify that any nondisclosure agreement with an intermediate provider permits ___ (entity) to reveal the identity of the intermediate provider and any additional intermediate provider to the Commission and to the rural incumbent local exchange carrier(s) whose incoming long-distance calls are affected by the intermediate provider's performance. I certify that ___ (entity) has a process in place to monitor the performance of its intermediate providers. ( 2 ) Covered providers that file the second certification must describe the process they have in place to monitor the performance of their intermediate providers. ( b ) A covered provider that meets the requirements described in paragraph (a) of this section must comply with the data retention requirements in § 64.2103 for a period that includes only the three most recent complete calendar months, so long as it continues to meet the requirements of paragraph (a) of this section. A covered provider that ceases to meet the requirements described in paragraph (a) of this must immediately begin retaining data for six months, as required by § 64.2103 . ( c ) Affiliated covered providers may meet the requirements of paragraph (a) of this section individually or in the aggregate. ( d ) The provisions of this section shall expire on September 15, 2020. [ 78 FR 76239 , Dec. 17, 2013, as amended at 80 FR 11594 , Mar. 4, 2015; 82 FR 19615 , Apr. 28, 2017; 83 FR 21737 , May 10, 2018; 84 FR 25706 , June, 4, 2019] § 64.2109 Safe harbor from intermediate provider service quality standards. ( a ) ( 1 ) A covered provider may qualify as a safe harbor provider under this subpart if it files, in WC Docket No. 13-39, one of the following certifications, signed under penalty of perjury by an officer or director of the covered provider regarding the accuracy and completeness of the information provided: “I ___(name), ____(title), an officer of ____(entity), certify that ____(entity) uses no intermediate providers;” or “I ____(name), ____(title), an officer of ____(entity), certify that ____(entity) restricts by contract any intermediate provider to which a call is directed by ____(entity) from permitting more than one additional intermediate provider in the call path before the call reaches the terminating provider or terminating tandem. I certify that any nondisclosure agreement with an intermediate provider permits ____(entity) to reveal the identity of the intermediate provider and any additional intermediate provider to the Commission and to the rural incumbent local exchange carrier(s) whose incoming long-distance calls are affected by the intermediate provider's performance. I certify that ____(entity) has a process in place to monitor the performance of its intermediate providers.” ( 2 ) The certification in paragraph (a)(1) of this section must be submitted: ( i ) For the first time on or before February 26, 2019; and ( ii ) Annually thereafter. ( b ) The requirements of § 64.2119 shall not apply to intermediate provider traffic transmitted by safe harbor qualifying covered providers functioning as intermediate providers. [ 84 FR 25706 , June 4, 2019] § 64.2111 Covered provider rural call completion practices. For each intermediate provider with which it contracts, a covered provider shall: ( a ) Monitor the intermediate provider's performance in the completion of call attempts to rural telephone companies from subscriber lines for which the covered provider makes the initial long-distance call path choice; and ( b ) Based on the results of such monitoring, take steps that are reasonably calculated to correct any identified performance problem with the intermediate provider, including removing the intermediate provider from a particular route after sustained inadequate performance. [ 83 FR 21737 , May 10, 2018] § 64.2113 Covered provider point of contact. Covered providers shall make publicly available contact information for the receipt and handling of rural call completion issues. Covered providers must designate a telephone number and email address for the express purpose of receiving and responding to any rural call completion issues. Covered providers shall include this information on their websites, and the required contact information must be easy to find and use. Covered providers shall keep this information current and update it to reflect any changes within ten (10) business days. Covered providers shall ensure that any staff reachable through this contact information has the technical capability to promptly respond to and address rural call completion issues. Covered providers must respond to communications regarding rural call completion issues via the contact information required under this rule as soon as reasonably practicable and, under ordinary circumstances, within a single business day. [ 83 FR 21738 , May 10, 2018] § 64.2115 Registration of Intermediate Providers. ( a ) Registration. An intermediate provider that offers or holds itself out as offering the capability to transmit covered voice communications from one destination to another and that charges any rate to any other entity (including an affiliated entity) for the transmission shall register with the Commission in accordance with this section. The intermediate provider shall provide the following information in its registration: ( 1 ) The intermediate provider's business name(s) and primary address; ( 2 ) The name(s), telephone number(s), email address(es), and business address(es) of the intermediate provider's regulatory contact and/or designated agent for service of process; ( 3 ) All business names that the intermediate provider has used in the past; ( 4 ) The state(s) in which the intermediate provider provides service; ( 5 ) The name, title, business address, telephone number, and email address of at least one person as well as the department within the company responsible for addressing rural call completion issues, and; ( 6 ) The name(s), business address, and business telephone number(s) for an executive leadership contact, such as the chief executive officer, chief operating officer, or owner(s) of the intermediate provider, or persons performing an equivalent function, who directs or manages the entity. ( b ) Submission of registration. An intermediate provider that is subject to the registration requirement in paragraph (a) of this section shall submit the information described therein to the intermediate provider registry on the Commission's website. The registration shall be made under penalty of perjury. ( c ) Changes in information. An intermediate provider must update its submission to the intermediate provider registry on the Commission's website within 10 business days of any change to the information it must provide pursuant to paragraph (a) of this section. [ 83 FR 47308 , Sept. 19, 2018] § 64.2117 Use of Registered Intermediate Providers. ( a ) Prohibition on use of unregistered intermediate providers. A covered provider shall not use an intermediate provider to carry, route, or transmit covered voice communications unless such intermediate provider is registered pursuant to section 64.2115 of this subpart . ( b ) Force majeure exemption. ( 1 ) If, due to a force majeure for which a covered provider has instituted a disaster recovery plan, there are no registered intermediate providers available to carry, route, or transmit covered voice communications, a covered provider need not comply with paragraph (a) of this section for a period of up to 180 days with respect to those covered voice communications. A covered provider shall submit to the Commission a certification, signed by a corporate officer or official with authority to bind the corporation, and knowledge of the details of the covered provider's inability to comply with our rules, explaining the circumstances justifying an exemption under this section as soon as practicable. ( 2 ) A covered provider seeking an extension of the exemption described in paragraph (b)(1) of this section must submit a request for an extension of the exemption period to the Commission. Such an extension request shall, at minimum, include a status report on the covered provider's attempts to comply with paragraph (a) of this section; and a statement detailing how the covered provider intends to ensure that calls are completed notwithstanding the unavailability of registered intermediate providers. ( 3 ) For purposes of this section, “ force majeure” means a highly disruptive event beyond the control of the covered provider, such as a natural disaster or a terrorist attack. ( 4 ) For purposes of this section, “disaster recovery plan” means a disaster response plan developed by the covered provider for the purpose of responding to a force majeure event. [ 83 FR 47309 , Sept. 19, 2018] § 64.2119 Intermediate provider service quality standards. Any intermediate provider that offers or holds itself out as offering the capability to transmit covered voice communications from one destination to another and that charges any rate to any other entity (including an affiliated entity) for the transmission must abide by the following service quality standards: ( a ) Duty to complete calls. Intermediate providers must take steps reasonably calculated to ensure that all covered voice communications that traverse their networks are delivered to their destination. An intermediate provider may violate this duty to complete calls if it knows, or should know, that calls are not being completed to certain areas, and it engages in acts or omissions that allow, or effectively allow, these conditions to persist. ( b ) Rural call completion performance monitoring. For each intermediate provider with which it contracts, an intermediate provider shall: ( 1 ) Monitor the intermediate provider's performance in the completion of call attempts to rural telephone companies; and ( 2 ) Based on the results of such monitoring, take steps that are reasonably calculated to correct any identified performance problem with the intermediate provider, including removing that provider for sustained poor performance. ( c ) Registration of subsequent intermediate providers. Intermediate providers shall ensure that any additional intermediate providers to which they hand off calls are registered with the Commission pursuant to § 64.2115 . [ 84 FR 25706 , June 4, 2019] Subpart W—Ring Signaling Integrity Source: 78 FR 76241 , Dec. 17, 2013, unless otherwise noted. § 64.2201 Ringing indication requirements. ( a ) A long-distance voice service provider shall not convey a ringing indication to the calling party until the terminating provider has signaled that the called party is being alerted to an incoming call, such as by ringing. ( 1 ) If the terminating provider signals that the called party is being alerted and provides an audio tone or announcement, originating providers must cease any locally generated audible tone or announcement and convey the terminating provider's tone or announcement to the calling party. ( 2 ) The requirements in this paragraph apply to all voice call signaling and transmission technologies and to all long-distance voice service providers, including local exchange carriers as defined in § 64.4001(e) , interexchange carriers as defined in § 64.4001(d) , providers of commercial mobile radio service as defined in § 20.3 of this chapter , providers of interconnected voice over Internet Protocol (VoIP) service as defined in 47 U.S.C. 153(25) , and providers of non-interconnected VoIP service as defined in 47 U.S.C. 153(36) to the extent such providers offer the capability to place calls to or receive calls from the public switched telephone network. ( b ) Intermediate providers must return unaltered to providers in the call path any signaling information that indicates that the terminating provider is alerting the called party, such as by ringing. ( 1 ) An intermediate provider may not generate signaling information that indicates the terminating provider is alerting the called party. An intermediate provider must pass the signaling information indicating that the called party is being alerted unaltered to subsequent providers in the call path. ( 2 ) Intermediate providers must also return unaltered any audio tone or announcement provided by the terminating provider. ( 3 ) In this section, the term “intermediate provider” has the same meaning as in § 64.1600(f) . ( 4 ) The requirements in this section apply to all voice call signaling and transmission technologies. ( c ) The requirements in paragraphs (a) and (b) of this section apply to both interstate and intrastate calls, as well as to both originating and terminating international calls while they are within the United States. Subpart X—Subscriber List Information Source: 64 FR 53947 , Oct. 5, 2000, unless otherwise noted. § 64.2301 Basis and purpose. ( a ) Basis. These rules are issued pursuant to the Communications Act of 1934, as amended. ( b ) Purpose. The purpose of these rules is to implement section 222(e) of the Communications Act of 1934, as amended, 47 U.S.C. 222 . Section 222(e) requires that “a telecommunications carrier that provides telephone exchange service shall provide subscriber list information gathered in its capacity as a provider of such service on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions, to any person upon request for the purpose of publishing directories in any format.” § 64.2305 Definitions. Terms used in this subpart have the following meanings: ( a ) Base file subscriber list information. A directory publisher requests base file subscriber list information when the publisher requests, as of a given date, all of a carrier's subscriber list information that the publisher wishes to include in one or more directories. ( b ) Business subscriber. Business subscriber refers to a subscriber to telephone exchange service for businesses. ( c ) Primary advertising classification. A primary advertising classification is the principal business heading under which a subscriber to telephone exchange service for businesses chooses to be listed in the yellow pages, if the carrier either assigns that heading or is obligated to provide yellow pages listings as part of telephone exchange service to businesses. In other circumstances, a primary advertising classification is the classification of a subscriber to telephone exchange service as a business subscriber. ( d ) Residential subscriber. Residential subscriber refers to a subscriber to telephone exchange service that is not a business subscriber. ( e ) Subscriber list information. Subscriber list information is any information: ( 1 ) Identifying the listed names of subscribers of a carrier and such subscribers' telephone numbers, addresses, or primary advertising classifications (as such classifications are assigned at the time of the establishment of such service), or any combination of such listed names, numbers, addresses, or classifications; and ( 2 ) That the carrier or an affiliate has published, caused to be published, or accepted for publication in any directory format. ( f ) Telecommunications carrier. A telecommunications carrier is any provider of telecommunications services, except that such term does not include aggregators of telecommunications services (as defined in 47 U.S.C. 226(a)(2) ). ( g ) Telephone exchange service. Telephone exchange service means: ( 1 ) Service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge, or ( B ) Comparable service provided through a system of switches, transmission equipment, or other facilities (or combination thereof) by which a subscriber can originate and terminate a telecommunications service. ( h ) Updated subscriber list information. A directory publisher requests updated subscriber list information when the publisher requests changes to all or any part of a carrier's subscriber list information occurring between specified dates. § 64.2309 Provision of subscriber list information. ( a ) A telecommunications carrier that provides telephone exchange service shall provide subscriber list information gathered in its capacity as a provider of such service on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions, to any person upon request for the purpose of publishing directories in any format. ( b ) The obligation under paragraph (a) to provide a particular telephone subscriber's subscriber list information extends only to the carrier that provides that subscriber with telephone exchange service. § 64.2313 Timely basis. ( a ) For purposes of § 64.2309 , a telecommunications carrier provides subscriber list information on a timely basis only if the carrier provides the requested information to the requesting directory publisher either: ( 1 ) At the time at which, or according to the schedule under which, the directory publisher requests that the subscriber list information be provided; ( 2 ) When the carrier does not receive at least thirty days advance notice of the time the directory publisher requests that subscriber list information be provided, on the first business day that is at least thirty days from date the carrier receives that request; or ( 3 ) At a time determined in accordance with paragraph (b) of this section. ( b ) If a carrier's internal systems do not permit the carrier to provide subscriber list information within either of the time frames specified in paragraph (a)(1) of this section, the carrier shall: ( 1 ) Within thirty days of receiving the publisher's request, inform the directory publisher that the requested schedule cannot be accommodated and tell the directory publisher which schedules can be accommodated; and ( 2 ) Adhere to the schedule the directory publisher chooses from among the available schedules. § 64.2317 Unbundled basis. ( a ) A directory publisher may request that a carrier unbundle subscriber list information on any basis for the purpose of publishing one or more directories. ( b ) For purposes of § 64.2309 , a telecommunications carrier provides subscriber list information on an unbundled basis only if the carrier provides: ( 1 ) The listings the directory publisher requests and no other listings, products, or services; or ( 2 ) Subscriber list information on a basis determined in accordance with paragraph (c) of this section. ( c ) If the carrier's internal systems do not permit it unbundle subscriber list information on the basis a directory publisher requests, the carrier must: ( 1 ) Within thirty days of receiving the publisher's request, inform the directory publisher that it cannot unbundle subscriber list information on the requested basis and tell the directory publisher the bases on which the carrier can unbundle subscriber list information; and ( 2 ) In accordance with paragraph (d) of this section, provide subscriber list information to the directory publisher unbundled on the basis the directory publisher chooses from among the available bases. ( d ) If a carrier provides a directory publisher listings in addition to those the directory publisher requests, the carrier may impose charges for, and the directory publisher may publish, only the requested listings. ( e ) A carrier must not require directory publishers to purchase any product or service other than subscriber list information as a condition of obtaining subscriber list information. § 64.2321 Nondiscriminatory rates, terms, and conditions. For purposes of § 64.2309 , a telecommunications carrier provides subscriber list information under nondiscriminatory rates, terms, and conditions only if the carrier provides subscriber list information gathered in its capacity as a provider of telephone exchange service to a requesting directory publisher at the same rates, terms, and conditions that the carrier provides the information to its own directory publishing operation, its directory publishing affiliate, or other directory publishers. § 64.2325 Reasonable rates, terms, and conditions. ( a ) For purposes of § 64.2309 , a telecommunications carrier will be presumed to provide subscriber list information under reasonable rates if its rates are no more than $0.04 a listing for base file subscriber list information and no more than $0.06 a listing for updated subscriber list information. ( b ) For purposes of § 64.2309 , a telecommunications carrier provides subscriber list information under reasonable terms and conditions only if the carrier does not restrict a directory publisher's choice of directory format. § 64.2329 Format. ( a ) A carrier shall provide subscriber list information obtained in its capacity as a provider of telephone exchange service to a requesting directory publisher in the format the publisher specifies, if the carrier's internal systems can accommodate that format. ( b ) If a carrier's internal systems do not permit the carrier to provide subscriber list information in the format the directory publisher specifies, the carrier shall: ( 1 ) Within thirty days of receiving the publisher's request, inform the directory publisher that the requested format cannot be accommodated and tell the directory publisher which formats can be accommodated; and ( 2 ) Provide the requested subscriber list information in the format the directory publisher chooses from among the available formats. § 64.2333 Burden of proof. ( a ) In any future proceeding arising under section 222(e) of the Communications Act or § 64.2309 , the burden of proof will be on the carrier to the extent it claims its internal subscriber list information systems cannot accommodate the delivery time, delivery schedule, unbundling level, or format requested by a directory publisher. ( b ) In any future proceeding arising under section 222(e) of the Communications Act or § 64.2309 , the burden of proof will be on the carrier to the extent it seeks a rate exceeding $0.04 per listing for base file subscriber list information or $0.06 per listing for updated subscriber list information. § 64.2337 Directory publishing purposes. ( a ) Except to the extent the carrier and directory publisher otherwise agree, a directory publisher shall use subscriber list information obtained pursuant to section 222(e) of the Communications Act or § 64.2309 only for the purpose of publishing directories. ( b ) A directory publisher uses subscriber list information “for the purpose of publishing directories” if the publisher includes that information in a directory, or uses that information to determine what information should be included in a directory, solicit advertisers for a directory, or deliver directories. ( c ) A telecommunications carrier may require any person requesting subscriber list information pursuant to section 222(e) of the Communications Act or § 64.2309 to certify that the publisher will use the information only for purposes of publishing a directory. ( d ) A carrier must provide subscriber list information to a requesting directory publisher even if the carrier believes that the directory publisher will use that information for purposes other than or in addition to directory publishing. § 64.2341 Record keeping. ( a ) A telecommunications carrier must retain, for at least one year after its expiration, each written contract that it has executed for the provision of subscriber list information for directory publishing purposes to itself, an affiliate, or an entity that publishes directories on the carrier's behalf. ( b ) A telecommunications carrier must maintain, for at least one year after the carrier provides subscriber list information for directory publishing purposes to itself, an affiliate, or an entity that publishes directories on the carrier's behalf, records of any of its rates, terms, and conditions for providing that subscriber list information which are not set forth in a written contract. ( c ) Except to the extent specified in paragraph (d), a carrier shall make the contracts and records described in paragraphs (a) and (b) available, upon request, to the Commission and to any directory publisher that requests those contracts and records for the purpose of publishing a directory. ( d ) A carrier need not disclose to a directory publisher pursuant to paragraph (c) portions of requested contracts that are wholly unrelated to the rates, terms, or conditions under which the carrier provides subscriber list information to itself, an affiliate, or an entity that publishes directories on the carrier's behalf. ( e ) A carrier may subject its disclosure of subscriber list information contracts or records to a directory publisher pursuant to paragraph (c) to a confidentiality agreement that limits access to and use of the information to the purpose of determining the rates, terms, and conditions under which the carrier provides subscriber list information to itself, an affiliate, or an entity that publishes directories on the carrier's behalf. [ 28 FR 13239 , Dec. 5, 1963, as amended at 69 FR 62816 , Oct. 28, 2004] § 64.2345 Primary advertising classification. A primary advertising classification is assigned at the time of the establishment of telephone exchange service if the carrier that provides telephone exchange service assigns the classification or if a tariff or State requirement obligates the carrier to provide yellow pages listings as part of telephone exchange service to businesses. Subpart Y—Truth-in-Billing Requirements for Common Carriers; Billing for Unauthorized Charges Source: 64 FR 34497 , June 25, 1999, unless otherwise noted. § 64.2400 Purpose and scope. ( a ) The purpose of these rules is to reduce slamming and other telecommunications fraud by setting standards for bills for telecommunications service. These rules are also intended to aid customers in understanding their telecommunications bills, and to provide them with the tools they need to make informed choices in the market for telecommunications service. ( b ) These rules shall apply to all telecommunications common carriers and to all bills containing charges for intrastate or interstate services, except as follows: ( 1 ) Sections 64.2401(a)(2), 64.2401(a)(3), 64.2401(c), and 64.2401(f) shall not apply to providers of Commercial Mobile Radio Service as defined in § 20.9 of this chapter , or to other providers of mobile service as defined in § 20.7 of this chapter , unless the Commission determines otherwise in a further rulemaking. ( 2 ) Sections 64.2401(a)(3) and 64.2401(f) shall not apply to bills containing charges only for intrastate services. ( c ) Preemptive effect of rules. The requirements contained in this subpart are not intended to preempt the adoption or enforcement of consistent truth-in-billing requirements by the states. [ 64 FR 34497 , June 25, 1999; 64 FR 56177 , Oct. 18, 1999; 65 FR 36637 , June 9, 2000, as amended at 65 FR 43258 , July 13, 2000; 69 FR 34950 , June 23, 2004; 70 FR 29983 , May 25, 2005; 77 FR 30919 , May 24, 2012] § 64.2401 Truth-in-Billing Requirements. ( a ) Bill organization. Telephone bills shall be clearly organized, and must comply with the following requirements: ( 1 ) The name of the service provider associated with each charge must be clearly and conspicuously identified on the telephone bill. ( 2 ) Where charges for two or more carriers appear on the same telephone bill, the charges must be separated by service provider. ( 3 ) Carriers that place on their telephone bills charges from third parties for non-telecommunications services must place those charges in a distinct section of the bill separate from all carrier charges. Charges in each distinct section of the bill must be separately subtotaled. These separate subtotals for carrier and non-carrier charges also must be clearly and conspicuously displayed along with the bill total on the payment page of a paper bill or equivalent location on an electronic bill. For purposes of this subparagraph “equivalent location on an electronic bill” shall mean any location on an electronic bill where the bill total is displayed and any location where the bill total is displayed before the bill recipient accesses the complete electronic bill, such as in an electronic mail message notifying the bill recipient of the bill and an electronic link or notice on a Web site or electronic payment portal. ( 4 ) The telephone bill must clearly and conspicuously identify any change in service provider, including identification of charges from any new service provider. For purpose of this subparagraph “new service provider” means a service provider that did not bill the subscriber for service during the service provider's last billing cycle. This definition shall include only providers that have continuing relationships with the subscriber that will result in periodic charges on the subscriber's bill, unless the service is subsequently canceled. ( b ) Descriptions of billed charges. Charges contained on telephone bills must be accompanied by a brief, clear, non-misleading, plain language description of the service or services rendered. The description must be sufficiently clear in presentation and specific enough in content so that customers can accurately assess that the services for which they are billed correspond to those that they have requested and received, and that the costs assessed for those services conform to their understanding of the price charged. ( c ) “Deniable” and “Non-Deniable” Charges. Where a bill contains charges for basic local service, in addition to other charges, the bill must distinguish between charges for which non-payment will result in disconnection of basic, local service, and charges for which non-payment will not result in such disconnection. The carrier must explain this distinction to the customer, and must clearly and conspicuously identify on the bill those charges for which non-payment will not result in disconnection of basic, local service. Carriers may also elect to devise other methods of informing consumers on the bill that they may contest charges prior to payment. ( d ) Clear and conspicuous disclosure of inquiry contacts. Telephone bills must contain clear and conspicuous disclosure of any information that the subscriber may need to make inquiries about, or contest, charges on the bill. Common carriers must prominently display on each bill a toll-free number or numbers by which subscribers may inquire or dispute any charges on the bill. A carrier may list a toll-free number for a billing agent, clearinghouse, or other third party, provided such party possesses sufficient information to answer questions concerning the subscriber's account and is fully authorized to resolve the consumer's complaints on the carrier's behalf. Where the subscriber does not receive a paper copy of his or her telephone bill, but instead accesses that bill only by e-mail or internet, the carrier may comply with this requirement by providing on the bill an e-mail or web site address. Each carrier must make a business address available upon request from a consumer. ( e ) Definition of clear and conspicuous. For purposes of this section, “clear and conspicuous” means notice that would be apparent to the reasonable consumer. ( f ) Blocking of third-party charges. ( 1 ) Carriers that offer subscribers the option to block third-party charges from appearing on telephone bills must clearly and conspicuously notify subscribers of this option at the point of sale and on each carrier's Web site. ( 2 ) Carriers that offer subscribers the option to block third-party charges from appearing on telephone bills must clearly and conspicuously notify subscribers of this option on each telephone bill. ( g ) Prohibition against unauthorized charges. Carriers shall not place or cause to be placed on any telephone bill charges that have not been authorized by the subscriber. [ 64 FR 34497 , June 25, 1999, as amended at 65 FR 43258 , July 13, 2000; 76 FR 63563 , Oct. 13, 2011; 77 FR 30919 , May 24, 2012; 77 FR 71354 , Nov. 30, 2012; 83 FR 33143 , July 17, 2018] Subpart Z—Prohibition on Exclusive Telecommunications Contracts Source: 66 FR 2334 , Jan. 11, 2001, unless otherwise noted. § 64.2500 Prohibited agreements and required disclosures. ( a ) No common carrier shall enter into any contract, written or oral, that would in any way restrict the right of any commercial multiunit premises owner, or any agent or representative thereof, to permit any other common carrier to access and serve commercial tenants on that premises. ( b ) No common carrier shall enter into or enforce any contract, written or oral, that would in any way restrict the right of any residential multiunit premises owner, or any agent or representative thereof, to permit any other common carrier to access and serve residential tenants on that premises. ( c ) No common carrier shall enter into or enforce any contract regarding the provision of communications service in a multiunit premise, written or oral, in which it gives the multiunit premise owner compensation on a graduated basis. ( 1 ) Definition. For purposes of this paragraph (c) , a “graduated basis” means that the compensation a common carrier pays to a multiunit premise owner for each tenant served increases as the total number of tenants served by the common carrier in the multiunit premise increases. ( 2 ) Compliance dates — ( i ) Compliance date for new contracts. After April 27, 2022, no common carrier shall enter into any contract regarding the provision of communications service in a multiunit premise, written or oral, in which it gives the multiunit premise owner compensation on a graduated basis. ( ii ) Compliance date for existing contracts. After September 26, 2022, no common carrier shall enforce any contract regarding the provision of communications service in a multiunit premise, written or oral, in existence as of April 27, 2022, in which it gives the multiunit premise owner compensation on a graduated basis. ( d ) No common carrier shall enter into or enforce any contract regarding the provision of communications service in a multiunit premise, written or oral, in which it receives the exclusive right to provide the multiunit premise owner compensation in return for access to the multiunit premise and its tenants. ( 1 ) Compliance date for new contracts. After April 27, 2022, no common carrier shall enter into any contract, written or oral, in which it receives the exclusive right to provide the multiunit premise owner compensation in return for access to the multiunit premise and its tenants. ( 2 ) Compliance date for existing contracts. After September 26, 2022, no common carrier shall enforce any contract regarding the provision of communications service in a multiunit premise written or oral, in existence as of April 27, 2022, in which it receives the exclusive right to provide the multiunit premise owner compensation in return for access to the multiunit premise and its tenants. ( e ) A common carrier shall disclose the existence of any contract regarding the provision of communications service in a multiunit premise, written or oral, in which it receives the exclusive right to market its service to tenants of a multiunit premise. ( 1 ) Such disclosure must: ( i ) Be included on all written marketing material, whether electronic or in print, that is directed at tenants or prospective tenants of the affected multiunit premise; ( ii ) Identify the existence of the contract and include a plain-language description of the arrangement, including that the provider has the right to exclusively market its communications services to tenants in the multiunit premise, that such a right does not mean that the provider is the only entity that can provide such services to tenants in the multiunit premise, and that service from an alternative provider may be available; and ( iii ) Be made in a manner that it is clear, conspicuous, and legible. ( 2 ) ( i ) Compliance date for new contracts. After August 22, 2022, a common carrier shall disclose the existence of any contract entered into on or after April 27, 2022, regarding the provision of communications service in a multiunit premise, written or oral, in which it receives the exclusive right to market its service to tenants of a multiunit premise. ( ii ) Compliance date for existing contracts. After September 26, 2022, a common carrier shall disclose the existence of any contract in existence as of April 27, 2022, regarding the provision of communications service in a multiunit premise, written or oral, in which it receives the exclusive right to market its service to tenants of a multiunit premise. [ 73 FR 28057 , May 15, 2008, as amended at 87 FR 17193 , Mar. 28, 2022; 87 FR 51268 , Aug. 22, 2022] § 64.2501 Scope of limitation. For the purposes of this subpart, a multiunit premises is any contiguous area under common ownership or control that contains two or more distinct units. A commercial multiunit premises is any multiunit premises that is predominantly used for non-residential purposes, including for-profit, non-profit, and governmental uses. A residential multiunit premises is any multiunit premises that is predominantly used for residential purposes. [ 73 FR 28057 , May 15, 2008] § 64.2502 Effect of state law or regulation. This subpart shall not preempt any state law or state regulation that requires a governmental entity to enter into a contract or understanding with a common carrier which would restrict such governmental entity's right to obtain telecommunications service from another common carrier. Subpart AA [Reserved] Subpart BB—Restrictions on Unwanted Mobile Service Commercial Messages Authority: 15 U.S.C. 7701-7713 , Public Law 108-187 , 117 Stat. 2699. § 64.3100 Restrictions on mobile service commercial messages. ( a ) No person or entity may initiate any mobile service commercial message, as those terms are defined in paragraph (c)(7) of this section, unless: ( 1 ) That person or entity has the express prior authorization of the addressee; ( 2 ) That person or entity is forwarding that message to its own address; ( 3 ) That person or entity is forwarding to an address provided that ( i ) The original sender has not provided any payment, consideration or other inducement to that person or entity; and ( ii ) That message does not advertise or promote a product, service, or Internet website of the person or entity forwarding the message; or ( 4 ) The address to which that message is sent or directed does not include a reference to a domain name that has been posted on the FCC's wireless domain names list for a period of at least 30 days before that message was initiated, provided that the person or entity does not knowingly initiate a mobile service commercial message. ( b ) Any person or entity initiating any mobile service commercial message must: ( 1 ) Cease sending further messages within ten (10) days after receiving such a request by a subscriber; ( 2 ) Include a functioning return electronic mail address or other Internet-based mechanism that is clearly and conspicuously displayed for the purpose of receiving requests to cease the initiating of mobile service commercial messages and/or commercial electronic mail messages, and that does not require the subscriber to view or hear further commercial content other than institutional identification; ( 3 ) Provide to a recipient who electronically grants express prior authorization to send commercial electronic mail messages with a functioning option and clear and conspicuous instructions to reject further messages by the same electronic means that was used to obtain authorization; ( 4 ) Ensure that the use of at least one option provided in paragraphs (b)(2) and (b)(3) of this section does not result in additional charges to the subscriber; ( 5 ) Identify themselves in the message in a form that will allow a subscriber to reasonably determine that the sender is the authorized entity; and ( 6 ) For no less than 30 days after the transmission of any mobile service commercial message, remain capable of receiving messages or communications made to the electronic mail address, other Internet-based mechanism or, if applicable, other electronic means provided by the sender as described in paragraph (b)(2) and (b)(3) of this section. ( c ) Definitions. For the purpose of this subpart: ( 1 ) Commercial Mobile Radio Service Provider means any provider that offers the services defined in 47 CFR Section 20.9 . ( 2 ) Commercial electronic mail message means the term as defined in the CAN-SPAM Act, 15 U.S.C 7702 and as further defined under 16 CFR 316.3 . The term is defined as “an electronic message for which the primary purpose is commercial advertisement or promotion of a commercial product or service (including content on an Internet Web site operated for a commercial purpose).” The term “commercial electronic mail message” does not include a transactional or relationship message. ( 3 ) Domain name means any alphanumeric designation which is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet. ( 4 ) Electronic mail address means a destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which an electronic mail message can be sent or delivered. ( 5 ) Electronic mail message means a message sent to a unique electronic mail address. ( 6 ) Initiate, with respect to a commercial electronic mail message, means to originate or transmit such messages or to procure the origination or transmission of such message, but shall not include actions that constitute routine conveyance of such message. For purposes of this paragraph, more than one person may be considered to have initiated a message. “Routine conveyance” means the transmission, routing, relaying, handling, or storing, through an automatic technical process, or an electronic mail message for which another person has identified the recipients or provided the recipient addresses. ( 7 ) Mobile Service Commercial Message means a commercial electronic mail message that is transmitted directly to a wireless device that is utilized by a subscriber of a commercial mobile service (as such term is defined in section 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) ) in connection with such service. A commercial message is presumed to be a mobile service commercial message if it is sent or directed to any address containing a reference, whether or not displayed, to an Internet domain listed on the FCC's wireless domain names list. The FCC's wireless domain names list will be available on the FCC's website and at the Commission headquarters, located at the address indicated in 47 CFR 0.401(a) . ( 8 ) Transactional or relationship message means the following and is further defined under 16 CFR 316.3 as any electronic mail message the primary purpose of which is: ( i ) To facilitate, complete, or confirm a commercial transaction that the recipient has previously agreed to enter into with the sender; ( ii ) To provide warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the recipient; ( iii ) To provide: ( A ) Notification concerning a change in the terms or features of; ( B ) Notification of a change in the recipient's standing or status with respect to; or ( C ) At regular periodic intervals, account balance information or other type of account statement with respect to a subscription, membership, account, loan, or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of products or services offered by the sender; ( D ) To provide information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled; or ( E ) To deliver goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender. ( d ) Express Prior Authorization may be obtained by oral or written means, including electronic methods. ( 1 ) Written authorization must contain the subscriber's signature, including an electronic signature as defined by 15 U.S.C. 7001 (E-Sign Act). ( 2 ) All authorizations must include the electronic mail address to which mobile service commercial messages can be sent or directed. If the authorization is made through a website, the website must allow the subscriber to input the specific electronic mail address to which commercial messages may be sent. ( 3 ) Express Prior Authorization must be obtained by the party initiating the mobile service commercial message. In the absence of a specific request by the subscriber to the contrary, express prior authorization shall apply only to the particular person or entity seeking the authorization and not to any affiliated entities unless the subscriber expressly agrees to their being included in the express prior authorization. ( 4 ) Express Prior Authorization may be revoked by a request from the subscriber, as noted in paragraph (b)(2) and (b)(3) of this section. ( 5 ) All requests for express prior authorization must include the following disclosures: ( i ) That the subscriber is agreeing to receive mobile service commercial messages sent to his/her wireless device from a particular sender. The disclosure must state clearly the identity of the business, individual, or other entity that will be sending the messages; ( ii ) That the subscriber may be charged by his/her wireless service provider in connection with receipt of such messages; and ( iii ) That the subscriber may revoke his/her authorization to receive MSCMs at any time. ( 6 ) All notices containing the required disclosures must be clearly legible, use sufficiently large type or, if audio, be of sufficiently loud volume, and be placed so as to be readily apparent to a wireless subscriber. Any such disclosures must be presented separately from any other authorizations in the document or oral presentation. If any portion of the notice is translated into another language, then all portions of the notice must be translated into the same language. ( e ) All CMRS providers must identify all electronic mail domain names used to offer subscribers messaging specifically for wireless devices in connection with commercial mobile service in the manner and time-frame described in a public notice to be issued by the Consumer & Governmental Affairs Bureau. ( f ) Each CMRS provider is responsible for the continuing accuracy and completeness of information furnished for the FCC's wireless domain names list. CMRS providers must: ( 1 ) File any future updates to listings with the Commission not less than 30 days before issuing subscribers any new or modified domain name; ( 2 ) Remove any domain name that has not been issued to subscribers or is no longer in use within 6 months of placing it on the list or last date of use; and ( 3 ) Certify that any domain name placed on the FCC's wireless domain names list is used for mobile service messaging. [ 69 FR 55779 , Sept. 16, 2004, as amended at 70 FR 34666 , June 15, 2005; 85 FR 64407 , Oct. 13, 2020] Subpart CC—Customer Account Record Exchange Requirements Authority: 47 U.S.C. 154 , 201 , 202 , 222 , 258 unless otherwise noted. Source: 70 FR 32263 , June 2, 2005, unless otherwise noted. § 64.4000 Basis and purpose. ( a ) Basis. The rules in this subpart are issued pursuant to the Communications Act of 1934, as amended. ( b ) Purpose. The purpose of these rules is to facilitate the timely and accurate establishment, termination, and billing of customer telephone service accounts. § 64.4001 Definitions. Terms in this subpart have the following meanings: ( a ) Automatic number identification (ANI). The term automatic number identification refers to the delivery of the calling party's billing telephone number by a local exchange carrier to any interconnecting carrier for billing or routing purposes. ( b ) Billing name and address (BNA). The term billing name and address means the name and address provided to a [LEC] by each of its local exchange customers to which the [LEC] directs bills for its services. ( c ) Customer. The term customer means the end user to whom a local exchange carrier or interexchange carrier is providing local exchange or telephone toll service. ( d ) Interexchange carrier (IXC). The term interexchange carrier means a telephone company that provides telephone toll service. An interexchange carrier does not include commercial mobile radio service providers as defined by federal law. ( e ) Local exchange carrier (LEC). The term local exchange carrier means any person that is engaged in the provision of telephone exchange service or exchange access. Such term does not include a person insofar as such person is engaged in the provision of a commercial mobile service under § 332(c), except to the extent that the Commission finds that such service should be included in the definition of that term. ( f ) Preferred interexchange carrier (PIC). The term preferred interexchange carrier means the carrier to which a customer chooses to be presubscribed for purposes of receiving intraLATA and/or interLATA and/or international toll services. § 64.4002 Notification obligations of LECs. To the extent that the information is reasonably available to a LEC, the LEC shall provide to an IXC the customer account information described in this section consistent with § 64.4004 . Nothing in this section shall prevent a LEC from providing additional customer account information to an IXC to the extent that such additional information is necessary for billing purposes or to properly execute a customer's PIC order. ( a ) Customer-submitted PIC order. Upon receiving and processing a PIC selection submitted by a customer and placing the customer on the network of the customer's preferred interexchange carrier at the LEC's local switch, the LEC must notify the IXC of this event. The notification provided by the LEC to the IXC must contain all of the customer account information necessary to allow for proper billing of the customer by the IXC including but not limited to: ( 1 ) The customer's billing telephone number, working telephone number, and billing name and address; ( 2 ) The effective date of the PIC change; ( 3 ) A statement describing the customer type (i.e., business or residential); ( 4 ) A statement indicating, to the extent appropriate, that the customer's telephone service listing is not printed in a directory and is not available from directory assistance or is not printed in a directory but is available from directory assistance; ( 5 ) The jurisdictional scope of the PIC installation (i.e., intraLATA and/or interLATA and/or international); ( 6 ) The carrier identification code of the IXC; and ( 7 ) If relevant, a statement indicating that the customer's account is subject to a PIC freeze. The notification also must contain information, if relevant and to the extent that it is available, reflecting the fact that a customer's PIC selection was the result of: ( i ) A move (an end user customer has moved from one location to another within a LEC's service territory); ( ii ) A change in responsible billing party; or ( iii ) The resolution of a PIC dispute. ( b ) Confirmation of IXC-submitted PIC order. When a LEC has placed a customer on an IXC's network at the local switch in response to an IXC-submitted PIC order, the LEC must send a confirmation to the submitting IXC. The confirmation provided by the LEC to the IXC must include: ( 1 ) The customer's billing telephone number, working telephone number, and billing name and address; ( 2 ) The effective date of the PIC change; ( 3 ) A statement describing the customer type (i.e., business or residential); ( 4 ) A statement indicating, to the extent appropriate, if the customer's telephone service listing is not printed in a directory and is not available from directory assistance, or is not printed in a directory but is available from directory assistance; ( 5 ) The jurisdictional scope of the PIC installation (i.e., intraLATA and/or interLATA and/or international); and ( 6 ) The carrier identification code of the IXC. If the PIC order at issue originally was submitted by an underlying IXC on behalf of a toll reseller, the confirmation provided by the LEC to the IXC must indicate, to the extent that this information is known, a statement indicating that the customer's PIC is a toll reseller. ( c ) Rejection of IXC-submitted PIC order. When a LEC rejects or otherwise does not act upon a PIC order submitted to it by an IXC, the LEC must notify the IXC and provide the reason(s) why the PIC order could not be processed. The notification provided by the LEC to the IXC must state that it has rejected the IXC-submitted PIC order and specify the reason(s) for the rejection (e.g., due to a lack of information, incorrect information, or a PIC freeze on the customer's account). The notification must contain the identical data elements that were provided to the LEC in the original IXC-submitted PIC order (i.e., mirror image of the original order), unless otherwise specified by this paragraph. If a LEC rejects an IXC-submitted PIC order for a multi-line account (i.e., the customer has selected the IXC as his PIC for two or more lines or terminals associated with his billing telephone number), the notification provided by the LEC rejecting that order must explain the effect of the rejection with respect to each line (working telephone number or terminal) associated with the customer's billing telephone number. A LEC is not required to generate a line-specific or terminal-specific response, however, and may communicate the rejection at the billing telephone level, when the LEC is unable to process an entire order, including all working telephone numbers and terminals associated with a particular billing telephone number. In addition, the notification must indicate the jurisdictional scope of the PIC order rejection (i.e., intraLATA and/or interLATA and/or international). If a LEC rejects a PIC order because: ( 1 ) The customer's telephone number has been ported to another LEC; or ( 2 ) The customer has otherwise changed local service providers, the LEC must include in its notification, to the extent that it is available, the identity of the customer's new LEC. ( d ) Customer contacts LEC or new IXC to change PIC(s) or customer contacts LEC or current IXC to change PIC to No-PIC. When a LEC has removed at its local switch a presubscribed customer from an IXC's network in response to a customer order, upon receipt of a properly verified PIC order submitted by another IXC, or in response to a notification from the customer's current IXC relating to the customer's request to change his or her PIC to No-PIC, the LEC must notify the customer's former IXC of this event. The LEC must provide to the IXC the customer account information that is necessary to allow for proper final billing of the customer by the IXC including but not limited to: ( 1 ) The customer's billing telephone number, working telephone number, and billing name and address; ( 2 ) The effective date of the PIC change; ( 3 ) A description of the customer type (i.e., business or residential); ( 4 ) The jurisdictional scope of the lines or terminals affected (i.e., intraLATA and/or interLATA and/or international); and ( 5 ) The carrier identification code of the IXC. If a customer changes PICs but retains the same LEC, the LEC is responsible for notifying both the old PIC and new PIC of the PIC change. The notification also must contain information, if relevant and to the extent that it is available, reflecting the fact that a customer's PIC removal was the result of: ( i ) The customer moving from one location to another within the LEC's service territory, but where there is no change in local service provider; ( ii ) A change of responsible party on an account; or ( iii ) A disputed PIC selection. ( e ) Particular changes to customer's local service account. When, according to a LEC's records, certain account or line information changes occur on a presubscribed customer's account, the LEC must communicate this information to the customer's PIC. For purposes of this paragraph, the LEC must provide to the appropriate IXC account change information that is necessary for the IXC to issue timely and accurate bills to its customers including but not limited to: ( 1 ) The customer's billing telephone number, working telephone number, and billing name and address; ( 2 ) The customer code assigned to that customer by the LEC; ( 3 ) The type of customer account (i.e., business or residential); ( 4 ) The status of the customer's telephone service listing, to the extent appropriate, as not printed in a directory and not available from directory assistance, or not printed in a directory but available from directory assistance; and ( 5 ) The jurisdictional scope of the PIC installation (i.e., intraLATA and/or interLATA and/or international); ( 6 ) The effective date of any change to a customer's local service account; and ( 7 ) The carrier identification code of the IXC. If there are changes to the customer's billing or working telephone number, customer code, or customer type, the LEC must supply both the old and new information for each of these categories. ( f ) Local service disconnection. Upon receipt of an end user customer's request to terminate his entire local service account or disconnect one or more lines (but not all lines) of a multi-line account, the LEC must notify the PIC(s) for the billing telephone number or working telephone number on the account of the account termination or lines disconnected. In conjunction with this notification requirement, the LEC must provide to a customer's PIC(s) all account termination or single/multi-line disconnection change information necessary for the PIC(s) to maintain accurate billing and PIC records, including but not limited to: ( 1 ) The effective date of the termination/disconnection; and ( 2 ) The customer's working and billing telephone numbers and billing name and address; ( 3 ) The type of customer account (i.e., business or residential); ( 4 ) The jurisdictional scope of the PIC installation (i.e., intraLATA and/or interLATA and/or international); and ( 5 ) The carrier identification code of the IXC. ( g ) Change of local service provider. When a customer changes LECs, the customer's former LEC must notify the customer's PIC(s) of the customer's change in LEC and, if known, the identity of the customer's new LEC. If the customer also makes a PIC change, the customer's former LEC must also notify the customer's former PIC(s) of the change. When a customer only changes LECs, the new LEC must notify the customer's current PIC(s) that the customer's PIC selection has not changed. If the customer also makes a PIC change, the new LEC must notify the customer's new PIC of the customer's PIC selection. If the customer's former LEC is unable to identify the customer's new LEC, the former LEC must notify the customer's PIC(s) of a local service disconnection as described in paragraph (f). ( 1 ) The required notifications also must contain information, if relevant and to the extent that it is available, reflecting the fact that an account change was the result of: ( i ) The customer porting his number to a new LEC; ( ii ) A local resale arrangement (customer has transferred to local reseller); or ( iii ) The discontinuation of a local resale arrangement; ( 2 ) The notification provided by the LEC to the IXC must include: ( i ) The customer's billing telephone number, working telephone number, and, billing name and address; ( ii ) The effective date of the change of local service providers or PIC change; ( iii ) A description of the customer type (i.e., business or residential); ( iv ) The jurisdictional scope of the lines or terminals affected (i.e., intraLATA and/or interLATA and/or international); and ( v ) The carrier identification code of the IXC. ( h ) IXC requests for customer BNA information. Upon the request of an IXC, a LEC must provide the billing name and address information necessary to facilitate a customer's receipt of a timely, accurate bill for services rendered and/or to prevent fraud, regardless of the type of service the end user receives/has received from the requesting carrier (i.e., presubscribed, dial-around, casual). In response to an IXC's BNA request for ANI, a LEC must provide the BNA for the submitted ANI along with: ( 1 ) The working telephone number for the ANI; ( 2 ) The date of the BNA response; ( 3 ) The carrier identification code of the submitting IXC; and ( 4 ) A statement indicating, to the extent appropriate, if the customer's telephone service listing is not printed in a directory and is not available from directory assistance, or is not printed in a directory but is available from directory assistance. A LEC that is unable to provide the BNA requested must provide the submitting carrier with the identical information contained in the original BNA request (i.e., the mirror image of the original request), along with the specific reason(s) why the requested information could not be provided. If the BNA is not available because the customer has changed local service providers or ported his telephone number, the LEC must include the identity of the new provider when this information is available. [ 71 FR 74821 , Dec. 13, 2006] § 64.4003 Notification obligations of IXCs. To the extent that the information is reasonably available to an IXC, the IXC shall provide to a LEC the customer account information described in this section consistent with § 64.4004 . Nothing in this section shall prevent an IXC from providing additional customer account information to a LEC to the extent that such additional information is necessary for billing purposes or to properly execute a customer's PIC Order. ( a ) IXC-submitted PIC Order. When a customer contacts an IXC to establish interexchange service on a presubscribed basis, the IXC selected must submit the customer's properly verified PIC Order ( see 47 CFR 64.1120(a) ) to the customer's LEC, instructing the LEC to install or change the PIC for the customer's line(s) to that IXC. The notification provided by the IXC to the LEC must contain all of the information necessary to properly execute the Order including but not limited to: ( 1 ) The customer's billing telephone number or working telephone number associated with the lines or terminals that are to be presubscribed to the IXC; ( 2 ) The date of the IXC-submitted PIC Order; ( 3 ) The jurisdictional scope of the PIC Order ( i.e, intraLATA and/or interLATA and/or international); and ( 4 ) The carrier identification code of the submitting IXC. ( b ) Customer contacts IXC to cancel PIC and to select no-PIC status. When an end user customer contacts an IXC to discontinue interexchange service on a presubscribed basis, the IXC must confirm that it is the customer's desire to have no PIC and, if that is the case, the IXC must notify the customer's LEC. The IXC also is encouraged to instruct the customer to notify his LEC. An IXC may satisfy this requirement by establishing a three-way call with the customer and the customer's LEC to confirm that it is the customer's desire to have no PIC and, where appropriate, to provide the customer the opportunity to withdraw any PIC freeze that may be in place. The notification provided by the IXC to the LEC must contain the customer account information necessary to properly execute the cancellation Order including but not limited to: ( 1 ) The customer's billing telephone number or working telephone number associated with the lines or terminals that are affected; ( 2 ) The date of the IXC-submitted PIC removal Order; ( 3 ) The jurisdictional scope of the PIC removal Order ( i.e. , intraLATA and/or interLATA and/or international); and ( 4 ) The carrier identification code of the submitting IXC. [ 70 FR 32263 , June 2, 2005; 70 FR 54301 , Sept. 14, 2005] § 64.4004 Timeliness of required notifications. Carriers subject to the requirements of this section shall provide the required notifications promptly and without unreasonable delay. § 64.4005 Unreasonable terms or conditions on the provision of customer account information. To the extent that a carrier incurs costs associated with providing the notifications required by this section, the carrier may recover such costs, consistent with federal and state laws, through the filing of tariffs, via negotiated agreements, or by other appropriate mechanisms. Any cost recovery method must be reasonable and must recover only costs that are associated with providing the particular information. The imposition of unreasonable terms or conditions on the provision of information required by this section may be considered an unreasonable carrier practice under section 201(b) of the Communications Act of 1934, as amended, and may subject the carrier to appropriate enforcement action. § 64.4006 Limitations on use of customer account information. A carrier that receives customer account information under this section shall use such information to ensure timely and accurate billing of a customer's account and to ensure timely and accurate execution of a customer's preferred interexchange carrier instructions. Such information shall not be used for marketing purposes without the express consent of the customer. Subpart DD—Prepaid Calling Card Providers Source: 71 FR 43673 , Aug. 2, 2006, unless otherwise noted. § 64.5000 Definitions. ( a ) Prepaid calling card. The term “prepaid calling card” means a card or similar device that allows users to pay in advance for a specified amount of calling, without regard to additional features, functions, or capabilities available in conjunction with the calling service. ( b ) Prepaid calling card provider. The term “prepaid calling card provider” means any entity that provides telecommunications service to consumers through the use of a prepaid calling card. § 64.5001 Reporting and certification requirements. On a quarterly basis, every prepaid calling card provider must submit to the Commission a certification with respect to the prior quarter, signed by an officer of the company under penalty of perjury, stating that it is making the required Universal Service Fund contribution. This provision shall not apply to any prepaid calling card provider that has timely filed required annual and quarterly Telecommunications Reporting Worksheets, FCC Forms 499-A and 499-Q, during the preceding two-year period. [ 82 FR 48778 , Oct. 20, 2017] Subpart EE—TRS Customer Proprietary Network Information. Source: 78 FR 40613 , July 5, 2013, unless otherwise noted. § 64.5101 Basis and purpose. ( a ) Basis. The rules in this subpart are issued pursuant to the Communications Act of 1934, as amended. ( b ) Purpose. The purpose of the rules in this subpart is to implement customer proprietary network information protections for users of telecommunications relay services and point-to-point video service pursuant to sections 4, 222, and 225 of the Communications Act of 1934, as amended, 47 U.S.C. 154 , 222 , 225 . [ 78 FR 40613 , July 5, 2013, as amended at 82 FR 17764 , Apr. 13, 2017] § 64.5103 Definitions. ( a ) Address of record. An “address of record,” whether postal or electronic, is an address that the TRS provider has associated with the customer for at least 30 days. ( b ) Affiliate. The term “affiliate” shall have the same meaning given such term in section 3 of the Communications Act of 1934, as amended, 47 U.S.C. 153 . ( c ) Call data information. The term “call data information” means any information that pertains to the handling of specific TRS calls, including the call record identification sequence, the communications assistant identification number, the session start and end times, the conversation start and end times, incoming and outbound telephone numbers, incoming and outbound internet protocol (IP) addresses, total conversation minutes, total session minutes, and the electronic serial number of the consumer device. ( d ) Communications assistant (CA). The term “communications assistant” or “CA” shall have the same meaning given to the term in § 64.601(a) of this part . ( e ) Customer. The term “customer” means a person: ( 1 ) To whom the TRS provider provides TRS or point-to-point service, or ( 2 ) Who is registered with the TRS provider as a default provider. ( f ) Customer proprietary network information (CPNI). The term “customer proprietary network information” or “CPNI” means information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a telecommunications service used by any customer of a TRS provider; and information regarding a customer's use of TRS contained in the documentation submitted by a TRS provider to the TRS Fund administrator in connection with a request for compensation for the provision of TRS. ( g ) Customer premises equipment (CPE). The term “customer premises equipment” or “CPE” shall have the same meaning given to such term in section 3 of the Communications Act of 1934, as amended, 47 U.S.C. 153 . ( h ) Default provider. The term “default provider” shall have the same meaning given such term in § 64.601(a) of this part . ( i ) Internet-based TRS (iTRS). The term “Internet-based TRS” or “iTRS shall have the same meaning given to the term in § 64.601(a) of this part . ( j ) iTRS access technology. The term “iTRS access technology” shall have the same meaning given to the term in § 64.601(a) of this part . ( k ) Opt-in approval. The term “opt-in approval” shall have the same meaning given such term in § 64.5107(b)(1) of this subpart . ( l ) Opt-out approval. The term “opt-out approval” shall have the same meaning given such term in § 64.5107(b)(2) of this subpart . ( m ) Point-to-point service. The term “point-to-point service” means a service that enables a VRS or hearing customer to place and receive non-relay calls without the assistance of a communications assistant over the facilities of a VRS provider using VRS access technology. Such calls are made by means of ten-digit NANP numbers registered in the TRS Numbering Directory and assigned to VRS customers and hearing point-to-point customers by VRS providers. The term “point-to-point call” shall refer to a call placed via a point-to-point service. ( n ) Readily available biographical information. The term “readily available biographical information” means information drawn from the customer's life history and includes such things as the customer's social security number, or the last four digits of that number; mother's maiden name; home address; or date of birth. ( o ) Sign language. The term “sign language” shall have the same meaning given to the term in § 64.601(a) of this part . ( p ) Telecommunications relay services (TRS). The term “telecommunications relay services” or “TRS” shall have the same meaning given to such term in § 64.601(a) of this part . ( q ) Telephone number of record. The term “telephone number of record” means the telephone number associated with the provision of TRS, which may or may not be the telephone number supplied as part of a customer's “contact information.” ( r ) TRS Fund. The term “TRS Fund” shall have the same meaning given to the term in § 64.604(c)(5)(iii) of this part . ( s ) TRS provider. The term “TRS provider” means an entity that provides TRS and shall include an entity that provides point-to-point service. ( t ) TRS-related services. The term “TRS-related services” means, in the case of traditional TRS, services related to the provision or maintenance of customer premises equipment, and in the case of iTRS, services related to the provision or maintenance of iTRS access technology, including features and functions typically provided by TRS providers in association with iTRS access technology. ( u ) Valid photo ID. The term “valid photo ID” means a government-issued means of personal identification with a photograph such as a driver's license, passport, or comparable ID that has not expired. ( v ) Video relay service. The term “video relay service” or VRS shall have the same meaning given to the term in § 64.601(a) of this part . ( w ) VRS access technology. The term “VRS access technology” shall have the same meaning given to the term in § 64.601(a) of this part . [ 78 FR 40613 , July 5, 2013, as amended at 82 FR 17765 , Apr. 13, 2017] § 64.5105 Use of customer proprietary network information without customer approval. ( a ) A TRS provider may use, disclose, or permit access to CPNI for the purpose of providing or lawfully marketing service offerings among the categories of service ( i.e., type of TRS) for which the TRS provider is currently the default provider for that customer, without customer approval. ( 1 ) If a TRS provider provides different categories of TRS, and the TRS provider is currently the default provider for that customer for more than one category of TRS offered by the TRS provider, the TRS provider may share CPNI among the TRS provider's affiliated entities that provide a TRS offering to the customer. ( 2 ) If a TRS provider provides different categories of TRS, but the TRS provider is currently not the default provider for that customer for more than one offering by the TRS provider, the TRS provider shall not share CPNI with its affiliates, except as provided in § 64.5107(b) of this subpart . ( b ) A TRS provider shall not use, disclose, or permit access to CPNI as described in this paragraph (b) . ( 1 ) A TRS provider shall not use, disclose, or permit access to CPNI to market to a customer TRS offerings that are within a category of TRS for which the TRS provider is not currently the default provider for that customer, unless that TRS provider has customer approval to do so. ( 2 ) A TRS provider shall not identify or track CPNI of customers that call competing TRS providers and, notwithstanding any other provision of this subpart, a TRS provider shall not use, disclose or permit access to CPNI related to a customer call to a competing TRS provider. ( c ) A TRS provider may use, disclose, or permit access to CPNI, without customer approval, as described in this paragraph (c) . ( 1 ) A TRS provider may use, disclose or permit access to CPNI derived from its provision of TRS without customer approval, for the provision of CPE or iTRS access technology, and call answering, voice or video mail or messaging, voice or video storage and retrieval services. ( 2 ) A TRS provider may use, disclose, or permit access to CPNI, without customer approval, in its provision of inside wiring installation, maintenance, and repair services. ( 3 ) A TRS provider may use CPNI, without customer approval, to market services formerly known as adjunct-to-basic services, such as, but not limited to, speed dialing, call waiting, caller I.D., and call forwarding, only to those customers that are currently registered with that TRS provider as their default provider. ( 4 ) A TRS provider shall use, disclose, or permit access to CPNI to the extent necessary to: ( i ) Accept and handle 911/E911 calls; ( ii ) Access, either directly or via a third party, a commercially available database that will allow the TRS provider to determine an appropriate Public Safety Answering Point, designated statewide default answering point, or appropriate local emergency authority that corresponds to the caller's location; ( iii ) Relay the 911/E911 call to that entity; and ( iv ) Facilitate the dispatch and response of emergency service or law enforcement personnel to the caller's location, in the event that the 911/E911 call is disconnected or the caller becomes incapacitated. ( 5 ) A TRS provider shall use, disclose, or permit access to CPNI upon request by the administrator of the TRS Fund, as that term is defined in § 64.604(c)(5)(iii) of this part , or by the Commission for the purpose of administration and oversight of the TRS Fund, including the investigation and prevention of fraud, abuse, and misuse of TRS and seeking repayment to the TRS Fund for non-compensable minutes. ( 6 ) A TRS provider may use, disclose, or permit access to CPNI to protect the rights or property of the TRS provider, or to protect users of those services, other TRS providers, and the TRS Fund from fraudulent, abusive, or unlawful use of such services. [ 79 FR 40613 , July 5, 2013] § 64.5107 Approval required for use of customer proprietary network information. ( a ) A TRS provider may obtain approval through written, oral, electronic, or sign language methods. ( 1 ) A TRS provider relying on oral or sign language approval shall bear the burden of demonstrating that such approval has been given in compliance with the Commission's rules in this part. ( 2 ) Approval or disapproval to use, disclose, or permit access to a customer's CPNI obtained by a TRS provider must remain in effect until the customer revokes or limits such approval or disapproval. A TRS provider shall accept any such customer revocation, whether in written, oral, electronic, or sign language methods. ( 3 ) A TRS provider must maintain records of approval, whether oral, written, electronic, or sign language, during the time period that the approval or disapproval is in effect and for at least one year thereafter. ( b ) Use of opt-in and opt-out approval processes. ( 1 ) Opt-in approval requires that the TRS provider obtain from the customer affirmative, express consent allowing the requested CPNI usage, disclosure, or access after the customer is provided appropriate notification of the TRS provider's request consistent with the requirements set forth in this subpart. ( 2 ) With opt-out approval, a customer is deemed to have consented to the use, disclosure, or access to the customer's CPNI if the customer has failed to object thereto within the waiting period described in § 64.5108(d)(1) of this subpart after the TRS provider has provided to the customer appropriate notification of the TRS provider's request for consent consistent with the rules in this subpart. ( 3 ) A TRS provider may only use, disclose, or permit access to the customer's individually identifiable CPNI with the customer's opt-in approval, except as follows: ( i ) Where a TRS provider is permitted to use, disclose, or permit access to CPNI without customer approval under § 64.5105 of this subpart . ( ii ) Where a TRS provider is permitted to use, disclose, or permit access to CPNI by making use of customer opt-in or opt-out approval under paragraph (?)(4) of this section. ( 4 ) A TRS provider may make use of customer opt-in or opt-out approval to take the following actions with respect to CPNI: ( i ) Use its customer's individually identifiable CPNI for the purpose of lawfully marketing TRS-related services to that customer. ( ii ) Disclose its customer's individually identifiable CPNI to its agents and its affiliates that provide TRS-related services for the purpose of lawfully marketing TRS-related services to that customer. A TRS provider may also permit such persons or entities to obtain access to such CPNI for such purposes. [ 79 FR 40613 , July 5, 2013] § 64.5108 Notice required for use of customer proprietary network information. ( a ) Notification, generally. ( 1 ) Prior to any solicitation for customer approval to use, disclose, or permit access to CPNI, a TRS provider shall provide notification to the customer of the customer's right to deny or restrict use of, disclosure of, and access to that customer's CPNI. ( 2 ) A TRS provider shall maintain records of notification, whether oral, written, electronic, or sign language, during the time period that the approval is in effect and for at least one year thereafter. ( b ) Individual notice. A TRS provider shall provide individual notice to customers when soliciting approval to use, disclose, or permit access to customers' CPNI. ( c ) Content of notice. Customer notification shall provide sufficient information in clear and unambiguous language to enable the customer to make an informed decision as to whether to permit a TRS provider to use, disclose, or permit access to, the customer's CPNI. ( 1 ) The notification shall state that the customer has a right to deny any TRS provider the right to use, disclose or permit access to the customer's CPNI, and the TRS provider has a duty, under federal law, to honor the customer's right and to protect the confidentiality of CPNI. ( 2 ) The notification shall specify the types of information that constitute CPNI and the specific entities that will use, receive or have access to the CPNI, describe the purposes for which CPNI will be used, and inform the customer of his or her right to disapprove those uses, and deny or withdraw the customer's consent to use, disclose, or permit access to access to CPNI at any time. ( 3 ) The notification shall advise the customer of the precise steps the customer must take in order to grant or deny use, disclosure, or access to CPNI, and must clearly state that customer denial of approval will not affect the TRS provider's provision of any services to the customer. However, TRS providers may provide a brief statement, in clear and neutral language, describing consequences directly resulting from the lack of access to CPNI. ( 4 ) TRS providers shall provide the notification in a manner that is accessible to the customer, comprehensible, and not misleading. ( 5 ) If the TRS provider provides written notification to the customer, the notice shall be clearly legible, use sufficiently large type, and be placed in an area so as to be readily apparent to a customer. ( 6 ) If any portion of a notification is translated into another language, then all portions of the notification must be translated into that language. ( 7 ) A TRS provider may state in the notification that the customer's approval to use CPNI may enhance the TRS provider's ability to offer products and services tailored to the customer's needs. A TRS provider also may state in the notification that it may be compelled to disclose CPNI to any person upon affirmative written request by the customer. ( 8 ) The notification shall state that any approval or denial of approval for the use of CPNI outside of the service for which the TRS provider is the default provider for the customer is valid until the customer affirmatively revokes or limits such approval or denial. ( 9 ) A TRS provider's solicitation for approval to use, disclose, or have access to the customer's CPNI must be proximate to the notification of a customer's CPNI rights to non-disclosure. ( d ) Notice requirements specific to opt-out. A TRS provider shall provide notification to obtain opt-out approval through electronic or written methods, but not by oral or sign language communication (except as provided in paragraph (f) of this section). The contents of any such notification shall comply with the requirements of paragraph (c) of this section. ( 1 ) TRS providers shall wait a 30-day minimum period of time after giving customers notice and an opportunity to opt-out before assuming customer approval to use, disclose, or permit access to CPNI. A TRS provider may, in its discretion, provide for a longer period. TRS providers shall notify customers as to the applicable waiting period for a response before approval is assumed. ( i ) In the case of an electronic form of notification, the waiting period shall begin to run from the date on which the notification was sent; and ( ii ) In the case of notification by mail, the waiting period shall begin to run on the third day following the date that the notification was mailed. ( 2 ) TRS providers using the opt-out mechanism shall provide notices to their customers every two years. ( 3 ) TRS providers that use email to provide opt-out notices shall comply with the following requirements in addition to the requirements generally applicable to notification: ( i ) TRS providers shall obtain express, verifiable, prior approval from consumers to send notices via email regarding their service in general, or CPNI in particular; ( ii ) TRS providers shall either: ( A ) Allow customers to reply directly to the email containing the CPNI notice in order to opt-out; or ( B ) Include within the email containing the CPNI notice a conspicuous link to a Web page that provides to the customer a readily usable opt-out mechanism; ( iii ) Opt-out email notices that are returned to the TRS provider as undeliverable shall be sent to the customer in another form before the TRS provider may consider the customer to have received notice; ( iv ) TRS providers that use email to send CPNI notices shall ensure that the subject line of the message clearly and accurately identifies the subject matter of the email; and ( v ) TRS providers shall make available to every customer a method to opt-out that is of no additional cost to the customer and that is available 24 hours a day, seven days a week. TRS providers may satisfy this requirement through a combination of methods, so long as all customers have the ability to opt-out at no cost and are able to effectuate that choice whenever they choose. ( e ) Notice requirements specific to opt-in. A TRS provider may provide notification to obtain opt-in approval through oral, sign language, written, or electronic methods. The contents of any such notification shall comply with the requirements of paragraph (c) of this section. ( f ) Notice requirements specific to one-time use of CPNI. ( 1 ) TRS providers may use oral, text, or sign language notice to obtain limited, one-time use of CPNI for inbound and outbound customer telephone, TRS, or point-to-point contacts for the duration of the call, regardless of whether TRS providers use opt-out or opt-in approval based on the nature of the contact. ( 2 ) The contents of any such notification shall comply with the requirements of paragraph (c) of this section, except that TRS providers may omit any of the following notice provisions if not relevant to the limited use for which the TRS provider seeks CPNI: ( i ) TRS providers need not advise customers that if they have opted-out previously, no action is needed to maintain the opt-out election; ( ii ) TRS providers need not advise customers that the TRS provider may share CPNI with the TRS provider's affiliates or third parties and need not name those entities, if the limited CPNI usage will not result in use by, or disclosure to, an affiliate or third party; ( iii ) TRS providers need not disclose the means by which a customer can deny or withdraw future access to CPNI, so long as the TRS provider explains to customers that the scope of the approval the TRS provider seeks is limited to one-time use; and ( iv ) TRS providers may omit disclosure of the precise steps a customer must take in order to grant or deny access to CPNI, as long as the TRS provider clearly communicates that the customer can deny access to his or her CPNI for the call. [ 79 FR 40613 , July 5, 2013] § 64.5109 Safeguards required for use of customer proprietary network information. ( a ) TRS providers shall implement a system by which the status of a customer's CPNI approval can be clearly established prior to the use of CPNI. Except as provided for in §§ 64.5105 and 64.5108(f) of this subpart , TRS providers shall provide access to and shall require all personnel, including any agents, contractors, and subcontractors, who have contact with customers to verify the status of a customer's CPNI approval before using, disclosing, or permitting access to the customer's CPNI. ( b ) TRS providers shall train their personnel, including any agents, contractors, and subcontractors, as to when they are and are not authorized to use CPNI, including procedures for verification of the status of a customer's CPNI approval. TRS providers shall have an express disciplinary process in place, including in the case of agents, contractors, and subcontractors, a right to cancel the applicable contract(s) or otherwise take disciplinary action. ( c ) TRS providers shall maintain a record, electronically or in some other manner, of their own and their affiliates' sales and marketing campaigns that use their customers' CPNI. All TRS providers shall maintain a record of all instances where CPNI was disclosed or provided to third parties, or where third parties were allowed access to CPNI. The record shall include a description of each campaign, the specific CPNI that was used in the campaign, including the customer's name, and what products and services were offered as a part of the campaign. TRS providers shall retain the record for a minimum of three years. ( d ) TRS providers shall establish a supervisory review process regarding TRS provider compliance with the rules in this subpart for outbound marketing situations and maintain records of TRS provider compliance for a minimum period of three years. Sales personnel must obtain supervisory approval of any proposed outbound marketing request for customer approval. ( e ) A TRS provider shall have an officer, as an agent of the TRS provider, sign and file with the Commission a compliance certification on an annual basis. The officer shall state in the certification that he or she has personal knowledge that the company has established operating procedures that are adequate to ensure compliance with the rules in this subpart. The TRS provider must provide a statement accompanying the certification explaining how its operating procedures ensure that it is or is not in compliance with the rules in this subpart. In addition, the TRS provider must include an explanation of any actions taken against data brokers, a summary of all customer complaints received in the past year concerning the unauthorized release of CPNI, and a report detailing all instances where the TRS provider, or its agents, contractors, or subcontractors, used, disclosed, or permitted access to CPNI without complying with the procedures specified in this subpart. In the case of iTRS providers, this filing shall be included in the annual report filed with the Commission pursuant to § 64.606(g) of this part for data pertaining to the previous year. In the case of all other TRS providers, this filing shall be made annually with the Disability Rights Office of the Consumer and Governmental Affairs Bureau on or before March 1 in CG Docket No. 03-123 for data pertaining to the previous calendar year. ( f ) TRS providers shall provide written notice within five business days to the Disability Rights Office of the Consumer and Governmental Affairs Bureau of the Commission of any instance where the opt-out mechanisms do not work properly, to such a degree that consumers' inability to opt-out is more than an anomaly. ( 1 ) The notice shall be in the form of a letter, and shall include the TRS provider's name, a description of the opt-out mechanism(s) used, the problem(s) experienced, the remedy proposed and when it will be/was implemented, whether the relevant state commission(s) has been notified, if applicable, and whether the state commission(s) has taken any action, a copy of the notice provided to customers, and contact information. ( 2 ) Such notice shall be submitted even if the TRS provider offers other methods by which consumers may opt-out. [ 79 FR 40613 , July 5, 2013] § 64.5110 Safeguards on the disclosure of customer proprietary network information. ( a ) Safeguarding CPNI. TRS providers shall take all reasonable measures to discover and protect against attempts to gain unauthorized access to CPNI. TRS providers shall authenticate a customer prior to disclosing CPNI based on a customer-initiated telephone contact, TRS call, point-to-point call, online account access, or an in-store visit. ( b ) Telephone, TRS, and point-to-point access to CPNI. A TRS provider shall authenticate a customer without the use of readily available biographical information, or account information, prior to allowing the customer telephonic, TRS, or point-to-point access to CPNI related to his or her TRS account. Alternatively, the customer may obtain telephonic, TRS, or point-to-point access to CPNI related to his or her TRS account through a password, as described in paragraph (e) of this section. ( c ) Online access to CPNI. A TRS provider shall authenticate a customer without the use of readily available biographical information, or account information, prior to allowing the customer online access to CPNI related to his or her TRS account. Once authenticated, the customer may only obtain online access to CPNI related to his or her TRS account through a password, as described in paragraph (e) of this section. ( d ) In-store access to CPNI. A TRS provider may disclose CPNI to a customer who, at a TRS provider's retail location, first presents to the TRS provider or its agent a valid photo ID matching the customer's account information. ( e ) Establishment of a password and back-up authentication methods for lost or forgotten passwords. To establish a password, a TRS provider shall authenticate the customer without the use of readily available biographical information, or account information. TRS providers may create a back-up customer authentication method in the event of a lost or forgotten password, but such back-up customer authentication method may not prompt the customer for readily available biographical information, or account information. If a customer cannot provide the correct password or the correct response for the back-up customer authentication method, the customer shall establish a new password as described in this paragraph. ( f ) Notification of account changes. TRS providers shall notify customers immediately whenever a password, customer response to a back-up means of authentication for lost or forgotten passwords, online account, or address of record is created or changed. This notification is not required when the customer initiates service, including the selection of a password at service initiation. This notification may be through a TRS provider-originated voicemail, text message, or video mail to the telephone number of record, by mail to the physical address of record, or by email to the email address of record, and shall not reveal the changed information or be sent to the new account information. [ 79 FR 40613 , July 5, 2013] § 64.5111 Notification of customer proprietary network information security breaches. Cross Reference Link to an amendment published at 89 FR 10003 , Feb. 12, 2024. ( a ) A TRS provider shall notify law enforcement of a breach of its customers' CPNI as provided in this section. The TRS provider shall not notify its customers or disclose the breach publicly, whether voluntarily or under state or local law or these rules, until it has completed the process of notifying law enforcement pursuant to paragraph (b) of this section. The TRS provider shall file a copy of the notification with the Disability Rights Office of the Consumer and Governmental Affairs Bureau at the same time as when the TRS provider notifies the customers. ( b ) As soon as practicable, and in no event later than seven (7) business days, after reasonable determination of the breach, the TRS provider shall electronically notify the United States Secret Service (USSS) and the Federal Bureau of Investigation (FBI) through a central reporting facility. The Commission will maintain a link to the reporting facility at http://www.fcc.gov/eb/cpni . ( 1 ) Notwithstanding any state law to the contrary, the TRS provider shall not notify customers or disclose the breach to the public until 7 full business days have passed after notification to the USSS and the FBI except as provided in paragraphs (b)(2) and (3) of this section. ( 2 ) If the TRS provider believes that there is an extraordinarily urgent need to notify any class of affected customers sooner than otherwise allowed under paragraph (b)(1) of this section, in order to avoid immediate and irreparable harm, it shall so indicate in its notification and may proceed to immediately notify its affected customers only after consultation with the relevant investigating agency. The TRS provider shall cooperate with the relevant investigating agency's request to minimize any adverse effects of such customer notification. ( 3 ) If the relevant investigating agency determines that public disclosure or notice to customers would impede or compromise an ongoing or potential criminal investigation or national security, such agency may direct the TRS provider not to so disclose or notify for an initial period of up to 30 days. Such period may be extended by the agency as reasonably necessary in the judgment of the agency. If such direction is given, the agency shall notify the TRS provider when it appears that public disclosure or notice to affected customers will no longer impede or compromise a criminal investigation or national security. The agency shall provide in writing its initial direction to the TRS provider, any subsequent extension, and any notification that notice will no longer impede or compromise a criminal investigation or national security and such writings shall be contemporaneously logged on the same reporting facility that contains records of notifications filed by TRS providers. ( c ) Customer notification. After a TRS provider has completed the process of notifying law enforcement pursuant to paragraph (b) of this section, and consistent with the waiting requirements specified in paragraph (b) of this section, the TRS provider shall notify its customers of a breach of those customers' CPNI. ( d ) Recordkeeping. All TRS providers shall maintain a record, electronically or in some other manner, of any breaches discovered, notifications made to the USSS and the FBI pursuant to paragraph (b) of this section, and notifications made to customers. The record must include, if available, dates of discovery and notification, a detailed description of the CPNI that was the subject of the breach, and the circumstances of the breach. TRS providers shall retain the record for a minimum of 2 years. ( e ) Definition. As used in this section, a “breach” has occurred when a person, without authorization or exceeding authorization, has intentionally gained access to, used, or disclosed CPNI. ( f ) This section does not supersede any statute, regulation, order, or interpretation in any State, except to the extent that such statute, regulation, order, or interpretation is inconsistent with the provisions of this section, and then only to the extent of the inconsistency. [ 78 FR 40613 , July 5, 2013] Subpart FF—Inmate Calling Services Source: 78 FR 67975 , Nov. 13, 2013, unless otherwise noted. § 64.6000 Definitions. As used in this subpart: ( a ) Ancillary Service Charge means any charge Consumers may be assessed for, or in connection with, the interstate or international use of Inmate Calling Services that are not included in the per-minute charges assessed for such individual calls. Ancillary Service Charges that may be assessed are limited only to those listed in paragraphs (a)(1) through (5) of this section. All other Ancillary Service Charges are prohibited. For purposes of this definition, “interstate” includes any Jurisdictionally Mixed Charge, as defined in paragraph (u) of this section. ( 1 ) Automated Payment Fees means credit card payment, debit card payment, and bill processing fees, including fees for payments made by interactive voice response (IVR), web, or kiosk; ( 2 ) Fees for Single-Call and Related Services means billing arrangements whereby an Inmate's collect calls are billed through a third party on a per-call basis, where the called party does not have an account with the Provider of Inmate Calling Services or does not want to establish an account; ( 3 ) Live Agent Fee means a fee associated with the optional use of a live operator to complete Inmate Calling Services transactions; ( 4 ) Paper Bill/Statement Fees means fees associated with providing customers of Inmate Calling Services an optional paper billing statement; ( 5 ) Third-Party Financial Transaction Fees means the exact fees, with no markup, that Providers of Inmate Calling Services are charged by third parties to transfer money or process financial transactions to facilitate a Consumer's ability to make account payments via a third party. ( b ) Authorized Fee means a government authorized, but discretionary, fee which a Provider must remit to a federal, state, or local government, and which a Provider is permitted, but not required, to pass through to Consumers for or in connection with interstate or international Inmate Calling Service. An Authorized Fee may not include a markup, unless the markup is specifically authorized by a federal, state, or local statute, rule, or regulation. ( c ) Average Daily Population (ADP) means the sum of all Inmates in a facility for each day of the preceding calendar year, divided by the number of days in the year. ( d ) Collect Calling means an arrangement whereby the called party takes affirmative action clearly indicating that it will pay the charges associated with a call originating from an Inmate Telephone; ( e ) Consumer means the party paying a Provider of Inmate Calling Services; ( f ) Correctional Facility or Correctional Institution means a Jail or a Prison; ( g ) Debit Calling means a presubscription or comparable service which allows an Inmate, or someone acting on an Inmate's behalf, to fund an account set up through a Provider that can be used to pay for Inmate Calling Services calls originated by the Inmate; ( h ) Flat Rate Calling means a calling plan under which a Provider charges a single fee for an Inmate Calling Services call, regardless of the duration of the call; ( i ) Inmate means a person detained at a Jail or Prison, regardless of the duration of the detention; ( j ) Inmate Calling Service means a service that allows Inmates to make calls to individuals outside the Correctional Facility where the Inmate is being held, regardless of the technology used to deliver the service; ( k ) Inmate Telephone means a telephone instrument, or other device capable of initiating calls, set aside by authorities of a Correctional Facility for use by Inmates; ( l ) International Calls means calls that originate in the United States and terminate outside the United States; ( m ) Jail means a facility of a local, state, or federal law enforcement agency that is used primarily to hold individuals who are; ( 1 ) Awaiting adjudication of criminal charges; ( 2 ) Post-conviction and committed to confinement for sentences of one year or less; or ( 3 ) Post-conviction and awaiting transfer to another facility. The term also includes city, county, or regional facilities that have contracted with a private company to manage day-to-day operations; privately owned and operated facilities primarily engaged in housing city, county or regional Inmates; facilities used to detain individuals, operated directly by the Federal Bureau of Prisons or U.S. Immigration and Customs Enforcement, or pursuant to a contract with those agencies; juvenile detention centers; and secure mental health facilities. ( n ) Mandatory Tax or Mandatory Fee means a fee that a Provider is required to collect directly from consumers, and remit to federal, state, or local governments. A Mandatory Tax or Fee that is passed through to a consumer for, or in connection with, interstate or international Inmate Calling Services may not include a markup, unless the markup is specifically authorized by a federal, state, or local statute, rule, or regulation; ( o ) Per-Call, or Per-Connection Charge means a one-time fee charged to a Consumer at call initiation; ( p ) Prepaid Calling means a presubscription or comparable service in which a Consumer, other than an Inmate, funds an account set up through a Provider of Inmate Calling Services. Funds from the account can then be used to pay for Inmate Calling Services, including calls that originate with an Inmate; ( q ) Prepaid Collect Calling means a calling arrangement that allows an Inmate to initiate an Inmate Calling Services call without having a pre-established billing arrangement and also provides a means, within that call, for the called party to establish an arrangement to be billed directly by the Provider of Inmate Calling Services for future calls from the same Inmate; ( r ) Prison means a facility operated by a territorial, state, or Federal agency that is used primarily to confine individuals convicted of felonies and sentenced to terms in excess of one year. The term also includes public and private facilities that provide outsource housing to other agencies such as the State Departments of Correction and the Federal Bureau of Prisons; and facilities that would otherwise fall under the definition of a Jail but in which the majority of inmates are post-conviction and are committed to confinement for sentences of longer than one year. ( s ) Provider of Inmate Calling Services, or Provider means any communications service provider that provides Inmate Calling Services, regardless of the technology used; ( t ) Site Commission means any form of monetary payment, in-kind payment, gift, exchange of services or goods, fee, technology allowance, or product that a Provider of Inmate Calling Services or affiliate of a Provider of Inmate Calling Services may pay, give, donate, or otherwise provide to an entity that operates a correctional institution, an entity with which the Provider of Inmate Calling Services enters into an agreement to provide Inmate Calling Services, a governmental agency that oversees a correctional facility, the city, county, or state where a facility is located, or an agent of any such facility. ( u ) Jurisdictionally Mixed Charge means any charge Consumers may be assessed for use of Inmate Calling Services that are not included in the per-minute charges assessed for individual calls and that are assessed for, or in connection with, uses of Inmate Calling Service to make such calls that have interstate or international components and intrastate components that are unable to be segregated at the time the charge is incurred. ( v ) Provider-Related Rate Component means the interim per-minute rate specified in either § 64.6030(b) or (c) that Providers at Jails with Average Daily Populations of 1,000 or more Inmates and all Prisons may charge for interstate Collect Calling, Debit Calling, Prepaid Calling, or Prepaid Collect Calling. ( w ) Facility-Related Rate Component means either the Legally Mandated Facility Rate Component or the Contractually Prescribed Facility Rate Component identified in § 64.6030(d) . ( x ) International Destination means the rate zone in which an international call terminates. For countries that have a single rate zone, International Destination means the country in which an international call terminates. ( y ) Controlling Judicial or Administrative Mandate means: ( 1 ) A final court order requiring an incarcerated person to pay restitution; ( 2 ) A fine imposed as part of a criminal sentence; ( 3 ) A fee imposed in connection with a criminal conviction; or ( 4 ) A final court or administrative agency order adjudicating a valid contract between the provider and the account holder, entered into prior to September 30, 2022, that allows or requires that an Inmate Calling Services Provider act in a manner that would otherwise violate § 64.6130 . ( z ) Jurisdiction means: ( 1 ) The state, city, county, or territory where a law enforcement authority is operating or contracting for the operation of a Correctional Facility; or ( 2 ) The United States for a Correctional Facility operated by or under the contracting authority of a Federal law enforcement agency. [ 80 FR 79178 , Dec. 18, 2015, as amended at 81 FR 62825 , Sept. 13, 2016; 85 FR 67461 , Oct. 23, 2020; 86 FR 40731 , July 28, 2021; 87 FR 75514 , Dec. 9, 2022] § 64.6010 [Reserved] § 64.6020 Ancillary Service Charges. ( a ) No Provider of interstate or international Inmate Calling Services shall charge an Ancillary Service Charge other than those permitted charges listed in § 64.6000(a) . ( b ) No Provider shall charge a rate for a permitted Ancillary Service Charge in excess of: ( 1 ) For Automated Payment Fees—$3.00 per use; ( 2 ) For Single-Call and Related Services—when the transaction is paid for through an automated payment system, $3.00 per transaction, plus the effective, per-minute rate; or when the transaction is paid via a live agent, $5.95 per transaction, plus the effective, per-minute rate; ( 3 ) For Live Agent Fee—$5.95 per use; ( 4 ) For Paper Bill/Statement Fee—$2.00 per use; ( 5 ) For Third-Party Financial Transaction Fees—when the transaction is paid through an automated payment system, $3.00 per transaction; or when the transaction is paid via a live agent, $5.95 per transaction. [ 80 FR 79179 , Dec. 18, 2015, as amended at 85 FR 67462 , Oct. 23, 2020; 86 FR 40731 , July 28, 2021; 87 FR 75515 , Dec. 9, 2022] § 64.6030 Inmate Calling Services interim rate caps. ( a ) For all Jails with Average Daily Populations of less than 1,000 Inmates, no Provider shall charge a rate for interstate Collect Calling, Debit Calling, Prepaid Calling, or Prepaid Collect Calling in excess of $0.21 per minute. ( b ) For all Jails with Average Daily Populations of Inmates of 1,000 or greater, no Provider shall charge a Provider-Related Rate Component for interstate Collect Calling, Debit Calling, Prepaid Calling, or Prepaid Collect Calling in excess of $0.14 per minute. ( c ) For all Prisons, no Provider shall charge a Provider-Related Rate Component for interstate Collect Calling, Debit Calling, Prepaid Calling, or Prepaid Collect Calling in excess of $0.12 per minute. ( d ) For all Jails with Average Daily Populations of Inmates of 1,000 or greater, and for all Prisons, Providers may recover the applicable Facility-Related Rate Component as follows: ( 1 ) Providers subject to an obligation to pay Site Commissions by state statutes or laws and regulations that are adopted pursuant to state administrative procedure statutes where there is notice and an opportunity for public comment such as by a state public utility commission or similar regulatory body with jurisdiction to establish inmate calling services rates, terms, and conditions and that operate independently of the contracting process between Correctional Institutions and Providers, may recover the full amount of such payments through the Legally Mandated Facility Rate Component subject to the limitation that the total rate (Provider-Related Rate Component plus Facility-Related Rate Component) does not exceed $0.21 per minute. ( 2 ) Providers that pay Site Commissions pursuant to a contract with the Jail or Prison may recover up to $0.02 per minute through the Contractually Prescribed Facility Rate Component except where the Provider's total Contractually Prescribed Facility Rate Component results in a lower per-minute rate than $0.02 per minute of use. In that case, the Provider's Contractually Prescribed Facility Rate Component is limited to the actual amount of its per-minute Site Commission payment up to a maximum of $0.02 per minute. Providers shall calculate their Contractually Prescribed Facility Rate Component to three decimal places. ( e ) No Provider shall charge, in any Prison or Jail it serves, a per-minute rate for an International Call in excess of the applicable interstate rate cap set forth in paragraphs (a) , (b) , (c) , and (d) of this section plus the average amount that the provider paid its underlying international service providers for calls to the International Destination of that call, on a per-minute basis. A Provider shall determine the average amount paid for calls to each International Destination for each calendar quarter and shall adjust its maximum rates based on such determination within one month of the end of each calendar quarter. [ 86 FR 40731 , July 28, 2021] § 64.6040 Communications access for incarcerated people with communication disabilities. ( a ) A Provider shall provide incarcerated people access to TRS and related communication services as described in this section, except where the correctional authority overseeing a facility prohibits such access. ( b ) ( 1 ) A Provider shall provide access for incarcerated people with communication disabilities to Traditional (TTY-Based) TRS and STS. ( 2 ) Beginning January 1, 2024, a Provider serving a correctional facility in any jurisdiction with an Average Daily Population of 50 or more incarcerated persons shall: ( i ) Where broadband internet access service is available, provide access to any form of TRS (in addition to Traditional TRS and STS) that is eligible for TRS Fund support (except that a Provider need not provide access to non-internet Protocol Captioned Telephone Service in any facility where it provides access to IP CTS); and ( ii ) Where broadband internet access service is available, provide access to a point-to-point video service, as defined in § 64.601(a)(33) , that allows communication in American Sign Language (ASL) with other ASL users; and ( iii ) Where broadband internet access service is not available, provide access to non-internet Protocol Captioned Telephone Service, in addition to Traditional TRS and STS. ( c ) As part of its obligation to provide access to TRS, a Provider shall: ( 1 ) Make all necessary contractual and technical arrangements to ensure that, consistent with the security needs of a Correctional Facility, incarcerated individuals eligible to use TRS can access at least one certified Provider of each form of TRS required by this section; ( 2 ) Work with correctional authorities, equipment vendors, and TRS providers to ensure that screen-equipped communications devices such as tablets, smartphones, or videophones are available to incarcerated people who need to use TRS for effective communication, and all necessary TRS provider software applications are included, with any adjustments needed to meet the security needs of the institution, provide compatibility with institutional communication systems, and allow operability over the Inmate Calling Services Provider's network; ( 3 ) Provide any assistance needed by TRS providers in collecting the registration information and documentation required by § 64.611 from incarcerated users and correctional authorities; and ( 4 ) When an incarcerated person who has individually registered to use VRS, IP Relay, or IP CTS is released from incarceration or transferred to another correctional authority, notify the TRS provider(s) with which the incarcerated person has registered. ( d ) ( 1 ) Except as provided in this paragraph (d) , no Provider shall levy or collect any charge or fee on or from any party to a TRS call to or from an incarcerated person, or any charge for the use of a device or transmission service when used to access TRS from a Correctional Facility. ( 2 ) When providing access to IP CTS or CTS, a Provider may assess a charge for such IP CTS or CTS call that does not exceed the charge levied or collected by the Provider for a voice telephone call of the same duration, distance, Jurisdiction, and time-of-day placed to or from an individual incarcerated at the same Correctional Facility. ( 3 ) When providing access to a point-to-point video service, as defined in § 64.601(a)(33) , for incarcerated individuals with communication disabilities who can use ASL, the total charges or fees that a Provider levies on or collects from any party to such point-to-point video call, including any charge for the use of a device or transmission service, shall not exceed the charge levied or collected by the Provider for a voice telephone call of the same duration, distance, Jurisdiction, and time-of-day placed to or from an individual incarcerated at the same Correctional Facility. ( 4 ) No Provider shall levy or collect any charge in excess of 25 percent of the applicable per-minute rate for TTY-to-TTY calls when such calls are associated with Inmate Calling Services. [ 87 FR 75515 , Dec. 9, 2022] § 64.6050 Billing-related call blocking. No Provider shall prohibit or prevent completion of an interstate or international Collect Calling call or decline to establish or otherwise degrade interstate or international Collect Calling solely for the reason that it lacks a billing relationship with the called party's communications service provider, unless the Provider offers Debit Calling, Prepaid Calling, or Prepaid Collect Calling for interstate and international calls. [ 85 FR 67462 , Oct. 23, 2020] § 64.6060 Annual reporting and certification requirement. Cross Reference Link to an amendment published at 89 FR 8549 , Feb. 8, 2024. ( a ) Providers must submit a report to the Commission, by April 1st of each year, regarding interstate, intrastate, and international Inmate Calling Services for the prior calendar year. The report shall be categorized both by facility type and size and shall contain: ( 1 ) Current interstate, intrastate, and international rates for Inmate Calling Services; ( 2 ) Current Ancillary Service Charge amounts and the instances of use of each; ( 3 ) The Monthly amount of each Site Commission paid; ( 4 ) [Reserved] ( 5 ) The number of TTY-based Inmate Calling Services calls provided per facility during the reporting period; ( 6 ) The number of dropped calls the reporting Provider experienced with TTY-based calls; and ( 7 ) The number of complaints that the reporting Provider received related to e.g., dropped calls, poor call quality and the number of incidences of each by TTY and TRS users. ( b ) An officer or director of the reporting Provider must certify that the reported information and data are accurate and complete to the best of his or her knowledge, information, and belief. [ 80 FR 79179 , Dec. 18, 2015, as amended at 85 FR 67462 , Oct. 23, 2020; 87 FR 75515 , Dec. 9, 2022; 89 FR 8549 , Feb. 8, 2024] § 64.6070 Taxes and fees. No Provider shall charge any taxes or fees to users of Inmate Calling Services for, or in connection with, interstate or international calls, other than those permitted under § 64.6020 , and those defined as Mandatory Taxes, Mandatory Fees, or Authorized Fees. [ 85 FR 67462 , Oct. 23, 2020] § 64.6080 Per-Call or Per-Connection Charges. No Provider shall impose a Per-Call or Per-Connection Charge on a Consumer for any interstate or international calls. [ 85 FR 67462 , Oct. 23, 2020] § 64.6090 Flat-Rate Calling. No Provider shall offer Flat-Rate Calling for interstate or international Inmate Calling Services. [ 85 FR 67462 , Oct. 23, 2020] § 64.6100 Minimum and maximum Prepaid Calling account balances. ( a ) No Provider shall institute a minimum balance requirement for a Consumer to use Debit or Prepaid Calling for interstate or international calls. ( b ) No Provider shall prohibit a consumer from depositing at least $50 per transaction to fund a Debit or Prepaid Calling account that can be used for interstate or international calls. [ 85 FR 67462 , Oct. 23, 2020] § 64.6110 Consumer disclosure of Inmate Calling Services rates. ( a ) Providers must clearly, accurately, and conspicuously disclose their interstate, intrastate, and international rates and Ancillary Service Charges to consumers on their websites or in another reasonable manner readily available to consumers. In connection with international rates, providers shall also separately disclose the rate component for terminating calls to each country where that provider terminates International Calls. ( b ) Providers must clearly label the Facility-Related Rate Component (either the Legally Mandated Facility Rate Component or the Contractually Prescribed Facility Rate Component) identified in § 64.6030(d) as a separate line item on Consumer bills for the recovery of permissible facility-related costs contained in Site Commission payments. To be clearly labeled, the Facility-Related Rate Component shall: ( 1 ) Identify the Provider's obligation to pay a Site Commission as either imposed by state statutes or laws or regulations that are adopted pursuant to state administrative procedure statutes where there is notice and an opportunity for public comment that operates independently of the contracting process between Correctional Institutions and Providers or subject to a contract with the Correctional Facility; ( 2 ) Where the Site Commission is imposed by state statute, or law or regulation adopted pursuant to state administrative procedure statutes where there is notice and an opportunity for public comment and that operates independently of the contracting process between Correctional Institutions and Providers, specify the relevant statute, law, or regulation. ( 3 ) Identify the amount of the Site Commission payment, expressed as a per-minute or per-call charge, a percentage of revenue, or a flat fee; and ( 4 ) Identify the amount charged to the Consumer for the call or calls on the bill. ( c ) Providers must clearly label all charges for International Calls in § 64.6030(e) as a separate line item on Consumer bills. To be clearly labeled, providers must identify the amount charged to the Consumer for the International Call, including the costs paid by the provider to its underlying international providers to terminate the International Call to the international destination of the call. [ 87 FR 40732 , July 28, 2021, as amended at 87 FR 7956 , Feb. 11, 2022] § 64.6120 Waiver process. ( a ) A Provider may seek a waiver of the interim rate caps established in § 64.6030 and the Ancillary Service Charge fee caps on a Correctional Facility or contract basis if the interstate or international rate caps or Ancillary Service Charge fee caps prevent the Provider from recovering the costs of providing interstate or international Inmate Calling Services at a Correctional Facility or at the Correctional Facilities covered by a contract. ( b ) At a minimum, a Provider seeking such a waiver is required to submit: ( 1 ) The Provider's total company costs, including the nonrecurring costs of the assets it uses to provide Inmate Calling Services, and its recurring operating expenses for these services at the Correctional Facility or under the contract; ( 2 ) The methods the provider used to identify its direct costs of providing interstate and international Inmate Calling Services, to allocate its indirect costs between its Inmate Calling Services and other operations, and to assign its direct costs to and allocate its indirect costs among its Inmate Calling Services contracts and Correctional Facilities; ( 3 ) The Provider's demand for interstate and international Inmate Calling Services at the Correctional Facility or at each Correctional Facility covered by the contract; ( 4 ) The revenue or other compensation the Provider receives from the provision interstate and international Inmate Calling Services, including the allowable portion of any permissible Ancillary Service Charges attributable to interstate or international inmate calling services, at the Correctional Facility or at each Correctional Facility covered by the contract; ( 5 ) A complete and unredacted copy of the contract for the Correctional Facility or Correctional Facilities, and any amendments to such contract; ( 6 ) Copies of the initial request for proposals and any amendments thereto, the Provider's bid in response to that request, and responses to any amendments (or a statement that the Provider no longer has access to those documents because they were executed prior to the date this section is codified. ( 7 ) A written explanation of how and why the circumstances associated with that Correctional Facility or contract differ from the circumstances at similar Correctional Facilities the Provider serves, and from other Correctional Facilities covered by the same contract, if applicable; and ( 8 ) An attestation from a company officer with knowledge of the underlying information that all of the information the provider submits in support of its waiver request is complete and correct. ( c ) A Provider seeking a waiver pursuant to paragraph (a) of this section must provide any additional information requested by the Commission during the course of its review. [ 87 FR 40732 , July 28, 2021, as amended at 87 FR 7956 , Feb. 11, 2022] § 64.6130 Interim protections of consumer funds in inactive accounts. ( a ) All funds deposited into a debit calling or prepaid calling account that can be used to pay for interstate or international Inmate Calling Services or associated ancillary services shall remain the property of the account holder unless or until the funds are either: ( 1 ) Used to pay for products or services purchased by the account holder or the incarcerated person for whose benefit the account was established; ( 2 ) Disposed of in accordance with a Controlling Judicial or Administrative Mandate; or ( 3 ) Disposed of in accordance with applicable state law requirements, including, but not limited to, requirements governing unclaimed property. ( b ) No provider may seize or otherwise dispose of unused funds in a debit calling or prepaid calling account until at least 180 calendar days of continuous account inactivity has passed, or at the end of any alternative period set by state law, except as provided in paragraph (a) of this section or through a refund to the customer. ( c ) The 180-day period, or alternative period set by state law, must be continuous. Any of the following actions by the account holder or the incarcerated person for whose benefit the account was established ends the period of inactivity and restarts the 180-day period: ( 1 ) Depositing, crediting, or otherwise adding funds to an account; ( 2 ) Withdrawing, spending, debiting, transferring, or otherwise removing funds from an account; or ( 3 ) Expressing an interest in retaining, receiving, or transferring the funds in an account, or otherwise attempting to exert or exerting ownership or control over the account or the funds held within the account. ( d ) After 180 days of continuous account inactivity have passed, or at the end of any alternative period set by state law, the provider must make reasonable efforts to refund the balance in the account to the account holder. ( e ) If a provider's reasonable efforts to refund the balance of the account fail, the provider must treat the remaining funds in accordance with applicable state consumer protection law requirements concerning unclaimed funds or the disposition of such funds. [ 87 FR 75515 , Dec. 9, 2022] Subpart GG—National Deaf-Blind Equipment Distribution Program Source: 81 FR 65975 , Sept. 26, 2016, unless otherwise noted. § 64.6201 Purpose. The National Deaf-Blind Equipment Distribution Program (NDBEDP) is established to support programs that distribute Equipment to low-income individuals who are deaf-blind. § 64.6203 Definitions. For purposes of this subpart, the following definitions shall apply: ( a ) Covered Services. Telecommunications service, Internet access service, and advanced communications services, including interexchange services and advanced telecommunications and information services. ( b ) Equipment. Hardware, software, and applications, whether separate or in combination, mainstream or specialized, needed by an individual who is deaf-blind to achieve access to Covered Services. ( c ) Individual who is deaf-blind. ( 1 ) Any individual: ( i ) Who has a central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than 20 degrees, or a progressive visual loss having a prognosis leading to one or both these conditions; ( ii ) Who has a chronic hearing impairment so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and ( iii ) For whom the combination of impairments described in paragraphs (c)(1)(i) and (ii) of this section cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining a vocation. ( 2 ) An individual's functional abilities with respect to using Covered Services in various environments shall be considered when determining whether the individual is deaf-blind under paragraphs (c)(1)(ii) and (iii) of this section. ( 3 ) The definition in this paragraph (c) also includes any individual who, despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints, or both, can be determined through functional and performance assessment to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining vocational objectives. ( d ) Specialized customer premises equipment means equipment employed on the premises of a person, which is commonly used by individuals with disabilities to achieve access to Covered Services. ( e ) TRS Fund Administrator. The entity selected by the Commission to administer the Interstate Telecommunications Relay Service Fund (TRS Fund) established pursuant to subpart F. § 64.6205 Administration of the program. The Consumer and Governmental Affairs Bureau shall designate a Commission official as the NDBEDP Administrator to ensure the effective, efficient, and consistent administration of the program, determine annual funding allocations and reallocations, and review reimbursement claims to ensure that the claimed costs are consistent with the NDBEDP rules. § 64.6207 Certification to receive funding. For each state, including the District of Columbia and U.S. territories, the Commission will certify a single program as the sole entity authorized to receive reimbursement for NDBEDP activities from the TRS Fund. Such entity will have full responsibility for distributing equipment and providing related services, such as outreach, assessments, installation, and training, in that state, either directly or through collaboration, partnership, or contract with other individuals or entities in-state or out-of-state, including other NDBEDP certified programs. ( a ) Eligibility for certification. Public or private entities, including, but not limited to, equipment distribution programs, vocational rehabilitation programs, assistive technology programs, schools for the deaf, blind, or deaf-blind, organizational affiliates, independent living centers, or private educational facilities, may apply to the Commission for certification. ( b ) When to apply. Applications for certification shall be filed: ( 1 ) Within 60 days after the effective date of this section; ( 2 ) At least one year prior to the expiration of a program's certification; ( 3 ) Within 30 days after public notice of a program's relinquishment of certification; and ( 4 ) If an application deadline is extended or a vacancy exists for other reasons than relinquishment or expiration of a certification, within the time period specified by public notice. ( c ) Qualifications. Applications shall contain sufficient detail to demonstrate the entity's ability to meet all criteria required for certification and a commitment to comply with all Commission requirements governing the NDBEDP. The Commission shall review applications and determine whether to grant certification based on the ability of an entity to meet the following qualifications, either directly or in coordination with other programs or entities, as evidenced in the application and any supplemental materials, including letters of recommendation: ( 1 ) Expertise in the field of deaf-blindness, including familiarity with the culture and etiquette of individuals who are deaf-blind; ( 2 ) The ability to communicate effectively with individuals who are deaf-blind (for training and other purposes), by among other things, using sign language, providing materials in Braille, ensuring that information made available online is accessible, and using other assistive technologies and methods to achieve effective communication; ( 3 ) Administrative and financial management experience; ( 4 ) Staffing and facilities sufficient to administer the program, including the ability to distribute equipment and provide related services to low-income individuals who are deaf-blind throughout the state, including those in remote areas; ( 5 ) Experience with the distribution of specialized customer premises equipment, especially to individuals who are deaf-blind; ( 6 ) Experience in training consumers on how to use Equipment and how to set up Equipment for its effective use; ( 7 ) Familiarity with Covered Services; and, ( 8 ) If the applicant is seeking renewal of certification, ability to provide Equipment and related services in compliance with this subpart. ( d ) Conflicts of interest. ( 1 ) An applicant for certification shall disclose in its application any relationship, arrangement, or agreement with a manufacturer or provider of Equipment or related services that poses an actual or potential conflict of interest, as well as the steps the applicant will take to eliminate such actual or potential conflict or to minimize the associated risks. If an applicant learns of a potential or actual conflict while its application is pending, it must immediately disclose such conflict to the Commission. The Commission may reject an application for NDBEDP certification, or may require an applicant, as a condition of certification, to take additional steps to eliminate, or to minimize the risks associated with, an actual or potential conflict of interest, if relationships, arrangements, or agreements affecting the applicant are likely to impede its objectivity in the distribution of Equipment or its ability to comply with NDBEDP requirements. ( 2 ) A certified entity shall disclose to the Commission any relationship, arrangement, or agreement with a manufacturer or provider of Equipment or related services that comes into being or is discovered after certification is granted and that poses an actual or potential conflict of interest, as well as the steps the entity will take to eliminate such actual or potential conflict or to minimize the associated risks, within 30 days after the entity learns or should have learned of such actual or potential conflict of interest. The Commission may suspend or revoke an NDBEDP certification or may require a certified entity, as a condition of continued certification, to take additional steps to eliminate, or to minimize the risks associated with, an actual or potential conflict of interest, if relationships, arrangements, or agreements affecting the entity are likely to impede its objectivity in the distribution of Equipment or its ability to comply with NDBEDP requirements. ( e ) Certification period. Certification granted under this section shall be for a period of five years. A program may apply for renewal of its certification by filing a new application at least one year prior to the expiration of the certification period. If a certified entity is replaced prior to the expiration of the certification period, the successor entity's certification will expire on the date that the replaced entity's certification would have expired. ( f ) Notification of substantive change. A certified program shall notify the Commission within 60 days of any substantive change that bears directly on its ability to meet the qualifications necessary for certification under paragraph (c) of this section. ( g ) Relinquishment of certification. A program wishing to relinquish its certification before its certification expires shall electronically provide written notice of its intent to do so to the NDBEDP Administrator and the TRS Fund Administrator at least 90 days in advance, explaining the reason for such relinquishment and providing its proposed departure date. After receiving such notice, the Commission shall take such steps as may be necessary, consistent with this subpart, to ensure continuity and effective oversight of the NDBEDP for the affected state. ( h ) Suspension or revocation of certification. The Commission may suspend or revoke NDBEDP certification if, after notice and an opportunity to object, the Commission determines that an entity is no longer qualified for certification. Within 30 days after being notified of a proposed suspension or revocation of certification, the reason therefor, and the applicable suspension or revocation procedures, a certified entity may present written arguments and any relevant documentation as to why suspension or revocation of certification is not warranted. Failure to respond to a notice of suspension or revocation within 30 days may result in automatic suspension or revocation of certification. A suspension of certification will remain in effect until the expiration date, if any, or until the fulfillment of conditions stated in a suspension decision. A revocation will be effective for the remaining portion of the current certification period. In the event of suspension or revocation, the Commission shall take such steps as may be necessary, consistent with this subpart, to ensure continuity and effective oversight of the NDBEDP for the affected state. ( i ) [Reserved] ( j ) Certification transitions. When a new entity is certified as a state's program, the previously certified entity shall: ( 1 ) Within 30 days after the new entity is certified, and as a condition precedent to receiving payment for any reimbursement claims pending as of or after the date of certification of the successor entity, ( i ) Transfer to the new entity all NDBEDP data, records, and information for the previous five years, and any Equipment remaining in inventory; ( ii ) Provide notification in accessible formats about the newly-certified state program to state residents who are in the process of obtaining Equipment or related services, or who received Equipment during the previous three-year period; and ( iii ) Inform the NDBEDP Administrator that such transfer and notification have been completed; ( 2 ) Submit all reimbursement claims, reports, audits, and other required information relating to the previously certified entity's provision of Equipment and related services; and ( 3 ) Take all other steps reasonably necessary to ensure an orderly transfer of responsibilities and uninterrupted functioning of the state program. § 64.6209 Eligibility criteria. Before providing Equipment or related services to an individual, a certified program shall verify the individual's eligibility in accordance with this section. ( a ) Verification of disability. A certified program shall require an individual applying for Equipment and related services to provide verification of disability in accordance with paragraph (a)(1) or (2) of this section. ( 1 ) The individual may provide an attestation from a professional with direct knowledge of the individual's disability, either to the best of the professional's knowledge or under penalty of perjury, that the applicant is deaf-blind (as defined in § 64.6203(c) of this part ). Such attestation shall include the attesting professional's full name, title, and contact information, including business name, address, phone number, and email address. Such attestation shall also include the basis of the attesting professional's knowledge that the individual is deaf-blind and may also include information about the individual's functional abilities to use Covered Services in various settings. ( 2 ) The individual may provide existing documentation that the individual is deaf-blind, such as an individualized education program (IEP) or a Social Security determination letter. ( b ) Verification of income eligibility. A certified program shall require an individual applying for Equipment and related services to provide verification that his or her income does not exceed 400 percent of the Federal Poverty Guidelines, as defined in 42 U.S.C. 9902(2) , or that he or she is enrolled in a federal program with an income eligibility requirement that does not exceed 400 percent of the Federal Poverty Guidelines, such as Medicaid, Supplemental Nutrition Assistance Program, Supplemental Security Income, Federal Public Housing Assistance, or Veterans and Survivors Pension Benefit. The NDBEDP Administrator may identify state or other federal programs with income eligibility thresholds that do not exceed 400 percent of the Federal Poverty Guidelines for determining income eligibility for participation in the NDBEDP. When an applicant is not already enrolled in a qualifying low-income program, income eligibility may be verified by the certified program using appropriate and reasonable means. ( c ) Prohibition against requiring employment. No certified program may require, for eligibility, that an applicant be employed or actively seeking employment. ( d ) Availability of Covered Services. A certified program may require an equipment recipient to demonstrate, for eligibility, that a Covered Service that the Equipment is designed to use is available for use by the individual. ( e ) Age. A certified program may not establish eligibility criteria that exclude low-income individuals who are deaf-blind of a certain age from applying for or receiving Equipment if the needs of such individuals are not being met through other available resources. ( f ) Reverification. If an individual who has previously received equipment from a certified program applies to a certified program for additional Equipment or related services one year or more after the individual's income was last verified, the certified program shall re-verify an individual's income eligibility in accordance with paragraph (b) before providing new Equipment or related services. If a certified program has reason to believe that an individual's vision or hearing has improved sufficiently that the individual is no longer eligible for Equipment or related services, the certified program shall require reverification of the individual's disability in accordance with paragraph (a) before providing new Equipment or related services. § 64.6211 Equipment distribution and related services. ( a ) A certified program shall: ( 1 ) Distribute Equipment and provide related services; ( 2 ) Permit the transfer of a recipient's account, records, and any title to and control of the distributed Equipment to another state's certified program when a recipient relocates to another state; ( 3 ) Permit the transfer of a recipient's account, records, and any title to and control of the distributed Equipment from another state's NDBEDP certified program when a recipient relocates to the program's state; ( 4 ) Prohibit recipients from transferring Equipment received under the NDBEDP to another person through sale or otherwise, and if it learns that an individual has unlawfully obtained, sold, or transferred Equipment, take appropriate steps to reclaim the Equipment or its worth; ( 5 ) Include the following or a substantially similar attestation on all consumer application forms: I certify that all information provided on this application, including information about my disability and income, is true, complete, and accurate to the best of my knowledge. I authorize program representatives to verify the information provided. I permit information about me to be shared with my state's current and successor program managers and representatives for the administration of the program and for the delivery of equipment and services to me. I also permit information about me to be reported to the Federal Communications Commission for the administration, operation, and oversight of the program. If I am accepted into the program, I agree to use program services solely for the purposes intended. I understand that I may not sell, give, or lend to another person any equipment provided to me by the program. If I provide any false records or fail to comply with these or other requirements or conditions of the program, program officials may end services to me immediately. Also, if I violate these or other requirements or conditions of the program on purpose, program officials may take legal action against me. I certify that I have read, understand, and accept these conditions to participate in iCanConnect (the National Deaf-Blind Equipment Distribution Program); ( 6 ) Conduct outreach, in accessible formats, to inform state residents about the NDBEDP, which may include the development and maintenance of a program Web site; ( 7 ) Engage an independent auditor to conduct an annual audit, submit a copy of the annual audit to the NDBEDP Administrator, and submit to audits as deemed appropriate by the Commission or its delegated authorities; ( 8 ) Document compliance with all Commission requirements governing the NDBEDP and provide such documentation to the Commission upon request; ( 9 ) Retain all records associated with the distribution of Equipment and provision of related services under the NDBEDP, including records that support reimbursement claims and reports required by §§ 64.6213 and 64.6215 of this part , for a minimum of five years; and ( 10 ) Comply with other applicable provisions of this section. ( b ) A certified program shall not: ( 1 ) Impose restrictions on specific brands, models or types of communications technology that recipients may receive to access Covered Services; or ( 2 ) Disable or hinder the use of, or direct manufacturers or vendors of Equipment to disable or hinder the use of, any capabilities, functions, or features on distributed Equipment that are needed to access Covered Services; ( 3 ) Accept any type of financial arrangement from Equipment vendors that creates improper incentives to purchase particular Equipment. § 64.6213 Payments to NDBEDP certified programs. ( a ) Programs certified under the NDBEDP shall be reimbursed for the cost of Equipment that has been distributed to low-income individuals who are deaf blind and authorized related services, up to the state's funding allocation under this program as determined by the Commission or any entity authorized to act for the Commission on delegated authority. ( b ) Upon certification and at the beginning of each TRS Fund year, state programs may elect to submit reimbursement claims on a monthly, quarterly, or semiannual basis; ( c ) Within 30 days after the end of each reimbursement period during the TRS Fund year, each certified program must submit documentation that supports its claim for reimbursement of the reasonable costs of the following: ( 1 ) Equipment and related expenses, including maintenance, repairs, warranties, returns, refurbishing, upgrading, and replacing Equipment distributed to consumers; ( 2 ) Individual needs assessments; ( 3 ) Installation of Equipment and individualized consumer training; ( 4 ) Maintenance of an inventory of Equipment that can be loaned to consumers during periods of Equipment repair or used for other NDBEDP purposes, such as conducting individual needs assessments; ( 5 ) Outreach efforts to inform state residents about the NDBEDP; ( 6 ) Train-the-trainer activities and programs; ( 7 ) Travel expenses; and ( 8 ) Administrative costs, defined as indirect and direct costs that are not included in other cost categories of this paragraph (c) and that are necessary for the operation of a program, but not to exceed 15 percent of the certified program's funding allocation. ( d ) Documentation will be provided in accordance with claim filing instructions issued by the TRS Fund Administrator. The NDBEDP Administrator and the TRS Fund Administrator may require a certified program to submit supplemental information and documentation when necessary to verify particular claims. ( e ) With each request for payment, the chief executive officer, chief financial officer, or other senior executive of the certified program, such as a manager or director, with first-hand knowledge of the accuracy and completeness of the claim in the request, must certify as follows: I swear under penalty of perjury that I am (name and title), an officer of the above-named reporting entity, and that I have examined all cost data associated with equipment and related services for the claims submitted herein, and that all such data are true and an accurate statement of the business activities conducted pursuant to the NDBEDP by the above-named certified program. § 64.6215 Reporting requirements. ( a ) Every six months, for the periods January through June and July through December, a certified program shall submit data to the Commission in the following categories: ( 1 ) Each Equipment recipient's identity and other relevant characteristics; ( 2 ) Information about the Equipment provided, including costs; ( 3 ) Information about assessments, installation, and training, including costs; ( 4 ) Information about local outreach undertaken, including costs; and ( 5 ) Promptness of service. ( b ) The categories of information to be reported may be supplemented by the Chief, Consumer and Governmental Affairs Bureau, as necessary to further the purposes of the program and prevent fraud, waste, and abuse. Reports are due 60 days after the end of a reporting period. The specific items of information to be reported in each category and the manner in which they are to be reported shall be set forth in instructions issued by the NDBEDP Administrator. ( c ) With each report, the chief executive officer, chief financial officer, or other senior executive of the certified program, such as a director or manager, with first-hand knowledge of the accuracy and completeness of the information provided in the report, must certify as follows: I swear under penalty of perjury that I am (name and title), an officer of the above-named reporting entity, and that the entity has policies and procedures in place to ensure that recipients satisfy the NDBEDP eligibility requirements, that the entity is in compliance with the Commission's NDBEDP rules, that I have examined the foregoing reports and that all requested information has been provided, and all statements of fact are true and an accurate statement of the business activities conducted pursuant to the NDBEDP by the above-named certified program. § 64.6217 Complaints. Complaints against NDBEDP certified programs for alleged violations of this subpart may be either informal or formal. ( a ) Informal complaints. ( 1 ) An informal complaint may be transmitted to the Consumer and Governmental Affairs Bureau by any reasonable means, such as letter, fax, telephone, TTY, email, or the Commission's online complaint filing system. ( 2 ) Content. An informal complaint shall include the name and address of the complainant; the name of the NDBEDP certified program against whom the complaint is made; a statement of facts supporting the complainant's allegation that the NDBEDP certified program has violated or is violating section 719 of the Communications Act or the Commission's rules, or both; the specific relief or satisfaction sought by the complainant; and the complainant's preferred format or method of response to the complaint by the Commission and the NDBEDP certified program, such as by letter, fax, telephone, TTY, or email. ( 3 ) Service. The Commission shall promptly forward any complaint meeting the requirements of this subsection to the NDBEDP certified program named in the complaint and call upon the program to satisfy or answer the complaint within the time specified by the Commission. ( b ) Review and disposition of informal complaints. ( 1 ) Where it appears from the NDBEDP certified program's answer, or from other communications with the parties, that an informal complaint has been satisfied, the Commission may, in its discretion, consider the matter closed. In all other cases, the Commission shall inform the parties of its review and disposition of a complaint filed under this subpart. Where practicable, this information shall be transmitted to the complainant and NDBEDP certified program in the manner requested by the complainant. ( 2 ) A complainant unsatisfied with the NDBEDP certified program's response to the informal complaint and the Commission's disposition of the informal complaint may file a formal complaint with the Commission pursuant to paragraph (c) of this section. ( c ) Formal complaints. Formal complaints against an NDBEDP certified program may be filed in the form and in the manner prescribed under §§ 1.720 through 1.740 of this chapter . Commission staff may grant waivers of, or exceptions to, particular requirements under §§ 1.720 through 1.740 of this chapter for good cause shown; provided, however, that such waiver authority may not be exercised in a manner that relieves, or has the effect of relieving, a complainant of the obligation under §§ 1.721 and 1.722 of this chapter to allege facts which, if true, are sufficient to constitute a violation or violations of section 719 of the Communications Act or this subpart. ( d ) Actions by the Commission on its own motion. The Commission may on its own motion conduct such inquiries and hold such proceedings as it may deem necessary to enforce the requirements of this subpart and section 719 of the Communications Act. The procedures to be followed by the Commission shall, unless specifically prescribed by the Communications Act and the Commission's rules, be such as in the opinion of the Commission will best serve the purposes of such inquiries and proceedings. [ 81 FR 65975 , Sept. 26, 2016, as amended at 83 FR 44843 , Sept.4, 2018] § 64.6219 Whistleblower protections. ( a ) NDBEDP certified programs shall permit, without reprisal in the form of an adverse personnel action, purchase or contract cancellation or discontinuance, eligibility disqualification, or otherwise, any current or former employee, agent, contractor, manufacturer, vendor, applicant, or recipient, to disclose to a designated official of the certified program, the NDBEDP Administrator, the TRS Fund Administrator, the Commission, or to any federal or state law enforcement entity, any known or suspected violations of the Communications Act or Commission rules, or any other activity that the reporting person reasonably believes to be unlawful, wasteful, fraudulent, or abusive, or that otherwise could result in the improper distribution of Equipment, provision of services, or billing to the TRS Fund. ( b ) NDBEDP certified programs shall include these whistleblower protections with the information they provide about the program in any employee handbooks or manuals, on their Web sites, and in other appropriate publications. Subpart HH—Caller ID Authentication Source: 85 FR 22043 , Apr. 21, 2020, unless otherwise noted. § 64.6300 Definitions. ( a ) Authenticate caller identification information. The term “authenticate caller identification information” refers to the process by which a voice service provider attests to the accuracy of caller identification information transmitted with a call it originates. ( b ) Caller identification information. The term “caller identification information” has the same meaning given the term “caller identification information” in 47 CFR 64.1600(c) as it currently exists or may hereafter be amended. ( c ) Foreign voice service provider. The term “foreign voice service provider” refers to any entity providing voice service outside the United States that has the ability to originate voice service that terminates in a point outside that foreign country or terminate voice service that originates from points outside that foreign country. ( d ) Gateway provider. The term “gateway provider” means a U.S.-based intermediate provider that receives a call directly from a foreign originating provider or foreign intermediate provider at its U.S.-based facilities before transmitting the call downstream to another U.S.-based provider. For purposes of this paragraph (d) : ( 1 ) U.S.-based means that the provider has facilities located in the United States, including a point of presence capable of processing the call; and ( 2 ) Receives a call directly from a provider means the foreign provider directly upstream of the gateway provider in the call path sent the call to the gateway provider, with no providers in-between. ( e ) Governance Authority. The term “Governance Authority” refers to the Secure Telephone Identity Governance Authority, the entity that establishes and governs the policies regarding the issuance, management, and revocation of Service Provider Code (SPC) tokens to intermediate providers and voice service providers. ( f ) Industry traceback consortium. The term “industry traceback consortium” refers to the consortium that conducts private-led efforts to trace back the origin of suspected unlawful robocalls as selected by the Commission pursuant to § 64.1203 . ( g ) Intermediate provider. The term “intermediate provider” means any entity that carries or processes traffic that traverses or will traverse the public switched telephone network at any point insofar as that entity neither originates nor terminates that traffic. ( h ) Non-facilities-based small voice service provider. The term “non-facilities-based small voice service provider” means a small voice service provider that is offering voice service to end-users solely using connections that are not sold by the provider or its affiliates. ( i ) Non-gateway intermediate provider. The term “non-gateway intermediate provider” means any entity that is an intermediate provider as that term is defined by paragraph (g) of this section that is not a gateway provider as that term is defined by paragraph (d) of this section. ( j ) Robocall Mitigation Database. The term “Robocall Mitigation Database” refers to a database accessible via the Commission's website that lists all entities that make filings pursuant to § 64.6305(b) . ( k ) SIP call. The term “SIP call” refers to calls initiated, maintained, and terminated using the Session Initiation Protocol signaling protocol. ( l ) SPC token. The term “SPC token” refers to the Service Provider Code token, an authority token validly issued to an intermediate provider or voice service provider that allows the provider to authenticate and verify caller identification information consistent with the STIR/SHAKEN authentication framework in the United States. ( m ) STIR/SHAKEN authentication framework. The term “STIR/SHAKEN authentication framework” means the secure telephone identity revisited and signature-based handling of asserted information using tokens standards. ( n ) Verify caller identification information. The term “verify caller identification information” refers to the process by which a voice service provider confirms that the caller identification information transmitted with a call it terminates was properly authenticated. ( o ) Voice service. The term “voice service”— ( 1 ) Means any service that is interconnected with the public switched telephone network and that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor to the North American Numbering Plan adopted by the Commission under section 251(e)(1) of the Communications Act of 1934, as amended; and ( 2 ) Includes— ( i ) Transmissions from a telephone facsimile machine, computer, or other device to a telephone facsimile machine; and ( ii ) Without limitation, any service that enables real-time, two-way voice communications, including any service that requires internet Protocol-compatible customer premises equipment and permits out-bound calling, whether or not the service is one-way or two-way voice over internet Protocol. [ 85 FR 22043 , Apr. 21, 2020, as amended at 85 FR 73394 , Nov. 17, 2020; 87 FR 3693 , Jan. 25, 2022; 87 FR 42946 , July 18, 2022; 88 FR 40117 , June 21, 2023] § 64.6301 Caller ID authentication. ( a ) STIR/SHAKEN implementation by voice service providers. Except as provided in §§ 64.6304 and 64.6306 , not later than June 30, 2021, a voice service provider shall fully implement the STIR/SHAKEN authentication framework in its internet Protocol networks. To fulfill this obligation, a voice service provider shall: ( 1 ) Authenticate and verify caller identification information for all SIP calls that exclusively transit its own network; ( 2 ) Authenticate caller identification information for all SIP calls it originates and that it will exchange with another voice service provider or intermediate provider and, to the extent technically feasible, transmit that call with authenticated caller identification information to the next voice service provider or intermediate provider in the call path; and ( 3 ) Verify caller identification information for all SIP calls it receives from another voice service provider or intermediate provider which it will terminate and for which the caller identification information has been authenticated. ( b ) [Reserved]. [ 85 FR 22043 , Apr. 21, 2020, as amended at 85 FR 73394 , Nov. 17, 2020] § 64.6302 Caller ID authentication by intermediate providers. Not later than June 30, 2021, each intermediate provider shall fully implement the STIR/SHAKEN authentication framework in its internet Protocol networks. To fulfill this obligation, an intermediate provider shall: ( a ) Pass unaltered to the subsequent intermediate provider or voice service provider in the call path any authenticated caller identification information it receives with a SIP call, subject to the following exceptions under which it may remove the authenticated caller identification information: ( 1 ) Where necessary for technical reasons to complete the call; or ( 2 ) Where the intermediate provider reasonably believes the caller identification authentication information presents an imminent threat to its network security; and ( b ) Authenticate caller identification information for all calls it receives for which the caller identification information has not been authenticated and which it will exchange with another provider as a SIP call, except that the intermediate provider is excused from such duty to authenticate if it: ( 1 ) Cooperatively participates with the industry traceback consortium; and ( 2 ) Responds fully and in a timely manner to all traceback requests it receives from the Commission, law enforcement, and the industry traceback consortium regarding calls for which it acts as an intermediate provider. ( c ) Notwithstanding paragraph (b) of this section, a gateway provider must, not later than June 30, 2023, authenticate caller identification information for all calls it receives that use North American Numbering Plan resources that pertain to the United States in the caller ID field and for which the caller identification information has not been authenticated and which it will exchange with another provider as a SIP call, unless that gateway provider is subject to an applicable extension in § 64.6304 . ( d ) Notwithstanding paragraph (b) of this section, a non-gateway intermediate provider must, not later than December 31, 2023, authenticate caller identification information for all calls it receives directly from an originating provider and for which the caller identification information has not been authenticated and which it will exchange with another provider as a SIP call, unless that non-gateway intermediate provider is subject to an applicable extension in § 64.6304 . [ 85 FR 73395 , Nov. 17, 2020, as amended at 87 FR 42946 , July 18, 2022; 88 FR 40118 , June 21, 2023] § 64.6303 Caller ID authentication in non-IP networks. ( a ) Except as provided in §§ 64.6304 and 64.6306 , not later than June 30, 2021, a voice service provider shall either: ( 1 ) Upgrade its entire network to allow for the initiation, maintenance, and termination of SIP calls and fully implement the STIR/SHAKEN framework as required in § 64.6301 throughout its network; or ( 2 ) Maintain and be ready to provide the Commission on request with documented proof that it is participating, either on its own or through a representative, including third party representatives, as a member of a working group, industry standards group, or consortium that is working to develop a non-internet Protocol caller identification authentication solution, or actively testing such a solution. ( b ) Except as provided in § 64.6304 , not later than June 30, 2023, a gateway provider shall either: ( 1 ) Upgrade its entire network to allow for the processing and carrying of SIP calls and fully implement the STIR/SHAKEN framework as required in § 64.6302(c) throughout its network; or ( 2 ) Maintain and be ready to provide the Commission on request with documented proof that it is participating, either on its own or through a representative, including third party representatives, as a member of a working group, industry standards group, or consortium that is working to develop a non-internet Protocol caller identification authentication solution, or actively testing such a solution. ( c ) Except as provided in § 64.6304 , not later than December 31, 2023, a non-gateway intermediate provider receiving a call directly from an originating provider shall either: ( 1 ) Upgrade its entire network to allow for the processing and carrying of SIP calls and fully implement the STIR/SHAKEN framework as required in § 64.6302(d) throughout its network; or ( 2 ) Maintain and be ready to provide the Commission on request with documented proof that it is participating, either on its own or through a representative, including third party representatives, as a member of a working group, industry standards group, or consortium that is working to develop a non-internet Protocol caller identification authentication solution, or actively testing such a solution. [ 87 FR 42946 , July 18, 2022, as amended at 87 FR 75944 , Dec. 12, 2022; 88 FR 40118 , June 21, 2023] § 64.6304 Extension of implementation deadline. ( a ) Small voice service providers. ( 1 ) Small voice service providers are exempt from the requirements of § 64.6301 through June 30, 2023, except that: ( i ) A non-facilities-based small voice service provider is exempt from the requirements of § 64.6301 only until June 30, 2022; ( ii ) A small voice service provider notified by the Enforcement Bureau pursuant to § 0.111(a)(27) of this chapter that fails to respond in a timely manner, fails to respond with the information requested by the Enforcement Bureau, including credible evidence that the robocall traffic identified in the notification is not illegal, fails to demonstrate that it taken steps to effectively mitigate the traffic, or if the Enforcement Bureau determines the provider violates § 64.1200(n)(2) , will no longer be exempt from the requirements of § 64.6301 beginning 90 days following the date of the Enforcement Bureau's determination, unless the extension would otherwise terminate earlier pursuant to paragraph (a)(1) introductory text or (a)(1)(i), in which case the earlier deadline applies; and ( iii ) Small voice service providers that originate calls via satellite using North American Numbering Plan numbers are deemed subject to a continuing extension of § 64.6301 . ( 2 ) For purposes of this paragraph (a) , “small voice service provider” means a provider that has 100,000 or fewer voice service subscriber lines (counting the total of all business and residential fixed subscriber lines and mobile phones and aggregated over all of the provider's affiliates). ( b ) Voice service providers, gateway providers, and non-gateway intermediate providers that cannot obtain an SPC token. Voice service providers that are incapable of obtaining an SPC token due to Governance Authority policy are exempt from the requirements of § 64.6301 until they are capable of obtaining an SPC token. Gateway providers that are incapable of obtaining an SPC token due to Governance Authority policy are exempt from the requirements of § 64.6302(c) regarding call authentication. Non-gateway intermediate providers that are incapable of obtaining an SPC token due to Governance Authority policy are exempt from the requirements of § 64.6302(d) regarding call authentication. ( c ) Services scheduled for section 214 discontinuance. Services which are subject to a pending application for permanent discontinuance of service filed as of June 30, 2021, pursuant to the processes established in 47 CFR 63.60 through 63.100 , as applicable, are exempt from the requirements of § 64.6301 through June 30, 2022. ( d ) Non-IP networks. Those portions of a voice service provider, gateway provider, or non-gateway intermediate provider's network that rely on technology that cannot initiate, maintain, carry, process, and terminate SIP calls are deemed subject to a continuing extension. A voice service provider subject to the foregoing extension shall comply with the requirements of § 64.6303(a) as to the portion of its network subject to the extension, a gateway provider subject to the foregoing extension shall comply with the requirements of § 64.6303(b) as to the portion of its network subject to the extension, and a non-gateway intermediate provider receiving calls directly from an originating provider subject to the foregoing extension shall comply with the requirements of § 64.6303(c) as to the portion of its network subject to the extension. ( e ) Provider-specific extensions. The Wireline Competition Bureau may extend the deadline for compliance with § 64.6301 for voice service providers that file individual petitions for extensions by November 20, 2020. The Bureau shall seek comment on any such petitions and issue an order determining whether to grant the voice service provider an extension no later than March 30, 2021. ( f ) Annual reevaluation of granted extensions. The Wireline Competition Bureau shall, in conjunction with an assessment of burdens and barriers to implementation of caller identification authentication technology, annually review the scope of all previously granted extensions and, after issuing a Public Notice seeking comment, may extend or decline to extend each such extension, and may decrease the scope of entities subject to a further extension. [ 85 FR 73395 , Nov. 17, 2020, as amended at 87 FR 3693 , Jan. 25, 2022; 87 FR 42946 , July 18, 2022; 88 FR 40118 , June 21, 2023] § 64.6305 Robocall mitigation and certification. ( a ) Robocall mitigation program requirements for voice service providers. ( 1 ) Each voice service provider shall implement an appropriate robocall mitigation program. ( 2 ) Any robocall mitigation program implemented pursuant to paragraph (a)(1) of this section shall include reasonable steps to avoid originating illegal robocall traffic and shall include a commitment to respond within 24 hours to all traceback requests from the Commission, law enforcement, and the industry traceback consortium, and to cooperate with such entities in investigating and stopping any illegal robocallers that use its service to originate calls. ( b ) Robocall mitigation program requirements for gateway providers. ( 1 ) Each gateway provider shall implement an appropriate robocall mitigation program with respect to calls that use North American Numbering Plan resources that pertain to the United States in the caller ID field. ( 2 ) Any robocall mitigation program implemented pursuant to paragraph (b)(1) of this section shall include reasonable steps to avoid carrying or processing illegal robocall traffic and shall include a commitment to respond fully and within 24 hours to all traceback requests from the Commission, law enforcement, and the industry traceback consortium, and to cooperate with such entities in investigating and stopping any illegal robocallers that use its service to carry or process calls. ( c ) Robocall mitigation program requirements for non-gateway intermediate providers. ( 1 ) Each non-gateway intermediate provider shall implement an appropriate robocall mitigation program. ( 2 ) Any robocall mitigation program implemented pursuant to paragraph (c)(1) of this section shall include reasonable steps to avoid carrying or processing illegal robocall traffic and shall include a commitment to respond within 24 hours to all traceback requests from the Commission, law enforcement, and the industry traceback consortium, and to cooperate with such entities in investigating and stopping any illegal robocallers that use its service to carry or process calls. ( d ) Certification by voice service providers in the Robocall Mitigation Database. ( 1 ) A voice service provider shall certify that all of the calls that it originates on its network are subject to a robocall mitigation program consistent with paragraph (a) of this section, that any prior certification has not been removed by Commission action and it has not been prohibited from filing in the Robocall Mitigation Database by the Commission, and to one of the following: ( i ) It has fully implemented the STIR/SHAKEN authentication framework across its entire network and all calls it originates are compliant with § 64.6301(a)(1) and (2) ; ( ii ) It has implemented the STIR/SHAKEN authentication framework on a portion of its network and all calls it originates on that portion of its network are compliant with § 64.6301(a)(1) and (2) ; or ( iii ) It has not implemented the STIR/SHAKEN authentication framework on any portion of its network. ( 2 ) A voice service provider shall include the following information in its certification in English or with a certified English translation: ( i ) Identification of the type of extension or extensions the voice service provider received under § 64.6304 , if the voice service provider is not a foreign voice service provider, and the basis for the extension or extensions, or an explanation of why it is unable to implement STIR/SHAKEN due to a lack of control over the network infrastructure necessary to implement STIR/SHAKEN; ( ii ) The specific reasonable steps the voice service provider has taken to avoid originating illegal robocall traffic as part of its robocall mitigation program, including a description of how it complies with its obligation to know its customers pursuant to § 64.1200(n)(4) , any procedures in place to know its upstream providers, and the analytics system(s) it uses to identify and block illegal traffic, including whether it uses any third-party analytics vendor(s) and the name(s) of such vendor(s); ( iii ) A statement of the voice service provider's commitment to respond within 24 hours to all traceback requests from the Commission, law enforcement, and the industry traceback consortium, and to cooperate with such entities in investigating and stopping any illegal robocallers that use its service to originate calls; and ( iv ) State whether, at any time in the prior two years, the filing entity (and/or any entity for which the filing entity shares common ownership, management, directors, or control) has been the subject of a formal Commission, law enforcement, or regulatory agency action or investigation with accompanying findings of actual or suspected wrongdoing due to the filing entity transmitting, encouraging, assisting, or otherwise facilitating illegal robocalls or spoofing, or a deficient Robocall Mitigation Database certification or mitigation program description; and, if so, provide a description of any such action or investigation, including all law enforcement or regulatory agencies involved, the date that any action or investigation was commenced, the current status of the action or investigation, a summary of the findings of wrongdoing made in connection with the action or investigation, and whether any final determinations have been issued. ( 3 ) All certifications made pursuant to paragraphs (d)(1) and (2) of this section shall: ( i ) Be filed in the appropriate portal on the Commission's website; and ( ii ) Be signed by an officer in conformity with 47 CFR 1.16 . ( 4 ) A voice service provider filing a certification shall submit the following information in the appropriate portal on the Commission's website: ( i ) The voice service provider's business name(s) and primary address; ( ii ) Other business names in use by the voice service provider; ( iii ) All business names previously used by the voice service provider; ( iv ) Whether the voice service provider is a foreign voice service provider; ( v ) The name, title, department, business address, telephone number, and email address of one person within the company responsible for addressing robocall mitigation-related issues; ( vi ) Whether the voice service provider is: ( A ) A voice service provider with a STIR/SHAKEN implementation obligation directly serving end users; ( B ) A voice service provider with a STIR/SHAKEN implementation obligation acting as a wholesale provider originating calls on behalf of another provider or providers; or ( C ) A voice service provider without a STIR/SHAKEN implementation obligation; and ( vii ) The voice service provider's OCN, if it has one. ( 5 ) A voice service provider shall update its filings within 10 business days of any change to the information it must provide pursuant to paragraphs (d)(1) through (4) of this section. ( i ) A voice service provider or intermediate provider that has been aggrieved by a Governance Authority decision to revoke that voice service provider's or intermediate provider's SPC token need not update its filing on the basis of that revocation until the sixty (60) day period to request Commission review, following completion of the Governance Authority's formal review process, pursuant to § 64.6308(b)(1) expires or, if the aggrieved voice service provider or intermediate provider files an appeal, until ten business days after the Wireline Competition Bureau releases a final decision pursuant to § 64.6308(d)(1) . ( ii ) If a voice service provider or intermediate provider elects not to file a formal appeal of the Governance Authority decision to revoke that voice service provider's or intermediate provider's SPC token, the provider need not update its filing on the basis of that revocation until the thirty (30) day period to file a formal appeal with the Governance Authority Board expires. ( e ) Certification by gateway providers in the Robocall Mitigation Database. ( 1 ) A gateway provider shall certify that all of the calls that it carries or processes on its network are subject to a robocall mitigation program consistent with paragraph (b)(1) of this section, that any prior certification has not been removed by Commission action and it has not been prohibited from filing in the Robocall Mitigation Database by the Commission, and to one of the following: ( i ) It has fully implemented the STIR/SHAKEN authentication framework across its entire network and all calls it carries or processes are compliant with § 64.6302(b) ; ( ii ) It has implemented the STIR/SHAKEN authentication framework on a portion of its network and calls it carries or processes on that portion of its network are compliant with § 64.6302(b) ; or ( iii ) It has not implemented the STIR/SHAKEN authentication framework on any portion of its network for carrying or processing calls. ( 2 ) A gateway provider shall include the following information in its certification made pursuant to paragraph (e)(1) of this section, in English or with a certified English translation: ( i ) Identification of the type of extension or extensions the gateway provider received under § 64.6304 and the basis for the extension or extensions, or an explanation of why it is unable to implement STIR/SHAKEN due to a lack of control over the network infrastructure necessary to implement STIR/SHAKEN; ( ii ) The specific reasonable steps the gateway provider has taken to avoid carrying or processing illegal robocall traffic as part of its robocall mitigation program, including a description of how it complies with its obligation to know its upstream providers pursuant to § 64.1200(n)(5) , the analytics system(s) it uses to identify and block illegal traffic, and whether it uses any third-party analytics vendor(s) and the name(s) of such vendor(s); ( iii ) A statement of the gateway provider's commitment to respond fully and within 24 hours to all traceback requests from the Commission, law enforcement, and the industry traceback consortium, and to cooperate with such entities in investigating and stopping any illegal robocallers that use its service to carry or process calls; and ( iv ) State whether, at any time in the prior two years, the filing entity (and/or any entity for which the filing entity shares common ownership, management, directors, or control) has been the subject of a formal Commission, law enforcement, or regulatory agency action or investigation with accompanying findings of actual or suspected wrongdoing due to the filing entity transmitting, encouraging, assisting, or otherwise facilitating illegal robocalls or spoofing, or a deficient Robocall Mitigation Database certification or mitigation program description; and, if so, provide a description of any such action or investigation, including all law enforcement or regulatory agencies involved, the date that any action or investigation was commenced, the current status of the action or investigation, a summary of the findings of wrongdoing made in connection with the action or investigation, and whether any final determinations have been issued. ( 3 ) All certifications made pursuant to paragraphs (e)(1) and (2) of this section shall: ( i ) Be filed in the appropriate portal on the Commission's website; and ( ii ) Be signed by an officer in conformity with 47 CFR 1.16 . ( 4 ) A gateway provider filing a certification shall submit the following information in the appropriate portal on the Commission's website: ( i ) The gateway provider's business name(s) and primary address; ( ii ) Other business names in use by the gateway provider; ( iii ) All business names previously used by the gateway provider; ( iv ) Whether the gateway provider or any affiliate is also foreign voice service provider; ( v ) The name, title, department, business address, telephone number, and email address of one person within the company responsible for addressing robocall mitigation-related issues; ( vi ) Whether the gateway provider is: ( A ) A gateway provider with a STIR/SHAKEN implementation obligation; or ( B ) A gateway provider without a STIR/SHAKEN implementation obligation; and ( vii ) The gateway provider's OCN, if it has one. ( 5 ) A gateway provider shall update its filings within 10 business days to the information it must provide pursuant to paragraphs (e)(1) through (4) of this section, subject to the conditions set forth in paragraphs (d)(5)(i) and (ii) of this section. ( f ) Certification by non-gateway intermediate providers in the Robocall Mitigation Database. ( 1 ) A non-gateway intermediate provider shall certify that all of the calls that it carries or processes on its network are subject to a robocall mitigation program consistent with paragraph (c) of this section, that any prior certification has not been removed by Commission action and it has not been prohibited from filing in the Robocall Mitigation Database by the Commission, and to one of the following: ( i ) It has fully implemented the STIR/SHAKEN authentication framework across its entire network and all calls it carries or processes are compliant with § 64.6302(b) ; ( ii ) It has implemented the STIR/SHAKEN authentication framework on a portion of its network and calls it carries or processes on that portion of its network are compliant with § 64.6302(b) ; or ( iii ) It has not implemented the STIR/SHAKEN authentication framework on any portion of its network for carrying or processing calls. ( 2 ) A non-gateway intermediate provider shall include the following information in its certification made pursuant to paragraph (f)(1) of this section in English or with a certified English translation: ( i ) Identification of the type of extension or extensions the non-gateway intermediate provider received under § 64.6304 , if the non-gateway intermediate provider is not a foreign provider, and the basis for the extension or extensions, or an explanation of why it is unable to implement STIR/SHAKEN due to a lack of control over the network infrastructure necessary to implement STIR/SHAKEN; ( ii ) The specific reasonable steps the non-gateway intermediate provider has taken to avoid carrying or processing illegal robocall traffic as part of its robocall mitigation program, including a description of any procedures in place to know its upstream providers and the analytics system(s) it uses to identify and block illegal traffic, including whether it uses any third-party analytics vendor(s) and the name of such vendor(s); ( iii ) A statement of the non-gateway intermediate provider's commitment to respond within 24 hours to all traceback requests from the Commission, law enforcement, and the industry traceback consortium, and to cooperate with such entities in investigating and stopping any illegal robocallers that use its service to carry or process calls; and ( iv ) State whether, at any time in the prior two years, the filing entity (and/or any entity for which the filing entity shares common ownership, management, directors, or control) has been the subject of a formal Commission, law enforcement, or regulatory agency action or investigation with accompanying findings of actual or suspected wrongdoing due to the filing entity transmitting, encouraging, assisting, or otherwise facilitating illegal robocalls or spoofing, or a deficient Robocall Mitigation Database certification or mitigation program description; and, if so, provide a description of any such action or investigation, including all law enforcement or regulatory agencies involved, the date that any action or investigation was commenced, the current status of the action or investigation, a summary of the findings of wrongdoing made in connection with the action or investigation, and whether any final determinations have been issued. ( 3 ) All certifications made pursuant to paragraphs (f)(1) and (2) of this section shall: ( i ) Be filed in the appropriate portal on the Commission's website; and ( ii ) Be signed by an officer in conformity with 47 CFR 1.16 . ( 4 ) A non-gateway intermediate provider filing a certification shall submit the following information in the appropriate portal on the Commission's website: ( i ) The non-gateway intermediate provider's business name(s) and primary address; ( ii ) Other business names in use by the non-gateway intermediate provider; ( iii ) All business names previously used by the non-gateway intermediate provider; ( iv ) Whether the non-gateway intermediate provider or any affiliate is also foreign voice service provider; ( v ) The name, title, department, business address, telephone number, and email address of one person within the company responsible for addressing robocall mitigation-related issues; ( vi ) Whether the non-gateway intermediate provider is: ( A ) A non-gateway intermediate provider with a STIR/SHAKEN implementation obligation; or ( B ) A non-gateway intermediate provider without a STIR/SHAKEN implementation obligation; and ( vii ) The non-gateway intermediate service provider's OCN, if it has one. ( 5 ) A non-gateway intermediate provider shall update its filings within 10 business days of any change to the information it must provide pursuant to this paragraph (f) subject to the conditions set forth in paragraphs (d)(5)(i) and (ii) of this section. ( g ) Intermediate provider and voice service provider obligations — ( 1 ) Accepting traffic from domestic voice service providers. Intermediate providers and voice service providers shall accept calls directly from a domestic voice service provider only if that voice service provider's filing appears in the Robocall Mitigation Database in accordance with paragraph (d) of this section and that filing has not been de-listed pursuant to an enforcement action. ( 2 ) Accepting traffic from foreign providers. Beginning April 11, 2023, intermediate providers and voice service providers shall accept calls directly from a foreign voice service provider or foreign intermediate provider that uses North American Numbering Plan resources that pertain to the United States in the caller ID field to send voice traffic to residential or business subscribers in the United States, only if that foreign provider's filing appears in the Robocall Mitigation Database in accordance with paragraph (d) of this section and that filing has not been de-listed pursuant to an enforcement action. ( 3 ) Accepting traffic from gateway providers. Beginning April 11, 2023, intermediate providers and voice service providers shall accept calls directly from a gateway provider only if that gateway provider's filing appears in the Robocall Mitigation Database in accordance with paragraph (e) of this section, showing that the gateway provider has affirmatively submitted the filing, and that filing has not been de-listed pursuant to an enforcement action. ( 4 ) Accepting traffic from non-gateway intermediate providers. Intermediate providers and voice service providers shall accept calls directly from a non-gateway intermediate provider only if that non-gateway intermediate provider's filing appears in the Robocall Mitigation Database in accordance with paragraph (f) of this section, showing that the non-gateway intermediate provider affirmatively submitted the filing, and that filing has not been de-listed pursuant to an enforcement action. ( 5 ) Public safety safeguards. Notwithstanding paragraphs (g)(1) through (4) of this section: ( i ) A provider may not block a voice call under any circumstances if the call is an emergency call placed to 911; and ( ii ) A provider must make all reasonable efforts to ensure that it does not block any calls from public safety answering points and government emergency numbers. [ 87 FR 42946 , July 18, 2022, as amended at 88 FR 40119 , June 21, 2023; 88 FR 43459 , July 10, 2023] § 64.6306 Exemption. ( a ) Exemption for IP networks. A voice service provider may seek an exemption from the requirements of § 64.6301 by certifying on or before December 1, 2020, that, for those portions of its network served by technology that allows for the transmission of SIP calls, it: ( 1 ) Has adopted the STIR/SHAKEN authentication framework for calls on the Internet Protocol networks of the voice service provider, by completing the network preparations necessary to deploy the STIR/SHAKEN protocols on its network including but not limited to participation in test beds and lab testing, or completion of commensurate network adjustments to enable the authentication and validation of calls on its network consistent with the STIR/SHAKEN framework; ( 2 ) Has agreed voluntarily to participate with other voice service providers in the STIR/SHAKEN authentication framework, as demonstrated by completing formal registration (including payment) and testing with the STI Policy Administrator; ( 3 ) Has begun to implement the STIR/SHAKEN authentication framework by completing the necessary network upgrades to at least one network element— e.g., a single switch or session border controller—to enable the authentication and verification of caller identification information consistent with the STIR/SHAKEN standards; and ( 4 ) Will be capable of fully implementing the STIR/SHAKEN authentication framework not later than June 30, 2021, which it may only determine if it reasonably foresees that it will have completed all necessary network upgrades to its network infrastructure to enable the authentication and verification of caller identification information for all SIP calls exchanged with STIR/SHAKEN-enabled partners by June 30, 2021. ( b ) Exemption for non-IP networks. A voice service provider may seek an exemption from the requirement to upgrade its network to allow for the initiation, maintenance, and termination of SIP calls and fully implement the STIR/SHAKEN framework as required by § 64.6301 throughout its network by June 30, 2021, and from associated recordkeeping and reporting requirements, by certifying on or before December 1, 2020, that, for those portions of its network that do not allow for the transmission of SIP calls, it: ( 1 ) Has taken reasonable measures to implement an effective call authentication framework by either: ( i ) Upgrading its entire network to allow for the initiation, maintenance, and termination of SIP calls, and fully implementing the STIR/SHAKEN framework as required in § 64.6301 throughout its network; or ( ii ) Maintaining and being ready to provide the Commission on request with documented proof that it is participating, either on its own or through a representative, including third party representatives, as a member of a working group, industry standards group, or consortium that is working to develop a non-internet Protocol caller identification authentication solution, or actively testing such a solution; and ( 2 ) Will be capable of fully implementing an effective call authentication framework not later than June 30, 2021, because it reasonably foresees that it will have completed all necessary network upgrades to its network infrastructure to enable the authentication and verification of caller identification information for all non-internet Protocol calls originating or terminating on its network as provided by a standardized caller identification authentication framework for non-internet Protocol networks by June 30, 2021. ( c ) Certification submission procedures. All certifications that a voice service provider is eligible for exemption shall be: ( 1 ) Filed in the Commission's Electronic Comment Filing System (ECFS) in WC Docket No. 20-68, Exemption from Caller ID Authentication Requirements, no later than December 1, 2020; ( 2 ) Signed by an officer in conformity with 47 CFR 1.16 ; and ( 3 ) Accompanied by detailed support as to the assertions in the certification. ( d ) Determination timing. The Wireline Competition Bureau shall determine whether to grant or deny timely requests for exemption on or before December 30, 2020. ( e ) Implementation verification. All voice service providers granted an exemption under paragraphs (a) and (b) of this section shall file an additional certification consistent with the requirements of paragraph (c) of this section on or before October 4, 2021 that attests to whether the voice service provider fully implemented the STIR/SHAKEN authentication framework because it completed all necessary network upgrades to its network infrastructure to enable the authentication and verification of caller identification information for all SIP calls exchanged with STIR/SHAKEN-enabled partners by June 30, 2021. The Wireline Competition Bureau, after issuing a Public Notice seeking comment on the certifications, will, not later than four months after the deadline for filing of the certifications, issue a Public Notice identifying which voice service providers achieved complete implementation of the STIR/SHAKEN authentication framework. [ 85 FR 73396 , Nov. 17, 2020, as amended at 86 FR 58040 , Oct. 20, 2021] § 64.6307 Line item charges. Providers of voice service are prohibited from adding any additional line item charges to consumer or small business customer subscribers for the effective call authentication technology required by §§ 64.6301 and 64.6303 . ( a ) For purposes of this section, “consumer subscribers” means residential mass-market subscribers. ( b ) For purposes of this section, “small business customer subscribers” means subscribers that are business entities that meet the size standards established in 13 CFR part 121, subpart A . [ 85 FR 73397 , Nov. 17, 2020] § 64.6308 Review of Governance Authority Decision to Revoke an SPC Token. ( a ) Parties permitted to seek review of Governance Authority decision. ( 1 ) Any voice service provider or intermediate provider aggrieved by a Governance Authority decision to revoke that voice service provider's or intermediate provider's SPC token, must seek review from the Governance Authority and complete the appeals process established by the Governance Authority prior to seeking Commission review. ( 2 ) Any voice service provider or intermediate provider aggrieved by an action to revoke its SPC token taken by the Governance Authority, after exhausting the appeals process provided by the Governance Authority, may then seek review from the Commission, as set forth in this section. ( b ) Filing deadlines. ( 1 ) A voice service provider or intermediate provider requesting Commission review of a Governance Authority decision to revoke that voice service provider's or intermediate provider's SPC token by the Commission, shall file such a request electronically in the Electronic Comment Filing System (ECFS) in WC Docket No. 21-291, Appeals of the STIR/SHAKEN Governance Authority Token Revocation Decisions within sixty (60) days from the date the Governance Authority upholds it token revocation decision. ( 2 ) Parties shall adhere to the time periods for filing oppositions and replies set forth in § 1.45 . ( c ) Filing requirements. ( 1 ) A request for review of a Governance Authority decision to revoke a voice service provider's or intermediate provider's SPC token by the Commission shall be filed in WC Docket No. 21-291, Appeals of the STIR/SHAKEN Governance Authority Token Revocation Decisions, in the Electronic Comment Filing System (ECFS). The request for review shall be captioned “In the matter of Request for Review by (name of party seeking review) of Decision of the Governance Authority to Revoke an SPC Token.” ( 2 ) A request for review shall contain: ( i ) A statement setting forth the voice service provider's or intermediate provider's asserted basis for appealing the Governance Authority's decision to revoke the SPC token; ( ii ) A full statement of relevant, material facts with supporting affidavits and documentation, including any background information the voice service provider or intermediate provider deems useful to the Commission's review; and ( iii ) The question presented for review, with reference, where appropriate, to any underlying Commission rule or Governance Authority policy. ( 3 ) A copy of a request for review that is submitted to the Commission shall be served on the Governance Authority by the voice service provider requesting Commission review via sti-ga@atis.org or in accordance with any alternative delivery mechanism the Governance Authority may establish in its operating procedures. ( d ) Review by the Wireline Competition Bureau. ( 1 ) Except in extraordinary circumstances, final action on a request for review of a Governance Authority decision to revoke a voice service provider's or intermediate provider's SPC token should be expected no later than 180 days from the date the request for review is filed in the Electronic Comment Filing System (ECFS) pursuant to § 64.6308(b)(1) . The Wireline Competition Bureau shall have the discretion to pause the 180-day review period in situations where actions outside the Wireline Competition Bureau's control are responsible for delaying review of a request for review. ( 2 ) An affected party may seek review of a decision issued under delegated authority by the Wireline Competition Bureau pursuant to the rules set forth in § 1.115 . ( e ) Standard of review. The Wireline Competition Bureau shall conduct de novo review of Governance Authority decisions to revoke a voice service provider's or intermediate provider's SPC token. ( f ) Status during pendency of a request for review and a Governance Authority decision. ( 1 ) A voice service provider or intermediate provider shall not be considered to be in violation of the Commission's caller ID authentication rules under § 64.6301 after revocation of its SPC token by the Governance Authority until the thirty (30) day period to file a formal appeal with the Governance Authority Board expires, or during the pendency of any formal appeal to the Governance Authority Board. ( 2 ) A voice service provider or intermediate provider shall not be considered to be in violation of the Commission's caller ID authentication rules under § 64.6301 after the Governance Authority Board upholds the Governance Authority's SPC token revocation decision until the sixty (60) day period to file a request for review with the Commission expires. ( 3 ) When a voice service provider or intermediate provider has sought timely Commission review of a Governance Authority decision to revoke a voice service provider's or intermediate provider's SPC token under this section, the voice service provider shall not be considered to be in violation of the Commission's caller ID authentication rules under § 64.6301 until and unless the Wireline Competition Bureau, pursuant to paragraph (d)(1) of this section, has upheld or otherwise decided not to overturn the Governance Authority's decision. ( 4 ) In accordance with §§ 1.102(b) and 1.106(n) , the effective date of any action pursuant to paragraph (d) shall not be stayed absent order by the Wireline Competition Bureau or the Commission. [ 86 FR 48520 , Aug. 31, 2021] Subpart II—Communications Service Protections for Victims of Domestic Violence, Human Trafficking, and Related Crimes Source: 88 FR 84448 , Dec. 5, 2023, unless otherwise noted. § 64.6400 Definitions. For purposes of this subpart: ( a ) Abuser. Abuser means an individual who has committed or allegedly committed a covered act, as defined in 47 U.S.C. 345 and this subpart, against: ( 1 ) An individual who seeks relief under 47 U.S.C. 345 and this subpart; or ( 2 ) An individual in the care of an individual who seeks relief under 47 U.S.C. 345 and this subpart. ( b ) Business day. Business day means the traditional work week of Monday through Friday, 8 a.m. to 5 p.m., excluding the covered provider's company-defined holidays. ( c ) Call. Call means a voice service transmission, regardless of whether such transmission is completed. ( d ) Consumer-facing logs of calls and text messages. Consumer-facing logs of calls and text messages means any means by which a covered provider, wireline provider of voice service, fixed wireless provider of voice service, or fixed satellite provider of voice service presents to a consumer a listing of telephone numbers to which calls or text messages were directed, regardless of, for example, the medium used (such as by paper, online listing, or electronic file), whether the call was completed or the text message was delivered, whether part of a bill or otherwise, and whether requested by the consumer or otherwise provided. The term includes oral and written disclosures by covered providers, wireline provider of voice service, fixed wireless provider of voice service, and fixed satellite provider wireline providers of voice service of individual call and text message records. ( e ) Covered act. Covered act means conduct that constitutes: ( 1 ) A crime described in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ), including, but not limited to, domestic violence, dating violence, sexual assault, stalking, and sex trafficking; ( 2 ) An act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ) (relating to severe forms of trafficking in persons and sex trafficking, respectively); or ( 3 ) An act under State law, Tribal law, or the Uniform Code of Military Justice that is similar to an offense described in paragraph (e)(1) or (2) of this section. ( 4 ) A criminal conviction or any other determination of a court shall not be required for conduct described in this paragraph (e) to constitute a covered act. ( f ) Covered hotline. Covered hotline means a hotline related to domestic violence, dating violence, sexual assault, stalking, sex trafficking, severe forms of trafficking in persons, or any other similar act. Such term includes any telephone number on which more than a de minimis amount of counseling and/or information is provided on domestic violence, dating violence, sexual assault, stalking, sex trafficking, severe forms of trafficking in persons, or any other similar acts. ( g ) Covered provider. Covered provider means a provider of a private mobile service or commercial mobile service, as those terms are defined in 47 U.S.C. 332(d) . ( h ) Fixed wireless provider of voice service. Fixed wireless provider of voice service means a provider of voice service to customers at fixed locations that connects such customers to its network primarily by terrestrial wireless transmission. ( i ) Fixed satellite provider of voice service. Fixed satellite provider of voice service means a provider of voice service to customers at fixed locations that connects such customers to its network primarily by satellite transmission. ( j ) Primary account holder. Primary account holder means an individual who is a party to a mobile service contract with a covered provider. ( k ) Shared mobile service contract. Shared mobile service contract means a mobile service contract for an account that includes not less than two lines of service, and does not include enterprise services offered by a covered provider. For purposes of this subpart, a “line of service” shall mean one that is associated with a telephone number, and includes all of the services associated with that line under the shared mobile service contract, regardless of classification, including voice, text, and data services. ( l ) Small service provider. Small service provider means a covered provider, wireline provider of voice service, fixed wireless provider of voice service, or fixed satellite provider of voice service that has 100,000 or fewer voice service subscriber lines (counting the total of all business and residential fixed subscriber lines and mobile phones and aggregated over all of the provider's affiliates). ( m ) Survivor. Survivor means an individual who is not less than 18 years old and: ( 1 ) Against whom a covered act has been committed or allegedly committed; or ( 2 ) Who cares for another individual against whom a covered act has been committed or allegedly committed (provided that the individual providing care did not commit or allegedly commit the covered act). For purposes of this subpart, an individual who “cares for” another individual, or individual “in the care of” another individual, shall encompass: ( i ) Any individuals who are part of the same household, as defined in § 54.400 of this chapter ; ( ii ) Parents, guardians, and minor children even if the parents and children live at different addresses; ( iii ) Those who care for, or are in the care of, another individual by valid court order or power of attorney; and ( iv ) An individual who is the parent, guardian, or caretaker of a person over the age of 18 upon whom an individual is financially or physically dependent (and those persons financially or physically dependent on the parent, guardian or caretaker). ( n ) Text message. Text message has the meaning given such term in section 227(e)(8) of the Communications Act of 1934, as amended ( 47 U.S.C. 227(e)(8) ). ( o ) Voice service. Voice service has the meaning given such term in section 4(a) of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act ( 47 U.S.C. 227b(a) ). ( p ) Wireline provider of voice service. Wireline provider of voice service means a provider of voice service that connects customers to its network primarily by wire. § 64.6401 Line separation request submission requirements. ( a ) A survivor seeking to separate a line from a shared mobile service contract pursuant to 47 U.S.C. 345 and this subpart, or a designated representative of such survivor, shall submit to the covered provider a line separation request that: ( 1 ) Requests relief under 47 U.S.C. 345 and this subpart; ( 2 ) Identifies each line that should be separated, using the phone number associated with the line; ( 3 ) Identifies which line(s) belong to the survivor and states that the survivor is the user of those lines; ( 4 ) In the case of a survivor seeking separation of the line(s) of any individual in the care of a survivor, includes a signed and dated affidavit that states that the individual is in the care of the survivor and is the user of the specific line(s) to be separated; ( 5 ) In the case of a survivor seeking separation of the abuser's line(s), states that the abuser is the user of that specific line; ( 6 ) Includes the name of the survivor and the name of the abuser that is known to the survivor; ( 7 ) Provides survivor's preferred contact information for communications regarding the line separation request; ( 8 ) In the case of a designated representative assisting with or submitting the line separation request on behalf of a survivor, provides the name of that designated representative and the designated representative's relationship to the survivor, and states that the designated representative assisted the survivor; ( 9 ) Includes evidence that verifies that an individual who uses a line under the shared mobile contract has committed or allegedly committed a covered act against the survivor or an individual in the survivor's care. Such evidence shall be either: ( i ) A copy of a signed affidavit from a licensed medical or mental health care provider, licensed military medical or mental health care provider, licensed social worker, victim services provider, or licensed military victim services provider, or an employee of a court, acting within the scope of that person's employment; or ( ii ) A copy of a police report, statements provided by police, including military or Tribal police, to magistrates or judges, charging documents, protective or restraining orders, military protective orders, or any other official record that documents the covered act. ( b ) A covered provider may attempt to assess the authenticity of the evidence of survivor status submitted pursuant to paragraph (a)(9) of this section, and may deny a line separation request if the covered provider forms a reasonable belief of fraud from such an assessment, but in any case shall not directly contact entities that created any such evidence to confirm its authenticity. ( c ) A covered provider shall not assess the veracity of the evidence of survivor status submitted pursuant to paragraph (a)(9) of this section. ( d ) Notwithstanding 47 U.S.C. 222(c)(2) , and except as provided in paragraphs (d)(1) through (3) of this section, a covered provider; any officer, director, or employee of a covered provider; and any vendor, agent, or contractor of a covered provider that receives or processes line separation requests with the survivor's consent or as needed to effectuate the request, shall treat the fact of the line separation request and any information or documents a survivor submits under this subpart, including any customer proprietary network information, as confidential and securely dispose of the information not later than 90 days after receiving the information, except as provided in paragraphs (d)(2) and (3) of this section. ( 1 ) A covered provider may only disclose or permit access to information a survivor submits under this subpart pursuant to a valid court order; to the individual survivor submitting the line separation request; to anyone that the survivor specifically designates; to those third parties necessary to effectuate the request ( i.e., vendors, contractors, and agents); or, to the extent necessary, to the Commission or the Universal Service Administrative Company for processing of emergency communications support through the Lifeline program for qualifying survivors, as provided in § 54.424 of this chapter . ( 2 ) A covered provider may retain any confidential record related to the line separation request for longer than 90 days upon receipt of a legitimate law enforcement request. ( 3 ) A covered provider may maintain a record that verifies that a survivor fulfilled the conditions of a line separation request under this subpart for longer than 90 days after receiving the information as long as the covered provider also treats such records as confidential and securely disposes of them. This record shall not contain the documentation of survivor status described in paragraph (a)(9) of this section or other original records a survivor submits with a request under this subpart. ( 4 ) A covered provider shall implement data security measures commensurate with the sensitivity of the information submitted with line separation requests, including policies and procedures governing confidential treatment and secure disposal of the information a survivor submits under this subpart, train employees on those policies and procedures, and restrict access to databases storing such information to only those employees who need access to that information. ( 5 ) A covered provider shall not use, process, or disclose the fact of a line separation request or any information or documentation provided with such a request to market any products or services. ( e ) Nothing in this section shall affect any law or regulation of a State providing communications protections for survivors (or any similar category of individuals) that has less stringent requirements for providing evidence of a covered act (or any similar category of conduct) than this section. § 64.6402 Processing of separation of lines from a shared mobile service contract. ( a ) Subject to the requirements of this section, as soon as feasible, but not later than close of business two businesses days after receiving a completed line separation request from a survivor submitted pursuant to § 64.6401 , a covered provider shall, consistent with the survivor's request: ( 1 ) Separate the line(s) of the survivor, and the line(s) of any individual in the care of the survivor, from the shared mobile service contract; or ( 2 ) Separate the line(s) of the abuser from the shared mobile service contract. ( b ) A covered provider shall attempt to authenticate, using multiple authentication methods if necessary, that a survivor requesting a line separation is a user of the specific line(s). ( 1 ) If the survivor is the primary account holder or a user designated to have account authority by the primary account holder, a covered provider shall attempt to authenticate the identity of the survivor in accordance with the covered provider's authentication measures for primary account holders or designated users. ( 2 ) If the survivor is not the primary account holder or a designated user, the covered provider shall attempt to authenticate the identity of the survivor using methods that are reasonably designed to confirm the survivor is actually a user of the specified line(s) on the account. ( c ) At the time a survivor submits a line separation request, a covered provider shall: ( 1 ) Inform the survivor, through remote means established in § 64.6403 , that the provider may contact the survivor (or the survivor's designated representative) to confirm the line separation or inform the survivor if the provider is unable to complete the line separation; ( 2 ) Inform the survivor of the existence of the Lifeline program as a source of support for emergency communications for qualifying survivors, as provided in § 54.424 of this chapter , including a description of who might qualify for the Lifeline program, how to participate, and information about the Affordable Connectivity Program, or other successor program, for which the survivor may be eligible due to their survivor status; ( 3 ) If the line separation request was submitted through remote means, allow the survivor to elect the manner in which the covered provider may contact the survivor (or designated representative of the survivor) in response to the request, if necessary, which must include at least one means of communications that does not require a survivor to interact in person with an employee of the covered provider at a physical location; ( 4 ) If the line separation request was submitted through remote means, allow a survivor to select a preferred language for future communications from among those in which the covered provider advertises, and deliver any such future communications in the language selected by the survivor; and ( 5 ) Allow a survivor submitting a line separation request to indicate the service plan the survivor chooses from among all commercially available plans the covered provider offers for which the survivor may be eligible, including any prepaid plans; whether the survivor intends to retain possession of any device associated with a separated line; and whether the survivor intends to apply for emergency communications support through the Lifeline program, as provided in § 54.424 of this chapter , if available through the covered provider. ( d ) If a covered provider cannot operationally or technically effectuate a line separation request after taking reasonable steps to do so, the covered provider shall, at the time of the request (or for a request made using remote means, not later than two business days after receiving the request) notify the survivor (or designated representative of the survivor) of that infeasibility. The covered provider shall explain the nature of the operational or technical limitations that prevent the provider from completing the line separation as requested and provide the survivor with information about available alternative options to obtain a line separation and alternatives to submitting a line separation request, including starting a new account for the survivor. The covered provider shall deliver any such notification through the manner of communication and in the language selected by the survivor at the time of the request. ( e ) If a covered provider rejects a line separation request for any reason other than operational or technical infeasibility, the covered provider shall, not later than two business days after receiving the request, notify the survivor (or designated representative of the survivor), through the manner of communication and the language selected by the survivor at the time of the request, of the rejection. The covered provider shall explain the basis for the rejection, describe how the survivor can either correct any issues with the existing line separation request or submit a new line separation request, and, if applicable, provide the survivor with information about available alternative options to obtain a line separation and alternatives to submitting a line separation request, including starting a new account for the survivor. ( f ) A covered provider shall treat any correction, resubmission, or alternatives selected by a survivor following a denial as a new request. ( g ) As soon as feasible after receiving a legitimate line separation request, a covered provider shall notify a survivor of the date on which the covered provider intends to give any formal notification of a line separation, cancellation, or suspension of service: ( 1 ) To the primary account holder, if the survivor is not the primary account holder; and ( 2 ) To the abuser, if the line separation involves the abuser's line. ( h ) A covered provider shall not notify an abuser who is not the primary account holder when the covered provider separates the line(s) of a survivor or an individual in the care of a survivor from a shared mobile service contract. ( i ) A covered provider shall not notify a primary account holder of a request by a survivor to port-out a number that is the subject of a line separation request. A covered provider shall not notify a primary account holder of a survivor's request for a Subscriber Identity Module (SIM) change when made in connection with a line separation request pursuant to 47 U.S.C. 345 and this subpart. ( j ) A covered provider shall only communicate with a survivor as required by this subpart or as necessary to effectuate a line separation. A covered provider shall not engage in marketing and advertising communications that are not related to assisting the survivor with understanding and selecting service options. ( k ) As soon as feasible after receiving a legitimate line separation request from a survivor, a covered provider shall lock the account affected by the line separation request to prevent all SIM changes, number ports, and line cancellations other than those requested as part of the line separation request pursuant to 47 U.S.C. 345 and this subpart until the request is processed or denied. ( l ) A covered provider shall effectuate a legitimate line separation request submitted pursuant to this subpart, and any associated number port and SIM change requests, regardless of whether an account lock is activated on the account. ( m ) A covered provider receiving a request from any customer other than the survivor requesting that the covered provider stop or reverse a line separation on the basis that the line separation request was fraudulent shall make a record of the request in the customer's existing account and, if applicable, the customer's new account, in the event further evidence shows that the line separation request was in fact fraudulent. ( n ) ( 1 ) A covered provider shall provide a survivor with documentation that clearly identifies the survivor and shows that the survivor has submitted a legitimate line separation request under 47 U.S.C. 345(c)(1) and this subpart upon completion of the provider's line separation request review process. The documentation shall include: ( i ) The survivor's full name; ( ii ) Confirmation that the covered provider authenticated the survivor as a user of the line(s) subject to the line separation request; and ( ii ) A statement that the survivor has submitted a legitimate line separation request under 47 U.S.C. 345(c)(1) . ( 2 ) The covered provider shall provide the documentation in paragraph (n)(1) to survivors in a written format that can be easily saved and shared by a survivor. § 64.6403 Establishment of mechanisms for submission of line separation requests. ( a ) A covered provider shall offer a survivor the ability to submit a line separation request through secure remote means that are easily navigable, provided that remote options are commercially available and technically feasible. A covered provider shall offer more than one remote means of submitting a line separation request and shall offer alternative means to accommodate individuals with different disabilities. A covered provider may offer means of submitting a line separation request that are not remote if the provider does not require a survivor to use such non-remote means or make it more difficult for survivors to access remote means than to access non-remote means. For purposes of this subpart, remote means are those that do not require a survivor to interact in person with an employee of the covered provider at a physical location. ( b ) The means a covered provider offers pursuant to this section must allow survivors to submit any information and documentation required by 47 U.S.C. 345 and this subpart. A covered provider may offer means that allow or require survivors to initiate a request using one method and submit documentation using another method. A covered provider shall permit a survivor to submit any documentation required by 47 U.S.C. 345 and this subpart in any common format. ( c ) Any means that a covered provider offers pursuant to this section shall: ( 1 ) Use wording that is simple, clear, and concise; ( 2 ) Present the information requests in a format that is easy to comprehend and use; ( 3 ) Generally use the same wording and format on all platforms available for submitting a request; ( 4 ) Clearly identify the information and documentation that a survivor must include with a line separation request and allow survivors to provide that information and documentation easily; ( 5 ) Be available in all the languages in which the covered provider advertises its services; and ( 6 ) Be accessible by individuals with disabilities, including being available in all formats ( e.g., large print, braille) in which the covered provider makes its service information available to individuals with disabilities. § 64.6404 Prohibitions and limitations for line separation requests. ( a ) A covered provider may not make separation of a line from a shared mobile service contract under this subpart contingent on any limitation or requirement other than those described in § 64.6405 , including, but not limited to: ( 1 ) Payment of a fee, penalty, or other charge; ( 2 ) Maintaining contractual or billing responsibility of a separated line with the provider; ( 3 ) Approval of separation by the primary account holder, if the primary account holder is not the survivor; ( 4 ) A prohibition or limitation, including payment of a fee, penalty, or other charge, on number portability, provided such portability is technically feasible; ( 5 ) A prohibition or limitation, including payment of a fee, penalty, or other charge, on a request to change phone numbers; ( 6 ) A prohibition or limitation on the separation of lines as a result of arrears accrued by the account; ( 7 ) An increase in the rate charged for the mobile service plan of the primary account holder with respect to service on any remaining line or lines; ( 8 ) The results of a credit check or other proof of a party's ability to pay; or ( 9 ) Any other requirement or limitation not specifically permitted by the Safe Connections Act of 2022, Public Law 117-223 , 47 U.S.C. 345 . ( b ) Nothing in paragraph (a) of this section shall be construed to require a covered provider to provide a rate plan for the primary account holder that is not otherwise commercially available or to prohibit a covered provider from requiring a survivor requesting a line separation to comply with the general terms and conditions associated with using the covered provider's services, as long as those terms and conditions do not contain the enumerated prohibitions in 47 U.S.C. 345(b)(2) and this section, and do not otherwise hinder a survivor from obtaining a line separation. § 64.6405 Financial responsibility following line separations. ( a ) Beginning on the date on which a covered provider transfers billing responsibilities for and use of telephone number(s) to a survivor following a line separation under § 64.6402(a) , the survivor shall assume financial responsibility, including for monthly service costs, for the transferred telephone number(s), unless ordered otherwise by a court. Upon the transfer of the telephone number(s) under § 64.6402(a) to separate the line(s) of the abuser from a shared mobile service contract, the survivor shall have no further financial responsibilities to the transferring covered provider for the services provided by the transferring covered provider for the telephone number(s) or for any mobile device associated with the abuser's telephone number(s). ( b ) Beginning on the date on which a covered provider transfers billing responsibilities for and rights to telephone number(s) to a survivor following a line separation under § 64.6402(a) , the survivor shall not assume financial responsibility for any mobile device(s) associated with the separated line(s), unless the survivor purchased the mobile device(s), or affirmatively elects to maintain possession of the mobile device(s), unless otherwise ordered by a court. ( c ) Following a line separation under § 64.6402(a) , a covered provider shall maintain any arrears previously accrued on the account with the subscriber who was the primary account holder prior to the line separation. § 64.6406 Notice of line separation availability to consumers. ( a ) A covered provider shall make information about the line separation options and processes described in this subpart readily available to consumers: ( 1 ) On a support-related page of the website and mobile application of the provider in all languages in which the provider advertises on the website; ( 2 ) On physical stores via flyers, signage, or other handouts that are clearly visible and accessible to consumers, in all languages in which the provider advertises in that particular store and on its website; ( 3 ) In a manner that is accessible to individuals with disabilities, including all formats ( e.g., large print, braille) in which a covered provider makes its service information available to individuals with disabilities; and ( 4 ) In other forms of public-facing consumer communication. ( b ) In providing the information in paragraph (a) of this section to consumers, a covered provider shall include, at a minimum, an overview of the line separation process; a description of survivors' service options that may be available to them; a statement that the Safe Connections Act does not permit covered providers to make a line separation conditional upon the imposition of penalties, fees, or other requirements or limitations; basic information concerning the availability of the Lifeline support for qualifying survivors; and a description of which types of line separations the provider cannot perform in all instances due to operational or technical limitations, if any. § 64.6407 Employee training. A covered provider must train its employees who may interact with survivors regarding a line separation request on how to assist them or on how to direct them to other employees who have received such training. § 64.6408 Protection of the privacy of calls and text messages to covered hotlines. ( a ) All covered providers, wireline providers of voice service, fixed wireless providers of voice service, and fixed satellite providers of voice service shall: ( 1 ) Omit from consumer-facing logs of calls and text messages any records of calls or text messages to covered hotlines in the central database established by the Commission. ( 2 ) Maintain internal records of calls and text messages omitted from consumer-facing logs of calls and text messages pursuant to paragraph (a)(1) of this section. ( 3 ) Be responsible for downloading the initial database file and subsequent updates to the database file from the central database established by the Commission. Updates must be downloaded and implemented by covered providers, wireline providers of voice service, fixed wireless providers of voice service, and fixed satellite providers of voice service no later than 15 days after such updates are made available for download. ( b ) With respect to covered providers, wireline providers of voice service, fixed wireless providers of voice service, and fixed satellite providers of voice service that are not small service providers, compliance with paragraph (a) of this section shall be required December 5, 2024. In the event the Wireline Competition Bureau has not released the database download file specification by April 5, 2024, or in the event the Wireline Competition Bureau has not announced that the database administrator has made the initial database download file available for testing by October 7, 2024, the compliance deadline set forth in this paragraph (b) shall be extended consistent with the delay, and the Wireline Competition Bureau is delegated authority to revise this section accordingly. ( c ) With respect to small service providers that are covered providers or wireline providers of voice service, compliance with paragraph (a) of this section shall be required June 5, 2025. In the event the Wireline Competition Bureau has not released the database download file specification by October 7, 2024, or in the event the Wireline Competition Bureau has not announced that the database administrator has made the initial database download file available for testing by April 7, 2025, the compliance deadline set forth in this paragraph (c) shall be extended consistent with the delay, and the Wireline Competition Bureau is delegated authority to revise this section accordingly. § 64.6409 Compliance date. Compliance with §§ 64.6400 through 64.6407 is required by July 15, 2024. [ 89 FR 47871 , June 4, 2024] Appendix A to Part 64—Telecommunications Service Priority (TSP) System for National Security Emergency Preparedness (NSEP) 1. Purpose and Authority a . This appendix establishes rules, policies, and procedures and outlines responsibilities for the National Security Emergency Preparedness (NSEP) Telecommunications Service Priority (TSP) System. The NSEP TSP System authorizes priority treatment to certain telecommunications services and internet Protocol-based services, including voice, data, and video services, for which provisioning or restoration priority levels are requested, assigned, and approved in accordance with this appendix. b . This appendix is issued pursuant to sections 1, 4(i), 4(j), 4(n), 201-205, 251(e)(3), 254, 301, 303(b), 303(g), 303(r), 307, 308(a), 309(a), 309(j), 316, 332, 403, 615a-1, 615c, and 706 of the Communications Act of 1934, as amended, codified at 47 U.S.C. 151 , 154(i)-(j) , (n), 201-205, 251(e)(3), 254, 301, 303(b), 303(g), 303(r), 307, 308(a), 309(a), 309(j), 316, 332, 403, 615a-1, 615c, 606; and Executive Order 13618 . These authorities grant to the Federal Communications Commission (FCC) the authority over the assignment and approval of priorities for provisioning and restoration of telecommunications services and internet Protocol-based services (NSEP services). Under section 706 of the Communications Act, this authority may be superseded, and the mandatory provisions of this section may be expanded to include non-common carrier telecommunications services, by the war emergency powers of the President of the United States. c . This appendix establishes rules for provisioning and restoration of NSEP services both before and after invocation of the President's war emergency powers. The rules, regulations, and procedures outlined in this appendix must be applied on a day-to-day basis to all NSEP services that are eligible for TSP so that the priorities they establish can be implemented when the need arises. 2. Definitions As used in this appendix: a . Assignment means the designation of priority level(s) for a defined NSEP telecommunications service or internet Protocol-based service for a specified time period. b . Audit means a quality assurance review in response to identified problems. c . Government refers to the Federal government or any foreign, state, county, municipal or other local government agency or organization. Specific qualifications will be supplied whenever reference to a particular level of government is intended ( e.g., “Federal government,” “state government”). “Foreign government” means any sovereign empire, kingdom, state, or independent political community, including foreign diplomatic and consular establishments and coalitions or associations of governments ( e.g., North Atlantic Treaty Organization (NATO), Southeast Asian Treaty Organization (SEATO), Organization of American States (OAS), and government agencies or organization ( e.g., Pan American Union, International Postal Union, and International Monetary Fund)). d . Internet Protocol-based services refers to services and applications that feature digital communications capabilities and which generally use the internet Protocol. e . Invocation Official refers to an individual who ( 1 ) understands how the requested service ties to the organization's NSEP mission; ( 2 ) is authorized to approve the expenditure of funds necessary for the requested service; and ( 3 ) has operational responsibilities for telecommunications procurement and/or management within the organization. f . National Coordinating Center for Communications (NCC) refers to the joint telecommunications industry-Federal government operation that assists in the initiation, coordination, restoration, and reconstitution of NSEP telecommunications services or facilities. g . National Security Emergency Preparedness (NSEP) services, or “NSEP services,” means telecommunications services or internet Protocol-based services which are used to maintain a state of readiness or to respond to and manage any event or crisis (local, national, or international), which causes or could cause injury or harm to the population, damage to or loss of property, or degrades or threatens the NSEP posture of the United States. These services fall into two specific categories, Emergency NSEP and Essential NSEP, and are assigned priority levels pursuant to section 8 of this appendix. h . NSEP treatment refers to the provisioning of a specific NSEP service before others based on the provisioning priority level assigned by DHS. i . Priority action means assignment, revision, revocation, or revalidation by DHS of a priority level associated with an NSEP service. j . Priority level means the level that may be assigned to an NSEP service specifying the order in which provisioning or restoration of the service is to occur relative to other NSEP and/or non-NSEP telecommunications services. Priority levels authorized by this appendix are designated highest to lowest: E, 1, 2, 3, 4, and 5, for provisioning and 1, 2, 3, 4, and 5, for restoration. k . Priority level assignment means the priority level(s) designated for the provisioning and/or restoration of a specific NSEP service under section 8 of this appendix. l . Private NSEP services include non-common carrier telecommunications services. m . Promptly means without delay. n . Provisioning means the act of supplying service to a user, including all associated transmission, wiring, and equipment. As used herein, “provisioning” and “initiation” are synonymous and include altering the state of an existing priority service or capability. o . Public switched NSEP services include those NSEP services using public switched networks. p . Reconciliation means the comparison of NSEP service information and the resolution of identified discrepancies. q . Restoration means the repair or returning to service of one or more services that have experienced a service outage or are unusable for any reason, including a damaged or impaired facility. Such repair or returning to service may be done by patching, rerouting, substitution of component parts or pathways, and other means, as determined necessary by a service provider. r . Revalidation means the re-justification by a service user of a priority level assignment. This may result in extension by DHS of the expiration date associated with the priority level assignment. s . Revision means the change of priority level assignment for an NSEP service. This includes any extension of an existing priority level assignment to an expanded NSEP service. t . Revocation means the elimination of a priority level assignment when it is no longer valid. All priority level assignments for an NSEP service are revoked upon service termination. u . Service identification refers to the information uniquely identifying an NSEP service to the service provider and/or service user. v . Service user refers to any individual or organization (including a service provider) supported by an NSEP service for which a priority level has been requested or assigned pursuant to section 7 or 8 of this appendix. w . Service provider refers to a provider of telecommunications services or internet Protocol-based services. The term includes resale carriers, prime contractors, subcontractors, and interconnecting carriers. x . Spare circuits or services refers to those not being used or contracted for by any customer. y . Sponsoring Federal organization refers to a Federal agency that determines eligibility for participation in the TSP Program for non-Federal (state, local, tribal, and foreign governments and private sector) organizations. A sponsor can be any Federal agency with which a non-Federal user may be affiliated. The sponsoring Federal agency ensures the service supports an NSEP function and merits TSP participation. z . Telecommunications services means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. 3. Scope a . Service providers. ( 1 ) This appendix applies to the provision and restoration of certain telecommunications services or internet Protocol-based services for which priority levels are requested, assigned, and approved pursuant to section 8 of this appendix. ( 2 ) Common carriers and providers of any services that are interconnected to common carrier services must offer prioritized provisioning and restoration of circuit-switched voice communication services. Any service provider may, on a voluntary basis, offer prioritized provisioning and restoration of data, video, and IP-based voice services. b . Eligible services. The NSEP TSP System and procedures established by this appendix authorize priority treatment to the following domestic services (including portions of U.S. international services offered by U.S. service providers) for which provisioning or restoration priority levels are requested, assigned, and approved in accordance with this appendix: ( 1 ) Common carrier services which are: ( a ) Interstate or foreign telecommunications services, ( b ) Intrastate telecommunications services inseparable from interstate or foreign telecommunications services, and intrastate telecommunications services to which priority levels are assigned pursuant to section 8 of this appendix. ( 2 ) Services which are provided by government and/or non-common carriers and are interconnected to common carrier services assigned a priority level pursuant to section 8 of this appendix. c . Control services and orderwires. The NSEP TSP System and procedures established by this appendix are not applicable to authorize priority treatment to control services or orderwires owned by a service provider and needed for provisioning, restoration, or maintenance of other services owned by that service provider, e.g., the signaling path(s) or control plane services used by a service provider's technical staff to control, coordinate, and direct network operations. Such control services and orderwires shall have priority provisioning and restoration over all other services (including NSEP services) and shall be exempt from preemption. However, the NSEP TSP System and procedures established by this appendix are applicable to control services or orderwires leased by a service provider. d . Other services. The NSEP TSP System may apply, at the discretion of and upon special arrangements by service users involved, to authorize priority treatment to the following services: ( 1 ) Government or non-common carrier services which are not connected to common carrier provided services assigned a priority level pursuant to section 8 of this appendix. ( 2 ) Portions of U.S. international services which are provided by foreign correspondents. (U.S. service providers are encouraged to ensure that relevant operating arrangements are consistent to the maximum extent practicable with the NSEP TSP System. If such arrangements do not exist, U.S. service providers should handle service provisioning and/or restoration in accordance with any system acceptable to their foreign correspondents which comes closest to meeting the procedures established in this appendix.) 4. Policy The NSEP TSP System is the regulatory, administrative, and operational system authorizing and providing for priority treatment, i.e., provisioning and restoration, of NSEP services. As such, it establishes the framework for service providers to provision, restore, or otherwise act on a priority basis to ensure effective NSEP services. The NSEP TSP System allows the assignment of priority levels to any NSEP service across three time periods, or stress conditions: Peacetime/Crisis/Mobilizations, Attack/War, and Post-Attack/Recovery. Although priority levels normally will be assigned by DHS and retained by service providers only for the current time period, they may be preassigned for the other two time periods at the request of service users who are able to identify and justify in advance, their wartime or post-attack NSEP requirements. Absent such preassigned priority levels for the Attack/War and Post-Attack/Recovery periods, priority level assignments for the Peacetime/Crisis/Mobilization period will remain in effect. At all times, priority level assignments will be subject to revision by the FCC or (on an interim basis) DHS, based upon changing NSEP needs. No other system of service priorities which conflicts with the NSEP TSP System is authorized by this appendix. 5. Responsibilities a . The FCC: ( 1 ) Provides regulatory oversight of the NSEP TSP System. ( 2 ) Enforces NSEP TSP System rules and regulations which are contained in this appendix. ( 3 ) Performs such functions as are required by law, including: ( a ) with respect to all entities licensed or regulated by the FCC: the extension of or change in network facilities; the discontinuance, reduction, or impairment of interstate services; the control of common carrier rates, charges, practices, and classifications; the construction, authorization, activation, deactivation, or closing of radio stations, services, and facilities; the assignment of radio frequencies to licensees; the investigation of violations of FCC rules; and the assessment of communications service provider emergency needs and resources; and ( b ) supports the continuous operation and restoration of critical communications systems and services by assisting the Secretary of Homeland Security with infrastructure damage assessment and restoration, and by providing the Secretary of Homeland Security with information collected by the FCC on communications infrastructure, service outages, and restoration, as appropriate. ( 4 ) Functions (on a discretionary basis) as a sponsoring Federal organization. (See section 5.b below.) b . Sponsoring Federal organizations: ( 1 ) Review and decide whether to sponsor foreign, state, and local government and private industry (including service providers) requests for priority actions. Federal organizations forward sponsored requests with recommendations for disposition to DHS. Such recommendations are based on the categories and criteria in section 10 of this appendix. ( 2 ) Forward notification of priority actions or denials of requests for priority actions from DHS to the requesting foreign, state, and local government and private industry entities. ( 3 ) Cooperate with DHS during reconciliation, revalidation, and audits. c . Service users: ( 1 ) Identify services requiring priority level assignments and request and justify priority level assignments in accordance with this appendix. ( 2 ) Request and justify revalidation of all priority level assignments at least every three years. ( 3 ) For services assigned priority levels, ensure (through contractual means or otherwise) availability of customer premises equipment and wiring necessary for end-to-end service operation by the service due date, and continued operation; and, for such services in the Emergency NSEP category, by the time that providers are prepared to provide the services. Additionally, designate the organization responsible for the service on an end-to-end basis. ( 4 ) Prepare to accept services assigned priority levels by the service due dates or, for services in the Emergency NSEP category, when they are available. ( 5 ) Pay providers any authorized costs associated with services that are assigned priority levels. ( 6 ) Report to providers any failed or unusable services that are assigned priority levels. ( 7 ) Designate a 24-hour point-of-contact for matters concerning each request for priority action and apprise DHS thereof. ( 8 ) Upon termination of services that are assigned priority levels, or circumstances warranting revisions in priority level assignment ( e.g., expansion of service), request and justify revocation or revision. ( 9 ) When NSEP treatment is invoked under section 8(c) of this appendix, within 90 days following provisioning of the service involved, forward to the Priority Services Program Office complete information identifying the time and event associated with the invocation and regarding whether the NSEP service requirement was adequately handled and whether any additional charges were incurred. ( 10 ) Cooperate with DHS during reconciliation, revalidation, and audits. ( 11 ) Comply with DHS policies and procedures that are consistent with this appendix. d . Non-federal service users, in addition to responsibilities described above in section 5.c, obtain a sponsoring Federal organization for all requests for priority actions. If unable to find a sponsoring Federal organization, a non-federal service user may submit its request, which must include documentation of attempts made to obtain a sponsor and reasons given by the sponsor for its refusal, directly to DHS. e . Service providers: ( 1 ) When NSEP treatment is invoked by service users, provision NSEP services before non-NSEP services, based on priority level assignments made by DHS. Service providers must: ( a ) Promptly provide NSEP services. When limited resources constrain response capability, providers will address conflicts for resources by: ( i ) Providing NSEP services in order of provisioning priority level assignment, from highest (“E”) to lowest (“5”); ( ii ) Providing Emergency NSEP services ( i.e., those assigned provisioning priority level “E”) in order of receipt of the service requests; ( iii ) Providing Essential NSEP services that have the same provisioning priority level in order of service due dates; and ( iv ) Referring any conflicts which cannot be resolved (to the mutual satisfaction of service providers and users) to DHS for resolution. ( b ) Comply with NSEP service requests by: ( i ) Promptly providing Emergency NSEP services, dispatching outside normal business hours when necessary; ( ii ) Promptly meeting requested service dates for Essential NSEP services, negotiating a mutually (authorized user and provider) acceptable service due date when the requested service due date cannot be met; and ( 2 ) Restore NSEP services which suffer outage or are reported as unusable or otherwise in need of restoration, before non-NSEP services, based on restoration priority level assignments. (Note: For broadband or multiple service facilities, restoration is permitted even though it might result in restoration of services assigned to lower priority levels along with, or sometimes ahead of, some higher priority level services.) Restoration will require service providers to restore NSEP services in order of restoration priority level assignment”) by: ( a ) Promptly restoring NSEP services by dispatching outside normal business hours to restore services assigned Priority Level 1, 2, or 3, when necessary, and services assigned Priority Level 4 or 5 when the next business day is more than 24 hours away; ( b ) Restoring NSEP services assigned the same restoration priority level based upon which service can be first restored. (However, restoration actions in progress should not normally be interrupted to restore another NSEP service assigned the same restoration priority level); ( c ) Patching and/or rerouting NSEP services assigned restoration priority levels when use of patching and/or rerouting will hasten restoration; and ( d ) Referring any conflicts which cannot be resolved (to the mutual satisfaction of service providers and users) to DHS for resolution. ( 3 ) Respond to provisioning requests of authorized users and/or other service providers, and to restoration priority level assignments when an NSEP service suffers an outage or is reported as unusable, by: ( a ) Ensuring that provider personnel understand their responsibilities to handle NSEP provisioning requests and to restore NSEP service; ( b ) Providing a 24-hour point-of-contact for receiving provisioning requests for Emergency NSEP services and reports of NSEP service outages or unusability; and ( c ) Seeking verification from an authorized entity if legitimacy of a priority level assignment or provisioning request for an NSEP service is in doubt. However, processing of Emergency NSEP service requests will not be delayed for verification purposes. ( 4 ) Cooperate with other service providers involved in provisioning or restoring a portion of an NSEP service by honoring provisioning or restoration priority level assignments, or requests for assistance to provision or restore NSEP services. ( 5 ) All service providers, including resale carriers, are required to ensure that service providers supplying underlying facilities are provided information necessary to implement priority treatment of facilities that support NSEP services. ( 6 ) Preempt, when necessary, existing services to provide an NSEP service as authorized in section 6 of this appendix. ( 7 ) Assist in ensuring that priority level assignments of NSEP services are accurately identified “end-to-end” by: ( a ) Seeking verification from an authorized Federal government entity if the legitimacy of the restoration priority level assignment is in doubt; ( b ) Providing to subcontractors and/or interconnecting carriers the restoration priority level assigned to a service; ( c ) Supplying, to DHS, when acting as a prime contractor to a service user, confirmation information regarding NSEP service completion for that portion of the service they have contracted to supply; ( d ) Supplying, to DHS, NSEP service information for the purpose of reconciliation; ( e ) Cooperating with DHS during reconciliation; and ( f ) Periodically initiating reconciliation with their subcontractors and arranging for subsequent subcontractors to cooperate in the reconciliation process. ( 8 ) Receive compensation for costs authorized through tariffs or contracts by: ( a ) Provisions contained in properly filed state or Federal tariffs; or ( b ) Provisions of properly negotiated contracts where the carrier is not required to file tariffs. ( 9 ) Provision or restore only the portions of services for which they have agreed to be responsible ( i.e., have contracted to supply), unless the President's war emergency powers under section 706 of the Communications Act are in effect. ( 10 ) Cooperate with DHS during audits. ( 11 ) Comply with DHS policies or procedures that are consistent with this appendix. ( 12 ) Ensure that at all times a reasonable number of public switched network services are made available for public use. ( 13 ) Do not disclose information concerning NSEP services they provide to those not having a need-to-know or that might use the information for competitive advantage. ( 14 ) Take all reasonable efforts to secure the confidentiality of TSP information from unauthorized disclosure, including by storing such information in a location and with security safeguards that are reasonably designed to protect against lawful or unlawful disclosure to company employees or service providers without a legitimate need for this information, or other entities to which the disclosure of this information would pose a threat to the national security of the United States. Service providers will immediately notify the FCC and DHS of any attempt to compel the disclosure of this information and will coordinate with the FCC and DHS prior to such disclosure. In emergency situations where prior notice is impracticable, service providers will notify the FCC and DHS as soon as possible, but no later than 48 hours after such disclosure, and should accompany such notice with an explanation why prior notice was not practicable. ( 15 ) Comply with all relevant Commission rules regarding TSP. 6. Preemption of Existing Services When necessary to provision or restore NSEP services, service providers may preempt services they provide as specified below. “Service user” as used in this section means any user of a telecommunications service or internet Protocol-based service, including both NSEP and non-NSEP services. Prior consent by a preempted user is not required. a . Existing services may be preempted to provision NSEP services assigned Priority Level E or restore NSEP services assigned Priority Level 1 through 5 according to the following sequence: ( 1 ) Non-NSEP services: If suitable spare services are not available, non-NSEP services will be preempted. After ensuring a sufficient number of public switched services are available for public use, based on the service provider's best judgment, such services may be used to satisfy a requirement for provisioning or restoring NSEP services. ( 2 ) NSEP services: If no suitable spare services or non-NSEP services are available, existing NSEP services may be preempted to provision or restore NSEP services with higher priority level assignments. When this is necessary, NSEP services will be selected for preemption in the inverse order of priority level assignment. ( 3 ) Service providers who are preempting services will ensure their best effort to notify the service user of the preempted service and state the reason for and estimated duration of the preemption. b . Service providers may, based on their best judgment, determine the sequence in which existing services may be preempted to provision NSEP services assigned Priority Level 1 through 5. Preemption is not subject to the consent of the user whose service will be preempted. 7. Requests for Priority Assignments All service users are required to submit requests for priority assignments to DHS in the format and following the procedures that DHS prescribes. 8. Assignment, Approval, Use, and Invocation of Priority Levels a . Assignment and approval of priority levels. Priority level assignments will be based upon the categories and criteria specified in section 10 of this appendix. After invocation of the President's war emergency powers, these requirements may be superseded by other procedures issued by DHS. b . Use of priority level assignments. ( 1 ) All provisioning and restoration priority level assignments for services in the Emergency NSEP category will be included in initial service orders to providers. Provisioning priority level assignments for Essential NSEP services, however, will not usually be included in initial service orders to providers. NSEP treatment for Essential NSEP services will be invoked and provisioning priority level assignments will be conveyed to service providers only if the providers cannot meet needed service dates through the normal provisioning process. ( 2 ) Any revision or revocation of either provisioning or restoration priority level assignments will also be transmitted to providers. ( 3 ) Service providers shall accept priority levels and/or revisions only after assignment by DHS. Note: Service providers acting as prime contractors will accept assigned NSEP priority levels only when they are accompanied by the DHS designated service identification ( i.e., TSP Authorization Code). However, service providers are authorized to accept priority levels and/or revisions from users and contracting activities before assignment by DHS when service providers, users, and contracting activities are unable to communicate with either the FCC or DHS. Processing of Emergency NSEP service requests will not be delayed for verification purposes. c . Invocation of NSEP treatment. To invoke NSEP treatment for the priority provisioning of an NSEP service, an authorized federal employee within, or acting on behalf of, the service user's organization must make a declaration to concerned service provider(s) and DHS that NSEP treatment is being invoked. An authorized invocation official is one who ( 1 ) understands how the requested service ties to the organization's NSEP mission; ( 2 ) is authorized to approve the expenditure of funds necessary for the requested service; and ( 3 ) has operational responsibilities for telecommunications procurement and/or management within the organization. 9. Appeal Service users or sponsoring Federal organizations may appeal any priority level assignment, denial, revision, revocation, approval, or disapproval to DHS within 30 days of notification to the service user. The appellant must use the form or format required by DHS and must serve the FCC with a copy of its appeal. Service users and sponsoring Federal organizations may only appeal directly to the FCC after DHS action on the appeal. Such FCC appeal must be filed within 30 days of notification of DHS's decision on appeal. Additionally, DHS may appeal any FCC revisions, approvals, or disapprovals to the FCC. All appeals to the FCC must be submitted using the form or format required. The party filing its appeal with the FCC must include factual details supporting its claim and must serve a copy on DHS and any other party directly involved. Such party may file a response within 20 days, and replies may be filed within 10 days thereafter. The Commission will not issue public notices of such submissions. The Commission will provide notice of its decision to the parties of record. Any appeals to DHS that include a claim of new information that has not been presented before for consideration may be submitted at any time. 10. Categories, Criteria, and Priority Levels a . General. NSEP TSP System categories and criteria, and permissible priority level assignments, are defined and explained below. ( 1 ) The Essential NSEP category has four subcategories: National Security Leadership; National Security Posture and U.S. Population Attack Warning; Public Health, Safety, and Maintenance of Law and Order; and Public Welfare and Maintenance of National Economic Posture. Each subcategory has its own criteria. Criteria are also shown for the Emergency NSEP category, which has no sub-categories. ( 2 ) Priority Levels 1, 2, 3, 4, and 5 may be assigned for provisioning and/or restoration of Essential NSEP services. However, for Emergency NSEP services, Priority Level E is assigned for provisioning, and Priority Levels 1, 2, 3, 4, and 5 may be assigned for restoration of Emergency NSEP services. ( 3 ) The NSEP TSP System allows the assignment of priority levels to any NSEP service across three time periods, or stress conditions: Peacetime/Crisis/Mobilization, Attack/War, and Post-Attack/Recovery. It is expected that priority levels may be revised within the three time periods by surviving authorized resource managers within DHS based upon specific facts and circumstances. ( 4 ) Service users may, for their own internal use, assign sub-priorities to their services assigned priority levels. Receipt of and response to any such sub-priorities is optional for service providers. ( 5 ) The following paragraphs provide a detailed explanation of the categories, subcategories, criteria, and priority level assignments, beginning with the Emergency NSEP category. b . Emergency NSEP. Services in the Emergency NSEP category are those new services so critical as to be required to be provisioned at the earliest possible time, without regard to the costs of obtaining them. ( 1 ) Criteria. To qualify under the Emergency NSEP category, the service must meet criteria directly supporting or resulting from at least one of the following NSEP functions: ( a ) Federal government activity responding to a Presidentially declared disaster or emergency as defined in the Disaster Relief Act ( 42 U.S.C. 5122 ). ( b ) State or local government activity responding to a Presidentially declared disaster or emergency. ( c ) Response to a state of crisis declared by the National Command Authorities ( e.g., exercise of Presidential war emergency powers under section 706 of the Communications Act.) ( d ) Efforts to protect endangered U.S. personnel or property. ( e ) Response to an enemy or terrorist action, civil disturbance, natural disaster, or any other unpredictable occurrence that has damaged facilities whose uninterrupted operation is critical to NSEP or the management of other ongoing crises. ( f ) Certification by the head or director of a Federal agency, commander of a unified/specified command, chief of a military service, or commander of a major military command, that the service is so critical to protection of life and property or to NSEP that it must be provided immediately. ( g ) A request from an official authorized pursuant to the Foreign Intelligence Surveillance Act ( 50 U.S.C. 1801 et seq. and 18 U.S.C. 2511 , 2518 , 2519 ). ( 2 ) Priority Level Assignment. ( a ) Services qualifying under the Emergency NSEP category are assigned Priority Level E for provisioning. ( b ) After 30 days, assignments of Priority Level E for Emergency NSEP services are automatically revoked unless extended for another 30-day period. A notice of any such revocation will be sent to service providers. ( c ) For restoration, Emergency NSEP services may be assigned priority levels under the provisions applicable to Essential NSEP services (see section 10(c)). Emergency NSEP services not otherwise qualifying for restoration priority level assignment as Essential NSEP may be assigned Priority Level 5 for a 30-day period. Such 30-day restoration priority level assignment will be revoked automatically unless extended for another 30-day period. A notice of any such revocation will be sent to service providers. c . Essential NSEP. Services in the Essential NSEP category are those required to be provisioned by due dates specified by service users, or restored promptly, normally without regard to associated overtime or expediting costs. They may be assigned Priority Level 1, 2, 3, 4, or 5 for both provisioning and restoration, depending upon the nature and urgency of the supported function, the impact of lack of service or of service interruption upon the supported function, and, for priority access to public switched services, the user's level of responsibility. Priority level assignments will be valid for no more than three years unless revalidated. To be categorized as Essential NSEP, a service must qualify under one of the four following subcategories: National Security Leadership; National Security Posture and U.S. Population Attack Warning; Public Health, Safety and Maintenance of Law and Order; or Public Welfare and Maintenance of National Economic Posture. (Note: Under emergency circumstances, Essential NSEP services may be recategorized as Emergency NSEP and assigned Priority Level E for provisioning.) ( 1 ) National security leadership. This subcategory is strictly limited to only those NSEP services essential to national survival if nuclear attack threatens or occurs, and critical orderwire and control services necessary to ensure the rapid and efficient provisioning or restoration of other NSEP services. Services in this subcategory are those for which a service interruption of even a few minutes would have serious adverse impact upon the supported NSEP function. ( a ) Criteria. To qualify under this subcategory, a service must be at least one of the following: ( i ) Critical orderwire, or control services, supporting other NSEP functions. ( ii ) Presidential communications service critical to continuity of government and national leadership during crisis situations. ( iii ) National command authority communications service for military command and control critical to national survival. ( iv ) Intelligence communications service critical to warning of potentially catastrophic attack. ( v ) Communications service supporting the conduct of diplomatic negotiations critical to arresting or limiting hostilities. ( b ) Priority level assignment. Services under this subcategory will normally be assigned Priority Level 1 for provisioning and restoration during the Peace/Crisis/Mobilization time period. ( 2 ) National security posture and U.S. population attack warning. This subcategory covers additional NSEP services that are essential to maintaining an optimum defense, diplomatic, or continuity-of-government postures before, during, and after crises situations. Such situations are those ranging from national emergencies to international crises, including nuclear attack. Services in this subcategory are those for which a service interruption ranging from a few minutes to one day would have serious adverse impact upon the supported NSEP function. ( a ) Criteria. To qualify under this subcategory, a service must support at least one of the following NSEP functions: ( i ) Threat assessment and attack warning. ( ii ) Conduct of diplomacy. ( iii ) Collection, processing, and dissemination of intelligence. ( iv ) Command and control of military forces. ( v ) Military mobilization. ( vi ) Continuity of Federal government before, during, and after crises situations. ( vii ) Continuity of state and local government functions supporting the Federal government during and after national emergencies. ( viii ) Recovery of critical national functions after crises situations. ( ix ) National space operations. ( b ) Priority level assignment. Services under this subcategory will normally be assigned Priority Level 2, 3, 4, or 5 for provisioning and restoration during Peacetime/Crisis/Mobilization. ( 3 ) Public health, safety, and maintenance of law and order. This subcategory covers NSEP services necessary for giving civil alert to the U.S. population and maintaining law and order and the health and safety of the U.S. population in times of any national, regional, or serious local emergency. These services are those for which a service interruption ranging from a few minutes to one day would have serious adverse impact upon the supported NSEP functions. ( a ) Criteria. To qualify under this subcategory, a service must support at least one of the following NSEP functions: ( i ) Population warning (other than attack warning). ( ii ) Law enforcement. ( iii ) Continuity of critical state and local government functions (other than support of the Federal government during and after national emergencies). (vi) Hospitals and distributions of medical supplies. ( v ) Critical logistic functions and public utility services. ( vi ) Civil air traffic control. ( vii ) Military assistance to civil authorities. ( viii ) Defense and protection of critical industrial facilities. ( ix ) Critical weather services. ( x ) Transportation to accomplish the foregoing NSEP functions. ( b ) Priority level assignment. Service under this subcategory will normally be assigned Priority Levels 3, 4, or 5 for provisioning and restoration during Peacetime/Crisis/Mobilization. ( 4 ) Public welfare and maintenance of national economic posture. This subcategory covers NSEP services necessary for maintaining the public welfare and national economic posture during any national or regional emergency. These services are those for which a service interruption ranging from a few minutes to one day would have serious adverse impact upon the supported NSEP function. ( a ) Criteria. To qualify under this subcategory, a service must support at least one of the following NSEP functions: ( i ) Distribution of food and other essential supplies. ( ii ) Maintenance of national monetary, credit, and financial systems. ( iii ) Maintenance of price, wage, rent, and salary stabilization, and consumer rationing programs. ( iv ) Control of production and distribution of strategic materials and energy supplies. ( v ) Prevention and control of environmental hazards or damage. ( vi ) Transportation to accomplish the foregoing NSEP functions. ( b ) Priority level assignment. Services under this subcategory will normally be assigned Priority Levels 4 or 5 for provisioning and restoration during Peacetime/Crisis/Mobilization. [ 87 FR 39784 , July 5, 2022] Appendix B to Part 64—Wireless Priority Service (WPS) for National Security and Emergency Preparedness (NSEP) 1. Purpose and Authority a . This appendix establishes rules, policies, and procedures and outlines responsibilities for the Wireless Priority Service (WPS), previously called Priority Access Service (PAS), to support the needs of National Security Emergency Preparedness (NSEP) personnel. WPS authorizes priority treatment to certain domestic telecommunications services and internet Protocol-based services (NSEP services) for which priority levels are requested, assigned, and approved in accordance with this appendix. b . This appendix is issued pursuant to sections 1, 4(i), 4(j), 4(n), 201-205, 251(e)(3), 254, 301, 303(b), 303(g), 303(r), 307, 308(a), 309(a), 309(j), 316, 332, 403, 615a-1, 615c, and 706 of the Communications Act of 1934, as amended, codified at 47 U.S.C. 151 , 154(i)-(j) , (n), 201-205, 251(e)(3), 254, 301, 303(b), 303(g), 303(r), 307, 308(a), 309(a), 309(j), 316, 332, 403, 615a-1, 615c, 606; and Executive Order 13618 . Under section 706 of the Communications Act, this authority may be superseded by the war emergency powers of the President of the United States. 2. Definitions As used in this appendix: a . Authorizing agent refers to a Federal or State entity that authenticates, evaluates, and makes recommendations to DHS regarding the assignment of priority levels. b . Service provider (or wireless service provider) refers to a provider of a wireless communications service or internet Protocol-based service, including commercial or private mobile service. The term includes agents of the licensed provider and resellers of wireless service. c . Service user means an individual or organization to whom or which a priority access assignment has been made. d . The following terms have the same meaning as in Appendix A to part 64, as amended: ( 1 ) Assignment; ( 2 ) Government; ( 3 ) internet Protocol-based services; ( 4 ) National Coordinating Center for Communications (NCC); ( 5 ) National Security Emergency Preparedness (NSEP) services (excluding the last sentence); ( 6 ) Reconciliation; ( 7 ) Revalidation; ( 8 ) Revision; ( 9 ) Revocation. 3. Scope a . Applicability. This appendix applies to the provision of WPS by wireless service providers to users who qualify under the provisions of section 6 of this appendix. b . Eligible services. Wireless service providers may, on a voluntary basis, give eligible users priority access to, and priority use of, all secure and non-secure voice, data, and video services available over their networks. Providers that elect to offer these services must comply with all provisions of this appendix. 4. Policy WPS provides the means for NSEP users to obtain priority wireless access to available radio channels when necessary to initiate emergency communications. It does not preempt public safety emergency (911) calls, but it may preempt or degrade other in-progress voice calls. NSEP users are authorized to use priority signaling to ensure networks can detect WPS handset network registration and service invocation. WPS is used during situations when network congestion is blocking NSEP call attempts. It is available to authorized NSEP users at all times in markets where the service provider has voluntarily elected to provide such service. Priority Levels 1 through 5 are reserved for qualified and authorized NSEP users, and those users are provided access to radio channels before any other users. 5. Responsibilities a . The FCC: ( 1 ) Provides regulatory oversight of WPS. ( 2 ) Enforces WPS rules and regulations, which are contained in this appendix. ( 3 ) Acts as final authority for approval, revision, or disapproval of priority assignments by DHS and adjudicates disputes regarding priority assignments and denials of such requests by DHS, until superseded by the President's war emergency powers under Section 706 of the Communications Act. ( 4 ) Performs such functions as are required by law, including: ( a ) with respect to all entities licensed or regulated by the FCC: the extension of or change in network facilities; the discontinuance, reduction, or impairment of interstate services; the control of common carrier rates, charges, practices, and classifications; the construction, authorization, activation, deactivation, or closing of radio stations, services, and facilities; the assignment of radio frequencies to licensees; the investigation of violations of FCC rules; and the assessment of communications service provider emergency needs and resources; and ( b ) supports the continuous operation and restoration of critical communications systems and services by assisting the Secretary of Homeland Security with infrastructure damage assessment and restoration, and by providing the Secretary of Homeland Security with information collected by the FCC on communications infrastructure, service outages, and restoration, as appropriate. b . Authorizing agents: ( 1 ) Identify themselves as authorizing agents and their respective communities of interest to DHS. State authorizing agents provide a central point of contact to receive priority requests from users within their state. Federal authorizing agents provide a central point of contact to receive priority requests from Federal users or Federally sponsored entities. ( 2 ) Authenticate, evaluate, and make recommendations to DHS to approve priority level assignment requests using the priorities and criteria specified in section 6 of this appendix. When appropriate, authorizing agents recommend approval or denial of requests for WPS. ( 3 ) Ensure that documentation is complete and accurate before forwarding it to DHS. ( 4 ) Serve as a conduit for forwarding WPS information from DHS to service users and vice versa. Such information includes WPS requests and assignments, reconciliation and revalidation notifications, and other relevant information. ( 5 ) Participate in reconciliation and revalidation of WPS information at the request of DHS. ( 6 ) Disclose content of the WPS database only to those having a need-to-know. c . Service users: ( 1 ) Determine the need for and request WPS assignments in accordance with the processes and procedures established by DHS. ( 2 ) Initiate WPS requests through the appropriate authorizing agent. DHS approves or denies WPS requests and may direct service providers to remove WPS if appropriate. (Note: state and local government and private users apply for WPS through their designated state government authorizing agent. Federal users apply for WPS through their employing agency. State and local users in states where there has been no designation are sponsored by the Federal agency concerned with the emergency function as set forth in Executive Order 12656 . If no authorizing agent is determined using these criteria, DHS serves as the authorizing agent.) ( 3 ) Submit all correspondence regarding WPS to the authorizing agent. ( 4 ) Participate in reconciliation and revalidation of WPS information at the request of the authorizing agent or DHS. ( 5 ) Request discontinuance of WPS when the NSEP qualifying criteria used to obtain WPS is no longer applicable. ( 6 ) Pay service providers as billed for WPS. d . Service providers: ( 1 ) Provide WPS only upon receipt of an authorization from DHS and remove WPS for specific users at the direction of DHS. ( 2 ) Ensure that WPS Priority Level 1 exceeds all other priority services offered by WPS providers. ( 3 ) Designate a point of contact to coordinate with DHS regarding WPS. ( 4 ) Participate in reconciliation and revalidation of WPS information at the request of DHS. ( 5 ) As technically and economically feasible, provide roaming service users the same grade of WPS provided to local service users. ( 6 ) Disclose information regarding WPS users only to those having a need-to-know or who will not use the information for economic advantage. ( 7 ) Ensure that at all times a reasonable amount of wireless spectrum is made available for public use. ( 8 ) Notify DHS and the service user if WPS is to be discontinued as a service. ( 9 ) Comply with all relevant Commission rules regarding WPS. e . An appropriate body identified by DHS will identify and review any systemic problems associated with the WPS system and recommend actions to correct them or prevent their recurrence. 6. WPS Priority Levels and Qualifying Criteria a . The following WPS priority levels and qualifying criteria apply equally to all users and will be used as a basis for all WPS assignments. There are five levels of NSEP priorities, with Priority Level 1being the highest. The five priority levels are: ( 1 ) Executive Leadership and Policy Makers. Users who qualify for the Executive Leadership and Policy Makers category will be assigned Priority Level 1. A limited number of technicians who are essential to restoring wireless networks shall also receive this highest priority treatment. Users assigned to Priority Level 1 receive the highest priority in relation to all other priority services offered by WPS providers. Examples of users who are eligible for Priority Level 1 include: ( i ) The President of the United States, the Secretary of Defense, selected military leaders, and the staff who support these officials; ( ii ) State governors, lieutenant governors, cabinet-level officials responsible for public safety and health, and the staff who support these officials; and ( iii ) Mayors, county commissioners, and the staff who support these officials. ( 2 ) Disaster Response/Military Command and Control. Users who qualify for the Disaster Response/Military Command and Control category will be assigned Priority Level 2. This priority level includes individuals who manage the initial response to an emergency at the Federal, state, local, and regional levels. Personnel selected for this priority level are responsible for ensuring the viability or reconstruction of the basic infrastructure in an emergency area. In addition, personnel essential to continuity of government and national security functions (such as the conduct of international affairs and intelligence activities) are also included in this priority level. Examples of users who are eligible for Priority Level 2 include personnel from the following categories: ( i ) Federal emergency operations center coordinators, e.g., Chief, Public Safety and Homeland Security Bureau (FCC); Manager, National Coordinating Center for Communications; National Interagency Fire Center, Federal Coordinating Officer, Director of Military Support; ( ii ) State emergency services directors, National Guard leadership, Federal and state damage assessment team leaders; ( iii ) Federal, state and local personnel with continuity of government responsibilities; ( iv ) Incident command center managers, local emergency managers, other state and local elected public safety officials; and ( v ) Federal personnel with intelligence and diplomatic responsibilities. ( 3 ) Public Health, Safety and Law Enforcement Command. Users who qualify for the Public Health, Safety, and Law Enforcement Command category will be assigned Priority Level 3. This priority level includes individuals who conduct operations critical to life, property, and maintenance of law and order immediately following an emergency event. Examples of users who are eligible for Priority Level 3 include personnel from the following categories: ( i ) Federal law enforcement; ( ii ) State police; ( iii ) Local fire and law enforcement; ( iv ) Emergency medical services; ( v ) Search and rescue; ( vi ) Emergency communications; ( vii ) Critical infrastructure protection; and ( viii ) Hospital personnel. ( 4 ) Public Services/Utilities and Public Welfare. Users who qualify for the Public Services/Utilities and Public Welfare category will be assigned Priority Level 4. This priority level includes individuals who manage public works and utility infrastructure damage assessment and restoration efforts and transportation to accomplish emergency response activities. Examples of users who are eligible for Priority Level 4 include personnel from the following categories: ( i ) Army Corps of Engineers; ( ii ) Power, water, and sewage; ( iii ) Communications; ( iv ) Transportation; and ( v ) Financial services. ( 5 ) Disaster Recovery. Users who qualify for the Disaster Recovery category will be assigned Priority Level 5. This priority level includes individuals who manage a variety of recovery operations after the initial response has been accomplished. These functions may include managing medical resources such as supplies, personnel, or patients in medical facilities. Other activities such as coordination to establish and stock shelters, to obtain detailed damage assessments, or to support key disaster field office personnel may be included. Examples of users who are eligible for Priority Level 5 include personnel from the following categories: ( i ) Medical recovery; ( ii ) Detailed damage assessment; ( iii ) Emergency shelter; and ( iv ) Joint Field Office support personnel. b . These priority levels were selected to meet the needs of NSEP users who manage and respond to national security and public safety emergency situations, particularly during the first 24 to 72 hours following an event. c . The entities listed above are examples of the groups of users who may qualify for each priority level. The lists are non-exhaustive; other users may qualify for WPS, including those from the critical infrastructure sectors identified in Presidential Policy Directive 21. However, specific eligibility determinations and priority level assignments are made by DHS. 7. Appeal Service users and authorizing agents may appeal any priority level assignment, denial, revision, or revocation to DHS within 30 days of notification to the service user. If a dispute still exists following DHS action, an appeal may then be made to the FCC within 30 days of notification of DHS's decision. The party filing the appeal must include factual details supporting its claim and must provide a copy of the appeal to DHS and any other party directly involved. Involved parties may file a response to the appeal made to the FCC within 20 days, and the initial filing party may file a reply within 10 days thereafter. The FCC will provide notice of its decision to the parties of record. Until a decision is made, the service will remain status quo. 8. Preemption or Degradation of Existing Services Service providers may preempt or degrade in-progress voice, data, text, and video communications from NSEP users assigned to any priority level, except for public safety emergency (911) communications, when necessary to prioritize eligible WPS communications. a . Service providers are not required to offer preemption or degradation. b . Preemption and degradation are authorized for all five priority levels. c . Preemption and degradation are not subject to the consent of the user whose service will be preempted or degraded. 9. Priority Signaling Service providers may offer priority signaling to ensure networks can detect WPS handset registration and service invocation. [ 87 FR 39788 , July 5, 2022]
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PART 90—PRIVATE LAND MOBILE RADIO SERVICES Authority: 47 U.S.C. 154(i) , 161 , 303(g) , 303(r) , 332(c)(7) , 1401-1473 Source: 43 FR 54791 , Nov. 22, 1978, unless otherwise noted. Subpart A—General Information § 90.1 Basis and purpose. ( a ) Basis. The rules in this part are promulgated under Title III of the Communications Act of 1934, as amended which vests authority in the Federal Communications Commission to regulate radio transmission and to issue licenses for radio stations. All rules in this part are in accordance with applicable treaties and agreements to which the United States is a party. ( b ) Purpose. This part states the conditions under which radio communications systems may be licensed and used in the Public Safety, Industrial/Business Radio Pool, and Radiolocation Radio Services. These rules do not govern the licensing of radio systems belonging to and operated by the United States. [ 43 FR 54791 , Nov. 22, 1978, as amended at 65 FR 66650 , Nov. 7, 2000] § 90.5 Other applicable rule parts. Other Commission rule parts of importance that may be referred to with respect to licensing and operations in radio services governed under this part include the following: ( a ) Part 0 of the Commission's Rules describes the Commission's organization and delegations of authority. This part also lists available Commission publications, and standards and procedures for access to Commission records, and location of Commission Field Offices. ( b ) Part 1 includes rules of practice and procedure for the filing of applications for stations to operate in the Wireless Telecommunications Services, adjudicatory proceedings including hearing proceedings, and rule making proceedings; procedures for reconsideration and review of the Commission's actions; provisions concerning violation notices and forfeiture proceedings; and the environmental processing requirements that, together with the procedures specified in § 17.4(c) of this chapter , if applicable, must be complied with prior to initiating construction. ( c ) Part 2 contains the table of frequency allocations and special requirements in International regulations, agreements, and treaties. This part also contains standards and procedures concerning marketing of radio frequency devices, and for obtaining equipment certification. ( d ) Part 5 contains standards and procedures for obtaining experimental authorizations. ( e ) Part 15 provides for the operation of incidental and restricted radio frequency devices that do not require an individual license. ( f ) Part 17 contains requirements for construction, marking and lighting of antenna towers, and the environmental notification process that must be completed before filing certain antenna structure registration applications. ( g ) Part 18 deals with the operation of industrial, scientific, and medical (ISM) devices that are not intended for radio communication, ( h ) Part 20 contains rules relating to commercial mobile radio services. ( i ) Part 20 which governs commercial mobile radio service applicable to certain providers in the following services in this part: ( 1 ) Industrial/business pool. ( 2 ) Private paging; ( 3 ) Land mobile service on 220-222 MHz; ( 4 ) Specialized Mobile Radio Service. ( j ) Part 22 contains regulations for public (common carrier) mobile radio services. ( k ) Part 27 contains rules relating to miscellaneous wireless communications services. ( l ) Part 51 contains rules relating to interconnection. ( m ) Part 68 contains technical standards for connection of private land mobile radio equipment to the public switched telephone network. ( n ) Part 101 governs the operation of fixed microwave services. [ 43 FR 54791 , Nov. 22, 1978, as amended at 50 FR 39677 , Sept. 30, 1985; 55 FR 20398 , May 16, 1990; 58 FR 21407 , Apr. 21, 1993; 59 FR 18499 , Apr. 19, 1994; 59 FR 59957 , Nov. 21, 1994; 61 FR 45635 , Aug. 29, 1996; 63 FR 36608 , July 7, 1998; 63 FR 68958 , Dec. 14, 1998; 72 FR 35190 , June 27, 2007; 72 FR 48858 , Aug. 24, 2007; 77 FR 3955 , Jan. 26, 2012] § 90.7 Definitions. 220 MHz service. The radio service for the licensing of frequencies in the 220-222 MHz band. 800 MHz Cellular System. In the 806-824 MHz/ 851-869 MHz band, a system that uses multiple, interconnected, multi-channel transmit/receive cells capable of frequency reuse and automatic handoff between cell sites to serve a larger number of subscribers than is possible using non-cellular technology. 800 MHz High Density Cellular System. In the 806-824 MHz/ 851-869 MHz band, a high density cellular system is defined as a cellular system which: ( 1 ) Has more than five overlapping interactive sites featuring hand-off capability; and ( 2 ) Any one of such sites has an antenna height of less than 30.4 meters (100 feet) above ground level with an antenna height above average terrain (HAAT) of less than 152.4 meters (500 feet) and twenty or more paired frequencies. 900 MHz broadband. See 47 CFR 27.1501 . 900 MHz broadband licensee. See 47 CFR 27.1501 . 900 MHz broadband segment. See 47 CFR 27.1501 . 900 MHz narrowband segment. See 47 CFR 27.1501 . 900 MHz SMR MTA-based license or MTA license. ( 1 ) A license authorizing the right to use a specified block of 900 MHz SMR spectrum within one of the 47 Major Trading Areas (“MTAs”), as embodied in Rand McNally's Trading Areas System MTA Diskette and geographically represented in the map contained in Rand McNally's Commercial Atlas & Marketing Guide (the “MTA Map”), with the following exceptions and additions: ( i ) Alaska is separated from the Seattle MTA and is licensed separately. ( ii ) Guam and the Northern Mariana Islands are licensed as a single MTA-like area. ( iii ) Puerto Rico and the United States Virgin Islands are licensed as a single MTA-like area. ( iv ) American Samoa is licensed as a single MTA-like area. ( 2 ) The MTA map is available for public inspection through the Federal Communications Commission's Reference Information Center. Antenna height above average terrain (AAT). Height of the center of the radiating element of the antenna above the average terrain. (See § 90.309(a)(4) for calculation method.) Antenna height above sea level. The height of the topmost point of the antenna above mean sea level. Antenna structure. Structure on which an antenna is mounted. Assigned frequency. Center of a frequency band assigned to a station. Assigned frequency band. The frequency band the center of which coincides with the frequency assigned to the station and the width of which equals the necessary bandwidth plus twice the absolute value of the frequency tolerance. Authorized bandwidth. The frequency band, specified in kilohertz and centered on the carrier frequency containing those frequencies upon which a total of 99 percent of the radiated power appears, extended to include any discrete frequency upon which the power is at least 0.25 percent of the total radiated power. Automobile emergency licensee. Persons regularly engaged in any of the following activities who operate radio stations for transmission of communications required for dispatching repair trucks, tow trucks, or other road service vehicles to disabled vehicles: ( 1 ) The operation of a private emergency road service for disabled vehicles by associations of owners of private automobiles; or ( 2 ) The business of providing to the general public an emergency road service for disabled vehicles. Average terrain. The average elevation of terrain between 3.2 and 16 km (2 and 10 miles) from the antenna site. Base station. A station at a specified site authorized to communicate with mobile stations. Basic trading areas. Service areas that are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with the following additions licensed separately as BTA-like areas: American Samoa; Guam, Northern Mariana Islands; Mayaguez/Aguadilla-Ponce, Puerto Rico; San Juan, Puerto Rico; and the United States Virgin Islands. The Mayaguez/Aguadilla-Ponce BTA-like service area consists of the following municipios: Adjuntas, Aguada, Aguadilla, Anasco, Arroyo, Cabo Rojo, Coamo, Guanica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana Diaz, Lajas, Las Marias, Maricao, Maunabo, Mayaguez, Moca, Patillas, Penuelas, Ponce, Quebradillas, Rincon, Sabana Grande, Salinas, San German, Santa Isabel, Villalba, and Yauco. The San Juan BTA-like service area consists of all other municipios in Puerto Rico. Carrier frequency. The frequency of an unmodulated electromagnetic wave. Centralized trunked system. A system in which there is dynamic assignment of communications paths by automatically searching all communications paths in the system and assigning to a user an open communications path within that system. Individual communications paths within a trunked system may be classified as centralized or decentralized in accordance with the requirements of § 90.187 . Channel loading. The number of mobile transmitters authorized to operate on a particular channel within the same service area. Communications zone. The service area associated with an individual fixed Roadside Unit (RSU). The communications zone is determined based on the RSU equipment class specified in section 90.375 . Contention-based protocol. A protocol that allows multiple users to share the same spectrum by defining the events that must occur when two or more transmitters attempt to simultaneously access the same channel and establishing rules by which a transmitter provides reasonable opportunities for other transmitters to operate. Such a protocol may consist of procedures for initiating new transmissions, procedures for determining the state of the channel (available or unavailable), and procedures for managing retransmissions in the event of a busy channel. Contention-based protocols shall fall into one of two categories: ( 1 ) An unrestricted contention-based protocol is one which can avoid co-frequency interference with devices using all other types of contention-based protocols. ( 2 ) A restricted contention-based protocol is one that does not qualify as unrestricted. Control point. Any place from which a transmitter's functions may be controlled. Control station. An Operational Fixed Station, the transmissions of which are used to control automatically the emissions or operation of another radio station at a specified location. Conventional radio system. A method of operation in which one or more radio frequency channels are assigned to mobile and base stations but are not employed as a trunked group. An “urban-conventional system” is one whose transmitter site is located within 24 km (15 miles) of the geographic center of any of the first 50 urbanized areas (ranked by population) of the United States. A “sub-urban-conventional system” is one whose transmitter site is located more than 24 km (15 miles) from the geographic center of the first 50 urbanized areas. See Table 21, Rank of Urbanized Areas in the United States by Population, page 1-87, U.S. Census (1970); and table 1 of § 90.635 . Critical Infrastructure Industry (CII). State, local government and non-government entities, including utilities, railroads, metropolitan transit systems, pipelines, private ambulances, volunteer fire departments, and not-for-profit organizations that offer emergency road services, providing private internal radio services provided these private internal radio services are used to protect safety of life, health, or property; and are not made commercially available to the public. Decentralized trunked system. A system which monitors the communications paths within its assigned channels for activity within and outside of the trunked system and transmits only when an available communications path is found. Individual communications paths within a trunked system may be classified as centralized or decentralized in accordance with the requirements of § 90.187 . Dedicated Short-Range Communications Services (DSRCS). The use of radio techniques to transfer data over short distances between roadside and mobile units, between mobile units, and between portable and mobile units to perform operations related to the improvement of traffic flow, traffic safety, and other intelligent transportation service applications in a variety of environments. DSRCS systems may also transmit status and instructional messages related to the units involved. Dispatch point. Any place from which radio messages can be originated under the supervision of a control point. EA-based or EA license. A license authorizing the right to use a specified block of SMR or LMS spectrum within one of the 175 Economic Areas (EAs) as defined by the Department of Commerce Bureau of Economic Analysis. The EA Listings and the EA Map are available for public inspection through the Federal Communications Commission's Reference Information Center. Economic Areas (EAs). A total of 175 licensing regions based on the United States Department of Commerce Bureau of Economic Analysis Economic Areas defined as of February 1995, with the following exceptions: ( 1 ) Guam and Northern Mariana Islands are licensed as a single EA-like area (identified as EA 173 in the 220 MHz Service); ( 2 ) Puerto Rico and the U.S. Virgin Islands are licensed as a single EA-like area (identified as EA 174 in the 220 MHz Service); and ( 3 ) American Samoa is licensed as a single EA-like area (identified as EA 175 in the 220 MHz Service). Effective radiated power (ERP). The power supplied to an antenna multiplied by the relative gain of the antenna in a given direction. Emergency medical licensee. Persons or entities engaged in the provision of basic or advanced life support services on an ongoing basis that operate radio stations for transmission of communications essential for the delivery or rendition of emergency medical services for the provision of basic or advanced life support. Enhanced Specialized Mobile Radio System (ESMR). A specialized mobile radio (SMR) system operating in the 800 MHz band which employs an 800 MHz cellular system as defined in this section. Equivalent Isotropically Radiated Power (EIRP). The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna (absolute or isotropic gain). Film and video production licensee. Persons primarily engaged in or providing direct technical support to the production, videotaping, or filming of motion pictures or television programs, such as movies, programs, news programs, special events, educational programs, or training films, regardless of whether the productions are prepared primarily for final exhibition at theatrical outlets or on television or for distribution through other mass communications outlets. Fire licensee. Any territory, possession, state, city, county, town, or similar governmental entity, and persons or organizations charged with specific fire protection activities that operate radio stations for transmission of communications essential to official fire activities. First Responder Network Authority. An entity established by the Middle Class Tax Relief and Job Creation Act of 2012 as an independent authority within the National Telecommunications and Information Administration and designated by that statute to hold a nationwide license associated with the 758-769 MHz and 788-799 MHz bands for use in deploying a nationwide public safety broadband network. Fixed relay station. A station at a specified site used to communicate with another station at another specified site. Forest products licensee. Persons primarily engaged in tree logging, tree farming, or related woods operations, including related hauling activities, if the hauling activities are performed under contract to, and exclusively for, persons engaged in woods operations or engaged in manufacturing lumber, plywood, hardboard, or pulp and paper products from wood fiber. Forward links. Transmissions in the frequency bands specified in § 90.357(a) and used to control and interrogate the mobile units to be located by multilateration LMS systems. Frequency coordination. The process of obtaining the recommendation of a frequency coordinator for a frequency(ies) that will most effectively meet the applicant's needs while minimizing interference to licensees already operating within a given frequency band. Frequency coordinator. An entity or organization that has been certified by the Commission to recommend frequencies for use by licensees in the Private Land Mobile Radio Services. Geographic center. The geographic center of an urbanized area is defined by the coordinates given at table 1 of § 90.635 . Geophysical telemetry. Telemetry involving the simultaneous transmission of seismic data from numerous locations to a central receiver and digital recording unit. Harmful interference. For the purposes of resolving conflicts between stations operating under this part, any emission, radiation, or induction which specifically degrades, obstructs, or interrupts the service provided by such stations. Interconnection. Connection through automatic or manual means of private land mobile radio stations with the facilities of the public switched telephone network to permit the transmission of messages or signals between points in the wireline or radio network of a public telephone company and persons served by private land mobile radio stations. Wireline or radio circuits or links furnished by common carriers, which are used by licensees or other authorized persons for transmitter control (including dial-up transmitter control circuits) or as an integral part of an authorized, private, internal system of communication or as an integral part of dispatch point circuits in a private land mobile radio station are not considered to be interconnection for purposes of this rule part. Internal system. An internal system of communication is one in which all messages are transmitted between the fixed operating positions located on premises controlled by the licensee and the associated mobile stations or paging receivers of the licensee. (See subpart O). Interoperability. An essential communication link within public safety and public service wireless communications systems which permits units from two or more different entities to interact with one another and to exchange information according to a prescribed method in order to achieve predictable results. Itinerant operation. Operation of a radio station at unspecified locations for varying periods of time. Land mobile radio service. A mobile service between base stations and land mobile stations, or between land mobile stations. Land mobile radio system. A regularly interacting group of base, mobile and associated control and fixed relay stations intended to provide land mobile radio communications service over a single area of operation. Land station. A station in the mobile service not intended to be used while in motion. [As used in this part, the term may be used to describe a base, control, fixed, operational fixed or fixed relay station, or any such station authorized to operate in the “temporary” mode.] Line A. An imaginary line within the U.S., approximately paralleling the U.S.-Canadian border, north of which Commission coordination with the Canadian authorities in the assignment of frequencies is generally required. It begins at Aberdeen, Washington, running by great circle arc to the intersection of 48° N., 120° W., then along parallel 48° N., to the intersection of 95° W., thence by great circle arc through the southernmost point of Duluth, Minnesota, thence by great circle arc to 45° N., 85° W., thence southward along meridian 85° W. to its intersection with parallel 41° N., to its intersection with meridian 82° W., thence by great circle arc through the southernmost point of Bangor, Maine, thence by great circle arc through the southernmost of Searsport, Maine, at which point it terminates. Line C. An imaginary line in Alaska approximately paralleling the border with Canada, East of which Commission coordination with Canadian authorities in the assignment of frequencies is generally required. It begins at the intersection of 70° N., 144° W., thence by great circle arc to the intersection of 60° N., 143° W., thence by great circle arc so as to include all the Alaskan Panhandle. Location and Monitoring Service (LMS). The use of non-voice signaling methods to locate or monitor mobile radio units. LMS systems may transmit and receive voice and non-voice status and instructional information related to such units. Major trading areas. Service areas based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with the following exceptions and additions: ( a ) Alaska is separated from the Seattle MTA and is licensed separately. ( b ) Guam and the Northern Mariana Islands are licensed as a single MTA-like area. ( c ) Puerto Rico and the United States Virgin Islands are licensed as a single MTA-like area. ( d ) American Samoa is licensed as a single MTA-like area. Manufacturers licensee. Persons primarily engaged in any of the following manufacturing activities: ( 1 ) The mechanical or chemical transformation of substances into new products within such establishments as plants, factories, shipyards, or mills which employ, in that process, powerdriven machines and materials-handling equipment; ( 2 ) The assembly of components of manufactured products within such establishments as plants, factories, shipyards, or mills where the new product is neither a new structure nor other fixed improvement. Establishments primarily engaged in the wholesale or retail trade, or in service activities, even though they fabricate or assemble any or all the products or commodities handled, are not included in this category; or ( 3 ) The providing of supporting services or materials by a corporation to its parent corporation, to another subsidiary of its parent or to its own subsidiary, where such supporting services or materials are directly related to those regular activities of such parent or subsidiary which are eligible under paragraphs (1) or (2) of this definition. Meteor burst communications. Communications by the propagation of radio signals reflected off ionized meteor trails. Mobile relay station. A base station in the mobile service authorized to retransmit automatically on a mobile service frequency communications which originate on the transmitting frequency of the mobile station. Mobile repeater station. A mobile station authorized to retransmit automatically on a mobile service frequency, communications to or from hand-carried transmitters. Mobile service. A service of radiocommunication between mobile and base stations, or between mobile stations. Mobile station. A station in the mobile service intended to be used while in motion or during halts at unspecified points. This includes hand carried transmitters. Motor carrier licensee. Persons primarily engaged in providing a common or contract motor carrier transportation service in any of the following activities: Provided, however, that motor vehicles used as taxicabs, livery vehicles, or school buses, and motor vehicles used for sightseeing or special charter purposes, shall not be included within the meaning of this term. For purposes of this definition, an urban area is defined as being one or more contiguous, incorporated or unincorporated cities, boroughs, towns, or villages, having an aggregate population of 2,500 or more persons. ( 1 ) The transportation of passengers between urban areas; ( 2 ) The transportation of property between urban areas; ( 3 ) The transportation of passengers within a single urban area; or ( 4 ) The transportation, local distribution or collection of property within a single urban area. MTA-based license or MTA license. A license authorizing the right to use a specified block of SMR spectrum within one of the 51 Major Trading Areas (“MTAs”), as embodied in Rand McNally's Trading Area System MTA Diskette and geographically represented in the map contained in Rand McNally's Commercial Atlas & Marketing Guide (the “MTA Map”). The MTA Listings, the MTA Map and the Rand McNally/AMTA license agreement are available for public inspection through the Reference Information Center. Multilateration LMS system. A system that is designed to locate vehicles or other objects by measuring the difference of time of arrival, or difference in phase, of signals transmitted from a unit to a number of fixed points or from a number of fixed points to the unit to be located. Mutually exclusive application. Two or more pending applications are mutually exclusive if the grant of one application would effectively preclude the grant of one or more of the others under Commission rules governing the services involved. Non-multilateration LMS System. A system that employs any of a number of non-multilateration technologies to transmit information to and/or from vehicular units. On-Board unit (OBU). An On-Board Unit is a DSRCS transceiver that is normally mounted in or on a vehicle, or which in some instances may be a portable unit. An OBU can be operational while a vehicle or person is either mobile or stationary. The OBUs receive and contend for time to transmit on one or more radio frequency (RF) channels. Except where specifically excluded, OBU operation is permitted wherever vehicle operation or human passage is permitted. The OBUs mounted in vehicles are licensed by rule under part 95 of this chapter and communicate with Roadside Units (RSUs) and other OBUs. Portable OBUs are also licensed by rule under part 95 of this chapter . OBU operations in the Unlicensed National Information Infrastructure (UNII) Bands follow the rules in those bands. Operational fixed station. A fixed station, not open to public correspondence, operated by, and for the sole use of those agencies operating their own radiocommunication facilities in the Public Safety, Industrial, Land Transportation, Marine, or Aviation Radio Services. (This includes all stations in the fixed service under this part.) Output power. The radio frequency output power of a transmitter's final radio frequency stage as measured at the output terminal while connected to a load of the impedance recommended by the manufacturer. Paging. A one-way communications service from a base station to mobile or fixed receivers that provide signaling or information transfer by such means as tone, tone-voice, tactile, optical readout, etc. Person. An individual, partnership, association, joint stock company, trust or corporation. Petroleum licensee. Persons primarily engaged in prospecting for, producing, collecting, refining, or transporting by means of pipeline, petroleum or petroleum products (including natural gas). Police licensee. Any territory, possession, state, city, county, town, or similar governmental entity including a governmental institution authorized by law to provide its own police protection that operate radio stations for transmission of communications essential to official police activities. Power licensee. Persons primarily engaged in any of the following activities: ( 1 ) The generation, transmission, or distribution of electrical energy for use by the general public or by the members of a cooperative organization; ( 2 ) The distribution of manufactured or natural gas by means of pipe line, for use by the general public or by the members of a cooperative organization, or, in a combination of that activity with the production, transmission or storage of manufactured or natural gas preparatory to such distribution; ( 3 ) The distribution of steam by means of pipeline or, of water by means of pipeline, canal, or open ditch, for use by the general public or by the members of a cooperative organization, or in a combination of that activity with the collection, transmission, storage, or purification of water or the generation of steam preparatory to such distribution; or ( 4 ) The providing of a supporting service by a corporation directly related to activities of its parent corporation, of another subsidiary of the same parent, or of its own subsidiary, where the party served is regularly engaged in any of the activities set forth in this definition. Private carrier. An entity licensed in the private services and authorized to provide communications service to other private services on a commercial basis. Radio call box. A transmitter used by the public to request fire, police, medical, road service, or other emergency assistance. Radio teleprinting. Radio transmissions to a printing telegraphic instrument having a signal-actuated mechanism for automatically printing received messages. Radiodetermination. The determination of position, or the obtaining of information relating to position, by means of the propagation of radio waves. Radiofacsimile. A system of radiocommunication for the transmission of fixed images, with or without half-tones, with a view to their reproduction in a permanent form. Radiolocation. Radiodetermination used for purposes other than those of radionavigation. Radionavigation. Radiodetermination used for the purposes of navigation, including obstruction warning. Railroad licensee. Railroad common carriers which are regularly engaged in the transportation of passengers or property when such passengers or property are transported over all or part of their route by railroad. Regional Economic Area Groupings (REAGs). The six geographic areas for Regional licensing in the 220-222 MHz band, based on the United States Department of Commerce Bureau of Economic Analysis Economic Areas (see 60 FR 13114 (March 10, 1995)) defined as of February 1995, and specified as follows: REAG 1 (Northeast): REAG 1 consists of the following EAs: EA 001 (Bangor, ME) through EA 011 (Harrisburg-Lebanon-Carlisle, PA); and EA 054 (Erie, PA). REAG 2 (Mid-Atlantic): REAG 2 consists of the following EAs: EA 012 (Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD) through EA 026 (Charleston-North Charleston, SC); EA 041 (Greenville-Spartanburg-Anderson, SC-NC); EA 042 (Asheville, NC); EA 044 (Knoxville, TN) through EA 053 (Pittsburgh, PA-WV); and EA 070 (Louisville, KY-IN). REAG 3 (Southeast): REAG 3 consists of the following EAs: EA 027 (Augusta-Aiken, GA-SC) through EA 040 (Atlanta, GA-AL-NC); EA 043 (Chattanooga, TN-GA); EA 069 (Evansville-Henderson, IN-KY-IL); EA 071 (Nashville, TN-KY) through EA 086 (Lake Charles, LA); EA 088 (Shreveport-Bossier City, LA-AR) through EA 090 (Little Rock-North Little Rock, AR); EA 095 (Jonesboro, AR-MO); EA 096 (St. Louis, MO-IL); and EA 174 (Puerto Rico and the U.S. Virgin Islands). REAG 4 (Great Lakes): REAG 4 consists of the following EAs: EA 055 Cleveland-Akron, OH-PA) through EA 068 (Champaign-Urbana, IL); EA 097 (Springfield, IL-MO); and EA 100 (Des Moines, IA-IL-MO) through EA 109 (Duluth-Superior, MN-WI). REAG 5 (Central/Mountain): REAG 5 consists of the following EAs: EA 087 (Beaumont-Port Arthur, TX); EA 091 (Forth Smith, AR-OK) through EA 094 (Springfield, MO); EA 098 (Columbia, MO); EA 099 (Kansas City, MO-KS); EA 110 (Grand Forks, ND-MN) through EA 146 (Missoula, MT); EA 148 (Idaho Falls, ID-WY); EA 149 (Twin Falls, ID); EA 152 (Salt Lake City-Ogden, UT-ID); and EA 154 (Flagstaff, AZ-UT) through EA 159 (Tucson, AZ). REAG 6 (Pacific): REAG 6 consists of the following EAs: EA 147 (Spokane, WA-ID); EA 150 (Boise City, ID-OR); EA 151 (Reno, NV-CA); EA 153 (Las Vegas, NV-AZ-UT); EA 160 (Los Angeles-Riverside-Orange County, CA-AZ) through EA 173 (Guam and the Northern Mariana Islands); and EA 175 (American Samoa). Regional license. A license authorizing the right to use a specified block of 220-222 MHz spectrum within one of six Regional Economic Area Groupings (REAGs). Relay press licensee. Persons primarily engaged in the publication of a newspaper or in the operation of an established press association. Roadside unit (RSU). A Roadside Unit is a DSRC transceiver that is mounted along a road or pedestrian passageway. An RSU may also be mounted on a vehicle or is hand carried, but it may only operate when the vehicle or hand-carried unit is stationary. Furthermore, an RSU operating under this part is restricted to the location where it is licensed to operate. However, portable or hand-held RSUs are permitted to operate where they do not interfere with a site-licensed operation. A RSU broadcasts data to OBUs or exchanges data with OBUs in its communications zone. An RSU also provides channel assignments and operating instructions to OBUs in its communications zone, when required. Roadway bed surface. For DSRCS, the road surface at ground level. Secondary operation. Radio communications which may not cause interference to operations authorized on a primary basis and which are not protected from interference from those primary operations. Service availability. The use of a public safety broadband network on a day-to-day basis for operational purposes by at least fifty users. Signal amplifier. A device that amplifies radio frequency signals and is connected to a mobile radio transceiver, portable or handset, typically to the antenna connector. Note that a signal amplifier is not the same thing as a signal booster. Signal booster. A device at a fixed location which automatically receives, amplifies, and retransmits on a one-way or two-way basis, the signals received from base, fixed, mobile, and portable stations, with no change in frequency or authorized bandwidth. A signal booster may be either narrowband (Class A), in which case the booster amplifies only those discrete frequencies intended to be retransmitted, or broadband (Class B), in which case all signals within the passband of the signal booster filter are amplified. SMSA (Standard Metropolitan Statistical Area). A city of 50,000 or more population and the surrounding counties. Special industrial licensee. Persons regularly engaged in any of the following activities: ( 1 ) The operation of farms, ranches, or similar land areas, for the quantity production of crops or plants; vines or trees (excluding forestry operations); or for the keeping, grazing or feeding of livestock for animal products, animal increase, or value enhancement; ( 2 ) Plowing, soil conditioning, seeding, fertilizing, or harvesting for agricultural activities; ( 3 ) Spraying or dusting of insecticides, herbicides, or fungicides, in areas other than enclosed structures; ( 4 ) Livestock breeding service; ( 5 ) The operation of a commercial business regularly engaged in the construction of roads, bridges, sewer systems, pipelines, airfields, or water, oil, gas, or power production, collection, or distribution systems. The construction of buildings is not included in this category; ( 6 ) The operation of mines for the recovery of solid fuels, minerals, metal, rock, sand and gravel from the earth or the sea, including the exploration for and development of mining properties; ( 7 ) Maintaining, patrolling or repairing gas or liquid transmission pipelines, tank cars, water or waste disposal wells, industrial storage tanks, or distribution systems of public utilities; ( 8 ) Acidizing, cementing, logging, perforating, or shooting activities, and services of a similar nature incident to the drilling of new oil or gas wells, or the maintenance of production from established wells; ( 9 ) Supplying chemicals, mud, tools, pipe, and other materials or equipment unique to the petroleum and gas production industry, as the primary activity of the applicant if delivery, installation or application of these materials requires the use of specifically fitted conveyances; ( 10 ) The delivery of ice or fuel to the consumer for heating, lighting, refrigeration or power generation purposes, by means other than pipelines or railroads when such products are not to be resold following their delivery; or ( 11 ) The delivery and pouring of ready mixed concrete or hot asphalt mix. Specialized Mobile Radio system. A radio system in which licensees provide land mobile communications services (other than radiolocation services) in the 800 MHz and 900 MHz bands on a commercial basis to entities eligible to be licensed under this part, Federal Government entities, and individuals. State. Any of the 50 United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, American Samoa, and Guam. Station authorization. A license issued by the Commission for the operation of a radio station. Taxicab licensee. Persons regularly engaged in furnishing to the public for hire a nonscheduled passenger land transportation service (which may also include the occasional transport of small items of property) not operated over a regular route or between established terminals. Telecommand. The transmission of non-voice signals for the purpose of remotely controlling a device. Telemetering (also telemetry). The transmission of non-voice signals for the purpose of automatically indicating or recording measurements at a distance from the measuring instrument. Telephone maintenance licensee. Communications common carriers engaged in the provision of landline local exchange telephone service, or inter-exchange communications service, and radio communications common carriers authorized under part 21 of this chapter . Resellers that do not own or control transmission facilities are not included in this category. Transitioned market. A geographic area in which the 900 MHz band has been reconfigured to consist of a 900 MHz broadband license in the 900 MHz broadband segment and two 900 MHz narrowband segments pursuant to part 27 of this chapter . Travelers' information station. A base station in the Public Safety Pool used to transmit non-commercial, voice information pertaining to traffic and road conditions, traffic hazard and traveler advisories, directions, availability of lodging, rest stops, and service stations, and descriptions of local points of interest. Trunk group. All of the trunks of a given type of characteristic that extend between two switching points. Trunk (telephony). A one or two-way channel provided as a common traffic artery between switching equipment. Trunked radio system. A radio system employing technology that provides the ability to search two or more available communications paths and automatically assigns an open communications path to a user. Universal Licensing System (ULS). The consolidated database, application filing system and processing system for all Wireless Telecommunications Services. The ULS offers Wireless Telecommunications Bureau (WTB) applicants and the general public electronic filing of all applications requests, and full public access to all WTB licensing data. Urbanized area. A city and the surrounding closely settled territories. [ 43 FR 54791 , Nov. 22, 1978] Editorial Note Editorial Note: For Federal Register citations affecting § 90.7 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . Subpart B—Public Safety Radio Pool Source: 62 FR 18845 , Apr. 17, 1997, unless otherwise noted. § 90.15 Scope. The Public Safety Radio Pool covers the licensing of the radio communications of governmental entities and the following category of activities: Medical services, rescue organizations, veterinarians, persons with disabilities, disaster relief organizations, school buses, beach patrols, establishments in isolated places, communications standby facilities, and emergency repair of public communications facilities. Entities not meeting these eligibility criteria may also be licensed in the Public Safety Radio Pool solely to provide service to eligibles on one-way paging-only frequencies below 800 MHz, i.e., those frequencies with the assignment limitations appearing at § 90.20(d)(13) or (d)(60) . Private carrier systems licensed on other channels prior to June 1, 1990, may continue to provide radio communications service to eligibles. Rules as to eligibility for licensing, frequencies available, permissible communications and classes and number of stations, and any special requirements are set forth in the following sections. § 90.16 Public Safety National Plan. The Commission has established a National Plan which specifies special policies and procedures governing the Public Safety Pool (formally Public Safety Radio Services and the Special Emergency Radio Service). The National Plan is contained in the Report and Order in General Docket No. 87-112. The principal spectrum resource for the National Plan is the 806-809 MHz and the 851-854 MHz bands at locations farther then 110 km (68.4 miles) from the U.S./Mexico border and 140 km (87 miles) from the U.S./Canadian border (“border regions”). In the border regions, the principal spectrum for the National Plan may be different. The National plan establishes planning regions covering all parts of the United States, Puerto Rico, and the U.S. Virgin Islands. No assignments will be made in the spectrum designated for the National Plan until a regional plan for the area has been accepted by the Commission. [ 69 FR 67837 , Nov. 22, 2004] § 90.19 Nationwide Public Safety Broadband Network. Pursuant to the Middle Class Tax Relief and Job Creation Act of 2012, Public Law 112-96 , 126 Stat. 156 (2012), the 758-769 MHz and 788-799 MHz bands are allocated for use by the First Responder Network Authority to deploy a nationwide public safety broadband network as prescribed by statute. [ 77 FR 62462 , Oct. 15, 2012] § 90.20 Public Safety Pool. ( a ) Eligibility. The following are eligible to hold authorizations in the Public Safety Pool. ( 1 ) Any territory, possession, state, city, county, town or similar governmental entity is eligible to hold authorizations in the Public Safety Pool to operate radio stations for transmission of communications essential to official activities of the licensee, including: ( i ) A district and an authority; ( ii ) A governmental institution authorized by law to provide its own police protection; ( iii ) Persons or entities engaged in the provision of basic or advanced life support services on an ongoing basis are eligible to hold authorization to operate stations for transmission of communications essential for the delivery or rendition of emergency medical services for the provision of basic or advanced life support. Applications submitted by persons or organizations (governmental or otherwise) other than the governmental body having jurisdiction over the state's emergency medical service plans must be accompanied by a statement prepared by the governmental body having jurisdiction over the state's emergency medical services plan indicating that the applicant is included in the state's emergency plan or otherwise supporting the application; ( iv ) Governmental entities and governmental agencies for their own medical activities; and ( v ) Governmental entities and governmental agencies for providing medical services communications to other eligible persons through direct participation in and direct operational control of the system, such as through central dispatch service. ( 2 ) Persons or organizations other than governmental entities are eligible to hold authorizations in the Public Safety Pool to operate radio stations for transmission of communications, as listed below. When requesting frequencies not designated by a “PS” in the coordinator column of the frequency table in paragraph (c)(3) of this section, applications must be accompanied by a statement from the governmental entity having legal jurisdiction over the area to be served, supporting the request: ( i ) Persons or organizations charged with specific fire protection activities; ( ii ) Persons or organizations charged with specific forestry-conservation activities; ( iii ) Persons or organizations, listed below, engaged in the delivery or rendition of medical services to the public and on a secondary basis, for transmission of messages related to the efficient administration of organizations and facilities engaged in medical services operations: ( A ) Hospital establishments that offer services, facilities, and beds for use beyond 24 hours in rendering medical treatment; ( B ) Institutions and organizations regularly engaged in providing medical services through clinics, public health facilities, and similar establishments; ( C ) Ambulance companies regularly engaged in providing medical ambulance services; ( D ) Rescue organizations for the limited purpose of participation in providing medical services; ( E ) Associations comprised of two or more of the organizations eligible under paragraph (a)(2)(iii) (A) , (B) , (C) , and (D) of this section, for the purpose of active participation in and direct operational control of the medical services communication activities of such organizations; or ( F ) Physicians, schools of medicine, oral surgeons, and associations of physicians or oral surgeons; ( iv ) Persons or organizations operating a rescue squad for transmission of messages pertaining to the safety of life or property and urgent messages necessary for the rendition of an efficient emergency rescue service. ( A ) Each rescue squad will normally be authorized to operate one base station, and a number of mobile units (excluding hand carried mobile units) not exceeding the number of vehicles actually used in emergency rescue operations. ( B ) In addition, each rescue squad will be authorized to operate a number of hand carried mobile units not exceeding two such units for each radio equipped vehicle actually used in emergency rescue operations. ( v ) Persons with disabilities. The initial application from a person claiming eligibility under this paragraph shall be accompanied by a statement from a physician attesting to the condition of the applicant or the applicant's child (or ward in case of guardianship). ( A ) Any person having a hearing deficiency such that average hearing threshold levels are 90 dB above ANSI (American National Standards Institute) 1969 or ISO (International Standards Organization) 1964 levels and such other persons who submit medical certification of similar hearing deficiency. ( B ) Any person having visual acuity corrected to no better than 20/200 in the better eye or having a field of vision of less than 20 degrees. ( C ) Any person, who, through loss of limbs or motor function, is confined to a wheelchair, or is non-ambulatory. ( D ) Any person actively awaiting an organ transplant. ( E ) Parents or guardians of persons under 18 years eligible under paragraphs (a)(2)(v)(A) , (a)(2)(v)(B) , (a)(2)(v)(C) of this section, or institutions devoted to the care or training of those persons. ( vi ) A veterinarian, veterinary clinic, or a school of veterinary medicine for the transmission of messages pertaining to the care and treatment of animals. Each licensee may be authorized to operate one base station and two mobile units. Additional base stations or mobile units will be authorized only on a showing of need. ( vii ) Organizations established for disaster relief purposes having an emergency radio communications plan for the transmission of communications relating to the safety of life or property, the establishment and maintenance of temporary relief facilities, and the alleviation of the emergency situation during periods of actual or impending emergency, or disaster, and until substantially normal conditions are restored. In addition, the stations may be used for training exercises, incidental to the emergency communications plan, and for operational communications of the disaster relief organization or its chapter affiliates. The initial application from a disaster relief organization shall be accompanied by a copy of the charter or other authority under which the organization was established and a copy of its communications plan. The plan shall fully describe the operation of the radio facilities and describe the method of integration into other communications facilities which normally would be available to assist in the alleviation of the emergency condition. ( viii ) Persons or organizations operating school buses on a regular basis over regular routes for the transmission of messages pertaining to either the efficient operation of the school bus service or the safety or general welfare of the students they are engaged in transporting. Each school bus operator may be authorized to operate one base station and a number of mobile units not in excess of the total of the number of buses and maintenance vehicles regularly engaged in the school bus operation. Additional base stations or mobile units will be authorized only in exceptional circumstances when the applicant can show a specific need. ( ix ) Persons or organizations operating beach patrols having responsibility for life-saving activities for the transmission of messages required for the safety of life or property. ( x ) Persons or organizations maintaining establishment in isolated areas where public communications facilities are not available and where the use of radio is the only feasible means of establishing communication with a center of population, or other point from which emergency assistance might be obtained if needed, for the transmission of messages only during an actual or impending emergency endangering life, health or property for the transmission of essential communications arising from the emergency. The transmission of routine or non-emergency communications is strictly prohibited. ( A ) Special eligibility showing. The initial application requesting a station authorization for an establishment in an isolated area shall be accompanied by a statement describing the status of public communication facilities in the area of the applicant's establishment; the results of any attempts the applicant may have made to obtain public communication service, and; in the event radio communications service is to be furnished under paragraph (a)(2)(x)(C)( 2 ) of this section, a copy of the agreement involved must be submitted. ( B ) Class and number of stations available. Persons or organizations in this category may be authorized to operate not more than one fixed station at any isolated establishment and not more than one fixed station in a center of population. ( C ) Communication service rendered and received. ( 1 ) The licensee of a station at any establishment in an isolated area shall make the communication facilities of such station available at no charge to any person desiring the transmission of any communication permitted by paragraph (a) of this section. ( 2 ) For the purpose of providing the communications link desired the licensee of a station at an establishment in an isolated area either may be the licensee of a similar station at another location or may obtain communication service under a mutual agreement from the licensee of any station in the Public Safety Pool or any other station which is authorized to communicate with the fixed station. ( xi ) A communications common carrier operating communications circuits that normally carry essential communication of such a nature that their disruption would endanger life or public property is eligible to hold authorizations for standby radio facilities for the transmission of messages only during periods when the normal circuits are inoperative due to circumstances beyond the control of the user. During such periods the radio facilities may be used to transmit any communication which would be carried by the regular circuit. Initial applications for authorization to operate a standby radio facility must include a statement describing radio communication facilities desired, the proposed method of operation, a description of the messages normally being carried, and an explanation of how their disruption will endanger life or public property. ( xii ) Communications common carriers for radio facilities to be used in effecting expeditious repairs to interruption of public communications facilities where such interruptions have resulted in disabling intercity circuits or service to a multiplicity of subscribers in a general area. Stations authorized under this section may be used only when no other means of communication is readily available, for the transmission of messages relating to the safety of life and property and messages which are necessary for the efficient restoration of the public communication facilities which have been disrupted. ( xiii ) Persons or entities engaged in the provision of basic or advanced life support services on an ongoing basis are eligible to hold authorization to operate stations for transmission of communications essential for the delivery or rendition of emergency medical services for the provision of basic or advanced life support. Applications submitted by persons or organizations (governmental or otherwise) other than the governmental body having jurisdiction over the state's emergency medical service plans must be accompanied by a statement prepared by the governmental body having jurisdiction over the state's emergency medical services plan indicating that the applicant is included in the state's emergency plan or otherwise supporting the application. ( xiv ) ( A ) Railroad police officers are a class of users eligible to operate on the nationwide interoperability and mutual aid channels listed in 90.20(i) provided their employer holds a Private Land Mobile Radio (PLMR) license of any radio category, including Industrial/Business (I/B). Eligible users include full and part time railroad police officers, Amtrak employees who qualify as railroad police officers under this subsection, Alaska Railroad employees who qualify as railroad police officers under this subsection, freight railroad employees who qualify as railroad police officers under this subsection, and passenger transit lines police officers who qualify as railroad police officers under this subsection. Railroads and railroad police departments may obtain licenses for the nationwide interoperability and mutual aid channels on behalf of railroad police officers in their employ. Employers of railroad police officers must obtain concurrence from the relevant state interoperability coordinator or regional planning committee before applying for a license to the Federal Communications Commission or operating on the interoperability and mutual aid channels. ( 1 ) Railroad police officer means a peace officer who is commissioned in his or her state of legal residence or state of primary employment and employed, full or part time, by a railroad to enforce state laws for the protection of railroad property, personnel, passengers, and/or cargo. ( 2 ) Commissioned means that a state official has certified or otherwise designated a railroad employee as qualified under the licensing requirements of that state to act as a railroad police officer in that state. ( 3 ) Property means rights-of-way, easements, appurtenant property, equipment, cargo, facilities, and buildings and other structures owned, leased, operated, maintained, or transported by a railroad. ( 4 ) Railroad means each class of freight railroad ( i.e. Class I, II, III); Amtrak, Alaska Railroad, commuter railroads and passenger transit lines. ( 5 ) The word state, as used herein, encompasses states, territories and the District of Columbia. ( B ) Eligibility for licensing on the 700 MHz narrowband interoperability channels is restricted to entities that have as their sole or principal purpose the provision of public safety services. ( b ) International police radiocommunication. Police licensees which are located in close proximity to the borders of the United States may be authorized to communicate internationally. Request for such authority shall be written and signed and submitted in duplicate. The request shall include information as to the station with which communication will be conducted, and the frequency, power, emission, etc., that will be used. If authorized, such international communication must be conducted in accordance with Article 5 of the Inter-American Radio Agreement, Washington, DC, 1949, which reads as follows: Article 5. Police radio stations. When the American countries authorize their police radio stations to exchange emergency information by radio with similar stations of another country, the following rules shall be applied. (a) Only police radio stations located close to the boundaries of contiguous countries shall be allowed to exchange this information. (b) In general, only important police messages shall be handled, such as those which would lose their value, because of slowness and time limitations if sent on other communication systems. (c) Frequencies used for radiotelephone communications with mobile police units shall not be used for radiotelegraph communications. (d) Radiotelephone communications shall be conducted only on frequencies assigned for radiotelephony. (e) Radiotelegraph communications shall be conducted on the following frequencies: 2804 kHz calling, 2808 kHz working, 2812 kHz working, 5195 kHz day calling, 5185 kHz day working, 5140 kHz day working. (f) The characteristics of police radio stations authorized to exchange information shall be notified to the International Telecommunication Union, Geneva, Switzerland. (g) The abbreviations contained in Appendix 9 of the Atlantic City Radio Regulations shall be used to the greatest possible extent. Service indications are as follows: “P”, priority, for messages that are to be sent immediately, regardless of the number of other messages on file. If no service indication is given, the messages are to be transmitted in the order of receipt. (h) The message shall contain the preamble, address, text and signature, as follows: Preamble. The preamble of the message shall consist of the following: The serial number preceded by the letters “NR”, service indications, as appropriate; the group count according to standard cable count system; the letters “CK”, followed by numerals indicating the number of words contained in the text of the message: Office and country of origin (not abbreviations): Day, month, and hour of filing; Address. The address must be as complete as possible and shall include the name of the addressee with any supplementary particulars necessary for immediate delivery of the message; Text. The text may be either in plain language or code; Signature. The signature shall include the name and title of the person originating the message. ( c ) Public Safety frequencies. ( 1 ) The following table indicates frequencies available for assignment to Public Safety stations, together with the class of station(s) to which they are normally assigned, the specific assignment limitations which are explained in paragraph (d) of this section, and the certified frequency coordinator for each frequency: ( 2 ) ( i ) The letter symbol(s) listed in the Coordinator column of the frequency table in paragraph (c)(3) of this section specifies the frequency coordinator(s) for each frequency as follows: PF—Fire Coordinator PH—Highway Maintenance Coordinator PM—Emergency Medical Coordinator PO—Forestry-Conservation Coordinator PP—Police Coordinator PS—Special Emergency Coordinator PX—Any Public Safety Coordinator, except the Special Emergency Coordinator ( ii ) Frequencies without any coordinator specified may be coordinated by any coordinator certified in the Public Safety Pool. ( 3 ) Frequencies. Public Safety Pool Frequency Table Frequency or band Class of station(s) Limitations Coordinator Kilohertz 530 to 1700 Base (T.I.S.) 1 PX 1610 Base (T.I.S.) 1 PX 1722 ......do 2, 3 PP 1730 ......do 2, 3 PP 2212 ......do 4 PO 2226 ......do 4 PO 2236 ......do 4 PO 2244 ......do 4 PO 2366 ......do 2, 4 PP 2382 ......do 2 PP 2390 ......do 2, 4 PP 2406 ......do 2 PP 2430 ......do 2 PP 2442 ......do 2 PP 2450 ......do 2 PP 2458 ......do 2 PP 2482 ......do 2 PP 2490 ......do 2, 3 PP 2726 ......do 5 PX, PS 3201 ......do PS 2000 to 3000 Fixed 75 PS 2000 to 10,000 Fixed, base, or mobile 6, 89 PX. Megahertz 30.86 Base or mobile 7 PO 30.90 ......do 7 PO 30.94 ......do 7 PO 30.98 ......do 7 PO 31.02 ......do 7 PO 31.06 ......do 7, 8, 9 PO 31.10 ......do 7, 8, 9 PO 31.14 ......do 7, 8, 9 PO 31.18 ......do 8, 9 PO 31.22 ......do 8, 9 PO 31.26 ......do 8, 9 PO 31.30 ......do 8, 9 PO 31.34 ......do 8, 9 PO 31.38 ......do 8, 9 PO 31.42 ......do 8, 9 PO 31.46 ......do 8, 9 PO 31.50 ......do 8, 9 PO 31.54 ......do 8, 9 PO 31.58 ......do 8, 9 PO 31.62 ......do 8, 9 PO 31.66 ......do 8, 9 PO 31.70 ......do 8, 9 PO 31.74 ......do 8, 9 PO 31.78 ......do 8, 9 PO 31.82 ......do 8, 9 PO 31.86 ......do 8, 9 PO 31.90 ......do 8, 9 PO 31.94 ......do 8, 9 PO 31.98 ......do 8, 9 PO 33.02 ......do 10 PH, PS 33.04 ......do PS 33.06 ......do 10 PH, PS 33.08 ......do PS 33.10 ......do 10 PH, PS 33.42 Mobile or fixed 11 PF 33.44 Base or mobile PF 33.46 Mobile PF 33.48 Base or mobile PF 33.50 Mobile PF 33.52 Base or mobile PF 33.54 Mobile PF 33.56 Base or mobile PF 33.58 Mobile PF 33.60 Base or mobile PF 33.62 Mobile PF 33.64 Base or mobile PF 33.66 Mobile PF 33.68 Base or mobile PF 33.70 ......do PF 33.72 ......do PF 33.74 ......do PF 33.76 ......do PF 33.78 ......do PF 33.80 ......do PF 33.82 ......do PF 33.84 ......do PF 33.86 ......do PF 33.88 ......do PF 33.90 ......do PF 33.92 ......do PF 33.94 ......do PF 33.96 ......do PF 33.98 ......do PF 35.02 Mobile 12, 78 PS 35.64 Base 13 PS 35.68 ......do 13 PS 37.02 Mobile PP 37.04 Base or mobile PP 37.06 ......do PP 37.08 ......do PP 37.10 ......do PX 37.12 ......do PP 37.14 ......do PP 37.16 ......do PP 37.18 ......do PX 37.20 ......do PP 37.22 ......do PP 37.24 ......do PP 37.26 ......do PX 37.28 ......do PP 37.30 ......do PP 37.32 ......do PP 37.34 Mobile PP 37.36 Base or mobile PP 37.38 Mobile PP 37.40 Base or mobile PP 37.42 Mobile PP 37.90 Base or mobile 10 PH, PS 37.92 ......do PH 37.94 ......do 10 PH, PS 37.96 ......do PH 37.98 ......do 10 PH, PS 39.02 ......do PP 39.04 ......do PP 39.06 ......do 14 PX 39.08 ......do PP 39.10 ......do PX 39.12 ......do PP 39.14 ......do PP 39.16 ......do PP 39.18 ......do PX 39.20 ......do PP 39.22 ......do PP 39.24 ......do PP 39.26 Mobile PP 39.28 Base or mobile PP 39.30 Mobile PP 39.32 Base or mobile PP 39.34 Mobile PP 39.36 Base or mobile PP 39.38 Mobile PP 39.40 Base or mobile PP 39.42 ......do PP 39.44 ......do PP 39.46 ......do 15 PP 39.48 ......do PP 39.50 ......do PX 39.52 ......do PP 39.54 ......do PP 39.56 ......do PP 39.58 ......do PX 39.60 ......do PP 39.62 ......do PP 39.64 ......do PP 39.66 Mobile PP 39.68 Base or mobile PP 39.70 Mobile PP 39.72 Base or mobile PP 39.74 Mobile PP 39.76 Base or mobile PP 39.78 Mobile PP 39.80 Base or mobile PP 39.82 ......do PX 39.84 ......do PP 39.86 ......do PP 39.88 ......do PP 39.90 ......do PX 39.92 ......do PP 39.94 ......do PP 39.96 ......do PP 39.98 ......do PX 42.02 ......do 2, 3, 16 PP 42.04 ......do 2, 3, 16 PP 42.06 ......do 2, 3, 16 PP 42.08 ......do 2, 3, 16 PP 42.10 ......do 2, 3, 16 PP 42.12 ......do 2, 3, 16 PP 42.14 ......do 2, 3, 16 PP 42.16 ......do 2, 3, 16 PP 42.18 Mobile 2, 16 PP 42.20 ......do 2, 16 PP 42.22 ......do 2, 16 PP 42.24 ......do 2, 16 PP 42.26 ......do 2, 16 PP 42.28 ......do 2, 16 PP 42.30 ......do 2, 16 PP 42.32 Base or mobile 2, 3, 16 PP 42.34 ......do 2, 3, 16 PP 42.36 ......do 2, 3, 16 PP 42.38 ......do 2, 3, 16 PP 42.40 ......do 2, 3, 16, 17 PP 42.42 ......do 2, 3, 16 PP 42.44 ......do 2, 3, 16 PP 42.46 ......do 2, 3, 16 PP 42.48 ......do 2, 3, 16 PP 42.50 ......do 2, 3, 16 PP 42.52 ......do 2, 3, 16 PP 42.54 ......do 2, 3, 16 PP 42.56 ......do 2, 3, 16 PP 42.58 ......do 2, 3, 16 PP 42.60 ......do 2, 3, 16 PP 42.62 ......do 2, 3, 16 PP 42.64 ......do 2, 3, 16 PP 42.66 Mobile 2, 16 PP 42.68 ......do 2, 16 PP 42.70 ......do 2, 16 PP 42.72 ......do 2, 16 PP 42.74 ......do 2, 16 PP 42.76 ......do 2, 16 PP 42.78 ......do 2, 16 PP 42.80 Base or mobile 13 PP 42.82 ......do 2, 3, 16 PP 42.84 ......do 2, 3, 16 PP 42.86 ......do 2, 3, 16 PP 42.88 ......do 2, 3, 16 PP 42.90 ......do 2, 3, 16 PP 42.92 ......do 2, 3, 16 PP 42.94 ......do 2, 3, 16 PP 43.64 Base 13, 18 PS 43.68 ......do 13 PS 44.62 Base or mobile 2, 3, 16 PP 44.64 ......do PO 44.66 ......do 2, 3, 16 PP 44.68 ......do PO 44.70 ......do 2, 3, 16 PP 44.72 ......do PO 44.74 ......do 2, 3, 16 PP 44.76 ......do PO 44.78 Mobile 2, 16 PP 44.80 Base or mobile PO 44.82 Mobile 2, 16 PP 44.84 Base or mobile PO 44.86 Mobile 2, 16 PP 44.88 Base or mobile PO 44.90 Mobile 2, 16 PP 44.92 Base or mobile PO 44.94 ......do 2, 3, 16 PP 44.96 ......do PO 44.98 ......do 2, 3, 16 PP 45.00 ......do PO 45.02 ......do 2, 3, 16 PP 45.04 ......do PO 45.06 ......do 2, 3, 16 PP 45.08 ......do PX 45.10 ......do PP 45.12 ......do PX 45.14 ......do PP 45.16 ......do PX 45.18 ......do PP 45.20 ......do PX 45.22 ......do PP 45.24 ......do PX 45.26 Mobile PP 45.28 Base or mobile PX 45.30 Mobile PP 45.32 Base or mobile PX 45.34 Mobile PP 45.36 Base or mobile PX 45.38 Mobile PP 45.40 Base or mobile PX 45.42 ......do PP 45.44 ......do PX 45.46 ......do PP 45.48 ......do PX 45.50 ......do PP 45.52 ......do PX 45.54 ......do PP 45.56 ......do PX 45.58 ......do PP 45.60 ......do PX 45.62 ......do PP 45.64 ......do PX 45.66 ......do PP 45.68 ......do PH 45.70 ......do PP 45.72 ......do PH 45.74 Mobile PP 45.76 Base or mobile PH 45.78 Mobile PP 45.80 Base or mobile PH 45.82 Mobile PP 45.84 Base or mobile PH 45.86 ......do 15 PP 45.88 ......do 19 PF 45.90 ......do 20 PP 45.92 ......do 10 PS 45.94 ......do PP 45.96 ......do 10 PS 45.98 ......do PP 46.00 ......do 10 PS 46.02 ......do PP 46.04 ......do 10 PS 46.06 ......do PF 46.08 ......do PF 46.10 ......do PF 46.12 ......do PF 46.14 ......do PF 46.16 ......do PF 46.18 ......do PF 46.20 ......do PF 46.22 Mobile PF 46.24 ......do PF 46.26 ......do PF 46.28 ......do PF 46.30 Mobile or fixed 11 PF 46.32 Mobile PF 46.34 ......do PF 46.36 Base or mobile PF 46.38 ......do PF 46.40 ......do PF 46.42 ......do PF 46.44 ......do PF 46.46 ......do PF 46.48 ......do PF 46.50 ......do PF 46.52 ......do PX 46.54 ......do PX 46.56 ......do PX 46.58 ......do PX 47.02 ......do 21, 22 PH 47.04 ......do 21, 22 PH 47.06 ......do 21, 22 PH 47.08 ......do 21, 22 PH 47.10 ......do 21, 22 PH 47.12 ......do 21, 22 PH 47.14 ......do 21, 22 PH 47.16 ......do 21, 22 PH 47.18 ......do 21, 22 PH 47.20 ......do 21, 22 PH 47.22 ......do 21, 22 PH 47.24 ......do 21, 22 PH 47.26 ......do 21, 22 PH 47.28 ......do 21, 22 PH 47.30 ......do 21, 22 PH 47.32 ......do 21, 22 PH 47.34 ......do 21, 22 PH 47.36 ......do 21, 22 PH 47.38 ......do 21, 22 PH 47.40 ......do 21, 22 PH 47.42 ......do 10, 23 PS 47.46 ......do 10 PS 47.50 ......do 10 PS 47.54 ......do 10 PS 47.58 ......do 10 PS 47.62 ......do 10 PS 47.66 ......do 10 PS 72.00 to 76.00 Operational fixed 24 72.44 Mobile 25 PF 72.48 ......do 25 PF 72.52 ......do 25 PF 72.56 ......do 25 PF 72.6 ......do 25 PF 75.44 ......do 25 PF 75.48 ......do 25 PF 75.52 ......do 25 PF 75.56 ......do 25 PF 75.6 ......do 25 PF 150 to 170 Base or mobile 26 150.775 Mobile 87 PM. 150.7825 ......do 88 PM 150.790 ....do 87 PM. 150.7975 ....do 88 PM. 150.805 ......do PM 150.995 Base or mobile 28 PH 151.0025 ......do 27, 28 PH 151.010 ......do 28 PH 151.0175 ......do 28 PH 151.025 ......do 28 PH 151.0325 ......do 27, 28 PH 151.040 ......do 28 PH 151.0475 ......do 27, 28 PH 151.055 ......do 28 PH 151.0625 ......do 27, 28 PH 151.070 ......do 28 PH 151.0775 ......do 27, 28 PH 151.085 ......do 28 PH 151.0925 ......do 27, 28 PH 151.100 ......do 28 PH 151.1075 ......do 27, 28 PH 151.115 ......do 28 PH 151.1225 ......do 27, 28 PH 151.130 ......do 28, 81 PH 151.1375 ......do 27, 28, 80 PH 151.145 ......do 28, 81 PO 151.1525 ......do 27, 28 PO 151.160 ......do 28 PO 151.1675 ......do 27, 28 PO 151.175 ......do 28 PO 151.1825 ......do 27, 28 PO 151.190 ......do 28 PO 151.1975 ......do 27, 28 PO 151.205 ......do 28 PO 151.2125 ......do 27, 28 PO 151.220 ......do 28 PO 151.2275 ......do 27, 28 PO 151.235 ......do 28 PO 151.2425 ......do 27, 28 PO 151.250 ......do 28 PO 151.2575 ......do 27, 28 PO 151.265 ......do 28 PO 151.2725 ......do 27, 28 PO 151.280 ......do 28 PO 151.2875 ......do 27, 28 PO 151.295 ......do 28 PO 151.3025 ......do 27, 28 PO 151.310 ......do 28 PO 151.3175 ......do 27, 28 PO 151.325 ......do 28 PO 151.3325 ......do 27, 28 PO 151.340 ......do 28 PO 151.3475 ......do 27, 28 PO 151.355 ......do 28 PO 151.3625 ......do 27, 28 PO 151.370 ......do 28 PO 151.3775 ......do 2728 PO 151.385 ......do 28 PO 151.3925 ......do 27, 28 PO 151.400 ......do 28 PO 151.4075 ......do 27, 28 PO 151.415 ......do 28 PO 151.4225 ......do 27, 28 PO 151.430 ......do 28 PO 151.4375 ......do 27, 28 PO 151.445 ......do 28 PO 151.4525 ......do 27, 28 PO 151.460 ......do 28 PO 151.4675 ......do 27, 28 PO 151.475 ......do 28 PO 151.4825 ......do 27, 28 PO 151.490 ......do 7, 28 PO 151.4975 ......do 7, 27, 28 PO 152.0075 Base 13, 29, 30 PS 153.740 Mobile PX 153.7475 ......do 27 PX 153.755 ......do PX 153.7625 ......do 27 PX 153.770 ......do PF 153.7775 ......do 27 PF 153.785 ......do PX 153.7925 ......do 27 PX 153.800 ......do PX 153.8075 ......do 27 PX 153.815 ......do PX 153.8225 ......do 27 PX 153.830 ......do 31 PF 153.8375 ......do 27, 31 PF 153.845 ......do PX 153.8525 ......do 27 PX 153.860 ......do PX 153.8675 ......do 27 PX 153.875 ......do PX 153.8825 ......do 27 PX 153.890 ......do PF 153.8975 ......do 27 PF 153.905 ......do PX 153.9125 ......do 27 PX 153.920 ......do PX 153.9275 ......do 27 PX 153.935 ......do PX 153.9425 ......do 27 PX 153.950 ......do PF 153.9575 ......do 27 PF 153.965 ......do PX 153.9725 ......do 27 PX 153.980 ......do PX 153.9875 ......do 27 PX 153.995 ......do PX 154.0025 ......do 27 PX 154.010 ......do PF 154.0175 ......do 27 PF 154.025 Base or mobile PX 154.0325 ......do 27 PX 154.040 ......do 28 PX 154.0475 ......do 27, 28 PX 154.055 ......do 28 PX 154.0625 ......do 27, 28 PX 154.070 Mobile 28 PF 154.0775 ......do 27, 28 PF 154.085 Base or mobile 28 PX 154.0925 ......do 2728 PX 154.100 ......do 28 PX 154.1075 ......do 27, 28 PX 154.115 ......do 28 PX 154.1225 ......do 27, 28 PX 154.130 ......do 28 PF 154.1375 ......do 27, 28 PF 154.145 ......do 28 PF 154.1525 ......do 27, 28 PF 154.160 ......do 28 PF 154.1675 ......do 27, 28 PF 154.175 ......do 28 PF 154.1825 ......do 27, 28 PF 154.190 ......do 28 PF 154.1975 ......do 27, 28 PF 154.205 ......do 28 PF 154.2125 ......do 27, 28 PF 154.220 ......do 28 PF 154.2275 ......do 27, 28 PF 154.235 ......do 28 PF 154.2425 ......do 27. 28 PF 154.250 ......do 28 PF 154.2575 ......do 27, 28 PF 154.265 ......do 19, 28 PF 154.2725 ......do 19, 27, 28 PF 154.280 ......do 19, 28 PF 154.2875 ......do 19, 27, 28 PF 154.295 ......do 19, 28 PF 154.3025 ......do 19, 27, 28 PF 154.310 ......do 28 PF 154.3175 ......do 27, 28 PF 154.325 ......do 28 PF 154.3325 ......do 27, 28 PF 154.340 ......do 28 PF 154.3475 ......do 27, 28 PF 154.355 ......do 28 PF 154.3625 ......do 27, 28 PF 154.370 ......do 28 PF 154.3775 ......do 27, 28 PF 154.385 ......do 28 PF 154.3925 ......do 27, 28 PF 154.400 ......do 28 PF 154.4075 ......do 27, 28 PF 154.415 ......do 28 PF 154.4225 ......do 27, 28 PF 154.430 ......do 28 PF 154.4375 ......do 27, 28 PF 154.445 ......do 28, 81 PF 154.4525 ......do 27, 28, 80. PF 154.45625 Fixed or mobile 32, 33, 34, 35 PX 154.46375 ......do 33, 34, 35, 36, 37 PX 154.47125 ......do 33, 34, 35, 36 PX 154.47875 ......do 33, 34, 35, 37 PX 154.650 Mobile PP 154.6575 ......do 27 PP 154.665 Base or mobile 16 PP 154.6725 ......do 16, 27 PP 154.680 ......do 16 PP 154.6875 ......do 16, 27 PP 154.695 ......do 16 PP 154.7025 ......do 16, 27 PP 154.710 Mobile PP 154.7175 ......do 27 PP 154.725 Base or mobile PP 154.7325 ......do 27 PP 154.740 ......do PP 154.7475 ......do 27 PP 154.755 ......do PP 154.7625 ......do 27 PP 154.770 Mobile PP 154.7775 ......do 27 PP 154.785 Base or mobile PP 154.7925 ......do 27 PP 154.800 ......do PP 154.8075 ......do 27 PP 154.815 ......do PP 154.8225 ......do 27 PP 154.830 Mobile PP 154.8375 ......do 27 PP 154.845 Base or mobile PP 154.8525 ......do 27 PP 154.860 ......do PP 154.8675 ......do 27 PP 154.875 ......do PP 154.8825 ......do 27 PP 154.890 Mobile PP 154.8975 ......do 27 PP 154.905 Base or mobile 16 PP 154.9125 ......do 16 PP 154.920 ......do 16 PP 154.9275 ......do 16, 27 PP 154.935 ......do 16 PP 154.9425 ......do 16, 27 PP 154.950 Mobile PP 154.9575 ......do 27 PP 154.965 Base or mobile PX 154.9725 ......do 27 PX 154.980 ......do PX 154.9875 ......do 27 PX 154.995 ......do PX 155.0025 ......do 27 PX 155.010 ......do PP 155.0175 ......do 27 PP 155.025 ......do PX 155.0325 ......do 27 PX 155.040 ......do PX 155.0475 ......do 27 PX 155.055 ......do PX 155.0625 ......do 27 PX 155.070 ......do PP 155.0775 ......do 27 PP 155.085 ......do PX 155.0925 ......do 27 PX 155.100 ......do PX 155.1075 ......do 27 PX 155.115 ......do PX 155.1225 ......do 27 PX 155.130 ......do PP 155.1375 ......do 27 PP 155.145 ......do PX 155.1525 ......do 27 PX 155.160 ......do 10 PS 155.1675 ......do 10, 27 PS 155.175 ......do 10 PS 155.1825 ......do 10, 27 PS 155.190 ......do PP 155.1975 ......do 27 PP 155.205 ......do 10 PS 155.2125 ......do 10, 27 PS 155.220 ......do 10 PS 155.2275 ......do 10, 27 PS 155.235 ......do 10 PS 155.2425 ......do 10, 27 PS 155.250 ......do PP 155.2575 ......do 27 PP 155.265 ......do 10 PS 155.2725 ......do 10, 27 PS 155.280 ......do 10 PS 155.2875 ......do 10, 27 PS 155.295 ......do 10 PS 155.3025 ......do 10, 27 PS 155.310 ......do PP 155.3175 ......do 27 PP 155.325 ......do 10, 39 PM 155.3325 ......do 27, 10, 39 PM 155.340 ......do 39, 40 PM 155.3475 ......do 27, 39, 40 PM 155.355 ......do 10, 39 PM 155.3625 ......do 27, 10, 39 PM 155.370 ......do PP 155.3775 ......do 27 PP 155.385 ......do 10, 39 PM 155.3925 ......do 27, 10, 39 PM 155.400 ......do 10, 39 PM 155.4075 ......do 27, 10, 39 PM 155.415 ......do PP 155.4225 ......do 27 PP 155.430 ......do PP 155.4375 ......do 27 PP 155.445 ......do 16 PP 155.4525 ......do 16, 27 PP 155.460 ......do 16 PP 155.4675 ......do 16, 27 PP 155.475 ......do 41 PP 155.4825 ......do 27, 41 PP 155.490 ......do PP 155.4975 ......do 27 PP 155.505 ......do 16 PP 155.5125 ......do 16, 27 PP 155.520 ......do PP 155.5275 ......do 27 PP 155.535 ......do PP 155.5425 ......do 27 PP 155.550 ......do PP 155.5575 ......do 27 PP 155.565 ......do PP 155.5725 ......do 27 PP 155.580 ......do PP 155.5875 ......do 27 PP 155.595 ......do PP 155.6025 ......do 27 PP 155.610 ......do PP 155.6175 ......do 27 PP 155.625 ......do PP 155.6325 ......do 27 PP 155.640 ......do PP 155.6475 ......do 27 PP 155.655 ......do PP 155.6625 ......do 27 PP 155.670 ......do PP 155.6775 ......do 27 PP 155.685 ......do PP 155.6925 ......do 27 PP 155.700 ......do PP 155.7075 ......do 27 PP 155.715 ......do PX 155.7225 ......do 27 PX 155.730 ......do PP 155.7375 ......do 27 PP 155.745 ......do 81 PX 155.7525 ......do 27, 80, 83 PX 155.760 ......do 81 PX 155.7675 ......do 27 PX 155.775 ......do PX 155.7825 ......do 27 PX 155.790 ......do PP 155.7975 ......do 27 PP 155.805 ......do PX 155.8125 ......do 27 PX 155.820 ......do PX 155.8275 ......do 27 PX 155.835 ......do PX 155.8425 ......do 27 PX 155.850 Mobile PP 155.8575 ......do 27 PP 155.865 Base or mobile PX 155.8725 ......do 27 PX 155.880 ......do PX 155.8875 ......do 27 PX 155.895 ......do PX 155.9025 ......do 27 PX 155.910 Mobile PP 155.9175 ......do 27 PP 155.925 Base or mobile PX 155.9325 ......do 27 PX 155.940 ......do PX 155.9475 ......do 27 PX 155.955 ......do PX 155.9625 ......do 27 PX 155.970 Mobile PP 155.9775 ......do 27 PP 155.985 ......do PX 155.9925 ......do 27 PX 156.000 ......do PX 156.0075 ......do 27 PX 156.015 ......do PX 156.0225 ......do 27 PX 156.030 ......do PP 156.0375 ......do 27 PP 156.045 ......do 42 PH 156.0525 ......do 27, 42 PH 156.060 ......do 42 PH 156.0675 ......do 27, 42 PH 156.075 ......do PH 156.0825 ......do 27 PH 156.090 ......do PP 156.0975 ......do 27 PP 156.105 Base or mobile PH 156.1125 ......do 27 PH 156.120 ......do PH 156.1275 ......do 27 PH 156.135 ......do PH 156.1425 ......do 27 PH 156.150 Mobile PP 156.1575 ......do 27 PP 156.165 Base or mobile 42 PH 156.1725 ......do 27, 42 PH 156.180 ......do 42 PH 156.1875 ......do 27, 42 PH 156.195 ......do PH 156.2025 ......do 27 PH 156.210 ......do PP 156.2175 ......do 27 PP 156.225 ......do PH 156.2325 ......do 27, 10 PH 156.240 ......do 79 PH 157.450 Base 13, 30, 45 PS 158.7225 Base or Mobile 44 PP 158.730 ......do 81 PP 158.7375 ......do 27, 80 PP 158.745 ......do 81 PX 158.7525 ......do 27 PX 158.760 ......do PX 158.7675 ......do 27 PX 158.775 ......do PX 158.7825 ......do 27 PX 158.790 ......do PP 158.7975 ......do 27 PP 158.805 ......do PX 158.8125 ......do 27 PX 158.820 ......do PX 158.8275 ......do PX 158.835 ......do PX 158.8425 ......do 27 PX 158.850 ......do PP 158.8575 ......do 27 PP 158.865 Mobile PX 158.8725 ......do 27 PX 158.880 ......do PX 158.8875 ......do PX 158.895 ......do PX 158.9025 ......do 27 PX 158.910 ......do PP 158.9175 ......do 27 PP 158.925 ......do PX 158.9325 ......do 27 PX 158.940 ......do PX 158.9475 ......do PX 158.955 ......do PX 158.9625 ......do 27 PX 158.970 ......do PP 158.9775 ......do 27 PP 158.985 ......do PH 158.9925 ......do 27 PH 159.000 ......do PH 159.0075 ......do 27 PH 159.015 ......do PH 159.0225 ......do 27 PH 159.030 ......do PP 159.0375 ......do 27 PP 159.045 ......do PH 159.0525 ......do 27 PH 159.060 ......do PH 159.0675 ......do 27 PH 159.075 ......do PH 159.0825 ......do 27 PH 159.090 Base or mobile PP 159.0975 ......do 27 PP 159.105 ......do PH 159.1125 ......do 27 PH 159.120 ......do PH 159.1275 ......do 27 PH 159.135 ......do PH 159.1425 ......do 27 PH 159.150 ......do PP 159.1575 ......do 27 PP 159.165 ......do PH 159.1725 ......do 27 PH 159.180 ......do PH 159.1875 ......do 27 PH 159.195 ......do PH 159.2025 ......do 27 PH 159.210 ......do PP 159.2175 ......do 27 PP 159.225 ......do PO 159.2325 ......do 27 PO 159.240 ......do 46 PO 159.2475 ......do 27, 46 PO 159.255 ......do 46 PO 159.2625 ......do 27, 46 PO 159.270 ......do 46 PO 159.2775 ......do 27, 46 PO 159.285 ......do 46 PO 159.2925 ......do 27, 46 PO 159.300 ......do 46 PO 159.3075 ......do 27, 46 PO 159.315 ......do 46 PO 159.3225 ......do 27, 46 PO 159.330 ......do 46 PO 159.3375 ......do 27, 46 PO 159.345 ......do 46 PO 159.3525 ......do 27, 46 PO 159.360 ......do 46 PO 159.3675 ......do 27, 46 PO 159.375 ......do 46 PO 159.3825 ......do 27, 46 PO 159.390 ......do 46 PO 159.3975 ......do 27, 46 PO 159.405 ......do 46 PO 159.4125 ......do 27, 46 PO 159.420 ......do 46 PO 159.4275 ......do 27, 46 PO 159.435 ......do 46 PO 159.4425 ......do 27, 46 PO 159.450 ......do PO 159.4575 ......do 27 PO 159.465 ......do 81 PO 159.4725 ......do 80 PO 163.250 Base 13, 30 PS 166.250 Base or mobile 47 PF 169 to 172 Mobile or operational fixed 48 170.150 Base or mobile 47 PF 170.425 ....do 9, 49 PO. 170.475 ....do 9, 49 PO. 170.575 ....do 9, 49 PO. 171.425 ....do 9, 49 PO. 171.475 ....do 9, 49 PO. 171.575 ....do 9, 49 PO. 172.225 ....do 9, 49 PO. 172.275 ....do 9, 49 PO. 172.375 ....do 9, 49 PO. 173.075 ......do 53 PP 173.20375 Fixed or mobile 33, 34, 35, 36 PX 173.210 ......do 34, 35, 36, 54 PX 173.2375 ......do 90, 91, 92, 93 PX 173.2625 ......do 90, 91, 92, 93 PX 173.2875 ......do 90, 91, 92, 93 PX 173.3125 ......do 90, 91, 92, 93 PX 173.3375 ......do 90, 91, 92, 93 PX 173.3625 ......do 90, 91, 92, 93 PX 173.390 ......do 34, 35, 36, 54 PX 173.39625 ......do 33, 34, 35, 36 PX 220 to 222 Base or mobile 55 220.8025 Base 55 220.8075 ......do 55 220.8125 ......do 55 220.8175 ......do 55 220.8225 ......do 55 220.8275 ......do 55 220.8325 ......do 55 220.8375 ......do 55 220.8425 ......do 55 220.8475 ......do 55 220.9025 ......do 55 PM 220.9075 ......do 55 PM 220.9125 ......do 55 PM 220.9175 ......do 55 PM 220.9225 ......do 55 PM 221.8025 Mobile 55 221.8075 ......do 55 221.8125 ......do 55 221.8175 ......do 55 221.8225 ......do 55 221.8275 ......do 55 221.8325 ......do 55 221.8375 ......do 55 221.8425 ......do 55 221.8475 ......do 55 221.9025 ......do 55 PM 221.9075 ......do 55 PM 221.9125 ......do 55 PM 221.9175 ......do 55 PM 221.9225 ......do 55 PM 406 to 416 Operational fixed 48 450 to 470 Fixed, base, or mobile 26, 56 453.0125 Mobile 57, 78 PX 453.03125 Base or mobile 44, 59, 62, 84 PM 453.0375 ......do 27, 59, 62, 84 PX 453.04375 ......do 44, 59, 62, 84 PM 453.050 ......do PX 453.05625 ......do 44, 84 PX 453.0625 ......do 27, 84 PX 453.06875 ......do 44, 84 PX 453.075 Central control, fixed base, or mobile 58, 59, 60, 61, 62 PM 453.08125 Base or mobile 44, 59, 62, 84 PM 453.0875 ......do 27, 59, 62, 84 PX 453.09375 ......do 44, 59, 62, 84 PM 453.100 ......do PX 453.10625 ......do 44, 84 PX 453.1125 ......do 27, 84 PX 453.11875 ......do 44, 84 PX 453.125 Central control, fixed base, or mobile 58, 59, 60, 61, 62 PM 453.13125 Base or mobile 44, 59, 62, 84 PM 453.1375 ......do 27, 59, 62, 84 PX 453.14375 ......do 44, 59, 62, 84 PM 453.150 ......do PX 453.15625 ......do 44 PX 453.1625 ......do 27 PX 453.16875 ......do 44 PX 453.175 Central control, fixed base, or mobile 58, 59, 60, 61, 62 PM 453.18125 Base or mobile 44, 59, 62 PM 453.1875 ......do 27, 59, 62 PX 453.19375 ......do 44, 59, 62 PM 453.200 ......do 81 PX 453.20625 ......do 44, 82 PX 453.2125 ......do 27, 80, 83 PX 453.21875 ......do 44, 82 PX 453.225 ......do 81 PX 453.23125 ......do 44 PX 453.2375 ......do 27 PX 453.24375 ......do 44 PX 453.250 ......do PX 453.25625 ......do 44 PX 453.2625 ......do 27 PX 453.26875 ......do 44 PX 453.275 ......do PX 453.28125 ......do 44 PX 453.2875 ......do 27 PX 453.29375 ......do 44 PX 453.300 ......do PX 453.30625 ......do 44 PX 453.3125 ......do 27 PX 453.31875 ......do 44 PX 453.325 ......do PX 453.33125 ......do 44 PX 453.3375 ......do 27 PX 453.34375 ......do 44 PX 453.350 ......do PX 453.35625 ......do 44 PX 453.3625 ......do 27 PX 453.36875 ......do 44 PX 453.375 ......do PX 453.38125 ......do 44 PX 453.3875 ......do 27 PX 453.39375 ......do 44 PX 453.400 ......do PX 453.40625 ......do 44 PX 453.4125 ......do 27 PX 453.41875 ......do 44 PX 453.425 ......do PX 453.43125 ......do 44 PX 453.4375 ......do 27 PX 453.44375 ......do 44 PX 453.450 ......do 81 PX 453.45625 ......do 44, 82 PX 453.4625 ......do 27, 80 PX 453.46875 ......do 44, 82 PX 453.475 ......do 81 PX 453.48125 ......do 44 PX 453.4875 ......do 27 PX 453.49375 ......do 44 PX 453.500 ......do PX 453.50625 ......do 44 PX 453.5125 ......do 27 PX 453.51875 ......do 44 PX 453.525 ......do PX 453.53125 ......do 44 PX 453.5375 ......do 27 PX 453.54375 ......do 44 PX 453.550 ......do PX 453.55625 ......do 44 PX 453.5625 ......do 27 PX 453.56875 ......do 44 PX 453.575 ......do PX 453.58125 ......do 44 PX 453.5875 ......do 27 PX 453.59375 ......do 44 PX 453.600 ......do PX 453.60625 ......do 44 PX 453.6125 ......do 27 PX 453.61875 ......do 44 PX 453.625 ......do PX 453.63125 ......do 44 PX 453.6375 ......do 27 PX 453.64375 ......do 44 PX 453.650 ......do PX 453.65625 ......do 44 PX 453.6625 ......do 27 PX 453.66875 ......do 44 PX 453.675 ......do PX 453.68125 ......do 44 PX 453.6875 ......do 27 PX 453.69375 ......do 44 PX 453.700 ......do 81 PX 453.70625 ......do 44, 82 PX 453.7125 ......do 27, 80 PX 453.71875 ......do 44, 82 PX 453.725 ......do 81 PX 453.73125 ......do 44 PX 453.7375 ......do 27 PX 453.74375 ......do 44 PX 453.750 ......do PX 453.75625 ......do 44 PX 453.7625 ......do 27 PX 453.76875 ......do 44 PX 453.775 ......do PX 453.78125 ......do 44 PX 453.7875 ......do 27 PX 453.79375 ......do 44 PX 453.800 ......do PX 453.80625 ......do 44 PX 453.8125 ......do 27 PX 453.81875 ......do 44 PX 453.825 ......do PX 453.83125 ......do 44 PX 453.8375 ......do 27 PX 453.84375 ......do 44 PX 453.850 ......do 81 PX 453.85625 ......do 44, 82 PX 453.8625 ......do 27, 80 PX 453.86875 ......do 44, 82 PX 453.875 ......do 81 PX 453.88125 ......do 44, 84 PX 453.8875 ......do 27, 84 PX 453.89375 ......do 44, 84 PX 453.900 ......do PX 453.90625 ......do 44, 84 PX 453.9125 ......do 27, 84 PX 453.91875 ......do 44, 84 PX 453.925 ......do PX 453.93125 ......do 44, 84 PX 453.9375 ......do 27, 84 PX 453.94375 ......do 44, 84 PX 453.950 ......do PX 453.95625 ......do 44, 84 PX 453.9625 ......do 27, 84 PX 453.96875 ......do 44, 84 PX 453.975 ......do PX 453.98125 ......do 44, 84 PX 453.9875 ......do 27, 84 PX 453.99375 ......do 44, 84 PX 458.0125 Mobile 57 PS 458.025 Central control, fixed base, or mobile 58, 59, 61, 62, 63 PM 458.03125 Mobile 44, 59, 61, 62, 84 PM 458.0375 ......do 27, 59, 61, 62, 84 PX 458.04375 ......do 44, 59, 61, 62, 84 PM 458.050 ......do PX 458.05625 ......do 44, 84 PX 458.0625 ......do 27, 84 PX 458.06875 ......do 44, 84 PX 458.075 Central control, fixed base, or mobile 58, 59, 61, 62, 63 PM 458.08125 Mobile 44, 59, 61, 62, 84 PM 458.0875 ......do 27, 59, 61, 62, 84 PX 458.09375 ......do 44, 59, 61, 62, 84 PM 458.100 ......do PX 458.10625 ......do 44, 84 PX 458.1125 ......do 27, 84 PX 458.11875 ......do 44, 84 PX 458.125 Central control, fixed base, or mobile 58, 59, 61, 62, 63 PM 458.13125 Mobile 44, 59, 61, 62, 84 PM 458.1375 ......do 27, 59, 61, 62, 84 PX 458.14375 ......do 44, 59, 61, 62, 84 PM 458.150 ......do PX 458.15625 ......do 44 PX 458.1625 ......do 27 PX 458.16875 ......do 44 PX 458.175 Central control, fixed base, or mobile 58, 59, 61, 62, 63 PM 458.18125 Mobile 44, 59, 61, 62 PM 458.1875 ......do 27, 59, 61, 62 PX 458.19375 ......do 44, 59, 61, 62 PM 458.200 ......do 81 PX 458.20625 ......do 44, 82 PX 458.2125 ......do 27, 80, 83 PX 458.21875 ......do 44, 82 PX 458.225 ......do 81 PX 458.23125 ......do 44 PX 458.2375 ......do 27 PX 458.24375 ......do 44 PX 458.250 ......do PX 458.25625 ......do 44 PX 458.2625 ......do 27 PX 458.26875 ......do 44 PX 458.275 ......do PX 458.28125 ......do 44 PX 458.2875 ......do 27 PX 458.29375 ......do 44 PX 458.300 ......do PX 458.30625 ......do 44 PX 458.3125 ......do 27 PX 458.31875 ......do 44 PX 458.325 ......do PX 458.33125 ......do 44 PX 458.3375 ......do 27 PX 458.34375 ......do 44 PX 458.350 ......do PX 458.35625 ......do 44 PX 458.3625 ......do 27 PX 458.36875 ......do 44 PX 458.375 ......do PX 458.38125 ......do 44 PX 458.3875 ......do 27 PX 458.39375 ......do 44 PX 458.400 ......do PX 458.40625 ......do 44 PX 458.4125 ......do 27 PX 458.41875 ......do 44 PX 458.425 ......do PX 458.43125 ......do 44 PX 458.4375 ......do 27 PX 458.44375 ......do 44 PX 458.450 ......do 81 PX 458.45625 ......do 44, 82 PX 458.4625 ......do 27, 80 PX 458.46875 ......do 44, 82 PX 458.475 ......do 81 PX 458.48125 ......do 44 PX 458.4875 ......do 27 PX 458.49375 ......do 44 PX 458.500 ......do PX 458.50625 ......do 44 PX 458.5125 ......do 27 PX 458.51875 ......do 44 PX 458.525 ......do PX 458.53125 ......do 44 PX 458.5375 ......do 27 PX 458.54375 ......do 44 PX 458.550 ......do PX 458.55625 ......do 44 PX 458.5625 ......do 27 PX 458.56875 ......do 44 PX 458.575 ......do PX 458.58125 ......do 44 PX 458.5875 ......do 27 PX 458.59375 ......do 44 PX 458.600 ......do PX 458.60625 ......do 44 PX 458.6125 ......do 27 PX 458.61875 ......do 44 PX 458.625 ......do PX 458.63125 ......do 44 PX 458.6375 ......do 27 PX 458.64375 ......do 44 PX 458.650 ......do PX 458.65625 ......do 44 PX 458.6625 ......do 27 PX 458.66875 ......do 44 PX 458.675 ......do PX 458.68125 ......do 44 PX 458.6875 ......do 27 PX 458.69375 ......do 44 PX 458.700 ......do PX 458.70625 ......do 44 PX 458.7125 ......do 27 PX 458.71875 ......do 44 PX 458.725 ......do PX 458.73125 ......do 44 PX 458.7375 ......do 27 PX 458.74375 ......do 44 PX 458.750 ......do PX 458.75625 ......do 44 PX 458.7625 ......do 27 PX 458.76875 ......do 44 PX 458.775 ......do PX 458.78125 ......do 44 PX 458.7875 ......do 27 PX 458.79375 ......do 44 PX 458.800 ......do PX 458.80625 ......do 44 PX 458.8125 ......do 27 PX 458.81875 ......do 44 PX 458.825 ......do PX 458.83125 ......do 44 PX 458.8375 ......do 27 PX 458.84375 ......do 44 PX 458.850 ......do 81 PX 458.85625 ......do 44, 82 PX 458.8625 ......do 27, 80 PX 458.86875 ......do 44, 82 PX 458.875 ......do 81 PX 458.88125 ......do 44, 84 PX 458.8875 ......do 27, 84 PX 458.89375 ......do 44, 84 PX 458.900 ......do PX 458.90625 ......do 44, 84 PX 458.9125 ......do 27, 84 PX 458.91875 ......do 44, 84 PX 458.925 ......do PX 458.93125 ......do 44, 84 PX 458.9375 ......do 27, 84 PX 458.94375 ......do 44, 84 PX 458.950 ......do PX 458.95625 ......do 44, 84 PX 458.9625 ......do 27, 84 PX 458.96875 ......do 44, 84 PX 458.975 ......do PX 458.98125 ......do 44, 84 PX 458.9875 ......do 27, 84 PX 458.99375 ......do 44, 84 PX 460.0125 ......do 27, 64 PP 460.01875 Base or mobile 44 PP 460.025 ......do PP 460.03125 ......do 44 PP 460.0375 ......do 27 PP 460.04375 ......do 44 PP 460.050 ......do PP 460.05625 ......do 44 PP 460.0625 ......do 27 PP 460.06875 ......do 44 PP 460.075 ......do PP 460.08125 ......do 44 PP 460.0875 ......do 27 PP 460.09375 ......do 44 PP 460.100 ......do PP 460.10625 ......do 44 PP 460.1125 ......do 27 PP 460.11875 ......do 44 PP 460.125 ......do PP 460.13125 ......do 44 PP 460.1375 ......do 27 PP 460.14375 ......do 44 PP 460.150 ......do PP 460.15625 ......do 44 PP 460.1625 ......do 27 PP 460.16875 ......do 44 PP 460.175 ......do PP 460.18125 ......do 44 PP 460.1875 ......do 27 PP 460.19375 ......do 44 PP 460.200 ......do PP 460.20625 ......do 44 PP 460.2125 ......do 27 PP 460.21875 ......do 44 PP 460.225 ......do PP 460.23125 ......do 44 PP 460.2375 ......do 27 PP 460.24375 ......do 44 PP 460.250 ......do PP 460.25625 ......do 44 PP 460.2625 ......do 27 PP 460.26875 ......do 44 PP 460.275 ......do PP 460.28125 ......do 44 PP 460.2875 ......do 27 PP 460.29375 ......do 44 PP 460.300 ......do PP 460.30625 ......do 44 PP 460.3125 ......do 27 PP 460.31875 ......do 44 PP 460.325 ......do PP 460.33125 ......do 44 PP 460.3375 ......do 27 PP 460.34375 ......do 44 PP 460.350 ......do PP 460.35625 ......do 44 PP 460.3625 ......do 27 PP 460.36875 ......do 44 PP 460.375 ......do PP 460.38125 ......do 44 PP 460.3875 ......do 27 PP 460.39375 ......do 44 PP 460.400 ......do PP 460.40625 ......do 44 PP 460.4125 ......do 27 PP 460.41875 ......do 44 PP 460.425 ......do PP 460.43125 ......do 44 PP 460.4375 ......do 27 PP 460.44375 ......do 44 PP 460.450 ......do PP 460.45625 ......do 44 PP 460.4625 ......do 27 PP 460.46875 ......do 44 PP 460.475 ......do PP 460.48125 ......do 44, 84 PP 460.4875 ......do 27, 84 PP 460.49375 ......do 44, 84 PP 460.500 ......do PP 460.50625 ......do 44, 84 PP 460.5125 ......do 27, 84 PP 460.51875 ......do 44, 84 PP 460.525 ......do PP, PF, PM 460.53125 ......do 44, 84 PP, PF, PM 460.5375 ......do 27, 84 PP, PF, PM 460.54375 ......do 44, 84 PP, PF, PM 460.550 ......do PP, PF, PM 460.55625 ......do 44, 84 PP, PF, PM 460.5625 ......do 27, 84 PP, PF, PM 460.56875 ......do 44, 84 PP, PF, PM 460.575 ......do PF 460.58125 ......do 44 PF 460.5875 ......do 27 PF 460.59375 ......do 44 PF 460.600 ......do PF 460.60625 ......do 44 PF 460.6125 ......do 27 PF 460.61875 ......do 44 PF 460.625 ......do PF 460.63125 ......do 44 PF 460.6375 ......do 27 PF 460.64375 ......do 44 PF 462.9375 ......do 57 PF 462.950 ......do 10, 65 PM 462.95625 ......do 10, 44, 65 PM 462.9625 ......do 27, 10, 65 PM 462.96875 ......do 10, 44, 65 PM 462.975 ......do 10, 65 PM 462.98125 ......do 10, 44, 65 PM 462.9875 ......do 27, 10, 65 PM 462.99375 ......do 10, 44, 65 PM 463.000 ......do 59, 66, 67 PM 463.00625 ......do 44, 59, 66, 67 PM 463.0125 ......do 27, 59, 66, 67 PM 463.01875 ......do 44, 59, 66, 67 PM 463.025 ......do 59, 66, 67 PM 463.03125 ......do 44, 59, 66, 67 PM 463.0375 ......do 27, 59, 66, 67 PM 463.04375 ......do 44, 59, 66, 67 PM 463.050 ......do 59, 66, 67 PM 463.05625 ......do 44, 59, 66, 67 PM 463.0625 ......do 27, 59, 66, 67 PM 463.06875 ......do 44, 59, 66, 67 PM 463.075 ......do 59, 66, 76 PM 463.08125 ......do 44, 59, 66, 76 PM 463.0875 ......do 27, 59, 66, 76 PM 463.09375 ......do 44, 59, 66, 76 PM 463.100 ......do 59, 66, 76 PM 463.10625 ......do 44, 59, 66, 76 PM 463.1125 ......do 27, 59, 66, 76 PM 463.11875 ......do 44, 59, 66, 76 PM 463.125 ......do 59, 66, 76 PM 463.13125 ......do 44, 59, 66, 76 PM 463.1375 ......do 27, 59, 66, 76 PM 463.14375 ......do 44, 59, 66, 76 PM 463.150 ......do 59, 66, 76 PM 463.15625 ......do 44, 59, 66, 76 PM 463.1625 ......do 27, 59, 66, 76 PM 463.16875 ......do 44, 59, 66, 76 PM 463.175 ......do 59, 66, 76 PM 463.18125 ......do 44, 59, 66, 76 PM 463.1875 ......do 27, 59, 66, 76 PM 463.19375 ......do 44, 59, 66, 76 PM 465.0125 Mobile 57 PP 465.025 ......do PP 465.03125 ......do 44 PP 465.0375 ......do 27 PP 465.04375 ......do 44 PP 465.050 ......do PP 465.05625 ......do 44 PP 465.0625 ......do 27 PP 465.06875 ......do 44 PP 465.075 ......do PP 465.08125 ......do 44 PP 465.0875 ......do 27 PP 465.09375 ......do 44 PP 465.100 ......do PP 465.10625 ......do 44 PP 465.1125 ......do 27 PP 465.11875 ......do 44 PP 465.125 ......do PP 465.13125 ......do 44 PP 465.1375 ......do 27 PP 465.14375 ......do 44 PP 465.150 ......do PP 465.15625 ......do 44 PP 465.1625 ......do 27 PP 465.16875 ......do 44 PP 465.175 ......do PP 465.18125 ......do 44 PP 465.1875 ......do 27 PP 465.19375 ......do 44 PP 465.200 ......do PP 465.20625 ......do 44 PP 465.2125 ......do 27 PP 465.21875 ......do 44 PP 465.225 ......do PP 465.23125 ......do 44 PP 465.2375 ......do 27 PP 465.24375 ......do 44 PP 465.250 ......do PP 465.25625 ......do 44 PP 465.2625 ......do 27 PP 465.26875 ......do 44 PP 465.275 ......do PP 465.28125 ......do 44 PP 465.2875 ......do 27 PP 465.29375 ......do 44 PP 465.300 ......do PP 465.30625 ......do 44 PP 465.3125 ......do 27 PP 465.31875 ......do 44 PP 465.325 ......do PP 465.33125 ......do 44 PP 465.3375 ......do 27 PP 465.34375 ......do 44 PP 465.350 ......do PP 465.35625 ......do 44 PP 465.3625 ......do 27 PP 465.36875 ......do 44 PP 465.375 ......do PP 465.38125 ......do 44 PP 465.3875 ......do 27 PP 465.39375 ......do 44 PP 465.400 ......do PP 465.40625 ......do 44 PP 465.4125 ......do 27 PP 465.41875 ......do 44 PP 465.425 ......do PP 465.43125 ......do 44 PP 465.4375 ......do 27 PP 465.44375 ......do 44 PP 465.450 ......do PP 465.45625 ......do 44 PP 465.4625 ......do 27 PP 465.46875 ......do 44 PP 465.475 ......do PP 465.48125 ......do 44, 84 PP 465.4875 ......do 27, 84 PP 465.49375 ......do 44, 84 PP 465.500 ......do PP 465.50625 ......do 44, 84 PP 465.5125 ......do 27, 84 PP 465.51875 ......do 44, 84 PP 465.525 ......do PP, PF, PM 465.53125 ......do 44, 84 PP, PF, PM 465.5375 ......do 27, 84 PP, PF, PM 465.54375 ......do 44, 84 PP, PF, PM 465.550 Base or mobile PP, PF, PM 465.55625 ......do 44, 84 PP, PF, PM 465.5625 ......do 27, 84 PP, PF, PM 465.56875 ......do 44, 84 PP, PF, PM 465.575 Mobile PF 465.58125 ......do 44 PF 465.5875 ......do 27 PF 465.59375 ......do 44 PF 465.600 ......do PF 465.60625 ......do 44 PF 465.6125 ......do 27 PF 465.61875 ......do 44 PF 465.625 ......do PF 465.63125 ......do 44 PF 465.6375 ......do 27 PF 465.64375 ......do 44 PF 467.9375 ......do 57 PS 467.950 ......do 10, 65 PM 467.95625 ......do 10, 44, 65 PM 467.9625 ......do 10, 27, 65 PM 467.96875 ......do 10, 44, 65 PM 467.975 ......do 10, 65 PM 467.98125 ......do 10, 44, 65 PM 467.9875 ......do 10, 27, 65 PM 467.99375 ......do 10, 44, 65 PM 468.000 ......do 59, 66, 67 PM 468.00625 ......do 44, 59, 66, 67 PM 468.0125 ......do 27, 59, 66, 67 PM 468.01875 ......do 44, 59, 66, 67 PM 468.025 ......do 59, 66, 67 PM 468.03125 ......do 44, 59, 66, 67 PM 468.0375 ......do 27, 59, 66, 67 PM 468.04375 ......do 44, 59, 66, 67 PM 468.050 ......do 59, 66, 67 PM 468.05625 ......do 44, 59, 66, 67 PM 468.0625 ......do 27, 59, 66, 67 PM 468.06875 ......do 44, 59, 66, 67 PM 468.075 ......do 59, 66, 76 PM 468.08125 ......do 44, 59, 66, 76 PM 468.0875 ......do 27, 59, 66, 76 PM 468.09375 ......do 44, 59, 66, 76 PM 468.100 ......do 59, 66, 76 PM 468.10625 ......do 44, 59, 66, 76 PM 468.1125 ......do 27, 59, 66, 76 PM 468.11875 ......do 44, 59, 66, 76 PM 468.125 ......do 59, 66, 76 PM 468.13125 ......do 44, 59, 66, 76 PM 468.1375 ......do 27, 59, 66, 76 PM 468.14375 ......do 44, 59, 66, 76 PM 468.150 ......do 59, 66, 76 PM 468.15625 ......do 44, 59, 66, 76 PM 468.1625 ......do 27, 59, 66, 76 PM 468.16875 ......do 44, 59, 66, 76 PM 468.175 ......do 59, 66, 76 PM 468.18125 ......do 44, 59, 66, 76 PM 468.1875 ......do 27, 59, 66, 76 PM 468.19375 ......do 44, 59, 66, 76 PM 470 to 512 Base or mobile 68 758 to 775 Base, mobile 77 PX 788 to 805 Mobile 77 PX 806 to 817 ......do 69 851 to 862 Base or mobile 69 928 and above Operational fixed 70. 929 to 930 Base only 71. 1,427 to 1,432 Base, mobile or operational fixed 72 2,450 to 2,500 Base or mobile 73. 4940 to 4990 Fixed, base or mobile 85 5895-5925 Base or mobile 86 Not applicable. 10,550 to 10,680 ......do 74. ( d ) Explanation of assignment limitations appearing in the frequency table of paragraph (c)(3) of this section: ( 1 ) This frequency is available for use by Travelers' Information Stations in accordance with § 90.242 . ( 2 ) The frequency is available for assignment only in accordance with a geographical assignment plan. ( 3 ) Base stations operating on this frequency and rendering service to state police mobile units may be authorized to use a maximum output power in excess of the maximum indicated in § 90.205 but not in excess of 7500 watts: Provided, That such operation is secondary to other stations. ( 4 ) The use of this frequency is on a secondary basis to any Canadian station. ( 5 ) In addition to base and mobile stations, this frequency may be assigned to fixed stations on a secondary basis to base or mobile stations. Upon a showing of need, the use of a second frequency in the band 2505-3500 kHz may be made available to governmental entities through appropriate arrangements with Federal Government agencies for restricted area use on a shared basis with maximum power output, emission, and hours of operation determined on the basis of the technical conditions involved in using the selected frequency in the particular area. ( 6 ) Only the central governments of the fifty individual States, the District of Columbia, and the insular areas of the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the unincorporated territories of American Samoa, Guam and the United States Virgin Islands are eligible to be licensed to use this spectrum, and then only for disaster communications purposes. Licensees may not use this spectrum to provide operational communications circuits. See also, § 90.264 . ( 7 ) This frequency is shared with the Industrial/Business Pool. ( 8 ) This frequency is available for assignment only in accordance with a geographical assignment plan. This frequency may be used for conservation activities on a secondary basis to any station using the frequency for forest fire prevention, detection, and suppression. ( 9 ) This frequency is reserved primarily for assignment to state licensees. Assignments to other licensees will be made only where the frequency is required for coordinated operation with the State system to which the frequency is assigned. Any request for such assignment must be supported by a statement from the State system concerned, indicating that the assignment is necessary for coordination of activities. ( 10 ) A licensee regularly conducting two-way communication operations on this frequency may, on a secondary basis, also transmit one-way alert-paging signals to ambulance and rescue squad personnel. ( 11 ) The maximum output power of any transmitter authorized to operate on this frequency shall not exceed 10 watts. ( 12 ) This frequency is available in this service only to persons eligible under the provisions of paragraph (a)(2)(v) of this section for operation of transmitters having a maximum power output of three watts using A1A, A1D, A2B, A2D, F1B, F1D, F2B, F2D, G1B, G1D, G2B, or G2D emission. This frequency is also available in the Industrial/Business Pool on a co-equal basis with the Public Safety licensees. ( 13 ) This frequency will be assigned only for one-way paging communications to mobile receivers. Transmissions for the purpose of activating or controlling remote objects on this frequency are not authorized. ( 14 ) The maximum output power of any transmitter authorized to operate on this frequency, after June 1, 1956, shall not exceed two watts. Licensees holding a valid authorization as of June 1, 1956, for base or mobile station operation on this frequency, with a power in excess of two watts, may continue to be authorized for such operation without regard to this power limitation. ( 15 ) This frequency is reserved for assignment to stations for intersystem operations only: Provided, however, That licensees holding a valid authorization to use this frequency for local base or mobile operations as of June 1, 1956, may continue to be authorized for such use. ( 16 ) This frequency is reserved primarily for assignment to state police licensees. Assignments to other police licensees will be made only where the frequency is required for coordinated operation with the state police system to which the frequency is assigned. Any request for such assignment must be supported by a statement from the state police system concerned indicating that the assignment is necessary for coordination of police activities. ( 17 ) In the State of Alaska only, the frequency 42.40 MHz is available for assignment on a primary basis to stations in the Common Carrier Rural Radio Service utilizing meteor burst communications. The frequency may be used by private radio stations for meteor burst communications on a secondary, noninterference basis. Usage shall be in accordance with part 22 of this chapter or part 90. Stations utilizing meteor burst communications shall not cause harmful interference to stations of other radio services operating in accordance with the allocation table. ( 18 ) No new licenses will be granted for one-way paging under § 90.487 for use on this frequency after August 1, 1980. This frequency is available to persons eligible for station licenses under the provisions of paragraph (a)(2)(v) of this section on a co-equal basis with one-way paging users under § 90.487 prior to August 1, 1985, and on a primary basis after August 1, 1985. Only A1A, A1D, A2B, A2D, F1B, F1D, F2B, F2D, G1B, G1D, G2B, G2D emissions and power not exceeding 10 watts will be authorized. Antennas having gain greater than 0 dBd will not be authorized. Transmissions shall not exceed two seconds duration. ( 19 ) This frequency is reserved for assignment to stations in this service for intersystem operations only and these operations must be primarily base-mobile communications. ( 20 ) In the State of Alaska only, the frequency 45.90 MHz is available for assignment on a primary basis to private land mobile radio stations utilizing meteor burst communications. The frequency may be used by common carrier stations for meteor burst communications on a secondary, noninterference basis. Usage shall be in accordance with part 22 of this chapter and part 90. Stations utilizing meteor burst communications shall not cause harmful interference to stations of other radio services operating in accordance with the allocation table. ( 21 ) This frequency will be assigned only in accordance with a geographical assignment plan and is reserved primarily for assignment to Highway maintenance systems operated by states. The use of this frequency by other Highway maintenance licensees will be authorized only where such use is necessary to coordinate activities with the particular state to which the frequency is assigned. Any request for such use must be supported by a statement from the state concerned. ( 22 ) Notwithstanding the provisions of paragraph (d)(21) of this section, this frequency may be used by any licensees in the Public Safety Pool without a separate license for the purpose of operating self-powered vehicle detectors for traffic control and safety purposes, on a secondary basis, in accordance with § 90.269 . ( 23 ) Thus frequency is reserved for assignment only to national organizations eligible for disaster relief operations under paragraph (a)(2)(vii) of this section. ( 24 ) Assignment and use of frequencies in the band 72-76 MHz are governed by § 90.257 for operational-fixed stations and by § 90.241 for emergency call box operations. Specific frequencies are listed at § 90.257(a)(1) . ( 25 ) This frequency is available to Public Safety Pool licensees for fire call box operations on a shared basis in Industrial/Business Pool. All communications on this frequency must be conducted with persons or organizations charged with specific fire protection responsibility. All operations on this frequency are subject to the provisions of § 90.257(b) . ( 26 ) Assignment of frequencies in this band are subject to the provisions of § 90.173 . Licensees as of August 18, 1995 who operate systems in the 150-170 MHz band that are 2.5 kHz removed from regularly assignable frequencies may continue to operate on a secondary, non-interference basis after August 1, 2003. ( 27 ) This frequency will be assigned with an authorized bandwidth not to exceed 11.25 kHz. In the 450-470 MHz band, secondary telemetry operations pursuant to § 90.238(e) will be authorized on this frequency. ( 28 ) This frequency is not available for assignment in this service in Puerto Rico or the Virgin Islands. ( 29 ) This frequency is removed by 22.5 kHz from frequencies assigned to other radio services. Utilization of this frequency may result in, as well as be subject to, interference under certain operating conditions. In considering the use of this frequency, adjacent channel operations should be taken into consideration. If interference occurs, the licensee may be required to take the necessary steps to resolve the problem. See § 90.173(b) . ( 30 ) This frequency will be authorized a channel bandwidth of 25 kHz. ( 31 ) The maximum output power of any transmitter authorized to operate on this frequency shall not exceed 100 watts. Stations authorized prior to July 15, 1992 for fixed operations will be permitted to continue such operations, but at a maximum transmitter power output of 10 watts. ( 32 ) The maximum effective radiated power (ERP) may not exceed 20 watts for fixed stations and 2 watts for mobile stations. The height of the antenna system may not exceed 15.24 meters (50 ft.) above ground. All such operation is on a secondary basis to adjacent channel land mobile operations. ( 33 ) For FM transmitters, the sum of the highest modulating frequency in Hertz and the amount of the frequency deviation or swing in Hertz may not exceed 2800 Hz and the maximum deviation may not exceed 2.5 kHz. For AM transmitters, the highest modulation frequency may not exceed 2000 Hz. The carrier frequency must be maintained within .0005 percent of the center of the frequency band, and the authorized bandwidth may not exceed 6 kHz. ( 34 ) This frequency is available on a shared basis with the Industrial/Business Pool for remote control and telemetry operations. ( 35 ) Operational fixed stations must employ directional antennas having a front-to-back ratio of at least 20 dB. Omnidirectional antennas having unity gain may be employed for stations communicating with at least three receiving locations separated by 160 degrees of azimuth. ( 36 ) The maximum power output of the transmitter may not exceed 50 watts for fixed stations and 1 watt for mobile stations. A1A, A1D, A2B, A2D, F1B, F1D, F2D, G1B, G1D, G2B, or G2D emission may be authorized. ( 37 ) Use of this frequency is limited to stations located at least 120.7 km (75 miles) from the center of any urbanized area of 200,000 or more population (U.S. Census of Population 1970). Operation is on a secondary basis to licensees of the Industrial/Business Pool. ( 38 ) [Reserved] ( 39 ) In addition to other authorized uses, the use of F1B, F1D, F2B or F2D emission is permitted on this frequency for the operation of biomedical telemetry systems except in the following geographic locations: ( i ) New York, N.Y.-Northeastern New Jersey; Los Angeles-Long Beach, Calif.; Chicago, Ill.-Northwestern Indiana; Philadelphia, Pa.-N.J.; Detroit, Mich.; San Francisco-Oakland, Calif.; Boston, Mass.; Washington, D.C.-Md.-Va.; Cleveland, Ohio; St. Louis, Mo.-Ill.; Pittsburgh, Pa.; Minneapolis-St. Paul, Minn.; Houston, Tex.; Baltimore, Md.; Dallas, Tex.; Milwaukee, Wis.; Seattle-Everett, Wash.; Miami, Fla.; San Diego, Calif.; Atlanta, Ga.; Cincinnati, Ohio-Ky.; Kansas City, Mo.-Kans.; Buffalo, N.Y.; Denver, Colo.; San Jose, Calif.; New Orleans, La.; Phoenix, Ariz.; Portland, Oreg.-Wash.; Indianapolis, Ind.; Providence-Pawtucket-Warwick, R.I.-Mass.; Columbus, Ohio; San Antonio, Tex.; Louisville, Ky.-Ind.; Dayton, Ohio; Forth Worth, Tex.; Norfolk-Portsmouth, Va.; Memphis, Tenn.-Miss.; Sacramento, Calif.; Fort Lauderdale-Hollywood, Fla.; Rochester, N.Y.; Tampa-St. Petersburg, Fla; ( ii ) The continuous carrier mode of operation may be used for telemetry transmissions on this frequency for periods up to two-minutes duration; following which there must be a break in the carrier for at least a one-minute period; and ( iii ) Geographical coordinates for the above-listed urbanized areas may be found at Table 1 of § 90.635 . ( 40 ) This frequency may be designated by common consent as an intersystem mutual assistance frequency under an area-wide medical communications plan. ( 41 ) This frequency is available nationwide for use in police emergency communications networks operated under statewide law enforcement emergency communications plans. ( 42 ) This frequency may not be assigned within 161 km (100 miles) of New Orleans, La. (coordinates 29°56′53″ N and 90°04′10″ W). ( 43 ) [Reserved] ( 44 ) This frequency will be assigned with an authorized bandwidth not to exceed 6 kHz. ( 45 ) Operations on this frequency are limited to 30 watts transmitter output power. ( 46 ) This frequency is shared with the Industrial/Business Pool in Puerto Rico and the Virgin Islands. ( 47 ) This frequency may be assigned to stations in the Public Safety Pool in accordance with the provisions of § 90.265 . ( 48 ) Frequencies in this band will be assigned only for transmitting hydrological or meteorological data or for low power wireless microphones in accordance with the provisions of § 90.265 . ( 49 ) This frequency may be assigned only for forest firefighting and conservation activities in accordance with the provisions of § 90.265 . ( 50 ) - ( 51 ) [Reserved] ( 52 ) In addition to agencies responsible for forest fire prevention, detection, and suppression, this frequency may be assigned to conservation agencies which do not have forest fire responsibilities on a secondary basis to any U.S. Government stations, Provided, That such assignment is necessary to permit mobile relay operation by such agencies. ( 53 ) This frequency is subject to the provisions of paragraph (e)(6) of this section. ( 54 ) For FM transmitters, the sum of the highest modulating frequency in hertz and the amount of the frequency deviation or swing in hertz may not exceed 1700 Hz and the maximum deviation may not exceed 1.2 kHz. For AM transmitters, the highest modulating frequency may not exceed 1200 Hz. The carrier frequency must be maintained within .0005 percent of the center of the frequency band, and the authorized bandwidth may not exceed 3 kHz. ( 55 ) Subpart T of this part contains rules for assignment of frequencies in the 220-222 MHz band. ( 56 ) The frequencies available for use at fixed stations in this band and the requirements for assignment are set forth in § 90.261 . Operation on these frequencies is secondary to stations in the Industrial/Business Pool where they are assigned for land mobile operations. ( 57 ) This frequency is available for systems first licensed prior to August 18, 1995. No new systems will be authorized after August 18, 1995, but prior authorized systems may be modified, expanded, and renewed. ( 58 ) This frequency is available for systems first licensed prior to March 31, 1980, for radio call box communications related to safety on highways in accordance with the provisions of § 90.241(c) . No new systems will be authorized of this nature, but systems authorized prior to March 31, 1980 may be modified, expanded, and renewed. ( 59 ) The continuous carrier mode of operation may be used for telemetry transmission on this frequency. ( 60 ) Paging licensees as of March 20, 1991, may continue to operate on a primary basis until January 14, 1998. ( 61 ) Highway radio call box operations first licensed prior to March 31, 1980 on this frequency may continue to operate in accordance with paragraph (d)(58) of this section. ( 62 ) This frequency is also authorized for use by biomedical telemetry stations. F1B, F1D, F2B, F2D, F3E, G1B, G1D, G2B, G2D, and G3E emissions may be authorized for biomedical transmissions. ( 63 ) Available for medical services mobile operations in the Public Safety Pool in accordance with paragraph (d)(61) of this section. ( 64 ) Use of this frequency is on a secondary basis, limited to 2 watts output power and subject to the provisions of 90.267(h)(1), (h)(2), (h)(3), and (h)(4). ( 65 ) This frequency is primarily authorized for use in the dispatch of medical care vehicles and personnel for the rendition or delivery of medical services. This frequency may also be assigned for intra-system and inter-system mutual assistance purposes. For uniformity in usage these frequency pairs may be referred to by channel name as follows: Frequencies base and mobile (megahertz) Mobile only (MHz) Channel name 462.950 467.950 MED-9 462.95625 467.95625 MED-91 462.9625 467.9625 MED-92 462.96875 467.96875 MED-93 462.975 467.975 MED-10 462.98125 467.98125 MED-101 462.9875 467.9875 MED-102 462.99375 467.99375 MED-103 ( 66 ) For applications for new radio systems, the thirty-two frequency pairs listed in paragraph (d)(66)(i) of this section will be assigned in a block for shared operation under § 90.20(a)(1)(iii) or § 90.20(a)(2)(xiii) subject to the following: ( i ) For uniformity in usage, these frequency pairs may be referred to by channel name as follows: Frequencies base and mobile (megahertz) Mobile only (MHz) Channel name 463.000 468.000 MED-1 463.00625 468.00625 MED-11 463.0125 468.0125 MED-12 463.01875 468.01875 MED-13 463.025 468.025 MED-2 463.03125 468.03125 MED-21 463.0375 468.0375 MED-22 463.04375 468.04375 MED-23 463.050 468.050 MED-3 463.05625 468.05625 MED-31 463.0625 468.0625 MED-32 463.06875 468.06875 MED-33 463.075 468.075 MED-4 463.08125 468.08125 MED-41 463.0875 468.0875 MED-42 463.09375 468.09375 MED-43 463.100 468.100 MED-5 463.10625 468.10625 MED-51 463.1125 468.1125 MED-52 463.11875 468.11875 MED-53 463.125 468.125 MED-6 463.13125 468.13125 MED-61 463.1375 468.1375 MED-62 463.14375 468.14375 MED-63 463.150 468.150 MED-7 463.15625 468.15625 MED-71 463.1625 468.1625 MED-72 463.16875 468.16875 MED-73 463.175 468.175 MED-8 463.18125 468.18125 MED-81 463.1875 468.1875 MED-82 463.19375 468.19375 MED-83 ( ii ) Except as provided in paragraphs (d)(66)(iv) and (v) of this section, mobile or portable stations licensed prior to July 6, 2000, must employ equipment that is both wired and equipped to transmit/receive, respectively, on each of the following MED frequency pairs with transmitters operated on the 468 MHz frequencies: MED-1, MED-2, MED-3, MED-4, MED-5, MED-6, MED-7, and MED-8. ( iii ) Except as provided in paragraphs (d)(66)(v) and (vi) of this section, mobile or portable stations licensed on or after July 6, 2000, must employ equipment that is both wired and equipped to transmit/receive, respectively, on each of the following MED frequency pairs with transmitters operated on the 468 MHz frequencies: MED-1, MED-12, MED-2, MED-22, MED-3, MED-32, MED-4, MED-42, MED-5, MED-52, MED-6 MED-62, MED-7, MED-72, MED-8, and MED-82. ( iv ) Except as provided in paragraphs (d)(66)(v) and (vi) of this section, mobile or portable stations licensed on or after January 1, 2006, must employ equipment that is both wired and equipped to transmit/receive, respectively, on each of these MED frequency pairs with transmitters operated on the 468 MHz frequencies. ( v ) Portable (hand-held) units operated with a maximum output power of 2.5 watts are exempted from the multi-channel equipment requirements specified in paragraphs (d)(66)(ii) , (d)(66)(iii) , and (d)(66)(iv) of this section. ( vi ) Stations located in areas above line A, as defined in § 90.7 will be required to meet multi-channel equipment requirements only for those frequencies up to the number specified in paragraphs (d)(66)(ii) , (d)(66)(iii) , and (d)(66)(iv) of this section that have been assigned and coordinates with Canada in accordance with the applicable U.S.-Canada agreement. ( 67 ) This frequency is authorized for use only for operations in biomedical telemetry stations. F1B, F1D, F2B, F2D, F3E, G1B, G1D, G2B, G2D and G3E emissions may be authorized. Entities eligible in the Public Safety Pool may use this frequency on a secondary basis for any other permissible communications consistent with § 90.20(a)(1)(iii) or § 90.20(a)(2)(xiii) . ( 68 ) Subpart L of this part contains rules for assignment of frequencies in the 470-512 MHz band. ( 69 ) Subpart S of this part contains rules for assignment of frequencies in the 806-817 MHz and 851-862 MHz bands. ( 70 ) Assignment of frequencies above 928 MHz for operational-fixed stations is governed by part 101 of this chapter . ( 71 ) Frequencies in this band are available only for one-way paging operations in accordance with § 90.494 . ( 72 ) This frequency band is available to stations in this service subject to the provisions of § 90.259 . ( 73 ) Available only on a shared basis with stations in other services, and subject to no protection from interference due to the operation of industrial, scientific, or medical (ISM) devices. In the band 2483.5-2500 MHz, no applications for new stations or modification to existing stations to increase the number of transmitters will be accepted. Existing licensees as of July 25, 1985, and licensees whose initial applications were filed on or before July 25, 1985, are grandfathered and their operations are on a co-primary basis with the mobile-satellite and radiodetermination-satellite services, and in the segment 2495-2500 MHz, their operations are also on a co-primary basis with part 27 fixed and mobile except aeronautical mobile service operations. ( 74 ) This band is available for Digital Termination Systems and for associated internodal links in the Point-to-Point Microwave Radio Service. No new licenses will be issued under this subpart but current licenses will be renewed. ( 75 ) Appropriate frequencies in the band 2000-3000 kHz which are designated in part 80 of this chapter as available to Public Ship Stations for telephone communications with Public Coast Stations may be assigned on a secondary basis to fixed Stations in the Public Safety Pool for communication with Public Coast Stations only, provided such stations are located in the United States and the following conditions are met: ( i ) That such fixed station is established pursuant to the eligibility provisions of ( § 90.47 ) and that the isolated area involved is an island or other location not more than 480 km (300 statute miles) removed from the desired; ( ii ) That evidence is submitted showing that an arrangement has been made with the coast station licensee for the handling of emergency communications permitted by § 80.453 of this chapter and § 90.20(a)(2)(x)(C) ; and ( iii ) That operation of the Public Safety fixed station shall at no time conflict with any provision of part 80 of this chapter and further, that such operation in general shall conform to the practices employed by Public Ship Stations for radiotelephone communication with the same Public Coast Station. ( 76 ) This frequency is authorized only for communications between medical facilities vehicles and personnel related to medical supervision and instruction for the treatment and transport of patients in the rendition or delivery of medical services. F1B, F1D, F2B, F2D, G1B, G1D, G2B, F3E and G3E emissions are authorized. Public Safety entities may use this frequency on a secondary basis for any other permissible communications consistent with § 90.20(a)(1)(iii) or § 90.20(a)(2)(xiii) . ( 77 ) Subpart R of this part contains rules for assignment of channels in the 758-775 MHz and 788-805 MHz bands. ( 78 ) Paging operations are not permitted on this frequency. ( 79 ) This frequency will be secondary to marine port operations within 161 km (100 miles) of Los Angeles, Calif. (coordinates 34°03′15″ N and 118°14′28″ W). ( 80 ) After December 7, 2000 this frequency is available primarily for public safety interoperability only communications. Stations licensed prior to December 7, 2000 may continue to use this frequency on a co-primary basis until January 1, 2005. After January 1, 2005, all operations will be secondary to co-channel interoperability communications. Analog FM emission shall exclusively be used for operation on the VHF and UHF interoperability channels. ( 81 ) After December 7, 2000 new stations will only be licensed with an authorized bandwidth not to exceed 1125 kHz. Licensees authorized prior to December 7, 2000 may continue to use bandwidths wider that 1125 kHz on a co-primary basis until January 1, 2005. After January 1, 2005, all stations operating with an authorized bandwidth greater than 11.25 kHz will be secondary to adjacent channel interoperability operations. ( 82 ) This frequency is reserved for assignment only in support of, and on a secondary basis to, nationwide interoperability use. ( 83 ) This interoperability frequency is dedicated for the express purpose of nationwide interoperability calling. ( 84 ) Operation on this frequency is subject to the low power provisions of § 90.267 . This frequency is assigned to the Public Safety Group in the low power pool. ( 85 ) Subpart Y of this part contains rules for assignment of frequencies in the 4940-4990 MHz band. ( 86 ) Subpart M of this part contains rules for assignment of frequencies in the 5850-5925 MHz band. ( 87 ) The use the frequencies 150.775 MHz and 150.790 MHz are limited to a transmitter output power of 100 watts Effective Radiated Power (ERP) as of May 27, 2005. ( 88 ) Use of this frequency is limited to stations licensed as of May 27, 2005. ( 89 ) As of March 25, 2007, the FCC will cease to issue licenses for new stations in the fixed and mobile services in the following bands: 5900-5950 kHz, 7300-7350 kHz and 9400-9500 kHz. As of March 29, 2009, the FCC will cease to issue licenses for new stations in the fixed and mobile services in the band 7350-7400 kHz and, in the U.S. Pacific insular areas in Region 3, the band 7400-7450 kHz. Stations licensed as of March 25, 2007 in the bands 5900-5950 kHz, 7300-7350 kHz and 9400-9500 kHz and as of March 29, 2009 for the band 7350-7400 kHz in Region 2 and the band 7350-7450 kHz in Region 3 shall: (1) Be limited to communications only within the United States and its insular areas; (2) Not cause harmful interference to the broadcasting service; (3) Be limited to the minimum power needed to achieve communications; and (4) Take account of the seasonal use of frequencies by the broadcasting service published in accordance with Article 12 of the ITU Radio Regulations. ( 90 ) The maximum effective radiated power (ERP) may not exceed 2 watts for mobile stations, and 5 watts for mobile repeater stations and hand-carried transmitters that communicate directly with mobile repeater stations. ( 91 ) This frequency is available on a shared basis both for remote control and telemetry operations and for mobile repeater operations. The authorized bandwidth may not exceed 11.25 kHz. ( 92 ) This frequency is available on a shared basis with the Industrial/Business Pool for remote control and telemetry operations. Licensees seeking primary status for the use of this frequency for mobile repeater stations and hand-carried transmitters that communicate directly with mobile repeater stations must describe the area of normal day-to-day operations either in terms of operation in a specific county or in the terms of maximum distance from a geographic center (latitude and longitude) and shall be subject to the frequency coordination requirements of § 90.175 . ( 93 ) Mobile repeaters operating on this frequency are subject to a channel loading requirement of 50 transmitter-receivers. Loading standards will be applied in terms of the number of units actually in use or to be placed in use within 8 months following authorization. A licensee will be required to show that an assigned frequency is at full capacity before it may be assigned a second or additional frequency. Channel capacity may be reached either by the requirements of a single licensee or by several users sharing a channel. Until a channel is loaded to capacity it will be available for assignment to other users in the same area. ( e ) Additional frequencies available. In addition to the frequencies shown in the frequency table of this section, the following frequencies are available in this service. (See also § 90.253 .) ( 1 ) Substitution of frequencies available below 25 MHz may be made in accordance with the provisions of § 90.263 . ( 2 ) Frequencies in the band 73.0-74.6 MHz may be assigned to stations authorized their use on or before December 1, 1961, but no new stations will be authorized in this band, nor will expansion of existing systems be permitted. See also § 90.257 . ( 3 ) [Reserved] ( 4 ) Frequencies in the 421-430 MHz band are available in the Detroit, Mich., Cleveland, Ohio and Buffalo, N.Y. areas in accordance with the rules in §§ 90.273 through 90.281 . ( 5 ) A Police licensee may use transmitters on the frequencies indicated below in connection with official police activities without specific authorization from the Commission, provided that such use shall be on a secondary basis and shall not cause harmful interference to services of other licensees operating on regularly assigned frequencies, and further provided that all such use complies with the requirements of Federal, State and local laws. The provisions of § 90.429 shall not apply to transmitters authorized under this paragraph. To be eligible for operations in this manner, the transmitter must comply with all of the following requirements. ( i ) In accordance with §§ 90.203 and 2.803 of this chapter , the transmitter must be of a type which has been certificated by the Commission. ( ii ) The carrier frequency shall be within the bands listed below and must be maintained within 0.005 percent of the frequency of operation. Use on assigned channel center frequencies is not required. 30.85-30.87 MHz 30.89-30.91 MHz 30.93-30.95 MHz 30.97-30.99 MHz 31.01-31.03 MHz 31.05-31.07 MHz 31.09-31.11 MHz 31.13-31.15 MHz 31.17-31.19 MHz 31.21-31.23 MHz 31.25-31.27 MHz 31.29-31.31 MHz 31.33-31.35 MHz 31.37-31.39 MHz 31.41-31.43 MHz 31.45-31.47 MHz 31.49-31.51 MHz 31.53-31.55 MHz 31.57-31.59 MHz 31.61-31.63 MHz 31.65-31.67 MHz 31.69-31.71 MHz 31.73-31.75 MHz 31.77-31.79 MHz 31.81-31.83 MHz 31.85-31.87 MHz 31.89-31.91 MHz 31.93-31.95 MHz 31.97-32.00 MHz 33.00-33.03 MHz 33.05-33.07 MHz 33.41-34.00 MHz 37.00-37.43 MHz 37.89-38.00 MHz 39.00-40.00 MHz 42.00-42.91 MHz 44.61-45.91 MHz 45.93-45.95 MHz 45.97-45.99 MHz 46.01-46.03 MHz 46.05-46.60 MHz 47.00-47.41 MHz 150.995-151.490 MHz 153.740-154.445 MHz 154.635-155.195 MHz 155.415-156.250 MHz 158.715-159.465 MHz 453.0125-453.9875 MHz 458.0125-458.9875 MHz 460.0125-460.5125 MHz 460.5625-460.6375 MHz 462.9375-462.9875 MHz 465.0125-465.5125 MHz 465.5625-465.6375 MHz 467.9375-467.9875 MHz ( iii ) The emitted signal shall be non-voice modulation (type PO emission). ( iv ) The maximum occupied bandwidth, containing 99 percent of the radiated power, shall not exceed 2.0 kHz. ( v ) The transmitter output power shall not exceed a mean power of 30 mW nor shall any peak exceed 1 watt peak power, as measured into a 50 ohm resistive load. Should the transmitter be supplied with a permanently attached antenna or should the transmitter and antenna combination be contained in a sealed unit, the following standard may be used in lieu of the above: the field strength of the fundamental signal of the transmitter and antenna combination shall not exceed 0.4 V/m mean or 2.3 V/m peak when measured at a distance of 3 meters. ( vi ) The transmitter shall contain positive means to limit the transmission time to no more than 10 days. In the event of a malfunction of this positive means, the transmitter signal shall cease. The use of battery life to accomplish the transmission time limitation is permissible. ( 6 ) The frequency 173.075 MHz is available for stolen vehicle recovery systems on a shared basis with Federal stations in the fixed and mobile services. ( i ) Stolen vehicle recovery systems are limited to tracking and recovering vehicles, cargo, and hazardous materials that have been reported stolen or missing; missing or wanted persons; and individuals at risk, or individuals of interest to law enforcement, only when established boundaries are violated. Stolen vehicle recovery systems are not authorized for general purpose tracking or monitoring. Mobile units may also transmit automatic collision notifications, vehicle fire notifications, and carjacking alerts. ( ii ) Any type of emission may be used within a maximum authorized bandwidth of 12.5 kHz, except that stations that operate as part of a stolen vehicle recovery system that was authorized and in operation prior to May 27, 2005 may operate with a maximum authorized bandwidth of 20 kHz until May 27, 2019. For a complete listing of emission symbols allowable under this part, see § 2.201 of this chapter . ( iii ) Mobile transmitters operating on this frequency with emissions authorized in a maximum bandwidth of 12.5 kHz are limited to 5.0 watts power output. Mobile transmitters operating on this frequency with emissions authorized in a maximum bandwidth of 20 kHz are limited to 2.5 watts power output. ( iv ) Base station transmitters operating on this frequency with emissions authorized in a maximum bandwidth of 12.5 kHz are limited to 300 watts ERP before February 18, 2009, and 500 watts ERP thereafter. Base station transmitters operating on this frequency with emissions authorized in a maximum bandwidth of 20 kHz are limited to 300 watts ERP. ( v ) Transmissions from mobiles shall be limited to 400 milliseconds for every 10 seconds, except when a vehicle is being tracked actively transmissions are limited to 400 milliseconds for every second. Alternatively, transmissions from mobiles shall be limited to 7200 milliseconds for every 300 seconds with a maximum of six such messages in any 30 minute period. ( vi ) Transmissions from base stations shall be limited to a total rate of five seconds every minute. ( vii ) Any entity eligible to hold authorizations in the Public Safety Pool in accordance with §§ 90.20(a) and 90.111 of this chapter is authorized by this rule to operate mobile transmitters on this frequency. No license will be issued for mobile transmitters. ( viii ) Applications for base stations operating on this frequency shall require coordination with the Federal Government. Applicants shall perform an analysis for each base station that is located within 169 km (105 miles) of a TV Channel 7 transmitter of potential interference to TV Channel 7 viewers. Applicants shall serve a copy of the analysis to the licensee of the affected TV Channel 7 transmitter upon filing the application with the Commission. Such base stations will be authorized if the applicant has limited the interference contour to include fewer than 100 residences or if the applicant: ( A ) Shows that the proposed site is the only suitable location (which, at the application stage, requires a showing that the proposed site is especially well-suited to provide the proposed service); ( B ) Develops a plan to control any interference caused to TV reception from operations; and ( C ) Agrees to make such adjustments in the TV receivers affected as may be necessary to eliminate interference caused by its operations. ( ix ) The licensee must eliminate any interference caused by its operation to TV Channel 7 reception within 30 days after notification in writing by the Commission. If this interference is not removed within this 30-day period, operation of the base station must be discontinued. The licensee is expected to help resolve all complaints of interference. ( 7 ) Frequencies governed by § 90.35(c)(17) . ( f ) Limitation on number of frequencies assignable. Normally only two frequencies or pairs of frequencies in the paired frequency mode of operation will be assigned for mobile service operations by a single applicant in a given area. The assignment of an additional frequency or pair of frequencies will be made only upon a satisfactory showing of need, except that: ( 1 ) Additional frequencies above 25 MHz may be assigned in connection with the operation of mobile repeaters in accordance with § 90.247 notwithstanding this limitation; ( 2 ) The frequency 39.06 MHz may be assigned notwithstanding this limitation; ( 3 ) Frequencies in the 25-50 MHz, 150-170 MHz, 450-512 MHz and 902-928 MHz bands may be assigned for the operation of Location and Monitoring Service (LMS) systems in accordance with the provisions of subpart M of this part , notwithstanding this limitation; ( 4 ) A licensee of a radio station in this service may operate radio units for the purpose of determining distance, direction, speed, or position by means of a radiolocation device on any frequency available for radiolocation purposes without additional authorization from the Commission, provided type accepted equipment or equipment authorized pursuant to § 90.203(b)(4) and (b)(5) of this part is used, and all other rule provisions are satisfied. A licensee in this service may also operate, subject to all of the foregoing conditions and on a secondary basis, radio units at fixed locations and in emergency vehicles that transmit on the frequency 24.10 GHz, both unmodulated continuous wave radio signals and modulated FM digital signals for the purpose of alerting motorists to hazardous driving conditions or the presence of an emergency vehicle. Unattended and continuous operation of such transmitters will be permitted. ( 5 ) A Police licensee may use, without special authorization from the Commission, any mobile service frequency between 40 and 952 MHz, listed in paragraph (c)(3) of this section, for communications in connection with physical surveillance, stakeouts, raids, and other such activities. Such use shall be on a secondary basis to operations of licensees regularly authorized on the assigned frequencies. The maximum output power that may be used for such communications is 2 watts. Transmitters, operating under this provision of the rules, shall be exempted from the station identification requirements of § 90.425 . Use of frequencies not designated by a “PP” in the coordinator column of the frequency table in paragraph (c)(3) of this section, is conditional on the approval of the coordinator corresponding to each frequency. Spread spectrum transmitters may be operated on Public Safety Pool frequencies between 37 and 952 MHz, providing that they are certificated by the Commission under the provisions of § 2.803 of this chapter and § 90.203 , and meet the following conditions: ( i ) Frequency hopping transmitters can be operated, with a maximum output power of 2 watts, on any Public Safety Pool frequency between 37 and 952 MHz listed in paragraph (c)(3) of this section. At least 20 hopping frequencies shall be used and the average time of occupancy on any frequency shall not be greater than 1 ⁄ 10 second in every 2 seconds; ( ii ) Use of spread spectrum transmitters under paragraph (f)(4) of this section is subject to approval by the applicable frequency coordinator of the radio services of the district in which the license and equipment are to be used; and ( iii ) The use of direct sequence spread spectrum equipment is also permitted. Equipment must meet the technical standards of § 15.247 of this chapter . ( 6 ) In addition to the frequencies assigned for mobile service operation, one base station frequency above 152 MHz may be assigned as a common frequency to all licensees in a particular area to permit intersystem communication between base stations or mobile stations or both. This frequency use will not be authorized in any area where all available frequencies are required for independent systems. ( 7 ) A licensee may use, without a specific authorization from the Commission, transmitters on the frequencies indicated below in connection with wildlife tracking and/or telemetry and in connection with official forestry-conservation activities, provided that such use shall be on a secondary basis and shall not cause harmful interference to services of other licensees operating on regularly assigned frequencies. The provisions of §§ 90.203 , 90.425 , and 90.429 shall not apply to transmitters complying with this paragraph. To be eligible for operations in this manner, the transmitter must comply with all of the following requirements. ( i ) The carrier frequency shall be within the bands listed below. The carrier frequency must be maintained within 0.005 percent of the frequency of operation. Use on assigned channel center frequencies is not required. (MHz) 31.17 to 31.19 31.21 to 31.23 31.25 to 31.27 31.29 to 31.31 31.33 to 31.35 31.37 to 31.39 31.41 to 31.43 31.45 to 31.47 31.49 to 31.51 31.53 to 31.55 31.57 to 31.59 31.61 to 31.63 31.65 to 31.67 31.69 to 31.71 31.73 to 31.75 31.77 to 31.79 31.81 to 31.83 31.85 to 31.87 31.89 to 31.91 31.93 to 31.95 31.97 to 31.99 44.63 to 44.65 44.67 to 44.69 44.71 to 44.73 44.75 to 44.77 44.79 to 44.81 44.83 to 44.85 44.87 to 44.89 44.91 to 44.93 44.95 to 44.97 44.99 to 45.01 45.03 to 45.05 151.145 to 151.475 159.225 to 159.465 ( ii ) The emitted signal shall be non-voice modulation (A1D, A2D, F1D, or F2D emission). ( iii ) The maximum occupied bandwidth, containing 99 percent of the radiated power, shall not exceed 0.25 kHz. ( iv ) The transmitter output power shall not exceed a mean power of 5 mW nor shall any peak exceed 100 mW peak power, as measured into a permanently attached antenna; or if the transmitter and antenna combination are contained in a sealed unit, the field strength of the fundamental signal of the transmitter and antenna combination shall not exceed 0.29 V/m mean or 1.28 V/m peak when measured at a distance of 3 meters. ( v ) The requirements of § 90.175 regarding frequency coordination apply. ( 8 ) An additional frequency may be assigned for paging operations from those frequencies available under paragraph (d)(13) of this section. ( 9 ) The frequency 155.340 MHz may be assigned as an additional frequency when it is designated as a mutual assistance frequency as provided in paragraph (d)(40) of this section. ( 10 ) Additional frequencies may be assigned for fixed station operations. ( 11 ) The assignment of an additional frequency or frequencies may be authorized notwithstanding this limitation for common, intra-county, intra-fire-district, or intrastate fire coordination operations. The frequency or frequencies requested must be in accordance with a frequency utilization plan, for the area involved, on file with the Commission. ( g ) Former public correspondence working channel in the maritime VHF (156-162 MHz) band allocated for public safety use in 33 inland Economic Areas. ( 1 ) We define service areas in the marine VHF (156-162 MHz) band by forty-two geographic areas called VHF Public Coast Service Areas (VPCSAs). See § 80.371(c)(1)(ii) of this chapter (Public correspondence frequencies). VPCSAs are based on, and composed of one or more of, the U.S. Department of Commerce's 172 Economic Areas (EAs). See 60 Fed Reg. 13114 (Mar. 10, 1995). Maps of the EAs and VPCSAs are available for inspection through the Federal Communications Commission's Reference Information Center. These maps and data are also available on the FCC website at https://www.fcc.gov/oet/info/maps/areas/ . We number public correspondence channels in the maritime VHF (156-162 MHz) band as channels 24 to 28 and channels 84 to 88. Each channel number represents a channel pair. See § 80.371(c) of this chapter . ( 2 ) In VHF Public Coast Service Areas (VPCSAs) 10-42, the duplex channel pair 157.250 MHz/161.850 MHz (VHF Maritime Channel 25) is allocated for public safety use by entities eligible for licensing under paragraph (a) of this section, and is designated primarily for the purpose of interoperability communications. See 47 CFR 80.371(c)(1)(ii) for the definitions of VPCSAs. ( i ) The channel pair 157.250 MHz/161.850 MHz was formerly allocated and assigned (under § 80.371(c) (1997) of this chapter) as a public correspondence working channel in the maritime VHF 156-162 MHz band, and was also shared (under former § 90.283 (1997) of this chapter) with private land mobile stations, including grandfathered public safety licensees. Thus, there are grandfathered licensees nationwide (maritime and private land mobile radio stations, including by rule waiver) operating on this channel both inside and outside of VPCSAs 10-42. ( ii ) The channel pairs 157.225 MHz/161.825 MHz and 157.275 MHz/161.875 MHz were formerly allocated and assigned under this section as public safety interoperability channels but were reallocated for assignment as VHF public coast station channels under § 80.371(c) of this chapter . Public safety operations licensed on these channels as of March 2, 2009 or licensed pursuant to an application filed prior to September 19, 2008, may remain authorized to operate on the channels on a primary basis until March 2, 2024. ( 3 ) All applicants and licensees under this paragraph must comply with the relevant technical sections under this part unless otherwise stated in this paragraph (g) of this section using the following standards and procedures: ( i ) Provide evidence of frequency coordination in accordance with § 90.175 . Public safety coordinators except the Special Emergency Coordinator are certified to coordinate applications for the channel pair 157.250 MHz/161.850 MHz ( i.e. , letter symbol PX under paragraph (c)(2) of this section). ( ii ) Station power, as measured at the output terminals of the transmitter, must not exceed 50 Watts for base stations and 20 Watts for mobile stations, except in accordance with the provisions of paragraph (g)(3)(vi) of this section. Antenna height (HAAT) must not exceed 122 meters (400 feet) for base stations and 4.5 meters (15 feet) for mobile stations, except in accordance with paragraph (g)(3)(vi) of this section. Antenna height (HAAT) must not exceed 122 meters (400 feet) for base stations and 4.5 meters (15 feet) for mobile stations, except in accordance with paragraph (g)(3)(vi) of this section. Such base and mobile channels shall not be operated on board aircraft in flight. ( iii ) Frequency protection must be provided to other stations in accordance with the following guidelines for each channel and for each area and adjacent area: ( A ) Protect coast stations licensed prior to July 6, 1998, by the required separations shown in Table C below. ( B ) Protect stations described in paragraph (g)(2)(i) of this section, by frequency coordination in accordance § 90.175 of this part . ( C ) Protect public safety stations granted under paragraph (g) of this section by frequency coordination in accordance with § 90.175 of this part . ( D ) Where the Public safety designated channel is not a Public safety designated channel in an adjacent VPCSA: Applicants shall engineer base stations such that the maximum signal strength at the boundary of the adjacent VPCSA does not exceed 5dBµV/m. ( iv ) The following table, along with the antenna height (HAAT) and power (ERP), must be used to determine the minimum separation required between proposed base stations and co-channel public coast stations licensed prior to July 6, 1998 under part 80 of this chapter . Applicants whose exact ERP or HAAT are not reflected in the table must use the next highest figure shown. Table C—Required Separation in Kilometers (Miles) of Base Station From Public Coast Stations Base Station Characteristics HAAT ERP (watts) Meters (feet) 400 300 200 100 50 15 (50) 138 (86) 135 (84) 129 (80) 129 (80) 116 (72) 30 (100) 154 (96) 151 (94) 145 (90) 137 (85) 130 (81) 61 (200) 166 (103) 167 (104) 161 (100) 153 (95) 145 (90) 122 (400) 187 (116) 177 (110) 183 (114) 169 (105) 159 (99) ( v ) In the event of interference, the Commission may require, without a hearing, licensees of base stations authorized under this section that are located within 241 kilometers (150 miles) of a co-channel public coast, I/LT, or grandfathered public safety station licensed prior to July 6, 1998, or an international border, to reduce power, decrease antenna height, and/or install directional antennas. Mobile stations must be operated only within radio range of their associated base station. ( vi ) Applicants seeking to be licensed for stations exceeding the power/antenna height limits of the table in paragraph (g)(3)(iv) of this section must request a waiver of that paragraph and must submit with their application an interference analysis, based upon an appropriate, generally-accepted terrain-based propagation model, that shows that co-channel protected entities, described in paragraph (g)(3)(iii) of this section, would receive the same or greater interference protection than the relevant criteria outlined in paragraph (g)(3)(iii) of this section. ( h ) Spectrum leasing arrangements. Notwithstanding any other provisions of this section to the contrary, licensees in the Public Safety Radio Services ( see part 90, subpart B) may enter into spectrum leasing arrangements ( see part 1, subpart X of this chapter ) with entities providing communications in support of public safety operations. ( i ) Nationwide interoperability channels. The nationwide interoperability and mutual aid channels are listed below for the VHF, (including 220-222 MHz), UHF, 700 MHz and 800 MHz bands. (See §§ 90.20(d)(80) , 90.531(b)(1) , 90.617(a)(1) and 90.720 ). Any Part 90 public safety eligible entity holding a Part 90 license may operate hand-held and vehicular mobile units on these channels without needing a separate authorization. Base stations or control stations operating on these channels must be licensed separately: Encryption may not be used on any of the interoperability or mutual aid calling channels. VHF interoperability channel (MHz) Purpose 151.1375 MHz (base/mobile) Tactical. 154.4525 MHz (base/mobile) Tactical. 155.7525 MHz (base/mobile) Calling. 158.7375 MHz (base/mobile) Tactical. 159.4725 MHz (base/mobile) Tactical. VHF mutual aid channel (MHz) Purpose 220.8025 MHz (base/mobile) Tactical. 220.8075 MHz (base/mobile) Tactical. 220.8125 MHz (base/mobile) Tactical. 220.8175 MHz (base/mobile) Tactical. 220.8225 MHz (base/mobile) Tactical. 220.8275 MHz (base/mobile) Tactical. 220.8325 MHz (base/mobile) Tactical. 220.8375 MHz (base/mobile) Tactical. 220.8425 MHz (base/mobile) Tactical. 220.8475 MHz (base/mobile) Tactical. UHF interoperability channel (MHz) Purpose 453.2125 MHz (base/mobile) Calling. 458.2125 MHz (mobile) 453.4625 MHz (base/mobile) Tactical. 458.4625 MHz (mobile) 453.7125 MHz (base/mobile) Tactical. 458.7125 MHz (mobile) 453.8625 MHz (base/mobile) Tactical. 458.8625 MHz (mobile) 700 MHz interoperability channel (MHz) Purpose 769.14375 MHz (base/mobile) Tactical. 799.14375 MHz (mobile) 769.24375 MHz (base/mobile) Calling. 799.24375 MHz (mobile) 769.39375 MHz (base/mobile) Tactical. 769.39375 MHz (mobile) 769.49375 MHz (base/mobile) Tactical. 799.49375 MHz (mobile) 769.64375 MHz (base/mobile) Tactical. 799.64375 MHz (mobile) 769.74375 MHz (base/mobile) Tactical. 799.74375 MHz (mobile) 769.99375 MHz (base/mobile) Tactical. 799.99375 MHz (mobile) 770.14375 MHz (base/mobile) Tactical. 800.14375 MHz (mobile) 770.24375 MHz (base/mobile) Tactical. 800.24375 MHz (mobile) 770.39375 MHz (base/mobile) Tactical. 800.39375 MHz (mobile) 770.49375 MHz (base/mobile) Tactical. 800.49375 MHz (mobile) 770.64375 MHz (base/mobile) Tactical. 800.64375 MHz (mobile) 770.89375 MHz (base/mobile) Tactical. 800.89375 MHz (mobile) 770.99375 MHz (base/mobile) Tactical. 800.99375 MHz (mobile) 773.00625 MHz (base/mobile) Tactical. 803.00625 MHz (mobile) 773.10625 MHz (base/mobile) Tactical. 803.10625 MHz (mobile) 773.25625 MHz (base/mobile) Calling. 803.25625 MHz (mobile) 773.35625 MHz (base/mobile) Tactical. 803.35625 MHz (mobile) 773.50625 MHz (base/mobile) Tactical. 803.50625 MHz (mobile) 773.60625 MHz (base/mobile) Tactical. 803.60625 MHz (mobile) 773.75625 MHz (base/mobile) Tactical. 803.75625 MHz (mobile) 773.85625 MHz (base/mobile) Tactical. 803.85625 MHz (mobile) 774.00625 MHz (base/mobile) Tactical. 804.00625 MHz (mobile) 774.10625 MHz (base/mobile) Tactical. 804.10625 MHz (mobile) 774.25625 MHz (base/mobile) Tactical. 804.25625 MHz (mobile) 774.35625 MHz (base/mobile) Tactical. 804.35625 MHz (mobile) 774.50625 MHz (base/mobile) Tactical. 804.50625 MHz (mobile) 774.60625 MHz (base/mobile) Tactical. 804.60625 MHz (mobile) 774.85625 MHz (base/mobile) Tactical. 804.85625 MHz (mobile) 800 MHz mutual aid channel (MHz) Purpose 851.0125 MHz (base/mobile) Calling. 806.0125 MHz (mobile) 851.5125 MHz (base/mobile) Tactical. 806.5125 MHz (mobile) 852.0125 MHz (base/mobile) Tactical. 807.0125 MHz (mobile) 852.5125 MHz (base/mobile) Tactical. 807.0125 MHz (mobile) 853.0125 MHz (base/mobile) Tactical. 808.0125 MHz (mobile) [ 62 FR 18845 , Apr. 17, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 90.20 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 90.22 Paging operations. Unless specified elsewhere in this part, paging operations may be authorized in the Public Safety Pool on any frequency except those assigned under the provisions of § 90.20(d)(78) . Paging operations on frequencies subject to § 90.20(d)(78) authorized before August 17, 1974, may be continued only if they do not cause harmful interference to regular operations on the same frequencies. Such paging operations may be renewed indefinitely on a secondary basis to regular operations, except within 125 km (75 mi) of the following urbanized areas: Urbanized area North latitude West longitude New York, NY-Northeastern NJ 40-45-06.4 73-59-37.5 Los Angeles-Long Beach, CA 34-03-15.0 118-14-31.3 Chicago, IL 41-52-28.1 87-38-22.2 Philadelphia, PA-NJ 39-56-58.4 75-09-19.6 Detroit, MI 42-19-48.1 83-02-56.7 San Francisco-Oakland, CA 37-46-38.7 122-24-43.9 Boston, MA 42-21-24.4 71-03-23.2 Washington, DC-MD-VA 38-53-51.4 77-00-31.9 Cleveland, OH 41-29-51.2 81-41-49.5 St Louis, MO-IL 38-37-45.2 90-12-22.4 Pittsburgh, PA 40-26-19.2 79-59-59.2 Minneapolis-St Paul, MN 44-58-56.9 93-15-43.8 Houston, TX 29-45-26.8 95-21-37.8 Baltimore, MD 39-17-26.4 76-36-43.9 Dallas, TX 32-47-09.5 96-47-38.0 Milwaukee, WI 43-02-19.0 87-54-15.3 Seattle-Everett, WA 47-36-31.4 122-20-16.5 Miami, FL 25-46-38.4 80-11-31.2 San Diego, CA 32-42-53.2 117-09-24.1 Atlanta, GA 33-45-10.4 84-23-36.7 Cincinnati, OH-KY 39-06-7.2 84-30-34.8 Kansas City, MO-KS 39-04-56.0 94-35-20.8 Buffalo, NY 42-52-52.2 78-52-20.1 Denver, CO 39-44-58.0 104-59-23.9 [ 63 FR 68959 , Dec. 14, 1998, as amended at 64 FR 36262 , July 6, 1999; 65 FR 60874 , Oct. 13, 2000] § 90.25 Non-Federal use of the Federal interoperability channels. The Commission may authorize non-Federal licensees to operate mobile and portable radio units on the frequencies listed below in Tables 1 and 2, provided the applicant includes with its application to the Commission, written concurrence from the Statewide Interoperability Coordinator (SWIC) or state appointed official stating that the application conforms to the agreement with a federal agency with a valid assignment from the National Telecommunications and Information Administration. Table 1—Law Enforcement Plans (MHz) LE VHF plan LE UHF plan Identifier Mobile transmit Mobile receive Identifier Mobile transmit Mobile receive LEA 167.0875 (S) 167.0875 LEB 414.0375 (S) 414.0375 LE1 162.0875 167.0875 LE10 418.9875 409.9875 LE2 162.2625 167.2500 LE11 419.1875 410.1875 LE3 162.8375 167.7500 LE12 419.6125 410.6125 LE4 163.2875 168.1125 LE13 414.0625 (S) 414.0625 LE5 163.4250 168.4625 LE14 414.3125 (S) 414.3125 LE6 167.2500 (S) 167.2500 LE15 414.3375 (S) 414.3375 LE7 167.7500 (S) 167.7500 LE16 409.9875 (S) 409.9875 LE8 168.1125 (S) 168.1125 LE17 410.1875 (S) 410.1875 LE9 168.4625 (S) 168.4625 LE18 410.6125 (S) 410.6125 (S)—Simplex. Table 2—Incident Response Plans (MHz) LE VHF Plan LE UHF Plan Identifier Mobile transmit Mobile receive Identifier Mobile transmit Mobile receive NC1 Calling 164.7125 169.5375 NC2 Calling 419.2375 410.2375 IR1 165.2500 170.0125 IR10 419.4375 410.4375 IR2 165.9625 170.4125 IR11 419.6375 410.6375 IR3 166.5750 170.6875 IR12 419.8375 410.8375 IR4 167.3250 173.0375 IR13 413.1875 (S) 413.1875 IR5 169.5375 (S) 169.5375 IR14 413.2125 (S) 413.2125 IR6 170.0125 (S) 170.0125 IR15 410.2375 (S) 410.2375 IR7 170.4125 (S) 170.4125 IR16 410.4375 (S) 410.4375 IR8 170.6875 (S) 170.6875 IR17 410.6375 (S) 410.6375 IR9 173.0375 (S) 173.0375 IR18 410.8375 (S) 410.8375 (S)—Simplex. [ 83 FR 19980 , May 7, 2018] Effective Date Note Effective Date Note: At 83 FR 19980 , May 7, 2018, § 90.25 was added. This text contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. Subpart C—Industrial/Business Radio Pool Source: 62 FR 18874 , Apr. 17, 1997, unless otherwise noted. § 90.31 Scope. The Industrial/Business Radio Pool covers the licensing of the radio communications of entities engaged in commercial activities, engaged in clergy activities, operating educational, philanthropic, or ecclesiastical institutions, or operating hospitals, clinics, or medical associations. Rules as to eligibility for licensing, frequencies available, permissible communications and classes and number of stations, and any special requirements are set forth in the following sections. § 90.33 General eligibility. ( a ) In addition to the eligibility shown in the Industrial/Business Pool, eligibility is also provided for any corporation proposing to furnish nonprofit radiocommunication service to its parent corporation, to another subsidiary of the same parent, or to its own subsidiary. This corporate eligibility is not subject to the cooperative use provision of § 90.179 . ( b ) Eligibility is also provided for a nonprofit corporation or association that is organized for the purpose of furnishing a radiocommunications service to persons who meet the eligibility requirements of the Industrial/Business Pool. Such use is subject to the cooperative use provisions of § 90.179 . § 90.35 Industrial/Business Pool. ( a ) Eligibility. Persons primarily engaged in any of the following activities are eligible to hold authorizations in the Industrial/Business Pool to provide commercial mobile radio service as defined in part 20 of this chapter or to operate stations for transmission of communications necessary to such activities of the licensee: ( 1 ) The operation of a commercial activity; ( 2 ) The operation of educational, philanthropic, or ecclesiastical institutions; ( 3 ) Clergy activities; or ( 4 ) The operation of hospitals, clinics, or medical associations. ( 5 ) Public Safety Pool eligibles are eligible for Industrial/Business Pool spectrum only to The extent that they are engaged in activities listed in paragraphs (a)(1) through (4) of this section. Industrial/Business Pool spectrum many not be utilized for the purposes set forth in § 90.20(a) . ( b ) Industrial/Business Pool frequencies. ( 1 ) The following table indicates frequencies available for assignment to Industrial/Business Pool stations, together with the class of station(s) to which they are normally assigned, the specific assignment limitations which are explained in paragraph (b) of this section, and the certified frequency coordinator for each frequency: ( 2 ) Unless otherwise specified, coordination of frequencies in the Industrial/Business pool must be done in accordance with the following: ( i ) Unless specified elsewhere in this part, frequencies without any coordinator specified in the Coordinator column of paragraph (b)(3) of this section may be coordinated by any frequency coordinator certified in the Industrial/Business Pool. ( ii ) A letter symbol in the Coordinator column of the frequency table in paragraph (b)(3) of this section designates the mandatory certified frequency coordinator for the associated frequency in the table. However, any coordinator certified in the Industrial/Business Pool may coordinate applications on such frequencies provided the prior written consent of the designated coordinator is obtained. Frequencies for which two coordinators are listed may be coordinated by either of the listed coordinators. ( iii ) For frequencies above 150 MHz, applications for new or modified facilities on frequencies shared prior to radio service consolidation by the former Manufacturers Radio Service, the Forest Products Radio Service, the Power Radio Service, the Petroleum Radio Service, the Motor Carrier Radio Service, the Railroad Radio Service, the Telephone Maintenance Radio Service and the Automobile Emergency Radio Service may be coordinated by any certified Industrial/Business Pool coordinator. However, in the event that the interference contour of a proposed station would overlap the service contour of an existing station licensed on one of these previously shared frequencies, the written concurrence of the coordinator associated with the industry for which the existing station license was issued, or the written concurrence of the licensee of the existing station, shall be obtained. For the purposes of this § 90.35 , the service contour for UHF stations is the 39 dBu contour; and the interference contour for UHF stations is the 21 dBu contour; the service contour for VHF stations is the 37 dBu contour; and the interference contour for VHF stations is the 19 dBu contour. ( iv ) The letter symbols listed in the Coordinator column of the frequency table in paragraph (b)(3) of this section refer to specific frequency coordinators as follows: IP—Petroleum Coordinator IW—Power Coordinator LR—Railroad Coordinator LA—Automobile Emergency Coordinator ( 3 ) Frequencies. Industrial/Business Pool Frequency Table Frequency or band Class of station(s) Limitations Coordinator Kilohertz 2000 to 25,000 Fixed, base or mobile 1, 90 2292 Base or mobile 4, 5, 7. 2398 ......do 5, 7. 4637.5 ......do 5, 7. Megahertz 25.02 ......do 3, 4 IP 25.04 ......do 8 IP 25.06 ......do 3, 4 IP 25.08 ......do 8, 9 IP 25.10 ......do 3, 4, 9 IP 25.12 ......do 9 IP 25.14 ......do 3, 4, 9 IP 25.16 ......do 9 IP 25.18 ......do 3, 4, 9 IP 25.20 ......do 9 IP 25.22 ......do 4, 7 IP 25.24 ......do IP 25.26 ......do 4, 7 IP 25.28 ......do IP 25.30 ......do 4, 7 IP 25.32 ......do IP 27.43 ......do. 27.45 ......do. 27.47 ......do. 27.49 ......do 10. 27.51 Mobile 11. 27.53 ......do 11. 27.555 Base or mobile 89 27.615 ......do 89 27.635 ......do 89 27.655 ......do 89 27.765 ......do 89 27.86 Base or mobile 89 29.71 ......do 29.73 ......do. 29.75 ......do. 29.77 ......do. 29.79 ......do. 30.58 ......do. 30.60 ......do. 30.62 ......do. 30.64 ......do. 30.66 ......do 4, 7. 30.68 ......do. 30.70 ......do 4, 7 IP 30.72 ......do. 30.74 ......do 4, 7. 30.76 ......do. 30.78 ......do 4, 7 IP 30.80 ......do. 30.82 ......do 4, 7. 30.84 Mobile 11, 12. 30.86 Base or mobile 13 30.88 ......do. 30.90 ......do 13. 30.92 ......do. 30.94 ......do 13. 30.96 ......do. 30.98 ......do 13. 31.00 ......do. 31.02 ......do 13. 31.04 ......do. 31.06 ......do 13. 31.08 ......do. 31.10 ......do 13. 31.12 ......do. 31.14 ......do 13. 31.16 ......do. 31.20 ......do. 31.24 ......do. 31.28 ......do. 31.32 ......do. 31.36 ......do. 31.40 ......do. 31.44 ......do. 31.48 ......do. 31.52 ......do. 31.56 ......do. 31.60 ......do. 31.64 ......do. 31.68 ......do. 31.72 ......do. 31.76 ......do. 31.80 ......do. 31.84 ......do. 31.88 ......do. 31.92 ......do. 31.96 ......do. 33.12 Mobile 11 33.14 Mobile 11, 12. 33.16 Base or mobile 33.18 ......do IP 33.20 ......do IP 33.22 ......do IP 33.24 ......do IP 33.26 ......do IP 33.28 ......do IP 33.30 ......do IP 33.32 ......do IP 33.34 ......do IP 33.36 ......do IP 33.38 ......do IP 33.40 Mobile 12, 14. 35.02 ......do 11, 12, 13. 35.04 Base or Mobile 10. 35.06 ......do. 35.08 ......do. 35.10 ......do. 35.12 ......do. 35.14 ......do. 35.16 ......do. 35.18 ......do. 35.28 ......do. 35.32 ......do. 35.36 ......do. 35.40 ......do. 35.44 ......do 35.48 ......do 35.52 ......do 35.70 ......do. 35.72 ......do. 35.74 ......do. 35.76 ......do. 35.78 ......do. 35.80 ......do. 35.82 ......do. 35.84 ......do. 35.86 ......do. 35.88 ......do. 35.90 ......do. 35.92 ......do. 35.94 ......do. 35.96 ......do. 35.98 ......do. 36.25 ......do 15 IP 37.44 ......do. 37.46 ......do IW 37.48 ......do IW 37.50 ......do IW 37.52 ......do IW 37.54 ......do IW 37.56 ......do IW 37.58 ......do IW 37.60 Base, mobile, or operational fixed 16 IW 37.62 Base or mobile IW 37.64 ......do IW 37.66 ......do IW 37.68 ......do IW 37.70 ......do IW 37.72 ......do IW 37.74 ......do IW 37.76 ......do IW 37.78 ......do IW 37.80 ......do IW 37.82 ......do IW 37.84 Base, mobile, or operational fixed 16 IW 37.86 Base or mobile IW 37.88 ......do. 41.71 ......do 15 IP 42.96 ......do. 42.98 Mobile 11, 12. 43.00 Base or mobile 43.02 ......do. 43.04 ......do 17. 43.06 ......do. 43.08 ......do. 43.10 ......do. 43.12 ......do. 43.14 ......do. 43.16 Mobile. 43.18 Base or mobile. 43.28 ......do. 43.32 ......do. 43.36 ......do. 43.40 ......do. 43.44 ......do. 43.48 ......do. 43.52 ......do. 43.70 ......do. 43.72 ......do 18. 43.74 ......do 18. 43.76 ......do. 43.78 ......do. 43.80 ......do. 43.82 ......do 18. 43.84 ......do 18. 43.86 ......do 19. 43.88 ......do 19. 43.90 ......do 19. 43.92 ......do 18, 19. 43.94 ......do 19. 43.96 ......do 18. 43.98 ......do. 44.00 ......do. 44.02 ......do. 44.04 ......do. 44.06 ......do. 44.08 ......do. 44.10 ......do 20. 44.12 ......do 18. 44.14 ......do. 44.16 ......do 18. 44.18 ......do 18. 44.20 ......do 18, 21. 44.22 ......do. 44.24 ......do. 44.26 ......do. 44.28 ......do. 44.30 ......do. 44.32 ......do 18. 44.34 ......do. 44.36 ......do 18, 19. 44.38 ......do 19. 44.40 ......do 18, 19. 44.42 ......do 19. 44.44 ......do 19. 44.46 ......do 18. 44.48 ......do 18. 44.50 ......do. 44.52 ......do. 44.54 ......do. 44.56 ......do. 44.58 ......do. 44.60 ......do. 47.44 ......do. 47.48 ......do. 47.52 ......do. 47.56 ......do. 47.60 ......do. 47.64 ......do. 47.68 ......do. 47.70 ......do IW 47.72 ......do IW 47.74 ......do IW 47.76 ......do IW 47.78 ......do IW 47.80 ......do IW 47.82 ......do IW 47.84 ......do IW 47.86 ......do IW 47.88 ......do IW 47.90 ......do IW 47.92 ......do IW 47.94 ......do IW 47.96 ......do IW 47.98 ......do IW 48.00 ......do IW 48.02 ......do IW 48.04 ......do IW 48.06 ......do IW 48.08 ......do IW 48.10 ......do IW 48.12 ......do IW 48.14 ......do IW 48.16 ......do IW 48.18 ......do IW 48.20 ......do IW 48.22 ......do IW 48.24 ......do IW 48.26 ......do IW 48.28 ......do IW 48.30 ......do IW 48.32 ......do IW 48.34 ......do IW 48.36 ......do IW 48.38 ......do IW 48.40 ......do IW 48.42 ......do IW 48.44 ......do IW 48.46 ......do IW 48.48 ......do IW 48.50 ......do IW 48.52 ......do IW 48.54 ......do IW 48.56 ......do. 48.58 ......do. 48.60 ......do. 48.62 ......do. 48.64 ......do. 48.66 ......do. 48.68 ......do. 48.70 ......do. 48.72 ......do. 48.74 ......do. 48.76 ......do 18. 48.78 ......do. 48.80 ......do. 48.82 ......do. 48.84 ......do 18. 48.86 ......do 18. 48.88 ......do. 48.90 ......do. 48.92 ......do 18. 48.94 ......do. 48.96 ......do. 48.98 ......do. 49.00 ......do. 49.02 ......do 18. 49.04 ......do. 49.06 ......do. 49.08 ......do 18. 49.10 ......do 18. 49.12 ......do. 49.14 ......do. 49.16 ......do 18. 49.18 ......do. 49.20 ......do 18. 49.22 ......do. 49.24 ......do 18. 49.26 ......do 18. 49.28 ......do 18. 49.30 ......do. 49.32 ......do. 49.34 ......do. 49.36 ......do 18. 49.38 ......do. 49.40 ......do 18. 49.42 ......do. 49.44 ......do. 49.46 ......do 18. 49.48 ......do. 49.50 ......do 18. 49.52 ......do. 49.54 ......do. 49.56 ......do. 49.58 ......do. 72 to 76 Operational fixed 22. 72.02 Mobile 23, 24. 72.04 ......do 23, 24. 72.06 ......do 23, 24. 72.08 ......do 23, 24, 25. 72.10 ......do 23, 24. 72.12 ......do 23, 24. 72.14 ......do 23, 24. 72.16 ......do 23, 24, 25. 72.18 ......do 23, 24. 72.20 ......do 23, 24. 72.22 ......do 23, 24. 72.24 ......do 23, 24, 25. 72.26 ......do 23, 24. 72.28 ......do 23, 24. 72.30 ......do 23, 24. 72.32 ......do 23, 24, 25. 72.34 ......do 23, 24. 72.36 ......do 23, 24. 72.38 ......do 23, 24. 72.40 ......do 23, 24, 25. 72.44 ......do 13, 24, 77. 72.48 ......do 13, 24, 77. 72.52 ......do 13, 24, 77. 72.56 ......do 13, 24, 77. 72.60 ......do 13, 24, 77. 74.61 ......do 26, 77. 74.63 ......do 26, 77. 74.65 ......do 26, 77. 74.67 ......do 26, 77. 74.69 ......do 26, 77. 74.71 ......do 26, 77. 74.73 ......do 26, 77. 74.75 ......do 26, 77. 74.77 ......do 26, 77. 74.79 ......do 26, 77. 75.21 ......do 26, 77. 75.23 ......do 26, 77. 75.25 ......do 26, 77. 75.27 ......do 26, 77. 75.29 ......do 26, 77. 75.31 ......do 26, 77. 75.33 ......do 26, 77. 75.35 ......do 26, 77. 75.37 ......do 26, 77. 75.39 ......do 26, 77. 75.44 ......do 13, 24, 77. 75.48 ......do 13, 24, 77. 75.52 ......do 13, 24, 77. 75.56 ......do 13, 24, 77. 75.60 ......do 13, 24, 77. 150 to 170 Base or mobile 27. 150.815 ......do LA 150.830 ......do 28, 29 LA 150.845 ......do LA 150.8525 ......do 30 LA 150.860 ......do LA 150.8675 ......do 30 LA 150.875 ......do LA 150.8825 ......do 30 LA 150.890 ......do LA 150.8975 ......do 30 LA 150.905 ......do LA 150.920 ......do 28, 29 LA 150.935 ......do LA 150.9425 ......do 30 LA 150.950 ......do LA 150.9575 ......do 30 LA 150.965 ......do LA 150.9725 ......do 30 LA 150.980 ......do 8 IP 150.9875 ......do 8, 30 IP 150.995 ......do 31. 151.0025 ......do 30, 31 151.010 ......do 31. 151.0175 ......do 30, 31 151.025 ......do 31. 151.0325 ......do 30, 31 151.040 ......do 31. 151.0475 ......do 3031 151.055 ......do 31. 151.070 Base 28, 29, 31. 151.085 Base or mobile 31. 151.0925 ......do 30, 31 151.100 ......do 31. 151.1075 ......do 30, 31 151.115 ......do 31. 151.1225 ......do 30, 31 151.130 ......do 31. 151.1375 ......do 30, 31 151.145 ......do 31. 151.1525 ......do 30, 31 151.160 ......do 31. 151.1675 ......do 30, 31 151.175 ......do 31. 151.190 Base 28, 29, 31. 151.205 Base or mobile 31. 151.2125 ......do 30, 31 151.220 ......do 31. 151.2275 ......do 30, 31 151.235 ......do 31. 151.2425 ......do 30, 31 151.250 ......do 31. 151.2575 ......do 30, 31 151.265 ......do 31. 151.2725 ......do 30, 31 151.280 ......do 31. 151.2875 ......do 30, 31 151.295 ......do 31. 151.310 Base 28, 29, 31. 151.325 Base or mobile 31. 151.3325 ......do 30, 31 151.340 ......do 31. 151.3475 ......do 30, 31 151.355 ......do 31. 151.3625 ......do 30, 31 151.370 ......do 31. 151.3775 ......do 30, 31 151.385 ......do 31. 151.3925 ......do 30, 31 151.400 ......do 31. 151.4075 ......do 30, 31 151.415 ......do 31. 151.4225 ......do 30, 31 151.430 ......do 31. 151.4375 ......do 30, 31 151.445 ......do 31. 151.4525 ......do 30, 31 151.460 ......do 31. 151.4675 ......do 30, 31 151.475 ......do 31. 151.4825 ......do 30, 31 151.490 ......do 13, 32. 151.4975 ......do 30, 32 151.505 ......do 17. 151.5125 ......do 30, 17 151.520 ......do. 151.5275 ......do 30 151.535 ......do. 151.5425 ......do 30 151.550 ......do. 151.5575 ......do 30 151.565 ......do. 151.5725 ......do 30 151.580 ......do. 151.5875 ......do 30 151.595 ......do. 151.6025 ......do 30 151.625 ......do 10. 151.640 ......do 10, 33. 151.6475 ......do 30 151.655 ......do. 151.6625 ......do 30 151.670 ......do 30 151.6775 ......do 30 151.685 ......do. 151.700 ......do 10, 30, 34. 151.715 ......do. 151.7225 ......do 30 151.730 ......do 30 151.7375 ......do 30 151.745 ......do. 151.760 ......do 10, 30, 34. 151.775 ......do. 151.7825 ......do 30 151.790 ......do 30 151.7975 ......do 30 151.805 ......do. 151.835 Base or mobile. 151.8425 ......do 30 151.850 ......do 30 151.8575 ......do 30 151.865 ......do. 151.895 ......do 151.9025 ......do 30 151.910 ......do 30 151.9175 ......do 30 151.925 ......do. 151.955 ......do 151.9625 ......do 30 151.970 ......do 30 151.9775 ......do 30 151.985 ......do. 152.2625 ......do 33. 152.270 ......do 6. 152.2775 ......do 6, 30 152.285 ......do 6. 152.2925 ......do 6, 30 152.300 ......do 6. 152.3075 ......do 6, 30 152.315 ......do 6. 152.3225 ......do 6, 30 152.330 ......do 6. 152.3375 ......do 6, 30 152.345 ......do 6. 152.3525 ......do 6, 30 152.360 ......do 6. 152.3675 ......do 6, 30 152.375 ......do 6. 152.3825 ......do 6, 30 152.390 ......do 6. 152.3975 ......do 6, 30 152.405 ......do 6. 152.4125 ......do 6, 30 152.420 ......do 6. 152.4275 ......do 6, 30 152.435 ......do 6. 152.4425 ......do 6, 30 152.450 ......do 6. 152.4575 ......do 6, 30 152.465 ......do 79. 152.480 ......do 29, 36, 37, 38. 152.8625 ......do 33. 152.870 ......do 152.8775 ......do 30 152.885 ......do. 152.8925 ......do 30 152.900 ......do. 152.9075 ......do 30 152.915 ......do. 152.9225 ......do 30 152.930 ......do. 152.9375 ......do 30 152.945 ......do. 152.9525 ......do 30 152.960 ......do. 152.9675 ......do 30 152.975 ......do. 152.9825 ......do 30 152.990 ......do. 152.9975 ......do 30 153.005 ......do. 153.0125 ......do 30 153.020 ......do. 153.0275 ......do 30 153.035 ......do IP. 153.0425 ......do 30 IP. 153.050 ......do 4, 7 IP. 153.0575 ......do 4, 7, 30 IP. 153.065 ......do IP. 153.0725 ......do 30 IP. 153.080 ......do 4, 7 IP. 153.0875 ......do 4, 7, 30 IP. 153.095 ......do IP. 153.1025 ......do 30, 80 IP. 153.110 ......do 4, 7 IP. 153.1175 ......do 4, 7, 30 IP. 153.125 ......do IP. 153.1325 ......do 30 IP. 153.140 ......do 4, 7 IP. 153.1475 ......do 4, 7, 30 IP. 153.155 ......do IP. 153.1625 ......do 30 IP. 153.170 ......do 4, 7 IP. 153.1775 ......do 4, 7, 30 IP. 153.185 ......do IP. 153.1925 ......do 30 IP. 153.200 ......do 4, 7 IP. 153.2075 ......do 4, 7, 30 IP. 153.215 ......do IP. 153.2225 ......do 30 IP. 153.230 ......do 4, 7 IP. 153.2375 ......do 4, 7, 30 IP. 153.245 ......do IP. 153.2525 ......do 30 IP. 153.260 ......do 4, 7 IP. 153.2675 ......do 4, 7, 30 IP. 153.275 ......do IP. 153.2825 ......do 30 IP. 153.290 ......do 4, 7 IP. 153.2975 ......do 4, 7, 30 IP. 153.305 ......do IP. 153.3125 ......do 30 IP. 153.320 ......do 4, 7 IP. 153.3275 ......do 4, 7, 30 IP. 153.335 ......do IP. 153.3425 ......do 30 IP. 153.350 ......do 4, 7 IP. 153.3575 ......do 4, 7, 30 IP. 153.365 ......do IP. 153.3725 ......do 30 IP. 153.380 ......do IP. 153.3875 ......do 30 IP. 153.395 ......do IP. 153.4025 ......do 30 IP. 153.410 ......do IW. 153.4175 ......do 30 IW 153.425 ......do 80 IP, IW 153.4325 ......do 30, 80 IP, IW 153.440 ......do 80 IP, IW 153.4475 ......do 30, 80 IP, IW 153.455 ......do 80 IP, IW 153.4625 ......do 30, 80 IP, IW 153.470 ......do IW 153.4775 ......do 30 IW 153.485 ......do 80 IP, IW 153.4925 ......do 30, 80 IP, IW 153.500 ......do 80 IP, IW 153.5075 ......do 30, 80 IP, IW 153.515 ......do 80 IP, IW 153.5225 ......do 30, 80 IP, IW 153.530 ......do IW 153.5375 ......do 30 IW 153.545 ......do 80 IP, IW 153.5525 ......do 30, 80 IP, IW 153.560 30, 80 IP, IW 153.5675 ......do 30, 80 IP, IW 153.575 ......do 80 IP, IW 153.5825 ......do 30, 80 IP, IW 153.590 ......do IW 153.5975 ......do 30 IW 153.605 ......do 80 IP, IW 153.6125 ......do 30, 80 IP, IW 153.620 ......do 80 IP, IW 153.6275 ......do 30, 80 IP, IW 153.635 ......do 80 IP, IW 153.6425 ......do 30, 80 IP, IW 153.650 ......do IW 153.6575 ......do 30 IW 153.665 ......do 80 IP, IW 153.6725 ......do 30, 80 IP, IW 153.680 ......do 80 IP, IW 153.6875 ......do 30, 80 IP, IW 153.695 ......do IW 153.7025 ......do 30 IW 153.710 ......do IW 153.7175 ......do 30 IW 153.725 ......do IW 153.7325 ......do 30 IW 154.45625 Fixed or mobile 39, 40, 41, 42. 154.46375 ......do 39, 40, 43. 154.47125 ......do 39, 40, 41, 44. 154.47875 ......do 39, 40, 41, 42. 154.4825 Base or mobile 30 154.490 ......do. 154.4975 ......do 30 154.505 ......do 30 154.515 ......do. 154.5275 Mobile 10, 30, 34 154.540 ......Base or mobile. 154.5475 ......do 30 154.555 ......do 33. 154.585 Mobile 8, 46 IP 154.610 Base or mobile 33. 154.625 ......do 36, 37, 48. 154.640 Base 36, 37, 48. 157.470 Base or mobile 12 LA 157.4775 ......do 12, 30 LA 157.485 ......do 12 LA 157.4925 ......do 12, 30 LA 157.500 ......do 12 LA 157.5075 ......do 12, 30 LA 157.515 ......do 12 LA 157.5225 ......do 12, 30 LA 157.530 Mobile 6. 157.5375 ......do 6, 30 157.545 ......do 6. 157.5525 ......do 6, 30 157.560 Base or mobile 6. 157.5675 ......do 6, 30 157.575 Mobile 6. 157.5825 ......do 6, 30 157.590 ......do 6. 157.5975 ......do 6, 30 157.605 ......do 6. 157.6125 ......do 6, 30 157.620 Base or mobile 6. 157.6275 ......do 6, 30 157.635 Mobile 6. 157.6425 ......do 6, 30 157.650 ......do 6. 157.6575 ......do 6, 30 157.665 ......do 6. 157.6725 ......do 6, 30 157.680 ......do 6. 157.6875 ......do 6, 30 157.695 ......do 6. 157.7025 ......do 6, 30 157.710 ......do 6. 157.7175 ......do 6, 30 157.725 Base or mobile 79. 157.740 ......do 29, 36, 37, 38. 158.1225 ......do 33 IW 158.130 ......do IW 158.1375 ......do 6, 30 IW 158.145 ......do IP, IW 158.1525 ......do 6, 30 IP, IW 158.160 ......do IP, IW 158.1675 ......do 6, 30 IP, IW 158.175 ......do 81 IP, IW 158.1825 ......do 30, 81 IP, IW 158.190 ......do IW 158.1975 ......do 30 IW 158.205 ......do 81 IP, IW 158.2125 ......do 30, 81 IP, IW 158.220 ......do 81 IP, IW 158.2275 ......do 30, 81 IP, IW 158.235 ......do 81 IP, IW 158.2425 ......do 30, 81 IP, IW 158.250 ......do IW 158.2575 ......do 30 IW 158.265 ......do 81 IP, IW 158.2725 ......do 30, 81 IP, IW 158.280 ......do IP 158.2875 ......do 30 IP 158.295 ......do IP 158.3025 ......do 30 IP 158.310 ......do 4, 7 IP 158.3175 ......do 4, 7, 30 IP 158.325 ......do IP 158.3325 ......do 30 IP 158.340 Mobile. 158.3475 ......do 30 158.355 Base or mobile IP 158.3625 ......do 30 IP 158.370 ......do 4, 7 IP 158.3775 ......do 4, 7, 30 IP 158.385 ......do. 158.3925 ......do 30 158.400 ......do 17. 158.4075 ......do 17, 30 158.415 ......do IP 158.4225 ......do 30 IP 158.430 ......do 4, 7 IP 158.4375 ......do 4, 7, 30 IP 158.445 Mobile 8, 49 IP 158.460 Base or mobile 29, 36, 37, 38, 48. 159.480 ......do 8, 82 IP 159.4875 ......do 8, 30 IP 159.495 ......do. 159.5025 ......do 30 159.510 ......do. 159.5175 ......do 30 159.525 ......do. 159.5325 ......do 30 159.540 ......do. 159.5475 ......do 30 159.555 ......do. 159.5625 ......do 30 159.570 ......do. 159.5775 ......do 30 159.585 ......do. 159.5925 ......do 30 159.600 ......do. 159.6075 ......do 30 159.615 ......do. 159.6225 ......do 30 159.630 ......do. 159.6375 ......do 30 159.645 ......do. 159.6525 ......do 30 159.660 ......do. 159.6675 ......do 30 159.675 ......do. 159.6825 ......do 30 159.690 ......do. 159.6975 ......do 30 159.705 ......do. 159.7125 ......do 30 159.720 ......do. 159.7275 ......do 30 159.735 ......do. 159.7425 ......do 30 159.750 ......do. 159.7575 ......do 30 159.765 ......do. 159.7725 ......do 30 159.780 ......do. 159.7875 ......do 30 159.795 ......do. 159.8025 ......do 30 159.810 ......do. 159.8175 ......do 30 159.825 ......do. 159.8325 ......do 30 159.840 ......do. 159.8475 ......do 30 159.855 ......do. 159.8625 ......do 30 159.870 ......do. 159.8775 ......do 30 159.885 ......do. 159.8925 ......do 30 159.900 ......do. 159.9075 ......do 30 159.915 ......do. 159.9225 ......do 30 159.930 ......do. 159.9375 ......do 30 159.945 ......do. 159.9525 ......do 30 159.960 ......do. 159.9675 ......do 30 159.975 ......do. 159.9825 ......do 30 159.990 ......do. 159.9975 ......do 30 160.005 ......do. 160.0125 ......do 30 160.020 ......do. 160.0275 ......do 30 160.035 ......do. 160.0425 ......do 30 160.050 ......do. 160.0575 ......do 30 160.065 ......do. 160.0725 ......do 30 160.080 ......do. 160.0875 ......do 30 160.095 ......do. 160.1025 ......do 30 160.110 ......do. 160.1175 ......do 30 160.125 ......do. 160.1325 ......do 30 160.140 ......do. 160.1475 ......do 30 160.155 ......do. 160.1625 ......do 30 160.170 ......do. 160.1775 ......do 30 160.185 ......do. 160.1925 ......do 30 160.200 ......do. 160.2075 ......do 30 160.215 ......do 50 LR 160.2225 ......do 30, 50 LR 160.230 ......do 50 LR 160.2375 ......do 30, 50 LR 160.245 ......do 50 LR 160.2525 ......do 30, 50 LR 160.260 ......do 50 LR 160.2675 ......do 30, 50 LR 160.275 ......do 50 LR 160.2825 ......do 30, 50 LR 160.290 ......do 50 LR 160.2975 ......do 30, 50 LR 160.305 ......do 50 LR 160.3125 ......do 30, 50 LR 160.320 ......do 50 LR 160.3275 ......do 30, 50 LR 160.335 ......do 50 LR 160.3425 ......do 30, 50 LR 160.350 ......do 50 LR 160.3575 ......do 30, 50 LR 160.365 ......do 50 LR 160.3725 ......do 30, 50 LR 160.380 ......do 50 LR 160.3875 ......do 30, 50 LR 160.395 ......do 50 LR 160.4025 ......do 30, 50 LR 160.410 ......do 50, 52 LR 160.4175 ......do 30, 50, 52 LR 160.425 ......do 50, 52 LR 160.4325 ......do 30, 50, 52 LR 160.440 ......do 50, 52 LR 160.4475 ......do 30, 50, 52 LR 160.455 ......do 50, 52 LR 160.4625 ......do 30, 50, 52 LR 160.470 ......do 50, 52 LR 160.4775 ......do 30, 50, 52 LR 160.485 ......do 50, 52 LR 160.4925 ......do 30, 50, 52 LR 160.500 ......do 50, 52 LR 160.5075 ......do 30, 50, 52 LR 160.515 ......do 50, 52 LR 160.5225 ......do 30, 50, 52 LR 160.530 ......do 50, 52 LR 160.5375 ......do 30, 50, 52 LR 160.545 ......do 50, 52 LR 160.5525 ......do 30, 50, 52 LR 160.560 ......do 50, 52 LR 160.5675 ......do 30, 50, 52 LR 160.575 ......do 50, 52 LR 160.5825 ......do 30, 50, 52 LR 160.590 ......do 50, 52 LR 160.5975 ......do 30, 50, 52 LR 160.605 ......do 50, 52 LR 160.6125 ......do 30, 50, 52 LR 160.620 ......do 50 LR 160.6275 ......do 30, 50 LR 160.635 ......do 50 LR 160.6425 ......do 30, 50 LR 160.650 ......do 50 LR 160.6575 ......do 30, 50 LR 160.665 ......do 50 LR 160.6725 ......do 30, 50 LR 160.680 ......do 50 LR 160.6875 ......do 30, 50 LR 160.695 ......do 50 LR 160.7025 ......do 30, 50 LR 160.710 ......do 50 LR 160.7175 ......do 30, 50 LR 160.725 ......do 50 LR 160.7325 ......do 30, 50 LR 160.740 ......do 50 LR 160.7475 ......do 30, 50 LR 160.755 ......do 50 LR 160.7625 ......do 30, 50 LR 160.770 ......do 50 LR 160.7775 ......do 30, 50 LR 160.785 ......do 50 LR 160.7925 ......do 30, 50 LR 160.800 ......do 50 LR 160.8075 ......do 30, 50 LR 160.815 ......do 50 LR 160.8225 ......do 30, 50 LR 160.830 ......do 50 LR 160.8375 ......do 30, 50 LR 160.845 ......do 50 LR 160.8525 ......do 30, 50 LR 160.860 ......do 50, 51 LR 160.8675 ......do 30, 50, 51 LR 160.875 ......do 50, 51 LR 160.8825 ......do 30, 50, 51 LR 160.890 ......do 50, 51 LR 160.8975 ......do 30, 50, 51 LR 160.905 ......do 50, 51 LR 160.9125 ......do 30, 50, 51 LR 160.920 ......do 50, 51 LR 160.9275 ......do 30, 50, 51 LR 160.935 ......do 50, 51 LR 160.9425 ......do 30, 50, 51 LR 160.950 ......do 50, 51 LR 160.9575 ......do 30, 50, 51 LR 160.965 ......do 50, 51 LR 160.9725 ......do 30, 50, 51 LR 160.980 ......do 50, 51 LR 160.9875 ......do 30, 50, 51 LR 160.995 ......do 50, 51 LR 161.0025 ......do 30, 50, 51 LR 161.010 ......do 50, 51 LR 161.0175 ......do 30, 50, 51 LR 161.025 ......do 50, 51 LR 161.0325 ......do 30, 50, 51 LR 161.040 ......do 50, 51 LR 161.0475 ......do 30, 50, 51 LR 161.055 ......do 50, 51 LR 161.0625 ......do 30, 50, 51 LR 161.070 ......do 50, 51 LR 161.0775 ......do 30, 50, 51 LR 161.085 ......do 50, 51 LR 161.0925 ......do 30, 50, 51 LR 161.100 ......do 50, 51 LR 161.1075 ......do 30, 50, 51 LR 161.115 ......do 50, 51 LR 161.1225 ......do 30, 50, 51 LR 161.130 ......do 50, 51 LR 161.1375 ......do 30, 50, 51 LR 161.145 ......do 50, 51 LR 161.1525 ......do 30, 50, 51 LR 161.160 ......do 50, 51 LR 161.1675 ......do 30, 50, 51 LR 161.175 ......do 50, 51 LR 161.1825 ......do 30, 50, 51 LR 161.190 ......do 50, 51 LR 161.1975 ......do 30, 50, 51 LR 161.205 ......do 50, 51 LR 161.2125 ......do 30, 50, 51 LR 161.220 ......do 50, 51 LR 161.2275 ......do 30, 50, 51 LR 161.235 ......do 50, 51 LR 161.2425 ......do 30, 50, 51 LR 161.250 ......do 50, 51 LR 161.2575 ......do 30, 50, 51 LR 161.265 ......do 50, 51 LR 161.2725 ......do 30, 50, 51 LR 161.280 ......do 50, 51 LR 161.2875 ......do 30, 50, 51 LR 161.295 ......do 50, 51 LR 161.3025 ......do 30, 50, 51 LR 161.310 ......do 50, 51 LR 161.3175 ......do 30, 50, 51 LR 161.325 ......do 50, 51 LR 161.3325 ......do 30, 50, 51 LR 161.340 ......do 50, 51 LR 161.3475 ......do 30, 50, 51 LR 161.355 ......do 50, 51 LR 161.3625 ......do 30, 50, 51 LR 161.370 ......do 50, 51 LR 161.3775 ......do 30, 50, 51 LR 161.385 ......do 50, 52 LR 161.3925 ......do 30, 50, 52 LR 161.400 ......do 50, 52 LR 161.4075 ......do 30, 50, 52 LR 161.415 ......do 50, 52 LR 161.4225 ......do 30, 50, 52 LR 161.430 ......do 50, 52 LR 161.4375 ......do 30, 50, 52 LR 161.445 ......do 50, 52 LR 161.4525 ......do 30, 50, 52 LR 161.460 ......do 50, 52 LR 161.4675 ......do 30, 50, 52 LR 161.475 ......do 50, 52 LR 161.4825 ......do 30, 50, 52 LR 161.490 ......do 50, 52 LR 161.4975 ......do 30, 50, 52 LR 161.505 ......do 50, 52 LR 161.5125 ......do 30, 50, 52 LR 161.520 ......do 50, 52 LR 161.5275 ......do 30, 50, 52 LR 161.535 ......do 50, 52 LR 161.5425 ......do 30, 50, 52 LR 161.550 ......do 50, 52 LR 161.5575 ......do 30, 50, 52 LR 161.565 ......do 50, 52 LR 161.610 ......do 78 LR 169 to 172 Mobile, operational fixed 53. 173.20375 Fixed or mobile 39, 40, 41, 44. 173.210 ......do 40, 41, 44, 54. 173.225 Base or mobile. 173.2375 Fixed or mobile 92, 93, 94, 95 173.250 Base or mobile IP, IW 173.2625 Fixed or mobile 92, 93, 94, 95 173.275 Base or mobile. 173.2875 Fixed or mobile 92, 93, 94, 95 173.300 Base or mobile IP, IW 173.3125 Fixed or mobile 92, 93, 94, 95 173.325 Base or mobile. 173.3375 Fixed or mobile 92, 93, 94, 95 173.350 Base or mobile 173.3625 Fixed or mobile 92, 93, 94, 95 173.375 Base or mobile. 173.390 Fixed or mobile 40, 41, 44, 54. 173.39625 ......do 39, 40, 41, 44. 216 to 217 Base or mobile 55 217 to 220 Base, mobile, or operational fixed 55 220 to 222 Base or mobile 406 to 416 Operational fixed 53 450 to 470 Fixed, base, or mobile 27, 57 451.00625 Base or mobile 33 451.0125 ......do 33 451.01875 ......do 33 IW. 451.025 ......do IW 451.03125 ......do 33 IW 451.0375 ......do 30 IW 451.04375 ......do 33 IW 451.050 ......do IW 451.05625 ......do 33 IW 451.0625 ......do 30 IW 451.06875 ......do 33 IW 451.075 ......do IW 451.08125 ......do 33 IW 451.0875 ......do 30 IW 451.09375 ......do 33 IW 451.100 ......do IW 451.10625 ......do 33 IW 451.1125 ......do 30 IW 451.11875 ......do 33 IW 451.125 ......do IW 451.13125 ......do 33 IW 451.1375 ......do 30 IW 451.14375 ......do 33 IW 451.150 ......do IW 451.15625 ......do 33 IW 451.1625 ......do 30 IW 451.16875 ......do 33 IW 451.175 do IP, IW 451.18125 ......do 33, 84. 451.1875 ......do 30, 84. 451.19375 ......do 33, 84. 451.200 ......do IW 451.20625 ......do 33 IW 451.2125 ......do 30 IW 451.21875 ......do 33 IW 451.225 do IP, IW 451.23125 ......do 33, 84. 451.2375 ......do 30, 84. 451.24375 ......do 33, 84. 451.250 ......do IW 451.25625 ......do 33 IW 451.2625 ......do 30 IW 451.26875 ......do 33 IW 451.275 ......do IP, IW 451.28125 ......do 33, 84. 451.2875 ......do 30, 84. 451.29375 ......do 33, 84. 451.300 ......do. 451.30625 ......do 33, 84. 451.3125 ......do 30, 84. 451.31875 ......do 33, 84. 451.325 ......do. 451.33125 ......do 33, 84. 451.3375 ......do 30, 84. 451.34375 ......do 33, 84. 451.350 ......do. 451.35625 ......do 33, 84. 451.3625 ......do 30, 84. 451.36875 ......do 33, 84. 451.375 ......do IP, IW 451.38125 ......do 33, 84. 451.3875 ......do 30, 84. 451.39375 ......do 33, 84. 451.400 ......do. 451.40625 ......do 33, 84. 451.4125 ......do 30, 84. 451.41875 ......do 33, 84. 451.425 ......do IP, IW 451.43125 ......do 33, 84. 451.4375 ......do 30, 84. 451.44375 ......do 33, 84. 451.450 ......do. 451.45625 ......do 33, 84. 451.4625 ......do 30, 84. 451.46875 ......do 33, 84. 451.475 ......do IP, IW 451.48125 ......do 33, 84. 451.4875 ......do 30, 84. 451.49375 ......do 33, 84. 451.500 ......do. 451.50625 ......do 33, 84. 451.5125 ......do 30, 84. 451.51875 ......do 33, 84. 451.525 ......do IP, IW 451.53125 ......do 33, 84. 451.5375 ......do 30, 84. 451.54375 ......do 33, 84. 451.550 ......do 4, 7 IP 451.55625 ......do 4, 7, 33, 84. 451.5625 ......do 4, 7, 30, 84. 451.56875 ......do 4, 7, 33, 84. 451.575 ......do IP, IW 451.58125 ......do 33, 84. 451.5875 ......do 30, 84. 451.59375 ......do 33, 84. 451.600 ......do 4, 7 IP 451.60625 ......do 4, 7, 33, 84. 451.6125 ......do 4, 7, 30, 84. 451.61875 ......do 4, 7, 33, 84. 451.625 ......do IP, IW 451.63125 ......do 33, 84. 451.6375 ......do 30, 84. 451.64375 ......do 33, 84. 451.650 ......do 4, 7 IP 451.65625 ......do 4, 7, 33, 84. 451.6625 ......do 4, 7, 30, 84. 451.66875 ......do 4, 7, 33, 84. 451.675 ......do IP, IW 451.68125 ......do 33, 84. 451.6875 ......do 30, 84. 451.69375 ......do 33, 84. 451.700 ......do 4, 7 IP 451.70625 ......do 4, 7, 33, 84. 451.7125 ......do 4, 7, 30, 84. 451.71875 ......do 4, 7, 33, 84. 451.725 ......do. 451.73125 ......do 33, 84. 451.7375 ......do 30, 84. 451.74375 ......do 33, 84. 451.750 ......do 4, 7 IP 451.75625 ......do 4, 7, 33, 84. 451.7625 ......do 4, 7, 30, 84. 451.76875 ......do 4, 7, 33, 84. 451.775 ......do. 451.78125 ......do 33. 451.7875 ......do 30. 451.79375 ......do 33. 451.800 Base, mobile, or operational fixed 17, 58. 451.80625 ......do 17, 33, 58. 451.8125 ......do 17, 30, 58. 451.81875 ......do 17, 33, 58. 451.825 Base or mobile. 451.83125 ......do 33. 451.8375 ......do 30. 451.84375 ......do 33. 451.850 ......do. 451.85625 ......do 33. 451.8625 ......do 30. 451.86875 ......do 33. 451.875 ......do. 451.88125 ......do 33. 451.8875 ......do 30. 451.89375 ......do 33. 451.900 ......do. 451.90625 ......do 33. 451.9125 ......do 30. 451.91875 ......do 33. 451.925 ......do. 451.93125 ......do 33. 451.9375 ......do 30. 451.94375 ......do 33. 451.950 ......do. 451.95625 ......do 33. 451.9625 ......do 30. 451.96875 ......do 33. 451.975 ......do. 451.98125 ......do 33. 451.9875 ......do 30. 451.99375 ......do 33. 452.000 ......do. 452.00625 ......do 33. 452.0125 ......do 30. 452.01875 ......do 33. 452.025 ......do. 452.03125 ......do 33, 84. 452.0375 ......do 30, 84. 452.04375 ......do 33, 84. 452.050 ......do. 452.05625 ......do 33, 84. 452.0625 ......do 30, 84. 452.06875 ......do 33, 84. 452.075 ......do. 452.08125 ......do 33, 84. 452.0875 ......do 30, 84. 452.09375 ......do 33, 84. 452.100 ......do. 452.10625 ......do 33, 84. 452.1125 ......do 30, 84. 452.11875 ......do 33, 84. 452.125 ......do. 452.13125 ......do 33, 84. 452.1375 ......do 30, 84. 452.14375 ......do 33, 84. 452.150 ......do. 452.15625 ......do 33, 84. 452.1625 ......do 30, 84. 452.16875 ......do 33, 84. 452.175 ......do. 452.18125 ......do 33, 84. 452.1875 ......do 30, 84. 452.19375 ......do 33, 84. 452.200 ......do. 452.20625 ......do 33. 452.2125 ......do 30. 452.21875 ......do 33. 452.225 ......do 452.23125 ......do 33. 452.2375 ......do 30. 452.24375 ......do 33. 452.250 ......do. 452.25625 ......do 33. 452.2625 ......do 30. 452.26875 ......do 33. 452.275 ......do. 452.28125 ......do 33, 84. 452.2875 ......do 30, 84. 452.29375 ......do 33, 84. 452.300 ......do. 452.30625 ......do 33, 84. 452.3125 ......do 30, 84. 452.31875 ......do 33, 84. 452.325 ......do LR 452.33125 ......do 33. 452.3375 ......do 30. 452.34375 ......do 33. 452.350 ......do. 452.35625 ......do 33. 452.3625 ......do 30. 452.36875 ......do 33. 452.375 ......do LR 452.38125 ......do 33. 452.3875 ......do 30. 452.39375 ......do 33. 452.400 ......do. 452.40625 ......do 33, 84. 452.4125 ......do 30, 84. 452.41875 ......do 33, 84. 452.425 do LR 452.43125 ......do 33. 452.4375 ......do 30. 452.44375 ......do 33. 452.450 ......do. 452.45625 ......do 33. 452.4625 ......do 30. 452.46875 ......do 33. 452.475 ......do LR 452.48125 ......do 33, 84. 452.4875 ......do 30, 84. 452.49375 ......do 33, 84. 452.500 ......do. 452.50625 ......do 33, 84. 452.5125 ......do 30, 84. 452.51875 ......do 33, 84. 452.525 ......do LA 452.53125 ......do 33, 84 LA 452.5375 ......do 30, 84 LA 452.54375 ......do 33, 84 LA 452.550 ......do LA 452.55625 ......do 33 LA 452.5625 ......do 30 LA 452.56875 ......do 33 LA 452.575 ......do LA 452.58125 ......do 33 LA 452.5875 ......do 30 LA 452.59375 ......do 33 LA 452.600 ......do LA 452.60625 ......do 33 LA 452.6125 ......do 30 LA 452.61875 ......do 33 LA 452.625 ......do. 452.63125 ......do 33, 84. 452.6375 ......do 30, 84. 452.64375 ......do 33, 84. 452.650 ......do. 452.65625 ......do 33, 84. 452.6625 ......do 30, 84. 452.66875 ......do 33, 84. 452.675 ......do. 452.68125 ......do 33, 84. 452.6875 ......do 30, 84. 452.69375 ......do 33, 84. 452.700 ......do. 452.70625 ......do 33, 84. 452.7125 ......do 30, 84. 452.71875 ......do 33, 84. 452.725 ......do. 452.73125 ......do 33. 452.7375 ......do 30. 452.74375 ......do 33. 452.750 ......do. 452.75625 ......do 33, 84. 452.7625 ......do 30, 84. 452.76875 ......do 33, 84. 452.775 ......do LR 452.78125 ......do 33, 84. 452.7875 ......do 30, 84. 452.79375 ......do 33, 84. 452.800 ......do. 452.80625 ......do 33, 84. 452.8125 ......do 30, 84. 452.81875 ......do 33, 84. 452.825 ......do LR 452.83125 ......do 33, 84. 452.8375 ......do 30, 84. 452.84375 ......do 33, 84. 452.850 ......do. 452.85625 ......do 33, 84. 452.8625 ......do 30, 84. 452.86875 ......do 33, 84. 452.875 ......do LR 452.88125 ......do 33, 84. 452.8875 ......do 30, 84. 452.89375 ......do 33, 84. 452.900 ......do LR 452.90625 ......do 33 LR 452.9125 ......do 30 LR 452.91875 ......do 33 LR 452.925 ......do 59 LR 452.93125 ......do 33, 59 LR 452.9375 ......do 30, 59 LR 452.94375 ......do 33, 59 LR 452.950 ......do 59 LR 452.95625 ......do 33, 59 LR 452.9625 ......do 30, 59 LR 452.96875 ......do 33, 59 LR 452.975 ......do. 452.98125 ......do 33, 84. 452.9875 ......do 30, 84. 452.99375 ......do 33, 84. 453.000 ......do. 453.00625 ......do 33. 453.0125 ......do 30. 453.01875 ......do 33. 454.000 ......do 8 IP. 456.00625 ......do 33 456.0125 ......do 33 456.01875 ......do 33 IW. 456.025 Mobile IW 456.03125 ......do 33 IW 456.0375 ......do 30 IW 456.04375 ......do 33 IW 456.050 ......do IW 456.05625 ......do 33 IW 456.0625 ......do 30 IW 456.06875 ......do 33 IW 456.075 ......do IW 456.08125 ......do 33 IW 456.0875 ......do 30 IW 456.09375 ......do 33 IW 456.100 ......do IW 456.10625 ......do 33 IW 456.1125 ......do 30 IW 456.11875 ......do 33 IW 456.125 ......do IW 456.13125 ......do 33 IW 456.1375 ......do 30 IW 456.14375 ......do 33 IW 456.150 ......do IW 456.15625 ......do 33 IW 456.1625 ......do 30 IW 456.16875 ......do 33 IW 456.175 ......do IP, IW 456.18125 ......do 33, 84. 456.1875 ......do 30, 84. 456.19375 ......do 33, 84. 456.200 ......do IW 456.20625 ......do 33 IW 456.2125 ......do 30 IW 456.21875 ......do 33 IW 456.225 ......do IP, IW 456.23125 ......do 33, 84. 456.2375 ......do 30, 84. 456.24375 ......do 33, 84. 456.250 ......do IW 456.25625 ......do 33 IW 456.2625 ......do 30 IW 456.26875 ......do 33 IW 456.275 ......do IP, IW 456.28125 ......do 33, 84. 456.2875 ......do 30, 84. 456.29375 ......do 33, 84. 456.300 ......do. 456.30625 ......do 33, 84. 456.3125 ......do 30, 84. 456.31875 ......do 33, 84. 456.325 ......do. 456.33125 ......do 33, 84. 456.3375 ......do 30, 84. 456.34375 ......do 33, 84. 456.350 ......do. 456.35625 ......do 33, 84. 456.3625 ......do 30, 84. 456.36875 ......do 33, 84. 456.375 ......do IP, IW 456.38125 ......do 33, 84. 456.3875 ......do 30, 84. 456.39375 ......do 33, 84. 456.400 ......do. 456.40625 ......do 33, 84. 456.4125 ......do 30, 84. 456.41875 ......do 33, 84. 456.425 ......do IP, IW 456.43125 ......do 33, 84. 456.4375 ......do 30, 84. 456.44375 ......do 33, 84. 456.450 ......do. 456.45625 ......do 33, 84. 456.4625 ......do 30, 84. 456.46875 ......do 33, 84. 456.475 ......do IP, IW 456.48125 ......do 33, 84. 456.4875 ......do 30, 84. 456.49375 ......do 33, 84. 456.500 ......do. 456.50625 ......do 33, 84. 456.5125 ......do 30, 84. 456.51875 ......do 33, 84. 456.525 ......do IP, IW 456.53125 ......do 33, 84. 456.5375 ......do 30, 84. 456.54375 ......do 33, 84. 456.550 ......do IP 456.55625 ......do 33, 84. 456.5625 ......do 30, 84. 456.56875 ......do 33, 84. 456.575 ......do IP, IW 456.58125 ......do 33, 84. 456.5875 ......do 30, 84. 456.59375 ......do 33, 84. 456.600 ......do IP 456.60625 ......do 33, 84. 456.6125 ......do 30, 84. 456.61875 ......do 33, 84. 456.625 ......do IP, IW 456.63125 ......do 33, 84. 456.6375 ......do 30, 84. 456.64375 ......do 33, 84. 456.650 ......do IP 456.65625 ......do 33, 84. 456.6625 ......do 30, 84. 456.66875 ......do 33, 84. 456.675 ......do IP, IW 456.68125 ......do 33, 84. 456.6875 ......do 30, 84. 456.69375 ......do 33, 84. 456.700 ......do IP 456.70625 ......do 33, 84. 456.7125 ......do 30, 84. 456.71875 ......do 33, 84. 456.725 ......do. 456.73125 ......do 33, 84. 456.7375 ......do 30, 84. 456.74375 ......do 33, 84. 456.750 ......do IP 456.75625 ......do 33, 84. 456.7625 ......do 30, 84. 456.76875 ......do 33, 84. 456.775 ......do. 456.78125 ......do 33. 456.7875 ......do 30. 456.79375 ......do 33. 456.800 Base, mobile, or operational fixed 17, 58. 456.80625 ......do 17, 33, 58. 456.8125 ......do 17, 30, 58. 456.81875 ......do 17, 33, 58. 456.825 Mobile. 456.83125 ......do 33. 456.8375 ......do 30. 456.84375 ......do 33. 456.850 ......do. 456.85625 ......do 33. 456.8625 ......do 30. 456.86875 ......do 33. 456.875 ......do. 456.88125 ......do 33. 456.8875 ......do 30. 456.89375 ......do 33. 456.900 ......do. 456.90625 ......do 33. 456.9125 ......do 30. 456.91875 ......do 33. 456.925 ......do. 456.93125 ......do 33. 456.9375 ......do 30. 456.94375 ......do 33. 456.950 ......do. 456.95625 ......do 33. 456.9625 ......do 30. 456.96875 ......do 33. 456.975 ......do. 456.98125 ......do 33. 456.9875 ......do 30. 456.99375 ......do 33. 457.000 ......do. 457.00625 ......do 33. 457.0125 ......do 30. 457.01875 ......do 33. 457.025 ......do. 457.03125 ......do 33, 84. 457.0375 ......do 30, 84. 457.04375 ......do 33, 84. 457.050 ......do. 457.05625 ......do 33, 84. 457.0625 ......do 30, 84. 457.06875 ......do 33, 84. 457.075 ......do. 457.08125 ......do 33, 84. 457.0875 ......do 30, 84. 457.09375 ......do 33, 84. 457.100 ......do. 457.10625 ......do 33, 84. 457.1125 ......do 30, 84. 457.11875 ......do 33, 84. 457.125 ......do. 457.13125 ......do 33, 84. 457.1375 ......do 30, 84. 457.14375 ......do 33, 84. 457.150 ......do. 457.15625 ......do 33, 84. 457.1625 ......do 30, 84. 457.16875 ......do 33, 84. 457.175 ......do. 457.18125 ......do 33, 84. 457.1875 ......do 30, 84. 457.19375 ......do 33, 84. 457.200 ......do. 457.20625 ......do 33. 457.2125 ......do 30. 457.21875 ......do 33. 457.225 ......do. 457.23125 ......do 33. 457.2375 ......do 30. 457.24375 ......do 33. 457.250 ......do. 457.25625 ......do 33. 457.2625 ......do 30. 457.26875 ......do 33. 457.275 ......do. 457.28125 ......do 33, 84. 457.2875 ......do 30, 84. 457.29375 ......do 33, 84. 457.300 ......do. 457.30625 ......do 33, 84. 457.3125 ......do 30, 84. 457.31875 ......do 33, 84. 457.325 ......do LR 457.33125 ......do 33. 457.3375 ......do 30. 457.34375 ......do 33. 457.350 ......do. 457.35625 ......do 33. 457.3625 ......do 30. 457.36875 ......do 33. 457.375 ......do LR 457.38125 ......do 33. 457.3875 ......do 30. 457.39375 ......do 33. 457.400 ......do. 457.40625 ......do 33, 84. 457.4125 ......do 30, 84. 457.41875 ......do 33, 84. 457.425 ......do LR 457.43125 ......do 33. 457.4375 ......do 30. 457.44375 ......do 33. 457.450 ......do. 457.45625 ......do 33. 457.4625 ......do 30. 457.46875 ......do 33. 457.475 ......do LR 457.48125 ......do 33, 84. 457.4875 ......do 30, 84. 457.49375 ......do 33, 84. 457.500 ......do. 457.50625 ......do 33, 84. 457.5125 ......do 30, 84. 457.51875 ......do 33, 84. 457.525 ......do 12, 47, 60. 457.53125 ......do 11, 12, 33, 47, 60. 457.5375 ......do 11, 12, 30, 47, 60. 457.54375 ......do 11, 12, 33, 47, 60. 457.550 ......do 12, 47, 60. 457.55625 ......do 11, 12, 33, 47, 60. 457.5625 ......do 12, 30, 47, 60. 457.56875 ......do 11, 12, 33, 47, 60. 457.575 ......do 12, 47, 60. 457.58125 ......do 11, 12, 33, 47, 60. 457.5875 ......do 12, 30, 47, 60. 457.59375 ......do 11, 12, 33, 47, 60. 457.600 ......do 12, 47, 60. 457.60625 ......do 11, 12, 33, 47, 60. 457.6125 ......do 12, 30, 47, 60. 457.61875 ......do 11, 12, 33, 47, 60. 457.625 ......do. 457.63125 ......do 33, 84. 457.6375 ......do 30, 84. 457.64375 ......do 33, 84. 457.650 ......do. 457.65625 ......do 33, 84. 457.6625 ......do 30, 84. 457.66875 ......do 33, 84. 457.675 ......do. 457.68125 ......do 33, 84. 457.6875 ......do 30, 84. 457.69375 ......do 33, 84. 457.700 ......do. 457.70625 ......do 33, 84. 457.7125 ......do 30, 84. 457.71875 ......do 33, 84. 457.725 ......do. 457.73125 ......do 33. 457.7375 ......do 30. 457.74375 ......do 33. 457.750 ......do. 457.75625 ......do 33. 457.7625 ......do 30. 457.76875 ......do 33. 457.775 ......do LR 457.78125 ......do 33, 84. 457.7875 ......do 30, 84. 457.79375 ......do 33, 84. 457.800 ......do. 457.80625 ......do 33, 84. 457.8125 ......do 30, 84. 457.81875 ......do 33, 84. 457.825 ......do LR 457.83125 ......do 33, 84. 457.8375 ......do 30, 84. 457.84375 ......do 33, 84. 457.850 ......do. 457.85625 ......do 33, 84. 457.8625 ......do 30, 84. 457.86875 ......do 33, 84. 457.875 ......do LR 457.88125 ......do 33, 84. 457.8875 ......do 30, 84. 457.89375 ......do 33, 84. 457.900 ......do LR 457.90625 ......do 33 LR 457.9125 ......do 30 LR 457.91875 ......do 33 LR 457.925 ......do 59 LR 457.93125 ......do 33, 59 LR 457.9375 ......do 30, 59 LR 457.94375 ......do 33, 59 LR 457.950 ......do 59 LR 457.95625 ......do 33, 59 LR 457.9625 ......do 30, 59 LR 457.96875 ......do 33, 59 LR 457.975 ......do. 457.98125 ......do 33, 84. 457.9875 ......do 30, 84. 457.99375 ......do 33, 84. 458.000 ......do. 458.00625 ......do 33. 458.0125 ......do 30. 458.01875 ......do 33. 459.000 Base or mobile 8 IP 460.650 ......do 61, 62 460.65625 ......do 33, 61, 62 460.6625 ......do 30, 61, 62, 69 460.66875 ......do 33, 61, 62 460.675 ......do 61, 62 460.68125 ......do 33, 61, 62 460.6875 ......do 30, 61, 62, 69 460.69375 ......do 33, 61, 62 460.700 ......do 61, 62 460.70625 ......do 33, 61, 62 460.7125 ......do 30, 61, 62, 69 460.71875 ......do 33, 61, 62 460.725 ......do 61, 62 460.73125 ......do 33, 61, 62 460.7375 ......do 30, 61, 62, 69 460.74375 ......do 33, 61, 62 460.750 ......do 61, 62 460.75625 ......do 33, 61, 62 460.7625 ......do 30, 61, 62, 69 460.76875 ......do 33, 61, 62 460.775 ......do 61, 62 460.78125 ......do 33, 61, 62 460.7875 ......do 30, 61, 62, 69 460.79375 ......do 33, 61, 62 460.800 ......do 61, 62 460.80625 ......do 33, 61, 62 460.8125 ......do 30, 61, 62, 69 460.81875 ......do 33, 61, 62 460.825 ......do 61, 62 460.83125 ......do 33, 61, 62 460.8375 ......do 30, 61, 62, 69 460.84375 ......do 33, 61, 62 460.850 ......do 61, 62 460.85625 ......do 33, 61, 62 460.8625 ......do 30, 61, 62, 69 460.86875 ......do 33, 61, 62 460.875 ......do 61, 62 460.88125 ......do 33, 61, 62 460.8875 ......do 30, 61, 62, 69 460.89375 ......do 33, 61, 62 460.900 ......do 63, 64, 65. 460.90625 ......do 33, 63, 65, 87. 460.9125 ......do 63, 65, 83 87. 460.91875 ......do 33, 63, 65, 87. 460.925 ......do 63, 64, 65. 460.93125 ......do 33, 63, 65, 87. 460.9375 ......do 63, 65, 83, 87. 460.94375 ......do 33, 63, 65, 87. 460.950 ......do 63, 64, 65. 460.95625 ......do 33, 63, 65, 87. 460.9625 ......do 63, 65, 83, 87. 460.96875 ......do 33, 63, 65, 87. 460.975 ......do 64, 65, 66 460.98125 ......do 33, 65, 66, 87. 460.9875 ......do 65, 66, 83, 87. 460.99375 ......do 33, 65, 66, 87. 461.000 ......do 64, 65, 66. 461.00625 ......do 33, 65, 66, 87. 461.0125 ......do 65, 66, 83, 87. 461.01875 ......do 33, 65, 66, 87. 461.025 ......do 62. 461.03125 ......do 33, 86. 461.0375 ......do 83, 86. 461.04375 ......do 33, 86. 461.050 ......do 62. 461.05625 ......do 33, 86. 461.0625 ......do 83, 86. 461.06875 ......do 33, 86. 461.075 ......do 62. 461.08125 ......do 33, 86. 461.0875 ......do 83, 86. 461.09375 ......do 33, 86. 461.100 ......do 62. 461.10625 ......do 33, 86. 461.1125 ......do 83, 86. 461.11875 ......do 33, 86. 461.125 ......do 62. 461.13125 ......do 33, 86. 461.1375 ......do 83, 86. 461.14375 ......do 33, 86. 461.150 ......do 62. 461.15625 ......do 33, . 461.1625 ......do 83, 86. 461.16875 ......do 33, 86. 461.175 ......do 62. 461.18125 ......do 33, 86. 461.1875 ......do 83, 86. 461.19375 ......do 33, 86. 461.200 ......do 62. 461.20625 ......do 33, 86. 461.2125 ......do 83, 86. 461.21875 ......do 33, 86. 461.225 ......do 62. 461.23125 ......do 33, 86. 461.2375 ......do 83, 86. 461.24375 ......do 33, 86. 461.250 ......do 62. 461.25625 ......do 33, 86. 461.2625 ......do 83, 86. 461.26875 ......do 33, 86. 461.275 ......do 62. 461.28125 ......do 33, 86. 461.2875 ......do 83, 86. 461.29375 ......do 33, 86. 461.300 ......do 62. 461.30625 ......do 33, 86. 461.3125 ......do 83, 86. 461.31875 ......do 33, 86. 461.325 ......do 62. 461.33125 ......do 33, 86. 461.3375 ......do 83, 86. 461.34375 ......do 33, 86. 461.350 ......do 62. 461.35625 ......do 33, 86. 461.3625 ......do 83, 86. 461.36875 ......do 33, 86. 461.375 ......do 62. 461.38125 ......do 33, 62. 461.3875 ......do 30, 62. 461.39375 ......do 33, 62. 461.400 ......do 62. 461.40625 ......do 33, 62. 461.4125 ......do 30, 62. 461.41875 ......do 33, 62. 461.425 ......do 62. 461.43125 ......do 33, 62. 461.4375 ......do 30, 62. 461.44375 ......do 33, 62. 461.450 ......do 62. 461.45625 ......do 33, 62. 461.4625 ......do 30, 62. 461.46875 ......do 33, 62. 461.475 ......do 62. 461.48125 ......do 33, 62. 461.4875 ......do 30, 62. 461.49375 ......do 33, 62. 461.500 ......do 62. 461.50625 ......do 33, 62. 461.5125 ......do 30, 62. 461.51875 ......do 33, 62. 461.525 ......do 62. 461.53125 ......do 33, 62. 461.5375 ......do 30, 62. 461.54375 ......do 33, 62. 461.550 ......do 62. 461.55625 ......do 33, 62. 461.5625 ......do 30, 62. 461.56875 ......do 33, 62. 461.575 ......do 62. 461.58125 ......do 33, 62. 461.5875 ......do 30, 62. 461.59375 ......do 33, 62. 461.600 ......do 62. 461.60625 ......do 33, 62. 461.6125 ......do 30, 62. 461.61875 ......do 33, 62. 461.625 ......do 62. 461.63125 ......do 33, 62. 461.6375 ......do 30, 62. 461.64375 ......do 33, 62. 461.650 ......do 62. 461.65625 ......do 33, 62. 461.6625 ......do 30, 62. 461.66875 ......do 33, 62. 461.675 ......do 62. 461.68125 ......do 33, 62. 461.6875 ......do 30, 62. 461.69375 ......do 33, 62. 461.700 ......do 62. 461.70625 ......do 33, 62. 461.7125 ......do 30, 62. 461.71875 ......do 33, 62. 461.725 ......do 62. 461.73125 ......do 33, 62. 461.7375 ......do 30, 62. 461.74375 ......do 33, 62. 461.750 ......do 62. 461.75625 ......do 33, 62. 461.7625 ......do 30, 62. 461.76875 ......do 33, 62. 461.775 ......do 62. 461.78125 ......do 33, 62. 461.7875 ......do 30, 62. 461.79375 ......do 33, 62. 461.800 ......do 62. 461.80625 ......do 33, 62. 461.8125 ......do 30, 62. 461.81875 ......do 33, 62. 461.825 ......do 62. 461.83125 ......do 33, 62. 461.8375 ......do 30, 62. 461.84375 ......do 33, 62. 461.850 ......do 62. 461.85625 ......do 33, 62. 461.8625 ......do 30, 62. 461.86875 ......do 33, 62. 461.875 ......do 62. 461.88125 ......do 33, 62. 461.8875 ......do 30, 62. 461.89375 ......do 33, 62. 461.900 ......do 62. 461.90625 ......do 33, 62. 461.9125 ......do 30, 62. 461.91875 ......do 33, 62. 461.925 ......do 62. 461.93125 ......do 33, 62. 461.9375 ......do 30, 62. 461.94375 ......do 33, 62. 461.950 ......do 62. 461.95625 ......do 33, 62. 461.9625 ......do 30, 62. 461.96875 ......do 33, 62. 461.975 ......do 62. 461.98125 ......do 33, 62. 461.9875 ......do 30, 62. 461.99375 ......do 33, 62. 462.000 ......do 62. 462.00625 ......do 33, 62. 462.0125 ......do 30, 62. 462.01875 ......do 33, 62. 462.025 ......do 62. 462.03125 ......do 33, 62. 462.0375 ......do 30, 62. 462.04375 ......do 33, 62. 462.050 ......do 62. 462.05625 ......do 33, 62. 462.0625 ......do 30, 62. 462.06875 ......do 33, 62. 462.075 ......do 62. 462.08125 ......do 33, 62. 462.0875 ......do 30, 62. 462.09375 ......do 33, 62. 462.100 ......do 62. 462.10625 ......do 33, 62. 462.1125 ......do 30, 62. 462.11875 ......do 33, 62. 462.125 ......do 62. 462.13125 ......do 33, 62. 462.1375 ......do 30, 62. 462.14375 ......do 33, 62. 462.150 ......do 62. 462.15625 ......do 33, 62. 462.1625 ......do 30, 62. 462.16875 ......do 33, 62. 462.175 ......do 62. 462.18125 ......do 33, 84. 462.1875 ......do 83, 84. 462.19375 ......do 33, 84. 462.200 ......do. 462.20625 ......do 33, 85. 462.2125 ......do 83, 85. 462.21875 ......do 33, 85. 462.225 ......do. 462.23125 ......do 33, 85. 462.2375 ......do 83, 85. 462.24375 ......do 33, 85. 462.250 ......do. 462.25625 ......do 33, 85. 462.2625 ......do 83, 85. 462.26875 ......do 33, 85. 462.275 ......do. 462.28125 ......do 33, 85. 462.2875 ......do 83, 85. 462.29375 ......do 33, 85. 462.300 ......do. 462.30625 ......do 33, 85. 462.3125 ......do 83, 85. 462.31875 ......do 33, 85. 462.325 ......do. 462.33125 ......do 33, 85. 462.3375 ......do 83, 85. 462.34375 ......do 33, 85. 462.350 ......do. 462.35625 ......do 33, 85. 462.3625 ......do 83, 85. 462.36875 ......do 33, 85. 462.375 ......do. 462.38125 ......do 33, 85. 462.3875 ......do 83, 85. 462.39375 ......do 33, 85. 462.400 ......do. 462.40625 ......do 33, 85. 462.4125 ......do 83, 85. 462.41875 ......do 33, 85. 462.425 ......do. 462.43125 ......do 33, 85. 462.4375 ......do 83, 85. 462.44375 ......do 33, 85. 462.450 ......do. 462.45625 ......do 33, 84. 462.4625 ......do 83, 84. 462.46875 ......do 33, 84. 462.475 ......do IP, IW 462.48125 ......do 33, 84. 462.4875 ......do 83, 84. 462.49375 ......do 84. 462.500 ......do. 462.50625 ......do 33, 84. 462.5125 ......do 83, 84. 462.51875 ......do 33, 84. 462.525 ......do IP, IW 462.53125 ......do 33 462.5375 ......do 2 462.7375 ......do 2 462.750 Base 29, 36 462.7625 Mobile 67, 86. 462.775 Base 29, 36. 462.7875 Mobile 67, 86. 462.800 Base 29, 36. 462.8125 Mobile 67, 86. 462.825 Base 29, 36. 462.8375 Mobile 67, 86. 462.850 Base 29, 36. 462.8625 Mobile 67, 86. 462.875 Base 29, 36. 462.8875 Mobile 67, 86. 462.900 Base 29, 36. 462.9125 Mobile 67, 86. 462.925 Base 29, 36. 462.9375 Mobile 88 462.94375 Base or mobile 33. 463.200 ......do 62. 463.20625 ......do 33, 62. 463.2125 ......do 30, 62. 463.21875 ......do 33, 62. 463.225 ......do 62. 463.23125 ......do 33, 62. 463.2375 ......do 30, 62. 463.24375 ......do 33, 62. 463.250 ......do 62. 463.25625 ......do 33, 62. 463.2625 ......do 30, 62. 463.26875 ......do 33, 62. 463.275 ......do 62. 463.28125 ......do 33, 62. 463.2875 ......do 30, 62. 463.29375 ......do 33, 62. 463.300 ......do 62. 463.30625 ......do 33, 62. 463.3125 ......do 30, 62. 463.31875 ......do 33, 62. 463.325 ......do 62. 463.33125 ......do 33, 62. 463.3375 ......do 30, 62. 463.34375 ......do 33, 62. 463.350 ......do 62. 463.35625 ......do 33, 62. 463.3625 ......do 30, 62. 463.36875 ......do 33, 62. 463.375 ......do 62. 463.38125 ......do 33, 62. 463.3875 ......do 30, 62. 463.39375 ......do 33, 62. 463.400 ......do 62. 463.40625 ......do 33, 62. 463.4125 ......do 30, 62. 463.41875 ......do 33, 62. 463.425 ......do 62. 463.43125 ......do 33, 62. 463.4375 ......do 30, 62. 463.44375 ......do 33, 62. 463.450 ......do 62. 463.45625 ......do 33, 62. 463.4625 ......do 30, 62. 463.46875 ......do 33, 62. 463.475 ......do 62. 463.48125 ......do 33, 62. 463.4875 ......do 30, 62. 463.49375 ......do 33, 62. 463.500 ......do 62. 463.50625 ......do 33, 62. 463.5125 ......do 30, 62. 463.51875 ......do 33, 62. 463.525 ......do 62. 463.53125 ......do 33, 62. 463.5375 ......do 30, 62. 463.54375 ......do 33, 62. 463.550 ......do 62. 463.55625 ......do 33, 62. 463.5625 ......do 30, 62. 463.56875 ......do 33, 62. 463.575 ......do 62. 463.58125 ......do 33, 62. 463.5875 ......do 30, 62. 463.59375 ......do 33, 62. 463.600 ......do 62. 463.60625 ......do 33, 62. 463.6125 ......do 30, 62. 463.61875 ......do 33, 62. 463.625 ......do 62. 463.63125 ......do 33, 62. 463.6375 ......do 30, 62. 463.64375 ......do 33, 62. 463.650 ......do 62. 463.65625 ......do 33, 62. 463.6625 ......do 30, 62. 463.66875 ......do 33, 62. 463.675 ......do 62. 463.68125 ......do 33, 62. 463.6875 ......do 30, 62. 463.69375 ......do 33, 62. 463.700 ......do 62. 463.70625 ......do 33, 62. 463.7125 ......do 30, 62. 463.71875 ......do 33, 62. 463.725 ......do 62. 463.73125 ......do 33, 62. 463.7375 ......do 30, 62. 463.74375 ......do 33, 62. 463.750 ......do 62. 463.75625 ......do 33, 62. 463.7625 ......do 30, 62. 463.76875 ......do 33, 62. 463.775 ......do 62. 463.78125 ......do 33, 62. 463.7875 ......do 30, 62. 463.79375 ......do 33, 62. 463.800 ......do 62. 463.80625 ......do 33, 62. 463.8125 ......do 30, 62. 463.81875 ......do 33, 62. 463.825 ......do 62. 463.83125 ......do 33, 62. 463.8375 ......do 30, 62. 463.84375 ......do 33, 62. 463.850 ......do 62. 463.85625 ......do 33, 62. 463.8625 ......do 30, 62. 463.86875 ......do 33, 62. 463.875 ......do 62. 463.88125 ......do 33, 62. 463.8875 ......do 30, 62. 463.89375 ......do 33, 62. 463.900 ......do 62. 463.90625 ......do 33, 62. 463.9125 ......do 30, 62. 463.91875 ......do 33, 62. 463.925 ......do 62. 463.93125 ......do 33, 62. 463.9375 ......do 30, 62. 463.94375 ......do 33, 62. 463.950 ......do 62. 463.95625 ......do 33, 62. 463.9625 ......do 30, 62. 463.96875 ......do 33, 62. 463.975 ......do 62. 463.98125 ......do 33, 62. 463.9875 ......do 30, 62. 463.99375 ......do 33, 62. 464.000 ......do 62. 464.00625 ......do 33, 62. 464.0125 ......do 30, 62. 464.01875 ......do 33, 62. 464.025 ......do 62. 464.03125 ......do 33, 62. 464.0375 ......do 30, 62. 464.04375 ......do 33, 62. 464.050 ......do 62. 464.05625 ......do 33, 62. 464.0625 ......do 30, 62. 464.06875 ......do 33, 62. 464.075 ......do 62. 464.08125 ......do 33, 62. 464.0875 ......do 30, 62. 464.09375 ......do 33, 62. 464.100 ......do 62. 464.10625 ......do 33, 62. 464.1125 ......do 30, 62. 464.11875 ......do 33, 62. 464.125 ......do 62. 464.13125 ......do 33, 62. 464.1375 ......do 30, 62. 464.14375 ......do 33, 62. 464.150 ......do 62. 464.15625 ......do 33, 62. 464.1625 ......do 30, 62. 464.16875 ......do 33, 62. 464.175 ......do 62. 464.18125 ......do 33, 62. 464.1875 ......do 30, 62. 464.19375 ......do 33, 62. 464.200 ......do 62. 464.20625 ......do 33, 62. 464.2125 ......do 30, 62. 464.21875 ......do 33, 62. 464.225 ......do 62. 464.23125 ......do 33, 62. 464.2375 ......do 30, 62. 464.24375 ......do 33, 62. 464.250 ......do 62. 464.25625 ......do 33, 62. 464.2625 ......do 30, 62. 464.26875 ......do 33, 62. 464.275 ......do 62. 464.28125 ......do 33, 62. 464.2875 ......do 30, 62. 464.29375 ......do 33, 62. 464.300 ......do 62. 464.30625 ......do 33, 62. 464.3125 ......do 30, 62. 464.31875 ......do 33, 62. 464.325 ......do 62. 464.33125 ......do 33, 62. 464.3375 ......do 30, 62. 464.34375 ......do 33, 62. 464.350 ......do 62. 464.35625 ......do 33, 62. 464.3625 ......do 30, 62. 464.36875 ......do 33, 62. 464.375 ......do 62. 464.38125 ......do 33, 62. 464.3875 ......do 30, 62. 464.39375 ......do 33, 62. 464.400 ......do 62. 464.40625 ......do 33, 62. 464.4125 ......do 30, 62. 464.41875 ......do 33, 62. 464.425 ......do 62. 464.43125 ......do 33, 62. 464.4375 ......do 30, 62. 464.44375 ......do 33, 62. 464.450 ......do 62. 464.45625 ......do 33, 62. 464.4625 ......do 30, 62. 464.46875 ......do 33, 62. 464.475 ......do 62. 464.48125 ......do 33, 86. 464.4875 ......do 83, 86. 464.500 ......do 10, 34. 464.5125 ......do 83, 86. 464.51875 ......do 33, 86. 464.525 ......do 62. 464.53125 ......do 33, 86. 464.5375 ......do 83, 86. 464.550 ......do 10, 34. 464.5625 ......do 83, 86. 464.56875 ......do 33, . 464.575 ......do 62. 464.58125 ......do 33, 62. 464.5875 ......do 30, 62. 464.59375 ......do 33, 62. 464.600 ......do 62. 464.60625 ......do 33, 62. 464.6125 ......do 30, 62. 464.61875 ......do 33, 62. 464.625 ......do 62. 464.63125 ......do 33, 62. 464.6375 ......do 30, 62. 464.64375 ......do 33, 62. 464.650 ......do 62. 464.65625 ......do 33, 62. 464.6625 ......do 30, 62. 464.66875 ......do 33, 62. 464.675 ......do 62. 464.68125 ......do 33, 62. 464.6875 ......do 30, 62. 464.69375 ......do 33, 62. 464.700 ......do 62. 464.70625 ......do 33, 62. 464.7125 ......do 30, 62. 464.71875 ......do 33, 62. 464.725 ......do 62. 464.73125 ......do 33, 62. 464.7375 ......do 30, 62. 464.74375 ......do 33, 62. 464.750 ......do 62. 464.75625 ......do 33, 62. 464.7625 ......do 30, 62. 464.76875 ......do 33, 62. 464.775 ......do 62. 464.78125 ......do 33, 62. 464.7875 ......do 30, 62. 464.79375 ......do 33, 62. 464.800 ......do 62. 464.80625 ......do 33, 62. 464.8125 ......do 30, 62. 464.81875 ......do 33, 62. 464.825 ......do 62. 464.83125 ......do 33, 62. 464.8375 ......do 30, 62. 464.84375 ......do 33, 62. 464.850 ......do 62. 464.85625 ......do 33, 62. 464.8625 ......do 30, 62. 464.86875 ......do 33, 62. 464.875 ......do 62. 464.88125 ......do 33, 62. 464.8875 ......do 30, 62. 464.89375 ......do 33, 62. 464.900 ......do 62. 464.90625 ......do 33, 62. 464.9125 ......do 30, 62. 464.91875 ......do 33, 62. 464.925 ......do 62. 464.93125 ......do 33, 62. 464.9375 ......do 30, 62. 464.94375 ......do 33, 62. 464.950 ......do 62. 464.95625 ......do 33, 62. 464.9625 ......do 30, 62. 464.96875 ......do 33, 62. 464.975 ......do 62. 464.98125 ......do 33, 62. 464.9875 Mobile 67. 465.000 Base 29, 34, 36. 465.0125 Mobile 88. 465.01875 ......do 33, 34. 465.650 ......do 62, 68 465.65625 ......do 33, 62, 68 465.6625 ......do 30, 62, 68, 69 465.66875 ......do 33, 62, 68 465.675 ......do 62, 68 465.68125 ......do 33, 62, 68 465.6875 ......do 30, 62, 68, 69 465.69375 ......do 33, 62, 68 465.700 ......do 62, 68 465.70625 ......do 33, 62, 68 465.7125 ......do 30, 62, 68, 69 465.71875 ......do 33, 62, 68 465.725 ......do 62, 68 465.73125 ......do 33, 62, 68 465.7375 ......do 30, 62, 68, 69 465.74375 ......do 33, 62, 68 465.750 ......do 62, 68 465.75625 ......do 33, 62, 68 465.7625 ......do 30, 62, 68, 69 465.76875 ......do 33, 62, 68 465.775 ......do 62, 68 465.78125 ......do 33, 62, 68 465.7875 ......do 30, 62, 68, 69 465.79375 ......do 33, 62, 68 465.800 ......do 62, 68 465.80625 ......do 33, 62, 68 465.8125 ......do 30, 62, 68, 69 465.81875 ......do 33, 62, 68 465.825 ......do 62, 68 465.83125 ......do 33, 62, 68 465.8375 ......do 30, 62, 68, 69 465.84375 ......do 33, 62, 68 465.850 ......do 62, 68 465.85625 ......do 33, 62, 68 465.8625 ......do 30, 62, 68, 69 465.86875 ......do 33, 62, 68 465.875 ......do 62, 68 465.88125 ......do 33, 62, 68 465.8875 ......do 30, 62, 68, 69 465.89375 ......do 33, 62, 68 465.900 ......do 63, 64. 465.90625 ......do 33, 63, 87. 465.9125 ......do 63, 83, 87. 465.91875 ......do 33, 63, 87. 465.925 ......do 63, 64. 465.93125 ......do 33, 63, 87. 465.9375 ......do 63, 83, 87. 465.94375 ......do 33, 63, 87. 465.950 ......do 63, 64. 465.95625 ......do 33, 63, 87. 465.9625 ......do 63, 83, 87. 465.96875 ......do 33, 63, 64. 465.975 ......do 64, 66. 465.98125 ......do 33, 66, 87. 465.9875 ......do 66, 83, 87. 465.99375 ......do 33, 66, 87. 466.000 ......do 64, 66. 466.00625 ......do 33, 66, 87. 466.0125 ......do 66, 69, 83, 87. 466.01875 ......do 33, 66, 87. 466.025 ......do 62. 466.03125 ......do 33, 86. 466.0375 ......do 83, 86. 466.04375 ......do 33, 86. 466.050 ......do 62. 466.05625 ......do 33, 86. 466.0625 ......do 83, 86. 466.06875 ......do 33, 86. 466.075 ......do 62. 466.08125 ......do 33, 86. 466.0875 ......do 83, 86. 466.09375 ......do 33, 86. 466.100 ......do 62. 466.10625 ......do 33, 86. 466.1125 ......do 83, 86. 466.11875 ......do 33, 86. 466.125 ......do 62. 466.13125 ......do 33, 86. 466.1375 ......do 83, 86. 466.14375 ......do 33, 86. 466.150 ......do 62. 466.15625 ......do 33, 86. 466.1625 ......do 83, 86. 466.16875 ......do 33, 86. 466.175 ......do 62. 466.18125 ......do 33, 84. 466.1875 ......do 83, 84. 466.19375 ......do 33, 84. 466.200 ......do 62. 466.20625 ......do 33, 85. 466.2125 ......do 83, 85. 466.21875 ......do 33, 85. 466.225 ......do 62. 466.23125 ......do 33, 85. 466.2375 ......do 83, 85. 466.24375 ......do 33, 85. 466.250 ......do 62. 466.25625 ......do 33, 85. 466.2625 ......do 83, 85. 466.26875 ......do 33, 85. 466.275 ......do 62. 466.28125 ......do 33, 85. 466.2875 ......do 83, 85. 466.29375 ......do 33, 85. 466.300 ......do 62. 466.30625 ......do 33, 85. 466.3125 ......do 83, 85. 466.31875 ......do 33, 85. 466.325 ......do 62. 466.33125 ......do 33, 85. 466.3375 ......do 83, 85. 466.34375 ......do 33, 85. 466.350 ......do 62. 466.35625 ......do 33, 85. 466.3625 ......do 83, 85. 466.36875 ......do 33, 85. 466.375 ......do 62. 466.38125 ......do 33, 85. 466.3875 ......do 83, 85. 466.39375 ......do 33, 85. 466.400 ......do 62. 466.40625 ......do 33, 85. 466.4125 ......do 83, 85. 466.41875 ......do 33, 85. 466.425 ......do 62. 466.43125 ......do 33, 85. 466.4375 ......do 83, 85. 466.44375 ......do 33, 85. 466.450 ......do 62. 466.45625 ......do 33, 84. 466.4625 ......do 83, 84. 466.46875 ......do 33, 84. 466.475 ......do 62. 466.48125 ......do 33, 84. 466.4875 ......do 83, 84. 466.49375 ......do 33, 84. 466.500 ......do 62. 466.50625 ......do 33, 84. 466.5125 ......do 83, 84. 466.51875 ......do 33, 84. 466.525 ......do 62. 466.53125 ......do 33, 62. 466.5375 ......do 30, 62. 466.54375 ......do 33, 62. 466.550 ......do 62. 466.55625 ......do 33, 62. 466.5625 ......do 30, 62. 466.56875 ......do 33, 62. 466.575 ......do 62. 466.58125 ......do 33, 62. 466.5875 ......do 30, 62. 466.59375 ......do 33, 62. 466.600 ......do 62. 466.60625 ......do 33, 62. 466.6125 ......do 30, 62. 466.61875 ......do 33, 62. 466.625 ......do 62. 466.63125 ......do 33, 62. 466.6375 ......do 30, 62. 466.64375 ......do 33, 62. 466.650 ......do 62. 466.65625 ......do 33, 62. 466.6625 ......do 30, 62. 466.66875 ......do 33, 62. 466.675 ......do 62. 466.68125 ......do 33, 62. 466.6875 ......do 30, 62. 466.69375 ......do 33, 62. 466.700 ......do 62. 466.70625 ......do 33, 62. 466.7125 ......do 30, 62. 466.71875 ......do 33, 62. 466.725 ......do 62. 466.73125 ......do 33, 62. 466.7375 ......do 30, 62. 466.74375 ......do 33, 62. 466.750 ......do 62. 466.75625 ......do 33, 62. 466.7625 ......do 30, 62. 466.76875 ......do 33, 62. 466.775 ......do 62. 466.78125 ......do 33, 62. 466.7875 ......do 30, 62. 466.79375 ......do 33, 62. 466.800 ......do 62. 466.80625 ......do 33, 62. 466.8125 ......do 30, 62. 466.81875 ......do 33, 62. 466.825 ......do 62. 466.83125 ......do 33, 62. 466.8375 ......do 30, 62. 466.84375 ......do 33, 62. 466.850 ......do 62. 466.85625 ......do 33, 62. 466.8625 ......do 67, 86. 466.86875 ......do 33, 62. 466.875 ......do 62. 466.88125 ......do 33, 62. 466.8875 ......do 67, 86. 466.89375 ......do 33, 62. 466.900 ......do 62. 466.90625 ......do 33, 62. 466.9125 ......do 67, 86. 466.91875 ......do 33, 62. 466.925 ......do 62. 466.93125 ......do 33, 62. 466.9375 ......do 88. 466.94375 ......do 33, 62. 466.950 ......do 62. 466.95625 ......do 33, 62. 466.9625 ......do 30, 62. 466.96875 ......do 33, 62. 466.975 ......do 62. 466.98125 ......do 33, 62. 466.9875 ......do 30, 62. 466.99375 ......do 33, 62. 467.000 ......do 62. 467.00625 ......do 33, 62. 467.0125 ......do 30, 62. 467.01875 ......do 33, 62. 467.025 ......do 62. 467.03125 ......do 33, 62. 467.0375 ......do 30, 62. 467.04375 ......do 33, 62. 467.050 ......do 62. 467.05625 ......do 33, 62. 467.0625 ......do 30, 62. 467.06875 ......do 33, 62. 467.075 ......do 62. 467.08125 ......do 33, 62. 467.0875 ......do 30, 62. 467.09375 ......do 33, 62. 467.100 ......do 62. 467.10625 ......do 33, 62. 467.1125 ......do 30, 62. 467.11875 ......do 33, 62. 467.125 ......do 62. 467.13125 ......do 33, 62. 467.1375 ......do 30, 62. 467.14375 ......do 33, 62. 467.150 ......do 62. 467.15625 ......do 33, 62. 467.1625 ......do 30, 62. 467.16875 ......do 33, 62. 467.175 ......do 62. 467.18125 ......do 33, 62. 467.1875 ......do 30, 62. 467.19375 ......do 33, 62. 467.200 ......do. 467.20625 ......do 33. 467.2125 ......do 30. 467.21875 ......do 33. 467.225 ......do. 467.23125 ......do 33. 467.2375 ......do 30. 467.24375 ......do 33. 467.250 ......do. 467.25625 ......do 33. 467.2625 ......do 30. 467.26875 ......do 33. 467.275 ......do. 467.28125 ......do 33. 467.2875 ......do 30. 467.29375 ......do 33. 467.300 ......do. 467.30625 ......do 33. 467.3125 ......do 30. 467.31875 ......do 33. 467.325 ......do. 467.33125 ......do 33. 467.3375 ......do 30. 467.34375 ......do 33. 467.350 ......do. 467.35625 ......do 33. 467.3625 ......do 30. 467.36875 ......do 33. 467.375 ......do. 467.38125 ......do 33. 467.3875 ......do 30. 467.39375 ......do 33. 467.400 ......do. 467.40625 ......do 33. 467.4125 ......do 30. 467.41875 ......do 33. 467.425 ......do. 467.43125 ......do 33. 467.4375 ......do 30. 467.44375 ......do 33. 467.450 ......do. 467.45625 ......do 33. 467.4625 ......do 30. 467.46875 ......do 33. 467.475 ......do IP, IW 467.48125 ......do 33. 467.4875 ......do 30. 467.49375 ......do 33. 467.500 ......do. 467.50625 ......do 33. 467.5125 ......do 30. 467.51875 ......do 33. 467.525 ......do IP, IW 467.53125 ......do 33 467.5375 ......do 2 467.7375 ......do 2 467.74375 ......do 33, 62 467.750 ......do 11, 12, 35, 60. 467.75625 ......do 11, 12, 33, 35, 60. 467.7625 ......do 11, 12, 30, 35, 60. 467.76875 ......do 11, 12, 33, 35, 60. 467.775 ......do 11, 12, 35, 60. 467.78125 ......do 11, 12, 33, 35, 60. 467.7875 ......do 11, 12, 30, 35, 60. 467.79375 ......do 11, 12, 33, 35, 60. 467.800 ......do 11, 12, 35, 60. 467.80625 ......do 11, 12, 33, 35, 60. 467.8125 ......do 11, 12, 30, 35, 60. 467.81875 ......do 11, 12, 33, 35, 60. 467.825 ......do 11, 12, 35, 60. 467.83125 ......do 11, 12, 33, 35, 60. 467.8375 ......do 11, 12, 30, 35, 60. 467.850 ......do 11, 12, 35. 467.8625 ......do 67. 467.875 ......do 11, 12, 35. 467.8875 ......do 67. 467.900 ......do 11, 12, 35. 467.9125 ......do 67. 467.925 ......do 11, 12, 35. 467.93125 ......do 33. 467.9375 ......do 30, 67. 467.94375 ......do 33. 468.200 ......do 62. 468.20625 ......do 33, 62. 468.2125 ......do 30, 62. 468.21875 ......do 33, 62. 468.225 ......do 62. 468.23125 ......do 33, 62. 468.2375 ......do 30, 62. 468.24375 ......do 33, 62. 468.250 ......do 62. 468.25625 ......do 33, 62. 468.2625 ......do 30, 62. 468.26875 ......do 33, 62. 468.275 ......do 62. 468.28125 ......do 33, 62. 468.2875 ......do 30, 62. 468.29375 ......do 33, 62. 468.300 ......do 62. 468.30625 ......do 33, 62. 468.3125 ......do 30, 62. 468.31875 ......do 33, 62. 468.325 ......do 62. 468.33125 ......do 33, 62. 468.3375 ......do 30, 62. 468.34375 ......do 33, 62. 468.350 ......do 62. 468.35625 ......do 33, 62. 468.3625 ......do 30, 62. 468.36875 ......do 33, 62. 468.375 ......do 62. 468.38125 ......do 33, 62. 468.3875 ......do 30, 62. 468.39375 ......do 33, 62. 468.400 ......do 62. 468.40625 ......do 33, 62. 468.4125 ......do 30, 62. 468.41875 ......do 33, 62. 468.425 ......do 62. 468.43125 ......do 33, 62. 468.4375 ......do 30, 62. 468.44375 ......do 33, 62. 468.450 ......do 62. 468.45625 ......do 33, 62. 468.4625 ......do 30, 62. 468.46875 ......do 33, 62. 468.475 ......do 62. 468.48125 ......do 33, 62. 468.4875 ......do 30, 62. 468.49375 ......do 33, 62. 468.500 ......do 62. 468.50625 ......do 33, 62. 468.5125 ......do 30, 62. 468.51875 ......do 33, 62. 468.525 ......do 62. 468.53125 ......do 33, 62. 468.5375 ......do 30, 62. 468.54375 ......do 33, 62. 468.550 ......do 62. 468.55625 ......do 33, 62. 468.5625 ......do 30, 62. 468.56875 ......do 33, 62. 468.575 ......do 62. 468.58125 ......do 33, 62. 468.5875 ......do 30, 62. 468.59375 ......do 33, 62. 468.600 ......do 62. 468.60625 ......do 33, 62. 468.6125 ......do 30, 62. 468.61875 ......do 33, 62. 468.625 ......do 62. 468.63125 ......do 33, 62. 468.6375 ......do 30, 62. 468.64375 ......do 33, 62. 468.650 ......do 62. 468.65625 ......do 33, 62. 468.6625 ......do 30, 62. 468.66875 ......do 33, 62. 468.675 ......do 62. 468.68125 ......do 33, 62. 468.6875 ......do 30, 62. 468.69375 ......do 33, 62. 468.700 ......do 62. 468.70625 ......do 33, 62. 468.7125 ......do 30, 62. 468.71875 ......do 33, 62. 468.725 ......do 62. 468.73125 ......do 33, 62. 468.7375 ......do 30, 62. 468.74375 ......do 33, 62. 468.750 ......do 62. 468.75625 ......do 33, 62. 468.7625 ......do 30, 62. 468.76875 ......do 33, 62. 468.775 ......do 62. 468.78125 ......do 33, 62. 468.7875 ......do 30, 62. 468.79375 ......do 33, 62. 468.800 ......do 62. 468.80625 ......do 33, 62. 468.8125 ......do 30, 62. 468.81875 ......do 33, 62. 468.825 ......do 62. 468.83125 ......do 33, 62. 468.8375 ......do 30, 62. 468.84375 ......do 33, 62. 468.850 ......do 62. 468.85625 ......do 33, 62. 468.8625 ......do 30, 62. 468.86875 ......do 33, 62. 468.875 ......do 62. 468.88125 ......do 33, 62. 468.8875 ......do 30, 62. 468.89375 ......do 33, 62. 468.900 ......do 62. 468.90625 ......do 33, 62. 468.9125 ......do 30, 62. 468.91875 ......do 33, 62. 468.925 ......do 62. 468.93125 ......do 33, 62. 468.9375 ......do 30, 62. 468.94375 ......do 33, 62. 468.950 ......do 62. 468.95625 ......do 33, 62. 468.9625 ......do 30, 62. 468.96875 ......do 33, 62. 468.975 ......do 62. 468.98125 ......do 33, 62. 468.9875 ......do 30, 62. 468.99375 ......do 33, 62. 469.000 ......do 62. 469.00625 ......do 33, 62. 469.0125 ......do 30, 62. 469.01875 ......do 33, 62. 469.025 ......do 62. 469.03125 ......do 33, 62. 469.0375 ......do 30, 62. 469.04375 ......do 33, 62. 469.050 ......do 62. 469.05625 ......do 33, 62. 469.0625 ......do 30, 62. 469.06875 ......do 33, 62. 469.075 ......do 62. 469.08125 ......do 33, 62. 469.0875 ......do 30, 62. 469.09375 ......do 33, 62. 469.100 ......do 62. 469.10625 ......do 33, 62. 469.1125 ......do 30, 62. 469.11875 ......do 33, 62. 469.125 ......do 62. 469.13125 ......do 33, 62. 469.1375 ......do 30, 62. 469.14375 ......do 33, 62. 469.150 ......do 62. 469.15625 ......do 33, 62. 469.1625 ......do 30, 62. 469.16875 ......do 33, 62. 469.175 ......do 62. 469.18125 ......do 33, 62. 469.1875 ......do 30, 62. 469.19375 ......do 33, 62. 469.200 ......do 62. 469.20625 ......do 33, 62. 469.2125 ......do 30, 62. 469.21875 ......do 33, 62. 469.225 ......do 62. 469.23125 ......do 33, 62. 469.2375 ......do 30, 62. 469.24375 ......do 33, 62. 469.250 ......do 62. 469.25625 ......do 33, 62. 469.2625 ......do 30, 62. 469.26875 ......do 33, 62. 469.275 ......do 62. 469.28125 ......do 33, 62. 469.2875 ......do 30, 62. 469.29375 ......do 33, 62. 469.300 ......do 62. 469.30625 ......do 33, 62. 469.3125 ......do 30, 62. 469.31875 ......do 33, 62. 469.325 ......do 62. 469.33125 ......do 33, 62. 469.3375 ......do 30, 62. 469.34375 ......do 33, 62. 469.350 ......do 62. 469.35625 ......do 33, 62. 469.3625 ......do 30, 62. 469.36875 ......do 33, 62. 469.375 ......do 62. 469.38125 ......do 33, 62. 469.3875 ......do 30, 62. 469.39375 ......do 33, 62. 469.400 ......do 62. 469.40625 ......do 33, 62. 469.4125 ......do 30, 62. 469.41875 ......do 33, 62. 469.425 ......do 62. 469.43125 ......do 33, 62. 469.4375 ......do 30, 62. 469.44375 ......do 33, 62. 469.450 ......do 62. 469.45625 ......do 33, 62. 469.4625 ......do 30, 62. 469.46875 ......do 33, 62. 469.475 ......do 62. 469.48125 ......do 33, 86. 469.4875 ......do 83, 86. 469.500 ......do 10, 34. 469.5125 ......do 83, 86. 469.51875 ......do 33, 86. 469.525 ......do 62. 469.53125 ......do 33, 86. 469.5375 ......do 83, 86. 469.550 ......do 10, 34. 469.5625 ......do 83, 86. 469.56875 ......do 33, 86. 469.575 ......do 62. 469.58125 ......do 33, 62. 469.5875 ......do 30, 62. 469.59375 ......do 33, 62. 469.600 ......do 62. 469.60625 ......do 33, 62. 469.6125 ......do 30, 62. 469.61875 ......do 33, 62. 469.625 ......do 62. 469.63125 ......do 33, 62. 469.6375 ......do 30, 62. 469.64375 ......do 33, 62. 469.650 ......do 62. 469.65625 ......do 33, 62. 469.6625 ......do 30, 62. 469.66875 ......do 33, 62. 469.675 ......do 62. 469.68125 ......do 33, 62. 469.6875 ......do 30, 62. 469.69375 ......do 33, 62. 469.700 ......do 62. 469.70625 ......do 33, 62. 469.7125 ......do 30, 62. 469.71875 ......do 33, 62. 469.725 ......do 62. 469.73125 ......do 33, 62. 469.7375 ......do 30, 62. 469.74375 ......do 33, 62. 469.750 ......do 62. 469.75625 ......do 33, 62. 469.7625 ......do 30, 62. 469.76875 ......do 33, 62. 469.775 ......do 62. 469.78125 ......do 33, 62. 469.7875 ......do 30, 62. 469.79375 ......do 33, 62. 469.800 ......do 62. 469.80625 ......do 33, 62. 469.8125 ......do 30, 62. 469.81875 ......do 33, 62. 469.825 ......do 62. 469.83125 ......do 33, 62. 469.8375 ......do 30, 62. 469.84375 ......do 33, 62. 469.850 ......do 62. 469.85625 ......do 33, 62. 469.8625 ......do 30, 62. 469.86875 ......do 33, 62. 469.875 ......do 62. 469.88125 ......do 33, 62. 469.8875 ......do 30, 62. 469.89375 ......do 33, 62. 469.900 ......do 62. 469.90625 ......do 33, 62. 469.9125 ......do 30, 62. 469.91875 ......do 33, 62. 469.925 ......do 62. 469.93125 ......do 33, 62. 469.9375 ......do 30, 62. 469.94375 ......do 33, 62. 469.950 ......do 62. 469.95625 ......do 33, 62. 469.9625 ......do 30, 62. 469.96875 ......do 33, 62. 469.975 ......do 62. 469.98125 ......do 33, 62. 470 to 512 Base or mobile 70. 809 to 824 Mobile 71 854 to 869 Base or mobile 71 896 to 901 Mobile 71. 928 and above Operational fixed 72. 929 to 930 Base only 73. 935 to 940 Base or mobile 71. 1427 to 1432 Base, mobile or operational fixed. 55 2,450 to 2,500 Base or mobile 74. 5895-5925 ......do 90, 91 Not applicable. 10,550 to 10, 680 ......do 76. ( c ) Explanation of assignment limitations appearing in the frequency table of paragraph (b)(3) of this section: ( 1 ) Use of this frequency is permitted as follows: ( i ) Only entities engaged in the following activities are eligible to use this spectrum, and then only in accordance with § 90.266 : ( A ) Prospecting for petroleum, natural gas or petroleum products; ( B ) Distribution of electric power or the distribution by pipeline of fuels or water; ( C ) Exploration, its support services, and the repair of pipelines; or ( D ) The repair of telecommunications circuits. ( ii ) Except as provided in this part, licensees may not use these frequencies in the place of other operational circuits permitted by the Commission's rules. Circuits operating on these frequencies may be used only for the following purposes: ( A ) Providing standby backup communications for circuits which have been disrupted and which directly affect the safety of life, property, or the national interest or are used for coordinating inter-utility, intra-utility, and power pool distribution of electric power; ( B ) Providing operational circuits during exploration; ( C ) Coordinating the repair of inter-utility, intra-utility, and power pool electric power distribution networks, or the repair of pipelines; ( D ) Exploratory efforts in mining for solid fuels, minerals, and metals important to the national interest; ( E ) Repair of pipelines used for the transmission of fuel or water; ( F ) Services supporting the exploration for energy or mineral resources important to the national interest, without which such exploration cannot be conducted; or ( G ) Coordinating the repair of wireline or point-to-point microwave circuits. ( 2 ) This frequency will be assigned with an authorized bandwidth not to exceed 4 kHz. ( 3 ) This frequency is available for assignment only to stations utilized for geophysical purposes. ( 4 ) Geophysical operations may use tone or impulse signaling for purposes other than indicating failure of equipment or abnormal conditions on this frequency. All such tone or impulse signaling shall be on a secondary basis and subject to the following limitations: ( i ) Maximum duration of a single non-voice transmission may not exceed 3 minutes; ( ii ) The bandwidth utilized for secondary tone or impulse signaling shall not exceed that authorized to the licensee for voice emission on the frequency concerned; ( iii ) Frequency loading resulting from the use of secondary tone or impulse signaling will not be considered in whole or in part, as a justification for authorizing additional frequencies in the licensee's mobile service system; and ( iv ) The maximum transmitter output power for tone or impulse transmissions shall not exceed 50 watts. ( 5 ) Frequencies below 25 MHz will be assigned to base or mobile stations only upon a satisfactory showing that, from a safety of life standpoint, frequencies above 25 MHz will not meet the operational requirements of the applicant. ( 6 ) Frequencies may be assigned in pairs with the separation between base and mobile transmit frequencies being 5.26 MHz. A mobile station may be assigned the frequency which would normally be assigned to a base station for single frequency operation. However, this single-frequency operation may be subject to interference that would not occur to a two-frequency system. Base or mobile stations operating wholly within Standard Metropolitan Areas having 50,000 or more population (1950 Census) must be operated in the half-duplex mode. ( 7 ) This frequency is available for assignment to geophysical stations on a secondary basis to other licensees. Geophysical stations must cease operations on this frequency immediately upon receiving notice that interference is being caused to mobile service stations. ( 8 ) This frequency is primarily available for oil spill containment and cleanup operations and for training and drills essential in the preparations for the containment and cleanup of oil spills. It is secondarily available for general base-mobile operations on a noninterference basis. Secondary users of this frequency are required to forego its use should oil spill containment and cleanup activities be present in their area of operation or upon notice by the Commission or a primary user that harmful interference is being caused to oil spill containment or cleanup activities in other areas. ( 9 ) Operation on this frequency is secondary to stations in the maritime mobile service operating in accordance with the International table of frequency allocations. ( 10 ) This frequency will be assigned only to stations used in itinerant operations, except within 56 km (35 miles) of Detroit, Mich., where it may be assigned for either itinerant or permanent area operations ( i.e., general use). ( 11 ) Operation on this frequency is limited to a maximum output power of 2 watts; and each station authorized will be classified and licensed as a mobile station. Any units of such a station, however, may provide the operational functions of a base or fixed station on a secondary basis to mobile service operations, Provided, that the separation between the control point and the center of the radiating portion of the antenna of any units so used does not exceed 8 m (25 ft.). ( 12 ) This frequency may not be used aboard aircraft in flight. ( 13 ) This frequency is shared with the Public Safety Pool. ( 14 ) Operation on this frequency is limited to a maximum output power of 1 watt and each station authorized will be classified and licensed as a mobile station. Any units of such a station, however, may provide the operational functions of a base or fixed station on a secondary basis to mobile service operations, provided that the separation between the control point and the center of the radiating portion of the antenna of any units so used does not exceed 8m (25 ft.). ( 15 ) This Government frequency is available for shared Government/non-Government use by stations engaged in oil spill containment and cleanup operations and for training and drills essential in the preparation for containment and cleanup of oil spills. Such use will be confined to inland and coastal waterways. ( 16 ) This frequency may be assigned only to stations operating in an interconnected or coordinated utility system in accordance with an operational communications plan which sets forth all points of communications. Authorizations at variance with an established operational communications plan will be made only on a secondary basis. ( 17 ) This frequency will be assigned only to stations used in itinerant operations. ( 18 ) This frequency is also used on a secondary basis for cordless telephones under part 15 of this chapter . ( 19 ) In addition to single frequency operation, this frequency is available to base and mobile stations for the paired frequency mode of operation. For two frequency systems, the separation between base and mobile transmit frequencies is 500 kHz with the base stations transmitting on the higher of the two frequencies. ( 20 ) In the State of Alaska only, the frequency 44.10 MHz is available for assignment on a primary basis to stations in the Common Carrier Rural Radio Service utilizing meteor burst communications. The frequency may be used by private radio stations for meteor burst communications on a secondary, non-interference basis. Usage shall be in accordance with parts 22 and 90 of this chapter . Stations utilizing meteor burst communications shall not cause harmful interference to stations of other radio services operating in accordance with the allocation table. ( 21 ) In the State of Alaska only, the frequency 44.20 MHz is available for assignment on a primary basis to private land mobile radio stations utilizing meteor burst communications. The frequency may be used by common carrier stations for meteor burst communications on a secondary, non-interference basis. Usage shall be in accordance with parts 22 and 90 of this chapter . Stations utilizing meteor burst communications shall not cause harmful interference to stations of other radio services operating in accordance with the allocation table. ( 22 ) The frequencies available for use at operational fixed stations in the band 72-76 MHz are listed in § 90.257(a)(1) . These frequencies are shared with other services and are available only in accordance with the provisions of § 90.257 . Seismic telemetry transmitters certificated with 1 watt or less power and a frequency tolerance not exceeding ±0.005% may be used as temporary operational fixed stations. ( 23 ) This frequency is shared with fixed stations in other services and is subject to no protection from interference. ( 24 ) All operations on this frequency are subject to the provisions of § 90.257(b) . ( 25 ) This frequency is shared with the Radio Control (R/C) Service, of the part 95 Personal Radio Services, where it is used solely for the radio control of models. ( 26 ) Pulsed modulations will not be authorized on this frequency. ( 27 ) Assignment of frequencies in this band are subject to the provisions of § 90.173 . In the 150-170 MHz band, licensees as of August 18, 1995 who operate systems that are 2.5 kHz removed from regularly assignable frequencies may continue to operate on a secondary, non-interference basis after August 1, 2003. ( 28 ) In Puerto Rico and the Virgin Islands this frequency is subject to the following: ( i ) This frequency is assigned only for one-way paging communications to mobile receivers. Only A1D, A2D, A3E, F1D, F2D, F3E, or G3E emissions may be authorized. Licensees may provide one-way paging communications on this frequency to individuals, persons eligible for licensing under subparts B or C of this part , to representatives of Federal Government agencies, and foreign governments and their representatives; and ( ii ) This frequency will not be assigned to stations for use at temporary locations. ( 29 ) This frequency will be authorized a channel bandwidth of 25 kHz. Except when limited elsewhere, one-way paging transmitters on this frequency may operate with an output power of 350 watts. ( 30 ) This frequency will be assigned with an authorized bandwidth not to exceed 11.25 kHz. In the 450-470 MHz band, secondary telemetry operations pursuant to § 90.238(e) will be authorized on this frequency. ( 31 ) Use of this frequency is limited to stations located in Puerto Rico and the Virgin Islands. ( 32 ) This frequency is not available to stations located in Puerto Rico and the Virgin Islands. ( 33 ) This frequency will be assigned with an authorized bandwidth not to exceed 6 kHz. ( 34 ) Operation on this frequency is limited to a maximum output power of 35 watts. ( 35 ) This frequency may be used for mobile operation for radio remote control and telemetering functions. A1D, A2D, F1D, or F2D emission may be authorized and mobile stations used to control remote objects or devices may be operated on the continuous carrier transmit mode. ( 36 ) This frequency is assigned only for one-way paging communications to mobile receivers. Only A1D, A2D, A3E, F1D, F2D, F3E, or G3E emissions may be authorized. Licensees may provide one-way paging communications on this frequency to individuals, persons eligible for licensing under subparts B or C of this part , to representatives of Federal Government agencies, and foreign governments and their representatives. ( 37 ) This frequency is available on a secondary basis to one-way paging communications. ( 38 ) This frequency will not be assigned to stations for use at temporary locations. ( 39 ) For FM transmitters the sum of the highest modulating frequency and the amount of frequency deviation may not exceed 2.8 kHz and the maximum frequency deviation may not exceed 2.5 kHz. For AM transmitters the highest modulating frequency may not exceed 2.0 kHz. The carrier frequency must be maintained within 0.0005 percent, and the authorized bandwidth may not exceed 6 kHz. ( 40 ) This frequency is shared with the Public Safety Pool for remote control and telemetry operations. ( 41 ) Operational fixed stations must employ directional antennas having a front-to-back ratio of at least 20 dB. Omnidirectional antennas having unity gain may be employed for stations communicating with at least three receiving locations separated by 160 deg. of azimuth. ( 42 ) The maximum effective radiated power (ERP) may not exceed 20 watts for fixed stations and 2 watts for mobile stations. The height of the antenna system may not exceed 15.24 meters (50 ft.) above the ground. All such operation is on a secondary basis to adjacent channel land mobile operations. ( 43 ) This frequency is available for the following: ( i ) Assignment to multiple address fixed stations employing omnidirectional antennas used for power utility peak load shaving and shedding and to mobile stations used for the remote control of objects and devices. The maximum power that may be authorized to fixed stations is 300 watts output, and the maximum power that may be authorized for mobile stations is 1 watt output. This frequency may also be assigned to operational fixed stations employing directional antenna systems (front-to-back ratio of 20 dB) when such stations are located at least 120 km. (75 mi.) from the boundaries of any urbanized area of 200,000 or more population. (U.S. Census of Population, 1960). The maximum power output of the transmitter for such fixed stations may not exceed 50 watts. A1A, A1D, A2B, A2D, F1B, F1D, F2B, F2D, G1B, G1D, G2B, or G2D emission may be authorized; or ( ii ) On a secondary basis for remote control and telemetry operations, subject to paragraphs (c)(41) , (42) , (43) , (46) , and (47) of this section. ( 44 ) The maximum output power of the transmitter may not exceed 50 watts for fixed stations and 1 watt for mobile stations. A1A, A1D, A2B, A2D, F1B, F1D, F2B, F2D, G1B, G1D, G2B, or G2D emission may be authorized, and mobile stations used to control remote objects and devices may be operated in the continuous transmit mode. ( 45 ) [Reserved] ( 46 ) This frequency is limited to a maximum power of 20 watts. ( 47 ) This frequency may be used for mobile operation for remote control and telemetering functions. A1D, A2D, F1D, or F2D emission may be authorized. The use of the continuous carrier transmit mode for these purposes is permitted only for stations authorized and continuously licensed since before May 21, 1971. ( 48 ) Operation on this frequency is limited to a maximum output power of 20 watts. ( 49 ) Operation on this frequency is limited to a maximum output power of 75 watts. ( 50 ) This frequency may also be used for the transmission of tone or voice communications, including such communications when prerecorded, for purposes of automatically indicating abnormal conditions of trackage and railroad rolling stock when in motion, on a secondary basis to other stations on this frequency. All such operations shall be subject to the following: ( i ) The output power shall not exceed 30 watts; ( ii ) The bandwidth used shall not exceed that authorized to the licensee for voice transmissions on the frequency concerned; ( iii ) The station shall be so designed and installed that it can normally be activated only by its associated automatic control equipment and, in addition, it shall be equipped with a time delay or clock device which will deactivate the station within three (3) minutes following activation by the last car in the train; and ( iv ) Stations authorized pursuant to the provisions of this paragraph are exempt from the station identification requirements of § 90.425 . ( 51 ) In Puerto Rico and the Virgin Islands only, this frequency is available on a shared basis with remote pickup broadcast stations. ( 52 ) In Puerto Rico and the Virgin Islands only, this frequency is available to all stations operating in the Industrial/Business Pool and may be coordinated by any frequency coordinator certified in the Industrial/Business Pool. ( 53 ) Frequencies in this band will be assigned only for transmitting hydrological or meteorological data or for low power wireless microphones in accordance with the provisions of § 90.265 . ( 54 ) For FM transmitters the sum of the highest modulating frequency and the amount of frequency deviation may not exceed 1.7 kHz and the maximum deviation may not exceed 1.2 kHz. For AM transmitters the highest modulating frequency may not exceed 1.2 kHz. The carrier frequency must be maintained within 0.0005 percent and the authorized bandwidth may not exceed 3 kHz. ( 55 ) This band is available to stations operating in this service subject to the provisions of § 90.259 . ( 56 ) Subpart T of this part contains rules for assignment of frequencies in the 220-222 MHz band. ( 57 ) The requirements for secondary fixed use of frequencies in this band are set forth in § 90.261 . ( 58 ) Operational fixed assignments on this frequency will only be made to an itinerant fixed control or relay station on a secondary basis to land-mobile stations in the Industrial/Business Pool, provided that the fixed relay or control station is to be associated with base and mobile facilities authorized to use other frequencies available for itinerant operation in the Industrial/Business Pool. All such use of these frequencies for fixed systems is limited to locations 161 or more km. (100 mi.) from the center of any urbanized area of 200,000 or more population, except that the distance may be 120 km. (75 mi.) if the output power does not exceed 20 watts. All such fixed systems are limited to a maximum of two frequencies and must employ directional antennas with a front-to-back ratio of at least 15 dB. The centers of urbanized areas of 200,000 or more population are determined from the appendix, page 226, of the U.S. Commerce publication, “Air Line Distance Between Cities in the United States.” Urbanized areas of 200,000 or more population are defined in the U.S. Census of Population, 1960, volume 1, table 23, page 1-50. ( 59 ) This frequency may be assigned primarily for stations used for the purpose of controlling slave locomotives that are placed within a train to assist the lead locomotive by providing, among other functions, auxiliary starting, pulling, and braking actions. Additionally, on a secondary basis this frequency may be assigned for remote control of all types of locomotives and, within a railroad yard or terminal area, for remote control of cab indicator devices placed with a locomotive to give visual signals to the operator of the locomotive. (A1, A2, F1 or F2 emissions may be authorized.) ( 60 ) ( i ) This frequency is available for voice or non-voice communications concerned with cargo handling from a dock or cargo handling facility, a vessel alongside the dock, or cargo handling facility. The effective radiated power (ERP) shall not exceed 2 watts. Mobile relay stations may be temporarily installed on vessels located at or in the vicinity of a dock or cargo handling facility. The center of the radiating system of the mobile relay shall be located no more than 3 meters (10 feet) above the vessel's highest working dock. ( ii ) This frequency is also available for low power non-cargo handling operations, both voice and non-voice, on a secondary basis to cargo handling communications. Such operations are not subject to the power limitations in paragraph (c)(60)(i) of this section on the following frequencies: 457.525 MHz, 457.550 MHz, 457.5625 MHz, 457.575 MHz, 457.5875 MHz, 457.600 MHz, and 457.6125 MHz. This frequency will not be assigned for non-cargo handling operations at temporary locations. ( iii ) For mobile relay operations under paragraph (c)(60)(i) of this section, frequency pairing is as follows: Mobile relay (MHz) 1 Mobile (MHz) 457.525 467.750 457.53125 467.75625 457.5375 467.7625 457.54375 467.76875 457.550 467.775 457.55625 467.78125 457.5625 467.7875 457.56875 467.79375 457.575 467.800 457.58125 467.80625 457.5875 467.8125 457.59375 467.81875 457.600 467.825 457.60625 467.83125 457.6125 457.61875 1 The mobile relay frequencies may also be used for single frequency simplex. ( 61 ) This frequency is available for assignment as follows: ( i ) To persons furnishing commercial air transportation service or, pursuant to § 90.179 , to an entity furnishing radio communications service to persons so engaged, for stations located on or near the airports listed in paragraph (c)(61)(iv) of this section. Stations will be authorized on a primary basis and may be used only in connection with servicing and supplying of aircraft. Operation on this frequency is limited to a maximum effective radiated power (ERP) of 100 watts at locations within 16 km (10 miles) of the coordinates of the listed airports. ( ii ) To stations in the Industrial/Business Pool for secondary use at locations 80 km (approximately 50 miles) or more from the coordinates of the listed airports. Operation will be limited to a maximum ERP of 300 watts. ( iii ) To stations in the Industrial/Business Pool for secondary use at locations greater than 16 km (approximately 10 miles) but less than 80 km (approximately 50 miles) from the coordinates of the listed airports. Operation will be limited to a maximum ERP of 10 watts. Use of this frequency is restricted to the confines of an industrial complex or manufacturing yard area. Stations licensed prior to April 25, 2005, may continue to operate with facilities authorized as of that date. ( iv ) The airports and their respective reference coordinates are (coordinates are referenced to North American Datum 1983 (NAD83)): City and airport Reference coordinates N latitude W longitude Aberdeen, SD: Aberdeen Regional (ABR) 45°26′56.6″ 98°25′18.6″ Aguana, GU: Guam International (GUM) 13°29′00.4″ 144°47′45.5″ E Akron, OH: Akron-Canton Regional (CAK) 40°54′58.7″ 81°26′32.9″ Alamosa, CO: San Luis Valley Regional/Bergman Field (ALS) 37°26′05.7″ 105°51′59.6″ Albany, NY: Albany Int'l (ALB) 42°44′53.2″ 73°48′10.7″ Albuquerque, NM: Albuquerque International Sunport (ABQ) 35°02′24.8″ 106°36′33.1″ Allentown-Bethlehem, PA: Lehigh Valley Int'l (ABE) 40°39′08.5″ 75°26′25.5″ Amarillo, TX: Amarillo International (AMA) 35°13′09.7″ 101°42′21.3″ Anchorage, AK: Ted Stevens Anchorage International (ANC) 61°10′27.6″ 149°59′46.3″ Appleton, WI: Appleton Int'l (ATW) 44°15′26.7″ 88°31′10.1″ Aspen, CO: Aspen-Pitkin County/Sardy Field (ASE) 39°13′23.4″ 106°52′07.9″ Atlanta, GA: Atlanta International (ATL) 33°38′25.6″ 84°25′37.0″ Dekalb-Peachtree (PDK) 33°52′32.2″ 84°18′07.1″ Fulton County/Brown Field (FTY) 33°46′44.9″ 84°31′16.9″ Austin, TX: Austin Bergstrom International (AUS) 30°11′40.3″ 97°40′11.5″ Bakersfield, CA: Meadows Field (BFL) 35°26′00.9″ 119°03′24.4″ Baltimore, MD: Baltimore-Washington International Thurgood Marshall (BWI) 39°10′31.5″ 74°40′05.5″ Baton Rouge, LA: Baton Rouge Metropolitan (BTR) 30°31′59.4″ 91°08′58.7″ Billings, MT: Billings Logan International (BIL) 45°48′27.6″ 108°32′34.3″ Birmingham, AL: Birmingham-Shuttlesworth Int'l (BHM) 33°33′46.6″ 86°45′12.8″ Bismarck, ND: Bismarck Municipal (BIS) 46°46′21.8″ 100°44′44.7″ Boise, ID: Boise Air Terminal/Gowen Field (BOI) 43°33′52.0″ 116°13′22.0″ Boston, MA: Logan International (BOS) 42°21′51.7″ 17°00′18.7″ Bozeman, MT: Bozeman Yellowstone Int'l (BZN) 45°46′36.8″ 111°09′10.8″ Bridgeport, CT: Sikorsky Memorial (BDR) 41°09′48.5″ 73°07′34.2″ Buffalo, NY: Buffalo Niagara Int'l (BUF) 42°56′25.9″ 78°43′55.8″ Burlington, VT: Burlington Int'l (BTV) 44°28′18.7″ 73°09′11.8″ Cedar Rapids, IA: The Eastern Iowa (CID) 41°53′04.5″ 91°42′39.1″ Charleston, SC: Charleston AFB/International (CHS) 32°53′55.1″ 80°02′25.8″ Charlotte, NC: Charlotte-Douglas Int'l (CLT) 35°12′50.4″ 80°56′35.3″ Chattanooga, TN: Lovell (CHA) 35°02′06.9″ 85°12′13.6″ Chicago, IL-Northwest IN: Chicago Executive (PWK) 42°06′51.1″ 87°54′05.3″ South Bend Int'l (SBN) 41°42′32.2″ 86°19′06.5″ Midway (MDW) 41°47′09.5″ 87°45′08.7″ O'Hare International (ORD) 41°58′46.5″ 87°54′16.1″ DuPage (DPA) 41°54′24.8″ 88°14′54.3″ Cincinnati, OH: Cincinnati Municipal/Lunken Field (LUK) 39°06′12.0″ 84°25′07.0″ Cleveland, OH: Burke Lakefront (BKL) 41°31′03.0″ 81°41′00.0″ Cuyahoga County (CGF) 41°33′54.5″ 81°29′10.9″ Hopkins International (CLE) 41°24′39.2″ 81°50′57.8″ Columbia, SC: Columbia Metropolitan (CAE) 33°56′19.8″ 81°07′10.3″ Columbus, GA: Columbus (CSG) 32°30′58.8″ 84°56′19.9″ Columbus, OH: John Glenn Columbus Int'l (CMH) 39°59′52.8″ 82°53′30.8″ Rickenbacker International (LCK) 39°48′49.5″ 82°55′40.3″ Corpus Christi, TX Corpus Christi International (CRP) 27°46′13.3″ 97°30′04.4″ Covington/Cincinnati, KY: Cincinnati/Northern Kentucky Int'l (CVG) 39°02′46.1″ 84°39′43.8″ Crescent City, CA: JackMcNamara Field (CEC) 41°46′48.6″ 124°14′11.5″ Dallas, TX: Addison (ADS) 32°58′06.8″ 96°50′11.2″ Dallas-Ft. Worth Int'l (DFW) 32°53′45.4″ 97°02′13.9″ Dallas-Love Field (DAL) 32°50′49.6″ 96°51′06.4″ Dallas Executive (RBD) 32°40′51.1″ 96°52′05.5″ Davenport, IA: Davenport Municipal (DVN) 41°36′37.0″ 90°35′18.0″ Quad City Int'l (MLI) 41°26′54.7″ 90°30′27.1″ Dayton, OH: James M. Cox Int'l (DAY) 39°54′08.6″ 84°13′09.8″ Denver, CO: Centennial (APA) 39°34′12.5″ 104°50′57.5″ Colorado Springs Municipal (COS) 38°48′20.9″ 104°42′00.9″ Rocky Mountain Metropolitan (BJC) 39°54′31.6″ 105°07′01.9″ Denver International (DEN) 39°51′30.3″ 104°40′01.2″ Des Moines, IA: Des Moines Int'l (DSM) 41°32′05.8″ 93°39′38.5″ Detroit, MI: Coleman A. Young Municipal (DET) 42°24′33.1″ 83°00′35.5″ Detroit Metro-Wayne County (DTW) 42°12′43.4″ 83°20′55.8″ Oakland County Int'l (PTK) 42°39′54.7″ 83°25′07.4″ Willow Run (YIP) 42°14′16.5″ 83°31′49.5″ Duluth, MN: Duluth International (DLH) 46°50′31.5″ 92°11′37.1″ Durango, CO: Durango-La Plata County (DRO) 37°09′05.5″ 107°45′13.6″ Eagle, CO: Eagle County Regional (EGE) 39°38′33.2″ 106°55′03.7″ El Paso, TX: El Paso International (ELP) 31°48′24.0″ 106°22′40.1″ Eugene, OR: Mahlon Sweet Field (EUG) 44°07′23.7″ 123°13′07.3″ Eureka, CA: Samoa Field (O33) 40°46′51.4″ 124°12′44.2″ Fargo, ND: Hector International (FAR) 46°55′09.7″ 96°48′53.9″ Flint, MI: Bishop Int'l (FNT) 42°57′55.8″ 83°44′36.4″ Ft. Lauderdale-Hollywood, FL: Ft. Lauderdale Executive (FXE) 26°11′50.2″ 80°10′14.6″ Ft. Lauderdale-Hollywood Int'l (FLL) 26°04′21.3″ 80°09′09.9″ Ft. Myers, FL: Page Field (FMY) 26°35′11.8″ 81°51′47.7″ Southwest Florida Int'l (RSW) 26°32′10.2″ 81°45′18.6″ Ft. Wayne, IN: Fort Wayne International (FWA) 40°58′42.5″ 85°11′42.5″ Ft. Worth, TX: Fort Worth Alliance (AFW) 32°59′12.5″ 97°19′07.7″ Meacham Int'l (FTW) 32°49′11.2″ 97°21′44.8″ Fresno, CA: Fresno Chandler Executive (FCH) 36°43′56.5″ 119°49′11.6″ Fresno Yosemite Int'l (FAT) 36°46′34.3″ 119°43′05.3″ Gainesville, FL: Gainesville Regional (GNV) 29°41′24.2″ 82°16′18.4″ Grand Forks, ND: Grand Forks International (GFK) 47°56′57.3″ 97°10′34.0″ Grand Rapids, MI: Gerald R. Ford Int'l (GRR) 42°52′51.0″ 85°31′22.1″ Great Falls, MT: Great Falls International (GTF) 47°28′55.2″ 111°22′14.5″ Green Bay, WI: Austin Straubel Int'l (GRB) 44°29′06.3″ 88°07′46.5″ Greensboro, NC: Piedmont Tirad International (GSO) 36°05′51.9″ 79°56′14.3″ Greer, SC: Greenville-Spartanburg Int'l (GSP) 34°53′44.4″ 82°13′07.9″ Gunnison, CO: Gunnison-Crested Butte Regional (GUC) 38°32′02.2″ 106°55′58.9″ Hana, HI: Hana (HNM) 20°47′44.3″ 156°00′52.0″ Harlingen, TX: Valley International (HRL) 26°13′42.6″ 97°39′15.8″ Harrisburg, PA: Capital City (CXY) 40°13′01.7″ 76°51′05.3″ Harrisburg Int'l (MDT) 40°11′36.6″ 76°45′48.3″ Hartford, CT (Windsor Locks): Bradley Int'l (BDL) 41°56′20.0″ 72°40′59.6″ Hartford-Brainard (HFD) 41°44′10.6″ 72°39′00.8″ Hayden, CO: Yampa Valley (HDN) 40°28′52.2″ 107°13′03.6″ Hilo, HI: Hilo Int'l (ITO) 19°43′12.9″ 155°02′54.5″ Honolulu, HI: Daniel K. Inouye Int'l (HNL) 21°19′07.3″ 157°55′20.7″ Houston, TX: W.P. Hobby (HOU) 29°38′43.5″ 95°16′44.0″ D.W. Hooks Memorial (DWH) 30°03′42.7″ 95°33′10.0″ George Bush Intercontinental (IAH) 29°58′49.7″ 95°20′23.0″ Indianapolis, IN: Indianapolis Int'l (IND) 39°43′02.4″ 86°17′39.8″ Jackson Hole, WY: Jackson Hole (JAC) 43°36′26.4″ 110°44′15.9″ Jacksonville, FL: Jacksonville Executive at Craig (CRG) 30°20′10.8″ 81°30′52.0″ Jacksonville Int'l (JAX) 30°29′38.6″ 81°41′16.3″ Kahului, HI: Kahului (OGG) 20°53′55.4″ 156°25′48.9″ Kailula-Kona, HI: Kona Int'l at Ke-Ahole (KOA) 19°44′19.7″ 156°02′44.2″ Kalamazoo, MI: Kalamazoo/Battle Creek International (AZO) 42°14′05.5″ 85°33′07.4″ Kalispell, MT: Glacier Park International (FCA) 48°18′41.1″ 114°15′18.2″ Kansas City, MO-KS: Kansas City Int'l (MCI) 39°17′51.4″ 94°42′50.1″ Charles B. Wheeler Downtown (MKC) 39°07′23.7″ 94°35′33.9″ Kauna Kakai, HI: Molokai (MKK) 21°09′10.4″ 157°05′46.5″ Knoxville, TN: McGhee Tyson (TYS) 35°48′44.9″ 83°59′34.3″ LaCrosse, WI: LaCrosse Regional (LSE) 43°52′46.5″ 91°15′24.6″ Lansing, MI: Capital Region Int'l (LAN) 42°46′43.3″ 84°35′14.5″ Las Vegas, NV: McCarran Int'l (LAS) 36°04′49.3″ 115°09′08.4″ Lihue, HI: Lihue (LIH) 21°58′33.5″ 159°20′20.3″ Lincoln, NE: Lincoln (LNK) 40°51′03.5″ 96°45′33.3″ Little Rock, AR: Bill and Hillary Clinton National/Adams Field (LIT) 34°43′48.8″ 92°13′27.3″ Los Angeles, CA: Bob Hope (BUR) 34°12′02.2″ 118°21′30.6″ Catalina (AVX) 33°24′17.8″ 118°24′57.1″ Long Beach-Daugherty Field (LGB) 33°49′03.8″ 118°09′05.8″ Los Angeles Int'l (LAX) 33°56′33.1″ 118°24′29.1″ Ontario Int'l (ONT) 34°03′21.6″ 117°36′04.3″ John Wayne-Orange County (SNA) 33°40′32.4″ 117°52′05.6″ Louisville, KY: Louisville Int'l-Standiford Field (SDF) 38°10′27.8″ 85°44′09.6″ Lubbock, TX: Lubbock Preston Smith Int'l (LBB) 33°39′49.1″ 101°49′22.0″ Lynchburg, VA: Lynchburg Regional-Preston Glen Field (LYH) 37°19′36.1″ 79°12′01.6″ Madison, WI: Dane County Regional-Truax Field (MSN) 43°08′23.5″ 89°20′15.1″ Manchester, NH: Manchester (MHT) 42°56′04.3″ 71°26′13.4″ Memphis, TN: Memphis Int'l (MEM) 35°02′32.7″ 89°58′36.0″ Miami, FL: Miami Int'l (MIA) 25°47′35.7″ 80°17′26.0″ Opa-Locka Executive (OPF) 25°54′25.2″ 80°16′42.2″ Miami Executive (TMB) 25°38′52.4″ 80°25′58.0″ Milwaukee, WI: General Mitchell Int'l (MKE) 42°56′50.0″ 87°53′47.7″ Minneapolis-St. Paul, MN: Minneapolis-St. Paul Int'l (MSP) 44°52′49.9″ 93°13′00.9″ Minot, ND: Minot International (MOT) 48°15′33.8″ 101°16′49.2″ Missoula, MT: Missoula International (MSO) 46°54′58.7″ 114°05′26.0″ Mobile, AL: Mobile Regional (MOB) 30°41′29.1″ 88°14′34.2″ Modesto, CA: Modesto City-County (MOD) 37°37′32.9″ 120°57′15.9″ Monterey, CA: Monterey Regional (MRY) 36°35′13.1″ 121°50′34.6″ Montrose, CO: Montrose Regional (MTJ) 38°30′31.9″ 107°53′37.8″ Nashville, TN: Nashville Int'l (BNA) 36°07′28.1″ 86°40′41.5″ New Haven, CT: Tweed-New Haven (HVN) 41°15′50.0″ 72°53′13.6″ New Orleans, LA: Lakefront (NEW) 30°02′32.7″ 90°01′41.7″ Louis Armstrong New Orleans Int'l (MSY) 29°59′36.2″ 90°15′28.9″ Newburgh, NY: Stewart International (SWF) 41°30′14.7″ 74°06′17.4″ Newport News-Hampton,VA: Newport News/Williamsburg (PHF) 37°07′54.8″ 76°29′34.8″ New York-Northeast NJ: Republic (FRG) 40°43′43.6″ 73°24′48.3″ JFK International (JFK) 40°38′23.1″ 73°46′44.1″ LaGuardia (LGA) 40°46′38.1″ 73°52′21.4″ Long Island-McArthur (ISP) 40°47′42.8″ 73°06′00.8″ Morristown Municipal (NJ) (MMU) 40°47′57.7″ 74°24′53.5″ Newark Int'l (EWR) 40°41′32.9″ 74°10′07.2″ Teterboro (NJ) (TEB) 40°51′00.4″ 74°03′39.0″ Norfolk, VA: Norfolk Int'l (ORF) 36°53′40.6″ 76°12′04.4″ Oklahoma City, OK: Wiley Post (PWA) 35°32′04.4″ 97°38′49.9″ Will Rogers World (OKC) 35°23′35.1″ 97°36′02.6″ Omaha, NE: Eppley Airfield (OMA) 41°18′09.1″ 95°53′39.0″ Orlando, FL: Orlando Executive (ORL) 28°32′43.7″ 81°19′58.6″ Orlando Int'l (MCO) 28°25′44.0″ 81°18′57.7″ Palm Springs, CA: Palm Springs International (PSP) 33°49′46.8″ 116°30′24.1″ Peoria, IL: General Wayne A. Downing Peoria Int'l (PIA) 40°39′51.3″ 89°41′35.9″ Philadelphia, PA-NJ: Northeast Philadelphia (PNE) 40°04′55.0″ 75°00′38.1″ Philadelphia Int'l (PHL) 39°52′19.0″ 75°14′28.1″ Phoenix, AZ: Phoenix-Sky Harbor Int'l (PHX) 33°26′03.0″ 112°00′29.0″ Scottsdale (SDL) 33°37′22.3″ 111°54′37.9″ Pittsburgh, PA: Allegheny County (AGC) 40°21′15.9″ 79°55′48.9″ Pittsburgh Int'l (PIT) 40°29′29.3″ 80°13′58.3″ Portland, ME: Portland International Jetport (PWM) 43°38′46.2″ 70°18′31.5″ Portland, OR: Portland-Hillsboro (HIO) 45°32′25.4″ 122°56′59.4″ Portland International (PDX) 45°35′19.4″ 122°35′51.0″ Portland-Troutdale (TTD) 45°32′57.7″ 122°24′04.5″ Providence-Pawtucket, RI-MA: North Central State (SFZ) 41°55′14.7″ 71°29′29.0″ T.F. Green State (PVD) 41°43′26.4″ 71°25′41.6″ Pueblo, CO: Pueblo Memorial (PUB) 38°17′20.7″ 104°29′47.7″ Raleigh/Durham, NC: Raleigh-Durham International (RDU) 35°52′39.5″ 78°47′14.9″ Rapid City, SD: Rapid City Regional (RAP) 44°02′43.2″ 103°03′26.5″ Reno, NV: Reno/Tahoe International (RNO) 39°29′54.8″ 119°46′05.0″ Richmond, VA: Richmond International (RIC) 37°30′18.6″ 77°19′10.8″ Roanoke, VA: Roanoke-Blacksburg Regional/Woodrum Field (ROA) 37°19′31.7″ 79°58′31.5″ Rochester, MN: Rochester International (RST) 43°54′26.0″ 92°29′56.4″ Rochester, NY: Greater Rochester Int'l (ROC) 43°07′07.9″ 77°40′20.6″ Sacramento, CA: Sacramento Executive (SAC) 38°30′45.1″ 121°29′36.5″ Sacramento Int'l (SMF) 38°41′43.5″ 121°35′26.8″ Saginaw, MI: MBS International (MBS) 43°31′58.5″ 84°04′46.7″ Saipan Isl., CQ: Francisco C. Ada/Saipan Int'l (GSN) 15°07′08.4″ 145°43′45.7″ E St. Louis, MO: Spirit of St. Louis (SUS) 38°39′42.7″ 90°39′04.4″ Lambert-St. Louis Int'l (STL) 38°44′51.7″ 90°21′35.9″ St. Petersburg, FL: Albert Whitted Municipal (SPG) 27°45′54.4″ 82°37′37.1″ St. Petersburg Clearwater Int'l (PIE) 27°54′38.8″ 82°41′14.9″ Salt Lake City, UT: Salt Lake City Int'l (SLC) 40°47′18.2″ 111°58′39.9″ San Antonio, TX: San Antonio Int'l (SAT) 29°32′01.3″ 29°32′01.3″ San Diego, CA: San Diego Int'l (SAN) 32°44′00.8″ 117°11′22.8″ San Francisco-Oakland, CA: Metropolitan Oakland Int'l (OAK) 37°43′16.7″ 122°13′14.6″ San Francisco Int'l (SFO) 37°37′08.4″ 122°22′29.4″ San Jose, CA: Norman Y. Mineta San Jose Int'l (SJC) 37°21′42.7″ 121°55′44.4″ San Juan, PR: Luis Munoz (SJU) 18°26′21.9″ 66°00′06.6″ Santa Barbara, CA: Santa Barbara Municipal (SBA) 34°25′34.4″ 119°50′25.3″ Santa Fe, NM: Santa Fe Municipal (SAF) 35°37′00.4″ 106°05′17.3″ Sarasota, FL: Sarasota/Bradenton International (SRQ) 27°23′43.2″ 82°33′14.8″ Savanna, GA: Savanah/Hilton Head Int'l (SAV) 32°07′39.3″ 81°12′7.7″ Scranton, PA: Wilkes Barre/Scranton Int'l (AVP) 41°20′17.3″ 75°43′27.4″ Seattle, WA: Boeing/King County Int'l (BFI) 47°31′48.4″ 122°18′07.4″ Seattle-Tacoma Int'l (SEA) 47°26′56.3″ 122°18′33.5″ Shreveport, LA: Shreveport Downtown (DTN) 32°32′24.8″ 93°44′42.1″ Shreveport Regional (SHV) 32°26′47.9″ 93°49′32.2″ Sioux City, IA: Sioux Gateway/Colonel Bud Day Field (SUX) 42°24′09.4″ 96°23′03.7″ Sioux Falls, SD: Joe Foss Field (FSD) 43°34′52.9″ 96°44′30.1″ South Bend, IN: South Bend Regional (SBN) 41°42′32.2″ 86°19′06.5″ Spokane, WA: Grant County Int'l (MWH) 47°12′27.5″ 119°19′12.7″ Spokane Int'l (GEG) 47°37′11.5″ 117°32′01.8″ Springfield, MA: Westfield-Barnes Regional (BAF) 42°09′27.8″ 72°42′56.2″ Westover ARB/Metropolitan (CEF) 42°11′53.8″ 72°32′03.3″ Springfield, MO: Springfield-Branson National (SGF) 37°14′39.6″ 93°23′12.7″ Syracuse, NY: Syracuse-Hancock Int'l (SYR) 43°06′40.3″ 76°06′22.7″ Tacoma, WA: Tacoma Narrows (TIW) 47°16′04.6″ 122°34′41.2″ Tallahasee, FL: Tallahasee Int'l (TLH) 30°23′47.5″ 84°21′01.2″ Tampa, FL: Tampa Int'l (TPA) 27°58′31.7″ 82°31′59.7″ Telluride, CO: Telluride Regional (TEX) 37°57′13.5″ 107°54′30.5″ Toledo, OH: Toledo Express (TOL) 41°35′12.5″ 83°48′28.2″ Trenton, NJ-PA: Trenton Mercer (TTN) 40°16′36.1″ 74°48′48.5″ Tucson, AZ: Tucson Int'l (TUS) 32°06′57.9″ 110°56′27.7″ Tulsa, OK: R.L. Jones, Jr. (RVS) 36°02′22.7″ 95°59′04.7″ Tulsa Int'l (TUL) 36°11′54.1″ 95°53′17.7″ Washington, DC: Dulles International (IAD) 38°56′40.3″ 77°27′20.9″ Ronald Reagan National (DCA) 38°51′07.5″ 77°02′15.8″ Waterloo, IA: Waterloo Regional (ALO) 42°33′25.5″ 92°24′01.2″ West Palm Beach, FL: Palm Beach International (PBI) 26°40′59.4″ 80°05′44.1″ White Plains, NY: Westchester County (HPN) 41°04′01.1″ 73°42′27.3″ Wichita, KS: Wichita Dwight D. Eisenhower National (ICT) 37°38′59.9″ 97°25′58.9″ Wilmington, DE: New Castle (ILG) 39°40′43.4″ 75°36′23.5″ Worcester, MA: Worcester Regional (ORH) 42°16′02.4″ 71°52′32.6″ Youngstown-Warren, OH-PA: Youngstown-Warren Regional (YNG) 41°15′38.7″ 80°40′44.8″ Coordinates followed by an “E” are east longitude. ( 62 ) This frequency may be assigned to fixed stations in the Industrial/Business Pool in accordance with the provisions of § 90.261 . ( 63 ) Unless concurrence is obtained in accordance with § 90.175(b) of this chapter from the Commission-certified frequency coordinator for frequencies designated for central station alarm operations (central station alarm frequency coordinator), this frequency may be used within the boundaries of urbanized areas of 200,000 or more population, defined in the United States Census of Population, 1960, vol. 1, table 23, page 1-50, only by persons rendering a central station commercial protection service within the service area of the radio station using the frequency and may be used only for communications pertaining to safety of life and property, and for maintenance or testing of the protection facilities. Central station commercial protection service is defined as an electrical protection and supervisory service rendered to the public from and by a central station accepted and certified by one or more of the recognized rating agencies, or the Underwriters Laboratories' (UL), or Factory Mutual System. Other stations in the Industrial/Business Pool may be licensed on this frequency without the central station alarm frequency coordinator's concurrence only when all base, mobile relay and control stations are located at least 120 km (75 miles) from the city center or centers of the specified urban areas of 200,000 or more population. With respect to combination urbanized areas containing more than one city, 120 km (75 mile) separation shall be maintained from each city center which is included in the urbanized area. The locations of centers of cities are determined from appendix, page 226, of the U.S. Commerce publication “Air Line Distance Between Cities in the United States.” ( 64 ) Persons who render a central station commercial protection service are authorized to operate fixed stations on this frequency for the transmission of tone or impulse signals on a co-primary basis to base/mobile operations. Fixed stations may be licensed as mobiles. Fixed stations used for central station alarm operations may use antennas mounted not more than 6.1 meters (20 feet) above a man-made supporting structure, including antenna structure. ( i ) The output power shall not exceed 30 watts (at the remote site). ( ii ) A1D, A2D, F1D, or F2D emission may be authorized. ( iii ) Operational fixed stations authorized under this paragraph are exempt from the requirements of §§ 90.137(b) , 90.429(d) , 90.425 and 90.433 . ( 65 ) Licensees providing a central station commercial protection service may communicate with police or fire stations, or vehicles, on this frequency, and may install licensed transmitting units which operate on this frequency at police or fire stations, or in police or fire vehicles, if the frequency's primary use is in a base/mobile system for a central station commercial protection service. ( 66 ) Unless concurrence is obtained in accordance with section 90.175(b) of this chapter from the Commission-certified frequency coordinator for frequencies designated for central station alarm operations, this frequency may be assigned only to persons rendering a central station commercial protection service, which is defined in paragraph (c)(63) of this section, within the service area of the radio station using the frequency. ( 67 ) Medical telemetry operations are authorized on this frequency on a secondary basis. Medical telemetry operations are subject to the provisions of § 90.267(h)(2) . ( 68 ) Each station authorized on this frequency will be classified and licensed as a mobile station. Any units of such a station, however, may provide the operational functions of a base station on a secondary basis to mobile service operations provided that the vertical separation between control point or ground level and the center of the radiating portion of the antenna of any units so used does not exceed 8 meters (approximately 25 feet). This frequency is available for assignment as follows: ( i ) To persons furnishing commercial air transportation service or, pursuant to § 90.179 , to an entity furnishing radio communications service to persons so engaged, for stations located on or near the airports listed in paragraph (c)(61)(iv) of this section. Stations will be authorized on a primary basis and may be used only in connection with servicing and supplying of aircraft. Operation on this frequency is limited to a maximum effective radiated power (ERP) of 40 watts at locations within 16 km (approximately 10 miles) of the coordinates of the listed airports. ( ii ) To stations in the Industrial/Business Pool for secondary use at locations 80 km (approximately 50 miles) or more from the coordinates of the listed airports. Operation will be limited to a maximum ERP of 120 watts. Wide area operation will not be permitted. The area of normal, day-to-day operations will be described in the application. ( iii ) To stations in the Industrial/Business Pool for secondary use at locations greater than 16 km (approximately 10 miles) but less than 80 km (approximately 50 miles) from the coordinates of the listed airports. Operation will be limited to a maximum ERP of 6 watts. Use of this frequency is restricted to the confines of an industrial complex or manufacturing yard area. Stations licensed prior to April 25, 2005, may continue to operate with facilities authorized as of that date. ( 69 ) This frequency may be used on a secondary, non-interference basis by a hospital or health care institution holding a license to operate a radio station under this part to operate a medical radio telemetry device with an output power not to exceed 20 milliwatts without specific authorization from the Commission. ( 70 ) Subpart L of this part contains rules for assignment of frequencies in the 470-512 MHz band. ( 71 ) Subpart S of this part contains rules for assignment of frequencies in the 806-824/851-869 MHz band and for narrowband operations in the 896-901/935-940 MHz band. ( 72 ) Assignment of frequencies above 928 MHz for operational-fixed stations is governed by part 101 of this chapter . ( 73 ) Frequencies in this band are available only for one-way paging operations in accordance with § 90.494 . ( 74 ) Available only on a shared basis with stations in other services, and subject to no protection from interference due to the operation of industrial, scientific, or medical (ISM) devices. In the band 2483.5-2500 MHz, no applications for new stations or modification to existing stations to increase the number of transmitters will be accepted. Existing licensees as of July 25, 1985, and licensees whose initial applications were filed on or before July 25, 1985, are grandfathered and their operations are on a co-primary basis with the mobile-satellite and radiodetermination-satellite services, and in the segment 2495-2500 MHz, their operations are also on a co-primary basis with part 27 fixed and mobile except aeronautical mobile service operations. ( 75 ) [Reserved] ( 76 ) The frequencies in the band 10.55-10.68 GHz are available for Digital Termination Systems and for associated intermodal links in the Point-to-Point Microwave Service. No new licenses will be issued under this subpart but current licenses will be renewed. ( 77 ) All communications on this frequency must be conducted within the boundaries or confines of the licensee's business premises. ( 78 ) Base and mobile stations authorized as of April 1, 1968, may continue to be authorized for such operation on a secondary basis to the Maritime Mobile Service. The licensees of such stations may renew, modify, reinstate, or assign their licenses in those cases where such assignment accompanies a change of ownership of the licensee's business to the assignee, and may expand existing systems when using that frequency; however, they will not be authorized to establish any new systems. ( 79 ) Frequencies may be assigned in pairs with the separation between base and mobile transmit frequencies being 5.26 MHz. A mobile station may be assigned the frequency which would normally be assigned to a base station for single frequency operation. However, this single-frequency operation may be subject to interference that would not occur to a two-frequency system. Base or mobile stations located 80.5 km (50 miles) or less from the center or any urbanized area of 600,000 or more population (U.S. Census of Population, 1970) must be operated in the half-duplex mode. ( 80 ) Concurrence from the Petroleum Coordinator is required only for applications for this frequency that request authorization for transmitters in Arkansas, Louisiana, Oklahoma, or Texas. ( 81 ) Concurrence from the Petroleum Coordinator is required only for applications for this frequency that request authorization for transmitters in Arkansas, Louisiana, Oklahoma, Oregon, Texas, or Washington. ( 82 ) After December 7, 2000 new stations will only be licensed with an authorized bandwidth not to exceed 11.25 kHz. Licensees authorized prior to December 7, 2000 may continue to use bandwidths wider than 11.25 kHz on a co-primary basis until January 1, 2005. After January 1, 2005, all stations operating with an authorized bandwidth greater than 11.25 kHz will be secondary to adjacent channel public safety interoperability operations. ( See § 90.20(c)(3) ). ( 83 ) Telemetry operations on this frequency will be authorized pursuant to § 90.267 . ( 84 ) Operation on this frequency is subject to the low power provisions of § 90.267 . This frequency is assigned to Group A in the low power pool. ( 85 ) Operation on this frequency is subject to the low power provisions of § 90.267 . This frequency is assigned to Group B in the low power pool. ( 86 ) Operation on this frequency is subject to the low power provisions of § 90.267 . This frequency is assigned to Group C in the low power pool. ( 87 ) Operation on this frequency is subject to the low power provisions of § 90.267 . This frequency is assigned to Group D in the low power pool. ( 88 ) Use of this frequency is on a secondary basis limited to 2 watts output power and subject to the provisions of § 90.267(h)(1) , (h)(2) , (h)(3) and (h)(4) . ( 89 ) The frequency may be assigned only to entities meeting the definition of a forest product licensee ( see § 90.7 ). Operations are on a secondary basis to Federal Government operations including experimental stations, will not exceed 150 watts output power, and are limited to the states of Washington, Oregon, Maine, North Carolina, South Carolina, Tennessee, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas (eastern portion). ( 90 ) As of March 25, 2007, the FCC will cease to issue licenses for new stations in the fixed and mobile services in the following bands: 5900-5950 kHz, 7300-7350 kHz, 9400-9500 kHz, 11600-11650 kHz, 12050-12100 kHz, 13800-13870 kHz, and 15600-15800 kHz. As of March 29, 2009, the FCC will cease to issue licenses for new stations in the fixed and mobile services in the band 7350-7400 kHz and, in the U.S. Pacific insular areas in Region 3, the band 7400-7450 kHz. Stations licensed as of March 25, 2007 in the bands 5900-5950 kHz, 7300-7350 kHz, 9400-9500 kHz, 11600-11650 kHz, 12050-12100 kHz, 13800-13870 kHz, and 15600-15800 kHz and as of March 29, 2009 for the band 7350-7400 kHz in Region 2 and the band 7350-7450 kHz in Region 3 shall: (1) Be limited to communications only within the United States and its insular areas; (2) Not cause harmful interference to the broadcasting service; (3) Be limited to the minimum power needed to achieve communications; and (4) Take account of the seasonal use of frequencies by the broadcasting service published in accordance with Article 12 of the ITU Radio Regulations. ( 91 ) Subpart M of this part contains rules for assignment of frequencies in the 5850-5925 MHz band. ( 92 ) This frequency is available on a shared basis both for remote control and telemetry operations and for mobile repeater operations. The authorized bandwidth may not exceed 11.25 kHz. ( 93 ) This frequency is available on a shared basis with the Public Safety Pool for remote control and telemetry operations. In cases where § 90.35(c)(95) applies to this frequency, licensees seeking primary status for the use of this frequency for mobile repeater stations and hand-carried transmitters that communicate directly with mobile repeater stations must describe the area of normal day-to-day operations either in terms of operation in a specific county or in the terms of maximum distance from a geographic center (latitude and longitude) and shall be subject to the frequency coordination requirements of § 90.175 . ( 94 ) Mobile repeaters operating on this frequency are subject to a channel loading requirement of 50 transmitter-receivers. Loading standards will be applied in terms of the number of units actually in use or to be placed in use within 8 months following authorization. A licensee will be required to show that an assigned frequency pair is at full capacity before it may be assigned a second or additional frequency. Channel capacity may be reached either by the requirements of a single licensee or by several users sharing a channel. Until a channel is loaded to capacity it will be available for assignment to other users in the same area. ( 95 ) The maximum effective radiated power (ERP) may not exceed 2 watts for mobile stations, and 5 watts for mobile repeater stations and hand-carried transmitters that communicate directly with mobile repeater stations. ( d ) Additional frequencies available. In addition to the frequencies shown in the frequency table of this section, the following frequencies are available in this service. (See also § 90.253 .) ( 1 ) Frequencies may be substituted for those available below 25 MHz in accordance with the provisions of § 90.263 . ( 2 ) Frequencies in the band 73.0-74.6 MHz may be assigned to stations authorized on or before December 1, 1961, but no new stations will be authorized in this band, nor will expansion of existing systems be permitted. (See also § 90.257 ). ( 3 ) Frequencies in the 421-430 MHz band are available in the Detroit, Cleveland, and Buffalo areas in accordance with the rules in §§ 90.273 through 90.281 . ( 4 ) The following frequencies are available only in Puerto Rico and the Virgin Islands. These “Base and Mobile” and “Mobile only” frequencies are available on a shared basis with the Public Safety Pool. These “Mobile only” frequencies may be assigned to a control station associated with a mobile relay system if it is also assigned to the associated mobile station. Base and mobile Mobile only 159.240 160.410 159.2475 160.4175 159.255 160.425 159.2625 160.4325 159.270 160.440 159.2775 160.4475 159.285 160.455 159.2925 160.4625 159.300 160.470 159.3075 160.4775 159.315 160.485 159.3225 160.4925 159.330 160.500 159.3375 160.5075 159.345 160.515 159.3525 160.5225 159.360 160.530 159.3675 160.5375 159.375 160.545 159.3825 160.5525 159.390 160.560 159.3975 160.5675 159.405 160.575 159.4125 160.5825 159.420 160.590 159.4275 160.5975 159.435 160.605 159.4425 160.6125 ( 5 ) Low power mobile stations of 100 mw or less output power used for one-way, non-voice medical telemetry operations in hospitals or in medical convalescent centers are subject to the provisions of § 90.238 . ( 6 ) [Reserved] ( 7 ) A railroad licensee, i.e., a licensee eligible for frequencies listed in § 90.35(b)(3) of this section that are coordinated by the railroad coordinator (LR), may operate radio units at fixed locations and in moving railroad locomotives/cars that transmit on the frequency 24.10 GHz, both unmodulated continuous wave radio signals and modulated FM digital signals for the purpose of alerting motorists to the presence of an approaching train. Unattended and continuous operation of such transmitters will be permitted without additional authorization from the Commission, provided type accepted equipment or equipment authorized pursuant to §§ 90.203(b)(4) and (b)(5) of this part is used, and all other rule provisions are satisfied. ( e ) Limitation on number of frequencies assignable. Normally only one frequency, or pair of frequencies in the paired frequency mode of operation, will be assigned for mobile service operations by a single applicant in a given area. The assignment of an additional frequency or pair of frequencies will be made only upon a satisfactory showing of need, except that: ( 1 ) Additional frequencies above 25 MHz may be assigned in connection with operation of mobile repeaters in accordance with § 90.247 notwithstanding this limitation. ( 2 ) [Reserved] ( 3 ) Frequencies in the 25-50 MHz, 150-170 MHz, 450-512 MHz and 902-928 MHz bands may be assigned for the operation of Location and Monitoring Service (LMS) systems in accordance with the provisions of subpart M of this part , notwithstanding this limitation. ( 4 ) Authorizations for multiple frequencies for geophysical operations will be granted on the frequencies governed by the limitations in paragraphs (c)(3) and (c)(4) of this section. However, each geophysical exploration party may use a maximum of four frequencies at any one time. ( 5 ) Authorization for more than one mobile frequency in the band 72-76 MHz will be issued notwithstanding this limitation. ( 6 ) This limitation shall not apply to paragraph (c)(1) of this section. ( 7 ) Frequencies in the 457 and 467 MHz bands may be assigned collectively as provided by paragraph (c)(60) of this section notwithstanding this limitation. ( f ) Limitation on itinerant operation. Base or mobile stations being utilized in itinerant operation will be authorized only on base or mobile frequencies designated for itinerant operation under paragraphs (c)(10) or (c)(17) of this section, or on other frequencies not designated for permanent use. ( g ) The frequencies 9-490 kHz are used to operate electric utility Power Line Carrier (PLC) systems on power transmission lines for communications essential to the reliability and security of electric service to the public, in accordance with part 15 of this chapter . Any electric utility that generates, transmits, or distributes electrical energy for use by the general public or by the members of a cooperative organization may operate PLC systems and shall supply to a Federal Communications Commission/National Telecommunications and Information Administration recognized industry-operated entity, information on all existing, changes to existing, and proposed systems for inclusion in a data base. Such information shall include the frequency, power, location of transmitter(s), location of receivers and other technical and operational parameters, which would characterize the system's potential both to interfere with authorized radio users, and to receive harmful interference from these users. In an agreed upon format, the industry-operated entity shall inform the FCC and the NTIA of these system characteristics prior to implementation of any proposed PLC system and shall provide monthly or periodic lists with supplements of PLC systems. The FCC and NTIA will supply appropriate application and licensing information to the notification activity regarding authorized radio stations operating in the band. PLC systems in this band operate on a non-interference basis to radio systems assigned frequencies by the NTIA or licensed by the FCC and are not protected from interference due to these radio operations. [ 62 FR 18874 , Apr. 17, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 90.35 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . Effective Date Note Effective Date Note: At 64 FR 36262 , July 6, 1999, § 90.35 was amended by revising entries in the table in paragraph (b)(3) and by adding paragraphs (c)(80) and (c)(81), effective Aug. 5, 1999. At 64 FR 50467 , Sept. 17, 1999, paragraphs (c)(80), (c)(81), and the following entries in the table in paragraph (b)(3) were stayed: 153.035 MHz through 153.4025 MHz, 153.4025 MHz through 153.4625 MHz, 153.485 MHz through 153.5225 MHz, 153.545 MHz through 153.5825 MHz, 153.605 MHz through 153.6425 MHz, 153.665 MHz through 153.6675 MHz, 158.145 MHz through 158.1825 MHz, 158.205 MHz through 158.2425 MHz, 158.265 MHz through 158.3325 MHz, 158.355 MHz through 158.3775 MHz, 158.415 MHz through 158.4375 MHz, 173.250 MHz, 173.300 MHz, 173.350 MHz, 451.175 MHz, 451.225 MHz, 451.275 MHz, 451.375 MHz, 451.425 MHz, 451.475 MHz, 451.525 MHz, 451.550 MHz, 451.575 MHz, 451.600 MHz, 451.625 MHz, 451.650 MHz, 451.675 MHz, 451.700 MHz, 451.750 MHz, 452.325 MHz, 452.375 MHz, 452.425 MHz, 452.475 MHz, 452.775 MHz, 452.825 MHz, 452.875 MHz, 456.175 MHz, 456.225 MHz, 456.275 MHz, 456.375 MHz, 456.425 MHz, 456.475 MHz, 456.525 MHz, 456.550 MHz, 456.575 MHz, 456.600 MHz, 456.625 MHz, 456.650 MHz, 456.675 MHz, 456.700 MHz, 456.750 MHz, 457.325 MHz, 457.375 MHz, 457.425 MHz, 457.475 MHz, 457.775 MHz, 457.825 MHz, 457.875 MHz, 462.475 MHz, 462.525 MHz, 467.475 MHz, and 467.525 MHz Subparts D-E [Reserved] Subpart F—Radiolocation Service § 90.101 Scope. The Radiolocation Service accommodates the use of radio methods for determination of direction, distance, speed, or position for purposes other than navigation. Rules as to eligibility for licensing, permissible communications, frequency available, and any special requirements are set forth in § 90.103 . Provisions for the Location and Monitoring Service (LMS) are contained in subpart M of this part . [ 60 FR 15252 , Mar. 23, 1995] § 90.103 Radiolocation Service. ( a ) Eligibility. The following persons are eligible for authorizations in- the Radiolocation Service to operate stations to determine distance, direction, speed, or position by means of radiolocation devices, for purposes other than navigation: ( 1 ) Any person engaged in a commercial, industrial, scientific, educational, or local government activity ( 2 ) A corporation or association that will furnish radiolocation service to other persons. ( 3 ) A corporation that will furnish a nonprofit radio communication service to its parent corporation, to another subsidiary of the same parent, or to its own subsidiary where the party to be served is regularly engaged in any of the eligibility activities set forth in this paragraph. ( b ) Frequencies available. The following table indicates frequencies available for assignment to stations in the Radiolocation Service, together with the class of station(s) to which they are normally assigned, and the specific assignment limitations, which are explained in paragraph (c) of this section: Radiolocation Service Frequency Table Frequency or band Class of station(s) Limitation Kilohertz 70 to 90 Radiolocation land or mobile 1 90 to 110 Radiolocation land 2 110 to 130 Radiolocation land or mobile 1 1705 to 1715 ......do 4, 5, 6 1715 to 1750 ......do 5, 6 1750 to 1800 do 5, 6 3230 to 3400 ......do 6, 8 4438 to 4488 Radiolocation land 3 5250 to 5275 ......do 3 Megahertz 13.45 to 13.55 ......do 3 16.10 to 16.20 ......do 3 24.45 to 24.65 ......do 3 26.20 to 26.42 ......do 3 41.015 to 41.665 ......do 3 43.35 to 44.00 ......do 3 420 to 450 Radiolocation land or mobile 21 2450 to 2500 ......do 9, 22, 23 2900 to 3100 ......do 10, 11 3100 to 3300 ......do 12 3550 to 3650 ......do 30 5250 to 5350 ......do 12 5350 to 5460 ......do 10, 14 5460 to 5470 ......do 10, 15 5470 to 5600 ......do 10, 11 5600 to 5650 ......do 10, 16 8500 to 9000 ......do 12, 17 9000 to 9200 ......do 10, 14 9200 to 9300 ......do 12 9300 to 9500 ......do 10, 15, 18 9500 to 10,000 ......do 12 10,000 to 10,500 ......do 12, 13, 19 10,500 to 10,550 ......do 20, 22, 24 13,400 to 13,750 ......do 12 13,750 to 14,000 ......do 29 15,700 to 17,300 ......do 24,050 to 24,250 ......do 12, 22, 24 33,400 to 36,000 ......do 12 ( c ) Explanation of assignment limitations appearing in the frequency table of paragraph (b) of this section: ( 1 ) This frequency band is shared with and stations operating in this frequency band in this service are on a secondary basis to stations licensed in the Maritime Mobile Service. ( 2 ) This frequency band is shared with and stations operating in this frequency band in this service are on a secondary basis to the LORAN Navigation System; all operations are limited to radiolocation land stations in accordance with footnote US104, § 2.106 of this chapter . ( 3 ) Operations in this band are limited to oceanographic radars using transmitters with a peak equivalent isotropically radiated power (EIRP) not to exceed 25 dBW. Oceanographic radars shall not cause harmful interference to, nor claim protection from interference caused by, stations in the fixed or mobile services as specified in § 2.106 , footnotes 5.132A, 5.145A, and US132A. See Resolution 612 of the ITU Radio Regulations for international coordination requirements and for recommended spectrum sharing techniques. ( 4 ) The non-Federal Government radiolocation service in this band is on a secondary basis to stations in the aeronautical radionavigation service operating on 1708 kHz. ( 5 ) Station assignments on frequencies in this band will be made subject to the conditions that the maximum output power shall not exceed 375 watts and the maximum authorized bandwidth shall not exceed 2 kHz. ( 6 ) Because of the operation of stations having priority on the same or adjacent frequencies in this or in other countries, frequency assignments in this band may either be unavailable or may be subject to certain technical or operational limitations. Therefore, applications for frequency assignments in this band shall include information concerning the transmitter output power, the type and directional characteristics of the antenna and the minimum hours of operation (GMT). ( 7 ) [Reserved] ( 8 ) Frequencies in this band may only be assigned to radiolocation stations which are also assigned frequencies in the 1605-1800 kHz band, provided the use of frequencies in this band is necessary for the proper functioning of the particular radiolocation system. Operations in this band are on a secondary basis to stations operating in accordance with the Commission's table of frequency allocations contained in § 2.106 of this chapter . ( 9 ) This band is allocated to the Radiolocation Service on a secondary basis to other fixed or mobile services and must accept any harmful interference that may be experienced from such services or from the industrial, scientific, and medical (ISM) equipment operating in accordance with part 18 of this chapter . In the 2483.5-2500 MHz band, no applications for new or modification to existing stations to increase the number of transmitters will be accepted. Existing licensees as of July 25, 1985, or on a subsequent date following as a result of submitting an application for license on or before July 25, 1985, are grandfathered and their operation is co-primary with the Radiodetermination Satellite Service. ( 10 ) Speed measuring devices will not be authorized in this band. ( 11 ) This frequency band is shared with and is on a secondary basis to the Maritime Radionavigation Stations (part 80) and to the Government Radiolocation Service. ( 12 ) This frequency is shared with and is on a secondary basis to the Government Radiolocation Service. ( 13 ) Operations in this band are limited to survey operations using transmitters with a peak power not to exceed 5 watts into the antenna. ( 14 ) This frequency band is shared with and is on a secondary basis to the Aeronautical Radionavigation Service (part 87) and to the Government Radiolocation Service. ( 15 ) The non-Government Radiolocation Service in this band is secondary to the Maritime Radionavigation Stations (part 80), the Aeronautical Radionavigation Service (part 87) and the Government Radiolocation Service. ( 16 ) This frequency band is shared with and is on a secondary basis to the Maritime Radionavigation Stations (part 80) and the Government Meteorological Aids Service. ( 17 ) Operation in this frequency band is on a secondary basis to airborne Doppler radars at 8800 MHz. ( 18 ) Radiolocation installations will be coordinated with the Government Meteorological Aids Service, and insofar as practicable, will be adjusted to meet the needs of that service. ( 19 ) Operations in this band are on a secondary basis to the Amateur Radio Service (part 97). Pulsed emissions are prohibited. ( 20 ) This band is restricted to radiolocation systems using type N0N emission with a power not to exceed 40 watts into the antenna. ( 21 ) Non-Government radiolocation stations in the band are secondary to the Government Radiolocation Service, the Amateur Radio Service and the Amateur-Satellite Service. Pulse-ranging radiolocation stations in this band may be authorized along the shorelines of Alaska and the contiguous 48 states. Radiolocation stations using spread spectrum techniques may be authorized in the band 420-435 MHz for operation within the contiguous 48 states and Alaska. Also, stations using spread spectrum techniques shall be limited to a maximum output power of 50 watts, shall be subject to the applicable technical standards in § 90.209 until such time as more definitive standards are adopted by the Commission and shall identify in accordance with § 90.425(c)(2) . Authorizations will be granted on a case-by-case basis; however, operations proposed to be located within the zones set forth in footnote US269, § 2.106 of this chapter should not expect to be accommodated. ( 22 ) For frequencies 2455 MHz, 10,525 MHz, and 24,125 MHz, only unmodulated, continuous wave (NON) emission shall be employed. The frequency 24.10 GHz, and frequencies in the 24.20-24.25 GHz band may use NON emission along with an ancillary FM digital emission. The frequency 24.10 GHz will be used for the purpose of alerting motorists of hazardous driving conditions and the presence of emergency vehicles. Equipment operating on 24.10 GHz must keep the deviation of the FM digital signal within ±5 MHz. Equipment operating on this frequency must have a frequency stability of at least 2000 ppm and is exempt from the requirements of §§ 90.403(c) , 90.403(f) , and 90.429 of this part . ( 23 ) Devices designed to operate as field disturbance sensors on frequencies between 2450 and 2500 MHz with a field strength equal to or less than 50,000 microvolts per meter at 30 meters, on a fundamental frequency, will not be licensed or certificated for use under this part. Such equipment must comply with the requirements for field disturbance sensors as set forth in part 15 of this chapter . ( 24 ) Devices designed to operate as field disturbance sensors on frequencies between 10,500 and 10,550 MHz and between 24,050 and 24,250 MHz, with field strength equal to or less than 250,000 microvolts per meter at 30 meters, on the fundamental frequency, will not be licensed or certificated for use under this part. Such equipment must comply with the requirements for field disturbance sensors as set forth in part 15 of this chapter . ( 25 ) - ( 28 ) [Reserved ( 29 ) This frequency band is shared with and is on secondary basis to the Fixed-Satellite Service and to the Government's Radiolocation, Space Research and Earth Exploration-Satellite Services. After January 1, 2000, the Government's Space Research and Earth Exploration-Satellite Services shall operate on a co-equal secondary basis with the non-Government Radiolocation Service, except that grandfathered space stations in the Tracking and Data Relay Satellite System shall continue to be protected from harmful interference. ( 30 ) This frequency band is shared with and is on a secondary basis to the Government Radiolocation Service, the Fixed Satellite Service (part 25), and the Citizens Broadband Radio Service (part 96). No new licenses for Non-Federal Radiolocation Services in this band will be issued after July 23, 2015. ( d ) Other additional frequencies available. Radiolocation stations in this service may be authorized, on request, to use frequencies allocated exclusively to Federal Government stations, in those instances where the Commission finds, after consultation with the appropriate Government agency or agencies, that such assignment is necessary or required for coordination with Government activities. [ 43 FR 54791 , Nov. 22, 1978] Editorial Note Editorial Note: For Federal Register citations affecting § 90.103 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . Subpart G—Applications and Authorizations § 90.111 Scope. This subpart supplements title 47, chapter 1, subpart F of the Code of Federal Regulations which establishes the requirements and conditions under which commercial and private radio stations may be licensed and used in the Wireless Telecommunications Services. The provisions of this subpart contain additional pertinent information for current and prospective licensees specific to the services governed by this part 90. [ 63 FR 68963 , Dec. 14, 1998] § 90.115 Foreign government and alien eligibility. ( a ) No station authorization in the radio services governed by this part shall be granted to or held by a foreign government or its representative. ( b ) No station authorization in the radio services governed by this part shall be granted to or held by an entity providing or seeking to provide commercial mobile radio services (except such entities meeting the requirements of § 20.9(c) of this chapter ) if such entity is: ( 1 ) An alien or the representative of any alien; ( 2 ) A corporation organized under the laws of any foreign government; ( 3 ) A corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country; ( 4 ) A corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. [ 59 FR 59957 , Nov. 21, 1994, as amended at 61 FR 55581 , Oct. 28, 1996] § 90.119 Application requirements. ( a ) Part 1, subpart F of this chapter contains the application filing procedures for the Wireless Telecommunications Services, including applications for new base, fixed, or mobile station authorizations governed by this part. ( b ) If the control station(s) will operate on the same frequency as the mobile station, and if the height of the control station(s) antenna(s) will not exceed 6.1 meters (20 feet) above ground or an existing man-made structure (other than an antenna structure), there is no limit on the number of such stations which may be authorized. Appropriate items on FCC Form 601 shall be completed showing the frequency, the station class, the total number of control stations, the emission, and the output power of the highest powered control station. Applicants in the 470-512 MHz band must furnish the relevant information for all control stations. [ 63 FR 68963 , Dec. 14, 1998] § 90.121 Canadian registration. Form 410 shall be filed by Canadian licensees desiring to operate in the United States under the terms of Article 2 and 3 of the Convention between the United States and Canada concerning operation of Certain Radio Equipment or Stations (which entered into force May 15, 1952). This form may be obtained from the Department of Communications, Ottawa, Canada. That department should also be consulted by U.S. licensees desiring to operate in Canada. § 90.127 Submission and filing of applications. ( a ) Applications should be filed in accordance with part 1, subpart F of this chapter . ( b ) Each application shall limit its request for authorized mobile transmitters and paging receivers to: ( 1 ) Mobile transmitters and paging receivers that will be installed and operated immediately after authorization issuance. ( 2 ) Mobile transmitters and paging receivers for which purchase orders have already been signed and which will be in use within eight months of the authorization date. ( c ) All applications for modification of license and renewal of license must include the number of mobile transmitters and paging receivers in use on the licensed facilities. [ 63 FR 68963 , Dec. 14, 1998] § 90.129 Supplemental information to be routinely submitted with applications. Each application under this part that is received by the Commission, through the application process outlined in part 1, subpart F, must be accompanied by the applicable information listed below: ( a ) Evidence of frequency coordination as required by § 90.175 . ( b ) Description of any equipment proposed to be used if it is not approved for use under this part. ( c ) [Reserved] ( d ) Applicants proposing to share their authorized transmitters pursuant to § 90.179 shall so indicate in their application. ( e ) - ( f ) [Reserved] ( g ) The environmental assessment required by §§ 1.1307 and 1.1311 of this chapter , if applicable. If an application filed under this part proposes the use of one or more new or existing antenna structures that require registration under part 17 of this chapter , any required environmental assessment should be submitted pursuant to the process set forth in § 17.4(c) of this chapter rather than with the application filed under this part. ( h ) Requests for authorization to communicate with foreign stations in accordance with § 90.20(b) or § 90.417 ; ( i ) Showings required in connection with the use of frequencies as specified in subpart S of this chapter. ( j ) Any other statements or other data specifically required under special circumstances which are set forth in the applicable subpart of this part, by the particular form on which the application is filed or upon request by the Commission. ( k ) If the applicant proposes to use a multiple-licensed transmitter, he must provide the name of the owner and the names and call signs of any other licensees of that transmitter. ( l ) Applicants for new land stations to be interconnected with the public switched telephone network must indicate on their applications that their stations will be interconnected. ( m ) Applicants requesting licenses to operate on frequencies pursuant to § 90.20(d)(6) must submit disaster communications plans containing the following information: ( 1 ) A system network/system use diagram including a showing of emergency power and methods of deployment to all parts of the State or insular area; ( 2 ) A designation of the responsible governmental authority within the State or insular area who will be the controlling agency for the licensee; ( 3 ) A schedule of proposed drills and/or exercises by the participants; ( 4 ) The number of frequencies in each band, and the type of emission required by the applicant; ( 5 ) The distances expected to be covered within that State or insular area; ( 6 ) The adjacent states and insular areas expected to be communicated with during a regional disaster or emergency; ( 7 ) The point of contact for emergencies involving more than one State or insular area; ( 8 ) The common frequency band(s) and number of frequencies in each band required for interstate communication, and the point(s) of contact for these adjacent States or insular areas; ( 9 ) The format and emission parameters of radio teletype transmissions to be used for interstate communications. ( n ) All applications for renewal of base/mobile station licenses by licensees who also operate wildlife tracking telemetry transmitters, as described in § 90.20(f)(7) , must include a statement detailing the number of units in service, by frequency, on Public Safety Pool frequencies at the time the renewal application is filed. ( o ) Applicants requesting licenses to operate on frequencies pursuant to § 90.35(c)(1) must submit communications plans containing the following information: ( 1 ) A description of the communication requirement sufficient to demonstrate that no alternative to the link is appropriate and that there is no reasonable way to abbreviate the link; ( 2 ) The frequency bands and the number of frequencies necessary for the link(s); ( 3 ) The name and phone number of the person(s) responsible for ceasing operations of the licensee's stations in the event of interference; and, ( 4 ) Where the link(s) provides a standby backup circuit for another communications circuit, a brief description of the supported circuit and its vulnerability to disruption. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154 , 303 , 307 ) [ 43 FR 54791 , Nov. 22, 1978] Editorial Note Editorial Note: For Federal Register citations affecting § 90.129 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 90.135 Modification of license. ( a ) In addition to those changes listed in § 1.929(k) of this chapter and in accordance with § 1.947 of this chapter the following modifications may be made to an existing authorization without prior Commission approval: ( 1 ) Change in the number and location of station control points or of control stations operating below 470 or above 800 MHz meeting the requirements of § 90.119(b) . ( 2 ) Change in the number of mobile units operated by Radiolocation Service licensees. ( b ) Unless specifically exempted in § 90.175 , licensees must submit a Form 601 application for modification to the applicable frequency coordinator for any change listed in § 1.929(c)(4) of this chapter . [ 65 FR 60875 , Oct. 13, 2000] § 90.137 Applications for operation at temporary locations. ( a ) An application for authority to operate a base or a fixed transmitter at temporary locations shall be filed in accordance with § 1.931 of this chapter and the following: ( 1 ) When one or more individual transmitters are to be operated by a licensee as a base station or as a fixed station at unspecified or temporary locations for indeterminate periods, such transmitters may be considered to comprise a single station intended to be operated at temporary locations. ( 2 ) The application must specify the general geographic area within which the operation will be confined. The area may be specified as a city, a county or counties, a state or states or other definable geographic area such as a specified radius around a particular city or known geographic site. ( 3 ) Applications for operation at temporary locations exceeding 180 days must be accompanied by evidence of frequency coordination, except that applications for operation at temporary locations exceeding 180 days by applicants using 220-222 MHz spectrum for geophysical telemetry operations need not be accompanied by evidence of frequency coordination. ( b ) When any unit or units of a base station or fixed station which are authorized for operation at temporary locations actually remain or are intended to remain at the same location for more than 1 year, an application for a separate authorization specifying the fixed location shall be made as soon as possible, but not later than 30 days after the expiration of the 1-year period. ( c ) The provisions of this section do not apply to the 4940-4990 MHz band. [ 43 FR 54791 , Nov. 22, 1978, as amended at 45 FR 63862 , Sept. 26, 1980; 51 FR 14997 , Apr. 22, 1986; 58 FR 44956 , Aug. 25, 1993; 62 FR 15992 , Apr. 3, 1997; 63 FR 68963 , Dec. 14, 1998; 68 FR 38639 , June 30, 2003] § 90.138 Applications for itinerant frequencies. An application for authority to conduct an itinerant operation in the Industrial/Business Pool must be restricted to use of itinerant frequencies or other frequencies not designated for permanent use and need not be accompanied by evidence of frequency coordination. Users should be aware that no interference protection is provided from other itinerant operations. [ 72 FR 35194 , June 27, 2007] § 90.149 License term. ( a ) Except as provided in subpart R of this part , licenses for stations authorized under this part will be issued for a term not to exceed ten (10) years from the date of the original issuance or renewal. ( b ) Non-exclusive geographic area licenses for DSRCS Roadside Units (RSUs) under subpart M of this part in the 5895-5925 MHz band will be issued for a term not to exceed ten years from the date of original issuance or renewal. The registration dates of individual RSUs (see § 90.375 ) will not change the overall renewal period of the single license. [ 43 FR 54791 , Nov. 22, 1978, as amended at 49 FR 36376 , Sept. 17, 1984; 56 FR 19602 , Apr. 29, 1991; 56 FR 65858 , Dec. 19, 1991; 59 FR 59958 , Nov. 21, 1994; 62 FR 18924 , Apr. 17, 1997; 63 FR 68964 , Dec. 14, 1998; 65 FR 60875 , Oct. 13, 2000; 69 FR 46442 , Aug. 3, 2004; 70 FR 61061 , Oct. 20, 2005; 78 FR 25175 , Apr. 29, 2013; 86 FR 23296 , May 3, 2021] § 90.155 Time in which station must be placed in operation. ( a ) All stations authorized under this part, except as provided in §§ 90.528 , 90.529 , 90.629 , 90.631(f) , 90.665 , and 90.685 must be placed in operation within twelve (12) months from the date of grant or the authorization cancels automatically and must be returned to the Commission. ( b ) A local government entity in the Public Safety Pool, applying for any frequency in this part, may also seek extended implementation authorization pursuant to § 90.629 . ( c ) For purposes of this section, a base station is not considered to be placed in operation unless at least one associated mobile station is also placed in operation. See also §§ 90.633(d) and 90.631(f) . ( d ) Multilateration LMS EA-licensees, authorized in accordance with § 90.353 , must construct and place in operation a sufficient number of base stations that utilize multilateration technology ( see paragraph (e) of this section) to provide multilateration location service to one-third of the EA's population within five years of initial license grant, and two-thirds of the population within ten years. Licensees may, in the alternative, provide substantial service to their licensed area within the appropriate five- and ten-year benchmarks. In demonstrating compliance with the construction and coverage requirements, the Commission will allow licensees to individually determine an appropriate field strength for reliable service, taking into account the technologies employed in their system design and other relevant technical factors. At the five- and ten-year benchmarks, licensees will be required to file a map and FCC Form 601 showing compliance with the coverage requirements ( see § 1.946 of this chapter ). ( e ) A multilateration LMS station will be considered constructed and placed in operation if it is built in accordance with its authorized parameters and is regularly interacting with one or more other stations to provide location service, using multilateration technology, to one or more mobile units. Specifically, LMS multilateration stations will only be considered constructed and placed in operation if they are part of a system that can interrogate a mobile, receive the response at 3 or more sites, compute the location from the time of arrival of the responses and transmit the location either back to the mobile or to a subscriber's fixed site. ( f ) For purposes of this section, a station licensed to provide commercial mobile radio service is not considered to have commenced service unless it provides service to at least one unaffiliated party. ( g ) Application for extension of time to commence service may be made on FCC Form 601. Extensions of time must be filed prior to the expiration of the construction period. Extensions will be granted only if the licensee shows that the failure to commence service is due to causes beyond its control. No extensions will be granted for delays caused by lack of financing, lack of site availability, for the assignment or transfer of control of an authorization, or for failure to timely order equipment. If the licensee orders equipment within 90 days of the license grant, a presumption of due diligence is created. ( h ) An application for modification of an authorization (under construction) at the existing location does not extend the initial construction period. If additional time to commence service is required, a request for such additional time must be submitted on FCC Form 601, either separately or in conjunction with the submission of the FCC Form 601 requesting modification. ( i ) DSRCS Roadside Units (RSUs) under subpart M of this part in the 5895-5925 MHz band must be placed in operation within 12 months from the effective date of registration (see § 90.375 ) or the authority to operate the RSUs cancels automatically (see § 1.955 of this chapter ). Such registration date(s) do not change the overall renewal period of the single license. Licensees must notify the Commission in accordance with § 1.946 of this chapter when registered units are placed in operation within their construction period. [ 65 FR 60875 , Oct. 13, 2000, as amended at 68 FR 38639 , June 30, 2003; 69 FR 46443 , Aug. 3, 2004; 69 FR 75172 , Dec. 15, 2004; 71 FR 52749 , Sept. 7, 2006; 72 FR 48859 , Aug. 24, 2007; 86 FR 23296 , May 3, 2021; 88 FR 12570 , Feb. 28, 2023] § 90.159 Temporary and conditional permits. ( a ) An applicant for a license under this part (other than a commercial mobile radio license) utilizing an already licensed facility may operate the radio station(s) for a period of up to one hundred eighty (180) days after submitting a Form 601 application for a station license in accordance with § 90.127 of this part , provided that all the antennas employed by control stations are 6.1 meters (20 feet) or less above ground or 6.1 meters (20 feet) or less above a man-made structure other than an antenna tower to which it is affixed. When required by § 90.175 of this part , applications must be accompanied by evidence of frequency coordination. The temporary operation of stations, other than mobile stations within the Canadian coordination zone is limited to stations with a maximum of 5 watts effective radiated power and a maximum antenna height of 6.1 meters (20 ft) above average terrain. ( b ) An applicant proposing to operate a new land mobile radio station or modify an existing station below 470 MHz or in the 769-775/799-805 MHz band, 806-824/851-866 MHz band, or the one-way paging 929-930 MHz band (other than a commercial mobile radio service applicant or licensee on these bands) that is required to submit a frequency coordination recommendation pursuant to paragraphs (b) through (h) of § 90.175 of this part may operate the proposed station during the pendency of its application for a period of up to one hundred eighty (180) days upon the filing of a properly completed formal Form 601 application that complies with § 90.127 of this part if the application is accompanied by evidence of frequency coordination in accordance with § 90.175 of this part and provided that the following conditions are satisfied: ( 1 ) The proposed station location is west of Line C as defined in § 90.7 , and (for applicants proposing to operate below 470 MHz or in the 769-775/799-805 MHz band or the 806-824/851-866 MHz band) south of Line A as defined in § 90.7 . ( 2 ) The proposed antenna structure has been previously studied by the Federal Aviation Administration and determined to pose no hazard to aviation safety as required by § 17.4 of the Commission's Rules; or the proposed antenna or tower structure does not exceed 6.1 meters (20 feet) above ground level or above an existing man-made structure (other than an antenna structure), if the antenna or tower has not been previously studied by the Federal Aviation Administration and cleared by the FCC. ( 3 ) The grant of the application does not require a waiver of the Commission's Rules. ( 4 ) The applicant has determined that the proposed facility will not significantly affect the environment as defined in § 1.1307 . ( 5 ) The applicant has determined that the proposed station affords the level of protection to radio quiet zones and radio receiving facilities as specified in § 1.924 of this chapter . ( 6 ) The applicant has submitted an application to the Commission stating the frequency the applicant intends to use and that the frequency coordination requirements specified in § 90.175 for selection and use of this frequency have been met and a minimum of ten business days has passed between submission of the application to the Commission and the onset of operation. ( c ) An applicant proposing to operate an itinerant station or an applicant seeking the assignment of authorization or transfer of control for an existing station below 470 MHz or in the 769-775/799-805 MHz, the 806-824/851-866 MHz band, or the one-way paging 929-930 MHz band (other than a commercial mobile radio service applicant or licensee on these bands) may operate the proposed station during the pendency of its application for a period of up to one hundred eighty (180) days upon the filing of a properly completed formal Form 601 application that complies with § 90.127 of this part . Conditional authority ceases immediately if the application is dismissed by the Commission. All other categories of applications listed in § 90.175 of this part that do not require evidence of frequency coordination are excluded from the provisions of this section. ( d ) Conditional authorization does not prejudice any action the Commission may take on the subject application. Conditional authority is accepted with the express understanding that such authority may be modified or canceled by the Commission at any time without hearing if, in the Commission's discretion, the need for such action arises. Consistent with § 90.175(g) of this part , the applicant assumes all risks associated with operation under conditional authority, the termination or modification of conditional authority, or the subsequent dismissal or denial of its application. Authority reverts back to the original licensee if an assignee or transferee's conditional authority is canceled. ( e ) The transmissions of new stations operating pursuant to conditional authority shall be identified by a temporary call sign consisting of the prefix “WT” followed by the applicant's local seven digit business telephone number as provided in § 2.302 . Transmissions by applicants for the modification, assignment of authorization or transfer of control of an existing station shall be identified by the station's call sign. [ 51 FR 14997 , Apr. 22, 1986, as amended at 54 FR 50239 , Dec. 5, 1989; 58 FR 44956 , Aug. 25, 1993; 58 FR 62291 , Nov. 26, 1993; 59 FR 59959 , Nov. 21, 1994; 62 FR 18924 , Apr. 17, 1997; 63 FR 68964 , Dec. 14, 1998; 69 FR 17959 , Apr. 6, 2004; 83 FR 61095 , Nov. 27, 2018] Special Rules Governing Facilities Used To Provide Commercial Mobile Radio Services Source: 59 FR 59959 , Nov. 21, 1994; 63 FR 68964 , Dec. 14, 1998, unless otherwise noted. Note: The following rules ( §§ 90.165 through 90.169 ) govern applications, licensing, and operation of radio facilities in the 220-222 MHz (subpart T), Business Radio (subpart D), 929-930 MHz Paging (subpart P), and Specialized Mobile Radio (subpart S) services that are used to provide commercial mobile radio services (see §§ 20.3 and 20.9 of this chapter ). Compliance with the rules relating to applications and licensing of facilities on paging-only channels in the Business Radio Service (see § 90.75(c)(10) ) and 929-930 MHz paging channels (see § 90.494(a) , (b) ) is not required prior to August 10, 1996. Compliance with § 90.168 is also not required prior to August 10, 1996 for reclassified commercial mobile radio service providers who are to be regulated as private carriers until August 10, 1996 as provided in the Second Report and Order in GN Docket No. 93-252, 9 FCC Rcd 2348 (1994), paras. 280-284. The licensing and operation of radio facilities in the 220-222 MHz (subpart T), Business Radio (subpart D), 929-930 MHz Paging (subpart P), and Specialized Mobile Radio (subpart S) services that are used to provide commercial mobile radio services are also subject to rules elsewhere in this part that apply generally to Private Land Mobile Radio Services. In the case of any conflict between rules set forth in §§ 90.165 through 90.169 and other rules in this part, §§ 90.165 through 90.169 apply. 14-23. New §§ 90.165 through 90.169 are added to subpart G to read as follows: § 90.165 Procedures for mutually exclusive applications. Mutually exclusive commercial mobile radio service applications are processed in accordance with part 1 of this chapter and with the rules in this section, except for mutually exclusive applications for licenses in the 220-222 MHz service and the 929-930 MHz Paging service, which are processed in accordance with the rules in subpart P and subpart T of this part . Two or more pending applications are mutually exclusive if the grant of one application would effectively preclude the grant of one or more of the others under Commission rules governing the services involved. ( a ) Separate applications. Any applicant that files an application knowing that it will be mutually exclusive with one or more applications should not include in the mutually exclusive application a request for other channels or facilities that would not, by themselves, render the application mutually exclusive with those other applications. Instead, the request for such other channels or facilities should be filed in a separate application. ( b ) Filing groups. Pending mutually exclusive applications are processed in filing groups. Mutually exclusive applications in a filing group are given concurrent consideration. The Commission may dismiss as defective (pursuant to § 1.934 of this chapter ) any mutually exclusive application(s) whose filing date is outside of the date range for inclusion in the filing group. The types of filing groups used in day-to-day application processing are specified in paragraph (c)(3) of this section. A filing group is one of the following types: ( 1 ) Same-day filing group. A same-day filing group comprises all mutually exclusive applications whose filing date is the same day, which is normally the filing date of the first-filed applications(s). ( 2 ) Thirty-day notice and cut-off filing group. A 30-day notice and cut-off filing group comprises mutually exclusive applications whose filing date is no later than thirty (30) days after the date of the Public Notice listing the first-filed application(s) (according to the filing dates) as acceptable for filing. ( 3 ) Window filing group. A window filing group comprises mutually exclusive applications whose filing date is within an announced filing window. An announced filing window is a period of time between and including two specific dates, which are the first and last dates on which applications (or amendments) for a particular purpose may be accepted for filing. In the case of a one-day filing window, the two dates are the same. The dates are made known to the public in advance. ( c ) Procedures. Generally, the Commission may grant one application in a filing group of mutually exclusive applications and dismiss the other application(s) in the filing group that are excluded by the grant, pursuant to § 1.935 of this chapter . ( 1 ) Selection methods. In selecting the application to grant, the Commission may use competitive bidding, random selection, or comparative hearings, depending on the type of applications involved. ( 2 ) Dismissal of applications. The Commission may dismiss any application in a filing group that is defective or otherwise subject to dismissal under § 1.934 of this chapter , either before or after employing selection procedures. ( 3 ) Type of filing group used. Except as otherwise provided in this part, the type of filing group used in processing of two or more mutually exclusive applications depends on the purpose(s) of the applications. ( i ) If any mutually exclusive application filed on the earliest filing date is an application for modification and none of the mutually exclusive applications is a timely-filed application for renewal, a same-day filing group is used. ( ii ) If any mutually exclusive application filed on the earliest filing date is an application for modification, a same-day filing group is used. ( 4 ) Disposition. If there is only one application in any type of filing group, the Commission may grant that application and dismiss without prejudice any mutually exclusive applications not in the filing group. If there is more than one mutually exclusive application in a filing group, the Commission disposes of these applications as follows: ( i ) Applications in a 30-day notice and cut-off filing group. ( A ) If all of the mutually exclusive applications in a 30-day notice and cut-off filing group are applications for initial authorization, the Commission administers competitive bidding procedures in accordance with subpart Q of part 1 of this chapter . After such procedures, the application of the successful bidder may be granted and the other applications may be dismissed without prejudice. ( B ) If any of the mutually exclusive applications in a 30-day notice and cut-off filing group is an application for modification or an application for facilities, the Commission may attempt to resolve the mutual exclusivity by facilitating a settlement between the applicants. If a settlement is not reached within a reasonable time, the Commission may designate all applications in the filing group for comparative consideration in a hearing. In this event, the result of the hearing disposes all of the applications in the filing group. ( ii ) Applications in a same-day filing group. If there are two or more mutually exclusive applications in a same-day filing group, the Commission may attempt to resolve the mutual exclusivity by facilitating a settlement between the applicants. If a settlement is not reached within a reasonable time, the Commission may designate all applications in the filing group for comparative consideration in a hearing. In this event, the result of the hearing disposes all of the applications in the filing group. ( iii ) Applications in a window filing group. Applications in a window filing group are processed in accordance with the procedures for a 30-day notice and cut-off filing group in paragraph (c)(4)(ii) of this section. ( d ) Terminology. For the purposes of this section, terms have the following meanings: ( 1 ) The “filing date” of an application is the date on which that application was received in a condition acceptable for filing or the date on which the most recently filed major amendment to that application was received, whichever is later, excluding major amendments in the following circumstances: ( i ) The major amendment reflects only a change in ownership or control found by the Commission to be in the public interest; ( ii ) The major amendment as received is defective or otherwise found unacceptable for filing; or ( iii ) The application being amended has been designated for hearing and the Commission or the presiding officer accepts the major amendment. ( 2 ) An “application for initial authorization” is: ( i ) Any application requesting an authorization for a new system or station; ( ii ) Any application requesting authorization for an existing station to operate on an additional channel, unless the additional channel is for paired two-way radiotelephone operation, is in the same frequency range as the existing channel(s), and will be operationally integrated with the existing channel(s) such as by trunking; or ( iii ) any application requesting authorization for a new transmitter at a location more than 2 kilometers (1.2 miles) from any existing transmitters of the applicant licensee on the requested channel or channel block. [ 59 FR 59959 , Nov. 21, 1994, as amended at 63 FR 68964 , 68965 , Dec. 14, 1998; 82 FR 41548 , Sept. 1, 2017] § 90.168 Equal employment opportunities. Commercial Mobile Radio Services licensees shall afford equal opportunity in employment to all qualified persons, and personnel must not be discriminated against in employment because of sex, race, color, religion, or national origin. ( a ) Equal employment opportunity program. Each licensee shall establish, maintain, and carry out a positive continuing program of specific practices designed to assure equal opportunity in every aspect of employment policy and practice. ( 1 ) Under the terms of its program, each licensee shall: ( i ) Define the responsibility of each level of management to insure a positive application and vigorous enforcement of the policy of equal opportunity, and establish a procedure to review and control managerial and supervisory performance. ( ii ) Inform its employees and recognized employee organizations of the positive equal employment opportunity policy and program and enlist their cooperation. ( iii ) Communicate its equal employment opportunity policy and program and its employment needs to sources of qualified applicants without regard to sex, race, color, religion or national origin, and solicit their recruitment assistance on a continuing basis. ( iv ) Conduct a continuing campaign to exclude every form of prejudice or discrimination based upon sex, race, color, religion, or national origin, from the licensee's personnel policies and practices and working conditions. ( v ) Conduct a continuing review of job structure and employment practices and adopt positive recruitment, training, job design and other measures needed in order to insure genuine equality of opportunity to participate fully in all organizational units, occupations and levels of responsibility. ( 2 ) The program must reasonably address specific concerns through policies and actions as set forth in this paragraph, to the extent that they are appropriate in consideration of licensee size, location and other factors. ( i ) To assure nondiscrimination in recruiting. ( A ) Posting notices in the licensee's offices informing applicants for employment of their equal employment rights and their right to notify the Equal Employment Opportunity Commission (EEOC), the Federal Communications Commission (Commission), or other appropriate agency. Where a substantial number of applicants are Spanish-surnamed Americans, such notice should be posted in both Spanish and English. ( B ) Placing a notice in bold type on the employment application informing prospective employees that discrimination because of sex, race, color, religion, or national origin is prohibited, and that they may notify the EEOC, the Commission, or other appropriate agency if they believe they have been discriminated against. ( C ) Placing employment advertisements in media which have significant circulation among minority groups in the recruiting area. ( D ) Recruiting through schools and colleges with significant minority group enrollments. ( E ) Maintaining systematic contacts with minority and human relations organizations, leaders and spokespersons to encourage referral of qualified minority or female applicants. ( F ) Encouraging present employees to refer minority or female applicants. ( G ) Making known to the appropriate recruitment sources in the employer's immediate area that qualified minority members are being sought for consideration whenever the licensee hires. ( ii ) To assure nondiscrimination in selection and hiring. ( A ) Instructing employees of the licensee who make hiring decisions that all applicants for all jobs are to be considered without discrimination. ( B ) Where union agreements exist, cooperating with the union or unions in the development of programs to assure qualified minority persons or females of equal opportunity for employment, and including an effective nondiscrimination clause in new or renegotiated union agreements. ( C ) Avoiding use of selection techniques or tests that have the effect of discriminating against minority groups or females. ( iii ) To assure nondiscriminatory placement and promotion. ( A ) Instructing employees of the licensee who make decisions on placement and promotion that minority employees and females are to be considered without discrimination, and that job areas in which there is little or no minority or female representation should be reviewed to determine whether this results from discrimination. ( B ) Giving minority groups and female employees equal opportunity for positions which lead to higher positions. Inquiring as to the interest and skills of all lower-paid employees with respect to any of the higher-paid positions, followed by assistance, counseling, and effective measures to enable employees with interest and potential to qualify themselves for such positions. ( C ) Reviewing seniority practices to insure that such practices are nondiscriminatory and do not have a discriminatory effect. ( D ) Avoiding use of selection techniques or tests that have the effect of discriminating against minority groups or females. ( iv ) to assure nondiscrimination in other areas of employment practices. ( A ) Examining rates of pay and fringe benefits for present employees with equivalent duties and adjusting any inequities found. ( B ) Providing opportunity to perform overtime work on a basis that does not discriminate against qualified minority groups or female employees. ( b ) EEO statement. Each licensee having sixteen (16) or more full-time employees shall file with the Commission, no later than May 31st following the grant of that licensee's first Commercial Mobile Radio Services authorization, a statement describing fully its current equal employment opportunity program, indicating specific practices to be followed in order to assure equal employment opportunity on the basis of sex, race, color, religion, or national origin in such aspects of employment practices as regards recruitment, selection, training, placement, promotion, pay, working conditions, demotion, layoff, and termination. Any licensee having sixteen (16) or more full-time employees that changes its existing equal employment opportunity program shall file with the Commission, no later than May 31st thereafter, a revised statement reflecting the change(s). Note: Commercial mobile radio service licensees having sixteen (16) or more full-time employees that do not have a current EEO statement on file with the Commission as of January 2, 1995, must file the statement required by this paragraph no later than May 31, 1995. ( c ) Report of complaints filed against licensees. Each licensee, regardless of how many employees it has, shall submit an annual report to the Commission no later than May 31st of each year indicating whether any complaints regarding violations by the licensee or equal employment provisions of Federal, State, Territorial, or local law have been filed before anybody having competent jurisdiction. ( 1 ) The report should state the parties involved, the date filing, the courts or agencies before which the matters have been heard, the appropriate file number (if any), and the respective disposition or current status of any such complaints. ( 2 ) Any licensee who has filed such information with the EEOC may file a notification of such filing with the Commission in lieu of a report. ( d ) Complaints of violations of Equal Employment Programs. Complaints alleging employment discrimination against a common carrier licensee are considered by the Commission in the following manner: ( 1 ) If a complaint raising an issue of discrimination is received against a licensee who is within the jurisdiction of the EEOC, it is submitted to that agency. The Commission maintains a liaison with that agency that keeps the Commission informed of the disposition of complaints filed against common carrier licensees. ( 2 ) Complaints alleging employment discrimination against a common carrier licensee who does not fall under the jurisdiction of the EEOC but is covered by appropriate enforceable State law, to which penalties apply, may be submitted by the Commission to the respective State agency. ( 3 ) Complaints alleging employment discrimination against a common carrier licensee who does not fall under the jurisdiction of the EEOC or an appropriate State law, are accorded appropriate treatment by the Commission. ( 4 ) The Commission will consult with the EEOC on all matters relating to the evaluation and determination of compliance by the common carrier licensees with the principles of equal employment as set forth herein. ( 5 ) Complaints indicating a general pattern of disregard of equal employment practices which are received against a licensee that is required to file an employment report to the Commission under § 1.815(a) of this chapter are investigated by the Commission. ( e ) Commission records. A copy of every annual employment report, equal employment opportunity program statement, reports on complaints regarding violation of equal employment provisions of Federal, State, Territorial, or local law, and copies of all exhibits, letters, and other documents filed as part thereof, all amendments thereto, all correspondence between the licensee and the Commission pertaining to the reports after they have been filed and all documents incorporated therein by reference, are open for public inspection at the offices of the Commission. ( f ) Licensee records. Each licensee required to file annual employment reports (pursuant to § 1.815(a) of this chapter ), equal employment opportunity program statements, and annual reports on complaints regarding violations of equal employment provisions of Federal, State, Territorial, or local law shall maintain for public inspection a file containing a copy of each such report and copies of all exhibits, letters, and other documents filed as part thereto, all correspondence between the licensee and the Commission pertaining to the reports after they have been filed and all documents incorporated therein by reference. The documents must be retained for a period of two (2) years. § 90.169 Construction prior to grant of application. Applicants may construct facilities prior to grant of their applications, subject to the provisions of this section, but must not operate such facilities until the Commission grants an authorization. If the conditions stated in this section are not met, applicants must not begin to construct facilities. ( a ) When applicants may begin construction. An applicant may begin construction of a facility thirty-five (35) days after the date of the Public Notice listing the application for that facility as acceptable for filing. ( b ) Notification to stop. If the Commission for any reason determines that construction should not be started or should be stopped while an application is pending, and so notifies the applicant, orally (followed by written confirmation) or in writing, the applicant must not begin construction or, if construction has begun, must stop construction immediately. ( c ) Assumption of risk. Applicants that begin construction pursuant to this section before receiving an authorization do so at their own risk and have no recourse against the United States for any losses resulting from: ( 1 ) Applications that are not granted; ( 2 ) Errors or delays in issuing Public Notices; ( 3 ) Having to alter, relocate, or dismantle the facility; or ( 4 ) Incurring whatever costs may be necessary to bring the facility into compliance with applicable laws, or Commission rules and orders. ( d ) Conditions. Except as indicated, all pre-grant construction is subject to the following conditions: ( 1 ) The application is not mutually exclusive with any other application; ( 2 ) No petitions to deny the application have been filed; ( 3 ) The application does not include a request for a waiver of one or more Commission rules; ( 4 ) For any construction or alteration that would exceed the requirements of § 17.7 of this chapter , the licensee has notified the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1), filed a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the Commission; ( 5 ) The applicant has indicated in the application that the proposed facility would not have a significant environmental effect, in accordance with §§ 1.1301 through 1.1319 of this chapter ; and, ( 6 ) Under applicable international agreements and rules in this part, individual coordination of the proposed channel assignment(s) with a foreign administration is not required. Subpart H—Policies Governing the Assignment of Frequencies § 90.171 Scope. This subpart contains detailed information concerning the policies under which the Commission assigns frequencies for the use of licensees under this part, frequency coordination procedures, and procedures under which licensees may cooperatively share radio facilities. § 90.173 Policies governing the assignment of frequencies. ( a ) Except as indicated in paragraph (j) of this section, the frequencies which ordinarily may be assigned to stations in the services governed by this part are listed in subparts B , C and F of this part . Except as otherwise specifically provided in this part, frequencies assigned to land mobile stations are available on a shared basis only and will not be assigned for the exclusive use of any licensee. ( b ) All applicants and licensees shall cooperate in the selection and use of frequencies in order to reduce interference and make the most effective use of the authorized facilities. Licensees of stations suffering or causing harmful interference are expected to cooperate and resolve this problem by mutually satisfactory arrangements. If the licensees are unable to do so, the Commission may impose restrictions including specifying the transmitter power, antenna height, or area or hours of operation of the stations concerned. Further the use of any frequency at a given geographical location may be denied when, in the judgment of the Commission, its use in that location is not in the public interest; the use of any frequency may be restricted as to specified geographical areas, maximum power, or such other operating conditions, contained in this part or in the station authorization. ( c ) Frequencies assigned to Federal Government radio stations by the National Telecommunications and Information Administration may be authorized under the provisions set forth in § 2.102(c) of this chapter . ( d ) The radio facilities authorized under this part are intended for use in connection with and as an adjunct to the primary governmental or business activities of the licensee. ( e ) Persons requesting authority to operate in the band 25-50 MHz should recognize that this band is shared with various services in other countries and that harmful interference may be caused by the propagation of signals in this band from distant stations. No protection from such harmful interference generally can be expected. ( f ) Applications for stations in the 150-174 MHz and 421-512 MHz bands for operation on frequencies 15 kHz or less removed from existing stations in the same geographic area will be granted based upon a recommendation from the applicable frequency coordinator as specified in §§ 90.20(c)(2) and 90.35(b)(2) . ( g ) In the states of Alaska and Hawaii, and in areas outside the continental limits of the United States and the adjacent waters, the frequencies above 150.8 MHz which are listed elsewhere in this part as available for assignment to base stations or mobile stations in the Industrial/Business Pool are also available for assignment to operational fixed stations in the Industrial/Business Pool on a secondary basis. ( h ) In the Public Safety Pool, base stations may be authorized to operate on a secondary basis on frequencies below 450 MHz which are available to mobile stations. ( i ) In the 450-470 MHz band, the frequencies are ordinarily assigned in pairs, with the mobile station transmit frequency 5 MHz above the paired base station transmit frequency. In the 470-512 MHz band, the frequencies are ordinarily assigned in pairs with the mobile station transmit frequency 3 MHz above the paired base station transmit frequency. In the Industrial/Business Pool, in the 150 MHz band, the frequencies subject to § 90.35(c)(6) may be assigned in pairs with the separation between base and mobile frequencies being 5.26 MHz. A mobile station may be assigned the frequency which would normally be assigned to a base station for single-frequency operation. However, this single-frequency operation may be subject to interference that would not occur to a two-frequency system. ( j ) Frequencies other than those listed in subparts B and C of this part may be assigned in the 150-174 MHz, 421-430 MHz, 450-470 MHz, and 470-512 MHz bands, provided the following conditions are met: ( 1 ) Such applications must be accompanied by a showing of frequency coordination in accordance with the requirements of § 90.175 ; ( 2 ) The frequencies must not be available in any other rule part of this chapter; and ( 3 ) The authorized bandwidth of any system operating in accordance with this paragraph must not overlap spectrum available in other rule parts of this chapter unless that spectrum is also allocated in part 90. ( k ) This paragraph is only applicable to entities with Finder's Preference requests pending before the Commission as of July 29, 1998. Notwithstanding any other provisions of this part, any eligible person shall be given a dispositive preference for a channel assignment on an exclusive basis in the 220-222 MHz, 470-512 MHz, and 800/900 MHz (except on frequencies designated exclusively for SMR service) bands by submitting information that leads to the recovery of channels in these bands. Recovery of such channels must result from information provided regarding the failure of existing licensees to comply with the provisions of § 90.155 , § 90.157 , § 90.629 , § 90.631 (e) or (f) , or § 90.633 (c) or (d) . ( l ) In the 150-174 MHz band, except where otherwise specifically provided, authorizations for frequencies that were available prior to August 18, 1995 will be granted with channel bandwidths of 25 kHz or less. Authorizations for all other frequencies in this band will be granted with channel bandwidths of 12.5 kHz or less ( i.e., in the Public Safety Pool, frequencies subject to §§ 90.20 (d)(27) and (d)(44) , and in the Industrial/Business Pool, frequencies subject to §§ 90.35 (c)(30) and (c)(33) ). ( m ) In the 421-512 MHz band, except where otherwise specifically provided, authorizations for frequencies that were available prior to August 18, 1995 will be granted with channel bandwidths of 25 kHz or less. New authorizations for frequencies 12.5 kHz removed from these frequencies will be made for channel bandwidths of 12.5 kHz or less ( i.e., in the Public Safety Pool, frequencies subject to § 90.20(d)(27) and in the Industrial/Business Pool, frequencies subject to § 90.35(c)(30) ). Authorizations for frequencies 6.25 kHz removed from these frequencies will be granted with channel bandwidths of 6.25 kHz or less ( i.e., in the Public Safety Pool, frequencies subject to § 90.20(d)(44) , and in the Industrial/Business Pool, frequencies subject to § 90.35(c)(33) ). ( n ) Any recovered channels in the 800 MHz SMR service will revert automatically to the holder of the EA license within which such channels are included. If there is no EA licensee for recovered channels, such channels will be retained by the Commission for future licensing. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154 , 303 , 307 ) [ 43 FR 54791 , Nov. 22, 1978] Editorial Note Editorial Note: For Federal Register citations affecting § 90.173 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 90.175 Frequency coordinator requirements. Except for applications listed in paragraph (j) of this section, each application for a new frequency assignment, for a change in existing facilities as listed in § 90.135(a) , or for operation at temporary locations in accordance with § 90.137 must include a showing of frequency coordination as set forth further. ( a ) Frequency coordinators may request, and applicants are required to provide, all appropriate technical information, system requirements, and justification for requested station parameters when such information is necessary to identify and recommend the most appropriate frequency. Additionally, applicants bear the burden of proceeding and the burden of proof in requesting the Commission to overturn a coordinator's recommendation. ( b ) For frequencies between 25 and 470 MHz. ( 1 ) A statement is required from the applicable frequency coordinator as specified in §§ 90.20(c)(2) and 90.35(b) recommending the most appropriate frequency. In addition, for frequencies to which § 90.35(c)(63) or (66) is applicable, the written concurrence of the Commission-certified frequency coordinator for frequencies designated for central station alarm operations must be obtained. In addition, for frequencies above 150 MHz, if the interference contour of a proposed station would overlap the service contour of a station on a frequency formerly shared prior to radio service consolidation by licensees in the Manufacturers Radio Service, the Forest Products Radio Service, the Power Radio Service, the Petroleum Radio Service, the Motor Carrier Radio Service, the Railroad Radio Service, the Telephone Maintenance Radio Service or the Automobile Emergency Radio Service, the written concurrence of the coordinator for the industry-specific service, or the written concurrence of the licensee itself, must be obtained. Requests for concurrence must be responded to within 20 days of receipt of the request. The written request for concurrence shall advise the receiving party of the maximum 20 day response period. The coordinator's recommendation may include comments on technical factors such as power, antenna height and gain, terrain and other factors which may serve to minimize potential interference. In addition: ( 2 ) On frequencies designated for coordination or concurrence by a specific frequency coordinator as specified in §§ 90.20(c)(3) and 90.35(b) , and on frequencies designated for concurrence as specified in § 90.35(c)(63) or (66) , the applicable frequency coordinator shall provide a written supporting statement in instances in which coordination or concurrence is denied. The supporting statement shall contain sufficient detail to permit discernment of the technical basis for the denial of concurrence. Concurrence may be denied only when a grant of the underlying application would have a demonstrable, material, adverse effect on safety. ( 3 ) In instances in which a frequency coordinator determines that an applicant's requested frequency or the most appropriate frequency is one designated for coordination or concurrence by a specific frequency coordinator as specified in § 90.20(c)(3) or § 90.35(b) , that frequency coordinator may forward the application directly to the appropriate frequency coordinator. A frequency coordinator may only forward an application as specified above if consent is received from the applicant. ( 4 ) For any application for mobile repeater station operations on frequencies denoted by both § 90.20(d)(90) and (92) , or by both § 90.35(c)(93) and (95) the frequency coordinator responsible for the application must determine and disclose to the applicant the call signs and the service areas of all active co-channel incumbent remote control and telemetry stations inside the applicant's proposed area of operation by adding a special condition to the application, except when the applicant has obtained written concurrence from an affected incumbent licensee, or when the applicant and the incumbent licensee are the same entity. ( c ) For frequencies above 800 MHz: When frequencies are shared by more than one service, concurrence must be obtained from the other applicable certified coordinators. ( d ) For frequencies in the 450-470 MHz band: When used for secondary fixed operations, frequencies shall be assigned and coordinated pursuant to § 90.261 . ( e ) For frequencies between 470-512 MHz, 769-775/799-805 MHz, 806-824/851-869 MHz and 896-901/935-940 MHz: A recommendation of the specific frequencies that are available for assignment in accordance with the loading standards and mileage separations applicable to the specific radio service, frequency pool, or category of user involved is required from an applicable frequency coordinator. In addition, a frequency coordinator must perform the contour overlap analysis detailed in § 90.621(d) when coordinating applications for channels in the 809-817 MHz/854-862 MHz band segment once interstitial 12.5 kHz bandwidth channels become available for licensing in a National Public Safety Planning Advisory Committee region. ( f ) For frequencies in the 929-930 MHz band listed in paragraph (b) of § 90.494 : A statement is required from the coordinator recommending the most appropriate frequency. ( g ) For frequencies between 1427-1432 MHz and 4940-4990 MHz: A statement is required as follows. ( 1 ) For frequencies between 1427-1432 MHz: A statement is required from the coordinator recommending the most appropriate frequency, operating power and area of operation in accordance with the requirements of § 90.259(b) . ( 2 ) For frequencies between 4940-4990 MHz: A statement is required from the nationwide band manager recommending the most appropriate channel(s), bandwidth, operating power, and any other technical parameter which promotes robust and efficient use of the band while minimizing interference based on the standard for harmful interference specified in § 90.1211(a) . ( 3 ) Compliance date. Paragraph (g)(2) of this section may contain information collection and/or recordkeeping requirements. Compliance with paragraph (g)(2) will not be required until this paragraph (g)(3) is removed or contains a compliance date, which will not occur until the date specified in a final rule published by the FCC announcing that the Office of Management and Budget has completed review of any information collection requirements associated with paragraph (g)(2) of this section or that they have determined such review is not required, which date shall be no earlier than February 28, 2024. ( h ) Any recommendation submitted in accordance with paragraphs (a) , (c) , (d) , or (e) of this section is advisory in character and is not an assurance that the Commission will grant a license for operation on that frequency. Therefore, applicants are strongly advised not to purchase radio equipment operating on specific frequencies until a valid authorization has been obtained from the Commission. ( i ) Applications for facilities near the Canadian border north of line A or east of line C in Alaska may require coordination with the Canadian government. See § 1.928 of this chapter . ( j ) The following applications need not be accompanied by evidence of frequency coordination: ( 1 ) Applications for frequencies below 25 MHz. ( 2 ) Applications for a Federal Government frequency. ( 3 ) Applications for frequencies in the 72-76 MHz band except for mobile frequencies subject to § 90.35(c)(77) . ( 4 ) [Reserved] ( 5 ) Applications in the Industrial/Business Pool requesting a frequency designated for itinerant operations. ( 6 ) Applications in the Radiolocation Service. ( 7 ) Applications filed exclusively to modify channels in accordance with band reconfiguration in the 806-824/851-869 band. ( 8 ) Applications for SMR frequencies contained in §§ 90.617(d) Table 4A, 90.617(e), 90.617(f) and 90.619(b)(2). ( 9 ) Applications indicating license assignments such as change in ownership, control or corporate structure if there is no change in technical parameters. ( 10 ) Applications for mobile stations operating in the 470-512 MHz band, 799-805 MHz band, or above 800 MHz if the frequency pair is assigned to a single system on an exclusive basis in the proposed area of operation. ( 11 ) Applications for add-on base stations in multiple licensed systems operating in the 470-512 MHz, 769-775 MHz band, or above 800 MHz if the frequency pair is assigned to a single system on an exclusive basis. ( 12 ) Applications for control stations operating below 470 MHz, 769-775/799-805 MHz, or above 800 MHz and meeting the requirements of § 90.119(b) . ( 13 ) Except for applications for the frequencies set forth in § 90.719(c) and § 90.720 , applications for frequencies in the 220-222 MHz band. ( 14 ) Applications for a state license under § 90.529 . ( 15 ) Applications for narrowband low power channels listed for itinerant use in § 90.531(b)(4) . ( 16 ) Applications for DSRCS licenses (as well as registrations for Roadside Units) under subpart M of this part in the 5895-5925 MHz band. ( 17 ) Applications for the deletion of a frequency and/or transmitter site location. ( 18 ) Applications for base, mobile, or control stations in the 763-768 MHz and 793-798 MHz bands. ( 19 ) Applications filed exclusively to return channels that had been authorized for commercial operation pursuant to § 90.621(e) or (f) to non-commercial operation (including removal of the authorization to interconnect with the public switched telephone network). ( 20 ) Applications for a reduction in the currently authorized emission bandwidth or a deletion of an existing emission designator. ( 21 ) Applications for a reduction in antenna height or authorized power. ( 22 ) [Reserved] [ 67 FR 41858 , June 20, 2002, as amended at 67 FR 63289 , Oct. 11, 2002; 68 FR 38639 , June 30, 2003; 69 FR 39867 , July 1, 2004; 69 FR 46443 , Aug. 3, 2004; 70 FR 61061 , Oct. 20, 2005; 70 FR 76708 , Dec. 28, 2005; 72 FR 48859 , Aug. 24, 2007; 75 FR 19284 , Apr. 14, 2010; 77 FR 45506 , Aug. 1, 2012; 78 FR 25175 , Apr. 29, 2013; 81 FR 2110 , Jan. 15, 2016; 83 FR 61095 , Nov. 27, 2018; 84 FR 29085 , June 21, 2019; 86 FR 23296 , May 3, 2021; 88 FR 12570 , Feb. 28, 2023] § 90.176 Coordinator notification requirements on frequencies below 512 MHz, at 769-775/799-805 MHz, or at 1427-1432 MHz. ( a ) Frequencies below 470 MHz. Within one business day of making a frequency recommendation, each frequency coordinator must notify and provide the information indicated in paragraph (g) of this section to all other frequency coordinators who are also certified to coordinate that frequency. ( 1 ) The applicable frequency coordinator for each frequency is specified in the coordinator column of the frequency tables of §§ 90.20(c)(3) and 90.35(b)(3) . ( 2 ) For frequencies that do not specify any frequency coordinator, all certified in-pool coordinators must be notified. ( 3 ) For frequencies that are shared between the Public Safety Pool and the Industrial/Business Pool (frequencies subject to §§ 90.20(d)(7) , (d)(25) , (d)(34) , or (d)(46) in the Public Safety Pool, and subject to §§ 90.35(c)(13) , (c)(25) , or (d)(4) in the Industrial/Business Pool), all certified coordinators of both pools must be notified. ( b ) Frequencies in the 470-512 MHz band. Within one business day of making a frequency recommendation, each frequency coordinator must notify and provide the information indicated in paragraph (g) of this section to all other certified frequency coordinators in the Public Safety Pool and the Industrial/Business Pool. ( c ) Frequencies in the 769-775/799-805 MHz band. Within one business day of making a frequency recommendation, each frequency coordinator must notify and provide the information indicated in paragraph (g) of this section to all other certified frequency coordinators in the Public Safety Pool. ( d ) Frequencies in the 1427-1432 MHz band. Within one business day of making a frequency recommendation, each frequency coordinator must notify and provide the information indicated in paragraph (g) of this section to the WMTS frequency coordinator designated in § 95.113 and to all other frequency coordinators who are also certified to coordinate that frequency. ( e ) Each frequency coordinator must also notify all other certified in-pool coordinators on any day that the frequency coordinator does not make any frequency recommendations. ( f ) Notification must be made to all coordinators at approximately the same time and can be made using any method that ensures compliance with the one business day requirement. ( g ) At a minimum the following information must be included in each notification: ( 1 ) Name of applicant; ( 2 ) Frequency or frequencies recommended; ( 3 ) Antenna locations and heights; ( 4 ) Effective radiated power (ERP); ( 5 ) Type(s) of emissions; ( 6 ) Description of the service area; and ( 7 ) Date and time of recommendation. ( h ) Upon request, each coordinator must provide any additional information requested from another certified coordinator regarding a pending recommendation that it has processed but has not yet been granted by the Commission. ( i ) It is the responsibility of each coordinator to insure that its frequency recommendations do not conflict with the frequency recommendations of any other frequency coordinator. Should a conflict arise, the affected coordinators are jointly responsible for taking action to resolve the conflict, up to and including notifying the Commission that an application may have to be returned. [ 57 FR 41859 , June 20, 2002, as amended at 72 FR 48859 , Aug. 24, 2007] § 90.179 Shared use of radio stations. Licensees of radio stations authorized under this rule part may share the use of their facilities. A station is shared when persons not licensed for the station control the station for their own purposes pursuant to the licensee's authorization. Shared use of a radio station may be either on a non-profit cost shared basis or on a for-profit private carrier basis. Shared use of an authorized station is subject to the following conditions and limitations: ( a ) Persons may share a radio station only on frequencies for which they would be eligible for a separate authorization. ( b ) The licensee of the shared radio station is responsible for assuring that the authorized facility is used only by persons and only for purposes consistent with the requirements of this rule part. ( c ) Participants in the sharing arrangement may obtain a license for their own mobile units (including control points and/or control stations for control of the shared facility), or they may use mobile stations, and control stations or control points authorized to the licensee. ( d ) If the licensee shares the land station on a non-profit, cost shared basis to the licensee, this shared use must be pursuant to a written agreement between the licensee and each participant which sets out ( 1 ) the method of operation, ( 2 ) the components of the system which are covered by the sharing arrangements, ( 3 ) the method by which costs are to be apportioned, and ( 4 ) acknowledgement that all shared transmitter use must be subject to the licensee's control. These agreements must be kept as part of the station records. ( e ) If the land station which is being shared is interconnected with the public switched telephone network, the provisions of § 90.477 et seq. apply. ( f ) Above 800 MHz, shared use on a for-profit private carrier basis is permitted only by SMR, Private Carrier Paging, LMS, and DSRCS licensees. See subparts M , P , and S of this part . ( g ) Notwithstanding paragraph (a) of this section, licensees authorized to operate radio systems on Public Safety Pool frequencies designated in § 90.20 may share their facilities with Federal Government entities on a non-profit, cost-shared basis. Such a sharing arrangement is subject to the provisions of paragraphs (b) , (d) , and (e) of this section, and § 2.103(c) of this chapter concerning operations in the 758-769 MHz and 788-799 MHz bands. State governments authorized to operate radio systems under § 90.529 may share the use of their systems (for public safety services not made commercially available to the public) with any entity that would be eligible for licensing under § 90.523 and Federal government entities. ( h ) Notwithstanding paragraph (a) of this section, licensees authorized to operate radio systems on Industrial/Business Pool frequencies designated in § 90.35 may share their facilities with Public Safety Pool entities designated in § 90.20 and with Federal Government entities on a non-profit, cost-shared basis. Such a sharing arrangement is subject to the provisions of paragraphs (b) , (d) , and (e) of this section. ( i ) The provisions of this section do not apply to licensees authorized to provide commercial mobile radio service under this part, including licensees authorized to use channels transferred or assigned pursuant to § 90.621(e)(2) . ( j ) On the Interoperability Channels in the 700 MHz Public Safety Band ( See 90.531(b)(1)), hand-held and vehicular units operated by any licensee holding a license in the 700 MHz Public Safety Band or by any licensee for any public safety frequency pursuant to part 90 of the Commission's rules may communicate with or through land stations without further authorization and without a sharing agreement. [ 48 FR 26620 , June 9, 1983] Editorial Note Editorial Note: For Federal Register citations affecting § 90.179 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 90.185 Multiple licensing of radio transmitting equipment in the mobile radio service. Two or more persons eligible for licensing under this rule part may be licensed for the same land station under the following terms and conditions. ( a ) Each licensee complies with the general operating requirements set out in § 90.403 of the rules. ( b ) Each licensee is eligible for the frequency(ies) on which the land station operates. ( c ) If the multiple licensed base station is interconnected with the public switched telephone network, the provisions of § 90.477 et seq. apply. [ 48 FR 26621 , June 9, 1983] § 90.187 Trunking in the bands between 150 and 512 MHz. ( a ) Applicants for centralized and decentralized trunked systems operating on frequencies between 150 and 512 MHz (except 220-222 MHz) must indicate on their applications (radio service and class of station code, instructions for FCC Form 601) that their system will be trunked. Licensees of stations that are not trunked may trunk their systems only after modifying their license (see § 1.927 of this chapter ). ( b ) Except as provided in paragraphs (c) and (d) of this section, trunked systems operating under this section must employ equipment that prevents transmission on a trunked frequency if a signal from another system is present on that frequency. The level of monitoring must be sufficient to avoid harmful interference to other systems. ( c ) The monitoring requirement in paragraph (b) of this section does not apply to trunked systems operating in the 470-512 MHz band that meet the loading requirements of § 90.313 and have exclusive use of their frequencies in their service area. ( d ) The monitoring requirement in paragraph (b) of this section does not apply if the application is accompanied by written consent from all affected licensees. ( 1 ) Affected licensees for the purposes of this section are licensees (and previously filed pending applicants) meeting both a spectral and a contour overlap as defined: ( i ) Spectral overlap. Licensees (and filers of previously filed pending applications) with an assigned (or proposed) frequency having a spectral separation from a frequency of the proposed centralized trunked station that does not exceed these values: Proposed station Incumbent authorized bandwidth 25 kHz 12.5 kHz 6.25 kHz 25 kHz 15.0 kHz 15.0 kHz 15.0 kHz 12.5 kHz 15.0 kHz 7.5 kHz 7.5 kHz 6.25 kHz 15.0 kHz 7.5 kHz 5.0 kHz The left column is the authorized bandwidth requested for the proposed trunked station. The second row is the authorized bandwidth of the incumbent. The other cells in the table show the frequency range above and below the frequency of the proposed centralized trunked station that must be considered. ( ii ) Contour overlap. ( A ) Licensees (and filers of previously filed pending applications) with a service contour (37 dBu for stations in the 150-174 MHz band, and 39 dBu for stations in the 421-512 MHz band) that is overlapped by the proposed centralized trunked station's interference contour (19 dBu for stations in the 150-174 MHz band, and 21 dBu for stations in the 421-512 MHz band). Contour calculations are required for base station facilities. Contour calculations are required for associated mobile stations only in the 150-174 MHz band, with the associated base station's service contour used as both the mobile station's service contour and its interference contour. ( B ) The calculation of service and interference contours shall be performed using generally accepted engineering practices and standards, including appropriate derating factors, agreed to by a consensus of all certified frequency coordinators. Frequency coordinators shall make this information available to the Commission upon request. ( C ) For purposes of this section, the authorized operating area of a station or proposed station with no associated base station shall be used as both the station's service contour and its interference contour. ( D ) After January 1, 2013, licensees with an authorized bandwidth exceeding 12.5 kHz will not be deemed affected licensees, unless the licensee meets the efficiency standard set forth in § 90.203(j)(3) or the licensee was granted a waiver of § 90.209(b) . ( 2 ) The written consent from an affected licensee shall state all terms agreed to by the parties and shall be signed by the parties. The written consent shall be maintained by the operator of the centralized trunked station and be made available to the Commission upon request. An application for a centralized trunked station shall include either a certification from the applicant that written consent has been obtained from all affected licensees, or a certification from the frequency coordinator that there are no affected licensees. ( 3 ) In addition, the service contour for proposed centralized trunked stations on Industrial/Business Pool frequencies shall not be overlapped by an incumbent licensee's interference contour. An application filed for Public Safety Pool frequencies, see § 90.20 , for a proposed centralized trunked station in which the service contour of the proposed station is overlapped by the interference contour of the incumbent station(s) is allowed, but the applicant must accept any resultant interference. ( e ) The exclusive service area of a station that has been authorized for centralized trunked operation will be protected from proposed centralized trunked, decentralized trunked or conventional operations in accordance with the standards of paragraph (d) of this section. ( f ) Trunking of systems licensed on paging-only channels or licensed in the Radiolocation Service (subpart F) is not permitted. ( g ) Channel limits. ( 1 ) No more than 10 channels for new centralized trunked operation in the Industrial/Business Pool may be applied for at a single transmitter location or at locations with overlapping service contours as specified in paragraph (d) of this section. Subsequent applications for centralized trunked operation are limited to no more than an additional 10 channels, and must be accompanied by a certification, submitted to the certified frequency coordinator coordinating the application, that all of the applicant's existing channels authorized for centralized trunked operation at that location or at locations with overlapping service contours have been constructed and placed in operation. Certified frequency coordinators are authorized to require documentation in support of the applicant's certification that existing channels have been constructed and placed in operation. ( 2 ) Applicants for Public Safety Pool channels may request more than 10 centralized trunked channels at a single location or at locations with overlapping service contours if accompanied by a showing of sufficient need. The requirement for such a showing may be satisfied by submission of loading studies demonstrating that requested channels in excess of 10 will be loaded with 50 mobiles per channel within a five year period commencing with the grant of the application. ( h ) If a licensee authorized for centralized trunked operation discontinues trunked operation for a period of 30 consecutive days, the licensee, within 7 days thereafter, shall file a conforming application for modification of license with the Commission. [ 78 FR 28754 , May 16, 2013, as amended at 80 FR 18146 , Apr. 3, 2015] Subpart I—General Technical Standards § 90.201 Scope. This subpart sets forth the general technical requirements for use of frequencies and equipment in the radio services governed by this part. Such requirements include standards for acceptability of equipment, frequency tolerance, modulation, emissions, power, and bandwidths. Special additional technical standards applicable to certain frequency bands and certain specialized uses are set forth in subparts J, K, N, and R. [ 67 FR 76700 , Dec. 13, 2002] § 90.203 Certification required. ( a ) Except as specified in paragraphs (b) and (l) of this section, each transmitter utilized for operation under this part and each transmitter marketed as set forth in § 2.803 of this chapter must be of a type which has been certified for use under this part. ( 1 ) Effective October 16, 2002, except in the 1427-1432 MHz band, an equipment approval may no longer be obtained for in-hospital medical telemetry equipment operating under the provisions of this part. The requirements for obtaining an approval for medical telemetry equipment after this date are found in subpart H of part 95 of this chapter . ( 2 ) Effective July 5, 2022, an equipment approval may no longer be obtained for DSRCS equipment (RSUs and OBUs) operating under the provisions of this part. ( 3 ) Any manufacturer of radio transmitting equipment (including signal boosters) to be used in these services may request certification for such equipment following the procedures set forth in subpart J of part 2 of this chapter . Certification for an individual transmitter or signal booster also may be requested by an applicant for a station authorization by following the procedure set forth in part 2 of this chapter . Such equipment if approved will be individually enumerated on the station authorization. ( b ) Certification is not required for the following: ( 1 ) [Reserved] ( 2 ) Transmitters used for police zone and interzone stations authorized as of January 1, 1965. ( 3 ) Transmitting equipment used in the band 1427-1435 MHz. ( 4 ) Transmitters used in radiolocation stations in accordance with subpart F authorized prior to January 1, 1974, for public safety and land transportation applications (old parts 89 and 93). ( 5 ) Transmitters used in radiolocation stations in accordance with subpart F authorized for industrial applications (old part 91) prior to January 1, 1978. ( 6 ) [Reserved] ( 7 ) Transmitters imported and marketed prior to September 1, 1996 for use by LMS systems. ( c ) Radiolocation transmitters for use in public safety and land transportation applications marketed prior to January 1, 1974, must meet the applicable technical standards in this part, pursuant to § 2.803 of this chapter . ( d ) Radiolocation transmitters for use in public safety and land transportation applications marketed after January 1, 1974, must comply with the requirements of paragraph (a) of this section. ( e ) Except as provided in paragraph (g) of this section, transmitters designed to operate above 25 MHz shall not be certified for use under this part if the operator can program and transmit on frequencies, other than those programmed by the manufacturer, service or maintenance personnel, using the equipment's external operation controls. ( f ) Except as provided in paragraph (g) of this section, transmitters designed to operate above 25 MHz that have been approved prior to January 15, 1988, and that permit the operator, by using external controls, to program the transmitter's operating frequencies, shall not be manufactured in, or imported into the United States after March 15, 1988. Marketing of these transmitters shall not be permitted after March 15, 1989. ( g ) Transmitters having frequency programming capability and that are designed to operate above 25 MHz are exempt from paragraphs (e) and (f) of this section if the design of such transmitters: ( 1 ) Is such that transmitters with external controls normally available to the operator must be internally modified to place the equipment in the programmable mode. Further, while in the programmable mode, the equipment shall not be capable of transmitting. The procedures for making the modification and altering the frequency program shall not be made available with the operating information normally supplied to the end user of the equipment; or ( 2 ) Requires the transmitter to be programmed for frequencies through controls normally inaccessible to the operator; or ( 3 ) Requires equipment to be programmed for frequencies through use of external devices or specifically programmed modules made available only to service/maintenance personnel; or ( 4 ) Requires equipment to be programmed through cloning (copying a program directly from another transmitter) using devices and procedures made available only to service/maintenance personnel. ( h ) The requirements of paragraphs (e) , (f) , and (g) of this section shall not apply if: ( 1 ) The equipment has been designed and manufactured specifically for aircraft use; and ( 2 ) The part 90 certification limits the use of the equipment to operations only under § 90.423 . ( i ) Mobile/portable equipment capable of use in the 806-809/851-854 MHz band segment and submitted for certification thirty or more days after publication of a summary of the Report and Order, (FCC 16-48, released April 25, 2016) in PS Docket 13-209 in the Federal Register must have the capability to operate in the analog FM mode on the mutual aid channels designated in § 90.617(a)(1) . ( j ) Except where otherwise specially provided for, transmitters operating on frequencies in the 150-174 MHz and 406-512 MHz bands must comply with the following: ( 1 ) Applications for certification of mobile and portable equipment designed to transmit voice on public safety frequencies in the 150-174 MHz or 450-470 MHz band will be granted only if the mobile/portable equipment is capable of operating in the analog FM mode on the nationwide public safety interoperability channels in the 150-174 MHz band or 450-470 MHz band, as appropriate. (See § 90.20(c) , (d)(80) of this part .) ( 2 ) Applications for certification received on or after February 14, 1997 but before January 1, 2005 will only be granted for equipment with the following channel bandwidths: ( i ) 12.5 kHz or less for single bandwidth mode equipment or multi-bandwidth mode equipment with a maximum channel bandwidth of 12.5 kHz; ( ii ) 25 kHz for multi-bandwidth mode equipment with a maximum channel bandwidth of 25 kHz if it is capable of operating on channels of 12.5 kHz or less; and ( iii ) 25 kHz if the equipment meets the efficiency standard of paragraph (j)(3) of this section. ( 3 ) Applications for part 90 certification of transmitters designed to operate on frequencies in the 150.8-162.0125 MHz, 173.2-173.4 MHz, and/or 421-512 MHz bands, received on or after February 14, 1997 must include a certification that the equipment meets a spectrum efficiency standard of one voice channel per 12.5 kHz of channel bandwidth. Additionally, if the equipment is capable of transmitting data, has transmitter output power greater than 500 mW, and has a channel bandwidth of more than 6.25 kHz, the equipment must be capable of supporting a minimum data rate of 4800 bits per second per 6.25 kHz of channel bandwidth. ( 4 ) Applications for part 90 certification of transmitters designed to operate on frequencies in the 150.8-162.0125 MHz, 173.2-173.4 MHz, and/or 421-512 MHz bands, received on or after January 1, 2011, except for hand-held transmitters with an output power of two watts or less, will only be granted for equipment with the following channel bandwidths: ( i ) 6.25 kHz or less for single bandwidth mode equipment; ( ii ) 12.5 kHz for multi-bandwidth mode equipment with a maximum channel bandwidth of 12.5 kHz if it is capable of operating on channels of 6.25 kHz or less; ( iii ) 25 kHz for multi-bandwidth mode equipment with a maximum channel bandwidth of 25 kHz if it is capable of operating on channels of 6.25 kHz or less; and ( iv ) Up to 25 kHz if the equipment meets the efficiency standard of paragraph (j)(5) of this section. ( 5 ) Applications for part 90 certification of transmitters designed to operate on frequencies in the 150.8-162.0125 MHz, 173.2-173.4 MHz, and/or 421-512 MHz bands, received on or after January 1, 2011, must include a certification that the equipment meets a spectrum efficiency standard of one voice channel per 6.25 kHz of channel bandwidth. Additionally, if the equipment is capable of transmitting data, has transmitter output power greater than 500 mW, and has a channel bandwidth of more than 6.25 kHz, the equipment must be capable of supporting a minimum data rate of 4800 bits per second per 6.25 kHz of channel bandwidth. ( 6 ) Modification and permissive changes to certification grants. ( i ) The Commission's Equipment Authorization Division will not allow adding a multi-mode or narrowband operation capability to single bandwidth mode transmitters, except under the following conditions: ( A ) Transmitters that have the inherent capability for multi-mode or narrowband operation allowed in paragraphs (j)(2) and (j)(4) of this section, may have their grant of certification modified (reissued) upon demonstrating that the original unit complies with the technical requirements for operation; and ( B ) New FCC Identifiers will be required to identify equipment that needs to be modified to comply with the requirements of paragraphs (j)(2) and (j)(4) of this section. ( ii ) All other applications for modification or permissive changes will be subject to part 2 of this chapter . ( 7 ) Transmitters designed only for one-way paging operations may be certified with up to a 25 kHz bandwidth and are exempt from the spectrum efficiency requirements of paragraphs (j)(3) and (j)(5) of this section. ( 8 ) The Commission's Equipment Authorization Division may, on a case by case basis, grant certification to equipment with slower data rates than specified in paragraphs (j)(3) and (j)(5) of this section, provided that a technical analysis is submitted with the application which describes why the slower data rate will provide more spectral efficiency than the standard data rate. ( 9 ) Transmitters used for stolen vehicle recovery on 173.075 MHz must comply with the requirements of § 90.20(e)(6) . ( 10 ) Except as provided in this paragraph, single-mode and multi-mode transmitters designed to operate in the 150-174 MHz and 421-512 MHz bands that operate with a maximum channel bandwidth greater than 12.5 kHz shall not be manufactured in, or imported into, the United States after January 1, 2011, except as follows: ( i ) To the extent that the equipment meets the efficiency standard of paragraph (j)(3) of this section, or ( ii ) Where operation with a bandwidth greater than 12.5 kHz is specified elsewhere. ( k ) For transmitters operating on frequencies in the 220-222 MHz band, certification will only be granted for equipment with channel bandwidths up to 5 kHz, except that certification will be granted for equipment operating on 220-222 MHz band Channels 1 through 160 (220.0025 through 220.7975/221.0025 through 221.7975), 171 through 180 (220.8525 through 220.8975/221.8525 through 221.8975), and 186 through 200 (220.9275 through 220.9975/221.9275 through 221.9975) with channel bandwidths greater than 5 kHz. ( l ) Ocean buoy and wildlife tracking transmitters operating in the band 40.66-40.70 MHz or 216-220 MHz under the provisions of § 90.248 shall be authorized under Supplier's Declaration of Conformity pursuant to subpart J of part 2 of this chapter . Note 1 to paragraph ( l ): The verification procedure has been replaced by Supplier's Declaration of Conformity. Equipment previously authorized under subpart J of part 2 of this chapter may remain in use. See § 2.950 of this chapter . ( m ) Applications for part 90 certification of transmitters designed to operate in in 769-775 MHz and 799-805 MHz frequency bands will only be granted to transmitters meeting the modulation, spectrum usage efficiency and channel capability requirements listed in §§ 90.535 , 90.547 , and 90.548 . ( n ) [Reserved] ( o ) Equipment certification for transmitters in the 3650-3700 MHz band. ( 1 ) Applications for all transmitters must describe the methodology used to meet the requirement that each transmitter employ a contention based protocol and indicate whether it is capable of avoiding co-frequency interference with devices using all other types of contention-based protocols (see §§ 90.7 , 90.1305 and 90.1321 of this part ); ( 2 ) Applications for mobile transmitters must identify the base stations with which they are designed to communicate and describe how the requirement to positively receive and decode an enabling signal is incorporated (see § 90.1333 of this part ); and ( 3 ) Applications for systems using advanced antenna technology must provide the algorithm used to reduce the equivalent isotropically radiated power (EIRP) to the maximum allowed in the event of overlapping beams (see § 90.1321 of this part ). ( 4 ) Applications for fixed transmitters must include a description of the installation instructions and guidelines for RF safety exposure requirements that will be included with the transmitter. (See § 90.1335 ). ( p ) Certification requirements for signal boosters are set forth in § 90.219 . [ 43 FR 54791 , Nov. 22, 1978; 44 FR 32219 , June 5, 1979] Editorial Note Editorial Note: For Federal Register citations affecting § 90.203 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 90.205 Power and antenna height limits. Applicants for licenses must request and use no more power than the actual power necessary for satisfactory operation. Except where otherwise specifically provided for, the maximum power that will be authorized to applicants whose license applications for new stations are filed after August 18, 1995 is as follows: ( a ) Below 25 MHz. For single sideband operations (J3E emission), the maximum transmitter peak envelope power is 1000 watts. ( b ) 25-50 MHz. The maximum transmitter output power is 300 watts. ( c ) 72-76 MHz. The maximum effective radiated power (ERP) for stations operating on fixed frequencies is 300 watts. Stations operating on mobile-only frequencies are limited to one watt transmitter output power. ( d ) 150-174 MHz. ( 1 ) The maximum allowable station ERP is dependent upon the station's antenna HAAT and required service area and will be authorized in accordance with table 1. Applicants requesting an ERP in excess of that listed in table 1 must submit an engineering analysis based upon generally accepted engineering practices and standards that includes coverage contours to demonstrate that the requested station parameters will not produce coverage in excess of that which the applicant requires. ( 2 ) Applications for stations where special circumstances exist that make it necessary to deviate from the ERP and antenna heights in Table 1 will be submitted to the frequency coordinator accompanied by a technical analysis, based upon generally accepted engineering practices and standards, that demonstrates that the requested station parameters will not produce a signal strength in excess of 37 dBu at any point along the edge of the requested service area. The coordinator may then recommend any ERP appropriate to meet this condition. ( 3 ) An applicant for a station with a service area radius greater than 40 km (25 mi) must justify the requested service area radius, which will be authorized only in accordance with table 1, note 4. For base stations with service areas greater than 80 km, all operations 80 km or less from the base station will be on a primary basis and all operations outside of 80 km from the base station will be on a secondary basis and will be entitled to no protection from primary operations. Table 1—150-174MHz—Maximum ERP/Reference HAAT for a Specific Service Area Radius Service area radius (km) 3 8 13 16 24 32 40 48 4 64 4 80 4 Maximum ERP (w) 1 1 28 178 2 500 2 500 2 500 500 2 500 2 500 2 500 Up to reference HAAT (m) 3 15 15 15 15 33 65 110 160 380 670 1 Maximum ERP indicated provides for a 37 dBu signal strength at the edge of the service area per FCC Report R-6602, Fig. 19 (See § 73.699 , Fig. 10). 2 Maximum ERP of 500 watts allowed. Signal strength at the service area contour may be less than 37 dBu. 3 When the actual antenna HAAT is greater than the reference HAAT, the allowable ERP will be reduced in accordance with the following equation: ERP allow = ERP max × (HAAT ref / HAAT actual ) 2 . 4 Applications for this service area radius may be granted upon specific request with justification and must include a technical demonstration that the signal strength at the edge of the service area does not exceed 37 dBu. ( e ) 217-220 MHz. Limitations on power and antenna heights are specified in § 90.259 . ( f ) 220-222 MHz. Limitations on power and antenna heights are specified in § 90.729 . ( g ) 421-430 MHz. Limitations on power and antenna heights are specified in § 90.279 . ( h ) 450-470 MHz. ( 1 ) The maximum allowable station effective radiated power (ERP) is dependent upon the station's antenna HAAT and required service area and will be authorized in accordance with table 2. Applicants requesting an ERP in excess of that listed in table 2 must submit an engineering analysis based upon generally accepted engineering practices and standards that includes coverage contours to demonstrate that the requested station parameters will not produce coverage in excess of that which the applicant requires. ( 2 ) Applications for stations where special circumstances exist that make it necessary to deviate from the ERP and antenna heights in Table 2 will be submitted to the frequency coordinator accompanied by a technical analysis, based upon generally accepted engineering practices and standards, that demonstrates that the requested station parameters will not produce a signal strength in excess of 39 dBu at any point along the edge of the requested service area. The coordinator may then recommend any ERP appropriate to meet this condition. ( 3 ) An applicant for a station with a service area radius greater than 32 km (20 mi) must justify the requested service area radius, which may be authorized only in accordance with table 2, note 4. For base stations with service areas greater than 80 km, all operations 80 km or less from the base station will be on a primary basis and all operations outside of 80 km from the base station will be on a secondary basis and will be entitled to no protection from primary operations. Table 2—450-470 MHz—Maximum ERP/Reference HAAT for a Specific Service Area Radius Service area radius (km) 3 8 13 16 24 32 40 4 48 4 64 4 80 4 Maximum ERP (w) 1 2 100 2 500 2 500 2 500 2 500 2 500 2 500 2 500 2 500 Up to reference HAAT (m) 3 15 15 15 27 63 125 250 410 950 2700 1 Maximum ERP indicated provides for a 39 dBu signal strength at the edge of the service area per FCC Report R-6602, Fig. 29 (See § 73.699 , Fig. 10 b). 2 Maximum ERP of 500 watts allowed. Signal strength at the service area contour may be less than 39 dBu. 3 When the actual antenna HAAT is greater than the reference HAAT, the allowable ERP will be reduced in accordance with the following equation: ERP allow = ERP max × (HAAT ref / HAAT actual ) 2 . 4 Applications for this service area radius may be granted upon specific request with justification and must include a technical demonstration that the signal strength at the edge of the service area does not exceed 39 dBu. ( i ) 470-512 MHz. Power and height limitations are specified in §§ 90.307 and 90.309 . ( j ) 758-775 MHz and 788-805 MHz. Power and height limitations are specified in §§ 90.541 and 90.542 . ( k ) 806-824 MHz, 851-869 MHz, 896-901 MHz and 935-940 MHz. Power and height limitations for frequencies in the 806-824 MHz and 851-869 MHz bands and for narrowband operations in the 896-901/935-940 MHz band are specified in § 90.635 . ( l ) 902-928 MHz. LMS systems operating pursuant to subpart M of this part in the 902-927.25 MHz band will be authorized a maximum of 30 watts ERP. LMS equipment operating in the 927.25-928 MHz band will be authorized a maximum of 300 watts ERP. ERP must be measured as peak envelope power. Antenna heights will be as specified in § 90.353(h) . ( m ) 929-930 MHz. Limitations on power and antenna heights are specified in § 90.494 . ( n ) 1427-1429.5 MHz and 1429.5-1432 MHz. Limitations on power are specified in § 90.259 . ( o ) 2450-2483.5 MHz. The maximum transmitter power is 5 watts. ( p ) 4940-4990 MHz. Limitations on power are specified in § 90.1215 . ( q ) 5895-5925 MHz. Power and height limitations are specified in subpart M of this part . ( r ) All other frequency bands. Requested transmitter power will be considered and authorized on a case by case basis. ( s ) The output power shall not exceed by more than 20 percent either the output power shown in the Radio Equipment List [available in accordance with § 90.203(a)(1) ] for transmitters included in this list or when not so listed, the manufacturer's rated output power for the particular transmitter specifically listed on the authorization. [ 60 FR 37262 , July 19, 1995, as amended at 62 FR 2039 , Jan. 15, 1997; 63 FR 58651 , Nov. 2, 1998; 64 FR 66409 , Nov. 26, 1999; 67 FR 41860 , June 20, 2002; 68 FR 38639 , June 30, 2003; 69 FR 46443 , Aug. 3, 2004; 72 FR 48860 , Aug. 24, 2007; 79 FR 600 , Jan. 6, 2014; 85 FR 43138 , July 15, 2020; 86 FR 23297 , May 3, 2021] § 90.207 Types of emissions. Unless specified elsewhere in this part, stations will be authorized emissions as provided for in paragraphs (b) through (n) of this section. ( a ) Most common emission symbols. For a complete listing of emission symbols allowable under this part, see § 2.201 of this chapter . ( 1 ) The first symbol indicates the type of modulation on the transmitter carrier. A—Amplitude modulation, double sideband with identical information on each sideband. F—Frequency modulation. G—Phase modulation. J—Single sideband with suppressed carrier. P—Unmodulated pulse. W—Cases not covered above, in which an emission consists of the main carrier modulated, either simultaneously or in a pre-established sequence, in a combination of two or more of the following modes: amplitude, angle, pulse. ( 2 ) The second symbol indicates the type of signal modulating the transmitter carrier. 0—No modulation. 1—Digital modulation, no subcarrier. 2—Digital modulation, modulated subcarrier. 3—Analog modulation. ( 3 ) The third symbol indicates the type of transmitted information. A—Telegraphy for aural reception. B—Telegraphy for machine reception. C—Facsimile. D—Data, telemetry, and telecommand. E—Voice. N—No transmitted information. W—Combination of the above. ( b ) Authorizations to use A3E, F3E, or G3E emission also include the use of emissions for tone signals or signaling devices whose sole functions are to establish and to maintain communications, to provide automatic station identification, and for operations in the Public Safety Pool, to activate emergency warning devices used solely for the purpose of advising the general public or emergency personnel of an impending emergency situation. ( c ) The use of F3E or G3E emission in these services will be authorized only on frequencies above 25 MHz. ( d ) Except for Traveler's Information stations in the Public Safety Pool authorized in accordance with § 90.242 , only J3E emission will be authorized for telephony systems on frequencies below 25 MHz. ( e ) For non-voice paging operations, only A1A, A1D, A2B, A2D, F1B, F1D, F2B, F2D, G1B, G1D, G2B, or G2D emissions will be authorized. ( f ) For radioteleprinter operations that may be authorized in accordance with § 90.237 , only F1B, F2B, G1B or G2B emissions will be authorize above 25 MHz, and A1B or A2B emissions below 25 MHz. ( g ) For radiofacsimile operations that may be authorized in accordance with § 90.237 , only F3C or G3C emissions will be authorized above 25 MHz, and A3C emissions below 25 MHz. ( h ) [Reserved] ( i ) For telemetry operations, when specifically authorized under this part, only A1D, A2D, F1D, or F2D emissions will be authorized. ( j ) For call box operations that may be authorized in accordance with § 90.241 , only A1A, A1D, A2B, A2D, F1B, F1D, F2B, F2D, G1B, G1D, G2B, G2D, F3E or G3E emissions will be authorized. ( k ) For radiolocation operations as may be authorized in accordance with subpart F, unless otherwise provided for any type of emission may be authorized upon a satisfactory showing of need. ( l ) For stations in the Public Safety and Industrial/Business Pools utilizing digital voice modulation, in either the scrambled or unscrambled mode, F1E or G1E emission will be authorized. Authorization to use digital voice emissions is construed to include the use of F1D, F2D, G1D, or G2D emission subject to the provisions of § 90.233 . ( m ) For narrowband operations in a 3.6 kHz maximum authorized bandwith, any modulation type may be used which complies with the emission limitations of § 90.209 . ( n ) Other emissions. Requests for emissions other than those listed in paragraphs (c) through (e) of this section will be considered on a case-by-case basis to ensure that the requested emission will not cause more interference than other currently permitted emissions. [ 49 FR 48711 , Dec. 14, 1984, as amended at 50 FR 13606 , Apr. 5, 1985; 50 FR 25240 , June 18, 1985; 52 FR 29856 , Aug. 12, 1987; 54 FR 38681 , Sept. 20, 1989; 60 FR 15252 , Mar. 23, 1995; 60 FR 37263 , July 19, 1995; 62 FR 2039 , Jan. 15, 1997; 62 FR 18927 , Apr. 17, 1997; 64 FR 36270 , July 6, 1999; 72 FR 35194 , June 27, 2007] § 90.209 Bandwidth limitations. ( a ) Each authorization issued to a station licensed under this part will show an emission designator representing the class of emission authorized. The designator will be prefixed by a specified necessary bandwidth. This number does not necessarily indicate the bandwidth occupied by the emission at any instant. In those cases where § 2.202 of this chapter does not provide a formula for the computation of necessary bandwidth, the occupied bandwidth, as defined in part 2 of this chapter , may be used in lieu of the necessary bandwidth. ( b ) The maximum authorized single channel bandwidth of emission corresponding to the type of emission specified in § 90.207 is as follows: ( 1 ) For A1A or A1B emissions, the maximum authorized bandwidth is 0.25 kHz. The maximum authorized bandwidth for type A3E emission is 8 kHz. ( 2 ) For operations below 25 MHz utilizing J3E emission, the bandwidth occupied by the emission shall not exceed 3000 Hz. The assigned frequency will be specified in the authorization. The authorized carrier frequency will be 1400 Hz lower in frequency than the assigned frequency. Only upper sideband emission may be used. In the case of regularly available double sideband radiotelephone channels, an assigned frequency for J3E emissions is available either 1600 Hz below or 1400 Hz above the double sideband radiotelephone assigned frequency. ( 3 ) For all other types of emissions, the maximum authorized bandwidth shall not be more than that normally authorized for voice operations. ( 4 ) Where a frequency is assigned exclusively to a single licensee, more than a single emission may be used within the authorized bandwidth. In such cases, the frequency stability requirements of § 90.213 must be met for each emission. ( 5 ) Unless specified elsewhere, channel spacings and bandwidths that will be authorized in the following frequency bands are given in the following table. Table 1 to § 90.209 ( b )(5)—Standard Channel Spacing/Bandwidth Frequency band (MHz) Channel spacing (kHz) Authorized bandwidth (kHz) Below 25 2 25-50 20 20 72-76 20 20 150-174 1 7.5 1 3 20/11.25/6 216-220 5 6.25 20/11.25/6 220-222 5 4 406-512 2 1 6.25 1 3 6 20/11.25/6 806-809/851-854 12.5 20 809-817/854-862 12.5 6 20/11.25 817-824/862-869 25 6 20 896-901/935-940 12.5 13.6 902-928 4 929-930 25 20 1427-1432 5 12.5 12.5 3 2450-2483.5 2 Above 2500 2 1 For stations authorized on or after August 18, 1995. 2 Bandwidths for radiolocation stations in the 420-450 MHz band and for stations operating in bands subject to this footnote will be reviewed and authorized on a case-by-case basis. 3 Operations using equipment designed to operate with a 25 kHz channel bandwidth will be authorized a 20 kHz bandwidth. Operations using equipment designed to operate with a 12.5 kHz channel bandwidth will be authorized a 11.25 kHz bandwidth. Operations using equipment designed to operate with a 6.25 kHz channel bandwidth will be authorized a 6 kHz bandwidth. All stations must operate on channels with a bandwidth of 12.5 kHz or less beginning January 1, 2013, unless the operations meet the efficiency standard of § 90.203(j)(3) . 4 The maximum authorized bandwidth shall be 12 MHz for non-multilateration LMS operations in the band 909.75-921.75 MHz and 2 MHz in the band 902.00-904.00 MHz. The maximum authorized bandwidth for multilateration LMS operations shall be 5.75 MHz in the 904.00-909.75 MHz band; 2 MHz in the 919.75-921.75 MHz band; 5.75 MHz in the 921.75-927.25 MHz band and its associated 927.25-927.50 MHz narrowband forward link; and 8.00 MHz if the 919.75-921.75 MHz and 921.75-927.25 MHz bands and their associated 927.25-927.50 MHz and 927.50-927.75 MHz narrowband forward links are aggregated. 5 See § 90.259 . 6 Operations using equipment designed to operate with a 25 kilohertz channel bandwidth may be authorized up to a 20 kilohertz bandwidth unless the equipment meets the Adjacent Channel Power limits of § 90.221 in which case operations may be authorized up to a 22 kilohertz bandwidth. Operations using equipment designed to operate with a 12.5 kilohertz channel bandwidth may be authorized up to an 11.25 kilohertz bandwidth. ( 6 ) ( i ) Beginning January 1, 2011, no new applications for the 150-174 MHz and/or 421-512 MHz bands will be acceptable for filing if the applicant utilizes channels with an authorized bandwidth exceeding 11.25 kHz, unless specified elsewhere or the operations meet the efficiency standards of § 90.203(j)(3) . ( ii ) Beginning January 1, 2011, no modification applications for stations in the 150-174 MHz and/or 421-512 MHz bands that increase the station's authorized interference contour, will be acceptable for filing if the applicant utilizes channels with an authorized bandwidth exceeding 11.25 kHz, unless specified elsewhere or the operations meet the efficiency standards of § 90.203(j)(3) . See § 90.187(b)(2)(iii) and (iv) for interference contour designations and calculations. Applications submitted pursuant to this paragraph must comply with frequency coordination requirements of § 90.175 . ( 7 ) Economic Area (EA)-based licensees in frequencies 817-824/862-869 MHz (813.5-824/858.5-869 MHz in the counties listed in § 90.614(c) ) may exceed the standard channel spacing and authorized bandwidth listed in paragraph (b)(5) of this section in any National Public Safety Planning Advisory Committee Region when all 800 MHz public safety licensees in the Region have completed band reconfiguration consistent with this part. In any National Public Safety Planning Advisory Committee Region where the 800 MHz band reconfiguration is incomplete, EA-based licensees in frequencies 817-821/862-866 MHz (813.5-821/858.5-866 MHz in the counties listed in § 90.614(c) ) may exceed the standard channel spacing and authorized bandwidth listed in paragraph (b)(5) of this section. Upon all 800 MHz public safety licensees in a National Public Safety Planning Advisory Committee Region completing band reconfiguration, EA-based 800 MHz SMR licensees in the 821-824/866-869 MHz band may exceed the channel spacing and authorized bandwidth in paragraph (b)(5) of this section. Licensees authorized to exceed the standard channel spacing and authorized bandwidth under this paragraph must provide at least 30 days written notice prior to initiating such service in the bands listed herein to every 800 MHz public safety licensee with a base station in an affected National Public Safety Planning Advisory Committee Region, and every 800 MHz public safety licensee with a base station within 113 kilometers (70 miles) of an affected National Public Safety Planning Advisory Committee Region. Such notice shall include the estimated date upon which the EA-based 800 MHz SMR licensee intends to begin operations that exceed the channel spacing and authorized bandwidth in paragraph (b)(5) of this section. ( 8 ) Applicants may begin to license 12.5 kilohertz bandwidth channels in the 809-817/854-862 MHz band segment only after the Wireless Telecommunications Bureau and the Public Safety and Homeland Security Bureau jointly release a public notice announcing the availability of those channels for licensing in a National Public Safety Planning Advisory Committee region. [ 60 FR 37263 , July 19, 1995, as amended at 67 FR 41860 , June 20, 2002; 68 FR 42314 , July 17, 2003; 68 FR 54769 , Sept. 18, 2003; 69 FR 39867 , July 1, 2004; 69 FR 67837 , Nov. 22, 2004; 70 FR 21661 , Apr. 27, 2005; 70 FR 34693 , June 15, 2005; 72 FR 35194 , June 27, 2007; 73 FR 34201 , June 17, 2008; 77 FR 33979 , June 8, 2012; 77 FR 61537 , Oct. 10, 2012; 81 FR 66832 , Sept. 29, 2016; 83 FR 61096 , Nov. 27, 2018; 85 FR 43138 , July 15, 2020] Editorial Note Editorial Note: At 85 FR 43138 , July 15, 2020, § 90.209 was amended in the table to paragraph (b)(5) by adding an entry in numerical order for “896-901/935-940”, however due to an inaccurate amendatory instruction, this amendment could not be incorporated. § 90.210 Emission masks. Except as indicated elsewhere in this part, transmitters used in the radio services governed by this part must comply with the emission masks outlined in this section. Unless otherwise stated, per paragraphs (d)(4) , (e)(4) , and (o) of this section, measurements of emission power can be expressed in either peak or average values provided that emission powers are expressed with the same parameters used to specify the unmodulated transmitter carrier power. For transmitters that do not produce a full power unmodulated carrier, reference to the unmodulated transmitter carrier power refers to the total power contained in the channel bandwidth. Unless indicated elsewhere in this part, the table in this section specifies the emission masks for equipment operating under this part. ( a ) Emission Mask A. For transmitters utilizing J3E emission, the carrier must be at least 40 dB below the peak envelope power and the power of emissions must be reduced below the output power (P in watts) of the transmitter as follows: ( 1 ) On any frequency removed from the assigned frequency by more than 50 percent, but not more than 150 percent of the authorized bandwidth: At least 25 dB. ( 2 ) On any frequency removed from the assigned frequency by more than 150 percent, but not more than 250 percent of the authorized bandwidth: At least 35 dB. ( 3 ) On any frequency removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 + 10 log P dB. ( b ) Emission Mask B. For transmitters that are equipped with an audio low-pass filter, the power of any emission must be attenuated below the unmodulated carrier power (P) as follows: ( 1 ) On any frequency removed from the assigned frequency by more than 50 percent, but not more than 100 percent of the authorized bandwidth: At least 25 dB. ( 2 ) On any frequency removed from the assigned frequency by more than 100 percent, but not more than 250 percent of the authorized bandwidth: At least 35 dB. ( 3 ) On any frequency removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 + 10 log (P) dB. ( c ) Emission Mask C. For transmitters that are not equipped with an audio low-pass filter, the power of any emission must be attenuated below the unmodulated carrier output power (P) as follows: ( 1 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 5 kHz, but not more than 10 kHz: At least 83 log (f d /5) dB; ( 2 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 10 kHz, but not more than 250 percent of the authorized bandwidth: At least 29 log (f d 2 /11) dB or 50 dB, whichever is the lesser attenuation; ( 3 ) On any frequency removed from the center of the authorized bandwidth by more than 250 percent of the authorized bandwidth: At least 43 + 10 log (P) dB. ( 4 ) In the 1427-1432 MHz band, licensees are encouraged to take all reasonable steps to ensure that unwanted emissions power does not exceed the following levels in the 1400-1427 MHz band: ( i ) For stations of point-to-point systems in the fixed service: −45 dBW/27 MHz. ( ii ) For stations in the mobile service: −60 dBW/27 MHz. ( d ) Emission Mask D—12.5 kHz channel bandwidth equipment. For transmitters designed to operate with a 12.5 kHz channel bandwidth, any emission must be attenuated below the power (P) of the highest emission contained within the authorized bandwidth as follows: ( 1 ) On any frequency from the center of the authorized bandwidth f 0 to 5.625 kHz removed from f 0 : Zero dB. ( 2 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 5.625 kHz but no more than 12.5 kHz: At least 7.27(f d −2.88 kHz) dB. ( 3 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 12.5 kHz: At least 50 + 10 log (P) dB or 70 dB, whichever is the lesser attenuation. ( 4 ) The reference level for showing compliance with the emission mask shall be established using a resolution bandwidth sufficiently wide (usually two or three times the channel bandwidth) to capture the true peak emission of the equipment under test. In order to show compliance with the emission mask up to and including 50 kHz removed from the edge of the authorized bandwidth, adjust the resolution bandwidth to 100 Hz with the measuring instrument in a peak hold mode. A sufficient number of sweeps must be measured to insure that the emission profile is developed. If video filtering is used, its bandwidth must not be less than the instrument resolution bandwidth. For emissions beyond 50 kHz from the edge of the authorized bandwidth, see paragraph (o) of this section. If it can be shown that use of the above instrumentation settings do not accurately represent the true interference potential of the equipment under test, an alternate procedure may be used provided prior Commission approval is obtained. ( e ) Emission Mask E—6.25 kHz or less channel bandwidth equipment. For transmitters designed to operate with a 6.25 kHz or less bandwidth, any emission must be attenuated below the power (P) of the highest emission contained within the authorized bandwidth as follows: ( 1 ) On any frequency from the center of the authorized bandwidth f 0 to 3.0 kHz removed from f 0 : Zero dB. ( 2 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 3.0 kHz but no more than 4.6 kHz: At least 30 + 16.67(f d −3 kHz) or 55 + 10 log (P) or 65 dB, whichever is the lesser attenuation. ( 3 ) On any frequency removed from the center of the authorized bandwidth by more than 4.6 kHz: At least 55 + 10 log (P) or 65 dB, whichever is the lesser attenuation. ( 4 ) The reference level for showing compliance with the emission mask shall be established using a resolution bandwidth sufficiently wide (usually two or three times the channel bandwidth) to capture the true peak emission of the equipment under test. In order to show compliance with the emission mask up to and including 50 kHz removed from the edge of the authorized bandwidth, adjust the resolution bandwidth to 100 Hz with the measuring instrument in a peak hold mode. A sufficient number of sweeps must be measured to insure that the emission profile is developed. If video filtering is used, its bandwidth must not be less than the instrument resolution bandwidth. For emissions beyond 50 kHz from the edge of the authorized bandwidth, see paragraph (o) of this section. If it can be shown that use of the above instrumentation settings do not accurately represent the true interference potential of the equipment under test, an alternate procedure may be used provided prior Commission approval is obtained. ( f ) Emission Mask F. For transmitters operating in the 220-222 MHz frequency band, any emission must be attenuated below the power (P) of the highest emission contained within the authorized bandwidth as follows: ( 1 ) On any frequency from the center of the authorized bandwidth f o to the edge of the authorized bandwidth f e : Zero dB. ( 2 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 2 kHz up to and including 3.75 kHz: 30 + 20(f d − 2) dB or 55 + 10 log (P), or 65 dB, whichever is the lesser attenuation. ( 3 ) On any frequency beyond 3.75 kHz removed from the center of the authorized bandwidth f d: At least 55 + 10 log (P) dB. ( g ) Emission Mask G. For transmitters that are not equipped with an audio low-pass filter, the power of any emission must be attenuated below the unmodulated carrier power (P) as follows: ( 1 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 10 kHz, but no more than 250 percent of the authorized bandwidth: At least 116 log (f d /6.1) dB, or 50 + 10 log (P) dB, or 70 dB, whichever is the lesser attenuation; ( 2 ) On any frequency removed from the center of the authorized bandwidth by more than 250 percent of the authorized bandwidth: At least 43 + 10 log (P) dB. ( h ) Emission Mask H. For transmitters that are not equipped with an audio low-pass filter, the power of any emission must be attenuated below the unmodulated carrier power (P) as follows: ( 1 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz) of 4 kHz or less: Zero dB. ( 2 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 4 kHz, but no more than 8.5 kHz: At least 107 log (f d /4) dB; ( 3 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 8.5 kHz, but no more than 15 kHz: At least 40.5 log (f d /1.16) dB; ( 4 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 15 kHz, but no more than 25 kHz: At least 116 log (f d /6.1) dB; ( 5 ) On any frequency removed from the center of the authorized bandwidth by more than 25 kHz: At least 43 + 10 log (P) dB. ( i ) Emission Mask I. For transmitters that are equipped with an audio low pass filter, the power of any emission must be attenuated below the unmodulated carrier power of the transmitter (P) as follows: ( 1 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency of more than 6.8 kHz, but no more than 9.0 kHz: At least 25 dB; ( 2 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency of more than 9.0 kHz, but no more than 15 kHz: At least 35 dB; ( 3 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency of more than 15 kHz: At least 43 + 10 log (P) dB, or 70 dB, whichever is the lesser attenuation. ( j ) Emission Mask J. For transmitters that are not equipped with an audio low-pass filter, the power of any emission must be attenuated below the unmodulated carrier power of the transmitter (P) as follows: ( 1 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 2.5 kHz, but no more than 6.25 kHz: At least 53 log (f d /2.5) dB; ( 2 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 6.25 kHz, but no more than 9.5 kHz: At least 103 log (f d /3.9) dB; ( 3 ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 9.5 kHz: At least 157 log (f d /5.3) dB, or 50 + 10 log (P) dB or 70 dB, whichever is the lesser attenuation. ( k ) Emission Mask K — ( 1 ) Wideband multilateration transmitters. For transmitters authorized under subpart M to provide forward or reverse links in a multilateration system in the subbands 904-909.75 MHz, 921.75-927.25 MHz and 919.75-921.75 MHz, and which transmit an emission occupying more than 50 kHz bandwidth: in any 100 kHz band, the center frequency of which is removed from the center of authorized sub-band(s) by more than 50 percent of the authorized bandwidth, the power of emissions shall be attenuated below the transmitter output power, as specified by the following equation, but in no case less than 31 dB: A = 16 + 0.4 (D−50) + 10 log B (attenuation greater than 66 dB is not required) Where: A = attenuation (in decibels) below the maximum permitted output power level D = displacement of the center frequency of the measurement bandwidth from the center frequency of the authorized sub-band, expressed as a percentage of the authorized bandwidth B B = authorized bandwidth in megahertz. ( 2 ) Narrowband forward link transmitters. For LMS multilateration narrowband forward link transmitters operating in the 927.25-928 MHz frequency band the power of any emission shall be attenuated below the transmitter output power (P) in accordance with following schedule: On any frequency outside the authorized sub-band and removed from the edge of the authorized sub-band by a displacement frequency (f d in kHz): at least 116 log ((f d + 10)/6.1) dB or 50 + 10 log (P) dB or 70 dB, whichever is the lesser attenuation. ( 3 ) Other transmitters. For all other transmitters authorized under subpart M that operate in the 902-928 MHz band, the peak power of any emission shall be attenuated below the power of the highest emission contained within the licensee's sub-band in accordance with the following schedule: ( i ) On any frequency within the authorized bandwidth: Zero dB. ( ii ) On any frequency outside the licensee's sub-band edges: 55 + 10 log(P) dB, where (P) is the highest emission (watts) of the transmitter inside the licensee's sub-band. ( 4 ) In the 902-928 MHz band, the resolution bandwidth of the instrumentation used to measure the emission power shall be 100 kHz, except that, in regard to paragraph (2) of this section, a minimum spectrum analyzer resolution bandwidth of 300 Hz shall be used for measurement center frequencies with 1 MHz of the edge of the authorized subband. The video filter bandwidth shall not be less than the resolution bandwidth. ( 5 ) Emission power shall be measured in peak values. ( 6 ) The LMS sub-band edges for non-multilateration systems for which emissions must be attenuated are 902.00, 904.00, 909.5 and 921.75 MHz. ( l ) Emission Mask L. For low power transmitters (20 dBm or less) operating in the 4940-4990 MHz frequency band, the power spectral density of the emissions must be attenuated below the output power of the transmitter as follows: ( 1 ) On any frequency removed from the assigned frequency between 0-45% of the authorized bandwidth (BW): 0 dB. ( 2 ) On any frequency removed from the assigned frequency between 45-50% of the authorized bandwidth: 219 log (% of (BW)/45) dB. ( 3 ) On any frequency removed from the assigned frequency between 50-55% of the authorized bandwidth: 10 + 242 log (% of (BW)/50) dB. ( 4 ) On any frequency removed from the assigned frequency between 55-100% of the authorized bandwidth: 20 + 31 log (% of (BW)/55) dB attenuation. ( 5 ) On any frequency removed from the assigned frequency between 100-150% of the authorized bandwidth: 28 + 68 log (% of (BW)/100) dB attenuation. ( 6 ) On any frequency removed from the assigned frequency above 150% of the authorized bandwidth: 40 dB. ( 7 ) The zero dB reference is measured relative to the highest average power of the fundamental emission measured across the designated channel bandwidth using a resolution bandwidth of at least one percent of the occupied bandwidth of the fundamental emission and a video bandwidth of 30 kHz. The power spectral density is the power measured within the resolution bandwidth of the measurement device divided by the resolution bandwidth of the measurement device. Emission levels are also based on the use of measurement instrumentation employing a resolution bandwidth of at least one percent of the occupied bandwidth. ( m ) Emission Mask M. For high power transmitters (greater that 20 dBm) operating in the 4940-4990 MHz frequency band, the power spectral density of the emissions must be attenuated below the output power of the transmitter as follows: ( 1 ) On any frequency removed from the assigned frequency between 0-45% of the authorized bandwidth (BW): 0 dB. ( 2 ) On any frequency removed from the assigned frequency between 45-50% of the authorized bandwidth: 568 log (% of (BW)/45) dB. ( 3 ) On any frequency removed from the assigned frequency between 50-55% of the authorized bandwidth: 26 + 145 log (% of BW/50) dB. ( 4 ) On any frequency removed from the assigned frequency between 55-100% of the authorized bandwidth: 32 + 31 log (% of (BW)/55) dB. ( 5 ) On any frequency removed from the assigned frequency between 100-150% of the authorized bandwidth: 40 + 57 log (% of (BW)/100) dB. ( 6 ) On any frequency removed from the assigned frequency between above 150% of the authorized bandwidth: 50 dB or 55 + 10 log (P) dB, whichever is the lesser attenuation. ( 7 ) The zero dB reference is measured relative to the highest average power of the fundamental emission measured across the designated channel bandwidth using a resolution bandwidth of at least one percent of the occupied bandwidth of the fundamental emission and a video bandwidth of 30 kHz. The power spectral density is the power measured within the resolution bandwidth of the measurement device divided by the resolution bandwidth of the measurement device. Emission levels are also based on the use of measurement instrumentation employing a resolution bandwidth of at least one percent of the occupied bandwidth. Note to paragraph ( m ): Low power devices may as an option, comply with paragraph (m). ( n ) Other frequency bands. Transmitters designed for operation under this part on frequencies other than listed in this section must meet the emission mask requirements of Emission Mask B. Equipment operating under this part on frequencies allocated to but shared with the Federal Government, must meet the applicable Federal Government technical standards. ( o ) Instrumentation. The reference level for showing compliance with the emission mask shall be established, except as indicated in §§ 90.210 (d) , (e) , and (k) , using standard engineering practices for the modulation characteristic used by the equipment under test. When measuring emissions in the 150-174 MHz and 421-512 MHz bands the following procedures will apply. A sufficient number of sweeps must be measured to insure that the emission profile is developed. If video filtering is used, its bandwidth must not be less than the instrument resolution bandwidth. For frequencies more than 50 kHz removed from the edge of the authorized bandwidth a resolution of at least 100 kHz must be used for frequencies below 1000 MHz. Above 1000 MHz the resolution bandwidth of the instrumentation must be at least 1 MHz. If it can be shown that use of the above instrumentation settings do not accurately represent the true interference potential of the equipment under test, then an alternate procedure may be used provided prior Commission approval is obtained. Table 1 to § 90.210 —Applicable Emission Masks Frequency band (MHz) Mask for equipment with audio low pass filter Mask for equipment without audio low pass filter Below 25 1 A or B A or C 25-50 B C 72-76 B C 150-174 2 B, D, or E C, D or E 150 paging only B C 220-222 F F 421-512 2 5 B, D, or E C, D, or E 450 paging only B G 806-809/851-854 6 B H 809-824/854-869 3 5 B, D D, G. 896-901/935-940 I J 902-928 K K 929-930 B G 4940-4990 MHz L or M L or M 5895-5925 4 All other bands B C 1 Equipment using single sideband J3E emission must meet the requirements of Emission Mask A. Equipment using other emissions must meet the requirements of Emission Mask B or C, as applicable. 2 Equipment designed to operate with a 25 kHz channel bandwidth must meet the requirements of Emission Mask B or C, as applicable. Equipment designed to operate with a 12.5 kHz channel bandwidth must meet the requirements of Emission Mask D, and equipment designed to operate with a 6.25 kHz channel bandwidth must meet the requirements of Emission Mask E. 3 Equipment used in this licensed to EA or non-EA systems shall comply with the emission mask provisions of § 90.691 of this chapter . 4 DSRCS Roadside Units in the 5895-5925 MHz band are governed under subpart M of this part . 5 Equipment designed to operate on 25 kilohertz bandwidth channels must meet the requirements of either Emission Mask B or G, whichever is applicable, while equipment designed to operate on 12.5 kilohertz bandwidth channels must meet the requirements of Emission Mask D. Equipment designed to operate on 25 kilohertz bandwidth channels may alternatively meet the Adjacent Channel Power limits of § 90.221 . 6 Transmitters utilizing analog emissions that are equipped with an audio low-pass filter must meet Emission Mask B. All transmitters utilizing digital emissions and those transmitters using analog emissions without an audio low-pass filter must meet Emission Mask H. [ 60 FR 37264 , July 19, 1995] Editorial Note Editorial Notes: 1. For Federal Register citations affecting § 90.210 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . 2. At 85 FR 43139 , July 16, 2020, § 90.210 was amended in the table by adding an entry in numerical order for “896-901/935-940”, however due to an inaccurate amendatory instruction, this amendment could not be incorporated. § 90.212 Provisions relating to the use of scrambling devices and digital voice modulation. ( a ) Analog scrambling techniques may be employed at any station authorized the use of A3E, F3E, or G3E emission, subject to the provision of paragraph (d) of this section. ( b ) The use of digital scrambling techniques or digital voice modulation requires the specific authorization of F1E or G1E emission, and these emissions will only be authorized subject to the provisions of paragraph (d) of this section. ( c ) The transmission of any non-voice information or data under the authorization of F1E or G1E emission is prohibited. However, stations authorized the use of F1E or G1E emission may also be authorized F1D, F2D, G1D or G2D emission for non-voice communication purposes, pursuant to § 90.207(l) . ( d ) Station identification shall be transmitted in the unscrambled analog mode (clear voice) or Morse code in accordance with the provisions of § 90.425 . All digital encoding and digital modulation shall be disabled during station identification. [ 43 FR 54791 , Nov. 22, 1978, as amended at 47 FR 15340 , Apr. 9, 1982; 49 FR 48711 , Dec. 14, 1984; 72 FR 35195 , June 27, 2007] § 90.213 Frequency stability. ( a ) Unless noted elsewhere, transmitters used in the services governed by this part must have a minimum frequency stability as specified in the following table. Table 1 to § 90.213 ( a )—Minimum Frequency Stability [Parts per million (ppm)] Frequency range (MHz) Fixed and base stations Mobile stations Over 2 watts output power 2 watts or less output power Below 25 1 2 3 100 100 200 25-50 20 20 50 72-76 5 50 150-174 5 11 5 6 5 4 6 50 216-220 1.0 1.0 220-222 12 0.1 1.5 1.5 421-512 7 11 14 2.5 8 5 8 5 806-809 14 1.0 1.5 1.5 809-824 14 1.5 2.5 2.5 851-854 1.0 1.5 1.5 854-869 1.5 2.5 2.5 896-901 14 0.1 1.5 1.5 902-928 2.5 2.5 2.5 902-928 13 2.5 2.5 2.5 929-930 1.5 935-940 0.1 1.5 1.5 1427-1435 9 300 300 300 Above 2450 10 1 Fixed and base stations with over 200 watts transmitter power must have a frequency stability of 50 ppm except for equipment used in the Public Safety Pool where the frequency stability is 100 ppm. 2 For single sideband operations below 25 MHz, the carrier frequency must be maintained within 50 Hz of the authorized carrier frequency. 3 Travelers information station transmitters operating from 530-1700 kHz and transmitters exceeding 200 watts peak envelope power used for disaster communications and long distance circuit operations pursuant to §§ 90.242 and 90.264 must maintain the carrier frequency to within 20 Hz of the authorized frequency. 4 Stations operating in the 154.45 to 154.49 MHz or the 173.2 to 173.4 MHz bands must have a frequency stability of 5 ppm. 5 In the 150-174 MHz band, fixed and base stations with a 12.5 kHz channel bandwidth must have a frequency stability of 2.5 ppm. Fixed and base stations with a 6.25 kHz channel bandwidth must have a frequency stability of 1.0 ppm. 6 In the 150-174 MHz band, mobile stations designed to operate with a 12.5 kHz channel bandwidth or designed to operate on a frequency specifically designated for itinerant use or designed for low-power operation of two watts or less, must have a frequency stability of 5.0 ppm. Mobile stations designed to operate with a 6.25 kHz channel bandwidth must have a frequency stability of 2.0 ppm. 7 In the 421-512 MHz band, fixed and base stations with a 12.5 kHz channel bandwidth must have a frequency stability of 1.5 ppm. Fixed and base stations with a 6.25 kHz channel bandwidth must have a frequency stability of 0.5 ppm. 8 In the 421-512 MHz band, mobile stations designed to operate with a 12.5 kHz channel bandwidth must have a frequency stability of 2.5 ppm. Mobile stations designed to operate with a 6.25 kHz channel bandwidth must have a frequency stability of 1.0 ppm. 9 Fixed stations with output powers above 120 watts and necessary bandwidth less than 3 kHz must operate with a frequency stability of 100 ppm. Fixed stations with output powers less than 120 watts and using time-division multiplex, must operate with a frequency stability of 500 ppm. 10 Frequency stability for DSRCS equipment in the 5895-5925 MHz band is specified in subpart M of this part . For all other equipment, frequency stability is to be specified in the station authorization. 11 Paging transmitters operating on paging-only frequencies must operate with frequency stability of 5 ppm in the 150-174 MHz band and 2.5 ppm in the 421-512 MHz band. 12 Mobile units may utilize synchronizing signals from associated base stations to achieve the specified carrier stability. 13 Fixed non-multilateration transmitters with an authorized bandwidth that is more than 40 kHz from the band edge, intermittently operated hand-held readers, and mobile transponders are not subject to frequency tolerance restrictions. 14 Control stations may operate with the frequency tolerance specified for associated mobile frequencies. ( b ) For the purpose of determining the frequency stability limits, the power of a transmitter is considered to be the maximum rated output power as specified by the manufacturer. [ 60 FR 37266 , July 19, 1995, as amended at 61 FR 4235 , Feb. 5, 1996; 61 FR 18986 , Apr. 30, 1996; 61 FR 38403 , July 24, 1996; 62 FR 2040 , Jan. 15, 1997; 62 FR 18927 , Apr. 17, 1997; 67 FR 41860 , June 20, 2002; 69 FR 46443 , Aug. 3, 2004; 69 FR 67838 , Nov. 22, 2004; 85 FR 43139 , July 15, 2020; 86 FR 23297 , May 3, 2021] Editorial Note Editorial Note: At 85 FR 43139 , July 16, 2020, § 90.213 was amended in the table by adding entries in numerical order for “896-901” and “935-940”, however due to an inaccurate amendatory instruction, this amendment could not be incorporated. § 90.214 Transient frequency behavior. Transmitters designed to operate in the 150-174 MHz and 421-512 MHz frequency bands must maintain transient frequencies within the maximum frequency difference limits during the time intervals indicated: Time intervals 1 2 Maximum frequency difference 3 All equipment 150 to 174 MHz 421 to 512 MHz Transient Frequency Behavior for Equipment Designed to Operate on 25 kHz Channels t 1 4 ±25.0 kHz 5.0 ms 10.0 ms t 2 ±12.5 kHz 20.0 ms 25.0 ms t 3 4 ±25.0 kHz 5.0 ms 10.0 ms Transient Frequency Behavior for Equipment Designed to Operate on 12.5 kHz Channels t 1 4 ±12.5 kHz 5.0 ms 10.0 ms t 2 ±6.25 kHz 20.0 ms 25.0 ms t 3 4 ±12.5 kHz 5.0 ms 10.0 ms Transient Frequency Behavior for Equipment Designed to Operate on 6.25 kHz Channels t 1 4 ±6.25 kHz 5.0 ms 10.0 ms t 2 ±3.125 kHz 20.0 ms 25.0 ms t 3 4 ±6.25 kHz 5.0 ms 10.0 ms 1 on is the instant when a 1 kHz test signal is completely suppressed, including any capture time due to phasing. t 1 is the time period immediately following t on . t 2 is the time period immediately following t 1 . t 3 is the time period from the instant when the transmitter is turned off until t off . t off is the instant when the 1 kHz test signal starts to rise. 2 During the time from the end of t 2 to the beginning of t 3 , the frequency difference must not exceed the limits specified in § 90.213 . 3 Difference between the actual transmitter frequency and the assigned transmitter frequency. 4 If the transmitter carrier output power rating is 6 watts or less, the frequency difference during this time period may exceed the maximum frequency difference for this time period. [ 62 FR 2040 , Jan. 15, 1997] § 90.215 Transmitter measurements. ( a ) The licensee of each station shall employ a suitable procedure to determine that the carrier frequency of each transmitter authorized to operate with an output power in excess of two watts is maintained within the tolerence prescribed in § 90.213 . This determination shall be made, and the results entered in the station records in accordance with the following: ( 1 ) When the transmitter is initially installed; ( 2 ) When any change is made in the transmitter which may affect the carrier frequency or its stability. ( b ) The licensee of each station shall employ a suitable procedure to determine that each transmitter authorized to operate with an output power in excess of two watts does not exceed the maximum figure specified on the current station authorization. On authorizations stating only the input power to the final radiofrequency stage, the maximum permissible output power is 75 percent for frequencies below 25 MHz and 60 percent of the input power for frequencies above 25 MHz. If a non-DC final radiofrequency stage is utilized, then the output power shall not exceed 75 percent of the input power. This determination shall be made, and the results thereof entered into the station records, in accordance with the following: ( 1 ) When the transmitter is initially installed; ( 2 ) When any change is made in the transmitter which may increase the transmitter power input. ( c ) The licensee of each station shall employ a suitable procedure to determine that the modulation of each transmitter, which is authorized to operate with an output power in excess of two watts, does not exceed the limits specified in this part. This determination shall be made and the following results entered in the station records, in accordance with the following: ( 1 ) When the transmitter is initially installed; ( 2 ) When any change is made in the transmitter which may affect the modulation characteristics. ( d ) The determinations required by paragraphs (a) , (b) , and (c) of this section may, at the opinion of the licensee, be made by a qualified engineering measurement service, in which case the required record entries shall show the name and address of the engineering measurement service as well as the name of the person making the measurements. ( e ) In the case of mobile transmitters, the determinations required by paragraphs (a) and (c) of this section may be made at a test or service bench: Provided, That the measurements are made under load conditions equivalent to actual operating conditions; and provided further, that after installation in the mobile unit the transmitter is given a routine check to determine that it is capable of being received satisfactorly by an appropriate receiver. § 90.217 Exemption from technical standards. Except as noted herein, transmitters used at stations licensed below 800 MHz on any frequency listed in subparts B and C of this part or licensed on a business category channel above 800 MHz which have an output power not exceeding 120 milliwatts are exempt from the technical requirements set out in this subpart, but must instead comply with the following: ( a ) For equipment designed to operate with a 25 kHz channel bandwidth, the sum of the bandwidth occupied by the emitted signal plus the bandwidth required for frequency stability shall be adjusted so that any emission appearing on a frequency 40 kHz or more removed from the assigned frequency is attenuated at least 30 dB below the unmodulated carrier. ( b ) For equipment designed to operate with a 12.5 kHz channel bandwidth, the sum of the bandwidth occupied by the emitted signal plus the bandwidth required for frequency stability shall be adjusted so that any emission appearing on a frequency 25 kHz or more removed from the assigned frequency is attenuated at least 30 dB below the unmodulated carrier. ( c ) For equipment designed to operate with a 6.25 kHz channel bandwidth, the sum of the bandwidth occupied by the emitted signal plus the bandwidth required for frequency stability shall be adjusted so that any emission appearing on a frequency 12.5 kHz or more removed from the assigned frequency is attenuated at least 30 dB below the unmodulated carrier. ( d ) Transmitters may be operated in the continuous carrier transmit mode. ( e ) Transmitters used for wireless microphone operations and operating on frequencies allocated for Federal use must comply with the requirements of § 90.265(b) . [ 60 FR 37267 , July 19, 1995, as amended at 62 FR 2041 , Jan. 15, 1997; 62 FR 18927 , Apr. 17, 1997; 70 FR 21661 , Apr. 27, 2005] § 90.219 Use of signal boosters. This section contains technical and operational rules allowing the use of signal boosters in the Private Land Mobile Radio Services (PLMRS). Rules for signal booster operation in the Commercial Mobile Radio Services under part 90 are found in § 20.21 of this chapter . ( a ) Definitions. The definitions in this paragraph apply only to the rules in this section. Class A signal booster. A signal booster designed to retransmit signals on one or more specific channels. A signal booster is deemed to be a Class A signal booster if none of its passbands exceed 75 kHz. Class B signal booster. A signal booster designed to retransmit any signals within a wide frequency band. A signal booster is deemed to be a Class B signal booster if it has a passband that exceeds 75 kHz. Coverage area of a PLMRS station. All locations within the normal reliable operating range (service contour) of a PLMRS station. Deploy a signal booster. Install and/or initially adjust a signal booster. Distributed Antenna System (DAS). A network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure. Operate a signal booster. Maintain operational control over, and responsibility for the proper functioning of, a signal booster. Signal booster. A device or system that automatically receives, amplifies, and retransmits signals from wireless stations into and out of building interiors, tunnels, shielded outdoor areas and other locations where these signals would otherwise be too weak for reliable communications. Signal booster systems may contain both Class A and Class B signal boosters as components. ( b ) Authority to operate. PLMRS licensees for stations operating on assigned channels higher than 150 MHz may operate signal boosters, limited to the service band for which they are authorized, as needed anywhere within the PLMRS stations' service contour, but may not extend the stations' service contour. ( 1 ) PLMRS licensees may also consent to operation of signal boosters by non-licensees (such as a building owner or a signal booster installation contractor) within their service contour and across their applicable frequencies, but must maintain a reasonable level of control over these operations in order to resolve interference problems. ( i ) Non-licensees seeking to operate signal boosters must obtain the express consent of the licensee(s) of the frequencies for which the device or system is intended to amplify. The consent must be maintained in a recordable format that can be presented to an FCC representative or other relevant licensee investigating interference. ( ii ) Consent is not required from third party (unintended) licensees whose signals are incidentally retransmitted. However, signal booster operation is on a non-interference basis and operations may be required to cease or alter the operating parameters due to a request from an FCC representative or a licensee's request to resolve interference. ( 2 ) [Reserved] ( c ) Licensee responsibility; interference. PLMRS licensees that operate signal boosters are responsible for their proper operation, and are responsible for correcting any harmful interference that signal booster operation may cause to other licensed communications services. Normal co-channel transmissions are not considered to be harmful interference. Licensees are required to resolve interference problems pursuant to § 90.173(b) . Licensees shall act in good faith regarding the operation of signal boosters and in the resolution of interference due to signal booster operation. Licensees who are unable to determine the location or cause of signal booster interference may seek assistance from the FCC to resolve such problems. ( d ) Deployment rules. Deployment of signal boosters must be carried out in accordance with the rules in this paragraph. ( 1 ) Signal boosters may be used to improve coverage in weak signal areas only. ( 2 ) Signal boosters must not be used to extend PLMRS stations' normal operating range. ( 3 ) ( i ) Except as set forth in paragraph (d)(3)(ii) of this section, signal boosters must be deployed such that the radiated power of each retransmitted channel, on the forward link and on the reverse link, does not exceed 5 Watts effective radiated power (ERP). ( ii ) Railroad licensees may operate Class A signal boosters transmitting on a single channel with up to 30 Watts ERP on frequencies 452/457.9000 to 452/457.96875 MHz in areas where communication between the front and rear of trains is unsatisfactory due to distance or intervening terrain barriers. ( 4 ) Class B signal boosters may be deployed only at fixed locations; mobile operation of Class B signal boosters is prohibited after November 1, 2014. ( 5 ) Class B signal booster installations must be registered in the FCC signal booster database that can be accessed at the following URL: www.fcc.gov/signal-boosters/registration . ( 6 ) Good engineering practice must be used in regard to the radiation of intermodulation products and noise, such that interference to licensed communications systems is avoided. In the event of harmful interference caused by any given deployment, the FCC may require additional attenuation or filtering of the emissions and/or noise from signal boosters or signal booster systems, as necessary to eliminate the interference. ( i ) In general, the ERP of intermodulation products should not exceed −30 dBm in 10 kHz measurement bandwidth. ( ii ) In general, the ERP of noise within the passband should not exceed −43 dBm in 10 kHz measurement bandwidth. ( iii ) In general, the ERP of noise on spectrum more than 1 MHz outside of the passband should not exceed −70 dBm in a 10 kHz measurement bandwidth. ( 7 ) Signal booster passbands are limited to the service band or bands for which the operator is authorized. In general, signal boosters should utilize the minimum passband that is sufficient to accomplish the purpose. Except for distributed antenna systems (DAS) installed in buildings, the passband of a Class B booster should not encompass both commercial services (such as ESMR and Cellular Radiotelephone) and part 90 Land Mobile and Public Safety Services. ( e ) Device Specifications. In addition to the general rules for equipment certification in § 90.203(a)(2) and part 2, subpart J of this chapter , a signal booster must also meet the rules in this paragraph. ( 1 ) The output power capability of a signal booster must be designed for deployments providing a radiated power not exceeding 5 Watts ERP for each retransmitted channel. ( 2 ) The noise figure of a signal booster must not exceed 9 dB in either direction. ( 3 ) Spurious emissions from a signal booster must not exceed −13 dBm within any 100 kHz measurement bandwidth. ( 4 ) A signal booster must be designed such that all signals that it retransmits meet the following requirements: ( i ) The signals are retransmitted on the same channels as received. Minor departures from the exact provider or reference frequencies of the input signals are allowed, provided that the retransmitted signals meet the requirements of § 90.213 . ( ii ) There is no change in the occupied bandwidth of the retransmitted signals. ( iii ) The retransmitted signals continue to meet the unwanted emissions limits of § 90.210 applicable to the corresponding received signals (assuming that these received signals meet the applicable unwanted emissions limits by a reasonable margin). ( 5 ) On or after March 1, 2014, a signal booster must be labeled to indicate whether it is a Class A or Class B device, and the label must include the following advisory ( 1 ) In on-line point-of-sale marketing materials, ( 2 ) In any print or on-line owner's manual and installation instructions, ( 3 ) On the outside packaging of the device, and ( 4 ) On a label affixed to the device: “WARNING. This is NOT a CONSUMER device. It is designed for installation by FCC LICENSEES and QUALIFIED INSTALLERS. You MUST have an FCC LICENSE or express consent of an FCC Licensee to operate this device. You MUST register Class B signal boosters (as defined in 47 CFR 90.219 ) online at www.fcc.gov/signal-boosters/registration . Unauthorized use may result in significant forfeiture penalties, including penalties in excess of $100,000 for each continuing violation.” [ 78 FR 21564 , Apr. 12, 2013, as amended at 83 FR 61097 , Nov. 27, 2018] § 90.221 Adjacent channel power limits. ( a ) For the frequency bands indicated below, operations using equipment designed to operate with a 25 kHz channel bandwidth may be authorized up to a 22 kHz bandwidth if the equipment meets the adjacent channel power (ACP) limits below. The table specifies a value for the ACP as a function of the displacement from the channel center frequency and a measurement bandwidth of 18 kHz. ( b ) ( 1 ) Maximum adjacent power levels for frequencies in the 450-470 MHz band: Frequency offset Maximum ACP (dBc) for devices 1 watt and less Maximum ACP (dBc) for devices above 1 watt 25 kHz −55 dBc −60 dBc 50 kHz −70 dBc −70 dBc 75 kHz −70 dBc −70 dBc ( 2 ) In any case, no requirement in excess of −36 dBm shall apply. ( c ) ( 1 ) Maximum adjacent power levels for frequencies in the 809-824/854-869 MHz band: Frequency offset Maximum ACP (dBc) for devices less than 15 watts Maximum ACP (dBc) for devices 15 watts and above 25 kHz −55 dBc −55 dBc 50 kHz −65 dBc −65 dBc 75 kHz −65 dBc −70 dBc ( 2 ) In any case, no requirement in excess of −36 dBm shall apply. ( d ) On any frequency removed from the assigned frequency by more than 75 kHz, the attenuation of any emission must be at least 43 + 10 log (P watts ) dB. [ 77 FR 61538 , Oct. 10, 2012] § 90.223 RF exposure. Licensees and manufacturers shall ensure compliance with the Commission's radio frequency exposure requirements in §§ 1.1307(b) , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. [ 85 FR 18151 , Apr. 1, 2020] Subpart J—Non-Voice and Other Specialized Operations § 90.231 Scope. This subpart sets forth requirements and standards for licensing and operation of non-voice and other specialized radio uses (other than radiolocation). Such uses include secondary signaling, telemetry, radioteleprinter, radiofacsimile, automatic vehicle monitoring (AVM), radio call box, relay, vehicular repeater, and control station operations. § 90.233 Base/mobile non-voice operations. The use of A1D, A2D, F1D, F2D, G1D, or G2D emission may be authorized to base/mobile operations in accordance with the following limitations and requirements. ( a ) Licensees employing non-voice communications are not relieved of their responsibility to cooperate in the shared use of land mobile radio channels. See also §§ 90.403 and 90.173(a) and (b) . ( b ) Authorization for non-voice emission may be granted only on frequencies subject to the coordination requirements set forth in § 90.175 . Non-voice operations on frequencies not subject to these requirements are permitted only a secondary basis to voice communications. ( c ) Provisions of this section do not apply to authorizations for paging, telemetry, radiolocation, automatic vehicle monitoring systems (AVM), radioteleprinter, radio call box operations, or authorizations granted pursuant to subpart T of this part . [ 48 FR 2794 , Feb. 3, 1983, as amended at 49 FR 48711 , Dec. 14, 1984; 56 FR 19602 , Apr. 29, 1991; 72 FR 35195 , June 27, 2007] § 90.235 Secondary fixed signaling operations. Fixed operations may, subject to the following conditions, be authorized on a secondary basis for voice, tone or impulse signaling on a licensee's mobile service frequency(ies) above 25 MHz within the area normally covered by the licensee's mobile system. Voice signaling will be permitted only in the Public Safety Pool. ( a ) The bandwidth shall not exceed that authorized to the licensee for the primary operations on the frequency concerned. ( b ) The output power shall not exceed 30 watts at the remote site. ( c ) A1D, A2D, F1D, F2D, G1D and G2D emissions may be authorized. In the Police Radio Service, A3E, F1E, F2E, F3E, G1E, G2E, or G3E emissions may also be authorized. ( d ) Except for those systems covered under paragraph (e) of this section, the maximum duration of any non-voice signaling transmission shall not exceed 2 seconds and shall not be repeated more than 3 times. Signaling transmissions may be staggered at any interval or may be continuous. In the Public Safety Pool, the maximum duration of any voice signaling transmission shall not exceed 6 seconds and shall not be repeated more than 3 times. ( e ) Until December 31, 1999, for systems in the Public Safety Pool authorized prior to June 20, 1975, and Power and Petroleum licensees as defined in § 90.7 authorized prior to June 1, 1976, the maximum duration of any signaling transmission shall not exceed 6 seconds and shall not be repeated more than 5 times. For Power licensees authorized between June 1, 1976, and August 14, 1989, signaling duration shall not exceed 2 seconds and shall not be repeated more than 5 times. Such systems include existing facilities and additional facilities which may be authorized as a clear and direct expansion of existing facilities. After December 31, 1999, all signaling systems shall be required to comply with the 2 second message duration and 3 message repetition requirements. ( f ) Systems employing automatic interrogation shall be limited to non-voice techniques and shall not be activated for this purpose more than 10 seconds out of any 60 second period. This 10 second timeframe includes both transmit and response times. ( g ) Automatic means shall be provided to deactivate the transmitter in the event the r.f. carrier remains on for a period in excess of 3 minutes or if a transmission for the same signaling function is repeated consecutively more than five times. ( h ) Fixed stations authorized pursuant to the provisions of this section are exempt from the requirements of §§ 90.137(b) , 90.425 , and 90.429 . ( i ) Base, mobile, or mobile relay stations may transmit secondary signaling transmissions to receivers at fixed locations subject to the conditions set forth in this section. ( j ) Under the provisions of this section, a mobile service frequency may not be used exclusively for secondary signaling. ( k ) The use of secondary signaling will not be considered in whole or in part as a justification for authorizing additional frequencies in a licensee's land mobile radio system. ( l ) Secondary fixed signaling operations conducted in accordance with the provisions of §§ 90.317(a) , 90.557 and 90.637 are exempt from the foregoing provisions of this section. [ 54 FR 28679 , July 7, 1989, as amended at 57 FR 34693 , Aug. 6, 1992; 58 FR 30996 , May 28, 1993; 60 FR 50123 , Sept. 28, 1995; 62 FR 18927 , Apr. 17, 1997; 72 FR 35195 , June 27, 2007; 72 FR 44424 , Aug. 8, 2007; 79 FR 39339 , July 10, 2014] § 90.237 Interim provisions for operation of radioteleprinter and radiofacsimile devices. These provisions authorize and govern the use of radioteleprinter and radiofacsimile devices for base station use (other than on mobile-only or paging-only frequencies) in all radio pools and services except Radiolocation in this part. ( a ) Information must be submitted with an application to establish that the minimum separation between a proposed radioteleprinter or radiofacsimile base station and the nearest co-channel base station of another licensee operating a voice system is 120 km (75 mi) for a single frequency mode of operation, or 56 km (35 mi) for two frequency mode of operation. Where this minimum mileage separation cannot be achieved, either agreement to the use of F1B, F2B, F3C, G1B, G2B or G3C emission must be received from all existing co-channel licensees using voice emission within the applicable mileage limits, or if agreement was not received, the licensee of the radioteleprinter or radiofacsimile system is responsible for eliminating any interference with preexisting voice operations. New licensees of voice operations will be expected to share equally any frequency occupied by established radioteleprinter or radiofacsimile operations. ( b ) [Reserved] ( c ) Transmitters certificated under this part for use of G3E or F3E emission may also be used for F1B, F2B, F3C, G1B, G2B or G3C emission for radioteleprinter or radiofacsimile, provided the keying signal is passed through the low pass audio frequency filter required for G3E or F3E emission. The transmitter must be so adjusted and operated that the instantaneous frequency deviation does not exceed the maximum value allowed for G3E or F3E. ( d ) Frequencies will not be assigned exclusively for F1B, F2B, F3C, G1B, G2B or G3C emission for radioteleprinter or radiofacsimile (except where specifically provided for in the frequency limitations). ( e ) The requirements in this part applicable to the use of G3E or F3E emission are also applicable to the use of F1B, F2B, F3C, G1B, G2B or G3C emission for radioteleprinter and radiofacsimile transmissions. ( f ) The station identification required by § 90.425 must be given by voice or Morse code. ( g ) For single sideband operations in accordance with § 90.266 , transmitters certified under this part for use of J3E emission may also be used for A2B and F2B emissions for radioteleprinter transmissions. Transmitters certified under this part for use of J3E emission in accordance with §§ 90.35(c)(1)(A) , 90.35(c)(1)(B) , 90.35(c)(1)(C) and 90.257(a) may also be used for A1B, A2B, F1B, F2B, J2B, and A3C emissions to provide standby backup circuits for operational telecommunications circuits which have been disrupted, where so authorized in other sections of this part. [ 43 FR 54791 , Nov. 22, 1978, as amended at 49 FR 48712 , Dec. 14, 1984; 51 FR 14998 , Apr. 22, 1986; 62 FR 18927 , Apr. 17, 1997; 63 FR 36610 , July 7, 1998; 63 FR 68965 , Dec. 14, 1998; 72 FR 35195 , June 27, 2007] § 90.238 Telemetry operations. The use of telemetry is authorized under this part on the following frequencies. ( a ) 72-76 MHz (in accordance with § 90.257 and subject to the rules governing the use of that band). ( b ) 154.45625, 154.46375, 154.47125, and 154.47875 MHz (subject to the rules governing the use of those frequencies). ( c ) 173.20375, 173.210, 173.2375, 173.2625, 173.2875, 173.3125, 173.3375, 173.3625, 173.390, and 173.39625 MHz (subject to the rules governing the use of those frequencies). ( d ) 216-220 and 1427-1435 MHz (as available in the Public Safety and Industrial/Business Pools and in accordance with § 90.259 ). ( e ) In the 450-470 MHz band, telemetry operations will be authorized on a secondary basis with a transmitter output power not to exceed 2 watts on frequencies subject to § 90.20(d)(27) or § 90.35(c)(30) , except that telemetry operations used by Railroad licensees may be authorized on frequency pair 452/457.9375 MHz with a transmitter output power not to exceed 8 watts. ( f ) 220-222 MHz as available under subpart T of this part . ( g ) 450-470 MHz band (as available for secondary fixed operations in accordance with § 90.261 and for low power operations in accordance with § 90.267 ). ( h ) 458-468 MHz band (as available in the Public Safety Pool for bio-medical telemetry operations). ( i ) For Industrial/Business frequencies which are not governed by paragraphs (a) through (h), on frequencies available for operations up to 2 watts. [ 44 FR 17183 , Mar. 21, 1979, as amended at 46 FR 45955 , Sept. 16, 1981; 50 FR 39680 , Sept. 30, 1985; 50 FR 40976 , Oct. 8, 1985; 56 FR 19603 , Apr. 29, 1991; 60 FR 37268 , July 19, 1995; 61 FR 6576 , Feb. 21, 1996; 62 FR 18927 , Apr. 17, 1997; 68 FR 19460 , Apr. 21, 2003; 78 FR 28756 , May 16, 2013] § 90.239 [Reserved] § 90.241 Radio call box operations. ( a ) The frequencies in the 72-76 MHz band listed in § 90.257(a)(1) may be assigned in the Public Safety Pool for operation of radio call boxes to be used by the public to request fire, police, ambulance, road service, and other emergency assistance, subject to the following conditions and limitations: ( 1 ) Maximum transmitter power will be either 2.5 watts plate input to the final stage or 1 watt output. ( 2 ) Antenna gain shall not exceed zero dBd (referred to a half-wave dipole) in any horizontal direction. ( 3 ) Only vertical polarization of antennas shall be permitted. ( 4 ) The antenna and its supporting structure must not exceed 6.1 m (20 feet) in height above the ground. ( 5 ) Only A1D, A2D, F1D, F2D, G1D, or G2D emission shall be authorized. ( 6 ) The transmitter frequency tolerance shall be 0.005 percent. ( 7 ) Except for test purposes, each transmission must be limited to a maximum of two seconds and shall not be automatically repeated more than two times at spaced intervals within the following 30 seconds. Thereafter, the authorized cycle may not be reactivated for one minute. ( 8 ) All transmitters installed after December 10, 1970, shall be furnished with an automatic means to deactivate the transmitter in the event the carrier remains on for a period in excess of three minutes. The automatic cutoff system must be designed so the transmitter can be only manually reactivated. ( 9 ) Frequency selection must be made with regard to reception of television stations on channels 4 (66-72 MHz) and 5 (76-82 MHz) and should maintain the greatest possible frequency separation from either or both of these channels, if they are assigned in the area. ( b ) [Reserved] ( c ) Frequencies in the 450-470 MHz band which are designated as available for assignment to central control stations and radio call box installations in § 90.20(c) or § 90.20(d)(58) may be assigned in the Public Safety Pool for highway call box systems subject to the following requirements: ( 1 ) Call box transmitters shall be installed only on limited access highways and may communicate only with central control stations of the licensee. ( 2 ) Maximum transmitter power for call boxes will be either 2.5 watts input to the final amplifier stage or one watt output. The central control station shall not exceed 25 watts effective radiated power (ERP). ( 3 ) The height of a call box antenna may not exceed 6.1 meters (20 feet) above the ground, the natural formation, or the existing man-made structure (other than an antenna supporting structure) on which it is mounted. A central station transmitting antenna, together with its supporting structure shall not exceed 15 m. (50 ft.) above the ground surface. ( 4 ) Only F1D, F2D, F3E, G1D, G2D, or G3E, emission may be authorized for nonvoice signaling, radiotelephony, and multiplexed voice and nonvoice use. The provisions in this part applicable to the use of F3E or G3E emission are also applicable to the use of F1D, F2D, G1D or G2D emission for call box transmitters. ( 5 ) The station identification required by § 90.425 shall be by voice and may be transmitted for the system from the central control station. Means shall be provided at each central control station location to automatically indicate the call box unit identifier when a call box unit is activated. ( 6 ) Call box installations must be so designed that their unit identifier is automatically transmitted when the handset is lifted. ( 7 ) Each application for a call box system must contain information on the nonvoice transmitting equipment, including the character structure, bit rate, modulating tone frequencies, identification codes, and the method of modulation (i.e., frequency shift, tone shift, or tone phase shift). ( 8 ) Call box installations may be used secondarily for the transmission of information from roadside sensors. Central control station transmitters may be used secondarily to interrogate call box roadside sensors and for the transmission of signals to activate roadside signs. ( 9 ) Each call box transmitter must be provided with a timer which will automatically deactivate the transmitter after 2 minutes unless the central control station operator reactivates the timer cycle. ( 10 ) The central control station must include facilities that permit direct control of any call box in the system. ( 11 ) Call box transmitter frequency tolerance shall be 0.001 percent. ( 12 ) Transmitters certificated under this part for use of F3E or G3E emission may be used for F1D, F2B, G2B or G2D emission provided that the audio tones or digital data bits are passed through the low pass audio filter required to be provided in the transmitter for F3E or G3E emission. The transmitter must be adjusted and operated so that the instantaneous frequency deviation does not exceed the maximum value allowed for F3E or G3E emission. ( d ) In addition to the frequencies available pursuant to § 90.20(c) the frequencies set forth in § 90.20(d)(58) may be used for central control station and call box installations in areas where such frequencies are available for fixed system use subject to the requirements and limitations of that section and subject to the provisions of paragraphs (c) (1) , (4) , (5) , (6) , (7) , (8) , (9) , (10) , and (12) of this section. [ 43 FR 54791 , Nov. 22, 1978; 44 FR 32219 , June 5, 1979; 49 FR 48712 , Dec. 14, 1984; 50 FR 39680 , Sept. 30, 1985; 50 FR 40976 , Oct. 8, 1985; 54 FR 38681 , Sept. 20, 1989; 54 FR 45891 , Oct. 31, 1989; 58 FR 44957 , Aug. 25, 1993; 62 FR 18927 , Apr. 17, 1997; 63 FR 36610 , July 7, 1998; 63 FR 68965 , Dec. 14, 1998; 72 FR 35195 , June 27, 2007; 78 FR 25175 , Apr. 29, 2013] § 90.242 Travelers' information stations. ( a ) The frequencies 530 through 1700 kHz in 10 kHz increments may be assigned to the Public Safety Pool for the operation of Travelers' Information Stations subject to the following conditions and limitations. ( 1 ) [Reserved] ( 2 ) Each application for a station or system shall be accompanied by: ( i ) A statement certifying that the transmitting site of the Travelers' Information Station will be located at least 15 km (9.3 miles) measured orthogonally outside the measured 0.5 mV/m daytime contour (0.1 mV/m for Class A stations) of any AM broadcast station operating on a first adjacent channel or at least 130 km (80.6 miles) outside the measured 0.5 mV/m daytime contour (0.1 mV/m for Class A stations) of any AM broadcast station operating on the same channel, or, if nighttime operation is proposed, outside the theoretical 0.5 mV/m-50% nighttime skywave contour of a U.S. Class A station. If the measured contour is not available, then the calculated 0.5 mV/m field strength contour shall be acceptable. These contours are available at the concerned AM broadcast station and FCC offices in Washington, DC. ( ii ) In consideration of possible cross-modulation and inter-modulation interference effects which may result from the operation of a Travelers' Information Station in the vicinity of an AM broadcast station on the second or third adjacent channel, the applicant shall certify that it has considered these possible effects and, to the best of its knowledge, does not foresee interference occurring to broadcast stations operating on second or third adjacent channels. ( iii ) A map showing the geographical location of each transmitter site and an estimate of the signal strength at the contour of the desired coverage area. For a cable system, the contour to be shown is the estimated field strength at 60 meters (197 feet) from any point on the cable. For a conventional radiating antenna, the estimated field strength contour at 1.5 km (0.93 mile) shall be shown. A contour map comprised of actual on-the-air measurements shall be submitted to the Commission within 60 days after station authorization or completion of station construction, whichever occurs later. A sufficient number of points shall be chosen at the specified distances (extrapolated measurements are acceptable) to adequately show compliance with the field strength limits. ( iv ) For each transmitter site, the transmitter's output power, the type of antenna utilized, its length (for a cable system), its height above ground, distance from transmitter to the antenna, and the elevation above sea level at the transmitting site. ( 3 ) Travelers' Information Stations will be authorized on a primary basis on 530 kHz and on a secondary basis to stations authorized on a primary basis in the band 535-1705 kHz. ( 4 ) A Travelers' Information Station authorization may be suspended, modified, or withdrawn by the Commission without prior notice or right to hearing if necessary to resolve interference conflicts, to implement agreements with foreign governments, or in other circumstances warranting such action. ( 5 ) The transmitting site of each Travelers' Information Station shall be restricted to the immediate vicinity of the following specified areas: Air, train, and bus transportation terminals, public parks and historical sites, bridges, tunnels, and any intersection of a Federal Interstate Highway with any other Interstate, Federal, State, or local highway. ( 6 ) A Travelers' Information Station shall normally be authorized to use a single transmitter. However, a system of stations, with each station in the system employing a separate transmitter, may be authorized for a specific area provided sufficient need is demonstrated by the applicant. ( 7 ) Travelers' Information Stations shall transmit only noncommercial voice information pertaining to traffic and road conditions, traffic hazard and travel advisories, directions, availability of lodging, rest stops and service stations, and descriptions of local points of interest. It is not permissible to identify the commercial name of any business establishment whose service may be available within or outside the coverage area of a Travelers' Information Station. However, to facilitate announcements concerning departures/arrivals and parking areas at air, train, and bus terminals, the trade name identification of carriers is permitted. Travelers' Information Stations may also transmit information in accordance with the provisions of §§ 90.405 and 90.407 . ( b ) Technical standards. ( 1 ) The use of 6K00A3E emission will be authorized, however N0N emission may be used for purposes of receiver quieting, but only for a system of stations employing “leaky” cable antennas. ( 2 ) A frequency tolerance of 100 Hz shall be maintained. ( 3 ) For a station employing a cable antenna, the following restrictions apply: ( i ) The length of the cable antenna shall not exceed 3.0 km (1.9 miles). ( ii ) Transmitter RF output power shall not exceed 50 watts and shall be adjustable downward to enable the user to comply with the specified field strength limit. ( iii ) The field strength of the emission on the operating frequency shall not exceed 2 mV/m when measured with a standard field strength meter at a distance of 60 meters (197 feet) from any part of the station. ( 4 ) For a station employing a conventional radiating antenna(s) (ex. vertical monopole, directional array) the following restrictions apply: ( i ) The antenna height above ground level shall not exceed 15.0 meters (49.2 feet). ( ii ) Only vertical polarization of antennas shall be permitted. ( iii ) Transmitter RF output power shall not exceed 10 watts to enable the user to comply with the specified field strength limit. ( iv ) The field strength of the emission on the operating frequency shall not exceed 2 mV/m when measured with a standard field strength meter at a distance of 1.50 km (0.93 miles) from the transmitting antenna system. ( 5 ) For co-channel stations operating under different licenses, the following minimum separation distances shall apply: ( i ) 0.50 km (0.31 miles) for the case when both stations are using cable antennas. ( ii ) 7.50 km (4.66 miles) for the case when one station is using a conventional antenna and the other is using a cable antenna. ( iii ) 15.0 km (9.3 miles) for the case when both stations are using conventional antennas. ( 6 ) For a system of co-channel transmitters operating under a single authorization utilizing either cable or conventional antennas, or both, no minimum separation distance is required. ( 7 ) An applicant desiring to locate a station that does not comply with the separation requirements of this section shall coordinate with the affected station. ( 8 ) Each transmitter in a Travelers' Information Station shall be equipped with an audio low-pass filter. Such filter shall be installed either at the transmitter's audio input or between the modulation limiter and the modulated stage. At audio frequencies between 5 kHz and 20 kHz this filter shall have an attenuation greater than the attenuation at 1 kHz by at least: 83 log 10 (f/5) decibels. where “f” is the audio frequency in kHz. At audio frequencies above 20 kHz, the attenuation shall be at least 50 decibels greater than the attenuation at 1 kHz. [ 43 FR 54791 , Nov. 22, 1978; 44 FR 67118 , Nov. 23, 1979; 49 FR 48712 , Dec. 14, 1984, as amended at 54 FR 39740 , Sept. 28, 1989; 56 FR 64874 , Dec. 12, 1991; 62 FR 18928 , Apr. 17, 1997; 65 FR 60877 , Oct. 13, 2000; 67 FR 63289 , Oct. 11, 2002; 72 FR 35195 , June 27, 2007; 73 FR 25497 , May 6, 2008; 78 FR 50345 , Aug. 19, 2013; 80 FR 25608 , May 5, 2015] § 90.243 Mobile relay stations. ( a ) Mobile relay operations will be authorized on frequencies below 512 MHz, except in the Radiolocation Service. ( b ) Special provisions for mobile relay operations: ( 1 ) In the Public Safety Pool, systems operating on any of the public safety frequencies listed in § 90.20(c) are permitted to be cross-banded for mobile stations operations with mobile relay stations where such stations are authorized. ( 2 ) [Reserved] ( 3 ) In the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3) , mobile relay operation shall be on a secondary basis to other co-channel operations. ( 4 ) Except where specifically precluded, a mobile relay station may be authorized to operate on any frequency available for assignment to base stations. ( 5 ) A mobile station associated with mobile relay station(s) may not be authorized to operate on a frequency below 25 MHz. ( c ) Technical requirements for mobile relay stations. ( 1 ) Each new mobile relay station with an output power of more than one watt, and authorized after January 1, 1972, that is activated by signals below 50 MHz shall deactivate the station upon cessation of reception of the activating continuous coded tone signal. Licensees may utilize a combination of digital selection and continuous coded tone control where required to insure selection of only the desired mobile relay station. ( 2 ) Mobile relay stations controlled by signals above 50 MHz or authorized prior to January 1, 1972, to operate below 50 MHz are not required to incorporate coded signal or tone control devices unless the transmitters are consistently activated by undesired signals and cause harmful interference to other licensees. If activation by undesired signals causes harmful interference, the Commission will require the installation of tone control equipment within 90 days of a notice to the licensee. ( 3 ) Except in the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3) , each new mobile-relay station authorized after January 1, 1972, shall be equipped for automatic deactivation of the transmitter within 5 seconds after the signals controlling the station cease. ( 4 ) Except in the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3) , each new mobile-relay station authorized after January 1, 1972, during periods that is not controlled from a manned fixed control point; shall have an automatic time delay or clock device that will deactivate the station not more than 3 minutes after its activation by a mobile unit. ( 5 ) In the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3) , each mobile relay station, regardless of the frequency or frequencies of the signal by which it is activated shall be so designated and installed that it will be deactivated automatically when its associated receiver or receivers are not receiving a signal on the frequency or frequencies which normally activate it. ( 6 ) Multiple mobile relay station radio systems shall use wireline or radio stations on fixed frequencies for any necessary interconnect circuits between the mobile relay stations. [ 43 FR 54791 , Nov. 22, 1978, as amended at 49 FR 40177 , Oct. 15, 1984; 50 FR 13606 , Apr. 5, 1985; 50 FR 39680 , Sept. 30, 1985; 50 FR 40976 , Oct. 8, 1985; 54 FR 39740 , Sept. 28, 1989; 56 FR 19603 , Apr. 29, 1991; 56 FR 32517 , July 17, 1991; 60 FR 37268 , July 19, 1995; 61 FR 6576 , Feb. 21, 1996; 62 FR 18928 , Apr. 17, 1997; 74 FR 23803 , May 21, 2009] § 90.245 Fixed relay stations. Except where specifically provided for, fixed relay stations shall be authorized to operate only on frequencies available for use by operational fixed stations. § 90.247 Mobile repeater stations. A mobile station authorized to operate on a mobile service frequency above 25 MHz may be used as a mobile repeater to extend the communications range of hand-carried units subject to the following: ( a ) Mobile repeaters and/or associated hand-carried transmitters may be assigned separate base/mobile frequencies for this use in addition to the number of frequencies normally assignable to the licensee. ( b ) - ( c ) [Reserved] ( d ) In the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3) , use of mobile repeaters is on a secondary basis to the stations of any other licensee. Hand carried units used in connection with mobile repeaters on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3) may operate only above 150 MHz and are limited to a maximum output power of six watts. The frequency and maximum power shall be specified in the station authorization. ( e ) In the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3) , the output power of a mobile repeater station, when transmitting as a repeater station on the frequency used for communication with its associated pack-carried or hand-carried units, shall not exceed 6 watts except when the same frequency is also used by the same station for direct communication with vehicular mobile units or with one or more base stations. ( f ) When automatically retransmitting messages originated by or destined for hand-carried units, each mobile station shall activate the mobile transmitter only with a continuous access signal, the absence of which will de-activate the mobile transmitter. The continuous access signal is not required when the mobile unit is equipped with a switch that activates the automatic mode of the mobile unit and an automatic time-delay device that de-activates the transmitter after any uninterrupted transmission period in excess of 3 minutes. For the purposes of this rule section the continuous access signal can be achieved by use of digital or analog methods. [ 43 FR 54791 , Nov. 22, 1978, as amended at 62 FR 18928 , Apr. 17, 1997; 75 FR 19284 , Apr. 14, 2019] § 90.248 Wildlife and ocean buoy tracking. ( a ) The frequency bands 40.66-40.70 MHz and 216-220 MHz may be used for the tracking of, and the telemetry of scientific data from, ocean buoys and animal wildlife. ( b ) Transmitters operating under the provisions of this section are not subject to the technical standards contained in §§ 90.205-90.217 . In lieu thereof, the transmitters shall comply with the provisions in this section. ( c ) Classes of emission are limited to N0N, A1A, A2A, A2B, F1B, J2B, F2A, F2B, and/or F8E. ( d ) The authorized bandwidth shall not exceed 1 kHz. ( e ) Frequency stability. ( 1 ) For transmitters operating in the 40.66-40.70 MHz frequency band, the frequency stability shall be sufficient to ensure that, at the carrier frequency employed, the sum of the authorized bandwidth plus the bandwidth required for frequency stability are confined within this band. ( 2 ) In the 216-220 MHz frequency band, transmitters shall employ a minimum frequency stability of 0.005 percent (50 parts per million). The carrier frequency shall be selected to ensure that the sum of the authorized bandwidth plus the bandwidth required for frequency stability are confined within this band. ( 3 ) The frequency stability standards shall be met over a temperature range of −30° to + 50° centigrade at normal supply voltage and for a variation in the primary supply voltage from 85% to 115% of the rated supply voltage at a temperature of + 20 °C. For battery operated equipment, the equipment tests shall be performed using a new battery. ( f ) The maximum peak transmitter output (carrier) power shall not exceed 1 milliwatt for airborne wildlife applications, 10 milliwatts for terrestrial wildlife applications or 100 milliwatts for ocean buoys. ( g ) Emissions appearing outside of the authorized bandwidth shall be attenuated below the carrier power by at least 26 dB, following the procedures specified in § 90.210(m) . [ 63 FR 64208 , Nov. 19, 1998] § 90.249 Control stations. Control stations associated with land mobile stations under this part shall be authorized to operate subject to the following: ( a ) Frequencies for control stations. ( 1 ) Control stations may be authorized to operate on frequencies available for use by operational fixed stations. ( 2 ) A control station associated with mobile relay station(s) may, at the option of the applicant, be assigned the frequency of the associated mobile station. In the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3) , such a control station may be assigned any mobile service station frequency available for assignment to mobile stations. Such operation is on a secondary basis to use of the frequency for regular mobile service communications. ( 3 ) Control and fixed stations in the Public Safety Pool may be authorized on a temporary basis to operate on frequencies available for base and mobile stations between 152 and 450 MHz, where there is an adequate showing that such operations cannot be conducted on frequencies allocated for assignment to operational fixed stations. Such operation will not be authorized initially or renewed for periods in excess of one year. Any such authorization shall be subject to immediate termination if harmful interference is caused to stations in the mobile service, or if the particular frequency is required for mobile service operations in the area concerned. ( b ) [Reserved] ( c ) A base station which is used intermittently as a control station for one or more associated mobile relay stations of the same licensee shall operate only on the mobile service frequency assigned to the associated mobile relay station when operating as a base station and on the mobile service frequency assigned to the associated mobile station when operating as a control station. Authority for such dual classification and use must be shown on the station authorization. When operating as a control station, the licensee must meet all control station requirements. In the Industrial/Business Pool, on frequencies designated with an “LR” in the coordinator column of the frequency table in § 90.35(b)(3) , base stations used intermittently as control stations shall operate only on a mobile service frequency which is available for assignment to base stations. [ 43 FR 54791 , Nov. 22, 1978, as amended at 49 FR 36376 , Sept. 17, 1984; 62 FR 18928 , Apr. 17, 1997] § 90.250 Meteor burst communications. Meteor burst communications may be authorized for the use of private radio stations subject to the following provisions: ( a ) Station operation is limited to the State of Alaska only. ( b ) The frequency 44.20 MHz may be used for base station operation and 45.90 MHz for remote station operation on a primary basis. The frequencies 42.40 and 44.10 MHz may be used by base and remote stations, respectively, on a secondary basis to common carrier stations utilizing meteor burst communications. Users shall cooperate among themselves to the extent practicable to promote compatible operation. ( c ) The maximum transmitter output power shall not exceed 2000 watts for base stations and 500 watts for remote stations. ( d ) Co-channel base stations of different licensees shall be located at least 241 km (150 miles) apart. A remote station and a base station of different licensees shall be located at least 241 km (150 miles) apart if the remote units of the different licensees operate on the same frequency. Waiver of this requirement may be granted if affected users agree to a cooperative sharing arrangement. ( e ) The authorized emission designator to be used in F1E, F7W, G1E or G7W to allow for Phase Shift Keying (PSK) or Frequency Shift Keying (FSK). ( f ) The maximum authorized bandwidth is 20 kHz. ( g ) Station identification in accordance with § 90.425(a) or (b) shall only be required for the base station. ( h ) Stations may be required to comply with additional conditions of operation as necessary on a case-by-case basis as specified in the authorization. ( i ) Stations employing meteor burst communications must not cause interference to other stations operating in accordance with the allocation table. New authorizations will be issued subject to the Commission's experimental licensing rules in part 5 of this chapter . Prior to expiration of the experimental authorization, application Form 601 should be filed for issuance of a permanent authorization. [ 48 FR 34043 , July 27, 1983, as amended at 49 FR 48712 , Dec. 14, 1984; 58 FR 44957 , Aug. 25, 1993; 72 FR 35196 , June 27, 2007; 78 FR 25175 , Apr. 29, 2013] Subpart K—Standards for Special Frequencies or Frequency Bands § 90.251 Scope. This subpart sets forth special requirements applicable to the use of certain frequencies or frequency bands. [ 54 FR 39740 , Sept. 28, 1989] § 90.253 Use of frequency 5167.5 kHz. The frequency 5167.5 kHz may be used by any station authorized under this part to communicate with any other station in the State of Alaska for emergency communications. The maximum power permitted is 150 watts peak envelope power (PEP). All stations operating on this frequency must be located in or within 50 nautical miles (92.6 km) of the State of Alaska. This frequency may also be used by stations authorized in the Alaska-private fixed service for calling and listening, but only for establishing communication before switching to another frequency. [ 49 FR 32201 , Aug. 13, 1984] § 90.255 [Reserved] § 90.257 Assignment and use of frequencies in the band 72-76 MHz. ( a ) The following criteria shall govern the authorization and use of frequencies within the band 72-76 MHz by fixed stations. (For call box operations see § 90.241 ). ( 1 ) The following frequencies in the band 72-76 MHz may be used for fixed operations: MHz 72.02 72.80 72.04 72.82 72.06 72.84 72.08 72.86 72.10 72.88 72.12 72.90 72.14 72.92 72.16 72.94 72.18 72.96 72.20 72.98 72.22 75.42 72.24 75.46 72.26 75.50 72.28 75.54 72.30 75.58 72.32 75.62 72.34 75.64 72.36 75.66 72.38 75.68 72.40 75.70 72.42 75.72 72.46 75.74 72.50 75.76 72.54 75.78 72.58 75.80 72.62 75.82 72.64 75.84 72.66 75.86 72.68 75.88 72.70 75.90 72.72 75.92 72.74 75.94 72.76 75.96 72.78 75.98 ( 2 ) All authorizations are subject to the condition that no harmful interference will be caused to television reception on Channels 4 and 5. ( 3 ) The applicant must agree to eliminate any harmful interference caused by his operation to TV reception on either Channel 4 or 5 that might develop by whatever means are necessary. Such action must be taken within 90 days of notification by the Commission. If such interference is not eliminated within the 90-day period, operation of the fixed station will be discontinued. ( 4 ) Vertical polarization must be used. ( 5 ) Whenever it is proposed to locate a 72-76 MHz fixed station less than 128 km (80 mi.) but more than 16 km (10 mi.) from the site of a TV transmitter operating on either channel 4 or 5, or from the post office of a community in which such channels are assigned but not in operation, the fixed station shall be authorized only if there are fewer than 100 family dwelling units (as defined by the U.S. Bureau of the Census), excluding units 112 or more km (70 mi.) distant from the TV antenna site, located within a circle centered at the location of the proposed fixed station. The radius shall be determined by use of the following chart entitled, “Chart for Determining Radius From Fixed Station in 72-76 MHz Band to Interference Contour Along Which 10 Percent of Service From Adjacent Channel Television Station Would Be Destroyed.” Two charts are available, one for Channel 4, and one for Channel 5. The Commission may, however, in a particular case, authorize the location of a fixed station within a circle containing 100 or more family dwelling units upon a showing that: ( i ) The proposed site is the only suitable location. ( ii ) It is not feasible, technically or otherwise, to use other available frequencies. ( iii ) The applicant has a plan to control any interference that might develop to TV reception from his operations. ( iv ) The applicant is financially able and agrees to make such adjustments in the TV receivers affected as may be necessary to eliminate any interference caused by his operations. ( v ) All applications seeking authority to operate with a separation of less than 16 km (10 mi.) will be returned without action. ( b ) The following criteria governs the authorization and use of frequencies in the 72-76 MHz band by mobile stations in the Industrial/Business Pool. ( 1 ) Mobile operation on frequencies in the 72-76 MHz band is subject to the condition that no interference is caused to the reception of television stations operating on Channel 4 or 5. Interference will be considered to occur whenever reception of a regularly used television signal is impaired by signals radiated by stations operating under these rules in the 72 to 76 MHz band regardless of the quality of such reception or the strength of the signal used. In order to minimize the hazard of such interference, it shall be the duty of the licensee to determine whether interference is being caused to television reception, wherever television receivers other than those under the control of the licensee, are located within 31 m. (100 ft.) of any point where the stations licensed under these rules may be operated. In any case, it shall be the responsibility of the licensee to correct, at its own expense, any such interference and if the interference cannot be eliminated by the application of suitable techniques, the operation of the offending transmitter shall be suspended. If the complainant refuses to permit the licensee to apply remedial techniques which demonstrably will eliminate the interference without impairment of the original reception, the licensee is absolved of further responsibility. ( 2 ) The maximum transmitter output power that will be authorized is 1 watt; and each station authorized will be classified and licensed as a mobile station. Any units of such a station, however, may be used to provide the operational functions of a base or fixed station. The antennas of transmitters operating on these frequencies must be directly mounted or installed upon the transmitting unit: Except that when permanently installed aboard a vehicle, antenna and transmitter may be separated as required for convenience in mounting. Horizontal polarization will not be allowed; and the gain of antennas employed shall not exceed that of a halfwave dipole. The maximum bandwidth that will be authorized is 20 kHz. Tone control transmissions are permitted. ( c ) Radio remote control of models is permitted on frequencies 10 kHz removed from these frequencies authorized for fixed and mobile operations in the 72-76 MHz band. Remote control operations are secondary to operation of fixed and mobile stations as provided for in this section. [ 43 FR 54791 , Nov. 22, 1978; 44 FR 32219 , June 5, 1979, as amended at 47 FR 51879 , Nov. 18, 1982; 49 FR 41249 , Oct. 22, 1984; 54 FR 38681 , Sept. 20, 1989; 58 FR 30129 , May 26, 1993; 60 FR 37268 , July 19, 1995; 62 FR 18928 , Apr. 17, 1997; 72 FR 35196 , June 27, 2007] § 90.259 Assignment and use of frequencies in the bands 216-220 MHz and 1427-1432 MHz. ( a ) 216-220 MHz band. ( 1 ) Frequencies in the 216-220 MHz band may be assigned to applicants that establish eligibility in the Industrial/Business Pool. ( 2 ) All operation is secondary to the fixed and mobile services, including the Low Power Radio Service. ( 3 ) In the 216-217 MHz band, no new assignments will be made after January 1, 2002. ( 4 ) In the 217-220 MHz band, the maximum transmitter output power is 2 watts. The maximum antenna height above average terrain (HAAT) is 152 m (500 feet). ( 5 ) In the 217-220 MHz band, base, mobile, and operational fixed operations are permitted. ( 6 ) Wide area operations will not be authorized. The area of normal day-to-day operations will be described in the application in terms of maximum distance from a geographical center (latitude and longitude). ( 7 ) Frequencies will be assigned with a 6.25 kHz, 12.5 kHz, 25 kHz or 50 kHz channel bandwidth. Frequencies may be assigned with a channel bandwidth exceeding 50 kHz only upon a showing of adequate justification. ( 8 ) Assignable 6.25 kHz channels will occur in increments of 6.25 kHz from 217.00625 MHz to 219.99375 MHz. Assignable 12.5 kHz channels will occur in increments of 12.5 kHz from 217.0125 MHz to 219.9875 MHz. Assignable 25 kHz channels will occur in increments of 25 kHz from 217.025 MHz to 219.975 MHz. Assignable 50 kHz channels will occur in increments of 50 kHz from 217.025 MHz to 219.975 MHz. ( b ) 1427-1432 MHz band. ( 1 ) Frequencies in the 1427-1432 MHz band may be assigned to applicants that establish eligibility in the Public Safety Pool or the Industrial/Business Pool. ( 2 ) All operations in the 1427-1429.5 MHz band are secondary to the Wireless Medical Telemetry Service except in the locations specified in paragraph (b)(4) of this section. At the locations specified in paragraph (b)(4) of this section, all operations are secondary to the Wireless Medical Telemetry Service in the 1429-1431.5 MHz band. ( 3 ) All operations in the 1429.5-1432 MHz band are primary in status except in the locations specified in paragraph (b)(4) of this section. At the locations specified in paragraph (b)(4) of this section, all operations are primary in status in the 1427-1429 MHz and 1431.5-1432 MHz bands. ( 4 ) Locations: ( i ) Pittsburgh, Pennsylvania—Counties of Westmoreland, Washington, Beaver, Allegheny and Butler; ( ii ) Washington, DC metropolitan area—Counties of Montgomery, Prince George's and Charles in Maryland; Counties of Arlington, Prince William, Fauquier, Loudon, and Fairfax, and Cities of Alexandria, Falls Church, Fairfax, Manassas and Manassas Park in Virginia; and District of Columbia; ( iii ) Richmond/Norfolk, Virginia—Counties of Charles City, Chesterfield, Dinwiddie, Goochland, Hanover, Henrico, Isle of Wight, James City, New Kent, Powhatan, Prince George, Southhampton, Surrey, Sussex, and York; Cities of Chesapeake, Colonial Heights, Franklin, Hampton, Hopewell, Newport News, Norfolk, Petersburg, Poquoson, Portsmouth, Richmond, Suffolk, Virginia Beach, and Williamsburg; ( iv ) Austin/Georgetown, Texas—Counties of Williamson and Travis; ( v ) Battle Creek, Michigan—County of Calhoun; ( vi ) Detroit, Michigan—Counties of Oakland, Wayne, Washtenaw, Macomb and Livingston; ( vii ) Spokane, Washington—Counties of Spokane, WA and Kootenai, ID. ( 5 ) All operations in the 1429.5-1432 MHz band authorized prior to April 12, 2002 are on a secondary basis. ( 6 ) For secondary operations only fixed stations are permitted. At the locations specified in (b)(4) of this section, secondary operations are performed in the 1429-1431.5 MHz band. For all other locations, secondary operations are performed in the 1427-1429.5 MHz band. The maximum power is 1 watt EIRP. ( 7 ) For primary operations base, mobile, operational fixed and temporary fixed operations are permitted. ( i ) At the locations specified in paragraph (b)(4) of this section, primary operations are performed in the 1427-1429 MHz and 1431.5-1432 MHz bands. The maximum ERP limitations are as follows: Operation Frequency range (MHz) 1427-1428 1428-1428.5 1428.5-1429 1431.5-1432 Fixed (watts) 61.1 6.11 0.611 0.611 Mobile (watts) 0.611 0.611 0.015 0.015 Temporary fixed (watts) 0.611 0.611 0.611 0.611 ( ii ) For all other locations, primary operations are performed in the 1429.5-1432 MHz band. The maximum ERP limitations are as follows: Operation Frequency range (MHz) 1429.5-1430 1430-1430.5 1430.5-1431.5 1431.5-1432 Fixed (watts) 0.611 0.611 6.11 61.1 Mobile (watts) 0.015 0.611 0.611 0.611 Temporary fixed (watts) 0.611 0.611 0.611 0.611 ( 8 ) Wide area operations will not be authorized. The area of normal day-to-day operations will be described in the application in terms of maximum distance from a geographical center (latitude and longitude). ( 9 ) Assignable frequencies occur in increments of 12.5 kHz from 1427.00625 MHz to 1431.99375 MHz. ( 10 ) Licensees, however, may combine contiguous channels up to 50 kHz, and more than 50 kHz only upon a showing of adequate justification. ( 11 ) For any operation in the 1427-1432 MHz band, the predicted or measured field strength—in the WMTS primary band—at the location of any registered WMTS healthcare facility shall not exceed 150 uV/m. For the locations specified in (b)(4) of this section, WMTS is primary in the 1429-1431.5 MHz band. For all other locations, WMTS is primary in the 1427-1429.5 MHz band. ( c ) Authorized uses. ( 1 ) Use of these bands is limited to telemetering purposes. ( 2 ) Base stations authorized in these bands shall be used to perform telecommand functions with associated mobile telemetering stations. Base stations may also command actions by the vehicle itself, but will not be authorized solely to perform this function. ( 3 ) Except for the transmissions that are permitted under § 90.248(f) of this chapter , airborne use is prohibited. [ 67 FR 41860 , June 20, 2002, as amended at 69 FR 39867 , July 1, 2004; 72 FR 35196 , June 27, 2007; 75 FR 19284 , Apr. 14, 2010] § 90.261 Assignment and use of the frequencies in the band 450-470 MHz for fixed operations. ( a ) Frequencies in the 450-470 MHz band as listed in §§ 90.20(c)(3) and 90.35(b)(3) may be assigned to all eligibles for fixed use on a secondary basis to land mobile operations. ( b ) Fixed stations located 140 km (87 mi) or more from the center of any urbanized area of 600,000 or more population are limited to a transmitter output power of 75 watts. Fixed stations less than 140 km (87 mi) from the centers of these areas are limited to a transmitter output power of 20 watts. Urbanized areas of 600,000 or more population are defined in the U.S. Census of Population 1970, Vol. 1, Table 20, pages 1-74. The centers of the urbanized areas are determined from the Appendix, page 226, of the U.S. Department of Commerce publication “Airline Distance Between Cities in the United States.” ( c ) All fixed systems are limited to one frequency pair with 5 MHz spacing and must employ directional antennas with a front-to-back ratio of 15dB, except that omnidirectional antennas having unity gain may be employed by stations communicating with a minimum of three receiving locations encompassed in a sector of at least 160° in azimuth. Stations authorized for secondary fixed operations prior to July 13, 1992, may continue to operate under the conditions of their initial authorization. ( d ) - ( e ) [Reserved] ( f ) Secondary fixed operations pursuant to paragraph (a) of this section will not be authorized on the following frequencies or on frequencies subject to § 90.267 , except as provided in § 90.219(d)(3)(ii) : Frequencies (MHz) 451.800/456.800 451.80625/456.80625 451.8125/456.8125 451.81875/456.81875 452.525 452.53125 452.5375 452.54375 452.550 452.55625 452.5625 452.56875 452.575 452.58125 452.5875 452.59375 452.600 452.60625 452.6125 452.61875 452.925/457.925 452.93125/457.93125 452.9375/457.9375 452.94375/457.94375 452.950/457.950 452.95625/457.95625 452.9625/457.9625 452.96875/457.96875 453.025/458.025 453.03125/458.03125 453.0375/458.0375 453.04375/458.04375 453.075/458.075 453.08125/458.08125 453.0875/458.0875 453.09375/458.09375 453.125/458.125 453.13125/458.13125 453.1375/458.1375 453.14375/458.14375 453.175/458.175 453.18125/458.18125 453.1875/458.1875 453.19375/458.19375 454.000/459.000 454.00625/459.00625 454.0125/459.0125 454.01875/459.01875 462.950/467.950 462.95625/467.95625 462.9625/467.9625 462.96875/467.96875 462.975/467.975 462.98125/467.98125 462.9875/467.9875 462.99375/467.99375 463.000/468.000 463.00625/468.00625 463.0125/468.0125 463.01875/468.01875 463.025/468.025 463.03125/468.03125 463.0375/468.0375 463.04375/468.04375 463.050/468.050 463.05625/468.05625 463.0625/468.0625 463.06875/468.06875 463.075/468.075 463.08125/468.08125 463.0875/468.0875 463.09375/468.09375 463.100/468.100 463.10625/468.10625 463.1125/468.1125 463.11875/468.11875 463.125/468.125 463.13125/468.13125 463.1375/468.1375 463.14375/468.14375 463.150/468.150 463.15625/468.15625 463.1625/468.1625 463.16875/468.16875 463.175/468.175 463.18125/468.18125 463.1875/468.1875 463.19375/468.19375 [ 57 FR 24992 , June 12, 1992, as amended at 58 FR 33212 , June 16, 1993; 60 FR 37268 , July 19, 1995; 62 FR 18928 , Apr. 17, 1997; 68 FR 19461 , Apr. 21, 2003; 72 FR 35196 , June 27, 2007; 83 FR 61097 , Nov. 27, 2018] § 90.263 Substitution of frequencies below 25 MHz. Frequencies below 25 MHz when shown in the radio pool frequency listings under this part will be assigned to base or mobile stations only upon a satisfactory showing that, from a safety of life standpoint, frequencies above 25 MHz will not meet the operational requirements of the applicant. These frequencies are available for assignment in many areas; however, in individual cases such assignment may be impracticable due to conflicting frequency use authorized to stations in other services by this and other countries. In such cases, a substitute frequency, if found available, may be assigned from the following bands: 1705-1750 kHz, 2107-2170 kHz, 2194-2495 kHz, 2506-2850 kHz, 3155-3400 kHz, or 4438-4650 kHz. Since such assignments are in certain instances subject to additional technical and operation limitations, it is necessary that each application also include precise information concerning transmitter output power, type and directional characteristics, if any, of the antenna, and the minimum necessary hours of operation. (This section is not applicable to the Radiolocation Service, subpart F of this part .) [ 72 FR 35196 , June 27, 2007] § 90.264 Disaster communications between 2 and 10 MHz. ( a ) The use of any particular frequency between 2 and 10 MHz is limited to those frequencies falling within the bands allocated to the fixed and land mobile services as indicated in § 2.106 of the Commission's Rules and Regulations. ( b ) Only in the following circumstances will authority be extended to stations to operate on the frequencies between 2 and 10 MHz: ( 1 ) To provide communications circuits in emergency and/or disaster situations, where safety of life and property are concerned; ( 2 ) To provide standby and/or backup communications circuits to regular domestic communications circuits which have been disrupted by disasters and/or emergencies. ( c ) The FCC will not accept responsibility for protection of the circuits from harmful interference caused by foreign operations. ( d ) In the event that a complaint of harmful interference resulting from operation of these circuits is received from a foreign source, the offending circuit(s) must cease operation on the particular frequency concerned immediately upon notification by the Commission. ( e ) In order to accomodate the situations described in paragraphs (c) and (d) of this section, the equipment shall be capable of transmitting and receiving on any frequency within the bands between 2 and 10 MHz and capable of immediate change among the frequencies. ( f ) Only 2K80J3E, 100HA1A and those emission types listed in § 90.237(g) are permitted. ( g ) Applicants must fulfill eligibility requirements set out in § 90.20(d)(6) and shall submit disaster communications plans pursuant to § 90.129(m) . ( h ) Training exercises which require use of these frequencies for more than seven hours a week, cumulative, are not authorized without prior written approval from the Commission. [ 46 FR 52373 , Oct. 27, 1981, as amended at 48 FR 32831 , July 19, 1983; 49 FR 48712 , Dec. 14, 1984; 62 FR 18929 , Apr. 17, 1997; 72 FR 35196 , June 27, 2007] § 90.265 Assignment and use of frequencies in the bands allocated for Federal use. ( a ) The following center frequencies are available for assignment to fixed stations in the Public Safety Pool or the Industrial/Business Pool, subject to the provisions of this section: Hydro Channels (MHz) 169.4250 170.2625 171.1000 406.1250 169.4375 170.2750 171.1125 406.1750 169.4500 170.2875 171.1250 412.6625 169.4625 170.3000 171.8250 412.6750 169.4750 170.3125 171.8375 412.6875 169.4875 170.3250 171.8500 412.7125 169.5000 171.0250 171.8625 412.7250 169.5125 171.0375 171.8750 412.7375 169.5250 171.0500 171.8875 412.7625 170.2250 171.0625 171.9000 412.7750 170.2375 171.0750 171.9125 415.1250 170.2500 171.0875 171.9250 415.1750 ( 1 ) The use of these frequencies is limited to transmitting hydrological or meteorological data. ( 2 ) All use of these frequencies is on a secondary basis to Federal Government stations and the hydrological or meteorological data being handled must be made available on request to governmental agencies. ( 3 ) Other provisions of this part notwithstanding, an operational fixed station operating on these frequencies shall not communicate with any station in the mobile service unless written authorization to do so has been obtained from the Commission. ( 4 ) Persons who desire to operate stations on these frequencies should communicate with the Commission for instructions concerning the procedure to be followed in filing formal application. ( 5 ) After May 27, 2005, for the 169-172 MHz band and January 1, 2008 for the 406-416 MHz band, channels for new operations are limited to an authorized bandwidth not to exceed 11.25 kHz. After those dates, existing systems with an authorized bandwidth of greater than 11.25 kHz (including those systems that expand existing operations) may continue to operate with a bandwidth greater than 11.25 kHz until January 1, 2013. Such operations are limited by paragraphs (a)(6) and (a)(7) of this section. ( 6 ) After May 27, 2005, if a licensee of a channel in the band 169-172 MHz which uses equipment with an authorized bandwidth greater than 11.25 kHz cannot resolve an interference complaint to the satisfaction of an impacted Federal agency or is advised to do so by the Hydro Committee as approved by the FCC, then the licensee must cease operation on the frequency upon notification by the Commission. ( 7 ) After January 1, 2008, if a licensee of a channel in the band 406.1-420 MHz which uses equipment with an authorized bandwidth greater than 11.25 kHz cannot resolve an interference complaint to the satisfaction of an impacted Federal agency or is advised to do so by the Hydro Committee as approved by the FCC, then the licensee must cease operation on the frequency upon notification by the Commission. ( 8 ) After May 27, 2005, new assignments on the frequencies 406.125 MHz and 406.175 MHz are to be primarily for paired operations with the frequencies 415.125 MHz and 415.175 MHz, respectively and limited to an authorized bandwidth not to exceed 11.25 kHz when paired. ( 9 ) Existing stations may continue to use the center frequencies 169.575 MHz, 409.675 MHz, 409.725 MHz, and 412.625 MHz until January 1, 2013, subject to the requirements of paragraphs (a)(6) and (a)(7) of this section. ( b ) The following frequencies are available for wireless microphone operations to eligibles in this part, subject to the provisions of this paragraph: Frequencies (MHz) 169.445 169.505 169.545 169.575 169.605 169.995 170.025 170.055 170.245 170.305 171.045 171.075 171.105 171.845 171.875 171.905 ( 1 ) On center frequencies 169.575 MHz, 170.025 MHz, 171.075 MHz, and 171.875 MHz, the emission bandwidth shall not exceed 200 kHz. On the other center frequencies listed in this paragraph (b) , the emission bandwidth shall not exceed 54 kHz. ( 2 ) The output power shall not exceed 50 milliwatts. ( 3 ) For emissions with a bandwidth not exceeding 54 kHz, the frequency stability of wireless microphones shall limit the total emission to within ±32.5 kHz of the assigned frequency. Emissions with a bandwidth exceeding 54 kHz shall comply with the emission mask in Section 8.3 of ETSI EN 300 422-1 v1.4.2 (2011-08). ( 4 ) Wireless microphone operations are unprotected from interference from other licensed operations in the band. If any interference from wireless microphone operation is received by any Government or non-Government operation, the wireless microphone must cease operation on the frequency involved. Applications are subject to Government coordination. ( c ) The following center frequencies are available for assignment to licensees engaged in forest firefighting and conservation activities, subject to the provisions of this section: Forest Firefighting and Conservation Channels (MHz) 170.425 171.425 172.225 170.475 171.475 172.275 170.575 171.575 172.375 ( 1 ) These frequencies will be assigned on a secondary basis to any U.S. Government station. ( 2 ) The frequencies 170.425 MHz, 170.475 MHz, 170.575 MHz, 171.425 MHz, 171.575 MHz, 172.225 MHz, and 172.275 MHz will be assigned only to licensees directly responsible for the prevention, detection, and suppression of forest fires. ( 3 ) The frequencies 171.475 MHz and 172.275 MHz will be assigned to licensees directly responsible for the prevention, detection, and suppression of forest fires; or to licensees engaged in forest conservation activities for mobile relay operation only. ( 4 ) The frequencies 170.425 MHz, 170.575 MHz, 171.475 MHz, 172.225 MHz, and 172.375 MHz will be assigned for use only in areas west of the Mississippi River. ( 5 ) The frequencies 170.475 MHz, 171.425 MHz, 171.575 MHz, and 172.275 MHz will be assigned for use only in areas east of the Mississippi River. ( 6 ) All applications for use of these frequencies must be accompanied by a letter of concurrence by the United States Department of Agriculture. ( 7 ) After May 27, 2005, channels for new operations are limited to an authorized bandwidth not to exceed 11.25 kHz. Between May 27, 2005, and January 1, 2013, existing systems with an authorized bandwidth of greater than 11.25 kHz (including those systems that expand existing operations) may continue to operate with a bandwidth greater than 11.25 kHz, subject to the limitations set forth in paragraph (c)(8) , of this section. ( 8 ) After May 27, 2005, if a licensee that uses equipment with an authorized bandwidth greater than 11.25 kHz cannot resolve an interference complaint from an impacted Federal agency, then the licensee must cease operation on the frequency upon notification by the Commission. ( d ) The frequencies 166.250 MHz and 170.150 MHz are available for assignment to licensees engaged in public safety activities, subject to the provisions of this section: ( 1 ) These frequencies are available for assignment to stations in the Public Safety Pool, only at points within 241.4 km. (150 mi.) of New York, N.Y.; ( 2 ) Operations on these channels is on a secondary basis to any Federal station; and ( 3 ) After May 27, 2005, if a licensee that uses equipment with an authorized bandwidth greater than 11.25 kHz cannot resolve an interference complaint from an impacted Federal agency, then the licensee must cease operation on the frequency upon notification by the Commission. ( 4 ) After May 27, 2005, channels for new operations are limited to an authorized bandwidth not to exceed 11.25 kHz. Between May 27, 2005, and January 1, 2013, existing systems with an authorized bandwidth of greater than 11.25 kHz (including those systems that expand existing operations) may continue to operate with a bandwidth greater than 11.25 kHz, subject to the limitations set forth in paragraph (d)(3) , of this section. ( e ) The following frequencies are available for use by Medical Radiocommunication Systems: ( 1 ) The frequencies 150.775 MHz, 150.790 MHz, and 163.250 MHz, subject to following provisions: ( i ) After May 27, 2005, new assignments for these frequencies shall be authorized only for the purpose of delivering or rendering medical services to individuals (medical radiocommunication systems). ( ii ) After May 27, 2005, new operations on the frequency 163.250 MHz are limited to an authorized bandwidth not to exceed 11.25 kHz. ( iii ) After January 1, 2008, new operations on the frequencies 150.775 MHz and 150.790 MHz are limited to an authorized bandwidth not to exceed 11.25 kHz. ( iv ) Existing systems with an authorized bandwidth of greater than 11.25 kHz (including those systems that expand existing operations) may continue to operate on a primary basis with a bandwidth greater than 11.25 kHz until January 1, 2013. After January 1, 2013, stations that use the frequencies 150.775 MHz, 150.790 MHz, or 163.250 MHz shall be limited to an authorized bandwidth not to exceed 11.25 kHz. ( 2 ) The frequency 152.0075 MHz and frequencies within the bands 462.9375-463.1875 MHz and 467.9375 MHz-468.1875 MHz, subject to the limitations specified in § 90.20 . ( f ) Incorporation by reference. The material listed in this paragraph (f) is incorporated by reference in this section with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 . To enforce any edition other than that specified in this section, the FCC must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the following source in this paragraph (f) : ( 1 ) European Telecommunications Standards Institute, 650 Route des Lucioles, 06921 Sophia Antipolis Cedex, France. A copy of the standard is also available at http://www.etsi.org/deliver/etsi_en/300400_300499/30042201/01.03.02_60/en_30042201v010302p.pdf . ( i ) ETSI EN 300 422-1 V1.4.2 (2011-08): “ Electromagnetic compatibility and Radio spectrum Matters (ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range; Part 1: Technical characteristics and methods of measurement,” Copyright 2011, IBR approved for section 15.236(g) . ( ii ) [Reserved] ( 2 ) [Reserved] [ 49 FR 20506 , May 15, 1984, as amended at 62 FR 18929 , Apr. 17, 1997; 70 FR 21661 , Apr. 27, 2005; 80 FR 71731 , Nov. 17, 2015; 82 FR 41562 , Sept. 1, 2017; 85 FR 64410 , Oct. 13, 2020; 88 FR 21450 , Apr. 10, 2023] § 90.266 Long distance communications on frequencies below 25 MHz. ( a ) The use of any particular frequency between 2 and 25 MHz is limited to those frequencies falling within the bands allocated to the fixed and land mobile services as indicated in § 2.106 of the Commission's Rules and Regulations. ( b ) Only in the following circumstances will authority be extended to stations to operate on the frequencies below 25 MHz: ( 1 ) To provide communications circuits to support operations which are highly important to the national interest and where other means of telecommunication are unavailable; ( 2 ) To provide standby and/or backup communications circuits to regular domestic communications circuits which have been disrupted by disasters and/or emergencies. ( c ) No protection is afforded to users of these frequencies from harmful interference caused by foreign operations. ( d ) In the event that a complaint of harmful interference resulting from operation of these circuits is received from a foreign source, the offending circuit(s) must cease operation on the particular frequency concerned immediately upon notification by the Commission. ( e ) In order to accommodate the situations described in paragraphs (c) and (d) of this section, the equipment shall be capable of transmitting and receiving on any frequency within the bands between 2 and 25 MHz and capable of immediate change among the frequencies, provided, however, that this requirement does not apply to equipment manufactured prior to August 15, 1983. ( f ) Only 2K80J3E, 100HA1A, 100HA1B and those emission types listed in § 90.237(g) are permitted. ( g ) Applicants must fulfill eligibility requirements set out in § 90.35(c)(1) and submit communications plans pursuant to § 90.129(o) . ( h ) Exercises or circuits tests which require use of these frequencies for more than seven hours per week cumulative are prohibited unless prior written approval is obtained from the Commission. [ 48 FR 32996 , July 20, 1983, as amended at 49 FR 48712 , Dec. 14, 1984; 52 FR 29856 , Aug. 12, 1987; 62 FR 18929 , Apr. 17, 1997] § 90.267 Assignment and use of frequencies in the 450-470 MHz band for low power use. ( a ) The following frequencies between 450-470 MHz are designated for low-power use subject to the provisions of this section. For purposes of this section these frequencies are referred to as “low power frequencies.” Pairs are shown but single frequencies are available for simplex operations. ( b ) Group A1 Frequencies. The Industrial/Business Pool frequencies in Group A1 are available on a coordinated basis, pursuant to §§ 90.35(b)(2) and 90.175(b) , as follows: ( 1 ) Group A1 frequencies are available for voice and non-voice operations on a co-primary basis. Base, mobile and operational fixed stations will be authorized on Group A1 frequencies. Fixed stations may be licensed as mobile. ( 2 ) Within 80 kilometers (50 miles) of the specified coordinates of the top 100 urban areas listed in § 90.741 of this chapter (“80 km circles”) only low power operation will be authorized. The coordinates of an operational fixed or base station and the geographic center (latitude and longitude) of a mobile area of operation determine whether a station is within an “80 km circle.” ( i ) The maximum ERP for low power operation on Group A1 frequencies is as follows: Operation Low side of frequency pair (watts) High side of frequency pair (watts) Operational Fixed or Base 20 6 Mobile 6 6 Portable 2 2 ( ii ) The maximum antenna height for low power fixed stations on Group A1 frequencies will be 23 meters (75 feet) above ground. ( 3 ) Outside the “80 km circles” defined in paragraph (b)(2), full-power operational fixed, base, or mobile stations will be authorized as follows: ( i ) Power and antenna height limits are governed by § 90.205 of this chapter ; ( ii ) For any operational fixed, base or mobile station exceeding the low power or antenna height limits listed in paragraph (b)(2), the 21 dBu F(50,10) contour may not overlap any portion of an “80 km circle;” and, ( iii ) Wide area operations will not be permitted. The area of normal day-to-day operations will be described in the application in terms of maximum distance from a geographic center (latitude and longitude). ( 4 ) The Industrial/Business Pool Group A1 Low Power Frequencies are as follows: 451/456.18125 451/456.58125 452/457.10625 452/457.70625 451/456.1875 451/456.5875 452/457.1125 452/457.7125 451/456.19375 451/456.59375 452/457.11875 452/457.71875 451/456.28125 451/456.60625 452/457.13125 452/457.78125 451/456.2875 451/456.6125 452/457.1375 452/457.7875 451/456.29375 451/456.61875 452/457.14375 452/457.79375 451/456.30625 451/456.65625 452/457.15625 452/457.80625 451/456.3125 451/456.6625 452/457.1625 452/457.8125 451/456.31875 451/456.66875 452/457.16875 452/457.81875 451/456.35625 451/456.68125 452/457.18125 452/457.83125 451/456.3625 451/456.6875 452/457.1875 452/457.8375 451/456.36875 451/456.69375 452/457.19375 452/457.84375 451/456.38125 451/456.70625 452/457.28125 452/457.88125 451/456.3875 451/456.7125 452/457.2875 452/457.8875 451/456.39375 451/456.71875 452/457.29375 452/457.89375 451/456.40625 451/456.73125 452/457.48125 452/457.98125 451/456.4125 451/456.7375 452/457.4875 452/457.9875 451/456.41875 451/456.74375 452/457.49375 452/457.99375 451/456.45625 451/456.75625 452.53125 (unpaired) 462/467.18125 451/456.4625 451/456.7625 452.5375 (unpaired) 462/467.1875 451/456.46875 451/456.76875 452.54375 (unpaired) 462/467.19375 451/456.48125 452/457.03125 452/457.63125 462/467.45625 451/456.4875 452/457.0375 452/457.6375 462/467.4625 451/456.49375 452/457.04375 452/457.64375 462/467.46875 451/456.50625 452/457.05625 452/457.65625 462/467.48125 451/456.5125 452/457.0625 452/457.6625 462/467.4875 451/456.51875 452/457.06875 452/457.66875 462/467.49375 451/456.55625 452/457.08125 452/457.68125 462/467.50625 451/456.5625 452/457.0875 452/457.6875 462/467.5125 451/456.56875 452/457.09375 452/457.69375 462/467.51875 ( c ) Group A2 Frequencies. The Industrial/Business Pool frequencies in Group A2 are available nationwide on a coordinated basis, pursuant §§ 90.35(b)(2) and 90.175(b) as follows: ( 1 ) Group A2 frequencies are available for voice and non-voice operations on a co-primary basis. Base, mobile or operational fixed stations will be authorized on Group A2 frequencies. Fixed stations may be licensed as mobile. ( 2 ) Low power operation will be authorized nationwide on Group A2 frequencies. ( i ) The maximum ERP for low power operation on these frequencies is as follows: Operation Low side of frequency pair High side of frequency pair (watts) Operational Fixed or Base 20 6 Mobile 6 6 Portable 2 2 ( ii ) The maximum antenna height for low power fixed stations will be 23 meters (75 feet) above ground. ( 3 ) The Industrial/Business Pool Group A2 Low Power Frequencies are as follows: 451/456.23125 451/456.53125 452/457.40625 452/457.85625 451/456.2375 451/456.5375 452/457.4125 452/457.8625 451/456.24375 451/456.54375 452/457.41875 452/457.86875 451/456.33125 451/456.63125 452/457.50625 451/456.3375 451/456.6375 452/457.5125 451/456.34375 451/456.64375 452/457.51875 451/456.43125 452/457.30625 452/457.75625 451/456.4375 452/457.3125 452/457.7625 451/456.44375 452/457.31875 452/457.76875 ( d ) Group B Frequencies. The Industrial/Business Pool frequencies in Group B are available nationwide on a coordinated basis, pursuant to §§ 90.35(b)(2) and 90.175(b) as follows: ( 1 ) Group B frequencies are available for non-voice operations on a primary basis. Voice operations will be permitted on a secondary basis. Base, mobile or operational fixed stations will be authorized on Group B frequencies. Fixed stations may be licensed as mobile. ( 2 ) Operation on these frequencies is limited to 6 watts ERP for base, mobile or operational fixed stations and 2 watts ERP for portable units. A maximum antenna height of 7 meters (20 ft) above ground is authorized for fixed stations. ( 3 ) The Industrial/Business Pool Group B Frequencies are as follows: 462/467.20625 462/467.28125 462/467.35625 462/467.43125 462/467.2125 462/467.2875 462/467.3625 462/467.4375 462/467.21875 462/467.29375 462/467.36875 462/467.44375 462/467.23125 462/467.30625 462/467.38125 462/467.2375 462/467.3125 462/467.3875 462/467.24375 462/467.31875 462/467.39375 462/467.25625 462/467.33125 462/467.40625 462/467.2625 462/467.3375 462/467.4125 462/467.26875 462/467.34375 462/467.41875 ( e ) Group C Frequencies. The Industrial/Business Pool frequencies in Group C are available nationwide for non-coordinated itinerant use as follows. ( 1 ) Group C frequencies are available for voice and non-voice operations on a co-primary basis. Only mobile operations will be authorized on Group C frequencies. Stations may operate at fixed locations for a temporary period of time. No stations operating at a permanent fixed location will be authorized on Group C frequencies. ( 2 ) Operation on these frequencies is limited to 6 watts effective radiated power for fixed or mobile units and 2 watts ERP for portable units. Stations operating at fixed locations for a temporary period of time will be limited to an antenna height of 7 meters (20 feet) above ground. ( 3 ) The Industrial/Business Pool Group C Low Power Frequencies are as follows: 461/466.03125 461/466.15625 461/466.28125 462.8125 461/466.0375 461/466.1625 461/466.2875 462.8375 (unpaired) 461/466.04375 461/466.16875 461/466.29375 462/467.8625 461/466.05625 461/466.18125 461/466.30625 462/467.8875 461/466.0625 461/466.1875 461/466.3125 462/467.9125 461/466.06875 461/466.19375 461/466.31875 464/469.48125 461/466.08125 461/466.20625 461/466.33125 464/469.4875 461/466.0875 461/466.2125 461/466.3375 464/469.5125 461/466.09375 461/466.21875 461/466.34375 464/469.51875 461/466.10625 461/466.23125 461/466.35625 464/469.53125 461/466.1125 461/466.2375 461/466.3625 464/469.5375 461/466.11875 461/466.24375 461/466.36875 464/469.5625 461/466.13125 461/466.25625 462.7625 (unpaired) 464/469.56875 461/466.1375 461/466.2625 462.7875 (unpaired) 461/466.14375 461/466.26875 462.8125 (unpaired) ( f ) Group D Frequencies. The Industrial/Business Pool frequencies in Group D are available on a coordinated basis, pursuant to §§ 90.35(b)(2) and 90.175(b) . Central station alarm signaling on these frequencies are co-primary with regard to co-channel or adjacent channel base, mobile or data operations. ( 1 ) Base, mobile or operational fixed stations will be authorized on Group D frequencies. Fixed stations may be licensed as mobile. ( 2 ) Unless concurrence is obtained in accordance with section 90.175(b) of this chapter from the Commission-certified frequency coordinator for frequencies designated for central station alarm operations, Group D frequencies subject to § 90.35(c)(63) are limited to central station alarm use within the urban areas described in § 90.35(c)(63) . Outside the urban areas described in § 90.35(c)(63) , Group D frequencies subject to § 90.35(c)(63) are available for general Industrial/Business use on a coordinated basis, pursuant to § 90.35(b)(2) and § 90.175(b) . ( 3 ) Unless concurrence is obtained in accordance with section 90.175(b) of this chapter from the Commission-certified frequency coordinator for frequencies designated for central station alarm operations, Group D frequencies subject to § 90.35(c)(66) are limited to central station alarm use nationwide. ( 4 ) Operation on Group D frequencies is limited to 2 watts output power for mobile, base or operational fixed stations. Fixed stations used for central station alarm operations may utilize antennas mounted not more than 7 meters (20 feet) above a man-made supporting structure, including antenna structure. ( 5 ) The Industrial/Business Pool Group D Low Power Frequencies are as follows: 460/465.90625 460/465.95625 461/466.00625 460/465.9125 460/465.9625 461/466.0125 460/466.91875 460/465.96875 461/466.01875 460/465.93125 460/465.98125 460/465.9375 460/465.9875 460/465.94375 460/465.99375 ( g ) Low Power Public Safety Frequencies. The frequencies in the Public Safety Pool Low Power Group are available nationwide on a coordinated basis, pursuant to §§ 90.20(c)(2) and 90.175(b) . ( 1 ) Base, mobile or operational fixed stations will be authorized on Public Safety Low Power frequencies. Fixed stations may be licensed as mobile. ( 2 ) Operation on these frequencies is limited to 6 watts effective radiated power for base, mobile or operational fixed stations and 2 watts ERP for portable units. A maximum antenna height of 7 meters (20 feet) above ground is authorized for fixed stations. ( 3 ) The Public Safety Pool Low Power Frequencies are as follows: 453/458.03125 453/458.13125 453/458.95625 460/465.53125 453/458.0375 453/458.1375 453/458.9625 460/465.5375 453/458.04375 453/458.14375 453/458.96875 460/465.54375 453/458.05625 453/458.88125 453/458.98125 460/465.55625 453/458.0625 453/458.8875 453/458.9875 460/465.5625 453/458.06875 453/458.89375 453/458.99375 460/465.56875 453/458.08125 453/458.90625 460/465.48125 453/458.0875 453/458.9125 460/465.4875 453/458.09375 453/458.91875 460/465.49375 453/458.10625 453/458.93125 460/465.50625 453/458.1125 453/458.9375 460/465.5125 453/458.11875 453/458.94375 460/465.51875 ( h ) Unless otherwise noted, the following conditions apply to all low power frequencies: ( 1 ) Except for itinerant operations on Group C, wide area operations will not be authorized. The area of normal day-to-day operations will be described in the application in terms of maximum distance from a geographic center (latitude and longitude). ( 2 ) A hospital or health care institution holding a license to operate a radio station under this part may operate a medical radio telemetry device with an output power not to exceed 20 milliwatts without specific authorization from the Commission. All licensees operating under this authority must comply with the requirements and limitations set forth in this section. ( 3 ) No limit shall be placed on the length or height above ground level of any commercially manufactured radiating transmission line when the transmission line is terminated in a non-radiating load and is routed at least 7 meters (20 feet) interior to the edge of any structure or is routed below ground level. ( 4 ) Sea-based stations may utilize antennas mounted not more than 7 meters (20 feet) above a man-made supporting structure, including antenna structures. ( 5 ) Continuous carrier operations are prohibited on these frequencies. ( 6 ) Unless specified elsewhere in this part, licensees as of August 5, 1999, licensed for operations with an emission designator wider than 11.25 kHz on low power frequencies that are subject to an authorized bandwidth of 11.25 kHz, may obtain primary status with respect to co-channel licensees by supplying their coordinates to the Commission. These licensees will continue to operate on a secondary basis with respect to adjacent channel licensees. Additionally, these licensees may continue to operate with an authorized bandwidth wider than 11.25 kHz on such low power frequencies, subject to the provisions of § 90.209(b) of this chapter . ( 7 ) Unless specified elsewhere in this part, licensees as of August 5, 1999, licensed for operations with an emission designator wider than 11.25 kHz on frequencies that are subject to an authorized bandwidth of 11.25 kHz, which are not low power frequencies, may obtain primary status with respect to co-channel licensees by modifying their license to low power frequencies, supplying their coordinates to the Commission, and otherwise complying with the conditions of paragraphs (b) through (g) of this section. These licensees will continue to operate on a secondary basis with respect to adjacent channel licensees. Additionally, these licensees may continue to operate with an authorized bandwidth wider than 11.25 kHz on such low power frequencies, subject to the provisions of § 90.209(b) of this chapter . ( 8 ) Applicants proposing to operate with an authorized bandwidth wider than 11.25 kHz, on low power frequencies that are subject to an authorized bandwidth of 11.25 kHz, may be licensed on a secondary, non-interference basis. Such applicants are subject to the conditions of paragraphs (b) through (g) of this section and the provisions of § 90.209(b) of this chapter . [ 68 FR 19461 , Apr. 21, 2003; 68 FR 55319 , Sept. 25, 2003, as amended at 69 FR 4254 , Jan. 29, 2004; 75 FR 19284 , Apr. 14, 2010; 83 FR 61097 , Nov. 27, 2018] § 90.269 Use of frequencies for self-powered vehicle detectors. ( a ) Frequencies subject to § 90.20(d)(22) may be used for the operation of self-powered vehicle detectors by licensees of base/mobile stations in the Public Safety Pool in accordance with the following conditions: ( 1 ) All stations are limited to 100 milliwatts carrier power and 20K00F7W, 20K00F7X, 20K00F8W, 20K00F8X, 20K00F9W or 20K00F9X emissions. The frequency deviation shall not exceed 5 kHz. No more than two 30 ms. pulses may be emitted for each vehicle sensed. ( 2 ) The transmitters must be crystal controlled with a frequency tolerance of plus or minus .005% from −20° to plus 50 °C. They must be certificated. ( 3 ) The total length of the transmission line plus antenna may not exceed one-half wavelength and must be integral with the unit. ( 4 ) All operation shall be on a secondary, non-interference basis. ( b ) [Reserved] [ 48 FR 54982 , Dec. 8, 1983, as amended at 54 FR 38681 , Sept. 20, 1989; 62 FR 18929 , Apr. 17, 1997; 63 FR 36610 , July 7, 1998] § 90.273 Availability and use of frequencies in the 421-430 MHz band. The frequency bands 422.1875-425.4875 MHz and 427.1875-429.9875 MHz are available for use in the Detroit, Michigan and Cleveland, Ohio areas. The bands 423.8125-425.4875 MHz and 428.8125-429.9875 MHz are available for use in the Buffalo, New York area. Sections 90.273 through 90.281 address the specific rules applicable to these bands. Use of these bands is also subject to the general technical standards and application procedures contained in other subparts of part 90. The technical standards applicable in this band are the same as those contained in subpart I of part 90 for the 450-470 MHz band. Private land mobile use of these frequencies is subject to accepting any interference from Federal Government radiolocation operations. ( a ) The following tables list frequencies available for assignment in the Public Safety and Industrial/Business Pools as indicated. In the tables, the Public Safety Pool frequencies are denoted as “PS” and the Industrial/Business Pool frequencies are denoted as “IB.” The frequencies 422.19375 MHz through 424.99375 MHz are paired with frequencies 427.19375 MHz through 429.99375 MHz, respectively. Only the lower half of each frequency pair, available for base station operation, is listed in the tables. Corresponding mobile and control station frequencies are 5 MHz higher than the base station frequency. The frequencies 425.000 through 425.48125 are unpaired and are available for either single frequency dispatch or paging operations. Table 1—Channels Available in Detroit and Cleveland Areas Only Frequency (MHz) Pool in which assigned Paired channels: 422.19375 * IB 422.200 IB 422.20625 * IB 422.21250 IB 422.21875 * IB 422.225 IB 422.23125 * IB 422.23750 IB 422.24375 * IB 422.250 IB 422.25625 * IB 422.26250 IB 422.26875 * IB 422.275 IB 422.28125 * IB 422.28750 IB 422.29375 * IB 422.300 IB 422.30625 * IB 422.31250 IB 422.31875 * IB 422.325 IB 422.33125 * IB 422.33750 IB 422.34375 * IB 422.350 IB 422.35625 * IB 422.36250 IB 422.36875 * IB 422.375 IB 422.38125 * IB 422.38750 IB 422.39375 * IB 422.400 IB 422.40625 * IB 422.41250 IB 422.41875 * IB 422.425 IB 422.43125 * IB 422.43750 IB 422.44375 * IB 422.450 IB 422.45625 * IB 422.46250 IB 422.46875 * IB 422.475 IB 422.48125 * IB 422.48750 IB 422.49375 * IB 422.500 IB 422.50625 * IB 422.51250 IB 422.51875 * IB 422.525 IB 422.53125 * IB 422.53750 IB 422.54375 * IB 422.550 IB 422.55625 * IB 422.56250 IB 422.56875 * IB 422.575 IB 422.58125 * IB 422.58750 IB 422.59375 * IB 422.600 IB 422.60625 * IB 422.61250 IB 422.61875 * IB 422.625 IB 422.63125 * IB 422.63750 IB 422.64375 * IB 422.650 IB 422.65625 * IB 422.66250 IB 422.66875 * IB 422.675 IB 422.68125 * IB 422.68750 IB 422.69375 * IB 422.700 IB 422.70625 * IB 422.71250 IB 422.71875 * IB 422.725 IB 422.73125 * IB 422.73750 IB 422.74375 * IB 422.750 IB 422.75625 * IB 422.76250 IB 422.76875 * IB 422.775 IB 422.78125 * IB 422.78750 IB 422.79375 * IB 422.800 IB 422.80625 * IB 422.81250 IB 422.81875 * IB 422.825 IB 422.83125 * IB 422.83750 IB 422.84375 * IB 422.850 IB 422.85625 * IB 422.86250 IB 422.86875 * IB 422.875 IB 422.88125 * IB 422.88750 IB 422.89375 * IB 422.900 IB 422.90625 * IB 422.91250 IB 422.91875 * IB 422.925 IB 422.93125 * IB 422.93750 IB 422.94375 * IB 422.950 IB 422.95625 * IB 422.96250 IB 422.96875 * IB 422.975 IB 422.98125 * IB 422.98750 IB 422.99375 * IB 423.000 PS 423.00625 * PS 423.01250 PS 423.01875 * PS 423.025 PS 423.03125 * PS 423.03750 PS 423.04375 * PS 423.050 PS 423.05625 * PS 423.06250 PS 423.06875 * PS 423.075 PS 423.08125 * PS 423.08750 PS 423.09375 * PS 423.100 PS 423.10625 * PS 423.11250 PS 423.11875 * PS 423.125 PS 423.13125 * PS 423.13750 PS 423.14375 * PS 423.150 PS 423.15625 * PS 423.16250 PS 423.16875 * PS 423.175 PS 423.18125 * PS 423.18750 PS 423.19375 * PS 423.200 PS 423.20625 * PS 423.21250 PS 423.21875 * PS 423.225 PS 423.23125 * PS 423.23750 PS 423.24375 * PS 423.250 PS 423.25625 * PS 423.26250 PS 423.26875 * PS 423.275 PS 423.28125 * PS 423.28750 PS 423.29375 * PS 423.300 PS 423.30625 * PS 423.31250 PS 423.31875 * PS 423.325 PS 423.33125 * PS 423.33750 PS 423.34375 * PS 423.350 PS 423.35625 * PS 423.36250 PS 423.36875 * PS 423.375 PS 423.38125 * PS 423.38750 PS 423.39375 * PS 423.400 PS 423.40625 * PS 423.41250 PS 423.41875 * PS 423.425 PS 423.43125 * PS 423.43750 PS 423.44375 * PS 423.450 PS 423.45625 * PS 423.46250 PS 423.46875 * PS 423.475 PS 423.48125 * PS 423.48750 PS 423.49375 * PS 423.500 PS 423.50625 * PS 423.51250 PS 423.51875 * PS 423.525 PS 423.53125 * PS 423.53750 PS 423.54375 * PS 423.550 PS 423.55625 * PS 423.56250 PS 423.56875 * PS 423.575 PS 423.58125 * PS 423.58750 PS 423.59375 * PS 423.600 PS 423.60625 * PS 423.61250 PS 423.61875 * PS 423.625 PS 423.63125 * PS 423.63750 PS 423.64375 * PS 423.650 PS 423.65625 * PS 423.66250 PS 423.66875 * PS 423.675 PS 423.68125 * PS 423.68750 PS 423.69375 * PS 423.700 PS 423.70625 * PS 423.71250 PS 423.71875 * PS 423.725 PS 423.73125 * PS 423.73750 PS 423.74375 * PS 423.750 PS 423.75625 * PS 423.76250 PS 423.76875 * PS 423.775 PS 423.78125 * PS 423.78750 PS 423.79375 * PS 423.800 PS 423.80625 * PS * This frequency will be assigned with an authorized bandwidth not to exceed 6 kHz. Table 2—Channels Available in Buffalo, Detroit and Cleveland Areas Frequency (MHz) Pool in which assigned Paired channels: 423.81875 * PS 423.825 PS 423.83125 * PS 423.83750 PS 423.84375 * PS 423.850 PS 423.85625 * PS 423.86250 PS 423.86875 * PS 423.875 PS 423.88125 * PS 423.88750 PS 423.89375 * PS 423.900 PS 423.90625 * PS 423.91250 PS 423.91875 * PS 423.925 PS 423.93125 * PS 423.93750 PS 423.94375 * PS 423.950 PS 423.95625 * PS 423.96250 PS 423.96875 * PS 423.975 PS 423.98125 * PS 423.98750 PS 423.99375 * PS 424.000 PS 424.00625 * PS 424.01250 PS 424.01875 * PS 424.025 PS 424.03125 * PS 424.03750 PS 424.04375 * PS 424.050 PS 424.05625 * PS 424.06250 PS 424.06875 * PS 424.075 PS 424.08125 * PS 424.08750 PS 424.09375 * PS 424.100 PS 424.10625 * PS 424.11250 PS 424.11875 * PS 424.125 PS 424.13125 * PS 424.13750 PS 424.14375 * PS 424.150 PS 424.15625 * PS 424.16250 PS 424.16875 * PS 424.175 PS 424.18125 * PS 424.18750 PS 424.19375 * PS 424.200 PS 424.20625 * PS 424.21250 PS 424.21875 * PS 424.225 PS 424.23125 * PS 424.23750 PS 424.24375 * PS 424.250 PS 424.25625 * PS 424.26250 PS 424.26875 * PS 424.275 PS 424.28125 * PS 424.28750 PS 424.29375 * PS 424.300 PS 424.30625 * PS 424.31250 PS 424.31875 * PS 424.325 PS 424.33125 * PS 424.33750 PS 424.34375 * PS 424.350 PS 424.35625 * PS 424.36250 PS 424.36875 * PS 424.375 PS 424.38125 * PS 424.38750 PS 424.39375 * PS 424.400 IB 424.40625 * IB 424.41250 IB 424.41875 * IB 424.425 IB 424.43125 * IB 424.43750 IB 424.44375 * IB 424.450 IB 424.45625 * IB 424.46250 IB 424.46875 * IB 424.475 IB 424.48125 * IB 424.48750 IB 424.49375 * IB 424.500 IB 424.50625 * IB 424.51250 IB 424.51875 * IB 424.525 IB 424.53125 * IB 424.53750 IB 424.54375 * IB 424.550 IB 424.55625 * IB 424.56250 IB 424.56875 * IB 424.575 IB 424.58125 * IB 424.58750 IB 424.59375 * IB 424.600 IB 424.60625 * IB 424.61250 IB 424.61875 * IB 424.625 IB 424.63125 * IB 424.63750 IB 424.64375 * IB 424.650 IB 424.65625 * IB 424.66250 IB 424.66875 * IB 424.675 IB 424.68125 * IB 424.68750 IB 424.69375 * IB 424.700 IB 424.70625 * IB 424.71250 IB 424.71875 * IB 424.725 IB 424.73125 * IB 424.73750 IB 424.74375 * IB 424.750 IB 424.75625 * IB 424.76250 IB 424.76875 * IB 424.775 IB 424.78125 * IB 424.78750 IB 424.79375 * IB 424.800 IB 424.80625 * IB 424.81250 IB 424.81875 * IB 424.825 IB 424.83125 * IB 424.83750 IB 424.84375 * IB 424.850 IB 424.85625 * IB 424.86250 IB 424.86875 * IB 424.875 IB 424.88125 * IB 424.88750 IB 424.89375 * IB 424.900 IB 424.90625 * IB 424.91250 IB 424.91875 * IB 424.925 IB 424.93125 * IB 424.93750 IB 424.94375 * IB 424.950 IB 424.95625 * IB 424.96250 IB 424.96875 * IB 424.975 IB 424.98125 * IB 424.98750 IB 424.99375 * IB Single channels: 425.000 IB 425.00625 * IB 425.01250 IB 425.01875 * IB 425.025 IB 425.03125 * IB 425.03750 IB 425.04375 * IB 425.050 IB 425.05625 * IB 425.06250 IB 425.06875 * IB 425.075 IB 425.08125 * IB 425.08750 IB 425.09375 * IB 425.100 IB 425.10625 * IB 425.11250 IB 425.11875 * IB 425.125 IB 425.13125 * IB 425.13750 IB 425.14375 * IB 425.150 IB 425.15625 * IB 425.16250 IB 425.16875 * IB 425.175 IB 425.18125 * IB 425.18750 IB 425.19375 * IB 425.200 IB 425.20625 * IB 425.21250 IB 425.21875 * IB 425.225 IB 425.23125 * IB 425.23750 IB 425.24375 * IB 425.250 PS 425.25625 * PS 425.26250 PS 425.26875 * PS 425.275 PS 425.28125 * PS 425.28750 PS 425.29375 * PS 425.300 PS 425.30625 * PS 425.31250 PS 425.31875 * PS 425.325 PS 425.33125 * PS 425.33750 PS 425.34375 * PS 425.350 PS 425.35625 * PS 425.36250 PS 425.36875 * PS 425.375 PS 425.38125 * PS 425.38750 PS 425.39375 * PS 425.400 PS 425.40625 * PS 425.41250 PS 425.41875 * PS 425.425 PS 425.43125 * PS 425.43750 PS 425.44375 * PS 425.450 PS 425.45625 * PS 425.46250 PS 425.46875 * PS 425.475 PS 425.48125 * PS * This frequency will be assigned with an authorized bandwidth not to exceed 6 kHz. ( b ) [Reserved] ( c ) Base or control stations shall be located within 48 km (30 miles) of the center of Buffalo or 80 km (50 miles) of the center of Detroit. In Cleveland, base or control stations will be allowed at locations north of line A that are within 48 km (30 miles) of the city center. In addition, low power (2 watts or less) base stations may locate within 80 km (50 miles) of the center of Buffalo. The following coordinates shall be used for the centers of these areas (coordinates are referenced to North American Datum 1983 (NAD83)): Buffalo, NY 42°52′52.2″ North latitude. 78°52′20.1″ West longitude. Cleveland, OH 41°29′51.2″ North latitude. 81°41′49.5″ West longitude. Detroit, MI 42°19′48.1″ North latitude. 83°02′56.7″ West longitude. ( d ) Mobile operation shall be confined to within 80 km (50 miles) of the centers of Detroit, Cleveland, or Buffalo. [ 52 FR 6156 , Mar. 2, 1987, as amended at 54 FR 38681 , Sept. 20, 1989; 58 FR 31476 , June 3, 1993; 58 FR 44957 , Aug. 25, 1993; 60 FR 37269 , July 19, 1995; 61 FR 6576 , Feb. 21, 1996; 62 FR 18929 , Apr. 17, 1997; 63 FR 68965 , Dec. 14, 1998] § 90.275 Selection and assignment of frequencies in the 421-430 MHz band. Applicants must specify the frequencies in which the proposed system will operate pursuant to a recommendation by a frequency coordinator certified for the pool in which the requested frequency is assigned. [ 62 FR 18932 , Apr. 17, 1997] § 90.279 Power limitations applicable to the 421-430 MHz band. ( a ) Base station authorizations in the 421-430 MHz band will be subject to Effective Radiated Power (ERP) and Effective Antenna Height (EAH) limitations as shown in the table below. ERP is defined as the product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction. EAH is calculated by subtracting the Assumed Average Terrain Elevation (AATE) as listed in table 7 of § 90.619 from the antenna height above mean sea level. Limits of Effective Radiated Power (ERP) Corresponding to Effective Antenna Heights (EAH) of Base Stations in the 421-430 MHz Band Effective antenna height (EAH) in meters (feet) Maximum effective radiated power (ERP) (watts) 0-152 (0-500) 250 Above 152-305 (above 500-1000) 150 Above 305-457 (above 1000-1500) 75 Above 457-610 (above 1500-2000) 40 Above 610-762 (above 2000-2500) 20 Above 762-914 (above 2500-3000) 15 Above 914-1219 (above 3000-4000) 10 Above 1219 (above 4000) 5 ( b ) The maximum transmitter power output that will be authorized for control stations is 20 watts. [ 52 FR 6157 , Mar. 2, 1987, as amended at 58 FR 44957 , Aug. 25, 1993] § 90.281 Restrictions on operational fixed stations in the 421-430 MHz band. ( a ) Except for control stations, operational fixed facilities will not be authorized in the 421-430 MHz band. This does not preclude secondary fixed tone signaling and alarm operations authorized in § 90.235 . ( b ) Control stations associated with one or more mobile relay stations will be authorized only on the assigned frequency of the associated mobile station. Use of a mobile service frequency by a control station of a mobile relay system is subject to the condition that harmful interference shall not be caused to stations of licensees authorized to use the frequency for mobile service communications. [ 52 FR 6158 , Mar. 2, 1987, as amended at 54 FR 38681 , Sept. 20, 1989] § 90.283 [Reserved] Subpart L—Authorization in the Band 470-512 MHz (UHF-TV Sharing) § 90.301 Scope. This subpart governs the authorization and use of frequencies by land mobile stations in the band 470-512 MHz on a geographically shared basis with Television Broadcast stations. Under this special sharing plan, different frequencies are allocated depending on the geographic urban area involved as fully detailed in the following rule sections. [ 43 FR 54791 , Nov. 22, 1978, as amended at 62 FR 18932 , Apr. 17, 1997] § 90.303 Availability of frequencies. ( a ) Frequencies in the band 470-512 MHz are available for assignment as described below. Note: coordinates are referenced to the North American Datum 1983 (NAD83). ( b ) The following table lists frequency bands that are available for assignment in specific urban areas. The available frequencies are listed in § 90.311 of this part . Urbanized area Geographic center Bands (MHz) TV channels North latitude West longitude Boston, MA 42°21′24.4″ 71°03′23.2″ 470-476, 482-488 14, 16 Chicago, IL 1 41°52′28.1″ 87°38′22.2″ 470-476, 476-482 14, 15 Cleveland, OH 2 41°29′51.2″ 81°49′49.5″ 470-476, 476-482 14, 15 Dallas/Fort Worth, TX 32°47′09.5″ 96°47′38.0″ 482-488 16 Detroit, MI 3 42°19′48.1″ 83°02′56.7″ 476-482, 482-488 15, 16 Houston, TX 29°45′26.8″ 95°21′37.8″ 488-494 17 Los Angeles, CA 4 34°03′15.0″ 118°14′31.3″ 470-476, 482-488, 506-512 14, 16, 20 Miami, FL 25°46′38.4″ 80°11′31.2″ 470-476 14 New York, NY/NE NJ 40°45′06.4″ 73°59′37.5″ 470-476, 476-482, 482-488 14, 15, 16 Philadelphia, PA 39°56′58.4″ 75°09′19.6″ 500-506, 506-512 19, 20 Pittsburgh, PA 40°26′19.2″ 79°59′59.2″ 470-476, 494-500 14, 18 San Francisco/Oakland, CA 37°46′38.7″ 122°24′43.9″ 482-488, 488-494 16, 17 Washington, DC/MD/VA 38°53′51.4″ 77°00′31.9″ 488-494, 494-500 17, 18 1 In the Chicago, IL, urbanized area, channel 15 frequencies may be used for paging operations in addition to low power base/mobile usages, where applicable protection requirements for ultrahigh frequency television stations are met. 2 Channels 14 and 15 are not available in Cleveland, OH, until further order from the Commission. 3 Channels 15 and 16 are not available in Detroit, MI, until further order from the Commission. 4 Channel 16 is available in Los Angeles, CA, for use by eligibles in the Public Safety Radio Pool. ( c ) The band 482-488 MHz (TV Channel 16) is available for use by eligibles in the Public Safety Radio Pool in the following areas: New York City; Nassau, Suffolk, and Westchester counties in New York State; and Bergen County, New Jersey. All part 90 rules shall apply to said operations, except that: ( 1 ) Location of stations. Base stations shall be located in the areas specified in this paragraph (c) . Mobile stations may operate throughout the areas specified in this paragraph (c) and may additionally operate in areas not specified in this paragraph (c) provided that the distance from the Empire State Building (40° 44′ 54.4″ N, 73° 59′ 8.4″ W) does not exceed 48 kilometers (30 miles). ( 2 ) Protection criteria. In order to provide co-channel television protection, the following height and power restrictions are required: ( i ) Except as specified in paragraph (c)(2)(ii) of this section, base stations shall be limited to a maximum effective radiated power (ERP) of 225 watts at an antenna height of 152.5 meters (500 feet) above average terrain (AAT). Adjustment of the permitted power will be allowed provided it is in accordance with the “169 kilometer Distance Separation” entries specified in Table B in 47 CFR 90.309(a) or the “LM/TV Separation 110 miles (177 km)” curve in Figure B in 47 CFR 90.309(b) . ( ii ) For base stations located west of the Hudson River, Kill Van Kull, and Arthur Kill, the maximum ERP and antenna height shall be limited to the entries specified in Table B in 47 CFR 90.309(a) or in Figure B in 47 CFR 90.309(b) for the actual separation distance between the base station and the transmitter site of WNEP-TV in Scranton, PA (41° 10′ 58.0″ N, 75° 52′ 20.0″ W). ( iii ) Mobile stations shall be limited to 100 watts ERP in areas of operation extending eastward from the Hudson River and to 10 watts ERP in areas of operation extending westward from the Hudson River. [ 69 FR 31907 , June 8, 2004, as amended 72 FR 35196 , June 27, 2007] § 90.305 Location of stations. ( a ) The transmitter site(s) for base station(s), including mobile relay stations, shall be located not more than 80 km. (50 mi.) from the geographic center of the urbanized area listed in § 90.303 . ( b ) Mobile units shall be operated within 48 km. (30 mi.) of their associated base station or stations. Such units may not be operated aboard aircraft in flight except as provided for in § 90.315(i) . ( c ) Control stations must be located within the area of operation of the mobile units. ( d ) Base and control stations shall be located a minimum of 1.6 km. (1 mi.) from local television stations operating on UHF TV channels separated by 2, 3, 4, 5, 7, and 8 TV channels from the television channel in which the base station will operate. § 90.307 Protection criteria. The tables and figures listed in § 90.309 shall be used to determine the effective radiated power (ERP) and antenna height of the proposed land mobile base station and the ERP for the associated control station (control station antenna height shall not exceed 31 meters (100 feet) above average terrain (AAT)). ( a ) Base stations operating on the frequencies available for land mobile use in any urbanized area and having an antenna height (AAT) less than 152 meters (500 feet) shall afford protection to co-channel and adjacent channel television stations in accordance with the values set out in tables A and E of § 90.309 , except for channel 15 in New York, NY, and Cleveland, OH, and channel 16 in Detroit, MI, where protection will be in accordance with the values set forth in tables B and E in 47 CFR 90.309 . ( b ) For base stations having antenna heights between 152 and 914 meters (500-3000 feet) above average terrain, the effective radiated power must be reduced below 1 kilowatt in accordance with the values shown in the power reduction graph in Figure A in § 90.309 , except for channel 15 in New York, NY, and Cleveland, OH, and channel 16 in Detroit, MI, where the effective radiated power must be reduced in accordance with Figure B in § 90.309 . For heights of more than 152 meters (500 feet) above average terrain, the distance to the radio path horizon will be calculated assuming smooth earth. If the distance so determined equals or exceeds the distance to the Grade B contour of a co-channel TV station (Grade B contour defined in § 73.683(a) of this chapter ), an authorization will not be granted unless it can be shown that actual terrain considerations are such as to provide the desired protection at the Grade B contour, or that the effective radiated power will be further reduced so that, assuming free space attenuation, the desired protection at the Grade B contour will be achieved. ( c ) Mobile units and control stations operating on the frequencies available for land mobile use in any given urbanized area shall afford protection to co-channel and adjacent channel television stations in accordance with the values set forth in table C in § 90.309 and paragraph (d) of this section except for channel 15 in New York, NY, and Cleveland, OH, and channel 16 in Detroit, MI, where protection will be in accordance with the values set forth in table D in § 90.309 and paragraph (d) of this section. ( d ) The minimum distance between a land mobile base station which has associated mobile units and a protected adjacent channel television station is 145 km (90 miles). ( e ) The television stations to be protected (co-channel, adjacent channel, IM, and IF) in any given urbanized area, in accordance with the provisions of paragraphs (a) , (b) , (c) , and (d) of this section, are identified in the Commission's publication “TV stations to be considered in the preparation of Applications for Land Mobile Facilities in the Band 470-512 MHz.” The publication is available at the offices of the Federal Communications Commission in Washington, DC or upon the request of interested persons. [ 72 FR 35197 , June 27, 2007] § 90.309 Tables and figures. ( a ) Directions for using the tables. ( 1 ) Using the method specified in § 1.958 of this chapter , determine the distances between the proposed land mobile base station and the protected co-channel television station and between the proposed land mobile base station and the protected adjacent channel television station. If the exact mileage does not appear in table A for protected co-channel television stations (or table B for channel 15 in New York and Cleveland and channel 16 in Detroit) or table E for protected adjacent channel television stations, the next lower mileage separation figure is to be used. ( 2 ) Entering the proper table at the mileage figure found in paragraph (a)(1) of this section, find opposite, a selection of powers that may be used for antenna heights ranging from 15 m (50 ft) to 152.5 m (500 ft) (AAT). If the exact antenna height proposed for the land mobile base station does not appear in the proper table, use the power figure beneath the next greater antenna height. ( 3 ) The lowest power found using the tables mentioned in paragraphs (a)(1) and (a)(2) of this section is the maximum power that may be employed by the proposed land mobile base station. ( 4 ) In determining the average elevation of the terrain, the elevations between 3.2 kilometers (2 miles) and 16 kilometers (10 miles) from the antenna site are employed. Profile graphs shall be drawn for a minimum of eight radials beginning at the antenna site and extending 16 kilometers (10 miles). The radials should be drawn starting with true north. At least one radial should be constructed in the direction of the nearest co-channel and adjacent channel UHF television stations. The profile graph for each radial shall be plotted by contour intervals of from 12.2 meters (40 feet) to 30.5 meters (100 feet) and, where the data permits, at least 50 points of elevation (generally uniformly spaced) should be used for each radial. For very rugged terrain, 61 meters (200 feet) to 122 meters (400 foot) contour intervals may be used. Where the terrain is uniform or gently sloping, the smallest contour interval indicated on the topographic chart may be used. The average elevation of the 12.8 kilometer (8 mile) distance between 3.2 kilometers (2 miles) and 16 kilometers (10 miles) from the antenna site should be determined from the profile graph for each radial. This may be obtained by averaging a large number of equally spaced points, by using a planimeter, or by obtaining the median elevation (that exceeded by 50 percent of the distance) in sectors and averaging those values. In the preparation of the profile graphs, the elevation or contour intervals may be taken from U.S. Geological Survey Topographic Maps, U.S. Army Corps of Engineers Maps, or Tennessee Valley Authority Maps. Maps with a scale of 1:250,000 or larger (such as 1:24,000) shall be used. Digital Terrain Data Tapes, provided by the National Cartographic Institute, U.S. Geologic Survey, may be utilized in lieu of maps, but the number of data points must be equal to or exceed that specified above. If such maps are not published for the area in question, the next best topographic information should be used. ( 5 ) Applicants for base stations in the Miami, FL, urbanized area may, in lieu of calculating the height of average terrain, use 3 m (10 ft) as the average terrain height. Table A—Base Station—Cochannel Frequencies (50 dB Protection) Maximum Effective Radiated Power (ERP) 1 Distance in kilometers (miles): 2 Antenna height in meters (feet) (AAT) 15 (50) 30.5 (100) 45 (150) 61 (200) 76 (250) 91.5 (300) 106 (350) 122 (400) 137 (450) 152.5 (500) 260 (162) 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 257 (160) 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 800 249 (155) 1,000 1,000 1,000 1,000 1,000 875 775 700 625 575 241 (150) 1,000 1,000 950 775 725 625 550 500 450 400 233 (145) 850 750 650 575 500 440 400 350 320 300 225 (140) 600 575 475 400 350 300 275 250 230 225 217 (135) 450 400 335 300 255 240 200 185 165 150 209 (130) 350 300 245 200 185 160 145 125 120 100 201 (125) 225 200 170 150 125 110 100 90 80 75 193 (120) 175 150 125 105 90 80 70 60 55 50 1 The effective radiated power (ERP) and antenna height above average terrain (AAT) shall not exceed the values given in this table. 2 At this distance from transmitter site of protected UHF television station. Table B—Base Station—Cochannel Frequencies (40 d B Protection) Maximum Effective Radiated Power (ERP) 1 Distance in kilometers (miles): 2 Antenna height in meters (feet) (AAT) 15 (50) 30.5 (100) 45 (150) 61 (200) 76 (250) 91.5 (300) 106 (350) 122 (400) 137 (450) 152.5 (500) 209 (130) 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 201 (125) 1,000 1,000 1,000 1,000 1,000 1,000 1,000 850 750 725 193 (120) 1,000 1,000 1,000 1,000 900 750 675 600 550 500 185 (115) 1,100 1,000 800 725 600 525 475 425 375 350 177 (110) 850 700 600 500 425 375 325 300 275 225 169 (105) 600 475 400 325 275 250 225 200 175 150 161 (100) 400 325 275 225 175 150 140 125 110 100 153 (95) 275 225 175 125 110 95 80 70 60 50 145 (90) 175 125 100 75 50 1 The effective radiated power (ERP) and antenna height above average terrain shall not exceed the values given in this table. 2 At this distance from the transmitter site of protected UHF television station. Table C—Mobile and Control Station—Distance Between Associated Base Station and Protected Cochannel TV Station [50 dB protection] Effective radiated power (watts) of mobile unit and control station Distance Kilometers Miles 200 249 155 150 243 151 100 233 145 50 217 135 25 201 125 10 188 117 5 180 112 Table D—Mobile and Control Station—Distance Between Associated Land Mobile Base Station and Protected Cochannel TV Station [40 dB protection] Effective radiated power (watts) of mobile unit and control station Distance Kilometers Miles 200 209 130 150 201 125 100 193 120 50 185 115 25 177 110 10 169 105 5 161 100 Table E—Base Station Adjacent Channel Frequencies Maximum Effective Radiated Power (ERP) 1 Distance in kilometers (miles): 2 3 Antenna height in meters (feet) (AAT) 15 (50) 30.5 (100) 45 (150) 61 (200) 76 (250) 91.5 (300) 106 (350) 122 (400) 137 (450) 152.5 (500) 108 (67) 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 106 (66) 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 750 104 (65) 1,000 1,000 1,000 1,000 1,000 1,000 1,000 825 650 600 103 (64) 1,000 1,000 1,000 1,000 1,000 1,000 775 625 500 400 101 (63) 1,000 1,000 1,000 1,000 1,000 650 450 325 325 225 99 (62) 1,000 1,000 1,000 1,000 525 375 250 200 150 125 98 (61) 1,000 1,000 700 450 250 200 125 100 75 50 96 (60) 1,000 1,000 425 225 125 100 75 50 1 The effective radiated power (ERP) and antenna height above average terrain (AAT) shall not exceed the values given in this table. 2 At this distance from transmitter site of protected UHF television station. 3 The minimum distance is 145 km (90 miles) where there are mobile units associated with the base station. See sec. 90.307(d). Table “F”—Decibel Reduction/Power Equivalents dB reduction below 1 kW ERP permitted (figures rounded) 1 795 2 630 3 500 4 400 5 315 6 250 7 200 8 160 9 125 10 100 11 80 12 65 13 50 14 40 15 30 16 25 17 20 18 15 19 12 20 10 21 8 22 6 23 5 24 4 25 3 26 2.5 27 2 28 1.5 29 1.25 30 1 ( b ) Directions for Using the Figures. ( 1 ) Determine antenna height above average terrain. (According to § 90.309(a)(4) .) ( 2 ) Locate this value on the antenna height axis. ( 3 ) Determine the separation between the LM antenna site and the nearest protected co-channel TV station. (According to § 73.611 .) ( 4 ) Draw a vertical line to intersect the LM/TV separation curve at the distance determined in step 3 above. For distances not shown in the graph use linear interpolation. ( 5 ) From the intersection of the LM/TV separation curve draw a horizontal line to the power reduction scale. ( 6 ) The power reduction in dB determines the reduction below 1 kW that must be achieved. ( 7 ) See table F for dB/power equivalents. ( Section 0.231(d) of the Commission's Rules and secs. 4(i) and 303 of the Communications Act, as amended) [ 43 FR 54791 , Nov. 22, 1978, as amended at 49 FR 36107 , Sept. 14, 1984; 49 FR 49837 , Dec. 17, 1984; 58 FR 44958 , Aug. 25, 1993; 70 FR 19312 , Apr. 13, 2005; 72 FR 35197 , June 27, 2007] § 90.311 Frequencies. ( a ) Except as provided for in § 90.315 and except for those frequencies allocated to services in part 22 of this chapter (see §§ 22.591 , 22.621 , 22.651 , and 22.1007 of this chapter ) the following frequencies in the band 470-512 MHz may be assigned as indicated in the table below. The first and last assignable frequencies are shown. Assignable frequencies occur in increments of 6.25 kHz. The separation between base and mobile transmit frequencies is 3 MHz for two frequency operation. Channel Assignment Urbanized Area General access pool Base and mobile Mobile 14 Boston, MA Chicago, IL Cleveland, OH Miami, FL New York/N.E. NJ Pittsburgh, PA 470.30625 to 472.99375 473.30625 to 475.99375 Los Angeles, CA 470.05625 to 472.99375 473.05625 to 475.99375 15 Chicago, IL Cleveland, OH Detroit, MI New York/N.E. NJ 476.30625 to 478.99375 479.30625 to 481.99375 16 Boston, MA Dallas/Fort Worth, TX Detroit, MI San Francisco/Oakland, CA 482.30625 to 484.99375 485.30625 to 487.99375 Los Angeles, CA (Use is restricted to Public Safety Pool eligibles) 482.00625 to 484.99375 485.00625 to 487.99375 17 Houston, TX San Francisco/Oakland, CA Washington, DC/MD/VA 488.30625 to 490.99375 491.30625 to 493.99375 18 Pittsburgh, PA Washington, DC/MD/VA 494.30625 to 496.99375 497.30625 to 499.99375 19 Philadelphia, PA 500.30625 to 502.99375 503.30625 to 505.99375 20 Los Angeles, CA 506.13125 to 508.99375 509.13125 to 511.99375 Philadelphia, PA 506.30625 to 508.99375 509.30625 to 511.99375 ( 1 ) Channel availability in the General Access Pool in any of the urbanized areas referred to in the table depends on whether that channel is presently assigned to one of the following categories of users: ( i ) Public safety (as defined in § 90.20(a) ); ( ii ) Power and telephone maintenance licensees (as defined in § 90.7 ); ( iii ) Special industrial licensees (as defined in § 90.7 ); ( iv ) Business licensees (as defined in § 90.35(a) ); ( v ) Petroleum, forest products, and manufacturers licensees (as defined in § 90.7 ); ( vi ) Railroad, motor carrier, and automobile emergency licensees (as defined in § 90.7 ); and ( vii ) Taxicab licensees (as defined in § 90.7 ). ( 2 ) If assigned, subsequent authorizations will only be granted to users from the same category. If unassigned, or should a channel subsequently become unassigned, it will be treated as available in the General Access Pool. ( 3 ) Normally, each channel should be substantially loaded in accordance with the standards set out in § 90.313 . ( 4 ) The following frequencies will be authorized a maximum bandwidth of 6 kHz. Channel Frequency 14 470.30625 475.99375 15 476.30625 481.99375 16 482.30625 487.99375 17 488.30625 493.99375 18 494.30625 499.99375 19 500.30625 505.99375 20 506.30625 511.99375 ( b ) [Reserved] [ 43 FR 54791 , Nov. 22, 1978, as amended at 44 FR 49692 , Aug. 24, 1979; 51 FR 4362 , Feb. 4, 1986; 60 FR 37272 , July 19, 1995; 62 FR 2041 , Jan. 15, 1997; 62 FR 18932 , Apr. 17, 1997; 64 FR 36270 , July 6, 1999] § 90.313 Frequency loading criteria. ( a ) Except as provided for in paragraph (b) of this section, the maximum channel loading on frequencies in the 470-512 MHz band is as follows: ( 1 ) 50 units for systems eligible in the Public Safety Pool (see § 90.20(a) ). ( 2 ) 90 units for systems eligible in the Industrial/Business Pool (see § 90.35(a) ). ( b ) If a licensee has exclusive use of a frequency, then the loading standards in paragraph (a) of this section, may be exceeded. If it is a shared channel, the loading standards can be exceeded upon submission of a signed statement by all those sharing the channel agreeing to the increase. ( c ) A unit is defined as a mobile transmitter-receiver. Loading standards will be applied in terms of the number of units actually in use or to be placed in use within 8 months following authorization. A licensee will be required to show that an assigned frequency pair is at full capacity before it may be assigned a second or additional frequency pair. Channel capacity may be reached either by the requirements of a single licensee or by several users sharing a channel. Until a channel is loaded to capacity it will be available for assignment to other users in the same area. A frequency pair may be reassigned at distances 64 km. (40 mi.), 32 km. (20 mi.) for Channel 15, Chicago; Channel 20, Philadelphia; and Channel 17, Washington, or more from the location of base stations authorized on that pair without reference to loading at the point of original installation. Following authorization, the licensee shall notify the Commission either during or at the close of the 8 month period of the number of units in operation. In the Industrial Radio Services, if the base station facility is to be used by more than a single licensee, the frequency assigned to it will not be reassigned for use by another facility within 64 km. (40 mi.) or 32 km. (20 mi.) where applicable for a period of 12 months, Provided, That the facility is constructed within 90 days from the date of the first grant, meets the loading standards to at least 50 percent within 9 months, and meets all loading standards within 12 months. [ 43 FR 54791 , Nov. 22, 1978, as amended at 47 FR 36649 , Aug. 23, 1982; 62 FR 18933 , Apr. 17, 1997] § 90.315 Special provisions governing use of frequencies in the 476-494 MHz band (TV Channels 15, 16, 17) in the Southern Louisiana-Texas Offshore Zone. ( a ) The frequency bands from 490-491 and 493-494 MHz will be available for assignment to stations governed by this part within Zone A. The boundaries of Zone A are from longitude 87°45′ on the east to longitude 94°00′ on the west, and from the 3-mile limit along the Gulf of Mexico shoreline on the north to the limit of the Outer Continental Shelf on the south. The frequency bands from 484-485 and 476-488 MHz will be available for assignment to stations governed by this part within Zone B. The boundaries of Zone B are from longitude 87°45′ on the east to longitude 95°00′ on the west and from the 3-mile limit along the Gulf of Mexico shoreline on the north to the limit of the Outer Continental Shelf on the south. The frequency bands from 478-479 and 481-481 MHz will be available for assignment to stations governed by this part within Zone C. The boundaries of Zone C are from longitude 94°00′ on the east, the 3-mile limit on the north and west, a 281 km (175 mile) radius from the reference point at Linares, N.L., Mexico on the southwest, latitude 26°00′ on the south, and the limits of the Outer Continental Shelf on the southeast. These frequencies may also be assigned to fixed stations located on shore designed to provide communications service within the zone. ( b ) Offshore base/mobile, and offshore and shore fixed stations may be authorized. ( c ) F2, F3, F4, F9, and A2, A3, A4, and A9 emissions may be authorized. ( d ) Offshore stations shall afford cochannel protection to TV stations on Channels 15, 16 and 17. Station operating parameters shall be in accordance with the values given in table 1 of this section. Table 1—Protection of Cochannel Television Stations by Offshore Stations Operating in the Southern Louisiana-Texas Offshore Zone (65 dB Protection); Maximum Effective Radiated Power [In Watts] Distance from transmitter to co-channel TV station kilometers (miles) Antenna Height above sea level meters (feet) 30.5 (100) 45 (150) 61 (200) 338 (210) 1,000 1,000 1,000 330 (205) 1,000 900 800 322 (200) 800 710 630 314 (195) 590 520 450 306 (190) 450 400 330 298 (185) 320 280 240 290 (180) 250 210 175 281 (175) 175 150 130 274 (170) 130 110 100 265 (165) 95 80 70 257 (160) 65 55 50 249 (155) 50 40 35 241 (150) 35 30 25 Note: To determine the maximum permissible effective radiated power: (1) As specified in § 73.611 determine the distance between the proposed station and the cochannel television station. If the exact distance does not appear in table 1 of this section, the next lower distance separation is to be used. (2) Opposite this distance figure ERPs are given that may be used for antenna heights of 30.5, 45 or 61 meters (100, 150 or 200 ft) ASL. If the exact antenna height is not shown, the ERP allowed will be that shown for the next higher antenna height. ( e ) Shore stations communicating point-to-point with offshore stations will be permitted at least the same ERP as the offshore station, but only in the direction of the offshore station. A directional antenna shall be used and the rearward radiated power from the antenna in a sector ±22 1 ⁄ 2 ° from the line joining the shore antenna to the cochannel television station shall not exceed those shown in table 2 of this section. Table 2—Maximum Rearward Effective Radiated Power Allowed for Shore Stations; Rearward Effective Radiated Power (in Watts) From Shore Antenna in a Sector <±>221/2° From the Line Joining the Shore Antenna to the Cochannel Television Station Distance from transmitter to cochannel television station: kilometers (miles) Antenna height above ground in meters (feet) 30.5 (100) 45 (150) 61 (200) 91.5 (300) 152.5 (500) 228 (750) 298 (185) 320 280 240 190 125 90 290 (180) 250 210 175 125 100 60 281 (175) 175 150 130 100 70 50 274 (170) 130 110 100 75 40 35 265 (165) 95 82 70 50 35 25 257 (160) 65 55 50 40 25 20 249 (155) 50 40 35 30 20 15 241 (150) 35 30 25 20 15 10 233 (145) 25 20 18 15 10 7 225 (140) 18 15 13 10 7 5 217 (135) 13 10 9 7 5 3 209 (130) 10 8 6 5 3 2 201 (125) 7 6 5 4 3 2 193 (120) 5 4 3 3 2 1 Note: As an example of the use of tables 1 and 2, assume an offshore station located 290 km (180 mi) from TV Channel 17 located in Bude, Miss. with an antenna height of 30.5 m (100 ft). Table 1 allows this station to operate with 250 W ERP. Now assume the shore station communicating with the offshore station is 48 km (30 mi) from the offshore station and 241 km (150 mi) from Bude, Miss. The shore station antenna height is 152.5 m (500 ft) above ground. The shore station will be allowed the same ERP as the offshore station (250 W) in the direction of the offshore station. Table 2 indicates that the effective radiated power in a sector <±>22 1 ⁄ 2 ° from the line joining the shore antenna to Bude, Miss. can only be 15 W. Consequently, a directional antenna must be used whose minimum front-to-back ratio over this 45° sector must be at least 12.2 dB. (250 W forward power to 15 W rearward power is a power ratio of 16.6 or 12.2 dB). ( f ) To provide cochannel protection to television stations, no shore station will be allowed closer than 193 km miles) from the cochannel television station. ( g ) To provide adjacent channel protection to television stations, no shore or offshore station shall be allowed within 128 kilometers (80 miles) of the adjacent channel television station. ( h ) Mobile stations shall not operate closer to shore than 6.4 km (4 miles) beyond the three mile limit and shall not operate with an ERP in excess of 100 watts with 9.1 m (30 ft) maximum antenna height. ( i ) Mobile stations installed in aircraft shall operate 11 km (7 miles) beyond the three mile limit and shall not operate with an ERP in excess of 1 watt or at heights in excess of 305 m (1000 feet) AMSL. ( j ) ( 1 ) The following frequency bands are available for assignment in all services for use in the Zones defined in paragraph (a) of this section. Paired Frequencies (MHz) Zone Transmit (or receive) Receive (or transmit) A 490.01875-490.98125 493.01875-493.98125 B 484.01875-484.98125 487.01875-487.98125 C 478.01875-478.98125 481.01875-481.98125 ( 2 ) Only the first and last assignable frequencies are shown. Frequencies shall be assigned in pairs with 3 MHz spacing between transmit and receive frequencies. Assignable frequency pairs will occur in increments of 6.25 kHz. The following frequencies will be assigned for a maximum authorized bandwidth of 6 kHz: 478.01875, 478.98125, 484.01875, 484.98125, 490.01875, 490.98125, 481.01875, 481.98125, 487.01875, 487.98125, 493.01875, and 493.98125 MHz. ( k ) Fixed stations operating point-to-point shall be assigned frequencies beginning with 490.025/493.025 MHz (Zone A), 484.025/487.025 MHz (Zone B) and 478.025-481.025 MHz (Zone C) and progressing upwards utilizing available frequencies toward the end of the band. Offshore base/mobile stations shall be assigned frequencies beginning at 490.975/493.975 MHz (Zone A), 484.975/478.975 MHz (Zone B) and 478.975/481.975 MHz (Zone C) and progressing downwards utilizing available frequencies toward the beginning of the band. All frequency assignments are subject to the conditions specified in § 90.173 . [ 50 FR 12027 , Mar. 27, 1985; 50 FR 14389 , Apr. 12, 1985, as amended at 58 FR 44959 , Aug. 25, 1993; 60 FR 37277 , July 19, 1995; 72 FR 35198 , June 27, 2007] § 90.317 Fixed ancillary signaling and data transmissions. ( a ) Licensees of systems that have exclusive-use status in their respective geographic areas may engage in fixed ancillary signaling and data transmissions, subject to the following requirements: ( 1 ) All such ancillary operations must be on a secondary, non-interference basis to the primary mobile operation of any other licensee. ( 2 ) The output power at the remote site shall not exceed 30 watts. ( 3 ) Any fixed transmitters will not count toward meeting the mobile loading requirements nor be considered in whole or in part as a justification for authorizing additional frequencies in the licensee's mobile system. ( 4 ) Automatic means must be provided to deactivate the remote transmitter in the event the carrier remains on for a period in excess of three minutes. ( 5 ) Operational fixed stations authorized pursuant to the provisions of this paragraph are exempt from the requirements of §§ 90.425 and 90.429 . ( 6 ) If the system is licensed on 470-512 MHz conventional frequencies, and exclusivity has been achieved through the aggregate loading of more than a single co-channel licensee, then a licensee must obtain the concurrence of other co-channel licensees prior to commencing such ancillary operations. ( b ) Licensees of systems that do not have exclusive-use status in their respective geographic areas may conduct fixed ancillary signaling and data transmissions only in accordance with the provisions of § 90.235 of this part . [ 57 FR 34693 , Aug. 6, 1992] Subpart M—Intelligent Transportation Systems Radio Service Source: 60 FR 15253 , Mar. 23, 1995, unless otherwise noted. § 90.350 Scope. The Intelligent Transportation Systems radio service is for the purpose of integrating radio-based technologies into the nation's transportation infrastructure and to develop and implement the nation's intelligent transportation systems. It includes the Location and Monitoring Service (LMS) and Dedicated Short Range Communications Service (DSRCS). Rules as to eligibility for licensing, frequencies available, and any special requirements for services in the Intelligent Transportation Systems radio service are set forth in this subpart. [ 64 FR 66410 , Nov. 26, 1999] § 90.351 Location and Monitoring Service. These provisions authorize the licensing of systems in the Location and Monitoring Service (LMS). LMS systems utilize non-voice radio techniques to determine the location and status of mobile radio units. LMS licensees authorized to operate a system in the 902-928 MHz band may serve individuals, federal government agencies, and entities eligible for licensing in this part 90. ( a ) Each application to license an LMS system shall include the following supplemental information: ( 1 ) A detailed description of the manner in which the system will operate, including a map or diagram. ( 2 ) The necessary or occupied bandwidth of emission, whichever is greater. ( 3 ) The data transmission characteristics as follows: ( i ) The vehicle location update rates; ( ii ) Specific transmitter modulation techniques used; ( iii ) For codes and timing scheme: A table of bit sequences and their alphanumeric or indicator equivalents, and a statement of bit rise time, bit transmission rates, bit duration, and interval between bits; ( iv ) A statement of amplitude-versus-time of the interrogation and reply formats, and an example of a typical message transmission and any synchronizing pulses utilized. ( 4 ) A plan to show the implementation schedule during the initial license term. ( b ) LMS stations are exempted from the identification requirements of § 90.425 ; however, the Commission may impose automatic station identification requirements when determined to be necessary for monitoring and enforcement purposes. § 90.353 LMS operations in the 902-928 MHz band. LMS systems may be authorized within the 902-928 MHz band, subject to the conditions in this section. LMS licensees are required to maintain whatever records are necessary to demonstrate compliance with these provisions and must make these records available to the Commission upon request: ( a ) LMS operations will not cause interference to and must tolerate interference from industrial, scientific, and medical (ISM) devices and radiolocation Government stations that operate in the 902-928 MHz band. ( b ) LMS systems are authorized to transmit status and instructional messages, either voice or non-voice, so long as they are related to the location or monitoring functions of the system. ( c ) LMS systems may utilize store and forward interconnection, where either transmissions from a vehicle or object being monitored are stored by the LMS provider for later transmission over the public switched network (PSN), or transmissions received by the LMS provider from the PSN are stored for later transmission to the vehicle or object being monitored. Real-time interconnection between vehicles or objects being monitored and the PSN will only be permitted to enable emergency communications related to a vehicle or a passenger in a vehicle. Such real-time, interconnected communications may only be sent to or received from a system dispatch point or entities eligible in the Public Safety or Special Emergency Radio Services. See subparts B and C of this part . ( d ) Multilateration LMS systems will be authorized on a primary basis within the bands 904-909.75 MHz and 921.75-927.25 MHz. Additionally, multilateration and non-multilateration systems will share the 919.75-921.75 MHz band on a co-equal basis. Licensing will be on the basis of Economic Areas (EAs) for multilateration systems, with one exclusive EA license being issued for each of these three sub-bands. Except as provided in paragraph (f) of this section, multilateration EA licensees may be authorized to operate on only one of the three multilateration bands within a given EA. Additionally, EA multilateration LMS licenses will be conditioned upon the licensee's ability to demonstrate through actual field tests that their systems do not cause unacceptable levels of interference to 47 CFR part 15 devices. ( e ) Multilateration EA-licensed systems and grandfathered automatic vehicle monitoring service (AVM) systems ( see § 90.363 ) are authorized on a shared basis and must cooperate in the selection and use of frequencies in accordance with § 90.173(b) . ( f ) Multilateration EA licensees may be authorized to operate on both the 919.75-921.75 MHz and 921.75-927.75 MHz bands within a given EA ( see § 90.209(b)(5) ). ( g ) Multilateration LMS systems whose primary operations involve the provision of vehicle location services, may provide non-vehicular location services. ( h ) Non-multilateration stations are authorized to operate on a shared, non-exclusive basis in the 902-904 MHz and 909.75-921.75 MHz sub-bands. Non-multilateration systems and multilateration systems will share the 919.75-921.75 MHz band on a co-equal basis. Non-multilateration LMS systems may not provide non-vehicular location services. The maximum antenna height above ground for non-multilateration LMS systems is 15 meters. ( i ) Non-multilateration LMS licenses will be issued on a site-by-site basis, except that municipalities or other governmental operatives may file jointly for a non-multilateration license covering a given U.S. Department of Commerce Bureau of Economic Analysis Economic Area (EA). Such an application must identify all planned sites. After receiving the license, the non-multilateration EA licensee must notify the Commission if sites are deleted or if new sites are added, before those sites may be put into operation. [ 60 FR 15253 , Mar. 23, 1995, as amended at 62 FR 52044 , Oct. 6, 1997; 72 FR 35198 , June 27, 2007; 75 FR 19284 , Apr. 14, 2010] § 90.355 LMS operations below 512 MHz. Applications requiring not more than 25 kHz bandwidth per frequency in the 25-50 MHz, 150-170 MHz, and 450-512 MHz bands may use either base-mobile frequencies currently assigned the applicant, or be assigned base-mobile frequencies available in the service in which eligibility has been established, provided that: ( a ) For transmission between vehicles and base stations, each frequency in a single-frequency mode of operation will provide location data for approximately 200 vehicles, or both frequencies in a two-frequency mode of operation will provide location data for approximately 400 vehicles, except that for frequencies in the 450-512 MHz band that are assigned in pairs in accordance with the allocation plan for the band, the requirement is that location data be provided for approximately 200 vehicles for each frequency pair; and a showing is made that 50 percent of the vehicles will be in operation within the system by the end of the second year of the initial license term, and 70 percent will be in operation within the system by the end of the initial license term; except that if these vehicle loading standards will not be met, frequencies will be assigned only on a secondary non-interference basis to any authorized radiotelephony operation. ( b ) The minimum separation between a proposed LMS station and the nearest co-channel base station of another licensee operating a voice system is 75 miles (120 km) for a single frequency mode of operation or 35 miles (56 km) for a two-frequency mode of operation. Where the minimum mileage separation cannot be achieved, agreement to the use of F1D, F2D, G1D, G2D or P0N emission must be received from all existing co-channel licensees using voice emissions within the applicable mileage limits. If there is interference with voice operations and required agreement was not received, or operation was authorized on a secondary non-interference basis, the licensee of the LMS system is responsible for eliminating the interference. ( c ) Frequencies additional to any assigned under paragraph (a) of this section will not be assigned to the same licensee at any stations located within 64 km (40 miles) of any station in which the licensee holds an interest until each of such licensee's frequencies for LMS operation is shown to accommodate not less than 90 percent of the frequency loading requirements specified in paragraph (a) of this section. § 90.357 Frequencies for LMS systems in the 902-928 MHz band. ( a ) Multilateration LMS systems will be authorized on the following LMS sub-bands: LMS sub-band Forward link 1 904.000-909.750 MHz 927.750-928.000 MHz. 919.750-921.750 MHz. 2 927.500-927.750 MHz. 921.750-927.250 MHz 927.250-927.500 MHz. 1 Forward links for LMS systems may also be contained within the LMS sub-band. However, the maximum allowable power in these sub-bands is 30 Watts ERP in accordance with § 90.205(l) . 2 The frequency band 919.750-921.750 MHz is shared co-equally between multilateration and non-multilateration LMS systems. ( b ) Non-multilateriation LMS systems will be authorized in the following frequency bands: LMS Sub-band 1 902.000-904.000 MHz 909.750-921.750 MHz 1 Applicants for non-multilateration LMS systems should request only the minimum amount of bandwidth necessary to meet their operational needs. [ 72 FR 35198 , June 27, 2007, as amended at 75 FR 19284 , Apr. 14, 2010] § 90.359 Field strength limits for EA-licensed LMS systems. EA-licensed multilateration systems shall limit the field strength of signals transmitted from their base stations to 47 dBuV/m at their EA boundary. [ 62 FR 52044 , Oct. 6, 1997] § 90.361 Interference from part 15 and Amateur operations. Operations authorized under parts 15 and 97 of this chapter may not cause harmful interference to LMS systems in the 902-928 MHz band. These operations will not be considered to be causing harmful interference to a multilateration LMS system operating in one of the three EA sub-bands (see § 90.357(a) ) if they are non-video links operating in accordance with the provisions of parts 15 or 97 of this chapter and at least one of the following conditions are met: ( a ) It is a field disturbance sensor operating under § 15.245 of this chapter and it is not operating in the 904-909.750 or 919.750-928.000 MHz sub-bands; or ( b ) It does not employ an outdoor antenna; or ( c ) If it does employ an outdoor antenna, then if: ( 1 ) The directional gain of the antenna does not exceed 6 dBi, or if the directional gain of the antenna exceeds 6 dBi, it reduces its transmitter output power below 1 watt by the proportional amount that the directional gain of the antenna exceeds 6 dBi; and ( 2 ) Either: ( i ) The antenna is 5 meters or less in height above ground; or ( ii ) The antenna is more than 5 meters in height above ground but less than or equal to 15 meters in height above ground and either: ( A ) Adjusts its transmitter output power below 1 watt by 20 log (h/5) dB, where h is the height above ground of the antenna in meters; or ( B ) Is providing the final link for communications of entities eligible under subpart B or C of this part , or is providing the final link for communications of health care providers that serve rural areas, elementary schools, secondary schools or libraries. [ 60 FR 15253 , Mar. 23, 1995, as amended at 62 FR 52044 , Oct. 6, 1997] § 90.363 Grandfathering provisions for existing AVM licensees. ( a ) These provisions authorize grandfathered operation by automatic vehicle monitoring (AVM) systems licensed on or before February 3, 1995. To attain grandfathered status for their stations, existing multilateration AVM licensees must file, on or before May 22, 1995, applications to modify their station licenses to comply with the band plan shown in § 90.357(a) . These applications to modify must identify the multilateration sub-band or sub-bands in which the applicants intend to operate their LMS system stations, once their applications to modify have been authorized. The application to modify a license to comply with the band plan shown in § 90.357(a) may also include a modification to specify an alternate site, so long as the alternate site is 2 kilometers or less from the site specified in the original license. ( b ) When existing multilateration AVM licensees file applications to modify, as specified in paragraph (a) of this section, they must certify that either: ( 1 ) The stations that compose their AVM system were constructed and placed in operation in accordance with § 90.155(e) on or before February 3, 1995; or ( 2 ) The stations were not constructed and placed in operation in accordance with § 90.155(e) on or before February 3, 1995. ( c ) Multilateration AVM systems that were constructed and placed in operation on or before February 3, 1995 will be given until April 1, 1998 to convert to the spectrum identified in their LMS system license. Such licensees may continue to operate their systems during this period. Licensees of multilateration AVM constructed and operational systems that do not file applications to modify on or before May 22, 1995, will be permitted to continue operations under the provisions of former § 90.239 until April 1, 1998 or the end of their original license term, whichever occurs first, at which time such licenses will cancel automatically and will not be renewed. ( d ) Multilateration AVM licensees for stations that were not constructed and placed in operation on or before February 3, 1995 must construct their LMS systems and place them in operation on the spectrum identified in their LMS system license on or before September 1, 1996, or their licenses will cancel automatically (see Section 90.155 (e) ). Also, these licenses will cancel automatically on July 1, 1996 unless timely modification applications are filed on or before this date (see paragraph (a) of this section). ( e ) Non-multilateration systems licensed in spectrum other than the 902.00-904.00 and 909.75-921.75 MHz bands must modify their licenses by April 1, 1998 to specify operation solely in the bands provided in § 90.357(b) for non-multilateration systems and to operate their systems consistently with the provisions of § 90.353 . [ 60 FR 15253 , Mar. 23, 1995, as amended at 61 FR 18986 , Apr. 30, 1996] § 90.365 Partitioned licenses and disaggregated spectrum. ( a ) Eligibility. ( 1 ) Party seeking approval for partitioning and disaggregation shall request an authorization pursuant to § 1.948 of this chapter . ( 2 ) Multilateration LMS licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses. Multilateration LMS licensees may partition or disaggregate to any party that is also eligible to be a multilateration LMS licensee. Partitioning is permitted along any service area defined by the parties, and spectrum may be disaggregated in any amount. The Commission will also consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation. ( b ) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 and list the partitioned service area on a schedule to the application. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). ( c ) License term. The license term for a partitioned license area, and for disaggregated spectrum shall be the remainder of the original licensee's license term. [ 63 FR 40663 , July 30, 1998, as amended at 63 FR 68966 , Dec. 14, 1998; 82 FR 41548 , Sept. 1, 2017] Regulations Governing the Licensing and Use of Frequencies in the 5895-5925 MHz Band for Dedicated Short-Range Communications Service (DSRCS) § 90.370 Permitted frequencies. ( a ) Dedicated Short-Range Communications Service (DSRCS) systems are permitted to operate in the 5895-5925 MHz band. ( b ) DSRCS authorizations granted prior to the July 2, 2021 may remain on existing frequencies in the 5850-5895 MHz band until July 5, 2022, at which time they may only operate in the 5895-5925 MHz band. ( c ) Frequencies in the 5895-5925 MHz band will not be assigned for the exclusive use of any licensee; Channels are available on a shared basis only for use in accordance with the Commission's rules. All licensees shall cooperate in the selection and use of channels in order to reduce interference. This includes monitoring for communications in progress and any other measures as may be necessary to minimize interference. ( d ) Licensees of Roadside Units (RSUs) suffering or causing harmful interference within a communications zone, as defined in § 90.375 of this part , are expected to cooperate and resolve this problem by mutually satisfactory arrangements. If the licensees are unable to do so, the Commission may impose restrictions including specifying the transmitter power, antenna height and direction, additional filtering, or area or hours of operation of the stations concerned. The use of any channel at a given geographical location may be denied when, in the judgment of the Commission, its use at that location is not in the public interest; use of any such channel may be restricted as to specified geographical areas, maximum power, or such other operating conditions, contained in this part or in the station authorization. [ 86 FR 23297 , May 3, 2021] § 90.371 Dedicated short range communications service. ( a ) These provisions pertain to systems in the 5850-5925 MHz band for Dedicated Short-Range Communications Service (DSRCS). DSRCS systems use radio techniques to transfer data over short distances between roadside and mobile units, between mobile units, and between portable and mobile units to perform operations related to the improvement of traffic flow, traffic safety, and other intelligent transportation service applications in a variety of environments. DSRCS systems may also transmit status and instructional messages related to the units involved. DSRCS Roadside Units are authorized under this part. DSRCS On-Board Units are authorized under part 95 of this chapter . ( b ) DSRCS Roadside Units (RSUs) operating in the band 5850-5925 MHz shall not receive protection from Government Radiolocation services in operation prior to the establishment of the DSRCS station. Operation of DSRCS RSU stations within the radius centered on the locations listed in the table below must be coordinated through the National Telecommunications and Information Administration. Table 1 to § 90.371 ( b )—Coordination Locations Location Latitude Longitude Coordination zone radius Anclote, Florida 28-11-18 82-47-40 45 Cape Canaveral, Florida 28-28-54 80-34-35 47 Cape San Blas, Florida 29-40-31 85-20-48 47 Carabelle Field, Florida 29-50-38 84-39-46 36 Charleston, South Carolina 32-51-48 79-57-48 16 Edwards, California 34-56-43 117-54-50 53 Eglin, Florida 30-37-51 86-24-16 103 Fort Walton Beach, Florida 30-24-53 86-39-58 41 Kennedy Space Center, Florida 28-25-29 80-39-51 47 Key West, Florida 24-33-09 81-48-28 12 Kirtland AFB, New Mexico 34-59-51 106-28-54 15 Kokeepark, Hawaii 22-07-35 159-40-06 5 MacDill, Florida 27-50-37 82-30-04 47 NV Test Training Range, Nevada 37-18-27 116-10-24 186 Patuxent River, Maryland 38-16-55 76-25-12 6 Pearl Harbor, Hawaii 21-21-17 157-57-51 16 Pillar Point, California 37-29-52 122-29-59 36 Poker Flat, Alaska 65-07-36 147-29-21 13 Port Canaveral, Florida 28-24-42 80-36-17 19 Port Hueneme, California 34-08-60 119-12-24 24 Point Mugu, California 34-07-17 119-09-1 18 Saddlebunch Keys, Florida 24-38-51 81-36-22 29 San Diego, California 32-43-00 117-11-00 11 San Nicolas Island, California 33-14-47 119-31-07 195 Tonopah Test Range, Nevada 37-44-00 116-43-00 2 Vandenberg, California 34-34-58 120-33-42 55 Venice, Florida 27-04-37 82-27-03 50 Wallops Island, Virginia 37-51-23 75-30-41 48 White Sands Missile Range, New Mexico 32-58-26 106-23-43 158 Yuma, Arizona 32-54-03 114-23-10 2 ( c ) NTIA may authorize additional station assignments in the federal radiolocation service and may amend, modify, or revoke existing or additional assignments for such service. Once a federal assignment action is taken, the Commission's Universal Licensing System database will be updated accordingly and the list in paragraph (b) of this section will be updated as soon as practicable. [ 64 FR 66410 , Nov. 26, 1999, as amended at 69 FR 46443 , Aug. 3, 2004; 86 FR 23297 , May 3, 2021] § 90.372 DSRCS notification requirement. ( a ) DSRCS licensees authorized pursuant to 90.370(b) must notify the Commission that as of the transition deadline of July 5, 2022, they have ceased operating in the 5.850-5.895 GHz portion of the band. This notification must be filed via ULS within 15 days of the expiration of the transition deadline. ( b ) Continued operation in the 5.850-5.895 GHz portion of the band after the transition deadline, will result in automatic termination of that licensee's authorization without specific Commission action. [ 86 FR 23297 , May 3, 2021] § 90.373 Eligibility in the DSRCS. The following entities are eligible to hold an authorization to operate Roadside units in the DSRCS: ( a ) Any territory, possession, state, city, county, town or similar governmental entity. ( b ) Any entity meeting the eligibility requirements of §§ 90.33 or 90.35 . [ 69 FR 46443 , Aug. 3, 2004] § 90.375 RSU license areas, communication zones and registrations ( a ) Roadside Units (RSUs) in the 5895-5925 MHz band are licensed on the basis of non-exclusive geographic areas. Governmental applicants will be issued a geographic area license based on the geo-political area encompassing the legal jurisdiction of the entity. All other applicants will be issued a geographic area license for their proposed area of operation based on county(s), state(s) or nationwide. ( b ) Applicants who are approved in accordance with FCC Form 601 will be granted non-exclusive licenses for all non-reserved DSRCS frequencies (see § 90.377 ). Such licenses serve as a prerequisite of registering individual RSUs located within the licensed geographic area described in paragraph (a) of this section. Licensees must register each RSU in the Universal Licensing System (ULS) before operating such RSU. RSU registrations are subject, inter alia, to the requirements of § 1.923 of this chapter as applicable (antenna structure registration, environmental concerns, international coordination, and quiet zones). Additionally, RSUs at locations subject to NTIA coordination (see § 90.371(b) ) may not begin operation until NTIA approval is received. Registrations are not effective until the Commission posts them on the ULS. It is the DSRCS licensee's responsibility to delete from the registration database any RSUs that have been discontinued. ( c ) Licensees must operate each RSU in accordance with the Commission's rules and the registration data posted on the ULS for such RSU. Licensees must register each RSU for the smallest communication zone needed for the intelligent transportation systems application using one of the following four communication zones: Table 1 to § 90.375 ( c )—Communication Zones RSU class Maximum output power (dBm) 1 Communications zone (meters) A 0 15 B 10 100 C 20 400 D 28.8 1000 1 As described in the IEEE 802.11p-2010 (incorporated by reference, see § 90.395 ). [ 69 FR 46444 , Aug. 3, 2004, as amended at 82 FR 41548 , Sept. 1, 2017; 86 FR 23298 , May 3, 2021] § 90.377 Frequencies available; maximum EIRP and antenna height, and priority communications. ( a ) Licensees shall transmit only the power (EIRP) needed to communicate with an On-Board Unit (OBU) within the communications zone and must take steps to limit the Roadside Unit (RSU) signal within the zone to the maximum extent practicable. ( b ) Frequencies available for assignment to eligible applicants within the 5850-5925 MHz band for RSUs and the maximum EIRP permitted for an RSU with an antenna height not exceeding 8 meters above the roadway bed surface are specified in the table below. Where two EIRP limits are given, the higher limit is permitted only for state or local governmental entities. Channel No. Frequency range (MHz) Max. EIRP 1 (dBm) Channel use 170 5850-5855 Reserved. 172 5855-5865 33 Service Channel. 2 174 5865-5875 33 Service Channel. 175 5865-5885 23 Service Channel. 3 176 5875-5885 33 Service Channel. 178 5885-5895 33/44.8 Control Channel. 180 5895-5905 23 Service Channel. 181 5895-5915 23 Service Channel. 3 182 5905-5915 23 Service Channel. 184 5915-5925 33/40 Service Channel. 4 1 An RSU may employ an antenna with a height exceeding 8 meters but not exceeding 15 meters provided the EIRP specified in the table above is reduced by a factor of 20 log(Ht/8) in dB where Ht is the height of the radiation center of the antenna in meters above the roadway bed surface. The EIRP is measured as the maximum EIRP toward the horizon or horizontal, whichever is greater, of the gain associated with the main or center of the transmission beam. The RSU antenna height shall not exceed 15 meters above the roadway bed surface. 2 Channel 172 is designated for public safety applications involving safety of life and property. 3 Channel Nos. 174/176 may be combined to create a twenty megahertz channel, designated Channel No. 175. Channels 180/182 may be combined to create a twenty-megahertz channel, designated Channel No. 181. 4 Channel 184 is designated for public safety applications involving safety of life and property. Only those entities meeting the requirements of § 90.373(a) are eligible to hold an authorization to operate on this channel. ( c ) Except as provided in paragraphs (d) and (e) of this section, non-reserve DSRCS channels are available on a shared basis only for use in accordance with the Commission's rules. All licensees shall cooperate in the selection and use of channels in order to reduce interference. This includes monitoring for communications in progress and any other measures as may be necessary to minimize interference. Licensees of RSUs suffering or causing harmful interference within a communications zone are expected to cooperate and resolve this problem by mutually satisfactory arrangements. If the licensees are unable to do so, the Commission may impose restrictions including specifying the transmitter power, antenna height and direction, additional filtering, or area or hours of operation of the stations concerned. Further the use of any channel at a given geographical location may be denied when, in the judgment of the Commission, its use at that location is not in the public interest; use of any such channel may be restricted as to specified geographical areas, maximum power, or such other operating conditions, contained in this part or in the station authorization. ( d ) Safety/public safety priority. The following access priority governs all DSRCS operations: ( 1 ) Communications involving the safety of life have access priority over all other DSRCS communications; ( 2 ) Subject to a control channel priority system management strategy ( see ASTM E2213-03 DSRC Standard at § 4.1.1.2(4) ), DSRCS communications involving public safety have access priority over all other DSRC communications not listed in paragraph (d)(1) of this section. Roadside Units (RSUs) operated by state or local governmental entities are presumptively engaged in public safety priority communications. ( e ) Non-priority communications. DSRCS communications not listed in paragraph (d) of this section, are non-priority communications. If a dispute arises concerning non-priority communications, the licensee of the later-registered RSU must accommodate the operation of the early registered RSU, i.e. , interference protection rights are date-sensitive, based on the date that the RSU is first registered ( see § 90.375 ) and the later-registered RSU must modify its operations to resolve the dispute in accordance with paragraph (f) of this section. ( f ) Except as otherwise provided in the ASTM-DSRC Standard ( see § 90.379 ) for the purposes of paragraph (e) of this section, objectionable interference will be considered to exist when the Commission receives a complaint and the difference in signal strength between the earlier-registered RSU and the later-registered RSU (anywhere within the earlier-registered RSU's communication zone) is 18 dB or less (co-channel). Later-registered RSUs causing objectionable interference must correct the interference immediately unless written consent is obtained from the licensee of the earlier-registered RSU. [ 71 FR 52749 , Sept. 7, 2006, as amended at 72 FR 35199 , June 27, 2007] § 90.379 Technical standards for Roadside Units. DSRCS Roadside Units (RSUs) operating in the 5895-5925 MHz band must comply with the technical standard Institute of Electrical and Electronics Engineers (IEEE) 802.11p-2010 (incorporated by reference, see § 90.395 ). [ 86 FR 23298 , May 3, 2021] § 90.383 RSU sites near the U.S./Canada or U.S./Mexico border. Until such time as agreements between the United States and Canada or the United States and Mexico, as applicable, become effective governing border area use of the 5895-5925 MHz band, authorizations to operate Roadside Units (RSUs) are granted subject to the following conditions: ( a ) RSUs must not cause harmful interference to stations in Canada or Mexico that are licensed in accordance with the international table of frequency allocations for Region 2 (see § 2.106 of this chapter ) and must accept any interference that may be caused by such stations. ( b ) Authority to operate RSUs is subject to modifications and future agreements between the United States and Canada or the United States and Mexico, as applicable. [ 69 FR 46445 , Aug. 3, 2004, as amended at 86 FR 23298 , May 3, 2021] § 90.395 Incorporation by reference. Certain material required in this section is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . All approved material is available for inspection at the address of the FCC's main office indicated in 47 CFR 0.401(a) and is available from the sources indicated in this section. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov or go to www.archives.gov/federal-register/cfr/ibrlocations.html . ( a ) Institute of Electrical and Electronics Engineers (IEEE), 3025 Boardwalk Drive, Suite 220, Ann Arbor, MI 48108, 1-855-999-9870, www.techstreet.com/ieee . ( 1 ) IEEE 802.11p-2010, IEEE Standard for Information technology—Telecommunications and information exchange between systems—Local and metropolitan area networks—Specific requirements—Part 11: Wireless LAN Medium Access Control (MAC) and Physical Layer (PHY) Specifications Amendment 6: Wireless Access in Vehicular Environments, 15 July, 2010; into §§ 90.375(c) , 90.379 . ( 2 ) [Reserved] ( b ) [Reserved] [ 86 FR 23299 , May 3, 2021] Subpart N—Operating Requirements § 90.401 Scope. The subpart prescribes general operating requirements for stations licensed under this part. This includes station operating procedures, points of communication, permissible communications, methods of station identification, control requirements, and station record keeping requirements. § 90.403 General operating requirements. ( a ) Licensees of radio stations in the private land mobile radio services shall be directly responsible for the proper operation and use of each transmitter for which they are licensed. In this connection, licensees shall exercise such direction and control as is necessary to assure that all authorized facilities are employed: ( 1 ) Only for permissible purposes; ( 2 ) Only in a permissible manner; and ( 3 ) Only by persons with authority to use and operate such equipment. ( b ) In carrying out their responsibilities under § 90.403(a) , licensees shall be bound by the provisions of the Communications Act of 1934, as amended, and by the rules and regulations of the Commission governing the radio service in which their facilities are licensed; and licensees may not, through written or oral agreements or otherwise, relieve themselves of any duty or obligation imposed upon them, by law, as licensees. ( c ) Except for stations that have been granted exclusive channels under this part and that are classified as commercial mobile radio service providers pursuant to part 20 of this chapter , each licensee must restrict all transmissions to the minimum practical transmission time and must employ an efficient operating procedure designed to maximize the utilization of the spectrum. ( d ) Communications involving the imminent safety-of-life or property are to be afforded priority by all licensees. ( e ) Licensees shall take reasonable precautions to avoid causing harmful interference. This includes monitoring the transmitting frequency for communications in progress and such other measures as may be necessary to minimize the potential for causing interference. ( f ) Stations licensed in this part shall not continuously radiate an unmodulated carrier except where required for tests as permitted in § 90.405 , except where specifically permitted by this part, where specifically authorized in the station authorization, or on an as needed basis in the Radiolocation Radio Service. ( g ) The radiations of the transmitter shall be suspended immediately upon detection or notification of a deviation from the technical requirements of the station authorization and until such deviation is corrected. For transmissions concerning the imminent safety-of-life or property, the transmissions shall be suspended as soon as the emergency is terminated. [ 43 FR 54791 , Nov. 22, 1978; 44 FR 32220 , June 5, 1979, as amended at 59 FR 59965 , Nov. 21, 1994] § 90.405 Permissible communications. ( a ) Stations licensed under this part may transmit only the following types of communication: ( 1 ) Any communication related directly to the imminent safety-of-life or property; ( 2 ) Communications directly related and necessary to those activities which make the licensee eligible for the station license held under this part. In addition, when communication service is provided under the cooperative sharing provisions of § 90.179 , the licensee providing such service may transmit communications related to the activities for which the parties receiving the service would be eligible to be licensed. ( 3 ) Communications for testing purposes required for proper station and system maintenance. However, each licensee shall keep such tests to a minimum and shall employ every measure to avoid harmful interference. ( b ) The provisions contained in paragraph (a) of this section do not apply where a single base station licensee has been authorized to use a channel above 470 MHz on an exclusive basis, or to stations licensed under this part that are classified as CMRS providers under part 20 of this chapter . [ 50 FR 6182 , Feb. 14, 1985, as amended at 59 FR 59965 , Nov. 21, 1994] § 90.407 Emergency communications. The licensee of any station authorized under this part may, during a period of emergency in which the normal communication facilities are disrupted as a result of hurricane, flood, earthquake or similar disaster, utilize such station for emergency communications in a manner other than that specified in the station authorization or in the rules and regulations governing the operation of such stations. The Commission may at any time order the discontinuance of such special use of the authorized facilities. [ 49 FR 36376 , Sept. 17, 1984] § 90.411 Civil defense communications. The licensee of any station authorized under this part may, on a voluntary basis, transmit communications necessary for the implementation of civil defense activities assigned such station by local civil defense authorities during an actual or simulated emergency, including drills and tests. The Commission may at any time order the discontinuance of such special use of the authorized facilities. [ 49 FR 36376 , Sept. 17, 1984] § 90.415 Prohibited uses. Stations licensed under this part shall not: ( a ) Transmit program material of any kind for use in connection with broadcasting; or ( b ) Render a communications common carrier service, except for stations in the Public Safety Pool providing communications standby facilities under § 90.20(a)(2)(xi) and stations licensed under this part in the SMR, private carrier paging, Industrial/Business Pool, or 220-222 MHz services. [ 43 FR 54791 , Nov. 22, 1978, as amended at 59 FR 59965 , Nov. 21, 1994; 62 FR 18933 , Apr. 17, 1997] § 90.417 Interstation communication. ( a ) Any station licensed under this part may communicate with any other station without restriction as to type, service, or licensee when the communications involved relate directly to the imminent safety-of-life or property. ( b ) Any station licensed under this part may communicate with any other station licensed under this part, with U.S. Government stations, and with foreign stations, in connection with mutual activities, provided that where the communication involves foreign stations prior approval of the Commission must be obtained, and such communication must be permitted by the government that authorizes the foreign station. Communications by Public Safety Pool eligibles with foreign stations will be approved only to be conducted in accordance with Article 5 of the Inter-American Radio Agreement, Washington, DC, 1949, the provisions of which are set forth in § 90.20(b) . [ 43 FR 54791 , Nov. 22, 1978, as amended at 62 FR 18933 , Apr. 17, 1997] § 90.419 Points of communication. Normally, operations licensed under this part are intended to provide intrastation mobile communications. For example, a base station is intended to communicate with its associated mobile stations and mobile stations are intended to communicate between associated mobile stations and associated base stations of the licensee. Accordingly, operations between base stations at fixed locations are permitted only in the following situations: ( a ) Base stations licensed under subpart T of this part and those in the Public Safety Pool that operate on frequencies below 450 MHz, may communicate on a secondary basis with other base stations, operational fixed stations, or fixed receivers authorized in these services or pools. ( b ) Base stations licensed on any frequency in the Industrial/Business Pool and on base stations frequencies above 450 MHz in the Public Safety Pool may communicate on a secondary basis with other base stations, operational fixed stations, or fixed receivers authorized in these pools only when: ( 1 ) The messages to be transmitted are of immediate importance to mobile stations; or ( 2 ) Wireline communications facilities between such points are inoperative, economically impracticable, or unavailable from communications common carrier sources. Temporary unavailability due to a busy wireline circuit is not considered to be within the provisions of this paragraph. ( c ) Operational fixed stations may communicate with units of associated mobile stations only on a secondary basis. ( d ) Operational fixed stations licensed in the Industrial/Business Pool may communicate on a secondary basis with associated base stations licensed in these services when: ( 1 ) The messages to be transmitted are of immediate importance to mobile stations; or ( 2 ) Wireline communications facilities between such points are inoperative, economically impracticable, or unavailable from communications common carrier sources. Temporary unavailability due to a busy wireline circuit is not considered to be within the provisions of this paragraph. ( e ) Travelers' Information Stations are authorized to transmit certain information to members of the traveling public (see § 90.242 ). ( f ) CMRS licensees in the SMR categories of part 90, subpart S, CMRS providers authorized in the 220 MHz service of part 90, subpart T, CMRS paging operations as defined by part 90, subpart P and for-profit interconnected business radio services with eligibility defined by § 90.35 are permitted to utilize their assigned spectrum for fixed services on a co-primary basis with their mobile operations. [ 61 FR 45356 , Aug. 29, 1996, as amended at 62 FR 18933 , Apr. 17, 1997; 72 FR 35199 , June 27, 2007] § 90.421 Operation of mobile station units not under the control of the licensee. Mobile stations, as defined in § 90.7 , include vehicular-mounted and hand-held units. Such units may be operated by persons other than the licensee, as provided for below, when necessary for the licensee to meet its requirements in connection with the activities for which it is licensed. If the number of such units, together with units operated by the licensee, exceeds the number of mobile units authorized to the licensee, license modification is required. The licensee is responsible for taking necessary precautions to prevent unauthorized operation of such units not under its control. ( a ) Public Safety Pool. ( 1 ) Mobile units licensed in the Public Safety Pool may be installed in any vehicle which in an emergency would require cooperation and coordination with the licensee, and in any vehicle used in the performance, under contract, of official activities of the licensee. This provision does not permit the installation of radio units in non-emergency vehicles that are not performing governmental functions under contract but with which the licensee might wish to communicate. ( 2 ) Mobile units licensed under § 90.20(a)(2)(iii) may be installed in a vehicle or be hand-carried for use by any person with whom cooperation or coordinations is required for medical services activities. ( 3 ) On the Interoperability Channels in the 700 MHz Public Safety Band ( See § 90.531(b)(1) ), hand-held and vehicular transmitters may be operated by any licensee holding a license in the 700 MHz Public Safety Band or by any licensee holding a license for any other public safety frequency pursuant to part 90 of the Commission's rules. Therefore, individual licenses are not required for hand-held and vehicular transmitters in the 700 MHz Band. ( b ) Industrial/Business Pool. Mobile units licensed in the Industrial/Business Pool may be installed in vehicles of persons furnishing under contract to the licensee and for the duration of the contract, a facility or service directly related to the activities of the licensee. ( c ) In addition to the requirements in paragraphs (a) and (b) of this section, frequencies assigned to licensees in the Private Land Mobile Radio Services may be installed in the facilities of those who assist the licensee in emergencies and with whom the licensee must communicate in situations involving imminent safety to life or property. [ 65 FR 60877 , Oct. 13, 2000, as amended at 66 FR 10635 , Feb. 16, 2001] § 90.423 Operation on board aircraft. ( a ) Except as provided in paragraphs (b) , (c) , and (d) of this section, and except as may be provided in other sections of this part with respect to operation on specific frequencies, mobile stations first authorized after September 14, 1973, under this part may be operated aboard aircraft for air-to-mobile, air-to-base, air-to-air and air-to-ship communications subject to the following: ( 1 ) Operations are limited to aircraft that are regularly flown at altitudes below 1.6 km (1 mi) above the earth's surface; ( 2 ) Transmitters are to operate with an output power not to exceed ten watts; ( 3 ) Operations are secondary to land-based systems; ( 4 ) Such other conditions, including additional reductions of altitude and power limitations, as may be required to minimize the interference potential to land-based systems. ( b ) Exceptions to the altitude and power limitations set forth in paragraph (a) of this section may be authorized upon a showing of unusual operational requirements which justify departure from those standards, provided that the interference potential to regular land-based operations would not be increased. ( c ) Mobile operations aboard aircraft in the services governed by this part, under licenses in effect September 14, 1973, may be continued without regard to provisions of paragraph (a) of this section, as follows: ( 1 ) Operations may be continued only for the balance of the term of such licenses if aircraft involved are regularly flown at altitudes greater than 1.6 km (1 mi) above the earth's surface. ( 2 ) Operations may be continued for one additional renewal license term if the aircraft involved are regularly flown at altitudes below 1.6 km (1 mi) above the earth's surface. ( d ) Operation of radiolocation mobile stations may be authorized without regard to limitations and conditions set forth in paragraphs (a) , (b) , and (c) of this section. [ 43 FR 54791 , Nov. 22, 1978, as amended at 58 FR 44960 , Aug. 25, 1993] § 90.425 Station identification. Stations licensed under this part shall transmit identification in accordance with the following provisions: ( a ) Identification procedure. Except as provided for in paragraphs (d) and (e) of this section, each station or system shall be identified by the transmission of the assigned call sign during each transmission or exchange of transmissions, or once each 15 minutes (30 minutes in the Public Safety Pool) during periods of continuous operation. The call sign shall be transmitted by voice in the English language or by International Morse Code in accordance with paragraph (b) of this section. If the station is employing either analog or digital voice scrambling, or non-voice emission, transmission of the required identification shall be in the unscrambled mode using A3E, F3E or G3E emission, or International Morse, with all encoding disabled. Permissible alternative identification procedures are as follows: ( 1 ) A mobile relay stations call sign may be used to identify the associated control and mobile stations, except in the Public Safety Pool where the stations operate on frequencies below 450 MHz. Alternatively, a base station (including a mobile relay station) which is controlled by radio may be identified by the transmission of the call sign of the station at which communications originate. ( 2 ) One or more fixed relay stations may be identified by the transmission of the call signs of the stations at which the communications originate. ( 3 ) When a mobile station transmits on a different frequency than its associated base station, the assigned call sign of either the mobile station or the base station may be transmitted. Further, a single mobile unit in the licensee's authorized geographic area of operation may transmit station identification on behalf of any other operating mobile units in the fleet. ( 4 ) Use of an identifier other than the assigned call sign. ( i ) In the Public Safety Pool, mobile units licensed to a governmental entity and which operate on frequencies above 30 MHz may use an identifier which contains, at a minimum, the name of the licensee if the licensee maintains at the station a list of the special identifiers to be used by the mobile units. ( ii ) In the Industrial/Business Pool, licensees may request the Commission's Wireless Telecommunications Bureau to approve the use of special mobile unit identifiers in lieu of the assigned call sign. Such requests, however, will not be granted where it appears that harmful interference to international operations may be caused by stations below 50 MHz, or by stations operating in areas within 80 km (50 miles) of an international boundary, or where it appears that the proposed method of identification will not adequately distinguish the mobile units of the applicant from the mobile units of other licensees in the area. ( iii ) In the Industrial/Business Pool, railroad licensees (as defined in § 90.7 ) may identify stations by the name of the railroad and the train number, caboose number, engine number, or the name of the fixed wayside station. If none of these forms is practicable, any similar name or number may be designated by the railroad concerned for use by its employees in the identification of fixed points or mobile units, provided that a list of such identifiers is maintained by the railroad. An abbreviated name or the initials of the railroad may be used where such are in general usage. In those areas where it is shown that no difficulty would be encountered in identifying the transmission of a particular station (as, for example, where stations of one licensee are located in a yard isolated from other radio installations), approval may be given to a request from the licensee for permission to omit the station identification. ( 5 ) Use of identifiers in addition to assigned call signs. Nothing in this section shall be construed as prohibiting the transmission of station or unit identifiers which may be necessary or desirable for system operation, provided that they are transmitted in addition to the assigned station call sign or other permissible form of identification. ( b ) Use of automatic Morse code identification equipment. Automatically activated equipment may be used to transmit station identification in International Morse Code pursuant to the following conditions: ( 1 ) The signal output of the automatic identification equipment shall be connected to the transmitter at the microphone input or any other manufacturer-provided signal input terminal and shall be adjusted to produce 40 percent ±10 percent of the maximum permissible modulation or deviation level. This adjustment shall be performed when all other modulating signals are absent. ( 2 ) The Morse code transmission rate shall be maintained between 20 and 25 words per minute. ( 3 ) The frequency of the keyed tone comprising the identification signal shall be 1200 ±800 Hz. A licensee may be required to change the frequency in order to prevent interference to the operations of another co-channel licensee. ( 4 ) Should activation of automatic Morse code identification equipment interrupt the communications of another co-channel licensee, the Commission may require the use of equipment which will delay automatic station identification until such co-channel communications are completed. ( c ) Special provisions for identification in the Radiolocation Service. ( 1 ) Stations in the Radiolocation Service are not required to identify except upon special instructions from the Commission or as required by paragraphs (c)(2) and (3) of this section. ( 2 ) Stations in the Radiolocation Service operating on frequencies above 3400 kHz that employ spread spectrum techniques shall transmit a two letter manufacturer's designator, authorized by the Commission on the station authorization, at the beginning and ending of each transmission and once every 15 minutes during periods of continuing operation. The designator shall be transmitted in International Morse Code at a speed not exceeding 25 words per minute, and the spread spectrum mode of operation shall be maintained while the designator is being transmitted. The identifying signal shall be clearly receivable in the demodulated audio of a narrow-band FM receiver. ( 3 ) Oceanographic radars operating in the bands shown in section 90.103(b) shall transmit a station identification (call sign) on the assigned frequency, in international Morse code at a transmission rate in accordance with paragraph (b)(2) of this section at the end of each data acquisition cycle, but at an interval of no more than 20 minutes. ( d ) General exemptions. A station need not transmit identification if: ( 1 ) It is a mobile station operating on the transmitting frequency of the associated base station. ( 2 ) It is a mobile station in the Public Safety Pool using F1E or G1E emission. ( 3 ) It is transmitting for telemetering purposes or for the activation of devices which are employed solely as a means of attracting attention, or for remote control purposes, or which is retransmitting by self-actuating means, a radio signal received from another radio station or stations. ( 4 ) It is any type of radiopositioning or radar station authorized in a service other than the Radiolocation Service. ( 5 ) It is used solely for automatic vehicle monitoring or location. ( 6 ) It is a paging station authorized in accordance with the provisions of § 90.20(a)(2)(v) . ( 7 ) It is a mobile station employing non-voice emissions and the associated base station identifies on behalf of the mobile unit(s). ( 8 ) It is a base or mobile station in the 220-222 MHz band authorized to operate on a nationwide basis in accordance with subpart T of this part . ( 9 ) It is a wireless microphone station operating in accordance with the provisions of § 90.265(b) . ( 10 ) It is a Roadside Unit in a DSRCS system. ( e ) Special provisions for stations licensed under this part that are classified as CMRS providers under part 20 of this chapter . ( 1 ) Station identification will not be required for 929-930 MHz nationwide paging licensees or MTA or EA-based SMR licensees. All other CMRS stations will be required to comply with the station identification requirements of this paragraph. ( 2 ) CMRS stations subject to a station identification requirement will be permitted to use a single call sign for commonly owned facilities that are operated as part of a single system. The call sign must be transmitted each hour within five minutes of the hour, or upon completion of the first transmission after the hour. ( 3 ) CMRS stations granted exclusive channels may transmit their call signs digitally. A licensee that identifies its call sign in this manner must provide the Commission, upon request, information sufficient to decode the digital transmission and ascertain the call sign transmitted. ( f ) Special provisions for stations licensed under this part that are not classified as CMRS providers under part 20 of this chapter . ( 1 ) Stations subject to a station identification requirement will be permitted to use a single call sign for commonly owned facilities that are operated as part of a single system. ( 2 ) Stations licensed on an exclusive basis in the bands between 150 and 512 MHz that normally employ digital signals for the transmission of data, text, control codes, or digitized voice may be identified by digital transmission of the call sign. A licensee that identifies its call sign in this manner must provide the Commission, upon request, information sufficient to decode the digital transmission and ascertain the call sign transmitted. [ 43 FR 54791 , Nov. 22, 1978] Editorial Note Editorial Note: For Federal Register citations affecting § 90.425 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 90.427 Precautions against unauthorized operation. ( a ) Each transmitter shall be so installed and protected that it is not accessible to or capable of operation by persons other than those duly authorized by and under the control of the licensee. Provisions of this part authorizing certain unlicensed persons to operate stations, or authorizing unattended operation of stations in certain circumstances, shall not be construed to change or diminish in any respect the responsibility of station licensees to maintain control over the stations licensed to them (including all transmitter units thereof), or for the proper functioning and operation of those stations and transmitter units in accordance with the terms of the licenses of those stations. ( b ) Except for frequencies used in accordance with § 90.417 , no person shall program into a transmitter frequencies for which the licensee using the transmitter is not authorized. [ 43 FR 54791 , Nov. 22, 1978, as amended at 52 FR 47570 , Dec. 15, 1987] § 90.429 Control point and dispatch point requirements. ( a ) Control point required. Unless permitted to be operated on an unattended basis, each station shall be provided with a control point; ( b ) A control point is an operating position: ( 1 ) Which must be under the control and supervision of the licensee; ( 2 ) Where a person immediately responsible for the operation of the transmitter is stationed; ( 3 ) Where the monitoring facilities required by this part are installed. ( c ) Control point location. The location of the control point will be specified in the station license and will be assumed to be the same as that of the transmitting equipment unless an application for a different location has been approved by the Commission. ( d ) Control point facilities required. At each control point, the following facilities shall be installed: ( 1 ) A carrier-operated device which will provide continuous visual indication when the transmitter is radiating, or, a pilot lamp or meter which will provide continuous visual indication when the transmitter circuits have been placed in a condition to produce radiation. The provisions of this subparagraph shall not apply to hand-carried transmitters or transmitters installed on motorcycles. The control point for a transmitter utilized to activate another radio station may employ a single pilot lamp or meter as an indication of the activation of local and remote transmitters. ( 2 ) Facilities which will permit the person responsible for the operation of the transmitter either to disconnect the dispatch point circuits from the transmitter or to render the transmitter inoperative from any dispatch point under his supervision; and ( 3 ) Facilities which will permit the person responsible for the operation of the transmitter to turn the transmitter carrier on and off at will. ( e ) Dispatch point. A dispatch point is any position from which messages may be transmitted under the supervision of the person at a control point who is responsible for the operation of the transmitter. Dispatch points may be installed without authorization from the Commission. [ 43 FR 54791 , Nov. 22, 1978; 44 FR 67118 , Nov. 23, 1979, as amended at 48 FR 29517 , June 27, 1983] § 90.431 Unattended operation. No person is required to be in attendance at a station when transmitting during normal rendition of service and when either: ( a ) Transmitting for telemetering purposes; or, ( b ) Retransmitting by self-actuating means a radio signal received from another radio station or stations. § 90.433 Operator requirements. ( a ) No operator license or permit is required for the operation, maintenance, or repair of stations licensed under this part. ( b ) Any person, with the consent or authorization of the licensee, may employ stations in this service for the purpose of telecommunications. ( c ) The station licensee shall be responsible for the proper operation of the station at all times and is expected to provide observations, servicing and maintenance as often as may be necessary to ensure proper operation. All adjustments or tests during or coincident with the installation, servicing, or maintenance of the station should be performed by or under the immediate supervision and responsibility of a person certified as technically qualified to perform transmitter installation, operation, maintenance, and repair duties in the private land mobile services and fixed services by an organization or committee representative of users in those services. ( d ) The provisions of paragraph (b) of this section shall not be construed to change or diminish in any respect the responsibility of station licensees to have and to maintain control over the stations licensed to them (including all transmitter units thereof), or for the proper functioning and operation of those stations (including all transmitter units thereof), in accordance with the terms of the licenses of those stations. (Secs. 4(i) and 303(r), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(r) , and sec. 553 of the Administrative Procedures Act, 5 U.S.C. 553 ) [ 49 FR 20672 , May 16, 1984] § 90.437 Posting station licenses. ( a ) The current original authorization for each station shall be retained as a permanent part of the station records but need not be posted. ( b ) Entities authorized under this part must make available either a clearly legible photocopy of the authorization for each base or fixed station at a fixed location at every control point of the station or an address or location where the current authorization may be found. ( c ) An applicant operating under temporary authority in accordance with § 90.159 must post an executed copy of FCC Form 601 at every control point of the system or an address or location where the current executed copy may be found. [ 43 FR 54791 , Nov. 22, 1978, as amended at 45 FR 59884 , Sept. 11, 1980; 47 FR 41045 , Sept. 16, 1982; 47 FR 51883 , Nov. 18, 1982; 54 FR 4030 , Jan. 27, 1989; 59 FR 59965 , Nov. 21, 1994; 63 FR 68966 , Dec. 14, 1998] § 90.439 Inspection of stations. All stations and records of stations in these services shall be made available for inspection at any reasonable time and any time while the station is in operation upon reasonable request of an authorized representative of the Commission. § 90.441 Inspection and maintenance of antenna structure marking and associated control equipment. The owner of each antenna structure required to be painted and/or illuminated under the provisions of Section 303(q) of the Communications Act of 1934, as amended, shall operate and maintain the antenna structure painting and lighting in accordance with part 17 of this chapter . In the event of default by the owner, each licensee or permittee shall be individually responsible for conforming to the requirements pertaining to antenna structure painting and lighting. [ 61 FR 4369 , Feb. 6, 1996] § 90.443 Content of station records. Each licensee of a station in these services shall maintain records in accordance with the following: ( a ) For all stations, the results and dates of the transmitting measurements required by § 90.215 of this part and the name of the person or persons making the measurements. ( b ) For all stations, the dates and pertinent details of any maintenance performed on station equipment, and the name and address of the service technician who did the work. If all maintenance is performed by the same technician or service company, the name and address need be entered only once in the station records. ( c ) For private land stations that are interconnected with the public switched telephone network, the licensee must maintain a detailed description of how interconnection is accomplished. When telephone service costs are shared, at least one licensee participating in the cost sharing arrangement must maintain cost sharing records. A report of the cost distribution must be placed in the licensee's station records and made available to participants in the sharing and the Commission upon request. See § 90.477 . ( d ) For shared land stations, the records required by § 90.179 . [ 43 FR 54791 , Nov. 22, 1978, as amended at 48 FR 26621 , June 9, 1983; 48 FR 29518 , June 27, 1983; 50 FR 39681 , Sept. 30, 1985; 50 FR 40976 , Oct. 8, 1985; 61 FR 4369 , Feb. 6, 1996] § 90.445 Form of station records. ( a ) Station records shall be kept in an orderly manner, and in such detail that the data required are readily available. Key letters or abbreviations may be used if proper meaning or explanation is set forth in the record. ( b ) Each entry in the records of each station shall be signed by a person qualified to do so, having actual knowledge of the facts to be recorded. ( c ) No record or portion thereof shall be erased, obliterated, or wilfully destroyed within the required retention period. Any necessary correction may be made only by the person originating the entry, who shall strike out the erroneous portion, initial the correction made, and indicate the date of correction. § 90.447 Retention of station records. Records required by this part shall be retained by the licensee for at least one year. Subpart O—Transmitter Control § 90.460 Scope. This subpart sets forth the provisions relating to permissible methods of transmitter control and interconnection (see the definition in § 90.7 ) of radio systems authorized under this part. [ 44 FR 67124 , Nov. 23, 1979, as amended at 62 FR 18934 , Apr. 17, 1997] § 90.461 Direct and remote control of transmitters. ( a ) In general. Radio transmitters may be operated and controlled directly (as when the operating position for the transmitter and the transmitter being operated are at the same location), or remotely (as when the transmitter being operated and the position from which it is being operated are at different locations). ( b ) Control of transmitters at remote locations. Radio transmitters at remote locations may be operated and controlled through the use of wire line or radio links; or through dial-up circuits, as provided in paragraph (c) of this section. Such control links or circuits may be either those of the licensee or they may be provided by common carriers authorized by law to furnish such service. ( c ) Dial-up circuits. Dial-up circuits may be provided by wire line telephone companies under appropriate tariffs, and they may be used by licensees for purposes of transmitter control, provided: ( 1 ) The dial-up circuits serve only to link licensed transmitter control points and the transmitters being controlled. ( 2 ) The dial-up circuits are so designed that the transmitters being controlled cannot be operated from any fixed position other than the licensed control points for those transmitters. ( 3 ) Equipment used to provide the transmitter/dial-up-circuit interface is designed to preclude associated mobile units of the licensee from reaching any point(s) served by the wire line telephone facilities other than the control point(s) of the station(s) controlled. ( 4 ) Any direct electrical connection to the telephone network shall comply with applicable tariffs and with part 68 of the Commission's Rules (See § 90.5(j) ). ( 5 ) Interconnection, within the meaning of §§ 90.7 and 90.477 through 90.483 , may not take place at a control point which connects to its associated transmitter(s) through dial-up circuits; nor may such dial-up transmitter control circuits be used in conjunction with (or shared by) interconnection equipment. [ 43 FR 54791 , Nov. 22, 1978, as amended at 44 FR 67124 , Nov. 23, 1979; 60 FR 50123 , Sept. 28, 1995] § 90.463 Transmitter control points. ( a ) A control operator is required to be stationed at the operating position of a transmitter control point. A control operator is any person designated by the licensee to exercise supervision and control over the operation and use of the licensee's facilities. The control operator may be the licensee; or an employee of the licensee; or the agent of the licensee, appointed by the licensee to act as the control operator; or a third-party contractor, engaged by the licensee to serve as the control operator: Provided, however, In no case, through appointment or designation of any person to serve as control operator, may the licensee delegate any of the duties and responsibilities the licensee may have in his capacity as licensee. ( b ) Each station or licensed system of communication shall normally have a control point, or control points, at which the control operator or operators are stationed and at or from which the licensee may exercise supervision and control over the authorized facilities, as required by the provisions of § 90.461 . Provided, however, Control point requirements may vary from one system to another, depending upon the nature of the radio operation; the way and by whom the facilities are employed; and other factors, as set out in other rule sections under this subpart. ( c ) A transmitter control point may be located at a fixed position in a system of communication at or from which the control operator exercises supervision and control over the operation and use of the licensed facilities. Each fixed transmitter control point shall have equipment and facilities to permit the control operator: ( 1 ) To determine when the transmitter or transmitters controlled are either radiating “RF” energy, or when the transmitter circuits have been placed in a condition to produce such radiation. This may be accomplished either through the use of a carrier operated device which provides a visual indication when the transmitter(s) are radiating or a pilot lamp or meter which provides a visual indication when the transmitter circuits have been placed in a condition to produce radiation. Further, where a local transmitter is used to activate a remote transmitter or transmitters in the licensee's system of communication, a single pilot lamp or meter may be employed to indicate the activation of both the local and the remote transmitter(s). ( 2 ) To turn the carrier of the transmitter on and off at will, or to close the system down completely, when circumstances warrant such action. ( d ) The licensee's transmitting facilities may be operated from dispatch points, the fixed control point shall have equipment to permit the control operator to either disconnect the dispatch point circuits from the transmitter(s) or to render the transmitter(s) inoperative from any dispatch point being supervised. ( e ) Where the system is interconnected with public communication facilities, as provided at §§ 90.477 through 90.483 , and where those rules so require, the fixed control point shall be equipped to permit the control operator: ( 1 ) To monitor co-channel facilities of other licensees sharing an assigned channel or channels with the licensee in the licensee's area of operation; and, ( 2 ) To terminate any transmission(s) or communication(s) between points in the public communications system and the private communications system. ( f ) In urban areas, the location of fixed transmitter control points will be specified, “same as transmitter,” unless the control point is at a street address which is different from that of the transmitter(s) controlled. In rural areas, the location of fixed control points will be specified, “same as transmitter,” unless the control point is more than 152.5 m (500 ft) from the transmitter(s) controlled. In the latter case, the approximate location of the control point will be specified in distance and direction from the transmitter(s) controlled in terms of distance and geographical quadrant, respectively. It would be assumed that the location of a fixed control point is the same as the location of the transmitter(s) controlled, unless the applicant includes a request for a different location described in appropriate terms as indicated herein. ( g ) [Reserved] ( h ) Mobile transmitters shall be assumed to be under the immediate control of the mobile operator; provided, however, overall supervision and control of the operation and use of a communication system may be the responsibility of a fixed control point operator. In general, mobile transmitters shall be equipped to permit the operator to determine when they are radiating “RF” energy or when the transmitter circuits have been placed in a condition to produce such radiation. This may be accomplished either through the use of a carrier operated device or of a pilot lamp or meter which will provide a visual indication when the transmitter is radiating or has been placed in a condition to produce radiation provided, however, that hand-carried or pack-carried transmitters and transmitters installed on motorcycles need not be so equipped. [ 43 FR 54791 , Nov. 22, 1978; 44 FR 32220 , June 5, 1979; 44 FR 34134 , June 14, 1979, as amended at 44 FR 67125 , Nov. 23, 1979; 48 FR 29517 , June 27, 1983; 54 FR 39740 , Sept. 28, 1989; 58 FR 44960 , Aug. 25, 1993] § 90.465 Control of systems of communication. ( a ) Depending on design considerations, control of a system of communication may be exercised in varying ways. In single frequency simplex, base/mobile operations, control may be exercised by the control operator at the fixed control point. In mobile relay systems, where there is an associated control point or control station, control may be exercised by the operator at the control point or control station. In mobile-only systems, control may be exercised by the mobile operator. In communication systems involving multiple base stations or fixed relays control of the system may result from a combination of factors and considerations, including control by a fixed control point operator at some point within the system of communication or control by the mobile station operator of the licensee. ( b ) In internal systems, as defined in § 90.7 , control may be maintained by conforming the system to the requirements of §§ 90.471 through 90.475 . ( c ) In interconnected systems, as defined in § 90.7 , control may be maintained by conforming operation and system design to that permitted in §§ 90.477 through 90.483 . [ 43 FR 54791 , Nov. 22, 1978, as amended at 54 FR 39740 , Sept. 28, 1989; 72 FR 35199 , June 27, 2007] § 90.467 Dispatch points. Dispatch points meeting the requirements of this section need not be specifically authorized; provided, however, that the licensee of any radio station operated from a dispatch point or points shall assume full responsibility for the use and operation of the authorized facilities in compliance with all applicable provisions of law or rule and shall comply with the policy: ( a ) A dispatch point may be linked to the transmitter(s) being operated by private or leased wire line of fixed radio circuits, provided the requirements of § 90.463 are met. ( b ) No telephone position in the public, switched, telephone network will be treated as a dispatch point within the meaning or intent of this section. ( c ) Operation of transmitting facilities from dispatch points is permitted only when the control operator at a fixed control point in the system is on duty and at no other time. § 90.469 Unattended operation. ( a ) Subject to the provisions of §§ 90.243 , 90.245 , and 90.247 , mobile relay, fixed relay, and mobile repeater stations are authorized for unattended operation; and the transmitter control point requirements set out at §§ 90.463 through 90.465 shall not apply. ( b ) Self-activated transmitters may be authorized for unattended operation where they are activated by either electrical or mechanical devices, provided the licensee adopts reasonable means to guard against malfunctions and harmful interference to other users. Internal Transmitter Control Systems § 90.471 Points of operation in internal transmitter control systems. The transmitting facilities of the licensee may be operated from fixed positions located on premises controlled by the licensee. The fixed position may be part of a private telephone exchange or it may be any position in a closed or limited access communications facility intended to be used by employees of the licensee for internal communications and transmitter control purposes. Operating positions in internal transmitter control systems are not synonymous with dispatch points (See § 90.467 ) nor with telephone positions which are part of the public, switched telephone network; and the scheme of regulation is to be considered and treated as being different. See §§ 90.485 through 90.489 . [ 44 FR 67125 , Nov. 23, 1979] § 90.473 Operation of internal transmitter control systems through licensed fixed control points. An internal transmitter control system may be operated under the control and supervision of a control operator stationed at a fixed control point in the system. In such a case, the control point must be equipped to permit the control operator to monitor all traffic to and from fixed positions and mobile stations or paging units of the licensee; and the system shall be so designed to permit the control operator to either disconnect any operating position in the internal system from the transmitter control circuit or to close the system down entirely at will. [ 44 FR 67125 , Nov. 23, 1979] § 90.475 Operation of internal transmitter control systems in specially equipped systems. ( a ) An internal transmitter control system need not be designed to meet the requirements of § 90.473 if it meets the following requirements: ( 1 ) All operating positions must be located on premises controlled by the licensee. ( 2 ) An internal transmitter control system may be used in conjunction with other approved methods of transmitter control and interconnection so long as the internal transmitter control system, itself, is neither accessed from telephone positions in the public switched telephone network (PSTN), nor uses dial-up circuits in the PSTN. Licensees with complex communications systems involving fixed systems whose base stations are controlled by such systems may automatically access these base stations through the microwave or operational fixed systems from positions in the PSTN, so long as the base stations and mobile units meet the requirements of § 90.483 and if a separate circuit is provided for each mode of transmitter operation ( i.e. , conventional, dial-up or Internet). ( 3 ) The system must be designed so that upon completion of a transmission, the base station transmitter(s) will close down automatically within 3 seconds. ( 4 ) To guard against malfunctions, the system must also be designed so that the base station(s) will be deactivated by an automatic timing device when a modulated signal is not transmitted for a period of three (3) consecutive minutes. ( 5 ) The system must include automatic monitoring equipment, installed at the base station transmitter site(s), which will prevent the activation of the system when signals of other co-channel stations are present. ( b ) [Reserved] [ 43 FR 54791 , Nov. 22, 1978, as amended at 44 FR 67125 , Nov. 23, 1979; 47 FR 17521 , Apr. 23, 1982; 72 FR 35199 , June 27, 2007] Interconnected Systems § 90.476 Interconnection of fixed stations and certain mobile stations. ( a ) Fixed stations and mobile stations used to provide the functions of fixed stations pursuant to the provisions of §§ 90.35(c)(11) , 90.35(c)(42) , and 90.267 are not subject to the interconnection provisions of §§ 90.477 and 90.483 and may be interconnected with the facilities of common carriers. ( b ) Mobile stations used to provide the functions of base and mobile relay stations pursuant to the provisions of §§ 90.35(c)(11) , 90.35(c)(42) , and 90.267 are not subject to the provisions of § 90.477(d)(3) and may be interconnected with the facilities of common carriers subject to the provisions of §§ 90.477(d)(1) , 90.477(d)(2) , 90.477(e) , and 90.483 . ( c ) The provisions of this section do not apply to commercial mobile radio service providers, as defined in part 20 of this chapter . [ 50 FR 15152 , Apr. 17, 1985, as amended at 59 FR 59965 , Nov. 21, 1994; 62 FR 18934 , Apr. 17, 1997] § 90.477 Interconnected systems. ( a ) Applicants for new land stations to be interconnected with the public switched telephone network must indicate on their applications (class of station code) that their stations will be interconnected. Licensees of land stations that are not interconnected may interconnect their stations with the public switched telephone network only after modifying their license. See § 1.929 of this chapter . In all cases a detailed description of how interconnection is accomplished must be maintained by licensees as part of their station records. See § 90.433 of this part . ( b ) In the frequency ranges 806-824 MHz, 851-869 MHz, 896-901 MHz, and 935-940 MHz, interconnection with the public switched telephone network is authorized under the following conditions: ( 1 ) Interconnected operation is on a secondary basis to dispatch operation. This restriction will not apply to trunked systems or on any channel assigned exclusively to one licensee. ( 2 ) Interconnection may be accomplished at any location through a separate or shared interconnection device. When land stations subject to this part are multiple licensed or shared by authorized users, arrangements for telephone service must be made with a duly authorized carrier by users, licensees, or their authorized agents on a non-profit cost sharing basis. When telephone service costs are shared, at least one licensee participating in the cost sharing arrangement must maintain cost sharing records and the costs must be distributed at least once a year. Licensees, users, or their authorized agents may also make joint use arrangements with a duly authorized carrier and arrange that each licensee or user pay the carrier directly for the licensee's or user's share of the joint use of the shared telephone service. A report of the cost distribution must be placed in the licensee's station records and made available to participants in the sharing and the Commission upon request. In all cases, arrangements with the duly authorized carrier must disclose the number of licensees and users and the nature of the use. ( c ) Interconnection of facilities in the Radiolocation Service (subpart F) will not be permitted. ( d ) In the frequency ranges below 800 MHz, interconnection with the public switched telephone network is authorized under the following conditions: ( 1 ) Interconnected operation is on a secondary basis to dispatch operation. This restriction will not apply to trunked systems or on any channel assigned exclusively to one licensee. ( 2 ) Interconnection may be accomplished at any location through a separate or shared interconnection device. When land stations subject to this part are multiple licensed or shared by authorized users, arrangements for telephone service must be made with a duly authorized carrier by users, licensees, or their authorized agents on a non-profit cost sharing basis. When telephone service costs are shared, at least one licensee participating in the cost sharing arrangement must maintain cost sharing records and the costs must be distributed at least once a year. Licensees, users, or their authorized agents may also make joint use arrangements with a duly authorized carrier and arrange that each licensee or user pay the carrier directly for the licensee's or user's share of the joint use of the shared telephone service. A report of the cost distribution must be placed in the licensee's station records and made available to participants in the sharing and the Commission upon request. In all cases, arrangements with the duly authorized carrier must disclose the number of licensees and users and the nature of the use. ( 3 ) For licensees in the Industrial/Business Pool and those licensees who establish eligibility pursuant to § 90.20(a)(2) of this part , except for §§ 90.20(a)(2)(i) and 90.20(a)(2)(ii) of this part and medical emergency systems in the 450-470 MHz band, interconnection will be permitted only where the base station site or sites proposed stations are located 120 km (75 mi.) or more from the designated centers of the urbanized areas listed below. If these licensees seek to connect within 120 km (75 mi.) of the 25 cities, they must obtain the consent of all co-channel licensees located both within 120 km (75 mi.) of the center of the city; and within 120 km (75 mi.) of the interconnected base station transmitter. The consensual agreements among the co-channel licensees must specifically state the terms agreed upon and a statement must be submitted to the Commission indicating that all co-channel licensees have consented to the use of interconnection. If a licensee has agreed to the use of interconnection on the channel, but later decides against the use of interconnection, the licensee may request that the co-channel licensees reconsider the use of interconnection. If the licensee is unable to reach an agreement with co-channel licensees, the licensee may request that the Commission consider the matter and assign it to another channel. If a new licensee is assigned to a frequency where all the co-channel licensees have agreed to the use of interconnection and the new licensee does not agree, the new licensee may request that the co-channel licensees reconsider the use of interconnection. If the new licensee cannot reach an agreement with co-channel licensees it may request that the Commission reassign it to another channel. Note: Coordinates are referenced to North American Datum 1983 (NAD83). Urban area North latitude West longitude New York, New York-Northeastern New Jersey 40°45′06.4″ 73°59′37.5″ Los Angeles-Long Beach, California 34°03′15.0″ 118°14′31.3″ Chicago, Illinois-Northwestern Indiana 41°52′28.1″ 87°38′22.2″ Philadelphia, Pennsylvania/New Jersey 39°56′58.4″ 75°09′19.6″ Detroit, Michigan 42°19′48.1″ 83°02′56.7″ San Francisco-Oakland, California 37°46′38.7″ 122°24′43.9″ Boston, Massachusetts 42°21′24.4″ 71°03′23.2″ Washington, DC/Maryland/Virginia 38°53′51.4″ 77°00′31.9″ Cleveland, Ohio 41°29′51.2″ 81°41′49.5″ St Louis, Missouri/Illinois 38°37′45.2″ 90°12′22.4″ Pittsburgh, Pennsylvania 40°26′19.2″ 79°59′59.2″ Minneapolis-St. Paul, Minnesota 44°58′56.9″ 93°15′43.8″ Houston, Texas 29°45′26.8″ 95°21′37.8″ Baltimore, Maryland 39°17′26.4″ 76°36′43.9″ Dallas-Fort Worth, Texas 32°47′09.5″ 96°47′38.0″ Milwaukee, Wisconsin 43°02′19.0″ 87°54′15.3″ Seattle-Everett, Washington 47°36′31.4″ 122°20′16.5″ Miami, Florida 25°46′38.4″ 80°11′31.2″ San Diego, California 32°42′53.2″ 117°09′24.1″ Atlanta, Georgia 33°45′10.4″ 84°23′36.7″ Cincinnati, Ohio/Kentucky 39°06′07.2″ 84°30′34.8″ Kansas City, Missouri/Kansas 39°04′56.0″ 94°35′20.8″ Buffalo, New York 42°52′52.2″ 78°52′20.1″ Denver, Colorado 39°44′58.0″ 104°59′23.9″ San Jose, California 37°20′15.8″ 121°53′27.8″ ( e ) Additional frequencies shall not be assigned to enable any licensee to employ a preferred interconnection capability. ( f ) Paging systems operating on frequencies in the bands below 800 MHz are not subject to the interconnection provisions of § 90.477(d)(3) . [ 47 FR 17520 , Apr. 23, 1982, as amended at 48 FR 29518 , June 27, 1983; 50 FR 15152 , Apr. 17, 1985; 51 FR 14998 , Apr. 22, 1986; 51 FR 37401 , Oct. 22, 1986; 52 FR 15501 , Apr. 29, 1987; 52 FR 29856 , Aug. 12, 1987; 53 FR 1025 , Jan. 15, 1988; 58 FR 44961 , Aug. 25, 1993; 61 FR 6576 , Feb. 21, 1996; 62 FR 18934 , Apr. 17, 1997; 63 FR 68966 , Dec. 14, 1998] § 90.483 Permissible methods and requirements of interconnecting private and public systems of communications. Interconnection may be accomplished by commercial mobile service providers licensed under this part by any technically feasible means. Interconnection may be accomplished by private mobile service providers either manually or automatically under the supervision and control of a transmitter control operator at a fixed position in the authorized system of communications or it may be accomplished under the supervision and control of mobile operators, and is subject to the following provisions: ( a ) Where a system is interconnected manually at a fixed control point, the control point operator must maintain the capability to turn the carrier of the transmitter off or to de-activate the system completely when circumstances warrant such action. ( b ) When the system is interconnected automatically it may be supervised at the control point or in mobile units. ( 1 ) For control point supervision, the following is required: ( i ) The control point operator must maintain the capability to turn the carrier of the transmitter off or to de-activate the system completely when circumstances warrant such action. ( ii ) When a frequency is shared by more than one system, automatic monitoring equipment must be installed at the base station to prevent activation of the transmitter when signals of co-channel stations are present and activation would interfere with communications in progress. Licensees may operate without the monitoring equipment if they have obtained the consent of all co-channel licensees located within a 120 kilometer (75 mile) radius of the interconnected base station transmitter. A statement must be submitted to the Commission indicating that all co-channel licensees have consented to operate without the monitoring equipment. If a licensee has agreed that the use of monitoring equipment is not necessary, but later decides that the monitoring equipment is necessary, the licensee may request that the co-channel licensees reconsider the use of monitoring equipment. If the licensee cannot reach an agreement with co-channel licensees, the licensee may request that the Commission consider the matter and assign it to another channel. If a new licensee is assigned to a frequency where all the co-channel licensees have agreed that the use of monitoring equipment is not necessary, and the new licensee does not agree, the new licensee may request the co-channel licensees to reconsider the use of monitoring equipment. If the new licensee cannot reach an agreement with co-channel licensees, it should request a new channel from the Commission. Systems on frequencies above 800 MHz are exempt from this requirement. ( 2 ) For mobile unit supervision, the following is required: ( i ) When a frequency is shared by more than one system, automatic monitoring equipment must be installed at the base station to prevent activation of the transmitter when signals of co-channel stations are present and activation would interfere with communications in progress. Licensees may operate without this equipment if they have obtained the consent of all co-channel licensees located within a 120 kilometer (75 mile) radius of the interconnected base station transmitter. A statement must be submitted to the Commission indicating that all co-channel licensees have consented to operate without the monitoring equipment. If a licensee has agreed that the use of monitoring equipment is not necessary, but later decides that the monitoring equipment is necessary, the licensee may request that the co-channel licensees reconsider the use of monitoring equipment. If the licensee cannot reach an agreement with co-channel licensees, the licensee may request that the Commission consider the matter and assign it to another channel. If a new licensee is assigned to a frequency where all the co-channel licensees have agreed that the use of monitoring equipment is not necessary, and the new licensee does not agree, the new licensee may request the co-channel licensees to reconsider the use of monitoring equipment. If the new licensee cannot reach an agreement with co-channel licensees, it should request a new channel from the Commission. Systems on frequencies above 800 MHz are exempt from this requirement. ( ii ) Initial access points within the public switched telephone network must be limited to transmission of a 3-second tone, after which time the transmitter shall close down. No additional signals may be transmitted until acknowledgement from a mobile station of the licensee is received. Licensees are exempt from this requirement if they have obtained the consent of all co-channel licensees located within a 120 kilometer (75 mile) radius of the interconnected base station transmitter. However, licensees may choose to set their own time limitations. A statement must be submitted to the Commission indicating that all co-channel licensees have consented to operate without the monitoring equipment. If a licensee has agreed that the use of monitoring equipment is not necessary, but later decides that the monitoring equipment is necessary, the licensee may request that the co-channel licensees reconsider the use of monitoring equipment. If the licensee cannot reach an agreement with co-channel licensees, the licensee may request that the Commission consider the matter and assign it to another channel. If a new licensee is assigned to a frequency where all the co-channel licensees have agreed that the use of monitoring equipment is not necessary, and the new licensee does not agree, the new licensee may request the co-channel licensees to reconsider the use of monitoring equipment. If the new licensee cannot reach an agreement with co-channel licensees, it should request a new channel from the Commission. Systems on frequencies above 800 MHz are exempt from this requirement. ( c ) In single frequency systems, equipment must be installed at the base station which will limit any single transmission from within the public switched telephone network to 30 seconds duration and which in turn will activate the base station receiver to monitor the frequency for a period of not less than three (3) seconds. The mobile station must be capable of terminating the communications during the three (3) seconds. Licensees are exempt from this requirement if they have obtained the consent of all co-channel licensees located within a 120 km (75 mile) radius of the interconnected base station transmitter. However, licensees may choose to set their own time limitations. A statement must be submitted to the Commission indicating that all co-channel licensees have consented to operate without the monitoring equipment. If a licensee has agreed that the use of monitoring equipment is not necessary, but later decides that the monitoring equipment is necessary, the licensee may request that the co-channel licensees reconsider the use of monitoring equipment. If the licensee cannot reach an agreement with co-channel licensees, the licensee may request that the Commission consider the matter and assign it another channel. If a new licensee is assigned to a frequency where all the co-channel licensees have agreed that the use of monitoring equipment. If the new licensee cannot reach an agreement with co-channel licensees, it should request a new channel from the Commission. ( d ) A timer must be installed at the base station transmitter which limits communications to three (3) minutes. After three (3) minutes, the system must close down, with all circuits between the base station and the public switch telephone network disconnected. This provision does not apply to systems which establish eligibility pursuant to §§ 90.20(a)(1)(i) , 90.20(a)(1)(ii) , and 90.20(a)(2) , except §§ 90.20(a)(2)(i) and 90.20(a)(2)(ii) , or who are Power, Petroleum, or Railroad licensees (as defined in § 90.7 ), or to systems above 800 MHz. All systems must be equipped with a timer that closes down the transmitter within three minutes of the last transmission. Licensees may operate without these requirements if they have obtained the consent of all co-channel licensees located within a 120 km (75 mile) radius of the interconnected base station transmitter. However, licensees may choose to set their own time limitations. A statement must be submitted to the Commission indicating that all co-channel licensees have consented to operate without the monitoring equipment. If a licensee has agreed that the use of monitoring equipment is not necessary, but later decides that the monitoring equipment is necessary, the licensee may request that the co-channel licensees reconsider the use of monitoring equipment. If the licensee cannot reach an agreement with co-channel licensees, the licensee may request that the Commission consider the matter and assign it to another channel. If a new licensee is assigned to a frequency where all the co-channel licensees have agreed that the use of monitoring equipment is not necessary, and the new licensee does not agree, the new licensee may request the co-channel licensees to reconsider the use of monitoring equipment. If the new licensee cannot reach an agreement with co-channel licensees, it should request a new channel from the Commission. [ 47 FR 17520 , Apr. 23, 1982, as amended at 48 FR 29518 , June 27, 1983; 50 FR 15153 , Apr. 17, 1985; 58 FR 44961 , Aug. 25, 1993; 59 FR 59966 , Nov. 21, 1994; 61 FR 6576 , Feb. 21, 1996; 62 FR 18934 , Apr. 17, 1997; 72 FR 35199 , June 27, 2007] Subpart P—Paging Operations § 90.490 One-way paging operations in the private services. ( a ) Subject to specific prohibition or restriction by rule provisions governing the radio service in which a licensee's radio system is authorized, paging operations are permitted: ( 1 ) Where the signals and messages are transmitted by a control operator of the licensee stationed at a licensed control point in the licensee's system of communication. ( 2 ) Where the signals and messages are transmitted from an operating position within an internal system of communication which meets the tests of §§ 90.471 through 90.475 . ( 3 ) Where the signals and messages are transmitted from a dispatch point within the licensee's system of communication, as defined as § 90.7 . ( b ) Systems employing dial-up circuits ( § 90.461(c) ) may be used in one-way paging operations, but only where the paging signals are transmitted as provided at paragraph (a)(1) of this section. ( c ) Paging may be initiated directly from telephone positions in the public switched telephone network. When land stations are multiple licensed or otherwise shared by authorized users, arrangements for the telephone service must be made with a duly authorized carrier by users, licensees, or their authorized agents on a non-profit, cost-shared basis. When telephone service costs are shared, at least one licensee participating in the cost sharing arrangements must maintain cost sharing records and the costs must be distributed at least once a year. Licensees, users, or their authorized agents may also make joint use arrangements with a duly authorized carrier and arrange that each licensee or user pay the carrier directly for the licensee's or user's share of the joint use of the shared telephone service. A report of the cost distribution must be placed in the licensee's station records and made available to participants in the sharing arrangement and the Commission upon request. In all cases, arrangements with the duly authorized carrier must disclose the number of licensees and users and the nature of the use. [ 47 FR 39509 , Sept. 8, 1982, as amended at 48 FR 56231 , Dec. 20, 1983; 52 FR 15501 , Apr. 29, 1987] § 90.492 One way paging operations in the 806-824/851-869 MHz and 896-901/935-940 MHz bands. Paging operations are permitted in these bands only in accordance with §§ 90.645(e) and (f) . [ 54 FR 4030 , Jan. 27, 1989] § 90.493 Paging operations on exclusive channels in the 929-930 MHz band. Paging operations on the exclusive channels in the 929-930 MHz band are subject to the rules set forth in this section. ( a ) Exclusive channels. The center frequencies of the channels in the 929-930 MHz band that may be assigned on an exclusive basis are as follows: 929.0125, 929.1125, 929.1375, 929.1875, 929.2125, 929.2375, 929.2875, 929.3125, 929.3375, 929.3625, 929.3875, 929.4125, 929.4375, 929.4625, 929.4875, 929.5125, 929.5375, 929.5625, 929.5875, 929.6125, 929.6375, 929.6625, 929.6875, 929.7125, 929.7375, 929.7625, 929.7875, 929.8125, 929.8375, 929.8625, 929.8875, 929.9125, 929.9375, 929.9625, and 929.9875 MHz. ( b ) Part 22 licensing, construction and operation rules apply. Licensing, construction and operation of paging stations on the exclusive channels in the 929-930 MHz band are subject to the application filing, licensing procedure, auction procedure, construction, operation and notification rules and requirements that are set forth in part 22 of this chapter for paging stations operating in the 931-932 MHz band, instead of procedures elsewhere in this part. ( c ) Part 22 power limits apply; type acceptance required. Paging operations on the exclusive channels in the 929-930 MHz band are subject to the transmitting power limits set forth in part 22 of this chapter for paging stations operating in the 931-932 MHz band, instead of power limits elsewhere in this part. Transmitters used on the exclusive channels in the 929-930 MHz band must be of a type accepted under either part 22 of this chapter or this part (or both). [ 62 FR 11636 , Mar. 12, 1997] § 90.494 Paging operations on shared channels in the 929-930 MHz band. ( a ) This section applies to licensing of paging stations on the shared (non-exclusive) channels in the 929-930 MHz band. The center frequencies of these channels are listed in paragraph (b) of this section. ( b ) The following frequencies are available to all eligible part 90 users for one-way paging systems on a shared basis only and will not be assigned for the exclusive use of any licensee. 929.0375 929.0625 929.0875 929.1625 929.2625 ( c ) All frequencies listed in this section may be used to provide one-way paging communications to persons eligible for licensing under subpart B or C of this part , representatives of Federal Government agencies, individuals, and foreign governments and their representatives. The provisions of § 90.173(b) apply to all frequencies listed in this section. ( d ) Licensees on these frequencies may utilize any type of paging operation desired (tone only, tone-voice, digital, tactile, optical readout, etc.). ( e ) There shall be no minimum or maximum loading standards for these frequencies. ( f ) The effective radiated power for base stations providing paging service on the shared channels must not exceed 3500 watts. [ 58 FR 62291 , Nov. 26, 1993, as amended at 59 FR 59966 , Nov. 21, 1994; 61 FR 8483 , Mar. 5, 1996; 62 FR 11637 , Mar. 12, 1997; 62 FR 18934 , Apr. 17, 1997; 66 FR 57885 , Nov. 19, 2001] Subpart Q [Reserved] Subpart R—Regulations Governing the Licensing and Use of Frequencies in the 763-775 and 793-805 MHz Bands Source: 63 FR 58651 , Nov. 2, 1998, unless otherwise noted. § 90.521 Scope. This subpart sets forth the regulations governing the licensing and operations of all systems operating in the 758-775 MHz and 788-805 MHz frequency bands. It includes eligibility, operational, planning and licensing requirements and technical standards for stations licensed in these bands. The rules in this subpart are to be read in conjunction with the applicable requirements contained elsewhere in this part; however, in case of conflict, the provisions of this subpart shall govern with respect to licensing and operation in these frequency bands. [ 63 FR 58651 , Nov. 2, 1998, as amended at 72 FR 48860 , Aug. 24, 2007; 77 FR 62463 , Oct. 15, 2012] § 90.523 Eligibility. This section implements the definition of public safety services contained in 47 U.S.C. 337(f)(1) . The following are eligible to hold Commission authorizations for systems operating in the 769-775 MHz and 799-805 MHz frequency bands: ( a ) State or local government entities. Any territory, possession, state, city, county, town, or similar State or local governmental entity is eligible to hold authorizations in the 769-775 MHz and 799-805 MHz frequency bands. ( b ) Nongovernmental organizations. A nongovernmental organization (NGO) that provides services, the sole or principal purpose of which is to protect the safety of life, health, or property, is eligible to hold an authorization for a system operating in the 769-775 MHz and 799-805 MHz frequency bands for transmission or reception of communications essential to providing such services if (and only for so long as) the NGO applicant/licensee: ( 1 ) Has the ongoing support (to operate such system) of a state or local governmental entity whose mission is the oversight of or provision of services, the sole or principal purpose of which is to protect the safety of life, health, or property; ( 2 ) Operates such authorized system solely for transmission of communication essential to providing services the sole or principal purpose of which is to protect the safety of life, health, or property; and ( 3 ) All applications submitted by NGOs must be accompanied by a new, written certification of support (for the NGO applicant to operate the applied-for system) by the state or local governmental entity referenced in paragraph (b)(1) of this section. ( c ) All NGO authorizations are conditional. NGOs assume all risks associated with operating under conditional authority. Authorizations issued to NGOs to operate systems in the 769-775 MHz and 799-805 MHz frequency bands include the following condition: If at any time the supporting governmental entity (see paragraph (b)(1) of this section) notifies the Commission in writing of such governmental entity's termination of its authorization of a NGO's operation of a system in the 769-775 MHz and 799-805 MHz frequency bands, the NGO's application shall be dismissed automatically or, if authorized by the Commission, the NGO's authorization shall terminate automatically. ( d ) Paragraphs (a) and (b) of this section notwithstanding, no entity is eligible to hold an authorization for a system operating in the 769-775 MHz and 799-805 MHz frequency bands on the basis of services, the sole or principal purpose of which is to protect the safety of life, health or property, that such entity makes commercially available to the public. ( e ) A nationwide license for the 758-769 MHz and 788-799 MHz bands shall be issued to the First Responder Network Authority. [ 63 FR 58651 , Nov. 2, 1998, as amended at 65 FR 53645 , Sept. 5, 2000; 72 FR 48860 , Aug. 24, 2007; 79 FR 600 , Jan. 6, 2014; 81 FR 66832 , Sept. 29, 2016] § 90.525 Administration of interoperability channels. ( a ) States are responsible for administration of the Interoperability channels in the 769-775 MHz and 799-805 MHz frequency bands. Base and control stations must be licensed individually. A public safety entity meeting the requirements of § 90.523 may operate mobile or portable units on the Interoperability channels in the 769-775 MHz and 799-805 MHz frequency bands without a specific authorization from the Commission provided it holds a part 90 license. All persons operating mobile or portable units under this authority are responsible for compliance with part 90 of these rules and other applicable federal laws. ( b ) License applications for Interoperability channels in the 769-775 MHz and 799-805 MHz frequency bands must be approved by a state-level agency or organization responsible for administering state emergency communications. States may hold the licenses for Interoperability channels or approve other qualified entities to hold such licenses. States may delegate the approval process for interoperability channels to another entity, such as regional planning committees. [ 72 FR 48860 , Aug. 24, 2007] § 90.527 Regional plan requirements. Each regional planning committee must submit a regional plan for approval by the Commission. ( a ) Common elements. Regional plans must incorporate the following common elements: ( 1 ) Identification of the document as the regional plan for the defined region with the names, business addresses, business telephone numbers, and organizational affiliations of the chairpersons and all members of the planning committee. ( 2 ) A summary of the major elements of the plan and an explanation of how all eligible entities within the region were given an opportunity to participate in the planning process and to have their positions heard and considered fairly. ( 3 ) A general description of how the spectrum would be allotted among the various eligible users within the region with an explanation of how the requirements of all eligible entities within the region were considered and, to the degree possible, met. ( 4 ) An explanation as to how needs were assigned priorities in areas where not all eligible entities could receive licenses. ( 5 ) An explanation of how the plan had been coordinated with adjacent regions. ( 6 ) A detailed description of how the plan put the spectrum to the best possible use by requiring system design with minimum coverage areas, by assigning frequencies so that maximum frequency reuse and offset channel use may be made, by using trunking, and by requiring small entities with minimal requirements to join together in using a single system where possible. ( 7 ) A detailed description of the future planning process, including, but not limited to, amendment process, meeting announcements, data base maintenance, and dispute resolution. ( 8 ) A certification by the regional planning chairperson that all planning committee meetings, including subcommittee or executive committee meetings, were open to the public. ( b ) Modification of regional plans. Regional plans may be modified by submitting a written request, signed by the regional planning committee, to the Chief, Public Safety and Homeland Security Bureau. The request must contain the full text of the modification. Modifications are considered either major or minor. Regional planning committees must certify that successful coordination with all adjacent regions has occurred for major modifications and that all such regions concur with the major modification. Unless requested otherwise by the regional planning committee, the Bureau will only place major modifications on public notice for comment. ( 1 ) Except as noted below, modifications changing the way channels are allocated, allotted or coordinated are considered major modifications. ( 2 ) Modifications changing how channels are allotted are considered minor modifications only if: ( i ) The proposed channel change or channel addition involves a facility located more than seventy miles from the adjacent region border; ( ii ) The co-channel or adjacent channel interference contour of the facility changing or adding the channel does not intersect the border of an adjacent region, or ( iii ) The proposed channel change or channel addition has been coordinated in writing with any affected adjacent region. ( 3 ) Changes in membership or leadership of regional planning committees are considered minor modifications. [ 63 FR 58651 , Nov. 2, 1998, as amended at 79 FR 39339 , July 10, 2014] § 90.529 State License. ( a ) Narrowband channels designated as state channels in § 90.531 are licensed to each state (as defined in § 90.7 ) as follows: ( 1 ) Each state that chooses to take advantage of the spectrum designated as state channels must file an application for up to 2.4 megahertz of this spectrum no later than December 31, 2001. For purposes of this section, the elected chief executive (Governor) of each state, or his or her designee, shall be deemed the person authorized to apply for the State License. ( 2 ) What ever part of this 2.4 megahertz that a state has not applied for by December 31, 2001, will revert to General Use and be administered by the relevant RPC (or RPCs in the instances of states that encompass multiple RPCs). ( b ) Each state license will be granted subject to the condition that the state certifies on or before each applicable benchmark date that it is: ( 1 ) Providing or prepared to provide “substantial service” to one-third of their population or territory by June 13, 2014, i.e., within five years of the date that incumbent broadcasters are required to relocate to other portions of the spectrum; ( 2 ) Providing or prepared to provide “substantial service” to two-thirds of their population or territory by June 13, 2019, i.e., within ten years of the date that incumbent broadcasters are required to relocate to other portions of the spectrum. ( c ) The Commission will deem a state “prepared to provide substantial service” if the licensee certifies that a radio system has been approved and funded for implementation by the deadline date. “Substantial service” refers to the construction and operation of 700 MHz facilities by public safety entities providing service which is sound, favorable , and substantially above a level of mediocre service which just might minimally warrant renewal. ( d ) If a state licensee fails to meet any condition of the grant the state license is modified automatically to the frequencies and geographic areas where the state certifies that it is providing substantial service. ( e ) Any recovered state license spectrum will revert to General Use. However, spectrum licensed to a state under a state license remains unavailable for reassignment to other applicants until the Commission's database reflects the parameters of the modified state license. [ 65 FR 66654 , Nov. 7, 2000, as amended at 79 FR 20106 , Apr. 11, 2014] § 90.531 Band plan. This section sets forth the band plan for the 758-775 MHz and 788-805 MHz public safety bands. ( a ) Base and mobile use. The 763-775 MHz band may be used for base, mobile or fixed (repeater) transmissions. The 793-805 MHz band may be used only for mobile or fixed (control) transmissions. ( b ) Narrowband segments. There are two band segments that are designated for use with narrowband emissions. Each of these narrowband segments is divided into 960 channels having a channel size of 6.25 kHz as follows: Frequency range Channel Nos. 769-775 MHz 1-960 799-805 MHz 961-1920 ( 1 ) Narrowband interoperability channels. The following narrowband channels are designated for nationwide interoperability licensing and use: 23, 24, 39, 40, 63, 64, 79, 80, 103, 104, 119, 120,143, 144, 159, 160, 183, 184, 199, 200, 223, 224, 239, 240, 263, 264, 279, 280, 303, 304, 319, 320, 641, 642, 657, 658, 681, 682, 697, 698, 721, 722, 737, 738, 761, 762, 777, 778, 801, 802, 817, 818, 841, 842, 857, 858, 881, 882, 897, 898, 921, 922, 937, 938, 983, 984, 999, 1000, 1023, 1024, 1039, 1040, 1063, 1064, 1079, 1080, 1103, 1104, 1119, 1120, 1143, 1144, 1159, 1160, 1183, 1184, 1199, 1200, 1223, 1224, 1239, 1240, 1263, 1264, 1279, 1280, 1601, 1602, 1617, 1618, 1641, 1642, 1657, 1658, 1681, 1682, 1697, 1698, 1721, 1722, 1737, 1738, 1761, 1762, 1777, 1778, 1801, 1802, 1817, 1818, 1841, 1842, 1857, 1858, 1881, 1882, 1897, 1898. ( i ) Narrowband data Interoperability channels. The following channel pairs are reserved nationwide for data transmission on a primary basis: 279/1239, 280/1240, 921/1881, and 922/1882. Voice operations are permitted on these channels on a secondary basis. ( ii ) Narrowband calling Interoperability channels. The following channel pairs are dedicated nationwide for the express purpose of Interoperability calling only: 39/999, 40/1000, 681/1641, and 682/1642. They may not be used primarily for routine, day-to-day communications. Encryption is prohibited on the designated calling channels. ( iii ) Narrowband trunking Interoperability channels. The following Interoperability channel pairs may be used in trunked mode on a secondary basis to conventional Interoperability operations: 23/983, 24/984, 103/1063, 104/1064, 183/1143, 184/1144, 263/1223, 264/1224, 657/1617, 658/1618, 737/1697, 738/1698, 817/1777, 818/1778, 897/1857, 898/1858. For every ten general use channels trunked at a station, entities may obtain a license to operate in the trunked mode on two of the above contiguous Interoperability channel pairs. The maximum number of Interoperability channel pairs that can be trunked at any one location is eight. ( 2 ) Narrowband General Use Reserve channels. The following narrowband channels are designated for General Use subject to Commission approved regional planning committee regional plans and technical rules applicable to General Use channels: 37, 38, 61, 62, 77, 78, 117, 118, 141, 142, 157, 158, 197, 198, 221, 222, 237, 238, 277, 278, 301, 302, 317, 318, 643, 644, 683, 684, 699, 700, 723, 724, 763, 764, 779, 780, 803, 804, 843, 844, 859, 860, 883, 884, 923, 924, 939, 940, 997, 998, 1021, 1022, 1037, 1038, 1077, 1078, 1101, 1102, 1117, 1118, 1157, 1158, 1181, 1182, 1197, 1198, 1237, 1238, 1261, 1262, 1277, 1278, 1603, 1604, 1643, 1644, 1659, 1660, 1683, 1684, 1723, 1724, 1739, 1740, 1763, 1764, 1803, 1804, 1819, 1820, 1843, 1844, 1883, 1884, 1899, 1900. ( i ) T-Band Relocation. The narrowband channels established in paragraph (b)(2) are designated for priority access by public safety incumbents relocating from the 470-512 MHz band in the urban areas specified in §§ 90.303 and 90.305 of the Commission's rules provided that such incumbent commits to return to the Commission an equal amount of T-Band spectrum and obtains concurrence from the relevant regional planning committee(s). Public safety T-Band incumbents shall enjoy priority access for a five year period starting from the date the Public Safety and Homeland Security Bureau releases a public notice announcing the availability of Reserve Channels for licensing. ( ii ) Deployable Trunked Systems. Outside the urban areas specified in §§ 90.303 and 90.305 of the Commission's rules, the 700 MHz Regional Planning Committees may designate no more than eight 12.5 kilohertz channel pairs for temporary deployable mobile trunked infrastructure (F2BT) that could be transported into an incident area to assist with emergency response and recovery. ( iii ) General Use. Outside the urban areas specified in §§ 90.303 and 90.305 of the Commission's rules, the 700 MHz Regional Planning Committees may designate sixteen to twenty four 12.5 kilohertz channel pairs for General Use, including low power vehicular mobile repeaters (MO3). ( 3 ) Narrowband low power channels subject to regional planning. The following narrowband channels are designated for low power use for on-scene incident response purposes using mobiles and portables subject to Commission-approved regional planning committee regional plans. Transmitter power must not exceed 2 watts (ERP): Channels 1-8 paired with Channels 961-968, and Channels 949-958 paired with Channels 1909-1918. ( 4 ) Narrowband low power itinerant channels. The following narrowband channels are designated for low power use for on-scene incident response purposes using mobiles and portables. These channels are licensed nationwide for itinerant operation. Transmitter power must not exceed 2 watts (ERP): Channels 9-12 paired with Channels 969-972 and Channels 959-960 paired with Channels 1919-1920. ( 5 ) Narrowband state channels. The following narrowband channels are designated for direct licensing to each state (including U.S. territories, districts, and possessions): 25-36, 65-76, 105-116, 145-156, 185-196, 225-236, 265-276, 305-316, 645-656, 685-696, 725-736, 765-776, 805-816, 845-856, 885-896, 925-936, 985-996, 1025-1036, 1065-1076, 1105-1116, 1145-1156, 1185-1196, 1225-1236, 1265-1276, 1605-1616, 1645-1656, 1685-1696, 1725-1736, 1765-1776, 1805-1816, 1845-1856, 1885-1896. Voice operations on these channels are subject to compliance with the spectrum usage efficiency requirements set forth in § 90.535(d) . ( 6 ) Narrowband general use channels. All narrowband channels established in this paragraph (b) , other than those listed in paragraphs (b)(1) , (b)(4) , (b)(5) , and (b)(7) of this section are reserved to public safety eligibles subject to Commission approved regional planning committee regional plans. Voice operations on these channels are subject to compliance with the spectrum usage efficiency requirements set forth in § 90.535(d) . ( 7 ) Air-ground channels. The following channels are reserved for air-ground communications to be used by low-altitude aircraft and ground based stations: 21/981, 22/982, 101/1061, 102/1062, 181/1141, 182/1142, 261/1221, 262/1222, 659/1619, 660/1620, 739/1699, 740/1700, 819/1779, 820/1780, 899/1859, and 900/1860. ( i ) Airborne use of these channels is limited to aircraft flying at or below 457 meters (1500 feet) above ground level. ( ii ) Aircraft are limited to 2 watts effective radiated power (ERP) when transmitting while airborne on these channels. ( iii ) Aircraft may transmit on either the mobile or base transmit side of the channel pair. ( iv ) States are responsible for the administration of these channels. ( c ) [Reserved] ( d ) Combining channels. Except as noted in this section, at the discretion of the appropriate regional planning committee, contiguous channels may be used in combination in order to accommodate requirements for larger bandwidth emissions, in accordance with this paragraph. Interoperability channels may not be combined with channels in another group except for channels for secondary trunking channels. ( 1 ) Narrowband. Subject to compliance with the spectrum usage efficiency requirements set forth in § 90.535 , two or four contiguous narrowband (6.25 kHz) channels may be used in combination as 12.5 kHz or 25 kHz channels, respectively. The lower (in frequency) channel for two channel combinations must be an odd ( i.e., 1, 3, 5 * * *) numbered channel. The lowest (in frequency) channel for four channel combinations must be a channel whose number is equal to 1 + (4xn), where n = any integer between 0 and 479, inclusive (e.g., channel number 1, 5, * * * 1917). Channel combinations are designated by the lowest and highest channel numbers separated by a hyphen, e.g., “1-2” for a two channel combination and “1-4” for a four channel combination. ( 2 ) [Reserved] ( e ) Channel pairing. In general, channels must be planned and assigned in base/mobile pairs that are separated by 30 MHz. However, until December 31, 2006, channels other than those listed in paragraphs (b)(1) and (c)(1), may be planned and assigned in base/mobile pairs having a different separation, where necessary because 30 MHz base/mobile pairing is precluded by the presence of one or more co-channel or adjacent channel TV/DTV broadcast stations. ( f ) Internal guard band. The internal guard band (768-769/798-799 MHz) is reserved. ( g ) Broadband. The 758-768 MHz and 788-798 MHz bands are allocated for broadband communications. [ 63 FR 58651 , Nov. 2, 1998, as amended at 65 FR 66654 , Nov. 7, 2000; 66 FR 10635 , 10636 , Feb. 16, 2001; 67 FR 61005 , Sept. 27, 2002; 67 FR 76700 , Dec. 13, 2002; 72 FR 48860 , Aug. 24, 2007; 77 FR 62463 , Oct. 15, 2012; 79 FR 71325 , Dec. 2, 2014] § 90.532 Licensing of the 758-769 MHz and 788-799 MHz bands; first responder network authority license and renewal. Pursuant to Section 6201 of the Middle Class Tax Relief and Job Creation Act of 2012, Public Law 112-96 , 126 Stat. 156 (2012), a nationwide license for use of the 758-769 MHz and 788-799 MHz bands shall be issued to the First Responder Network Authority for an initial license term of ten years from the date of the initial issuance of the license. Prior to expiration of the term of such initial license, the First Responder Network Authority shall submit to the Commission an application for the renewal of such license. Such renewal application shall demonstrate that, during the preceding license term, the First Responder Network Authority has met the duties and obligations set forth under the foregoing Act. A renewal license shall be for a term not to exceed ten years. [ 86 FR 70750 , Dec. 13, 2021] § 90.533 Transmitting sites near the U.S./Canada or U.S./Mexico border. This section applies to each license to operate one or more public safety transmitters in the 758-775 MHz and 788-805 MHz bands, at a location or locations North of Line A (see § 90.7 ) or within 120 kilometers (75 miles) of the U.S.-Mexico border, until such time as agreements between the government of the United States and the government of Canada or the government of the United States and the government of Mexico, as applicable, become effective governing border area non-broadcast use of these bands. Public safety licenses are granted subject to the following conditions: ( a ) Public safety transmitters operating in the 758-775 MHz and 788-805 MHz bands must conform to the limitations on interference to Canadian television stations contained in agreement(s) between the United States and Canada for use of television channels in the border area. ( b ) Public safety facilities must accept any interference that may be caused by operations of UHF television broadcast transmitters in Canada and Mexico. ( c ) Conditions may be added during the term of the license, if required by the terms of international agreements between the government of the United States and the government of Canada or the government of the United States and the government of Mexico, as applicable, regarding non-broadcast use of the 758-775 MHz and 788-805 MHz bands. [ 43 FR 54791 , Nov. 22, 1978, as amended at 67 FR 76700 , Dec. 13, 2002; 72 FR 48861 , Aug. 24, 2007; 79 FR 600 , Jan. 6, 2014] § 90.535 Modulation and spectrum usage efficiency requirements. Transmitters designed to operate in 769-775 MHz and 799-805 MHz frequency bands must meet the following modulation standards: ( a ) All transmitters in the 769-775 MHz and 799-805 MHz frequency bands must use digital modulation. Mobile and portable transmitters may have analog modulation capability only as a secondary mode in addition to its primary digital mode except on the interoperability channels listed in § 90.531(b)(1) . Analog modulation is prohibited on the interoperability channels. Mobile and portable transmitters that only operate on the low power channels designated in § 90.531(b)(3) and (4) are exempt from this digital modulation requirement. ( b ) Transmitters designed to operate in the narrowband segment using digital modulation must be capable of maintaining a minimum data (non-voice) rate of 4.8 kbps per 6.25 kHz of bandwidth. ( c ) Transmitters designed to operate in the wideband segment using digital modulation must be capable of maintaining a minimum data (non-voice) rate of 384 kbps per 150 kHz of bandwidth. ( d ) Transmitters designed to operate on the channels listed in paragraphs (b)(2), (5), (6), and (7) of § 90.531 must be capable of operating in the voice mode at an efficiency of at least one voice path per 12.5 kHz of spectrum bandwidth. [ 63 FR 58651 , Nov. 2, 1998, as amended at 65 FR 53645 , Sept. 5, 2000; 65 FR 66655 , Nov. 7, 2000; 67 FR 76701 , Dec. 13, 2002; 70 FR 21673 , Apr. 27, 2005; 72 FR 48861 , Aug. 24, 2007; 79 FR 71326 , Dec. 2, 2014; 81 FR 66833 , Sept. 29, 2016] § 90.537 Trunking requirement. ( a ) General use and State License channels. All fixed transmitter sites using six or more narrowband channels in the 769-775 MHz and 799-805 MHz frequency bands must be trunked, except for those described in paragraph (b) of this section. This paragraph does not apply to Vehicular Repeater Systems (MO3) authorized on the General Use and State License channels listed in § 90.531(b) . ( b ) Interoperability and low power channels. Trunking is permitted only on Interoperability channels specified in § 90.531(b)(1)(iii) . Trunked use must be strictly on a secondary, non-interference basis to conventional operations. The licensee must monitor and immediately release these channels when they are needed for interoperability purposes. All systems using narrowband low power channels listed in § 90.531(b)(3) and (4) are exempt from the trunking requirements described in paragraph (a) of this section. [ 79 FR 39340 , July 10, 2014, as amended at 83 FR 30367 , June 28, 2018] § 90.539 Frequency stability. Transmitters designed to operate in 769-775 MHz and 799-805 MHz frequency bands must meet the frequency stability requirements in this section. ( a ) Mobile, portable and control transmitters must normally use automatic frequency control (AFC) to lock on to the base station signal. ( b ) The frequency stability of base transmitters operating in the narrowband segment must be 100 parts per billion or better. ( c ) The frequency stability of mobile, portable, and control transmitters operating in the narrowband segment must be 400 parts per billion or better when AFC is locked to the base station. When AFC is not locked to the base station, the frequency stability must be at least 1.0 ppm for 6.25 kHz, 1.5 ppm for 12.5 kHz (2 channel aggregate), and 2.5 ppm for 25 kHz (4 channel aggregate). ( d ) The frequency stability of base transmitters operating in the wideband segment must be 1 part per million or better. ( e ) The frequency stability of mobile, portable and control transmitters operating in the wideband segment must be 1.25 parts per million or better when AFC is locked to a base station, and 5 parts per million or better when AFC is not locked. [ 63 FR 58651 , Nov. 2, 1998, as amended at 65 FR 53646 , Sept. 5, 2000; 72 FR 48861 , Aug. 24, 2007] § 90.541 Transmitting power and antenna height limits. The transmitting power and antenna height of base, mobile, portable and control stations operating in the 769-775 MHz and 799-805 MHz frequency bands must not exceed the maximum limits in this section. Power limits are listed in effective radiated power (ERP). ( a ) The transmitting power and antenna height of base stations must not exceed the limits given in paragraph (a) of § 90.635 . ( b ) The transmitting power of a control station must not exceed 200 watts ERP. ( c ) The transmitting power of a mobile unit must not exceed 100 watts ERP. ( d ) The transmitting power of a portable (hand-held) unit must not exceed 3 watts ERP. ( e ) Transmitters operating on the narrowband low power channels listed in § 90.531(b)(3) and (4) , must not exceed 2 watts ERP. [ 79 FR 71326 , Dec. 2, 2014] § 90.542 Broadband transmitting power limits. ( a ) The following power limits apply to the 758-768/788-798 MHz band: ( 1 ) Fixed and base stations transmitting a signal in the 758-768 MHz band with an emission bandwidth of 1 MHz or less must not exceed an ERP of 1000 watts and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 1000 watts ERP in accordance with Table 1 of this section. ( 2 ) Fixed and base stations located in a county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, and transmitting a signal in the 758-768 MHz band with an emission bandwidth of 1 MHz or less must not exceed an ERP of 2000 watts and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 2000 watts ERP in accordance with Table 2 of this section. ( 3 ) Fixed and base stations transmitting a signal in the 758-768 MHz band with an emission bandwidth greater than 1 MHz must not exceed an ERP of 1000 watts/MHz and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 1000 watts/MHz ERP accordance with Table 3 of this section. ( 4 ) Fixed and base stations located in a county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, and transmitting a signal in the 758-768 MHz band with an emission bandwidth greater than 1 MHz must not exceed an ERP of 2000 watts/MHz and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 2000 watts/MHz ERP in accordance with Table 4 of this section. ( 5 ) Licensees of fixed or base stations transmitting a signal in the 758-768 MHz band at an ERP greater than 1000 watts must comply with the provisions set forth in paragraph (b) of this section. ( 6 ) Control stations and mobile stations transmitting in the 758-768 MHz band and the 788-798 MHz band are limited to 30 watts ERP. ( 7 ) Portable stations (hand-held devices) transmitting in the 758-768 MHz band and the 788-798 MHz band are limited to 3 watts ERP. ( 8 ) For transmissions in the 758-768 MHz and 788-798 MHz bands, licensees may employ equipment operating in compliance with either of the following measurement techniques: ( i ) The maximum composite transmit power shall be measured over any interval of continuous transmission using instrumentation calibrated in terms of RMS-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, etc., so as to obtain a true maximum composite measurement for the emission in question over the full bandwidth of the channel. ( ii ) A Commission-approved average power technique. Table 1 to § 90.542 ( a )—Permissible Power and Antenna Heights for Base and Fixed Stations in the 758-768 MHz Band Transmitting a Signal With an Emission Bandwidth of 1 MHz or Less Antenna height (AAT) in meters (feet) Effective radiated power (ERP) (watts) Above 1372 (4500) 65 Above 1220 (4000) To 1372 (4500) 70 Above 1067 (3500) To 1220 (4000) 75 Above 915 (3000) To 1067 (3500) 100 Above 763 (2500) To 915 (3000) 140 Above 610 (2000) To 763 (2500) 200 Above 458 (1500) To 610 (2000) 350 Above 305 (1000) To 458 (1500) 600 Up to 305 (1000) 1000 Table 2 to § 90.542 ( a )—Permissible Power and Antenna Heights for Base and Fixed Stations in the 758-768 MHz Band Transmitting a Signal With an Emission Bandwidth of 1 MHz or Less Antenna height (AAT) in meters (feet) Effective radiated power (ERP) (watts) Above 1372 (4500) 130 Above 1220 (4000) To 1372 (4500) 140 Above 1067 (3500) To 1220 (4000) 150 Above 915 (3000) To 1067 (3500) 200 Above 763 (2500) To 915 (3000) 280 Above 610 (2000) To 763 (2500) 400 Above 458 (1500) To 610 (2000) 700 Above 305 (1000) To 458 (1500) 1200 Up to 305 (1000) 2000 Table 3 to § 90.542 ( a )—Permissible Power and Antenna Heights for Base and Fixed Stations in the 758-768 MHz Band Transmitting a Signal With an Emission Bandwidth Greater Than 1 MHz Antenna height (AAT) in meters (feet) Effective radiated power (ERP) per MHz (watts/MHz) Above 1372 (4500) 65 Above 1220 (4000) To 1372 (4500) 70 Above 1067 (3500) To 1220 (4000) 75 Above 915 (3000) To 1067 (3500) 100 Above 763 (2500) To 915 (3000) 140 Above 610 (2000) To 763 (2500) 200 Above 458 (1500) To 610 (2000) 350 Above 305 (1000) To 458 (1500) 600 Up to 305 (1000) 1000 Table 4 to § 90.542 ( a )—Permissible Power and Antenna Heights for Base and Fixed Stations in the 758-768 MHz Band Transmitting a Signal With an Emission Bandwidth Greater Than 1 MHz Antenna height (AAT) in meters (feet) Effective radiated power (ERP) per MHz (watts/MHz) Above 1372 (4500) 130 Above 1220 (4000) To 1372 (4500) 140 Above 1067 (3500) To 1220 (4000) 150 Above 915 (3000) To 1067 (3500) 200 Above 763 (2500) To 915 (3000) 280 Above 610 (2000) To 763 (2500) 400 Above 458 (1500) To 610 (2000) 700 Above 305 (1000) To 458 (1500) 1200 Up to 305 (1000) 2000 ( b ) For base and fixed stations operating in the 758-768 MHz band in accordance with the provisions of paragraph (a)(5) of this section, the power flux density that would be produced by such stations through a combination of antenna height and vertical gain pattern must not exceed 3000 microwatts per square meter on the ground over the area extending to 1 km from the base of the antenna mounting structure. [ 72 FR 48861 , Aug. 24, 2007, as amended at 79 FR 600 , Jan. 6, 2014] § 90.543 Emission limitations. Transmitters designed to operate in 769-775 MHz and 799-805 MHz frequency bands must meet the emission limitations in paragraphs (a) through (d) of this section. Class A and Class B signal boosters retransmitting signals in the 769-775 MHz and 799-805 MHz frequency bands are exempt from the limits listed in paragraph (a) of this section when simultaneously retransmitting multiple signals and instead shall be subject to the limit listed in paragraph (c) of this section when operating in this manner. Transmitters operating in 758-768 MHz and 788-798 MHz bands must meet the emission limitations in (e) of this section. ( a ) The adjacent channel power (ACP) requirements for transmitters designed for various channel sizes are shown in the following tables. Mobile station requirements apply to handheld, car mounted and control station units. The tables specify a value for the ACP as a function of the displacement from the channel center frequency and measurement bandwidth. In the following tables, “(s)” indicates a swept measurement may be used. 6.25 kHz Mobile Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP relative (dBc) 6.25 6.25 −40 12.5 6.25 −60 18.75 6.25 −60 25.00 6.25 −65 37.50 25.00 −65 62.50 25.00 −65 87.50 25.00 −65 150.00 100.00 −65 250.00 100.00 −65 350.00 100.00 −65 >400 kHz to 12 MHz 30 (s) −75 12 MHz to paired receive band 30 (s) −75 In the paired receive band 30 (s) −100 12.5 kHz Mobile Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP relative (dBc) 9.375 6.25 −40 15.625 6.25 −60 21.875 6.25 −60 37.50 25.00 −60 62.50 25.00 −65 87.50 25.00 −65 150.00 100 −65 250.00 100 −65 350.00 100 −65 >400 to 12 MHz 30 (s) −75 12 MHz to paired receive band 30 (s) −75 In the paired receive band 30 (s) −100 25 kHz Mobile Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP relative (dBc) 15.625 6.25 −40 21.875 6.25 −60 37.50 25 −60 62.50 25 −65 87.50 25 −65 150.00 100 −65 250.00 100 −65 350.00 100 −65 >400 kHz to 12 MHz 30 (s) −75 12 MHz to paired receive band 30 (s) −75 In the paired receive band 30 (s) −100 6.25 kHz Base Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 6.25 6.25 −40 12.50 6.25 −60 18.75 6.25 −60 25.00 6.25 −65 37.50 25 −65 62.50 25 −65 87.50 25 −65 150.00 100 −65 250.00 100 −65 350.00 100 −65 >400 to 12 MHz 30 (s) −80 12 MHz to paired receive band 30 (s) −80 In the paired receive band 30 (s) 1 -85 1 Although we permit individual base transmitters to radiate a maximum ACP of −85 dBc in the paired receive band, licensees deploying these transmitters may not exceed an ACP of −100 dBc in the paired receive band when measured at either the transmitting antenna input port or the output of the transmitter combining network. Consequently, licensees deploying these transmitters may need to use external filters to comply with the more restrictive ACP limit. 12.5 kHz Base Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 9.375 6.25 −40 15.625 6.25 −60 21.875 6.25 −60 37.5 25 −60 62.5 25 −65 87.5 25 −65 150 100 −65 250 100 −65 350.00 100 −65 >400 kHz to 12 MHz 30 (s) −80 12 MHz to paired receive band 30 (s) −80 In the paired receive band 30 (s) 1 -85 1 Although we permit individual base transmitters to radiate a maximum ACP of −85 dBc in the paired receive band, licensees deploying these transmitters may not exceed an ACP of −100 dBc in the paired receive band when measured at either the transmitting antenna input port or the output of the transmitter combining network. Consequently, licensees deploying these transmitters may need to use external filters to comply with the more restrictive ACP limit. 25 kHz Base Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 15.625 6.25 −40 21.875 6.25 −60 37.5 25 −60 62.5 25 −65 87.5 25 −65 150 100 −65 250 100 −65 350 100.00 −65 >400 kHz to 12 MHz 30 (s) −80 12 MHz to paired receive band 30 (s) −80 In the paired receive band 30 (s) 1 -85 1 Although we permit individual base transmitters to radiate a maximum ACP of −85 dBc in the paired receive band, licensees deploying these transmitters may not exceed an ACP of −100 dBc in the paired receive band when measured at either the transmitting antenna input port or the output of the transmitter combining network. Consequently, licensees deploying these transmitters may need to use external filters to comply with the more restrictive ACP limit. ( b ) ACP measurement procedure. The following are the procedures for making the transmitter ACP measurements. For all measurements modulate the transmitter as it would be modulated in normal operating conditions. For time division multiple access (TDMA) systems, the measurements are to be made under TDMA operation only during time slots when the transmitter is active. All measurements are made at the transmitter's output port. If a transmitter has an integral antenna, a suitable power coupling device shall be used to couple the RF signal to the measurement instrument. The coupling device shall substantially maintain the proper transmitter load impedance. The ACP measurements may be made with a spectrum analyzer capable of making direct ACP measurements. “Measurement bandwidth”, as used for non-swept measurements, implies an instrument that measures the power in many narrow bandwidths equal to the nominal resolution bandwidth and integrates these powers to determine the total power in the specified measurement bandwidth. ( 1 ) Setting reference level. Set transmitter to maximum output power. Using a spectrum analyzer capable of ACP measurements, set the measurement bandwidth to the channel size. For example, for a 6.25 kHz transmitter set the measurement bandwidth to 6.25 kHz. Set the frequency offset of the measurement bandwidth to zero and adjust the center frequency of the instrument to the assigned center frequency to measure the average power level of the transmitter. Record this power level in dBm as the “reference power level.” ( 2 ) Non-swept power measurement. Using a spectrum analyzer capable of ACP measurements, set the mesurement bandwidth and frequency offset from the assigned center frequency as shown in the tables in § 90.543 (a) above. Any value of resolution bandwidth may be used as long as it does not exceed 2 percent of the specified measurement bandwidth. Measure the power level in dBm. These measurements should be made at maximum power. Calculate ACP by substracting the reference power level measured in (b)(1) from the measurements made in this step. The absolute value of the calculated ACP must be greater than or equal to the absolute value of the ACP given in the table for each condition above. ( 3 ) Swept power measurement. Set a spectrum analyzer to 30 kHz resolution bandwidth, 1 MHz video bandwidth and average, sample, or RMS detection. Set the reference level of the spectrum analyzer to the RMS value of the transmitter power. Sweep above and below the carrier frequency to the limits defined in the tables. Calculate ACP by substracting the reference power level measured in (b)(1) from the measurements made in this step. The absolute value of the calculated ACP must be greater than or equal to the absolute value of the ACP given in the table for each condition above. ( c ) Out-of-band emission limit. On any frequency outside of the frequency ranges covered by the ACP tables in this section, the power of any emission must be reduced below the mean output power (P) by at least 43 + 10log (P) dB measured in a 100 kHz bandwidth for frequencies less than 1 GHz, and in a 1 MHz bandwidth for frequencies greater than 1 GHz. ( d ) Authorized bandwidth. Provided that the ACP requirements of this section are met, applicants may request any authorized bandwidth that does not exceed the channel size. ( e ) For operations in the 758-768 MHz and the 788-798 MHz bands, the power of any emission outside the licensee's frequency band(s) of operation shall be attenuated below the transmitter power (P) within the licensed band(s) of operation, measured in watts, in accordance with the following: ( 1 ) On all frequencies between 769-775 MHz and 799-805 MHz, by a factor not less than 76 + 10 log (P) dB in a 6.25 kHz band segment, for base and fixed stations. ( 2 ) On all frequencies between 769-775 MHz and 799-805 MHz, by a factor not less than 65 + 10 log (P) dB in a 6.25 kHz band segment, for mobile and portable stations. ( 3 ) On any frequency between 775-788 MHz, above 805 MHz, and below 758 MHz, by at least 43 + 10 log (P) dB. ( 4 ) Compliance with the provisions of paragraphs (e)(1) and (2) of this section is based on the use of measurement instrumentation such that the reading taken with any resolution bandwidth setting should be adjusted to indicate spectral energy in a 6.25 kHz segment. ( 5 ) Compliance with the provisions of paragraph (e)(3) of this section is based on the use of measurement instrumentation employing a resolution bandwidth of 100 kHz or greater. However, in the 100 kHz bands immediately outside and adjacent to the frequency block, a resolution bandwidth of 30 kHz may be employed. ( f ) For operations in the 758-775 MHz and 788-805 MHz bands, all emissions including harmonics in the band 1559-1610 MHz shall be limited to −70 dBW/MHz equivalent isotropically radiated power (EIRP) for wideband signals, and −80 dBW EIRP for discrete emissions of less than 700 Hz bandwidth. For the purpose of equipment authorization, a transmitter shall be tested with an antenna that is representative of the type that will be used with the equipment in normal operation. ( g ) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. [ 70 FR 21666 , Apr. 27, 2005, as amended at 72 FR 48862 , Aug. 24, 2007; 79 FR 600 , Jan. 6, 2014; 79 FR 39340 , July 10, 2014; 79 FR 71326 , Dec. 2, 2014] § 90.547 Narrowband Interoperability channel capability requirement. ( a ) Except as noted in this section, mobile and portable transmitters operating on narrowband channels in the 769-775 MHz and 799-805 MHz frequency bands must be capable of operating on all of the designated nationwide narrowband Interoperability channels pursuant to the standards specified in this part. Provided, however, that the licensee need not program such transmitters to make all interoperability channels accessible to the end user. ( 1 ) Mobile and portable transmitters that are designed to operate only on the Low Power Channels specified in § 90.531 (b)(3) and (4) are exempt from this Interoperability channel requirement. ( 2 ) Mobile and portable transmitters that are designed to operate only in the data mode must be capable of operation on the data Interoperability channels specified in § 90.531(b)(1)(i) ; but need not be capable of voice operation on other Interoperability channels. ( 3 ) Mobile and portable transmitters that are designed to operate only in the voice mode do not have to operate on the data Interoperability channels specified in § 90.531(b)(1)(i) . ( b ) Mobile and portable transmitters designed for data are not required to be voice capable, and vice versa. [ 67 FR 61005 , Sept. 27, 2002, as amended at 72 FR 48863 , Aug. 24, 2007; 79 FR 71326 , Dec. 2, 2014; 83 FR 30367 , June 28, 2018] § 90.548 Interoperability Technical Standards. ( a ) Transmitters designed after August 11, 2014 to operate on the narrowband interoperability achannels in the 769-775 and 799-805 MHz band ( see § 90.531 ) shall conform to the following technical standards (transmitters certified prior to this date are grandfathered): ( 1 ) Transmitters designed for voice operation shall include a 12.5 kilohertz bandwidth mode of operation conforming to the following standards: ANSI/TIA-102.BAAA-A-2003 and ANSI/TIA-102.BABA-2003. ( 2 ) Transmitters designed for data transmission shall include a 12.5 kilohertz bandwidth mode of operation conforming to the following standards: ANSI/TIA-102.BAEA-B-2012, ANSI/TIA-102.BAAA-A-2003, ANSI/TIA-102.BAEB-A-2005, and ANSI/TIA-102.BAEE-B-2010. ( b ) Incorporation by reference. The material listed in this paragraph (b) is incorporated by reference in this section with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 . All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the following source in this paragraph (b) : ( 1 ) TIA/EIA, 2500 Wilson Boulevard, Arlington, VA 22201 703-907-7974. These standards are also available from Global Engineering Documents, 15 Inverness Way East, Englewood, CO 80112; or the American National Standards Institute, 25 West 43rd Street, Fourth Floor, New York, NY 10036, www.ansi.org . ( i ) ANSI/TIA-102.BAAA-A-2003, Project 25 FDMA-Common Air Interface, approved September 2003. ( ii ) ANSI/TIA-102.BABA-2003, Project 25 Vocoder Description, approved December 2003. ( iii ) ANSI/TIA-102.BAEA-B-2012, Project 25 Data Overview—New Technology Standards Project—Digital Radio Technical Standards, approved June 2012. ( iv ) ANSI/TIA-102.BAEB-A-2005, Project 25 Packet Data Specification—New Technology Standards Project—Digital Radio Technical Standards, approved March 2005. ( v ) ANSI/TIA-102.BAEE-B-2010, Project 25 Radio Management Protocols—New Technology Standards Project—Digital Radio Technical Standards, approved May 2010. ( 2 ) [Reserved] ( c ) Transceivers capable of operating on the narrowband Interoperability channels listed in § 90.531(b)(1) shall not be marketed or sold unless the transceiver has previously been certified for interoperability by the Compliance Assessment Program (CAP) administered by the U.S. Department of Homeland Security; provided, however, that this requirement is suspended if the CAP is discontinued. Submission of a 700 MHz narrowband radio for certification will constitute a representation by the manufacturer that the radio will be shown, by testing, to be interoperable across vendors before it is marketed or sold. In the alternative, manufacturers may employ their own protocol for verifying compliance with Project 25 standards and determining that their product is interoperable among vendors. In the event that field experience reveals that a transceiver is not interoperable, the Commission may require the manufacturer thereof to provide evidence of compliance with this section. ( d ) Transceivers capable of conventional operations on the narrowband Interoperability channels listed in § 90.531(b)(1) must, at a minimum, include the following feature sets and capabilities while operating in the conventional mode to be validated for compliance with the Project 25 standards consistent with § 2.1033(c)(20) of this chapter and paragraph (c) of this section. ( 1 ) A subscriber unit must be capable of issuing group calls in a conventional system in conformance with the following standards: TIA 102.BAAD-B Conventional Procedures (2015), Section 6.1 with validation testing according to TIA-102.CABA Interoperability Testing for Voice Operation in Conventional Systems (2010), Test Case 2.2.2.4.1, and Test Case 2.4.2.4.1. ( 2 ) Two Project 25 standard squelch modes, Monitor Squelch and Normal Squelch, must be supported in conformance with the following standards: TIA 102.BAAD-B Conventional Procedures (2015), Section 6.1.1.3 with validation testing according to TIA-102.CABA Conventional Interoperability Testing for Voice Operation in Conventional Systems (2010), Test Case 2.2.3.4.1, Test Case 2.2.1.4.1 (Direct, normal squelch), Test Case 2.4.9.4.1 (Repeated, monitor squelch), and Test Case 2.4.1.4.1 (Repeated, normal squelch). ( 3 ) A subscriber unit must properly implement conventional network access codes values (NAC) of $293 and $F7E in conformance with the following standards: TIA-102.BAAC-C Common Air Interface Reserved Values (2011), Section 2.1 with validation testing according to TIA-102.CABA Interoperability Testing for Voice Operation in Conventional Systems (2010), Test Case 2.2.1.4.1 and Test Case 2.2.8.4.1. ( 4 ) A fixed conventional repeater must be able to repeat the correct/matching network access code (NAC) for all subscriber call types (clear and encrypted) using the same output NAC in conformance with the following standards: TIA 102.BAAD-B Conventional Procedures (2015), Section 2.5 with validation testing according to TIA-102.CABA Interoperability Testing for Voice Operation in Conventional Systems (2010), Test Case 2.4.1.4.1, and Test Case 2.4.2.4.1. ( 5 ) A fixed conventional repeater must be able to repeat the correct/matching network access code (NAC) for all subscriber call types (clear and encrypted) using a different output NAC in conformance with the following standards: TIA 102.BAAD-B Conventional Procedures (2015), Section 2.5 with validation testing according to TIA-102.CABA Interoperability Testing for Voice Operation in Conventional Systems (2010), Test Case 2.4.3.4.1 and Test Case 2.4.4.4.1. ( 6 ) A fixed conventional repeater must be able to reject (no repeat) all input transmissions with incorrect network access code (NAC) in conformance with the following standard: TIA 102.BAAD-B Conventional Procedures (2015), Section 2.5 with validation testing according to TIA-102.CABA Interoperability Testing for Voice Operation in Conventional Systems (2010), Test Case 2.4.1.4.1, and Test Case 2.4.2.4.1. ( 7 ) A fixed conventional repeater must be able to support the correct implementation of network access code (NAC) values $F7E and $F7F in conformance with the following standards: TIA 102.BAAD-B Conventional Procedures (2015), Section 2.5 with validation testing according to TIA-102.CABA Interoperability Testing for Voice Operation in Conventional Systems (2010), Test Case 2.4.5.4.1, Test Case 2.4.6.4.1, and Test Case 2.4.7.4.1. [ 79 FR 39340 , July 10, 2014, as amended at 79 FR 71326 , Dec. 2, 2014; 83 FR 30367 , June 28, 2018; 85 FR 64410 , Oct. 13, 2020; 88 FR 21450 , Apr. 10, 2023] § 90.549 Transmitter certification. Transmitters operated in the 758-775 MHz and 788-805 MHz frequency bands must be of a type that have been authorized by the Commission under its certification procedure as required by § 90.203 . [ 79 FR 600 , Jan. 6, 2014] § 90.551 Construction requirements. Each station authorized under this subpart to operate in the 769-775 MHz and 799-805 MHz frequency bands must be constructed and placed into operation within 12 months from the date of grant of the authorization, except for State channels. However, licensees may request a longer construction period, up to but not exceeding 5 years, pursuant to § 90.155(b) . State channels are subject to the build-out requirements in § 90.529 . [ 72 FR 48863 , Aug. 24, 2007] § 90.553 Encryption. ( a ) Encryption is permitted on all but the two nationwide Interoperability calling channels. Radios employing encryption must have a readily accessible switch or other readily accessible control that permits the radio user to disable encryption. ( b ) If encryption is employed, then transmitters manufactured after August 11, 2014 must use the Advanced Encryption Standard (AES) specified in ANSI/TIA-102.AAAD-A. Until 2030, manufacturers may also include the Digital Encryption Standard (DES) or Triple Data Encryption Algorithm (TDEA), in addition to but not in place of AES, for compatibility with legacy radios that lack AES capability. ( c ) ANSI/TIA-102.AAAD-A: Project 25 Digital Land Mobile Radio-Block Encryption Protocol, approved August 20, 2009 is incorporated by reference into this section with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 . This incorporation by reference (IBR) material is available for inspection at the FCC and at the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the following sources: ( 1 ) Telecommunications Industry Association (TIA), 2500 Wilson Boulevard, Arlington, VA 22201; website: https://tiaonline.org . ( 2 ) S&P Global Standards Store, 15 Inverness Way East, Englewood, CO 80112; website: https://global.ihs.com . ( 3 ) American National Standards Institute (ANSI), 25 West 43rd Street, Fourth Floor, New York, NY 10036; website: www.ansi.org . [ 66 FR 10636 , Feb. 16, 2001, as amended at 67 FR 61006 , Sept. 26, 2002; 79 FR 39341 , July 10, 2014; 85 FR 64410 , Oct. 13, 2020; 88 FR 21450 , Apr. 10, 2023] § 90.555 Information exchange. ( a ) Prior notification. Public safety licensees authorized to operate in the 758-775 MHz and 788-805 MHz bands may notify any licensee authorized to operate in the 746-757 MHz or 776-787 MHz bands that they wish to receive prior notification of the activation or modification of the licensee's base or fixed stations in their area. Thereafter, the 746-757 MHz or 776-787 MHz band licensee must provide the following information to the public safety licensee at least 10 business days before a new base or fixed station is activated or an existing base or fixed station is modified: ( 1 ) Location; ( 2 ) Effective radiated power; ( 3 ) Antenna height; and ( 4 ) Channels available for use. ( b ) Purpose of prior notification. The prior coordination of base or fixed stations is for informational purposes only. Public safety licensees are not afforded the right to accept or reject the activation of a proposed base or fixed station or to unilaterally require changes in its operating parameters. The principal purposes of notification are to: ( 1 ) Allow a public safety licensee to advise the 746-757 or 776-787 MHz band licensee whether it believes a proposed base or fixed station will generate unacceptable interference; ( 2 ) Permit 746-757 and 776-787 MHz band licensees to make voluntary changes in base or fixed station parameters when a public safety licensee alerts them to possible interference; and, ( 3 ) Rapidly identify the source if interference is encountered when the base or fixed station is activated. ( c ) Public Safety Information Exchange. ( 1 ) Upon request by a 746-757 or 776-787 MHz band licensee, public safety licensees authorized to operate radio systems in the 758-775 and 788-805 MHz bands shall provide the operating parameters of their radio system to the 746-757 or 776-787 MHz band licensee. ( 2 ) Public safety licensees who perform the information exchange described in this section must notify the appropriate 746-757 or 776-787 MHz band licensees prior to any technical changes to their radio system. [ 72 FR 27713 , May 16, 2007, as amended at 72 FR 67578 , Nov. 29, 2007; 79 FR 601 , Jan. 6, 2014] § 90.557 Secondary fixed signaling operations. Trunked and conventional 700 MHz narrowband systems may conduct fixed ancillary signaling and data transmissions subject to the following requirements: ( a ) Operations are permitted only on: ( 1 ) Narrowband State License channels specified in § 90.531(b)(5) , subject to the discretion of the relevant State licensee; and ( 2 ) Narrowband General Use channels specified in § 90.531(b)(6) , subject to the discretion of the regional planning committee. ( b ) All operations must be on a secondary, non-interference basis to the primary mobile operation of any other licensee. ( c ) The output power at the remote site must not exceed 30 watts. ( d ) Automatic means must be provided to deactivate the remote transmitter in the event the carrier remains on for a period in excess of three minutes. ( e ) Operational fixed stations authorized pursuant to this section are exempt from the requirements of §§ 90.425 , 90.429 , and 90.559 . ( f ) Any operations undertaken in a shared use environment must be conducted pursuant to an agreement between the licensee and each participant, as set forth in § 90.179 . [ 79 FR 39341 , July 10, 2014] § 90.559 Station Identification. ( a ) Conventional systems of communication shall be identified in accordance with existing regulations governing such matters. ( b ) Trunked systems of communication, except as noted in paragraph (c) of this section, shall be identified through the use of an automatic device which transmits the call sign of the base station facility at 30 minute intervals. Such station identification shall be made on the lowest frequency in the base station trunk group assigned the licensee. Should this frequency be in use at the time station identification is required, such identification may be made at the termination of the communication in progress on this frequency. Identification may be made by voice or International Morse Code. When the call sign is transmitted in International Morse Code, it must be at a rate of between 15 to 20 words per minute and by means of tone modulation of the transmitter, the tone frequency being between 800 and 1000 hertz. ( c ) Stations operating in the 769-775/799-805 MHz band that are licensed on an exclusive basis, and normally employ digital signals for the transmission of data, text, control codes, or digitized voice may also be identified by digital transmission of the call sign. A licensee that identifies its station in this manner must provide the Commission, upon its request, information sufficient to decode the digital transmission and ascertain the call sign transmitted. [ 79 FR 39341 , July 10, 2014] Subpart S—Regulations Governing Licensing and Use of Frequencies in the 806-824, 851-869, 896-901, and 935-940 MHz Bands § 90.601 Scope. This subpart sets out the regulations governing the licensing and operations of all systems operating in the 806-824/851-869 MHz and the narrowband operations in the 896-901/935-940 MHz bands. It includes eligibility requirements, and operational and technical standards for stations licensed in these bands. It also supplements the rules regarding application procedures contained in part 1, subpart F of this chapter . The rules in this subpart are to be read in conjunction with the applicable requirements contained elsewhere in this part; however, in case of conflict, the provisions of this subpart shall govern with respect to licensing and operation in these frequency bands. [ 85 FR 43139 , July 15, 2020] Application for Authorizations § 90.603 Eligibility. Except as specified in § 90.616 , the following persons are eligible for licensing in the 806-824 MHz, 851-869 MHz, 896-901 MHz, and 935-940 MHz bands. ( a ) Any person eligible for licensing under subparts B , C , D , or E of this part . ( b ) Any person proposing to provide communications service to any person eligible for licensing under subparts B or C of this part on a not-for-profit, cost-shared basis. ( c ) Any person eligible under this part and proposing to provide on a commercial basis base station an ancillary facilities as a Specialized Mobile Radio Service System operator, for the use of individuals, federal government agencies and persons eligible for licensing under subparts B or C of this part . [ 47 FR 41032 , Sept. 16, 1982, as amended at 53 FR 1025 , Jan. 15, 1988; 60 FR 15495 , Mar. 24, 1995; 62 FR 18934 , Apr. 17, 1997; 85 FR 43139 , July 15, 2020] § 90.605 Forms to be used. Applications for conventional and trunked radio facilities must be prepared on FCC Form 601 and must be submitted or filed in accordance with § 90.127 and part 1, subpart F of this chapter . [ 63 FR 68967 , Dec. 14, 1998] § 90.607 Supplemental information to be furnished by applicants for facilities under this subpart. ( a ) Except for applicants for SMR licenses, all applicants for conventional radio systems must: ( 1 ) List all radio systems licensed to them or proposed by them within 64 km (40 mi.) from the location of the base station transmitter site of the facility for which they have applied. ( 2 ) Specify the number of mobile units to be placed in operation upon grant of the authorization and the number of such units that will be placed in operation within 8 months of the date of grant. ( b ) Except for applicants for SMR licenses, all applicants for trunked systems must: ( 1 ) List all radio systems licensed to them within 64 km (40 mi.) from the location of the base station transmitter site of the facility for which they have applied; ( 2 ) Specify the number of vehicular and portable mobile units and control stations to be placed in operation within the term of the license. ( c ) [Reserved] ( d ) All applicants for frequencies governed by this subpart are subject to the frequency coordination requirements of § 90.175(b) except applicants requesting frequencies for EA-based SMR operations in the 806-824 MHz/851-869 MHz band or 896-901 MHz/935-940 MHz band. [ 47 FR 41032 , Sept. 16, 1982, as amended at 49 FR 36377 , Sept. 17, 1984; 51 FR 14999 , Apr. 22, 1986; 59 FR 59966 , Nov. 21, 1994; 63 FR 68967 , Dec. 14, 1998; 69 FR 67838 , Nov. 22, 2004; 70 FR 61061 , Oct. 20, 2005] § 90.609 Special limitations on amendment of applications for assignment or transfer of authorizations for radio systems above 800 MHz. ( a ) [Reserved] ( b ) A license to operate a conventional or trunked radio system may not be assigned or transferred prior to the completion of construction of the facility. However, the Commission may give its consent to the assignment or transfer of control of such a license prior to the completion of construction where: ( 1 ) The assignment or transfer does not involve a substantial change in ownership or control of the authorized radio facilities; or, ( 2 ) The assignment or transfer is involuntary due to the licensee's insolvency, bankruptcy, incapacity, or death. ( c ) Licensees of constructed systems in any category are permitted to make partial assignments of an authorized grant to an applicant proposing to create a new system or to an existing licensee that has loaded its system to 70 mobiles per channel and is expanding that system. An applicant authorized to expand an existing system or to create a new system with frequencies from any category obtained through partial assignment will receive the assignor's existing license expiration date and loading deadline for the frequencies that are assigned. A licensee that makes a partial assignment of a station's frequencies will not be authorized to obtain additional frequencies for that station for a period of one year from the date of the partial assignment. ( d ) A constructed system originally licensed in the General Category that is authorized to operate in the conventional mode may be combined with an existing SMR system above 800 MHz authorized to operate in the trunked mode by assignment of an authorized grant of the General Category station to the SMR station. [ 47 FR 41032 , Sept. 16, 1982, as amended at 55 FR 28029 , July 9, 1990; 58 FR 44962 , Aug. 25, 1993; 61 FR 6155 , Feb. 16, 1996; 63 FR 68967 , Dec. 14, 1998; 69 FR 67838 , Nov. 22, 2004] Policies Governing the Processing of Applications and the Selection and Assignment of Frequencies for Use in the 806-824 MHz, 851-869 MHz, 896-901 MHz, and 935-940 MHz Bands § 90.613 Frequencies available. The following table indicates the channel designations of frequencies available for assignment to eligible applicants under this subpart. Frequencies shall be assigned in pairs, with mobile and control station transmitting frequencies taken from the 806-824 MHz band with corresponding base station frequencies being 45 MHz higher and taken from the 851-869 MHz band, or with mobile and control station frequencies taken from the 896-901 MHz band with corresponding base station frequencies being 39 MHz higher and taken from the 935-940 MHz band. For operations in the 897.5-900.5 MHz and 936.5-939.5 MHz bands (Channels 120-360), no new applications will be accepted in a transitioned market for a narrowband system under part 90, subpart S of this chapter . Only the base station transmitting frequency of each pair is listed in the following table. Table of 806-824/851-869 MHz Channel Designations Channel No. Base frequency (MHz) 1 851.0125 2 .0375 3 .0500 4 .0625 5 .0750 6 .0875 7 .1000 8 .1125 9 .1250 10 .1375 11 .1500 12 .1625 13 .1750 14 .1875 15 .2000 16 .2125 17 .2250 18 .2375 19 .2500 20 .2625 21 .2750 22 .2875 23 .3000 24 .3125 25 .3250 26 .3375 27 .3500 28 .3625 29 .3750 30 .3875 31 .4000 32 .4125 33 .4250 34 .4375 35 .4500 36 .4625 37 .4750 38 .4875 39 .5125 40 .5375 41 .5500 42 .5625 43 .5750 44 .5875 45 .6000 46 .6125 47 .6250 48 .6375 49 .6500 50 .6625 51 .6750 52 .6875 53 .7000 54 .7125 55 .7250 56 .7375 57 .7500 58 .7625 59 .7750 60 .7875 61 .8000 62 .8125 63 .8250 64 .8375 65 .8500 66 .8625 67 .8750 68 .8875 69 .9000 70 .9125 71 .9250 72 .9375 73 .9500 74 .9625 75 .9750 76 .9875 77 852.0125 78 .0375 79 .0500 80 .0625 81 .0750 82 .0875 83 .1000 84 .1125 85 .1250 86 .1375 87 .1500 88 .1625 89 .1750 90 .1875 91 .2000 92 .2125 93 .2250 94 .2375 95 .2500 96 .2625 97 .2750 98 .2875 99 .3000 100 .3125 101 .3250 102 .3375 103 .3500 104 .3625 105 .3750 106 .3875 107 .4000 108 .4125 109 .4250 110 .4375 111 .4500 112 .4625 113 .4750 114 .4875 115 .5125 116 .5375 117 .5500 118 .5625 119 .5750 120 .5875 121 .6000 122 .6125 123 .6250 124 .6375 125 .6500 126 .6625 127 .6750 128 .6875 129 .7000 130 .7125 131 .7250 132 .7375 133 .7500 134 .7625 135 .7750 136 .7875 137 .8000 138 .8125 139 .7375 140 .8375 141 .8500 142 .8625 143 .8750 144 .8875 145 .9000 146 .9125 147 .9250 148 .9375 149 .9500 150 .9625 151 .9750 152 .9875 153 853.0125 154 .0375 155 .0500 156 .0625 157 .0750 158 .0875 159 .1000 160 .1125 161 .1250 162 .1375 163 .1500 164 .1625 165 .1750 166 .1875 167 .2000 168 .2125 169 .2250 170 .2375 171 .2500 172 .2625 173 .2750 174 .2875 175 .3000 176 .3125 177 .3250 178 .3375 179 .3500 180 .3625 181 .3750 182 .3875 183 .4000 184 .4125 185 .4250 186 .4375 187 .4500 188 .4625 189 .4750 190 .4875 191 .5000 192 .5125 193 .5250 194 .5375 195 .5500 196 .5625 197 .5750 198 .5875 199 .6000 200 .6125 201 .6250 202 .6375 203 .6500 204 .6625 205 .6750 206 .6875 207 .7000 208 .7125 209 .7250 210 .7375 211 .7500 212 .7625 213 .7750 214 .7875 215 .8000 216 .8125 217 .8250 218 .8375 219 .8500 220 .8625 221 .8750 222 .8875 223 .9000 224 .9125 225 .9250 226 .9375 227 .9500 228 .9625 229 .9750 230 .9875 231 854.0125 231a .0250 232 .0375 232a .0500 233 .0625 233a .0750 234 .0875 234a .1000 235 .1125 235a .1250 236 .1375 236a .1500 237 .1625 237a .1750 238 .1875 238a .2000 239 .2125 239a .2250 240 .2375 240a .2500 241 .2625 241a .2750 242 .2875 242a .3000 243 .3125 243a .3250 244 .3375 244a .3500 245 .3625 245a .3750 246 .3875 246a .4000 247 .4125 247a .4250 248 .4375 248a .4500 249 .4625 249a .4750 250 .4875 250a .5000 251 .5125 251a .5250 252 .5375 252a .5500 253 .5625 253a .5750 254 .5875 254a .6000 255 .6125 255a .6250 256 .6375 256a .6500 257 .6625 257a .6750 258 .6875 258a .7000 259 .7125 259a .7250 260 .7375 260a .7500 261 .7625 261a .7750 262 .7875 262a .8000 263 .8125 263a .8250 264 .8375 264a .8500 265 .8625 265a .8750 266 .8875 266a .9000 267 .9125 267a .9250 268 .9375 268a .9500 269 .9625 269a .9750 270 .9875 270a 855.0000 271 .0125 271a .0250 272 .0375 272a .0500 273 .0625 273a .0750 274 .0875 274a .1000 275 .1125 275a .1250 276 .1375 276a .1500 277 .1625 277a .1750 278 .1875 278a .2000 279 .2125 279a .2250 280 .2375 280a .2500 281 .2625 281a .2750 282 .2875 282a .3000 283 .3125 283a .3250 284 .3375 284a .3500 285 .3625 285a .3750 286 .3875 286a .4000 287 .4125 287a .4250 288 .4375 288a .4500 289 .4625 289a .4750 290 .4875 290a .5000 291 .5125 291a .5250 292 .5375 292a .5500 293 .5625 293a .5750 294 .5875 294a .6000 295 .6125 295a .6250 296 .6375 296a .6500 297 .6625 297a .6750 298 .6875 298a .7000 299 .7125 299a .7250 300 .7375 300a .7500 301 .7625 301a .7750 302 .7875 302a .8000 303 .8125 303a .8250 304 .8375 304a .8500 305 .8625 305a .8750 306 .8875 306a .9000 307 .9125 307a .9250 308 .9375 308a .9500 309 .9625 309a .9750 310 .9875 310a 856.0000 311 .0125 311a .0250 312 .0375 312a .0500 313 .0625 313a .0750 314 .0875 314a .1000 315 .1125 315a .1250 316 .1375 316a .1500 317 .1625 317a .1750 318 .1875 318a .2000 319 .2125 319a .2250 320 .2375 320a .2500 321 .2625 321a .2750 322 .2875 322a .3000 323 .3125 323a .3250 324 .3375 324a .3500 325 .3625 325a .3750 326 .3875 326a .4000 327 .4125 327a .4250 328 .4375 328a .4500 329 .4625 329a .4750 330 .4875 330a .5000 331 .5125 331a .5250 332 .5375 332a .5500 333 .5625 333a .5750 334 .5875 334a .6000 335 .6125 335a .6250 336 .6375 336a .6500 337 .6625 337a .6750 338 .6875 338a .7000 339 .7125 339a .7250 340 .7375 340a .7500 341 .7625 341a .7750 342 .7875 342a .8000 343 .8125 343a .8250 344 .8375 344a .8500 345 .8625 345a .8750 346 .8875 346a .9000 347 .9125 347a .9250 348 .9375 348a .9500 349 .9625 349a .9750 350 .9875 350a 857.0000 351 .0125 351a .0250 352 .0375 352a .0500 353 .0625 353a .0750 354 .0875 354a .1000 355 .1125 355a .1250 356 .1375 356a .1500 357 .1625 357a .1750 358 .1875 358a .2000 359 .2125 359a .2250 360 .2375 360a .2500 361 .2625 361a .2750 362 .2875 362a .3000 363 .3125 363a .3250 364 .3375 364a .3500 365 .3625 365a .3750 366 .3875 366a .4000 367 .4125 367a .4250 368 .4375 368a .4500 369 .4625 369a .4750 370 .4875 370a .5000 371 .5125 371a .5250 372 .5375 372a .5500 373 .5625 373a .5750 374 .5875 374a .6000 375 .6125 375a .6250 376 .6375 376a .6500 377 .6625 377a .6750 378 .6875 378a .7000 379 .7125 379a .7250 380 .7375 380a .7500 381 .7625 381a .7750 382 .7875 382a .8000 383 .8125 383a .8250 384 .8375 384a .8500 385 .8625 385a .8750 386 .8875 386a .9000 387 .9125 387a .9250 388 .9375 388a .9500 389 .9625 389a .9750 390 .9875 390a 858.0000 391 .0125 391a .0250 392 .0375 392a .0500 393 .0625 393a .0750 394 .0875 394a .1000 395 .1125 395a .1250 396 .1375 396a .1500 397 .1625 397a .1750 398 .1875 398a .2000 399 .2125 399a .2250 400 .2375 400a .2500 401 .2625 401a .2750 402 .2875 402a .3000 403 .3125 403a .3250 404 .3375 404a .3500 405 .3625 405a .3750 406 .3875 406a .4000 407 .4125 407a .4250 408 .4375 408a .4500 409 .4625 409a .4750 410 .4875 410a .5000 411 .5125 411a .5250 412 .5375 412a .5500 413 .5625 413a .5750 414 .5875 414a .6000 415 .6125 415a .6250 416 .6375 416a .6500 417 .6625 417a .6750 418 .6875 418a .7000 419 .7125 419a .7250 420 .7375 420a .7500 421 .7625 421a .7750 422 .7875 422a .8000 423 .8125 423a .8250 424 .8375 424a .8500 425 .8625 425a .8750 426 .8875 426a .9000 427 .9125 427a .9250 428 .9375 428a .9500 429 .9625 429a .9750 430 .9875 430a 859.0000 431 .0125 431a .0250 432 .0375 432a .0500 433 .0625 433a .0750 434 .0875 434a .1000 435 .1125 435a .1250 436 .1375 436a .1500 437 .1625 437a .1750 438 .1875 438a .2000 439 .2125 439a .2250 440 .2375 440a .2500 441 .2625 441a .2750 442 .2875 442a .3000 443 .3125 443a .3250 444 .3375 444a .3500 445 .3625 445a .3750 446 .3875 446a .4000 447 .4125 447a .4250 448 .4375 448a .4500 449 .4625 449a .4750 450 .4875 450a .5000 451 .5125 451a .5250 452 .5375 452a .5500 453 .5625 453a .5750 454 .5875 454a .6000 455 .6125 455a .6250 456 .6375 456a .6500 457 .6625 457a .6750 458 .6875 458a .7000 459 .7125 459a .7250 460 .7375 460a .7500 461 .7625 461a .7750 462 .7875 462a .8000 463 .8125 463a .8250 464 .8375 464a .8500 465 .8625 465a .8750 466 .8875 466a .9000 467 .9125 467a .9250 468 .9375 468a .9500 469 .9625 469a .9750 470 .9875 471 860.0125 471a .0250 472 .0375 472a .0500 473 .0625 473a .0750 474 .0875 474a .1000 475 .1125 475a .1250 476 .1375 476a .1500 477 .1625 477a .1750 478 .1875 478a .2000 479 .2125 479a .2250 480 .2375 480a .2500 481 .2625 481a .2750 482 .2875 482a .3000 483 .3125 483a .3250 484 .3375 484a .3500 485 .3625 485a .3750 486 .3875 486a .4000 487 .4125 487a .4250 488 .4375 488a .4500 489 .4625 489a .4750 490 .4875 490a .5000 491 .5125 491a .5250 492 .5375 492a .5500 493 .5625 493a .5750 494 .5875 494a .6000 495 .6125 495a .6250 496 .6375 496a .6500 497 .6625 497a .6750 498 .6875 498a .7000 499 .7125 499a .7250 500 .7375 500a .7500 501 .7625 501a .7750 502 .7875 502a .8000 503 .8125 503a .8250 504 .8375 504a .8500 505 .8625 505a .8750 506 .8875 506a .9000 507 .9125 507a .9250 508 .9375 508a .9500 509 .9625 509a .9750 510 .9875 510a 861.0000 511 .0125 511a .0250 512 .0375 512a .0500 513 .0625 513a .0750 514 .0875 514a .1000 515 .1125 515a .1250 516 .1375 516a .1500 517 .1625 517a .1750 518 .1875 518a .2000 519 .2125 519a .2250 520 .2375 520a .2500 521 .2625 521a .2750 522 .2875 522a .3000 523 .3125 523a .3250 524 .3375 524a .3500 525 .3625 525a .3750 526 .3875 526a .4000 527 .4125 527a .4250 528 .4375 528a .4500 529 .4625 529a .4750 530 .4875 530a .5000 531 .5125 531a .5250 532 .5375 532a .5500 533 .5625 533a .5750 534 .5875 534a .6000 535 .6125 535a .6250 536 .6375 536a .6500 537 .6625 537a .6750 538 .6875 538a .7000 539 .7125 539a .7250 540 .7375 540a .7500 541 .7625 541a .7750 542 .7875 542a .8000 543 .8125 543a .8250 544 .8375 544a .8500 545 .8625 545a .8750 546 .8875 546a .9000 547 .9125 547a .9250 548 .9375 548a .9500 549 .9625 549a .9750 550 .9875 551 862.0125 552 .0375 553 .0625 554 .0875 555 .1125 556 .1375 557 .1625 558 .1875 559 .2125 560 .2375 561 .2625 562 .2875 563 .3125 564 .3375 565 .3625 566 .3875 567 .4125 568 .4375 569 .4625 570 .4875 571 .5125 572 .5375 573 .5625 574 .5875 575 .6125 576 .6375 577 .6625 578 .6875 579 .7125 580 .7375 581 .7625 582 .7875 583 .8125 584 .8375 585 .8625 586 .8875 587 .9125 588 .9375 589 .9625 590 .9875 591 863.0125 592 .0375 593 .0625 594 .0875 595 .1125 596 .1375 597 .1625 598 .1875 599 .2125 600 .2375 601 .2625 602 .2875 603 .3125 604 .3375 605 .3625 606 .3875 607 .4125 608 .4375 609 .4625 610 .4875 611 .5125 612 .5375 613 .5625 614 .5875 615 .6125 616 .6375 617 .6625 618 .6875 619 .7125 620 .7375 621 .7625 622 .7875 623 .8125 624 .8375 625 .8625 626 .8875 627 .9125 628 .9375 629 .9625 630 .9875 631 864.0125 632 .0375 633 .0625 634 .0875 635 .1125 636 .1375 637 .1625 638 .1875 639 .2125 640 .2375 641 .2625 642 .2875 643 .3125 644 .3375 645 .3625 646 .3875 647 .4125 648 .4375 649 .4625 650 .4875 651 .5125 652 .5375 653 .5625 654 .5875 655 .6125 656 .6375 657 .6625 658 .6875 659 .7125 660 .7375 661 .7625 662 .7875 663 .8125 664 .8375 665 .8625 666 .8875 667 .9125 668 .9375 669 .9625 670 .9875 671 865.0125 672 .0375 673 .0625 674 .0875 675 .1125 676 .1375 677 .1625 678 .1875 679 .2125 680 .2375 681 .2625 682 .2875 683 .3125 684 .3375 685 .3625 686 .3875 687 .4125 688 .4375 689 .4625 690 .4875 691 .5125 692 .5375 693 .5625 694 .5875 695 .6125 696 .6375 697 .6625 698 .6875 699 .7125 700 .7375 701 .7625 702 .7875 703 .8125 704 .8375 705 .8625 706 .8875 707 .9125 708 .9375 709 .9625 710 .9875 711 866.0125 712 .0375 713 .0625 714 .0875 715 .1125 716 .1375 717 .1625 718 .1875 719 .2125 720 .2375 721 .2625 722 .2875 723 .3125 724 .3375 725 .3625 726 .3875 727 .4125 728 .4375 729 .4625 730 .4875 731 .5125 732 .5375 733 .5625 734 .5875 735 .6125 736 .6375 737 .6625 738 .6875 739 .7125 740 .7375 741 .7625 742 .7875 743 .8125 744 .8375 745 .8625 746 .8875 747 .9125 748 .9375 749 .9625 750 .9875 751 867.0125 752 .0375 753 .0625 754 .0875 755 .1125 756 .1375 757 .1625 758 .1875 759 .2125 760 .2375 761 .2625 762 .2875 763 .3125 764 .3375 765 .3625 766 .3875 767 .4125 768 .4375 769 .4625 770 .4875 771 .5125 772 .5375 773 .5625 774 .5875 775 .6125 776 .6375 777 .6625 778 .6875 779 .7125 780 .7375 781 .7625 782 .7875 783 .8125 784 .8375 785 .8625 786 .8875 787 .9125 788 .9375 789 .9625 790 .9875 791 868.0125 792 .0375 793 .0625 794 .0875 795 .1125 796 .1375 797 .1625 798 .1875 799 .2125 800 .2375 801 .2625 802 .2875 803 .3125 804 .3375 805 .3625 806 .3875 807 .4125 808 .4375 809 .4625 810 .4875 811 .5125 812 .5375 813 .5625 814 .5875 815 .6125 816 .6375 817 .6625 818 .6875 819 .7125 820 .7375 821 .7625 822 .7875 823 .8125 824 .8375 825 .8625 826 .8875 827 .9125 828 .9375 829 .9625 830 .9875 1 The channel bandwidth for interstitial channel pairs (denoted with an “a” after the channel number) is 12.5 kilohertz. All other channel pairs have a channel bandwidth of 25 kilohertz. Table of 896-901/935-940 MHz Channel Designations Channel No. Base Frequency (MHz) 1 935.0125 2 .0250 3 .0375 4 .0500 5 .0625 6 .0750 7 .0875 8 .1000 9 .1125 10 .1250 11 .1375 12 .1500 13 .1625 14 .1750 15 .1875 16 .2000 17 .2125 18 .2250 19 .2375 20 .2500 21 .2625 22 .2750 23 .2875 24 .3000 25 .3125 26 .3250 27 .3375 28 .3500 29 .3625 30 .3750 31 .3875 32 .4000 33 .4125 34 .4250 35 .4375 36 .4500 37 .4625 38 .4750 39 .4875 40 .5000 41 .5125 42 .5250 43 .5375 44 .5500 45 .5625 46 .5750 47 .5875 48 .6000 49 .6125 50 .6250 51 .6375 52 .6500 53 .6625 54 .6750 55 .6875 56 .7000 57 .7125 58 .7250 59 .7375 60 .7500 61 .7626 62 .7750 63 .7875 64 .8000 65 .8125 66 .8250 67 .8375 68 .8500 69 .8625 70 .8750 71 .8875 72 .9000 73 .9125 74 .9250 75 .9375 76 .9500 77 .9625 78 .9750 79 .9875 80 936.0000 81 .0125 82 .0250 83 .0375 84 .0500 85 .0625 86 .0750 87 .0875 88 .1000 89 .1125 90 .1250 91 .1375 92 .1500 93 .1625 94 .1750 95 .1875 96 .2000 97 .2125 98 .2250 99 .2375 100 .2500 101 .2625 102 .2750 103 .2875 104 .3000 105 .3125 106 .3250 107 .3375 108 .3500 109 .3625 110 .3750 111 .3875 112 .4000 113 .4125 114 .4250 115 .4375 116 .4500 117 .4625 118 .4750 119 .4875 120 .5000 121 .5125 122 .5250 123 .5375 124 .5500 125 .5625 126 .5750 127 .5875 128 .6000 129 .6125 130 .6250 131 .6375 132 .6500 133 .6625 134 .6750 135 .6875 136 .7000 137 .7125 138 .7250 139 .6375 140 .7500 141 .7625 142 .7750 143 .7875 144 .8000 145 .8125 146 .8250 147 .8375 148 .8500 149 .8625 150 .8750 151 .8875 152 .9000 153 .9125 154 .9250 155 .9375 156 .9500 157 .9625 158 .9750 159 .9875 160 937.0000 161 .0125 162 .0250 163 .0375 164 .0500 165 .0625 166 .0750 167 .0875 168 .1000 169 .1125 170 .1250 171 .1375 172 .1500 173 .1625 174 .1750 175 .1875 176 .2000 177 .2125 178 .2250 179 .2375 180 .2500 181 .2625 182 .2750 183 .2875 184 .3000 185 .3125 186 .3250 187 .3375 188 .3500 189 .3625 190 .3750 191 .3875 192 .4000 193 .4125 194 .4250 195 .4375 196 .4500 197 .4625 198 .4750 199 .4875 200 .5000 201 .5125 202 .5250 203 .5375 204 .5500 205 .5625 206 .5750 207 .5875 208 .6000 209 .6125 210 .6250 211 .6375 212 .6500 213 .6625 214 .6750 215 .6875 216 .7000 217 .7125 218 .7250 219 .7375 220 .7500 221 .7625 222 .7750 223 .7875 224 .8000 225 .8125 226 .8250 227 .8375 228 .8500 229 .8625 230 .8750 231 .8875 232 .9000 233 .9125 234 .9250 235 .9475 236 .9500 237 .9625 238 .9750 239 .9875 240 938.0000 241 .0125 242 .0250 243 .0375 244 .0500 245 .0625 246 .0750 247 .0875 248 .1000 249 .1125 250 .1250 251 .1375 252 .1500 253 .1625 254 .1750 255 .1875 256 .2000 257 .2125 258 .2250 259 .2375 260 .2500 261 .2625 262 .2750 263 .2875 264 .3000 265 .3125 266 .3250 267 .3375 268 .3500 269 .3625 270 .3750 271 .3875 272 .4000 273 .4125 274 .4250 275 .4375 276 .4500 277 .4625 278 .4750 279 .4875 280 .5000 281 .5125 282 .5250 283 .5375 284 .5500 285 .5625 286 .5750 287 .5875 288 .6000 289 .6125 290 .6250 291 .6375 292 .6500 293 .6625 294 .6750 295 .6875 296 .7000 297 .7125 298 .7250 299 .7375 300 .7500 301 .7625 302 .7750 303 .7875 304 .8000 305 .8125 306 .8250 307 .8375 308 .8500 309 .8625 310 .8750 311 .8875 312 .9000 313 .9125 314 .9250 315 .9375 316 .9500 317 .9625 318 .9750 319 .9875 320 939.0000 321 .0125 322 .0250 323 .0375 324 .0500 325 .0625 326 .0750 327 .0875 328 .1000 329 .1125 330 .1250 331 .1375 332 .1500 333 .1625 334 .1750 335 .1875 336 .2000 337 .2125 338 .2250 339 .2375 340 .2500 341 .2625 342 .2750 343 .2875 344 .3000 345 .3125 346 .3250 347 .3375 348 .3500 349 .3625 350 .3750 351 .3875 352 .4000 353 .4125 354 .4250 355 .4375 356 .4500 357 .4625 358 .4750 359 .4875 360 .5000 361 .5125 362 .5250 363 .5375 364 .5500 365 .5625 366 .5750 367 .5875 368 .6000 369 .6125 370 .6250 371 .6375 372 .6500 373 .6625 374 .6750 375 .6875 376 .7000 377 .7125 378 .7250 379 .7375 380 .7500 381 .7625 382 .7750 383 .7875 384 .8000 385 .8125 386 .8250 387 .8375 388 .8500 389 .8625 390 .8750 391 .8875 392 .9000 393 .9125 394 .9250 395 .9375 396 .9500 397 .9625 398 .9750 399 .9875 [ 70 FR 56583 , Sept. 28, 2005, as amended at 72 FR 35200 , June 27, 2007; 83 FR 61097 , Nov. 27, 2018; 85 FR 43139 , July 15, 2020] § 90.614 Segments of the 806-824/851-869 MHz band for non-border areas. The 806-824/851-869 MHz band (“800 MHz band”) will be divided as follows at locations farther then 110 km (68.4 miles) from the U.S./Mexico border and 140 km (87 miles) from the U.S./Canadian border (“non-border areas”) ( a ) 800 MHz high density cellular systems—as defined in § 90.7 —are prohibited from operating on channels 1-550 in non-border areas. ( b ) 800 MHz high density cellular systems—as defined in § 90.7 —are permitted to operate on channels 551-830 in non-border areas. ( c ) In the following counties and parishes, 800 MHz high density cellular systems—as defined in § 90.7 —are permitted to operate on channels 411-830: Alabama: Autauga, Baldwin, Barbour, Bibb, Blount, Bullock, Butler, Calhoun, Chambers, Cherokee, Chilton, Choctaw, Clarke, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, Dallas, DeKalb, Elmore, Escambia, Etowah, Fayette, Franklin, Geneva, Greene, Hale, Henry, Houston, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Lee, Limestone, Lowndes, Macon, Madison, Marengo, Marion, Marshall, Mobile, Monroe, Montgomery, Morgan, Perry, Pickens, Pike, Randolph, Russell, Shelby, St Clair, Sumter, Talladega, Tallapoosa, Tuscaloosa, Walker, Washington, Wilcox, Winston. Florida: Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Nassau, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, Washington. Georgia: Appling, Atkinson, Bacon, Baker, Baldwin, Banks, Barrow, Bartow, Ben Hill, Berrien, Bibb, Bleckley, Brantley, Brooks, Bryan, Bulloch, Burke, Butts, Calhoun, Camden, Candler, Carroll, Catoosa, Charlton, Chatham, Chattahoochee, Chattooga, Cherokee, Clarke, Clay, Clayton, Clinch, Cobb, Coffee, Colquitt, Columbia, Cook, Coweta, Crawford, Crisp, Dade, Dawson, Decatur, DeKalb, Dodge, Dooly, Dougherty, Douglas, Early, Echols, Effingham, Elbert, Emanuel, Evans, Fannin, Fayette, Floyd, Forsyth, Franklin, Fulton, Gilmer, Glascock, Glynn, Gordon, Grady, Greene, Gwinnett, Habersham, Hall, Hancock, Haralson, Harris, Hart, Heard, Henry, Houston, Irwin, Jackson, Jasper, Jeff Davis, Jefferson, Jenkins, Johnson, Jones, Lamar, Lanier, Laurens, Lee, Liberty, Lincoln, Long, Lowndes, Lumpkin, Macon, Madison, Marion, McDuffie, McIntosh, Meriwether, Miller, Mitchell, Monroe, Montgomery, Morgan, Murray, Muscogee, Newton, Oconee, Oglethorpe, Paulding, Peach, Pickens, Pierce, Pike, Polk, Pulaski, Putnam, Quitman, Rabun, Randolph, Richmond, Rockdale, Schley, Screven, Seminole, Spalding, Stephens, Stewart, Sumter, Talbot, Taliaferro, Tattnall, Taylor, Telfair, Terrell, Thomas, Tift, Toombs, Towns, Treutlen, Troup, Turner, Twiggs, Union, Upson, Walker, Walton, Ware, Warren, Washington, Wayne, Webster, Wheeler, White, Whitfield, Wilcox, Wilkes, Wilkinson, Worth. Louisiana: Catahoula, Concordia, Madison, Tensas. Mississippi: Adams, Alcorn, Amite, Attala, Calhoun, Carroll, Chickasaw, Choctaw, Claiborne, Clarke, Clay, Copiah, Covington, Forrest, Franklin, George, Greene, Grenada, Hancock, Harrison, Hinds, Holmes, Itawamba, Jackson, Jasper, Jefferson, Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Lawrence, Leake, Lee, Lincoln, Lowndes, Madison, Marion, Monroe, Montgomery, Neshoba, Newton, Noxubee, Oktibbeha, Pearl River, Perry, Pike, Pontotoc, Prentiss, Rankin, Scott, Simpson, Smith, Stone, Tippah, Tishomingo, Union, Walthall, Warren, Wayne, Webster, Wilkinson, Winston, Yazoo. North Carolina: Cherokee, Clay, Graham, Jackson, Macon. South Carolina: Abbeville, Aiken, Allendale, Anderson, Bamberg, Barnwell, Beaufort, Edgefield, Greenwood, Hampton, Jasper, McCormick, Oconee. Tennessee: Bledsoe, Bradley, Franklin, Giles, Hamilton, Hardin, Lawrence, Lincoln, Marion, McMinn, McNairy, Meigs, Monroe, Moore, Polk, Rhea, Sequatchie, Wayne. [ 69 FR 67843 , Nov. 22, 2004, as amended at 70 FR 76708 , Dec. 28, 2005; 72 FR 39760 , July 20, 2007] § 90.615 Individual channels available in the General Category in 806-824/851-869 MHz band. The General Category will consist of channels 231-260a and 511-550 at locations farther than 110 km (68.4 miles) from the U.S./Mexico border and 140 km (87 miles) from the U.S./Canadian border. All entities will be eligible for licensing on these channels except as described in paragraphs (a) and (b) of this section. ( a ) In a given 800 MHz NPSPAC region, any channel in the 231-260 range which is vacated by a licensee relocating to channels 551-830 and which remains vacant after band reconfiguration will be available as follows: ( 1 ) Only to eligible applicants in the Public Safety Category until three years after the release of a public notice announcing the completion of band reconfiguration in that region; ( 2 ) Only to eligible applicants in the Public Safety or Critical Infrastructure Industry Categories from three to five years after the release of a public notice announcing the completion of band reconfiguration in that region; ( 3 ) To all entities five years after release of a public notice announcing the completion of band reconfiguration in that region. ( b ) In a given 800 MHz NPSPAC region, any channel in the 231-260 range which is vacated by a licensee relocating to channels 511-550 and remains vacant after band reconfiguration will be available as follows: ( 1 ) Only to eligible applicants in the Public Safety Category until three years after the release of a public notice announcing the completion of band reconfiguration in that region; ( 2 ) Only to eligible applicants in the Public Safety or Critical Infrastructure Industry Categories from three to five years after the release of a public notice announcing the completion of band reconfiguration in that region; ( 3 ) To all entities five years after release of a public notice announcing the completion of band reconfiguration in that region. ( c ) Spectrum Block F1 consists of channels 236-260. ( d ) Applicants may begin to license interstitial channels (denoted with an “a” after the channel number) only after the Wireless Telecommunications Bureau and the Public Safety and Homeland Security Bureau jointly release a public notice announcing the availability of those channels for licensing in a National Public Safety Planning Advisory Committee region. [ 70 FR 6759 , Feb. 8, 2005, as amended at 70 FR 76708 , Dec. 28, 2005; 83 FR 61100 , Nov. 27, 2018] § 90.616 896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz narrowband segments. ( a ) In a transitioned market, the narrowband segments of realigned 900 MHz spectrum ( i.e., the 896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz bands (Paired channels 1-119 and 361-399 as specified in § 90.613 )) are designated for the following entities: ( 1 ) Applicants eligible in the Industrial/Business Pool of subpart C of this part ; ( 2 ) Business/Industrial/Land Transportation Pool and Specialized Mobile Radio licensees authorized as of September 13, 2018, for continuing operations; and ( 3 ) Business/Industrial/Land Transportation Pool and Specialized Mobile Radio licensees authorized as of September 13, 2018, for relocation to the new narrowband segments from the broadband segment pursuant to part 27, subpart P, of this chapter. ( b ) Applications for new authorizations will only be accepted from applicants specified in paragraph (a)(1) of this section. ( c ) Table 1 to § 90.616(c) indicates the channels available in transitioned markets to the entities set forth in paragraph (a) of this section. These frequencies are available in transitioned markets in non-border areas and the U.S./Mexico border area. For multi-channel systems, channels may be grouped vertically or horizontally as they appear in the following table. Table 1 to § 90.616 ( c )—Channels in the 896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz Frequency Bands in Tran- sitioned Markets [In non-border areas and in the United States/Mexico border area] 1-2-3-4-5 81-82-83-84-85. 6-7-8-9-10 86-87-88-89-90. 11-12-13-14-15 91-92-93-94-95. 16-17-18-19-20 96-97-98-99-100. 21-22-23-24-25 101-102-103-104-105. 26-27-28-29-30 106-107-108-109-110. 31-32-33-34-35 111-112-113-114-115. 36-37-38-39-40 116-117-118-119. 41-42-43-44-45 361-362-363-364-365. 46-47-48-49-50 366-367-368-369-370. 51-52-53-54-55 371-372-373-374-375. 56-57-58-59-60 376-377-378-379-380. 61-62-63-64-65 381-382-383-384-385. 66-67-68-69-70 386-387-388-389-390. 71-72-73-74-75 391-392-393-394-395. 76-77-78-79-80 396-397-398-399. ( d ) Table 2 to § 90.616(d) indicates the channels available in transitioned markets to the entities set forth in paragraph (a) of this section, available for use in the U.S./Canada border area. Table 2 to § 90.616 ( d )—Channels in the 896-897.5/935-936.5 and 900.5-901/939.5-940 MHz Frequency Bands in Transitioned Markets Available in the U.S./Canada Border Area Region Location (longitude) Channels 1 66° W-71° W (0-100 km from border) 1-119, 398, 399. 2 71° W-80°30′ W (0-100 km from border) 1-119. 3 80°30′ W-85° W (0-100 km from border) 1-119. 4 85° W-121°30′ W (0-100 km from border) 1-119, 398, 399. 5 121°30′ W-127° W (0-140 km from border) 1-119, 398, 399. 6 127° W-143° W (0-100 km from border) 1-119, 398, 399. 7 66° W-121°30′ W (100-140 km from border) 1-119, 361-399. 8 127° W-143° W (100-140 km from border) 1-119, 361-399. ( e ) Table 3 to § 90.616(e) indicates additional channels available in transitioned markets to the entities set forth in paragraph (a) of this section, available for use in the U.S./Canada border area. The channels listed in Table 3 are available for assignment in Regions 1-6 if the maximum power flux density (PFD) of the station's transmitted signal does not exceed the limits specified in tables 29 and 30 of § 90.619 of this chapter . Table 3 to § 90.616 ( e )—Additional Channels Available in Tran- sitioned Markets in the U.S./Canada Border Area [Regions 1-6] Region Channel No.'s Effective radiated power 1 361-397 See Table 29 of section 90.619. 2 361-399 See Table 29 of section 90.619. 3 361-399 See Table 29 of section 90.619. 4 361-397 See Table 29 of section 90.619. 5 361-397 See Table 30 of section 90.619. 6 361-397 See Table 29 of section 90.619. [ 85 FR 43139 , July 15, 2020] § 90.617 Frequencies in the 809.750-824/854.750-869 MHz, and 896-901/935-940 MHz bands available for trunked, conventional or cellular system use in non-border areas. The following channels will be available at locations farther then 110 km (68.4 miles) from the U.S./Mexico border and 140 km (87 miles) from the U.S./Canadian border (“non-border areas”). ( a ) Unless otherwise specified, the channels listed in Table 1 and paragraph (a)(1) of this section are available for to eligible applicants in the Public Safety Category which consists of licensees eligible in the Public Safety Pool of subpart B of this part . 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These frequencies are available in non-border areas. Specialized Mobile Radio Systems will not be authorized in this category. These channels are available for intercategory sharing as indicated in § 90.621(e) . Table 1—Public Safety Pool 806-816/851-861 MHz Band Channels [139 Channels] Group No. Channel Nos. 269 269-289-311-399-439. 269a 269a-289a-311a-399a-439a. 270 270-290-312-400-440. 270a 270a-290a-312a-400a-440a. 279 279-299-319-339-359. 279a 279a-299a-319a-339a-359a. 280 280-300-320-340-360. 280a 280a-300a-320a-340a-360a. 309 309-329-349-369-389. 309a 309a-329a-349a-369a-389a. 310 310-330-350-370-390. 310a 310a-330a-350a-370a-390a. 313 313-353-393-441-461. 313a 313a-353a-393a-441a-461a. 314 314-354-394-448-468. 314a 314a-354a-394a-448a-468a. 321 321-341-361-381-419. 321a 321a-341a-361a-381a-419a. 328 328-348-368-388-420. 328a 328a-348a-368a-388a-420a. 351 351-379-409-429-449. 351a 351a-379a-409a-429a-449a. 352 352-380-410-430-450. 332a 352a-380a-410a-430a-450a. Single Channels 391, 392, 401, 408, 421, 428, 459, 460, 469, 470. 391a, 392a, 401a, 408a, 421a, 428a, 459a, 460a, 469a. ( 1 ) Channels numbers 1-230 are also available to eligible applicants in the Public Safety Category in non-border areas. The assignment of these channels will be done in accordance with the policies defined in the Report and Order in Gen. Docket No. 87-112 (See § 90.16 ). The following channels are available only for mutual aid purposes as defined in Gen. Docket No. 87-112: Channels 1, 39, 77, 115, 153. Mobile and portable radios operating on the mutual aid channels shall employ analog FM emission. ( 2 ) Except as provided in paragraph (a)(3) of this section, the channels listed in Table 1A are available in the counties listed in § 90.614(c) to eligible applicants in the Public Safety Category. 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in § 90.621(e) . Table 1A—Public Safety Pool 806-813.5/851-858.5 MHz Band Channels for Counties in Southeastern U.S. [138 Channels] Group No. Channel Nos. 261 261-313-324-335-353 261a 261a-313a-324a-335a-353a 262 262-314-325-336-354 262a 262a-314a-325a-336a-354a 265 265-285-315-333-351 265a 265a-285a-315a-333a-351a 266 266-286-316-334-352 266a 266a-286a-316a-334a-352a 269 269-289-311-322-357 269a 269a-289a-311a-322a-357a 270 270-290-312-323-355 270a 270a-290a-312a-323a-355a 271 271-328-348-358-368 271a 271a-328a-348a-358a-368a 279 279-299-317-339-359 279a 279a-299a-317a-339a-359a 280 280-300-318-340-360 280a 280a-300a-318a-340a-360a 309 309-319-329-349-369 309a 309a-319a-329a-349a-369a 310 310-320-330-350-370 310a 310a-320a-330a-350a 321 321-331-341-361-372 321a 321a-331a-341a-361a Single Channels 326, 327, 332, 337, 338, 342, 343, 344, 345, 356, 326a, 327a, 332a, 337a, 338a, 342a, 343a, 344a, 345a, 356a ( 3 ) The channels listed in Table 1B are available within 113 km (70 mi) of the center city coordinates of Atlanta, GA to eligible applicants in the Public Safety Category. The center city coordinates of Atlanta, GA—for the purposes of the rule—are defined as 33°44′55″ NL, 84°23′17″ WL. 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in § 90.621(e) . Table 1B—Public Safety Pool 806-813.5/851-858.5 MHz Band Channels for Atlanta, GA [138 Channels] Group No. Channel Nos. 261 261-313-324-335-353 261a 261a-313a-324a-335a-353a 262 262-314-325-336-354 262a 262a-314a-325a-336a-354a 269 269-289-311-322-357 269a 269a-289a-311a-322a-357a 270 270-290-312-323-355 270a 270a-290a-312a-323a-355a 279 279-299-319-339-359 279a 279a-299a-319a-339a-359a 280 280-300-320-340-360 280a 280a-300a-320a-340a-360a 285 285-315-333-351-379 285a 285a-315a-333a-351a-379a 286 286-316-334-352-380 286a 286a-316a-334a-352a-380a 309 309-329-349-369-389 309a 309a-329a-349a-369a-389a 310 310-330-350-370-390 310a 310a-330a-350a-370a 321 321-331-341-361-381 321a 321a-331a-341a-361a-381a 328 328-348-358-368-388 328a 328a-348a-358a-368a-388a Single Channels 317, 318, 326, 327, 332, 337, 338, 356, 371, 372 317a, 318a, 326a, 327a, 332a, 337a, 338a, 356a, 371a ( b ) Unless otherwise specified, the channels listed in Table 2 are available to applicants eligible in the Industrial/Business Pool of subpart C of this part but exclude Special Mobilized Radio Systems as defined in § 90.603(c) . 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These frequencies are available in non-border areas. Specialized Mobile Radio (SMR) systems will not be authorized on these frequencies. These channels are available for inter-category sharing as indicated in § 90.621(e) . Table 2—Business/Industrial/Land Transportation Pool 806-816/851-861 MH z Band Channels [200 Channels] Group No. Channel Nos. 322 322-362-402-442-482. 322a 322a-362a-402a-442a-482a. 323 323-363-403-443-483. 323a 323a-363a-403a-443a-483a. 324 324-364-404-444-484. 324a 324a-364a-404a-444a-484a. 325 325-365-405-445-485. 325a 325a-365a-405a-445a-485a. 326 326-366-406-446-486. 326a 326a-366a-406a-446a-486a. 327 327-367-407-447-487. 327a 327a-367a-407a-447a-487a. 342 342-382-422-462-502. 342a 342a-382a-422a-462a-502a. 343 343-383-423-463-503. 343a 343a-383a-423a-463a-503a. 344 344-384-424-464-504. 344a 344a-384a-424a-464a-504a. 345 345-385-425-465-505. 345a 345a-385a-425a-465a-505a. 346 346-386-426-466-506. 346a 346a-386a-426a-466a-506a. 347 347-387-427-467-507. 347a 347a-387a-427a-467a-507a. Single Channels 261, 271, 281, 291, 301, 262, 272, 282, 292, 302, 263, 273, 283, 293, 303, 264, 274, 284, 294, 304, 265, 275, 285, 295, 305, 266, 276, 286, 296, 306, 267, 277, 287, 297, 307, 268, 278, 288, 298, 308. 261a, 271a, 281a, 291a, 301a, 262a, 272a, 282a, 292a, 302a, 263a, 273a, 283a, 293a, 303a, 264a, 274a, 284a, 294a, 304a, 265a, 275a, 285a, 295a, 305a, 266a, 276a, 286a, 296a, 306a, 267a, 277a, 287a, 297a, 307a, 268a, 278a, 288a, 298a, 308a. ( 1 ) Except as provided in paragraph (b)(2) of this section, the channels listed in Table 2A are available in the counties listed in § 90.614(c) to eligible applicants in the Industrial/Business Pool of subpart C of this part but exclude Special Mobilized Radio Systems as defined in § 90.603(c) . 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in § 90.621(e) . Table 2A—Business/Industrial/Land Transportation Pool 806-813.5/851-858.5 MHz Band for Channels in Southeastern U.S. [137 Channels] Channel Nos. Single Channels 263, 264, 267, 268, 272, 273, 274, 275, 276, 277, 278, 281, 282, 283, 284, 287, 288, 291, 292, 293, 294, 295, 296, 297, 298, 301, 302, 303, 304, 305, 306, 307, 308, 346, 347, 362, 363, 364, 365, 366, 367, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 263a, 264a, 267a, 268a, 272a, 273a, 274a, 275a, 276a, 277a, 278a, 281a, 282a, 283a, 284a, 287a, 288a, 291a, 292a, 293a, 294a, 295a, 296a, 297a, 298a, 301a, 302a, 303a, 304a, 305a, 306a, 307a, 308a, 346a, 347a, 362a, 363a, 364a, 365a, 366a, 367a, 379a, 380a, 381a, 382a, 383a, 384a, 385a, 386a, 387a, 388a, 389a, 390a, 391a, 392a, 393a, 394a, 399a, 400a, 401a, 402a, 403a, 404a, 405a, 406a, 407a, 408a, 409a ( 2 ) The channels listed in Table 2B are available within 113 km (70 mi) of the center city coordinates of Atlanta, GA, to eligible applicants in the Industrial/Business Pool of subpart C of this part but exclude Special Mobilized Radio Systems as defined in § 90.603(c) . The center city coordinates of Atlanta, GA—for the purposes of the rule—are defined as 33°44′55″ NL, 84°23′17″ WL. 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in § 90.621(e) . Table 2B—Business/Industrial/Land Transportation Pool 806-813.5/851-858.5 MHz Band for Channels in Atlanta, GA [137 Channels] Channel Nos. Single Channels 263, 264, 265, 266, 267, 268, 271, 272, 273, 274, 275, 276, 277, 278, 281, 282, 283, 284, 287, 288, 291, 292, 293, 294, 295, 296, 297, 298, 301, 302, 303, 304, 305, 306, 307, 308, 342, 343, 344, 345, 346, 347, 362, 363, 364, 365, 366, 367, 382, 383, 384, 385, 386, 387, 391, 392, 393, 394, 399, 400, 401, 402, 403, 404, 405, 406, 407, 409, 410 263a, 264a, 265a, 266a, 267a, 268a, 271a, 272a, 273a, 274a, 275a, 276a, 277a, 278a, 281a, 282a, 283a, 284a, 287a, 288a, 291a, 292a, 293a, 294a, 295a, 296a, 297a, 298a, 301a, 302a, 303a, 304a, 305a, 306a, 307a, 308a, 342a, 343a, 344a, 345a, 346a, 347a, 362a, 363a, 364a, 365a, 366a, 367a, 382a, 383a, 384a, 385a, 386a, 387a, 391a, 392a, 393a, 394a, 399a, 400a, 401a, 402a, 403a, 404a, 405a, 406a, 407a, 409a ( c ) Except as specified in § 90.616 , the channels listed in Table 3 of this section are available to applicants eligible in the Industrial Business Pool of subpart C of this part but exclude Specialized Mobile Radio Systems as defined in § 90.603(c) . These frequencies are available in non-border areas. Specialized Mobile Radio (SMR) systems will not be authorized on these frequencies. These channels are available for intercategory sharing as indicated in § 90.621(e) . For multi-channel systems, channels may be grouped vertically or horizontally as they appear in the following table. Table 3—Business/Industrial/Land Transportation Pool 896-901/935-940 MHZ Band Channels [199 channels] Channel Nos. 11-12-13-14-15 211-212-213-214-215 16-17-18-19-20 216-217-218-219-220 31-32-33-34-35 231-232-233-234-235 36-37-38-39-40 236-237-238-239-240 51-52-53-54-55 251-252-253-254-255 56-57-58-59-60 256-257-258-259-260 71-72-73-74-75 271-272-273-274-275 76-77-78-79-80 276-277-278-279-280 91-92-93-94-95 291-292-293-294-295 96-97-98-99-100 296-297-298-299-300 111-112-113-114-115 311-312-313-314-315 116-117-118-119-120 316-317-318-319-320 131-132-133-134-135 331-332-333-334-335 136-137-138-139-140 336-337-338-339-340 151-152-153-154-155 351-352-353-354-355 156-157-158-159-160 356-357-358-359-360 171-172-173-174-175 371-372-373-374-375 176-177-178-179-180 376-377-378-379-380 191-192-193-194-195 391-392-393-394-395 196-197-198-199-200 396-397-398-399 ( d ) Unless otherwise specified, the channels listed in Tables 4A and 4B are available only to eligibles in the SMR category—which consists of Specialized Mobile Radio (SMR) stations and eligible end users. 800 MHz high density cellular systems, as defined in § 90.7 , are prohibited on these channels. These frequencies are available in non-border areas. The spectrum blocks listed in Table 4A are available for EA-based services (as defined by § 90.681 ) prior to January 21, 2005. No new EA-based services will be authorized after January 21, 2005. EA-based licensees who operate non-high-density cellular systems prior to January 21, 2005, may choose to remain on these channels in the non-high-density cellular portion of the 800 MHz band (as defined in § 90.614 ). These licensees may continue to operate non-high-density cellular systems and will be grandfathered indefinitely. The channels listed in Table 4B will be available for site-based licensing after January 21, 2005, in any Economic Area where no EA-based licensee is authorized for these channels. Table 4A—EA-Based SMR Category 806-816/851-861 MHz Band Channels, Available Prior to January 21, 2005 [80 Channels] Spectrum block Channel Nos. G 311-351-391-431-471 H 312-352-392-432-472 I 313-353-393-433-473 J 314-354-394-434-474 K 315-355-395-435-475 L 316-356-396-436-476 M 317-357-397-437-477 N 318-358-398-438-478 O 331-371-411-451-491 P 332-372-412-452-492 Q 333-373-413-453-493 R 334-374-414-454-494 S 335-375-415-455-495 T 336-376-416-456-496 U 337-377-417-457-497 V 338-378-418-458-498 Table 4B—SMR Category 806-816/851-861 MH z Band Channels, Available After January 21, 2005, for Site-Based Licensing [160 Channels] Group No. Channel Nos. 315 315-355-395-435-475. 315a 315a-355a-395a-435a-475a. 316 316-356-396-436-476. 316a 316a-356a-396a-436a-476a. 317 317-357-397-437-477. 317a 317a-357a-397a-437a-477a. 318 318-358-398-438-478. 318a 318a-358a-398a-438a-478a. 331 331-371-411-451-491. 331a 331a-371a-411a-451a-491a. 332 332-372-412-452-492. 332a 332a-372a-412a-452a-492a. 333 333-373-413-453-493. 333a 333a-373a-413a-453a-493a. 334 334-374-414-454-494. 334a 334a-374a-414a-454a-494a. 335 335-375-415-455-495. 335a 335a-375a-415a-455a-495a. 336 336-376-416-456-496. 336a 336a-376a-416a-456a-496a. 337 337-377-417-457-497. 337a 337a-377a-417a-457a-497a. 338 338-378-418-458-498. 338a 338a-378a-418a-458a-498a Single Channels 431, 432, 433, 434, 471, 472, 473, 474, 479, 480, 481, 488, 489, 490, 499, 500, 501, 508, 509, 510. 431a, 432a, 433a, 434a, 471a, 472a, 473a, 474a, 479a, 480a, 481a, 488a, 489a, 490a, 499a, 500a, 501a, 508a, 509a, 510a. ( 1 ) Except as provided in paragraph (d)(2) of this section, the channels listed in Table 4C are available in the counties listed in § 90.614(c) for non-high-density cellular operations only to eligibles in the SMR category—which consists of Specialized Mobile Radio (SMR) stations and eligible end users. 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in § 90.621(e) . Table 4C—SMR Category 806-813.5/851-858.5 MH z Band Channels Available for Site-Based Licensing in Southeastern U.S. After January 21, 2005 [22 Channels] Channel Nos. Single Channels 371, 373, 374, 375, 376, 377, 378, 395, 396, 397, 398. 371a, 373a, 374a, 375a, 376a, 377a, 378a, 395a, 396a, 397a, 398a. ( 2 ) The channels listed in Table 4D are available within 113 km (70 mi) of the center city coordinates of Atlanta, GA, only to eligibles in the SMR category—which consists of Specialized Mobile Radio (SMR) stations and eligible end users. The center city coordinates of Atlanta, GA—for the purposes of this rule—are defined as 33°44′55″ NL, 84°23′17″ WL. 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in § 90.621(e) . 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. These channels are available for intercategory sharing as indicated in § 90.621(e) . Table 4D—SMR Category 806-813.5/851-858.5 MH z Band Channels Available for Site-Based Licensing in Atlanta, GA after January 21, 2005 [22 Channels] Channel Nos. Single Channels 373, 374, 375, 376, 377, 378, 395, 396, 397, 398, 408. 373a, 374a, 375a, 376a, 377a, 378a, 395a, 396a, 397a, 398a, 408a. ( e ) The Channels listed in § 90.614(b) and (c) are available to eligibles in the SMR category—which consists of Specialized Mobile Radio (SMR) stations and eligible end users. ESMR licensees which employ an 800 MHz high density cellular system, as defined in § 90.7 , are permitted to operate on these channels in non-border areas. ESMR licensees authorized prior to January 21, 2005, may continue to operate, if they so choose, on the channels listed in Table 5. These licensees will be grandfathered indefinitely. Table 5—ESMR Category 816-821 MHz Band Channels for Cellular Operations in Non-Border Areas Available Prior to January 21, 2005 [200 Channels] Spectrum block Channel Nos. A 511 through 530. B 531 through 590. C 591 through 710. ( f ) Except as specified in § 90.616 , the channels listed in Table 6 of this section are available for operations only to eligibles in the SMR category—which consists of Specialized Mobile Radio (SMR) stations and eligible end users. These frequencies are available in non-border areas. The spectrum blocks listed below are available for EA-based services according to § 90.681 . Table 6—SMR Category 896-901/935-940 MHz Band Channels [200 channels] Block Channel Nos. A 1-2-3-4-5-6-7-8-9-10 B 21-22-23-24-25-26-27-28-29-30 C 41-42-43-44-45-46-47-48-49-50 D 61-62-63-64-65-66-67-68-69-70 E 81-82-83-84-85-86-87-88-89-90 F 101-102-103-104-105-106-107-108-109-110 G 121-122-123-124-125-126-127-128-129-130 H 141-142-143-144-145-146-147-148-149-150 I 161-162-163-164-165-166-167-168-169-170 J 181-182-183-184-185-186-187-188-189-190 K 201-202-203-204-205-206-207-208-209-210 L 221-222-223-224-225-226-227-228-229-230 M 241-242-243-244-245-246-247-248-249-250 N 261-262-263-264-265-266-267-268-269-270 O 281-282-283-284-285-286-287-288-289-290 P 301-302-303-304-305-306-307-308-309-310 Q 321-322-323-324-325-326-327-328-329-330 R 341-342-343-344-345-346-347-348-349-350 S 361-362-363-364-365-366-367-368-369-370 T 381-382-383-384-385-386-387-388-389-390 ( g ) In a given NPSPAC region, channels below 471 listed in Tables 2 and 4B which are vacated by licensees relocating to channels 551-830 and which remain vacant after band reconfiguration will be available as indicated in § 90.617(g) (1 through 3). The only exception will be for the counties listed in § 90.614(c) . At locations greater then 113 km (70 mi) from the center city coordinates of Atlanta, GA within the counties listed in § 90.614(c) , the channels listed in Tables 2A and 4C which are vacated by licensees relocating to channels 411-830 and which remain vacant after band reconfiguration will be available as indicated in § 90.617(g) (1 through 3). At locations within 113 km (70 mi) of the center city coordinates of Atlanta, GA, the channels listed in Tables 2B and 4D which are vacated by licensees relocating to channels 411-830 and which remain vacant after band reconfiguration will be available as follows: ( 1 ) Only to eligible applicants in the Public Safety Category until three years after the release of a public notice announcing the completion of band reconfiguration in that region; ( 2 ) Only to eligible applicants in the Public Safety or Critical Infrastructure Industry Categories from three to five years after the release of a public notice announcing the completion of band reconfiguration in that region; ( 3 ) Five years after the release of a public notice announcing the completion of band reconfiguration in that region, these channels revert back to their original pool categories. ( h ) In a given 800 MHz NPSPAC region—except for the counties listed in § 90.614(c) —channels below 471 listed in Tables 2 and 4B which are vacated by a licensee relocating to channels 511-550 and remain vacant after band reconfiguration will be available as follows: ( 1 ) Only to eligible applicants in the Public Safety Category until three years after the release of a public notice announcing the completion of band reconfiguration in that region; ( 2 ) Only to eligible applicants in the Public Safety or Critical Infrastructure Industry Categories from three to five years after the release of a public notice announcing the completion of band reconfiguration in that region; ( 3 ) Five years after the release of a public notice announcing the completion of band reconfiguration in that region, these channels revert back to their original pool categories. ( i ) Special Mobilized Radio Systems licensees who operate systems, other than 800 MHz high density cellular systems, on any of the public safety channels listed in Table 1 prior to January 21, 2005, are grandfathered and may continue to operate on these channels indefinitely. These grandfathered licensees will be prohibited from operating 800 MHz high density cellular systems as defined in § 90.7 . Site-based licensees who are grandfathered on any of the public safety channels listed in Table 1 may modify their license only if they obtain concurrence from a certified public safety coordinator in accordance with § 90.175(c) . Grandfathered EA-based licensees, however, are exempt from any of the frequency coordination requirements of § 90.175 as long as their operations remain within the Economic Area defined by their license in accordance with the requirements of § 90.683(a) . ( j ) Licensees operating 800 MHz high density cellular systems on the channels listed in § 90.614(a) , prior to January 21, 2005, may elect to continue operating on these channels and will be permitted to continue operating 800 MHz high density cellular systems (as defined in § 90.7 ) in this portion of the band. These licensees will be grandfathered indefinitely subject to the provisions of §§ 90.673 , 90.674 and 90.675 . ( k ) Licensees may operate systems other than 800 MHz high density cellular systems (as defined in § 90.7 ) on Channels 511-550 at any location vacated by an EA-based SMR licensee. For operations on these channels, unacceptable interference (as defined in § 22.970 of this chapter and § 90.672 ) will be deemed to occur only at sites where the following median desired signals are received (rather than those specified in § 22.970(a)(1)(i) of this chapter and § 90.672(a) (1(i). The minimum required median desired signal, as measured at the R.F. input of the receiver, will be as follows: ( 1 ) Mobile units (except in Puerto Rico and the U.S. Virgin Islands): ( i ) For channels 511 to 524—the minimum median desired signal levels specified in § 22.970(a)(1)(i) of this chapter and § 90.672(a)(1)(i) shall apply; ( ii ) For channels 524 to 534—the minimum median desired signal level shall increase linearly from the values specified in § 22.970(a)(1)(i) of this chapter and § 90.672(a)(1)(i) to −70 dBm; ( iii ) For channels 534 to 550—the minimum median desired signal level shall increase linearly from −70 dBm to −65 dBm. ( 2 ) Portable units (except in Puerto Rico and the U.S. Virgin Islands): ( i ) For channels 511 to 524—the minimum median desired signal levels specified in § 22.970(a)(1)(i) of this chapter and § 90.672(a)(1)(i) shall apply; ( ii ) For channels 524 to 530—the minimum median desired signal level shall increase linearly from the values specified in § 22.970(a)(1)(i) of this chapter and § 90.672(a)(1)(i) to −80 dBm; ( iii ) For channels 530 to 534—the minimum median desired signal level shall increase linearly from −80 dBm to −70 dBm; ( iv ) For channels 534 to 550—the minimum median desired signal level shall increase linearly from −70 dBm to −65 dBm. ( 3 ) Mobile units operating in Puerto Rico and the U.S. Virgin Islands: ( i ) For channels 511 to 530—the minimum median desired signal levels specified in § 22.970(a)(1)(i) of this chapter and § 90.672(a)(1)(i) shall apply; ( ii ) For channels 531 to 534—the minimum median desired signal level shall increase linearly from −80.2 dBm to −70 dBm; ( iii ) For channels 534 to 550—the minimum median desired signal level shall increase linearly from −70 dBm to −65 dBm. ( 4 ) Portable units operating in Puerto Rico and the U.S. Virgin Islands: ( i ) For channels 511 to 530—the minimum median desired signal levels specified in § 22.970(a)(1)(i) of this chapter and § 90.672(a)(1)(i) shall apply; ( ii ) For channels 531 to 534—the minimum median desired signal level shall increase linearly from −80 dBm to −70 dBm; ( iii ) For channels 534 to 550—the minimum median desired signal level shall increase linearly from −70 dBm to −65 dBm. ( l ) Applicants may begin to license interstitial pool channels (denoted with an “a” after the channel number) listed in paragraphs (a) through (d) of this section only after the Wireless Telecommunications Bureau and the Public Safety and Homeland Security Bureau jointly release a public notice announcing the availability of those channels for licensing in a National Public Safety Planning Advisory Committee region. ( m ) Incumbent licensees in the 470-512 MHz band in the urban areas specified in § 90.303 of the Commission's rules are given priority access over mutually exclusive applicants for a three-year period to all interstitial channel pairs in the public safety pool or the business/industrial/land transportation pool listed above for which they are eligible, provided that any relocating T-Band incumbent must commit to surrendering an equal amount of 470-512 MHz spectrum on a channel-for-channel basis. The three-year period begins on the date these channel pairs become available for licensing in a National Public Safety Planning Advisory Committee region. Priority access applies to any applicant seeking to license a base station within 80 kilometers (50 miles) or mobile units or control stations within 128 kilometers (80 miles) of the geographic center of the urbanized areas listed in § 90.303 of the Commission's rules. [ 69 FR 67843 , Nov. 22, 2004, as amended at 70 FR 6760 , Feb. 8, 2005; 70 FR 76708 , Dec. 28, 2005; 72 FR 39760 , July 20, 2007; 75 FR 35317 , June 22, 2010; 76 FR 11683 , Mar. 3, 2011; 81 FR 30201 , May 16, 2016; 83 FR 61100 , Nov. 27, 2018; 85 FR 41417 , July 10, 2020; 85 FR 43140 , July 15, 2020] § 90.619 Operations within the U.S./Mexico and U.S./Canada border areas. ( a ) Use of frequencies in 800 MHz band in Mexico border region. All operations in the 806-824/851-869 MHz band within 110 km (68.35 miles) of the U.S./Mexico border (“Sharing Zone”) shall be in accordance with international agreements between the U.S. and Mexico. ( 1 ) The U.S. and Mexico divide primary access to channels in the Sharing Zone as indicated in Table A1 below. Table A1—U.S. and Mexico Primary Channels in Sharing Zone Channels Primary access 1-360 U.S. 361-610 Mexico. 611-830 U.S.-Mexico Co-Primary. ( 2 ) Stations authorized on U.S. primary channels in the Sharing Zone are subject to the effective radiated power (ERP) and antenna height limits listed below in Table A2. Table A2—Limits on Effective Radiated Power (ERP) and Antenna Height Average of the antenna height above average terrain on standard radials in the direction of the common border (meters) 1 Maximum ERP in any direction toward the common border per 25 kHz (watts) 0 to 503 500 Above 503 to 609 350 Above 609 to 762 200 Above 762 to 914 140 Above 914 to 1066 100 Above 1066 to 1219 75 Above 1219 to 1371 70 Above 1371 to 1523 65 Above 1523 5 1 Standard radials are 0°, 45°, 90°, 135°, 180°, 225°, 270° and 315° to True North. The height above average terrain on any standard radial is based upon the average terrain elevation above mean sea level. ( 3 ) Stations may be authorized on channels primary to Mexico in the Sharing Zone provided the maximum power flux density (PFD) at any point at or beyond the border does not exceed −107 db(W/m 2 ) per 25 kHz of bandwidth. Licensees may exceed this value only if all potentially affected counterpart operators in the other country agree to a higher PFD level. ( 4 ) Stations authorized on U.S.-Mexico co-primary channels in the Sharing Zone are permitted to exceed a maximum power flux density (PFD) of −107 db(W/m 2 ) per 25 kHz of bandwidth at any point at or beyond the border only if all potentially affected counterpart operators of 800 MHz high density cellular systems, as defined in § 90.7 , agree. ( 5 ) Channels in the Sharing Zone are available for licensing as indicated in Table A3 to this paragraph (a)(5) . Table A3—Eligibility Requirements for Channels in Sharing Zone Channels Eligibility requirements 1-230 Report and Order in Gen. Docket No. 87-112. 231-315a Public Safety Pool. 316-550 General Category. 551-830 Special Mobilized Radio for 800 MHz High Density Cellular. ( i ) Channel numbers 1-230 are also available to eligible applicants in the Public Safety Category in the Canada Border Regions. The assignment of these channels will be done in accordance with the policies defined in the Report and Order of Gen. Docket No. 87-112 (See § 90.16 ). The following channels are available only for mutual aid purposes as defined in Gen. Docket No. 87-112: Channels 1, 39, 77, 115, 153. Mobile and portable radios operating on the mutual aid channels shall employ analog FM emission. ( ii ) Channels 231-315a are available to applicants eligible in the Public Safety Category which consists of licensees eligible in the Public Safety Pool of subpart B of this part . 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. ( iii ) Channels 316-550 are available in the General Category. All entities are eligible for licensing on these channels. 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. ( iv ) Channels 551-830 are available to applicants eligible in the SMR category—which consists of Specialized Mobile Radio (SMR) stations and eligible end users. ESMR licensees who employ 800 MHz high density cellular systems, as defined in § 90.7 , are permitted to operate on these channels. ( 6 ) Stations located outside the Sharing Zone ( i.e. greater than 110 km from the border) are subject to the channel eligibility requirements and provisions listed in §§ 90.615 and 90.617 except that stations in the following counties are exempt from the requirements of paragraph (k) of § 90.617 : California: San Luis Obispo, Kern, San Bernardino, Santa Barbara, Ventura, Los Angeles, Orange and Riverside. ( b ) Use of frequencies in 900 MHz Band in Mexico border region. All operations in the 896-901/935-940 MHz band within the Mexico border region shall be in accordance with international agreements between the U.S. and Mexico. ( 1 ) Except as specified in § 90.616 , the channels listed in Table 1 of this section are available to applicants eligible in the Industrial/Business Pool of subpart C of this part but exclude Specialized Mobile Radio Systems as defined in § 90.603(c) . These frequencies are available within the Mexico border region. Specialized Mobile Radio (SMR) systems will not be authorized on these frequencies. For multi-channel systems, channels may be grouped vertically or horizontally as they appear in the following table. Channels numbered above 200 may be used only subject to the power flux density limits stated in paragraph (a)(2) of this section: Table 1—United States/Mexico Border Area, Business/Industrial/Land Transportation Pool 896-901/935-940 MHz Band [199 Channels] Channel Nos. 11-12-13-14-15 131-132-133-134-135 16-17-18-19-20 136-137-138-139-140 31-32-33-34-35 231-232-233-234-235 36-37-38-39-40 236-237-238-239-240 51-52-53-54-55 171-172-173-174-175 56-57-58-59-60 176-177-178-179-180 71-72-74-75 271-272-273-274-275 76-77-78-79-80 276-277-278-279-280 91-92-93-94-95 211-212-213-214-215 96-97-98-99-100 216-217-218-219-220 111-112-113-114-115 311-312-313-314-315 116-117-118-119-120 316-317-318-319-320 151-152-153-154-155 351-352-353-354-355 156-157-158-159-160 356-357-358-359-360 191-192-193-194-195 391-392-393-394-395 196-197-198-199-200 396-397-398-399 251-252-253-254-255 331-332-333-334-335 256-257-258-259-260 336-337-338-339-340 291-292-293-294-295 371-372-373-374-375 296-297-298-299-300 376-377-378-379-380 ( 2 ) Except as specified in § 90.616 , the channels listed in Table 2 of this section are available for operations only to eligibles in the SMR category—which consists of Specialized Mobile Radio (SMR) stations and eligible end users. These frequencies are available in the Mexico border region. The spectrum blocks listed in the table below are available for EA-based services according to § 90.681 . Table 2—United States-Mexico Border Area, SMR Category 896-901/935-940 MHz Band [200 Channels] Block Channel Nos. A 1-2-3-4-5-6-7-8-9-10 B 21-22-23-24-25-26-27-28-29-30 C 41-42-43-44-45-46-47-48-49-50 D 61-62-63-64-65-66-67-68-69-70 E 81-82-83-84-85-86-87-88-89-90 F 101-102-103-104-105-106-107-108-109-110 G 121-122-123-124-125-126-127-128-129-130 H 141-142-143-144-145-146-147-148-149-150 I 161-162-163-164-165-166-167-168-169-170 J 181-182-183-184-185-186-187-188-189-190 K 201-202-203-204-205-206-207-208-209-210 L 221-222-223-224-225-226-227-228-229-230 M 241-242-243-244-245-246-247-248-249-250 N 261-262-263-264-265-266-267-268-269-270 O 281-282-283-284-285-286-287-288-289-290 P 301-302-303-304-305-306-307-308-309-310 Q 321-322-323-324-325-326-327-328-329-330 R 341-342-343-344-345-346-347-348-349-350 S 361-362-363-364-365-366-367-368-369-370 T 381-382-383-384-385-386-387-388-389-390 Channels numbered above 200 may only be used subject to the power flux density limits at or beyond the Mexico border as stated in paragraph (4) of this section. ( 3 ) The specific channels that are available for licensing in the band 896-901/935-940 MHz within the Mexico border region are subject to Effective Radiated Power (ERP) and Antenna Height limitations as indicated in Table 3 below. Table 3—Limits of Effective Radiated Power (ERP) Corresponding to Antenna Heights of Base Stations in the 896-901/935-940 MHz Bands Within 110 Kilometers (68.4 Miles) of the Mexican Border Antenna height above mean sea level ERP in watts (maximum) Meters Feet 0-503 0-1650 500 504-609 1651-2000 350 610-762 2001-2500 200 764-914 2501-3000 140 915-1066 3001-3500 100 1067-1219 3501-4000 75 1220-1371 4000-4500 70 1372-1523 4501-5000 65 Above 1523 Above 5000 5 ( 4 ) All channels in the 896-901/935-940 MHz band are available for assignment to U.S. stations within the Mexico border region if the maximum power flux density (pfd) of the station's transmitted signal at any point at or beyond the border does not exceed −107 dB (W/m 2 ). The spreading loss must be calculated using the free space formula taking into account any antenna discrimination in the direction of the border. Authorizations for stations using channels allotted to Mexico on a primary basis will be secondary to Mexican operations and conditioned to require that licensees take immediate action to eliminate any harmful interference resulting from the station's transmitted signal exceeding −107 dB (W/m 2 ). ( c ) Use of 800 MHz Band in Canada Border Region. All operations in the 806-824/851-869 MHz band within 140 km (87 miles) of the U.S./Canada border (“U.S./Canada border area”) shall be in accordance with international agreements between the U.S. and Canada. ( 1 ) The U.S./Canada border area is divided into the following geographical regions (“Canada Border Regions”). U.S. primary channels are shown in the table by region. The remaining channels are primary to Canada (“Canada Primary channels”). Table C1—Geographical Regions Region Location (longitude) U.S. primary channels 1 66° W-71° W (0-100 km from border) 1-260, 561-710, 772-790 and 792-830. 2 71° W-80°30′ W (0-100 km from border) 1-170, 621-710 and 795-830. 3 80°30′ W-85° W (0-100 km from border) 1-320, 501-710, 729-730, 732-750, 752-770, 772-790 and 792-830. 4 85° W-121°30′ W (0-100 km from border) 1-260, 561-710, 772-790 and 792-830. 5 121°30′ W-127° W (0-140 km from border) 1-260, 561-710, 772-790 and 792-830. 6 127° W-143° W (0-100 km from border) 1-260, 561-710, 772-790 and 792-830. 7A 66° W-71° W (100-140 km from border) 1-830. 7A 80°30′ W-121°30′ W (100-140 km from border) 1-830. 7B 71° W-80°30′ W (100-140 km from border) 1-830. 8 127° W-143° W (100-140 km from border) 1-830. ( 2 ) Stations authorized on U.S. primary channels in all Canada Border Regions, except Region 5, will be subject to the Effective Radiated Power (ERP) and Effective Antenna Height (EAH) limitations listed in Table C2. The Effective Antenna Height is calculated by subtracting the Assumed Average Terrain Elevation (AATE) listed in Table C3 from the antenna height above mean sea level. Table C2—Limits of Effective Radiated Power (ERP) Corresponding to Effective Antenna Heights (EAH) for Regions 1, 2, 3, 4, 6, 7 and 8 Effective Antenna Height (EAH) ERP watts (maximum) Metres Feet 0-152 0-500 500 153-305 501-1000 125 306-457 1001-1500 40 458-609 1501-2000 20 610-914 2001-3000 10 915-1066 3001-3500 6 Above 1967 Above 3501 5 Table C3—Assumed Average Terrain Elevation (AATE) Along the U.S.-Canada Border Longitude (Φ) (°West) Latitude (Ω) (°North) Assumed average terrain elevation United States Canada Feet Metres Feet Metres 65 ≤Φ <69 Ω <45 0 0 0 0 ” 45 ≤Ω <46 300 91 300 91 ” Ω ≥46 1000 305 1000 305 69 ≤Φ <73 All 2000 609 1000 305 73 ≤Φ <74 ” 500 152 500 152 74 ≤Φ <78 ” 250 76 250 76 78 ≤Φ <80 Ω <43 250 76 250 76 ” Ω ≥43 500 152 500 152 80 ≤Φ <90 All 600 183 600 183 90 ≤Φ <98 ” 1000 305 1000 305 98 ≤Φ <102 ” 1500 457 1500 457 102 ≤Φ <108 ” 2500 762 2500 762 108 ≤Φ <111 ” 3500 1066 3500 1066 111 ≤Φ <113 ” 4000 1219 3500 1066 113 ≤Φ <114 ” 5000 1524 4000 1219 114 ≤Φ <121.5 ” 3000 914 3000 914 121.5 ≤Φ <127 ” 0 0 0 0 Φ ≥127 54 ≤Ω <56 0 0 0 0 ” 56 ≤Ω <58 500 152 1500 457 ” 58 ≤Ω <60 0 0 2000 609 ” 60 ≤Ω <62 4000 1219 2500 762 ” 62 ≤Ω <64 1600 488 1600 488 ” 64 ≤Ω <66 1000 305 2000 609 ” 66 ≤Ω <68 750 228 750 228 ” 68 ≤Ω <69.5 1500 457 500 152 ” Ω ≥69.5 0 0 0 0 ( 3 ) Stations authorized on U.S. primary channels in Canada Border Region 5 will be subject to the Effective Radiated Power (ERP) and Antenna Height Above Mean Sea Level limitations listed in Table C4. Table C4—Limits of Effective Radiated Power (ERP) Corresponding to Antenna Height Above Mean Sea Level for Region 5 Antenna Height Above Mean Sea Level ERP Watts (maximum) Metres Feet 0-503 0-1650 500 504-609 1651-2000 350 610-762 2001-2500 200 763-914 2501-3000 140 915-1066 3001-3500 100 1067-1219 3501-4000 75 1220-1371 4001-4500 70 1372-1523 4501-5000 65 Above 1523 Above 5000 5 ( 4 ) Stations may be authorized on Canada Primary channels in the Canada Border Regions provided the maximum power flux density (PFD) per 25 kHz at or beyond the border does not exceed −107 dB(W/m2). Stations authorized on Canada Primary channels will be secondary to stations in Canada unless otherwise specified in an international agreement between the U.S. and Canada. ( 5 ) Stations authorized to operate within 30 kilometers of the center city coordinates listed in Table C5 may operate according to the band plan for Canadian Border Regions 7A and 7B as indicated below. Table C5—Cities That Are Considered To Fall Within Candian Border Region 7 Location Coordinates Canadian border region Latitude Longitude Akron, Ohio 41°05′00.2″ N 81°30′39.4″ W 7A Youngstown, Ohio 41°05′57.2″ N 80°39′01.3″ W 7A Syracuse, New York 43°03′04.2″ N 76°09′12.7″ W 7B ( 6 ) The channels listed in Table C6 and paragraph (c)(6)(i) of this section are available in the Canada Border Regions for non-cellular operations to eligible applicants in the Public Safety Category which consists of licensees eligible in the Public Safety Pool of subpart B of this part . 800 MHz high density cellular systems as defined in § 90.7 are prohibited on these channels. Table C6—Public Safety Pool 806-816/851-861 MH z Band Channels in the Canada Border Regions Canada border region Channel Nos. Total (channels) Regions 1, 4, 5 and 6 231-260a 60 Region 2 See paragraph (c)(6)(i) of this section Region 3 231-320a, 501-508a 180 Regions 7A and 8 269, 289, 311, 399, 439, 270, 290, 312, 400, 440, 279, 299, 319, 339, 359, 280, 300, 320, 340, 360, 309, 329, 349, 369, 389, 310, 330, 350, 370, 390, 313, 353, 393, 441, 461, 314, 354, 394, 448, 468, 321, 341, 361, 381, 419, 328, 348, 368, 388, 420, 351, 379, 409, 429, 449, 352, 380, 410, 430, 450, 391, 392, 401, 408, 421, 428, 459, 460, 469, 470 139 269a, 289a, 311a, 399a, 439a, 270a, 290a, 312a, 400a, 440a, 279a, 299a, 319a, 339a, 359a, 280a, 300a, 320a, 340a, 360a, 309a, 329a, 349a, 369a, 389a, 310a, 330a, 350a, 370a, 390a, 313a, 353a, 393a, 441a, 461a, 314a, 354a, 394a, 448a, 468a, 321a, 341a, 361a, 381a, 419a, 328a, 348a, 368a, 388a, 420a, 351a, 379a, 409a, 429a, 449a, 352a, 380a, 410a, 430a, 450a, 391a, 392a, 401a, 408a, 421a, 428a, 459a, 460a, 469a Region 7B 231-260, 269, 289, 311, 399, 439, 270, 290, 312, 400, 440, 279, 299, 319, 339, 359, 280, 300, 320, 340, 360, 309, 329, 349, 369, 389, 310, 330, 350, 370, 390, 313, 353, 393, 441, 461, 314, 354, 394, 448, 468, 315, 355, 395, 435, 475, 316, 356, 396, 436, 476, 317, 357, 397, 437, 477, 318, 358, 398, 438, 478, 321, 341, 361, 381, 419, 328, 348, 368, 388, 420, 331, 371, 411, 451, 491, 332, 372, 412, 452, 492, 333, 373, 413, 453, 493, 334, 374, 414, 454, 494, 335, 375, 415, 455, 495, 336, 376, 416, 456, 496, 337, 377, 417, 457, 497, 338, 378, 418, 458, 498, 351, 379, 409, 429, 449, 352, 380, 410, 430, 450, 391, 392, 401, 408, 421, 428, 459, 460, 469, 470, 431, 432, 433, 434, 471, 472, 473, 474, 479, 480 339 231a-260a, 269a, 289a, 311a, 399a, 439a, 270a, 290a, 312a, 400a, 440a, 279a, 299a, 319a, 339a, 359a, 280a, 300a, 320a, 340a, 360a, 309a, 329a, 349a, 369a, 389a, 310a, 330a, 350a, 370a, 390a, 313a, 353a, 393a, 441a, 461a, 314a, 354a, 394a, 448a, 468a, 315a, 355a, 395a, 435a, 475a, 316a, 356a, 396a, 436a, 476a, 317a, 357a, 397a, 437a, 477a, 318a, 358a, 398a, 438a, 478a, 321a, 341a, 361a, 381a, 419a, 328a, 348a, 368a, 388a, 420a, 331a, 371a, 411a, 451a, 491a, 332a, 372a, 412a, 452a, 492a, 333a, 373a, 413a, 453a, 493a, 334a, 374a, 414a, 454a, 494a, 335a, 375a, 415a, 455a, 495a, 336a, 376a, 416a, 456a, 496a, 337a, 377a, 417a, 457a, 497a, 338a, 378a, 418a, 458a, 498a, 351a, 379a, 409a, 429a, 449a, 352a, 380a, 410a, 430a, 450a, 391a, 392a, 401a, 408a, 421a, 428a, 459a, 460a, 469a, 431a, 432a, 433a, 434a, 471a, 472a, 473a, 474a, 479a, 480a ( i ) Channel numbers 1-230 are also available to eligible applicants in the Public Safety Category in the Canada Border Regions. The assignment of these channels will be done in accordance with the policies defined in the Report and Order of Gen. Docket No. 87-112 (See § 90.16 ). The following channels are available only for mutual aid purposes as defined in Gen. Docket No. 87-112: Channels 1, 39, 77, 115, 153. Mobile and portable radios operating on the mutual aid channels shall employ analog FM emission. ( ii ) [Reserved] ( 7 ) The channels listed in Table C7 are available in the Canada Border Regions for the General Category. All entities will be eligible for licensing on these channels. 800 MHz high density cellular systems as defined in § 90.7 are permitted on these channels only as indicated in Table C7. The channels noted for Regions 1, 2, 3, 4, 5 and 6 where high density cellular systems are prohibited are all frequencies that are primary to Canada. Stations may be licensed on these Canada Primary channels according to paragraph (c)(4) of this section. Table C7—General Category 806-821/851-866 MH z Band Channels in the Canada Border Regions Canada border region General category channels where 800 MHz high density cellular systems are prohibited General category channels where 800 MHz high density cellular systems are permitted Regions 1, 4, 5 and 6 261-560 561-710 Region 2 231-620 621-710 Region 3 321-500a 509-710 Regions 7A and 8 231-260a, 511-550 None Region 7B 511-550 None ( 8 ) The channels listed in Table C8 are available in the Canada Border Regions to applicants eligible in the Industrial/Business Pool of subpart C of this part but exclude Special Mobilized Radio Systems as defined in § 90.603(c) . 800 MHz cellular high density systems as defined in § 90.7 are prohibited on these channels. Table C8—Business/Industrial/Land Transportation Pool 806-816/851-861 MH z Band Channels in the Canada Border Regions Canada border region Channel Nos. Total (channels) Regions 1, 2, 3, 4, 5 and 6 None 0 Regions 7A, 7B and 8 261, 271, 281, 291, 301, 262, 272, 282, 292, 302, 263, 273, 283, 293, 303, 264, 274, 284, 294, 304, 265, 275, 285, 295, 305, 266, 276, 286, 296, 306, 267, 277, 287, 297, 307, 268, 278, 288, 298, 308, 322, 362, 402, 442, 482, 323, 363, 403, 443, 483, 324, 364, 404, 444, 484, 325, 365, 405, 445, 485, 326, 366, 406, 446, 486, 327, 367, 407, 447, 487, 342, 382, 422, 462, 502, 343, 383, 423, 463, 503, 344, 384, 424, 464, 504, 345, 385, 425, 465, 505, 346, 386, 426, 466, 506, 347, 387, 427, 467, 507 200 261a, 271a, 281a, 291a, 301a, 262a, 272a, 282a, 292a, 302a, 263a, 273a, 283a, 293a, 303a, 264a, 274a, 284a, 294a, 304a, 265a, 275a, 285a, 295a, 305a, 266a, 276a, 286a, 296a, 306a, 267a, 277a, 287a, 297a, 307a, 268a, 278a, 288a, 298a, 308a, 322a, 362a, 402a, 442a, 482a, 323a, 363a, 403a, 443a, 483a, 324a, 364a, 404a, 444a, 484a, 325a, 365a, 405a, 445a, 485a, 326a, 366a, 406a, 446a, 486a, 327a, 367a, 407a, 447a, 487a, 342a, 382a, 422a, 462a, 502a, 343a, 383a, 423a, 463a, 503a, 344a, 384a, 424a, 464a, 504a, 345a, 385a, 425a, 465a, 505a, 346a, 386a, 426a, 466a, 506a, 347a, 387a, 427a, 467a, 507a ( 9 ) The channels listed in Table C9 are available in the Canada Border Regions to applicants eligible in the SMR category—which consists of Specialized Mobile Radio (SMR) stations and eligible end users. 800 MHz high density cellular systems, as defined in § 90.7 , are prohibited on these channels. Table C9—SMR Category 806-816/851-861 MH z Channels Available for Site-Based Licensing in the Canada Border Regions Canada border region Channel Nos. Total (channels) Regions 1, 2, 3, 4, 5 and 6 None 0 Regions 7A and 8 315, 355, 395, 435, 475, 316, 356, 396, 436, 476, 317, 357, 397, 437, 477, 318, 358, 398, 438, 478, 331, 371, 411, 451, 491, 332, 372, 412, 452, 492, 333, 373, 413, 453, 493, 334, 374, 414, 454, 494, 335, 375, 415, 455, 495, 336, 376, 416, 456, 496, 337, 377, 417, 457, 497, 338, 378, 418, 458, 498, 431, 432, 433, 434, 471, 472, 473, 474, 479, 480, 481, 488, 489, 490, 499, 500, 501, 508, 509, 510 160 315a, 355a, 395a, 435a, 475a, 316a, 356a, 396a, 436a, 476a, 317a, 357a, 397a, 437a, 477a, 318a, 358a, 398a, 438a, 478a, 331a, 371a, 411a, 451a, 491a, 332a, 372a, 412a, 452a, 492a, 333a, 373a, 413a, 453a, 493a, 334a, 374a, 414a, 454a, 494a, 335a, 375a, 415a, 455a, 495a, 336a, 376a, 416a, 456a, 496a, 337a, 377a, 417a, 457a, 497a, 338a, 378a, 418a, 458a, 498a, 431a, 432a, 433a, 434a, 471a, 472a, 473a, 474a, 479a, 480a, 481a, 488a, 489a, 490a, 499a, 500a, 501a, 508a, 509a, 510a Region 7B 481, 488, 489, 490, 499, 500, 501, 508, 509, 510. 20 481a, 488a, 489a, 490a, 499a, 500a, 501a, 508a, 509a, 510a. ( 10 ) The channels listed in Table C10 are available in the Canada Border Regions to applicants eligible in the SMR category—which consists of Specialized Mobile Radio (SMR) stations and eligible end users. ESMR licensees who employ 800 MHz high density cellular systems, as defined in § 90.7 , are permitted to operate on these channels. Some of the channels listed in Table C10 are primary to Canada as indicated in paragraph (c)(1) of this section. ESMR systems may be authorized on these Canada Primary channels according to paragraph (c)(4) of this section. Table C10—ESMR Category 817-824/862-869 MHz Channels Available for 800 MHz High Density Systems Canada Border Region Channel Nos. Total Regions 1, 2, 3, 4, 5 and 6 711-830 120 Channels. Regions 7A, 7B and 8 551-830 280 Channels. ( 11 ) In Canada Border Regions 1, 2, 3, 4, 5 and 6, the following General Category channels are available for licensing to all entities except as described below in paragraphs (c)(11)(i) and (c)(11)(ii): in Regions 1, 4, 5 and 6, channels 261-560; in Region 2, channels 231-620 and in Region 3, channels 321-500. ( i ) In a given 800 MHz NPSPAC region, the General Category channels listed paragraph (c)(11) of this section which are vacated by licensees relocating to channels 711-830 and which remain vacant after band reconfiguration will be available for licensing as follows: ( A ) Only to eligible applicants in the Public Safety Category until three years after the release of a public notice announcing the completion of band reconfiguration in that region; ( B ) Only to eligible applicants in the Public Safety or Critical Infrastructure Industry Categories from three to five years after the release of a public notice announcing the completion of band reconfiguration in that region; and ( C ) To all entities five years after release of a public notice announcing the completion of band reconfiguration in that region. ( ii ) The General Category channels listed in paragraph (c)(11) of this section are primary to Canada. Stations may be authorized on these Canada Primary channels according to paragraph (c)(4). ( 12 ) In Canada Border Regions 7A, 7B and 8, the following channels will be available as described in paragraphs (c)(12)(i) and (c)(12)(ii) of this section: for Canada Border Regions 7A and 8, channels 231-260 and channels below 471 in Tables C8 and C9; for Canada Border Region 7B all channels in Tables C8 and C9. ( i ) In a given 800 MHz NPSPAC region, the channels listed paragraph (c)(12) of this section which are vacated by licensees relocating to channels 511-830 and which remain vacant after band reconfiguration will be available as follows: ( A ) Only to eligible applicants in the Public Safety Category until three years after the release of a public notice announcing the completion of band reconfiguration in that region; and ( B ) Only to eligible applicants in the Public Safety or Critical Infrastructure Industry Categories from three to five years after the release of a public notice announcing the completion of band reconfiguration in that region. ( ii ) Five years after the release of a public notice announcing the completion of band reconfiguration in a given 800 MHz NPSPAC region, the channels listed in paragraph (c)(12) of this section will revert back to their original pool categories. ( d ) Use of 900 MHz Band in Canada Border Region. All operations in the 896-901/935-940 MHz band within the Canada border region shall be in accordance with international agreements between the U.S. and Canada. The following criteria shall govern the assignment of frequency pairs (channels) in the 896-901/935-940 MHz band for stations located in the U.S./Canada border area. They are available for assignments for conventional or trunked systems in accordance with applicable sections of this subpart. ( 1 ) Except as specified in § 90.616 , channels 1-399, as listed in § 90.613 table of 896-901/935-940 MHz Channel Designations, are available to eligible applicants for use in the U.S./Canada border area as shown in table 27. Table 27—Channels in the 896-901/935-940 MHz Frequency Bands Available in the U.S./Canada Border Area Region Location (longitude) Channels 1 66° W-71° W. (0-100 km from border) 1-200, 398, 399 2 71° W-80°30′ W (0-100 km from border) 1-120 3 80°30′ W-85° W (0-100 km from border) 1-340 4 85° W-121°30′ W (0-100 km from border) 1-200, 398, 399 5 121°30′ W-127° W (0-140 km from border) 1-200, 398, 399 6 127° W-143° W (0-100 km from border) 1-200, 398, 399 7 66° W-121°30′ W (100-140 km from border) 1-399 8 127° W-143° W (100-140 km from border) 1-399 Note: For assignments in the 896-901/935-940 MHz bands, the cities of Akron, Ohio (41°05′00″ N, 81°30′40″ W) and Youngstown, Ohio (41°05′57″ N, 80°39′02″ W) are considered outside of Region 3, and Syracuse, New York (43°03′04″ N, 76°09′14″ W) is considered outside of Region 2. These cities are defined as an area with the given center coordinates and encompassing a circle of 30 km radius. ( 2 ) All frequency assignments made pursuant to paragraph (d)(1) of this section shall comply with the requirements of § 90.619(b) . ( 3 ) In Region 5, except as specified in § 90.616 , channels 201-397 may be authorized in the United States under the following conditions: ( i ) An assignment may be made if the predicted power flux density (PFD) of a proposed station's signal does not exceed −107 dBW/m 2 at the border. The prediction of the PFD is calculated based upon a modified Longley-Rice point-to-point propagation model with time and location variabilities of 10 percent [ 3 ] and 3-second digitized terrain date [ 4 ] . ( ii ) Authorizations for Channels 201-397 in Region 5 are secondary to Canadian operations and conditioned to require that licensees take immediate action to eliminate any harmful interference resulting from the station's transmitted signal exceeding −107 dBW/m 2 at or beyond the U.S./Canada border. ( 4 ) Except as specified in § 90.616 , channel assignments for stations to be located in the geographical area in Region 1 enclosed by the United States-Canada border, the meridian 71° W and the line beginning at the intersection of 44°25′ N, 71° W, then running by great circle arc to the intersection of 45° N, 70° W, then North along meridian 70° W to the intersection of 45°45′ N, then running West along 45°45′ N to the intersection of the United States-Canada border, will be only for channels 121 through 160, inclusive, and will be limited to assignments with 11 kHz or less necessary bandwidth. Coordination with Canada will be required for these channels. ( 5 ) Except as specified in § 90.616 , channel assignments for stations to be located in the geographical area in Region 3 enclosed by the meridian of 81° W longitude, the arc of a circle of 100 km radius centered at 42°39′30″ N latitude and 81° W longitude at the northern shore of Lake Erie and drawn clockwise from the southerly intersection with 80°30′ W longitude to intersect the United States-Canada border West of 81° W, and the United States-Canada border, will be only for channels 121 through 230, inclusive, and will be limited to assignments with 11 kHz or less necessary bandwidth. Coordination with Canada will be required for these channels. U.S. stations must protect Canadian stations operating on channels 121 through 230 within an area of 30 km radius from the center city coordinates (referenced to North American Datum 1983 (NAD83)) of London, Ontario (42°59′00.1″ N, 81°13′59.5″ W). ( 6 ) Additional channels available: Except as specified in § 90.616 , the channels listed in table 28 are available for assignment in Regions 1-6 if the maximum power flux density (PFD) of the station's transmitted signal does not exceed the limits specified in tables 29 and 30 in this section. The spreading loss shall be calculated using the free space formula taking into account any antenna discrimination in the direction of the border. Table 28—Additional Channels Available [Regions 1-6] Region Channel No.'s Effective radiated power 1 201-397 See Table 29 2 121-399 See Table 29 3 341-399 See Table 29 4 201-397 See Table 29 5 201-397 See Table 30 6 201-397 See Table 29 Authorizations for stations using these channels will be secondary to Canadian operations and conditioned to require that licensees take immediate action to eliminate any harmful interference resulting from the station's transmitted signal exceeding the values specified in tables 29 or 30 at or beyond the U.S./Canada border. Table 29—Maximum Power Flux Density (PFD) at the U.S./Canada Border Corresponding to Effective Antenna Height [Regions 1, 2, 3, 4, and 6] Effective antenna height (EAH) PFD (dBW/m 2 ) Feet Meters 0-500 0-152 −84 501-1000 153-305 −90 1001-1500 306-457 −95 1501-2000 458-609 −98 2001-2500 610-762 −101 2501-3000 763-914 −101 3001-3500 915-1066 −103 3501-4000 1067-1219 −104 Above 4000 Above 1219 −104 Table 30—Maximum Power Flux Density (PFD) at the U.S./Canada Border Corresponding to Antenna Height Above Mean Sea Level [Region 5] Antenna height above mean sea level PFD (dBW/m 2 ) Feet Meters 0-1650 0-503 −87.0 1651-2000 504-609 −88.5 2001-2500 610-762 −91.0 2501-3000 763-914 −92.5 3001-3500 915-1066 −94.0 3501-4000 1067-1219 −95.0 4001-4500 1220-1371 −95.5 4501-5000 1372-1523 −96.0 Above 5000 Above 1523 −107.0 (Secs. 4(i) and 303, Communications Act, as amended, and 5 U.S.C. 553 (b)(3)(B) and (d)(1)) [ 47 FR 41032 , Sept. 16, 1982; 47 FR 41045 , Sept. 16, 1982] Editorial Note Editorial Note: For Federal Register citations affecting § 90.619 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . Footnotes - 90.619 [ 3 ] See note 1, paragraph (c) of this section. [ 4 ] See note 2, paragraph (c) of this section. § 90.621 Selection and assignment of frequencies. ( a ) Applicants for frequencies in the Public Safety and Business/Industrial/Land Transportation Categories must specify on the application the frequencies on which the proposed system will operate pursuant to a recommendation by the applicable frequency coordinator. Applicants for frequencies in the SMR Category must request specific frequencies by including in their applications the frequencies requested. ( 1 ) For trunked systems, the assignment of frequencies will be made in accordance with applicable loading criteria and in accordance with the following: ( i ) Channels will be chosen and assigned in accordance with §§ 90.615 , 90.617 , or 90.619 . ( ii ) A mobile station is authorized to transmit on any frequency assigned to its associated base station. ( iii ) There are no limitations on the number of frequencies that may be trunked. Authorizations for non-SMR stations may be granted for up to 20 trunked frequency pairs at a time in accordance with the frequencies listed in §§ 90.615 , 90.617 , and 90.619 . ( 2 ) For conventional systems the assignment of frequencies will be made in accordance with applicable loading criteria. Accordingly, depending upon the number of mobile units to be served, an applicant may either be required to share a channel, or, if an applicant shows a sufficient number of mobile units to warrant the assignment of one or more channels for its exclusive use, it may be licensed to use such channel or channels on an unshared basis in the area of operation specified in its application. ( i ) Channels will be chosen and assigned in accordance with §§ 90.615 , 90.617 , or 90.619 . ( ii ) A mobile station is authorized to transmit on any frequency assigned to its associated base station. ( b ) Stations authorized on frequencies listed in this subpart, except for those stations authorized pursuant to paragraph (g) of this section and EA-based and MTA-based SMR systems, will be assigned co-channel frequencies solely on the basis of distance between fixed stations. In addition, contour overlap as detailed in paragraph (d) of this section will be the basis for geographic separation between fixed stations operating on adjacent-channel frequencies in the 809-817 MHz/854-862 MHz sub-band, except where such fixed stations meet the distance separation criteria set out in this paragraph (b) . ( 1 ) Except as indicated in paragraph (b)(4) of this section, no station in Channel Blocks A through V shall be less than 169 km (105 mi) distant from a co-channel station that has been granted channel exclusivity and authorized 1 kW ERP on any of the following mountaintop sites: Santiago Peak, Sierra Peak, Mount Lukens, Mount Wilson (California). Except as indicated in paragraph (b)(4) of this section, no incumbent licensee in Channel Blocks F1 through V that has received the consent of all affected parties or a certified frequency coordinator to utilize an 18 dBµV/m signal strength interference contour shall be less than 229 km (142 mi) distant from a co-channel station that has been granted channel exclusivity and authorized 1 kW ERP on any of the following mountaintop sites: Santiago Peak, Sierra Peak, Mount Lukens, Mount Wilson (California). ( 2 ) The separation between co-channel stations that have been granted exclusivity and that are located at high sites in California north of 35° N Latitude and west of 118° W Longitude shall be determined as follows: ( i ) Required co-channel separations between common antenna sites are given by table 1. A channel group assigned to a station on a site listed in the vertical column may not be re-assigned to a station on a site listed in the horizontal column if there is an “X” in the box created by the intersection of the vertical and horizontal lines. The geographic coordinates listed in the table represent an average for each particular site; all locations within 1.6 km (1 mi) of the coordinates will be considered to be at that site. ( ii ) Required co-channel separations involving antenna sites not listed in table 1 shall be determined by Commission staff on a case by case basis. The interference potential of proposed assignments will be evaluated considering parameters such as antenna height, effective radiated power, terrain irregularities, and market conditions. ( 3 ) Except as indicated in paragraph (b)(4) of this section, stations in Channel Blocks A through V that have been granted channel exclusivity and are located in the State of Washington at the locations listed in the table below shall be separated from co-channel stations by a minimum of 169 km (105 mi). Except as indicated in paragraph (b)(4) of this section, incumbent licensees in Channel Blocks F1 through V that have received the consent of all affected parties or a certified frequency coordinator to utilize an 18 dBµV/m signal strength interference contour, have been granted channel exclusivity and are located in the State of Washington at the locations listed in the table below shall be separated from co-channel stations by a minimum of 229 km (142 mi). Locations within one mile of the geographical coordinates listed in the table below will be considered to be at that site. Note: Coordinates are referenced to North American Datum 1983 (NAD83). Site name North latitude West longitude Mount Constitution 48° 40′ 47.4″ 122° 50′ 28.7″ Lyman Mountain 48° 35′ 41.4″ 122° 09′ 39.6″ Cultus Mountain 48° 25′ 30.4″ 122° 08′ 58.5″ Gunsite Ridge 48° 03′ 22.4″ 121° 51′ 41.5″ Gold Mountain 47° 32′ 51.3″ 122° 46′ 56.5″ Buck Mountain 47° 47′ 05.3″ 122° 59′ 34.6″ Cougar Mountain 47° 32′ 39.4″ 122° 06′ 34.4″ Squak Mountain 47° 30′ 14.4″ 122° 03′ 34.4″ Tiger Mountain 47° 30′ 13.4″ 121° 58′ 32.4″ Devils Mountain 48° 21′ 52.4″ 122° 16′ 06.6″ McDonald Mountain 47° 20′ 11.3″ 122° 51′ 30.5″ Maynard Hill 48° 00′ 58.3″ 122° 55′ 35.6″ North Mountain 47° 19′ 07.3″ 123° 20′ 48.6″ Green Mountain 47° 33′ 40.3″ 122° 48′ 31.5″ Capitol Peak 46° 58′ 21.3″ 123° 08′ 21.5″ Rattlesnake Mountain 47° 28′ 09.4″ 121° 49′ 17.4″ Three Sisters Mountain 47° 07′ 19.4″ 121° 53′ 34.4″ Grass Mountain 47° 12′ 14.1″ 121° 47′ 42.4″ Spar Pole Hill 47° 02′ 51.4″ 122° 08′ 39.4″ ( 4 ) Upon an applicant's specific request to the Commission or a frequency coordinator, co-channel stations may be separated by less than 113 km (70 mi) by meeting certain transmitter ERP and antenna height criteria. The following table indicates separations assignable to such co-channel stations for various transmitter power and antenna height combinations. The minimum separation permitted is 88 km (55 mi). Applicants will provide the Commission with a statement that the application is submitted for consideration under the table, a list of all co-channel stations within 113 km (70 mi), and the DHAATs and ERPs for these stations and the applicant's proposed station. Applicants seeking to be licensed for stations located at distances less than those prescribed in the table are required to secure a waiver and must submit with the application, in addition to the above, an interference analysis, based upon any of the generally-accepted terrain-based propagation models, that shows that co-channel stations would receive the same or greater interference protection than provided in the table. Requests for separations less than 88 km (55 mi) must also include an analysis of interference potential from mobile transmitters to existing co-channel base station receivers. Applicants seeking a waiver must submit with their application a certificate of service indicating that concurrent with the submission of the application to the Commission or a coordinator, all co-channel licensees within the applicable area were served with a copy of the application and all attachments thereto. Licensees thus served may file an opposition to the application within 30 days from the date the application is filed with the Commission. ( i ) The directional height of the antenna above average terrain (DHAAT) is calculated from the average of the antenna heights above average terrain from 3 to 16 km (2 to 10 mi) from the proposed site along a radial extending in the direction of the existing station and the radials 15 degrees to either side of that radial. ( ii ) Except for the sites listed in paragraphs (b)(1) , (b)(2) , and (b)(3) of this section, additional co-channel distance separation must be afforded to an existing station from an applicant wishing to locate a station less than 113 km (70 mi) from a co-channel station, where either the applicant's or the existing station is located at sites with DHAATs of 458 m (1500 ft) and above. The separation between short-spaced co-channel stations shall be determined as follows: ( A ) Calculate the DHAAT in each direction between every existing co-channel station with 113 km (70 mi) and the proposed station. ( B ) In the table, locate the approximate ERP and DHAAT values for the proposed and existing stations. ( C ) When DHAAT values are greater than 458 m (1500 ft), use the required separation for 305 m (1000 ft) and add 1.6 km (1 mi) for every 30.5 km (100 ft), or increment thereof, of DHAAT above 458 m (1500 ft) to the distance indicated in the table. If both the proposed existing stations have DHAATs of 458 m (1500 ft) or more, the additional distance is separately determined for each station and the combined distance is added to the distance obtained from the table. Protection to existing stations will be afforded only up to 113 km (70 mi). Short-Spacing Separation Table Proposed station ERP (watts)/DHAAT(m) 3 Distance between stations (km) 1 2 Existing station DHAAT (meters) 3 305 215 150 108 75 54 37 1000/305 113 113 113 113 113 113 113 1000/215 113 113 113 113 113 113 110 1000/150 113 113 113 113 112 108 103 1000/108 113 113 113 110 107 103 98 1000/75 113 112 108 103 100 96 91 1000/54 113 109 105 100 97 93 88 1000/37 109 104 100 95 92 88 88 500/305 113 113 113 113 113 113 110 500/215 113 113 113 112 109 105 100 500/150 113 112 108 103 100 96 91 500/108 112 107 103 98 95 91 88 500/75 107 102 98 93 90 88 88 500/54 103 98 94 89 88 88 88 500/37 99 94 90 88 88 88 88 250/305 113 113 113 112 109 105 100 250/215 113 113 107 102 99 95 90 250/150 109 104 100 95 92 88 88 250/108 105 100 96 91 88 88 88 250/75 99 94 90 88 88 88 88 250/54 95 90 88 88 88 88 88 250/37 91 88 88 88 88 88 88 125/305 113 111 107 102 99 95 90 125/215 108 103 99 94 91 88 88 125/150 103 98 94 89 88 88 88 125/108 98 93 89 88 88 88 88 125/75 93 88 88 88 88 88 88 125/54 88 88 88 88 88 88 88 125/37 88 88 88 88 88 88 88 62/305 108 103 99 94 91 88 88 62/215 103 98 94 89 88 88 88 62/150 97 92 88 88 88 88 88 62/108 92 88 88 88 88 88 88 62/75 88 88 88 88 88 88 88 62/54 88 88 88 88 88 88 88 62/37 88 88 88 88 88 88 88 1 Separations for stations on Santiago Peak, Sierra Peak, Mount Lukens, and Mount Wilson (CA) and the locations in the State of Washington listed in paragraph (b)(3) of this section are 56 km (35 mi) greater than those listed in the table above. In the event of conflict between this table and the table of additional California high elevation sites shown in paragraph (b)(2) of this section, the latter will apply. 2 Distances shown are derived from the R-6602 curves and are based upon a non-overlap of the 22 dBu (F50,10) interference contour of the proposed station with the 40 dBu (F50,50) contour of the existing station(s). No consideration is given to the 40 dBu service contour of the proposed station and the 22 dBu contour of the existing station(s). The minimum separation of stations will be 88 km (55 mi). 3 All existing stations are assumed to operate with 1000 watts ERP. When the ERP and/or DHAAT of a proposed station or the DHAAT of an existing station is not indicated in the table, the next higher value(s) must be used. ( 5 ) The separation between co-channel systems may be less than the separations defined above if an applicant submits with its application letters of concurrence indicating that the applicant and each co-channel licensee within the specified separation agree to accept any interference resulting from the reduced separation between their systems. Each letter from a co-channel licensee must certify that the system of the concurring licensee is constructed and fully operational. The applicant must also submit with its application a certificate of service indicating that all concurring co-channel licensees have been served with an actual copy of the application. ( 6 ) A station located closer than the distances provided in this section to a co-channel station that was authorized as short-spaced under paragraph (b)(4) of this section shall be permitted to modify its facilities as long as the station does not extend its 22 dBu contour beyond its maximum 22 dBu contour (i.e., the 22 dBu contour calculated using the station's maximum power and antenna height at its original location) in the direction of the short-spaced station. ( 7 ) Offset frequencies in the 811-821/856-866 MHz band for use only within U.S./Mexico border area, as designated in § 90.619(a) , shall be considered co-channel with non-offset frequencies in this band as designated in § 90.613 . New applications for frequencies in this band for stations adjacent to the U.S./Mexico border area must comply with the co-channel separation provisions of this section. ( c ) Conventional systems authorized on frequencies in the Public Safety (except for those systems that have participated in a formal regional planning process as described in § 90.16 ) and Business/Industrial/Land Transportation categories which have not met the loading levels necessary for channel exclusivity will not be afforded co-channel protection. ( d ) Geographic separation between fixed stations operating on adjacent channels in the 809-817/854-862 MHz Mid-Band segment must be based on lack of contour overlap as detailed in paragraphs (d)(1) through (4), unless the co-channel distance separation criteria in paragraph (b) of this section are met. ( 1 ) Forward contour analysis. An applicant seeking to license a fixed station on a channel in the 809-817 MHz/854-862 MHz band segment will only be granted if the applicant's proposed interference contour creates no overlap with the 40 dBu F(50,50) contour of an incumbent operating a fixed station on an upper- or lower-adjacent channel. The applicant's interference contour is determined using the dBu level listed in the appropriate table in paragraph (d)(3) of this section. For this analysis the applicant shall plot the interference contour of its proposed fixed station at its proposed ERP but assume that any adjacent-channel incumbent licensee is operating at the maximum permitted ERP for the licensed antenna height. ( 2 ) Reciprocal contour analysis. In addition to the contour analysis described in paragraph (d)(1) of this section, any applicant seeking to license a fixed station on a channel in the 809-817 MHz/854-862 MHz band segment must also pass a reciprocal contour analysis. Under the reciprocal analysis, the interference contour, F(50,10) of an incumbent operating a fixed station on an upper- or lower-adjacent channel must create no contour overlap with the proposed 40 dBu F(50,50) contour of the applicant's fixed station. The incumbent's interference contour is determined using the dBu level listed in the appropriate table in paragraph (d)(3) of this section. For this analysis the applicant shall plot the coverage contour of its fixed station, F(50,50), at its proposed ERP and antenna height above average terrain but plot the interference contour, F(50,10), of any adjacent-channel incumbent licensee at its maximum permitted ERP for the licensed antenna height. ( 3 ) Contour matrix. Interference contour levels for the contour analysis described in paragraphs (d)(1) and (2) of this section are determined using Table 4 or Table 5 to this paragraph (d)(3) . Table 4 is used to determine the interference contour F(50,10) level of a fixed station operating on a 12.5 kilohertz bandwidth channel while Table 5 is used to determine the interference contour F(50,10) level of a fixed station operating on a 25 kilohertz bandwidth channel. The dBu level of the interference contour is determined by cross-referencing the modulation type of the station operating on the 25 kilohertz bandwidth channel with the modulation type of the station operating on the 12.5 kilohertz bandwidth channel. ( 4 ) Letters of concurrence. Applicants may submit applications which cause overlap under the forward contour analysis described in paragraph (d)(1) of this section provided the applicant includes a letter of concurrence from each incumbent that receives contour overlap. In the letter of concurrence, the incumbent operator must agree to accept any interference that occurs as a result of the contour overlap. Applicants may also submit applications which receive contour overlap under the reciprocal analysis described in paragraph (d)(2) of this section provided the applicant includes a letter of concurrence from each incumbent that causes contour overlap. In this case, the incumbent operator must state in its letter of concurrence that it does not object to the applicant receiving contour overlap from the incumbent's facility. ( e ) Frequencies in the 809-817/854-862 MHz bands listed as available for eligibles in the Public Safety and Business/Industrial/Land Transportation Categories are available for inter-category sharing under the following conditions: ( 1 ) Channels in the Public Safety and Business/Industrial/Land Transportation categories will be available to eligible applicants in those categories only if there are no frequencies in their own category and no public safety systems are authorized on those channels under consideration to be shared. ( 2 ) Notwithstanding paragraph (e)(5) of this section, licensees of channels in the Business/Industrial/Land Transportation category may request a modification of the license, see § 1.947 of this chapter , to authorize use of the channels for commercial operation. The licensee may also, at the same time or thereafter, seek authorization to transfer or assign the license, see § 1.948 of this chapter , to any person eligible for licensing in the General or SMR categories. Applications submitted pursuant to this paragraph must be filed in accordance with the rules governing other applications for commercial channels, and will be processed in accordance with those rules. Grant of requests submitted pursuant to this paragraph is subject to the following conditions: ( i ) A licensee that modifies its license to authorize commercial operations will not be authorized to obtain additional 800 MHz Business/Industrial/Land Transportation category channels for sites located within 113 km (70 mi.) of the station for which the license was modified, for a period of one year from the date the license is modified. This provision applies to the licensee, its controlling interests and their affiliates, as defined in § 1.2110 of this chapter . ( ii ) With respect to licenses the initial application for which was filed on or after November 9, 2000, requests submitted pursuant to paragraph (e)(2) of this section may not be filed until five years after the date of the initial license grant. In the case of a license that is modified on or after November 9, 2000 to add 800 MHz Business/Industrial/Land Transportation frequencies or to add or relocate base stations that expand the licensee's interference contour, requests submitted pursuant to paragraph (e)(2) of this section for these frequencies or base stations may not be filed until five years after such modification. ( iii ) Requests submitted pursuant to paragraph (e)(2) of this section must include a certification that written notice of the modification application has been provided to all Public Safety licensees, see § 90.20(a) , with base stations within 113 km (70 mi.) of the site of the channel(s) for which authorization for commercial use is sought that operate within 25 kHz of the center of those channel(s). If, pursuant to paragraph (e)(2) of this section, modification and assignment or transfer applications are filed at different times, the written notice required by this paragraph must be provided each time. ( iv ) The applicant must certify that it will take reasonable precautions to avoid causing harmful interference to Public Safety licensees, see § 90.20(a) , and to take such action as may be necessary to eliminate interference to such licensees caused by its operations. (When an assignment or transfer application is filed pursuant to paragraph (e)(2) of this section, this representation is required only of the assignee or transferee.) Licensees of stations suffering or causing harmful interference are expected to cooperate and resolve this problem by mutually satisfactory arrangements. If the licensees are unable to do so, the Commission may impose restrictions including specifying the transmitter power, antenna height, or area or hours of operation. ( 3 ) Licensees granted authorizations pursuant to paragraph (e)(2) of this section may at any time request modification of the license to authorize use of the channels consistent with the rules governing the category to which they are allocated, provided that the licensee meets the applicable eligibility requirements. ( 4 ) [Reserved] ( 5 ) The frequency coordinator must certify that frequencies are not available in the applicant's own category, and coordination is required from the applicable out-of-category coordinator. ( 6 ) The out-of-category licensee must operate by the rules applicable to the category to which the frequency is allocated. ( f ) Licensees of channels in the Business/Industrial/Land Transportation Categories in the 896-901/935-940 MHz bands may request a modification of the license, see § 1.947 of this chapter , to authorize use of the channels for commercial operation. The licensee may also, at the same time, or thereafter, seek authorization to transfer or assign the license, see § 1.948 of this chapter , to any person eligible for licensing in the General or SMR categories. Applications submitted pursuant to this paragraph must be filed in accordance with the rules governing other applications for commercial channels, and will be processed in accordance with those rules. ( g ) Applications for Public Safety systems (both trunked and conventional) in the 806-809/851-854 MHz bands will be assigned and protected based on the criteria established in the appropriate regional plan. See § 90.16 and the Report and Order in General Docket 87-112. ( h ) [Reserved] [ 47 FR 41032 , Sept. 16, 1982] Editorial Note Editorial Notes: 1. For Federal Register citations affecting § 90.621 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . 2. At 63 FR 68968 , Dec. 14, 1998, § 90.621 was amended by adding a note before Table 1 and revising the first two columns of Table 1. However, Table 1 of § 90.621 as it appears in the October 1, 1998 revision of title 47 parts 80-end is an illustration and cannot be edited for amendments. For the convenience of the user, the revised text is set forth as follows: § 90.621 Selection and assignment of frequencies. (b) * * * Table 1—Co-Channel Separations Between Common Antenna Sites in the State of California North of 35° North Latitude and West of 118° West Longitude [ Note: Coordinates are referenced to North American Datum 1983 (NAD83)] North latitude West longitude * * * 38°03′39.7″ 122°36′20.9″ * * * 37°55′43.7″ 122°35′14.9″ * * * 37°50′56.7″ 122°29′59.9″ * * * 37°52′53.7″ 121°55′08.9″ * * * 37°51′11.7″ 122°12′33.9″ * * * 37°52′57.7″ 122°13′14.9″ * * * 37°50′59.7″ 122°11′33.9″ * * * 37°43′32.8″ 122°24′55.9″ * * * 37°41′20.8″ 122°26′11.9″ * * * 37°24′38.8″ 122°18′23.9″ * * * 37°19′12.8″ 122°08′36.9″ * * * 37°10′36.8″ 121°54′27.8″ * * * 37°07′08.8″ 121°50′01.8″ * * * 37°06′39.8″ 121°50′32.8″ * * * 36°31′44.9″ 121°36′27.8″ * * * 37°29′14.8″ 121°52′06.8″ * * * 40°15′45.6″ 122°05′41.0″ * * * 39°51′49.6″ 121°41′23.9″ * * * 39°12′16.6″ 121°49′05.9″ * * * 39°08′00.6″ 121°06′01.8″ * * * 38°52′14.6″ 121°07′42.8″ * * * 38°24′19.7″ 122°06′33.9″ * * * 38°01′14.7″ 120°35′09.7″ * * * 37°30′30.8″ 121°22′29.8″ * * * 37°32′31.8″ 120°03′48.6″ * * * 37°04′09.8″ 119°25′42.5″ * * * 36°44′37.8″ 119°17′02.4″ * * * 36°18′09.8″ 120°24′06.6″ * * * 36°17′06.8″ 118°50′22.3″ * * * 35°38′28.8″ 118°47′11.3″ * * * 35°33′08.8″ 118°49′23.3″ * * * 35°17′16.9″ 119°30′58.4″ * * * 35°17′26.9″ 119°45′51.5″ * * * 35°16′50.9″ 119°44′55.5″ * * * § 90.623 Limitations on the number of frequencies assignable for conventional systems. ( a ) The maximum number of frequency pairs that may be assigned to a licensee for operation in the conventional mode in a given area is five (5). ( b ) Where an applicant proposes to operate a conventional radio system to provide facilities for the use of a single person or entity eligible under subparts B or C of this part , the applicant may be assigned only the number of frequency pairs justified on the basis of the requirement of the proposed single user of the system. ( c ) No non-SMR licensee will be authorized an additional frequency pair for a conventional system within 64 kilometers (40 miles) of an existing conventional system, except where: ( 1 ) The additional frequency pair will be used to provide radio facilities to a single entity and the additional frequency pair is justified on the basis of the requirements of the proposed single user; or, ( 2 ) The licensee's existing frequency pair(s) is loaded to prescribed levels. ( d ) No licensee will be authorized frequencies for a conventional system if that licensee is operating an unloaded trunked system or has an application pending for a trunked system to serve multiple subscribers within 64 km (40 miles) of the requested conventional system. [ 47 FR 41032 , Sept. 16, 1982, as amended at 48 FR 44559 , Sept. 29, 1983; 48 FR 51929 , Nov. 15, 1983; 58 FR 44963 , Aug. 25, 1993; 59 FR 59966 , Nov. 21, 1994; 62 FR 18935 , Apr. 17, 1997] § 90.625 Other criteria to be applied in assigning channels for use in conventional systems of communication. ( a ) Where an applicant certifies on its application that a channel will be loaded to 70 mobile stations, that channel will be made available to that applicant for its exclusive use in the area in which it proposes to operate. If the showing made justifies the assignment of more than one channel to the applicant, additional frequencies will be authorized. ( b ) Where an applicant proposes to furnish service to eligibles under subparts B or C of this part on a commercial basis using a conventional system of communication, the applicant will be considered on the same basis as that of an applicant for private or shared communication facilities. ( c ) No person authorized to operate any radio facility under the provisions of this subpart shall have a right to protest proposals on grounds other than violation of or inconsistency with the provisions of this subpart. All grants are made subject to this condition and to the other conditions and standards set out in this subpart. [ 47 FR 41032 , Sept. 16, 1982, as amended at 62 FR 18935 , Apr. 17, 1997; 63 FR 68969 , Dec. 14, 1998] § 90.627 Limitation on the number of frequency pairs that may be assignable for trunked systems and on the number of trunked systems. ( a ) The maximum number of frequency pairs that may be assigned at any one time for the operation of a trunked radio system is twenty, except as specified in § 90.621(a)(1)(iv) . ( b ) No non-SMR licensee will be authorized an additional trunked system within 64 kilometers (40 miles) of an existing trunked system, except where: ( 1 ) The additional trunked system will be used to provide radio facilities for a single entity, where the additional system is justified on the basis of the requirements of the proposed single user; or, ( 2 ) The licensee's existing trunked system is loaded to at least 70 mobile and control stations per channel. [ 47 FR 41032 , Sept. 16, 1982, as amended at 48 FR 44559 , Sept. 29, 1983; 48 FR 51929 , Nov. 15, 1983; 49 FR 36377 , Sept. 17, 1984; 51 FR 37404 , Oct. 22, 1986; 53 FR 12157 , Apr. 13, 1988; 58 FR 44963 , Aug. 25, 1993; 59 FR 59966 , Nov. 21, 1994] § 90.629 Extended implementation period. Applicants requesting frequencies for either trunked or conventional operations may be authorized a period of up to five (5) years for constructing and placing a system in operation in accordance with the following: ( a ) The applicant must justify an extended implementation period. The justification must describe the proposed system, state the amount of time necessary to construct and place the system in operation, identify the number of base stations to be constructed and placed in operation during each year of the extended construction period, and show that: ( 1 ) The proposed system will require longer than twelve (12) months to construct and place in operation because of its purpose, size, or complexity; or ( 2 ) The proposed system is to be part of a coordinated or integrated wide-area system which will require more than twelve (12) months to plan, approve, fund, purchase, construct, and place in operation; or ( 3 ) The applicant is required by law to follow a multi-year cycle for planning, approval, funding, and purchasing the proposed system. ( b ) Where an applicant is required by law to follow a multi-year cycle for planning, approval, funding and purchasing a proposed system, the applicant must indicate whether funding approval has been obtained and if not, when such funding approval is expected. ( c ) Authorizations under this section are conditioned upon the licensee constructing and placing its system in operation within the authorized implementation period and in accordance with an approved implementation plan of up to five years. Licensees must notify the Commission annually, using FCC Form 601, that they are in compliance with their yearly station construction commitments, but may request amendment to these commitments at the time they file their annual certification. If the Commission approves the requested amendments to a licensee's implementation commitments, the licensee's extended implementation authority will remain in effect. If, however, the Commission concludes, at this or any other time, that a licensee has failed to meet its commitments, the Commission will terminate authority for the extended implementation period. When the Commission terminates an extended implementation authority, the affected licensee will be given six months from the date of termination to complete system construction. At the end of any licensee's extended implementation period, authorizations for all stations not constructed and placed in operation will be cancelled. Trunked systems granted an extended implementation period must comply with the channel loading requirements of section 90.631(b) . Conventional channels not loaded to 70 mobile units may be subject to shared use by the addition of other licensees. ( d ) [Reserved] ( e ) As of March 18, 1996, Specialized Mobile Radio systems are not eligible for extended implementation periods under this section. Additionally, all 800 MHz SMR licensees that are operating under extended implementation authority as of March 18, 1996 must, by May 16, 1996, demonstrate that continuing to allow them to have an extended period of time to construct their facilities is warranted and furthers the public interest. If a licensee's extended implementation authority showing is approved by the Bureau, such licensee will be afforded an extended implementation of two years or the remainder of its current extended implementation period, whichever is shorter. Upon the termination of this period, the authorizations for those facilities that remain unconstructed will terminate automatically. If a licensee with a current extended implementation period fails to submit the showing mentioned above within the designated timeframe or submits an insufficient or incomplete showing, such licensee will have six months from the last day on which it could timely file such a showing or from the disapproval of its request to construct the remaining facilities covered under its implementation plan to construct any unconstructed facilities for which it is authorized. The authorizations for those facilities remaining unconstructed after this six-month period will terminate automatically. ( f ) Pursuant to § 90.155(b) , the provisions of this section shall apply to local government entities applying for any frequency in the Public Safety Pool. [ 58 FR 34379 , June 25, 1993, as amended at 61 FR 6157 , Feb. 16, 1996; 63 FR 68969 , Dec. 14, 1998; 65 FR 60877 , Oct. 13, 2000; 69 FR 67489 , Nov. 22, 2004] § 90.631 Trunked systems loading, construction and authorization requirements. ( a ) Non-SMR trunked systems will be authorized on the basis of a loading criteria of one hundred (100) mobile stations per channel. For purposes of determining compliance with trunked system loading requirements under this subpart, the term “mobile station” includes vehicular and portable mobile units and control stations. ( b ) Each applicant for a non-SMR trunked system must certify that a minimum of seventy (70) mobiles for each channel authorized will be placed into operation within five (5) years of the initial license grant. ( c ) Except for SMR applicants and as provided in paragraph (d) of this section, an applicant seeking to expand a trunked system by requesting additional channels from the Commission, or through intercategory sharing, or through an assignment, must have a loading level of seventy (70) mobiles per channel on the existing system that is the subject of the expansion request. ( d ) In rural areas, a licensee of a trunked system may request to increase its system capacity by five more channels than it has constructed without meeting the loading requirements specified in paragraphs (b) and (c) of this section. A rural area is defined for purposes of this section as being beyond a 100-mile radius of the following designated centers of the following urban areas: New York, NY; Los Angeles, CA; Chicago, IL; Philadelphia, PA; San Francisco, CA; Detroit, MI; Boston, MA; Houston, TX; Washington, DC; Dallas-Fort Worth, TX; Miami, FL; Cleveland, OH; St. Louis, MO; Atlanta, GA; Pittsburgh, PA; Baltimore, MD; Minneapolis-St. Paul, MN; Seattle, WA; San Diego, CA; and Tampa-St.Petersburg, FL. The coordinates for the centers of these areas are those referenced in § 90.741 , except that the coordinates (referenced to North American Datum 1983 (NAD83)) for Tampa-St. Petersburg are latitude 28°00′1.1″ N, longitude 82°26′59.3″ W. ( e ) Except as provided in § 90.629 , licensees of trunked facilities must complete construction within one year. ( f ) If a station is not placed in permanent operation, in accordance with the technical parameters of the station authorization, within one year, except as provided in § 90.629 , its license cancels automatically. For purposes of this section, a base station is not considered to be placed in operation unless at least two associated mobile stations, or one control station and one mobile station, are also placed in operation. ( g ) Wide area systems may be authorized to persons eligible for licensing under subparts B or C of this part upon an appropriate showing of need. Remote or satellite stations of wide area systems in the Public Safety, Special Emergency, Telephone Maintenance, and Power Radio Services may be authorized on a primary basis if such stations are the first to be authorized in their area of operation on the frequency or group of frequencies. Remote or satellite stations of wide area systems in all other services will be authorized only on a secondary, non-interference basis to cochannel licensees. To determine system loading, the total number of mobile units and control stations operating in the wide-area system shall be counted with respect to the total number of base station frequencies assigned to the system. ( h ) Regional, statewide, or ribbon configuration systems may be authorized to persons eligible for licensing under subparts B or C of this part upon an appropriate showing of need. In a ribbon, regional or statewide system, a mobile station will be counted for channel loading purposes only for the base station facility in the geographic area in which it primarily operates. If this cannot be determined, it will be counted fractionally over the number of base station facilities with which it communicates regularly. [ 47 FR 41032 , Sept. 16, 1982] Editorial Note Editorial Note: For Federal Register citations affecting § 90.631 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 90.633 Conventional systems loading requirements. ( a ) Non-SMR conventional systems of communication will be authorized on the basis of a minimum loading criteria of seventy (70) mobile stations for each channel authorized. ( b ) A channel will not be assigned to additional licensees when it is loaded to 70 mobile stations. Where a licensee does not load a channel to 70 mobiles the channel will be available for assignment to other licensees. All authorizations for conventional systems are issued subject to this potential channel sharing condition. ( c ) Except as provided in § 90.629 of this part , licensees of conventional systems must place their authorized stations in operation not later than one year after the date of grant of the system license. ( d ) If a station is not placed in operation within one year, except as provided in Section 90.629 of this part , the license cancels automatically. For purposes of this section, a base station is not considered to be in operation unless at least one associated mobile station is also in operation. ( e ) A non-SMR licensee may apply for additional frequency pairs if its authorized conventional channel(s) is loaded to seventy (70) mobiles. Applications may be considered for additional channels in areas where spectrum is still available and not applied for, even if the already authorized channel(s) is not loaded to 70 mobile units, upon an appropriate demonstration of need. ( f ) Wide area systems may be authorized to persons eligible for licensing under subparts B or C of this part upon an appropriate showing of need. For loading purposes, if the total number of mobile stations justifies the total number of authorized based frequencies in a given area, the system will be construed to be loaded. ( g ) Regional, statewide, or ribbon configuration systems may be authorized to persons eligible for licensing under subparts B or C of this part upon an appropriate showing of need. In a ribbon, regional or statewide system, a mobile station will be counted for channel loading purposes only for the base station facility in the geographic area in which it primarily operates. If this cannot be determined, it will be counted fractionally over the number of base station facilities with which it communicates regularly. [ 47 FR 41032 , Sept. 16, 1982, as amended at 48 FR 51929 , Nov. 15, 1983; 56 FR 65860 , Dec. 19, 1991; 59 FR 59966 , Nov. 21, 1994; 62 FR 18935 , Apr. 17, 1997; 64 FR 10397 , Mar. 4, 1999] Technical Regulations Regarding the Use of Frequencies in the 806-824 MHz, 851-869 MHz, 896-901 MHz, and 935-940 MHz Bands § 90.635 Limitations on power and antenna height. ( a ) The effective radiated power and antenna height for base stations may not exceed 1 kilowatt (30 dBw) and 304 m. (1,000 ft.) above average terrain (AAT), respectively, or the equivalent thereof as determined from the Table. These are maximum values, and applicants will be required to justify power levels and antenna heights requested. ( b ) The maximum output power of the transmitter for mobile stations is 100 watts (20 dBw). Table—Equivalent Power and Antenna Heights for Base Stations in the 851-869 MHz and 935-940 MHz Bands Which Have a Requirement for a 32 km (20 mi) Service Area Radius Antenna height (ATT) meters (feet) Effective radiated power (watts) 1 2 4 Above 1,372 (4,500) 65 Above 1,220 (4,000) to 1,372 (4,500) 70 Above 1,067 (3,500) to 1,220 (4,000) 75 Above 915 (3,000) to 1,067 (3,500) 100 Above 763 (2,500) to 915 (3,000) 140 Above 610 (2,000) to 763 (2,500) 200 Above 458 (1,500) to 610 (2,000) 350 Above 305 (1,000) to 458 (1,500) 600 Up to 305 (1,000) 3 1,000 1 Power is given in terms of effective radiated power (ERP). 2 Applicants in the Los Angeles, CA, area who demonstrate a need to serve both the downtown and fringe areas will be permitted to utilize an ERP of 1 kw at the following mountaintop sites: Santiago Park, Sierra Peak, Mount Lukens, and Mount Wilson. 3 Stations with antennas below 305 m (1,000 ft) (AAT) will be restricted to a maximum power of 1 kw (ERP). 4 Licensees in San Diego, CA, will be permitted to utilize an ERP of 500 watts at the following mountaintop sites: Palomar, Otay, Woodson and Miguel. [ 70 FR 61062 , Oct. 20, 2005] § 90.637 Restrictions on operational fixed stations. ( a ) Except for control stations, operational fixed operations will not be authorized in the 806-824 MHz, 851-869 MHz, 896-901 MHz, or 935-940 MHz bands. This does not preclude secondary fixed tone signaling and alarm operations authorized in § 90.235 or in paragraph (c) of this section. ( b ) Control stations associated with one or more mobile relay stations will be authorized only on the assigned frequency of the associated mobile station. Use of a mobile service frequency by a control station of a mobile relay system is subject to the condition that harmful interference shall not be caused to stations of licensees authorized to use the frequency for mobile service communications. ( c ) Trunked and conventional systems that have exclusive-use status in their respective geographic areas may conduct fixed ancillary signaling and data transmissions subject to the following requirements: ( 1 ) All operations must be on a secondary, non-interference basis to the primary mobile operation of any other licensee. ( 2 ) The output power at the remote site must not exceed 30 watts. ( 3 ) Any fixed transmitters will not count toward meeting the mobile loading requirements nor be considered in whole or in part as a justification for authorizing additional frequencies in the licensee's mobile system. ( 4 ) Automatic means must be provided to deactivate the remote transmitter in the event the carrier remains on for a period in excess of three minutes. ( 5 ) Operational fixed stations authorized pursuant to the provisions of paragraphs (c) and (d) of this section are exempt from the requirements of §§ 90.425 and 90.429 . ( d ) Conventional systems that do not have exclusive-use status in their respective geographic areas may conduct fixed ancillary signaling and data transmissions only in accordance with all the provisions of § 90.235 . [ 47 FR 41032 , Sept. 16, 1982, as amended at 48 FR 51929 , Nov. 15, 1983; 49 FR 36377 , Sept. 17, 1984; 51 FR 37405 , Oct. 22, 1986; 52 FR 1332 , Jan. 13, 1987; 53 FR 12157 , Apr. 13, 1988; 57 FR 34693 , Aug. 6, 1992] § 90.645 Permissible operations. Conventional and trunked radio systems may be used: ( a ) Only for purposes expressly allowed under this part. ( b ) Only persons who are eligible for facilities, either under this subpart or in the radio service included under subparts B or C of this part . ( c ) Except for licensees classified as CMRS providers under part 20 of this chapter , only for the transmission of messages or signals permitted in the services is which the participants are eligible. ( d ) For digital or analog transmissions. ( e ) An SMRS licensee or a licensee who has been authorized a channel(s) on an exclusive basis, may use the system for the transmission of any base/mobile message, page or signal permitted in the service in which the participants are eligible. ( f ) Where the channel(s) is assigned to an SMRS licensee or exclusively to a single licensee, or where all users of a system agree, more than a single emission may be utilized within the authorized bandwidth. In such cases, the frequency stability requirements of § 90.213 shall not apply, but out-of-band emission limits of § 90.209 shall be met. ( g ) Up to five (5) contiguous 809-816/854-861 band channels as listed in §§ 90.615 , 90.617 , and 90.619 may be authorized after justification for systems requiring more than the normal single channel bandwidth. If necessary, licensees may trade channels amongst themselves in order to obtain contiguous frequencies. Notification of such proposed exchanges shall be made to the appropriate frequency coordinator(s) and to the Commission by filing an application for license modification. ( h ) Up to 10 contiguous 896-901/935-940 MHz band channels as listed in § 90.617 may be combined for systems requiring more than the normal single channel bandwidth. If necessary, licensees may trade channels amongst themselves in order to obtain contiguous frequencies. Notification of such proposed exchanges shall be made to the appropriate frequency coordinator(s) and to the Commission by filing an application for license modification. ( i ) Paging operations may be utilized on multiple licensed facilities (community repeaters) only when all licensees of the facility agree to such use. [ 47 FR 41032 , Sept. 16, 1982, as amended at 48 FR 51929 , Nov. 15, 1983; 51 FR 37405 , Oct. 22, 1986; 59 FR 59966 , Nov. 21, 1994; 62 FR 18935 , Apr. 17, 1997; 63 FR 68970 , Dec. 14, 1998; 69 FR 67849 , Nov. 22, 2004] § 90.647 Station identification. ( a ) Conventional systems of communication shall be identified in accordance with existing regulations governing such matters. ( b ) Trunked systems of communication, except as noted in paragraph (c) of this section, shall be identified through the use of an automatic device which transmits the call sign of the base station facility at 30 minute intervals. Such station identification shall be made on the lowest frequency in the base station trunk group assigned the licensee. Should this frequency be in use at the time station identification is required, such identification may be made at the termination of the communication in progress on this frequency. Identification may be made by voice or International Morse Code. When the call sign is transmitted in International Morse Code, it must be at a rate of between 15 to 20 words per minute and by means of tone modulation of the transmitter, the tone frequency being between 800 and 1000 hertz. ( c ) Stations operating in either the 806-824/851-869 MHz or 896-901/935-940 MHz bands that are licensed on an exclusive basis, and normally employ digital signals for the transmission of data, text, control codes, or digitized voice may also be identified by digital transmission of the call sign. A licensee that identifies its station in this manner must provide the Commission, upon its request, information sufficient to decode the digital transmission and ascertain the call sign transmitted. ( d ) Notwithstanding the requirements set forth in this paragraph, systems operated by geographic area CMRS licensees are subject only to the station identification requirements of § 90.425(e) . [ 47 FR 41032 , Sept. 16, 1982, as amended at 58 FR 12177 , Mar. 3, 1993; 65 FR 24420 , Apr. 26, 2000] § 90.651 Supplemental reports required of licensees authorized under this subpart. Licensees of conventional systems must notify the Commission in accordance with § 1.946 of this chapter of the number of mobile units placed in operation within their construction period. [ 63 FR 68970 , Dec. 14, 1998] Editorial Note Editorial Note: At 63 FR 10397 , Mar. 4, 1999, § 90.651 was amended by revising paragraph (c), effective Apr. 5, 1999. However, § 90.651 , as revised at 63 FR 68970 , Dec. 14, 1998, effective Feb. 12, 1999, did not contain paragraph (c), and the amendment could not be incorporated. § 90.655 Special licensing requirements for Specialized Mobile Radio systems. End users of conventional or trunked Specialized Mobile Radio systems that have control stations that require FAA clearance, as specified in §§ 17.7 through 17.17 of this chapter , or that may have a significant environmental effect, as defined by § 1.1307 , or that are located in a “quiet zone”, as defined by § 1.924 of this chapter must be individually licensed for such control stations prior to construction or operation. All other end users' operations will be within the scope of the base station licensee. All end users, however, continue to be responsible to comply with 47 CFR part 90 and other federal laws. [ 57 FR 40850 , Sept. 8, 1992, as amended at 63 FR 68970 , Dec. 14, 1998] § 90.656 Responsibilities of base station licensees of Specialized Mobile Radio systems. ( a ) The licensees of base stations that provide Specialized Mobile Radio service on a commercial basis of the use of individuals, Federal government agencies, or persons eligible for licensing under either subparts B or C of this part will be responsible for exercising effective operational control over all mobile and control stations that communicate with the base station. The base station licensee will be responsible for assuring that its system is operated in compliance with all applicable rules and regulations. ( b ) Customers that operate mobile units on a particular Specialized Mobile Radio system will be licensed to that system. A customer that operates temporarily on more than one system will be deemed, when communicating with the other system, to be temporarily licensed to the other system and for that temporary period, the licensee of the other system will assume the same licensee responsibility for the customer's mobile station(s) as if the customer's stations were licensed to that other system. [ 57 FR 40851 , Sept. 8, 1992, as amended at 62 FR 18935 , Apr. 17, 1997] Policies Governing the Licensing and Use of MTA-Based SMR Systems in the 896-901/935-940 MHz Band § 90.661 MTA-based SMR service areas. MTA licenses for SMR spectrum blocks in the 896-901/935-940 MHz band listed in table 4B of § 90.617(d) are available in 51 Major Trading Areas (MTAs) as defined in § 90.7 . Within these MTAs, licenses will be authorized in ten channel blocks as specified in table 4B of § 90.617(d) through the competitive bidding procedures described in subpart U of this part . [ 60 FR 21991 , May 4, 1995] § 90.663 MTA-based SMR system operations. ( a ) MTA-based licensees authorized in the 896-901/935-940 MHz band pursuant to § 90.661 may construct and operate base stations using any frequency identified in their spectrum block anywhere within their authorized MTA, provided that: ( 1 ) The MTA licensee affords protection, in accordance with § 90.621(b) , to all sites for which applications were filed on or prior to August 9, 1994. ( 2 ) The MTA licensee complies with any rules and international agreements that restrict use of frequencies identified in their spectrum block, including the provisions of § 90.619 relating to U.S./Canadian and U.S./Mexican border areas. ( 3 ) The MTA licensee limits its field strength at any location on the border of the MTA service area in accordance with § 90.671 and masks its emissions in accordance with § 90.669 . ( b ) In the event that the authorization for a previously authorized co-channel station within the MTA licensee's authorized spectrum block is terminated or revoked, the MTA licensee's co-channel obligations to such station will cease upon deletion of the facility from the Commission's licensing record. The MTA licensee then will be able to construct and operate base stations using such frequency. [ 60 FR 21991 , May 4, 1995] § 90.665 Authorization, construction and implementation of MTA licenses. ( a ) MTA licenses in the 896-901/935-940 MHz band will be issued for a term not to exceed ten years. ( b ) MTA licensees in the 896-901/935-940 MHz band will be permitted five years to construct their stations. This five-year period will commence with the issuance of the MTA-wide authorization and will apply to all of the licensee's stations within the MTA spectrum block, including any stations that may have been subject to an earlier construction deadline arising from a pre-existing authorization. ( c ) Each MTA licensee in the 896-901/935-940 MHz band must, three years from the date of license grant, construct and place into operation a sufficient number of base stations to provide coverage to at least one-third of the population of the MTA; further, each MTA licensee must provide coverage to at least two-thirds of the population of the MTA five years from the date of license grant. Alternatively, an MTA licensee must demonstrate, through a showing to the Commission five years from the date of license grant, that it is providing substantial service. An MTA licensee must, three years from license grant, either show that the 1 ⁄ 3 population coverage standard has been satisfied, or provide written notification that it has elected to show substantial service to the MTA five years from license grant. In addition, as part of the election to provide a substantial service showing, each MTA licensee must, three years from license grant, indicate how it expects to demonstrate substantial service at five years. The MTA licensee must meet the population coverage benchmarks regardless of the extent to which incumbent licensees are present within the MTA block. ( d ) MTA licensees who fail to meet the coverage requirements imposed at either the third or fifth years of their license term, or to make a convincing showing of substantial service, will forfeit the portion of the MTA license that exceeds licensed facilities constructed and operating on the date of the MTA license grant. [ 60 FR 21991 , May 4, 1995, as amended at 60 FR 48918 , Sept. 21, 1995; 60 FR 61487 , Nov. 30, 1995; 64 FR 39942 , July 23, 1999] § 90.667 Grandfathering provisions for incumbent licensees. ( a ) These provisions apply to all 900 MHz SMR licensees who obtained licenses or filed applications for secondary sites on or before August 9, 1994 (“incumbent licensees”), as well as to all 900 MHz SMR licensees who obtained authorizations pursuant to § 90.173(k) . An incumbent licensee's service area shall be defined by its originally-licensed 40 dBu field strength contour. Incumbent licensees are permitted to add new or modify transmit sites in this existing service area without prior notification to the Commission so long as their original 40 dBu field strength contour is not expanded. ( b ) Incumbent licensees operating at multiple sites may, after grant of MTA licenses has been completed, exchange multiple site licenses for a single license, authorizing operations throughout the contiguous and overlapping 40 dBu field strength contours of the multiple sites. Incumbents exercising this license exchange option must submit specific information for each of their external base sites after the close of the 900 MHz SMR auction. ( c ) Applications in the 900 MHz SMR service for secondary sites filed after August 9, 1994 shall be authorized on a secondary, non-interference basis to MTA licensee operations. No secondary sites shall be granted on this basis in an MTA once the MTA licensee has been selected. [ 60 FR 48918 , Sept. 21, 1995] § 90.669 Emission limits. ( a ) On any frequency in an MTA licensee's spectrum block that is adjacent to a non-MTA frequency, the power of any emission shall be attenuated below the transmitter power (P) by at least 43 plus 10 log 10 (P) decibels or 80 decibels, whichever is the lesser attenuation. Note: The measurements of emission power can be expressed in peak or average values, provided they are expressed in the same parameters as the transmitter power. ( b ) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. [ 60 FR 21992 , May 4, 1995] § 90.671 Field strength limits. The predicted or measured field strength at any location on the border of the MTA service area for MTA licensees shall not exceed 40 dBuV/m unless all bordering MTA licensees agree to a higher field strength. MTA licensees are also required to coordinate their frequency usage with so-channel adjacent MTA licensees and all other affected parties. To the extent that a single entity obtains licenses for adjacent MTAs on the same channel block, it will not be required to coordinate its operations in this manner. In the event that this standard conflicts with the MTA licensee's obligation to provide co-channel protection to incumbent licensees under § 90.621(b) , the requirements of § 90.621(b) shall prevail. [ 60 FR 21992 , May 4, 1995] Procedures and Process—Unacceptable Interference § 90.672 Unacceptable interference to non-cellular 800 MHz licensees from 800 MHz cellular systems or part 22 Cellular Radiotelephone systems, and within the 900 MHz narrowband segments, and to narrowband 900 MHz licensees from 900 MHz broadband licensees. ( a ) Definition. Except as provided in 47 CFR 90.617(k) , unacceptable interference to non-cellular licensees in the 800 MHz band from 800 MHz cellular systems or part 22 of this chapter , Cellular Radiotelephone systems; unacceptable interference within the 900 MHz narrowband segment; and unacceptable interference to narrowband 900 MHz licensees from 900 MHz broadband licensees, will be deemed to occur when the below conditions are met: ( 1 ) A transceiver at a site at which interference is encountered: ( i ) Is in good repair and operating condition, and is receiving: ( A ) From the 800 MHz band, a median desired signal strength of −104 dBm or higher if operating in the 800 MHz band, or a median desired signal strength of −88 dBm if operating in the 900 MHz narrowband segment, as measured at the R.F. input of the receiver of a mobile unit; or ( B ) From the 800 MHz band, a median desired signal strength of −101 dBm or higher if operating in the 800 MHz band, or a median desired signal strength of −85 dBm if operating in the 900 MHz narrowband segment; or, as measured at the R.F. input of the receiver of a portable i.e., hand-held unit; ( C ) From the 900 MHz broadband segment, a median desired signal strength of −104 dBm or higher if operating in the 900 MHz narrowband segment, as measured at the R.F. input of the receiver of a mobile unit; or ( D ) From the 900 MHz broadband segment, median desired signal strength of −101 dBm or higher if operating in the 900 MHz narrowband segment, as measured at the R.F. input of the receiver of a portable, i.e., hand-held unit; and either ( ii ) Is a voice transceiver: ( A ) With manufacturer published performance specifications for the receiver section of the transceiver equal to, or exceeding, the minimum standards set out in paragraph (b) of this section, and; ( B ) Receiving an undesired signal or signals which cause the measured Carrier to Noise plus Interference (C/(I + N)) ratio of the receiver section of said transceiver to be less than 20 dB if operating in the 800 MHz band, or less than 17 dB if operating in the 900 MHz narrowband segment, or; ( iii ) Is a non-voice transceiver receiving an undesired signal or signals which cause the measured bit error rate (BER) (or some comparable specification) of the receiver section of said transceiver to be more than the value reasonably designated by the manufacturer. ( 2 ) Provided, however, that if the receiver section of the mobile or portable voice transceiver does not conform to the standards set out in paragraph (b) of this section, then that transceiver shall be deemed subject to unacceptable interference only at sites where the median desired signal satisfies the applicable threshold measured signal power in paragraph (a)(1)(i) of this section after an upward adjustment to account for the difference in receiver section performance. The upward adjustment shall be equal to the increase in the desired signal required to restore the receiver section of the subject transceiver to the 20 dB C/(I + N) ratio of paragraph (a)(1)(ii)(B) of this section. The adjusted threshold levels shall then define the minimum measured signal power(s) in lieu of paragraph (a)(1)(i) of this section at which the licensee using such non-compliant transceiver is entitled to interference protection. ( b ) Minimum receiver requirements. Voice transceivers capable of operating in the 806-824 MHz portion of the 800 MHz band, or in the 900 MHz narrowband segment, shall have the following minimum performance specifications in order for the system in which such transceivers are used to claim entitlement to full protection against unacceptable interference. (See paragraph (a)(2) of this section.) ( 1 ) Voice units intended for mobile use: 75 dB intermodulation rejection ratio; 75 dB adjacent channel rejection ratio; −116 dBm reference sensitivity. ( 2 ) Voice units intended for portable use: 70 dB intermodulation rejection ratio; 70 dB adjacent channel rejection ratio; −116 dBm reference sensitivity. ( 3 ) Voice units intended for mobile or portable use in the 900 MHz narrowband segment: 60 dB intermodulation rejection ratio; 60 dB adjacent channel rejection ratio; −116 dBm reference sensitivity. [ 85 FR 43141 , July 15, 2020] § 90.673 Obligation to abate unacceptable interference. ( a ) Strict Responsibility. Any licensee who, knowingly or unknowingly, directly or indirectly, causes or contributes to causing unacceptable interference to a non-cellular licensee in the 800 MHz band, as defined in this chapter, shall be strictly accountable to abate the interference, with full cooperation and utmost diligence, in the shortest time practicable. Interfering licensees shall consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in this chapter. This strict responsibility obligation applies to all forms of interference, including out-of-band emissions and intermodulation. ( b ) Joint and Several Responsibility. If two or more licensees knowingly or unknowingly, directly or indirectly, cause or contribute to causing unacceptable interference to a non-cellular licensee in the 800 MHz band, as defined in this chapter, such licensees shall be jointly and severally responsible for abating interference, with full cooperation and utmost diligence, in the shortest practicable time. This joint and several responsibility rule requires interfering licensees to consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in this chapter. This joint and several responsibility rule applies to all forms of interference, including out-of-band emissions and intermodulation. ( 1 ) This joint and several responsibility rule requires interfering licensees to consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in § 90.674(c) . This joint and several responsibility rule applies to all forms of interference, including out-of-band emissions and intermodulation. ( 2 ) Any licensee that can show that its signal does not directly or indirectly, cause or contribute to causing unacceptable interference to a non-cellular licensee in the 800 MHz band, as defined in this chapter, shall not be held responsible for resolving unacceptable interference. Notwithstanding, any licensee that receives an interference complaint from a public safety/CII licensee shall respond to such complaint consistent with the interference resolution procedures set forth in this chapter. [ 69 FR 67849 , Nov. 22, 2004] § 90.674 Interference resolution procedures. ( a ) Initial Notification. Any non-cellular licensee operating in the 806-824/851-869 MHz band who reasonably believes it is receiving unacceptable interference, as described in § 90.672 , shall provide an initial notification of the interference incident. This initial notification of an interference incident shall be sent to all part 22 of this chapter Cellular Radiotelephone licensees and ESMR licensees who operate cellular base stations (“cell sites”) within 1,524 meters (5,000 feet) of the interference incident. ( 1 ) The initial notification of interference shall include the following information on interference: ( i ) The specific geographical location where the interference occurs, and the time or times at which the interference occurred or is occurring; ( ii ) A description of its scope and severity, including its source, if known; ( iii ) The relevant Commission licensing information of the party suffering the interference; and ( iv ) A single point of contact for the party suffering the interference. ( 2 ) ESMR licensees, in conjunction with part 22 Cellular Radiotelephone licensees, shall establish an electronic means of receiving the initial notification described in paragraph (a)(1) of this section. The electronic system must be designed so that all appropriate 800 MHz ESMR and part 22 Cellular Radiotelephone licensees can be contacted about the interference incident with a single notification. The electronic system for receipt of initial notification of interference complaints must be operating no later than February 22, 2005. ( 3 ) ESMR licensees must respond to the initial notification described in paragraph (a)(1) of this section, as soon as possible and no later than 24 hours of receipt of notification from a public safety/CII licensee. This response time may be extended to 48 hours after receipt from other non-cellular licensees provided affected communications on these systems are not safety related. ( b ) Interference analysis. ESMR licensees—who receive an initial notification described in paragraph (a) of this section—shall perform a timely analysis of the interference to identify the possible source. Immediate on-site visits may be conducted when necessary to complete timely analysis. Interference analysis must be completed and corrective action initiated within 48 hours of the initial complaint from a public safety/CII licensee. This response time may be extended to 96 hours after the initial complaint from other non-cellular licensees provided affected communications on these systems are not safety related. Corrective action may be delayed if the affected licensee agrees in writing (which may be, but is not required to be, recorded via e-mail or other electronic means) to a longer period. ( c ) Mitigation Steps. ( 1 ) All 800 MHz cellular system licensees and part 22 of this chapter Cellular Radiotelephone licensees who are responsible for causing unacceptable interference shall take all affirmative measures to resolve such interference. 800 MHz cellular system licensees found to contribute to harmful interference, as defined in § 90.672 , shall resolve such interference in the shortest time practicable. 800 MHz cellular system licensees and part 22 of this chapter Cellular Radiotelephone licensees must provide all necessary test apparatus and technical personnel skilled in the operation of such equipment as may be necessary to determine the most appropriate means of timely eliminating the interference. However, the means whereby interference is abated or the cell parameters that may need to be adjusted is left to the discretion of involved 800 MHz cellular system licensees and/or part 22 of this chapter Cellular Radiotelephone licensees, whose affirmative measures may include, but not be limited to, the following techniques: ( i ) Increasing the desired power of the public safety signal; ( ii ) Decreasing the power of the ESMR and/or part 22 Cellular Radiotelephone signal; ( iii ) Modifying the ESMR and/or part 22 Cellular Radiotelephone systems antenna height; ( iv ) Modifying the ESMR and/or part 22 Cellular Radiotelephone system antenna characteristics; ( v ) Incorporating filters into ESMR and/or part 22 Cellular Radiotelephone system transmission equipment; ( vi ) Permanently changing ESMR and/or part 22 Cellular Radiotelephone system frequencies; and ( vii ) Supplying interference-resistant receivers to the affected public safety licensee(s). If this technique is used, in all circumstances, the ESMR and/or part 22 Cellular Radiotelephone licensees shall be responsible for all costs thereof. ( 2 ) Whenever short-term interference abatement measures prove inadequate, the affected licensee shall, consistent with but not compromising safety, make all necessary concessions to accepting interference until a longer-term remedy can be implemented. ( 3 ) Discontinuing operations when clear and imminent danger exists. When a public safety licensee determines that a continuing presence of interference constitutes a clear and imminent danger to life or property, the licensee causing the interference must discontinue the associated operation immediately, until a remedy can be identified and applied. The determination that a continuing presence exists that constitutes a clear and imminent danger to life or property, must be made by written statement that: ( i ) Is in the form of a declaration, notarized affidavit, or statement under penalty or perjury, from an officer or executive of the affected public safety licensee; ( ii ) Thoroughly describes the basis of the claim of clear and imminent danger; ( iii ) Was formulated on the basis of either personal knowledge or belief after due diligence; ( iv ) Is not proffered by a contractor or other third party; and ( v ) Has been approved by the Chief of the Public Safety and Homeland Security Bureau or other designated Commission official. Prior to the authorized official making a determination that a clear and imminent danger exists, the associated written statement must be served by hand-delivery or receipted fax on the applicable offending licensee, with a copy transmitted by the fastest available means to the Washington, DC office of the Commission's Public Safety and Homeland Security Bureau. [ 69 FR 67849 , Nov. 22, 2004, as amended at 70 FR 76711 , Dec. 28, 2005; 71 FR 69038 , Nov. 29, 2006] § 90.675 Information exchange. ( a ) Prior coordination. Public safety/CII licensees may notify an ESMR or part 22 Cellular Radiotelephone licensee that they wish to receive prior notification of the activation or modification of ESMR or part 22 Cellular Radiotelephone cell sites in their area. Thereafter, the ESMR or part 22 Cellular Radiotelephone licensee must provide the following information to the public safety/CII licensee at least 10 business days before a new cell site is activated or an existing cell site is modified: ( 1 ) Location; ( 2 ) Effective radiated power; ( 3 ) Antenna height; ( 4 ) Channels available for use. ( b ) Purpose of prior coordination. The coordination of cell sites is for informational purposes only: public safety/CII licensees are not afforded the right to accept or reject the activation of a proposed cell or to unilaterally require changes in its operating parameters. The principal purposes of notification are to: ( 1 ) Allow a public safety/CII licensee to advise the ESMR or part 22 Cellular Radiotelephone licensee whether it believes a proposed cell will generate unacceptable interference; ( 2 ) Permit ESMR or part 22 Cellular Radiotelephone licensees to make voluntary changes in cell parameters when a public safety licensee alerts them to possible interference; and ( 3 ) Rapidly identify the source if interference is encountered when the cell is activated. ( c ) Public safety information exchange. ( 1 ) Upon request by an ESMR or part 22 Cellular Radiotelephone licensee, public safety/CII licensees who operate radio systems in the 806-824/851-869 MHz shall provide the operating parameters of their radio system to the ESMR or part 22 Cellular Radiotelephone licensee. ( 2 ) Public safety licensees who perform the information exchange as described in this section must notify the appropriate ESMR and part 22 Cellular Radiotelephone licensees prior to any technical changes to their radio system. §§ 90.676-90.677 [Reserved] Policies Governing the Licensing and Use of EA-Based SMR Systems in the 809-824/851-869 MHz Band § 90.681 EA-based SMR service areas. EA licenses in for channels 711 through 830 and Spectrum Blocks A through V listed in Tables 4 and 5 of § 90.617 are available in 175 Economic Areas (EAs) as defined in § 90.7 . [ 69 FR 67852 , Nov. 22, 2004] § 90.683 EA-based SMR system operations. ( a ) EA-based licensees authorized in the 809-824/854-869 MHz band pursuant to § 90.681 of this part may construct and operate base stations using any of the base station frequencies identified in their spectrum block anywhere within their authorized EA, provided that: ( 1 ) The EA licensee affords protection, in accordance with § 90.621(b) , to all previously authorized co-channel stations that are not associated with another EA license; ( 2 ) The EA licensee complies with any rules and international agreements that restrict use of frequencies identified in their spectrum block, including the provisions of § 90.619 relating to U.S./Canadian and U.S./Mexican border areas; ( 3 ) The EA licensee limits the field strength of its base stations at any location on the border of the EA service area in accordance with § 90.689 ; ( 4 ) Upon request by an incumbent licensee or the Commission, the EA licensees shall furnish the technical parameters, location and coordinates of the completion of the addition, removal, relocation or modification of any of its facilities within the EA. The EA licensee must provide such information within ten (10) days of receiving a written request. ( 5 ) For any construction or alteration that would exceed the requirements of § 17.7 of this chapter , licensees must notify the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1) and file a request for antenna height clearance and obstruction marking and lighting specifications (FCC Forn 854) with the FCC, WTB, Support Services Branch, Gettysburg, PA 17325. ( 6 ) Any additional transmitters placed in operation must not have a significant environmental effect as defined by §§ 1.1301 through 1.1319 of this chapter . ( b ) In the event that the authorization for a previously authorized co-channel station within the EA licensee's spectrum block is terminated or revoked, the EA licensee's co-channel obligations to such station will cease upon deletion of the facility from the Commission's official licensing records, and the EA licensee then will be able to construct and operate without regard to that previous authorization. [ 61 FR 6158 , 6159 , Feb. 16, 1996, as amended at 62 FR 41216 , July 31, 1997; 63 FR 68970 , Dec. 14, 1998; 69 FR 67852 , Nov. 22, 2004] § 90.685 Authorization, construction and implementation of EA licenses. ( a ) EA licenses in the 809-824/854-869 MHz band will be issued for a term not to exceed ten years. ( b ) EA licensees in the 809-824/854-869 MHz band must, within three years of the grant of their initial license, construct and place into operation a sufficient number of base stations to provide coverage to at least one-third of the population of its EA-based service area. Further, each EA licensee must provide coverage to at least two-thirds of the population of the EA-based service area within five years of the grant of their initial license. EA-based licensees may, in the alternative, provide substantial service to their markets within five years of the grant of their initial license. Substantial service shall be defined as: “Service which is sound, favorable, and substantially above a level of mediocre service.” ( c ) Channel use requirement. In addition to the population coverage requirements described in this section, we will require EA licensees in Channel blocks A, B and C in the 816-821/861-866 MHz band to construct 50 percent of the total channels included in their spectrum block in at least one location in their respective EA-based service area within three years of initial license grant and to retain such channel usage for the remainder of the construction period. ( d ) An EA licensee's failure to meet the population coverage requirements of paragraphs (b) and (c) of this section, will result in forfeiture of the entire EA license. Forfeiture of the EA license, however, would not result in the loss of any constructed facilities authorized to the licensee prior to the date of the commencement of the auction for the EA licenses. ( e ) EA licensees operating on channels listed in § 90.614(b) and (c) must implement an Enhanced Specialized Mobile Radio (ESMR) system—as defined in § 90.7 —on their EA license and any associated site-based licenses prior to the expiration date of the EA license. EA licensees operating on these channels shall follow the construction notification procedures set forth in § 1.946(d) of this chapter . Failure to implement an ESMR system on their EA and site-based licenses before the expiration date of the EA license will result in termination of the EA license and any associated site-based licenses pursuant to § 1.946(c) of this chapter . [ 62 FR 41216 , July 31, 1997, as amended at 69 FR 67852 , Nov. 22, 2004; 70 FR 6760 , Feb. 8, 2005; 70 FR 76712 , Dec. 28, 2005; 82 FR 41548 , Sept. 1, 2017] § 90.687 Special provisions regarding assignments and transfers of authorizations for incumbent SMR licensees in the 809-824/854-869 MHz band. An SMR license initially authorized on any of the channels listed in Tables 4 and 5 of § 90.617 may transfer or assign its channel(s) to another entity subject to the provisions of § 1.948 of this chapter and § 90.609(b) . If the proposed transferee or assignee is the EA licensee for the spectrum block to which the channel is allocated, such transfer or assignment presumptively will be deemed to be in the public interest. However, such presumption will be rebuttable. [ 69 FR 67852 , Nov. 22, 2004] § 90.689 Field strength limits. ( a ) For purposes of implementing §§ 90.689 through 90.699 , predicted 36 and 40 dBµV/m contours shall be calculated using Figure 10 of § 73.699 of this chapter with a correction factor of −9 dB, and predicted 18 and 22 dBµV/m contours shall be calculated using Figure 10a of § 73.699 of this chapter with a correction factor of −9 dB. ( b ) The predicted or measured field strength at any location on the border of the EA-based service area for EA licensees must not exceed 40 dBuV/m unless all bordering EA licensees agree to a higher field strength. In the event that this standard conflicts with the EA licensee's obligation to provide co-channel protection to incumbent licensees pursuant to § 90.621(b) , the requirements of § 90.621(b) shall prevail. [ 61 FR 6158 , 6159 , Feb. 16, 1996, as amended at 62 FR 41216 , July 31, 1997] § 90.691 Emission mask requirements for EA-based systems. ( a ) Out-of-band emission requirement shall apply only to the “outer” channels included in an EA license and to spectrum adjacent to interior channels used by incumbent licensees. The emission limits are as follows: ( 1 ) For any frequency removed from the EA licensee's frequency block by up to and including 37.5 kHz, the power of any emission shall be attenuated below the transmitter power (P) in watts by at least 116 Log 10 (f/6.1) decibels or 50 + 10 Log 10 (P) decibels or 80 decibels, whichever is the lesser attenuation, where f is the frequency removed from the center of the outer channel in the block in kilohertz and where f is greater than 12.5 kHz. ( 2 ) For any frequency removed from the EA licensee's frequency block greater than 37.5 kHz, the power of any emission shall be attenuated below the transmitter power (P) in watts by at least 43 + 10Log 10 (P) decibels or 80 decibels, whichever is the lesser attenuation, where f is the frequency removed from the center of the outer channel in the block in kilohertz and where f is greater than 37.5 kHz. ( b ) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. § 90.693 Grandfathering provisions for incumbent licensees. ( a ) General provisions. These provisions apply to “incumbent licensees,” all 800 MHz licensees authorized in the 809-821/854-866 MHz band who obtained licenses or filed applications on or before December 15, 1995. ( b ) Spectrum blocks A through V. An incumbent licensee's service area shall be defined by its originally licensed 40 dBμV/m field strength contour and its interference contour shall be defined as its originally-licensed 22 dBμV/m field strength contour. The “originally-licensed” contour shall be calculated using the maximum ERP and the actual height of the antenna above average terrain (HAAT) along each radial. Incumbent licensees are permitted to add, remove or modify transmitter sites within their original 22 dBμV/m field strength contour without prior notification to the Commission so long as their original 22 dBμV/m field strength contour is not expanded. Incumbent licensee protection extends only to its 40 dBμV/m signal strength contour. Pursuant to the minor modification notification procedures set forth in 1.947(b), the incumbent licensee must notify the Commission within 30 days of any change in technical parameters for stations that are authorized under a waiver of 90.621(b)(4), or that are authorized under 90.621(b)(5). ( c ) Special provisions for spectrum blocks F1 through V. Incumbent licensees that have received the consent of all affected parties or a certified frequency coordinator to utilize an 18 dBμV/m signal strength interference contour shall have their service area defined by their originally-licensed 36 dBμV/m field strength contour and their interference contour shall be defined as their originally-licensed 18 dBμV/m field strength contour. The “originally-licensed” contour shall be calculated using the maximum ERP and the actual HAAT along each radial. Incumbent licensees seeking to utilize an 18 dBμV/m signal strength interference contour shall first seek to obtain the consent of affected co-channel incumbents. When the consent of a co-channel licensee is withheld, an incumbent licensee may submit to any certified frequency coordinator an engineering study showing that interference will not occur, together with proof that the incumbent licensee has sought consent. Incumbent licensees are permitted to add, remove or modify transmitter sites within their original 18 dBμV/m field strength contour without prior notification to the Commission so long as their original 18 dBμV/m field strength contour is not expanded. Incumbent licensee protection extends only to its 36 dBμV/m signal strength contour. Pursuant to the minor modification notification procedures set forth in 1.947(b), the incumbent licensee must notify the Commission within 30 days of any change in technical parameters for stations that are authorized under a waiver of 90.621(b)(4), or that are authorized under 90.621(b)(5). ( d ) Consolidated license — ( 1 ) Spectrum blocks A through V. Incumbent licensees operating at multiple sites may, after grant of EA licenses has been completed, exchange multiple site licenses for a single license, authorizing operations throughout the contiguous and overlapping 40 dBµV/m field strength contours of the multiple sites. Incumbents exercising this license exchange option must submit specific information on Form 601 for each of their external base sites after the close of the 800 MHz SMR auction. The incumbent's geographic license area is defined by the contiguous and overlapping 22 dBµV/m contours of its constructed and operational external base stations and interior sites that are constructed within the construction period applicable to the incumbent. Once the geographic license is issued, facilities that are added within an incumbent's existing footprint and that are not subject to prior approval by the Commission will not be subject to construction requirements. ( 2 ) Special Provisions for Spectrum Blocks F1 through V. Incumbent licensees that have received the consent of all affected parties or a certified frequency coordinator to utilize an 18 dBµV/m signal strength interference contour operating at multiple sites may, after grant of EA licenses has been completed, exchange multiple site licenses for a single license. This single site license will authorize operations throughout the contiguous and overlapping 36 dBµV/m field strength contours of the multiple sites. Incumbents exercising this license exchange option must submit specific information on Form 601 for each of their external base sites after the close of the 800 SMR auction. The incumbent's geographic license area is defined by the contiguous and overlapping 18 dBµV/m contours of its constructed and operational external base stations and interior sites that are constructed within the construction period applicable to the incumbent. Once the geographic license is issued, facilities that are added within an incumbent's existing footprint and that are not subject to prior approval by the Commission will not be subject to construction requirements. [ 64 FR 71055 , Dec. 20, 1999, as amended at 69 FR 67852 , Nov. 22, 2004; 70 FR 6761 , Feb. 8, 2005; 70 FR 61062 , Oct. 20, 2005] § 90.699 Transition of the upper 200 channels in the 800 MHz band to EA licensing. In order to facilitate provision of service throughout an EA, an EA licensee may relocate incumbent licensees in its EA by providing “comparable facilities” on other frequencies in the 800 MHz band. Such relocation is subject to the following provisions: ( a ) - ( c ) [Reserved] ( d ) Comparable facilities. The replacement system provided to an incumbent during an involuntary relocation must be at least equivalent to the existing 800 MHz system with respect to the following four factors: ( 1 ) System. System is defined functionally from the end user's point of view ( i.e., a system is comprised of base station facilities that operate on an integrated basis to provide service to a common end user, and all mobile units associated with those base stations). A system may include multiple-licensed facilities that share a common switch or are otherwise operated as a unitary system, provided that the end user has the ability to access all such facilities. A system may cover more than one EA if its existing geographic coverage extends beyond the EA borders. ( 2 ) Capacity. To meet the comparable facilities requirement, an EA licensee must relocate the incumbent to facilities that provide equivalent channel capacity. We define channel capacity as the same number of channels with the same bandwidth that is currently available to the end user. For example, if an incumbent's system consists of five 50 kHz (two 25 kHz paired frequencies) channels, the replacement system must also have five 50 kHz channels. If a different channel configuration is used, it must have the same overall capacity as the original configuration. Comparable channel capacity requires equivalent signaling capability, baud rate, and access time. In addition, the geographic coverage of the channels must be coextensive with that of the original system. ( 3 ) Quality of service. Comparable facilities must provide the same quality of service as the facilities being replaced. Quality of service is defined to mean that the end user enjoys the same level of interference protection on the new system as on the old system. In addition, where voice service is provided, the voice quality on the new system must be equal to the current system. Finally, reliability of service is considered to be integral to defining quality of service. Reliability is the degree to which information is transferred accurately within the system. Reliability is a function of equipment failures (e.g., transmitters, feed lines, antennas, receivers, battery back-up power, etc.) and the availability of the frequency channel due to propagation characteristics (e.g., frequency, terrain, atmospheric conditions, radio-frequency noise, etc.) For digital data systems, this will be measured by the percent of time the bit error rate exceeds the desired value. For analog or digital voice transmissions, this will be measured by the percent of time that audio signal quality meets an established threshold. If analog voice system is replaced with a digital voice system the resulting frequency response, harmonic distortion, signal-to-noise ratio, and reliability will be considered. ( 4 ) Operating costs. Operating costs are those costs that affect the delivery of services to the end user. If the EA licensee provides facilities that entail higher operating cost than the incumbent's previous system, and the cost increase is a direct result of the relocation, the EA licensee must compensate the incumbent for the difference. Costs associated with the relocation process can fall into several categories. First, the incumbent must be compensated for any increased recurring costs associated with the replacement facilitates (e.g., additional rental payments, increased utility fees). Second, increased maintenance costs must be taken into consideration when determining whether operating costs are comparable. For example, maintenance costs associated with analog systems may be higher than the costs of digital equipment because manufacturers are producing mostly digital equipment and analog replacement parts can be difficult to find. An EA licensee's obligation to pay increased operating costs will end five years after relocation has occurred. ( e ) - ( f ) [Reserved] [ 62 FR 41217 , July 31, 1997, as amended at 77 FR 28798 , May 16, 2012] Subpart T—Regulations Governing Licensing and Use of Frequencies in the 220-222 MHz Band Source: 56 FR 19603 , Apr. 29, 1991, unless otherwise noted. § 90.701 Scope. ( a ) Frequencies in the 220-222 MHz band are available for land mobile and fixed use for both Government and non-Government operations. This subpart supplements part 1, subpart F of this chapter which establishes the requirements and conditions under which commercial and private radio stations may be licensed in the Wireless Telecommunications Services. The provisions of this subpart contain additional pertinent information for current and prospective licensees specific to the 220-222 MHz band. ( b ) ( 1 ) Licensees granted initial authorizations for operations in the 220-222 MHz band from among applications filed on or before May 24, 1991 are referred to in this subpart as “Phase I” licensees; ( 2 ) Applicants that filed initial applications for operations in the 220-222 MHz band on or before May 24, 1991 are referred to in this subpart as “Phase I” applicants; and ( 3 ) All assignments, operations, stations, and systems of licensees granted authorizations from among applications filed for operations in the 220-222 MHz band on or before May 24, 1991 are referred to in this subpart as “Phase I” assignments, operations, stations, and systems, respectively. ( c ) ( 1 ) Licensees granted initial authorizations for operations in the 220-222 MHz band from among applications filed after May 24, 1991 are referred to in this subpart as “Phase II” licensees; ( 2 ) Applicants that filed initial applications for operations in the 220-222 MHz band after May 24, 1991 are referred to in this subpart as “Phase II” applicants; and ( 3 ) All assignments, operations, stations, and systems of licensees granted authorizations from among applications filed for operations in the 220-222 MHz band after May 24, 1991 are referred to in this subpart as “Phase II” assignments, operations, stations, and systems, respectively. ( d ) The rules in this subpart apply to both Phase I and Phase II licensees, applicants, assignments, operations, stations, and systems, unless otherwise specified. [ 62 FR 15993 , Apr. 3, 1997, as amended at 63 FR 68971 , Dec. 14, 1998] § 90.703 Eligibility. The following persons are eligible for licensing in the 220-222 MHz band. ( a ) Any person eligible for licensing under subparts B or C of this part . ( b ) Any person proposing to provide communications service to any person eligible for licensing under subparts B or C of this part , on a not-for-profit, cost-shared basis. ( c ) Any person eligible under this part proposing to provide on a commercial basis, station and ancillary facilities for the use of individuals, federal government agencies and persons eligible for licensing under subparts B or C of this part . [ 56 FR 19603 , Apr. 29, 1991, as amended at 60 FR 15495 , Mar. 24, 1995; 62 FR 18935 , Apr. 17, 1997] § 90.705 Forms to be used. Phase II applications for EA, Regional, or Nationwide radio facilities under this subpart must be prepared in accordance with §§ 1.2105 and 1.2107 of this chapter . Phase II applications for radio facilities operating on public safety/mutual aid channels (Channels 161 through 170) or emergency medical channels (Channels 181 through 185) under this subpart must be prepared on FCC Form 601 and submitted or filed in accordance with § 1.913 of this chapter . [ 63 FR 68971 , Dec. 14, 1998, as amended at 67 FR 45375 , July 9, 2002] § 90.709 Special limitations on amendment of applications and on assignment or transfer of authorizations licensed under this subpart. ( a ) Except as indicated in paragraph (b) of this section, the Commission will not consent to the following: ( 1 ) Any request to amend an application so as to substitute a new entity as the applicant; ( 2 ) Any application to assign or transfer a license for a Phase I, non-nationwide system prior to the completion of construction of facilities; or ( 3 ) Any application to transfer or assign a license for a Phase I nationwide system before the licensee has constructed at least 40 percent of the proposed system pursuant to the provisions of § 90.725(a) or § 90.725(h) , as applicable. ( b ) The Commission will grant the applications described in paragrpah (a) of this section if: ( 1 ) the request to amend an application or to transfer or assign a license does not involve a substantial change in the ownership or control or the applicant; or ( 2 ) The changes in the ownership or control of the applciant are involuntary due to the original applicant's insolvency, bankruptcy, incapacity, or death. ( c ) The assignee or transferee of a Phase I nationwide system is subject to the construction benchmarks and reporting requirements of § 90.725 . The assignee or transferee of a Phase I nationwide system is not subject to the entry criteria described in § 90.713 . ( d ) A licensee may partially assign any authorization in accordance with § 90.1019 . ( e ) The assignee or transferee of a Phase II system is subject to the provisions of §§ 90.1017 and 1.2111(a) of this chapter . [ 56 FR 19603 , Apr. 29, 1991, as amended at 57 FR 32449 , July 22, 1992; 62 FR 15993 , Apr. 3, 1997; 63 FR 49295 , Sept. 15, 1998] § 90.711 Processing of Phase II applications. ( a ) Phase II applications for authorizations on Channels 166 through 170 and Channels 181 through 185 will be processed on a first-come, first-served basis. When multiple applications are filed on the same day for these frequencies in the same geographic area, and insufficient frequencies are available to grant all applications (i.e., if all applications were granted, violation of the station separation provisions of § 90.723(k) of this part would result), these applications will be considered mutually exclusive. ( 1 ) All applications will first be considered to determine whether they are substantially complete and acceptable for filing. If so, they will be assigned a file number and put in pending status. If not, they will be dismissed. ( 2 ) Except as otherwise provided in this section, all applications in pending status will be processed in the order in which they are received, determined by the date on which the application was received by the Commission in its Gettysburg, Pennsylvania office (or the address set forth at § 1.1102 of this chapter for applications requiring the fees established by part 1, subpart G of this chapter ). ( 3 ) Each application that is accepted for filing will then be reviewed to determine whether it can be granted. Frequencies will be assigned by the Commission pursuant to the provisions of § 90.723 . ( 4 ) An application which is dismissed will lose its place in the processing line. ( b ) All applications for Channels 161 through 165 that comply with the applicable rules of this part shall be granted. Licensees operating on such channels shall cooperate in the selection and use of frequencies and resolve any instances of interference in accordance with the provisions of § 90.173 . ( c ) Phase II applications for authorization on all non-Government channels other than Channels 161 through 170 and 181 through 185 shall be processed in accordance with the provisions of subpart W of this part . [ 62 FR 15993 , Apr. 3, 1997, as amended at 63 FR 32590 , June 12, 1998; 63 FR 68971 , Dec. 14, 1998] § 90.713 Entry criteria. ( a ) As set forth in § 90.717 , four 5-channel blocks are available for nationwide, commercial use to non-Government, Phase I applicants. Applicants for these nationwide channel blocks must comply with paragraphs (b) , (c) , and (d) of this section. ( b ) ( 1 ) An applicant must include certification that, within ten years of receiving a license, it will construct a minimum of one base station in at least 70 different geographic areas designated in the application; that base stations will be located in a minimum of 28 of the 100 urban areas listed in § 90.741 ; and that each base station will have all five assigned nationwide channels constructed and placed in operation (regularly interacting with mobile and/or portable units). ( 2 ) An applicant must include certification that it will meet the construction requirements set forth in § 90.725 . ( 3 ) An applicant must include a ten-year schedule detailing plans for construction of the proposed system. ( 4 ) An applicant must include an itemized estimate of the cost of constructing 40 percent of the system and operating the system during the first four years of the license term. ( 5 ) An applicant must include proof that the applicant has sufficient financial resources to construct 40 percent of the system and operate the proposed land mobile system for the first four years of the license term; i.e., that the applicant has net current assets sufficient to cover estimated costs or a firm financial commitment sufficient to cover estimated costs. ( c ) An applicant relying on personal or internal resources for the showing required in paragraph (b) of this section must submit independently audited financial statements certified within one year of the date of the application showing net current assets sufficient to meet estimated construction and operating costs. An applicant must also submit an unaudited balance sheet, current within 60 days of the date of submission, that clearly shows the continued availability of sufficient net current assets to construct and operate the proposed system, and a certification by the applicant or an officer of the applicant organization attesting to the validity of the balance sheet. ( d ) An applicant submitting evidence of a firm financial commitment for the showing required in paragraph (b) of this section must obtain the commitment from a bona fide commercially acceptable source, e.g., a state or federally chartered bank or savings and loan institution, other recognized financial institution, the financial arm of a capital equipment supplier, or an investment banking house. If the lender is not a state or federally chartered bank or savings and loan institution, other recognized financial institution, the financial arm of a capital equipment supplier, or an investment banking house, the lender must also demonstrate that it has funds available to cover the total commitments it has made. The lender's commitment shall contain a statement that the lender: ( 1 ) Has examined the financial condition of the applicant including an audited financial statement, and has determined that the applicant is creditworthy; ( 2 ) Has examined the financial viability of the proposed system for which the applicant intends to use the commitment; and ( 3 ) Is willing, if the applicant is seeking a Phase I, commercial nationwide license, to provide a sum to the applicant sufficient to cover the realistic and prudent estimated costs of construction of 40 percent of the system and operation of the system for the first four years of the license term. ( e ) A Phase II applicant for authorization in a geographic area for Channels 166 through 170 in the public safety/mutual aid category may not have any interest in another pending application in the same geographic area for Channels 166 through 170 in the public safety/mutual aid category, and a Phase II applicant for authorization in a geographic area for channels in the emergency medical category may not have any interest in another pending application in the same geographic area for channels in the emergency medical category. [ 62 FR 15994 , Apr. 3, 1997, as amended at 62 FR 18935 , Apr. 17, 1997] § 90.715 Frequencies available. ( a ) The following table indicates the channel designations of frequencies available for assignment to eligible applicants under this subpart. Frequencies shall be assigned in pairs, with base station frequencies taken from the 220-221 MHz band with corresponding mobile and control station frequencies being 1 MHz higher and taken from the 221-222 MHz band. Only the lower half of the frequency pair(s) is listed in the table. Use of these frequencies in the Mexican and Canadian border areas is subject to coordination with those countries. See paragraph (c) of this section for special provisions concerning use in the Mexico border area. Table of 220-222 MHz Channel Designations Channel No. Base frequency (MHz) 1 220.0025 2 .0075 3 .0125 4 .0175 5 .0225 6 .0275 7 .0325 8 .0375 9 .0425 10 .0475 11 .0525 12 .0575 13 .0625 14 .0675 15 .0725 16 .0775 17 .0825 18 .0875 19 .0925 20 .0975 21 220.1025 22 .1075 23 .1125 24 .1175 25 .1225 26 .1275 27 .1325 28 .1375 29 .1425 30 .1475 31 .1525 32 .1575 33 .1625 34 .1675 35 .1725 36 .1775 37 .1825 38 .1875 39 .1925 40 .1975 41 220.2025 42 .2075 43 .2125 44 .2175 45 .2225 46 .2275 47 .2325 48 .2375 49 .2425 50 .2475 51 .2525 52 .2575 53 .2625 54 .2675 55 .2725 56 .2775 57 .2825 58 .2875 59 .2925 60 .2975 61 220.3025 62 .3075 63 .3125 64 .3175 65 .3225 66 .3275 67 .3325 68 .3375 69 .3425 70 .3475 71 .3525 72 .3575 73 .3625 74 .3675 75 .3725 76 .3775 77 .3825 78 .3875 79 .3925 80 .3975 81 220.4025 82 .4075 83 .4125 84 .4175 85 .4225 86 .4275 87 .4325 88 .4375 89 .4425 90 .4475 91 .4525 92 .4575 93 .4625 94 .4675 95 .4725 96 .4775 97 .4825 98 .4875 99 .4925 100 .4975 101 220.5025 102 .5075 103 .5125 104 .5175 105 .5225 106 .5275 107 .5325 108 .5375 109 .5425 110 .5475 111 .5525 112 .5575 113 .5625 114 .5675 115 .5725 116 .5775 117 .5825 118 .5875 119 .5925 120 .5975 121 220.6025 122 .6075 123 .6125 124 .6175 125 .6225 126 .6275 127 .6325 128 .6375 129 .6425 130 .6475 131 .6525 132 .6575 133 .6625 134 .6675 135 .6725 136 .6775 137 .6825 138 .6875 139 .6925 140 .6975 141 220.7025 142 .7075 143 .7125 144 .7175 145 .7225 146 .7275 147 .7325 148 .7375 149 .7425 150 .7475 151 .7525 152 .7575 153 .7625 154 .7675 155 .7725 156 .7775 157 .7825 158 .7875 159 .7925 160 .7975 161 220.8025 162 .8075 163 .8125 164 .8175 165 .8225 166 .8275 167 .8325 168 .8375 169 .8425 170 .8475 171 .8525 172 .8575 173 .8625 174 .8675 175 .8725 176 .8775 177 .8825 178 .8875 179 .8925 180 .8975 181 220.9025 182 .9075 183 .9125 184 .9175 185 .9225 186 .9275 187 .9325 188 .9375 189 .9425 190 .9475 191 .9525 192 .9575 193 .9625 194 .9675 195 .9725 196 .9775 197 .9825 198 .9875 199 .9925 200 220.9975 ( b ) The 200 channels are divided into three sub-bands as follows: Channel No. Sub-band Frequencies (MHz) 1-40 A 220.0025-220.1975/221.0025-221.1975 41-160 C 220.2025-220.7975/221.2025-221.7975 161-200 B 220.8025-220.9975/221.8025-221.9975 ( c ) U.S./Mexico border area. ( 1 ) Channels 16-30, 45-60, 76-90, 106-120, 136-145, 156-165, 178-194 are available for primary use within the United States within 120 km (74.6 mi) of the Mexican border, subject to the power and antenna height conditions specified in § 90.729 and the use restrictions specified in §§ 90.717-90.721 . ( 2 ) Channels 195-200 are available to both the United States and Mexico in the border area on an unprotected basis. Use is limited to a maximum effective radiated power (ERP) of 2 watts and a maximum antenna height of 6.1 meters (20 ft) above ground. ( 3 ) Channels allotted for primary Mexican use (1-15, 31-45, 61-75, 91-105, 121-135, 146-155, and 166-177) may be used in the border area subject to the condition that the power flux density not exceed−86 dB(W/m 2 ) at or beyond any point on the border. Stations operating under this provision will be considered secondary and will not be granted protection from harmful interference from stations that have primary use of the frequencies. [ 56 FR 19603 , Apr. 29, 1991, as amended at 57 FR 55148 , Nov. 24, 1992] § 90.717 Channels available for nationwide systems in the 220-222 MHz band. ( a ) Channels 51-60, 81-90, and 141-150 are 10-channel blocks available to non-Government applicants only for nationwide Phase II systems. ( b ) Channels 21-25, 26-30, 151-155, and 156-160 are 5-channel blocks available to non-Government applicants only for nationwide, commercial Phase I systems. ( c ) Channels 111-115 and 116-120 are 5-channel blocks available for Government nationwide use only. [ 62 FR 15994 , Apr. 3, 1997] § 90.719 Individual channels available for assignment in the 220-222 MHz band. ( a ) Channels 171 through 200 are available to both Government and non-Government Phase I applicants, and may be assigned singly or in contiguous channel groups. ( b ) Channels 171 through 180 are available for any use by Phase I applicants consistent with this subpart. ( c ) Channels 181 through 185 are set aside in Phase II for emergency medical use for applicants that meet the eligibility criteria of § 90.20(a)(1)(iii) or § 90.20(a)(2)(xiii) . ( d ) Channels 161 through 170 and 181 through 185 are the only 220-222 MHz channels available to Phase II non-nationwide, Government users. [ 62 FR 15994 , Apr. 3, 1997, as amended at 62 FR 18936 , Apr. 17, 1997] § 90.720 Channels available for public safety/mutual aid. ( a ) Part 90 licensees who meet the eligibility criteria of §§ 90.20(a)(1) , 90.20(a)(2)(i) , 90.20(a)(2)(ii) , 90.20(a)(2)(iii) , 90.20(a)(2)(iv) , 90.20(a)(2)(vii) , 90.20(a)(2)(ix) , 90.20(a)(2)(xiii) or 90.20(a)(2)(xiv) are authorized by this rule to use mobile and/or portable units on Channels 161-170 throughout the United States, its territories, and the District of Columbia to transmit: ( 1 ) Communications relating to the immediate safety of life; ( 2 ) Communications to facilitate interoperability among entities eligible under §§ 90.20(a)(1) , 90.20(a)(2)(i) , 90.20(a)(2)(ii) , 90.20(a)(2)(iii) , 90.20(a)(2)(iv) , 90.20(a)(2)(vii) , 90.20(a)(2)(ix) , 90.20(a)(2)(xiii) and 90.20(a)(2)(xiv) ; or ( 3 ) Communications on behalf of and by members of organizations established for disaster relief purposes having an emergency radio communications plan ( i.e., licensees eligible under § 90.20(a)(2)(vii) ) for the transmission of communications relating to the safety of life or property, the establishment and maintenance of temporary relief facilities, and the alleviation of emergency conditions during periods of actual or impending emergency, or disaster, until substantially normal conditions are restored; for limited training exercises incidental to an emergency radio communications plan, and for necessary operational communications of the disaster relief organization or its chapter affiliates. ( b ) Any Government entity and any non-Government entity eligible to obtain a license under §§ 90.20(a)(1) , 90.20(a)(2)(i) , 90.20(a)(2)(ii) , 90.20(a)(2)(iii) , 90.20(a)(2)(iv) , 90.20(a)(2)(vii) , 90.20(a)(2)(ix) , 90.20(a)(2)(xiii) or 90.20(a)(2)(xiv) is also eligible to obtain a license for base/mobile operations on Channels 161 through 170. Base/mobile or base/portable communications on these channels that do not relate to the immediate safety of life or to communications interoperability among the above-specified entities, may only be conducted on a secondary non-interference basis to such communications. [ 62 FR 18936 , Apr. 17, 1997, as amended at 81 FR 66544 , Sept. 28, 2016] § 90.721 Other channels available for non-nationwide systems in the 220-222 MHz band. ( a ) The channel groups listed in the following Table are available to both Government and non-Government Phase I applicants for trunked operations or operations of equivalent or greater efficiency for non-commercial or commercial operations. Table 1—Phase I Trunked Channel Groups Group No. Channel Nos. 1 1-31-61-91-121 2 2-32-62-92-122 3 3-33-63-93-123 4 4-34-64-94-124 5 5-35-65-95-125 6 6-36-66-96-126 7 7-37-67-97-127 8 8-38-68-98-128 9 9-39-69-99-129 10 10-40-70-100-130 11 11-41-71-101-131 12 12-42-72-102-132 13 13-43-73-103-133 14 14-44-74-104-134 15 15-45-75-105-135 16 16-46-76-106-136 17 17-47-77-107-137 18 18-48-78-108-138 19 19-49-79-109-139 20 20-50-80-110-140 ( b ) The channels listed in the following Table are available to non-Government applicants for Phase II assignments in Economic Areas (EAs) and Regional Economic Area Groupings (REAGs) ( see §§ 90.761 and 90.763 ). Table 2—Phase II EA and Regional Channel Assignments Assignment Assignment area Group Nos. (from table 1) Channel Nos. A EA 2 and 13 B EA 3 and 16 C EA 5 and 18 D EA 8 and 19 E EA 171-180 F REAG 1, 6, and 11 G REAG 4, 9, and 14 H REAG 7, 12, and 17 I REAG 10, 15, and 20 J REAG 186-200 [ 62 FR 15995 , Apr. 3, 1997] § 90.723 Selection and assignment of frequencies. ( a ) Phase II applications for frequencies in the 220-222 MHz band shall specify whether their intended use is for 10-channel nationwide systems, 10-channel EA systems, 15-channel Regional systems, public safety/mutual aid use, or emergency medical use. Phase II applicants for frequencies for public safety/mutual aid use or emergency medical use shall specify the number of frequencies requested. All frequencies in this band will be assigned by the Commission. ( b ) Phase II channels will be assigned pursuant to §§ 90.717 , 90.719 , 90.720 , 90.721 , 90.761 and 90.763 . ( c ) Phase II applicants for public safety/mutual aid and emergency medical channels will be assigned only the number of channels justified to meet their requirements. ( d ) Phase I base or fixed station receivers utilizing 221-222 MHz frequencies assigned from Sub-band A as designated in § 90.715(b) will be geographically separated from those Phase I base or fixed station transmitters utilizing 220-221 MHz frequencies removed 200 kHz or less and assigned from Sub-band B as follows: Geographic Separation of Sub-Band A; Base or Fixed Station Receivers and Sub-Band B; Base or Fixed Station Transmitters Effective Separation distance (kilometers) Radiated power (watts) 1 0.0-0.3 ( 2 ) 0.3-0.5 5 0.5-0.6 10 0.6-0.8 20 0.8-2.0 25 2.0-4.0 50 4.0-5.0 100 5.0-6.0 200 Over 6.0 500 1 Transmitter peak envelope power shall be used to determine effective radiated power. 2 Stations separated by 0.3 km or less shall not be authorized. This table does not apply to the low-power channels 196-200. See § 90.729(c) . ( e ) Phase II licensees authorized on 220-221 MHz frequencies assigned from Sub-band B will be required to geographically separate their base station or fixed station transmitters from the base station or fixed station receivers of Phase I licensees authorized on 221-222 MHz frequencies 200 kHz removed or less in Sub-band A in accordance with the Table in paragraph (d) of this section. Such Phase II licensees will not be required to geographically separate their base station or fixed station transmitters from receivers associated with additional transmitter sites that are added by such Phase I licensees in accordance with the provisions of § 90.745(a) . ( f ) Phase II licensees with base or fixed stations transmitting on 220-221 MHz frequencies assigned from Sub-band B and Phase II licensees with base or fixed stations receiving on Sub-band A 221-222 MHz frequencies, if such transmitting and receiving frequencies are 200 kHz or less removed from one another, will be required to coordinate the location of their base stations or fixed stations to avoid interference and to cooperate to resolve any instances of interference in accordance with the provisions of § 90.173(b) . ( g ) Phase I licensees with base or fixed stations transmitting on 220-221 MHz frequencies assigned from Sub-band B and Phase I licensees with base or fixed stations receiving on Sub-band A 221-222 MHz frequencies (if such transmitting and receiving frequencies are 200 kHz or less removed from one another) that add, remove, or modify station sites in accordance with the provisions of § 90.745(a) will be required to coordinate such actions with one another to avoid interference and to cooperate to resolve any instances of interference in accordance with the provisions of § 90.173(b) . ( h ) Phase I licensees with base or fixed stations transmitting on 220-221 MHz frequencies assigned from Sub-band B that add, remove, or modify station sites in accordance with the provisions of § 90.745(a) will be required to coordinate such actions with Phase II licensees with base or fixed stations receiving on Sub-band A 221-222 MHz frequencies 200 kHz or less removed. ( i ) A mobile station is authorized to transmit on any frequency assigned to its associated base station. Mobile units not associated with base stations ( see § 90.720(a) ) must operate on “mobile” channels. ( j ) A licensee's fixed station is authorized to transmit on any of the licensee's assigned base station frequencies or mobile station frequencies. ( k ) Except for nationwide assignments, the separation of co-channel Phase I base stations, or fixed stations transmitting on base station frequencies, shall be 120 kilometers. Except for Phase I licensees seeking license modification in accordance with the provisions of §§ 90.751 and 90.753 , shorter separations between such stations will be considered by the Commission on a case-by-case basis upon submission of a technical analysis indicating that at least 10 dB protection will be provided to an existing Phase I station's predicted 38 dBu signal level contour. The existing Phase I station's predicted 38 dBu signal level contour shall be calculated using the F(50,50) field strength chart for Channels 7-13 in § 73.699 (Fig. 10) of this chapter, with a 9 dB correction factor for antenna height differential. The 10 dB protection to the existing Phase I station's predicted 38 dBu signal level contour shall be calculated using the F(50,10) field strength chart for Channels 7-13 in § 73.699 (Fig. 10a) of this chapter, with a 9 dB correction factor for antenna height differential. [ 62 FR 15995 , Apr. 3, 1997, as amended at 62 FR 18936 , Apr. 17, 1997; 63 FR 32590 , June 12, 1998] § 90.725 Construction requirements for Phase I licensees. ( a ) Licensees granted commercial nationwide authorizations will be required to construct base stations and placed those base stations in operation as follows: ( 1 ) In at least 10 percent of the geographic areas designated in the application within two years of initial license grant, including base stations in at least seven urban areas listed in § 90.741 of this part ; ( 2 ) In at least 40 percent of the geographic areas designated in the application within four years of initial license grant, including base stations in at least 28 urban areas listed in § 90.741 of this part ; ( 3 ) In at least 70 percent of the geographic areas designated in the application within six years of initial license grant, including base stations in at least 28 urban areas listed in § 90.741 of this part ; ( 4 ) In all geographic areas designated in the application within ten years of initial license grant, including base stations in at least 28 urban areas listed in § 90.741 of this part . ( b ) Licensees not meeting the two and four year criteria shall lose the entire authorization, but will be permitted a six month period to convert the system to non-nationwide channels, if such channels are available. ( c ) Licensees not meeting the six and ten year criteria shall lose the authorizations for the facilities not constructed, but will retain exclusivity for constructed facilities. ( d ) Each commercial nationwide licensee must file a system progress report on or before the anniversary date of the grant of its license after 2, 4, 6 and 10 years, demonstrating compliance with the relevant construction benchmark criteria. ( 1 ) An overall status report of the system, that must include, but need not be limited to: ( i ) A list of all sites at which base stations have been constructed, with antenna heights and effective radiated power specified for each site; ( ii ) A list of all other known base station sites at which construction has not been completed; and ( iii ) A construction and operational schedule for the next five-year period, including any known changes to the plan for construction and operation submitted with the licensee's original application for the system. ( 2 ) An analysis of the system's compliance with the requirements of paragraph (a) of this section, with documentation to support representations of completed construction, including, but not limited to: ( i ) Equipment purchase orders and contracts; ( ii ) Lease or purchase contracts relating to antenna site arrangements; ( iii ) Equipment and antenna identification (serial) numbers; and ( iv ) Service agreements and visits. ( e ) Beginning with its second license term, each nationwide licensee must file a progress report once every five years on the anniversary date of the grant of the first renewal of its authorization, including the information required by paragraph (d)(1) of this section. ( f ) Licensees authorized Phase I non-nationwide systems, or authorized on Channels 161 through 170 or Channels 181 through 185, must construct their systems ( i.e., have all specified base stations constructed with all channels) and place their systems in operation, or commence service in accordance with the provisions of § 90.167 , within twelve months of the initial license grant date. Authorizations for systems not constructed and placed in operation, or having commenced service, within twelve months from the date of initial license grant cancel automatically. ( g ) A licensee that loses authorization for some or all of its channels due to failure to meet construction deadlines or benchmarks may not reapply for nationwide channels in the same category or for non-nationwide channels in the same category in the same geographic area for one year from the date the Commission takes final action affirming that those channels have been cancelled. ( h ) The requirements and conditions of paragraphs (a) through (e) and paragraph (g) of this section apply to nationwide licensees that construct and operate stations for fixed or paging operations on a primary basis instead of, or in addition to, stations for land mobile operations on a primary basis except that, in satisfying the base station construction and placed in operation requirements of paragraph (a) of this section and the system progress report requirements of paragraphs (d) and (e) of this section, licensees operating stations for fixed operation on a primary basis instead of, or in addition to, stations for land mobile or paging operations on a primary basis in a given geographic area may demonstrate how such fixed stations are providing substantial service to the public in those geographic areas. [ 56 FR 19603 , Apr. 29, 1991, as amended at 56 FR 32517 , July 17, 1991; 57 FR 32450 , July 22, 1992; 58 FR 36363 , July 7, 1993; 62 FR 15996 , Apr. 3, 1997; 63 FR 49295 , Sept. 15, 1998] § 90.727 Extended implementation schedules for Phase I licensees. Except for nationwide and commercial systems, a period of up to three (3) years may be authorized for constructing and placing a system in operation if: ( a ) The applicant submits justification for an extended implementation period. The justification must include reasons for requiring an extended construction period, the proposed construction schedule (with milestones), and must show either that: ( 1 ) The proposed system will serve a large fleet of mobile units and will involve a multi-year cycle for its planning, approval, funding, purchase, and construction; or ( 2 ) The proposed system will require longer than 8 months to place in operation because of its purpose, size, or complexity; or ( 3 ) The proposed system is to be part of a coordinated or integrated area-wide system which will require more than 8 months to construct; or ( 4 ) The applicant is a local governmental agency and demonstrates that the government involved is required by law to follow a multi-year cycle for planning, approval, funding, and purchasing the proposed system. ( b ) Authorizations under this section are conditioned upon the licensee's compliance with the submitted extended implementation schedule. Failure to meet the schedule will result in loss of authorizations for facilities not constructed. [ 56 FR 19603 , Apr. 29, 1991, as amended at 56 FR 32517 , July 17, 1991] § 90.729 Limitations on power and antenna height. ( a ) The permissible effective radiated power (ERP) with respect to antenna heights for land mobile, paging, or fixed stations transmitting on frequencies in the 220-221 MHz band shall be determined from the following Table. These are maximum values and applicants are required to justify power levels requested. ERP vs. Antenna Height Table 2 Antenna height above average terrain (HAAT), meters Effective radiated power, watts 1 Up to 150 500 150 to 225 250 225 to 300 125 300 to 450 60 450 to 600 30 600 to 750 20 750 to 900 15 900 to 1050 10 Above 1050 5 1 Transmitter PEP shall be used to determine ERP. 2 These power levels apply to stations used for land mobile, paging, and fixed operations. ( b ) The maximum permissible ERP for mobile units is 50 watts. Portable units are considered as mobile units. Licensees operating fixed stations or paging base stations transmitting on frequencies in the 221-222 MHz band may not operate such fixed stations or paging base stations at power levels greater than 50 watts ERP, and may not transmit from antennas that are higher than 7 meters above average terrain, except that transmissions from antennas that are higher than 7 meters above average terrain will be permitted if the effective radiated power of such transmissions is reduced below 50 watts ERP by 20 log 10 (h/7) dB, where h is the height above average terrain (HAAT), in meters. ( c ) Base station and fixed station transmissions on base station transmit Channels 196-200 are limited to 2 watts ERP and a maximum antenna HAAT of 6.1 meters (20 ft). Licensees authorized on these channels may operate at power levels above 2 watts ERP or with a maximum antenna HAAT greater than 6.1 meters (20 ft) if: ( 1 ) They obtain the concurrence of all Phase I and Phase II licensees with base stations or fixed stations receiving on base station receive Channels 1-40 and located within 6 km of their base station or fixed station; and ( 2 ) Their base station or fixed station is not located in the United States/Mexico or United States/Canada border areas. [ 62 FR 15996 , Apr. 3, 1997, as amended at 63 FR 32590 , June 12, 1998] § 90.733 Permissible operations. ( a ) Systems authorized in the 220-222 MHz band may be used: ( 1 ) ( i ) For government and non-government land mobile operations, i.e., for base/mobile and mobile relay transmissions, on a primary basis; or ( ii ) For the following operations instead of or in addition to a licensee's land mobile operations: One-way or two-way paging operations on a primary basis by all non-Government Phase II licensees, fixed operations on a primary basis by all non-Government Phase II licensees and all Government licensees, one-way or two-way paging or fixed operations on a primary basis by all non-Government Phase I licensees, except that before a non-Government Phase I licensee may operate one-way or two-way paging or fixed systems on a primary basis instead of or in addition to its land mobile operations, it must meet the following requirements: ( A ) A nationwide Phase I licensee must; ( 1 ) Meet its two-year benchmark for the construction of its land mobile system base stations as prescribed in § 90.725(a) ; and ( 2 ) Provide a new 10-year schedule, as required in § 90.713(b)(3) , for the construction of the fixed and/or paging system it intends to construct instead of, or in addition to, its nationwide land mobile system; and ( 3 ) Certify that the financial showings and all other certifications provided in demonstrating its ability to construct and operate its nationwide land mobile system, as required in §§ 90.713 (b) , (c) and (d) , remain applicable to the nationwide system it intends to construct consisting of fixed and/or paging operations on a primary basis instead of, or in addition to, its land mobile operations; or ( 4 ) In lieu of providing the requirements of paragraph (a)(1)(ii)(A)( 3 ) of this section, provide the financial showings and all other certifications required in §§ 90.713 (b) , (c) and (d) to demonstrate its ability to construct and operate a nationwide system consisting of fixed and/or paging operations on a primary basis instead of, or in addition to, its land mobile operations. ( B ) A non-nationwide Phase I licensee must first meet the requirement to construct its land mobile base station and place it in operation, or commence service (in accordance with § 90.167 ) as prescribed in § 90.725(f) or § 90.727 , as applicable. ( 2 ) Only by persons who are eligible for facilities under either this subpart or in the pools included in subpart B or C of this part . ( 3 ) Except for licensees classified as CMRS providers under part 20 of this chapter , only for the transmission of messages or signals permitted in the services in which the participants are eligible. ( b ) See § 90.720 of this part for permissible operations on mutual aid channels. ( c ) For operations requiring less than a 4 kHz bandwidth, more than a single emission may be utilized within the authorized bandwidth. In such cases, the frequency stability requirements of § 90.213 do not apply, but the out-of-band emission limits of § 90.210(f) must be met. ( d ) Licensees, except for licensees authorized on Channels 161 through 170 and 181 through 185, may combine any number of their authorized, contiguous channels (including channels derived from multiple authorizations) to form channels wider than 5 kHz. ( e ) In combining authorized, contiguous channels (including channels derived from multiple authorizations) to form channels wider than 5 kHz, the emission limits in § 90.210(f) must be met only at the outermost edges of the contiguous channels. Transmitters shall be tested to confirm compliance with this requirement with the transmission located as close to the band edges as permitted by the design of the transmitter. The frequency stability requirements in § 90.213 shall apply only to the outermost of the contiguous channels authorized to the licensee. However, the frequency stability employed for transmissions operating inside the outermost contiguous channels must be such that the emission limits in § 90.210(f) are met over the temperature and voltage variations prescribed in § 2.995 of this chapter . ( f ) A Phase I non-nationwide licensee operating a paging base station, or a fixed station transmitting on frequencies in the 220-221 MHz band, may only operate such stations at the coordinates of the licensee's authorized land mobile base station. ( g ) The transmissions of a Phase I non-nationwide licensee's paging base station, or fixed station transmitting on frequencies in the 220-221 MHz band, must meet the requirements of §§ 90.723(d) , (g) , (h) , and (k) , and 90.729 , and such a station must operate at the effective radiated power and antenna height-above-average-terrain prescribed in the licensee's land mobile base station authorization. ( h ) Licensees using 220-222 MHz spectrum for geophysical telemetry operations are authorized to operate fixed stations on a secondary, non-interference basis to licensees operating in the 220-222 MHz band on a primary basis under the conditions that such licensees: ( 1 ) Provide notification of their operations to co-channel non-nationwide Phase I licensees with an authorized base station, or fixed station transmitting on frequencies in the 220-221 MHz band, located within 45 km of the secondary licensee's station, to co-channel, Phase II EA or Regional licensee authorized to operate in the EA or REAG in which the secondary licensee's station is located, and to co-channel Phase I or Phase II nationwide licensees; ( 2 ) Operate only at temporary locations in accordance with the provisions of § 1.931 of this chapter ; ( 3 ) Not transmit at a power level greater than one watt ERP; ( 4 ) Not transmit from an antenna higher than 2 meters (6.6 feet) above ground; and ( 5 ) Not operate on Channels 111 through 120, 161 through 170, or 181 through 185. ( i ) All licensees constructing and operating base stations or fixed stations on frequencies in the 220-222 MHz band must: ( 1 ) Comply with any rules and international agreements that restrict use of their authorized frequencies, including the provisions of § 90.715 relating to U.S./Mexican border areas; ( 2 ) Comply with the provisions of § 17.6 of this chapter with regard to antenna structures; and ( 3 ) Comply with the provisions of §§ 1.1301 through 1.1319 of this chapter with regard to actions that may or will have a significant impact on the quality of the human environment. [ 56 FR 19603 , Apr. 29, 1991, as amended at 56 FR 32517 , July 17, 1991; 57 FR 32450 , July 22, 1992; 59 FR 59967 , Nov. 21, 1994; 62 FR 15997 , Apr. 3, 1996; 62 FR 18936 , Apr. 17, 1997; 63 FR 32591 , June 12, 1998; 63 FR 68971 , Dec. 14, 1998] § 90.735 Station identification. ( a ) Except for nationwide systems authorized in the 220-222 MHz band, station identification is required pursuant to § 90.425 of this part . ( b ) Trunked systems shall employ an automatic device to transmit the call sign of the base station at 30 minute intervals. The identification shall be made on the lowest frequency in the base station trunked group assigned to the licensee. If this frequency is in use at the time identification is required, the identification may be made at the termination of the communication in progress on this frequency. ( c ) Station identification may be by voice or International Morse Code. If the call sign is transmitted in International Morse Code, it must be at a rate of between 15 to 20 words per minute, and by means of tone modulation of the transmitter, with the tone frequency being between 800 and 1000 hertz. ( d ) Digital transmissions may also be identified by digital transmission of the station call sign. A licensee that identifies its station in this manner must provide the Commission, upon its request, information (such as digital codes and algorithms) sufficient to decipher the data transmission to ascertain the call sign transmitted. [ 56 FR 19603 , Apr. 29, 1991, as amended at 62 FR 15997 , Apr. 3, 1997] § 90.739 Number of systems authorized in a geographical area. There is no limit on the number of licenses that may be authorized to a single licensee. [ 62 FR 46214 , Sept. 2, 1997] § 90.741 Urban areas for Phase I nationwide systems. Licensees of Phase I nationwide systems must construct base stations, or fixed stations transmitting on frequencies in the 220-221 MHz band, in a minimum of 28 of the urban areas listed in the following Table within ten years of initial license grant. A base station, or fixed station, is considered to be within one of the listed urban areas if it is within 60 kilometers (37.3 miles) of the specified coordinates (coordinates are referenced to North American Datum 1983 (NAD83)). Table Urban area North latitude West longitude New York, New York-Northeastern New Jersey 40°45′06.4″ 73°59′37.5″ Los Angeles-Long Beach, California 34°03′15.0″ 118°14′31.3″ Chicago, Illinois-Northwestern Indiana 41°52′28.1″ 87°38′22.2″ Philadelphia, Pennsylvania/New Jersey 39°56′58.4″ 75°09′19.6″ Detroit, Michigan 42°19′48.1″ 83°02′56.7″ Boston, Massachusetts 42°21′24.4″ 71°03′23.2″ San Francisco-Oakland, California 37°46′38.7″ 122°24′43.9″ Washington, DC/Maryland/Virginia 38°53′51.4″ 77°00′31.9″ Dallas-Fort Worth, Texas 32°47′09.5″ 96°47′38.0″ Houston, Texas 29°45′26.8″ 95°21′37.8″ St Louis, Missouri/Illinois 38°37′45.2″ 90°12′22.4″ Miami, Florida 25°46′38.4″ 80°11′31.2″ Pittsburgh, Pennsylvania 40°26′19.2″ 79°59′59.2″ Baltimore, Maryland 39°17′26.4″ 76°36′43.9″ Minneapolis-St Paul, Minnesota 44°58′56.9″ 93°15′43.8″ Cleveland, Ohio 41°29′51.2″ 81°41′49.5″ Atlanta, Georgia 33°45′10.4″ 84°23′36.7″ San Diego, California 32°42′53.2″ 117°09′24.1″ Denver, Colorado 39°44′58.0″ 104°59′23.9″ Seattle-Everett, Washington 47°36′31.4″ 122°20′16.5″ Milwaukee, Wisconsin 43°02′19.0″ 87°54′15.3″ Tampa, Florida 27°56′59.1″ 82°27′24.3″ Cincinnati, Ohio/Kentucky 39°06′07.2″ 84°30′34.8″ Kansas City, Missouri/Kansas 39°04′56.0″ 94°35′20.8″ Buffalo, New York 42°52′52.2″ 78°52′20.1″ Phoenix, Arizona 33°27′12.2″ 112°04′30.5″ San Jose, California 37°20′15.8″ 121°53′27.8″ Indianapolis, Indiana 39°46′07.2″ 86°09′46.0″ New Orleans, Louisiana 29°56′53.7″ 90°04′10.3″ Portland, Oregon/Washington 45°31′05.4″ 122°40′39.3″ Columbus, Ohio 39°57′47.2″ 83°00′16.7″ Hartford, Connecticut 41°46′12.4″ 72°40′47.3″ San Antonio, Texas 29°25′37.8″ 98°29′07.1″ Rochester, New York 43°09′41.2″ 77°36′20.0″ Sacramento, California 38°34′56.7″ 121°29′44.8″ Memphis, Tennessee/Arkansas/Mississippi 35°08′46.3″ 90°03′13.3″ Louisville, Kentucky/Indiana 38°14′47.3″ 85°45′48.9″ Providence-Pawtucket-Warwick, RI/MA 41°49′32.4″ 71°24′39.2″ Salt Lake City, Utah 40°45′22.8″ 111°53′28.8″ Dayton, Ohio 39°45′32.2″ 84°11′42.8″ Birmingham, Alabama 33°31′01.4″ 86°48′36.0″ Bridgeport, Connecticut 41°10′49.3″ 73°11′20.4″ Norfolk-Portsmouth, Virginia 36°51′10.5″ 76°17′19.8″ Albany-Schenectady-Troy, New York 42°39′01.3″ 73°44′59.4″ Oklahoma City, Oklahoma 35°28′26.2″ 97°31′05.1″ Nashville-Davidson, Tennessee 36°09′33.2″ 86°46′55.0″ Toledo, Ohio/Michigan 41°39′14.2″ 83°32′38.8″ New Haven, Connecticut 41°18′25.3″ 72°55′28.4″ Honolulu, Hawaii 21°18′48.6″ 157°51′50.1″ Jacksonville, Florida 30°19′44.9″ 81°39′41.3″ Akron, Ohio 41°05′00.2″ 81°30′43.4″ Syracuse, New York 43°03′04.2″ 76°09′12.7″ Worcester, Massachusetts 42°15′37.3″ 71°48′15.3″ Tulsa, Oklahoma 36°09′12.3″ 95°59′35.0″ Allentown-Bethlehem-Easton, PA/NJ 40°36′11.4″ 75°28′04.7″ Richmond, Virginia 37°32′15.5″ 77°26′07.9″ Orlando, Florida 28°32′43.0″ 81°22′37.3″ Charlotte, North Carolina 35°13′44.5″ 80°50′44.3″ Springfield-Chicopee-Holyoke, MA/CT 42°06′21.3″ 72°35′30.3″ Grand Rapids, Michigan 42°58′03.1″ 85°40′13.1″ Omaha, Nebraska/Iowa 41°15′42.0″ 95°56′15.1″ Youngstown-Warren, Ohio 41°05′57.2″ 80°39′01.3″ Greenville, South Carolina 34°50′50.4″ 82°24′00.4″ Flint, Michigan 43°00′50.1″ 83°41′32.8″ Wilmington, Delaware/New Jersey/Maryland 39°44′46.4″ 75°32′49.7″ Raleigh-Durham/North Carolina 35°46′38.5″ 78°38′20.0″ West Palm Beach, Florida 26°42′37.2″ 80°03′06.1″ Oxnard-Simi Valley-Ventura, California 34°12′00.0″ 119°11′03.4″ Fresno, California 36°44′11.8″ 119°47′14.5″ Austin, Texas 30°16′09.8″ 97°44′38.0″ Tucson, Arizona 32°13′15.3″ 110°58′10.3″ Lansing, Michigan 42°44′01.1″ 84°33′14.9″ Knoxville, Tennessee 35°57′39.3″ 83°55′06.7″ Baton Rouge, Louisiana 30°26′58.7″ 91°11′00.4″ El Paso, Texas 31°45′36.4″ 106°29′13.0″ Tacoma, Washington 47°14′58.4″ 122°26′19.4″ Mobile, Alabama 30°41′36.7″ 88°02′33.0″ Harrisburg, Pennsylvania 40°15′43.3″ 76°52′57.9″ Albuquerque, New Mexico 35°05′01.2″ 106°39′07.1″ Canton, Ohio 40°47′50.2″ 81°22′36.4″ Chattanooga, Tennessee/Georgia 35°02′41.3″ 85°18′31.8″ Wichita, Kansas 37°41′30.1″ 97°20′17.2″ Charleston, South Carolina 32°46′35.6″ 79°55′52.3″ San Juan, Puerto Rico 18°27′52.8″ 66°06′58.6″ Little Rock-North Little Rock, Arkansas 34°44′42.3″ 92°16′37.5″ Las Vegas, Nevada 36°10′19.9″ 115°08′40.0″ Columbia, South Carolina 34°00′02.6″ 81°01′59.3″ Fort Wayne, Indiana 41°04′21.2″ 85°08′25.9″ Bakersfield, California 35°22′30.9″ 119°01′19.4″ Davenport-Rock Island-Moline, IA/IL 41°31′00.1″ 90°35′00.5″ Shreveport, Louisiana 32°30′46.5″ 93°44′58.6″ Des Moines, Iowa 41°35′14.0″ 93°37′00.8″ Peoria, Illinois 40°41′42.1″ 89°35′33.4″ Newport News-Hampton, Virginia 36°59′30.5″ 76°25′58.8″ Jackson, Mississippi 32°17′56.5″ 90°11′06.3″ Augusta, Georgia/South Carolina 33°28′20.5″ 81°57′59.4″ Spokane, Washington 47°39′31.6″ 117°25′36.8″ Corpus Christi, Texas 27°47′52.1″ 97°23′46.0″ Madison, Wisconsin 43°04′23.0″ 89°22′55.4″ Colorado Springs, Colorado 38°50′07.0″ 104°49′17.9″ Note: The geographic coordinates are originally from the Department of Commerce publication of 1947: “Air-line Distances Between Cities in the United States” and from data supplied by the National Geodetic Survey and converted to the reference system of North American Datum 1983 using the National Geodetic Survey's NADCON program. The coordinates are determined by using the first city mentioned as the center of the urban area. [ 63 FR 68971 , Dec. 14, 1998] § 90.743 Renewal requirements. Until January 1, 2023, all licensees seeking renewal of their authorizations at the end of their license term must file a renewal application in accordance with the provisions of § 1.949 of this chapter . Licensees must demonstrate, in their application, that: ( a ) They have provided “substantial” service during their past license term. “Substantial” service is defined in this rule as service that is sound, favorable, and substantially above a level of mediocre service that just might minimally warrant renewal; and ( b ) They have substantially complied with applicable FCC rules, policies, and the Communications Act of 1934, as amended. [ 82 FR 41548 , Sept. 1, 2017] § 90.745 Phase I licensee service areas. ( a ) A Phase I licensee's service area shall be defined by the predicted 38 dBu service contour of its authorized base station or fixed station transmitting on frequencies in the 220-221 MHz band at its initially authorized location or at the location authorized in accordance with §§ 90.751 , 90.753 , 90.755 and 90.757 if the licensee has sought modification of its license to relocate its initially authorized base station. The Phase I licensee's predicted 38 dBu service contour is calculated using the F(50,50) field strength chart for Channels 7-13 in § 73.699 (Fig. 10) of this chapter, with a 9 dB correction factor for antenna height differential, and is based on the authorized effective radiated power (ERP) and antenna height-above-average-terrain of the licensee's base station or fixed station. Phase I licensees are permitted to add, remove, or modify transmitter sites within their existing service area without prior notification to the Commission so long as their predicted 38 dBu service contour is not expanded. The incumbent licensee must, however, notify the Commission within 30 days of the completion of any changes in technical parameters or additional stations constructed through a minor modification of its license. Such notification must be made by submitting the appropriate FCC form and must include the appropriate filing fee, if any. These minor modification applications are not subject to public notice and petition to deny requirements or mutually exclusive applications. ( b ) Phase I licensees holding authorizations for service areas that are contiguous and overlapping may exchange these authorizations for a single license, authorizing operations throughout the contiguous and overlapping service areas. Phase I licensees exercising this license exchange option must submit specific information for each of their external base station sites. [ 63 FR 32591 , June 12, 1998] § 90.751 Minor modifications of Phase I, non-nationwide licenses. Phase I non-nationwide licensees will be given an opportunity to seek modification of their license to relocate their initially authorized base station, i.e., locate their base station at a site other than its initially authorized location. The conditions under which modifications will be granted and the procedures for applying for license modifications are described in §§ 90.753 , 90.757 and 1.929 of this chapter . For CMRS licensees, these modifications will be treated as minor modifications in accordance with § 1.929 of this chapter . [ 63 FR 68973 , Dec. 14, 1998] § 90.753 Conditions of license modification. ( a ) Except as provided in paragraphs (b) , and (c) of this section, a Phase I non nationwide licensee may modify its authorization to relocate its authorized base station up to one-half the distance over 120 km toward any co-channel licensee's initially authorized base station, to a maximum distance of 8 km. ( b ) A Phase I non-nationwide licensee with an authorized base station located outside a Designated Filing Area (DFA) (see Public Notice, DA 86-173, 52 FR 1302 (January 12, 1987)) may modify its authorization to relocate its authorized base station up to one-half the distance over 120 km toward any co-channel licensee's initially authorized base station, to a maximum distance of 25 km, so long as the base station is relocated no more than 8 km inside of any DFA (i.e., no more than 8 km from the nearest DFA boundary line). ( c ) A Phase I non-nationwide licensee that has been granted Special Temporary Authority (STA) to operate at an alternative base station location may modify its authorization to seek permanent authorization at that location, regardless of whether locating the station at the STA site is in strict conformance with the provisions of paragraphs (a) and (b) of this section, if the licensee certifies that such a modification is in conformance with §§ 90.723 and 90.729 and: ( 1 ) It has constructed its base station and has placed it in operation, or commenced service, at the STA site on or before January 26, 1996; or ( 2 ) It has taken delivery of its base station transceiver on or before January 26, 1996. ( d ) The application for a Phase I non-nationwide licensee proposing a base station modification resulting in less than 120 km separation from a co-channel licensee's initially authorized base station will be accepted by the Commission only with the consent of that co-channel licensee, as evidenced in a statement submitted concurrently with the licensee's application submission on FCC Form 601. ( e ) The application of a Phase I non-nationwide licensee proposing a base station modification resulting in at least a 120 km separation from each co-channel licensee's initially authorized base station but more than one-half the distance over 120 km toward any co-channel licensee's initially authorized base station will be accepted by the Commission only with the consent of that co-channel licensee, as evidenced in a statement submitted concurrently with the licensee's submission on FCC Form 601. [ 61 FR 3845 , Feb. 2, 1996, as amended at 63 FR 68973 , Dec. 14, 1998] § 90.757 Construction requirements. ( a ) Except as provided in paragraph (b) of this section, a Phase I non-nationwide licensee that is granted modification of its authorization to relocate its base station must construct its base station and place it in operation, or commence service, on all authorized channels on or before August 15, 1996, or within 12 months of initial grant date, whichever is later. The authorization of a licensee that does not construct its base station and place it in operation, or commence service, by this date, cancels automatically and must be returned to the Commission. ( b ) A Phase I non-nationwide licensee with a base station authorized at a location north of Line A must construct its base station and place it in operation, or commence service, on all authorized channels within 12 months of initial grant date, or within 12 months of the date of the release of the terms of an agreement between the United States and Canadian governments on the sharing of 220-222 MHz spectrum between the two countries, whichever is later. The authorization of a licensee that does not construct its base station and place it in operation, or commence service, by this date, cancels automatically and must be returned to the Commission. [ 61 FR 3845 , Feb. 2, 1996] Policies Governing the Licensing and Use of Phase II EA, Regional and Nationwide Systems Source: 62 FR 15998 , 15999 , Apr. 3, 1997, unless otherwise noted. § 90.761 EA and Regional licenses. ( a ) EA licenses for spectrum blocks listed in Table 2 of § 90.721(b) are available in 175 Economic Areas (EAs) as defined in § 90.7 . ( b ) Regional licenses for spectrum blocks listed in Table 2 of § 90.721(b) are available in six Regional Economic Area Groupings (REAGs) as defined in § 90.7 . § 90.763 EA, Regional and nationwide system operations. ( a ) A nationwide licensee authorized pursuant to § 90.717(a) may construct and operate any number of land mobile or paging base stations, or fixed stations, anywhere in the Nation, and transmit on any of its authorized channels, provided that the licensee complies with the requirements of § 90.733(i) . ( b ) An EA or Regional licensee authorized pursuant to § 90.761 may construct and operate any number of land mobile or paging base stations, or fixed stations, anywhere within its authorized EA or REAG, and transmit on any of its authorized channels, provided that: ( 1 ) The licensee affords protection to all authorized co-channel Phase I non-nationwide base stations as follows: ( i ) The EA or Regional licensee must locate its land mobile or paging base stations, or fixed stations transmitting on base station transmit frequencies, at least 120 km from the land mobile or paging base stations, or fixed stations transmitting on base station transmit frequencies, of co-channel Phase I licensees, except that separations of less than 120 km shall be considered on a case-by-case basis upon submission by the EA or Regional licensee of: ( A ) A technical analysis demonstrating at least 10 dB protection to the predicted 38 dBu service contour of the co-channel Phase I licensee, i.e., demonstrating that the predicted 28 dBu interfering contour of the EA or Regional licensee's base station or fixed station does not overlap the predicted 38 dBu service contour of the co-channel Phase I licensee's base station or fixed station; or ( B ) A written letter from the co-channel Phase I licensee consenting to a separation of less than 120 km, or to less than 10 dB protection to the predicted 38 dBu service contour of the licensee's base station or fixed station. ( ii ) The Phase I licensee's predicted 38 dBu service contour referred to in paragraph (a)(1)(i) of this section is calculated using the F(50,50) field strength chart for Channels 7-13 in § 73.699 (Fig. 10) of this chapter, with a 9 dB correction factor for antenna height differential, and is based on the licensee's authorized effective radiated power and antenna height-above-average-terrain. The EA or Regional licensee's predicted 28 dBu interfering contour referred to in paragraph (a)(1)(i) of this section is calculated using the F(50,10) field strength chart for Channels 7-13 in § 73.699 (Fig. 10a) of this chapter, with a 9 dB correction factor for antenna height differential. ( 2 ) The licensee complies with the requirements of § 90.733(i) . ( 3 ) The licensee limits the field strength of its base stations, or fixed stations operating on base station transmit frequencies, in accordance with the provisions of § 90.771 . ( 4 ) Upon request by a licensee or the Commission, an EA or regional licensee shall furnish the technical parameters, location and coordinates of the completion of the addition, removal, relocation or modification of any of its facilities within the EA or region. The EA or regional licensee must provide such information within ten (10) days of receiving written notification. ( c ) In the event that the authorization for a co-channel Phase I base station, or fixed station transmitting on base station transmit frequencies, within an EA or Regional licensee's border is terminated or revoked, the EA or Regional licensee's channel obligations to such stations will cease upon deletion of the facility from the Commission's official licensing records, and the EA or Regional licensee then will be able to construct and operate without regard to the previous authorization. [ 62 FR 15998 , 15999 , Apr. 3, 1997, as amended at 63 FR 68973 , Dec. 14, 1998] § 90.765 Licenses term for Phase II licenses. Nationwide licenses authorized pursuant to § 90.717(a) , EA and Regional licenses authorized pursuant to § 90.761 , and non-nationwide licenses authorized pursuant to §§ 90.720 and 90.719(c) will be issued for a term not to exceed ten years. § 90.767 Construction and implementation of EA and Regional licenses. ( a ) An EA or Regional licensee must construct a sufficient number of base stations ( i.e. , base stations for land mobile and/or paging operations) to provide coverage to at least one-third of the population of its EA or REAG within five years of the issuance of its initial license and at least two-thirds of the population of its EA or REAG within ten years of the issuance of its initial license. Licensees may, in the alternative, provide substantial service to their licensed areas at the appropriate five- and ten-year benchmarks. ( b ) Licensees must notify the Commission in accordance with § 1.946 of this chapter of compliance with the Construction requirements of paragraph (a) of this section. ( c ) Failure by an EA or Regional licensee to meet the construction requirements of paragraph (a) of this section, as applicable, will result in automatic cancellation of its entire EA or Regional license. In such instances, EA or Regional licenses will not be converted to individual, site-by-site authorizations for already constructed stations. ( d ) EA and Regional licensees will not be permitted to count the resale of the services of other providers in their EA or REAG, e.g., incumbent, Phase I licensees, to meet the construction requirement of paragraph (a) of this section, as applicable. ( e ) EA and Regional licensees will not be required to construct and place in operation, or commence service on, all of their authorized channels at all of their base stations or fixed stations. [ 69 FR 75172 , Dec. 15, 2004] § 90.769 Construction and implementation of Phase II nationwide licenses. ( a ) A nationwide licensee must construct a sufficient number of base stations ( i.e. , base stations for land mobile and/or paging operations) to provide coverage to a composite area of at least 750,000 square kilometers or 37.5 percent of the United States population within five years of the issuance of its initial license and a composite area of at least 1,500,000 square kilometers or 75 percent of the United States population within ten years of the issuance of its initial license. Licensees may, in the alternative, provide substantial service to their licensed areas at the appropriate five- and ten-year benchmarks. ( b ) Licensees must notify the Commission in accordance with § 1.946 of this chapter of compliance with the Construction requirements of paragraph (a) of this section. ( c ) Failure by a nationwide licensee to meet the construction requirements of paragraph (a) of this section, as applicable, will result in automatic cancellation of its entire nationwide license. In such instances, nationwide licenses will not be converted to individual, site-by-site authorizations for already constructed stations. ( d ) Nationwide licensees will not be required to construct and place in operation, or commence service on, all of their authorized channels at all of their base stations or fixed stations. [ 69 FR 75173 , Dec. 15, 2004] § 90.771 Field strength limits. ( a ) The transmissions from base stations, or fixed stations transmitting on base station transmit frequencies, of EA and Regional licensees may not exceed a predicted 38 dBu field strength at their EA or REAG border. The predicted 38 dBu field strength is calculated using the F(50,50) field strength chart for Channels 7-13 in § 73.699 (Fig. 10) of this chapter, with a 9 dB correction factor for antenna height differential. ( b ) Licensees will be permitted to exceed the predicted 38 dBu field strength required in paragraph (a) of this section if all affected, co-channel EA and Regional licensees agree to the higher field strength. ( c ) EA and Regional licensees must coordinate to minimize interference at or near their EA and REAG borders, and must cooperate to resolve any instances of interference in accordance with the provisions of § 90.173(b) . Subpart U—Competitive Bidding Procedures for 900 MHz Specialized Mobile Radio Service Source: 60 FR 48919 , Sept. 21, 1995, unless otherwise noted. § 90.801 900 MHz SMR spectrum subject to competitive bidding. Mutually exclusive initial applications for 900 MHz SMR service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 43575 , July 9, 2002] §§ 90.802-90.803 [Reserved] § 90.804 Aggregation of 900 MHz SMR licenses. The Commission will license each 10-channel block in the 900 MHz SMR spectrum separately. Applicants may aggregate across spectrum blocks within the limitation specified in § 20.6(b) of this chapter . §§ 90.805-90.806 [Reserved] § 90.807 Submission of upfront payments. Each bidder in the 900 MHz SMR auction will be required to submit an upfront payment of $0.02 per MHz per pop, for the maximum number of licenses (in terms of MHz-pops) on which it intends to bid. [ 67 FR 45376 , July 9, 2002] § 90.808 [Reserved] § 90.809 License grants. MTA licenses pursued through competitive bidding will be granted pursuant to the requirements specified in § 1.945 of this chapter . [ 67 FR 45376 , July 9, 2002] § 90.810 Bidding credits for small businesses. A winning bidder that qualifies as a small business, as defined in § 90.814(b)(1) , or a consortium of small businesses may use a bidding credit of 15 percent to lower the cost of its winning bid on any of the blocks identified in § 90.617(d) , Table 4B. A winning bidder that qualifies as a small business, as defined in § 90.814(b)(2) , or a consortium of small businesses may use a bidding credit of 10 percent to lower the cost of its winning bid on any of the blocks identified in § 90.617(d) , Table 4B. [ 68 FR 43000 , July 21, 2003] § 90.811 Reduced down payment for licenses won by small businesses. Each winning bidder that qualifies as a small business shall make a down payment equal to ten percent of its winning bid (less applicable bidding credits); a winning bidder shall bring its total amount on deposit with the Commission (including upfront payment) to five percent of its net winning bid within five (5) business days after the auction closes, and the remainder of the down payment (five percent) shall be paid within five (5) business days following Public Notice that the Commission is prepared to award the license. The Commission generally will grant the license within ten (10) business days after receipt of the remainder of the down payment. § 90.812 [Reserved] § 90.813 Partitioned licenses and disaggregated spectrum. ( a ) Eligibility. Parties seeking approval for partitioning and disaggregation shall request an authorization for partial assignment of a license pursuant to § 1.948 of this chapter . ( b ) Technical standards — ( 1 ) Partitioning. In the case of partitioning, requests for authorization for partial assignment of a license must include, as attachments, a description of the partitioned service area and a calculation of the population of the partitioned service area and the licensed geographic service area. The partitioned service area shall be defined by coordinate points at every 3 degrees along the partitioned service area unless an FCC recognized service area is utilized ( i.e., Major Trading Area, Basic Trading Area, Metropolitan Service Area, Rural Service Area or Economic Area) or county lines are followed. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1927 North American Datum (NAD27). Applicants may supply geographical coordinates based on 1983 North American Datum (NAD83) in addition to those required (NAD27). In the case where an FCC recognized service area or county lines are utilized, applicants need only list the specific area(s) (through use of FCC designations or county names) that constitute the partitioned area. ( 2 ) Disaggregation. Spectrum may be disaggregated in any amount. ( 3 ) Combined partitioning and disaggregation. The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation. ( c ) Installment payments — ( 1 ) Apportioning the balance on installment payment plans. When a winning bidder elects to pay for its license through an installment payment plan pursuant to § 90.812 , and partitions its licensed area or disaggregates spectrum to another party, the outstanding balance owed by the licensee on its installment payment plan (including accrued and unpaid interest) shall be apportioned between the licensee and partitionee or disaggregatee. Both parties will be responsible for paying their proportionate share of the outstanding balance to the U.S. Treasury. In the case of partitioning, the balance shall be apportioned based upon the ratio of the population of the partitioned area to the population of the entire original license area calculated based upon the most recent census data. In the case of disaggregation, the balance shall be apportioned based upon the ratio of the amount of spectrum disaggregated to the amount of spectrum allocated to the licensed area. ( 2 ) Parties not qualified for installment payment plans. ( i ) The partitionee or disaggregatee shall, as a condition of the approval of the partial assignment application, pay its entire pro rata amount within 30 days of Public Notice conditionally granting the partial assignment application. Failure to meet this condition will result in a rescission of the grant of the partial assignment application. ( ii ) The licensee shall be permitted to continue to pay its pro rata share of the outstanding balance and shall receive new financing documents (promissory note, security agreement) with a revised payment obligation, based on the remaining amount of time on the original installment payment schedule. These financing documents will replace the licensee's existing financing documents which shall be marked “superseded” and returned to the licensee upon receipt of the new financing documents. The original interest rate, established pursuant to § 1.2110(g)(3)(i) of this chapter at the time of the grant of the initial license in the market, shall continue to be applied to the licensee's portion of the remaining government obligation. The Commission will require, as a further condition to approval of the partial assignment application, that the licensee execute and return to the U.S. Treasury the new financing documents within 30 days of the Public Notice conditionally granting the partial assignment application. Failure to meet this condition will result in the automatic cancellation of the grant of the partial assignment application. ( iii ) A default on the licensee's payment obligation will only affect the licensee's portion of the market. ( 3 ) Parties qualified for installment payment plans. ( i ) Where both parties to a partitioning or disaggregation agreement qualify for installment payments, the partitionee or disaggregatee will be permitted to make installment payments on its portion of the remaining government obligation, as calculated according to paragraph (d)(1) of this section. ( ii ) Each party will be required, as a condition to approval of the partial assignment application, to execute separate financing documents (promissory note, security agreement) agreeing to pay their pro rata portion of the balance due (including accrued and unpaid interest) based upon the installment payment terms for which they qualify under the rules. The financing documents must be returned to the U.S. Treasury within thirty (30) days of the Public Notice conditionally granting the partial assignment application. Failure by either party to meet this condition will result in the automatic cancellation of the grant of the partial assignment application. The interest rate, established pursuant to § 1.2110(g)(3)(i) of this chapter at the time of the grant of the initial license in the market, shall continue to be applied to both parties' portion of the balance due. Each party will receive a license for their portion of the partitioned market or disaggregated spectrum. ( iii ) A default on an obligation will only affect that portion of the market area held by the defaulting party. ( iv ) Partitionees and disaggregatees that qualify for installment payment plans may elect to pay some of their pro rata portion of the balance due in a lump sum payment to the U.S. Treasury and to pay the remaining portion of the balance due pursuant to an installment payment plan. ( d ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 90.665(a) . [ 62 FR 41219 , July 31, 1997, as amended at 67 FR 45376 , July 9, 2002; 68 FR 43001 , July 21, 2003; 82 FR 41549 , Sept. 1, 2017] § 90.814 Definitions. ( a ) Scope. The definitions in this section apply to §§ 90.810 through 90.813 , unless otherwise specified in those sections. ( b ) A small business is an entity that either: ( 1 ) Together with its affiliates, persons or entities that hold attributable interests in such entity, and their affiliates, has average gross revenues that are not more than $3 million for the preceding three years; or ( 2 ) Together with its affiliates, persons or entities that hold attributable interests in such entity, and their affiliates, has average gross revenues that are not more than $15 million for the preceding three years. [ 60 FR 48919 , Sept. 21, 1995, as amended at 67 FR 45376 , July 9, 2002; 68 FR 43001 , July 21, 2003] § 90.815 Records maintenance and definitions. ( a ) Records maintenance. All winning bidders qualifying as small businesses, shall maintain at their principal place of business an updated file of ownership, revenue and asset information, including any documents necessary to establish eligibility as a small business, pursuant to § 90.814 , and/or a consortium of small businesses. Licensees (and their successors in interest) shall maintain such files for the term of the license. ( b ) Definitions. The term small business used in this section is defined in § 90.814 . [ 68 FR 43001 , July 21, 2003] Subpart V—Competitive Bidding Procedures for 800 MHz Specialized Mobile Radio Service Source: 61 FR 6159 , Feb. 16, 1996, unless otherwise noted. § 90.901 800 MHz SMR spectrum subject to competitive bidding. Mutually exclusive initial applications for 800 MHz band licenses in Spectrum Blocks A through V are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 45377 , July 9, 2002] § 90.902 [Reserved] § 90.903 Competitive bidding mechanisms. ( a ) Sequencing. The Wireless Telecommunications Bureau will establish and may vary the sequence in which 800 MHz SMR licenses for Spectrum Blocks A through V will be auctioned. ( b ) Grouping. ( 1 ) All EA licenses for Spectrum Blocks A through V will be auctioned simultaneously, unless the Wireless Telecommunications Bureau announces, by Public Notice prior to the auction, an alternative method of grouping these licenses for auction. ( 2 ) Spectrum blocks D through V. All EA licenses for Spectrum Blocks D through V will be auctioned by the following Regions: ( i ) Region 1 (Northeast): The Northeast Region consists of the following MTAs: Boston-Providence, Buffalo-Rochester, New York, Philadelphia, and Pittsburgh. ( ii ) Region 2 (South): The South Region consists of the following MTAs: Atlanta, Charlotte-Greensboro-Greenville-Raleigh, Jacksonville, Knoxville, Louisville-Lexington-Evansville, Nashville, Miami-Fort Lauderdale, Richmond-Norfolk, Tampa-St. Petersburg-Orlando, and Washington-Baltimore; and, Puerto Rico and United States Virgin Islands. ( iii ) Region 3 (Midwest): The Midwest Region consists of the following MTAs: Chicago, Cincinnati-Dayton, Cleveland, Columbus, Des Moines-Quad Cities, Detroit, Indianapolis, Milwaukee, Minneapolis-St. Paul, and Omaha. ( iv ) Region 4 (Central): The Central Region consists of the following MTAs: Birmingham, Dallas-Fort Worth, Denver, El Paso-Albuquerque, Houston, Kansas City, Little Rock, Memphis-Jackson, New Orleans-Baton Rouge, Oklahoma City, San Antonio, St. Louis, Tulsa, and Wichita. ( v ) Region 5 (West): The West Region consists of the following MTAs: Honolulu, Los Angeles-San Diego, Phoenix, Portland, Salt Lake City, San Francisco-Oakland-San Jose, Seattle (including Alaska), and Spokane-Billings; and, American Samoa, Guam, and the Northern Mariana Islands. [ 67 FR 45377 , July 9, 2002] § 90.904 Aggregation of EA licenses. The Commission will license each Spectrum Block A through V in the 800 MHz band separately. Applicants may aggregate across spectrum blocks within the limitations specified in § 20.6 of this chapter . [ 62 FR 41221 , July 31, 1997] § 90.905 [Reserved] § 90.909 License grants. EA licenses pursued through competitive bidding procedures will be granted pursuant to the requirements specified in § 1.945 of this chapter . [ 67 FR 45377 , July 9, 2002] § 90.910 Bidding credits. A winning bidder that qualifies as a very small business, as defined in § 90.912(b)(2) , or a consortium of very small businesses may use a bidding credit of 35 percent to lower the cost of its winning bid on Spectrum Blocks A through V. A winning bidder that qualifies as a small business, as defined in § 90.912(b)(1) , or a consortium of small businesses may use a bidding credit of 25 percent to lower the cost of its winning bid on Spectrum Blocks A through V. [ 68 FR 43001 , July 21, 2003] § 90.911 Partitioned licenses and disaggregated spectrum. ( a ) Eligibility. Parties seeking approval for partitioning and disaggregation shall request an authorization for partial assignment of a license pursuant to § 90.153(c) . ( b ) Technical standards — ( 1 ) Partitioning. In the case of partitioning, requests for authorization for partial assignment of a license must include, as attachments, a description of the partitioned service area and a calculation of the population of the partitioned service area and the licensed geographic service area. The partitioned service area shall be defined by coordinate points at every 3 degrees along the partitioned service area unless an FCC recognized service area is utilized ( i.e., Major Trading Area, Basic Trading Area, Metropolitan Service Area, Rural Service Area or Economic Area) or county lines are followed. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). In the case where an FCC recognized service area or county lines are utilized, applicants need only list the specific area(s) (through use of FCC designations or county names) that constitute the partitioned area. ( 2 ) Disaggregation. Spectrum may be disaggregated in any amount. ( 3 ) Combined partitioning and disaggregation. The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation. ( c ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in §§ 90.629(a) , 90.665(a) or 90.685(a) . ( d ) Construction and channel usage requirements—incumbent licensees. Parties seeking to acquire a partitioned license or disaggregated spectrum from an incumbent licensee will be required to construct and commence “service to subscribers” all facilities acquired through such transactions within the original construction deadline for each facility as set forth in §§ 90.629 and 90.683 . Failure to meet the individual construction deadline will result in the automatic termination of the facility's authorization. ( e ) Certification concerning relocation of incumbent licensees. Parties seeking approval of a partitioning or disaggregation agreement pursuant to this section must include a certification with their partial assignment of license application as to which party will be responsible for meeting the incumbent relocation requirements set forth at § 90.699 . [ 62 FR 41221 , July 31, 1997, as amended at 63 FR 68973 , Dec. 14, 1998; 67 FR 45377 , July 9, 2002; 82 FR 41549 , Sept. 1, 2017] § 90.912 Definitions. ( a ) Scope. The definitions in this section apply to §§ 90.910 and 90.911 , unless otherwise specified in those sections. ( b ) Small and very small businesses. ( 1 ) A small business is an entity that together with its affiliates and controlling interests, has average gross revenues that do not exceed $15 million for the three preceding years; or ( 2 ) A very small business is an entity that together with its affiliates and controlling interests, has average gross revenues that do not exceed $3 million for the three preceding years. [ 62 FR 41222 , July 31, 1997, as amended at 67 FR 45377 , July 9, 2002; 68 FR 43001 , July 21, 2003] § 90.913 Record maintenance and definitions. ( a ) Records maintenance. All winning bidders qualifying as small or very small businesses, shall maintain at their principal place of business an updated file of ownership, revenue and asset information, including any document necessary to establish eligibility as a small or very small business, as defined in § 90.912 , and/or consortium of small businesses (or consortium of very small businesses). Licensees (and their successors in interest) shall maintain such files for the term of the license. ( b ) Definitions. The terms small and very small business used in this section are defined in § 90.912 . [ 68 FR 43001 , July 21, 2003] Subpart W—Competitive Bidding Procedures for the 220 MHz Service Source: 62 FR 15999 , Apr. 3, 1997, unless otherwise noted. § 90.1001 220 MHz service subject to competitive bidding. Mutually exclusive initial applications for 200 MHz geographic area licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 45377 , July 9, 2002] §§ 90.1003-90.1015 [Reserved] § 90.1017 Bidding credits for small businesses and very small businesses. A winning bidder that qualifies as a small business, as defined in § 90.1021(b)(1) , or a consortium of small businesses may use a bidding credit of 25 percent to lower the cost of its winning bid. A winning bidder that qualifies as a very small business, as defined in § 90.1021(b)(2) , or a consortium of very small businesses may use a bidding credit of 35 percent to lower the cost of its winning bid. [ 68 FR 43001 , July 21, 2003] § 90.1019 Eligibility for partitioned licenses. ( a ) Eligibility. Parties seeking approval for partitioning and disaggregation shall request authorization for partial assignment of a license pursuant to § 1.948 of this chapter . The Commission will consider applications that propose combinations of partitioning and disaggregation. ( 1 ) Phase I non-nationwide licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum after constructing their systems and placing their in operation or commencing service in accordance with the provisions in § 90.725(f) of this part . ( 2 ) Phase I nationwide licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum after constructing at least 40 percent of the geographic areas designated in their applications in accordance with the provisions in § 90.725(a) of this part . ( 3 ) Phase II licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses. ( 4 ) Phase I and Phase II licensees authorized to operate on Channels 161 through 170 or Channels 181 through 185 are not eligible to partition their geographic service area or disaggregate their licensed spectrum. ( b ) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 and list the partitioned service area on a schedule to the application. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). In the case where an FCC-recognized service area or county lines are utilized, applicants need only list the specific area(s) through use of FCC designations or county names that constitute the partitioned area. ( c ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term. [ 63 FR 49295 , Sept. 15, 1998, as amended at 63 FR 68973 , Dec. 14, 1998; 65 FR 39560 , June 27, 2000; 82 FR 41549 , Sept. 1, 2017] § 90.1021 Definitions concerning competitive bidding process. ( a ) Scope. The definitions in this section apply to §§ 90.1001 through 90.1025 , unless otherwise specified in those sections. ( b ) Small and very small business. ( 1 ) A small business is an entity that, together with its affiliates and controlling interests, has average gross revenues that are not more than $15 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its affiliates and controlling interests, has average gross revenues that are not more than $3 million for the preceding three years. [ 62 FR 15999 , Apr. 3, 1997, as amended at 67 FR 46376 , July 9, 2002; 68 FR 43001 , July 21, 2003] § 90.1023 Records maintenance and definitions. ( a ) Records maintenance. All winning bidders qualifying as small or very small businesses shall maintain at their principal place of business an updated file of ownership, revenue, and asset information, including any documents necessary to establish eligibility as a small business or very small business, as defined in § 90.1021 , and/or consortium of small businesses (or consortium of very small businesses). Licensees (and their successors-in-interest) shall maintain such files for the term of the license. Applicants that do not obtain the license(s) for which they applied shall maintain such files until the grant of such license(s) is final, or one year from the date of the filing of their short-form application (FCC Form 175), whichever is earlier. ( b ) Definitions. The terms small and very small business used in this section are defined in § 90.1021 . [ 68 FR 43001 , July 21, 2003] § 90.1025 Limitations on settlements. The consideration that an individual or an entity will be permitted to receive for agreeing to withdraw an application or a petition to deny will be limited by the provisions set forth in § 1.2105(c) of this chapter . [ 67 FR 46378 , July 9, 2002] Subpart X—Competitive Bidding Procedures for Location and Monitoring Service Source: 63 FR 40664 , July 30, 1998, unless otherwise noted. § 90.1101 Location and Monitoring Service subject to competitive bidding. Mutually exclusive initial applications for multilateration Location and Monitoring Service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 45378 , July 9, 2002] § 90.1103 Designated entities. ( a ) This section addresses certain issues concerning designated entities in the Location and Monitoring Service (LMS) subject to competitive bidding. ( b ) Eligibility for small business provisions. ( 1 ) A small business is an entity that, together with its affiliates and controlling interests, has average gross revenues not to exceed $15 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its affiliates and controlling interests, has average gross revenues not to exceed $3 million for the preceding three years. ( c ) A winning bidder that qualifies as a small business, as defined in paragraph (b)(1) of this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as a very small businesses, as defined in paragraph (b)(2) of this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter . [ 63 FR 40664 , July 30, 1998, as amended at 67 FR 45379 , July 9, 2002; 68 FR 43001 , July 21, 2003] Subpart Y—Regulations Governing Licensing and Use of Frequencies in the 4940-4990 MHz Band Source: 68 FR 38639 , June 30, 2003, unless otherwise noted. § 90.1201 Scope. This subpart sets out the regulations governing use of the 4940-4990 MHz (4.9 GHz) band. It includes eligibility requirements, and specific operational and technical standards for stations licensed in this band. The rules in this subpart are to be read in conjunction with the applicable requirements contained elsewhere in this part; however, in case of conflict, the provisions of this subpart shall govern with respect to licensing and operation in this band. § 90.1203 Eligibility. ( a ) Entities providing public safety services (as defined in § 90.523 ) are eligible to hold a Commission license for systems operating in the 4940-4990 MHz band. All of the requirements and conditions set forth in § 90.523 also govern authorizations in the 4940-4990 MHz band. ( b ) 4.9 GHz band licensees may enter into sharing agreements or other arrangements for use of the spectrum with entities that do not meet the eligibility requirements in this section. However, all applications in the band are limited to operations in support of public safety. [ 85 FR 76480 , Nov. 30, 2020, as amended at 86 FR 59869 , Oct. 28, 2021] § 90.1205 Permissible operations. ( a ) Unattended and continuous operation is permitted. ( b ) Voice, data and video operations are permitted. ( c ) Aeronautical mobile operations are prohibited. § 90.1207 Licensing. ( a ) A 4940-4990 MHz band license gives the licensee authority to operate on any authorized channel in this band within its licensed area of operation. See § 90.1213 . A 4940-4990 MHz band license will be issued for the geographic area encompassing the legal jurisdiction of the licensee or, in case of a nongovernmental organization, the legal jurisdiction of the state or local governmental entity supporting the nongovernmental organization. ( b ) Subject to § 90.1209 , a 4940-4990 MHz band license gives the licensee authority to construct and operate any number of base stations anywhere within the area authorized by the license, except as follows: ( 1 ) A station is required to be individually licensed if: ( i ) International agreements require coordination; ( ii ) Submission of an environmental assessment is required under § 1.1307 of this chapter ; or ( iii ) The station would affect areas identified in § 1.924 of this chapter . ( 2 ) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under § 17.4 of this chapter . ( c ) A 4940-4990 MHz band license gives the licensee authority to operate base and mobile units (including portable and handheld units) and operate temporary (1 year or less) fixed stations anywhere within the area authorized by the license. Such licensees may operate base and mobile units and/or temporary fixed stations outside their authorized area to assist public safety operations with the permission of the jurisdiction in which the radio station is to be operated. Base and temporary fixed stations are subject to the requirements of paragraph (b) of this section. ( d ) Permanent fixed point-to-point and point-to-multipoint stations in the 4940-4990 MHz band must be licensed individually on a site-by-site basis. Such fixed stations are accorded primary status. Permanent fixed point-to-point and point-to-multipoint stations must use directional antennas with gains greater than 9 dBi. ( e ) Applications for license in the 4940-4990 MHz band must include the following technical information. ( 1 ) The license for base/mobile, mobile-only or temporary fixed (1 year or less) stations will specify, among other parameters, the following technical information: ( i ) Coordinates (base). ( ii ) Antenna height-to-tip (base and temporary fixed). ( iii ) Antenna height above average terrain (base). ( iv ) Center frequency, emission designator, and ERP. ( v ) Number of units (mobile and temporary fixed). ( vi ) Area of operation (mobile and temporary fixed), which shall be limited to the geographic area encompassing the legal jurisdiction of the licensee or, in case of a nongovernmental organization, the legal jurisdiction of the state or local governmental entity supporting the nongovernmental organization. However, applicants may define their areas of operation outside of their areas of legal jurisdiction to assist public safety operations with the permission of the jurisdiction(s) in which the mobile and/or temporary fixed stations are to be operated. ( 2 ) The license for permanent fixed point-to-point, point-to-multipoint and fixed receiver stations must include, among other parameters, the following technical information: ( i ) Transmitting station coordinates. ( ii ) Frequencies and polarizations. ( iii ) For the transmitting equipment, the tolerance, effective isotropic radiated power, emission designator, and type of modulation (digital). ( iv ) For the transmitting antenna(s), the model, gain, antenna center line height(s) above ground level and ground elevation above mean sea level. ( v ) Receiving station coordinates. ( vi ) For the receiving antenna(s), the model, gain, antenna center line height(s) above ground level and ground elevation above mean sea level. ( vii ) Path azimuth and distance. ( f ) Licensees holding active authorizations for the 4940-4990 MHz band on March 30, 2023 shall file the complete site-by-site information described in paragraph (e) of this section for their existing radio systems in the Commission's Universal Licensing System by the compliance date specified in paragraph (g) of this section. ( g ) Paragraphs (e) and (f) of this section may contain information collection and/or recordkeeping requirements. Compliance with paragraphs (e) and (f) will not be required until this paragraph (g) is removed or contains a compliance date, which will not occur until the date specified in a final rule published by the FCC announcing that the Office of Management and Budget has completed review of any information collection requirements associated with paragraphs (e) and (f) of this section or that they have determined such review is not required, which date shall be no earlier than February 28, 2024. [ 68 FR 38639 , June 30, 2003, as amended at 69 FR 17959 , Apr. 6, 2004; 74 FR 23803 , May 21, 2009; 88 FR 12571 , Feb. 28, 2023] § 90.1209 Policies governing the use of the 4940-4990 MHz band. ( a ) Channels in this band are available on a shared basis only and will not be assigned for the exclusive use of any licensee. ( b ) All licensees shall cooperate in the selection and use of channels in order to reduce interference and make the most effective use of the authorized facilities. Licensees of stations suffering or causing harmful interference are expected to cooperate and resolve this problem by mutually satisfactory arrangements. If licensees are unable to do so, the Commission may impose restrictions including specifying the transmitter power, antenna height, or area or hours of operation of the stations concerned. Further, the Commission may prohibit the use of any 4.9 GHz channel under a system license at a given geographical location when, in the judgment of the Commission, its use in that location is not in the public interest. ( c ) Licensees will make every practical effort to protect radio astronomy operations as specified in § 2.106 , footnote US311 of this chapter. ( d ) Stations must be placed into operation within twelve (12) months from the date of grant in accordance with § 90.155 . Licensees of temporary fixed stations must place at least one such station in operation within twelve months of license grant. [ 68 FR 38639 , June 30, 2003, as amended at 88 FR 12571 , Feb. 28, 2023] § 90.1211 Regional plan. ( a ) To facilitate the shared use of the 4.9 GHz band, each region may submit a plan on guidelines to be used for sharing the spectrum within the region. Any such plan must be submitted to the Commission within 12 months of the effective date of the rules. ( b ) Such plans must incorporate the following common elements: ( 1 ) Identification of the document as a plan for sharing the 4.9 GHz band with the region specified along with the names, business addresses, business telephone numbers and organizational affiliations of the chairperson(s) and all members of the planning committee. ( 2 ) A summary of the major elements of the plan and an explanation of how all eligible entities within the region were given an opportunity to participate in the planning process and to have their positions heard and considered fairly. ( 3 ) An explanation of how the plan was coordinated with adjacent regions. ( 4 ) A description of the coordination procedures for both temporary fixed and mobile operations, including but not limited to, mechanisms for incident management protocols, interference avoidance and interoperability. ( c ) Regional plans may be modified by submitting a written request, signed by the regional planning committee, to the Chief, Wireless Telecommunications Bureau. The request must contain the full text of the modification, and a certification that all eligible entities had a chance to participate in discussions concerning the modification and that any changes have been coordinated with adjacent regions. Effective Date Note Effective Date Note: At 69 FR 51959 , Sept. 23, 2004, paragraph (a) of § 90.1211 was stayed indefinitely. § 90.1213 Band plan. ( a ) The following table lists center frequencies for channels in the 4940-4990 MHz band. Channel numbers 1 through 5 and 14 through 18 are 1 MHz bandwidth channels, and channel numbers 6 through 13 are 5 MHz bandwidth channels. Center frequency (MHz) Bandwidth (MHz) Channel numbers 4940.5 1 1 4941.5 1 2 4942.5 1 3 4943.5 1 4 4944.5 1 5 4947.5 5 6 4952.5 5 7 4957.5 5 8 4962.5 5 9 4967.5 5 10 4972.5 5 11 4977.5 5 12 4982.5 5 13 4985.5 1 14 4986.5 1 15 4987.5 1 16 4988.5 1 17 4989.5 1 18 ( b ) The channels listed in the table in paragraph (a) of this section may be aggregated in any manner up to 50 MHz for wider bandwidth operation. Nonetheless, applicants should request no more bandwidth than necessary for a particular use. [ 77 FR 45506 , Aug. 1, 2012, as amended at 78 FR 36684 , June 19, 2013; 88 FR 12571 , Feb. 28, 2023] § 90.1215 Power limits. Except as provided in paragraph (f) of this section, the transmitting power of stations operating in the 4940-4990 MHz band must not exceed the maximum limits in this section. ( a ) ( 1 ) For base, mobile, and temporary fixed operations, the maximum conducted output power must not exceed: Table 1 to Paragraph ( a )(1) Channel bandwidth (MHz) Low power maximum conducted output power (dBm) High power maximum conducted output power (dBm) 1 7 20 5 14 27 10 17 30 15 18.8 31.8 20 20 33 30 21.8 34.8 40 23 36 50 24 37 ( 2 ) High power devices are also limited to a peak power spectral density of 21 dBm per one MHz. High power devices using channel bandwidths other than those listed above are permitted; however, they are limited to peak power spectral density of 21 dBm/MHz. If transmitting antennas of directional gain greater than 9 dBi are used, both the maximum conducted output power and the peak power spectral density should be reduced by the amount in decibels that the directional gain of the antenna exceeds 9 dBi. However, high power point-to-point and point-to-multipoint operations (both fixed and temporary-fixed rapid deployment) may employ transmitting antennas with directional gain up to 26 dBi without any corresponding reduction in the maximum conducted output power or spectral density. Corresponding reduction in the maximum conducted output power and peak power spectral density should be the amount in decibels that the directional gain of the antenna exceeds 26 dBi. ( b ) Low power devices are also limited to a peak power spectral density of 8 dBm per one MHz. Low power devices using channel bandwidths other than those listed above are permitted; however, they are limited to a peak power spectral density of 8 dBm/MHz. If transmitting antennas of directional gain greater than 9 dBi are used, both the maximum conducted output power and the peak power spectral density should be reduced by the amount in decibels that the directional gain of the antenna exceeds 9 dBi. ( c ) The maximum conducted output power is measured as a conducted emission over any interval of continuous transmission using instrumentation calibrated in terms of an RMS-equivalent voltage. If the device cannot be connected directly, alternative techniques acceptable to the Commission may be used. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a true maximum conducted output power measurement conforming to the definitions in this paragraph for the emission in question. ( d ) The peak power spectral density is measured as conducted emission by direct connection of a calibrated test instrument to the equipment under test. If the device cannot be connected directly, alternative techniques acceptable to the Commission may be used. Measurements are made over a bandwidth of one MHz or the 26 dB emission bandwidth of the device, whichever is less. A resolution bandwidth less than the measurement bandwidth can be used, provided that the measured power is integrated to show total power over the measurement bandwidth. If the resolution bandwidth is approximately equal to the measurement bandwidth, and much less than the emission bandwidth of the equipment under test, the measured results shall be corrected to account for any difference between the resolution bandwidth of the test instrument and its actual noise bandwidth. ( e ) The ratio of the peak excursion of the modulation envelope (measured using a peak hold function) to the maximum conducted output power shall not exceed 13 dB across any 1 MHz bandwidth or the emission bandwidth whichever is less. ( f ) The transmitting power of permanent fixed point-to-point and point-to-multipoint stations operating in the 4940-4990 MHz band must not exceed the maximum limits in this paragraph (f) . Moreover, applicants should request no more power than necessary for a particular use. ( 1 ) The maximum equivalent isotropically radiated power (EIRP), as referenced to an isotropic radiator, must not exceed 55 dBW (85 dBm). ( 2 ) For path lengths shorter than 17 kilometers, the EIRP shall not exceed the value derived from the following equation: New EIRP limit = 55 dBW—40*log(17/B) dBW, where B = the actual path length in kilometers. [ 70 FR 28467 , May 18, 2005, as amended at 74 FR 23803 , May 21, 2009; 74 FR 27455 , June 10, 2009; 88 FR 12571 , Feb. 28, 2023] § 90.1217 4.9 GHz Band Manager. The 4.9 GHz Band Manager will have the following three primary responsibilities: ( a ) Frequency coordination for public safety applications; ( b ) Incentivizing the use of the latest commercially available technologies, including 5G; and ( c ) Facilitating non-public safety use of the 4.9 GHz band. [ 88 FR 12572 , Feb. 28, 2023] Subpart Z—Wireless Broadband Services in the 3650-3700 MHz Band Source: 70 FR 24726 , May 11, 2005, unless otherwise noted. § 90.1301 Scope. This subpart sets out the regulations governing wireless operations in the 3650-3700 MHz band. It includes licensing requirements, and specific operational and technical standards for wireless operations in this band. The rules in this subpart are to be read in conjunction with the applicable requirements contained elsewhere in the Commission's rules; however, in case of conflict, the provisions of this subpart shall govern with respect to licensing and operation in this band. § 90.1303 Eligibility. Any entity, other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 310 , is eligible to hold a license under this part. § 90.1305 Permissible operations. Use of the 3650-3700 MHz band must be consistent with the allocations for this band as set forth in part 2 of the Commission's Rules. All stations operating in this band must employ a contention-based protocol (as defined in § 90.7 ). § 90.1307 Licensing. ( a ) The 3650-3700 MHz band is licensed on the basis of non-exclusive nationwide licenses. Non-exclusive nationwide licenses will serve as a prerequisite for registering individual fixed and base stations. A licensee cannot operate a fixed or base station before registering it under its license and licensees must delete registrations for unused fixed and base stations. ( b ) The Commission shall issue no new licenses or license renewals under this section after April 17, 2015, except as specified in paragraph (c) of this section. ( c ) If a license issued under this Section expires between April 17, 2015 and April 17, 2020, the licensee may request a one-time renewal and the Commission may renew that license for a term ending no later than April 17, 2020. ( d ) Licenses that were issued after January 8, 2013 will be afforded protection from harmful interference from Citizens Broadband Radio Service users pursuant to § 90.1338 until April 17, 2020 regardless of their expiration date. [ 80 FR 36222 , June 23, 2015] § 90.1309 Regulatory status. Licensees are permitted to provide services on a non-common carrier and/or on a common carrier basis. A licensee may render any kind of communications service consistent with the regulatory status in its license and with the Commission's rules applicable to that service. § 90.1311 License term. The license term is ten years, except as set forth in § 90.1307 , beginning on the date of the initial authorization (non-exclusive nationwide license) grant. Registering fixed and base stations will not change the overall renewal period of the license. [ 80 FR 36222 , June 23, 2015] § 90.1312 Assignment and transfer. Licensees may assign or transfer their non-exclusive nationwide licenses, and any fixed or base stations registered under those licenses will remain associated with those licenses. § 90.1319 Policies governing the use of the 3650-3700 MHz band. ( a ) Channels in this band are available on a shared basis only and will not be assigned for the exclusive use of any licensee. ( b ) Any base, fixed, or mobile station operating in the band must employ a contention-based protocol. ( c ) Equipment incorporating an unrestricted contention-based protocol (i.e. one capable of avoiding co-frequency interference with devices using all other types of contention-based protocols) may operate throughout the 50 megahertz of this frequency band. Equipment incorporating a restricted contention-based protocol (i.e. one that does not qualify as unrestricted) may operate in, and shall only tune over, the lower 25 megahertz of this frequency band. ( d ) All applicants and licensees shall cooperate in the selection and use of frequencies in the 3650-3700 MHz band in order to minimize the potential for interference and make the most effective use of the authorized facilities. A database identifying the locations of registered stations will be available at http://wireless.fcc.gov/uls . Licensees should examine this database before seeking station authorization, and make every effort to ensure that their fixed and base stations operate at a location, and with technical parameters, that will minimize the potential to cause and receive interference. Licensees of stations suffering or causing harmful interference are expected to cooperate and resolve this problem by mutually satisfactory arrangements. [ 72 FR 40722 , July 25, 2007] § 90.1321 Power and antenna limits. ( a ) Base and fixed stations are limited to 25 watts/25 MHz equivalent isotropically radiated power (EIRP). In any event, the peak EIRP power density shall not exceed 1 Watt in any one-megahertz slice of spectrum. ( b ) In addition to the provisions in paragraph (a) of this section, transmitters operating in the 3650-3700 MHz band that emit multiple directional beams, simultaneously or sequentially, for the purpose of directing signals to individual receivers or to groups of receivers provided the emissions comply with the following: ( 1 ) Different information must be transmitted to each receiver. ( 2 ) If the transmitter employs an antenna system that emits multiple directional beams but does not emit multiple directional beams simultaneously, the total output power conducted to the array or arrays that comprise the device, i.e. , the sum of the power supplied to all antennas, antenna elements, staves, etc. and summed across all carriers or frequency channels, shall not exceed the limit specified in paragraph (a) of this section, as applicable. The directional antenna gain shall be computed as follows: ( i ) The directional gain, in dBi, shall be calculated as the sum of 10 log (number of array elements or staves) plus the directional gain, in dBi, of the individual element or stave having the highest gain. ( ii ) A lower value for the directional gain than that calculated in paragraph (b)(2)(i) of this section will be accepted if sufficient evidence is presented, e.g., due to shading of the array or coherence loss in the beam-forming. ( 3 ) If a transmitter employs an antenna that operates simultaneously on multiple directional beams using the same or different frequency channels and if transmitted beams overlap, the power shall be reduced to ensure that the aggregate power from the overlapping beams does not exceed the limit specified in paragraph (b)(2) of this section. In addition, the aggregate power transmitted simultaneously on all beams shall not exceed the limit specified in paragraph (b)(2) of this section by more than 8 dB. ( 4 ) Transmitters that emit a single directional beam shall operate under the provisions of paragraph (b)(2) of this section. ( c ) Mobile and portable stations are limited to 1 watt/25 MHz EIRP. In any event, the peak EIRP density shall not exceed 40 milliwatts in any one-megahertz slice of spectrum. § 90.1323 Emission limits. ( a ) The power of any emission outside a licensee's frequency band(s) of operation shall be attenuated below the transmitter power (P) within the licensed band(s) of operation, measured in watts, by at least 43 + 10 log (P) dB. Compliance with this provision is based on the use of measurement instrumentation employing a resolution bandwidth of 1 MHz or less, but at least one percent of the emission bandwidth of the fundamental emission of the transmitter, provided the measured energy is integrated over a 1 MHz bandwidth. ( b ) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. § 90.1331 Restrictions on the operation of base and fixed stations. ( a ) ( 1 ) Except as provided in paragraph (a)(2) of this section, base and fixed stations may not be located within 150 km of any grandfathered satellite earth station operating in the 3650-3700 MHz band. The coordinates of these stations are available at http://www.fcc.gov/ib/sd/3650/ . ( 2 ) Base and fixed stations may be located within 150 km of a grandfathered satellite earth station provided that the licensee of the satellite earth station and the 3650-3700 MHz licensee mutually agree on such operation. ( 3 ) Any negotiations to enable base or fixed station operations closer than 150 km to grandfathered satellite earth stations must be conducted in good faith by all parties. ( b ) ( 1 ) Except as specified in paragraph (b)(2) of this section, base and fixed stations may not be located within 80 km of the following Federal Government radiolocation facilities: St. Inigoes, MD—38° 10′ N., 76°, 23′ W Pensacola, FL—30° 21′ 28″ N., 87°, 16′ 26″ W Pascagoula, MS—30° 22′ N, 88° 29′ Note to paragraph ( b )(1): Licensees installing equipment in the 3650-3700 MHz band should determine if there are any nearby Federal Government radar systems that could affect their operations. Information regarding the location and operational characteristics of the radar systems operating adjacent to this band are provided in NTIA TR-99-361. ( 2 ) Requests for base or fixed station locations closer than 80 km to the Federal Government radiolocation facilities listed in paragraph (b)(1) of this section will only be approved upon successful coordination by the Commission with NTIA through the Frequency Assignment Subcommittee of the Interdepartmental Radio Advisory Committee. [ 70 FR 24726 , May 11, 2005, as amended at 77 FR 76248 , Dec. 27, 2012; 80 FR 36222 , June 23, 2015] § 90.1333 Restrictions on the operation of mobile and portable stations. ( a ) Mobile and portable stations may operate only if they can positively receive and decode an enabling signal transmitted by a base station. ( b ) Any mobile/portable stations may communicate with any other mobile/portable stations so long as each mobile/portable can positively receive and decode an enabling signal transmitted by a base station. ( c ) Airborne operations by mobile/portable stations is prohibited. § 90.1335 RF safety. Licensees in the 3650-3700 MHz band are subject to the exposure requirements found in § 1.1307(b) , 2.1091 and 2.1093 of our Rules. § 90.1337 Operation near Canadian and Mexican borders. ( a ) Fixed devices generally must be located at least 8 kilometers from the U.S./Canada or U.S./Mexico border if the antenna of that device looks within the 160° sector away from the border. Fixed devices must be located at least 56 kilometers from each border if the antenna looks within the 200° sector towards the border. ( b ) Fixed devices may be located nearer to the U.S./Canada or U.S./Mexico border than specified in paragraph (a) of this section only if the Commission is able to coordinate such use with Canada or Mexico, as appropriate. ( c ) Licensees must comply with the requirements of current and future agreements with Canada and Mexico regarding operation in U.S./Canada and U.S./Mexico border areas. § 90.1338 Grandfathered operation and transition to Citizens Broadband Radio Service. ( a ) Fixed and base station registrations filed in ULS on or before April 17, 2015 that are constructed, in service, and fully compliant with the rules in part 90, subpart Z as of April 17, 2016 will be afforded protection from harmful interference caused by Citizens Broadband Radio Service users until the end of their license term (with one exception that fixed and base stations registered under licenses issued after January 8, 2013 will only be afforded protection until April 17, 2020), consistent with § 90.1307 . Protection criteria for such registered base stations are described in § 96.21of this chapter. Registrations originally filed after April 17, 2015 will only be afforded protection from harmful interference under this section within the licensee's Grandfathered Wireless Protection Zone, as defined in §§ 96.3 and 96.21 of this chapter . ( b ) Existing licensees as of April 17, 2015 may add new mobile or portable stations (as defined in § 90.1333 ) and/or add new subscriber units that operate above the power limit defined in § 90.1333 , only if they can positively receive and decode an enabling signal from a base station. Such units will be afforded protection within the licensee's Grandfathered Wireless Protection Zone (as defined in §§ 96.3 and 96.21 of this chapter ) until April 17, 2020 or until the end of their license term, whichever is later (with one exception that mobile and portable stations associated with licenses issued after January 8, 2013 will only be afforded protection until April 17, 2020). [ 80 FR 36222 , June 23, 2015]
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PART 6—ACCESS TO TELECOMMUNICATIONS SERVICE, TELECOMMUNICATIONS EQUIPMENT AND CUSTOMER PREMISES EQUIPMENT BY PERSONS WITH DISABILITIES Authority: 47 U.S.C. 151-154 , 208 , 255 , and 303(r) . Source: 64 FR 63251 , Nov. 19, 1999, unless otherwise noted. Subpart A—Scope—Who Must Comply With These Rules? § 6.1 Applicability. The rules in this part apply to: ( a ) Any provider of telecommunications service; ( b ) Any manufacturer of telecommunications equipment or customer premises equipment; ( c ) Any telecommunications carrier; ( d ) Any provider of interconnected Voice over Internet Protocol (VoIP) service, as that term is defined in § 9.3 of this chapter ; and ( e ) Any manufacturer of equipment or customer premises equipment that is specially designed to provide interconnected VoIP service and that is needed for the effective use of an interconnected VoIP service. [ 64 FR 63251 , Nov. 19, 1999, as amended at 72 FR 43558 , Aug. 6, 2007] Subpart B—Definitions § 6.3 Definitions. ( a ) The term accessible shall mean that: ( 1 ) Input, control, and mechanical functions shall be locatable, identifiable, and operable in accordance with each of the following, assessed independently: ( i ) Operable without vision. Provide at least one mode that does not require user vision. ( ii ) Operable with low vision and limited or no hearing. Provide at least one mode that permits operation by users with visual acuity between 20/70 and 20/200, without relying on audio output. ( iii ) Operable with little or no color perception. Provide at least one mode that does not require user color perception. ( iv ) Operable without hearing. Provide at least one mode that does not require user auditory perception. ( v ) Operable with limited manual dexterity. Provide at least one mode that does not require user fine motor control or simultaneous actions. ( vi ) Operable with limited reach and strength. Provide at least one mode that is operable with user limited reach and strength. ( vii ) Operable with a Prosthetic Device. Controls shall be operable without requiring body contact or close body proximity. ( viii ) Operable without time-dependent controls. Provide at least one mode that does not require a response time or allows response time to be by-passed or adjusted by the user over a wide range. ( ix ) Operable without speech. Provide at least one mode that does not require user speech. ( x ) Operable with limited cognitive skills. Provide at least one mode that minimizes the cognitive, memory, language, and learning skills required of the user. ( 2 ) All information necessary to operate and use the product, including but not limited to, text, static or dynamic images, icons, labels, sounds, or incidental operating cues, comply with each of the following, assessed independently: ( i ) Availability of visual information. Provide visual information through at least one mode in auditory form. ( ii ) Availability of visual information for low vision users. Provide visual information through at least one mode to users with visual acuity between 20/70 and 20/200 without relying on audio. ( iii ) Access to moving text. Provide moving text in at least one static presentation mode at the option of the user. ( iv ) Availability of auditory information. Provide auditory information through at least one mode in visual form and, where appropriate, in tactile form. ( v ) Availability of auditory information for people who are hard of hearing. Provide audio or acoustic information, including any auditory feedback tones that are important for the use of the product, through at least one mode in enhanced auditory fashion ( i.e., increased amplification, increased signal-to-noise ratio, or combination). ( vi ) Prevention of visually-induced seizures. Visual displays and indicators shall minimize visual flicker that might induce seizures in people with photosensitive epilepsy. ( vii ) Availability of audio cutoff. Where a product delivers audio output through an external speaker, provide an industry standard connector for headphones or personal listening devices (e.g., phone-like handset or earcup) which cuts off the speaker(s) when used. ( viii ) Non-interference with hearing technologies. Reduce interference to hearing technologies (including hearing aids, cochlear implants, and assistive listening devices) to the lowest possible level that allows a user to utilize the product. ( ix ) Hearing aid coupling. Where a product delivers output by an audio transducer which is normally held up to the ear, provide a means for effective wireless coupling to hearing aids. ( 3 ) Real-Time Text. Voice communication services subject to this part that are provided over wireless IP facilities and handsets and other text-capable end user devices used with such service that do not themselves provide TTY functionality, may provide TTY connectability and signal compatibility pursuant to paragraphs (b)(3) and (4) of this section, or support real-time text communications, in accordance with 47 CFR part 67 . ( b ) The term compatibility shall mean compatible with peripheral devices and specialized customer premises equipment commonly used by individuals with disabilities to achieve accessibility to telecommunications services, and in compliance with the following provisions, as applicable: ( 1 ) External electronic access to all information and control mechanisms. Information needed for the operation of products (including output, alerts, icons, on-line help, and documentation) shall be available in a standard electronic text format on a cross-industry standard port and all input to and control of a product shall allow for real time operation by electronic text input into a cross-industry standard external port and in cross-industry standard format. The cross-industry standard port shall not require manipulation of a connector by the user. ( 2 ) Connection point for external audio processing devices. Products providing auditory output shall provide the auditory signal at a standard signal level through an industry standard connector. ( 3 ) TTY connectability. Products which provide a function allowing voice communication and which do not themselves provide a TTY functionality shall provide a standard non-acoustic connection point for TTYs. It shall also be possible for the user to easily turn any microphone on and off to allow the user to intermix speech with TTY use. ( 4 ) TTY signal compatibility. Products, including those providing voice communication functionality, shall support use of all cross-manufacturer non-proprietary standard signals used by TTYs. ( 5 ) TTY Support Exemption. Voice communication services subject to this part that are provided over wireless IP facilities and equipment used with such services are not required to provide TTY connectability and TTY signal compatibility if such services and equipment support real-time text, in accordance with 47 CFR part 67 . ( c ) The term customer premises equipment shall mean equipment employed on the premises of a person (other than a carrier) to originate, route, or terminate telecommunications. For purposes of this part, the term customer premises equipment shall include equipment employed on the premises of a person (other than a carrier) that is specially designed to provide interconnected VoIP service and that is needed for the effective use of an interconnected VoIP service. ( d ) The term disability shall mean a physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such an impairment; or being regarded as having such an impairment. ( e ) The term interconnected VoIP service shall have the same meaning as in § 9.3 of this chapter . ( f ) The term manufacturer shall mean an entity that makes or produces a product. ( g ) The term peripheral devices shall mean devices employed in connection with equipment covered by this part to translate, enhance, or otherwise transform telecommunications into a form accessible to individuals with disabilities. ( h ) The term readily achievable shall mean, in general, easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include: ( 1 ) The nature and cost of the action needed; ( 2 ) The overall financial resources of the manufacturer or service provider involved in the action (the covered entity); the number of persons employed by such manufacturer or service provider; the effect on expenses and resources, or the impact otherwise of such action upon the operations of the manufacturer or service provider; ( 3 ) If applicable, the overall financial resources of the parent of the entity; the overall size of the business of the parent entity with respect to the number of its employees; the number, type, and location of its facilities; and ( 4 ) If applicable, the type of operation or operations of the covered entity, including the composition, structure and functions of the workforce of such entity; and the geographic separateness, administrative or fiscal relationship of the covered entity in question to the parent entity. ( i ) The term specialized customer premises equipment shall mean customer premise equipment which is commonly used by individuals with disabilities to achieve access. ( j ) The term telecommunications equipment shall mean equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades). For purposes of this part, the term telecommunications equipment shall include equipment that is specially designed to provide interconnected VoIP service and that is needed for the effective use of an interconnected VoIP service as that term is defined in § 9.3 of this chapter . ( k ) The term telecommunications service shall mean the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. For purposes of this part, the term telecommunications service shall include “interconnected VoIP service” as that term is defined in § 9.3 of this chapter . ( l ) The term usable shall mean that individuals with disabilities have access to the full functionality and documentation for the product, including instructions, product information (including accessible feature information), documentation, bills and technical support which is provided to individuals without disabilities. ( m ) The term real-time text shall have the meaning set forth in § 67.1 of this chapter . ( n ) The term text-capable end user device means customer premises equipment that is able to send, receive, and display text. [ 64 FR 63251 , Nov. 19, 1999, as amended at 72 FR 43558 , Aug. 6, 2007; 82 FR 7706 , Jan. 23, 2017] Subpart C—Obligations—What Must Covered Entities Do? § 6.5 General obligations. ( a ) Obligation of Manufacturers. ( 1 ) A manufacturer of telecommunications equipment or customer premises equipment shall ensure that the equipment is designed, developed and fabricated so that the telecommunications functions of the equipment are accessible to and usable by individuals with disabilities, if readily achievable. ( 2 ) Whenever the requirements of paragraph (a)(1) of this section are not readily achievable, the manufacturer shall ensure that the equipment is compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, if readily achievable. ( b ) Obligation of Service Providers. ( 1 ) A provider of a telecommunications service shall ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable. ( 2 ) Whenever the requirements of paragraph (b)(1) of this section are not readily achievable, the service provider shall ensure that the service is compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, if readily achievable. ( c ) Obligation of Telecommunications Carriers. Each telecommunications carrier must not install network features, functions, or capabilities that do not comply with the guidelines and standards established pursuant to this part or part 7 of this chapter . § 6.7 Product design, development, and evaluation. ( a ) Manufacturers and service providers shall evaluate the accessibility, usability, and compatibility of equipment and services covered by this part and shall incorporate such evaluation throughout product design, development, and fabrication, as early and consistently as possible. Manufacturers and service providers shall identify barriers to accessibility and usability as part of such a product design and development process. ( b ) In developing such a process, manufacturers and service providers shall consider the following factors, as the manufacturer deems appropriate: ( 1 ) Where market research is undertaken, including individuals with disabilities in target populations of such research; ( 2 ) Where product design, testing, pilot demonstrations, and product trials are conducted, including individuals with disabilities in such activities; ( 3 ) Working cooperatively with appropriate disability-related organizations; and ( 4 ) Making reasonable efforts to validate any unproven access solutions through testing with individuals with disabilities or with appropriate disability-related organizations that have established expertise with individuals with disabilities. § 6.9 Information pass through. Telecommunications equipment and customer premises equipment shall pass through cross-manufacturer, non-proprietary, industry-standard codes, translation protocols, formats or other information necessary to provide telecommunications in an accessible format, if readily achievable. In particular, signal compression technologies shall not remove information needed for access or shall restore it upon decompression. § 6.11 Information, documentation, and training. ( a ) Manufacturers and service providers shall ensure access to information and documentation it provides to its customers, if readily achievable. Such information and documentation includes user guides, bills, installation guides for end-user installable devices, and product support communications, regarding both the product in general and the accessibility features of the product. Manufacturers shall take such other readily achievable steps as necessary including: ( 1 ) Providing a description of the accessibility and compatibility features of the product upon request, including, as needed, in alternate formats or alternate modes at no additional charge; ( 2 ) Providing end-user product documentation in alternate formats or alternate modes upon request at no additional charge; and ( 3 ) Ensuring usable customer support and technical support in the call centers and service centers which support their products at no additional charge. ( b ) Manufacturers and service providers shall include in general product information the contact method for obtaining the information required by paragraph (a) of this section. ( c ) In developing, or incorporating existing training programs, manufacturers and service providers, shall consider the following topics: ( 1 ) Accessibility requirements of individuals with disabilities; ( 2 ) Means of communicating with individuals with disabilities; ( 3 ) Commonly used adaptive technology used with the manufacturer's products; ( 4 ) Designing for accessibility; and ( 5 ) Solutions for accessibility and compatibility. [ 64 FR 63251 , Nov. 19, 1999, as amended at 72 FR 43558 , Aug. 6, 2007; 73 FR 21252 , Apr. 21, 2008] Subpart D—Enforcement § 6.15 Generally. ( a ) All manufacturers of telecommunications equipment or customer premises equipment and all providers of telecommunications services, as defined under this subpart are subject to the enforcement provisions specified in the Act and the rules in this chapter. ( b ) For purposes of §§ 6.15-6.16 , the term “manufacturers” shall denote manufacturers of telecommunications equipment or customer premises equipment and the term “providers” shall denote providers of telecommunications services. [ 83 FR 44842 , Sept. 4, 2018] § 6.16 Informal or formal complaints. Any person may file either a formal or informal complaint against a manufacturer or provider alleging violations of section 255 of the Act or this part subject to the enforcement requirements set forth in §§ 14.30 through 14.38 of this chapter . [ 83 FR 44842 , Sept. 4, 2018]
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PART 1—PRACTICE AND PROCEDURE Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note ; 47 U.S.C. 1754 , unless otherwise noted. Editorial Note Editorial Note: Nomenclature changes to part 1 appear at 63 FR 54077 , Oct. 8, 1998. Subpart A—General Rules of Practice and Procedure Source: 28 FR 12415 , Nov. 22, 1963, unless otherwise noted. General § 1.1 Proceedings before the Commission. The Commission may on its own motion or petition of any interested party hold such proceedings as it may deem necessary from time to time in connection with the investigation of any matter which it has power to investigate under the law, or for the purpose of obtaining information necessary or helpful in the determination of its policies, the carrying out of its duties or the formulation or amendment of its rules and regulations. For such purposes it may subpena witnesses and require the production of evidence. Procedures to be followed by the Commission shall, unless specifically prescribed in this part, be such as in the opinion of the Commission will best serve the purposes of such proceedings. (Sec. 403, 48 Stat. 1094; 47 U.S.C. 403 ) § 1.2 Declaratory rulings. ( a ) The Commission may, in accordance with section 5(d) of the Administrative Procedure Act, on motion or on its own motion issue a declaratory ruling terminating a controversy or removing uncertainty. ( b ) The bureau or office to which a petition for declaratory ruling has been submitted or assigned by the Commission should docket such a petition within an existing or current proceeding, depending on whether the issues raised within the petition substantially relate to an existing proceeding. The bureau or office then should seek comment on the petition via public notice. Unless otherwise specified by the bureau or office, the filing deadline for responsive pleadings to a docketed petition for declaratory ruling will be 30 days from the release date of the public notice, and the default filing deadline for any replies will be 15 days thereafter. [ 76 FR 24390 , May 2, 2011] § 1.3 Suspension, amendment, or waiver of rules. The provisions of this chapter may be suspended, revoked, amended, or waived for good cause shown, in whole or in part, at any time by the Commission, subject to the provisions of the Administrative Procedure Act and the provisions of this chapter. Any provision of the rules may be waived by the Commission on its own motion or on petition if good cause therefor is shown. Cross Reference: See subpart C of this part for practice and procedure involving rulemaking. § 1.4 Computation of time. ( a ) Purpose. The purpose of this rule section is to detail the method for computing the amount of time within which persons or entities must act in response to deadlines established by the Commission. It also applies to computation of time for seeking both reconsideration and judicial review of Commission decisions. In addition, this rule section prescribes the method for computing the amount of time within which the Commission must act in response to deadlines established by statute, a Commission rule, or Commission order. ( b ) General Rule—Computation of Beginning Date When Action is Initiated by Commission or Staff. Unless otherwise provided, the first day to be counted when a period of time begins with an action taken by the Commission, an Administrative Law Judge or by members of the Commission or its staff pursuant to delegated authority is the day after the day on which public notice of that action is given. See § 1.4(b) (1)-(5) of this section. Unless otherwise provided, all Rules measuring time from the date of the issuance of a Commission document entitled “Public Notice” shall be calculated in accordance with this section. See § 1.4(b)(4) of this section for a description of the “Public Notice” document. Unless otherwise provided in § 1.4 (g) and (h) of this section, it is immaterial whether the first day is a “holiday.” For purposes of this section, the term public notice means the date of any of the following events: See § 1.4(e)(1) of this section for definition of “holiday.” ( 1 ) For all documents in notice and comment and non-notice and comment rulemaking proceedings required by the Administrative Procedure Act, 5 U.S.C. 552 , 553 , to be published in the Federal Register, including summaries thereof, the date of publication in the Federal Register. Note to paragraph ( b )(1): Licensing and other adjudicatory decisions with respect to specific parties that may be associated with or contained in rulemaking documents are governed by the provisions of § 1.4(b)(2) . Example 1: A document in a Commission rule making proceeding is published in the Federal Register on Wednesday, May 6, 1987. Public notice commences on Wednesday, May 6, 1987. The first day to be counted in computing the beginning date of a period of time for action in response to the document is Thursday, May 7, 1987, the “day after the day” of public notice. Example 2: Section 1.429(e) provides that when a petition for reconsideration is timely filed in proper form, public notice of its filing is published in the Federal Register. Section 1.429(f) provides that oppositions to a petition for reconsideration shall be filed within 15 days after public notice of the petition's filing in the Federal Register. Public notice of the filing of a petition for reconsideration is published in the Federal Register on Wednesday, June 10, 1987. For purposes of computing the filing period for an opposition, the first day to be counted is Thursday, June 11, 1987, which is the day after the date of public notice. Therefore, oppositions to the reconsideration petition must be filed by Thursday, June 25, 1987, 15 days later. ( 2 ) For non-rulemaking documents released by the Commission or staff, including the Commission's section 271 determinations, 47 U.S.C. 271 , the release date. Example 3: The Chief, Mass Media Bureau, adopts an order on Thursday, April 2, 1987. The text of that order is not released to the public until Friday, April 3, 1987. Public notice of this decision is given on Friday, April 3, 1987. Saturday, April 4, 1987, is the first day to be counted in computing filing periods. ( 3 ) For rule makings of particular applicability, if the rule making document is to be published in the Federal Register and the Commission so states in its decision, the date of public notice will commence on the day of the Federal Register publication date. If the decision fails to specify Federal Register publication, the date of public notice will commence on the release date, even if the document is subsequently published in the Federal Register. See Declaratory Ruling, 51 FR 23059 (June 25, 1986). Example 4: An order establishing an investigation of a tariff, and designating issues to be resolved in the investigation, is released on Wednesday, April 1, 1987, and is published in the Federal Register on Friday, April 10, 1987. If the decision itself specifies Federal Register publication, the date of public notice is Friday, April 10, 1987. If this decision does not specify Federal Register publication, public notice occurs on Wednesday, April 1, 1987, and the first day to be counted in computing filing periods is Thursday, April 2, 1987. ( 4 ) If the full text of an action document is not to be released by the Commission, but a descriptive document entitled “Public Notice” describing the action is released, the date on which the descriptive “Public Notice” is released. Example 5: At a public meeting the Commission considers an uncontested application to transfer control of a broadcast station. The Commission grants the application and does not plan to issue a full text of its decision on the uncontested matter. Five days after the meeting, a descriptive “Public Notice” announcing the action is publicly released. The date of public notice commences on the day of the release date. Example 6: A Public Notice of petitions for rule making filed with the Commission is released on Wednesday, September 2, 1987; public notice of these petitions is given on September 2, 1987. The first day to be counted in computing filing times is Thursday, September 3, 1987. ( 5 ) If a document is neither published in the Federal Register nor released, and if a descriptive document entitled “Public Notice” is not released, the date appearing on the document sent (e.g., mailed, telegraphed, etc.) to persons affected by the action. Example 7: A Bureau grants a license to an applicant, or issues a waiver for non-conforming operation to an existing licensee, and no “Public Notice” announcing the action is released. The date of public notice commences on the day appearing on the license mailed to the applicant or appearing on the face of the letter granting the waiver mailed to the licensee. ( c ) General Rule—Computation of Beginning Date When Action is Initiated by Act, Event or Default. Commission procedures frequently require the computation of a period of time where the period begins with the occurrence of an act, event or default and terminates a specific number of days thereafter. Unless otherwise provided, the first day to be counted when a period of time begins with the occurrence of an act, event or default is the day after the day on which the act, event or default occurs. Example 8: Commission Rule § 21.39(d) requires the filing of an application requesting consent to involuntary assignment or control of the permit or license within thirty days after the occurrence of the death or legal disability of the licensee or permittee. If a licensee passes away on Sunday, March 1, 1987, the first day to be counted pursuant to § 1.4(c) is the day after the act or event. Therefore, Monday, March 2, 1987, is the first day of the thirty day period specified in § 21.39(d) . ( d ) General Rule—Computation of Terminal Date. Unless otherwise provided, when computing a period of time the last day of such period of time is included in the computation, and any action required must be taken on or before that day. Example 9: Paragraph 1.4(b)(1) of this section provides that “public notice” in a notice and comment rule making proceeding begins on the day of Federal Register publication. Paragraph 1.4(b) of this section provides that the first day to be counted in computing a terminal date is the “day after the day” on which public notice occurs. Therefore, if the commission allows or requires an action to be taken 20 days after public notice in the Federal Register, the first day to be counted is the day after the date of the Federal Register publication. Accordingly, if the Federal Register document is published on Thursday, July 23, 1987, public notice is given on Thursday, July 23, and the first day to be counted in computing a 20 day period is Friday, July 24, 1987. The 20th day or terminal date upon which action must be taken is Wednesday, August 12, 1987. ( e ) Definitions for purposes of this section: ( 1 ) The term holiday means Saturday, Sunday, officially recognized Federal legal holidays and any other day on which the Commission's Headquarters are closed and not reopened prior to 5:30 p.m., or on which a Commission office aside from Headquarters is closed (but, in that situation, the holiday will apply only to filings with that particular office). For example, a regularly scheduled Commission business day may become a holiday with respect to the entire Commission if Headquarters is closed prior to 5:30 p.m. due to adverse weather, emergency or other closing. Additionally, a regularly scheduled Commission business day may become a holiday with respect to a particular Commission office aside from Headquarters if that office is closed prior to 5:30 p.m. due to similar circumstances. Note to paragraph ( e )(1): As of August 1987, officially recognized Federal legal holidays are New Year's Day, January 1; Martin Luther King's Birthday, third Monday in January; Washington's Birthday, third Monday in February; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Columbus Day, second Monday in October; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25. If a legal holiday falls on Saturday or Sunday, the holiday is taken, respectively, on the preceding Friday or the following Monday. In addition, January 20, (Inauguration Day) following a Presidential election year is a legal holiday in the metropolitan Washington, DC area. If Inauguration Day falls on Sunday, the next succeeding day is a legal holiday. See 5 U.S.C. 6103 ; Executive Order No. 11582 , 36 FR 2957 (Feb. 11, 1971). The determination of a “holiday” will apply only to the specific Commission location(s) designated as on “holiday” on that particular day. ( 2 ) The term business day means all days, including days when the Commission opens later than the time specified in Rule § 0.403 , which are not “holidays” as defined above. ( 3 ) The term filing period means the number of days allowed or prescribed by statute, rule, order, notice or other Commission action for filing any document with the Commission. It does not include any additional days allowed for filing any document pursuant to paragraphs (g) , (h) and (j) of this section. ( 4 ) The term filing date means the date upon which a document must be filed after all computations of time authorized by this section have been made. ( f ) Except as provided in § 0.401(b) of this chapter , all petitions, pleadings, tariffs or other documents not required to be accompanied by a fee and which are hand-carried must be tendered for filing in complete form, as directed by the Commission's rules, with the Office of the Secretary before 4 p.m., at the address indicated in 47 CFR 0.401(a) . The Secretary will determine whether a tendered document meets the pre-7:00 p.m. deadline. Documents filed electronically pursuant to § 1.49(f) must be received by the Commission's electronic filing system before midnight. Applications, attachments and pleadings filed electronically in the Universal Licensing System (ULS) pursuant to § 1.939(b) must be received before midnight on the filing date. Media Bureau applications and reports filed electronically pursuant to § 73.3500 of this chapter must be received by the electronic filing system before midnight on the filing date. ( g ) Unless otherwise provided (e.g., §§ 1.773 and 76.1502(e)(1) of this chapter ), if the filing period is less than 7 days, intermediate holidays shall not be counted in determining the filing date. Example 10: A reply is required to be filed within 5 days after the filing of an opposition in a license application proceeding. The opposition is filed on Wednesday, June 10, 1987. The first day to be counted in computing the 5 day time period is Thursday, June 11, 1987. Saturday and Sunday are not counted because they are holidays. The document must be filed with the Commission on or before the following Wednesday, June 17, 1987. ( h ) If a document is required to be served upon other parties by statute or Commission regulation and the document is in fact served by mail (see § 1.47(f) ), and the filing period for a response is 10 days or less, an additional 3 days (excluding holidays) will be allowed to all parties in the proceeding for filing a response. This paragraph (h) shall not apply to documents filed pursuant to § 1.89 , § 1.315(b) or § 1.316 . For purposes of this paragraph (h) service by facsimile or by electronic means shall be deemed equivalent to hand delivery. Example 11: A reply to an opposition for a petition for reconsideration must be filed within 7 days after the opposition is filed. 47 CFR 1.106(h) . The rules require that the opposition be served on the person seeking reconsideration. 47 CFR 1.106(g) . If the opposition is served on the party seeking reconsideration by mail and the opposition is filed with the Commission on Monday, November 9, 1987, the first day to be counted is Tuesday, November 10, 1987 (the day after the day on which the event occurred, § 1.4(c) ), and the seventh day is Monday, November 16. An additional 3 days (excluding holidays) is then added at the end of the 7 day period, and the reply must be filed no later than Thursday, November 19, 1987. Example 12: Assume that oppositions to a petition in a particular proceeding are due 10 days after the petition is filed and must be served on the parties to the proceeding. If the petition is filed on October 28, 1993, the last day of the filing period for oppositions is Sunday, November 7. If service is made by mail, the opposition is due three days after November 7, or Wednesday, November 10. ( i ) If both paragraphs (g) and (h) of this section are applicable, make the paragraph (g) computation before the paragraph (h) computation. Example 13: Section 1.45(b) requires the filing of replies to oppositions within five days after the time for filing oppositions has expired. If an opposition has been filed on the last day of the filing period (Friday, July 10, 1987), and was served on the replying party by mail, § 1.4(i) of this section specifies that the paragraph (g) computation should be made before the paragraph (h) computation. Therefore, since the specified filing period is less than seven days, paragraph (g) is applied first. The first day of the filing period is Monday, July 13, 1987, and Friday, July 17, 1987 is the fifth day (the intervening weekend was not counted). Paragraph (h) is then applied to add three days for mailing (excluding holidays). That period begins on Monday, July 20, 1987. Therefore, Wednesday, July 22, 1987, is the date by which replies must be filed, since the intervening weekend is again not counted. ( j ) Unless otherwise provided (e.g. § 76.1502(e) of this chapter ) if, after making all the computations provided for in this section, the filing date falls on a holiday, the document shall be filed on the next business day. See paragraph (e)(1) of this section. If a rule or order of the Commission specifies that the Commission must act by a certain date and that date falls on a holiday, the Commission action must be taken by the next business day. Example 14: The filing date falls on Friday, December 25, 1987. The document is required to be filed on the next business day, which is Monday, December 28, 1987. ( k ) Where specific provisions of part 1 conflict with this section, those specific provisions of part 1 are controlling. See, e.g., §§ 1.45(d) , 1.773(a)(3) and 1.773(b)(2) . Additionally, where § 76.1502(e) of this chapter conflicts with this section, those specific provisions of § 76.1502 are controlling. See e.g. 47 CFR 76.1502(e) . ( l ) When Commission action is required by statute to be taken by a date that falls on a holiday, such action may be taken by the next business day (unless the statute provides otherwise). [ 52 FR 49159 , Dec. 30, 1987; 53 FR 44196 , Nov. 2, 1988, as amended at 56 FR 40567 , 40568 , Aug. 15, 1991; 58 FR 17529 , Apr. 5, 1993; 61 FR 11749 , Mar. 22, 1996; 62 FR 26238 , May 13, 1997; 63 FR 24124 , May 1, 1998; 64 FR 27201 , May 19, 1999; 64 FR 60725 , Nov. 8, 1999; 65 FR 46109 , July 27, 2000; 67 FR 13223 , Mar. 21, 2002; 71 FR 15618 , Mar. 29, 2006; 74 FR 68544 , Dec. 28, 2009; 76 FR 24390 , May 2, 2011; 76 FR 70908 , Nov. 16, 2011; 85 FR 39075 , June 30, 2020] § 1.5 Mailing address furnished by licensee. ( a ) Each licensee shall furnish the Commission with an address to be used by the Commission in serving documents or directing correspondence to that licensee. Unless any licensee advises the Commission to the contrary, the address contained in the licensee's most recent application will be used by the Commission for purposes of this paragraph (a) . For licensees in the Wireless Radio Services, each licensee shall also furnish the Commission with an email address to be used by Commission for serving documents or directing correspondence to that licensee; correspondence sent to such email address is deemed to have been served on the licensee. ( b ) The licensee is responsible for making any arrangements which may be necessary in his particular circumstances to assure that Commission documents or correspondence delivered to this address will promptly reach him or some person authorized by him to act in his behalf. [ 28 FR 12415 , Nov. 22, 1963, as amended at 85 FR 85527 , Dec. 29, 2020] § 1.6 Availability of station logs and records for Commission inspection. ( a ) Station records and logs shall be made available for inspection or duplication at the request of the Commission or its representative. Such logs or records may be removed from the licensee's possession by a Commission representative or, upon request, shall be mailed by the licensee to the Commission by either registered mail, return receipt requested, or certified mail, return receipt requested. The return receipt shall be retained by the licensee as part of the station records until such records or logs are returned to the licensee. A receipt shall be furnished when the logs or records are removed from the licensee's possession by a Commission representative and this receipt shall be retained by the licensee as part of the station records until such records or logs are returned to the licensee. When the Commission has no further need for such records or logs, they shall be returned to the licensee. The provisions of this rule shall apply solely to those station logs and records which are required to be maintained by the provisions of this chapter. ( b ) Where records or logs are maintained as the official records of a recognized law enforcement agency and the removal of the records from the possession of the law enforcement agency will hinder its law enforcement activities, such records will not be removed pursuant to this section if the chief of the law enforcement agency promptly certifies in writing to the Federal Communications Commission that removal of the logs or records will hinder law enforcement activities of the agency, stating insofar as feasible the basis for his decision and the date when it can reasonably be expected that such records will be released to the Federal Communications Commission. § 1.7 Documents are filed upon receipt. Unless otherwise provided in this Title, by Public Notice, or by decision of the Commission or of the Commission's staff acting on delegated authority, pleadings and other documents are considered to be filed with the Commission upon their receipt at the location designated by the Commission. [ 60 FR 16055 , Mar. 29, 1995] § 1.8 Withdrawal of papers. The granting of a request to dismiss or withdraw an application or a pleading does not authorize the removal of such application or pleading from the Commission's records. § 1.10 Transcript of testimony; copies of documents submitted. In any matter pending before the Commission, any person submitting data or evidence, whether acting under compulsion or voluntarily, shall have the right to retain a copy thereof, or to procure a copy of any document submitted by him, or of any transcript made of his testimony, upon payment of the charges therefor to the person furnishing the same, which person may be designated by the Commission. The Commission itself shall not be responsible for furnishing the copies. [ 29 FR 14406 , Oct. 20, 1964] § 1.12 Notice to attorneys of Commission documents. In any matter pending before the Commission in which an attorney has appeared for, submitted a document on behalf of or been otherwise designated by a person, any notice or other written communication pertaining to that matter issued by the Commission and which is required or permitted to be furnished to the person will be communicated to the attorney, or to one of such attorneys if more than one is designated. If direct communication with the party is appropriate, a copy of such communication will be mailed to the attorney; or for matters involving Wireless Radio Services, emailed to the attorney instead of mailed. [ 85 FR 85527 , Dec. 29, 2020] § 1.13 Filing of petitions for review and notices of appeals of Commission orders. ( a ) Petitions for review involving a judicial lottery pursuant to 28 U.S.C. 2112(a) . ( 1 ) This paragraph pertains to each party filing a petition for review in any United States court of appeals of a Commission Order pursuant to 47 U.S.C. 402(a) and 28 U.S.C. 2342(1) , that wishes to avail itself of procedures established for selection of a court in the case of multiple petitions for review of the same Commission action, pursuant to 28 U.S.C. 2112(a) . Each such party shall, within ten days after the issuance of that order, serve on the Office of General Counsel, by email to the address LitigationNotice@fcc.gov , a copy of its petition for review as filed and date-stamped by the court of appeals within which it was filed. Such copies of petitions for review must be received by the Office of General Counsel by 5:30 p.m. Eastern Time on the tenth day of the filing period. A return email from the Office of General Counsel acknowledging receipt of the petition for review will constitute proof of filing. Upon receipt of any copies of petitions for review according to these procedures, the Commission shall follow the procedures established in section 28 U.S.C. 2112(a) to determine the court in which to file the record in that case. ( 2 ) If a party wishes to avail itself of procedures established for selection of a court in the case of multiple petitions for review of the same Commission action, pursuant to 28 U.S.C. 2112(a) , but is unable to use email to effect service as described in paragraph (a)(1) of this section, it shall instead, within ten days after the issuance of the order on appeal, serve a copy of its petition for review in person on the General Counsel in the Office of General Counsel, located at the FCC's main office address indicated in 47 CFR 0.401(a) . Only parties not represented by counsel may use this method. Such parties must telephone the Litigation Division of the Office of General Counsel beforehand to make arrangements at 202-418-1740. Parties are advised to call at least one day before service must be effected. ( 3 ) Computation of time of the ten-day period for filing copies of petitions for review of a Commission order shall be governed by Rule 26 of the Federal Rules of Appellate Procedure. The date of issuance of a Commission order for purposes of filing copies of petitions for review shall be the date of public notice as defined in § 1.4(b) of the Commission's Rules, 47 CFR 1.4(b) . ( b ) Notices of appeal pursuant to 47 U.S.C. 402(b) . Copies of notices of appeals filed pursuant to 47 U.S.C. 402(b) shall be served upon the General Counsel. The FCC consents to—and encourages—service of such notices by email to the address LitigationNotice@fcc.gov . Note: For administrative efficiency, the Commission requests that any petitioner seeking judicial review of Commission actions pursuant to 47 U.S.C. 402(a) serve a copy of its petition on the General Counsel regardless of whether it wishes to avail itself of the procedures for multiple appeals set forth in 47 U.S.C. 2112(a) . Parties are encouraged to serve such notice by email to the address LitigationNotice@fcc.gov . [ 81 FR 40821 , June 23, 2016, as amended at 85 FR 64405 , Oct. 13, 2020] § 1.14 Citation of Commission documents. The appropriate reference to the FCC Record shall be included as part of the citation to any document that has been printed in the Record. The citation should provide the volume, page number and year, in that order (e.g., 1 FCC Rcd. 1 (1986). Older documents may continue to be cited to the FCC Reports, first or second series, if they were printed in the Reports (e.g., 1 FCC 2d 1 (1965)). [ 51 FR 45890 , Dec. 23, 1986] § 1.16 Unsworn declarations under penalty of perjury in lieu of affidavits. Any document to be filed with the Federal Communications Commission and which is required by any law, rule or other regulation of the United States to be supported, evidenced, established or proved by a written sworn declaration, verification, certificate, statement, oath or affidavit by the person making the same, may be supported, evidenced, established or proved by the unsworn declaration, certification, verification, or statement in writing of such person, except that, such declaration shall not be used in connection with: (a) A deposition, (b) an oath of office, or (c) an oath required to be taken before a specified official other than a notary public. Such declaration shall be subscribed by the declarant as true under penalty of perjury, and dated, in substantially the following form: ( 1 ) If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)”. ( 2 ) If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)”. [ 48 FR 8074 , Feb. 25, 1983] § 1.17 Truthful and accurate statements to the Commission. ( a ) In any investigatory or adjudicatory matter within the Commission's jurisdiction (including, but not limited to, any informal adjudication or informal investigation but excluding any declaratory ruling proceeding) and in any proceeding to amend the FM or Television Table of Allotments (with respect to expressions of interest) or any tariff proceeding, no person subject to this rule shall; ( 1 ) In any written or oral statement of fact, intentionally provide material factual information that is incorrect or intentionally omit material information that is necessary to prevent any material factual statement that is made from being incorrect or misleading; and ( 2 ) In any written statement of fact, provide material factual information that is incorrect or omit material information that is necessary to prevent any material factual statement that is made from being incorrect or misleading without a reasonable basis for believing that any such material factual statement is correct and not misleading. ( b ) For purpose of paragraph (a) of this section, “persons subject to this rule” shall mean the following: ( 1 ) Any applicant for any Commission authorization; ( 2 ) Any holder of any Commission authorization, whether by application or by blanket authorization or other rule; ( 3 ) Any person performing without Commission authorization an activity that requires Commission authorization; ( 4 ) Any person that has received a citation or a letter of inquiry from the Commission or its staff, or is otherwise the subject of a Commission or staff investigation, including an informal investigation; ( 5 ) In a proceeding to amend the FM or Television Table of Allotments, any person filing an expression of interest; and ( 6 ) To the extent not already covered in this paragraph (b) , any cable operator or common carrier. [ 68 FR 15098 , Mar. 28, 2003] § 1.18 Administrative Dispute Resolution. ( a ) The Commission has adopted an initial policy statement that supports and encourages the use of alternative dispute resolution procedures in its administrative proceedings and proceedings in which the Commission is a party, including the use of regulatory negotiation in Commission rulemaking matters, as authorized under the Administrative Dispute Resolution Act and Negotiated Rulemaking Act. ( b ) In accordance with the Commission's policy to encourage the fullest possible use of alternative dispute resolution procedures in its administrative proceedings, procedures contained in the Administrative Dispute Resolution Act, including the provisions dealing with confidentiality, shall also be applied in Commission alternative dispute resolution proceedings in which the Commission itself is not a party to the dispute. [ 56 FR 51178 , Oct. 10, 1991, as amended at 57 FR 32181 , July 21, 1992] § 1.19 Use of metric units required. Where parenthesized English units accompany metric units throughout this chapter, and the two figures are not precisely equivalent, the metric unit shall be considered the sole requirement; except, however, that the use of metric paper sizes is not currently required, and compliance with the English unit shall be considered sufficient when the Commission form requests that data showing compliance with that particular standard be submitted in English units. [ 58 FR 44893 , Aug. 25, 1993] Parties, Practitioners, and Witnesses § 1.21 Parties. ( a ) Any party may appear before the Commission and be heard in person or by attorney. ( b ) The appropriate Bureau Chief(s) of the Commission shall be deemed to be a party to every adjudicatory proceeding (as defined in the Administrative Procedure Act) without the necessity of being so named in the order designating the proceeding for hearing. ( c ) When, in any proceeding, a pleading is filed on behalf of either the General Counsel or the Chief Engineer, he shall thereafter be deemed a party to the proceeding. ( d ) Except as otherwise expressly provided in this chapter, a duly authorized corporate officer or employee may act for the corporation in any matter which has not been designated for hearing and, in the discretion of the presiding officer, may appear and be heard on behalf of the corporation in a hearing proceeding. [ 28 FR 12415 , Nov. 22, 1963, as amended at 37 FR 8527 , Apr. 28, 1972; 44 FR 39180 , July 5, 1979; 51 FR 12616 , Apr. 14, 1986; 85 FR 63172 , Oct. 6, 2020] § 1.22 Authority for representation. Any person, in a representative capacity, transacting business with the Commission, may be required to show his authority to act in such capacity. § 1.23 Persons who may be admitted to practice. ( a ) Any person who is a member in good standing of the bar of the Supreme Court of the United States or of the highest court of any state, territory or the District of Columbia, and who is not under any final order of any authority having power to suspend or disbar an attorney in the practice of law within any state, territory or the District of Columbia that suspends, enjoins, restrains, disbars, or otherwise restricts him or her in the practice of law, may represent others before the Commission. ( b ) When such member of the bar acting in a representative capacity appears in person or signs a paper in practice before the Commission, his personal appearance or signature shall constitute a representation to the Commission that, under the provisions of this chapter and the law, he is authorized and qualified to represent the particular party in whose behalf he acts. Further proof of authority to act in a representative capacity may be required. [ 28 FR 12415 , Nov. 22, 1963, as amended at 57 FR 38285 , Aug. 24, 1992] § 1.24 Censure, suspension, or disbarment of attorneys. ( a ) The Commission may censure, suspend, or disbar any person who has practiced, is practicing or holding himself out as entitled to practice before it if it finds that such person: ( 1 ) Does not possess the qualifications required by § 1.23 ; ( 2 ) Has failed to conform to standards of ethical conduct required of practitioners at the bar of any court of which he is a member; ( 3 ) Is lacking in character or professional integrity; and/or ( 4 ) Displays toward the Commission or any of its hearing officers conduct which, if displayed toward any court of the United States or any of its Territories or the District of Columbia, would be cause for censure, suspension, or disbarment. ( b ) Except as provided in paragraph (c) of this section, before any member of the bar of the Commission shall be censured, suspended, or disbarred, charges shall be preferred by the Commission against such practitioner, and he or she shall be afforded an opportunity to be heard thereon. ( c ) Upon receipt of official notice from any authority having power to suspend or disbar an attorney in the practice of law within any state, territory, or the District of Columbia which demonstrates that an attorney practicing before the Commission is subject to an order of final suspension (not merely temporary suspension pending further action) or disbarment by such authority, the Commission may, without any preliminary hearing, enter an order temporarily suspending the attorney from practice before it pending final disposition of a disciplinary proceeding brought pursuant to § 1.24(a)(2) , which shall afford such attorney an opportunity to be heard and directing the attorney to show cause within thirty days from the date of said order why identical discipline should not be imposed against such attorney by the Commission. ( d ) Allegations of attorney misconduct in Commission proceedings shall be referred under seal to the Office of General Counsel. Pending action by the General Counsel, the decision maker may proceed with the merits of the matter but in its decision may make findings concerning the attorney's conduct only if necessary to resolve questions concerning an applicant and may not reach any conclusions regarding the ethical ramifications of the attorney's conduct. The General Counsel will determine if the allegations are substantial, and, if so, shall immediately notify the attorney and direct him or her to respond to the allegations. No notice will be provided to other parties to the proceeding. The General Counsel will then determine what further measures are necessary to protect the integrity of the Commission's administrative process, including but not limited to one or more of the following: ( 1 ) Recommending to the Commission the institution of a proceeding under paragraph (a) of this section; ( 2 ) Referring the matter to the appropriate State, territorial, or District of Columbia bar; or ( 3 ) Consulting with the Department of Justice. [ 28 FR 12415 , Nov. 22, 1963, as amended at 57 FR 38285 , Aug. 24, 1992; 60 FR 53277 , Oct. 13, 1995] § 1.25 [Reserved] § 1.26 Appearances. Rules relating to appearances are set forth in §§ 1.87 , 1.91 , 1.221 , and 1.703 . § 1.27 Witnesses; right to counsel. Any individual compelled to appear in person in any Commission proceeding may be accompanied, represented, and advised by counsel as provided in this section. (Regulations as to persons seeking voluntarily to appear and give evidence are set forth in § 1.225 .) ( a ) Counsel may advise his client in confidence, either upon his own initiative or that of the witness, before, during, and after the conclusion of the proceeding. ( b ) Counsel for the witness will be permitted to make objections on the record, and to state briefly the basis for such objections, in connection with any examination of his client. ( c ) At the conclusion of the examination of his client, counsel may ask clarifying questions if in the judgment of the presiding officer such questioning is necessary or desirable in order to avoid ambiguity or incompleteness in the responses previously given. ( d ) Except as provided by paragraph (c) of this section, counsel for the witness may not examine or cross-examine any witness, or offer documentary evidence, unless authorized by the Commission to do so. ( 5 U.S.C. 555 ) [ 29 FR 12775 , Sept. 10, 1964] §§ 1.28-1.29 [Reserved] Pleadings, Briefs, and Other Papers § 1.41 Informal requests for Commission action. Except where formal procedures are required under the provisions of this chapter, requests for action may be submitted informally. Requests should set forth clearly and concisely the facts relied upon, the relief sought, the statutory and/or regulatory provisions (if any) pursuant to which the request is filed and under which relief is sought, and the interest of the person submitting the request. In application and licensing matters pertaining to the Wireless Radio Services, as defined in § 1.904 , such requests must be submitted electronically, via the ULS, and the request must include an email address for receiving electronic service. See § 1.47(d) . [ 85 FR 85528 , Dec. 29, 2020] § 1.42 Applications, reports, complaints; cross-reference. ( a ) Rules governing applications and reports are contained in subparts D , E , and F of this part . ( b ) Special rules governing complaints against common carriers arising under the Communications Act are set forth in subpart E of this part . ( c ) Rules governing the FCC Registration Number (FRN) are contained in subpart W of this part . [ 28 FR 12415 , Nov. 22, 1963, as amended at 66 FR 47895 , Sept. 14, 2001] § 1.43 Requests for stay; cross-reference. General rules relating to requests for stay of any order or decision are set forth in §§ 1.41 , 1.44(e) , 1.45 (d) and (e) , and 1.298(a) . See also §§ 1.102 , 1.106(n) , and 1.115(h) . § 1.44 Separate pleadings for different requests. ( a ) Requests requiring action by the Commission shall not be combined in a pleading with requests for action by an administrative law judge or by any person or persons acting pursuant to delegated authority. ( b ) Requests requiring action by an administrative law judge shall not be combined in a pleading with requests for action by the Commission or by any person or persons acting pursuant to delegated authority. ( c ) Requests requiring action by any person or persons pursuant to delegated authority shall not be combined in a pleading with requests for action by any other person or persons acting pursuant to delegated authority. ( d ) Pleadings which combine requests in a manner prohibited by paragraph (a) , (b) , or (c) of this section may be returned without consideration to the person who filed the pleading. ( e ) Any request to stay the effectiveness of any decision or order of the Commission shall be filed as a separate pleading. Any such request which is not filed as a separate pleading will not be considered by the Commission. Note: Matters which are acted on pursuant to delegated authority are set forth in subpart B of part 0 of this chapter . Matters acted on by the hearing examiner are set forth in § 0.341 . § 1.45 Pleadings; filing periods. Except as otherwise provided in this chapter, pleadings in Commission proceedings shall be filed in accordance with the provisions of this section. Pleadings associated with licenses, applications, waivers, and other documents in the Wireless Radio Services must be filed via the ULS, and persons other than applicants or licensees filing pleadings in ULS must provide an email address to receive electronic service. See § 1.47(d) . ( a ) Petitions. Petitions to deny may be filed pursuant to § 1.939 of this part . ( b ) Oppositions. Oppositions to any motion, petition, or request may be filed within 10 days after the original pleading is filed. ( c ) Replies. The person who filed the original pleading may reply to oppositions within 5 days after the time for filing oppositions has expired. The reply shall be limited to matters raised in the oppositions, and the response to all such matters shall be set forth in a single pleading; separate replies to individual oppositions shall not be filed. ( d ) Requests for temporary relief; shorter filing periods. Oppositions to a request for stay of any order or to a request for other temporary relief shall be filed within 7 days after the request is filed. Replies to oppositions should not be filed and will not be considered. The provisions of § 1.4(h) shall not apply in computing the filing date for oppositions to a request for stay or for other temporary relief. ( e ) Ex parte disposition of certain pleadings. As a matter of discretion, the Commission may rule ex parte upon requests for continuances and extensions of time, requests for permission to file pleadings in excess of the length prescribed in this chapter, and requests for temporary relief, without waiting for the filing of oppositions or replies. Note: Where specific provisions contained in part 1 conflict with this section, those specific provisions are controlling. See, in particular, §§ 1.294(c) , 1.298(a) , and 1.773 . [ 28 FR 12415 , Nov. 22, 1963, as amended at 33 FR 7153 , May 15, 1968; 45 FR 64190 , Sept. 29, 1980; 54 FR 31032 , July 26, 1989; 54 FR 37682 , Sept. 12, 1989; 63 FR 68919 , Dec. 14, 1998; 85 FR 85528 , Dec. 29, 2020] § 1.46 Motions for extension of time. ( a ) It is the policy of the Commission that extensions of time shall not be routinely granted. ( b ) Motions for extension of time in which to file responses to petitions for rulemaking, replies to such responses, comments filed in response to notice of proposed rulemaking, replies to such comments and other filings in rulemaking proceedings conducted under Subpart C of this part shall be filed at least 7 days before the filing date. If a timely motion is denied, the responses and comments, replies thereto, or other filings need not be filed until 2 business days after the Commission acts on the motion. In emergency situations, the Commission will consider a late-filed motion for a brief extension of time related to the duration of the emergency and will consider motions for acceptance of comments, reply comments or other filings made after the filing date. ( c ) If a motion for extension of time in which to make filings in proceedings other than notice and comment rule making proceedings is filed less than 7 days prior to the filing day, the party filing the motion shall (in addition to serving the motion on other parties) orally notify other parties and Commission staff personnel responsible for acting on the motion that the motion has been (or is being) filed. [ 39 FR 43301 , Dec. 12, 1974, as amended at 41 FR 9550 , Mar. 5, 1976; 41 FR 14871 , Apr. 8, 1976; 42 FR 28887 , June 6, 1977; 63 FR 24124 , May 1, 1998] § 1.47 Service of documents and proof of service. ( a ) Where the Commission or any person is required by statute or by the provisions of this chapter to serve any document upon any person, service shall (in the absence of specific provisions in this chapter to the contrary) be made in accordance with the provisions of this section. Documents that are required to be served by the Commission in agency proceedings ( i.e., not in the context of judicial proceedings, Congressional investigations, or other proceedings outside the Commission) may be served in electronic form. Documents associated with licenses, applications, waivers, and other requests in the Wireless Radio Services that are required to be served by the Commission in agency proceedings must be served in electronic form. In proceedings involving a large number of parties, and unless otherwise provided by statute, the Commission may satisfy its service obligation by issuing a public notice that identifies the documents required to be served and that explains how parties can obtain copies of the documents. Note to paragraph ( a ): Paragraph (a) of this section grants staff the authority to decide upon the appropriate format for electronic notification in a particular proceeding, consistent with any applicable statutory requirements. The Commission expects that service by public notice will be used only in proceedings with 20 or more parties. ( b ) Where any person is required to serve any document filed with the Commission, service shall be made by that person or by his representative on or before the day on which the document is filed. ( c ) Commission counsel who formally participate in any proceeding shall be served in the same manner as other persons who participate in that proceeding. The filing of a document with the Commission does not constitute service upon Commission counsel. ( d ) Except in formal complaint proceedings against common carriers under §§ 1.720 through 1.740 and proceedings related to the Wireless Radio Services under subpart F of this part , documents may be served upon a party, his attorney, or other duly constituted agent by delivering a copy or by mailing a copy to the last known address. Documents that are required to be served must be served in paper form, even if documents are filed in electronic form with the Commission, unless the party to be served agrees to accept service in some other form. Petitions, pleadings, and other documents associated with licensing matters in the Wireless Radio Services must be served electronically upon a party, his attorney, or other duly constituted agent by delivering a copy by email to the email address listed in the Universal Licensing System (ULS). If a filer is not an applicant or licensee, the document must include an email address for receiving electronic service. ( e ) Delivery of a copy pursuant to this section means handing it to the party, his attorney, or other duly constituted agent; or leaving it with the clerk or other person in charge of the office of the person being served; or, if there is no one in charge of such office, leaving it in a conspicuous place therein; or, if such office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. For pleadings, petitions, and other documents associated with licensing matters in the Wireless Radio Services, delivery of a copy pursuant to this section is complete by sending it by email to the email addresses listed in the ULS, or to the email address of the applicant's or licensee's attorney provided in a pleading or other document served on the filer. ( f ) Service by mail is complete upon mailing. Service by email is complete upon sending to the email address listed in the ULS for a particular license, application, or filing. ( g ) Proof of service, as provided in this section, shall be filed before action is taken. The proof of service shall show the time and manner of service, and may be by written acknowledgement of service, by certificate of the person effecting the service, or by other proof satisfactory to the Commission. Failure to make proof of service will not affect the validity of the service. The Commission may allow the proof to be amended or supplied at any time, unless to do so would result in material prejudice to a party. Proof of electronic service shall show the email address of the person making the service, in addition to that person's residence or business address; the date and time of the electronic service; the name and email address of the person served; and that the document was served electronically. ( h ) Every common carrier and interconnected VoIP provider, as defined in § 54.5 of this chapter , and non-interconnected VoIP provider, as defined in § 64.601(a)(15) of this chapter and with interstate end-user revenues that are subject to contribution to the Telecommunications Relay Service Fund, that is subject to the Communications Act of 1934, as amended, shall designate an agent in the District of Columbia, and may designate additional agents if it so chooses, upon whom service of all notices, process, orders, decisions, and requirements of the Commission may be made for and on behalf of such carrier, interconnected VoIP provider, or non-interconnected VoIP provider in any proceeding before the Commission. Every international section 214 authorization holder must also designate an agent in the District of Columbia who is a U.S. citizen or lawful U.S. permanent resident pursuant to § 63.18(q)(1)(iii) of this chapter . Such designation shall include, for the carrier, interconnected VoIP provider, or non-interconnected VoIP provider and its designated agents, a name, business address, telephone or voicemail number, facsimile number, and, if available, internet email address. Such carrier, interconnected VoIP provider, or non-interconnected VoIP provider shall additionally list any other names by which it is known or under which it does business, and, if the carrier, interconnected VoIP provider, or non-interconnected VoIP provider is an affiliated company, the parent, holding, or management company. Within thirty (30) days of the commencement of provision of service, such carrier, interconnected VoIP provider, or non-interconnected VoIP provider shall file such information with the Chief of the Enforcement Bureau's Market Disputes Resolution Division. Such carriers, interconnected VoIP providers, and non-interconnected VoIP providers may file a hard copy of the relevant portion of the Telecommunications Reporting Worksheet, as delineated by the Commission in the Federal Register , to satisfy the requirement in the preceding sentence. Each Telecommunications Reporting Worksheet filed annually by a common carrier, interconnected VoIP provider, or non-interconnected VoIP provider must contain a name, business address, telephone or voicemail number, facsimile number, and, if available, internet email address for its designated agents, regardless of whether such information has been revised since the previous filing. Carriers, interconnected VoIP providers, and non-interconnected VoIP providers must notify the Commission within one week of any changes in their designation information by filing revised portions of the Telecommunications Reporting Worksheet with the Chief of the Enforcement Bureau's Market Disputes Resolution Division. A paper copy of this designation list shall be maintained in the Office of the Secretary of the Commission. Service of any notice, process, orders, decisions or requirements of the Commission may be made upon such carrier, interconnected VoIP provider, or non-interconnected VoIP provider by leaving a copy thereof with such designated agent at his office or usual place of residence. If such carrier, interconnected VoIP provider, or non-interconnected VoIP provider fails to designate such an agent, service of any notice or other process in any proceeding before the Commission, or of any order, decision, or requirement of the Commission, may be made by posting such notice, process, order, requirement, or decision in the Office of the Secretary of the Commission. [ 28 FR 12415 , Nov. 22, 1963, as amended at 40 FR 55644 , Dec. 1, 1975; 53 FR 11852 , Apr. 11, 1988; 63 FR 1035 , Jan. 7, 1998; 63 FR 24124 , May 1, 1998; 64 FR 41330 , July 30, 1999; 64 FR 60725 , Nov. 8, 1999; 71 FR 38796 , July 10, 2006; 76 FR 24390 , May 2, 2011; 76 FR 65969 , Oct. 25, 2011; 83 FR 44831 , Sept. 4, 2018; 85 FR 76381 , Nov. 27, 2020; 85 FR 85528 , Dec. 29, 2020] § 1.48 Length of pleadings. ( a ) Affidavits, statements, tables of contents and summaries of filings, and other materials which are submitted with and factually support a pleading are not counted in determining the length of the pleading. If other materials are submitted with a pleading, they will be counted in determining its length; and if the length of the pleadings, as so computed, is greater than permitted by the provisions of this chapter, the pleading will be returned without consideration. ( b ) It is the policy of the Commission that requests for permission to file pleadings in excess of the length prescribed by the provisions of this chapter shall not be routinely granted. Where the filing period is 10 days or less, the request shall be made within 2 business days after the period begins to run. Where the period is more than 10 days, the request shall be filed at least 10 days before the filing date. (See § 1.4 .) If a timely request is made, the pleading need not be filed earlier than 2 business days after the Commission acts upon the request. [ 41 FR 14871 , Apr. 8, 1976, and 49 FR 40169 , Oct. 15, 1984] § 1.49 Specifications as to pleadings and documents. ( a ) All pleadings and documents filed in paper form in any Commission proceeding shall be typewritten or prepared by mechanical processing methods, and shall be filed electronically or on paper with dimensions of A4 (21 cm. x 29.7 cm.) or on 8 1 ⁄ 2 x 11 inch (21.6 cm. x 27.9 cm.) with the margins set so that the printed material does not exceed 6 1 ⁄ 2 x 9 1 ⁄ 2 inches (16.5 cm. x 24.1 cm.). The printed material may be in any typeface of at least 12-point (0.42333 cm. or 12 ⁄ 72 ″) in height. The body of the text must be double spaced with a minimum distance of 7 ⁄ 32 of an inch (0.5556 cm.) between each line of text. Footnotes and long, indented quotations may be single spaced, but must be in type that is 12-point or larger in height, with at least 1 ⁄ 16 of an inch (0.158 cm.) between each line of text. Counsel are cautioned against employing extended single spaced passages or excessive footnotes to evade prescribed pleading lengths. If single-spaced passages or footnotes are used in this manner the pleading will, at the discretion of the Commission, either be rejected as unacceptable for filing or dismissed with leave to be refiled in proper form. Pleadings may be printed on both sides of the paper. Pleadings that use only one side of the paper shall be stapled, or otherwise bound, in the upper left-hand corner; those using both sides of the paper shall be stapled twice, or otherwise bound, along the left-hand margin so that it opens like a book. The foregoing shall not apply to printed briefs specifically requested by the Commission, official publications, charted or maps, original documents (or admissible copies thereof) offered as exhibits, specially prepared exhibits, or if otherwise specifically provided. All copies shall be clearly legible. ( b ) Except as provided in paragraph (d) of this section, all pleadings and documents filed with the Commission, the length of which as computed under this chapter exceeds ten pages, shall include, as part of the pleading or document, a table of contents with page references. ( c ) Except as provided in paragraph (d) of this section, all pleadings and documents filed with the Commission, the length of which filings as computed under this chapter exceeds ten pages, shall include, as part of the pleading or document, a summary of the filing, suitably paragraphed, which should be a succinct, but accurate and clear condensation of the substance of the filing. It should not be a mere repetition of the headings under which the filing is arranged. For pleadings and documents exceeding ten but not twenty-five pages in length, the summary should seldom exceed one and never two pages; for pleadings and documents exceeding twenty-five pages in length, the summary should seldom exceed two and never five pages. ( d ) The requirements of paragraphs (b) and (c) of this section shall not apply to: ( 1 ) Interrogatories or answers to interrogatories, and depositions; ( 2 ) FCC forms or applications; ( 3 ) Transcripts; ( 4 ) Contracts and reports; ( 5 ) Letters; or ( 6 ) Hearing exhibits, and exhibits or appendicies accompanying any document or pleading submitted to the Commission. ( e ) Petitions, pleadings, and other documents associated with licensing matters in the Wireless Radio Services must be filed electronically in ULS. See § 22.6 of this chapter for specifications. ( f ) ( 1 ) In the following types of proceedings, all pleadings, including permissible ex parte submissions, notices of ex parte presentations, comments, reply comments, and petitions for reconsideration and replies thereto, must be filed in electronic format: ( i ) Formal complaint proceedings under section 208 of the Act and rules in §§ 1.720 through 1.740 , and pole attachment complaint proceedings under section 224 of the Act and rules in §§ 1.1401 through 1.1415 ; ( ii ) Proceedings, other than rulemaking proceedings, relating to customer proprietary network information (CPNI); ( iii ) Proceedings relating to cable special relief petitions; ( iv ) Proceedings involving Over-the-Air Reception Devices; ( v ) Common carrier certifications under § 54.314 of this chapter ; ( vi ) Domestic Section 214 transfer-of-control applications pursuant to §§ 63.52 and 63.53 of this chapter ; ( vii ) Domestic section 214 discontinuance applications pursuant to § 63.63 and/or § 63.71 of this chapter ; ( viii ) Notices of network change and associated certifications pursuant to § 51.325 et seq. of this chapter; and ( ix ) Hearing proceedings under §§ 1.201 through 1.377 . ( 2 ) Unless required under paragraph (f)(1) of this section, in the following types of proceedings, all pleadings, including permissible ex parte submissions, notices of ex parte presentations, comments, reply comments, and petitions for reconsideration and replies thereto, may be filed in electronic format: ( i ) General rulemaking proceedings other than broadcast allotment proceedings; ( ii ) Notice of inquiry proceedings; ( iii ) Petition for rulemaking proceedings (except broadcast allotment proceedings); ( iv ) Petition for forbearance proceedings; and ( v ) Filings responsive to domestic section 214 transfers under § 63.03 of this chapter , section 214 discontinuances under § 63.71 of this chapter , and notices of network change under § 51.325 et seq. of this chapter. ( 3 ) To further greater reliance on electronic filing wherever possible, the Bureaus and Offices, in coordination with the Managing Director, may provide to the public capabilities for electronic filing of additional types of pleadings notwithstanding any provisions of this chapter that may otherwise be construed as requiring such filings to be submitted on paper. ( 4 ) For purposes of compliance with any prescribed pleading lengths, the length of any document filed in electronic form shall be equal to the length of the document if printed out and formatted according to the specifications of paragraph (a) of this section, or shall be no more than 250 words per page. Note to § 1.49 : The table of contents and the summary pages shall not be included in complying with any page limitation requirements as set forth by Commission rule. [ 40 FR 19198 , May 2, 1975, as amended at 47 FR 26393 , June 18, 1982; 51 FR 16322 , May 2, 1986; 54 FR 31032 , July 26, 1989; 58 FR 44893 , Aug. 25, 1993; 59 FR 37721 , July 25, 1994; 63 FR 24125 , May 1, 1998; 63 FR 68920 , Dec. 14, 1998; 74 FR 39227 , Aug. 6, 2009; 76 FR 24390 , May 2, 2011; 80 FR 1587 , Jan. 13, 2015; 80 FR 19847 , Apr. 13, 2015; 83 FR 2556 , Jan. 18, 2018; 83 FR 7922 , Feb. 22, 2018; 83 FR 44831 , Sept. 4, 2018; 85 FR 63172 , Oct. 6, 2020; 85 FR 85528 , Dec. 29, 2020] § 1.50 Specifications as to briefs. The Commission's preference is for briefs that are either typewritten, prepared by other mechanical processing methods, or, in the case of matters in the Wireless Radio Services, composed electronically and sent via ULS. Printed briefs will be accepted only if specifically requested by the Commission. Typewritten, mechanically produced, or electronically transmitted briefs must conform to all of the applicable specifications for pleadings and documents set forth in § 1.49 . [ 63 FR 68920 , Dec. 14, 1998] § 1.51 Number of copies of pleadings, briefs, and other papers. ( a ) In hearing proceedings, all pleadings, letters, documents, or other written submissions, shall be filed using the Commission's Electronic Comment Filing System, excluding confidential material as set forth in § 1.314 of these rules. Each written submission that includes confidential material shall be filed as directed by the Commission, along with an additional courtesy copy transmitted to the presiding officer. ( b ) In rulemaking proceedings which have not been designated for hearing, see § 1.419 . ( c ) In matters other than rulemaking and hearing cases, unless otherwise specified by Commission rules, an original and one copy shall be filed. If the matter relates to part 22 of the rules, see § 22.6 of this chapter . ( d ) Where statute or regulation provides for service by the Commission of papers filed with the Commission, an additional copy of such papers shall be filed for each person to be served. ( e ) The parties to any proceeding may, on notice, be required to file additional copies of any or all filings made in that proceeding. ( f ) For application and licensing matters involving the Wireless Radio Services, pleadings, briefs or other documents must be filed electronically in ULS. ( g ) Participants that file pleadings, briefs or other documents electronically in ULS need only submit one copy, so long as the submission conforms to any procedural or filing requirements established for formal electronic comments. ( See § 1.49 ) ( h ) Pleadings, briefs or other documents filed electronically in ULS by a party represented by an attorney shall include the name, street address, email address, and telephone number of at least one attorney of record. Parties not represented by an attorney that files electronically in ULS shall provide their name, street address, email address, and telephone number. [ 76 FR 24391 , May 2, 2011, as amended at 83 FR 2556 , Jan. 18, 2018; 85 FR 63172 , Oct. 6, 2020; 85 FR 85528 , Dec. 29, 2020] § 1.52 Subscription and verification. The original of all petitions, motions, pleadings, briefs, and other documents filed by any party represented by counsel shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign and verify the document and state his address. Pleadings, petitions, and other documents related to licensing matters in the Wireless Radio Services shall be signed by at least one attorney of record in his individual name or by the party who is not represented by an attorney and shall include his email and physical mailing address. Either the original document, the electronic reproduction of such original document containing the facsimile signature of the attorney or represented party, or, in the case of matters in the Wireless Radio Services, an electronic filing via ULS is acceptable for filing. If a facsimile or electronic reproduction of such original document is filed, the signatory shall retain the original until the Commission's decision is final and no longer subject to judicial review. If filed electronically, a signature will be considered any symbol executed or adopted by the party with the intent that such symbol be a signature, including symbols formed by computer-generated electronic impulses. Except when otherwise specifically provided by rule or statute, documents signed by the attorney for a party need not be verified or accompanied by affidavit. The signature or electronic reproduction thereof by an attorney constitutes a certificate by him that he has read the document; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. If the original of a document is not signed or is signed with intent to defeat the purpose of this section, or an electronic reproduction does not contain a facsimile signature, it may be stricken as sham and false, and the matter may proceed as though the document had not been filed. An attorney may be subjected to appropriate disciplinary action, pursuant to § 1.24 , for a willful violation of this section or if scandalous or indecent matter is inserted. [ 63 FR 24125 , May 1, 1998, as amended at 63 FR 68920 , Dec. 14, 1998; 83 FR 2556 , Jan. 18, 2018; 85 FR 85529 , Dec. 29, 2020] Forbearance Proceedings § 1.53 Separate pleadings for petitions for forbearance. In order to be considered as a petition for forbearance subject to the one-year deadline set forth in 47 U.S.C. 160(c) , any petition requesting that the Commission exercise its forbearance authority under 47 U.S.C. 160 shall be filed as a separate pleading and shall be identified in the caption of such pleading as a petition for forbearance under 47 U.S.C. 160(c) . Any request which is not in compliance with this rule is deemed not to constitute a petition pursuant to 47 U.S.C. 160(c) , and is not subject to the deadline set forth therein. [ 65 FR 7460 , Feb. 15, 2000] § 1.54 Petitions for forbearance must be complete as filed. ( a ) Description of relief sought. Petitions for forbearance must identify the requested relief, including: ( 1 ) Each statutory provision, rule, or requirement from which forbearance is sought. ( 2 ) Each carrier, or group of carriers, for which forbearance is sought. ( 3 ) Each service for which forbearance is sought. ( 4 ) Each geographic location, zone, or area for which forbearance is sought. ( 5 ) Any other factor, condition, or limitation relevant to determining the scope of the requested relief. ( b ) Prima facie case. Petitions for forbearance must contain facts and arguments which, if true and persuasive, are sufficient to meet each of the statutory criteria for forbearance. ( 1 ) A petition for forbearance must specify how each of the statutory criteria is met with regard to each statutory provision or rule, or requirement from which forbearance is sought. ( 2 ) If the petitioner intends to rely on data or information in the possession of third parties, the petition must identify: ( i ) The nature of the data or information. ( ii ) The parties believed to have or control the data or information. ( iii ) The relationship of the data or information to facts and arguments presented in the petition. ( 3 ) The petitioner shall, at the time of filing, provide a copy of the petition to each third party identified as possessing data or information on which the petitioner intends to rely. ( c ) Identification of related matters. A petition for forbearance must identify any proceeding pending before the Commission in which the petitioner has requested, or otherwise taken a position regarding, relief that is identical to, or comparable to, the relief sought in the forbearance petition. Alternatively, the petition must declare that the petitioner has not, in a pending proceeding, requested or otherwise taken a position on the relief sought. ( d ) Filing requirements. Petitions for forbearance shall comply with the filing requirements in § 1.49 . ( 1 ) Petitions for forbearance shall be e-mailed to forbearance@fcc.gov at the time for filing. ( 2 ) All filings related to a forbearance petition, including all data, shall be provided in a searchable format. To be searchable, a spreadsheet containing a significant amount of data must be capable of being manipulated to allow meaningful analysis. ( e ) Contents. Petitions for forbearance shall include: ( 1 ) A plain, concise, written summary statement of the relief sought. ( 2 ) A full statement of the petitioner's prima facie case for relief. ( 3 ) Appendices that list: ( i ) The scope of relief sought as required in § 1.54(a) ; ( ii ) All supporting data upon which the petition intends to rely, including a market analysis; and ( iii ) Any supporting statements or affidavits. ( f ) Supplemental information. The Commission will consider further facts and arguments entered into the record by a petitioner only: ( 1 ) In response to facts and arguments introduced by commenters or opponents. ( 2 ) By permission of the Commission. [ 74 FR 39227 , Aug. 6, 2009] § 1.55 Public notice of petitions for forbearance. ( a ) Filing a petition for forbearance initiates the statutory time limit for consideration of the petition. ( b ) The Commission will issue a public notice when it receives a properly filed petition for forbearance. The notice will include: ( 1 ) A statement of the nature of the petition for forbearance. ( 2 ) The scope of the forbearance sought and a description of the subjects and issues involved. ( 3 ) The docket number assigned to the proceeding. ( 4 ) A statement of the time for filing oppositions or comments and replies thereto. [ 74 FR 39227 , Aug. 6, 2009] § 1.56 Motions for summary denial of petitions for forbearance. ( a ) Opponents of a petition for forbearance may submit a motion for summary denial if it can be shown that the petition for forbearance, viewed in the light most favorable to the petitioner, cannot meet the statutory criteria for forbearance. ( b ) A motion for summary denial may not be filed later than the due date for comments and oppositions announced in the public notice. ( c ) Oppositions to motions for summary denial may not be filed later than the due date for reply comments announced in the public notice. ( d ) No reply may be filed to an opposition to a motion for summary denial. [ 74 FR 39227 , Aug. 6, 2009] § 1.57 Circulation and voting of petitions for forbearance. ( a ) If a petition for forbearance includes novel questions of fact, law or policy which cannot be resolved under outstanding precedents and decisions, the Chairperson will circulate a draft order no later than 28 days prior to the statutory deadline, unless all Commissioners agree to a shorter period. ( b ) The Commission will vote on any circulated order resolving a forbearance petition not later than seven days before the last day that action must be taken to prevent the petition from being deemed granted by operation of law. [ 74 FR 39227 , Aug. 6, 2009, as amended at 88 FR 21433 , Apr. 10, 2023] § 1.58 Forbearance petition quiet period prohibition. The prohibition in § 1.1203(a) on contacts with decisionmakers concerning matters listed in the Sunshine Agenda shall also apply to a petition for forbearance for a period of 14 days prior to the statutory deadline under 47 U.S.C. 160(c) or as announced by the Commission. [ 74 FR 39227 , Aug. 6, 2009] § 1.59 Withdrawal or narrowing of petitions for forbearance. ( a ) A petitioner may withdraw or narrow a petition for forbearance without approval of the Commission by filing a notice of full or partial withdrawal at any time prior to the end of the tenth business day after the due date for reply comments announced in the public notice. ( b ) Except as provided in paragraph (a) of this section, a petition for forbearance may be withdrawn, or narrowed so significantly as to amount to a withdrawal of a large portion of the forbearance relief originally requested by the petitioner, only with approval of the Commission. [ 74 FR 39227 , Aug. 6, 2009] General Application Procedures § 1.61 Procedures for handling applications requiring special aeronautical study. ( a ) Antenna Structure Registration is conducted by the Wireless Telecommunications Bureau as follows: ( 1 ) Each antenna structure owner that must notify the FAA of proposed construction using FAA Form 7460-1 shall, upon proposing new or modified construction, register that antenna structure with the Wireless Telecommunications Bureau using FCC Form 854. ( 2 ) In accordance with § 1.1307 and § 17.4(c) of this chapter , the Bureau will address any environmental concerns prior to processing the registration. ( 3 ) If a final FAA determination of “no hazard” is not submitted along with FCC Form 854, processing of the registration may be delayed or disapproved. ( 4 ) If the owner of the antenna structure cannot file FCC Form 854 because it is subject to a denial of Federal benefits under the Anti-Drug Abuse Act of 1988, 21 U.S.C. 862 , the first licensee authorized to locate on the structure must register the structure using FCC Form 854, and provide a copy of the Antenna Structure Registration (FCC Form 854R) to the owner. The owner remains responsible for providing a copy of FCC Form 854R to all tenant licensees on the structure and for posting the registration number as required by § 17.4(g) of this chapter . ( 5 ) Upon receipt of FCC Form 854, and attached FAA final determination of “no hazard,” the Bureau may prescribe antenna structure painting and/or lighting specifications or other conditions in accordance with the FAA airspace recommendation. Unless otherwise specified by the Bureau, the antenna structure must conform to the FAA's painting and lighting recommendations set forth in the FAA's determination of “no hazard” and the associated FAA study number. The Bureau returns a completed Antenna Structure Registration (FCC Form 854R) to the registrant. If the proposed structure is disapproved the registrant is so advised. ( b ) Each operating Bureau or Office examines the applications for Commission authorization for which it is responsible to ensure compliance with FAA notification procedures as well as Commission Antenna Structure Registration as follows: ( 1 ) If Antenna Structure Registration is required, the operating Bureau reviews the application for the Antenna Structure Registration Number and proceeds as follows: ( i ) If the application contains the Antenna Structure Registration Number or if the applicant seeks a Cellular or PCS system authorization, the operating Bureau processes the application. ( ii ) If the application does not contain the Antenna Structure Registration Number, but the structure owner has already filed FCC Form 854, the operating Bureau places the application on hold until Registration can be confirmed, so long as the owner exhibits due diligence in filing. ( iii ) If the application does not contain the Antenna Structure Registration Number, and the structure owner has not filed FCC Form 854, the operating Bureau notifies the applicant that FCC Form 854 must be filed and places the application on hold until Registration can be confirmed, so long as the owner exhibits due diligence in filing. ( 2 ) If Antenna Structure Registration is not required, the operating Bureau processes the application. ( c ) Where one or more antenna farm areas have been designated for a community or communities (see § 17.9 of this chapter ), an application proposing the erection of an antenna structure over 1,000 feet in height above ground to serve such community or communities will not be accepted for filing unless: ( 1 ) It is proposed to locate the antenna structure in a designated antenna farm area, or ( 2 ) It is accompanied by a statement from the Federal Aviation Administration that the proposed structure will not constitute a menace to air navigation, or ( 3 ) It is accompanied by a request for waiver setting forth reasons sufficient, if true, to justify such a waiver. Note: By Commission Order (FCC 65-455), 30 FR 7419 , June 5, 1965, the Commission issued the following policy statement concerning the height of radio and television antenna towers: “We have concluded that this objective can best be achieved by adopting the following policy: Applications for antenna towers higher than 2,000 feet above ground will be presumed to be inconsistent with the public interest, and the applicant will have a burden of overcoming that strong presumption. The applicant must accompany its application with a detailed showing directed to meeting this burden. Only in the exceptional case, where the Commission concludes that a clear and compelling showing has been made that there are public interest reasons requiring a tower higher than 2,000 feet above ground, and after the parties have complied with applicable FAA procedures, and full Commission coordination with FAA on the question of menace to air navigation, will a grant be made. Applicants and parties in interest will, of course, be afforded their statutory hearing rights.” [ 28 FR 12415 , Nov. 22, 1963, as amended at 32 FR 8813 , June 21, 1967; 32 FR 20860 , Dec. 28, 1967; 34 FR 6481 , Apr. 15, 1969; 45 FR 55201 , Aug. 19, 1980; 58 FR 13021 , Mar. 9, 1993, 61 FR 4361 , Feb. 6, 1996; 77 FR 3952 , Jan. 26, 2012; 79 FR 56984 , Sept. 24, 2014] § 1.62 Operation pending action on renewal application. ( a ) ( 1 ) Where there is pending before the Commission at the time of expiration of license any proper and timely application for renewal of license with respect to any activity of a continuing nature, in accordance with the provisions of section 9(b) of the Administrative Procedure Act, such license shall continue in effect without further action by the Commission until such time as the Commission shall make a final determination with respect to the renewal application. No operation by any licensee under this section shall be construed as a finding by the Commission that the operation will serve the public interest, convenience, or necessity, nor shall such operation in any way affect or limit the action of the Commission with respect to any pending application or proceeding. ( 2 ) A non-broadcast licensee operating by virtue of this paragraph (a) shall, after the date of expiration specified in the license, post, in addition to the original license, any acknowledgment received from the Commission that the renewal application has been accepted for filing or a signed copy of the application for renewal of license which has been submitted by the licensee, or in services other than common carrier, a statement certifying that the licensee has mailed or filed a renewal application, specifying the date of mailing or filing. ( b ) Where there is pending before the Commission at the time of expiration of license any proper and timely application for renewal or extension of the term of a license with respect to any activity not of a continuing nature, the Commission may in its discretion grant a temporary extension of such license pending determination of such application. No such temporary extension shall be construed as a finding by the Commission that the operation of any radio station thereunder will serve the public interest, convenience, or necessity beyond the express terms of such temporary extension of license, nor shall such temporary extension in any way affect or limit the action of the Commission with respect to any pending application or proceeding. ( c ) Except where an instrument of authorization clearly states on its face that it relates to an activity not of a continuing nature, or where the non-continuing nature is otherwise clearly apparent upon the face of the authorization, all licenses issued by the Commission shall be deemed to be related to an activity of a continuing nature. ( 5 U.S.C. 558 ) [ 28 FR 12415 , Nov. 22, 1963, as amended at 84 FR 2758 , Feb. 8, 2019] § 1.65 Substantial and significant changes in information furnished by applicants to the Commission. ( a ) Each applicant is responsible for the continuing accuracy and completeness of information furnished in a pending application or in Commission proceedings involving a pending application. Except as otherwise required by rules applicable to particular types of applications, whenever the information furnished in the pending application is no longer substantially accurate and complete in all significant respects, the applicant shall as promptly as possible and in any event within 30 days, unless good cause is shown, amend or request the amendment of the application so as to furnish such additional or corrected information as may be appropriate. Except as otherwise required by rules applicable to particular types of applications, whenever there has been a substantial change as to any other matter which may be of decisional significance in a Commission proceeding involving the pending application, the applicant shall as promptly as possible and in any event within 30 days, unless good cause is shown, submit a statement furnishing such additional or corrected information as may be appropriate, which shall be served upon parties of record in accordance with § 1.47 . Where the matter is before any court for review, statements and requests to amend shall in addition be served upon the Commission's General Counsel. For the purposes of this section, an application is “pending” before the Commission from the time it is accepted for filing by the Commission until a Commission grant or denial of the application is no longer subject to reconsideration by the Commission or to review by any court. ( b ) Applications in broadcast services subject to competitive bidding will be subject to the provisions of §§ 1.2105(b) , 73.5002 and 73.3522 of this chapter regarding the modification of their applications. ( c ) All broadcast permittees and licensees must report annually to the Commission any adverse finding or adverse final action taken by any court or administrative body that involves conduct bearing on the permittee's or licensee's character qualifications and that would be reportable in connection with an application for renewal as reflected in the renewal form. If a report is required by this paragraph(s) , it shall be filed on the anniversary of the date that the licensee's renewal application is required to be filed, except that licensees owning multiple stations with different anniversary dates need file only one report per year on the anniversary of their choice, provided that their reports are not more than one year apart. Permittees and licensees bear the obligation to make diligent, good faith efforts to become knowledgeable of any such reportable adjudicated misconduct. Note: The terms adverse finding and adverse final action as used in paragraph (c) of this section include adjudications made by an ultimate trier of fact, whether a government agency or court, but do not include factual determinations which are subject to review de novo unless the time for taking such review has expired under the relevant procedural rules. The pendency of an appeal of an adverse finding or adverse final action does not relieve a permittee or licensee from its obligation to report the finding or action. [ 48 FR 27200 , June 13, 1983, as amended at 55 FR 23084 , June 6, 1990; 56 FR 25635 , June 5, 1991; 56 FR 44009 , Sept. 6, 1991; 57 FR 47412 , Oct. 16, 1992; 63 FR 48622 , Sept. 11, 1998; 69 FR 72026 , Dec. 10, 2004; 75 FR 4702 , Jan. 29, 2010] § 1.68 Action on application for license to cover construction permit. ( a ) An application for license by the lawful holder of a construction permit will be granted without hearing where the Commission, upon examination of such application, finds that all the terms, conditions, and obligations set forth in the application and permit have been fully met, and that no cause or circumstance arising or first coming to the knowledge of the Commission since the granting of the permit would, in the judgment of the Commission, make the operation of such station against the public interest. ( b ) In the event the Commission is unable to make the findings in paragraph (a) of this section, the Commission will designate the application for hearing upon specified issues. (Sec. 319, 48 Stat. 1089, as amended; 47 U.S.C. 319 ) § 1.77 Detailed application procedures; cross references. The application procedures set forth in §§ 1.61 through 1.68 are general in nature. Applicants should also refer to the Commission rules regarding the payment of statutory charges ( subpart G of this part ) and the use of the FCC Registration Number (FRN) (see subpart W of this part ). More detailed procedures are set forth in this chapter as follows: ( a ) Rules governing applications for authorizations in the Broadcast Radio Services are set forth in subpart D of this part . ( b ) Rules governing applications for authorizations in the Common Carrier Radio Services are set forth in subpart E of this part . ( c ) Rules governing applications for authorizations in the Private Radio Services are set forth in subpart F of this part . ( d ) Rules governing applications for authorizations in the Experimental Radio Service are set forth in part 5 of this chapter . ( e ) Rules governing applications for authorizations in the Domestic Public Radio Services are set forth in part 21 of this chapter . ( f ) Rules governing applications for authorizations in the Industrial, Scientific, and Medical Service are set forth in part 18 of this chapter . ( g ) Rules governing applications for certification of equipment are set forth in part 2, subpart J, of this chapter. ( h ) Rules governing applications for commercial radio operator licenses are set forth in part 13 of this chapter . ( i ) Rules governing applications for authorizations in the Common Carrier and Private Radio terrestrial microwave services and Local Multipoint Distribution Services are set out in part 101 of this chapter . [ 28 FR 12415 , Nov. 22, 1963, as amended at 44 FR 39180 , July 5, 1979; 47 FR 53378 , Nov. 26, 1982; 61 FR 26670 , May 28, 1996; 62 FR 23162 , Apr. 29, 1997; 63 FR 36596 , July 7, 1998; 66 FR 47895 , Sept. 14, 2001; 78 FR 25160 , Apr. 29, 2013] Miscellaneous Proceedings § 1.80 Forfeiture proceedings. ( a ) Persons against whom and violations for which a forfeiture may be assessed. A forfeiture penalty may be assessed against any person found to have: ( 1 ) Willfully or repeatedly failed to comply substantially with the terms and conditions of any license, permit, certificate, or other instrument of authorization issued by the Commission; ( 2 ) Willfully or repeatedly failed to comply with any of the provisions of the Communications Act of 1934, as amended; or of any rule, regulation or order issued by the Commission under that Act or under any treaty, convention, or other agreement to which the United States is a party and which is binding on the United States; ( 3 ) Violated any provision of section 317(c) or 508(a) of the Communications Act; ( 4 ) Violated any provision of sections 227(b) or (e) of the Communications Act or of §§ 64.1200(a)(1) through (5) and 64.1604 of this title ; ( 5 ) Violated any provision of section 511(a) or (b) of the Communications Act or of paragraph (b)(6) of this section; ( 6 ) Violated any provision of section 1304, 1343, or 1464 of Title 18, United States Code; or ( 7 ) Violated any provision of section 6507 of the Middle Class Tax Relief and Job Creation Act of 2012 or any rule, regulation, or order issued by the Commission under that statute. ( 8 ) Violated section 60506 of the Infrastructure and Jobs Act of 2021 or 47 CFR part 16 . Note 1 to paragraph ( a ): A forfeiture penalty assessed under this section is in addition to any other penalty provided for by the Communications Act, except that the penalties provided for in paragraphs (b)(1) through (4) of this section shall not apply to conduct which is subject to a forfeiture penalty or fine under sections 202(c), 203(e), 205(b), 214(d), 219(b), 220(d), 223(b), 364(a), 364(b), 386(a), 386(b), 506, and 634 of the Communications Act. The remaining provisions of this section are applicable to such conduct. ( b ) Limits on the amount of forfeiture assessed — ( 1 ) Forfeiture penalty for a broadcast station licensee, permittee, cable television operator, or applicant. If the violator is a broadcast station licensee or permittee, a cable television operator, or an applicant for any broadcast or cable television operator license, permit, certificate, or other instrument of authorization issued by the Commission, except as otherwise noted in this paragraph (b)(1) , the forfeiture penalty under this section shall not exceed $61,238 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $612,395 for any single act or failure to act described in paragraph (a) of this section. There is no limit on forfeiture assessments for EEO violations by cable operators that occur after notification by the Commission of a potential violation. See section 634(f)(2) of the Communications Act ( 47 U.S.C. 554 ). Notwithstanding the foregoing in this section, if the violator is a broadcast station licensee or permittee or an applicant for any broadcast license, permit, certificate, or other instrument of authorization issued by the Commission, and if the violator is determined by the Commission to have broadcast obscene, indecent, or profane material, the forfeiture penalty under this section shall not exceed $495,500 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $4,573,840 for any single act or failure to act described in paragraph (a) of this section. ( 2 ) Forfeiture penalty for a common carrier or applicant. If the violator is a common carrier subject to the provisions of the Communications Act or an applicant for any common carrier license, permit, certificate, or other instrument of authorization issued by the Commission, the amount of any forfeiture penalty determined under this section shall not exceed $244,958 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $2,449,575 for any single act or failure to act described in paragraph (a) of this section. ( 3 ) Forfeiture penalty for a manufacturer or service provider. If the violator is a manufacturer or service provider subject to the requirements of section 255, 716, or 718 of the Communications Act ( 47 U.S.C. 255 , 617 , or 619 ), and is determined by the Commission to have violated any such requirement, the manufacturer or service provider shall be liable to the United States for a forfeiture penalty of not more than $140,674 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $1,406,728 for any single act or failure to act. ( 4 ) Forfeiture penalty for a 227(e) violation. Any person determined to have violated section 227(e) of the Communications Act or the rules issued by the Commission under section 227(e) of the Communications Act shall be liable to the United States for a forfeiture penalty of not more than $14,067 for each violation or three times that amount for each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $1,406,728 for any single act or failure to act. Such penalty shall be in addition to any other forfeiture penalty provided for by the Communications Act. ( 5 ) Forfeiture penalty for a 227(b)(4)(B) violation. Any person determined to have violated section 227(b)(4)(B) of the Communications Act or the rules in 47 CFR part 64 issued by the Commission under section 227(b)(4)(B) of the Communications Act shall be liable to the United States for a forfeiture penalty determined in accordance with paragraphs (A)-(F) of section 503(b)(2) plus an additional penalty not to exceed $11,955. ( 6 ) Forfeiture penalty for pirate radio broadcasting. ( i ) Any person who willfully and knowingly does or causes or suffers to be done any pirate radio broadcasting shall be subject to a fine of not more than $2,391,097; and ( ii ) Any person who willfully and knowingly violates the Act or any rule, regulation, restriction, or condition made or imposed by the Commission under authority of the Act, or any rule, regulation, restriction, or condition made or imposed by any international radio or wire communications treaty or convention, or regulations annexed thereto, to which the United States is party, relating to pirate radio broadcasting shall, in addition to any other penalties provided by law, be subject to a fine of not more than $119,555 for each day during which such offense occurs, in accordance with the limit described in this section. ( 7 ) Forfeiture penalty for a section 6507(b)(4) Tax Relief Act violation. If a violator who is granted access to the Do-Not-Call registry of public safety answering points discloses or disseminates any registered telephone number without authorization, in violation of section 6507(b)(4) of the Middle Class Tax Relief and Job Creation Act of 2012 or the Commission's implementing rules in 47 CFR part 64 , the monetary penalty for such unauthorized disclosure or dissemination of a telephone number from the registry shall be not less than $131,738 per incident nor more than $1,317,380 per incident depending upon whether the conduct leading to the violation was negligent, grossly negligent, reckless, or willful, and depending on whether the violation was a first or subsequent offense. ( 8 ) Forfeiture penalty for a section 6507(b)(5) Tax Relief Act violation. If a violator uses automatic dialing equipment to contact a telephone number on the Do-Not-Call registry of public safety answering points, in violation of section 6507(b)(5) of the Middle Class Tax Relief and Job Creation Act of 2012 or the Commission's implementing rules in 47 CFR part 64 , the monetary penalty for contacting such a telephone number shall be not less than $13,174 per call nor more than $131,738 per call depending on whether the violation was negligent, grossly negligent, reckless, or willful, and depending on whether the violation was a first or subsequent offense. ( 9 ) Forfeiture penalty for a failure to block. Any person determined to have failed to block illegal robocalls pursuant to §§ 64.6305(g) and 64.1200(n) of this chapter shall be liable to the United States for a forfeiture penalty of no more than $24,496 for each violation, to be assessed on a per-call basis. ( 10 ) Maximum forfeiture penalty for any case not previously covered. In any case not covered in paragraphs (b)(1) through (9) of this section, the amount of any forfeiture penalty determined under this section shall not exceed $24,496 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $183,718 for any single act or failure to act described in paragraph (a) of this section. ( 11 ) Factors considered in determining the amount of the forfeiture penalty. In determining the amount of the forfeiture penalty, the Commission or its designee will take into account the nature, circumstances, extent and gravity of the violations and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. Table 1 to Paragraph ( b )(11)—Base Amounts for Section 503 Forfeitures Forfeitures Violation amount Misrepresentation/lack of candor ( 1 ) Failure to file required DODC required forms, and/or filing materially inaccurate or incomplete DODC information $15,000 Construction and/or operation without an instrument of authorization for the service 10,000 Failure to comply with prescribed lighting and/or marking 10,000 Violation of public file rules 10,000 Violation of political rules: Reasonable access, lowest unit charge, equal opportunity, and discrimination 9,000 Unauthorized substantial transfer of control 8,000 Violation of children's television commercialization or programming requirements 8,000 Violations of rules relating to distress and safety frequencies 8,000 False distress communications 8,000 EAS equipment not installed or operational 8,000 Alien ownership violation 8,000 Failure to permit inspection 7,000 Transmission of indecent/obscene materials 7,000 Interference 7,000 Importation or marketing of unauthorized equipment 7,000 Exceeding of authorized antenna height 5,000 Fraud by wire, radio or television 5,000 Unauthorized discontinuance of service 5,000 Use of unauthorized equipment 5,000 Exceeding power limits 4,000 Failure to Respond to Commission communications 4,000 Violation of sponsorship ID requirements 4,000 Unauthorized emissions 4,000 Using unauthorized frequency 4,000 Failure to engage in required frequency coordination 4,000 Construction or operation at unauthorized location 4,000 Violation of requirements pertaining to broadcasting of lotteries or contests 4,000 Violation of transmitter control and metering requirements 3,000 Failure to file required forms or information 3,000 Per call violations of the robocall blocking rules 2,500 Failure to make required measurements or conduct required monitoring 2,000 Failure to provide station ID 1,000 Unauthorized pro forma transfer of control 1,000 Failure to maintain required records 1,000 Table 2 to Paragraph ( b )(11)—Violations Unique to the Service Violation Services affected Amount Unauthorized conversion of long distance telephone service Common Carrier $40,000 Violation of operator services requirements Common Carrier 7,000 Violation of pay-per-call requirements Common Carrier 7,000 Failure to implement rate reduction or refund order Cable 7,500 Violation of cable program access rules Cable 7,500 Violation of cable leased access rules Cable 7,500 Violation of cable cross-ownership rules Cable 7,500 Violation of cable broadcast carriage rules Cable 7,500 Violation of pole attachment rules Cable 7,500 Failure to maintain directional pattern within prescribed parameters Broadcast 7,000 Violation of broadcast hoax rule Broadcast 7,000 AM tower fencing Broadcast 7,000 Broadcasting telephone conversations without authorization Broadcast 4,000 Violation of enhanced underwriting requirements Broadcast 2,000 Table 3 to Paragraph ( b )(11)—Adjustment Criteria for Section 503 Forfeitures Upward Adjustment Criteria: (1) Egregious misconduct. (2) Ability to pay/relative disincentive. (3) Intentional violation. (4) Substantial harm. (5) Prior violations of any FCC requirements. (6) Substantial economic gain. (7) Repeated or continuous violation. Downward Adjustment Criteria: (1) Minor violation. (2) Good faith or voluntary disclosure. (3) History of overall compliance. (4) Inability to pay. Table 4 to Paragraph ( b )(11)—Non-Section 503 Forfeitures That Are Affected by the Downward Adjustment Factors 1 Violation Statutory amount after 2024 annual inflation adjustment Sec. 202(c) Common Carrier Discrimination $14,697, $735/day. Sec. 203(e) Common Carrier Tariffs $14,697, $735/day. Sec. 205(b) Common Carrier Prescriptions $29,395. Sec. 214(d) Common Carrier Line Extensions $2,939/day. Sec. 219(b) Common Carrier Reports $2,939/day. Sec. 220(d) Common Carrier Records & Accounts $14,697/day. Sec. 223(b) Dial-a-Porn $152,310/day. Sec. 227(e) Caller Identification $14,067/violation. $42,200/day for each day of continuing violation, up to $1,406,728 for any single act or failure to act. Sec. 364(a) Forfeitures (Ships) $12,249/day (owner). Sec. 364(b) Forfeitures (Ships) $2,451 (vessel master). Sec. 386(a) Forfeitures (Ships) $12,249/day (owner). Sec. 386(b) Forfeitures (Ships) $2,451 (vessel master). Sec. 511 Pirate Radio Broadcasting $2,391,097, $119,555/day. Sec. 634 Cable EEO $1,086/day. 1 Unlike section 503 of the Act, which establishes maximum forfeiture amounts, other sections of the Act, with two exceptions, state prescribed amounts of forfeitures for violations of the relevant section. These amounts are then subject to mitigation or remission under section 504 of the Act. One exception is section 223 of the Act, which provides a maximum forfeiture per day. For convenience, the Commission will treat this amount as if it were a prescribed base amount, subject to downward adjustments. The other exception is section 227(e) of the Act, which provides maximum forfeitures per violation, and for continuing violations. The Commission will apply the factors set forth in section 503(b)(2)(E) of the Act and this table 4 to determine the amount of the penalty to assess in any particular situation. The amounts in this table 4 are adjusted for inflation pursuant to the Debt Collection Improvement Act of 1996 (DCIA), 28 U.S.C. 2461 . These non-section 503 forfeitures may be adjusted downward using the “Downward Adjustment Criteria” shown for section 503 forfeitures in table 3 to this paragraph (b)(11) . Note 2 to paragraph ( b )(11): Guidelines for Assessing Forfeitures. The Commission and its staff may use the guidelines in tables 1 through 4 of this paragraph (b)(11) in particular cases. The Commission and its staff retain the discretion to issue a higher or lower forfeiture than provided in the guidelines, to issue no forfeiture at all, or to apply alternative or additional sanctions as permitted by the statute. The forfeiture ceilings per violation or per day for a continuing violation stated in section 503 of the Communications Act and the Commission's rules are described in paragraph (b)(12) of this section. These statutory maxima became effective September 13, 2013. Forfeitures issued under other sections of the Act are dealt with separately in table 4 to this paragraph (b)(11) . ( 12 ) Inflation adjustments to the maximum forfeiture amount. ( i ) Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74 (129 Stat. 599-600), which amends the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, Public Law 101-410 (104 Stat. 890; 28 U.S.C. 2461 note ), the statutory maximum amount of a forfeiture penalty assessed under this section shall be adjusted annually for inflation by order published no later than January 15 each year. Annual inflation adjustments will be based on the percentage (if any) by which the Consumer Price Index for all Urban Consumers (CPI-U) for October preceding the date of the adjustment exceeds the prior year's CPI-U for October. The Office of Management and Budget (OMB) will issue adjustment rate guidance no later than December 15 each year to adjust for inflation in the CPI-U as of the most recent October. ( ii ) The application of the annual inflation adjustment required by the foregoing Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 results in the following adjusted statutory maximum forfeitures authorized by the Communications Act: Table 5 to Paragraph ( b )(12)( ii ) U.S. Code citation Maximum penalty after 2024 annual inflation adjustment 47 U.S.C. 202(c) $14,697. $735. 47 U.S.C. 203(e) $14,697. $735. 47 U.S.C. 205(b) $29,395. 47 U.S.C. 214(d) $2,939. 47 U.S.C. 219(b) $2,939. 47 U.S.C. 220(d) $14,697. 47 U.S.C. 223(b) $152,310. 47 U.S.C. 227(b)(4)(B) $61,238, plus an additional penalty not to exceed $11,955. $612,395, plus an additional penalty not to exceed $11,955. $244,958, plus an additional penalty not to exceed $11,955. $2,449,575, plus an additional penalty not to exceed $11,955. $495,500, plus an additional penalty not to exceed $11,955. $4,573,840, plus an additional penalty not to exceed $11,955. $24,496, plus an additional penalty not to exceed $11,955. $183,718, plus an additional penalty not to exceed $11,955. $140,674, plus an additional penalty not to exceed $11,955. $1,406,728, plus an additional penalty not to exceed $11,955. 47 U.S.C. 227(e) $14,067. $42,200. $1,406,728. 47 U.S.C. 362(a) $12,249. 47 U.S.C. 362(b) $2,451. 47 U.S.C. 386(a) $12,249. 47 U.S.C. 386(b) $2,451. 47 U.S.C. 503(b)(2)(A) $61,238. $612,395. 47 U.S.C. 503(b)(2)(B) $244,958. $2,449,575. 47 U.S.C. 503(b)(2)(C) $495,500. $4,573,840. 47 U.S.C. 503(b)(2)(D) $24,496. $183,718. 47 U.S.C. 503(b)(2)(F) $140,674. $1,406,728. 47 U.S.C. 507(a) $2,426. 47 U.S.C. 507(b) $356. 47 U.S.C. 511 $2,391,097. $119,555. 47 U.S.C. 554 $1,086. Sec. 6507(b)(4) of Tax Relief Act $1,317,380/incident. Sec. 6507(b)(5) of Tax Relief Act $131,738/call. Note 3 to paragraph ( b )(12): Pursuant to Public Law 104-134 , the first inflation adjustment cannot exceed 10 percent of the statutory maximum amount. ( c ) Limits on the time when a proceeding may be initiated. ( 1 ) In the case of a broadcast station, no forfeiture penalty shall be imposed if the violation occurred more than 1 year prior to the issuance of the appropriate notice or prior to the date of commencement of the current license term, whichever is earlier. For purposes of this paragraph, “date of commencement of the current license term” means the date of commencement of the last term of license for which the licensee has been granted a license by the Commission. A separate license term shall not be deemed to have commenced as a result of continuing a license in effect under section 307(c) pending decision on an application for renewal of the license. ( 2 ) In the case of a forfeiture imposed against a carrier under sections 202(c), 203(e), and 220(d), no forfeiture will be imposed if the violation occurred more than 5 years prior to the issuance of a notice of apparent liability. ( 3 ) In the case of a forfeiture imposed under section 227(e), no forfeiture will be imposed if the violation occurred more than 4 years prior to the date on which the appropriate notice was issued. ( 4 ) In the case of a forfeiture imposed under section 227(b)(4)(B), no forfeiture will be imposed if the violation occurred more than 4 years prior to the date on which the appropriate notice is issued. ( 5 ) In all other cases, no penalty shall be imposed if the violation occurred more than 1 year prior to the date on which the appropriate notice is issued. ( d ) Preliminary procedure in some cases; citations. Except for a forfeiture imposed under sections 227(b), 227(e)(5), 511(a), and 511(b) of the Act, no forfeiture penalty shall be imposed upon any person under the preceding sections if such person does not hold a license, permit, certificate, or other authorization issued by the Commission, and if such person is not an applicant for a license, permit, certificate, or other authorization issued by the Commission, unless, prior to the issuance of the appropriate notice, such person: ( 1 ) Is sent a citation reciting the violation charged; ( 2 ) Is given a reasonable opportunity (usually 30 days) to request a personal interview with a Commission official, at the field office which is nearest to such person's place of residence; and ( 3 ) Subsequently engages in conduct of the type described in the citation. However, a forfeiture penalty may be imposed, if such person is engaged in (and the violation relates to) activities for which a license, permit, certificate, or other authorization is required or if such person is a cable television operator, or in the case of violations of section 303(q), if the person involved is a nonlicensee tower owner who has previously received notice of the obligations imposed by section 303(q) from the Commission or the permittee or licensee who uses that tower. Paragraph (c) of this section does not limit the issuance of citations. When the requirements of this paragraph have been satisfied with respect to a particular violation by a particular person, a forfeiture penalty may be imposed upon such person for conduct of the type described in the citation without issuance of an additional citation. ( e ) Preliminary procedure in Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE Act) cases. Absent good cause, in any case alleging a violation of subsection (a) or (b) of section 511 of the Act, the Commission shall proceed directly to issue a notice of apparent liability for forfeiture without first issuing a notice of unlicensed operation. ( f ) Alternative procedures. In the discretion of the Commission, a forfeiture proceeding may be initiated either: ( 1 ) By issuing a notice of apparent liability, in accordance with paragraph (f) of this section, or ( 2 ) a notice of opportunity for hearing, in accordance with paragraph (g). ( g ) Notice of apparent liability. Before imposing a forfeiture penalty under the provisions of this paragraph, the Commission or its designee will issue a written notice of apparent liability. ( 1 ) Content of notice. The notice of apparent liability will: ( i ) Identify each specific provision, term, or condition of any act, rule, regulation, order, treaty, convention, or other agreement, license, permit, certificate, or instrument of authorization which the respondent has apparently violated or with which he has failed to comply, ( ii ) Set forth the nature of the act or omission charged against the respondent and the facts upon which such charge is based, ( iii ) State the date(s) on which such conduct occurred, and ( iv ) Specify the amount of the apparent forfeiture penalty. ( 2 ) Delivery. The notice of apparent liability will be sent to the respondent, by certified mail, at his last known address (see § 1.5 ). ( 3 ) Response. The respondent will be afforded a reasonable period of time (usually 30 days from the date of the notice) to show, in writing, why a forfeiture penalty should not be imposed or should be reduced, or to pay the forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced shall include a detailed factual statement and such documentation and affidavits as may be pertinent. ( 4 ) Forfeiture order. If the proposed forfeiture penalty is not paid in full in response to the notice of apparent liability, the Commission, upon considering all relevant information available to it, will issue an order canceling or reducing the proposed forfeiture or requiring that it be paid in full and stating the date by which the forfeiture must be paid. ( 5 ) Judicial enforcement of forfeiture order. If the forfeiture is not paid, the case will be referred to the Department of Justice for collection under section 504(a) of the Communications Act. ( h ) Notice of opportunity for hearing. The procedures set out in this paragraph apply only when a formal hearing under section 503(b)(3)(A) of the Communications Act is being held to determine whether to assess a forfeiture penalty. ( 1 ) Before imposing a forfeiture penalty, the Commission may, in its discretion, issue a notice of opportunity for hearing. The formal hearing proceeding shall be conducted by an administrative law judge under procedures set out in subpart B of this part , including procedures for appeal and review of initial decisions. A final Commission order assessing a forfeiture under the provisions of this paragraph is subject to judicial review under section 402(a) of the Communications Act. ( 2 ) If, after a forfeiture penalty is imposed and not appealed or after a court enters final judgment in favor of the Commission, the forfeiture is not paid, the Commission will refer the matter to the Department of Justice for collection. In an action to recover the forfeiture, the validity and appropriateness of the order imposing the forfeiture are not subject to review. ( 3 ) Where the possible assessment of a forfeiture is an issue in a hearing proceeding to determine whether a pending application should be granted, and the application is dismissed pursuant to a settlement agreement or otherwise, and the presiding judge has not made a determination on the forfeiture issue, the presiding judge shall forward the order of dismissal to the attention of the full Commission. Within the time provided by § 1.117 , the Commission may, on its own motion, proceed with a determination of whether a forfeiture against the applicant is warranted. If the Commission so proceeds, it will provide the applicant with a reasonable opportunity to respond to the forfeiture issue (see paragraph (f)(3) of this section) and make a determination under the procedures outlined in paragraph (f) of this section. ( i ) Payment. The forfeiture should be paid electronically using the Commission's electronic payment system in accordance with the procedures set forth on the Commission's website, www.fcc.gov/licensing-databases/fees . ( j ) Remission and mitigation. In its discretion, the Commission, or its designee, may remit or reduce any forfeiture imposed under this section. After issuance of a forfeiture order, any request that it do so shall be submitted as a petition for reconsideration pursuant to § 1.106 . ( k ) Effective date. Amendments to paragraph (b) of this section implementing Pub. L. No. 101-239 are effective December 19, 1989. [ 43 FR 49308 , Oct. 23, 1978, as amended at 48 FR 15631 , Apr. 12, 1983; 50 FR 40855 , Oct. 7, 1985; 55 FR 25605 , June 22, 1990; 56 FR 25638 , June 5, 1991; 57 FR 23161 , June 2, 1992; 57 FR 47006 , Oct. 14, 1992; 57 FR 48333 , Oct. 23, 1992; 58 FR 6896 , Feb. 3, 1993; 58 FR 27473 , May 10, 1993; 62 FR 4918 , Feb. 3, 1997; 62 FR 43475 , Aug. 14, 1997; 63 FR 26992 , May 15, 1998; 65 FR 60868 , Oct. 13, 2000; 69 FR 47789 , Aug. 6, 2004; 72 FR 33914 , June 20, 2007; 73 FR 9018 , Feb. 19, 2008; 73 FR 44664 , July 31, 2008; 76 FR 43203 , July 20, 2011; 76 FR 82388 , Dec. 30, 2011; 77 FR 71137 , Nov. 29, 2012; 78 FR 10100 , Feb. 13, 2013; 78 FR 49371 , Aug. 14, 2013; 81 FR 42555 , June 30, 2016; 82 FR 8171 , Jan. 24, 2017; 82 FR 57882 , Dec. 8, 2017; 83 FR 4600 , Feb. 1. 2018; 84 FR 2462 , Feb. 7, 2019; 85 FR 2318 , Jan. 15, 2020; 85 FR 22029 , Apr. 21, 2020; 85 FR 38333 , June 26, 2020; 85 FR 63172 , Oct. 6, 2020; 86 FR 3830 , Jan. 15, 2021; 86 FR 15797 , Mar. 25, 2021; 86 FR 18159 , Apr. 7, 2021; 87 FR 397 , Jan. 5, 2022; 88 FR 784 , Jan. 5, 2023; 88 FR 40116 , June 21, 2023; 89 FR 2149 , Jan. 12, 2024; 89 FR 4162 , Jan. 22, 2024] § 1.83 Applications for radio operator licenses. ( a ) Application filing procedures for amateur radio operator licenses are set forth in part 97 of this chapter . ( b ) Application filing procedures for commercial radio operator licenses are set forth in part 13 of this chapter . Detailed information about application forms, filing procedures, and where to file applications for commercial radio operator licenses is contained in the bulletin “Commercial Radio Operator Licenses and Permits.” This bulletin is available from the Commission's Forms Distribution Center by calling 1-800-418-FORM (3676). [ 47 FR 53378 , Nov. 26, 1982, as amended at 58 FR 13021 , Mar. 9, 1993; 63 FR 68920 , Dec. 14, 1998] § 1.85 Suspension of operator licenses. Whenever grounds exist for suspension of an operator license, as provided in section 303(m) of the Communications Act, the Chief of the Wireless Telecommunications Bureau, with respect to amateur and commercial radio operator licenses, may issue an order suspending the operator license. No order of suspension of any operator's license shall take effect until 15 days' notice in writing of the cause for the proposed suspension has been given to the operator licensee, who may make written application to the Commission at any time within the said 15 days for a hearing upon such order. The notice to the operator licensee shall not be effective until actually received by him, and from that time he shall have 15 days in which to email the said application. In the event that conditions prevent emailing of the application before the expiration of the 15-day period, the application shall then be emailed as soon as possible thereafter, accompanied by a satisfactory explanation of the delay. Upon receipt by the Commission of such application for hearing, said order of suspension shall be designated for hearing by the Chief, Wireless Telecommunications Bureau and said suspension shall be held in abeyance until the conclusion of the hearing. Upon the conclusion of said hearing, the Commission may affirm, modify, or revoke said order of suspension. If the license is ordered suspended, the operator shall send his operator license to the Mobility Division, Wireless Telecommunications Bureau, in Washington, DC, on or before the effective date of the order, or, if the effective date has passed at the time notice is received, the license shall be sent to the Commission forthwith. [ 85 FR 85529 , Dec. 29, 2020] § 1.87 Modification of license or construction permit on motion of the Commission. ( a ) Whenever it appears that a station license or construction permit should be modified, the Commission shall notify the licensee or permittee in writing of the proposed action and reasons therefor, and afford the licensee or permittee at least thirty days to protest such proposed order of modification, except that, where safety of life or property is involved, the Commission may by order provide a shorter period of time. ( b ) The notification required in paragraph (a) of this section may be effectuated by a notice of proposed rulemaking in regard to a modification or addition of an FM or television channel to the Table of Allotments ( §§ 73.202 and 73.504 of this chapter ) or Table of Assignments ( § 73.606 of this chapter ). The Commission shall send a copy of any such notice of proposed rulemaking to the affected licensee or permittee by email. For modifications involving Wireless Radio Services, the Commission shall notify the licensee or permittee by email of the proposed action and reasons therefor, and afford the licensee or permittee at least thirty days to protest such proposed order of modification, except that: ( 1 ) Where safety of life or property is involved, the Commission may by order provide a shorter period of time; and ( 2 ) Where the notification required in paragraph (a) of this section is effectuated by publication in the Federal Register, the Commission shall afford the licensee or permittee at least thirty days after publication in the Federal Register to protest such proposed order of modification. ( c ) Any other licensee or permittee who believes that its license or permit would be modified by the proposed action may also protest the proposed action before its effective date. ( d ) Any protest filed pursuant to this section shall be subject to the requirements of section 309 of the Communications Act of 1934, as amended, for petitions to deny. ( e ) In any case where a hearing proceeding is conducted pursuant to the provisions of this section, both the burden of proceeding with the introduction of evidence and the burden of proof shall be upon the Commission except that, with respect to any issue that pertains to the question of whether the proposed action would modify the license or permit of a person filing a protest pursuant to paragraph (c) of this section, such burdens shall be as described by the Commission. ( f ) In order to use the right to a hearing and the opportunity to give evidence upon the issues specified in any order designating a matter for hearing, any licensee, or permittee, itself or by counsel, shall, within the period of time as may be specified in that order, file with the Commission a written appearance stating that it will present evidence on the matters specified in the order and, if required, appear before the presiding officer at a date and time to be determined. ( g ) The right to file a protest or the right to a hearing proceeding shall, unless good cause is shown in a petition to be filed not later than 5 days before the lapse of time specified in paragraph (a) or (f) of this section, be deemed waived: ( 1 ) In case of failure to timely file the protest as required by paragraph (a) of this section or a written statement as required by paragraph (f) of this section. ( 2 ) In case of filing a written statement provided for in paragraph (f) of this section but failing to appear at the hearing, either in person or by counsel. ( h ) Where the right to file a protest or have a hearing is waived, the licensee or permittee will be deemed to have consented to the modification as proposed and a final decision may be issued by the Commission accordingly. Irrespective of any waiver as provided for in paragraph (g) of this section or failure by the licensee or permittee to raise a substantial and material question of fact concerning the proposed modification in his protest, the Commission may, on its own motion, designate the proposed modification for hearing in accordance with this section. ( i ) Any order of modification issued pursuant to this section shall include a statement of the findings and the grounds and reasons therefor, shall specify the effective date of the modification, and shall be served on the licensee or permittee. [ 52 FR 22654 , June 15, 1987, as amended at 85 FR 63172 , Oct. 6, 2020; 85 FR 85529 , Dec. 29, 2020] § 1.88 Predesignation pleading procedure. In cases where an investigation is being conducted by the Commission in connection with the operation of a broadcast station or a pending application for renewal of a broadcast license, the licensee may file a written statement to the Commission setting forth its views regarding the matters under investigation; the staff, in its discretion, may in writing, advise such licensee of the general nature of the investigation, and advise the licensee of its opportunity to submit such a statement to the staff. Any filing by the licensee will be forwarded to the Commission in conjunction with any staff memorandum recommending that the Commission take action as a result of the invesigation. Nothing in this rule shall supersede the application of our ex parte rules to situations described in § 1.1203 of these rules. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; ( 47 U.S.C. 154 , 303 , 307 )) [ 45 FR 65597 , Oct. 3, 1980] § 1.89 Notice of violations. ( a ) Except in cases of willfulness or those in which public health, interest, or safety requires otherwise, any person who holds a license, permit or other authorization appearing to have violated any provision of the Communications Act or any provision of this chapter will, before revocation, suspension, or cease and desist proceedings are instituted, be served with a written notice calling these facts to his or her attention and requesting a statement concerning the matter. FCC Form 793 may be used for this purpose. The Notice of Violation may be combined with a Notice of Apparent Liability to Monetary Forfeiture. In such event, notwithstanding the Notice of Violation, the provisions of § 1.80 apply and not those of § 1.89 . ( b ) Within 10 days from receipt of notice or such other period as may be specified, the recipient shall send a written answer, in duplicate, directly to the Commission office originating the official notice. If an answer cannot be sent or an acknowledgment cannot be made within such 10-day period by reason of illness or other unavoidable circumstance, acknowledgment and answer shall be made at the earliest practicable date with a satisfactory explanation of the delay. ( c ) The answer to each notice shall be complete in itself and shall not be abbreviated by reference to other communications or answers to other notices. In every instance the answer shall contain a statement of action taken to correct the condition or omission complained of and to preclude its recurrence. In addition: ( 1 ) If the notice relates to violations that may be due to the physical or electrical characteristics of transmitting apparatus and any new apparatus is to be installed, the answer shall state the date such apparatus was ordered, the name of the manufacturer, and the promised date of delivery. If the installation of such apparatus requires a construction permit, the file number of the application shall be given, or if a file number has not been assigned by the Commission, such identification shall be given as will permit ready identification of the application. ( 2 ) If the notice of violation relates to lack of attention to or improper operation of the transmitter, the name and license number of the operator in charge (where applicable) shall be given. [ 48 FR 24890 , June 3, 1983] § 1.91 Revocation and/or cease and desist proceedings; hearings. ( a ) If it appears that a station license or construction permit should be revoked and/or that a cease and desist order should be issued, the Commission will issue an order directing the person to show cause why an order of revocation and/or a cease and desist order, as the facts may warrant, should not be issued. ( b ) An order to show cause why an order of revocation and/or a cease and desist order should not be issued will designate for hearing the matters with respect to which the Commission is inquiring and will call upon the person to whom it is directed (the respondent) to file with the Commission a written appearance stating that the respondent will present evidence upon the matters specified in the order to show cause and, if required, appear before a presiding officer at a time and place to be determined, but no earlier than thirty days after the receipt of such order. However, if safety of life or property is involved, the order to show cause may specify a deadline of less than thirty days from the receipt of such order. ( c ) To avail themselves of such opportunity for a hearing, respondents, personally or by counsel, shall file with the Commission, within twenty days of the mailing of the order or such shorter period as may be specified therein, a written appearance stating that they will present evidence on the matters specified in the order and, if required, appear before the presiding officer at a time and place to be determined. The presiding officer in his or her discretion may accept a late-filed appearance. However, a written appearance tendered after the specified time has expired will not be accepted unless accompanied by a petition stating with particularity the facts and reasons relied on to justify such late filing. Such petition for acceptance of a late-filed appearance will be granted only if the presiding officer determines that the facts and reasons stated therein constitute good cause for failure to file on time. ( d ) Hearing proceedings on the matters specified in such orders to show cause shall accord with the practice and procedure prescribed in this subpart and subpart B of this part , with the following exceptions: ( 1 ) In all such revocation and/or cease and desist hearings, the burden of proceeding with the introduction of evidence and the burden of proof shall be upon the Commission; and ( 2 ) The Commission may specify in a show cause order, when the circumstances of the proceeding require expedition, a time less than that prescribed in §§ 1.276 and 1.277 within which the initial decision in the proceeding shall become effective, exceptions to such initial decision must be filed, parties must file requests for oral argument, and parties must file notice of intention to participate in oral argument. ( e ) Correction of or promise to correct the conditions or matters complained of in a show cause order shall not preclude the issuance of a cease and desist order. Corrections or promises to correct the conditions or matters complained of, and the past record of the licensee, may, however, be considered in determining whether a revocation and/or a cease and desist order should be issued. ( f ) Any order of revocation and/or cease and desist order issued after hearing pursuant to this section shall include a statement of findings and the grounds therefor, shall specify the effective date of the order, and shall be served on the person to whom such order is directed. (Sec. 312, 48 Stat. 1086, as amended; 47 U.S.C. 312 ) [ 28 FR 12415 , Nov. 22, 1963, as amended at 85 FR 63172 , Oct. 6, 2020] § 1.92 Revocation and/or cease and desist proceedings; after waiver of hearing. ( a ) After the issuance of an order to show cause, pursuant to § 1.91 , designating a matter for hearing, the occurrence of any one of the following events or circumstances will constitute a waiver of such hearing and the proceeding thereafter will be conducted in accordance with the provisions of this section. ( 1 ) The respondent fails to file a timely written appearance as prescribed in § 1.91(c) indicating that the respondent will present evidence on the matters specified in the order and, if required by the order, that the respondent will appear before the presiding officer. ( 2 ) The respondent, having filed a timely written appearance as prescribed in § 1.91(c) , fails in fact to present evidence on the matters specified in the order or appear before the presiding officer in person or by counsel at the time and place duly scheduled. ( 3 ) The respondent files with the Commission, within the time specified for a written appearance in § 1.91(c) , a written statement expressly waiving his or her rights to a hearing. ( b ) When a hearing is waived under the provisions of paragraph (a) (1) or (3) of this section, a written statement signed by the respondent denying or seeking to mitigate or justify the circumstances or conduct complained of in the order to show cause may be submitted within the time specified in § 1.91(c) . The Commission in its discretion may accept a late statement. However, a statement tendered after the specified time has expired will not be accepted unless accompanied by a petition stating with particularity the facts and reasons relied on to justify such late filing. Such petitions for acceptance of a late statement will be granted only if the Commission determines that the facts and reasons stated therein constitute good cause for failure to file on time. ( c ) Whenever a hearing is waived by the occurrence of any of the events or circumstances listed in paragraph (a) of this section, the presiding officer shall, at the earliest practicable date, issue an order reciting the events or circumstances constituting a waiver of hearing and terminating the hearing proceeding. A presiding officer other than the Commission also shall certify the case to the Commission. Such order shall be served upon the respondent. ( d ) After a hearing proceeding has been terminated pursuant to paragraph (c) of this section, the Commission will act upon the matters specified in the order to show cause in the regular course of business. The Commission will determine on the basis of all the information available to it from any source, including such further proceedings as may be warranted, if a revocation order and/or a cease and desist order should issue, and if so, will issue such order. Otherwise, the Commission will issue an order dismissing the proceeding. All orders specified in this paragraph will include a statement of the findings of the Commission and the grounds and reasons therefor, will specify the effective date thereof, and will be served upon the respondent. ( e ) Corrections or promise to correct the conditions or matters complained of in a show cause order shall not preclude the issuance of a cease and desist order. Corrections or promises to correct the conditions or matters complained of, and the past record of the licensee, may, however, be considered in determining whether a revocation and/or a cease and desist order should be issued. (Sec. 312, 48 Stat. 1086, as amended; 47 U.S.C. 312 ) [ 28 FR 12415 , Nov. 22, 1963, as amended at 29 FR 6443 , May 16, 1964; 37 FR 19372 , Sept. 20, 1972; 85 FR 63173 , Oct. 6, 2020] § 1.93 Consent orders. ( a ) As used in this subpart, a “consent order” is a formal decree accepting an agreement between a party to an adjudicatory hearing proceeding held to determine whether that party has violated statutes or Commission rules or policies and the appropriate operating Bureau, with regard to such party's future compliance with such statutes, rules or policies, and disposing of all issues on which the proceeding was designated for hearing. The order is issued by the officer designated to preside at the hearing proceeding. ( b ) Where the interests of timely enforcement or compliance, the nature of the proceeding, and the public interest permit, the Commission, by its operating Bureaus, may negotiate a consent order with a party to secure future compliance with the law in exchange for prompt disposition of a matter subject to administrative adjudicative proceedings. Consent orders may not be negotiated with respect to matters which involve a party's basic statutory qualifications to hold a license (see 47 U.S.C. 308 and 309 ). [ 41 FR 14871 , Apr. 8, 1976, as amended at 85 FR 63173 , Oct. 6, 2020] § 1.94 Consent order procedures. ( a ) Negotiations leading to a consent order may be initiated by the operating Bureau or by a party whose possible violations are issues in the proceeding. Negotiations may be initiated at any time after designation of a proceeding for hearing. If negotiations are initiated the presiding officer shall be notified. Parties shall be prepared at the initial prehearing conference to state whether they are at that time willing to enter negotiations. See § 1.248(c)(7) . If either party is unwilling to enter negotiations, the hearing proceeding shall proceed. If the parties agree to enter negotiations, they will be afforded an appropriate opportunity to negotiate before the hearing is commenced. ( b ) Other parties to the proceeding are entitled, but are not required, to participate in the negotiations, and may join in any agreement which is reached. ( c ) Every agreement shall contain the following: ( 1 ) An admission of all jurisdictional facts; ( 2 ) A waiver of the usual procedures for preparation and review of an initial decision; ( 3 ) A waiver of the right of judicial review or otherwise to challenge or contest the validity of the consent order; ( 4 ) A statement that the designation order may be used in construing the consent order; ( 5 ) A statement that the agreement shall become a part of the record of the proceeding only if the consent order is signed by the presiding officer and the time for review has passed without rejection of the order by the Commission; ( 6 ) A statement that the agreement is for purposes of settlement only and that its signing does not constitute an admission by any party of any violation of law, rules or policy (see 18 U.S.C. 6002 ); and ( 7 ) A draft order for signature of the presiding officer resolving by consent, and for the future, all issues specified in the designation order. ( d ) If agreement is reached, it shall be submitted to the presiding officer, who shall either sign the order, reject the agreement, or suggest to the parties that negotiations continue on such portion of the agreement as the presiding officer considers unsatisfactory or on matters not reached in the agreement. If the presiding officer signs the consent order, the record shall be closed. If the presiding officer rejects the agreement, the hearing proceeding shall continue. If the presiding officer suggests further negotiations and the parties agree to resume negotiating, the presiding officer may, in his or her discretion, decide whether to hold the hearing proceeding in abeyance pending the negotiations. ( e ) Any party to the proceeding who has not joined in any agreement which is reached may appeal the consent order under § 1.302 , and the Commission may review the agreement on its own motion under the provisions of that section. If the Commission rejects the consent order, the proceeding will be remanded for further proceedings. If the Commission does not reject the consent order, it shall be entered in the record as a final order and is subject to judicial review on the initiative only of parties to the proceeding who did not join in the agreement. The Commission may revise the agreement and consent order. In that event, private parties to the agreement may either accept the revision or withdraw from the agreement. If the party whose possible violations are issues in the proceeding withdraws from the agreement, the consent order will not be issued or made a part of the record, and the proceeding will be remanded for further proceedings. ( f ) The provisions of this section shall not alter any existing procedure for informal settlement of any matter prior to designation for hearing (see, e.g., 47 U.S.C. 208 ) or for summary decision after designation for hearing. ( g ) Consent orders, pleadings relating thereto, and Commission orders with respect thereto shall be served on parties to the proceeding. Public notice will be given of orders issued by the Commission or by the presiding officer. Negotiating papers constitute work product, are available to parties participating in negotiations, but are not routinely available for public inspection. [ 41 FR 14871 , Apr. 8, 1976, as amended at 85 FR 63173 , Oct. 6, 2020] § 1.95 Violation of consent orders. Violation of a consent order shall subject the consenting party to any and all sanctions which could have been imposed in the proceeding resulting in the consent order if all of the issues in that proceeding had been decided against the consenting party and to any further sanctions for violation noted as agreed upon in the consent order. The Commission shall have the burden of showing that the consent order has been violated in some (but not in every) respect. Violation of the consent order and the sanctions to be imposed shall be the only issues considered in a proceeding concerning such an alleged violation. [ 41 FR 14871 , Apr. 8, 1976] Reconsideration and Review of Actions Taken by the Commission and Pursuant to Delegated Authority; Effective Dates and Finality Dates of Actions § 1.101 General provisions. Under section 5(c) of the Communications Act of 1934, as amended, the Commission is authorized, by rule or order, to delegate certain of its functions to a panel of commissioners, an individual commissioner, an employee board, or an individual employee. Section 0.201(a) of this chapter describes in general terms the basic categories of delegations which are made by the Commission. Subpart B of part 0 of this chapter sets forth all delegations which have been made by rule. Sections 1.102 through 1.117 set forth procedural rules governing reconsideration and review of actions taken pursuant to authority delegated under section 5(c) of the Communications Act, and reconsideration of actions taken by the Commission. As used in §§ 1.102 through 1.117 , the term designated authority means any person, panel, or board which has been authorized by rule or order to exercise authority under section 5(c) of the Communications Act. [ 76 FR 70908 , Nov. 16, 2011] § 1.102 Effective dates of actions taken pursuant to delegated authority. ( a ) Final actions following review of an initial decision. ( 1 ) Final decisions of a commissioner, or panel of commissioners following review of an initial decision shall be effective 40 days after public release of the full text of such final decision. ( 2 ) If a petition for reconsideration of such final decision is filed, the effect of the decision is stayed until 40 days after release of the final order disposing of the petition. ( 3 ) If an application for review of such final decision is filed, or if the Commission on its own motion orders the record of the proceeding before it for review, the effect of the decision is stayed until the Commission's review of the proceeding has been completed. ( b ) Non-hearing and interlocutory actions. ( 1 ) Non-hearing or interlocutory actions taken pursuant to delegated authority shall, unless otherwise ordered by the designated authority, be effective upon release of the document containing the full text of such action, or in the event such a document is not released, upon release of a public notice announcing the action in question. ( 2 ) If a petition for reconsideration of a non-hearing action is filed, the designated authority may in its discretion stay the effect of its action pending disposition of the petition for reconsideration. Petitions for reconsideration of interlocutory actions will not be entertained. ( 3 ) If an application for review of a non-hearing or interlocutory action is filed, or if the Commission reviews the action on its own motion, the Commission may in its discretion stay the effect of any such action until its review of the matters at issue has been completed. [ 28 FR 12415 , Nov. 22, 1963, as amended at 62 FR 4170 , Jan. 29, 1997] § 1.103 Effective dates of Commission actions; finality of Commission actions. ( a ) Unless otherwise specified by law or Commission rule (e.g. §§ 1.102 and 1.427 ), the effective date of any Commission action shall be the date of public notice of such action as that latter date is defined in § 1.4(b) of these rules: Provided, That the Commission may, on its own motion or on motion by any party, designate an effective date that is either earlier or later in time than the date of public notice of such action. The designation of an earlier or later effective date shall have no effect on any pleading periods. ( b ) Notwithstanding any determinations made under paragraph (a) of this section, Commission action shall be deemed final, for purposes of seeking reconsideration at the Commission or judicial review, on the date of public notice as defined in § 1.4(b) of these rules. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154 , 303 , 307 ) [ 46 FR 18556 , Mar. 25, 1981] § 1.104 Preserving the right of review; deferred consideration of application for review. ( a ) The provisions of this section apply to all final actions taken pursuant to delegated authority, including final actions taken by members of the Commission's staff on nonhearing matters. They do not apply to interlocutory actions of a presiding officer in hearing proceedings, or to orders designating a matter for hearing issued under delegated authority. See §§ 1.106(a) and 1.115(e) . ( b ) Any person desiring Commission consideration of a final action taken pursuant to delegated authority shall file either a petition for reconsideration or an application for review (but not both) within 30 days from the date of public notice of such action, as that date is defined in § 1.4(b) . The petition for reconsideration will be acted on by the designated authority or referred by such authority to the Commission: Provided that a petition for reconsideration of an order designating a matter for hearing will in all cases be referred to the Commission. The application for review will be acted upon by the Commission, except in those cases where a Bureau or Office has been delegated authority to dismiss an application for review. Note: In those cases where the Commission does not intend to release a document containing the full text of its action, it will state that fact in the public notice announcing its action. ( c ) If in any matter one party files a petition for reconsideration and a second party files an application for review, the Commission will withhold action on the application for review until final action has been taken on the petition for reconsideration. ( d ) Any person who has filed a petition for reconsideration may file an application for review within 30 days from the date of public notice of such action, as that date is defined in § 1.4(b) of these rules. If a petition for reconsideration has been filed, any person who has filed an application for review may: ( 1 ) Withdraw his application for review, or ( 2 ) substitute an amended application therefor. [ 28 FR 12415 , Nov. 22, 1963, as amended at 41 FR 14871 , Apr. 8, 1976; 44 FR 60294 , Oct. 19, 1979; 46 FR 18556 , Mar. 25, 1981; 62 FR 4170 , Jan. 29, 1997; 85 FR 63173 , Oct. 6, 2020; 86 FR 12547 , Mar. 4, 2021] § 1.106 Petitions for reconsideration in non-rulemaking proceedings. ( a ) ( 1 ) Except as provided in paragraphs (b)(3) and (p) of this section, petitions requesting reconsideration of a final Commission action in non-rulemaking proceedings will be acted on by the Commission. Petitions requesting reconsideration of other final actions taken pursuant to delegated authority will be acted on by the designated authority or referred by such authority to the Commission. A petition for reconsideration of an order designating a case for hearing will be entertained if, and insofar as, the petition relates to an adverse ruling with respect to petitioner's participation in the proceeding. Petitions for reconsideration of other interlocutory actions will not be entertained. (For provisions governing reconsideration of Commission action in notice and comment rulemaking proceedings, see § 1.429 . This § 1.106 does not govern reconsideration of such actions.) ( 2 ) Within the period allowed for filing a petition for reconsideration, any party to the proceeding may request the presiding officer to certify to the Commission the question as to whether, on policy in effect at the time of designation or adopted since designation, and undisputed facts, a hearing should be held. If the presiding officer finds that there is substantial doubt, on established policy and undisputed facts, that a hearing should be held, he will certify the policy question to the Commission with a statement to that effect. No appeal may be filed from an order denying such a request. See also, §§ 1.229 and 1.251 . ( b ) ( 1 ) Subject to the limitations set forth in paragraph (b)(2) of this section, any party to the proceeding, or any other person whose interests are adversely affected by any action taken by the Commission or by the designated authority, may file a petition requesting reconsideration of the action taken. If the petition is filed by a person who is not a party to the proceeding, it shall state with particularity the manner in which the person's interests are adversely affected by the action taken, and shall show good reason why it was not possible for him to participate in the earlier stages of the proceeding. ( 2 ) Where the Commission has denied an application for review, a petition for reconsideration will be entertained only if one or more of the following circumstances are present: ( i ) The petition relies on facts or arguments which relate to events which have occurred or circumstances which have changed since the last opportunity to present such matters to the Commission; or ( ii ) The petition relies on facts or arguments unknown to petitioner until after his last opportunity to present them to the Commission, and he could not through the exercise of ordinary diligence have learned of the facts or arguments in question prior to such opportunity. ( 3 ) A petition for reconsideration of an order denying an application for review which fails to rely on new facts or changed circumstances may be dismissed by the staff as repetitious. ( c ) In the case of any order other than an order denying an application for review, a petition for reconsideration which relies on facts or arguments not previously presented to the Commission or to the designated authority may be granted only under the following circumstances: ( 1 ) The facts or arguments fall within one or more of the categories set forth in § 1.106(b)(2) ; or ( 2 ) The Commission or the designated authority determines that consideration of the facts or arguments relied on is required in the public interest. ( d ) ( 1 ) A petition for reconsideration shall state with particularity the respects in which petitioner believes the action taken by the Commission or the designated authority should be changed. The petition shall state specifically the form of relief sought and, subject to this requirement, may contain alternative requests. ( 2 ) A petition for reconsideration of a decision that sets forth formal findings of fact and conclusions of law shall also cite the findings and/or conclusions which petitioner believes to be erroneous, and shall state with particularity the respects in which he believes such findings and/or conclusions should be changed. The petition may request that additional findings of fact and/or conclusions of law be made. ( e ) Where a petition for reconsideration is based upon a claim of electrical interference, under appropriate rules in this chapter, to an existing station or a station for which a construction permit is outstanding, such petition, in addition to meeting the other requirements of this section, must be accompanied by an affidavit of a qualified radio engineer. Such affidavit shall show, either by following the procedures set forth in this chapter for determining interference in the absence of measurements, or by actual measurements made in accordance with the methods prescribed in this chapter, that electrical interference will be caused to the station within its normally protected contour. ( f ) The petition for reconsideration and any supplement thereto shall be filed within 30 days from the date of public notice of the final Commission action, as that date is defined in § 1.4(b) of these rules, and shall be served upon parties to the proceeding. The petition for reconsideration shall not exceed 25 double spaced typewritten pages. No supplement or addition to a petition for reconsideration which has not been acted upon by the Commission or by the designated authority, filed after expiration of the 30 day period, will be considered except upon leave granted upon a separate pleading for leave to file, which shall state the grounds therefor. ( g ) Oppositions to a petition for reconsideration shall be filed within 10 days after the petition is filed, and shall be served upon petitioner and parties to the proceeding. Oppositions shall not exceed 25 double spaced typewritten pages. ( h ) Petitioner may reply to oppositions within seven days after the last day for filing oppositions, and any such reply shall be served upon parties to the proceeding. Replies shall not exceed 10 double spaced typewritten pages, and shall be limited to matters raised in the opposition. ( i ) Petitions for reconsideration, oppositions, and replies shall conform to the requirements of §§ 1.49 , 1.51 , and 1.52 and, except for those related to licensing matters in the Wireless Radio Service and addressed in paragraph (o) of this section, shall be submitted to the Secretary, Federal Communications Commission, Washington, DC 20554, by mail, by commercial courier, by hand, or by electronic submission through the Commission's Electronic Comment Filing System or other electronic filing system (such as ULS). Petitions submitted only by electronic mail and petitions submitted directly to staff without submission to the Secretary shall not be considered to have been properly filed. Parties filing in electronic form need only submit one copy. ( j ) The Commission or designated authority may grant the petition for reconsideration in whole or in part or may deny or dismiss the petition. Its order will contain a concise statement of the reasons for the action taken. Where the petition for reconsideration relates to an instrument of authorization granted without hearing, the Commission or designated authority will take such action within 90 days after the petition is filed. ( k ) ( 1 ) If the Commission or the designated authority grants the petition for reconsideration in whole or in part, it may, in its decision: ( i ) Simultaneously reverse or modify the order from which reconsideration is sought; ( ii ) Remand the matter to a bureau or other Commission personnel for such further proceedings, including rehearing, as may be appropriate; or ( iii ) Order such other proceedings as may be necessary or appropriate. ( 2 ) If the Commission or designated authority initiates further proceedings, a ruling on the merits of the matter will be deferred pending completion of such proceedings. Following completion of such further proceedings, the Commission or designated authority may affirm, reverse, or modify its original order, or it may set aside the order and remand the matter for such further proceedings, including rehearing, as may be appropriate. ( 3 ) Any order disposing of a petition for reconsideration which reverses or modifies the original order is subject to the same provisions with respect to reconsideration as the original order. In no event, however, shall a ruling which denies a petition for reconsideration be considered a modification of the original order. A petition for reconsideration of an order which has been previously denied on reconsideration may be dismissed by the staff as repetitious. Note: For purposes of this section, the word “order” refers to that portion of its action wherein the Commission announces its judgment. This should be distinguished from the “memorandum opinion” or other material which often accompany and explain the order. ( l ) No evidence other than newly discovered evidence, evidence which has become available only since the original taking of evidence, or evidence which the Commission or the designated authority believes should have been taken in the original proceeding shall be taken on any rehearing ordered pursuant to the provisions of this section. ( m ) The filing of a petition for reconsideration is not a condition precedent to judicial review of any action taken by the Commission or by the designated authority, except where the person seeking such review was not a party to the proceeding resulting in the action, or relies on questions of fact or law upon which the Commission or designated authority has been afforded no opportunity to pass. (See § 1.115(c) .) Persons in those categories who meet the requirements of this section may qualify to seek judicial review by filing a petition for reconsideration. ( n ) Without special order of the Commission, the filing of a petition for reconsideration shall not excuse any person from complying with or obeying any decision, order, or requirement of the Commission, or operate in any manner to stay or postpone the enforcement thereof. However, upon good cause shown, the Commission will stay the effectiveness of its order or requirement pending a decision on the petition for reconsideration. (This paragraph applies only to actions of the Commission en banc. For provisions applicable to actions under delegated authority, see § 1.102 .) ( o ) Petitions for reconsideration of licensing actions, as well as oppositions and replies thereto, that are filed with respect to the Wireless Radio Services, must be filed electronically via ULS. ( p ) Petitions for reconsideration of a Commission action that plainly do not warrant consideration by the Commission may be dismissed or denied by the relevant bureau(s) or office(s). Examples include, but are not limited to, petitions that: ( 1 ) Fail to identify any material error, omission, or reason warranting reconsideration; ( 2 ) Rely on facts or arguments which have not previously been presented to the Commission and which do not meet the requirements of paragraphs (b)(2) , (b)(3) , or (c) of this section; ( 3 ) Rely on arguments that have been fully considered and rejected by the Commission within the same proceeding; ( 4 ) Fail to state with particularity the respects in which petitioner believes the action taken should be changed as required by paragraph (d) of this section; ( 5 ) Relate to matters outside the scope of the order for which reconsideration is sought; ( 6 ) Omit information required by these rules to be included with a petition for reconsideration, such as the affidavit required by paragraph (e) of this section (relating to electrical interference); ( 7 ) Fail to comply with the procedural requirements set forth in paragraphs (f) and (i) of this section; ( 8 ) relate to an order for which reconsideration has been previously denied on similar grounds, except for petitions which could be granted under paragraph (c) of this section; or ( 9 ) Are untimely. (Secs. 4, 303, 307, 405, 48 Stat., as amended, 1066, 1082, 1083, 1095; 47 U.S.C. 154 , 303 , 307 , 405 ) [ 28 FR 12415 , Nov. 22, 1963, as amended at 37 FR 7507 , Apr. 15, 1972; 41 FR 1287 , Jan. 7, 1976; 44 FR 60294 , Oct. 19, 1979; 46 FR 18556 , Mar. 25, 1981; 62 FR 4170 , Jan. 29, 1997; 63 FR 68920 , Dec. 14, 1998; 76 FR 24391 , May 2, 2011; 85 FR 85529 , Dec. 29, 2020] § 1.108 Reconsideration on Commission's own motion. The Commission may, on its own motion, reconsider any action made or taken by it within 30 days from the date of public notice of such action, as that date is defined in § 1.4(b) . When acting on its own motion under this section, the Commission may take any action it could take in acting on a petition for reconsideration, as set forth in § 1.106(k) . [ 76 FR 24392 , May 2, 2011] § 1.110 Partial grants; rejection and designation for hearing. Where the Commission without a hearing grants any application in part, or with any privileges, terms, or conditions other than those requested, or subject to any interference that may result to a station if designated application or applications are subsequently granted, the action of the Commission shall be considered as a grant of such application unless the applicant shall, within 30 days from the date on which such grant is made or from its effective date if a later date is specified, file with the Commission a written request rejecting the grant as made. Upon receipt of such request, the Commission will vacate its original action upon the application and set the application for hearing in the same manner as other applications are set for hearing. § 1.113 Action modified or set aside by person, panel, or board. ( a ) Within 30 days after public notice has been given of any action taken pursuant to delegated authority, the person, panel, or board taking the action may modify or set it aside on its own motion. ( b ) Within 60 days after notice of any sanction imposed under delegated authority has been served on the person affected, the person, panel, or board which imposed the sanction may modify or set it aside on its own motion. ( c ) Petitions for reconsideration and applications for review shall be directed to the actions as thus modified, and the time for filing such pleadings shall be computed from the date upon which public notice of the modified action is given or notice of the modified sanction is served on the person affected. § 1.115 Application for review of action taken pursuant to delegated authority. ( a ) Any person aggrieved by any action taken pursuant to delegated authority may file an application requesting review of that action by the Commission. Any person filing an application for review who has not previously participated in the proceeding shall include with his application a statement describing with particularity the manner in which he is aggrieved by the action taken and showing good reason why it was not possible for him to participate in the earlier stages of the proceeding. Any application for review which fails to make an adequate showing in this respect will be dismissed. ( b ) ( 1 ) The application for review shall concisely and plainly state the questions presented for review with reference, where appropriate, to the findings of fact or conclusions of law. ( 2 ) The application for review shall specify with particularity, from among the following, the factor(s) which warrant Commission consideration of the questions presented: ( i ) The action taken pursuant to delegated authority is in conflict with statute, regulation, case precedent, or established Commission policy. ( ii ) The action involves a question of law or policy which has not previously been resolved by the Commission. ( iii ) The action involves application of a precedent or policy which should be overturned or revised. ( iv ) An erroneous finding as to an important or material question of fact. ( v ) Prejudicial procedural error. ( 3 ) The application for review shall state with particularity the respects in which the action taken by the designated authority should be changed. ( 4 ) The application for review shall state the form of relief sought and, subject to this requirement, may contain alternative requests. ( c ) No application for review will be granted if it relies on questions of fact or law upon which the designated authority has been afforded no opportunity to pass. Note: Subject to the requirements of § 1.106 , new questions of fact or law may be presented to the designated authority in a petition for reconsideration. ( d ) Except as provided in paragraph (e) of this section and in § 0.461(j) of this chapter , the application for review and any supplemental thereto shall be filed within 30 days of public notice of such action, as that date is defined in § 1.4(b) . Opposition to the application shall be filed within 15 days after the application for review is filed. Except as provided in paragraph (e)(1) of this section, replies to oppositions shall be filed within 10 days after the opposition is filed and shall be limited to matters raised in the opposition. ( e ) ( 1 ) Applications for review of an order designating a matter for hearing that was issued under delegated authority shall be deferred until exceptions to the initial decision in the case are filed, unless the presiding officer certifies such an application for review to the Commission. A matter shall be certified to the Commission if the presiding officer determines that the matter involves a controlling question of law as to which there is substantial ground for difference of opinion and that immediate consideration of the question would materially expedite the ultimate resolution of the litigation. A request to certify a matter to the Commission shall be filed with the presiding officer within 5 days after the designation order is released. A ruling refusing to certify a matter to the Commission is not appealable. Any application for review authorized by the presiding officer shall be filed within 5 days after the order certifying the matter to the Commission is released or such a ruling is made. Oppositions shall be filed within 5 days after the application for review is filed. Replies to oppositions shall be filed only if they are requested by the Commission. Replies (if allowed) shall be filed within 5 days after they are requested. The Commission may dismiss, without stating reasons, an application for review that has been certified, and direct that the objections to the order designating the matter for hearing be deferred and raised when exceptions in the initial decision in the case are filed. ( 2 ) Applications for review of final staff decisions issued on delegated authority in formal complaint proceedings on the Enforcement Bureau's Accelerated Docket (see, e.g., § 1.730 ) shall be filed within 15 days of public notice of the decision, as that date is defined in § 1.4(b) . These applications for review oppositions and replies in Accelerated Docket proceedings shall be served on parties to the proceeding by hand or facsimile transmission. ( f ) Applications for review, oppositions, and replies shall conform to the requirements of §§ 1.49 , 1.51 , and 1.52 , and shall be submitted to the Secretary, Federal Communications Commission, Washington, DC 20554. Except as provided below, applications for review and oppositions thereto shall not exceed 25 double-space typewritten pages. Applications for review of interlocutory actions in hearing proceedings (including designation orders) and oppositions thereto shall not exceed 5 double-spaced typewritten pages. When permitted (see paragraph (e)(1) of this section), reply pleadings shall not exceed 5 double-spaced typewritten pages. The application for review shall be served upon the parties to the proceeding. Oppositions to the application for review shall be served on the person seeking review and on parties to the proceeding. When permitted (see paragraph (e)(1) of this section), replies to the opposition(s) to the application for review shall be served on the person(s) opposing the application for review and on parties to the proceeding. ( g ) The Commission may grant the application for review in whole or in part, or it may deny the application with or without specifying reasons therefor. A petition requesting reconsideration of a ruling which denies an application for review will be entertained only if one or more of the following circumstances is present: ( 1 ) The petition relies on facts which related to events which have occurred or circumstances which have changed since the last opportunity to present such matters; or ( 2 ) The petition relies on facts unknown to petitioner until after his last opportunity to present such matters which could not, through the exercise of ordinary diligence, have been learned prior to such opportunity. ( h ) ( 1 ) If the Commission grants the application for review in whole or in part, it may, in its decision: ( i ) Simultaneously reverse or modify the order from which review is sought; ( ii ) Remand the matter to the designated authority for reconsideration in accordance with its instructions, and, if an evidentiary hearing has been held, the remand may be to the person(s) who conducted the hearing; or ( iii ) Order such other proceedings, including briefs and oral argument, as may be necessary or appropriate. ( 2 ) In the event the Commission orders further proceedings, it may stay the effect of the order from which review is sought. (See § 1.102 .) Following the completion of such further proceedings the Commission may affirm, reverse or modify the order from which review is sought, or it may set aside the order and remand the matter to the designated authority for reconsideration in accordance with its instructions. If an evidentiary hearing has been held, the Commission may remand the matter to the person(s) who conducted the hearing for rehearing on such issues and in accordance with such instructions as may be appropriate. Note: For purposes of this section, the word “order” refers to that portion of its action wherein the Commission announces its judgment. This should be distinguished from the “memorandum opinion” or other material which often accompany and explain the order. ( i ) An order of the Commission which reverses or modifies the action taken pursuant to delegated authority is subject to the same provisions with respect to reconsideration as an original order of the Commission. In no event, however, shall a ruling which denies an application for review be considered a modification of the action taken pursuant to delegated authority. ( j ) No evidence other than newly discovered evidence, evidence which has become available only since the original taking of evidence, or evidence which the Commission believes should have been taken in the original proceeding shall be taken on any rehearing ordered pursuant to the provisions of this section. ( k ) The filing of an application for review shall be a condition precedent to judicial review of any action taken pursuant to delegated authority. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154 , 303 , 307 ) [ 28 FR 12415 , Nov. 22, 1963, as amended at 41 FR 14871 , Apr. 8, 1976; 44 FR 60295 , Oct. 19, 1979; 46 FR 18556 , Mar. 25, 1981; 48 FR 12719 , Mar. 28, 1983; 50 FR 39000 , Sept. 26, 1985; 54 FR 40392 , Oct. 2, 1989; 55 FR 36641 , Sept. 6, 1990; 57 FR 19387 , May 6, 1992; 62 FR 4170 , Jan. 29, 1997; 63 FR 41446 , Aug. 4, 1998; 67 FR 13223 , Mar. 21, 2002; 76 FR 70908 , Nov. 16, 2011; 82 FR 4197 , Jan. 13, 2017; 85 FR 63173 , Oct. 6, 2020] § 1.117 Review on motion of the Commission. ( a ) Within 40 days after public notice is given of any action taken pursuant to delegated authority, the Commission may on its own motion order the record of the proceeding before it for review. ( b ) If the Commission reviews the proceeding on its own motion, it may order such further procedure as may be useful to it in its review of the action taken pursuant to delegated authority. ( c ) With or without such further procedure, the Commission may either affirm, reverse, modify, or set aside the action taken, or remand the proceeding to the designated authority for reconsideration in accordance with its instructions. If an evidentiary hearing has been held, the Commission may remand the proceeding to the person(s) who conducted the hearing for rehearing on such issues and in accordance with such instructions as may be appropriate. An order of the Commission which reverses or modifies the action taken pursuant to delegated authority, or remands the matter for further proceedings, is subject to the same provisions with respect to reconsideration as an original action of the Commission. Subpart B—Hearing Proceedings Source: 28 FR 12425 , Nov. 22, 1963, unless otherwise noted. General § 1.201 Scope. This subpart shall be applicable to the following cases which have been designated for hearing: ( a ) Adjudication (as defined by the Administrative Procedure Act); and ( b ) Rule making proceedings which are required by law to be made on the record after opportunity for a Commission hearing. Note 1 to § 1.201 : For special provisions relating to hearing proceedings under this subpart that the Commission determines shall be conducted and resolved on a written record, see §§ 1.370 through 1.377 . Note 2 to § 1.201 : For special provisions relating to AM broadcast station applications involving other North American countries see § 73.23 . [ 28 FR 12425 , Nov. 22, 1963, as amended at 51 FR 32088 , Sept. 9, 1986; 85 FR 63174 , Oct. 6, 2020] § 1.202 Official reporter; transcript. The Commission will designate an official reporter for the recording and transcribing of hearing proceedings as necessary. Transcripts will be transmitted to the Secretary for inclusion in the Commission's Electronic Comment Filing System. [ 85 FR 63174 , Oct. 6, 2020] § 1.203 The record. The evidence submitted by the parties, together with all papers and requests filed in the proceeding and any transcripts, shall constitute the exclusive record for decision. Where any decision rests on official notice of a material fact not appearing in the record, any party shall on timely request be afforded an opportunity to show the contrary. ( 5 U.S.C. 556 ; 47 U.S.C. 154 , 159 , 208 , 209 , 214 , 309 , 312 , 316 , and 409 ) [ 85 FR 63174 , Oct. 6, 2020] § 1.204 Pleadings; definition. As used in this subpart, the term pleading means any written notice, motion, petition, request, opposition, reply, brief, proposed findings, exceptions, memorandum of law, or other paper filed with the Commission in a hearing proceeding. It does not include exhibits or documents offered in evidence. See § 1.356 . [ 29 FR 8219 , June 30, 1964] § 1.205 Continuances and extensions. Continuances of any proceeding or hearing and extensions of time for making any filing or performing any act required or allowed to be done within a specified time may be granted by the Commission or the presiding officer upon motion for good cause shown, unless the time for performance or filing is limited by statute. § 1.207 Interlocutory matters, reconsideration and review; cross references. ( a ) Rules governing interlocutory pleadings in hearing proceedings are set forth in §§ 1.291 through 1.298 . ( b ) Rules governing appeal from rulings made by the presiding officer are set forth as §§ 1.301 and 1.302 . ( c ) Rules governing the reconsideration and review of actions taken pursuant to delegated authority, and the reconsideration of actions taken by the Commission, are set forth in §§ 1.101 through 1.117 . [ 28 FR 12425 , Nov. 22, 1963, as amended at 29 FR 6443 , May 16, 1964; 36 FR 19439 , Oct. 6, 1971; 76 FR 70908 , Nov. 16, 2011] § 1.209 Identification of responsible officer in caption to pleading. Each pleading filed in a hearing proceeding shall indicate in its caption whether it is to be acted upon by the Commission or, if the Commission is not the presiding officer, by the presiding officer. Unless it is to be acted upon by the Commission, the presiding officer shall be identified by name. [ 85 FR 63174 , Oct. 6, 2020] § 1.210 Electronic filing. All pleadings filed in a hearing proceeding, as well as all letters, documents, or other written submissions, shall be filed using the Commission's Electronic Comment Filing System, excluding confidential material as set forth in § 1.314 . A courtesy copy of all submissions shall be contemporaneously provided to the presiding officer, as directed by the Commission. [ 85 FR 63174 , Oct. 6, 2020] § 1.211 Service. Except as otherwise expressly provided in this chapter, all pleadings filed in a hearing proceeding shall be served upon all other counsel in the proceeding or, if a party is not represented by counsel, then upon such party. All such papers shall be accompanied by proof of service. For provisions governing the manner of service, see § 1.47 . [ 29 FR 8219 , June 30, 1964] Participants and Issues § 1.221 Notice of hearing; appearances. ( a ) Upon designation of an application for hearing, the Commission issues an order containing the following: ( 1 ) A statement as to the reasons for the Commission's action. ( 2 ) A statement as to the matters of fact and law involved, and the issues upon which the application will be heard. ( 3 ) A statement as to the time, place, and nature of the hearing. (If the time and place are not specified, the order will indicate that the time and place will be specified at a later date.) ( 4 ) A statement as to the legal authority and jurisdiction under which the hearing is to be held. ( b ) The order designating an application for hearing shall be mailed to the applicant and the order, or a summary thereof, shall be published in the Federal Register. Reasonable notice of hearing will be given to the parties in all proceedings. ( c ) In order to avail themselves of the opportunity to be heard, applicants or their attorney shall file, within 20 days of the mailing of the order designating a matter for hearing, a written appearance stating that the applicant will present evidence on the matters specified in the order and, if required by the order, appear before the presiding officer at a date and time to be determined. Where an applicant fails to file such a written appearance within the time specified, or has not filed prior to the expiration of that time a petition to dismiss without prejudice, or a petition to accept, for good cause shown, such written appearance beyond expiration of said 20 days, the application will be dismissed with prejudice for failure to prosecute. ( d ) The Commission will on its own motion name as parties to the hearing proceeding any person found to be a party in interest. ( e ) In order to avail themselves of the opportunity to be heard, any persons named as parties pursuant to paragraph (d) of this section shall, within 20 days of the mailing of the order designating them as parties to a hearing proceeding, file personally or by attorney a written appearance that they will present evidence on the matters specified in the order and, if required by the order, appear before the presiding officer at a date and time to be determined. Any persons so named who fail to file this written appearance within the time specified, shall, unless good cause for such failure is shown, forfeit their hearing rights. ( f ) ( 1 ) For program carriage complaints filed pursuant to § 76.1302 of this chapter that the Chief, Media Bureau refers to a presiding officer, each party, in person or by attorney, shall file a written appearance within five calendar days after the party informs the presiding officer that it elects not to pursue alternative dispute resolution pursuant to § 76.7(g)(2) of this chapter or, if the parties have mutually elected to pursue alternative dispute resolution pursuant to § 76.7(g)(2) of this chapter , within five calendar days after the parties inform the presiding officer that they have failed to resolve their dispute through alternative dispute resolution. The written appearance shall state that the party will appear for hearing and present evidence on the issues specified in the hearing designation order. ( 2 ) If the complainant fails to file a written appearance by this deadline, or fails to file prior to the deadline either a petition to dismiss the proceeding without prejudice or a petition to accept, for good cause shown, a written appearance beyond such deadline, the presiding officer shall dismiss the complaint with prejudice for failure to prosecute. ( 3 ) If the defendant fails to file a written appearance by this deadline, or fails to file prior to this deadline a petition to accept, for good cause shown, a written appearance beyond such deadline, its opportunity to present evidence at hearing will be deemed to have been waived. If the hearing is so waived, the presiding officer shall expeditiously terminate the proceeding and certify to the Commission the complaint for resolution based on the existing record. When the Commission has designated itself as the presiding officer, it shall expeditiously terminate the proceeding and resolve the complaint based on the existing record. ( 5 U.S.C. 554 ; 47 U.S.C. 154 , 159 , 208 , 209 , 214 , 309 , 312 , 316 , and 409 ) [ 28 FR 12424 , Nov. 22, 1963, as amended at 51 FR 19347 , May 29, 1986; 52 FR 5288 , Feb. 20, 1987; 55 FR 19154 , May 8, 1990; 56 FR 25638 , June 5, 1991; 64 FR 60725 , Nov. 8, 1999; 66 FR 47895 , Sept. 14, 2001; 67 FR 13223 , Mar. 21, 2002; 76 FR 60672 , Sept. 29, 2011; 85 FR 63174 , Oct. 6, 2020] § 1.223 Petitions to intervene. ( a ) Where the order designating a matter for hearing has failed to notify and name as a party to the hearing proceeding any person who qualifies as a party in interest, such person may acquire the status of a party by filing, under oath and not more than 30 days after the publication in the Federal Register of the hearing issues or any substantial amendment thereto, a petition for intervention showing the basis of its interest. Where the person's status as a party in interest is established, the petition to intervene will be granted. ( b ) Any other person desiring to participate as a party in any hearing proceeding may file a petition for leave to intervene not later than 30 days after the publication in the Federal Register of the full text or a summary of the order designating the matter for hearing or any substantial amendment thereto. The petition must set forth the interest of petitioner in the proceedings, must show how such petitioner's participation will assist the Commission in the determination of the issues in question, must set forth any proposed issues in addition to those already designated for hearing, and must be accompanied by the affidavit of a person with knowledge as to the facts set forth in the petition. The presiding officer, in his or her discretion, may grant or deny such petition or may permit intervention by such persons limited to a particular stage of the proceeding. ( c ) Any person desiring to file a petition for leave to intervene later than 30 days after the publication in the Federal Register of the full text or a summary of the order designating the matter for hearing or any substantial amendment thereto shall set forth the interest of petitioner in the proceeding, show how such petitioner's participation will assist the Commission in the determination of the issues in question, must set forth any proposed issues in addition to those already designated for hearing, and must set forth reasons why it was not possible to file a petition within the time prescribed by paragraphs (a) and (b) of this section. If, in the opinion of the presiding officer, good cause is shown for the delay in filing, the presiding officer may in his or her discretion grant such petition or may permit intervention limited to particular issues or to a particular stage of the proceeding. (Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309 ) [ 85 FR 63175 , Oct. 6, 2020] § 1.224 Motion to proceed in forma pauperis. ( a ) A motion to proceed in forma pauperis may be filed by an individual, a corporation, and unincorporated entity, an association or other similar group, if the moving party is either of the following: ( 1 ) A respondent in a revocation proceeding, or a renewal applicant, who cannot carry on his livelihood without the radio license at stake in the proceeding; or ( 2 ) An intervenor in a hearing proceeding who is in a position to introduce testimony which is of probable decisional significance, on a matter of substantial public interest importance, which cannot, or apparently will not, be introduced by other parties to the proceeding, and who is not seeking personal financial gain. ( b ) In the case of a licensee, the motion to proceed in forma pauperis shall contain specific allegations of fact sufficient to show that the moving party is eligible under paragraph (a) of this section and that he cannot, because of his poverty, pay the expenses of litigation and still be able to provide himself and his dependents with the necessities of life. Such allegations of fact shall be supported by affidavit of a person or persons with personal knowledge thereof. The information submitted shall detail the income and assets of the individual and his financial obligations and responsibilities, and shall contain an estimate of the cost of participation in the proceeding. Personal financial information may be submitted to the presiding officer in confidence. ( c ) ( 1 ) In the case of an individual intervenor, the motion to proceed in forma pauperis shall contain specific allegations of fact sufficient to show that he is eligible under paragraph (a) of this section and that he has dedicated financial resources to sustain his participation which are reasonable in light of his personal resources and other demands upon them but are inadequate for effective participation in the proceeding. Such allegations of fact shall be supported by affidavit of a person or persons with personal knowledge thereof. The information submitted shall detail the income and assets of the individual and his immediate family and his financial obligations and responsibilities, and shall contain an estimate of the cost of participation. Personal financial information may be submitted to the presiding officer in confidence. ( 2 ) In the case of an intervening group, the motion to proceed in forma pauperis shall contain specific allegations of fact sufficient to show that the moving party is eligible under paragraph (a) of this section and that it cannot pay the expenses of litigation and still be able to carry out the activities and purposes for which it was organized. Such allegations of fact shall be supported by affidavit of the President and Treasurer of the group, and/or by other persons having personal knowledge thereof. The information submitted shall include a copy of the corporate charter or other documents that describe the activities and purposes of the organization; a current balance sheet and profit and loss statement; facts showing, under all the circumstances, that it would not be reasonable to expect added resources of individuals composing the group to be pooled to meet the expenses of participating in the proceeding; and an estimate of the cost of participation. Personal financial information pertaining to members of the group may be submitted to the presiding officer in confidence. ( d ) If the motion is granted, the presiding officer may direct that a free copy of the transcript of testimony be made available to the moving party and may relax the rules of procedure in any manner which will ease his financial burden, is fair to other parties to the proceeding, and does not involve the payment of appropriated funds to a party. [ 41 FR 53021 , Dec. 3, 1976] § 1.225 Participation by non-parties; consideration of communications. ( a ) Any person who wishes to appear and give evidence on any matter and who so advises the Secretary, will be notified by the Secretary if that matter is designated for hearing. In the case of requests bearing more than one signature, notice of hearing will be given to the person first signing unless the request indicates that such notice should be sent to someone other than such person. ( b ) No persons shall be precluded from giving any relevant, material, and competent testimony because they lack a sufficient interest to justify their intervention as parties in the matter. ( c ) No communication will be considered in determining the merits of any matter unless it has been received into evidence. The admissibility of any communication shall be governed by the applicable rules of evidence in § 1.351 , and no communication shall be admissible on the basis of a stipulation unless Commission counsel as well as counsel for all of the parties shall join in such stipulation. [ 28 FR 12425 , Nov. 22, 1963, as amended at 85 FR 63175 , Oct. 6, 2020] § 1.227 Consolidations. The Commission, upon motion or upon its own motion, may, where such action will best conduce to the proper dispatch of business and to the ends of justice, consolidate in a hearing proceeding any cases that involve the same applicant or substantially the same issues, or that present conflicting claims. [ 85 FR 63175 , Oct. 6, 2020] § 1.229 Motions to enlarge, change, or delete issues. ( a ) A motion to enlarge, change or delete the issues may be filed by any party to a hearing proceeding. Except as provided for in paragraph (b) of this section, such motions must be filed within 15 days after the full text or a summary of the order designating the case for hearing has been published in the Federal Register . ( b ) ( 1 ) For program carriage complaints filed pursuant to § 76.1302 of this chapter that the Chief, Media Bureau refers to a presiding officer, such motions shall be filed within 15 calendar days after the deadline for submitting written appearances pursuant to § 1.221(f) , except that persons not named as parties to the proceeding in the designation order may file such motions with their petitions to intervene up to 30 days after publication of the full text or a summary of the designation order in the Federal Register. ( See § 1.223 ). ( 2 ) Any person desiring to file a motion to modify the issues after the expiration of periods specified in paragraphs (a) and (b)(1) of this section shall set forth the reason why it was not possible to file the motion within the prescribed period. Except as provided in paragraph (c) of this section, the motion will be granted only if good cause is shown for the delay in filing. Motions for modifications of issues which are based on new facts or newly discovered facts shall be filed within 15 days after such facts are discovered by the moving party. ( c ) In the absence of good cause for late filing of a motion to modify the issues, the motion to enlarge will be considered fully on its merits if (and only if) initial examination of the motion demonstrates that it raises a question of probable decisional significance and such substantial public interest importance as to warrant consideration in spite of its untimely filing. ( d ) Such motions, opposition thereto, and replies to oppositions shall contain specific allegations of fact sufficient to support the action requested. Such allegations of fact, except for those of which official notice may be taken, shall be supported by affidavits of a person or persons having personal knowledge thereof. The failure to file an opposition or a reply will not necessarily be construed as an admission of any fact or argument contained in a pleading. ( e ) In any case in which the presiding officer grants a motion to enlarge the issues to inquire into allegations that an applicant made misrepresentations to the Commission or engaged in other misconduct during the application process, the enlarged issues include notice that, after hearings on the enlarged issue and upon a finding that the alleged misconduct occurred and warrants such penalty, in addition to or in lieu of denying the application, the applicant may be liable for a forfeiture of up to the maximum statutory amount. See 47 U.S.C. 503(b)(2)(A) . [ 41 FR 14872 , Apr. 8, 1976, as amended at 44 FR 34947 , June 18, 1979; 51 FR 19347 , May 29, 1986; 56 FR 792 , Jan. 9, 1991; 56 FR 25639 , June 5, 1991; 62 FR 4171 , Jan. 29, 1997; 76 FR 60672 , Sept. 29, 2011; 76 FR 70908 , Nov. 16, 2011; 78 FR 5745 , Jan. 28, 2013; 85 FR 63175 , Oct. 6, 2020] Presiding Officer § 1.241 Designation of presiding officer. ( a ) Hearing proceedings will be conducted by a presiding officer. The designated presiding officer will be identified in the order designating a matter for hearing. Only the Commission, one or more commissioners, or an administrative law judge designated pursuant to 5 U.S.C. 3105 may be designated as a presiding officer. Unless otherwise stated, the term presiding officer will include the Commission when the Commission designates itself to preside over a hearing proceeding. ( b ) If a presiding officer becomes unavailable during the course of a hearing proceeding, another presiding officer will be designated. ( 5 U.S.C. 556 ; 47 U.S.C. 154 , 159 , 208 , 209 , 214 , 309 , 312 , 316 , and 409 ) [ 85 FR 63176 , Oct. 6, 2020] § 1.242 Appointment of case manager when Commission is the presiding officer. When the Commission designates itself as the presiding officer in a hearing proceeding, it may delegate authority to a case manager to develop the record in a written hearing (see §§ 1.370 through 1.377 ). The case manager must be a staff attorney who qualifies as a neutral under 5 U.S.C. 571 and 573 . The Commission shall not designate any of the following persons to serve as case manager in a case, and they may not advise or assist the case manager: Staff who participated in identifying the specific issues designated for hearing; staff who have taken or will take an active part in investigating, prosecuting, or advocating in the case; or staff who are expected to investigate and act upon petitions to deny (including challenges thereto). A case manager shall have authority to perform any of the functions generally performed by the presiding officer, except that a case manager shall have no authority to resolve any new or novel issues, to issue an order on the merits resolving any issue designated for hearing in a case, to issue an order on the merits of any motion for summary decision filed under § 1.251 , or to perform any other functions that the Commission reserves to itself in the order appointing a case manager. [ 85 FR 63176 , Oct. 6, 2020] § 1.243 Authority of presiding officer. From the time the presiding officer is designated until issuance of the presiding officer's decision or the transfer of the proceeding to the Commission or to another presiding officer, the presiding officer shall have such authority as granted by law and by the provisions of this chapter, including authority to: ( a ) Administer oaths and affirmations; ( b ) Issue subpenas; ( c ) Examine witnesses; ( d ) Rule upon questions of evidence; ( e ) Take or cause depositions to be taken; ( f ) Regulate the course of the hearing, maintain decorum, and exclude from the hearing any person engaging in contemptuous conduct or otherwise disrupting the proceedings; ( g ) Require the filing of memoranda of law and the presentation of oral argument with respect to any question of law upon which the presiding officer or the Commission is required to rule during the course of the hearing proceeding; ( h ) Hold conferences for the settlement or simplification of the issues by consent of the parties; ( i ) Dispose of procedural requests and ancillary matters, as appropriate; ( j ) Take actions and make decisions in conformity with governing law; ( k ) Act on motions to enlarge, modify or delete the hearing issues; ( l ) Act on motions to proceed in forma pauperis pursuant to § 1.224 ; ( m ) Decide a matter upon the existing record or request additional information from the parties; and ( n ) Issue such orders and conduct such proceedings as will best conduce to the proper dispatch of business and the ends of justice. ( 5 U.S.C. 556 ; 47 U.S.C. 154 , 159 , 208 , 209 , 214 , 309 , 312 , 316 , and 409 ) [ 28 FR 12425 , Nov. 22, 1963, as amended at 41 FR 53022 , Dec. 3, 1976; 85 FR 63176 , Oct. 6, 2020] § 1.244 Designation of a settlement officer. ( a ) Parties may request that the presiding officer appoint a settlement officer to facilitate the resolution of the case by settlement. ( b ) Where all parties in a case agree that such procedures may be beneficial, such requests may be filed with the presiding officer no later than 15 days prior to the date scheduled for the commencement of hearings or, in hearing proceedings conducted pursuant to §§ 1.370 through 1.377 , no later than 15 days before the date set as the deadline for filing the affirmative case. The presiding officer shall suspend the procedural dates in the case pending action upon such requests. ( c ) If, in the discretion of the presiding officer, it appears that the appointment of a settlement officer will facilitate the settlement of the case, the presiding officer shall appoint a “neutral” as defined in 5 U.S.C. 571 and 573 to act as the settlement officer. ( 1 ) The parties may request the appointment of a settlement officer of their own choosing so long as that person is a “neutral” as defined in 5 U.S.C. 571 and 573 . ( 2 ) The appointment of a settlement officer in a particular case is subject to the approval of all the parties in the proceeding. ( 3 ) Neither the Commission, nor any sitting members of the Commission, nor the presiding officer shall serve as the settlement officer in any case. ( 4 ) Other members of the Commission's staff who qualify as neutrals may be appointed as settlement officers. The presiding officer shall not appoint a member of the Commission's staff as a settlement officer in any case if the staff member's duties include, or have included, drafting, reviewing, and/or recommending actions on the merits of the issues designated for hearing in that case. ( d ) The settlement officer shall have the authority to require parties to submit their written direct cases for review. The settlement officer may also meet with the parties and/or their counsel, individually and/or at joint conferences, to discuss their cases and the cases of their competitors. All such meetings will be off-the-record, and the settlement officer may express an opinion as to the relative merit of the parties' positions and recommend possible means to resolve the proceeding by settlement. The proceedings before the settlement officer shall be subject to the confidentiality provisions of 5 U.S.C. 574 . Moreover, no statements, offers of settlement, representations or concessions of the parties or opinions expressed by the settlement officer will be admissible as evidence in any Commission proceeding. [ 85 FR 63176 , Oct. 6, 2020] § 1.245 Disqualification of presiding officer. ( a ) In the event that a presiding officer (other than the Commission) deems himself or herself disqualified and desires to withdraw from the case, the presiding officer shall immediately so notify the Commission. ( b ) Any party may request the presiding officer to withdraw on the grounds of personal bias or other disqualification. ( 1 ) The person seeking disqualification shall file with the presiding officer an affidavit setting forth in detail the facts alleged to constitute grounds for disqualification. ( 2 ) The presiding officer may file a response to the affidavit; and if the presiding officer believes he or she is not disqualified, he or she shall so rule and continue with the hearing proceeding. ( 3 ) The person seeking disqualification may appeal a ruling denying the request for withdrawal of the presiding officer, and, in that event, shall do so within five days of release of the presiding officer's ruling. Unless an appeal of the ruling is filed at this time, the right to request withdrawal of the presiding officer shall be deemed waived. ( 4 ) If an appeal of the ruling is filed, the presiding officer shall certify the question, together with the affidavit and any response filed in connection therewith, to the Commission. The hearing shall be suspended pending a ruling on the question by the Commission. ( 5 ) The Commission may rule on the question without hearing, or it may require testimony or argument on the issues raised. ( 6 ) The affidavit, response, testimony or argument thereon, and the Commission's decision shall be part of the record in the case. ( 5 U.S.C. 556 ; 47 U.S.C. 154 , 159 , 208 , 209 , 214 , 309 , 312 , 316 , and 409 ) [ 28 FR 12425 , Nov. 22, 1963, as amended at 55 FR 36641 , Sept. 6, 1990; 62 FR 4171 , Jan. 29, 1997; 85 FR 63176 , Oct. 6, 2020] Prehearing Procedures § 1.246 Admission of facts and genuineness of documents. ( a ) Within 20 days after the time for filing a notice of appearance has expired; or within 20 days after the release of an order adding parties to the proceeding (see §§ 1.223 and 1.227 ) or changing the issues (see § 1.229 ); or within such shorter or longer time as the presiding officer may allow on motion or notice, a party may serve upon any other party a written request for the admission by the latter of the genuineness of any relevant documents identified in and exhibited by a clear copy with the request or of the truth of any relevant matters of fact set forth in the request. ( b ) Each of the matters of which an admission is requested shall be deemed admitted unless, within a period designated in the request, not less than 10 days after service thereof, or within such shorter or longer time as the presiding officer may allow on motion or notice, the party to whom the request is directed serves upon the party requesting the admission either: ( 1 ) A sworn statement denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he cannot truthfully admit or deny those matters, or ( 2 ) written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part. If written objections to a part of the request are made, the remainder of the request shall be answered within the period designated in the request. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party deny only a part or a qualification of a matter of which an admission is requested, he shall specify so much of it as is true and deny only the remainder. ( c ) A copy of the request and of any answer shall be served by the party filing on all other parties to the proceeding and upon the presiding officer. ( d ) Written objections to the requested admissions may be ruled upon by the presiding officer without additional pleadings. [ 33 FR 463 , Jan. 12, 1968, as amended at 35 FR 17333 , Nov. 11, 1970] § 1.248 Status conferences. ( a ) The presiding officer may direct the parties or their attorneys to appear at a specified time and place for a status conference during the course of a hearing proceeding, or to submit suggestions in writing, for the purpose of considering, among other things, the matters set forth in paragraph (c) of this section. Any party may request a status conference at any time after release of the order designating a matter for hearing. During a status conference, the presiding officer may issue rulings regarding matters relevant to the conduct of the hearing proceeding including, inter alia, procedural matters, discovery, and the submission of briefs or evidentiary materials. ( b ) The presiding officer shall schedule an initial status conference promptly after written appearances have been submitted under § 1.91 or § 1.221 . At or promptly after the initial status conference, the presiding officer shall adopt a schedule to govern the hearing proceeding. If the Commission designated a matter for hearing on a written record under §§ 1.370 through 1.376 , the scheduling order shall include a deadline for filing a motion to request an oral hearing in accordance with § 1.376 . If the Commission did not designate the matter for hearing on a written record, the scheduling order shall include a deadline for filing a motion to conduct the hearing on a written record. Except as circumstances otherwise require, the presiding officer shall allow a reasonable period prior to commencement of the hearing for the orderly completion of all prehearing procedures, including discovery, and for the submission and disposition of all motions. ( c ) In status conferences, the following matters, among others, may be considered: ( 1 ) Clarifying, amplifying, or narrowing issues designated for hearing; ( 2 ) Scheduling; ( 3 ) Admission of facts and of the genuineness of documents (see § 1.246 ), and the possibility of stipulating with respect to facts; ( 4 ) Discovery; ( 5 ) Motions; ( 6 ) Hearing procedure; ( 7 ) Settlement (see § 1.93 ); and ( 8 ) Such other matters that may aid in resolution of the issues designated for hearing. ( d ) Status conferences may be conducted in person or by telephone conference call or similar technology, at the discretion of the presiding officer. An official transcript of all status conferences shall be made unless the presiding officer and the parties agree to forego a transcript, in which case any rulings by the presiding officer during the status conference shall be promptly memorialized in writing. ( e ) The failure of any attorney or party, following reasonable notice, to appear at a scheduled status conference may be deemed a waiver by that party of its rights to participate in the hearing proceeding and shall not preclude the presiding officer from conferring with parties or counsel present. [ 85 FR 63177 , Oct. 6, 2020] § 1.249 Presiding officer statement. The presiding officer shall enter upon the record a statement reciting all actions taken at a status conference convened under § 1.248 and incorporating into the record all of the stipulations and agreements of the parties which were approved by the presiding officer, and any special rules which the presiding officer may deem necessary to govern the course of the proceeding. [ 85 FR 63177 , Oct. 6, 2020] Hearing and Intermediate Decision § 1.250 Discovery and preservation of evidence; cross-reference. For provisions relating to prehearing discovery and preservation of admissible evidence in hearing proceedings under this subpart B, see §§ 1.311 through 1.325 . [ 85 FR 63177 , Oct. 6, 2020] § 1.251 Summary decision. ( a ) ( 1 ) Any party to an adjudicatory proceeding may move for summary decision of all or any of the issues designated for hearing. The motion shall be filed at least 20 days prior to the date set for commencement of the hearing or, in hearing proceedings conducted pursuant to §§ 1.370 through 1.377 , at least 20 days before the date that the presiding officer sets as the deadline for filing the affirmative case. See § 1.372 . The party filing the motion may not rest upon mere allegations or denials but must show, by affidavit or by other materials subject to consideration by the presiding officer, that there is no genuine issue of material fact for determination in the hearing proceeding. ( 2 ) A party may file a motion for summary decision after the deadlines in paragraph (a)(1) of this section only with the presiding officer's permission, or upon the presiding officer's invitation. No appeal from an order granting or denying a request for permission to file a motion for summary decision shall be allowed. If the presiding officer authorizes a motion for summary decision after the deadlines in paragraph (a)(1) of this section, proposed findings of fact and conclusions of law on those issues which the moving party believes can be resolved shall be attached to the motion, and any other party may file findings of fact and conclusions of law as an attachment to pleadings filed by the party pursuant to paragraph (b) of this section. ( 3 ) Motions for summary decision should be addressed to the Commission in any hearing proceeding in which the Commission is the presiding officer and it has appointed a case manager pursuant to § 1.242 . The Commission, in its discretion, may defer ruling on any such motion until after the case manager has certified the record for decision by the Commission pursuant to § 1.377 . ( b ) Within 14 days after a motion for summary decision is filed, any other party to the proceeding may file an opposition or a countermotion for summary decision. A party opposing the motion may not rest upon mere allegations or denials but must show, by affidavit or by other materials subject to consideration by the presiding officer, that there is a genuine issue of material fact for determination at the hearing, that he cannot, for good cause, present by affidavit or otherwise facts essential to justify his opposition, or that summary decision is otherwise inappropriate. ( c ) Affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. ( d ) The presiding officer may, in his or her discretion, set the matter for argument and may call for the submission of proposed findings, conclusions, briefs or memoranda of law. The presiding officer, giving appropriate weight to the nature of the proceeding, the issue or issues, the proof, and the need for cross-examination, if any, may grant a motion for summary decision to the extent that the pleadings, affidavits, materials obtained by discovery or otherwise, admissions, or matters officially noticed, show that there is no genuine issue as to any material fact and that a party is otherwise entitled to summary decision. If it appears from the affidavits of a party opposing the motion that the party cannot, for good cause shown, present by affidavit or otherwise facts essential to justify the party's opposition, the presiding officer may deny the motion, may order a continuance to permit affidavits to be obtained or discovery to be had, or make such other order as is just. ( e ) If all of the issues (or a dispositive issue) are determined on a motion for summary decision, the hearing proceeding shall be terminated. When a presiding officer (other than the Commission) issues a Summary Decision, it is subject to appeal or review in the same manner as an Initial Decision. See §§ 1.271 through 1.282 . If some of the issues only (including no dispositive issue) are decided on a motion for summary decision, or if the motion is denied, the presiding officer will issue a memorandum opinion and order, interlocutory in character, and the hearing proceeding will continue on the remaining issues. Appeal from interlocutory rulings is governed by § 1.301 . ( f ) The presiding officer may take any action deemed necessary to assure that summary decision procedures are not abused. The presiding officer may rule in advance of a motion that the proceeding is not appropriate for summary decision, and may take such other measures as are necessary to prevent any unwarranted delay. ( 1 ) Should it appear to the satisfaction of the presiding officer that a motion for summary decision has been presented in bad faith or solely for the purpose of delay, or that such a motion is patently frivolous, the presiding officer will enter a determination to that effect upon the record. ( 2 ) If, on making such determination, the presiding officer concludes that the facts warrant disciplinary action against an attorney, the matter, together with any findings and recommendations, will be referred to the Commission for consideration under § 1.24 . ( 3 ) If, on making such determination, the presiding officer concludes that the facts warrant a finding of bad faith on the part of a party to the proceeding, the presiding officer will certify the matter to the Commission, with findings and recommendations, for a determination as to whether the facts warrant the addition of an issue to the hearing proceeding as to the character qualifications of that party. [ 37 FR 7507 , Apr. 15, 1972, as amended at 42 FR 56508 , Oct. 26, 1977; 85 FR 63177 , Oct. 6, 2020] § 1.253 Time and place of hearing. The presiding officer shall specify the time and place of oral hearings. All oral hearings will take place at Commission Headquarters unless the presiding officer designates another location. [ 85 FR 63178 , Oct. 6, 2020] § 1.254 Nature of the hearing proceeding; burden of proof. Any hearing upon an application shall be a full hearing proceeding in which the applicant and all other parties in interest shall be permitted to participate but in which both the burden of proceeding with the introduction of evidence upon any issue specified by the Commission, as well as the burden of proof upon all such issues, shall be upon the applicant except as otherwise provided in the order of designation. (Sec. 309, 48 Stat. 1085, as amended; 47 U.S.C. 309 ) [ 85 FR 63178 , Oct. 6, 2020] § 1.255 Order of procedure. ( a ) At hearings on a formal complaint or petition or in a proceeding for any instrument of authorization which the Commission is empowered to issue, the complainant, petitioner, or applicant, as the case may be, shall, unless the Commission otherwise orders, open and close. At hearings on protests, the protestant opens and closes the proceedings in case the issues are not specifically adopted by the Commission; otherwise the grantee does so. At hearings on orders to show cause, to cease and desist, to revoke or modify a station license under sections 312 and 316 of the Communications Act, or other like proceedings instituted by the Commission, the Commission shall open and close. ( b ) At all hearings under Title II of the Communications Act, other than hearings on formal complaints, petitions, or applications, the respondent shall open and close unless otherwise specified by the Commission. ( c ) In all other cases, the Commission or presiding officer shall designate the order of presentation. Intervenors shall follow the party in whose behalf intervention is made, and in all cases where the intervention is not in support of an original party, the Commission or presiding officer shall designate at what stage such intervenors shall be heard. [ 28 FR 12425 , Nov. 22, 1963, as amended at 33 FR 463 , Jan. 12, 1968] §§ 1.258-1.260 [Reserved] § 1.261 Corrections to transcript. At any time during the course of the proceeding, or as directed by the presiding officer, but not later than 10 days after the transmission to the parties of the transcript of any oral conference or hearing, any party to the proceeding may file with the presiding officer a motion requesting corrections to the transcript, which motion shall be accompanied by proof of service thereof upon all other parties to the proceeding. Within 5 days after the filing of such a motion, other parties may file a pleading in support of or in opposition to such motion. Thereafter, the presiding officer shall, by order, specify the corrections to be made in the transcript, and a copy of the order shall be served upon all parties and made a part of the record. The presiding officer may sua sponte specify corrections to be made in the transcript on 5 days' notice. [ 85 FR 63178 , Oct. 6, 2020] § 1.263 Proposed findings and conclusions. ( a ) The presiding officer may direct any party to file proposed findings of fact and conclusions, briefs, or memoranda of law. If the presiding officer does not so order, any party to the proceeding may seek leave to file proposed findings of fact and conclusions, briefs, or memoranda of law. Such proposed findings of fact, conclusions, briefs, and memoranda of law shall be filed within the time prescribed by the presiding officer. ( b ) All pleadings and other papers filed pursuant to this section shall be accompanied by proof of service thereof upon all other counsel in the proceeding; if a party is not represented by counsel, proof of service upon such party shall be made. ( c ) In the absence of a showing of good cause therefor, the failure to file proposed findings of fact, conclusions, briefs, or memoranda of law, when directed to do so, may be deemed a waiver of the right to participate further in the proceeding. ( 5 U.S.C. 557 ; 47 U.S.C. 154 , 159 , 208 , 209 , 214 , 309 , 312 , 316 , and 409 ) [ 28 FR 12425 , Nov. 22, 1963, as amended at 85 FR 63178 , Oct. 6, 2020] § 1.264 Contents of findings of fact and conclusions. Proposed findings of fact shall be set forth in serially numbered paragraphs and shall set out in detail and with particularity all basic evidentiary facts developed on the record (with appropriate citations to the transcript of record or exhibit relied on for each evidentiary fact) supporting the conclusions proposed by the party filing same. Proposed conclusions shall be separately stated. Proposed findings of fact and conclusions submitted by a person other than an applicant may be limited to those issues in connection with the hearing which affect the interests of such person. ( 5 U.S.C. 557 ) § 1.265 Closing the record. At the conclusion of hearing proceedings, the presiding officer shall promptly close the record after the parties have submitted their evidence, filed any proposed findings and conclusions under § 1.263 , and submitted any other information required by the presiding officer. After the record is closed, it shall be certified by the presiding officer and filed in the Office of the Secretary. Notice of such certification shall be served on all parties to the proceedings. [ 85 FR 63178 , Oct. 6, 2020] § 1.267 Initial and recommended decisions. ( a ) Except as provided in §§ 1.94 , 1.251 , and 1.274 , when the proceeding is terminated on motion, or when the presiding officer is the Commission, the presiding officer shall prepare an initial (or recommended) decision, which shall be transmitted to the Secretary of the Commission. In the case of rate making proceedings conducted under sections 201-205 of the Communications Act, the presumption shall be that the presiding officer shall prepare an initial or recommended decision. The Secretary will make the decision public immediately and file it in the docket of the case. ( b ) Each initial and recommended decision shall contain findings of fact and conclusions, as well as the reasons or basis therefor, upon all the material issues of fact, law, or discretion presented on the record; each initial decision shall also contain the appropriate rule or order, and the sanction, relief or denial thereof; and each recommended decision shall contain recommendations as to what disposition of the case should be made by the Commission. Each initial decision will show the date upon which it will become effective in accordance with the rules in this part in the absence of exceptions, appeal, or review. ( c ) When the Commission is not the presiding officer, the authority of the presiding officer over the proceedings shall cease when the presiding officer has filed an Initial or Recommended Decision, or if it is a case in which the presiding officer is to file no decision, when they have certified the case for decision: Provided, however, That the presiding officer shall retain limited jurisdiction over the proceeding for the purpose of effecting certification of the record and corrections to the transcript, as provided in §§ 1.265 and 1.261 , respectively, and for the purpose of ruling initially on applications for awards of fees and expenses under the Equal Access to Justice Act. (Sec. 409, 48 Stat. 1096, as amended; 47 U.S.C. 409 , 5 U.S.C. 557 ; secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083: 47 U.S.C. 154 , 303 , 307 ) [ 28 FR 12425 , Nov. 22, 1963, as amended at 41 FR 14873 , Apr. 8, 1976; 47 FR 3786 , Jan. 27, 1982; 85 FR 63178 , Oct. 6, 2020] Review Proceedings § 1.271 Delegation of review function. The Commission may direct, by order or rule, that its review function in a case or category of cases be performed by a commissioner, or a panel of commissioners, in which event the commissioner or panel shall exercise the authority and perform the functions which would otherwise have been performed by the Commission under §§ 1.273 through 1.282 . Note: To provide for an orderly completion of cases, exceptions and related pleadings filed after March 1, 1996, shall be directed to the Commission and will not be acted upon by the Review Board. [ 62 FR 4171 , Jan. 29, 1997] § 1.273 Waiver of initial or recommended decision. When the Commission serves as the presiding officer, it will not issue an initial or recommended decision. When the Commission is not the presiding officer, at any time before the record is closed all parties to the proceeding may agree to waive an initial or recommended decision, and may request that the Commission issue a final decision or order in the case. If the Commission has directed that its review function in the case be performed by a commissioner or a panel of commissioners, the request shall be directed to the appropriate review authority. The Commission or such review authority may in its discretion grant the request, in whole or in part, if such action will best conduce to the proper dispatch of business and to the ends of justice. [ 85 FR 63178 , Oct. 6, 2020] § 1.274 Certification of the record to the Commission for decision when the Commission is not the presiding officer; presiding officer unavailability. ( a ) When the Commission is not the presiding officer, and where the Commission finds upon the record that due and timely execution of its functions imperatively and unavoidably so requires, the Commission may direct that the record in a pending proceeding be certified to it for decision. ( b ) When a presiding officer becomes unavailable to the Commission after the taking of evidence has been concluded, the Commission shall direct that the record be certified to it for decision. In that event, the Commission shall designate a new presiding officer in accordance with § 1.241 for the limited purpose of certifying the record to the Commission. ( c ) In all other circumstances when the Commission is not the presiding officer, the presiding officer shall prepare and file an initial or recommended decision, which will be released in accordance with § 1.267 . ( d ) When a presiding officer becomes unavailable to the Commission after the taking of evidence has commenced but before it has been concluded, the Commission shall designate another presiding officer in accordance with § 1.241 to continue the hearing proceeding. Oral testimony already introduced shall not be reheard unless observation of the demeanor of the witness is essential to the resolution of the case. (Sec. 409, 48 Stat. 1096, as amended; 47 U.S.C. 409 ) [ 85 FR 63179 , Oct. 6, 2020] § 1.276 Appeal and review of initial decision. ( a ) ( 1 ) Within 30 days after the date on which public release of the full text of an initial decision is made, or such other time as the Commission may specify, any of the parties may appeal to the Commission by filing exceptions to the initial decision, and such decision shall not become effective and shall then be reviewed by the Commission, whether or not such exceptions may thereafter be withdrawn. It is the Commission's policy that extensions of time for filing exceptions shall not be routinely granted. ( 2 ) Exceptions shall be consolidated with the argument in a supporting brief and shall not be submitted separately. As used in this subpart, the term exceptions means the document consolidating the exceptions and supporting brief. The brief shall contain ( i ) a table of contents, ( ii ) a table of citations, ( iii ) a concise statement of the case, ( iv ) a statement of the questions of law presented, and ( v ) the argument, presenting clearly the points of fact and law relied upon in support of the position taken on each question, with specific reference to the record and all legal or other materials relied on. ( b ) The Commission may on its own initiative provide, by order adopted not later than 20 days after the time for filing exceptions expires, that an initial decision shall not become final, and that it shall be further reviewed or considered by the Commission. ( c ) In any case in which an initial decision is subject to review in accordance with paragraph (a) or (b) of this section, the Commission may, on its own initiative or upon appropriate requests by a party, take any one or more of the following actions: ( 1 ) Hear oral argument on the exceptions; ( 2 ) Require the filing of briefs; ( 3 ) Prior to or after oral argument or the filing of exceptions or briefs, reopen the record and/or remand the proceedings to the presiding officer to take further testimony or evidence; ( 4 ) Prior to or after oral argument or the filing of exceptions or briefs, remand the proceedings to the presiding officer to make further findings or conclusions; and ( 5 ) Prior to or after oral argument or the filing of exceptions or briefs, issue, or cause to be issued by the presiding officer, a supplemental initial decision. ( d ) No initial decision shall become effective before 50 days after public release of the full text thereof is made unless otherwise ordered by the Commission. The timely filing of exceptions, the further review or consideration of an initial decision on the Commission's initiative, or the taking of action by the Commission under paragraph (c) of this section shall stay the effectiveness of the initial decision until the Commission's review thereof has been completed. If the effective date of an initial decision falls within any further time allowed for the filing of exceptions, it shall be postponed automatically until 30 days after time for filing exceptions has expired. ( e ) If no exceptions are filed, and the Commission has not ordered the review of an initial decision on its initiative, or has not taken action under paragraph (c) of this section, the initial decision shall become effective, an appropriate notation to that effect shall be entered in the docket of the case, and a “Public Notice” thereof shall be given by the Commission. The provisions of § 1.108 shall not apply to such public notices. ( f ) When any party fails to file exceptions within the specified time to an initial decision which proposes to deny its application, such party shall be deemed to have no interest in further prosecution of its application, and its application may be dismissed with prejudice for failure to prosecute. (Sec. 40, 48 Stat. 1096, as amended; 47 U.S.C. 409 ) [ 28 FR 12425 , Nov. 22, 1963, as amended at 41 FR 14873 , Apr. 8, 1976] § 1.277 Exceptions; oral arguments. ( a ) The consolidated supporting brief and exceptions to the initial decision (see § 1.276(a)(2) ), including rulings upon motions or objections, shall point out with particularity alleged material errors in the decision or ruling and shall contain specific references to the page or pages of the transcript of hearing, exhibit or order if any on which the exception is based. Any objection not saved by exception filed pursuant to this section is waived. ( b ) Within the period of time allowed in § 1.276(a) for the filing of exceptions, any party may file a brief in support of an initial decision, in whole or in part, which may contain exceptions and which shall be similar in form to the brief in support of exceptions (see § 1.276(a)(2) ). ( c ) Except by special permission, the consolidated brief and exceptions will not be accepted if the exceptions and argument exceed 25 double-spaced typewritten pages in length. (The table of contents and table of citations are not counted in the 25 page limit; however, all other contents of and attachments to the brief are counted.) Within 10 days, or such other time as the Commission or delegated authority may specify, after the time for filing exceptions has expired, any other party may file a reply brief, which shall not exceed 25 double spaced typewritten pages and shall contain a table of contents and a table of citations. If exceptions have been filed, any party may request oral argument not later than five days after the time for filing replies to the exceptions has expired. The Commission or delegated authority, in its discretion, will grant oral argument by order only in cases where such oral presentations will assist in the resolution of the issues presented. Within five days after release of an order designating an initial decision for oral argument, as provided in paragraph (d) of this section, any party who wishes to participate in oral argument shall file a written notice of intention to appear and participate in oral argument. Failure to file a written notice shall constitute a waiver of the opportunity to participate. ( d ) Each order scheduling a case for oral argument will contain the allotment of time for each party for oral argument before the Commission. The Commission will grant, in its discretion, upon good cause shown, an extension of such time upon petition by a party, which petition must be filed within 5 days after issuance of said order for oral argument. ( e ) Within 10 days after a transcript of oral argument has been filed in the Office of the Secretary, any party who participated in the oral argument may file with the Commission a motion requesting correction of the transcript, which motion shall be accompanied by proof of service thereof upon all other parties who participated in the oral argument. Within 5 days after the filing of such a motion, other parties may file a pleading in support of or in opposition to such motion. Thereafter, the officer who presided at the oral argument shall, by order, specify the corrections to be made in the transcript, and a copy of the order shall be served upon all parties to the proceeding. The officer who presided at the oral argument may, on his own initiative, by order, specify corrections to be made in the transcript on 5 days notice of the proposed corrections to all parties who participated in the oral argument. ( f ) Any commissioner who is not present at oral argument and who is otherwise authorized to participate in a final decision may participate in making that decision after reading the transcript of oral argument. (Sec. 409, 48 Stat. 1096, as amended; 47 U.S.C. 409 ) [ 28 FR 12425 , Nov. 22, 1963, as amended at 41 FR 14873 , Apr. 8, 1976; 41 FR 34259 , Aug. 13, 1976; 44 FR 12426 , Mar. 7, 1979; 56 FR 793 , Jan. 9, 1991; 62 FR 4171 , Jan. 29, 1997; 71 FR 15618 , Mar. 29, 2006] § 1.279 Limitation of matters to be reviewed. ( a ) Upon review of any initial decision, the Commission may, in its discretion, limit the issues to be reviewed to those findings and conclusions to which exceptions have been filed, or to those findings and conclusions specified in the Commission's order of review issued pursuant to § 1.276(b) . ( b ) No party may file an exception to the presiding officer's ruling that all or part of the hearing be conducted and resolved on a written record, unless that party previously filed an interlocutory motion to request an oral hearing in accordance with § 1.376 . [ 85 FR 63179 , Oct. 6, 2020] § 1.282 Final decision of the Commission. ( a ) After opportunity has been afforded for the filing of proposed findings of fact and conclusions, exceptions, supporting statements, briefs, and for the holding of oral argument as provided in this subpart, the Commission will issue a final decision in each case in which an initial decision has not become final. ( b ) The final decision shall contain: ( 1 ) Findings of fact and conclusions, as well as the reasons or basis therefor, upon all the material issues of fact, law or discretion presented on the record; ( 2 ) Rulings on each relevant and material exception filed; the Commission will deny irrelevant exceptions, or those which are not of decisional significance, without a specific statement of reasons prescribed by paragraph (b)(1) of this section; and ( 3 ) The appropriate rule or order and the sanction, relief or denial thereof. (Sec. 8(b), 60 Stat. 2422; 5 U.S.C. 1007(b) ) [ 28 FR 12425 , Nov. 22, 1963, as amended at 41 FR 14873 , Apr. 8, 1976; 76 FR 70908 , Nov. 16, 2011] Interlocutory Actions in Hearing Proceedings § 1.291 General provisions. ( a ) ( 1 ) The Commission acts on petitions to amend, modify, enlarge or delete the issues in hearing proceedings which involve rule making matters exclusively. ( 2 ) All other interlocutory matters in hearing proceedings are acted on by the presiding officer. ( 3 ) Each interlocutory pleading shall identify the presiding officer in its caption. Unless the pleading is to be acted upon by the Commission, the presiding officer shall be identified by name. ( b ) All interlocutory pleadings shall be submitted in accordance with the provisions of §§ 1.4 , 1.44 , 1.47 , 1.48 , 1.49 , 1.50 , 1.51 , and 1.52 . ( c ) ( 1 ) Procedural rules governing interlocutory pleadings are set forth in §§ 1.294 through 1.298 . ( 2 ) Rules governing appeal from, and reconsideration of, interlocutory rulings made by the presiding officer are set forth in § 1.301 . ( 3 ) Petitions requesting reconsideration of an interlocutory ruling will not be entertained. ( d ) No initial decision shall become effective under § 1.276(e) until all interlocutory matters pending before the Commission in the proceeding at the time the initial decision is issued have been disposed of and the time allowed for appeal from interlocutory rulings of the presiding officer has expired. (Secs. 4(i), 303(r) and 5(c)(1) of the Communications Act of 1934, as amended; 47 CFR 0.61 and 0.283 ) [ 85 FR 63179 , Oct. 6, 2020] § 1.294 Oppositions and replies. ( a ) Any party to a hearing proceeding may file an opposition to an interlocutory request filed in that proceeding. ( b ) Except as provided in paragraph (c) of this section or as otherwise ordered by the presiding officer, oppositions to interlocutory requests shall be filed within 4 days after the original pleading is filed, and replies to oppositions will not be entertained. ( c ) Additional pleadings may be filed only if specifically requested or authorized by the person(s) who is to make the ruling. [ 85 FR 63179 , Oct. 6, 2020] § 1.296 Service. No pleading filed pursuant to § 1.51 or § 1.294 will be considered unless it is accompanied by proof of service upon the parties to the proceeding. (Secs. 4(i), 303(r) and 5(c)(1) of the Communications Act of 1934, as amended; 47 CFR 0.61 and 0.283 ) [ 49 FR 4381 , Feb. 6, 1984, as amended at 62 FR 4171 , Jan. 29, 1997] § 1.297 Oral argument. Oral argument with respect to any contested interlocutory matter will be held when, in the opinion of the person(s) who is to make the ruling, the ends of justice will be best served thereby. Timely notice will be given of the date, time, and place of any such oral argument. [ 29 FR 6444 , May 16, 1964] § 1.298 Rulings; time for action. ( a ) Unless it is found that irreparable injury would thereby be caused one of the parties, or that the public interest requires otherwise, or unless all parties have consented to the contrary, consideration of interlocutory requests will be withheld until the time for filing oppositions (and replies, if replies are allowed) has expired. As a matter of discretion, however, requests for continuances and extensions of time, requests for permission to file pleadings in excess of the length prescribed in this chapter, and requests for temporary relief may be ruled upon ex parte without waiting for the filing of responsive pleadings. ( b ) In the discretion of the presiding officer, rulings on interlocutory matters may be made orally to the parties. The presiding officer may, in his or her discretion, state reasons therefor on the record if the ruling is being transcribed, or may promptly issue a written statement of the reasons for the ruling, either separately or as part of an initial decision. [ 28 FR 12425 , Nov. 22, 1963, as amended at 29 FR 6444 , May 16, 1964; 41 FR 14874 , Apr. 8, 1976; 85 FR 63179 , Oct. 6, 2020] Appeal and Reconsideration of Presiding Officer's Ruling § 1.301 Appeal from interlocutory rulings by a presiding officer, other than the Commission, or a case manager; effective date of ruling. ( a ) Interlocutory rulings which are appealable as a matter of right. Rulings listed in this paragraph are appealable as a matter of right. An appeal from such a ruling may not be deferred and raised as an exception to the initial decision. ( 1 ) If a ruling denies or terminates the right of any person to participate as a party to a hearing proceeding, such person, as a matter of right, may file an appeal from that ruling. ( 2 ) If a ruling requires testimony or the production of documents, over objection based on a claim of privilege, the ruling on the claim of privilege is appealable as a matter of right. ( 3 ) If a ruling denies a motion to disqualify the presiding officer or case manager, the ruling is appealable as a matter of right. ( 4 ) A ruling removing counsel from the hearing is appealable as a matter of right, by counsel on his own behalf or by his client. (In the event of such ruling, the presiding officer will adjourn the hearing proceeding for such period as is reasonably necessary for the client to secure new counsel and for counsel to become familiar with the case). ( b ) Other interlocutory rulings. Except as provided in paragraph (a) of this section, appeals from interlocutory rulings shall be filed only if allowed by the presiding officer. Any party desiring to file an appeal shall first file a request for permission to file appeal. The request shall be filed within 5 days after the order is released or (if no written order) after the ruling is made. Pleadings responsive to the request shall be filed only if they are requested by the presiding officer. If the presiding officer made the ruling, the request shall contain a showing that the appeal presents a new or novel question of law or policy and that the ruling is such that error would be likely to require remand should the appeal be deferred and raised as an exception. If a case manager made the ruling, the request shall contain a showing that the appeal presents a question of law or policy that the case manager lacks authority to resolve. The presiding officer shall determine whether the showing is such as to justify an interlocutory appeal and, in accordance with his determination, will either allow or disallow the appeal or modify the ruling. Such ruling is final: Provided, however, That the Commission may, on its own motion, dismiss an appeal allowed under this section on the ground that objection to the ruling should be deferred and raised after the record is certified for decision by the Commission or as an exception to an initial decision. ( 1 ) If an appeal is not allowed, or is dismissed by the Commission, or if permission to file an appeal is not requested, objection to the ruling may be raised after the record is certified for decision by the Commission or on review of the initial decision. ( 2 ) If an appeal is allowed and is considered on its merits, the disposition on appeal is final. Objection to the ruling or to the action on appeal may not be raised after the record is certified for decision by the Commission or on review of the initial decision. ( 3 ) If the presiding officer modifies their initial ruling, any party adversely affected by the modified ruling may file a request for permission to file appeal, pursuant to the provisions of this paragraph. ( c ) Procedures, effective date. ( 1 ) Unless the presiding officer orders otherwise, rulings made shall be effective when the order is released or (if no written order) when the ruling is made. The Commission may stay the effect of any ruling that comes before it for consideration on appeal. ( 2 ) Appeals filed under paragraph (a) of this section shall be filed within 5 days after the order is released or (if no written order) after the ruling is made. Appeals filed under paragraph (b) of this section shall be filed within 5 days after the appeal is allowed. ( 3 ) The appeal shall conform with the specifications set out in § 1.49 and shall be subscribed and verified as provided in § 1.52 . ( 4 ) The appeal shall be served on parties to the proceeding (see §§ 1.47 and 1.211 ), and shall be filed with the Secretary, Federal Communications Commission, Washington, D.C. 20554. ( 5 ) The appeal shall not exceed 5 double-spaced typewritten pages. ( 6 ) Appeals are acted on by the Commission. ( 7 ) Oppositions and replies shall be served and filed in the same manner as appeals and shall be served on appellant if he is not a party to the proceeding. Oppositions shall be filed within 5 days after the appeal is filed. Replies shall not be permitted, unless the Commission specifically requests them. Oppositions shall not exceed 5 double-spaced typewritten pages. Replies shall not exceed 5 double-spaced typewritten pages. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154 , 303 , 307 ) [ 35 FR 17333 , Nov. 11, 1970, as amended at 40 FR 39509 , Aug. 28, 1975; 41 FR 14874 , Apr. 8, 1976; 41 FR 28789 , July 13, 1976; 46 FR 58682 , Dec. 3, 1981; 55 FR 36641 , Sept. 6, 1990; 62 FR 4171 , Jan. 29, 1997; 85 FR 63179 , Oct. 6, 2020] § 1.302 Appeal from final ruling by presiding officer other than the Commission; effective date of ruling. ( a ) If the presiding officer's ruling terminates a hearing proceeding, any party to the proceeding, as a matter of right, may file an appeal from that ruling within 30 days after the ruling is released. ( b ) Any party who desires to preserve the right to appeal shall file a notice of appeal within 10 days after the ruling is released. If a notice of appeal is not filed within 10 days, the ruling shall be effective 30 days after the ruling is released and within this period, may be reviewed by the Commission on its own motion. If an appeal is not filed following notice of appeal, the ruling shall be effective 50 days after the day of its release and, within this period, may be reviewed by the Commission on its own motion. If an appeal is filed, or if the Commission reviews the ruling on its own motion, the effect of the ruling is further stayed pending the completion of proceedings on appeal or review. ( c ) The appeal shall conform with the specifications set out in § 1.49 and shall be subscribed and verified as provided in § 1.52 . ( d ) The appeal shall be served on parties to the proceeding (see §§ 1.47 and 1.211 ), and shall be filed with the Secretary, Federal Communications Commission, Washington, D.C. 20554. ( e ) The appeal shall not exceed 25 double-spaced typewritten pages. ( f ) The Commission will act on the appeal. ( g ) Oppositions and replies shall be filed and served in the same manner as the appeal. Oppositions to an appeal shall be filed within 15 days after the appeal is filed. Replies to oppositions shall be filed within 10 days after the opposition is filed and shall be limited to matters raised in the oppositions. Oppositions shall not exceed 25 double-spaced typewritten pages. Replies shall not exceed 10 double-spaced typewritten pages. [ 35 FR 17333 , Nov. 11, 1970, as amended at 36 FR 7423 , Apr. 20, 1971; 62 FR 4171 , Jan. 29, 1997; 85 FR 63180 , Oct. 6, 2020] The Discovery and Preservation of Evidence Authority: Sections 1.311 through 1.325 are issued under secs. 4, 303, 409, 48 Stat., as amended, 1066, 1082, 1096; 47 U.S.C. 154 , 303 , 409 , 5 U.S.C. 552 . § 1.311 General. Sections 1.311 through 1.325 provide for taking the deposition of any person (including a party), for interrogatories to parties, and for orders to parties relating to the production of documents and things and for entry upon real property. These procedures may be used for the discovery of relevant facts, for the production and preservation of evidence for use in a hearing proceeding, or for both purposes. ( a ) Applicability. For purposes of discovery, these procedures may be used in any case of adjudication (as defined in the Administrative Procedure Act) which has been designated for hearing. For the preservation of evidence, they may be used in any case which has been designated for hearing and is conducted under the provisions of this subpart (see § 1.201 ). ( b ) Scope of examination. Persons and parties may be examined regarding any matter, not privileged, which is relevant to the hearing issues, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. It is not ground for objection to use of these procedures that the testimony will be inadmissible at the hearing if the testimony sought appears reasonably calculated to lead to the discovery of admissible evidence. The use of these procedures against the Commission is subject to the following additional limitations: ( 1 ) The informer's privilege shall encompass information which may lead to the disclosure of an informer's identity. ( 2 ) Commission personnel may not be questioned by deposition for the purposes of discovery except on special order of the Commission, but may be questioned by written interrogatories under § 1.323 . Interrogatories shall be served on the appropriate Bureau Chief (see § 1.21(b) ). They will be answered and signed by those personnel with knowledge of the facts. The answers will be served by the Secretary of the Commission upon parties to the proceeding. ( 3 ) Commission records are not subject to discovery under § 1.325 . The inspection of Commission records is governed by the Freedom of Information Act, as amended, and by §§ 0.451 through 0.467 of this chapter . Commission employees may be questioned by written interrogatories regarding the existence, nature, description, custody, condition and location of Commission records, but may not be questioned concerning their contents unless the records are available (or are made available) for inspection under §§ 0.451 through 0.467 . See § 0.451(b)(5) of this chapter . ( 4 ) Subject to paragraphs (b) (1) through (3) of this section, Commission personnel may be questioned generally by written interrogatories regarding the existence, description, nature, custody, condition and location of relevant documents and things and regarding the identity and location of persons having knowledge of relevant facts, and may otherwise only be examined regarding facts of the case as to which they have direct personal knowledge. ( c ) Schedule for use of the procedures. ( 1 ) Except as provided by special order of the presiding officer, discovery may be initiated after the initial conference provided for in § 1.248(b) of this part . ( 2 ) In all proceedings, the presiding officer may at any time order the parties or their attorneys to appear at a conference to consider the proper use of these procedures, the time to be allowed for such use, and/or to hear argument and render a ruling on disputes that arise under these rules. ( d ) Stipulations regarding the taking of depositions. If all of the parties so stipulate in writing and if there is no interference to the conduct of the proceeding, depositions may be taken before any person, at any time (subject to the limitation below) or place, upon any notice and in any manner, and when so taken may be used like other depositions. A copy of the stipulation shall be filed using the Commission's Electronic Comment Filing System, and a copy of the stipulation shall be served on the presiding officer or case manager at least 3 days before the scheduled taking of the deposition. [ 33 FR 463 , Jan. 12, 1968, as amended at 40 FR 39509 , Aug. 28, 1975; 47 FR 51873 , Nov. 18, 1982; 56 FR 794 , Jan. 9, 1991; 62 FR 4171 , Jan. 29, 1997; 85 FR 63180 , Oct. 6, 2020] § 1.313 Protective orders. The use of the procedures set forth in §§ 1.311 through 1.325 of this part is subject to control by the presiding officer, who may issue any order consistent with the provisions of those sections which is appropriate and just for the purpose of protecting parties and deponents or of providing for the proper conduct of the proceeding. Whenever doing so would be conducive to the efficient and expeditious conduct of the proceeding, the presiding officer may convene a conference to hear argument and issue a ruling on any disputes that may arise under these rules. The ruling, whether written or delivered on the record at a conference, may specify any measures, including the following to assure proper conduct of the proceeding or to protect any party or deponent from annoyance, expense, embarrassment or oppression: ( a ) That depositions shall not be taken or that interrogatories shall not be answered. ( b ) That certain matters shall not be inquired into. ( c ) That the scope of the examination or interrogatories shall be limited to certain matters. ( d ) That depositions may be taken only at some designated time or place, or before an officer, other than that stated in the notice. ( e ) That depositions may be taken only by written interrogatories or only upon oral examination. ( f ) That, after being sealed, the deposition shall be opened only by order of the presiding officer. [ 33 FR 463 , Jan. 12, 1968, as amended at 56 FR 794 , Jan. 9, 1991] § 1.314 Confidentiality of information produced or exchanged. ( a ) Any information produced in the course of a hearing proceeding may be designated as confidential by any parties to the proceeding, or third parties, pursuant to § 0.457 , § 0.459 , or § 0.461 of these rules. Any parties or third-parties asserting confidentiality for such materials must: ( 1 ) Clearly mark each page, or portion thereof, for which a confidential designation is claimed. The parties or third parties claiming confidentiality should restrict their designations to encompass only the specific information that they assert is confidential. If a confidential designation is challenged, the party or third party claiming confidentiality shall have the burden of demonstrating, by a preponderance of the evidence, that the materials designated as confidential fall under the standards for nondisclosure enunciated in the FOIA and that the designation is narrowly tailored to encompass only confidential information. ( 2 ) File with the Commission, using the Commission's Electronic Comment Filing System, a public version of the materials that redacts any confidential information and clearly marks each page of the redacted public version with a header stating “Public Version.” The Public Version shall be machine-readable whenever technically possible. Where the document to be filed electronically contains metadata that is confidential or protected from disclosure by a legal privilege (including, for example, the attorney-client privilege), the filer may remove such metadata from the Public Version before filing it electronically. ( 3 ) File an unredacted version of the materials containing confidential information, as directed by the Commission. Each page of the unredacted version shall display a header stating “Confidential Version.” The unredacted version must be filed on the same day as the Public Version. ( 4 ) Serve one copy of the Public Version and one copy of the Confidential Version on the attorney of record for each party to the proceeding or on a party if not represented by an attorney, either by hand delivery, overnight delivery, or email, together with a proof of such service in accordance with the requirements of § 1.47(g) . A copy of the Public Version and Confidential Version shall also be served on the presiding officer, as directed by the Commission. ( b ) An attorney of record for any party or any party that receives unredacted materials marked as confidential may disclose such materials solely to the following persons, only for use in prosecuting or defending a party to the hearing proceeding, and only to the extent necessary to assist in the prosecution or defense of the case: ( 1 ) Employees of counsel of record representing the parties in the hearing proceeding; ( 2 ) Officers or employees of the receiving party who are directly involved in the prosecution or defense of the case; ( 3 ) Consultants or expert witnesses retained by the parties; and ( 4 ) Court reporters and stenographers in accordance with the terms and conditions of this section. ( c ) The individuals identified above in paragraph (b) shall not disclose information designated as confidential to any person who is not authorized under this section to receive such information, and shall not use the information in any activity or function other than the prosecution or defense in the hearing proceeding. Each such individual who is provided access to the information shall sign a declaration or affidavit stating that the individual has personally reviewed the Commission's rules and understands the limitations they impose on the signing party. ( d ) Parties may make copies of materials marked confidential solely for use by the Commission or persons designated in paragraph (b) of this section. Each party shall maintain a log recording the number of copies made of all confidential material and the persons to whom the copies have been provided. ( e ) The presiding officer may adopt a protective order as appropriate. ( f ) Upon final termination of a hearing proceeding, including all appeals and applications for review, the parties shall ensure that all originals and reproductions of any confidential materials, along with the log recording persons who received copies of such materials, shall be provided to the producing party. In addition, upon final termination of the proceeding, any notes or other work product derived in whole or in part from the confidential materials of an opposing or third party shall be destroyed. [ 85 FR 63180 , Oct. 6, 2020] § 1.315 Depositions upon oral examination—notice and preliminary procedure. ( a ) Notice. A party to a hearing proceeding desiring to take the deposition of any person upon oral examination shall give a minimum of 21 days' notice to every other party, to the person to be examined, and to the presiding officer or case manager. A copy of the notice shall be filed with the Secretary of the Commission for inclusion in the Commission's Electronic Comment Filing System. Related pleadings shall be served and filed in the same manner. The notice shall contain the following information: ( 1 ) The name and address of each person to be examined, if known, and if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. ( 2 ) The time and place for taking the deposition of each person to be examined, and the name or descriptive title and address of the officer before whom the deposition is to be taken. ( 3 ) The matters upon which each person will be examined. See § 1.319 . ( b ) Responsive pleadings. ( 1 ) Within 7 days after service of the notice to take depositions, a motion opposing the taking of depositions may be filed by any party to the proceeding or by the person to be examined. See § 1.319(a) . ( 2 ) Within 14 days after service of the notice to take depositions, a response to the opposition motion may be filed by any party to the proceeding. ( 3 ) Additional pleadings should not be filed and will not be considered. ( 4 ) The computation of time provisions set forth in § 1.4(g) shall not apply to pleadings filed under the provisions of this paragraph. ( c ) Protective order. On an opposition motion filed under paragraph (b) of this section, or on his own motion, the presiding officer may issue a protective order. See § 1.313 . A protective order issued by the presiding officer on his own motion may be issued at any time prior to the date specified in the notice for the taking of depositions. ( d ) Authority to take depositions. ( 1 ) If an opposition motion is not filed within 7 days after service of the notice to take depositions, and if the presiding officer does not on his own motion issue a protective order prior to the time specified in the notice for the taking of depositions, the depositions described in the notice may be taken. An order for the taking of depositions is not required. ( 2 ) If an opposition motion is filed, the depositions described in the notice shall not be taken until the presiding officer has acted on that motion. If the presiding officer authorizes the taking of depositions, he may specify a time, place or officer for taking them different from that specified in the notice to take depositions. ( 3 ) If the presiding officer issues a protective order, the depositions described in the notice may be taken (if at all) only in accordance with the provisions of that order. [ 33 FR 10571 , July 25, 1968, as amended at 56 FR 794 , Jan. 9, 1991; 85 FR 63181 , Oct. 6, 2020] § 1.316 [Reserved] § 1.318 The taking of depositions. ( a ) Persons before whom depositions may be taken. Depositions shall be taken before any judge of any court of the United States; any U.S. Commissioner; any clerk of a district court; any chancellor, justice or judge of a supreme or superior court; the mayor or chief magistrate of a city; any judge of a county court, or court of common pleas of any of the United States; any notary public, not being of counsel or attorney to any party, nor interested in the event of the proceeding; or presiding officers, as provided in § 1.243 . ( b ) Attendance of witnesses. The attendance of witnesses at the taking of depositions may be compelled by the use of subpena as provided in §§ 1.331 through 1.340 . ( c ) Oath; transcript. The officer before whom the deposition is to be taken shall administer an oath or affirmation to the witness and shall personally, or by someone acting under his direction and in his presence record the testimony of the witness. The testimony may be taken stenographically or, upon approval by the presiding officer, testimony may be taken through the use of telephonically or electronically recorded methods, including videotape. In the event these latter methods are used for the deposition, the parties may agree to the waiver of the provisions of paragraphs (e) and (f) as appropriate and as approved by the presiding officer. ( d ) Examination. ( 1 ) In the taking of depositions upon oral examination, the parties may proceed with examination and cross-examination of deponents as permitted at the hearing. In lieu of participating in the oral examination, parties served with the notice to take depositions may transmit written interrogatories to the officer designated in the notice, who shall propound them to the witness and record the answers verbatim. ( 2 ) In the taking of depositions upon written interrogatories, the party who served the original interrogatories shall transmit copies of all interrogatories to the officer designated in the notice, who shall propound them to the witness and record the answers verbatim. ( e ) Submission of deposition to witness; changes; signing. When the testimony is fully transcribed, the deposition of each witness shall be submitted to him for examination and shall be read to or by him, unless such examination and reading are waiver by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing, or the witness is ill, cannot be found, or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver, the illness or absence of the witness, or of his refusal to sign, together with the reason (if any) given therefor; and the deposition may then be used as fully as though signed, unless upon a motion to suppress, the presiding officer holds that the reason given for the refusal to sign requires rejection of the deposition in whole or in part. ( f ) Certification of deposition and filing by officer; copies. The officer shall certify on the deposition that the witness was duly sworn by him, that the deposition is a true record of the testimony given by the witness, and that said officer is not of counsel or attorney to either of the parties, nor interested in the event of the proceeding or investigation. He shall then securely seal the deposition in an envelope endorsed with the title of the action and marked “Deposition of (here insert name of witness)” and shall promptly send the original and two copies of the deposition and of all exhibits, together with the notice and any interrogatories received by him, by certified mail to the Secretary of the Commission. [ 33 FR 463 , Jan. 12, 1968, as amended at 47 FR 51873 , Nov. 18, 1982] § 1.319 Objections to the taking of depositions. ( a ) Objections to be made by motion prior to the taking of depositions. If there is objection to the substance of any interrogatory or to examination on any matter clearly covered by the notice to take depositions, the objection shall be made in a motion opposing the taking of depositions or in a motion to limit or suppress the interrogatory as provided in §§ 1.315(b) and 1.316(d) and shall not be made at the taking of the deposition. ( b ) Objections to be made at the taking of depositions. Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless reasonable objection thereto is made at the taking of the deposition. If such objection is made, counsel shall, if possible, agree upon the measures required to obviate, remove, or cure such errors. The measures agreed upon shall be taken. If agreement cannot be reached, the objection shall be noted on the deposition by the officer taking it, and the testimony objected to shall be taken subject to the objection. ( c ) Additional objections which may be made at the taking of depositions. Objection may be made at the taking of depositions on the ground of relevancy or privilege, if the notice to take depositions does not clearly indicate that the witness is to be examined on the matters to which the objection relates. See paragraph (a) of this section. Objection may also be made on the ground that the examination is being conducted in such manner as to unreasonably annoy, embarrass, or oppress a deponent or party. ( 1 ) When there is objection to a line of questioning, as permitted by this paragraph, counsel shall, if possible, reach agreement among themselves regarding the proper limits of the examination. ( 2 ) If counsel cannot agree on the proper limits of the examination the taking of depositions shall continue on matters not objected to and counsel shall, within 24 hours, either jointly or individually, provide statements of their positions to the presiding officer, together with the telephone numbers at which they and the officer taking the depositions can be reached, or shall otherwise jointly confer with the presiding officer. If individual statements are submitted, copies shall be provided to all counsel participating in the taking of depositions. ( 3 ) The presiding officer shall promptly rule upon the question presented or take such other action as may be appropriate under § 1.313 , and shall give notice of his ruling, expeditiously, to counsel who submitted statements and to the officer taking the depositions. The presiding officer shall thereafter reduce his ruling to writing. The presiding officer shall thereafter reduce his ruling to writing. ( 4 ) The taking of depositions shall continue in accordance with the presiding officer's ruling. Such rulings are not subject to appeal. [ 33 FR 463 , Jan. 12, 1968, as amended at 85 FR 63181 , Oct. 6, 2020] § 1.321 Use of depositions in hearing proceedings. ( a ) No inference concerning the admissibility of a deposition in evidence shall be drawn because of favorable action on the notice to take depositions. ( b ) Except as provided in this paragraph and in § 1.319 , objection may be made to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying. ( 1 ) Objections to the competency of a witness, or the competency, relevancy or materiality of testimony are waived by failure to make them before or during the taking of depositions if (and only if) the ground of the objection is one which might have been obviated or removed if presented at that time. ( 2 ) Objection on the ground of privilege is waived by failure to make it before or during the taking of depositions. ( c ) A party shall not be deemed to make a person his own witness for any purpose by taking his deposition. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition as described in paragraph (d)(2) of this section. At the hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party. ( d ) At the hearing (or in a pleading), any part or all of a deposition, so far as admissible, may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof, in accordance with any one of the following provisions: ( 1 ) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness. ( 2 ) The deposition of a party or of any one who at the time of taking the deposition was an officer, director, or managing agent of a public or private corporation, partnership or association which is a party may be used by an adverse party for any purpose. ( 3 ) The deposition of any witness, whether or not a party, may be used by any party for any lawful purpose. ( 4 ) If only part of a deposition is offered in evidence by a party, an adverse party may require him to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts. ( 5 ) Substitution of parties does not affect the right to use depositions previously taken; and, when an action in any hearing has been dismissed and another action involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor. [ 33 FR 463 , Jan. 12, 1968, as amended at 41 FR 14874 , Apr. 8, 1976; 85 FR 63181 , Oct. 6, 2020] § 1.323 Interrogatories to parties. ( a ) Interrogatories. Any party may serve upon any other party written interrogatories to be answered in writing by the party served or, if the party served is a public or private corporation, partnership, association, or similar entity, by any officer or agent, who shall furnish such information as is available to the party. Copies of the interrogatories, answers, and all related pleadings shall be filed with the Commission and served on the presiding officer and all other parties to the hearing proceeding. ( 1 ) Except as otherwise provided in a protective order, the number of interrogatories or sets of interrogatories is not limited. ( 2 ) Except as provided in such an order, interrogatories may be served after a deposition has been taken, and a deposition may be sought after interrogatories have been answered. ( b ) Answers and objections. Each interrogatory shall be answered separately and fully in writing under oath or affirmation, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers shall be signed by the person making them, and the objections by the attorney making them. The party upon whom the interrogatories were served shall serve a copy of the answers and objections upon all parties to the proceeding within 14 days after service of the interrogatories, or within such shorter or longer period as the presiding officer may allow. Answers may be used in the same manner as depositions of a party (see § 1.321(d) ). ( c ) Motion to compel an answer. Any party to the proceeding may, within 7 days, move for an order with respect to any objection or other failure to answer an interrogatory. For purposes of this paragraph, an evasive or incomplete answer is a failure to answer; and if the motion is based on the assertion that the answer is evasive or incomplete, it shall contain a statement as to the scope and detail of an answer which would be considered responsive and complete. The party upon whom the interrogatories were served may file a response within 7 days after the motion is filed, to which he may append an answer or an amended answer. Additional pleadings should not be submitted and will not be considered. ( d ) Action by the presiding officer. If the presiding officer determines that an objection is not justified, he shall order that the answer be served. If an interrogatory has not been answered, the presiding officer may rule that the right to object has been waived and may order that an answer be served. If an answer does not comply fully with the requirements of this section, the presiding officer may order that an amended answer be served, may specify the scope and detail of the matters to be covered by the amended answer, and may specify any appropriate procedural consequences (including adverse findings of fact and dismissal with prejudice) which will follow from the failure to make a full and responsive answer. If a full and responsive answer is not made, the presiding officer may issue an order invoking any of the procedural consequences specified in the order to compel an answer. ( e ) Appeal. As order to compel an answer is not subject to appeal. [ 33 FR 10572 , July 25, 1968, as amended at 35 FR 17334 , Nov. 11, 1970; 85 FR 63181 , Oct. 6, 2020] § 1.325 Discovery and production of documents and things for inspection, copying, or photographing. ( a ) A party to a Commission proceeding may request any other party except the Commission to produce and permit inspection and copying or photographing, by or on behalf of the requesting party, of any designated documents, papers, books, accounts, letters, photographs, objects, or tangible things which constitute or contain evidence within the scope of the examination permitted by § 1.311(b) of this part and which are in his possession, custody, or control or to permit entry upon designated land or other property in his possession or control for purposes of inspecting, measuring, surveying, or photographing the property or any designated object or operation thereon within the scope of the examination permitted by § 1.311(b) of this part . ( 1 ) Copies of the request shall be filed with the Commission and served on the presiding officer and all other parties to the hearing proceeding. ( 2 ) The party against whom the request was made must, within 10 days, comply with the request or object to the request, claiming a privilege or raising other proper objections. If the request is not complied with in whole or in part, the requesting party may file a motion to compel production of documents or access to property with the presiding officer. A motion to compel must be accompanied by a copy of the original request and the responding party's objection or claim of privilege. Motions to compel must be filed within five business days of the objection or claim of privilege. ( 3 ) In resolving any disputes involving the production of documents or access to property, the presiding officer may direct that the materials objected to be presented to him for in camera inspection. ( b ) Any party seeking the production of Commission records should proceed under § 0.460 or § 0.461 of this chapter . See §§ 0.451 through 0.467 . [ 33 FR 463 , Jan. 12, 1968, as amended at 40 FR 39509 , Aug. 28, 1975; 56 FR 794 , Jan. 9, 1991; 56 FR 25639 , June 5, 1991; 76 FR 70908 , Nov. 16, 2011; 85 FR 63181 , Oct. 6, 2020] Subpenas Authority: Sections 1.331 and 1.333 through 1.340 are issued under sec. 409, 48 Stat. 1096; 47 U.S.C. 409 . § 1.331 Who may sign and issue. Subpenas requiring the attendance and testimony of witnesses, and subpenas requiring the production of any books, papers, schedules of charges, contracts, agreements, and documents relating to any matter under investigation or hearing, may be signed and issued by the presiding officer. [ 85 FR 63181 , Oct. 6, 2020] § 1.333 Requests for issuance of subpena. ( a ) Unless submitted on the record while a hearing is in progress, requests for a subpena ad testificandum shall be submitted in writing. ( b ) Requests for a subpena duces tecum shall be submitted in writing, duly subscribed and verified, and shall specify with particularity the books, papers, and documents desired and the facts expected to be proved thereby. Where the subpena duces tecum request is directed to a nonparty to the proceeding, the presiding officer may issue the same, upon request, without an accompanying subpena to enforce a notice to take depositions, provided for in paragraph (e) of this section, where it appears that the testimony of said person is not required in connection with the subpena duces tecum. ( c ) All requests for subpenas shall be supported by a showing of the general relevance and materiality of the evidence sought. ( d ) Requests for subpenas shall be submitted in triplicate, but need not be served on the parties to the proceeding. ( e ) Requests for issuance of a subpena ad testificandum to enforce a notice to take depositions shall be submitted in writing. Such requests may be submitted with the notice or at a later date. The request shall not be granted until the period for the filing of motions opposing the taking of depositions has expired or, if a motion has been filed, until that motion has been acted on. Regardless of the time when the subpena request is submitted, it need not be accompanied by a showing that relevant and material evidence will be adduced, but merely that the person will be examined regarding a nonprivileged matter which is relevant to the hearing issues. The subpena request may ask that a subpena duces tecum be contemporaneously issued commanding the person to whom it is directed to produce designated books, papers, documents, or tangible things which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by § 1.311(b) but in that event the subpena request will be subject to the provisions of § 1.313 and paragraph (b) of this section. ( f ) Requests for issuance of a subpena duces tecum to enforce an order for the production of documents and things for inspection and copying under § 1.325 may be submitted with the motion requesting the issuance of such an order. Regardless of the time when the subpena request is submitted, it need not be accompanied by a showing that relevant and material evidence will be adduced, but merely that the documents and things to be examined contain nonprivileged matter which is relevant to the subject matter of the proceeding. [ 28 FR 12425 , Nov. 22, 1963, as amended at 33 FR 466 , Jan. 12, 1968; 47 FR 51873 , Nov. 18, 1982] § 1.334 Motions to quash. Any person against whom a subpena is directed may file a motion to quash or limit the subpena, setting forth the reasons why the subpena should not be complied with or why it should be limited in scope. § 1.335 Rulings. Prompt notice, including a brief statement of the reasons therefor, will be given of the denial, in whole or in part, of a request for subpena or of a motion to quash. § 1.336 Service of subpenas. ( a ) A subpena may be served by a United States marshal or his deputy, by Commission personnel, or by any person who is not a party to the proceeding and is not less than 18 years of age. ( b ) Service of a subpena upon the person named therein shall be made by exhibiting the original subpena to him, by reading the original subpena to him if he is unable to read, by delivering the duplicate subpena to him, and by tendering to him the fees for one day's attendance at the proceeding to which he is summoned and the mileage allowed by law. If the subpena is issued on behalf of the United States or an officer or agency thereof, attendance fees and mileage need not be tendered. § 1.337 Return of service. ( a ) If service of the subpena is made by a person other than a United States marshal or his deputy such person shall make affidavit thereof, stating the date, time, and manner of service. ( b ) In case of failure to make service, the reasons for the failure shall be stated on the original subpena by the person who attempted to make service. ( c ) The original subpena, bearing or accompanied by the required return affidavit or statement, shall be returned forthwith to the Secretary of the Commission or, if so directed on the subpena, to the official before whom the person named in the subpena is required to appear. § 1.338 Subpena forms. ( a ) Subpena forms are available on the Commission's internet site, www.fcc.gov , as FCC Form 766. These forms are to be completed and submitted with any request for issuance of a subpena. ( b ) If the request for issuance of a subpena is granted, the “Original” and “Duplicate” copies of the subpena are returned to the person who submitted the request. The “Triplicate” copy is retained for the Commission's files. ( c ) The “Original” copy of the subpena includes a form for proof of service. This form is to be executed by the person who effects service and returned by him to the Secretary of the Commission or, if so directed on the subpena, to the official before whom the person named in the subpena is required to appear. ( d ) The “Duplicate” copy of the subpena shall be served upon the person named therein and retained by him. This copy should be presented in support of any claim for witness fees or mileage allowances for testimony on behalf of the Commission. [ 28 FR 12425 , Nov. 22, 1963, as amended at 85 FR 63181 , Oct. 6, 2020] § 1.339 Witness fees. Witnesses who are subpenaed and respond thereto are entitled to the same fees, including mileage, as are paid for like service in the courts of the United States. Fees shall be paid by the party at whose instance the testimony is taken. § 1.340 Attendance of witness; disobedience. The attendance of witnesses and the production of documentary evidence may be required from any place in the United States at any designated place of hearing. In case of disobedience to a subpena, the Commission or any party to a proceeding before the Commission may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence. Evidence § 1.351 Rules of evidence. In hearings subject to this subpart B, any oral or documentary evidence may be adduced, but the presiding officer shall exclude irrelevant, immaterial, or unduly repetitious evidence. [ 85 FR 63181 , Oct. 6, 2020] § 1.352 Cumulative evidence. The introduction of cumulative evidence shall be avoided, and the number of witnesses that may be heard in behalf of a party on any issue may be limited. § 1.353 Further evidence during hearing. At any stage of a hearing, the presiding officer may call for further evidence upon any issue and may require such evidence to be submitted by any party to the proceeding. § 1.354 Documents containing matter not material. If material and relevant matter offered in evidence is embraced in a document containing other matter not material or relevant, and not intended to be put in evidence, such document will not be received, but the party offering the same shall present to other counsel, and to the presiding officer, the original document, together with true copies of such material and relevant matter taken therefrom, as it is desired to introduce. Upon presentation of such matter, material and relevant, in proper form, it may be received in evidence, and become a part of the record. Other counsel will be afforded an opportunity to introduce in evidence, in like manner, other portions of such document if found to be material and relevant. § 1.355 Documents in foreign language. Every document, exhibit, or other paper written in a language other than English, which shall be filed in any proceeding, or in response to any order, shall be filed in the language in which it is written together with an English translation thereof duly verified under oath to be a true translation. Each copy of every such document, exhibit, or other paper filed shall be accompanied by a separate copy of the translation. § 1.356 Copies of exhibits. No document or exhibit, or part thereof, shall be received as, or admitted in, evidence unless offered in duplicate. In addition, when exhibits of a documentary character are to be offered in evidence, copies shall be furnished to other counsel unless the presiding officer otherwise directs. § 1.357 Mechanical reproductions as evidence. Unless offered for the sole purpose of attempting to prove or demonstrate sound effect, mechanical or physical reproductions of sound waves shall not be admitted in evidence. Any party desiring to offer any matter alleged to be contained therein or thereupon shall have such matter typewritten on paper of the size prescribed by § 1.49 , and the same shall be identified and offered in duplicate in the same manner as other exhibits. § 1.358 Tariffs as evidence. In case any matter contained in a tariff schedule on file with the Commission is offered in evidence, such tariff schedule need not be produced or marked for identification, but the matter so offered shall be specified with particularity (tariff and page number) in such manner as to be readily identified, and may be received in evidence by reference subject to check with the original tariff schedules on file. § 1.359 Proof of official record; authentication of copy. An official record or entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having legal custody of the record, or by his deputy, and accompanied with a certificate that such officer has the custody. If the office in which the record is kept is within the United States or within a territory or insular possession subject to the dominion of the United States, the certificate may be made by the judge of a court of record of the district or political subdivision in which the record is kept, authenticated by the seal of the court, or may be made by any public officer having a seal of office having official duties in the district or political subdivision in which the record is kept, authenticated by the seal of his office. If the office in which the record is kept is in a foreign state or country, the certificate may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent, or by any officer in the foreign service of the United States stationed in the foreign state or country in which the record is kept, and authenticated by the seal of his office. § 1.360 Proof of lack of record. The absence of an official record or entry of a specified tenor in an official record may be evidenced by a written statement signed by an officer, or by his deputy, who would have custody of the official record, if it existed, that after diligent search no record or entry of a specified tenor is found to exist in the records of his office, accompanied by a certificate as provided in § 1.359 . Such statement and certificate are admissible as evidence that the records of his office contain no such record or entry. § 1.361 Other proof of official record. Sections 1.359 and 1.360 do not prevent the proof of official records or of entry or lack of entry therein by any method authorized by any applicable statute or by the rules of evidence at common law. § 1.362 Production of statements. After a witness is called and has given direct testimony in an oral hearing, and before he or she is excused, any party may move for the production of any statement of such witness, or part thereof, pertaining to his or her direct testimony, in possession of the party calling the witness, if such statement has been reduced to writing and signed or otherwise approved or adopted by the witness. Such motion shall be directed to the presiding officer. If the party declines to furnish the statement, the testimony of the witness pertaining to the requested statement shall be stricken. [ 85 FR 63181 , Oct. 6, 2020] § 1.363 Introduction of statistical data. ( a ) All statistical studies, offered in evidence in common carrier hearing proceedings, including but not limited to sample surveys, econometric analyses, and experiments, and those parts of other studies involving statistical methodology shall be described in a summary statement, with supplementary details added in appendices so as to give a comprehensive delineation of the assumptions made, the study plan utilized and the procedures undertaken. In the case of sample surveys, there shall be a clear description of the survey design, including the definition of the universe under study, the sampling frame, and the sampling units; an explanation of the method of selecting the sample and the characteristics measured or counted. In the case of econometric investigations, the econometric model shall be completely described and the reasons given for each assumption and statistical specification. The effects on the final results of changes in the assumptions should be made clear. When alternative models and variables have been employed, a record shall be kept of these alternative studies, so as to be available upon request. In the case of experimental analyses, a clear and complete description of the experimental design shall be set forth, including a specification of the controlled conditions and how the controls were realized. In addition, the methods of making observations and the adjustments, if any, to observed data shall be described. In the case of every kind of statistical study, the following items shall be set forth clearly: The formulas used for statistical estimates, standard errors and test statistics, the description of statistical tests, plus all related computations, computer programs and final results. Summary descriptions of input data shall be submitted. Upon request, the actual input data shall be made available. ( b ) In the case of all studies and analyses offered in evidence in common carrier hearing proceedings, other than the kinds described in paragraph (a) of this section, there shall be a clear statement of the study plan, all relevant assumptions and a description of the techniques of data collection, estimation and/or testing. In addition, there shall be a clear statement of the facts and judgments upon which conclusions are based and a statement of the relative weights given to the various factors in arriving at each conclusion, together with an indication of the alternative courses of action considered. Lists of input data shall be made available upon request. [ 35 FR 16254 , Oct. 16, 1970] § 1.364 Testimony by speakerphone. ( a ) If all parties to the proceeding consent and the presiding officer approves, the testimony of a witness may be taken by speakerphone. ( b ) Documents used by the witness shall be made available to counsel by the party calling the witness in advance of the speakerphone testimony. The taking of testimony by speakerphone shall be subject to such other ground rules as the parties may agree upon. [ 43 FR 33251 , July 31, 1978] Hearings on a Written Record Source: 85 FR 63183 , Oct. 6, 2020, unless otherwise noted. § 1.370 Purpose. Hearings under this subpart B that the Commission or one of its Bureaus, acting on delegated authority, determines shall be conducted and resolved on a written record are subject to §§ 1.371 through 1.377 . If an order designating a matter for hearing does not specify whether those rules apply to a hearing proceeding, and if the proceeding is not subject to 5 U.S.C. 554 , the presiding officer may, in their discretion, conduct and resolve all or part of the hearing proceeding on a written record in accordance with §§ 1.371 through 1.377 . § 1.371 General pleading requirements. Written hearings shall be resolved on a written record consisting of affirmative case, responsive case, and reply case submissions, along with all associated evidence in the record, including stipulations and agreements of the parties and official notice of a material fact. ( a ) All pleadings filed in any proceeding subject to these written hearing rules must be submitted in conformity with the requirements of §§ 1.4 , 1.44 , 1.47 , 1.48 , 1.49 , 1.50 , 1.51(a) , and 1.52 . ( b ) Pleadings must be clear, concise, and direct. All matters should be pleaded fully and with specificity. ( c ) Pleadings shall consist of numbered paragraphs and must be supported by relevant evidence. Assertions based on information and belief are prohibited unless made in good faith and accompanied by a declaration or affidavit explaining the basis for the party's belief and why the party could not reasonably ascertain the facts from any other source. ( d ) Legal arguments must be supported by appropriate statutory, judicial, or administrative authority. ( e ) Opposing authorities must be distinguished. ( f ) Copies must be provided of all non-Commission authorities relied upon which are not routinely available in national reporting systems, such as unpublished decisions or slip opinions of courts or administrative agencies. In addition, copies of state authorities relied upon shall be provided. ( g ) Parties are responsible for the continuing accuracy and completeness of all information and supporting authority furnished in a pending proceeding. Information submitted, as well as relevant legal authorities, must be current and updated as necessary and in a timely manner before a decision is rendered on the merits. ( h ) Pleadings shall identify the name, address, telephone number, and email address for either the filing party's attorney or, where a party is not represented by an attorney, the filing party. Pleadings may be signed by a party's attorney. ( i ) Attachments to any pleading shall be Bates-stamped or otherwise identifiable by party and numbered sequentially. Parties shall cite to Bates-stamped or otherwise identifiable page numbers in their pleadings. ( j ) Unless a schedule is specified in the order designating a matter for hearing, at the initial status conference under § 1.248(b) , the presiding officer shall adopt a schedule for the sequential filing of pleadings required or permitted under these rules. ( k ) Pleadings shall be served on all parties to the proceeding in accordance with § 1.211 and shall include a certificate of service. All pleadings shall be served on the presiding officer or case manager, as identified in the caption. ( l ) Each pleading must contain a written verification that the signatory has read the submission and, to the best of their knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law; and that it is not interposed for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of the proceeding. If any pleading or other submission is signed in violation of this provision, the Commission may upon motion or upon its own initiative impose appropriate sanctions. ( m ) Any party to the proceeding may file a motion seeking waiver of any of the rules governing pleadings in written hearings. Such waiver may be granted for good cause shown. ( n ) Any pleading that does not conform with the requirements of the applicable rules may be deemed defective. In such case, the presiding officer may strike the pleading or request that specified defects be corrected and that proper pleadings be filed with the Commission and served on the presiding officer or case manager and all parties within a prescribed time as a condition to being made a part of the record in the proceeding. ( o ) Any party that fails to respond to official correspondence, a request for additional information, or an order or directive from the presiding officer or case manager may be subject to appropriate sanctions. § 1.372 The affirmative case. ( a ) Within 30 days after the completion of the discovery period as determined by the presiding officer, unless otherwise directed by the presiding officer, any party to the proceeding with the burden of proof shall file a pleading entitled “affirmative case” that fully addresses each of the issues designated for hearing. The affirmative case submission shall include: ( 1 ) A statement of relevant material facts, supported by sworn statements based on personal knowledge, documentation, or by other materials subject to consideration by the presiding officer, and a full legal analysis of each of the issues designated for hearing; ( 2 ) Citation to relevant sections of the Communications Act or Commission regulations or orders; and ( 3 ) The relief sought. ( b ) The affirmative case submission shall address all factual and legal questions designated for hearing, and state in detail the basis for the response to each such question. Responses based on information and belief are prohibited unless made in good faith and accompanied by a declaration or affidavit explaining the basis for the party's belief and why the party could not reasonably ascertain the facts. When a party intends in good faith to deny only part of a designated question in the affirmative case, that party shall specify so much of it as is true and shall deny only the remainder. ( c ) Failure to address in an affirmative case submission all factual and legal questions designated for hearing may result in inferences adverse to the filing party. § 1.373 The responsive case. ( a ) Any other party may file a responsive case submission in the manner prescribed under this section within 30 calendar days of the filing of the affirmative case submission, unless otherwise directed by the presiding officer. The responsive case submission shall include: ( 1 ) A statement of relevant material facts, supported by sworn statements based on personal knowledge, documentation, or by other materials subject to consideration by the presiding officer, and a full legal analysis of any issues designated for hearing. ( 2 ) Citation to relevant sections of the Communications Act or Commission regulations or orders; and ( 3 ) Any relief sought. ( b ) The responsive case submission shall respond specifically to all material allegations made in the affirmative case submission. Every effort shall be made to narrow the issues for resolution by the presiding officer. ( c ) Statements of fact or law in an affirmative case filed pursuant to § 1.372 are deemed admitted when not rebutted in a responsive case submission. § 1.374 The reply case. ( a ) Any party who filed an affirmative case may file and serve a reply case submission within 15 days of the filing of any responsive case submission, unless otherwise directed by the presiding officer. ( b ) The reply case submission shall contain statements of relevant material facts, supported by sworn statements based on personal knowledge, documentation, or by other materials subject to consideration by the presiding officer, and a full legal analysis that responds only to the factual allegations and legal arguments made in any responsive case. Other allegations or arguments will not be considered by the presiding officer. ( c ) Failure to submit a reply case submission shall not be deemed an admission of any allegations contained in any responsive case. § 1.375 Other written submissions. ( a ) The presiding officer may require or permit the parties to file other written submissions such as briefs, proposed findings of fact and conclusions of law, or other supplementary documents or pleadings. The presiding officer may limit the scope of any such pleadings to certain subjects or issues. ( b ) The presiding officer may require the parties to submit any additional information deemed appropriate for a full, fair, and expeditious resolution of the proceeding. § 1.376 Oral hearing or argument. ( a ) Notwithstanding any requirement in the designation order that the hearing be conducted and resolved on a written record, a party may file a motion to request an oral hearing pursuant to § 1.291 . Any such motion shall be filed after the submission of all the pleadings but no later than the date established in the scheduling order. See §§ 1.248 and 1.372 through 1.374 . The motion shall contain a list of genuine disputes as to outcome-determinative facts that the movant contends cannot adequately be resolved on a written record and a list of witnesses whose live testimony would be required to resolve such disputes. The motion also shall contain supporting legal analysis, including citations to relevant authorities and parts of the record. If the presiding officer finds that there is a genuine dispute as to an outcome-determinative fact that cannot adequately be resolved on a written record, the presiding officer shall conduct an oral hearing limited to testimony and cross-examination necessary to resolve that dispute. ( b ) The presiding officer may, on his or her own motion following the receipt of all written submissions, conduct an oral hearing to resolve a genuine dispute as to an outcome-determinative fact that the presiding officer finds cannot adequately be resolved on a written record. Any such oral hearing shall be limited to testimony and cross-examination necessary to resolve that dispute. ( c ) Oral argument shall be permitted only if the presiding officer determines that oral argument is necessary to resolution of the hearing. § 1.377 Certification of the written hearing record to the Commission for decision. When the Commission is the presiding officer and it has appointed a case manager under § 1.242 , the case manager shall certify the record for decision to the Commission promptly after the hearing record is closed. Notice of such certification shall be served on all parties to the proceeding. Subpart C—Rulemaking Proceedings Authority: 5 U.S.C. 553 . Source: 28 FR 12432 , Nov. 22, 1963, unless otherwise noted. General § 1.399 Scope. This subpart shall be applicable to notice and comment rulemakings proceedings conducted under 5 U.S.C. 553 , and shall have no application to formal rulemaking (or rate making) proceedings unless the Commission directs that it shall govern the conduct of a particular proceeding. [ 42 FR 25735 , May 19, 1977] § 1.400 Definitions. As used in this subpart, the term party refers to any person who participates in a proceeding by the timely filing of a petition for rule making, comments on a notice of proposed rule making, a petition for reconsideration, or responsive pleadings in the manner prescribed by this subpart. The term does not include those who submit letters, telegrams or other informal materials. [ 41 FR 1287 , Jan. 7, 1976] Petitions and Related Pleadings § 1.401 Petitions for rulemaking. ( a ) Any interested person may petition for the issuance, amendment or repeal of a rule or regulation. ( b ) The petition for rule making shall conform to the requirements of §§ 1.49 , 1.52 , and 1.419(b) (or § 1.420(e) , if applicable), and shall be submitted or addressed to the Secretary, Federal Communications Commission, Washington, DC 20554, or may be submitted electronically. ( c ) The petition shall set forth the text or substance of the proposed rule, amendment, or rule to be repealed, together with all facts, views, arguments and data deemed to support the action requested, and shall indicate how the interests of petitioner will be affected. ( d ) Petitions for amendment of the FM Table of Assignments ( § 73.202 of this chapter ) or the Television Table of Assignments ( § 73.606 ) shall be served by petitioner on any Commission licensee or permittee whose channel assignment would be changed by grant of the petition. The petition shall be accompanied by a certificate of service on such licensees or permittees. Petitions to amend the FM Table of Allotments must be accompanied by the appropriate construction permit application and payment of the appropriate application filing fee. ( e ) Petitions which are moot, premature, repetitive, frivolous, or which plainly do not warrant consideration by the Commission may be denied or dismissed without prejudice to the petitioner. [ 28 FR 12432 , Nov. 22, 1963, as amended at 28 FR 14503 , Dec. 31, 1963; 40 FR 53391 , Nov. 18, 1975; 45 FR 42621 , June 25, 1980; 63 FR 24125 , May 1, 1998; 71 FR 76215 , Dec. 20, 2006] § 1.403 Notice and availability. All petitions for rulemaking (other than petitions to amend the FM, Television, and Air-Ground Tables of Assignments) meeting the requirements of § 1.401 will be given a file number and, promptly thereafter, a “Public Notice” will be issued (by means of a Commission release entitled “Petitions for Rule Making Filed”) as to the petition, file number, nature of the proposal, and date of filing. Petitions for rulemaking are available through the Commission's Reference Information Center at the FCC's main office, and may also be available electronically at https://www.fcc.gov/ . [ 85 FR 64405 , Oct. 13, 2020, as amended at 88 FR 21433 , Apr. 10, 2023] § 1.405 Responses to petitions; replies. Except for petitions to amend the FM Television or Air-Ground Tables of Assignments: ( a ) Any interested person may file a statement in support of or in opposition to a petition for rule making prior to Commission action on the petition but not later than 30 days after “Public Notice”, as provided for in § 1.403 , is given of the filing of such a petition. Such a statement shall be accompanied by proof of service upon the petitioner on or prior to the date of filing in conformity with § 1.47 and shall conform in other aspects with the requirements of §§ 1.49 , 1.52 , and 1.419(b) . ( b ) Any interested person may file a reply to statements in support of or in opposition to a petition for rule making prior to Commission action on the petition but not later than 15 days after the filing of such a statement. Such a reply shall be accompanied by proof of service upon the party or parties filing the statement or statements to which the reply is directed on or prior to the date of filing in conformity with § 1.47 and shall conform in other aspects with the requirements of §§ 1.49 , 1.52 , and 1.419(b) . ( c ) No additional pleadings may be filed unless specifically requested by the Commission or authorized by it. ( d ) The Commission may act on a petition for rule making at any time after the deadline for the filing of replies to statements in support of or in opposition to the petition. Statements in support of or in opposition to a petition for rule making, and replies thereto, shall not be filed after Commission action. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154 , 303 , 307 ) [ 28 FR 12413 , Nov. 22, 1963, as amended at 28 FR 14503 , Dec. 31, 1963; 45 FR 42621 , June 25, 1980; 46 FR 60404 , Dec. 9, 1981] § 1.407 Action on petitions. If the Commission determines that the petition discloses sufficient reasons in support of the action requested to justify the institution of a rulemaking proceeding, and notice and public procedure thereon are required or deemed desirable by the Commission, an appropriate notice of proposed rule making will be issued. In those cases where notice and public procedure thereon are not required, the Commission may issue a final order amending the rules. In all other cases the petition for rule making will be denied and the petitioner will be notified of the Commission's action with the grounds therefor. Rulemaking Proceedings § 1.411 Commencement of rulemaking proceedings. Rulemaking proceedings are commenced by the Commission, either on it own motion or on the basis of a petition for rulemaking. See §§ 1.401-1.407 . § 1.412 Notice of proposed rulemaking. ( a ) Except as provided in paragraphs (b) and (c) of this section, prior notice of proposed rulemaking will be given. ( 1 ) Notice is ordinarily given by publication of a “Notice of Proposed Rule Making” in the Federal Register. A summary of the full decision adopted by the Commission constitutes a “Notice of Proposed Rulemaking” for purposes of Federal Register publication. ( 2 ) If all persons subject to the proposed rules are named, the proposal may (in lieu of publication) be personally served upon those persons. ( 3 ) If all persons subject to the proposed rules are named and have actual notice of the proposal as a matter of law, further prior notice of proposed rulemaking is not required. ( b ) Rule changes (including adoption, amendment, or repeal of a rule or rules) relating to the following matters will ordinarily be adopted without prior notice: ( 1 ) Any military, naval, or foreign affairs function of the United States. ( 2 ) Any matter relating to Commission management or personnel or to public property, loans, grants, benefits, or contracts. ( 3 ) Interpretative rules. ( 4 ) General statements of policy. ( 5 ) Rules of Commission organization, procedure, or practice. ( c ) Rule changes may in addition be adopted without prior notice in any situation in which the Commission for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. The finding of good cause and a statement of the basis for that finding are in such situations published with the rule changes. ( d ) In addition to the notice provisions of paragraph (a) of this section, the Commission, before prescribing any requirements as to accounts, records, or memoranda to be kept by carriers, will notify the appropriate State agencies having jurisdiction over any carrier involved of the proposed requirements. [ 28 FR 12432 , Nov. 22, 1963, as amended at 51 FR 7445 , Mar. 4, 1986] § 1.413 Content of notice. A notice of the proposed issuance, amendment, or repeal of a rule will include the following: ( a ) A statement of the time, nature and place of any public rulemaking proceeding to be held. ( b ) Reference to the authority under which the issuance, amendment or repeal of a rule is proposed. ( c ) Either the terms or substance of the proposed rule or a description of the subjects and issues involved. ( d ) The docket number assigned to the proceeding. ( e ) A statement of the time for filing comments and replies thereto. § 1.415 Comments and replies. ( a ) After notice of proposed rulemaking is issued, the Commission will afford interested persons an opportunity to participate in the rulemaking proceeding through submission of written data, views, or arguments, with or without opportunity to present the same orally in any manner. ( b ) A reasonable time will be provided for submission of comments in support of or in opposition to proposed rules, and the time provided will be specified in the notice of proposed rulemaking. ( c ) A reasonable time will be provided for filing comments in reply to the original comments, and the time provided will be specified in the notice of proposed rulemaking. ( d ) No additional comments may be filed unless specifically requested or authorized by the Commission. Note: In some (but not all) rulemaking proceedings, interested persons may also communicate with the Commission and its staff on an ex parte basis, provided certain procedures are followed. See §§ 1.420 and 1.1200 et seq. See also __ FCC 2d __ (1980) ( i.e. , this order). ( e ) For time limits for filing motions for extension of time for filing responses to petitions for rulemaking, replies to such responses, comments filed in response to notices of proposed rulemaking, replies to such comments, see § 1.46(b) . [ 28 FR 12432 , Nov. 22, 1963, as amended at 42 FR 28888 , June 6, 1977; 45 FR 45591 , July 7, 1980; 52 FR 37460 , Oct. 7, 1987] § 1.419 Form of comments and replies; number of copies. ( a ) Comments, replies, and other documents filed in a rulemaking proceeding shall conform to the requirements of § 1.49 . ( b ) Unless otherwise specified by Commission rules, an original and one copy of all comments, briefs and other documents filed in a rulemaking proceeding shall be furnished to the Commission. The distribution of such copies shall be as follows: Secretary (original) 1 Reference Information Center 1 Total 2 Participants filing the required 2 copies who also wish each Commissioner to have a personal copy of the comments may file an additional 5 copies. The distribution of such copies shall be as follows: Commissioners 5 Secretary (original) 1 Reference Information Center 1 Total 7 Similarly, members of the general public who wish to express their interest by participating informally in a rulemaking proceeding may do so by submitting an original and one copy of their comments, without regard to form, provided only that the Docket Number is specified in the heading. Informal comments filed after close of the reply comment period, or, if on reconsideration, the reconsideration reply comment period, should be labeled “ex parte” pursuant to § 1.1206(a) . Letters submitted to Commissioners or Commission staff will be treated in the same way as informal comments, as set forth above. Also, to the extent that an informal participant wishes to submit to each Commissioner a personal copy of a comment and has not submitted or cannot submit the comment by electronic mail, the participant may file an additional 5 copies. The distribution of such copies shall be as follows: Commissioners 5 Secretary (original) 1 Reference Information Center 1 Total 7 ( c ) Any person desiring to file identical documents in more than one docketed rulemaking proceeding shall furnish the Commission two additional copies of any such document for each additional docket. This requirement does not apply if the proceedings have been consolidated. ( d ) Participants that file comments and replies in electronic form need only submit one copy of those comments, so long as the submission conforms to any procedural or filing requirements established for formal electronic comments. ( e ) Comments and replies and other documents filed in electronic form by a party represented by an attorney shall include the name and mailing address of at least one attorney of record. Parties not represented by an attorney that file comments and replies and other documents in electronic form shall provide their name and mailing address. [ 28 FR 12432 , Nov. 22, 1963, as amended at 41 FR 50399 , Nov. 16, 1976; 50 FR 26567 , June 27, 1985; 54 FR 29037 , July 11, 1989; 63 FR 24125 , May 1, 1998; 63 FR 56091 , Oct. 21, 1998; 67 FR 13223 , Mar. 21, 2002; 76 FR 24392 , May 2, 2011] § 1.420 Additional procedures in proceedings for amendment of the FM or TV Tables of Allotments, or for amendment of certain FM assignments. ( a ) Comments filed in proceedings for amendment of the FM Table of Allotments ( § 73.202 of this chapter ) or the Television Table of Allotments ( § 73.622(j) of this chapter ) which are initiated on a petition for rule making shall be served on petitioner by the person who files the comments. ( b ) Reply comments filed in proceedings for amendment of the FM or Television Tables of Allotments shall be served on the person(s) who filed the comments to which the reply is directed. ( c ) Such comments and reply comments shall be accompanied by a certificate of service. ( d ) Counterproposals shall be advanced in initial comments only and will not be considered if they are advanced in reply comments. ( e ) An original and 4 copies of all petitions for rulemaking, comments, reply comments, and other pleadings shall be filed with the Commission. ( f ) Petitions for reconsideration and responsive pleadings shall be served on parties to the proceeding and on any licensee or permittee whose authorization may be modified to specify operation on a different channel, and shall be accompanied by a certificate of service. ( g ) The Commission may modify the license or permit of a UHF TV station to a VHF channel in the same community in the course of the rule making proceeding to amend § 73.622(j) , or it may modify the license or permit of an FM station to another class of channel through notice and comment procedures, if any of the following conditions are met: ( 1 ) There is no other timely filed expression of interest, or ( 2 ) If another interest in the proposed channel is timely filed, an additional equivalent class of channel is also allotted, assigned or available for application. Note to paragraph ( g ): In certain situations, a licensee or permittee may seek an adjacent, intermediate frequency or co-channel upgrade by application. See § 73.203(b) of this chapter . ( h ) Where licensees (or permittees) of television broadcast stations jointly petition to amend § 73.622(j) and to exchange channels, and where one of the licensees (or permittees) operates on a commercial channel while the other operates on a reserved noncommercial educational channel within the same band, and the stations serve substantially the same market, then the Commission may amend § 73.606(b) or § 73.622(j) and modify the licenses (or permits) of the petitioners to specify operation on the appropriate channels upon a finding that such action will promote the public interest, convenience, and necessity. Note 1 to paragraph ( h ): Licensees and permittees operating Class A FM stations who seek to upgrade their facilities to Class B1, B, C3, C2, C1, or C on Channel 221, and whose proposed 1 mV/m signal contours would overlap the Grade B contour of a television station operating on Channel 6 must meet a particularly heavy burden by demonstrating that grants of their upgrade requests are in the public interest. In this regard, the Commission will examine the record in rule making proceedings to determine the availability of existing and potential non-commercial education service. ( i ) In the course of the rule making proceeding to amend § 73.202(b) or § 73.622(j) , the Commission may modify the license or permit of an FM or television broadcast station to specify a new community of license where the amended allotment would be mutually exclusive with the licensee's or permittee's present assignment. ( j ) Whenever an expression of interest in applying for, constructing, and operating a station has been filed in a proceeding to amend the FM or TV Table of Allotments, and the filing party seeks to dismiss or withdraw the expression of interest, either unilaterally or in exchange for financial consideration, that party must file with the Commission a request for approval of the dismissal or withdrawal, a copy of any written agreement related to the dismissal or withdrawal, and an affidavit setting forth: ( 1 ) A certification that neither the party withdrawing its interest nor its principals has received or will receive any money or other consideration in excess of legitimate and prudent expenses in exchange for the dismissal or withdrawal of the expression of interest; ( 2 ) The exact nature and amount of any consideration received or promised; ( 3 ) An itemized accounting of the expenses for which it seeks reimbursement; and ( 4 ) The terms of any oral agreement related to the dismissal or withdrawal of the expression of interest. ( 5 ) In addition, within 5 days of a party's request for approval, each remaining party to any written or oral agreement must submit an affidavit setting forth: ( i ) A certification that neither it nor its principals has paid or will pay money or other consideration in excess of the legitimate and prudent expenses of the party withdrawing its expression of interest; and ( ii ) The terms of any oral agreement relating to the dismissal or withdrawal of the expression of interest. Note to § 1.420 : The reclassification of a Class C station in accordance with the procedure set forth in Note 4 to § 73.3573 may be initiated through the filing of an original petition for amendment of the FM Table of Allotments. The Commission will notify the affected Class C station licensee of the proposed reclassification by issuing a notice of proposed rule making, except that where a triggering petition proposes an amendment or amendments to the FM Table of Allotments in addition to the proposed reclassification, the Commission will issue an order to show cause as set forth in Note 4 to § 73.3573 , and a notice of proposed rule making will be issued only after the reclassification issue is resolved. Triggering petitions will be dismissed upon the filing, rather than the grant, of an acceptable construction permit application to increase antenna height to at least 451 meters HAAT by a subject Class C station. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154 , 303 , 307 ) [ 39 FR 44022 , Dec. 20, 1974, as amended at 40 FR 53391 , Nov. 18, 1975; 41 FR 1287 , Jan. 7, 1976; 51 FR 15629 , Apr. 25, 1986; 51 FR 20291 , June 4, 1986; 52 FR 8260 , Mar. 17, 1987; 52 FR 25866 , July 9, 1987; 54 FR 16366 , Apr. 24, 1989; 54 FR 26201 , June 22, 1989; 55 FR 28914 , July 16, 1990; 58 FR 38535 , July 19, 1993; 59 FR 59503 , Nov. 17, 1994; 61 FR 43472 , Aug. 23, 1996; 65 FR 79776 , Dec. 20, 2000; 71 FR 76215 , Dec. 20, 2006; 86 FR 66194 , Nov. 22, 2021] § 1.421 Further notice of rulemaking. In any rulemaking proceeding where the Commission deems it warranted, a further notice of proposed rulemaking will be issued with opportunity for parties of record and other interested persons to submit comments in conformity with §§ 1.415 and 1.419 . § 1.423 Oral argument and other proceedings. In any rulemaking where the Commission determines that an oral argument, hearing or any other type of proceeding is warranted, notice of the time, place and nature of such proceeding will be published in the Federal Register. [ 58 FR 66300 , Dec. 20, 1993] § 1.425 Commission action. The Commission will consider all relevant comments and material of record before taking final action in a rulemaking proceeding and will issue a decision incorporating its finding and a brief statement of the reasons therefor. § 1.427 Effective date of rules. ( a ) Any rule issued by the Commission will be made effective not less than 30 days from the time it is published in the Federal Register except as otherwise specified in paragraphs (b) and (c) of this section. If the report and order adopting the rule does not specify the date on which the rule becomes effective, the effective date shall be 30 days after the date on which the rule is published in the Federal Register, unless a later date is required by statute or is otherwise specified by the Commission. ( b ) For good cause found and published with the rule, any rule issued by the Commission may be made effective within less than 30 days from the time it is published in the Federal Register. Rules involving any military, naval or foreign affairs function of the United States; matters relating to agency management or personnel, public property, loans, grants, benefits or contracts; rules granting or recognizing exemption or relieving restriction; rules of organization, procedure or practice; or interpretative rules; and statements of policy may be made effective without regard to the 30-day requirement. ( c ) In cases of alterations by the Commission in the required manner or form of keeping accounts by carriers, notice will be served upon affected carriers not less than 6 months prior to the effective date of such alterations. [ 28 FR 12432 , Nov. 22, 1963, as amended at 76 FR 24392 , May 2, 2011] § 1.429 Petition for reconsideration of final orders in rulemaking proceedings. ( a ) Any interested person may petition for reconsideration of a final action in a proceeding conducted under this subpart (see §§ 1.407 and 1.425 ). Where the action was taken by the Commission, the petition will be acted on by the Commission. Where action was taken by a staff official under delegated authority, the petition may be acted on by the staff official or referred to the Commission for action. Note: The staff has been authorized to act on rulemaking proceedings described in § 1.420 and is authorized to make editorial changes in the rules (see § 0.231(d) ). ( b ) A petition for reconsideration which relies on facts or arguments which have not previously been presented to the Commission will be granted only under the following circumstances: ( 1 ) The facts or arguments relied on relate to events which have occurred or circumstances which have changed since the last opportunity to present such matters to the Commission; ( 2 ) The facts or arguments relied on were unknown to petitioner until after his last opportunity to present them to the Commission, and he could not through the exercise of ordinary diligence have learned of the facts or arguments in question prior to such opportunity; or ( 3 ) The Commission determines that consideration of the facts or arguments relied on is required in the public interest. ( c ) The petition for reconsideration shall state with particularity the respects in which petitioner believes the action taken should be changed. ( d ) The petition for reconsideration and any supplement thereto shall be filed within 30 days from the date of public notice of such action, as that date is defined in § 1.4(b) . No supplement to a petition for reconsideration filed after expiration of the 30 day period will be considered, except upon leave granted pursuant to a separate pleading stating the grounds for acceptance of the supplement. The petition for reconsideration shall not exceed 25 double-spaced typewritten pages. See also § 1.49(f) . ( e ) Except as provided in § 1.420(f) , petitions for reconsideration need not be served on parties to the proceeding. (However, where the number of parties is relatively small, the Commission encourages the service of petitions for reconsideration and other pleadings, and agreements among parties to exchange copies of pleadings. See also § 1.47(d) regarding electronic service of documents.) When a petition for reconsideration is timely filed in proper form, public notice of its filing is published in the Federal Register. The time for filing oppositions to the petition runs from the date of public notice. See § 1.4(b) . ( f ) Oppositions to a petition for reconsideration shall be filed within 15 days after the date of public notice of the petition's filing and need be served only on the person who filed the petition. See also § 1.49(d) . Oppositions shall not exceed 25 double-spaced typewritten pages. See § 1.49(f) . ( g ) Replies to an opposition shall be filed within 10 days after the time for filing oppositions has expired and need be served only on the person who filed the opposition. Replies shall not exceed 10 double-spaced typewritten pages. See also §§ 1.49(d) and 1.49(f) . ( h ) Petitions for reconsideration, oppositions and replies shall conform to the requirements of §§ 1.49 and 1.52 , except that they need not be verified. Except as provided in § 1.420(e) , an original and 11 copies shall be submitted to the Secretary, Federal Communications Commission, Washington, DC 20554, by mail, by commercial courier, by hand, or by electronic submission through the Commission's Electronic Comment Filing System. Petitions submitted only by electronic mail and petitions submitted directly to staff without submission to the Secretary shall not be considered to have been properly filed. Parties filing in electronic form need only submit one copy. ( i ) The Commission may grant the petition for reconsideration in whole or in part or may deny or dismiss the petition. Its order will contain a concise statement of the reasons for the action taken. Any order addressing a petition for reconsideration which modifies rules adopted by the original order is, to the extent of such modification, subject to reconsideration in the same manner as the original order. Except in such circumstance, a second petition for reconsideration may be dismissed by the staff as repetitious. In no event shall a ruling which denies a petition for reconsideration be considered a modification of the original order. ( j ) The filing of a petition for reconsideration is not a condition precedent to judicial review of any action taken by the Commission, except where the person seeking such review was not a party to the proceeding resulting in the action or relies on questions of fact or law upon which the Commission has been afforded no opportunity to pass. Subject to the provisions of paragraph (b) of this section, such a person may qualify to seek judicial review by filing a petition for reconsideration. ( k ) Without special order of the Commission, the filing of a petition for reconsideration shall not excuse any person from complying with any rule or operate in any manner to stay or postpone its enforcement. However, upon good cause shown, the Commission will stay the effective date of a rule pending a decision on a petition for reconsideration. See, however, § 1.420(f) . ( l ) Petitions for reconsideration of a Commission action that plainly do not warrant consideration by the Commission may be dismissed or denied by the relevant bureau(s) or office(s). Examples include, but are not limited to, petitions that: ( 1 ) Fail to identify any material error, omission, or reason warranting reconsideration; ( 2 ) Rely on facts or arguments which have not previously been presented to the Commission and which do not meet the requirements of paragraphs (b)(1) through (3) of this section; ( 3 ) Rely on arguments that have been fully considered and rejected by the Commission within the same proceeding; ( 4 ) Fail to state with particularity the respects in which petitioner believes the action taken should be changed as required by paragraph (c) of this section; ( 5 ) Relate to matters outside the scope of the order for which reconsideration is sought; ( 6 ) Omit information required by these rules to be included with a petition for reconsideration; ( 7 ) Fail to comply with the procedural requirements set forth in paragraphs (d) , (e) , and (h) of this section; ( 8 ) Relate to an order for which reconsideration has been previously denied on similar grounds, except for petitions which could be granted under paragraph (b) of this section; or ( 9 ) Are untimely. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154 , 303 , 307 ) [ 41 FR 1287 , Jan. 7, 1976, as amended at 44 FR 5436 , Jan. 26, 1979; 46 FR 18556 , Mar. 25, 1981; 52 FR 49161 , Dec. 30, 1987; 63 FR 24126 , May 1, 1998; 76 FR 24392 , May 2, 2011] Inquiries § 1.430 Proceedings on a notice of inquiry. The provisions of this subpart also govern proceedings commenced by issuing a “Notice of Inquiry,” except that such proceedings do not result in the adoption of rules, and Notices of Inquiry are not required to be published in the Federal Register. [ 51 FR 7445 , Mar. 4, 1986] Subpart D [Reserved] Subpart E—Complaints, Applications, Tariffs, and Reports Involving Common Carriers Source: 28 FR 12450 , Nov. 22, 1963, unless otherwise noted. General § 1.701 Show cause orders. ( a ) The Commission may commence any proceeding within its jurisdiction against any common carrier by serving upon the carrier an order to show cause. The order shall contain a statement of the particulars and matters concerning which the Commission is inquiring and the reasons for such action, and will call upon the carrier to appear before the Commission at a place and time therein stated and give evidence upon the matters specified in the order. ( b ) Any carrier upon whom an order has been served under this section shall file its answer within the time specified in the order. Such answer shall specifically and completely respond to all allegations and matters contained in the show cause order. ( c ) All papers filed by a carrier in a proceeding under this section shall conform with the specifications of §§ 1.49 and 1.50 and the subscription and verification requirements of § 1.52 . [ 28 FR 12450 , Nov. 22, 1963, as amended at 36 FR 7423 , Apr. 20, 1971] § 1.703 Appearances. ( a ) Hearings. Except as otherwise required by § 1.221 regarding application proceedings, by § 1.91 regarding proceedings instituted under section 312 of the Communications Act of 1934, as amended, or by Commission order in any proceeding, no written statement indicating intent to appear need be filed in advance of actual appearance at any hearing by any person or his attorney. ( b ) Oral arguments. Within 5 days after release of an order designating an initial decision for oral argument or within such other time as may be specified in the order, any party who wishes to participate in the oral argument shall file a written statement indicating that he will appear and participate. Within such time as may be specified in an order designating any other matter for oral argument, any person wishing to participate in the oral argument shall file a written statement to that effect setting forth the reasons for his interest in the matter. The Commission will advise him whether he may participate. (See § 1.277 for penalties for failure to file appearance statements in proceedings involving oral arguments on initial decisions.) ( c ) Commission counsel. The requirement of paragraph (b) of this section shall not apply to counsel representing the Commission or the Chief of the Enforcement Bureau. [ 28 FR 12450 , Nov. 22, 1963, as amended at 67 FR 13223 , Mar. 21, 2002] Complaints § 1.711 Formal or informal complaints. Complaints filed against carriers under section 208 of the Communications Act may be either formal or informal. Informal Complaints § 1.716 Form. An informal complaint shall be in writing and should contain: (a) The name, address and telephone number of the complaint, (b) the name of the carrier against which the complaint is made, (c) a complete statement of the facts tending to show that such carrier did or omitted to do anything in contravention of the Communications Act, and (d) the specific relief of satisfaction sought. [ 51 FR 16039 , Apr. 30, 1986] § 1.717 Procedure. Cross Reference Link to an amendment published at 89 FR 4162 , Jan. 22, 2024. The Commission will forward informal complaints to the appropriate carrier for investigation and may set a due date for the carrier to provide a written response to the informal complaint to the Commission, with a copy to the complainant. The response will advise the Commission of the carrier's satisfaction of the complaint or of its refusal or inability to do so. Where there are clear indications from the carrier's response or from other communications with the parties that the complaint has been satisfied, the Commission may, in its discretion, consider a complaint proceeding to be closed. In all other cases, the Commission will notify the complainant that if the complainant is not satisfied by the carrier's response, or if the carrier has failed to submit a response by the due date, the complainant may file a formal complaint in accordance with § 1.721 . [ 83 FR 44831 , Sept. 4, 2018] § 1.718 Unsatisfied informal complaints; formal complaints relating back to the filing dates of informal complaints. When an informal complaint has not been satisfied pursuant to § 1.717 , the complainant may file a formal complaint with this Commission in the form specified in § 1.721 . Such filing will be deemed to relate back to the filing date of the informal complaint: Provided, That the formal complaint: Is filed within 6 months from the date of the carrier's response, or if no response has been filed, within 6 months of the due date for the response; makes reference to the date of the informal complaint, and is based on the same cause of action as the informal complaint. If no formal complaint is filed within the 6-month period, the informal complaint proceeding will be closed. [ 83 FR 44831 , Sept. 4, 2018] § 1.719 Informal complaints filed pursuant to section 258. ( a ) Notwithstanding the requirements of §§ 1.716 through 1.718 , the following procedures shall apply to complaints alleging that a carrier has violated section 258 of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, by making an unauthorized change of a subscriber's preferred carrier, as defined by § 64.1100(e) of this chapter . ( b ) Form. The complaint shall be in writing, and should contain: The complainant's name, address, telephone number and e-mail address (if the complainant has one); the name of both the allegedly unauthorized carrier, as defined by § 64.1100(d) of this chapter , and authorized carrier, as defined by § 64.1100(c) of this chapter ; a complete statement of the facts (including any documentation) tending to show that such carrier engaged in an unauthorized change of the subscriber's preferred carrier; a statement of whether the complainant has paid any disputed charges to the allegedly unauthorized carrier; and the specific relief sought. ( c ) Procedure. The Commission will resolve slamming complaints under the definitions and procedures established in §§ 64.1100 through 64.1190 of this chapter . The Commission will issue a written (or electronic) order informing the complainant, the unauthorized carrier, and the authorized carrier of its finding, and ordering the appropriate remedy, if any, as defined by §§ 64.1160 through 64.1170 of this chapter . ( d ) Unsatisfied Informal Complaints Involving Unauthorized Changes of a Subscriber's Preferred Carrier; Formal Complaints Relating Back to the Filing Dates of Informal Complaints. If the complainant is unsatisfied with the resolution of a complaint under this section, the complainant may file a formal complaint with the Commission in the form specified in § 1.721 . Such filing will be deemed to relate back to the filing date of the informal complaint filed under this section, so long as the informal complaint complied with the requirements of paragraph (b) of this section and provided that: The formal complaint is filed within 45 days from the date an order resolving the informal complaint filed under this section is mailed or delivered electronically to the complainant; makes reference to both the informal complaint number assigned to and the initial date of filing the informal complaint filed under this section; and is based on the same cause of action as the informal complaint filed under this section. If no formal complaint is filed within the 45-day period, the complainant will be deemed to have abandoned its right to bring a formal complaint regarding the cause of action at issue. [ 65 FR 47690 , Aug. 3, 2000] Formal Complaints § 1.720 Purpose. The following procedural rules apply to formal complaint proceedings under 47 U.S.C. 208 , pole attachment complaint proceedings under 47 U.S.C. 224 , and advanced communications services and equipment formal complaint proceedings under 47 U.S.C. 255 , 617 , and 619 , and part 14 of this chapter . Additional rules relevant only to pole attachment complaint proceedings are provided in subpart J of this part . [ 83 FR 44832 , Sept. 4, 2018] § 1.721 General pleading requirements. Formal complaint proceedings are generally resolved on a written record consisting of a complaint, answer, reply, and joint statement of stipulated facts, disputed facts and key legal issues, along with all associated evidence in the record. The Commission may also require or permit other written submissions such as briefs, proposed findings of fact and conclusions of law, or other supplementary documents or pleadings. ( a ) All papers filed in any proceeding subject to this part must be drawn in conformity with the requirements of §§ 1.49 , 1.50 , and 1.52 . ( b ) Pleadings must be clear, concise, and direct. All matters concerning a claim, defense or requested remedy, including damages, should be pleaded fully and with specificity. ( c ) Pleadings must contain facts which, if true, are sufficient to constitute a violation of the Act or a Commission regulation or order, or a defense to an alleged violation. ( d ) Averred facts, claims, or defenses shall be made in numbered paragraphs and must be supported by relevant evidence. The contents of each paragraph shall be limited as far as practicable to a statement of a single set of circumstances. Each claim founded on a separate transaction or occurrence and each affirmative defense shall be separately stated to facilitate the clear presentation of the matters set forth. Assertions based on information and belief are prohibited unless made in good faith and accompanied by a declaration or affidavit explaining the basis for the party's belief and why the party could not reasonably ascertain the facts from any other source. ( e ) Legal arguments must be supported by appropriate statutory, judicial, or administrative authority. ( f ) Opposing authorities must be distinguished. ( g ) Copies must be provided of all non-Commission authorities relied upon which are not routinely available in national reporting systems, such as unpublished decisions or slip opinions of courts or administrative agencies. In addition, copies of state authorities relied upon shall be provided. ( h ) Parties are responsible for the continuing accuracy and completeness of all information and supporting authority furnished in a pending complaint proceeding. Information submitted, as well as relevant legal authorities, must be current and updated as necessary and in a timely manner before a decision is rendered on the merits of the complaint. ( i ) Specific reference shall be made to any tariff or contract provision relied on in support of a claim or defense. Copies of relevant tariffs, contracts, or relevant portions that are referred to or relied upon in a complaint, answer, or other pleading shall be appended to such pleading. ( j ) Pleadings shall identify the name, address, telephone number, and email address for either the filing party's attorney or, where a party is not represented by an attorney, the filing party. Pleadings may be signed by a party's attorney. ( k ) All attachments shall be Bates-stamped or otherwise numbered sequentially. Parties shall cite to Bates-stamped page numbers in their pleadings. ( l ) Pleadings shall be served on all parties to the proceeding in accordance with § 1.734 and shall include a certificate of service. ( m ) Each pleading or other submission must contain a written verification that the signatory has read the submission and, to the best of his or her knowledge, information and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law; and that it is not interposed for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of the proceeding. If any pleading or other submission is signed in violation of this provision, the Commission may upon motion or upon its own initiative impose appropriate sanctions. ( n ) Parties may petition the staff, pursuant to § 1.3 , for a waiver of any of the rules governing formal complaints. Such waiver may be granted for good cause shown. ( o ) A complaint may, on request of the filing party, be dismissed without prejudice as a matter of right prior to the adoption date of any final action taken by the Commission with respect to the complaint. A request for the return of an initiating document will be regarded as a request for dismissal. ( p ) Amendments or supplements to complaints to add new claims or requests for relief are prohibited. ( q ) Failure to prosecute a complaint will be cause for dismissal. ( r ) Any document purporting to be a formal complaint which does not state a cause of action under the Communications Act, or a Commission regulation or order, will be dismissed. In such case, any amendment or supplement to such document will be considered a new filing which must be made within any applicable statutory limitations of actions. ( s ) Any other pleading that does not conform with the requirements of the applicable rules may be deemed defective. In such case the Commission may strike the pleading or request that specified defects be corrected and that proper pleadings be filed with the Commission and served on all parties within a prescribed time as a condition to being made a part of the record in the proceeding. ( t ) Pleadings shall be construed so as to do justice. ( u ) Any party that fails to respond to official correspondence, a request for additional information, or an order or directive from the Commission may be subject to appropriate sanctions. [ 83 FR 44832 , Sept. 4, 2018] § 1.722 Format and content of complaints. A formal complaint shall contain: ( a ) The name of each complainant and defendant; ( b ) The occupation, address and telephone number of each complainant and, to the extent known, each defendant; ( c ) The name, address, telephone number, and email address of complainant's attorney, if represented by counsel; ( d ) Citation to the section of the Communications Act or Commission regulation or order alleged to have been violated; each such alleged violation shall be stated in a separate count; ( e ) Legal analysis relevant to the claims and arguments set forth therein; ( f ) The relief sought, including recovery of damages and the amount of damages claimed, if known; ( g ) Certification that the complainant has, in good faith, discussed or attempted to discuss the possibility of settlement with each defendant prior to the filing of the formal complaint. In disputes between businesses, associations, or other organizations, the certification shall include a statement that the complainant has engaged or attempted to engage in executive-level discussions concerning the possibility of settlement. Executive-level discussions are discussions among representatives of the parties who have sufficient authority to make binding decisions on behalf of the entity they represent regarding the subject matter of the discussions. Such certification shall include a statement that, prior to the filing of the complaint, the complainant notified each defendant in writing of the allegations that form the basis of the complaint and invited a response within a reasonable period of time. A refusal by a defendant to engage in discussions contemplated by this rule may constitute an unreasonable practice under the Act. The certification shall also include a brief summary of all additional steps taken to resolve the dispute prior to the filing of the formal complaint; ( h ) A statement explaining whether a separate action has been filed with the Commission, any court, or other government agency that is based on the same claim or same set of facts, in whole or in part, or whether the complaint seeks prospective relief identical to the relief proposed or at issue in a notice-and-comment rulemaking proceeding that is concurrently before the Commission; ( i ) An information designation containing: ( 1 ) The name and, if known, the address and telephone number of each individual likely to have information relevant to the proceeding, along with the subjects of that information, excluding individuals otherwise identified in the complaint or exhibits thereto, and individuals employed by another party; and ( 2 ) A copy—or a description by category and location—of all relevant documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control, excluding documents submitted with the complaint. ( j ) A completed Formal Complaint Intake Form; ( k ) A declaration, under penalty of perjury, by the complainant or complainant's counsel describing the amount, method, and date of the complainant's payment of the filing fee required under § 1.1106 and the complainant's 10-digit FCC Registration Number, as required by subpart W of this part . Submission of a complaint without the FCC Registration Number will result in dismissal of the complaint. [ 83 FR 44832 , Sept. 4, 2018] § 1.723 Damages. ( a ) If a complainant in a formal complaint proceeding wishes to recover damages, the complaint must contain a clear and unequivocal request for damages. ( b ) In all cases in which recovery of damages is sought, the complaint must include either: ( 1 ) A computation of each and every category of damages for which recovery is sought, along with an identification of all relevant documents and materials or such other evidence to be used by the complainant to prove the amount of such damages; or ( 2 ) If any information not in the possession of the complainant is necessary to develop a detailed computation of damages, an explanation of: ( i ) Why such information is unavailable to the complaining party; ( ii ) The factual basis the complainant has for believing that such evidence of damages exists; and ( iii ) A detailed outline of the methodology that would be used to create a computation of damages with such evidence. ( c ) If a complainant wishes a determination of damages to be made in a proceeding that is separate from and subsequent to the proceeding in which the determinations of liability and prospective relief are made, the complainant must: ( 1 ) Comply with paragraph (a) of this section, and ( 2 ) State clearly and unequivocally that the complainant wishes a determination of damages to be made in a proceeding that is separate from and subsequent to the proceeding in which the determinations of liability and prospective relief will be made. ( d ) If the Commission decides that a determination of damages would best be made in a proceeding that is separate from and subsequent to the proceeding in which the determinations of liability and prospective relief are made, the Commission may at any time bifurcate the case and order that the initial proceeding will determine only liability and prospective relief, and that a separate, subsequent proceeding initiated in accordance with paragraph (e) of this section will determine damages. ( e ) If a complainant exercises its right under paragraph (c) of this section, or the Commission invokes its authority under paragraph (d) of this section, the complainant may initiate a separate proceeding to obtain a determination of damages by filing a supplemental complaint within sixty days after public notice (as defined in § 1.4(b) ) of a decision that contains a finding of liability on the merits of the original complaint. Supplemental complaints filed pursuant to this section need not comply with the requirements in §§ 1.721(c) or 1.722(d) , (g) , (h) , (j) , and (k) . The supplemental complaint shall be deemed, for statutory limitations purposes, to relate back to the date of the original complaint. ( f ) The Commission may, in its discretion, order the defendant either to post a bond for, or deposit into an interest bearing escrow account, a sum equal to the amount of damages which the Commission finds, upon preliminary investigation, is likely to be ordered after the issue of damages is fully litigated, or some lesser sum which may be appropriate, provided the Commission finds that the grant of this relief is favored on balance upon consideration of the following factors: ( 1 ) The complainant's potential irreparable injury in the absence of such deposit; ( 2 ) The extent to which damages can be accurately calculated; ( 3 ) The balance of the hardships between the complainant and the defendant; and ( 4 ) Whether public interest considerations favor the posting of the bond or ordering of the deposit. ( g ) The Commission may, in its discretion, end adjudication of damages by adopting a damages computation method or formula. In such cases, the parties shall negotiate in good faith to reach an agreement on the exact amount of damages pursuant to the Commission-mandated method or formula. Within 30 days of the release date of the damages order, parties shall submit jointly to the Commission either: ( 1 ) A statement detailing the parties' agreement as to the amount of damages; ( 2 ) A statement that the parties are continuing to negotiate in good faith and a request that the parties be given an extension of time to continue negotiations; or ( 3 ) A statement detailing the bases for the continuing dispute and the reasons why no agreement can be reached. ( h ) In any proceeding to which no statutory deadline applies, the Commission may, in its discretion, suspend ongoing damages proceedings to provide the parties with time to pursue settlement negotiations or mediation under § 1.737 . [ 83 FR 44832 , Sept. 4, 2018] § 1.724 Complaints governed by section 208(b)(1) of the Act. ( a ) Any party that intends to file a complaint subject to the 5-month deadline in 47 U.S.C. 208(b)(1) must comply with the pre-complaint procedures below. The Enforcement Bureau's Market Disputes Resolution Division will not process complaints subject to the 5-month deadline unless the filer complies with these procedures. ( b ) A party seeking to file a complaint subject to 47 U.S.C. 208(b)(1) shall notify the Chief of the Market Disputes Resolution Division in writing of its intent to file the complaint, and provide a copy of the letter to the defendant. Commission staff will convene a conference with both parties as soon as practicable. During that conference, the staff may discuss, among other things: ( 1 ) Scheduling in the case; ( 2 ) Narrowing factual and legal issues in dispute; ( 3 ) Information exchange and discovery necessary to adjudicate the dispute; ( 4 ) Entry of a protective order governing confidential material; and ( 5 ) Preparation for and scheduling a mandatory settlement negotiation session at the Commission. ( c ) Staff will endeavor to complete the pre-complaint process as expeditiously as possible. Staff may direct the parties to exchange relevant information during the pre-complaint period. [ 83 FR 44832 , Sept. 4, 2018] § 1.725 Joinder of complainants and causes of action. ( a ) Two or more complainants may join in one complaint if their respective causes of action are against the same defendant and concern substantially the same facts and alleged violation of the Communications Act or Commission regulation or order. ( b ) Two or more grounds of complaint involving substantially the same facts may be included in one complaint, but should be separately stated and numbered. [ 83 FR 44832 , Sept. 4, 2018] § 1.726 Answers. ( a ) Any defendant upon which a copy of a formal complaint is served shall answer such complaint in the manner prescribed under this section within 30 calendar days of service of the formal complaint by the complainant, unless otherwise directed by the Commission. ( b ) The answer shall advise the complainant and the Commission fully and completely of the nature of any defense, and shall respond specifically to all material allegations of the complaint. Every effort shall be made to narrow the issues in the answer. The defendant shall state concisely its defense to each claim asserted, admit or deny the averments on which the complainant relies, and state in detail the basis for admitting or denying such averment. General denials are prohibited. Denials based on information and belief are prohibited unless made in good faith and accompanied by a declaration or affidavit explaining the basis for the defendant's belief and why the defendant could not reasonably ascertain the facts from the complainant or any other source. If the defendant is without knowledge or information sufficient to form a belief as to the truth of an averment, the defendant shall so state and this has the effect of a denial. When a defendant intends in good faith to deny only part of an averment, the defendant shall specify so much of it as is true and shall deny only the remainder. The defendant may deny the allegations of the complaint as specific denials of either designated averments or paragraphs. ( c ) The answer shall include legal analysis relevant to the claims and arguments set forth therein. ( d ) Averments in a complaint or supplemental complaint filed pursuant to § 1.723(d) are deemed to be admitted when not denied in the answer. ( e ) Affirmative defenses to allegations in the complaint shall be specifically captioned as such and presented separately from any denials made in accordance with paragraph (b) of this section. ( f ) The answer shall include an information designation containing: ( 1 ) The name and, if known, the address and telephone number of each individual likely to have information relevant to the proceeding, along with the subjects of that information, excluding individuals otherwise identified in the complaint, answer, or exhibits thereto, and individuals employed by another party; and ( 2 ) A copy—or a description by category and location—of all relevant documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control, excluding documents submitted with the complaint or answer. ( g ) Failure to file an answer may be deemed an admission of the material facts alleged in the complaint. Any defendant that fails to file and serve an answer within the time and in the manner prescribed by this part may be deemed in default and an order may be entered against such defendant in accordance with the allegations contained in the complaint. [ 83 FR 44832 , Sept. 4, 2018] § 1.727 Cross-complaints and counterclaims. Cross-complaints seeking any relief within the jurisdiction of the Commission against any party (complainant or defendant) to that proceeding are prohibited. Any claim that might otherwise meet the requirements of a cross-complaint may be filed as a separate complaint in accordance with §§ 1.720 through 1.740 . For purposes of this subpart, the term “cross-complaint” shall include counterclaims. [ 83 FR 44832 , Sept. 4, 2018] § 1.728 Replies. ( a ) A complainant shall file and serve a reply within 10 calendar days of service of the answer, unless otherwise directed by the Commission. The reply shall contain statements of relevant, material facts and legal arguments that respond to the factual allegations and legal arguments made by the defendant. Other allegations or arguments will not be considered by the Commission. ( b ) Failure to reply will not be deemed an admission of any allegations contained in the responsive pleading, except with respect to any affirmative defense set forth therein. Failure to reply to an affirmative defense shall be deemed an admission of such affirmative defense and of any facts supporting such affirmative defense that are not specifically contradicted in the complaint. ( c ) The reply shall include legal analysis relevant to the claims and arguments set forth therein. ( d ) The reply shall include an information designation containing: ( 1 ) The name and, if known, the address and telephone number of each individual likely to have information relevant to the proceeding and addressed in the reply, along with the subjects of that information, excluding individuals otherwise identified in the complaint, answer, reply, or exhibits thereto, and individuals employed by another party; and ( 2 ) A copy—or a description by category and location—of all relevant documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control that are addressed in the reply, excluding documents submitted with the complaint or answer. [ 83 FR 44832 , Sept. 4, 2018] § 1.729 Motions. ( a ) A request for a Commission order shall be by written motion, stating with particularity the grounds and authority therefor, including any supporting legal analysis, and setting forth the relief sought. ( b ) Motions to compel discovery must contain a certification by the moving party that a good faith attempt to resolve the dispute was made prior to filing the motion. ( c ) Motions seeking an order that the allegations in the complaint be made more definite and certain are prohibited. ( d ) Motions to dismiss all or part of a complaint are permitted. The filing of a motion to dismiss does not suspend any other filing deadlines under the Commission's rules, unless staff issues an order suspending such deadlines. ( e ) Oppositions to motions shall be filed and served within 5 business days after the motion is served. Oppositions shall be limited to the specific issues and allegations contained in the motion; when a motion is incorporated in an answer to a complaint, the opposition to such motion shall not address any issues presented in the answer that are not also specifically raised in the motion. Failure to oppose any motion may constitute grounds for granting the motion. ( f ) No reply may be filed to an opposition to a motion, except under direction of Commission staff. [ 83 FR 44832 , Sept. 4, 2018] § 1.730 Discovery. ( a ) A complainant may file with the Commission and serve on a defendant, concurrently with its complaint, up to 10 written interrogatories. A defendant may file with the Commission and serve on a complainant, concurrently with its answer, up to 10 written interrogatories. A complainant may file with the Commission and serve on a defendant, concurrently with its reply, up to five additional written interrogatories. Subparts of any interrogatory will be counted as separate interrogatories for purposes of compliance with this limit. Interrogatories filed and served pursuant to this procedure may be used to seek discovery of any non-privileged matter that is relevant to the material facts in dispute in the pending proceeding. This procedure may not be employed for the purpose of delay, harassment, or obtaining information that is beyond the scope of permissible inquiry related to the material facts in dispute in the proceeding. ( b ) Interrogatories filed and served pursuant to paragraph (a) of this section shall contain an explanation of why the information sought in each interrogatory is both necessary to the resolution of the dispute and not available from any other source. ( c ) Unless otherwise directed by the Commission, within seven calendar days, a responding party shall file with the Commission and serve on the propounding party any opposition and objections to interrogatories. The grounds for objecting to an interrogatory must be stated with specificity. Unless otherwise directed by the Commission, any interrogatories to which no opposition or objection is raised shall be answered within 20 calendar days. ( d ) Commission staff shall rule in writing on the scope of, and schedule for answering, any disputed interrogatories based upon the justification for the interrogatories properly filed and served pursuant to paragraph (a) of this section, and any objections or oppositions thereto, properly filed and served pursuant to paragraph (c) of this section. ( e ) Interrogatories shall be answered separately and fully in writing under oath or affirmation by the party served, or if such party is a public or private corporation or partnership or association, by any officer or agent who shall furnish such information as is available to the party. The answers shall be signed by the person making them, and the attorney who objects must sign any objections. The answers shall be filed with the Commission and served on the propounding party. ( f ) The Commission, in its discretion, may allow additional discovery, including, but not limited to, document production and/or depositions, and it may modify the scope, means and scheduling of discovery in light of the needs of a particular case and the requirements of applicable statutory deadlines. ( g ) The Commission may, in its discretion, require parties to provide documents to the Commission in a scanned or other electronic format that: ( 1 ) Indexes the documents by useful identifying information; and ( 2 ) Allows staff to annotate the index so as to make the format an efficient means of reviewing the documents. ( h ) A propounding party asserting that a responding party has provided an inadequate or insufficient response to a discovery request may file a motion to compel within ten days of the service of such response, or as otherwise directed by Commission staff, pursuant to the requirements of § 1.729 . [ 83 FR 44832 , Sept. 4, 2018] § 1.731 Confidentiality of information produced or exchanged. ( a ) Any information produced in the course of a formal complaint proceeding may be designated as confidential by either party to the proceeding or a third party if the party believes in good faith that the materials fall within an exemption to disclosure contained in the Freedom of Information Act (FOIA), 5 U.S.C. 552(b)(1) through (9) , and under § 0.459 of this chapter . Any party asserting confidentiality for such materials must: ( 1 ) Clearly mark each page, or portion thereof, for which a confidential designation is claimed. The party claiming confidentiality should restrict its designations to encompass only the specific information that it asserts is confidential. If a confidential designation is challenged, the party claiming confidentiality shall have the burden of demonstrating, by a preponderance of the evidence, that the materials designated as confidential fall under the standards for nondisclosure enunciated in the FOIA and that the designation is narrowly tailored to encompass only confidential information. ( 2 ) File with the Commission, using the Commission's Electronic Comment Filing System, a public version of the materials that redacts any confidential information and clearly marks each page of the redacted public version with a header stating “Public Version.” The redacted document shall be machine-readable whenever technically possible. Where the document to be filed electronically contains metadata that is confidential or protected from disclosure by a legal privilege (including, for example, the attorney-client privilege), the filer may remove such metadata from the document before filing it electronically. ( 3 ) File with the Secretary's Office an unredacted hard copy version of the materials that contains the confidential information and clearly marks each page of the unredacted confidential version with a header stating “Confidential Version.” The unredacted version must be filed on the same day as the redacted version. ( 4 ) Serve one hard copy of the filed unredacted materials and one hard copy of the filed redacted materials on the attorney of record for each party to the proceeding, or, where a party is not represented by an attorney, each party to the proceeding either by hand delivery, overnight delivery, or email, together with a proof of such service in accordance with the requirements of §§ 1.47(g) and 1.734(f) . ( b ) An attorney of record for a party or a party that receives unredacted materials marked as confidential may disclose such materials solely to the following persons, only for use in prosecuting or defending a party to the complaint action, and only to the extent necessary to assist in the prosecution or defense of the case: ( 1 ) Support personnel for counsel of record representing the parties in the complaint action; ( 2 ) Officers or employees of the receiving party who are directly involved in the prosecution or defense of the case; ( 3 ) Consultants or expert witnesses retained by the parties; and ( 4 ) Court reporters and stenographers in accordance with the terms and conditions of this section. ( c ) The individuals identified in paragraph (b) of this section shall not disclose information designated as confidential to any person who is not authorized under this section to receive such information, and shall not use the information in any activity or function other than the prosecution or defense in the case before the Commission. Each such individual who is provided access to the information shall sign a declaration or affidavit stating that the individual has personally reviewed the Commission's rules and understands the limitations they impose on the signing party. ( d ) Parties may make copies of materials marked confidential solely for use by the Commission or persons designated in paragraph (b) of this section. Each party shall maintain a log recording the number of copies made of all confidential material and the persons to whom the copies have been provided. ( e ) The Commission may adopt a protective order with further restrictions as appropriate. ( f ) Upon termination of a formal complaint proceeding, including all appeals and petitions, the parties shall ensure that all originals and reproductions of any confidential materials, along with the log recording persons who received copies of such materials, shall be provided to the producing party. In addition, upon final termination of the proceeding, any notes or other work product derived in whole or in part from the confidential materials of an opposing or third party shall be destroyed. [ 83 FR 44832 , Sept. 4, 2018] § 1.732 Other required written submissions. ( a ) The Commission may, in its discretion, require the parties to file briefs summarizing the facts and issues presented in the pleadings and other record evidence and presenting relevant legal authority and analysis. The Commission may limit the scope of any briefs to certain subjects or issues. Unless otherwise directed by the Commission, all briefs shall include all legal and factual claims and defenses previously set forth in the complaint, answer, or any other pleading submitted in the proceeding. ( b ) Claims and defenses previously made but not reflected in the briefs will be deemed abandoned. ( c ) The Commission may require the parties to submit any additional information it deems appropriate for a full, fair, and expeditious resolution of the proceeding. [ 83 FR 44832 , Sept. 4, 2018] § 1.733 Status conference. ( a ) In any complaint proceeding, the Commission may, in its discretion, direct the attorneys and/or the parties to appear before it for a status conference. A status conference may include discussion of: ( 1 ) Simplification or narrowing of the issues; ( 2 ) The necessity for or desirability of additional pleadings or evidentiary submissions; ( 3 ) Obtaining admissions of fact or stipulations between the parties as to any or all of the matters in controversy; ( 4 ) Settlement of all or some of the matters in controversy by agreement of the parties; ( 5 ) Whether discovery is necessary and, if so, the scope, type, and schedule for such discovery; ( 6 ) The schedule for the remainder of the case and the dates for any further status conferences; and ( 7 ) Such other matters that may aid in the disposition of the complaint. ( b ) ( 1 ) Parties shall meet and confer prior to the initial status conference to discuss: ( i ) Settlement prospects; ( ii ) Discovery; ( iii ) Issues in dispute; ( iv ) Schedules for pleadings; ( v ) Joint statement of stipulated facts, disputed facts, and key legal issues; and ( 2 ) Parties shall submit a joint statement of all proposals agreed to and disputes remaining as a result of such meeting to Commission staff on a date specified by the Commission. ( c ) In addition to the initial status conference referenced in paragraph (a) of this section, any party may also request that a conference be held at any time after the complaint has been filed. ( d ) During a status conference, the Commission staff may issue oral rulings pertaining to a variety of matters relevant to the conduct of a formal complaint proceeding including, inter alia, procedural matters, discovery, and the submission of briefs or other evidentiary materials. ( e ) Status conferences will be scheduled by the Commission staff at such time and place as it may designate to be conducted in person or by telephone conference call. ( f ) The failure of any attorney or party, following reasonable notice, to appear at a scheduled conference will be deemed a waiver by that party and will not preclude the Commission staff from conferring with those parties or counsel present. [ 83 FR 44832 , Sept. 4, 2018] § 1.734 Fee remittance; electronic filing; copies; service; separate filings against multiple defendants. ( a ) Complaints may not be brought against multiple defendants unless they are commonly owned or controlled, are alleged to have acted in concert, are alleged to be jointly liable to complainant, or the complaint concerns common questions of law or fact. Complaints may, however, be consolidated by the Commission for disposition. ( b ) The complainant shall remit separately the correct fee electronically, in accordance with part 1, subpart G (see § 1.1106 of this chapter ) and shall file an original copy of the complaint using the Commission's Electronic Comment Filing System. If a complaint is addressed against multiple defendants, the complainant shall pay a separate fee for each additional defendant. ( c ) The complainant shall serve the complaint by hand delivery on either the named defendant or one of the named defendant's registered agents for service of process on the same date that the complaint is filed with the Commission in accordance with the requirements of paragraph (b) of this section. ( d ) Upon receipt of the complaint by the Commission, the Commission shall promptly send, by email, to each defendant named in the complaint, notice of the filing of the complaint. The Commission shall additionally send by email, to all parties, a schedule detailing the date the answer and any other applicable pleading will be due and the date, time, and location of the initial status conference. ( e ) Parties shall provide hard copies of all submissions to staff in the Enforcement Bureau upon request. ( f ) All subsequent pleadings and briefs filed in any formal complaint proceeding, as well as all letters, documents, or other written submissions, shall be filed using the Commission's Electronic Comment Filing System, excluding confidential material as set forth in § 1.731 . In addition, all pleadings and briefs filed in any formal complaint proceeding, as well as all letters, documents, or other written submissions, shall be served by the filing party on the attorney of record for each party to the proceeding, or, where a party is not represented by an attorney, each party to the proceeding either by hand delivery, overnight delivery, or email, together with a proof of such service in accordance with the requirements of § 1.47(g) . Service is deemed effective as follows: ( 1 ) Service by hand delivery that is delivered to the office of the recipient by 5:30 p.m., local time of the recipient, on a business day will be deemed served that day. Service by hand delivery that is delivered to the office of the recipient after 5:30 p.m., local time of the recipient, on a business day will be deemed served on the following business day; ( 2 ) Service by overnight delivery will be deemed served the business day following the day it is accepted for overnight delivery by a reputable overnight delivery service; or ( 3 ) Service by email that is fully transmitted to the office of the recipient by 5:30 p.m., local time of the recipient, on a business day will be deemed served that day. Service by email that is fully transmitted to the office of the recipient after 5:30 p.m., local time of the recipient, on a business day will be deemed served on the following business day. ( g ) Supplemental complaints filed pursuant to § 1.723 shall conform to the requirements set forth in this section, except that the complainant need not submit a filing fee. [ 83 FR 44832 , Sept. 4, 2018, as amended at 84 FR 8618 , Mar. 11, 2019] § 1.735 Conduct of proceedings. ( a ) The Commission may issue such orders and conduct its proceedings as will best conduce to the proper dispatch of business and the ends of justice. ( b ) The Commission may decide each complaint upon the filings and information before it, may request additional information from the parties, and may require one or more informal meetings with the parties to clarify the issues or to consider settlement of the dispute. [ 83 FR 44832 , Sept. 4, 2018] § 1.736 Accelerated Docket Proceedings. ( a ) With the exception of complaint proceedings under 47 U.S.C. 255 , 617 , and 619 , and part 14 of this chapter , parties to a formal complaint proceeding against a common carrier, or a pole attachment complaint proceeding against a cable television system operator, a utility, or a telecommunications carrier, may request inclusion on the Accelerated Docket. Proceedings on the Accelerated Docket must be concluded within 60 days, and are therefore subject to shorter pleading deadlines and other modifications to the procedural rules that govern formal complaint proceedings. ( b ) A complainant that seeks inclusion of a proceeding on the Accelerated Docket shall submit a request to the Chief of the Enforcement Bureau's Market Disputes Resolution Division, by phone and in writing, prior to filing the complaint. ( c ) Within five days of receiving service of any formal complaint against a common carrier, or a pole attachment complaint against a cable television system operator, a utility, or a telecommunications carrier, a defendant may submit a request seeking inclusion of the proceeding on the Accelerated Docket to the Chief of the Enforcement Bureau's Market Disputes Resolution Division. The defendant shall submit such request by phone and in writing, and contemporaneously transmit a copy of the written request to all parties to the proceeding. ( d ) Commission staff has discretion to decide whether a complaint, or portion of a complaint, is suitable for inclusion on the Accelerated Docket. ( e ) In appropriate cases, Commission staff may require that the parties participate in pre-filing settlement negotiations or mediation under § 1.737 . ( f ) If the parties do not resolve their dispute and the matter is accepted for handling on the Accelerated Docket, staff will establish the schedule and process for the proceeding. ( g ) If it appears at any time that a proceeding on the Accelerated Docket is no longer appropriate for such treatment, Commission staff may remove the matter from the Accelerated Docket either on its own motion or at the request of any party. ( h ) In Accelerated Docket proceedings, the Commission may conduct a minitrial, or a trial-type hearing, as an alternative to deciding a case on a written record. Minitrials shall take place no later than between 40 and 45 days after the filing of the complaint. A Commission Administrative Law Judge (“ALJ”) or staff may preside at the minitrial. ( i ) Applications for review of staff decisions issued on delegated authority in Accelerated Docket proceedings shall comply with the filing and service requirements in § 1.115(e)(4) . In Accelerated Docket proceedings which raise issues that may not be decided on delegated authority (see 47 U.S.C. 155(c)(1) ; 47 CFR 0.331(c) ), the staff decision will be a recommended decision subject to adoption or modification by the Commission. Any party to the proceeding that seeks modification of the recommended decision shall do so by filing comments challenging the decision within 15 days of its release. Opposition comments, shall be filed within 15 days of the comments challenging the decision; reply comments shall may be filed 10 days thereafter and shall be limited to issues raised in the opposition comments. ( j ) If no party files comments challenging the recommended decision, the Commission will issue its decision adopting or modifying the recommended decision within 45 days of its release. If parties to the proceeding file comments to the recommended decision, the Commission will issue its decision adopting or modifying the recommended decision within 30 days of the filing of the final comments. [ 83 FR 44832 , Sept. 4, 2018] § 1.737 Mediation. ( a ) The Commission encourages parties to attempt to settle or narrow their disputes. To that end, staff in the Enforcement Bureau's Market Disputes Resolution Division are available to conduct mediations. Staff will determine whether a matter is appropriate for mediation. Participation in mediation is generally voluntary, but may be required as a condition for including a matter on the Accelerated Docket. ( b ) Parties may request mediation of a dispute before the filing of a complaint. After a complaint has been filed, parties may request mediation as long as a proceeding is pending before the Commission. ( c ) Parties may request mediation by: Calling the Chief of the Enforcement Bureau's Market Disputes Resolution Division; submitting a written request in a letter addressed to the Chief of the Market Disputes Resolution Division; or including a mediation request in any pleading in a formal complaint proceeding, or an informal complaint proceeding under § 1.717 . Any party requesting mediation must verify that it has attempted to contact all other parties to determine whether they are amenable to mediation, and shall state the response of each party, if any. ( d ) Staff will schedule the mediation in consultation with the parties. Staff may request written statements and other information from the parties to assist in the mediation. ( e ) In any proceeding to which no statutory deadline applies, staff may, in its discretion, hold a case in abeyance pending mediation. ( f ) The parties and Commission staff shall keep confidential all written and oral communications prepared or made for purposes of the mediation, including mediation submissions, offers of compromise, and staff and party comments made during the course of the mediation (Mediation Communications). Neither staff nor the parties may use, disclose or seek to disclose Mediation Communications in any proceeding before the Commission (including an arbitration or a formal complaint proceeding involving the instant dispute) or before any other tribunal, unless compelled to do so by law. Documents and information that are otherwise discoverable do not become Mediation Communications merely because they are disclosed or discussed during the mediation. Unless otherwise directed by Commission staff, the existence of the mediation will not be treated as confidential. A party may request that the existence of the mediation be treated as confidential in a case where this fact has not previously been publicly disclosed, and staff may grant such a request for good cause shown. ( g ) Any party or Commission staff may terminate a mediation by notifying other participants of their decision to terminate. Staff shall promptly confirm in writing that the mediation has ended. The confidentiality rules in paragraph (f) of this section shall continue to apply to any Mediation Communications. Further, unless otherwise directed, any staff ruling requiring that the existence of the mediation be treated as confidential will continue to apply after the mediation has ended. ( h ) For disputes arising under 47 U.S.C. 255 , 617 , and 619 , and the advanced communications services and equipment rules, parties shall submit the Request for Dispute Assistance in accordance with § 14.32 of this chapter . [ 83 FR 44837 , Sept. 4, 2018] § 1.738 Complaints filed pursuant to 47 U.S.C. 271(d)(6)(B) . ( a ) Where a complaint is filed pursuant to 47 U.S.C. 271(d)(6)(B) , parties shall indicate whether they are willing to waive the 90 day resolution deadline contained in 47 U.S.C. 271(d)(6)(B) in the following manner: ( 1 ) The complainant shall so indicate in both the complaint itself and in the Formal Complaint Intake Form, and the defendant shall so indicate in its answer; or ( 2 ) The parties shall indicate their agreement to waive the 90 day resolution deadline to the Commission staff at the initial status conference, to be held in accordance with § 1.733 . ( b ) Requests for waiver of the 90 day resolution deadline for complaints filed pursuant to 47 U.S.C. 271(d)(6)(B) will not be entertained by the Commission staff subsequent to the initial status conference, absent a showing by the complainant and defendant that such waiver is in the public interest. [ 83 FR 44837 , Sept. 4, 2018] § 1.739 Primary jurisdiction referrals. ( a ) Any party to a case involving claims under the Act that has been referred to the Commission by a court pursuant to the primary jurisdiction doctrine must contact the Market Disputes Resolution Division of the Enforcement Bureau for guidance before filing any pleadings or otherwise proceeding before the Commission. ( b ) Based upon an assessment of the procedural history and the nature of the issues involved, the Market Disputes Resolution Division will determine the procedural means by which the Commission will handle the primary jurisdiction referral. ( c ) Failure to contact the Market Disputes Resolution Division prior to filing any pleadings or otherwise proceeding before the Commission, or failure to abide by the Division's determinations regarding the referral, may result in dismissal. [ 83 FR 44837 , Sept. 4, 2018] § 1.740 Review period for section 208 formal complaints not governed by section 208(b)(1) of the Act. ( a ) Except in extraordinary circumstances, final action on a formal complaint filed pursuant to section 208 of the Act, and not governed by section 208(b)(1), should be expected no later than 270 days from the date the complaint is filed with the Commission. ( b ) The Enforcement Bureau shall have the discretion to pause the 270-day review period in situations where actions outside the Commission's control are responsible for unreasonably delaying Commission review of a complaint referenced in paragraph (a) of this section. [ 83 FR 44837 , Sept. 4, 2018] Applications § 1.741 Scope. The general rules relating to applications contained in §§ 1.742 through 1.748 apply to all applications filed by carriers except those filed by public correspondence radio stations pursuant to parts 80 , 87 , and 101 of this chapter , and those filed by common carriers pursuant to part 25 of this chapter . Parts 21 and 101 of this chapter contain general rules applicable to applications filed pursuant to these parts. For general rules applicable to applications filed pursuant to parts 80 and 87 of this chapter , see such parts and subpart F of this part . For rules applicable to applications filed pursuant to part 25, see said part. [ 61 FR 26670 , May 28, 1996] § 1.742 Place of filing, fees, and number of copies. All applications which do not require a fee shall be filed electronically through the Commission's Electronic Comment Filing System if practicable. Applications which must be filed in hard copy format should be submitted according to the procedures set forth on the web page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary . Hand-delivered applications will be dated by the Secretary upon receipt (mailed applications will be dated by the Mail Branch) and then forwarded to the Wireline Competition Bureau. All applications accompanied by a fee payment should be filed in accordance with § 1.1105 , Schedule of charges for applications and other filings for the wireline competition services. [ 83 FR 2556 , Jan. 18, 2018] § 1.743 Who may sign applications. ( a ) Except as provided in paragraph (b) of this section, applications, amendments thereto, and related statements of fact required by the Commission must be signed by the applicant, if the applicant is an individual; by one of the partners, if the applicant is a partnership; by an officer or duly authorized employee, if the applicant is a corporation; or by a member who is an officer, if the applicant is an unincorporated association. Applications, amendments, and related statements of fact filed on behalf of eligible government entities such as states and territories of the United States, their political subdivisions, the District of Columbia, and units of local government, including incorporated municipalities, must be signed by a duly elected or appointed official who is authorized to do so under the laws of the applicable jurisdiction. ( b ) Applications, amendments thereto, and related statements of fact required by the Commission may be signed by the applicant's attorney in case of the applicant's physical disability or of his absence from the United States. The attorney shall in that event separately set forth the reason why the application is not signed by the applicant. In addition, if any matter is stated on the basis of the attorney's belief only (rather than his knowledge), he shall separately set forth his reasons for believing that such statements are true. ( c ) Only the original of applications, amendments, or related statements of fact need be signed; copies may be conformed. ( d ) Applications, amendments, and related statements of fact need not be signed under oath. Willful false statements made therein, however, are punishable by fine and imprisonment, U.S. Code, Title 18, section 1001, and by appropriate administrative sanctions, including revocation of station license pursuant to section 312(a)(1) of the Communications Act of 1934, as amended. ( e ) “Signed,” as used in this section, means an original hand-written signature, except that by public notice in the Federal Register the Wireline Competition Bureau may allow signature by any symbol executed or adopted by the applicant with the intent that such symbol be a signature, including symbols formed by computer-generated electronic impulses. [ 28 FR 12450 , Nov. 22, 1963, as amended at 53 FR 17193 , May 16, 1988; 59 FR 59503 , Nov. 17, 1994; 67 FR 13223 , Mar. 21, 2002] § 1.744 Amendments. ( a ) Any application not designated for hearing may be amended at any time by the filing of signed amendments in the same manner, and with the same number of copies, as was the initial application. If a petition to deny (or to designate for hearing) has been filed, the amendment shall be served on the petitioner. ( b ) After any application is designated for hearing, requests to amend such application may be granted by the presiding officer upon good cause shown by petition, which petition shall be properly served upon all other parties to the proceeding. ( c ) The applicant may at any time be ordered to amend his application so as to make it more definite and certain. Such order may be issued upon motion of the Commission (or the presiding officer, if the application has been designated for hearing) or upon petition of any interested person, which petition shall be properly served upon the applicant and, if the application has been designated for hearing, upon all parties to the hearing. [ 29 FR 6444 , May 16, 1964, and 31 FR 14394 , Nov. 9, 1966] § 1.745 Additional statements. The applicant may be required to submit such additional documents and written statements of fact, signed and verified (or affirmed), as in the judgment of the Commission (or the presiding officer, if the application has been designated for hearing) may be necessary. Any additional documents and written statements of fact required in connection with applications under Title II of the Communications Act need not be verified (or affirmed). [ 29 FR 6444 , May 16, 1964] § 1.746 Defective applications. ( a ) Applications not in accordance with the applicable rules in this chapter may be deemed defective and returned by the Commission without acceptance of such applications for filing and consideration. Such applications will be accepted for filing and consideration if accompanied by petition showing good cause for waiver of the rule with which the application does not conform. ( b ) The assignment of a file number, if any, to an application is for the administrative convenience of the Commission and does not indicate the acceptance of the application for filing and consideration. § 1.747 Inconsistent or conflicting applications. When an application is pending or undecided, no inconsistent or conflicting application filed by the same applicant, his successor or assignee, or on behalf or for the benefit of said applicant, his successor, or assignee, will be considered by the Commission. § 1.748 Dismissal of applications. ( a ) Before designation for hearing. Any application not designated for hearing may be dismissed without prejudice at any time upon request of the applicant. An applicant's request for the return of an application that has been accepted for filing and consideration, but not designated for hearing, will be deemed a request for dismissal without prejudice. The Commission may dismiss an application without prejudice before it has been designated for hearing when the applicant fails to comply or justify noncompliance with Commission requests for additional information in connection with such application. ( b ) After designation for hearing. A request to dismiss an application without prejudice after it has been designated for hearing shall be made by petition properly served upon all parties to the hearing and will be granted only for good cause shown. An application may be dismissed with prejudice after it has been designated for hearing when the applicant: ( 1 ) Fails to comply with the requirements of § 1.221(c) ; ( 2 ) Otherwise fails to prosecute his application; or ( 3 ) Fails to comply or justify noncompliance with Commission requests for additional information in connection with such application. [ 28 FR 12450 , Nov. 22, 1963, as amended at 29 FR 6445 , May 16, 1964] § 1.749 Action on application under delegated authority. Certain applications do not require action by the Commission but, pursuant to the delegated authority contained in subpart B of part 0 of this chapter , may be acted upon by the Chief of the Wireline Competition Bureau subject to reconsideration by the Commission. [ 67 FR 13223 , Mar. 21, 2002] Specific Types of Applications Under Title II of Communications Act § 1.761 Cross reference. Specific types of applications under Title III of the Communications Act involving public correspondence radio stations are specified in parts 23 , 80 , 87 , and 101 of this chapter . [ 61 FR 26671 , May 28, 1996] § 1.763 Construction, extension, acquisition or operation of lines. ( a ) Applications under section 214 of the Communications Act for authority to construct a new line, extend any line, acquire or operate any line or extension thereof, or to engage in transmission over or by means of such additional or extended line, to furnish temporary or emergency service, or to supplement existing facilities shall be made in the form and manner, with the number of copies and accompanied by the fees specified in part 63 of this chapter . ( b ) In cases under this section requiring a certificate, notice is given to and a copy of the application is filed with the Secretary of Defense, the Secretary of State (with respect to such applications involving service to foreign points), and the Governor of each State involved. Hearing is held if any of these persons desires to be heard or if the Commission determines that a hearing should be held. Copies of applications for certificates are filed with the regulatory agencies of the States involved. [ 28 FR 12450 , Nov. 22, 1963, as amended at 64 FR 39939 , July 23, 1999] § 1.764 Discontinuance, reduction, or impairment of service. ( a ) Applications under section 214 of the Communications Act for the authority to discontinue, reduce, or impair service to a community or part of a community or for the temporary, emergency, or partial discontinuance, reduction, or impairment of service shall be made in the form and manner, with the number of copies specified in part 63 of this chapter (see also subpart G, part 1 of this chapter ). Posted and public notice shall be given the public as required by part 63 of this chapter . ( b ) In cases under this section requiring a certificate, notice is given to and a copy of the application is filed with the Secretary of Defense, the Secretary of State (with respect to such applications involving service to foreign points), and the Governor of each State involved. Hearing is held if any of these persons desires to be heard or if the Commission determines that a hearing should be held. Copies of all formal applications under this section requesting authorizations (including certificates) are filed with the Secretary of Defense, the Secretary of State (with respect to such applications involving service to foreign points) and the Governor of each State involved. Copies of all applications under this section requesting authorizations (including certificates) are filed with the regulatory agencies of the States involved. [ 28 FR 12450 , Nov. 22, 1963, as amended at 52 FR 5289 , Feb. 20, 1987] § 1.767 Cable landing licenses. Cross Reference Link to an amendment published at 85 FR 76382 , Nov. 27, 2020. ( a ) Applications for cable landing licenses under 47 U.S.C. 34-39 and Executive Order No. 10530, dated May 10, 1954, should be filed in accordance with the provisions of that Executive Order. These applications should contain: ( 1 ) The name, address and telephone number(s) of the applicant; ( 2 ) The Government, State, or Territory under the laws of which each corporate or partnership applicant is organized; ( 3 ) The name, title, post office address, and telephone number of the officer and any other contact point, such as legal counsel, to whom correspondence concerning the application is to be addressed; ( 4 ) A description of the submarine cable, including the type and number of channels and the capacity thereof; ( 5 ) A specific description of the cable landing stations on the shore of the United States and in foreign countries where the cable will land. The description shall include a map showing specific geographic coordinates, and may also include street addresses, of each landing station. The map must also specify the coordinates of any beach joint where those coordinates differ from the coordinates of the cable station. The applicant initially may file a general geographic description of the landing points; however, grant of the application will be conditioned on the Commission's final approval of a more specific description of the landing points, including all information required by this paragraph, to be filed by the applicant no later than ninety (90) days prior to construction. The Commission will give public notice of the filing of this description, and grant of the license will be considered final if the Commission does not notify the applicant otherwise in writing no later than sixty (60) days after receipt of the specific description of the landing points, unless the Commission designates a different time period; ( 6 ) A statement as to whether the cable will be operated on a common carrier or non-common carrier basis; ( 7 ) A list of the proposed owners of the cable system, including each U.S. cable landing station, their respective voting and ownership interests in each U.S. cable landing station, their respective voting interests in the wet link portion of the cable system, and their respective ownership interests by segment in the cable; ( 8 ) For each applicant: ( i ) The place of organization and the information and certifications required in §§ 63.18(h) and (o) of this chapter ; ( ii ) A certification as to whether or not the applicant is, or is affiliated with, a foreign carrier, including an entity that owns or controls a cable landing station, in any foreign country. The certification shall state with specificity each such country; ( iii ) A certification as to whether or not the applicant seeks to land and operate a submarine cable connecting the United States to any country for which any of the following is true. The certification shall state with specificity the foreign carriers and each country: ( A ) The applicant is a foreign carrier in that country; or ( B ) The applicant controls a foreign carrier in that country; or ( C ) There exists any entity that owns more than 25 percent of the applicant, or controls the applicant, or controls a foreign carrier in that country. ( D ) Two or more foreign carriers (or parties that control foreign carriers) own, in the aggregate, more than 25 percent of the applicant and are parties to, or the beneficiaries of, a contractual relation (e.g., a joint venture or market alliance) affecting the provision or marketing of arrangements for the terms of acquisition, sale, lease, transfer and use of capacity on the cable in the United States; and ( iv ) For any country that the applicant has listed in response to paragraph (a)(8)(iii) of this section that is not a member of the World Trade Organization, a demonstration as to whether the foreign carrier lacks market power with reference to the criteria in § 63.10(a) of this chapter . Note to paragraph ( a )(8)( iv ): Under § 63.10(a) of this chapter , the Commission presumes, subject to rebuttal, that a foreign carrier lacks market power in a particular foreign country if the applicant demonstrates that the foreign carrier lacks 50 percent market share in international transport facilities or services, including cable landing station access and backhaul facilities, intercity facilities or services, and local access facilities or services on the foreign end of a particular route. ( 9 ) A certification that the applicant accepts and will abide by the routine conditions specified in paragraph (g) of this section; and ( 10 ) Any other information that may be necessary to enable the Commission to act on the application. Note to paragraph ( a )(10): Applicants for cable landing licenses may be subject to the consistency certification requirements of the Coastal Zone Management Act (CZMA), 16 U.S.C. 1456 , if they propose to conduct activities, in or outside of a coastal zone of a state with a federally-approved management plan, affecting any land or water use or natural resource of that state's coastal zone. Before filing their applications for a license to construct and operate a submarine cable system or to modify the construction of a previously approved submarine cable system, applicants must determine whether they are required to certify that their proposed activities will comply with the enforceable policies of a coastal state's approved management program. In order to make this determination, applicants should consult National Oceanic Atmospheric Administration (NOAA) regulations, 15 CFR part 930, Subpart D , and review the approved management programs of coastal states in the vicinity of the proposed landing station to verify that this type of application is not a listed federal license activity requiring review. After the application is filed, applicants should follow the procedures specified in 15 CFR 930.54 to determine whether any potentially affected state has sought or received NOAA approval to review the application as an unlisted activity. If it is determined that any certification is required, applicants shall consult the affected coastal state(s) (or designated state agency(ies)) in determining the contents of any required consistency certification(s). Applicants may also consult the Office of Ocean and Coastal Management (OCRM) within NOAA for guidance. The cable landing license application filed with the Commission shall include any consistency certification required by section 1456(c)(3)(A) for any affected coastal state(s) that lists this type of application in its NOAA-approved coastal management program and shall be updated pursuant to § 1.65 of the Commission's rules, 47 CFR 1.65 , to include any subsequently required consistency certification with respect to any state that has received NOAA approval to review the application as an unlisted federal license activity. Upon documentation from the applicant—or notification from each coastal state entitled to review the license application for consistency with a federally approved coastal management program—that the state has either concurred, or by its inaction, is conclusively presumed to have concurred with the applicant's consistency certification, the Commission may take action on the application. ( 11 ) ( i ) If applying for authority to assign or transfer control of an interest in a cable system, the applicant shall complete paragraphs (a)(1) through (a)(3) of this section for both the transferor/assignor and the transferee/assignee. Only the transferee/assignee needs to complete paragraphs (a)(8) through (a)(9) of this section. At the beginning of the application, the applicant should also include a narrative of the means by which the transfer or assignment will take place. The application shall also specify, on a segment specific basis, the percentage of voting and ownership interests being transferred or assigned in the cable system, including in a U.S. cable landing station. The Commission reserves the right to request additional information as to the particulars of the transaction to aid it in making its public interest determination. ( ii ) In the event the transaction requiring an assignment or transfer of control application also requires the filing of a foreign carrier affiliation notification pursuant to § 1.768 , the applicant shall reference in the application the foreign carrier affiliation notification and the date of its filing. See § 1.768 . See also paragraph (g)(7) of this section (providing for post-transaction notification of pro forma assignments and transfers of control). ( iii ) An assignee or transferee must notify the Commission no later than thirty (30) days after either consummation of the assignment or transfer or a decision not to consummate the assignment or transfer. The notification shall identify the file numbers under which the initial license and the authorization of the assignment or transfer were granted. ( b ) These applications are acted upon by the Commission after obtaining the approval of the Secretary of State and such assistance from any executive department or establishment of the Government as it may require. ( c ) Original files relating to submarine cable landing licenses and applications for licenses since June 30, 1934, are kept by the Commission. Such applications for licenses (including all documents and exhibits filed with and made a part thereof, with the exception of any maps showing the exact location of the submarine cable or cables to be licensed) and the licenses issued pursuant thereto, with the exception of such maps, shall, unless otherwise ordered by the Commission, be open to public inspection in the offices of the Commission in Washington, D.C. ( d ) Original files relating to licenses and applications for licenses for the landing operation of cables prior to June 30, 1934, were kept by the Department of State, and such files prior to 1930 have been transferred to the Executive and Foreign Affairs Branch of the General Records Office of the National Archives. Requests for inspection of these files should, however, be addressed to the Federal Communications Commission, Washington, D.C., 20554; and the Commission will obtain such files for a temporary period in order to permit inspection at the offices of the Commission. ( e ) A separate application shall be filed with respect to each individual cable system for which a license is requested or a modification of the cable system, renewal, or extension of an existing license is requested. Applicants for common carrier cable landing licenses shall also separately file an international section 214 authorization for overseas cable construction. ( f ) Applicants shall disclose to any interested member of the public, upon written request, accurate information concerning the location and timing for the construction of a submarine cable system authorized under this section. This disclosure shall be made within 30 days of receipt of the request. ( g ) Routine conditions. Except as otherwise ordered by the Commission, the following rules apply to each licensee of a cable landing license granted on or after March 15, 2002: ( 1 ) Grant of the cable landing license is subject to: ( i ) All rules and regulations of the Federal Communications Commission; ( ii ) Any treaties or conventions relating to communications to which the United States is or may hereafter become a party; and ( iii ) Any action by the Commission or the Congress of the United States rescinding, changing, modifying or amending any rights accruing to any person by grant of the license; ( 2 ) The location of the cable system within the territorial waters of the United States of America, its territories and possessions, and upon its shores shall be in conformity with plans approved by the Secretary of the Army. The cable shall be moved or shifted by the licensee at its expense upon request of the Secretary of the Army, whenever he or she considers such course necessary in the public interest, for reasons of national defense, or for the maintenance and improvement of harbors for navigational purposes; ( 3 ) The licensee shall at all times comply with any requirements of United States government authorities regarding the location and concealment of the cable facilities, buildings, and apparatus for the purpose of protecting and safeguarding the cables from injury or destruction by enemies of the United States of America; ( 4 ) The licensee, or any person or company controlling it, controlled by it, or under direct or indirect common control with it, does not enjoy and shall not acquire any right to handle traffic to or from the United States, its territories or its possessions unless such service is authorized by the Commission pursuant to section 214 of the Communications Act, as amended; ( 5 ) ( i ) The licensee shall be prohibited from agreeing to accept special concessions directly or indirectly from any foreign carrier, including any entity that owns or controls a foreign cable landing station, where the foreign carrier possesses sufficient market power on the foreign end of the route to affect competition adversely in the U.S. market, and from agreeing to accept special concessions in the future. ( ii ) For purposes of this section, a special concession is defined as an exclusive arrangement involving services, facilities, or functions on the foreign end of a U.S. international route that are necessary to land, connect, or operate submarine cables, where the arrangement is not offered to similarly situated U.S. submarine cable owners, indefeasible-right-of-user holders, or lessors, and includes arrangements for the terms for acquisition, resale, lease, transfer and use of capacity on the cable; access to collocation space; the opportunity to provide or obtain backhaul capacity; access to technical network information; and interconnection to the public switched telecommunications network. ( iii ) Licensees may rely on the Commission's list of foreign carriers that do not qualify for the presumption that they lack market power in particular foreign points for purposes of determining which foreign carriers are the subject of the requirements of this section. The Commission's list of foreign carriers that do not qualify for the presumption that they lack market power is available from the Office of International Affairs' website at: https://www.fcc.gov/international-affairs . ( 6 ) Except as provided in paragraph (g)(7) of this section, the cable landing license and rights granted in the license shall not be transferred, assigned, or disposed of, or disposed of indirectly by transfer of control of the licensee, unless the Federal Communications Commission gives prior consent in writing; ( 7 ) A pro forma assignee or person or company that is the subject of a pro forma transfer of control of a cable landing license is not required to seek prior approval for the pro forma transaction. A pro forma assignee or person or company that is the subject of a pro forma transfer of control must notify the Commission no later than thirty (30) days after the assignment or transfer of control is consummated. The notification must certify that the assignment or transfer of control was pro forma , as defined in § 63.24 of this chapter , and, together with all previous pro forma transactions, does not result in a change of the licensee's ultimate control. The licensee may file a single notification for an assignment or transfer of control of multiple licenses issued in the name of the licensee if each license is identified by the file number under which it was granted; ( 8 ) Unless the licensee has notified the Commission in the application of the precise locations at which the cable will land, as required by paragraph (a)(5) of this section, the licensee shall notify the Commission no later than ninety (90) days prior to commencing construction at that landing location. The Commission will give public notice of the filing of each description, and grant of the cable landing license will be considered final with respect to that landing location unless the Commission issues a notice to the contrary no later than sixty (60) days after receipt of the specific description. See paragraph (a)(5) of this section; ( 9 ) The Commission reserves the right to require the licensee to file an environmental assessment should it determine that the landing of the cable at the specific locations and construction of necessary cable landing stations may significantly affect the environment within the meaning of § 1.1307 implementing the National Environmental Policy Act of 1969. See § 1.1307(a) and (b) . The cable landing license is subject to modification by the Commission under its review of any environmental assessment or environmental impact statement that it may require pursuant to its rules. See also § 1.1306 note 1 and § 1.1307(c) and (d) ; ( 10 ) The Commission reserves the right, pursuant to section 2 of the Cable Landing License Act, 47 U.S.C. 35 , Executive Order No. 10530 as amended, and section 214 of the Communications Act of 1934, as amended, 47 U.S.C. 214 , to impose common carrier regulation or other regulation consistent with the Cable Landing License Act on the operations of the cable system if it finds that the public interest so requires; ( 11 ) The licensee, or in the case of multiple licensees, the licensees collectively, shall maintain de jure and de facto control of the U.S. portion of the cable system, including the cable landing stations in the United States, sufficient to comply with the requirements of the Commission's rules and any specific conditions of the license; ( 12 ) The licensee shall comply with the requirements of § 1.768 ; ( 13 ) The licensee shall file annual international circuit capacity reports as required by § 43.82 of this chapter . ( 14 ) The cable landing license is revocable by the Commission after due notice and opportunity for hearing pursuant to section 2 of the Cable Landing License Act, 47 U.S.C. 35 , or for failure to comply with the terms of the license or with the Commission's rules; and ( 15 ) The licensee must notify the Commission within thirty (30) days of the date the cable is placed into service. The cable landing license shall expire twenty-five (25) years from the in-service date, unless renewed or extended upon proper application. Upon expiration, all rights granted under the license shall be terminated. ( 16 ) Licensees shall file submarine cable outage reports as required in 47 CFR part 4 . ( h ) Applicants/Licensees. Except as otherwise required by the Commission, the following entities, at a minimum, shall be applicants for, and licensees on, a cable landing license: ( 1 ) Any entity that owns or controls a cable landing station in the United States; and ( 2 ) All other entities owning or controlling a five percent (5%) or greater interest in the cable system and using the U.S. points of the cable system. ( i ) Processing of cable landing license applications. The Commission will take action upon an application eligible for streamlined processing, as specified in paragraph (k) of this section, within forty-five (45) days after release of the public notice announcing the application as acceptable for filing and eligible for streamlined processing. If the Commission deems an application seeking streamlined processing acceptable for filing but ineligible for streamlined processing, or if an applicant does not seek streamlined processing, the Commission will issue public notice indicating that the application is ineligible for streamlined processing. Within ninety (90) days of the public notice, the Commission will take action upon the application or provide public notice that, because the application raises questions of extraordinary complexity, an additional 90-day period for review is needed. Each successive 90-day period may be so extended. ( j ) Applications for streamlining. Each applicant seeking to use the streamlined grant procedure specified in paragraph (i) of this section shall request streamlined processing in its application. Applications for streamlined processing shall include the information and certifications required by paragraph (k) of this section. On the date of filing with the Commission, the applicant shall also send a complete copy of the application, or any major amendments or other material filings regarding the application, to: U.S. Coordinator, EB/CIP, U.S. Department of State, 2201 C Street, NW., Washington, DC 20520-5818; Office of Chief Counsel/NTIA, U.S. Department of Commerce, 14th St. and Constitution Ave., NW., Washington, DC 20230; and Defense Information Systems Agency, ATTN: GC/DO1, 6910 Cooper Avenue, Fort Meade, MD 20755-7088, and shall certify such service on a service list attached to the application or other filing. ( k ) Eligibility for streamlining. Each applicant must demonstrate eligibility for streamlining by: ( 1 ) Certifying that it is not a foreign carrier and it is not affiliated with a foreign carrier in any of the cable's destination markets; ( 2 ) Demonstrating pursuant to § 63.12(c)(l)(i) through (iii) of this chapter that any such foreign carrier or affiliated foreign carrier lacks market power; or ( 3 ) Certifying that the destination market where the applicant is, or has an affiliation with, a foreign carrier is a World Trade Organization (WTO) Member and the applicant agrees to accept and abide by the reporting requirements set out in paragraph (l) of this section. An application that includes an applicant that is, or is affiliated with, a carrier with market power in a cable's non-WTO Member destination country is not eligible for streamlining. ( 4 ) Certifying that for applications for a license to construct and operate a submarine cable system or to modify the construction of a previously approved submarine cable system the applicant is not required to submit a consistency certification to any state pursuant to section 1456(c)(3)(A) of the Coastal Zone Management Act (CZMA), 16 U.S.C. 1456 . Note to paragraph ( k )(4): Streamlining of cable landing license applications will be limited to those applications where all potentially affected states, having constructive notice that the application was filed with the Commission, have waived, or are deemed to have waived, any section 1456(c)(3)(A) right to review the application within the thirty-day period prescribed by 15 CFR 930.54 . ( l ) Reporting Requirements Applicable to Licensees Affiliated with a Carrier with Market Power in a Cable's WTO Destination Market. Any licensee that is, or is affiliated with, a carrier with market power in any of the cable's WTO Member destination countries, and that requests streamlined processing of an application under paragraphs (j) and (k) of this section, must comply with the following requirements: ( 1 ) File quarterly reports summarizing the provisioning and maintenance of all network facilities and services procured from the licensee's affiliate in that destination market, within ninety (90) days from the end of each calendar quarter. These reports shall contain the following: ( i ) The types of facilities and services provided (for example, a lease of wet link capacity in the cable, collocation of licensee's equipment in the cable station with the ability to provide backhaul, or cable station and backhaul services provided to the licensee); ( ii ) For provisioned facilities and services, the volume or quantity provisioned, and the time interval between order and delivery; and ( iii ) The number of outages and intervals between fault report and facility or service restoration; and ( 2 ) File quarterly, within 90 days from the end of each calendar quarter, a report of its active and idle 64 kbps or equivalent circuits by facility (terrestrial, satellite and submarine cable). ( m ) ( 1 ) Except as specified in paragraph (m)(2) of this section, amendments to pending applications, and applications to modify a license, including amendments or applications to add a new applicant or licensee, shall be signed by each initial applicant or licensee, respectively. Joint applicants or licensees may appoint one party to act as proxy for purposes of complying with this requirement. ( 2 ) Any licensee that seeks to relinquish its interest in a cable landing license shall file an application to modify the license. Such application must include a demonstration that the applicant is not required to be a licensee under paragraph (h) of this section and that the remaining licensee(s) will retain collectively de jure and de facto control of the U.S. portion of the cable system sufficient to comply with the requirements of the Commission's rules and any specific conditions of the license, and must be served on each other licensee of the cable system. ( n ) ( 1 ) With the exception of submarine cable outage reports, and subject to the availability of electronic forms, all applications and notifications described in this section must be filed electronically through the International Communications Filing System (ICFS). A list of forms that are available for electronic filing can be found on the ICFS homepage. For information on electronic filing requirements, see subpart Y of this part , and the ICFS homepage at https://www.fcc.gov/icfs . See also §§ 63.20 and 63.53 of this chapter . ( 2 ) Submarine cable outage reports must be filed as set forth in part 4 of this Title . ( o ) Outage Reporting. Licensees of a cable landing license granted prior to March 15, 2002 shall file submarine cable outage reports as required in part 4 of this Title . Note to § 1.767 : The terms “affiliated” and “foreign carrier,” as used in this section, are defined as in § 63.09 of this chapter except that the term “foreign carrier” also shall include any entity that owns or controls a cable landing station in a foreign market. The term “country” as used in this section refers to the foreign points identified in the U.S. Department of State list of Independent States of the World and its list of Dependencies and Areas of Special Sovereignty. See http://www.state.gov . [ 28 FR 12450 , Nov. 22, 1963, as amended at 52 FR 5289 , Feb. 20, 1987; 61 FR 15726 , Apr. 9, 1996; 64 FR 19061 , Apr. 19, 1999; 65 FR 51769 , Aug. 25, 2000; 65 FR 54799 , Sept. 11, 2000; 67 FR 1619 , Jan. 14, 2002; 69 FR 40327 , July 2, 2004; 70 FR 38796 , July 6, 2005; 72 FR 54366 , Sept. 25, 2007; 75 FR 81490 , Dec. 28, 2010; 76 FR 32867 , June 7, 2011; 78 FR 15623 , Mar. 12, 2013; 79 FR 31876 , June 3, 2014; 81 FR 52362 , Aug. 8, 2016; 82 FR 55331 , Nov. 21, 2017; 86 FR 15061 , Mar. 19, 2021; 88 FR 21433 , Apr. 10, 2023] § 1.768 Notification by and prior approval for submarine cable landing licensees that are or propose to become affiliated with a foreign carrier. Any entity that is licensed by the Commission (“licensee”) to land or operate a submarine cable landing in a particular foreign destination market that becomes, or seeks to become, affiliated with a foreign carrier that is authorized to operate in that market, including an entity that owns or controls a cable landing station in that market, shall notify the Commission of that affiliation. ( a ) Affiliations requiring prior notification: Except as provided in paragraph (b) of this section, the licensee must notify the Commission, pursuant to this section, forty-five (45) days before consummation of either of the following types of transactions: ( 1 ) Acquisition by the licensee, or by any entity that controls the licensee, or by any entity that directly or indirectly owns more than twenty-five percent (25%) of the capital stock of the licensee, of a controlling interest in a foreign carrier that is authorized to operate in a market where the cable lands; or ( 2 ) Acquisition of a direct or indirect interest greater than twenty-five percent (25%), or of a controlling interest, in the capital stock of the licensee by a foreign carrier that is authorized to operate in a market where the cable lands, or by an entity that controls such a foreign carrier. ( b ) Exceptions: ( 1 ) Notwithstanding paragraph (a) of this section, the notification required by this section need not be filed before consummation, and may instead by filed pursuant to paragraph (c) of this section, if either of the following is true with respect to the named foreign carrier, regardless of whether the destination market where the cable lands is a World Trade Organization (WTO) or non-WTO Member: ( i ) The Commission has previously determined in an adjudication that the foreign carrier lacks market power in that destination market (for example, in an international section 214 application or a declaratory ruling proceeding); or ( ii ) The foreign carrier owns no facilities in that destination market. For this purpose, a carrier is said to own facilities if it holds an ownership, indefeasible-right-of-user, or leasehold interest in a cable landing station or in bare capacity in international or domestic telecommunications facilities (excluding switches). ( 2 ) In the event paragraph (b)(1) of this section cannot be satisfied, notwithstanding paragraph (a) of this section, the notification required by this section need not be filed before consummation, and may instead be filed pursuant to paragraph (c) of this section, if the licensee certifies that the destination market where the cable lands is a WTO Member and provides certification to satisfy either of the following: ( i ) The licensee demonstrates that its foreign carrier affiliate lacks market power in the cable's destination market pursuant to § 63.10(a)(3) of this chapter ( see § 63.10(a)(3) of this chapter ); or ( ii ) The licensee agrees to comply with the reporting requirements contained in § 1.767(l) effective upon the acquisition of the affiliation. See § 1.767(l) . ( c ) Notification after consummation: Any licensee that becomes affiliated with a foreign carrier and has not previously notified the Commission pursuant to the requirements of this section shall notify the Commission within thirty (30) days after consummation of the acquisition. Example 1 to paragraph (c). Acquisition by a licensee (or by any entity that directly or indirectly controls, is controlled by, or is under direct or indirect common control with the licensee) of a direct or indirect interest in a foreign carrier that is greater than twenty-five percent (25%) but not controlling is subject to paragraph (c) of this section but not to paragraph (a) of this section. Example 2 to paragraph (c). Notification of an acquisition by a licensee of a hundred percent (100%) interest in a foreign carrier may be made after consummation, pursuant to paragraph (c) of this section, if the foreign carrier operates only as a resale carrier. Example 3 to paragraph (c). Notification of an acquisition by a foreign carrier from a WTO Member of a greater than twenty-five percent (25%) interest in the capital stock of the licensee may be made after consummation, pursuant to paragraph (c) of this section, if the licensee demonstrates in the post-notification that the foreign carrier lacks market power in the cable's destination market or the licensee agrees to comply with the reporting requirements contained in § 1.767(l) effective upon the acquisition of the affiliation. ( d ) Cross-reference: In the event a transaction requiring a foreign carrier notification pursuant to this section also requires a transfer of control or assignment application pursuant to the requirements of the license granted under § 1.767 or § 1.767(g) , the foreign carrier notification shall reference in the notification the transfer of control or assignment application and the date of its filing. See § 1.767(g) . ( e ) Contents of notification: The notification shall certify the following information: ( 1 ) The name of the newly affiliated foreign carrier and the country or countries at the foreign end of the cable in which it is authorized to provide telecommunications services to the public or where it owns or controls a cable landing station; ( 2 ) Which, if any, of those countries is a Member of the World Trade Organization; ( 3 ) The name of the cable system that is the subject of the notification, and the FCC file number(s) under which the license was granted; ( 4 ) The name, address, citizenship, and principal business of any person or entity that directly or indirectly owns at least ten percent (10%) of the equity of the licensee, and the percentage of equity owned by each of those entities (to the nearest one percent (1%)); ( 5 ) Interlocking directorates. The name of any interlocking directorates, as defined in § 63.09(g) of this chapter , with each foreign carrier named in the notification. See § 63.09(g) of this chapter . ( 6 ) With respect to each foreign carrier named in the notification, a statement as to whether the notification is subject to paragraph (a) or (c) of this section. In the case of a notification subject to paragraph (a) of this section, the licensee shall include the projected date of closing. In the case of a notification subject to paragraph (c) of this section, the licensee shall include the actual date of closing. ( 7 ) If a licensee relies on an exception in paragraph (b) of this section, then a certification as to which exception the foreign carrier satisfies and a citation to any adjudication upon which the licensee is relying. Licensees relying upon the exceptions in paragraph (b)(2) of this section must make the required certified demonstration in paragraph (b)(2)(i) of this section or the certified commitment to comply with the reporting requirements in paragraph (b)(2)(ii) of this section in the notification required by paragraph (c) of this section. ( f ) If the licensee seeks to be excepted from the reporting requirements contained in § 1.767(l) , the licensee should demonstrate that each foreign carrier affiliate named in the notification lacks market power pursuant to § 63.10(a)(3) of this chapter . See § 63.10(a)(3) of this chapter . ( g ) Procedure. After the Commission issues a public notice of the submissions made under this section, interested parties may file comments within fourteen (14) days of the public notice. ( 1 ) If the Commission deems it necessary at any time before or after the deadline for submission of public comments, the Commission may impose reporting requirements on the licensee based on the provisions of § 1.767(l) . See § 1.767(l) . ( 2 ) In the case of a prior notification filed pursuant to paragraph (a) of this section, the authorized U.S. licensee must demonstrate that it continues to serve the public interest for it to retain its interest in the cable landing license for that segment of the cable that lands in the non-WTO destination market. Such a showing shall include a demonstration as to whether the foreign carrier lacks market power in the non-WTO destination market with reference to the criteria in § 63.10(a) of this chapter . In addition, upon request of the Commission, the licensee shall provide the information specified in § 1.767(a)(8) . If the licensee is unable to make the required showing or is notified by the Commission that the affiliation may otherwise harm the public interest pursuant to the Commission's policies and rules under 47 U.S.C. 34 through 39 and Executive Order No. 10530, dated May 10, 1954, then the Commission may impose conditions necessary to address any public interest harms or may proceed to an immediate authorization revocation hearing. Note to paragraph ( g )(2): Under § 63.10(a) of this chapter , the Commission presumes, subject to rebuttal, that a foreign carrier lacks market power in a particular foreign country if the applicant demonstrates that the foreign carrier lacks 50 percent market share in international transport facilities or services, including cable landing station access and backhaul facilities, intercity facilities or services, and local access facilities or services on the foreign end of a particular route. ( h ) All licensees are responsible for the continuing accuracy of information provided pursuant to this section for a period of forty-five (45) days after filing. During this period if the information furnished is no longer accurate, the licensee shall as promptly as possible, and in any event within ten (10) days, unless good cause is shown, file with the Commission a corrected notification referencing the FCC file numbers under which the original notification was provided. ( i ) A licensee that files a prior notification pursuant to paragraph (a) of this section may request confidential treatment of its filing, pursuant to § 0.459 of this chapter , for the first twenty (20) days after filing. ( j ) Subject to the availability of electronic forms, all notifications described in this section must be filed electronically through the International Communications Filing System (ICFS). A list of forms that are available for electronic filing can be found on the ICFS homepage. For information on electronic filing requirements, see §§ 1.1000 through 1.10018 and the ICFS homepage at https://www.fcc.gov/icfs . See also §§ 63.20 and 63.53 of this chapter . Note to § 1.768 : The terms “affiliated” and “foreign carrier,” as used in this section, are defined as in § 63.09 of this chapter except that the term “foreign carrier” also shall include an entity that owns or controls a cable landing station in a foreign market. [ 67 FR 1622 , Jan. 14, 2002, as amended at 70 FR 38797 , July 6, 2005; 79 FR 31877 , June 3, 2014; 88 FR 21434 , Apr. 10, 2023] Tariffs § 1.771 Filing. Schedules of charges, and classifications, practices, and regulations affecting such charges, required under section 203 of the Communications Act shall be constructed, filed, and posted in accordance with and subject to the requirements of part 61 of this chapter . § 1.772 Application for special tariff permission. Applications under section 203 of the Communications Act for special tariff permission shall be made in the form and manner, with the number of copies set out in part 61 of this chapter . [ 52 FR 5289 , Feb. 20, 1987] § 1.773 Petitions for suspension or rejection of new tariff filings. ( a ) Petition — ( 1 ) Content. Petitions seeking investigation, suspension, or rejection of a new or revised tariff filing or any provision thereof shall specify the filing's Federal Communications Commission tariff number and carrier transmittal number, the items against which protest is made, and the specific reasons why the protested tariff filing warrants investigation, suspension, or rejection under the Communications Act. No petition shall include a prayer that it also be considered a formal complaint. Any formal complaint shall be filed as a separate pleading as provided in § 1.721 . ( i ) Petitions seeking investigation, suspension, or rejection of a new or revised tariff filing or any provision of such a publication, must specify the pertinent Federal Communications Commission tariff number and carrier transmittal number; the matters protested; and the specific reasons why the tariff warrants investigation, suspension, or rejection. When a single petition asks for more than one form of relief, it must separately and distinctly plead and support each form of relief. However, no petition may ask that it also be considered a formal complaint. Formal complaints must be separately lodged, as provided in § 1.721 . ( ii ) For purposes of this section, tariff filings by nondominant carriers will be considered prima facie lawful, and will not be suspended by the Commission unless the petition requesting suspension shows: ( A ) That there is a high probability the tariff would be found unlawful after investigation; ( B ) That the harm alleged to competition would be more substantial than the injury to the public arising from the unavailability of the service pursuant to the rates and conditions proposed in the tariff filing; ( C ) That irreparable injury will result if the tariff filing is not suspended; and ( D ) That the suspension would not otherwise be contrary to the public interest. ( iii ) For the purpose of this section, any tariff filing by a local exchange carrier filed pursuant to the requirements of § 61.39 will be considered prima facie lawful and will not be suspended by the Commission unless the petition requesting suspension shows that the cost and demand studies or average schedule information was not provided upon reasonable request. If such a showing is not made, then the filing will be considered prima facie lawful and will not be suspended by the Commission unless the petition requesting suspension shows each of the following: ( A ) That there is a high probability the tariff would be found unlawful after investigation; ( B ) That any unreasonable rate would not be corrected in a subsequent filing; ( C ) That irreparable injury will result if the tariff filing is not suspended; and ( D ) That the suspension would not otherwise be contrary to the public interest. ( iv ) For the purposes of this section, tariff filings made pursuant to § 61.49(b) by carriers subject to price cap regulation will be considered prima facie lawful, and will not be suspended by the Commission unless the petition shows that the support information required in § 61.49(b) was not provided, or unless the petition requesting suspension shows each of the following: ( A ) That there is a high probability the tariff would be found unlawful after investigation; ( B ) That the suspension would not substantially harm other interested parties; ( C ) That irreparable injury will result if the tariff filing is not suspended; and ( D ) That the suspension would not otherwise be contrary to the public interest. ( v ) For the purposes of this section, any tariff filing by a price cap LEC filed pursuant to the requirements of § 61.42(d)(4)(ii) of this chapter will be considered prima facie lawful, and will not be suspended by the Commission unless the petition requesting suspension shows each of the following: ( A ) That there is a high probability the tariff would be found unlawful after investigation; ( B ) That any unreasonable rate would not be corrected in a subsequent filing; ( C ) That irreparable injury will result if the tariff filing is not suspended; and ( D ) That the suspension would not otherwise be contrary to the public interest. ( 2 ) When filed. All petitions seeking investigation, suspension, or rejection of a new or revised tariff filing shall meet the filing requirements of this paragraph. In case of emergency and within the time limits provided, a telegraphic request for such relief may be sent to the Commission setting forth succinctly the substance of the matters required by paragraph (a)(1) of this section. A copy of any such telegraphic request shall be sent simultaneously to the Chief, Wireline Competition Bureau, the Chief, Pricing Policy Division, and the publishing carrier. Thereafter, the request shall be confirmed by petition filed and served in accordance with § 1.773(a)(4) . ( i ) Petitions seeking investigation, suspension, or rejection of a new or revised tariff filed pursuant to section 204(a)(3) of the Communications Act made on 7 days notice shall be filed and served within 3 calendar days after the date of the tariff filing. ( ii ) Petitions seeking investigation, suspension, or rejection of a new or revised tariff filing made on less than 15 days notice shall be filed and served within 6 days after the date of the tariff filing. ( iii ) Petitions seeking investigation, suspension, or rejection of a new or revised tariff filing made on at least 15 but less than 30 days notice shall be filed and served within 7 days after the date of the tariff filing. ( iv ) Petitions seeking investigation, suspension, or rejection of a new or revised tariff filing made on at least 30 but less than 90 days notice shall be filed and served within 15 days after the date of the tariff filing. ( v ) Petitions seeking investigation, suspension, or rejection of a new or revised tariff filing mode on 90 or more days notice shall be filed and served within 25 days after the date of the tariff filing. ( 3 ) Computation of time. Intermediate holidays shall be counted in determining the above filing dates. If the date for filing the petition falls on a holiday, the petition shall be filed on the next succeeding business day. ( 4 ) Copies, service. An original and four copies of each petition shall be filed with the Commission as follows: the original and three copies of each petition shall be filed with the Secretary at the FCC's main office, located at the address indicated in 47 CFR 0.401(a) . Additional, separate copies shall be served simultaneously upon the Chief, Wireline Competition Bureau; and the Chief, Pricing Policy Division. Petitions seeking investigation, suspension, or rejection of a new or revised tariff made on 15 days or less notice shall be served either personally or via facsimile on the filing carrier. If a petition is served via facsimile, a copy of the petition must also be sent to the filing carrier via first class mail on the same day of the facsimile transmission. Petitions seeking investigation, suspension, or rejection of a new or revised tariff filing made on more than 15 days notice may be served on the filing carrier by mail. ( b ) Reply — ( 1 ) When filed. A publishing carrier's reply to a petition for relief from a tariff filing shall be filed in accordance with the following periods: ( i ) Replies to petitions seeking investigation, suspension, or rejection of a new or revised tariff filed pursuant to section 204(a)(3) of the Act made on 7 days notice shall be filed and served within 2 days after the date the petition is filed with the Commission. ( ii ) Replies to petitions seeking investigation, suspension, or rejection of a new or revised tariff filing made on less than 15 days notice shall be filed and served within 3 days after the date the petition is due to be filed with the Commission. ( iii ) Replies to petitions seeking investigation, suspension, or rejection of a new or revised tariff filing made on at least 15 but less than 30 days notice shall be filed and served within 4 days after service of the petition. ( iv ) Replies to petitions seeking investigation, suspension, or rejection of a new or revised tariff filing made on at least 30 but less than 90 days notice shall be filed and served within 5 days after service of the petition. ( v ) Replies to petitions seeking investigation, suspension, or rejection of a new or revised tariff filing made on 90 or more days notice shall be filed and served within 8 days after service of the petition. ( vi ) Where all petitions against a tariff filing have not been filed on the same day, the publishing carrier may file a consolidated reply to all the petitions. The time for filing such a consolidated reply will begin to run on the last date for timely filed petitions, as fixed by paragraphs (a)(2) (i) through (iv) of this section, and the date on which the consolidated reply is due will be governed by paragraphs (b)(1) (i) through (iv) of this section. ( 2 ) Computation of time. Intermediate holidays shall be counted in determining the 3-day filing date for replies to petitions seeking investigation, suspension, or rejection of a new or revised tariff filing made on less than 15 days notice. Intermediate holidays shall not be counted in determining filing dates for replies to petitions seeking investigation, suspension, or rejection of a new or revised tariff filing made on 15 or more days notice. When a petition is permitted to be served upon the filing carrier by mail, an additional 3 days (counting holidays) may be allowed for filing the reply. If the date for filing the reply falls on a holiday, the reply may be filed on the next succeeding business day. ( 3 ) Copies, service. An original and four copies of each reply shall be filed with the Commission as follows: the original and three copies must be filed with the Secretary at the FCC's main office, located at the address indicated in 47 CFR 0.401(a) . Additional separate copies shall be served simultaneously upon the Chief, Wireline Competition Bureau, the Chief, Pricing Policy Division and the petitioner. Replies to petitions seeking investigation, suspension, or rejection of a new or revised tariff made on 15 days or less notice shall be served on petitioners personally or via facsimile. Replies to petitions seeking investigation, suspension, or rejection of a new or revised tariff made on more than 15 days notice may be served upon petitioner personally, by mail or via facsimile. [ 45 FR 64190 , Sept. 29, 1980, as amended at 49 FR 40876 , Oct. 18, 1984; 49 FR 49466 , Dec. 20, 1984; 52 FR 26682 , July 16, 1987; 54 FR 19840 , May 8, 1989; 58 FR 17529 , Apr. 5, 1993; 58 FR 51247 , Oct. 1, 1993; 62 FR 5777 , Feb. 7, 1997; 64 FR 51264 , Sept. 22, 1999; 65 FR 58466 , Sept. 29, 2000; 67 FR 13223 , Mar. 21, 2002; 71 FR 15618 , Mar. 29, 2006; 74 FR 68544 , Dec. 28, 2009; 85 FR 64405 , Oct. 13, 2020] § 1.774 [Reserved] § 1.776 Pricing flexibility limited grandfathering. Special access contract-based tariffs that were in effect on or before August 1, 2017 are grandfathered. Such contract-based tariffs may not be extended, renewed or revised, except that any extension or renewal expressly provided for by the contract-based tariff may be exercised pursuant to the terms thereof. During the period between August 1, 2017 and the deadline to institute mandatory detariffing under § 61.201(b) , upon mutual agreement, parties to a grandfathered contract-based tariff may replace it at any time with a new contract-based tariff or with a new or amended contract that is not filed as a contract-based tariff. [ 82 FR 25711 , June 2, 2017] Effective Date Note Effective Date Note: At 82 FR 25711 , June 2, 2017, § 1.776 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. Contracts, Reports, and Requests Required to be Filed by Carriers § 1.781 Requests for extension of filing time. Requests for extension of time within which to file contracts, reports, and requests referred to in §§ 1.783 through 1.814 shall be made in writing and may be granted for good cause shown. Contracts § 1.783 Filing. Copies of carrier contracts, agreements, concessions, licenses, authorizations or other arrangements, shall be filed as required by part 43 of this chapter . Financial and Accounting Reports and Requests § 1.785 Annual financial reports. ( a ) An annual financial report shall be filed by telephone carriers and affiliates as required by part 43 of this chapter on form M. ( b ) Verified copies of annual reports filed with the Securities and Exchange Commission on its Form 10-K, Form 1-MD, or such other form as may be prescribed by that Commission for filing of equivalent information, shall be filed annually with this Commission by each person directly or indirectly controlling any communications common carrier in accordance with part 43 of this chapter . ( c ) Carriers having separate departments or divisions for carrier and noncarrier operations shall file separate supplemental annual reports with respect to such carrier and non-carrier operations in accordance with part 43 of this chapter . [ 28 FR 12450 , Nov. 22, 1963, as amended at 31 FR 747 , Jan. 20, 1966; 47 FR 50697 , Nov. 9, 1982; 49 FR 36503 , Sept. 18, 1984; 50 FR 41152 , Oct. 9, 1985; 58 FR 36143 , July 6, 1993] § 1.786 [Reserved] § 1.787 Reports of proposed changes in depreciation rates. Carriers shall file reports regarding proposed changes in depreciation rates as required by part 43 of this chapter . § 1.789 Reports regarding division of international telegraph communication charges. Carriers engaging in international telegraph communication shall file reports in regard to the division of communication charges as required by part 43 of this chapter . § 1.790 Reports relating to traffic by international carriers. Carriers shall file periodic reports regarding international point-to-point traffic as required by part 43 of this chapter . [ 57 FR 8579 , Mar. 11, 1992] § 1.791 Reports and requests to be filed under part 32 of this chapter . Reports and requests shall be filed either periodically, upon the happening of specified events, or for specific approval by telephone companies in accordance with and subject to the provisions of part 32 of this chapter . [ 82 FR 20840 , May 4, 2017] § 1.795 Reports regarding interstate rates of return. Carriers shall file reports regarding interstate rates of return on FCC Form 492 as required by part 65 of this chapter . [ 52 FR 274 , Jan. 5, 1987] Services and Facilities Reports § 1.802 Reports relating to continuing authority to supplement facilities or to provide temporary or emergency service. Carriers receiving authority under part 63 of this chapter shall file quarterly or semiannual reports as required therein. § 1.803 Reports relating to reduction in temporary experimental service. As required in part 63 of this chapter , carriers shall report reductions in service which had previously been expanded on an experimental basis for a temporary period. Miscellaneous Reports § 1.814 Reports regarding free service rendered the Government for national defense. Carriers rendering free service in connection with the national defense to any agency of the United States Government shall file reports in accordance with part 2 of this chapter . § 1.815 Reports of annual employment. ( a ) Each common carrier licensee or permittee with 16 or more full time employees shall file with the Commission, on or before May 31 of each year, on FCC Form 395, an annual employment report. ( b ) A copy of every annual employment report filed by the licensee or permittee pursuant to the provisions herein; and copies of all exhibits, letters, and other documents filed as part thereof, all amendments thereto, all correspondence between the permittee or licensee and the Commission pertaining to the reports after they have been filed and all documents incorporated herein by reference are open for public inspection at the offices of the Commission. ( c ) Cross references— ( 1 ) [Reserved] ( 2 ) Applicability of cable television EEO reporting requirements for FSS facilities, see § 25.601 of this chapter . [ 35 FR 12894 , Aug. 14, 1970, as amended at 36 FR 3119 , Feb. 18, 1971; 58 FR 42249 , Aug. 9, 1993; 69 FR 72026 , Dec. 10, 2004] Grants by Random Selection Subpart F—Wireless Radio Services Applications and Proceedings Source: 28 FR 12454 , Nov. 22, 1963, unless otherwise noted. Scope and Authority § 1.901 Basis and purpose. Cross Reference Link to an amendment published at 89 FR 63314 , Aug. 5, 2024. The rules in this subpart are issued pursuant to the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq. The purpose of the rules in this subpart is to establish the requirements and conditions under which entities may be licensed in the Wireless Radio Services as described in this part and in parts 13 , 20 , 22 , 24 , 27 , 30 , 74 , 80 , 87 , 90 , 95 , 96 , 97 , and 101 of this chapter . [ 83 FR 60 , Jan. 2, 2018] § 1.902 Scope. Cross Reference Link to an amendment published at 89 FR 63314 , Aug. 5, 2024. In case of any conflict between the rules set forth in this subpart and the rules set forth in parts 13, 20, 22, 24, 27, 30, 74, 80, 87, 90, 95, 96, 97, and 101 of title 47, chapter I of the Code of Federal Regulations, the rules in this part shall govern. [ 83 FR 60 , Jan. 2, 2018] § 1.903 Authorization required. ( a ) General rule. Stations in the Wireless Radio Services must be used and operated only in accordance with the rules applicable to their particular service as set forth in this title and with a valid authorization granted by the Commission under the provisions of this part, except as specified in paragraph (b) of this section. ( b ) Restrictions. The holding of an authorization does not create any rights beyond the terms, conditions and period specified in the authorization. Authorizations may be granted upon proper application, provided that the Commission finds that the applicant is qualified in regard to citizenship, character, financial, technical and other criteria, and that the public interest, convenience and necessity will be served. See §§ 301, 308, and 309, 310 of this chapter. ( c ) Subscribers. Authority for subscribers to operate mobile or fixed stations in the Wireless Radio Services, except for certain stations in the Rural Radiotelephone Service, is included in the authorization held by the licensee providing service to them. Subscribers are not required to apply for, and the Commission does not accept, applications from subscribers for individual mobile or fixed station authorizations in the Wireless Radio Services. Individual authorizations are required to operate rural subscriber stations in the Rural Radiotelephone Service, except as provided in § 22.703 of this chapter . Individual authorizations are required for end users of certain Specialized Mobile Radio Systems as provided in § 90.655 of this chapter . In addition, certain ships and aircraft are required to be individually licensed under parts 80 and 87 of this chapter . See §§ 80.13 , 87.18 of this chapter . [ 63 FR 68921 , Dec. 14, 1998, as amended at 70 FR 19305 , Apr. 13, 2005] § 1.907 Definitions. Cross Reference Link to an amendment published at 89 FR 63314 , Aug. 5, 2024. Antenna structure. The term antenna structure includes the radiating and receiving elements, its supporting structures, towers, and all appurtenances mounted thereon. Application. A request on a standard form for a station license as defined in § 3(b) of the Communications Act, signed in accordance with § 1.917 of this part , or a similar request to amend a pending application or to modify or renew an authorization. The term also encompasses requests to assign rights granted by the authorization or to transfer control of entities holding authorizations. Auctionable license. A Wireless Radio Service license identified in § 1.2102 of this part for which competitive bidding is used to select from among mutually exclusive applications. Auctionable license application. A Wireless Radio Service license application identified in § 1.2102 of this part for which competitive bidding is used if the application is subject to mutually exclusive applications. Authorization. A written instrument or oral statement issued by the FCC conveying authority to operate, for a specified term, to a station in the Wireless Telecommunications Services. Authorized bandwidth. The maximum bandwidth permitted to be used by a station as specified in the station license. See § 2.202 of this chapter . Authorized power. The maximum power a station is permitted to use. This power is specified by the Commission in the station's authorization or rules. Control station. A fixed station, the transmissions of which are used to control automatically the emissions or operations of a radio station, or a remote base station transmitter. Covered geographic licenses. Covered geographic licenses consist of the following services: 1.4 GHz Service (part 27, subpart I, of this chapter); 1.6 GHz Service (part 27, subpart J); 24 GHz Service and Digital Electronic Message Services (part 101, subpart G, of this chapter); 218-219 MHz Service (part 95, subpart F, of this chapter); 220-222 MHz Service, excluding public safety licenses (part 90, subpart T, of this chapter); 600 MHz Service (part 27, subpart N); 700 MHz Commercial Services (part 27, subparts F and H); 700 MHz Guard Band Service (part 27, subpart G); 800 MHz Specialized Mobile Radio Service (part 90, subpart S); 900 MHz Specialized Mobile Radio Service (part 90, subpart S); 900 MHz Broadband Service (part 27, subpart P); 3.45 GHz Service (part 27, subpart Q); 3.7 GHz Service (part 27, subpart O); Advanced Wireless Services (part 27, subparts K and L); Air-Ground Radiotelephone Service (Commercial Aviation) (part 22, subpart G, of this chapter); Broadband Personal Communications Service (part 24, subpart E, of this chapter); Broadband Radio Service (part 27, subpart M); Cellular Radiotelephone Service (part 22, subpart H); Citizens Broadband Radio Service (part 96, subpart C, of this chapter); Dedicated Short Range Communications Service, excluding public safety licenses (part 90, subpart M); Educational Broadband Service (part 27, subpart M); H Block Service (part 27, subpart K); Local Multipoint Distribution Service (part 101, subpart L); Multichannel Video Distribution and Data Service (part 101, subpart P); Multilateration Location and Monitoring Service (part 90, subpart M); Multiple Address Systems (EAs) (part 101, subpart O); Narrowband Personal Communications Service (part 24, subpart D); Paging and Radiotelephone Service (part 22, subpart E; part 90, subpart P); VHF Public Coast Stations, including Automated Maritime Telecommunications Systems (part 80, subpart J, of this chapter); Upper Microwave Flexible Use Service ( part 30 of this chapter ); and Wireless Communications Service (part 27, subpart D). Covered Site-based Licenses. Covered site-based licenses consist of the following services: 220-222 MHz Service (site-based), excluding public safety licenses ( part 90, subpart T of this chapter ); 800/900 MHz (SMR and Business and Industrial Land Transportation Pool) (part 90, subpart S); Aeronautical Advisory Stations (Unicoms) (part 87, subpart G); Air-Ground Radiotelephone Service (General Aviation) (part 22, subpart G); Alaska-Public Fixed Stations (part 80, subpart O); Broadcast Auxiliary Service (part 74, subparts D, E, F, and H); Common Carrier Fixed Point-to-Point, Microwave Service (part 101, subpart I); Industrial/Business Radio Pool (part 90, subpart C); Local Television Transmission Service (part 101, subpart J); Multiple Address Systems (site-based), excluding public safety licenses (part 101, subpart H); Non-Multilateration Location and Monitoring Service (part 90, subpart M); Offshore Radiotelephone Service (part 22, subpart I); Paging and Radiotelephone Service (site-based) (part 22, subpart E); Private Carrier Paging (part 90, subpart P); Private Operational Fixed Point-to-Point Microwave Service, excluding public safety licenses (part 101, subpart H); Public Coast Stations (site-based) (part 80, subpart J); Radiodetermination Service Stations (Radionavigation Land Stations) (part 87, subpart Q); Radiolocation Service (part 90, subpart F); and Rural Radiotelephone Service (including Basic Exchange Telephone Radio Service) (part 22, subpart F). Effective radiated power (ERP). The product of the power supplied to the antenna multiplied by the gain of the antenna referenced to a half-wave dipole. Equivalent Isotopically Radiated Power (EIRP). The product of the power supplied to the antenna multiplied by the antenna gain referenced to an isotropic antenna. Fixed station. A station operating at a fixed location. Harmful interference. Interference that endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radio communications service operating in accordance with the Radio Regulations. Mobile relay station. A fixed transmitter used to facilitate the transmission of communications between mobile units. Mobile station. A radio communication station capable of being moved and which ordinarily does move. Non-auctionable license. A Wireless Radio Service license identified in § 1.2102 of this part for which competitive bidding is not used to select from among mutually exclusive applications. Non-auctionable license application. A Wireless Radio Service license application for which § 1.2102 of this part precludes the use of competitive bidding if the application is subject to mutually exclusive applications. Private Wireless Services. Wireless Radio Services authorized by parts 80, 87, 90, 95, 96, 97, and 101 that are not Wireless Telecommunications Services, as defined in this part. Radio station. A separate transmitter or a group of transmitters under simultaneous common control, including the accessory equipment required for carrying on a radio communications service. Receipt date. The date an electronic application is received at the appropriate location at the Commission. Spectrum leasing arrangement. An arrangement between a licensed entity and a third-party entity in which the licensee leases certain of its spectrum usage rights to a spectrum lessee, as set forth in subpart X of this part ( 47 CFR 1.9001 et seq. ). Spectrum leasing arrangement is defined in § 1.9003 . Spectrum lessee. Any third party entity that leases, pursuant to the spectrum leasing rules set forth in subpart X of this part ( 47 CFR 1.9001 et seq. ), certain spectrum usage rights held by a licensee. Spectrum lessee is defined in § 1.9003 . Universal Licensing System. The Universal Licensing System (ULS) is the consolidated database, application filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all applications and related documents by applicants and licensees in the Wireless Radio Services, and provides public access to licensing information. Wireless Radio Services. All radio services authorized in parts 13 , 20 , 22 , 24 , 26 , 27 , 30 , 74 , 80 , 87 , 90 , 95 , 96 , 97 and 101 of this chapter , whether commercial or private in nature. Wireless Telecommunications Services. Wireless Radio Services, whether fixed or mobile, that meet the definition of “telecommunications service” as defined by 47 U.S.C. 153 , as amended, and are therefore subject to regulation on a common carrier basis. [ 63 FR 68921 , Dec. 14, 1998, as amended at 73 FR 9018 , Feb. 19, 2008; 78 FR 41321 , July 10, 2013; 80 FR 36218 , June 23, 2015; 81 FR 79930 , Nov. 14, 2016; 82 FR 41544 , Sept. 1, 2017; 83 FR 7401 , Feb. 21, 2018; 83 FR 63095 , Dec. 7, 2018; 84 FR 57363 , Oct. 25, 2019; 85 FR 22861 , Apr. 23, 2020; 85 FR 41929 , July 13, 2020; 85 FR 43129 , July 16, 2020; 86 FR 17942 , Apr. 7, 2021; 88 FR 44736 , July 13, 2023] Application Requirements and Procedures § 1.911 Station files. Applications, notifications, correspondence, electronic filings and other material, and copies of authorizations, comprising technical, legal, and administrative data relating to each station in the Wireless Radio Services are maintained by the Commission in ULS. These files constitute the official records for these stations and supersede any other records, database or lists from the Commission or other sources. [ 63 FR 68922 , Dec. 14, 1998] § 1.913 Application and notification forms; electronic filing. ( a ) Application and notification forms. Applicants, licensees, and spectrum lessees (see § 1.9003 ) shall use the following forms and associated schedules for all applications and notifications: ( 1 ) FCC Form 601, Application for Authorization in the Wireless Radio Services. FCC Form 601 and associated schedules are used to apply for initial authorizations, modifications to existing authorizations, amendments to pending applications, renewals of station authorizations, special temporary authority, notifications, requests for extension of time, and administrative updates. ( 2 ) FCC Form 602, Wireless Radio Services Ownership Form. FCC Form 602 is used by applicants and licensees in auctionable services to provide and update ownership information as required by §§ 1.919 , 1.948 , 1.2112 , and any other section that requires the submission of such information. ( 3 ) FCC Form 603, Application for Assignment of Authorization or Transfer of Control. FCC Form 603 is used by applicants and licensees to apply for Commission consent to assignments of existing authorizations, to apply for Commission consent to transfer control of entities holding authorizations, to notify the Commission of the consummation of assignments or transfers, and to request extensions of time for consummation of assignments or transfers. It is also used for Commission consent to partial assignments of authorization, including partitioning and disaggregation. ( 4 ) FCC Form 605, Quick-form Application for Authorization for Wireless Radio Services. FCC Form 605 is used to apply for Amateur, Ship, Aircraft, and General Mobile Radio Service (GMRS) authorizations, as well as Commercial Radio Operator Licenses. ( 5 ) FCC Form 608, Notification or Application for Spectrum Leasing Arrangement. FCC Form 608 is used by licensees and spectrum lessees ( see § 1.9003 ) to notify the Commission regarding spectrum manager leasing arrangements and to apply for Commission consent for de facto transfer leasing arrangements pursuant to the rules set forth in part 1, subpart X. It is also used to notify the Commission if a licensee or spectrum lessee establishes a private commons ( see § 1.9080 ). ( 6 ) FCC Form 609, Application to Report Eligibility Event. FCC Form 609 is used by licensees to apply for Commission approval of reportable eligibility events, as defined in § 1.2114 . ( b ) Electronic filing. Except as specified in paragraph (d) of this section or elsewhere in this chapter, all applications and other filings using the application and notification forms listed in this section or associated schedules must be filed electronically in accordance with the electronic filing instructions provided by ULS. For each Wireless Radio Service that is subject to mandatory electronic filing, this paragraph is effective on July 1, 1999, or six months after the Commission begins use of ULS to process applications in the service, whichever is later. The Commission will announce by public notice the deployment date of each service in ULS. ( 1 ) Attachments to applications and notifications should be uploaded along with the electronically filed applications and notifications whenever possible. The files, other than the ASCII table of contents, should be in Adobe Acrobat Portable Document Format (PDF) whenever possible. ( 2 ) Any associated documents submitted with an application or notification must be uploaded as attachments to the application or notification whenever possible. The attachment should be uploaded via ULS in Adobe Acrobat Portable Document Format (PDF) whenever possible. ( c ) Auctioned license applications. Auctioned license applications, as defined in § 1.907 of this part , shall also comply with the requirements of subpart Q of this part and the applicable Commission orders and public notices issued with respect to each auction for a particular service and spectrum. ( d ) [Reserved] ( e ) Applications requiring prior coordination. Parties filing applications that require frequency coordination shall, prior to filing, complete all applicable frequency coordination requirements in service-specific rules contained within this chapter. After appropriate frequency coordination, such applications must be electronically filed via ULS. Applications filed by the frequency coordinator on behalf of the applicant must be filed electronically. ( f ) Applications for amateur licenses. Each candidate for an amateur radio operator license which requires the applicant to pass one or more examination elements must present the administering Volunteer Examiners (VE) with all information required by this section prior to the examination. The VEs may collect the information required by this section in any manner of their choosing, including creating their own forms. Upon completion of the examination, the administering VEs will immediately grade the test papers and will then issue a certificate for successful completion of an amateur radio operator examination (CSCE) if the applicant is successful. The VEs will send all necessary information regarding a candidate to the Volunteer-Examiner Coordinator (VEC) coordinating the examination session. Applications filed with the Commission by VECs and all other applications for amateur service licenses must be filed electronically via ULS. Feeable requests for vanity call signs must be filed in accordance with § 0.401 of this chapter or electronically filed via ULS. ( g ) Section 337 Requests. Applications to provide public safety services submitted pursuant to 47 U.S.C. 337 must be filed on the same form and in the same manner as other applications for the requested frequency(ies), except that applicants must select the service code reflective of the type of service the applicant intends to provide. [ 63 FR 68922 , Dec. 14, 1998, as amended at 66 FR 55 , Jan. 2, 2001; 67 FR 34851 , May 16, 2002; 68 FR 42995 , July 21, 2003; 68 FR 66276 , Nov. 25, 2003; 69 FR 77549 , Dec. 27, 2004; 71 FR 26251 , May 4, 2006; 78 FR 23152 , Apr. 18, 2013; 78 FR 25160 , Apr. 29, 2013; 85 FR 85529 , Dec. 29, 2020; 88 FR 44736 , July 13, 2023] Effective Date Note Effective Date Notes: 1. At 69 FR 77549 , Dec. 27, 2004, § 1.913(a)(5) was added. This paragraph contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. 2. At 78 FR 23152 , Apr. 18, 2013, § 1.913(d)(1)(vi) was revised. This paragraph contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 1.915 General application requirements. ( a ) General requirement. Except as provided in paragraph (b) of this section, for all Wireless Radio Services, station licenses, as defined in section 308(a) of the Communications Act, as amended, operator licenses, modifications or renewals of licenses, assignments or transfers of control of station licenses or any rights thereunder, and waiver requests associated with any of the foregoing shall be granted only upon an application filed pursuant to §§ 1.913 through 1.917 of this part . ( b ) ( 1 ) Exception for emergency filings. The Commission may grant station licenses, or modifications or renewals thereof, without the filing of a formal application in the following cases: ( i ) an emergency found by the Commission to involve danger to life or property or to be due to damage to equipment; ( ii ) a national emergency proclaimed by the President or declared by the Congress and during the continuance of any war in which the United States is engaged, when such action is necessary for the national defense or security or otherwise in furtherance of the war effort; or ( iii ) an emergency where the Commission finds that it would not be feasible to secure renewal applications from existing licensees or otherwise to follow normal licensing procedures. ( 2 ) No such authorization shall be granted for or continue in effect beyond the period of the emergency or war requiring it. The procedures to be followed for emergency requests submitted under this subparagraph are the same as for seeking special temporary authority under § 1.931 of this part . After the end of the period of emergency, the party must submit its request by filing the appropriate FCC form in accordance with paragraph (a) of this section. [ 63 FR 68923 , Dec. 14, 1998] § 1.917 Who may sign applications. ( a ) Except as provided in paragraph (b) of this section, applications, amendments, and related statements of fact required by the Commission must be signed as follows (either electronically or manually, see paragraph (d) of this section): ( 1 ) By the applicant, if the applicant is an individual; ( 2 ) by one of the partners if the applicant is a partnership; ( 3 ) by an officer, director, or duly authorized employee, if the applicant is a corporation; ( 4 ) by a member who is an officer, if the applicant is an unincorporated association; or ( 5 ) by the trustee if the applicant is an amateur radio service club. Applications, amendments, and related statements of fact filed on behalf of eligible government entities such as states and territories of the United States, their political subdivisions, the District of Columbia, and units of local government, including unincorporated municipalities, must be signed by a duly elected or appointed official who is authorized to do so under the laws of the applicable jurisdiction. ( b ) Applications, amendments, and related statements of fact required by the Commission may be signed by the applicant's attorney in case of the applicant's physical disability or absence from the United States, or by applicant's designated vessel master when a temporary permit is requested for a vessel. The attorney shall, when applicable, separately set forth the reason why the application is not signed by the applicant. In addition, if any matter is stated on the basis of the attorney's or master's belief only (rather than knowledge), the attorney or master shall separately set forth the reasons for believing that such statements are true. Only the original of applications, amendments, and related statements of fact need be signed. ( c ) Applications, amendments, and related statements of fact need not be signed under oath. Willful false statements made therein, however, are punishable by fine and imprisonment, 18 U.S.C. 1001 , and by appropriate administrative sanctions, including revocation of station license pursuant to 312(a)(1) of the Communications Act of 1934, as amended. ( d ) “Signed,” as used in this section, means, for manually filed applications only, an original hand-written signature or, for electronically filed applications only, an electronic signature. An electronic signature shall consist of the name of the applicant transmitted electronically via ULS or any other electronic filing interface the Commission may designate and entered on the application as a signature. [ 63 FR 68923 , Dec. 14, 1998, as amended at 85 FR 85530 , Dec. 29, 2020] § 1.919 Ownership information. ( a ) Applicants or licensees in Wireless Radio Services that are subject to the ownership reporting requirements of § 1.2112 shall use FCC Form 602 to provide all ownership information required by the chapter. ( b ) Any applicant or licensee that is subject to the reporting requirements of § 1.2112 or § 1.2114 shall file an FCC Form 602, or file an updated form if the ownership information on a previously filed FCC Form 602 is not current, at the time it submits: ( 1 ) An initial application for authorization (FCC Form 601); ( 2 ) An application for license renewal (FCC Form 601); ( 3 ) An application for assignment of authorization or transfer of control (FCC Form 603); or ( 4 ) A notification of consummation of a pro forma assignment of authorization or transfer of control (FCC Form 603) under the Commission's forbearance procedures (see § 1.948(c) of this part ). ( 5 ) An application reporting any reportable eligibility event, as defined in § 1.2114 . ( c ) [Reserved] ( d ) A single FCC Form 602 may be associated with multiple applications filed by the same applicant or licensee. If an applicant or licensee already has a current FCC Form 602 on file when it files an initial application, renewal application, application for assignment or transfer of control, or notification of a pro forma assignment or transfer, it may certify that it has a current FCC Form 602 on file. ( e ) No filing fee is required to submit or update FCC Form 602. ( f ) Applicants or licensees in Wireless Radio Services that are not subject to the ownership reporting requirements of § 1.2112 are not required to file FCC Form 602. However, such applicants and licensees may be required by the rules applicable to such services to disclose the real party (or parties) in interest to the application, including (as required) a complete disclosure of the identity and relationship of those persons or entities directly or indirectly owning or controlling (or both) the applicant or licensee. [ 63 FR 68923 , Dec. 14, 1998, as amended at 68 FR 42995 , July 21, 2003; 69 FR 75170 , Dec. 15, 2004; 71 FR 26251 , May 4, 2006; 79 FR 72150 , Dec. 5, 2014] § 1.923 Content of applications. ( a ) General. Applications must contain all information requested on the applicable form and any additional information required by the rules in this chapter and any rules pertaining to the specific service for which the application is filed. ( b ) Reference to material on file. Questions on application forms that call for specific technical data, or that can be answered yes or no or with another short answer, must be answered on the form. Otherwise, if documents, exhibits, or other lengthy showings already on file with the FCC contain information required in an application, the application may incorporate such information by reference, provided that: ( 1 ) The referenced information has been filed in ULS or, if manually filed outside of ULS, the information comprises more than one “8 1 ⁄ 2 × 11” page. ( 2 ) The referenced information is current and accurate in all material respects; and ( 3 ) The application states specifically where the referenced information can actually be found, including: ( i ) The station call sign or application file number and its location if the reference is to station files or previously filed applications; ( ii ) The title of the proceeding, the docket number, and any legal citations, if the reference is to a docketed proceeding. ( c ) Antenna locations. Applications for stations at fixed locations must describe each transmitting antenna site by its geographical coordinates and also by its street address, or by reference to a nearby landmark. Geographical coordinates, referenced to NAD83, must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude. ( d ) Antenna structure registration. Owners of certain antenna structures must notify the Federal Aviation Administration and register with the Commission as required by part 17 of this chapter . Applications proposing the use of one or more new or existing antenna structures must contain the FCC Antenna Structure Registration Number(s) of each structure for which registration is required. To facilitate frequency coordination or for other purposes, the Bureau shall accept for filing an application that does not contain the FCC Antenna Structure Registration Number so long as; ( 1 ) The antenna structure owner has filed an antenna structure registration application (FCC Form 854); ( 2 ) The antenna structure owner has provided local notice and the Commission has posted notification of the proposed construction on its Web site pursuant to § 17.4(c)(3) and (4) of this chapter ; and ( 3 ) The antenna structure owner has obtained a Determination of No Hazard to Aircraft Navigation from the Federal Aviation Administration. In such instances, the applicant shall provide the FCC Form 854 File Number on its application. Once the antenna structure owner has obtained the Antenna Structure Registration Number, the applicant shall amend its application to provide the Antenna Structure Registration Number, and the Commission shall not grant the application before the Antenna Structure Registration Number has been provided. If registration is not required, the applicant must provide information in its application sufficient for the Commission to verify this fact. ( e ) Environmental concerns. ( 1 ) Environmental processing shall be completed pursuant to the process set forth in § 17.4(c) of this chapter for any facilities that use one or more new or existing antenna structures for which a new or amended registration is required by part 17 of this chapter . Environmental review by the Commission must be completed prior to construction. ( 2 ) For applications that propose any facilities that are not subject to the process set forth in § 17.4(c) of this chapter , the applicant is required to indicate at the time its application is filed whether or not a Commission grant of the application for those facilities may have a significant environmental effect as defined by § 1.1307 . If the applicant answers affirmatively, an Environmental Assessment, required by § 1.1311 must be filed with the application and environmental review by the Commission must be completed prior to construction. ( f ) International coordination. Channel assignments and/or usage under this part are subject to the applicable provisions and requirements of treaties and other international agreements between the United States government and the governments of Canada and Mexico. ( g ) Quiet zones. Each applicant is required to comply with the “Quiet Zone” rule (see § 1.924 ). ( h ) Taxpayer Identification Number (TINs). Wireless applicants and licensees, including all attributable owners of auctionable licenses as defined by § 1.2112 of this part , are required to provide their Taxpayer Identification Numbers (TINS) (as defined in 26 U.S.C. 6109 ) to the Commission, pursuant to the Debt Collection Improvement Act of 1996 (DCIA). Under the DCIA, the FCC may use an applicant or licensee's TIN for purposes of collecting and reporting to the Department of the Treasury any delinquent amounts arising out of such person's relationship with the Government. The Commission will not publicly disclose applicant or licensee TINs unless authorized by law, but will assign a “public identification number” to each applicant or licensee registering a TIN. This public identification number will be used for agency purposes other than debt collection. ( i ) Email address. Unless an exception is set forth elsewhere in this chapter, each applicant must specify an email address where the applicant can receive electronic correspondence. This email address will be used by the Commission to serve documents or direct correspondence to the applicant. Any correspondence sent to the email address currently on file shall be deemed to have been served on the applicant. Each applicant should also provide a United States Postal Service address. [ 63 FR 68924 , Dec. 14, 1998, as amended at 64 FR 53238 , Oct. 1, 1999; 77 FR 3952 , Jan. 26, 2012; 85 FR 85530 , Dec. 29, 2020] § 1.924 Quiet zones. Areas implicated by this paragraph are those in which it is necessary to restrict radiation so as to minimize possible impact on the operations of radio astronomy or other facilities that are highly sensitive to interference. Consent throughout this paragraph means written consent from the quiet zone, radio astronomy, research, and receiving installation entity. The areas involved and procedures required are as follows: ( a ) NRAO, NRRO. The requirements of this paragraph are intended to minimize possible interference at the National Radio Astronomy Observatory site located at Green Bank, Pocahontas County, West Virginia, and at the Naval Radio Research Observatory site at Sugar Grove, Pendleton County, West Virginia. ( 1 ) Applicants and licensees planning to construct and operate a new or modified station at a permanent fixed location within the area bounded by N 39°15′0.4″ on the north, W 78°29′59.0″ on the east, N 37°30′0.4″ on the south, and W 80°29′59.2″ on the west must notify the Director, National Radio Astronomy Observatory, Post Office Box No. 2, Green Bank, West Virginia 24944, in writing, of the technical details of the proposed operation. The notification must include the geographical coordinates of the antenna location, the antenna height, antenna directivity (if any), the channel, the emission type and power. ( 2 ) When an application for authority to operate a station is filed with the FCC, the notification required in paragraph (a)(1) of this section may be made prior to, or simultaneously with the application. The application must state the date that notification in accordance with paragraph (a)(1) of this section was made. After receipt of such applications, the FCC will allow a period of 20 days for comments or objections in response to the notifications indicated. If an applicant submits written consent from the National Radio Astronomy Observatory for itself or on behalf of the Naval Radio Research Observatory, the FCC will process the application without awaiting the conclusion of the 20-day period. For services that do not require individual station authorization, entities that have obtained written consent from the National Radio Astronomy Observatory for itself or on behalf of the Naval Radio Research Observatory may begin to operate new or modified facilities prior to the end of the 20-day period. In instances in which notification has been made to the National Radio Astronomy Observatory prior to application filing, the applicant must also provide notice to the quiet zone entity upon actual filing of the application with the FCC. Such notice will be made simultaneous with the filing of the application and shall comply with the requirements of paragraph (a)(1) of this section. ( 3 ) If an objection is received during the 20-day period from the National Radio Astronomy Observatory for itself or on behalf of the Naval Radio Research Observatory, the FCC will, after consideration of the record, take whatever action is deemed appropriate. ( b ) Table Mountain. The requirements of this paragraph are intended to minimize possible interference at the Table Mountain Radio Receiving Zone of the Research Laboratories of the Department of Commerce located in Boulder County, Colorado. ( 1 ) Licensees and applicants planning to construct and operate a new or modified station at a permanent fixed location in the vicinity of Boulder County, Colorado are advised to give consideration, prior to filing applications, to the need to protect the Table Mountain Radio Receiving Zone from interference. To prevent degradation of the present ambient radio signal level at the site, the Department of Commerce seeks to ensure that the field strengths of any radiated signals (excluding reflected signals) received on this 1800 acre site (in the vicinity of coordinates 40°07′49.9″ North Latitude, 105°14′42.0″ West Longitude) resulting from new assignments (other than mobile stations) or from the modification or relocation of existing facilities do not exceed the values given in the following table: Field Strength Limits for Table Mountain 1 Frequency range Field strength (mV/m) Power flux density (dBW/m 2 ) Below 540 kHz 10 −65.8 540 to 1600 kHz 20 −59.8 1.6 to 470 MHz 10 −65.8 470 to 890 MHz 30 −56.2 890 MHz and above 1 −85.8 1 Note: Equivalent values of power flux density are calculated assuming free space characteristic impedance of 376.7Ω (120πΩ). ( 2 ) Advance consultation is recommended, particularly for applicants that have no reliable data to indicate whether the field strength or power flux density figures in the above table would be exceeded by their proposed radio facilities. In general, coordination is recommended for: ( i ) Stations located within 2.4 kilometers (1.5 miles) of the Table Mountain Radio Receiving Zone; ( ii ) Stations located within 4.8 kilometers (3 miles) transmitting with 50 watts or more effective radiated power (ERP) in the primary plane of polarization in the azimuthal direction of the Table Mountain Radio Receiving Zone; ( iii ) Stations located with 16 kilometers (10 miles) transmitting with 1 kW or more ERP in the primary plane of polarization in the azimuthal direction of Table Mountain Radio Receiving Zone; ( iv ) Stations located within 80 kilometers (50 miles) transmitting with 25 kW or more ERP in the primary plane of polarization in the azimuthal direction of Table Mountain Receiving Zone. ( 3 ) Applicants concerned are urged to communicate with the Radio Frequency Manager, Department of Commerce, 325 Broadway, Boulder, CO 80305; Telephone: 303-497-4619, Fax: 303-497-6982, E-mail: frequencymanager@its.bldrdoc.gov , in advance of filing their applications with the Commission. ( 4 ) The FCC will not screen applications to determine whether advance consultation has taken place. However, such consultation may avoid the filing of objections from the Department of Commerce or institution of proceedings to modify the authorizations of stations that radiate signals with a field strength or power flux density at the site in excess of those specified herein. ( c ) Federal Communications Commission protected field offices. The requirements of this paragraph are intended to minimize possible interference to FCC monitoring activities. ( 1 ) Licensees and applicants planning to construct and operate a new or modified station at a permanent fixed location in the vicinity of an FCC protected field office are advised to give consideration, prior to filing applications, to the need to avoid interfering with the monitoring activities of that office. FCC protected field offices are listed in § 0.121 of this chapter . ( 2 ) Applications for stations (except mobile stations) that could produce on any channel a direct wave fundamental field strength of greater than 10 mV/m (−65.8 dBW/m 2 power flux density assuming a free space characteristic impedance of 120π Ω) in the authorized bandwidth at the protected field office may be examined to determine the potential for interference with monitoring activities. After consideration of the effects of the predicted field strength of the proposed station, including the cumulative effects of the signal from the proposed station with other ambient radio field strength levels at the protected field office, the FCC may add a condition restricting radiation toward the protected field office to the station authorization. ( 3 ) In the event that the calculated field strength exceeds 10 mV/m at the protected field office site, or if there is any question whether field strength levels might exceed that level, advance consultation with the FCC to discuss possible measures to avoid interference to monitoring activities should be considered. Prospective applicants may communicate with: Chief, Enforcement Bureau, Federal Communications Commission, Washington, DC 20554. ( 4 ) Advance consultation is recommended for applicants that have no reliable data to indicate whether the field strength or power flux density figure indicated would be exceeded by their proposed radio facilities. In general, coordination is recommended for: ( i ) Stations located within 2.4 kilometers (1.5 miles) of the protected field office; ( ii ) Stations located within 4.8 kilometers (3 miles) with 50 watts or more average effective radiated power (ERP) in the primary plane of polarization in the azimuthal direction of the protected field offices. ( iii ) Stations located within 16 kilometers (10 miles) with 1 kw or more average ERP in the primary plane of polarization in the azimuthal direction of the protected field office; ( iv ) Stations located within 80 kilometers (50 miles) with 25 kw or more average ERP in the primary plane of polarization in the azimuthal direction of the protected field office; ( v ) Advance coordination for stations transmitting on channels above 1000 MHz is recommended only if the proposed station is in the vicinity of a protected field office designated as a satellite monitoring facility in § 0.121 of this chapter . ( vi ) The FCC will not screen applications to determine whether advance consultation has taken place. However, such consultation may serve to avoid the need for later modification of the authorizations of stations that interfere with monitoring activities at protected field offices. ( d ) Notification to the Arecibo Observatory. The requirements in this section are intended to minimize possible interference at the Arecibo Observatory in Puerto Rico. Licensees must make reasonable efforts to protect the Observatory from interference. Licensees planning to construct and operate a new station at a permanent fixed location on the islands of Puerto Rico, Desecheo, Mona, Vieques or Culebra in services in which individual station licenses are issued by the FCC; planning to construct and operate a new station at a permanent fixed location on these islands that may cause interference to the operations of the Arecibo Observatory in services in which individual station licenses are not issued by the FCC; or planning a modification of any existing station at a permanent fixed location on these islands that would increase the likelihood of causing interference to the operations of the Arecibo Observatory must notify the Interference Office, Arecibo Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612, in writing or electronically (e-mail address: prcz@naic.edu ), of the technical parameters of the planned operation. Carriers may wish to use the interference guidelines provided by Cornell University as guidance in designing facilities to avoid interference to the Observatory. The notification must include identification of the geographical coordinates of the antenna location (NAD-83 datum), the antenna height, antenna directivity (if any), proposed channel and FCC Rule Part, type of emission, and effective isotropic radiated power. ( 1 ) In the Amateur radio service: ( i ) The provisions of paragraph (d) of this section do not apply to repeaters that transmit on the 1.2 cm or shorter wavelength bands; and ( ii ) The coordination provision of paragraph (d) of this section does not apply to repeaters that are located 16 km or more from the Arecibo observatory. ( 2 ) In services in which individual station licenses are issued by the FCC, the notification required in paragraph (d) of this section may be made prior to, or simultaneously with, the filing of the application with the FCC, and at least 20 days in advance of the applicant's planned operation. The application must state the date that notification in accordance with paragraph (d) of this section was made. In services in which individual station licenses are not issued by the FCC, the notification required in paragraph (d) of this section should be sent at least 45 days in advance of the applicant's planned operation. In the latter services, the Interference Office must inform the FCC of a notification by an applicant within 20 days if the Office plans to file comments or objections to the notification. After the FCC receives an application from a service applicant or is informed by the Interference Office of a notification from a service applicant, the FCC will allow the Interference Office a period of 20 days for comments or objections in response to the application or notification. If an applicant submits written consent from the Interference Office, the FCC will process the application without awaiting the conclusion of the 20-day period. For services that do not require individual station authorization, entities that have obtained written consent from the Interference Office may begin to operate new or modified facilities prior to the end of the 20-day period. In instances in which notification has been made to the Interference Office prior to application filing, the applicant must also provide notice to the Interference Office upon actual filing of the application with the FCC. Such notice will be made simultaneous with the filing of the application and shall comply with the requirements of paragraph (d) of this section. ( 3 ) If an objection to any planned service operation is received during the 20-day period from the Interference Office, the FCC will take whatever action is deemed appropriate. ( 4 ) The provisions of paragraph (d) of this section do not apply to operations that transmit on frequencies above 15 GHz. ( e ) 420-450 MHz band. Applicants for pulse-ranging radiolocation systems operating in the 420-450 MHz band along the shoreline of the conterminous United States and Alaska, and for spread spectrum radiolocation systems operating in the 420-435 MHz sub-band within the conterminous United States and Alaska, should not expect to be accommodated if their area of service is within: ( 1 ) Arizona, Florida, or New Mexico; ( 2 ) Those portions of California and Nevada that are south of latitude 37°10′ N.; ( 3 ) That portion of Texas that is west of longitude 104° W.; or ( 4 ) The following circular areas: ( i ) 322 kilometers (km) of 30°30′ N., 86°30′ W. ( ii ) 322 km of 28°21′ N., 80°43′ W. ( iii ) 322 km of 34°09′ N., 119°11′ W. ( iv ) 240 km of 39°08′ N., 121°26′ W. ( v ) 200 km of 31°25′ N., 100°24′ W. ( vi ) 200 km of 32°38′ N., 83°35′ W. ( vii ) 160 km of 64°17′ N., 149°10′ W. ( viii ) 160 km of 48°43′ N., 97°54′ W. ( ix ) 160 km of 41°45′ N., 70°32′ W. ( f ) 17.7-19.7 GHz band. The following exclusion areas and coordination areas are established to minimize or avoid harmful interference to Federal Government earth stations receiving in the 17.7-19.7 GHz band: ( 1 ) No application seeking authority for fixed stations, under parts 74 , 78 , or 101 of this chapter , supporting the operations of Multichannel Video Programming Distributors (MVPD) in the 17.7-17.8 GHz band or to operate in the 17.8-19.7 GHz band for any service will be accepted for filing if the proposed station is located within 20 km (or within 55 km if the modification application is for an outdoor low power operation pursuant to § 101.147(r)(14) of this chapter ) of Denver, CO (39°43′ N., 104°46′ W.) or Washington, DC (38°48′ N., 76°52′ W.). ( 2 ) Any application for a new station license to provide MVPD operations in the 17.7-17.8 GHz band or to operate in the 17.8-19.7 GHz band for any service, or for modification of an existing station license in these bands which would change the frequency, power, emission, modulation, polarization, antenna height or directivity, or location of such a station, must be coordinated with the Federal Government by the Commission before an authorization will be issued, if the station or proposed station is located in whole or in part within any of the following areas: ( i ) Denver, CO area: ( A ) Between latitudes 41°30′ N. and 38°30′ N. and between longitudes 103°10′ W. and 106°30′ W. ( B ) Between latitudes 38°30′ N. and 37°30′ N. and between longitudes 105°00′ W. and 105°50′ W. ( C ) Between latitudes 40°08′ N. and 39°56′ N. and between longitudes 107°00′ W. and 107°15′ W. ( ii ) Washington, DC area: ( A ) Between latitudes 38°40′ N. and 38°10′ N. and between longitudes 78°50′ W. and 79°20′ W. ( B ) Within 178 km of 38°48′ N., 76°52′ W. ( iii ) San Miguel, CA area: ( A ) Between latitudes 34°39′ N. and 34°00′ N. and between longitudes 118°52′ W. and 119°24′ W. ( B ) Within 200 km of 35°44′ N., 120°45′ W. ( iv ) Guam area: Within 100 km of 13°35′ N., 144°51′ E. Note to § 1.924(f) : The coordinates cited in this section are specified in terms of the “North American Datum of 1983 (NAD 83).” ( g ) GOES. The requirements of this paragraph are intended to minimize harmful interference to Geostationary Operational Environmental Satellite earth stations receiving in the band 1670-1675 MHz, which are located at Wallops Island, Virginia; Fairbanks, Alaska; and Greenbelt, Maryland. ( 1 ) Applicants and licensees planning to construct and operate a new or modified station within the area bounded by a circle with a radius of 100 kilometers (62.1 miles) that is centered on 37°56′44″ N, 75°27′37″ W (Wallops Island) or 64°58′22″ N, 147°30′04″ W (Fairbanks) or within the area bounded by a circle with a radius of 65 kilometers (40.4 miles) that is centered on 39°00′02″ N, 76°50′29″ W (Greenbelt) must notify the National Oceanic and Atmospheric Administration (NOAA) of the proposed operation. For this purpose, NOAA maintains the GOES coordination Web page at http://www.osd.noaa.gov/radio/frequency.htm , which provides the technical parameters of the earth stations and the point-of-contact for the notification. The notification shall include the following information: Requested frequency, geographical coordinates of the antenna location, antenna height above mean sea level, antenna directivity, emission type, equivalent isotropically radiated power, antenna make and model, and transmitter make and model. ( 2 ) Protection. ( i ) Wallops Island and Fairbanks. Licensees are required to protect the Wallops Island and Fairbanks sites at all times. ( ii ) Greenbelt. Licensees are required to protect the Greenbelt site only when it is active. Licensees should coordinate appropriate procedures directly with NOAA for receiving notification of times when this site is active. ( 3 ) When an application for authority to operate a station is filed with the FCC, the notification required in paragraph (f)(1) of this section should be sent at the same time. The application must state the date that notification in accordance with paragraph (f)(1) of this section was made. After receipt of such an application, the FCC will allow a period of 20 days for comments or objections in response to the notification. ( 4 ) If an objection is received during the 20-day period from NOAA, the FCC will, after consideration of the record, take whatever action is deemed appropriate. Note to § 1.924 : Unless otherwise noted, all coordinates cited in this section are specified in terms of the North American Datum of 1983 (NAD 83). [ 63 FR 68924 , Dec. 14, 1998, as amended at 67 FR 6182 , Feb. 11, 2002; 67 FR 13224 , Mar. 21, 2002; 67 FR 41852 , June 20, 2002; 67 FR 71111 , Nov. 29, 2002; 69 FR 17957 , Apr. 6, 2004; 70 FR 31372 , June 1, 2005; 71 FR 69046 , Nov. 29, 2006; 73 FR 25420 , May 6, 2008; 75 FR 62932 , Oct. 13, 2010; 80 FR 38823 , July 7, 2015] § 1.925 Waivers. ( a ) Waiver requests generally. The Commission may waive specific requirements of the rules on its own motion or upon request. The fees for such waiver requests are set forth in § 1.1102 of this part . ( b ) Procedure and format for filing waiver requests. ( 1 ) Requests for waiver of rules associated with licenses or applications in the Wireless Radio Services must be filed on FCC Form 601, 603, or 605. ( 2 ) Requests for waiver must contain a complete explanation as to why the waiver is desired. If the information necessary to support a waiver request is already on file, the applicant may cross-reference the specific filing where the information may be found. ( 3 ) The Commission may grant a request for waiver if it is shown that: ( i ) The underlying purpose of the rule(s) would not be served or would be frustrated by application to the instant case, and that a grant of the requested waiver would be in the public interest; or ( ii ) In view of unique or unusual factual circumstances of the instant case, application of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest, or the applicant has no reasonable alternative. ( 4 ) Applicants requiring expedited processing of their request for waiver shall clearly caption their request for waiver with the words “WAIVER—EXPEDITED ACTION REQUESTED.” ( c ) Action on Waiver Requests. ( i ) The Commission, in its discretion, may give public notice of the filing of a waiver request and seek comment from the public or affected parties. ( ii ) Denial of a rule waiver request associated with an application renders that application defective unless it contains an alternative proposal that fully complies with the rules, in which event, the application will be processed using the alternative proposal as if the waiver had not been requested. Applications rendered defective may be dismissed without prejudice. [ 63 FR 68926 , Dec. 14, 1998] § 1.926 Application processing; initial procedures. Applications are assigned file numbers and service codes in order to facilitate processing. Assignment of a file number to an application is for administrative convenience and does not constitute a determination that the application is acceptable for filing. Purpose and service codes appear on the Commission forms. [ 63 FR 68927 , Dec. 14, 1998] § 1.927 Amendment of applications. ( a ) Pending applications may be amended as a matter of right if they have not been designated for hearing or listed in a public notice as accepted for filing for competitive bidding, except as provided in paragraphs (b) through (e) of this section. ( b ) Applicants for an initial license in auctionable services may amend such applications only in accordance with Subpart Q of this part . ( c ) Amendments to non-auction applications that are applied for under Part 101 or that resolve mutual exclusivity may be filed at any time, subject to the requirements of § 1.945 of this part . ( d ) Any amendment to an application for modification must be consistent with, and must not conflict with, any other application for modification regarding that same station. ( e ) Amendments to applications designated for hearing may be allowed by the presiding officer or, when a proceeding is stayed or otherwise pending before the full Commission, may be allowed by the Commission for good cause shown. In such instances, a written petition demonstrating good cause must be submitted and served upon the parties of record. ( f ) Amendments to applications are also subject to the service-specific rules in applicable parts of this chapter. ( g ) Where an amendment to an application specifies a substantial change in beneficial ownership or control ( de jure or de facto ) of an applicant, the applicant must provide an exhibit with the amendment application containing an affirmative, factual showing as set forth in § 1.948(i)(2) . ( h ) Where an amendment to an application constitutes a major change, as defined in § 1.929 , the amendment shall be treated as a new application for determination of filing date, public notice, and petition to deny purposes. ( i ) If a petition to deny or other informal objection has been filed, a copy of any amendment (or other filing) must be served on the petitioner. If the FCC has issued a public notice stating that the application appears to be mutually exclusive with another application (or applications), a copy of any amendment (or other filing) must be served on any such mutually exclusive applicant (or applicants). [ 63 FR 68927 , Dec. 14, 1998, as amended at 64 FR 53238 , Oct. 1, 1999; 70 FR 61058 , Oct. 20, 2005] § 1.928 Frequency coordination, Canada. ( a ) As a result of mutual agreements, the Commission has, since May 1950 had an arrangement with the Canadian Department of Communications for the exchange of frequency assignment information and engineering comments on proposed assignments along the Canada-United States borders in certain bands above 30 MHz. Except as provided in paragraph (b) of this section, this arrangement involves assignments in the following frequency bands. MHz 30.56-32.00 33.00-34.00 35.00-36.00 37.00-38.00 39.00-40.00 42.00-46.00 47.00-49.60 72.00-73.00 75.40-76.00 150.80-174.00 450-470 806.00-960.00 1850.0-2200.0 2450.0-2690.0 3700.0-4200.0 5925.0-7125.0 GHz 10.55-10.68 10.70-13.25 ( b ) The following frequencies are not involved in this arrangement because of the nature of the services: MHz 156.3 156.35 156.4 156.45 156.5 156.55 156.6 156.65 156.7 156.8 156.9 156.95 157.0 and 161.6 157.05 157.1 157.15 157.20 157.25 157.30 157.35 157.40. ( c ) Assignments proposed in accordance with the railroad industry radio frequency allotment plan along the United States-Canada borders utilized by the Federal Communications Commission and the Department of Transport, respectively, may be excepted from this arrangement at the discretion of the referring agency. ( d ) Assignments proposed in any radio service in frequency bands below 470 MHz appropriate to this arrangement, other than those for stations in the Domestic Public (land mobile or fixed) category, may be excepted from this arrangement at the discretion of the referring agency if a base station assignment has been made previously under the terms of this arrangement or prior to its adoption in the same radio service and on the same frequency and in the local area, and provided the basic characteristics of the additional station are sufficiently similar technically to the original assignment to preclude harmful interference to existing stations across the border. ( e ) For bands below 470 MHz, the areas which are involved lie between Lines A and B and between Lines C and D, which are described as follows: Line A—Begins at Aberdeen, Wash., running by great circle arc to the intersection of 48 deg. N., 120 deg. W., thence along parallel 48 deg. N., to the intersection of 95 deg. W., thence by great circle arc through the southernmost point of Duluth, Minn., thence by great circle arc to 45 deg. N., 85 deg. W., thence southward along meridian 85 deg. W., to its intersection with parallel 41 deg. N., thence along parallel 41 deg. N., to its intersection with meridian 82 deg. W., thence by great circle arc through the southernmost point of Bangor, Maine, thence by great circle arc through the southern-most point of Searsport, Maine, at which point it terminates; and Line B—Begins at Tofino, B.C., running by great circle arc to the intersection of 50 deg. N., 125 deg. W., thence along parallel 50 deg. N., to the intersection of 90 deg. W., thence by great circle arc to the intersection of 45 deg. N., 79 deg. 30′ W., thence by great circle arc through the northernmost point of Drummondville, Quebec (lat: 45 deg. 52′ N., long: 72 deg. 30′ W.), thence by great circle arc to 48 deg. 30′ N., 70 deg. W., thence by great circle arc through the northernmost point of Campbellton, N.B., thence by great circle arc through the northernmost point of Liverpool, N.S., at which point it terminates. Line C—Begins at the intersection of 70 deg. N., 144 deg. W., thence by great circle arc to the intersection of 60 deg. N., 143 deg. W., thence by great circle arc so as to include all of the Alaskan Panhandle; and Line D—Begins at the intersection of 70 deg. N., 138 deg. W., thence by great circle arc to the intersection of 61 deg. 20′ N., 139 deg. W., (Burwash Landing), thence by great circle arc to the intersection of 60 deg. 45′ N., 135 deg. W., thence by great circle arc to the intersection of 56 deg. N., 128 deg. W., thence south along 128 deg. meridian to Lat. 55 deg. N., thence by great circle arc to the intersection of 54 deg. N., 130 deg. W., thence by great circle arc to Port Clements, thence to the Pacific Ocean where it ends. ( f ) For all stations using bands between 470 MHz and 1000 MHz; and for any station of a terrestrial service using a band above 1000 MHz, the areas which are involved are as follows: ( 1 ) For a station the antenna of which looks within the 200 deg. sector toward the Canada-United States borders, that area in each country within 35 miles of the borders; ( 2 ) For a station the antenna of which looks within the 160 deg. sector away from the Canada-United States borders, that area in each country within 5 miles of the borders; and ( 3 ) The area in either country within coordination distance as described in Recommendation 1A of the Final Acts of the EARC, Geneva, 1963 of a receiving earth station in the other country which uses the same band. ( g ) Proposed assignments in the space radiocommunication services and proposed assignments to stations in frequency bands allocated coequally to space and terrestrial services above 1 GHz are not treated by these arrangements. Such proposed assignments are subject to the regulatory provisions of the International Radio Regulations. ( h ) Assignments proposed in the frequency band 806-890 MHz shall be in accordance with the Canada-United States agreement, dated April 7, 1982. [ 64 FR 53238 , Oct. 1, 1999] § 1.929 Classification of filings as major or minor. Cross Reference Link to an amendment published at 87 FR 57415 , Sept. 20, 2022. Applications and amendments to applications for stations in the wireless radio services are classified as major or minor (see § 1.947 ). Categories of major and minor filings are listed in § 309 of the Communications Act of 1934. ( a ) For all stations in all Wireless Radio Services, whether licensed geographically or on a site-specific basis, the following actions are classified as major: ( 1 ) Application for initial authorization; ( 2 ) Any substantial change in ownership or control, including requests for partitioning and disaggregation; ( 3 ) Application for renewal of authorization; ( 4 ) Application or amendment requesting authorization for a facility that may have a significant environmental effect as defined in § 1.1307 , unless the facility has been determined not to have a significant environmental effect through the process set forth in § 17.4(c) of this chapter . ( 5 ) Application or amendment requiring frequency coordination pursuant to the Commission's rules or international treaty or agreement; ( 6 ) Application or amendment requesting to add a frequency or frequency block for which the applicant is not currently authorized, excluding removing a frequency. ( b ) In addition to those changes listed in paragraph (a) of this section, the following are major changes in the Cellular Radiotelephone Service: ( 1 ) Application requesting authorization to expand the Cellular Geographic Service Area (CGSA) of an existing Cellular system or, in the case of an amendment, as previously proposed in an application to expand the CGSA; or ( 2 ) Application or amendment requesting that a CGSA boundary or portion of a CGSA boundary be determined using an alternative method. ( 3 ) [Reserved] ( c ) In addition to those changes listed in paragraph (a) in this section, the following are major changes applicable to stations licensed to provide base-to-mobile, mobile-to-base, mobile-to-mobile on a site-specific basis: ( 1 ) In the Paging and Radiotelephone Service, Rural Radiotelephone Service and 800 MHz Specialized Mobile Radio Service (SMR), any change that would increase or expand the applicant's existing composite interference contour. ( 2 ) In the 900 MHz SMR and 220 MHz Service, any change that would increase or expand the applicant's service area as defined in the rule parts governing the particular radio service. ( 3 ) In the Paging and Radiotelephone Service, Rural Radiotelephone Service, Offshore Radiotelephone Service, and Specialized Mobile Radio Service: ( i ) Request an authorization or an amendment to a pending application that would establish for the filer a new fixed transmission path; ( ii ) Request an authorization or an amendment to a pending application for a fixed station ( i.e. , control, repeater, central office, rural subscriber, or inter-office station) that would increase the effective radiated power, antenna height above average terrain in any azimuth, or relocate an existing transmitter; ( 4 ) In the Private Land Mobile Radio Services (PLMRS), the remote pickup broadcast auxiliary service, and GMRS systems licensed to non-individuals; ( i ) Change in frequency or modification of channel pairs, except the deletion of one or more frequencies from an authorization; ( ii ) Change in the type of emission; ( iii ) Change in effective radiated power from that authorized or, for GMRS systems licensed to non-individuals, an increase in the transmitter power of a station; ( iv ) Change in antenna height from that authorized; ( v ) Change in the authorized location or number of base stations, fixed, control, except for deletions of one or more such stations or, for systems operating on non-exclusive assignments in GMRS or the 470-512 MHz, 800 MHz or 900 MHz bands, a change in the number of mobile transmitters, or a change in the area of mobile transmitters, or a change in the area of mobile operations from that authorized; ( vi ) Change in the class of a land station, including changing from multiple licensed to cooperative use, and from shared to unshared use. ( d ) In the microwave, aural broadcast auxiliary, and television broadcast auxiliary services: ( 1 ) Except as specified in paragraph (d)(2) and (d)(3) of this section, the following, in addition to those filings listed in paragraph (a) of this section, are major actions that apply to stations licensed to provide fixed point-to-point, point-to-multipoint, or multipoint-to-point, communications on a site-specific basis, or fixed or mobile communications on an area-specific basis under part 101 of this chapter : ( i ) Any change in transmit antenna location by more than 5 seconds in latitude or longitude for fixed point-to-point facilities (e.g., a 5 second change in latitude, longitude, or both would be minor); any change in coordinates of the center of operation or increase in radius of a circular area of operation, or any expansion in any direction in the latitude or longitude limits of a rectangular area of operation, or any change in any other kind of area operation; ( ii ) Any increase in frequency tolerance; ( iii ) Any increase in bandwidth; ( iv ) Any change in emission type; ( v ) Any increase in EIRP greater than 3 dB; ( vi ) Any increase in transmit antenna height (above mean sea level) more than 3 meters, except as specified in paragraph (d)(3) of this section; ( vii ) Any increase in transmit antenna beamwidth, except as specified in paragraph (d)(3) of this section; ( viii ) Any change in transmit antenna polarization; ( ix ) Any change in transmit antenna azimuth greater than 1 degree, except as specified in paragraph (d)(3) of this section ; or, ( x ) Any change which together with all minor modifications or amendments since the last major modification or amendment produces a cumulative effect exceeding any of the above major criteria. ( 2 ) Changes to transmit antenna location of Multiple Address System (MAS) Remote Units and Digital Electronic Message Service (DEMS) User Units are not major. ( 3 ) Changes in accordance with paragraphs (d)(1)(vi) , (d)(1)(vii) and (d)(1)(ix) of this section are not major for the following: ( i ) Fixed Two-Way MAS on the remote to master path, ( ii ) Fixed One-Way Inbound MAS on the remote to master path, ( iii ) Multiple Two-Way MAS on the remote to master and master to remote paths, ( iv ) Multiple One-Way Outbound MAS on the master to remote path, ( v ) Mobile MAS Master, ( vi ) Fixed Two-Way DEMS on the user to nodal path, and ( vii ) Multiple Two-Way DEMS on the nodal to user and user to nodal paths. Note to paragraph ( d )(3) of § 1.929 : For the systems and path types described in paragraph (d)(3) of this section, the data provided by applicants is either a typical value for a certain parameter or a fixed value given in the Form instructions. ( e ) In addition to those filings listed in paragraph (a) of this section, the following are major actions that apply to stations licensed to provide service in the Air-ground Radiotelephone Service: ( 1 ) Request an authorization to relocate an existing General Aviation ground station; or, ( 2 ) Request the first authorization for a new Commercial Aviation ground station at a location other than those listed in § 22.859 of this chapter . ( f ) In addition to those changes listed in paragraph (a), the following are major changes that apply to stations licensed in the industrial radiopositioning stations for which frequencies are assigned on an exclusive basis, Maritime and Aviation services, except Maritime Public Coast VHF (CMRS), Ship and Aircraft stations: ( 1 ) Any change in antenna azimuth; ( 2 ) Any change in beamwidth; ( 3 ) Any change in antenna location; ( 4 ) Any change in emission type; ( 5 ) Any increase in antenna height; ( 6 ) Any increase in authorized power; ( 7 ) Any increase in emission bandwidth. ( g ) In addition to those changes listed in paragraph (a), any change requiring international coordination in the Maritime Public Coast VHF (CMRS) Service is major. ( h ) In addition to those changes listed in paragraph (a) of this section, the following are major changes that apply to ship stations: ( 1 ) Any request for additional equipment; ( 2 ) A change in ship category; ( 3 ) A request for assignment of a Maritime Mobile Service Identity (MMSI) number; or ( 4 ) A request to increase the number of ships on an existing fleet license. ( i ) In addition to those changes listed in paragraph (a) of this section, the following are major changes that apply to aircraft stations: ( 1 ) A request to increase the number of aircraft on an existing fleet license; or ( 2 ) A request to change the type of aircraft (private or air carrier). ( j ) In addition to those changes listed in paragraph (a) of this section, the following are major changes that apply to amateur licenses: ( 1 ) An upgrade of an existing license; or ( 2 ) A change of call sign. ( k ) Any change not specifically listed above as major is considered minor ( see § 1.947(b) . This includes but is not limited to: ( 1 ) Any pro forma assignment or transfer of control; ( 2 ) Any name change not involving change in ownership or control of the license; ( 3 ) Any email or physical mailing address and/or telephone number changes; ( 4 ) Any changes in contact person; ( 5 ) Any change to vessel name on a ship station license; ( 6 ) Any change to a site-specific license, except a PLMRS license under part 90, or a license under part 101, where the licensee's interference contours are not extended and co-channel separation criteria are met, except those modifications defined in paragraph (c)(2) of this section; or ( 7 ) Any conversion of multiple site-specific licenses into a single wide-area license, except a PLMRS license under part 90 or a license under part 101 of this chapter , where there is no change in the licensee's composite interference contour or service area as defined in paragraph (c)(2) of this section. [ 63 FR 68927 , Dec. 14, 1998, as amended at 64 FR 53239 , Oct. 1, 1999; 68 FR 12755 , Mar. 17, 2003; 70 FR 19306 , Apr. 13, 2005; 70 FR 61058 , Oct. 20, 2005; 76 FR 70909 , Nov. 16, 2011; 77 FR 3952 , Jan. 26, 2012; 79 FR 72150 , Dec. 5, 2014; 85 FR 85530 , Dec. 29, 2020] § 1.931 Application for special temporary authority. ( a ) Wireless Telecommunications Services. ( 1 ) In circumstances requiring immediate or temporary use of station in the Wireless Telecommunications Services, carriers may request special temporary authority (STA) to operate new or modified equipment. Such requests must be filed electronically using FCC Form 601 and must contain complete details about the proposed operation and the circumstances that fully justify and necessitate the grant of STA. Such requests should be filed in time to be received by the Commission at least 10 days prior to the date of proposed operation or, where an extension is sought, 10 days prior to the expiration date of the existing STA. Requests received less than 10 days prior to the desired date of operation may be given expedited consideration only if compelling reasons are given for the delay in submitting the request. Otherwise, such late-filed requests are considered in turn, but action might not be taken prior to the desired date of operation. Requests for STA for operation of a station used in a Contraband Interdiction System, as defined in § 1.9003 , will be afforded expedited consideration if filed at least one day prior to the desired date of operation. Requests for STA must be accompanied by the proper filing fee. ( 2 ) Grant without Public Notice. STA may be granted without being listed in a Public Notice, or prior to 30 days after such listing, if: ( i ) The STA is to be valid for 30 days or less and the applicant does not plan to file an application for regular authorization of the subject operation; ( ii ) The STA is to be valid for 60 days or less, pending the filing of an application for regular authorization of the subject operation; ( iii ) The STA is to allow interim operation to facilitate completion of authorized construction or to provide substantially the same service as previously authorized; ( iv ) The STA is made upon a finding that there are extraordinary circumstances requiring operation in the public interest and that delay in the institution of such service would seriously prejudice the public interest; or ( v ) The STA is for operation of a station used in a Contraband Interdiction System, as defined in § 1.9003 . ( 3 ) Limit on STA term. The Commission may grant STA for a period not to exceed 180 days under the provisions of section 309(f) of the Communications Act of 1934, as amended, ( 47 U.S.C. 309(f) ) if extraordinary circumstances so require, and pending the filing of an application for regular operation. The Commission may grant extensions of STA for a period of 180 days, but the applicant must show that extraordinary circumstances warrant such an extension. ( b ) Private Wireless Services. ( 1 ) A licensee of, or an applicant for, a station in the Private Wireless Services may request STA not to exceed 180 days for operation of a new station or operation of a licensed station in a manner which is beyond the scope of that authorized by the existing license. See §§ 1.933(d)(6) and 1.939 . Where the applicant, seeking a waiver of the 180 day limit, requests STA to operate as a private mobile radio service provider for a period exceeding 180 days, evidence of frequency coordination is required. Requests for shorter periods do not require coordination and, if granted, will be authorized on a secondary, non-interference basis. ( 2 ) STA may be granted in the following circumstances: ( i ) In emergency situations; ( ii ) To permit restoration or relocation of existing facilities to continue communication service; ( iii ) To conduct tests to determine necessary data for the preparation of an application for regular authorization; ( iv ) For a temporary, non-recurring service where a regular authorization is not appropriate; ( v ) In other situations involving circumstances which are of such extraordinary nature that delay in the institution of temporary operation would seriously prejudice the public interest. ( 3 ) The nature of the circumstance which, in the opinion of the applicant justifies issuance of STA, must be fully described in the request. Applications for STA must be filed at least 10 days prior to the proposed operation. Applications filed less than 10 days prior to the proposed operation date will be accepted only upon a showing of good cause. ( 4 ) The Commission may grant extensions of STA for a period of 180 days, but the applicant must show that extraordinary circumstances warrant such an extension. ( 5 ) In special situations defined in § 1.915(b)(1) , a request for STA may be made by telephone or telegraph provided a properly signed application is filed within 10 days of such request. ( 6 ) An applicant for an Aircraft Radio Station License may operate the radio station pending issuance of an Aircraft Radio Station License by the Commission for a period of 90 days under temporary operating authority, evidenced by a properly executed certification made on FCC Form 605. ( 7 ) Unless the Commission otherwise prescribes, a person who has been granted an operator license of Novice, Technician, Technician Plus, General, or Advanced class and who has properly submitted to the administering VEs an application document for an operator license of a higher class, and who holds a CSCE indicating that he/she has completed the necessary examinations within the previous 365 days, is authorized to exercise the rights and privileges of the higher operator class until final disposition of the application or until 365 days following the passing of the examination, whichever comes first. ( 8 ) An applicant for a Ship Radio station license may operate the radio station pending issuance of the ship station authorization by the Commission for a period of 90 days, under a temporary operating authority, evidenced by a properly executed certification made on FCC Form 605. ( 9 ) An applicant for a station license in the Industrial/Business pool (other than an applicant who seeks to provide commercial mobile radio service as defined in Part 20 of this chapter ) utilizing an already authorized facility may operate the station for a period of 180 days, under a temporary permit, evidenced by a properly executed certification made on FCC Form 601, after filing an application for a station license together with evidence of frequency coordination, if required, with the Commission. The temporary operation of stations, other than mobile stations, within the Canadian coordination zone will be limited to stations with a maximum of 5 watts effective radiated power and a maximum antenna height of 20 feet (6.1 meters) above average terrain. ( 10 ) An applicant for a radio station license under Part 90, Subpart S, of this chapter (other than an applicant who seeks to provide commercial mobile radio service as defined in part 20 of this chapter ) to utilize an already existing Specialized Mobile Radio System (SMR) facility or to utilize an already licensed transmitter may operate the radio station for a period of up to 180 days, under a temporary permit. Such request must be evidenced by a properly executed certification of FCC Form 601 after the filing of an application for station license, provided that the antenna employed by the control station is a maximum of 20 feet (6.1 meters) above a man-made structure (other than an antenna tower) to which it is affixed. ( 11 ) An applicant for an itinerant station license, an applicant for a new private land mobile radio station license in the frequency bands below 470 MHz or in the 769-775/799-805 MHz, the 806-824/851-866 MHz band, or the one-way paging 929-930 MHz band (other than a commercial mobile radio service applicant or licensee on these bands) or an applicant seeking to modify or acquire through assignment or transfer an existing station below 470 MHz or in the 769-775/799-805 MHz, the 806-824/851-866 MHz band, or the one-way paging 929-930 MHz band may operate the proposed station during the pendency of its application for a period of up to 180 days under a conditional permit. Conditional operations may commence upon the filing of a properly completed application that complies with § 90.127 if the application, when frequency coordination is required, is accompanied by evidence of frequency coordination in accordance with § 90.175 of this chapter . Operation under such a permit is evidenced by the properly executed Form 601 with certifications that satisfy the requirements of § 90.159(b) . ( 12 ) An applicant for a General Mobile Radio Service system license, sharing a multiple-licensed or cooperative shared base station used as a mobile relay station, may operate the system for a period of 180 days, under a Temporary Permit, evidenced by a properly executed certification made on FCC Form 605. [ 63 FR 68928 , Dec. 14, 1998, as amended at 76 FR 70909 , Nov. 16, 2011; 82 FR 22759 , May 18, 2017; 83 FR 61089 , Nov. 27, 2018] § 1.933 Public notices. ( a ) Generally. Periodically, the Commission issues Public Notices in the Wireless Radio Services listing information of public significance. Categories of Public Notice listings are as follows: ( 1 ) Accepted for filing. Acceptance for filing of applications and major amendments thereto. ( 2 ) Actions. Commission actions on pending applications previously listed as accepted for filing. ( 3 ) Environmental considerations. Special environmental considerations as required by Part 1 of this chapter . ( 4 ) Informative listings. Information that the Commission, in its discretion, believes to be of public significance. Such listings do not create any rights to file petitions to deny or other pleadings. ( b ) Accepted for filing public notices. The Commission will issue at regular intervals public notices listing applications that have been received by the Commission in a condition acceptable for filing, or which have been returned to an applicant for correction. Any application that has been listed in a public notice as acceptable for filing and is ( 1 ) subject to a major amendment, or ( 2 ) has been returned as defective or incomplete and resubmitted to the Commission, shall be listed in a subsequent public notice. Acceptance for filing shall not preclude the subsequent dismissal of an application as defective. ( c ) Public notice prior to grant. Applications for authorizations, major modifications, major amendments to applications, and substantial assignment or transfer applications for the following categories of stations and services shall be placed on Public Notice as accepted for filing prior to grant: ( 1 ) Wireless Telecommunications Services. ( 2 ) Industrial radiopositioning stations for which frequencies are assigned on an exclusive basis. ( 3 ) Aeronautical enroute stations. ( 4 ) Aeronautical advisory stations. ( 5 ) Airport control tower stations. ( 6 ) Aeronautical fixed stations. ( 7 ) Alaska public fixed stations. ( 8 ) Broadband Radio Service; and ( 9 ) Educational Broadband Service. ( d ) No public notice prior to grant. The following types of applications, notices, and other filings need not be placed on Public Notice as accepted for filing prior to grant: ( 1 ) Applications or notifications concerning minor modifications to authorizations or minor amendments to applications. ( 2 ) Applications or notifications concerning non-substantial ( pro forma ) assignments and transfers. ( 3 ) Consent to an involuntary assignment or transfer under section 310(b) of the Communications Act. ( 4 ) Applications for licenses under section 319(c) of the Communications Act. ( 5 ) Requests for extensions of time to complete construction of authorized facilities. ( 6 ) Requests for special temporary authorization not to exceed 30 days where the applicant does not contemplate the filing of an application for regular operation, or not to exceed 60 days pending or after the filing of an application for regular operation. ( 7 ) Requests for emergency authorizations under section 308(a) of the Communications Act. ( 8 ) Any application for temporary authorization under section 101.31(a) of this chapter . ( 9 ) Any application for authorization in the Private Wireless Services. [ 63 FR 68929 , Dec. 14, 1998, as amended at 69 FR 72026 , Dec. 10, 2004] § 1.934 Defective applications and dismissal. ( a ) Dismissal of applications. The Commission may dismiss any application in the Wireless Radio Services at the request of the applicant; if the application is mutually exclusive with another application that is selected or granted in accordance with the rules in this part; for failure to prosecute or if the application is found to be defective; if the requested spectrum is not available; or if the application is untimely filed. Such dismissal may be “without prejudice,” meaning that the Commission may accept from the applicant another application for the same purpose at a later time, provided that the application is otherwise timely. Dismissal “with prejudice” means that the Commission will not accept another application from the applicant for the same purpose for a period of one year. Unless otherwise provided in this part, a dismissed application will not be returned to the applicant. ( 1 ) Dismissal at request of applicant. Any applicant may request that its application be withdrawn or dismissed. A request for the withdrawal of an application after it has been listed on Public Notice as tentatively accepted for filing is considered to be a request for dismissal of that application without prejudice. ( i ) If the applicant requests dismissal of its application with prejudice, the Commission will dismiss that application with prejudice. ( ii ) If the applicant requests dismissal of its application without prejudice, the Commission will dismiss that application without prejudice, unless it is an application for which the applicant submitted the winning bid in a competitive bidding process. ( 2 ) If an applicant who is a winning bidder for a license in a competitive bidding process requests dismissal of its short-form or long-form application, the Commission will dismiss that application with prejudice. The applicant will also be subject to default payments under Subpart Q of this part . ( b ) Dismissal of mutually exclusive applications not granted. The Commission may dismiss mutually exclusive applications for which the applicant did not submit the winning bid in a competitive bidding process. ( c ) Dismissal for failure to prosecute. The Commission may dismiss applications for failure of the applicant to prosecute or for failure of the applicant to respond substantially within a specified time period to official correspondence or requests for additional information. Such dismissal may be with prejudice in cases of non-compliance with § 1.945 . The Commission may dismiss applications with prejudice for failure of the applicant to comply with requirements related to a competitive bidding process. ( d ) Dismissal as defective. The Commission may dismiss without prejudice an application that it finds to be defective. An application is defective if: ( 1 ) It is unsigned or incomplete with respect to required answers to questions, informational showings, or other matters of a formal character; ( 2 ) It requests an authorization that would not comply with one or more of the Commission's rules and does not contain a request for waiver of these rule(s), or in the event the Commission denies such a waiver request, does not contain an alternative proposal that fully complies with the rules; ( 3 ) The appropriate filing fee has not been paid; or ( 4 ) The FCC Registration Number (FRN) has not been provided. ( 5 ) It requests a vanity call sign and the applicant has pending another vanity call sign application with the same receipt date. ( e ) Dismissal because spectrum not available. The Commission may dismiss applications that request spectrum which is unavailable because: ( 1 ) It is not allocated for assignment in the specific service requested; ( 2 ) It was previously assigned to another licensee on an exclusive basis or cannot be assigned to the applicant without causing harmful interference; or ( 3 ) Reasonable efforts have been made to coordinate the proposed facility with foreign administrations under applicable international agreements, and an unfavorable response (harmful interference anticipated) has been received. ( f ) Dismissal as untimely. The Commission may dismiss without prejudice applications that are premature or late filed, including applications filed prior to the opening date or after the closing date of a filing window, or after the cut-off date for a mutually exclusive application filing group. ( g ) Dismissal for failure to pursue environmental review. The Commission may dismiss license applications (FCC Form 601) associated with proposed antenna structure(s) subject to § 17.4(c) of this chapter , if pending more than 60 days and awaiting submission of an Environmental Assessment or other environmental information from the applicant, unless the applicant has provided an affirmative statement reflecting active pursuit during the previous 60 days of environmental review for the proposed antenna structure(s). To avoid potential dismissal of its license application, the license applicant must provide updates every 60 days unless or until the applicant has submitted the material requested by the Bureau. [ 63 FR 68930 , Dec. 14, 1998, as amended at 66 FR 47895 , Sept. 14, 2001; 71 FR 66461 , Nov. 15, 2006; 77 FR 3952 , Jan. 26, 2012; 82 FR 41545 , Sept. 1, 2017] § 1.935 Agreements to dismiss applications, amendments or pleadings. Parties that have filed applications that are mutually exclusive with one or more other applications, and then enter into an agreement to resolve the mutual exclusivity by withdrawing or requesting dismissal of the application(s), specific frequencies on the application or an amendment thereto, must obtain the approval of the Commission. Parties that have filed or threatened to file a petition to deny, informal objection or other pleading against an application and then seek to withdraw or request dismissal of, or refrain from filing, the petition, either unilaterally or in exchange for a financial consideration, must obtain the approval of the Commission. ( a ) The party withdrawing or requesting dismissal of its application (or specific frequencies on the application), petition to deny, informal objection or other pleading or refraining from filing a pleading must submit to the Commission a request for approval of the withdrawal or dismissal, a copy of any written agreement related to the withdrawal or dismissal, and an affidavit setting forth: ( 1 ) A certification that neither the party nor its principals has received or will receive any money or other consideration in excess of the legitimate and prudent expenses incurred in preparing and prosecuting the application, petition to deny, informal objection or other pleading in exchange for the withdrawal or dismissal of the application, petition to deny, informal objection or other pleading, or threat to file a pleading, except that this provision does not apply to dismissal or withdrawal of applications pursuant to bona fide merger agreements; ( 2 ) The exact nature and amount of any consideration received or promised; ( 3 ) An itemized accounting of the expenses for which it seeks reimbursement; and ( 4 ) The terms of any oral agreement related to the withdrawal or dismissal of the application, petition to deny, informal objection or other pleading, or threat to file a pleading. ( b ) In addition, within 5 days of the filing date of the applicant's or petitioner's request for approval, each remaining party to any written or oral agreement must submit an affidavit setting forth: ( 1 ) A certification that neither the applicant nor its principals has paid or will pay money or other consideration in excess of the legitimate and prudent expenses of the petitioner in exchange for withdrawing or dismissing the application, petition to deny, informal objection or other pleading; and ( 2 ) The terms of any oral agreement relating to the withdrawal or dismissal of the application, petition to deny, informal objection or other pleading. ( c ) No person shall make or receive any payments in exchange for withdrawing a threat to file or refraining from filing a petition to deny, informal objection, or any other pleading against an application. For the purposes of this section, reimbursement by an applicant of the legitimate and prudent expenses of a potential petitioner or objector, incurred reasonably and directly in preparing to file a petition to deny, will not be considered to be payment for refraining from filing a petition to deny or an informal objection. Payments made directly to a potential petitioner or objector, or a person related to a potential petitioner or objector, to implement non-financial promises are prohibited unless specifically approved by the Commission. ( d ) For the purposes of this section: ( 1 ) Affidavits filed pursuant to this section must be executed by the filing party, if an individual; a partner having personal knowledge of the facts, if a partnership; or an officer having personal knowledge of the facts, if a corporation or association. ( 2 ) Each application, petition to deny, informal objection or other pleading is deemed to be pending before the Commission from the time the petition to deny is filed with the Commission until such time as an order or correspondence of the Commission granting, denying or dismissing it is no longer subject to reconsideration by the Commission or to review by any court. ( 3 ) “Legitimate and prudent expenses” are those expenses reasonably incurred by a party in preparing to file, filing, prosecuting and/or settling its application, petition to deny, informal objection or other pleading for which reimbursement is sought. ( 4 ) “Other consideration” consists of financial concessions, including, but not limited to, the transfer of assets or the provision of tangible pecuniary benefit, as well as non-financial concessions that confer any type of benefit on the recipient. ( e ) Notwithstanding the provisions of this section, any payments made or received in exchange for withdrawing a short-form application for a Commission authorization awarded through competitive bidding shall be subject to the restrictions set forth in § 1.2105(c) of this chapter . [ 63 FR 68931 , Dec. 14, 1998] § 1.937 Repetitious or conflicting applications. ( a ) Where the Commission has, for any reason, dismissed with prejudice or denied any license application in the Wireless Radio Services, or revoked any such license, the Commission will not consider a like or new application involving service of the same kind to substantially the same area by substantially the same applicant, its successor or assignee, or on behalf of or for the benefit of the original parties in interest, until after the lapse of 12 months from the effective date of final Commission action. ( b ) [Reserved] ( c ) If an appeal has been taken from the action of the Commission dismissing with prejudice or denying any application in the Wireless Radio Services, or if the application is subsequently designated for hearing, a like application for service of the same type to the same area, in whole or in part, filed by that applicant or by its successor or assignee, or on behalf or for the benefit of the parties in interest to the original application, will not be considered until the final disposition of such appeal. ( d ) While an application is pending, any subsequent inconsistent or conflicting application submitted by, on behalf of, or for the benefit of the same applicant, its successor or assignee will not be accepted for filing. [ 63 FR 68931 , Dec. 14, 1998, as amended at 68 FR 25842 , May 14, 2003] § 1.939 Petitions to deny. ( a ) Who may file. Any party in interest may file with the Commission a petition to deny any application listed in a Public Notice as accepted for filing, whether as filed originally or upon major amendment as defined in § 1.929 of this part . ( 1 ) For auctionable license applications, petitions to deny and related pleadings are governed by the procedures set forth in § 1.2108 of this part . ( 2 ) Petitions to deny for non-auctionable applications that are subject to petitions under § 309(d) of the Communications Act must comply with the provisions of this section and must be filed no later than 30 days after the date of the Public Notice listing the application or major amendment to the application as accepted for filing. ( b ) Filing of petitions. Petitions to deny and related pleadings must be filed electronically via ULS. Petitions to deny and related pleadings must reference the file number of the pending application that is the subject of the petition. ( c ) Service. A petitioner shall serve a copy of its petition to deny on the applicant and on all other interested parties pursuant to § 1.47 . Oppositions and replies shall be served on the petitioner and all other interested parties. ( d ) Content. A petition to deny must contain specific allegations of fact sufficient to make a prima facie showing that the petitioner is a party in interest and that a grant of the application would be inconsistent with the public interest, convenience and necessity. Such allegations of fact, except for those of which official notice may be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof. ( e ) Petitions to deny amended applications. Petitions to deny a major amendment to an application may raise only matters directly related to the major amendment that could not have been raised in connection with the application as originally filed. This paragraph does not apply to petitioners who gain standing because of the major amendment. ( f ) Oppositions and replies. The applicant and any other interested party may file an opposition to any petition to deny and the petitioner may file a reply thereto in which allegations of fact or denials thereof, except for those of which official notice may be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof. Time for filing of oppositions and replies is governed by § 1.45 of this part for non-auctionable services and § 1.2108 of this part for auctionable services. ( g ) Dismissal of petition. The Commission may dismiss any petition to deny that does not comply with the requirements of this section if the issues raised become moot, or if the petitioner or his/her attorney fails to appear at a settlement conference pursuant to § 1.956 of this part . The reasons for the dismissal will be stated in the dismissal letter or order. When a petition to deny is dismissed, any related responsive pleadings are also dismissed ( h ) Grant of petitioned application. If a petition to deny has been filed and the Commission grants the application, the Commission will dismiss or deny the petition by issuing a concise statement of the reason(s) for dismissing or denying the petition, disposing of all substantive issues raised in the petition. [ 63 FR 68931 , Dec. 14, 1998, as amended at 64 FR 53240 , Oct. 1, 1999; 70 FR 61058 , Oct. 20, 2005; 71 FR 15619 , Mar. 29, 2006; 74 FR 68544 , Dec. 28, 2009; 85 FR 64405 , Oct. 13, 2020; 85 FR 85530 , Dec. 29, 2020] § 1.945 License grants. ( a ) License grants—auctionable license applications. Procedures for grant of licenses that are subject to competitive bidding under section 309(j) of the Communications Act are set forth in §§ 1.2108 and 1.2109 of this part . ( b ) License grants—non-auctionable license applications. No application that is not subject to competitive bidding under § 309(j) of the Communications Act will be granted by the Commission prior to the 31st day following the issuance of a Public Notice of the acceptance for filing of such application or of any substantial amendment thereof, unless the application is not subject to § 309(b) of the Communications Act. ( c ) Grant without hearing. In the case of both auctionable license applications and non-mutually exclusive non-auctionable license applications, the Commission will grant the application without a hearing if it is proper upon its face and if the Commission finds from an examination of such application and supporting data, any pleading filed, or other matters which it may officially notice, that: ( 1 ) There are no substantial and material questions of fact; ( 2 ) The applicant is legally, technically, financially, and otherwise qualified; ( 3 ) A grant of the application would not involve modification, revocation, or non-renewal of any other existing license; ( 4 ) A grant of the application would not preclude the grant of any mutually exclusive application; and ( 5 ) A grant of the application would serve the public interest, convenience, and necessity. ( d ) Grant of petitioned applications. The FCC may grant, without a formal hearing, an application against which petition(s) to deny have been filed. If any petition(s) to deny are pending ( i.e. , have not been dismissed or withdrawn by the petitioner) when an application is granted, the FCC will deny the petition(s) and issue a concise statement of the reason(s) for the denial, disposing of all substantive issues raised in the petitions. ( e ) Partial and conditional grants. The FCC may grant applications in part, and/or subject to conditions other than those normally applied to authorizations of the same type. When the FCC does this, it will inform the applicant of the reasons therefor. Such partial or conditional grants are final unless the FCC revises its action in response to a petition for reconsideration. Such petitions for reconsideration must be filed by the applicant within thirty days after the date of the letter or order stating the reasons for the partial or conditional grant, and must reject the partial or conditional grant and return the instrument of authorization. ( f ) Designation for hearing. If the Commission is unable to make the findings prescribed in subparagraph (c), it will formally designate the application for hearing on the grounds or reasons then obtaining and will notify the applicant and all other known parties in interest of such action. ( 1 ) Orders designating applications for hearing will specify with particularity the matters in issue. ( 2 ) Parties in interest, if any, who are not notified by the Commission of its action in designating a particular application for hearing may acquire the status of a party to the proceeding by filing a petition for intervention showing the basis of their interest not more than 30 days after publication in the Federal Register of the hearing issues or any substantial amendment thereto. ( 3 ) The applicant and all other parties in interest shall be permitted to participate in any hearing subsequently held upon such applications. Hearings may be conducted by the Commission or by the Chief of the Wireless Telecommunications Bureau, or, in the case of a question which requires oral testimony for its resolution, an Administrative Law Judge. The burden of proceeding with the introduction of evidence and burden of proof shall be upon the applicant, except that with respect to any issue presented by a petition to deny or a petition to enlarge the issues, such burdens shall be as determined by the Commission or the Chief of the Wireless Telecommunications Bureau. [ 63 FR 68932 , Dec. 14, 1998] § 1.946 Construction and coverage requirements. ( a ) Construction and commencement of service requirements. For each of the Wireless Radio Services, requirements for construction and commencement of service or commencement of operations are set forth in the rule part governing the specific service. For purposes of this section, the period between the date of grant of an authorization and the date of required commencement of service or operations is referred to as the construction period. ( b ) Coverage and substantial service requirements. In certain Wireless Radio Services, licensees must comply with geographic coverage requirements or substantial service requirements within a specified time period. These requirements are set forth in the rule part governing each specific service. For purposes of this section, the period between the date of grant of an authorization and the date that a particular degree of coverage or substantial service is required is referred to as the coverage period. ( c ) Termination of authorizations. If a licensee fails to commence service or operations by the expiration of its construction period or to meet its coverage or substantial service obligations by the expiration of its coverage period, its authorization terminates automatically (in whole or in part as set forth in the service rules), without specific Commission action, on the date the construction or coverage period expires. ( d ) Licensee notification of compliance. A licensee who commences service or operations within the construction period or meets its coverage or substantial services obligations within the coverage period must notify the Commission by filing FCC Form 601. The notification must be filed within 15 days of the expiration of the applicable construction or coverage period. Where the authorization is site-specific, if service or operations have begun using some, but not all, of the authorized transmitters, the notification must show to which specific transmitters it applies. ( e ) Requests for extension of time. Licensees may request to extend a construction period or coverage period by filing FCC Form 601. The request must be filed before the expiration of the construction or coverage period. ( 1 ) An extension request may be granted if the licensee shows that failure to meet the construction or coverage deadline is due to involuntary loss of site or other causes beyond its control. ( 2 ) Extension requests will not be granted for failure to meet a construction or coverage deadline due to delays caused by a failure to obtain financing, to obtain an antenna site, or to order equipment in a timely manner. If the licensee orders equipment within 90 days of its initial license grant, a presumption of diligence is established. ( 3 ) Extension requests will not be granted for failure to meet a construction or coverage deadline because the licensee undergoes a transfer of control or because the licensee intends to assign the authorization. The Commission will not grant extension requests solely to allow a transferee or assignee to complete facilities that the transferor or assignor failed to construct. ( 4 ) The filing of an extension request does not automatically extend the construction or coverage period unless the request is based on involuntary loss of site or other circumstances beyond the licensee's control, in which case the construction period is automatically extended pending disposition of the extension request. ( 5 ) A request for extension of time to construct a particular transmitter or other facility does not extend the construction period for other transmitters and facilities under the same authorization. [ 63 FR 68933 , Dec. 14, 1998, as amended at 69 FR 46397 , Aug. 3, 2004; 71 FR 52749 , Sept. 7, 2006; 72 FR 48842 , Aug. 24, 2007] § 1.947 Modification of licenses. ( a ) All major modifications, as defined in § 1.929 of this part , require prior Commission approval. Applications for major modifications also shall be treated as new applications for determination of filing date, Public Notice, and petition to deny purposes. ( b ) Licensees may make minor modifications to station authorizations, as defined in § 1.929 (other than pro forma transfers and assignments), as a matter of right without prior Commission approval. Where other rules in this part permit licensees to make permissive changes to technical parameters without notifying the Commission ( e.g., adding, modifying, or deleting internal sites), no notification is required. For all other types of minor modifications ( e.g., name, email or physical mailing address, point of contact changes), licensees must notify the Commission by filing FCC Form 601 within thirty (30) days of implementing any such changes. ( c ) Multiple pending modification applications requesting changes to the same or related technical parameters on an authorization are not permitted. If a modification application is pending, any additional changes to the same or related technical parameters may be requested only in an amendment to the pending modification application. ( d ) Any proposed modification that requires a fee as set forth at part 1, subpart G, of this chapter must be filed in accordance with § 1.913 . [ 63 FR 68933 , Dec. 14, 1998, as amended at 64 FR 53240 , Oct. 1, 1999; 85 FR 85530 , Dec. 29, 2020] § 1.948 Assignment of authorization or transfer of control, notification of consummation. ( a ) General. Except as provided in this section, authorizations in the Wireless Radio Services may be assigned by the licensee to another party, voluntarily or involuntarily, directly or indirectly, or the control of a licensee holding such authorizations may be transferred, only upon application to and approval by the Commission. ( b ) Limitations on transfers and assignments. ( 1 ) A change from less than 50% ownership to 50% or more ownership shall always be considered a transfer of control. ( 2 ) In other situations a controlling interest shall be determined on a case-by-case basis considering the distribution of ownership, and the relationships of the owners, including family relationships. ( 3 ) Designated Entities, as defined in § 1.2110(a) of this part , must comply with §§ 1.2110 and 1.2111 of this part when seeking to assign or transfer control of an authorization. ( 4 ) Stations must meet all applicable requirements regarding transfers and assignments contained in the rules pertaining to the specific service in which the station is licensed. ( 5 ) Licenses, permits, and authorizations for stations in the Amateur, Commercial Operator and Personal Radio Services (except 218-219 MHz Service) may not be assigned or transferred, unless otherwise stated. ( c ) Application required. In the case of an assignment of authorization or transfer of control, the assignor must file an application for approval of the assignment on FCC Form 603. If the assignee or transferee is subject to the ownership reporting requirements of § 1.2112 , the assignee or transferee must also file an updated FCC Form 602 or certify that a current FCC Form 602 is on file. ( 1 ) In the case of a non-substantial ( pro forma ) transfer or assignment involving a telecommunications carrier, as defined in § 153(44) of the Communications Act, filing of the Form 603 and Commission approval in advance of the proposed transaction is not required, provided that: ( i ) the affected license is not subject to unjust enrichment provisions under subpart Q of this part ; ( ii ) the transfer or assignment does not involve a proxy contest; and ( iii ) the transferee or assignee provides notice of the transaction by filing FCC Form 603 within 30 days of its completion, and provides any necessary updates of ownership information on FCC Form 602. ( 2 ) In the case of an involuntary assignment or transfer, FCC Form 603 must be filed no later than 30 days after the event causing the involuntary assignment or transfer. ( d ) Notification of consummation. In all Wireless Radio Services, licensees are required to notify the Commission of consummation of an approved transfer or assignment using FCC Form 603. The assignee or transferee is responsible for providing this notification, including the date the transaction was consummated. For transfers and assignments that require prior Commission approval, the transaction must be consummated and notification provided to the Commission within 180 days of public notice of approval, and notification of consummation must occur no later than 30 days after actual consummation, unless a request for an extension of time to consummate is filed on FCC Form 603 prior to the expiration of this 180-day period. For transfers and assignments that do not require prior Commission approval, notification of consummation must be provided on FCC Form 603 no later than 30 days after consummation, along with any necessary updates of ownership information on FCC Form 602. ( e ) Partial assignment of authorization. If the authorization for some, but not all, of the facilities of a radio station in the Wireless Radio Services is assigned to another party, voluntarily or involuntarily, such action is a partial assignment of authorization. To request Commission approval of a partial assignment of authorization, the assignor must notify the Commission on FCC Form 603 of the facilities that will be deleted from its authorization upon consummation of the assignment. ( f ) Partitioning and disaggregation. Where a licensee proposes to partition or disaggregate a portion of its authorization to another party, the application will be treated as a request for partial assignment of authorization. The assignor must notify the Commission on FCC Form 603 of the geographic area or spectrum that will be deleted from its authorization upon consummation of the assignment. ( g ) Involuntary transfer and assignment. In the event of the death or legal disability of a permittee or licensee, a member of a partnership, or a person directly or indirectly in control of a corporation which is a permittee or licensee, the Commission shall be notified promptly of the occurrence of such death or legal disability. Within 30 days after the occurrence of such death or legal disability (except in the case of a ship or amateur station), an application shall be filed for consent to involuntary assignment of such permit or license, or for involuntary transfer of control of such corporation, to a person or entity legally qualified to succeed to the foregoing interests under the laws of the place having jurisdiction over the estate involved. The procedures and forms to be used are the same procedures and forms as those specified in paragraph (b) of this section. In the case of Ship, aircraft, Commercial Operator, Amateur, and Personal Radio Services (except for 218-219 MHz Service) involuntary assignment of licenses will not be granted; such licenses shall be surrendered for cancellation upon the death or legal disability of the licensee. Amateur station call signs assigned to the station of a deceased licensee shall be available for reassignment pursuant to § 97.19 of this chapter . ( h ) Disclosure requirements. Applicants for transfer or assignment of licenses in auctionable services must comply with the disclosure requirements of §§ 1.2111 and 1.2112 of this part . ( i ) Trafficking. Applications for approval of assignment or transfer may be reviewed by the Commission to determine if the transaction is for purposes of trafficking in service authorizations. ( 1 ) Trafficking consists of obtaining or attempting to obtain an authorization for the principal purpose of speculation or profitable resale of the authorization rather than for the provision of telecommunication services to the public or for the licensee's own private use. ( 2 ) The Commission may require submission of an affirmative, factual showing, supported by affidavit of persons with personal knowledge thereof, to demonstrate that the assignor did not acquire the authorization for the principal purpose of speculation or profitable resale of the authorization. This showing may include, for example, a demonstration that the proposed assignment is due to changed circumstances (described in detail) affecting the licensee after the grant of the authorization, or that the proposed assignment is incidental to a sale of other facilities or a merger of interests. ( j ) Processing of applications. Applications for assignment of authorization or transfer of control relating to the Wireless Radio Services will be processed pursuant either to general approval procedures or the immediate approval procedures, as discussed in this paragraph (j) . ( 1 ) General approval procedures. Applications will be processed pursuant to the general approval procedures set forth in this paragraph unless they are submitted and qualify for the immediate approval procedures set forth in paragraph (j)(2) of this section. ( i ) To be accepted for filing under these general approval procedures, the application must be sufficiently complete and contain all necessary information and certifications requested on the applicable form, FCC Form 603, including any information and certifications (including those of the proposed assignee or transferee relating to eligibility, basic qualifications, and foreign ownership) required by the rules of this chapter and any rules pertaining to the specific service for which the application is filed, and must include payment of the required application fee(s) (see § 1.1102 ). ( ii ) Once accepted for filing, the application will be placed on public notice, except no prior public notice will be required for applications involving authorizations in the Private Wireless Services, as specified in § 1.933(d)(9) . ( iii ) Petitions to deny filed in accordance with section 309(d) of the Communications Act must comply with the provisions of § 1.939 , except that such petitions must be filed no later than 14 days following the date of the public notice listing the application as accepted for filing. ( iv ) No later than 21 days following the date of the public notice listing an application as accepted for filing, the Wireless Telecommunications Bureau (Bureau) will affirmatively consent to the application, deny the application, or determine to subject the application to further review. For applications for which no prior public notice is required, the Bureau will affirmatively consent to the application, deny the application, or determine to subject the application to further review no later than 21 days following the date on which the application has been filed, if filed electronically, and any required application fee has been paid (see § 1.1102 ); if filed manually, the Bureau will affirmatively consent to the application, deny the application, or determine to subject the application to further review no later than 21 days after the necessary data in the manually filed application is entered into ULS. ( v ) If the Bureau determines to subject the application to further review, it will issue a public notice so indicating. Within 90 days following the date of that public notice, the Bureau will either take action upon the application or provide public notice that an additional 90-day period for review is needed. ( vi ) Consent to the application is not deemed granted until the Bureau affirmatively acts upon the application. ( vii ) Grant of consent to the application will be reflected in a public notice (see § 1.933(a) ) promptly issued after the grant. ( viii ) If any petition to deny is filed, and the Bureau grants the application, the Bureau will deny the petition(s) and issue a concise statement of the reason(s) for denial, disposing of all substantive issues raised in the petition(s). ( 2 ) Immediate approval procedures. Applications that meet the requirements of paragraph (j)(2)(i) of this section qualify for the immediate approval procedures. ( i ) To qualify for the immediate approval procedures, the application must be sufficiently complete, contain all necessary information and certifications (including those relating to eligibility, basic qualifications, and foreign ownership), and include payment of the requisite application fee(s), as required for an application processed under the general approval procedures set forth in paragraph (j)(1) of this section, and also must establish, through certifications, that the following additional qualifications are met: ( A ) The license does not involve spectrum licensed in a Wireless Radio Service that may be used to provide interconnected mobile voice and/or data services under the applicable service rules and that would, if assigned or transferred, create a geographic overlap with spectrum in any licensed Wireless Radio Service (including the same service) in which the proposed assignee or transferee already holds a direct or indirect interest of 10% or more (see § 1.2112 ), either as a licensee or a spectrum lessee, and that could be used by the assignee or transferee to provide interconnected mobile voice and/or data services; ( B ) The licensee is not a designated entity or entrepreneur subject to unjust enrichment requirements and/or transfer restrictions under applicable Commission rules (see §§ 1.2110 , and 1.2111 and §§ 24.709 , 24.714 , and 24.839 of this chapter ); ( C ) The assignment or transfer of control does not require a waiver of, or declaratory ruling pertaining to, any applicable Commission rules in this chapter, and there is no pending issue as to whether the license is subject to revocation, cancellation, or termination by the Commission; and ( D ) The assignment application does not involve a transaction in the Enhanced Competition Incentive Program (see subpart EE of this part ). ( ii ) Provided that the application establishes that it meets all of the requisite elements to qualify for these immediate approval procedures, consent to the assignment or transfer of control will be reflected in ULS. If the application is filed electronically, consent will be reflected in ULS on the next business day after the filing of the application; if filed manually, consent will be reflected in ULS on the next business day after the necessary data in the manually filed application is entered into ULS. Consent to the application is not deemed granted until the Bureau affirmatively acts upon the application. ( iii ) Grant of consent to the application under these immediate approval procedures will be reflected in a public notice (see § 1.933(a) ) promptly issued after the grant, and is subject to reconsideration (see §§ 1.106(f) , 1.108 , and 1.113 ). [ 63 FR 68933 , Dec. 14, 1998, as amended at 64 FR 62120 , Nov. 16, 1999; 68 FR 42995 , July 21, 2003; 68 FR 66276 , Nov. 25, 2003; 69 FR 77549 , Dec. 27, 2004; 69 FR 77944 , Dec. 29, 2004; 76 FR 17349 , Mar. 29, 2011; 81 FR 90745 , Dec. 15, 2015; 87 FR 57415 , Sept. 20, 2022] Effective Date Note Effective Date Note: At 69 FR 77549 , Dec. 27, 2004, § 1.948(j)(2) was revised. This paragraph contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 1.949 Application for renewal of authorization. ( a ) Filing requirements. Applications for renewal of authorizations in the Wireless Radio Services must be filed no later than the expiration date of the authorization, and no sooner than 90 days prior to the expiration date. Renewal applications must be filed on the same form as applications for initial authorization in the same service, i.e., FCC Form 601 or 605. ( b ) Common expiration date. Licensees with multiple authorizations in the same service may request a common date on which such authorizations expire for renewal purposes. License terms may be shortened by up to one year but will not be extended. ( c ) Implementation. Covered Site-based Licenses, except Common Carrier Fixed Point-to-Point Microwave Service (part 101, subpart I, of this chapter), and Covered Geographic Licenses in the 600 MHz Service (part 27, subpart N, of this chapter); 700 MHz Commercial Services (part 27, subpart F); Advanced Wireless Services (part 27, subpart L) (AWS-3 (1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz) and AWS-4 (2000-2020 MHz and 2180-2200 MHz) only); Citizens Broadband Radio Service (part 96, subpart C, of this chapter); and H Block Service (part 27, subpart K) must comply with paragraphs (d) through (h) of this section. All other Covered Geographic Licenses must comply with paragraphs (d) through (h) of this section beginning on January 1, 2023. Common Carrier Fixed Point-to-Point Microwave Service (part 101, subpart I) must comply with paragraphs (d) through (h) of this section beginning on October 1, 2018. ( d ) Renewal Standard. An applicant for renewal of an authorization of a Covered Site-based License or a Covered Geographic License must demonstrate that over the course of the license term, the licensee(s) provided and continue to provide service to the public, or operated and continue to operate the license to meet the licensee(s)' private, internal communications needs. ( e ) Safe harbors. An applicant for renewal will meet the Renewal Standard if it can certify that it has satisfied the requirements of one of the following safe harbors: ( 1 ) Covered Site-based Licenses. ( i ) The applicant must certify that it is continuing to operate consistent with its most recently filed construction notification (or most recent authorization, when no construction notification is required). ( ii ) The applicant must certify that no permanent discontinuance of service occurred during the license term. This safe harbor may be used by any Covered Site-based License. ( 2 ) Geographic licenses—commercial service. ( i ) For an applicant in its initial license term with an interim performance requirement, the applicant must certify that it has met its interim performance requirement and that over the portion of the license term following the interim performance requirement, the applicant continues to use its facilities to provide at least the level of service required by its interim performance requirement; and the licensee has met its final performance requirement and continues to use its facilities to provide at least the level of service required by its final performance requirement through the end of the license term. For an applicant in its initial license term with no interim performance requirement, the applicant must certify that it has met its final performance requirement and continues to use its facilities to provide at least the level of service required by its final performance requirement through the end of the license term. For an applicant in any subsequent license term, the applicant must certify that it continues to use its facilities to provide at least the level of service required by its final performance requirement through the end of any subsequent license terms. ( ii ) The applicant must certify that no permanent discontinuance of service occurred during the license term. This safe harbor may be used by any Covered Geographic License. ( 3 ) Geographic licenses—private systems. ( i ) For an applicant in its initial license term with an interim performance requirement, the applicant must certify that it has met its interim performance requirement and that over the portion of the license term following the interim performance requirement, the applicant continues to use its facilities to further the applicant's private business or public interest/public safety needs at or above the level required to meet its interim performance requirement; and the applicant has met its final performance requirement and continues to use its facilities to provide at least the level of operation required by its final performance requirement through the end of the license term. For an applicant in its initial license term with no interim performance requirement, the applicant must certify that it has met its final performance requirement and continues to use its facilities to provide at least the level of operation required by its final performance requirement through the end of the license term. For an applicant in any subsequent license term, the applicant must certify that it continues to use its facilities to further the applicant's private business or public interest/public safety needs at or above the level required to meet its final performance requirement. ( ii ) The applicant must certify that no permanent discontinuance of operation occurred during the license term. This safe harbor may be used by any Covered Geographic License. ( 4 ) Partitioned or disaggregated license without a performance requirement. ( i ) The applicant must certify that it continues to use its facilities to provide service or to further the applicant's private business or public interest/public safety needs. ( ii ) The applicant must certify that no permanent discontinuance of service occurred during the license term. This safe harbor may be used by any Covered Geographic License. ( f ) Renewal Showing. If an applicant for renewal cannot meet the Renewal Standard in paragraph (d) of this section by satisfying the requirements of one of the safe harbors in paragraph (e) of this section, it must make a Renewal Showing, independent of its performance requirements, as a condition of renewal. The Renewal Showing must specifically address the Renewal Standard by including a detailed description of the applicant's provision of service (or, when allowed under the relevant service rules or pursuant to waiver, use of the spectrum for private, internal communication) during the entire license period and address, as applicable: ( 1 ) The level and quality of service provided by the applicant ( e.g., the population served, the area served, the number of subscribers, the services offered); ( 2 ) The date service commenced, whether service was ever interrupted, and the duration of any interruption or outage; ( 3 ) The extent to which service is provided to rural areas; ( 4 ) The extent to which service is provided to qualifying tribal land as defined in § 1.2110(e)(3)(i) of this chapter ; and ( 5 ) Any other factors associated with the level of service to the public. ( g ) Regulatory Compliance Certification. An applicant for renewal of an authorization in the Wireless Radio Services identified in paragraph (d) of this section must make a Regulatory Compliance Certification certifying that it has substantially complied with all applicable FCC rules, policies, and the Communications Act of 1934, as amended. ( h ) Consequences of denial. If the Commission, or the Wireless Telecommunications Bureau acting under delegated authority, finds that a licensee has not met the Renewal Standard under paragraph (d) of this section, or that its Regulatory Compliance Certification under paragraph (g) of this section is insufficient, its renewal application will be denied, and its licensed spectrum will return automatically to the Commission for reassignment (by auction or other mechanism). In the case of certain services licensed site-by-site, the spectrum will revert automatically to the holder of the related overlay geographic-area license. To the extent that an AWS-4 licensee also holds the 2 GHz Mobile Satellite Service (MSS) rights for the affected license area, the MSS protection rule in § 27.1136 of this chapter will no longer apply in that license area. [ 82 FR 41545 , Sept. 1, 2017, as amended at 83 FR 63095 , Dec. 7, 2018] § 1.950 Geographic partitioning and spectrum disaggregation. Cross Reference Link to an amendment published at 87 FR 57416 , Sept. 20, 2022. ( a ) Definitions. The terms “county and county equivalent,” “geographic partitioning,” and “spectrum disaggregation” as used in this section are defined as follows: ( 1 ) County and county equivalent. The terms county and county equivalent as used in this part are defined by Federal Information Processing Standards (FIPS) 6-4, which provides the names and codes that represent the counties and other entities treated as equivalent legal and/or statistical subdivisions of the 50 States, the District of Columbia, and the possessions and freely associated areas of the United States. Counties are the “first-order subdivisions” of each State and statistically equivalent entity, regardless of their local designations (county, parish, borough, etc.). Thus, the following entities are equivalent to counties for legal and/or statistical purposes: The parishes of Louisiana; the boroughs and census areas of Alaska; the District of Columbia; the independent cities of Maryland, Missouri, Nevada, and Virginia; that part of Yellowstone National Park in Montana; and various entities in the possessions and associated areas. The FIPS codes and FIPS code documentation are available online at http://www.itl.nist.gov/fipspubs/index.htm . ( 2 ) Geographic partitioning. Geographic partitioning is the assignment of a geographic portion of a geographic area licensee's license area. ( 3 ) Spectrum disaggregation. Spectrum disaggregation is the assignment of portions of blocks of a geographic area licensee's spectrum. ( b ) Eligibility. Covered Geographic Licenses are eligible for geographic partitioning and spectrum disaggregation. ( 1 ) Geographic partitioning. An eligible licensee may partition any geographic portion of its license area, at any time following grant of its license, subject to the following exceptions: ( i ) 220 MHz Service licensees must comply with § 90.1019 of this chapter . ( ii ) Cellular Radiotelephone Service licensees must comply with § 22.948 of this chapter . ( iii ) Multichannel Video & Distribution and Data Service licensees are only permitted to partition licensed geographic areas along county borders (Parishes in Louisiana or Territories in Alaska). ( 2 ) Spectrum disaggregation. An eligible licensee may disaggregate spectrum in any amount, at any time following grant of its license to eligible entities, subject to the following exceptions: ( i ) 220 MHz Service licensees must comply with § 90.1019 of this chapter . ( ii ) Cellular Radiotelephone Service licensees must comply with § 22.948 of this chapter . ( iii ) VHF Public Coast (156-162 MHz) spectrum may only be disaggregated in frequency pairs, except that the ship and coast transmit frequencies comprising Channel 87 (see § 80.371(c) of this chapter ) may be disaggregated separately. ( iv ) Disaggregation is not permitted in the Multichannel Video & Distribution and Data Service 12.2-12.7 GHz band. ( c ) Filing requirements. Parties seeking approval for geographic partitioning, spectrum disaggregation, or a combination of both must apply for a partial assignment of authorization by filing FCC Form 603 pursuant to § 1.948 . Each request for geographic partitioning must include an attachment defining the perimeter of the partitioned area by geographic coordinates to the nearest second of latitude and longitude, based upon the 1983 North American Datum (NAD83). Alternatively, applicants may specify an FCC-recognized service area ( e.g., Basic Trading Area, Economic Area, Major Trading Area, Metropolitan Service Area, or Rural Service Area), county, or county equivalent, in which case, applicants need only list the specific FCC-recognized service area, county, or county equivalent names comprising the partitioned area. ( d ) Relocation of incumbent licensees. Applicants for geographic partitioning, spectrum disaggregation, or a combination of both must, if applicable, include a certification with their partial assignment of authorization application stating which party will meet any incumbent relocation requirements, except as otherwise stated in service-specific rules. ( e ) License term. The license term for a partitioned license area or disaggregated spectrum license is the remainder of the original licensee's license term. ( f ) Frequency coordination. Any existing frequency coordination agreements convey with the partial assignment of authorization for geographic partitioning, spectrum disaggregation, or a combination of both, and shall remain in effect for the term of the agreement unless new agreements are reached. ( g ) Performance requirements. Parties to geographic partitioning, spectrum disaggregation, or a combination of both, have two options to satisfy service-specific performance requirements ( i.e., construction and operation requirements). Under the first option, each party may certify that it will individually satisfy any service-specific requirements and, upon failure, must individually face any service-specific performance penalties. Under the second option, both parties may agree to share responsibility for any service-specific requirements. Upon failure to meet their shared service-specific performance requirements, both parties will be subject to any service-specific penalties. ( h ) Unjust enrichment. Licensees making installment payments or that received a bidding credit, that partition their licenses or disaggregate their spectrum to entities that do not meet the eligibility standards for installment payments or bidding credits, are subject to the unjust enrichment requirements of § 1.2111 . [ 82 FR 41546 , Sept. 1, 2017] § 1.951 Duty to respond to official communications. Licensees or applicants in the Wireless Radio Services receiving official notice of an apparent or actual violation of a federal statute, international agreement, Executive Order, or regulation pertaining to communications shall respond in writing within 10 days to the office of the FCC originating the notice, unless otherwise specified. Responses to official communications must be complete and self-contained without reference to other communications unless copies of such other communications are attached to the response. Licensees or applicants may respond via ULS. [ 63 FR 68934 , Dec. 14, 1998] § 1.953 Discontinuance of service or operations. ( a ) Termination of authorization. A licensee's authorization will automatically terminate, without specific Commission action, if the licensee permanently discontinues service or operations under the license during the license term. A licensee is subject to this provision commencing on the date it is required to be providing service or operating. ( b ) 180-day Rule for Geographic Licenses. Permanent discontinuance of service or operations for Covered Geographic Licenses is defined as 180 consecutive days during which a licensee does not operate or, in the case of commercial mobile radio service providers, does not provide service to at least one subscriber that is not affiliated with, controlled by, or related to the licensee. ( c ) 365-day Rule for Site-based Licenses. Permanent discontinuance of service or operations for Covered Site-based Licenses is defined as 365 consecutive days during which a licensee does not operate or, in the case of commercial mobile radio service providers, does not provide service to at least one subscriber that is not affiliated with, controlled by, or related to the providing carrier. ( d ) 365-day Rule for public safety licenses. Permanent discontinuance of operations is defined as 365 consecutive days during which a licensee does not operate. This 365-day rule applies to public safety licenses issued based on the applicant demonstrating eligibility under § 90.20 or § 90.529 of this chapter , or public safety licenses issued in conjunction with a waiver pursuant to section 337 of the Communications Act. ( e ) Channel keepers. Operation of channel keepers (devices that transmit test signals, tones, color bars, or some combination of these, for example) does not constitute operation or service for the purposes of this section. ( f ) Filing requirements. A licensee that permanently discontinues service as defined in this section must notify the Commission of the discontinuance within 10 days by filing FCC Form 601 or 605 requesting license cancellation. An authorization will automatically terminate, without specific Commission action, if service or operations are permanently discontinued as defined in this section, even if a licensee fails to file the required form requesting license cancellation. ( g ) Extension request. A licensee may file a request for a longer discontinuance period for good cause. An extension request must be filed at least 30 days before the end of the applicable 180-day or 365-day discontinuance period. The filing of an extension request will automatically extend the discontinuance period a minimum of the later of an additional 30 days or the date upon which the Wireless Telecommunications Bureau acts on the request. [ 82 FR 41547 , Sept. 1, 2017] § 1.955 Termination of authorizations. ( a ) Authorizations in general remain valid until terminated in accordance with this section, except that the Commission may revoke an authorization pursuant to section 312 of the Communications Act of 1934, as amended. See 47 U.S.C. 312 . ( 1 ) Expiration. Authorizations automatically terminate, without specific Commission action, on the expiration date specified therein, unless a timely application for renewal is filed. See § 1.949 of this part . No authorization granted under the provisions of this part shall be for a term longer than ten years, except to the extent a longer term is authorized under § 27.13 of part 27 of this chapter . ( 2 ) Failure to meet construction or coverage requirements. Authorizations automatically terminate (in whole or in part as set forth in the service rules), without specific Commission action, if the licensee fails to meet applicable construction or coverage requirements. See § 1.946(c) . ( 3 ) Service discontinued. Authorizations automatically terminate, without specific Commission action, if service or operations are permanently discontinued. See § 1.953 . ( b ) Special temporary authority (STA) automatically terminates without specific Commission action upon failure to comply with the terms and conditions therein, or at the end of the period specified therein, unless a timely request for an extension of the STA term is filed in accordance with § 1.931 of this part . If a timely filed request for extension of the STA term is dismissed or denied, the STA automatically terminates, without specific Commission action, on the day after the applicant or the applicant's attorney is notified of the Commission's action dismissing or denying the request for extension. ( c ) Authorizations submitted by licensees for cancellation terminate when the Commission gives Public Notice of such action. [ 63 FR 68934 , Dec. 14, 1998, as amended at 64 FR 53240 , Oct. 1, 1999; 70 FR 61058 , Oct. 20, 2005; 72 FR 27708 , May 16, 2007; 72 FR 48843 , Aug. 24, 2007; 82 FR 41547 , Sept. 1, 2017] Editorial Note Editorial Note: At 64 FR 53240 , Oct. 1, 1999, § 1.955 was amended by revising the last sentence of paragraph (b)(2) to read “ See § 1.946(c) of this part .”, effective Nov. 30, 1999. However, paragraph (b)(2) does not exist in the 1998 volume. § 1.956 Settlement conferences. Parties are encouraged to use alternative dispute resolution procedures to settle disputes. See subpart E of this part . In any contested proceeding, the Commission, in its discretion, may direct the parties or their attorneys to appear before it for a conference. ( a ) The purposes of such conferences are: ( 1 ) To obtain admissions of fact or stipulations between the parties as to any or all of the matters in controversy; ( 2 ) To consider the necessity for or desirability of amendments to the pleadings, or of additional pleadings or evidentiary submissions; ( 3 ) To consider simplification or narrowing of the issues; ( 4 ) To encourage settlement of the matters in controversy by agreement between the parties; and ( 5 ) To consider other matters that may aid in the resolution of the contested proceeding. ( b ) Conferences are scheduled by the Commission at a time and place it may designate, to be conducted in person or by telephone conference call. ( c ) The failure of any party or attorney, following reasonable notice, to appear at a scheduled conference will be deemed a failure to prosecute, subjecting that party's application or petition to dismissal by the Commission. [ 63 FR 68935 , Dec. 14, 1998] § 1.957 Procedure with respect to amateur radio operator license. Each candidate for an amateur radio license which requires the applicant to pass one or more examination elements must present the Volunteer Examiners (VEs) with a properly completed FCC Form 605 prior to the examination. Upon completion of the examination, the VEs will grade the test papers. If the applicant is successful, the VEs will forward the candidate's application to a Volunteer-Examiner Coordinator (VEC). The VEs will then issue a certificate for sucessful completion of an amateur radio operator examination. The VEC will forward the application to the Commission's Gettysburg, Pennsylvania, facility. [ 63 FR 68935 , Dec. 14, 1998] § 1.958 Distance computation. The method given in this section must be used to compute the distance between any two locations, except that, for computation of distance involving stations in Canada and Mexico, methods for distance computation specified in the applicable international agreement, if any, must be used instead. The result of a distance calculation under parts 21 and 101 of this chapter must be rounded to the nearest tenth of a kilometer. The method set forth in this paragraph is considered to be sufficiently accurate for distances not exceeding 475 km (295 miles). ( a ) Convert the latitudes and longitudes of each reference point from degree-minute-second format to degree-decimal format by dividing minutes by 60 and seconds by 3600, then adding the results to degrees. ( b ) Calculate the mean geodetic latitude between the two reference points by averaging the two latitudes: ( c ) Calculate the number of kilometers per degree latitude difference for the mean geodetic latitude calculated in paragraph (b) of this section as follows: KPD lat = 111.13209 − 0.56605 cos 2ML + 0.00120 cos 4ML ( d ) Calculate the number of kilometers per degree of longitude difference for the mean geodetic latitude calculated in paragraph (b) of this section as follows: KPD lon = 111.41513 cos ML − 0.09455 cos 3ML + 0.00012 cos 5ML ( e ) Calculate the North-South distance in kilometers as follows: NS = KPD lat × (LAT1 dd − LAT2 dd ) ( f ) Calculate the East-West distance in kilometers as follows: EW = KPD lon × (LON1 dd − LON2 dd ) ( g ) Calculate the distance between the locations by taking the square root of the sum of the squares of the East-West and North-South distances: ( h ) Terms used in this section are defined as follows: ( 1 ) LAT1 dd and LON1 dd are the coordinates of the first location in degree-decimal format. ( 2 ) LAT2 dd and LON2 dd are the coordinates of the second location in degree-decimal format. ( 3 ) ML is the mean geodetic latitude in degree-decimal format. ( 4 ) KPD lat is the number of kilometers per degree of latitude at a given mean geodetic latitude. ( 5 ) KPD lon is the number of kilometers per degree of longitude at a given mean geodetic latitude. ( 6 ) NS is the North-South distance in kilometers. ( 7 ) EW is the East-West distance in kilometers. ( 8 ) DIST is the distance between the two locations, in kilometers. [ 70 FR 19306 , Apr. 13, 2005, as amended at 79 FR 72150 , Dec. 5, 2014] § 1.959 Computation of average terrain elevation. Except as otherwise specified in § 90.309(a)(4) of this chapter , average terrain elevation must be calculated by computer using elevations from a 30 second point or better topographic data file. The file must be identified. If a 30 second point data file is used, the elevation data must be processed for intermediate points using interpolation techniques; otherwise, the nearest point may be used. In cases of dispute, average terrain elevation determinations can also be done manually, if the results differ significantly from the computer derived averages. ( a ) Radial average terrain elevation is calculated as the average of the elevation along a straight line path from 3 to 16 kilometers (2 and 10 miles) extending radially from the antenna site. If a portion of the radial path extends over foreign territory or water, such portion must not be included in the computation of average elevation unless the radial path again passes over United States land between 16 and 134 kilometers (10 and 83 miles) away from the station. At least 50 evenly spaced data points for each radial should be used in the computation. ( b ) Average terrain elevation is the average of the eight radial average terrain elevations (for the eight cardinal radials). ( c ) For locations in Dade and Broward Counties, Florida, the method prescribed above may be used or average terrain elevation may be assumed to be 3 meters (10 feet). [ 70 FR 19306 , Apr. 13, 2005] Reports To Be Filed With the Commission § 1.981 Reports, annual and semiannual. Where required by the particular service rules, licensees who have entered into agreements with other persons for the cooperative use of radio station facilities must submit annually an audited financial statement reflecting the nonprofit cost-sharing nature of the arrangement to the Commission's offices in Washington, DC or alternatively may be sent to the Commission electronically via the ULS, no later than three months after the close of the licensee's fiscal year. [ 78 FR 25160 , Apr. 29, 2013] Subpart G—Schedule of Statutory Charges and Procedures for Payment Source: 52 FR 5289 , Feb. 20, 1987, unless otherwise noted. § 1.1101 Authority. Authority to impose and collect these charges is contained in section 8 of the Communications Act, as amended by sections 102 and 103 of title I of the Consolidated Appropriations Act of 2018 ( Pub. L. 115-141 , 132 Stat. 1084), 47 U.S.C. 158 , which directs the Commission to assess and collect application fees to recover the costs of the Commission to process applications. [ 86 FR 15061 , Mar. 19, 2021] § 1.1102 Schedule of charges for applications and other filings in the wireless telecommunications services. Some of the wireless application fees below have a regulatory fee component that must be paid at the time of a new or a renewal of a wireless application. Please refer to the Wireless Filing Guide for payment type codes at https://www.fcc.gov/licensing-databases/fees/application-processing-fees . ( a ) In tables to this section, the amounts appearing in the column labeled “Fee Amount” are for application fees only. Certain services, as indicated in the table below, also have associated regulatory fees that must be paid at the same time the application fee is paid. For more information on the associated regulatory fees, please refer to the most recent Wireless Telecommunications Bureau Fee Filing Guide for the corresponding regulatory fee amount located at https://www.fcc.gov/licensing-databases/fees/application-processing-fees . For additional guidance, please refer to § 1.1152 of this chapter . Application fee payments can be made electronically using the Commission's Universal Licensing System (ULS). Manual filings and/or payments for these services are no longer accepted. ( b ) Site-based licensed services are services for which an applicant's initial application for authorization generally provides the exact technical parameters of its planned operations (such as transmitter location, area of operation, desired frequency(s)/band(s), power levels). Site-based licensed services include land mobile systems (one or more base stations communicating with mobile devices, or mobile-only systems), point-to-point systems (two stations using a spectrum band to form a data communications path), point-to-multipoint systems (one or more base stations that communicate with fixed remote units), as well as radiolocation and radionavigation systems. Examples of these licenses include, but are not limited to, the Industrial/Business Pool, Trunked licenses and Microwave Industrial/Business Pool licenses. Table 1 to Paragraph ( b ) Site-based license applications New fee New license, major modification $105. Extension Requests $50. Special temporary authority $150. Assignment/transfer of control, initial call sign $50. Assignment/transfer of control, each subsequent call sign, fee capped at 10 total call signs per application $35. Site-based license applications New fee Rule waivers associated with applications for assignment/transfer of control, per transaction, assessed on the lead application $425. Rule waivers associated with applications for assignment/transfer of control, per transaction, assessed on the lead application $425. Rule waiver not associated with an application for assignment/transfer of control $425. Renewal $35. Spectrum leasing $35. Maritime, Aviation, Microwave, Land Mobile, and Rural Radio Please refer to the Wireless Telecommunications Bureau Fee Filing Guide for Information on the payment of an associated regulatory fee. ( c ) Personal licenses authorize shared use of certain spectrum bands or provide a required permit for operation of certain radio equipment. In either case, personal licenses focus only on eligibility and do not require technical review. Examples of these licenses include, but are not limited to, Amateur Radio Service licenses (used for recreational, noncommercial radio services), Ship licenses (used to operate all manner of ships), Aircraft licenses (used to operate all manner of aircraft), Commercial Radio Operator licenses (permits for ship and aircraft station operators, where required), General Mobile Radio Service (GMRS) licenses (used for short-distance, two-way voice communications using hand-held radios, as well as for short data messaging applications), Vanity, and Restricted Operator licenses. Table 2 to Paragraph ( c ) Personal license application New fee New license, modification $35. Special temporary authority $35. Rule waiver $35. Renewal $35. Vanity Call Sign (Amateur Radio Service) $35. Marine (Ship), Aviation (Aircraft), and GMRS Please refer to the Wireless Telecommunications Bureau Fee Filing Guide for Information on the payment of an associated regulatory fee. ( d ) Geographic-based licenses authorize an applicant to construct anywhere within a particular geographic area's boundary (subject to certain technical requirements, including interference protection) and generally do not require applicants to submit additional applications for prior Commission approval of specific transmitter locations. Examples of these licenses include, but are not limited to, the 220-222 MHz Service licenses, Upper Microwave Flexible Use Service licenses, 600 MHz Band Service licenses, and 700 MHz Lower Band Service licenses. Table 3 to Paragraph ( d ) Geographic-based license applications New fee New License (other than Auctioned Licenses), Major Modification $340. New License (Auctioned Licenses, Post-Auction Consolidated Long-Form and Short-Form Fee) (per application; NOT per call sign) $3,545. Renewal $50. Minor Modification $225. Construction Notification/Extensions $325. Special Temporary Authority $375. Assignment/Transfer of Control, initial call sign $215. Assignment/Transfer of Control, subsequent call sign $35. Spectrum Leasing $185. Rule waivers associated with applications for assignment/transfer of control, per transaction, assessed on the lead application $425. Rule waiver not associated with an application for assignment/transfer of control $425. Designated Entity Licensee Reportable Eligibility Event $50. Maritime, Microwave, Land Mobile, 218-219 MHz Please refer to the Wireless Telecommunications Bureau Fee Filing Guide for information on the payment of an associated regulatory fee. [ 86 FR 15062 , Mar. 19, 2021, as amended at 88 FR 6170 , Jan. 31, 2023; 88 FR 44736 , July 13, 2023] § 1.1103 Schedule of charges for equipment approval, experimental radio services (or service). Table 1 to § 1.1103 Type of application Payment type code Fee amount Assignment of Grantee Code EAG $35.00 New Station Authorization EAE 140.00 Modification of Authorization EAE 140.00 Renewal of Station Authorization EAE 140.00 Assignment of License or Transfer of Control EAE 140.00 Special Temporary Authority EAE 140.00 Confidentiality Request EAD 50.00 [ 88 FR 6171 , Jan. 31, 2023] § 1.1104 Schedule of charges for applications and other filings for media services. Table 1 to § 1.1104 Full power commercial and class A television stations Type of application Payment type code Fee amount New or Major Change, Construction Permit MVT $4,755/application (if no Auction). New or Major Change, Construction Permit MVS $5,395/application (if Auction, include Post-Auction, Consolidated Long & Short Form Fee). Minor Modification, Construction Permit MPT $1,490/application & 159. New License MJT $425/application. License Renewal MGT $370/application. License Assignment (2100 Schedule 314 & 159 (long form) MPU $1,390/station. License Assignment (2100 Schedule 316 & 159 (short form) MDT $450/station. Transfer of Control (2100 Schedule 315 & 159 (long form) MPU $1,390/station. Transfer of Control (2100 Schedule 316 & 159 (short form) MDT $450/station. Call Sign MBT $190/application. Special Temporary Authority MPV $300/application. Petition for Rulemaking for New Community of License MRT $3,790/petition. Biennial Ownership Report (Full Power TV Stations Only) MAT $95/station. Table 2 to § 1.1104 Commercial AM radio stations Type of application Payment type code Fee amount New or Major Change, Construction Permit MUR $4,440/application. New or Major Change, Construction Permit MVR $5,085/application. Minor Modification, Construction Permit MVU $1,815/application. New License MMR $720/application. AM Directional Antenna MOR $1,405/application. License Renewal MGR $365/application. License Assignment (2100 Schedule 314 & 159 (long form) MPR $1,120/station. License Assignment (2100 Schedule 316 & 159 (short form) MDR $475/station. Transfer of Control (2100 Schedule 315 & 159 (long form) MPR $1,120/station. Transfer of Control (2100 Schedule 316 & 159 (short form) MDR $475/station. Call Sign MBR $190/application. Special Temporary Authority MVV $325/application. Biennial Ownership Report MAR $95/station. Table 3 to § 1.1104 Commercial FM radio stations Type of application Payment type code Fee amount New or Major Change, Construction Permit MTR $3,675/application, if no Auction. New or Major Change, Construction Permit MVW $4,290/application, if Auction, include Consolidated Long and Short Form Fee. Minor Modification, Construction Permit MVX $1,410/application. New License MHR $260/application. FM Directional Antenna MLR $705/application. License Renewal MGR $365/application. License Assignment (2100 Schedule 314 & 159 (long form) MPR $1,120/station. License Assignment (2100 Schedule 316 & 159 (short form) MDR $475/station. Transfer of Control (2100 Schedule 315 & 159 (long form) MPR $1,120/station. Transfer of Control (2100 Schedule 316 & 159 (short form) MDR $475/station. Call Sign MBR $190/application. Special Temporary Authority MVY $235/application. Petition for Rulemaking for New Community of License MRR $3,550/petition. Biennial Ownership Report MAR $95/station. Table 4 to § 1.1104 FM translators Type of application Payment type code Fee amount New or Major Change, Construction Permit MOF $785/application, if no Auction. New or Major Change, Construction Permit MVZ $1,430/application, if Auction, include Consolidated Long and Short Form Fee. Minor Modification, Construction Permit MWA $235/application. New License MEF $200/application. FM Translator/Booster License Renewal MAF $195/application. FM Translator/Booster Spec. Temp. Auth. MWB $190/application. FM Translator License Assignment (2100 Schedule 345 & 159, 314 & 159, 316 & 159) MDF $325/station. FM Translator Transfer of Control (2100 Schedule 345 & 159, 315 & 159, 316 & 159) MDF $325/station. FM Booster, New or Major Change, Construction Permit MOF $785/station. FM Booster, New License MEF $200/application. FM Booster, Special Temporary Authority MWB $190/application. Table 5 to § 1.1104 Section 310 (b)(4) Foreign Ownership Petition Type of application Payment type code Fee amount Foreign Ownership Petition (separate and additional fee required for underlying application, if any) MWC $2,775/application. Table 6 to § 1.1104 TV translators and LPTV stations Type of application Payment type code Fee amount New or Major Change, Construction Permit MOL $865/application, if no Auction. New or Major Change, Construction Permit MOK $1,505/application, if Auction, include Consolidated Long and Short Form Fee. New License MEL $240/application. License Renewal MAL $160/application. Special Temporary Authority MGL $300/application. License Assignment (2100 Schedule 345 & 159, 314 & 159, 316 & 159) MDL $375/station. Transfer of Control (2100 Schedule 345 & 159, 315 & 159, 316 & 159) MDL $375/station. Call Sign MBT $190/application. Table 7 to § 1.1104 Cable television and cars license services Type of application Payment type code Fee amount Cable TV & CARS New License TIC $500 Cable TV & CARS License, Modification (Major) TID 385 Cable TV & CARS License, Modification (Minor) TIE 50 Cable TV & CARS License, Renewal TIF 290 Cable TV & CARS License, Assignment TIG 405 Cable TV & CARS License, Transfer of Control TIH 520 Cable TV & CARS License, Special Temporary Authority TGC 250 Cable TV, Special Relief Petition TQC 1,800 Cable TV & CARS License, Registration Statement TAC 115 Cable TV & MVPD, Aeronautical Frequency Notification TAB 100 [ 88 FR 6171 , Jan. 31, 2023, as amended at 88 FR 29544 , May 8, 2023] § 1.1105 Schedule of charges for applications and other filings for the wireline competition services. Table 1 to § 1.1105 Wireline competition services Type of application Payment type code Fee amount Domestic 214 Applications—Part 63, Transfers of Control CDU $1,375 Domestic 214 Applications—Special Temporary Authority CDV 755 Domestic 214 Applications—Part 63 Discontinuances (Non-Standard Review) (Technology Transition Filings Subject to Section 63.71 (f) (2) (i) or Not Subject to Streamlined Automatic Grant, and Filings From Dominant Carriers Subject to 60-Day Automatic Grant CDW 1,375 Domestic 214 Applications—Part 63 Discontinuances (Standard Streamlined Review) (All Other Domestic 214 Discontinuance Filings) CDX 375 VoIP Numbering CDY 1,485 Standard Tariff Filing CQK 1,040 Complex Tariff Filing (annual access charge tariffs, new or restructured rate plans) (Large—all price cap LECs and entities involving more than 100 LECs) CQL 7,300 Complex Tariff Filing (annual access charge tariffs, new or restructured rate plans) (Small—other entities) CQM 3,650 Application for Special Permission for Waiver of Tariff Rules CQN 420 Waiver of Accounting Rules CQP 4,925 Universal Service Fund Auction (combined long-form and short-form fee, paid only by winning bidder) CQQ 3,310 [ 88 FR 6171 , Jan. 31, 2023] § 1.1106 Schedule of charges for applications and other filings for the enforcement services. Table 1 to § 1.1106 Enforcement services Type of application Payment type code Fee amount Formal Complaint CIZ $605 Pole Attachment Complain TPC 605 Petitions Regarding Law Enforcement Assistance Capability under CALEA CLEA 7,750 [ 88 FR 6171 , Jan. 31, 2023] § 1.1107 Schedule of charges for applications and other filings for the international services. International Services Payment type code New fee Table 1 to § 1.1107 Cable Landing License, per Application: New License, Cable Landing License Application, E-filed via MyIBFS CXT $4,280. Assignment/Transfer of Control, Submarine Cable Landing—Assignment of License or Transfer of Control, E-filed via MyIBFS CUT $1,375. Pro Forma Assignment/Transfer of Control, Submarine Cable Landing—Assignment of License or Transfer of Control, E-filed via MyIBFS DAA $445. Foreign Carrier Affiliation Notification, Foreign Carrier Affiliation Notification (FCN), E-filed via MyIBFS DAB $550. Modification, Submarine Cable Landing—Modification of License, E-filed via MyIBFS DAC $1,375. Renewal DAD $2,725. Special Temporary Authority, Submarine Cable Landing—Request for Special Temporary Authority, E-filed via MyIBFS DAE $755. Waiver DAF $375. Table 2 to § 1.1107 International Section 214 Authorization, per Application: New Authorization, International Section 214 Application, E-filed via MyIBFS DAG $875. Assignment/Transfer of Control, International Section 214 Authorizations For Assignment Or Transfer of Control, E-filed via MyIBFS CUT $1,375. Pro forma Assignment/Transfer of Control, International Section 214 Authorizations For Assignment Or Transfer of Control, E-filed via MyIBFS DAA $445. Foreign Carrier Affiliation Notification, Foreign Carrier Affiliation Notification (FCN), E-filed via MyIBFS DAB $550. Modification, International Section 214—Modification of Authorization, E-filed via MyIBFS DAH $755. Special Temporary Authority, International Section 214 Special Temporary Authority Application, E-filed via MyIBFS DAE $755. Waiver DAF $375. Discontinuance of services DAJ $375. Table 3 to § 1.1107 Section 310(b) Foreign Ownership, per Application: Petition for Declaratory Ruling, Section 310(b) Petition for Declaratory Ruling, E-filed via MyIBFS DAK $2,775. Waiver DAF $375. Table 4 to § 1.1107 Recognized Operating Agency per Application: Application for ROA Status, Recognized Operating Agency Filing, E-filed via MyIBFS DAL $1,280. Waiver DAF $375. Table 5 to § 1.1107 Data Network Identification Code (DNIC), per Application: New DNIC, Data Network Identification Code Filing, E-filed via MyIBFS DAM $875. Waiver DAF $375. Table 6 to § 1.1107 International Signaling Point Code (ISPC), per Application: New ISPC, International Signalling Point Code Filing, E-filed via MyIBFS DAN $875. Transfer of Control DAP $755. Modification DAH $755. Waiver DAF $375. Table 7 to § 1.1107 Satellite Earth Station Applications: Fixed or Temporary Fixed Transmit or Transmit/Receive Earth Stations, per Call Sign: Initial application, single site BAX $400. Initial application, multiple sites BAY $7,270. Receive Only Earth Stations License or Registration, per Call Sign or Registration: Initial application or registration, single site CMO $195. Initial application or registration, multiple sites, per system CMP $520. Initial application for Blanket Earth Stations, per Call Sign CMQ $400. Mobile Earth Stations Applications, per Call Sign: Initial Application for Blanket Authorization, per system, per Call Sign BGB $910. Amendments to Earth Station Applications or Registrations per Call Sign: Single Site BGC $480. Multiple Sites BGD $705. Earth Stations, Other Applications: Applications for Modification of Earth Station Licenses or Registrations, per Call Sign BGE $610. Assignment or Transfer of Control of Earth Station Licenses or Registrations, per Call Sign BGF $830 (first call sign). BGG $445 (for each additional call sign). Pro Forma Assignment or Transfer of Control of Earth Station Licenses or Registrations, per Transaction BHA $445. Earth Stations, Special Temporary Authority, per Call Sign BHD * $220. Table 8 to § 1.1107 Earth Station Renewals of Licenses, per Call Sign: Single Site BHB $130. Multiple Sites BHC $160. Earth Station Requests for U.S. Market Access for Non-U.S. Licensed Space Stations See Space Stations. Table 9 to § 1.1107 Satellite Space Station Applications Space Stations, Geostationary Orbit: Application for Authority to Construct, Deploy, and Operate, per satellite BNY $3,965. Application for Authority to Operate, per satellite BNZ $3,965. Space Stations, Non-Geostationary Orbit: Application for Authority to Construct, Deploy, and Operate, per system of technically identical satellites, per Call Sign CLW $16,795. Application for Authority to Operate, per system of technically identical satellites, per Call Sign CLY $16,795. Space Stations, Petition for Declaratory Ruling for Foreign-Licensed Space Station to Access the U.S. Market: Geostationary Orbit, per Call Sign FAB $3,965. Non-Geostationary Orbit, per Call Sign FAC $16,795. Small Satellites, per Call Sign FAD $2,425. Space Stations, Small Satellites, or Small Spacecraft: Application to Construct, Deploy, and Operate, per Call Sign FAE $2,425. Other Applications for Space Stations: Space Stations, Amendments, per Call Sign FAF $1,810. Space Stations, Modifications, per Call Sign FAG $2,785. Space Stations, Assignment or Transfer of Control, per Call Sign FAH $830 (first call sign). FAJ $445 (for each additional call sign). Space Stations, Pro Forma Assignment or Transfer of Control, per transaction FAK $445. Space Stations, Special Temporary Authority, per Call Sign FAL $1,600. Unified Space Station and Earth Station Initial Application, Amendment, and Modification: Unified Space Station and Earth Station Initial Application, Amendment, and Modification FCC Form 312 with Schedules B & S Applicable Space Station Fee + Applicable Earth Station Fee. Table 10 to § 1.1107 International Broadcast Stations (IBS) Applications: New Construction Permit MSN $4,475. Construction Permit Modification FAN $4,475. New License MNN $1,010. License Renewal MFN $255. Frequency Assignment MAN $90. Transfer of Control MCN $665. Special Temporary Authority MGN $440. Table 11 to § 1.1107 Permit to Deliver Programs to Foreign Broadcast Stations under Section 325(c) Applications: New License MBU $400. License Modification MBV $205. License Renewal MBW $175. Special Temporary Authority, Written Request MBX $175. Transfer of Control, Written Request MBY $290. [ 88 FR 6171 , Jan. 31, 2023] § 1.1108 [Reserved] § 1.1109 Schedule of charges for applications and other filings for the Homeland services. Payments should be made electronically using the Commission's electronic filing and payment system in accordance with the procedures set forth on the Commission's website, www.fcc.gov/licensing-databases/fees . Manual filings and/or payments for these services are no longer accepted. Service FCC Form No. Fee amount Payment type code 1. Communication Assistance for Law Enforcement (CALEA) Petitions Corres & 159 $6,945.00 CLEA [ 83 FR 38051 , Aug. 3, 2018, as amended at 88 FR 44736 , July 13, 2023] § 1.1110 Attachment of charges. The charges required to accompany a request for the Commission's regulatory services listed in §§ 1.1102 through 1.1109 of this subpart will not be refundable to the applicant irrespective of the Commission's disposition of that request. Return or refund of charges will be made only in certain limited instances as set out at § 1.1115 of this subpart . [ 74 FR 3445 , Jan. 21, 2009] § 1.1111 Payment of charges. ( a ) The schedule of fees for applications and other filings (Bureau/Office Fee Filing Guides) lists those applications and other filings that must be accompanied by an FCC Form 159, Remittance Advice' or the electronic version of the form, FCC Form 159-E, one of the forms that is automatically generated when an applicant accesses the Commission's on-line filing and payment process. ( b ) Applicants may access the Commission's on-line filing systems at https://www.fcc.gov/licensing-databases/online-filing , and the Commission's fee payment module through the FRN access page of the Commission's Registration System at https://apps.fcc.gov/cores/paymentFrnLogin.do . Applicants who use the on-line processes will be directed to the appropriate electronic application and payment forms for completion and submission of the required application(s) and payment information. ( c ) Applications and other filings that are not submitted in accordance with these instructions will be returned as unprocessable. Note to paragraph ( c ): This requirement for the simultaneous submission of fee forms with applications or other filings does not apply to the payment of fees for which the Commission has established a billing process. See § 1.1121 of this subpart . ( d ) Applications returned to applicants for additional information or corrections will not require an additional fee when resubmitted, unless the additional information results in an increase of the original fee amount. Those applications not requiring an additional fee should be resubmitted electronically or directly to the Bureau/Office requesting the additional information, as requested. The original fee will be forfeited if the additional information or corrections are not resubmitted by the prescribed deadline. A forfeited application fee will not be refunded. If an additional fee is required, the original fee will be returned and the application must be resubmitted with a new remittance in the amount of the required fee. Applicants should attach a copy of the Commission's request for additional or corrected information to their resubmission. ( e ) Should the staff change the status of an application, resulting in an increase in the fee due, the applicant will be billed for the remainder under the conditions established by § 1.1118(b) of the rules. Note to paragraph ( e ): Due to the statutory requirements applicable to tariff filings, the procedures for handling tariff filings may vary from the procedures set out in the rules. [ 74 FR 3445 , Jan. 21, 2009, as amended at 83 FR 2556 , Jan. 18, 2018; 88 FR 44736 , July 13, 2023] § 1.1112 Form of payment. ( a ) Annual and multiple year regulatory fees must be paid electronically as described in paragraph (e) of this section. Fee payments, other than annual and multiple year regulatory fee payments, should be in the form of a check, cashier's check, or money order denominated in U.S. dollars and drawn on a United States financial institution and made payable to the Federal Communications Commission or by a Visa, MasterCard, American Express, or Discover credit card. No other credit card is acceptable. Fees for applications and other filings paid by credit card will not be accepted unless the credit card section of FCC Form 159 is completed in full. The Commission discourages applicants from submitting cash and will not be responsible for cash sent through the mail. Personal or corporate checks dated more than six months prior to their submission to the Commission's lockbox bank and postdated checks will not be accepted and will be returned as deficient. Third party checks ( i.e., checks with a third party as maker or endorser) will not be accepted. ( 1 ) Although payments (other than annual and multiple year regulatory fee payments) may be submitted in the form of a check, cashier's check, or money order, payors of these fees are encouraged to submit these payments electronically under the procedures described in paragraph (e) of this section. ( 2 ) Specific procedures for electronic payments are announced in Bureau/Office fee filing guides. ( 3 ) It is the responsibility of the payer to insure that any electronic payment is made in the manner required by the Commission. Failure to comply with the Commission's procedures will result in the return of the application or other filing. ( 4 ) To insure proper credit, applicants making wire transfer payments must follow the instructions set out in the appropriate Bureau Office fee filing guide. ( b ) Applicants are required to submit one payment instrument (check, cashier's check, or money order) and FCC Form 159 with each application or filing; multiple payment instruments for a single application or filing are not permitted. A separate Fee Form (FCC Form 159) will not be required once the information requirements of that form (the Fee Code, fee amount, and total fee remitted) are incorporated into the underlying application form. ( c ) The Commission may accept multiple money orders in payment of a fee for a single application where the fee exceeds the maximum amount for a money order established by the issuing agency and the use of multiple money orders is the only practical method available for fee payment. ( d ) The Commission may require payment of fees with a cashier's check upon notification to an applicant or filer or prospective group of applicants under the conditions set forth below in paragraphs (d) (1) and (2) of this section. ( 1 ) Payment by cashier's check may be required when a person or organization has made payment, on one or more occasions with a payment instrument on which the Commission does not receive final payment and such failure is not excused by bank error. ( 2 ) The Commission will notify the party in writing that future payments must be made by cashier's check until further notice. If, subsequent to such notice, payment is not made by cashier's check, the party's payment will not be accepted and its application or other filing will be returned. ( e ) Annual and multiple year regulatory fee payments shall be submitted by online ACH payment, online Visa, MasterCard, American Express, or Discover credit card payment, or wire transfer payment denominated in U.S. dollars and drawn on a United States financial institution and made payable to the Federal Communications Commission. No other credit card is acceptable. Any other form of payment for regulatory fees (e.g., paper checks) will be rejected and sent back to the payor. ( f ) All fees collected will be paid into the general fund of the United States Treasury in accordance with Pub. L. 99-272. ( g ) The Commission will furnish a stamped receipt of an application filed by mail or in person only upon request that complies with the following instructions. In order to obtain a stamped receipt for an application (or other filing), the application package must include a copy of the first page of the application, clearly marked “copy”, submitted expressly for the purpose of serving as a receipt of the filing. The copy should be the top document in the package. If hand delivered, the copy will be date-stamped immediately and provided to the bearer of the submission. For submissions by mail, the receipt copy will be provided through return mail if the filer has attached to the receipt copy a stamped self-addressed envelope of sufficient size to contain the date stamped copy of the application. No remittance receipt copies will be furnished. Stamped receipts of electronically-filed applications will not be provided. [ 52 FR 5289 , Feb. 20, 1987; 52 FR 38232 , Oct. 15, 1987, as amended at 53 FR 40888 , Oct. 19, 1988; 55 FR 19171 , May 8, 1990. Redesignated at 59 FR 30998 , June 16, 1994, as amended at 59 FR 30999 , June 16, 1994. Redesignated at 60 FR 5326 , Jan. 27, 1995, as amended at 65 FR 49762 , Aug. 15, 2000; 67 FR 46303 , July 12, 2002; 67 FR 67337 , Nov. 5, 2002. Redesignated and amended at 74 FR 3445 , Jan. 21, 2009; 80 FR 66816 , Oct. 30, 2015; 83 FR 2556 , Jan. 18, 2018] § 1.1113 Filing locations. ( a ) Except as noted in this section, applications and other filings, with attached fees and FCC Form 159, must be submitted to the locations and addresses set forth in §§ 1.1102 through 1.1109 . ( 1 ) Tariff filings shall be filed with the Secretary, Federal Communications Commission, Washington, DC 20554. On the same day, the filer should submit a copy of the cover letter, the FCC Form 159, and the appropriate fee in accordance with the procedures established in § 1.1105 . ( 2 ) Bills for collection will be paid at the Commission's lockbox bank at the address of the appropriate service as established in §§ 1.1102 through 1.1109 , as set forth on the bill sent by the Commission. Payments must be accompanied by the bill sent by the Commission. Payments must be accompanied by the bill to ensure proper credit. Electronic payments must include the reference number contained on the bill sent by the Commission. ( 3 ) Petitions for reconsideration or applications for review of fee decisions pursuant to § 1.1119(b) of this subpart must be accompanied by the required fee for the application or other filing being considered or reviewed. ( 4 ) Applicants claiming an exemption from a fee requirement for an application or other filing under 47 U.S.C. 158(d)(1) or § 1.1116 of this subpart shall file their applications in the appropriate location as set forth in the rules for the service for which they are applying, except that request for waiver accompanied by a tentative fee payment should be filed as set forth in §§ 1.1102 through 1.1109 . ( b ) Except as provided for in paragraph (c) of this section, all materials must be submitted as one package. The Commission will not take responsibility for matching fees, forms and applications submitted at different times or locations. Materials submitted at other than the location and address required by § 0.401(b) and paragraph (a) of this section will be returned to the applicant or filer. ( c ) Fees for applications and other filings pertaining to the Wireless Radio Services that are submitted electronically via ULS may be paid electronically or sent to the Commission's lock box bank manually. When paying manually, applicants must include the application file number (assigned by the ULS electronic filing system on FCC Form 159) and submit such number with the payment in order for the Commission to verify that the payment was made. Manual payments must be received no later than ten (10) days after receipt of the application on ULS or the application will be dismissed. Payment received more than ten (10) days after electronic filing of an application on a Bureau/Office electronic filing system (e.g., ULS) will be forfeited ( see §§ 1.934 and 1.1111 .) ( d ) Fees for applications and other filings pertaining to the Multichannel Video and Cable Television Service (MVCTS) and the Cable Television Relay Service (CARS) that are submitted electronically via the Cable Operations and Licensing System (COALS) may be paid electronically or sent to the Commission's lock box bank manually. When paying manually, applicants must include the FCC Form 159 generated by COALS (pre-filled with the transaction confirmation number) and completed with the necessary additional payment information to allow the Commission to verify that payment was made. Manual payments must be received no later than ten (10) days after receipt of the application or filing in COALS or the application or filing will be dismissed. [ 55 FR 19171 , May 8, 1990. Redesignated at 59 FR 30998 , June 16, 1994, as amended at 59 FR 30999 , June 16, 1994. Redesignated at 60 FR 5326 , Jan. 27, 1995, as amended at 63 FR 68941 , Dec. 14, 1998; 65 FR 49762 , Aug. 15, 2000; 68 FR 27001 , May 19, 2003; 69 FR 41176 , July 7, 2004. Redesignated and amended at 74 FR 3445 , Jan. 21, 2009; 74 FR 5117 , Jan. 29, 2009; 75 FR 36550 , June 28, 2010; 83 FR 2556 , Jan. 18, 2018] § 1.1114 Conditionality of Commission or staff authorizations. ( a ) Any instrument of authorization granted by the Commission, or by its staff under delegated authority, will be conditioned upon final payment of the applicable fee or delinquent fees and timely payment of bills issued by the Commission. As applied to checks, bank drafts and money orders, final payment shall mean receipt by the Treasury of funds cleared by the financial institution on which the check, bank draft or money order is drawn. ( 1 ) If, prior to a grant of an instrument of authorization, the Commission is notified that final payment has not been made, the application or filing will be: ( i ) Dismissed and returned to the applicant; ( ii ) Shall lose its place in the processing line; ( iii ) And will not be accorded nunc pro tunc treatment if resubmitted after the relevant filing deadline. ( 2 ) If, subsequent to a grant of an instrument of authorization, the Commission is notified that final payment has not been made, the Commission will: ( i ) Automatically rescind that instrument of authorization for failure to meet the condition imposed by this subsection; and ( ii ) Notify the grantee of this action; and ( iii ) Not permit nunc pro tunc treatment for the resubmission of the application or filing if the relevant deadline has expired. ( 3 ) Upon receipt of a notification of rescision of the authorization, the grantee will immediately cease operations initiated pursuant to the authorization. ( b ) In those instances where the Commission has granted a request for deferred payment of a fee or issued a bill payable at a future date, further processing of the application or filing, or the grant of authority, shall be conditioned upon final payment of the fee, plus other required payments for late payments, by the date prescribed by the deferral decision or bill. Failure to comply with the terms of the deferral decision or bill shall result in the automatic dismissal of the submission or rescision of the Commission authorization for failure to meet the condition imposed by this subpart. The Commission reserves the right to return payments received after the date established on the bill and exercise the conditions attached to the application. The Commission shall: ( 1 ) Notify the grantee that the authorization has been rescinded; ( i ) Upon such notification, the grantee will immediately cease operations initiated pursuant to the authorization. ( ii ) [Reserved] ( 2 ) Not permit nunc pro tunc treatment to applicants who attempt to refile after the original deadline for the underlying submission. ( c ) ( 1 ) Where an applicant is found to be delinquent in the payment of application fees, the Commission will make a written request for the delinquent fee, together with any penalties that may be due under this subpart. Such request shall inform the applicant/filer that failure to pay or make satisfactory payment arrangements will result in the Commission's withholding action on, and/or as appropriate, dismissal of, any applications or requests filed by the applicant. The staff shall also inform the applicant of the procedures for seeking Commission review of the staff's fee determination. ( 2 ) If, after final determination that the fee is due or that the applicant is delinquent in the payment of fees, and payment is not made in a timely manner, the staff will withhold action on the application or filing until payment or other satisfactory arrangement is made. If payment or satisfactory arrangement is not made within 30 days of the date of the original notification, the application will be dismissed. [ 52 FR 5289 , Feb. 20, 1987, as amended at 55 FR 19171 , May 8, 1990. Redesignated at 59 FR 30998 , June 16, 1994. Redesignated at 60 FR 5326 , Jan. 27, 1995, as amended at 69 FR 27847 , May 17, 2004. Redesignated and amended at 74 FR 3445 , Jan. 21, 2009] § 1.1115 Return or refund of charges. ( a ) All refunds will be issued to the payer named in the appropriate block of the FCC Form 159. The full amount of any fee submitted will be returned or refunded, as appropriate, under the authority granted at § 0.231 . ( 1 ) When no fee is required for the application or other filing. ( see § 1.1111 ). ( 2 ) When the fee processing staff or bureau/office determines that an insufficient fee has been submitted within 30 calendar days of receipt of the application or filing and the application or filing is dismissed. ( 3 ) When the application is filed by an applicant who cannot fulfill a prescribed age requirement. ( 4 ) When the Commission adopts new rules that nullify applications already accepted for filing, or new law or treaty would render useless a grant or other positive disposition of the application. ( 5 ) When a waiver is granted in accordance with this subpart. Note: Payments in excess of an application fee will be refunded only if the overpayment is $10 or more. ( 6 ) When an application for new or modified facilities is not timely filed in accordance with the filing window as established by the Commission in a public notice specifying the earliest and latest dates for filing such applications. ( b ) Comparative hearings are no longer required. ( c ) Applicants in the Media Services for first-come, first-served construction permits will be entitled to a refund of the fee, if, within fifteen days of the issuance of a Public Notice, applicant indicates that there is a previously filed pending application for the same vacant channel, such applicant notifies the Commission that they no longer wish their application to remain on file behind the first applicant and any other applicants filed before his or her application, and the applicant specifically requests a refund of the fee paid and dismissal of his or her application. ( d ) Applicants for space station licenses under the first-come, first served procedure set forth in part 25 of this title will be entitled to a refund of the fee if, before the Commission has placed the application on public notice, the applicant notifies the Commission that it no longer wishes to keep its application on file behind the licensee and any other applicants who filed their applications before its application, and specifically requests a refund of the fee and dismissal of its application. [ 52 FR 5289 , Feb. 20, 1987, as amended at 53 FR 40889 , Oct. 19, 1988; 56 FR 795 , Jan. 9, 1991; 56 FR 56602 , Nov. 6, 1991. Redesignated at 59 FR 30998 , June 16, 1994. Redesignated at 60 FR 5326 , Jan. 27, 1995, as amended at 65 FR 49762 , Aug. 15, 2000; 67 FR 46303 , July 12, 2002; 67 FR 67337 , Nov. 5, 2002; 68 FR 51502 , Aug. 27, 2003; 69 FR 41177 , July 7, 2004; 71 54234, Sept. 14, 2006. Redesignated and amended at 74 FR 3445 , Jan. 21, 2009] § 1.1116 General exemptions to charges. No fee established in §§ 1.1102 through 1.1109 of this subpart , unless otherwise qualified herein, shall be required for: ( a ) Applications filed for the sole purpose of modifying an existing authorization (or a pending application for authorization) in order to comply with new or additional requirements of the Commission's rules or the rules of another Federal agency. However, if the applicant also requests an additional modification, renewal, or other action, the appropriate fee for such additional request must accompany the application. Cases in which a fee will be paid include applications by FM and TV licensees or permittees seeking to upgrade channel after a rulemaking. ( b ) Applicants in the Special Emergency Radio and Public Safety Radio Services that are government entities or nonprofit entities. Applicants claiming nonprofit status must include a current Internal Revenue Service Determination Letter documenting this nonprofit status. ( c ) Applicants, permittees or licensees of noncommercial educational (NCE) broadcast stations in the FM or TV services, as well as AM applicants, permittees or licensees operating in accordance with § 73.503 of this chapter . ( d ) Applicants, permittees, or licensees qualifying under paragraph (c) of this section requesting Commission authorization in any other mass media radio service (except the international broadcast (HF) service) private radio service, or common carrier radio communications service otherwise requiring a fee, if the radio service is used in conjunction with the NCE broadcast station on an NCE basis. ( e ) Other applicants, permittees, or licensees providing, or proposing to provide, an NCE or instructional service, but not qualifying under paragraph (c) of this section, may be exempt from filing fees, or be entitled to a refund, in the following circumstances. ( 1 ) An applicant is exempt from filing fees if it is an organization that, like the Public Broadcasting Service or National Public Radio, receives funding directly or indirectly through the Public Broadcasting Fund, 47 U.S.C. 396(k) , distributed by the Corporation for Public Broadcasting, where the authorization requested will be used in conjunction with the organization on an NCE basis; ( 2 ) An applicant for a translator or low power television station that proposes an NCE service will be entitled to a refund of fees paid for the filing of the application when, after grant, it provides proof that it has received funding for the construction of the station through the National Telecommunications and Information Administration (NTIA) or other showings as required by the Commission. ( 3 ) An applicant that has qualified for a fee refund under paragraph (e)(2) of this section and continues to operate as an NCE station is exempt from fees for broadcast auxiliary stations (subparts D, E, and F of part 74) or stations in the private radio or common carrier services where such authorization is to be used in conjunction with the NCE translator or low power station. ( f ) Applicants, permittees or licensees who qualify as governmental entities. For purposes of this exemption a governmental entity is defined as any state, possession, city, county, town, village, municipal corporation or similar political organization or subpart thereof controlled by publicly elected or duly appointed public officials exercising sovereign direction and control over their respective communities or programs. ( g ) Applications for Restricted Radiotelephone Operator Permits where the applicant intends to use the permit solely in conjunction with duties performed at radio facilities qualifying for fee exemption under paragraphs (c) , (d) , or (e) of this section. Note: Applicants claiming exemptions under the terms of this subpart must certify as to their eligibility for the exemption through a cover letter accompanying the application or filing. This certification is not required if the applicable FCC Form requests the information justifying the exemption. [ 52 FR 5289 , Feb. 20, 1987, as amended at 53 FR 40889 , Oct. 19, 1988; 55 FR 19172 , May 8, 1990; 56 FR 56602 , Nov. 6, 1991. Redesignated and amended at 59 FR 30998 , June 16, 1994. Redesignated at 60 FR 5326 , Jan. 27, 1995, as amended at 65 FR 49762 , Aug. 15, 2000; 69 FR 41177 , July 7, 2004; 71 FR 54234 , Sept. 14, 2006. Redesignated and amended at 74 FR 3445 , Jan. 21, 2009; 86 FR 15067 , Mar. 19, 2021] § 1.1117 Adjustments to charges. ( a ) The Schedule of Charges established by §§ 1.1102 through 1.1109 of this subpart shall be reviewed by the Commission on October 1, 1999 and every two years thereafter, and adjustments made, if any, will be reflected in the next publication of Schedule of Charges. ( 1 ) The fees will be adjusted by the Commission to reflect the percentage change in the Consumer Price Index for all Urban Consumers (CPI-U) from the date of enactment of the authorizing legislation (December 19, 1989) to the date of adjustment, and every two years thereafter, to reflect the percentage change in the CPI-U in the period between the enactment date and the adjustment date. ( 2 ) Adjustments based upon the percentage change in the CPI-U will be applied against the base fees as enacted or amended by Congress in the year the fee was enacted or amended. ( b ) Increases or decreases in charges will apply to all categories of fees covered by this subpart. Individual fees will not be adjusted until the increase or decrease, as determined by the net change in the CPI-U since the date of enactment of the authorizing legislation, amounts to at least $5 in the case of fees under $100, or 5% or more in the case of fees of $100 or greater. All fees will be adjusted upward to the next $5 increment. ( c ) Adjustments to fees made pursuant to these procedures will not be subject to notice and comment rulemakings, nor will these decisions be subject to petitions for reconsideration under § 1.429 of the rules. Requests for modifications will be limited to correction of arithmetical errors made during an adjustment cycle. [ 52 FR 5289 , Feb. 20, 1987, as amended at 53 FR 40889 , Oct. 19, 1988; 55 FR 19172 , May 8, 1990. Redesignated and amended at 59 FR 30998 , June 16, 1994. Redesignated at 60 FR 5326 , Jan. 27, 1995, as amended at 65 FR 49762 , Aug. 15, 2000; 69 FR 41177 , July 7, 2004. Redesignated and amended at 74 FR 3445 , Jan. 21, 2009] § 1.1118 Penalty for late or insufficient payments. ( a ) Filings subject to fees and accompanied by defective fee submissions will be dismissed under § 1.1111 (d) of this subpart where the defect is discovered by the Commission's staff within 30 calendar days from the receipt of the application or filing by the Commission. ( 1 ) A defective fee may be corrected by resubmitting the application or other filing, together with the entire correct fee. ( 2 ) For purposes of determining whether the filing is timely, the date of resubmission with the correct fee will be considered the date of filing. However, in cases where the fee payment fails due to error of the applicant's bank, as evidenced by an affidavit of an officer of the bank, the date of the original submission will be considered the date of filing. ( b ) Applications or filings accompanied by insufficient fees or no fees, or where such applications or filings are made by persons or organizations that are delinquent in fees owed to the Commission, that are inadvertently forwarded to Commission staff for substantive review will be billed for the amount due if the discrepancy is not discovered until after 30 calendar days from the receipt of the application or filing by the Commission. Applications or filings that are accompanied by insufficient fees or no fees will have a penalty charge equaling 25 percent of the amount due added to each bill. Any Commission action taken prior to timely payment of these charges is contingent and subject to rescission. ( c ) Applicants to whom a deferral of payment is granted under the terms of this subsection will be billed for the amount due plus a charge equalling 25 percent of the amount due. Any Commission actions taken prior to timely payment of these charges are contingent and subject to rescission. ( d ) Failure to submit fees, following notice to the applicant of failure to submit the required fee, is subject to collection of the fee, including interest thereon, any associated penalties, and the full cost of collection to the Federal government pursuant to the provisions of the Debt Collection Improvement Act of 1996 (DCIA), Public Law 104-134 , 110 Stat. 1321, 1358 (Apr. 26, 1996), codified at 31 U.S.C. 3711 et seq. See 47 CFR 1.1901 through 1.1952 . The debt collection processes described above may proceed concurrently with any other sanction in this paragraph. [ 52 FR 5289 , Feb. 20, 1987, as amended at 53 FR 40889 , Oct. 19, 1988; 55 FR 19172 , May 8, 1990. Redesignated and amended at 59 FR 30998 , June 16, 1994. Redesignated at 60 FR 5326 , Jan. 27, 1995, as amended at 67 FR 67337 , Nov. 5, 2002; 69 FR 41177 , July 7, 2004; 69 FR 27847 , May 17, 2004; 69 FR 41177 , July 7, 2004. Redesignated and amended at 74 FR 3445 , Jan. 21, 2009] Editorial Note Editorial Note: At 69 FR 57230 , Sept. 24, 2004, § 1.1116(a) introductory text was corrected by changing the reference to “ § 1.1109(b) ” to read “ § 1.1109(d) ”; however, the amendment could not be incorporated because that reference does not exist in the paragraph. § 1.1119 Petitions and applications for review. ( a ) The fees established by this subpart may be waived or deferred in specific instances where good cause is shown and where waiver or deferral of the fee would promote the public interest. ( b ) Requests for waivers or deferrals will only be considered when received from applicants acting in respect to their own applications. Requests for waivers or deferrals of entire classes of services will not be considered. ( c ) Petitions for waivers, deferrals, fee determinations, reconsiderations and applications for review will be acted upon by the Managing Director with the concurrence of the General Counsel. All such filings within the scope of the fee rules shall be filed as a separate pleading and clearly marked to the attention of the Managing Director. Any such request that is not filed as a separate pleading will not be considered by the Commission. Requests for deferral of a fee payment for financial hardship must be accompanied by supporting documentation. ( 1 ) Petitions and applications for review submitted with a fee must be submitted electronically or to the Commission's lock box bank at the address for the appropriate service as set forth in §§ 1.1102 through 1.1107 . ( 2 ) If no fee payment is submitted, the request should be filed electronically through the Commission's Electronic Comment Filing System or with the Commission's Secretary. ( d ) Deferrals of fees will be granted for an established period of time not to exceed six months. ( e ) Applicants seeking waivers must submit the request for waiver with the application or filing, required fee and FCC Form 159, or a request for deferral. A petition for waiver and/or deferral of payment must be submitted to the Office of the Managing Director as specified in paragraph (c) of this section. Waiver requests that do not include these materials will be dismissed in accordance with § 1.1111 of this subpart . Submitted fees will be returned if a waiver is granted. The Commission will not be responsible for delays in acting upon these requests. ( f ) Petitions for waiver of a fee based on financial hardship will be subject to the provisions of paragraph 1.1166(e). [ 52 FR 5289 , Feb. 20, 1987, as amended at 55 FR 19172 , May 8, 1990; 55 FR 38065 , Sept. 17, 1990. Redesignated and amended at 59 FR 30998 , June 16, 1994, as further amended at 59 FR 30999 , June 16, 1994. Redesignated at 60 FR 5326 , Jan. 27, 1995, as amended at 65 FR 49762 , Aug. 15, 2000; 66 FR 36202 , July 11, 2001; 67 FR 67337 , Nov. 5, 2002; 68 FR 48467 , Aug. 13, 2003. Redesignated and amended at 74 FR 3445 , Jan. 21, 2009; 83 FR 2556 , Jan. 18, 2018] § 1.1120 Error claims. ( a ) Applicants who wish to challenge a staff determination of an insufficient fee or delinquent debt may do so in writing. A challenge to a determination that a party is delinquent in paying the full application fee must be accompanied by suitable proof that the fee had been paid or waived (or deferred from payment during the period in question), or by the required application payment and any assessment penalty payment ( see § 1.1118 ). Failure to comply with these procedures will result in dismissal of the challenge. These claims should be addressed to the Federal Communications Commission at the address indicated in 47 CFR 0.401(a) , Attention: Financial Operations, or emailed to ARINQUIRIES@fcc.gov . ( b ) Actions taken by Financial Operations staff are subject to the reconsideration and review provisions of §§ 1.106 and 1.115 of this part , EXCEPT THAT reconsideration and/or review will only be available where the applicant has made the full and proper payment of the underlying fee as required by this subpart. ( 1 ) Petitions for reconsideration and/or applications for review submitted by applicants that have not made the full and proper fee payment will be dismissed; and ( 2 ) If the fee payment should fail while the Commission is considering the matter, the petition for reconsideration or application for review will be dismissed. [ 52 FR 5289 , Feb. 20, 1987, as amended at 53 FR 40889 , Oct. 19, 1988. Redesignated at 59 FR 30998 , June 16, 1994. Redesignated at 60 FR 5326 , Jan. 27, 1995, as amended at 65 FR 49763 , Aug. 15, 2000; 69 FR 27848 , May 17, 2004. Redesignated and amended at 74 FR 3445 , Jan. 21, 2009; 85 FR 64405 , Oct. 13, 2020] § 1.1121 Billing procedures. ( a ) The fees required for the International Telecommunications Settlements ( § 1.1103 of this subpart ), Accounting and Audits Field Audits and Review of Arrest Audits ( § 1.1106 of this subpart ) should not be paid with the filing or submission of the request. The fees required for requests for Special Temporary Authority ( see generally §§ 1.1102 , 1.1104 , 1.1106 & 1.1107 of this subpart) that the applicant believes is of an urgent or emergency nature and are filed directly with the appropriate Bureau or Office should not be paid with the filing of the request with that Bureau or Office. ( b ) In these cases, the appropriate fee will be determined by the Commission and the filer will be billed for that fee. The bill will set forth the amount to be paid, the date on which payment is due, and the address to which the payment should be submitted. See also § 1.1113 of this subpart . [ 55 FR 19172 , May 8, 1990, as amended at 58 FR 68541 , Dec. 28, 1993. Redesignated and amended at 59 FR 30998 , June 16, 1994. Redesignated at 60 FR 5326 , Jan. 27, 1995, as amended at 65 FR 49763 , Aug. 15, 2000; 67 FR 67337 , Nov. 5, 2002; 69 FR 41177 , July 7, 2004. Redesignated and amended at 74 FR 3445 , Jan. 21, 2009] § 1.1151 Authority to prescribe and collect regulatory fees. Authority to impose and collect regulatory fees is contained in section 9 of the Communications Act, as amended by sections 101-103 of title I of the Consolidated Appropriations Act of 2018 ( Pub. L. 115-141 , 132 Stat. 1084), 47 U.S.C. 159 , which directs the Commission to prescribe and collect annual regulatory fees to recover the cost of carrying out the functions of the Commission. [ 87 FR 56554 , Sept. 14, 2022] § 1.1152 Schedule of annual regulatory fees for wireless radio services. Table 1 to § 1.1152 Exclusive use services (per license) Fee amount 1. Land Mobile (Above 470 MHz and 220 MHz Local, Base Station & SMRS) ( 47 CFR part 90 ): (a) New, Renew/Mod (FCC 601 & 159) $25.00 (b) New, Renew/Mod (Electronic Filing) (FCC 601 & 159) 25.00 (c) Renewal Only (FCC 601 & 159) 25.00 (d) Renewal Only (Electronic Filing) (FCC 601 & 159) 25.00 220 MHz Nationwide: (a) New, Renew/Mod (FCC 601 & 159) 25.00 (b) New, Renew/Mod (Electronic Filing) (FCC 601 & 159) 25.00 (c) Renewal Only (FCC 601 & 159) 25.00 (d) Renewal Only (Electronic Filing) (FCC 601 & 159) 25.00 2. Microwave ( 47 CFR part 101 ) (Private): (a) New, Renew/Mod (FCC 601 & 159) 25.00 (b) New, Renew/Mod (Electronic Filing) (FCC 601 & 159) 25.00 (c) Renewal Only (FCC 601 & 159) 25.00 (d) Renewal Only (Electronic Filing) (FCC 601 & 159) 25.00 3. Shared Use Services— Land Mobile (Frequencies Below 470 MHz—except 220 MHz): (a) New, Renew/Mod (FCC 601 & 159) 10.00 (b) New, Renew/Mod (Electronic Filing) (FCC 601 & 159) 10.00 (c) Renewal Only (FCC 601 & 159) 10.00 (d) Renewal Only (Electronic Filing) (FCC 601 & 159) 10.00 Rural Radio ( 47 CFR part 22 ): (a) New, Additional Facility, Major Renew/Mod (Electronic Filing) (FCC 601 & 159) 10.00 (b) Renewal, Minor Renew/Mod (Electronic Filing) 10.00 4. Marine Coast: (a) New Renewal/Mod (FCC 601 & 159) 40.00 (b) New, Renewal/Mod (Electronic Filing) (FCC 601 & 159) 40.00 (c) Renewal Only (FCC 601 & 159) 40.00 (d) Renewal Only (Electronic Filing) (FCC 601 & 159) 40.00 5. Aviation Ground: (a) New, Renewal/Mod (FCC 601 & 159) 20.00 (b) New, Renewal/Mod (Electronic Filing) (FCC 601 & 159) 20.00 (c) Renewal Only (FCC 601 & 159) 20.00 (d) Renewal Only (Electronic Only) (FCC 601 & 159) 20.00 6. Marine Ship: (a) New, Renewal/Mod (FCC 605 & 159) 15.00 (b) New, Renewal/Mod (Electronic Filing) (FCC 605 & 159) 15.00 (c) Renewal Only (FCC 605 & 159) 15.00 (d) Renewal Only (Electronic Filing) (FCC 605 & 159) 15.00 7. Aviation Aircraft: (a) New, Renew/Mod (FCC 605 & 159) 10.00 (b) New, Renew/Mod (Electronic Filing) (FCC 605 & 159) 10.00 (c) Renewal Only (FCC 605 & 159) 10.00 (d) Renewal Only (Electronic Filing) (FCC 605 & 159) 10.00 8. CMRS Cellular/Mobile Services (per unit) (FCC 159) 1 .16 9. CMRS Messaging Services (per unit) (FCC 159) 2 .08 10. Broadband Radio Service (formerly MMDS and MDS) 700 11. Local Multipoint Distribution Service 700 1 These are standard fees that are to be paid in accordance with § 1.1157(b) of this chapter . 2 These are standard fees that are to be paid in accordance with § 1.1157(b) of this chapter . [ 88 FR 63744 , Sept. 15, 2023] § 1.1153 Schedule of annual regulatory fees and filing locations for mass media services. Table 1 to § 1.1153 Radio [AM and FM] ( 47 CFR part 73 ) Fee amount 1. AM Class A: ≤10,000 population $595 10,001-25,000 population 990 25,001-75,000 population 1,485 75,001-150,000 population 2,230 150,001-500,000 population 3,345 500,001-1,200,000 population 5,010 1,200,001-3,000,000 population 7,525 3,000,001-6,000,000 population 11,275 >6,000,000 population 16,920 2. AM Class B: ≤10,000 population 430 10,001-25,000 population 715 25,001-75,000 population 1,075 75,001-150,000 population 1,610 150,001-500,000 population 2,415 500,001-1,200,000 population 3,620 1,200,001-3,000,000 population 5,435 3,000,001-6,000,000 population 8,145 >6,000,000 population 12,220 3. AM Class C: ≤10,000 population 370 10,001-25,000 population 620 25,001-75,000 population 930 75,001-150,000 population 1,395 150,001-500,000 population 2,095 500,001-1,200,000 population 3,135 1,200,001-3,000,000 population 4,710 3,000,001-6,000,000 population 7,060 >6,000,000 population 10,595 4. AM Class D: ≤10,000 population 410 10,001-25,000 population 680 25,001-75,000 population 75,001-150,000 population 1,530 150,001-500,000 population 2,300 500,001-1,200,000 population 3,440 1,200,001-3,000,000 population 5,170 3,000,001-6,000,000 population 7,745 >6,000,000 population 11,620 5. AM Construction Permit 620 6. FM Classes A, B1 and C3: ≤10,000 population 650 10,001-25,000 population 1,085 25,001-75,000 population 1,630 75,001-150,000 population 2,440 150,001-500,000 population 3,665 500,001-1,200,000 population 5,490 1,200,001-3,000,000 population 8,245 3,000,001-6,000,000 population 12,360 >6,000,000 population 18,545 7. FM Classes B, C, C0, C1 and C2: ≤10,000 population 745 10,001-25,000 population 1,240 25,001-75,000 population 1,860 75,001-150,000 population 2,790 150,001-500,000 population 4,190 500,001-1,200,000 population 6,275 1,200,001-3,000,000 population 9,425 3,000,001-6,000,000 population 14,125 >6,000,000 population 21,190 8. FM Construction Permits: 1,085 TV ( 47 CFR part 73 ) 9. Digital TV (UHF and VHF Commercial Stations): 1. Digital TV Construction Permits 5,100 2. Television Fee Factor .007799 per pop 10. Low Power TV, Class A TV, FM Translator, & TV/FM Booster ( 47 CFR part 74 ) 260 [ 88 FR 63744 , Sept. 15, 2023] § 1.1154 Schedule of annual regulatory charges for common carrier services. Table 1 to § 1.1154 Radio facilities Fee amount 1. Microwave (Domestic Public Fixed) (Electronic Filing) (FCC Form 601 & 159) Carriers $25.00. 1. Interstate Telephone Service Providers (per interstate and international end-user revenues (see FCC Form 499-A) $.00540. 2. Toll Free Number Fee $.13 per Toll Free Number. [ 88 FR 63744 , Sept. 15, 2023] § 1.1155 Schedule of regulatory fees for cable television services. Table 1 to § 1.1155 Fee amount 1. Cable Television Relay Service $1,720 2. Cable TV System, Including IPTV (per subscriber), and DBS (per subscriber) 1.23 [ 88 FR 63744 , Sept. 15, 2023] § 1.1156 Schedule of regulatory fees for international services. ( a ) Geostationary orbit (GSO) and non-geostationary orbit (NGSO) space stations. The following schedule applies for the listed services: Table 1 to Paragraph ( a ) Fee category Fee amount Space Stations (Geostationary Orbit) $117,580 Space Stations (Non-Geostationary Orbit)—Other 347,755 Space Stations (Non-Geostationary Orbit)—Less Complex 130,405 Space Stations (per license/call sign in non-geostationary orbit) ( 47 CFR part 25 ) (Small Satellite) 12,215 Earth Stations: Transmit/Receive & Transmit only (per authorization or registration) 575 ( b ) International terrestrial and satellite Bearer Circuits. ( 1 ) Regulatory fees for International Bearer Circuits are to be paid by facilities-based common carriers that have active (used or leased) international bearer circuits as of December 31 of the prior year in any terrestrial or satellite transmission facility for the provision of service to an end user or resale carrier, which includes active circuits to themselves or to their affiliates. In addition, non-common carrier terrestrial and satellite operators must pay a fee for each active circuit sold or leased to any customer, including themselves or their affiliates, other than an international common carrier authorized by the Commission to provide U.S. international common carrier services. “Active circuits” for purposes of this paragraph (b) include backup and redundant circuits. In addition, whether circuits are used specifically for voice or data is not relevant in determining that they are active circuits. ( 2 ) The fee amount, per active Gbps circuit will be determined for each fiscal year. Table 2 to Paragraph ( b )(2) International terrestrial and satellite (capacity as of December 31, 2022) Fee amount Terrestrial Common Carrier and Non-Common Carrier Satellite Common Carrier and Non-Common Carrier $26 per Gbps circuit. ( c ) Submarine cable. Regulatory fees for submarine cable systems will be paid annually, per cable landing license, for all submarine cable systems operating based on their lit capacity as of December 31 of the prior year. The fee amount will be determined by the Commission for each fiscal year. Table 3 to Paragraph ( c )—FY 2023 International Bearer Circuits—Submarine Cable Systems Submarine cable systems (lit capacity as of December 31, 2022) Fee ratio (units) FY 2022 Regulatory fees Less than 50 Gbps .0625 $7,680 50 Gbps or greater, but less than 250 Gbps .125 15,355 250 Gbps or greater, but less than 1,500 Gbps .25 30,705 1,500 Gbps or greater, but less than 3,500 Gbps .5 61,410 3,500 Gbps or greater, but less than 6,500 Gbps 1.0 122,815 6,500 Gbps or greater 2.0 245,630 [ 88 FR 63744 , Sept. 15, 2023] § 1.1157 Payment of charges for regulatory fees. Payment of a regulatory fee, required under §§ 1.1152 through 1.1156 , shall be filed in the following manner: ( a ) ( 1 ) The amount of the regulatory fee payment that is due with any application for authorization shall be the multiple of the number of years in the entire term of the requested license or other authorization multiplied by the annual fee payment required in the Schedule of Regulatory Fees, effective at the time the application is filed. Except as set forth in § 1.1160 , advance payments shall be final and shall not be readjusted during the term of the license or authorization, notwithstanding any subsequent increase or decrease in the annual amount of a fee required under the Schedule of Regulatory Fees. ( 2 ) Failure to file the appropriate regulatory fee due with an application for authorization will result in the return of the accompanying application, including an application for which the Commission has assigned a specific filing deadline. ( b ) ( 1 ) Payments of standard regulatory fees applicable to certain wireless radio, mass media, common carrier, cable and international services shall be filed in full on an annual basis at a time announced by the Commission or the Managing Director, pursuant to delegated authority, and published in the Federal Register. ( 2 ) Large regulatory fees, as annually defined by the Commission, may be submitted in installment payments or in a single payment on a date certain as announced by the Commission or the Managing Director, pursuant to delegated authority, and published in the Federal Register. ( c ) Standard regulatory fee payments, as well as any installment payment, must be filed with a FCC Form 159, FCC Remittance Advice, and a FCC Form 159C, Remittance Advice Continuation Sheet, if additional space is needed. Failure to submit a copy of FCC Form 159 with a standard regulatory fee payment, or an installment payment, will result in the return of the submission and a 25 percent penalty if the payment is resubmitted after the date the Commission establishes for the payment of standard regulatory fees and for any installment payment. ( 1 ) Any late filed regulatory fee payment will be subject to the penalties set forth in section 1.1164 . ( 2 ) If one or more installment payments are untimely submitted or not submitted at all, the eligibility of the subject regulatee to submit installment payments may be cancelled. ( d ) Any Commercial Mobile Radio Service (CMRS) licensee subject to payment of an annual regulatory fee shall retain for a period of two (2) years from the date on which the regulatory fee is paid, those business records which were used to calculate the amount of the regulatory fee. [ 60 FR 34031 , June 29, 1995, as amended at 62 FR 59825 , Nov. 5, 1997; 67 FR 46306 , July 12, 2002] § 1.1158 Form of payment for regulatory fees. Any annual and multiple year regulatory fee payment must be submitted by online Automatic Clearing House (ACH) payment, online Visa, MasterCard, American Express, or Discover credit card payment, or wire transfer payment denominated in U.S. dollars and drawn on a United States financial institution and made payable to the Federal Communications Commission. No other credit card is acceptable. Any other form of payment for annual and multiple year regulatory fees (e.g., paper checks, cash) will be rejected and sent back to the payor. The Commission will not be responsible for cash, under any circumstances, sent through the mail. ( a ) Payors making wire transfer payments must submit an accompanying FCC Form 159-E via facsimile. ( b ) Multiple payment instruments for a single regulatory fee are not permitted, except that the Commission will accept multiple money orders in payment of any fee where the fee exceeds the maximum amount for a money order established by the issuing entity and the use of multiple money orders is the only practicable means available for payment. ( c ) Payment of multiple standard regulatory fees (including an installment payment) due on the same date, may be made with a single payment instrument and cover mass media, common carrier, international, and cable service fee payments. Each regulatee is solely responsible for accurately accounting for and listing each license or authorization and the number of subscribers, access lines, or other relevant units on the accompanying FCC Form 159 and, if needed, FCC Form 159C and for making full payment for every regulatory fee listed on the accompanying form. Any omission or payment deficiency of a regulatory fee will result in a 25 percent penalty of the amount due and unpaid. ( d ) Any regulatory fee payment (including a regulatory fee payment submitted with an application in the wireless radio service) made by credit card or money order must be submitted with a completed FCC Form 159. Failure to accurately enter the credit card number and date of expiration and the payor's signature in the appropriate blocks on FCC Form 159 will result in rejection of the credit card payment. [ 60 FR 34031 , June 29, 1995, as amended at 67 FR 46306 , July 12, 2002; 80 FR 66816 , Oct. 30, 2015] § 1.1159 Filing locations and receipts for regulatory fees. ( a ) Regulatory fee payments must be directed to the location and address set forth in §§ 1.1152 through 1.1156 for the specific category of fee involved. Any regulatory fee required to be submitted with an application must be filed as a part of the application package accompanying the application. The Commission will not take responsibility for matching fees, forms and applications submitted at different times or locations. ( b ) Petitions for reconsideration or applications for review of fee decisions submitted with a standard regulatory fee payment pursuant to §§ 1.1152 through 1.1156 of the rules are to be filed with the Commission's lockbox bank in the manner set forth in §§ 1.1152 through 1.1156 for payment of the fee subject to the petition for reconsideration or the application for review. Petitions for reconsideration and applications for review that are submitted with no accompanying payment should be filed with the Secretary, Federal Communications Commission, Attention: Managing Director, Washington, D.C. 20554. ( c ) Any request for exemption from a regulatory fee shall be filed with the Secretary, Federal Communications Commission, Attention: Managing Director, Washington, D.C. 20554, except that requests for exemption accompanied by a tentative fee payment shall be filed at the lockbox set forth for the appropriate service in §§ 1.1152 through 1.1156 . ( d ) The Commission will furnish a receipt for a regulatory fee payment only upon request. In order to obtain a receipt for a regulatory fee payment, the package must include an extra copy of the Form FCC 159 or, if a Form 159 is not required with the payment, a copy of the first page of the application or other filing submitted with the regulatory fee payment, submitted expressly for the purpose of serving as a receipt for the regulatory fee payment and application fee payment, if required. The document should be clearly marked “copy” and should be the top document in the package. The copy will be date stamped immediately and provided to the bearer of the submission, if hand delivered. For submissions by mail, the receipt copy will be provided through return mail if the filer has attached to the receipt copy a stamped self-addressed envelope of sufficient size to contain the receipt document. ( e ) The Managing Director may issue annually, at his discretion, a Public Notice setting forth the names of all commercial regulatees that have paid a regulatory fee and shall publish the Public Notice in the Federal Register. [ 60 FR 34032 , June 29, 1995, as amended at 62 FR 59825 , Nov. 5, 1997] § 1.1160 Refunds of regulatory fees. ( a ) Regulatory fees will be refunded, upon request, only in the following instances: ( 1 ) When no regulatory fee is required or an excessive fee has been paid. In the case of an overpayment, the refund amount will be based on the applicants', permittees', or licensees' entire submission. All refunds will be issued to the payor named in the appropriate block of the FCC Form 159. Payments in excess of a regulatory fee will be refunded only if the overpayment is $10.00 or more. ( 2 ) In the case of advance payment of regulatory fees, subject to § 1.1152 , a refund will be issued based on unexpired full years: ( i ) When the Commission adopts new rules that nullify a license or other authorization, or a new law or treaty renders a license or other authorization useless; ( ii ) When a licensee in the wireless radio service surrenders the license or other authorization subject to a fee payment to the Commission; or ( iii ) When the Commission declines to grant an application submitted with a regulatory fee payment. ( 3 ) When a waiver is granted in accordance with § 1.1166 . ( b ) No pro-rata refund of an annual fee will be issued. ( c ) No refunds will be issued based on unexpired partial years. ( d ) No refunds will be processed without a written request from the applicant, permittee, licensee or agent. [ 60 FR 34032 , June 29, 1995, as amended at 67 FR 46307 , July 12, 2002] § 1.1161 Conditional license grants and delegated authorizations. ( a ) Grant of any application or an instrument of authorization or other filing for which an annual or multiple year regulatory fee is required to accompany the application or filing will be conditioned upon final payment of the current or delinquent regulatory fees. Current annual and multiple year regulatory fees must be paid electronically as described in § 1.1112(e) . For all other fees, ( e.g., application fees, delinquent regulatory fees ) final payment shall mean receipt by the U.S. Treasury of funds cleared by the financial institution on which the check, cashier's check, or money order is drawn. Electronic payments are considered timely when a wire transfer was received by the Commission's bank no later than 6:00 p.m. on the due date; confirmation to pay.gov that a credit card payment was successful no later than 11:59 p.m. (EST) on the due date; or confirmation an ACH was credited no later than 11:59 p.m. (EST) on the due date. ( b ) In those instances where the Commission has granted a request for deferred payment of a regulatory fee, further processing of the application or filing or the grant of authority shall be conditioned upon final payment of the regulatory fee and any required penalties for late payment prescribed by the deferral decision. Failure to comply with the terms of the deferral decision shall result in the automatic dismissal of the submission or rescission of the Commission authorization. Further, the Commission shall: ( 1 ) Notify the grantee that the authorization has been rescinded. Upon such notification, the grantee will immediately cease operations initiated pursuant to the authorization; and ( 2 ) Treat as late filed any application resubmitted after the original deadline for filing the application. ( c ) ( 1 ) Where an applicant is found to be delinquent in the payment of regulatory fees, the Commission will make a written request for the fee, together with any penalties that may be rendered under this subpart. Such request shall inform the regulatee that failure to pay may result in the Commission withholding action on any application or request filed by the applicant. The staff shall also inform the regulatee of the procedures for seeking Commission review of the staff's determination. ( 2 ) If, after final determination that the fee is due or that the applicant is delinquent in the payment of fees and payment is not made in a timely manner, the staff will withhold action on the application or filing until payment or other satisfactory arrangement is made. If payment or satisfactory arrangement is not made within 30 days, the application will be dismissed. [ 60 FR 34032 , June 29, 1995, as amended at 69 FR 27848 , May 17, 2004; 80 FR 66816 , Oct. 30, 2015] § 1.1162 General exemptions from regulatory fees. No regulatory fee established in §§ 1.1152 through 1.1156 , unless otherwise qualified herein, shall be required for: (a) Applicants, permittees or licensees in the Amateur Radio Service, except that any person requesting a vanity call-sign shall be subject to the payment of a regulatory fee, as prescribed in § 1.1152 . ( b ) Applicants, permittees, or licensees who qualify as government entities. For purposes of this exemption, a government entity is defined as any state, possession, city, county, town, village, municipal corporation, or similar political organization or subpart thereof controlled by publicly elected or duly appointed public officials exercising sovereign direction and control over their respective communities or programs. ( c ) Applicants and permittees who qualify as nonprofit entities. For purposes of this exemption, a nonprofit entity is defined as: an organization duly qualified as a nonprofit, tax exempt entity under section 501 of the Internal Revenue Code, 26 U.S.C. 501 ; or an entity with current certification as a nonprofit corporation or other nonprofit entity by state or other governmental authority. ( 1 ) Any permittee, licensee or other entity subject to a regulatory fee and claiming an exemption from a regulatory fee based upon its status as a nonprofit entity, as described above, shall file with the Secretary of the Commission (Attn: Managing Director) written documentation establishing the basis for its exemption within 60 days of its coming under the regulatory jurisdiction of the Commission or at the time its fee payment would otherwise be due, whichever is sooner, or at such other time as required by the Managing Director. Acceptable documentation may include Internal Revenue Service determination letters, state or government certifications or other documentation that non-profit status has been approved by a state or other governmental authority. Applicants, permittees and licensees are required to file documentation of their nonprofit status only once, except upon request of the Managing Director. ( 2 ) Within sixty (60) days of a change in nonprofit status, a licensee or permittee previously claiming a 501(C) exemption is required to file with the Secretary of the Commission (Attn: Managing Director) written notice of such change in its nonprofit status or ownership. Additionally, for-profit purchasers or assignees of a license, station or facility previously licensed or operated by a non-profit entity not subject to regulatory fees must notify the Secretary of the Commission (Attn: Managing Director) of such purchase or reassignment within 60 days of the effective date of the purchase or assignment. ( d ) Applicants, permittees or licensees in the Special Emergency Radio and Public Safety Radio services. ( e ) Applicants, permittees or licensees of noncommercial educational (NCE) broadcast stations in the FM or TV services, as well as AM applicants, permittees or licensees operating in accordance with § 73.503 of this chapter . ( f ) Applicants, permittees, or licensees qualifying under paragraph (e) of this section requesting Commission authorization in any other mass media radio service (except the international broadcast (HF) service), wireless radio service, common carrier radio service, or international radio service requiring payment of a regulatory fee, if the service is used in conjunction with their NCE broadcast station on an NCE basis. ( g ) Other applicants, permittees or licensees providing, or proposing to provide, a NCE or instructional service, but not qualifying under paragraph (e) of this section, may be exempt from regulatory fees, or be entitled to a refund, in the following circumstances: ( 1 ) The applicant, permittee or licensee is an organization that, like the Public Broadcasting Service or National Public Radio, receives funding directly or indirectly through the Public Broadcasting Fund, 47 U.S.C. 396(k) , distributed by the Corporation for Public Broadcasting, where the authorization requested will be used in conjunction with the organization on an NCE basis; ( 2 ) An applicant, permittee or licensee of a translator or low power television station operating or proposing to operate an NCE service who, after grant, provides proof that it has received funding for the construction of the station through the National Telecommunications and Information Administration (NTIA) or other showings as required by the Commission; or ( 3 ) An applicant, permittee, or licensee provided a fee refund under § 1.1160 and operating as an NCE station, is exempt from fees for broadcast auxiliary stations (subparts D, E, F, and G of part 74 of this chapter ) or stations in the wireless radio, common carrier, or international services where such authorization is to be used in conjunction with the NCE translator or low power station. ( h ) An applicant, permittee or licensee that is the licensee in the Educational Broadband Service (EBS) (formerly, Instructional Television Fixed Service (ITFS)) (parts 27 and 74, e.g., §§ 27.1200 , et seq., and 74.832(b), of this chapter) is exempt from regulatory fees where the authorization requested will be used by the applicant in conjunction with the provision of the EBS. ( i ) Applications filed in the wireless radio service for the sole purpose of modifying an existing authorization (or a pending application for authorization). However, if the applicant also requests a renewal or reinstatement of its license or other authorization for which the submission of a regulatory fee is required, the appropriate regulatory fee for such additional request must accompany the application. [ 60 FR 34033 , June 29, 1995, as amended at 60 FR 34904 , July 5, 1995; 62 FR 59825 , Nov. 5, 1997; 71 FR 43872 , Aug. 2, 2006] § 1.1163 Adjustments to regulatory fees. ( a ) For Fiscal Year 2019 and thereafter, the Schedule of Regulatory Fees, contained in §§ 1.1152 through 1.1156 , may be adjusted annually by the Commission pursuant to section 9 of the Communications Act. 47 U.S.C. 159 , as amended. Adjustments to the fees established for any category of regulatory fee payment shall include projected cost increases or decreases and an estimate of the volume of units upon which the regulatory fee is calculated. ( b ) The fees assessed shall: ( 1 ) Be derived by determining the full-time equivalent number of employees, bureaus and offices of the Commission, adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities; and ( 2 ) Be established at amounts that will result in collection, during each fiscal year, of an amount that can reasonably be expected to equal the amount appropriated for such fiscal year for the performance of the activities described in paragraph (b)(1) of this section. ( c ) The Commission shall by rule amend the Schedule of Regulatory Fees by increases or decreases that reflect, in accordance with paragraph (b)(2) of this section, changes in the amount appropriated for the performance of the activities described in paragraph (b)(1) of this section, for such fiscal year. Such increases or decreases shall be adjusted to reflect unexpected increases or decreases in the number of units subject to payment of such fees and result in collection of an aggregate amount of fees that will approximately equal the amount appropriated for the subject regulatory activities. ( d ) The Commission shall, by rule, amend the Schedule of Regulatory Fees if the Commission determines that the Schedule requires amendment to comply with the requirements of paragraph (b)(1) of this section. ( e ) In adjusting regulatory fees, the Commission will round such fees to the nearest $5.00 in the case of fees under $1,000.00, or to the nearest $25.00 in the case of fees of $1,000.00 or more. [ 84 FR 51002 , Sept. 26, 2019] § 1.1164 Penalties for late or insufficient regulatory fee payments. Electronic payments are considered timely when a wire transfer was received by the Commission's bank no later than 6:00 p.m. on the due date; confirmation to pay.gov that a credit card payment was successful no later than 11:59 p.m. (EST) on the due date; or confirmation an ACH was credited no later than 11:59 p.m. (EST) on the due date. In instances where a non-annual regulatory payment ( i.e., delinquent payment) is made by check, cashier's check, or money order, a timely fee payment or installment payment is one received at the Commission's lockbox bank by the due date specified by the Commission or by the Managing Director. Where a non-annual regulatory fee payment is made by check, cashier's check, or money order, a timely fee payment or installment payment is one received at the Commission's lockbox bank by the due date specified by the Commission or the Managing Director. Any late payment or insufficient payment of a regulatory fee, not excused by bank error, shall subject the regulatee to a 25 percent penalty of the amount of the fee or installment payment which was not paid in a timely manner. ( a ) The Commission may, in its discretion, following one or more late filed installment payments, require a regulatee to pay the entire balance of its regulatory fee by a date certain, in addition to assessing a 25 percent penalty. ( b ) In cases where a fee payment fails due to error by the payor's bank, as evidenced by an affidavit of an officer of the bank, the date of the original submission will be considered the date of filing. ( c ) If a regulatory fee is not paid in a timely manner, the regulatee will be notified of its deficiency. This notice will automatically assess a 25 percent penalty, subject the delinquent payor's pending applications to dismissal, and may require a delinquent payor to show cause why its existing instruments of authorization should not be subject to revocation. ( d ) ( 1 ) Where a regulatee's new, renewal or reinstatement application is required to be filed with a regulatory fee (as is the case with wireless radio services), the application will be dismissed if the regulatory fee is not included with the application package. In the case of a renewal or reinstatement application, the application may not be refiled unless the appropriate regulatory fee plus the 25 percent penalty charge accompanies the refiled application. ( 2 ) If the application that must be accompanied by a regulatory fee is a mutually exclusive application with a filing deadline, or any other application that must be filed by a date certain, the application will be dismissed if not accompanied by the proper regulatory fee and will be treated as late filed if resubmitted after the original date for filing application. ( e ) Any pending or subsequently filed application submitted by a party will be dismissed if that party is determined to be delinquent in paying a standard regulatory fee or an installment payment. The application may be resubmitted only if accompanied by the required regulatory fee and by any assessed penalty payment. ( f ) In instances where the Commission may revoke an existing instrument of authorization for failure to timely pay a regulatory fee, or any associated interest or penalty, the Commission will provide prior notice of its intent to revoke the licensee's instruments of authorization by registered mail, return receipt requested to the licensee at its last known address. The notice shall provide the licensee no less than 60 days to either pay the fee, penalty and interest in full or show cause why the fee, interest or penalty is inapplicable or should otherwise be waived or deferred. ( 1 ) An adjudicatory hearing will not be designated unless the response by the regulatee to the Order to Show Cause presents a substantial and material question of fact. ( 2 ) Disposition of the proceeding shall be based upon written evidence only and the burden of proceeding with the introduction of the evidence and the burden of proof shall be on the respondent regulatee. ( 3 ) Unless the regulatee substantially prevails in the hearing, the Commission may assess costs for the conduct of the proceeding against the respondent regulatee. See 47 U.S.C. 402(b)(5) . ( 4 ) Any Commission order adopted under the regulation in paragraph (f) of this section shall determine the amount due, if any, and provide the licensee with at least 60 days to pay that amount or have its authorization revoked. ( 5 ) No order of revocation under this section shall become final until the licensee has exhausted its right to judicial review of such order under 47 U.S.C. 402(b)(5) . ( 6 ) Any regulatee failing to submit a regulatory fee, following notice to the regulatee of failure to submit the required fee, is subject to collection of the required fee, including interest thereon, any associated penalties, and the full cost of collection to the Federal Government pursuant to section 3702A of the Internal Revenue Code, 31 U.S.C. 3717 , and the provisions of the Debt Collection Improvement Act. See §§ 1.1901 through 1.1952 . The debt collection processes described in paragraphs (a) through (f)(5) of this section may proceed concurrently with any other sanction in this paragraph (f)(6) . ( 7 ) An application or filing by a regulatee that is delinquent in its debt to the Commission is also subject to dismissal under § 1.1910 . [ 84 FR 51002 , Sept. 26, 2019] § 1.1165 Payment by cashier's check for regulatory fees. Payment by cashier's check may be required when a person or organization makes payment, on one or more occasions, with a payment instrument on which the Commission does not receive final payment and such error is not excused by bank error. [ 60 FR 34034 , June 29, 1995] § 1.1166 Waivers, reductions and deferrals of regulatory fees. The fees established by §§ 1.1152 through 1.1156 and associated interest charges and penalties may be waived, reduced or deferred in specific instances, on a case-by-case basis, where good cause is shown and where waiver, reduction or deferral of such fees, interest charges and penalties would promote the public interest. Requests to pay fees established by §§ 1.1152 through 1.1156 and associated interest charges and penalties in installments may be granted in accordance with § 1.1914 . Requests for waiver, reduction or deferral of regulatory fees for entire categories of payors will not be considered. ( a ) Requests for waiver, reduction or deferral of regulatory fees shall be filed electronically, by submission to the following email address: regfeerelief@fcc.gov . All requests for waiver, reduction and deferral shall be acted upon by the Managing Director with the concurrence of the General Counsel. All such requests made pursuant to § 1.1166 may be combined in a single pleading. ( b ) Deferrals of fees, interest, or penalties if granted, will be for a designated period of time not to exceed six months. ( c ) Petitions for waiver of a regulatory fee, interest, or penalties must be accompanied by the required fee, interest, or penalties and FCC Form 159. Submitted fees, interest, or penalties will be returned if a waiver is granted. Waiver requests that do not include the required fees, interest, or penalties or forms will be dismissed unless a request to defer payment due to financial hardship, supported by documentation of the financial hardship, is included in the filing. ( d ) Petitions for reduction of a fee, interest, or penalty must be accompanied by the full fee, interest, or penalty payment and FCC Form 159. Petitions for reduction that do not include the required fees, interest, or penalties or forms will be dismissed unless a request to defer payment due to financial hardship, supported by documentation of the financial hardship, is included in the filing. ( e ) Petitions for waiver of a fee, interest, or penalty based on financial hardship, including bankruptcy, will not be granted, even if otherwise consistent with Commission policy, to the extent that the total regulatory and application fees, interest, or penalties for which waiver is sought exceeds $500,000 in any fiscal year, including regulatory fees due in any fiscal year, but paid prior to the due date. In computing this amount, the amounts owed by an entity and its subsidiaries and other affiliated entities will be aggregated. In cases where the claim of financial hardship is not based on bankruptcy, waiver, partial waiver, or deferral of fees, interest, or penalties above the $500,000 cap may be considered on a case-by-case basis. [ 88 FR 63747 , Sept. 15, 2023] § 1.1167 Error claims related to regulatory fees. ( a ) Challenges to determinations or an insufficient regulatory fee payment or delinquent fees should be made in writing. A challenge to a determination that a party is delinquent in paying a standard regulatory fee must be accompanied by suitable proof that the fee had been paid or waived (deferred from payment during the period in question), or by the required regulatory payment and any assessed penalty payment (see § 1.1164(c) of this subpart ). Challenges submitted with a fee payment must be submitted to address stated on the invoice or billing statement. Challenges not accompanied by a fee payment should be filed with the Commission's Secretary and clearly marked to the attention of the Managing Director or emailed to ARINQUIRIES@fcc.gov . ( b ) The filing of a petition for reconsideration or an application for review of a fee determination will not relieve licensees from the requirement that full and proper payment of the underlying fee payment be submitted, as required by the Commission's action, or delegated action, on a request for waiver, reduction or deferment. Petitions for reconsideration and applications for review submitted with a fee payment must be submitted to the same location as the original fee payment. Petitions for reconsideration and applications for review not accompanied by a fee payment should be filed with the Commission's Secretary and clearly marked to the attention of the Managing Director. ( 1 ) Failure to submit the fee by the date required will result in the assessment of a 25 percent penalty. ( 2 ) If the fee payment should fail while the Commission is considering the matter, the petition for reconsideration or application for review will be dismissed. [ 60 FR 34035 , June 29, 1995, as amended at 69 FR 27848 , May 17, 2004] § 1.1181 Authority to prescribe and collect fees for competitive bidding-related services and products. Authority to prescribe, impose, and collect fees for expenses incurred by the government is governed by the Independent Offices Appropriation Act of 1952, as amended, 31 U.S.C. 9701 , which authorizes agencies to prescribe regulations that establish charges for the provision of government services and products. Under this authority, the Federal Communications Commission may prescribe and collect fees for competitive bidding-related services and products as specified in § 1.1182 . [ 60 FR 38280 , July 26, 1995] § 1.1182 Schedule of fees for products and services provided by the Commission in connection with competitive bidding procedures. Product or service Fee amount Payment procedure On-line remote access 900 Number Telephone Service) 2.30 per minute Charges included on customer's long distance telephone bill. Remote Bidding Software $175.00 per package Payment to auction contractor by credit card or check. (Public Notice will specify exact payment procedures.) Bidder Information Package First package free; $16.00 per additional package (including postage) to same person or entity Payment to auction contractor by credit card or check. (Public Notice will specify exact payment procedures.) [ 60 FR 38280 , July 26, 1995] Subpart H—Ex Parte Communications Source: 52 FR 21052 , June 4, 1987, unless otherwise noted. General § 1.1200 Introduction. ( a ) Purpose. To ensure the fairness and integrity of its decision-making, the Commission has prescribed rules to regulate ex parte presentations in Commission proceedings. These rules specify “exempt” proceedings, in which ex parte presentations may be made freely ( § 1.1204(b) ), “permit-but-disclose” proceedings, in which ex parte presentations to Commission decision-making personnel are permissible but subject to certain disclosure requirements ( § 1.1206 ), and “restricted” proceedings in which ex parte presentations to and from Commission decision-making personnel are generally prohibited ( § 1.1208 ). In all proceedings, a certain period (”the Sunshine Agenda period”) is designated in which all presentations to Commission decision-making personnel are prohibited ( § 1.1203 ). The limitations on ex parte presentations described in this section are subject to certain general exceptions set forth in § 1.1204(a) . Where the public interest so requires in a particular proceeding, the Commission and its staff retain the discretion to modify the applicable ex parte rules by order, letter, or public notice. Joint Boards may modify the ex parte rules in proceedings before them. ( b ) Inquiries concerning the propriety of ex parte presentations should be directed to the Office of General Counsel. [ 62 FR 15853 , Apr. 3, 1997] § 1.1202 Definitions. For the purposes of this subpart, the following definitions apply: ( a ) Presentation. A communication directed to the merits or outcome of a proceeding, including any attachments to a written communication or documents shown in connection with an oral presentation directed to the merits or outcome of a proceeding. Excluded from this term are communications which are inadvertently or casually made, inquiries concerning compliance with procedural requirements if the procedural matter is not an area of controversy in the proceeding, statements made by decisionmakers that are limited to providing publicly available information about pending proceedings, and inquiries relating solely to the status of a proceeding, including inquiries as to the approximate time that action in a proceeding may be taken. However, a status inquiry which states or implies a view as to the merits or outcome of the proceeding or a preference for a particular party, which states why timing is important to a particular party or indicates a view as to the date by which a proceeding should be resolved, or which otherwise is intended to address the merits or outcome or to influence the timing of a proceeding is a presentation. A communication expressing concern about administrative delay or expressing concern that a proceeding be resolved expeditiously will be treated as a permissible status inquiry so long as no reason is given as to why the proceeding should be expedited other than the need to resolve administrative delay, no view is expressed as to the merits or outcome of the proceeding, and no view is expressed as to a date by which the proceeding should be resolved. A presentation by a party in a restricted proceeding not designated for hearing requesting action by a particular date or giving reasons that a proceeding should be expedited other than the need to avoid administrative delay (and responsive presentations by other parties) may be made on an ex parte basis subject to the provisions of § 1.1204(a)(11) . ( b ) Ex parte presentation. Any presentation which: ( 1 ) If written (including electronic submissions transmitted in the form of texts, such as for internet electronic mail), is not served on the parties to the proceeding; or ( 2 ) If oral, is made without advance notice to the parties and without opportunity for them to be present. ( c ) Decision-making personnel. Any member, officer, or employee of the Commission, or, in the case of a Joint Board, its members or their staffs, who is or may reasonably be expected to be involved in formulating a decision, rule, or order in a proceeding. Any person who has been made a party to a proceeding or who otherwise has been excluded from the decisional process shall not be treated as a decision-maker with respect to that proceeding. Thus, any person designated as part of a separate trial staff shall not be considered a decision-making person in the designated proceeding. Unseparated Bureau or Office staff shall be considered decision-making personnel with respect to decisions, rules, and orders in which their Bureau or Office participates in enacting, preparing, or reviewing. Commission staff serving as the case manager in a hearing proceeding in which the Commission is the presiding officer shall be considered decision-making personnel with respect to that hearing proceeding. ( d ) Party. Unless otherwise ordered by the Commission, the following persons are parties: ( 1 ) ( i ) In a proceeding not designated for hearing, any person who files an application, waiver request, petition, motion, request for a declaratory ruling, or other filing seeking affirmative relief (including a Freedom of Information Act request), and any person (other than an individual viewer or listener filing comments regarding a pending broadcast application or members of Congress or their staffs or branches of the Federal Government or their staffs) filing a written submission referencing and regarding such pending filing which is served on the filer, or, in the case of an application, any person filing a mutually exclusive application; ( ii ) Persons who file mutually exclusive applications for services that the Commission has announced will be subject to competitive bidding or lotteries shall not be deemed parties with respect to each others' applications merely because their applications are mutually exclusive. Therefore, such applicants may make presentations to the Commission about their own applications provided that no one has become a party with respect to their application by other means, e.g., by filing a petition or other opposition against the applicant or an associated waiver request, if the petition or opposition has been served on the applicant. ( iii ) Individual listeners or viewers submitting comments regarding a pending broadcast application pursuant to § 1.1204(a)(8) will not become parties simply by service of the comments. The Media Bureau may, in its discretion, make such a commenter a party, if doing so would be conducive to the Commission's consideration of the application or would otherwise be appropriate. ( 2 ) Any person who files a complaint or request to revoke a license or other authorization or for an order to show cause which shows that the complainant has served it on the subject of the complaint or which is a formal complaint under 47 U.S.C. 208 and § 1.721 or 47 U.S.C. 255 and either § 6.21 or § 7.21 of this chapter , and the person who is the subject of such a complaint or request that shows service or is a formal complaint under 47 U.S.C. 208 and § 1.721 or 47 U.S.C. 255 and either § 6.21 or § 7.21 of this chapter ; ( 3 ) The subject of an order to show cause, hearing designation order, notice of apparent liability, or similar notice or order, or petition for such notice or order; ( 4 ) In a proceeding designated for hearing, any person who has been given formal party status; and ( 5 ) In an informal rulemaking proceeding conducted under section 553 of the Administrative Procedure Act (other than a proceeding for the allotment of a broadcast channel) or a proceeding before a Joint Board or before the Commission to consider the recommendation of a Joint Board, members of the general public after the issuance of a notice of proposed rulemaking or other order as provided under § 1.1206(a)(1) or (2) . ( 6 ) To be deemed a party, a person must make the relevant filing with the Secretary, the relevant Bureau or Office, or the Commission as a whole. Written submissions made only to the Chairperson or individual Commissioners will not confer party status. ( 7 ) The fact that a person is deemed a party for purposes of this subpart does not constitute a determination that such person has satisfied any other legal or procedural requirements, such as the operative requirements for petitions to deny or requirements as to timeliness. Nor does it constitute a determination that such person has any other procedural rights, such as the right to intervene in hearing proceedings. The Commission or the staff may also determine in particular instances that persons who qualify as “parties” under this paragraph (d) should nevertheless not be deemed parties for purposes of this subpart. ( 8 ) A member of Congress or his or her staff, or other agencies or branches of the federal government or their staffs will not become a party by service of a written submission regarding a pending proceeding that has not been designated for hearing unless the submission affirmatively seeks and warrants grant of party status. ( e ) Matter designated for hearing. Any matter that has been designated for hearing before a presiding officer. [ 88 FR 21434 , Apr. 10, 2023] Sunshine Period Prohibition § 1.1203 Sunshine period prohibition. ( a ) With respect to any Commission proceeding, all presentations to decisionmakers concerning matters listed on a Sunshine Agenda, whether ex parte or not, are prohibited during the period prescribed in paragraph (b) of this section unless: ( 1 ) The presentation is exempt under § 1.1204(a) ; ( 2 ) The presentation relates to settlement negotiations and otherwise complies with any ex parte restrictions in this subpart; ( 3 ) The presentation occurs in the course of a widely attended speech or panel discussion and concerns a Commission action in an exempt or a permit-but-disclose proceeding that has been adopted (not including private presentations made on the site of a widely attended speech or panel discussion); or ( 4 ) The presentation is made by a member of Congress or his or her staff, or by other agencies or branches of the Federal government or their staffs in a proceeding exempt under § 1.1204 or subject to permit-but-disclose requirements under § 1.1206 . Except as otherwise provided in § 1.1204(a)(6) , if the presentation is of substantial significance and clearly intended to affect the ultimate decision, and is made in a permit-but-disclose proceeding, the presentation (or, if oral, a summary of the presentation) must be placed in the record of the proceeding by Commission staff or by the presenter in accordance with the procedures set forth in § 1.1206(b) . ( b ) The prohibition set forth in paragraph (a) of this section begins on the day (including business days and holidays) after the release of a public notice that a matter has been placed on the Sunshine Agenda until the Commission: ( 1 ) Releases the text of a decision or order relating to the matter; ( 2 ) Issues a public notice stating that the matter has been deleted from the Sunshine Agenda; or ( 3 ) Issues a public notice stating that the matter has been returned to the staff for further consideration, whichever occurs first. ( c ) The prohibition set forth in paragraph (a) of this section shall not apply to the filing of a written ex parte presentation or a memorandum summarizing an oral ex parte presentation made on the day before the Sunshine period begins, or a permitted reply thereto. [ 62 FR 15855 , Apr. 3, 1997, as amended at 64 FR 68947 , Dec. 9, 1999; 76 FR 24381 , May 2, 2011] General Exemptions § 1.1204 Exempt ex parte presentations and proceedings. ( a ) Exempt ex parte presentations. The following types of presentations are exempt from the prohibitions in restricted proceedings ( § 1.1208 ), the disclosure requirements in permit-but-disclose proceedings ( § 1.1206 ), and the prohibitions during the Sunshine Agenda period prohibition ( § 1.1203 ): ( 1 ) The presentation is authorized by statute or by the Commission's rules to be made without service, see, e.g., § 1.333(d) , or involves the filing of required forms; ( 2 ) The presentation is made by or to the General Counsel and his or her staff and concerns judicial review of a matter that has been decided by the Commission; ( 3 ) The presentation directly relates to an emergency in which the safety of life is endangered or substantial loss of property is threatened, provided that, if not otherwise submitted for the record, Commission staff promptly places the presentation or a summary of the presentation in the record and discloses it to other parties as appropriate. ( 4 ) The presentation involves a military or foreign affairs function of the United States or classified security information; ( 5 ) The presentation is to or from an agency or branch of the Federal Government or its staff and involves a matter over which that agency or branch and the Commission share jurisdiction provided that, any new factual information obtained through such a presentation that is relied on by the Commission in its decision-making process will, if not otherwise submitted for the record, be disclosed by the Commission no later than at the time of the release of the Commission's decision; ( 6 ) The presentation is to or from the United States Department of Justice or Federal Trade Commission and involves a communications matter in a proceeding which has not been designated for hearing and in which the relevant agency is not a party or commenter (in an informal rulemaking or Joint board proceeding) provided that, any new factual information obtained through such a presentation that is relied on by the Commission in its decision-making process will be disclosed by the Commission no later than at the time of the release of the Commission's decision; Note 1 to paragraph ( a ): Under paragraphs (a)(5) and (a)(6) of this section, information will be relied on and disclosure will be made only after advance coordination with the agency involved in order to ensure that the agency involved retains control over the timing and extent of any disclosure that may have an impact on that agency's jurisdictional responsibilities. If the agency involved does not wish such information to be disclosed, the Commission will not disclose it and will disregard it in its decision-making process, unless it fits within another exemption not requiring disclosure (e.g., foreign affairs). The fact that an agency's views are disclosed under paragraphs (a)(5) and (a)(6) does not preclude further discussions pursuant to, and in accordance with, the exemption. ( 7 ) The presentation is between Commission staff and an advisory coordinating committee member with respect to the coordination of frequency assignments to stations in the private land mobile services or fixed services as authorized by 47 U.S.C. 332 ; ( 8 ) The presentation is a written presentation made by a listener or viewer of a broadcast station who is not a party under § 1.1202(d)(1) , and the presentation relates to a pending application that has not been designated for hearing for a new or modified broadcast station or license, for renewal of a broadcast station license or for assignment or transfer of control of a broadcast permit or license; ( 9 ) The presentation is made pursuant to an express or implied promise of confidentiality to protect an individual from the possibility of reprisal, or there is a reasonable expectation that disclosure would endanger the life or physical safety of an individual; ( 10 ) The presentation is requested by (or made with the advance approval of) the Commission or staff for the clarification or adduction of evidence, or for resolution of issues, including possible settlement, subject to the following limitations: ( i ) This exemption does not apply to restricted proceedings designated for hearing; ( ii ) In restricted proceedings not designated for hearing, any new written information elicited from such request or a summary of any new oral information elicited from such request shall promptly be served by the person making the presentation on the other parties to the proceeding. Information relating to how a proceeding should or could be settled, as opposed to new information regarding the merits, shall not be deemed to be new information for purposes of this section. The Commission or its staff may waive the service requirement if service would be too burdensome because the parties are numerous or because the materials relating to such presentation are voluminous. If the service requirement is waived, copies of the presentation or summary shall be placed in the record of the proceeding and the Commission or its staff shall issue a public notice which states that copies of the presentation or summary are available for inspection. The Commission or its staff may determine that service or public notice would interfere with the effective conduct of an investigation and dispense with the service and public notice requirements; ( iii ) If the presentation is made in a proceeding subject to permit-but-disclose requirements, disclosure of any new written information elicited from such request or a summary of any new oral information elicited from such request must be made in accordance with the requirements of § 1.1206(b) , provided, however, that the Commission or its staff may determine that disclosure would interfere with the effective conduct of an investigation and dispense with the disclosure requirement. As in paragraph (a)(10)(ii) of this section, information relating to how a proceeding should or could be settled, as opposed to new information regarding the merits, shall not be deemed to be new information for purposes of this section; Note 2 to paragraph ( a ): If the Commission or its staff dispenses with the service or notice requirement to avoid interference with an investigation, a determination will be made in the discretion of the Commission or its staff as to when and how disclosure should be made if necessary. See Amendment of Subpart H, Part I, 2 FCC Rcd 6053, 6054 ¶¶ 10-14 (1987). ( iv ) If the presentation is made in a proceeding subject to the Sunshine period prohibition, disclosure must be made in accordance with the requirements of § 1.1206(b) or by other adequate means of notice that the Commission deems appropriate; ( v ) In situations where new information regarding the merits is disclosed during settlement discussions, and the Commission or staff intends that the product of the settlement discussions will be disclosed to the other parties or the public for comment before any action is taken, the Commission or staff in its discretion may defer disclosure of such new information until comment is sought on the settlement proposal or the settlement discussions are terminated. ( 11 ) The presentation is an oral presentation in a restricted proceeding not designated for hearing requesting action by a particular date or giving reasons that a proceeding should be expedited other than the need to avoid administrative delay. A detailed summary of the presentation shall promptly be filed in the record and served by the person making the presentation on the other parties to the proceeding, who may respond in support or opposition to the request for expedition, including by oral ex parte presentation, subject to the same service requirement. ( 12 ) The presentation is between Commission staff and: ( i ) The administrator of the interstate telecommunications relay services fund relating to administration of the telecommunications relay services fund pursuant to 47 U.S.C. 225 ; ( ii ) The North American Numbering Plan Administrator or the North American Numbering Plan Billing and Collection Agent relating to the administration of the North American Numbering Plan pursuant to 47 U.S.C. 251(e) ; ( iii ) The Universal Service Administrative Company relating to the administration of universal service support mechanisms pursuant to 47 U.S.C. 254 ; or ( iv ) The Number Portability Administrator relating to the administration of local number portability pursuant to 47 U.S.C. 251(b)(2) and (e) , provided that the relevant administrator has not filed comments or otherwise participated as a party in the proceeding; ( v ) The TRS Numbering Administrator relating to the administration of the TRS numbering directory pursuant to 47 U.S.C. 225 and 47 U.S.C. 251(e) ; or ( vi ) The Pooling Administrator relating to the administration of thousands-block number pooling pursuant to 47 U.S.C. 251(e) . ( b ) Exempt proceedings. Unless otherwise provided by the Commission or the staff pursuant to § 1.1200(a) , ex parte presentations to or from Commission decision-making personnel are permissible and need not be disclosed with respect to the following proceedings, which are referred to as “exempt” proceedings: ( 1 ) A notice of inquiry proceeding; ( 2 ) A petition for rulemaking, except for a petition requesting the allotment of a broadcast channel (see also § 1.1206(a)(1) ), or other request that the Commission modify its rules, issue a policy statement or issue an interpretive rule, or establish a Joint Board; ( 3 ) A tariff proceeding (including directly associated waiver requests or requests for special permission) prior to it being set for investigation (see also § 1.1206(a)(4) ); ( 4 ) A proceeding relating to prescription of common carrier depreciation rates under section 220(b) of the Communications Act prior to release of a public notice of specific proposed depreciation rates (see also § 1.1206(a)(9) ); ( 5 ) An informal complaint proceeding under 47 U.S.C. 208 and § 1.717 of this chapter or 47 U.S.C. 255 and either §§ 6.17 or 7.17 of this chapter ; and ( 6 ) A complaint against a cable operator regarding its rates that is not filed on the standard complaint form required by § 76.951 of this chapter (FCC Form 329). Notes 1-3 to paragraph ( b ): [Reserved] Note 4 to paragraph ( b ): In the case of petitions for rulemaking that seek Commission preemption of state or local regulatory authority, the petitioner must serve the original petition on any state or local government, the actions of which are specifically cited as a basis for requesting preemption. Service should be made on those bodies within the state or local governments that are legally authorized to accept service of legal documents in a civil context. Such pleadings that are not served will be dismissed without consideration as a defective pleading and treated as a violation of the ex parte rules unless the Commission determines that the matter should be entertained by making it part of the record under § 1.1212(d) and the parties are so informed. [ 62 FR 15855 , Apr. 3, 1997, as amended at 64 FR 63251 , Nov. 19, 1999; 64 FR 68948 , Dec. 9, 1999; 76 FR 24381 , May 2, 2011] Non-Restricted Proceedings § 1.1206 Permit-but-disclose proceedings. ( a ) Unless otherwise provided by the Commission or the staff pursuant to § 1.1200(a) , until the proceeding is no longer subject to administrative reconsideration or review or to judicial review, ex parte presentations (other than ex parte presentations exempt under § 1.1204(a) ) to or from Commission decision-making personnel are permissible in the following proceedings, which are referred to as permit-but-disclose proceedings, provided that ex parte presentations to Commission decision-making personnel are disclosed pursuant to paragraph (b) of this section: Note 1 to paragraph ( a ): In the case of petitions for declaratory ruling that seek Commission preemption of state or local regulatory authority and petitions for relief under 47 U.S.C. 332(c)(7)(B)(v) , the petitioner must serve the original petition on any state or local government, the actions of which are specifically cited as a basis for requesting preemption. Service should be made on those bodies within the state or local governments that are legally authorized to accept service of legal documents in a civil context. Such pleadings that are not served will be dismissed without consideration as a defective pleading and treated as a violation of the ex parte rules unless the Commission determines that the matter should be entertained by making it part of the record under § 1.1212(d) and the parties are so informed. ( 1 ) An informal rulemaking proceeding conducted under section 553 of the Administrative Procedure Act other than a proceeding for the allotment of a broadcast channel, upon release of a Notice of Proposed Rulemaking (see also § 1.1204(b)(2) ); ( 2 ) A proceeding involving a rule change, policy statement or interpretive rule adopted without a Notice of Proposed Rule Making upon release of the order adopting the rule change, policy statement or interpretive rule; ( 3 ) A declaratory ruling proceeding; ( 4 ) A tariff proceeding which has been set for investigation under section 204 or 205 of the Communications Act (including directly associated waiver requests or requests for special permission) (see also § 1.1204(b)(4) ); ( 5 ) Unless designated for hearing, a proceeding under section 214(a) of the Communications Act that does not also involve applications under Title III of the Communications Act (see also § 1.1208 ); ( 6 ) Unless designated for hearing, a proceeding involving an application for a Cable Landing Act license that does not also involve applications under Title III of the Communications Act (see also § 1.1208 ); ( 7 ) A proceeding involving a request for information filed pursuant to the Freedom of Information Act; Note 2 to paragraph ( a ): Where the requested information is the subject of a request for confidentiality, the person filing the request for confidentiality shall be deemed a party. ( 8 ) A proceeding before a Joint Board or a proceeding before the Commission involving a recommendation from a Joint Board; ( 9 ) A proceeding conducted pursuant to section 220(b) of the Communications Act for prescription of common carrier depreciation rates upon release of a public notice of specific proposed depreciation rates (see also § 1.1204(b)(4) ); ( 10 ) A proceeding to prescribe a rate of return for common carriers under section 205 of the Communications Act; and ( 11 ) A cable rate complaint proceeding pursuant to section 623(c) of the Communications Act where the complaint is filed on FCC Form 329. ( 12 ) [Reserved] ( 13 ) Petitions for Commission preemption of authority to review interconnection agreements under § 252(e)(5) of the Communications Act and petitions for preemption under § 253 of the Communications Act. Note 3 to paragraph ( a ): In a permit-but-disclose proceeding involving only one “party,” as defined in § 1.1202(d) of this section, the party and the Commission may freely make presentations to each other and need not comply with the disclosure requirements of paragraph (b) of this section. ( b ) The following disclosure requirements apply to ex parte presentations in permit but disclose proceedings: ( 1 ) Oral presentations. A person who makes an oral ex parte presentation subject to this section shall submit to the Commission's Secretary a memorandum that lists all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and summarizes all data presented and arguments made during the oral ex parte presentation. Memoranda must contain a summary of the substance of the ex parte presentation and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. If the oral ex parte presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Note to paragraph ( b )(1): Where, for example, presentations occur in the form of discussion at a widely attended meeting, preparation of a memorandum as specified in the rule might be cumbersome. Under these circumstances, the rule may be satisfied by submitting a transcript or recording of the discussion as an alternative to a memorandum. Likewise, Commission staff in its discretion may file an ex parte summary of a multiparty meeting as an alternative to having each participant file a summary. ( 2 ) Written and oral presentations. A written ex parte presentation and a memorandum summarizing an oral ex parte presentation (and cover letter, if any) shall clearly identify the proceeding to which it relates, including the docket number, if any, and must be labeled as an ex parte presentation. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and, accordingly, must be filed consistent with the provisions of this section. Consistent with the requirements of § 1.49 paragraphs (a) and (f), additional copies of all written ex parte presentations and notices of oral ex parte presentations, and any replies thereto, shall be mailed, e-mailed or transmitted by facsimile to the Commissioners or Commission employees who attended or otherwise participated in the presentation. ( i ) In proceedings governed by § 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, shall, when feasible, be filed through the electronic comment filing system available for that proceeding, and shall be filed in a native format (e.g., .doc, .xml, .ppt, searchable .pdf). If electronic filing would present an undue hardship, the person filing must request an exemption from the electronic filing requirement, stating clearly the nature of the hardship, and submitting an original and one copy of the written ex parte presentation or memorandum summarizing an oral ex parte presentation to the Secretary, with a copy by mail or by electronic mail to the Commissioners or Commission employees who attended or otherwise participated in the presentation. ( ii ) Confidential Information. In cases where a filer believes that one or more of the documents or portions thereof to be filed should be withheld from public inspection, the filer should file electronically a request that the information not be routinely made available for public inspection pursuant to § 0.459 of this chapter . Accompanying any such request, the filer shall include in paper form a copy of the document(s) containing the confidential information, and also shall file electronically a copy of the same document(s) with the confidential information redacted. The redacted document shall be machine-readable whenever technically possible. Where the document to be filed electronically contains metadata that is confidential or protected from disclosure by a legal privilege (including, for example, the attorney-client privilege), the filer may remove such metadata from the document before filing it electronically. ( iii ) Filing dates outside the Sunshine period. Except as otherwise provided in paragraphs (b)(2)(iv) and (v) of this section, all written ex parte presentations and all summaries of oral ex parte presentations must be filed no later than two business days after the presentation. As set forth in § 1.4(e)(2) , a “business day” shall not include a holiday (as defined in § 1.4(e)(1) ). In addition, for purposes of computing time limits under the rules governing ex parte presentations, a “business day” shall include the full calendar day ( i.e., from 12:00 a.m. Eastern Time until 11:59:59 p.m. Eastern Time). Example: On Tuesday a party makes an ex parte presentation in a permit-but-disclose proceeding to a Commissioner. The second business day following the ex parte presentation is the following Thursday (absent an intervening holiday). The presenting party must file its ex parte notice before the end of the day (11:59:59 p.m.) on Thursday. Similarly, if an ex parte presentation is made on Friday, the second business day ordinarily would be the following Tuesday, and the ex parte notice must be filed no later than 11:59:59 p.m. on that Tuesday. ( iv ) Filing dates for presentations made on the day that the Sunshine notice is released. For presentations made on the day the Sunshine notice is released, any written ex parte presentation or memorandum summarizing an oral ex parte presentation required pursuant to § 1.1206 or § 1.1208 must be submitted no later than the end of the next business day. Written replies, if any, shall be filed no later than two business days following the presentation, and shall be limited in scope to the specific issues and information presented in the ex parte filing to which they respond. Example: On Tuesday, a party makes an ex parte presentation in a permit-but-disclose proceeding to a Commissioner. That same day, the Commission's Secretary releases the Sunshine Agenda for the next Commission meeting and that proceeding appears on the Agenda. The Sunshine period begins as of Wednesday, and therefore the presenting party must file its ex parte notice by the end of the day (11:59:59 p.m.) on Wednesday. A reply would be due by the end of the day (11:59:59 p.m.) on Thursday. ( v ) Filing dates during the Sunshine Period. If an ex parte presentation is made pursuant to an exception to the Sunshine period prohibition, the written ex parte presentation or memorandum summarizing an oral ex parte presentation required under this paragraph shall be submitted by the end of the same business day on which the ex parte presentation was made. The memorandum shall identify plainly on the first page the specific exemption in § 1.1203(a) on which the presenter relies, and shall also state the date and time at which any oral ex parte presentation was made. Written replies to permissible ex parte presentations made pursuant to an exception to the Sunshine period prohibition, if any, shall be filed no later than the next business day following the presentation, and shall be limited in scope to the specific issues and information presented in the ex parte filing to which they respond. Example: On Tuesday, the Commission's Secretary releases the Sunshine Agenda for the next Commission meeting, which triggers the beginning of the Sunshine period on Wednesday. On Thursday, a party makes an ex parte presentation to a Commissioner on a proceeding that appears on the Sunshine Agenda. That party must file an ex parte notice by the end of the day (11:59:59 p.m.) on Thursday. A reply would be due by the end of the day (11:59:59 p.m.) on Friday. ( vi ) If a notice of an oral ex parte presentation is incomplete or inaccurate, staff may request the filer to correct any inaccuracies or missing information. Failure by the filer to file a corrected memorandum in a timely fashion as set forth in paragraph (b) of this section, or any other evidence of substantial or repeated violations of the rules on ex parte contacts, should be reported to the General Counsel. ( 3 ) Notwithstanding paragraphs (b)(1) and (2) of this section, permit-but-disclose proceedings involving presentations made by members of Congress or their staffs or by an agency or branch of the Federal Government or its staff shall be treated as ex parte presentations only if the presentations are of substantial significance and clearly intended to affect the ultimate decision. The Commission staff shall prepare written summaries of any such oral presentations and place them in the record in accordance with paragraph (b) of this section and also place any written presentations in the record in accordance with that paragraph. ( 4 ) Notice of ex parte presentations. The Commission's Secretary shall issue a public notice listing any written ex parte presentations or written summaries of oral ex parte presentations received by his or her office relating to any permit-but-disclose proceeding. Such public notices generally should be released at least twice per week. Note to paragraph ( b ): Interested persons should be aware that some ex parte filings, for example, those not filed in accordance with the requirements of this paragraph (b) , might not be placed on the referenced public notice. All ex parte presentations and memoranda filed under this section will be available for public inspection in the public file or record of the proceeding, and parties wishing to ensure awareness of all filings should review the public file or record. [ 62 FR 15856 , Apr. 3, 1997, as amended at 63 FR 24126 , May 1, 1998; 64 FR 68948 , Dec. 9, 1999; 66 FR 3501 , Jan. 16, 2001; 76 FR 24382 , May 2, 2011; 78 FR 11112 , Feb. 15, 2013] Restricted Proceedings § 1.1208 Restricted proceedings. Unless otherwise provided by the Commission or its staff pursuant to § 1.1200(a) ex parte presentations (other than ex parte presentations exempt under § 1.1204(a) ) to or from Commission decision-making personnel are prohibited in all proceedings not listed as exempt in § 1.1204(b) or permit-but-disclose in § 1.1206(a) until the proceeding is no longer subject to administrative reconsideration or review or judicial review. Proceedings in which ex parte presentations are prohibited, referred to as “restricted” proceedings, include, but are not limited to, all proceedings that have been designated for hearing, proceedings involving amendments to the broadcast table of allotments, applications for authority under Title III of the Communications Act, and all waiver proceedings (except for those directly associated with tariff filings). A party making a written or oral presentation in a restricted proceeding, on a non- ex parte basis, must file a copy of the presentation or, for an oral presentation, a summary of the presentation in the record of the proceeding using procedures consistent with those specified in § 1.1206 . Note 1 to § 1.1208 : In a restricted proceeding involving only one “party,” as defined in § 1.1202(d) , the party and the Commission may freely make presentations to each other because there is no other party to be served or with a right to have an opportunity to be present. See § 1.1202(b) . Therefore, to determine whether presentations are permissible in a restricted proceeding without service or notice and an opportunity for other parties to be present the definition of a “party” should be consulted. Examples: After the filing of an uncontested application or waiver request, the applicant or other filer would be the sole party to the proceeding. The filer would have no other party to serve with or give notice of any presentations to the Commission, and such presentations would therefore not be “ex parte presentations” as defined by § 1.1202(b) and would not be prohibited. On the other hand, in the example given, because the filer is a party, a third person who wished to make a presentation to the Commission concerning the application or waiver request would have to serve or notice the filer. Further, once the proceeding involved additional “parties” as defined by § 1.1202(d) (e.g., an opponent of the filer who served the opposition on the filer), the filer and other parties would have to serve or notice all other parties. Note 2 to § 1.1208 : Consistent with § 1.1200(a) , the Commission or its staff may determine that a restricted proceeding not designated for hearing involves primarily issues of broadly applicable policy rather than the rights and responsibilities of specific parties and specify that the proceeding will be conducted in accordance with the provisions of § 1.1206 governing permit-but-disclose proceedings. [ 62 FR 15857 , Apr. 3, 1997, as amended at 64 FR 68948 , Dec. 9, 1999; 76 FR 24383 , May 2, 2011] Prohibition on Solicitation of Presentations § 1.1210 Prohibition on solicitation of presentations. No person shall solicit or encourage others to make any improper presentation under the provisions of this section. [ 64 FR 68949 , Dec. 9, 1999] Procedures for Handling of Prohibited Ex Parte Presentations § 1.1212 Procedures for handling of prohibited ex parte presentations. ( a ) Commission personnel who believe that an oral presentation which is being made to them or is about to be made to them is prohibited shall promptly advise the person initiating the presentation that it is prohibited and shall terminate the discussion. ( b ) Commission personnel who receive oral ex parte presentations which they believe are prohibited shall forward to the Office of General Counsel a statement containing the following information: ( 1 ) The name of the proceeding; ( 2 ) The name and address of the person making the presentation and that person's relationship (if any) to the parties to the proceeding; ( 3 ) The date and time of the presentation, its duration, and the circumstances under which it was made; ( 4 ) A full summary of the substance of the presentation; ( 5 ) Whether the person making the presentation persisted in doing so after being advised that the presentation was prohibited; and ( 6 ) The date and time that the statement was prepared. ( c ) Commission personnel who receive written ex parte presentations which they believe are prohibited shall forward them to the Office of General Counsel. If the circumstances in which the presentation was made are not apparent from the presentation itself, a statement describing those circumstances shall be submitted to the Office of General Counsel with the presentation. ( d ) Prohibited written ex parte presentations and all documentation relating to prohibited written and oral ex parte presentations shall be placed in a public file which shall be associated with but not made part of the record of the proceeding to which the presentations pertain. Such materials may be considered in determining the merits of a restricted proceeding only if they are made part of the record and the parties are so informed. ( e ) If the General Counsel determines that an ex parte presentation or presentation during the Sunshine period is prohibited by this subpart, he or she shall notify the parties to the proceeding that a prohibited presentation has occurred and shall serve on the parties copies of the presentation (if written) and any statements describing the circumstances of the presentation. Service by the General Counsel shall not be deemed to cure any violation of the rules against prohibited ex parte presentations. ( f ) If the General Counsel determines that service on the parties would be unduly burdensome because the parties to the proceeding are numerous, he or she may issue a public notice in lieu of service. The public notice shall state that a prohibited presentation has been made and may also state that the presentation and related materials are available for public inspection. ( g ) The General Counsel shall forward a copy of any statement describing the circumstances in which the prohibited ex parte presentation was made to the person who made the presentation. Within ten days thereafter, the person who made the presentation may file with the General Counsel a sworn declaration regarding the presentation and the circumstances in which it was made. The General Counsel may serve copies of the sworn declaration on the parties to the proceeding. ( h ) Where a restricted proceeding precipitates a substantial amount of correspondence from the general public, the procedures in paragraphs (c) through (g) of this section will not be followed with respect to such correspondence. The correspondence will be placed in a public file and be made available for public inspection. [ 62 FR 15857 , Apr. 3, 1997] § 1.1214 Disclosure of information concerning violations of this subpart. Any party to a proceeding or any Commission employee who has substantial reason to believe that any violation of this subpart has been solicited, attempted, or committed shall promptly advise the Office of General Counsel in writing of all the facts and circumstances which are known to him or her. [ 62 FR 15858 , Apr. 3, 1997] Sanctions § 1.1216 Sanctions. ( a ) Parties. Upon notice and hearing, any party to a proceeding who directly or indirectly violates or causes the violation of any provision of this subpart, or who fails to report the facts and circumstances concerning any such violation as required by this subpart, may be subject to sanctions as provided in paragraph (d) of this section, or disqualified from further participation in that proceeding. In proceedings other than a rulemaking, a party who has violated or caused the violation of any provision of this subpart may be required to show cause why his or her claim or interest in the proceeding should not be dismissed, denied, disregarded, or otherwise adversely affected. In any proceeding, such alternative or additional sanctions as may be appropriate may also be imposed. ( b ) Commission personnel. Commission personnel who violate provisions of this subpart may be subject to appropriate disciplinary or other remedial action as provided in part 19 of this chapter . ( c ) Other persons. Such sanctions as may be appropriate under the circumstances shall be imposed upon other persons who violate the provisions of this subpart. ( d ) Penalties. A party who has violated or caused the violation of any provision of this subpart may be subject to admonishment, monetary forfeiture, or to having his or her claim or interest in the proceeding dismissed, denied, disregarded, or otherwise adversely affected. In any proceeding, such alternative or additional sanctions as may be appropriate also may be imposed. Upon referral from the General Counsel following a finding of an ex parte violation pursuant to § 0.251(g) of this chapter , the Enforcement Bureau shall have delegated authority to impose sanctions in such matters pursuant to § 0.111(a)(15) of this chapter . [ 62 FR 15858 , Apr. 3, 1997, as amended at 76 FR 24383 , May 2, 2011] Subpart I—Procedures Implementing the National Environmental Policy Act of 1969 Source: 51 FR 15000 , Apr. 22, 1986, unless otherwise noted. § 1.1301 Basis and purpose. The provisions of this subpart implement Subchapter I of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321-4335 . § 1.1302 Cross-reference; Regulations of the Council on Environmental Quality. A further explanation regarding implementation of the National Environmental Policy Act is provided by the regulations issued by the Council on Environmental Quality, 40 CFR 1500-1508.28 . § 1.1303 Scope. The provisions of this subpart shall apply to all Commission actions that may or will have a significant impact on the quality of the human environment. To the extent that other provisions of the Commission's rules and regulations are inconsistent with the subpart, the provisions of this subpart shall govern. [ 55 FR 20396 , May 16, 1990] § 1.1304 Information, assistance, and waiver of electronic filing and service requirements. ( a ) For general information and assistance concerning the provisions of this subpart, the Office of General Counsel may be contacted, (202) 418-1700. For more specific information, the Bureau responsible for processing a specific application should be contacted. ( b ) All submissions relating to this subpart shall be made electronically. If an interested party is unable to submit or serve a filing electronically, or if it would be unreasonably burdensome to do so, such party may submit its filing on paper to the appropriate address for the Commission Secretary and serve the filing on other parties by mail. Such party should include as part of its paper submission a request for waiver of the electronic filing requirement. Such waiver request must contain an explanation addressing the requestor's inability to file electronically or why electronic filing would be unreasonably burdensome. Either showing will be sufficient to obtain a waiver under this section. [ 85 FR 85530 , Dec. 29, 2020] § 1.1305 Actions which normally will have a significant impact upon the environment, for which Environmental Impact Statements must be prepared. Any Commission action deemed to have a significant effect upon the quality of the human environment requires the preparation of a Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS) (collectively referred to as EISs) ( see §§ 1.1314 , 1.1315 and 1.1317 ). The Commission has reviewed representative actions and has found no common pattern which would enable it to specify actions that will thus automatically require EISs. Note: Our current application forms refer applicants to § 1.1305 to determine if their proposals are such that the submission of environmental information is required ( see § 1.1311 ). Until the application forms are revised to reflect our new environmental rules, applicants should refer to § 1.1307 . Section 1.1307 now delineates those actions for which applicants must submit environmental information. § 1.1306 Actions which are categorically excluded from environmental processing. ( a ) Except as provided in § 1.1307 (c) and (d) , Commission actions not covered by § 1.1307 (a) and (b) are deemed individually and cumulatively to have no significant effect on the quality of the human environment and are categorically excluded from environmental processing. ( b ) Specifically, any Commission action with respect to any new application, or minor or major modifications of existing or authorized facilities or equipment, will be categorically excluded, provided such proposals do not: ( 1 ) Involve a site location specified under § 1.1307(a) (1)-(7) , or ( 2 ) Involve high intensity lighting under § 1.1307(a)(8) . ( 3 ) Result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in § 1.1307(b) . ( c ) ( 1 ) Unless § 1.1307(a)(4) is applicable, the provisions of § 1.1307(a) requiring the preparation of EAs do not encompass the construction of wireless facilities, including deployments on new or replacement poles, if: ( i ) The facilities will be located in a right-of-way that is designated by a Federal, State, local, or Tribal government for communications towers, above-ground utility transmission or distribution lines, or any associated structures and equipment; ( ii ) The right-of-way is in active use for such designated purposes; and ( iii ) The facilities would not ( A ) Increase the height of the tower or non-tower structure by more than 10% or twenty feet, whichever is greater, over existing support structures that are located in the right-of-way within the vicinity of the proposed construction; ( B ) Involve the installation of more than four new equipment cabinets or more than one new equipment shelter; ( C ) Add an appurtenance to the body of the structure that would protrude from the edge of the structure more than twenty feet, or more than the width of the structure at the level of the appurtenance, whichever is greater (except that the deployment may exceed this size limit if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable); or ( D ) Involve excavation outside the current site, defined as the area that is within the boundaries of the leased or owned property surrounding the deployment or that is in proximity to the structure and within the boundaries of the utility easement on which the facility is to be deployed, whichever is more restrictive. ( 2 ) Such wireless facilities are subject to § 1.1307(b) and require EAs if their construction would result in human exposure to radiofrequency radiation in excess of the applicable health and safety guidelines cited in § 1.1307(b) . Note 1: The provisions of § 1.1307(a) requiring the preparation of EAs do not encompass the mounting of antenna(s) and associated equipment (such as wiring, cabling, cabinets, or backup-power), on or in an existing building, or on an antenna tower or other man-made structure, unless § 1.1307(a)(4) is applicable. Such antennas are subject to § 1.1307(b) of this part and require EAs if their construction would result in human exposure to radiofrequency radiation in excess of the applicable health and safety guidelines cited in § 1.1307(b) of this part . The provisions of § 1.1307 (a) and (b) of this part do not encompass the installation of aerial wire or cable over existing aerial corridors of prior or permitted use or the underground installation of wire or cable along existing underground corridors of prior or permitted use, established by the applicant or others. The use of existing buildings, towers or corridors is an environmentally desirable alternative to the construction of new facilities and is encouraged. The provisions of § 1.1307(a) and (b) of this part do not encompass the construction of new submarine cable systems. Note 2: The specific height of an antenna tower or supporting structure, as well as the specific diameter of a satellite earth station, in and of itself, will not be deemed sufficient to warrant environmental processing, see § 1.1307 and § 1.1308 , except as required by the Bureau pursuant to the Note to § 1.1307(d) . Note 3: The construction of an antenna tower or supporting structure in an established “antenna farm”: ( i.e. , an area in which similar antenna towers are clustered, whether or not such area has been officially designated as an antenna farm), will be categorically excluded unless one or more of the antennas to be mounted on the tower or structure are subject to the provisions of § 1.1307(b) and the additional radiofrequency radiation from the antenna(s) on the new tower or structure would cause human exposure in excess of the applicable health and safety guidelines cited in § 1.1307(b) . [ 51 FR 15000 , Apr. 22, 1986, as amended at 51 FR 18889 , May 23, 1986; 53 FR 28393 , July 28, 1988; 56 FR 13414 , Apr. 2, 1991; 64 FR 19061 , Apr. 19, 1999; 77 FR 3952 , Jan. 26, 2012; 80 FR 1268 , Jan. 8, 2015] § 1.1307 Actions that may have a significant environmental effect, for which Environmental Assessments (EAs) must be prepared. ( a ) Commission actions with respect to the following types of facilities may significantly affect the environment and thus require the preparation of EAs by the applicant (see §§ 1.1308 and 1.1311 ) and may require further Commission environmental processing ( see §§ 1.1314 , 1.1315 and 1.1317 ): ( 1 ) Facilities that are to be located in an officially designated wilderness area. ( 2 ) Facilities that are to be located in an officially designated wildlife preserve. ( 3 ) Facilities that: ( i ) May affect listed threatened or endangered species or designated critical habitats; or ( ii ) are likely to jeopardize the continued existence of any proposed endangered or threatened species or likely to result in the destruction or adverse modification of proposed critical habitats, as determined by the Secretary of the Interior pursuant to the Endangered Species Act of 1973. Note: The list of endangered and threatened species is contained in 50 CFR 17.11 , 17.22 , 222.23(a) and 227.4 . The list of designated critical habitats is contained in 50 CFR 17.95 , 17.96 and part 226 . To ascertain the status of proposed species and habitats, inquiries may be directed to the Regional Director of the Fish and Wildlife Service, Department of the Interior. ( 4 ) Facilities that may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic Places ( see 54 U.S.C. 300308 ; 36 CFR parts 60 and 800 ), and that are subject to review pursuant to section 1.1320 and have been determined through that review process to have adverse effects on identified historic properties. ( 5 ) Facilities that may affect Indian religious sites. ( 6 ) Facilities to be located in floodplains, if the facilities will not be placed at least one foot above the base flood elevation of the floodplain. ( 7 ) Facilities whose construction will involve significant change in surface features (e.g., wetland fill, deforestation or water diversion). (In the case of wetlands on Federal property, see Executive Order 11990.) ( 8 ) Antenna towers and/or supporting structures that are to be equipped with high intensity white lights which are to be located in residential neighborhoods, as defined by the applicable zoning law. ( b ) ( 1 ) Requirements. ( i ) With respect to the limits on human exposure to RF provided in § 1.1310 of this chapter , applicants to the Commission for the grant or modification of construction permits, licenses or renewals thereof, temporary authorities, equipment authorizations, or any other authorizations for radiofrequency sources must either: ( A ) Determine that they qualify for an exemption pursuant to § 1.1307(b)(3) ; ( B ) Prepare an evaluation of the human exposure to RF radiation pursuant to § 1.1310 and include in the application a statement confirming compliance with the limits in § 1.1310 ; or ( C ) Prepare an Environmental Assessment if those RF sources would cause human exposure to levels of RF radiation in excess of the limits in § 1.1310 . ( ii ) Compliance with these limits for fixed RF source(s) may be accomplished by use of mitigation actions, as provided in § 1.1307(b)(4) . Upon request by the Commission, the party seeking or holding such authorization must electronically submit technical information showing the basis for such compliance, either by exemption or evaluation. Notwithstanding the preceding requirements, in the event that RF sources cause human exposure to levels of RF radiation in excess of the limits in § 1.1310 of this chapter , such RF exposure exemptions and evaluations are not deemed sufficient to show that there is no significant effect on the quality of the human environment or that the RF sources are categorically excluded from environmental processing. ( 2 ) Definitions. For the purposes of this section, the following definitions shall apply. Available maximum time-averaged power for an RF source is the maximum available RF power (into a matched load) as averaged over a time-averaging period; Category One is any spatial region that is compliant with the general population exposure limit with continuous exposure or source-based time-averaged exposure; Category Two is any spatial region where the general population exposure limit is exceeded but that is compliant with the occupational exposure limit with continuous exposure; Category Three is any spatial region where the occupational exposure limit is exceeded but by no more than ten times the limit; Category Four is any spatial region where the exposure is more than ten times the occupational exposure limit or where there is a possibility for serious injury on contact. Continuous exposure refers to the maximum time-averaged exposure at a given location for an RF source and assumes that exposure may take place indefinitely. The exposure limits in § 1.1310 of this chapter are used to establish the spatial regions where mitigation measures are necessary assuming continuous exposure as prescribed in § 1.1307(b)(4) of this chapter . Effective Radiated Power ( ERP ) is the product of the maximum antenna gain which is the largest far-field power gain relative to a dipole in any direction for each transverse polarization component, and the maximum delivered time-averaged power which is the largest net power delivered or supplied to an antenna as averaged over a time-averaging period; ERP is summed over two polarizations when present; Exemption for (an) RF source ( s ) is solely from the obligation to perform a routine environmental evaluation to demonstrate compliance with the RF exposure limits in § 1.1310 of this chapter ; it is not exemption from the equipment authorization procedures described in part 2 of this chapter , not exemption from general obligations of compliance with the RF exposure limits in § 1.1310 of this chapter , and not exemption from determination of whether there is no significant effect on the quality of the human environment under § 1.1306 of this chapter . Fixed RF source is one that is physically secured at one location, even temporarily, and is not able to be easily moved to another location while radiating; Mobile device is as defined in § 2.1091(b) of this chapter ; Plane-wave equivalent power density is the square of the root-mean-square (rms) electric field strength divided by the impedance of free space (377 ohms). Portable device is as defined in § 2.1093(b) of this chapter ; Positive access control is mitigation by proactive preclusion of unauthorized access to the region surrounding an RF source where the continuous exposure limit for the general population is exceeded. Examples of such controls include locked doors, ladder cages, or effective fences, as well as enforced prohibition of public access to external surfaces of buildings. However, it does not include natural barriers or other access restrictions that did not require any action on the part of the licensee or property management. Radiating structure is an unshielded RF current-carrying conductor that generates an RF reactive near electric or magnetic field and/or radiates an RF electromagnetic wave. It is the component of an RF source that transmits, generates, or reradiates an RF fields, such as an antenna, aperture, coil, or plate. RF source is Commission-regulated equipment that transmits or generates RF fields or waves, whether intentionally or unintentionally, via one or more radiating structure ( s ). Multiple RF sources may exist in a single device. Separation distance (variable R in Table 1) is the minimum distance in any direction from any part of a radiating structure and any part of the body of a nearby person; Source-based time averaging is an average of instantaneous exposure over a time-averaging period that is based on an inherent property or duty-cycle of a device to ensure compliance with the continuous exposure limits; Time-averaging period is a time period not to exceed 30 minutes for fixed RF sources or a time period inherent from device transmission characteristics not to exceed 30 minutes for mobile and portable RF sources; Transient individual is an untrained person in a location where occupational/controlled limits apply, and he or she must be made aware of the potential for exposure and be supervised by trained personnel pursuant to § 1.1307(b)(4) of this chapter where use of time averaging is required to ensure compliance with the general population exposure limits in § 1.1310 of this chapter . ( 3 ) Determination of exemption. ( i ) For single RF sources ( i.e., any single fixed RF source, mobile device, or portable device, as defined in paragraph (b)(2) of this section): A single RF source is exempt if: ( A ) The available maximum time-averaged power is no more than 1 mW, regardless of separation distance. This exemption may not be used in conjunction with other exemption criteria other than those in paragraph (b)(3)(ii)(A) of this section. Medical implant devices may only use this exemption and that in paragraph (b)(3)(ii)(A); ( B ) Or the available maximum time-averaged power or effective radiated power (ERP), whichever is greater, is less than or equal to the threshold P th (mW) described in the following formula. This method shall only be used at separation distances (cm) from 0.5 centimeters to 40 centimeters and at frequencies from 0.3 GHz to 6 GHz (inclusive). P th is given by: ( C ) Or using Table 1 and the minimum separation distance (R in meters) from the body of a nearby person for the frequency (f in MHz) at which the source operates, the ERP (watts) is no more than the calculated value prescribed for that frequency. For the exemption in Table 1 to apply, R must be at least λ/2π, where λ is the free-space operating wavelength in meters. If the ERP of a single RF source is not easily obtained, then the available maximum time-averaged power may be used in lieu of ERP if the physical dimensions of the radiating structure(s) do not exceed the electrical length of λ/4 or if the antenna gain is less than that of a half-wave dipole (1.64 linear value). Table 1 to § 1.1307 ( b )(3)( i )(C)—Single RF Sources Subject to Routine Environmental Evaluation RF Source frequency (MHz) Threshold ERP (watts) 0.3-1.34 1,920 R 2 . 1.34-30 3,450 R 2 /f 2 . 30-300 3.83 R 2 . 300-1,500 0.0128 R 2 f. 1,500-100,000 19.2R 2 . ( ii ) For multiple RF sources: Multiple RF sources are exempt if: ( A ) The available maximum time-averaged power of each source is no more than 1 mW and there is a separation distance of two centimeters between any portion of a radiating structure operating and the nearest portion of any other radiating structure in the same device, except if the sum of multiple sources is less than 1 mW during the time-averaging period, in which case they may be treated as a single source (separation is not required). This exemption may not be used in conjunction with other exemption criteria other than those is paragraph (b)(3)(i)(A) of this section. Medical implant devices may only use this exemption and that in paragraph (b)(3)(i)(A). ( B ) in the case of fixed RF sources operating in the same time-averaging period, or of multiple mobile or portable RF sources within a device operating in the same time averaging period, if the sum of the fractional contributions to the applicable thresholds is less than or equal to 1 as indicated in the following equation. Where: a = number of fixed, mobile, or portable RF sources claiming exemption using paragraph (b)(3)(i)(B) of this section for P th , including existing exempt transmitters and those being added. b = number of fixed, mobile, or portable RF sources claiming exemption using paragraph (b)(3)(i)(C) of this section for Threshold ERP, including existing exempt transmitters and those being added. c = number of existing fixed, mobile, or portable RF sources with known evaluation for the specified minimum distance including existing evaluated transmitters. P i = the available maximum time-averaged power or the ERP, whichever is greater, for fixed, mobile, or portable RF source i at a distance between 0.5 cm and 40 cm (inclusive). P th,i = the exemption threshold power ( P th ) according to paragraph (b)(3)(i)(B) of this section for fixed, mobile, or portable RF source i. ERP j = the ERP of fixed, mobile, or portable RF source j. ERP th,j = exemption threshold ERP for fixed, mobile, or portable RF source j, at a distance of at least λ/2π according to the applicable formula of paragraph (b)(3)(i)(C) of this section. Evaluated k = the maximum reported SAR or MPE of fixed, mobile, or portable RF source k either in the device or at the transmitter site from an existing evaluation at the location of exposure. Exposure Limit k = either the general population/uncontrolled maximum permissible exposure (MPE) or specific absorption rate (SAR) limit for each fixed, mobile, or portable RF source k, as applicable from § 1.1310 of this chapter . ( 4 ) Mitigation. ( i ) As provided in paragraphs (b)(4)(ii) through (vi) of this section, specific mitigation actions are required for fixed RF sources to the extent necessary to ensure compliance with our exposure limits, including the implementation of an RF safety plan, restriction of access to those RF sources, and disclosure of spatial regions where exposure limits are exceeded. ( ii ) Category One—INFORMATION: No mitigation actions are required when the RF source does not cause continuous or source-based time-averaged exposure in excess of the general population limit in s § 1.1310 of this part . Optionally a green “INFORMATION” sign may offer information to those persons who might be approaching RF sources. This optional sign, when used, must include at least the following information: Appropriate signal word “INFORMATION” and associated color (green), an explanation of the safety precautions to be observed when closer to the antenna than the information sign, a reminder to obey all postings and boundaries (if higher categories are nearby), up-to-date licensee (or operator) contact information (if higher categories are nearby), and a place to get additional information (such as a website, if no higher categories are nearby). ( iii ) Category Two—NOTICE: Mitigation actions are required in the form of signs and positive access control surrounding the boundary where the continuous exposure limit is exceeded for the general population, with the appropriate signal word “NOTICE” and associated color (blue) on the signs. Signs must contain the components discussed in paragraph (b)(4)(vi) of this section. Under certain controlled conditions, such as on a rooftop with limited access, a sign attached directly to the surface of an antenna will be considered sufficient if the sign specifies a minimum approach distance and is readable at this separation distance and at locations required for compliance with the general population exposure limit in § 1.1310 of this part . Appropriate training is required for any occupational personnel with access to controlled areas within restrictive barriers where the general population exposure limit is exceeded, and transient individuals must be supervised by trained occupational personnel upon entering any of these areas. Use of time averaging is required for transient individuals to ensure compliance with the general population exposure limit. ( iv ) Category Three—CAUTION: Signs (with the appropriate signal word “CAUTION” and associated color (yellow) on the signs), controls, or indicators ( e.g., chains, railings, contrasting paint, diagrams) are required (in addition to the positive access control established for Category Two) surrounding the area in which the exposure limit for occupational personnel in a controlled environment is exceeded by no more than a factor of ten. Signs must contain the components discussed in paragraph (b)(4)(vi) of this section. If the boundaries between Category Two and Three are such that placement of both Category Two and Three signs would be in the same location, then the Category Two sign is optional. Under certain controlled conditions, such as on a rooftop with limited access, a sign may be attached directly to the surface of an antenna within a controlled environment if it specifies the minimum approach distance and is readable at this distance and at locations required for compliance with the occupational exposure limit in § 1.1310 of this part . If signs are not used at the occupational exposure limit boundary, controls or indicators ( e.g., chains, railings, contrasting paint, diagrams, etc. ) must designate the boundary where the occupational exposure limit is exceeded. Additionally, appropriate training is required for any occupational personnel with access to the controlled area where the general population exposure limit is exceeded, and transient individuals must be supervised by trained personnel upon entering any of these areas. Use of time averaging is required for transient individuals to ensure compliance with the general population exposure limit. Further mitigation by reducing exposure time in accord with six-minute time averaging is required for occupational personnel in the area in which the occupational exposure limit is exceeded. However, proper use of RF personal protective equipment may be considered sufficient in lieu of time averaging for occupational personnel in the areas in which the occupational exposure limit is exceeded. If such procedures or power reduction, and therefore Category reduction, are not feasible, then lockout/tagout procedures in 29 CFR 1910.147 must be followed. ( v ) Category Four—WARNING/DANGER: Where the occupational limit could be exceeded by a factor of more than ten, “WARNING” signs with the associated color (orange), controls, or indicators ( e.g., chains, railings, contrasting paint, diagrams) are required (in addition to the positive access control established for Category Two) surrounding the area in which the occupational exposure limit in a controlled environment is exceeded by more than a factor of ten Signs must contain the components discussed in paragraph (b)(4)(vi) of this section. “DANGER” signs with the associated color (red) are required where immediate and serious injury will occur on contact, in addition to positive access control, regardless of mitigation actions taken in Categories Two or Three. If the boundaries between Category Three and Four are such that placement of both Category Three and Four signs would be in the same location, then the Category Three sign is optional. No access is permitted without Category reduction. If power reduction, and therefore Category reduction, is not feasible, then lockout/tagout procedures in 29 CFR 1910.147 must be followed. ( vi ) RF exposure advisory signs must be viewable and readable from the boundary where the applicable exposure limits are exceeded, pursuant to 29 CFR 1910.145 , and include at least the following five components: ( A ) Appropriate signal word, associated color { i.e., {DANGER” (red), “WARNING” (orange), “CAUTION,” (yellow) “NOTICE” (blue)}; ( B ) RF energy advisory symbol; ( C ) An explanation of the RF source; ( D ) Behavior necessary to comply with the exposure limits; and ( E ) Up-to-date contact information. ( 5 ) Responsibility for compliance. ( i ) In general, when the exposure limits specified in § 1.1310 of this part are exceeded in an accessible area due to the emissions from multiple fixed RF sources, actions necessary to bring the area into compliance or preparation of an Environmental Assessment (EA) as specified in § 1.1311 of this part are the shared responsibility of all licensees whose RF sources produce, at the area in question, levels that exceed 5% of the applicable exposure limit proportional to power. However, a licensee demonstrating that its facility was not the most recently modified or newly-constructed facility at the site establishes a rebuttable presumption that such licensee should not be liable in an enforcement proceeding relating to the period of non-compliance. Field strengths must be squared to be proportional to SAR or power density. Specifically, these compliance requirements apply if the square of the electric or magnetic field strength exposure level applicable to a particular RF source exceeds 5% of the square of the electric or magnetic field strength limit at the area in question where the levels due to multiple fixed RF sources exceed the exposure limit. Site owners and managers are expected to allow applicants and licensees to take reasonable steps to comply with the requirements contained in paragraph (b)(1) of this section and, where feasible, should encourage co-location of RF sources and common solutions for controlling access to areas where the RF exposure limits contained in § 1.1310 of this part might be exceeded. Applicants and licensees are required to share technical information necessary to ensure joint compliance with the exposure limits, including informing other licensees at a site in question of evaluations indicating possible non-compliance with the exposure limits. ( ii ) Applicants for proposed RF sources that would cause non-compliance with the limits specified in § 1.1310 at an accessible area previously in compliance must submit an EA if emissions from the applicant's RF source would produce, at the area in question, levels that exceed 5% of the applicable exposure limit. Field strengths must be squared if necessary to be proportional to SAR or power density. ( iii ) Renewal applicants whose RF sources would cause non-compliance with the limits specified in § 1.1310 at an accessible area previously in compliance must submit an EA if emissions from the applicant's RF source would produce, at the area in question, levels that exceed 5% of the applicable exposure limit. Field strengths must be squared if necessary to be proportional to SAR or power density. ( c ) If an interested person alleges that a particular action, otherwise categorically excluded, will have a significant environmental effect, the person shall electronically submit to the Bureau responsible for processing that action a written petition setting forth in detail the reasons justifying or circumstances necessitating environmental consideration in the decision-making process. If an interested person is unable to submit electronically or if filing electronically would be unreasonably burdensome, such person may submit the petition by mail, with a request for waiver under § 1.1304(b) . (See § 1.1313 ). The Bureau shall review the petition and consider the environmental concerns that have been raised. If the Bureau determines that the action may have a significant environmental impact, the Bureau will require the applicant to prepare an EA ( see §§ 1.1308 and 1.1311 ), which will serve as the basis for the determination to proceed with or terminate environmental processing. ( d ) If the Bureau responsible for processing a particular action, otherwise categorically excluded, determines that the proposal may have a significant environmental impact, the Bureau, on its own motion, shall require the applicant to electronically submit an EA. The Bureau will review and consider the EA as in paragraph (c) of this section. Note to paragraph ( d ): Pending a final determination as to what, if any, permanent measures should be adopted specifically for the protection of migratory birds, the Bureau shall require an Environmental Assessment for an otherwise categorically excluded action involving a new or existing antenna structure, for which an antenna structure registration application (FCC Form 854) is required under part 17 of this chapter , if the proposed antenna structure will be over 450 feet in height above ground level (AGL) and involves either: 1. Construction of a new antenna structure; 2. Modification or replacement of an existing antenna structure involving a substantial increase in size as defined in paragraph I(C)(1)(3) of Appendix B to part 1 of this chapter ; or 3. Addition of lighting or adoption of a less preferred lighting style as defined in § 17.4(c)(1)(iii) of this chapter . The Bureau shall consider whether to require an EA for other antenna structures subject to § 17.4(c) of this chapter in accordance with § 17.4(c)(8) of this chapter . An Environmental Assessment required pursuant to this note will be subject to the same procedures that apply to any Environmental Assessment required for a proposed tower or modification of an existing tower for which an antenna structure registration application (FCC Form 854) is required, as set forth in § 17.4(c) of this chapter . ( e ) No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the regulations contained in this chapter concerning the environmental effects of such emissions. For purposes of this paragraph: ( 1 ) The term personal wireless service means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services; ( 2 ) The term personal wireless service facilities means facilities for the provision of personal wireless services; ( 3 ) The term unlicensed wireless services means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services; and ( 4 ) The term direct-to-home satellite services means the distribution or broadcasting of programming or services by satellite directly to the subscriber's premises without the use of ground receiving or distribution equipment, except at the subscriber's premises or in the uplink process to the satellite. [ 51 FR 15000 , Apr. 22, 1986] Editorial Note Editorial Note: For Federal Register citations affecting § 1.1307 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 1.1308 Consideration of environmental assessments (EAs); findings of no significant impact. ( a ) Applicants shall prepare EAs for actions that may have a significant environmental impact ( see § 1.1307 ). An EA is described in detail in § 1.1311 of this part of the Commission rules. ( b ) The EA is a document which shall explain the environmental consequences of the proposal and set forth sufficient analysis for the Bureau or the Commission to reach a determination that the proposal will or will not have a significant environmental effect. To assist in making that determination, the Bureau or the Commission may request further information from the applicant, interested persons, and agencies and authorities which have jurisdiction by law or which have relevant expertise. Note: With respect to actions specified under § 1.1307 (a)(3) and (a)(4) , the Commission shall solicit and consider the comments of the Department of Interior, and the State Historic Preservation Officer and the Advisory Council on Historic Preservation, respectively, in accordance with their established procedures. See Interagency Cooperation—Endangered Species Act of 1973, as amended, 50 CFR part 402 ; Protection of Historic and Cultural Properties, 36 CFR part 800 . In addition, when an action interferes with or adversely affects an American Indian tribe's religious site, the Commission shall solicit the views of that American Indian tribe. See § 1.1307(a)(5) . ( c ) If the Bureau or the Commission determines, based on an independent review of the EA and any applicable mandatory consultation requirements imposed upon Federal agencies ( see note above), that the proposal will have a significant environmental impact upon the quality of the human environment, it will so inform the applicant. The applicant will then have an opportunity to amend its application so as to reduce, minimize, or eliminate environmental problems. See § 1.1309 . If the environmental problem is not eliminated, the Bureau will publish in the Federal Register a Notice of Intent ( see § 1.1314 ) that EISs will be prepared ( see §§ 1.1315 and 1.1317 ), or ( d ) If the Bureau or Commission determines, based on an independent review of the EA, and any mandatory consultation requirements imposed upon Federal agencies ( see the note to paragraph (b) of this section), that the proposal would not have a significant impact, it will make a finding of no significant impact. Thereafter, the application will be processed without further documentation of environmental effect. Pursuant to CEQ regulations, see 40 CFR 1501.4 and 1501.6 , the applicant must provide the community notice of the Commission's finding of no significant impact. [ 51 FR 15000 , Apr. 22, 1986; 51 FR 18889 , May 23, 1986, as amended at 53 FR 28394 , July 28, 1988] § 1.1309 Application amendments. Applicants are permitted to amend their applications to reduce, minimize, or eliminate potential environmental problems. Amendments shall be made electronically. As a routine matter, an applicant will be permitted to amend its application within thirty (30) days after the Commission or the Bureau informs the applicant that the proposal will have a significant impact upon the quality of the human environment ( see § 1.1308(c) ). The period of thirty (30) days may be extended upon a showing of good cause. [ 85 FR 85530 , Dec. 29, 2020] § 1.1310 Radiofrequency radiation exposure limits. ( a ) Specific absorption rate (SAR) shall be used to evaluate the environmental impact of human exposure to radiofrequency (RF) radiation as specified in § 1.1307(b) of this part within the frequency range of 100 kHz to 6 GHz (inclusive). ( b ) The SAR limits for occupational/controlled exposure are 0.4 W/kg, as averaged over the whole body, and a peak spatial-average SAR of 8 W/kg, averaged over any 1 gram of tissue (defined as a tissue volume in the shape of a cube). Exceptions are the parts of the human body treated as extremities, such as hands, wrists, feet, ankles, and pinnae, where the peak spatial-average SAR limit for occupational/controlled exposure is 20 W/kg, averaged over any 10 grams of tissue (defined as a tissue volume in the shape of a cube). Exposure may be averaged over a time period not to exceed 6 minutes to determine compliance with occupational/controlled SAR limits. ( c ) The SAR limits for general population/uncontrolled exposure are 0.08 W/kg, as averaged over the whole body, and a peak spatial-average SAR of 1.6 W/kg, averaged over any 1 gram of tissue (defined as a tissue volume in the shape of a cube). Exceptions are the parts of the human body treated as extremities, such as hands, wrists, feet, ankles, and pinnae, where the peak spatial-average SAR limit is 4 W/kg, averaged over any 10 grams of tissue (defined as a tissue volume in the shape of a cube). Exposure may be averaged over a time period not to exceed 30 minutes to determine compliance with general population/uncontrolled SAR limits. ( d ) ( 1 ) Evaluation with respect to the SAR limits in this section must demonstrate compliance with both the whole-body and peak spatial-average limits using technically supported measurement or computational methods and exposure conditions in advance of authorization (licensing or equipment certification) and in a manner that facilitates independent assessment and, if appropriate, enforcement. Numerical computation of SAR must be supported by adequate documentation showing that the numerical method as implemented in the computational software has been fully validated; in addition, the equipment under test and exposure conditions must be modeled according to protocols established by FCC-accepted numerical computation standards or available FCC procedures for the specific computational method. ( 2 ) For operations within the frequency range of 300 kHz and 6 GHz (inclusive), the limits for maximum permissible exposure (MPE), derived from whole-body SAR limits and listed in Table 1 in paragraph (e)(1) of this section, may be used instead of whole-body SAR limits as set forth in paragraphs (a) through (c) of this section to evaluate the environmental impact of human exposure to RF radiation as specified in § 1.1307(b) of this part , except for portable devices as defined in § 2.1093 of this chapter as these evaluations shall be performed according to the SAR provisions in § 2.1093 . ( 3 ) At operating frequencies above 6 GHz, the MPE limits listed in Table 1 in paragraph (e)(1) of this section shall be used in all cases to evaluate the environmental impact of human exposure to RF radiation as specified in § 1.1307(b) of this part . ( 4 ) Both the MPE limits listed in Table 1 in paragraph (e)(1) of this section and the SAR limits as set forth in paragraphs (a) through (c) of this section are for continuous exposure, that is, for indefinite time periods. Exposure levels higher than the limits are permitted for shorter exposure times, as long as the average exposure over a period not more than the specified averaging time in Table 1 in paragraph (e)(1) is less than (or equal to) the exposure limits. Detailed information on our policies regarding procedures for evaluating compliance with all of these exposure limits can be found in the most recent edition of FCC's OET Bulletin 65, “Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields,” and its supplements, all available at the FCC's internet website: https://www.fcc.gov/general/oet-bulletins-line , and in the Office of Engineering and Technology (OET) Laboratory Division Knowledge Database (KDB) ( https://www.fcc.gov/kdb ). Note to paragraphs ( a ) through ( d ): SAR is a measure of the rate of energy absorption due to exposure to RF electromagnetic energy. These SAR limits to be used for evaluation are based generally on criteria published by the American National Standards Institute (ANSI) for localized SAR in Section 4.2 of “IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz,” ANSI/IEEE Std C95.1-1992, copyright 1992 by the Institute of Electrical and Electronics Engineers, Inc., New York, New York 10017. These criteria for SAR evaluation are similar to those recommended by the National Council on Radiation Protection and Measurements (NCRP) in “Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields,” NCRP Report No. 86, Section 17.4.5 , copyright 1986 by NCRP, Bethesda, Maryland 20814. Limits for whole body SAR and peak spatial-average SAR are based on recommendations made in both of these documents. The MPE limits in Table 1 are based generally on criteria published by the NCRP in “Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields,” NCRP Report No. 86, Sections 17.4.1, 17.4.1.1, 17.4.2 and 17.4.3, copyright 1986 by NCRP, Bethesda, Maryland 20814. In the frequency range from 100 MHz to 1500 MHz, these MPE exposure limits for field strength and power density are also generally based on criteria recommended by the ANSI in Section 4.1 of “IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz,” ANSI/IEEE Std C95.1-1992, copyright 1992 by the Institute of Electrical and Electronics Engineers, Inc., New York, New York 10017. ( e ) ( 1 ) Table 1 to § 1.1310(e)(1) sets forth limits for Maximum Permissible Exposure (MPE) to radiofrequency electromagnetic fields. Table 1 to § 1.1310(e)(1) —Limits for Maximum Permissible Exposure (MPE) Frequency range (MHz) Electric field strength (V/m) Magnetic field strength (A/m) Power density (mW/cm 2 ) Averaging time (minutes) (i) Limits for Occupational/Controlled Exposure 0.3-3.0 614 1.63 *(100) ≤ 6 3.0-30 1842/f 4.89/f *(900/f 2 ) <6 30-300 61.4 0.163 1.0 <6 300-1,500 f/300 <6 1,500-100,000 5 <6 (ii) Limits for General Population/Uncontrolled Exposure 0.3-1.34 614 1.63 *(100) <30 1.34-30 824/f 2.19/f *(180/f 2 ) <30 30-300 27.5 0.073 0.2 <30 300-1,500 f/1500 <30 1,500-100,000 1.0 <30 f = frequency in MHz. * = Plane-wave equivalent power density. ( 2 ) Occupational/controlled exposure limits apply in situations in which persons are exposed as a consequence of their employment provided those persons are fully aware of the potential for exposure and can exercise control over their exposure. The phrase fully aware in the context of applying these exposure limits means that an exposed person has received written and/or verbal information fully explaining the potential for RF exposure resulting from his or her employment. With the exception of transient persons, this phrase also means that an exposed person has received appropriate training regarding work practices relating to controlling or mitigating his or her exposure. In situations when an untrained person is transient through a location where occupational/controlled limits apply, he or she must be made aware of the potential for exposure and be supervised by trained personnel pursuant to § 1.1307(b)(2) of this part where use of time averaging is required to ensure compliance with the general population exposure limit. The phrase exercise control means that an exposed person is allowed and also knows how to reduce or avoid exposure by administrative or engineering work practices, such as use of personal protective equipment or time averaging of exposure. ( 3 ) General population/uncontrolled exposure limits apply in situations in which the general public may be exposed, or in which persons who are exposed as a consequence of their employment may not be fully aware of the potential for exposure or cannot exercise control over their exposure. For example, RF sources intended for consumer use shall be subject to the limits for general population/uncontrolled exposure in this section. [ 85 FR 18145 , Apr. 1, 2020] § 1.1311 Environmental information to be included in the environmental assessment (EA). ( a ) The applicant shall submit an EA with each application that is subject to environmental processing ( see § 1.1307 ). The EA shall contain the following information: ( 1 ) For antenna towers and satellite earth stations, a description of the facilities as well as supporting structures and appurtenances, and a description of the site as well as the surrounding area and uses. If high intensity white lighting is proposed or utilized within a residential area, the EA must also address the impact of this lighting upon the residents. ( 2 ) A statement as to the zoning classification of the site, and communications with, or proceedings before and determinations (if any) made by zoning, planning, environmental or other local, state or Federal authorities on matters relating to environmental effect. ( 3 ) A statement as to whether construction of the facilities has been a source of controversy on environmental grounds in the local community. ( 4 ) A discussion of environmental and other considerations which led to the selection of the particular site and, if relevant, the particular facility; the nature and extent of any unavoidable adverse environmental effects, and any alternative sites or facilities which have been or might reasonably be considered. ( 5 ) Any other information that may be requested by the Bureau or Commission. ( 6 ) If endangered or threatened species or their critical habitats may be affected, the applicant's analysis must utilize the best scientific and commercial data available, see 50 CFR 402.14(c) . ( b ) The information submitted in the EA shall be factual (not argumentative or conclusory) and concise with sufficient detail to explain the environmental consequences and to enable the Commission or Bureau, after an independent review of the EA, to reach a determination concerning the proposal's environmental impact, if any. The EA shall deal specifically with any feature of the site which has special environmental significance (e.g., wilderness areas, wildlife preserves, natural migration paths for birds and other wildlife, and sites of historic, architectural, or archeological value). In the case of historically significant sites, it shall specify the effect of the facilities on any district, site, building, structure or object listed, or eligible for listing, in the National Register of Historic Places. It shall also detail any substantial change in the character of the land utilized (e.g., deforestation, water diversion, wetland fill, or other extensive change of surface features). In the case of wilderness areas, wildlife preserves, or other like areas, the statement shall discuss the effect of any continuing pattern of human intrusion into the area (e.g., necessitated by the operation and maintenance of the facilities). ( c ) The EA shall also be accompanied with evidence of site approval which has been obtained from local or Federal land use authorities. ( d ) To the extent that such information is submitted in another part of the application, it need not be duplicated in the EA, but adequate cross-reference to such information shall be supplied. ( e ) An EA need not be submitted to the Commission if another agency of the Federal Government has assumed responsibility for determining whether of the facilities in question will have a significant effect on the quality of the human environment and, if it will, for invoking the environmental impact statement process. [ 51 FR 15000 , Apr. 22, 1986, as amended at 51 FR 18889 , May 23, 1986; 53 FR 28394 , July 28, 1988] § 1.1312 Facilities for which no preconstruction authorization is required. ( a ) In the case of facilities for which no Commission authorization prior to construction is required by the Commission's rules and regulations the licensee or applicant shall initially ascertain whether the proposed facility may have a significant environmental impact as defined in § 1.1307 of this part or is categorically excluded from environmental processing under § 1.1306 of this part . ( b ) If a facility covered by paragraph (a) of this section may have a significant environmental impact, the information required by § 1.1311 shall be submitted electronically by the licensee or applicant and ruled on by the Commission, and environmental processing (if invoked) shall be completed, see § 1.1308 , prior to the initiation of construction of the facility. ( c ) If a facility covered by paragraph (a) of this section is categorically excluded from environmental processing, the licensee or applicant may proceed with construction and operation of the facility in accordance with the applicable licensing rules and procedures. ( d ) If, following the initiation of construction under this section, the licensee or applicant discovers that the proposed facility may have a significant environmental effect, it shall immediately cease construction which may have that effect, and submit the information required by § 1.1311 of this part . The Commission shall rule on that submission and complete further environmental processing (if invoked), see § 1.1308 of this part , before such construction is resumed. ( e ) Paragraphs (a) through (d) of this section shall not apply to the construction of mobile stations. [ 55 FR 20396 , May 16, 1990, as amended at 56 FR 13414 , Apr. 2, 1991; 83 FR 19458 , May 3, 2018; 84 FR 59567 , Nov. 5, 2019; 85 FR 85531 , Dec. 29, 2020] § 1.1313 Objections. ( a ) In the case of an application to which section 309(b) of the Communications Act applies, objections based on environmental considerations shall be filed electronically as petitions to deny. If the interested person is unable to file electronically or if filing electronically would be unreasonably burdensome, such person may submit the petition by mail, with a request for waiver under § 1.1304(b) . ( b ) Informal objections which are based on environmental considerations must be filed electronically prior to grant of the construction permit, or prior to authorization for facilities that do not require construction permits, or pursuant to the applicable rules governing services subject to lotteries. If the interested person is unable to file electronically or if filing electronically would be unreasonably burdensome, such person may submit the objection by mail, with a request for waiver under § 1.1304(b) . [ 85 FR 85531 , Dec. 29, 2020] § 1.1314 Environmental impact statements (EISs). ( a ) Draft Environmental Impact Statements (DEISs) ( § 1.1315 ) and Final Environmental Impact Statements (FEISs) (referred to collectively as EISs) ( § 1.1317 ) shall be prepared by the Bureau responsible for processing the proposal when the Commission's or the Bureau's analysis of the EA ( § 1.1308 ) indicates that the proposal will have a significant effect upon the environment and the matter has not been resolved by an amendment. ( b ) As soon as practically feasible, the Bureau will publish in the Federal Register a Notice of Intent to prepare EISs. The Notice shall briefly identify the proposal, concisely describe the environmental issues and concerns presented by the subject application, and generally invite participation from affected or involved agencies, authorities and other interested persons. ( c ) The EISs shall not address non-environmental considerations. To safeguard against repetitive and unnecessarily lengthy documents, the Statements, where feasible, shall incorporate by reference material set forth in previous documents, with only a brief summary of its content. In preparing the EISs, the Bureau will identify and address the significant environmental issues and eliminate the insignificant issues from analysis. ( d ) To assist in the preparation of the EISs, the Bureau may request further information from the applicant, interested persons and agencies and authorities, which have jurisdiction by law or which have relevant expertise. The Bureau may direct that technical studies be made by the applicant and that the applicant obtain expert opinion concerning the potential environmental problems and costs associated with the proposed action, as well as comparative analyses of alternatives. The Bureau may also consult experts in an effort to identify measures that could be taken to minimize the adverse effects and alternatives to the proposed facilities that are not, or are less, objectionable. The Bureau may also direct that objections be raised with appropriate local, state or Federal land use agencies or authorities (if their views have not been previously sought). ( e ) The Bureau responsible for processing the particular application and, thus, preparing the EISs shall draft supplements to Statements where significant new circumstances occur or information arises relevant to environmental concerns and bearing upon the application. ( f ) The Application, the EA, the DEIS, and the FEIS and all related documents, including the comments filed by the public and any agency, shall be part of the administrative record and will be routinely available for public inspection. All documents and comments shall be filed electronically. ( g ) If EISs are to be prepared, the applicant must provide the community with notice of the availability of environmental documents and the scheduling of any Commission hearings in that action. ( h ) The timing of agency action with respect to applications subject to EISs is set forth in 40 CFR 1506.10 . No decision shall be made until ninety (90) days after the Notice of Availability of the Draft Environmental Impact Statement is published in the Federal Register, and thirty (30) days after the Notice of Availability of the Final Environmental Impact Statement is published in the Federal Register, which time period may run concurrently, See 40 CFR 1506.10(c) ; see also §§ 1.1315(b) and 1.1317(b) . ( i ) Guidance concerning preparation of the Draft and Final Environmental Statements is set out in 40 CFR part 1502 . [ 51 FR 15000 , Apr. 22, 1986, as amended at 53 FR 28394 , July 28, 1988; 85 FR 85531 , Dec. 29, 2020] § 1.1315 The Draft Environmental Impact Statement (DEIS); Comments. ( a ) The DEIS shall include: ( 1 ) A concise description of the proposal, the nature of the area affected, its uses, and any specific feature of the area that has special environmental significance; ( 2 ) An analysis of the proposal, and reasonable alternatives exploring the important consequent advantages and/or disadvantages of the action and indicating the direct and indirect effects and their significance in terms of the short and long-term uses of the human environment. ( b ) When a DEIS and supplements, if any, are prepared, the Commission shall file the Statement with the Office of Federal Activities, Environmental Protection Agency, consistent with its procedures. Public Notice of the availability of the DEIS will be published in the Federal Register by the Environmental Protection Agency. ( c ) When copies or summaries of the DEIS are sent to the Environmental Protection Agency, the copies or summaries will be electronically mailed with a request for comment to Federal agencies having jurisdiction by law or special expertise, to the Council on Environmental Quality, to the applicant, to individuals, groups and state and local agencies known to have an interest in the environmental consequences of a grant, and to any other person who has requested a copy. If an interested person lacks access to electronic mail and requests a hard copy or summary of the DEIS, it must be provided by mail. ( d ) Any person or agency may comment on the DEIS and the environmental effect of the proposal described therein within 45 days after notice of the availability of the statement is published in the Federal Register. A copy of those comments shall be electronically mailed to the applicant by the person who files them pursuant to § 1.47 and filed electronically with the Commission. If the interested person is unable to file electronically or mail the copy electronically, or if it would be unreasonably burdensome to do so, such person may submit the comments to the Commission and the applicant by mail, with a request for waiver under § 1.1304(b) . If a person submitting comments is especially qualified in any way to comment on the environmental impact of the facilities, a statement of his or her qualifications shall be set out in the comments. In addition, comments submitted by an agency shall identify the person(s) who prepared them. ( e ) The applicant may electronically file reply comments within 15 days after the time for filing comments has expired. Reply comments shall be filed with the Commission and served by the applicant on persons or agencies which filed comments. ( f ) The preparation of a DEIS and the request for comments shall not open the application to attack on other grounds. [ 51 FR 15000 , Apr. 22, 1986, as amended at 85 FR 85531 , Dec. 29, 2020] § 1.1317 The Final Environmental Impact Statement (FEIS). ( a ) After receipt of comments and reply comments, the Bureau will prepare a FEIS, which shall include a summary of the comments, and a response to the comments, and an analysis of the proposal in terms of its environmental consequences, and any reasonable alternatives, and recommendations, if any, and shall cite the Commission's internal appeal procedures ( See 47 CFR 1.101-1.117 ). ( b ) The FEIS and any supplements will be distributed and published in the same manner as specified in § 1.1315 . Copies of the comments and reply comments, or summaries thereof where the record is voluminous, shall be attached to the FEIS. [ 51 FR 15000 , Apr. 22, 1986, as amended at 76 FR 70909 , Nov. 16, 2011] § 1.1319 Consideration of the environmental impact statements. ( a ) If the action is designated for hearing: ( 1 ) In rendering an initial decision, the presiding officer (other than the Commission) shall use the FEIS in considering the environmental issues, together with all other non-environmental issues. ( 2 ) When the Commission serves as the presiding officer or upon its review of an initial decision, the Commission will consider and assess all aspects of the FEIS and will render its decision, giving due consideration to the environmental and nonenvironmental issues. ( b ) In all non-hearing matters, the Commission, as part of its decision-making process, will review the FEIS, along with other relevant issues, to ensure that the environmental effects are specifically assessed and given comprehensive consideration. [ 51 FR 15000 , Apr. 22, 1986, as amended at 62 FR 4171 , Jan. 29, 1997; 85 FR 63183 , Oct. 6, 2020] § 1.1320 Review of Commission undertakings that may affect historic properties. ( a ) Review of Commission undertakings. Any Commission undertaking that has the potential to cause effects on historic properties, unless excluded from review pursuant to paragraph (b) of this section, shall be subject to review under section 106 of the National Historic Preservation Act, as amended, 54 U.S.C. 306108 , by applying— ( 1 ) The procedures set forth in regulations of the Advisory Council on Historic Preservation, 36 CFR800.3-800.13 , or ( 2 ) If applicable, a program alternative established pursuant to 36 CFR 800.14 , including but not limited to the following: ( i ) The Nationwide Programmatic Agreement for the Collocation of Wireless Antennas, as amended, Appendix B of this part . ( ii ) The Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings, Appendix C of this part . ( iii ) The Program Comment to Tailor the Federal Communications Commission's Section 106 Review for Undertakings Involving the Construction of Positive Train Control Wayside Poles and Infrastructure, 79 FR 30861 (May 29, 2014). ( b ) Exclusions. The following categories of undertakings are excluded from review under this section: ( 1 ) Projects reviewed by other agencies. Undertakings for which an agency other than the Commission is the lead Federal agency pursuant to 36 CFR 800.2(a)(2) . ( 2 ) Projects subject to program alternatives. Undertakings excluded from review under a program alternative established pursuant to 36 CFR 800.14 , including those listed in paragraph (a)(2) of this section. ( 3 ) Replacement utility poles. Construction of a replacement for an existing structure where all the following criteria are satisfied: ( i ) The original structure— ( A ) Is a pole that can hold utility, communications, or related transmission lines; ( B ) Was not originally erected for the sole or primary purpose of supporting antennas that operate pursuant to the Commission's spectrum license or authorization; and ( C ) Is not itself a historic property. ( ii ) The replacement pole— ( A ) Is located no more than 10 feet away from the original pole, based on the distance between the centerpoint of the replacement pole and the centerpoint of the original pole; provided that construction of the replacement pole in place of the original pole entails no new ground disturbance (either laterally or in depth) outside previously disturbed areas, including disturbance associated with temporary support of utility, communications, or related transmission lines. For purposes of this paragraph, “ground disturbance” means any activity that moves, compacts, alters, displaces, or penetrates the ground surface of previously undisturbed soils; ( B ) Has a height that does not exceed the height of the original pole by more than 5 feet or 10 percent of the height of the original pole, whichever is greater; and ( C ) Has an appearance consistent with the quality and appearance of the original pole. ( 4 ) Collocations on buildings and other non-tower structures. The mounting of antennas (including associated equipment such as wiring, cabling, cabinets, or backup power) on buildings or other non-tower structures where the deployment meets the following conditions: ( i ) There is an existing antenna on the building or structure; ( ii ) One of the following criteria is met: ( A ) Non-Visible Antennas. The new antenna is not visible from any adjacent streets or surrounding public spaces and is added in the same vicinity as a pre-existing antenna; ( B ) Visible Replacement Antennas. The new antenna is visible from adjacent streets or surrounding public spaces, provided that ( 1 ) It is a replacement for a pre-existing antenna, ( 2 ) The new antenna will be located in the same vicinity as the pre-existing antenna, ( 3 ) The new antenna will be visible only from adjacent streets and surrounding public spaces that also afford views of the pre-existing antenna, ( 4 ) The new antenna is not more than 3 feet larger in height or width (including all protuberances) than the pre-existing antenna, and ( 5 ) No new equipment cabinets are visible from the adjacent streets or surrounding public spaces; or ( C ) Other Visible Antennas. The new antenna is visible from adjacent streets or surrounding public spaces, provided that ( 1 ) It is located in the same vicinity as a pre-existing antenna, ( 2 ) The new antenna will be visible only from adjacent streets and surrounding public spaces that also afford views of the pre-existing antenna, ( 3 ) The pre-existing antenna was not deployed pursuant to the exclusion in this paragraph, ( 4 ) The new antenna is not more than three feet larger in height or width (including all protuberances) than the pre-existing antenna, and ( 5 ) No new equipment cabinets are visible from the adjacent streets or surrounding public spaces; ( iii ) The new antenna complies with all zoning conditions and historic preservation conditions applicable to existing antennas in the same vicinity that directly mitigate or prevent effects, such as camouflage or concealment requirements; ( iv ) The deployment of the new antenna involves no new ground disturbance; and ( v ) The deployment would otherwise require the preparation of an Environmental Assessment under 1.1304(a)(4) solely because of the age of the structure. Note 1 to paragraph ( b )(4): A non-visible new antenna is in the “same vicinity” as a pre-existing antenna if it will be collocated on the same rooftop, façade or other surface. A visible new antenna is in the “same vicinity” as a pre-existing antenna if it is on the same rooftop, façade, or other surface and the centerpoint of the new antenna is within ten feet of the centerpoint of the pre-existing antenna. A deployment causes no new ground disturbance when the depth and width of previous disturbance exceeds the proposed construction depth and width by at least two feet. ( c ) Responsibilities of applicants. Applicants seeking Commission authorization for construction or modification of towers, collocation of antennas, or other undertakings shall take the steps mandated by, and comply with the requirements set forth in, Appendix C of this part , sections III-X, or any other applicable program alternative. ( d ) Definitions. For purposes of this section, the following definitions apply: Antenna means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission authorization, for the transmission of writing, signs, signals, data, images, pictures, and sounds of all kinds, including the transmitting device and any on-site equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with that antenna and added to a tower, structure, or building as part of the original installation of the antenna. For most services, an antenna will be mounted on or in, and is distinct from, a supporting structure such as a tower, structure or building. However, in the case of AM broadcast stations, the entire tower or group of towers constitutes the antenna for that station. For purposes of this section, the term antenna does not include unintentional radiators, mobile stations, or devices authorized under part 15 of this title . Applicant means a Commission licensee, permittee, or registration holder, or an applicant or prospective applicant for a wireless or broadcast license, authorization or antenna structure registration, and the duly authorized agents, employees, and contractors of any such person or entity. Collocation means the mounting or installation of an antenna on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, whether or not there is an existing antenna on the structure. Tower means any structure built for the sole or primary purpose of supporting Commission-licensed or authorized antennas, including the on-site fencing, equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with that tower but not installed as part of an antenna as defined herein. Undertaking means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of the Commission, including those requiring a Commission permit, license or approval. Maintenance and servicing of towers, antennas, and associated equipment are not deemed to be undertakings subject to review under this section. [ 82 FR 58758 , Dec. 14, 2017] Subpart J—Pole Attachment Complaint Procedures Source: 43 FR 36094 , Aug. 15, 1978, unless otherwise noted. § 1.1401 Purpose. The rules and regulations contained in subpart J of this part provide complaint and enforcement procedures to ensure that telecommunications carriers and cable system operators have nondiscriminatory access to utility poles, ducts, conduits, and rights-of-way on rates, terms, and conditions that are just and reasonable. They also provide complaint and enforcement procedures for incumbent local exchange carriers (as defined in 47 U.S.C. 251(h) ) to ensure that the rates, terms, and conditions of their access to pole attachments are just and reasonable. [ 83 FR 44838 , Sept. 4, 2018] § 1.1402 Definitions. ( a ) The term utility means any person that is a local exchange carrier or an electric, gas, water, steam, or other public utility, and who owns or controls poles, ducts, conduits, or rights-of-way used, in whole or in part, for any wire communications. Such term does not include any railroad, any person that is cooperatively organized, or any person owned by the Federal Government or any State. ( b ) The term pole attachment means any attachment by a cable television system or provider of telecommunications service to a pole, duct, conduit, or right-of-way owned or controlled by a utility. ( c ) With respect to poles, the term usable space means the space on a utility pole above the minimum grade level which can be used for the attachment of wires, cables, and associated equipment, and which includes space occupied by the utility. With respect to conduit, the term usable space means capacity within a conduit system which is available, or which could, with reasonable effort and expense, be made available, for the purpose of installing wires, cable and associated equipment for telecommunications or cable services, and which includes capacity occupied by the utility. ( d ) The term complaint means a filing by a cable television system operator, a cable television system association, a utility, an association of utilities, a telecommunications carrier, or an association of telecommunications carriers alleging that it has been denied access to a utility pole, duct, conduit, or right-of-way in violation of this subpart and/or that a rate, term, or condition for a pole attachment is not just and reasonable. It also means a filing by an incumbent local exchange carrier (as defined in 47 U.S.C. 251(h) ) or an association of incumbent local exchange carriers alleging that a rate, term, or condition for a pole attachment is not just and reasonable. ( e ) The term complainant means a cable television system operator, a cable television system association, a utility, an association of utilities, a telecommunications carrier, an association of telecommunications carriers, an incumbent local exchange carrier (as defined in 47 U.S.C. 251(h) ) or an association of incumbent local exchange carriers who files a complaint. ( f ) The term defendant means a cable television system operator, a utility, or a telecommunications carrier against whom a complaint is filed. ( g ) The term State means any State, territory, or possession of the United States, the District of Columbia, or any political subdivision, agency, or instrumentality thereof. ( h ) For purposes of this subpart, the term telecommunications carrier means any provider of telecommunications services, except that the term does not include aggregators of telecommunications services (as defined in 47 U.S.C. 226 ) or incumbent local exchange carriers (as defined in 47 U.S.C. 251(h) ). ( i ) The term conduit means a structure containing one or more ducts, usually placed in the ground, in which cables or wires may be installed. ( j ) The term conduit system means a collection of one or more conduits together with their supporting infrastructure. ( k ) The term duct means a single enclosed raceway for conductors, cable and/or wire. ( l ) With respect to poles, the term unusable space means the space on a utility pole below the usable space, including the amount required to set the depth of the pole. ( m ) The term attaching entity includes cable system operators, telecommunications carriers, incumbent and other local exchange carriers, utilities, governmental entities and other entities with a physical attachment to the pole, duct, conduit or right of way. It does not include governmental entities with only seasonal attachments to the pole. ( n ) The term inner-duct means a duct-like raceway smaller than a duct that is inserted into a duct so that the duct may carry multiple wires or cables. ( o ) The term make-ready means the modification or replacement of a utility pole, or of the lines or equipment on the utility pole, to accommodate additional facilities on the utility pole. ( p ) The term complex make-ready means transfers and work within the communications space that would be reasonably likely to cause a service outage(s) or facility damage, including work such as splicing of any communication attachment or relocation of existing wireless attachments. Any and all wireless activities, including those involving mobile, fixed, and point-to-point wireless communications and wireless internet service providers, are to be considered complex. ( q ) The term simple make-ready means make-ready where existing attachments in the communications space of a pole could be transferred without any reasonable expectation of a service outage or facility damage and does not require splicing of any existing communication attachment or relocation of an existing wireless attachment. ( r ) The term communications space means the lower usable space on a utility pole, which typically is reserved for low-voltage communications equipment. [ 43 FR 36094 , Aug. 15, 1978, as amended at 52 FR 31770 , Aug. 24, 1987; 61 FR 43024 , Aug. 20, 1996; 61 FR 45618 , Aug. 29, 1996; 63 FR 12024 , Mar. 12, 1998; 65 FR 31281 , May 17, 2000; 66 FR 34580 , June 29, 2001; 76 FR 26638 , May 9, 2011; 83 FR 44838 , Sept. 4, 2018; 83 FR 46836 , Sept. 14, 2018] § 1.1403 Duty to provide access; modifications; notice of removal, increase or modification; petition for temporary stay; and cable operator notice. ( a ) A utility shall provide a cable television system or any telecommunications carrier with nondiscriminatory access to any pole, duct, conduit, or right-of-way owned or controlled by it. Notwithstanding this obligation, a utility may deny a cable television system or any telecommunications carrier access to its poles, ducts, conduits, or rights-of-way, on a non-discriminatory basis where there is insufficient capacity or for reasons of safety, reliability and generally applicable engineering purposes. ( b ) Requests for access to a utility's poles, ducts, conduits or rights-of-way by a telecommunications carrier or cable operator must be in writing. If access is not granted within 45 days of the request for access, the utility must confirm the denial in writing by the 45th day. The utility's denial of access shall be specific, shall include all relevant evidence and information supporting its denial, and shall explain how such evidence and information relate to a denial of access for reasons of lack of capacity, safety, reliability or engineering standards. ( c ) A utility shall provide a cable television system or telecommunications carrier no less than 60 days written notice prior to: ( 1 ) Removal of facilities or termination of any service to those facilities, such removal or termination arising out of a rate, term or condition of the cable television system operator's or telecommunications carrier's pole attachment agreement; ( 2 ) Any increase in pole attachment rates; or ( 3 ) Any modification of facilities by the utility other than make-ready noticed pursuant to § 1.1411(e) , routine maintenance, or modification in response to emergencies. ( d ) A cable television system operator or telecommunications carrier may file a “Petition for Temporary Stay” of the action contained in a notice received pursuant to paragraph (c) of this section within 15 days of receipt of such notice. Such submission shall not be considered unless it includes, in concise terms, the relief sought, the reasons for such relief, including a showing of irreparable harm and likely cessation of cable television service or telecommunication service, a copy of the notice, and certification of service as required by § 1.1404(b) . The named may file an answer within 7 days of the date the Petition for Temporary Stay was filed. No further filings under this section will be considered unless requested or authorized by the Commission and no extensions of time will be granted unless justified pursuant to § 1.46 . ( e ) Cable operators must notify pole owners upon offering telecommunications services. [ 61 FR 45618 , Aug. 29, 1996, as amended at 63 FR 12025 , Mar. 12, 1998; 79 FR 73847 , Dec. 12, 2014; 83 FR 44839 , Sept. 4, 2018; 83 FR 46836 , Sept. 14, 2018] § 1.1404 Pole attachment complaint proceedings. ( a ) Pole attachment complaint proceedings shall be governed by the formal complaint rules in subpart E of this part , §§ 1.720-1.740 , except as otherwise provided in this subpart J. ( b ) The complaint shall be accompanied by a certification of service on the named defendant, and each of the Federal, State, and local governmental agencies that regulate any aspect of the services provided by the complainant or defendant. ( c ) In a case where it is claimed that a rate, term, or condition is unjust or unreasonable, the complaint shall contain a statement that the State has not certified to the Commission that it regulates the rates, terms and conditions for pole attachments. The complaint shall include a statement that the utility is not owned by any railroad, any person who is cooperatively organized or any person owned by the Federal Government or any State. ( d ) The complaint shall be accompanied by a copy of the pole attachment agreement, if any, between the cable television system operator or telecommunications carrier and the utility. If there is no present pole attachment agreement, the complaint shall contain: ( 1 ) A statement that the utility uses or controls poles, ducts, or conduits used or designated, in whole or in part, for wire communication; and ( 2 ) A statement that the cable television system operator or telecommunications carrier currently has attachments on the poles, ducts, conduits, or rights-of-way. ( e ) The complaint shall state with specificity the pole attachment rate, term or condition which is claimed to be unjust or unreasonable and provide all data and information supporting such claim. Data and information supporting the complaint (including all information necessary for the Commission to apply the rate formulas in § 1.1406 should be based upon historical or original cost methodology, insofar as possible. Data should be derived from ARMIS, FERC 1, or other reports filed with state or federal regulatory agencies (identify source). The complainant shall also specify any other information and argument relied upon to attempt to establish that a rate, term, or condition is not just and reasonable. ( f ) A utility must supply a cable television system operator or telecommunications carrier the information required in paragraph (e) of this section, as applicable, along with the supporting pages from its ARMIS, FERC Form 1, or other report to a regulatory body, and calculations made in connection with these figures, within 30 days of the request by the cable television system operator or telecommunications carrier. ( g ) If any of the information and data required in paragraphs (e) and (f) of this section is not provided to the cable television system operator or telecommunications carrier by the utility upon reasonable request, the cable television system operator or telecommunications carrier shall include a statement indicating the steps taken to obtain the information from the utility, including the dates of all requests. No complaint filed by a cable television system operator or telecommunications carrier shall be dismissed where the utility has failed to provide the information required under paragraphs (e) and (f) after such reasonable request. [ 83 FR 44839 , Sept. 4, 2018] § 1.1405 Dismissal of pole attachment complaints for lack of jurisdiction. ( a ) The complaint shall be dismissed for lack of jurisdiction in any case where a suitable certificate has been filed by a State pursuant to paragraph (b) of this section. Such certificate shall be conclusive proof of lack of jurisdiction of this Commission. A complaint alleging a denial of access shall be dismissed for lack of jurisdiction in any case where the defendant or a State offers proof that the State is regulating such access matters. Such proof should include a citation to state laws and regulations governing access and establishing a procedure for resolving access complaints in a state forum. A complaint against a utility shall also be dismissed if the utility does not use or control poles, ducts, or conduits used or designated, in whole or in part, for wire communication or if the utility does not meet the criteria of § 1.1402(a) . ( b ) It will be rebuttably presumed that the state is not regulating pole attachments if the Commission does not receive certification from a state that: ( 1 ) It regulates rates, terms and conditions for pole attachments; ( 2 ) In so regulating such rates, terms and conditions, the state has the authority to consider and does consider the interests of the consumers of the services offered via such attachments, as well as the interests of the consumers of the utility services; and ( 3 ) It has issued and made effective rules and regulations implementing the state's regulatory authority over pole attachments (including a specific methodology for such regulation which has been made publicly available in the state). ( c ) Upon receipt of such certification, the Commission shall give public notice. In addition, the Commission shall compile and publish from time to time, a listing of states which have provided certification. ( d ) Upon receipt of such certification, the Commission shall forward any pending case thereby affected to the state regulatory authority, shall so notify the parties involved and shall give public notice thereof. ( e ) Certification shall be by order of the state regulatory body or by a person having lawful delegated authority under provisions of state law to submit such certification. Said person shall provide in writing a statement that he or she has such authority and shall cite the law, regulation or other instrument conferring such authority. ( f ) Notwithstanding any such certification, jurisdiction will revert to this Commission with respect to any individual matter, unless the state takes final action on a complaint regarding such matter: ( 1 ) Within 180 days after the complaint is filed with the state, or ( 2 ) Within the applicable periods prescribed for such final action in such rules and regulations of the state, if the prescribed period does not extend beyond 360 days after the filing of such complaint. [ 83 FR 44839 , Sept. 4, 2018] § 1.1406 Commission consideration of the complaint. ( a ) The complainant shall have the burden of establishing a prima facie case that the rate, term, or condition is not just and reasonable or that the denial of access violates 47 U.S.C. 224(f) . If, however, a utility argues that the proposed rate is lower than its incremental costs, the utility has the burden of establishing that such rate is below the statutory minimum just and reasonable rate. In a case involving a denial of access, the utility shall have the burden of proving that the denial was lawful, once a prima facie case is established by the complainant. ( b ) The Commission shall determine whether the rate, term or condition complained of is just and reasonable. For the purposes of this paragraph, a rate is just and reasonable if it assures a utility the recovery of not less than the additional costs of providing pole attachments, nor more than an amount determined by multiplying the percentage of the total usable space, or the percentage of the total duct or conduit capacity, which is occupied by the pole attachment by the sum of the operating expenses and actual capital costs of the utility attributable to the entire pole, duct, conduit, or right-of-way. The Commission shall exclude from actual capital costs those reimbursements received by the utility from cable operators and telecommunications carriers for non-recurring costs. ( c ) The Commission shall deny the complaint if it determines that the complainant has not established a prima facie case, or that the rate, term or condition is just and reasonable, or that the denial of access was lawful. ( d ) The Commission will apply the following formulas for determining a maximum just and reasonable rate: ( 1 ) The following formula shall apply to attachments to poles by cable operators providing cable services. This formula shall also apply to attachments to poles by any telecommunications carrier (to the extent such carrier is not a party to a pole attachment agreement) or cable operator providing telecommunications services until February 8, 2001: ( 2 ) With respect to attachments to poles by any telecommunications carrier or cable operator providing telecommunications services, the maximum just and reasonable rate shall be the higher of the rate yielded by paragraphs (d)(2)(i) or (d)(2)(ii) of this section. ( i ) The following formula applies to the extent that it yields a rate higher than that yielded by the applicable formula in paragraph (d)(2)(ii) of this section: Rate = Space Factor × Cost Where Cost in Service Areas where the number of Attaching Entities is 5 = 0.66 × (Net Cost of a Bare Pole × Carrying Charge Rate) in Service Areas where the number of Attaching Entities is 4 = 0.56 × (Net Cost of a Bare Pole × Carrying Charge Rate) in Service Areas where the number of Attaching Entities is 3 = 0.44 × (Net Cost of a Bare Pole × Carrying Charge Rate) in Service Areas where the number of Attaching Entities is 2 = 0.31 × (Net Cost of a Bare Pole × Carrying Charge Rate) in Service Areas where the number of Attaching Entities is not a whole number = N × (Net Cost of a Bare Pole × Carrying Charge Rate), where N is interpolated from the cost allocator associated with the nearest whole numbers above and below the number of Attaching Entities. ( ii ) The following formula applies to the extent that it yields a rate higher than that yielded by the applicable formula in paragraph (d)(2)(i) of this section: ( 3 ) The following formula shall apply to attachments to conduit by cable operators and telecommunications carriers: simplified as: ( 4 ) If no inner-duct is installed the fraction, “1 Duct divided by the No. of Inner-Ducts” is presumed to be 1 ⁄ 2 . ( e ) A price cap company, or a rate-of-return carrier electing to provide service pursuant to § 61.50 of this chapter , that opts-out of part 32 of this chapter may calculate attachment rates for its poles, ducts, conduits, and rights of way using either part 32 accounting data or GAAP accounting data. A company using GAAP accounting data to compute rates to attach to its poles, ducts, conduits, and rights of way in any of the first twelve years after opting-out must adjust (increase or decrease) its annually computed GAAP-based rates by an Implementation Rate Difference for each of the remaining years in the period. The Implementation Rate Difference means the difference between attachment rates calculated by the carrier under part 32 and under GAAP as of the last full year preceding the carrier's initial opting-out of part 32 USOA accounting requirements. [ 83 FR 44840 , Sept. 4, 2018, as amended at 83 FR 67121 , Dec. 28, 2018] § 1.1407 Remedies. ( a ) If the Commission determines that the rate, term, or condition complained of is not just and reasonable, it may prescribe a just and reasonable rate, term, or condition and may: ( 1 ) Terminate the unjust and/or unreasonable rate, term, or condition; ( 2 ) Substitute in the pole attachment agreement the just and reasonable rate, term, or condition established by the Commission; and/or ( 3 ) Order a refund, or payment, if appropriate. The refund or payment will normally be the difference between the amount paid under the unjust and/or unreasonable rate, term, or condition and the amount that would have been paid under the rate, term, or condition established by the Commission, plus interest, consistent with the applicable statute of limitations. ( b ) If the Commission determines that access to a pole, duct, conduit, or right-of-way has been unlawfully denied or delayed, it may order that access be permitted within a specified time frame and in accordance with specified rates, terms, and conditions. [ 83 FR 44841 , Sept. 4, 2018] § 1.1408 Imputation of rates; modification costs. ( a ) A utility that engages in the provision of telecommunications services or cable services shall impute to its costs of providing such services (and charge any affiliate, subsidiary, or associate company engaged in the provision of such services) an equal amount to the pole attachment rate for which such company would be liable under this section. ( b ) The costs of modifying a facility shall be borne by all parties that obtain access to the facility as a result of the modification and by all parties that directly benefit from the modification. Each party described in the preceding sentence shall share proportionately in the cost of the modification. A party with a preexisting attachment to the modified facility shall be deemed to directly benefit from a modification if, after receiving notification of such modification as provided in subpart J of this part , it adds to or modifies its attachment. Notwithstanding the foregoing, a party with a preexisting attachment to a pole, conduit, duct or right-of-way shall not be required to bear any of the costs of rearranging or replacing its attachment if such rearrangement or replacement is necessitated solely as a result of an additional attachment or the modification of an existing attachment sought by another party. If a party makes an attachment to the facility after the completion of the modification, such party shall share proportionately in the cost of the modification if such modification rendered possible the added attachment. [ 61 FR 43025 , Aug. 20, 1996; 61 FR 45619 , Aug. 29, 1996. Redesignated at 83 FR 44841 , Sept. 4, 2018] § 1.1409 Allocation of Unusable Space Costs. ( a ) With respect to the formula referenced in § 1.1406(d)(2) , a utility shall apportion the cost of providing unusable space on a pole so that such apportionment equals two-thirds of the costs of providing unusable space that would be allocated to such entity under an equal apportionment of such costs among all attaching entities. ( b ) All attaching entities attached to the pole shall be counted for purposes of apportioning the cost of unusable space. ( c ) Utilities may use the following rebuttable presumptive averages when calculating the number of attaching entities with respect to the formula referenced in § 1.1406(d)(2) . For non-urbanized service areas (under 50,000 population), a presumptive average number of attaching entities of three. For urbanized service areas (50,000 or higher population), a presumptive average number of attaching entities of five. If any part of the utility's service area within the state has a designation of urbanized (50,000 or higher population) by the Bureau of Census, United States Department of Commerce, then all of that service area shall be designated as urbanized for purposes of determining the presumptive average number of attaching entities. ( d ) A utility may establish its own presumptive average number of attaching entities for its urbanized and non-urbanized service area as follows: ( 1 ) Each utility shall, upon request, provide all attaching entities and all entities seeking access the methodology and information upon which the utilities presumptive average number of attachers is based. ( 2 ) Each utility is required to exercise good faith in establishing and updating its presumptive average number of attachers. ( 3 ) The presumptive average number of attachers may be challenged by an attaching entity by submitting information demonstrating why the utility's presumptive average is incorrect. The attaching entity should also submit what it believes should be the presumptive average and the methodology used. Where a complete inspection is impractical, a statistically sound survey may be submitted. ( 4 ) Upon successful challenge of the existing presumptive average number of attachers, the resulting data determined shall be used by the utility as the presumptive number of attachers within the rate formula. [ 63 FR 12026 , Mar. 12, 1998, as amended at 66 FR 34581 , June 29, 2001. Redesignated and amended at 83 FR 44841 , Sept. 4, 2018] § 1.1410 Use of presumptions in calculating the space factor. With respect to the formulas referenced in § 1.1406(d)(1) and (d)(2) , the space occupied by an attachment is presumed to be one foot. The amount of usable space is presumed to be 13.5 feet. The amount of unusable space is presumed to be 24 feet. The pole height is presumed to be 37.5 feet. These presumptions may be rebutted by either party. [ 83 FR 44841 , Sept. 4, 2018] § 1.1411 Timeline for access to utility poles. Cross Reference Link to an amendment published at 89 FR 2170 , Jan. 12, 2024. ( a ) Definitions. ( 1 ) The term “attachment” means any attachment by a cable television system or provider of telecommunications service to a pole owned or controlled by a utility. ( 2 ) The term “new attacher” means a cable television system or telecommunications carrier requesting to attach new or upgraded facilities to a pole owned or controlled by a utility. ( 3 ) The term “existing attacher” means any entity with equipment on a utility pole. ( b ) All time limits in this subsection are to be calculated according to § 1.4 . ( c ) Application review and survey — ( 1 ) Application completeness. A utility shall review a new attacher's attachment application for completeness before reviewing the application on its merits. A new attacher's attachment application is considered complete if it provides the utility with the information necessary under its procedures, as specified in a master service agreement or in requirements that are available in writing publicly at the time of submission of the application, to begin to survey the affected poles. ( i ) A utility shall determine within 10 business days after receipt of a new attacher's attachment application whether the application is complete and notify the attacher of that decision. If the utility does not respond within 10 business days after receipt of the application, or if the utility rejects the application as incomplete but fails to specify any reasons in its response, then the application is deemed complete. If the utility timely notifies the new attacher that its attachment application is not complete, then it must specify all reasons for finding it incomplete. ( ii ) Any resubmitted application need only address the utility's reasons for finding the application incomplete and shall be deemed complete within 5 business days after its resubmission, unless the utility specifies to the new attacher which reasons were not addressed and how the resubmitted application did not sufficiently address the reasons. The new attacher may follow the resubmission procedure in this paragraph as many times as it chooses so long as in each case it makes a bona fide attempt to correct the reasons identified by the utility, and in each case the deadline set forth in this paragraph shall apply to the utility's review. ( 2 ) Application review on the merits. A utility shall respond to the new attacher either by granting access or, consistent with § 1.1403(b) , denying access within 45 days of receipt of a complete application to attach facilities to its utility poles (or within 60 days in the case of larger orders as described in paragraph (g) of this section). A utility may not deny the new attacher pole access based on a preexisting violation not caused by any prior attachments of the new attacher. ( 3 ) Survey. ( i ) A utility shall complete a survey of poles for which access has been requested within 45 days of receipt of a complete application to attach facilities to its utility poles (or within 60 days in the case of larger orders as described in paragraph (g) of this section). ( ii ) A utility shall permit the new attacher and any existing attachers on the affected poles to be present for any field inspection conducted as part of the utility's survey. A utility shall use commercially reasonable efforts to provide the affected attachers with advance notice of not less than 3 business days of any field inspection as part of the survey and shall provide the date, time, and location of the survey, and name of the contractor performing the survey. ( iii ) Where a new attacher has conducted a survey pursuant to paragraph (j)(3) of this section, a utility can elect to satisfy its survey obligations in this paragraph by notifying affected attachers of its intent to use the survey conducted by the new attacher pursuant to paragraph (j)(3) of this section and by providing a copy of the survey to the affected attachers within the time period set forth in paragraph (c)(3)(i) of this section. A utility relying on a survey conducted pursuant to paragraph (j)(3) of this section to satisfy all of its obligations under paragraph (c)(3)(i) of this section shall have 15 days to make such a notification to affected attachers rather than a 45 day survey period. ( 4 ) Information from cyclical pole inspection reports. ( i ) Upon submitting its attachment application, a new attacher may request in writing that the utility provide, as to the poles covered by such attachment application, the information regarding those poles contained in the utility's most recent cyclical pole inspection reports, or, if available, any more recent pole inspection report. The utility shall provide the new attacher with this information within ten (10) business days of the new attacher's written request. ( ii ) Utilities shall retain copies of their pole inspection reports, in the form they are created, until a superseding report covering the poles included in the attachment application is completed. ( iii ) For purposes of this section, a cyclical pole inspection report is any report that a utility creates in the normal course of its business that sets forth the results of a routine inspection of its poles during the utility's normal pole inspection cycle. ( iv ) After requesting and receiving pole inspection information from a utility related to poles covered by its application, a new attacher may amend an attachment application at any time until the utility grants or denies the original application. ( A ) A utility that receives such an amended attachment application may, at its option, restart the 45-day period (or 60-day period for larger orders) for responding to the application and conducting the survey. ( B ) A utility electing to restart the 45-day period (or 60-day period for larger orders) shall notify the attacher of its intent to do so within five (5) business days of receipt of the amended application or by the 45th day (or 60th day, if applicable) after the original application is considered complete, whichever is earlier. ( d ) Estimate. Where a new attacher's request for access is not denied, a utility shall present to a new attacher a detailed, itemized estimate, on a pole-by-pole basis where requested, of charges to perform all necessary make-ready within 14 days of providing the response required by paragraph (c) of this section, or in the case where a new attacher has performed a survey, within 14 days of receipt by the utility of such survey. Where a pole-by-pole estimate is requested and the utility incurs fixed costs that are not reasonably calculable on a pole-by-pole basis, the utility present charges on a per-job basis rather than present a pole-by-pole estimate for those fixed cost charges. The utility shall provide documentation that is sufficient to determine the basis of all estimated charges, including any projected material, labor, and other related costs that form the basis of its estimate. ( 1 ) A utility may withdraw an outstanding estimate of charges to perform make-ready work beginning 14 days after the estimate is presented. ( 2 ) A new attacher may accept a valid estimate and make payment any time after receipt of an estimate, except it may not accept after the estimate is withdrawn. ( 3 ) Final invoice: After the utility completes make-ready, if the final cost of the work differs from the estimate, it shall provide the new attacher with a detailed, itemized final invoice of the actual make-ready charges incurred, on a pole-by-pole basis where requested, to accommodate the new attacher's attachment. Where a pole-by-pole estimate is requested and the utility incurs fixed costs that are not reasonably calculable on a pole-by-pole basis, the utility may present charges on a per-job basis rather than present a pole-by-pole invoice for those fixed cost charges. The utility shall provide documentation that is sufficient to determine the basis of all estimated charges, including any projected material, labor, and other related costs that form the basis of its estimate. ( 4 ) A utility may not charge a new attacher to bring poles, attachments, or third-party equipment into compliance with current published safety, reliability, and pole owner construction standards guidelines if such poles, attachments, or third-party equipment were out of compliance because of work performed by a party other than the new attacher prior to the new attachment. ( e ) Make-ready. Upon receipt of payment specified in paragraph (d)(2) of this section, a utility shall notify immediately and in writing all known entities with existing attachments that may be affected by the make-ready. ( 1 ) For attachments in the communications space, the notice shall: ( i ) Specify where and what make-ready will be performed. ( ii ) Set a date for completion of make-ready in the communications space that is no later than 30 days after notification is sent (or up to 75 days in the case of larger orders as described in paragraph (g) of this section). ( iii ) State that any entity with an existing attachment may modify the attachment consistent with the specified make-ready before the date set for completion. ( iv ) State that if make-ready is not completed by the completion date set by the utility in paragraph (e)(1)(ii) in this section, the new attacher may complete the make-ready specified pursuant to paragraph (e)(1)(i) in this section. ( v ) State the name, telephone number, and email address of a person to contact for more information about the make-ready procedure. ( 2 ) For attachments above the communications space, the notice shall: ( i ) Specify where and what make-ready will be performed. ( ii ) Set a date for completion of make-ready that is no later than 90 days after notification is sent (or 135 days in the case of larger orders, as described in paragraph (g) of this section). ( iii ) State that any entity with an existing attachment may modify the attachment consistent with the specified make-ready before the date set for completion. ( iv ) State that the utility may assert its right to 15 additional days to complete make-ready. ( v ) State that if make-ready is not completed by the completion date set by the utility in paragraph (e)(2)(ii) in this section (or, if the utility has asserted its 15-day right of control, 15 days later), the new attacher may complete the make-ready specified pursuant to paragraph (e)(1)(i) of this section. ( vi ) State the name, telephone number, and email address of a person to contact for more information about the make-ready procedure. ( 3 ) Once a utility provides the notices described in this section, it then must provide the new attacher with a copy of the notices and the existing attachers' contact information and address where the utility sent the notices. The new attacher shall be responsible for coordinating with existing attachers to encourage their completion of make-ready by the dates set forth by the utility in paragraph (e)(1)(ii) of this section for communications space attachments or paragraph (e)(2)(ii) of this section for attachments above the communications space. ( f ) A utility shall complete its make-ready in the communications space by the same dates set for existing attachers in paragraph (e)(1)(ii) of this section or its make-ready above the communications space by the same dates for existing attachers in paragraph (e)(2)(ii) of this section (or if the utility has asserted its 15-day right of control, 15 days later). ( g ) For the purposes of compliance with the time periods in this section: ( 1 ) A utility shall apply the timeline described in paragraphs (c) through (e) of this section to all requests for attachment up to the lesser of 300 poles or 0.5 percent of the utility's poles in a state. ( 2 ) A utility may add 15 days to the survey period described in paragraph (c) of this section to larger orders up to the lesser of 3000 poles or 5 percent of the utility's poles in a state. ( 3 ) A utility may add 45 days to the make-ready periods described in paragraph (e) of this section to larger orders up to the lesser of 3000 poles or 5 percent of the utility's poles in a state. ( 4 ) A utility shall negotiate in good faith the timing of all requests for attachment larger than the lesser of 3000 poles or 5 percent of the utility's poles in a state. ( 5 ) A utility may treat multiple requests from a single new attacher as one request when the requests are filed within 30 days of one another. ( h ) Deviation from the time limits specified in this section. ( 1 ) A utility may deviate from the time limits specified in this section before offering an estimate of charges if the parties have no agreement specifying the rates, terms, and conditions of attachment. ( 2 ) A utility may deviate from the time limits specified in this section during performance of make-ready for good and sufficient cause that renders it infeasible for the utility to complete make-ready within the time limits specified in this section. A utility that so deviates shall immediately notify, in writing, the new attacher and affected existing attachers and shall identify the affected poles and include a detailed explanation of the reason for the deviation and a new completion date. The utility shall deviate from the time limits specified in this section for a period no longer than necessary to complete make-ready on the affected poles and shall resume make-ready without discrimination when it returns to routine operations. A utility cannot delay completion of make-ready because of a preexisting violation on an affected pole not caused by the new attacher. ( 3 ) An existing attacher may deviate from the time limits specified in this section during performance of complex make-ready for reasons of safety or service interruption that renders it infeasible for the existing attacher to complete complex make-ready within the time limits specified in this section. An existing attacher that so deviates shall immediately notify, in writing, the new attacher and other affected existing attachers and shall identify the affected poles and include a detailed explanation of the basis for the deviation and a new completion date, which in no event shall extend beyond 60 days from the date the notice described in paragraph (e)(1) of this section is sent by the utility (or up to 105 days in the case of larger orders described in paragraph (g) of this section). The existing attacher shall deviate from the time limits specified in this section for a period no longer than necessary to complete make-ready on the affected poles. ( i ) Self-help remedy — ( 1 ) Surveys. If a utility fails to complete a survey as specified in paragraph (c)(3)(i) of this section, then a new attacher may conduct the survey in place of the utility and, as specified in § 1.1412 , hire a contractor to complete a survey. ( i ) A new attacher shall permit the affected utility and existing attachers to be present for any field inspection conducted as part of the new attacher's survey. ( ii ) A new attacher shall use commercially reasonable efforts to provide the affected utility and existing attachers with advance notice of not less than 3 business days of a field inspection as part of any survey it conducts. The notice shall include the date and time of the survey, a description of the work involved, and the name of the contractor being used by the new attacher. ( 2 ) Make-ready. If make-ready is not complete by the date specified in paragraph (e) of this section, then a new attacher may conduct the make-ready in place of the utility and existing attachers, and, as specified in § 1.1412 , hire a contractor to complete the make-ready. ( i ) A new attacher shall permit the affected utility and existing attachers to be present for any make-ready. A new attacher shall use commercially reasonable efforts to provide the affected utility and existing attachers with advance notice of not less than 5 days of the impending make-ready. The notice shall include the date and time of the make-ready, a description of the work involved, and the name of the contractor being used by the new attacher. ( ii ) The new attacher shall notify an affected utility or existing attacher immediately if make-ready damages the equipment of a utility or an existing attacher or causes an outage that is reasonably likely to interrupt the service of a utility or existing attacher. Upon receiving notice from the new attacher, the utility or existing attacher may either: ( A ) Complete any necessary remedial work and bill the new attacher for the reasonable costs related to fixing the damage; or ( B ) Require the new attacher to fix the damage at its expense immediately following notice from the utility or existing attacher. ( iii ) A new attacher shall notify the affected utility and existing attachers within 15 days after completion of make-ready on a particular pole. The notice shall provide the affected utility and existing attachers at least 90 days from receipt in which to inspect the make-ready. The affected utility and existing attachers have 14 days after completion of their inspection to notify the new attacher of any damage or code violations caused by make-ready conducted by the new attacher on their equipment. If the utility or an existing attacher notifies the new attacher of such damage or code violations, then the utility or existing attacher shall provide adequate documentation of the damage or the code violations. The utility or existing attacher may either complete any necessary remedial work and bill the new attacher for the reasonable costs related to fixing the damage or code violations or require the new attacher to fix the damage or code violations at its expense within 14 days following notice from the utility or existing attacher. ( 3 ) Pole replacements. Self-help shall not be available for pole replacements. ( j ) One -touch make-ready option. For attachments involving simple make-ready, new attachers may elect to proceed with the process described in this paragraph in lieu of the attachment process described in paragraphs (c) through (f) and (i) of this section. ( 1 ) Attachment application. ( i ) A new attacher electing the one-touch make-ready process must elect the one-touch make-ready process in writing in its attachment application and must identify the simple make-ready that it will perform. It is the responsibility of the new attacher to ensure that its contractor determines whether the make-ready requested in an attachment application is simple. ( ii ) The utility shall review the new attacher's attachment application for completeness before reviewing the application on its merits. An attachment application is considered complete if it provides the utility with the information necessary under its procedures, as specified in a master service agreement or in publicly-released requirements at the time of submission of the application, to make an informed decision on the application. ( A ) A utility has 10 business days after receipt of a new attacher's attachment application in which to determine whether the application is complete and notify the attacher of that decision. If the utility does not respond within 10 business days after receipt of the application, or if the utility rejects the application as incomplete but fails to specify any reasons in the application, then the application is deemed complete. ( B ) If the utility timely notifies the new attacher that its attachment application is not complete, then the utility must specify all reasons for finding it incomplete. Any resubmitted application need only address the utility's reasons for finding the application incomplete and shall be deemed complete within 5 business days after its resubmission, unless the utility specifies to the new attacher which reasons were not addressed and how the resubmitted application did not sufficiently address the reasons. The applicant may follow the resubmission procedure in this paragraph as many times as it chooses so long as in each case it makes a bona fide attempt to correct the reasons identified by the utility, and in each case the deadline set forth in this paragraph shall apply to the utility's review. ( 2 ) Application review on the merits. The utility shall review on the merits a complete application requesting one-touch make-ready and respond to the new attacher either granting or denying an application within 15 days of the utility's receipt of a complete application (or within 30 days in the case of larger orders as described in paragraph (g) of this section). ( i ) If the utility denies the application on its merits, then its decision shall be specific, shall include all relevant evidence and information supporting its decision, and shall explain how such evidence and information relate to a denial of access for reasons of lack of capacity, safety, reliability, or engineering standards. ( ii ) Within the 15-day application review period (or within 30 days in the case of larger orders as described in paragraph (g) of this section), a utility may object to the designation by the new attacher's contractor that certain make-ready is simple. If the utility objects to the contractor's determination that make-ready is simple, then it is deemed complex. The utility's objection is final and determinative so long as it is specific and in writing, includes all relevant evidence and information supporting its decision, made in good faith, and explains how such evidence and information relate to a determination that the make-ready is not simple. ( 3 ) Surveys. The new attacher is responsible for all surveys required as part of the one-touch make-ready process and shall use a contractor as specified in § 1.1412(b) . ( i ) The new attacher shall permit the utility and any existing attachers on the affected poles to be present for any field inspection conducted as part of the new attacher's surveys. The new attacher shall use commercially reasonable efforts to provide the utility and affected existing attachers with advance notice of not less than 3 business days of a field inspection as part of any survey and shall provide the date, time, and location of the surveys, and name of the contractor performing the surveys. ( ii ) [Reserved] ( 4 ) Make-ready. If the new attacher's attachment application is approved and if it has provided 15 days prior written notice of the make-ready to the affected utility and existing attachers, the new attacher may proceed with make-ready using a contractor in the manner specified for simple make-ready in § 1.1412(b) . ( i ) The prior written notice shall include the date and time of the make-ready, a description of the work involved, the name of the contractor being used by the new attacher, and provide the affected utility and existing attachers a reasonable opportunity to be present for any make-ready. ( ii ) The new attacher shall notify an affected utility or existing attacher immediately if make-ready damages the equipment of a utility or an existing attacher or causes an outage that is reasonably likely to interrupt the service of a utility or existing attacher. Upon receiving notice from the new attacher, the utility or existing attacher may either: ( A ) Complete any necessary remedial work and bill the new attacher for the reasonable costs related to fixing the damage; or ( B ) Require the new attacher to fix the damage at its expense immediately following notice from the utility or existing attacher. ( iii ) In performing make-ready, if the new attacher or the utility determines that make-ready classified as simple is complex, then that specific make-ready must be halted and the determining party must provide immediate notice to the other party of its determination and the impacted poles. The affected make-ready shall then be governed by paragraphs (d) through (i) of this section and the utility shall provide the notice required by paragraph (e) of this section as soon as reasonably practicable. ( 5 ) Post-make-ready timeline. A new attacher shall notify the affected utility and existing attachers within 15 days after completion of make-ready on a particular pole. The notice shall provide the affected utility and existing attachers at least 90 days from receipt in which to inspect the make-ready. The affected utility and existing attachers have 14 days after completion of their inspection to notify the new attacher of any damage or code violations caused by make-ready conducted by the new attacher on their equipment. If the utility or an existing attacher notifies the new attacher of such damage or code violations, then the utility or existing attacher shall provide adequate documentation of the damage or the code violations. The utility or existing attacher may either complete any necessary remedial work and bill the new attacher for the reasonable costs related to fixing the damage or code violations or require the new attacher to fix the damage or code violations at its expense within 14 days following notice from the utility or existing attacher. [ 76 FR 26640 , May 9, 2011. Redesignated and amended at 83 FR 44841 , Sept. 4, 2018; 83 FR 46836 , Sept. 14, 2018; 89 FR 2170 , Jan. 12, 2024
] § 1.1412 Contractors for survey and make-ready. ( a ) Contractors for self-help complex and above the communications space make-ready. A utility shall make available and keep up-to-date a reasonably sufficient list of contractors it authorizes to perform self-help surveys and make-ready that is complex and self-help surveys and make-ready that is above the communications space on its poles. The new attacher must use a contractor from this list to perform self-help work that is complex or above the communications space. New and existing attachers may request the addition to the list of any contractor that meets the minimum qualifications in paragraphs (c)(1) through (5) of this section and the utility may not unreasonably withhold its consent. ( b ) Contractors for simple work. A utility may, but is not required to, keep up-to-date a reasonably sufficient list of contractors it authorizes to perform surveys and simple make-ready. If a utility provides such a list, then the new attacher must choose a contractor from the list to perform the work. New and existing attachers may request the addition to the list of any contractor that meets the minimum qualifications in paragraphs (c)(1) through (5) of this section and the utility may not unreasonably withhold its consent. ( 1 ) If the utility does not provide a list of approved contractors for surveys or simple make-ready or no utility-approved contractor is available within a reasonable time period, then the new attacher may choose its own qualified contractor that meets the requirements in paragraph (c) of this section. When choosing a contractor that is not on a utility-provided list, the new attacher must certify to the utility that its contractor meets the minimum qualifications described in paragraph (c) of this section when providing notices required by § 1.1411(i)(1)(ii) , (i)(2)(i) , (j)(3)(i) , and (j)(4) . ( 2 ) The utility may disqualify any contractor chosen by the new attacher that is not on a utility-provided list, but such disqualification must be based on reasonable safety or reliability concerns related to the contractor's failure to meet any of the minimum qualifications described in paragraph (c) of this section or to meet the utility's publicly available and commercially reasonable safety or reliability standards. The utility must provide notice of its contractor objection within the notice periods provided by the new attacher in § 1.1411(i)(1)(ii) , (i)(2)(i) , (j)(3)(i) , and (j)(4) and in its objection must identify at least one available qualified contractor. ( c ) Contractor minimum qualification requirements. Utilities must ensure that contractors on a utility-provided list, and new attachers must ensure that contractors they select pursuant to paragraph (b)(1) of this section, meet the following minimum requirements: ( 1 ) The contractor has agreed to follow published safety and operational guidelines of the utility, if available, but if unavailable, the contractor shall agree to follow National Electrical Safety Code (NESC) guidelines; ( 2 ) The contractor has acknowledged that it knows how to read and follow licensed-engineered pole designs for make-ready, if required by the utility; ( 3 ) The contractor has agreed to follow all local, state, and federal laws and regulations including, but not limited to, the rules regarding Qualified and Competent Persons under the requirements of the Occupational and Safety Health Administration (OSHA) rules; ( 4 ) The contractor has agreed to meet or exceed any uniformly applied and reasonable safety and reliability thresholds set by the utility, if made available; and ( 5 ) The contractor is adequately insured or will establish an adequate performance bond for the make-ready it will perform, including work it will perform on facilities owned by existing attachers. ( d ) The consulting representative of an electric utility may make final determinations, on a nondiscriminatory basis, where there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes. [ 76 FR 26640 , May 9, 2011. Redesignated and amended at 83 FR 44842 , Sept. 4, 2018; 83 FR 46839 , Sept. 14, 2018] § 1.1413 Complaints by incumbent local exchange carriers. ( a ) A complaint by an incumbent local exchange carrier (as defined in 47 U.S.C. 251(h) ) or an association of incumbent local exchange carriers alleging that it has been denied access to a pole, duct, conduit, or right-of-way owned or controlled by a local exchange carrier or that a utility's rate, term, or condition for a pole attachment is not just and reasonable shall follow the same complaint procedures specified for other pole attachment complaints in this part. ( b ) In complaint proceedings challenging utility pole attachment rates, terms, and conditions for pole attachment contracts entered into or renewed after the effective date of this section, there is a presumption that an incumbent local exchange carrier (or an association of incumbent local exchange carriers) is similarly situated to an attacher that is a telecommunications carrier (as defined in 47 U.S.C. 251(a)(5) ) or a cable television system providing telecommunications services for purposes of obtaining comparable rates, terms, or conditions. In such complaint proceedings challenging pole attachment rates, there is a presumption that incumbent local exchange carriers (or an association of incumbent local exchange carriers) may be charged no higher than the rate determined in accordance with § 1.1406(d)(2) . A utility can rebut either or both of the two presumptions in this paragraph (b) with clear and convincing evidence that the incumbent local exchange carrier receives benefits under its pole attachment agreement with a utility that materially advantages the incumbent local exchange carrier over other telecommunications carriers or cable television systems providing telecommunications services on the same poles. [ 83 FR 46840 , Sept. 14, 2018, as amended at 85 FR 64061 , Oct. 9, 2020] § 1.1414 Review period for pole attachment complaints. ( a ) Pole access complaints. Except in extraordinary circumstances, final action on a complaint where a cable television system operator or provider of telecommunications service claims that it has been denied access to a pole, duct, conduit, or right-of-way owned or controlled by a utility should be expected no later than 180 days from the date the complaint is filed with the Commission. The Enforcement Bureau shall have the discretion to pause the 180-day review period in situations where actions outside the Enforcement Bureau's control are responsible for delaying review of a pole access complaint. ( b ) Other pole attachment complaints. All other pole attachment complaints shall be governed by the review period in § 1.740 . [ 83 FR 44842 , Sept. 4, 2018] § 1.1415 Dispute resolution procedures for pole attachment disputes that impede or delay broadband deployment; functions of the Rapid Broadband Assessment Team. ( a ) An inter-bureau team, to be known as the Rapid Broadband Assessment Team (RBAT), shall be established to prioritize and expedite the resolution of pole attachment disputes that are alleged to impede or delay the deployment of broadband facilities and to provide coordinated review and assessment of such disputes. The RBAT shall consist of one or more staff from the Enforcement Bureau and one or more staff from the Wireline Competition Bureau. Senior staff in the Enforcement Bureau and the Wireline Competition Bureau shall designate individuals from their respective bureaus to serve on the RBAT. ( b ) The RBAT shall prioritize the resolution of a pole attachment dispute that a party seeking RBAT review has alleged is impeding or delaying an active broadband deployment project, including where the party is also seeking placement of the dispute on the Accelerated Docket pursuant to § 1.736 . The RBAT shall gather and promptly review all pertinent information submitted by the parties and shall have discretion to decide the most appropriate process for resolving the dispute, including recommending an RBAT-supervised mediation process pursuant to § 1.737 , use of the Accelerated Docket, and/or other appropriate action. Although RBAT-supervised mediation is generally voluntary, the RBAT may require that the parties participate in pre-filing settlement negotiations or mediation under § 1.737 as a condition for including a matter on the Accelerated Docket. The RBAT may recommend to the parties use of the Accelerated Docket where it determines, based upon a totality of the criteria outlined in paragraph (e) of this section, that a complaint, or a portion of a complaint, is suitable for inclusion on the Accelerated Docket. ( c ) A party to a pole attachment dispute, prior to filing a formal complaint, may request RBAT review and assessment of such dispute if the party believes the dispute is impeding or delaying the deployment of a broadband facilities project. The party seeking RBAT review and assessment shall first notify the Chief of the Enforcement Bureau's Market Disputes Resolution Division (MDRD) by phone and in writing of the request. The MDRD Chief shall direct the requesting party to the location of a form on the MDRD website—FCC-5653, Request for RBAT Review and Assessment—and to instructions for completing and electronically transmitting the form to the RBAT. ( d ) Upon receipt of the completed Request for RBAT Review and Assessment, the RBAT shall schedule a meeting, through a manner of the RBAT's choosing, with all parties as soon as practicable. The RBAT may request a written response from the other party or parties to the dispute with respect to one or more issues raised by the party seeking RBAT review. The RBAT also may request that the party seeking RBAT review or any other party or parties to the dispute provide the RBAT with documentation or other information relevant to the dispute. In the initial meeting, or shortly thereafter, the RBAT shall provide guidance and advice to the parties on the most effective means of resolving their dispute, including RBAT-supervised mediation pursuant to § 1.737 ; use of the Accelerated Docket; and/or any other appropriate action. If the parties seek RBAT-supervised mediation, the MDRD Chief, in consultation with the RBAT, may waive the procedures or requirements of § 1.737 as appropriate in this context, or as needed in light of the facts or circumstances of a particular case. ( e ) The RBAT shall have discretion to decide whether a complaint, or a portion of a complaint, involving a dispute that a party alleges to be impeding or delaying the deployment of broadband facilities is suitable for inclusion on the Accelerated Docket pursuant to § 1.736 . In determining whether to accept a complaint, or a portion of a complaint, on the Accelerated Docket, the RBAT shall base its decision on a totality of the factors from the following list: ( 1 ) Whether the prospective complainant states a claim for violation of the Act, or a Commission rule or order that falls within the Commission's jurisdiction; ( 2 ) Whether the expedited resolution of a particular dispute or category of disputes appears likely to advance the deployment of broadband facilities or services, especially in an unserved or underserved area; ( 3 ) Whether the parties to the dispute have exhausted all reasonable opportunities for settlement during any staff-supervised mediation; ( 4 ) The number and complexity of the issues in dispute; ( 5 ) Whether the dispute raises new or novel issues versus settled interpretations of rules or policies; ( 6 ) The likely need for, and complexity of, discovery; ( 7 ) The likely need for expert testimony; ( 8 ) The ability of the parties to stipulate to facts; ( 9 ) Whether the parties have already assembled relevant evidence bearing on the disputed facts; ( 10 ) Willingness of the prospective complainant to seek a ruling on a subset of claims or issues ( e.g., threshold or “test cases”); and ( 11 ) Such other factors as the RBAT, within its discretion, may deem appropriate and conducive to the prompt and fair adjudication of the complaint proceeding. [ 89 FR 2171 , Jan. 12, 2024] § 1.1416 Overlashing. ( a ) Prior approval. A utility shall not require prior approval for: ( 1 ) An existing attacher that overlashes its existing wires on a pole; or ( 2 ) For third party overlashing of an existing attachment that is conducted with the permission of an existing attacher. ( b ) Preexisting violations. A utility may not prevent an attacher from overlashing because another existing attacher has not fixed a preexisting violation. A utility may not require an existing attacher that overlashes its existing wires on a pole to fix preexisting violations caused by another existing attacher. ( c ) Advance notice. A utility may require no more than 15 days' advance notice of planned overlashing. If a utility requires advance notice for overlashing, then the utility must provide existing attachers with advance written notice of the notice requirement or include the notice requirement in the attachment agreement with the existing attacher. If after receiving advance notice, the utility determines that an overlash would create a capacity, safety, reliability, or engineering issue, it must provide specific documentation of the issue to the party seeking to overlash within the 15 day advance notice period and the party seeking to overlash must address any identified issues before continuing with the overlash either by modifying its proposal or by explaining why, in the party's view, a modification is unnecessary. A utility may not charge a fee to the party seeking to overlash for the utility's review of the proposed overlash. ( d ) Overlashers' responsibility. A party that engages in overlashing is responsible for its own equipment and shall ensure that it complies with reasonable safety, reliability, and engineering practices. If damage to a pole or other existing attachment results from overlashing or overlashing work causes safety or engineering standard violations, then the overlashing party is responsible at its expense for any necessary repairs. ( e ) Post-overlashing review. An overlashing party shall notify the affected utility within 15 days of completion of the overlash on a particular pole. The notice shall provide the affected utility at least 90 days from receipt in which to inspect the overlash. The utility has 14 days after completion of its inspection to notify the overlashing party of any damage or code violations to its equipment caused by the overlash. If the utility discovers damage or code violations caused by the overlash on equipment belonging to the utility, then the utility shall inform the overlashing party and provide adequate documentation of the damage or code violations. The utility may either complete any necessary remedial work and bill the overlashing party for the reasonable costs related to fixing the damage or code violations or require the overlashing party to fix the damage or code violations at its expense within 14 days following notice from the utility. [ 83 FR 46840 , Sept. 14, 2018. Redesignated at 89 FR 2171 , Jan. 12, 2024] Subpart K—Implementation of the Equal Access to Justice Act (EAJA) in Agency Proceedings Authority: Sec. 203(a)(1), Pub. L. 96-481, 94 Stat. 2325 ( 5 U.S.C. 504(c)(1) ). Source: 47 FR 3786 , Jan. 27, 1982, unless otherwise noted. General Provisions § 1.1501 Purpose of these rules. The Equal Access to Justice Act, 5 U.S.C. 504 (called the EAJA in this subpart), provides for the award of attorney's fees and other expenses to eligible individuals and entities who are parties to certain administrative proceedings (called adversary adjudications ) before the Commission. An eligible party may receive an award when it prevails over the Commission, unless the Commission's position in the proceeding was substantially justified or special circumstances make an award unjust, or when the demand of the Commission is substantially in excess of the decision in the adversary adjudication and is unreasonable when compared with such decision, under the facts and circumstances of the case, unless the party has committed a willful violation of law or otherwise acted in bad faith, or special circumstances make an award unjust. The rules in this part describe the parties eligible for awards and the proceedings that are covered. They also explain how to apply for awards, and the procedures and standards that the Commission will use to make them. [ 47 FR 3786 , Jan. 27, 1982, as amended at 61 FR 39898 , July 31, 1996] § 1.1502 When the EAJA applies. The EAJA applies to any adversary adjudication pending or commenced before the Commission on or after August 5, 1985. The provisions of § 1.1505(b) apply to any adversary adjudications commenced on or after March 29, 1996. [ 61 FR 39898 , July 31, 1996] § 1.1503 Proceedings covered. ( a ) The EAJA applies to adversary adjudications conducted by the Commission. These are adjudications under 5 U.S.C. 554 in which the position of the Commission or any other agency of the United States, or any component of an agency, is presented by an attorney or other representative who enters an appearance and participates in the proceeding. Any proceeding in which this Agency may fix a lawful present or future rate is not covered by the EAJA. Proceedings to grant or renew licenses are also excluded, but proceedings to modify, suspend, or revoke licenses are covered if they are otherwise “adversary adjudications”. ( b ) The Commission may designate a proceeding as an adversary adjudication for purposes of the EAJA by so stating in an order initiating the proceeding or designating the matter for hearing. The Commission's failure to designate a proceeding as an adversary adjudication shall not preclude the filing of an application by a party who believes the proceeding is covered by the EAJA; whether the proceeding is covered will then be an issue for resolution in proceedings on the application. ( c ) If a proceeding includes both matters covered by the EAJA and matters specifically excluded from coverage, any awards made will include only fees and expenses related to covered issues. [ 47 FR 3786 , Jan. 27, 1982, as amended at 52 FR 11653 , Apr. 10, 1987] § 1.1504 Eligibility of applicants. ( a ) To be eligible for an award of attorney fees and other expenses under the EAJA, the applicant must be a party, as defined in 5 U.S.C. 551(3) , to the adversary adjudication for which it seeks an award. The applicant must show that it meets all conditions of eligibility set out in this paragraph and in paragraph (b) of this section. ( b ) The types of eligible applicants are as follows: ( 1 ) An individual with a net worth of not more than $2 million; ( 2 ) The sole owner of an unincorporated business who has a net worth of not more than $7 million, including both personal and business interests, and not more than 500 employees; ( 3 ) A charitable association as defined in section 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. 501(c)(3) ) with not more than 500 employees; ( 4 ) A cooperative association as defined in section 15(a) of the Agricultural Marketing Act ( 12 U.S.C. 1141j(a) ) with not more than 500 employees; ( 5 ) Any other partnership, corporation, association, unit of local government, or organization with a net worth of not more than $7 million and not more than 500 employees; ( 6 ) For purposes of § 1.1505(b) , a small entity as defined in 5 U.S.C. 601 . ( c ) For the purpose of eligibility, the net worth and number of employees of an applicant shall be determined as of the date the proceeding was initiated. ( d ) An applicant who owns an unincorporated business will be considered as an “individual” rather than a “sole owner of an unincorporated business” if the issues on which the applicant prevails are related primarily to personal interests rather than to business interests. ( e ) The number of employees of an applicant include all persons who regularly perform services for remuneration for the applicant, under the applicant's direction and control. Part-time employees shall be included on a proportional basis. ( f ) The net worth and number of employees of the applicant and all of its affiliates shall be aggregated to determine eligibility. Any individual, corporation or other entity that directly or indirectly controls or owns a majority of the voting shares or other interest of the applicant, or any corporation or other entity of which the applicant directly or indirectly owns or controls a majority of the voting shares or other interest, will be considered an affiliate for purposes of this part, unless the presiding officer, as defined in 47 CFR 1.241 , determines that such treatment would be unjust and contrary to the purposes of the EAJA in light of the actual relationship between the affiliated entities. In addition, the presiding officer may determine that financial relationships of the applicant other than those described in this paragraph constitute special circumstances that would make an award unjust. ( g ) An applicant that participates in a proceeding primarily on behalf of one or more other persons or entities that would be ineligible is not itself eligible for an award. [ 47 FR 3786 , Jan. 27, 1982, as amended at 52 FR 11653 , Apr. 10, 1987; 61 FR 39898 , July 31, 1996; 85 FR 63183 , Oct. 6, 2020] § 1.1505 Standards for awards. ( a ) A prevailing party may receive an award for fees and expenses incurred in connection either with an adversary adjudication, or with a significant and discrete substantive portion of an adversary adjudication in which the party has prevailed over the position of the Commission. ( 1 ) The position of the Commission includes, in addition to the position taken by the Commission in the adversary adjudication, the action or failure to act by the agency upon which the adversary adjudication is based. ( 2 ) An award will be reduced or denied if the Commission's position was substantially justified in law and fact, if special circumstances make an award unjust, or if the prevailing party unduly or unreasonably protracted the adversary adjudication. ( b ) If, in an adversary adjudication arising from a Commission action to enforce a party's compliance with a statutory or regulatory requirement, the demand of the Commission is substantially in excess of the decision in the adversary adjudication and is unreasonable when compared with that decision, under the facts and circumstances of the case, the party shall be awarded the fees and other expenses related to defending against the excessive demand, unless the party has committed a willful violation of law or otherwise acted in bad faith, or special circumstances make an award unjust. The “demand” of the Commission means the express demand which led to the adversary adjudication, but it does not include a recitation by the Commission of the maximum statutory penalty in the administrative complaint, or elsewhere when accompanied by an express demand for a lesser amount. ( c ) The burden of proof that an award should not be made is on the appropriate Bureau (see § 1.21 ) whose representative shall be called “Bureau counsel” in this subpart K. [ 61 FR 39899 , July 31, 1996] § 1.1506 Allowable fees and expenses. ( a ) Awards will be based on rates customarily charged by persons engaged in the business of acting as attorneys, agents and expert witnesses. ( b ) No award for the fee of an attorney or agent under these rules may exceed $75.00, or for adversary adjudications commenced on or after March 29, 1996, $125.00, per hour. No award to compensate an expert witness may exceed the highest rate at which the Commission pays expert witnesses. However, an award may also include the reasonable expenses of the attorney; agent, or witness as a separate item, if the attorney, agent or witness ordinarily charges its clients separately for such expenses. ( c ) In determining the reasonableness of the fee sought for an attorney, agent or expert witness, the presiding officer shall consider the following: ( 1 ) If the attorney, agent or witness is in private practice, his or her customary fee for similar services, or, if an employee of the applicant, the fully allocated cost of the services; ( 2 ) The prevailing rate for similar services in the community in which the attorney, agent or witness ordinarily performs services; ( 3 ) The time actually spent in the representation of the applicant; ( 4 ) The time reasonably spent in light of the difficulty or complexity of the issues in the proceeding; and ( 5 ) Such other factors as may bear on the value of the service provided. ( d ) The reasonable cost of any study, analysis, engineering report, test, project or similar matter prepared on behalf of a party may be awarded, to the extent that the charge for the service does not exceed the prevailing rate for similar services, and the study or other matter was necessary for preparation of the applicant's case. ( e ) Fees may be awarded only for work performed after designation of a proceeding or after issuance of a show cause order. [ 47 FR 3786 , Jan. 27, 1982, as amended at 61 FR 39899 , July 31, 1996; 85 FR 63183 , Oct. 6, 2020] § 1.1507 Rulemaking on maximum rates for attorney fees. ( a ) If warranted by an increase in the cost of living or by special circumstances (such as limited availability of attorneys qualified to handle certain types of proceedings), the Commission may adopt regulations providing that attorney fees may be awarded at a rate higher than $125.00 per hour in some or all of the types of proceedings covered by this part. The Commission will conduct any rulemaking proceedings for this purpose under the informal rulemaking procedures of the Administrative Procedure Act. ( b ) Any person may file with the Commission a petition for rulemaking to increase the maximum rate for attorney fees, in accordance with subpart C of this chapter. The petition should identify the rate the petitioner believes this agency should establish and the types of proceedings in which the rate should be used. It should also explain fully the reasons why the higher rate is warranted. This agency will respond to the petition by initiating a rulemaking proceeding, denying the petition, or taking other appropriate action. [ 47 FR 3786 , Jan. 27, 1982, as amended at 61 FR 39899 , July 31, 1996] § 1.1508 Awards against other agencies. If an applicant is entitled to an award because it prevails over another agency of the United States that participates in a proceeding before the Commission and takes a position that is not substantially justified, the award or an appropriate portion of the award shall be made against that agency. Counsel for that agency shall be treated as Bureau counsel for the purpose of this subpart. [ 47 FR 3786 , Jan. 27, 1982, as amended at 61 FR 39899 , July 31, 1996] Information Required From Applicants § 1.1511 Contents of application. ( a ) An application for an award of fees and expenses under EAJA shall dentify the applicant and the proceeding for which an award is sought. Unless the applicant is an individual, the application shall state the number of employees of the applicant and describe briefly the type and purpose of its organization or business. The application shall also: ( 1 ) Show that the applicant has prevailed and identify the position of an agency or agencies in the proceeding that the applicant alleges was not substantially justified; or ( 2 ) Show that the demand by the agency or agencies in the proceeding was substantially in excess of, and was unreasonable when compared with, the decision in the proceeding. ( b ) The application shall also include a declaration that the applicant is a small entity as defined in 5 U.S.C. 601 or a statement that the applicant's net worth does not exceed $2 million (if an individual) or $7 million (for all other applicants, including their affiliates). However, an applicant may omit the statement concerning its net worth if: ( 1 ) It attaches a copy of a ruling by the Internal Revenue Service that it qualifies as an organization described in section 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. 501(c)(3) ) or, in the case of a tax-exempt organization not required to obtain a ruling from the Internal Revenue Service on its exempt status, a statement that describes the basis for the applicant's belief that it qualifies under such section; or ( 2 ) It states that it is a cooperative association as defined in section 15(a) of the Agricultural Marketing Act ( 12 U.S.C. 1141j(a) ). ( c ) The application shall state the amount of fees and expenses for which an award is sought. ( d ) The application may also include any other matters that the applicant wishes the Commission to consider in determining whether and in what amount an award should be made. ( e ) The application shall be signed by the applicant or an authorized officer or attorney of the applicant. It shall also contain or be accompanied by a written verification under oath or under penalty of perjury that the information provided in the application is true and correct. [ 47 FR 3786 , Jan. 27, 1982, as amended at 52 FR 11653 , Apr. 10, 1987; 61 FR 39899 , July 31, 1996] § 1.1512 Net worth exhibit. ( a ) Each applicant except a qualified tax-exempt organization or cooperative association must provide with its application a detailed exhibit showing the net worth of the applicant and any affiliates (as defined in § 1.1504(f) of this part ) at the time the proceeding was designated. The exhibit may be in any form convenient to the applicant that provides full disclosure of the applicant's and its affiliates' assets and liabilities and is sufficient to determine whether the applicant qualifies under the standards in this subpart. The presiding officer may require an applicant to file additional information to determine its eligibility for an award. ( b ) Ordinarily, the net worth exhibit will be included in the public record of the proceeding. However, an applicant that objects to public disclosure of information in any portion of the exhibit and believes there are legal grounds for withholding it from disclosure may submit that portion of the exhibit directly to the presiding officer in a sealed envelope labeled “Confidential Financial Information”, accompanied by a motion to withhold the information from public disclosure. The motion shall describe the information sought to be withheld and explain, in detail, why it falls within one or more of the specific exemptions from mandatory disclosure under the Freedom of Information Act, 5 U.S.C. 552(b)(1) through (9) , why public disclosure of the information would adversely affect the applicant, and why disclosure is not required in the public interest. The material in question shall be served on Bureau counsel, but need not be served on any other party to the proceeding. If the presiding officer finds that the information should not be withheld from disclosure, it shall be placed in the public record of the proceeding. Otherwise, any request to inspect or copy the exhibit shall be disposed of in accordance with the Commission's established procedures under the Freedom of Information Act, §§ 0.441 through 0.466 of this chapter . [ 47 FR 3786 , Jan. 27, 1982, as amended at 85 FR 63184 , Oct. 6, 2020] § 1.1513 Documentation of fees and expenses. The application shall be accompanied by full documentation of the fees and expenses, including the cost of any study, analysis, engineering report, test, project or similar matter, for which an award is sought. A separate itemized statement shall be submitted for each professional firm or individual whose services are covered by the application, showing hours spent in connection with the proceeding by each individual, a description of the specific services performed, the rate at which each fee has been computed, any expenses for which reimbursement is sought, the total amount claimed, and the total amount paid or payable by the applicant or by any other person or entity for the services provided. The presiding officer may require the applicant to provide vouchers, receipts, or other substantiation for any expenses claimed. [ 47 FR 3786 , Jan. 27, 1982, as amended at 61 FR 39899 , July 31, 1996; 85 FR 63184 , Oct. 6, 2020] § 1.1514 When an application may be filed. ( a ) An application may be filed whenever the applicant has prevailed in the proceeding or in a significant and discrete substantive portion of the proceeding, or when the demand of the Commission is substantially in excess of the decision in the proceeding, but in no case later than 30 days after the Commission's final disposition of the proceeding. ( b ) If review or reconsideration is sought or taken of a decision as to which an applicant believes it has prevailed, proceedings for the award of fees shall be stayed pending final disposition of the underlying controversy. ( c ) For purposes of this rule, final disposition means the later of ( 1 ) The date on which an initial decision or other recommended disposition of the merits of the proceeding by a presiding officer (other than the Commission) becomes administratively final; ( 2 ) Issuance of an order disposing of any petitions for reconsideration of the Commission's order in the proceeding; ( 3 ) If no petition for reconsideration is filed, the last date on which such petition could have been filed; ( 4 ) Issuance of a final order by the Commission or any other final resolution of a proceeding, such as settlement or voluntary dismissal, which is not subject to a petition for reconsideration, or to a petition for judicial review; or ( 5 ) Completion of judicial action on the underlying controversy and any subsequent Commission action pursuant to judicial mandate. [ 47 FR 3786 , Jan. 27, 1982, as amended at 61 FR 39899 , July 31, 1996; 85 FR 63184 , Oct. 6, 2020] Procedures for Considering Applications § 1.1521 Filing and service of documents. Any application for an award or other pleading relating to an application shall be filed and served on all parties to the proceeding in the same manner as other pleadings in the proceeding, except as provided in § 1.1512(b) for confidential financial information. § 1.1522 Answer to application. ( a ) Within 30 days after service of an application Bureau counsel may file an answer to the application. Unless Bureau counsel requests an extension of time for filing or files a statement of intent to negotiate under paragraph (b) of this section, failure to file an answer within the 30-day period may be treated as a consent to the award request. ( b ) If Bureau counsel and the applicant believe that the issues in the fee application can be settled, they may jointly file a statement of their intent to negotiate a settlement. The filing of this statement shall extend the time for filing an answer for an additional 30 days, and further extensions may be granted by the presiding officer upon request by Bureau counsel and the applicant. ( c ) The answer shall explain in detail any objections to the award requested and identify the facts relied on in support of Bureau counsel's position. If the answer is based on any alleged facts not already in the record of the proceeding, Bureau counsel shall include with the answer either supporting affidavits or a request for further proceedings under § 1.1526 . [ 47 FR 3786 , Jan. 27, 1982, as amended at 85 FR 63184 , Oct. 6, 2020] § 1.1523 Reply. Within 15 days after service of an answer, the applicant may file a reply. If the reply is based on any alleged facts not already in the record of the proceeding, the applicant shall include with the reply either supporting affidavits or a request for further proceedings under § 1.1526 . § 1.1524 Comments by other parties. Any party to a proceeding other than the applicant and Bureau counsel may file comments on an application within 30 days after it is served or an answer within 15 days after it is served. A commenting party may not participate further in proceedings on the application unless the presiding officer determines that the public interest requires such participation in order to permit full exploration of matters raised in the comments. [ 47 FR 3786 , Jan. 27, 1982, as amended at 61 FR 39899 , July 31, 1996; 85 FR 63184 , Oct. 6, 2020] § 1.1525 Settlement. The applicant and Bureau counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying proceeding, or after the underlying proceeding has been concluded. If a prevailing party and Bureau counsel agree on a proposed settlement of an award before an application has been filed, the application shall be filed with the proposed settlement. If a presiding officer (other than the Commission) approves the proposed settlement, it shall be forwarded to the Commission for final determination. If the Commission is the presiding officer, it shall approve or deny the proposed settlement. [ 47 FR 3786 , Jan. 27, 1982, as amended at 85 FR 63184 , Oct. 6, 2020] § 1.1526 Further proceedings. ( a ) Ordinarily, the determination of an award will be made on the basis of the written record. However, on request of either the applicant or Bureau counsel, or on her own initiative, the presiding officer may order further proceedings, such as an informal conference, oral argument, additional written submissions or, as to issues other than excessive demand or substantial justification, an evidentiary hearing. Such further proceedings shall be held only when necessary for full and fair resolution of the issues arising from the application, and shall be conducted as promptly as possible. Whether or not the position of the agency embodied an excessive demand or was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought. ( b ) A request that the presiding officer order further proceedings under this section shall specifically identify the information sought or the disputed issues and shall explain why the additional proceedings are necessary to resolve the issues. [ 47 FR 3786 , Jan. 27, 1982, as amended at 52 FR 11653 , Apr. 10, 1987; 61 FR 39899 , July 31, 1996; 85 FR 63184 , Oct. 6, 2020] § 1.1527 Initial decision. A presiding officer (other than the Commission) shall issue an initial decision on the application as soon as possible after completion of proceedings on the application. The decision shall include written findings and conclusions regarding the applicant's eligibility and whether the applicant was a prevailing party or whether the demand by the agency or agencies in the proceeding was substantially in excess of, and was unreasonable when compared with, the decision in the adversary adjudication, and an explanation of the reasons for any difference between the amount requested and the amount awarded. The decision shall also include, if at issue, findings on whether the Commission's position substantially justified, whether the applicant unduly protracted the proceedings, committed a willful violation of law, or otherwise acted in bad faith, or whether special circumstances make an award unjust. If the applicant has sought an award against more than one agency, the decision shall allocate responsibility for payment of any award made among the agencies, and shall explain the reasons for the allocation made. When the Commission is the presiding officer, the Commission may, but is not required to, issue an initial or recommended decision. [ 61 FR 39900 , July 31, 1996, as amended at 85 FR 63184 , Oct. 6, 2020] § 1.1528 Commission review. Either the applicant or Bureau counsel may seek Commission review of the initial decision on the application, or the Commission may decide to review the decision on its own initiative, in accordance with §§ 1.276 through 1.282 of this chapter . Except as provided in § 1.1525 , if neither the applicant nor Bureau counsel seeks review and the Commission does not take review on its own initiative, the initial decision on the application shall become a final decision of the Commission 50 days after it is issued. Whether to review a decision is a matter within the discretion of the Commission. If review is taken, the Commission will issue a final decision on the application or remand the application to the presiding officer (other than the Commission) for further proceedings. [ 47 FR 3786 , Jan. 27, 1982, as amended at 61 FR 39900 , July 31, 1996; 85 FR 63184 , Oct. 6, 2020] § 1.1529 Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2) . § 1.1530 Payment of award. An applicant seeking payment of an award from the Commission shall submit to the General Counsel a copy of the Commission's final decision granting the award, accompanied by a statement that the applicant will not seek review of the decision in the United States courts, or a copy of the court's order directing payment. The Commission will pay the amount awarded to the applicant unless judicial review of the award or the underlying decision of the adversary adjudication has been sought by the applicant or any other party to the proceeding. Subpart L—Random Selection Procedures for Mass Media Services Authority: 47 U.S.C. 309(i) . Source: 48 FR 27202 , June 13, 1983, unless otherwise noted. General Procedures § 1.1601 Scope. The provisions of this subpart, and the provisions referenced herein, shall apply to applications for initial licenses or construction permits or for major changes in the facilities of authorized stations in the following services: ( a ) - ( b ) [Reserved] [ 48 FR 27202 , June 13, 1983, as amended at 63 FR 48622 , Sept. 11, 1998] § 1.1602 Designation for random selection. Applications in the services specified in § 1.1601 shall be tendered, accepted or dismissed, filed, publicly noted and subject to random selection and hearing in accordance with any relevant rules. Competing applications for an initial license or construction permit shall be designated for random selection and hearing in accordance with the procedures set forth in §§ 1.1603 through 1.1623 and § 73.3572 of this chapter . § 1.1603 Conduct of random selection. The random selection probabilities will be calculated in accordance with the formula set out in rules §§ 1.1621 through 1.1623 . [ 48 FR 27202 , June 13, 1983, as amended at 48 FR 43330 , Sept. 23, 1983] § 1.1604 Post-selection hearings. ( a ) Following the random selection, the Commission shall announce the “tentative selectee” and, where permitted by § 73.3584 invite Petitions to Deny its application. ( b ) If, after such hearing proceeding as may be necessary, the Commission determines that the “tentative selectee” has met the requirements of § 73.3591(a) it will make the appropriate grant. If the Commission is unable to make such a determination, it shall order that another random selection be conducted from among the remaining mutually exclusive applicants, in accordance with the provisions of this subpart. ( c ) If, on the basis of the papers before it, the Commission determines that a substantial and material question of fact exists, it shall designate that question for hearing. Hearing proceedings shall be conducted by a presiding officer. See § 1.241 . [ 48 FR 27202 , June 13, 1983, as amended at 63 FR 48622 , Sept. 11, 1998; 85 FR 63184 , Oct. 6, 2020] § 1.1621 Definitions. ( a ) Medium of mass communications means: ( 1 ) A daily newspaper; ( 2 ) A cable television system; and ( 3 ) A license or construction permit for ( i ) A television station, including low power TV or TV translator, ( ii ) A standard (AM) radio station, ( iii ) An FM radio station, ( iv ) A direct broadcast satellite transponder under the editorial control of the licensee, and ( v ) A Multipoint Distribution Service station. ( b ) Minority group means: ( 1 ) Blacks, ( 2 ) Hispanics ( 3 ) American Indians, ( 4 ) Alaska Natives, ( 5 ) Asians, and ( 6 ) Pacific Islanders. ( c ) Owner means the applicant and any individual, partnership, trust, unincorporated association, or corporation which: ( 1 ) If the applicant is a proprietorship, is the proprietor, ( 2 ) If the applicant is a partnership, holds any partnership interest, ( 3 ) If the applicant is a trust, is the beneficiary thereof, ( 4 ) If the applicant is an unincorporated association or non-stock corporation, is a member, or, in the case of a nonmembership association or corporation, a director, ( 5 ) If the applicant is a stock corporation, is the beneficial owner of voting shares. Note 1: For purposes of applying the diversity preference to such entities only the other ownership interests of those with a 1% or more beneficial interest in the entity will be cognizable. Note 2: For the purposes of this section, a daily newspaper is one which is published four or more days per week, which is in the English language, and which is circulated generally in the community of publication. A college newspaper is not considered as being circulated generally. Note 3: For the purposes of applying the diversity preference, the ownership interests of the spouse of an applicant's principal will not presumptively be attributed to the applicant. [ 48 FR 27202 , June 13, 1983, as amended at 50 FR 5992 , Feb. 13, 1985] § 1.1622 Preferences. ( a ) Any applicant desiring a perference in the random selection shall so indicate as part of its application. Such an applicant shall list any owner who owns all or part of a medium of mass communications or who is a member of a minority group, together with a precise identification of the ownership interest held in such medium of mass communications or name of the minority group, respectively. Such an applicant shall also state whether more than 50% of the ownership interests in it are held by members of minority groups and the number of media of mass communications more than 50% of whose ownership interests are held by the applicant and/or its owners. ( b ) Preference factors as incorporated in the percentage calculations in § 1.1623 , shall be granted as follows: ( 1 ) Applicants, more than 50% of whose ownership interests are held by members of minority groups—2:1. ( 2 ) Applicants whose owners in the aggregate hold more than 50% of the ownership interests in no other media of mass communications—2:1. ( 3 ) Applicants whose owners in the aggregate hold more than 50% of the ownership interest in one, two or three other media of mass communications—1.5:1. ( c ) Applicants may receive preferences pursuant to § 1.1622(b)(1) and either § 1.1622 (b)(2) or (b)(3) . ( d ) Preferences will be determined on the basis of ownership interests as of the date of release of the latest Public Notice announcing the acceptance of the last-filed mutually exclusive application. ( e ) No preferences pursuant to § 1.1622 (b)(2) or (b)(3) shall be granted to any LPTV or MDS applicant whose owners, when aggregated, have an ownership interest of more than 50 percent in the following media of mass communications, if the service areas of those media as described herein wholly encompass or are encompassed by the protected predicted contour, computed in accordance with § 74.707(a) , of the low power TV or TV translator station for which the license or permit is sought, or computed in accordance with § 21.902(d) , of the MDS station for which the license or permit is sought. ( 1 ) AM broadcast station—predicted or measured 2 mV/m groundwave contour, computed in accordance with § 73.183 or § 73.186 ; ( 2 ) FM broadcast station—predicted 1 mV/m contour, computed in accordance with § 73.313 ; ( 3 ) TV broadcast station—Grade A contour, computed in accordance with § 73.684 ; ( 4 ) Low power TV or TV translator station—protected predicted contour, computed in accordance with § 74.707(a) ; ( 5 ) Cable television system franchise area, nor will the diversity preference be available to applicants whose proposed transmitter site is located within the franchise area of a cable system in which its owners, in the aggregate, have an ownership interest of more than 50 percent. ( 6 ) Daily newspaper community of publication, nor will the diversity preference be available to applicants whose proposed transmitter site is located within the community of publication of a daily newspaper in which its owners, in the aggregate, have an ownership interest of more than 50 percent. ( 7 ) Multipoint Distribution Service—station service area, computed in accordance with § 21.902(d) . [ 48 FR 27202 , June 13, 1983, as amended at 50 FR 5992 , Feb. 13, 1985; 50 FR 11161 , Mar. 20, 1985] § 1.1623 Probability calculation. ( a ) All calculations shall be computed to no less than three significant digits. Probabilities will be truncated to the number of significant digits used in a particular lottery. ( b ) Divide the total number of applicants into 1.00 to determine pre-preference probabilities. ( c ) Multiply each applicant's pre-preference probability by the applicable preference from § 1.1622 (b)(2) or (b)(3) . ( d ) Divide each applicant's probability pursuant to paragraph (c) of this section by the sum of such probabilities to determine intermediate probabilities. ( e ) Add the intermediate probabilities of all applicants who received a preference pursuant to § 1.1622 (b)(2) or (b)(3) . ( f ) ( 1 ) If the sum pursuant to paragraph (e) of this section is .40 or greater, proceed to paragraph (g) of this section. ( 2 ) If the sum pursuant to paragraph (e) of this section is less than .40, then multiply each such intermediate probability by the ratio of .40 to such sum. Divide .60 by the number of applicants who did not receive a preference pursuant to § 1.1622 (b)(2) or (b)(3) to determine their new intermediate probabilities. ( g ) Multiply each applicant's probability pursuant to paragraph (f) of this section by the applicable preference ratio from § 1.1622(b)(1) . ( h ) Divide each applicant's probability pursuant to paragraph (g) of this section by the sum of such probabilities to determine the final selection percentage. Subpart M—Cable Operations and Licensing System (COALS) Source: 68 FR 27001 , May 19, 2003, unless otherwise noted. § 1.1701 Purpose. To provide electronic filing of applications, notifications, registration statements, reports, and related documents in the Multichannel Video and Cable Television Services and the Cable Television Relay Services. § 1.1702 Scope. This subpart applies to filings required by §§ 76.403 , 76.1610 , 76.1801 , 76.1803 , & 76.1804, and 78.11 through 78.36 of this chapter. § 1.1703 Definitions. For purposes of this subpart, the following definitions apply: ( a ) Application. A request on Form 327 for a station license as defined in Section 3(b) of the Communications Act, completed in accordance with § 78.15 and signed in accordance with § 78.16 of this chapter , or a similar request to amend a pending application or to modify or renew an authorization. The term also encompasses requests to assign rights granted by the authorization or to transfer control of entities holding authorizations. ( b ) Authorization. A written instrument issued by the FCC conveying authority to operate, for a specified period, a station in the Cable Television Relay Service. In addition, this term includes authority conveyed by operation of rule upon filing notification of aeronautical frequency usage by MVPDs or registration statements by cable operators. ( c ) Cable Operations And Licensing System (COALS). The consolidated database, application filing system, and processing system for Multichannel Video and Cable Television Services (MVCTS) and the Cable Television Relay Service (CARS). COALS supports electronic filing of all applications, notifications, registrations, reports, and related documents by applicants and licensees in the MVCTS and CARS, and provides public access to licensing information. ( d ) Cable Television Relay Service (CARS). All services authorized under part 78 of this title . ( e ) Filings. Any application, notification, registration statement, or report in plain text, or, when as prescribed, on FCC Forms, 320, 321, 322, 324, or 327, whether filed in paper form or electronically. ( f ) Multichannel Video and Cable Television Services (MVCTS). All services authorized or operated in accordance with part 76 of this title . ( g ) Receipt date. The date an electronic or paper application is received at the appropriate location at the Commission or the lock box bank. Major amendments to pending applications as defined in § 78.109 of this chapter , will result in the assignment of a new receipt date. ( h ) Signed. For manually filed applications only, an original hand-written signature. For electronically filed applications only, an electronic signature. An electronic signature shall consist of the name of the applicant transmitted electronically via COALS and entered on the filing as a signature. [ 68 FR 27001 , May 19, 2003, as amended at 83 FR 61335 , Nov. 29, 2018] § 1.1704 Station files. Applications, notifications, correspondence, electronic filings and other material, and copies of authorizations, comprising technical, legal, and administrative data relating to each system in the Multichannel Video and Cable Television Services (MVCTS) and the Cable Television Relay Service (CARS) are maintained by the Commission in COALS and the Public Reference Room. These files constitute the official records for these stations and supersede any other records, database or lists from the Commission or other sources. § 1.1705 Forms; electronic and manual filing. ( a ) Application forms. Operators in the Multichannel Video and Cable Television Services (MVCTS) and applicants and licensees the Cable Television Relay Service (CARS) shall use the following forms and associated schedules: ( 1 ) FCC Form 320, Basic Signal Leakage Performance Report. FCC Form 320 is used by MVPDs to report compliance with the basic signal leakage performance criteria. ( 2 ) FCC Form 321, Aeronautical Frequency Notification. FCC Form 321 is used by MVPDs to notify the Commission prior to operating channels in the aeronautical frequency bands. ( 3 ) FCC Form 322, Cable Community Registration. FCC Form 322 is used by cable system operators to commence operation for each community unit. ( 4 ) FCC Form 324, Operator, Address, and Operational Information Changes. FCC Form 324 is used by cable operators to notify the Commission of changes in administrative data about the operator and operational status changes. ( 5 ) [Reserved] ( 6 ) FCC Form 327, Application for Cable Television Relay Service Station License. FCC Form 327 and associated schedules is used to apply for initial authorizations, modifications to existing authorizations, amendments to pending applications, and renewals of station authorizations. FCC Form 327 is also used to apply for Commission consent to assignments of existing CARS authorizations and to apply for Commission consent to the transfer of control of entities holding CARS authorizations. ( b ) Electronic filing. Six months after the Commission announces their availability for electronic filing, all applications and other filings using FCC Forms 320, 321, 322, 324, and 327 and their respective associated schedules must be filed electronically in accordance with the electronic filing instructions provided by COALS. ( 1 ) There will be two ways for parties to electronically file applications with the Commission: batch and interactive. ( i ) Batch filing. Batch filing involves data transmission in a single action. Batch filers will follow a set Commission format for entering data. Batch filers will then send, via file transfer protocol, batches of data to the Commission for compiling. COALS will compile such filings overnight and respond the next business day with a return or dismissal of any defective filings. Thus, batch filers will not receive immediate correction from the system as they enter the information. ( ii ) Interactive filing. Interactive filing involves data transmission with screen-by-screen prompting from the Commission's COALS system. Interactive filers will receive prompts from the system identifying data entries outside the acceptable ranges of data for the individual fields at the time the data entry is made. ( 2 ) Attachments to applications must be uploaded along with the electronically filed application whenever possible. ( 3 ) Any associated documents submitted with an application must be uploaded as attachments to the application whenever possible. The attachment should be uploaded via COALS in Adobe Acrobat Portable Document Format (PDF) whenever possible. ( c ) Manual filing. ( 1 ) Forms 320, 321, 322, 324, and 327 may be filed manually. ( 2 ) Manual filings must be submitted to the Commission at the appropriate address with the appropriate filing fee. The addresses for filing and the fee amounts for particular applications are listed in subpart G of this part , and in the appropriate fee filing guide for each service available from the Commission's Forms Distribution Center by calling 1-800-418-FORM (3676). The form may be downloaded from the Commission's Web site: http://www.fcc.gov . ( 3 ) Manual filings requiring fees as set forth at subpart G, of this part must be filed in accordance with § 0.401(b) of this chapter . ( 4 ) Manual filings that do not require fees must be addressed and sent to the Media Bureau at the FCC's main office, located at the address indicated in 47 CFR 0.401(a) . ( 5 ) FCC forms may be reproduced and the copies used in accordance with the provisions of § 0.409 of this chapter . ( d ) Applications requiring prior coordination. Parties filing applications that require frequency coordination shall, prior to filing, complete all applicable frequency coordination requirements in § 78.36 of this chapter . [ 68 FR 27001 , May 19, 2003, as amended at 83 FR 61335 , Nov. 29, 2018; 85 FR 64405 , Oct. 13, 2020] § 1.1706 Content of filings. ( a ) General. Filings must contain all information requested on the applicable form and any additional information required by the rules in this title and any rules pertaining to the specific service for which the filing is made. ( b ) Antenna locations. Applications for CARS stations and aeronautical frequency usage notifications must describe each transmitting antenna site or center of the cable system, respectively, by its geographical coordinates. Geographical coordinates must be specified in degrees, minutes, and seconds to the nearest tenth of a second of latitude and longitude. Submissions must provide such data using the NAD83 datum. ( c ) Antenna structure registration. Owners of certain antenna structures must notify the Federal Aviation Administration and register with the Commission as required by Part 17 of this chapter . Applications proposing the use of one or more new or existing antenna structures must contain the FCC Antenna Registration Number(s) of each structure for which registration is required. If registration is not required, the applicant must provide information in its application sufficient for the Commission to verify this fact. ( d ) Environmental concerns. Each applicant is required to indicate at the time its application is filed whether a Commission grant of the application may have a significant environmental effect, as defined by § 1.1307 . If yes, an Environmental Assessment, required by § 1.1311 , must be filed with the application and environmental review by the Commission must be completed prior to construction. ( e ) International coordination. Channel assignments and usage under part 78 are subject to the applicable provisions and requirements of treaties and other international agreements between the United States government and the governments of Canada and Mexico. ( f ) Taxpayer Identification Number (TINs). All filers are required to provide their Taxpayer Identification Numbers (TINS) (as defined in 26 U.S.C. 6109 ) to the Commission, pursuant to the Debt Collection Improvement Act of 1996 (DCIA). Under the DCIA, the FCC may use an applicant or licensee's TIN for purposes of collecting and reporting to the Department of the Treasury any delinquent amounts arising out of such person's relationship with the Government. § 1.1707 Acceptance of filings. Regardless of filing method, all submissions with an insufficient fee, grossly deficient or inaccurate information, or those without a valid signature will be dismissed immediately. For any submission that is found subsequently to have minimally deficient or inaccurate information, we will notify the filer of the defect. We will allow 15 days from the date of this notification for correction or amendment of the submission if the amendment is minor. If the applicant files a timely corrected application, it will ordinarily be processed as a minor amendment in accordance with the Commission's rules. Thus it will have no effect on the initial filing date of the application or the applicant's filing priority. If, however, the amendment made by the applicant is not a simple correction, but constitutes a major amendment to the application, it will be governed by the rules and procedures applicable to major amendments, that is, it will be treated as a new application with a new filing date and new fees must be paid by the applicant. Finally, if the applicant fails to submit an amended application within the period specified in the notification, the application will be subject to dismissal for failure to prosecute. Subpart N—Enforcement of Nondiscrimination on the Basis of Disability In Programs or Activities Conducted By the Federal Communications Commission Source: 68 FR 22316 , Apr. 28, 2003, unless otherwise noted. § 1.1801 Purpose. The purpose of this part is to effectuate section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 (section 504) to prohibit discrimination on the basis of disability in programs or activities conducted by Executive agencies or the United States Postal Service. § 1.1802 Applications. This part applies to all programs or activities conducted by the Federal Communications Commission. The programs or activities of entities that are licensed or certified by the Federal Communications Commission are not covered by these regulations. § 1.1803 Definitions. For purposes of this part, the term— Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the Commission. For example, auxiliary aids useful for persons with impaired vision include readers, Brailled materials, audio recordings, and other similar services and devices. Auxiliary aids useful for persons with impaired hearing include telephone handset amplifiers, telephones compatible with hearing aids, telecommunication devices for deaf persons (TTY/TDDs), interpreters, Computer-aided realtime transcription (CART), captioning, notetakers, written materials, and other similar services and devices. Commission means Federal Communications Commission. Complete complaint means a written statement, or a complaint in audio, Braille, electronic, and/or video format, that contains the complainant's name and address and describes the Commission's alleged discriminatory action in sufficient detail to inform the Commission of the nature and date of the alleged violation of section 504. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. The signature of the complainant, or signature of someone authorized by the complainant to do so on his or her behalf, shall be provided on print complaints. Complaints in audio, Braille, electronic, and/or video formats shall contain an affirmative identity statement of the individual, which for this purpose shall be considered to be functionally equivalent to a complainant's signature. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination. Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property. General Counsel means the General Counsel of the Federal Communications Commission. Individual with a disability means any individual who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. As used in this definition, the phrase: ( 1 ) Physical or mental impairment includes, but is not limited to— ( i ) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; ( ii ) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; ( iii ) Diseases and conditions such as orthopedic, visual, speech, and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; mental retardation; emotional illness; and drug addiction and alcoholism. ( 2 ) Major life activities include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. ( 3 ) Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. ( 4 ) Is regarded as having an impairment means— ( i ) Has a physical or mental impairment that does not substantially limit major life activities but is treated by the Commission as constituting such a limitation; ( ii ) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or ( iii ) Has none of the impairments defined in paragraph (1) of this definition but is treated by the Commission as having such impairment. Managing Director means the individual delegated authority as described in 47 CFR 0.11 . Programs or Activities mean any activity of the Commission permitted or required by its enabling statutes, including but not limited to any licensing or certification program, proceeding, investigation, hearing, meeting, board or committee. Qualified individual with a disability means— ( 1 ) With respect to any Commission program or activity under which an individual is required to perform services or to achieve a level of accomplishment, an individual with a disability who, with or without reasonable modification to rules, policies, or practices or the provision of auxiliary aids, meets the essential eligibility requirements for participation in the program or activity and can achieve the purpose of the program or activity; or ( 2 ) With respect to any other program or activity, an individual with a disability who, with or without reasonable modification to rules, policies, or practices or the provision of auxiliary aids, meets the essential eligibility requirements for participation in, or receipt of benefits from, that program or activity; or ( 3 ) The definition of that term as defined for purposes of employment in 29 CFR 1630.2(m) , which is made applicable to this part by § 1.1840 . Section 504 means section 504 of the Rehabilitation Act of 1973, Public Law 93-112, 87 Stat. 394, 29 U.S.C. 794 , as amended by the Rehabilitation Act Amendments of 1974, Public Law 93-516, 88 Stat. 1617, and the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, Public Law 95-602, 92 Stat. 2955, and the Rehabilitation Act Amendments of 1986, sec. 103(d), Public Law 99-506, 100 Stat. 1810. As used in this part, section 504 applies only to programs or activities conducted by Executive agencies and not to federally assisted programs. Section 504 means section 504 of the Rehabilitation Act of 1973, Public Law 93-112, 87 Stat. 394, 29 U.S.C. 794 , as amended. As used in this part, section 504 applies only to programs or activities conducted by Executive agencies and not to federally assisted programs. [ 68 FR 22316 , Apr. 28, 2003, as amended at 76 FR 70909 , Nov. 16, 2011] § 1.1805 Federal Communications Commission Section 504 Programs and Activities Accessibility Handbook. The Consumer & Governmental Affairs Bureau shall publish a “Federal Communications Commission Section 504 Programs and Activities Accessibility Handbook” (“Section 504 Handbook”) for Commission staff, and shall update the Section 504 Handbook as necessary and at least every three years. The Section 504 Handbook shall be available to the public in hard copy upon request and electronically on the Commission's Internet website. The Section 504 Handbook shall contain procedures for releasing documents, holding meetings, receiving comments, and for other aspects of Commission programs and activities to achieve accessibility. These procedures will ensure that the Commission presents a consistent and complete accommodation policy pursuant to 29 U.S.C. 794 , as amended. The Section 504 Handbook is for internal staff use and public information only, and is not intended to create any rights, responsibilities, or independent cause of action against the Federal Government. § 1.1810 Review of compliance. ( a ) The Commission shall, beginning in 2004 and at least every three years thereafter, review its current policies and practices in view of advances in relevant technology and achievability. Based on this review, the Commission shall modify its practices and procedures to ensure that the Commission's programs and activities are fully accessible. ( b ) The Commission shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the review process by submitting comments. Written comments shall be signed by the commenter or by someone authorized to do so on his or her behalf. The signature of the commenter, or signature of someone authorized by the commenter to do so on his or her behalf, shall be provided on print comments. Comments in audio, Braille, electronic, and/or video formats shall contain an affirmative identity statement of the individual, which for this purpose shall be considered to be functionally equivalent to a commenter's signature. ( c ) The Commission shall maintain on file and make available for public inspection for four years following completion of the compliance review— ( 1 ) A description of areas examined and problems identified; ( 2 ) All comments and complaints filed regarding the Commission's compliance; and ( 3 ) A description of any modifications made. § 1.1811 Notice. The Commission shall make available to employees, applicants, participants, beneficiaries, and other interested persons information regarding the regulations set forth in this part, and their applicability to the programs or activities conducted by the Commission. The Commission shall make such information available to such persons in such manner as the Section 504 Officer finds necessary to apprise such persons of the protections against discrimination assured them by section 504. § 1.1830 General prohibitions against discrimination. ( a ) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the Commission. ( b ) Discriminatory actions prohibited. ( 1 ) The Commission, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of disability— ( i ) Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service; ( ii ) Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; ( iii ) Provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others; ( iv ) Provide different or separate aid, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is necessary to provide qualified individuals with disabilities with aid, benefits, or services that are as effective as those provided to others; ( v ) Deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards; or ( vi ) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service. ( 2 ) The Commission may not deny a qualified individual with a disability the opportunity to participate in any program or activity even where the Commission is also providing equivalent permissibly separate or different programs or activities for persons with disabilities. ( 3 ) The Commission may not, directly or through contractual or other arrangements, utilize criteria or methods of administration— ( i ) That have the purpose or effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability; or ( ii ) That have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of a program or activity with respect to individuals with disabilities. ( 4 ) The Commission may not, in determining the site or location of a facility, make selections— ( i ) That have the purpose or effect of excluding individuals with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity conducted by the Commission; or ( ii ) That have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of a program or activity with respect to individuals with disabilities. ( 5 ) The Commission, in the selection of procurement contractors, may not use criteria that subject qualified individuals with disabilities to discrimination on the basis of disability. ( 6 ) The Commission may not administer a licensing or certification program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of disability, nor may the Commission establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability. However, the programs or activities of entities that are licensed or certified by the Commission are not, themselves, covered by this part. ( 7 ) The Commission shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the Commission can demonstrate that making the modifications would fundamentally alter the nature of the program, service, or activity. ( c ) This part does not prohibit the exclusion of persons without disabilities from the benefits of a program limited by Federal statute or Executive order to individuals with disabilities, or the exclusion of a specific class of individuals with disabilities from a program limited by Federal statute or Executive order to a different class of individuals with disabilities. ( d ) The Commission shall administer programs and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. § 1.1840 Employment. No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any program or activity conducted by the Commission. The definitions, requirements and procedures of section 501 of the Rehabilitation Act of 1973, 29 U.S.C. 791 , as established by the Equal Employment Opportunity Commission in 29 CFR parts 1614 and 1630 , as well as the procedures set forth in the Basic Negotiated Agreement Between the Federal Communications Commission and National Treasury Employees Union, as amended, and Subchapter III of the Civil Service Reform Act of 1978, 5 U.S.C. 7121(d) , shall apply to employment in federally conducted programs or activities. [ 76 FR 70909 , Nov. 16, 2011] § 1.1849 Program accessibility: Discrimination prohibited. ( a ) Except as otherwise provided in § 1.1850 , no qualified individual with a disability shall, because the Commission's facilities are inaccessible to, or unusable, by individuals with disabilities, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity conducted by the Commission. ( b ) Individuals shall request accessibility to the Commission's programs and facilities by contacting the Commission's Section 504 Officer. Such contact may be made in the manner indicated in the FCC Section 504 Handbook. The Commission will make every effort to provide accommodations requiring the assistance of other persons (e.g., American Sign Language interpreters, communication access realtime translation (CART) providers, transcribers, captioners, and readers) if the request is made to the Commission's Section 504 Officer a minimum of five business days in advance of the program. If such requests are made fewer than five business days prior to an event, the Commission will make every effort to secure accommodation services, although it may be less likely that the Commission will be able to secure such services. § 1.1850 Program accessibility: Existing facilities. ( a ) General. Except as otherwise provided in this paragraph, the Commission shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. This paragraph does not— ( 1 ) Necessarily require the Commission to make each of its existing facilities accessible to and usable by individuals with disabilities; ( 2 ) Require the Commission to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity, or in undue financial and administrative burdens. In those circumstances where Commission personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the Commission has the burden of proving that compliance with § 1.1850(a) would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the Managing Director, in consultation with the Section 504 Officer, after considering all Commission resources available for use in the funding and operation of the conducted program or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, the Commission shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits and services of the program or activity. ( b ) Methods. The Commission may comply with the requirements of this section through such means as the redesign of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, or any other methods that result in making its programs or activities readily accessible to and usable by individuals with disabilities. The Commission is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. The Commission, in making alterations to existing buildings, shall meet accessibility requirements to the extent compelled by the Architectural Barriers Act of 1968, as amended ( 42 U.S.C. 4151-4157 ), and any regulations implementing it. In choosing among available methods for meeting the requirements of this section, the Commission shall give priority to those methods that offer programs and activities to qualified individuals with disabilities in the most integrated setting appropriate. ( c ) Time period for compliance. The Commission shall comply with the obligations established under this section within sixty (60) days of the effective date of this subpart, except that where structural changes in facilities are undertaken, such changes shall be made within three (3) years of the effective date of this part. ( d ) Transition plan. In the event that structural changes to facilities will be undertaken to achieve program accessibility, the Commission shall develop, within six (6) months of the effective date of this subpart, a transition plan setting forth the steps necessary to complete such changes. The Commission shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the transition plan by submitting comments (both oral and written). A copy of the transitional plan shall be made available for public inspection. The plan shall, at a minimum— ( 1 ) Identify physical obstacles in the Commission's facilities that limit the accessibility of its programs or activities to individuals with disabilities; ( 2 ) Describe in detail the methods that will be used to make the facilities accessible; ( 3 ) Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one (1) year, identify steps that will be taken during each year of the transition period; and ( 4 ) Indicate the official responsible for implementation of the plan. § 1.1851 Building accessibility: New construction and alterations. Each building or part of a building that is constructed or altered by, on behalf of, or for the use of the Commission shall be designed, constructed, or altered so as to be readily accessible to and usable by individuals with disabilities. The definitions, requirements and standards of the Architectural Barriers Act, 42 U.S.C. 4151-4157 , as established in 41 CFR 102-76.60 to 102-76.95 , apply to buildings covered by this section. [ 76 FR 70909 , Nov. 16, 2011] § 1.1870 Compliance procedures. ( a ) Except as provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of disability in programs or activities conducted by the Commission. ( b ) The Commission shall process complaints alleging violations of section 504 with respect to employment according to the procedures established by the Equal Employment Opportunity Commission in 29 CFR part 1614 pursuant to section 501 of the Rehabilitation Act of 1973, 29 U.S.C. 791 . ( c ) Address for filing complaints. Complaints alleging violation of section 504 with respect to the Commission's programs and activities shall be addressed to the Managing Director and filed with the Office of the Secretary at the FCC's main office, located at the address indicated in 47 CFR 0.401(a) . ( d ) Acceptance of complaint. ( 1 ) The Commission shall accept and investigate all complete complaints, as defined in § 1.1803 of this part , for which it has jurisdiction. All such complaints must be filed within one-hundred eighty (180) days of the alleged act of discrimination. The Commission may extend this time period for good cause. ( 2 ) If the Commission receives a complaint that is not complete as defined in § 1.1803 of this part , the complainant will be notified within thirty (30) days of receipt of the incomplete complaint that additional information is needed. If the complainant fails to complete the complaint within thirty (30) days of receipt of this notice, the Commission shall dismiss the complaint without prejudice. ( e ) If the Commission receives a complaint over which it does not have jurisdiction, it shall promptly notify the complainant and shall make reasonable efforts to refer the complaint to the appropriate government entity. ( f ) The Commission shall notify the United States Access Board upon receipt of any complaint alleging that a building or facility that is subject to the Architectural Barriers Act of 1968, as amended, 42 U.S.C. 4151-4157 , is not readily accessible to and usable by individuals with disabilities. ( g ) Within one-hundred eighty (180) days of the receipt of a complete complaint, as defined in § 1.1803 , for which it has jurisdiction, the Commission shall notify the complainant of the results of the investigation in a letter containing— ( 1 ) Findings of fact and conclusions of law; ( 2 ) A description of a remedy for each violation found; and ( 3 ) A notice of the right to appeal. ( h ) Appeals of the findings of fact and conclusions of law or remedies must be filed by the complainant within ninety (90) days of receipt from the Commission of the letter required by § 1.1870(g) . The Commission may extend this time for good cause. ( i ) Address for filing appeals. Timely appeals shall be accepted and processed by the Office of the Secretary at the FCC's main office, located at the address indicated in 47 CFR 0.401(a) . ( j ) The Commission shall notify the complainant of the results of the appeal within sixty (60) days of the receipt of the appeal request. If the Commission determines that it needs additional information from the complainant, and requests such information, the Commission shall have sixty (60) days from the date it receives the additional information to make its determination on the appeal. ( k ) The time limits cited in (g) and (j) of this section may be extended with the permission of the General Counsel. ( l ) The Commission may delegate its authority for conducting complaint investigations to other federal agencies, except that the authority for making the final determination may not be delegated to another agency. [ 68 FR 22316 , Apr. 28, 2003, as amended at 76 FR 70909 , Nov. 16, 2011; 85 FR 64405 , Oct. 13, 2020] Subpart O—Collection of Claims Owed the United States Authority: 31 U.S.C. 3701 ; 31 U.S.C. 3711 et seq.; 5 U.S.C. 5514 ; sec. 8(1) of E.O. 11609 ( 3 CFR , 1971-1975 Comp., p.586); redesignated in sec. 2-1 of E.O. 12107 ; ( 3 CFR , 1978 Comp., p. 264); 31 CFR parts 901-904 ; 5 CFR part 550 . Source: 69 FR 27848 , May 17, 2004, unless otherwise noted. General Provisions § 1.1901 Definitions and construction. For purposes of this subpart: ( a ) The term administrative offset means withholding money payable by the United States Government to, or held by the Government for, a person, organization, or entity to satisfy a debt the person, organization, or entity owes the Government. ( b ) The term agency or Commission means the Federal Communications Commission (including the Universal Service Fund, the Telecommunications Relay Service Fund, and any other reporting components of the Commission) or any other agency of the U.S. Government as defined by section 105 of title 5 U.S.C. , the U.S. Postal Service, the U.S. Postal Rate Commission, a military department as defined by section 102 of title 5 U.S.C. , an agency or court of the judicial branch, or an agency of the legislative branch, including the U.S. Senate and the U.S. House of Representatives. ( c ) The term agency head means the Chairperson of the Federal Communications Commission. ( d ) The term application includes in addition to petitions and applications elsewhere defined in the Commission's rules, any request, as for assistance, relief, declaratory ruling, or decision, by the Commission or on delegated authority. ( e ) The terms claim and debt are deemed synonymous and interchangeable. They refer to an amount of money, funds, or property that has been determined by an agency official to be due to the United States from any person, organization, or entity, except another Federal agency. For purposes of administrative offset under 31 U.S.C. 3716 , the terms “claim” and “debt” include an amount of money, funds, or property owed by a person to a State, the District of Columbia, American Samoa, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, or the Commonwealth of Puerto Rico. “Claim” and “debt” include amounts owed to the United States on account of extension of credit or loans made by, insured or guaranteed by the United States and all other amounts due the United States from fees, leases, rents, royalties, services, sales of real or personal property, overpayments, penalties, damages, interest, taxes, and forfeitures issued after a notice of apparent liability that have been partially paid or for which a court of competent jurisdiction has ordered payment and such order is final (except those arising under the Uniform Code of Military Justice), and other similar sources. ( f ) The term creditor agency means the agency to which the debt is owed. ( g ) The term debt collection center means an agency of a unit or subagency within an agency that has been designated by the Secretary of the Treasury to collect debt owed to the United States. The Financial Management Service (FMS), Fiscal Service, United States Treasury, is a debt collection center. ( h ) The term demand letter includes written letters, orders, judgments, and memoranda from the Commission or on delegated authority. ( i ) The term “ delinquent ” means a claim or debt which has not been paid by the date specified by the agency unless other satisfactory payment arrangements have been made by that date, or, at any time thereafter, the debtor has failed to satisfy an obligation under a payment agreement or instrument with the agency, or pursuant to a Commission rule. For purposes of this subpart only, an installment payment under 47 CFR 1.2110(g) will not be considered deliquent until the expiration of all applicable grace periods and any other applicable periods under Commission rules to make the payment due. The rules set forth in this subpart in no way affect the Commission's rules, as may be amended, regarding payment for licenses (including installment, down, or final payments) or automatic cancellation of Commission licenses (see 47 CFR 1.1902(f) ). ( j ) The term disposable pay means that part of current basic pay, special pay, incentive pay, retired pay, retainer pay, or in the case of an employee not entitled to basic pay, other authorized pay remaining after the deduction of any amount required by law to be withheld. Agencies must exclude deductions described in 5 CFR 581.105(b) through (f) to determine disposable pay subject to salary offset. ( k ) The term employee means a current employee of the Commission or of another agency, including a current member of the Armed Forces or a Reserve of the Armed Forces (Reserve). ( l ) The term entity includes natural persons, legal associations, applicants, licensees, and regulatees. ( m ) The term FCCS means the Federal Claims Collection Standards jointly issued by the Secretary of the Treasury and the Attorney General of the United States at 31 CFR parts 900-904 . ( n ) The term paying agency means the agency employing the individual and authorizing the payment of his or her current pay. ( o ) The term referral for litigation means referral to the Department of Justice for appropriate legal proceedings except where the Commission has the statutory authority to handle the litigation itself. ( p ) The term reporting component means any program, account, or entity required to be included in the Agency's Financial Statements by generally accepted accounting principles for Federal Agencies. ( q ) The term salary offset means an administrative offset to collect a debt under 5 U.S.C. 5514 by deduction(s) at one or more officially established pay intervals from the current pay account of an employee without his or her consent. ( r ) The term waiver means the cancellation, remission, forgiveness, or non-recovery of a debt or fee, including, but not limited to, a debt due to the United States, by an entity or an employee to an agency and as the waiver is permitted or required by 5 U.S.C. 5584 , 10 U.S.C. 2774 , 31 U.S.C. 3711 , or any other law. ( s ) Words in the plural form shall include the singular, and vice-versa, and words signifying the masculine gender shall include the feminine, and vice-versa. The terms includes and including do not exclude matters not listed but do include matters of the same general class. [ 69 FR 27848 , May 17, 2004, as amended at 76 FR 70909 , Nov. 16, 2011; 88 FR 21435 , Apr. 10, 2023] § 1.1902 Exceptions. ( a ) Claims arising from the audit of transportation accounts pursuant to 31 U.S.C. 3726 shall be determined, collected, compromised, terminated or settled in accordance with regulations published under the authority of 31 U.S.C. 3726 (see 41 CFR part 102-118 ). ( b ) Claims arising out of acquisition contracts subject to the Federal Acquisition Regulations (FAR) shall be determined, collected, compromised, terminated, or settled in accordance with those regulations. (See 48 CFR part 32 ). If not otherwise provided for in the FAR, contract claims that have been the subject of a contracting officer's final decision in accordance with section 6(a) of the Contract Disputes Act of 1978 ( 41 U.S.C. 7103 ), may be determined, collected, compromised, terminated or settled under the provisions of this regulation, except that no additional review of the debt shall be granted beyond that provided by the contracting officer in accordance with the provisions of section 6 of the Contract Disputes Act of 1978 ( 41 U.S.C. 7103 ), and the amount of any interest, administrative charge, or penalty charge shall be subject to the limitations, if any, contained in the contract out of which the claim arose. ( c ) Claims based in whole or in part on conduct in violation of the antitrust laws, or in regard to which there is an indication of fraud, the presentation of a false claim, or a misrepresentation on the part of the debtor or any other party having an interest in the claim, shall be referred to the Department of Justice (DOJ) as only the DOJ has authority to compromise, suspend, or terminate collection action on such claims. The standards in the FCCS relating to the administrative collection of claims do apply, but only to the extent authorized by the DOJ in a particular case. Upon identification of a claim based in whole or in part on conduct in violation of the antitrust laws or any claim involving fraud, the presentation of a false claim, or misrepresentation on the part of the debtor or any party having an interest in the claim, the Commission shall promptly refer the case to the Department of Justice for action. At its discretion, the DOJ may return the claim to the forwarding agency for further handling in accordance with the standards in the FCCS. ( d ) Tax claims are excluded from the coverage of this regulation. ( e ) The Commission will attempt to resolve interagency claims by negotiation in accordance with Executive Order 12146 ( 3 CFR 1980 Comp., pp. 409-412). ( f ) Nothing in this subpart shall supersede or invalidate other Commission rules, such as the part 1 general competitive bidding rules ( 47 CFR part 1, subparts Q and AA ) or the service specific competitive bidding rules, as may be amended, regarding the Commission's rights, including but not limited to the Commission's right to cancel a license or authorization, obtain judgment, or collect interest, penalties, and administrative costs. [ 69 FR 27848 , May 17, 2004, as amended at 76 FR 70909 , Nov. 16, 2011; 85 FR 75814 , Nov. 25, 2020] § 1.1903 Use of procedures. Procedures authorized by this regulation (including, but not limited to, disclosure to a consumer reporting agency, contracting for collection services, administrative offset and salary offset) may be used singly or in combination, so long as the requirements of applicable law and regulation are satisfied. § 1.1904 Conformance to law and regulations. The requirements of applicable law ( 31 U.S.C. 3701-3719 , as amended by Public Law 97-365, 96 Stat. 1749 and Public Law 104-134 , 110 Stat. 1321, 1358) have been implemented in government-wide standards which include the Regulations of the Office of Personnel Management ( 5 CFR part 550 ) and the Federal Claims Collection Standards issued jointly by the Secretary of the Treasury and the Attorney General of the United States ( 31 CFR parts 900-904 ). Not every item in the previous sentence described standards has been incorporated or referenced in this regulation. To the extent, however, that circumstances arise which are not covered by the terms stated in these regulations, the Commission will proceed in any actions taken in accordance with applicable requirements found in the standards referred to in this section. § 1.1905 Other procedures; collection of forfeiture penalties. Nothing contained in these regulations is intended to require the Commission to duplicate administrative or other proceedings required by contract or other laws or regulations, nor do these regulations supercede procedures permitted or required by other statutes or regulations. In particular, the assessment and collection of monetary forfeitures imposed by the Commission will be governed initially by the procedures prescribed by 47 U.S.C. 503 , 504 and 47 CFR 1.80 . After compliance with those procedures, the Commission may determine that the collection of a monetary forfeiture under the collection alternatives prescribed by this subpart is appropriate but need not duplicate administrative or other proceedings. Fees and penalties prescribed by law, e.g., 47 U.S.C. 158 and 159 , and promulgated under the authority of 47 U.S.C. 309(j) (e.g., 47 CFR part 1, subpart Q ) may be collected as permitted by applicable law. Nothing contained herein is intended to restrict the Commission from exercising any other right to recover or collect amounts owed to it. § 1.1906 Informal action. Nothing contained in these regulations is intended to preclude utilization of informal administrative actions or remedies which may be available (including, e.g., Alternative Dispute Resolution), and/or for the Commission to exercise rights as agreed to among the parties in written agreements, including notes and security agreements. § 1.1907 Return of property or collateral. Nothing contained in this regulation is intended to deter the Commission from exercising any other right under law or regulation or by agreement it may have or possess, or to exercise its authority and right as a regulator under the Communications Act of 1934, as amended, and the Commission's rules, and demanding the return of specific property or from demanding, as a non-exclusive alternative, either the return of property or the payment of its value or the amount due the United States under any agreement or Commission rule. § 1.1908 Omissions not a defense. The failure or omission of the Commission to comply with any provision in this regulation shall not serve as a defense to any debtor. § 1.1909 [Reserved] § 1.1910 Effect of insufficient fee payments, delinquent debts, or debarment. ( a ) ( 1 ) An application (including a petition for reconsideration or any application for review of a fee determination) or request for authorization subject to the FCC Registration Number (FRN) requirement set forth in subpart W of this chapter will be examined to determine if the applicant has paid the appropriate application fee, appropriate regulatory fees, is delinquent in its debts owed the Commission, or is debarred from receiving Federal benefits ( see, e.g. , 31 CFR 285.13 ; 47 CFR part 1, subpart P ). ( 2 ) Fee payments, delinquent debt, and debarment will be examined based on the entity's taxpayer identifying number (TIN), supplied when the entity acquired or was assigned an FRN. See 47 CFR 1.8002(b)(1) . ( b ) ( 1 ) Applications by any entity found not to have paid the proper application or regulatory fee will be handled pursuant to the rules set forth in 47 CFR part 1, subpart G . ( 2 ) Action will be withheld on applications, including on a petition for reconsideration or any application for review of a fee determination, or requests for authorization by any entity found to be delinquent in its debt to the Commission (see § 1.1901(i) ), unless otherwise provided for in this regulation, e.g., 47 CFR 1.1928 (employee petition for a hearing). The entity will be informed that action will be withheld on the application until full payment or arrangement to pay any non-tax delinquent debt owed to the Commission is made and/or that the application may be dismissed. See the provisions of §§ 1.1108 , 1.1109 , 1.1116 , and 1.1118 . Any Commission action taken prior to the payment of delinquent non-tax debt owed to the Commission is contingent and subject to rescission. Failure to make payment on any delinquent debt is subject to collection of the debt, including interest thereon, any associated penalties, and the full cost of collection to the Federal government pursuant to the provisions of the Debt Collection Improvement Act, 31 U.S.C. 3717 . ( 3 ) If a delinquency has not been paid or the debtor has not made other satisfactory arrangements within 30 days of the date of the notice provided pursuant to paragraph (b)(2) of this section, the application or request for authorization will be dismissed. ( i ) The provisions of paragraphs (b)(2) and (b)(3) of this section will not apply if the applicant has timely filed a challenge through an administrative appeal or a contested judicial proceeding either to the existence or amount of the non-tax delinquent debt owed the Commission. ( ii ) The provisions of paragraphs (b)(2) and (b)(3) of this section will not apply where more restrictive rules govern treatment of delinquent debtors, such as 47 CFR 1.2105(a)(2)(xi) and (xii) . ( c ) ( 1 ) Applications for emergency or special temporary authority involving safety of life or property (including national security emergencies) or involving a brief transition period facilitating continuity of service to a substantial number of customers or end users, will not be subject to the provisions of paragraphs (a) and (b) of this section. However, paragraphs (a) and (b) will be applied to permanent authorizations for these services. ( 2 ) The provisions of paragraphs (a) and (b) of this section will not apply to applications or requests for authorization to which 11 U.S.C. 525(a) is applicable. [ 69 FR 57230 , Sept. 24, 2004, as amended at 76 FR 70910 , Nov. 16, 2011; 80 FR 56809 , Sept. 18, 2015] Administrative Offset—Consumer Reporting Agencies—Contracting for Collection § 1.1911 Demand for payment. ( a ) Written demand as described in paragraph (b) of this section, and which may be in the form of a letter, order, memorandum, or other form of written communication, will be made promptly upon a debtor of the United States in terms that inform the debtor of the consequences of failing to cooperate to resolve the debt. The specific content, timing, and number of demand letters depend upon the type and amount of the debt, including, e.g., any notes and the terms of agreements of the parties, and the debtor's response, if any, to the Commission's letters or telephone calls. One demand letter will be deemed sufficient. In determining the timing of the demand letter(s), the Commission will give due regard to the need to refer debts promptly to the Department of Justice for litigation, in accordance with the FCCS. When necessary to protect the Government's interest (for example, to prevent the expiration of a statute of limitations), written demand may be preceded by other appropriate actions under the FCCS, including immediate referral for litigation. The demand letter does not provide an additional period within to challenge the existence of, or amount of the non-tax debt if such time period has expired under Commission rules or other applicable limitation periods. Nothing contained herein is intended to limit the Commission's authority or discretion as may otherwise be permitted to collect debts owed. ( b ) The demand letter will inform the debtor of: ( 1 ) The basis for the indebtedness and the opportunities, if any, of the debtor to request review within the Commission; ( 2 ) The applicable standards for assessing any interest, penalties, and administrative costs ( §§ 1.1940 and 1.1941 ); ( 3 ) The date by which payment is to be made to avoid late charges and enforced collection, which normally will not be more than 30 days from the date that the initial demand letter was mailed or hand-delivered; and ( 4 ) The name, address, and phone number of a contact person or office within the Commission. ( c ) The Commission will expend all reasonable effort to ensure that demand letters are mailed or hand-delivered on the same day that they are dated. As provided for in any agreement among parties, or as may be required by exigent circumstances, the Commission may use other forms of delivery, including, e.g., facsimile telecopier or electronic mail. There is no prescribed format for demand letters. The Commission utilizes demand letters and procedures that will lead to the earliest practicable determination of whether the debt can be resolved administratively or must be referred for litigation. ( d ) The Commission may, as circumstances and the nature of the debt permit, include in demand letters such items as the Commission's willingness to discuss alternative methods of payment; its policies with respect to the use of credit bureaus, debt collection centers, and collection agencies; the Commission's remedies to enforce payment of the debt (including assessment of interest, administrative costs and penalties, administrative garnishment, the use of collection agencies, Federal salary offset, tax refund offset, administrative offset, and litigation); the requirement that any debt delinquent for more than 120 days be transferred to the Department of the Treasury for collection; and, depending on applicable statutory authority, the debtor's entitlement to consideration of a waiver. Where applicable, the debtor will be provided with a period of time (normally not more than 15 calendar days) from the date of the demand in which to exercise the opportunity to request a review. ( e ) The Commission will respond promptly to communications from the debtor, within 30 days whenever feasible, and will advise debtors who dispute the debt that they must furnish available evidence to support their contentions. ( f ) Prior to the initiation of the demand process or at any time during or after completion of the demand process, if the Commission determines to pursue, or is required to pursue, offset, the procedures applicable to offset in §§ 1.1912 and 1.1913 , as applicable, will be followed. The availability of funds or money for debt satisfaction by offset and the Commission's determination to pursue collection by offset shall release the Commission from the necessity of further compliance with paragraphs (a) , (b) , (c) , and (d) of this section. ( g ) Prior to referring a debt for litigation, the Commission will advise each person determined to be liable for the debt that, unless the debt can be collected administratively, litigation may be initiated. This notification will follow the requirements of Executive Order 12988 ( 3 CFR , 1996 Comp., pp. 157-163) and may be given as part of a demand letter under paragraph (b) of this section or in a separate document. Litigation counsel for the Government will be advised that this notice has been given. ( h ) When the Commission learns that a bankruptcy petition has been filed with respect to a debtor, before proceeding with further collection action, the Commission may immediately seek legal advice from its counsel concerning the impact of the Bankruptcy Code on any pending or contemplated collection activities. Unless the Commission determines that the automatic stay imposed at the time of filing pursuant to 11 U.S.C. 362 has been lifted or is no longer in effect, in most cases collection activity against the debtor should stop immediately. ( 1 ) After seeking legal advice, a proof of claim will be filed in most cases with the bankruptcy court or the Trustee. The Commission will refer to the provisions of 11 U.S.C. 106 relating to the consequences on sovereign immunity of filing a proof of claim. ( 2 ) If the Commission is a secured creditor, it may seek relief from the automatic stay regarding its security, subject to the provisions and requirements of 11 U.S.C. 362 . ( 3 ) Offset is stayed in most cases by the automatic stay. However, the Commission will determine from its counsel whether its payments to the debtor and payments of other agencies available for offset may be frozen by the Commission until relief from the automatic stay can be obtained from the bankruptcy court. The Commission will also determine from its counsel whether recoupment is available. [ 69 FR 27848 , May 17, 2004, as amended at 80 FR 43030 , July 21, 2015] § 1.1912 Collection by administrative offset. ( a ) Scope. ( 1 ) The term administrative offset has the meaning provided in § 1.1901 . ( 2 ) This section does not apply to: ( i ) Debts arising under the Social Security Act, except as provided in 42 U.S.C. 404 ; ( ii ) Payments made under the Social Security Act, except as provided for in 31 U.S.C. 3716(c) (see 31 CFR 285.4 , Federal Benefit Offset); ( iii ) Debts arising under, or payments made under, the Internal Revenue Code (see 31 CFR 285.2 , Tax Refund Offset) or the tariff laws of the United States; ( iv ) Offsets against Federal salaries to the extent these standards are inconsistent with regulations published to implement such offsets under 5 U.S.C. 5514 and 31 U.S.C. 3716 (see 5 CFR part 550, subpart K , and 31 CFR 285.7, Federal Salary Offset); ( v ) Offsets under 31 U.S.C. 3728 against a judgment obtained by a debtor against the United States; ( vi ) Offsets or recoupments under common law, State law, or Federal statutes specifically prohibiting offsets or recoupments of particular types of debts; or ( vii ) Offsets in the course of judicial proceedings, including bankruptcy. ( 3 ) Unless otherwise provided for by contract or law, debts or payments that are not subject to administrative offset under 31 U.S.C. 3716 may be collected by administrative offset under the common law or other applicable statutory authority. ( 4 ) Unless otherwise provided by law, administrative offset of payments under the authority of 31 U.S.C. 3716 to collect a debt may not be conducted more than 10 years after the Government's right to collect the debt first accrued, unless facts material to the Government's right to collect the debt were not known and could not reasonably have been known by the official or officials of the Government who were charged with the responsibility to discover and collect such debts. This limitation does not apply to debts reduced to a judgment. ( 5 ) In bankruptcy cases, the Commission will seek legal advice from its counsel concerning the impact of the Bankruptcy Code, particularly 11 U.S.C. 106 , 362 , and 553 , on pending or contemplated collections by offset. ( b ) Mandatory centralized administrative offset. ( 1 ) The Commission is required to refer past due, legally enforceable nontax debts which are over 120 days delinquent to the Treasury for collection by centralized administrative offset. Debts which are less than 120 days delinquent also may be referred to the Treasury for this purpose. See FCCS for debt certification requirements. ( 2 ) The names and taxpayer identifying numbers (TINs) of debtors who owe debts referred to the Treasury as described in paragraph (b)(1) of this section shall be compared to the names and TINs on payments to be made by Federal disbursing officials. Federal disbursing officials include disbursing officials of Treasury, the Department of Defense, the United States Postal Service, other Government corporations, and disbursing officials of the United States designated by the Treasury. When the name and TIN of a debtor match the name and TIN of a payee and all other requirements for offset have been met, the payment will be offset to satisfy the debt. ( 3 ) Federal disbursing officials will notify the debtor/payee in writing that an offset has occurred to satisfy, in part or in full, a past due, legally enforceable delinquent debt. The notice shall include a description of the type and amount of the payment from which the offset was taken, the amount of offset that was taken, the identity of the creditor agency requesting the offset, and a contact point within the creditor agency who will respond to questions regarding the offset. ( 4 ) ( i ) Before referring a delinquent debt to the Treasury for administrative offset, and subject to any agreement and/or waiver to the contrary by the debtor, the Commission shall ensure that offsets are initiated only after the debtor: ( A ) Has been sent written notice of the type and amount of the debt, the intention of the Commission to use administrative offset to collect the debt, and an explanation of the debtor's rights under 31 U.S.C. 3716 ; and ( B ) The debtor has been given: ( 1 ) The opportunity to request within 15 days of the date of the written notice, after which opportunity is deemed waived, by the debtor, to inspect and copy Commission records related to the debt; ( 2 ) The opportunity, unless otherwise waived by the debtor, for a review within the Commission of the determination of indebtedness; and ( 3 ) The opportunity to request within 15 days of the date of the written notice, after which the opportunity is deemed waived by the debtor, for the debtor to make a written agreement to repay the debt. ( ii ) The Commission may omit the procedures set forth in paragraph (b)(4)(i) of this section when: ( A ) The offset is in the nature of a recoupment; ( B ) The debt arises under a contract as set forth in Cecile Industries, Inc. v. Cheney, 995 F.2d 1052 (Fed. Cir. 1993) (notice and other procedural protections set forth in 31 U.S.C. 3716(a) do not supplant or restrict established procedures for contractual offsets accommodated by the Contracts Disputes Act); or ( C ) In the case of non-centralized administrative offsets conducted under paragraph (c) of this section, the Commission first learns of the existence of the amount owed by the debtor when there is insufficient time before payment would be made to the debtor/payee to allow for prior notice and an opportunity for review. When prior notice and an opportunity for review are omitted, the Commission shall give the debtor such notice and an opportunity for review as soon as practicable and shall promptly refund any money ultimately found not to have been owed to the Government. ( iii ) When the Commission previously has given a debtor any of the required notice and review opportunities with respect to a particular debt ( see 31 CFR 901.2 ), the Commission need not duplicate such notice and review opportunities before administrative offset may be initiated. ( 5 ) Before the Commission refers delinquent debts to the Treasury, the Office of Managing Director must certify, in a form acceptable to the Treasury, that: ( i ) The debt(s) is (are) past due and legally enforceable; and ( ii ) The Commission has complied with all due process requirements under 31 U.S.C. 3716(a) and its regulations. ( 6 ) Payments that are prohibited by law from being offset are exempt from centralized administrative offset. The Treasury shall exempt payments under means-tested programs from centralized administrative offset when requested in writing by the head of the payment certifying or authorizing agency. Also, the Treasury may exempt other classes of payments from centralized offset upon the written request of the head of the payment certifying or authorizing agency. ( 7 ) Benefit payments made under the Social Security Act ( 42 U.S.C. 301 et seq. ), part B of the Black Lung Benefits Act ( 30 U.S.C. 921 et seq. ), and any law administered by the Railroad Retirement Board (other than tier 2 benefits), may be offset only in accordance with Treasury regulations, issued in consultation with the Social Security Administration, the Railroad Retirement Board, and the Office of Management and Budget. See 31 CFR 285.4 . ( 8 ) In accordance with 31 U.S.C. 3716(f) , the Treasury may waive the provisions of the Computer Matching and Privacy Protection Act of 1988 concerning matching agreements and post-match notification and verification ( 5 U.S.C. 552a(o) and (p) ) for centralized administrative offset upon receipt of a certification from a creditor agency that the due process requirements enumerated in 31 U.S.C. 3716(a) have been met. The certification of a debt in accordance with paragraph (b)(5) of this section will satisfy this requirement. If such a waiver is granted, only the Data Integrity Board of the Department of the Treasury is required to oversee any matching activities, in accordance with 31 U.S.C. 3716(g) . This waiver authority does not apply to offsets conducted under paragraphs (c) and (d) of this section. ( c ) Non-centralized administrative offset. ( 1 ) Generally, non-centralized administrative offsets are ad hoc case-by-case offsets that the Commission conducts, at the Commission's discretion, internally or in cooperation with the agency certifying or authorizing payments to the debtor. Unless otherwise prohibited by law, when centralized administrative offset is not available or appropriate, past due, legally enforceable nontax delinquent debts may be collected through non-centralized administrative offset. In these cases, a creditor agency may make a request directly to a payment-authorizing agency to offset a payment due a debtor to collect a delinquent debt. For example, it may be appropriate for a creditor agency to request that the Office of Personnel Management (OPM) offset a Federal employee's lump-sum payment upon leaving Government service to satisfy an unpaid advance. ( 2 ) The Commission will make reasonable effort to ensure that such offsets may occur only after: ( i ) The debtor has been provided due process as set forth in paragraph (b)(4) of this section (subject to any waiver by the debtor); and ( ii ) The payment authorizing agency has received written certification from the Commission that the debtor owes the past due, legally enforceable delinquent debt in the amount stated, and that the creditor agency has fully complied with its regulations concerning administrative offset. ( 3 ) Payment authorizing agencies shall comply with offset requests by creditor agencies to collect debts owed to the United States, unless the offset would not be in the best interests of the United States with respect to the program of the payment authorizing agency, or would otherwise be contrary to law. Appropriate use should be made of the cooperative efforts of other agencies in effecting collection by administrative offset. ( 4 ) When collecting multiple debts by non-centralized administrative offset, agencies should apply the recovered amounts to those debts in accordance with the best interests of the United States, as determined by the facts and circumstances of the particular case, particularly the applicable statute of limitations. [ 69 FR 27848 , May 17, 2004, as amended at 76 FR 24393 , May 2, 2011; 80 FR 43031 , July 21, 2015] § 1.1913 Administrative offset against amounts payable from Civil Service Retirement and Disability Fund. Upon providing the Office of Personnel Management (OPM) with written certification that a debtor has been afforded the procedures provided in § 1.1912(b)(4) , the Commission may request OPM to offset a debtor's anticipated or future benefit payments under the Civil Service Retirement and Disability Fund (Fund) in accordance with regulations codified at 5 CFR 831.1801-831.1808 . Upon receipt of such a request, OPM will identify and “flag” a debtor's account in anticipation of the time when the debtor requests, or becomes eligible to receive, payments from the Fund. This will satisfy any requirement that offset be initiated prior to the expiration of the time limitations referenced in § 1.1914(a)(4) . § 1.1914 Collection in installments. Cross Reference Link to an amendment published at 88 FR 63747 , Sept. 15, 2023. ( a ) Subject to the Commission's rules pertaining to the installment loan program ( see e.g. , 47 CFR § 1.2110(g) ), subpart Q or other agreements among the parties, the terms of which will control, whenever feasible, the Commission shall collect the total amount of a debt in one lump sum. If a debtor is financially unable to pay a debt in one lump sum, the Commission, in its sole discretion, may accept payment in regular installments. The Commission will obtain financial statements from debtors who represent that they are unable to pay in one lump sum and which are able to verify independently such representations ( see 31 CFR 902.2(g) ). The Commission will require and obtain a legally enforceable written agreement from the debtor that specifies all of the terms of the arrangement, including, as appropriate, sureties and other indicia of creditworthiness ( see Federal Credit Reform Act of 1990, 2 U.S.C. 661 , et seq., OMB Circular A-129), and that contains a provision accelerating the debt in the event of default. ( b ) The size and frequency of installment payments should bear a reasonable relation to the size of the debt and the debtor's ability to pay. If possible, the installment payments will be sufficient in size and frequency to liquidate the debt in three years or less. ( c ) Security for deferred payments will be obtained in appropriate cases. The Commission may accept installment payments notwithstanding the refusal of the debtor to execute a written agreement or to give security, at the Commission's option. ( d ) The Commission may deny the extension of credit to any debtor who fails to provide the records requested or fails to show an ability to pay the debt. § 1.1915 Exploration of compromise. The Commission may attempt to effect compromise, preferably during the course of personal interviews, in accordance with the standards set forth in part 902 of the Federal Claims Collection Standards ( 31 CFR part 902 ). The Commission will also consider a request submitted by the debtor to compromise the debt. Such requests should be submitted in writing with full justification of the offer and addressing the bases for compromise at 31 CFR 902.2 . Debtors will provide full financial information to support any request for compromise based on the debtor's inability to pay the debt. Unless otherwise provided by law, when the principal balance of a debt, exclusive of interest, penalties, and administrative costs, exceeds $100,000 or any higher amount authorized by the Attorney General, the authority to accept the compromise rests with the Department of Justice. The Commission will evaluate an offer, using the factors set forth in 31 CFR 902.2 and, as appropriate, refer the offer with the appropriate financial information to the Department of Justice. Department of Justice approval is not required if the Commission rejects a compromise offer. § 1.1916 Suspending or terminating collection action. The suspension or termination of collection action shall be made in accordance with the standards set forth in part 903 of the Federal Claims Collection Standards ( 31 CFR part 903 ). § 1.1917 Referrals to the Department of Justice and transfer of delinquent debt to the Secretary of Treasury. ( a ) Referrals to the Department of Justice shall be made in accordance with the standards set forth in part 904 of the Federal Claims Collection Standards ( 31 CFR part 904 ). ( b ) The DCIA includes separate provisions governing the requirements that the Commission transfer delinquent debts to Treasury for general collection purposes (cross-servicing) in accordance with 31 U.S.C. 3711(g)(1) and (2) , and notify Treasury of delinquent debts for the purpose of administrative offset in accordance with 31 U.S.C. 3716(c)(6) . Title 31, U.S.C. 3711(g)(1) requires the Commission to transfer to Treasury all collection activity for a given debt. Under section 3711(g), Treasury will use all appropriate debt collection tools to collect the debt, including referral to a designated debt collection center or private collection agency, and administrative offset. Once a debt has been transferred to Treasury pursuant to the procedures at 31 CFR 285.12 , the Commission will cease all collection activity related to that debt. ( c ) All non-tax debts of claims owed to the Commission that have been delinquent for a period of 120 days shall be transferred to the Secretary of the Treasury. Debts which are less than 120 days delinquent may also be referred to the Treasury. Upon such transfer the Secretary of the Treasury shall take appropriate action to collect or terminate collection actions on the debt or claim. A debt is past-due if it has not been paid by the date specified in the Commission's initial written demand for payment or applicable agreement or instrument (including a post-delinquency payment agreement) unless other satisfactory payment arrangements have been made. [ 69 FR 27848 , May 17, 2004, as amended at 80 FR 43031 , July 21, 2015] § 1.1918 Use of consumer reporting agencies. ( a ) The term individual means a natural person, and the term consumer reporting agency has the meaning provided in the Federal Claims Collection Act, as amended, 31 U.S.C. 3701(a)(3) or the Fair Credit Reporting Act, 15 U.S.C. 168a(f) . ( b ) The Commission may disclose to a consumer reporting agency, or provide information to the Treasury who may disclose to a consumer reporting agency from a system of records, information that an individual is responsible for a claim. System information includes, for example, name, taxpayer identification number, business and home address, business and home telephone numbers, the amount of the debt, the amount of unpaid principle, the late period, and the payment history. Before the Commission reports the information, it will: ( 1 ) Provide notice required by section 5 U.S.C. 552a(e)(4) that information in the system may be disclosed to a consumer reporting agency; ( 2 ) Review the claim to determine that it is valid and overdue; ( 3 ) Make reasonable efforts using information provided by the debtor in Commission files to notify the debtor, unless otherwise specified under the terms of a contract or agreement— ( i ) That payment of the claim is overdue; ( ii ) That, within not less than 60 days from the date of the notice, the Commission intends to disclose to a consumer reporting agency that the individual is responsible for that claim; ( iii ) That information in the system of records may be disclosed to the consumer reporting agency; and ( iv ) That unless otherwise specified and agreed to in an agreement, contract, or by the terms of a note and/or security agreement, or that the debt arises from the nonpayment of a Commission fee, penalty, or other statutory or regulatory obligations, the individual will be provided with an explanation of the claim, and, as appropriate, procedures to dispute information in the records of the agency about the claim, and to administrative appeal or review of the claim; and ( 4 ) Review Commission records to determine that the individual has not— ( i ) Repaid or agreed to repay the claim under a written repayment plan agreed to and signed by both the individual and the Commission's representative; or, if eligible; and ( ii ) Filed for review of the claim under paragraph (g) of this section; ( c ) The Commission shall: ( 1 ) Disclose to each consumer reporting agency to which the original disclosure was made a substantial change in the condition or amount of the claim; ( 2 ) Verify or correct promptly information about the claim, on request of a consumer reporting agency for verification of any or all information so disclosed; and ( 3 ) Obtain assurances from each consumer reporting agency that they are complying with all laws of the United States relating to providing consumer credit information. ( d ) The Commission shall ensure that information disclosed to the consumer reporting agency is limited to— ( 1 ) Information necessary to establish the identity of the individual, including name, address, and taxpayer identification number; ( 2 ) The amount, status, and history of the claim; and ( 3 ) The agency or program under which the claim arose. ( e ) All accounts in excess of $100 that have been delinquent more than 31 days will normally be referred to a consumer reporting agency. ( f ) Under the same provisions as described in paragraph (b) of this section, the Commission may disclose to a credit reporting agency, information relating to a debtor other than a natural person. Such commercial debt accounts are not covered by the Privacy Act. Moreover, commercial debt accounts are subject to the Commission's rules concerning debt obligation, including part 1 rules related to auction debt, and the agreements of the parties. § 1.1919 Contracting for collection services. ( a ) Subject to the provisions of paragraph (b) of this section, the Commission may contract with private collection contractors, as defined in 31 U.S.C. 3701(f) , to recover delinquent debts. In that regard, the Commission: ( 1 ) Retains the authority to resolve disputes, compromise debts, suspend or terminate collection activity, and refer debts for litigation; ( 2 ) Restricts the private collection contractor from offering, as an incentive for payment, the opportunity to pay the debt less the private collection contractor's fee unless the Commission has granted such authority prior to the offer; ( 3 ) Specifically requires, as a term of its contract with the private collection contractor, that the private collection contractor is subject to the Privacy Act of 1974 to the extent specified in 5 U.S.C. 552a(m) , and to applicable Federal and state laws and regulations pertaining to debt collection practices, including but not limited to the Fair Debt Collection Practices Act, 15 U.S.C. 1692 ; and ( 4 ) The private collection contractor is required to account for all amounts collected. ( b ) Although the Commission will use government-wide debt collection contracts to obtain debt collection services provided by private collection contractors, the Commission may refer debts to private collection contractors pursuant to a contract between the Commission and the private collection contractor in those situations where the Commission is not required to transfer debt to the Secretary of the Treasury for debt collection. ( c ) Agencies may fund private collection contractor in accordance with 31 U.S.C. 3718(d) , or as otherwise permitted by law. ( d ) The Commission may enter into contracts for locating and recovering assets of the United States, such as unclaimed assets, but it will first establish procedures that are acceptable to Treasury before entering into contracts to recover assets of the United States held by a state government or a financial institution. ( e ) The Commission may enter into contracts for debtor asset and income search reports. In accordance with 31 U.S.C. 3718(d) , such contracts may provide that the fee a contractor charges the Commission for such services may be payable from the amounts recovered, unless otherwise prohibited by statute. In that regard, fees for those services will be added to the amount collected and are part of the administrative collection costs passed on to the debtor. See § 1.1940 . §§ 1.1920-1.1924 [Reserved] Salary Offset-Individual Debt § 1.1925 Purpose. Sections 1.1925 through 1.1939 apply to individuals who are employees of the Commission and provides the standards to be followed by the Commission in implementing 5 U.S.C. 5514 ; sec. 8(1) of E.O. 11609 ( 3 CFR , 1971-1975 Comp., p.586); redesignated in sec. 2-1 of E.O. 12107 ( 3 CFR , 1978 Comp., p.264) to recover a debt from the pay account of a Commission employee. It also establishes procedural guidelines to recover debts when the employee's creditor and paying agencies are not the same. § 1.1926 Scope. ( a ) Coverage. This section applies to the Commission and employees as defined by § 1.1901 . ( b ) Applicability. This section and 5 U.S.C. 5514 apply in recovering certain debts by offset, except where the employee consents to the recovery, from the current pay account of that employee. Because it is an administrative offset, debt collection procedures for salary offset which are not specified in 5 U.S.C. 5514 and these regulations should be consistent with the provisions of the Federal Claims Collection Standards ( 31 CFR parts 900-904 ). ( 1 ) Excluded debts or claims. The procedures contained in this section do not apply to debts or claims arising under the Internal Revenue Code of 1954, as amended ( 26 U.S.C. 1 et seq. ), the Social Security Act ( 42 U.S.C. 301 et seq. ) or the tariff laws of the United States, or to any case where collection of a debt by salary offset is explicitly provided for or prohibited by another statute (e.g., travel advances in 5 U.S.C. 5705 and employee training expenses in 5 U.S.C. 4108 ). ( 2 ) Section 1.1926 does not preclude an employee from requesting waiver of an erroneous payment under 5 U.S.C. 5584 , 10 U.S.C. 2774 , or 32 U.S.C. 716 , or in any way questioning the amount or validity of a debt, in the manner prescribed by the Commissioner. Similarly, this subpart does not preclude an employee from requesting waiver of the collection of a debt under any other applicable statutory authority. ( c ) Time limit. Under 31 CFR 901.3(a)(4) offset may not be initiated more than 10 years after the Government's right to collect the debt first accrued, unless an exception applies as stated in section 901.3(a)(4) . § 1.1927 Notification. ( a ) Salary offset deductions will not be made unless the Managing Director of the Commission, or the Managing Director's designee, provides to the employee at least 30 days before any deduction, written notice stating at a minimum: ( 1 ) The Commission's determination that a debt is owed, including the origin, nature, and amount of the debt; ( 2 ) The Commission's intention to collect the debt by means of deduction from the employee's current disposable pay account; ( 3 ) The frequency and amount of the intended deduction (stated as a fixed dollar amount or as a percentage of pay, not to exceed 15 percent of disposable pay) and the intention to continue the deductions until the debt is paid in full or otherwise resolved; ( 4 ) An explanation of the Commission's policy concerning interest, penalties, and administrative costs ( See §§ 1.1940 and 1.1941 ), a statement that such assessments must be made unless excused in accordance with the FCCS; ( 5 ) The employee's right to inspect and copy Government records relating to the debt or, if the employee or his or her representative cannot personally inspect the records, to request and receive a copy of such records. ( 6 ) If not previously provided, the opportunity (under terms agreeable to the Commission) to establish a schedule for the voluntary repayment of the debt or to enter into a written agreement to establish a schedule for repayment of the debt in lieu of offset. The agreement must be in writing, signed by both the employee and the Managing Director (or designee) of the Commission and documented in Commission files (see the FCCS). ( 7 ) The employee's right to a hearing conducted by an official arranged by the Commission (an administrative law judge, or alternatively, a hearing official not under the control of the head of the Commission) if a petition is filed as prescribed by this subpart. ( 8 ) The method and time period for petitioning for a hearing; ( 9 ) That the timely filing of a petition for hearing will stay the commencement of collection proceedings; ( 10 ) That the final decision in the hearing (if one is requested) will be issued at the earliest practical date, but not later than 60 days after the filing of the petition requesting the hearing unless the employee requests and the hearing official grants a delay in the proceedings; ( 11 ) That any knowingly false, misleading, or frivolous statements, representations, or evidence may subject the employee to: ( i ) Disciplinary procedures appropriate under Chapter 75 of title 5, U.S.C. , part 752 of title 5, Code of Federal Regulations , or any other applicable statutes or regulations. ( ii ) Penalties under the False Claims Act sections 3729-3731 of title 31, U.S.C., or any other applicable statutory authority; or ( iii ) Criminal penalties under sections 286, 287, 1001, and 1002 of title 18, U.S.C., or any other applicable statutory authority. ( 12 ) Any other rights and remedies available to the employee under statutes or regulations governing the program for which the collection is being made; and ( 13 ) Unless there are applicable contractual or statutory provisions to the contrary, that amounts paid on or deducted for the debt which are later waived or found not owed to the United States will be promptly refunded to the employee. ( b ) Notifications under this section shall be hand delivered with a record made of the date of delivery, or shall be mailed by certified mail, return receipt requested. ( c ) No notification, hearing, written responses or final decisions under this regulation are required by the Commission for: ( 1 ) Any adjustment to pay arising out of an employee's election of coverage, or change in coverage, under a Federal benefit program requiring periodic deductions from pay, if the amount to be recovered was accumulated over four pay periods or less; ( 2 ) A routine intra-Commission adjustment of pay that is made to correct an overpayment of pay attributable to clerical or administrative errors or delays in processing pay documents, if the overpayment occurred within the four pay periods preceding the adjustment, or as soon thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and point of contact for contesting such adjustment; or ( 3 ) Any adjustment to collect a debt amounting to $50 or less, if, at the time of such adjustment, or as soon thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and a point of contact for contesting such adjustment. § 1.1928 Hearing. ( a ) Petition for hearing. ( 1 ) An employee may request a hearing by filing a written petition with the Managing Director of the Commission, or designated official stating why the employee believes the determination of the Commission concerning the existence or the amount of the debt is in error. ( 2 ) The employee's petition must be executed under penalty of perjury by the employee and fully identify and explain with reasonable specificity all the facts, evidence and witnesses, if any, which the employee believes support his or her position. ( 3 ) The petition must be filed no later than fifteen (15) calendar days from the date that the notification was hand delivered or the date of delivery by certified mail, return receipt requested. ( 4 ) If a petition is received after the fifteenth (15) calendar day deadline referred to paragraph (a) (3) of this section, the Commission will nevertheless accept the petition if the employee can show, in writing, that the delay was due to circumstances beyond his or her control, or because of failure to receive notice of the time limit (unless otherwise aware of it). ( 5 ) If a petition is not filed within the time limit specified in paragraph (a) (3) of this section, and is not accepted pursuant to paragraph (a)(4) of this section, the employee's right to hearing will be considered waived, and salary offset will be implemented by the Commission. ( b ) Type of hearing. ( 1 ) The form and content of the hearing will be determined by the hearing official who shall be a person outside the control or authority of the Commission except that nothing herein shall be construed to prohibit the appointment of an administrative law judge by the Commission. In determining the type of hearing, the hearing officer will consider the nature and complexity of the transaction giving rise to the debt. The hearing may be conducted as an informal conference or interview, in which the Commission and employee will be given a full opportunity to present their respective positions, or as a more formal proceeding involving the presentation of evidence, arguments and written submissions. ( 2 ) The employee may represent him or herself, or may be represented by an attorney. ( 3 ) The hearing official shall maintain a summary record of the hearing. ( 4 ) The decision of the hearing officer shall be in writing, and shall state: ( i ) The facts purported to evidence the nature and origin of the alleged debt; ( ii ) The hearing official's analysis, findings, and conclusions, in the light of the hearing, as to— ( A ) The employee's and/or agency's grounds, ( B ) The amount and validity of the alleged debt, and, ( C ) The repayment schedule, if applicable. ( 5 ) The decision of the hearing official shall constitute the final administrative decision of the Commission. § 1.1929 Deduction from employee's pay. ( a ) Deduction by salary offset, from an employee's current disposable pay, shall be subject to the following conditions: ( 1 ) Ordinarily, debts to the United States will be collected in full, in one lump sum. This will be done when funds are available for payment in one lump sum. However, if the employee is financially unable to pay in one lump sum or the amount of the debt exceeds 15 percent of disposable pay for an officially established pay interval, collection must be made in installments. ( 2 ) The size of the installment deductions will bear a reasonable relationship to the size of the debt and the employee's ability to pay ( see the FCCS). However, the installments will not exceed 15 percent of the disposable pay from which the deduction is made, unless the employee has agreed in writing to the deduction of a greater amount. ( 3 ) Deduction will generally commence with the next full pay interval (ordinarily the next biweekly pay period) following the date: of the employee's written consent to salary offset, the waiver of hearing, or the decision issued by the hearing officer. ( 4 ) Installment deductions will be pro-rated for a period not greater than the anticipated period of employment except as provided in § 1.1930 . § 1.1930 Liquidation from final check or recovery from other payment. ( a ) If the employee retires or resigns or if his or her employment or period of active duty ends before collection of the debt is completed, offset of the entire remaining balance of the debt may be made from a final payment of any nature, including, but not limited to a final salary payment or lump-sum leave due the employee as the date of separation, to such extent as is necessary to liquidate the debt. ( b ) If the debt cannot be liquidated by offset from a final payment, offset may be made from later payments of any kind due from the United States, including, but not limited to, the Civil Service Retirement and Disability Fund, pursuant to § 1.1913 . § 1.1931 Non-waiver of rights by payments. An employee's involuntary payment of all or any portion of a debt being collected under 5 U.S.C. 5514 shall not be construed as a waiver of any rights which the employee may have under 5 U.S.C. 5514 or any other provision of contract or law, unless statutory or contractual provisions provide to the contrary. § 1.1932 Refunds. ( a ) Refunds shall promptly be made when— ( 1 ) A debt is waived or otherwise found not owing to the United States (unless expressly prohibited by statute or regulation); or ( 2 ) The employee's paying agency is directed by an administrative or judicial order to refund amounts deducted from his or her current pay. ( b ) Refunds do not bear interest unless required or permitted by law or contract. § 1.1933 Interest, penalties and administrative costs. The assessment of interest, penalties and administrative costs shall be in accordance with §§ 1.1940 and 1.1941 . § 1.1934 Recovery when the Commission is not creditor agency. ( a ) Responsibilities of creditor agency. Upon completion of the procedures established under 5 U.S.C. 5514 , the creditor agency must do the following: ( 1 ) Must certify, in writing, that the employee owes the debt, the amount and basis of the debt, the date on which payment(s) is due, the date of the Government's right to collect the debt first accrued, and that the creditor agency's regulations implementing 5 U.S.C. 5514 have been approved by OPM. ( 2 ) If the collection must be made in installments, the creditor agency also must advise the Commission of the number of installments to be collected, the amount of each installment, and the commencement date of the first installment (if a date other than the next officially established pay period is required). ( 3 ) Unless the employee has consented to the salary offset in writing or signed a statement acknowledging receipt of the required procedures, and the written consent or statement is forwarded to the Commission, the creditor agency also must advise the Commission of the action(s) taken under 5 U.S.C. 5514(b) and give the date(s) the action(s) was taken. ( 4 ) Except as otherwise provided in this paragraph, the creditor agency must submit a debt claim containing the information specified in paragraphs (a)(1) through (a)(3) of this section and an installment agreement (or other instruction on the payment schedule), if applicable to the Commission. ( 5 ) If the employee is in the process of separating, the creditor agency must submit its claim to the Commission for collection pursuant to § 1.1930 . The Commission will certify the total amount of its collection and provide copies to the creditor agency and the employee as stated in paragraph (c)(1) of this section. If the Commission is aware that the employee is entitled to payments from the Civil Service Retirement and Disability Fund, or other similar payments, it must provide written notification to the agency responsible for making such payments that the debtor owes a debt (including the amount) and that there has been full compliance with the provisions of this section. However, the creditor agency must submit a properly certified claim to the agency responsible for making such payments before collection can be made. ( 6 ) If the employee is already separated and all payments from the Commission have been paid, the creditor agency may request, unless otherwise prohibited, that money due and payable to the employee from the Civil Service Retirement and Disability Fund ( 5 CFR 831.1801 et seq. ), or other similar funds, be administratively offset to collect the debt. ( 31 U.S.C. 3716 and 4 CFR 102.4 ) ( b ) Responsibilities of the Commission — ( 1 ) Complete claim. When the Commission receives a properly certified debt claim from a creditor agency, deductions should be scheduled to begin prospectively at the next official established pay interval. The Commission will notify the employee that the Commission has received a certified debt claim from the creditor agency (including the amount) and written notice of the date deductions from salary will commence and of the amount of such deductions. ( 2 ) Incomplete claim. When the Commission receives an incomplete debt claim from a creditor agency, the Commission will return the debt claim with a notice that procedures under 5 U.S.C. 5514 and this subpart must be provided, and a properly certified debt claim received, before action will be taken to collect from the employee's current pay account. ( 3 ) Review. The Commission will not review the merits of the creditor agency's determination with respect to the amount or validity of the debt certified by the creditor agency. ( c ) Employees who transfer from one paying agency to another. ( 1 ) If, after the creditor agency has submitted the debt claim to the Commission, the employee transfers to a position served by a different paying agency before the debt is collected in full, the Commission must certify the total amount of the collection made on the debt. One copy of the certification must be furnished to the employee, another to the creditor agency along with notice of employee's transfer. However, the creditor agency must submit a properly certified claim to the new paying agency before collection can be resumed. ( 2 ) When an employee transfers to another paying agency, the creditor agency need not repeat the due process procedures described by 5 U.S.C. 5514 and this subpart to resume the collection. However, the creditor agency is responsible for reviewing the debt upon receiving the former paying agency's notice of the employee's transfer to make sure the collection is resumed by the new paying agency. § 1.1935 Obtaining the services of a hearing official. ( a ) When the debtor does not work for the creditor agency and the creditor agency cannot provide a prompt and appropriate hearing before an administrative law judge or before a hearing official furnished pursuant to another lawful arrangement, the creditor agency may contact an agent of the Commission designated in Appendix A of 5 CFR part 581 for a hearing official, and the Commission will then cooperate as provided by the FCCS and provide a hearing official. ( b ) When the debtor works for the creditor agency, the creditor agency may contact any agent (of another agency) designated in Appendix A of 5 CFR part 581 to arrange for a hearing official. Agencies must then cooperate as required by the FCCS and provide a hearing official. ( c ) The determination of a hearing official designated under this section is considered to be an official certification regarding the existence and amount of the debt for purposes of executing salary offset under 5 U.S.C. 5514 . A creditor agency may make a certification to the Secretary of the Treasury under 31 CFR 550.1108 or a paying agency under 31 CFR 550.1109 regarding the existence and amount of the debt based on the certification of a hearing official. If a hearing official determines that a debt may not be collected via salary offset, but the creditor agency finds that the debt is still valid, the creditor agency may still seek collection of the debt through other means, such as offset of other Federal payments, litigation, etc. § 1.1936 Administrative wage garnishment. ( a ) Purpose. This section provides procedures for the Commission to collect money from a debtor's disposable pay by means of administrative wage garnishment to satisfy delinquent non-tax debt owed to the United States. ( b ) Scope. ( 1 ) This section applies to Commission-administered programs that give rise to a delinquent nontax debt owed to the United States and to the Commission's pursuit of recovery of such debt. ( 2 ) This section shall apply notwithstanding any provision of State law. ( 3 ) Nothing in this section precludes the compromise of a debt or the suspension or termination of collection action in accordance with applicable law. See, for example, the Federal Claims Collection Standards (FCCS), 31 CFR parts 900 through 904 . ( 4 ) The receipt of payments pursuant to this section does not preclude the Commission from pursuing other debt collection remedies, including the offset of Federal payments to satisfy delinquent nontax debt owed to the United States. The Commission may pursue such debt collection remedies separately or in conjunction with administrative wage garnishment. ( 5 ) This section does not apply to the collection of delinquent nontax debt owed to the Commission from the wages of Federal employees from their Federal employment. Federal pay is subject to the Federal salary offset procedures set forth in 5 U.S.C. 5514 , §§ 1.1925 through 1.1935 , and other applicable laws. ( 6 ) Nothing in this section requires the Commission to duplicate notices or administrative proceedings required by contract or other laws or regulations. ( c ) Definitions. In addition to the definitions set forth in § 1.1901 as used in this section, the following definitions shall apply: ( 1 ) Business day means Monday through Friday. For purposes of computation, the last day of the period will be included unless it is a Federal legal holiday. ( 2 ) Certificate of service means a certificate signed by a Commission official indicating the nature of the document to which it pertains, the date of mailing of the document, and to whom the document is being sent. ( 3 ) Day means calendar day. For purposes of computation, the last day of the period will be included unless it is a Saturday, a Sunday, or a Federal legal holiday. ( 4 ) Disposable pay means that part of the debtor's compensation (including, but not limited to, salary, bonuses, commissions, and vacation pay) from an employer remaining after the deduction of health insurance premiums and any amounts required by law to be withheld. ( 5 ) Amounts required by law to be withheld include amounts for deductions such as social security taxes and withholding taxes, but do not include any amount withheld pursuant to a court order. ( 6 ) Employer means a person or entity that employs the services of others and that pays their wages or salaries. The term employer includes, but is not limited to, State and local Governments, but does not include an agency of the Federal Government. ( 7 ) Garnishment means the process of withholding amounts from an employee's disposable pay and the paying of those amounts to a creditor in satisfaction of a withholding order. ( 8 ) Withholding order means any order for withholding or garnishment of pay issued by an agency, or judicial or administrative body. For purposes of this section, the terms “wage garnishment order” and “garnishment order” have the same meaning as “withholding order.” ( d ) General rule. Whenever the Commission determines that a delinquent debt is owed by an individual, the Commission may initiate proceedings administratively to garnish the wages of the delinquent debtor as governed by procedures prescribed by 31 CFR 285 . Wage garnishment will usually be performed for the Commission by the Treasury as part of the debt collection processes for Commission debts referred to Treasury for further collection action. ( e ) Notice requirements. ( 1 ) At least 30 days before the initiation of garnishment proceedings, the Commission shall mail, by first class mail, to the debtor's last known address a written notice informing the debtor of: ( i ) The nature and amount of the debt; ( ii ) The intention of the Commission to initiate proceedings to collect the debt through deductions from pay until the debt and all accumulated interest, penalties and administrative costs are paid in full; and ( iii ) An explanation of the debtor's rights, including those set forth in paragraph (e)(2) of this section, and the time frame within which the debtor may exercise his or her rights. ( 2 ) The debtor shall be afforded the opportunity: ( i ) To inspect and copy agency records related to the debt; ( ii ) To enter into a written repayment agreement with the Commission under terms agreeable to the Commission; and ( iii ) For a hearing in accordance with paragraph (f) of this section concerning the existence or the amount of the debt or the terms of the proposed repayment schedule under the garnishment order. However, the debtor is not entitled to a hearing concerning the terms of the proposed repayment schedule if these terms have been established by written agreement under paragraph (e)(2)(ii) of this section. ( 3 ) The Commission will keep a copy of a certificate of service indicating the date of mailing of the notice. The certificate of service may be retained electronically so long as the manner of retention is sufficient for evidentiary purposes. ( f ) Hearing. Pursuant to 31 CFR 285.11(f)(1) , the Commission hereby adopts by reference the hearing procedures of 31 CFR 285.11(f) . ( g ) Wage garnishment order. ( 1 ) Unless the Commission receives information that the Commission believes justifies a delay or cancellation of the withholding order, the Commission will send, by first class mail, a withholding order to the debtor's employer within 30 days after the debtor fails to make a timely request for a hearing ( i.e. , within 15 business days after the mailing of the notice described in paragraph (e)(1) of this section), or, if a timely request for a hearing is made by the debtor, within 30 days after a final decision is made by the Commission to proceed with garnishment, or as soon as reasonably possible thereafter. ( 2 ) The withholding order sent to the employer under paragraph (g)(1) of this section shall be in a form prescribed by the Secretary of the Treasury on the Commission's letterhead and signed by the head of the Commission or his/her delegate. The order shall contain only the information necessary for the employer to comply with the withholding order, including the debtor's name, address, and social security number, as well as instructions for withholding and information as to where payments should be sent. ( 3 ) The Commission will keep a copy of a certificate of service indicating the date of mailing of the order. The certificate of service may be retained electronically so long as the manner of retention is sufficient for evidentiary purposes. ( h ) Certification by employer. Along with the withholding order, the Commission shall send to the employer a certification in a form prescribed by the Secretary of the Treasury. The employer shall complete and return the certification to the Commission within the time frame prescribed in the instructions to the form addressing matters such as information about the debtor's employment status and disposable pay available for withholding. ( i ) Amounts withheld. ( 1 ) After receipt of the garnishment order issued under this section, the employer shall deduct from all disposable pay paid to the applicable debtor during each pay period the amount of garnishment described in paragraph (i)(2) of this section. ( 2 ) Subject to the provisions of paragraphs (i)(3) and (i)(4) of this section, the amount of garnishment shall be the lesser of: ( i ) The amount indicated on the garnishment order up to 15% of the debtor's disposable pay; or ( ii ) The amount set forth in 15 U.S.C. 1673(a)(2) (Restriction on Garnishment). The amount set forth at 15 U.S.C. 1673(a)(2) is the amount by which a debtor's disposable pay exceeds an amount equivalent to thirty times the minimum wage. See 29 CFR 870.10 . ( 3 ) When a debtor's pay is subject to withholding orders with priority the following shall apply: ( i ) Unless otherwise provided by Federal law, withholding orders issued under this section shall be paid in the amounts set forth under paragraph (i)(2) of this section and shall have priority over other withholding orders which are served later in time. Notwithstanding the foregoing, withholding orders for family support shall have priority over withholding orders issued under this section. ( ii ) If amounts are being withheld from a debtor's pay pursuant to a withholding order served on an employer before a withholding order issued pursuant to this section, or if a withholding order for family support is served on an employer at any time, the amounts withheld pursuant to the withholding order issued under this section shall be the lesser of: ( A ) The amount calculated under paragraph (i)(2) of this section, or ( B ) An amount equal to 25% of the debtor's disposable pay less the amount(s) withheld under the withholding order(s) with priority. ( iii ) If a debtor owes more than one debt to the Commission, the Commission may issue multiple withholding orders provided that the total amount garnished from the debtor's pay for such orders does not exceed the amount set forth in paragraph (i)(2) of this section. For purposes of this paragraph (i)(3)(iii) , the term agency refers to the Commission that is owed the debt. ( 4 ) An amount greater than that set forth in paragraphs (i)(2) and (i)(3) of this section may be withheld upon the written consent of debtor. ( 5 ) The employer shall promptly pay to the Commission all amounts withheld in accordance with the withholding order issued pursuant to this section. ( 6 ) An employer shall not be required to vary its normal pay and disbursement cycles in order to comply with the withholding order. ( 7 ) Any assignment or allotment by an employee of his earnings shall be void to the extent it interferes with or prohibits execution of the withholding order issued under this section, except for any assignment or allotment made pursuant to a family support judgment or order. ( 8 ) The employer shall withhold the appropriate amount from the debtor's wages for each pay period until the employer receives notification from the Commission to discontinue wage withholding. The garnishment order shall indicate a reasonable period of time within which the employer is required to commence wage withholding. ( j ) Exclusions from garnishment. The Commission may not garnish the wages of a debtor who it knows has been involuntarily separated from employment until the debtor has been reemployed continuously for at least 12 months. The debtor has the burden of informing the Commission of the circumstances surrounding an involuntary separation from employment. ( k ) Financial hardship. ( 1 ) A debtor whose wages are subject to a wage withholding order under this section, may, at any time, request a review by the Commission of the amount garnished, based on materially changed circumstances such as disability, divorce, or catastrophic illness which result in demonstrated financial hardship. ( 2 ) A debtor requesting a review under paragraph (k)(1) of this section shall submit the basis for claiming that the current amount of garnishment results in demonstrated financial hardship to the debtor, along with supporting documentation. The Commission will consider any information submitted; however, demonstrated financial hardship must be based on financial records that include Federal and state tax returns, affidavits executed under the pain and penalty of perjury, and, in the case of business-related financial hardship (e.g., the debtor is a partner or member of a business-agency relationship) full financial statements (audited and/or submitted under oath) in accordance with procedures and standards established by the Commission. ( 3 ) If a financial hardship is found, the Commission will downwardly adjust, by an amount and for a period of time agreeable to the Commission, the amount garnisheed to reflect the debtor's financial condition. The Commission will notify the employer of any adjustments to the amounts to be withheld. ( l ) Ending garnishment. ( 1 ) Once the Commission has fully recovered the amounts owed by the debtor, including interest, penalties, and administrative costs consistent with the FCCS, the Commission will send the debtor's employer notification to discontinue wage withholding. ( 2 ) At least annually, the Commission shall review its debtors' accounts to ensure that garnishment has been terminated for accounts that have been paid in full. ( m ) Actions prohibited by the employer. An employer may not discharge, refuse to employ, or take disciplinary action against the debtor due to the issuance of a withholding order under this section. ( n ) Refunds. ( 1 ) If a hearing official, at a hearing held pursuant to paragraph (f)(3) of this section, determines that a debt is not legally due and owing to the United States, the Commission shall promptly refund any amount collected by means of administrative wage garnishment. ( 2 ) Unless required by Federal law or contract, refunds under this section shall not bear interest. ( o ) Right of action. The Commission may sue any employer for any amount that the employer fails to withhold from wages owed and payable to an employee in accordance with paragraphs (g) and (i) of this section. However, a suit may not be filed before the termination of the collection action involving a particular debtor, unless earlier filing is necessary to avoid expiration of any applicable statute of limitations period. For purposes of this section, “termination of the collection action” occurs when the Commission has terminated collection action in accordance with the FCCS or other applicable standards. In any event, termination of the collection action will have been deemed to occur if the Commission has not received any payments to satisfy the debt from the particular debtor whose wages were subject to garnishment, in whole or in part, for a period of one (1) year. §§ 1.1937-1.1939 [Reserved] Interest, Penalties, Administrative Costs and Other Sanctions § 1.1940 Assessment. ( a ) Except as provided in paragraphs (g) , (h) , and (i) of this section or § 1.1941 , the Commission shall charge interest, penalties, and administrative costs on debts owed to the United States pursuant to 31 U.S.C. 3717 . The Commission will mail, hand-deliver, or use other forms of transmission, including facsimile telecopier service, a written notice to the debtor, at the debtor's CORES contact address (see section 1.8002(b) ) explaining the Commission's requirements concerning these charges except where these requirements are included in a contractual or repayment agreement, or otherwise provided in the Commission's rules, as may be amended from time to time. These charges shall continue to accrue until the debt is paid in full or otherwise resolved through compromise, termination, or waiver of the charges. This provision is not intended to modify or limit the terms of any contract, note, or security agreement from the debtor, or to modify or limit the Commission's rights under its rules with regard to the notice or the parties' agreement to waive notice. ( b ) The Commission shall charge interest on debts owed the United States as follows: ( 1 ) Interest shall accrue from the date of delinquency, or as otherwise provided by the terms of any contract, note, or security agreement, regulation, or law. ( 2 ) Unless otherwise established in a contract, note, or security agreement, repayment agreement, or by statute, the rate of interest charged shall be the rate established annually by the Treasury in accordance with 31 U.S.C. 3717 . Pursuant to 31 U.S.C. 3717 , an agency may charge a higher rate of interest if it reasonably determines that a higher rate is necessary to protect the rights of the United States. The agency should document the reason(s) for its determination that the higher rate is necessary. ( 3 ) The rate of interest, as initially charged, shall remain fixed for the duration of the indebtedness. When a debtor defaults on a repayment agreement and seeks to enter into a new agreement, the agency may require payment of interest at a new rate that reflects the current value of funds to the Treasury at the time the new agreement is executed. Interest shall not be compounded, that is, interest shall not be charged on interest, penalties, or administrative costs required by this section. If, however, a debtor defaults on a previous repayment agreement, charges that accrued but were not collected under the defaulted agreement shall be added to the principal under the new repayment agreement. ( c ) The Commission shall assess administrative costs incurred for processing and handling delinquent debts, unless otherwise prohibited by statute. The calculation of administrative costs may be based on actual costs incurred or upon estimated costs as determined by the Commission. Commission administrative costs include the personnel and service costs ( e.g., telephone, copier, and overhead) to notify and collect the debt, without regard to the success of such efforts by the Commission. ( d ) Unless otherwise established in a contract, repayment agreement, or by statute, the Commission will charge a penalty, pursuant to 31 U.S.C. 3717(e)(2) , currently not to exceed six percent (6%) a year on the amount due on a debt that is delinquent for more than 90 days. This charge shall accrue from the date of delinquency. If the rate permitted under 31 U.S.C. 3717 is changed, the Commission will apply that rate. ( e ) The Commission may increase an administrative debt by the cost of living adjustment in lieu of charging interest and penalties under this section. Administrative debt includes, but is not limited to, a debt based on fines, penalties, and overpayments, but does not include a debt based on the extension of Government credit, such as those arising from loans and loan guaranties. The cost of living adjustment is the percentage by which the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds the Consumer Price Index for the month of June of the calendar year in which the debt was determined or last adjusted. Increases to administrative debts shall be computed annually. Agencies should use this alternative only when there is a legitimate reason to do so, such as when calculating interest and penalties on a debt would be extremely difficult because of the age of the debt. ( f ) When a debt is paid in partial or installment payments, amounts received by the agency shall be applied first to outstanding penalties and administrative cost charges, second to accrued interest, and third to the outstanding principal. ( g ) The Commission will waive the collection of interest and administrative charges imposed pursuant to this section on the portion of the debt that is paid within 30 days after the date on which interest began to accrue. The Commission will not extend this 30-day period except for good cause shown of extraordinary and compelling circumstances, completely documented and supported in writing, submitted and received before the expiration of the first 30-day period. The Commission may, on good cause shown of extraordinary and compelling circumstances, completely documented and supported in writing, waive interest, penalties, and administrative costs charged under this section, in whole or in part, without regard to the amount of the debt, either under the criteria set forth in these standards for the compromise of debts, or if the agency determines that collection of these charges is against equity and good conscience or is not in the best interest of the United States. ( h ) The Commission retains the common law right to impose interest and related charges on debts not subject to 31 U.S.C. 3717 . [ 69 FR 27848 , May 17, 2004, as amended at 83 FR 47097 , Sept. 18, 2018] § 1.1941 Exemptions. ( a ) The preceding sections of this part, to the extent they reflect remedies or procedures prescribed by the Debt Collection Act of 1982 and the Debt Collection Improvement Act of 1996, such as administrative offset, use of credit bureaus, contracting for collection agencies, and interest and related charges, do not apply to debts arising under, or payments made under, the Internal Revenue Code of 1986, as amended ( 26 U.S.C. 1 et seq. ); the Social Security Act ( 42 U.S.C. 301 et seq. ), except to the extent provided under 42 U.S.C. 404 and 31 U.S.C. 3716(c) ; or the tariff laws of the United States. These remedies and procedures, however, may be authorized with respect to debts that are exempt from the Debt Collection Act of 1982 and the Debt Collection Improvement Act of 1996, to the extent that they are authorized under some other statute or the common law. ( b ) This section should not be construed as prohibiting the use of these authorities or requirements when collecting debts owed by persons employed by agencies administering the laws cited in paragraph (a) of this section unless the debt arose under those laws. However, the Commission is authorized to assess interest and related charges on debts which are not subject to 31 U.S.C. 3717 to the extent authorized under the common law or other applicable statutory authority. § 1.1942 Other sanctions. The remedies and sanctions available to the Commission in this subpart are not exclusive. The Commission may impose other sanctions, where permitted by law, for any inexcusable, prolonged, or repeated failure of a debtor to pay such a claim. In such cases, the Commission will provide notice, as required by law, to the debtor prior to imposition of any such sanction. §§ 1.1943-1.1949 [Reserved] Cooperation With the Internal Revenue Service § 1.1950 Reporting discharged debts to the Internal Revenue Service. ( a ) In accordance with applicable provisions of the Internal Revenue Code and implementing regulations ( 26 U.S.C. 6050P ; 26 CFR 1.6050P-1 ), when the Commission discharges a debt for less than the full value of the indebtedness, it will report the outstanding balance discharged, not including interest, to the Internal Revenue Service, using IRS Form 1099-C or any other form prescribed by the Service, when: ( 1 ) The principle amount of the debt not in dispute is $600 or more; and ( 2 ) The obligation has not been discharged in a bankruptcy proceeding; and ( 3 ) The obligation is no longer collectible either because the time limit in the applicable statute for enforcing collection expired during the tax year, or because during the year a formal compromise agreement was reached in which the debtor was legally discharged of all or a portion of the obligation. ( b ) The Treasury will prepare the Form 1099-C for those debts transferred to Treasury for collection and deemed uncollectible. § 1.1951 Offset against tax refunds. The Commission will take action to effect administrative offset against tax refunds due to debtors under 26 U.S.C. 6402 , in accordance with the provisions of 31 U.S.C. 3720A and Treasury Department regulations. § 1.1952 Use and disclosure of mailing addresses. ( a ) When attempting to locate a debtor in order to collect or compromise a debt under this subpart or other authority, the Commission may send a request to the Secretary of the Treasury (or designee) to obtain a debtor's mailing address from the records of the Internal Revenue Service. ( b ) The Commission is authorized to use mailing addresses obtained under paragraph (a) of this section to enforce collection of a delinquent debt and may disclose such mailing addresses to other agencies and to collection agencies for collection purposes. General Provisions Concerning Interagency Requests § 1.1953 Interagency requests. ( a ) Requests to the Commission by other Federal agencies for administrative or salary offset shall be in writing and forwarded to the Financial Operations Center at the FCC's main office, located at the address indicated in 47 CFR 0.401(a) . ( b ) Requests by the Commission to other Federal agencies holding funds payable to the debtor will be in writing and forwarded, certified return receipt, as specified by that agency in its regulations. If the agency's rules governing this matter are not readily available or identifiable, the request will be submitted to that agency's office of legal counsel with a request that it be processed in accordance with their internal procedures. ( c ) Requests to and from the Commission shall be accompanied by a certification that the debtor owes the debt (including the amount) and that the procedures for administrative or salary offset contained in this subpart, or comparable procedures prescribed by the requesting agency, have been fully complied with. The Commission will cooperate with other agencies in effecting collection. ( d ) Requests to and from the Commission shall be processed within 30 calendar days of receipt. If such processing is impractical or not feasible, notice to extend the time period for another 30 calendar days will be forwarded 10 calendar days prior to the expiration of the first 30-day period. [ 69 FR 27848 , May 17, 2004, as amended at 85 FR 64405 , Oct. 13, 2020] Subpart P—Implementation of the Anti-Drug Abuse Act of 1988 Source: 57 FR 187 , Jan. 3, 1992, unless otherwise noted. § 1.2001 Purpose. To determine eligibility for professional and/or commercial licenses issued by the Commission with respect to any denials of Federal benefits imposed by Federal and/or state courts under authority granted in 21 U.S.C. 862 . [ 60 FR 39269 , Aug. 2, 1995] § 1.2002 Applicants required to submit information. ( a ) In order to be eligible for any new, modified, and/or renewed instrument of authorization from the Commission, including but not limited to, authorizations issued pursuant to sections 214, 301, 302, 303(1), 308, 310(d), 318, 319, 325(b), 351, 361(b), 362(b), 381, and 385 of the Communications Act of 1934, as amended, by whatever name that instrument may be designated, all applicants shall certify that neither the applicant nor any party to the application is subject to a denial of Federal benefits that includes FCC benefits pursuant to section 5301 of the Anti-Drug Abuse Act of 1988. 21 U.S.C. 862 . If a section 5301 certification has been incorporated into the FCC application form being filed, the applicant need not submit a separate certification. If a section 5301 certification has not been incorporated into the FCC application form being filed, the applicant shall be deemed to have certified by signing the application, unless an exhibit is included stating that the signature does not constitute such a certification and explaining why the applicant is unable to certify. If no FCC application form is involved, the applicant must attach a certification to its written application. If the applicant is unable to so certify, the applicant shall be ineligible for the authorization for which it applied, and will have 90 days from the filing of the application to comply with this rule. If a section 5301 certification has been incorporated into the FCC application form, failure to respond to the question concerning certification shall result in dismissal of the application pursuant to the relevant processing rules. ( b ) A party to the application, as used in paragraph (a) of this section shall include: ( 1 ) If the applicant is an individual, that individual; ( 2 ) If the applicant is a corporation or unincorporated association, all officers, directors, or persons holding 5% or more of the outstanding stock or shares (voting and/or non-voting) of the applicant; and ( 3 ) If the applicant is a partnership, all non-limited partners and any limited partners holding a 5% or more interest in the partnership. ( c ) The provisions of paragraphs (a) and (b) of this section are not applicable to the Amateur Radio Service, the Citizens Band Radio Service, the Radio Control Radio Service, to users in the Public Mobile Services and the Private Radio Services that are not individually licensed by the Commission, or to Federal, State or local governmental entities or subdivisions thereof. ( d ) The provisions of paragraphs (a) and (b) of this section are applicable to spectrum lessees ( see § 1.9003 of subpart X of this part ) engaged in spectrum manager leasing arrangements and de facto transfer leasing arrangements pursuant to the rules set forth in subpart X of this part . [ 57 FR 187 , Jan. 3, 1992, as amended at 58 FR 8701 , Feb. 17, 1993; 60 FR 39269 , Aug. 2, 1995; 68 FR 66277 , Nov. 25, 2003] Subpart Q—Competitive Bidding Proceedings Source: 59 FR 44293 , Aug. 26, 1994, unless otherwise noted. General Procedures § 1.2101 Purpose. The provisions of §§ 1.2101 through 1.2115 implement section 309(j) of the Communications Act of 1934, as added by the Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103-66) and subsequent amendments. [ 84 FR 1630 , Feb. 5, 2019] § 1.2102 Eligibility of applications for competitive bidding. ( a ) Mutually exclusive initial applications are subject to competitive bidding. ( b ) The following types of license applications are not subject to competitive bidding procedures: ( 1 ) Public safety radio services, including private internal radio services used by state and local governments and non-government entities and including emergency road services provided by not-for-profit organizations, that ( i ) Are used to protect the safety of life, health, or property; and ( ii ) Are not commercially available to the public; ( 2 ) Initial licenses or construction permits for digital television service given to existing terrestrial broadcast licensees to replace their analog television service licenses; or ( 3 ) Noncommercial educational and public broadcast stations described under 47 U.S.C. 397(6) . ( c ) [Reserved] Note to § 1.2102 : To determine the rules that apply to competitive bidding, specific service rules should also be consulted. [ 59 FR 44293 , Aug. 26, 1994, as amended at 60 FR 40718 , Aug. 9, 1995; 62 FR 23163 , Apr. 29, 1997; 63 FR 10780 , Mar. 5, 1998; 79 FR 48528 , Aug. 15, 2014] § 1.2103 Competitive bidding design options. ( a ) Public notice of competitive bidding design options. Prior to any competitive bidding for initial licenses, public notice shall be provided of the detailed procedures that may be used to implement auction design options. ( b ) Competitive bidding design options. The public notice detailing competitive bidding procedures may establish procedures for collecting bids, assigning winning bids, and determining payments, including without limitation: ( 1 ) Procedures for collecting bids. ( i ) Procedures for collecting bids in a single round or in multiple rounds. ( ii ) Procedures allowing for bids for specific items, bids for generic items in one or more categories of items, or bids for one or more aggregations of items. ( iii ) Procedures allowing for bids that specify a price, indicate demand at a specified price, or provide other information as specified by competitive bidding policies, rules, and procedures. ( iv ) Procedures allowing for bids that are contingent on specified conditions, such as other bids being accepted or for packages of licenses being awarded. ( v ) Procedures to collect bids in one or more stages, including procedures for transitions between stages. ( vi ) Procedures for whether, when, and how bids may be modified during the auction. ( 2 ) Procedures for assigning winning bids. ( i ) Procedures that take into account one or more factors in addition to the submitted bid amount, including but not limited to the amount of bids submitted in separate competitive bidding. ( ii ) Procedures to assign specific items to bidders following bidding for quantities of generic items. ( iii ) Procedures to incorporate public interest considerations into the process for assigning winning bids. ( 3 ) Procedures for determining payments. Procedures to determine the amount of any payments made to or by winning bidders consistent with other auction design choices. [ 79 FR 48528 , Aug. 15, 2014] § 1.2104 Competitive bidding mechanisms. ( a ) Sequencing. The Commission will establish the sequence in which multiple licenses will be auctioned. ( b ) Grouping. In the event the Commission uses either a simultaneous multiple round competitive bidding design or combinatorial bidding, the Commission will determine which licenses will be auctioned simultaneously or in combination. ( c ) Reserve Price. The Commission may establish a reserve price or prices, either disclosed or undisclosed, below which a license or licenses subject to auction will not be awarded. For any auction of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(2) ) requiring the recovery of estimated relocation costs, the Commission will establish a reserve price or prices pursuant to which the total cash proceeds from any auction of eligible frequencies shall equal at least 110 percent of the total estimated relocation costs provided to the Commission by the National Telecommunications and Information Administration pursuant to section 113(g)(4) of such Act ( 47 U.S.C. 923(g)(4) ). ( d ) Minimum Bid Increments, Minimum Opening Bids and Maximum Bid Increments. The Commission may, by announcement before or during an auction, require minimum bid increments in dollar or percentage terms. The Commission also may establish minimum opening bids and maximum bid increments on a service-specific basis. ( e ) Stopping procedures. Before or during an auction, procedures may be established regarding when bidding will stop for a round, a stage, or an entire auction, in order to terminate the auction within a reasonable time and in accordance with public interest considerations and the goals, statutory requirements, rules, and procedures for the auction, including any reserve price or prices. ( f ) Activity Rules. The Commission may establish activity rules which require a minimum amount of bidding activity. ( g ) Withdrawal, Default and Disqualification Payment. As specified below, when the Commission conducts an auction pursuant to § 1.2103 , the Commission will impose payments on bidders who withdraw high bids during the course of an auction, or who default on payments due after an auction closes or who are disqualified. ( 1 ) Bid withdrawal prior to close of auction. A bidder that withdraws a bid during the course of an auction is subject to a withdrawal payment equal to the difference between the amount of the withdrawn bid and the amount of the winning bid in the same or subsequent auction(s). In the event that a bidding credit applies to any of the bids, the bid withdrawal payment is either the difference between the net withdrawn bid and the subsequent net winning bid, or the difference between the gross withdrawn bid and the subsequent gross winning bid, whichever is less. No withdrawal payment will be assessed for a withdrawn bid if either the subsequent winning bid or any of the intervening subsequent withdrawn bids equals or exceeds that withdrawn bid. The withdrawal payment amount is deducted from any upfront payments or down payments that the withdrawing bidder has deposited with the Commission. In the case of multiple bid withdrawals on a single license, the payment for each bid withdrawal will be calculated based on the sequence of bid withdrawals and the amounts withdrawn in the same or subsequent auction(s). In the event that a license for which there have been withdrawn bids subject to withdrawal payments is not won in the same auction, those bidders for which a final withdrawal payment cannot be calculated will be assessed an interim bid withdrawal payment of between 3 and 20 percent of their withdrawn bids, according to a percentage (or percentages) established by the Commission in advance of the auction. The interim bid withdrawal payment will be applied toward any final bid withdrawal payment that will be assessed at the close of a subsequent auction of the corresponding license. Example 1 to paragraph (g)(1). Bidder A withdraws a bid of $100. Subsequently, Bidder B places a bid of $90 and withdraws. In that same auction, Bidder C wins the license at a bid of $95. Withdrawal payments are assessed as follows: Bidder A owes $5 ($100-$95). Bidder B owes nothing. Example 2 to paragraph (g)(1). Bidder A withdraws a bid of $100. Subsequently, Bidder B places a bid of $95 and withdraws. In that same auction, Bidder C wins the license at a bid of $90. Withdrawal payments are assessed as follows: Bidder A owes $5 ($100-$95). Bidder B owes $5 ($95-$90). Example 3 to paragraph (g)(1). Bidder A withdraws a bid of $100. Subsequently, in that same auction, Bidder B places a bid of $90 and withdraws. In a subsequent auction, Bidder C places a bid of $95 and withdraws. Bidder D wins the license in that auction at a bid of $80. Assuming that the Commission established an interim bid withdrawal payment of 3 percent in advance of the first auction, withdrawal payments are assessed as follows: At the end of the first auction, Bidder A and Bidder B are each assessed an interim withdrawal payment equal to 3 percent of their withdrawn bids pending Commission assessment of a final withdrawal payment (Bidder A would owe 3% of $100, or $3, and Bidder B would owe 3% of $90, or $2.70). At the end of the second auction, Bidder A would owe $5 ($100-$95) less the $3 interim withdrawal payment for a total of $2. Because Bidder C placed a subsequent bid that was higher than Bidder B's $90 bid, Bidder B would owe nothing. Bidder C would owe $15 ($95-$80). ( 2 ) Default or disqualification after close of auction. A bidder assumes a binding obligation to pay its full bid amount upon acceptance of the winning bid at the close of an auction. If a bidder defaults or is disqualified after the close of such an auction, the defaulting bidder will be subject to a default payment consisting of a deficiency payment, described in § 1.2104(g)(2)(i) , and an additional payment, described in § 1.2104(g)(2)(ii) and (g)(2)(iii) . The default payment will be deducted from any upfront payments or down payments that the defaulting bidder has deposited with the Commission. ( i ) Deficiency payment. The deficiency payment will equal the difference between the amount of the defaulted bid and the amount of the winning bid in a subsequent auction, so long as there have been no intervening withdrawn bids that equal or exceed the defaulted bid or the subsequent winning bid. If the subsequent winning bid or any intervening subsequent withdrawn bid equals or exceeds the defaulted bid, no deficiency payment will be assessed. If there have been intervening subsequent withdrawn bids that are lower than the defaulted bid and higher than the subsequent winning bid, but no intervening withdrawn bids that equal or exceed the defaulted bid, the deficiency payment will equal the difference between the amount of the defaulted bid and the amount of the highest intervening subsequent withdrawn bid. In the event that a bidding credit applies to any of the applicable bids, the deficiency payment will be based solely on net bids or solely on gross bids, whichever results in a lower payment. ( ii ) Additional payment—applicable percentage. When the default or disqualification follows an auction without combinatorial bidding, the additional payment will equal between 3 and 20 percent of the applicable bid, according to a percentage (or percentages) established by the Commission in advance of the auction. When the default or disqualification follows an auction with combinatorial bidding, the additional payment will equal 25 percent of the applicable bid. ( iii ) Additional payment—applicable bid. When no deficiency payment is assessed, the applicable bid will be the net amount of the defaulted bid. When a deficiency payment is assessed, the applicable bid will be the subsequent winning bid, using the same basis—i.e., net or gross—as was used in calculating the deficiency payment. ( h ) The Commission will generally release information concerning the identities of bidders before each auction but may choose, on an auction-by-auction basis, to withhold the identity of the bidders associated with bidder identification numbers. ( i ) The Commission may delay, suspend, or cancel an auction in the event of a natural disaster, technical obstacle, evidence of security breach, unlawful bidding activity, administrative necessity, or for any other reason that affects the fair and efficient conduct of the competitive bidding. The Commission also has the authority, at its sole discretion, to resume the competitive bidding starting from the beginning of the current or some previous round or cancel the competitive bidding in its entirety. ( j ) Bid apportionment — ( 1 ) Apportioned license bid. The Commission may specify a method for apportioning a bid among portions of the license ( i.e. , portions of the license's service area or bandwidth, or both) when necessary to compare a bid on the original license or portions thereof with a bid on a corresponding reconfigured license for purposes of the Commission's rules or procedures, such as to calculate a bid withdrawal or default payment obligation in connection with the bid. ( 2 ) Apportioned package bid. The apportioned package bid on a license is an estimate of the price of an individual license included in a package of licenses in an auction with combinatorial (package) bidding. Apportioned package bids shall be determined by the Commission according to a methodology it establishes in advance of each auction with combinatorial bidding. The apportioned package bid on a license included in a package shall be used in place of the amount of an individual bid on that license when the bid amount is needed to determine the size of a designated entity bidding credit (see § 1.2110(f)(1) , (f)(2) , and (f)(4) ), a new entrant bidding credit (see § 73.5007 of this chapter ), a bid withdrawal or default payment obligation (see § 1.2104(g) ), a tribal land bidding credit limit (see § 1.2110(f)(3) ), or a size-based bidding credit unjust enrichment payment obligation (see § 1.2111(b) , (c)(2) and (c)(3) ), or for any other determination required by the Commission's rules or procedures. [ 59 FR 44293 , Aug. 26, 1994, as amended at 63 FR 2341 , Jan. 15, 1998; 65 FR 52344 , Aug. 29, 2000; 68 FR 42995 , July 21, 2003; 71 FR 6226 , Feb. 7, 2006; 79 FR 48529 , Aug. 15, 2014; 80 FR 56809 , Sept. 18, 2015] § 1.2105 Bidding application and certification procedures; prohibition of certain communications. ( a ) Submission of Short-Form Application (FCC Form 175). In order to be eligible to bid, an applicant must timely submit a short-form application (FCC Form 175), together with any appropriate upfront payment set forth by Public Notice. All short-form applications must be filed electronically. ( 1 ) All short-form applications will be due: ( i ) On the date(s) specified by public notice; or ( ii ) In the case of application filing dates which occur automatically by operation of law, on a date specified by public notice after the Commission has reviewed the applications that have been filed on those dates and determined that mutual exclusivity exists. ( 2 ) The short-form application must contain the following information, and all information, statements, certifications and declarations submitted in the application shall be made under penalty of perjury: ( i ) Identification of each license, or category of licenses, on which the applicant wishes to bid. ( ii ) ( A ) The applicant's name, if the applicant is an individual. If the applicant is a corporation, then the short-form application will require the name and address of the corporate office and the name and title of an officer or director. If the applicant is a partnership, then the application will require the name, citizenship and address of all general partners, and, if a partner is not a natural person, then the name and title of a responsible person should be included as well. If the applicant is a trust, then the name and address of the trustee will be required. If the applicant is none of the above, then it must identify and describe itself and its principals or other responsible persons; and ( B ) Applicant ownership and other information, as set forth in § 1.2112 . ( iii ) The identity of the person(s) authorized to make or withdraw a bid. No person may serve as an authorized bidder for more than one auction applicant; ( iv ) If the applicant applies as a designated entity, a certification that the applicant is qualified as a designated entity under § 1.2110 . ( v ) Certification that the applicant is legally, technically, financially and otherwise qualified pursuant to section 308(b) of the Communications Act of 1934, as amended; ( vi ) Certification that the applicant is in compliance with the foreign ownership provisions of section 310 of the Communications Act of 1934, as amended. The Commission will accept applications certifying that a request for waiver or other relief from the requirements of section 310 is pending; ( vii ) Certification that the applicant is and will, during the pendency of its application(s), remain in compliance with any service-specific qualifications applicable to the licenses on which the applicant intends to bid including, but not limited to, financial qualifications. The Commission may require certification in certain services that the applicant will, following grant of a license, come into compliance with certain service-specific rules, including, but not limited to, ownership eligibility limitations; ( viii ) Certification that the applicant has provided in its application a brief description of, and identified each party to, any partnerships, joint ventures, consortia or other agreements, arrangements or understandings of any kind relating to the licenses being auctioned, including any agreements that address or communicate directly or indirectly bids (including specific prices), bidding strategies (including the specific licenses on which to bid or not to bid), or the post-auction market structure, to which the applicant, or any party that controls as defined in paragraph (a)(4) of this section or is controlled by the applicant, is a party. ( ix ) Certification that the applicant (or any party that controls as defined in paragraph (a)(4) of this section or is controlled by the applicant) has not entered and will not enter into any partnerships, joint ventures, consortia or other agreements, arrangements, or understandings of any kind relating to the licenses being auctioned that address or communicate, directly or indirectly, bidding at auction (including specific prices to be bid) or bidding strategies (including the specific licenses on which to bid or not to bid), or post-auction market structure with: any other applicant (or any party that controls or is controlled by another applicant); with a nationwide provider that is not an applicant (or any party that controls or is controlled by such a nationwide provider); or, if the applicant is a nationwide provider, with any non-nationwide provider that is not an applicant (or with any party that controls or is controlled by such a non-nationwide provider), other than: ( A ) Agreements, arrangements, or understandings of any kind that are solely operational as defined under paragraph (a)(4) of this section; ( B ) Agreements, arrangements, or understandings of any kind to form consortia or joint ventures as defined under paragraph (a)(4) of this section; ( C ) Agreements, arrangements or understandings of any kind with respect to the transfer or assignment of licenses, provided that such agreements, arrangements or understandings do not both relate to the licenses at auction and address or communicate, directly or indirectly, bidding at auction (including specific prices to be bid), or bidding strategies (including the specific licenses on which to bid or not to bid), or post-auction market structure. ( x ) Certification that if applicant has an interest disclosed pursuant to § 1.2112(a)(1) through (6) with respect to more than one short-form application for an auction, it will implement internal controls that preclude any individual acting on behalf of the applicant as defined in paragraph (c)(5) of this section from possessing information about the bids or bidding strategies (including post-auction market structure), of more than one party submitting a short-form application or communicating such information with respect to a party submitting a short-form application to anyone possessing such information regarding another party submitting a short-form application. ( xi ) Certification that the applicant is not in default on any Commission licenses and that it is not delinquent on any non-tax debt owed to any Federal agency. ( xii ) A certification indicating whether the applicant has ever been in default on any Commission license or has ever been delinquent on any non-tax debt owed to any Federal agency. For purposes of this certification, an applicant may exclude from consideration as a former default any default on a Commission license or delinquency on a non-tax debt to any Federal agency that has been resolved and meets any of the following criteria: ( A ) The notice of the final payment deadline or delinquency was received more than seven years before the short-form application deadline; ( B ) The default or delinquency amounted to less than $100,000; ( C ) The default or delinquency was paid within two quarters ( i.e., 6 months) after receiving the notice of the final payment deadline or delinquency; or ( D ) The default or delinquency was the subject of a legal or arbitration proceeding that was cured upon resolution of the proceeding. ( xiii ) For auctions required to be conducted under Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 ) or in which any spectrum usage rights for which licenses are being assigned were made available under 47 U.S.C. 309(j)(8)(G)(i) , certification under penalty of perjury that the applicant and all of the person(s) disclosed under paragraph (a)(2)(ii) of this section are not person(s) who have been, for reasons of national security, barred by any agency of the Federal Government from bidding on a contract, participating in an auction, or receiving a grant. For the purposes of this certification, the term “person” means an individual, partnership, association, joint-stock company, trust, or corporation, and the term “reasons of national security” means matters relating to the national defense and foreign relations of the United States. ( 3 ) Limit on filing applications. In any auction, no individual or entity may file more than one short-form application or have a controlling interest in more than one short-form application. In the case of a consortium, each member of the consortium shall be considered to have a controlling interest in the consortium. In the event that applications for an auction are filed by applicants with overlapping controlling interests, pursuant to paragraph (b)(1)(ii) of this section, both applications will be deemed incomplete and only one such applicant may be deemed qualified to bid. This limit shall not apply to any qualifying rural wireless partnership and individual members of such partnerships. A qualifying rural wireless partnership for purposes of this exception is one that was established as a result of the cellular B block settlement process established by the Commission in CC Docket No. 85-388 in which no nationwide provider is a managing partner or a managing member of the management committee, and partnership interests have not materially changed as of the effective date of the Report and Order in WT Docket No. 14-170, FCC 15-80. A partnership member for purposes of this exception is a partner or successor-in-interest to a partner in a qualifying partnership that does not have day-to-day management responsibilities in the partnership and holds 25% or less ownership interest, and provides a certification in its short-form application that it will implement internal controls to insulate itself from the bidding process of the cellular partnership and any other members of the partnership, except that it may, prior to the deadline for resubmission of short-form applications, express to the partnership the maximum it is willing to spend as a partner. ( 4 ) Definitions. For purposes of the certifications required under paragraph (a)(2) of this section: ( i ) The term controlling interest includes individuals or entities with positive or negative de jure or de facto control of the applicant. De jure control includes holding 50 percent or more of the voting stock of a corporation or holding a general partnership interest in a partnership. Ownership interests that are held indirectly by any party through one or more intervening corporations may be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that if the ownership percentage for an interest in any link in the chain meets or exceeds 50 percent or represents actual control, it may be treated as if it were a 100 percent interest. De facto control is determined on a case-by-case basis. Examples of de facto control include constituting or appointing 50 percent or more of the board of directors or management committee; having authority to appoint, promote, demote, and fire senior executives that control the day-to-day activities of the licensee; or playing an integral role in management decisions. In the case of a consortium, each member of the consortium shall be considered to have a controlling interest in the consortium. ( ii ) The term consortium means an entity formed to apply as a single applicant to bid at auction pursuant to an agreement by two or more separate and distinct legal entities that individually are eligible to claim the same designated entity benefits under § 1.2110 , provided that no member of the consortium may be a nationwide provider; ( iii ) The term joint venture means a legally cognizable entity formed to apply as a single applicant to bid at auction pursuant to an agreement by two or more separate and distinct legal entities, provided that no member of the joint venture may be a nationwide provider; ( iv ) The term solely operational agreement means any agreement, arrangement, or understanding of any kind that addresses operational aspects of providing a mobile service, including but not limited to agreements for roaming, device acquisition, and spectrum leasing and other spectrum use arrangements, so long as the agreement does not both relate to the licenses at auction and address or communicate, directly or indirectly, bidding at auction (including specific prices to be bid) or bidding strategies (including the specific licenses on which to bid or not to bid), or post-auction market structure. Note to paragraph ( a ): The Commission may also request applicants to submit additional information for informational purposes to aid in its preparation of required reports to Congress. ( b ) Modification and Dismissal of Short-Form Application (FCC Form 175). ( 1 ) ( i ) Any short-form application (FCC Form 175) that does not contain all of the certifications required pursuant to this section is unacceptable for filing and cannot be corrected subsequent to the applicable filing deadline. The application will be deemed incomplete, the applicant will not be found qualified to bid, and the upfront payment, if paid, will be returned. ( ii ) If: ( A ) An individual or entity submits multiple applications in a single auction; or ( B ) Entities commonly controlled by the same individual or same set of individuals submit applications for any set of licenses in the same or overlapping geographic areas in a single auction; then only one of such applications may be deemed complete, and the other such application(s) will be deemed incomplete, such applicants will not be found qualified to bid, and the associated upfront payment(s), if paid, will be returned. ( 2 ) The Commission will provide bidders a limited opportunity to cure defects specified herein (except for failure to sign the application and to make certifications) and to resubmit a corrected application. During the resubmission period for curing defects, a short-form application may be amended or modified to cure defects identified by the Commission or to make minor amendments or modifications. After the resubmission period has ended, a short-form application may be amended or modified to make minor changes or correct minor errors in the application. Major amendments cannot be made to a short-form application after the initial filing deadline. Major amendments include changes in ownership of the applicant that would constitute an assignment or transfer of control, changes in an applicant's size which would affect eligibility for designated entity provisions, and changes in the license service areas identified on the short-form application on which the applicant intends to bid. Minor amendments include, but are not limited to, the correction of typographical errors and other minor defects not identified as major. An application will be considered to be newly filed if it is amended by a major amendment and may not be resubmitted after applicable filing deadlines. ( 3 ) Applicants who fail to correct defects in their applications in a timely manner as specified by public notice will have their applications dismissed with no opportunity for resubmission. ( 4 ) Applicants shall have a continuing obligation to make any amendments or modifications that are necessary to maintain the accuracy and completeness of information furnished in pending applications. Such amendments or modifications shall be made as promptly as possible, and in no case more than five business days after applicants become aware of the need to make any amendment or modification, or five business days after the reportable event occurs, whichever is later. An applicant's obligation to make such amendments or modifications to a pending application continues until they are made. ( c ) Prohibition of certain communications. ( 1 ) After the short-form application filing deadline, all applicants are prohibited from cooperating or collaborating with respect to, communicating with or disclosing, to each other or any nationwide provider that is not an applicant, or, if the applicant is a nationwide provider, any non-nationwide provider that is not an applicant, in any manner the substance of their own, or each other's, or any other applicants' bids or bidding strategies (including post-auction market structure), or discussing or negotiating settlement agreements, until after the down payment deadline, unless such communications are within the scope of an agreement described in paragraphs (a)(2)(ix)(A) through (C) of this section that is disclosed pursuant to paragraph (a)(2)(viii) of this section. ( 2 ) Any party submitting a short-form application that has an interest disclosed pursuant to § 1.2112(a)(1) through (6) with respect to more than one short-form application for an auction must implement internal controls that preclude any individual acting on behalf of the applicant as defined for purposes of this paragraph from possessing information about the bids or bidding strategies of more than one party submitting a short-form or communicating such information with respect to a party submitting a short-form application to anyone possessing such information regarding another party submitting a short-form application. Implementation of such internal controls will not outweigh specific evidence that a prohibited communication has occurred, nor will it preclude the initiation of an investigation when warranted. ( 3 ) An applicant must modify its short-form application to reflect any changes in ownership or in membership of a consortium or a joint venture or agreements or understandings related to the licenses being auctioned. ( 4 ) A party that makes or receives a communication prohibited under paragraphs (c)(1) or (6) of this section shall report such communication in writing immediately, and in any case no later than five business days after the communication occurs. A party's obligation to make such a report continues until the report has been made. Such reports shall be filed as directed in public notices detailing procedures for the bidding that was the subject of the reported communication. If no public notice provides direction, the party making the report shall do so in writing to the Chief of the Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, by the most expeditious means available, including electronic transmission such as email. ( 5 ) For purposes of this paragraph: ( i ) The term applicant shall include all controlling interests in the entity submitting a short-form application to participate in an auction (FCC Form 175), as well as all holders of partnership and other ownership interests and any stock interest amounting to 10 percent or more of the entity, or outstanding stock, or outstanding voting stock of the entity submitting a short-form application, and all officers and directors of that entity. In the case of a consortium, each member of the consortium shall be considered to have a controlling interest in the consortium; and ( ii ) The term bids or bidding strategies shall include capital calls or requests for additional funds in support of bids or bidding strategies. Example: Company A is an applicant in area 1. Company B and Company C each own 10 percent of Company A. Company D is an applicant in area 1, area 2, and area 3. Company C is an applicant in area 3. Without violating the Commission's Rules, Company B can enter into a consortium arrangement with Company D or acquire an ownership interest in Company D if Company B certifies either: ( 1 ) That it has communicated with and will communicate neither with Company A or anyone else concerning Company A's bids or bidding strategy, nor with Company C or anyone else concerning Company C's bids or bidding strategy, or ( 2 ) that it has not communicated with and will not communicate with Company D or anyone else concerning Company D's bids or bidding strategy. ( 6 ) Prohibition of certain communications for the broadcast television spectrum incentive auction conducted under section 6403 of the Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 ). ( i ) For the purposes of the prohibition described in paragraphs (c)(6)(ii) and (iii) of this section, the term forward auction applicant is defined the same as the term applicant is defined in paragraph (c)(5) of this section, and the terms full power broadcast television licensee and Class A broadcast television licensee are defined the same as those terms are defined in § 1.2205(a)(1) . ( ii ) Except as provided in paragraph (c)(6)(iii) of this section, in the broadcast television spectrum incentive auction conducted under section 6403 of the Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 ), beginning on the short-form application filing deadline for the forward auction and until the results of the incentive auction are announced by public notice, all forward auction applicants are prohibited from communicating directly or indirectly any incentive auction applicant's bids or bidding strategies to any full power or Class A broadcast television licensee. ( iii ) The prohibition described in paragraph (c)(6)(ii) of this section does not apply to communications between a forward auction applicant and a full power or Class A broadcast television licensee if a controlling interest, director, officer, or holder of any 10 percent or greater ownership interest in the forward auction applicant, as of the deadline for submitting short-form applications to participate in the forward auction, is also a controlling interest, director, officer, or governing board member of the full power or Class A broadcast television licensee, as of the deadline for submitting applications to participate in the reverse auction. Note 1 to paragraph ( c ): For the purposes of paragraph (c), “controlling interests” include individuals or entities with positive or negative de jure or de facto control of the licensee. De jure control includes holding 50 percent or more of the voting stock of a corporation or holding a general partnership interest in a partnership. Ownership interests that are held indirectly by any party through one or more intervening corporations may be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that if the ownership percentage for an interest in any link in the chain meets or exceeds 50 percent or represents actual control, it may be treated as if it were a 100 percent interest. De facto control is determined on a case-by-case basis. Examples of de facto control include constituting or appointing 50 percent or more of the board of directors or management committee; having authority to appoint, promote, demote, and fire senior executives that control the day-to-day activities of the licensee; or playing an integral role in management decisions. Note 2 to paragraph ( c ): The prohibition described in paragraph (c)(6)(ii) of this section applies to controlling interests, directors, officers, and holders of any 10 percent or greater ownership interest in the forward auction applicant as of the deadline for submitting short-form applications to participate in the forward auction, and any additional such parties at any subsequent point prior to the announcement by public notice of the results of the incentive auction. Thus, if, for example, a forward auction applicant appoints a new officer after the short-form application deadline, that new officer would be subject to the prohibition in paragraph (c)(6)(ii) of this section, but would not be included within the exception described in paragraph (c)(6)(iii) of this section. [ 80 FR 56809 , Sept. 18, 2015] § 1.2106 Submission of upfront payments. ( a ) The Commission may require applicants for licenses subject to competitive bidding to submit an upfront payment. In that event, the amount of the upfront payment and the procedures for submitting it will be set forth in a Public Notice. Any auction applicant that, pursuant to § 1.2105(a)(2)(xii) , certifies that it is a former defaulter must submit an upfront payment equal to 50 percent more than the amount that otherwise would be required. No interest will be paid on upfront payments. ( b ) Upfront payments must be made by wire transfer in U.S. dollars from a financial institution whose deposits are insured by the Federal Deposit Insurance Corporation and must be made payable to the Federal Communications Commission. ( c ) If an upfront payment is not in compliance with the Commission's Rules, or if insufficient funds are tendered to constitute a valid upfront payment, the applicant shall have a limited opportunity to correct its submission to bring it up to the minimum valid upfront payment prior to the auction. If the applicant does not submit at least the minimum upfront payment, it will be ineligible to bid, its application will be dismissed and any upfront payment it has made will be returned. ( d ) The upfront payment(s) of a bidder will be credited toward any down payment required for licenses on which the bidder is the high bidder. Where the upfront payment amount exceeds the required deposit of a winning bidder, the Commission may refund the excess amount after determining that no bid withdrawal penalties are owed by that bidder. ( e ) In accordance with the provisions of paragraph (d), in the event a penalty is assessed pursuant to § 1.2104 for bid withdrawal or default, upfront payments or down payments on deposit with the Commission will be used to satisfy the bid withdrawal or default penalty before being applied toward any additional payment obligations that the high bidder may have. [ 59 FR 44293 , Aug. 26, 1994, as amended at 62 FR 13543 , Mar. 21, 1997; 65 FR 52345 , Aug. 29, 2000; 79 FR 48530 , Aug. 15, 2014; 80 FR 56813 , Sept. 18, 2015] § 1.2107 Submission of down payment and filing of long-form applications. ( a ) After bidding has ended, the Commission will identify and notify the high bidder and declare the bidding closed. ( b ) Unless otherwise specified by public notice, within ten (10) business days after being notified that it is a high bidder on a particular license(s), a high bidder must electronically submit to the Commission such additional funds (the “down payment”) as are necessary to bring its total deposits (not including upfront payments applied to satisfy bid withdrawal or default payments) up to twenty (20) percent of its high bid(s). (In single round sealed bid auctions conducted under § 1.2103 , however, bidders may be required to submit their down payments with their bids.) Unless otherwise specified by public notice, this down payment must be made by wire transfer in U.S. dollars from a financial institution whose deposits are insured by the Federal Deposit Insurance Corporation and must be made payable to the Federal Communications Commission. Down payments will be held by the Commission until the high bidder has been awarded the license and has paid the remaining balance due on the license or authorization, in which case it will not be returned, or until the winning bidder is found unqualified to be a licensee or has defaulted, in which case it will be returned, less applicable payments. No interest on any down payment will be paid to the bidders. ( c ) A high bidder that meets its down payment obligations in a timely manner must, within ten (10) business days after being notified that it is a high bidder, submit an additional application (the “long-form application”) pursuant to the rules governing the service in which the applicant is the high bidder. Except as otherwise provided in § 1.1104 , high bidders need not submit an additional application filing fee with their long-form applications. Specific procedures for filing applications will be set out by Public Notice. Ownership disclosure requirements are set forth in § 1.2112 . Beginning January 1, 1999, all long-form applications must be filed electronically. An applicant that fails to submit the required long-form application under this paragraph and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and will be subject to the payments set forth in § 1.2104 . ( d ) As an exhibit to its long-form application, the applicant must provide a detailed explanation of the terms and conditions and parties involved in any bidding consortia, joint venture, partnership or other agreement or arrangement it had entered into relating to the competitive bidding process prior to the time bidding was completed. Such agreements must have been entered into prior to the filing of short-form applications pursuant to § 1.2105 . ( e ) A winning bidder that seeks a bidding credit to serve a qualifying tribal land, as defined in § 1.2110(f)(3)(i) , within a particular market must indicate on the long-form application (FCC Form 601) that it intends to serve a qualifying tribal land within that market. ( f ) An applicant must also submit FCC Form 602 ( see § 1.919 of this chapter ) with its long form application (FCC Form 601). ( g ) ( 1 ) ( i ) A consortium participating in competitive bidding pursuant to § 1.2110(b)(4)(i) that is a winning bidder may not apply as a consortium for licenses covered by the winning bids. Individual members of the consortium or new legal entities comprising individual consortium members may apply for the licenses covered by the winning bids of the consortium. An individual member of the consortium or a new legal entity comprising two or more individual consortium members applying for a license pursuant to this provision shall be the applicant for purposes of all related requirements and filings, such as filing FCC Form 602. However, the members filing separate long-form applications shall all use the consortium's FCC Registration Number (“FRN”) on their long-form applications. An application by an individual consortium member or a new legal entity comprising two or more individual consortium members for a license covered by the winning bids of the consortium shall not constitute a major modification of the application or a change in control of the applicant for purposes of Commission rules governing the application. ( ii ) Within ten business days after release of the public notice announcing grant of a long-form application, that licensee must update its filings in the Commission's Universal Licensing System (“ULS”) to substitute its individual FRN for that of the consortium. ( 2 ) The continuing eligibility for size-based benefits, such as size-based bidding credits or set-aside licenses, of a newly formed legal entity comprising two or more individual consortium members will be based on the size of such newly formed entity as of the filing of its long-form application. ( 3 ) Members of a consortium intending to partition or disaggregate license(s) among individual members or new legal entities comprising two or more individual consortium members must select one member or one new legal entity comprising two or more individual consortium members to apply for the license(s). The applicant must include in its applications, as part of the explanation of terms and conditions provided pursuant to § 1.2107(d) , the agreement of the applicable parties to partition or disaggregate the relevant license(s). Upon grant of the long-form application for that license, the licensee must then apply to partition or disaggregate the license pursuant to those terms and conditions. [ 59 FR 44293 , Aug. 26, 1994, as amended at 61 FR 49075 , Sept. 18, 1996; 62 FR 13543 , Mar. 21, 1997; 63 FR 2342 , Jan. 15, 1998; 63 FR 12659 , Mar. 16, 1998; 63 FR 68942 , Dec. 14, 1998; 65 FR 47354 , Aug. 2, 2000; 67 FR 45365 , July 9, 2002; 71 FR 6227 , Feb. 7, 2006; 76 FR 37661 , June 28, 2011; 80 FR 56813 , Sept. 18, 2015; 88 FR 44736 , July 13, 2023] § 1.2108 Procedures for filing petitions to deny against long-form applications. ( a ) Where petitions to deny are otherwise provided for under the Act or the commission's Rules, and unless other service-specific procedures for the filing of such petitions are provided for elsewhere in the Commission's Rules, the procedures in this section shall apply to the filing of petitions to deny the long-form applications of winning bidders. ( b ) Within a period specified by Public Notice and after the Commission by Public Notice announces that long-form applications have been accepted for filing, petitions to deny such applications may be filed. The period for filing petitions to deny shall be no more than ten (10) days. The appropriate licensing Bureau, within its discretion, may, in exigent circumstances, reduce this period of time to no less than five (5) days. Any such petitions must contain allegations of fact supported by affidavit of a person or persons with personal knowledge thereof. ( c ) An applicant may file an opposition to any petition to deny, and the petitioner a reply to such opposition. Allegations of fact or denials thereof must be supported by affidavit of a person or persons with personal knowledge thereof. The time for filing such oppositions shall be at least five (5) days from the filing date for petitions to deny, and the time for filing replies shall be at least five (5) days from the filing date for oppositions. The Commission may grant a license based on any long-form application that has been accepted for filing. The Commission shall in no case grant licenses earlier than seven (7) days following issuance of a public notice announcing long-form applications have been accepted for filing. ( d ) If the Commission determines that: ( 1 ) An applicant is qualified and there is no substantial and material issue of fact concerning that determination, it will grant the application. ( 2 ) An applicant is not qualified and that there is no substantial issue of fact concerning that determination, the Commission need not hold an evidentiary hearing and will deny the application. ( 3 ) Substantial and material issues of fact require a hearing, it will conduct a hearing. The Commission may permit all or part of the evidence to be submitted in written form and may permit employees other than administrative law judges to preside at the taking of written evidence. Such hearing will be conducted on an expedited basis. [ 59 FR 44293 , Aug. 26, 1994, as amended at 63 FR 2343 , Jan. 15, 1998; 65 FR 52345 , Aug. 29, 2000] § 1.2109 License grant, denial, default, and disqualification. ( a ) Unless otherwise specified by public notice, auction winners are required to pay the balance of their winning bids in a lump sum within ten (10) business days following the release of a public notice establishing the payment deadline. If a winning bidder fails to pay the balance of its winning bids in a lump sum by the applicable deadline as specified by the Commission, it will be allowed to make payment within ten (10) business days after the payment deadline, provided that it also pays a late fee equal to five percent of the amount due. When a winning bidder fails to pay the balance of its winning bid by the late payment deadline, it is considered to be in default on its license(s) and subject to the applicable default payments. Licenses will be awarded upon the full and timely payment of winning bids and any applicable late fees. ( b ) If a winning bidder withdraws its bid after the Commission has declared competitive bidding closed or fails to remit the required down payment within ten (10) business days after the Commission has declared competitive bidding closed, the bidder will be deemed to have defaulted, its application will be dismissed, and it will be liable for the default payment specified in §§ 1.2104(g)(2) or 1.2104(g)(3) , whichever is applicable. In such event, the Commission, at its discretion, may either re-auction the license(s) to existing or new applicants or offer it to the other highest bidders (in descending order) at their final bids. If the license(s) is offered to the other highest bidders (in descending order), the down payment obligations set forth in § 1.2107(b) will apply. However, in combinatorial bidding auctions, the Commission will only re-auction the license(s) to existing or new applicants. The Commission will not offer the package or licenses to the next highest bidder. ( c ) A winning bidder who is found unqualified to be a licensee, fails to remit the balance of its winning bid in a timely manner, or defaults or is disqualified for any reason after having made the required down payment, will be deemed to have defaulted, its application will be dismissed, and it will be liable for the payment set forth in §§ 1.2104(g)(2) or 1.2104(g)(3) , whichever is applicable. In such event, the Commission may either re-auction the license(s) to existing or new applicants or offer it to the other highest bidders (in descending order) at their final bids. However, in combinatorial bidding auctions, the Commission will only re-auction the license(s) to existing or new applicants. The Commission will not offer the package or licenses to the next highest bidder. ( d ) Bidders who are found to have violated the antitrust laws or the Commission's rules in connection with their participation in the competitive bidding process may be subject, in addition to any other applicable sanctions, to forfeiture of their upfront payment, down payment or full bid amount, and may be prohibited from participating in future auctions. [ 59 FR 44293 , Aug. 26, 1994, as amended at 62 FR 13544 , Mar. 21, 1997; 63 FR 2343 , Jan. 15, 1998; 68 FR 42996 , July 21, 2003] § 1.2110 Designated entities. ( a ) Designated entities are small businesses (including businesses owned by members of minority groups and/or women), rural telephone companies, and eligible rural service providers. ( b ) Eligibility for small business and entrepreneur provisions — ( 1 ) Size attribution. ( i ) The gross revenues of the applicant (or licensee), its affiliates, its controlling interests, and the affiliates of its controlling interests shall be attributed to the applicant (or licensee) and considered on a cumulative basis and aggregated for purposes of determining whether the applicant (or licensee) is eligible for status as a small business, very small business, or entrepreneur, as those terms are defined in the service-specific rules. An applicant seeking status as a small business, very small business, or entrepreneur, as those terms are defined in the service-specific rules, must disclose on its short- and long-form applications, separately and in the aggregate, the gross revenues for each of the previous three years of the applicant (or licensee), its affiliates, its controlling interests, and the affiliates of its controlling interests. ( ii ) If applicable, pursuant to § 24.709 of this chapter , the total assets of the applicant (or licensee), its affiliates, its controlling interests, and the affiliates of its controlling interests shall be attributed to the applicant (or licensee) and considered on a cumulative basis and aggregated for purposes of determining whether the applicant (or licensee) is eligible for status as an entrepreneur. An applicant seeking status as an entrepreneur must disclose on its short- and long-form applications, separately and in the aggregate, the gross revenues for each of the previous two years of the applicant (or licensee), its affiliates, its controlling interests, and the affiliates of its controlling interests. ( 2 ) Aggregation of affiliate interests. Persons or entities that hold interests in an applicant (or licensee) that are affiliates of each other or have an identity of interests identified in § 1.2110(c)(5)(iii) will be treated as though they were one person or entity and their ownership interests aggregated for purposes of determining an applicant's (or licensee's) compliance with the requirements of this section. Example 1 to paragraph (b)(2): ABC Corp. is owned by individuals, A, B and C, each having an equal one-third voting interest in ABC Corp. A and B together, with two-thirds of the stock have the power to control ABC Corp. and have an identity of interest. If A&B invest in DE Corp., a broadband PCS applicant for block C, A and B's separate interests in DE Corp. must be aggregated because A and B are to be treated as one person or entity. Example 2 to paragraph (b)(2): ABC Corp. has subsidiary BC Corp., of which it holds a controlling 51 percent of the stock. If ABC Corp. and BC Corp., both invest in DE Corp., their separate interests in DE Corp. must be aggregated because ABC Corp. and BC Corp. are affiliates of each other. ( 3 ) Standard for evaluating eligibility for small business benefits. To be eligible for small business benefits: ( i ) An applicant must meet the applicable small business size standard in paragraphs (b)(1) and (2) of this section, and ( ii ) Must retain de jure and de facto control over the spectrum associated with the license(s) for which it seeks small business benefits. An applicant or licensee may lose eligibility for size-based benefits for one or more licenses without losing general eligibility for size-based benefits so long as it retains de jure and de facto control of its overall business. ( 4 ) Exceptions — ( i ) Consortium. Where an applicant to participate in bidding for Commission licenses or permits is a consortium of entities eligible for size-based bidding credits and/or closed bidding based on gross revenues and/or total assets, the gross revenues and/or total assets of each consortium member shall not be aggregated. Where an applicant to participate in bidding for Commission licenses or permits is a consortium of entities eligible for rural service provider bidding credits pursuant to paragraph (f)(4) of this section, the subscribers of each consortium member shall not be aggregated. Each consortium member must constitute a separate and distinct legal entity to qualify for this exception. Consortia that are winning bidders using this exception must comply with the requirements of § 1.2107(g) of this chapter as a condition of license grant. ( ii ) Applicants without identifiable controlling interests. Where an applicant (or licensee) cannot identify controlling interests under the standards set forth in this section, the gross revenues of all interest holders in the applicant, and their affiliates, will be attributable. ( iii ) Rural telephone cooperatives. ( A ) ( 1 ) An applicant will be exempt from § 1.2110(c)(2)(ii)(F) for the purpose of attribution in § 1.2110(b)(1) , if the applicant or a controlling interest in the applicant, as the case may be, meets all of the following conditions: ( i ) The applicant (or the controlling interest) is organized as a cooperative pursuant to state law; ( ii ) The applicant (or the controlling interest) is a “rural telephone company” as defined by the Communications Act; and ( iii ) The applicant (or the controlling interest) demonstrates either that it is eligible for tax-exempt status under the Internal Revenue Code or that it adheres to the cooperative principles articulated in Puget Sound Plywood, Inc. v. Commissioner of Internal Revenue, 44 T.C. 305 (1965). ( 2 ) If the condition in paragraph (b)(3)(iii)(A)( 1 )( i ) above cannot be met because the relevant jurisdiction has not enacted an organic statute that specifies requirements for organization as a cooperative, the applicant must show that it is validly organized and its articles of incorporation, by-laws, and/or other relevant organic documents provide that it operates pursuant to cooperative principles. ( B ) However, if the applicant is not an eligible rural telephone cooperative under paragraph (a) of this section, and the applicant has a controlling interest other than the applicant's officers and directors or an eligible rural telephone cooperative's officers and directors, paragraph (a) of this section applies with respect to the applicant's officers and directors and such controlling interest's officers and directors only when such controlling interest is either: ( 1 ) An eligible rural telephone cooperative under paragraph (a) of this section or ( 2 ) controlled by an eligible rural telephone cooperative under paragraph (a) of this section. ( c ) Definitions — ( 1 ) Small businesses. The Commission will establish the definition of a small business on a service-specific basis, taking into consideration the characteristics and capital requirements of the particular service. ( 2 ) Controlling interests. ( i ) For purposes of this section, controlling interest includes individuals or entities with either de jure or de facto control of the applicant. De jure control is evidenced by holdings of greater than 50 percent of the voting stock of a corporation, or in the case of a partnership, general partnership interests. De facto control is determined on a case-by-case basis. An entity must disclose its equity interest and demonstrate at least the following indicia of control to establish that it retains de facto control of the applicant: ( A ) The entity constitutes or appoints more than 50 percent of the board of directors or management committee; ( B ) The entity has authority to appoint, promote, demote, and fire senior executives that control the day-to-day activities of the licensee; and ( C ) The entity plays an integral role in management decisions. ( ii ) Calculation of certain interests. ( A ) Fully diluted requirement. ( 1 ) Except as set forth in paragraph (c)(2)(ii)(A)( 2 ) of this section, ownership interests shall be calculated on a fully diluted basis; all agreements such as warrants, stock options and convertible debentures will generally be treated as if the rights thereunder already have been fully exercised. ( 2 ) Rights of first refusal and put options shall not be calculated on a fully diluted basis for purposes of determining de jure control; however, rights of first refusal and put options shall be calculated on a fully diluted basis if such ownership interests, in combination with other terms to an agreement, deprive an otherwise qualified applicant or licensee of de facto control. Note to paragraph ( c )(2)( ii )(A): Mutually exclusive contingent ownership interests, i.e. , one or more ownership interests that, by their terms, are mutually exclusive of one or more other ownership interests, shall be calculated as having been fully exercised only in the possible combinations in which they can be exercised by their holder(s). A contingent ownership interest is mutually exclusive of another only if contractual language specifies that both interests cannot be held simultaneously as present ownership interests. ( B ) Partnership and other ownership interests and any stock interest equity, or outstanding stock, or outstanding voting stock shall be attributed as specified. ( C ) Stock interests held in trust shall be attributed to any person who holds or shares the power to vote such stock, to any person who has the sole power to sell such stock, and to any person who has the right to revoke the trust at will or to replace the trustee at will. If the trustee has a familial, personal, or extra-trust business relationship to the grantor or the beneficiary, the grantor or beneficiary, as appropriate, will be attributed with the stock interests held in trust. ( D ) Non-voting stock shall be attributed as an interest in the issuing entity. ( E ) Limited partnership interests shall be attributed to limited partners and shall be calculated according to both the percentage of equity paid in and the percentage of distribution of profits and losses. ( F ) Officers and directors of the applicant shall be considered to have a controlling interest in the applicant. The officers and directors of an entity that controls a licensee or applicant shall be considered to have a controlling interest in the licensee or applicant. The personal net worth, including personal income of the officers and directors of an applicant, is not attributed to the applicant. To the extent that the officers and directors of an applicant are affiliates of other entities, the gross revenues of the other entities are attributed to the applicant. ( G ) Ownership interests that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that if the ownership percentage for an interest in any link in the chain exceeds 50 percent or represents actual control, it shall be treated as if it were a 100 percent interest. ( H ) Any person who manages the operations of an applicant or licensee pursuant to a management agreement shall be considered to have a controlling interest in such applicant or licensee if such person, or its affiliate, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence: ( 1 ) The nature or types of services offered by such an applicant or licensee; ( 2 ) The terms upon which such services are offered; or ( 3 ) The prices charged for such services. ( I ) Any licensee or its affiliate who enters into a joint marketing arrangement with an applicant or licensee, or its affiliate, shall be considered to have a controlling interest, if such applicant or licensee, or its affiliate, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence: ( 1 ) The nature or types of services offered by such an applicant or licensee; ( 2 ) The terms upon which such services are offered; or ( 3 ) The prices charged for such services. ( J ) In addition to the provisions of paragraphs (b)(1)(i) and (f)(4)(i)(C) of this section, for purposes of determining an applicant's or licensee's eligibility for bidding credits for designated entity benefits, the gross revenues (or, in the case of a rural service provider under paragraph (f)(4) of this section, the subscribers) of any disclosable interest holder of an applicant or licensee are also attributable to the applicant or licensee, on a license-by-license basis, if the disclosable interest holder uses, or has an agreement to use, more than 25 percent of the spectrum capacity of a license awarded with bidding credits. For purposes of this provision, a disclosable interest holder in a designated entity applicant or licensee is defined as any individual or entity holding a ten percent or greater interest of any kind in the designated entity, including but not limited to, a ten percent or greater interest in any class of stock, warrants, options or debt securities in the applicant or licensee. This rule, however, shall not cause a disclosable interest holder, which is not otherwise a controlling interest, affiliate, or an affiliate of a controlling interest of a rural service provider to have the disclosable interest holder's subscribers become attributable to the rural service provider applicant or licensee when the disclosable interest holder has a spectrum use agreement to use more than 25 percent of the spectrum capacity of a license awarded with a rural service provider bidding credit, so long as ( 1 ) The disclosable interest holder is independently eligible for a rural service provider bidding credit, and; ( 2 ) The disclosable interest holder's spectrum use and any spectrum use agreements are otherwise permissible under the Commission's rules. ( 3 ) Businesses owned by members of minority groups and/or women. Unless otherwise provided in rules governing specific services, a business owned by members of minority groups and/or women is one in which minorities and/or women who are U.S. citizens control the applicant, have at least greater than 50 percent equity ownership and, in the case of a corporate applicant, have a greater than 50 percent voting interest. For applicants that are partnerships, every general partner must be either a minority and/or woman (or minorities and/or women) who are U.S. citizens and who individually or together own at least 50 percent of the partnership equity, or an entity that is 100 percent owned and controlled by minorities and/or women who are U.S. citizens. The interests of minorities and women are to be calculated on a fully diluted basis; agreements such as stock options and convertible debentures shall be considered to have a present effect on the power to control an entity and shall be treated as if the rights thereunder already have been fully exercised. However, upon a demonstration that options or conversion rights held by non-controlling principals will not deprive the minority and female principals of a substantial financial stake in the venture or impair their rights to control the designated entity, a designated entity may seek a waiver of the requirement that the equity of the minority and female principals must be calculated on a fully-diluted basis. The term minority includes individuals of Black or African American, Hispanic or Latino, American Indian or Alaskan Native, Asian, and Native Hawaiian or Pacific Islander extraction. ( 4 ) Rural telephone companies. A rural telephone company is any local exchange carrier operating entity to the extent that such entity— ( i ) Provides common carrier service to any local exchange carrier study area that does not include either: ( A ) Any incorporated place of 10,000 inhabitants or more, or any part thereof, based on the most recently available population statistics of the Bureau of the Census, or ( B ) Any territory, incorporated or unincorporated, included in an urbanized area, as defined by the Bureau of the Census as of August 10, 1993; ( ii ) Provides telephone exchange service, including exchange access, to fewer than 50,000 access lines; ( iii ) Provides telephone exchange service to any local exchange carrier study area with fewer than 100,000 access lines; or ( iv ) Has less than 15 percent of its access lines in communities of more than 50,000 on the date of enactment of the Telecommunications Act of 1996. ( 5 ) Affiliate. ( i ) An individual or entity is an affiliate of an applicant or of a person holding an attributable interest in an applicant if such individual or entity— ( A ) Directly or indirectly controls or has the power to control the applicant, or ( B ) Is directly or indirectly controlled by the applicant, or ( C ) Is directly or indirectly controlled by a third party or parties that also controls or has the power to control the applicant, or ( D ) Has an “identity of interest” with the applicant. ( ii ) Nature of control in determining affiliation. ( A ) Every business concern is considered to have one or more parties who directly or indirectly control or have the power to control it. Control may be affirmative or negative and it is immaterial whether it is exercised so long as the power to control exists. Example. An applicant owning 50 percent of the voting stock of another concern would have negative power to control such concern since such party can block any action of the other stockholders. Also, the bylaws of a corporation may permit a stockholder with less than 50 percent of the voting stock to block any actions taken by the other stockholders in the other entity. Affiliation exists when the applicant has the power to control a concern while at the same time another person, or persons, are in control of the concern at the will of the party or parties with the power to control. ( B ) Control can arise through stock ownership; occupancy of director, officer or key employee positions; contractual or other business relations; or combinations of these and other factors. A key employee is an employee who, because of his/her position in the concern, has a critical influence in or substantive control over the operations or management of the concern. ( C ) Control can arise through management positions where a concern's voting stock is so widely distributed that no effective control can be established. Example. In a corporation where the officers and directors own various size blocks of stock totaling 40 percent of the corporation's voting stock, but no officer or director has a block sufficient to give him or her control or the power to control and the remaining 60 percent is widely distributed with no individual stockholder having a stock interest greater than 10 percent, management has the power to control. If persons with such management control of the other entity are persons with attributable interests in the applicant, the other entity will be deemed an affiliate of the applicant. ( iii ) Identity of interest between and among persons. Affiliation can arise between or among two or more persons with an identity of interest, such as members of the same family or persons with common investments. In determining if the applicant controls or has the power to control a concern, persons with an identity of interest will be treated as though they were one person. Example. Two shareholders in Corporation Y each have attributable interests in the same PCS application. While neither shareholder has enough shares to individually control Corporation Y, together they have the power to control Corporation Y. The two shareholders with these common investments (or identity in interest) are treated as though they are one person and Corporation Y would be deemed an affiliate of the applicant. ( A ) Spousal affiliation. Both spouses are deemed to own or control or have the power to control interests owned or controlled by either of them, unless they are subject to a legal separation recognized by a court of competent jurisdiction in the United States. In calculating their net worth, investors who are legally separated must include their share of interests in property held jointly with a spouse. ( B ) Kinship affiliation. Immediate family members will be presumed to own or control or have the power to control interests owned or controlled by other immediate family members. In this context “immediate family member” means father, mother, husband, wife, son, daughter, brother, sister, father- or mother-in-law, son- or daughter-in-law, brother- or sister-in-law, step-father or -mother, step-brother or -sister, step-son or -daughter, half brother or sister. This presumption may be rebutted by showing that the family members are estranged, the family ties are remote, or the family members are not closely involved with each other in business matters. Example. A owns a controlling interest in Corporation X. A's sister-in-law, B, has an attributable interest in a PCS application. Because A and B have a presumptive kinship affiliation, A's interest in Corporation Y is attributable to B, and thus to the applicant, unless B rebuts the presumption with the necessary showing. ( iv ) Affiliation through stock ownership. ( A ) An applicant is presumed to control or have the power to control a concern if he or she owns or controls or has the power to control 50 percent or more of its voting stock. ( B ) An applicant is presumed to control or have the power to control a concern even though he or she owns, controls or has the power to control less than 50 percent of the concern's voting stock, if the block of stock he or she owns, controls or has the power to control is large as compared with any other outstanding block of stock. ( C ) If two or more persons each owns, controls or has the power to control less than 50 percent of the voting stock of a concern, such minority holdings are equal or approximately equal in size, and the aggregate of these minority holdings is large as compared with any other stock holding, the presumption arises that each one of these persons individually controls or has the power to control the concern; however, such presumption may be rebutted by a showing that such control or power to control, in fact, does not exist. ( v ) Affiliation arising under stock options, convertible debentures, and agreements to merge. Except as set forth in paragraph (c)(2)(ii)(A)( 2 ) of this section, stock options, convertible debentures, and agreements to merge (including agreements in principle) are generally considered to have a present effect on the power to control the concern. Therefore, in making a size determination, such options, debentures, and agreements are generally treated as though the rights held thereunder had been exercised. However, an affiliate cannot use such options and debentures to appear to terminate its control over another concern before it actually does so. Example 1 to paragraph (c)(5)(v). If company B holds an option to purchase a controlling interest in company A, who holds an attributable interest in a PCS application, the situation is treated as though company B had exercised its rights and had become owner of a controlling interest in company A. The gross revenues of company B must be taken into account in determining the size of the applicant. Example 2. If a large company, BigCo, holds 70% (70 of 100 outstanding shares) of the voting stock of company A, who holds an attributable interest in a PCS application, and gives a third party, SmallCo, an option to purchase 50 of the 70 shares owned by BigCo, BigCo will be deemed to be an affiliate of company A, and thus the applicant, until SmallCo actually exercises its option to purchase such shares. In order to prevent BigCo from circumventing the intent of the rule which requires such options to be considered on a fully diluted basis, the option is not considered to have present effect in this case. Example 3. If company A has entered into an agreement to merge with company B in the future, the situation is treated as though the merger has taken place. Note to paragraph ( c )(5)( v ): Mutually exclusive contingent ownership interests, i.e. , one or more ownership interests that, by their terms, are mutually exclusive of one or more other ownership interests, shall be calculated as having been fully exercised only in the possible combinations in which they can be exercised by their holder(s). A contingent ownership interest is mutually exclusive of another only if contractual language specifies that both interests cannot be held simultaneously as present ownership interests. ( vi ) Affiliation under voting trusts. ( A ) Stock interests held in trust shall be deemed controlled by any person who holds or shares the power to vote such stock, to any person who has the sole power to sell such stock, and to any person who has the right to revoke the trust at will or to replace the trustee at will. ( B ) If a trustee has a familial, personal or extra-trust business relationship to the grantor or the beneficiary, the stock interests held in trust will be deemed controlled by the grantor or beneficiary, as appropriate. ( C ) If the primary purpose of a voting trust, or similar agreement, is to separate voting power from beneficial ownership of voting stock for the purpose of shifting control of or the power to control a concern in order that such concern or another concern may meet the Commission's size standards, such voting trust shall not be considered valid for this purpose regardless of whether it is or is not recognized within the appropriate jurisdiction. ( vii ) Affiliation through common management. Affiliation generally arises where officers, directors, or key employees serve as the majority or otherwise as the controlling element of the board of directors and/or the management of another entity. ( viii ) Affiliation through common facilities. Affiliation generally arises where one concern shares office space and/or employees and/or other facilities with another concern, particularly where such concerns are in the same or related industry or field of operations, or where such concerns were formerly affiliated, and through these sharing arrangements one concern has control, or potential control, of the other concern. ( ix ) Affiliation through contractual relationships. Affiliation generally arises where one concern is dependent upon another concern for contracts and business to such a degree that one concern has control, or potential control, of the other concern. ( x ) Affiliation under joint venture arrangements. ( A ) A joint venture for size determination purposes is an association of concerns and/or individuals, with interests in any degree or proportion, formed by contract, express or implied, to engage in and carry out a single, specific business venture for joint profit for which purpose they combine their efforts, property, money, skill and knowledge, but not on a continuing or permanent basis for conducting business generally. The determination whether an entity is a joint venture is based upon the facts of the business operation, regardless of how the business operation may be designated by the parties involved. An agreement to share profits/losses proportionate to each party's contribution to the business operation is a significant factor in determining whether the business operation is a joint venture. ( B ) The parties to a joint venture are considered to be affiliated with each other. Nothing in this subsection shall be construed to define a small business consortium, for purposes of determining status as a designated entity, as a joint venture under attribution standards provided in this section. ( xi ) Exclusion from affiliation coverage. For purposes of this section, Indian tribes or Alaska Regional or Village Corporations organized pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), or entities owned and controlled by such tribes or corporations, are not considered affiliates of an applicant (or licensee) that is owned and controlled by such tribes, corporations or entities, and that otherwise complies with the requirements of this section, except that gross revenues derived from gaming activities conducted by affiliate entities pursuant to the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) will be counted in determining such applicant's (or licensee's) compliance with the financial requirements of this section, unless such applicant establishes that it will not receive a substantial unfair competitive advantage because significant legal constraints restrict the applicant's ability to access such gross revenues. ( 6 ) Consortium. A consortium of small businesses, very small businesses, entrepreneurs, or rural service providers is a conglomerate organization composed of two or more entities, each of which individually satisfies the definition of a small business, very small business, entrepreneur, or rural service provider as those terms are defined in this section and in applicable service-specific rules. Each individual member must constitute a separate and distinct legal entity to qualify. ( d ) The Commission may set aside specific licenses for which only eligible designated entities, as specified by the Commission, may bid. ( e ) The Commission may permit partitioning of service areas in particular services for eligible designated entities. ( f ) Bidding credits. ( 1 ) The Commission may award bidding credits ( i.e., payment discounts) to eligible designated entities. Competitive bidding rules applicable to individual services will specify the designated entities eligible for bidding credits, the licenses for which bidding credits are available, the amounts of bidding credits and other procedures. ( 2 ) Small business bidding credits. — ( i ) Size of bidding credits. A winning bidder that qualifies as a small business, and has not claimed a rural service provider bidding credit pursuant to paragraph (f)(4) of this section, may use the following bidding credits corresponding to its respective average gross revenues for the preceding 3 years: ( A ) Businesses with average gross revenues for the preceding 3 years not exceeding $4 million are eligible for bidding credits of 35 percent; ( B ) Businesses with average gross revenues for the preceding 3 years not exceeding $20 million are eligible for bidding credits of 25 percent; and ( C ) Businesses with average gross revenues for the preceding 3 years not exceeding $55 million are eligible for bidding credits of 15 percent. ( ii ) Cap on winning bid discount. A maximum total discount that a winning bidder that is eligible for a small business bidding credit may receive will be established on an auction-by-auction basis. The limit on the discount that a winning bidder that is eligible for a small business bidding credit may receive in any particular auction will be no less than $25 million. The Commission may adopt a market-based cap on an auction-by-auction basis that would establish an overall limit on the discount that a small business may receive for certain license areas. ( 3 ) Bidding credit for serving qualifying tribal land. A winning bidder for a market will be eligible to receive a bidding credit for serving a qualifying tribal land within that market, provided that it complies with § 1.2107(e) . The following definition, terms, and conditions shall apply for the purposes of this section and § 1.2107(e) : ( i ) Qualifying tribal land means any federally recognized Indian tribe's reservation, Pueblo, or Colony, including former reservations in Oklahoma, Alaska Native regions established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688), and Indian allotments, that has a wireline telephone subscription rate equal to or less than eighty-five (85) percent based on the most recently available U.S. Census Data. ( ii ) Certification. ( A ) Within 180 days after the filing deadline for long-form applications, the winning bidder must amend its long-form application and attach a certification from the tribal government stating the following: ( 1 ) The tribal government authorizes the winning bidder to site facilities and provide service on its tribal land; ( 2 ) The tribal area to be served by the winning bidder constitutes qualifying tribal land; and ( 3 ) The tribal government has not and will not enter into an exclusive contract with the applicant precluding entry by other carriers, and will not unreasonably discriminate among wireless carriers seeking to provide service on the qualifying tribal land. ( B ) In addition, within 180 days after the filing deadline for long-form applications, the winning bidder must amend its long-form application and file a certification that it will comply with the construction requirements set forth in paragraph (f)(3)(vii) of this section and consult with the tribal government regarding the siting of facilities and deployment of service on the tribal land. ( C ) If the winning bidder fails to submit the required certifications within the 180-day period, the bidding credit will not be awarded, and the winning bidder must pay any outstanding balance on its winning bid amount. ( iii ) Bidding credit formula. Subject to the applicable bidding credit limit set forth in § 1.2110(f)(3)(iv) , the bidding credit shall equal five hundred thousand (500,000) dollars for the first two hundred (200) square miles (518 square kilometers) of qualifying tribal land, and twenty-five hundred (2500) dollars for each additional square mile (2.590 square kilometers) of qualifying tribal land above two hundred (200) square miles (518 square kilometers). ( iv ) Bidding credit limit. If the high bid is equal to or less than one million (1,000,000) dollars, the maximum bidding credit calculated pursuant to § 1.2110(f)(3)(iii) shall not exceed fifty (50) percent of the high bid. If the high bid is greater than one million (1,000,000) dollars, but equal to or less than two million (2,000,000) dollars, the maximum bidding credit calculated pursuant to § 1.2110(f)(3)(iii) shall not exceed five hundred thousand (500,000) dollars. If the high bid is greater than two million (2,000,000) dollars, the maximum bidding credit calculated pursuant to § 1.2110(f)(3)(iii) shall not exceed thirty-five (35) percent of the high bid. ( v ) Bidding credit limit in auctions subject to specified reserve price(s). In any auction of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(2) with reserve price(s) and in any auction with reserve price(s) in which the Commission specifies that this provision shall apply, the aggregate amount available to be awarded as bidding credits for serving qualifying tribal land with respect to all licenses subject to a reserve price shall not exceed the amount by which winning bids for those licenses net of discounts the Commission takes into account when reporting net bids in the Public Notice closing the auction exceed the applicable reserve price. If the total amount that might be awarded as tribal land bidding credits based on applications for all licenses subject to the reserve price exceeds the aggregate amount available to be awarded, the Commission will award eligible applicants a pro rata tribal land bidding credit. The Commission may determine at any time that the total amount that might be awarded as tribal land bidding credits is less than the aggregate amount available to be awarded and grant full tribal land bidding credits to relevant applicants, including any that previously received pro rata tribal land bidding credits. To determine the amount of an applicant's pro rata tribal land bidding credit, the Commission will multiply the full amount of the tribal land bidding credit for which the applicant would be eligible excepting this limitation ((f)(3)(v)) of this section by a fraction, consisting of a numerator in the amount by which winning bids for licenses subject to the reserve price net of discounts the Commission takes into account when reporting net bids in the Public Notice closing the auction exceed the reserve price and a denominator in the amount of the aggregate maximum tribal land bidding credits for which applicants for such licenses might have qualified excepting this limitation ((f)(3)(v)) of this section. When determining the aggregate maximum tribal land bidding credits for which applicants for such licenses might have qualified, the Commission shall assume that any applicant seeking a tribal land bidding credit on its long-form application will be eligible for the largest tribal land bidding credit possible for its bid for its license excepting this limitation ((f)(3)(v)) of this section. After all applications seeking a tribal land bidding credit with respect to licenses covered by a reserve price have been finally resolved, the Commission will recalculate the pro rata credit. For these purposes, final determination of a credit occurs only after any review or reconsideration of the award of such credit has been concluded and no opportunity remains for further review or reconsideration. To recalculate an applicant's pro rata tribal land bidding credit, the Commission will multiply the full amount of the tribal land bidding credit for which the applicant would be eligible excepting this limitation ((f)(3)(v)) of this section by a fraction, consisting of a numerator in the amount by which winning bids for licenses subject to the reserve price net of discounts the Commission takes into account when reporting net bids in the Public Notice closing the auction exceed the reserve price and a denominator in the amount of the aggregate amount of tribal land bidding credits for which all applicants for such licenses would have qualified excepting this limitation ((f)(3)(v)) of this section. ( vi ) Application of credit. A pending request for a bidding credit for serving qualifying tribal land has no effect on a bidder's obligations to make any auction payments, including down and final payments on winning bids, prior to award of the bidding credit by the Commission. Tribal land bidding credits will be calculated and awarded prior to license grant. If the Commission grants an applicant a pro rata tribal land bidding credit prior to license grant, as provided by paragraph (f)(3)(v) of this section, the Commission shall recalculate the applicant's pro rata tribal land bidding credit after all applications seeking tribal land biddings for licenses subject to the same reserve price have been finally resolved. If a recalculated tribal land bidding credit is larger than the previously awarded pro rata tribal land bidding credit, the Commission will award the difference. ( vii ) Post-construction certification. Within fifteen (15) days of the third anniversary of the initial grant of its license, a recipient of a bidding credit under this section shall file a certification that the recipient has constructed and is operating a system capable of serving seventy-five (75) percent of the population of the qualifying tribal land for which the credit was awarded. The recipient must provide the total population of the tribal area covered by its license as well as the number of persons that it is serving in the tribal area. ( viii ) Performance penalties. If a recipient of a bidding credit under this section fails to provide the post-construction certification required by paragraph (f)(3)(vii) of this section, then it shall repay the bidding credit amount in its entirety, plus interest. The interest will be based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted. Such payment shall be made within thirty (30) days of the third anniversary of the initial grant of its license. Failure to repay the bidding credit amount and interest within the required time period will result in automatic termination of the license without specific Commission action. Repayment of bidding credit amounts pursuant to this provision shall not affect the calculation of amounts available to be awarded as tribal land bidding credits pursuant to (f)(3)(v) of this section. ( 4 ) Rural service provider bidding credit — ( i ) Eligibility. A winning bidder that qualifies as a rural service provider and has not claimed a small business bidding credit pursuant to paragraph (f)(2) of this section will be eligible to receive a 15 percent bidding credit. For the purposes of this paragraph, a rural service provider means a service provider that— ( A ) Is in the business of providing commercial communications services and together with its controlling interests, affiliates, and the affiliates of its controlling interests as those terms are defined in paragraphs (c)(2) and (c)(5) of this section, has fewer than 250,000 combined wireless, wireline, broadband, and cable subscribers as of the date of the short-form filing deadline; and ( B ) Serves predominantly rural areas, defined as counties with a population density of 100 or fewer persons per square mile. ( C ) Size attribution. (1) The combined wireless, wireline, broadband, and cable subscribers of the applicant (or licensee), its affiliates, its controlling interests, and the affiliates of its controlling interests shall be attributed to the applicant (or licensee) and considered on a cumulative basis and aggregated for purposes of determining whether the applicant (or licensee) is eligible for the rural service provider bidding credit. (2) Exception. For rural partnerships providing service as of July 16, 2015, the Commission will determine eligibility for the 15 percent rural service provider bidding credit by evaluating whether the individual members of the rural partnership individually have fewer than 250,000 combined wireless, wireline, broadband, and cable subscribers, and for those types of rural partnerships, the subscribers will not be aggregated. ( ii ) Cap on winning bid discount. A maximum total discount that a winning bidder that is eligible for a rural service provider bidding credit may receive will be established on an auction-by-auction basis. The limit on the discount that a winning bidder that is eligible for a rural service provider bidding credit may receive in any particular auction will be no less than $10 million. The Commission may adopt a market-based cap on an auction-by-auction basis that would establish an overall limit on the discount that a rural service provider may receive for certain license areas. ( g ) Installment payments. The Commission may permit small businesses (including small businesses owned by women, minorities, or rural telephone companies that qualify as small businesses) and other entities determined to be eligible on a service-specific basis, which are high bidders for licenses specified by the Commission, to pay the full amount of their high bids in installments over the term of their licenses pursuant to the following: ( 1 ) Unless otherwise specified by public notice, each eligible applicant paying for its license(s) on an installment basis must deposit by wire transfer in the manner specified in § 1.2107(b) sufficient additional funds as are necessary to bring its total deposits to ten (10) percent of its winning bid(s) within ten (10) days after the Commission has declared it the winning bidder and closed the bidding. Failure to remit the required payment will make the bidder liable to pay a default payment pursuant to § 1.2104(g)(2) . ( 2 ) Within ten (10) days of the conditional grant of the license application of a winning bidder eligible for installment payments, the licensee shall pay another ten (10) percent of the high bid, thereby commencing the eligible licensee's installment payment plan. If a winning bidder eligible for installment payments fails to submit this additional ten (10) percent of its high bid by the applicable deadline as specified by the Commission, it will be allowed to make payment within ten (10) business days after the payment deadline, provided that it also pays a late fee equal to five percent of the amount due. When a winning bidder eligible for installment payments fails to submit this additional ten (10) percent of its winning bid, plus the late fee, by the late payment deadline, it is considered to be in default on its license(s) and subject to the applicable default payments. Licenses will be awarded upon the full and timely payment of second down payments and any applicable late fees. ( 3 ) Upon grant of the license, the Commission will notify each eligible licensee of the terms of its installment payment plan and that it must execute a promissory note and security agreement as a condition of the installment payment plan. Unless other terms are specified in the rules of particular services, such plans will: ( i ) Impose interest based on the rate of U.S. Treasury obligations (with maturities closest to the duration of the license term) at the time of licensing; ( ii ) Allow installment payments for the full license term; ( iii ) Begin with interest-only payments for the first two years; and ( iv ) Amortize principal and interest over the remaining term of the license. ( 4 ) A license granted to an eligible entity that elects installment payments shall be conditioned upon the full and timely performance of the licensee's payment obligations under the installment plan. ( i ) Any licensee that fails to submit its quarterly payment on an installment payment obligation (the “Required Installment Payment”) may submit such payment on or before the last day of the next quarter (the “first additional quarter”) without being considered delinquent. Any licensee making its Required Installment Payment during this period (the “first additional quarter grace period”) will be assessed a late payment fee equal to five percent (5%) of the amount of the past due Required Installment Payment. The late payment fee applies to the total Required Installment Payment regardless of whether the licensee submitted a portion of its Required Installment Payment in a timely manner. ( ii ) If any licensee fails to make the Required Installment Payment on or before the last day of the first additional quarter set forth in paragraph (g)(4)(i) of this section, the licensee may submit its Required Installment Payment on or before the last day of the next quarter (the “second additional quarter”), except that no such additional time will be provided for the July 31, 1998 suspension interest and installment payments from C or F block licensees that are not made within 90 days of the payment resumption date for those licensees, as explained in Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, Order on Reconsideration of the Second Report and Order, WT Docket No. 97-82, 13 FCC Rcd 8345 (1998). Any licensee making the Required Installment Payment during the second additional quarter (the “second additional quarter grace period”) will be assessed a late payment fee equal to ten percent (10%) of the amount of the past due Required Installment Payment. Licensees shall not be required to submit any form of request in order to take advantage of the first and second additional quarter grace periods. ( iii ) All licensees that avail themselves of these grace periods must pay the associated late payment fee(s) and the Required Installment Payment prior to the conclusion of the applicable additional quarter grace period(s). Payments made at the close of any grace period(s) will first be applied to satisfy any lender advances as required under each licensee's “Note and Security Agreement,” with the remainder of such payments applied in the following order: late payment fees, interest charges, installment payments for the most back-due quarterly installment payment. ( iv ) If an eligible entity obligated to make installment payments fails to pay the total Required Installment Payment, interest and any late payment fees associated with the Required Installment Payment within two quarters (6 months) of the Required Installment Payment due date, it shall be in default, its license shall automatically cancel, and it will be subject to debt collection procedures. A licensee in the PCS C or F blocks shall be in default, its license shall automatically cancel, and it will be subject to debt collection procedures, if the payment due on the payment resumption date, referenced in paragraph (g)(4)(ii) of this section, is more than ninety (90) days delinquent. ( h ) The Commission may establish different upfront payment requirements for categories of designated entities in competitive bidding rules of particular auctionable services. ( i ) The Commission may offer designated entities a combination of the available preferences or additional preferences. ( j ) Designated entities must describe on their long-form applications how they satisfy the requirements for eligibility for designated entity status, and must list and summarize on their long-form applications all agreements that affect designated entity status such as partnership agreements, shareholder agreements, management agreements, spectrum leasing arrangements, spectrum resale (including wholesale) arrangements, spectrum use agreements, and all other agreements including oral agreements, establishing as applicable, de facto or de jure control of the entity. Designated entities also must provide the date(s) on which they entered into each of the agreements listed. In addition, designated entities must file with their long-form applications a copy of each such agreement. In order to enable the Commission to audit designated entity eligibility on an ongoing basis, designated entities that are awarded eligibility must, for the term of the license, maintain at their facilities or with their designated agents the lists, summaries, dates and copies of agreements required to be identified and provided to the Commission pursuant to this paragraph and to § 1.2114 . ( k ) The Commission may, on a service-specific basis, permit consortia, each member of which individually meets the eligibility requirements, to qualify for any designated entity provisions. ( l ) The Commission may, on a service-specific basis, permit publicly-traded companies that are owned by members of minority groups or women to qualify for any designated entity provisions. ( m ) Audits. ( 1 ) Applicants and licensees claiming eligibility shall be subject to audits by the Commission, using in-house and contract resources. Selection for audit may be random, on information, or on the basis of other factors. ( 2 ) Consent to such audits is part of the certification included in the short-form application (FCC Form 175). Such consent shall include consent to the audit of the applicant's or licensee's books, documents and other material (including accounting procedures and practices) regardless of form or type, sufficient to confirm that such applicant's or licensee's representations are, and remain, accurate. Such consent shall include inspection at all reasonable times of the facilities, or parts thereof, engaged in providing and transacting business, or keeping records regarding FCC-licensed service and shall also include consent to the interview of principals, employees, customers and suppliers of the applicant or licensee. ( n ) Annual reports. ( 1 ) Each designated entity licensee must file with the Commission an annual report no later than September 30 of each year for each license it holds that was acquired using designated entity benefits and that, as of August 31 of the year in which the report is due (the “cut-off date”), remains subject to designated entity unjust enrichment requirements (a “designated entity license”). The annual report must provide the information described in paragraph (n)(2) of this section for the year ending on the cut-off date (the “reporting year”). If, during the reporting year, a designated entity has assigned or transferred a designated entity license to another designated entity, the designated entity that holds the designated entity license on September 30 of the year in which the application for the transaction is filed is responsible for filing the annual report. ( 2 ) The annual report shall include, at a minimum, a list and summaries of all agreements and arrangements (including proposed agreements and arrangements) that relate to eligibility for designated entity benefits. In addition to a summary of each agreement or arrangement, this list must include the parties (including affiliates, controlling interests, and affiliates of controlling interests) to each agreement or arrangement, as well as the dates on which the parties entered into each agreement or arrangement. ( 3 ) A designated entity need not list and summarize on its annual report the agreements and arrangements otherwise required to be included under paragraphs (n)(1) and (n)(2) of this section if it has already filed that information with the Commission, and the information on file remains current. In such a situation, the designated entity must instead include in its annual report both the ULS file number of the report or application containing the current information and the date on which that information was filed. ( o ) Gross revenues. Gross revenues shall mean all income received by an entity, whether earned or passive, before any deductions are made for costs of doing business (e.g., cost of goods sold), as evidenced by audited financial statements for the relevant number of most recently completed calendar years or, if audited financial statements were not prepared on a calendar-year basis, for the most recently completed fiscal years preceding the filing of the applicant's short-form (FCC Form 175). If an entity was not in existence for all or part of the relevant period, gross revenues shall be evidenced by the audited financial statements of the entity's predecessor-in-interest or, if there is no identifiable predecessor-in-interest, unaudited financial statements certified by the applicant as accurate. When an applicant does not otherwise use audited financial statements, its gross revenues may be certified by its chief financial officer or its equivalent and must be prepared in accordance with Generally Accepted Accounting Principles. ( p ) Total assets. Total assets shall mean the book value (except where generally accepted accounting principles (GAAP) require market valuation) of all property owned by an entity, whether real or personal, tangible or intangible, as evidenced by the most recently audited financial statements or certified by the applicant's chief financial offer or its equivalent if the applicant does not otherwise use audited financial statements. [ 63 FR 2343 , Jan. 15, 1998; 63 FR 12659 , Mar. 16, 1998, as amended at 63 FR 17122 , Apr. 8, 1998; 65 FR 47355 , Aug. 2, 2000; 65 FR 52345 , Aug. 29, 2000; 65 FR 68924 , Nov. 15, 2000; 67 FR 16650 , Apr. 8, 2002; 67 FR 45365 , July 9, 2002; 68 FR 23422 , May 2, 2003; 68 FR 42996 , July 21, 2003; 69 FR 61321 , Oct. 18, 2004; 70 FR 57187 , Sept. 30, 2005; 71 FR 6227 , Feb. 7, 2006; 71 FR 26251 , May 4, 2006; 77 FR 16470 , Mar. 21, 2012; 80 FR 56813 , Sept. 18, 2015] § 1.2111 Assignment or transfer of control: unjust enrichment. ( a ) Unjust enrichment payment: installment financing. ( 1 ) If a licensee that utilizes installment financing under this section seeks to assign or transfer control of its license to an entity not meeting the eligibility standards for installment payments, the licensee must make full payment of the remaining unpaid principal and any unpaid interest accrued through the date of assignment or transfer as a condition of approval. ( 2 ) If a licensee that utilizes installment financing under this section seeks to make any change in ownership structure that would result in the licensee losing eligibility for installment payments, the licensee shall first seek Commission approval and must make full payment of the remaining unpaid principal and any unpaid interest accrued through the date of such change as a condition of approval. A licensee's (or other attributable entity's) increased gross revenues or increased total assets due to nonattributable equity investments, debt financing, revenue from operations or other investments, business development or expanded service shall not be considered to result in the licensee losing eligibility for installment payments. ( 3 ) If a licensee seeks to make any change in ownership that would result in the licensee qualifying for a less favorable installment plan under this section, the licensee shall seek Commission approval and must adjust its payment plan to reflect its new eligibility status. A licensee may not switch its payment plan to a more favorable plan. ( b ) Unjust enrichment payment: bidding credits. ( 1 ) A licensee that utilizes a bidding credit, and that during the initial term seeks to assign or transfer control of a license to an entity that does not meet the eligibility criteria for a bidding credit, will be required to reimburse the U.S. Government for the amount of the bidding credit, plus interest based on the rate for ten year U.S. Treasury obligations applicable on the date the license was granted, as a condition of Commission approval of the assignment or transfer. If, within the initial term of the license, a licensee that utilizes a bidding credit seeks to assign or transfer control of a license to an entity that is eligible for a lower bidding credit, the difference between the bidding credit obtained by the assigning party and the bidding credit for which the acquiring party would qualify, plus interest based on the rate for ten year U.S. Treasury obligations applicable on the date the license is granted, must be paid to the U.S. Government as a condition of Commission approval of the assignment or transfer. If, within the initial term of the license, a licensee that utilizes a bidding credit seeks to make any ownership change that would result in the licensee losing eligibility for a bidding credit (or qualifying for a lower bidding credit), the amount of the bidding credit (or the difference between the bidding credit originally obtained and the bidding credit for which the licensee would qualify after restructuring), plus interest based on the rate for ten year U.S. Treasury obligations applicable on the date the license is granted, must be paid to the U.S. Government as a condition of Commission approval of the assignment or transfer or of a reportable eligibility event ( see § 1.2114 ). ( 2 ) Payment schedule. ( i ) The amount of payments made pursuant to paragraph (d)(1) of this section will be reduced over time as follows: ( A ) A transfer in the first two years of the license term will result in a forfeiture of 100 percent of the value of the bidding credit (or in the case of very small businesses transferring to small businesses, 100 percent of the difference between the bidding credit received by the former and the bidding credit for which the latter is eligible); ( B ) A transfer in year 3 of the license term will result in a forfeiture of 75 percent of the value of the bidding credit; ( C ) A transfer in year 4 of the license term will result in a forfeiture of 50 percent of the value of the bidding credit; ( D ) A transfer in year 5 of the license term will result in a forfeiture of 25 percent of the value of the bidding credit; and ( E ) For a transfer in year 6 or thereafter, there will be no payment. ( ii ) These payments will have to be paid to the United States Treasury as a condition of approval of the assignment, transfer, ownership change or reportable eligibility event (see § 1.2114 ). ( c ) Unjust enrichment: partitioning and disaggregation — ( 1 ) Installment payments. Licensees making installment payments, that partition their licenses or disaggregate their spectrum to entities not meeting the eligibility standards for installment payments, will be subject to the provisions concerning unjust enrichment as set forth in this section. ( 2 ) Bidding credits. Licensees that received a bidding credit that partition their licenses or disaggregate their spectrum to entities not meeting the eligibility standards for such a bidding credit, will be subject to the provisions concerning unjust enrichment as set forth in this section. ( 3 ) Apportioning unjust enrichment payments. Unjust enrichment payments for partitioned license areas shall be calculated based upon the ratio of the population of the partitioned license area to the overall population of the license area and by utilizing the most recent census data. Unjust enrichment payments for disaggregated spectrum shall be calculated based upon the ratio of the amount of spectrum disaggregated to the amount of spectrum held by the licensee. [ 59 FR 44293 , Aug. 26, 1994, as amended at 63 FR 2346 , Jan. 15, 1998; 63 FR 68942 , Dec. 14, 1998; 71 FR 26252 , May 4, 2006; 71 FR 34278 , June 14, 2006; 77 FR 16471 , Mar. 21, 2012; 80 FR 56814 , Sept. 18, 2015] § 1.2112 Ownership disclosure requirements for applications. ( a ) Each application to participate in competitive bidding ( i.e., short-form application ( see 47 CFR 1.2105 )), or for a license, authorization, assignment, or transfer of control shall fully disclose the following: ( 1 ) List the real party or parties in interest in the applicant or application, including a complete disclosure of the identity and relationship of those persons or entities directly or indirectly owning or controlling (or both) the applicant; ( 2 ) List the name, address, and citizenship of any party holding 10 percent or more of stock in the applicant, whether voting or nonvoting, common or preferred, including the specific amount of the interest or percentage held; ( 3 ) List, in the case of a limited partnership, the name, address and citizenship of each limited partner whose interest in the applicant is 10 percent or greater (as calculated according to the percentage of equity paid in or the percentage of distribution of profits and losses); ( 4 ) List, in the case of a general partnership, the name, address and citizenship of each partner, and the share or interest participation in the partnership; ( 5 ) List, in the case of a limited liability company, the name, address, and citizenship of each of its members whose interest in the applicant is 10 percent or greater; ( 6 ) List all parties holding indirect ownership interests in the applicant as determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain, that equals 10 percent or more of the applicant, except that if the ownership percentage for an interest in any link in the chain exceeds 50 percent or represents actual control, it shall be treated and reported as if it were a 100 percent interest; and ( 7 ) List any FCC-regulated entity or applicant for an FCC license, in which the applicant or any of the parties identified in paragraphs (a)(1) through (a)(5) of this section, owns 10 percent or more of stock, whether voting or nonvoting, common or preferred. This list must include a description of each such entity's principal business and a description of each such entity's relationship to the applicant (e.g., Company A owns 10 percent of Company B (the applicant) and 10 percent of Company C, then Companies A and C must be listed on Company B's application, where C is an FCC licensee and/or license applicant). ( b ) Designated entity status. In addition to the information required under paragraph (a) of this section, each applicant claiming eligibility for small business provisions or a rural service provider bidding credit shall disclose the following: ( 1 ) On its application to participate in competitive bidding ( i.e., short-form application ( see 47 CFR 1.2105 )): ( i ) List the names, addresses, and citizenship of all officers, directors, affiliates, and other controlling interests of the applicant, as described in § 1.2110 , and, if a consortium of small businesses or consortium of very small businesses, the members of the conglomerate organization; ( ii ) List any FCC-regulated entity or applicant for an FCC license, in which any controlling interest of the applicant owns a 10 percent or greater interest or a total of 10 percent or more of any class of stock, warrants, options or debt securities. This list must include a description of each such entity's principal business and a description of each such entity's relationship to the applicant; ( iii ) List all parties with which the applicant has entered into agreements or arrangements for the use of any of the spectrum capacity of any of the applicant's spectrum; ( iv ) List separately and in the aggregate the gross revenues, computed in accordance with § 1.2110 , for each of the following: The applicant, its affiliates, its controlling interests, and the affiliates of its controlling interests; and if a consortium of small businesses, the members comprising the consortium; ( v ) If claiming eligibility for a rural service provider bidding credit, provide all information to demonstrate that the applicant meets the criteria for such credit as set forth in § 1.2110(f)(4) ; and ( vi ) If applying as a consortium of designated entities, provide the information in paragraphs (b)(1)(i) through (v) of this section separately for each member of the consortium. ( 2 ) As an exhibit to its application for a license, authorization, assignment, or transfer of control: ( i ) List the names, addresses, and citizenship of all officers, directors, and other controlling interests of the applicant, as described in § 1.2110 ; ( ii ) List any FCC-regulated entity or applicant for an FCC license, in which any controlling interest of the applicant owns a 10 percent or greater interest or a total of 10 percent or more of any class of stock, warrants, options or debt securities. This list must include a description of each such entity's principal business and a description of each such entity's relationship to the applicant; ( iii ) List and summarize all agreements or instruments (with appropriate references to specific provisions in the text of such agreements and instruments) that support the applicant's eligibility as a small business under the applicable designated entity provisions, including the establishment of de facto or de jure control. Such agreements and instruments include articles of incorporation and by-laws, partnership agreements, shareholder agreements, voting or other trust agreements, management agreements, franchise agreements, spectrum leasing arrangements, spectrum resale (including wholesale) arrangements, and any other relevant agreements (including letters of intent), oral or written; ( iv ) List and summarize any investor protection agreements, including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint members to boards of directors or management committees; ( v ) List separately and in the aggregate the gross revenues, computed in accordance with § 1.2110 , for each of the following: the applicant, its affiliates, its controlling interests, and affiliates of its controlling interests; and if a consortium of small businesses, the members comprising the consortium; ( vi ) List and summarize, if seeking the exemption for rural telephone cooperatives pursuant to § 1.2110 , all documentation to establish eligibility pursuant to the factors listed under § 1.2110(b)(4)(iii)(A) . ( vii ) List and summarize any agreements in which the applicant has entered into arrangements for the use of any of the spectrum capacity of the license that is the subject of the application; and ( viii ) If claiming eligibility for a rural service provider bidding credit, provide all information to demonstrate that the applicant meets the criteria for such credit as set forth in § 1.2110(f)(4) . [ 68 FR 42997 , July 21, 2003, as amended at 70 FR 57187 , Sept. 30, 2005; 71 FR 26253 , May 4, 2006; 77 FR 16471 , Mar. 21, 2012; 80 FR 56815 , Sept. 18, 2015] § 1.2113 Construction prior to grant of application. Subject to the provisions of this section, applicants for licenses awarded by competitive bidding may construct facilities to provide service prior to grant of their applications, but must not operate such facilities until the FCC grants an authorization. If the conditions stated in this section are not met, applicants must not begin to construct facilities for licenses subject to competitive bidding. ( a ) When applicants may begin construction. An applicant may begin construction of a facility upon release of the Public Notice listing the post-auction long-form application for that facility as acceptable for filing. ( b ) Notification to stop. If the FCC for any reason determines that construction should not be started or should be stopped while an application is pending, and so notifies the applicant, orally (followed by written confirmation) or in writing, the applicant must not begin construction or, if construction has begun, must stop construction immediately. ( c ) Assumption of risk. Applicants that begin construction pursuant to this section before receiving an authorization do so at their own risk and have no recourse against the United States for any losses resulting from: ( 1 ) Applications that are not granted; ( 2 ) Errors or delays in issuing public notices; ( 3 ) Having to alter, relocate or dismantle the facility; or ( 4 ) Incurring whatever costs may be necessary to bring the facility into compliance with applicable laws, or FCC rules and orders. ( d ) Conditions. Except as indicated, all pre-grant construction is subject to the following conditions: ( 1 ) The application does not include a request for a waiver of one or more FCC rules; ( 2 ) For any construction or alteration that would exceed the requirements of § 17.7 of this chapter , the licensee has notified the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1), filed a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the FCC, PRB, Support Services Branch, Gettysburg, PA 17325; ( 3 ) The applicant has indicated in the application that the proposed facility would not have a significant environmental effect, in accordance with §§ 1.1301 through 1.1319 ; ( 4 ) Under applicable international agreements and rules in this part, individual coordination of the proposed channel assignment(s) with a foreign administration is not required; and ( 5 ) Any service-specific restrictions not listed herein. [ 63 FR 2348 , Jan. 15, 1998] § 1.2114 Reporting of eligibility event. ( a ) A designated entity must seek Commission approval for all reportable eligibility events. A reportable eligibility event is: ( 1 ) Any spectrum lease (as defined in § 1.9003 ) or any other type of spectrum use agreement with one entity or on a cumulative basis that might cause a licensee to lose eligibility for installment payments, a set-aside license, or a bidding credit (or for a particular level of bidding credit) under § 1.2110 and applicable service-specific rules. ( 2 ) Any other event that would lead to a change in the eligibility of a licensee for designated entity benefits. ( b ) Documents listed on and filed with application. A designated entity filing an application pursuant to this section must— ( 1 ) List and summarize on the application all agreements and arrangements (including proposed agreements and arrangements) that give rise to or otherwise relate to a reportable eligibility event. In addition to a summary of each agreement or arrangement, this list must include the parties (including each party's affiliates, its controlling interests, the affiliates of its controlling interests, its spectrum lessees, and its spectrum resellers and wholesalers) to each agreement or arrangement, as well as the dates on which the parties entered into each agreement or arrangement. ( 2 ) File with the application a copy of each agreement and arrangement listed pursuant to this paragraph. ( 3 ) Maintain at its facilities or with its designated agents, for the term of the license, the lists, summaries, dates, and copies of agreements and arrangements required to be provided to the Commission pursuant to this section. ( c ) Application fees. The application reporting the eligibility event will be treated as a transfer of control for purposes of determining the applicable application fees as set forth in § 1.1102 . ( d ) Streamlined approval procedures. ( 1 ) The eligibility event application will be placed on public notice once the application is sufficiently complete and accepted for filing (see § 1.933 ). ( 2 ) Petitions to deny filed in accordance with section 309(d) of the Communications Act must comply with the provisions of § 1.939 , except that such petitions must be filed no later than 14 days following the date of the Public Notice listing the application as accepted for filing. ( 3 ) No later than 21 days following the date of the Public Notice listing an application as accepted for filing, the Wireless Telecommunications Bureau (Bureau) will grant the application, deny the application, or remove the application from streamlined processing for further review. ( 4 ) Grant of the application will be reflected in a Public Notice (see § 1.933(a)(2) ) promptly issued after the grant. ( 5 ) If the Bureau determines to remove an application from streamlined processing, it will issue a Public Notice indicating that the application has been removed from streamlined processing. Within 90 days of that Public Notice, the Bureau will either take action upon the application or provide public notice that an additional 90-day period for review is needed. ( e ) Public notice of application. Applications under this section will be placed on an informational public notice on a weekly basis (see § 1.933(a) ). ( f ) Contents of the application. The application must contain all information requested on the applicable form, any additional information and certifications required by the rules in this chapter, and any rules pertaining to the specific service for which the application is filed. ( g ) The designated entity is required to update any change in a relationship that gave rise to a reportable eligibility event. [ 71 FR 26253 , May 4, 2006, as amended at 71 FR 34278 , June 14, 2006; 79 FR 48530 , Aug. 15, 2014; 80 FR 56816 , Sept. 18, 2015] Effective Date Note Effective Date Note: At 80 FR 56816 , Sept. 18, 2015, § 1.2114(a)(1) was revised. This paragraph contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 1.2115 Public notice of incentive auction related procedures. The provisions of this subpart may be used to conduct an incentive auction pursuant to 47 U.S.C. 309(j)(8)(G) , including either or both a reverse auction to determine the incentive payment a licensee would be willing to accept in exchange for relinquishing spectrum usage rights and a forward auction to assign flexible use licenses for any spectrum made available as the result of such relinquishments. The Commission shall provide public notice of any procedures necessary for the implementation of an incentive auction that are not otherwise provided for pursuant to the rules of this Subpart. The Commission may do so in one or more such public notices. The Commission's procedures may include, without limitation: ( a ) Spectrum usage rights relinquishment procedures. The procedures pursuant to which a licensee may make an unconditional, irrevocable offer to relinquish spectrum usage rights in exchange for an incentive payment, including any terms the offer must include and procedures pursuant to which the Commission may accept such an offer. ( b ) Information required from a licensee. ( 1 ) The procedures for a licensee to provide any identifying information and or certifications that the Commission may require from any licensee that seeks to relinquish spectrum usage rights in the incentive auction. ( 2 ) The procedures for a licensee that is relinquishing spectrum usage rights to provide any financial information that the Commission may require to facilitate the disbursement of any incentive payment. [ 84 FR 1630 , Feb. 5, 2019] Broadcast Television Spectrum Reverse Auction Source: 79 FR 48530 , Aug. 15, 2014, unless otherwise noted. § 1.2200 Definitions. For purposes of §§ 1.2200 through 1.2209 : ( a ) Broadcast television licensee. The term broadcast television licensee means the licensee of ( 1 ) A full-power television station, or ( 2 ) A low-power television station that has been accorded primary status as a Class A television licensee under § 73.6001(a) of this chapter . ( b ) Channel sharee. The term channel sharee means a broadcast television licensee that relinquishes all spectrum usage rights with respect to a particular television channel in order to share a television channel with another broadcast television licensee. ( c ) Channel sharer. The term channel sharer means a broadcast television licensee that shares its television channel with a channel sharee. ( d ) Channel sharing bid. The term channel sharing bid means a bid to relinquish all spectrum usage rights with respect to a particular television channel in order to share a television channel with another broadcast television licensee by an applicant that submits an executed channel sharing agreement with its application. ( e ) Forward auction. The term forward auction means the portion of an incentive auction of broadcast television spectrum described in section 6403(c) of the Spectrum Act. ( f ) High-VHF-to-low-VHF bid. The term high-VHF-to-low-VHF bid means a bid to relinquish all spectrum usage rights with respect to a high very high frequency (“VHF”) television channel (channels 7 through 13) in return for receiving spectrum usage rights with respect to a low VHF television channel (channels 2 through 6). ( g ) License relinquishment bid. The term license relinquishment bid means a bid to relinquish all spectrum usage rights with respect to a particular television channel without receiving in return any spectrum usage rights with respect to another television channel. ( h ) NCE station. The term NCE station means a noncommercial educational television broadcast station as defined in § 73.621 of this chapter . ( i ) Reverse auction. The term reverse auction means the portion of an incentive auction of broadcast television spectrum described in section 6403(a) of the Spectrum Act. ( j ) Reverse auction bid. The term reverse auction bid includes a license relinquishment bid, a UHF-to-VHF bid, a high-VHF-to-low-VHF bid, a channel sharing bid, and any other reverse auction bids permitted. ( k ) Spectrum Act. The term Spectrum Act means Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 ). ( l ) UHF-to-VHF bid. The term UHF-to-VHF bid means a bid to relinquish all spectrum usage rights with respect to an ultra-high frequency (“UHF”) television channel in return for receiving spectrum usage rights with respect to a high VHF television channel or a low VHF television channel. [ 79 FR 48530 , Aug. 15, 2014, as amended at 80 FR 67342 , Nov. 2, 2015] § 1.2201 Purpose. The provisions of §§ 1.2200 through 1.2209 implement section 6403 of the Spectrum Act, which requires the Commission to conduct a reverse auction to determine the amount of compensation that each broadcast television licensee would accept in return for voluntarily relinquishing some or all of its broadcast television spectrum usage rights in order to make spectrum available for assignment through a system of competitive bidding under subparagraph (G) of section 309(j)(8) of the Communications Act of 1934, as added by section 6402 of the Spectrum Act. § 1.2202 Competitive bidding design options. ( a ) Public notice of competitive bidding design options. Prior to conducting competitive bidding in the reverse auction, public notice shall be provided of the detailed procedures that may be used to implement auction design options. ( b ) Competitive bidding design options. The public notice detailing competitive bidding procedures for the reverse auction may establish procedures for collecting bids, assigning winning bids, and determining payments, including without limitation: ( 1 ) Procedures for collecting bids. ( i ) Procedures for collecting bids in a single round or in multiple rounds. ( ii ) Procedures for collecting bids for multiple reverse auction bid options. ( iii ) Procedures allowing for bids that specify a price for a reverse auction bid option, indicate demand at a specified price, or provide other information as specified by competitive bidding policies, rules, and procedures. ( iv ) Procedures allowing for bids that are contingent on specified conditions, such as other bids being accepted. ( v ) Procedures to collect bids in one or more stages, including procedures for transitions between stages. ( vi ) Procedures for whether, when, and how bids may be modified during the auction. ( 2 ) Procedures for assigning winning bids. ( i ) Procedures that take into account one or more factors in addition to bid amount, such as population coverage or geographic contour, or other relevant measurable factors. ( ii ) Procedures to evaluate the technical feasibility of assigning a winning bid. ( A ) Procedures that utilize mathematical computer optimization software, such as integer programming, to evaluate bids and technical feasibility, or that utilize other decision routines, such as sequentially evaluating bids using a ranking based on specified factors. ( B ) Procedures that combine computer optimization algorithms with other decision routines. ( iii ) Procedures to incorporate public interest considerations into the process for assigning winning bids. ( 3 ) Procedures for determining payments. ( i ) Procedures to determine the amount of any incentive payments made to winning bidders consistent with other auction design choices. ( ii ) The amount of proceeds shared with a broadcast television licensee will not be less than the amount of the licensee's winning bid in the reverse auction. § 1.2203 Competitive bidding mechanisms. ( a ) Public notice of competitive bidding procedures. Detailed competitive bidding procedures shall be established by public notice prior to the commencement of the reverse auction, including without limitation: ( 1 ) Sequencing. The sequencing with which the reverse auction and the related forward auction assigning new spectrum licenses will occur. ( 2 ) Reserve price. Reserve prices, either disclosed or undisclosed, so that higher bids for various reverse auction bid options would not win in the reverse auction. Reserve prices may apply individually, in combination, or in the aggregate. ( 3 ) Opening bids and bid increments. Maximum or minimum opening bids, and by announcement before or during the reverse auction, maximum or minimum bid increments in dollar or percentage terms. ( 4 ) Activity rules. Activity rules that require a minimum amount of bidding activity. ( b ) Binding obligation. A bid is an unconditional, irrevocable offer by the bidder to fulfill the terms of the bid. The Commission accepts the offer by identifying the bid as winning. A bidder has a binding obligation to fulfill the terms of a winning bid. A winning bidder will relinquish spectrum usage rights pursuant to the terms of any winning bid by the deadline set forth in § 73.3700(b)(4) of this chapter . ( c ) Stopping procedures. Before or during the reverse auction, procedures may be established regarding when bidding will stop for a round, a stage, or an entire auction, in order to terminate the auction within a reasonable time and in accordance with public interest considerations and the goals, statutory requirements, rules, and procedures for the auction, including any reserve price or prices. ( d ) Auction delay, suspension, or cancellation. By public notice or by announcement during the reverse auction, the auction may be delayed, suspended, or cancelled in the event of a natural disaster, technical obstacle, network disruption, evidence of an auction security breach or unlawful bidding activity, administrative or weather necessity, or for any other reason that affects the fair and efficient conduct of the competitive bidding. The Commission has the authority, at its sole discretion, to resume the competitive bidding starting from the beginning of the current or some previous round or cancel the competitive bidding in its entirety. § 1.2204 Applications to participate in competitive bidding. ( a ) Public notice of the application process. All applications to participate must be filed electronically. The dates and procedures for submitting applications to participate in the reverse auction shall be announced by public notice. ( b ) Applicant. The applicant identified on the application to participate must be the broadcast television licensee that would relinquish spectrum usage rights if it becomes a winning bidder. In the case of a channel sharing bid, the applicant will be the proposed channel sharee. ( c ) Information and certifications provided in the application to participate. An applicant may be required to provide the following information in its application to participate in the reverse auction: ( 1 ) The following identifying information: ( i ) If the applicant is an individual, the applicant's name and address. If the applicant is a corporation, the name and address of the corporate office and the name and title of an officer or director. If the applicant is a partnership, the name, citizenship, and address of all general partners, and, if a general partner is not a natural person, then the name and title of a responsible person for that partner, as well. If the applicant is a trust, the name and address of the trustee. If the applicant is none of the above, it must identify and describe itself and its principals or other responsible persons; ( ii ) Applicant ownership and other information as set forth in § 1.2112(a) ; and ( iii ) List, in the case of a non-profit entity, the name, address, and citizenship of each member of the governing board and of any educational institution or governmental entity with a controlling interest in the applicant, if applicable. ( 2 ) The identity of the person(s) authorized to take binding action in the bidding on behalf of the applicant. ( 3 ) For each broadcast television license for which the applicant intends to submit reverse auction bids: ( i ) The identity of the station and its television channel; ( ii ) Whether it is a full-power or Class A television station; ( iii ) If the license is for a Class A television station, certification under penalty of perjury that it is and will remain in compliance with the ongoing statutory eligibility requirements to remain a Class A station; ( iv ) Whether it is an NCE station and, if so, whether it operates on a reserved or non-reserved channel; ( v ) The types of reverse auction bids that the applicant may submit; ( vi ) Whether the license for the station is subject to a non-final revocation order, has expired and is subject to a non-final cancellation order, or if for a Class A station is subject to a non-final downgrade order and, if the license is subject to such a proceeding or order, then an acknowledgement that the Commission will place all of its auction proceeds into escrow pending the final outcome of the proceeding or order; and ( vii ) Any additional information required to assess the spectrum usage rights offered. ( 4 ) For each broadcast television license for which the applicant intends to submit a license relinquishment bid: ( i ) Whether it intends to enter into a channel sharing agreement if it becomes a winning bidder; ( ii ) Whether it will control another broadcast station if it becomes a winning bidder and terminates operations; and ( iii ) If it will control another broadcast station, an acknowledgement that it will remain subject to any pending license renewal, as well as any enforcement action, against the station offered; or ( iv ) If it will not control another broadcast station, an acknowledgement that the Commission will place a share of its auction proceeds into escrow to cover any potential forfeiture costs associated with any pending license renewal or any pending enforcement action against the station offered. ( 5 ) For each broadcast television license for which the applicant intends to submit a channel sharing bid: ( i ) The identity of the channel sharer and the television channel the applicant has agreed to share; ( ii ) Any required information regarding the channel sharing agreement, including a copy of the executed channel sharing agreement; ( iii ) Certification under penalty of perjury that the channel sharing agreement is consistent with all Commission rules and policies, and that the applicant accepts any risk that the implementation of the channel sharing agreement may not be feasible for any reason, including any conflict with requirements for operation on the shared channel; ( iv ) Certification under penalty of perjury that its operation from the shared channel facilities will not result in a change to its Designated Market Area; ( v ) Certification under penalty of perjury that it can meet the community of license coverage requirement set forth in § 73.625(a) of this chapter from the shared channel facilities or, if not, that the new community of license for its shared channel facilities either meets the same or a higher allotment priority as its current community; or, if no community meets the same or higher allotment priority, provides the next highest priority; ( vi ) Certification under penalty of perjury that the proposed channel sharing arrangement will not violate the multiple ownership rules, set forth in § 73.3555 of this chapter , based on facts at the time the application is submitted; and ( vii ) Certification by the channel sharer under penalty of perjury with respect to the certifications described in paragraphs (c)(3)(iii) , (c)(5)(iii) , and (c)(5)(vi) of this section. ( 6 ) Certification under penalty of perjury that the applicant and all of the person(s) disclosed under paragraph (c)(1) of this section are not person(s) who have been, for reasons of national security, barred by any agency of the Federal Government from bidding on a contract, participating in an auction, or receiving a grant. For the purposes of this certification, the term “person” means an individual, partnership, association, joint-stock company, trust, or corporation, and the term “reasons of national security” means matters relating to the national defense and foreign relations of the United States. ( 7 ) Certification that the applicant agrees that it has sole responsibility for investigating and evaluating all technical and marketplace factors that may have a bearing on the bids it submits in the reverse auction. ( 8 ) Certification that the applicant agrees that the bids it submits in the reverse auction are irrevocable, binding offers by the applicant. ( 9 ) Certification that the individual submitting the application to participate and providing the certifications is authorized to do so on behalf of the applicant, and if such individual is not an officer, director, board member, or controlling interest holder of the applicant, evidence that such individual has the authority to bind the applicant. ( 10 ) Certification that the applicant is in compliance with all statutory and regulatory requirements for participation in the reverse auction, including any requirements with respect to the license(s) identified in the application to participate. ( 11 ) Such additional information as may be required. ( d ) Application processing. ( 1 ) Any timely submitted application to participate will be reviewed for completeness and compliance with the Commission's rules. No untimely applications to participate shall be reviewed or considered. ( 2 ) Any application to participate that does not contain all of the certifications required pursuant to this section is unacceptable for filing, cannot be corrected subsequent to the application filing deadline, and will be dismissed with prejudice. ( 3 ) Applicants will be provided a limited opportunity to cure specified defects and to resubmit a corrected application to participate. During the resubmission period for curing defects, an application to participate may be amended or modified to cure identified defects or to make minor amendments or modifications. After the resubmission period has ended, an application to participate may be amended or modified to make minor changes or correct minor errors in the application to participate. Minor amendments may be subject to a deadline specified by public notice. Major amendments cannot be made to an application to participate after the initial filing deadline. Major amendments include, but are not limited to, changes in ownership of the applicant that would constitute an assignment or transfer of control, changes to any of the required certifications, and the addition or removal of licenses identified on the application to participate for which the applicant intends to submit reverse auction bids. Minor amendments include any changes that are not major, such as correcting typographical errors and supplying or correcting information as requested to support the certifications made in the application. ( 4 ) Applicants that fail to correct defects in their applications to participate in a timely manner as specified by public notice will have their applications to participate dismissed with no opportunity for resubmission. ( 5 ) Applicants shall have a continuing obligation to make any amendments or modifications that are necessary to maintain the accuracy and completeness of information furnished in pending applications to participate. Such amendments or modifications shall be made as promptly as possible, and in no case more than five business days after applicants become aware of the need to make any amendment or modification, or five business days after the reportable event occurs, whichever is later. An applicant's obligation to make such amendments or modifications to a pending application to participate continues until they are made. ( e ) Notice to qualified and non-qualified applicants. Each applicant will be notified as to whether it is qualified or not qualified to participate in the reverse auction. [ 79 FR 48530 , Aug. 15, 2014, as amended at 80 FR 67342 , Nov. 2, 2015] § 1.2205 Prohibition of certain communications. ( a ) Definitions. ( 1 ) For the purposes of this section, a full power broadcast television licensee, or a Class A broadcast television licensee, shall include all controlling interests in the licensee, and all officers, directors, and governing board members of the licensee. ( 2 ) For the purposes of this section, the term forward auction applicant is defined the same as the term applicant is defined in § 1.2105(c)(5) . ( b ) Certain communications prohibited. ( 1 ) Except as provided in paragraph (b)(2) of this section, in the broadcast television spectrum incentive auction conducted under section 6403 of the Spectrum Act, beginning on the deadline for submitting applications to participate in the reverse auction and until the results of the incentive auction are announced by public notice, all full power and Class A broadcast television licensees are prohibited from communicating directly or indirectly any incentive auction applicant's bids or bidding strategies to any other full power or Class A broadcast television licensee or to any forward auction applicant. ( 2 ) The prohibition described in paragraph (b)(1) of this section does not apply to the following: ( i ) Communications between full power or Class A broadcast television licensees if they share a common controlling interest, director, officer, or governing board member as of the deadline for submitting applications to participate in the reverse auction; ( ii ) Communications between a forward auction applicant and a full power or Class A broadcast television licensee if a controlling interest, director, officer, or holder of any 10 percent or greater ownership interest in the forward auction applicant, as of the deadline for submitting short-form applications to participate in the forward auction, is also a controlling interest, director, officer, or governing board member of the full power or Class A broadcast television licensee, as of the deadline for submitting applications to participate in the reverse auction; and ( iii ) Communications regarding reverse auction applicants' (but not forward auction applicants') bids and bidding strategies between parties to a channel sharing agreement executed prior to the deadline for submitting applications to participate in the reverse auction and disclosed on a reverse auction application. ( c ) Duty to report potentially prohibited communications. A party that makes or receives a communication prohibited under paragraph (b) of this section shall report such communication in writing immediately, and in any case no later than five business days after the communication occurs. A party's obligation to make such a report continues until the report has been made. ( d ) Procedures for reporting potentially prohibited communications. Reports under paragraph (c) of this section shall be filed as directed in public notices detailing procedures for bidding in the incentive auction. If no public notice provides direction, the party making the report shall do so in writing to the Chief of the Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, by the most expeditious means available, including electronic transmission such as email. ( e ) Violations. A party who is found to have violated the antitrust laws or the Commission's rules in connection with its participation in the competitive bidding process, in addition to any other applicable sanctions, may be subject to forfeiture of its winning bid incentive payment and revocation of its licenses, where applicable, and may be prohibited from participating in future auctions. Note 1 to § 1.2205 : References to “full power broadcast television licensees” and “Class A broadcast television licensees” are intended to include all broadcast television licensees that are or could become eligible to participate in the reverse auction, including broadcast television licensees that may be parties to a channel sharing agreement. Note 2 to § 1.2205 : For the purposes of this section, “controlling interests” include individuals or entities with positive or negative de jure or de facto control of the licensee. De jure control includes holding 50 percent or more of the voting stock of a corporation or holding a general partnership interest in a partnership. Ownership interests that are held indirectly by any party through one or more intervening corporations may be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that if the ownership percentage for an interest in any link in the chain meets or exceeds 50 percent or represents actual control, it may be treated as if it were a 100 percent interest. De facto control is determined on a case-by-case basis. Examples of de facto control include constituting or appointing 50 percent or more of the board of directors or management committee; having authority to appoint, promote, demote, and fire senior executives that control the day-to-day activities of the licensee; or playing an integral role in management decisions. Note 3 to § 1.2205 : The prohibition described in § 1.2205(b)(1) applies to controlling interests, officers, directors, and governing board members of a full power or Class A broadcast television licensee as of the deadline for submitting applications to participate in the reverse auction, and any additional such parties at any subsequent point prior to the announcement by public notice of the results of the incentive auction. Thus, if, for example, a full power or Class A broadcast television licensee appoints a new officer after the application deadline, that new officer would be subject to the prohibition in § 1.2205(b)(1) , but would not be included within the exceptions described in §§ 1.2205(b)(2)(i) and (ii) . [ 79 FR 48530 , Aug. 15, 2014, as amended at 80 FR 56816 , Sept. 18, 2015] § 1.2206 Confidentiality of Commission-held data. ( a ) The Commission will take all reasonable steps necessary to protect all Confidential Broadcaster Information for all reverse auction applicants from the time the broadcast television licensee applies to participate in the reverse auction until the reassignments and reallocations under section 6403(b)(1)(B) of the Spectrum Act become effective or until two years after public notice that the reverse auction is complete and that no such reassignments and reallocations shall become effective. ( b ) In addition, if reassignments and reallocations under section 6403(b)(1)(B) of the Spectrum Act become effective, the Commission will continue to take all reasonable steps necessary to protect Confidential Broadcaster Information pertaining to any unsuccessful reverse auction bid and pertaining to any unsuccessful application to participate in the reverse auction until two years after the effective date. ( c ) Notwithstanding paragraphs (a) and (b) of this section, the Commission may disclose Confidential Broadcaster Information if required to do so by law, such as by court order. ( d ) Confidential Broadcaster Information includes the following Commission-held data of a broadcast television licensee participating in the reverse auction: ( 1 ) The name of the applicant licensee; ( 2 ) The licensee's channel number, call sign, facility identification number, and network affiliation; and ( 3 ) Any other information that may reasonably be withheld to protect the identity of the licensee, as determined by the Commission. § 1.2207 Two competing participants required. The Commission may not enter into an agreement for a licensee to relinquish spectrum usage rights in exchange for a share of the proceeds from the related forward auction assigning new spectrum licenses unless at least two competing licensees participate in the reverse auction. § 1.2208 Public notice of auction completion and auction results. Public notice shall be provided when the reverse auction is complete and when the forward auction is complete. With respect to the broadcast television spectrum incentive auction conducted under section 6403 of the Spectrum Act, public notice shall be provided of the results of the reverse auction, forward auction, and repacking, and shall indicate that the reassignments of television channels and reallocations of broadcast television spectrum are effective. § 1.2209 Disbursement of incentive payments. A winning bidder shall submit the necessary financial information to facilitate the disbursement of the winning bidder's incentive payment. Specific procedures for submitting financial information, including applicable deadlines, will be set out by public notice. Subpart R—Implementation of Section 4(g)(3) of the Communications Act: Procedures Governing Acceptance of Unconditional Gifts, Donations and Bequests Source: 59 FR 38128 , July 27, 1994, unless otherwise noted. § 1.3000 Purpose and scope. The purpose of this subpart is to implement the Telecommunications Authorization Act of 1992 which amended the Communications Act by creating section 4(g)(3), 47 U.S.C. 154(g)(3) . The provisions of this subpart shall apply to gifts, donations and bequests made to the Commission itself. Travel reimbursement for attendance at, or participation in, government-sponsored meetings or events required to carry out the Commission's statutory or regulatory functions may also be accepted under this subpart. The acceptance of gifts by Commission employees, most notably gifts of food, drink and entertainment, is governed by the government-wide standards of employee conduct established at 5 CFR part 2635 . Travel, subsistence and related expenses for non-government-sponsored meetings or events will continue to be accepted pursuant to the Government Employees Training Act, 41 U.S.C. 4111 or 31 U.S.C. 1353 , and its General Services Administration's implementing regulations, 41 CFR 304-1.8 , as applicable. § 1.3001 Definitions. For purposes of this subpart: ( a ) The term agency means the Federal Communications Commission. ( b ) The term gift means any unconditional gift, donation or bequest of real, personal and other property (including voluntary and uncompensated services as authorized under 5 U.S.C. 3109 ). ( c ) The terms agency ethics official, designated agency ethics official, employee, market value, person, and prohibited source, have the same meaning as found in 5 CFR 2635.102 , 2635.203 . § 1.3002 Structural rules and prohibitions. ( a ) General prohibitions. An employee shall not: ( 1 ) Directly or indirectly, solicit or coerce the offering of a gift, donation or bequest to the Commission from a regulated entity or other prohibited source; or ( 2 ) Accept gifts of cash pursuant to this subpart. ( b ) Referral of offers to designated agency ethics official. Any person who seeks to offer any gift to the Commission under the provisions of this subpart shall make such offer to the Commission's designated agency ethics official. In addition, any Commission employee who is contacted by a potential donor or the representative thereof for the purpose of discussing the possibility of making a gift, donation or bequest to the Commission shall immediately refer such person or persons to the Commission's designated agency ethics official. The designated agency ethics official shall, in consultation with other agency ethics officials, make a determination concerning whether acceptance of such offers would create a conflict of interest or the appearance of a conflict of interest. Agency ethics officials may also advise potential donors and their representatives of the types of equipment, property or services that may be of use to the Commission and the procedures for effectuating gifts set forth in this subpart. The Commission may, in its discretion, afford public notice before accepting any gift under authority of this subpart. § 1.3003 Mandatory factors for evaluating conflicts of interest. No gift shall be accepted under this subpart unless a determination is made that its acceptance would not create a conflict of interest or the appearance of a conflict of interest. In making conflict of interest determinations, designated agency ethics officials shall consider the following factors: ( a ) Whether the benefits of the intended gift will accrue to an individual employee and, if so— ( 1 ) Whether the employee is responsible for matters affecting the potential donor that are currently before the agency; and ( 2 ) The significance of the employee's role in any such matters; ( b ) The nature and sensitivity of any matters pending at the Commission affecting the intended donor; ( c ) The timing of the intended gift; ( d ) The market value of the intended gift; ( e ) The frequency of other gifts made by the same donor; and ( f ) The reason underlying the intended gift given in a written statement from the proposed donor. § 1.3004 Public disclosure and reporting requirements. ( a ) Public disclosure of gifts accepted from prohibited sources. The Commission's Security Operations Office, Office of the Managing Director, shall maintain a written record of gifts accepted from prohibited sources by the Commission pursuant to section 4(g)(3) authority, which will include: ( 1 ) The identity of the prohibited source; ( 2 ) A description of the gift; ( 3 ) The market value of the gift; ( 4 ) Documentation concerning the prohibited source's reason for the gift as required in § 1.3003(f) ; ( 5 ) A signed statement of verification from the prohibited source that the gift is unconditional and is not contingent on any promise or expectation that the Commission's receipt of the gift will benefit the proposed donor in any regulatory matter; and ( 6 ) The date the gift is accepted by the Commission. ( b ) Reporting Requirements for all gifts. The Commission shall file a semi-annual report to Congress listing the gift, donor and value of all gifts accepted from any donor under this subpart. Subpart S—Preemption of Restrictions that “Impair” the Ability To Receive Television Broadcast Signals, Direct Broadcast Satellite Services, or Multichannel Multipoint Distribution Services or the Ability To Receive or Transmit Fixed Wireless Communications Signals Source: 66 FR 2333 , Jan. 11, 2001, unless otherwise noted. § 1.4000 Restrictions impairing reception of television broadcast signals, direct broadcast satellite services or multichannel multipoint distribution services. ( a ) ( 1 ) Any restriction, including but not limited to any state or local law or regulation, including zoning, land-use, or building regulations, or any private covenant, contract provision, lease provision, homeowners' association rule or similar restriction, on property within the exclusive use or control of the antenna user where the user has a direct or indirect ownership or leasehold interest in the property that impairs the installation, maintenance, or use of: ( i ) An antenna that is: ( A ) Used to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, including a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, and ( B ) One meter or less in diameter or is located in Alaska; ( ii ) An antenna that is: ( A ) Used to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite, including a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, and ( B ) That is one meter or less in diameter or diagonal measurement; ( iii ) An antenna that is used to receive television broadcast signals; or ( iv ) A mast supporting an antenna described in paragraphs (a)(1)(i) , (a)(1)(ii) , or (a)(1)(iii) of this section; is prohibited to the extent it so impairs, subject to paragraph (b) of this section. ( 2 ) For purposes of this section, “fixed wireless signals” means any commercial non-broadcast communications signals transmitted via wireless technology to and/or from a fixed customer location. Fixed wireless signals do not include, among other things, AM radio, FM radio, amateur (“HAM”) radio, CB radio, and Digital Audio Radio Service (DARS) signals. ( 3 ) For purposes of this section, a law, regulation, or restriction impairs installation, maintenance, or use of an antenna if it: ( i ) Unreasonably delays or prevents installation, maintenance, or use; ( ii ) Unreasonably increases the cost of installation, maintenance, or use; or ( iii ) Precludes reception or transmission of an acceptable quality signal. ( 4 ) Any fee or cost imposed on a user by a rule, law, regulation or restriction must be reasonable in light of the cost of the equipment or services and the rule, law, regulation or restriction's treatment of comparable devices. No civil, criminal, administrative, or other legal action of any kind shall be taken to enforce any restriction or regulation prohibited by this section except pursuant to paragraph (d) or (e) of this section. In addition, except with respect to restrictions pertaining to safety and historic preservation as described in paragraph (b) of this section, if a proceeding is initiated pursuant to paragraph (d) or (e) of this section, the entity seeking to enforce the antenna restrictions in question must suspend all enforcement efforts pending completion of review. No attorney's fees shall be collected or assessed and no fine or other penalties shall accrue against an antenna user while a proceeding is pending to determine the validity of any restriction. If a ruling is issued adverse to a user, the user shall be granted at least a 21-day grace period in which to comply with the adverse ruling; and neither a fine nor a penalty may be collected from the user if the user complies with the adverse ruling during this grace period, unless the proponent of the restriction demonstrates, in the same proceeding which resulted in the adverse ruling, that the user's claim in the proceeding was frivolous. ( 5 ) For purposes of this section, “hub or relay antenna” means any antenna that is used to receive or transmit fixed wireless signals for the distribution of fixed wireless services to multiple customer locations as long as the antenna serves a customer on whose premises it is located, but excludes any hub or relay antenna that is used to provide any telecommunications services or services that are provided on a commingled basis with telecommunications services. ( b ) Any restriction otherwise prohibited by paragraph (a) of this section is permitted if: ( 1 ) It is necessary to accomplish a clearly defined, legitimate safety objective that is either stated in the text, preamble, or legislative history of the restriction or described as applying to that restriction in a document that is readily available to antenna users, and would be applied to the extent practicable in a non-discriminatory manner to other appurtenances, devices, or fixtures that are comparable in size and weight and pose a similar or greater safety risk as these antennas and to which local regulation would normally apply; or ( 2 ) It is necessary to preserve a prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion on, the National Register of Historic Places, as set forth in the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470 , and imposes no greater restrictions on antennas covered by this rule than are imposed on the installation, maintenance, or use of other modern appurtenances, devices, or fixtures that are comparable in size, weight, and appearance to these antennas; and ( 3 ) It is no more burdensome to affected antenna users than is necessary to achieve the objectives described in paragraphs (b)(1) or (b)(2) of this section. ( c ) [Reserved] ( d ) Local governments or associations may apply to the Commission for a waiver of this section under § 1.3 of this chapter . Waiver requests must comply with the procedures in paragraphs (f) and (h) of this section and will be put on public notice. The Commission may grant a waiver upon a showing by the applicant of local concerns of a highly specialized or unusual nature. No petition for waiver shall be considered unless it specifies the restriction at issue. Waivers granted in accordance with this section shall not apply to restrictions amended or enacted after the waiver is granted. Any responsive pleadings must be served on all parties and filed within 30 days after release of a public notice that such petition has been filed. Any replies must be filed within 15 days thereafter. ( e ) Parties may petition the Commission for a declaratory ruling under § 1.2 of this chapter , or a court of competent jurisdiction, to determine whether a particular restriction is permissible or prohibited under this section. Petitions to the Commission must comply with the procedures in paragraphs (f) and (h) of this section and will be put on public notice. Any responsive pleadings in a Commission proceeding must be served on all parties and filed within 30 days after release of a public notice that such petition has been filed. Any replies in a Commission proceeding must be served on all parties and filed within 15 days thereafter. ( f ) Copies of petitions for declaratory rulings and waivers must be served on interested parties, including parties against whom the petitioner seeks to enforce the restriction or parties whose restrictions the petitioner seeks to prohibit. A certificate of service stating on whom the petition was served must be filed with the petition. In addition, in a Commission proceeding brought by an association or a local government, constructive notice of the proceeding must be given to members of the association or to the citizens under the local government's jurisdiction. In a court proceeding brought by an association, an association must give constructive notice of the proceeding to its members. Where constructive notice is required, the petitioner or plaintiff must file with the Commission or the court overseeing the proceeding a copy of the constructive notice with a statement explaining where the notice was placed and why such placement was reasonable. ( g ) In any proceeding regarding the scope or interpretation of any provision of this section, the burden of demonstrating that a particular governmental or nongovernmental restriction complies with this section and does not impair the installation, maintenance, or use of devices used for over-the-air reception of video programming services or devices used to receive or transmit fixed wireless signals shall be on the party that seeks to impose or maintain the restriction. ( h ) All allegations of fact contained in petitions and related pleadings before the Commission must be supported by affidavit of a person or persons with actual knowledge thereof. An original and two copies of all petitions and pleadings should be addressed to the Secretary at the FCC's main office, located at the address indicated in 47 CFR 0.401(a) . Copies of the petitions and related pleadings will be available for public inspection through the Reference Information Center. [ 66 FR 2333 , Jan. 11, 2001, as amended at 67 FR 13224 , Mar. 21, 2002; 82 FR 41103 , Aug. 29, 2017; 85 FR 18146 , Apr. 1, 2020; 85 FR 64405 , Oct. 13, 2020; 86 FR 11442 , Feb. 25, 2021; 88 FR 21435 , Apr. 10, 2023] Subpart T—Foreign Ownership of Broadcast, Common Carrier, Aeronautical En Route, and Aeronautical Fixed Radio Station Licensees Source: 81 FR 86601 , Dec. 1, 2016, unless otherwise noted. § 1.5000 Citizenship and filing requirements under section 310(b) of the Communications Act of 1934, as amended. The rules in this subpart establish the requirements and conditions for obtaining the Commission's prior approval of foreign ownership in broadcast, common carrier, aeronautical en route, and aeronautical fixed radio station licensees and common carrier spectrum lessees that would exceed the 25 percent benchmark in section 310(b)(4) of the Act. These rules also establish the requirements and conditions for obtaining the Commission's prior approval of foreign ownership in common carrier (but not broadcast, aeronautical en route or aeronautical fixed) radio station licensees and spectrum lessees that would exceed the 20 percent limit in section 310(b)(3) of the Act. These rules also establish the methodology applicable to eligible U.S. public companies for purposes of determining and ensuring their compliance with the foreign ownership limitations set forth in sections 310(b)(3) and 310(b)(4) of the Act. ( a ) ( 1 ) A broadcast, common carrier, aeronautical en route or aeronautical fixed radio station licensee or common carrier spectrum lessee shall file a petition for declaratory ruling to obtain Commission approval under section 310(b)(4) of the Act, and obtain such approval, before the aggregate foreign ownership of any controlling, U.S.-organized parent company exceeds, directly and/or indirectly, 25 percent of the U.S. parent's equity interests and/or 25 percent of its voting interests. An applicant for a broadcast, common carrier, aeronautical en route or aeronautical fixed radio station license or common carrier spectrum leasing arrangement shall file the petition for declaratory ruling required by this paragraph at the same time that it files its application. ( 2 ) A common carrier radio station licensee or spectrum lessee shall file a petition for declaratory ruling to obtain approval under the Commission's section 310(b)(3) forbearance approach, and obtain such approval, before aggregate foreign ownership, held through one or more intervening U.S.-organized entities that hold non-controlling equity and/or voting interests in the licensee, along with any foreign interests held directly in the licensee or spectrum lessee, exceeds 20 percent of its equity interests and/or 20 percent of its voting interests. An applicant for a common carrier radio station license or spectrum leasing arrangement shall file the petition for declaratory ruling required by this paragraph at the same time that it files its application. Foreign interests held directly in a licensee or spectrum lessee, or other than through U.S.-organized entities that hold non-controlling equity and/or voting interests in the licensee or spectrum lessee, shall not be permitted to exceed 20 percent. Note 1 to paragraph ( a ): Paragraph (a)(1) of this section implements the Commission's foreign ownership policies under section 310(b)(4) of the Act, 47 U.S.C. 310(b)(4) , for broadcast, common carrier, aeronautical en route, and aeronautical fixed radio station licensees and common carrier spectrum lessees. It applies to foreign equity and/or voting interests that are held, or would be held, directly and/or indirectly in a U.S.-organized entity that itself directly or indirectly controls a broadcast, common carrier, aeronautical en route, or aeronautical fixed radio station licensee or common carrier spectrum lessee. A foreign individual or entity that seeks to hold a controlling interest in such a licensee or spectrum lessee must hold its controlling interest indirectly, in a U.S.-organized entity that itself directly or indirectly controls the licensee or spectrum lessee. Such controlling interests are subject to section 310(b)(4) and the requirements of paragraph (a)(1) of this section. The Commission assesses foreign ownership interests subject to section 310(b)(4) separately from foreign ownership interests subject to section 310(b)(3). Note 2 to paragraph ( a ): Paragraph (a)(2) of this section implements the Commission's section 310(b)(3) forbearance approach adopted in the First Report and Order in IB Docket No. 11-133, FCC 12-93 (released Aug. 17, 2012), 77 FR 50628 (Aug. 22, 2012). The section 310(b)(3) forbearance approach applies only to foreign equity and voting interests that are held, or would be held, in a common carrier licensee or spectrum lessee through one or more intervening U.S.-organized entities that do not control the licensee or spectrum lessee. Foreign equity and/or voting interests that are held, or would be held, directly in a licensee or spectrum lessee, or indirectly other than through an intervening U.S.-organized entity, are not subject to the Commission's section 310(b)(3) forbearance approach and shall not be permitted to exceed the 20 percent limit in section 310(b)(3) of the Act, 47 U.S.C. 310(b)(3) . The Commission's forbearance approach does not apply to broadcast, aeronautical en route or aeronautical fixed radio station licenses. Example 1. U.S.-organized Corporation A is preparing an application to acquire a common carrier radio license by assignment from another licensee. U.S.-organized Corporation A is wholly owned and controlled by U.S.-organized Corporation B. U.S.-organized Corporation B is 51 percent owned and controlled by U.S.-organized Corporation C, which is, in turn, wholly owned and controlled by foreign-organized Corporation D. The remaining non-controlling 49 percent equity and voting interests in U.S.-organized Corporation B are held by U.S.-organized Corporation X, which is, in turn, wholly owned and controlled by U.S. citizens. Paragraph (a)(1) of this section requires that U.S.-organized Corporation A file a petition for declaratory ruling to obtain Commission approval of the 51 percent foreign ownership of its controlling, U.S.-organized parent, Corporation B, by foreign-organized Corporation D, which exceeds the 25 percent benchmark in section 310(b)(4) of the Act for both equity interests and voting interests. Corporation A is also required to identify and request specific approval in its petition for any foreign individual or entity, or “group,” as defined in paragraph (d) of this section, that holds directly and/or indirectly more than 5 percent of Corporation B's total outstanding capital stock (equity) and/or voting stock, or a controlling interest in Corporation B, unless the foreign investment is exempt under § 1.5001(i)(3) . Example 2. U.S.-organized Corporation A is preparing an application to acquire a common carrier radio license by assignment from another licensee. U.S.-organized Corporation A is 51 percent owned and controlled by U.S.-organized Corporation B, which is, in turn, wholly owned and controlled by U.S. citizens. The remaining non-controlling 49 percent equity and voting interests in U.S.-organized Corporation A are held by U.S.-organized Corporation X, which is, in turn, wholly owned and controlled by foreign-organized Corporation Y. Paragraph (a)(2) of this section requires that U.S.-organized Corporation A file a petition for declaratory ruling to obtain Commission approval of the non-controlling 49 percent foreign ownership of U.S.-organized Corporation A by foreign-organized Corporation Y through U.S.-organized Corporation X, which exceeds the 20 percent limit in section 310(b)(3) of the Act for both equity interests and voting interests. U.S.-organized Corporation A is also required to identify and request specific approval in its petition for any foreign individual or entity, or “group,” as defined in paragraph (d) of this section, that holds an equity and/or voting interest in foreign-organized Corporation Y that, when multiplied by 49 percent, would exceed 5 percent of U.S.-organized Corporation A's equity and/or voting interests, unless the foreign investment is exempt under § 1.5001(i)(3) . Example 3. U.S.-organized Corporation A is preparing an application to acquire a common carrier radio license by assignment from another licensee. U.S.-organized Corporation A is 51 percent owned and controlled by U.S.-organized Corporation B, which is, in turn, wholly owned and controlled by foreign-organized Corporation C. The remaining non-controlling 49 percent equity and voting interests in U.S.-organized Corporation A are held by U.S.-organized Corporation X, which is, in turn, wholly owned and controlled by foreign-organized Corporation Y. Paragraphs (a)(1) and (a)(2) of this section require that U.S.-organized Corporation A file a petition for declaratory ruling to obtain Commission approval of foreign-organized Corporation C's 100 percent ownership interest in U.S.-organized parent, Corporation B, and of foreign-organized Corporation Y's non-controlling, 49 percent foreign ownership interest in U.S.-organized Corporation A through U.S-organized Corporation X, which exceed the 25 percent benchmark and 20 percent limit in sections 310(b)(4) and 310(b)(3) of the Act, respectively, for both equity interests and voting interests. U.S-organized Corporation A's petition also must identify and request specific approval for ownership interests held by any foreign individual, entity, or “group,” as defined in paragraph (d) of this section, to the extent required by § 1.5001(i) . ( b ) Except for petitions involving broadcast stations only, the petition for declaratory ruling required by paragraph (a) of this section shall be filed electronically through the International Communications Filing System (ICFS) or any successor system thereto. For information on filing a petition through ICFS, see subpart Y of this part and the ICFS homepage at https://www.fcc.gov/icfs . Petitions for declaratory ruling required by paragraph (a) of this section involving broadcast stations only shall be filed electronically on the Internet through the Media Bureau's Consolidated Database System (CDBS) or any successor system thereto when submitted to the Commission as part of an application for a construction permit, assignment, or transfer of control of a broadcast license; if there is no associated construction permit, assignment or transfer of control application, petitions for declaratory ruling should be filed with the Office of the Secretary via the Commission's Electronic Comment Filing System (ECFS). ( c ) ( 1 ) Each applicant, licensee, or spectrum lessee filing a petition for declaratory ruling required by paragraph (a) of this section shall certify to the information contained in the petition in accordance with the provisions of § 1.16 and the requirements of this paragraph. The certification shall include a statement that the applicant, licensee and/or spectrum lessee has calculated the ownership interests disclosed in its petition based upon its review of the Commission's rules and that the interests disclosed satisfy each of the pertinent standards and criteria set forth in the rules. ( 2 ) Multiple applicants and/or licensees shall file jointly the petition for declaratory ruling required by paragraph (a) of this section where the entities are under common control and contemporaneously hold, or are contemporaneously filing applications for, broadcast, common carrier licenses, common carrier spectrum leasing arrangements, or aeronautical en route or aeronautical fixed radio station licenses. Where joint petitioners have different responses to the information required by § 1.5001 , such information should be set out separately for each joint petitioner, except as otherwise permitted in § 1.5001(h)(2) . ( i ) Each joint petitioner shall certify to the information contained in the petition in accordance with the provisions of § 1.16 with respect to the information that is pertinent to that petitioner. Alternatively, the controlling parent of the joint petitioners may certify to the information contained in the petition. ( ii ) Where the petition is being filed in connection with an application for consent to transfer control of licenses or spectrum leasing arrangements, the transferee or its ultimate controlling parent may file the petition on behalf of the licensees or spectrum lessees that would be acquired as a result of the proposed transfer of control and certify to the information contained in the petition. ( 3 ) Multiple applicants and licensees shall not be permitted to file a petition for declaratory ruling jointly unless they are under common control. ( d ) The following definitions shall apply to this section and §§ 1.5001 through 1.5004 . ( 1 ) Aeronautical radio licenses refers to aeronautical en route and aeronautical fixed radio station licenses only. It does not refer to other types of aeronautical radio station licenses. ( 2 ) Affiliate refers to any entity that is under common control with a licensee, defined by reference to the holder, directly and/or indirectly, of more than 50 percent of total voting power, where no other individual or entity has de facto control. ( 3 ) Control includes actual working control in whatever manner exercised and is not limited to majority stock ownership. Control also includes direct or indirect control, such as through intervening subsidiaries. ( 4 ) Entity includes a partnership, association, estate, trust, corporation, limited liability company, governmental authority or other organization. ( 5 ) Group refers to two or more individuals or entities that have agreed to act together for the purpose of acquiring, holding, voting, or disposing of their equity and/or voting interests in the relevant licensee, controlling U.S. parent, or entity holding a direct and/or indirect equity and/or voting interest in the licensee or U.S. parent. ( 6 ) Individual refers to a natural person as distinguished from a partnership, association, corporation, or other organization. ( 7 ) Licensee as used in §§ 1.5000 through 1.5004 includes a spectrum lessee as defined in § 1.9003 . ( 8 ) Privately held company refers to a U.S.- or foreign-organized company that has not issued a class of equity securities for which beneficial ownership reporting is required by security holders and other beneficial owners under sections 13(d) or 13(g) of the Securities Exchange Act of 1934, as amended, 15 U.S.C. 78a et seq. (Exchange Act), and corresponding Exchange Act Rule 13d-1, 17 CFR 240.13d-1 , or a substantially comparable foreign law or regulation. ( 9 ) Public company refers to a U.S.- or foreign-organized company that has issued a class of equity securities for which beneficial ownership reporting is required by security holders and other beneficial owners under sections 13(d) or 13(g) of the Securities Exchange Act of 1934, as amended, 15 U.S.C. 78a et seq. (Exchange Act) and corresponding Exchange Act Rule 13d-1, 17 CFR 240.13d-1 , or a substantially comparable foreign law or regulation. ( 10 ) Subsidiary refers to any entity in which a licensee owns or controls, directly and/or indirectly, more than 50 percent of the total voting power of the outstanding voting stock of the entity, where no other individual or entity has de facto control. ( 11 ) Voting stock refers to an entity's corporate stock, partnership or membership interests, or other equivalents of corporate stock that, under ordinary circumstances, entitles the holders thereof to elect the entity's board of directors, management committee, or other equivalent of a corporate board of directors. ( 12 ) Would hold as used in §§ 1.5000 through 1.5004 includes interests that an individual or entity proposes to hold in an applicant, licensee, or spectrum lessee, or their controlling U.S. parent, upon consummation of any transactions described in the petition for declaratory ruling filed under paragraphs (a)(1) or (2) of this section. ( e ) ( 1 ) This section sets forth the methodology applicable to broadcast, common carrier, aeronautical en route, and aeronautical fixed radio station licensees and common carrier spectrum lessees that are, or are directly or indirectly controlled by, an eligible U.S. public company for purposes of monitoring the licensee's or spectrum lessee's compliance with the foreign ownership limits set forth in sections 310(b)(3) and 310(b)(4) of the Act and with the terms and conditions of a licensee's or spectrum lessee's foreign ownership ruling issued pursuant to paragraph (a)(1) or (2) of this section. For purposes of this section: ( i ) An “eligible U.S. public company” is a company that is organized in the United States; whose stock is traded on a stock exchange in the United States; and that has issued a class of equity securities for which beneficial ownership reporting is required by security holders and other beneficial owners under sections 13(d) or 13(g) of the Securities Exchange Act of 1934, as amended, 15 U.S.C. 78a et seq. (Exchange Act) and corresponding Exchange Act Rule 13d-1, 17 CFR 240.13d-1 ; ( ii ) A “beneficial owner” of a security refers to any person who, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise has or shares voting power, which includes the power to vote, or to direct the voting of, such security; and ( iii ) An “equity interest holder” refers to any person or entity that has the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of, a share. ( 2 ) An eligible U.S. public company shall use information that is known or reasonably should be known by the company in the ordinary course of business, as described in this paragraph, to identify the beneficial owners and equity interest holders of its voting and non-voting stock: ( i ) Information recorded in the company's share register; ( ii ) Information as to shares held by officers, directors, and employees; ( iii ) Information reported to the Securities and Exchange Commission (SEC) in Schedule 13D ( 17 CFR 240.13d-101 ) and in Schedule 13G ( 17 CFR 240.13d-102 ), including amendments filed by or on behalf of a reporting person, and company-specific information derived from SEC Form 13F ( 17 CFR 249.325 ); ( iv ) Information as to beneficial owners of shares required to be identified in a company's annual reports (or proxy statements) and quarterly reports; ( v ) Information as to the identify and citizenship of a beneficial owner and/or equity interest holder where such information is actually known to the public company as a result of shareholder litigation, financing transactions, and proxies voted at annual or other meetings; and ( vi ) Information as to the identity and citizenship of a beneficial owner and/or equity interest holder where such information is actually known to the company by whatever source. ( 3 ) An eligible U.S. public company shall use information that is known or reasonably should be known by the company in the ordinary course of business to determine the citizenship of the beneficial owners and equity interest holders, identified pursuant to paragraph (e)(2) of this section, including information recorded in the company's shareholder register, information required to be disclosed pursuant to rules of the Securities and Exchange Commission, other information that is publicly available to the company, and information received by the company through direct inquiries with the beneficial owners and equity interest holders where the company determines that direct inquiries are necessary to its compliance efforts. ( 4 ) A licensee or spectrum lessee that is, or is directly or indirectly controlled by, an eligible U.S. public company, shall exercise due diligence in identifying and determining the citizenship of such public company's beneficial owners and equity interest holders. ( 5 ) To calculate aggregate levels of foreign ownership, a licensee or spectrum lessee that is, or is directly or indirectly controlled by, an eligible U.S. public company, shall base its foreign ownership calculations on such public company's known or reasonably should be known foreign equity and voting interests as described in paragraphs (e)(2) and (3) of this section. The licensee shall aggregate the public company's known or reasonably should be known foreign voting interests and separately aggregate the public company's known or reasonably should be known foreign equity interests. If the public company's known or reasonably should be known foreign voting interests and its known or reasonably should be known foreign equity interests do not exceed 25 percent (20 percent in the case of an eligible publicly traded licensee subject to section 310(b)(3)) of the company's total outstanding voting shares or 25 percent (20 percent in the case of an eligible publicly traded licensee subject to Section 310(b)(3)) of the company's total outstanding shares (whether voting or non-voting), respectively, the company shall be deemed compliant, under this section, with the applicable statutory limit. Example. Assume that a licensee's controlling U.S. parent is an eligible U.S. public company. The publicly traded U.S. parent has one class of stock consisting of 100 total outstanding shares of common voting stock. The licensee (and/or the U.S. parent on its behalf) has exercised the required due diligence in following the above-described methodology for identifying and determining the citizenship of the U.S. parent's “known or reasonably should be known” interest holders and has identified one foreign shareholder that owns 6 shares ( i.e., 6 percent of the total outstanding shares) and another foreign shareholder that owns 4 shares ( i.e., 4 percent of the total outstanding shares). The licensee would add the U.S. parent's known foreign shares and divide the sum by the number of the U.S. parent's total outstanding shares. In this example, the licensee's U.S. parent would be calculated as having an aggregate 10 percent foreign equity interests and 10 percent foreign voting interests (6 + 4 foreign shares = 10 foreign shares; 10 foreign shares divided by 100 total outstanding shares = 10 percent). Thus, in this example, the licensee would be deemed compliant with Section 310(b)(4). [ 81 FR 86601 , Dec. 1, 2016, as amended at 88 FR 21435 , Apr. 10, 2023] § 1.5001 Contents of petitions for declaratory ruling under section 310(b) of the Communications Act of 1934, as amended. Cross Reference Link to an amendment published at 85 FR 76382 , Nov. 27, 2020. The petition for declaratory ruling required by § 1.5000(a)(1) and/or (2) shall contain the following information: ( a ) With respect to each petitioning applicant or licensee, provide its name; FCC Registration Number (FRN); mailing address; place of organization; telephone number; facsimile number (if available); electronic mail address (if available); type of business organization (e.g., corporation, unincorporated association, trust, general partnership, limited partnership, limited liability company, trust, other (include description of legal entity)); name and title of officer certifying to the information contained in the petition. ( b ) If the petitioning applicant or licensee is represented by a third party (e.g., legal counsel), specify that individual's name, the name of the firm or company, mailing address and telephone number/electronic mail address. ( c ) ( 1 ) For each named licensee, list the type(s) of radio service authorized (e.g., broadcast service, cellular radio telephone service; microwave radio service; mobile satellite service; aeronautical fixed service). In the case of broadcast licensees, also list the call sign, facility identification number (if applicable), and community of license or transmit site for each authorization covered by the petition. ( 2 ) If the petition is filed in connection with an application for a radio station license or a spectrum leasing arrangement, or an application to acquire a license or spectrum leasing arrangement by assignment or transfer of control, specify for each named applicant: ( i ) The File No(s). of the associated application(s), if available at the time the petition is filed; otherwise, specify the anticipated filing date for each application; and ( ii ) The type(s) of radio services covered by each application (e.g., broadcast service, cellular radio telephone service; microwave radio service; mobile satellite service; aeronautical fixed service). ( d ) With respect to each petitioner, include a statement as to whether the petitioner is requesting a declaratory ruling under § 1.5000(a)(1) and/or (2). ( e ) Disclosable interest holders—direct U.S. or foreign interests in the controlling U.S. parent. Paragraphs (e)(1) through (4) of this section apply only to petitions filed under § 1.5000(a)(1) and/or (2) for common carrier, aeronautical en route, and aeronautical fixed radio station applicants or licensees, as applicable. Petitions filed under § 1.5000(a)(1) for broadcast licensees shall provide the name of any individual or entity that holds, or would hold, directly, an attributable interest in the controlling U.S. parent of the petitioning broadcast station applicant(s) or licensee(s), as defined in the Notes to § 73.3555 of this chapter . Where no individual or entity holds, or would hold, directly, an attributable interest in the controlling U.S. parent (for petitions filed under § 1.5000(a)(1) ), the petition shall specify that no individual or entity holds, or would hold, directly, an attributable interest in the U.S. parent, applicant(s), or licensee(s). ( 1 ) Direct U.S. or foreign interests of ten percent or more or a controlling interest. With respect to petitions filed under § 1.5000(a)(1) , provide the name of any individual or entity that holds, or would hold, directly 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the controlling U.S. parent of the petitioning common carrier or aeronautical radio station applicant(s) or licensee(s) as specified in paragraphs (e)(4)(i) through (iv) of this section. ( 2 ) Direct U.S. or foreign interests of ten percent or more or a controlling interest. With respect to petitions filed under § 1.5000(a)(2) , provide the name of any individual or entity that holds, or would hold, directly 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in each petitioning common carrier applicant or licensee as specified in paragraphs (e)(4)(i) through (iv) of this section. ( 3 ) Where no individual or entity holds, or would hold, directly 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the controlling U.S. parent (for petitions filed under § 1.5000(a)(1) ) or in the applicant or licensee (for petitions filed under § 1.5000(a)(2) ), the petition shall state that no individual or entity holds or would hold directly 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the U.S. parent, applicant or licensee. ( 4 ) ( i ) Where a named U.S. parent, applicant, or licensee is organized as a corporation, provide the name of any individual or entity that holds, or would hold, 10 percent or more of the outstanding capital stock and/or voting stock, or a controlling interest. ( ii ) Where a named U.S. parent, applicant, or licensee is organized as a general partnership, provide the names of the partnership's constituent general partners. ( iii ) Where a named U.S. parent, applicant, or licensee is organized as a limited partnership or limited liability partnership, provide the name(s) of the general partner(s) (in the case of a limited partnership), any uninsulated partner, regardless of its equity interest, and any insulated partner with an equity interest in the partnership of at least 10 percent (calculated according to the percentage of the partner's capital contribution). With respect to each named partner (other than a named general partner), the petitioner shall state whether the partnership interest is insulated or uninsulated, based on the insulation criteria specified in § 1.5003 . ( iv ) Where a named U.S. parent, applicant, or licensee is organized as a limited liability company, provide the name(s) of each uninsulated member, regardless of its equity interest, any insulated member with an equity interest of at least 10 percent (calculated according to the percentage of its capital contribution), and any non-equity manager(s). With respect to each named member, the petitioner shall state whether the interest is insulated or uninsulated, based on the insulation criteria specified in § 1.5003 , and whether the member is a manager. Note to paragraph ( e ): The Commission presumes that a general partner of a general partnership or limited partnership has a controlling (100 percent) voting interest in the partnership. A general partner shall in all cases be deemed to hold an uninsulated interest in the partnership. ( f ) Disclosable interest holders—indirect U.S. or foreign interests in the controlling U.S. parent. Paragraphs (f)(1) through (3) of this section apply only to petitions filed under § 1.5000(a)(1) and/or § 1.5000(a)(2) for common carrier, aeronautical en route, and aeronautical fixed radio station applicants or licensees, as applicable. Petitions filed under § 1.5000(a)(1) for broadcast licensees shall provide the name of any individual or entity that holds, or would hold, indirectly, an attributable interest in the controlling U.S. parent of the petitioning broadcast station applicant(s) or licensee(s), as defined in the Notes to § 73.3555 of this chapter . Where no individual or entity holds, or would hold, indirectly, an attributable interest in the controlling U.S. parent (for petitions filed under § 1.5000(a)(1) ), the petition shall specify that no individual or entity holds, or would hold, indirectly, an attributable interest in the U.S. parent, applicant(s), or licensee(s). ( 1 ) Indirect U.S. or foreign interests of 10 percent or more or a controlling interest. With respect to petitions filed under § 1.5000(a)(1) , provide the name of any individual or entity that holds, or would hold, indirectly, through one or more intervening entities, 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the controlling U.S. parent of the petitioning common carrier or aeronautical radio station applicant(s) or licensee(s). Equity interests and voting interests held indirectly shall be calculated in accordance with the principles set forth in § 1.5002 . ( 2 ) Indirect U.S. or foreign interests of 10 percent or more or a controlling interest. With respect to petitions filed under § 1.5000(a)(2) , provide the name of any individual or entity that holds, or would hold, indirectly, through one or more intervening entities, 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the petitioning common carrier radio station applicant(s) or licensee(s). Equity interests and voting interests held indirectly shall be calculated in accordance with the principles set forth in § 1.5002 . ( 3 ) Where no individual or entity holds, or would hold, indirectly 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the controlling U.S. parent (for petitions filed under § 1.5000(a)(1) ) or in the petitioning applicant(s) or licensee(s) (for petitions filed under § 1.5000(a)(2) ), the petition shall specify that no individual or entity holds indirectly 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the U.S. parent, applicant(s), or licensee(s). Note to paragraph ( f ): The Commission presumes that a general partner of a general partnership or limited partnership has a controlling interest in the partnership. A general partner shall in all cases be deemed to hold an uninsulated interest in the partnership. ( g ) ( 1 ) Citizenship and other information for disclosable interests in common carrier, aeronautical en route, and aeronautical fixed radio station applicants and licensees. For each 10 percent interest holder named in response to paragraphs (e) and (f) of this section, specify the equity interest held and the voting interest held (each to the nearest one percent); in the case of an individual, his or her citizenship; and in the case of a business organization, its place of organization, type of business organization (e.g., corporation, unincorporated association, trust, general partnership, limited partnership, limited liability company, trust, other (include description of legal entity)), and principal business(es). ( 2 ) Citizenship and other information for disclosable interests in broadcast station applicants and licensees. For each attributable interest holder named in response to paragraphs (e) and (f) of this section, describe the nature of the attributable interest and, if applicable, specify the equity interest held and the voting interest held (each to the nearest one percent); in the case of an individual, his or her citizenship; and in the case of a business organization, its place of organization, type of business organization (e.g., corporation, unincorporated association, trust, general partnership, limited partnership, limited liability company, trust, other (include description of legal entity)), and principal business(es). ( h ) ( 1 ) Estimate of aggregate foreign ownership. For petitions filed under § 1.5000(a)(1) , attach an exhibit that provides a percentage estimate of the controlling U.S. parent's aggregate direct and/or indirect foreign equity interests and its aggregate direct and/or indirect foreign voting interests. For petitions filed under § 1.5000(a)(2) , attach an exhibit that provides a percentage estimate of the aggregate foreign equity interests and aggregate foreign voting interests held directly in the petitioning applicant(s) and/or licensee(s), if any, and the aggregate foreign equity interests and aggregate foreign voting interests held indirectly in the petitioning applicant(s) and/or licensee(s). The exhibit required by this paragraph must also provide a general description of the methods used to determine the percentages, and a statement addressing the circumstances that prompted the filing of the petition and demonstrating that the public interest would be served by grant of the petition. ( 2 ) Ownership and control structure. Attach an exhibit that describes the ownership and control structure of the applicant(s) and/or licensee(s) that are the subject of the petition, including an ownership diagram and identification of the real party-in-interest disclosed in any companion applications. The ownership diagram should illustrate the petitioner's vertical ownership structure, including the controlling U.S. parent named in the petition (for petitions filed under § 1.5000(a)(1) ) and either: ( i ) For common carrier, aeronautical en route, and aeronautical fixed radio station applicants and licensees, the direct and indirect ownership (equity and voting) interests held by the individual(s) and/or entity(ies) named in response to paragraphs (e) and (f) of this section; or ( ii ) For broadcast station applicants and licensees, the attributable interest holders named in response to paragraphs (e) and (f) of this section. Each such individual or entity shall be depicted in the ownership diagram and all controlling interests labeled as such. Where the petition includes multiple petitioners, the ownership of all petitioners may be depicted in a single ownership diagram or in multiple diagrams. ( i ) Requests for specific approval. Provide, as required or permitted by this paragraph, the name of each foreign individual and/or entity for which each petitioner requests specific approval, if any, and the respective percentages of equity and/or voting interests (to the nearest one percent) that each such foreign individual or entity holds, or would hold, directly and/or indirectly, in the controlling U.S. parent of the petitioning broadcast, common carrier or aeronautical radio station applicant(s) or licensee(s) for petitions filed under § 1.5000(a)(1) , and in each petitioning common carrier applicant or licensee for petitions filed under § 1.5000(a)(2) . ( 1 ) Each petitioning broadcast, common carrier or aeronautical radio station applicant or licensee filing under § 1.5000(a)(1) shall identify and request specific approval for any foreign individual, entity, or group of such individuals or entities that holds, or would hold, directly and/or indirectly, more than 5 percent of the equity and/or voting interests, or a controlling interest, in the petitioner's controlling U.S. parent unless the foreign investment is exempt under paragraph (i)(3) of this section. Equity and voting interests held indirectly in the petitioner's controlling U.S. parent shall be calculated in accordance with the principles set forth in §§ 1.5002 and 1.5003 . Equity and voting interests held directly in a petitioner's controlling U.S. parent that is organized as a partnership or limited liability company shall be calculated in accordance with Note 1 to paragraph (i)(3)(ii)(C) of this section. Note to paragraph ( i )(1): Solely for the purpose of identifying foreign interests that require specific approval under this paragraph (i) , broadcast station applicants and licensees filing petitions under § 1.5000(a)(1) should calculate equity and voting interests in accordance with the principles set forth in §§ 1.5002 and 1.5003 and not as set forth in the Notes to § 73.3555 of this chapter , to the extent that there are any differences in such calculation methods. Notwithstanding the foregoing, the insulation of limited partnership, limited liability partnership, and limited liability company interests for broadcast applicants and licensees shall be determined in accordance with Note 2(f) of § 73.3555 of this chapter . ( 2 ) Each petitioning common carrier radio station applicant or licensee filing under § 1.5000(a)(2) shall identify and request specific approval for any foreign individual, entity, or group of such individuals or entities that holds, or would hold, directly, and/or indirectly through one or more intervening U.S.-organized entities that do not control the applicant or licensee, more than 5 percent of the equity and/or voting interests in the applicant or licensee unless the foreign investment is exempt under paragraph (i)(3) of this section. Equity and voting interests held indirectly in the applicant or licensee shall be calculated in accordance with the principles set forth in §§ 1.5002 and 1.5003 . Equity and voting interests held directly in an applicant or licensee that is organized as a partnership or limited liability company shall be calculated in accordance with Note 1 to paragraph (i)(3)(ii)(C) of this section. Note 1 to paragraphs ( i )(1) and (2): Certain foreign interests of 5 percent or less may require specific approval under paragraphs (i)(1) and (2). See Note 2 to paragraph (i)(3)(ii)(C) of this section. Note 2 to paragraphs ( i )(1) and (2): Two or more individuals or entities will be treated as a “group” when they have agreed to act together for the purpose of acquiring, holding, voting, or disposing of their equity and/or voting interests in the licensee and/or controlling U.S. parent of the licensee or in any intermediate company(ies) through which any of the individuals or entities holds its interests in the licensee and/or controlling U.S. parent of the licensee. ( 3 ) A foreign investment is exempt from the specific approval requirements of paragraphs (i)(1) and (2) of this section where: ( i ) The foreign individual or entity holds, or would hold, directly and/or indirectly, no more than 10 percent of the equity and/or voting interests of the U.S. parent (for petitions filed under § 1.5000(a)(1) ) or the petitioning applicant or licensee (for petitions filed under § 1.5000(a)(2) ); and ( ii ) The foreign individual or entity does not hold, and would not hold, a controlling interest in the petitioner or any controlling parent company, does not plan or intend to change or influence control of the petitioner or any controlling parent company, does not possess or develop any such purpose, and does not take any action having such purpose or effect. The Commission will presume, in the absence of evidence to the contrary, that the following interests satisfy this criterion for exemption from the specific approval requirements in paragraphs (i)(1) and (2) of this section: ( A ) Where the petitioning applicant or licensee, controlling U.S. parent, or entity holding a direct or indirect equity and/or voting interest in the applicant/licensee or U.S. parent is a “public company,” as defined in § 1.5000(d)(9) , provided that the foreign holder is an institutional investor that is eligible to report its beneficial ownership interests in the company's voting, equity securities in excess of 5 percent (not to exceed 10 percent) pursuant to Exchange Act Rule 13d-1(b), 17 CFR 240.13d-1(b) , or a substantially comparable foreign law or regulation. This presumption shall not apply if the foreign individual, entity or group holding such interests is obligated to report its holdings in the company pursuant to Exchange Act Rule 13d-1(a), 17 CFR 240.13d-1(a) , or a substantially comparable foreign law or regulation. Example. Common carrier applicant (“Applicant”) is preparing a petition for declaratory ruling to request Commission approval for foreign ownership of its controlling, U.S.-organized parent (“U.S. Parent”) to exceed the 25 percent benchmark in section 310(b)(4) of the Act. Applicant does not currently hold any FCC licenses. Shares of U.S. Parent trade publicly on the New York Stock Exchange. Based on a review of its shareholder records, U.S. Parent has determined that its aggregate foreign ownership on any given day may exceed an aggregate 25 percent, including a 6 percent common stock interest held by a foreign-organized mutual fund (“Foreign Fund”). U.S. Parent has confirmed that Foreign Fund is not currently required to report its interest pursuant to Exchange Act Rule 13d-1(a) and instead is eligible to report its interest pursuant to Exchange Act Rule 13d-1(b). U.S. Parent also has confirmed that Foreign Fund does not hold any other interests in U.S. Parent's equity securities, whether of a class of voting or non-voting securities. Applicant may, but is not required to, request specific approval of Foreign Fund's 6 percent interest in U.S. Parent. Note to paragraph ( i )(3)( ii )(A): Where an institutional investor holds voting, equity securities that are subject to reporting under Exchange Act Rule 13d-1, 17 CFR 240.13d-1 , or a substantially comparable foreign law or regulation, in addition to equity securities that are not subject to such reporting, the investor's total capital stock interests may be aggregated and treated as exempt from the 5 percent specific approval requirement in paragraphs (i)(1) and (2) of this section so long as the aggregate amount of the institutional investor's holdings does not exceed 10 percent of the company's total capital stock or voting rights and the investor is eligible to certify under Exchange Act Rule 13d-1(b), 17 CFR 240.13d-1(b) , or a substantially comparable foreign law or regulation that it has acquired its capital stock interests in the ordinary course of business and not with the purpose nor with the effect of changing or influencing the control of the company. In calculating foreign equity and voting interests, the Commission does not consider convertible interests such as options, warrants and convertible debentures until converted, unless specifically requested by the petitioner, i.e., where the petitioner is requesting approval so those rights can be exercised in a particular case without further Commission approval. ( B ) Where the petitioning applicant or licensee, controlling U.S. parent, or entity holding a direct and/or indirect equity and/or voting interest in the applicant/licensee or U.S. parent is a “privately held” corporation, as defined in § 1.5000(d)(8) , provided that a shareholders' agreement, or similar voting agreement, prohibits the foreign holder from becoming actively involved in the management or operation of the corporation and limits the foreign holder's voting and consent rights, if any, to the minority shareholder protections listed in paragraph (i)(5) of this section. ( C ) Where the petitioning applicant or licensee, controlling U.S. parent, or entity holding a direct and/or indirect equity and/or voting interest in the licensee or U.S. parent is “privately held,” as defined in § 1.5000(d)(8) , and is organized as a limited partnership, limited liability company (“LLC”), or limited liability partnership (“LLP”), provided that the foreign holder is “insulated” in accordance with the criteria specified in § 1.5003 . Note 1 to paragraph ( i )(3)( ii )(C): For purposes of identifying foreign interests that require specific approval, where the petitioning applicant, licensee, or controlling U.S. parent is itself organized as a partnership or LLC, a general partner, uninsulated limited partner, uninsulated LLC member, and non-member LLC manager shall be deemed to hold a controlling (100 percent) voting interest in the applicant, licensee, or controlling U.S. parent. Note 2 to paragraph ( i )(3)( ii )(C): For purposes of identifying foreign interests that require specific approval, where interests are held indirectly in the petitioning applicant, licensee, or controlling U.S. parent through one or more intervening partnerships or LLCs, a general partner, uninsulated limited partner, uninsulated LLC members, and non-member LLC managers shall be deemed to hold the same voting interest as the partnership or LLC holds in the company situated in the next lower tier of the petitioner's vertical ownership chain and, ultimately, the same voting interest as the partnership or LLC is calculated as holding in the controlling U.S. parent (for petitions filed under § 1.5000(a)(1) ) or in the applicant or licensee (for petitions filed under § 1.5000(a)(2) ). See § 1.5002(b)(2)(ii)(A) and (b)(2)(iii)(A) . Where a limited partner or LLC member is insulated, the limited partner's or LLC member's voting interest in the controlling U.S. parent (for petitions filed under § 1.5000(a)(1) ), or in the applicant or licensee (for petitions filed under § 1.5000(a)(2) ) is calculated as equal to the limited partner's or LLC member's equity interest in the U.S. parent or in the applicant or licensee, respectively. See § 1.5002(b)(2)(ii)(B) and (b)(2)(iii)(B) . Thus, depending on the particular ownership structure presented in the petition, a foreign general partner, uninsulated limited partner, LLC member, or non-member LLC manager of an intervening partnership or LLC may be deemed to hold an indirect voting interest in the controlling U.S. parent or in the petitioning applicant or licensee that requires specific approval because the voting interest exceeds the 5 percent amount specified in paragraphs (i)(1) and (2) of this section and, unless the voting interest is otherwise insulated at a lower tier of the petitioner's vertical ownership chain, the voting interest would not qualify as exempt from specific approval under this paragraph (i)(3)(ii)(C) even in circumstances where the voting interest does not exceed 10 percent. ( 4 ) A petitioner may, but is not required to, request specific approval for any other foreign individual or entity that holds, or would hold, a direct and/or indirect equity and/or voting interest in the controlling U.S. parent (for petitions filed under § 1.5000(a)(1) ) or in the petitioning applicant or licensee (for petitions filed under § 1.5000(a)(2) ). ( 5 ) The minority shareholder protections referenced in paragraph (i)(3)(ii)(B) of this section consist of the following rights: ( i ) The power to prevent the sale or pledge of all or substantially all of the assets of the corporation or a voluntary filing for bankruptcy or liquidation; ( ii ) The power to prevent the corporation from entering into contracts with majority shareholders or their affiliates; ( iii ) The power to prevent the corporation from guaranteeing the obligations of majority shareholders or their affiliates; ( iv ) The power to purchase an additional interest in the corporation to prevent the dilution of the shareholder's pro rata interest in the event that the corporation issues additional instruments conveying shares in the company; ( v ) The power to prevent the change of existing legal rights or preferences of the shareholders, as provided in the charter, by-laws or other operative governance documents; ( vi ) The power to prevent the amendment of the charter, by-laws or other operative governance documents of the company with respect to the matters described in paragraph (i)(5)(i) through (v) of this section. ( 6 ) The Commission reserves the right to consider, on a case-by-case basis, whether voting or consent rights over matters other than those listed in paragraph (i)(5) of this section shall be considered permissible minority shareholder protections in a particular case. ( j ) For each foreign individual or entity named in response to paragraph (i) of this section, provide the following information: ( 1 ) In the case of an individual, his or her citizenship and principal business(es); ( 2 ) In the case of a business organization: ( i ) Its place of organization, type of business organization (e.g., corporation, unincorporated association, trust, general partnership, limited partnership, limited liability company, trust, other (include description of legal entity)), and principal business(es); ( ii ) ( A ) For common carrier, aeronautical en route, and aeronautical fixed radio station applicants and licensees, the name of any individual or entity that holds, or would hold, directly and/or indirectly, through one or more intervening entities, 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the foreign entity for which the petitioner requests specific approval. Specify for each such interest holder, his or her citizenship (for individuals) or place of legal organization (for entities). Equity interests and voting interests held indirectly shall be calculated in accordance with the principles set forth in § 1.5002 . ( B ) For broadcast applicants and licensees, the name of any individual or entity that holds, or would hold, directly and/or indirectly, through one or more intervening entities, an attributable interest in the foreign entity for which the petitioner requests specific approval. Specify for each such interest holder, his or her citizenship (for individuals) or place of legal organization (for entities). Attributable interests shall be calculated in accordance with the principles set forth in the Notes to § 73.3555 of this chapter . ( iii ) ( A ) For common carrier, aeronautical en route, and aeronautical fixed radio station applicants and licensees, where no individual or entity holds, or would hold, directly and/or indirectly, 10 percent or more of the equity interests and/or voting interests, or a controlling interest, the petition shall specify that no individual or entity holds, or would hold, directly and/or indirectly, 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the foreign entity for which the petitioner requests specific approval. ( B ) For broadcast applicants and licensees, where no individual or entity holds, or would hold, directly and/or indirectly, an attributable interest in the foreign entity, the petition shall specify that no individual or entity holds, or would hold, directly and/or indirectly, an attributable interest in the foreign entity for which the petitioner requests specific approval. ( k ) Requests for advance approval. The petitioner may, but is not required to, request advance approval in its petition for any foreign individual or entity named in response to paragraph (i) of this section to increase its direct and/or indirect equity and/or voting interests in the controlling U.S. parent of the broadcast, common carrier or aeronautical radio station licensee, for petitions filed under § 1.5000(a)(1) , and/or in the common carrier licensee, for petitions filed under § 1.5000(a)(2) , above the percentages specified in response to paragraph (i) of this section. Requests for advance approval shall be made as follows: ( 1 ) Petitions filed under § 1.5000(a)(1) . Where a foreign individual or entity named in response to paragraph (i) of this section holds, or would hold upon consummation of any transactions described in the petition, a de jure or de facto controlling interest in the controlling U.S. parent, the petitioner may request advance approval in its petition for the foreign individual or entity to increase its interests, at some future time, up to any amount, including 100 percent of the direct and/or indirect equity and/or voting interests in the U.S. parent. The petitioner shall specify for the named controlling foreign individual(s) or entity(ies) the maximum percentages of equity and/or voting interests for which advance approval is sought or, in lieu of a specific amount, state that the petitioner requests advance approval for the named controlling foreign individual or entity to increase its interests up to and including 100 percent of the U.S. parent's direct and/or indirect equity and/or voting interests. ( 2 ) Petitions filed under § 1.5000(a)(1) and/or (2). Where a foreign individual or entity named in response to paragraph (i) of this section holds, or would hold upon consummation of any transactions described in the petition, a non-controlling interest in the controlling U.S. parent of the licensee, for petitions filed under § 1.5000(a)(1) , or in the licensee, for petitions filed under § 1.5000(a)(2) , the petitioner may request advance approval in its petition for the foreign individual or entity to increase its interests, at some future time, up to any non-controlling amount not to exceed 49.99 percent. The petitioner shall specify for the named foreign individual(s) or entity(ies) the maximum percentages of equity and/or voting interests for which advance approval is sought or, in lieu of a specific amount, shall state that the petitioner requests advance approval for the named foreign individual(s) or entity(ies) to increase their interests up to and including a non-controlling 49.99 percent equity and/or voting interest in the licensee, for petitions filed under § 1.5000(a)(2) , or in the controlling U.S. parent of the licensee, for petitions filed under § 1.5000(a)(1) . ( l ) Each applicant, licensee, or spectrum lessee filing a petition for declaratory ruling shall certify to the information contained in the petition in accordance with the provisions of § 1.16 and the requirements of § 1.5000(c)(1) . § 1.5002 How to calculate indirect equity and voting interests. ( a ) The criteria specified in this section shall be used for purposes of calculating indirect equity and voting interests under § 1.5001 . ( b ) ( 1 ) Equity interests held indirectly in the licensee and/or controlling U.S. parent. Equity interests that are held by an individual or entity indirectly through one or more intervening entities shall be calculated by successive multiplication of the equity percentages for each link in the vertical ownership chain, regardless of whether any particular link in the chain represents a controlling interest in the company positioned in the next lower tier. Example (for rulings issued under § 1.5000(a)(1) ). Assume that a foreign individual holds a non-controlling 30 percent equity and voting interest in U.S.-organized Corporation A which, in turn, holds a non-controlling 40 percent equity and voting interest in U.S.-organized Parent Corporation B. The foreign individual's equity interest in U.S.-organized Parent Corporation B would be calculated by multiplying the foreign individual's equity interest in U.S.-organized Corporation A by that entity's equity interest in U.S.-organized Parent Corporation B. The foreign individual's equity interest in U.S.-organized Parent Corporation B would be calculated as 12 percent (30% × 40% = 12%). The result would be the same even if U.S.-organized Corporation A held a de facto controlling interest in U.S.-organized Parent Corporation B. ( 2 ) Voting interests held indirectly in the licensee and/or controlling U.S. parent. Voting interests that are held by any individual or entity indirectly through one or more intervening entities will be determined depending upon the type of business organization(s) in which the individual or entity holds a voting interest as follows: ( i ) Voting interests that are held through one or more intervening corporations shall be calculated by successive multiplication of the voting percentages for each link in the vertical ownership chain, except that wherever the voting interest for any link in the chain is equal to or exceeds 50 percent or represents actual control, it shall be treated as if it were a 100 percent interest. Example (for rulings issued under § 1.5000(a)(1) ). Assume that a foreign individual holds a non-controlling 30 percent equity and voting interest in U.S.-organized Corporation A which, in turn, holds a controlling 70 percent equity and voting interest in U.S.-organized Parent Corporation B. Because U.S.-organized Corporation A's 70 percent voting interest in U.S.-organized Parent Corporation B constitutes a controlling interest, it is treated as a 100 percent interest. The foreign individual's 30 percent voting interest in U.S.-organized Corporation A would flow through in its entirety to U.S. Parent Corporation B and thus be calculated as 30 percent (30% × 100% = 30%). ( ii ) Voting interests that are held through one or more intervening partnerships shall be calculated depending upon whether the individual or entity holds a general partnership interest, an uninsulated partnership interest, or an insulated partnership interest as specified in paragraphs (b)(2)(ii)(A) and (B) of this section. ( A ) General partnership and other uninsulated partnership interests. A general partner and uninsulated partner shall be deemed to hold the same voting interest as the partnership holds in the company situated in the next lower tier of the vertical ownership chain. A partner shall be treated as uninsulated unless the limited partnership agreement, limited liability partnership agreement, or other operative agreement satisfies the insulation criteria specified in § 1.5003 . ( B ) Insulated partnership interests. A partner of a limited partnership (other than a general partner) or partner of a limited liability partnership that satisfies the insulation criteria specified in § 1.5003 shall be treated as an insulated partner and shall be deemed to hold a voting interest in the partnership that is equal to the partner's equity interest. Note to paragraph ( b )(2)( ii ): The Commission presumes that a general partner of a general partnership or limited partnership has a controlling interest in the partnership. A general partner shall in all cases be deemed to hold an uninsulated interest in the partnership. ( iii ) Voting interests that are held through one or more intervening limited liability companies shall be calculated depending upon whether the individual or entity is a non-member manager, an uninsulated member or an insulated member as specified in paragraphs (b)(2)(iii)(A) and (B) of this section. ( A ) Non-member managers and uninsulated membership interests. A non-member manager and an uninsulated member of a limited liability company shall be deemed to hold the same voting interest as the limited liability company holds in the company situated in the next lower tier of the vertical ownership chain. A member shall be treated as uninsulated unless the limited liability company agreement satisfies the insulation criteria specified in § 1.5003 . ( B ) Insulated membership interests. A member of a limited liability company that satisfies the insulation criteria specified in § 1.5003 shall be treated as an insulated member and shall be deemed to hold a voting interest in the limited liability company that is equal to the member's equity interest. § 1.5003 Insulation criteria for interests in limited partnerships, limited liability partnerships, and limited liability companies. ( a ) A limited partner of a limited partnership and a partner of a limited liability partnership shall be treated as uninsulated within the meaning of § 1.5002(b)(2)(ii)(A) unless the partner is prohibited by the limited partnership agreement, limited liability partnership agreement, or other operative agreement from, and in fact is not engaged in, active involvement in the management or operation of the partnership and only the usual and customary investor protections are contained in the partnership agreement or other operative agreement. These criteria apply to any relevant limited partnership or limited liability partnership, whether it is the licensee, a controlling U.S.-organized parent, or any partnership situated above them in the vertical chain of ownership. Notwithstanding the foregoing, the insulation of limited partnership and limited liability partnership interests for broadcast applicants and licensees shall be determined in accordance with Note 2(f) of § 73.3555 of this chapter . ( b ) A member of a limited liability company shall be treated as uninsulated for purposes of § 1.5002(b)(2)(iii)(A) unless the member is prohibited by the limited liability company agreement from, and in fact is not engaged in, active involvement in the management or operation of the company and only the usual and customary investor protections are contained in the agreement. These criteria apply to any relevant limited liability company, whether it is the licensee, a controlling U.S.-organized parent, or any limited liability company situated above them in the vertical chain of ownership. Notwithstanding the foregoing, the insulation of limited liability company interests for broadcast applicants and licensees shall be determined in accordance with Note 2(f) of § 73.3555 of this chapter . ( c ) The usual and customary investor protections referred to in paragraphs (a) and (b) of this section shall consist of: ( 1 ) The power to prevent the sale or pledge of all or substantially all of the assets of the limited partnership, limited liability partnership, or limited liability company or a voluntary filing for bankruptcy or liquidation; ( 2 ) The power to prevent the limited partnership, limited liability partnership, or limited liability company from entering into contracts with majority investors or their affiliates; ( 3 ) The power to prevent the limited partnership, limited liability partnership, or limited liability company from guaranteeing the obligations of majority investors or their affiliates; ( 4 ) The power to purchase an additional interest in the limited partnership, limited liability partnership, or limited liability company to prevent the dilution of the partner's or member's pro rata interest in the event that the limited partnership, limited liability partnership, or limited liability company issues additional instruments conveying interests in the partnership or company; ( 5 ) The power to prevent the change of existing legal rights or preferences of the partners, members, or managers as provided in the limited partnership agreement, limited liability partnership agreement, or limited liability company agreement, or other operative agreement; ( 6 ) The power to vote on the removal of a general partner, managing partner, managing member, or other manager in situations where such individual or entity is subject to bankruptcy, insolvency, reorganization, or other proceedings relating to the relief of debtors; adjudicated insane or incompetent by a court of competent jurisdiction (in the case of a natural person); convicted of a felony; or otherwise removed for cause, as determined by an independent party; ( 7 ) The power to prevent the amendment of the limited partnership agreement, limited liability partnership agreement, or limited liability company agreement, or other organizational documents of the partnership or limited liability company with respect to the matters described in paragraph (c)(1) through (c)(6) of this section. ( d ) The Commission reserves the right to consider, on a case-by-case basis, whether voting or consent rights over matters other than those listed in paragraph (c) of this section shall be considered usual and customary investor protections in a particular case. § 1.5004 Routine terms and conditions. Foreign ownership rulings issued pursuant to §§ 1.5000 through 1.5004 shall be subject to the following terms and conditions, except as otherwise specified in a particular ruling: ( a ) ( 1 ) Aggregate allowance for rulings issued under § 1.5000(a)(1) . In addition to the foreign ownership interests approved specifically in a licensee's declaratory ruling issued pursuant to § 1.5000(a)(1) , the controlling U.S.-organized parent named in the ruling (or a U.S.-organized successor-in-interest formed as part of a pro forma reorganization) may be 100 percent owned, directly and/or indirectly through one or more U.S- or foreign-organized entities, on a going-forward basis ( i.e., after issuance of the ruling) by other foreign investors without prior Commission approval. This “100 percent aggregate allowance” is subject to the requirement that the licensee seek and obtain Commission approval before any foreign individual, entity, or “group” not previously approved acquires, directly and/or indirectly, more than 5 percent of the U.S. parent's outstanding capital stock (equity) and/or voting stock, or a controlling interest, with the exception of any foreign individual, entity, or “group” that acquires an equity and/or voting interest of 10 percent or less, provided that the interest is exempt under § 1.5001(i)(3) . ( 2 ) Aggregate allowance for rulings issued under § 1.5000(a)(2) . In addition to the foreign ownership interests approved specifically in a licensee's declaratory ruling issued pursuant to § 1.5000(a)(2) , the licensee(s) named in the ruling (or a U.S.-organized successor-in-interest formed as part of a pro forma reorganization) may be 100 percent owned on a going forward basis ( i.e., after issuance of the ruling) by other foreign investors holding interests in the licensee indirectly through U.S.-organized entities that do not control the licensee, without prior Commission approval. This “100 percent aggregate allowance” is subject to the requirement that the licensee seek and obtain Commission approval before any foreign individual, entity, or “group” not previously approved acquires directly and/or indirectly, through one or more U.S.-organized entities that do not control the licensee, more than 5 percent of the licensee's outstanding capital stock (equity) and/or voting stock, with the exception of any foreign individual, entity, or “group” that acquires an equity and/or voting interest of 10 percent or less, provided that the interest is exempt under § 1.5001(i)(3) . Foreign ownership interests held directly in a licensee shall not be permitted to exceed an aggregate 20 percent of the licensee's equity and/or voting interests. Note to paragraph ( a ): Licensees have an obligation to monitor and stay ahead of changes in foreign ownership of their controlling U.S.-organized parent companies (for rulings issued pursuant to § 1.5000(a)(1) ) and/or in the licensee itself (for rulings issued pursuant to § 1.5000(a)(2) ), to ensure that the licensee obtains Commission approval before a change in foreign ownership renders the licensee out of compliance with the terms and conditions of its declaratory ruling(s) or the Commission's rules. Licensees, their controlling parent companies, and other entities in the licensee's vertical ownership chain may need to place restrictions in their bylaws or other organizational documents to enable the licensee to ensure compliance with the terms and conditions of its declaratory ruling(s) and the Commission's rules. Example 1 (for rulings issued under § 1.5000(a)(1) ). U.S. Corp. files an application for a common carrier license. U.S. Corp. is wholly owned and controlled by U.S. Parent, which is a newly formed, privately held Delaware Corporation in which no single shareholder has de jure or de facto control. A shareholder's agreement provides that a five-member board of directors shall govern the affairs of the company; five named shareholders shall be entitled to one seat and one vote on the board; and all decisions of the board shall be determined by majority vote. The five named shareholders and their respective equity interests are as follows: Foreign Entity A, which is wholly owned and controlled by a foreign citizen (5 percent); Foreign Entity B, which is wholly owned and controlled by a foreign citizen (10 percent); Foreign Entity C, a foreign public company with no controlling shareholder (20 percent); Foreign Entity D, a foreign pension fund that is controlled by a foreign citizen and in which no individual or entity has a pecuniary interest exceeding one percent (21 percent); and U.S. Entity E, a U.S. public company with no controlling shareholder (25 percent). The remaining 19 percent of U.S. Parent's shares are held by three foreign-organized entities as follows: F (4 percent), G (6 percent), and H (9 percent). Under the shareholders' agreement, voting rights of F, G, and H are limited to the minority shareholder protections listed in § 1.5001(i)(5) . Further, the agreement expressly prohibits G and H from becoming actively involved in the management or operation of U.S. Parent and U.S. Corp. As required by the rules, U.S. Corp. files a section 310(b)(4) petition concurrently with its application. The petition identifies and requests specific approval for the ownership interests held in U.S. Parent by Foreign Entity A and its sole shareholder (5 percent equity and 20 percent voting interest); Foreign Entity B and its sole shareholder (10 percent equity and 20 percent voting interest), Foreign Entity C (20 percent equity and 20 percent voting interest), and Foreign Entity D (21 percent equity and 20 percent voting interest) and its fund manager (20 percent voting interest). The Commission's ruling specifically approves these foreign interests. The ruling also provides that, on a going-forward basis, U.S. Parent may be 100 percent owned in the aggregate, directly and/or indirectly, by other foreign investors, subject to the requirement that U.S. Corp. seek and obtain Commission approval before any previously unapproved foreign investor acquires more than 5 percent of U.S. Parent's equity and/or voting interests, or a controlling interest, with the exception of any foreign investor that acquires an equity and/or voting interest of ten percent or less, provided that the interest is exempt under § 1.991(i)(3) . In this case, foreign entities F, G, and H would each be considered a previously unapproved foreign investor (along with any new foreign investors). However, prior approval for F, G and H would only apply to an increase of F's interest above 5 percent (because the ten percent exemption under § 1.5001(i)(3) does not apply to F) or to an increase of G's or H's interest above 10 percent (because G and H do qualify for this exemption). U.S. Corp. would also need Commission approval before Foreign Entity D appoints a new fund manager that is a non-U.S. citizen and before Foreign Entities A, B, C, or D increase their respective equity and/or voting interests in U.S. Parent, unless the petition previously sought and obtained Commission approval for such increases (up to non-controlling 49.99 percent interests). ( See § 1.5001(k)(2) .) Foreign shareholders of Foreign Entity C and U.S. Entity E would also be considered previously unapproved foreign investors. Thus, Commission approval would be required before any foreign shareholder of Foreign Entity C or U.S. Entity E acquires (1) a controlling interest in either company; or (2) a non-controlling equity and/or voting interest in either company that, when multiplied by the company's equity and/or voting interests in U.S. Parent, would exceed 5 percent of U.S. Parent's equity and/or voting interests, unless the interest is exempt under § 1.5001(i)(3) . Example 2 (for rulings issued under § 1.5000(a)(2) ). Assume that the following three U.S.-organized entities hold non-controlling equity and voting interests in common carrier Licensee, which is a privately held corporation organized in Delaware: U.S. corporation A (30 percent); U.S. corporation B (30 percent); and U.S. corporation C (40 percent). Licensee's shareholders are wholly owned by foreign individuals X, Y, and Z, respectively. Licensee has received a declaratory ruling under § 1.5000(a)(2) specifically approving the 30 percent foreign ownership interests held in Licensee by each of X and Y (through U.S. corporation A and U.S. corporation B, respectively) and the 40 percent foreign ownership interest held in Licensee by Z (through U.S. corporation C). On a going-forward basis, Licensee may be 100 percent owned in the aggregate by X, Y, Z, and other foreign investors holding interests in Licensee indirectly, through U.S.-organized entities that do not control Licensee, subject to the requirement that Licensee obtain Commission approval before any previously unapproved foreign investor acquires more than 5 percent of Licensee's equity and/or voting interests, with the exception of any foreign investor that acquires an equity and/or voting interest of 10 percent or less, provided that the interest is exempt under § 1.5001(i)(3) . In this case, any foreign investor other than X, Y, and Z would be considered a previously unapproved foreign investor. Licensee would also need Commission approval before X, Y, or Z increases its equity and/or voting interests in Licensee unless the petition previously sought and obtained Commission approval for such increases (up to non-controlling 49.99 percent interests). ( See § 1.5001(k)(2) .) ( b ) Subsidiaries and affiliates. A foreign ownership ruling issued to a licensee shall cover it and any U.S.-organized subsidiary or affiliate, as defined in § 1.5000(d) , whether the subsidiary or affiliate existed at the time the ruling was issued or was formed or acquired subsequently, provided that the foreign ownership of the licensee named in the ruling, and of the subsidiary and/or affiliate, remains in compliance with the terms and conditions of the licensee's ruling and the Commission's rules. ( 1 ) The subsidiary or affiliate of a licensee named in a foreign ownership ruling issued under § 1.5000(a)(1) may rely on that ruling for purposes of filing its own application for an initial broadcast, common carrier or aeronautical license or spectrum leasing arrangement, or an application to acquire such license or spectrum leasing arrangement by assignment or transfer of control provided that the subsidiary or affiliate, and the licensee named in the ruling, each certifies in the application that its foreign ownership is in compliance with the terms and conditions of the foreign ownership ruling and the Commission's rules. ( 2 ) The subsidiary or affiliate of a licensee named in a foreign ownership ruling issued under § 1.5000(a)(2) may rely on that ruling for purposes of filing its own application for an initial common carrier radio station license or spectrum leasing arrangement, or an application to acquire such license or spectrum leasing arrangement by assignment or transfer of control provided that the subsidiary or affiliate, and the licensee named in the ruling, each certifies in the application that its foreign ownership is in compliance with the terms and conditions of the foreign ownership ruling and the Commission's rules. ( 3 ) The certifications required by paragraphs (b)(1) and (2) of this section shall also include the citation(s) of the relevant ruling(s) ( i.e., the DA or FCC Number, FCC Record citation when available, and release date). ( c ) Insertion of new controlling foreign-organized companies. ( 1 ) Where a licensee's foreign ownership ruling specifically authorizes a named, foreign investor to hold a controlling interest in the licensee's controlling U.S.-organized parent, for rulings issued under § 1.5000(a)(1) , or in an intervening U.S.-organized entity that does not control the licensee, for rulings issued under § 1.5000(a)(2) , the ruling shall permit the insertion of new, controlling foreign-organized companies in the vertical ownership chain above the controlling U.S. parent, for rulings issued under § 1.5000(a)(1) , or above an intervening U.S.-organized entity that does not control the licensee, for rulings issued under § 1.5000(a)(2) , without prior Commission approval provided that any new foreign-organized company(ies) are under 100 percent common ownership and control with the foreign investor approved in the ruling. ( 2 ) Where a previously unapproved foreign-organized entity is inserted into the vertical ownership chain of a licensee, or its controlling U.S.-organized parent, without prior Commission approval pursuant to paragraph (c)(1) of this section, the licensee shall file a letter to the attention of the Chief, Office of International Affairs, within 30 days after the insertion of the new, foreign-organized entity. The letter must include the name of the new, foreign-organized entity and a certification by the licensee that the entity complies with the 100 percent common ownership and control requirement in paragraph (c)(1) of this section. The letter must also reference the licensee's foreign ownership ruling(s) by ICFS File No. and FCC Record citation, if available. This letter notification need not be filed if the ownership change is instead the subject of a pro forma application or pro forma notification already filed with the Commission pursuant to the relevant broadcast service rules, wireless radio service rules or satellite radio service rules applicable to the licensee. Note to paragraph ( c )(2): For broadcast stations, in order to insert a previously unapproved foreign-organized entity that is under 100 percent common ownership and control with the foreign investor approved in the ruling into the vertical ownership chain of the licensee's controlling U.S.-organized parent, as described in paragraph (c)(1) of this section, the licensee must always file a pro forma application requesting prior consent of the FCC pursuant to section 73.3540(f) of this chapter . ( 3 ) Nothing in this section is intended to affect any requirements for prior approval under 47 U.S.C. 310(d) or conditions for forbearance from the requirements of 47 U.S.C. 310(d) pursuant to 47 U.S.C. 160 . Example (for rulings issued under § 1.5000(a)(1) ). Licensee of a common carrier license receives a foreign ownership ruling under § 1.5000(a)(1) that authorizes its controlling, U.S.-organized parent (“U.S. Parent A”) to be wholly owned and controlled by a foreign-organized company (“Foreign Company”). Foreign Company is minority owned (20 percent) by U.S.-organized Corporation B, with the remaining 80 percent controlling interest held by Foreign Citizen C. After issuance of the ruling, Foreign Company forms a wholly-owned, foreign-organized subsidiary (“Foreign Subsidiary”) to hold all of Foreign Company's shares in U.S. Parent A. There are no other changes in the direct or indirect foreign ownership of U.S. Parent A. The insertion of Foreign Subsidiary into the vertical ownership chain between Foreign Company and U.S. Parent A would not require prior Commission approval, except for any approval otherwise required pursuant to section 310(d) of the Communications Act and not exempt therefrom as a pro forma transfer of control under § 1.948(c)(1) . Example (for rulings issued under § 1.5000(a)(2) ). An applicant for a common carrier license receives a foreign ownership ruling under § 1.5000(a)(2) that authorizes a foreign-organized company (“Foreign Company”) to hold a non-controlling 44 percent equity and voting interest in the applicant through Foreign Company's wholly-owned, U.S.-organized subsidiary, U.S. Corporation A, which holds the non-controlling 44 percent interest directly in the applicant. The remaining 56 percent of the applicant's equity and voting interests are held by its controlling U.S.-organized parent, which has no foreign ownership. After issuance of the ruling, Foreign Company forms a wholly-owned, foreign-organized subsidiary to hold all of Foreign Company's shares in U.S. Corporation A. There are no other changes in the direct or indirect foreign ownership of U.S. Corporation A. The insertion of the foreign-organized subsidiary into the vertical ownership chain between Foreign Company and U.S. Corporation A would not require prior Commission approval. ( d ) Insertion of new non-controlling foreign-organized companies. ( 1 ) Where a licensee's foreign ownership ruling specifically authorizes a named, foreign investor to hold a non-controlling interest in the licensee's controlling U.S.-organized parent, for rulings issued under § 1.5000(a)(1) , or in an intervening U.S.-organized entity that does not control the licensee, for rulings issued under § 1.5000(a)(2) , the ruling shall permit the insertion of new, foreign-organized companies in the vertical ownership chain above the controlling U.S. parent, for rulings issued under § 1.5000(a)(1) , or above an intervening U.S.-organized entity that does not control the licensee, for rulings issued under § 1.5000(a)(2) , without prior Commission approval provided that any new foreign-organized company(ies) are under 100 percent common ownership and control with the foreign investor approved in the ruling. Note to paragraph ( d )(1): Where a licensee has received a foreign ownership ruling under § 1.5000(a)(2) and the ruling specifically authorizes a named, foreign investor to hold a non-controlling interest directly in the licensee (subject to the 20 percent aggregate limit on direct foreign investment), the ruling shall permit the insertion of new, foreign-organized companies in the vertical ownership chain of the approved foreign investor without prior Commission approval provided that any new foreign-organized companies are under 100 percent common ownership and control with the approved foreign investor. Example (for rulings issued under § 1.5000(a)(1) ). Licensee receives a foreign ownership ruling under § 1.5000(a)(1) that authorizes a foreign-organized company (“Foreign Company”) to hold a non-controlling 30 percent equity and voting interest in Licensee's controlling, U.S.-organized parent (“U.S. Parent A”). The remaining 70 percent equity and voting interests in U.S. Parent A are held by U.S.-organized entities which have no foreign ownership. After issuance of the ruling, Foreign Company forms a wholly-owned, foreign-organized subsidiary (“Foreign Subsidiary”) to hold all of Foreign Company's shares in U.S. Parent A. There are no other changes in the direct or indirect foreign ownership of U.S. Parent A. The insertion of Foreign Subsidiary into the vertical ownership chain between Foreign Company and U.S. Parent A would not require prior Commission approval. Example (for rulings issued under § 1.5000(a)(2) ). Licensee receives a foreign ownership ruling under § 1.5000(a)(2) that authorizes a foreign-organized entity (“Foreign Company”) to hold approximately 24 percent of Licensee's equity and voting interests, through Foreign Company's non-controlling 48 percent equity and voting interest in a U.S.-organized entity, U.S. Corporation A, which holds a non-controlling 49 percent equity and voting interest directly in Licensee. (A U.S. citizen holds the remaining 52 percent equity and voting interests in U.S. Corporation A, and the remaining 51 percent equity and voting interests in Licensee are held by its U.S.-organized parent, which has no foreign ownership. After issuance of the ruling, Foreign Company forms a wholly-owned, foreign-organized subsidiary (“Foreign Subsidiary”) to hold all of Foreign Company's shares in U.S. Corporation A. There are no other changes in the direct or indirect foreign ownership of U.S. Corporation A. The insertion of Foreign Subsidiary into the vertical ownership chain between Foreign Company and U.S. Corporation A would not require prior Commission approval. ( 2 ) Where a previously unapproved foreign-organized entity is inserted into the vertical ownership chain of a licensee, or its controlling U.S.-organized parent, without prior Commission approval pursuant to paragraph (d)(1) of this section, the licensee shall file a letter to the attention of the Chief, Office of International Affairs, within 30 days after the insertion of the new, foreign-organized entity; or in the case of a broadcast licensee, the licensee shall file a letter to the attention of the Chief, Media Bureau, within 30 days after the insertion of the new, foreign-organized entity. The letter must include the name of the new, foreign-organized entity and a certification by the licensee that the entity complies with the 100 percent common ownership and control requirement in paragraph (d)(1) of this section. The letter must also reference the licensee's foreign ownership ruling(s) by ICFS File No. and FCC Record citation, if available; or, if a broadcast licensee, the letter must reference the licensee's foreign ownership ruling(s) by CDBS File No., Docket No., call sign(s), facility identification number(s), and FCC Record citation, if available. This letter notification need not be filed if the ownership change is instead the subject of a pro forma application or pro forma notification already filed with the Commission pursuant to the relevant broadcast service, wireless radio service rules or satellite radio service rules applicable to the licensee. ( e ) New petition for declaratory ruling required. A licensee that has received a foreign ownership ruling, including a U.S.-organized successor-in-interest to such licensee formed as part of a pro forma reorganization, or any subsidiary or affiliate relying on such licensee's ruling pursuant to paragraph (b) of this section, shall file a new petition for declaratory ruling under § 1.5000 to obtain Commission approval before its foreign ownership exceeds the routine terms and conditions of this section, and/or any specific terms or conditions of its ruling. ( f ) Continuing compliance. ( 1 ) Except as specified in paragraph (f)(3) of this section, if at any time the licensee, including any successor-in-interest and any subsidiary or affiliate as described in paragraph (b) of this section, knows, or has reason to know, that it is no longer in compliance with its foreign ownership ruling or the Commission's rules relating to foreign ownership, it shall file a statement with the Commission explaining the circumstances within 30 days of the date it knew, or had reason to know, that it was no longer in compliance therewith. Subsequent actions taken by or on behalf of the licensee to remedy its non-compliance shall not relieve it of the obligation to notify the Commission of the circumstances (including duration) of non-compliance. Such licensee and any controlling companies, whether U.S.- or foreign-organized, shall be subject to enforcement action by the Commission for such non-compliance, including an order requiring divestiture of the investor's direct and/or indirect interests in such entities. ( 2 ) Any individual or entity that, directly or indirectly, creates or uses a trust, proxy, power of attorney, or any other contract, arrangement, or device with the purpose or effect of divesting itself, or preventing the vesting, of an equity interest or voting interest in the licensee, or in a controlling U.S. parent company, as part of a plan or scheme to evade the application of the Commission's rules or policies under section 310(b) shall be subject to enforcement action by the Commission, including an order requiring divestiture of the investor's direct and/or indirect interests in such entities. ( 3 ) Where the controlling U.S. parent of a broadcast, common carrier, aeronautical en route, or aeronautical fixed radio station licensee or common carrier spectrum lessee is an eligible U.S. public company within the meaning of § 1.5000(e) , the licensee may file a remedial petition for declaratory ruling under § 1.5000(a)(1) seeking approval of particular foreign equity and/or voting interests that are non-compliant with the licensee's foreign ownership ruling or the Commission's rules relating to foreign ownership; or, alternatively, the licensee may remedy the non-compliance by, for example, redeeming the foreign interest(s) that rendered the licensee non-compliant with the licensee's existing foreign ownership ruling. In either case, the Commission does not expect to take enforcement action related to the non-compliance subject to the requirements specified in paragraphs (f)(3)(i) and (ii) of this section and except as otherwise provided in paragraph (f)(3)(iii) of this section. ( i ) The licensee shall notify the relevant Bureau by letter no later than 10 days after learning of the investment(s) that rendered the licensee non-compliant with its foreign ownership ruling or the Commission's rules relating to foreign ownership and specify in the letter that it will file a petition for declaratory ruling under § 1.5000(a)(1) or, alternatively, take remedial action to come into compliance within 30 days of the date it learned of the non-compliant foreign interest(s). ( ii ) The licensee shall demonstrate in its petition for declaratory ruling (or in a letter notifying the relevant Bureau that the non-compliance has been timely remedied) that the licensee's non-compliance with the terms of the licensee's existing foreign ownership ruling or the foreign ownership rules was due solely to circumstances beyond the licensee's control that were not reasonably foreseeable to or known by the licensee with the exercise of the required due diligence. ( iii ) Where the licensee has opted to file a petition for declaratory ruling under § 1.5000(a)(1) , the Commission will not require that the licensee's U.S. parent redeem the non-compliant foreign interest(s) or take other action to remedy the non-compliance during the pendency of the licensee's petition. If the Commission ultimately declines to approve the petition, however, the licensee must have a mechanism available to come into compliance with the terms of its existing ruling within 30 days following the Commission's decision. The Commission reserves the right to require immediate remedial action by the licensee where the Commission finds in a particular case that the public interest requires such action—for example, where, after consultation with the relevant Executive Branch agencies, the Commission finds that the non-compliant foreign interest presents national security or other significant concerns that require immediate mitigation. ( 4 ) Where a publicly traded common carrier licensee is an eligible U.S. public company within the meaning of § 1.5000(e) , the licensee may file a remedial petition for declaratory ruling under § 1.5000(a)(2) seeking approval of particular foreign equity and/or voting interests that are non-compliant with the licensee's foreign ownership ruling or the Commission's rules relating to foreign ownership; or, alternatively, the licensee may remedy the non-compliance by, for example, redeeming the foreign interest(s) that rendered the licensee non-compliant with the licensee's existing foreign ownership ruling. In either case, the Commission does not, as a general rule, expect to take enforcement action related to the non-compliance subject to the requirements specified in paragraphs (f)(3)(i) and (f)(3)(ii) of this section and except as otherwise provided in paragraph (f)(3)(iii) of this section. Note 1 to paragraph ( f )(4): For purposes of this paragraph, the provisions in paragraphs (f)(3)(i) through (f)(3)(iii) that refer to petitions for declaratory ruling under § 1.5000(a)(1) shall be read as referring to petitions for declaratory ruling under § 1.5000(a)(2) . [ 81 FR 86601 , Dec. 1, 2016, as amended at 88 FR 21435 , Apr. 10, 2023] Subpart U—State and Local Government Regulation of the Placement, Construction, and Modification of Personal Wireless Service Facilities Source: 83 FR 51884 , Oct. 15, 2018, unless otherwise noted. § 1.6001 Purpose. This subpart implements 47 U.S.C. 332(c)(7) and 1455 . § 1.6002 Definitions. Terms not specifically defined in this section or elsewhere in this subpart have the meanings defined in this part and the Communications Act of 1934, 47 U.S.C. 151 et seq. Terms used in this subpart have the following meanings: ( a ) Action or to act on a siting application means a siting authority's grant of a siting application or issuance of a written decision denying a siting application. ( b ) Antenna, consistent with § 1.1320(d) , means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under part 15 of this chapter . ( c ) Antenna equipment, consistent with § 1.1320(d) , means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna. ( d ) Antenna facility means an antenna and associated antenna equipment. ( e ) Applicant means a person or entity that submits a siting application and the agents, employees, and contractors of such person or entity. ( f ) Authorization means any approval that a siting authority must issue under applicable law prior to the deployment of personal wireless service facilities, including, but not limited to, zoning approval and building permit. ( g ) Collocation, consistent with § 1.1320(d) and the Nationwide Programmatic Agreement (NPA) for the Collocation of Wireless Antennas, appendix B of this part , section I.B, means— ( 1 ) Mounting or installing an antenna facility on a pre-existing structure; and/or ( 2 ) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. ( 3 ) The definition of “collocation” in § 1.6100(b)(2) applies to the term as used in that section. ( h ) Deployment means placement, construction, or modification of a personal wireless service facility. ( i ) Facility or personal wireless service facility means an antenna facility or a structure that is used for the provision of personal wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services. ( j ) Siting application or application means a written submission to a siting authority requesting authorization for the deployment of a personal wireless service facility at a specified location. ( k ) Siting authority means a State government, local government, or instrumentality of a State government or local government, including any official or organizational unit thereof, whose authorization is necessary prior to the deployment of personal wireless service facilities. ( l ) Small wireless facilities are facilities that meet each of the following conditions: ( 1 ) The facilities— ( i ) Are mounted on structures 50 feet or less in height including their antennas as defined in § 1.1320(d) ; or ( ii ) Are mounted on structures no more than 10 percent taller than other adjacent structures; or ( iii ) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; ( 2 ) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in § 1.1320(d) ), is no more than three cubic feet in volume; ( 3 ) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; ( 4 ) The facilities do not require antenna structure registration under part 17 of this chapter ; ( 5 ) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x) ; and ( 6 ) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in § 1.1307(b) . ( m ) Structure means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services). [ 83 FR 51884 , Oct. 15, 2018, as amended at 84 FR 59567 , Nov. 5, 2019] § 1.6003 Reasonable periods of time to act on siting applications. ( a ) Timely action required. A siting authority that fails to act on a siting application on or before the shot clock date for the application, as defined in paragraph (e) of this section, is presumed not to have acted within a reasonable period of time. ( b ) Shot clock period. The shot clock period for a siting application is the sum of— ( 1 ) The number of days of the presumptively reasonable period of time for the pertinent type of application, pursuant to paragraph (c) of this section; plus ( 2 ) The number of days of the tolling period, if any, pursuant to paragraph (d) of this section. ( c ) Presumptively reasonable periods of time — ( 1 ) Review periods for individual applications. The following are the presumptively reasonable periods of time for action on applications seeking authorization for deployments in the categories set forth in paragraphs (c)(1)(i) through (iv) of this section: ( i ) Review of an application to collocate a Small Wireless Facility using an existing structure: 60 days. ( ii ) Review of an application to collocate a facility other than a Small Wireless Facility using an existing structure: 90 days. ( iii ) Review of an application to deploy a Small Wireless Facility using a new structure: 90 days. ( iv ) Review of an application to deploy a facility other than a Small Wireless Facility using a new structure: 150 days. ( 2 ) Batching. ( i ) If a single application seeks authorization for multiple deployments, all of which fall within a category set forth in either paragraph (c)(1)(i) or (iii) of this section, then the presumptively reasonable period of time for the application as a whole is equal to that for a single deployment within that category. ( ii ) If a single application seeks authorization for multiple deployments, the components of which are a mix of deployments that fall within paragraph (c)(1)(i) of this section and deployments that fall within paragraph (c)(1)(iii) of this section, then the presumptively reasonable period of time for the application as a whole is 90 days. ( iii ) Siting authorities may not refuse to accept applications under paragraphs (c)(2)(i) and (ii) of this section. ( d ) Tolling period. Unless a written agreement between the applicant and the siting authority provides otherwise, the tolling period for an application (if any) is as set forth in paragraphs (d)(1) through (3) of this section. ( 1 ) For an initial application to deploy Small Wireless Facilities, if the siting authority notifies the applicant on or before the 10th day after submission that the application is materially incomplete, and clearly and specifically identifies the missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information, the shot clock date calculation shall restart at zero on the date on which the applicant submits all the documents and information identified by the siting authority to render the application complete. ( 2 ) For all other initial applications, the tolling period shall be the number of days from— ( i ) The day after the date when the siting authority notifies the applicant in writing that the application is materially incomplete and clearly and specifically identifies the missing documents or information that the applicant must submit to render the application complete and the specific rule or regulation creating this obligation; until ( ii ) The date when the applicant submits all the documents and information identified by the siting authority to render the application complete; ( iii ) But only if the notice pursuant to paragraph (d)(2)(i) of this section is effectuated on or before the 30th day after the date when the application was submitted; or ( 3 ) For resubmitted applications following a notice of deficiency, the tolling period shall be the number of days from— ( i ) The day after the date when the siting authority notifies the applicant in writing that the applicant's supplemental submission was not sufficient to render the application complete and clearly and specifically identifies the missing documents or information that need to be submitted based on the siting authority's original request under paragraph (d)(1) or (2) of this section; until ( ii ) The date when the applicant submits all the documents and information identified by the siting authority to render the application complete; ( iii ) But only if the notice pursuant to paragraph (d)(3)(i) of this section is effectuated on or before the 10th day after the date when the applicant makes a supplemental submission in response to the siting authority's request under paragraph (d)(1) or (2) of this section. ( e ) Shot clock date. The shot clock date for a siting application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of calendar days of the shot clock period identified pursuant to paragraph (b) of this section and including any pre-application period asserted by the siting authority; provided, that if the date calculated in this manner is a “holiday” as defined in § 1.4(e)(1) or a legal holiday within the relevant State or local jurisdiction, the shot clock date is the next business day after such date. The term “business day” means any day as defined in § 1.4(e)(2) and any day that is not a legal holiday as defined by the State or local jurisdiction. § 1.6100 Wireless Facility Modifications. ( a ) [Reserved] ( b ) Definitions. Terms used in this section have the following meanings. ( 1 ) Base station. A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower. ( i ) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. ( ii ) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks). ( iii ) The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in paragraphs (b)(1)(i) through (ii) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. ( iv ) The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in paragraphs (b)(1)(i)-(ii) of this section. ( 2 ) Collocation. The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. ( 3 ) Eligible facilities request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: ( i ) Collocation of new transmission equipment; ( ii ) Removal of transmission equipment; or ( iii ) Replacement of transmission equipment. ( 4 ) Eligible support structure. Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the State or local government under this section. ( 5 ) Existing. A constructed tower or base station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. ( 6 ) Site. For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a State or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the section 6409(a) process. ( 7 ) Substantial change. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria: ( i ) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; ( A ) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act. ( ii ) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; ( iii ) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure; ( iv ) It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site; ( v ) It would defeat the concealment elements of the eligible support structure; or ( vi ) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in § 1.40001(b)(7)(i) through (iv) . ( 8 ) Transmission equipment. Equipment that facilitates transmission for any Commission-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. ( 9 ) Tower. Any structure built for the sole or primary purpose of supporting any Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. ( c ) Review of applications. A State or local government may not deny and shall approve any eligible facilities request for modification of an eligible support structure that does not substantially change the physical dimensions of such structure. ( 1 ) Documentation requirement for review. When an applicant asserts in writing that a request for modification is covered by this section, a State or local government may require the applicant to provide documentation or information only to the extent reasonably related to determining whether the request meets the requirements of this section. A State or local government may not require an applicant to submit any other documentation, including but not limited to documentation intended to illustrate the need for such wireless facilities or to justify the business decision to modify such wireless facilities. ( 2 ) Timeframe for review. Within 60 days of the date on which an applicant submits a request seeking approval under this section, the State or local government shall approve the application unless it determines that the application is not covered by this section. ( 3 ) Tolling of the timeframe for review. The 60-day period begins to run when the application is filed, and may be tolled only by mutual agreement or in cases where the reviewing State or local government determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications. ( i ) To toll the timeframe for incompleteness, the reviewing State or local government must provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information. Such delineated information is limited to documents or information meeting the standard under paragraph (c)(1) of this section. ( ii ) The timeframe for review begins running again when the applicant makes a supplemental submission in response to the State or local government's notice of incompleteness. ( iii ) Following a supplemental submission, the State or local government will have 10 days to notify the applicant that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this paragraph (c)(3) . Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness. ( 4 ) Failure to act. In the event the reviewing State or local government fails to approve or deny a request seeking approval under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. ( 5 ) Remedies. Applicants and reviewing authorities may bring claims related to Section 6409(a) to any court of competent jurisdiction. [ 80 FR 1269 , Jan. 8, 2015. Redesignated and amended at 83 FR 51886 , Oct. 15, 2018; 85 FR 78018 , Dec. 3, 2020] Subpart V—Commission Collection of Advanced Telecommunications Capability Data and Local Exchange Competition Data Source: 65 FR 19684 , Apr. 12, 2000; 65 FR 24654 , Apr. 27, 2000, unless otherwise noted. § 1.7000 Purpose. The purposes of this subpart are to set out the terms by which certain commercial and government-controlled entities report data to the Commission concerning: ( a ) The provision of wired and wireless local telephone services and interconnected Voice over internet Protocol services; ( b ) The deployment of advanced telecommunications capability, as defined in 47 U.S.C. 1302 , and services that are competitive with advanced telecommunications capability; and ( c ) The availability and quality of service of broadband internet access service. [ 85 FR 50907 , Aug. 18, 2020] § 1.7001 Scope and content of filed reports. ( a ) Definitions. Terms used in this subpart have the following meanings: ( 1 ) Broadband connection. A wired line, wireless channel, or satellite service that terminates at an end user location or mobile device and enables the end user to receive information from and/or send information to the internet at information transfer rates exceeding 200 kilobits per second (kbps) in at least one direction. ( 2 ) Facilities-based provider. An entity is a facilities-based provider of a service if it supplies such service using facilities that satisfy any of the following criteria: ( i ) Physical facilities that the entity owns and that terminate at the end-user premises; ( ii ) Facilities that the entity has obtained the right to use from other entities, such as dark fiber or satellite transponder capacity as part of its own network, or has obtained; ( iii ) Unbundled network element (UNE) loops, special access lines, or other leased facilities that the entity uses to complete terminations to the end-user premises; ( iv ) Wireless spectrum for which the entity holds a license or that the entity manages or has obtained the right to use via a spectrum leasing arrangement or comparable arrangement pursuant to subpart X of this Part ( §§ 1.9001-1.9080 ); or ( v ) Unlicensed spectrum. ( 3 ) End user. A residential, business, institutional, or government entity that subscribes to a service, uses that service for its own purposes, and does not resell that service to other entities. ( 4 ) Local telephone service. Telephone exchange or exchange access service (as defined in 47 U.S.C. 153 (20 and (54)) provided by a common carrier or its affiliate (as defined in 47 U.S.C. 153(2) ). ( 5 ) Mobile telephony service. Mobile telephony (as defined in § 20.15 of this chapter ) provided to end users by a commercial mobile radio service (CMRS) provider. ( 6 ) Broadband internet access service. Has the meaning given the term in § 8.1(b) of this chapter . ( 7 ) Broadband map. The map created by the Commission under 47 U.S.C. 642(c)(1)(A) . ( 8 ) Cell edge probability. The likelihood that the minimum threshold download and upload speeds with respect to broadband internet access service will be met or exceeded at a distance from a base station that is intended to indicate the ultimate edge of the coverage area of a cell. ( 9 ) Cell loading. The percentage of the available air interface resources of a base station that are used by consumers with respect to broadband internet access service. ( 10 ) Clutter. A natural or man-made surface feature that affects the propagation of a signal from a base station. ( 11 ) Fabric. The Broadband Serviceable Location Fabric established under 47 U.S.C. 642(b)(1)(B) . ( 12 ) FCC Form 477. Form 477 of the Commission relating to local telephone competition and broadband reporting. ( 13 ) Indian Tribe. Has the meaning given the term “Indian tribe” in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). ( 14 ) Mobility Fund Phase II. The second phase of the proceeding to provide universal service support from the Mobility Fund (WC Docket No. 10-90; WT Docket No. 10-208). ( 15 ) Propagation model. A mathematical formulation for the characterization of radio wave propagation as a function of frequency, distance, and other conditions. ( 16 ) Provider. A facilities-based provider of fixed or mobile broadband internet access service. ( 17 ) Quality of service. With respect to broadband internet access service, the download and upload speeds, and latency if applicable, with respect to that service, as determined by, and to the extent otherwise collected by, the Commission. ( 18 ) Shapefile. A digital storage format containing geospatial or location-based data and attribute information regarding the availability of broadband internet access service and that can be viewed, edited, and mapped in geographic information system software. ( 19 ) Standard broadband installation. The initiation by a provider of fixed broadband internet access service in an area in which the provider has not previously offered that service, with no charges or delays attributable to the extension of the network of the provider, and includes the initiation of fixed broadband internet access service through routine installation that can be completed not later than 10 business days after the date on which the service request is submitted. ( 20 ) H3 standardized geospatial indexing system. A system developed by Uber Technologies, Inc., that overlays the Earth with hexagonal cells of different sizes at various resolutions. The smallest hexagonal cells are at resolution 15, in which the average hexagonal cell has an area of approximately 0.9 square meters, and the largest are at resolution 0, in which the average hexagonal cell has an area of approximately 4.25 million square kilometers. Hexagonal cells across different resolutions are referred to as a “hex-n” cell, where n is the resolution ( e.g., “hex-15” for the smallest size hexagonal cell). The H3 standardized geospatial indexing system employs a nested cell structure wherein a lower resolution hexagonal cell (the “parent”) contains approximately seven hexagonal cells at the next highest resolution (its “children”). That is, a hex-1 cell is the “parent” of seven hex-2 cells, each hex-2 cell is the parent of seven hex-3 cells, and so on. ( b ) The following entities shall file with the Commission a completed FCC Form 477, in accordance with the Commission's rules and the instructions to the FCC Form 477: ( 1 ) Facilities-based providers of broadband service; ( 2 ) Providers of local telephone service; ( 3 ) Facilities-based providers of mobile telephony service; and ( 4 ) Providers of Interconnected Voice over internet Protocol (VoIP) service (as defined in § 9.3 of this chapter ) to end users. ( c ) Respondents identified in paragraph (b) of this section shall include in each report a certification signed by an appropriate official of the respondent (as specified in the instructions to FCC Form 477) and shall report the title of their certifying official. ( d ) Disclosure of data contained in FCC Form 477 will be addressed as follows: ( 1 ) Emergency operations contact information contained in FCC Form 477 is information that should not be routinely available for public inspection pursuant to section 0.457 of this chapter , in addition to other information that should not be routinely available for public inspection pursuant to § 0.457 . ( 2 ) ( i ) Respondents may request that provider-specific subscription information in FCC Form 477 filings be treated as confidential and be withheld from public inspection by so indicating on Form 477 at the time that they submit such data. ( ii ) The Commission will release the following information in FCC Form 477 filings to the public, and respondents may not request confidential treatment of such information: ( A ) Provider-specific mobile deployment data; ( B ) Data regarding minimum advertised or expected speed for mobile broadband services; and ( C ) Location information that is necessary to permit accurate broadband mapping, including crowdsourcing or challenge processes. ( 3 ) Respondents seeking confidential treatment of any other data contained in FCC Form 477 must submit a request that the data be treated as confidential with the submission of their Form 477 filing, along with their reasons for withholding the information from the public, pursuant to § 0.459 of this chapter . ( 4 ) The Commission shall make all decisions regarding non-disclosure of provider-specific information, except that the Chiefs of the Office of International Affairs, Space Bureau, Wireless Telecommunications Bureau, Wireline Competition Bureau, or Office of Economics and Analytics may release provider-specific information to: ( i ) A state commission, provided that the state commission has protections in place that would preclude disclosure of any confidential information, ( ii ) “Eligible entities,” as those entities are defined in the Broadband Data Improvement Act, in an aggregated format and pursuant to confidentiality conditions prescribed by the Commission, and ( iii ) Others, to the extent that access to such data can be accomplished in a manner that addresses concerns about the competitive sensitivity of the data and precludes public disclosure of any confidential information. ( e ) Respondents identified in paragraph (b) of this section shall file a revised version of FCC Form 477 if and when they discover a significant error in their filed FCC Form 477. For counts, a difference amounting to 5 percent of the filed number is considered significant. For percentages, a difference of 5 percentage points is considered significant. ( f ) Failure to file the FCC Form 477 in accordance with the Commission's rules and the instructions to the Form 477 may lead to enforcement action pursuant to the Act and any other applicable law. [ 65 FR 19684 , Apr. 12, 2000; 65 FR 24654 , Apr. 27, 2000, as amended at 67 FR 13224 , Mar. 21, 2002; 69 FR 77938 , Dec. 29, 2004; 69 FR 72027 , Dec. 10, 2004; 73 FR 37881 , July 2, 2008; 78 FR 45470 , July 29, 2013; 78 FR 49148 , Aug. 13, 2013; 84 FR 43723 , Aug. 22, 2019; 85 FR 838 , Jan. 8, 2020; 85 FR 50907 , Aug. 18, 2020; 86 FR 18159 , Apr. 7, 2021; 87 FR 21509 , Apr. 11, 2022; 88 FR 21435 , Apr. 10, 2023] § 1.7002 Frequency of reports. Entities subject to the provisions of § 1.7001 shall file reports semi-annually. Reports shall be filed each year on or before March 1st (reporting data required on FCC Form 477 as of December 31 of the prior year) and September 1st (reporting data required on FCC Form 477 as of June 30 of the current year). Entities becoming subject to the provisions of § 1.7001 for the first time within a calendar year shall file data for the reporting period in which they become eligible and semi-annually thereafter. [ 78 FR 49148 , Aug. 13, 2013] § 1.7003 Authority to update FCC Form 477. The Office of International Affairs, Space Bureau, Wireless Telecommunications Bureau, Wireline Competition Bureau, and Office of Economics and Analytics may update the specific content of data to be submitted on FCC Form 477 as necessary to reflect changes over time in transmission technologies, spectrum usage, Geographical Information Systems (GIS) and other data storage and processing functionalities, and other related matters; and may implement any technical improvements or other clarifications to the filing mechanism and forms. [ 88 FR 21435 , Apr. 10, 2023] § 1.7004 Scope, content, and frequency of Digital Opportunity Data Collection filings. ( a ) All providers shall make biannual filings with the Commission in the Digital Opportunity Data Collection portal in accordance with this subpart. ( b ) Digital Opportunity Data Collection filings shall be made each year on or before March 1 (reporting data as of December 31 of the prior year) and September 1 (reporting data as of June 30 of the current year). Providers becoming subject to the provisions of this section for the first time shall file data initially for the reporting period in which they become eligible. ( c ) Providers shall include in their filings data relating to the availability and quality of service of their broadband internet access service in accordance with this subpart. ( 1 ) Each provider of terrestrial fixed or satellite broadband internet access service shall submit polygon shapefiles or a list of addresses or locations, and each provider of fixed wireless broadband internet access service shall submit propagation maps and model details that reflect the speeds and latency of its service or a list of addresses or locations, that document the areas where the provider has actually built out its broadband network infrastructure, such that the provider is able to provide service, and where the provider is capable of performing a standard broadband installation. Each provider's submission shall include the details of how it generated its polygon shapefiles, propagation maps and model details, or list of addresses or locations. In addition, fixed broadband internet service providers shall indicate, for each polygon shapefile or location they submit in the Digital Opportunity Data Collection, whether the reported service is available to residential customers and/or business customers. ( i ) Each provider of fixed broadband internet access service shall report the maximum advertised download and upload speeds associated with its broadband internet access service available in an area. However, for service offered at speeds below 25 Mbps downstream/3 Mbps upstream, providers shall report the maximum advertised download and upload speeds associated with the service using two speed tiers: One for speeds greater than 200 kbps in at least one direction and less than 10 Mbps downstream/1 Mbps upstream, and another for speeds greater than or equal to 10 Mbps downstream/1 Mbps upstream and less than 25 Mbps downstream/3 Mbps upstream. ( ii ) Each provider of fixed broadband internet access service shall indicate in its Digital Opportunity Data Collection filing whether the network round-trip latency associated with each maximum speed combination reported in a particular geographic area is less than or equal to 100 milliseconds (ms), based on the 95th percentile of measurements. ( iii ) Terrestrial fixed providers using certain wireline technologies may not report coverage that exceeds a defined maximum distance from an aggregation point, including the drop distance, or that exceeds 500 feet from a deployed line or distribution network infrastructure to the parcel boundary of a served location. ( A ) Terrestrial fixed providers using Digital Subscriber Line technology shall not report coverage that exceeds 6,600 route feet from the digital subscriber line access multiplexer to the customer premises for speeds offered at or above 25 Mbps downstream, 3 Mbps upstream. Providers that offer Digital Subscriber Line service in areas at speeds less than 25 Mbps downstream, 3 Mbps upstream shall not be subject to a maximum buffer requirement for such areas. ( B ) Terrestrial fixed providers using Fiber to the Premises technology shall not report coverage that exceeds 196,000 route feet from the optical line termination point to the optical network termination point. ( C ) Terrestrial fixed providers using Hybrid Fiber Coaxial Cable technology shall not report coverage that exceeds 12,000 route feet from the aggregation point to the customer premises. ( D ) Locations can be reported as served beyond the maximum distances to the extent that: ( 1 ) A provider has a current subscriber at a location beyond the bounds of the applicable maximum distance; ( 2 ) A provider previously had a broadband subscriber, using the same technology, at a location beyond the bounds of the maximum distance; ( 3 ) A provider is receiving or has received universal service support to provide broadband service in a particular geographic area—or has other Federal, state, or local obligations to make service available in the area—and the provider has begun to make service available in that area; or ( 4 ) A provider receives a waiver to report coverage beyond the maximum distances. ( iv ) Fixed wireless service providers that submit coverage maps shall submit propagation maps and propagation model details based on the following parameters: ( A ) A cell edge probability of not less than 75% of receiving the maximum advertised download and upload speeds; ( B ) A cell loading factor of not less than 50%; and ( C ) Receiver heights within a range of four to seven meters. ( 2 ) Fixed wireless service providers that submit coverage maps shall provide the following information with their propagation maps and model details: ( i ) The name of the radio network planning tool(s) used, along with information including: ( A ) The version number of the planning tool; ( B ) The name of the planning tool's developer; ( C ) The granularity of the model ( e.g., 3-arc-second square points); and ( D ) Affirmation that the coverage model has been validated and calibrated at least one time using on the ground testing and/or other real-world measurements completed by the provider or its vendor. ( ii ) The following base station information: ( A ) Frequency band(s) used to provide the service being mapped; ( B ) Information about whether and how carrier aggregation is used; ( C ) The radio technologies used on each frequency band ( e.g., 802.11ac-derived orthogonal frequency division multiplexing modulation (OFDM), proprietary OFDM, long-term evolution (LTE)); and ( D ) The elevation above ground for each base station. ( E ) The geographic coordinates. ( iii ) The following terrain and clutter information: ( A ) The name and vintage of the datasets used; ( B ) The resolution of clutter data; ( C ) A list of clutter categories used with a description of each; and ( D ) The link budget and a description of the other parameters used in the propagation model, including predicted signal strength. ( iv ) Information on the height and power values used for receivers/customer premises equipment (CPE) antennas in their modeling (height must be within a range of four to seven meters). ( 3 ) Mobile providers must submit coverage maps based on the following specified parameters: ( i ) For 3G services—a minimum expected user download speed of 200 kbps and user upload speed of 50 kbps at the cell edge; for 4G LTE services—a minimum expected user download speed of 5 Mbps and user upload speed of 1 Mbps at the cell edge; for 5G-NR services—a minimum expected user download speed of 7 Mbps and user upload speed of 1 Mbps, and a minimum expected user download speed of 35 Mbps and user upload speed of 3 Mbps at the cell edge. ( ii ) For each of the mobile broadband technologies, 3G, 4G LTE, and 5G-NR, and for mobile voice services, the provider's coverage maps must reflect coverage areas where users should expect to receive the minimum required download and upload speeds with cell edge coverage probability of not less than 90% and a cell loading of not less than 50%. ( iii ) For each of the mobile broadband technologies, 3G, 4G LTE, and 5G-NR, and for mobile voice services, the provider's coverage maps must account for terrain and clutter and use terrain and clutter data with a resolution of 100 meters or better. Each coverage map must have a resolution of 100 meters or better. ( iv ) For each of the mobile broadband technologies, 3G, 4G LTE, and 5G-NR, and for mobile voice services, the provider's coverage maps must be submitted in vector format. ( v ) For each 4G LTE or 5G-NR propagation map that a provider submits, the provider also must submit a second set of maps showing Reference Signal Received Power (RSRP) signal levels in dBm, as would be measured at the industry standard of 1.5 meters above ground level (AGL), from each active cell site. A second set of maps showing Received Signal Strength Indicator (RSSI) signal levels for each 3G propagation map a provider submits is only required in areas where 3G is the only technology the provider offers. The RSSI and RSRP values should be provided in 10 dB increments or finer beginning with a maximum value of −50 dBm and continuing to −120 dBm. ( 4 ) Mobile providers must disclose the following information regarding their radio network planning tools: ( i ) The name of the planning tool; ( ii ) The version number used to produce the map; ( iii ) The name of the developer of the planning tool; ( iv ) Affirmation that the coverage model has been validated and calibrated at least one time using drive test and/or other real-world measurements completed by the provider or its vendors, to include a brief summary of the process and date of calibration; and ( v ) The propagation model or models used. If multiple models are used, the provider should include a brief description of the circumstances under which each model is deployed ( e.g., model X is used in urban areas, while model Y is used in rural areas) and include any sites where conditions deviate; and ( vi ) The granularity of the models used ( e.g., 3-arc-second square points, bin sizes, and other parameters). ( 5 ) Propagation maps submitted by providers must depict outdoor coverage, to include both on-street or pedestrian stationary usage, and in-vehicle mobile usage. ( 6 ) Mobile providers must disclose all applicable link-budgets used to design their networks and provide service at the defined speeds, and all parameters and parameter values included in those link budgets, including the following information: ( i ) A description of how the provider developed the link budget(s) and the rationale for using specific values in the link budget(s); and ( ii ) The name of the creator, developer or supplier, as well as the vintage of the terrain and clutter datasets used, the specific resolution of the data, and a list of clutter categories used, a description of each clutter category, and a description of the propagation loss due to clutter for each. ( 7 ) For each of the categories of data providers must disclose to the Commission, providers must submit reasonable parameter values and propagation models consistent with how they model their services when designing their networks. In no case may any provider omit link budget parameters or otherwise fail to account for constraints on their coverage projections. ( d ) Providers shall include in each Digital Opportunity Data Collection filing a certification signed by a corporate officer of the provider that the officer has examined the information contained in the submission and that, to the best of the officer's actual knowledge, information, and belief, all statements of fact contained in the submission are true and correct. All providers also shall submit a certification of the accuracy of its submissions by a qualified engineer. The engineering certification shall state that the certified professional engineer or corporate engineering officer is employed by the provider and has direct knowledge of, or responsibility for, the generation of the provider's Digital Opportunity Data Collection filing. If a corporate officer is also an engineer and has the requisite knowledge required under the Broadband DATA Act, a provider may submit a single certification that fulfills both requirements. The certified professional engineer or corporate engineering officer shall certify that he or she has examined the information contained in the submission and that, to the best of the engineer's actual knowledge, information, and belief, all statements of fact contained in the submission are true and correct, and in accordance with the service provider's ordinary course of network design and engineering. [ 85 FR 50907 , Aug. 18, 2020, as amended at 86 FR 18159 , Apr. 7, 2021] § 1.7005 Disclosure of data in the Fabric and Digital Opportunity Data Collection filings. ( a ) The Commission shall protect the security, privacy, and confidentiality of non-public or competitively sensitive information submitted by entities or individuals, including information contained in the Fabric, the dataset supporting the Fabric, and availability data submitted pursuant to § 1.7004 , by: ( 1 ) Withholding from public inspection all data required to be kept confidential pursuant to § 0.457 of this chapter and all personally identifiable information submitted in connection with the information contained in the Fabric, the dataset supporting the Fabric, and availability data submitted pursuant to § 1.7004 ; and ( 2 ) Subject to contractual or license restrictions, making public all other information received about the status of broadband internet access service availability at specific locations, including geographic coordinates and street addresses, whether a provider has reported availability at a location, and whether an entity or individual has disputed a report of broadband internet access service availability at such location. ( b ) Providers may request that provider-specific subscription information in Digital Opportunity Data Act filings be treated as confidential and be withheld from public inspection by so indicating on the filing at the time that they submit such data. ( c ) Providers seeking confidential treatment of any other data contained in their Digital Opportunity Data Collection filings must submit a request that the data be treated as confidential with the submission of their filing, along with their reasons for withholding the information from the public, pursuant to § 0.459 of this chapter . ( d ) The Commission shall make all decisions regarding non-disclosure of provider-specific information. ( e ) The Commission shall release the following information in Digital Opportunity Data Collection filings to the public, and providers may not request confidential treatment of such information: ( 1 ) Provider-specific mobile deployment data; ( 2 ) Data regarding minimum advertised or expected speed for mobile broadband internet access services; and ( 3 ) Location information that is necessary to permit accurate broadband mapping, including as part of the crowdsourcing or challenge processes. [ 85 FR 50907 , Aug. 18, 2020] § 1.7006 Data verification. ( a ) Audits. The Commission shall conduct regular audits of the information submitted by providers in their Digital Opportunity Data Collection filings. The audits: ( 1 ) May be random, as determined by the Commission; or ( 2 ) Can be required in cases where there may be patterns of filing incorrect information, as determined by the Commission. ( b ) Crowdsourcing process. Entities or individuals may submit in the Commission's online portal specific information regarding the deployment and availability of broadband internet access service so that it may be used to verify and supplement information submitted by providers for potential inclusion in the coverage maps. ( 1 ) Crowdsourced data filers shall provide: ( i ) Contact information of the filer ( e.g., name, address, phone number, and email); ( ii ) The location that is the subject of the filing, including the street address and/or coordinates (latitude and longitude) of the location; ( iii ) The name of the provider; ( iv ) Any relevant details disputing the deployment and availability of broadband internet access service at the location; and ( v ) A certification that to the best of the filer's actual knowledge, information, and belief, all statements in the filing are true and correct. ( 2 ) On-the-ground crowdsourced data must include the metrics and meet the testing parameters described in paragraphs (c)(1)(i) and (ii) of this section, except that the data may include any combination of download speed and upload speed rather than both. ( 3 ) The online portal shall notify a provider of a crowdsourced data filing against it, but a provider is not required to respond to a crowdsourced data filing. ( 4 ) If, as a result of crowdsourced data and/or other available data, the Commission determines that a provider's coverage information is likely not accurate, then the provider shall be subject to a verification inquiry consistent with the mobile verification process described in paragraph (c) of this section. ( 5 ) All information submitted as part of the crowdsourcing process shall be made public via the Commission's website, with the exception of personally identifiable information and any data required to be confidential under § 0.457 of this chapter . ( c ) Mobile service verification process for mobile providers. Mobile service providers must submit either infrastructure information or on-the-ground test data in response to a request by Commission staff as part of its inquiry to independently verify the accuracy of the mobile provider's coverage propagation models and maps. In addition to submitting either on-the-ground data or infrastructure data, a provider may also submit data collected from transmitter monitoring software. The Office of Economics and Analytics and the Wireless Telecommunications Bureau may require the submission of additional data when necessary to complete a verification inquiry. A provider must submit its data, in the case of both infrastructure information and on-the-ground data, within 60 days of receiving a Commission staff request. Regarding on-the-ground data, a provider must submit evidence of network performance based on a sample of on-the-ground tests that is statistically appropriate for the area tested. A provider must verify coverage of a sampled area using the H3 geospatial indexing system at resolution 8. The on-the-ground tests will be evaluated to confirm, using a one-sided 95% statistical confidence interval, that the cell coverage is 90% or higher. In submitting data in response to a verification request, a provider must record at least two tests within each of the randomly selected hexagons where the time of the tests are at least four hours apart, irrespective of date, unless, for any sampled hexagon, the provider has and submits alongside its speed tests actual cell loading data for the cell(s) covering the hexagon sufficient to establish that median loading, measured in 15-minute intervals, did not exceed the modeled loading factor for the one-week period prior to the verification inquiry, in which case the provider is required to submit only a single test for the sampled hexagon. We will treat any tests within the sampled accessible point-hex that are outside the coverage area as valid in the case where tests were not recorded within the coverage area. If the required sampled point-hex continue to have missing tests, we will also consider tests that fall slightly outside the required point-hex but within the typical Global Positioning System (GPS) average user range error as valid when no tests are recorded within the point-hex. If the sampled point-hex still has missing tests, we would set those missing required speed tests as negative tests when performing the final adjudication. For in-vehicle mobile tests, providers must conduct tests with the antenna located inside the vehicle. ( 1 ) When a mobile service provider chooses to demonstrate mobile broadband coverage availability by submitting on-the-ground data, the mobile service provider must provide valid on-the-ground tests within a Commission-identified statistically valid and unbiased sample of its network. ( i ) On-the-ground test data must meet the following testing parameters: ( A ) A minimum test length of 5 seconds and a maximum test length of 30 seconds. These test length parameters apply individually to download speed, upload speed, and round-trip latency measurements, and do not include ramp up time. The minimum test duration requirement will be relaxed once a download or upload test measurement has transferred at least 1,000 megabytes of data; ( B ) Reporting test measurement results that have been averaged over the duration of the test ( i.e., total bits received divided by total test time); and ( C ) Conducted outdoors between the hours of 6:00 a.m. and 10:00 p.m. local time; and ( ii ) On-the-ground test data must include the following metrics for each test: ( A ) Testing app name and version; ( B ) Timestamp and duration of each test metric; ( C ) Geographic coordinates ( i.e., latitude/longitude) measured at the start and end of each test metric measured with typical GPS Standard Positioning Service accuracy or better, along with location accuracy; ( D ) Consumer-grade device type(s), brand/model, and operating system used for the test; ( E ) Name and identity of the service provider being tested; ( F ) Location of test server ( e.g., hostname or IP address); ( G ) Signal strength, signal quality, unique identifier, and radiofrequency metrics of each serving cell, where available; ( H ) Download speed; ( I ) Upload speed; ( J ) Round-trip latency; ( K ) Whether the test was taken in an in-vehicle mobile or outdoor, pedestrian stationary environment; ( L ) For an in-vehicle test, the speed the vehicle was traveling when the test was taken, where available; ( M ) An indication of whether the test failed to establish a connection with a mobile network at the time and place it was initiated; ( N ) The network technology ( e.g., 4G LTE (Long Term Evolution), 5G-NR (New Radio)) and spectrum bands used for the test; and ( O ) All other metrics required per the most recent specification for mobile test data adopted by Office of Economics and Analytics and the Wireless Telecommunications Bureau in accordance with 5 U.S.C. 553 . ( 2 ) When a mobile service provider chooses to demonstrate mobile broadband coverage availability by submitting infrastructure data, the mobile service provider must submit such data for all cell sites and antennas that serve or interfere with the targeted area. ( i ) Infrastructure data must include the following information for each cell site that the provider uses to provide service for the area subject to the verification inquiry: ( A ) The latitude and longitude of the cell site measured with typical GPS Standard Positioning Service accuracy or better; ( B ) The cell and site ID number for each cell site; ( C ) The ground elevation above mean sea level (AMSL) of the site (in meters); ( D ) Frequency band(s) used to provide service for each site being mapped including channel bandwidth (in megahertz); ( E ) Radio technologies used on each band for each site; ( F ) Capacity (megabits per second (Mbps)) and type of backhaul used at each cell site; ( G ) Number of sectors at each cell site; ( H ) Effective Isotropic Radiated Power (EIRP, in decibel-milliwatts (dBm)) of the sector at the time the mobile provider creates its map of the coverage data; ( I ) Geographic coordinates of each transmitter site measured with typical GPS Standard Positioning Service accuracy or better; ( J ) Per site classification ( e.g., urban, suburban, or rural); ( K ) Elevation above ground level for each base station antenna and other transmit antenna specifications ( i.e., the make and model, beamwidth (in degrees), radiation pattern, and orientation (azimuth and any electrical and/or mechanical down-tilt in degrees) at each cell site); ( L ) Operate transmit power of the radio equipment at each cell site; ( M ) Throughput and associated required signal strength and signal-to-noise ratio; ( N ) Cell loading distribution; ( O ) Areas enabled with carrier aggregation and a list of band combinations; and ( P ) Any additional parameters and fields that are listed in the most-recent specifications for wireless infrastructure data released by the Office of Economics and Analytics and the Wireless Telecommunications Bureau in accordance with 5 U.S.C. 553 . ( ii ) [Reserved] ( d ) Fixed service challenge process. State, local, and Tribal governmental entities, consumers, and other entities or individuals may submit data in an online portal to challenge the accuracy of the coverage maps at a particular location, any information submitted by a provider regarding the availability of broadband internet access service, or the Fabric. ( 1 ) Challengers must provide in their submissions: ( i ) Name and contact information ( e.g., address, phone number, email); ( ii ) The street address or geographic coordinates (latitude/longitude) of the location(s) at which broadband internet access service coverage is being challenged; ( iii ) Name of provider whose reported coverage information is being challenged; ( iv ) Category of dispute, selected from pre-established options on the portal; ( v ) For consumers challenging availability data or the coverage maps, evidence and details of a request for service (or attempted request for service), including the date, method, and content of the request and details of the response from the provider, or evidence showing no availability at the disputed location ( e.g., screen shot, emails); ( vi ) For government or other entities, evidence and details about the dispute, including: ( A ) The challenger's methodology, ( B ) the basis for determinations underlying the challenge, and ( C ) communications with provider, if any, and outcome; ( vii ) For challengers disputing locations in the Broadband Location Fabric, details and evidence about the disputed location; ( viii ) For customer or potential customer availability or coverage map challengers, a representation that the challenger resides or does business at the location of the dispute or is authorized to request service there; and ( ix ) A certification from an individual or an authorized officer or signatory of a challenger that the person examined the information contained in the challenge and that, to the best of the person's actual knowledge, information, and belief, all statements of fact contained in the challenge are true and correct. ( 2 ) The online portal shall alert a provider if there has been a challenge with all required elements submitted against it. ( 3 ) For availability and coverage map challenges, within 60 days of receiving an alert, a provider shall reply in the portal by: ( i ) Accepting the allegation(s) raised by the challenger, in which case the provider shall submit a correction for the challenged location in the online portal within 30 days of its portal reply; or ( ii ) Denying the allegation(s) raised by the challenger, in which the case the provider shall provide evidence, in the online portal and to the challenger, that the provider serves (or could and is willing to serve) the challenged location. If the provider denies the allegation(s) raised by the challenger, then the provider and the challenger shall have 60 days after the provider submits its reply to attempt to resolve the challenge. ( 4 ) A provider's failure to respond to a challenge to its reported coverage data within the applicable timeframes shall result in a finding against the provider, resulting in mandatory corrections to the provider's Digital Opportunity Data Collection information to conform to the challenge. Providers shall submit any such corrections within 30 days of the missed reply deadline or the Commission will make the corrections on its own and incorporate such change into the coverage maps. ( 5 ) Once a challenge containing all the required elements is submitted in the online portal, the location shall be identified on the coverage maps as “in dispute/pending resolution.” ( 6 ) If the parties are unable to reach consensus within 60 days after submission of the provider's reply in the portal, then the affected provider shall report the status of efforts to resolve the challenge in the online portal, after which the Commission, will review the evidence and make a determination, either: ( i ) In favor of the challenger, in which case the provider shall update its Digital Opportunity Data Collection information within 30 days of the decision; or ( ii ) In favor of the provider, in which case the location will no longer be subject to the “in dispute/pending resolution” designation on the coverage maps. ( 7 ) In consumer challenges to availability and coverage map data, a consumer's challenge must make an initial showing, by a preponderance of the evidence, that a provider's data are inaccurate; a provider must then provide evidence showing, by a preponderance of the evidence, that its reported data are accurate. ( 8 ) In challenges to availability and coverage data by governmental (State, local, Tribal), or other entities, the challenger must make a detailed, clear and methodologically sound showing, by clear and convincing evidence, that a provider's data are inaccurate. ( 9 ) For challenges to the Fabric, after a challenge has been filed containing the required information in paragraph (d)(1) of this section, the provider will receive a notice of the challenge from the online portal and can respond to the challenge in the online portal, but is not required to do so, and the Commission shall seek to resolve such challenges within 60 days of receiving the challenge filing in the online portal. ( 10 ) Government entities or other entities may file challenges at multiple locations in a single challenge, but each challenge must contain all of the requirements set forth in (d)(1) of this section. ( 11 ) The Commission shall make public information about the location that is the subject of the challenge (including the street address and/or coordinates (latitude and longitude)), the name of the provider, and any relevant details concerning the basis for the challenge. ( e ) Mobile service challenge process for consumers. Consumers may submit data to challenge the accuracy of mobile broadband coverage maps. Consumers may challenge mobile coverage data based on lack of service or on poor service quality such as slow delivered user speed. ( 1 ) Consumer challengers must provide in their submissions: ( i ) Name, email address, and mobile phone number of the device on which the speed test was conducted; ( ii ) Speed test data. Consumers must use a speed test app that has been designated by the Office of Engineering and Technology, in consultation with the Office of Economics and Analytics and the Wireless Telecommunications Bureau, for use in the challenge process. Consumer challenges must include on-the-ground test data that meets the requirements in paragraphs (c)(1)(i) and (ii) of this section, and must also report the timestamp that test measurement data were transmitted to the app developer's servers, as well as the source IP address and port of the device, as measured by the server; ( iii ) A certification that the challenger is a subscriber or authorized user of the provider being challenged; ( iv ) A certification that the speed test measurements were taken outdoors; and ( v ) A certification that, to the best of the person's actual knowledge, information, and belief, the handset and the speed test application are in ordinary working order and all statements of fact contained in the submission are true and correct. ( 2 ) Consumer speed tests will be used to create a cognizable challenge based on the following criteria: ( i ) The smallest challengeable hexagonal cell is a hexagon at resolution 8 from the H3 standardized geospatial indexing system. ( ii ) The download and upload components of a speed test will be evaluated separately. ( iii ) A “positive” component is one that records speeds meeting or exceeding the minimum speeds that the mobile service provider reports as available where the test occurred ( e.g., a positive download component would show speeds of at least 5 Mbps for 4G LTE, and a positive upload component would show speeds of at least 1 Mbps for 4G LTE). A “negative” component is one that records speeds that fail to meet the minimum speeds that the mobile service provider reports as available where the test occurred. ( iv ) A point-hex shall be defined as one of the seven hex-9s from the H3 standardized geospatial indexing system nested within a hex-8. ( v ) A point-hex shall be defined as accessible where at least 50% of the area of the point-hex overlaps with the provider's reported coverage data and the point-hex overlaps with any primary, secondary, or local road in the U.S. Census Bureau's TIGER/Line Shapefiles. ( vi ) A hex-8 from the H3 standardized geospatial indexing system shall be classified as challenged if the following three thresholds are met in the hex-8 for either the download or upload components. ( A ) Geographic threshold. When there are at least four accessible point-hexes within the hex-8, each must contain two of the same test components (download or upload), one of which is a negative test. The threshold must be met for one component entirely, meaning that a challenge may contain either two upload components per point-hex, one of which is negative, or two download components per point-hex, one of which is negative. The minimum number of point-hexes in which tests must be recorded must be equal to the number of accessible point-hexes or four, whichever number is lower. If there are no accessible point-hexes within a hex-8, the geographic threshold shall not need to be met; ( B ) Temporal threshold. A hex-8 cell must include a set of two negative test components of the same type with a time-of-day difference of at least four hours from another set of two negative test components of the same type, regardless of the date of the tests; and ( C ) Testing threshold. At least five speed test components of the same type within a hex-8 cell are negative when a challenger has submitted 20 or fewer test components of that type. ( 1 ) When challengers have submitted more than 20 test components of the same type, the following minimum percentage of the total number of test components of that type in the cell must be negative: ( i ) When challengers have submitted 21-29 test components, at least 24% must be negative; ( ii ) When challengers have submitted 30-45 test components, at least 22% must be negative; ( iii ) When challengers have submitted 46-60 test components, at least 20% must be negative; ( iv ) When challengers have submitted 61-70 test components, at least 18% must be negative; ( v ) When challengers have submitted 71-99 test components, at least 17% must be negative; and ( vi ) When challengers have submitted 100 or more test components, at least 16% must be negative. ( 2 ) In a hex-8 with four or more accessible point-hexes, if the number of test components of the same type in one point-hex represent more than 50% of the total test components of that type in the hex-8 but still satisfies the geographic threshold, the components in that point-hex will count only towards 50% of the threshold. In a hex-8 where there are only three accessible point-hexes, if the number of test components of the same type in one point-hex represent more than 75% of the total test components of that type in the hex-8 but still satisfies the geographic threshold, the components in that point-hex will count only towards 75% of the threshold. ( 3 ) Once the percentage of negative components of the same type recorded meets the minimum negative percentage required (or for a sample of fewer than 21 components, once there are at least five negative component submitted), no additional tests are required so long as both the geographic and temporal thresholds for a hex-8 have been met. ( vii ) A larger, “parent” hexagon (at resolutions 7 or 6) shall be considered challenged if at least four of the child hexagons within such a “parent” hexagon are considered challenged. ( viii ) Mobile service providers shall be notified of all cognizable challenges to their mobile broadband coverage maps at the end of each month. Challengers shall be notified when a mobile provider responds to the challenge. Mobile service providers and challengers both shall be notified monthly of the status of challenged areas and parties will be able to see a map of the challenged area and a notification about whether or not a challenge has been successfully rebutted, whether a challenge was successful, and if a challenged area was restored based on insufficient evidence to sustain a challenge. ( 3 ) For areas with a cognizable challenge, providers either must submit a rebuttal to the challenge within a 60-day period of being notified of the challenge or concede and have the challenged area identified on the mobile coverage map as an area that lacks sufficient service. ( 4 ) To dispute a challenge, a mobile service provider must submit on-the-ground test data that meets the requirements in paragraphs (c)(1)(i) and (ii) of this section, (for in-vehicle mobile tests, providers must conduct tests with the antenna located inside the vehicle), or infrastructure data that meets the requirements in paragraph (c)(2)(i) of this section to verify its coverage map(s) in the challenged area. To the extent that a mobile service provider believes it would be helpful to the Commission in resolving a challenge, it may choose to submit other data in addition to the data initially required, including but not limited to either infrastructure or on-the-ground testing (to the extent such data are not the primary option chosen by the provider) or other types of data such as data collected from network transmitter monitoring systems or software, or spectrum band-specific coverage maps. Such other data must be submitted at the same time as the primary on-the-ground testing or infrastructure rebuttal data submitted by the provider. If needed to ensure an adequate review, the Office of Economics and Analytics may also require that the provider submit other data in addition to the data initially submitted, including but not limited to either infrastructure or on-the-ground testing data (to the extent not the option initially chosen by the provider) or data collected from network transmitter monitoring systems or software (to the extent available in the provider's network). If a mobile provider is not able to demonstrate sufficient coverage in a challenged hexagon, the mobile provider must revise its coverage maps to reflect the lack of coverage in such areas. ( i ) A “positive” component is one that records speeds meeting or exceeding the minimum speeds that the mobile service provider reports as available where the test occurred ( e.g., a positive download component would show speeds of at least 5 Mbps for 4G LTE, and a positive upload component would show speeds of at least 1 Mbps for 4G LTE). A “negative” component is one that records speeds that fail to meet the minimum speeds that the mobile service provider reports as available where the test occurred. ( ii ) A point-hex shall be defined as one of the seven nested hexagons at resolution 9 from the H3 standardized geospatial indexing system of a resolution 8 hexagon. ( iii ) A point-hex shall be defined as accessible where at least 50% of the area of the point-hex overlaps with the provider's reported coverage data and the point-hex overlaps with any primary, secondary, or local road in the U.S. Census Bureau's TIGER/Line Shapefiles. ( iv ) A mobile service provider that chooses to rebut a challenge to their mobile broadband coverage maps with on-the-ground speed test data must confirm that a challenged area has sufficient coverage using speed tests that were conducted during the 12 months prior to submitting a rebuttal. A provider may confirm coverage in any hex-8 cell within the challenged area. This includes any hex-8 cell that is challenged, and also any non-challenged hex-8 cell that is a child of a challenged hex-7 or hex-6 cell. Confirming non-challenged hex-8 cells can be used to confirm the challenged hex-7 or hex-6 cell. To confirm a hex-8 cell, a provider must submit on-the ground speed test data that meets the following criteria for both upload and download components: ( A ) Geographic threshold. Two download components, at least one of which is a positive test, and two upload components, at least one of which is a positive test, are recorded within a minimum number of point-hexes within the challenged area, where the minimum number of point-hexes in which tests must be recorded must be equal to the number of accessible point-hexes or four, whichever number is lower. If there are no accessible point-hexes within a hex-8, the geographic threshold shall not need to be met. ( B ) Temporal threshold. A hex-8 cell will need to include a set of five positive test components of the same type with a time-of-day difference of at least four hours from another set of five positive test components of the same type, regardless of the date of the test. ( C ) Testing threshold. At least 17 positive test components of the same type within a hex-8 cell in the challenged area when the provider has submitted 20 or fewer test components of that type. When the provider has submitted more than 20 test components of the same type, a certain minimum percentage of the total number of test components of that type in the cell must be positive: ( 1 ) When a provider has submitted 21-34 test components, at least 82% must be positive; ( 2 ) When a provider has submitted 35-49 test components, at least 84% must be positive; ( 3 ) When a provider has submitted 50-70 test components, at least 86% must be positive; ( 4 ) When a provider has submitted 71-99 test components, at least 87% must be positive; ( 5 ) When a provider has submitted 100 or more test components, at least 88% must be positive; and ( 6 ) In a hex-8 with four or more accessible point-hexes, if the number of test components of the same type in one point-hex represent more than 50% of the total test components of that type in the hex-8 but still satisfies the geographic threshold, the components in that point-hex will count only toward 50% of the threshold. In a hex-8 where there are only three accessible point-hexes, if the number of test components of the same type in one point-hex represent more than 75% of the total test components of that type in the hex-8 but still satisfies the geographic threshold, the components in that point-hex will count only toward 75% of the threshold. ( D ) Use of FCC Speed Test App or other software. Using a mobile device running either a Commission-developed app ( e.g., the FCC Speed Test app), another speed test app approved by OET to submit challenges, or other software provided that the software adopts the test methodology and collects the metrics that approved apps must perform for consumer challenges and that government and third-party entity challenger speed test data must contain (for in-vehicle mobile tests, providers must conduct tests with the antenna located inside the vehicle): ( 1 ) Providers must submit a complete description of the methodologies used to collect their data; and ( 2 ) Providers must substantiate their data through the certification of a qualified engineer or official. ( E ) Use of an appropriate device. Using a device that is able to interface with drive test software and/or runs on the Android operating system. ( v ) A mobile service provider that chooses to rebut a challenge to their mobile broadband coverage maps with infrastructure data on their own may only do so in order to identify invalid, or non-representative, speed tests within the challenger speed test data. The mobile service provider must submit the same data as required when a mobile provider submits infrastructure information in response to a Commission verification request, including information on the cell sites and antennas used to provide service in the challenged area. A provider may submit only infrastructure data to rebut a challenge if: ( A ) Extenuating circumstances at the time and location of a given test ( e.g., maintenance or temporary outage at the cell site) caused service to be abnormal. In such cases, a provider must submit coverage or footprint data for the site or sectors that were affected and information about the outage, such as bands affected, duration, and whether the outage was reported to the FCC's Network Outage Reporting System (NORS), along with a certification about the submission's accuracy; ( B ) The mobile device(s) with which the challenger(s) conducted their speed tests are not capable of using or connecting to the radio technology or spectrum band(s) that the provider models for service in the challenged area. In such cases, a provider must submit band-specific coverage footprints and information about which specific device(s) lack the technology or band; ( C ) The challenge speed tests were taken during an uncommon special event ( e.g., professional sporting event) that increased traffic on the network; ( D ) ( 1 ) The challenge speed tests were taken during a period where cell loading was abnormally higher than the modeled cell loading factor. In such cases, providers must submit cell loading data that both: ( i ) Establish that the cell loading for the primary cell(s) at the time of the test was abnormally higher than modeled; and ( ii ) Include cell loading data for a one-week period before and/or after the provider was notified of the challenge showing as a baseline that the median loading for the primary cell(s) was not greater than the modeled value. ( 2 ) If a high number of challenges show persistent over-loading, staff may initiate a verification inquiry to investigate whether mobile providers have submitted coverage maps based on an accurate assumption of cell loading in a particular area; ( E ) The mobile device(s) with which the challenger(s) conducted their speed tests used a data plan that could result in slower service. In such cases, a provider must submit information about which specific device(s) used in the testing were using such a data plan and information showing that the provider's network did, in fact, slow the device at the time of the test; or ( F ) The mobile device(s) with which the challenger(s) conducted their speed tests was either roaming or was used by the customer of a mobile virtual network operator. In such circumstances, providers must identify which specific device(s) used in the testing were either roaming at the time or used by the customer of a mobile virtual network operator based upon their records. ( vi ) If the Commission determines, based on the infrastructure data submitted by providers, that challenge speed tests are invalid, such challenge speed tests shall be ruled void, and the Commission shall recalculate the challenged hexagons after removing any invalidated challenger speed tests and consider any challenged hexagons that no longer meet the challenge creation threshold to be restored to their status before the challenge was submitted. ( 5 ) If a mobile service provider that has failed to rebut a challenge subsequently takes remedial action to improve coverage at the location of the challenge, the provider must notify the Commission of the actions it has taken to improve its coverage and provide either on-the-ground test data or infrastructure data to verify its improved coverage. ( 6 ) After a challenged provider submits all responses and Commission staff determines the result of a challenge and any subsequent rebuttal has been determined: ( i ) In such cases where a mobile service provider successfully rebuts a challenge, the area confirmed to have coverage shall be ineligible for challenge until the next biannual broadband availability data filing six months after the later of either the end of the 60-day response period or the resolution of the challenge. ( ii ) A challenged area may be restored to an unchallenged state, if, as a result of data submitted by the provider, there is no longer sufficient evidence to sustain the challenge to that area, but the provider's data fall short of confirming the area. A restored hexagon would be subject to challenge at any time in the future as challengers submit new speed test data. ( iii ) In cases where a mobile service provider concedes or loses a challenge, the provider must file, within 30 days, geospatial data depicting the challenged area that has been shown to lack sufficient service. Such data will constitute a correction layer to the provider's original propagation model-based coverage map, and Commission staff will use this layer to update the broadband coverage map. In addition, to the extent that a provider does not later improve coverage for the relevant technology in an area where it conceded or lost a challenge, it must include this correction layer in its subsequent filings to indicate the areas shown to lack service. ( 7 ) Commission staff are permitted to consider other relevant data to support a mobile service provider's rebuttal of challenges, including on-the-ground data or infrastructure data (to the extent such data are not the primary rebuttal option submitted by the mobile service provider). The Office of Economics and Analytics will review such data when voluntarily submitted by providers in response to challenges, and if it concludes that any of the data sources are sufficiently reliable, it will specify appropriate standards and specifications for each type of data and will issue a public notice adding the data source to the alternatives available to providers to rebut a consumer challenge. ( f ) Mobile service challenge process for State, local, and Tribal governmental entities; and other entities or individuals. State, local, and Tribal governmental entities and other entities or individuals may submit data to challenge accuracy of mobile broadband coverage maps. They may challenge mobile coverage data based on lack of service or poor service quality such as slow delivered user speed. ( 1 ) State, local, and Tribal governmental entities and other entity or individual challengers must provide in their submissions: ( i ) Government and other entity challengers may use their own software and hardware to collect data for the challenge process. When they submit their data the data must meet the requirements in paragraphs (c)(1)(i) and (ii) of this section, except that government and other entity challengers may submit the International Mobile Equipment Identity (IMEI) of the device used to conduct a speed test for use in the challenge process instead of the timestamp that test measurement data were transmitted to the app developer's servers, as well as the source IP address and port of the device, as measured by the server; ( ii ) A complete description of the methodology(ies) used to collect their data; ( iii ) Challengers must substantiate their data through the certification of a qualified engineer or official; and ( iv ) If the test was taken in an in-vehicle mobile environment, whether the test was conducted with the antenna outside of the vehicle. ( 2 ) Challengers must conduct speed tests using a device advertised by the challenged service provider as compatible with its network and must take all speed tests outdoors. Challengers must also use a device that is able to interface with drive test software and/or runs on the Android operating system. ( 3 ) For a challenge to be considered a cognizable challenge, thus requiring a mobile service provider response, the challenge must meet the same thresholds specified in paragraph (e)(2) of this section. ( 4 ) For areas with a cognizable challenge, providers either must submit a rebuttal to the challenge within a 60-day period of being notified of the challenge or concede and have the challenged area identified on the mobile coverage map as an area that lacks sufficient service. ( 5 ) To dispute a challenge, a mobile service provider must submit on-the-ground test data or infrastructure data to verify its coverage map(s) in the challenged area based on the methodology set forth in paragraph (e)(4) of this section. To the extent that a service provider believes it would be helpful to the Commission in resolving a challenge, it may choose to submit other data in addition to the data initially required, including but not limited to either infrastructure or on-the-ground testing (to the extent such data are not the primary option chosen by the provider) or other types of data such as data collected from network transmitter monitoring systems or software or spectrum band-specific coverage maps. Such other data must be submitted at the same time as the primary on-the-ground testing or infrastructure rebuttal data submitted by the provider. If needed to ensure an adequate review, the Office of Economics and Analytics may also require that the provider submit other data in addition to the data initially submitted, including but not limited to either infrastructure or on-the-ground testing data (to the extent not the option initially chosen by the provider) or data collected from network transmitter monitoring systems or software (to the extent available in the provider's network). ( 6 ) If a provider that has failed to rebut a challenge subsequently takes remedial action to improve coverage at the location of the challenge, the provider must notify the Commission of the actions it has taken to improve its coverage and provide either on-the-ground test data or infrastructure data to verify its improved coverage. ( 7 ) In cases where a mobile service provider concedes or loses a challenge, the provider must file, within 30 days, geospatial data depicting the challenged area that has been shown to lack service. Such data will constitute a correction layer to the provider's original propagation model-based coverage map, and Commission staff will use this layer to update the broadband coverage map. In addition, to the extent that a provider does not later improve coverage for the relevant technology in an area where it conceded or lost a challenge, it must include this correction layer in its subsequent Digital Opportunity Data Collection filings to indicate the areas shown to lack service. [ 85 FR 50907 , Aug. 18, 2020, as amended at 86 FR 18160 , Apr. 7, 2021; 87 FR 21509 , Apr. 11, 2022] § 1.7007 Establishing the Fabric. ( a ) The Commission shall create the Fabric, a common dataset of all locations in the United States where fixed broadband internet access service can be installed. The Fabric shall: ( 1 ) Contain geocoded information for each location where fixed broadband internet access service can be installed; ( 2 ) Serve as the foundation upon which all data relating to the availability of fixed broadband internet access service collected pursuant to the Digital Opportunity Data Collection shall be overlaid; ( 3 ) Be compatible with commonly used Geographical Information Systems (GIS) software; and ( 4 ) Be updated every 6 months by the Commission. ( b ) The Commission shall prioritize implementing the Fabric for rural and insular areas of the United States. [ 85 FR 50907 , Aug. 18, 2020] § 1.7008 Creation of broadband internet access service coverage maps. ( a ) After consultation with the Federal Geographic Data Committee, the Commission shall use the availability and quality of service data submitted by providers in the Digital Opportunity Data Collection to create: ( 1 ) The Broadband Map, which shall depict areas of the country that remain unserved by providers and depict the extent of availability of broadband internet access service; ( 2 ) A map that depicts the availability of fixed broadband internet access service; and ( 3 ) A map that depicts the availability of mobile broadband internet access service. ( b ) The Commission shall use the maps created in paragraph (a) of this section to determine areas where broadband internet access service is and is not available and when making any funding award for broadband internet access service deployment for residential and mobile customers. ( c ) Based on the most recent Digital Opportunity Data Collection information collected from providers, the Commission shall update the maps created in paragraph (a) of this section at least biannually using the data collected from providers. ( d ) ( 1 ) The Commission shall collect verified data for use in the coverage maps from: ( i ) State, local, and Tribal entities primarily responsible for mapping or tracking broadband internet access service coverage in their areas; ( ii ) Third parties, if the Commission determines it is in the public interest to use their data in the development of the coverage maps or the verification of data submitted by providers; and ( iii ) Other Federal agencies. ( 2 ) To the extent government entities or third parties choose to file verified data, they must follow the same filing process as providers submitting their broadband internet access service data in the data portal. Government entities and third parties that file on-the-ground test data must submit such data using the same metrics and testing parameters the Commission requires of mobile service providers when responding to a Commission request to verify mobile providers' broadband network coverage with on-the-ground data ( see § 1.7006(c)(1) ). ( 3 ) Providers shall review the verified data submitted by governments and third parties in the online portal, work with the submitter to resolve any coverage discrepancies, make any corrections they deem necessary based on such review, and submit any updated data to the Commission within 60 days of the date that the provider is notified that the data has been submitted in the online portal by the government entity or third party. [ 85 FR 50907 , Aug. 18, 2020, as amended at 86 FR 18162 , Apr. 7, 2021; 87 FR 21514 , Apr. 11, 2022] § 1.7009 Enforcement. ( a ) It shall be unlawful for an entity or individual to willfully and knowingly, or recklessly, submit information or data as part of the Digital Opportunity Data Collection that is materially inaccurate or incomplete with respect to the availability or the quality of broadband internet access service. Such action may lead to enforcement action and/or penalties as set forth in the Communications Act and other applicable laws. ( b ) Failure to make the Digital Opportunity Data Collection filing in accordance with the Commission's rules and the instructions to the Digital Opportunity Data Collection may lead to enforcement action pursuant to the Communications Act of 1934, as amended, and any other applicable law. ( c ) For purposes of this section, “materially inaccurate or incomplete” means a submission that contains omissions or incomplete or inaccurate information that the Commission finds has a substantial impact on its collection and use of the data collected in order to comply with the requirements of 47 U.S.C. 641-646 . ( d ) Providers must file corrected data when they discover inaccuracy, omission, or significant reporting error in the original data that they submitted, whether through self-discovery, the crowdsource process, the challenge process, the Commission verification process, or otherwise. ( 1 ) Providers must file corrections within 30 days of their discovery of incorrect or incomplete data; and ( 2 ) The corrected filings must be accompanied by the same types of certifications that accompany the original filings. [ 86 FR 18162 , Apr. 7, 2021] § 1.7010 Authority to update the Digital Opportunity Data Collection. The Office of International Affairs, Space Bureau, Wireless Telecommunications Bureau, Wireline Competition Bureau, and Office of Economics and Analytics may update the specific format of data to be submitted pursuant to the Digital Opportunity Data Collection to reflect changes over time in Geographical Information Systems (GIS) and other data storage and processing functionalities and may implement any technical improvements or other clarifications to the filing mechanism and forms. [ 88 FR 21436 , Apr. 10, 2023] Subpart W—FCC Registration Number Source: 66 FR 47895 , Sept. 14, 2001, unless otherwise noted. § 1.8001 FCC Registration Number (FRN). ( a ) The FCC Registration Number (FRN) is a 10-digit unique identifying number that is assigned to entities doing business with the Commission. ( b ) The FRN is obtained through the Commission Registration System (CORES) over the Internet at the CORES link at www.fcc.gov or by filing FCC Form 160. § 1.8002 Obtaining an FRN. ( a ) The FRN must be obtained by anyone doing business with the Commission, see 31 U.S.C. 7701(c)(2) , including but not limited to: ( 1 ) Anyone required to pay statutory charges under subpart G of this part ; ( 2 ) Anyone applying for a license, including someone who is exempt from paying statutory charges under subpart G of this part , see §§ 1.1114 and 1.1162 ; ( 3 ) Anyone participating in a spectrum auction; ( 4 ) Anyone holding or obtaining a spectrum auction license or loan; ( 5 ) Anyone paying statutory charges on behalf of another entity or person; and ( 6 ) Any applicant or service provider participating in the Schools and Libraries Universal Service Support Program, part 54, subpart F, of this chapter. ( b ) ( 1 ) When registering for an FRN through the CORES, an entity's name, entity type, contact name and title, address, valid email address, and taxpayer identifying number (TIN) must be provided. For individuals, the TIN is the social security number (SSN). ( 2 ) Information listed in paragraph (b)(1) of this section must be kept current by registrants either by updating the information on-line at the CORES link at www.fcc.gov or by filing FCC Form 161 (CORES Update/Change Form). ( c ) A business may obtain as many FRNs as it deems appropriate for its business operations. Each subsidiary with a different TIN must obtain a separate FRN. Multiple FRNs shall not be obtained to evade payment of fees or other regulatory responsibilities. ( d ) An FRN may be assigned by the Commission, which will promptly notify the entity of the assigned FRN. [ 66 FR 47895 , Sept. 14, 2001, as amended at 67 FR 36818 , May 28, 2002; 68 FR 66277 , Nov. 25, 2003; 69 FR 55109 , Sept. 13, 2004; 70 FR 21651 , Apr. 27, 2005; 86 FR 59868 , Oct. 29, 2021] § 1.8003 Providing the FRN in Commission filings. The FRN must be provided with any filings requiring the payment of statutory charges under subpart G of this part , anyone applying for a license (whether or not a fee is required), including someone who is exempt from paying statutory charges under subpart G of this part , anyone participating in a spectrum auction, making up-front payments or deposits in a spectrum auction, anyone making a payment on an auction loan, anyone making a contribution to the Universal Service Fund, any applicant or service provider participating in the Schools and Libraries Universal Service Support Program, and anyone paying a forfeiture or other payment. A list of applications and other instances where the FRN is required will be posted on our Internet site and linked to the CORES page. [ 69 FR 55109 , Sept. 13, 2004] § 1.8004 Penalty for Failure to Provide the FRN. ( a ) Electronic filing systems for filings that require the FRN will not accept a filing without the appropriate FRN. If a party seeks to make an electronic filing and does not have an FRN, the system will direct the party to the CORES website to obtain an FRN. ( b ) Except as provided in paragraph (d) of this section or in other Commission rules, filings subject to the FRN requirement and submitted without an FRN will be returned or dismissed. ( c ) Where the Commission has not established a filing deadline for an application, a missing or invalid FRN on such an application may be corrected and the application resubmitted. Except as provided in paragraph (d) of this section or in other Commission rules, the date that the resubmitted application is received by the Commission with a valid FRN will be considered the official filing date. ( d ) Except for the filing of tariff publications ( see 47 CFR 61.1(b) ) or as provided in other Commission rules, where the Commission has established a filing deadline for an application and that application may be filed on paper, a missing or invalid FRN on such an application may be corrected with ten (10) business days of notification to the filer by the Commission staff and, in the event of such timely correction, the original date of filing will be retained as the official filing date. [ 66 FR 47895 , Sept. 14, 2001, as amended at 67 FR 36818 , May 28, 2002] Subpart X—Spectrum Leasing Source: 68 FR 66277 , Nov. 25, 2003, unless otherwise noted. Scope and Authority § 1.9001 Purpose and scope. ( a ) The purpose of this subpart is to implement policies and rules pertaining to spectrum leasing arrangements between licensees in the services identified in this subpart and spectrum lessees. This subpart also implements policies for private commons arrangements. The policies and rules in this subpart also implicate other Commission rule parts, including parts 1, 2, 20, 22, 24, 25, 27, 30, 80, 90, 95, and 101 of title 47, chapter I of the Code of Federal Regulations. ( b ) Licensees holding exclusive use rights are permitted to engage in spectrum leasing whether their operations are characterized as commercial, common carrier, private, or non-common carrier. [ 85 FR 76479 , Nov. 30, 2020, as amended at 86 FR 59869 , Oct. 29, 2021] § 1.9003 Definitions. Contraband Interdiction System. Contraband Interdiction System is a system that transmits radio communication signals comprised of one or more stations used only in a correctional facility exclusively to prevent transmissions to or from contraband wireless devices within the boundaries of the facility and/or to obtain identifying information from such contraband wireless devices. Contraband wireless device. A contraband wireless device is any wireless device, including the physical hardware or part of a device, such as a subscriber identification module (SIM), that is used within a correctional facility in violation of federal, state, or local law, or a correctional facility rule, regulation, or policy. Correctional facility. A correctional facility is any facility operated or overseen by federal, state, or local authorities that houses or holds criminally charged or convicted inmates for any period of time, including privately owned and operated correctional facilities that operate through contracts with federal, state, or local jurisdictions. De facto transfer leasing arrangement. A spectrum leasing arrangement in which a licensee retains de jure control of its license while transferring de facto control of the leased spectrum to a spectrum lessee, pursuant to the spectrum leasing rules set forth in this subpart. FCC Form 608. FCC Form 608 is the form to be used by licensees and spectrum lessees that enter into spectrum leasing arrangements pursuant to the rules set forth in this subpart. Parties are required to submit this form electronically when entering into spectrum leasing arrangements under this subpart, except that licensees falling within the provisions of § 1.913(d) , may file the form either electronically or manually. Long-term de facto transfer leasing arrangement. A long-term de facto transfer leasing arrangement is a de facto transfer leasing arrangement that has an individual term, or series of combined terms, of more than one year. Private commons. A “private commons” arrangement is an arrangement, distinct from a spectrum leasing arrangement but permitted in the same services for which spectrum leasing arrangements are allowed, in which a licensee or spectrum lessee makes certain spectrum usage rights under a particular license authorization available to a class of third-party users employing advanced communications technologies that involve peer-to-peer (device-to-device) communications and that do not involve use of the licensee's or spectrum lessee's end-to-end physical network infrastructure (e.g., base stations, mobile stations, or other related elements). Short-term de facto transfer leasing arrangement. A short-term de facto transfer leasing arrangement is a de facto transfer leasing arrangement that has an individual or combined term of not longer than one year. Spectrum leasing application. The application submitted to the Commission by a licensee and a spectrum lessee seeking approval of a de facto transfer leasing arrangement. Spectrum leasing arrangement. An arrangement between a licensed entity and a third-party entity in which the licensee leases certain of its spectrum usage rights in the licensed spectrum to the third-party entity, the spectrum lessee, pursuant to the rules set forth in this subpart. The arrangement may involve the leasing of any amount of licensed spectrum, in any geographic area or site encompassed by the license, for any period of time during the term of the license authorization. Two different types of spectrum leasing arrangements, spectrum manager leasing arrangements and de facto transfer leasing arrangements, are permitted under this subpart. Spectrum leasing notification. The required notification submitted by a licensee to the Commission regarding a spectrum manager leasing arrangement. Spectrum lessee. Any third-party entity that leases, pursuant to the spectrum leasing rules set forth in this subpart, certain spectrum usage rights held by a licensee. This term includes reference to third-party entities that lease spectrum usage rights as spectrum sublessees under spectrum subleasing arrangements. Spectrum manager leasing arrangement. A spectrum leasing arrangement in which a licensee retains both de jure control of its license and de facto control of the leased spectrum that it leases to a spectrum lessee, pursuant to the spectrum leasing rules set forth in this subpart. [ 68 FR 66277 , Nov. 25, 2003, as amended at 69 FR 77550 , Dec. 27, 2004; 82 FR 22759 , May 18, 2017] Effective Date Note Effective Date Note: At 69 FR 77550 , Dec. 27, 2004, § 1.9003 was amended by removing, adding, and revising certain definitions. The amendments contain information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 1.9005 Included services. The spectrum leasing policies and rules of this subpart apply to the following services, which include Wireless Radio Services in which commercial or private licensees hold exclusive use rights and the Ancillary Terrestrial Component (ATC) of a Mobile Satellite Service: ( a ) The Paging and Radiotelephone Service ( part 22 of this chapter ); ( b ) The Rural Radiotelephone Service ( part 22 of this chapter ); ( c ) The Air-Ground Radiotelephone Service ( part 22 of this chapter ); ( d ) The Cellular Radiotelephone Service ( part 22 of this chapter ); ( e ) The Offshore Radiotelephone Service ( part 22 of this chapter ); ( f ) The narrowband Personal Communications Service ( part 24 of this chapter ); ( g ) The broadband Personal Communications Service ( part 24 of this chapter ); ( h ) The Broadband Radio Service ( part 27 of this chapter ); ( i ) The Educational Broadband Service ( part 27 of this chapter ); ( j ) The Wireless Communications Service in the 698-746 MHz band ( part 27 of this chapter ); ( k ) The Wireless Communications Service in the 746-758 MHz, 775-788 MHz, and 805-806 MHz bands ( part 27 of this chapter ); ( l ) The Wireless Communications Service in the 1390-1392 MHz band ( part 27 of this chapter ); ( m ) The Wireless Communications Service in the paired 1392-1395 MHz and 1432-1435 MHz bands ( part 27 of this chapter ); ( n ) The Wireless Communications Service in the 1670-1675 MHz band ( part 27 of this chapter ); ( o ) The Wireless Communications Service in the 2305-2320 and 2345-2360 MHz bands ( part 27 of this chapter ); ( p ) The Citizens Broadband Radio Service in the 3550-3650 MHz band ( part 96 of this chapter ). ( q ) The Advanced Wireless Services ( part 27 of this chapter ); ( r ) The VHF Public Coast Station service ( part 80 of this chapter ); ( s ) The Automated Maritime Telecommunications Systems service ( part 80 of this chapter ); ( t ) The Public Safety Radio Services ( part 90 of this chapter ); ( u ) The 220 MHz Service (excluding public safety licensees) ( part 90 of this chapter ); ( v ) The Specialized Mobile Radio Service in the 800 MHz and 900 MHz bands (including exclusive use SMR licenses in the General Category channels) ( part 90 of this chapter ); ( w ) The Location and Monitoring Service (LMS) with regard to licenses for multilateration LMS systems ( part 90 of this chapter ); ( x ) Paging operations under part 90 of this chapter ; ( y ) The Business and Industrial/Land Transportation (B/ILT) channels ( part 90 of this chapter ) (including all B/ILT channels above 512 MHz and those in the 470-512 MHz band where a licensee has achieved exclusivity, but excluding B/ILT channels in the 470-512 MHz band where a licensee has not achieved exclusivity and those channels below 470 MHz, including those licensed pursuant to 47 CFR 90.187(b)(2)(v) ); ( z ) The 218-219 MHz band ( part 95 of this chapter ); ( aa ) The Local Multipoint Distribution Service ( part 101 of this chapter ); ( bb ) The 24 GHz Band ( part 101 of this chapter ); ( cc ) The 39 GHz Band ( part 101 of this chapter ); ( dd ) The Multiple Address Systems band ( part 101 of this chapter ); ( ee ) The Local Television Transmission Service ( part 101 of this chapter ); ( ff ) The Private-Operational Fixed Point-to-Point Microwave Service ( part 101 of this chapter ); ( gg ) The Common Carrier Fixed Point-to-Point Microwave Service ( part 101 of this chapter ); ( hh ) The Multipoint Video Distribution and Data Service ( part 101 of this chapter ); ( ii ) The 700 MHz Guard Bands Service ( part 27 of this chapter ); ( jj ) The ATC of a Mobile Satellite Service ( part 25 of this chapter ); ( kk ) The 600 MHz band ( part 27 of this chapter ); ( ll ) The Upper Microwave Flexible Use Service ( part 30 of this chapter ); ( mm ) The 3.7 GHz Service in the 3.7-3.98 GHz band; ( nn ) The 900 MHz Broadband Service ( part 27 of this chapter ); and ( oo ) [Reserved] ( pp ) The 3.45 GHz Service in the 3.45-3.55 GHz band ( part 27 of this chapter ). [ 69 FR 77551 , Dec. 27, 2004, as amended at 71 FR 29815 , May 24, 2006; 72 FR 27708 , May 16, 2007; 72 FR 48843 , Aug. 24, 2007; 76 FR 31259 , May 31, 2011; 79 FR 596 , Jan. 6, 2014; 79 FR 48533 , Aug. 15, 2014; 81 FR 49065 , July 26, 2016; 81 FR 79931 , Nov. 14, 2016; 85 FR 22861 , Apr. 23, 2020; 85 FR 43129 , July 16, 2020; 85 FR 76479 , Nov. 30, 2020; 86 FR 17942 , Apr. 7, 2021; 86 FR 59869 , Oct. 29, 2021] General Policies and Procedures § 1.9010 De facto control standard for spectrum leasing arrangements. ( a ) Under the rules established for spectrum leasing arrangements in this subpart, the following standard is applied for purposes of determining whether a licensee retains de facto control under section 310(d) of the Communications Act with regard to spectrum that it leases to a spectrum lessee. ( b ) A licensee will be deemed to have retained de facto control of leased spectrum if it enters into a spectrum leasing arrangement and acts as a spectrum manager with regard to portions of the licensed spectrum that it leases to a spectrum lessee, provided the licensee satisfies the following two conditions: ( 1 ) Licensee responsibility for lessee compliance with Commission policies and rules. The licensee must remain fully responsible for ensuring the spectrum lessee's compliance with the Communications Act and all applicable policies and rules directly related to the use of the leased spectrum. ( i ) Through contractual provisions and actual oversight and enforcement of such provisions, the licensee must act in a manner sufficient to ensure that the spectrum lessee operates in conformance with applicable technical and use rules governing the license authorization. ( ii ) The licensee must maintain a reasonable degree of actual working knowledge about the spectrum lessee's activities and facilities that affect its ongoing compliance with the Commission's policies and rules. These responsibilities include: Coordinating operations and modifications of the spectrum lessee's system to ensure compliance with Commission rules regarding non-interference with co-channel and adjacent channel licensees (and any authorized spectrum user); making all determinations as to whether an application is required for any individual spectrum lessee stations (e.g., those that require frequency coordination, submission of an Environmental Assessment under § 1.1307 of subpart I of this part , those that require international or Interdepartment Radio Advisory Committee (IRAC) coordination, those that affect radio frequency quiet zones described in § 1.924 of subpart F of this part , or those that require notification to the Federal Aviation Administration under part 17 of this chapter ); and, ensuring that the spectrum lessee complies with the Commission's safety guidelines relating to human exposure to radiofrequency (RF) radiation (e.g., § 1.1307(b) and related rules of subpart I of this part ). The licensee is responsible for resolving all interference-related matters, including conflicts between its spectrum lessee and any other spectrum lessee or licensee (or authorized spectrum user). The licensee may use agents (e.g., counsel, engineering consultants) when carrying out these responsibilities, so long as the licensee exercises effective control over its agents' actions. ( iii ) The licensee must be able to inspect the spectrum lessee's operations and must retain the right to terminate the spectrum leasing arrangement in the event the spectrum lessee fails to comply with the terms of the arrangement and/or applicable Commission requirements. If the licensee or the Commission determines that there is any violation of the Commission's rules or that the spectrum lessee's system is causing harmful interference, the licensee must immediately take steps to remedy the violation, resolve the interference, suspend or terminate the operation of the system, or take other measures to prevent further harmful interference until the situation can be remedied. If the spectrum lessee refuses to resolve the interference, remedy the violation, or suspend or terminate operations, either at the direction of the licensee or by order of the Commission, the licensee must use all reasonable legal means necessary to enforce compliance. ( 2 ) Licensee responsibility for interactions with the Commission, including all filings, required under the license authorization and applicable service rules directly related to the leased spectrum. The licensee remains responsible for the following interactions with the Commission: ( i ) The licensee must file the necessary notification with the Commission, as required under § 1.9020(e) . ( ii ) The licensee is responsible for making all required filings (e.g., applications, notifications, correspondence) associated with the license authorization that are directly affected by the spectrum lessee's use of the licensed spectrum. The licensee may use agents (e.g., counsel, engineering consultants) to complete these filings, so long as the licensee exercises effective control over its agents' actions and complies with any signature requirements for such filings. [ 68 FR 66277 , Nov. 25, 2003, as amended at 69 FR 77551 , Dec. 27, 2004] § 1.9020 Spectrum manager leasing arrangements. ( a ) Overview. Under the provisions of this section, a licensee (in any of the included services) and a spectrum lessee may enter into a spectrum manager leasing arrangement, without the need for prior Commission approval, provided that the licensee retains de jure control of the license and de facto control, as defined and explained in this subpart, of the leased spectrum. The licensee must notify the Commission of the spectrum leasing arrangement pursuant to the rules set forth in this section. The term of a spectrum manager leasing arrangement may be no longer than the term of the license authorization. ( b ) Rights and responsibilities of the licensee. ( 1 ) The licensee is directly and primarily responsible for ensuring the spectrum lessee's compliance with the Communications Act and applicable Commission policies and rules. ( 2 ) The licensee retains responsibility for maintaining its compliance with applicable eligibility and ownership requirements imposed on it pursuant to the license authorization. ( 3 ) The licensee must retain a copy of the spectrum leasing agreement and make it available upon request by the Commission. ( c ) Rights and responsibilities of the spectrum lessee. ( 1 ) The spectrum lessee must comply with the Communications Act and with Commission requirements associated with the license. ( 2 ) The spectrum lessee is responsible for establishing that it meets the eligibility and qualification requirements applicable to spectrum lessees under the rules set forth in this section. ( 3 ) The spectrum lessee must comply with any obligations that apply directly to it as a result of its own status as a service provider (e.g., Title II obligations if the spectrum lessee acts as a telecommunications carrier or acts as a common carrier). ( 4 ) In addition to the licensee being directly accountable to the Commission for ensuring the spectrum lessee's compliance with the Commission's operational rules and policies (as discussed in this subpart), the spectrum lessee is independently accountable to the Commission for complying with the Communications Act and Commission policies and rules, including those that apply directly to the spectrum lessee as a result of its own status as a service provider. ( 5 ) In leasing spectrum from a licensee, the spectrum lessee must accept Commission oversight and enforcement consistent with the license authorization. The spectrum lessee must cooperate fully with any investigation or inquiry conducted by either the Commission or the licensee, allow the Commission or the licensee to conduct on-site inspections of transmission facilities, and suspend operations at the direction of the Commission or the licensee and to the extent that such suspension would be consistent with the Commission's suspension policies. ( 6 ) The spectrum lessee must retain a copy of the spectrum leasing agreement and make it available upon request by the Commission. ( d ) Applicability of particular service rules and policies. Under a spectrum manager leasing arrangement, the service rules and policies apply in the following manner to the licensee and spectrum lessee: ( 1 ) Interference-related rules. The interference and radiofrequency (RF) safety rules applicable to use of the spectrum by the licensee as a condition of its license authorization also apply to the use of the spectrum leased by the spectrum lessee. ( 2 ) General eligibility rules. ( i ) The spectrum lessee must meet the same eligibility and qualification requirements that are applicable to the licensee under its license authorization, with the following exceptions. A spectrum lessee entering into a spectrum leasing arrangement involving a licensee in the Public Safety Radio Services (see part 90, subpart B and § 90.311(a)(1)(i) of this chapter ) is not required to comply with the eligibility requirements pertaining to such a licensee so long as the spectrum lessee is an entity providing communications in support of public safety operations (see § 90.523(b) of this chapter ). A spectrum lessee entering into a spectrum leasing arrangement involving a licensee in the Mobile Satellite Service with ATC authority (see part 25 of this chapter ) is not required to comply with the eligibility requirements pertaining to such a licensee so long as the spectrum lessee meets the other eligibility and qualification requirements of paragraphs (d)(2)(ii) and (iv) of this section. ( ii ) The spectrum lessee must meet applicable foreign ownership eligibility requirements ( see sections 310(a), 310(b) of the Communications Act). ( iii ) The spectrum lessee must satisfy any qualification requirements, including character qualifications, applicable to the licensee under its license authorization. ( iv ) The spectrum lessee must not be a person subject to the denial of Federal benefits under the Anti-Drug Abuse Act of 1988 ( see § 1.2001 et seq. of subpart P of this part ). ( v ) The licensee may reasonably rely on the spectrum lessee's certifications that it meets the requisite eligibility and qualification requirements contained in the notification required by this section. ( 3 ) Use restrictions. To the extent that the licensee is restricted from using the licensed spectrum to offer particular services under its license authorization, the use restrictions apply to the spectrum lessee as well. ( 4 ) Designated entity/entrepreneur rules. A licensee that holds a license pursuant to small business, rural service provider, and/or entrepreneur provisions ( see § 1.2110 and § 24.709 of this chapter ) and continues to be subject to unjust enrichment requirements ( see § 1.2111 and § 24.714 of this chapter ) and/or transfer restrictions ( see § 24.839 of this chapter ) may enter into a spectrum manager leasing arrangement with a spectrum lessee, regardless of whether the spectrum lessee meets the Commission's designated entity eligibility requirements ( see § 1.2110 of this chapter ) or its entrepreneur eligibility requirements to hold certain C and F block licenses in the broadband personal communications services ( see § 1.2110 and § 24.709 of this chapter ), so long as the spectrum manager leasing arrangement does not result in the spectrum lessee's becoming a “controlling interest” or “affiliate” ( see § 1.2110 of this chapter ) of the licensee such that the licensee would lose its eligibility as a designated entity or entrepreneur. ( 5 ) Construction/performance requirements. Any performance or build-out requirement applicable under a license authorization (e.g., a requirement that the licensee construct and operate one or more specific facilities, cover a certain percentage of geographic area, cover a certain percentage of population, or provide substantial service) always remains a condition of the license, and legal responsibility for meeting such obligation is not delegable to the spectrum lessee(s). ( i ) The licensee may attribute to itself the build-out or performance activities of its spectrum lessee(s) for purposes of complying with any applicable performance or build-out requirement. ( ii ) If a licensee relies on the activities of a spectrum lessee to meet the licensee's performance or build-out obligation, and the spectrum lessee fails to engage in those activities, the Commission will enforce the applicable performance or build-out requirements against the licensee, consistent with the applicable rules. ( iii ) If there are rules applicable to the license concerning the discontinuance of operation, the licensee is accountable for any such discontinuance and the rules will be enforced against the licensee regardless of whether the licensee was relying on the activities of a lessee to meet particular performance requirements. ( 6 ) Regulatory classification. If the regulatory status of the licensee (e.g., common carrier or non-common carrier status) is prescribed by rule, the regulatory status of the spectrum lessee is prescribed in the same manner, except that § 20.9(a) of this chapter shall not preclude a licensee in the services covered by that rule from entering into a spectrum leasing arrangement with a spectrum lessee that chooses to operate on a Private Mobile Radio Service (PMRS), private, or non-commercial basis. ( 7 ) Regulatory fees. The licensee remains responsible for payment of the required regulatory fees that must be paid in advance of its license term ( see § 1.1152 ). Where, however, regulatory fees are paid annually on a per-unit basis (such as for Commercial Mobile Radio Services (CMRS) pursuant to § 1.1152 ), the licensee and spectrum lessee are each required to pay fees for those units associated with its respective operations. ( 8 ) E911 requirements. If E911 obligations apply to the licensee (see § 9.10 of this chapter ), the licensee retains the obligations with respect to leased spectrum. However, if the spectrum lessee is a Contraband Interdiction System (CIS) provider, as defined in § 1.9003 , then the CIS provider is responsible for compliance with § 9.10(r) regarding E911 transmission obligations. ( e ) Notifications regarding spectrum manager leasing arrangements. A licensee that seeks to enter into a spectrum manager leasing arrangement must notify the Commission of the arrangement in advance of the spectrum lessee's commencement of operations under the lease. Unless the license covering the spectrum to be leased is held pursuant to the Commission's designated entity rules and continues to be subject to unjust enrichment requirements and/or transfer restrictions ( see §§ 1.2110 and 1.2111 , and §§ 24.709 , 24.714 , and 24.839 of this chapter ) or restrictions in § 1.9046 and § 96.32 of this chapter , the spectrum manager lease notification will be processed pursuant to either the general notification procedures or the immediate processing procedures, as set forth herein. The licensee must submit the notification to the Commission by electronic filing using the Universal Licensing System (ULS) and FCC Form 608, except that a licensee falling within the provisions of § 1.913(d) may file the notification either electronically or manually. If the license covering the spectrum to be leased is held pursuant to the Commission's designated entity rules, the spectrum manager lease will require Commission acceptance of the spectrum manager lease notification prior to the commencement of operations under the lease. ( 1 ) General notification procedures. Notifications of spectrum manager leasing arrangements will be processed pursuant to the general notification procedures set forth in this paragraph (e)(1) unless they are submitted and qualify for the immediate processing procedures set forth in paragraph (e)(2) of this section. ( i ) To be accepted under these general notification procedures, the notification must be sufficiently complete and contain all information and certifications requested on the applicable form, FCC Form 608, including any information and certifications (including those of the spectrum lessee relating to eligibility, basic qualifications, and foreign ownership) required by the rules in this chapter and any rules pertaining to the specific service for which the notification is filed. No application fees are required for the filing of a spectrum manager leasing notification. ( ii ) The licensee must submit such notification at least 21 days in advance of commencing operations unless the arrangement is for a term of one year or less, in which case the licensee must provide notification to the Commission at least ten (10) days in advance of operation. If the licensee and spectrum lessee thereafter seek to extend this leasing arrangement for an additional term beyond the initial term, the licensee must provide the Commission with notification of the new spectrum leasing arrangement at least 21 days in advance of operation under the extended term. ( iii ) A notification filed pursuant to these general notification procedures will be placed on an informational public notice on a weekly basis ( see § 1.933(a) ) once accepted, and is subject to reconsideration ( see §§ 1.106(f) , 1.108 , 1.113 ). ( 2 ) Immediate processing procedures. Notifications that meet the requirements of paragraph (e)(2)(i) of this section, and notifications for Contraband Interdiction Systems as defined in § 1.9003 that meet the requirements of paragraph (e)(2)(ii) of this section, qualify for the immediate processing procedures. ( i ) To qualify for these immediate processing procedures, the notification must be sufficiently complete and contain all necessary information and certifications (including those relating to eligibility, basic qualifications, and foreign ownership) required for notifications processed under the general notification procedures set forth in paragraph (e)(1)(i) of this section, and also must establish, through certifications, that the following additional qualifications are met: ( A ) The license does not involve spectrum that may be used to provide interconnected mobile voice and/or data services under the applicable service rules and that would, if the spectrum leasing arrangement were consummated, create a geographic overlap with spectrum in any licensed Wireless Radio Service (including the same service), or in the ATC of a Mobile Satellite Service, in which the proposed spectrum lessee already holds a direct or indirect interest of 10% or more ( see § 1.2112 ), either as a licensee or a spectrum lessee, and that could be used by the spectrum lessee to provide interconnected mobile voice and/or data services; ( B ) The licensee is not a designated entity or entrepreneur subject to unjust enrichment requirements and/or transfer restrictions under applicable Commission rules ( see §§ 1.2110 and 1.2111 , and §§ 24.709 , 24.714 , and 24.839 of this chapter ); ( C ) The spectrum leasing arrangement does not require a waiver of, or declaratory ruling pertaining to, any applicable Commission rules; and ( D ) The application does not involve a transaction in the Enhanced Competition Incentive Program (see subpart EE of this part ). ( ii ) A lessee of spectrum used in a Contraband Interdiction System qualifies for these immediate processing procedures if the notification is sufficiently complete and contains all necessary information and certifications (including those relating to eligibility, basic qualifications, and foreign ownership) required for notifications processed under the general notification procedures set forth in paragraph (e)(1)(i) of this section, and must not require a waiver of, or declaratory ruling pertaining to, any applicable Commission rules. ( iii ) Provided that the notification establishes that the proposed spectrum manager leasing arrangement meets all of the requisite elements to qualify for these immediate processing procedures, ULS will reflect that the notification has been accepted. If a qualifying notification is filed electronically, the acceptance will be reflected in ULS on the next business day after filing of the notification; if filed manually, the acceptance will be reflected in ULS on the next business day after the necessary data from the manually filed notification is entered into ULS. Once the notification has been accepted, as reflected in ULS, the spectrum lessee may commence operations under the spectrum leasing arrangement, consistent with the term of the arrangement. ( iv ) A notification filed pursuant to these immediate processing procedures will be placed on an informational public notice on a weekly basis ( see § 1.933(a) ) once accepted, and is subject to reconsideration ( see §§ 1.106(f) , 1.108 , 1.113 ). ( f ) Effective date of a spectrum manager leasing arrangement. The spectrum manager leasing arrangement will be deemed effective in the Commission's records, and for purposes of the application of the rules set forth in this section, as of the beginning date of the term as specified in the spectrum leasing notification. ( g ) Commission termination of a spectrum manager leasing arrangement. The Commission retains the right to investigate and terminate any spectrum manager leasing arrangement if it determines, post-notification, that the arrangement constitutes an unauthorized transfer of de facto control of the leased spectrum, is otherwise in violation of the rules in this chapter, or raises foreign ownership, competitive, or other public interest concerns. Information concerning any such termination will be placed on public notice. ( h ) Expiration, extension, or termination of a spectrum leasing arrangement. ( 1 ) Absent Commission termination or except as provided in paragraph (h)(2) or (h)(3) of this section, a spectrum leasing arrangement entered into pursuant to this section will expire on the termination date set forth in the spectrum leasing notification. ( 2 ) A spectrum leasing arrangement may be extended beyond the initial term set forth in the spectrum leasing notification provided that the licensee notifies the Commission of the extension in advance of operation under the extended term and does so pursuant to the general notification procedures or immediate processing procedures set forth in this section, whichever is applicable. If the general notification procedures are applicable, the licensee must notify the Commission at least 21 days in advance of operation under the extended term. ( 3 ) If a spectrum leasing arrangement is terminated earlier than the termination date set forth in the notification, either by the licensee or by the parties' mutual agreement, the licensee must file a notification with the Commission, no later than ten (10) days after the early termination, indicating the date of the termination. If the parties fail to put the spectrum leasing arrangement into effect, they must so notify the Commission consistent with the provisions of this section. ( 4 ) The Commission will place information concerning an extension or an early termination of a spectrum leasing arrangement on public notice. ( i ) Assignment of a spectrum leasing arrangement. The spectrum lessee may assign its spectrum leasing arrangement to another entity provided that the licensee has agreed to such an assignment, is in privity with the assignee, and notifies the Commission before the consummation of the assignment, pursuant to the applicable notification procedures set forth in this section. In the case of a non-substantial ( pro forma ) assignment that falls within the class of pro forma transactions for which prior Commission approval would not be required under § 1.948(c)(1) , the licensee must file notification of the assignment with the Commission, using FCC Form 608 and providing any necessary updates of ownership information, within 30 days of its completion. The Commission will place information related to the assignment, whether substantial or pro forma, on public notice. ( j ) Transfer of control of a spectrum lessee. The licensee must notify the Commission of any transfer of control of a spectrum lessee before the consummation of the transfer of control, pursuant to the applicable notification procedures of this section. In the case of a non-substantial ( pro forma ) transfer of control that falls within the class of pro forma transactions for which prior Commission approval would not be required under § 1.948(c)(1) , the licensee must file notification of the transfer of control with the Commission, using FCC Form 608 and providing any necessary updates of ownership information, within 30 days of its completion. The Commission will place information related to the transfer of control, whether substantial or pro forma, on public notice. ( k ) Revocation or automatic cancellation of a license or a spectrum lessee's operating authority. ( 1 ) In the event an authorization held by a licensee that has entered into a spectrum leasing arrangement is revoked or cancelled, the spectrum lessee will be required to terminate its operations no later than the date on which the licensee ceases to have any authority to operate under the license, except as provided in paragraph (j)(2) of this section. ( 2 ) In the event of a license revocation or cancellation, the Commission will consider a request by the spectrum lessee for special temporary authority ( see § 1.931 ) to provide the spectrum lessee with an opportunity to transition its users in order to minimize service disruption to business and other activities. ( 3 ) In the event of a license revocation or cancellation, and the required termination of the spectrum lessee's operations, the former spectrum lessee does not, as a result of its former status, receive any preference over any other party should the spectrum lessee seek to obtain the revoked or cancelled license. ( l ) Subleasing. A spectrum lessee may sublease the leased spectrum usage rights subject to the licensee's consent and the licensee's establishment of privity with the spectrum sublessee. The licensee must submit a notification regarding the spectrum subleasing arrangement in accordance with the applicable notification procedures set forth in this section. ( m ) Renewal. Although the term of a spectrum manager leasing arrangement may not be longer than the term of a license authorization, a licensee and spectrum lessee that have entered into an arrangement whose term continues to the end of the current term of the license authorization may, contingent on the Commission's grant of the license renewal, renew the spectrum leasing arrangement to extend into the term of the renewed license authorization. The Commission must be notified of the renewal of the spectrum leasing arrangement at the same time that the licensee submits its application for license renewal ( see § 1.949 ). The spectrum lessee may operate under the extended term, without further action by the Commission, until such time as the Commission shall make a final determination with respect to the renewal of the license authorization and the extension of the spectrum leasing arrangement into the term of the renewed license authorization. ( n ) Community notification requirement for certain contraband interdiction systems. 10 days prior to deploying a Contraband Interdiction System that prevents communications to or from mobile devices, a lessee must notify the community in which the correctional facility is located. The notification must include a description of what the system is intended to do, the date the system is scheduled to begin operating, and the location of the correctional facility. Notification must be tailored to reach the community immediately adjacent to the correctional facility, including through local television, radio, Internet news sources, or community groups, as may be appropriate. No notification is required, however, for brief tests of a system prior to deployment. [ 68 FR 66277 , Nov. 25, 2003, as amended at 69 FR 72027 , Dec. 10, 2004; 69 FR 77551 , Dec. 27, 2004; 76 FR 31259 , May 31, 2011; 80 FR 56816 , Sept. 18, 2015; 81 FR 49065 , July 26, 2016; 82 FR 22297 , May 15, 2017; 82 FR 22759 , May 18, 2017; 84 FR 66760 , Dec. 5, 2019; 84 FR 57364 , Oct. 25, 2019; 87 FR 57417 , Sept. 20, 2022] § 1.9030 Long-term de facto transfer leasing arrangements. ( a ) Overview. Under the provisions of this section, a licensee (in any of the included services) and a spectrum lessee may enter into a long-term de facto transfer leasing arrangement in which the licensee retains de jure control of the license while de facto control of the leased spectrum is transferred to the spectrum lessee for the duration of the spectrum leasing arrangement, subject to prior Commission consent pursuant to the application procedures set forth in this section. A “long-term” de facto transfer leasing arrangement has an individual term, or series of combined terms, of more than one year. The term of a long-term de facto transfer leasing arrangement may be no longer than the term of the license authorization. ( b ) Rights and responsibilities of the licensee. ( 1 ) Except as provided in paragraph (b)(2) of this section, the licensee is relieved of primary and direct responsibility for ensuring that the spectrum lessee's operations comply with the Communications Act and Commission policies and rules. ( 2 ) The licensee is responsible for its own violations, including those related to its spectrum leasing arrangement with the spectrum lessee, and for ongoing violations or other egregious behavior on the part of the spectrum lessee about which the licensee has knowledge or should have knowledge. ( 3 ) The licensee must retain a copy of the spectrum leasing agreement and make it available upon request by the Commission. ( c ) Rights and responsibilities of the spectrum lessee. ( 1 ) The spectrum lessee assumes primary responsibility for complying with the Communications Act and applicable Commission policies and rules. ( 2 ) The spectrum lessee is granted an instrument of authorization pertaining to the de facto transfer leasing arrangement that brings it within the scope of the Commission's direct forfeiture provisions under section 503(b) of the Communications Act. ( 3 ) The spectrum lessee is responsible for interacting with the Commission regarding the leased spectrum and for making all related filings (e.g., all applications and notifications, submissions of any materials required to support a required Environmental Assessment, any reports required by Commission rules and applicable to the lessee, information necessary to facilitate international or Interdepartment Radio Advisory Committee (IRAC) coordination). ( 4 ) The spectrum lessee is required to maintain accurate information on file pursuant to Commission rules ( see § 1.65 of subpart A of this part ). ( 5 ) The spectrum lessee must retain a copy of the spectrum leasing agreement and make it available upon request by the Commission. ( d ) Applicability of particular service rules and policies. Under a long-term de facto transfer leasing arrangement, the service rules and policies apply in the following manner to the licensee and spectrum lessee: ( 1 ) Interference-related rules. The interference and radiofrequency (RF) safety rules applicable to use of the spectrum by the licensee as a condition of its license authorization also apply to the use of the spectrum leased by the spectrum lessee. ( 2 ) General eligibility rules. ( i ) The spectrum lessee must meet the same eligibility and qualification requirements that are applicable to the licensee under its license authorization. A spectrum lessee entering into a spectrum leasing arrangement involving a licensee in the Public Safety Radio Services (see part 90, subpart B and § 90.311(a)(1)(i) of this chapter ) is not required to comply with the eligibility requirements pertaining to such a licensee so long as the spectrum lessee is an entity providing communications in support of public safety operations (see § 90.523(b) of this chapter ). ( ii ) The spectrum lessee must meet applicable foreign ownership eligibility requirements (see sections 310(a), 310(b) of the Communications Act). ( iii ) The spectrum lessee must satisfy any qualification requirements, including character qualifications, applicable to the licensee under its license authorization. ( iv ) The spectrum lessee must not be a person subject to denial of Federal benefits under the Anti-Drug Abuse Act of 1988 ( see § 1.2001 et seq. of subpart P of this part ). ( 3 ) Use restrictions. To the extent that the licensee is restricted from using the licensed spectrum to offer particular services under its license authorization, the use restrictions apply to the spectrum lessee as well. ( 4 ) Designated entity/entrepreneur rules. ( i ) A licensee that holds a license pursuant to small business and/or entrepreneur provisions ( see § 1.2110 and § 24.709 of this chapter ) and continues to be subject to unjust enrichment requirements ( see § 1.2111 and § 24.714 of this chapter ) and/or transfer restrictions ( see § 24.839 of this chapter ) may enter into a long-term de facto transfer leasing arrangement with any entity under the streamlined processing procedures described in this section, subject to any applicable unjust enrichment payment obligations and/or transfer restrictions ( see § 1.2111 and § 24.839 of this chapter ). ( ii ) A licensee holding a license won in closed bidding ( see § 24.709 of this chapter ) may, during the first five years of the license term, enter into a spectrum leasing arrangement with an entity not eligible to hold such a license pursuant to the requirements of § 24.709(a) of this chapter so long as it has met its five-year construction requirement ( see §§ 24.203 , 24.839(a)(6) of this chapter ). ( iii ) The amount of any unjust enrichment payment will be determined by the Commission as part of its review of the application under the same rules that apply in the context of a license assignment or transfer of control ( see § 1.2111 and § 24.714 of this chapter ). If the spectrum leasing arrangement involves only part of the license area and/or part of the bandwidth covered by the license, the unjust enrichment obligation will be apportioned as though the license were being partitioned and/or disaggregated ( see § 1.2111(c) and § 24.714(c) of this chapter ). A licensee will receive no reduction in its unjust enrichment payment obligation for a spectrum leasing arrangement that ends prior to the end of the fifth year of the license term. ( iv ) A licensee that participates in the Commission's installment payment program ( see § 1.2110(g) ) may enter into a long-term de facto transfer leasing arrangement without triggering unjust enrichment obligations provided that the lessee would qualify for as favorable a category of installment payments. A licensee using installment payment financing that seeks to lease to an entity not meeting the eligibility standards for as favorable a category of installment payments must make full payment of the remaining unpaid principal and any unpaid interest accrued through the effective date of the spectrum leasing arrangement ( see § 1.2111(a) ). This requirement applies regardless of whether the licensee is leasing all or a portion of its bandwidth and/or license area. ( 5 ) Construction/performance requirements. Any performance or build-out requirement applicable under a license authorization (e.g., a requirement that the licensee construct and operate one or more specific facilities, cover a certain percentage of geographic area, cover a certain percentage of population, or provide substantial service) always remains a condition of the license, and the legal responsibility for meeting such obligation is not delegable to the spectrum lessee(s). ( i ) The licensee may attribute to itself the build-out or performance activities of its spectrum lessee(s) for purposes of complying with any applicable build-out or performance requirement. ( ii ) If a licensee relies on the activities of a spectrum lessee to meet the licensee's performance or build-out obligation, and the spectrum lessee fails to engage in those activities, the Commission will enforce the applicable performance or build-out requirements against the licensee, consistent with the applicable rules. ( iii ) If there are rules applicable to the license concerning the discontinuance of operation, the licensee is accountable for any such discontinuance and the rules will be enforced against the licensee regardless of whether the licensee was relying on the activities of a lessee to meet particular performance requirements. ( 6 ) Regulatory classification. If the regulatory status of the licensee (e.g., common carrier or non-common carrier status) is prescribed by rule, the regulatory status of the spectrum lessee is prescribed in the same manner, except that § 20.9(a) of this chapter shall not preclude a licensee in the services covered by that rule from entering into a spectrum leasing arrangement with a spectrum lessee that chooses to operate on a PMRS, private, or non-commercial basis. ( 7 ) Regulatory fees. The licensee remains responsible for payment of the required regulatory fees that must be paid in advance of its license term ( see § 1.1152 ). Where, however, regulatory fees are paid annually on a per-unit basis (such as for CMRS services pursuant to § 1.1152 ), the licensee and spectrum lessee each are required to pay fees for those units associated with its respective operations. ( 8 ) E911 requirements. To the extent the licensee is required to meet E911 obligations (see § 9.10 of this chapter ), the spectrum lessee is required to meet those obligations with respect to the spectrum leased under the spectrum leasing arrangement insofar as the spectrum lessee's operations are encompassed within the E911 obligations. If the spectrum lessee is a Contraband Interdiction System (CIS) provider, as defined in § 1.9003 , then the CIS provider is responsible for compliance with § 9.10(r) regarding E911 transmission obligations. ( e ) Applications for long-term de facto transfer leasing arrangements. Applications for long-term de facto transfer leasing arrangements will be processed either pursuant to the general approval procedures or the immediate approval procedures, as discussed herein. Spectrum leasing parties must submit the application by electronic filing using ULS and FCC Form 608, and obtain Commission consent prior to consummating the transfer of de facto control of the leased spectrum, except that parties falling within the provisions of § 1.913(d) may file the application either electronically or manually. ( 1 ) General approval procedures. Applications for long-term de facto transfer leasing arrangements will be processed pursuant to the general approval procedures set forth in this paragraph unless they are submitted and qualify for the immediate approval procedures set forth in paragraph (e)(2) of this section. ( i ) To be accepted for filing under these general approval procedures, the application must be sufficiently complete and contain all information and certifications requested on the applicable form, FCC Form 608, including any information and certifications (including those of the spectrum lessee relating to eligibility, basic qualifications, and foreign ownership) required by the rules in this chapter and any rules pertaining to the specific service for which the application is filed. In addition, the spectrum leasing application must include payment of the required application fee(s); for purposes of determining the applicable application fee(s), the application will be treated as a transfer of control ( see § 1.1102 ). ( ii ) Once accepted for filing, the application will be placed on public notice, except no prior public notice will be required for applications involving authorizations in the Private Wireless Services, as specified in § 1.933(d)(9) . ( iii ) Petitions to deny filed in accordance with section 309(d) of the Communications Act must comply with the provisions of § 1.939 , except that such petitions must be filed no later than 14 days following the date of the public notice listing the application as accepted for filing. ( iv ) No later than 21 days following the date of the public notice listing an application as accepted for filing, the Wireless Telecommunications Bureau (Bureau) will affirmatively consent to the application, deny the application, or determine to subject the application to further review. For applications for which no prior public notice is required, the Bureau will affirmatively consent to the application, deny the application, or determine to subject the application to further review no later than 21 days following the date on which the application has been filed and any required application fee has been paid ( see § 1.1102 ). ( v ) If the Bureau determines to subject the application to further review, it will issue a public notice so indicating. Within 90 days following the date of that public notice, the Bureau will either take action upon the application or provide public notice that an additional 90-day period for review is needed. ( vi ) Consent to the application is not deemed granted until the Bureau affirmatively acts upon the application. ( vii ) Grant of consent to the application will be reflected in a public notice ( see § 1.933(a) ) promptly issued after the grant, and is subject to reconsideration ( see §§ 1.106(f) , 1.108 , 1.113 ). ( viii ) If any petition to deny is filed, and the Bureau grants the application, the Bureau will deny the petition(s) and issue a concise statement of the reason(s) for denial, disposing of all substantive issues raised in the petition(s). ( 2 ) Immediate approval procedures. Applications that meet the requirements of paragraph (e)(2)(i) of this section, and applications for Contraband Interdiction Systems as defined in § 1.9003 that meet the requirements of paragraph (e)(2)(ii) of this section, qualify for the immediate approval procedures. ( i ) To qualify for the immediate approval procedures, the application must be sufficiently complete, contain all necessary information and certifications (including those relating to eligibility, basic qualifications, and foreign ownership), and include payment of the requisite application fee(s), as required for an application processed under the general approval procedures set forth in paragraph (e)(1)(i) of this section, and also must establish, through certifications, that the following additional qualifications are met: ( A ) The license does not involve spectrum licensed in a Wireless Radio Service that may be used to provide interconnected mobile voice and/or data services under the applicable service rules and that would, if the spectrum leasing arrangement were consummated, create a geographic overlap with spectrum in any licensed Wireless Service (including the same service) in which the proposed spectrum lessee already holds a direct or indirect interest of 10% or more ( see § 1.2112 ), either as a licensee or a spectrum lessee, and that could be used by the spectrum lessee to provide interconnected mobile voice and/or data services; ( B ) The licensee is not a designated entity or entrepreneur subject to unjust enrichment requirements and/or transfer restrictions under applicable Commission rules ( see §§ 1.2110 and 1.2111 , and §§ 24.709 , 24.714 , and 24.839 of this chapter ); ( C ) The spectrum leasing arrangement does not require a waiver of, or declaratory ruling pertaining to, any applicable Commission rules; and ( D ) The application does not involve a transaction in the Enhanced Competition Incentive Program (see subpart EE of this part ). ( ii ) A lessee of spectrum used in a Contraband Interdiction System qualifies for these immediate approval procedures if the application is sufficiently complete and contains all necessary information and certifications (including those relating to eligibility, basic qualifications, and foreign ownership) required for applications processed under the general application procedures set forth in paragraph (e)(1)(i) of this section, and must not require a waiver of, or declaratory ruling pertaining to, any applicable Commission rules. ( iii ) Provided that the application establishes that it meets all of the requisite elements to qualify for these immediate approval procedures, consent to the de facto transfer spectrum leasing arrangement will be reflected in ULS. If the application is filed electronically, consent will be reflected in ULS on the next business day after filing of the application; if filed manually, consent will be reflected in ULS on the next business day after the necessary data from the manually filed application is entered into ULS. Consent to the application is not deemed granted until the Bureau affirmatively acts upon the application, as reflected in ULS. ( iv ) Grant of consent to the application under these immediate approval procedures will be reflected in a public notice ( see § 1.933(a) ) promptly issued after grant, and is subject to reconsideration ( see §§ 1.106(f) , 1.108 , 1.113 ). ( f ) Effective date of a de facto transfer leasing arrangement. If the Commission consents to the de facto transfer leasing arrangement, the de facto transfer leasing arrangement will be deemed effective in the Commission's records, and for purposes of the application of the rules set forth in this section, on the date set forth in the application. If the Commission consents to the arrangement after that specified date, the spectrum leasing application will become effective on the date of the Commission affirmative consent. ( g ) Expiration, extension, or termination of spectrum leasing arrangement. ( 1 ) Except as provided in paragraph (g)(2) or (g)(3) of this section, a spectrum leasing arrangement entered into pursuant to this section will expire on the termination date set forth in the application. The Commission's consent to the de facto transfer leasing application includes consent to return the leased spectrum to the licensee at the end of the term of the spectrum leasing arrangement. ( 2 ) A spectrum leasing arrangement may be extended beyond the initial term set forth in the spectrum leasing application pursuant to the applicable application procedures set forth in § 1.9030(e) . Where there is pending before the Commission at the date of termination of the spectrum leasing arrangement a proper and timely application seeking to extend the arrangement, the parties may continue to operate under the original spectrum leasing arrangement without further action by the Commission until such time as the Commission shall make a final determination with respect to the application. ( 3 ) If a spectrum leasing arrangement is terminated earlier than the termination date set forth in the notification, either by the licensee or by the parties' mutual agreement, the licensee must file a notification with the Commission, no later than ten (10) days after the early termination, indicating the date of the termination. If the parties fail to put the spectrum leasing arrangement into effect, they must so notify the Commission consistent with the provisions of this section. ( 4 ) The Commission will place information concerning an extension or an early termination of a spectrum leasing arrangement on public notice. ( h ) Assignment of spectrum leasing arrangement. The spectrum lessee may assign its lease to another entity provided that the licensee has agreed to such an assignment, there is privity between the licensee and the assignee, and the assignment is approved by the Commission pursuant to the same application and approval procedures set forth in this section. In the case of a non-substantial ( pro forma ) assignment that falls within the class of pro forma transactions for which prior Commission approval would not be required under § 1.948(c)(1) , the parties involved in the assignment must file notification of the assignment with the Commission, using FCC Form 608 and providing any necessary updates of ownership information, within 30 days of its completion. The Commission will place information related to the assignment, whether substantial or pro forma , on public notice. ( i ) Transfer of control of a spectrum lessee. A spectrum lessee seeking the transfer of control must obtain Commission consent using the same application and Commission consent procedures set forth in this section. In the case of a non-substantial ( pro forma ) transfer of control that falls within the class of pro forma transactions for which prior Commission approval would not be required under § 1.948(c)(1) , the parties involved in the transfer of control must file notification of the transfer of control with the Commission, using FCC Form 608 and providing any necessary updates of ownership information, within 30 days of its completion. The Commission will place information related to the transfer of control, whether substantial or pro forma, on public notice. ( j ) Revocation or automatic cancellation of a license or the spectrum lessee's operating authority. ( 1 ) In the event an authorization held by a licensee that has entered into a spectrum leasing arrangement is revoked or cancelled, the spectrum lessee will be required to terminate its operations no later than the date on which the licensee ceases to have authority to operate under the license, except as provided in paragraph (i)(2) of this section. ( 2 ) In the event of a license revocation or cancellation, the Commission will consider a request by the spectrum lessee for special temporary authority ( see § 1.931 ) to provide the spectrum lessee with an opportunity to transition its users in order to minimize service disruption to business and other activities. ( 3 ) In the event of a license revocation or cancellation, and the required termination of the spectrum lessee's operations, the former spectrum lessee does not, as a result of its former status, receive any preference over any other party should the spectrum lessee seek to obtain the revoked or cancelled license. ( k ) Subleasing. A spectrum lessee may sublease spectrum usage rights subject to the following conditions. Parties entering into a spectrum subleasing arrangement are required to comply with the Commission's rules for obtaining approval for spectrum leasing arrangements provided in this subpart and are governed by those same policies. The application filed by parties to a spectrum subleasing arrangement must include written consent from the licensee to the proposed arrangement. Once a spectrum subleasing arrangement has been approved by the Commission, the sublessee becomes the party primarily responsible for compliance with Commission rules and policies. ( l ) Renewal. Although the term of a long-term de facto transfer spectrum leasing arrangement may not be longer than the term of a license authorization, a licensee and spectrum lessee that have entered into an arrangement whose term continues to the end of the current term of the license authorization may, contingent on the Commission's grant of the license renewal, extend the spectrum leasing arrangement into the term of the renewed license authorization. The Commission must be notified of the renewal of the spectrum leasing arrangement at the same time that the licensee submits its application for license renewal ( see § 1.949 ). The spectrum lessee may operate under the extended term, without further action by the Commission, until such time as the Commission shall make a final determination with respect to the renewal of the license authorization and the extension of the spectrum leasing arrangement into the term of the renewed license authorization. ( m ) Community notification requirement for certain contraband interdiction systems. 10 days prior to deploying a Contraband Interdiction System that prevents communications to or from mobile devices, a lessee must notify the community in which the correctional facility is located. The notification must include a description of what the system is intended to do, the date the system is scheduled to begin operating, and the location of the correctional facility. Notification must be tailored to reach the community immediately adjacent to the correctional facility, including through local television, radio, Internet news sources, or community groups, as may be appropriate. No notification is required, however, for brief tests of a system prior to deployment. [ 68 FR 66277 , Nov. 25, 2003, as amended at 69 FR 72027 , Dec. 10, 2004; 69 FR 77554 , Dec. 27, 2004; 80 FR 56816 , Sept. 18, 2015; 82 FR 22760 , May 18, 2017; 84 FR 66760 , Dec. 5, 2019; 84 FR 57364 , Oct. 25, 2019; 87 FR 57417 , Sept. 20, 2022] § 1.9035 Short-term de facto transfer leasing arrangements. ( a ) Overview. Under the provisions of this section, a licensee (in any of the included services) and a spectrum lessee may enter into a short-term de facto transfer leasing arrangement in which the licensee retains de jure control of the license while de facto control of the leased spectrum is transferred to the spectrum lessee for the duration of the spectrum leasing arrangement, subject to prior Commission consent pursuant to the application procedures set forth in this section. A “short-term” de facto transfer leasing arrangement has an individual or combined term of not longer than one year. The term of a short-term de facto transfer leasing arrangement may be no longer than the term of the license authorization. ( b ) Rights and responsibilities of licensee. The rights and responsibilities applicable to a licensee that enters into a short-term de facto transfer leasing arrangement are the same as those applicable to a licensee that enters into a long-term de facto transfer leasing arrangement, as set forth in § 1.9030(b) . ( c ) Rights and responsibilities of spectrum lessee. The rights and responsibilities applicable to a spectrum lessee that enters into a short-term de facto transfer leasing arrangement are the same as those applicable to a spectrum lessee that enters into a long-term de facto transfer leasing arrangement, as set forth in § 1.9030(c) . ( d ) Applicability of particular service rules and policies. Under a short-term de facto leasing arrangement, the service rules and policies apply to the licensee and spectrum lessee in the same manner as under long-term de facto transfer leasing arrangements ( see § 1.9030(d) ), except as provided herein: ( 1 ) Use restrictions and regulatory classification. Use restrictions applicable to the licensee also apply to the spectrum lessee except that § 20.9(a) of this chapter shall not preclude a licensee in the services covered by that rule from entering into a spectrum leasing arrangement with a spectrum lessee that chooses to operate on a PMRS, private, or non-commercial basis, and except that a licensee with an authorization that restricts use of spectrum to non-commercial uses may enter into a short-term de facto transfer leasing arrangement that allows the spectrum lessee to use the spectrum commercially. ( 2 ) Designated entity/entrepreneur rules. Unjust enrichment provisions ( see § 1.2111 ) and transfer restrictions ( see § 24.839 of this chapter ) do not apply with regard to a short-term de facto transfer leasing arrangement. ( 3 ) Construction/performance requirements. The licensee is not permitted to attribute to itself the activities of its spectrum lessee when seeking to establish that performance or build-out requirements applicable to the licensee have been met. ( 4 ) E911 requirements. If E911 obligations apply to the licensee (see § 9.10 of this chapter ), the licensee retains the obligations with respect to leased spectrum. A spectrum lessee entering into a short-term de facto transfer leasing arrangement is not separately required to comply with any such obligations in relation to the leased spectrum. However, if the spectrum lessee is a Contraband Interdiction System (CIS) provider, as defined in § 1.9003 , then the CIS provider is responsible for compliance with § 9.10(r) regarding E911 transmission obligations. ( e ) Spectrum leasing application. Short-term de facto transfer leasing arrangements will be processed pursuant to immediate approval procedures, as discussed herein. Parties entering into a short-term de facto transfer leasing arrangement are required to file an electronic application with the Commission, using FCC Form 608, and obtain Commission consent prior to consummating the transfer of de facto control of the leased spectrum, except that parties falling within the provisions of § 1.913(d) may file the application either electronically or manually. ( 1 ) To be accepted for filing under these immediate approval procedures, the application must be sufficiently complete and contain all information and certifications requested on the applicable form, FCC Form 608, including any information and certifications (including those relating to the spectrum lessee relating to eligibility, basic qualifications, and foreign ownership) required by the rules of this chapter and any rules pertaining to the specific service for which the application is required. In addition, the application must include payment of the required application fee; for purposes of determining the applicable application fee, the application will be treated as a transfer of control ( see § 1.1102 ). Finally, the spectrum leasing arrangement must not require a waiver of, or declaratory ruling, pertaining to any applicable Commission rules. ( 2 ) Provided that the application establishes that it meets all of the requisite elements to qualify for these immediate approval procedures, consent to the short-term de facto transfer spectrum leasing arrangement will be reflected in ULS. If the application is filed electronically, consent will be reflected in ULS on the next business day after filing of the application; if filed manually, consent will be reflected in ULS on the next business day after the necessary data from the manually filed application is entered into ULS. Consent to the application is not deemed granted until the Bureau affirmatively acts upon the application, as reflected in ULS. ( 3 ) Grant of consent to the application under these procedures will be reflected in a public notice ( see § 1.933(a) ) promptly issued after grant, and is subject to reconsideration ( see §§ 1.106(f) , 1.108 , 1.113 ). ( f ) Effective date of spectrum leasing arrangement. The spectrum leasing arrangement will be deemed effective in the Commission's records, and for purposes of the application of the rules set forth in this section, on the date set forth in the application. If the Commission consents to the arrangement after that specified date, the spectrum leasing application will become effective on the date of the Commission affirmative consent. ( g ) Restrictions on the use of short-term de facto transfer leasing arrangements. ( 1 ) The licensee and spectrum lessee are not permitted to use the special rules and expedited procedures applicable to short-term de facto transfer leasing arrangements for arrangements that in fact will exceed one year, or that the parties reasonably expect to exceed one year. ( 2 ) The licensee and spectrum lessee must submit, in sufficient time prior to the expiration of the short-term de facto transfer spectrum leasing arrangement, the appropriate application under the rules and procedures applicable to long-term de facto leasing arrangements, and obtain Commission consent pursuant to those procedures. ( h ) Expiration, extension, or termination of the spectrum leasing arrangement. ( 1 ) Except as provided in paragraph (h)(2) or (h)(3) of this section, a spectrum leasing arrangement entered into pursuant to this section will expire on the termination date set forth in the short-term de facto transfer leasing arrangement. The Commission's approval of the short-term de facto transfer leasing application includes consent to return the leased spectrum to the licensee at the end of the term of the spectrum leasing arrangement. ( 2 ) Upon proper application ( see paragraph (e) of this section), a short-term de facto transfer leasing arrangement may be extended beyond the initial term set forth in the application provided that the initial term and extension(s) together would not result in a leasing arrangement that exceeds a total of one year. ( 3 ) If a spectrum leasing arrangement is terminated earlier than the termination date set forth in the notification, either by the licensee or by the parties' mutual agreement, the licensee must file a notification with the Commission, no later than ten (10) days after the early termination, indicating the date of the termination. If the parties fail to put the spectrum leasing arrangement into effect, they must so notify the Commission consistent with the provisions of this section. ( i ) Conversion of a short-term spectrum leasing arrangement into a long-term de facto transfer leasing arrangement. ( 1 ) In the event the licensee and spectrum lessee involved in a short-term de facto transfer leasing arrangement seek to extend the spectrum leasing arrangement beyond the one-year limit for short-term de facto transfer leasing arrangements, the parties may do so provided that they meet the conditions set forth in paragraphs (i)(2) and (i)(3) of this section. ( 2 ) If a licensee that holds a license that continues to be subject to transfer restrictions and/or requirements relating to unjust enrichment pursuant to the Commission's small business and/or entrepreneur provisions ( see § 1.2110 and § 24.709 of this chapter ) seeks to extend a short-term de facto transfer leasing arrangement with its spectrum lessee (or related entities, as determined pursuant to § 1.2110(b)(2) ) beyond one year, it may convert its arrangement into a long-term de facto transfer spectrum leasing arrangement provided that it complies with the procedures for entering into a long-term de facto transfer leasing arrangement and that it pays any unjust enrichment that would have been owed had the licensee filed a long-term de facto transfer spectrum leasing application at the time it applied for the initial short-term de facto transfer leasing arrangement. ( 3 ) The licensee and spectrum lessee are not permitted to convert a short-term de facto transfer leasing arrangement into a long-term de facto transfer leasing arrangement if the parties would have been restricted, in the first instance, from entering into a long-term de facto transfer leasing arrangement because of a transfer, use, or other restriction applicable to the particular service ( see § 1.9030 ). ( j ) Assignment of spectrum leasing arrangement. The rule applicable to long-term de facto transfer leasing arrangements ( see § 1.9030(g) ) applies in the same manner to short-term de facto transfer leasing arrangements. ( k ) Transfer of control of spectrum lessee. The rule applicable to long-term de facto transfer leasing arrangements ( see § 1.9030(h) ) applies in the same manner to short-term de facto transfer leasing arrangements. ( l ) Revocation or automatic cancellation of a license or the spectrum lessee's operating authority. The rule applicable to long-term de facto transfer leasing arrangements (see § 1.9030(i) ) applies in the same manner to short-term de facto transfer leasing arrangements. ( m ) Subleasing. A spectrum lessee that has entered into a short-term de facto transfer leasing arrangement is not permitted to enter into a spectrum subleasing arrangement. ( n ) Renewal. The rule applicable with regard to long-term de facto transfer leasing arrangements ( see § 1.9030(l) ) applies in the same manner to short-term de facto transfer leasing arrangements, except that the renewal of the short-term de facto transfer leasing arrangement to extend into the term of the renewed license authorization cannot enable the combined terms of the short-term de facto transfer leasing arrangements to exceed one year. The Commission must be notified of the renewal of the spectrum leasing arrangement at the same time that the licensee submits its application for license renewal ( see § 1.949 ). ( o ) Community notification requirement for certain contraband interdiction systems. 10 days prior to deploying a Contraband Interdiction System that prevents communications to or from mobile devices, a lessee must notify the community in which the correctional facility is located. The notification must include a description of what the system is intended to do, the date the system is scheduled to begin operating, and the location of the correctional facility. Notification must be tailored to reach the community immediately adjacent to the correctional facility, including through local television, radio, Internet news sources, or community groups, as may be appropriate. No notification is required, however, for brief tests of a system prior to deployment. [ 68 FR 66277 , Nov. 25, 2003, as amended at 69 FR 77557 , Dec. 27, 2004; 82 FR 22760 , May 18, 2017; 84 FR 66760 , Dec. 5, 2019] Effective Date Note Effective Date Note: At 69 FR 77557 , Dec. 27, 2004, § 1.9035(e) was revised. This paragraph contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 1.9040 Contractual requirements applicable to spectrum leasing arrangements. ( a ) Agreements between licensees and spectrum lessees concerning spectrum leasing arrangements entered into pursuant to the rules of this subpart must contain the following provisions: ( 1 ) The spectrum lessee must comply at all times with applicable rules set forth in this chapter and other applicable law, and the spectrum leasing arrangement may be revoked, cancelled, or terminated by the licensee or Commission if the spectrum lessee fails to comply with the applicable requirements; ( 2 ) If the license is revoked, cancelled, terminated, or otherwise ceases to be in effect, the spectrum lessee has no continuing authority or right to use the leased spectrum unless otherwise authorized by the Commission; ( 3 ) The spectrum leasing arrangement is not an assignment, sale, or transfer of the license itself; ( 4 ) The spectrum leasing arrangement shall not be assigned to any entity that is ineligible or unqualified to enter into a spectrum leasing arrangement under the applicable rules as set forth in this subpart; ( 5 ) The licensee shall not consent to an assignment of a spectrum leasing arrangement unless such assignment complies with applicable Commission rules and regulations. ( b ) Agreements between licensees that hold licenses subject to the Commission's installment payment program ( see § 1.2110 of subpart Q of this part and related service-specific rules) and spectrum lesseeys must contain the following additional provisions: ( 1 ) The express acknowledgement that the license remains subject to the Commission's priority lien and security interest in the license and related proceeds, consistent with the provisions set forth in § 1.9045 ; and ( 2 ) The agreement that the spectrum lessee shall not hold itself out to the public as the holder of the license and shall not hold itself out as a licensee by virtue of its having entered into a spectrum leasing arrangement. § 1.9045 Requirements for spectrum leasing arrangements entered into by licensees participating in the installment payment program. ( a ) If a licensee that holds a license subject to the Commission's installment payment program ( see § 1.2110 of subpart Q of this part and related service-specific rules) enters into a spectrum leasing arrangement pursuant to the rules in this subpart, the licensee remains fully and solely responsible for the outstanding debt amount owed to the Commission. Nothing in a spectrum leasing arrangement, or arising from a spectrum lessee's bankruptcy or receivership, can modify the licensee's sole responsibility for its obligation to repay its entire debt obligation under the installment payment program pursuant to applicable Commission rules and regulations and the associated note(s) and security agreement(s). ( b ) If a licensee holds a license subject to the installment payment program rules ( see § 1.2110 and related service-specific rules), the licensee and any spectrum lessee must execute the Commission-approved financing documents. No licensee or potential spectrum lessee may file a spectrum leasing notification or application without having first executed such Commission-approved financing documentation. In addition, they must certify in the spectrum leasing notification or application that they have both executed such documentation. [ 68 FR 66277 , Nov. 25, 2003, as amended at 69 FR 77558 , Dec. 27, 2004] § 1.9046 Special provisions related to spectrum manager leasing in the Citizens Broadband Radio Service. ( a ) Scope. Subject to § 96.32 of this chapter , a Priority Access Licensee, as defined in § 96.3 of this chapter , is permitted to engage in spectrum manager leasing for any portion of its spectrum or geographic area, outside of the PAL Protection Area, for any bandwidth or duration period of time within the terms of the license with any entity that has provided a certification to the Commission in accordance with this section or pursuant to the general notification procedures of § 1.9020(e) . ( b ) Certification. The lessee seeking to engage in spectrum manager leasing pursuant to this section must certify with the Commission that it meets the same eligibility and qualification requirements applicable to the licensee before entering into a spectrum manger leasing arrangement with a Priority Access Licensee, as defined in § 96.3 of this chapter and maintain the accuracy of such certifications. ( 1 ) Priority Access Licensees, as defined in § 96.3 of this chapter , are deemed to meet the certification requirements. ( 2 ) Entities may also certify by using the Universal Licensing System and FCC Form 608. ( c ) Notifications regarding spectrum manager leasing arrangements. Prior to lessee operation, the licensee seeking to engage in spectrum manager leasing pursuant to § 1.9020(e) must submit notification of the leasing arrangement to the Spectrum Access System Administrator, as defined in § 96.3 of this chapter , by electronic filing. The notification shall include the following information: ( 1 ) Lessee contact information including name, address, telephone number, fax number, email address; ( 2 ) Lessee FCC Registration Number (FRN); ( 3 ) Name of Real Party in Interest and related FCC Registration Number (FRN); ( 4 ) The specific spectrum leased (in terms of amount of bandwidth and geographic area involved) including the call sign(s) affected by the lease; and ( 5 ) The duration of the lease. ( d ) Expiration, extension, or termination of a spectrum leasing arrangement. ( 1 ) Absent Commission termination or except as provided in paragraph (d)(2) or (3) of this section, a spectrum leasing arrangement entered into pursuant to this section will expire on the termination date set forth in the spectrum leasing notification. ( 2 ) A spectrum leasing arrangement may be extended beyond the initial term set forth in the spectrum leasing notification for an additional period not to exceed the term of the Priority Access License, as defined in § 96.3 of this chapter , provided that the licensee notifies the Spectrum Access System Administrator, as defined in § 96.3 of this chapter , of the extension in advance of operation under the extended term and does so pursuant to the notification procedures in this section. ( 3 ) If a spectrum leasing arrangement is terminated earlier than the termination date set forth in the notification, either by the licensee or by the parties' mutual agreement, the licensee must file a notification with the Spectrum Access System Administrator, no later than ten (10) days after the early termination, indicating the date of the termination. If the parties fail to put the spectrum leasing arrangement into effect, they must so notify the Spectrum Access System Administrator as promptly as practicable. ( e ) The Commission will place information concerning the commencement, an extension or an early termination of a spectrum leasing arrangement on public notice. [ 81 FR 49065 , July 26, 2016] Effective Date Note Effective Date Note: At 81 FR 49065 , July 26, 2016, § 1.9046 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 1.9047 Special provisions relating to spectrum leasing arrangements involving terrestrial spectrum rights for supplemental coverage from space. Cross Reference Link to an amendment published at 89 FR 34159 , Apr. 30, 2024. ( a ) Supplemental coverage from space. For purposes of this section, supplemental coverage from space (SCS) has the same meaning as in § 25.103 of this chapter . ( b ) Geographically independent area (GIA). For purposes of this section, geographically independent area (GIA) has the same meaning as in § 25.103 of this chapter . ( c ) Part 25 SCS Entry Criteria. For purposes of this section, part 25 SCS Entry Criteria refers to the requirements outlined in § 25.125(a) and (b) of this chapter . ( d ) Scope. Under this section, a licensee may enter into a spectrum manager ( see § 1.9020 ) or de facto transfer (see §§ 1.9030 and 1.9035 ) leasing or subleasing arrangement with a spectrum lessee in only the bands identified in § 2.106(d)(33)(i) of this chapter for the purpose of meeting the part 25 SCS Entry Criteria. ( 1 ) The licensee seeking to engage in spectrum leasing under this section may do so under the following parameters: ( i ) A single licensee that holds all co-channel licenses on the relevant band in a GIA may enter into a leasing arrangement with one or more satellite operators. ( ii ) If there are multiple co-channel licensees that collectively hold all co-channel licenses in a particular band throughout one of six GIAs, the licensees may enter into spectrum leasing arrangements only under one of the following conditions: ( A ) One licensee holding a license in the GIA must enter into an individual spectrum leasing arrangement with each of the other co-channel licensees in that GIA. The licensee may then enter into a leasing arrangement with one satellite operator; or ( B ) One satellite operator may enter into individual leasing arrangements with each of the relevant co-channel licensees that together hold all co-channel licenses on the relevant band in the GIA. ( 2 ) [Reserved] ( e ) FirstNet. In order for the First Responder Network Authority (FirstNet), as defined in 47 U.S.C. 1424 , to fulfill the part 25 SCS Entry Criteria, FirstNet must file an FCC Form 601 in the Universal Licensing System (ULS) that: ( 1 ) Describes the manner in which FirstNet has conveyed to its satellite partner an authorization to utilize the 758-769/788-799 MHz band or portions of the band; ( 2 ) Identifies and describes the geographic area(s) and nature of the proposed SCS operations; and ( 3 ) Demonstrates how, under the agreement, the rights and responsibilities of the satellite operator partner are substantively the same as those of a lessee under this part. ( f ) Subleasing. Notwithstanding the provisions of §§ 1.9020(l) and 1.9030(k) , an SCS spectrum lessee may sublease spectrum usage rights subject to the following condition. ( 1 ) Satellite operators may not enter into a spectrum subleasing arrangement where there are multiple terrestrial licensees jointly leasing their co-channel rights in a given GIA pursuant to paragraph (d)(1)(ii) of this section. ( 2 ) [Reserved] ( g ) Construction/performance requirements. Notwithstanding the provisions of §§ 1.9020(d)(5)(i) and 1.9030(d)(5)(i) , a licensee may not attribute to itself the build-out or performance activities of its SCS spectrum lessee(s) for purposes of complying with any applicable performance or build-out requirement. [ 89 FR 34159 , Apr. 30, 2024] § 1.9048 Special provisions relating to spectrum leasing arrangements involving licensees in the Public Safety Radio Services. Licensees in the Public Safety Radio Services (see part 90, subpart B, and § 90.311(a)(1)(i) of this chapter ) may enter into spectrum leasing arrangements with other public safety entities eligible for such a license authorization as well as with entities providing communications in support of public safety operations (see § 90.523(b) of this chapter ). [ 86 FR 59869 , Oct. 29, 2021] § 1.9049 Special provisions relating to spectrum leasing arrangements involving the ancillary terrestrial component of Mobile Satellite Services. ( a ) A license issued under part 25 of the Commission's rules that provides authority for an ATC will be considered to provide “exclusive use rights” for purpose of this subpart of the rules. ( b ) For the purpose of this subpart, a Mobile Satellite Service licensee with an ATC authorization may enter into a spectrum manager leasing arrangement with a spectrum lessee ( see § 1.9020 ). Notwithstanding the provisions of §§ 1.9030 and 1.9035 , a MSS licensee is not permitted to enter into a de facto transfer leasing arrangement with a spectrum lessee. ( c ) For purposes of § 1.9020(d)(8) , the Mobile Satellite Service licensee's obligation, if any, concerning the E911 requirements in § 9.10 of this chapter , will, with respect to an ATC, be specified in the licensing document for the ATC. ( d ) The following provision shall apply, in lieu of § 1.9020(m) , with respect to spectrum leasing of an ATC: ( 1 ) Although the term of a spectrum manager leasing arrangement may not be longer than the term of the ATC license, a licensee and spectrum lessee that have entered into an arrangement, the term of which continues to the end of the current term of the license may, contingent on the Commission's grant of a modification or renewal of the license to extend the license term, extend the spectrum leasing arrangement into the new license term. The Commission must be notified of the extension of the spectrum leasing arrangement at the same time that the licensee submits the application seeking an extended license term. In the event the parties to the arrangement agree to extend it into the new license term, the spectrum lessee may continue to operate consistent with the terms and conditions of the expired license, without further action by the Commission, until such time as the Commission makes a final determination with respect to the extension or renewal of the license. ( 2 ) Reserved. [ 76 FR 31259 , May 31, 2011, as amended at 84 FR 66760 , Dec. 5, 2019] § 1.9050 Who may sign spectrum leasing notifications and applications. Under the rules set forth in this subpart, certain notifications and applications to the Commission must be filed by licensees and spectrum lessees that enter into spectrum leasing arrangements. In addition, the rules require that certain notifications and applications be filed by the licensee and/or the spectrum lessee after they have entered into such arrangements. Whether the signature of the licensee, the spectrum lessee, or both, is required will depend on the particular notification or application involved, and whether the leasing arrangement concerns a spectrum manager leasing arrangement or a de facto transfer leasing arrangement. ( a ) Except as provided in paragraph (b) of this section, the notifications, applications, amendments, and related statements of fact required by the Commission (including certifications) must be signed as follows (either electronically or manually, see paragraph (d) of this section): ( 1 ) By the licensee or spectrum lessee, if an individual; ( 2 ) By one of the partners if the licensee or lessee is a partnership; ( 3 ) By an officer, director, or duly authorized employee, if the licensee or lessee is a corporation; or ( 4 ) By a member who is an officer, if the licensee or lessee is an unincorporated association. ( b ) Notifications, applications, amendments, and related statements of fact required by the Commission may be signed by the licensee or spectrum lessee's attorney in case of the licensee's or lessee's physical disability or absence from the United States. The attorney shall, when applicable, separately set forth the reason why the application is not signed by the licensee or lessee. In addition, if any matter is stated on the basis of the attorney's belief only (rather than knowledge), the attorney shall separately set forth the reasons for believing that such statements are true. Only the original of notifications, applications, amendments, and related statements of fact need be signed. ( c ) Notifications, applications, amendments, and related statements of fact need not be signed under oath. Willful false statements made therein, however, are punishable by fine and imprisonment ( see 18 U.S.C. section 1001 ), and by appropriate administrative sanctions, including revocation of license pursuant to section 312(a)(1) of the Communications Act of 1934 or revocation of the spectrum leasing arrangement. ( d ) “Signed,” as used in this section, means, for manually filed notifications and applications only, an original hand-written signature or, for electronically filed notifications and applications only, an electronic signature. An electronic signature shall consist of the name of the licensee or spectrum lessee transmitted electronically via ULS and entered on the application as a signature. § 1.9055 Assignment of file numbers to spectrum leasing notifications and applications. Spectrum leasing notifications or applications submitted pursuant to the rules of this subpart are assigned file numbers and service codes in order to facilitate processing in the manner in which applications in subpart F are assigned file numbers ( see § 1.926 of subpart F of this part ). § 1.9060 Amendments, waivers, and dismissals affecting spectrum leasing notifications and applications. ( a ) Notifications and applications regarding spectrum leasing arrangements may be amended in accordance with the policies, procedures, and standards applicable to applications as set forth in subpart F of this part ( see §§ 1.927 and 1.929 of subpart F of this part ). ( b ) The Commission may waive specific requirements of the rules affecting spectrum leasing arrangements and the use of leased spectrum, on its own motion or upon request, in accordance with the policies, procedures, and standards set forth in subpart F of this part ( see § 1.925 of subpart F of this part ). ( c ) Notifications and pending applications regarding spectrum leasing arrangements may be dismissed in accordance with the policies, procedures, and standards applicable to applications as set forth in subpart F of this part ( see § 1.935 of subpart F of this part ). § 1.9080 Private commons. ( a ) Overview. A “private commons” arrangement is an arrangement, distinct from a spectrum leasing arrangement but permitted in the same services for which spectrum leasing arrangements are allowed, in which a licensee or spectrum lessee makes certain spectrum usage rights under a particular license authorization available to a class of third-party users employing advanced communications technologies that involve peer-to-peer (device-to-device) communications and that do not involve use of the licensee's or spectrum lessee's end-to-end physical network infrastructure (e.g., base stations, mobile stations, or other related elements). In a private commons arrangement, the licensee or spectrum lessee authorizes users of certain communications devices employing particular technical parameters, as specified by the licensee or spectrum lessee, to operate under the license authorization. A private commons arrangement differs from a spectrum leasing arrangement in that, unlike spectrum leasing arrangements, a private commons arrangement does not involve individually negotiated spectrum access rights with entities that seek to provide network-based services to end-users. A private commons arrangement does not affect unlicensed operations in a particular licensed band to the extent that they are permitted pursuant to part 15. ( b ) Licensee/spectrum lessee responsibilities. As the manager of any private commons, the licensee or spectrum lessee: ( 1 ) Establishes the technical and operating terms and conditions of use by users of the private commons, including those relating to the types of communications devices that may be used within the private commons, consistent with the terms and conditions of the underlying license authorization; ( 2 ) Retains de facto control of the use of spectrum by users within the private commons, including maintaining reasonable oversight over the users' use of the spectrum in the private commons so as to ensure that the use of the spectrum, and communications equipment employed, comply with all applicable technical and service rules (including requirements relating to radiofrequency radiation) and maintaining the ability to ensure such compliance; and, ( 3 ) Retains direct responsibility for ensuring that the users of the private commons, and the equipment employed, comply with all applicable technical and service rules, including requirements relating to radiofrequency radiation and requirements relating to interference. ( c ) Notification requirements. Prior to permitting users to commence operations within a private commons, the licensee or spectrum lessee must notify the Commission, using FCC Form 608, that it is establishing a private commons arrangement. This notification must include information that describes: the location(s) or coverage area(s) of the private commons under the license authorization; the term of the arrangement; the general terms and conditions for users that would be gaining spectrum access to the private commons; the technical requirements and equipment that the licensee or spectrum lessee has approved for use within the private commons; and, the types of communications uses that are to be allowed within the private commons. [ 69 FR 77558 , Dec. 27, 2004] Effective Date Note Effective Date Note: At 69 FR 77558 , Dec. 27, 2004, § 1.9080 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. Subpart Y—International Communications Filing System Source: 69 FR 29895 , May 26, 2004, unless otherwise noted. Redesignated at 69 FR 40327 , July 2, 2004. § 1.10000 What is the purpose of the requirements related to the International Communications Filing System? ( a ) These rules are issued under the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq., and the Submarine Cable Landing License Act, 47 U.S.C. 34-39 . ( b ) This subpart describes procedures for electronic filing of International and Satellite Services applications using the International Communications Filing System. ( c ) More licensing and application descriptions and directions, including but not limited to specifying which International and Satellite service applications must be filed electronically, are in parts 1 , 25 , 63 , and 64 of this chapter . [ 69 FR 47793 , Aug. 6, 2004, as amended at 88 FR 21436 , Apr. 10, 2023] § 1.10001 Definitions. All other applications. We consider all other applications officially filed once you file the application in the International Communications Filing System (ICFS) and applicable filing fees are received and approved by the FCC, unless the application is determined to be fee-exempt. We determine your official filing date based on one of the following situations: ( 1 ) ( i ) You file your Satellite Space Station Application or your Application for Earth Stations to Access a Non-U.S. Satellite Not Currently Authorized to provide the Proposed Service in the Proposed Frequencies in the United States in ICFS. ( ii ) Your official filing date is the date and time (to the millisecond) you file your application and receive a confirmation of filing and submission ID. ( 2 ) You file all other applications in ICFS and then do one of the following: ( i ) ( A ) Pay by online Automatic Clearing House (ACH) payment, online Visa, MasterCard, American Express, or Discover credit card payment, or wire transfer payment denominated in U.S. dollars and drawn on a United States financial institution and made payable to the Federal Communications Commission (through ICFS) ( B ) Your official filing date is the date your online payment is approved. (Note: You will receive a remittance ID and an authorization number if your transaction is successful). ( ii ) ( A ) Determine your application type is fee-exempt or your application qualifies for exemption to charges as provided in this part ( B ) Your official filing date is the date you file in ICFS and receive a confirmation of filing and submission ID. Application. A request for an earth or space station radio station license, an international cable landing license, or an international service authorization, or a request to amend a pending application or to modify or renew licenses or authorizations. The term also includes the other requests that may be filed in ICFS such as transfers of control and assignments of license applications, earth station registrations, and foreign carrier affiliation notifications. Authorizations. Generally, a written document or oral statement issued by us giving authority to operate or provide service. International Communications Filing System. The International Communications Filing System (ICFS) is a database, application filing system, and processing system for all International and Satellite services. ICFS supports electronic filing of many applications and related documents in the Space Bureau and Office of International Affairs, and provides public access to this information. International services. All international services authorized under this part and parts 63 and 64 of this chapter . Satellite services. All satellite services authorized under part 25 of this chapter . Satellite Space Station Applications (other than DBS and DARS) and Applications for Earth Stations to Access a Non-U.S. Satellite Not Currently Authorized to Provide the Proposed Service in the Proposed Frequencies in the United States. We consider a Satellite Space Station application (other than DBS and DARS) and an Application for an Earth Station to Access a Non-U.S. Satellite Not Currently Authorized to Provide the Proposed Service in the Proposed Frequencies in the United States officially filed the moment you file them through ICFS. The system tracks the date and time of filing (to the millisecond). For purposes of the queue discussed in § 25.158 of this chapter , we will base the order of the applications in the queue on the date and time the applications are filed, rather than the “Official Filing Date” as defined here. Submission ID. The Submission ID is the confirmation number you receive from ICFS once you have successfully filed your application. It is also the number we use to match your filing to your payment. Us. In this subpart, “us” refers to the Commission. We. In this subpart, “we” refers to the Commission. You. In this subpart, “you” refers to applicants, licensees, your representatives, or other entities authorized to provide services. [ 88 FR 21436 , Apr. 10, 2023] § 1.10002 What happens if the rules conflict? The rules concerning parts 1 , 25 , 63 and 64 of this chapter govern over the electronic filing in this subpart. § 1.10003 When can I start operating? You can begin operating your facility or providing services once we grant your application to do so, under the conditions set forth in your license or authorization. § 1.10004 What am I allowed to do if I am approved? If you are approved and receive a license or authorization, you must operate in accordance with, and not beyond, your terms of approval. § 1.10005 What is ICFS? ( a ) The International Communications Filing System (ICFS) is a database, application filing system, and processing system for all International and Satellite Services. ICFS supports electronic filing of many applications and related documents in the Space Bureau and Office of International Affairs, and provides public access to this information. ( b ) We maintain applications, notifications, correspondence, and other materials filed electronically with the Space Bureau and Office of International Affairs in IICFS. [ 88 FR 21436 , Apr. 10, 2023] § 1.10006 Is electronic filing mandatory? Electronic filing is mandatory for all applications for international and satellite services for which an International Communications Filing System (ICFS) form is available. Applications for which an electronic form is not available must be filed through the Electronic Comment Filing System (ECFS) in PDF format until new forms are introduced. See §§ 63.20 and 63.53 of this chapter . As each new ICFS form becomes available for electronic filing, the Commission will issue a public notice announcing the availability of the new form and the effective date of mandatory filing for this particular type of filing. As each new form becomes effective, manual filings will not be accepted by the Commission and the filings will be returned to the applicant without processing. Mandatory electronic filing requirements for applications for international and satellite services are set forth in this part and parts 25 , 63 , and 64 of this chapter . A list of forms that are available for electronic filing can be found on the ICFS homepage. For information on electronic filing requirements, see §§ 1.1000 through 1.10018 and the ICFS homepage at https://licensing.fcc.gov/icfs . [ 88 FR 21436 , Apr. 10, 2023] § 1.10007 What applications can I file electronically? ( a ) For a complete list of applications or notifications that must be filed electronically, log in to the ICFS website at http://licensing.fcc.gov/icfs . ( b ) Many applications require exhibits or attachments. If attachments are required, you must attach documentation to your electronic application before filing. We accept attachments in the following formats: Word, Adobe Acrobat, Excel and Text. ( c ) For paper filing rules and procedures, see parts 1, 25, 63 or 64. [ 69 FR 29895 , May 26, 2004. Redesignated at 69 FR 40327 , July 2, 2004. Amended at 69 FR 47793 , Aug. 6, 2004; 70 FR 38797 , July 6, 2005; 85 FR 17284 , Mar. 27, 2020; 88 FR 21437 , Apr. 10, 2023] § 1.10008 What are ICFS file numbers? ( a ) We assign file numbers to electronic applications in order to facilitate processing. ( b ) We only assign file numbers for administrative convenience; they do not mean that an application is acceptable for filing. ( c ) For a description of file number information, see The International Bureau Filing System File Number Format Public Notice, DA-04-568 (released February 27, 2004). [ 69 FR 29895 , May 26, 2004, as amended at 88 FR 21437 , Apr. 10, 2023] § 1.10009 What are the steps for electronic filing? ( a ) Step 1: Register for an FCC Registration Number (FRN). (See subpart W, §§ 1.8001 through 1.8004 .) ( 1 ) If you already have an FRN, go to Step 2. ( 2 ) In order to process your electronic application, you must have an FRN. You may obtain an FRN either directly from the Commission Registration System (CORES) at https://www.fcc.gov/licensing-databases/online-filing , or through ICFS as part of your filing process. If you need to know more about who needs an FRN, visit CORES at https://www.fcc.gov/licensing-databases/online-filing . ( 3 ) If you are a(n): ( i ) Applicant, ( ii ) Transferee and assignee, ( iii ) Transferor and assignor, ( iv ) Licensee/Authorization Holder, or ( v ) Payer, you are required to have and use an FRN when filing applications and/or paying fees through ICFS. ( 4 ) We use your FRN to give you secured access to ICFS and to pre-fill the application you file. ( b ) Step 2: Register with ICFS. ( 1 ) If you are already registered with ICFS, go to Step 3. ( 2 ) In order to complete and file your electronic application, you must register in ICFS, located at https://www.fcc.gov/icfs . ( 3 ) You can register your account in: ( i ) Your name, ( ii ) Your company's name, or ( iii ) Your client's name. ( 4 ) ICFS will issue you an account number as part of the registration process. You will create your own password. ( 5 ) If you forget your password, send an email to the ICFS helpline at icfsinfo@fcc.gov or contact the helpline at (202) 418-2222 for assistance. ( c ) Step 3: Log into ICFS, select the application you want to file, provide the required FRN(s) and password(s) and fill out your application. You must completely fill out forms and provide all requested information as provided in parts 1 , 25 , 63 , and 64 of this chapter . ( 1 ) You must provide an address where you can receive mail delivery by the United States Postal Service. You are also encouraged to provide an e-mail address. This information is used to contact you regarding your application and to request additional documentation, if necessary. ( 2 ) Reference to material on file. You must answer questions on application forms that call for specific technical data, or that require yes or no answers or other short answers. However, if documents or other lengthy showings are already on file with us and contain the required information, you may incorporate the information by reference, as long as: ( i ) The referenced information is filed in ICFS. ( ii ) The referenced information is current and accurate in all material respects; and ( iii ) The application states where we can find the referenced information as well as: ( A ) The application file number, if the reference is to previously-filed applications ( B ) The title of the proceeding, the docket number, and any legal citation, if the reference is to a docketed proceeding. ( d ) Step 4: File your application. If you file your application successfully through ICFS, a confirmation screen will appear showing you the date and time of your filing and your submission ID. Print this verification for your records as proof of online filing. ( e ) Step 5: Pay for your application. ( 1 ) Most applications require that you pay a fee to us before we can begin processing your application. You can determine the amount of your fee in three ways: ( i ) You can refer to § 1.1107 , ( ii ) You can refer to the International and Satellite Services fee guide located at http://www.fcc.gov/fees/appfees.html , or ( iii ) You can run a draft electronic submission of payment online form through ICFS, in association with a filed application, and the system will automatically enter your required fee on the form. ( 2 ) ( i ) A complete FCC electronic submission of payment online form must accompany all fee payments. You must provide the FRN for both the applicant and the payer. You also must include your submission ID number on the electronic submission of payment online form in the box labeled “FCC Code 2.” In addition, for applications for transfer of control or assignment of license, call signs involved in the transaction must be entered into the “FCC Code 1” box on the FCC electronic submission of payment online form. (This may require the use of multiple rows on the electronic submission of payment online form for a single application where more than one call sign is involved.) ( ii ) You can generate a pre-filled FCC electronic submission of payment online form from ICFS using your IB submission ID. For specific instructions on using ICFS to generate your FCC electronic submission of payment online form, go to the ICFS website ( http://licensing.fcc.gov/icfs ) and click on the “Getting Started” button. ( 3 ) You have 3 payment options: ( i ) Pay by credit card (through ICFS); ( ii ) Pay by online Automatic Clearing House (ACH) payment; or ( iii ) Pay by wire transfer or other electronic payments. ( 4 ) You must electronically submit payment o within fourteen (14) calendar days of the date that you file your application in ICFS. If not, we will dismiss your application. ( 5 ) For more information on fee payments, refer to Payment Instructions found on the ICFS internet site at http://licensing.fcc.gov/icfs , under the Using ICFS link. [ 73 FR 9029 , Feb. 19, 2008, as amended at 85 FR 17284 , Mar. 27, 2020; 88 FR 21437 , Apr. 10, 2023] § 1.10010 Do I need to send paper copies with my electronic applications? When you file electronically through ICFS, the electronic record is the official record. You do not need to submit paper copies of your application. [ 88 FR 21437 , Apr. 10, 2023] § 1.10011 Who may sign applications? ( a ) The Commission only accepts electronic applications. An electronic application is “signed” when there is an electronic signature. An electronic signature is the typed name of the person “signing” the application, which is then electronically transmitted via ICFS. ( b ) For all electronically filed applications, you (or the signor) must actually sign a paper copy of the application, and keep the signed original in your files for future reference. ( c ) You only need to sign the original of applications, amendments, and related statements of fact. ( d ) Sign applications, amendments, and related statements of fact as follows: ( 1 ) By you, if you are an individual; ( 2 ) By one of the partners, if you are a partnership; ( 3 ) By an officer, director, or duly authorized employee, if you are a corporation; or ( 4 ) By a member who is an officer, if you are an unauthorized association. ( e ) If you file applications, amendments, and related statements of fact on behalf of eligible government entities, an elected or appointed official who may sign under the laws of the applicable jurisdiction must sign the document. Eligible government entities are: ( 1 ) States and territories of the United States, ( 2 ) Political subdivisions of these states and territories, ( 3 ) The District of Columbia, and ( 4 ) Units of local government. ( f ) If you are either physically disabled or absent from the United States, your attorney may sign applications, amendments and related statements of facts on your behalf. ( 1 ) Your attorney must explain why you are not signing the documents. ( 2 ) If your attorney states any matter based solely on his belief (rather than knowledge), your attorney must explain his reasons for believing that such statements are true. ( g ) It is unnecessary to sign applications, amendments, and related statements of fact under oath. However, willful false statements are punishable by a fine and imprisonment, 18 U.S.C. 1001 , and by administrative sanctions. [ 69 FR 40327 , July 2, 2004, as amended at 85 FR 17285 , Mar. 27, 2020; 88 FR 21437 , Apr. 10, 2023] § 1.10012 When can I file on ICFS? ICFS is available 24 hours a day, seven (7) days a week for filing. [ 88 FR 21437 , Apr. 10, 2023] § 1.10013 How do I check the status of my application after I file it? You can check the status of your application through the “Search Tools” on the ICFS homepage. The ICFS homepage is located at https://www.fcc.gov/icfs . [ 88 FR 21437 , Apr. 10, 2023] § 1.10014 What happens after officially filing my application? ( a ) We give you an ICFS file number. ( b ) We electronically route your application to an analyst who conducts an initial review of your application. If your application is incomplete, we will either dismiss the application, or contact you by telephone, letter or email to ask for additional information within a specific time. In cases where we ask for additional information, if we do not receive it within the specified time, we will dismiss your application. In either case, we will dismiss your application without prejudice, so that you may file again with a complete application. ( c ) If your application is complete, and we verify receipt of your payment, it will appear on an “Accepted for Filing” Public Notice, unless public notice is not required. An “Accepted for Filing” Public Notice gives the public a certain amount of time to comment on your filing. This period varies depending upon the type of application. ( 1 ) Certain applications do not have to go on an “Accepted for Filing” Public Notice prior to initiation of service, but instead are filed as notifications to the Commission of prior actions by the carriers as authorized by the rules. Examples include pro forma notifications of transfer of control and assignment and certain foreign carrier notifications. ( 2 ) Each “Accepted for Filing” Public Notice has a report number. Examples of various types of applications and their corresponding report number (the “x” represents a sequential number) follow. Type of application Report No. 325-C Applications 325-xxxxx. Accounting Rate Change ARC-xxxxx. Foreign Carrier Affiliation Notification FCN-xxxxx. International High Frequency IHF-xxxxx. Recognized Operating Agency ROA-xxxxx. Satellite Space Station SAT-xxxxx. Satellite Earth Station SES-xxxxx. International Telecommunications: Streamlined TEL-xxxxxS. Non-streamlined TEL-xxxxxNS and/or DA. Submarine Cable Landing: Streamlined SCL-xxxxxS. Non-streamlined SCL-xxxxxNS and/or DA. ( d ) After the Public Notice, your application may undergo legal, technical and/or financial review as deemed necessary. In addition, some applications require coordination with other government agencies. ( e ) After review, we decide whether to grant or deny applications or whether to take other necessary action. Grants, denials and any other necessary actions are noted in the ICFS database. Some filings may not require any affirmative action, such as some Foreign Carrier Affiliation Notification Filings. Other filings, such as some International Section 214 Applications, International Accounting Rate Change Filings and Requests for assignment of Data Network Identification Codes, may be granted automatically on a specific date unless the applicant is notified otherwise prior to that date, as specified in the rules. ( f ) We list most actions taken on public notices. Each “Action Taken” Public Notice has a report number. Examples of various types of applications and their corresponding report number (the “x” represents a sequential number) follow. Type of application Report No. 325-C Applications 325-xxxxx. Accounting Rate Change No action taken PN released. Foreign Carrier Affiliation Notification No action taken PN released. International High Frequency IHF-xxxxx. Recognized Operating Agency No action taken PN released. Satellite Space Station SAT-xxxxx (occasionally). Satellite Earth Station SES-xxxxx. International Telecommunications TEL-xxxxx and DA. Submarine Cable Landing TEL-xxxxx and DA. ( g ) Other actions are taken by formal written Order, oral actions that are followed up with a written document, or grant stamp of the application. In all cases, the action dates are available online through the ICFS system. ( h ) Issuing and Mailing Licenses for Granted Applications. Not all applications handled through ICFS and granted by the Commission result in the issuance of a paper license or authorization. A list of application types and their corresponding authorizations follows. Type of application Type of license/authorization issued 325-C Application FCC permit mailed to permittee or contact, as specified in the application. Accounting Rate Change No authorizing document is issued by the Commission. In some cases, a Commission order may be issued related to an Accounting Rate Change filing. Data Network Identification Code Filing Letter confirming the grant of a new DNIC or the reassignment of an existing DNIC is mailed to the applicant or its designated representative. Foreign Carrier Affiliation Notification No authorizing document is issued by the Commission. In some cases, a Commission order may be issued related to a Foreign Carrier Affiliation Notification. International High Frequency: Construction Permits, Licenses, Modifications, Renewals, and Transfers of Control/Assignment of License For all applications, an original, stamped authorization is issued to the applicant and a copy of the authorization is sent to the specified contact. Recognized Operating Agency The FCC sends a letter to the Department of State requesting grant or denial of recognized operating agency status. (The applicant is mailed a courtesy copy.) The Department of State issues a letter to both the Commission and the Applicant advising of their decision. Satellite Space Station: 1. Request for Special Temporary Authority 1. Letter, grant-stamped request, or short order. 2. New Authorization 2. Generally issued by Commission Order. 3. Amendment 3. Generally issued as part of a Commission Order acting upon the underlying application. 4. Modification 4. Generally issued by Commission Order. 5. Transfer of Control/Assignment of License 5. Generally issued by Commission Order or Public Notice. Also, Form A-732 authorization issued and mailed to applicant (original), parties to the transaction, and the applicant's specified contact (copy). Satellite Earth Station: 1. Request for Special Temporary Authority 1. Letter, grant-stamped request, or short order. 2. New Authorization 2. License issued and mailed to applicant (original) and specified contact (copy). 3. Amendment 3. If granted, the action is incorporated into the license for the underlying application. 4. Modification 4. License issued and mailed to applicant (original) and specified contact (copy). 5. Renewal 5. License issued and mailed to applicant (original) and specified contact (copy). 6. Transfer of Control/Assignment of License 6. If granted, Form A-732 authorization issued and mailed to applicant (original), parties to the transaction, and the applicant's specified contact (copy). International Telecommunications—Section 214: 1. Streamlined (New, Transfer of Control, Assignment) 1. Action Taken Public Notice serves as the authorization document. This notice is issued weekly and is available online both at IBFS ( http://www.fcc.gov/icfs ) and the Electronic Document Management System (EDOCS) ( http://www.fcc.gov/edocs ). 2. Non-streamlined (New, Transfer of Control, Assignment) 2. Decisions are generally issued by PN; some are done by Commission Order. 3. Request for Special Temporary Authority 3. Letter, grant-stamped request issued to applicant. International Signaling Point Code Filing Letter issued to applicant. Submarine Cable Landing License Application: 1. Streamlined (New, Transfer of Control, Assignment) 1. Action Taken Public Notice serves as the authorization document. This notice is issued weekly and is available online both at IBFS, which can be found at http://www.fcc.gov/icfs , and the Electronic Document Management System (EDOCS), which can be found at http://www.fcc.gov/edocs . 2. Non-Streamlined (New, Transfer of Control, Assignment) 2. Decisions are generally issued by PN; some are done by Commission Order. [ 69 FR 29895 , May 26, 2004, as amended at 76 FR 70910 , Nov. 16, 2011; 88 FR 21437 , Apr. 10, 2023] § 1.10015 Are there exceptions for emergency filings? ( a ) Sometimes we grant licenses, modifications or renewals even if no one files an application. Instances where this may occur include: ( 1 ) If we find there is an emergency involving danger to life or property, or because equipment is damaged; ( 2 ) If the President proclaims, or if Congress declares, a national emergency; ( 3 ) During any war in which the United States is engaged and when grants, modifications or renewals are necessary for national defense, security or in furtherance of the war effort; or ( 4 ) If there is an emergency where we find that it is not feasible to secure renewal applications from existing licensees or to follow normal licensing procedures. ( b ) Emergency authorizations stop at the end of emergency periods or wars. After the emergency period or war, you must submit your request by filing the appropriate form electronically. ( c ) The procedures for emergency requests, as described in this section, are as specified in §§ 25.120 and 63.25 of this chapter . [ 69 FR 40327 , July 2, 2004, as amended at 85 FR 17285 , Mar. 27, 2020] § 1.10016 How do I apply for special temporary authority? ( a ) Requests for Special Temporary Authority (STA) may be filed via ICFS for most services. We encourage you to file STA applications through ICFS as it will ensure faster receipt of your request. ( b ) For specific information on the content of your request, refer to §§ 25.120 and 63.25 of this chapter . [ 69 FR 29895 , May 26, 2004, as amended at 88 FR 21438 , Apr. 10, 2023] § 1.10017 How can I submit additional information? In response to an official request for information from the Space Bureau and Office of International Affairs, you can submit additional information electronically directly to the requestor, or by mail to the Office of the Secretary, Attention: Space Bureau, or Office of International Affairs, as appropriate. [ 88 FR 21438 , Apr. 10, 2023] § 1.10018 May I amend my application? ( a ) If the service rules allow, you may amend pending applications. ( b ) If an electronic version of an amendment application is available in ICFS, you may file your amendment electronically through ICFS. [ 69 FR 29895 , May 26, 2004, as amended at 88 FR 21438 , Apr. 10, 2023] Subpart Z—Communications Assistance for Law Enforcement Act Source: 71 FR 38108 , July 5, 2006, unless otherwise noted. § 1.20000 Purpose. Pursuant to the Communications Assistance for Law Enforcement Act (CALEA), Public Law 103-414, 108 Stat. 4279 (1994) (codified as amended in sections of 18 U.S.C. and 47 U.S.C.), this subpart contains rules that require a telecommunications carrier to: ( a ) Ensure that any interception of communications or access to call-identifying information effected within its switching premises can be activated only in accordance with appropriate legal authorization, appropriate carrier authorization, and with the affirmative intervention of an individual officer or employee of the carrier acting in accordance with regulations prescribed by the Commission; and ( b ) Implement the assistance capability requirements of CALEA section 103, 47 U.S.C. 1002 , to ensure law enforcement access to authorized wire and electronic communications or call-identifying information. § 1.20001 Scope. The definitions included in 47 CFR 1.20002 shall be used solely for the purpose of implementing CALEA requirements. § 1.20002 Definitions. For purposes of this subpart: ( a ) Appropriate legal authorization. The term appropriate legal authorization means: ( 1 ) A court order signed by a judge or magistrate authorizing or approving interception of wire or electronic communications; or ( 2 ) Other authorization, pursuant to 18 U.S.C. 2518(7) , or any other relevant federal or state statute. ( b ) Appropriate carrier authorization. The term appropriate carrier authorization means the policies and procedures adopted by telecommunications carriers to supervise and control officers and employees authorized to assist law enforcement in conducting any interception of communications or access to call-identifying information. ( c ) Appropriate authorization. The term appropriate authorization means both appropriate legal authorization and appropriate carrier authorization. ( d ) LEA. The term LEA means law enforcement agency; e.g., the Federal Bureau of Investigation or a local police department. ( e ) Telecommunications carrier. The term telecommunications carrier includes: ( 1 ) A person or entity engaged in the transmission or switching of wire or electronic communications as a common carrier for hire; ( 2 ) A person or entity engaged in providing commercial mobile service (as defined in sec. 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) )); or ( 3 ) A person or entity that the Commission has found is engaged in providing wire or electronic communication switching or transmission service such that the service is a replacement for a substantial portion of the local telephone exchange service and that it is in the public interest to deem such a person or entity to be a telecommunications carrier for purposes of CALEA. § 1.20003 Policies and procedures for employee supervision and control. A telecommunications carrier shall: ( a ) Appoint a senior officer or employee responsible for ensuring that any interception of communications or access to call-identifying information effected within its switching premises can be activated only in accordance with a court order or other lawful authorization and with the affirmative intervention of an individual officer or employee of the carrier. ( b ) Establish policies and procedures to implement paragraph (a) of this section, to include: ( 1 ) A statement that carrier personnel must receive appropriate legal authorization and appropriate carrier authorization before enabling law enforcement officials and carrier personnel to implement the interception of communications or access to call-identifying information; ( 2 ) An interpretation of the phrase “appropriate authorization” that encompasses the definitions of appropriate legal authorization and appropriate carrier authorization, as used in paragraph (b)(1) of this section; ( 3 ) A detailed description of how long it will maintain its records of each interception of communications or access to call-identifying information pursuant to § 1.20004 ; ( 4 ) In a separate appendix to the policies and procedures document: ( i ) The name and a description of the job function of the senior officer or employee appointed pursuant to paragraph (a) of this section; and ( ii ) Information necessary for law enforcement agencies to contact the senior officer or employee appointed pursuant to paragraph (a) of this section or other CALEA points of contact on a seven days a week, 24 hours a day basis. ( c ) Report to the affected law enforcement agencies, within a reasonable time upon discovery: ( 1 ) Any act of compromise of a lawful interception of communications or access to call-identifying information to unauthorized persons or entities; and ( 2 ) Any act of unlawful electronic surveillance that occurred on its premises. § 1.20004 Maintaining secure and accurate records. ( a ) A telecommunications carrier shall maintain a secure and accurate record of each interception of communications or access to call-identifying information, made with or without appropriate authorization, in the form of single certification. ( 1 ) This certification must include, at a minimum, the following information: ( i ) The telephone number(s) and/or circuit identification numbers involved; ( ii ) The start date and time that the carrier enables the interception of communications or access to call identifying information; ( iii ) The identity of the law enforcement officer presenting the authorization; ( iv ) The name of the person signing the appropriate legal authorization; ( v ) The type of interception of communications or access to call-identifying information (e.g., pen register, trap and trace, Title III, FISA); and ( vi ) The name of the telecommunications carriers' personnel who is responsible for overseeing the interception of communication or access to call-identifying information and who is acting in accordance with the carriers' policies established under § 1.20003 . ( 2 ) This certification must be signed by the individual who is responsible for overseeing the interception of communications or access to call-identifying information and who is acting in accordance with the telecommunications carrier's policies established under § 1.20003 . This individual will, by his/her signature, certify that the record is complete and accurate. ( 3 ) This certification must be compiled either contemporaneously with, or within a reasonable period of time after the initiation of the interception of the communications or access to call-identifying information. ( 4 ) A telecommunications carrier may satisfy the obligations of paragraph (a) of this section by requiring the individual who is responsible for overseeing the interception of communication or access to call-identifying information and who is acting in accordance with the carriers' policies established under § 1.20003 to sign the certification and append the appropriate legal authorization and any extensions that have been granted. This form of certification must at a minimum include all of the information listed in paragraph (a) of this section. ( b ) A telecommunications carrier shall maintain the secure and accurate records set forth in paragraph (a) of this section for a reasonable period of time as determined by the carrier. ( c ) It is the telecommunications carrier's responsibility to ensure its records are complete and accurate. ( d ) Violation of this rule is subject to the penalties of § 1.20008 . [ 71 FR 38108 , July 5, 2006] § 1.20005 Submission of policies and procedures and Commission review. ( a ) Each telecommunications carrier shall file with the Commission the policies and procedures it uses to comply with the requirements of this subpart. These policies and procedures shall be filed before commencing service and, thereafter, within 90 days of a carrier's merger or divestiture or a carrier's amendment of its existing policies and procedures. ( b ) The Commission shall review each telecommunications carrier's policies and procedures to determine whether they comply with the requirements of §§ 1.20003 and 1.20004 . ( 1 ) If, upon review, the Commission determines that a telecommunications carrier's policies and procedures do not comply with the requirements established under §§ 1.20003 and 1.20004 , the telecommunications carrier shall modify its policies and procedures in accordance with an order released by the Commission. ( 2 ) The Commission shall review and order modification of a telecommunications carrier's policies and procedures as may be necessary to insure compliance by telecommunications carriers with the requirements of the regulations prescribed under §§ 1.20003 and 1.20004 . ( c ) As of June 29, 2023, any filings required by paragraph (a) of this section shall be submitted electronically through the Commission's CALEA Electronic Filing System (CEFS). [ 71 FR 38108 , July 5, 2006, as amended at 88 FR 34454 , May 30, 2023] § 1.20006 Assistance capability requirements. ( a ) Telecommunications carriers shall provide to a Law Enforcement Agency the assistance capability requirements of CALEA regarding wire and electronic communications and call-identifying information, see 47 U.S.C. 1002 . A carrier may satisfy these requirements by complying with publicly available technical requirements or standards adopted by an industry association or standard-setting organization, such as J-STD-025 (current version), or by the Commission. ( b ) Telecommunications carriers shall consult, as necessary, in a timely fashion with manufacturers of its telecommunications transmission and switching equipment and its providers of telecommunications support services for the purpose of ensuring that current and planned equipment, facilities, and services comply with the assistance capability requirements of 47 U.S.C. 1002 . ( c ) A manufacturer of telecommunications transmission or switching equipment and a provider of telecommunications support service shall, on a reasonably timely basis and at a reasonable charge, make available to the telecommunications carriers using its equipment, facilities, or services such features or modifications as are necessary to permit such carriers to comply with the assistance capability requirements of 47 U.S.C. 1002 . § 1.20007 Additional assistance capability requirements for wireline, cellular, and PCS telecommunications carriers. ( a ) Definition — ( 1 ) Call-identifying information. Call identifying information means dialing or signaling information that identifies the origin, direction, destination, or termination of each communication generated or received by a subscriber by means of any equipment, facility, or service of a telecommunications carrier. Call-identifying information is “reasonably available” to a carrier if it is present at an intercept access point and can be made available without the carrier being unduly burdened with network modifications. ( 2 ) Collection function. The location where lawfully authorized intercepted communications and call-identifying information is collected by a law enforcement agency (LEA). ( 3 ) Content of subject-initiated conference calls. Capability that permits a LEA to monitor the content of conversations by all parties connected via a conference call when the facilities under surveillance maintain a circuit connection to the call. ( 4 ) Destination. A party or place to which a call is being made (e.g., the called party). ( 5 ) Dialed digit extraction. Capability that permits a LEA to receive on the call data channel digits dialed by a subject after a call is connected to another carrier's service for processing and routing. ( 6 ) Direction. A party or place to which a call is re-directed or the party or place from which it came, either incoming or outgoing (e.g., a redirected-to party or redirected-from party). ( 7 ) IAP. Intercept access point is a point within a carrier's system where some of the communications or call-identifying information of an intercept subject's equipment, facilities, and services are accessed. ( 8 ) In-band and out-of-band signaling. Capability that permits a LEA to be informed when a network message that provides call identifying information (e.g., ringing, busy, call waiting signal, message light) is generated or sent by the IAP switch to a subject using the facilities under surveillance. Excludes signals generated by customer premises equipment when no network signal is generated. ( 9 ) J-STD-025. The standard, including the latest version, developed by the Telecommunications Industry Association (TIA) and the Alliance for Telecommunications Industry Solutions (ATIS) for wireline, cellular, and broadband PCS carriers. This standard defines services and features to support lawfully authorized electronic surveillance, and specifies interfaces necessary to deliver intercepted communications and call-identifying information to a LEA. Subsequently, TIA and ATIS published J-STD-025-A and J-STD-025-B. ( 10 ) Origin. A party initiating a call (e.g., a calling party), or a place from which a call is initiated. ( 11 ) Party hold, join, drop on conference calls. Capability that permits a LEA to identify the parties to a conference call conversation at all times. ( 12 ) Subject-initiated dialing and signaling information. Capability that permits a LEA to be informed when a subject using the facilities under surveillance uses services that provide call identifying information, such as call forwarding, call waiting, call hold, and three-way calling. Excludes signals generated by customer premises equipment when no network signal is generated. ( 13 ) Termination. A party or place at the end of a communication path (e.g. the called or call-receiving party, or the switch of a party that has placed another party on hold). ( 14 ) Timing information. Capability that permits a LEA to associate call-identifying information with the content of a call. A call-identifying message must be sent from the carrier's IAP to the LEA's Collection Function within eight seconds of receipt of that message by the IAP at least 95% of the time, and with the call event time-stamped to an accuracy of at least 200 milliseconds. ( b ) In addition to the requirements in § 1.20006 , wireline, cellular, and PCS telecommunications carriers shall provide to a LEA the assistance capability requirements regarding wire and electronic communications and call identifying information covered by J-STD-025 (current version), and, subject to the definitions in this section, may satisfy these requirements by complying with J-STD-025 (current version), or by another means of their own choosing. These carriers also shall provide to a LEA the following capabilities: ( 1 ) Content of subject-initiated conference calls; ( 2 ) Party hold, join, drop on conference calls; ( 3 ) Subject-initiated dialing and signaling information; ( 4 ) In-band and out-of-band signaling; ( 5 ) Timing information; ( 6 ) Dialed digit extraction, with a toggle feature that can activate/deactivate this capability. [ 71 FR 38108 , July 5, 2006, as amended at 76 FR 70911 , Nov. 16, 2011] § 1.20008 Penalties. In the event of a telecommunications carrier's violation of this subchapter, the Commission shall enforce the penalties articulated in 47 U.S.C. 503(b) of the Communications Act of 1934 and 47 CFR 1.80 . Subpart AA—Competitive Bidding for Universal Service Support Source: 76 FR 73851 , Nov. 29, 2011, unless otherwise noted. § 1.21000 Purpose. This subpart sets forth procedures for competitive bidding to determine the recipients of universal service support pursuant to part 54 of this chapter and the amount(s) of support that each recipient respectively may receive, subject to post-auction procedures, when the Commission directs that such support shall be determined through competitive bidding. § 1.21001 Participation in competitive bidding for support. ( a ) Public Notice of the Application Process. The dates and procedures for submitting applications to participate in competitive bidding pursuant to this subpart shall be announced by public notice. ( b ) Application contents. Unless otherwise established by public notice, an applicant to participate in competitive bidding pursuant to this subpart shall provide the following information in an acceptable form: ( 1 ) The identity of the applicant, i.e., the party that seeks support, and the ownership information as set forth in § 1.2112(a) ; ( 2 ) The identities of up to three individuals authorized to make or withdraw a bid on behalf of the applicant. No person may serve as an authorized bidder for more than one auction applicant; ( 3 ) The identities of all real parties in interest to, and a brief description of, any agreements relating to the participation of the applicant in the competitive bidding; ( 4 ) Certification that the applicant has provided in its application a brief description of, and identified each party to, any partnerships, joint ventures, consortia or other agreements, arrangements or understandings of any kind relating to the applicant's participation in the competitive bidding and the support being sought, including any agreements that address or communicate directly or indirectly bids (including specific prices), bidding strategies (including the specific areas on which to bid or not to bid), or the post-auction market structure, to which the applicant, or any party that controls as defined in paragraph (d)(1) of this section or is controlled by the applicant, is a party; ( 5 ) Certification that the applicant (or any party that controls as defined in paragraph (d)(1) of this section or is controlled by the applicant) has not entered and will not enter into any partnerships, joint ventures, consortia or other agreements, arrangements, or understandings of any kind relating to the support to be sought that address or communicate, directly or indirectly, bidding at auction (including specific prices to be bid) or bidding strategies (including the specific areas on which to bid or not to bid for support), or post-auction market structure with any other applicant (or any party that controls or is controlled by another applicant); ( 6 ) Certification that if the applicant has ownership or other interest disclosed pursuant to paragraph (b)(1) of this section with respect to more than one application in a given auction, it will implement internal controls that preclude any individual acting on behalf of the applicant as defined in § 1.21002(a) from possessing information about the bids or bidding strategies (including post-auction market structure), of more than one party submitting an application for the auction or communicating such information with respect to a party submitting an application for the auction to anyone possessing such information regarding another party submitting an application for the auction; ( 7 ) Certification that the applicant has sole responsibility for investigating and evaluating all technical and marketplace factors that may have a bearing on the level of support it submits as a bid, and that if the applicant wins support, it will be able to build and operate facilities in accordance with the obligations applicable to the type of support it wins and the Commission's rules generally; ( 8 ) Certification that the applicant and all applicable parties have complied with and will continue to comply with § 1.21002 ; ( 9 ) Certification that the applicant is in compliance with all statutory and regulatory requirements for receiving the universal service support that the applicant seeks, or, if expressly allowed by the rules specific to a high-cost support mechanism, a certification that the applicant acknowledges that it must be in compliance with such requirements before being authorized to receive support; ( 10 ) Certification that the applicant will be subject to a default payment or a forfeiture in the event of an auction default and that the applicant will make any payment that may be required pursuant to § 1.21004 ; ( 11 ) Certification that the applicant is not delinquent on any debt owed to the Commission and that it is not delinquent on any non-tax debt owed to any Federal agency as of the deadline for submitting applications to participate in competitive bidding pursuant to this subpart, or that it will cure any such delinquency prior to the end of the application resubmission period established by public notice. ( 12 ) Certification that the individual submitting the application is authorized to do so on behalf of the applicant; and ( 13 ) Such additional information as may be required. ( c ) Limit on filing applications. In any auction, no individual or entity may file more than one application to participate in competitive bidding or have a controlling interest (as defined in paragraph (d)(1) of this section) in more than one application to participate in competitive bidding. In the case of a consortium, each member of the consortium shall be considered to have a controlling interest in the consortium. In the event that applications for an auction are filed by applicants with overlapping controlling interests, pursuant to paragraph (f)(3) of this section, both applications will be deemed incomplete and only one such applicant may be deemed qualified to bid. ( d ) Definitions. For purposes of the certifications required under paragraph (b) of this section and the limit on filing applications in paragraph (c) of this section: ( 1 ) The term controlling interest includes individuals or entities with positive or negative de jure or de facto control of the applicant. De jure control includes holding 50 percent or more of the voting stock of a corporation or holding a general partnership interest in a partnership. Ownership interests that are held indirectly by any party through one or more intervening corporations may be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that if the ownership percentage for an interest in any link in the chain meets or exceeds 50 percent or represents actual control, it may be treated as if it were a 100 percent interest. De facto control is determined on a case-by-case basis. Examples of de facto control include constituting or appointing 50 percent or more of the board of directors or management committee; having authority to appoint, promote, demote, and fire senior executives that control the day-to-day activities of the support recipient; or playing an integral role in management decisions. In the case of a consortium, each member of the consortium shall be considered to have a controlling interest in the consortium. ( 2 ) The term consortium means an entity formed to apply as a single applicant to bid at auction pursuant to an agreement by two or more separate and distinct legal entities. ( 3 ) The term joint venture means a legally cognizable entity formed to apply as a single applicant to bid at auction pursuant to an agreement by two or more separate and distinct legal entities. ( e ) Financial Requirements for Participation. As a prerequisite to participating in competitive bidding, an applicant may be required to post a bond or place funds on deposit with the Commission in an amount based on the default payment or forfeiture that may be required pursuant to § 1.21004 . The details of and deadline for posting such a bond or making such a deposit will be announced by public notice. No interest will be paid on any funds placed on deposit. ( f ) Application Processing. ( 1 ) Any timely submitted application will be reviewed by Commission staff for completeness and compliance with the Commission's rules. No untimely applications will be reviewed or considered. ( 2 ) Any application to participate in competitive bidding that does not identify the applicant or does not include all of the certifications required pursuant to this section is unacceptable for filing and cannot be corrected subsequent to the applicable deadline for submitting applications. The application will be deemed incomplete and the applicant will not be found qualified to bid. ( 3 ) If an individual or entity submits multiple applications in a single auction, or if entities that are commonly controlled by the same individual or same set of individuals submit more than one application in a single auction, then at most only one of such applications may be deemed complete, and the other such application(s) will be deemed incomplete, and such applicants will not be found qualified to bid. ( 4 ) An applicant will not be permitted to participate in competitive bidding if the applicant has not provided any bond or deposit of funds required pursuant to paragraph (e) of this section, as of the applicable deadline. ( 5 ) The Commission will provide applicants a limited opportunity to cure defects (except for failure to sign the application and to make all required certifications) during a resubmission period established by public notice and to resubmit a corrected application. During the resubmission period for curing defects, an application may be amended or modified to cure defects identified by the Commission or to make minor amendments or modifications. After the resubmission period has ended, an application may be amended or modified to make minor changes or correct minor errors in the application. An applicant may not make major modifications to its application after the initial filing deadline. An applicant will not be permitted to participate in competitive bidding if Commission staff determines that the application requires major modifications to be made after that deadline. Major modifications include, but are not limited to, any changes in the ownership of the applicant that constitute an assignment or transfer of control, or any changes in the identity of the applicant, or any changes in the required certifications. Minor amendments include, but are not limited to, the correction of typographical errors and other minor defects not identified as major. Minor modifications may be subject to a deadline established by public notice. An application will be considered to be newly filed if it is amended by a major amendment and may not be resubmitted after applicable filing deadlines. ( 6 ) An applicant that fails to cure the defects in their applications in a timely manner during the resubmission period as specified by public notice will have its application dismissed with no further opportunity for resubmission. ( 7 ) An applicant that is found qualified to participate in competitive bidding shall be identified in a public notice. ( 8 ) Applicants shall have a continuing obligation to make any amendments or modifications that are necessary to maintain the accuracy and completeness of information furnished in pending applications. Such amendments or modifications shall be made as promptly as possible, and in no case more than five business days after applicants become aware of the need to make any amendment or modification, or five business days after the reportable event occurs, whichever is later. An applicant's obligation to make such amendments or modifications to a pending application continues until they are made. [ 76 FR 73851 , Nov. 29, 2011, as amended at 81 FR 44448 , July 7, 2016; 85 FR 75814 , Nov. 25, 2020] § 1.21002 Prohibition of certain communications during the competitive bidding process. ( a ) Definitions. For purposes of this section: ( 1 ) The term “applicant” shall include all controlling interests in the entity submitting an application to participate in a given auction, as well as all holders of partnership and other ownership interests and any stock interest amounting to 10 percent or more of the entity, or outstanding stock, or outstanding voting stock of the entity submitting the application, and all officers and directors of that entity. In the case of a consortium, each member of the consortium shall be considered to have a controlling interest in the consortium; and ( 2 ) The term bids or bidding strategies shall include capital calls or requests for additional funds in support of bids or bidding strategies. ( b ) Certain communications prohibited. After the deadline for submitting applications to participate, an applicant is prohibited from cooperating or collaborating with any other applicant with respect to its own, or one another's, or any other competing applicant's bids or bidding strategies, and is prohibited from communicating with any other applicant in any manner the substance of its own, or one another's, or any other competing applicant's bids or bidding strategies, until after the post-auction deadline for winning bidders to submit applications for support. ( 1 ) Example 1. Company A is an applicant in area 1. Company B and Company C each own 10 percent of Company A. Company D is an applicant in area 1, area 2, and area 3. Company C is an applicant in area 3. Without violating the Commission's Rules, Company B can enter into a consortium arrangement with Company D or acquire an ownership interest in Company D if Company B certifies either: ( i ) That it has communicated with and will communicate neither with Company A or anyone else concerning Company A's bids or bidding strategy, nor with Company C or anyone else concerning Company C's bids or bidding strategy, or ( ii ) That it has not communicated with and will not communicate with Company D or anyone else concerning Company D's bids or bidding strategy. ( 2 ) [Reserved] ( c ) Internal controls required. Any party submitting an application for a given auction that has an ownership or other interest disclosed with respect to more than one application for an auction must implement internal controls that preclude any individual acting on behalf of the applicant as defined in paragraph (a)(1) of this section from possessing information about the bids or bidding strategies as defined in paragraph (a)(2) of this section of more than one party submitting an application for the auction or communicating such information with respect to a party submitting an application for the auction to anyone possessing such information regarding another party submitting an application for the auction. Implementation of such internal controls will not outweigh specific evidence that a prohibited communication has occurred, nor will it preclude the initiation of an investigation when warranted. ( d ) Modification of application required. An applicant must modify its application for an auction to reflect any changes in ownership or in membership of a consortium or a joint venture or agreements or understandings related to the support being sought. ( e ) Duty to report potentially prohibited communications. An applicant that makes or receives communications that may be prohibited pursuant to paragraph (b) of this section shall report such communications to the Commission staff immediately, and in any case no later than 5 business days after the communication occurs. An applicant's obligation to make such a report continues until the report has been made. ( f ) Procedures for reporting potentially prohibited communications. Any report required to be filed pursuant to this section shall be filed as directed in public notices detailing procedures for the bidding that was the subject of the reported communication. If no such public notice provides direction, the party making the report shall do so in writing to the Chief of the Auctions Division, Office of Economics and Analytics, by the most expeditious means available, including electronic transmission such as email. [ 85 FR 75816 , Nov. 25, 2020] § 1.21003 Competitive bidding process. ( a ) Public Notice of Competitive Bidding Procedures. Detailed competitive bidding procedures shall be established by public notice prior to the commencement of competitive bidding any time competitive bidding is conducted pursuant to this subpart. ( b ) Competitive Bidding Procedures—Design Options. The public notice detailing competitive bidding procedures may establish the design of the competitive bidding utilizing any of the following options, without limitation: ( 1 ) Procedures for Collecting Bids. ( i ) Procedures for collecting bids in a single round or in multiple rounds. ( ii ) Procedures for collecting bids on an item-by-item basis, or using various aggregation specifications. ( iii ) Procedures for collecting bids that specify contingencies linking bids on the same item and/or for multiple items. ( iv ) Procedures allowing for bids that specify a support level, indicate demand at a specified support level, or provide other information as specified by the Commission. ( v ) Procedures to collect bids in one or more stage or stages, including for transitions between stages. ( 2 ) Procedures for Assigning Winning Bids. ( i ) Procedures for scoring bids by factors in addition to bid amount, such as population coverage or geographic contour, or other relevant measurable factors. ( ii ) Procedures to incorporate public interest considerations into the process for assigning winning bids. ( 3 ) Procedures for Determining Payments. ( i ) Procedures to determine the amount of any support for which winning bidders may become authorized, consistent with other auction design choices. ( ii ) Procedures that provide for support amounts based on the amount as bid or on other pricing rules, either uniform or discriminatory. ( c ) Competitive Bidding Procedures—Mechanisms. The public notice detailing competitive bidding procedures may establish any of the following mechanisms, without limitation: ( 1 ) Limits on Available Information. Procedures establishing limits on the public availability of information regarding applicants, applications, and bids during a period of time covering the competitive bidding process, as well as procedures for parties to report the receipt of non-public information during such periods. ( 2 ) Sequencing. Procedures establishing one or more groups of eligible areas and if more than one, the sequence of groups for which bids will be accepted. ( 3 ) Reserve Price. Procedures establishing reserve prices, either disclosed or undisclosed, above which bids would not win in the auction. The reserve prices may apply individually, in combination, or in the aggregate. ( 4 ) Timing and Method of Placing Bids. Procedures establishing methods and times for submission of bids, whether remotely, by telephonic or electronic transmission, or in person. ( 5 ) Opening Bids and Bid Increments. Procedures establishing maximum or minimum opening bids and, by announcement before or during the auction, maximum or minimum bid increments in dollar or percentage terms. ( 6 ) Withdrawals. Procedures by which bidders may withdraw bids, if withdrawals are allowed. ( 7 ) Stopping Procedures. Procedures regarding when bidding will stop for a round, a stage, or an entire auction, in order to terminate the auction within a reasonable time and in accordance with public interest considerations and the goals, statutory requirements, rules, and procedures for the auction, including any reserve price or prices. ( 8 ) Activity Rules. Procedures for activity rules that require a minimum amount of bidding activity. ( 9 ) Auction Delay, Suspension, or Cancellation. Procedures for announcing by public notice or by announcement during the reverse auction, delay, suspension, or cancellation of the auction in the event of a natural disaster, technical obstacle, network disruption, evidence of an auction security breach or unlawful bidding activity, administrative or weather necessity, or for any other reason that affects the fair and efficient conduct of the competitive bidding, and procedures for resuming the competitive bidding starting from the beginning of the current or some previous round or cancelling the competitive bidding in its entirety. ( d ) Apportioning Package Bids. If the public notice establishing detailed competitive bidding procedures adopts procedures for bidding for support on combinations or packages of geographic areas, the public notice also shall establish a methodology for apportioning such bids among the geographic areas within the combination or package for purposes of implementing any Commission rule or procedure that requires a discrete bid for support in relation to a specific geographic area. ( e ) Public Notice of Competitive Bidding Results. After the conclusion of competitive bidding, a public notice shall identify the winning bidders that may apply for the offered universal service support and the amount(s) of support for which they may apply, and shall detail the application procedures. [ 76 FR 73851 , Nov. 29, 2011, as amended at 82 FR 15449 , Mar. 28, 2017] § 1.21004 Winning bidder's obligation to apply for support ( a ) Timely and Sufficient Application. A winning bidder has a binding obligation to apply for support by the applicable deadline. A winning bidder that fails to file an application by the applicable deadline or that for any reason is not subsequently authorized to receive support has defaulted on its bid. ( b ) Dismissal for failure to prosecute. The Commission may dismiss a winning bidder's application with prejudice for failure of the winning bidder to prosecute, failure of the winning bidder to respond substantially within the time period specified in official correspondence or requests for additional information, or failure of the winning bidder to comply with requirements for becoming authorized to receive support. A winning bidder whose application is dismissed for failure to prosecute pursuant to this paragraph has defaulted on its bid(s). ( c ) Liability for default payment or forfeiture in the event of auction default. A winning bidder that defaults on its bid(s) is liable for either a default payment or a forfeiture, which will be calculated by a method that will be established as provided in an order or public notice prior to competitive bidding. If the default payment is determined as a percentage of the defaulted bid amount, the default payment will not exceed twenty percent of the amount of the defaulted bid amount. ( d ) Additional liabilities. In addition to being liable for a default payment or a forfeiture pursuant to paragraph (c) of this section, a winning bidder that defaults on its winning bid(s) shall be subject to such measures as the Commission may provide, including but not limited to disqualification from future competitive bidding pursuant to this subpart. [ 76 FR 73851 , Nov. 29, 2011, as amended at 85 FR 75816 , Nov. 25, 2020] Subpart BB—Disturbance of AM Broadcast Station Antenna Patterns Source: 78 FR 66295 , Nov. 5, 2013, as amended at 78 FR 70499 , Nov. 26, 2013, unless otherwise noted. § 1.30000 Purpose. This rule part protects the operations of AM broadcast stations from nearby tower construction that may distort the AM antenna patterns. All parties holding or applying for Commission authorizations that propose to construct or make a significant modification to an antenna tower or support structure in the immediate vicinity of an AM antenna, or propose to install an antenna on an AM tower, are responsible for completing the analysis and notice process described in this subpart, and for taking any measures necessary to correct disturbances of the AM radiation pattern, if such disturbances occur as a result of the tower construction or modification or as a result of the installation of an antenna on an AM tower. In the event these processes are not completed before an antenna structure is constructed, any holder of or applicant for a Commission authorization is responsible for completing these processes before locating or proposing to locate an antenna on the structure, as described in this subpart. § 1.30001 Definitions. For purposes of this subpart: ( a ) Wavelength at the AM frequency. In this subpart, critical distances from an AM station are described in terms of the AM wavelength. The AM wavelength, expressed in meters, is computed as follows: (300 meters)/(AM frequency in megahertz) = AM wavelength in meters. For example, at the AM frequency of 1000 kHz, or 1 MHz, the wavelength is (300/1 MHz) = 300 meters. ( b ) Electrical degrees at the AM frequency. This term describes the height of a proposed tower as a function of the frequency of a nearby AM station. To compute tower height in electrical degrees, first determine the AM wavelength in meters as described in paragraph (a) of this section. Tower height in electrical degrees is computed as follows: (Tower height in meters)/(AM wavelength in meters) × 360 degrees = Tower height in electrical degrees. For example, if the AM frequency is 1000 kHz, then the wavelength is 300 meters, per paragraph (a) of this section. A nearby tower 75 meters tall is therefore [75/300] × 360 = 90 electrical degrees tall at the AM frequency. ( c ) Proponent. The term proponent refers in this section to the party proposing tower construction or significant modification of an existing tower or proposing installation of an antenna on an AM tower. ( d ) Distance from the AM station. The distance shall be calculated from the tower coordinates in the case of a nondirectional AM station, or from the array center coordinates given in CDBS or any successor database for a directional AM station. § 1.30002 Tower construction or modification near AM stations. ( a ) Proponents of construction or significant modification of a tower which is within one wavelength of a nondirectional AM station, and is taller than 60 electrical degrees at the AM frequency, must notify the AM station at least 30 days in advance of the commencement of construction. The proponent shall examine the potential impact of the construction or modification as described in paragraph (c) of this section. If the construction or modification would distort the radiation pattern by more than 2 dB, the proponent shall be responsible for the installation and maintenance of any detuning apparatus necessary to restore proper operation of the nondirectional antenna. ( b ) Proponents of construction or significant modification of a tower which is within the lesser of 10 wavelengths or 3 kilometers of a directional AM station, and is taller than 36 electrical degrees at the AM frequency, must notify the AM station at least 30 days in advance of the commencement of construction. The proponent shall examine the potential impact of the construction or modification as described in paragraph (c) of this section. If the construction or modification would result in radiation in excess of the AM station's licensed standard pattern or augmented standard pattern values, the proponent shall be responsible for the installation and maintenance of any detuning apparatus necessary to restore proper operation of the directional antenna. ( c ) Proponents of construction or significant modification of a tower within the distances defined in paragraphs (a) and (b) of this section of an AM station shall examine the potential effects thereof using a moment method analysis. The moment method analysis shall consist of a model of the AM antenna together with the potential re-radiating tower in a lossless environment. The model shall employ the methodology specified in § 73.151(c) of this chapter , except that the AM antenna elements may be modeled as a series of thin wires driven to produce the required radiation pattern, without any requirement for measurement of tower impedances. ( d ) A significant modification of a tower in the immediate vicinity of an AM station is defined as follows: ( 1 ) Any change that would alter the tower's physical height by 5 electrical degrees or more at the AM frequency; or ( 2 ) The addition or replacement of one or more antennas or transmission lines on a tower that has been detuned or base-insulated. ( e ) The addition or modification of an antenna or antenna-supporting structure on a building shall be considered a construction or modification subject to the analysis and notice requirements of this subpart if and only if the height of the antenna-supporting structure alone exceeds the thresholds in paragraphs (a) and (b) of this section. ( f ) With respect to an AM station that was authorized pursuant to a directional proof of performance based on field strength measurements, the proponent of the tower construction or modification may, in lieu of the study described in paragraph (c) of this section, demonstrate through measurements taken before and after construction that field strength values at the monitoring points do not exceed the licensed values. In the event that the pre-construction monitoring point values exceed the licensed values, the proponent may demonstrate that post-construction monitoring point values do not exceed the pre-construction values. Alternatively, the AM station may file for authority to increase the relevant monitoring-point value after performing a partial proof of performance in accordance with § 73.154 to establish that the licensed radiation limit on the applicable radial is not exceeded. ( g ) Tower construction or modification that falls outside the criteria described in the preceding paragraphs is presumed to have no significant effect on an AM station. In some instances, however, an AM station may be affected by tower construction or modification notwithstanding the criteria set forth above. In such cases, an AM station may submit a showing that its operation has been affected by tower construction or modification. Such a showing shall consist of either a moment method analysis as described in paragraph (c) of this section, or of field strength measurements. The showing shall be provided to: ( 1 ) The tower proponent if the showing relates to a tower that has not yet been constructed or modified and otherwise to the current tower owner; and ( 2 ) To the Commission, within two years after the date of completion of the tower construction or modification. If necessary, the Commission shall direct the tower proponent or tower owner, if the tower proponent or tower owner holds a Commission authorization, to install and maintain any detuning apparatus necessary to restore proper operation of the AM antenna. An applicant for a Commission authorization may not propose, and a party holding a Commission authorization may not locate, an antenna on any tower or support structure that has been shown to affect an AM station's operation pursuant to this subparagraph, or for which a disputed showing of effect on an AM station's operation is pending, unless the applicant, party, or tower owner notifies the AM station and takes appropriate action to correct the disturbance to the AM pattern. ( h ) An AM station may submit a showing that its operation has been affected by tower construction or modification that was commenced or completed prior to or on the effective date of the rules adopted in this Part pursuant to MM Docket No. 93-177. Such a showing shall consist of either a moment method analysis as described in paragraph (c) of this section, or of field strength measurements. The showing shall be provided to the current tower owner and the Commission within one year of the effective date of the rules adopted in this Part pursuant to MM Docket No. 93-177. If necessary, the Commission shall direct the tower owner, if the tower owner holds a Commission authorization, to install and maintain any detuning apparatus necessary to restore proper operation of the AM antenna. ( i ) An applicant for a Commission authorization may not propose, and a party holding a Commission authorization may not locate, an antenna on any tower or support structure, whether constructed before or after December 5, 2013, that meets the criteria in paragraphs (a) and (b) of this section, unless the analysis and notice process described in this subpart, and any necessary measures to correct disturbances of the AM radiation pattern, have been completed by the tower owner, the party proposing to locate the antenna, or any other party, either prior to construction or at any other time prior to the proposal or antenna location. [ 78 FR 66295 , Nov. 5, 2013] § 1.30003 Installations on an AM antenna. ( a ) Installations on a nondirectional AM tower. When antennas are installed on a nondirectional AM tower the AM station shall determine the operating power by the indirect method (see § 73.51 of this chapter ). Upon completion of the installation, antenna impedance measurements on the AM antenna shall be made. If the resistance of the AM antenna changes by more than 2 percent (see § 73.45(c)(1) of this chapter ), an application on FCC Form 302-AM (including a tower sketch of the installation) shall be filed with the Commission for the AM station to return to direct power measurement. ( b ) Installations on a directional AM array. Before antennas are installed on a tower in a directional AM array, the proponent shall notify the AM station so that, if necessary, the AM station may determine operating power by the indirect method (see § 73.51 of this chapter ) and request special temporary authority pursuant to § 73.1635 of this chapter to operate with parameters at variance. ( 1 ) For AM stations licensed via field strength measurements (see § 73.151(a) ), a partial proof of performance as defined by § 73.154 of this chapter shall be conducted by the tower proponent both before and after construction to establish that the AM array will not be and has not been adversely affected. If the operating parameters of the AM array change following the installation, the results of the partial proof of performance shall be filed by the AM station with the Commission on Form 302-AM. ( 2 ) For AM stations licensed via a moment method proof (see § 73.151(c) of this chapter ), a base impedance measurement on the tower being modified shall be made by the tower proponent as described in § 73.151(c)(1) . The result of the new tower impedance measurement shall be retained in the station's records. If the new measured base resistance and reactance values of the affected tower differ by more than ±2 ohms and ±4 percent from the corresponding modeled resistance and reactance values contained in the last moment method proof, then the station shall file Form 302-AM. The Form 302-AM shall be accompanied by the new impedance measurements for the modified tower and a new moment method model for each pattern in which the tower is a radiating element. Base impedance measurements for other towers in the array, sampling system measurements, and reference field strength measurements need not be repeated. The procedures described in this paragraph may be used as long as the affected tower continues to meet the requirements for moment method proofing after the modification. ( c ) Form 302-AM Filing. When the AM station is required to file Form 302-AM following an installation as set forth in paragraphs (a) and (b) of this section, the Form 302-AM shall be filed before or simultaneously with any license application associated with the installation. If no license application is filed as a result of the installation, the Form 302-AM shall be filed within 30 days after the completion of the installation. [ 78 FR 66295 , Nov. 5, 2013] § 1.30004 Notice of tower construction or modification near AM stations. ( a ) Proponents of proposed tower construction or significant modification to an existing tower near an AM station that are subject to the notification requirement in §§ 1.30002 and 1.30003 shall provide notice of the proposed tower construction or modification to the AM station at least 30 days prior to commencement of the planned tower construction or modification. Notice shall be provided to any AM station that is licensed or operating under Program Test Authority using the official licensee information and address listed in CDBS or any successor database. Notification to an AM station and any responses may be oral or written. If such notification and/or response is oral, the party providing such notification or response must supply written documentation of the communication and written documentation of the date of communication upon request of the other party to the communication or the Commission. Notification must include the relevant technical details of the proposed tower construction or modification. At a minimum, the notification should include the following: ( 1 ) Proponent's name and address. Coordinates of the tower to be constructed or modified. ( 2 ) Physical description of the planned structure. ( 3 ) Results of the analysis showing the predicted effect on the AM pattern, if performed. ( b ) Response to a notification should be made as quickly as possible, even if no technical problems are anticipated. Any response to a notification indicating a potential disturbance of the AM radiation pattern must specify the technical details and must be provided to the proponent within 30 days. If no response to notification is received within 30 days, the proponent may proceed with the proposed tower construction or modification. ( c ) The 30-day response period is calculated from the date of receipt of the notification by the AM station. If notification is by mail, this date may be ascertained by: ( 1 ) The return receipt on certified mail; ( 2 ) The enclosure of a card to be dated and returned by the recipient; or ( 3 ) A conservative estimate of the time required for the mail to reach its destination, in which case the estimated date when the 30-day period would expire shall be stated in the notification. ( d ) An expedited notification period (less than 30 days) may be requested when deemed necessary by the proponent. The notification shall be identified as “expedited” and the requested response date shall be clearly indicated. The proponent may proceed with the proposed tower construction or modification prior to the expiration of the 30-day notification period only upon receipt of written concurrence from the affected AM station (or oral concurrence, with written confirmation to follow). ( e ) To address immediate and urgent communications needs in the event of an emergency situation involving essential public services, public health, or public welfare, a tower proponent may erect a temporary new tower or make a temporary significant modification to an existing tower without prior notice to potentially affected nearby AM stations, provided that the tower proponent shall provide written notice to such AM stations within five days of the construction or modification of the tower and shall cooperate with such AM stations to promptly remedy any pattern distortions that arise as a consequence of such construction. [ 78 FR 66295 , Nov. 5, 2013] Subpart CC—Review of Applications, Petitions, Other Filings, and Existing Authorizations or Licenses with Reportable Foreign Ownership By Executive Branch Agencies for National Security, Law Enforcement, Foreign Policy, and Trade Policy Concerns Cross Reference Link to an amendment published at 85 FR 76385 , Nov. 27, 2020. Source: 85 FR 76383 , Nov. 27, 2020, unless otherwise noted. § 1.40001 Executive branch review of applications, petitions, other filings, and existing authorizations or licenses with reportable foreign ownership. Cross Reference Link to an amendment published at 85 FR 76385 , Nov. 27, 2020. ( a ) The Commission, in its discretion, may refer applications, petitions, and other filings to the executive branch for review for national security, law enforcement, foreign policy, and/or trade policy concerns. ( 1 ) The Commission will generally refer to the executive branch applications filed for an international section 214 authorization and submarine cable landing license as well as an application to assign, transfer control of, or modify those authorizations and licenses where the applicant has reportable foreign ownership and petitions for section 310(b) foreign ownership rulings for broadcast, common carrier wireless, and common carrier satellite earth station licenses pursuant to §§ 1.767 , 63.18 and 63.24 of this chapter , and 1.5000 through 1.5004. ( 2 ) - ( 3 ) [Reserved] ( b ) The Commission will consider any recommendations from the executive branch on pending application(s) for an international section 214 authorization or cable landing license(s) or petition(s) for foreign ownership ruling(s) pursuant to §§ 1.5000 through 1.5004 or on existing authorizations or licenses that may affect national security, law enforcement, foreign policy, and/or trade policy as part of its public interest analysis. The Commission will evaluate concerns raised by the executive branch and will make an independent decision concerning the pending matter. ( c ) In any such referral pursuant to paragraph (a) of this section or when considering any recommendations pursuant to paragraph (b) of this section, the Commission may disclose to relevant executive branch agencies, subject to the provisions of 44 U.S.C. 3510 , any information submitted by an applicant, petitioner, licensee, or authorization holder in confidence pursuant to § 0.457 or § 0.459 of this chapter . Notwithstanding the provisions of § 0.442 of this chapter , notice will be provided at the time of disclosure. ( d ) As used in this subpart, “reportable foreign ownership” for applications filed pursuant to §§ 1.767 and 63.18 and 63.24 of this chapter means any foreign owner of the applicant that must be disclosed in the application pursuant to § 63.18(h) ; and for petitions filed pursuant to §§ 1.5000 through 1.5004 “reportable foreign ownership” means foreign disclosable interest holders pursuant to § 1.5001(e) and (f) . § 1.40002 Referral of applications, petitions, and other filings with reportable foreign ownership to the executive branch agencies for review. ( a ) The Commission will refer any applications, petitions, or other filings for which it determines to seek executive branch review by placing the application, petition, or other filing on an accepted for filing public notice that will provide a comment period for the executive branch to seek deferral for review for national security, law enforcement, foreign policy, and/or trade policy concerns. ( b ) ( 1 ) The executive branch agency(ies) must electronically file in all applicable Commission file numbers and dockets associated with the application(s), petition(s), or other filing(s) a request that the Commission defer action until the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (Committee) completes its review. In the request for deferral the executive branch agency must notify the Commission on or before the comment date and must state whether the executive branch: ( i ) Sent tailored questions to the applicant(s), petitioner(s), and/or other filer(s); ( ii ) Will send tailored questions to the applicant(s), petitioner(s), and/or other filer(s) by a specific date not to be later than thirty (30) days after the date on which the Commission referred the application to the executive branch in accordance with paragraph (a) of this section; or ( iii ) Will not transmit tailored questions to the applicant(s), petitioner(s), and/or other filer(s). ( 2 ) The executive branch agency(ies) must electronically file in all applicable Commission file numbers and dockets associated with the application(s), petition(s), or other filing(s) a request by the comment date if it needs additional time beyond the comment period set out in the accepted for filing public notice to determine whether it will seek deferral. ( c ) If an executive branch agency(ies) does not notify the Commission that it seeks deferral of referred application(s), petition(s), and/or other filing(s) within the comment period established by an accepted for filing public notice, the Commission will deem that the executive branch does not have any national security, law enforcement, foreign policy, and/or trade policy concerns with the application(s), petition(s), and/or other filing(s) and may act on the application(s), petition(s), and/or other filing(s) as appropriate based on its determination of the public interest. § 1.40003 xxx Cross Reference Link to an amendment published at 85 FR 76385 , Nov. 27, 2020. § 1.40004 Time frames for executive branch review of applications, petitions, and/or other filings with reportable foreign ownership. ( a ) Tailored questions. For application(s), petition(s), and/or other filing(s) referred to the executive branch, in accordance with § 1.40002(b)(1) , the executive branch agency(ies) shall notify the Commission: ( 1 ) That the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (Committee) has sent tailored questions to the applicant(s), petitioner(s), and/or other filer(s); and ( 2 ) When the Chair of the Committee determines that the applicant's, petitioner's, and/or other filer's responses to any questions and information requests from the Committee are complete. ( b ) Initial review—120-day time frame. The executive branch shall notify the Commission by filing in the public record, in all applicable Commission file numbers and dockets for the application(s), petition(s), or other filing(s), no later than 120 days, plus any additional days as needed for escalated review and for NTIA to notify the Commission of the Committee's final recommendation in accordance with Executive Order 13913 (or as it may be amended), from the date that the Chair of the Committee determines that the applicant's, petitioner's, or other filer's responses to the tailored questions are complete, provided that the Committee sent tailored questions within thirty (30) days of the date of the Commission's referral in accordance with § 1.40002(a) , and subject to paragraphs (e) and (f) of this section, whether it: ( 1 ) Has no recommendation and no objection to the FCC granting the application; ( 2 ) Recommends that the FCC only grant the application contingent on the applicant's compliance with mitigation measures; or ( 3 ) Needs additional time to review the application(s), petition(s), or other filing(s). ( c ) Secondary assessment—additional 90-day time frame. When the executive branch notifies the Commission that it needs an additional 90-day period beyond the initial 120-day period for review of the application, petition, or other filing under paragraph (a) of this section, in accordance with the secondary assessment provisions of Executive Order 13913 (or as it may be amended), the executive branch must: ( 1 ) Explain in a filing on the record why it was unable to complete its review within the initial 120-day review period and state when the secondary assessment began; and ( 2 ) Notify the Commission by filing in the public record, in all applicable Commission file numbers and dockets for the application(s), petition(s), or other filing(s) no later than 210 days, plus any additional days as needed for escalated review and for NTIA to notify the Commission of the Committee's final recommendation in accordance with Executive Order 13913 (or as it may be amended), from the date that the Chair of the Committee determines that the applicant's, petitioner's, or other filer's responses to the tailored questions are complete, provided that the Committee sent tailored questions within thirty (30) days of the date of the Commission's referral in accordance with § 1.40002(a) , and subject to paragraphs (e) and (f) of this section, whether it: ( i ) Has no recommendation and no objection to the FCC granting the application; ( ii ) Recommends that the FCC only grant the application contingent on the applicant's compliance with mitigation measures; or ( iii ) Recommends that the FCC deny the application due to the risk to the national security or law enforcement interests of the United States. ( d ) Executive branch notifications to the Commission. ( 1 ) The executive branch shall file its notifications as to the status of its review in the public record established in all applicable Commission file numbers and dockets for the application, petition, or other filing. Status notifications include notifications of the date on which the Committee sends the tailored questions to an applicant, petitioner, or other filer and the date on which the Chair accepts an applicant's, petitioner's, or other filer's responses to the tailored questions as complete. Status notifications also include extensions of the 120-day review period and 90-day extension period (to include the start and end day of the extension) and updates every thirty (30) days during the 90-day extension period. If the executive branch recommends dismissal of the application, petition, or other filing without prejudice because the applicant, petitioner, or other filer has failed to respond to requests for information, the executive branch shall file that recommendation in the public record established in all applicable Commission file numbers and dockets. ( 2 ) In circumstances where the notification of the executive branch contains non-public information, the executive branch shall file a public version of the notification in the public record established in all applicable Commission file numbers and dockets for the application, petition, or other filing and shall file the non-public information with the Commission pursuant to § 0.457 of this chapter . ( e ) Alternative start dates for the executive branch's initial 120-day review. ( 1 ) In the event that the executive branch has not transmitted the tailored questions to an applicant within thirty (30) days of the Commission's referral of an application, petition, or other filing, the executive branch may request additional time by filing a request in the public record established in all applicable Commission file numbers and dockets associated with the application, petition, or other filing. The Commission, in its discretion, may allow an extension or start the executive branch's 120-day review clock immediately. If the Commission allows an extension and the executive branch does transmit the tailored questions to the applicant, petitioner, or other filer within the authorized extension period, the initial 120-day review period will begin on the date that executive branch determines the applicant's, petitioner's, or other filer's responses to be complete. If the executive branch does not transmit the tailored questions to the applicant, petitioner, or other filer within the authorized extension period, the Commission, in its discretion, may start the initial 120-day review period. ( 2 ) In the event that the executive branch's notification under § 1.40002(b) indicates that no tailored questions are necessary, the 120-day initial review period will begin on the date of that notification. ( f ) Extension of executive branch review periods. In accordance with Executive Order 13913 (or as it may be amended), the executive branch may in its discretion extend the initial 120-day review period and 90-day secondary assessment period. The executive branch shall file notifications of all extensions in the public record. Subpart DD—Secure and Trusted Communications Networks Authority: 47 U.S.C. chs. 5, 15. Source: 86 FR 2941 , Jan. 13, 2021, unless otherwise noted. § 1.50000 Purpose. The purpose of this subpart is to implement the Secure and Trusted Communications Networks Act of 2019, Public Law 116-124 , 133 Stat. 158. § 1.50001 Definitions. For purposes of this subpart: ( a ) Advanced communications service. The term “advanced communications service” means high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology with connection speeds of at least 200 kbps in either direction. ( b ) Appropriate national security agency. The term “appropriate national security agency” means: ( 1 ) The Department of Homeland Security; ( 2 ) The Department of Defense; ( 3 ) The Office of the Director of National Intelligence; ( 4 ) The National Security Agency; and ( 5 ) The Federal Bureau of Investigation. ( c ) Communications equipment or service. The term “communications equipment or service” means any equipment or service used in fixed and mobile networks that provides advanced communication service, provided the equipment or service includes or uses electronic components. ( d ) Covered communications equipment or service. The term “covered communications equipment or service” means any communications equipment or service that is included on the Covered List developed pursuant to § 1.50002 . ( e ) Determinations. The term “determination” means any determination from sources identified in § 1.50002(b)(1)(i)-(iv) that communications equipment or service pose an unacceptable risk to the national security of the United States or the security and safety of United States persons. ( f ) Covered List. The Covered List is a regularly updated list of covered communications equipment and services. ( g ) Reimbursement Program. The Reimbursement Program means the program established by section 4 of the Secure and Trusted Communications Networks Act of 2019, Public Law 116-124 , 133 Stat. 158, codified at 47 U.S.C. 1603 , as implemented by the Commission in § 1.50004 . ( h ) Reimbursement Program recipient (or recipient). The term “Reimbursement Program recipient” or “recipient” means an eligible advanced communications service provider that has requested via application and been approved for funding in the Reimbursement Program, regardless of whether the provider has received reimbursement funds. ( i ) Replacement List. The Replacement List is a list of categories of suggested replacements for covered communications equipment or service. § 1.50002 Covered List. ( a ) Publication of the Covered List. The Public Safety and Homeland Security Bureau shall publish the Covered List on the Commission's website and shall maintain and update the Covered List in accordance with § 1.50003 . ( b ) Inclusion on the Covered List. The Public Safety and Homeland Security Bureau shall place on the Covered List any communications equipment or service that: ( 1 ) Is produced or provided by any entity if, based exclusively on the following determinations, such equipment or service poses an unacceptable risk to the national security of the United States or the security and safety of United States persons: ( i ) A specific determination made by any executive branch interagency body with appropriate national security expertise, including the Federal Acquisition Security Council established under section 1222(a) of title 41, United States Code; ( ii ) A specific determination made by the Department of Commerce pursuant to Executive Order No. 13873 ( 3 CFR , 2019 Comp., p 317); relating to securing the information and communications technology and services supply chain); ( iii ) Equipment or service being covered telecommunications equipment or services, as defined in section 889(f)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Pub. L. 115-232 ; 132 Stat. 1918); or ( iv ) A specific determination made by an appropriate national security agency; ( 2 ) And is capable of: ( i ) Routing or redirecting user data traffic or permitting visibility into any user data or packets that such equipment or service transmits or otherwise handles; ( ii ) Causing the networks of a provider of advanced communications services to be disrupted remotely; or ( iii ) Otherwise posing an unacceptable risk to the national security of the United States or the security and safety of United States persons. § 1.50003 Updates to the Covered List. ( a ) The Public Safety and Homeland Security Bureau shall monitor the status of determinations in order to update the Covered List. ( b ) If a determination regarding covered communications equipment or service on the Covered List is reversed or modified, the Public Safety and Homeland Security Bureau shall remove from or modify the entry of such equipment or service on the Covered List, except the Public Safety and Homeland Security Bureau may not remove such equipment or service from the Covered List if any other of the sources identified in § 1.50002(b)(1)(i) through (iv) maintains a determination supporting inclusion on the Covered List of such equipment or service. ( c ) After each 12-month period during which the Covered List is not updated, the Public Safety and Homeland Security Bureau will issue a Public Notice indicating that no updates were necessary during such period. § 1.50004 Secure and Trusted Communications Networks Reimbursement Program. ( a ) Eligibility. Providers of advanced communications service with ten million or fewer customers are eligible to participate in the Reimbursement Program to reimburse such providers solely for costs reasonably incurred for the permanent replacement, removal, and disposal of covered communications equipment or services: ( 1 ) As defined in the Report and Order of the Commission in the matter of Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs (FCC 19-121; WC Docket No. 18-89; adopted November 22, 2019 (in this section referred to as the 'Report and Order'); or ( 2 ) As determined to be covered by both the process of the Report and Order and the Designation Orders of the Commission on June 30, 2020 (DA 20-690; PS Docket No. 19-351; adopted June 30, 2020) (DA 20-691; PS Docket No. 19-352; adopted June 30, 2020) (in this section collectively referred to as the 'Designation Orders'); ( 3 ) The provider certifies: ( i ) As of the date of the submission of the application, the provider has developed: ( A ) A plan for the permanent removal and replacement of any covered communications equipment or service that is in the communications network of the provider as of such date; and the disposal of the equipment or services removed; and ( B ) A specific timeline for the permanent removal, replacement, and disposal of the covered communications equipment or service, which timeline shall be submitted to the Commission as part of the application per paragraph (c)(1)(iv) of this section; and ( ii ) beginning on the date of the approval of the application, the provider: ( A ) Will not purchase, rent, lease, or otherwise obtain covered communications equipment or service, using reimbursement funds or any other funds (including funds derived from private sources); and ( B ) In developing and tailoring the risk management practices of the applicant, will consult and consider the standards, guidelines, and best practices set forth in the cybersecurity framework developed by the National Institute of Standards and Technology. ( b ) Filing window. The Wireline Competition Bureau shall announce the opening of an initial application filing window for eligible providers seeking to participate in the Reimbursement Program for the reimbursement of costs reasonably incurred for the removal, replacement, and disposal of covered communications equipment and services. The Wireline Competition Bureau may implement additional filing windows as necessary and shall provide notice before opening any additional filing window, and include in that notice the amount of funding available. The Wireline Competition Bureau shall treat all eligible providers filing an application within any filing window as if their applications were simultaneously received. Funding requests submitted outside of a filing window will not be accepted. ( c ) Application requests for funding. During a filing window, eligible providers may request a funding allocation from the Reimbursement Program for the reimbursement of costs reasonably incurred for the permanent removal, replacement, and disposal of covered communications equipment or service. ( 1 ) Requests for funding allocations must include: ( i ) An estimate of costs reasonably incurred for the permanent removal, replacement, and disposal of covered communications equipment or service from the eligible provider's network. Eligible providers may rely upon the predetermined estimated costs identified in the Catalog of Expenses Eligible for Reimbursement made available by the Wireline Competition Bureau. Eligible providers that submit their own cost estimates must submit supporting documentation and certify that the estimate is made in good faith. ( ii ) Detailed information on the covered communications equipment or service being removed, replaced and disposed of; ( iii ) The certifications set forth in paragraph (a)(3) of this section; ( iv ) A specific timeline for the permanent removal, replacement, and disposal of the covered communications equipment or services; and ( v ) The eligible provider certifies in good faith: ( A ) It will reasonably incur the estimated costs claimed as eligible for reimbursement; ( B ) It will use all money received from the Reimbursement Program only for expenses eligible for reimbursement; ( C ) It will comply with all policies and procedures relating to allocations, draw downs, payments, obligations, and expenditures of money from the Reimbursement Program; ( D ) It will maintain detailed records, including receipts, of all costs eligible for reimbursement actually incurred for a period of 10 years; and ( E ) It will file all required documentation for its expenses. ( d ) Application review process. The Wireline Competition Bureau will review applications to determine whether the application is complete, whether the applicant is eligible for the Reimbursement Program, and to assess the reasonableness of the cost estimates provided by the applicant. The Wireline Competition Bureau shall approve or deny applications to receive a funding allocation from the Reimbursement Program within 90 days after the close of the applicable filing window. The Wireline Competition Bureau may extend the deadline for granting or denying applications for up to an additional 45 days if it determines that an excessive number of applications have been filed during the window and additional time is needed to review the applications. ( 1 ) If the Wireline Competition Bureau determines that an application is materially deficient (including by lacking an adequate cost estimate or adequate supporting materials), the Wireline Competition Bureau shall provide the applicant a 15-day period to cure the defect before denying the application. If the cure period would extend beyond the deadline under this paragraph (d) for approving or denying the application, such deadline shall be extended through the end of the cure period. ( 2 ) Denial of an application shall not preclude the applicant from submitting a new application for reimbursement in a subsequent filing window. ( e ) Funding allocation. Once an application is approved, the Wireline Competition Bureau will allocate funding on the applicant's behalf to the United States Treasury for draw down by the Reimbursement Program recipient as expenses are incurred pursuant to the funding disbursement process provided for in paragraph (g) of this section. ( f ) Prioritization of Support. The Wireline Competition Bureau shall issue funding allocations in accordance with this section after the close of a filing window. After a filing window closes, the Wireline Competition Bureau shall calculate the total demand for Reimbursement Program support submitted by all eligible providers during the filing window period. If the total demand received during the filing window exceeds the total funds available, then the Wireline Competition Bureau shall allocate the available funds consistent with the following priority schedule: Table 1 to Paragraph ( f ) Prioritization schedule Priority 1 Advanced communication service providers with 2 million or fewer customers. Priority 2 Advanced communications service providers that are accredited public or private non-commercial educational institutions providing their own facilities-based educational broadband service, as defined in part 27, sub part M of title 47, Code of Federal Regulations , or any successor regulation and health care providers and libraries providing advanced communications service. Priority 3 Any remaining approved applicants determined to be eligible for reimbursement under the Program. ( 1 ) Application of prioritization schedule. The Wireline Competition Bureau shall issue full funding allocations for all eligible providers in the Priority 1 prioritization category before issuing funding allocations in any subsequent prioritization categories. The Wireline Competition Bureau shall continue to review all funding requests and issue funding allocations by prioritization category until there are no available funds remaining. If there is insufficient funding to fully fund all requests in a particular prioritization category, then the Wireline Competition Bureau will pro-rate the available funding among all eligible providers in that prioritization category. Requests for funds in subsequent prioritization categories will be denied for lack of available funding. ( 2 ) Pro-rata reductions. When pro-rata reductions are required per paragraph (f)(1) of this section, the Wireline Competition Bureau shall: ( i ) Divide the total remaining funds available by the demand within the specific prioritization category to produce a pro-rata factor; ( ii ) Multiply the pro-rata factor by the total dollar amount requested by each recipient in the prioritization category; and ( iii ) Allocate funds to each recipient consistent with this calculation. ( g ) Funding disbursements. Following the approval and issuance by the Wireline Competition Bureau of a funding allocation, a Reimbursement Program recipient may file a reimbursement claim request for the draw down disbursement of funds from the recipient's funding allocation. The recipient must show in the reimbursement claim actual expenses reasonably incurred for the removal, replacement, and disposal of covered communications equipment or service. The Wireline Competition Bureau will review and grant or deny reimbursement claims for actual costs reasonably incurred. ( 1 ) Initial reimbursement claim. Within one year of the approval of its Reimbursement Program application, a recipient must file at least one reimbursement claim. Failure to file a reimbursement claim within the one-year period will result in the reclamation of all allocated funding from the Reimbursement Program recipient and revert to the Reimbursement Program fund for potential allocation to other Reimbursement Program participants. ( 2 ) Reimbursement claim deadline. All reimbursement claims must be filed by the Reimbursement Program recipient within 120 days of expiration of the removal, replacement and disposal term. Following the expiration of the reimbursement claim deadline, any remaining and unclaimed funding allocated to the Reimbursement Program recipient will automatically be reclaimed and revert to the Reimbursement Program fund for potential allocation to other Reimbursement Program participants. ( 3 ) Extension of reimbursement claim deadline. A Reimbursement Program recipient may request a single extension of the reimbursement claim deadline by no later than the deadline discussed in paragraph (g)(2). The Wireline Competition Bureau shall grant any timely filed extension request of the reimbursement claim filing deadline for no more than 120 days. ( h ) Removal, replacement, and disposal term. Reimbursement Program recipients must complete the permanent removal, replacement, and disposal of covered communications equipment or service within one year of receiving the initial draw down disbursement from their funding allocation. ( 1 ) General extension. The Commission may extend by a period of six months the removal, replacement, and disposal term to all Reimbursement Program recipients if the Commission: ( i ) Finds that the supply of replacement communications equipment or services needed by the recipients to achieve the purposes of the Reimbursement Program is inadequate to meet the needs of the recipients; and ( ii ) Provides notice and detailed justification for granting the extension to: ( A ) The Committee on Energy and Commerce of the House of Representatives; and ( B ) The Committee on Commerce, Science, and Transportation of the Senate. ( 2 ) Individual extensions. Prior to the expiration of the removal, replacement and disposal term, a Reimbursement Program recipient may petition the Wireline Competition Bureau for an extension of the term. The Wireline Competition Bureau may grant an extension for up to six months after finding, that due to no fault of such recipient, such recipient is unable to complete the permanent removal, replacement, and disposal by the end of the term. The Wireline Competition Bureau may grant more than one extension request to a recipient if circumstances warrant. ( i ) Limitations on funding use. A Reimbursement Program recipient may not: ( 1 ) Use reimbursement funds to remove, replace or dispose of any covered communications equipment or service purchased, rented, leased, or otherwise obtained: ( i ) on or after publication of the Report and Order; or ( ii ) in the case of any covered communications equipment that only became covered pursuant to the Designation Orders, June 30, 2020; or ( 2 ) Purchase, rent, lease, or otherwise obtain any covered communications equipment or service, using reimbursement funds or any other funds (including funds derived from private sources). ( j ) Disposal requirements. Reimbursement Program recipients must dispose of the covered communications equipment or service in a manner to prevent the equipment or service from being used in the networks of other providers of advanced communications service. The disposal must result in the destruction of the covered communications equipment or service, making the covered communications equipment or service inoperable permanently. Reimbursement Program recipients must retain documentation demonstrating compliance with this requirement. ( k ) Status updates. Reimbursement Program recipients must file a status update with the Commission 90 days after the date on which the Wireline Competition Bureau approves the recipient's application for reimbursement and every 90 days thereafter, until the recipient has filed the final certification. ( 1 ) Status updates must include: ( i ) Efforts undertaken, and challenges encountered, in permanently removing, replacing, and disposing of the covered communications equipment or service; ( ii ) The availability of replacement equipment in the marketplace; ( iii ) Whether the recipient has fully complied with (or is in the process of complying with) all requirements of the Reimbursement Program; ( iv ) Whether the recipient has fully complied with (or is in the process of complying with) the commitments made in the recipient's application; ( v ) Whether the recipient has permanently removed from its communications network, replaced, and disposed of (or is in the process of permanently removing, replacing, and disposing of) all covered communications equipment or services that were in the recipient's network as of the date of the submission of the recipient's application; and ( vi ) Whether the recipient has fully complied with (or is in the process of complying with) the timeline submitted by the recipient as required by paragraph (c)(1)(iv) of this section. ( 2 ) The Wireline Competition Bureau will publicly post on the Commission's website the status update filings no earlier than 30 days after submission. ( 3 ) Within 180 days of completing the funding allocation stage provided for in paragraph (e), the Wireline Competition Bureau shall prepare a report for Congress providing an update on the Commission's implementation efforts and the work by recipients to permanently remove, replace, and dispose of covered communications equipment and service from their networks. ( l ) Spending reports. Within 10 days after the end of January and July, Reimbursement Program recipients must file reports with the Commission regarding how reimbursement funds have been spent, including detailed accounting of the covered communications equipment or service permanently removed and disposed of, and the replacement equipment or service purchased, rented, leased, or otherwise obtained, using reimbursement funds. ( 1 ) This requirement applies starting with the recipient's initial receipt of disbursement funds per paragraph (g) of this section and terminates once the recipient has filed a final spending report. certification. ( 2 ) Following the filing of its final certification per paragraph (m) of this section, certifying that the recipient has completed the removal, replacement, and disposal process, the recipient must file a final spending report showing the expenditure of all funds received as compared to estimated costs identified in its application for funding. ( 3 ) The Wireline Competition Bureau will make versions of the spending reports available on the Commission's website subject to confidentiality concerns consistent with the Commission's rules. ( m ) Final certification. Within 10 days following the expiration of the removal, replacement, and disposal term, Reimbursement Program recipient shall file a final certification with the Commission. ( 1 ) The final certification shall indicate whether the recipient has fully complied with (or is in the process of complying with) all terms and conditions of the Reimbursement Program, the commitments made in the application of the recipient for the reimbursement, and the timeline submitted by the recipient as required by paragraph (c) of this section. In addition, the final certification shall indicate whether the recipient has permanently removed from its communications network, replaced, and disposed of (or is in the process of permanently removing, replacing, and disposing of) all covered communications equipment or services that were in the network of the recipient as of the date of the submission of the application by the recipient for the reimbursement. ( 2 ) If a recipient submits a certification under this paragraph stating the recipient has not fully complied with the obligations detailed in paragraph (m)(1) of this section, then the recipient must file an updated certification when the recipient has fully complied. ( n ) Documentation retention requirement. Each Reimbursement Program recipient is required to retain all relevant documents, including invoices and receipts, pertaining to all costs eligible for reimbursement actually incurred for the removal, replacement, and disposal of covered communications equipment or services for a period ending not less than 10 years after the date on which it receives final disbursement from the Reimbursement Program. ( o ) Audits, reviews, and field investigations. Recipients shall be subject to audits and other investigations to evaluate their compliance with the statutory and regulatory requirements for the Reimbursement Program. Recipients must provide consent to allow vendors or contractors used by the recipient in connection with the Reimbursement Program to release confidential information to the auditor, reviewer, or other representative. Recipients shall permit any representative (including any auditor) appointed by the Commission to enter their premises to conduct compliance inspections. ( p ) Delegation of authority. The Commission delegates authority to the Wireline Competition Bureau, to adopt the necessary policies and procedures relating to allocations, draw downs, payments, obligations, and expenditures of money from the Reimbursement Program to protect against waste, fraud, and abuse and in the event of bankruptcy, to establish a Catalog of Expenses Eligible for Reimbursement and predetermined cost estimates, review the estimated cost forms, issue funding allocations for costs reasonably incurred, set filing deadlines and review information and documentation regarding progress reports, allocations, and final accountings. ( q ) Provider of Advanced Communications Services. For purposes of the Secure and Trusted Communications Networks Reimbursement Program, the term “provider of advanced communications services” is defined as: ( 1 ) A person who provides advanced communications service to United States customers; and includes: (A) Accredited public or private non-commercial educational institutions, providing their own facilities-based educational broadband service, as defined in 47 CFR part 27, subpart M , or any successor regulation; and (B) Health care providers and libraries providing advanced communications service. ( 2 ) [Reserved] [ 86 FR 2941 , 2944 , Jan. 13, 2021, as amended at 86 FR 55515 , Oct. 6, 2021; 86 FR 47021 , Aug. 23, 2021; 87 FR 59329 , Sept. 30, 2022] § 1.50005 Enforcement. ( a ) Violations. In addition to the penalties provided under the Communications Act of 1934, as amended, and section 1.80 of this chapter , if a Reimbursement Program recipient violates the Secure and Trusted Communications Networks Act of 2019, Public Law 116-124 , 133 Stat. 158, the Commission's rules implementing the statute, or the commitments made by the recipient in the application for reimbursement, the recipient: ( 1 ) Shall repay to the Commission all reimbursement funds provided to the recipient under the Reimbursement Program; ( 2 ) Shall be barred from further participation in the Reimbursement Program; ( 3 ) Shall be referred to all appropriate law enforcement agencies or officials for further action under applicable criminal and civil law; and ( 4 ) May be barred by the Commission from participation in other programs of the Commission, including the Federal universal service support programs established under section 254 of the Communications Act of 1934, as amended. ( b ) Notice and opportunity to cure. The penalties described in paragraph (a) of this section shall not apply to a recipient unless: ( 1 ) The Commission, the Wireline Competition Bureau, or the Enforcement Bureau provides the recipient with notice of the violation; and ( 2 ) The recipient fails to cure the violation within 180 days after such notice. ( c ) Recovery of funds. The Commission will immediately take action to recover all reimbursement funds awarded to a recipient under the Program in any case in which such recipient is required to repay reimbursement funds under paragraph (a) of this section. § 1.50006 Replacement List. ( a ) Development of List. The Commission shall develop a list of categories of suggested replacements of physical and virtual communications equipment, application and management software, and services for the covered communications equipment or services listed on the Covered List pursuant to §§ 1.50002 and 1.50003 of this subpart . ( 1 ) In compiling the Replacement List, the Commission may review efforts from, or overseen by, other Federal partners to inform the Replacement List. ( 2 ) The Replacement List shall include categories of physical and virtual communications equipment, application and management software, and services that allows carriers the flexibility to select the equipment or services that fit their needs from categories of equipment and services. ( 3 ) The Wireline Competition Bureau shall publish the Replacement List on the Commission's website. ( b ) Maintenance of the List. The Wireline Competition Bureau shall issue a Public Notice announcing any updates to the Replacement List. If there are no updates to the Replacement List in a calendar year, the Wireline Competition Bureau shall issue a Public Notice announcing that no updates that have been made to the Replacement List. ( c ) Neutrality. The Replacement List must be technology neutral and may not advantage the use of reimbursement funds for capital expenditures over operational expenditures. § 1.50007 Reports on covered communications equipment or services. ( a ) Contents of Report. Each provider of advanced communications service must submit an annual report to the Commission that: ( 1 ) Identifies any covered communications equipment or service that was purchased, rented, leased or otherwise obtained on or after: ( i ) August 14, 2018, in the case of any covered communications equipment or service on the initial list published pursuant to § 1.50002 ; or ( ii ) Within 60 days after the date on which the Commission places such equipment or service on the list required by § 1.50003 ; ( 2 ) Provides details on the covered communications equipment or services in its network subject to reporting pursuant to paragraph (a)(1) of this section, including the type, location, date purchased, rented, leased or otherwise obtained, and any removal and replacement plans; ( 3 ) Provides a detailed justification as to why the facilities-based provider of broadband service purchased, rented, leased or otherwise obtained the covered communications equipment or service; ( 4 ) Provides information about whether any such covered communications equipment or service has subsequently been removed and replaced pursuant to Commission's reimbursement program contained in § 1.50004 of this subpart ; ( 5 ) Provides information about whether such provider plans to continue to purchase, rent, lease, or otherwise obtain, or install or use, such covered communications equipment or service and, if so, why; and ( 6 ) Includes a certification as to the accuracy of the information reported by an appropriate official of the filer, along with the title of the certifying official. ( b ) Reporting deadline. Providers of advanced communications service shall file initial reports within 90 days after the Office of Economics and Analytics issues a public notice announcing the availability of the new reporting platform. Thereafter, filers must submit reports once per year on or before March 31st, reporting information as of December 31st of the previous year. ( c ) Reporting exception. If a provider of advanced communications service certifies to the Commission that such provider does not have any covered communications equipment or service in the network of such provider, such provider is not required to submit a report under this section after making such certification, unless such provider later purchases, rents, leases or otherwise obtains any covered communications equipment or service. ( d ) Authority to update. The Office of Economics and Analytics may, consistent with these rules, implement any technical improvements, changes to the format and type of data submitted, or other clarifications to the report and its instructions. [ 86 FR 2946 , Jan. 13, 2021, as amended at 86 FR 55515 , Oct. 6, 2021] Subpart EE—Enhanced Competition Incentive Program Cross Reference Link to an amendment published at 87 FR 57417 , Sept. 20, 2022. Source: 87 FR 57417 , Sept. 20, 2022, unless otherwise noted. § 1.60000 Purpose. The purpose of this subpart is to implement the Enhanced Competition Incentive Program (ECIP), a program designed to incentivize Qualifying Transactions in the Wireless Radio Services to increase spectrum access for small carriers and Tribal Nations and to increase competition, and also facilitate the provision of advanced telecommunications services in rural areas by eligible entities. § 1.60001 Definitions. The following definitions are applicable to the ECIP. ( a ) Affiliate. A person holding an attributable interest in an applicant if such individual or entity: ( 1 ) Directly or indirectly controls or has the power to control the applicant; or ( 2 ) Is directly or indirectly controlled by the applicant; or ( 3 ) Is directly or indirectly controlled by a third party or parties that also controls or has the power to control the applicant; or ( 4 ) Has an “identity of interest” with the applicant. Note 1 to paragraph (a). See §§ 1.2110 and 1.2112(a)(1) through (7) for further clarification on determining affiliation. ( b ) Qualifying transaction. A transaction between unaffiliated parties involving a partition and/or disaggregation, long-term leasing arrangement, or full assignment that meets the requirements of either the small carrier or Tribal Nation transaction prong pursuant to § 1.60003 or the rural-focused transaction prong pursuant to § 1.60004 . ( c ) Qualifying geography. Qualifying Geography is the minimum geography threshold required for the rural-focused transaction prong. ( d ) Rural area. Rural area is any area except: ( 1 ) A city, town, or incorporated area that has a population of more than 20,000 inhabitants; or ( 2 ) An urbanized area contiguous and adjacent to a city or town that has a population of more than 50,000 inhabitants. ( e ) Small carrier. A small carrier is a carrier, defined as any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ), that: ( 1 ) Has not more than 1,500 employees (as determined under 13 CFR 121.106 ); and ( 2 ) Offers services using the facilities of the carrier. ( f ) Transaction geography. Transaction Geography is the total geography included in a Qualifying Transaction. ( g ) Tribal nation. A Tribal Nation is any federally-recognized American Indian Tribe and Alaska Native Village, the consortia of federally recognized Tribes and/or Native Villages, and other entities controlled and majority-owned by such Tribes or consortia. [ 87 FR 57417 , Sept. 20, 2022, as amended at 89 FR 11743 , Feb. 15, 2024] § 1.60002 Application requirements for program participation. Applicants seeking to participate in the ECIP must submit an application on FCC Form 603 or 608, as applicable, to the Wireless Telecommunications Bureau for review and approval that details a Qualifying Transaction through a partition and/or disaggregation pursuant to § 1.950 , a full assignment pursuant to § 1.948 , a long-term spectrum manager lease arrangement pursuant to § 1.9020 , or a long-term de facto transfer lease arrangement pursuant to § 1.9030 , and that: ( a ) Designates that the Qualifying Transaction identified in the application seeks consideration under the ECIP; ( b ) Selects the prong applicable to its Qualifying Transaction, either § 1.60003 or § 1.60004 , but not both, even if a party to the transaction is eligible under both prongs, and demonstrates that the applicants meet each requirement under § 1.60003 or § 1.60004 ; ( c ) Demonstrates that the applicants to the Qualifying Transaction are unaffiliated by providing a list of all affiliated entities for each party to the transaction through the filing of a new FCC Form 602, or the filing of an updated FCC Form 602 if the ownership information is not current; ( d ) Includes a certification that the applicants to the Qualifying Transaction are not barred from the ECIP pursuant to § 1.60007 ; ( e ) Includes a certification that the license(s) included in the application have not previously received benefits under the ECIP pursuant to § 1.60005 ; ( f ) Includes a certification that the applicants entered into the Qualifying Transaction in good faith and that the licensee/lessor reasonably believes the assignee/lessee has the resources and a bona fide intent to meet the program's obligations; ( g ) Includes a certification that the assignor or lessor either did not confer any benefit (monetary or otherwise) to the assignee or lessee as consideration for entering into the proposed ECIP transaction or, if benefits were conferred to the assignee or lessee, the application must include a narrative with a detailed description of any benefits so conferred by the assignor or lessor to the assignee or lessee, respectively; and ( h ) Includes a certification that any lease arrangement entered into for purposes of ECIP participation is for a minimum term of five (5) years, whether a long-term de facto transfer lease arrangement or a long-term spectrum manager lease arrangement. [ 87 FR 57417 , Sept. 20, 2022, as amended at 89 FR 11743 , Feb. 15, 2024] § 1.60003 Small carrier or tribal nation transaction prong. ( a ) Eligibility. The following parties are eligible to participate through a Qualifying Transaction under the small carrier or Tribal Nation transaction prong of the ECIP: an assignor that is a covered geographic licensee as defined under § 1.907 ; a lessor in an included service as set forth in § 1.9005 that is also a covered geographic licensee as defined under § 1.907 ; and an unaffiliated assignee or unaffiliated lessee that is a small carrier or a Tribal Nation as defined in this subpart, except that a transaction shall not be eligible for participation in the ECIP under this prong if it includes either: ( 1 ) A license(s) with existing shared construction obligations pursuant to § 1.950(g) ; ( 2 ) An application to participate in ECIP that includes an election from the parties to share construction obligations pursuant to § 1.950(g) ; ( 3 ) A light-touch leasing spectrum manager lease arrangement(s) of 3.5 GHz Priority Access Licenses in the Citizens Band Radio Service; or ( 4 ) An application to participate in ECIP that includes a barred party pursuant to § 1.60007 . ( b ) Qualification requirements. An applicant in a Qualifying Transaction under the small carrier or Tribal Nation transaction prong must demonstrate that: ( 1 ) The ECIP transaction involving a disaggregation, partition/disaggregation in combination, full license assignment, or a lease, includes a minimum of 50% of the licensed spectrum, and meets the minimum spectrum threshold at every point in the Transaction Geography (where the percentage is calculated at any point as the amount of spectrum being assigned/leased (in megahertz)/total spectrum held under the license (in megahertz); ( 2 ) The ECIP transaction involving a partition, partition/disaggregation in combination, full license assignment, or a lease, includes a minimum Transaction Geography of 25% of the total licensed area for licenses with a licensed area that contains 30,000 square miles or less, or a minimum Transaction Geography of 10% of the total licensed area for licenses with a licensed area 30,001 square miles or larger; ( 3 ) If a lease arrangement, the minimum term of a long-term spectrum manager lease or de facto transfer lease is at least five (5) years; and ( 4 ) The ECIP transaction was entered into in good faith with a bona fide intent by all parties to meet the program's obligations. ( c ) Qualifying Transaction limitations. Multiple licenses may be included in a Qualifying Transaction between unaffiliated parties under this prong, however, spectrum and geography cannot be aggregated across multiple licenses to meet the respective minimum thresholds; each license in a Qualifying Transaction shall be considered separately and must independently meet the respective minimum spectrum and geography thresholds in paragraph (b) of this section. Each license included in a Qualifying Transaction under this prong shall either be the subject of an assignment (full, partition and/or disaggregation) or a lease arrangement, but not both. A party to a Qualifying Transaction under this prong is not permitted to assign a part of a license and lease a different part of the same license to meet the respective minimum spectrum and geographic thresholds. [ 87 FR 57417 , Sept. 20, 2022] § 1.60004 Rural-focused transaction prong. ( a ) Eligibility. The following parties are eligible to participate through a Qualifying Transaction under the rural-focused transaction prong of the ECIP: an assignor that is a covered geographic licensee as defined by § 1.907 ; a lessor in an included service as set forth in § 1.9005 that is also a covered geographic licensee as defined by § 1.907 ; and an unaffiliated assignee or lessee that commits to meeting the requirements of the rural-focused transaction prong, except that a transaction shall not be eligible for participation in the ECIP under this prong if it includes either: ( 1 ) A license(s) with existing shared construction obligations pursuant to § 1.950(g) ; ( 2 ) An application to participate in ECIP that includes an election from the parties to share construction obligations pursuant to § 1.950(g) ; ( 3 ) A light-touch leasing spectrum manager lease arrangement(s) of 3.5 GHz Priority Access Licenses in the Citizens Band Radio Service; or ( 4 ) An application to participate in ECIP that includes a barred party pursuant to § 1.60007 . ( b ) Qualification requirements. An applicant in a Qualifying Transaction under the rural-focused transaction prong must demonstrate that: ( 1 ) The ECIP transaction involving a disaggregation, partition/disaggregation in combination, or a lease, includes a minimum of 50% of the licensed spectrum, and meets the minimum spectrum threshold at every point in the Transaction Geography (where the percentage is calculated at any point as the amount of spectrum being assigned/leased (in megahertz)/total spectrum held under the license (in megahertz)); ( 2 ) The minimum Qualifying Geography threshold of exclusively rural area is included in the application based on the following scaled categories: ( i ) 300 contiguous square miles for contributing licenses with licensed area containing up to 30,000 square miles; ( ii ) 900 contiguous square miles for contributing licenses with licensed area containing between 30,001-90,000 square miles; ( iii ) 5,000 contiguous square miles for contributing licenses with licensed area containing between 90,001-500,000 square miles; or ( iv ) 15,000 contiguous square miles for contributing licenses with licensed area containing 500,001 square miles or more; ( 3 ) If a lease arrangement, the minimum term of a long-term spectrum manager lease or de facto transfer lease is at least five (5) years; and ( 4 ) The ECIP transaction was entered into in good faith with a bona fide intent by all parties to meet the program's obligations. ( c ) Multiple contributing licenses. Qualifying Transactions between unaffiliated parties under the rural-focused transaction prong must specify at least one area of Qualifying Geography, and one or more licenses may contribute, via any combination of full assignment, partitioning and/or disaggregation, and/or lease(s), provided the Qualifying Geography intersects each contributing license included in the underlying application. Where multiple licenses with different size licensed areas are included in the Qualifying Transaction and each contributes to the Qualifying Geography, the Qualifying Geography must consist of the minimum geographic threshold applicable to the contributing license with the greatest square mileage in its licensed area. [ 87 FR 57417 , Sept. 20, 2022] § 1.60005 Program benefits. ( a ) Program benefits. The following benefits for license(s) included in an ECIP Qualifying Transaction filed pursuant to § 1.60002 , shall be conferred upon consummation of a Commission approved assignment application, grant of a de facto transfer lease application, or acceptance of a spectrum manager lease application, as specified: ( 1 ) License term extension. All parties to a partition and/or disaggregation Qualifying Transaction; the lessor entering into a spectrum lease arrangement Qualifying Transaction; and the assignee in a full license assignment Qualifying Transaction, shall receive a five-year license term extension on the license(s) subject to the application. ( 2 ) Construction extension. All parties to a partition and/or disaggregation Qualifying Transaction; the lessor entering into a spectrum lease arrangement Qualifying Transaction; and the assignee in a full license assignment Qualifying Transaction, shall receive a one-year construction extension of both the interim and final performance requirement deadline, where applicable, on the license(s) subject to the application. Where the Commission has previously extended a performance requirement deadline on the license(s) and that deadline has not passed, the one year extension conferred through ECIP is in addition to the prior extension, provided the extension that was previously granted, whether by rule or through waiver, is transferrable, and the assignee separately justifies such relief if required. ( 3 ) Substitution of alternative construction requirement. The assignee in a qualifying partition, combination partition disaggregation transaction, or full license assignment filed under the rural focused-transaction prong in § 1.60004 , shall be subject to the alternative construction requirement set forth in § 1.60006 in lieu of any applicable service-based performance requirement for the license(s) resulting from an ECIP transaction. Where the Commission has previously modified the assignor's substantive service-based performance requirement through conditions granted by waiver and such requirements have not been met, the assignee will receive the substituted alternative construction requirement benefit if the assignee separately requests, and is granted, a waiver. ( b ) Limitation on duplicative benefits. ( 1 ) A license included in a Commission approved Qualifying Transaction in the ECIP shall be eligible for program benefits a single time per license for the license term and all subsequent renewal terms. ( 2 ) A license, including a license resulting from a partition and/or disaggregation, previously included in a Qualifying Transaction approved by the Commission in the ECIP, shall be ineligible to receive benefits in any subsequent ECIP transaction, regardless of whether the current licensee was the beneficiary in the original or a subsequent Qualifying Transaction. [ 87 FR 57417 , Sept. 20, 2022] § 1.60006 Program obligations. ( a ) Compliance with requirements under selected prong. An assignee or lessee must comply with the requirements of either the small carrier or Tribal Nation transaction prong in § 1.60003 or the rural-focused transaction prong in § 1.60004 , as selected in its ECIP application, and is not permitted to change prongs after the consummation of the Commission approved assignment application, grant of a de facto transfer lease application, or acceptance of a spectrum manager lease application for a Qualifying Transaction in ECIP. ( b ) Construction requirement for rural-focused transaction prong assignees. Assignees shall be subject to the following construction requirements for any resulting license(s) granted in a Commission approved Qualifying Transaction through partition, a combination partition/disaggregation, or full license assignment filed under the rural-focused transaction prong in ECIP, which supersedes any service-based requirement: ( 1 ) The assignee must construct and operate, or provide signal coverage and offer service to, 100% of the Qualifying Geography identified in the Commission approved Qualifying Transaction. ( 2 ) The construction period is the applicable construction deadline identified on the respective license(s), as extended by § 1.60005 . If no such deadline remains for the license(s), the assignee must construct and operate, or provide signal coverage and offer service to, 100% of the Qualifying Geography no later than two (2) years after the consummation of the Commission approved application. ( 3 ) Where the assignee is subject to both an interim and final performance benchmark, the performance requirements in this paragraph (b) shall replace the interim performance benchmark and the assignee shall not be subject to a final performance requirement. Where the assignee has only a remaining final performance requirement, the performance requirements in this paragraph (b) shall replace the final benchmark. ( 4 ) All end user devices throughout the Qualifying Geography must be capable of operation on all spectrum bands associated with license(s) that contribute to the Qualifying Geography. ( 5 ) Consistent with § 1.946(d) , notification of completion of construction must be provided to the Commission through the filing of FCC Form 601, no later than 15 days after the applicable construction deadline or the expiration of the two (2) year period in paragraph (b)(2) of this section. ( c ) Operational requirement for rural-focused transaction prong assignees. Assignees in a Commission approved rural-focused transaction pursuant to § 1.60004 are subject to the following operational requirements: ( 1 ) Assignees must construct and operate in, or provide signal coverage and offer service to, 100% of the Qualifying Geography identified in the Commission approved Qualifying Transaction for a period of at least three (3) consecutive years; ( 2 ) Operation or service must not fall below that used to meet the construction requirement in paragraph (b) of this section for the entire three (3) year period; and ( 3 ) Assignees must construct and operate, or provide signal coverage and offer service, as required pursuant to paragraph (b) of this section, by the applicable construction deadline identified on the license(s), as extended by § 1.60005 . Where no such deadline remains for the license(s), the three (3) year continuous operational requirement must commence no later than two (2) years after the consummation of the Commission approved application filed pursuant to § 1.60002 . ( d ) Construction and operational requirements for rural-focused transaction prong leases. Lessees must construct and operate, or provide signal coverage and offer service to, 100% of the Qualifying Geography identified in the underlying Qualifying Transaction that was the basis for Commission approval in the ECIP. Lessees must meet this requirement no later than two (2) years after grant of the underlying de facto transfer lease application or acceptance of the underlying spectrum manager lease application, and must maintain operation for a period of at least three (3) consecutive years during any period within the initial minimum required five (5) year lease term. ( e ) Operational requirement notifications. Assignees and/or lessees of rural-focused transactions subject to § 1.60004 must file the following notifications to demonstrate compliance with the requirements in paragraphs (a) through (c) of this section: ( 1 ) Initial operational requirement notification. Assignees and/or lessees must file an initial operational notification with the Commission within 30 days of the commencement of operations that: ( i ) Provides the date operations began; ( ii ) Certifies that the operational requirement of 100% coverage of the Qualifying Geography for that assigned license or lease has been satisfied; and ( iii ) Provides technical data demonstrating such compliance. ( 2 ) Final operational requirement notification. Assignees and/or lessees must file a final operational notification requirement with the Commission within 30 days of completion of the three consecutive year operational requirement that: ( i ) Certifies that the operational requirement of 100% coverage of the Qualifying Geography for three (3) consecutive years has been satisfied; ( ii ) Provides the date the three (3) year period was completed; and ( iii ) Provides technical data demonstrating the coverage provided during the three (3) year period. ( f ) Holding period. Assignees and/or lessees participating in ECIP under either the small carrier or Tribal Nation transaction prong set forth in § 1.60003 , or the rural-focused transaction prong set forth in § 1.60004 , must comply with the following obligations: ( 1 ) Assignees. An assignee of a license(s) granted in a Qualifying Transaction involving a partition and/or disaggregation or full assignment is required to hold any such license(s) for a period of at least five (5) years, commencing upon the consummation date of the Commission approved application filed pursuant to § 1.60002 . During this holding period, except as provided in paragraph (g) of this section, the license(s) received through ECIP is not permitted to be further partitioned, disaggregated, assigned, or leased. ( 2 ) Lessees. Lease arrangements subject to the ECIP shall not be terminated by either lessor or lessee prior to the expiration of the five (5) year term required by § 1.60003(b)(3) or § 1.60004(b)(3) , where applicable, and, except as provided in paragraph (g) of this section, may not be transferred or subleased to another party during the five (5) year term. ( 3 ) Rural-focused transaction prong assignees. Any license(s) resulting from a Qualifying Transaction under the rural-focused transaction prong pursuant to § 1.60004 may not be subsequently assigned (partition and/or disaggregation or full assignment), leased or transferred until the following conditions have been met: ( i ) The license(s) has been held by the assignee of the Qualifying Transaction for a period of at least five (5) years commencing on the date of consummation of the Commission approved application filed pursuant to § 1.60002 ; and ( ii ) The construction and operational requirements pursuant to paragraphs (a) through (d) of this section, where applicable, have been satisfied. ( g ) Exceptions. The requirements in paragraphs (a) through (e) of this section do not apply to pro forma transfers pursuant to § 1.948(c)(1) , and do not apply to any area of the Transaction Geography and/or Qualifying Geography, which is covered by a lease or sublease entered into for the purpose of enabling a Contraband Interdiction System (as defined in § 1.9003 ). [ 87 FR 57417 , Sept. 20, 2022, as amended at 89 FR 11743 , Feb. 15, 2024] § 1.60007 Penalties. ( a ) Automatic termination. A license(s) resulting from a Qualifying Transaction in the ECIP shall be automatically terminated without specific Commission action or further notice to the licensee, superseding any service-based penalty, if the assignee fails to comply with any of the following: ( 1 ) The five (5) year holding period pursuant to § 1.60006(f) ; ( 2 ) The construction requirement pursuant to § 1.60006(b) or (d) , or any remaining service-based performance requirement, where applicable; or ( 3 ) The operational requirements pursuant to § 1.60006(c) or (d) , where applicable. ( b ) Bar from future program participation. A party participating in a Commission approved Qualifying Transaction in the ECIP shall be prohibited from future participation in the ECIP where it is found that it: ( 1 ) Violated the five (5) year holding period requirements of § 1.60006(f) , including premature termination of a lease or entering into a sublease in violation of § 1.60006(f)(2) , if applicable; ( 2 ) Failed to meet the construction requirement of § 1.60006(b) or (d) , or any remaining service-based performance requirement, where applicable; ( 3 ) Failed to meet the operational requirements of § 1.60006(c) or (d) , where applicable; or ( 4 ) Entered into a bad faith transaction in violation of § 1.60003(b)(4) or § 1.60004(b)(4) . ( c ) Effect of program bar. A bar from ECIP is applied as follows: ( 1 ) A program bar shall commence upon the date the assignee or lessee receives notice from the Commission via electronic mail finding a violation pursuant to paragraph (b) of this section. A barred party shall be eligible to continue to receive benefits from Qualifying Transactions in ECIP that are unrelated to the Qualifying Transaction that resulted in the program bar, provided that those benefits were conferred prior to the commencement of the program bar, as a result of the Commission accepting a consummation of an approved assignment application, granting a de facto transfer lease application, or accepting a spectrum manager lease application, as applicable. ( 2 ) A program bar shall also apply to affiliates of barred parties. Third-parties shall be considered affiliates of a barred party if they qualify as an affiliate under § 1.60001 . A prospective ECIP participant will be considered a barred affiliate when either: ( i ) The third-party was identified, or should have been identified, as an affiliate on the initial Commission approved application for the Qualifying Transaction resulting in the bar; or ( ii ) The third-party identifies, or should have identified, a barred affiliate in a subsequent application to participate in the ECIP, regardless of whether they were affiliates at the time of the filing of the initial application for a Qualifying Transaction resulting in the bar. ( 3 ) Transactions that include a barred party shall not be eligible for ECIP benefits, even if all other qualifications are satisfied. [ 87 FR 57417 , Sept. 20, 2022, as amended at 89 FR 11743 , Feb. 15, 2024] Appendix A to Part 1—A Plan of Cooperative Procedure in Matters and Cases Under the Provisions of Section 410 of the Communications Act of 1934 (Approved by the Federal Communications Commission October 25, 1938, and approved by the National Association of Railroad and Utilities Commissioners on November 17, 1938.) preliminary statement concerning the purpose and effect of the plan Section 410 of the Communications Act of 1934 authorizes cooperation between the Federal Communications Commission, hereinafter called the Federal Commission, and the State commissions of the several States, in the administration of said Act. Subsection (a) authorizes the reference of any matter arising in the administration of said Act to a board to be composed of a member or members from each of the States in which the wire, or radio communication affected by or involved in the proceeding takes place, or is proposed. Subsection (b) authorizes conferences by the Federal Commission with State commissions regarding the relationship between rate structures, accounts, charges, practices, classifications, and regulations of carriers subject to the jurisdiction of such State commissions and of said Federal Commission and joint hearings with State commissions in connection with any matter with respect to which the Federal Commission is authorized to act. Obviously, it is impossible to determine in advance what matters should be the subject of a conference, what matters should be referred to a board, and what matters should be heard at a joint hearing of State commissions and the Federal Commission. It is understood, therefore, that the Federal Commission or any State commission will freely suggest cooperation with respect to any proceedings or matter affecting any carrier subject to the jurisdiction of said Federal Commission and of a State commission, and concerning which it is believed that cooperation will be in the public interest. To enable this to be done, whenever a proceeding shall be instituted before any commission, Federal or State, in which another commission is believed to be interested, notice should be promptly given each such interested commission by the commission before which the proceeding has been instituted. Inasmuch, however, as failure to give notice as contemplated by the provisions of this plan will sometimes occur purely through inadvertence, any such failure should not operate to deter any commission from suggesting that any such proceeding be made the subject matter of cooperative action, if cooperation therein is deemed desirable. It is understood that each commission whether or not represented in the National Association of Railroad and Utilities Commissioners, must determine its own course of action with respect to any proceeding in the light of the law under which, at any given time, it is called upon to act, and must be guided by its own views of public policy; and that no action taken by such Association can in any respect prejudice such freedom of action. The approval by the Association of this plan of cooperative procedure, which was jointly prepared by the Association's standing Committee on Cooperation between Federal and State commissions and said Federal Commission, is accordingly recommendatory only; but such plan is designed to be, and it is believed that it will be, a helpful step in the promotion of cooperative relations between the State commissions and said Federal Commission. notice of institution of proceeding Whenever there shall be instituted before the Federal Commission any proceeding involving the rates of any telephone or telegraph carrier, the State commissions of the States affected thereby will be notified immediately thereof by the Federal Commission, and each notice given a State commission will advise such commission that, if it deems the proceeding one which should be considered under the cooperative provisions of the Act, it should either directly or through the National Association of Railroad and Utilities Commissioners, notify the Federal Commission as to the nature of its interest in said matter and request a conference, the creation of a joint board, or a joint hearing as may be desired, indicating its preference and the reasons therefor. Upon receipt of such request the Federal Commission will consider the same and may confer with the commission making the request and with other interested commission, or with representatives of the National Association of Railroad and Utilities Commissioners, in such manner as may be most suitable; and if cooperation shall appear to be practicable and desirable, shall so advise each interested State commission, directly, when such cooperation will be by joint conference or by reference to a joint board appointed under said sec. 410 (a), and, as hereinafter provided, when such cooperation will be by a joint hearing under said sec. 410(b). Each State commission should in like manner notify the Federal Commission of any proceeding instituted before it involving the toll telephone rates or the telegraph rates of any carrier subject to the jurisdiction of the Federal Commission. procedure governing joint conferences The Federal Commission, in accordance with the indicated procedure, will confer with any State commission regarding any matter relating to the regulation of public utilities subject to the jurisdiction of either commission. The commission desiring a conference upon any such matter should notify the other without delay, and thereupon the Federal Commission will promptly arrange for a conference in which all interested State commissions will be invited to be present. procedure governing matters referred to a board Whenever the Federal Commission, either upon its own motion or upon the suggestion of a State commission, or at the request of any interested party, shall determine that it is desirable to refer a matter arising in the administration of the Communications Act of 1934 to a board to be composed of a member or members from the State or States affected or to be affected by such matter, the procedure shall be as follows: The Federal Commission will send a request to each interested State commission to nominate a specified number of members to serve on such board. The representation of each State concerned shall be equal, unless one or more of the States affected chooses to waive such right of equal representation. When the member or members of any board have been nominated and appointed, in accordance with the provisions of the Communications Act of 1934, the Federal Commission will make an order referring the particular matter to such board, and such order shall fix the time and place of hearing, define the force and effect the action of the board shall have, and the manner in which its proceedings shall be conducted. The rules of practice and procedure, as from time to time adopted or prescribed by the Federal Commission, shall govern such board, as far as applicable. procedure governing joint hearings Whenever the Federal Commission, either upon its own motion or upon suggestions made by or on behalf of any interested State commission or commissions, shall determine that a joint hearing under said sec. 410(b) is desirable in connection with any matter pending before said Federal Commission, the procedure shall be as follows: ( a ) The Federal Commission will notify the general solicitor of the National Association of Railroad and Utilities Commissioners that said Association, or, if not more than eight States are within the territory affected by the proceeding, the State commissions interested, are invited to name Cooperating Commissioners to sit with the Federal Commission for the hearing and consideration of said proceeding. ( b ) Upon receipt of any notice from said Federal Commission inviting cooperation, if not more than eight States are involved, the general solicitor shall at once advise the State commissions of said States, they being represented in the membership of the association, of the receipt of such notice, and shall request each such commission to give advice to him in writing, before a date to be indicated by him in his communication requesting such advice ( 1 ) whether such commission will cooperate in said proceeding, ( 2 ) if it will, by what commissioner it will be represented therein. ( c ) Upon the basis of replies received, the general solicitor shall advise the Federal Commission what States, if any, are desirous of making the proceeding cooperative and by what commissioners they will be represented, and he shall give like advice to each State commission interested therein. ( d ) ( 1 ) If more than eight States are interested in the proceeding, because within territory for which rates will be under consideration therein, the general solicitor shall advise the president of the association that the association is invited to name a cooperating committee of State commissioners representing the States interested in said proceeding. ( 2 ) The president of the association shall have the authority to accept or to decline said invitation for the association, and to determine the number of commissioners who shall be named on the cooperating committee, provided that his action shall be concurred in by the chairperson of the association's executive committee. In the event of any failure of the president of the association and chairperson of its executive committee to agree, the second vice president of the association (or the chairperson of its committee on cooperation between State and Federal commissions, if there shall be no second vice president) shall be consulted, and the majority opinion of the three shall prevail. Consultations and expressions of opinion may be by mail or telegraph. ( e ) If any proceeding, involving more than eight States, is pending before the Federal Commission, in which cooperation has not been invited by that Commission, which the association's president and the first and second vice presidents, or any two of them, consider should be made a cooperating proceeding, they may instruct the general solicitor to suggest to the Federal Commission that the proceeding be made a cooperative proceeding; and any State commission considering that said proceeding should be made cooperative may request the president of the association or the chairperson of its executive committee to make such suggestion after consideration with the executive officers above named. If said Federal Commission shall assent to the suggestion, made as aforesaid, the president of the association shall have the same authority to proceed, and shall proceed in the appointment of a cooperating committee, as is provided in other cases involving more than eight States, wherein the Federal Commission has invited cooperation, and the invitation has been accepted. ( f ) Whenever any case is pending before the Federal Commission involving eight States or less, which a commission of any of said States considers should be made cooperative, such commission, either directly or through the general solicitor of the association, may suggest to the Federal Commission that the proceeding be made cooperative. If said Federal Commission accedes to such suggestion, it will notify the general solicitor of the association to that effect and thereupon the general solicitor shall proceed as is provided in such case when the invitation has been made by the Federal Commission without State commission suggestion. appointment of cooperating commissioners by the president In the appointment of any cooperating committee, the president of the association shall make appointments only from commissions of the States interested in the particular proceeding in which the committee is to serve. He shall exercise his best judgment to select cooperating commissioners who are especially qualified to serve upon cooperating committees by reason of their ability and fitness; and in no case shall he appoint a commissioner upon a cooperating committee until he shall have been advised by such commissioner that it will be practicable for him to attend the hearings in the proceeding in which the committee is to serve, including the arguments therein, and the cooperative conferences, which may be held following the submission of the proceeding, to an extent that will reasonably enable him to be informed upon the issues in the proceeding and to form a reasonable judgment in the matters to be determined. tenure of cooperators ( a ) No State commissioner shall sit in a cooperative proceeding under this plan except a commissioner who has been selected by his commission to represent it in a proceeding involving eight States or less, or has been selected by the president of the association to sit in a case involving more than eight States, in the manner hereinbefore provided. ( b ) A commissioner who has been selected, as hereinbefore provided, to serve as a member of a cooperating committee in any proceeding, shall without further appointment, and without regard to the duration of time involved, continue to serve in said proceeding until the final disposition thereof, including hearings and conferences after any order or reopening, provided that he shall continue to be a State commissioner. ( c ) No member of a cooperating committee shall have any right or authority to designate another commissioner to serve in his place at any hearing or conference in any proceeding in which he has been appointed to serve. ( d ) Should a vacancy occur upon any cooperating committee, in a proceeding involving more than eight States, by reason of the death of any cooperating commissioner, or of his ceasing to be a State commissioner, or of other inability to serve, it shall be the duty of the president of the association to fill the vacancy by appointment, if, after communication with the chairperson of the cooperating committee, it be deemed necessary to fill such vacancy. ( e ) In the event of any such vacancy occurring upon a cooperating committee involving not more than eight States, the vacancy shall be filled by the commission from which the vacancy occurs. cooperating committee to determine respecting any report of statement of its attitude ( a ) Whenever a cooperating committee shall have concluded its work, or shall deem such course advisable, the committee shall consider whether it is necessary and desirable to make a report to the interested State commissions, and, if it shall determine to make a report, it shall cause the same to be distributed through the secretary of the association, or through the general solicitor to all interested commissions. ( b ) If a report of the Federal Commission will accompany any order to be made in said proceeding, the Federal Commission will state therein the concurrence or nonconcurrence of said cooperating committee in the decision or order of said Federal Commission. construction hereof in certain respects expressly provided It is understood and provided that no State or States shall be deprived of the right of participation and cooperation as hereinbefore provided because of nonmembership in the association. With respect to any such State or States, all negotiations herein specified to be carried on between the Federal Commission and any officer of such association shall be conducted by the Federal Commission directly with the chairperson of the commission of such State or States. [ 28 FR 12462 , Nov. 22, 1963, as amended at 29 FR 4801 , Apr. 4, 1964; 88 FR 21438 , Apr. 10, 2023] Appendix B to Part 1—Nationwide Programmatic Agreement for the Collocation of Wireless Antennas Second Amendment to NATIONWIDE PROGRAMMATIC AGREEMENT For the COLLOCATION OF WIRELESS ANTENNAS Executed by The FEDERAL COMMUNICATIONS COMMISSION, The NATIONAL CONFERENCE OF STATE HISTORIC PRESERVATION OFFICERS and The ADVISORY COUNCIL ON HISTORIC PRESERVATION WHEREAS, the Federal Communications Commission (FCC), the Advisory Council on Historic Preservation (the Council) and the National Conference of State Historic Preservation Officers (NCSHPO) executed this Nationwide Collocation Programmatic Agreement on March 16, 2001 in accordance with 36 CFR Section 800.14(b) to address the Section 106 review process as it applies to the collocation of antennas; and, WHEREAS, the FCC encourages collocation of antennas where technically and economically feasible, in order to reduce the need for new tower construction; and in its Wireless Infrastructure Report and Order, WT Docket No. 13-238, et al, released October 21, 2014, adopted initial measures to update and tailor the manner in which it evaluates the impact of proposed deployments on the environment and historic properties and committed to expeditiously conclude a program alternative to implement additional improvements in the Section 106 review process for small deployments that, because of their characteristics, are likely to have minimal and not adverse effects on historic properties; and, WHEREAS, the Middle Class Tax Relief and Job Creation Act of 2012 (Title VI—Public Safety Communications and Electromagnetic Spectrum Auctions, Middle Class Tax Relief and Job Creation Act of 2012, Public Law 112-96 , 126 Stat. 156 (2012)) was adopted with the goal of advancing wireless broadband services, and the amended provisions in this Agreement further that goal; and, WHEREAS, advances in wireless technologies since 2001 have produced systems that use smaller antennas and compact radio equipment, including those used in Distributed Antenna Systems (DAS) and small cell systems, which are a fraction of the size of traditional cell tower deployments and can be installed on utility poles, buildings, and other existing structures as collocations; and, WHEREAS, the parties to this Collocation Agreement have taken into account new technologies involving use of small antennas that may often be collocated on utility poles, buildings, and other existing structures and increase the likelihood that such collocations will have minimal and not adverse effects on historic properties, and rapid deployment of such infrastructure may help meet the surging demand for wireless services, expand broadband access, support innovation and wireless opportunity, and enhance public safety—all to the benefit of consumers and the communities in which they live; and, WHEREAS, the FCC, the Council, and NCSHPO have agreed that these new measures should be incorporated into this Collocation Agreement to better manage the Section 106 consultation process and streamline reviews for collocation of antennas; and, WHEREAS, the FCC, the Council, and NCSHPO have crafted these new measures with the goal of promoting technological neutrality, with the goal of obviating the need for further amendments in the future as technologies evolve; and, WHEREAS, notwithstanding the intent to draft provisions in a manner that obviates the need for future amendments, in light of the public benefits associated with rapid deployment of the facilities required to provide broadband wireless services, the FCC, the Council, and NCSHPO have agreed that changes in technology and other factors relating to the placement and operation of wireless antennas and associated equipment may necessitate further amendments to this Collocation Agreement in the future; and, WHEREAS, the FCC, the Council, and NCSHPO have agreed that with respect to the amendments involving the use of small antennas, such amendments affect only the FCC's review process under Section 106 of the NHPA, and will not limit State and local governments' authority to enforce their own historic preservation requirements consistent with Section 332(c)(7) of the Communications Act and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012; and, WHEREAS, the FCC, the Council, and NCSHPO acknowledge that federally recognized Indian tribes (Indian tribes), Native Hawaiian Organizations (NHOs), SHPO/THPOs, local governments, and members of the public make important contributions to the Section 106 review process, in accordance with Section 800.2(c) & (d) of the Council's rules, and note that the procedures for appropriate public notification and participation in connection with the Section 106 process are set forth the Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process (NPA); and, WHEREAS, the parties hereto agree that the amended procedures described in this amendment to the Collocation Agreement are, with regard to collocations as defined herein, a proper substitute for the FCC's compliance with the Council's rules, in accordance and consistent with Section 106 of the National Historic Preservation Act and its implementing regulations found at 36 CFR part 800 ; and, WHEREAS, the FCC sought comment from Indian tribes and Native Hawaiian Organizations regarding the terms of this amendment to the Collocation Agreement by letters dated April 17, 2015, July 28, 2015, and May 12, 2016, as well as during face-to-face meetings and conference calls, including during the Section 106 Summit in conjunction with the 2015 annual conference of the National Association of Tribal Historic Preservation Officers (NATHPO); and, WHEREAS, the terms of this amendment to the Collocation Agreement do not apply on “tribal lands” as defined under Section 800.16(x) of the Council's regulations, 36 CFR 800.16(x) (“Tribal lands means all lands within the exterior boundaries of any Indian reservation and all dependent Indian communities.”); and, WHEREAS, the terms of this amendment to the Collocation Agreement do not preclude Indian tribes or NHOs from consulting directly with the FCC or its licensees, tower companies and applicants for antenna licenses when collocation activities off tribal lands may affect historic properties of religious and cultural significance to Indian tribes or NHOs; and, WHEREAS, the execution and implementation of this amendment to the Collocation Agreement will not preclude members of the public from filing complaints with the FCC or the Council regarding adverse effects on historic properties from any existing tower or any activity covered under the terms of this Collocation Agreement; NOW THEREFORE, in accordance with Stipulation XI (as renumbered by this amendment), the FCC, the Council, and NCSHPO agree to amend the Collocation Agreement to read as follows: NATIONWIDE PROGRAMMATIC AGREEMENT For the COLLOCATION OF WIRELESS ANTENNAS Executed by The FEDERAL COMMUNICATIONS COMMISSION, The NATIONAL CONFERENCE OF STATE HISTORIC PRESERVATION OFFICERS and The ADVISORY COUNCIL ON HISTORIC PRESERVATION WHEREAS, the Federal Communications Commission (FCC) establishes rules and procedures for the licensing of wireless communications facilities in the United States and its Possessions and Territories; and, WHEREAS, the FCC has largely deregulated the review of applications for the construction of individual wireless communications facilities and, under this framework, applicants are required to prepare an Environmental Assessment (EA) in cases where the applicant determines that the proposed facility falls within one of certain environmental categories described in the FCC's rules ( 47 CFR 1.1307 ), including situations which may affect historical sites listed or eligible for listing in the National Register of Historic Places (“National Register”); and, WHEREAS, Section 106 of the National Historic Preservation Act ( 54 U.S.C. 300101 et seq. ) (“the Act”) requires federal agencies to take into account the effects of their undertakings on historic properties and to afford the Advisory Council on Historic Preservation (Council) a reasonable opportunity to comment; and, WHEREAS, Section 800.14(b) of the Council's regulations, “Protection of Historic Properties” ( 36 CFR 800.14(b) ), allows for programmatic agreements to streamline and tailor the Section 106 review process to particular federal programs; and, WHEREAS, in August 2000, the Council established a Telecommunications Working Group to provide a forum for the FCC, Industry representatives, State Historic Preservation Officers (SHPOs) and Tribal Historic Preservation Officers (THPOs), and the Council to discuss improved coordination of Section 106 compliance regarding wireless communications projects affecting historic properties; and, WHEREAS, the FCC, the Council and the Working Group have developed this Collocation Programmatic Agreement in accordance with 36 CFR 800.14(b) to address the Section 106 review process as it applies to the collocation of antennas (collocation being defined in Stipulation I.B below); and, WHEREAS, the FCC encourages collocation of antennas where technically and economically feasible, in order to reduce the need for new tower construction; and, WHEREAS, the parties hereto agree that the effects on historic properties of collocations of antennas on towers, buildings and structures are likely to be minimal and not adverse, and that in the cases where an adverse effect might occur, the procedures provided and referred to herein are proper and sufficient, consistent with Section 106, to assure that the FCC will take such effects into account; and, WHEREAS, the execution of this Nationwide Collocation Programmatic Agreement will streamline the Section 106 review of collocation proposals and thereby reduce the need for the construction of new towers, thereby reducing potential effects on historic properties that would otherwise result from the construction of those unnecessary new towers; and, WHEREAS, the FCC and the Council have agreed that these measures should be incorporated into a Nationwide Programmatic Agreement to better manage the Section 106 consultation process and streamline reviews for collocation of antennas; and, WHEREAS, since collocations reduce both the need for new tower construction and the potential for adverse effects on historic properties, the parties hereto agree that the terms of this Agreement should be interpreted and implemented wherever possible in ways that encourage collocation; and, WHEREAS, the parties hereto agree that the procedures described in this Agreement are, with regard to collocations as defined herein, a proper substitute for the FCC's compliance with the Council's rules, in accordance and consistent with Section 106 of the National Historic Preservation Act and its implementing regulations found at 36 CFR part 800 ; and, WHEREAS, the FCC has consulted with the National Conference of State Historic Preservation Officers (NCSHPO) and requested the President of NCSHPO to sign this Nationwide Collocation Programmatic Agreement in accordance with 36 CFR 800.14(b)(2)(iii) ; and, WHEREAS, the FCC sought comment from Indian tribes and Native Hawaiian Organizations (NHOs) regarding the terms of this Nationwide Programmatic Agreement by letters of January 11, 2001 and February 8, 2001; and, WHEREAS, the terms of this Programmatic Agreement do not apply on “tribal lands” as defined under Section 800.16(x) of the Council's regulations, 36 CFR 800.16(x) (“Tribal lands means all lands within the exterior boundaries of any Indian reservation and all dependent Indian communities.”); and, WHEREAS, the terms of this Programmatic Agreement do not preclude Indian tribes or Native Hawaiian Organizations from consulting directly with the FCC or its licensees, tower companies and applicants for antenna licenses when collocation activities off tribal lands may affect historic properties of religious and cultural significance to Indian tribes or Native Hawaiian organizations; and, WHEREAS, the execution and implementation of this Nationwide Collocation Programmatic Agreement will not preclude Indian tribes or NHOs, SHPO/THPOs, local governments, or members of the public from filing complaints with the FCC or the Council regarding adverse effects on historic properties from any existing tower or any activity covered under the terms of this Programmatic Agreement. NOW, THEREFORE, the FCC, the Council, and NCSHPO agree that the FCC will meet its Section 106 compliance responsibilities for the collocation of antennas as follows. STIPULATIONS The FCC, in coordination with licensees, tower companies, applicants for antenna licenses, and others deemed appropriate by the FCC, will ensure that the following measures are carried out. I. DEFINITIONS For purposes of this Nationwide Programmatic Agreement, the following definitions apply. A . “Antenna” means an apparatus designed for the purpose of emitting radio frequency (“RF”) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the transmission of writing, signs, signals, data, images, pictures, and sounds of all kinds, including the transmitting device and any on-site equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with that antenna and added to a Tower, structure, or building as part of the original installation of the antenna. For purposes of this Agreement, the term Antenna does not include unintentional radiators, mobile stations, or devices authorized under Part 15 of the FCC's rules. B . “Collocation” means the mounting or installation of an antenna on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, whether or not there is an existing antenna on the structure. C . “NPA” is the Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process ( 47 CFR part 1 , App. C). D . “Tower” is any structure built for the sole or primary purpose of supporting FCC-licensed antennas and their associated facilities. E . “Substantial increase in the size of the tower” means: ( 1 ) The mounting of the proposed antenna on the tower would increase the existing height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to avoid interference with existing antennas; or ( 2 ) The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter; or ( 3 ) The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or ( 4 ) The mounting of the proposed antenna would expand the boundaries of the current tower site by more than 30 feet in any direction or involve excavation outside these expanded boundaries. The current tower site is defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site. II. APPLICABILITY A . This Nationwide Collocation Programmatic Agreement applies only to the collocation of antennas as defined in Stipulations I.A and I.B, above. B . This Nationwide Collocation Programmatic Agreement does not cover any Section 106 responsibilities that federal agencies other than the FCC may have with regard to the collocation of antennas. III. COLLOCATION OF ANTENNAS ON TOWERS CONSTRUCTED ON OR BEFORE MARCH 16, 2001 A . An antenna may be mounted on an existing tower constructed on or before March 16, 2001 without such collocation being reviewed through the Section 106 process set forth in the NPA, unless: 1 . The mounting of the antenna will result in a substantial increase in the size of the tower as defined in Stipulation I.E, above; or, 2 . The tower has been determined by the FCC to have an adverse effect on one or more historic properties, where such effect has not been avoided or mitigated through a conditional no adverse effect determination, a Memorandum of Agreement, a programmatic agreement, or a finding of compliance with Section 106 and the NPA; or, 3 . The tower is the subject of a pending environmental review or related proceeding before the FCC involving compliance with Section 106 of the National Historic Preservation Act; or, 4 . The collocation licensee or the owner of the tower has received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, an Indian Tribe, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties. Any such complaint must be in writing and supported by substantial evidence describing how the effect from the collocation is adverse to the attributes that qualify any affected historic property for eligibility or potential eligibility for the National Register. IV. COLLOCATION OF ANTENNAS ON TOWERS CONSTRUCTED AFTER MARCH 16, 2001 A . An antenna may be mounted on an existing tower constructed after March 16, 2001 without such collocation being reviewed through the Section 106 process set forth in the NPA, unless: 1 . The Section 106 review process for the existing tower set forth in 36 CFR part 800 (including any applicable program alternative approved by the Council pursuant to 36 CFR 800.14 ) and any associated environmental reviews required by the FCC have not been completed; or, 2 . The mounting of the new antenna will result in a substantial increase in the size of the tower as defined in Stipulation I.E, above; or, 3 . The tower as built or proposed has been determined by the FCC to have an adverse effect on one or more historic properties, where such effect has not been avoided or mitigated through a conditional no adverse effect determination, a Memorandum of Agreement, a Programmatic Agreement, or otherwise in compliance with Section 106 and the NPA; or, 4 . The collocation licensee or the owner of the tower has received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, an Indian Tribe, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties. Any such complaint must be in writing and supported by substantial evidence describing how the effect from the collocation is adverse to the attributes that qualify any affected historic property for eligibility or potential eligibility for the National Register. V. COLLOCATION OF ANTENNAS ON BUILDINGS AND NON-TOWER STRUCTURES A . An antenna may be mounted on a building or non-tower structure without such collocation being reviewed through the Section 106 process set forth in the NPA, unless: 1 . The building or structure is over 45 years old, and the collocation does not meet the criteria established in Stipulation VI herein for collocations of small antennas; [ 1 ] or, 2 . The building or structure is inside the boundary of a historic district, or if the antenna is visible from the ground level of a historic district, the building or structure is within 250 feet of the boundary of the historic district, and the collocation does not meet the criteria established in Stipulation VII herein for collocations of small or minimally visible antennas; or, 3 . The building or non-tower structure is a designated National Historic Landmark, or listed in or eligible for listing in the National Register of Historic Places based upon the review of the FCC, licensee, tower company or applicant for an antenna license, and the collocation does not meet the criteria established in Stipulation VII herein for collocations of small or minimally visible antennas; or, 4 . The collocation licensee or the owner of the building or non-tower structure has received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, an Indian Tribe, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties. Any such complaint must be in writing and supported by substantial evidence describing how the effect from the collocation is adverse to the attributes that qualify any affected historic property for eligibility or potential eligibility for the National Register. B . An antenna (including associated equipment included in the definition of Antenna in Stipulation I.A.) may be mounted in the interior of a building, regardless of the building's age or location in a historic district and regardless of the antenna's size, without such collocation being reviewed through the Section 106 process set forth in the NPA, unless: ( 1 ) The building is a designated National Historic Landmark, or listed in or eligible for listing in the National Register of Historic Places; or, ( 2 ) The collocation licensee or the owner of the building has received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, an Indian Tribe, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties. Any such complaint must be in writing and supported by substantial evidence describing how the effect from the collocation is adverse to the attributes that qualify any affected historic property for eligibility or potential eligibility for the National Register. C . Subsequent to the collocation of an antenna, should the SHPO/THPO or Council determine that the collocation of the antenna or its associated equipment installed under the terms of Stipulation V has resulted in an adverse effect on historic properties, the SHPO/THPO or Council may notify the FCC accordingly. The FCC shall comply with the requirements of Section 106 and the NPA for this particular collocation. VI. ADDITIONAL EXCLUSION FOR COLLOCATION OF SMALL WIRELESS ANTENNAS AND ASSOCIATED EQUIPMENT ON BUILDINGS AND NON-TOWER STRUCTURES THAT ARE OUTSIDE OF HISTORIC DISTRICTS AND ARE NOT HISTORIC PROPERTIES A . A small wireless antenna (including associated equipment included in the definition of Antenna in Stipulation I.A.) may be mounted on an existing building or non-tower structure or in the interior of a building regardless of the building's or structure's age without such collocation being reviewed through the Section 106 process set forth in the NPA unless: 1 . The building or structure is inside the boundary of a historic district, or if the antenna is visible from the ground level of a historic district, the building or structure is within 250 feet of the boundary of the historic district, and the collocation does not meet the criteria established in Stipulation VII herein for collocations of small or minimally visible antennas; or, 2 . The building or non-tower structure is a designated National Historic Landmark; or, 3 . The building or non-tower structure is listed in or eligible for listing in the National Register of Historic Places, and the collocation does not meet the criteria established in Stipulation VII herein for collocations of small or minimally visible antennas; or, 4 . The collocation licensee or the owner of the building or non-tower structure has received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, an Indian Tribe, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties. Any such complaint must be in writing and supported by substantial evidence describing how the effect from the collocation is adverse to the attributes that qualify any affected historic property for eligibility or potential eligibility for the National Register; or, 5 . The antennas and associated equipment exceed the volume limits specified below: a . Each individual antenna, excluding the associated equipment (as defined in the definition of Antenna in Stipulation I.A.), that is part of the collocation must fit within an enclosure (or if the antenna is exposed, within an imaginary enclosure, i.e., one that would be the correct size to contain the equipment) that is individually no more than three cubic feet in volume, and all antennas on the structure, including any pre-existing antennas on the structure, must in aggregate fit within enclosures (or if the antennas are exposed, within imaginary enclosures, i.e., ones that would be the correct size to contain the equipment) that total no more than six cubic feet in volume; and, b . All other wireless equipment associated with the structure, including pre-existing enclosures and including equipment on the ground associated with antennas on the structure, but excluding cable runs for the connection of power and other services, may not cumulatively exceed: i . 28 cubic feet for collocations on all non-pole structures (including but not limited to buildings and water tanks) that can support fewer than 3 providers; or, ii . 21 cubic feet for collocations on all pole structures (including but not limited to light poles, traffic signal poles, and utility poles) that can support fewer than 3 providers; or, iii . 35 cubic feet for non-pole collocations that can support at least 3 providers; or, iv . 28 cubic feet for pole collocations that can support at least 3 providers; or, 6 . The depth and width of any proposed ground disturbance associated with the collocation exceeds the depth and width of any previous ground disturbance (including footings and other anchoring mechanisms). Up to four lightning grounding rods of no more than three-quarters of an inch in diameter may be installed per project regardless of the extent of previous ground disturbance. B . The volume of any deployed equipment that is not visible from public spaces at the ground level from 250 feet or less may be omitted from the calculation of volumetric limits cited in this Section. C . Subsequent to the collocation of an antenna, should the SHPO/THPO or Council determine that the collocation of the antenna or its associated equipment installed under the terms of Stipulation VI has resulted in an adverse effect on historic properties, the SHPO/THPO or Council may notify the FCC accordingly. The FCC shall comply with the requirements of Section 106 and the NPA for this particular collocation. VII. ADDITIONAL EXCLUSIONS FOR COLLOCATION OF SMALL OR MINIMALLY VISIBLE WIRELESS ANTENNAS AND ASSOCIATED EQUIPMENT IN HISTORIC DISTRICTS OR ON HISTORIC PROPERTIES A . A small antenna (including associated equipment included in the definition of Antenna in Stipulation I.A.) may be mounted on a building or non-tower structure or in the interior of a building that is ( 1 ) a historic property (including a property listed in or eligible for listing in the National Register of Historic Places) or ( 2 ) inside or within 250 feet of the boundary of a historic district without being reviewed through the Section 106 process set forth in the NPA, provided that: 1 . The property on which the equipment will be deployed is not a designated National Historic Landmark. 2 . The antenna or antenna enclosure (including any existing antenna), excluding associated equipment, is the only equipment that is visible from the ground level, or from public spaces within the building (if the antenna is mounted in the interior of a building), and provided that the following conditions are met: a . No other antennas on the building or non-tower structure are visible from the ground level, or from public spaces within the building (for an antenna mounted in the interior of a building); b . The antenna that is part of the collocation fits within an enclosure (or if the antenna is exposed, within an imaginary enclosure i.e., one that would be the correct size to contain the equipment) that is no more than three cubic feet in volume; and, c . The antenna is installed using stealth techniques that match or complement the structure on which or within which it is deployed; 3 . The antenna's associated equipment is not visible from: a . The ground level anywhere in a historic district (if the antenna is located inside or within 250 feet of the boundary of a historic district); or, b . Immediately adjacent streets or public spaces at ground level (if the antenna is on a historic property that is not in a historic district); or, c . Public spaces within the building (if the antenna is mounted in the interior of a building). 4 . The facilities (including antenna(s) and associated equipment identified in the definition of Antenna in Stipulation I.A.) are installed in a way that does not damage historic materials and permits removal of such facilities without damaging historic materials; 5 . The depth and width of any proposed ground disturbance associated with the collocation does not exceed the depth and width of any previous ground disturbance (including footings and other anchoring mechanisms). Up to four lightning grounding rods of no more than three-quarters of an inch in diameter may be installed per project, regardless of the extent of previous ground disturbance; and 6 . The collocation licensee or the owner of the building or non-tower structure has not received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, an Indian Tribe, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties. Any such complaint must be in writing and supported by substantial evidence describing how the effect from the collocation is adverse to the attributes that qualify any affected historic property for eligibility or potential eligibility for the National Register. B . A small antenna (including associated equipment included in the definition of Antenna in Stipulation I.A.) may be mounted on a utility pole or electric transmission tower (but not including light poles, lamp posts, and other structures whose primary purpose is to provide public lighting) that is in active use by a utility company (as defined in Section 224 of the Communications Act) or by a cooperatively-owned, municipal, or other governmental agency and is either: ( 1 ) A historic property (including a property listed in or eligible for listing in the National Register of Historic Places); ( 2 ) located on a historic property (including a property listed in or eligible for listing in the National Register of Historic Places); or ( 3 ) located inside or within 250 feet of the boundary of a historic district, without being reviewed through the Section 106 process set forth in the NPA, provided that: 1 . The utility pole or electric transmission tower on which the equipment will be deployed is not located on a designated National Historic Landmark; 2 . The antenna, excluding the associated equipment, fits within an enclosure (or if the antenna is exposed, within an imaginary enclosure, i.e., one that would be the correct size to contain the equipment) that is no more than three cubic feet in volume, with a cumulative limit of 6 cubic feet if there is more than one antenna/antenna enclosure on the structure; 3 . The wireless equipment associated with the antenna and any pre-existing antennas and associated equipment on the structure, but excluding cable runs for the connection of power and other services, are cumulatively no more than 21 cubic feet in volume; 4 . The depth and width of any proposed ground disturbance associated with the collocation does not exceed the depth and width of any previous ground disturbance (including footings and other anchoring mechanisms). Up to four lightning grounding rods of no more than three-quarters of an inch in diameter may be installed per project, regardless of the extent of previous ground disturbance; and 5 . The collocation licensee or the owner of the utility pole or electric transmission tower has not received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, an Indian Tribe, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties. Any such complaint must be in writing and supported by substantial evidence describing how the effect from the collocation is adverse to the attributes that qualify any affected historic property for eligibility or potential eligibility for the National Register. C . Proposals to mount a small antenna on a traffic control structure ( i.e., traffic light) or on a light pole, lamp post or other structure whose primary purpose is to provide public lighting, where the structure is located inside or within 250 feet of the boundary of a historic district, are generally subject to review through the Section 106 process set forth in the NPA. These proposed collocations will be excluded from such review on a case-by-case basis, if ( 1 ) the collocation licensee or the owner of the structure has not received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, an Indian Tribe, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties; and ( 2 ) the structure is not historic (not a designated National Historic Landmark or a property listed in or eligible for listing in the National Register of Historic Places) or considered a contributing or compatible element within the historic district, under the following procedures: 1 . The applicant must request in writing that the SHPO concur with the applicant's determination that the structure is not a contributing or compatible element within the historic district. 2 . The applicant's written request must specify the traffic control structure, light pole, or lamp post on which the applicant proposes to collocate and explain why the structure is not a contributing element based on the age and type of structure, as well as other relevant factors. 3 . The SHPO has thirty days from its receipt of such written notice to inform the applicant whether it disagrees with the applicant's determination that the structure is not a contributing or compatible element within the historic district. 4 . If within the thirty-day period, the SHPO informs the applicant that the structure is a contributing element or compatible element within the historic district or that the applicant has not provided sufficient information for a determination, the applicant may not deploy its facilities on that structure without completing the Section 106 review process. 5 . If, within the thirty day period, the SHPO either informs the applicant that the structure is not a contributing or compatible element within the historic district, or the SHPO fails to respond to the applicant within the thirty-day period, the applicant has no further Section 106 review obligations, provided that the collocation meets the following requirements: a . The antenna, excluding the associated equipment, fits within an enclosure (or if the antenna is exposed, within an imaginary enclosure, i.e., one that would be the correct size to contain the equipment) that is no more than three cubic feet in volume, with a cumulative limit of 6 cubic feet if there is more than one antenna/antenna enclosure on the structure; b . The wireless equipment associated with the antenna and any pre-existing antennas and associated equipment on the structure, but excluding cable runs for the connection of power and other services, are cumulatively no more than 21 cubic feet in volume; and, c . The depth and width of any proposed ground disturbance associated with the collocation does not exceed the depth and width of any previous ground disturbance (including footings and other anchoring mechanisms). Up to four lightning grounding rods of no more than three-quarters of an inch in diameter may be installed per project, regardless of the extent of previous ground disturbance. D . A small antenna mounted inside a building or non-tower structure and subject to the provisions of this Stipulation VII is to be installed in a way that does not damage historic materials and permits removal of such facilities without damaging historic materials. E . Subsequent to the collocation of an antenna, should the SHPO/THPO or Council determine that the collocation of the antenna or its associated equipment installed under the terms of Stipulation VII has resulted in an adverse effect on historic properties, the SHPO/THPO or Council may notify the FCC accordingly. The FCC shall comply with the requirements of Section 106 and the NPA for this particular collocation. VIII. REPLACEMENTS OF SMALL WIRELESS ANTENNAS AND ASSOCIATED EQUIPMENT A . An existing small antenna that is mounted on a building or non-tower structure or in the interior of a building that is ( 1 ) a historic property (including a designated National Historic Landmark or a property listed in or eligible for listing in the National Register of Historic Places); ( 2 ) inside or within 250 feet of the boundary of a historic district; or ( 3 ) located on or inside a building or non-tower structure that is over 45 years of age, regardless of visibility, may be replaced without being reviewed through the Section 106 process set forth in the NPA, provided that: 1 . The antenna deployment being replaced has undergone Section 106 review, unless either ( a ) such review was not required at the time that the antenna being replaced was installed, or ( b ) for deployments on towers, review is not required pursuant to Stipulation III above. 2 . The facility is a replacement for an existing facility, and it does not exceed the greater of: a . The size of the existing antenna/antenna enclosure and associated equipment that is being replaced; or, b . The following limits for the antenna and its associated equipment: i . The antenna, excluding the associated equipment, fits within an enclosure (or if the antenna is exposed, within an imaginary enclosure, i.e., one that would be the correct size to contain the equipment) that is no more than three cubic feet in volume, with a cumulative limit of 6 cubic feet if there is more than one antenna/antenna enclosure on the structure; and, ii . The wireless equipment associated with the antenna and any pre-existing antennas and associated equipment on the structure, but excluding cable runs for the connection of power and other services, are cumulatively no more than 21 cubic feet in volume; and, 3 . The replacement of the facilities (including antenna(s) and associated equipment as defined in Stipulation I.A.) does not damage historic materials and permits removal of such facilities without damaging historic materials; and, 4 . The depth and width of any proposed ground disturbance associated with the collocation does not exceed the depth and width of any previous ground disturbance (including footings and other anchoring mechanisms). Up to four lightning grounding rods of no more than three-quarters of an inch in diameter may be installed per project, regardless of the extent of previous ground disturbance. B . A small antenna mounted inside a building or non-tower structure and subject to the provisions of this Stipulation VIII is to be installed in a way that does not damage historic materials and permits removal of such facilities without damaging historic materials. IX. RESERVATION OF RIGHTS Neither execution of this Agreement, nor implementation of or compliance with any term herein shall operate in any way as a waiver by any party hereto, or by any person or entity complying herewith or affected hereby, of a right to assert in any court of law any claim, argument or defense regarding the validity or interpretation of any provision of the National Historic Preservation Act ( 54 U.S.C. 300101 et seq. ) or its implementing regulations contained in 36 CFR part 800 . X. MONITORING A . FCC licensees shall retain records of the placement of all licensed antennas, including collocations subject to this Nationwide Programmatic Agreement, consistent with FCC rules and procedures. B . The Council will forward to the FCC and the relevant SHPO any written objections it receives from members of the public regarding a collocation activity or general compliance with the provisions of this Nationwide Programmatic Agreement within thirty (30) days following receipt of the written objection. The FCC will forward a copy of the written objection to the appropriate licensee or tower owner. C . Any member of the public may notify the FCC of concerns it has regarding the application of this Programmatic Agreement within a State or with regard to the review of individual undertakings covered or excluded under the terms of this Agreement. Comments shall be directed to the FCC's Federal Preservation Officer. The FCC will consider public comments and, following consultation with the SHPO, potentially affected Tribes, or the Council, as appropriate, take appropriate actions. The FCC shall notify the objector of the outcome of its actions. XI. AMENDMENTS If any signatory to this Nationwide Collocation Programmatic Agreement believes that this Agreement should be amended, that signatory may at any time propose amendments, whereupon the signatories will consult to consider the amendments. This agreement may be amended only upon the written concurrence of the signatories. XII. TERMINATION A . If the FCC determines, or if NCSHPO determines on behalf of its members, that it or they cannot implement the terms of this Nationwide Collocation Programmatic Agreement, or if the FCC, NCSHPO or the Council determines that the Programmatic Agreement is not being properly implemented or that the spirit of Section 106 is not being met by the parties to this Programmatic Agreement, the FCC, NCSHPO or the Council may propose to the other signatories that the Programmatic Agreement be terminated. B . The party proposing to terminate the Programmatic Agreement shall notify the other signatories in writing, explaining the reasons for the proposed termination and the particulars of the asserted improper implementation. Such party also shall afford the other signatories a reasonable period of time of no less than thirty (30) days to consult and remedy the problems resulting in improper implementation. Upon receipt of such notice, the parties shall consult with each other and notify and consult with other entities that either are involved in such implementation or would be substantially affected by termination of this Agreement, and seek alternatives to termination. Should the consultation fail to produce within the original remedy period or any extension a reasonable alternative to termination, a resolution of the stated problems, or convincing evidence of substantial implementation of this Agreement in accordance with its terms, this Programmatic Agreement shall be terminated thirty days after notice of termination is served on all parties and published in the Federal Register . C . In the event that the Programmatic Agreement is terminated, the FCC shall advise its licensees and tower owner and management companies of the termination and of the need to comply with any applicable Section 106 requirements on a case-by-case basis for collocation activities. XIII. ANNUAL MEETING OF THE SIGNATORIES The signatories to this Nationwide Collocation Programmatic Agreement will meet annually on or about the anniversary of the effective date of the NPA to discuss the effectiveness of this Agreement and the NPA, including any issues related to improper implementation, and to discuss any potential amendments that would improve the effectiveness of this Agreement. XIV. DURATION OF THE PROGRAMMATIC AGREEMENT This Programmatic Agreement for collocation shall remain in force unless the Programmatic Agreement is terminated or superseded by a comprehensive Programmatic Agreement for wireless communications antennas. Execution of this Nationwide Programmatic Agreement by the FCC, NCSHPO and the Council, and implementation of its terms, constitutes evidence that the FCC has afforded the Council an opportunity to comment on the collocation as described herein of antennas covered under the FCC's rules, and that the FCC has taken into account the effects of these collocations on historic properties in accordance with Section 106 of the National Historic Preservation Act and its implementing regulations, 36 CFR part 800 . FEDERAL COMMUNICATIONS COMMISSION Date: NATIONAL CONFERENCE OF STATE HISTORIC PRESERVATION OFFICERS Date: ADVISORY COUNCIL ON HISTORIC PRESERVATION Date: [ 85 FR 51358 , Aug. 20, 2020] Footnotes -
Appendix B to Part 1 [ 1 ] For purposes of this Agreement, suitable methods for determining the age of a building or structure include, but are not limited to: (1) Obtaining the opinion of a consultant who meets the Secretary of Interior's Professional Qualifications Standards for Historian or for Architectural Historian ( 36 CFR part 61 ); or (2) consulting public records. Appendix C to Part 1—Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission Executed by the Federal Communications Commission, the National Conference of State Historic Preservation Officers and the Advisory Council on Historic Preservation September 2004 Introduction Whereas, Section 106 of the National Historic Preservation Act of 1966, as amended (“NHPA”) (codified at 16 U.S.C. 470f ), requires federal agencies to take into account the effects of certain of their Undertakings on Historic Properties (see Section II, below), included in or eligible for inclusion in the National Register of Historic Places (“National Register”), and to afford the Advisory Council on Historic Preservation (“Council”) a reasonable opportunity to comment with regard to such Undertakings; and Whereas, under the authority granted by Congress in the Communications Act of 1934, as amended ( 47 U.S.C. 151 et seq. ), the Federal Communications Commission (“Commission”) establishes rules and procedures for the licensing of non-federal government communications services, and the registration of certain antenna structures in the United States and its Possessions and Territories; and Whereas, Congress and the Commission have deregulated or streamlined the application process regarding the construction of individual Facilities in many of the Commission's licensed services; and Whereas, under the framework established in the Commission's environmental rules, 47 CFR 1.1301-1.1319 , Commission licensees and applicants for authorizations and antenna structure registrations are required to prepare, and the Commission is required to independently review and approve, a pre-construction Environmental Assessment (“EA”) in cases where a proposed tower or antenna may significantly affect the environment, including situations where a proposed tower or antenna may affect Historic Properties that are either listed in or eligible for listing in the National Register, including properties of religious and cultural importance to an Indian tribe or Native Hawaiian organization (“NHO”) that meet the National Register criteria; and Whereas, the Council has adopted rules implementing Section 106 of the NHPA (codified at 36 CFR Part 800 ) and setting forth the process, called the “Section 106 process,” for complying with the NHPA; and Whereas, pursuant to the Commission's rules and the terms of this Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission (“Nationwide Agreement”), Applicants ( see Section II . A.2) have been authorized, consistent with the terms of the memorandum from the Council to the Commission, titled “Delegation of Authority for the Section 106 Review of Telecommunications Projects,” dated September 21, 2000, to initiate, coordinate, and assist the Commission with compliance with many aspects of the Section 106 review process for their Facilities; and Whereas, in August 2000, the Council established a Telecommunications Working Group (the “Working Group”) to provide a forum for the Commission, the Council, the National Conference of State Historic Preservation Officers (“Conference”), individual State Historic Preservation Officers (“SHPOs”), Tribal Historic Preservation Officers (“THPOs”), other tribal representatives, communications industry representatives, and other interested members of the public to discuss improved Section 106 compliance and to develop methods of streamlining the Section 106 review process; and Whereas, Section 214 of the NHPA ( 16 U.S.C. 470v ) authorizes the Council to promulgate regulations implementing exclusions from Section 106 review, and Section 800.14(b) of the Council's regulations ( 36 CFR 800.14(b) ) allows for programmatic agreements to streamline and tailor the Section 106 review process to particular federal programs, if they are consistent with the Council's regulations; and Whereas, the Commission, the Council, and the Conference executed on March 16, 2001, the Nationwide Programmatic Agreement for the Collocation of Wireless Antennas (the “Collocation Agreement”), in order to streamline review for the collocation of antennas on existing towers and other structures and thereby reduce the need for the construction of new towers (Attachment 1 to this Nationwide Agreement); and Whereas, the Council, the Conference, and the Commission now agree it is desirable to further streamline and tailor the Section 106 review process for Facilities that are not excluded from Section 106 review under the Collocation Agreement while protecting Historic Properties that are either listed in or eligible for listing in the National Register; and Whereas, the Working Group agrees that a nationwide programmatic agreement is a desirable and effective way to further streamline and tailor the Section 106 review process as it applies to Facilities; and Whereas, this Nationwide Agreement will, upon its execution by the Council, the Conference, and the Commission, constitute a substitute for the Council's rules with respect to certain Commission Undertakings; and Whereas, the Commission sought public comment on a draft of this Nationwide Agreement through a Notice of Proposed Rulemaking released on June 9, 2003; Whereas, the Commission has actively sought and received participation and comment from Indian tribes and NHOs regarding this Nationwide Agreement; and Whereas, the Commission has consulted with federally recognized Indian tribes regarding this Nationwide Agreement ( see Report and Order, FCC 04-222, at ¶ 31); and Whereas, this Nationwide Agreement provides for appropriate public notification and participation in connection with the Section 106 process; and Whereas, Section 101(d)(6) of the NHPA provides that federal agencies “shall consult with any Indian tribe or Native Hawaiian organization” that attaches religious and cultural significance to properties of traditional religious and cultural importance that may be determined to be eligible for inclusion in the National Register and that might be affected by a federal undertaking ( 16 U.S.C. 470a(d)(6) ); and Whereas, the Commission has adopted a “Statement of Policy on Establishing a Government-to-Government Relationship with Indian Tribes” dated June 23, 2000, pursuant to which the Commission: recognizes the unique legal relationship that exists between the federal government and Indian tribal governments, as reflected in the Constitution of the United States, treaties, federal statutes, Executive orders, and numerous court decisions; affirms the federal trust relationship with Indian tribes, and recognizes that this historic trust relationship requires the federal government to adhere to certain fiduciary standards in its dealings with Indian tribes; commits to working with Indian tribes on a government-to-government basis consistent with the principles of tribal self-governance; commits, in accordance with the federal government's trust responsibility, and to the extent practicable, to consult with tribal governments prior to implementing any regulatory action or policy that will significantly or uniquely affect tribal governments, their land and resources; strives to develop working relationships with tribal governments, and will endeavor to identify innovative mechanisms to facilitate tribal consultations in the Commission's regulatory processes; and endeavors to streamline its administrative process and procedures to remove undue burdens that its decisions and actions place on Indian tribes; and Whereas, the Commission does not delegate under this Programmatic Agreement any portion of its responsibilities to Indian tribes and NHOs, including its obligation to consult under Section 101(d)(6) of the NHPA; and Whereas, the terms of this Nationwide Agreement are consistent with and do not attempt to abrogate the rights of Indian tribes or NHOs to consult directly with the Commission regarding the construction of Facilities; and Whereas, the execution and implementation of this Nationwide Agreement will not preclude Indian tribes or NHOs, SHPO/THPOs, local governments, or members of the public from filing complaints with the Commission or the Council regarding effects on Historic Properties from any Facility or any activity covered under the terms of the Nationwide Agreement; and Whereas, Indian tribes and NHOs may request Council involvement in Section 106 cases that present issues of concern to Indian tribes or NHOs ( see 36 CFR Part 800, Appendix A , Section (c)(4)); and Whereas, the Commission, after consulting with federally recognized Indian tribes, has developed an electronic Tower Construction Notification System through which Indian tribes and NHOs may voluntarily identify the geographic areas in which Historic Properties to which they attach religious and cultural significance may be located, Applicants may ascertain which participating Indian tribes and NHOs have identified such an interest in the geographic area in which they propose to construct Facilities, and Applicants may voluntarily provide electronic notification of proposed Facilities construction for the Commission to forward to participating Indian tribes, NHOs, and SHPOs/THPOs; and Whereas, the Council, the Conference and the Commission recognize that Applicants' use of qualified professionals experienced with the NHPA and Section 106 can streamline the review process and minimize potential delays; and Whereas, the Commission has created a position and hired a cultural resources professional to assist with the Section 106 process; and Whereas, upon execution of this Nationwide Agreement, the Council may still provide advisory comments to the Commission regarding the coordination of Section 106 reviews; notify the Commission of concerns raised by consulting parties and the public regarding an Undertaking; and participate in the resolution of adverse effects for complex, controversial, or other non-routine projects; Now Therefore, in consideration of the above provisions and of the covenants and agreements contained herein, the Council, the Conference and the Commission (the “Parties”) agree as follows: I. Applicability and Scope of This Nationwide Agreement A . This Nationwide Agreement ( 1 ) Excludes from Section 106 review certain Undertakings involving the construction and modification of Facilities, and ( 2 ) streamlines and tailors the Section 106 review process for other Undertakings involving the construction and modification of Facilities. An illustrative list of Commission activities in relation to which Undertakings covered by this Agreement may occur is provided as Attachment 2 to this Agreement. B . This Nationwide Agreement applies only to federal Undertakings as determined by the Commission (“Undertakings”). The Commission has sole authority to determine what activities undertaken by the Commission or its Applicants constitute Undertakings within the meaning of the NHPA. Nothing in this Agreement shall preclude the Commission from revisiting or affect the existing ability of any person to challenge any prior determination of what does or does not constitute an Undertaking. Maintenance and servicing of Towers, Antennas, and associated equipment are not deemed to be Undertakings subject to Section 106 review. C . This Agreement does not apply to Antenna Collocations that are exempt from Section 106 review under the Collocation Agreement ( see Attachment 1). Pursuant to the terms of the Collocation Agreement, such Collocations shall not be subject to the Section 106 review process and shall not be submitted to the SHPO/THPO for review. This Agreement does apply to collocations that are not exempt from Section 106 review under the Collocation Agreement. D . This Agreement does not apply on “tribal lands” as defined under Section 800.16(x) of the Council's regulations, 36 CFR § 800.16(x) (“Tribal lands means all lands within the exterior boundaries of any Indian reservation and all dependent Indian communities.”). This Nationwide Agreement, however, will apply on tribal lands should a tribe, pursuant to appropriate tribal procedures and upon reasonable notice to the Council, Commission, and appropriate SHPO/THPO, elect to adopt the provisions of this Nationwide Agreement. Where a tribe that has assumed SHPO functions pursuant to Section 101(d)(2) of the NHPA ( 16 U.S.C. 470(d)(2) ) has agreed to application of this Nationwide Agreement on tribal lands, the term SHPO/THPO denotes the Tribal Historic Preservation Officer with respect to review of proposed Undertakings on those tribal lands. Where a tribe that has not assumed SHPO functions has agreed to application of this Nationwide Agreement on tribal lands, the tribe may notify the Commission of the tribe's intention to perform the duties of a SHPO/THPO, as defined in this Nationwide Agreement, for proposed Undertakings on its tribal lands, and in such instances the term SHPO/THPO denotes both the State Historic Preservation Officer and the tribe's authorized representative. In all other instances, the term SHPO/THPO denotes the State Historic Preservation Officer. E . This Nationwide Agreement governs only review of Undertakings under Section 106 of the NHPA. Applicants completing the Section 106 review process under the terms of this Nationwide Agreement may not initiate construction without completing any environmental review that is otherwise required for effects other than historic preservation under the Commission's rules ( See 47 CFR 1.1301-1.1319 ). Completion of the Section 106 review process under this Nationwide Agreement satisfies an Applicant's obligations under the Commission's rules with respect to Historic Properties, except for Undertakings that have been determined to have an adverse effect on Historic Properties and that therefore require preparation and filing of an Environmental Assessment ( See 47 CFR 1.1307(a)(4) ). F . This Nationwide Agreement does not govern any Section 106 responsibilities that agencies other than the Commission may have with respect to those agencies' federal Undertakings. II. Definitions A . The following terms are used in this Nationwide Agreement as defined below: 1 . Antenna. An apparatus designed for the purpose of emitting radio frequency (“RF”) radiation, to be operated or operating from a fixed location pursuant to Commission authorization, for the transmission of writing, signs, signals, data, images, pictures, and sounds of all kinds, including the transmitting device and any on-site equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with that antenna and added to a Tower, structure, or building as part of the original installation of the antenna. For most services, an Antenna will be mounted on or in, and is distinct from, a supporting structure such as a Tower, structure or building. However, in the case of AM broadcast stations, the entire Tower or group of Towers constitutes the Antenna for that station. For purposes of this Nationwide Agreement, the term Antenna does not include unintentional radiators, mobile stations, or devices authorized under Part 15 of the Commission's rules. 2 . Applicant. A Commission licensee, permittee, or registration holder, or an applicant or prospective applicant for a wireless or broadcast license, authorization or antenna structure registration, and the duly authorized agents, employees, and contractors of any such person or entity. 3 . Area of Potential Effects (“APE”). The geographic area or areas within which an Undertaking may directly or indirectly cause alterations in the character or use of Historic Properties, if any such properties exist. 4 . Collocation. The mounting or installation of an Antenna on an existing Tower, building, or structure for the purpose of transmitting radio frequency signals for telecommunications or broadcast purposes. 5 . Effect. An alteration to the characteristics of a Historic Property qualifying it for inclusion in or eligibility for the National Register. 6 . Experimental Authorization. An authorization issued to conduct experimentation utilizing radio waves for gathering scientific or technical operation data directed toward the improvement or extension of an established service and not intended for reception and use by the general public. “Experimental Authorization” does not include an “Experimental Broadcast Station” authorized under Part 74 of the Commission's rules. 7 . Facility. A Tower or an Antenna. The term Facility may also refer to a Tower and its associated Antenna(s). 8 . Field Survey. A research strategy that utilizes one or more visits to the area where construction is proposed as a means of identifying Historic Properties. 9 . Historic Property. Any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or NHO that meet the National Register criteria. 10 . National Register. The National Register of Historic Places, maintained by the Secretary of the Interior's office of the Keeper of the National Register. 11 . SHPO/THPO Inventory. A set of records of previously gathered information, authorized by state or tribal law, on the absence, presence and significance of historic and archaeological resources within the state or tribal land. 12 . Special Temporary Authorization. Authorization granted to a permittee or licensee to allow the operation of a station for a limited period at a specified variance from the terms of the station's permanent authorization or requirements of the Commission's rules applicable to the particular class or type of station. 13 . Submission Packet. The document to be submitted initially to the SHPO/THPO to facilitate review of the Applicant's findings and any determinations with regard to the potential impact of the proposed Undertaking on Historic Properties in the APE. There are two Submission Packets: (a) The New Tower Submission Packet (FCC Form 620) ( See Attachment 3) and (b) The Collocation Submission Packet (FCC Form 621) ( See Attachment 4). Any documents required to be submitted along with a Form are part of the Submission Packet. 14 . Tower. Any structure built for the sole or primary purpose of supporting Commission-licensed or authorized Antennas, including the on-site fencing, equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with that Tower but not installed as part of an Antenna as defined herein. B . All other terms not defined above or elsewhere in this Nationwide Agreement shall have the same meaning as set forth in the Council's rules section on Definitions ( 36 CFR 800.16 ) or the Commission's rules ( 47 CFR Chapter I ). C . For the calculation of time periods under this Agreement, “days” mean “calendar days.” Any time period specified in the Agreement that ends on a weekend or a Federal or State holiday is extended until the close of the following business day. D . Written communications include communications by e-mail or facsimile. III. Undertakings Excluded From Section 106 Review Undertakings that fall within the provisions listed in the following sections III.A. through III.F. are excluded from Section 106 review by the SHPO/THPO, the Commission, and the Council, and, accordingly, shall not be submitted to the SHPO/THPO for review. The determination that an exclusion applies to an Undertaking should be made by an authorized individual within the Applicant's organization, and Applicants should retain documentation of their determination that an exclusion applies. Concerns regarding the application of these exclusions from Section 106 review may be presented to and considered by the Commission pursuant to Section XI. A . Enhancement of a tower and any associated excavation that does not involve a collocation and does not substantially increase the size of the existing tower, as defined in the Collocation Agreement. For towers constructed after March 16, 2001, this exclusion applies only if the tower has completed the Section 106 review process and any associated environmental reviews required by the Commission. B . Construction of a replacement for an existing communications tower and any associated excavation that does not substantially increase the size of the existing tower under elements 1-3 of the definition as defined in the Collocation Agreement ( see Attachment 1 to this Agreement, Stipulation 1.c.1-3) and that does not expand the boundaries of the leased or owned property surrounding the tower by more than 30 feet in any direction or involve excavation outside these expanded boundaries or outside any existing access or utility easement related to the site. For towers constructed after March 16, 2001, this exclusion applies only if the tower has completed the Section 106 review process and any associated environmental reviews required by the Commission's rules. C . Construction of any temporary communications Tower, Antenna structure, or related Facility that involves no excavation or where all areas to be excavated will be located in areas described in Section VI.D.2.c.i below, including but not limited to the following: 1 . A Tower or Antenna authorized by the Commission for a temporary period, such as any Facility authorized by a Commission grant of Special Temporary Authority (“STA”) or emergency authorization; 2 . A cell on wheels (COW) transmission Facility; 3 . A broadcast auxiliary services truck, TV pickup station, remote pickup broadcast station (e.g., electronic newsgathering vehicle) authorized under Part 74 or temporary fixed or transportable earth station in the fixed satellite service (e.g., satellite newsgathering vehicle) authorized under Part 25; 4 . A temporary ballast mount Tower; 5 . Any Facility authorized by a Commission grant of an experimental authorization. For purposes of this Section III.C, the term “temporary” means “for no more than twenty-four months duration except in the case of those Facilities associated with national security.” D . Construction of a Facility less than 200 feet in overall height above ground level in an existing industrial park, [ 1 ] commercial strip mall, [ 2 ] or shopping center [ 3 ] that occupies a total land area of 100,000 square feet or more, provided that the industrial park, strip mall, or shopping center is not located within the boundaries of or within 500 feet of a Historic Property, as identified by the Applicant after a preliminary search of relevant records. Proposed Facilities within this exclusion must complete the process of participation of Indian tribes and NHOs pursuant to Section IV of this Agreement. If as a result of this process the Applicant or the Commission identifies a Historic Property that may be affected, the Applicant must complete the Section 106 review process pursuant to this Agreement notwithstanding the exclusion. E . Construction of a Facility in or within 50 feet of the outer boundary of a right-of-way designated by a Federal, State, local, or Tribal government for the location of communications Towers or above-ground utility transmission or distribution lines and associated structures and equipment and in active use for such purposes, provided: 1 . The proposed Facility would not constitute a substantial increase in size, under elements 1-3 of the definition in the Collocation Agreement, over existing structures located in the right-of-way within the vicinity of the proposed Facility, and; 2 . The proposed Facility would not be located within the boundaries of a Historic Property, as identified by the Applicant after a preliminary search of relevant records. Proposed Facilities within this exclusion must complete the process of participation of Indian tribes and NHOs pursuant to Section IV of this Agreement. If as a result of this process the Applicant or the Commission identifies a Historic Property that may be affected, the Applicant must complete the Section 106 review process pursuant to this Agreement notwithstanding the exclusion. F . Construction of a Facility in any area previously designated by the SHPO/THPO at its discretion, following consultation with appropriate Indian tribes and NHOs, as having limited potential to affect Historic Properties. Such designation shall be documented by the SHPO/THPO and made available for public review. IV. Participation of Indian Tribes and Native Hawaiian Organizations in Undertakings Off Tribal Lands A . The Commission recognizes its responsibility to carry out consultation with any Indian tribe or NHO that attaches religious and cultural significance to a Historic Property if the property may be affected by a Commission undertaking. This responsibility is founded in Sections 101(d)(6)(a-b) and 106 of the NHPA ( 16 U.S.C. 470a(d)(6) (a-b) and 470f), the regulations of the Council ( 36 CFR Part 800 ), the Commission's environmental regulations ( 47 CFR 1.1301-1.1319 ), and the unique legal relationship that exists between the federal government and Indian Tribal governments, as reflected in the Constitution of the United States, treaties, federal statutes, Executive orders, and numerous court decisions. This historic trust relationship requires the federal government to adhere to certain fiduciary standards in its dealings with Indian Tribes. (Commission Statement of Policy on Establishing a Government-to-Government Relationship with Indian Tribes). B . As an initial step to enable the Commission to fulfill its duty of consultation, Applicants shall use reasonable and good faith efforts to identify any Indian tribe or NHO that may attach religious and cultural significance to Historic Properties that may be affected by an Undertaking. Applicants should be aware that frequently, Historic Properties of religious and cultural significance to Indian tribes and NHOs are located on ancestral, aboriginal, or ceded lands of such tribes and organizations and Applicants should take this into account when complying with their responsibilities. Where an Indian tribe or NHO has voluntarily provided information to the Commission's Tower Construction Notification System regarding the geographic areas in which Historic Properties of religious and cultural significance to that Indian tribe or NHO may be located, reference to the Tower Construction Notification System shall constitute a reasonable and good faith effort at identification with respect to that Indian tribe or NHO. In addition, such reasonable and good faith efforts may include, but are not limited to, seeking relevant information from the relevant SHPO/THPO, Indian tribes, state agencies, the U.S. Bureau of Indian Affairs (“BIA”), or, where applicable, any federal agency with land holdings within the state (e.g., the U.S. Bureau of Land Management). Although these agencies can provide useful information in identifying potentially affected Indian tribes, contacting BIA, the SHPO or other federal and state agencies is not a substitute for seeking information directly from Indian tribes that may attach religious and cultural significance to a potentially affected Historic Property, as described below. C . After the Applicant has identified Indian tribes and NHOs that may attach religious and cultural significance to potentially affected Historic Properties, the Commission has the responsibility, and the Commission imposes on the Applicant the obligation, to ensure that contact is made at an early stage in the planning process with such Indian tribes and NHOs in order to begin the process of ascertaining whether such Historic Properties may be affected. This initial contact shall be made by the Commission or the Applicant, in accordance with the wishes of the Indian tribe or NHO. This contact shall constitute only an initial effort to contact the Indian tribe or NHO, and does not in itself fully satisfy the Applicant's obligations or substitute for government-to-government consultation unless the Indian tribe or NHO affirmatively disclaims further interest or the Indian tribe or NHO has otherwise agreed that such contact is sufficient. Depending on the preference of the Indian tribe or NHO, the means of initial contact may include, without limitation: 1 . Electronic notification through the Commission's Tower Construction Notification System; 2 . Written communication from the Commission at the request of the Applicant; 3 . Written, e-mail, or telephonic notification directly from the Applicant to the Indian tribe or NHO; 4 . Any other means that the Indian Tribe or NHO has informed the Commission are acceptable, including through the adoption of best practices pursuant to Section IV.J, below; or 5 . Any other means to which an Indian tribe or NHO and an Applicant have agreed pursuant to Section IV.K, below. D . The Commission will use its best efforts to ascertain the preferences of each Indian tribe and NHO for initial contact, and to make these preferences available to Applicants in a readily accessible format. In addition, the Commission will use its best efforts to ascertain, and to make available to Applicants, any locations or types of construction projects, within the broad geographic areas in which Historic Properties of religious and cultural significance to an Indian tribe or NHO may be located, for which the Indian tribe or NHO does not expect notification. To the extent they are comfortable doing so, the Commission encourages Indian tribes and NHOs to accept the Tower Construction Notification System as an efficient and thorough means of making initial contact. E . In the absence of any contrary indication of an Indian tribe's or NHO's preference, where an Applicant does not have a pre-existing relationship with an Indian tribe or NHO, initial contact with the Indian tribe or NHO shall be made through the Commission. Unless the Indian tribe or NHO has indicated otherwise, the Commission may make this initial contact through the Tower Construction Notification System. An Applicant that has a pre-existing relationship with an Indian tribe or NHO shall make initial contact in the manner that is customary to that relationship or in such other manner as may be accepted by the Indian tribe or NHO. An Applicant shall copy the Commission on any initial written or electronic direct contact with an Indian tribe or NHO, unless the Indian tribe or NHO has agreed through a best practices agreement or otherwise that such copying is not necessary. F . Applicants' direct contacts with Indian tribes and NHOs, where accepted by the Indian tribe or NHO, shall be made in a sensitive manner that is consistent with the reasonable wishes of the Indian tribe or NHO, where such wishes are known or can be reasonably ascertained. In general, unless an Indian tribe or NHO has provided guidance to the contrary, Applicants shall follow the following guidelines: 1 . All communications with Indian tribes shall be respectful of tribal sovereignty; 2 . Communications shall be directed to the appropriate representative designated or identified by the tribal government or other governing body; 3 . Applicants shall provide all information reasonably necessary for the Indian tribe or NHO to evaluate whether Historic Properties of religious and cultural significance may be affected. The parties recognize that it may be neither feasible nor desirable to provide complete information about the project at the time of initial contact, particularly when initial contact is made early in the process. Unless the Indian tribe or NHO affirmatively disclaims interest, however, it shall be provided with complete information within the earliest reasonable time frame; 4 . The Applicant must ensure that Indian tribes and NHOs have a reasonable opportunity to respond to all communications. Ordinarily, 30 days from the time the relevant tribal or NHO representative may reasonably be expected to have received an inquiry shall be considered a reasonable time. Should a tribe or NHO request additional time to respond, the Applicant shall afford additional time as reasonable under the circumstances. However, where initial contact is made automatically through the Tower Construction Notification System, and where an Indian tribe or NHO has stated that it is not interested in reviewing proposed construction of certain types or in certain locations, the Applicant need not await a response to contact regarding proposed construction meeting that description; 5 . Applicants should not assume that failure to respond to a single communication establishes that an Indian tribe or NHO is not interested in participating, but should make a reasonable effort to follow up. G . The purposes of communications between the Applicant and Indian tribes or NHOs are: ( 1 ) To ascertain whether Historic Properties of religious and cultural significance to the Indian tribe or NHO may be affected by the undertaking and consultation is therefore necessary, and ( 2 ) where possible, with the concurrence of the Indian tribe or NHO, to reach an agreement on the presence or absence of effects that may obviate the need for consultation. Accordingly, the Applicant shall promptly refer to the Commission any request from a federally recognized Indian tribe for government-to-government consultation. The Commission will then carry out government-to-government consultation with the Indian tribe. Applicants shall also seek guidance from the Commission in the event of any substantive or procedural disagreement with an Indian tribe or NHO, or if the Indian tribe or NHO does not respond to the Applicant's inquiries. Applicants are strongly advised to seek guidance from the Commission in cases of doubt. H . If an Indian tribe or NHO indicates that a Historic Property of religious and cultural significance to it may be affected, the Applicant shall invite the commenting tribe or organization to become a consulting party. If the Indian tribe or NHO agrees to become a consulting party, it shall be afforded that status and shall be provided with all of the information, copies of submissions, and other prerogatives of a consulting party as provided for in 36 CFR 800.2 . I . Information regarding Historic Properties to which Indian tribes or NHOs attach religious and cultural significance may be highly confidential, private, and sensitive. If an Indian tribe or NHO requests confidentiality from the Applicant, the Applicant shall honor this request and shall, in turn, request confidential treatment of such materials or information in accordance with the Commission's rules and Section 304 of the NHPA ( 16 U.S.C. 470w-3(a) ) in the event they are submitted to the Commission. The Commission shall provide such confidential treatment consistent with its rules and applicable federal laws. Although the Commission will strive to protect the privacy interests of all parties, the Commission cannot guarantee its own ability or the ability of Applicants to protect confidential, private, and sensitive information from disclosure under all circumstances. J . In order to promote efficiency, minimize misunderstandings, and ensure that communications among the parties are made in accordance with each Indian tribe or NHO's reasonable preferences, the Commission will use its best efforts to arrive at agreements regarding best practices with Indian tribes and NHOs and their representatives. Such best practices may include means of making initial contacts with Indian tribes and NHOs as well as guidelines for subsequent discussions between Applicants and Indian tribes or NHOs in fulfillment of the requirements of the Section 106 process. To the extent possible, the Commission will strive to achieve consistency among best practice agreements with Indian tribes and NHOs. Where best practices exist, the Commission encourages Applicants to follow those best practices. K . Nothing in this Section shall be construed to prohibit or limit Applicants and Indian tribes or NHOs from entering into or continuing pre-existing arrangements or agreements governing their contacts, provided such arrangements or agreements are otherwise consistent with federal law and no modification is made in the roles of other parties to the process under this Nationwide Agreement without their consent. Documentation of such alternative arrangements or agreements should be filed with the Commission. V. Public Participation and Consulting Parties A . On or before the date an Applicant submits the appropriate Submission Packet to the SHPO/THPO, as prescribed by Section VII, below, the Applicant shall provide the local government that has primary land use jurisdiction over the site of the planned Undertaking with written notification of the planned Undertaking. B . On or before the date an Applicant submits the appropriate Submission Packet to the SHPO/THPO, as prescribed by Section VII, below, the Applicant shall provide written notice to the public of the planned Undertaking. Such notice may be accomplished ( 1 ) through the public notification provisions of the relevant local zoning or local historic preservation process for the proposed Facility; or ( 2 ) by publication in a local newspaper of general circulation. In the alternative, an Applicant may use other appropriate means of providing public notice, including seeking the assistance of the local government. C . The written notice to the local government and to the public shall include: ( 1 ) The location of the proposed Facility including its street address; ( 2 ) a description of the proposed Facility including its height and type of structure; ( 3 ) instruction on how to submit comments regarding potential effects on Historic Properties; and ( 4 ) the name, address, and telephone number of a contact person. D . A SHPO/THPO may make available lists of other groups, including Indian tribes, NHOs and organizations of Indian tribes or NHOs, which should be provided notice for Undertakings to be located in particular areas. E . If the Applicant receives a comment regarding potentially affected Historic Properties, the Applicant shall consider the comment and either include it in the initial submission to the SHPO/THPO, or, if the initial submission has already been made, immediately forward the comment to the SHPO/THPO for review. An Applicant need not submit to the SHPO/THPO any comment that does not substantially relate to potentially affected Historic Properties. F . The relevant SHPO/THPO, Indian tribes and NHOs that attach religious and cultural significance to Historic Properties that may be affected, and the local government are entitled to be consulting parties in the Section 106 review of an Undertaking. The Council may enter the Section 106 process for a given Undertaking, on Commission invitation or on its own decision, in accordance with 36 CFR Part 800, Appendix A . An Applicant shall consider all written requests of other individuals and organizations to participate as consulting parties and determine which should be consulting parties. An Applicant is encouraged to grant such status to individuals or organizations with a demonstrated legal or economic interest in the Undertaking, or demonstrated expertise or standing as a representative of local or public interest in historic or cultural resources preservation. Any such individual or organization denied consulting party status may petition the Commission for review of such denial. Applicants may seek assistance from the Commission in identifying and involving consulting parties. All entities granted consulting party status shall be identified to the SHPO/THPO as part of the Submission Packet. G . Consulting parties are entitled to: ( 1 ) Receive notices, copies of submission packets, correspondence and other documents provided to the SHPO/THPO in a Section 106 review; and ( 2 ) be provided an opportunity to have their views expressed and taken into account by the Applicant, the SHPO/THPO and, where appropriate, by the Commission. VI. Identification, Evaluation, and Assessment of Effects A . In preparing the Submission Packet for the SHPO/THPO and consulting parties pursuant to Section VII of this Nationwide Agreement and Attachments 3 and 4, the Applicant shall: ( 1 ) Define the area of potential effects (APE); ( 2 ) identify Historic Properties within the APE; ( 3 ) evaluate the historic significance of identified properties as appropriate; and ( 4 ) assess the effects of the Undertaking on Historic Properties. The standards and procedures described below shall be applied by the Applicant in preparing the Submission Packet, by the SHPO/THPO in reviewing the Submission Packet, and where appropriate, by the Commission in making findings. B . Exclusion of Specific Geographic Areas from Review. The SHPO/THPO, consistent with relevant State or tribal procedures, may specify geographic areas in which no review is required for direct effects on archeological resources or no review is required for visual effects. C . Area of Potential Effects. 1 . The term “Area of Potential Effects” is defined in Section II.A.3 of this Nationwide Agreement. For purposes of this Nationwide Agreement, the APE for direct effects and the APE for visual effects are further defined and are to be established as described below. 2 . The APE for direct effects is limited to the area of potential ground disturbance and any property, or any portion thereof, that will be physically altered or destroyed by the Undertaking. 3 . The APE for visual effects is the geographic area in which the Undertaking has the potential to introduce visual elements that diminish or alter the setting, including the landscape, where the setting is a character-defining feature of a Historic Property that makes it eligible for listing on the National Register. 4 . Unless otherwise established through consultation with the SHPO/THPO, the presumed APE for visual effects for construction of new Facilities is the area from which the Tower will be visible: a . Within a half mile from the tower site if the proposed Tower is 200 feet or less in overall height; b . Within 3 ⁄ 4 of a mile from the tower site if the proposed Tower is more than 200 but no more than 400 feet in overall height; or c . Wthin 1 1 ⁄ 2 miles from the proposed tower site if the proposed Tower is more than 400 feet in overall height. 5 . In the event the Applicant determines, or the SHPO/THPO recommends, that an alternative APE for visual effects is necessary, the Applicant and the SHPO/THPO may mutually agree to an alternative APE. 6 . If the Applicant and the SHPO/THPO, after using good faith efforts, cannot reach an agreement on the use of an alternative APE, either the Applicant or the SHPO/THPO may submit the issue to the Commission for resolution. The Commission shall make its determination concerning an alternative APE within a reasonable time. D . Identification and Evaluation of Historic Properties. 1 . Identification and Evaluation of Historic Properties Within the APE for Visual Effects. a . Except to identify Historic Properties of religious and cultural significance to Indian tribes and NHOs, Applicants shall identify Historic Properties within the APE for visual effects by reviewing the following records. Applicants are required to review such records only to the extent they are available at the offices of the SHPO/THPO or can be found in publicly available sources identified by the SHPO/THPO. With respect to these properties, Applicants are not required to undertake a Field Survey or other measures other than reviewing these records in order to identify Historic Properties: i . Properties listed in the National Register; ii . Properties formally determined eligible for listing by the Keeper of the National Register; iii . Properties that the SHPO/THPO certifies are in the process of being nominated to the National Register; iv . Properties previously determined eligible as part of a consensus determination of eligibility between the SHPO/THPO and a Federal Agency or local government representing the Department of Housing and Urban Development (HUD); and v . Properties listed in the SHPO/THPO Inventory that the SHPO/THPO has previously evaluated and found to meet the National Register criteria, and that are identified accordingly in the SHPO/THPO Inventory. b . At an early stage in the planning process and in accordance with Section IV of this Nationwide Agreement, the Commission or the Applicant, as appropriate, shall gather information from Indian tribes or NHOs identified pursuant to Section IV.B to assist in identifying Historic Properties of religious and cultural significance to them within the APE for visual effects. Such information gathering may include a Field Survey where appropriate. c . Based on the sources listed above and public comment received pursuant to Section V of this Nationwide Agreement, the Applicant shall include in its Submission Packet a list of properties it has identified as apparent Historic Properties within the APE for visual effects. i . During the review period described in Section VII.A, the SHPO/THPO may identify additional properties included in the SHPO/THPO Inventory and located within the APE that the SHPO/THPO considers eligible for listing on the National Register, and notify the Applicant pursuant to Section VII.A.4. ii . The SHPO/THPO may also advise the Applicant that previously identified properties on the list no longer qualify for inclusion in the National Register. d . Applicants are encouraged at their discretion to use the services of professionals who meet the Secretary of the Interior's Professional Qualification Standards when identifying Historic Properties within the APE for visual effects. e . Applicants are not required to evaluate the historic significance of properties identified pursuant to Section VI.D.1.a., but may rely on the previous evaluation of these properties. Applicants may, at their discretion, evaluate whether such properties are no longer eligible for inclusion in the National Register and recommend to the SHPO/THPO their removal from consideration. Any such evaluation shall be performed by a professional who meets the Secretary of the Interior's Professional Qualification Standards. 2 . Identification and Evaluation of Historic Properties Within the APE for Direct Effects. a . In addition to the properties identified pursuant to Section VI.D.1, Applicants shall make a reasonable good faith effort to identify other above ground and archeological Historic Properties, including buildings, structures, and historic districts, that lie within the APE for direct effects. Such reasonable and good faith efforts may include a Field Survey where appropriate. b . Identification and evaluation of Historic Properties within the APE for direct effects, including any finding that an archeological Field Survey is not required, shall be undertaken by a professional who meets the Secretary of the Interior's Professional Qualification Standards. Identification and evaluation relating to archeological resources shall be performed by a professional who meets the Secretary of the Interior's Professional Qualification Standards in archeology. c . Except as provided below, the Applicant need not undertake a Field Survey for archeological resources where: i . the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least 2 feet as documented in the Applicant's siting analysis; or ii . geomorphological evidence indicates that cultural resource-bearing soils do not occur within the project area or may occur but at depths that exceed 2 feet below the proposed construction depth. d . At an early stage in the planning process and in accordance with Section IV of this Nationwide Agreement, the Commission or the Applicant, as appropriate, shall gather information from Indian tribes or NHOs identified pursuant to Section IV.B to assist in identifying archeological Historic Properties of religious and cultural significance to them within the APE for direct effects. If an Indian tribe or NHO provides evidence that supports a high probability of the presence of intact archeological Historic Properties within the APE for direct effects, the Applicant shall conduct an archeological Field Survey notwithstanding Section VI.D.2.c. e . Where the Applicant pursuant to Sections VI.D.2.c and VI.D.2.d finds that no archeological Field Survey is necessary, it shall include in its Submission Packet a report substantiating this finding. During the review period described in Section VII.A, the SHPO/THPO may, based on evidence that supports a high probability of the presence of intact archeological Historic Properties within the APE for direct effects, notify the Applicant that the Submission Packet is inadequate without an archeological Field Survey pursuant to Section VII.A.4. f . The Applicant shall conduct an archeological Field Survey within the APE for direct effects if neither of the conditions in Section VI.D.2.c applies, or if required pursuant to Section VI.D.2.d or e. The Field Survey shall be conducted in consul-tation with the SHPO/THPO and consulting Indian tribes or NHOs. g . The Applicant, in consultation with the SHPO/THPO and appropriate Indian tribes or NHOs, shall apply the National Register criteria ( 36 CFR Part 63 ) to properties identified within the APE for direct effects that have not previously been evaluated for National Register eligibility, with the exception of those identified pursuant to Section VI.D.1.a. 3 . Dispute Resolution. Where there is a disagreement regarding the identification or eligibility of a property, and after attempting in good faith to resolve the issue the Applicant and the SHPO/THPO continue to disagree, the Applicant or the SHPO/THPO may submit the issue to the Commission. The Commission shall handle such submissions in accordance with 36 CFR 800.4(c)(2) . E . Assessment of Effects 1 . Applicants shall assess effects of the Undertaking on Historic Properties using the Criteria of Adverse Effect ( 36 CFR 800.5(a)(1) ). 2 . In determining whether Historic Properties in the APE may be adversely affected by the Undertaking, the Applicant should consider factors such as the topography, vegetation, known presence of Historic Properties, and existing land use. 3 . An Undertaking will have a visual adverse effect on a Historic Property if the visual effect from the Facility will noticeably diminish the integrity of one or more of the characteristics qualifying the property for inclusion in or eligibility for the National Register. Construction of a Facility will not cause a visual adverse effect except where visual setting or visual elements are character-defining features of eligibility of a Historic Property located within the APE. 4 . For collocations not excluded from review by the Collocation Agreement or this Agreement, the assessment of effects will consider only effects from the newly added or modified Facilities and not effects from the existing Tower or Antenna. 5 . Assessment pursuant to this Agreement shall be performed by professionals who meet the Secretary of the Interior's Professional Qualification Standards. VII. Procedures A. Use of the Submission Packet 1 . For each Undertaking within the scope of this Nationwide Agreement, the Applicant shall initially determine whether there are no Historic Properties affected, no adverse effect on Historic Properties, or an adverse effect on Historic Properties. The Applicant shall prepare a Submission Packet and submit it to the SHPO/THPO and to all consulting parties, including any Indian tribe or NHO that is participating as a consulting party. 2 . The SHPO/THPO shall have 30 days from receipt of the requisite documentation to review the Submission Packet. 3 . If the SHPO/THPO receives a comment or objection, in accordance with Section V.E, more than 25 but less than 31 days following its receipt of the initial submission, the SHPO/THPO shall have five calendar days to consider such comment or objection before the Section 106 process is complete or the matter may be submitted to the Commission. 4 . If the SHPO/THPO determines the Applicant's Submission Packet is inadequate, or if the SHPO/THPO identifies additional Historic Properties within the APE, the SHPO/THPO will immediately notify the Applicant and describe any deficiencies. The SHPO/THPO may close its file without prejudice if the Applicant does not resubmit an amended Submission Packet within 60 days following the Applicant's receipt of the returned Submission Packet. Resubmission of the Submission Packet to the SHPO/THPO commences a new 30 day period for review. B. Determinations of No Historic Properties Affected 1 . If the SHPO/THPO concurs in writing with the Applicant's determination of no Historic Properties affected, it is deemed that no Historic Properties exist within the APE or the Undertaking will have no effect on any Historic Properties located within the APE. The Section 106 process is then complete, and the Applicant may proceed with the project, unless further processing for reasons other than Section 106 is required. 2 . If the SHPO/THPO does not provide written notice to the Applicant that it agrees or disagrees with the Applicant's determination of no Historic Properties affected within 30 days following receipt of a complete Submission Packet, it is deemed that no Historic Properties exist within the APE or the Undertaking will have no effect on Historic Properties. The Section 106 process is then complete and the Applicant may proceed with the project, unless further processing for reasons other than Section 106 is required. 3 . If the SHPO/THPO provides written notice within 30 days following receipt of the Submission Packet that it disagrees with the Applicant's determination of no Historic Properties affected, it should provide a short and concise explanation of exactly how the criteria of eligibility and/or criteria of Adverse Effect would apply. The Applicant and the SHPO/THPO should engage in further discussions and make a reasonable and good faith effort to resolve their disagreement. 4 . If the SHPO/THPO and Applicant do not resolve their disagreement, the Applicant may at any time choose to submit the matter, together with all relevant documents, to the Commission, advising the SHPO/THPO accordingly. C. Determinations of No Adverse Effect 1 . If the SHPO/THPO concurs in writing with the Applicant's determination of no adverse effect, the Facility is deemed to have no adverse effect on Historic Properties. The Section 106 process is then complete and the Applicant may proceed with the project, unless further processing for reasons other than Section 106 is required. 2 . If the SHPO/THPO does not provide written notice to the Applicant that it agrees or disagrees with the Applicant's determination of no adverse effect within thirty days following its receipt of a complete Submission Packet, the SHPO/THPO is presumed to have concurred with the Applicant's determination. The Applicant shall, pursuant to procedures to be promulgated by the Commission, forward a copy of its Submission Packet to the Commission, together with all correspondence with the SHPO/THPO and any comments or objections received from the public, and advise the SHPO/THPO accordingly. The Section 106 process shall then be complete unless the Commission notifies the Applicant otherwise within 15 days after the Commission receives the Submission Packet and accompanying material electronically or 25 days after the Commission receives this material by other means. 3 . If the SHPO/THPO provides written notice within 30 days following receipt of the Submission Packet that it disagrees with the Applicant's determination of no adverse effect, it should provide a short and concise explanation of the Historic Properties it believes to be affected and exactly how the criteria of Adverse Effect would apply. The Applicant and the SHPO/THPO should engage in further discussions and make a reasonable and good faith effort to resolve their disagreement. 4 . If the SHPO/THPO and Applicant do not resolve their dispute, the Applicant may at any time choose to submit the matter, together with all relevant documents, to the Commission, advising the SHPO/THPO accordingly. 5 . Whenever the Applicant or the Commission concludes, or a SHPO/THPO advises, that a proposed project will have an adverse effect on a Historic Property, after applying the criteria of Adverse Effect, the Applicant and the SHPO/THPO are encouraged to investigate measures that would avoid the adverse effect and permit a conditional “No Adverse Effect” determination. 6 . If the Applicant and SHPO/THPO mutually agree upon conditions that will result in no adverse effect, the Applicant shall advise the SHPO/THPO in writing that it will comply with the conditions. The Applicant can then make a determination of no adverse effect subject to its implementation of the conditions. The Undertaking is then deemed conditionally to have no adverse effect on Historic Properties, and the Applicant may proceed with the project subject to compliance with those conditions. Where the Commission has previously been involved in the matter, the Applicant shall notify the Commission of this resolution. D. Determinations of Adverse Effect 1 . If the Applicant determines at any stage in the process that an Undertaking would have an adverse effect on Historic Properties within the APE(s), or if the Commission so finds, the Applicant shall submit to the SHPO/THPO a plan designed to avoid, minimize, or mitigate the adverse effect. 2 . The Applicant shall forward a copy of its submission with its mitigation plan and the entire record to the Council and the Commission. Within fifteen days following receipt of the Applicant's submission, the Council shall indicate whether it intends to participate in the negotiation of a Memorandum of Agreement by notifying both the Applicant and the Commission. 3 . Where the Undertaking would have an adverse effect on a National Historic Landmark, the Commission shall request the Council to participate in consultation and shall invite participation by the Secretary of the Interior. 4 . The Applicant, SHPO/THPO, and consulting parties shall negotiate a Memorandum of Agreement that shall be sent to the Commission for review and execution. 5 . If the parties are unable to agree upon mitigation measures, they shall submit the matter to the Commission, which shall coordinate additional actions in accordance with the Council's rules, including 36 CFR 800.6(b)(1)(v) and 800.7 . E. Retention of Information The SHPO/THPO shall, subject to applicable state or tribal laws and regulations, and in accordance with its rules and procedures governing historic property records, retain the information in the Submission Packet pertaining to the location and National Register eligibility of Historic Properties and make such information available to Federal agencies and Applicants in other Section 106 reviews, where disclosure is not prevented by the confidentiality standards in 36 CFR 800.11(c) . F. Removal of Obsolete Towers Applicants that construct new Towers under the terms of this Nationwide Agreement adjacent to or within the boundaries of a Historic Property are encouraged to disassemble such Towers should they become obsolete or remain vacant for a year or more. VIII. Emergency Situations Unless the Commission deems it necessary to issue an emergency authorization in accordance with its rules, or the Undertaking is otherwise excluded from Section 106 review pursuant to the Collocation Agreement or Section III of this Agreement, the procedures in this Agreement shall apply. IX. Inadvertent or Post-Review Discoveries A . In the event that an Applicant discovers a previously unidentified site within the APE that may be a Historic Property that would be affected by an Undertaking, the Applicant shall promptly notify the Commission, the SHPO/THPO and any potentially affected Indian tribe or NHO, and within a reasonable time shall submit to the Commission, the SHPO/THPO and any potentially affected Indian tribe or NHO, a written report evaluating the property's eligibility for inclusion in the National Register. The Applicant shall seek the input of any potentially affected Indian tribe or NHO in preparing this report. If found during construction, construction must cease until evaluation has been completed. B . If the Applicant and SHPO/THPO concur that the discovered resource is eligible for listing in the National Register, the Applicant will consult with the SHPO/THPO, and Indian tribes or NHOs as appropriate, to evaluate measures that will avoid, minimize, or mitigate adverse effects. Upon agreement regarding such measures, the Applicant shall implement them and notify the Commission of its action. C . If the Applicant and SHPO/THPO cannot reach agreement regarding the eligibility of a property, the matter will be referred to the Commission for review in accordance with Section VI.D.3. If the Applicant and the SHPO/THPO cannot reach agreement on measures to avoid, minimize, or mitigate adverse effects, the matter shall be referred to the Commission for appropriate action. D . If the Applicant discovers any human or burial remains during implementation of an Undertaking, the Applicant shall cease work immediately, notify the SHPO/THPO and Commission, and adhere to applicable State and Federal laws regarding the treatment of human or burial remains. X. Construction Prior to Compliance With Section 106 A . The terms of Section 110(k) of the National Historic Preservation Act ( 16 U.S.C. 470h-2(k) ) (“Section 110(k)”) apply to Undertakings covered by this Agreement. Any SHPO/THPO, potentially affected Indian tribe or NHO, the Council, or a member of the public may submit a complaint to the Commission alleging that a facility has been constructed or partially constructed after the effective date of this Agreement in violation of Section 110(k). Any such complaint must be in writing and supported by substantial evidence specifically describing how Section 110(k) has been violated. Upon receipt of such complaint the Commission will assume responsibility for investigating the applicability of Section 110(k) in accordance with the provisions herein. B . If upon its initial review, the Commission concludes that a complaint on its face demonstrates a probable violation of Section 110(k), the Commission will immediately notify and provide the relevant Applicant with copies of the Complaint and order that all construction of a new tower or installation of any new collocations immediately cease and remain suspended pending the Commission's resolution of the complaint. C . Within 15 days of receipt, the Commission will review the complaint and take appropriate action, which the Commission may determine, and which may include the following: 1 . Dismiss the complaint without further action if the complaint does not establish a probable violation of Section 110(k) even if the allegations are taken as true; 2 . Provide the Applicant with a copy of the complaint and request a written response within a reasonable time; 3 . Request from the Applicant a background report which documents the history and chronology of the planning and construction of the Facility; 4 . Request from the Applicant a summary of the steps taken to comply with the requirements of Section 106 as set forth in this Nationwide Agreement, particularly the application of the Criteria of Adverse Effect; 5 . Request from the Applicant copies of any documents regarding the planning or construction of the Facility, including correspondence, memoranda, and agreements; 6 . If the Facility was constructed prior to full compliance with the requirements of Section 106, request from the Applicant an explanation for such failure, and possible measures that can be taken to mitigate any resulting adverse effects on Historic Properties. D . If the Commission concludes that there is a probable violation of Section 110(k) ( i.e. , that “with intent to avoid the requirements of Section 106, [an Applicant] has intentionally significantly adversely affected a Historic Property”), the Commission shall notify the Applicant and forward a copy of the documentation set forth in Section X.C. to the Council and, as appropriate, the SHPO/THPO and other consulting parties, along with the Commission's opinion regarding the probable violation of Section 110(k). The Commission will consider the views of the consulting parties in determining a resolution, which may include negotiating a Memorandum of Agreement (MOA) that will resolve any adverse effects. The Commission, SHPO/THPO, Council, and Applicant shall sign the MOA to evidence acceptance of the mitigation plan and conclusion of the Section 106 review process. E . Nothing in Section X or any other provision of this Agreement shall preclude the Commission from continuing or instituting enforcement proceedings under the Communications Act and its rules against an Applicant that has constructed a Facility prior to completing required review under this Agreement. Sanctions for violations of the Commission's rules may include any sanctions allowed under the Communications Act and the Commission's rules. F . The Commission shall provide copies of all concluding reports or orders for all Section 110(k) investigations conducted by the Commission to the original complainant, the Applicant, the relevant local government, and other consulting parties. G . Facilities that are excluded from Section 106 review pursuant to the Collocation Agreement or Section III of this Agreement are not subject to review under this provision. Any parties who allege that such Facilities have violated Section 110(k) should notify the Commission in accordance with the provisions of Section XI, Public Comments and Objections. XI. Public Comments and Objections Any member of the public may notify the Commission of concerns it has regarding the application of this Nationwide Agreement within a State or with regard to the review of individual Undertakings covered or excluded under the terms of this Agreement. Comments related to telecommunications activities shall be directed to the Wireless Telecommunications Bureau and those related to broadcast facilities to the Media Bureau. The Commission will consider public comments and following consultation with the SHPO/THPO, potentially affected Indian tribes and NHOs, or Council, where appropriate, take appropriate actions. The Commission shall notify the objector of the outcome of its actions. XII. Amendments The signatories may propose modifications or other amendments to this Nationwide Agreement. Any amendment to this Agreement shall be subject to appropriate public notice and comment and shall be signed by the Commission, the Council, and the Conference. XIII. Termination A . Any signatory to this Nationwide Agreement may request termination by written notice to the other parties. Within sixty (60) days following receipt of a written request for termination from a signatory, all other signatories shall discuss the basis for the termination request and seek agreement on amendments or other actions that would avoid termination. B . In the event that this Agreement is terminated, the Commission and all Applicants shall comply with the requirements of 36 CFR Part 800 . XIV. Annual Review The signatories to this Nationwide Agreement will meet annually on or about the anniversary of the effective date of the Agreement to discuss the effectiveness of this Agreement, including any issues related to improper implementation, and to discuss any potential amendments that would improve the effectiveness of this Agreement. XV. Reservation of Rights Neither execution of this Agreement, nor implementation of or compliance with any term herein, shall operate in any way as a waiver by any party hereto, or by any person or entity complying herewith or affected hereby, of a right to assert in any court of law any claim, argument or defense regarding the validity or interpretation of any provision of the NHPA or its implementing regulations contained in 36 CFR Part 800 . XVI. Severability If any section, subsection, paragraph, sentence, clause or phrase in this Agreement is, for any reason, held to be unconstitutional or invalid or ineffective, such decision shall not affect the validity or effectiveness of the remaining portions of this Agreement. In witness whereof, the Parties have caused this Agreement to be executed by their respective authorized officers as of the day and year first written above. Federal Communications Commission Chairman Date Advisory Council on Historic Preservation Chairman Date National Conference of State Historic Preservation Officers Date [ 70 FR 580 , Jan. 4, 2005] Footnotes -
Appendix C to Part 1 [ 1 ] A tract of land that is planned, developed, and operated as an integrated facility for a number of individual industrial uses, with consideration to transportation facilities, circulation, parking, utility needs, aesthetics and compatibility. [ 2 ] A structure or grouping of structures, housing retail business, set back far enough from the street to permit parking spaces to be placed between the building entrances and the public right of way. [ 3 ] A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.
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PART 16—DIGITAL DISCRIMINATION OF ACCESS Authority: 47 U.S.C. 1754 , unless otherwise noted. Source: 89 FR 4162 , Jan. 22, 2024, unless otherwise noted. § 16.1 Purpose. The purpose of this part is to implement section 60506 of the Infrastructure Investment and Jobs Act, 135 Stat. 429 (2021) (Infrastructure Act) that requires the Commission to adopt rules to facilitate equal access to broadband internet access service, taking into account the issues of technical and economic feasibility presented by that objective, including: ( a ) Preventing digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin; and ( b ) Identifying necessary steps for the Commission to take to eliminate discrimination described in this part. § 16.2 Definitions. Broadband internet access service is defined by § 8.1(b) of this subchapter . Broadband provider is defined by § 54.1600(b) of this chapter . Consumer includes current and potential subscribers, individual persons, groups of persons, individual organizations, and groups of organizations having the capacity to subscribe to and receive broadband internet access service. Covered entity includes broadband internet access service providers and entities that provide services that facilitate and affect consumer access to broadband internet access service, including but not limited to: ( 1 ) Broadband internet access service providers; ( 2 ) Contractors retained by, or entities working through partnership agreements or other business arrangements with, broadband internet access service providers; ( 3 ) Entities facilitating or involved in the provision of broadband internet access service; ( 4 ) Entities maintaining and upgrading network infrastructure; and, ( 5 ) Entities that otherwise affect consumer access to broadband internet access service. Covered elements of service is defined as any components of service quality or terms and conditions on which broadband internet access service is provided. The definition includes, but is not limited to: ( 1 ) Deployment of broadband infrastructure, network upgrades, and network maintenance; ( 2 ) Service quality components and the terms and conditions on which broadband internet access service is provided, including but not limited to speeds, capacities, latency, data caps, throttling, pricing, promotional rates, imposition of late fees, opportunity for equipment rental, installation time, contract renewal terms, service termination terms, and use of customer credit and account history; ( 3 ) Marketing, advertisement, and outreach; and ( 4 ) Technical service, onsite service, and other provision of customer service. Covered services is defined as broadband internet access service by § 8.1(b) of this subchapter . Digital discrimination of access means policies or practices, not justified by genuine issues of technical or economic feasibility, that differentially impact consumers' access to broadband internet access service based on their income level, race, ethnicity, color, religion, or national origin or are intended to have such differential impact. Economically feasible means reasonably achievable as evidenced by prior success by covered entities under similar circumstances or demonstrated new economic conditions clearly indicating that the policy or practice in question may reasonably be adopted, implemented, and utilized. Equal access means the opportunity to subscribe to an offered service that provides comparable speeds, capacity, latency, and other quality of service metrics in a given area, for comparable terms and conditions. Subscriber is defined as a subscriber to broadband internet access service as defined as in § 8.1(b) of this subchapter . Technically feasible means reasonably achievable as evidenced by prior success by covered entities under similar circumstances or demonstrated technological advances clearly indicating that the policy or practice in question may reasonably be adopted, implemented, and utilized. § 16.3 Digital discrimination of access prohibited. ( a ) This section provides the Commission's interpretation of actions that constitute digital discrimination of access under 47 U.S.C. 1754 . ( b ) It shall be unlawful for any broadband provider, or covered entity as described in this part, to adopt, implement or utilize policies or practices, not justified by genuine issues of technical or economic feasibility, that differentially impact consumers' access to broadband internet access service based on their income level, race, ethnicity, color, religion, or national origin or are intended to have such differential impact. § 16.4 Findings of discrimination. ( a ) Discriminatory treatment. The Commission may find that a covered entity engaged in intentional discrimination by direct evidence or circumstantial evidence that the covered entity's policy or practice was adopted, implemented, or utilized with the intent to differentially impact consumers' access to covered services or covered elements of service on one or more of the bases listed in section 60506(b) of the Infrastructure Act. ( b ) Discriminatory effect. The Commission may find that a covered entity adopted, implemented, or utilized a policy or practice that had a discriminatory effect on one or more of the bases listed in section 60506(b) of the Infrastructure Act. A discriminatory effect occurs when a facially neutral policy or practice differentially impacts consumers' access to covered services or covered elements of service. § 16.5 Technical and economic feasibility. ( a ) Where the Commission determines that a covered entity's policy or practice is motivated by discriminatory intent on the basis of income level, race, ethnicity, color, religion, or national origin, the entity will not be found liable for digital discrimination of access if the policy or practice is justified by genuine issues of technical or economic feasibility. ( b ) Where the Commission determines that a covered entity's policy or practice has discriminatory effects on the basis of income level, race, ethnicity, color, religion, or national origin, the entity will not be found liable for digital discrimination of access if the policy or practice is justified by genuine issues of technical or economic feasibility. ( c ) Covered entities have the burden of proving to the Commission that a policy or practice under investigation is justified by genuine issues of technical or economic feasibility. This may include proof that available, less discriminatory alternatives were not reasonably achievable at the time the policy or practice was adopted, implemented, or utilized because of genuine technical or economic constraints. ( d ) Genuine issues of technical or economic feasibility must be demonstrated by a preponderance of the evidence, with the covered entity providing the Commission all of the empirical evidence and documentation needed to substantiate the technical or economic justifications for the policy or practice under investigation. ( e ) The Commission will determine on a case-by-case basis whether genuine issues of technical or economic feasibility justified the adoption, implementation, or utilization of a policy or practice that was motivated by discriminatory intent on the basis of income level, race, ethnicity, color, religion, or national origin, or that caused discriminatory effects on one or more of these bases. § 16.6 Enforcement. Any allegation that a covered entity has violated the regulations in this part may be referred to the Commission's Enforcement Bureau. § 16.7 Advisory opinions. ( a ) Procedures. ( 1 ) Any entity that is subject to the Commission's rules implementing section 60506 of the Infrastructure Act may request an advisory opinion from the Enforcement Bureau regarding the permissibility of its own policies and practices affecting access to broadband internet access service. Requests for advisory opinions may be filed via the Commission's website or with the Office of the Secretary and must be copied to the Chief of the Enforcement Bureau and the Chief of the Investigations and Hearings Division of the Enforcement Bureau. ( 2 ) The Enforcement Bureau may, in its discretion, determine whether to issue an advisory opinion in response to a particular request or group of requests and will inform each requesting entity, in writing, whether the Bureau plans to issue an advisory opinion regarding the matter in question. ( 3 ) Requests for advisory opinions must relate to a current or proposed policy or practice that the requesting party intends to pursue. The Enforcement Bureau will not respond to requests if the same or substantially the same conduct is the subject of a current government investigation or proceeding, including any ongoing litigation or open rulemaking at the Commission. ( 4 ) Requests for advisory opinions must be accompanied by all material information sufficient for Enforcement Bureau staff to make a determination on the proposed conduct for which review is requested. Requesters must certify that factual representations made to the Bureau are truthful and accurate, and that they have not intentionally omitted any information from the request. A request for an advisory opinion that is submitted by a business entity or an organization must be executed by an individual who is authorized to act on behalf of that entity or organization. ( 5 ) Enforcement Bureau staff will have discretion to ask parties requesting opinions, as well as other parties that may have information relevant to the request or that may be impacted by the proposed conduct, for additional information that the staff deems necessary to respond to the request. Such additional information, if furnished orally or during an in-person conference with Bureau staff, shall be promptly confirmed in writing. Parties are not obligated to respond to staff inquiries related to advisory opinions. If a requesting party fails to respond to a staff inquiry, then the Bureau may dismiss that party's request for an advisory opinion. If a party voluntarily responds to a staff inquiry for additional information, then it must do so by a deadline to be specified by Bureau staff. Advisory opinions will expressly state that they rely on the representations made by the requesting party, and that they are premised on the specific facts and representations in the request and any supplemental submissions. ( b ) Response. After review of a request submitted hereunder, the Enforcement Bureau will: ( 1 ) Issue an advisory opinion that will state the Bureau's determination as to whether or not the policy or practice detailed in the request complies with the Commission's rules implementing section 60506 of the Infrastructure Act; ( 2 ) Issue a written statement declining to respond to the request; or ( 3 ) Take such other position or action as it considers appropriate. An advisory opinion states only the enforcement intention of the Enforcement Bureau as of the date of the opinion, and it is not binding on any party. Advisory opinions will be issued without prejudice to the Enforcement Bureau or the Commission to reconsider the questions involved, or to rescind or revoke the opinion. Advisory opinions will not be subject to appeal or further review. ( c ) Enforcement effect. The Enforcement Bureau will have discretion to indicate the Bureau's lack of enforcement intent in an advisory opinion based on the facts, representations, and warranties made by the requesting party. If the Bureau determines that a policy or practice currently in effect violates Commission rules, it may provide in the opinion that it will not take enforcement action within a designated time period if the policy or practice is promptly corrected. The requesting party may rely on the opinion only to the extent that the request fully and accurately contains all the material facts and circumstances. Should the Bureau or Commission rescind a previously issued advisory opinion, the requesting party must promptly discontinue use of the relevant policy or practice in order to remain in compliance with our rules. ( d ) Public disclosure. The Enforcement Bureau will make advisory opinions available to the public on the Commission's website. The Bureau will also publish the initial request for guidance and any associated materials. Parties soliciting advisory opinions may request confidential treatment of information submitted in connection with a request for an advisory opinion pursuant to § 0.459 of this subchapter . ( e ) Withdrawal of request. Any requesting party may withdraw a request for review at any time prior to receipt of notice that the Enforcement Bureau intends to issue an adverse opinion, or the issuance of an opinion. The Enforcement Bureau remains free, however, to submit comments to such requesting party as it deems appropriate. Failure to take action after receipt of documents or information, whether submitted pursuant to this procedure or otherwise, does not in any way limit or stop the Bureau from taking such action at such time thereafter as it deems appropriate. The Bureau reserves the right to retain documents submitted to it under this procedure or otherwise and to use them for all governmental purposes.
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PART 97—AMATEUR RADIO SERVICE Authority: 47 U.S.C. 151-155 , 301 -609, unless otherwise noted. Source: 54 FR 25857 , June 20, 1989, unless otherwise noted. Editorial Note Editorial Note: Nomenclature changes to part 97 appear at 63 FR 54077 , Oct. 8, 1998. Subpart A—General Provisions § 97.1 Basis and purpose. The rules and regulations in this part are designed to provide an amateur radio service having a fundamental purpose as expressed in the following principles: ( a ) Recognition and enhancement of the value of the amateur service to the public as a voluntary noncommercial communication service, particularly with respect to providing emergency communications. ( b ) Continuation and extension of the amateur's proven ability to contribute to the advancement of the radio art. ( c ) Encouragement and improvement of the amateur service through rules which provide for advancing skills in both the communication and technical phases of the art. ( d ) Expansion of the existing reservoir within the amateur radio service of trained operators, technicians, and electronics experts. ( e ) Continuation and extension of the amateur's unique ability to enhance international goodwill. § 97.3 Definitions. ( a ) The definitions of terms used in part 97 are: ( 1 ) Amateur operator. A person named in an amateur operator/primary license station grant on the ULS consolidated licensee database to be the control operator of an amateur station. ( 2 ) Amateur radio services. The amateur service, the amateur-satellite service and the radio amateur civil emergency service. ( 4 ) Amateur service. A radiocommunication service for the purpose of self-training, intercommunication and technical investigations carried out by amateurs, that is, duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest. ( 5 ) Amateur station. A station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications. ( 6 ) Automatic control. The use of devices and procedures for control of a station when it is transmitting so that compliance with the FCC Rules is achieved without the control operator being present at a control point. ( 7 ) Auxiliary station. An amateur station, other than in a message forwarding system, that is transmitting communications point-to-point within a system of cooperating amateur stations. ( 8 ) Bandwidth. The width of a frequency band outside of which the mean power of the transmitted signal is attenuated at least 26 dB below the mean power of the transmitted signal within the band. ( 9 ) Beacon. An amateur station transmitting communications for the purposes of observation of propagation and reception or other related experimental activities. ( 10 ) Broadcasting. Transmissions intended for reception by the general public, either direct or relayed. ( 11 ) Call sign system. The method used to select a call sign for amateur station over-the-air identification purposes. The call sign systems are: ( i ) Sequential call sign system. The call sign is selected by the FCC from an alphabetized list corresponding to the geographic region of the licensee's mailing address and operator class. The call sign is shown on the license. The FCC will issue public announcements detailing the procedures of the sequential call sign system. ( ii ) Vanity call sign system. The call sign is selected by the FCC from a list of call signs requested by the licensee. The call sign is shown on the license. The FCC will issue public announcements detailing the procedures of the vanity call sign system. ( iii ) Special event call sign system. The call sign is selected by the station licensee from a list of call signs shown on a common data base coordinated, maintained and disseminated by the amateur station special event call sign data base coordinators. The call sign must have the single letter prefix K, N or W, followed by a single numeral 0 through 9, followed by a single letter A through W or Y or Z (for example K1A). The special event call sign is substituted for the call sign shown on the station license grant while the station is transmitting. The FCC will issue public announcements detailing the procedures of the special event call sign system. ( 12 ) CEPT radio amateur license. A license issued by a country belonging to the European Conference of Postal and Telecommunications Administrations (CEPT) that has adopted Recommendation T/R 61-01 (Nice 1985, Paris 1992, Nicosia 2003). ( 13 ) Control operator. An amateur operator designated by the licensee of a station to be responsible for the transmissions from that station to assure compliance with the FCC Rules. ( 14 ) Control point. The location at which the control operator function is performed. ( 15 ) CSCE. Certificate of successful completion of an examination. ( 16 ) Earth station. An amateur station located on, or within 50 km of, the Earth's surface intended for communications with space stations or with other Earth stations by means of one or more other objects in space. ( 17 ) [Reserved] ( 18 ) External RF power amplifier. A device capable of increasing power output when used in conjunction with, but not an integral part of, a transmitter. ( 19 ) [Reserved] ( 20 ) FAA. Federal Aviation Administration. ( 21 ) FCC. Federal Communications Commission. ( 22 ) Frequency coordinator. An entity, recognized in a local or regional area by amateur operators whose stations are eligible to be auxiliary or repeater stations, that recommends transmit/receive channels and associated operating and technical parameters for such stations in order to avoid or minimize potential interference. ( 23 ) Harmful interference. Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with the Radio Regulations. ( 24 ) IARP (International Amateur Radio Permit). A document issued pursuant to the terms of the Inter-American Convention on an International Amateur Radio Permit by a country signatory to that Convention, other than the United States. Montrouis, Haiti. AG/doc.3216/95. ( 25 ) Indicator. Words, letters or numerals appended to and separated from the call sign during the station identification. ( 26 ) Information bulletin. A message directed only to amateur operators consisting solely of subject matter of direct interest to the amateur service. ( 27 ) In-law. A parent, stepparent, sibling, or step-sibling of a licensee's spouse; the spouse of a licensee's sibling, step-sibling, child, or stepchild; or the spouse of a licensee's spouse's sibling or step-sibling. ( 28 ) International Morse code. A dot-dash code as defined in ITU-T Recommendation F.1 (March, 1998), Division B, I. Morse code. ( 29 ) ITU. International Telecommunication Union. ( 30 ) Line A. Begins at Aberdeen, WA, running by great circle arc to the intersection of 48° N, 120° W, thence along parallel 48° N, to the intersection of 95° W, thence by great circle arc through the southernmost point of Duluth, MN, thence by great circle arc to 45° N, 85° W, thence southward along meridian 85° W, to its intersection with parallel 41° N, thence along parallel 41° N, to its intersection with meridian 82° W, thence by great circle arc through the southernmost point of Bangor, ME, thence by great circle arc through the southernmost point of Searsport, ME, at which point it terminates. ( 31 ) Local control. The use of a control operator who directly manipulates the operating adjustments in the station to achieve compliance with the FCC Rules. ( 32 ) Message forwarding system. A group of amateur stations participating in a voluntary, cooperative, interactive arrangement where communications are sent from the control operator of an originating station to the control operator of one or more destination stations by one or more forwarding stations. ( 33 ) National Radio Quiet Zone. The area in Maryland, Virginia and West Virginia Bounded by 39°15′ N on the north, 78°30′ W on the east, 37°30′ N on the south and 80°30′ W on the west. ( 34 ) Physician. For the purpose of this part, a person who is licensed to practice in a place where the amateur service is regulated by the FCC, as either a Doctor of Medicine (M.D.) or a Doctor of Osteopathy (D.O.) ( 35 ) Question pool. All current examination questions for a designated written examination element. ( 36 ) Question set. A series of examination questions on a given examination selected from the question pool. ( 37 ) Radio Regulations. The latest ITU Radio Regulations to which the United States is a party. ( 38 ) RACES (radio amateur civil emergency service). A radio service using amateur stations for civil defense communications during periods of local, regional or national civil emergencies. ( 39 ) Remote control. The use of a control operator who indirectly manipulates the operating adjustments in the station through a control link to achieve compliance with the FCC Rules. ( 40 ) Repeater. An amateur station that simultaneously retransmits the transmission of another amateur station on a different channel or channels. ( 41 ) Space station. An amateur station located more than 50 km above the Earth's surface. ( 42 ) Space telemetry. A one-way transmission from a space station of measurements made from the measuring instruments in a spacecraft, including those relating to the functioning of the spacecraft. ( 43 ) Spurious emission. An emission, or frequencies outside the necessary bandwidth of a transmission, the level of which may be reduced without affecting the information being transmitted. ( 44 ) Telecommand. A one-way transmission to initiate, modify, or terminate functions of a device at a distance. ( 45 ) Telecommand station. An amateur station that transmits communications to initiate, modify or terminate functions of a space station. ( 46 ) Telemetry. A one-way transmission of measurements at a distance from the measuring instrument. ( 47 ) Third party communications. A message from the control operator (first party) of an amateur station to another amateur station control operator (second party) on behalf of another person (third party). ( 48 ) ULS (Universal Licensing System). The consolidated database, application filing system and processing system for all Wireless Telecommunications Services. ( 49 ) VE. Volunteer examiner. ( 50 ) VEC. Volunteer-examiner coordinator. ( b ) The definitions of technical symbols used in this part are: ( 1 ) EHF (extremely high frequency). The frequency range 30-300 GHz. ( 2 ) EIRP (equivalent isotropically radiated power). The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna (absolute or isotropic gain). Note: Divide EIRP by 1.64 to convert to effective radiated power. ( 3 ) ERP (effective radiated power) (in a given direction). The product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction. Note: Multiply ERP by 1.64 to convert to equivalent isotropically radiated power. ( 4 ) HF (high frequency). The frequency range 3-30 MHz. ( 5 ) Hz. Hertz. ( 6 ) LF (low frequency). The frequency range 30-300 kHz. ( 7 ) m. Meters. ( 8 ) MF (medium frequency). The frequency range 300-3000 kHz. ( 9 ) PEP (peak envelope power). The average power supplied to the antenna transmission line by a transmitter during one RF cycle at the crest of the modulation envelope taken under normal operating conditions. ( 10 ) RF. Radio frequency. ( 11 ) SHF (super high frequency). The frequency range 3-30 GHz. ( 12 ) UHF (ultra high frequency). The frequency range 300-3000 MHz. ( 13 ) VHF (very high frequency). The frequency range 30-300 MHz. ( 14 ) W. Watts. ( c ) The following terms are used in this part to indicate emission types. Refer to § 2.201 of the FCC Rules, Emission, modulation and transmission characteristics, for information on emission type designators. ( 1 ) CW. International Morse code telegraphy emissions having designators with A, C, H, J or R as the first symbol; 1 as the second symbol; A or B as the third symbol; and emissions J2A and J2B. ( 2 ) Data. Telemetry, telecommand and computer communications emissions having ( i ) designators with A, C, D, F, G, H, J or R as the first symbol, 1 as the second symbol, and D as the third symbol; ( ii ) emission J2D; and ( iii ) emissions A1C, F1C, F2C, J2C, and J3C having an occupied bandwidth of 500 Hz or less when transmitted on an amateur service frequency below 30 MHz. Only a digital code of a type specifically authorized in this part may be transmitted. ( 3 ) Image. Facsimile and television emissions having designators with A, C, D, F, G, H, J or R as the first symbol; 1, 2 or 3 as the second symbol; C or F as the third symbol; and emissions having B as the first symbol; 7, 8 or 9 as the second symbol; W as the third symbol. ( 4 ) MCW. Tone-modulated international Morse code telegraphy emissions having designators with A, C, D, F, G, H or R as the first symbol; 2 as the second symbol; A or B as the third symbol. ( 5 ) Phone. Speech and other sound emissions having designators with A, C, D, F, G, H, J or R as the first symbol; 1, 2, 3 or X as the second symbol; E as the third symbol. Also speech emissions having B or F as the first symbol; 7, 8 or 9 as the second symbol; E as the third symbol. MCW for the purpose of performing the station identification procedure, or for providing telegraphy practice interspersed with speech. Incidental tones for the purpose of selective calling or alerting or to control the level of a demodulated signal may also be considered phone. ( 6 ) Pulse. Emissions having designators with K, L, M, P, Q, V or W as the first symbol; 0, 1, 2, 3, 7, 8, 9 or X as the second symbol; A, B, C, D, E, F, N, W or X as the third symbol. ( 7 ) RTTY. Narrow-band direct-printing telegraphy emissions having designators with A, C, D, F, G, H, J or R as the first symbol; 1 as the second symbol; B as the third symbol; and emission J2B. Only a digital code of a type specifically authorized in this part may be transmitted. ( 8 ) SS. Spread spectrum emissions using bandwidth-expansion modulation emissions having designators with A, C, D, F, G, H, J or R as the first symbol; X as the second symbol; X as the third symbol. ( 9 ) Test. Emissions containing no information having the designators with N as the third symbol. Test does not include pulse emissions with no information or modulation unless pulse emissions are also authorized in the frequency band. [ 54 FR 25857 , June 20, 1989] Editorial Note Editorial Note: For Federal Register citations affecting § 97.3 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 97.5 Station license required. ( a ) The station apparatus must be under the physical control of a person named in an amateur station license grant on the ULS consolidated license database or a person authorized for alien reciprocal operation by § 97.107 of this part , before the station may transmit on any amateur service frequency from any place that is: ( 1 ) Within 50 km of the Earth's surface and at a place where the amateur service is regulated by the FCC; ( 2 ) Within 50 km of the Earth's surface and aboard any vessel or craft that is documented or registered in the United States; or ( 3 ) More than 50 km above the Earth's surface aboard any craft that is documented or registered in the United States. ( b ) The types of station license grants are: ( 1 ) An operator/primary station license grant. One, but only one, operator/primary station license grant may be held by any one person. The primary station license is granted together with the amateur operator license. Except for a representative of a foreign government, any person who qualifies by examination is eligible to apply for an operator/primary station license grant. ( 2 ) A club station license grant. A club station license grant may be held only by the person who is the license trustee designated by an officer of the club. The trustee must be a person who holds an operator/primary station license grant. The club must be composed of at least four persons and must have a name, a document of organization, management, and a primary purpose devoted to amateur service activities consistent with this part. ( 3 ) A military recreation station license grant. A military recreation station license grant may be held only by the person who is the license custodian designated by the official in charge of the United States military recreational premises where the station is situated. The person must not be a representative of a foreign government. The person need not hold an amateur operator license grant. ( c ) The person named in the station license grant or who is authorized for alien reciprocal operation by § 97.107 of this part may use, in accordance with the applicable rules of this part, the transmitting apparatus under the physical control of the person at places where the amateur service is regulated by the FCC. ( d ) A CEPT radio-amateur license is issued to the person by the country of which the person is a citizen. The person must not: ( 1 ) Be a resident alien or citizen of the United States, regardless of any other citizenship also held; ( 2 ) Hold an FCC-issued amateur operator license nor reciprocal permit for alien amateur licensee; ( 3 ) Be a prior amateur service licensee whose FCC-issued license was revoked, suspended for less than the balance of the license term and the suspension is still in effect, suspended for the balance of the license term and relicensing has not taken place, or surrendered for cancellation following notice of revocation, suspension or monetary forfeiture proceedings; or ( 4 ) Be the subject of a cease and desist order that relates to amateur service operation and which is still in effect. ( e ) An IARP is issued to the person by the country of which the person is a citizen. The person must not: ( 1 ) Be a resident alien or citizen of the United States, regardless of any other citizenship also held; ( 2 ) Hold an FCC-issued amateur operator license nor reciprocal permit for alien amateur licensee; ( 3 ) Be a prior amateur service licensee whose FCC-issued license was revoked, suspended for less than the balance of the license term and the suspension is still in effect, suspended for the balance of the license term and relicensing has not taken place, or surrendered for cancellation following notice of revocation, suspension or monetary forfeiture proceedings; or ( 4 ) Be the subject of a cease and desist order that relates to amateur service operation and which is still in effect. [ 59 FR 54831 , Nov. 2, 1994, as amended at 62 FR 17567 , Apr. 10, 1997; 63 FR 68977 , Dec. 14, 1998; 75 FR 78169 , Dec. 15, 2010] § 97.7 Control operator required. When transmitting, each amateur station must have a control operator. The control operator must be a person: ( a ) For whom an amateur operator/primary station license grant appears on the ULS consolidated licensee database, or ( b ) Who is authorized for alien reciprocal operation by § 97.107 of this part . [ 63 FR 68978 , Dec. 14, 1998] § 97.9 Operator license grant. ( a ) The classes of amateur operator license grants are: Novice, Technician, General, Advanced, and Amateur Extra. The person named in the operator license grant is authorized to be the control operator of an amateur station with the privileges authorized to the operator class specified on the license grant. ( b ) The person named in an operator license grant of Novice, Technician, General or Advanced Class, who has properly submitted to the administering VEs a FCC Form 605 document requesting examination for an operator license grant of a higher class, and who holds a CSCE indicating that the person has completed the necessary examinations within the previous 365 days, is authorized to exercise the rights and privileges of the higher operator class until final disposition of the application or until 365 days following the passing of the examination, whichever comes first. [ 75 FR 78169 , Dec. 15, 2010] § 97.11 Stations aboard ships or aircraft. ( a ) The installation and operation of an amateur station on a ship or aircraft must be approved by the master of the ship or pilot in command of the aircraft. ( b ) The station must be separate from and independent of all other radio apparatus installed on the ship or aircraft, except a common antenna may be shared with a voluntary ship radio installation. The station's transmissions must not cause interference to any other apparatus installed on the ship or aircraft. ( c ) The station must not constitute a hazard to the safety of life or property. For a station aboard an aircraft, the apparatus shall not be operated while the aircraft is operating under Instrument Flight Rules, as defined by the FAA, unless the station has been found to comply with all applicable FAA Rules. § 97.13 Restrictions on station location. ( a ) Before placing an amateur station on land of environmental importance or that is significant in American history, architecture or culture, the licensee may be required to take certain actions prescribed by §§ 1.1305-1.1319 of this chapter . ( b ) A station within 1600 m (1 mile) of an FCC monitoring facility must protect that facility from harmful interference. Failure to do so could result in imposition of operating restrictions upon the amateur station pursuant to § 97.121 . Geographical coordinates of the facilities that require protection are listed in § 0.121(c) of this chapter . ( c ) Before causing or allowing an amateur station to transmit from any place where the operation of the station could cause human exposure to RF electromagnetic field levels in excess of those allowed under § 1.1310 of this chapter , the licensee is required to take certain actions. ( 1 ) The licensee shall ensure compliance with the Commission's radio frequency exposure requirements in §§ 1.1307(b) , 2.1091 , and 2.1093 of this chapter , where applicable. In lieu of evaluation with the general population/uncontrolled exposure limits, amateur licensees may evaluate their operation with respect to members of his or her immediate household using the occupational/controlled exposure limits in § 1.1310 , provided appropriate training and information has been accessed by the amateur licensee and members of his/her household. RF exposure of other nearby persons who are not members of the amateur licensee's household must be evaluated with respect to the general population/uncontrolled exposure limits. Appropriate methodologies and guidance for evaluating amateur radio service operation is described in the Office of Engineering and Technology ( OET ) Bulletin 65, Supplement B. ( 2 ) If the routine environmental evaluation indicates that the RF electromagnetic fields could exceed the limits contained in § 1.1310 of this chapter in accessible areas, the licensee must take action to prevent human exposure to such RF electromagnetic fields. Further information on evaluating compliance with these limits can be found in the FCC's OET Bulletin Number 65, “Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields.” [ 54 FR 25857 , June 20, 1989, as amended at 55 FR 20398 , May 16, 1990; 61 FR 41019 , Aug. 7, 1996; 62 FR 47963 , Sept. 12, 1997; 62 FR 49557 , Sept. 22, 1997; 62 FR 61448 , Nov. 18, 1997; 63 FR 68978 , Dec. 14, 1998; 65 FR 6549 , Feb. 10, 2000; 80 FR 53752 , Sept. 8, 2015; 85 FR 18151 , Apr. 1, 2020] § 97.15 Station antenna structures. ( a ) Owners of certain antenna structures more than 60.96 meters (200 feet) above ground level at the site or located near or at a public use airport must notify the Federal Aviation Administration and register with the Commission as required by part 17 of this chapter . ( b ) Except as otherwise provided herein, a station antenna structure may be erected at heights and dimensions sufficient to accommodate amateur service communications. (State and local regulation of a station antenna structure must not preclude amateur service communications. Rather, it must reasonably accommodate such communications and must constitute the minimum practicable regulation to accomplish the state or local authority's legitimate purpose. See PRB-1, 101 FCC 2d 952 (1985) for details.) ( c ) Antennas used to transmit in the 2200 m and 630 m bands must not exceed 60 meters in height above ground level. [ 64 FR 53242 , Oct. 1, 1999, as amended at 82 FR 27214 , June 14, 2017] § 97.17 Application for new license grant. ( a ) Any qualified person is eligible to apply for a new operator/primary station, club station or military recreation station license grant. No new license grant will be issued for a Novice or Advanced Class operator/primary station. ( b ) Each application for a new amateur service license grant must be filed with the FCC as follows: ( 1 ) Each candidate for an amateur radio operator license which requires the applicant to pass one or more examination elements must present the administering VEs with all information required by the rules prior to the examination. The VEs may collect all necessary information in any manner of their choosing, including creating their own forms. ( 2 ) For a new club or military recreation station license grant, each applicant must present all information required by the rules to an amateur radio organization having tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986 that provides voluntary, uncompensated and unreimbursed services in providing club and military recreation station call signs (“ Club Station Call Sign Administrator ”) who must submit the information to the FCC in an electronic batch file. The Club Station Call Sign Administrator may collect the information required by these rules in any manner of their choosing, including creating their own forms. The Club Station Call Sign Administrator must retain the applicants information for at least 15 months and make it available to the FCC upon request. The FCC will issue public announcements listing the qualified organizations that have completed a pilot autogrant batch filing project and are authorized to serve as a Club Station Call Sign Administrator. ( c ) No person shall obtain or attempt to obtain, or assist another person to obtain or attempt to obtain, an amateur service license grant by fraudulent means. ( d ) One unique call sign will be shown on the license grant of each new primary, club and military recreation station. The call sign will be selected by the sequential call sign system. Effective February 14, 2011, no club station license grants will be issued to a licensee who is shown as the license trustee on an existing club station license grant. [ 63 FR 68978 , Dec. 14, 1998, as amended at 64 FR 53242 , Oct. 1, 1999; 65 FR 6549 , Feb. 10, 2000; 75 FR 78170 , Dec. 15, 2010] § 97.19 Application for a vanity call sign. ( a ) The person named in an operator/primary station license grant or in a club station license grant is eligible to make application for modification of the license grant, or the renewal thereof, to show a call sign selected by the vanity call sign system. Effective February 14, 2011, the person named in a club station license grant that shows on the license a call sign that was selected by a trustee is not eligible for an additional vanity call sign. (The person named in a club station license grant that shows on the license a call sign that was selected by a trustee is eligible for a vanity call sign for his or her operator/primary station license grant on the same basis as any other person who holds an operator/primary station license grant.) Military recreation stations are not eligible for a vanity call sign. ( b ) Each application for a modification of an operator/primary or club station license grant, or the renewal thereof, to show a call sign selected by the vanity call sign system must be filed in accordance with § 1.913 of this chapter . ( c ) Unassigned call signs are available to the vanity call sign system with the following exceptions: ( 1 ) A call sign shown on an expired license grant is not available to the vanity call sign system for 2 years following the expiration of the license. ( 2 ) A call sign shown on a surrendered or canceled license grant (except for a license grant that is canceled pursuant to § 97.31 ) is not available to the vanity call sign system for 2 years following the date such action is taken. (The availability of a call sign shown on a license canceled pursuant to § 97.31 is governed by paragraph (c)(3) of this section.) ( i ) This 2-year period does not apply to any license grant pursuant to paragraph (c)(3)(i) , (ii) , or (iii) of this section that is surrendered, canceled, revoked, voided, or set aside because the grantee acknowledged or the Commission determined that the grantee was not eligible for the exception. In such a case, the call sign is not available to the vanity call sign system for 30 days following the date such action is taken, or for the period for which the call sign would not have been available to the vanity call sign system pursuant to paragraphs (c)(2) or (3) of this section but for the intervening grant to the ineligible applicant, whichever is later. ( ii ) An applicant to whose operator/primary station license grant, or club station license grant for which the applicant is the trustee, the call sign was previously assigned is exempt from the 2-year period set forth in paragraph (c)(2) of this section. ( 3 ) A call sign shown on a license canceled pursuant to § 97.31 of this part is not available to the vanity call sign system for 2 years following the person's death, or for 2 years following the expiration of the license grant, whichever is sooner. If, however, a license is canceled more than 2 years after the licensee's death (or within 30 days before the second anniversary of the licensee's death), the call sign is not available to the vanity call sign system for 30 days following the date such action is taken. The following applicants are exempt from this 2-year period: ( i ) An applicant to whose operator/primary station license grant, or club station license grant for which the applicant is the trustee, the call sign was previously assigned; or ( ii ) An applicant who is the spouse, child, grandchild, stepchild, parent, grandparent, stepparent, brother, sister, stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law of the person now deceased or of any other deceased former holder of the call sign, provided that the vanity call sign requested by the applicant is from the group of call signs corresponding to the same or lower class of operator license held by the applicant as designated in the sequential call sign system; or ( iii ) An applicant who is a club station license trustee acting with a written statement of consent signed by either the licensee ante mortem but who is now deceased, or by at least one relative as listed in paragraph (c)(3)(ii) of this section, of the person now deceased or of any other deceased former holder of the call sign, provided that the deceased former holder was a member of the club during his or her life. ( d ) The vanity call sign requested by an applicant must be selected from the group of call signs corresponding to the same or lower class of operator license held by the applicant as designated in the sequential call sign system. ( 1 ) The applicant must request that the call sign shown on the license grant be vacated and provide a list of up to 25 call signs in order of preference. In the event that the Commission receives more than one application requesting a vanity call sign from an applicant on the same receipt day, the Commission will process only the first such application entered into the Universal Licensing System. Subsequent vanity call sign applications from that applicant with the same receipt date will not be accepted. ( 2 ) The first assignable call sign from the applicant's list will be shown on the license grant. When none of those call signs are assignable, the call sign vacated by the applicant will be shown on the license grant. ( 3 ) Vanity call signs will be selected from those call signs assignable at the time the application is processed by the FCC. ( 4 ) A call sign designated under the sequential call sign system for Alaska, Hawaii, Caribbean Insular Areas, and Pacific Insular areas will be assigned only to a primary or club station whose licensee's mailing address is in the corresponding state, commonwealth, or island. This limitation does not apply to an applicant for the call sign as the spouse, child, grandchild, stepchild, parent, grandparent, stepparent, brother, sister, stepbrother, stepsister, aunt, uncle, niece, nephew, or in-law, of the former holder now deceased. [ 60 FR 7460 , Feb. 8, 1995, as amended at 60 FR 50123 , Sept. 28, 1995; 60 FR 53132 , Oct. 12, 1995; 63 FR 68979 , Dec. 14, 1998; 71 FR 66461 , Nov. 15, 2006; 75 FR 78170 , Dec. 15, 2010] § 97.21 Application for a modified or renewed license grant. ( a ) A person holding a valid amateur station license grant: ( 1 ) Must apply to the FCC for a modification of the license grant as necessary to show the correct mailing and email address, licensee name, club name, license trustee name, or license custodian name in accordance with § 1.913 of this chapter . For a club or military recreation station license grant, the application must be presented in document form to a Club Station Call Sign Administrator who must submit the information thereon to the FCC in an electronic batch file. The Club Station Call Sign Administrator must retain the collected information for at least 15 months and make it available to the FCC upon request. A Club Station Call Sign Administrator shall not file with the Commission any application to modify a club station license grant that was submitted by a person other than the trustee as shown on the license grant, except an application to change the club station license trustee. An application to modify a club station license grant to change the license trustee name must be submitted to a Club Station Call Sign Administrator and must be signed by an officer of the club. ( 2 ) May apply to the FCC for a modification of the operator/primary station license grant to show a higher operator class. Applicants must present the administering VEs with all information required by the rules prior to the examination. The VEs may collect all necessary information in any manner of their choosing, including creating their own forms. ( 3 ) May apply to the FCC for renewal of the license grant for another term in accordance with §§ 1.913 and 1.949 of this chapter . Application for renewal of a Technician Plus Class operator/primary station license will be processed as an application for renewal of a Technician Class operator/primary station license. ( i ) For a station license grant showing a call sign obtained through the vanity call sign system, the application must be filed in accordance with § 97.19 of this part in order to have the vanity call sign reassigned to the station. ( ii ) For a primary station license grant showing a call sign obtained through the sequential call sign system, and for a primary station license grant showing a call sign obtained through the vanity call sign system but whose grantee does not want to have the vanity call sign reassigned to the station, the application must be filed with the FCC in accordance with § 1.913 of this chapter . When the application has been received by the FCC on or before the license expiration date, the license operating authority is continued until the final disposition of the application. ( iii ) For a club station or military recreation station license grant showing a call sign obtained through the sequential call sign system, and for a club station license grant showing a call sign obtained through the vanity call sign system but whose grantee does not want to have the vanity call sign reassigned to the station, the application must be presented in document form to a Club Station Call Sign Administrator who must submit the information thereon to the FCC in an electronic batch file. The replacement call sign will be selected by the sequential call sign system. The Club Station Call Sign Administrator must retain the collected information for at least 15 months and make it available to the FCC upon request. ( b ) A person whose amateur station license grant has expired may apply to the FCC for renewal of the license grant for another term during a 2 year filing grace period. The application must be received at the address specified above prior to the end of the grace period. Unless and until the license grant is renewed, no privileges in this part are conferred. ( c ) Except as provided in paragraph (a)(3) of this section, a call sign obtained under the sequential or vanity call sign system will be reassigned to the station upon renewal or modification of a station license. [ 63 FR 68979 , Dec. 14, 1998, as amended at 64 FR 53242 , Oct. 1, 1999; 65 FR 6550 , Feb. 10, 2000; 75 FR 78170 , Dec. 15, 2010; 79 FR 35291 , July 21, 2014; 85 FR 85532 , Dec. 29, 2020] § 97.23 Mailing and email addresses. Each license grant must show the grantee's correct name, mailing address, and email address. The email address must be an address where the grantee can receive electronic correspondence. Revocation of the station license or suspension of the operator license may result when correspondence from the FCC is returned as undeliverable because the grantee failed to provide the correct email address. [ 85 FR 85533 , Dec. 29, 2020] § 97.25 License term. An amateur service license is normally granted for a 10-year term. [ 63 FR 68979 , Dec. 14, 1998] § 97.27 FCC modification of station license grant. ( a ) The FCC may modify a station license grant, either for a limited time or for the duration of the term thereof, if it determines: ( 1 ) That such action will promote the public interest, convenience, and necessity; or ( 2 ) That such action will promote fuller compliance with the provisions of the Communications Act of 1934, as amended, or of any treaty ratified by the United States. ( b ) When the FCC makes such a determination, it will issue an order of modification. The order will not become final until the licensee is notified in writing of the proposed action and the grounds and reasons therefor. The licensee will be given reasonable opportunity of no less than 30 days to protest the modification; except that, where safety of life or property is involved, a shorter period of notice may be provided. Any protest by a licensee of an FCC order of modification will be handled in accordance with the provisions of 47 U.S.C. 316 . [ 59 FR 54833 , Nov. 2, 1994, as amended at 63 FR 68979 , Dec. 14, 1998] § 97.29 Replacement license grant document. Each grantee whose amateur station license grant document is lost, mutilated or destroyed may apply to the FCC for a replacement in accordance with § 1.913 of this chapter . [ 63 FR 68979 , Dec. 14, 1998] § 97.31 Cancellation on account of the licensee's death. ( a ) A person may request cancellation of an operator/primary station license grant on account of the licensee's death by submitting a signed request that includes a death certificate, obituary, or Social Security Death Index data that shows the person named in the operator/primary station license grant has died. Such a request may be submitted as a pleading associated with the deceased licensee's license. See § 1.45 of this chapter . In addition, the Commission may cancel an operator/primary station license grant if it becomes aware of the grantee's death through other means. No action will be taken during the last thirty days of the post-expiration grace period ( see § 97.21(b) ) on a request to cancel a license due to the licensee's death. ( b ) A license that is canceled due to the licensee's death is canceled as of the date of the licensee's death. [ 75 FR 78171 , Dec. 15, 2010] Subpart B—Station Operation Standards § 97.101 General standards. ( a ) In all respects not specifically covered by FCC Rules each amateur station must be operated in accordance with good engineering and good amateur practice. ( b ) Each station licensee and each control operator must cooperate in selecting transmitting channels and in making the most effective use of the amateur service frequencies. No frequency will be assigned for the exclusive use of any station. ( c ) At all times and on all frequencies, each control operator must give priority to stations providing emergency communications, except to stations transmitting communications for training drills and tests in RACES. ( d ) No amateur operator shall willfully or maliciously interfere with or cause interference to any radio communication or signal. § 97.103 Station licensee responsibilities. ( a ) The station licensee is responsible for the proper operation of the station in accordance with the FCC Rules. When the control operator is a different amateur operator than the station licensee, both persons are equally responsible for proper operation of the station. ( b ) The station licensee must designate the station control operator. The FCC will presume that the station licensee is also the control operator, unless documentation to the contrary is in the station records. ( c ) The station licensee must make the station and the station records available for inspection upon request by an FCC representative. [ 54 FR 25857 , June 20, 1989, as amended at 71 FR 66462 , Nov. 15, 2006; 75 FR 27201 , May 14, 2010] § 97.105 Control operator duties. ( a ) The control operator must ensure the immediate proper operation of the station, regardless of the type of control. ( b ) A station may only be operated in the manner and to the extent permitted by the privileges authorized for the class of operator license held by the control operator. § 97.107 Reciprocal operating authority. A non-citizen of the United States (“alien”) holding an amateur service authorization granted by the alien's government is authorized to be the control operator of an amateur station located at places where the amateur service is regulated by the FCC, provided there is in effect a multilateral or bilateral reciprocal operating arrangement, to which the United States and the alien's government are parties, for amateur service operation on a reciprocal basis. The FCC will issue public announcements listing the countries with which the United States has such an arrangement. No citizen of the United States or person holding an FCC amateur operator/primary station license grant is eligible for the reciprocal operating authority granted by this section. The privileges granted to a control operator under this authorization are: ( a ) For an amateur service license granted by the Government of Canada: ( 1 ) The terms of the Convention Between the United States and Canada (TIAS No. 2508) Relating to the Operation by Citizens of Either Country of Certain Radio Equipment or Stations in the Other Country; ( 2 ) The operating terms and conditions of the amateur service license issued by the Government of Canada; and ( 3 ) The applicable rules of this part, but not to exceed the control operator privileges of an FCC-granted Amateur Extra Class operator license. ( b ) For an amateur service license granted by any country, other than Canada, with which the United States has a multilateral or bilateral agreement: ( 1 ) The terms of the agreement between the alien's government and the United States; ( 2 ) The operating terms and conditions of the amateur service license granted by the alien's government; ( 3 ) The applicable rules of this part, but not to exceed the control operator privileges of an FCC-granted Amateur Extra Class operator license; and ( c ) At any time the FCC may, in its discretion, modify, suspend or cancel the reciprocal operating authority granted to any person by this section. [ 63 FR 68979 , Dec. 14, 1998] § 97.109 Station control. ( a ) Each amateur station must have at least one control point. ( b ) When a station is being locally controlled, the control operator must be at the control point. Any station may be locally controlled. ( c ) When a station is being remotely controlled, the control operator must be at the control point. Any station may be remotely controlled. ( d ) When a station is being automatically controlled, the control operator need not be at the control point. Only stations specifically designated elsewhere in this part may be automatically controlled. Automatic control must cease upon notification by a Regional Director that the station is transmitting improperly or causing harmful interference to other stations. Automatic control must not be resumed without prior approval of the Regional Director. [ 54 FR 39535 , Sept. 27, 1989, as amended at 60 FR 26001 , May 16, 1995; 69 FR 24997 , May 5, 2004; 80 FR 53753 , Sept. 8, 2015] § 97.111 Authorized transmissions. ( a ) An amateur station may transmit the following types of two-way communications: ( 1 ) Transmissions necessary to exchange messages with other stations in the amateur service, except those in any country whose administration has notified the ITU that it objects to such communications. The FCC will issue public notices of current arrangements for international communications. ( 2 ) Transmissions necessary to meet essential communication needs and to facilitate relief actions. ( 3 ) Transmissions necessary to exchange messages with a station in another FCC-regulated service while providing emergency communications; ( 4 ) Transmissions necessary to exchange messages with a United States government station, necessary to providing communications in RACES; and ( 5 ) Transmissions necessary to exchange messages with a station in a service not regulated by the FCC, but authorized by the FCC to communicate with amateur stations. An amateur station may exchange messages with a participating United States military station during an Armed Forces Day Communications Test. ( b ) In addition to one-way transmissions specifically authorized elsewhere in this part, an amateur station may transmit the following types of one-way communications: ( 1 ) Brief transmissions necessary to make adjustments to the station; ( 2 ) Brief transmissions necessary to establishing two-way communications with other stations; ( 3 ) Telecommand; ( 4 ) Transmissions necessary to providing emergency communications; ( 5 ) Transmissions necessary to assisting persons learning, or improving proficiency in, the international Morse code; and ( 6 ) Transmissions necessary to disseminate information bulletins. ( 7 ) Transmissions of telemetry. [ 54 FR 25857 , June 20, 1989, as amended at 56 FR 56171 , Nov. 1, 1991; 71 FR 25982 , May 3, 2006; 71 FR 66462 , Nov. 15, 2006] § 97.113 Prohibited transmissions. ( a ) No amateur station shall transmit: ( 1 ) Communications specifically prohibited elsewhere in this part; ( 2 ) Communications for hire or for material compensation, direct or indirect, paid or promised, except as otherwise provided in these rules; ( 3 ) Communications in which the station licensee or control operator has a pecuniary interest, including communications on behalf of an employer, with the following exceptions: ( i ) A station licensee or station control operator may participate on behalf of an employer in an emergency preparedness or disaster readiness test or drill, limited to the duration and scope of such test or drill, and operational testing immediately prior to such test or drill. Tests or drills that are not government-sponsored are limited to a total time of one hour per week; except that no more than twice in any calendar year, they may be conducted for a period not to exceed 72 hours. ( ii ) An amateur operator may notify other amateur operators of the availability for sale or trade of apparatus normally used in an amateur station, provided that such activity is not conducted on a regular basis. ( iii ) A control operator may accept compensation as an incident of a teaching position during periods of time when an amateur station is used by that teacher as a part of classroom instruction at an educational institution. ( iv ) The control operator of a club station may accept compensation for the periods of time when the station is transmitting telegraphy practice or information bulletins, provided that the station transmits such telegraphy practice and bulletins for at least 40 hours per week; schedules operations on at least six amateur service MF and HF bands using reasonable measures to maximize coverage; where the schedule of normal operating times and frequencies is published at least 30 days in advance of the actual transmissions; and where the control operator does not accept any direct or indirect compensation for any other service as a control operator. ( 4 ) Music using a phone emission except as specifically provided elsewhere in this section; communications intended to facilitate a criminal act; messages encoded for the purpose of obscuring their meaning, except as otherwise provided herein; obscene or indecent words or language; or false or deceptive messages, signals or identification. ( 5 ) Communications, on a regular basis, which could reasonably be furnished alternatively through other radio services. ( b ) An amateur station shall not engage in any form of broadcasting, nor may an amateur station transmit one-way communications except as specifically provided in these rules; nor shall an amateur station engage in any activity related to program production or news gathering for broadcasting purposes, except that communications directly related to the immediate safety of human life or the protection of property may be provided by amateur stations to broadcasters for dissemination to the public where no other means of communication is reasonably available before or at the time of the event. ( c ) No station shall retransmit programs or signals emanating from any type of radio station other than an amateur station, except propagation and weather forecast information intended for use by the general public and originated from United States Government stations, and communications, including incidental music, originating on United States Government frequencies between a manned spacecraft and its associated Earth stations. Prior approval for manned spacecraft communications retransmissions must be obtained from the National Aeronautics and Space Administration. Such retransmissions must be for the exclusive use of amateur radio operators. Propagation, weather forecasts, and manned spacecraft communications retransmissions may not be conducted on a regular basis, but only occasionally, as an incident of normal amateur radio communications. ( d ) No amateur station, except an auxiliary, repeater, or space station, may automatically retransmit the radio signals of other amateur station. [ 58 FR 43072 , Aug. 13, 1993; 58 FR 47219 , Sept. 8, 1993, as amended at 71 FR 25982 , May 3, 2006; 71 FR 66462 , Nov. 15, 2006; 75 FR 46857 , Aug. 4, 2010; 79 FR 35291 , June 20, 2014] § 97.115 Third party communications. ( a ) An amateur station may transmit messages for a third party to: ( 1 ) Any station within the jurisdiction of the United States. ( 2 ) Any station within the jurisdiction of any foreign government when transmitting emergency or disaster relief communications and any station within the jurisdiction of any foreign government whose administration has made arrangements with the United States to allow amateur stations to be used for transmitting international communications on behalf of third parties. No station shall transmit messages for a third party to any station within the jurisdiction of any foreign government whose administration has not made such an arrangement. This prohibition does not apply to a message for any third party who is eligible to be a control operator of the station. ( b ) The third party may participate in stating the message where: ( 1 ) The control operator is present at the control point and is continuously monitoring and supervising the third party's participation; and ( 2 ) The third party is not a prior amateur service licensee whose license was revoked or not renewed after hearing and re-licensing has not taken place; suspended for less than the balance of the license term and the suspension is still in effect; suspended for the balance of the license term and re-licensing has not taken place; or surrendered for cancellation following notice of revocation, suspension or monetary forfeiture proceedings. The third party may not be the subject of a cease and desist order which relates to amateur service operation and which is still in effect. ( c ) No station may transmit third party communications while being automatically controlled except a station transmitting a RTTY or data emission. ( d ) At the end of an exchange of international third party communications, the station must also transmit in the station identification procedure the call sign of the station with which a third party message was exchanged. [ 54 FR 25857 , June 20, 1989; 54 FR 39535 , Sept. 27, 1989, as amended at 71 FR 25982 , May 3, 2006; 71 FR 66462 , Nov. 15, 2006] § 97.117 International communications. Transmissions to a different country, where permitted, shall be limited to communications incidental to the purposes of the amateur service and to remarks of a personal character. [ 71 FR 25982 , May 3, 2006] § 97.119 Station identification. ( a ) Each amateur station, except a space station or telecommand station, must transmit its assigned call sign on its transmitting channel at the end of each communication, and at least every 10 minutes during a communication, for the purpose of clearly making the source of the transmissions from the station known to those receiving the transmissions. No station may transmit unidentified communications or signals, or transmit as the station call sign, any call sign not authorized to the station. ( b ) The call sign must be transmitted with an emission authorized for the transmitting channel in one of the following ways: ( 1 ) By a CW emission. When keyed by an automatic device used only for identification, the speed must not exceed 20 words per minute; ( 2 ) By a phone emission in the English language. Use of a phonetic alphabet as an aid for correct station identification is encouraged; ( 3 ) By a RTTY emission using a specified digital code when all or part of the communications are transmitted by a RTTY or data emission; ( 4 ) By an image emission conforming to the applicable transmission standards, either color or monochrome, of § 73.682(a) of the FCC Rules when all or part of the communications are transmitted in the same image emission ( c ) One or more indicators may be included with the call sign. Each indicator must be separated from the call sign by the slant mark (/) or by any suitable word that denotes the slant mark. If an indicator is self-assigned, it must be included before, after, or both before and after, the call sign. No self-assigned indicator may conflict with any other indicator specified by the FCC Rules or with any prefix assigned to another country. ( d ) When transmitting in conjunction with an event of special significance, a station may substitute for its assigned call sign a special event call sign as shown for that station for that period of time on the common data base coordinated, maintained and disseminated by the special event call sign data base coordinators. Additionally, the station must transmit its assigned call sign at least once per hour during such transmissions. ( e ) When the operator license class held by the control operator exceeds that of the station licensee, an indicator consisting of the call sign assigned to the control operator's station must be included after the call sign. ( f ) When the control operator is a person who is exercising the rights and privileges authorized by § 97.9(b) of this part , an indicator must be included after the call sign as follows: ( 1 ) For a control operator who has requested a license modification from Novice Class to Technical Class: KT; ( 2 ) For a control operator who has requested a license modification from Novice or Technician to General Class: AG; ( 3 ) For a control operator who has requested a license modification from Novice, Technician, General, or Advanced Class to Amateur Extra Class: AE. ( g ) When the station is transmitting under the authority of § 97.107 of this part , an indicator consisting of the appropriate letter-numeral designating the station location must be included before the call sign that was issued to the station by the country granting the license. For an amateur service license granted by the Government of Canada, however, the indicator must be included after the call sign. At least once during each intercommunication, the identification announcement must include the geographical location as nearly as possible by city and state, commonwealth or possession. [ 54 FR 25857 , June 20, 1989, as amended at 54 FR 39535 , Sept. 27, 1989; 55 FR 30457 , July 26, 1990; 56 FR 28 , Jan. 2, 1991; 62 FR 17567 , Apr. 10, 1997; 63 FR 68980 , Dec. 14, 1998; 64 FR 51471 , Sept. 23, 1999; 66 FR 20752 , Apr. 25, 2001; 75 FR 78171 , Dec. 15, 2010] § 97.121 Restricted operation. ( a ) If the operation of an amateur station causes general interference to the reception of transmissions from stations operating in the domestic broadcast service when receivers of good engineering design, including adequate selectivity characteristics, are used to receive such transmissions, and this fact is made known to the amateur station licensee, the amateur station shall not be operated during the hours from 8 p.m. to 10:30 p.m., local time, and on Sunday for the additional period from 10:30 a.m. until 1 p.m., local time, upon the frequency or frequencies used when the interference is created. ( b ) In general, such steps as may be necessary to minimize interference to stations operating in other services may be required after investigation by the FCC. Subpart C—Special Operations § 97.201 Auxiliary station. ( a ) Any amateur station licensed to a holder of a Technician, General, Advanced or Amateur Extra Class operator license may be an auxiliary station. A holder of a Technician, General, Advanced or Amateur Extra Class operator license may be the control operator of an auxiliary station, subject to the privileges of the class of operator license held. ( b ) An auxiliary station may transmit only on the 2 m and shorter wavelength bands, except the 144.0-144.5 MHz, 145.8-146.0 MHz, 219-220 MHz, 222.00-222.15 MHz, 431-433 MHz, and 435-438 MHz segments. ( c ) Where an auxiliary station causes harmful interference to another auxiliary station, the licensees are equally and fully responsible for resolving the interference unless one station's operation is recommended by a frequency coordinator and the other station's is not. In that case, the licensee of the non-coordinated auxiliary station has primary responsibilty to resolve the interference. ( d ) An auxiliary station may be automatically controlled. ( e ) An auxiliary station may transmit one-way communications. [ 54 FR 25857 , June 20, 1989, as amended at 56 FR 56171 , Nov. 1, 1991; 60 FR 15687 , Mar. 27, 1995; 63 FR 68980 , Dec. 14, 1998; 71 FR 66462 , Nov. 15, 2006; 75 FR 78171 , Dec. 15, 2010] § 97.203 Beacon station. ( a ) Any amateur station licensed to a holder of a Technician, General, Advanced or Amateur Extra Class operator license may be a beacon. A holder of a Technician, General, Advanced or Amateur Extra Class operator license may be the control operator of a beacon, subject to the privileges of the class of operator license held. ( b ) A beacon must not concurrently transmit on more than 1 channel in the same amateur service frequency band, from the same station location. ( c ) The transmitter power of a beacon must not exceed 100 W. ( d ) A beacon may be automatically controlled while it is transmitting on the 28.20-28.30 MHz, 50.06-50.08 MHz, 144.275-144.300 MHz, 222.05-222.06 MHz or 432.300-432.400 MHz segments, or on the 33 cm and shorter wavelength bands. ( e ) Before establishing an automatically controlled beacon in the National Radio Quiet Zone or before changing the transmitting frequency, transmitter power, antenna height or directivity, the station licensee must give written notification thereof to the Interference Office, National Radio Astronomy Observatory, P.O. Box 2, Green Bank, WV 24944. ( 1 ) The notification must include the geographical coordinates of the antenna, antenna ground elevation above mean sea level (AMSL), antenna center of radiation above ground level (AGL), antenna directivity, proposed frequency, type of emission, and transmitter power. ( 2 ) If an objection to the proposed operation is received by the FCC from the National Radio Astronomy Observatory at Green Bank, Pocahontas County, WV, for itself or on behalf of the Naval Research Laboratory at Sugar Grove, Pendleton County, WV, within 20 days from the date of notification, the FCC will consider all aspects of the problem and take whatever action is deemed appropriate. ( f ) A beacon must cease transmissions upon notification by a Regional Director that the station is operating improperly or causing undue interference to other operations. The beacon may not resume transmitting without prior approval of the Regional Director. ( g ) A beacon may transmit one-way communications. [ 54 FR 25857 , June 20, 1989, as amended at 55 FR 9323 , Mar. 13, 1990; 56 FR 19610 , Apr. 29, 1991; 56 FR 32517 , July 17, 1991; 62 FR 55536 , Oct. 27, 1997; 63 FR 41204 , Aug. 3, 1998; 63 FR 68980 , Dec. 14, 1998; 69 FR 24997 , May 5, 2004; 71 FR 66462 , Nov. 15, 2006; 75 FR 78171 , Dec. 15, 2010; 80 FR 53753 , Sept. 8, 2015] § 97.205 Repeater station. ( a ) Any amateur station licensed to a holder of a Technician, General, Advanced or Amateur Extra Class operator license may be a repeater. A holder of a Technician, General, Advanced or Amateur Extra Class operator license may be the control operator of a repeater, subject to the privileges of the class of operator license held. ( b ) A repeater may receive and retransmit only on the 10 m and shorter wavelength frequency bands except the 28.0-29.5 MHz, 50.0-51.0 MHz, 144.0-144.5 MHz, 145.5-146.0 MHz, 222.00-222.15 MHz, 431.0-433.0 Mhz, and 435.0-438.0 Mhz segments. ( c ) Where the transmissions of a repeater cause harmful interference to another repeater, the two station licensees are equally and fully responsible for resolving the interference unless the operation of one station is recommended by a frequency coordinator and the operation of the other station is not. In that case, the licensee of the non-coordinated repeater has primary responsibility to resolve the interference. ( d ) A repeater may be automatically controlled. ( e ) Ancillary functions of a repeater that are available to users on the input channel are not considered remotely controlled functions of the station. Limiting the use of a repeater to only certain user stations is permissible. ( f ) [Reserved] ( g ) The control operator of a repeater that retransmits inadvertently communications that violate the rules in this part is not accountable for the violative communications. ( h ) The provisions of this paragraph do not apply to repeaters that transmit on the 1.2 cm or shorter wavelength bands. Before establishing a repeater within 16 km (10 miles) of the Arecibo Observatory or before changing the transmitting frequency, transmitter power, antenna height or directivity of an existing repeater, the station licensee must give written notification thereof to the Interference Office, Arecibo Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612, in writing or electronically, of the technical parameters of the proposal. Licensees who choose to transmit information electronically should e-mail to: prcz@naic.edu . ( 1 ) The notification shall state the geographical coordinates of the antenna (NAD-83 datum), antenna height above mean sea level (AMSL), antenna center of radiation above ground level (AGL), antenna directivity and gain, proposed frequency and FCC Rule Part, type of emission, effective radiated power, and whether the proposed use is itinerant. Licensees may wish to consult interference guidelines provided by Cornell University. ( 2 ) If an objection to the proposed operation is received by the FCC from the Arecibo Observatory, Arecibo, Puerto Rico, within 20 days from the date of notification, the FCC will consider all aspects of the problem and take whatever action is deemed appropriate. The licensee will be required to make reasonable efforts in order to resolve or mitigate any potential interference problem with the Arecibo Observatory. [ 54 FR 25857 , June 20, 1989, as amended at 55 FR 4613 , Feb. 9, 1990; 56 FR 32517 , July 17, 1991; 58 FR 64385 , Dec. 7, 1993; 59 FR 18975 , Apr. 21, 1994; 62 FR 55536 , Oct. 27, 1997; 63 FR 41205 , Aug. 3, 1998; 63 FR 68980 , Dec. 14, 1998; 69 FR 24997 , May 5, 2004; 70 FR 31374 , June 1, 2005] § 97.207 Space station. Cross Reference Link to an amendment published at 89 FR 65223 , Aug. 9, 2024. ( a ) Any amateur station may be a space station. A holder of any class operator license may be the control operator of a space station, subject to the privileges of the class of operator license held by the control operator. ( b ) A space station must be capable of effecting a cessation of transmissions by telecommand whenever such cessation is ordered by the FCC. ( c ) The following frequency bands and segments are authorized to space stations: ( 1 ) The 17 m, 15 m, 12 m, and 10 m bands, 6 mm, 4 mm, 2 mm and 1 mm bands; and ( 2 ) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz, 2400-2450 MHz, 5.83-5.85 GHz, 10.45-10.50 GHz, and 24.00-24.05 GHz segments. ( d ) A space station may automatically retransmit the radio signals of Earth stations and other space stations. ( e ) A space station may transmit one-way communications. ( f ) Space telemetry transmissions may consist of specially coded messages intended to facilitate communications or related to the function of the spacecraft. ( g ) The license grantee of each space station must make the following written notifications to the Space Bureau, FCC, Washington, DC 20554. ( 1 ) A pre-space notification within 30 days after the date of launch vehicle determination, but no later than 90 days before integration of the space station into the launch vehicle. The notification must be in accordance with the provisions of Articles 9 and 11 of the International Telecommunication Union (ITU) Radio Regulations and must specify the information required by Appendix 4 and Resolution No. 642 of the ITU Radio Regulations. The notification must also include a description of the design and operational strategies that the space station will use to mitigate orbital debris, including the following information: ( i ) A statement that the space station operator has assessed and limited the amount of debris released in a planned manner during normal operations. Where applicable, this statement must include an orbital debris mitigation disclosure for any separate deployment devices, distinct from the space station launch vehicle, that may become a source of orbital debris; ( ii ) A statement indicating whether the space station operator has assessed and limited the probability that the space station(s) will become a source of debris by collision with small debris or meteoroids that would cause loss of control and prevent disposal. The statement must indicate whether this probability for an individual space station is 0.01 (1 in 100) or less, as calculated using the NASA Debris Assessment Software or a higher fidelity assessment tool; ( iii ) A statement that the space station operator has assessed and limited the probability, during and after completion of mission operations, of accidental explosions or of release of liquids that will persist in droplet form. This statement must include a demonstration that debris generation will not result from the conversion of energy sources on board the spacecraft into energy that fragments the spacecraft. Energy sources include chemical, pressure, and kinetic energy. This demonstration should address whether stored energy will be removed at the spacecraft's end of life, by depleting residual fuel and leaving all fuel line valves open, venting any pressurized system, leaving all batteries in a permanent discharge state, and removing any remaining source of stored energy, or through other equivalent procedures specifically disclosed in the application; ( iv ) A statement that the space station operator has assessed and limited the probability of the space station(s) becoming a source of debris by collisions with large debris or other operational space stations. ( A ) Where the application is for an NGSO space station or system, the following information must also be included: ( 1 ) A demonstration that the space station operator has assessed and limited the probability of collision between any space station of the system and other large objects (10 cm or larger in diameter) during the total orbital lifetime of the space station, including any de-orbit phases, to less than 0.001 (1 in 1,000). The probability shall be calculated using the NASA Debris Assessment Software or a higher fidelity assessment tool. The collision risk may be assumed zero for a space station during any period in which the space station will be maneuvered effectively to avoid colliding with large objects. ( 2 ) The statement must identify characteristics of the space station(s)' orbits that may present a collision risk, including any planned and/or operational space stations in those orbits, and indicate what steps, if any, have been taken to coordinate with the other spacecraft or system, or what other measures the operator plans to use to avoid collision. ( 3 ) If at any time during the space station(s)' mission or de-orbit phase the space station(s) will transit through the orbits used by any inhabitable spacecraft, including the International Space Station, the statement must describe the design and operational strategies, if any, that will be used to minimize the risk of collision and avoid posing any operational constraints to the inhabitable spacecraft. ( 4 ) The statement must disclose the accuracy, if any, with which orbital parameters will be maintained, including apogee, perigee, inclination, and the right ascension of the ascending node(s). In the event that a system is not be maintained to specific orbital tolerances, e.g., its propulsion system will not be used for orbital maintenance, that fact should be included in the debris mitigation disclosure. Such systems must also indicate the anticipated evolution over time of the orbit of the proposed satellite or satellites. All systems must describe the extent of satellite maneuverability, whether or not the space station design includes a propulsion system. ( 5 ) The space station operator must certify that upon receipt of a space situational awareness conjunction warning, the operator will review and take all possible steps to assess the collision risk, and will mitigate the collision risk if necessary. As appropriate, steps to assess and mitigate the collision risk should include, but are not limited to: Contacting the operator of any active spacecraft involved in such a warning; sharing ephemeris data and other appropriate operational information with any such operator; and modifying space station attitude and/or operations. ( B ) Where a space station requests the assignment of a geostationary orbit location, it must assess whether there are any known satellites located at, or reasonably expected to be located at, the requested orbital location, or assigned in the vicinity of that location, such that the station keeping volumes of the respective satellites might overlap or touch. If so, the statement must include a statement as to the identities of those parties and the measures that will be taken to prevent collisions. ( v ) A statement addressing the trackability of the space station(s). Space station(s) operating in low-Earth orbit will be presumed trackable if each individual space station is 10 cm or larger in its smallest dimension, exclusive of deployable components. Where the application is for an NGSO space station or system, the statement shall also disclose the following: ( A ) How the operator plans to identify the space station(s) following deployment and whether space station tracking will be active or passive; ( B ) Whether, prior to deployment, the space station(s) will be registered with the 18th Space Control Squadron or successor entity; and ( C ) The extent to which the space station operator plans to share information regarding initial deployment, ephemeris, and/or planned maneuvers with the 18th Space Control Squadron or successor entity, other entities that engage in space situational awareness or space traffic management functions, and/or other operators. ( vi ) A statement disclosing planned proximity operations, if any, and addressing debris generation that will or may result from the proposed operations, including any planned release of debris, the risk of accidental explosions, the risk of accidental collision, and measures taken to mitigate those risks. ( vii ) A statement detailing the disposal plans for the space station, including the quantity of fuel—if any—that will be reserved for disposal maneuvers. In addition, the following specific provisions apply: ( A ) For geostationary orbit space stations, the statement must disclose the altitude selected for a disposal orbit and the calculations that are used in deriving the disposal altitude. ( B ) For space stations terminating operations in an orbit in or passing through the low-Earth orbit region below 2,000 km altitude, the statement must disclose whether the spacecraft will be disposed of either through atmospheric re-entry, specifying if direct retrieval of the spacecraft will be used. The statement must also disclose the expected time in orbit for the space station following the completion of the mission. ( C ) For space stations not covered by either paragraph (g)(1)(vii)(A) or (B) of this section, the statement must indicate whether disposal will involve use of a storage orbit or long-term atmospheric re-entry and rationale for the selected disposal plan. ( D ) For all NGSO space stations under paragraph (g)(1)(vii)(B) or (C) of this section, the following additional specific provisions apply: ( 1 ) The statement must include a demonstration that the probability of success of the chosen disposal method will be 0.9 or greater for any individual space station. For space station systems consisting of multiple space stations, the demonstration should include additional information regarding efforts to achieve a higher probability of success, with a goal, for large systems, of a probability of success for any individual space station of 0.99 or better. For space stations under paragraph (g)(1)(vii)(B) of this section that will be terminating operations in or passing through low-Earth orbit, successful disposal is defined as atmospheric re-entry of the spacecraft within 25 years or less following completion of the mission. For space stations under paragraph (g)(1)(vii)(C) of this section, successful disposal will be assessed on a case-by-case basis. ( 2 ) If planned disposal is by atmospheric re-entry, the statement must also include: ( i ) A disclosure indicating whether the atmospheric re-entry will be an uncontrolled re-entry or a controlled targeted reentry. ( ii ) An assessment as to whether portions of any individual spacecraft will survive atmospheric re-entry and impact the surface of the Earth with a kinetic energy in excess of 15 joules, and demonstration that the calculated casualty risk for an individual spacecraft using the NASA Debris Assessment Software or a higher fidelity assessment tool is less than 0.0001 (1 in 10,000). ( viii ) If any material item described in this notification changes before launch, a replacement pre-space notification shall be filed with the Space Bureau no later than 90 days before integration of the space station into the launch vehicle. ( 2 ) An in-space station notification is required no later than 7 days following initiation of space station transmissions. This notification must update the information contained in the pre-space notification. ( 3 ) A post-space station notification is required no later than 3 months after termination of the space station transmissions. When termination of transmissions is ordered by the FCC, the notification is required no later than 24 hours after termination of transmissions. [ 54 FR 25857 , June 20, 1989, as amended at 54 FR 39535 , Sept. 27, 1989; 56 FR 56171 , Nov. 1, 1991; 57 FR 32736 , July 23, 1992; 60 FR 50124 , Sept. 28, 1995; 63 FR 68980 , Dec. 14, 1998; 69 FR 54588 , Sept. 9, 2004; 71 FR 66462 , Nov. 15, 2006; 75 FR 27201 , May 14, 2010; 85 FR 52453 , Aug. 25, 2020; 85 FR 64068 , Oct. 9, 2020; 88 FR 21451 , Apr. 10, 2023] § 97.209 Earth station. ( a ) Any amateur station may be an Earth station. A holder of any class operator license may be the control operator of an Earth station, subject to the privileges of the class of operator license held by the control operator. ( b ) The following frequency bands and segments are authorized to Earth stations: ( 1 ) The 17 m, 15 m, 12 m, and 10 m bands, 6 mm, 4 mm, 2 mm and 1 mm bands; and ( 2 ) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz, 1260-1270 MHz and 2400-2450 MHz, 5.65-5.67 GHz, 10.45-10.50 GHz and 24.00-24.05 GHz segments. [ 54 FR 25857 , June 20, 1989, as amended at 54 FR 39535 , Sept. 27, 1989; 85 FR 64068 , Oct. 9, 2020; 85 FR 69515 , Nov. 3, 2020] § 97.211 Space telecommand station. ( a ) Any amateur station designated by the licensee of a space station is eligible to transmit as a telecommand station for that space station, subject to the privileges of the class of operator license held by the control operator. ( b ) A telecommand station may transmit special codes intended to obscure the meaning of telecommand messages to the station in space operation. ( c ) The following frequency bands and segments are authorized to telecommand stations: ( 1 ) The 17 m, 15 m, 12 m and 10 m bands, 6 mm, 4 mm, 2 mm and 1 mm bands; and ( 2 ) The 7.0-7.1 MHz, 14.00-14.25 MHz, 144-146 MHz, 435-438 MHz, 1260-1270 MHz and 2400-2450 MHz, 5.65-5.67 GHz, 10.45-10.50 GHz and 24.00-24.05 GHz segments. ( d ) A telecommand station may transmit one-way communications. [ 54 FR 25857 , June 20, 1989, as amended at 54 FR 39535 , Sept. 27, 1989; 56 FR 56171 , Nov. 1, 1991; 85 FR 64068 , Oct. 9, 2020] § 97.213 Telecommand of an amateur station. An amateur station on or within 50 km of the Earth's surface may be under telecommand where: ( a ) There is a radio or wireline control link between the control point and the station sufficient for the control operator to perform his/her duties. If radio, the control link must use an auxiliary station. A control link using a fiber optic cable or another telecommunication service is considered wireline. ( b ) Provisions are incorporated to limit transmission by the station to a period of no more than 3 minutes in the event of malfunction in the control link. ( c ) The station is protected against making, willfully or negligently, unauthorized transmissions. ( d ) A photocopy of the station license and a label with the name, address, and telephone number of the station licensee and at least one designated control operator is posted in a conspicuous place at the station location. [ 54 FR 25857 , June 20, 1989, as amended at 56 FR 56171 , Nov. 1, 1991] § 97.215 Telecommand of model craft. An amateur station transmitting signals to control a model craft may be operated as follows: ( a ) The station identification procedure is not required for transmissions directed only to the model craft, provided that a label indicating the station call sign and the station licensee's name and address is affixed to the station transmitter. ( b ) The control signals are not considered codes or ciphers intended to obscure the meaning of the communication. ( c ) The transmitter power must not exceed 1 W. [ 54 FR 25857 , June 20, 1989, as amended at 56 FR 56171 , Nov. 1, 1991] § 97.217 Telemetry. Telemetry transmitted by an amateur station on or within 50 km of the Earth's surface is not considered to be codes or ciphers intended to obscure the meaning of communications. [ 56 FR 56172 , Nov. 1, 1991. Redesignated at 59 FR 18975 , Apr. 21, 1994] § 97.219 Message forwarding system. ( a ) Any amateur station may participate in a message forwarding system, subject to the privileges of the class of operator license held. ( b ) For stations participating in a message forwarding system, the control operator of the station originating a message is primarily accountable for any violation of the rules in this part contained in the message. ( c ) Except as noted in (d) of this section, for stations participating in a message forwarding system, the control operators of forwarding stations that retransmit inadvertently communications that violate the rules in this part are not accountable for the violative communications. They are, however, responsible for discontinuing such communications once they become aware of their presence. ( d ) For stations participating in a message forwarding system, the control operator of the first forwarding station must: ( 1 ) Authenticate the identity of the station from which it accepts communications on behalf of the system; or ( 2 ) Accept accountability for any violation of the rules in this part contained in messages it retransmits to the system. [ 59 FR 18975 , Apr. 21, 1994] § 97.221 Automatically controlled digital station. ( a ) This rule section does not apply to an auxiliary station, a beacon station, a repeater station, an earth station, a space station, or a space telecommand station. ( b ) A station may be automatically controlled while transmitting a RTTY or data emission on the 6 m or shorter wavelength bands, and on the 28.120-28.189 MHz, 24.925-24.930 MHz, 21.090-21.100 MHz, 18.105-18.110 MHz, 14.0950-14.0995 MHz, 14.1005-14.112 MHz, 10.140-10.150 MHz, 7.100-7.105 MHz, or 3.585-3.600 MHz segments. ( c ) Except for channels specified in § 97.303(h) , a station may be automatically controlled while transmitting a RTTY or data emission on any other frequency authorized for such emission types provided that: ( 1 ) The station is responding to interrogation by a station under local or remote control; and ( 2 ) No transmission from the automatically controlled station occupies a bandwidth of more than 500 Hz. [ 60 FR 26001 , May 16, 1995, as amended at 72 FR 3082 , Jan. 24, 2007; 77 FR 5412 , Feb. 3, 2012] Subpart D—Technical Standards § 97.301 Authorized frequency bands. The following transmitting frequency bands are available to an amateur station located within 50 km of the Earth's surface, within the specified ITU Region, and outside any area where the amateur service is regulated by any authority other than the FCC. ( a ) For a station having a control operator who has been granted a Technician, General, Advanced, or Amateur Extra Class operator license or who holds a CEPT radio-amateur license or IARP of any class: Wavelength band ITU Region 1 ITU Region 2 ITU Region 3 Sharing requirements see § 97.303 (paragraph) VHF MHz MHz MHz 6 m 50-54 50-54 (a). 2 m 144-146 144-148 144-148 (a), (k). 1.25 m 219-220 (l). Do 222-225 (a). UHF MHz MHz MHz 70 cm 430-440 420-450 430-440 (a), (b), (m). 33 cm 902-928 (a), (b), (e), (n). 23 cm 1240-1300 1240-1300 1240-1300 (b), (d), (o). 13 cm 2300-2310 2300-2310 2300-2310 (d), (p). Do 2390-2450 2390-2450 2390-2450 (d), (e), (p). SHF GHz GHz GHz 5 cm 5.650-5.850 5.650-5.925 5.650-5.850 (a), (b), (e), (r). 3 cm 10.0-10.5 10.0-10.5 10.0-10.5 (a), (b), (k). 1.2 cm 24.00-24.25 24.00-24.25 24.00-24.25 (b), (d), (e). EHF GHz GHz GHz 6 mm 47.0-47.2 47.0-47.2 47.0-47.2 4 mm 76-81 76-81 76-81 (c), (f), (s). 2.5 mm 122.25-123.00 122.25-123.00 122.25-123.00 (e), (t). 2 mm 134-141 134-141 134-141 (c), (f). 1 mm 241-250 241-250 241-250 (c), (e), (f). Above 275 Above 275 Above 275 (f). ( b ) For a station having a control operator who has been granted an Amateur Extra Class operator license, who holds a CEPT radio amateur license, or who holds a Class 1 IARP license: Wavelength band ITU Region 1 ITU Region 2 ITU Region 3 Sharing requirements see § 97.303 (paragraph) LF kHz kHz kHz 2200 m 135.7-137.8 135.7-137.8 135.7-137.8 (a), (g). Wavelength band ITU region 1 ITU region 2 ITU region 3 Sharing requirements see § 97.303 (paragraph) MF kHz kHz kHz 160 m 1810-1850 1800-2000 1800-2000 (a) 630 m 472-479 472-479 472-479 (g). HF MHz MHz MHz 80 m 3.500-3.600 3.500-3.600 3.500-3.600 (a) 75 m 3.600-3.800 3.600-4.000 3.600-3.900 (a) 60 m See § 97.303(h) (h) 40 m 7.000-7.200 7.000-7.300 7.000-7.200 (i) 30 m 10.100-10.150 10.100-10.150 10.100-10.150 (j) 20 m 14.000-14.350 14.000-14.350 14.000-14.350 17 m 18.068-18.168 18.068-18.168 18.068-18.168 15 m 21.000-21.450 21.000-21.450 21.000-21.450 12 m 24.890-24.990 24.890-24.990 24.890-24.990 10 m 28.000-29.700 28.000-29.700 28.000-29.700 ( c ) For a station having a control operator who has been granted an operator license of Advanced Class: Wavelength band ITU Region 1 ITU Region 2 ITU Region 3 Sharing requirements see § 97.303 (paragraph) LF kHz kHz kHz 2200 m 135.7-137.8 135.7-137.8 135.7-137.8 (a), (g). Wavelength band ITU region 1 ITU region 2 ITU region 3 Sharing requirements see § 97.303 (Paragraph) MF kHz kHz kHz 160 m 1810-1850 1800-2000 1800-2000 (a) 630 m 472-479 472-479 472-479 (g). HF MHz MHz MHz 80 m 3.525-3.600 3.525-3.600 3.525-3.600 (a) 75 m 3.700-3.800 3.700-4.000 3.700-3.900 (a) 60 m See § 97.303(h) (h) 40 m 7.025-7.200 7.025-7.300 7.025-7.200 (i) 30 m 10.100-10.150 10.100-10.150 10.100-10.150 (j) 20 m 14.025-14.150 14.025-14.150 14.025-14.150 Do 14.175-14.350 14.175-14.350 14.175-14.350 17 m 18.068-18.168 18.068-18.168 18.068-18.168 15 m 21.025-21.200 21.025-21.200 21.025-21.200 Do 21.225-21.450 21.225-21.450 21.225-21.450 12 m 24.890-24.990 24.890-24.990 24.890-24.990 10 m 28.000-29.700 28.000-29.700 28.000-29.700 ( d ) For a station having a control operator who has been granted an operator license of General Class: Wavelength band ITU Region 1 ITU Region 2 ITU Region 3 Sharing requirements see § 97.303 (paragraph) LF kHz kHz kHz 2200 m 135.7-137.8 135.7-137.8 135.7-137.8 (a), (g). Wavelength band ITU region 1 ITU region 2 ITU region 3 Sharing requirements see § 97.303 (paragraph) MF kHz kHz kHz 160 m 1810-1850 1800-2000 1800-2000 (a) 630 m 472-479 472-479 472-479 (g). HF MHz MHz MHz 80 m 3.525-3.600 3.525-3.600 3.525-3.600 (a) 75 m 3.800-4.000 3.800-3.900 (a) 60 m See § 97.303(h) (h) 40 m 7.025-7.125 7.025-7.125 7.025-7.125 (i) Do 7.175-7.200 7.175-7.300 7.175-7.200 (i) 30 m 10.100-10.150 10.100-10.150 10.100-10.150 (j) 20 m 14.025-14.150 14.025-14.150 14.025-14.150 Do 14.225-14.350 14.225-14.350 14.225-14.350 17 m 18.068-18.168 18.068-18.168 18.068-18.168 15 m 21.025-21.200 21.025-21.200 21.025-21.200 Do 21.275-21.450 21.275-21.450 21.275-21.450 12 m 24.890-24.990 24.890-24.990 24.890-24.990 10 m 28.000-29.700 28.000-29.700 28.000-29.700 ( e ) For a station having a control operator who has been granted an operator license of Novice Class or Technician Class: Wavelength band ITU region 1 ITU region 2 ITU region 3 Sharing requirements see § 97.303 (paragraph) HF MHz MHz MHz 80 m 3.525-3.600 3.525-3.600 3.525-3.600 (a) 40 m 7.025-7.125 7.025-7.125 7.025-7.125 (i) 15 m 21.025-21.200 21.025-21.200 21.025-21.200 10 m 28.0-28.5 28.0-28.5 28.0-28.5 VHF MHz MHz MHz 1.25 m 222-225 (a) UHF MHz MHz MHz 23 cm 1270-1295 1270-1295 1270-1295 (d), (o) [ 75 FR 27201 , May 14, 2010, as amended at 75 FR 78171 , Dec. 15, 2010; 80 FR 38911 , July 7, 2015; 82 FR 27214 , June 14, 2017; 85 FR 64068 , Oct. 9, 2020] § 97.303 Frequency sharing requirements. The following paragraphs summarize the frequency sharing requirements that apply to amateur stations transmitting in the frequency bands specified in § 97.301 of this part . Each frequency band allocated to the amateur service is designated as either a secondary service or a primary service. A station in a secondary service must not cause harmful interference to, and must accept interference from, stations in a primary service. ( a ) Where, in adjacent ITU Regions or sub-Regions, a band of frequencies is allocated to different services of the same category ( i.e., primary or secondary services), the basic principle is the equality of right to operate. Accordingly, stations of each service in one Region or sub-Region must operate so as not to cause harmful interference to any service of the same or higher category in the other Regions or sub-Regions. ( b ) Amateur stations transmitting in the 70 cm band, the 33 cm band, the 23 cm band, the 5 cm band, the 3 cm band, or the 24.05-24.25 GHz segment must not cause harmful interference to, and must accept interference from, stations authorized by the United States Government in the radiolocation service. ( c ) Amateur stations transmitting in the 76-81 GHz segment, the 136-141 GHz segment, or the 241-248 GHz segment must not cause harmful interference to, and must accept interference from, stations authorized by the United States Government, the FCC, or other nations in the radiolocation service. ( d ) Amateur stations transmitting in the 430-450 MHz segment, the 23 cm band, the 3.3-3.4 GHz segment, the 5.65-5.85 GHz segment, the 13 cm band, or the 24.05-24.25 GHz segment, must not cause harmful interference to, and must accept interference from, stations authorized by other nations in the radiolocation service. ( e ) Amateur stations receiving in the 33 cm band, the 2400-2450 MHz segment, the 5.725-5.875 GHz segment, the 1.2 cm band, the 2.5 mm band, or the 244-246 GHz segment must accept interference from industrial, scientific, and medical (ISM) equipment. ( f ) Amateur stations transmitting in the following segments must not cause harmful interference to radio astronomy stations: 76-81 GHz, 136-141 GHz, 241-248 GHz, 275-323 GHz, 327-371 GHz, 388-424 GHz, 426-442 GHz, 453-510 GHz, 623-711 GHz, 795-909 GHz, or 926-945 GHz. In addition, amateur stations transmitting in the following segments must not cause harmful interference to stations in the Earth exploration-satellite service (passive) or the space research service (passive): 275-286 GHz, 296-306 GHz, 313-356 GHz, 361-365 GHz, 369-392 GHz, 397-399 GHz, 409-411 GHz, 416-434 GHz, 439-467 GHz, 477-502 GHz, 523-527 GHz, 538-581 GHz, 611-630 GHz, 634-654 GHz, 657-692 GHz, 713-718 GHz, 729-733 GHz, 750-754 GHz, 771-776 GHz, 823-846 GHz, 850-854 GHz, 857-862 GHz, 866-882 GHz, 905-928 GHz, 951-956 GHz, 968-973 GHz and 985-990 GHz. ( g ) In the 2200 m and 630 m bands: ( 1 ) Amateur stations in the 135.7-137.8 kHz (2200 m) and 472-479 kHz (630 m) bands shall only operate at fixed locations. Amateur stations shall not operate within a horizontal distance of one kilometer from a transmission line that conducts a power line carrier (PLC) signal in the 135.7-137.8 kHz or 472-479 kHz bands. Horizontal distance is measured from the station's antenna to the closest point on the transmission line. ( 2 ) Prior to commencement of operations in the 135.7-137.8 kHz (2200 m) and/or 472-479 kHz (630 m) bands, amateur operators shall notify the Utilities Telecom Council (UTC) of their intent to operate by submitting their call signs, intended band or bands of operation, and the coordinates of their antenna's fixed location. Amateur stations will be permitted to commence operations after the 30-day period unless UTC notifies the station that its fixed location is located within one kilometer of PLC systems operating in the same or overlapping frequencies. ( 3 ) Amateur stations in the 135.7-137.8 kHz (2200 m) band shall not cause harmful interference to, and shall accept interference from: ( i ) Stations authorized by the United States Government in the fixed and maritime mobile services; ( ii ) Stations authorized by other nations in the fixed, maritime mobile, and radionavigation service. ( 4 ) Amateur stations in the 472-479 kHz (630 m) band shall not cause harmful interference to, and shall accept interference from: ( i ) Stations authorized by the FCC in the maritime mobile service; ( ii ) Stations authorized by other nations in the maritime mobile and aeronautical radionavigation services. ( 5 ) Amateur stations causing harmful interference shall take all necessary measures to eliminate such interference—including temporary or permanent termination of transmissions. ( h ) 60 m band: ( 1 ) In the 5330.5-5406.4 kHz band (60 m band), amateur stations may transmit only on the five center frequencies specified in the table below. In order to meet this requirement, control operators of stations transmitting phone, data, and RTTY emissions (emission designators 2K80J3E, 2K80J2D, and 60H0J2B, respectively) may set the carrier frequency 1.5 kHz below the center frequency as specified in the table below. For CW emissions (emission designator 150HA1A), the carrier frequency is set to the center frequency. Amateur operators shall ensure that their emissions do not occupy more than 2.8 kHz centered on each of these center frequencies. 60 M Band Frequencies (kHz) Carrier Center 5330.5 5332.0 5346.5 5348.0 5357.0 5358.5 5371.5 5373.0 5403.5 5405.0 ( 2 ) Amateur stations transmitting on the 60 m band must not cause harmful interference to, and must accept interference from, stations authorized by: ( i ) The United States (NTIA and FCC) and other nations in the fixed service; and ( ii ) Other nations in the mobile except aeronautical mobile service. ( i ) Amateur stations transmitting in the 7.2-7.3 MHz segment must not cause harmful interference to, and must accept interference from, international broadcast stations whose programming is intended for use within Region 1 or Region 3. ( j ) Amateur stations transmitting in the 30 m band must not cause harmful interference to, and must accept interference from, stations by other nations in the fixed service. The licensee of the amateur station must make all necessary adjustments, including termination of transmissions, if harmful interference is caused. ( k ) For amateur stations located in ITU Regions 1 and 3: Amateur stations transmitting in the 146-148 MHz segment or the 10.00-10.45 GHz segment must not cause harmful interference to, and must accept interference from, stations of other nations in the fixed and mobile services. ( l ) In the 219-220 MHz segment: ( 1 ) Use is restricted to amateur stations participating as forwarding stations in fixed point-to-point digital message forwarding systems, including intercity packet backbone networks. It is not available for other purposes. ( 2 ) Amateur stations must not cause harmful interference to, and must accept interference from, stations authorized by: ( i ) The FCC in the Automated Maritime Telecommunications System (AMTS), the 218-219 MHz Service, and the 220 MHz Service, and television stations broadcasting on channels 11 and 13; and ( ii ) Other nations in the fixed and maritime mobile services. ( 3 ) No amateur station may transmit unless the licensee has given written notification of the station's specific geographic location for such transmissions in order to be incorporated into a database that has been made available to the public. The notification must be given at least 30 days prior to making such transmissions. The notification must be given to: The American Radio Relay League, Inc., 225 Main Street, Newington, CT 06111-1494. ( 4 ) No amateur station may transmit from a location that is within 640 km of an AMTS coast station that operates in the 217-218 MHz and 219-220 MHz bands unless the amateur station licensee has given written notification of the station's specific geographic location for such transmissions to the AMTS licensee. The notification must be given at least 30 days prior to making such transmissions. The location of AMTS coast stations using the 217-218/219-220 MHz channels may be obtained as noted in paragraph (l)(3) of this section. ( 5 ) No amateur station may transmit from a location that is within 80 km of an AMTS coast station that uses frequencies in the 217-218 MHz and 219-220 MHz bands unless that amateur station licensee holds written approval from that AMTS licensee. The location of AMTS coast stations using the 217-218/219-220 MHz channels may be obtained as noted in paragraph (l)(3) of this section. ( m ) In the 70 cm band: ( 1 ) No amateur station shall transmit from north of Line A in the 420-430 MHz segment. See § 97.3(a) for the definition of Line A. ( 2 ) Amateur stations transmitting in the 420-430 MHz segment must not cause harmful interference to, and must accept interference from, stations authorized by the FCC in the land mobile service within 80.5 km of Buffalo, Cleveland, and Detroit. See § 2.106 , footnote US230 for specific frequencies and coordinates. ( 3 ) Amateur stations transmitting in the 420-430 MHz segment or the 440-450 MHz segment must not cause harmful interference to, and must accept interference from, stations authorized by other nations in the fixed and mobile except aeronautical mobile services. ( n ) In the 33 cm band: ( 1 ) Amateur stations must not cause harmful interference to, and must accept interference from, stations authorized by: ( i ) The United States Government; ( ii ) The FCC in the Location and Monitoring Service; and ( iii ) Other nations in the fixed service. ( 2 ) No amateur station shall transmit from those portions of Texas and New Mexico that are bounded by latitudes 31°41′ and 34°30′ North and longitudes 104°11′ and 107°30′ West; or from outside of the United States and its Region 2 insular areas. ( 3 ) No amateur station shall transmit from those portions of Colorado and Wyoming that are bounded by latitudes 39° and 42° North and longitudes 103° and 108° West in the following segments: 902.4-902.6 MHz, 904.3-904.7 MHz, 925.3-925.7 MHz, and 927.3-927.7 MHz. ( o ) Amateur stations transmitting in the 23 cm band must not cause harmful interference to, and must accept interference from, stations authorized by: ( 1 ) The United States Government in the aeronautical radionavigation, Earth exploration-satellite (active), or space research (active) services; ( 2 ) The FCC in the aeronautical radionavigation service; and ( 3 ) Other nations in the Earth exploration-satellite (active), radionavigation-satellite (space-to-Earth) (space-to-space), or space research (active) services. ( p ) In the 13 cm band: ( 1 ) Amateur stations must not cause harmful interference to, and must accept interference from, stations authorized by other nations in fixed and mobile services. ( 2 ) Amateur stations transmitting in the 2305-2310 MHz segment must not cause harmful interference to, and must accept interference from, stations authorized by the FCC in the fixed, mobile except aeronautical mobile, and radiolocation services. ( q ) [Reserved] ( r ) In the 5 cm band: ( 1 ) Amateur stations transmitting in the 5.650-5.725 GHz segment must not cause harmful interference to, and must accept interference from, stations authorized by other nations in the mobile except aeronautical mobile service. ( 2 ) Amateur stations transmitting in the 5.850-5.925 GHz segment must not cause harmful interference to, and must accept interference from, stations authorized by the FCC and other nations in the fixed-satellite (Earth-to-space) and mobile services and also stations authorized by other nations in the fixed service. In the United States, the use of mobile service is restricted to Dedicated Short Range Communications operating in the Intelligent Transportation System. ( s ) [Reserved] ( t ) Amateur stations transmitting in the 2.5 mm band must not cause harmful interference to, and must accept interference from, stations authorized by the United States Government, the FCC, or other nations in the fixed, inter-satellite, or mobile services. Note to § 97.303 : The Table of Frequency Allocations contains the complete, unabridged, and legally binding frequency sharing requirements that pertain to the Amateur Radio Service. See 47 CFR 2.104 , 2.105 , and 2.106 . The United States, Puerto Rico, and the U.S. Virgin Islands are in Region 2 and other U.S. insular areas are in either Region 2 or 3; see appendix 1 to part 97. [ 75 FR 27203 , May 14, 2010, as amended at 77 FR 5412 , Feb. 3, 2012; 80 FR 38912 , July 7, 2015; 82 FR 27215 , June 14, 2017; 82 FR 43872 , Sept. 20, 2017; 85 FR 64068 , Oct. 9, 2020] § 97.305 Authorized emission types. ( a ) Except as specified elsewhere in this part, an amateur station may transmit a CW emission on any frequency authorized to the control operator. ( b ) A station may transmit a test emission on any frequency authorized to the control operator for brief periods for experimental purposes, except that no pulse modulation emission may be transmitted on any frequency where pulse is not specifically authorized and no SS modulation emission may be transmitted on any frequency where SS is not specifically authorized. ( c ) A station may transmit the following emission types on the frequencies indicated, as authorized to the control operator, subject to the standards specified in § 97.307(f) : Wavelength band Frequencies Emission types authorized Standards see § 97.307 , paragraph(s): (1) LF: (i) 2200 m Entire band RTTY, data (f)(3). (ii) 2200 m Entire band Phone, image (f)(1), (2). (2) MF: (i) 630 m Entire band RTTY, data (f)(3). (ii) 630 m Entire band Phone, image (f)(1), (2). (iii) 160 m Entire band RTTY, data (f)(3). (iv) 160 m Entire band Phone, image (f)(1), (2). (3) HF: (i) 80 m Entire band RTTY, data (f)(3), (9). (ii) 75 m Entire band Phone, image (f)(1), (2). (iii) 60 m 5.332, 5.348, 5.3585, 5.373 and 5.405 MHz Phone, RTTY, data (f)(14). (iv) 40 m 7.000-7.100 MHz RTTY, data (f)(3), (9). (v) 40 m 7.075-7.100 MHz Phone, image (f)(1), (2), (9), (11). (vi) 40 m 7.100-7.125 MHz RTTY, data (f)(3), (9). (vii) 40 m 7.125-7.300 MHz Phone, image (f)(1), (2). (viii) 30 m Entire band RTTY, data (f)(3). (ix) 20 m 14.00-14.15 MHz RTTY, data (f)(3). (x) 20 m 14.15-14.35 MHz Phone, image (f)(1), (2). (xi) 17 m 18.068-18.110 MHz RTTY, data (f)(3). (xii) 17 m 18.110-18.168 MHz Phone, image (f)(1), (2). (xiii) 15 m 21.0-21.2 MHz RTTY, data (f)(3), (9). (xiv) 15 m 21.20-21.45 MHz Phone, image (f)(1), (2). (xv) 12 m 24.89-24.93 MHz RTTY, data (f)(3). (xvi) 12 m 24.93-24.99 MHz Phone, image (f)(1), (2). (xvii) 10 m 28.0-28.3 MHz RTTY, data (f)(3). (xviii) 10 m 28.3-28.5 MHz Phone, image (f)(1), (2), (10). (xix) 10 m 28.5-29.0 MHz Phone, image (f)(1), (2). (xx) 10 m 29.0-29.7 MHz Phone, image (f)(2). (4) VHF: (i) 6 m 50.1-51.0 MHz MCW, phone, image, RTTY, data (f)(2), (5). (ii) 6 m 51.0-54.0 MHz MCW, phone, image, RTTY, data, test (f)(2), (5), (8). (iii) 2 m 144.1-148.0 MHz MCW, phone, image, RTTY, data, test (f)(2), (5), (8). (iv) 1.25 m 219-220 MHz Data (f)(13). (v) 1.25m 222-225 MHz RTTY, data, test MCW, phone, SS, image (f)(2), (6), (8). (5) UHF: (i) 70 cm Entire band MCW, phone, image, RTTY, data, SS, test (f)(6), (8). (ii) 33 cm Entire band MCW, phone, image, RTTY, data, SS, test, pulse (f)(7), (8), and (12). (iii) 23 cm Entire band MCW, phone, image, RTTY, data, SS, test (f)(7), (8), and (12). (iv) 13 cm Entire band MCW, phone, image, RTTY, data, SS, test, pulse (f)(7), (8), and (12). (6) SHF: (i) 5 cm Entire band MCW, phone, image, RTTY, data, SS, test, pulse (f)(7), (8), and (12). (ii) 3 cm Entire band MCW, phone, image, RTTY, data, SS, test (f)(7), (8), and (12). (iii) 1.2 cm Entire band MCW, phone, image, RTTY, data, SS, test, pulse (f)(7), (8), and (12). (7) EHF: (i) 6 mm Entire band MCW, phone, image, RTTY, data, SS, test, pulse (f)(7), (8), and (12). (ii) 4 mm Entire band MCW, phone, image, RTTY, data, SS, test, pulse (f)(7), (8), and (12). (iii) 2.5 mm Entire band MCW, phone, image, RTTY, data, SS, test, pulse (f)(7), (8), and (12). (iv) 2 mm Entire band MCW, phone, image, RTTY, data, SS, test, pulse (f)(7), (8), and (12). (v) 1 mm Entire band MCW, phone, image, RTTY, data, SS, test, pulse (f)(7), (8), and (12). (vi) 1 mm Above 275 GHz MCW, phone, image, RTTY, data, SS, test, pulse (f)(7), (8), and (12). [ 54 FR 25857 , June 20, 1989; 54 FR 39536 , Sept. 27, 1989; 55 FR 22013 , May 30, 1990, as amended at 55 FR 30457 , July 26, 1990; 60 FR 15688 , Mar. 27, 1995; 64 FR 51471 , Sept. 23, 1999; 71 FR 66465 , Nov. 15, 2006; 75 FR 27204 , May 14, 2010; 77 FR 5412 , Feb. 3, 2012; 82 FR 27215 , June 14, 2017; 85 FR 64069 , Oct. 9, 2020; 88 FR 85127 , Dec. 7, 2023] § 97.307 Emission standards. ( a ) No amateur station transmission shall occupy more bandwidth than necessary for the information rate and emission type being transmitted, in accordance with good amateur practice. ( b ) Emissions resulting from modulation must be confined to the band or segment available to the control operator. Emissions outside the necessary bandwidth must not cause splatter or keyclick interference to operations on adjacent frequencies. ( c ) All spurious emissions from a station transmitter must be reduced to the greatest extent practicable. If any spurious emission, including chassis or power line radiation, causes harmful interference to the reception of another radio station, the licensee of the interfering amateur station is required to take steps to eliminate the interference, in accordance with good engineering practice. ( d ) For transmitters installed after January 1, 2003, the mean power of any spurious emission from a station transmitter or external RF power amplifier transmitting on a frequency below 30 MHz must be at least 43 dB below the mean power of the fundamental emission. For transmitters installed on or before January 1, 2003, the mean power of any spurious emission from a station transmitter or external RF power amplifier transmitting on a frequency below 30 MHz must not exceed 50 mW and must be at least 40 dB below the mean power of the fundamental emission. For a transmitter of mean power less than 5 W installed on or before January 1, 2003, the attenuation must be at least 30 dB. A transmitter built before April 15, 1977, or first marketed before January 1, 1978, is exempt from this requirement. ( e ) The mean power of any spurious emission from a station transmitter or external RF power amplifier transmitting on a frequency between 30-225 MHz must be at least 60 dB below the mean power of the fundamental. For a transmitter having a mean power of 25 W or less, the mean power of any spurious emission supplied to the antenna transmission line must not exceed 25 µW and must be at least 40 dB below the mean power of the fundamental emission, but need not be reduced below the power of 10 µW. A transmitter built before April 15, 1977, or first marketed before January 1, 1978, is exempt from this requirement. ( f ) The following standards and limitations apply to transmissions on the frequencies specified in § 97.305(c) . ( 1 ) No angle-modulated emission may have a modulation index greater than 1 at the highest modulation frequency. ( 2 ) No non-phone emission shall exceed the bandwidth of a communications quality phone emission of the same modulation type. The total bandwidth of an independent sideband emission (having B as the first symbol), or a multiplexed image and phone emission, shall not exceed that of a communications quality A3E emission. ( 3 ) Only a RTTY or data emission using a specified digital code listed in § 97.309(a) may be transmitted. The authorized bandwidth is 2.8 kHz except in the 2200 m band and 630 m band. In the 2200 m band and the 630 m band the symbol rate must not exceed 300 bauds, or for frequency-shift keying, the frequency shift between mark and space must not exceed 1 kHz. ( 4 ) [Reserved] ( 5 ) A RTTY, data or multiplexed emission using a specified digital code listed in § 97.309(a) may be transmitted. The symbol rate must not exceed 19.6 kilobauds. A RTTY, data or multiplexed emission using an unspecified digital code under the limitations listed in § 97.309(b) also may be transmitted. The authorized bandwidth is 20 kHz. ( 6 ) A RTTY, data or multiplexed emission using a specified digital code listed in § 97.309(a) may be transmitted. The symbol rate must not exceed 56 kilobauds. A RTTY, data or multiplexed emission using an unspecified digital code under the limitations listed in § 97.309(b) also may be transmitted. The authorized bandwidth is 100 kHz. ( 7 ) A RTTY, data or multiplexed emission using a specified digital code listed in § 97.309(a) or an unspecified digital code under the limitations listed in § 97.309(b) may be transmitted. ( 8 ) A RTTY or data emission having designators with A, B, C, D, E, F, G, H, J or R as the first symbol; 1, 2, 7, 9 or X as the second symbol; and D or W as the third symbol is also authorized. ( 9 ) A station having a control operator holding a Novice or Technician Class operator license may only transmit a CW emission using the international Morse code. ( 10 ) A station having a control operator holding a Novice Class operator license or a Technician Class operator license may only transmit a CW emission using the international Morse code or phone emissions J3E and R3E. ( 11 ) Phone and image emissions may be transmitted only by stations located in ITU Regions 1 and 3, and by stations located within ITU Region 2 that are west of 130° West longitude or south of 20° North latitude. ( 12 ) Emission F8E may be transmitted. ( 13 ) A data emission using an unspecified digital code under the limitations listed in § 97.309(b) also may be transmitted. The authorized bandwidth is 100 kHz. ( 14 ) In the 60 m band: ( i ) A station may transmit only phone, RTTY, data, and CW emissions using the emission designators and any additional restrictions that are specified in the table below (except that the use of a narrower necessary bandwidth is permitted): Table 1 to Paragraph (f)(14)(i)—60 M Band Emission Requirements Emission type Emission designator Restricted to: Phone 2K80J3E Upper sideband transmissions (USB). Data 2K80J2D USB (for example, PACTOR-III). RTTY 60H0J2B USB (for example, PSK31). CW 150HA1A Morse telegraphy by means of on-off keying. ( ii ) The following requirements also apply: ( A ) When transmitting the phone, RTTY, and data emissions, the suppressed carrier frequency may be set as specified in § 97.303(h) . ( B ) The control operator of a station transmitting data or RTTY emissions must exercise care to limit the length of transmission so as to avoid causing harmful interference to United States Government stations. [ 54 FR 25857 , June 20, 1989; 54 FR 30823 , July 24, 1989, as amended at 54 FR 39537 , Sept. 27, 1989; 60 FR 15688 , Mar. 27, 1995; 65 FR 6550 , Feb. 10, 2000; 69 FR 24997 , May 5, 2004; 77 FR 5412 , Feb. 3, 2012; 79 FR 35291 , June 20, 2014; 88 FR 85128 , Dec. 7, 2023] § 97.309 RTTY and data emission codes. ( a ) Where authorized by §§ 97.305(c) and 97.307(f) of the part, an amateur station may transmit a RTTY or data emission using the following specified digital codes: ( 1 ) The 5-unit, start-stop, International Telegraph Alphabet No. 2, code defined in ITU-T Recommendation F.1, Division C (commonly known as “Baudot”). ( 2 ) The 7-unit code specified in ITU-R Recommendations M.476-5 and M.625-3 (commonly known as “AMTOR”). ( 3 ) The 7-unit, International Alphabet No. 5, code defined in IT--T Recommendation T.50 (commonly known as “ASCII”). ( 4 ) An amateur station transmitting a RTTY or data emission using a digital code specified in this paragraph may use any technique whose technical characteristics have been documented publicly, such as CLOVER, G-TOR, or PacTOR, for the purpose of facilitating communications. ( b ) Where authorized by §§ 97.305(c) and 97.307(f) , a station may transmit a RTTY or data emission using an unspecified digital code, except to a station in a country with which the United States does not have an agreement permitting the code to be used. RTTY and data emissions using unspecified digital codes must not be transmitted for the purpose of obscuring the meaning of any communication. When deemed necessary by a Regional Director to assure compliance with the FCC Rules, a station must: ( 1 ) Cease the transmission using the unspecified digital code; ( 2 ) Restrict transmissions of any digital code to the extent instructed; ( 3 ) Maintain a record, convertible to the original information, of all digital communications transmitted. [ 54 FR 25857 , June 20, 1989, as amended at 54 FR 39537 , Sept. 27, 1989; 56 FR 56172 , Nov. 1, 1991; 60 FR 55486 , Nov. 1, 1995; 71 FR 25982 , May 3, 2006; 71 FR 66465 , Nov. 15, 2006; 80 FR 53753 , Sept. 8, 2015] § 97.311 SS emission types. ( a ) SS emission transmissions by an amateur station are authorized only for communications between points within areas where the amateur service is regulated by the FCC and between an area where the amateur service is regulated by the FCC and an amateur station in another country that permits such communications. SS emission transmissions must not be used for the purpose of obscuring the meaning of any communication. ( b ) A station transmitting SS emissions must not cause harmful interference to stations employing other authorized emissions, and must accept all interference caused by stations employing other authorized emissions. ( c ) When deemed necessary by a Regional Director to assure compliance with this part, a station licensee must: ( 1 ) Cease SS emission transmissions; ( 2 ) Restrict SS emission transmissions to the extent instructed; and ( 3 ) Maintain a record, convertible to the original information (voice, text, image, etc.) of all spread spectrum communications transmitted. [ 64 FR 51471 , Sept. 23, 1999, as amended at 76 FR 17569 , Mar. 30, 2011; 80 FR 53753 , Sept. 8, 2015] § 97.313 Transmitter power standards. ( a ) An amateur station must use the minimum transmitter power necessary to carry out the desired communications. ( b ) No station may transmit with a transmitter power exceeding 1.5 kW PEP. ( c ) No station may transmit with a transmitter power output exceeding 200 W PEP: ( 1 ) On the 10.10-10.15 MHz segment; ( 2 ) On the 3.525-3.60 MHz, 7.025-7.125 MHz, 21.025-21.20 MHz, and 28.0-28.5 MHz segment when the control operator is a Novice Class operator or a Technician Class operator; or ( 3 ) The 7.050-7.075 MHz segment when the station is within ITU Regions 1 or 3. ( d ) No station may transmit with a transmitter power exceeding 25 W PEP on the VHF 1.25 m band when the control operator is a Novice operator. ( e ) No station may transmit with a transmitter power exceeding 5 W PEP on the UHF 23 cm band when the control operator is a Novice operator. ( f ) No station may transmit with a transmitter power exceeding 50 W PEP on the UHF 70 cm band from an area specified in paragraph (a) of footnote US270 in § 2.106 , unless expressly authorized by the FCC after mutual agreement, on a case-by-case basis, between the Regional Director of the applicable field facility and the military area frequency coordinator at the applicable military base. An Earth station or telecommand station, however, may transmit on the 435-438 MHz segment with a maximum of 611 W effective radiated power (1 kW equivalent isotropically radiated power) without the authorization otherwise required. The transmitting antenna elevation angle between the lower half-power (−3 dB relative to the peak or antenna bore sight) point and the horizon must always be greater than 10°. ( g ) No station may transmit with a transmitter power exceeding 50 W PEP on the 33 cm band from within 241 km of the boundaries of the White Sands Missile Range. Its boundaries are those portions of Texas and New Mexico bounded on the south by latitude 31°41′ North, on the east by longitude 104°11′ West, on the north by latitude 34°30′ North, and on the west by longitude 107°30′ West. ( h ) No station may transmit with a transmitter power exceeding 50 W PEP on the 219-220 MHz segment of the 1.25 m band. ( i ) No station may transmit with an effective radiated power (ERP) exceeding 100 W PEP on the 60 m band. For the purpose of computing ERP, the transmitter PEP will be multiplied by the antenna gain relative to a half-wave dipole antenna. A half-wave dipole antenna will be presumed to have a gain of 1 (0 dBd). Licensees using other antennas must maintain in their station records either the antenna manufacturer's data on the antenna gain or calculations of the antenna gain. ( j ) No station may transmit with a transmitter output exceeding 10 W PEP when the station is transmitting a SS emission type. ( k ) No station may transmit in the 135.7-137.8 kHz (2200 m) band with a transmitter power exceeding 1.5 kW PEP or a radiated power exceeding 1 W EIRP. ( l ) No station may transmit in the 472-479 kHz (630 m) band with a transmitter power exceeding 500 W PEP or a radiated power exceeding 5 W EIRP, except that in Alaska, stations located within 800 kilometers of the Russian Federation may not transmit with a radiated power exceeding 1 W EIRP. ( m ) No station may transmit with a peak equivalent isotropically radiated power (EIRP) exceeding 316 W in the 76-81 GHz (4 mm) band. [ 54 FR 25857 , June 20, 1989, as amended at 56 FR 37161 , Aug. 5, 1991; 56 FR 3043 , Jan. 28, 1991; 60 FR 15688 , Mar. 27, 1995; 65 FR 6550 , Feb. 10, 2000; 71 FR 66465 , Nov. 15, 2006; 75 FR 27204 , May 14, 2010; 75 FR 78171 , Dec. 15, 2010; 76 FR 17569 , Mar. 30, 2011; 77 FR 5413 , Feb. 3, 2012; 80 FR 53753 , Sept. 8, 2015; 82 FR 27216 , June 14, 2017; 82 FR 43872 , Sept. 20, 2017] § 97.315 Certification of external RF power amplifiers. ( a ) Any external RF power amplifier (see § 2.815 of the FCC Rules) manufactured or imported for use at an amateur radio station must be certificated for use in the amateur service in accordance with subpart J of part 2 of the FCC Rules. No amplifier capable of operation below 144 MHz may be constructed or modified by a non-amateur service licensee without a grant of certification from the FCC. ( b ) The requirement of paragraph (a) does not apply if one or more of the following conditions are met: ( 1 ) The amplifier is constructed or modified by an amateur radio operator for use at an amateur station. ( 2 ) The amplifier was manufactured before April 28, 1978, and has been issued a marketing waiver by the FCC, or the amplifier was purchased before April 28, 1978, by an amateur radio operator for use at that operator's station. ( 3 ) The amplifier is sold to an amateur radio operator or to a dealer, the amplifier is purchased in used condition by a dealer, or the amplifier is sold to an amateur radio operator for use at that operator's station. ( c ) Any external RF power amplifier appearing in the Commission's database as certificated for use in the amateur service may be marketed for use in the amateur service. [ 71 FR 66465 , Nov. 15, 2006] § 97.317 Standards for certification of external RF power amplifiers. ( a ) To receive a grant of certification, the amplifier must: ( 1 ) Satisfy the spurious emission standards of § 97.307 (d) or (e) of this part , as applicable, when the amplifier is operated at the lesser of 1.5 kW PEP or its full output power and when the amplifier is placed in the “standby” or “off” positions while connected to the transmitter. ( 2 ) Not be capable of amplifying the input RF power (driving signal) by more than 15 dB gain. Gain is defined as the ratio of the input RF power to the output RF power of the amplifier where both power measurements are expressed in peak envelope power or mean power. ( 3 ) Exhibit no amplification (0 dB gain) between 26 MHz and 28 MHz. ( b ) Certification shall be denied when: ( 1 ) The Commission determines the amplifier can be used in services other than the Amateur Radio Service, or ( 2 ) The amplifier can be easily modified to operate on frequencies between 26 MHz and 28 MHz. [ 71 FR 66465 , Nov. 15, 2006] Subpart E—Providing Emergency Communications § 97.401 Operation during a disaster. A station in, or within 92.6 km (50 nautical miles) of, Alaska may transmit emissions J3E and R3E on the channel at 5.1675 MHz (assigned frequency 5.1689 MHz) for emergency communications. The channel must be shared with stations licensed in the Alaska-Private Fixed Service. The transmitter power must not exceed 150 W PEP. A station in, or within 92.6 km of, Alaska may transmit communications for tests and training drills necessary to ensure the establishment, operation, and maintenance of emergency communication systems. [ 71 FR 66465 , Nov. 15, 2006] § 97.403 Safety of life and protection of property. No provision of these rules prevents the use by an amateur station of any means of radiocommunication at its disposal to provide essential communication needs in connection with the immediate safety of human life and immediate protection of property when normal communication systems are not available. § 97.405 Station in distress. ( a ) No provision of these rules prevents the use by an amateur station in distress of any means at its disposal to attract attention, make known its condition and location, and obtain assistance. ( b ) No provision of these rules prevents the use by a station, in the exceptional circumstances described in paragraph (a) of this section, of any means of radiocommunications at its disposal to assist a station in distress. § 97.407 Radio amateur civil emergency service. ( a ) No station may transmit in RACES unless it is an FCC-licensed primary, club, or military recreation station and it is certified by a civil defense organization as registered with that organization. No person may be the control operator of an amateur station transmitting in RACES unless that person holds a FCC-issued amateur operator license and is certified by a civil defense organization as enrolled in that organization. ( b ) The frequency bands and segments and emissions authorized to the control operator are available to stations transmitting communications in RACES on a shared basis with the amateur service. In the event of an emergency which necessitates invoking the President's War Emergency Powers under the provisions of section 706 of the Communications Act of 1934, as amended, 47 U.S.C. 606 , amateur stations participating in RACES may only transmit on the frequency segments authorized pursuant to part 214 of this chapter . ( c ) An amateur station registered with a civil defense organization may only communicate with the following stations upon authorization of the responsible civil defense official for the organization with which the amateur station is registered: ( 1 ) An amateur station registered with the same or another civil defense organization; and ( 2 ) A station in a service regulated by the FCC whenever such communication is authorized by the FCC. ( d ) All communications transmitted in RACES must be specifically authorized by the civil defense organization for the area served. Only civil defense communications of the following types may be transmitted: ( 1 ) Messages concerning impending or actual conditions jeopardizing the public safety, or affecting the national defense or security during periods of local, regional, or national civil emergencies; ( 2 ) Messages directly concerning the immediate safety of life of individuals, the immediate protection of property, maintenance of law and order, alleviation of human suffering and need, and the combating of armed attack or sabotage; ( 3 ) Messages directly concerning the accumulation and dissemination of public information or instructions to the civilian population essential to the activities of the civil defense organization or other authorized governmental or relief agencies; and ( 4 ) Communications for RACES training drills and tests necessary to ensure the establishment and maintenance of orderly and efficient operation of the RACES as ordered by the responsible civil defense organization served. Such drills and tests may not exceed a total time of 1 hour per week. With the approval of the chief officer for emergency planning in the applicable State, Commonwealth, District or territory, however, such tests and drills may be conducted for a period not to exceed 72 hours no more than twice in any calendar year. [ 75 FR 78171 , Dec. 15, 2010] Subpart F—Qualifying Examination Systems § 97.501 Qualifying for an amateur operator license. Each applicant must pass an examination for a new amateur operator license grant and for each change in operator class. Each applicant for the class of operator license grant specified below must pass, or otherwise receive examination credit for, the following examination elements: ( a ) Amateur Extra Class operator: Elements 2, 3, and 4; ( b ) General Class operator: Elements 2 and 3; ( c ) Technician Class operator: Element 2. [ 65 FR 6550 , Feb. 10, 2000, as amended at 72 FR 3082 , Jan. 24, 2007] § 97.503 Element standards. A written examination must be such as to prove that the examinee possesses the operational and technical qualifications required to perform properly the duties of an amateur service licensee. Each written examination must be comprised of a question set as follows: ( a ) Element 2: 35 questions concerning the privileges of a Technician Class operator license. The minimum passing score is 26 questions answered correctly. ( b ) Element 3: 35 questions concerning the privileges of a General Class operator license. The minimum passing score is 26 questions answered correctly. ( c ) Element 4: 50 questions concerning the privileges of an Amateur Extra Class operator license. The minimum passing score is 37 questions answered correctly. [ 54 FR 25857 , June 20, 1989, as amended at 61 FR 41019 , Aug. 7, 1996; 65 FR 6550 , Feb. 10, 2000; 72 FR 3082 , Jan. 24, 2007] § 97.505 Element credit. ( a ) The administering VEs must give credit as specified below to an examinee holding any of the following license grants: Operator class Unexpired (or within the renewal grace period) Expired and beyond the renewal grace period (1) Amateur Extra Not applicable Elements 3 and 4. (2) Advanced; General; or Technician granted before March 21, 1987 Elements 2 and 3 Element 3. (3) Technician Plus; or Technician granted on or after March 21, 1987 Element 2 No credit. ( b ) The administering VEs must give credit to an examinee holding a CSCE for each element the CSCE indicates the examinee passed within the previous 365 days. [ 79 FR 35291 , June 20, 2014] § 97.507 Preparing an examination. ( a ) Each written question set administered to an examinee must be prepared by a VE holding an Amateur Extra Class operator license. A written question set may also be prepared for the following elements by a VE holding an operator license of the class indicated: ( 1 ) Element 3: Advanced Class operator. ( 2 ) Element 2: Advanced or General class operators. ( b ) Each question set administered to an examinee must utilize questions taken from the applicable question pool. ( c ) Each written question set administered to an examinee for an amateur operator license must be prepared, or obtained from a supplier, by the administering VEs according to instructions from the coordinating VEC. [ 54 FR 25857 , June 20, 1989, as amended at 58 FR 29126 , May 19, 1993; 59 FR 54834 , Nov. 2, 1994; 65 FR 6551 , Feb. 10, 2000; 69 FR 24997 , May 5, 2004; 79 FR 35291 , June 20, 2014; 79 FR 52226 , Sept. 3, 2014] § 97.509 Administering VE requirements. ( a ) Each examination for an amateur operator license must be administered by a team of at least 3 VEs at an examination session coordinated by a VEC. The number of examinees at the session may be limited. ( b ) Each administering VE must: ( 1 ) Be accredited by the coordinating VEC; ( 2 ) Be at least 18 years of age; ( 3 ) Be a person who holds an amateur operator license of the class specified below: ( i ) Amateur Extra, Advanced or General Class in order to administer a Technician Class operator license examination; ( ii ) Amateur Extra or Advanced Class in order to administer a General Class operator license examination; ( iii ) Amateur Extra Class in order to administer an Amateur Extra Class operator license examination. ( 4 ) Not be a person whose grant of an amateur station license or amateur operator license has ever been revoked or suspended. ( c ) Each administering VE must observe the examinee throughout the entire examination. The administering VEs are responsible for the proper conduct and necessary supervision of each examination. The administering VEs must immediately terminate the examination upon failure of the examinee to comply with their instructions. ( d ) No VE may administer an examination to his or her spouse, children, grandchildren, stepchildren, parents, grandparents, stepparents, brothers, sisters, stepbrothers, stepsisters, aunts, uncles, nieces, nephews, and in-laws. ( e ) No VE may administer or certify any examination by fraudulent means or for monetary or other consideration including reimbursement in any amount in excess of that permitted. Violation of this provision may result in the revocation of the grant of the VE's amateur station license and the suspension of the grant of the VE's amateur operator license. ( f ) No examination that has been compromised shall be administered to any examinee. The same question set may not be re-administered to the same examinee. ( g ) [Reserved] ( h ) Upon completion of each examination element, the administering VEs must immediately grade the examinee's answers. For examinations administered remotely, the administering VEs must grade the examinee's answers at the earliest practical opportunity. The administering VEs are responsible for determining the correctness of the examinee's answers. ( i ) When the examinee is credited for all examination elements required for the operator license sought, 3 VEs must certify that the examinee is qualified for the license grant and that the VEs have complied with these administering VE requirements. The certifying VEs are jointly and individually accountable for the proper administration of each examination element reported. The certifying VEs may delegate to other qualified VEs their authority, but not their accountability, to administer individual elements of an examination. ( j ) When the examinee does not score a passing grade on an examination element, the administering VEs must return the application document to the examinee and inform the examinee of the grade. ( k ) The administering VEs must accommodate an examinee whose physical disabilities require a special examination procedure. The administering VEs may require a physician's certification indicating the nature of the disability before determining which, if any, special procedures must be used. ( l ) The administering VEs must issue a CSCE to an examinee who scores a passing grade on an examination element. ( m ) After the administration of a successful examination for an amateur operator license, the administering VEs must submit the application document to the coordinating VEC according to the coordinating VEC's instructions. [ 59 FR 54834 , Nov. 2, 1994, as amended at 61 FR 9953 , Mar. 12, 1996; 62 FR 17567 , Apr. 10, 1997; 63 FR 68980 , Dec. 14, 1998; 65 FR 6551 , Feb. 10, 2000; 71 FR 66465 , Nov. 15, 2006; 79 FR 35291 . June 20, 2014] § 97.511 Examinee conduct. Each examinee must comply with the instructions given by the administering VEs. [ 59 FR 54835 , Nov. 2, 1994] § 97.513 VE session manager requirements. ( a ) A VE session manager may be selected by the VE team for each examination session. The VE session manager must be accredited as a VE by the same VEC that coordinates the examination session. The VE session manager may serve concurrently as an administering VE. ( b ) The VE session manager may carry on liaison functions between the VE team and the coordinating VEC. ( c ) The VE session manager may organize activities at an examination session. [ 62 FR 17567 , Apr. 10, 1997, as amended at 79 FR 35291 , June 20, 2014] §§ 97.515-97.517 [Reserved] § 97.519 Coordinating examination sessions. ( a ) A VEC must coordinate the efforts of VEs in preparing and administering examinations. ( b ) At the completion of each examination session, the coordinating VEC must collect applicant information and test results from the administering VEs. The coordinating VEC must: ( 1 ) Screen collected information; ( 2 ) Resolve all discrepancies and verify that the VEs' certifications are properly completed; and ( 3 ) For qualified examinees, forward electronically all required data to the FCC. All data forwarded must be retained for at least 15 months and must be made available to the FCC upon request. ( c ) Each VEC must make any examination records available to the FCC, upon request ( d ) The FCC may: ( 1 ) Administer any examination element itself; ( 2 ) Readminister any examination element previously administered by VEs, either itself or under the supervision of a VEC or VEs designated by the FCC; or ( 3 ) Cancel the operator/primary station license of any licensee who fails to appear for readministration of an examination when directed by the FCC, or who does not successfully complete any required element that is readministered. In an instancce of such cancellation, the person will be granted an operator/primary station license consistent with completed examination elements that have not been invalidated by not appearing for, or by failing, the examination upon readministration. [ 54 FR 25857 , June 20, 1989, as amended at 59 FR 54835 , Nov. 2, 1994; 62 FR 17567 , Apr. 10, 1997; 63 FR 68981 , Dec. 14, 1998; 71 FR 66465 , Nov. 15, 2006; 79 FR 35291 , June 20, 2014] § 97.521 VEC qualifications. No organization may serve as a VEC unless it has entered into a written agreement with the FCC. The VEC must abide by the terms of the agreement. In order to be eligible to be a VEC, the entity must: ( a ) Be an organization that exists for the purpose of furthering the amateur service; ( b ) Be capable of serving as a VEC in at least the VEC region (see appendix 2) proposed; ( c ) Agree to coordinate examinations for any class of amateur operator license; ( d ) Agree to assure that, for any examination, every examinee qualified under these rules is registered without regard to race, sex, religion, national origin or membership (or lack thereof) in any amateur service organization; [ 54 FR 25857 , June 20, 1989, as amended at 58 FR 29127 , May 19, 1993; 61 FR 9953 , Mar. 12, 1996] § 97.523 Question pools. All VECs must cooperate in maintaining one question pool for each written examination element. Each question pool must contain at least 10 times the number of questions required for a single examination. Each question pool must be published and made available to the public prior to its use for making a question set. Each question on each VEC question pool must be prepared by a VE holding the required FCC-issued operator license. See § 97.507(a) of this part . § 97.525 Accrediting VEs. ( a ) No VEC may accredit a person as a VE if: ( 1 ) The person does not meet minimum VE statutory qualifications or minimum qualifications as prescribed by this part; ( 2 ) The FCC does not accept the voluntary and uncompensated services of the person; ( 3 ) The VEC determines that the person is not competent to perform the VE functions; or ( 4 ) The VEC determines that questions of the person's integrity or honesty could compromise the examinations. ( b ) Each VEC must seek a broad representation of amateur operators to be VEs. No VEC may discriminate in accrediting VEs on the basis of race, sex, religion or national origin; nor on the basis of membership (or lack thereof) in an amateur service organization; nor on the basis of the person accepting or declining to accept reimbursement. § 97.527 Reimbursement for expenses. VEs and VECs may be reimbursed by examinees for out-of-pocket expenses incurred in preparing, processing, administering, or coordinating an examination for an amateur operator license. [ 66 FR 20752 , Apr. 25, 2001] Appendix 1 to Part 97—Places Where the Amateur Service is Regulated by the FCC In ITU Region 2, the amateur service is regulated by the FCC within the territorial limits of the 50 United States, District of Columbia, Caribbean Insular areas [Commonwealth of Puerto Rico, United States Virgin Islands (50 islets and cays) and Navassa Island], and Johnston Island (Islets East, Johnston, North and Sand) and Midway Island (Islets Eastern and Sand) in the Pacific Insular areas. In ITU Region 3, the amateur service is regulated by the FCC within the Pacific Insular territorial limits of American Samoa (seven islands), Baker Island, Commonwealth of Northern Mariana Islands, Guam Island, Howland Island, Jarvis Island, Kingman Reef, Palmyra Island (more than 50 islets) and Wake Island (Islets Peale, Wake and Wilkes). Appendix 2 to Part 97—VEC Regions 1 . Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. 2 . New Jersey and New York. 3 . Delaware, District of Columbia, Maryland and Pennsylvania. 4 . Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee and Virginia. 5 . Arkansas, Louisiana, Mississippi, New Mexico, Oklahoma and Texas. 6 . California. 7 . Arizona, Idaho, Montana, Nevada, Oregon, Utah, Washington and Wyoming. 8 . Michigan, Ohio and West Virginia. 9 . Illinois, Indiana and Wisconsin. 10 . Colorado, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. 11 . Alaska. 12 . Caribbean Insular areas. 13 . Hawaii and Pacific Insular areas.
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PART 74—EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL SERVICES Authority: 47 U.S.C. 154 , 302a , 303 , 307 , 309 , 310 , 325 , 336 and 554 . Editorial Note Editorial Note: Nomenclature changes to part 74 appear at 64 FR 4055 , Jan. 27, 1999. Subpart—General; Rules Applicable to All Services in Part 74 § 74.1 Scope. ( a ) The rules in this subpart are applicable to the Auxiliary and Special Broadcast and Other Program Distributional Services. ( b ) Rules in part 74 which apply exclusively to a particular service are contained in that service subpart, as follows: Remote Pickup Broadcast Stations, subpart D; Aural Broadcast STL and Intercity Relay Stations, subpart E; TV Auxiliary Broadcast Stations, subpart F; Low-power TV, TV Translator and TV Booster Stations, subpart G; Low-power Auxiliary Stations, subpart H; FM Broadcast Translator Stations and FM Broadcast Booster Stations, subpart L. [ 78 FR 25174 , Apr. 29, 2013] § 74.2 General definitions. Broadcast network-entity. A broadcast network-entity is an organization which produces programs available for simultaneous transmission by 10 or more affiliated broadcast stations and having distribution facilities or circuits available to such affiliated stations at least 12 hours each day. Cable network-entity. A cable network-entity is an organization which produces programs available for simultaneous transmission by cable systems serving a combined total of at least 5,000,000 subscribers and having distribution facilities or circuits available to such affiliated stations or cable systems. [ 51 FR 4601 , Feb. 6, 1986] § 74.3 FCC inspections of stations. ( a ) The licensee of a station authorized under this part must make the station available for inspection by representatives of the FCC during the station's business hours, or at any time it is in operation. ( b ) In the course of an inspection or investigation, an FCC representative may require special equipment tests or program tests. ( c ) The logs and records required by this part for the particular class or type of station must be made available upon request to representatives of the FCC. [ 47 FR 53022 , Nov. 24, 1982] § 74.5 Cross reference to rules in other parts. Certain rules applicable to Auxiliary, Special Broadcast and other Program Distribution services, some of which are also applicable to other services, are set forth in the following parts of the FCC Rules and Regulations: ( a ) Part 1, “Practice and procedure”. ( 1 ) Subpart A, “General Rules of Practice and Procedure”. ( §§ 1.1 to 1.117 ). ( 2 ) Subpart B, “Hearing Proceedings”. ( §§ 1.201 to 1.364 ). ( 3 ) Subpart C, “Rulemaking Proceedings”. ( §§ 1.399 to 1.430 ). ( 4 ) Subpart F, “Wireless Telecommunications Services Applications and Proceedings”. ( §§ 1.901 to 1.981 ). ( 5 ) Subpart G, “Schedule of Statutory Charges and Procedures for Payment”. ( §§ 1.1101 to 1.1120 ). ( 6 ) Subpart H, “Ex Parte Presentations”. ( §§ 1.1200 to 1.1216 ). ( 7 ) Subpart I, “Procedures Implementing the National Environmental Policy Act of 1969”. ( §§ 1.1301 to 1.1319 ). ( 8 ) Subpart T, “Foreign Ownership of Broadcast, Common Carrier, Aeronautical En Route, and Aeronautical Fixed Radio Station Licensees”. ( §§ 1.5000 to 1.5004 ). ( 9 ) Part 1, Subpart W of the chapter, “FCC Registration Number”. ( §§ 1.8001-1.8005 ). ( b ) Part 2, “Frequency Allocations and Radio Treaty Matters, General Rules and Regulations”, including subparts A, “Terminology”; B, “Allocation, Assignments and Use of Radio Frequencies”; C, “Emissions”; D, “Call Signs and Other Forms of Identifying Radio Transmissions”; and J, “Equipment Authorization Proceedings”. ( c ) [Reserved] ( d ) Part 17, “Construction, Marking and Lighting of Antenna Structures”. ( e ) Part 73, “Radio Broadcast Services”. ( f ) Part 101, “Fixed Microwave Services”. [ 53 FR 2499 , Jan. 28, 1988, as amended at 60 FR 55482 , Nov. 1, 1995; 66 FR 47896 , Sept. 14, 2001; 68 FR 12761 , Mar. 17, 2003; 76 FR 70911 , Nov. 16, 2011; 78 FR 25174 , Apr. 29, 2013; 81 FR 86613 , Dec. 1, 2016] § 74.6 Licensing of broadcast auxiliary and low power auxiliary stations. Applicants for and licensees of remote pickup broadcast stations, aural broadcast auxiliary stations, television broadcast auxiliary stations, and low power auxiliary stations authorized under subparts D , E , F , and H of this part are subject to the application and procedural rules for wireless telecommunications services contained in part 1, subpart F of this chapter . Applicants for these stations may file either manually or electronically as specified in § 1.913(b) and (d) of this chapter . [ 68 FR 12761 , Mar. 17, 2003] § 74.12 Notification of filing of applications. The provisions of § 73.1030 “Notification concerning interference to Radio Astronomy, Research, and Receiving Installations” apply to all stations authorized under this part of the FCC Rules except the following: ( a ) Mobile remote pickup stations (subpart D). ( b ) TV pickup stations (subpart F). ( c ) Low power auxiliary stations (subpart H). [ 44 FR 58735 , Oct. 11, 1979, as amended at 44 FR 77167 , Dec. 31, 1979; 47 FR 28388 , June 30, 1982] § 74.13 Equipment tests. ( a ) During the process of construction of any class of radio station listed in this part, the permittee, without further authority of the Commission, may conduct equipment tests for the purpose of such adjustments and measurements as may be necessary to assure compliance with the terms of the construction permit, the technical provisions of the application therefor, the technical requirements of this chapter, and the applicable engineering standards. ( b ) Equipment tests may be continued so long as the construction permit shall remain valid. ( c ) The authorization for tests embodied in this section shall not be construed as constituting a license to operate. [ 38 FR 18378 , July 10, 1973] § 74.14 Service or program tests. ( a ) Upon completion of construction of a radio station in accordance with the terms of the construction permit, the technical provisions of the application therefor, technical requirements of this chapter, and applicable engineering standards, and when an application for station license has been filed showing the station to be in satisfactory operating condition, the permittee or any class of station listed in this part may, without further authority of the Commission, conduct service or program tests. ( b ) Program test authority for stations authorized under this part will continue valid during Commission consideration of the application for license and during this period further extension of the construction permit is not required. Program test authority shall be automatically terminated with final action on the application for station license. ( c ) The authorization for tests embodied in this section shall not be construed as approval by the Commission of the application for station license. [ 38 FR 18378 , July 10, 1973] § 74.15 Station license period. ( a ) [Reserved] ( b ) Licenses for stations or systems in the Auxiliary Broadcast Service held by a licensee of a broadcast station will be issued for a period running concurrently with the license of the associated broadcast station with which it is licensed. Licenses held by eligible networks for the purpose of providing program service to affiliated stations under subpart D of this part , and by eligible networks, cable television operators, motion picture producers and television program producers under subpart H of this part will be issued for a period running concurrently with the normal licensing period for broadcast stations located in the same area of operation. Licenses held by large venue owners or operators and professional sound companies under subpart H of this part will be issued for a period not to exceed ten years from the date of initial issuance or renewal. ( c ) The license of an FM broadcast booster station or a TV broadcast booster station will be issued for a period running concurrently with the license of the FM radio broadcast station or TV broadcast station (primary station) with which it is used. ( d ) Initial licenses for low power TV, TV translator, and FM translator stations will ordinarily be issued for a period running until the date specified in § 73.1020 of this chapter for full service stations operating in their State or Territory, or if issued after such date, to the next renewal date determined in accordance with § 73.1020 of this chapter . Lower power TV and TV translator station and FM translator station licenses will ordinarily be renewed for 8 years. However, if the FCC finds that the public interest, convenience or necessity will be served, it may issue either an initial license or a renewal thereof for a lesser term. The FCC may also issue a license renewal for a shorter term if requested by the applicant. The time of expiration of all licenses will be 3 a.m. local time, on the following dates, and thereafter to the schedule for full service stations in their states as reflected in § 73.1020 of this chapter : ( 1 ) Nevada: ( i ) FM translators, February 1, 1997. ( ii ) LPTV and TV translator, February 1, 1998. ( 2 ) California: ( i ) FM translators, April 1, 1997. ( ii ) LPTV and TV translators, April 1, 1998 ( 3 ) Maine, Vermont, New Hampshire, Massachusetts, Connecticut, Rhodes Island, New York, New Jersey, Pennsylvania, Maryland, Delaware, West Virginia, Ohio and the District of Colbumia: ( i ) FM translators, June 1, 1997 ( ii ) LPTV and TV translators, June 1, 1998 ( 4 ) Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, Missouri, Kentucky, Tennessee, Indiana, Illinois, Michigan, Wisconsin, Pureto Rico and the Virgin Islands: ( i ) FM translators, August 1, 1997 ( ii ) LPTV and TV translators, August 1, 1998 ( 5 ) Oklahoma and Texas: ( i ) FM translators, October 1, 1997 ( ii ) LPTV and TV translators, October 1, 1998 ( 6 ) Kansas and Nebraska: ( i ) FM translators, December 1, 1997 ( ii ) LPTV and TV translators, December 1, 1998 ( 7 ) Iowa and South Dakota: ( i ) FM translators, February 1, 1998 ( ii ) LPTV and TV translators, February 1, 1999 ( 8 ) Minnesota and North Dakota: ( i ) FM translators, April 1, 1998 ( ii ) LPTV and TV translators, April 1, 1999 ( 9 ) Wyoming: ( i ) FM translators, June 1, 1998 ( ii ) LPTV and TV translators, June 1, 1999 ( 10 ) Montana: ( i ) FM translators, August 1, 1998 ( ii ) LPTV and TV translators, August 1, 1999 ( 11 ) Idaho: ( i ) FM translators, October 1, 1995 ( ii ) LPTV and TV translators, October 1, 1996 ( 12 ) Washington: ( i ) FM translators, December 1, 1995 ( ii ) LPTV and TV translators, December 1, 1996 ( 13 ) Oregon: ( i ) FM translators, February 1, 1996 ( ii ) LPTV and TV translators, February 1, 1997 ( 14 ) Alaska, American Samoa, Guam, Mariana Islands and Hawaii: ( i ) FM translators, April 1, 1996 ( ii ) LPTV and TV translators, April 1, 1997 ( 15 ) Colorado: ( i ) FM translators, June 1, 1996 ( ii ) LPTV and TV translators, June 1, 1997 ( 16 ) New Mexico: ( i ) FM translators, August 1, 1996 ( ii ) LPTV and TV translators, August 1, 1997 ( 17 ) Utah: ( i ) FM translators, October 1, 1996 ( ii ) LPTV and TV translators, October 1, 1997 ( 18 ) Arizona: ( i ) FM translators, December 1, 1996 ( ii ) LPTV and TV translators, December 1, 1997 ( e ) Licenses held by broadcast network-entities under Subpart F will ordinarily be issued for a period of 8 years running concurrently with the normal licensing period for broadcast stations located in the same area of operation. An application for renewal of license shall be filed in accordance with the provisions of § 1.949 . ( f ) The license of an FM translator or FM broadcast booster, TV translator or TV broadcast booster, or low power TV station will expire as a matter of law upon failure to transmit broadcast signals for any consecutive 12-month period notwithstanding any provision, term, or condition of the license to the contrary. Further, if the license of any AM, FM, or TV broadcasting station licensed under part 73 of this chapter expires for failure to transmit signals for any consecutive 12-month period, the licensee's authorizations under part 74, subparts D, E, F, and H in connection with the operation of that AM, FM, or TV broadcasting station will also expire notwithstanding any provision, term, or condition to the contrary. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 28 FR 13706 , Dec. 14, 1963, as amended at 49 FR 32583 , Aug. 15, 1984; 50 FR 26758 , June 28, 1985; 52 FR 7142 , Mar. 9, 1987; 52 FR 25604 , July 8, 1987; 52 FR 31402 , Aug. 20, 1987; 59 FR 63052 , Dec. 7, 1994; 61 FR 28767 , June 6, 1996; 62 FR 5347 , Feb. 5, 1997; 68 FR 12761 , Mar. 17, 2003; 69 FR 72045 , Dec. 10, 2004; 78 FR 25174 , Apr. 29, 2013; 79 FR 40688 , July 14, 2014] § 74.16 Temporary extension of station licenses. Where there is pending before the Commission any application, investigation, or proceeding which, after hearing, might lead to or make necessary the modification of, revocation of, or the refusal to renew an existing auxiliary broadcast station license or a television broadcast translator station license, the Commission in its discretion, may grant a temporary extension of such license: Provided, however, That no such temporary extension shall be construed as a finding by the Commission that the operation of any radio station thereunder will serve public interest, convenience, and necessity beyond the express terms of such temporary extension of license: And provided further, That such temporary extension of license will in no wise affect or limit the action of the Commission with respect to any pending application or proceeding. [ 78 FR 25175 , Apr. 29, 2013] § 74.18 Transmitter control and operation. Except where unattended operation is specifically permitted, the licensee of each station authorized under the provisions of this part shall designate a person or persons to activate and control its transmitter. At the discretion of the station licensee, persons so designated may be employed for other duties and for operation of other transmitting stations if such other duties will not interfere with the proper operation of the station transmission systems. [ 60 FR 55482 , Nov. 1, 1995] § 74.19 Special technical records. The FCC may require a broadcast auxiliary station licensee to keep operating and maintenance records necessary to resolve conditions of actual or potential interference, rule violations, or deficient technical operation. [ 48 FR 38482 , Aug. 24, 1983] § 74.21 Broadcasting emergency information. ( a ) In an emergency where normal communication facilities have been disrupted or destroyed by storms, floods or other disasters, the stations licensed under this part may be operated for the purpose of transmitting essential communications intended to alleviate distress, dispatch aid, assist in rescue operations, maintain order, or otherwise promote the safety of life and property. In the course of such operation, a station of any class may communicate with stations of other classes and in other services. However, such operation shall be conducted only on the frequency or frequencies for which the station is licensed and the used power shall not exceed the maximum authorized in the station license. When such operation involves the use of frequencies shared with other stations, licensees are expected to cooperate fully to avoid unnecessary or disruptive interference. ( b ) Whenever such operation involves communications of a nature other than those for which the station is licensed to perform, the licensee shall, at the earliest practicable time, notify the FCC in Washington, DC of the nature of the emergency and the use to which the station is being put and shall subsequently notify the same offices when the emergency operation has been terminated. ( c ) Emergency operation undertaken pursuant to the provisions of this section shall be discontinued as soon as substantially normal communications facilities have been restored. The Commission may at any time order discontinuance of such operation. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 28 FR 13706 , Dec. 14, 1963, as amended at 37 FR 25843 , Dec. 5, 1972; 44 FR 65765 , Nov. 15, 1979; 47 FR 40175 , Sept. 13, 1982] § 74.22 Use of common antenna structure. The simultaneous use of a common antenna structure by more than one station authorized under this part, or by one or more stations of any other service may be authorized. The owner of each antenna structure is responsible for ensuring that the structure, if required, is painted and/or illuminated in accordance with part 17 of this chapter . In the event of default by the owner, each licensee or permittee shall be responsible for ensuring that the structure complies with applicable painting and lighting requirements. [ 61 FR 4368 , Feb. 6, 1996] § 74.23 Interference jeopardizing safety of life or protection of property. ( a ) The licensee of any station authorized under this part that causes harmful interference, as defined in § 2.1 of the Commission's rules, to radio communications involving the safety of life or protection of property shall promptly eliminate the interference. ( b ) If harmful interference to radio communications involving the safety of life or protection of property cannot be promptly eliminated and the Commission finds that there exists an imminent danger to safety of life or protection of property, pursuant to 47 U.S.C. 312 (b) and (e) and 5 U.S.C. 558 , operation of the offending equipment shall temporarily be suspended and shall not be resumed until the harmful interference has been eliminated or the threat to the safety of life or property has passed. In situations where the protection of property alone is jeopardized, before taking any action under this paragraph, the Commission shall balance the nature and extent of the possible property damage against the potential harm to a licensee or the public caused by suspending part 74 operations. When specifically authorized, short test operations may be made during the period of suspended operation to check the efficacy of remedial measures. [ 47 FR 1395 , Jan. 13, 1982] § 74.24 Short-term operation. All classes of broadcast auxiliary stations provided for in subparts D , E , F and H of this part , except wireless video assist devices, may be operated on a short-term basis under the authority conveyed by a part 73 license or a broadcast auxiliary license without prior authorization from the FCC, subject to the following conditions: ( a ) Licensees operating under this provision must be eligible to operate the particular class of broadcast auxiliary station. ( b ) The short-term broadcast auxiliary station shall be operated in conformance with all normally applicable regulations to the extent they are not superceded by specific provisions of this section. ( c ) Short-term operation is on a secondary, non-interference basis to regularly authorized stations and shall be discontinued immediately upon notification that perceptible interference is being caused to the operation of a regularly authorized station. Short-term station operators shall, to the extent practicable, use only the effective radiated power and antenna height necessary for satisfactory system performance. ( d ) Short-term operation under this section shall not exceed 720 hours annually per frequency. Note to paragraph ( d ): Certain frequencies shared with other services which are normally available for permanent broadcast auxiliary station assignment may not be available for short-term operation. Refer to any note(s) which may be applicable to the use of a specific frequency prior to initiating operation. ( e ) The antenna height of a station operated pursuant to this section shall not increase the height of any man-made antenna supporting structure, or increase by more than 6.1 meters (20 feet) the height of any other type of man-made structure or natural formation. However, the facilities of an authorized broadcast auxiliary station belonging to another licensee may be operated in accordance with the terms of its outstanding authorization. ( f ) Stations operated pursuant to this section shall be identified by the transmission of the call sign of the associated part 73 broadcast station or broadcast auxiliary station, or, in the case of stations operated by broadcast network and cable network entities, by the network or cable entity's name and base of operations city. ( g ) Prior to operating pursuant to the provisions of this section, licensees shall, for the intended location or area-of-operation, notify the appropriate frequency coordination committee or any licensee(s) assigned the use of the proposed operating frequency, concerning the particulars of the intended operation and shall provide the name and telephone number of a person who may be contacted in the event of interference. Except as provided herein, this notification provision shall not apply where an unanticipated need for immediate short-term mobile station operation would render compliance with the provisions of this paragraph impractical. ( 1 ) A CARS licensee shall always be given advance notification prior to the commencement of short-term operation on or adjacent to an assigned frequency. ( 2 ) The Commission may designate a frequency coordinator as the single point of contact under this section for advance coordination of major national and international events. Once designated, all short-term auxiliary broadcast use under this section must be coordinated in advance through the designated coordinator. ( i ) Coordinators under this provision will not be designated unless the Commission receives an initial request, in writing, to designate a coordinator. ( ii ) The Commission will issue a Public Notice with information regarding the designation of such a coordinator. ( iii ) All coordination must be done on a non-discriminatory basis. ( iv ) All licensees must abide by the decision of the coordinator. The Commission will be the final arbiter of any disputes. ( 3 ) An unanticipated need will never be deemed to exist for a scheduled event, such as a convention, sporting event, etc. ( h ) Short-term operation is limited to areas south or west of the United States-Canada border as follows: ( 1 ) Use of broadcast auxiliary service frequencies below 470 MHz is limited to areas of the United States south of Line A or west of Line C unless the effective radiated power of the station is 5 watts or less. See § 1.928(e) of this chapter for a definition of Line A and Line C. ( 2 ) A broadcast auxiliary service station operating on frequencies between 470 MHz and 1 GHz must be at least 56.3 kilometers (35 miles) south (or west, as appropriate of the United States-Canada border if the antenna looks within a 200° sector toward the border; or, the station must be at least 8.1 kilometers (5 miles) south (or west, as appropriate) if the antenna looks within a 160° sector away from the border. However, operation is not permitted in either of these two situations if the station would be within the coordination distance of a receiving earth station in Canada which uses the same frequency band. (The coordination distance is the distance, calculated for any station, according to Appendix 28 of the International Radio Regulations.) ( 3 ) A broadcast auxiliary service station operating on frequencies above 1 GHz shall not be located within the coordination distance of a receiving earth station in Canada which uses the same frequency band. (The coordination distance is the distance, calculated for any station, according to Appendix 28 of the international Radio Regulations.) ( i ) Short-term operation of a remote pickup broadcast base station, a remote pickup automatic relay station, an aural broadcast STL station, an aural broadcast intercity relay station, a TV STL station, a TV intercity relay station or a TV translator relay station in the National Radio Quiet Zone, the Table Mountain Radio Receiving Zone, or near FCC monitoring stations is subject to the same advance notification procedures applicable to regular applications as provided for in § 73.1030 of this chapter and § 74.12 , except that inasmuch as short-term operation does not involve an application process, the provisions relating to agency objection procedures shall not apply. It shall simply be necessary for the licensee to contact the potentially affected agency and obtain advance approval for the proposed short-term operation. Where protection to FCC monitoring stations is concerned, approval for short-term operation may be given by the Regional Director of a Commission field facility. ( j ) ( 1 ) This paragraph applies only to operations which will transmit on frequencies under 15 GHz. Prior to commencing short-term operation of a remote pickup broadcast station, a remote pickup automatic relay station, an aural broadcast STL station, an aural broadcast intercity relay station, a TV STL station, a TV intercity relay station, a TV translator relay station, a TV pickup station, or a TV microwave booster station within the 4-mile (6.4 kilometer) radius Commonwealth of Puerto Rico Protection Zone (centered on NAD-83 Geographical Coordinates North Latitude 18°20′38.28″, West Longitude 66°45′09.42″), an applicant must notify the Arecibo Observatory, located near Arecibo, Puerto Rico. Operations within the Puerto Rico Coordination Zone ( i.e. , on the islands of Puerto Rico, Desecheo, Mona, Vieques, or Culebra), but outside the Protection Zone, whether short term or long term, shall provide notification to the Arecibo Observatory prior to commencing operation. Notification should be directed to the following: Interference Office, Arecibo Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612, Tel. (809) 878-2612, Fax (809) 878-1861, E-mail prcz@naic.edu . ( 2 ) Notification of short-term operations may be provided by telephone, fax, or electronic mail. The notification for long-term operations shall be written or electronic, and shall set forth the technical parameters of the proposed station, including the geographical coordinates of the antenna (NAD-83 datum), antenna height above ground, ground elevation at the antenna, antenna directivity and gain, proposed frequency and FCC Rule Part, type of emission, effective radiated power, and whether the proposed use is itinerant. Applicants may wish to consult interference guidelines, which will be provided by Cornell University. In addition, the applicant shall indicate in its application to the Commission the date notification was made to the Observatory. Generally, submission of the information in the technical portion of the FCC license application is adequate notification. After receipt of such applications in non-emergency situations, the Commission will allow the Arecibo Observatory a period of 20 days for comments or objections in response to the notification indicated. The applicant will be required to make reasonable efforts in order to resolve or mitigate any potential interference problem with the Arecibo Observatory and to file either an amendment to the application or a modification application, as appropriate. If the Commission determines that an applicant has satisfied its responsibility to make reasonable efforts to protect the Observatory from interference, its application may be granted. In emergency situations in which prior notification or approval is not practicable, notification or approval must be accomplished as soon as possible after operations begin. (Secs. 4, 303, 48 Stat., as amended, 1066, 1032; 47 U.S.C. 158 , 303 ) [ 47 FR 9219 , Mar. 4, 1982, as amended at 49 FR 34356 , Aug. 30, 1984; 50 FR 23709 , June 5, 1985; 62 FR 55532 , Oct. 27, 1997; 68 FR 12762 , Mar. 17, 2003; 70 FR 31373 , June 1, 2005; 80 FR 53751 , Sept. 8, 2015] § 74.25 Temporary conditional operating authority. An applicant for a new broadcast auxiliary radio service station or a modification of an existing station under subparts D , E , F , or H of this part may operate the proposed station during the pendency of its applications upon the filing of a properly completed formal application that complies with the rules for the particular class of station, provided that the conditions set forth are satisfied. ( a ) Conditions applicable to all broadcast auxiliary stations. ( 1 ) Stations operated pursuant to this section shall be identified by the transmission of the call sign of the associated part 73 of this chapter broadcast station, if one exists, or the prefix “WT” followed by the applicant's local business telephone number for broadcast or cable network entities. ( 2 ) The antenna structure(s) has been previously studied by the Federal Aviation Administration and determined to pose no hazard to aviation safety as required by subpart B of part 17 of this chapter ; or the antenna or tower structure does not exceed 6.1 meters above ground level or above an existing man-made structure (other than an antenna structure), if the antenna or tower has not been previously studied by the Federal Aviation Administration and cleared by the FCC; ( 3 ) The grant of the application(s) does not require a waiver of the Commission's rules; ( 4 ) The applicant has determined that the facility(ies) will not significantly affect the environment as defined in § 1.1307 of this chapter ; ( 5 ) The station site does not lie within an area identified in § 1.924 of this chapter . ( b ) Conditions applicable to remote pickup broadcast auxiliary stations. ( 1 ) The auxiliary station must be located within 80 km (50 mi) of the broadcast studio or broadcast transmitter. ( 2 ) The applicant must coordinate the operation with all affected co-channel and adjacent channel licensees in the area of operation. This requirement can be satisfied by coordination with the local frequency committee if one exists. ( 3 ) Operation under this provision is not permitted between 152.87 MHz and 153.35 MHz. ( c ) Conditions applicable to aural and television broadcast auxiliary stations. ( 1 ) The applicable frequency coordination procedures have been successfully completed and the filed application is consistent with that coordination. ( 2 ) The station site does not lie within an area requiring international coordination. ( 3 ) If operated on frequencies in the 17.8-19.7 GHz band for any services or on frequencies in the 17.7-17.8 GHz band for MVPD operations, the station site does not lie within any of the areas identified in § 1.924 of this chapter . ( d ) Operation under this section shall be suspended immediately upon notification from the Commission or by the Regional Director of a Commission field facility, and shall not be resumed until specific authority is given by the Commission or Regional Director. When authorized by the Regional Director, short test operations may be made. ( e ) Conditional authority ceases immediately if the application(s) is returned by the Commission because it is not acceptable for filing. ( f ) Conditional authorization does not prejudice any action the Commission may take on the subject application(s). Conditional authority is accepted with the express understanding that such authority may be modified or cancelled by the Commission at any time without hearing if, in the Commission's discretion, the need for such action arises. An applicant operating pursuant to this conditional authority assumes all risks associated with such operation, the termination or modification of the conditional authority, or the subsequent dismissal or denial of its application(s). [ 68 FR 12762 , Mar. 17, 2003, as amended at 69 FR 17958 , Apr. 6, 2004; 71 FR 69048 , Nov. 29, 2006; 80 FR 53751 , Sept. 8, 2015] § 74.28 Additional orders. In case the rules contained in this part do not cover all phases of operation with respect to external effects, the FCC may make supplemental or additional orders in each case as may be deemed necessary. [ 78 FR 25175 , Apr. 29, 2013] § 74.30 Antenna structure, marking and lighting. The provisions of part 17 of the FCC rules (Construction, Marking, and Lighting of Antenna Structures) require certain antenna structures to be painted and/or lighted in accordance with the provisions of §§ 17.47 through 17.56 of the FCC rules. [ 47 FR 53022 , Nov. 24, 1982] § 74.32 Operation in the 17.7-17.8 GHz and 17.8-19.7 GHz bands. The following exclusion areas and coordination areas are established to minimize or avoid harmful interference to Federal Government earth stations receiving in the 17.7-19.7 GHz band: ( a ) No application seeking authority for fixed stations supporting the operations of Multichannel Video Programming Distributors (MVPD) in the 17.7-17.8 GHz band or to operate in the 17.8-19.7 GHz band for any service will be accepted for filing if the proposed station is located within 20 km of Denver, CO (39°43′ N., 104°46′ W.) or Washington, DC (38°48′ N., 76°52′ W.). ( b ) Any application for a new station license to provide MVPD operations in the 17.7-17.8 GHz band or to operate in the 17.8-19.7 GHz band for any service, or for modification of an existing station license in these bands which would change the frequency, power, emission, modulation, polarization, antenna height or directivity, or location of such a station, must be coordinated with the Federal Government by the Commission before an authorization will be issued, if the station or proposed station is located in whole or in part within any of the following areas: ( 1 ) Denver, CO area: ( i ) Between latitudes 41°30′ N. and 38°30′ N. and between longitudes 103°10′ W. and 106°30′ W. ( ii ) Between latitudes 38°30′ N. and 37°30′ N. and between longitudes 105°00′ W. and 105°50′ W. ( iii ) Between latitudes 40°08′ N. and 39°56′ N. and between longitudes 107°00′ W. and 107°15′ W. ( 2 ) Washington, DC area: ( i ) Between latitudes 38°40′ N. and 38°10′ N. and between longitudes 78°50′ W. and 79°20′ W. ( ii ) Within 178 km of 38°48′ N, 76°52′ W. ( 3 ) San Miguel, CA area: ( i ) Between latitudes 34°39′ N. and 34°00′ N. and between longitudes 118°52′ W. and 119°24′ W. ( ii ) Within 200 km of 35°44′ N., 120°45′ W. ( 4 ) Guam area: Within 100 km of 13°35′ N., 144°51′ E. Note to § 74.32 : The coordinates cited in this section are specified in terms of the “North American Datum of 1983 (NAD 83).” [ 80 FR 38908 , July 7, 2015] § 74.34 Period of construction; certification of completion of construction. ( a ) Each aural and television broadcast auxiliary station authorized under subparts E and F of this part must be in operation within 18 months from the initial date of grant. ( b ) Each remote pickup broadcast auxiliary station authorized under subpart D of this part must be in operation within 12 months from the initial date of grant. ( c ) Failure to timely begin operation means the authorization terminates automatically. ( d ) Requests for extension of time may be granted upon a showing of good cause pursuant to § 1.946(e) of this chapter . ( e ) Construction of any authorized facility or frequency must be completed by the date specified in the license and the Commission must be notified pursuant to § 1.946 of this chapter . [ 68 FR 12763 , Mar. 17, 2003] Subparts A-C [Reserved] Subpart D—Remote Pickup Broadcast Stations § 74.401 Definitions. Associated broadcasting station ( s ). The broadcasting station or stations with which a remote pickup broadcast station or system is licensed as an auxiliary and with which it is principally used. Authorized bandwidth. The occupied or necessary bandwidth, whichever is greater, authorized to be used by a station. Automatic relay station. A remote pickup broadcast base station which is actuated by automatic means and is used to relay transmissions between remote pickup broadcast base and mobile stations, between remote pickup broadcast mobile stations and from remote pickup broadcast mobile stations to broadcasting stations. (Automatic operation is not operation by remote control.) Carrier power. The average power at the output terminals of a transmitter (other than a transmitter having a suppressed, reduced or controlled carrier) during one radio frequency cycle under conditions of no modulation. Mean power. The power at the output terminals of a transmitter during normal operation, averaged over a time sufficiently long compared with the period of the lowest frequency encountered in the modulation. A time of 1 ⁄ 10 second during which the mean power is greatest will be selected normally. Necessary bandwidth. For a given class of emission, the minimum value of the occupied bandwidth sufficient to ensure the transmission of information at the rate and with the quality required for the system employed, under specified conditions. Emissions useful for the good functioning of the receiving equipment, as for example, the emission corresponding to the carrier of reduced carrier systems, shall be included in the necessary bandwidth. Occupied bandwidth. The frequency bandwidth such that, below its lower and above its upper frequency limits, the mean powers radiated are each equal to 0.5 percent of the total mean power radiated by a given emission. Operational communications. Communications concerning the technical and programming operation of a broadcast station and its auxiliaries. Remote control operation. Operation of a base station by a properly designated person on duty at a control position from which the transmitter is not visible but that position is equipped with suitable controls so that essential functions can be performed therefrom. Remote pickup broadcast base station. A remote pickup broadcast station authorized for operation at a specified location. Remote pickup broadcast mobile station. A remote pickup broadcast station authorized for use while in motion or during halts at unspecified locations. (As used in this subpart, mobile stations include hand-carried, pack-carried and other portable transmitters.) Remote pickup broadcast stations. A term used in this subpart to include both remote pickup broadcast base stations and remote pickup broadcast mobile stations. Remote pickup mobile repeater unit. A vehicular receiver-transmitter repeater used to provide extended communications range for a low-power hand-carried or pack-carried transmitter. Station. As used in this subpart, each remote pickup broadcast transmitter, and its associated accessory equipment necessary to the radio communication function, constitutes a separate station. Studio. Any room or series of rooms equipped for the regular production of broadcast programs of various kinds. A broadcasting booth at a stadium, convention hall, church, or other similar place is not considered to be a studio. Systems. A complete remote pickup broadcast facility consisting of one or more mobile stations and/or one or more base stations authorized pursuant to a single license. [ 41 FR 29686 , July 19, 1976, as amended at 42 FR 14728 , Mar. 16, 1977; 47 FR 28388 , June 30, 1982; 47 FR 54448 , Dec. 3, 1982; 51 FR 4601 , Feb. 6, 1986] § 74.402 Frequency assignment. Operation on all channels listed in this section (except: frequencies 26.07 MHz, 26.11 MHz, and 26.45 MHz, and frequencies listed in paragraphs (a)(4) and (c)(1) of this section shall be in accordance with the “priority of use” provisions in § 74.403(b) ). The channel will be assigned by its center frequency, channel bandwidth, and emission designator. In general, the frequencies listed in this section represent the center of the channel or channel segment. When an even number of channels are stacked in those sections stacking is permitted, channel assignments may be made for the frequency halfway between those listed. ( a ) The following channels may be assigned for use by broadcast remote pickup stations using any emission (other than single sideband or pulse) that will be in accordance with the provisions of § 74.462 . ( 1 ) [Reserved] ( 2 ) HF Channels: 25.87, 25.91, 25.95, 25.99, 26.03, 26.07, 26.09, 26.11, 26.13, 26.15, 26.17, 26.19, 26.21, 26.23, 26.25, 26.27, 26.29, 26.31, 26.33, 26.35, 26.37, 26.39, 26.41, 26.43, 26.45, and 26.47 MHz. The channels 25.87-26.09 MHz are subject to the condition listed in paragraph (e)(2) of this section. ( 3 ) VHF Channels: 166.25 and 170.15 MHz. These channels are subject to the condition listed in paragraph (e)(8) of this section. ( 4 ) UHF Channels: Up to two of the following 6.25 kHz segments may be stacked to form a channel which may be assigned for use by broadcast remote pickup stations using any emission contained within the resultant channel in accordance with the provisions of § 74.462 : 450.00625 MHz, 450.0125 MHz, 450.01875 MHz, 450.025 MHz, 450.98125 MHz, 450.9875 MHz, 450.99375 MHz, 455.00625 MHz, 455.0125 MHz, 455.01875 MHz, 455.025 MHz, 455.98125 MHz, 455.9875 MHz, and 455.99375 MHz. These channels are subject to the condition listed in paragraph (e)(9) of this section. ( b ) Up to four of the following 7.5 kHz VHF segments and up to eight of the following 6.25 kHz UHF segments may be stacked to form a channel which may be assigned for use by broadcast remote pickup stations using any emission contained within the resultant channel in accordance with the provisions of § 74.462 . ( 1 ) VHF segments: 152.8625, 152.870, 152.8775, 152.885, 152.8925, 152.900, 152.9075, 152.915, 152.9225, 152.930, 152.9375, 152.945, 152.9525, 152.960, 152.9675, 152.975, 152.9825, 152.990, 152.9975, 153.005, 153.0125, 153.020, 153.0275, 153.035, 153.0425, 153.050, 153.0575, 153.065, 153.0725, 153.080, 153.0875, 153.095, 153.1025, 153.110, 153.1175, 153.125, 153.1325, 153.140, 153.1475, 153.155, 153.1625, 153.170, 153.1775, 153.185, 153.1925, 153.200, 153.2075, 153.215, 153.2225, 153.230, 153.2375, 153.245, 153.2525, 153.260, 153.2675, 153.275, 153.2825, 153.290, 153.2975, 153.305, 153.3125, 153.320, 153.3275, 153.335, 153.3425, 153.350, and 153.3575. These channels are subject to the conditions listed in paragraphs (e)(3) , (4) , (5) , and (10) of this section. ( 2 ) VHF segments: 160.860, 160.8675, 160.875, 160.8825, 160.890, 160.8975, 160.905, 160.9125, 160.920, 160.9275, 160.935, 160.9425, 160.950, 160.9575, 160.965, 160.9725, 160.980, 160.9875, 160.995, 161.0025, 161.010, 161.0175, 161.025, 161.0325, 161.040, 161.0475, 161.055, 161.0625, 161.070, 161.0775, 161.085, 161.0925, 161.100, 161.1075, 161.115, 161.1225, 161.130, 161.1375, 161.145, 161.1525, 161.160, 161.1675, 161.175, 161.1825, 161.190, 161.1975, 161.205, 161.2125, 161.220, 161.2275, 161.235, 161.2425, 161.250, 161.2575, 161.265, 161.2725, 161.280, 161.2875, 161.295, 161.3025, 161.310, 161.3175, 161.325, 161.3325, 161.340, 161.3475, 161.355, 161.3625, 161.370, 161.3775, 161.385, 161.3925, 161.400. These channels are subject to the condition listed in paragraph (e)(6) and (10) of this section. ( 3 ) VHF segments: 161.625, 161.6325, 161.640, 161.6475, 161.655, 161.6625, 161.670, 161.6775, 161.685, 161.6925, 161.700, 161.7075, 161.715, 161.7225, 161.730, 161.7375, 161.745, 161.7525, 161.760, 161.7675, 161.775. These channels are subject to the conditions listed in paragraphs (e)(4) , (7) , and (10) of this section. ( 4 ) UHF segments: 450.03125, 450.0375, 450.04375, 450.050, 450.05625, 450.0625, 450.06875, 450.075, 450.08125, 450.0875, 450.09375, 450.100, 450.10625, 450.1125, 450.11875, 450.125, 450.13125, 450.1375, 450.14375, 450.150, 450.15625, 450.1625, 450.16875, 450.175, 450.18125, 450.1875, 450.19375, 450.200, 450.20625, 450.2125, 450.21875, 450.225, 450.23125, 450.2375, 450.24375, 450.250, 450.25625, 450.2625, 450.26875, 450.275, 450.28125, 450.2875, 450.29375, 450.300, 450.30625, 450.3125, 450.31875, 450.325, 450.33125, 450.3375, 450.34375, 450.350, 450.35625, 450.3625, 450.36875, 450.375, 450.38125, 450.3875, 450.39375, 450.400, 450.40625, 450.4125, 450.41875, 450.425, 450.43125, 450.4375, 450.44375, 450.450, 450.45625, 450.4625, 450.46875, 450.475, 450.48125, 450.4875, 450.49375, 450.500, 450.50625, 450.5125, 450.51875, 450.525, 450.53125, 450.5375, 450.54375, 450.550, 450.55625, 450.5625, 450.56875, 450.575, 450.58125, 450.5875, 450.59375, 450.600, 450.60625, 450.6125, 450.61875, 455.03125, 455.0375, 455.04375, 455.050, 455.05625, 455.0625, 455.06875, 455.075, 455.08125, 455.0875, 455.09375, 455.100, 455.10625, 455.1125, 455.11875, 455.125, 455.13125, 455.1375, 455.14375, 455.150, 455.15625, 455.1625, 455.16875, 455.175, 455.18125, 455.1875, 455.19375, 455.200, 455.20625, 455.2125, 455.21875, 455.225, 455.23125, 455.2375, 455.24375, 455.250, 455.25625, 455.2625, 455.26875, 455.275, 455.28125, 455.2875, 455.29375, 455.300, 455.30625, 455.3125, 455.31875, 455.325, 455.33125, 455.3375, 455.34375, 455.350, 455.35625, 455.3625, 455.36875, 455.375, 455.38125, 455.3875, 455.39375, 455.400, 455.40625, 455.4125, 455.41875, 455.425, 455.43125, 455.4375, 455.44375, 455.450, 455.45625, 455.4625, 455.46875, 455.475, 455.48125, 455.4875, 455.49375, 455.500, 455.50625, 455.5125, 455.51875, 455.525, 455.53125, 455.5375, 455.54375, 455.550, 455.55625, 455.5625, 455.56875, 455.575, 455.58125, 455.5875, 455.59375, 455.600, 455.60625, 455.6125, 455.61875. ( c ) Up to two of the following 25 kHz segments may be stacked to form a channel which may be assigned for use by broadcast remote pickup stations using any emission contained within the resultant channel in accordance with the provisions of § 74.462 . Users committed to 50 kHz bandwidths and transmitting program material will have primary use of these channels. ( 1 ) UHF segments: 450.6375, 450.6625, 450.6875, 450.7125, 450.7375, 450.7625, 450.7875, 450.8125, 450.8375, 450.8625, 455.6375, 455.6625, 455.6875, 455.7125, 455.7375, 455.7625, 455.7875, 455.8125, 455.8375, 455.8625 MHz. ( 2 ) [Reserved] ( d ) Up to two of the following 50 kHz segments may be stacked to form a channel which may be assigned for use by broadcast remote pickup stations using any emission contained within the resultant channel in accordance with the provisions of § 74.462 . Users committed to 100 kHz bandwidths and transmitting program material will have primary use of these channels. ( 1 ) UHF segments: 450.900, 450.950, 455.900, and 455.950 MHz. ( 2 ) [Reserved] ( e ) Conditions on Broadcast Remote Pickup Service channel usage as referred to in paragraphs (a) through (d) of this section: ( 1 ) [Reserved] ( 2 ) Operation is subject to the condition that no harmful interference is caused to stations in the broadcast service. ( 3 ) Operation is subject to the condition that no harmful interference is caused to stations operating in accordance with the Table of Frequency Allocations set forth in part 2 of this chapter . Applications for licenses to use frequencies in this band must include statements showing what procedures will be taken to ensure that interference will not be caused to stations in the Industrial/Business Pool (Part 90). ( 4 ) These frequencies will not be licensed to network entities. ( 5 ) These frequencies will not be authorized to new stations for use on board aircraft. ( 6 ) These frequencies are allocated for assignment to broadcast remote pickup stations in Puerto Rico or the Virgin Islands only. Note to paragraph ( e )(6): These frequencies are shared with Public Safety and Industrial/Business Pools (Part 90). ( 7 ) These frequencies may not be used by broadcast remote pickup stations in Puerto Rico or the Virgin Islands. In other areas, certain existing stations in the Public Safety and Industrial/Business Pools (Part 90) have been permitted to continue operation on these frequencies on the condition that no harmful interference is caused to broadcast remote pickup stations. ( 8 ) Operation on frequencies 166.25 MHz and 170.15 MHz is subject to the condition that harmful interference shall not be caused to present or future Government stations in the band 162-174 MHz and is also subject to the bandwidth and tolerance limitations and compliance deadlines listed in § 74.462 of this part . Authorization on these frequencies shall be in the lower 48 contiguous States only, except within the area bounded on the west by the Mississippi River, on the north by the parallel of latitude 37°30′ N., and on the east and south by that arc of the circle with center at Springfield, Illinois, and radius equal to the airline distance between Springfield, Illinois, and Montgomery, Alabama, subtended between the foregoing west and north boundaries, or within 150 miles (241.4 km) of New York City. ( 9 ) The use of these frequencies is limited to operational communications, including tones for signaling and for remote control and automatic transmission system control and telemetry. Stations licensed or applied for before April 16, 2003, must comply with the channel plan by March 17, 2006, or may continue to operate on a secondary, non-interference basis. ( 10 ) Stations licensed or applied for before April 16, 2003, must comply with the channel plan by March 17, 2006, or may continue to operate on a secondary, non-interference basis. ( f ) License applicants shall request assignment of only those channels, both in number and bandwidth, necessary for satisfactory operation and for which the system is equipped to operate. However, it is not necessary that each transmitter within a system be equipped to operate on all frequencies authorized to that licensee. ( g ) Remote pickup stations or systems will not be granted exclusive channel assignments. The same channel or channels may be assigned to other licensees in the same area. When such sharing is necessary, the provisions of § 74.403 shall apply. [ 68 FR 12763 , Mar. 17, 2003, as amended at 68 FR 25540 , May 13, 2003] § 74.403 Frequency selection to avoid interference. ( a ) Where two or more remote pickup broadcast station licensees are authorized to operate on the same frequency or group of frequencies in the same area and when simultaneous operation is contemplated, the licensees shall endeavor to select frequencies or schedule operation in such manner as to avoid mutual interference. If mutual agreement to this effect cannot be reached the Commission shall be notified and it will specify the frequency or frequencies on which each station is to be operated. ( b ) The following order of priority of transmissions shall be observed on all frequencies except frequencies 26.07 MHz, 26.11 MHz, and 26.45 MHz, and frequencies listed in § 74.402(a)(4) and (c)(1) : ( 1 ) Communications during an emergency or pending emergency directly related to the safety of life and property. ( 2 ) Program material to be broadcast. ( 3 ) Cues, orders, and other related communications immediately necessary to the accomplishment of a broadcast. ( 4 ) Operational communications. ( 5 ) Tests or drills to check the performance of stand-by or emergency circuits. [ 41 FR 29686 , July 19, 1976, as amended at 68 FR 12764 , Mar. 17, 2003] § 74.431 Special rules applicable to remote pickup stations. ( a ) Remote pickup mobile stations may be used for the transmission of material from the scene of events which occur outside the studio back to studio or production center. The transmitted material shall be intended for the licensee's own use and may be made available for use by any other broadcast station or cable system. ( b ) Remote pickup mobile or base stations may be used for communications related to production and technical support of the remote program. This includes cues, orders, dispatch instructions, frequency coordination, establishing microwave links, and operational communications. Operational communications are alerting tones and special signals of short duration used for telemetry or control. ( c ) Remote pickup mobile or base stations may communicate with any other station licensed under this subpart. ( d ) Remote pickup mobile stations may be operated as a vehicular repeater to relay program material and communications between stations licensed under this subpart. Precautions shall be taken to avoid interference to other stations and the vehicular repeater shall only be activated by hand-carried or pack-carried units. ( e ) The output of hand-carried or pack-carried transmitter units used with a vehicular repeater is limited to 2.5 watts. The output of a vehicular repeater transmitter used as a talkback unit on an additional frequency is limited to 2.5 watts. ( f ) Remote pickup base and mobile stations in Alaska, Guam, Hawaii, Puerto Rico, and the Virgin Islands may be used for any purpose related to the programming or technical operation of a broadcasting station, except for transmission intended for direct reception by the general public. ( g ) [Reserved] ( h ) In the event that normal aural studio to transmitter circuits are damaged, stations licensed under Subpart D may be used to provide temporary circuits for a period not exceeding 30 days without further authority from the Commission necessary to continue broadcasting. ( i ) Remote pickup mobile or base stations may be used for activities associated with the Emergency Alert System (EAS) and similar emergency survival communications systems. Drills and test are also permitted on these stations, but the priority requirements of § 74.403(b) must be observed in such cases. [ 51 FR 4602 , Feb. 6, 1986, as amended at 68 FR 12764 , Mar. 17, 2003] § 74.432 Licensing requirements and procedures. ( a ) A license for a remote pickup station will be issued to: the licensee of an AM, FM, noncommercial FM, low power FM, TV, Class A TV, international broadcast or low power TV station; broadcast network-entity; or cable network-entity. ( b ) Base stations may operate as automatic relay stations on the frequencies listed in § 74.402(b)(4) and (c)(1) under the provisions of § 74.436 , however, one licensee may not operate such stations on more than two frequency pairs in a single area. ( c ) Base stations may use voice communications between the studio and transmitter or points of any intercity relay system on frequencies in Groups I and J. ( d ) Base stations may be authorized to establish standby circuits from places where official broadcasts may be made during times of emergency and circuits to interconnect an emergency survival communications system. ( e ) In Alaska, Guam, Hawaii, Puerto Rico, and the Virgin Islands, base stations may provide program circuits between the studio and transmitter or to relay programs between broadcasting stations. A base station may be operated unattended in accordance with the following: ( 1 ) The station must be designed, installed, and protected so that the transmitter can only be activated or controlled by persons authorized by the licensee. ( 2 ) The station must be equipped with circuits to prevent transmitter operation when no signal is received from the station which it is relaying. ( f ) Remote pickup stations may use only those frequencies and bandwidths which are necessary for operation. ( g ) An application for a remote pickup broadcast station or system shall specify the broadcasting station with which the remote pickup broadcast facility is to be principally used and the licensed area of operation for a system which includes mobile stations shall be the area considered to be served by the associated broadcasting station. Mobile stations may be operated outside the licensed area of operation pursuant to § 74.24 of this part . Where the applicant for remote pickup broadcast facilities is the licensee of more than one class of broadcasting station (AM, FM, TV), all licensed to the same community, designation of one such station as the associated broadcasting station will not preclude use of the remote pickup broadcast facilities with those broadcasting stations not included in the designation and such additional use shall be at the discretion of the licensee. ( h ) In cases where a series of broadcasts are to be made from the same location, portable or mobile transmitters may be left at such location for the duration of the series of broadcasts: Provided, The transmitting apparatus is properly secured so that it may not be operated by unauthorized persons when unattended. Prior Commission authority shall be obtained for the installation of any transmitting antenna which requires notification to the FAA, pursuant to § 17.7 of the Commission's rules and regulations, and which will be in existence for more than 2 days. ( i ) The location of each remote pickup broadcast base station will be specified in the station or system license and such stations may not be operated at any other location without prior authority of the Commission. ( j ) The license shall be retained in the licensee's files at the address shown on the authorization. ( k ) In case of permanent discontinuance of operations of a station licensed under this subpart, the licensee shall cancel the station license using FCC Form 601. For purposes of this section, a station which is not operated for a period of one year is considered to have been permanently discontinued. (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155 ) [ 41 FR 29686 , July 19, 1976, as amended at 42 FR 2071 , Jan. 10, 1977; 47 FR 21496 , May 18, 1982; 49 FR 14509 , Apr. 12, 1984; 51 FR 4602 , Feb. 6, 1986; 58 FR 19775 , Apr. 16, 1993; 60 FR 55482 , Nov. 1, 1995; 65 FR 30011 , May 10, 2000; 68 FR 12764 , Mar. 17, 2003; 84 FR 2759 , Feb. 8, 2019] § 74.433 Temporary authorizations. ( a ) Special temporary authority may be granted for remote pickup station operation which cannot be conducted in accordance with § 74.24 . Such authority will normally be granted only for operations of a temporary nature. Where operation is seen as likely on a continuing annual basis, an application for a regular authorization should be submitted. ( b ) A request for special temporary authority for the operation of a remote pickup broadcast station must be made in accordance with the procedures of § 1.931(b) of this chapter . ( c ) All requests for special temporary authority of a remote pickup broadcast station must include full particulars including: licensee's name and address, facility identification number of the associated broadcast station or stations, call letters of remote pickup station (if assigned), type and manufacturer of equipment, power output, emission, frequency or frequencies proposed to be used, commencement and termination date, location of operation and purpose for which request is made including any particular justification. ( d ) A request for special temporary authority shall specify a frequency or frequencies consistent with the provisions of § 74.402 : Provided, That, in the case of events of wide-spread interest and importance which cannot be transmitted successfully on these frequencies, frequencies assigned to other services may be requested upon a showing that operation thereon will not cause interference to established stations: And provided further, In no case will operation of a remote pickup broadcast station be authorized on frequencies employed for the safety of life and property. ( e ) The user shall have full control over the transmitting equipment during the period it is operated. ( f ) Special temporary authority to permit operation of remote pickup broadcast stations or systems pending Commission action on an application for regular authority will not normally be granted. [ 41 FR 29686 , July 19, 1976, as amended at 47 FR 9220 , Mar. 4, 1982; 47 FR 55936 , Dec. 14, 1982; 50 FR 23709 , June 5, 1985; 58 FR 19775 , Apr. 16, 1993; 68 FR 12765 , Mar. 17, 2003] § 74.434 Remote control operation. ( a ) A remote control system must provide adequate monitoring and control functions to permit proper operation of the station. ( b ) A remote control system must be designed, installed, and protected so that the transmitter can only be activated or controlled by persons authorized by the licensee. ( c ) A remote control system must prevent inadvertent transmitter operation caused by malfunctions in the circuits between the control point and transmitter. [ 51 FR 4602 , Feb. 6, 1986, as amended at 60 FR 55482 , Nov. 1, 1995] § 74.436 Special requirements for automatic relay stations. ( a ) An automatic relay station must be designed, installed, and protected so that the transmitter can only be activated or controlled by persons authorized by the licensee. ( b ) An automatic relay station may accomplish retransmission of the incoming signals by either heterodyne frequency conversion or by modulating the transmitter with the demodulated incoming signals. ( c ) An automatic relay station transmitter may relay the demodulated incoming signals from one or more receivers. [ 51 FR 4602 , Feb. 6, 1986, as amended at 60 FR 55483 , Nov. 1, 1995] § 74.451 Certification of equipment. ( a ) Applications for new remote pickup broadcast stations or systems or for changing transmitting equipment of an existing station will not be accepted unless the transmitters to be used have been certificated by the FCC pursuant to the provisions of this subpart, or have been certificated for licensing under part 90 of this chapter and do not exceed the output power limits specified in § 74.461(b) . ( b ) Any manufacturer of a transmitter to be used in this service may apply for certification for such transmitter following the certification procedure set forth in part 2 of the Commission's rules and regulations. Attention is also directed to part 1 of the Commission's rules and regulations which specifies the fees required when filing an application for certification. ( c ) An applicant for a remote pickup broadcast station or system may also apply for certification for an individual transmitter by following the certification procedure set forth in part 2 of the Commission's rules and regulations. ( d ) All transmitters marketed for use under this subpart shall be certificated by the Federal Communications Commission. (Refer to subpart J of part 2 of the Commission's Rules and Regulations.) ( e ) Remote pickup broadcast station equipment authorized to be used pursuant to an application accepted for filing prior to December 1, 1977, may continue to be used by the licensee or its successors or assignees: Provided, however, If operation of such equipment causes harmful interference due to its failure to comply with the technical standards set forth in this subpart, the Commission may, at its discretion, require the licensee to take such corrective action as is necessary to eliminate the interference. ( f ) Each instrument of authority which permits operation of a remote pickup broadcast station or system using equipment which has not been certificated will specify the particular transmitting equipment which the licensee is authorized to use. (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155 ) [ 41 FR 29686 , July 19, 1976, as amended at 42 FR 14728 , Mar. 16, 1977; 42 FR 43636 , Aug. 30, 1977; 43 FR 14661 , Apr. 7, 1978; 45 FR 28142 , Apr. 28, 1980; 63 FR 36604 , July 7, 1998; 68 FR 12765 , Mar. 17, 2003] § 74.452 Equipment changes. ( a ) Modifications may be made to an existing authorization in accordance with §§ 1.929 and 1.947 of this chapter . ( b ) All transmitters initially installed after November 30, 1977, must be certificated for use in this service or other service as specified in § 74.451(a) . [ 68 FR 12765 , Mar. 17, 2003] § 74.461 Transmitter power. ( a ) Transmitter power is the power at the transmitter output terminals and delivered to the antenna, antenna transmission line, or any other impedance-matched, radio frequency load. For the purpose of this Subpart, the transmitter power is the carrier power. ( b ) The authorized transmitter power for a remote pickup broadcast station shall be limited to that necessary for satisfactory service and, in any event, shall not be greater than 100 watts, except that a station to be operated aboard an aircraft shall normally be limited to a maximum authorized power of 15 watts. Specific authorization to operate stations on board aircraft with an output power exceeding 15 watts will be issued only upon an adequate engineering showing of need, and of the procedures that will be taken to avoid harmful interference to other licensees. (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155 ) [ 41 FR 29686 , July 19, 1976, as amended at 43 FR 14662 , Apr. 7, 1978] § 74.462 Authorized bandwidth and emissions. ( a ) Each authorization for a new remote pickup broadcast station or system shall require the use of certificated equipment and such equipment shall be operated in accordance with emission specifications included in the grant of certification and as prescribed in paragraphs (b) , (c) , and (d) of this section. ( b ) The maximum authorized bandwidth of emissions corresponding to the types of emissions specified below, and the maximum authorized frequency deviation in the case of frequency or phase modulated emission, shall be as follows: Frequencies Authorized bandwidth (kHz) Maximum frequency deviation 1 (kHz) Type of emission 2 MHz: 25.87 to 26.03 26.07 to 26.47 152.8625 to 153.3575 3 40 20 30/60 10 5 5/10 Frequencies 25.87 to 153.3575 MHz: A3E, F1E, F3E, F9E. 160.860 to 161.400 60 10 161.625 to 161.775 30 5 166.25 and 170.15 4 12.5/25 5 450.00625 to 450.025 450.98125 to 450.99375 455.00625 to 455.025 455.98125 to 455.99375 Up to 12.5 1.5 Frequencies 160.860 to 455.950 MHz: A1A, A1B, A1D, A1E, A2A, A2B, A2D, A2E, A3E, F1A, F1B, F1D, F1E, F2A, F2B, F2D, F2E, F3E, F9E 450.03125 to 450.61875 455.03125 to 455.61875 Up to 25 5 450.6375 to 450.8625 455.6375 to 455.8625 25-50 10 450.900, 450.950 455.900, 455.950 50-100 35 1 Applies where F1A, F1B, F1D, F1E, F2A, F2B, F2D, F2E, F3E, or F9E emissions are used. 2 Stations operating above 450 MHz shall show a need for employing A1A, A1B, A1D, A1E, A2A, A2B, A2D, A2E, F1A, F1B, F1D, F1E, F2A, F2B, F2D, or F2E emission. 3 New or modified licenses for use of the frequencies will not be granted to utilize transmitters on board aircraft, or to use a bandwidth in excess of 30 kHz and maximum deviation exceeding 5 kHz 4 For stations licensed or applied for before April 16, 2003, the sum of the bandwidth of emission and tolerance on frequencies 166.25 MHz or 170.15 MHz shall not exceed 25 kHz, and such operation may continue until January 1, 2005. For new stations licensed or applied for on or after April 16, 2003, the sum of the bandwidth of emission and tolerance on these frequencies shall not exceed 12.5 kHz. For all remote pickup broadcast stations, the sum of the bandwidth of emission and tolerance on these frequencies shall not exceed 12.5 kHz on or after January 1, 2005. ( c ) For emissions on frequencies above 25 MHz with authorized bandwidths up to 30 kHz, the emissions shall comply with the emission mask and transient frequency behavior requirements of §§ 90.210 and 90.214 of this chapter . For all other emissions, the mean power of emissions shall be attenuated below the mean output power of the transmitter in accordance with the following schedule: ( 1 ) On any frequency removed from the assignment frequency by more than 50 percent up to and including 100 percent of the authorized bandwidth: at least 25 dB: ( 2 ) On any frequency removed from the assigned frequency by more than 100 percent up to and including 250 percent of the authorized bandwidth: at least 35 dB; ( 3 ) On any frequency removed from the assigned frequency by more than 250 percent on the authorized bandwidth; at least 43 plus 10 log 10 (mean output power, in watts) dB. ( d ) In the event a station's emissions outside its authorized channel cause harmful interference, the Commission may, at its discretion, require the licensee to take such further steps as may be necessary to eliminate the interference. Note: The measurements of emission power can be expressed in peak or mean values provided they are expressed in the same parameters as the unmodulated transmitter carrier power. (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155 ) [ 41 FR 29686 , July 19, 1976, as amended at 41 FR 32429 , Aug. 3, 1976; 41 FR 35068 , Aug. 19, 1976; 43 FR 14662 , Apr. 7, 1978; 43 FR 38391 , Aug. 28, 1978; 44 FR 65765 , Nov. 15, 1979; 56 FR 28498 , June 21, 1991; 63 FR 36604 , July 7, 1998; 68 FR 12765 , Mar. 17, 2003; 68 FR 25540 , May 13, 2003] § 74.463 Modulation requirements. ( a ) Each new remote pickup broadcast station authorized to operate with a power output in excess of 3 watts shall be equipped with a device which will automatically prevent modulation in excess of the limits set forth in this subpart. ( b ) If amplitude modulation is employed, modulation shall not exceed 100 percent on negative peaks. ( c ) If frequency modulation is employed, emission shall conform to the requirements specified in § 74.462 . [ 41 FR 29686 , July 19, 1976, as amended at 47 FR 54448 , Dec. 3, 1982] § 74.464 Frequency tolerance. For operations on frequencies above 25 MHz using authorized bandwidths up to 30 kHz, the licensee of a remote pickup broadcast station or system shall maintain the operating frequency of each station in compliance with the frequency tolerance requirements of § 90.213 of this chapter . For all other operations, the licensee of a remote pickup broadcast station or system shall maintain the operating frequency of each station in accordance with the following: Frequency range Tolerance (percent) Base station Mobile station 25 to 30 MHz: 3 W or less .002 .005 Over 3 W .002 .002 30 to 300 MHz: 3 W or less .0005 .005 Over 3 W .0005 .0005 300 to 500 MHz, all powers .00025 .0005 (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 41 FR 29686 , July 19, 1976, as amended at 42 FR 2071 , Jan. 10, 1977; 43 FR 38391 , Aug. 28, 1978; 44 FR 65765 , Nov. 15, 1979; 68 FR 12766 , Mar. 17, 2003; 68 FR 25540 , May 13, 2003] § 74.465 Frequency monitors and measurements. The licensee of a remote pickup station or system shall provide the necessary means to assure that all operating frequencies are maintained within the allowed tolerances. [ 51 FR 4603 , Feb. 6, 1986] § 74.482 Station identification. ( a ) Each remote pickup broadcast station shall be identified by the transmission of the assigned station or system call sign, or by the call sign of the associated broadcast station. For systems, the licensee (including those operating pursuant to § 74.24 of this part ) shall assign a unit designator to each station in the system. The call sign (and unit designator, where appropriate) shall be transmitted at the beginning and end of each period of operation. A period of operation may consist of a single continuous transmission, or a series of intermittent transmissions pertaining to a single event. ( b ) In cases where a period of operation is of more than one hour duration identification of remote pickup broadcast stations participating in the operation shall be made at approximately one-hour intervals. Identification transmissions during operation need not be made when to make such transmissions would interrupt a single consecutive speech, play, religious service, symphony, concert, or any type of production. In such cases, the identification transmissions shall be made at the first interruption in the program continuity and at the conclusion thereof. Hourly identification may be accomplished either by transmission of the station or system call sign and unit designator assigned to the individual station or identification of an associated broadcasting station or network with which the remote pickup broadcast station is being used. ( c ) In cases where an automatic relay station is a part of the circuit, the call sign of the relay transmitter may be transmitted automatically by the relay transmitter or by the remote pickup broadcast base or mobile station that actuates the automatic relay station. ( d ) Automatically activated equipment may be used to transmit station identification in International Morse Code, provided that the modulation tone is 1200 Hz±800 Hz, the level of modulation of the identification signal is maintained at 40%±10%, and that the code transmission rate is maintained between 20 and 25 words per minute. ( e ) For stations using F1E or G1E emissions, identification shall be transmitted in the unscrambled analog (F3E) mode or in International Morse Code pursuant to the provisions of paragraph (d) of this section at intervals not to exceed 15 minutes. For purposes of rule enforcement, all licensees using F1E or G1E emissions shall provide, upon request by the Commission, a full and complete description of the encoding methodology they currently use. Note: Stations are encouraged to identify using their associated part 73 station call sign. [ 41 FR 29686 , July 19, 1976, as amended at 47 FR 9220 , Mar. 4, 1982; 52 FR 47569 , Dec. 15, 1987; 56 FR 28499 , June 21, 1991; 68 FR 12766 , Mar. 17, 2003] Subpart E—Aural Broadcast Auxiliary Stations § 74.501 Classes of aural broadcast auxiliary stations. ( a ) Aural broadcast STL station. A fixed station for the transmission of aural program material between the studio and the transmitter of a broadcasting station other than an international broadcasting station. ( b ) Aural broadcast intercity relay (ICR) station. A fixed station for the transmission of aural program material between radio broadcast stations, other than international broadcast stations, between FM radio broadcast stations and their co-owned FM booster stations, between noncommercial educational FM radio stations and their co-owned noncommercial educational FM translator stations assigned to reserved channels (Channels 201 to 220), between FM radio stations and FM translator stations operating within the coverage contour of their primary stations, or for such other purposes as authorized in § 74.531 . ( c ) Aural broadcast microwave booster station. A fixed station in the broadcast auxiliary service that receives and amplifies signals of an aural broadcast STL or intercity relay station and retransmits them on the same frequency. [ 28 FR 13716 , Dec. 14, 1963, as amended at 49 FR 7129 , Feb. 27, 1984; 53 FR 4169 , Feb. 12, 1988; 55 FR 50692 , Dec. 10, 1990; 57 FR 41111 , Sept. 9, 1992] § 74.502 Frequency assignment. ( a ) Except as provided in NG30, broadcast auxiliary stations licensed as of November 21, 1984, to operate in the band 942-944 MHz [ 1 ] may continue to operate on a co-equal, primary basis to other stations and services operating in the band in accordance with the Table of Frequency Allocations. These stations will be protected from possible interference caused by new users of the band by the technical standards specified in § 101.105(c)(2) . ( b ) The frequency band 944-952 MHz is available for assignment to aural STL and ICR stations. One or more of the following 25 kHz segments may be stacked to form a channel which may be assigned with a maximum authorized bandwidth of 300 kHz except as noted in the following Table. The channel, will be assigned by its center frequency, channel bandwidth, and emission designator. The following frequencies are the centers of individual segments. When stacking an even number of segments, the center frequency specified will deviate from the following frequencies in that it should correspond to the actual center of stacked channels. When stacking an odd number of channels, the center frequency specified will correspond to one of the following frequencies. 944.0125, 944.0375, 944.0625, 944.0875, 944.1125, 944.1375, 944.1625, 944.1875, 944.2125, 944.2375, 944.2625, 944.2875, 944.3125, 944.3375, 944.3625, 944.3875, 944.4125, 944.4375, 944.4625, 944.4875, 944.5125, 944.5375, 944.5625, 944.5875, 944.6125, 944.6375, 944.6625, 944.6875, 944.7125, 944.7375, 944.7625, 944.7875, 944.8125, 944.8375, 944.8625, 944.8875, 944.9125, 944.9375, 944.9625, 944.9875, 945.0125, 945.0375, 945.0625, 945.0875, 945.1125, 945.1375, 945.1625, 945.1875, 945.2125, 945.2375, 945.2625, 945.2875, 945.3125, 945.3375, 945.3625, 945.3875, 945.4125, 945.4375, 945.4625, 945.4875, 945.5125, 945.5375, 945.5625, 945.5875, 945.6125, 945.6375, 945.6625, 945.6875, 945.7125, 945.7375, 945.7625, 945.7875, 945.8125, 945.8375, 945.8625, 945.8875, 945.9125, 945.9375, 945.9625, 945.9875, 946.0125, 946.0375, 946.0625, 946.0875, 946.1125, 946.1375, 946.1625, 946.1875, 946.2125, 946.2375, 946.2625, 946.2875, 946.3125, 946.3375, 946.3625, 946.3875, 946.4125, 946.4375, 946.4625, 946.4875, 946.5125, 946.5375, 946.5625, 946.5875, 946.6125, 946.6375, 946.6625, 946.6875, 946.7125, 946.7375, 946.7625, 946.7875, 946.8125, 946.8375, 946.8625, 946.8875, 946.9125, 946.9375, 946.9625, 946.9875, 947.0125, 947.0375, 947.0625, 947.0875, 947.1125, 947.1375, 947.1625, 947.1875, 947.2125, 947.2375, 947.2625, 947.2875, 947.3125, 947.3375, 947.3625, 947.3875, 947.4125, 947.4375, 947.4625, 947.4875, 947.5125, 947.5375, 947.5625, 947.5875, 947.6125, 947.6375, 947.6625, 947.6875, 947.7125, 947.7375, 947.7625, 947.7875, 947.8125, 947.8375, 947.8625, 947.8875, 947.9125, 947.9375, 947.9625, 947.9875, 948.0125, 948.0375, 948.0625, 948.0875, 948.1125, 948.1375, 948.1625, 948.1875, 948.2125, 948.2375, 948.2625, 948.2875, 948.3125, 948.3375, 948.3625, 948.3875, 948.4125, 948.4375, 948.4625, 948.4875, 948.5125, 948.5375, 948.5625, 948.5875, 948.6125, 948.6375, 948.6625, 948.6875, 948.7125, 948.7375, 948.7625, 948.7875, 948.8125, 948.8375, 948.8625, 948.8875, 948.9125, 948.9375, 948.9625, 948.9875, 949.0125, 949.0375, 949.0625, 949.0875, 949.1125, 949.1375, 949.1625, 949.1875, 949.2125, 949.2375, 949.2625, 949.2875, 949.3125, 949.3375, 949.3625, 949.3875, 949.4125, 949.4375, 949.4625, 949.4875, 949.5125, 949.5375, 949.5625, 949.5875, 949.6125, 949.6375, 949.6625, 949.6875, 949.7125, 949.7375, 949.7625, 949.7875, 949.8125, 949.8375, 949.8625, 949.8875, 949.9125, 949.9375, 949.9625, 949.9875, 950.0125, 950.0375, 950.0625, 950.0875, 950.1125, 950.1375, 950.1625, 950.1875, 950.2125, 950.2375, 950.2625, 950.2875, 950.3125, 950.3375, 950.3625, 950.3875, 950.4125, 950.4375, 950.4625, 950.4875, 950.5125, 950.5375, 950.5625, 950.5875, 950.6125, 950.6375, 950.6625, 950.6875, 950.7125, 950.7375, 950.7625, 950.7875, 950.8125, 950.8375, 950.8625, 950.8875, 950.9125, 950.9375, 950.9625, 950.9875, 951.0125, 951.0375, 951.0625, 951.0875, 951.1125, 951.1375, 951.1625, 951.1875, 951.2125, 951.2375, 951.2625, 951.2875, 951.3125, 951.3375, 951.3625, 951.3875, 951.4125, 951.4375, 951.4625, 951.4875, 951.5125, 951.5375, 951.5625, 951.5875, 951.6125, 951.6375, 951.6625, 951.6875, 951.7125, 951.7375, 951.7625, 951.7875, 951.8125, 951.8375, 951.8625, 951.8875, 951.9125, 951.9375, 951.9625, 951.9875. ( 1 ) A single broadcast station may be authorized up to a maximum of twenty segments (500 kHz total bandwidth) for transmission of program material between a single origin and one or more designations. The station may lease excess capacity for broadcast and other uses on a secondary basis, subject to availability of spectrum for broadcast use. However, an FM station licensed for twelve or fewer segments (300 kHz total bandwidth) or an AM station licensed for eight or fewer segments (200 kHz total bandwidth) may lease excess capacity for broadcast and other uses on a primary basis. ( 2 ) An applicant (new or modification of existing license) may assume the cost of replacement of one or more existing licensees equipment with narrowband equipment of comparable capabilities and quality in order to make available spectrum for its facilities. Existing licensees must accept such replacement without cost to them except upon a showing that the replacement equipment does not meet the capability or quality requirements. ( c ) Aural broadcast STL and intercity relay stations that were licensed or had applications pending before the Commission as of September 18, 1998 may continue those operations in the band 18,760-18,820 and 19,100-19,160 MHz on a shared co-primary basis with other services under parts 21 , 25 , and 101 of this chapter until June 8, 2010. Prior to June 8, 2010, such stations are subject to relocation by licensees in the fixed-satellite service. Such relocation is subject to the provisions of §§ 101.85 through 101.97 of this chapter . After June 8, 2010, such operations are not entitled to protection from fixed-satellite service operations and must not cause unacceptable interference to fixed-satellite service station operations. No applications for new licenses will be accepted in these bands after June 8, 2000. ( 1 ) (i) 5 MHz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 340 MHz Separation 18762.5 19102.5 18767.5 19107.5 18772.5 19112.5 18777.5 19117.5 18782.5 19122.5 18787.5 19127.5 18792.5 19132.5 18797.5 19137.5 18802.5 19142.5 18807.5 19147.5 18812.5 19152.5 18817.5 19157.5 ( ii ) Licensees may use either a two-way link or one frequency of a frequency pair for a one-way link. ( 2 ) [Reserved] ( d ) For the coordination of all frequency assignments for fixed stations above 944 MHz, for each frequency authorized under this part, the interference protection criteria in § 101.105(a) , (b) , and (c) of this chapter and the frequency usage coordination procedures of § 101.103(d) of this chapter will apply. ( e ) The use of the frequencies listed in paragraph (b) of this section by aural broadcast intercity relay stations is subject to the condition that no harmful interference is caused to other classes of stations operating in accordance with the Table of Frequency Allocations contained in § 2.106 of this chapter . [ 28 FR 13716 , Dec. 14, 1963, as amended at 48 FR 50332 , Nov. 1, 1983; 49 FR 37777 , Sept. 26, 1984; 50 FR 4658 , Feb. 1, 1985; 50 FR 7341 , Feb. 22, 1985; 50 FR 34150 , Aug. 23, 1985; 50 FR 48600 , Nov. 26, 1985; 54 FR 10329 , Mar. 13, 1989; 54 FR 24905 , June 12, 1989; 54 FR 30043 , July 18, 1989; 65 FR 38325 , June 20, 2000; 65 FR 54172 , Sept. 7, 2000; 68 FR 12766 , Mar. 17, 2003; 68 FR 16967 , Apr. 8, 2003; 73 FR 25496 , May 6, 2008] Footnotes - 74.502 [ 1 ] Note: In addition to this band, stations in Puerto Rico may continue to be authorized on 942.5, 943.0, 943.5, 944.0 MHz in the band 942-944 MHz on a primary basis to stations and services operating in accordance with the Table of Frequency Allocations. § 74.503 Frequency selection. ( a ) Each application for a new station or change in an existing station shall be specific with regard to frequency. In general, the lowest suitable frequency will be assigned which, on an engineering basis, will not cause harmful interference to other stations operating in accordance with existing frequency allocations. ( b ) Where it appears that interference may result from the operation of a new station or a change in the facilities of an existing station, the Commission may require a showing that harmful interference will not be caused to existing stations or that if interference will be caused the need for the proposed service outweighs the loss of service due to the interference. [ 28 FR 13716 , Dec. 14, 1963] § 74.531 Permissible service. ( a ) An aural broadcast STL station is authorized to transmit aural program material between the studio and transmitter location of a broadcasting station, except an international broadcasting station, for simultaneous or delayed broadcast. ( b ) An aural broadcast intercity relay station is authorized to transmit aural program material between broadcasting stations, except international broadcasting stations, for simultaneous or delayed broadcast. ( c ) An aural broadcast intercity relay station is authorized to transmit aural program material between noncommercial educational FM radio stations and their co-owned noncommercial educational FM translator stations assigned to reserved channels (Channels 201 to 220) and between FM radio stations and FM translator stations operating within the coverage contour of their primary stations. This use shall not interfere with or otherwise preclude use of these broadcast auxiliary facilities by broadcast auxiliary stations transmitting aural programming between broadcast stations as provided in paragraph (b) of this section. ( d ) An aural broadcast STL or intercity relay may be used to transmit material between an FM broadcast radio station and an FM booster station owned, operated, and controlled by the licensee of the originating FM radio station. This use shall not interfere with or otherwise preclude use of these broadcast auxiliary facilities by broadcast auxiliary stations transmitting aural programming between the studio and transmitter location of a broadcast station or between broadcast stations as provided in paragraphs (a) and (b) of this section. ( e ) An aural broadcast microwave booster station is authorized to retransmit the signals of an aural broadcast STL or intercity relay station. ( f ) Multiplexing of the STL or intercity relay transmitter may be employed to provide additional communication channels for the transmission of aural program material, news-wire teleprinter signals relaying news to be associated with main channel programming, operational communications, and material authorized to be transmitted over an FM station under a valid Subsidiary Communications Authorization (SCA). An aural broadcast STL or intercity relay station may not be operated solely for the transmission of operational, teleprinter or subsidiary communications. Operational communications include cues, orders, and other communications directly related to the operation of the broadcast station as well as special signals used for telemetry or the control of apparatus used in conjunction with the broadcasting operations. ( g ) All program material, including subsidiary communications, transmitted over an aural broadcast STL or intercity relay station shall be intended for use by broadcast stations owned or under common control of the licensee or licensees of the STL or intercity relay station. Other broadcast stations may simultaneously utilize such program material with permission of the STL or intercity relay station licensee. ( h ) In any case where multiplexing, is employed on an aural broadcast STL station for the simultaneous transmission of more than one aural channel, the STL transmitter must be capable of transmitting the multiple channels within the channel on which the STL station is authorized to operate and with adequate technical quality so that each broadcast station utilizing the circuit can meet the technical performance standards stipulated in the rules governing that class of broadcasting station. If multiplex operation is employed during the regular operation of the STL station, the additional circuits shall be in operation at the time that the required periodic performance measurements are made of the overall broadcasting system from the studio microphone input circuit to the broadcast transmitter output circuit. [ 28 FR 13716 , Dec. 14, 1963, as amended at 45 FR 51564 , Aug. 4, 1980; 52 FR 31403 , Aug. 20, 1987; 55 FR 50693 , Dec. 10, 1990; 57 FR 41111 , Sept. 9, 1992] § 74.532 Licensing requirements. ( a ) An aural broadcast STL or an aural broadcast intercity relay station will be licensed only to the licensee or licensees of broadcast stations, including low power FM stations, other than international broadcast stations, and for use with broadcast stations owned entirely by or under common control of the licensee or licensees. An aural broadcast intercity relay station also will be licensed for use by low power FM stations, noncommercial educational FM translator stations assigned to reserved channels (Channels 201-220) and owned and operated by their primary station, by FM translator stations operating within the coverage contour of their primary stations, and by FM booster stations. Aural auxiliary stations licensed to low power FM stations will be assigned on a secondary basis; i.e., subject to the condition that no harmful interference is caused to other aural auxiliary stations assigned to radio broadcast stations. Auxiliary stations licensed to low power FM stations must accept any interference caused by stations having primary use of aural auxiliary frequencies. ( b ) More than one aural broadcast STL or intercity relay station may be licensed to a single licensee upon a satisfactory showing that the additional stations are needed to provide different program circuits to more than one broadcast station, to provide program circuits from other studios, or to provide one or more intermediate relay stations over a path which cannot be covered with a single station due to terrain or distance. ( c ) If more than one broadcast station or class of broadcast station is to be served by a single aural broadcast auxiliary station, this information must be stated in the application for construction permit or license. ( d ) Licensees of aural broadcast STL and intercity relay stations may be authorized to operate one or more aural broadcast microwave booster stations for the purpose of relaying signals over a path that cannot be covered with a single station. ( e ) Each aural broadcast auxiliary station will be licensed at a specified transmitter location to communicate with a specified receiving location, and the direction of the main radiation lobe of the transmitting antenna will be a term of the station authorization. ( f ) In case of permanent discontinuance of operations of a station licensed under this subpart, the licensee shall cancel the station license using FCC Form 601. For purposes of this section, a station which is not operated for a period of one year is considered to have been permanently discontinued. [ 28 FR 13716 , Dec. 14, 1963, as amended at 49 FR 7129 , Feb. 27, 1984; 49 FR 10930 , Mar. 23, 1984; 52 FR 31403 , Aug. 20, 1987; 55 FR 50693 , Dec. 10, 1990; 57 FR 41111 , Sept. 9, 1992; 58 FR 19775 , Apr. 16, 1993; 65 FR 7649 , Feb. 15, 2000; 68 FR 12766 , Mar. 17, 2003] § 74.533 Remote control and unattended operation. ( a ) Aural broadcast STL and intercity relay stations may be operated by remote control provided that such operation is conducted in accordance with the conditions listed below: ( 1 ) The remote control system must provide adequate monitoring and control functions to permit proper operation of the station. ( 2 ) The remote control system must be designed, installed, and protected so that the transmitter can only be activated or controlled by persons authorized by the licensee. ( 3 ) The remote control system must prevent inadvertent transmitter operation due to malfunctions in circuits between the control point and transmitter. ( b ) Aural broadcast auxiliary stations may be operated unattended subject to the following provisions: ( 1 ) The transmitter shall be provided with adequate safeguards to prevent improper operation of the equipment. ( 2 ) The transmitter installation shall be adequately protected against tampering by unauthorized persons. ( 3 ) Whenever an unattended aural broadcast auxiliary station is used, appropriate observations must be made at the receiving end of the circuit as often as necessary to ensure proper station operation. However, an aural broadcast STL (and any aural broadcast microwave booster station) associated with a radio or TV broadcast station operated by remote control may be observed by monitoring the broadcast station's transmitted signal at the remote control or ATS monitoring point. ( c ) The FCC may notify the licensee to cease or modify operation in the case of frequency usage disputes, interference or similar situations where such action appears to be in the public interest, convenience and necessity. (Sec. 318, 48 Stat. 1089, as amended by sec. 1, 74 Stat. 363; 47 U.S.C. 318 ) [ 28 FR 13716 , Dec. 14, 1963, as amended at 47 FR 55936 , Dec. 14, 1982; 49 FR 7130 , Feb. 27, 1984; 50 FR 32417 , Aug. 12, 1985; 50 FR 48599 , Nov. 26, 1985; 60 FR 55483 , Nov. 1, 1995] § 74.534 Power limitations. ( a ) Transmitter output power. ( 1 ) Transmitter output power shall be limited to that necessary to accomplish the function of the system. ( 2 ) In the 17,700 to 19,700 MHz band, transmitter output power shall not exceed 10 watts. ( b ) In no event shall the average equivalent isotropically radiated power (EIRP), as referenced to an isotropic radiator, exceed the values specified in the following table. In cases of harmful interference, the Commission may, after notice and opportunity for hearing, order a change in the equivalent isotropically radiated power of this station. Frequency band (MHz) Maximum Allowable 1 EIRP (dBW) 944 to 952 + 40 17,700 to 18,600 + 55 18,600 to 19,700 + 35 1 Stations licensed based on an application filed before April 16, 2003, for EIRP values exceeding those specified above, may continue to operate indefinitely in accordance with the terms of their current authorizations, subject to periodic renewal. ( c ) The EIRP of transmitters that use Automatic Transmitter Power Control (ATPC) shall not exceed the EIRP specified on the station authorization. The EIRP of non-ATPC transmitters shall be maintained as near as practicable to the EIRP specified on the station authorization. [ 68 FR 12766 , Mar. 17, 2003] § 74.535 Emission and bandwidth. ( a ) The mean power of emissions shall be attenuated below the mean transmitter power (P MEAN ) in accordance with the following schedule: ( 1 ) When using frequency modulation: ( i ) On any frequency removed from the assigned (center) frequency by more than 50% up to and including 100% of the authorized bandwidth: At least 25 dB in any 100 kHz reference bandwidth (B REF ); ( ii ) On any frequency removed from the assigned (center) frequency by more than 100% up to and including 250% of the authorized bandwidth: At least 35 dB in any 100 kHz reference bandwidth; ( iii ) On any frequency removed from the assigned (center) frequency by more than 250% of the authorized bandwidth: At least 43 + 10 log 10 (P MEAN in watts) dB, or 80 dB, whichever is the lesser attenuation, in any 100 kHz reference bandwidth. ( 2 ) When using transmissions employing digital modulation techniques: ( i ) For operating frequencies below 15 GHz, in any 4 kHz reference bandwidth (B REF ), the center frequency of which is removed from the assigned frequency by more than 50 percent up to and including 250 percent of the authorized bandwidth: As specified by the following equation but in no event less than 50 decibels: A = 35 + 0.8(G − 50) + 10 Log 10 B. (Attenuation greater than 80 decibels is not required.) Where: A = Attenuation (in decibels) below the mean output power level. G = Percent removed from the carrier frequency. B = Authorized bandwidth in megahertz. ( ii ) For operating frequencies above 15 GHz, in any 1 MHz reference bandwidth (B REF ), the center frequency of which is removed from the assigned frequency by more than 50 percent up to and including 250 percent of the authorized bandwidth: As specified by the following equation but in no event less than 11 decibels: A = 11 + 0.4(G − 50) + 10 Log 10 B. (Attenuation greater than 56 decibels is not required.) ( iii ) In any 4 kHz reference bandwidth (B REF ), the center frequency of which is removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 + 10 Log 10 (P MEAN in watts) decibels, or 80 decibels, whichever is the lesser attenuation. ( b ) For all emissions not covered in paragraph (a) of this section, the peak power of emissions shall be attenuated below the peak envelope transmitter power (P PEAK ) in accordance with the following schedule: ( 1 ) On any frequency 500 Hz inside the channel edge up to and including 2500 Hz outside the same edge, the following formula will apply: A = 29 Log 10 [(25/11)[(D + 2.5 − (W/2)] 2 ] dB (Attenuation greater than 50 decibels is not required.) Where: A = Attenuation (in dB) below the peak envelope transmitter power. D = the displacement frequency (kHz) from the center of the authorized bandwidth. W = the channel bandwidth (kHz). ( 2 ) On any frequency removed from the channel edge by more than 2500 Hz: At least 43 + 10 Log 10 (P PEAK in watts) dB. ( c ) In the event a station's emissions outside its authorized channel cause harmful interference, the Commission may require the licensee to take such further steps as may be necessary to eliminate the interference. ( d ) For purposes of compliance with the emission limitation requirements of this section: ( 1 ) If the transmitter modulates a single carrier, digital modulation techniques are considered as being employed when digital modulation occupies 50 percent or more of the total peak frequency deviation of a transmitted radio frequency carrier. The total peak frequency deviation will be determined by adding the deviation produced by the digital modulation signal and the deviation produced by any frequency division multiplex (FDM) modulation used. The deviation (D) produced by the FDM signal must be determined in accordance with § 2.202(f) of this chapter . ( 2 ) If the transmitter modulates two or more carriers, with at least one using digital modulation and one using frequency or other analog modulation, digital modulation techniques are considered as being employed when the necessary bandwidth of the digital signal(s) is 50 percent or more of the aggregate bandwidth of the system, comprising the digital necessary bandwidth(s), the analog necessary bandwidth(s), and any bandwidth(s) between the digital and analog necessary bandwidths. In this case, the aggregate bandwidth shall be used for the authorized bandwidth (B) in paragraph (a) of this section, and for purposes of compliance with the bandwidth limitations in § 74.502 of this subpart ; and the sum of the powers of the analog and digital signals shall be used for mean transmitter power (P MEAN ) in paragraph (a) or the peak envelope transmitter power (P PEAK ) in paragraph (b) of this section, and for purposes of compliance with the power limitations in § 74.534 of this subpart . ( 3 ) For demonstrating compliance with the attenuation requirements for frequency modulation and digital modulation in paragraph (a) of this section, the resolution bandwidth (B RES ) of the measuring equipment used for measurements removed from the center frequency by more than 250 percent of the authorized bandwidth shall be 100 kHz for operating frequencies below 1 GHz, and 1 MHz for operating frequencies above 1 GHz. The resolution bandwidth for frequencies removed from the center frequency by less than 250 percent of the authorized bandwidth shall be the reference bandwidth (B REF ) specified in the individual emission limitations, but may be reduced to not less than one percent of the authorized bandwidth (B), adjusted upward to the nearest greater resolution bandwidth available on the measuring equipment. In all cases, if B RES and B REF are not equal, then the attenuation requirement must be increased (or decreased) as determined by a factor of 10 log 10 [(B REF in megahertz)/(B RES in megahertz)] decibels, where a positive factor indicates an increase in the attenuation requirement and a negative factor indicates a decrease in the attenuation requirement. ( 4 ) Stations licensed pursuant to an application filed before March 17, 2005, using equipment not conforming with the emission limitations specified above, may continue to operate indefinitely in accordance with the terms of their current authorizations, subject to periodic renewal. existing equipment and equipment of product lines in production before April 16, 2003, authorized via certification or Declaration of Conformity before March 17, 2005, for equipment not conforming to the emission limitations requirements specified above, may continue to be manufactured and/or marketed, but may not be authorized for use under a station license except at stations licensed pursuant to an application filed before March 17, 2005. Any non-conforming equipment authorized under a station license, and replaced on or after March 17, 2005, must be replaced by conforming equipment. Note 1 to paragraph ( d )(4): the Declaration of Conformity procedure has been replaced by the Supplier's Declaration of Conformity procedure. See § 2.950 of this chapter . ( e ) The following limitations apply to the operation of aural broadcast microwave booster stations: ( 1 ) The booster station must receive and amplify the signals of the originating station and retransmit them on the same frequency without significantly altering them in any way. The characteristics of the booster transmitter output signal shall meet the requirements applicable to the signal of the originating station. ( 2 ) The licensee is responsible for correcting any condition of interference that results from the radiation of radio frequency energy outside the assigned channel. Upon notice by the FCC to the station licensee that interference is being caused, operation of the apparatus must be immediately suspended and may not be resumed until the interference has been eliminated or it can be demonstrated that the interference is not due to spurious emissions. However, short term test transmissions may be made during the period of suspended operation to determine the efficacy of remedial measures. ( 3 ) In each instance where suspension of operation is required, the licensee must submit a full report to the FCC after operation is resumed. The report must contain details of the nature of the interference, the source of interfering signals, and the remedial steps taken to eliminate the interference. [ 28 FR 13716 , Dec. 14, 1963, as amended at 48 FR 50332 , Nov. 1, 1983; 49 FR 7130 , Feb. 27, 1984; 49 FR 37777 , Sept. 26, 1984; 50 FR 48599 , Nov. 26, 1985; 68 FR 12766 , Mar. 17, 2003; 82 FR 50835 , Nov. 2, 2017] § 74.536 Directional antenna required. ( a ) Aural broadcast STL and ICR stations are required to use a directional antenna with the minimum beamwidth necessary, consistent with good engineering practice, to establish the link. ( b ) An aural broadcast STL or intercity relay station operating in the 17.7-19.7 GHz band shall employ an antenna that meets the performance standards for Category A, except that in areas not subject to frequency congestion, antennas meeting standards for Category B may be employed. However, the Commission may require the replacement, at the licensee's expense, of any antenna or periscope antenna system of a permanent fixed station that does not meet performance Standard A, which is specified in the table in paragraph (c) of this section, upon a showing that said antenna causes or is likely to cause interference to (or receive interference from) any other authorized or proposed station; provided that an antenna meeting performance Standard A is unlikely to involve such interference. ( c ) Licensees shall comply with the antenna standards table shown in this paragraph in the following manner: ( 1 ) With either the maximum beamwidth to 3 dB points requirement or with the minimum antenna gain requirement; and ( 2 ) With the minimum radiation suppression to angle requirement. Antenna Standards Frequency (GHz) Category Maximum beamwidth to 3 dB points 1 (included angle in degrees) Minimum antenna gain (dbi) Minimum radiation suppression to angle in degrees from centerline of main beam in decibels 5° to 10° 10° to 15° 15° to 20° 20° to 30° 30° to 100° 100° to 140° 140° to 180° 17.7 to 19.7 A B 2.2 2.2 38 38 25 20 29 24 33 28 36 32 42 35 55 36 55 36 1 If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation planes. [ 48 FR 50333 , Nov. 1, 1983, as amended at 49 FR 7130 , Feb. 27, 1984; 50 FR 48599 , Nov. 26, 1985; 51 FR 19840 , June 3, 1986; 62 FR 4922 , Feb. 3, 1997; 68 FR 12767 , Mar. 17, 2003] § 74.537 Temporary authorizations. ( a ) Special temporary authority may be granted for aural broadcast STL or intercity relay station operation which cannot be conducted in accordance with § 74.24 . Such authority will normally be granted only for operations of a temporary nature. Where operation is seen as likely on a continuing annual basis, an application for a regular authorization should be submitted. ( b ) A request for special temporary authority for the operation of an aural broadcast STL or an intercity relay station must be made in accordance with the procedures of § 1.931(b) of this chapter . ( c ) All requests for special temporary authority of an aural broadcast auxiliary stations must include full particulars including: licensee's name and address, facility identification number of the associated broadcast station(s), call letters of the aural broadcast STL or intercity relay station, if assigned, type and manufacturer of equipment, effective isotropic radiated power, emission, frequency or frequencies proposed for use, commencement and termination date and location of the proposed operation, and purpose for which request is made including any particular justification. ( d ) A request for special temporary authorization shall specify a frequency or frequencies consistent with the provisions of § 74.502 . However, in the case of events of widespread interest and importance which cannot be transmitted successfully on these frequencies, frequencies assigned to other services may be requested upon a showing that operation thereon will not cause interference to established stations. In no case will operation of an aural broadcast STL or intercity relay station be authorized on frequencies employed for the safety of life or property. ( e ) When the transmitting equipment utilized is not licensed to the user, the user shall nevertheless have full control over the use of the equipment during the period it is operated. ( f ) Special temporary authorization to permit operation of aural broadcast STL or intercity relay stations or systems pending FCC action on an application for regular authority will normally not be granted. [ 47 FR 9220 , Mar. 4, 1982, as amended at 50 FR 23709 , June 5, 1985; 58 FR 19775 , Apr. 16, 1993; 68 FR 12767 , Mar. 17, 2003] § 74.550 Equipment authorization. Each authorization for aural broadcast STL, ICR, and booster stations shall require the use of equipment which has received a grant of certification or authorized under a Supplier's Declaration of Conformity. Equipment which has not been approved under the equipment authorization program and which was in service prior to July 1, 1993, may be retained solely for temporary uses necessary to restore or maintain regular service provided by approved equipment, because the main or primary unit has failed or requires servicing. Such temporary uses may not interfere with or impede the establishment of other aural broadcast auxiliary links and may not occur during more than 720 cumulative hours per year. Should interference occur, the licensee must take all steps necessary to eliminate it, up to and including cessation of operation of the auxiliary transmitter. All unapproved equipment retained for temporary use must have been in the possession of the licensee prior to July 1, 1993, and may not be obtained from other sources. Equipment designed exclusively for fixed operation shall be authorized under Supplier's Declaration of Conformity procedure. The equipment authorization procedures are contained in subpart J of part 2 of this chapter . Note 1 to § 74.550 : The Declaration of Conformity procedure has been replaced by Supplier's Declaration of Conformity. Equipment previously authorized under subpart J of part 2 of this chapter may remain in use. See § 2.950 to this chapter. Note 2 to § 74.550 : Consistent with the note to § 74.502(a) , grandfathered equipment in the 942-944 MHz band and STL/ICR users of these frequencies in Puerto Rico are also required to come into compliance by July 1, 1993. The backup provisions described above apply to these stations also. [ 82 FR 50835 , Nov. 2, 2107] § 74.551 Equipment changes. ( a ) Modifications may be made to an existing authorization in accordance with §§ 1.929 and 1.947 of this chapter . ( b ) Permissible changes in equipment operating in the bands 18.3-18.58, 18.76-18.82 GHz and 19.1-19.16 GHz. Notwithstanding other provisions of this section, licensees of stations that remain co-primary under the provisions of § 74.502(c) may not make modifications to their systems that increase interference to satellite earth stations, or result in a facility that would be more costly to relocate. [ 28 FR 13716 , Dec. 14, 1963, as amended at 38 FR 6827 , Mar. 13, 1973; 47 FR 54448 , Dec. 3, 1982; 49 FR 7130 , Feb. 27, 1984; 50 FR 48599 , Nov. 26, 1985; 58 FR 19775 , Apr. 16, 1993; 61 FR 4368 , Feb. 6, 1996; 65 FR 54172 , Sept. 7, 2000; 68 FR 12768 , Mar. 17, 2003; 68 FR 16967 , Apr. 8, 2003; 68 FR 20225 , Apr. 24, 2003; 69 FR 43772 , July 22, 2004] § 74.561 Frequency tolerance. In the bands above 944 MHz, the operating frequency of the transmitter shall be maintained in accordance with the following table: Frequency band (MHz) Tolerance as percentage of assigned frequency 944 to 952 0.005 17,700 to 19,700 0.003 [ 54 FR 30043 , July 18, 1989, as amended at 68 FR 12768 , Mar. 17, 2003] § 74.562 Frequency monitors and measurements. The licensee shall ensure that the STL, ICR, TVP, or booster transmitter does not exceed the emission limitations of § 74.535 . This may be accomplished by appropriate frequency measurement techniques and consideration of the transmitter emissions. [ 50 FR 48599 , Nov. 26, 1985] § 74.582 Station identification. ( a ) Each aural broadcast STL or intercity relay station, when transmitting program material or information shall transmit station identification at the beginning and end of each period of operation, and hourly, as close to the hour as feasible, at a natural break in program offerings by one of the following means: ( 1 ) Transmission of its own call sign by aural means or by automatic transmission of international Morse telegraphy. ( 2 ) Aural transmission of the call sign of the radio broadcast station with which it is licensed as an STL or intercity relay station. ( 3 ) Aural transmission of the call sign of the radio broadcast station whose signals are being relayed, or, when programs are obtained directly from network lines and relayed, the network identification. ( b ) Station identification transmissions during operation need not be made when to make such transmission would interrupt a single consecutive speech, play, religious service, symphony concert, or other such productions. In such cases, the identification transmission shall be made at the first interruption of the entertainment continuity and at the conclusion thereof. ( c ) Where more than one aural broadcast STL or intercity relay station is employed in an integrated relay system, the station at the point of origination may originate the transmission of the call signs of all of the stations in the relay system. ( d ) Aural broadcast microwave booster stations will be assigned individual call signs. However, station identification will be accomplished by the retransmission of identification as provided in paragraph (a) of this section. ( e ) Voice transmissions shall normally be employed for station identification. However, other methods of station identification may be permitted or required by the Commission. [ 28 FR 13716 , Dec. 14, 1963, as amended at 42 FR 36830 , July 18, 1977; 42 FR 38178 , July 27, 1977; 45 FR 26067 , Apr. 17, 1980; 49 FR 7130 , Feb. 27, 1984] Subpart F—Television Broadcast Auxiliary Stations § 74.600 Eligibility for license. A license for a station in this subpart will be issued only to a television broadcast station, a Class A TV station, a television broadcast network-entity, a low power TV station, or a TV translator station. [ 65 FR 30011 , May 10, 2000] § 74.601 Classes of TV broadcast auxiliary stations. ( a ) TV pickup stations. A land mobile station used for the transmission of TV program material and related communications from scenes of events occurring at points removed from TV station studios to a TV broadcast, Class A TV or low power TV station or other purposes as authorized in § 74.631 . ( b ) TV STL station (studio-transmitter link). A fixed station used for the transmission of TV program material and related communications from the studio to the transmitter of a TV broadcast, Class A TV or low power TV station or other purposes as authorized in § 74.631 . ( c ) TV relay station. A fixed station used for transmission of TV program material and related communications for use by TV broadcast, Class A TV and low power TV stations or other purposes as authorized in § 74.631 . ( d ) TV translator relay station. A fixed station used for relaying programs and signals of TV broadcast or Class A TV stations to Class A TV, LPTV, TV translator, and to other communications facilities that the Commission may authorize or for other purposes as permitted by § 74.631 . ( e ) TV broadcast licensee. Licensees and permittees of TV broadcast, Class A TV and low power TV stations, unless specifically otherwise indicated. ( f ) TV microwave booster station. A fixed station in the TV broadcast auxiliary service that receives and amplifies signals of a TV pickup, TV STL, TV relay, or TV translator relay station and retransmits them on the same frequency. [ 65 FR 30012 , May 10, 2000] § 74.602 Frequency assignment. ( a ) The following frequencies are available for assignment to television pickup, television STL, television relay and television translator relay stations. The band segments 17,700-18,580 and 19,260-19,700 MHz are available for broadcast auxiliary stations as described in paragraph (g) of this section. The band segment 6425-6525 MHz is available for broadcast auxiliary stations as described in paragraph (i) of this section. The bands 6875-7125 MHz and 12700-13200 MHz are co-equally shared with stations licensed pursuant to Parts 78 and 101 of the Commission's Rules. Broadcast network-entities may also use the 1990-2110, 6425-6525 and 6875-7125 MHz bands for mobile television pickup only. Band A MHz Band B MHz Band D 1 GHz Group A channels Group B channels Designation Channel boundaries Designation Channel boundaries 1990-2008 A01 12.700-12.725 B01 12.7125-12.7375 2008-2025 A02 12.725-12.750 B02 12.7375-12.7625 2025-2042 A03 12.750-12.775 B03 12.7625-12.7875 2042-2059 A04 12.775-12.800 B04 12.7875-12.8125 2059-2076 6875-6900 A05 12.800-12.825 B05 12.8125-12.8375 2076-2093 6900-6925 A06 12.825-12.850 B06 12.8375-12.8625 2093-2110 6925-6950 A07 12.850-12.875 B07 12.8625-12.8875 2450-2467 6950-6975 A08 12.875-12.900 B08 12.8875-12.9125 2467-2483.5 6975-7000 A09 12.900-12.925 B09 12.9125-12.9375 7000-7025 A10 12.925-12.950 B10 12.9375-12.9625 7025-7050 A11 12.950-12.975 B11 12.9625-12.9875 7050-7075 A12 12.975-13.000 B12 12.9875-12.0125 7075-7100 A13 13.000-13.025 B13 13.0125-13.0375 7100-7125 A14 13.025-13.050 B14 13.0375-13.0625 A15 13.050-13.075 B15 13.0625-13.0875 A16 13.075-13.100 B16 13.0875-13.1125 A17 13.100-13.125 B17 13.1125-13.1375 A18 13.125-13.150 B18 2 13.1375-13.1625 A19 2 13.150-13.175 B19 2 13.1625-13.1875 A20 2 13.175-13.200 B20 2 13.1875-13.2125 A21 13.200-13.225 B21 13.2125-13.2375 A22 13.225-13.250 1 For fixed stations using Band D Channels, applicants are encouraged to use alternate A and B channels such that adjacent R.F. carriers are spaced 12.5 MHz. As example, a fixed station, relaying several channels, would use A01, B01, A02, B02, A03, etc. 2 The band 13.15-13.20 GHz is reserved for television pickup and CARS pickup stations inside a 50 km radius of the 100 television markets delineated in § 76.51 of this chapter . Outside a 50 km radius of the 100 television markets delineated in § 76.51 of this chapter , television pickup stations, CARS stations and NGSO FSS gateway earth stations shall operate on a primary co-equal basis. The band 13.20-13.2125 GHz is reserved for television pickup stations on a primary basis and CARS pickup stations on a secondary basis inside a 50 km radius of the 100 television markets delineated in § 76.51 of this chapter . Outside a 50 km radius of the 100 markets delineated in § 76.51 of this chapter , television pickup stations and NGSO FSS gateway earth stations shall operate on a co-primary basis, CARS stations shall operate on a secondary basis. Fixed television auxiliary stations licensed pursuant to applications accepted for filing before September 1, 1979, may continue operation on channels in the 13.15-13.25 GHz band, subject to periodic license renewals. NGSO FSS gateway uplink transmissions in the 13.15-13.2125 GHz segment shall be limited to a maximum EIRP of 3.2 dBW towards 0 degrees on the radio horizon. These provisions shall not apply to GSO FSS operations in the 12.75-13.25 GHz band. ( 1 ) Frequencies shown above between 2450 and 2500 MHz in Band A are allocated to accommodate the incidental radiations of industrial, scientific, and medical (ISM) equipment, and stations operating therein must accept any interference that may be caused by the operation of such equipment. Frequencies between 2450 and 2500 MHz are also shared with other communication services and exclusive channel assignments will not be made, nor is the channeling shown above necessarily that which will be employed by such other services. ( 2 ) In the band 2483.5-2500 MHz, no applications for new stations or modification to existing stations to increase the number of transmitters will be accepted. Existing licensees as of July 25, 1985, and licensees whose initial applications were filed on or before July 25, 1985, are grandfathered and their operations are on a co-primary basis with the mobile-satellite and radiodetermination-satellite services, and in the segment 2495-2500 MHz, their operations are also on a co-primary basis with part 27 fixed and mobile except aeronautical mobile service operations. ( 3 ) ( i ) After January 7, 2004, stations may adhere to the channel plan specified in paragraph (a) of this section, or the following channel plan in Band A: Channel A1r—2025.5-2037.5 MHz Channel A2r—2037.5-2049.5 MHz Channel A3r—2049.5-2061.5 MHz Channel A4—2061.5-2073.5 MHz Channel A5r—2073.5-2085.5 MHz Channel A6r—2085.5-2097.5 MHz Channel A7r—2097.5-2109.5 MHz ( ii ) Stations adhering to the channel plan specified in paragraph (a)(3)(i) of this section may also use the following 40 data return link (DRL) channels to facilitate their operations in the 2025.5-2109.5 MHz band: Lower band DRL channels 2025.000-2025.025 MHz 2025.025-2025.050 MHz 2025.050-2025.075 MHz 2025.075-2025.100 MHz 2025.100-2025.125 MHz 2025.125-2025.150 MHz 2025.150-2025.175 MHz 2025.175-2025.200 MHz 2025.200-2025.225 MHz 2025.225-2025.250 MHz 2025.250-2025.275 MHz 2025.275-2025.300 MHz 2025.300-2025.325 MHz 2025.325-2025.350 MHz 2025.350-2025.375 MHz 2025.375-2025.400 MHz 2025.400-2025.425 MHz 2025.425-2025.450 MHz 2025.450-2025.475 MHz 2025.475-2025.500 MHz Upper band DRL channels 2109.500-2109.525 MHz 2109.525-2109.550 MHz 2109.550-2109.575 MHz 2109.575-2109.600 MHz 2109.600-2109.625 MHz 2109.625-2109.650 MHz 2109.650-2109.675 MHz 2109.675-2109.700 MHz 2109.700-2109.725 MHz 2109.725-2109.750 MHz 2109.750-2109.775 MHz 2109.775-2109.800 MHz 2109.800-2109.825 MHz 2109.825-2109.850 MHz 2109.850-2109.875 MHz 2109.875-2109.900 MHz 2109.900-2109.925 MHz 2109.925-2109.950 MHz 2109.950-2109.975 MHz 2109.975-2110.000 MHz ( iii ) Broadcast Auxiliary Service, Cable Television Remote Pickup Service, and Local Television Transmission Service licensees will be required to use the Band A channel plan in paragraph (a)(3)(i) of this section after completion of relocation by an Emerging Technologies licensee in accordance with § 74.690 or § 78.40 . Licensees declining relocation may continue to use their existing channel plan but must discontinue use of the 1990-2025 MHz band when they indicate to an Emerging Technologies licensee, acting pursuant to § 74.690 or § 78.40 of this chapter , that they decline to be relocated. ( 4 ) [Reserved] ( b ) Subject to the conditions of paragraph (a) of this section, frequency assignments will normally be made as requested, provided that the frequency selection provisions of § 74.604 have been followed and that the frequency requested will cause no interference to existing users in the area. The Commission reserves the right to assign frequencies other than those requested if, in its opinion, such action is warranted. ( c ) Fixed link stations will be authorized to operate on one channel only. ( d ) Cable Television Relay Service stations may be assigned channels in Band D between 12,700 and 13,200 MHz subject to the condition that no harmful interference is caused to TV STL and TV relay stations authorized at the time of such grants. Similarly, new TV STL and TV relay stations must not cause harmful interference to cable television relay stations authorized at the time of such grants. The use of channels between 12,700 and 13,200 MHz by TV pickup stations is subject to the condition that no harmful interference is caused to Cable Television Relay Service stations, TV STL and TV relay stations, except as provided for in § 74.602(a) Note 2. Band D channels are also shared with certain Private Operational Fixed Stations, see § 74.638 . ( e ) Communication common carriers in the Local Television Transmission Service (Part 101) may be assigned frequencies available to television broadcast station licensees and broadcast network entities for the purpose of providing service to television broadcast stations and broadcast network entities, respectively. ( f ) TV auxiliary stations licensed to low power TV stations and translator relay stations will be assigned on a secondary basis, i.e., subject to the condition that no harmful interference is caused to other TV auxiliary stations assigned to TV broadcast stations, or to cable television relay service stations (CARS) operating between 12,700 and 13,200 MHz. Auxiliary stations licensed to low power TV stations and translator relay stations must accept any interference caused by stations having primary use of TV auxiliary frequencies. ( g ) The following frequencies are available for assignment to television STL, television relay stations and television translator relay stations. Stations operating on frequencies in the sub-bands 18.3-18.58 GHz and 19.26-19.3 GHz that were licensed or had applications pending before the Commission as of September 18, 1998 may continue those operations on a shared co-primary basis with other services under parts 21 , 25 , 78 , and 101 of this chapter . Such stations, however, are subject to relocation by licensees in the fixed-satellite service. Such relocation is subject to the provisions of §§ 101.85 through 101.97 of this chapter . No new applications for new licenses will be accepted in the 19.26-19.3 GHz band after June 8, 2000, and no new applications for new licenses will be accepted in the 18.3-18.58 GHz band after November 19, 2002. The provisions of § 74.604 do not apply to the use of these frequencies. Licensees may use either a two-way link or one or both frequencies of a frequency pair for a one-way link and shall coordinate proposed operations pursuant to procedures required in § 101.103(d) of this chapter . ( 1 ) 2 MHz maximum authorized bandwidth channel: Transmit (receive) (MHz) Receive (transmit) (MHz) 18141.0 n/a ( 2 ) 6 MHz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 216 MHz Separation 18145.0 n/a 18151.0 18367.0 18157.0 18373.0 18163.0 18379.0 18169.0 18385.0 18175.0 18391.0 18181.0 18397.0 18187.0 18403.0 18193.0 18409.0 18199.0 18415.0 18205.0 18421.0 18211.0 18427.0 18217.0 18433.0 18223.0 18439.0 18229.0 18445.0 18235.0 18451.0 18241.0 18457.0 18247.0 18463.0 18253.0 18469.0 18259.0 18475.0 18265.0 18481.0 18271.0 18487.0 18277.0 18493.0 18283.0 18499.0 18289.0 18505.0 18295.0 18511.0 18301.0 18517.0 18307.0 18523.0 18313.0 18529.0 18319.0 18535.0 18325.0 18541.0 18331.0 18547.0 18337.0 18553.0 18343.0 18559.0 18349.0 18565.0 18355.0 18571.0 18361.0 18577.0 ( 3 ) 10 MHz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 MHz Separation 17705.0 19265.0 17715.0 19275.0 17725.0 19285.0 17735.0 19295.0 17745.0 19305.0 17755.0 19315.0 17765.0 19325.0 17775.0 19335.0 17785.0 19345.0 17795.0 19355.0 17805.0 19365.0 17815.0 19375.0 17825.0 19385.0 17835.0 19395.0 17845.0 19405.0 17855.0 19415.0 17865.0 19425.0 17875.0 19435.0 17885.0 19445.0 17895.0 19455.0 17905.0 19465.0 17915.0 19475.0 17925.0 19485.0 17935.0 19495.0 17945.0 19505.0 17955.0 19515.0 17965.0 19525.0 17975.0 19535.0 17985.0 19545.0 17995.0 19555.0 18005.0 19565.0 18015.0 19575.0 18025.0 19585.0 18035.0 19595.0 18045.0 19605.0 18055.0 19615.0 18065.0 19625.0 18075.0 19635.0 18085.0 19645.0 18095.0 19655.0 18105.0 19665.0 18115.0 19675.0 18125.0 19685.0 18135.0 19695.0 ( 4 ) 20 MHz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 MHz Separation 17710.0 19270.0 17730.0 19290.0 17750.0 19310.0 17770.0 19330.0 17790.0 19350.0 17810.0 19370.0 17830.0 19390.0 17850.0 19410.0 17870.0 19430.0 17890.0 19450.0 17910.0 19470.0 17930.0 19490.0 17950.0 19510.0 17970.0 19530.0 17990.0 19550.0 18010.0 19570.0 18030.0 19590.0 18050.0 19610.0 18070.0 19630.0 18090.0 19650.0 18110.0 19670.0 18130.0 19690.0 ( 5 ) 40 MHz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 MHz Separation 17720.0 19280.0 17760.0 19320.0 17800.0 19360.0 17840.0 19400.0 17880.0 19440.0 17920.0 19480.0 17960.0 19520.0 18000.0 19560.0 18040.0 19600.0 18080.0 19640.0 18120.0 19680.0 ( 6 ) 80 MHz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 MHz Separation 17740.0 19300.0 17820.0 19380.0 17900.0 19460.0 17980.0 19540.0 18060.0 19620.0 ( h ) TV STL, TV relay stations, and TV translator relay stations may be authorized to operate fixed point-to-point service on the UHF TV channels 14-69 on a secondary basis and subject to the provisions of subpart G of this part : ( 1 ) Applications for authorization in accordance with this paragraph must comply with the following technical limits or be accompanied by an engineering analysis demonstrating why these limits must be exceeded: ( i ) Maximum EIRP is limited to 35 dBW; ( ii ) Transmitting antenna beamwidth is limited to 25 degrees (measured at the 3 dB points); and ( iii ) Vertical polarization is used. ( 2 ) These stations must not interfere with and must accept interference from current and future full-power UHF-TV stations, LPTV stations, and translator stations. They will also be secondary to land mobile stations in areas where land mobile sharing is currently permitted. ( 3 ) TV STL and TV relay stations licensed for operation on UHF TV channels 52-69 based on applications filed before April 16, 2003, may continue to operate under the terms of their current authorizations until the end of transition to digital television in their market (DTV Transition), as set forth in §§ 73.622 through 73.625 of this chapter . Applications for TV STL and TV relay stations operating on UHF TV channels 52-69 will not be accepted for filing on or after April 16, 2003. ( 4 ) TV translator relay stations licensed for operation on UHF TV channels 52-59 based on applications filed before the end of DTV transition may continue to operate under the terms of their current authorizations indefinitely. TV translator relay stations licensed for operation on UHF TV channels 60-69 based on applications filed before the end of DTV transition may continue to operate under the terms of their current authorizations until the end of DTV Transition. Applications for TV translator relay stations operating on UHF TV channels 52-69 will not be accepted for filing on or after the end of DTV Transition. ( 5 ) ( i ) The licensee of a TV STL, TV relay station, or TV translator relay station that operates on frequencies in the 600 MHz band assigned to wireless licensees under part 27 of this chapter must cease operations on those frequencies no later than the end of the post-auction transition period as defined in § 27.4 of this chapter . The licensee of a TV STL, TV relay station, or TV translator relay station may be required to cease operations on a date earlier than the end of the post-auction transition period if it receives a notification pursuant to paragraph (h)(5)(ii) of this section. ( ii ) A wireless licensee assigned to frequencies in the 600 MHz band under part 27 of this chapter must notify the licensee of a TV STL, TV relay station, or TV translator relay station of its intent to commence operations, as defined in § 27.4 of this chapter , and the likelihood of harmful interference from the TV STL, TV relay station, or TV translator relay station to those operations within the wireless licensee's licensed geographic service area. ( A ) The wireless licensee must: ( 1 ) Notify the licensee of the TV STL, TV relay station, or TV translator relay station in the form of a letter, via certified mail, return receipt requested; and ( 2 ) Send such notification not less than 30 days in advance of the approximate date of commencement of such operations. ( B ) The licensee of the TV STL, TV relay station, or TV translator relay station must cease the subject operation within 30 days of receiving the notification pursuant to this section. ( iii ) By the end of the post-auction transition period, all TV STL, TV relay station and TV translator relay station licensees must modify or cancel their authorizations and vacate the 600 MHz band. Applications for TV STL, TV relay and TV translator relay stations in the 600 MHz band will not be accepted for filing on or after the end date for the post-auction transition period. ( 6 ) The licensee of a TV STL, TV relay station, or TV translator relay station that operates on the UHF spectrum that is reserved for guard band channels as a result of the broadcast television incentive auction conducted under section 6403 of the Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 ) must cease operations on those frequencies no later than the end of the post-auction transition period as defined in § 27.4 of this chapter . The licensee of a TV STL, TV relay station, or TV translator relay station may be required to cease operations on a date earlier than the end of the post-auction transition period if it receives a notification pursuant to paragraph (h)(5)(ii) of this section. ( i ) 6425 to 6525 MHz—Mobile Only. Paired and un-paired operations permitted. Use of this spectrum for direct delivery of video programs to the general public or multi-channel cable distribution is not permitted. This band is co-equally shared with mobile stations licensed pursuant to parts 78 and 101 of this chapter . The following channel plans apply. ( 1 ) 1 MHz maximum authorized bandwidth channels. Transmit (or receive MHz) Receive (or transmit) (MHz) 6425.5 6475.5 6450.5 6500.5 ( 2 ) 8 MHz maximum authorized bandwidth channels. Transmit (or receive MHz) Receive (or transmit) (MHz) 6430.0 6480.0 6438.0 6488.0 6446.0 6496.0 6455.0 6505.0 6463.0 6513.0 6471.0 6521.0 ( 3 ) 25 MHz maximum authorized bandwidth channels. Transmit (or receive MHz) Receive (or transmit (MHz) 6437.5 6487.5 6462.5 6512.5 (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082; 47 U.S.C. 154 , 155 , 303 ) [ 28 FR 13718 , Dec. 14, 1963] Editorial Note Editorial Note: For Federal Register citations affecting § 74.602 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 74.603 Sound channels. ( a ) The frequencies listed in § 74.602(a) may be used for the simultaneous transmission of the picture and sound portions of TV broadcast programs and for cue and order circuits, either by means of multiplexing or by the use of a separate transmitter within the same channel. When multiplexing of a TV STL station is contemplated, consideration should be given to the requirements of § 73.687 of this Chapter regarding the overall system performance requirements. Applications for new TV pickup, TV STL, TV relay and TV translator relay stations shall clearly indicate the nature of any mutliplexing proposed. Multiplexing equipment may be installed on licensed equipment without authority of the FCC, provided the installation of such apparatus on a TV STL station shall not result in degradation of the overall system performance of the TV broadcast station below that permitted by § 73.687 of this chapter . ( b ) [Reserved] ( c ) Aural STL or intercity relay stations licensed as of July 10, 1970, to operate in the frequency band 942-947 MHz, may continue to so operate pending a decision as to their disposition through a future rule making proceeding. ( d ) Remote pickup broadcast stations may be used in conjunction with television pickup stations for the transmission of the aural portion of television programs or events that occur outside a television studio and for the transmission of cues, orders, and other related communications necessary thereto. The rules governing remote pickup broadcast stations are contained in Subpart D of this part . [ 28 FR 13718 , Dec. 14, 1963, as amended at 47 FR 55936 , Dec. 14, 1982; 48 FR 24385 , June 1, 1983; 68 FR 12769 , Mar. 17, 2003] § 74.604 Interference avoidance. ( a ) [Reserved] ( b ) Where two or more licensees are assigned a common channel for TV pickup, TV STL, or TV relay purposes in the same area and simultaneous operation is contemplated, they shall take such steps as may be necessary to avoid mutual interference, including consultation with the local coordination committee, if one exists. If a mutual agreement to this effect cannot be reached, the Commission must be notified and it will take such action as may be necessary, including time sharing arrangements, to assure an equitable distribution of available frequencies. ( c ) For those interference disputes brought to the Commission for resolution, TV broadcast auxiliary channels will have the following priority for purposes of interference protection: ( 1 ) All fixed links for full service broadcast stations and cable systems. ( 2 ) TV and CARS pickup stations. ( 3 ) Fixed or mobile stations serving translator or low power TV stations. ( 4 ) Backup facilities; TV pickup stations used outside a licensee's local service area. ( 5 ) Any transmission, pursuant to § 74.631(f) , that does not involve the delivery of program material to a licensee's associated TV broadcast station. ( d ) Interference between two stations having the same priority shall be resolved in favor of the station licensed first on a particular path. [ 48 FR 17091 , Apr. 21, 1983, as amended at 68 FR 12769 , Mar. 17, 2003] § 74.605 Registration of stationary television pickup receive sites. Licensees of TV pickup stations in the 6875-7125 MHz and 12700-13200 MHz bands shall register their stationary receive sites using the Commission's Universal Licensing System. [ 76 FR 59571 , Sept. 27, 2011] § 74.631 Permissible service. ( a ) The licensee of a television pickup station authorizes the transmission of program material, orders concerning such program material, and related communications necessary to the accomplishment of such transmissions, from the scenes of events occurring in places other than a television studio, to its associated television broadcast station, to an associated television relay station, to such other stations as are broadcasting the same program material, or to the network or networks with which the television broadcast station is affiliated. Television pickup stations may be operated in conjunction with other television broadcast stations not aformentioned in this paragraph: Provided, That the transmissions by the television pickup station are under the control of the licensee of the television pickup station and that such operation shall not exceed a total of 10 days in any 30-day period. Television pickup stations may be used to provide temporary studio-transmitter links or intercity relay circuits consistent with § 74.632 without further authority of the Commission: Provided, however, That prior Commission authority shall be obtained if the transmitting antenna to be installed will increase the height of any natural formation or man-made structure by more than 6.1 meters (20 feet) and will be in existence for a period of more than 2 consecutive days. Note: As used in this subpart, “associated television broadcast station” means a television broadcast station licensed to the licensee of the television auxiliary broadcast station and with which the television auxiliary station is licensed as an auxiliary facility. ( b ) A television broadcast STL station is authorized to transmit visual program material between the studio and the transmitter of a television broadcast station for simultaneous or delayed broadcast. ( c ) A TV relay station is authorized to transmit visual program material between TV broadcast stations for simultaneous or delayed broadcast, or may be used to transmit visual program material from a remote pickup receiver site of a single station. ( d ) The transmitter of an STL, TV relay station or TV translator relay station may be multiplexed to provide additional communication channels. A TV broadcast STL or TV relay station will be authorized only in those cases where the principal use is the transmission of television broadcast program material for use by its associated TV broadcast station. However, STL or TV relay stations so licensed may be operated at any time for the transmission of multiplexed communications whether or not visual program material is being transmitted, provided that such operation does not cause harmful interference to TV broadcast pickup, STL or TV relay stations transmitting television broadcast program material. ( e ) Except as provided in paragraphs (a) , (d) , (f) and (j) of this section, all program material transmitted over a TV pickup, STL, or TV relay station shall be used by or intended for use by a TV broadcast station owned by or under the common control of the licensee of the TV pickup, STL, or TV relay station. Program material transmitted over a TV pickup, STL or TV relay station and so used by the licensee of such facility may, with the permission of the licensee of the broadcast auxiliary facility, be used by other TV broadcast stations and by non-broadcast closed circuit educational TV systems operated by educational institutions. ( f ) A TV broadcast pickup, STL, or TV relay station may be used for the transmission of material to be used by others, including but not limited to other broadcast stations, cable television systems, and educational institutions. This use shall not interfere with the use of these broadcast auxiliary facilities for the transmission of programs and associated material intended to be used by the television station or stations licensed to or under common control of the licensee of the TV pickup, STL, or TV relay station. This use of the broadcast auxiliary facilities must not cause harmful interference to broadcast auxiliary stations operating in accordance with the basic frequency allocation, and the licensee of the TV pickup, STL, or TV relay station must retain exclusive control over the operation of the facilities. Prior to operating pursuant to the provisions of this section, the licensee shall, for the intended location or area-of-operation, notify the appropriate frequency coordination committee or any licensee(s) assigned the use of the proposed operating frequency, concerning the particulars of the intended operation and must provide the name and telephone number of a person who may be contacted in the event of interference. ( g ) Except as provided in paragraph (d) of this section, a television translator relay station is authorized for the purpose of relaying the programs and signals of a television broadcast station to television broadcast translator stations for simultaneous retransmission. ( h ) A TV microwave booster station is authorized to retransmit the signals of a TV pickup, TV STL, TV relay, or TV translator relay station. ( i ) TV broadcast auxiliary stations authorized pursuant to this subpart may additionally be authorized to supply programs and signals of TV broadcast stations to cable television systems or CARS stations. Where the licensee of a TV broadcast auxiliary station supplies programs and signals to cable television systems or CARS stations, the TV auxiliary licensee must have exclusive control over the operation of the TV auxiliary stations licensed to it. Contributions to capital and operating expenses may be accepted only on a cost-sharing, non-profit basis, prorated on an equitable basis among all parties being supplied with program material. ( j ) A broadcast network-entity may use television auxiliary service stations to transmit their own television program materials to broadcast stations, other broadcast network-entities, cable systems and cable network-entities: Provided, however, that the bands 1990-2110 MHz, 6425-6525 MHz and 6875-7125 MHz may be used by broadcast network-entities only for television pick-up stations. [ 28 FR 13718 , Dec. 14, 1963, as amended at 29 FR 15524 , Nov. 19, 1964; 43 FR 1950 , Jan. 13, 1978; 44 FR 32381 , June 6, 1979; 47 FR 55937 , Dec. 14, 1982; 48 FR 17092 , Apr. 21, 1983; 49 FR 7130 , Feb. 27, 1984; 52 FR 7142 , Mar. 9, 1987; 68 FR 12769 , Mar. 17, 2003] § 74.632 Licensing requirements. ( a ) Licenses for television pickup, television STL, television microwave booster, or television relay stations will be issued only to licensees of television broadcast stations, and broadcast network-entities and, further, on a secondary basis, to licensees of low power television stations. A separate application is required for each fixed station and the application shall be specific with regard to the frequency requested. A mobile station license may be issued for any number of mobile transmitters to operate in a specific area or frequency band and the applicant shall be specific with regard to the frequencies requested. ( b ) A license for a TV relay station may be issued in any case where the circuit will operate between TV broadcast stations either by means of “off-the-air” pickup and relay or location of the initial relay station at the studio or transmitter of a TV broadcast station. ( c ) An application for a new TV pickup station shall designate the TV broadcast station with which it is to be operated and specify the area in which the proposed operation is intended. The maximum permissible area of operation will generally be that of a standard metropolitan area, unless a special showing is made that a larger area is necessary. ( d ) Licensees who have two or more TV broadcast stations located in different cities shall, in applying for a new TV pickup station, designate the TV broadcast station in conjunction with which it is to be operated principally. Operation in a city which is not the city of license of the associated TV broadcast station is on a secondary, non-interference basis to home-city users. ( e ) A license for a TV translator relay station will be issued only to licensees of low power TV and TV translator stations. However, a television translator relay station license may be issued to a cooperative enterprise wholly owned by licensees of television broadcast translators or licensees of television broadcast translators and cable television owners or operators upon a showing that the applicant is qualified under the Communication Act of 1934, as amended. ( f ) Licensees of TV pickup, TV STL, TV relay, and TV translator relay stations may be authorized to operate one or more TV microwave booster stations for the purpose of relaying signals over a path that cannot be covered with a single station. [ 28 FR 13718 , Dec. 14, 1963, as amended at 44 FR 32382 , June 6, 1979; 47 FR 55937 , Dec. 14, 1982; 48 FR 9012 , Mar. 3, 1983; 48 FR 17092 , Apr. 21, 1983; 48 FR 21486 , May 12, 1983; 49 FR 7130 , Feb. 27, 1984; 49 FR 10930 , Mar. 23, 1984; 52 FR 7142 , Mar. 9, 1987; 58 FR 19775 , Apr. 16, 1993; 63 FR 36605 , July 7, 1998; 68 FR 12769 , Mar. 17, 2003; 82 FR 41548 , Sept. 1, 2017] § 74.633 Temporary authorizations. ( a ) Special temporary authority may be granted for TV broadcast auxiliary station operation which cannot be conducted in accordance with § 74.24 . Such authority will normally be granted only for operations of a temporary nature. Where operation is seen as likely on a continuing annual basis, an application for a regular authorization should be submitted. ( b ) A request for special temporary authority for the operation of a television broadcast auxiliary station must be made in accordance with the procedures of § 1.931(b) of this chapter . ( c ) All requests for special temporary authority of a television broadcast auxiliary station must include full particulars including: licensee's name and address, facility identification number of the associated broadcast station(s) (if any), call letters of the television broadcast STL or intercity relay station (if assigned), type and manufacturer of equipment, effective isotropic radiated power, emission, frequency or frequencies proposed for use, commencement and termination date and location of the proposed operation, and purpose for which request is made including any particular justification. ( d ) A request for special temporary authority shall specify a channel or channels consistent with the provisions of § 74.602 : Provided, That in the case of events of wide-spread interest and importance which cannot be transmitted successfully on these frequencies, frequencies assigned to other services may be requested upon a showing that operation thereon will not cause interference to established stations: And provided further, That in no case will a television auxiliary broadcast operation be authorized on frequencies employed for the safety of life and property. ( e ) When the transmitting equipment utilized is not licensed to the user, the user shall nevertheless have full control over the use of the equipment during the period it is operated. ( f ) Special temporary authority to permit operation of a TV auxiliary broadcast station of any class pending FCC action on an application for regular authority will not normally be granted. (Sec. 318, 48 Stat. 1089, as amended; 47 U.S.C. 318 ) [ 28 FR 13720 , Dec. 14, 1963, as amended at 47 FR 9221 , Mar. 4, 1982; 47 FR 55937 , Dec. 14, 1982; 50 FR 23710 , June 5, 1985; 52 FR 10570 , Apr. 2, 1987; 58 FR 19775 , Apr. 16, 1993; 68 FR 12769 , Mar. 17, 2003] § 74.634 Remote control operation. ( a ) A TV auxiliary station may be operated by remote control provided that such operation is conducted in accordance with the conditions listed below: ( 1 ) The remote control system must be designed, installed, and protected so that the transmitter can only be activated or controlled by persons authorized by the licensee. ( 2 ) The remote control equipment must be maintained to ensure proper operation. ( 3 ) The remote control system must be designed to prevent inadvertent transmitter operation caused by malfunctions in the circuits between the control point and transmitter. ( b ) The FCC may notify the licensee to cease or modify operation in the case of frequency usage disputes. interference or similar situations where such action appears to be in the public interest, convenience and necessity. [ 28 FR 13718 , Dec. 14, 1963, as amended at, 47 FR 55937 , Dec. 14, 1982; 50 FR 48600 , Nov. 26, 1985; 60 FR 55483 , Nov. 1, 1995] § 74.635 Unattended operation. ( a ) TV relay stations, TV translator relay stations, TV STL stations, and TV microwave booster stations may be operated unattended under the following conditions: ( 1 ) The transmitter must be provided with adequate safeguards to prevent improper operation. ( 2 ) The transmitter shall be so installed and protected that it is not accessible to other than duly authorized persons; ( 3 ) TV relay stations, TV STL stations, TV translator relay stations, and TV microwave booster stations used with these stations, shall be observed at the receiving end of the microwave circuit as often as necessary to ensure proper station operation by a person designated by the licensee, who must institute measures sufficient to ensure prompt correction of any condition of improper operation. However, an STL station (and any TV microwave booster station) associated with a TV broadcast station operated by remote control may be observed by monitoring the TV station's transmitted signal at the remote control point. Additionally, a TV translator relay station (and any associated TV microwave booster station) may be observed by monitoring the associated TV translator station's transmitted signal. ( b ) The FCC may notify the licensee to cease or modify operation in the case of frequency usage disputes, interference or similar situations where such action appears to be in the public interest, convenience and necessity. [ 28 FR 13718 , Dec. 14, 1963, as amended at 31 FR 15314 , Dec. 7, 1966; 43 FR 1950 , Jan. 13, 1978; 47 FR 55937 , Dec. 14, 1982; 49 FR 7131 , Feb. 27, 1984; 50 FR 32417 , Aug. 12, 1985] § 74.636 Power limitations. ( a ) On any authorized frequency, transmitter peak output power and the average power delivered to an antenna in this service must be the minimum amount of power necessary to carry out the communications desired and shall not exceed the values listed in the following table. Application of this principle includes, but is not to be limited to, requiring a licensee who replaces one or more of its antennas with larger antennas to reduce its antenna input power by an amount appropriate to compensate for the increased primary lobe gain of the replacement antenna(s). In no event shall the average equivalent isotropically radiated power (EIRP), as referenced to an isotropic radiator, exceed the values specified in the following table. In cases of harmful interference, the Commission may, after notice and opportunity for hearing, order a change in the effective radiated power of this station. The table follows: Frequency band (MHz) Maximum allowable transmitter power Maximum allowable EIRP 2 Mobile (W) Fixed (dBW) Mobile (dBW) 2,025 to 2,110 12.0 + 45 + 35 2,450 to 2,483.5 12.0 + 45 + 35 6,425 to 6,525 12.0 + 35 6,875 to 7,125 12.0 + 55 + 35 12,700 to 13,250 1.5 + 55 + 45 17,700 to 18,600 + 55 18,600 to 18,800 1 + 35 18,800 to 19,700 + 55 1 The power delivered to the antenna is limited to −3 dBW. 2 Stations licensed based on an application filed before April 16, 2003, for EIRP values exceeding those specified above, may continue to operate indefinitely in accordance with the terms of their current authorizations, subject to periodic renewal. ( b ) The EIRP of transmitters that use Automatic Transmitter Power Control (ATPC) shall not exceed the EIRP specified on the station authorization. The EIRP of non-ATPC transmitters shall be maintained as near as practicable to the EIRP specified on the station authorization. [ 68 FR 12769 , Mar. 17, 2003] § 74.637 Emissions and emission limitations. ( a ) The mean power of emissions shall be attenuated below the mean transmitter power (P MEAN ) in accordance with the following schedule: ( 1 ) When using frequency modulation: ( i ) On any frequency removed from the assigned (center) frequency by more than 50% up to and including 100% of the authorized bandwidth: At least 25 dB in any 100 kHz reference bandwidth (B REF ); ( ii ) On any frequency removed from the assigned (center) frequency by more than 100% up to and including 250% of the authorized bandwidth: At least 35 dB in any 100 kHz reference bandwidth; ( iii ) On any frequency removed from the assigned (center) frequency by more than 250% of the authorized bandwidth: At least 43 + 10 log 10 (P MEAN in watts) dB, or 80 dB, whichever is the lesser attenuation, in any 100 kHz reference bandwidth. ( 2 ) When using transmissions employing digital modulation techniques: ( i ) For operating frequencies below 15 GHz, in any 4 kHz reference bandwidth (B REF ), the center frequency of which is removed from the assigned frequency by more than 50 percent up to and including 250 percent of the authorized bandwidth: As specified by the following equation but in no event less than 50 decibels: A = 35 + 0.8 (G − 50) + 10 Log 10 B. (Attenuation greater than 80 decibels is not required.) Where: A = Attenuation (in decibels) below the mean output power level. G = Percent removed from the carrier frequency. B = Authorized bandwidth in megahertz. ( ii ) For operating frequencies above 15 GHz, in any 1 MHz reference bandwidth (B REF ), the center frequency of which is removed from the assigned frequency by more than 50 percent up to and including 250 percent of the authorized bandwidth: As specified by the following equation but in no event less than 11 decibels: A = 11 + 0.4 (G−50) + 10 Log 10 B. (Attenuation greater than 56 decibels is not required.) ( iii ) In any 4 kHz reference bandwidth (B REF ), the center frequency of which is removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 + 10 Log 10 (P MEAN in watts) decibels, or 80 decibels, whichever is the lesser attenuation. ( 3 ) Amplitude Modulation. For vestigial sideband AM video: On any frequency removed from the center frequency of the authorized band by more than 50%: at least 50 dB below peak power of the emission. ( b ) For all emissions not covered in paragraph (a) of this section, the peak power of emissions shall be attenuated below the peak envelope transmitter power (P PEAK ) in accordance with the following schedule: ( 1 ) On any frequency 500 Hz inside the channel edge up to and including 2500 Hz outside the same edge, the following formula will apply: A = 29 Log 10 [(25/11)[(D + 2.5 − (W/2)] 2 ] dB (Attenuation greater than 50 decibels is not required.) Where: A = Attenuation (in dB) below the peak envelope transmitter power. D = The displacement frequency (kHz) from the center of the authorized bandwidth. W = the channel bandwidth (kHz). ( 2 ) On any frequency removed from the channel edge by more than 2500 Hz: At least 43 + 10 Log 10 (P PEAK in watts) dB. ( c ) For purposes of compliance with the emission limitation requirements of this section: ( 1 ) If the transmitter modulates a single carrier, digital modulation techniques are considered as being employed when digital modulation occupies 50 percent or more of the total peak frequency deviation of a transmitted radio frequency carrier. The total peak frequency deviation will be determined by adding the deviation produced by the digital modulation signal and the deviation produced by any frequency division multiplex (FDM) modulation used. The deviation (D) produced by the FDM signal must be determined in accordance with § 2.202(f) of this chapter . ( 2 ) If the transmitter modulates two or more carriers, with at least one using digital modulation and one using frequency or other analog modulation, digital modulation techniques are considered as being employed when the necessary bandwidth of the digital signal(s) is 50 percent or more of the aggregate bandwidth of the system, comprising the digital necessary bandwidth(s), the analog necessary bandwidth(s), and any bandwidth(s) between the digital and analog necessary bandwidths. In this case, the aggregate bandwidth shall be used for the authorized bandwidth (B) in paragraph (a) of this section, and for purposes of compliance with the bandwidth limitations in paragraph (g) of this section and in § 74.602 of this subpart ; and the sum of the powers of the analog and digital signals shall be used for mean transmitter power (P MEAN ) in paragraph (a) or the peak envelope transmitter power (P PEAK ) in paragraph (b) of this section, and for purposes of compliance with the power limitations in § 74.636 of this subpart . ( 3 ) For demonstrating compliance with the attenuation requirements for frequency modulation and digital modulation in paragraph (a) of this section, the resolution bandwidth (B RES ) of the measuring equipment used for measurements removed from the center frequency by more than 250 percent of the authorized bandwidth shall be 100 kHz for operating frequencies below 1 GHz, and 1 MHz for operating frequencies above 1 GHz. The resolution bandwidth for frequencies removed from the center frequency by less than 250 percent of the authorized bandwidth shall be the reference bandwidth (B REF ) specified in the individual emission limitations, but may be reduced to not less than one percent of the authorized bandwidth (B), adjusted upward to the nearest greater resolution bandwidth available on the measuring equipment. In all cases, if B RES and B REF are not equal, then the attenuation requirement must be increased (or decreased) as determined by a factor of 10 log 10 [(B REF in megahertz)/(B RES in megahertz)] decibels, where a positive factor indicates an increase in the attenuation requirement and a negative factor indicates a decrease in the attenuation requirement. ( 4 ) Stations licensed pursuant to an application filed before March 17, 2005, using equipment not conforming with the emission limitations specified above, may continue to operate indefinitely in accordance with the terms of their current authorizations, subject to periodic renewal. Existing equipment and equipment of product lines in production before April 16, 2003, authorized via certification or Declaration of Conformity before March 17, 2005, for equipment not conforming to the emission limitations requirements specified above, may continue to be manufactured and/or marketed, but may not be authorized for use under a station license except at stations licensed pursuant to an application filed before March 17, 2005. Any non-conforming equipment authorized under a station license, and replaced on or after March 17, 2005, must be replaced by conforming equipment. Note 1 to paragraph ( c )(4): The Declaration of Conformity procedure has been replaced by Supplier's Declaration of Conformity. See § 2.950 of this chapter . ( d ) In the event that interference to other stations is caused by emissions outside the authorized channel, the FCC may require greater attenuation than that specified in paragraph (b) of this section. ( e ) The following limitations also apply to the operation of TV microwave booster stations: ( 1 ) The booster station must receive and amplify the signals of the originating station and retransmit them on the same frequency without significantly altering them in any way. The characteristics of the booster transmitter output signal shall meet the requirements applicable to the signal of the originating station. ( 2 ) The licensee is responsible for correcting any condition of interference that results from the radiation of radio frequency energy outside the assigned channel. Upon notice by the FCC to the station licensee that interference is being caused, operation of the apparatus must be immediately suspended and may not be resumed until the interference has been eliminated or it can be demonstrated that the interference is not due to spurious emissions. However, short term test transmissions may be made during the period of suspended operation to determine the efficacy of remedial measures. ( 3 ) In each instance where suspension of operation is required, the licensee must submit a full report to the FCC after operation is resumed. The report must contain details of the nature of the interference, the source of interfering signals, and the remedial steps taken to eliminate the interference. ( f ) In the event a station's emissions outside its authorized channel cause harmful interference, the Commission may require the licensee to take such further steps as may be necessary to eliminate the interference. ( g ) The maximum bandwidth which will be authorized per frequency assignment is set out in the table which follows. Regardless of the maximum authorized bandwidth specified for each frequency band, the Commission reserves the right to issue a license for less than the maximum bandwidth if it appears that less bandwidth would be sufficient to support an applicant's intended communications. Table 1 to Paragraph (g) Frequency Band (MHz) Maximum authorized bandwidth (MHz) 1,990 to 2,110 18 6,425 to 6,525 25 6,875 to 7,125 25 12,700 to 13,250 25 17,700 to 19,700 80 [ 45 FR 78692 , Nov. 26, 1980, as amended at 48 FR 50734 , Nov. 3, 1983; 49 FR 7131 , Feb. 27, 1984; 49 FR 37778 , Sept. 26, 1984; 50 FR 7342 , Feb. 22, 1985; 50 FR 34150 , Aug. 23, 1985; 50 FR 48600 , Nov. 26, 1985; 52 FR 7142 , Mar. 9, 1987; 58 FR 51251 , Oct. 1, 1993; 68 FR 12769 , Mar. 17, 2003; 82 FR 50836 , Nov. 2, 2017] § 74.638 Frequency coordination. ( a ) Coordination of all frequency assignments for fixed stations in all bands above 2110 MHz, and for mobile (temporary fixed) stations in the bands 6425-6525 MHz and 17.7-19.7 GHz, will be in accordance with the procedure established in paragraph (b) of this section, except that the prior coordination process for mobile (temporary fixed) assignments may be completed orally and the period allowed for response to a coordination notification may be less than 30 days if the parties agree. Coordination of all frequency assignments for all mobile (temporary fixed) stations in all bands above 2110 MHz, except the bands 6425-6525 MHz and 17.7-19.7 GHz, will be conducted in accordance with the procedure established in paragraph (b) of this section or with the procedure in paragraph (d) of this section. Coordination of all frequency assignments for all fixed stations in the band 1990-2110 MHz will be in accordance with the procedure established in paragraph (c) of this section. Coordination of all frequency assignments for all mobile (temporary fixed) stations in the band 1990-2110 MHz will be conducted in accordance with the procedure in paragraph (d) of this section. ( b ) For each frequency coordinated under this paragraph, the interference protection criteria in 47 CFR 101.105(a) , (b) , and (c) and the frequency usage coordination procedures in 47 CFR 101.103(d) will apply. ( c ) For each frequency coordinated under this paragraph, the following frequency usage coordination procedures will apply: ( 1 ) General requirements. Applicants are responsible for selecting the frequency assignments that are least likely to result in mutual interference with other licensees in the same area. Applicants may consult local frequency coordination committees, where they exist, for information on frequencies available in the area. Proposed frequency usage must be coordinated with existing licensees and applicants in the area whose facilities could affect or be affected by the new proposal in terms of frequency interference on active channels, applied-for channels, or channels coordinated for future growth. Coordination must be completed prior to filing an application for regular authorization, for major amendment to a pending application, or for major modification to a license. ( 2 ) To be acceptable for filing, all applications for regular authorization, or major amendment to a pending application, or major modification to a license, must include a certification attesting that all co-channel and adjacent-channel licensees and applicants potentially affected by the proposed fixed use of the frequency(ies) have been notified and are in agreement that the proposed facilities can be installed without causing harmful interference to those other licensees and applicants. ( d ) For each frequency coordinated under this paragraph, applicants are responsible for selecting the frequency assignments that are least likely to result in mutual interference with other licensees in the same area. Applicants may consult local frequency coordination committees, where they exist, for information on frequencies available in the area. In selecting frequencies, consideration should be given to the relative location of receive points, normal transmission paths, and the nature of the contemplated operation. [ 68 FR 12770 , Mar. 17, 2003, as amended at 75 FR 17061 , Apr. 5, 2010] § 74.641 Antenna systems. ( a ) For fixed stations operating above 2025 MHz, the following standards apply: ( 1 ) Fixed TV broadcast auxiliary stations shall use directional antennas that meet the performance standards indicated in the following table. Upon adequate showing of need to serve a larger sector, or more than a single sector, greater beamwidth or multiple antennas may be authorized. Applicants shall request, and authorization for stations in this service will specify, the polarization of each transmitted signal. Booster station antennas having narrower beamwidths and reduced sidelobe radiation may be required in congested areas, or to resolve interference problems. ( i ) Stations must employ an antenna that meets the performance standards for Category B. In areas subject to frequency congestion, where proposed facilities would be precluded by continued use of a Category B antenna, a Category A antenna must be employed. The Commission may require the use of a high performance antenna where interference problems can be resolved by the use of such antennas. ( ii ) Licensees shall comply with the antenna standards table shown in this paragraph in the following manner: ( A ) With either the maximum beamwith to 3 dB points requirement or with the minimum antenna gain requirement; and ( B ) With the minimum radiation suppression to angle requirement. Antenna Standards Frequency (MHz) Category Maximum beamwidth to 3 dB points 1 (included angle in degrees) Minimum antenna gain (dbi) Minimum radiation suppression to angle in degrees from centerline of main beam in decibels 5° to 10° 10° to 15° 15° to 20° 20° to 30° 30° to 100° 100° to 140° 140° to 180° 1,990 to 2,110 A B 5.0 8.0 n/a n/a 12 5 18 18 22 20 25 20 29 25 33 28 39 36 6,875 to 7,125 A B 1.5 2.0 n/a n/a 26 21 29 25 32 29 34 32 38 35 41 39 49 45 12,700 to 13,250 A B 1.0 2.0 n/a n/a 23 20 28 25 35 28 39 30 41 32 42 37 50 47 17,700 to 19,700 A B 2.2 2.2 38 38 25 20 29 24 33 28 36 32 42 35 55 36 55 36 1 If a licensee chooses to show compliance using maximum beamwith to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation planes. ( 2 ) New periscope antenna systems will be authorized upon a certification that the radiation, in a horizontal plane, from an illuminating antenna and reflector combination meets or exceeds the antenna standards of this section. This provision similarly applies to passive repeaters employed to redirect or repeat the signal from a station's directional antenna system. ( 3 ) The choice of receiving antennas is left to the discretion of the licensee. However, licensees will not be protected from interference which results from the use of antennas with poorer performance than identified in the table of this section. ( 4 ) [Reserved] ( 5 ) Pickup stations are not subject to the performance standards herein stated. ( b ) All fixed stations are to use antenna systems in conformance with the standards of this section. TV auxiliary broadcast stations are considered to be located in an area subject to frequency congestion and must employ a Category A antenna when: ( 1 ) A showing by an applicant of a new TV auxiliary broadcast station or Cable Television Relay Service (CARS) station, which shares the 12.7-13.20 GHz band with TV auxiliary broadcast, indicates that use of a category B antenna limits a proposed project because of interference, and ( 2 ) That use of a category A antenna will remedy the interference thus allowing the project to be realized. ( c ) As an exception to the provisions of this section, the FCC may approve requests for use of periscope antenna systems where a persuasive showing is made that no frequency conflicts exist in the area of proposed use. Such approvals shall be conditioned to a standard antenna as required in paragraph (a) of this section when an applicant of a new TV auxiliary broadcast or Cable Television Relay station indicates that the use of the existing antenna system will cause interference and the use of a category A or B antenna will remedy the interference. ( d ) As a further exception to the provision of paragraph (a) of this section, the Commission may approve antenna systems not conforming to the technical standards where a persuasive showing is made that: ( 1 ) Indicates in detail why an antenna system complying with the requirements of paragraph (a) of this section cannot be installed, and ( 2 ) Includes a statement indicating that frequency coordination as required in § 74.604 (a) was accomplished. [ 45 FR 78693 , Nov. 26, 1980, as amended at 49 FR 7131 , Feb. 27, 1984; 49 FR 37778 , Sept. 26, 1984; 50 FR 7342 , Feb. 22, 1985; 51 FR 19840 , June 3, 1986; 52 FR 7143 , Mar. 9, 1987; 55 FR 11587 , Mar. 29, 1990; 56 FR 50663 , Oct. 8, 1991; 62 FR 4922 , Feb. 3, 1997; 68 FR 12771 , Mar. 17, 2003] § 74.643 Interference to geostationary-satellites. Applicants and licensees must comply with § 101.145 of this chapter to minimize the potential of interference to geostationary-satellites. [ 68 FR 12771 , Mar. 17, 2003] § 74.644 Minimum path lengths for fixed links. ( a ) The distance between end points of a fixed link must equal or exceed the value set forth in the table below or the EIRP must be reduced in accordance with the equation set forth below. Frequency band (MHz) Minimum path length (km) Below 1,990 n/a 1,990-7,125 17 12,200-13,250 5 Above 17,700 n/a ( b ) For paths shorter than those specified in the Table, the EIRP shall not exceed the value derived from the following equation. EIRP = MAXEIRP−40 log(A/B) dBW Where: EIRP = The new maximum EIRP (equivalent isotropically radiated power) in dBW. MAXEIRP = Maximum EIRP as set forth in the Table in § 74.636 of this part . A = Minimum path length from the Table above for the frequency band in kilometers. B = The actual path length in kilometers. Note 1 to paragraph ( b ): For transmitters using Automatic Transmitter Power Control, EIRP corresponds to the maximum transmitter power available, not the coordinated transmit power or the nominal transmit power. Note 2 to paragraph ( b ): Stations licensed based on an application filed before April 16, 2003, in the 2450-2483.5 MHz band, for EIRP values exceeding those specified above, may continue to operate indefinitely in accordance with the terms of their current authorizations, subject to periodic renewal. ( c ) Upon an appropriate technical showing, applicants and licensees unable to meet the minimum path length requirement may be granted an exception to these requirements. Note: Links authorized prior to April 1, 1987, are excluded from this requirement, except that, effective April 1, 1992, the Commission will require compliance with the criteria where an existing link would otherwise preclude establishment of a new link. [ 52 FR 7143 , Mar. 9, 1987, as amended at 68 FR 12771 , Mar. 17, 2003] § 74.651 Equipment changes. ( a ) Modifications may be made to an existing authorization in accordance with §§ 1.929 and 1.947 of this chapter . ( b ) Multiplexing equipment may be installed on any licensed TV broadcast STL, TV relay or translator relay station without authority from the Commission. ( c ) Permissible changes in equipment operating in the bands 18.3-18.58 GHz and 19.26-19.3 GHz. Notwithstanding other provisions of this section, licensees of stations that remain co-primary under the provisions of § 74.602(g) may not make modifications to their systems that increase interference to satellite earth stations, or result in a facility that would be more costly to relocate. [ 28 FR 13718 , Dec. 14, 1963, as amended at 38 FR 6827 , Mar. 13, 1973; 47 FR 55938 , Dec. 14, 1982; 49 FR 7131 , Feb. 27, 1984; 58 FR 19776 , Apr. 16, 1993; 61 FR 4368 , Feb. 6, 1996; 63 FR 36605 , July 7, 1998; 65 FR 54173 , Sept. 7, 2000; 68 FR 12771 , Mar. 17, 2003; 68 FR 16967 , Apr. 8, 2003] § 74.655 Authorization of equipment. ( a ) Except as provided in paragraph (b) of this section, all transmitting equipment first marketed for use under this subpart or placed into service after October 1, 1981, must be authorized under the certification procedure or Declaration of Conformity procedure, as detailed in paragraph (f) of this section. Equipment which is used at a station licensed prior to October 1, 1985, which has not been authorized as detailed in paragraph (f) of this section, may continue to be used by the licensee or its successors or assignees, provided that if operation of such equipment causes harmful interference due to its failure to comply with the technical standards set forth in this subpart, the FCC may, at its discretion, require the licensee to take such corrective action as is necessary to eliminate the interference. However, such equipment may not be further marketed or reused under part 74 after October 1, 1985. Note 1 to paragraph ( a ): The verification procedure has been replaced by Supplier's Declaration of Conformity. Equipment previously authorized under subpart J of part 2 of this chapter may remain in use. See § 2.950 of this chapter . ( b ) Certification or Supplier's Declaration of Conformity is not required for transmitters used in conjunction with TV pickup stations operating with a peak output power not greater than 250 mW. Pickup stations operating in excess of 250 mW licensed pursuant to applications accepted for filing prior to October 1, 1980 may continue operation subject to periodic renewal. If operation of such equipment causes harmful interference the FCC may, at its discretion, require the licensee to take such corrective action as is necessary to eliminate the interference. ( c ) The license of a TV auxiliary station may replace transmitting equipment with authorized equipment, as detailed under paragraph (f) of this section, without prior FCC approval, provided the proposed changes will not depart from any of the terms of the station or system authorization or the Commission's technical rules governing this service, and also provided that any changes made to authorized transmitting equipment is in compliance with the provisions of part 2 of this chapter concerning modifications to authorized equipment. ( d ) Any manufacturer of a transmitter to be used in this service may authorize the equipment under the certification or Supplier's Declaration of Conformity procedures, as appropriate, following the procedures set forth in subpart J of part 2 of this chapter . ( e ) An applicant for a TV broadcast auxiliary station may also authorize an individual transmitter, as specified in paragraph (f) of this section, by following the procedures set forth in subpart J of part 2 of this chapter . ( f ) Transmitters designed to be used exclusively for a TV STL station, a TV intercity relay station, a TV translator relay station, or a TV microwave booster station, shall be authorized under Supplier's Declaration of Conformity. All other transmitters will be authorized under the certification procedure. [ 63 FR 36605 , July 7, 1998, as amended at 68 FR 12772 , Mar. 17, 2003; 82 FR 50836 , Nov. 2, 2017] § 74.661 Frequency tolerance. Stations in this service shall maintain the carrier frequency of each authorized transmitter to within the following percentage of the assigned frequency. Table 1 to § 74.661 Frequency band (MHz) Frequency tolerance (%) 2,025 to 2,110 1 0.005 2,450 to 2,483.5 2 0.001 6,425 to 6,525 0.005 6,875 to 7,125 1 0.005 12,700 to 13,250 1 0.005 17,700 to 18,820 0.003 18,920 to 19,700 0.003 1 Television translator relay stations shall maintain a frequency tolerance of 0.002%. 2 Stations licensed pursuant to an application filed before March 17, 2005, for tolerance values exceeding those specified above, may continue to operate indefinitely in accordance with the terms of their current authorizations, subject to periodic renewal. Existing equipment and equipment of product lines in production before April 16, 2003, authorized via certification or Declaration of Conformity before March 17, 2005, for tolerance values exceeding those specified above, may continue to be manufactured and/or marketed, but may not be authorized for use under station license except at stations licensed pursuant to an application filed before March 17, 2005. Any non-conforming equipment authorized under a station license, and replaced on or after March 17, 2005, must be replaced by conforming equipment. Note 1 to § 74.661 : The Declaration of Conformity procedure has been replaced by Supplier's Declaration of Conformity. See § 2.950 of this chapter . [ 52 FR 7143 , Mar. 9, 1987, as amended at 68 FR 12772 , Mar. 17, 2003; 82 FR 50836 , Nov. 2, 2017] § 74.662 Frequency monitors and measurements. The licensee of a television broadcast auxiliary station must provide means for measuring the operating frequency in order to ensure that the emissions are confined to the authorized channel. [ 48 FR 38482 , Aug. 24, 1983] § 74.663 Modulation limits. If amplitude modulation is employed, negative modulation peaks shall not exceed 100%. [ 45 FR 78694 , Nov. 26, 1980] § 74.682 Station identification. ( a ) Each television broadcast auxiliary station operating with a transmitter output power of 1 watt or more must, when actually transmitting programs, transmit station identification at the beginning and end of each period of operation, and hourly, as close to the hour as feasible, at a natural break in program offerings by one of the following means: ( 1 ) Transmission of its own call sign by visual or aural means or by automatic transmission in international Morse telegraphy. ( 2 ) Visual or aural transmission of the call sign of the TV broadcast station with which it is licensed as an auxiliary. ( 3 ) Visual or aural transmission of the call sign of the TV broadcast station whose signals are being relayed or, where programs are obtained directly from network lines and relayed, the network identification. ( b ) Identification transmissions during operation need not be made when to make such transmission would interrupt a single consecutive speech, play, religious service, symphony concert, or any type of production. In such cases, the identification transmission shall be made at the first interruption of the entertainment continuity and at the conclusion thereof. ( c ) During occasions when a television pickup station is being used to deliver program material for network distribution it may transmit the network identification in lieu of its own or associated TV station call sign during the actual program pickup. However, if it is providing the network feed through its own associated TV broadcast station it shall perform the station identification required by paragraph (a) of this section at the beginning and end of each period of operation. ( d ) A period of operation is defined as a single uninterrupted transmission or a series of intermittent transmissions from a single location or continuous or intermittent transmission from a television pickup station covering a single event from various locations, within a single broadcast day. ( e ) Regardless of the method used for station identification it shall be performed in a manner conducive to prompt association of the signal source with the responsible licensee. In exercising the discretion provided by this rule, licensees are expected to act in a responsible manner to assure that result. ( f ) TV microwave boosters stations will be assigned individual call signs. However, station identification will be accomplished by the retransmission of identification as provided in paragraph (a) of this section. [ 31 FR 15488 , Dec. 8, 1966; 32 FR 452 , Jan. 17, 1967, as amended at 42 FR 36830 , July 18, 1977; 43 FR 1951 , Jan. 13, 1978; 44 FR 36041 , June 20, 1979; 49 FR 7131 , Feb. 27, 1984] § 74.690 Transition of the 1990-2025 MHz band from the Broadcast Auxiliary Service to emerging technologies. ( a ) New Entrants are collectively defined as those licensees proposing to use emerging technologies to implement Mobile Satellite Services in the 2000-2020 MHz band (MSS licensees), those licensees authorized after July 1, 2004 to implement new Fixed and Mobile services in the 1990-1995 MHz band, and those licensees authorized after September 9, 2004 in the 1995-2000 MHz and 2020-2025 MHz bands. New entrants may negotiate with Broadcast Auxiliary Service licensees operating on a primary basis and fixed service licensees operating on a primary basis in the 1990-2025 MHz band (Existing Licensees) for the purpose of agreeing to terms under which the Existing Licensees would relocate their operations to the 2025-2110 MHz band, to other authorized bands, or to other media; or, alternatively, would discontinue use of the 1990-2025 MHz band. New licensees in the 1995-2000 MHz and 2020-2025 MHz bands are subject to the specific relocation procedures adopted in WT Docket 04-356. ( b ) An Existing Licensee in the 1990-2025 MHz band allocated for licensed emerging technology services will maintain primary status in the band until the Existing Licensee's operations are relocated by a New Entrant, are discontinued under the terms of paragraph (a) of this section, or become secondary under the terms of paragraph (e)(6) of this section or the Existing Licensee indicates to a New Entrant that it declines to be relocated. ( c ) The Commission will amend the operating license of the Existing Licensee to secondary status only if the following requirements are met: ( 1 ) The service applicant, provider, licensee, or representative using an emerging technology guarantees payment of all relocation costs, including all engineering, equipment, site and FCC fees, as well as any reasonable additional costs that the relocated Existing Licensee might incur as a result of operation in another authorized band or migration to another medium; ( 2 ) The New Entrant completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are used, identifying and obtaining, on the incumbents' behalf, new microwave or Local Television Transmission Service frequencies and frequency coordination. ( 3 ) The New Entrant builds the replacement system and tests it for comparability with the existing system. ( d ) The Existing Licensee is not required to relocate until the alternative facilities are available to it for a reasonable time to make adjustments, determine comparability, and ensure a seamless handoff. If, within one year after the relocation to new facilities the Existing Licensee demonstrates that the new facilities are not comparable to the former facilities, the New Entrant must remedy the defects. ( e ) Subject to the terms of this paragraph (e) , the relocation of Existing Licensees will be carried out by MSS licensees in the following manner: ( 1 ) Existing Licensees and MSS licensees may negotiate individually or collectively for relocation of Existing Licensees to one of the channel plans specified in § 74.602(a)(3) of this chapter . Parties may not decline to negotiate, though Existing Licensees may decline to be relocated. ( i ) MSS licensees may relocate all Existing Licensees in Nielsen Designated Market Areas (DMAs) 1-30, as such DMAs existed on September 6, 2000, and all fixed stations operating in the 1990-2025 MHz band on a primary basis, except those Existing Licensees that decline relocation. Such relocation negotiations shall be conducted as “mandatory negotiations,” as that term is used in § 101.73 of this chapter . If these parties are unable to reach a negotiated agreement, MSS Licensees may involuntarily relocate such Existing Licensees and fixed stations after December 8, 2004. ( ii ) [Reserved] ( iii ) On the date that the first MSS licensee begins operations in the 2000-2020 MHz band, a one-year mandatory negotiation period begins between MSS licensees and Existing Licensees in Nielsen DMAs 31-210, as such DMAs existed on September 6, 2000. After the end of the mandatory negotiation period, MSS licensees may involuntary relocate any Existing Licensees with which they have been unable to reach a negotiated agreement. As described elsewhere in this paragraph (e) , MSS Licensees are obligated to relocate these Existing Licensees within the specified three- and five-year time periods. ( 2 ) Before negotiating with MSS licensees, Existing Licensees in Nielsen Designated Market Areas where there is a BAS frequency coordinator must coordinate and select a band plan for the market area. If an Existing Licensee wishes to operate in the 2025-2110 MHz band using the channels A03-A07 as specified in the Table in § 74.602(a) of this part , then all licensees within that Existing Licensee's market must agree to such operation and all must operate on a secondary basis to any licensee operating on the channel plan specified in § 74.602(a)(3) of this part . All negotiations must produce solutions that adhere to the market area's band plan. ( 3 ) - ( 4 ) [Reserved] ( 5 ) As of the date the first MSS licensee begins operations in the 1990-2025 MHz band, MSS Licensees must relocate Existing Licensees in DMAs 31-100, as they existed as of September 6, 2000, within three years, and in the remaining DMAs, as they existed as of September 6, 2000, within five years. ( 6 ) On December 9, 2013, all Existing Licensees will become secondary in the 1990-2025 MHz band. Upon written demand by any MSS licensee, Existing Licensees must cease operations in the 1990-2025 MHz band within six months. [ 65 FR 48180 , Aug. 7, 2000, as amended at 67 FR 53756 , Aug. 19, 2002; 68 FR 68252 , Dec. 8, 2003; 69 FR 62621 , Oct. 27, 2004; 69 FR 67836 , Nov. 22, 2004; 74 FR 29613 , June 23, 2009] Subpart G—Low Power TV and TV Translator Stations § 74.701 Definitions. ( a ) Television broadcast translator station. A station in the broadcast service operated for the purpose of retransmitting the programs and signals of a television broadcast station, without significantly altering any characteristic of the original signal other than its frequency and amplitude, for the purpose of providing television reception to the general public. ( b ) Primary station. The television station which provides the programs and signals being retransmitted by a television broadcast translator station. ( c ) Analog to Digital Replacement Translator (DRT). A television translator licensed to a full power television station that allows it to restore service to any loss areas that may have occurred as a result of its transition from analog to digital. ( d ) Digital to Digital Replacement Translator (DTDRT). A television translator licensed to a full power television station that allows it to restore service to any loss areas that may have occurred as a result of the station being assigned a new channel pursuant to the Incentive Auction and repacking process. ( e ) [Reserved] ( f ) Low power TV station. A station authorized under the provisions of this subpart G of this part that may retransmit the programs and signals of a TV broadcast station and that may originate programming in any amount greater than 30 seconds per hour. ( g ) [Reserved] ( h ) Local origination. Program origination if the parameters of the program source signal, as it reaches the transmitter site, are under the control of the low power TV station licensee. Transmission of TV program signals generated at the transmitter site constitutes local origination. Local origination also includes transmission of programs reaching the transmitter site via TV STL stations, but does not include transmission of signals obtained from either terrestrial or satellite microwave feeds or low power TV stations. ( i ) [Reserved] ( j ) Television broadcast translator station (“TV translator station”). A station operated for the purpose of retransmitting the programs and signals of a television broadcast station, without significantly altering any characteristic of the original signal other than its frequency, for the purpose of providing television reception to the general public. ( k ) Low power TV station (“LPTV station”). A station authorized under the provisions of this subpart that may retransmit the programs and signals of a television broadcast station, may originate programming in any amount greater than 30 seconds per hour for the purpose of providing television reception to the general public and, subject to a minimum video program service requirement, may offer services of an ancillary or supplementary nature, including subscription-based services. ( See § 74.790 .) ( l ) Digital program origination. For purposes of this part, digital program origination shall be any transmissions other than the simultaneous retransmission of the programs and signals of a TV or DTV broadcast station or transmissions related to service offerings of an ancillary or supplementary nature. Origination shall include locally generated television program signals and program signals obtained via video recordings (tapes and discs), microwave, common carrier circuits, or other sources. ( m ) Existing low power television or television translator station. When used in this subpart, the terms existing low power television and existing television translator station refer to a low power television station or television translator station that is either licensed or has a valid construction permit. [ 28 FR 13722 , Dec. 14, 1963, as amended at 43 FR 1951 , Jan. 13, 1978; 47 FR 21497 , May 18, 1982; 48 FR 21486 , May 12, 1983; 52 FR 7422 , Mar. 11, 1987; 52 FR 31403 , Aug. 20, 1987; 62 FR 26720 , May 14, 1997; 69 FR 69331 , Nov. 29, 2004; 87 FR 58202 , Sept. 23, 2022; 89 FR 7265 , Feb. 1, 2024] § 74.702 Channel assignments. ( a ) An applicant for a new low power TV or TV translator station or for changes in the facilities of an authorized station shall endeavor to select a channel on which its operation is not likely to cause interference. The applications must be specific with regard to the channel requested. Only one channel will be assigned to each station. ( 1 ) Any one of the 12 standard VHF Channels (2 to 13 inclusive) may be assigned to a low power TV or TV translator station. ( 2 ) Any one of the UHF Channels from 14 to 36, inclusive, may be assigned to a low power TV or TV translator station. In accordance with § 73.603(c) of this chapter , Channel 37 will not be assigned to such stations. ( b ) Changes in the Table of TV Allotments ( § 73.622(j) of this chapter ), authorizations to construct new full power television stations or to authorizations to change facilities of existing such stations, may be made without regard to existing or proposed low power TV or TV translator stations. Where such a change results in a low power TV or TV translator station causing actual interference to reception of the full power television station, the licensee or permittee of the low power TV or TV translator station shall eliminate the interference or file an application for a change in channel assignment pursuant to § 73.3572 of this chapter . ( c ) [Reserved] [ 47 FR 21497 , May 18, 1982, as amended at 47 FR 30068 , July 12, 1982; 47 FR 35590 , Aug. 18, 1982; 52 FR 7423 , Mar. 11, 1987; 52 FR 31403 , Aug. 20, 1987; 62 FR 26721 , May 14, 1997; 86 FR 66214 , Nov. 22, 2021; 87 FR 15344 , Mar. 24, 2022; 87 FR 58202 , Sept. 23, 2022; 88 FR 30667 , May 12, 2023] § 74.703 Interference. ( a ) An application for a new low power TV or TV translator station or for a change in the facilities of such an authorized station will not be granted when it is apparent that interference will be caused. Except where there is a written agreement between the affected parties to accept interference, or where it can be shown that interference will not occur due to terrain shielding and/or Longley-Rice terrain dependent propagation methods, the licensee of a new low power TV or TV translator station shall protect existing low power TV and TV translator stations from interference within the protected contour defined in § 74.792 and shall protect existing Class A TV stations within the protected contours defined in § 73.6010 of this chapter . Such written agreement shall accompany the application. Copies of OET Bulletin No. 69 are available for inspection through the Federal Communications Commission's Reference Information Center. This document is also available on the FCC homepage at https://www.fcc.gov/oet/info/documents/bulletins/#69 . ( b ) It shall be the responsibility of the licensee of a low power TV or TV translator station to correct at its expense any condition of interference to the direct reception of the signal of any full-power TV broadcast station operating on the same channel as that used by the low power TV or TV translator station or an adjacent channel which occurs as a result of the operation of the low power TV or TV translator station. Interference will be considered to occur whenever reception of a regularly used signal is impaired by the signals radiated by the low power TV or TV translator station, regardless of the quality of the reception or the strength of the signal so used. If the interference cannot be promptly eliminated by the application of suitable techniques, operation of the offending low power TV or TV translator station shall be suspended and shall not be resumed until the interference has been eliminated. If the complainant refuses to permit the low power TV or TV translator station to apply remedial techniques that demonstrably will eliminate the interference without impairment of the original reception, the licensee of the low power TV or TV translator station is absolved of further responsibility. ( c ) It shall be the responsibility of the licensee of a low power TV or TV translator station to correct any condition of interference which results from the radiation of radio frequency energy outside its assigned channel. Upon notice by the FCC to the station licensee or operator that such interference is caused by spurious emissions of the station, operation of the station shall be immediately suspended and not resumed until the interference has been eliminated. However, short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures. ( d ) When a low-power TV or TV translator station causes interference to a CATV system by radiations within its assigned channel at the cable headend or on the output channel of any system converter located at a receiver, the earlier user, whether cable system or low-power TV or TV translator station, will be given priority on the channel, and the later user will be responsible for correction of the interference. When a low-power TV or TV translator station causes interference to a BRS or EBS system by radiations within its assigned channel on the output channel of any system converter located at a receiver, the earlier user, whether BRS system or low-power TV or TV translator station, will be given priority on the channel, and the later user will be responsible for correction of the interference. ( e ) Low power TV and TV translator stations are being authorized on a secondary basis to existing land mobile uses and must correct whatever interference they cause to land mobile stations or cease operation. ( f ) - ( g ) [Reserved] ( h ) In each instance where suspension of operation is required, the licensee shall submit a full report to the FCC after operation is resumed containing details of the nature of the interference, the source of the interfering signals, and the remedial steps taken to eliminate the interference. This report shall be filed via a Resumption of Operations notice in the FCC's Licensing and Management System (LMS). ( i ) [Reserved] [ 47 FR 21497 , May 18, 1982, as amended at 48 FR 21487 , May 12, 1983; 52 FR 31403 , Aug. 20, 1987; 53 FR 4169 , Feb. 12, 1988; 60 FR 55483 , Nov. 1, 1995; 62 FR 26721 , May 14, 1997; 65 FR 30012 , May 10, 2000; 69 FR 69331 , Nov. 29, 2004; 69 FR 72045 , Dec. 10, 2004; 85 FR 64408 , Oct. 13, 2020; 86 FR 66214 , Nov. 22, 2021; 87 FR 58202 , Sept. 23, 2022; 88 FR 21448 , Apr. 10, 2023; 88 FR 30667 , May 12, 2023] §§ 74.706-74.708 [Reserved] § 74.709 Land mobile station protection. ( a ) Stations in the Land Mobile Radio Service, using the following channels in the indicated cities will be protected from interference caused by low power TV or TV translator stations, and low power TV and TV translator stations must accept any interference from stations in the land mobile service operating on the following channels: Table 1 to Paragraph ( a ) City Channels Coordinates Latitude Longitude Boston, MA 14, 16 42°21′24.4″ 071°03′23.2″ Chicago, IL 14, 15 41°52′28.1″ 087°38′22.2″ Cleveland, OH 14, 15 41°29′51.2″ 081°49′49.5″ Dallas, TX 16 32°47′09.5″ 096°47′38.0″ Detroit, MI 15, 16 42°19′48.1″ 083°02′56.7″ Houston, TX 17 29°45′26.8″ 095°21′37.8″ Los Angeles, CA 14, 16, 20 34°03′15.0″ 118°14′31.3″ Miami, FL 14 25°46′38.4″ 080°11′31.2″ New York, NY 14, 15, 16 40°45′06.4″ 073°59′37.5″ Philadelphia, PA 19, 20 39°56′58.4″ 075°09′19.6″ Pittsburgh, PA 14, 18 40°26′19.2″ 079°59′59.2″ San Francisco, CA 16, 17 37°46′38.7″ 122°24′43.9″ Washington, DC 17, 18 38°53′51.4″ 077°00′31.9″ ( b ) The protected contours for the land mobile radio service are 130 kilometers from the above coordinates, except where limited by the following: ( 1 ) If the land mobile channel is the same as the channel in the following list, the land mobile protected contour excludes the area within 145 kilometers of the corresponding coordinates from list below. Except if the land mobile channel is 15 in New York or Cleveland or 16 in Detroit, the land mobile protected contour excludes the area within 95 kilometers of the corresponding coordinates from the list below. ( 2 ) If the land mobile channel is one channel above or below the channel in the following list, the land mobile protected contour excludes the area within 95 kilometers of the corresponding coordinates from the list below. Table 2 to Paragraph ( b )(2) City Channel Coordinates Latitude Longitude San Diego, CA 15 32°41′52.7″ 116°56′06.3″ Waterbury, CT 20 41°31′02.3″ 073°00′58.4″ Washington, DC 14 38°57′17.4″ 077°00′15.9″ Washington, DC 20 38°57′49.9″ 077°06′17.2″ Champaign, IL 15 40°04′10.0″ 087°54′46.0″ Jacksonville, IL 14 39°45′52.1″ 090°30′29.5″ Ft. Wayne, IN 15 41°05′35.2″ 085°10′41.9″ South Bend, IN 16 41°36′20.0″ 086°12′46.0″ Salisbury, MD 16 38°24′15.4″ 075°34′43.7″ Mt. Pleasant, MI 14 43°34′24.1″ 084°46′21.0″ Hanover, NH 15 43°42′30.2″ 072°09′14.3″ Canton, OH 17 40°51′04.2″ 081°16′36.4″ Cleveland, OH 19 41°21′19.2″ 081°44′23.5″ Oxford, OH 14 39°30′26.2″ 084°44′08.8″ Zanesville, OH 18 39°55′42.0″ 081°59′07.0″ Elmira-Corning, NY 18 42°06′22.0″ 076°52′16.0″ Harrisburg, PA 21 40°20′43.1″ 076°52′08.3″ Johnstown, PA 19 40°19′47.3″ 078°53′44.1″ Lancaster, PA 15 40°15′45.0″ 076°27′50.0″ Philadelphia, PA 17 40°02′30.9″ 075°14′21.9″ Pittsburgh, PA 16 40°26′46.2″ 079°57′50.2″ Scranton, PA 16 41°10′58.3″ 075°52′19.7″ Parkersburg, WV 15 39°20′59.8″ 081°33′55.4″ Madison, WI 15 43°03′03.0″ 089°29′13.0″ ( c ) A low power TV or TV translator station application will not be accepted if it specifies a site that is within the protected contour of a co-channel or first adjacent channel land mobile assignment. ( d ) The low power TV or TV translator station field strength is calculated from the proposed effective radiated power (ERP) and the antenna height above average terrain (HAAT) in pertinent directions. ( 1 ) The field strength is calculated using Figure 10c of § 73.699 (F(50, 10) charts) of part 73 of this chapter . ( 2 ) A low power TV or TV translator station application will not be accepted if it specifies the same channel as one of the land mobile assignments and its field strength at the land mobile protected contour exceeds 52 dBu. ( 3 ) A low power TV or TV translator station application will not be accepted if it specifies a channel that is one channel above or below one of the land mobile assignments and its field strength at the land mobile protected contour exceeds 76 dBu. ( e ) To protect stations in the Offshore Radio Service, a low power TV or TV translator station construction permit application will not be accepted if it specifies operation on channels 15, 16, 17 or 18 in the following areas. West Longitude and North Latitude are abbreviated as W.L. and N.L. respectively. ( 1 ) On Channel 15: west of 92°00′ W.L.; east of 98°30′ W.L.; and south of a line extending due west from 30°30′ N.L., 92°00′ W.L. to 30°30′ N.L., 96°00′ W.L.; and then due southwest to 28°00′ N.L., 98°30′ W.L. ( 2 ) On Channel 16: west of 86°40′ W.L.; east of 96°30′ W.L.; and south of a line extending due west from 31°00′ N.L., 86°40′ W.L. to 31°00′ N.L., 95°00′ W.L. and then due southwest to 29°30′ N.L., 96°30′ W.L. ( 3 ) On Channel 17: west of 86°30′ W.L.; east of 96°00′ W.L.; and south of a line extending due west from 31°00′ N.L., 86°30′ W.L. to 31°30′ N.L., 94°00′ W.L. and then due southwest to 29°30′ N.L., 96°00′ W.L. ( 4 ) On Channel 18: west of 87°00′ W.L.; east of 95°00′ W.L.; and south of 31°00′ N.L. Note 1 to § 74.709 : The Chief, Public Safety and Homeland Security Bureau waived the rules of this section to allow channel 15 to be used for land mobile operation in Los Angeles County, CA (DA 08-2823; adopted December 30, 2008). Notwithstanding the channels listed in paragraph (a) or (b)(2) of this section, the waiver requires LPTV and translator stations to protect this land mobile operation. [ 47 FR 21499 , May 18, 1982, as amended at 50 FR 12027 , Mar. 27, 1985; 50 FR 33942 , Aug. 22, 1985; 69 FR 31906 , June 8, 2004; 87 FR 58203 , Sept. 23, 2022; 88 FR 30668 , May 12, 2023] § 74.710 [Reserved] § 74.720 Digital low power TV distributed transmission systems. ( a ) A digital low power TV or TV translator (LPTV) station may be authorized to operate multiple synchronized transmitters on its assigned channel to provide service consistent with the requirements of this section. Such operation is called a distributed transmission system (DTS). Except as expressly provided in this section, LPTV stations operating a DTS facility must comply with all rules in this part applicable to LPTV single-transmitter stations. ( b ) For purposes of compliance with this section, a digital LPTV station's “authorized facility” is the facility authorized for the station in a license or construction permit for non-DTS, single-transmitter-location operation. A digital LPTV station's “authorized service area” is defined as the area within its protected contour (described by § 74.792 ) as determined using the authorized facility. ( c ) The protected area for each DTS transmitter is determined based on the F(50,90) field strength given in § 74.792 ), calculated in accordance with § 73.625(b) of this chapter . The combined protected area of an LPTV DTS station is the logical union of the protected areas of all DTS transmitters, that falls within the station's authorized service area as defined in paragraph (b) of this section. ( d ) The DTS limiting area for each DTS transmitter is determined using the field strength from § 74.792 and the F(50,50) curves. ( e ) An application proposing use of DTS will not be accepted for filing unless it meets all of the following conditions: ( 1 ) The combined protected area covers all of the applicant's authorized service area; ( 2 ) Each DTS transmitter's LPTV DTS limiting contour falls within the authorized facility's LPTV DTS limiting contour; ( 3 ) Each DTS transmitter's protected area is contiguous with at least one other DTS transmitter's protected area; ( 4 ) The “combined field strength” of all DTS transmitters in a network does not cause interference to another station in excess of the criteria specified in § 74.793 . The combined field strength at a given location is determined by a “root-sum-square” calculation, in which the combined field strength is equal to the square root of the sum of the squared field strengths from each transmitter in the DTS network at that location; and ( 5 ) Each DTS transmitter must be located within the station's authorized service area. ( f ) All transmitters operating under a single LPTV DTS license must follow the same digital broadcast television transmission standard. [ 86 FR 21227 , Apr. 22, 2021] § 74.731 [Reserved] § 74.732 Eligibility and licensing requirements. ( a ) A license for a low power TV or TV translator station may be issued to any qualified individual, organized group of individuals, broadcast station licensee, or local civil governmental body. ( b ) More than one low power TV or TV translator station may be licensed to the same applicant whether or not such stations serve substantially the same area. Low power TV and TV translator stations are not counted for purposes of § 73.3555 , concerning multiple ownership. ( c ) Only one channel will be assigned to each low power TV or TV translator station. Additional low power or translator stations may be authorized to provide additional reception. A separate application is required for each station and each application must be complete in all respects. ( d ) The FCC will not act on applications for new low power TV or TV translator stations, for changes in facilities of existing stations, or for changes in output channel tendered by displaced stations pursuant to § 73.3572(a)(1) , when such changes will result in a major change until the applicable time for filing a petition to deny has passed pursuant to § 73.3584(c) . ( e ) A proposal to change the primary TV station being retransmitted or an application of a licensed translator station to include low power TV station operation, i.e., program origination will be subject only to a notification requirement. ( f ) Applications for transfer of ownership or control of a low power TV or TV translator station will be subject to petitions to deny. ( g ) - ( h ) [Reserved] [ 47 FR 21499 , May 18, 1982, as amended at 48 FR 21487 , May 12, 1983; 49 FR 20504 , May 15, 1984; 52 FR 7423 , Mar. 11, 1987; 52 FR 10571 , Apr. 2, 1987; 52 FR 31404 , Aug. 20, 1987; 87 FR 58203 , Sept. 23, 2022; 89 FR 7265 , Feb. 1, 2024] § 74.733 [Reserved] § 74.734 Attended and unattended operation. ( a ) Low power TV and TV translator stations may be operated without a designated person in attendance if the following requirements are met: ( 1 ) If the transmitter site cannot be promptly reached at all hours and in all seasons, means shall be provided so that the transmitting apparatus can be turned on and off at will from a point that readily is accessible at all hours and in all seasons. ( 2 ) The transmitter also shall be equipped with suitable automatic circuits that will place it in a nonradiating condition in the absence of a signal on the input channel or circuit. ( 3 ) The transmitting and the ON/OFF control, if at a location other than the transmitter site, shall be adequately protected against tampering by unauthorized persons. ( 4 ) A notification must be filed with the FCC via a Change of Control Point Notice in LMS providing the name, address, and telephone number of a person or persons who may be called to secure suspension of operation of the transmitter promptly should such action be deemed necessary by the FCC. Such information shall be kept current by the licensee. ( 5 ) In cases where the antenna and supporting structure are considered to be a hazard to air navigation and are required to be painted and lighted under the provisions of part 17 of the Rules, the licensee shall make suitable arrangements for the daily observations, when required, and lighting equipment inspections required by §§ 17.37 and 17.38 of the FCC rules. ( b ) An application for authority to construct a new low power TV station (when rebroadcasting the programs of another station) or TV translator station or to make changes in the facilities of an authorized station, and that proposes unattended operation, shall include an adequate showing as to the manner of compliance with this section. [ 47 FR 21500 , May 18, 1982, as amended at 48 FR 21487 , May 12, 1983; 60 FR 55483 , Nov. 1, 1995; 63 FR 33878 , June 22, 1998; 67 FR 13233 , Mar. 21, 2002; 87 FR 58203 , Sept. 23, 2022; 88 FR 30668 , May 12, 2023] § 74.735 Power limitations. ( a ) [Reserved] ( b ) The maximum ERP of a low power TV or TV translator station (average power) shall not exceed: ( 1 ) 3 kW for VHF channels 2-13; and ( 2 ) 15 kW for UHF channels 14-36. ( c ) The limits in paragraph (b) of this section apply to the effective radiated power in the horizontally polarized plane. For either omnidirectional or directional antennas, where the ERP values of the vertically and horizontally polarized components are not of equal strength, the ERP limits shall apply to the horizontal polarization, and the vertical ERP shall not intentionally exceed the horizontal ERP in any direction. Applications proposing the use of directional antenna systems must be accompanied by the following: ( 1 ) Complete description of the proposed antenna system, including the manufacturer and model number of the proposed directional antenna. It is not acceptable to label the antenna with only a generic term such as “Yagi” or “Dipole”. A specific model number must be provided. In the case of individually designed antennas with no model number, or in the case of a composite antenna composed of two or more individual antennas, the antenna should be described as a “custom” or “composite” antenna, as appropriate. A full description of the design of the antenna should also be submitted. ( 2 ) Relative field azimuth plane pattern (patterns for both horizontal and vertical polarization should be included if elliptical or circular polarization is used) of the proposed directional antenna. A value of 1.0 should be used for the maximum radiation in the horizontal polarization. The plot of the pattern should be oriented so that 0° corresponds to the maximum radiation of the directional antenna or, alternatively in the case of a symmetrical pattern, to the line of symmetry. The 0° on the plot should be referenced to the actual azimuth with respect to true North. ( 3 ) A tabulation of the relative field pattern required in paragraph (c)(2) , of this section. The tabulation should use the same zero degree reference as the plotted pattern, and be tabulated at least every 10°. In addition, tabulated values of all maximas and minimas, with their corresponding azimuths, should be submitted. ( 4 ) All azimuth plane patterns must be plotted in a PDF attachment to the application in a size sufficient to be easily viewed. ( 5 ) The horizontal plane patterns that are required are the patterns for the complete directional antenna system. In the case of a composite antenna composed of two or more individual antennas, this means that the patterns for the composite antenna composed of two or more individual antennas, not the patterns for each of the individual antennas, must be submitted. ( 6 ) If an elevation pattern is submitted in the application form, similar tabulations and PDF attachments shall be provided for the elevation pattern. ( 7 ) If a matrix pattern is submitted in the application form, similar tabulations shall be provided as necessary in the form of a spreadsheet to accurately represent the pattern. [ 30 FR 8847 , July 14, 1965, as amended at 41 FR 28267 , July 9, 1976; 47 FR 21500 , May 18, 1982; 48 FR 21487 , May 12, 1983; 52 FR 7423 , Mar. 11, 1987; 52 FR 31404 , Aug. 20, 1987; 58 FR 44951 , Aug. 25, 1993; 62 FR 26722 , May 14, 1997; 76 FR 44828 , July 27, 2011; 86 FR 66214 , Nov. 22, 2021; 87 FR 58203 , Sept. 23, 2022; 88 FR 30668 , May 12, 2023] § 74.736 [Reserved] § 74.737 Antenna location. ( a ) An applicant for a new low power TV or TV translator station or for a change in the facilities of an authorized station shall endeavor to select a site that will provide a line-of-sight transmission path to the entire area intended to be served and at which there is available a suitable signal from the primary station, if any, that will be retransmitted. ( b ) The transmitting antenna should be placed above growing vegetation and trees lying in the direction of the area intended to be served, to minimize the possibility of signal absorption by foliage. ( c ) A site within 8 kilometers of the area intended to be served is to be preferred if the conditions in paragraph (a) of this section can be met. ( d ) Consideration should be given to the accessibility of the site at all seasons of the year and to the availability of facilities for the maintenance and operation of the transmitting equipment. ( e ) The transmitting antenna should be located as near as is practical to the transmitter to avoid the use of long transmission lines and the associated power losses. ( f ) Consideration should be given to the existence of strong radio frequency fields from other transmitters at the site of the transmitting equipment and the possibility that such fields may result in the retransmissions of signals originating on frequencies other than that of the primary station being rebroadcast. [ 88 FR 30669 , May 12, 2023] § 74.750 Transmission system facilities. ( a ) A low power TV or TV translator station shall operate with a transmitter that is either certificated for licensing under the provisions of this subpart or type notified for use under part 73 of this chapter . ( b ) External preamplifiers also may be used provided that they do not cause improper operation of the transmitting equipment, and use of such preamplifiers is not necessary to meet the provisions of § 74.795(b) . ( c ) through ( d ) [Reserved] ( e ) The following procedures shall apply: ( 1 ) Any manufacturer of apparatus intended for use at low power TV or TV translator stations may request certification by following the procedures set forth in part 2, subpart J, of this chapter. ( 2 ) Low power TV and TV translator transmitting apparatus that has been certificated by the FCC will normally be authorized without additional measurements from the applicant or licensee. ( 3 ) Applications for certification of modulators to be used with existing certificated TV translator apparatus must include the specifications electrical and mechanical interconnecting requirements for the apparatus with which it is designed to be used. ( 4 ) Other rules concerning certification, including information regarding withdrawal of type acceptance, modification of certificated equipment, and limitations on the findings upon which certification is based, are set forth in part 2, subpart J, of this chapter. ( f ) The transmitting antenna system may be designed to produce horizontal, elliptical, or circular polarization. ( g ) Low power TV or TV translator stations installing new certificated transmitting apparatus incorporating modulating equipment need not make equipment performance measurements and shall so indicate on the station license application. Stations adding new or replacing modulating equipment in existing low power TV or TV translator station transmitting apparatus must have a qualified person examine the transmitting system after installation. A report of the methods, measurements, and results must be kept in the station records. However, stations installing modulating equipment solely for the limited local origination of signals permitted by § 74.790 need not comply with the requirements of this paragraph (g) . [ 88 FR 30669 , May 12, 2023] § 74.751 Modification of transmission systems. ( a ) No change, either mechanical or electrical, may be made in apparatus which has been certificated by the Commission without prior authority of the Commission. If such prior authority has been given to the manufacturer of certificated equipment, the manufacturer may issue instructions for such changes citing its authority. In such cases, individual licensees are not required to secure prior Commission approval but shall notify the Commission when such changes are completed. ( b ) Formal application (FCC Form 2100, Schedule C) is required for any of the following changes: ( 1 ) Replacement of the transmitter as a whole, except replacement with a transmitter of identical power rating which has been certificated by the FCC for use by low power TV and TV translator stations, or any change which could result in a change in the electrical characteristics or performance of the station. ( 2 ) Any change in the transmitting antenna system, including the direction of radiation, directive antenna pattern, antenna gain, transmission line loss characteristics, or height of antenna center of radiation. ( 3 ) Any change in the overall height of the antenna structure, except where notice to the Federal Aviation Administration is specifically not required under § 17.14(b) of this chapter . ( 4 ) Any horizontal change of the location of the antenna. ( 5 ) A change in frequency assignment. ( 6 ) [Reserved] ( 7 ) A change of authorized operating power. ( c ) Notwithstanding the requirements in paragraph (b) of this section, a station may file in LMS a correction of geographic coordinates where the change is 3 seconds or fewer in latitude and/or 3 seconds or fewer in longitude, provided there is no physical change in location and no other licensed parameters are changed. An exhibit should be attached to the application(s) specifying that it is a coordinate correction. ( d ) Upon installation of new or replacement transmitting equipment for which prior FCC authority is not required under the provisions of this section, the licensee must place in the station records a certification that the new installation complies in all respects with the technical requirements of this part and the station authorization. [ 28 FR 13722 , Dec. 14, 1963, as amended at 38 FR 6827 , Mar. 13, 1973; 39 FR 38652 , Nov. 1, 1974; 45 FR 26067 , Apr. 17, 1980; 47 FR 21501 , May 18, 1982; 48 FR 41423 , Sept. 15, 1983; 50 FR 23710 , June 5, 1985; 52 FR 31405 , Aug. 20, 1987; 63 FR 33879 , June 22, 1998; 63 FR 36605 , July 7, 1998; 67 FR 13233 , Mar. 21, 2002; 87 FR 58203 , Sept. 23, 2022; 88 FR 30669 , May 12, 2023] § 74.761 [Reserved] § 74.762 Frequency measurements. ( a ) The licensee of a low power TV station or a TV translator station must measure the frequency of its output channel as often as necessary to ensure operation consistent with the Advanced Television Systems Committee (ATSC) standard (see § 73.682 of this chapter ; for ATSC 1.0, § 73.682(d) , ATSC A/53 Part 2, and for ATSC 3.0, § 73.682(f)(2) ), and at least once each calendar year at intervals not exceeding 14 months. ( b ) In the event that a low power TV or TV translator station is found to be operating inconsistent with the standard in paragraph (a) of this section, the licensee promptly shall suspend operation of the transmitter and shall not resume operation until the transmitter has been restored to its assigned frequency. [ 88 FR 30669 , May 12, 2023] § 74.763 Time of operation. ( a ) A low power TV or TV translator station is not required to adhere to any regular schedule of operation. However, the licensee of a TV translator station is expected to provide service to the extent that such is within its control and to avoid unwarranted interruptions in the service provided. ( b ) In the event that causes beyond the control of the low power TV or TV translator station licensee make it impossible to continue operating, the licensee may discontinue operation for a period of not more than 30 days without further authority from the FCC. Notification must be sent to the FCC via a Suspension of Operations Notice filing in LMS, not later than the 10th day of discontinued operation. During such period, the licensee shall continue to adhere to the requirements in the station license pertaining to the lighting of antenna structures. In the event normal operation is restored prior to the expiration of the 30 day period, the FCC shall be notified via a Resumption of Operations Notice filing in LMS of the date normal operations resumed. If causes beyond the control of the licensee make it impossible to comply within the allowed period, a request for Special Temporary Authority (see § 73.1635 of this chapter ) shall be made to the FCC no later than the 30th day for such additional time as may be deemed necessary via LMS. ( c ) Failure of a low power TV or TV translator station to operate for a period of 30 days or more, except for causes beyond the control of the licensee, shall be deemed evidence of discontinuation of operation and the license of the station may be cancelled at the discretion of the FCC. Furthermore, the station's license will expire as a matter of law, without regard to any causes beyond control of the licensee, if the station fails to transmit broadcast signals for any consecutive 12-month period, notwithstanding any provision, term, or condition of the license to the contrary. ( d ) A television broadcast translator station shall not be permitted to radiate during extended periods when signals of the primary station are not being retransmitted. [ 28 FR 13722 , Dec. 14, 1963, as amended at 52 FR 7423 , Mar. 11, 1987; 52 FR 31405 , Aug. 20, 1987; 61 FR 28768 , June 6, 1996; 63 FR 33879 , June 22, 1998; 67 FR 13233 , Mar. 21, 2002; 87 FR 58203 , Sept. 23, 2022; 88 FR 30669 , May 12, 2023] § 74.769 Familiarity with FCC rules. Each licensee or permittee of a station authorized under this subpart shall be familiar with those rules relating to stations authorized under this subpart. Copies of the Commission's rules may be obtained from the Superintendent of Documents, Government Publishing Office, Washington, DC 20401, or accessed online at https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR . [ 83 FR 13683 , Mar. 30, 2018] § 74.779 Electronic delivery of notices to LPTV stations. In accordance with § 76.1600 of this title , beginning July 31, 2020, each licensee of a low power television station or noncommercial educational translator station that is entitled to notices under § 76.64(k) , § 76.1601 , § 76.1607 , or § 76.1617 of this title shall receive such notices via email to the licensee's email address (not a contact representative's email address, if different from the licensee's email address) as displayed publicly in the Commission's Licensing and Management System (LMS), or the primary station's carriage-related email address if the noncommercial educational translator station does not have its own email address listed in LMS. Licensees are responsible for the continuing accuracy and completeness of this information. [ 85 FR 16004 , Mar. 20, 2020] § 74.780 Broadcast regulations applicable to translators and low power stations. The following rules are applicable to TV translator and low power TV stations: ( a ) 47 CFR part 5 —Experimental authorizations. ( b ) 47 CFR 73.658 —Affiliation agreements and network program practices; territorial exclusivity in non-network program arrangements. ( c ) 47 CFR part 11 —Emergency Alert System (for low power TV stations locally originating programming as defined by § 74.701(h) ). ( d ) 47 CFR 73.1030 —Notifications concerning interference to radio astronomy, research, and receiving installations. ( e ) 47 CFR 73.1206 —Broadcast of telephone conversations. ( f ) 47 CFR 73.1207 —Rebroadcasts. ( g ) 47 CFR 73.1208 —Broadcast of taped, filmed, or recorded material. ( h ) 47 CFR 73.1211 —Broadcast of lottery information. ( i ) 47 CFR 73.1212 —Sponsorship identifications; list retention; related requirements. ( j ) 47 CFR 73.1216 —Licensee-conducted contests. ( k ) 47 CFR 73.1515 —Special field test authorizations. ( l ) 47 CFR 73.1615 —Operation during modification of facilities. ( m ) 47 CFR 73.1635 —Special temporary authorizations (STA). ( n ) 47 CFR 73.1650 —International agreements. ( o ) 47 CFR 73.1680 —Emergency antennas. ( p ) 47 CFR 73.1692 —Reserved. ( q ) 47 CFR 73.1940 —Legally qualified candidates for public office. ( r ) 47 CFR 73.2080 —Equal employment opportunities (for low power TV stations only). ( s ) 47 CFR 73.3500 —Application and report forms. ( t ) 47 CFR 73.3511 —Applications required. ( u ) 47 CFR 73.3512 —Where to file; number of copies. ( v ) 47 CFR 73.3513 —Signing of applications. ( w ) 47 CFR 73.3514 —Content of applications. ( x ) 47 CFR 73.3516 —Specification of facilities. ( y ) 47 CFR 73.3517 —Contingent applications. ( z ) 47 CFR 73.3518 —Inconsistent or conflicting applications. ( aa ) 47 CFR 73.3519 —Repetitious applications. ( bb ) 47 CFR 73.3521 —Mutually exclusive applications for low power TV and TV translator stations. ( cc ) 47 CFR 73.3522 —Amendment of applications. ( dd ) 47 CFR 73.3525 —Agreements for removing application conflicts. ( ee ) 47 CFR 73.3533 —Application for construction permit or modification of construction permit. ( ff ) 47 CFR 73.3536 —Application for license to cover construction permit. ( gg ) 47 CFR 73.3538(a)(1) , (3) , and (4) and (b) —Application to make changes in an existing station. ( hh ) 47 CFR 73.3539 —Application for renewal of license. ( ii ) 47 CFR 73.3540 —Application for voluntary assignment or transfer of control. ( jj ) 47 CFR 73.3541 —Application for involuntary assignment of license or transfer of control. ( kk ) 47 CFR 73.3542 —Application for emergency authorization. ( ll ) 47 CFR 73.3544 —Application to obtain a modified station license. ( mm ) 47 CFR 73.3545 —Application for permit to deliver programs to foreign stations. ( nn ) 47 CFR 73.3550 —Requests for new or modified call sign assignments. ( oo ) 47 CFR 73.3561 —Staff consideration of applications requiring Commission action. ( pp ) 47 CFR 73.3562 —Staff consideration of applications not requiring action by the Commission. ( qq ) 47 CFR 73.3564 —Acceptance of applications. ( rr ) 47 CFR 73.3566 —Defective applications. ( ss ) 47 CFR 73.3568 —Dismissal of applications. ( tt ) 47 CFR 73.3572 —Processing of TV broadcast, low power TV, and TV translator station applications. ( uu ) 47 CFR 73.3580 —Local public notice of filing of broadcast applications. ( vv ) 47 CFR 73.3584 —Petitions to deny. ( ww ) 47 CFR 73.3587 —Informal objections. ( xx ) 47 CFR 73.3591 —Grants without hearing. ( yy ) 47 CFR 73.3593 —Designation for hearing. ( zz ) 47 CFR 73.3594 —Local public notice of designation for hearing. ( aaa ) 47 CFR 73.3597 —Procedures on transfer and assignment applications. ( bbb ) 47 CFR 73.3598 —Period of construction. ( ccc ) 47 CFR 73.3601 —Simultaneous modification and renewal of license. ( ddd ) 47 CFR 73.3603 —Special waiver procedure relative to applications. ( eee ) 47 CFR 73.3612 —Annual employment report (for low power TV stations only). ( fff ) 47 CFR 73.3613 —Availability to FCC of station contracts (network affiliation contracts for low power TV stations only). [ 87 FR 58203 , Sept. 23, 2022] § 74.781 Station records. ( a ) The licensee of a low power TV or TV translator station shall maintain adequate station records, including the current instrument of authorization, official correspondence with the FCC, contracts, permission for rebroadcasts, and other pertinent documents. ( b ) Entries required by § 17.49 of this Chapter concerning any observed or otherwise known extinguishment or improper functioning of a tower light: ( 1 ) The nature of such extinguishment or improper functioning. ( 2 ) The date and time the extinguishment or improper operation was observed or otherwise noted. ( 3 ) The date, time and nature of adjustments, repairs or replacements made. ( c ) The station records shall be maintained for inspection at a residence, office, or public building, place of business, or other suitable place, in one of the communities of license of the translator, except that the station records of a translator licensed to the licensee of the primary station may be kept at the same place where the primary station records are kept. The station records shall be made available upon request to any authorized representative of the Commission. ( d ) Station logs and records shall be retained for a period of two years. [ 48 FR 44806 , Sept. 30, 1983, as amended at 52 FR 31405 , Aug. 20, 1987; 84 FR 2759 , Feb. 8, 2019; 87 FR 58204 , Sept. 23, 2022] § 74.782 Low power television and TV translator simulcasting during the ATSC 3.0 (Next Gen TV) transition. Cross Reference Link to an amendment published at 88 FR 45368 , July 17, 2023. ( a ) Simulcasting arrangements. While broadcasters are voluntarily deploying ATSC 3.0, a low power television (LPTV) or TV translator station may partner with one or more other LPTV or TV translator stations or with one or more full power or Class A stations in a simulcasting arrangement for purposes of airing either an ATSC 1.0 or ATSC 3.0 signal on a host station's ( i.e., a station whose facilities are being used to transmit programming originated by another station) facilities. ( 1 ) An LPTV or TV translator station airing an ATSC 1.0 or ATSC 3.0 signal on the facilities of a full power host station must comply with the rules of part 73 of this chapter governing power levels and interference, and must comply in all other respects with the rules and policies applicable to low power television or TV translator stations set forth in this part. ( 2 ) An LPTV or TV translator station airing an ATSC 1.0 or ATSC 3.0 signal on the facilities of a Class A host station must comply with the rules governing power levels and interference applicable to Class A television stations, and must comply in all other respects with the rules and policies applicable to LPTV or TV translator stations as set forth in Part 74 of this chapter . ( b ) Simulcasting requirement. An LPTV or TV translator station that elects voluntarily to simulcast while broadcasters are voluntarily deploying ATSC 3.0 must simulcast the primary video programming stream of their ATSC 3.0 signal in an ATSC 1.0 format. This requirement does not apply to any multicast streams aired on the ATSC 3.0 channel. ( 1 ) The programming aired on the ATSC 1.0 simulcast signal must be “substantially similar” to that aired on the ATSC 3.0 primary video programming stream. For purposes of this section, “substantially similar” means that the programming must be the same except for advertisements, promotions for upcoming programs, and programming features that are based on the enhanced capabilities of ATSC 3.0. These enhanced capabilities include: ( i ) Hyper-localized content (e.g., geo-targeted weather, targeted emergency alerts, and hyper-local news): ( ii ) Programming features or improvements created for the ATSC 3.0 service (e.g., emergency alert “wake up” ability and interactive program features); ( iii ) Enhanced formats made possible by ATSC 3.0 technology (e.g., 4K or HDR); and ( iv ) Personalization of programming performed by the viewer and at the viewer's discretion. ( 2 ) For purposes of paragraph (b)(1) of this section, programming that airs at a different time on the ATSC 1.0 simulcast signal than on the primary video programming stream of the ATSC 3.0 signal is not considered “substantially similar.” ( 3 ) The “substantially similar” requirement in paragraph (b)(1) of this section will sunset on July 17, 2027. ( c ) Transitioning directly to ATSC 3.0. LPTV and TV translator stations may transition directly from ATSC 1.0 to ATSC 3.0 operation without simulcasting. ( d ) Coverage requirements for the ATSC 1.0 simulcast channel. For LPTV and TV translator stations that elect voluntarily to simulcast and temporarily to relocate their ATSC 1.0 signal to the facilities of a host station for purposes of deploying ATSC 3.0 service (and that convert their existing facilities to ATSC 3.0), the station: ( 1 ) Must maintain overlap between the protected contour of its existing facilities and its ATSC 1.0 simulcast signal; ( 2 ) May not relocate its ATSC 1.0 simulcast signal more than 30 miles from the reference coordinates of the relocating station's existing antenna location; and ( 3 ) Must select a host station assigned to the same Designated Market Area as the originating station ( i.e., the station whose programming is being transmitted on the host station). ( e ) Coverage requirements for ATSC 3.0 signals. For LPTV and TV translator stations that elect voluntarily to simulcast and to continue broadcasting in ATSC 1.0 from the station's existing facilities and transmit an ATSC 3.0 signal from a host location, the ATSC 3.0 signal must be established on a host station assigned to the same DMA as the originating station. ( f ) Simulcasting agreements. ( 1 ) Simulcasting agreements must contain provisions outlining each licensee's rights and responsibilities regarding: ( i ) Access to facilities, including whether each licensee will have unrestrained access to the host station's transmission facilities; ( ii ) Allocation of bandwidth within the host station's channel; ( iii ) Operation, maintenance, repair, and modification of facilities, including a list of all relevant equipment, a description of each party's financial obligations, and any relevant notice provisions; ( iv ) Conditions under which the simulcast agreement may be terminated, assigned or transferred; and ( v ) How a guest's station's ( i.e., a station originating programming that is being transmitted using the facilities of a host station) signal may be transitioned off the host station. ( 2 ) LPTV and TV translators must maintain a written copy of any simulcasting agreement and provide it to the Commission upon request. ( g ) Licensing of simulcasting stations and stations converting to ATSC 3.0 operation. ( 1 ) Each station participating in a simulcasting arrangement pursuant to this section shall continue to be licensed and operated separately, have its own call sign, and be separately subject to all applicable Commission obligations, rules, and policies. ATSC 1.0 and ATSC 3.0 signals aired on the facilities of a host station will be licensed as temporary second channels of the originating station. The Commission will include a note on the originating station's license identifying any ATSC 1.0 or ATSC 3.0 signal being aired on the facilities of a host station. The Commission will also include a note on a host station's license identifying any ATSC 1.0 or ATSC 3.0 guest signal(s) being aired on the facilities of the host station. ( 2 ) Application required. An LPTV or TV translator broadcaster must file an application (FCC Form 2100) with the Commission, and receive Commission approval, before: ( i ) Moving its ATSC 1.0 signal to the facilities of a host station, moving that signal from the facilities of an existing host station to the facilities of a different host station, or discontinuing an ATSC 1.0 guest signal; ( ii ) Commencing the airing of an ATSC 3.0 signal on the facilities of a host station (that has already converted to ATSC 3.0 operation), moving its ATSC 3.0 signal to the facilities of a different host station, or discontinuing an ATSC 3.0 guest signal; or ( iii ) Converting its existing station to transmit an ATSC 3.0 signal or converting the station from ATSC 3.0 back to ATSC 1.0 transmissions. ( 3 ) Streamlined process. With respect to an application in paragraph (g)(2) of this section, an LPTV or TV translator broadcaster may file only an application for modification of license provided no other changes are being requested in such application that would require the filing of an application for a construction permit as otherwise required by the rules ( see, e.g., §§ 74.751 and 74.787 ). ( 4 ) Host station. A host station must first make any necessary changes to its facilities before a guest station may file an application to air a 1.0 or 3.0 signal on such host. ( 5 ) Expedited processing. An application filed in accordance with the streamlined process in paragraph (g)(3) of this section will receive expedited processing provided, for LPTV and TV translator stations seeking voluntarily to simulcast and to air an ATSC 1.0 signal on the facilities of a host station, the station will provide ATSC 1.0 service to at least 95 percent of the predicted population within the protected contour of its original ATSC 1.0 facility. ( 6 ) Required information. ( i ) An application in paragraph (g)(2) of this section must include the following information: ( A ) The station serving as the host, if applicable; ( B ) The technical facilities of the host station, if applicable; ( C ) The DMA of the originating broadcaster's facility and the DMA of the host station, if applicable; and ( D ) Any other information deemed necessary by the Commission to process the application. ( ii ) If an application in paragraph (g)(2) of this section includes a request to air an ATSC 1.0 signal on the facilities of a host station, the LPTV or TV translator broadcaster must also indicate on the application: ( A ) The predicted population within the protected contour served by the station's original ATSC 1.0 signal; ( B ) The predicted population within the protected contour served by the station's original ATSC 1.0 signal that will lose the station's ATSC 1.0 service as a result of the simulcasting arrangement, including identifying areas of service loss by providing a contour overlap map; and ( C ) Whether the ATSC 1.0 simulcast signal aired on the host station will serve at least 95 percent of the population in paragraph (g)(6)(ii)(A) of this section. ( iii ) If an application in paragraph (g)(2) of this section includes a request to air an ATSC 1.0 signal on the facilities of a host station and does not meet the 95 percent standard in paragraph (g)(6)(ii) of this section, the application must contain, in addition to the information in paragraphs (g)(6)(i) and (ii) of this section, the following information: ( A ) Whether there is another possible host station(s) in the market that would result in less service loss to existing viewers and, if so, why the Next Gen TV broadcaster chose to partner with a host station creating a larger service loss; ( B ) What steps, if any, the station plans to take to minimize the impact of the service loss (e.g., providing ATSC 3.0 dongles, set-top boxes, or gateway devices to viewers in the loss area); and ( C ) The public interest benefits of the simulcasting arrangement and a showing of why the benefit(s) of granting the application would outweigh the harm(s). These applications will be considered on a case-by-case basis. ( h ) Consumer education for Next Gen TV stations. ( 1 ) LPTV and TV translator stations that elect voluntarily to simulcast and that relocate their ATSC 1.0 signals (e.g., moving to a host station's facilities, subsequently moving to a different host, or returning to its original facility) will be required to air daily Public Service Announcements (PSAs) or crawls every day for 30 days prior to the date that the stations will terminate ATSC 1.0 operations on their existing facilities. LPTV and TV translator stations that transition directly to ATSC 3.0 will be required to air daily Public Service Announcements (PSAs) or crawls every day for 30 days prior to the date that the stations will terminate ATSC 1.0 operations. ( 2 ) PSAs. Each PSA must be provided in the same language as a majority of the programming carried by the transitioning station and be closed-captioned. ( 3 ) Crawls. Each crawl must be provided in the same language as a majority of the programming carried by the transitioning station. ( 4 ) Content of PSAs or crawls. For stations relocating their ATSC 1.0 signals or transitioning directly to ATSC 3.0, each PSA or crawl must provide all pertinent information to consumers. ( i ) Notice to MVPDs. ( 1 ) Next Gen TV stations relocating their ATSC 1.0 simulcast signals (e.g., moving to a temporary host station's facilities, subsequently moving to a different host, or returning to its original facility) must provide notice to MVPDs that: ( i ) No longer will be required to carry the station's ATSC 1.0 signal due to the relocation; or ( ii ) Carry and will continue to be obligated to carry the station's ATSC 1.0 signal from the new location. ( 2 ) The notice required by this section must contain the following information: ( i ) Date and time of any ATSC 1.0 channel changes; ( ii ) The ATSC 1.0 channel occupied by the station before and after commencement of local simulcasting; ( iii ) Modification, if any, to antenna position, location, or power levels; ( iv ) Stream identification information; and ( v ) Engineering staff contact information. ( 3 ) If any of the information in paragraph (f)(2) of this section changes, an amended notification must be sent. ( 4 ) ( i ) Next Gen TV stations must provide notice as required by this section: ( A ) At least 120 days in advance of relocating their ATSC 1.0 simulcast signals if the relocation occurs during the post-incentive auction transition period; or ( B ) At least 90 days in advance of relocating their 1.0 simulcast signals if the relocation occurs after the post-incentive auction transition period. ( ii ) If the anticipated date of the ATSC 1.0 service relocation changes, the station must send a further notice to affected MVPDs informing them of the new anticipated date. ( 5 ) Next Gen TV stations may choose whether to provide notice as required by this section either by a letter notification or electronically via email if the relevant MVPD agrees to receive such notices by email. Letter notifications to MVPDs must be sent by certified mail, return receipt requested to the MVPD's address in the FCC's Online Public Inspection File (OPIF), if the MVPD has an online file. For cable systems that do not have an online file, notices must be sent to the cable system's official address of record provided in the system's most recent filing in the FCC's Cable Operations and Licensing System (COALS). For MVPDs with no official address in OPIF or COALS, the letter must be sent to the MVPD's official corporate address registered with their State of incorporation. [ 83 FR 5026 , Feb. 2, 2018, as amended at 85 FR 43492 , July 17, 2020; 88 FR 45368 , July 17, 2023] § 74.783 Station identification. ( a ) Each low power TV station as defined by § 74.701(f) must transmit its station identification using one of the following methods: ( 1 ) When originating programming, as defined by § 74.701(h) , a low power TV station may use the station identification procedures given in § 73.1201 of this chapter on its primary stream. Other streams may use the method in paragraph (a)(2) of this section. The identification procedures given in the remainder of this paragraph are to be used at any time the station is not originating programming; or ( 2 ) By transmitting the call sign in the short channel name field of the Program and System and Information Protocol (PSIP) (or its ATSC 3.0 equivalent) for at least one stream on the station. If the station is assigned an alphanumeric call sign consistent with § 74.791(d) and its call sign has more than 7 characters, it may drop the “-D” from the end of the call sign when identifying with this method; or ( 3 ) By arranging for the primary station, whose signal is being rebroadcast, to identify the low power TV station by transmitting an easily readable visual presentation or a clearly understandable aural presentation of the low power TV station's call letters and location. Two such identifications shall be made between 7 a.m. and 9 a.m. and 3 p.m. and 5 p.m. each broadcast day at approximately one hour intervals during each time period. Television stations which do not begin their broadcast day before 9 a.m. shall make these identifications in the hours closest to these time periods at the specified intervals. ( b ) Licensees of television translator stations may arrange for identification via the method in paragraph (a)(3) of this section. Licensees of television translators who make such arrangements for station identification to be made by the television station whose signals are being rebroadcast by the translator, must secure agreement with this television station licensee to keep in its file, and available to FCC personnel, the translator's call letters and location, giving the name, address, and telephone number of the licensee or his service representative to be contacted in the event of malfunction of the translator. It shall be the responsibility of the translator licensee to furnish current information to the television station licensee for this purpose. ( c ) Transport Stream ID (TSID) values are identification numbers assigned to stations by the FCC and stored in the Commission's online database. Two sequential values are assigned to each station. ( 1 ) All low power TV stations originating programming shall transmit their assigned odd-numbered TSID, if one has been assigned. All TV translator stations, and low power TV stations not originating programming, shall pass through the assigned TSID of the originating station, unless the translator or low power TV station is modifying the signal of one or more originating stations in such a way that it is not clear which originating station's TSID should be used. In that case, the station shall transmit its assigned odd-numbered TSID if one has been assigned. ( 2 ) In ATSC 3.0, a similar value is used called a Bit Stream ID (BSID). LPTV stations operating in ATSC 3.0 mode shall utilize their assigned even-numbered TSID as their BSID, and LPTV/translator stations shall transmit the BSID as otherwise required of the TSID in paragraph (d)(1) of this section. [ 88 FR 30670 , May 12, 2023] § 74.784 Rebroadcasts. ( a ) The term rebroadcast means the reception by radio of the programs or other signals of a radio or television station and the simultaneous or subsequent retransmission of such programs or signals for direct reception by the general public. ( b ) The licensee of a low power TV or TV translator station shall not rebroadcast the programs of any other TV broadcast station or other station authorized under the provisions of this subpart without obtaining prior consent of the station whose signals or programs are proposed to be retransmitted. The FCC shall be notified of the call letters of each station rebroadcast, and the licensee of the low power TV or TV broadcast translator station shall certify it has obtained written consent from the licensee of the station whose programs are being retransmitted. This notification shall be provided by email to TVRebroadcast@fcc.gov , the Video Division's email box. ( c ) A TV translator station may rebroadcast only programs and signals that are simultaneously transmitted by a TV broadcast station. ( d ) [Reserved] ( e ) The provisions of § 73.1207 of part 73 of this chapter apply to low power TV stations in transmitting any material during periods of program origination obtained from the transmissions of any other type of station. [ 28 FR 13722 , Dec. 14, 1963, as amended at 47 FR 21502 , May 18, 1982; 52 FR 31405 , Aug. 20, 1987; 63 FR 33879 , June 22, 1998; 67 FR 13234 , Mar. 21, 2002; 87 FR 58204 , Sept. 23, 2022; 88 FR 30670 , May 12, 2023] § 74.785 Low power TV digital data service pilot project. Low power TV stations authorized pursuant to the LPTV Digital Data Services Act ( Public Law 106-554 , 114 Stat. 4577, December 1, 2000) to participate in a digital data service pilot project shall be subject to the provisions of the Commission Order implementing that Act. FCC 01-137, adopted April 19, 2001, as modified by the Commission Order on Reconsideration, FCC 02-40, adopted February 12, 2002. [ 67 FR 9621 , Mar. 4, 2002] § 74.786 [Reserved] § 74.787 Licensing. ( a ) Applications for low power television and television translator stations. ( 1 ) - ( 2 ) [Reserved] ( 3 ) Construction permit applications for new stations, major changes to existing stations in the low power television service. A public notice will specify the date upon which interested parties may begin to file applications for new stations and major facilities changes to existing stations in the low power television service. It will specify parameters for any applications that may be filed. Applications submitted prior to date announced by the public notice will be returned as premature. Such applications shall be accepted on a first-come, first-served basis, and shall be filed on FCC Form 2100, Schedule C. Applications for new or major change shall be subject to the appropriate application fee. Mutually exclusive applications shall be resolved via the Commission's part 1 and broadcast competitive bidding rules, § 1.2100 et seq., and § 73.5000 et seq. of this chapter. Such applicants shall be afforded an opportunity to submit settlements and engineering solutions to resolve mutual exclusivity pursuant to § 73.5002(d) of this chapter . ( 4 ) Displacement applications. A low power television, television translator, or DRT or DTDRT station which is causing or receiving interference or is predicted to cause or receive interference to or from an authorized TV broadcast station or allotment or other protected station or service, may at any time file a displacement relief application for change in channel, together with technical modifications that are necessary to avoid interference or continue serving the station's protected service area, provided the proposed transmitter site is not located more than 30 miles from the reference coordinates of the existing station's community of license. See § 76.53 of this chapter . A displacement relief application shall be filed on FCC Form 2100, Schedule C, and will be considered a minor change and will be placed on public notice for a period of not less than 30 days to permit the filing of petitions to deny. These applications will not be subject to the filing of competing applications. Where a displacement relief application for a low power television or television translator station becomes mutually exclusive with the application(s) for new low power television or television translator stations, or with other non-displacement relief applications for facilities modifications of low power television or television translator stations, priority will be afforded to the displacement application for the low power television or television translator station to the exclusion of other applications. Mutually exclusive displacement relief applications for low power television and television translator stations shall be resolved via the Commission's rules in part 1 of this chapter and broadcast competitive bidding rules in §§ 1.2100 through 1.2209 and 73.5000 through 73.5009 of this chapter . Such applicants shall be afforded an opportunity to submit settlements and engineering solutions to resolve mutual exclusivity pursuant to § 73.5002(d) of this chapter . ( 5 ) Applications for analog-to-digital and digital-to-digital replacement television translators. ( i ) Applications for new DRTs and DTDRTs are no longer accepted. ( ii ) [Reserved] ( iii ) Displacement applications for DRTs and DTDRTs shall be given processing priority over all other low power television and TV translator new, minor change, or displacement applications except displacement applications for other DRTs and DTDRTs with which they shall have co-equal priority. ( iv ) [Reserved] ( v ) Pre-auction digital service area is the geographic area within the full power station's noise-limited contour that was protected in the incentive auction repacking process. The service area of the digital-to-digital replacement translator shall be limited to only the demonstrated loss area within the full power station's pre-auction digital service area, provided that an applicant for a digital-to-digital replacement television translator may propose a de minimis expansion of its full power pre-auction digital service area upon demonstrating that the expansion is necessary to replace a loss in its pre-auction digital service area. ( vi ) The license for the analog-to-digital and digital-to-digital replacement television translator will be associated with the full power station's main license, will be assigned the same call sign, may not be separately assigned or transferred, and will be renewed with the full power station's main license. ( vii ) Analog-to-digital and digital-to-digital replacement television translators may operate only on those television channels designated for broadcast television in § 74.702 . ( b ) Definitions of “major” and “minor” changes to low power television and television translator stations. ( 1 ) Applications for major changes in low power television and television translator stations include: ( i ) Any change in the frequency (output channel) not related to displacement relief; ( ii ) Any change in transmitting antenna location where the protected contour resulting from the change does not overlap some portion of the protected contour of the authorized facilities of the existing station; or ( iii ) Any change in transmitting antenna location of greater than 30 miles (48 kilometers) from the reference coordinates of the existing station's antenna location. ( 2 ) Other facilities changes will be considered minor including changes made to implement a channel sharing arrangement provided they comply with the other provisions of this section. ( c ) Licensing. An application to construct a new low power TV or TV translator station or change the facilities of an existing station will not be accepted if it fails to protect an authorized Class A, low power TV, or TV translator station or an application for such a station filed prior to the date the low power TV or TV translator application is filed. [ 69 FR 69333 , Nov. 29, 2004, as amended at 74 FR 23655 , May 20, 2009; 76 FR 44828 , July 27, 2011; 81 FR 5053 , Feb. 1, 2016; 83 FR 13683 , Mar. 30, 2018; 84 FR 2759 , Feb. 8, 2019; 86 FR 66214 , Nov. 22, 2021; 87 FR 58204 , Sept. 23, 2022; 88 FR 30670 , May 12, 2023; 89 FR 7265 , Feb. 1, 2024] § 74.789 [Reserved] § 74.790 Permissible service of TV translator and LPTV stations. Cross Reference Link to an amendment published at 88 FR 59469 , Aug. 29, 2023. ( a ) TV translator stations provide a means whereby the signals of broadcast stations may be retransmitted to areas in which direct reception of such stations is unsatisfactory due to distance or intervening terrain barriers. ( b ) Except as provided in paragraph (f) of this section, a TV translator station may be used only to receive the signals of a TV broadcast station, another TV translator station, a TV translator relay station, a television intercity relay station, a television STL station, or other suitable sources such as a CARS or common carrier microwave station, for the simultaneous retransmission of the programs and signals of a TV broadcast station. Such retransmissions may be accomplished by any of the following means: ( 1 ) Reception of TV broadcast station programs and signals directly through space and conversion to a different channel by one of the following transmission modes: ( i ) Heterodyne frequency conversion and suitable amplification, subject to a digital output power limit of 30 watts for transmitters operating on channels 14-69 and 3 watts for transmitters operating on channels 2-13; or ( ii ) Digital signal regeneration ( i.e., signal demodulation, decoding, error processing, encoding, remodulation, and frequency upconversion) and suitable amplification; or, ( 2 ) Demodulation, remodulation, and amplification of TV broadcast station programs and signals received through a microwave transport. ( c ) The transmissions of each TV translator station shall be intended for direct reception by the general public, and any other use shall be incidental thereto. A TV translator station shall not be operated solely for the purpose of relaying signals to one or more fixed receiving points for retransmission, distribution, or further relaying. ( d ) Except as provided in paragraphs (e) and (f) of this section, the technical characteristics of the retransmitted signals shall not be deliberately altered so as to hinder reception on consumer TV broadcast receiving equipment. ( e ) A TV translator station shall not retransmit the programs and signals of any TV broadcast station(s) without the prior written consent of such station(s). A TV translator may multiplex on its output channel the video program services of two or more TV broadcast stations, pursuant to arrangements with all affected stations, and for this limited purpose, is permitted to alter a TV broadcast signal. ( f ) A TV translator station may transmit locally originated visual and/or aural messages limited to emergency warnings of imminent danger, to local public service announcements (PSAs) and to seeking or acknowledging financial support deemed necessary to the continued operation of the station. Acknowledgments of financial support may include identification of the contributors, the size and nature of the contribution and the advertising messages of the contributors. The originations concerning financial support and PSAs are limited to 30 seconds each, no more than once per hour. Emergency transmissions shall be no longer or more frequent than necessary to protect life and property. Such originations may be accomplished by any technical means agreed upon between the TV translator and TV station whose signal is being retransmitted, but must be capable of being received on consumer TV broadcast reception equipment. ( g ) An LPTV station may operate under the following modes of service: ( 1 ) For the retransmission of programming of a TV broadcast station, subject to the prior written consent of the station whose signal is being retransmitted. ( 2 ) For the origination of programming and commercial matter as defined in § 74.701(l) . ( 3 ) Whenever operating, an LPTV station must transmit at least one over-the-air video program signal at no direct charge to viewers at a resolution of at least 480i (vertical resolution of 480 lines, interlaced). ( 4 ) An LPTV station may dynamically alter the bit stream of its signal to transmit one or more video program services in any established DTV video format. ( h ) An LPTV station is not subject to minimum required hours of operation and may operate in either of the two modes described in paragraph (g) of this section for any number of hours. ( i ) Upon transmitting a signal that meets the requirements of paragraph (g)(3) of this section, an LPTV station may offer services of any nature, consistent with the public interest, convenience, and necessity, on an ancillary or supplementary basis in accordance with the provisions of § 73.624(c) and (g) of this chapter . ( j ) An LPTV station may not be operated solely for the purpose of relaying signals to one or more fixed receiving points for retransmission, distribution or relaying. ( k ) An LPTV station may receive input signals for transmission or retransmission by any technical means, including those specified in paragraph (b) of this section. ( l ) As necessary, a TV translator shall modify, to avoid TV reception tuning conflicts with other stations, the Program System and Information Protocol (PSIP) information in the TV broadcast signal being retransmitted. ( m ) Low power television and TV translator stations may no longer operate any facility in analog (NTSC) mode. ( n ) An LPTV station shall transmit at least the minimum Program System and Information Protocol (PSIP) information necessary for receivers to display the station's programming. The station is not required to utilize any specific virtual channel number but must avoid creating a contour overlap with any full power TV or Class A TV station's virtual channel, or creating a contour overlap with another LPTV station using the same virtual channel. ( o ) Provision of analog FM radio operations by digital LPTV channel 6 stations (FM6 LPTV stations). FM6 LPTV stations may provide analog FM radio operations (FM6 operations) on an ancillary or supplementary basis subject to the following: ( 1 ) The FM6 LPTV station must have been providing FM6 operations pursuant to an active engineering special temporary authority on June 7, 2022, or as otherwise permitted by the Commission. ( 2 ) The FM6 LPTV station must be operating in ATSC 3.0 digital format, as authorized in § 74.782 . ( 3 ) FM6 operations may only be conducted on 87.75 MHz. ( 4 ) FM6 operations shall be conducted on a non-interference basis to any other licensed user, including but not limited to broadcast television or radio users. ( 5 ) The FM6 LPTV station's FM6 service contour must be contained within and may not exceed the protected contour of the FM6 LPTV station's synchronized video/audio programming stream. These contours shall be determined using established methodologies in § 73.313 of this chapter (FM radio) and § 74.792 (LPTV). ( 6 ) The FM6 LPTV station must provide at least one stream of synchronized video and audio programming, at any time the station is operating. ( 7 ) FM6 LPTV stations may make minor modifications to their technical facilities, as otherwise permitted under part 73 of this chapter or this part, so long as the station's proposed modified “protected contour,” as defined in § 74.792 , does not exceed its protected contour as it was authorized on July 20, 2023, or where the station can demonstrate that such change is being made due to an engineering necessity such as the loss of a tower site or change in equipment due to malfunction and where the station can also demonstrate that the modification will not cause any interference to other licensed users. ( 8 ) FM6 LPTV stations may be assigned or transferred; however, an FM6 LPTV station's FM6 operation is not severable from its digital license and may not be assigned or transferred separate from the FM6 LPTV station. ( 9 ) FM6 LPTV stations must notify the Media Bureau within 30 days of permanently ceasing FM6 operations. Such notification hall be made by written letter and mailed to the FCC Office of the Secretary, Attention: Chief, Video Division, Media Bureau. If an FM6 LPTV station permanently ceases FM6 operations, FM6 operations may not resume. ( 10 ) FM6 LPTV stations must certify in an attachment to their license renewal application that they have continued to provide FM6 service in accordance with the FM6 rules in this section during the prior license term. ( 11 ) FM6 LPTV stations shall continue to be subject to all rules in part 73 of this chapter and this part applicable to low power television stations. In addition, the following rules shall apply to FM6 LPTV stations with respect to their FM6 operations: ( i ) Part 11 of this chapter The Emergency Alert System (EAS). ( ii ) Section 73.293, Use of FM multiplex subcarriers. ( iii ) Section 73.295, FM subsidiary communications services. ( iv ) Section 73.297, FM stereophonic sound broadcasting. ( v ) Section 73.310, FM technical definitions. ( vi ) Section 73.313, Prediction of coverage. ( vii ) Section 73.319, FM multiplex subcarrier technical standards. ( viii ) Section 73.322, FM stereophonic sound transmission standards. ( ix ) Section 73.333, Engineering charts. ( x ) Section 73.1201, Station identification. ( xi ) Section 73.1206, Broadcast of telephone conversations. ( xii ) Section 73.1207, Rebroadcasts. ( xiii ) Section 73.1208, Broadcast of taped, filmed, or recorded material. ( xiv ) Section 73.1209, References to time. ( xv ) Section 73.1211, Broadcast of lottery information. ( xvi ) Section 73.1212, Sponsorship identification; list retention; related requirements. ( xvii ) Section 73.1216, Licensee-conducted contests. ( xviii ) Section 73.1217, Broadcast hoaxes. ( xix ) Section 73.1250, Broadcasting emergency information. ( xx ) Section 73.1300, Unattended station operation. ( xxi ) Section 73.1635, Special temporary authorizations (STA). ( xxii ) Section 73.1740, Minimum operating schedule. ( xxiii ) Section 73.1750, Discontinuance of operation. ( xxiv ) Section 73.1940, Legally qualified candidates for public office. ( xxv ) Section 73.1941, Equal opportunities. ( xxvi ) Section 73.1942, Candidate rates. ( xxvii ) Section 73.1943, Political file. ( xxviii ) Section 73.1944, Reasonable access. ( xxix ) Section 73.2080, Equal employment opportunities (EEO). ( xxx ) Section 73.3526, Online public inspection file of commercial stations. ( xxxi ) Section 73.4005, Advertising—refusal to sell. ( xxxii ) Section 73.4045, Barter agreements. ( xxxiii ) Section 73.4055, Cigarette advertising. ( xxxiv ) Section 73.4060, Citizens agreements. ( xxxv ) Section 73.4075, Commercials, loud. ( xxxvi ) Section 73.4095, Drug lyrics. ( xxxvii ) Section 73.4097, EBS (now EAS) attention signals on automated programing systems. ( xxxviii ) Section 73.4165, Obscene language. ( xxxix ) Section 73.4170, Obscene broadcasts. ( xl ) Section 73.4180, Payment disclosure: Payola, plugola, kickbacks. ( xli ) Section 73.4185, Political broadcasting and telecasting, the law of. ( xlii ) Section 73.4190, Political candidate authorization notice and sponsorship identification. ( xliii ) Section 73.4215, Program matter: Supplier identification. ( xliv ) Section 73.4242, Sponsorship identification rules, applicability of. ( xlv ) Section 73.4250, Subliminal perception. ( xlvi ) Section 73.4255, Tax certificates: Issuance of. ( xlvii ) Section 73.4260, Teaser announcements. ( xlviii ) Section 73.4265, Telephone conversation broadcasts (network and like sources). [ 69 FR 69334 , Nov. 29, 2004, as amended at 87 FR 58205 , Sept. 23, 2022; 88 FR 30670 , May 12, 2023; 88 FR 59468 , Aug. 29, 2023; 88 FR 59469 , Aug. 29, 2023] § 74.791 Call signs. ( a ) Low power stations. Call signs for low power stations will be made up of a prefix consisting of the initial letter K or W followed by the channel number assigned to the station and two additional letters and a suffix consisting of the letters -D. ( b ) Television translator stations. Call signs for digital television translator stations will be made up of a prefix consisting of the initial letter K or W followed by the channel number assigned to the station and two additional letters and a suffix consisting of the letter -D. ( c ) Low power television stations and Class A television stations. Low power television and Class A television stations may be assigned a call sign with a four-letter prefix pursuant to § 73.3550 of this chapter . Low power stations with four-letter prefixes will be assigned the suffix -LD and digital Class A stations with four-letter prefixes will be assigned the suffix -CD. ( d ) Call sign protocol. The use of the initial letter generally will follow the pattern used in the broadcast service, i.e., stations west of the Mississippi River will be assigned an initial letter K and those east, the letter W. The two letter combinations following the channel number will be assigned in order, and requests for the assignment of the particular combinations of letters will not be considered. The channel number designator for Channels 2 through 9 will be incorporated in the call sign as a 2-digit number, i.e., 02, 03, etc., so as to avoid similarities with call signs assigned to amateur radio stations. In the event that the two letter combination following the channel numbers reaches ZZ, the next subsequent call sign shall have three letters, beginning with AAA. [ 87 FR 58206 , Sept. 23, 2022, as amended at 88 FR 30670 , May 12, 2023] § 74.792 Low power TV and TV translator station protected contour. ( a ) A low power TV or TV translator will be protected from interference from other low power TV, TV translator, or Class A TV stations within the following predicted contours: ( 1 ) 43 dBu for stations on Channels 2 through 6; ( 2 ) 48 dBu for stations on Channels 7 through 13; and ( 3 ) 51 dBu for stations on Channels 14 through 36. ( b ) The low power TV or TV translator protected contour is calculated from the authorized effective radiated power and antenna height above average terrain, using the F(50,90) signal propagation method specified in § 73.619(b)(1) of this chapter . [ 69 FR 69335 , Nov. 29, 2004, as amended at 86 FR 66214 , Nov. 22, 2021; 87 FR 58206 , Sept. 23, 2022; 89 FR 7265 , Feb. 1, 2024] § 74.793 Low power TV and TV translator station protection of broadcast stations. ( a ) An application to construct a new low power TV or TV translator station or change the facilities of an existing station will not be accepted if it fails to meet the interference protection requirements in this section. ( b ) Except as provided in this section, interference prediction analysis is based on the interference thresholds (D/U signal strength ratios) and other criteria and methods specified in § 73.620 of this chapter . ( c ) The following D/U signal strength ratio (dB) shall apply to the protection of stations on the first adjacent channel. The D/U ratios correspond to the LPTV or TV translator station's specified out-of-channel emission mask. Table 1 to Paragraph (c) Simple mask Stringent mask Full service mask −7 −12 Lower (−28)/Upper (−26). ( d ) For analysis of predicted interference from digital low power TV and TV translator stations, the relative field strength values of the antenna vertical radiation pattern if provided by the applicant will be used instead of the doubled values in Table 8 in OET Bulletin 69 up to a value of 1.0. ( e ) Protection to the authorized facilities of TV broadcast stations shall be based on not causing predicted interference to the population within the service area defined and described in § 73.619(c) of this chapter , except that a low power TV or TV translator station must not cause a loss of service to 0.5 percent or more of the population predicted to receive service from the authorized TV facilities. ( f ) [Reserved] ( g ) Protection to the authorized facilities of Class A TV stations shall be based on not causing predicted interference to the population within the service area defined and described in § 73.6010 of this chapter , respectively, except that a low power TV or TV translator station must not cause a loss of service to 0.5 percent or more of the population predicted to receive service from the authorized Class A TV facilities. ( h ) Protection to the authorized facilities of low power TV and TV translator stations shall be based on not causing predicted interference to the population within the service area defined and described in § 74.792 , except that a low power TV or TV translator station must not cause a loss of service to 2.0 percent or more of the population predicted to receive service from the authorized low power TV or TV translator station. [ 69 FR 69335 , Nov. 29, 2004, as amended at 76 FR 44828 , July 27, 2011; 87 FR 58206 , Sept. 23, 2022; 89 FR 7265 , Feb. 1, 2024] § 74.794 Emissions. ( a ) ( 1 ) An applicant for a LPTV or TV translator station construction permit shall specify that the station will be constructed to confine out-of-channel emissions within one of the following emission masks: Simple, stringent, or full service. ( 2 ) The power level of emissions on frequencies outside the authorized channel of operation must be attenuated no less than following amounts below the average transmitted power within the authorized 6 MHz channel. In the mask specifications listed in § 74.794(a)(2) and (a)(3) , A is the attenuation in dB and Δf is the frequency difference in MHz from the edge of the channel. ( i ) Simple mask. At the channel edges, emissions must be attenuated no less than 46 dB. More than 6 MHz from the channel edges, emissions must be attenuated no less than 71 dB. At any frequency between 0 and 6 MHz from the channel edges, emissions must be attenuated no less than the value determined by the following formula: A (dB) = 46 + (Δf 2 /1.44) ( ii ) Stringent mask. In the first 500 kHz from the channel edges, emissions must be attenuated no less than 47 dB. More than 3 MHz from the channel edges, emissions must be attenuated no less than 76 dB. At any frequency between 0.5 and 3 MHz from the channel edges, emissions must be attenuated no less than the value determined by the following formula: A(dB) = 47 + 11.5 (Δf-0.5) ( iii ) Full service mask: ( A ) The power level of emissions on frequencies outside the authorized channel of operation must be attenuated no less than the following amounts below the average transmitted power within the authorized channel. In the first 500 kHz from the channel edge the emissions must be attenuated no less than 47 dB. More than 6 MHz from the channel edge, emissions must be attenuated no less than 110 dB. At any frequency between 0.5 and 6 MHz from the channel edge, emissions must be attenuated no less than the value determined by the following formula: Attenuation in dB = −11.5([Delta]f + 3.6); Where: [Delta] f = frequency difference in MHz from the edge of the channel. ( B ) This attenuation is based on a measurement bandwidth of 500 kHz. Other measurement bandwidths may be used as long as appropriate correction factors are applied. Measurements need not be made any closer to the band edge than one half of the resolution bandwidth of the measuring instrument. Emissions include sidebands, spurious emissions and radio frequency harmonics. Attenuation is to be measured at the output terminals of the transmitter (including any filters that may be employed). In the event of interference caused to any service, greater attenuation may be required. ( 3 ) The attenuation values for the simple and stringent emission masks are based on a measurement bandwidth of 500 kHz. Other measurement bandwidths may be used and converted to the reference 500 kHz value by the following formula: A(dB) = A alternate + 10 log (BW alternate / 500) where A(dB) is the measured or calculated attenuation value for the reference 500 kHz bandwidth, and A alternate is the measured or calculated attenuation for a bandwidth BW alternate . Emissions include sidebands, spurious emissions and radio harmonics. Attenuation is to be measured at the output terminals of the transmitter (including any filters that may be employed). In the event of interference caused to any service by out-of-channel emissions, greater attenuation may be required. ( b ) In addition to meeting the emission attenuation requirements of the simple or stringent mask (including attenuation of radio frequency harmonics), low power TV and TV translator stations authorized to operate on TV channels 22-24, (518-536 MHz), 32-36 (578-608 MHz), 38 (614-620 MHz), and 65-69 (776-806 MHz) must provide specific “out of band” protection to Radio Navigation Satellite Services in the bands: L5 (1164-1215 MHz); L2 (1215-1240 MHz) and L1 (1559-1610 MHz). ( 1 ) An FCC-certificated transmitter specifically certified for use on one or more of the above channels must include filtering with an attenuation of not less than 85 dB in the GPS bands, which will have the effect of reducing harmonics in the GPS bands from what is produced by the transmitter, and this attenuation must be demonstrated as part of the certification application to the Commission. ( 2 ) For an installation on one of the above channels with a transmitter not specifically FCC-certificated for the channel, a low pass filter or equivalent device rated by its manufacturer to have an attenuation of at least 85 dB in the GPS bands, which will have the effect of reducing harmonics in the GPS bands from what is produced by the transmitter, and must be installed in a manner that will prevent the harmonic emission content from reaching the antenna. A description of the low pass filter or equivalent device with the manufacturer's rating or a report of measurements by a qualified individual shall be retained with the station license. Field measurements of the second or third harmonic output of a transmitter so equipped are not required. [ 69 FR 69336 , Nov. 29, 2004, as amended at 76 FR 44828 , July 27, 2011; 87 FR 58206 , Sept. 23, 2022; 89 FR 7265 , Feb. 1, 2024] § 74.795 Low power TV and TV translator transmission system facilities. ( a ) A low power TV or TV translator station shall operate with a transmitter that is either certificated for licensing based on the following provisions or has been modified for digital operation pursuant to § 74.796 . ( b ) The following requirements must be met before low power TV and TV translator transmitter will be certificated by the FCC: ( 1 ) The transmitter shall be designed to produce digital television signals that can be satisfactorily viewed on consumer receiving equipment based on the digital broadcast television transmission standard in § 73.682(d) of this chapter ; ( 2 ) Emissions on frequencies outside the authorized channel, measured at the output terminals of the transmitter (including any filters that may be employed), shall meet the requirements of § 74.794 , as applicable; ( 3 ) The transmitter shall be equipped to display the digital power output ( i.e. , average power over a 6 MHz channel) and shall be designed to prevent the power output from exceeding the maximum rated power output under any condition; ( 4 ) When subjected to variations in ambient temperature between 0 and 40 degrees Centigrade and variations in power main voltage between 85% and 115% of the rated power supply voltage, the frequency stability of the local oscillator in the RF channel upconverter shall be maintained within 10 kHz of the nominal value; ( 5 ) The transmitter shall be equipped with suitable meters and jacks so that appropriate voltage and current measurements may be made while the transmitter is in operation; and ( 6 ) The apparatus must be equipped with automatic controls that will place it in a non-radiating condition when no signal is being received on the input channel, either due to absence of a transmitted signal or failure of the receiving portion of the facilities used for rebroadcasting the signal of another station. The automatic control may include a time delay feature to prevent interruptions caused by fading or other momentary failures of the incoming signal; and ( 7 ) Wiring, shielding, and construction shall be in accordance with accepted principles of good engineering practice. ( c ) The following additional requirements apply to digital heterodyne translators: ( 1 ) The maximum rated power output (digital average power over a 6 MHz channel) shall not exceed 30 watts for transmitters operating on channels 14-51 and 3 watts for transmitters operating on channels 2-13; and ( 2 ) The transmitter shall contain circuits which will maintain the digital average power output constant within 1 dB when the strength of the input signal is varied over a range of 30 dB. ( d ) Certification will be granted only upon a satisfactory showing that the transmitter is capable of meeting the requirements of paragraph (b) of this section, pursuant to the procedures described in § 74.750(e) . [ 69 FR 69336 , Nov. 29, 2004, as amended at 86 FR 66214 , Nov. 22, 2021; 87 FR 58206 , Sept. 23, 2022; 88 FR 30671 , May 12, 2023] § 74.796 Modification of transmission systems. ( a ) The provisions of § 74.751 shall apply to the modification of low power TV and TV translator transmission systems. ( b ) The following additional provisions shall apply to the modification of existing analog transmissions systems for digital operation, including installation of manufacturers' certificated equipment (“field modification kits”) and custom modifications. ( 1 ) The modifications and related performance-testing shall be undertaken by a person or persons qualified to perform such work. ( 2 ) The final amplifier stage of an analog transmitter modified for digital operation shall not have an “average digital power” output greater than 25 percent of its previous NTSC peak sync power output, unless the amplifier has been specifically refitted or replaced to operate at a higher power. ( 3 ) Analog heterodyne translators, when modified for digital operation, will produce a power output (digital average power over the 6 MHz channel) not exceeding 30 watts for transmitters operating on channels 14-69 and 3 watts for transmitters operating on channels 2-13. ( 4 ) After completion of the modification, suitable tests and measurements shall be made to demonstrate compliance with the applicable requirements in this section including those in § 74.795 . Upon installation of a field modification kit, the transmitter shall be performance-tested in accordance with the manufacturer's instructions. ( 5 ) The station licensee shall notify the Commission upon completion of the transmitter modifications. In the case of custom modifications (those not related to installation of manufacturer-supplied and FCC-certificated equipment), the licensee shall certify compliance with all applicable transmission system requirements. ( 6 ) The licensee shall maintain with the station's records for a period of not less than two years the following information and make this information to the Commission upon request: ( i ) A description of the modifications performed and performance tests or, in the case of installation of a manufacturer-supplied modification kit, a description of the nature of the modifications, installation and test instructions and other material provided by the manufacturer; ( ii ) Results of performance-tests and measurements on the modified transmitter; and ( iii ) Copies of related correspondence with the Commission. ( c ) In connection with the on-channel conversion of existing analog transmitters for digital operation, a limited allowance is made for transmitters with final amplifiers that do not meet the attenuation of the Simple emission mask at the channel edges. Station licensees may obtain equivalent compliance with this attenuation requirement in the following manner: ( 1 ) Measure the level of attenuation of emissions below the average digital power output at the channel edges in a 500 kHz bandwidth; measurements made over a different measurement bandwidth should be corrected to the equivalent attenuation level for a 500 kHz bandwidth using the formula given in § 74.794 ; ( 2 ) Calculate the difference in dB between the 46 dB channel-edge attenuation requirement of the Simple mask; ( 3 ) Subtract the value determined in the previous step from the authorized effective radiated power (“ERP”) of the analog station being converted to digital operation. Then subtract an additional 6 dB to account for the approximate difference between analog peak and digital average power. For this purpose, the ERP must be expressed in decibels above one kilowatt: ERP(dBk) = 10 log ERP(kW); ( 4 ) Convert the ERP calculated in the previous step to units of kilowatts; and ( 5 ) The ERP value determined through the above procedure will produce equivalent compliance with the attenuation requirement of the simple emission mask at the channel edges and should be specified as the digital ERP in the minor change application for an on-channel digital conversion. The transmitter may not be operated to produce a higher digital ERP than this value. [ 69 FR 69336 , Nov. 29, 2004, as amended at 87 FR 58206 , Sept. 23, 2022] § 74.797 Biennial Ownership Reports. The Ownership Report for Commercial Broadcast Stations (FCC Form 2100, Schedule 323) must be electronically filed by December 1 in all odd-numbered years by each licensee of a low power television station or other Respondent (as defined in § 73.3615(a) of this chapter ). A licensee or other Respondent with a current and unamended biennial ownership report ( i.e., a report that was filed pursuant to this section) on file with the Commission that is still accurate and which was filed using the version of the report that is current on October 1 of the year in which its biennial ownership report is due may electronically validate and resubmit its previously filed biennial ownership report. The information provided on each ownership report shall be current as of October 1 of the year in which the ownership report is filed. For information on filing requirements, filers should refer to § 73.3615(a) of this chapter . [ 82 FR 55772 , Nov. 24, 2017, as amended at 87 FR 58206 , Sept. 23, 2022] § 74.798 [Reserved] § 74.799 Low power television and TV translator channel sharing. ( a ) Channel sharing generally. ( 1 ) Subject to the provisions of this section, low power television and TV translator stations may voluntarily seek Commission approval to share a single six megahertz channel with other low power television and TV translator stations, Class A television stations, and full power television stations. ( 2 ) Each station sharing a single channel pursuant to this section shall continue to be licensed and operated separately, have its own call sign and be separately subject to all of the Commission's obligations, rules, and policies. ( b ) Licensing of channel sharing stations. The low power television or TV translator channel sharing station relinquishing its channel must file an application for the initial channel sharing construction permit, include a copy of the channel sharing agreement as an exhibit, and cross reference the other sharing station(s). Any engineering changes necessitated by the channel sharing arrangement may be included in the station's application. Upon initiation of shared operations, the station relinquishing its channel must notify the Commission that it has terminated operation pursuant to § 73.1750 of this part and each sharing station must file an application for license. ( c ) Deadline for implementing channel sharing arrangements. Channel sharing arrangements submitted pursuant to this section must be implemented within three years of the grant of the initial channel sharing construction permit. ( d ) Channel sharing agreements. ( 1 ) Channel sharing agreements (CSAs) submitted under this section must contain provisions outlining each licensee's rights and responsibilities regarding: ( i ) Access to facilities, including whether each licensee will have unrestrained access to the shared transmission facilities; ( ii ) Allocation of bandwidth within the shared channel; ( iii ) Operation, maintenance, repair, and modification of facilities, including a list of all relevant equipment, a description of each party's financial obligations, and any relevant notice provisions; ( iv ) Transfer/assignment of a shared license, including the ability of a new licensee to assume the existing CSA; and ( v ) Termination of the license of a party to the CSA, including reversion of spectrum usage rights to the remaining parties to the CSA. ( 2 ) CSAs must include provisions: ( i ) Affirming compliance with the channel sharing requirements in paragraph (d)(1) of this section and all relevant Commission rules and policies; and ( ii ) Requiring that each channel sharing licensee shall retain spectrum usage rights adequate to ensure a sufficient amount of the shared channel capacity to allow it to provide at least one Standard Definition program stream at all times. ( e ) Upon termination of the license of a party to a CSA, the spectrum usage rights covered by that license may revert to the remaining parties to the CSA. Such reversion shall be governed by the terms of the CSA in accordance with paragraph (d)(1)(v) of this section. If upon termination of the license of a party to a CSA only one party to the CSA remains, the remaining licensee may file an application to change its license to non-shared status using FCC Form 2100, Schedule D. ( f ) If the rights under a CSA are transferred or assigned, the assignee or the transferee must comply with the terms of the CSA in accordance with paragraph (d)(1)(iv) of this section. If the transferee or assignee and the licensees of the remaining channel sharing station or stations agree to amend the terms of the existing CSA, the agreement may be amended, subject to Commission approval. ( g ) Channel sharing between low power television or TV translator stations and Class A television stations or full power television stations. ( 1 ) A low power television or TV translator sharee station (defined as a station relinquishing a channel in order to share) that is a party to a CSA with a full power television sharer station (defined as the station hosting a sharee pursuant to a CSA) must comply with the rules of part 73 of this chapter governing power levels and interference, and must comply in all other respects with the rules and policies applicable to low power television or TV translator stations set forth in this part. ( 2 ) A low power television or TV translator sharee station that is a party to a CSA with a Class A television sharer station must comply with the rules governing power levels and interference that are applicable to Class A television stations, and must comply in all other respects with the rules and policies applicable to low power television or TV translator stations set forth in this part. ( h ) Notice to cable systems. ( 1 ) Stations participating in channel sharing agreements must provide notice to cable systems that: ( i ) No longer will be required to carry the station because of the relocation of the station; ( ii ) Currently carry and will continue to be obligated to carry a station that will change channels; or ( iii ) Will become obligated to carry the station due to a channel sharing relocation. ( 2 ) The notice required by this section must contain the following information: ( i ) Date and time of any channel changes; ( ii ) The channel occupied by the station before and after implementation of the CSA; ( iii ) Modification, if any, to antenna position, location, or power levels; ( iv ) Stream identification information; and ( v ) Engineering staff contact information. ( 3 ) Should any of the information in paragraph (h)(2) of this section change, an amended notification must be sent. ( 4 ) Sharee stations must provide notice as required by this section at least 90 days prior to terminating operations on the sharee's channel. Sharer stations and sharee stations must provide notice as required by this section at least 90 days prior to initiation of operations on the sharer channel. Should the anticipated date to either cease operations or commence channel sharing operations change, the stations must send a further notice to affected cable systems informing them of the new anticipated date(s). ( 5 ) Notifications provided to cable systems pursuant to this section must be either mailed to the system's official address of record provided in the cable system's most recent filing in the FCC's Cable Operations and Licensing System (COALS) Form 322, or emailed to the system if the system has provided an email address. [ 81 FR 5053 , Feb. 1, 2016. Redesignated and amended at 82 FR 18251 , Apr. 18, 2017] Subpart H—Low Power Auxiliary Stations § 74.801 Definitions. 600 MHz duplex gap. An 11 megahertz guard band at 652-663 MHz that separates part 27 600 MHz service uplink and downlink frequencies. 600 MHz guard band. Designated frequency band at 614-617 MHz that prevents interference between licensed services in the 600 MHz service band and channel 37. 600 MHz service band. Frequencies in the 617-652 MHz and 663-698 MHz bands that are reallocated and reassigned for 600 MHz band services under part 27. Cable television system operator. A cable television operator is defined in § 76.5(cc) of the rules. Large venue owner or operator. Large venue owner or operator refers to a person or organization that owns or operates a venue that routinely uses 50 or more low power auxiliary station devices, where the use of such devices is an integral part of major events or productions. Routinely using 50 or more low power auxiliary station devices means that the venue owner or operator uses 50 or more such devices for most events or productions. Low power auxiliary station. An auxiliary station authorized and operated pursuant to the provisions set forth in this subpart. Devices authorized as low power auxiliary stations are intended to transmit over distances of approximately 100 meters for uses such as wireless microphones, cue and control communications, and synchronization of TV camera signals. Motion picture producer. Motion picture producer refers to a person or organization engaged in the production or filming of motion pictures. Professional sound company. Professional sound company refers to a person or organization that provides audio services that routinely use 50 or more low power auxiliary station devices, where the use of such devices is an integral part of major events or productions. Routinely using 50 or more low power auxiliary station devices means that the professional sound company uses 50 or more such devices for most events or productions. Spectrum Act. Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 ). Television program producer. Television program producer refers to a person or organization engaged in the production of television programs. Wireless assist video device. An auxiliary station authorized and operated by motion picture and television program producers pursuant to the provisions of this subpart. These stations are intended to transmit over distances of approximately 300 meters for use as an aid in composing camera shots on motion picture and television sets. (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155 ) [ 42 FR 14729 , Mar. 16, 1977, as amended at 43 FR 14662 , Apr. 7, 1978; 51 FR 4603 , Feb. 6, 1986; 51 FR 9966 , Mar. 24, 1986; 54 FR 41842 , Oct. 12, 1989; 68 FR 12772 , Mar. 17, 2003; 79 FR 40689 , July 14, 2014; 80 FR 71728 , Nov. 17, 2015; 82 FR 41559 , Sept. 1, 2017] § 74.802 Frequency assignment. ( a ) ( 1 ) Frequencies within the following bands may be assigned for use by low power auxiliary stations: 26.100-26.480 MHz 54.000-72.000 MHz 76.000-88.000 MHz 161.625-161.775 MHz (except in Puerto Rico or the Virgin Islands) 174.000-216.000 MHz 450.000-451.000 MHz 455.000-456.000 MHz 470.000-488.000 MHz 488.000-494.000 MHz (except Hawaii) 494.000-608.000 MHz 614.000-698.000 MHz 941.500-944.000 MHz 944.000-952.000 MHz 952.850-956.250 MHz 956.45-959.85 MHz 1435-1525 MHz 6875.000-6900.000 MHz 7100.000-7125.000 MHz Note to paragraph ( a )(1): Frequency assignments in the 614.000-698.000 MHz band are subject to conditions established in proceedings pursuant to GN Docket No. 12-268. This band is being transitioned to the 600 MHz service band, the 600 MHz guard band, and the 600 MHz duplex gap during the post-incentive auction transition period (as defined in § 27.4 of this chapter ), which began on April 13, 2017. Low power auxiliary stations must comply with the applicable conditions with respect to any assignment to operate on frequencies repurposed for the 600 MHz service band, the 600 MHz guard band, and the 600 MHz duplex gap, respectively. This rule will be further updated, pursuant to public notice or subsequent Commission action, to reflect additional changes that implement the determinations made in these proceedings. ( 2 ) The 653.000-657.000 MHz segment of the 600 MHz duplex gap may be assigned for use by low power auxiliary service. Note to paragraph ( a )(2): The specific frequencies for the 600 MHz duplex gap will be determined in light of further proceedings pursuant to GN Docket No. 12-268 and the rule will be updated accordingly pursuant to a future public notice. ( b ) ( 1 ) Operations in the bands allocated for TV broadcasting are limited to locations at least 4 kilometers outside the protected contours of co-channel TV stations shown in the following table. These contours are calculated using the methodology in § 73.684 of this chapter and the R-6602 curves contained in § 73.699 of this chapter . Type of station Protected contour Channel Contour (dBu) Propagation curve Analog: Class A TV, LPTV, translator and booster Low VHF (2-6) 47 F(50,50) High VHF (7-13) 56 F(50,50) UHF (14-51) 64 F(50,50) Digital: Full service TV, Class A TV, LPTV, translator and booster Low VHF (2-6) 28 F(50,90) High VHF (7-13) 36 F(50,90) UHF (14-51) 41 F(50,90) ( 2 ) Low power auxiliary stations may operate closer to co-channel TV broadcast stations than the distances specified in paragraph (b)(1) of this section provided that such operations either— ( i ) Are coordinated with TV broadcast stations that could be affected by the low power auxiliary station operation, and coordination is completed prior to operation of the low power auxiliary station; or ( ii ) Are limited to an indoor location that is not being used for over-the-air television viewing, and the following conditions are met with respect to the TV channel used: The TV signal falls below a threshold of −84 dBm over the entire channel; the signal is scanned across the full 6 megahertz channel where the wireless microphones would be operated; and to the extent that directional antennas are used, they are rotated to the place of maximum signal. ( c ) Specific frequency operation is required when operating within the 600 MHz duplex gap or the bands allocated for TV broadcasting. ( 1 ) The frequency selection shall be offset from the upper or lower band limits by 25 kHz or an integral multiple thereof. ( 2 ) One or more adjacent 25 kHz segments within the assignable frequencies may be combined to form a channel whose maximum bandwidth shall not exceed 200 kHz. ( d ) Low power auxiliary licensees will not be granted exclusive frequency assignments. ( e ) Clearing mechanisms for the 700 MHz Band. This section sets forth provisions relating to the transition of low power auxiliary stations operating at 698-806 MHz (700 MHz band). ( 1 ) Any low power auxiliary station that operates at frequencies in the 700 MHz band while transitioning its operations out of that band must not cause harmful interference and must accept interference from any commercial or public safety wireless licensees in the 700 MHz band. ( 2 ) Any low power auxiliary station that operates at frequencies in the 700 MHz band will have until no later than June 12, 2010 to transition its operations completely out of the 700 MHz band, subject to the following. During this transition period, any commercial or public safety licensee in the 700 MHz band may choose one or both of the following voluntary methods to notify low power auxiliary stations: ( i ) Any commercial or public safety licensee in the 700 MHz band may notify the Commission that it has initiated or will be initiating operations on specified frequencies in a particular market(s) in the 700 MHz band. The wireless operations initiated by the commercial or public safety 700 MHz licensees may include system testing or trials. Following receipt of the notification, the Commission will issue a public notice providing that operators of low power auxiliary stations, including wireless microphones, in the 700 MHz band in those market(s) will be required to cease operations within 60 days after the Commission's notice is released. ( ii ) Any commercial or public safety licensee in the 700 MHz band may notify any low power auxiliary station users operating in the 700 MHz band that it has initiated or will be initiating operations on specified frequencies in the market in which the low power auxiliary station is operating. The wireless operations initiated by the commercial or public safety 700 MHz licensees may include system testing or trials. Upon receipt of such notice, the low power auxiliary station in the affected market area must cease operation within 60 days. ( iii ) In the event that both of these notice provisions in paragraphs (e)(2)(i) and (ii) of this section are used with respect to a particular low power auxiliary station, the low power auxiliary station will have to cease operations in the market(s) in accordance with whichever notice provides for earlier termination of its operations. ( 3 ) Notwithstanding this 60 day notice requirement, any low power auxiliary station that causes harmful interference to any commercial or public safety 700 MHz licensee must cease operations immediately, consistent with the rules for secondary use. ( f ) Operations in 600 MHz band assigned to wireless licensees under part 27 of this chapter . A low power auxiliary station that operates on frequencies in the 600 MHz band assigned to wireless licensees under part 27 of this chapter must cease operations on those frequencies no later than the end of the post-auction transition period, as defined in § 27.4 of this chapter . During the post-auction transition period, low power auxiliary stations will operate on a secondary basis to licensees of part 27 of this chapter , i.e., they must not cause to and must accept harmful interference from these licensees, and must comply with the distance separations in § 15.236(e)(2) of this chapter from the areas specified in § 15.713(j)(10) of this chapter in which a licensee has commenced operations, as defined in § 27.4 of this chapter . [ 52 FR 2535 , Jan. 23, 1987, as amended at 68 FR 12772 , Mar. 17, 2003; 75 FR 3638 , Jan. 22, 2010; 79 FR 48545 , Aug. 15, 2014; 80 FR 71728 , Nov. 17, 2015; 80 FR 73085 , Nov. 23, 2015; 81 FR 4975 , Jan. 29, 2016; 82 FR 41560 , Sept. 1, 2017] § 74.803 Frequency selection to avoid interference. ( a ) Where two or more low power auxiliary licensees need to operate in the same area, the licensees shall endeavor to select frequencies or schedule operation in such manner as to avoid mutual interference. If a mutually satisfactory arrangement cannot be reached, the Commission shall be notified and it will specify the frequency or frequencies to be employed by each licensee. ( b ) The selection of frequencies in the bands allocated for TV broadcasting for use in any area shall be guided by the need to avoid interference to TV broadcast reception. In these bands, low power auxiliary station usage is secondary to TV broadcasting and land mobile stations operating in the UHF-TV spectrum and must not cause harmful interference. If such interference occurs, low power auxiliary station operation must immediately cease and may not be resumed until the interference problem has been resolved. ( c ) In the 941.5-944 MHz, 944-952 MHz, 952.850-956.250 MHz, 956.45-959.85 MHz, 6875.000-6900.000 MHz, and 7100.000-7125.000 MHz bands low power auxiliary station usage is secondary to other uses (e.g. Aural Broadcast Auxiliary, Television Broadcast Auxiliary, Cable Relay Service, Fixed Point to Point Microwave) and must not cause harmful interference. In the 941.5-944 MHz band, low power auxiliary station usage also is secondary to Federal operations in the band. In each of these bands, applicants are responsible for selecting the frequency assignments that are least likely to result in mutual interference with other licensees in the same area. Applicants must consult local frequency coordination committees, where they exist, for information on frequencies available in the area. In selecting frequencies, consideration should be given to the relative location of receive points, normal transmission paths, and the nature of the contemplated operation. ( d ) In the 1435-1525 MHz band, low power auxiliary station (LPAS) authorizations are limited to operations at fixed locations, and only to the extent that applicable requirements have been met for the proposed operations at those specified locations. ( 1 ) Each authorization is limited to specific events or situations for which there is a need to deploy large numbers of LPAS for specified time periods, and use of other available spectrum resources at that particular location is insufficient to meet the LPAS licensee's needs. ( 2 ) The access to spectrum in the band must be coordinated with the frequency coordinator for aeronautical mobile telemetry, the Aerospace and Flight Test Radio Coordinating Committee (AFTRCC) prior to operations at the specified location and period of time, with AFTRCC indicating whether any specific frequencies in the band are unavailable for use. LPAS devices must complete authentication and location verification before operations begin, employ software-based controls or similar functionality to prevent devices in the band from operating except in the specific channels, locations, and time periods that have been coordinated, and be capable of being tuned to any frequency in the band. ( 3 ) LPAS users may have access to no more than 30 megahertz of spectrum (one third of the 1435-1525 MHz band) for their operations at the specified locations. Different users in the same general area each can access up to 30 megahertz of spectrum for their respective operations. All licensees that have successfully coordinated with AFTRCC for access to the 1435-1525 MHz band for operations at their specified locations in the same general area must, to the extent necessary, coordinate their particular access to and use of spectrum with other licensees to minimize the potential for interference between and among the different operations. [ 42 FR 14729 , Mar. 16, 1977, as amended at 52 FR 2535 , Jan. 23, 1987; 80 FR 71728 , Nov. 17, 2015; 82 FR 41560 , Sept. 1, 2017] § 74.831 Scope of service and permissible transmissions. The license for a low power auxiliary station authorizes the transmission of cues and orders to production personnel and participants in broadcast programs, motion pictures, and major events or productions and in the preparation therefor, the transmission of program material by means of a wireless microphone worn by a performer and other participants in a program, motion picture, or major event or production during rehearsal and during the actual broadcast, filming, recording, or event or production, or the transmission of comments, interviews, and reports from the scene of a remote broadcast. Low power auxiliary stations operating in the 941.5-944 MHz, 944-952 MHz, 952.850-956.250 MHz, 956.45-959.85 MHz, 6875-6900 MHz, and 7100-7125 MHz bands may, in addition, transmit synchronizing signals and various control signals to portable or hand-carried TV cameras which employ low power radio signals in lieu of cable to deliver picture signals to the control point at the scene of a remote broadcast. [ 82 FR 41560 , Sept. 1, 2017] § 74.832 Licensing requirements and procedures. ( a ) A license authorizing operation of one or more low power auxiliary stations will be issued only to the following: ( 1 ) A licensee of an AM, FM, TV, or International broadcast station or low power TV station. Low power auxiliary stations will be licensed for used with a specific broadcast or low power TV station or combination of stations licensed to the same licensee within the same community. ( 2 ) A broadcast network entity. ( 3 ) A cable television system operator who operates a cable system that produces program material for origination or access cablecasting, as defined in § 76.5(r) . ( 4 ) Motion picture producers as defined in § 74.801 . ( 5 ) Television program producers as defined in § 74.801 . ( 6 ) Licensees and conditional licensees of stations in the Broadband Radio Service as defined in section 27.1200 of this chapter , or entities that hold an executed lease agreement with a Broadband Radio Service or Educational Broadband Service licensee. ( 7 ) Large venue owners or operators as defined in § 74.801 . ( 8 ) Professional sound companies as defined in § 74.801 . ( b ) An application for a new or renewal of low power auxiliary license shall specify the frequency band or bands desired. Only those frequency bands necessary for satisfactory operation shall be requested. ( c ) Licensees of AM, FM, TV, and International broadcast stations; low power TV stations; and broadcast network entities may be authorized to operate low power auxiliary stations in the frequency bands set forth in § 74.802(a) . ( d ) Cable television operations, motion picture and television program producers, large venue owners or operators, and professional sound companies may be authorized to operate low power auxiliary stations in the bands allocated for TV broadcasting, the 653-657 MHz band, the 941.5-944 MHz band, the 944-952 MHz band, the 952.850-956.250 MHz band, the 956.45-959.85 MHz band, the 1435-1525 MHz band, the 6875-6900 MHz band, and the 7100-7125 MHz band. In the 6875-6900 MHz and 7100-7125 MHz bands, entities eligible to hold licenses for cable television relay service stations (see § 78.13 of this chapter ) shall also be eligible to hold licenses for low power auxiliary stations. ( e ) An application for low power auxiliary stations or for a change in an existing authorization shall specify the broadcast station, or the network with which the low power broadcast auxiliary facilities are to be principally used as given in paragraph (h) of this section; or it shall specify the motion picture or television production company, the cable television operator, the professional sound company, or, if applicable, the venue with which the low power broadcast auxiliary facilities are to be solely used. A single application, filed on FCC Form 601 may be used in applying for the authority to operate one or more low power auxiliary units. The application must specify the frequency bands which will be used. Motion picture producers, television program producers, cable television operators, large venue owners or operators, and professional sound companies are required to attach a single sheet to their application form explaining in detail the manner in which the eligibility requirements given in paragraph (a) of this section are met. In addition, large venue owners or operators and professional sound companies shall include on the attachment the following certification and shall sign and date the certification: “The applicant hereby certifies that it routinely uses 50 or more low power auxiliary station devices, where the use of such devices is an integral part of major events or productions.” ( f ) Applications for the use of the bands allocated for TV broadcasting must specify the usual area of operation within which the low power auxiliary station will be used. This area of operation may, for example, be specified as the metropolitan area in which the broadcast licensee serves, the usual area within which motion picture and television producers are operating, or the location of the venue. Licenses issued to large venue owners or operators are specific to a single venue and authorize operation only at that venue. Because low power auxiliary stations operating in these bands will only be permitted in areas removed from existing co-channel TV broadcast stations, licensees have full responsibility to ensure that operation of their stations does not occur at distances less than those specified in § 74.802(b) . ( g ) Low power auxiliary licensees shall specify the maximum number of units that will be operated. ( h ) For broadcast licensees, low power auxiliary stations will be licensed for use with a specific broadcast station or combination of broadcast stations licensed to the same licensee and to the same community. Licensing of low power auxiliary stations for use with a specific broadcast station or combination of such stations does not preclude their use with other broadcast stations of the same or a different licensee at any location. Operation of low power auxiliary stations outside the area of operation specified in the authorization, or in other bands is permitted without further authority of the Commission. However, operation of low power auxiliary stations shall, at all times, be in accordance with the requirements of § 74.882 of this subpart . Also, a low power auxiliary station that is being used with a broadcast station or network other than one with which it is licensed, must, in addition to meeting the requirements of § 74.861 of this subpart , not cause harmful interference to another low power auxiliary station which is being used with the broadcast station(s) or network with which it is licensed. ( i ) In case of permanent discontinuance of operations of a station licensed under this subpart, the licensee shall cancel the station license using FCC Form 601. For purposes of this section, a station which is not operated for a period of one year is considered to have been permanently discontinued. ( j ) The license shall be retained in the licensee's files at the address shown on the authorization. [ 42 FR 14729 , Mar. 16, 1977, as amended at 47 FR 9221 , Mar. 4, 1982; 47 FR 21503 , May 18, 1982; 47 FR 55938 , Dec. 14, 1982; 51 FR 4603 , Feb. 6, 1986; 51 FR 9966 , Mar. 24, 1986; 52 FR 2535 , Jan. 23, 1987; 55 FR 46012 , Oct. 31, 1990; 58 FR 19776 , Apr. 16, 1993; 68 FR 12772 , Mar. 17, 2003; 69 FR 72045 , Dec. 10, 2004; 79 FR 40689 , July 14, 2014; 80 FR 71729 , Nov. 17, 2015; 82 FR 41560 , Sept. 1, 2017; 84 FR 2759 , Feb. 8, 2019] § 74.833 Temporary authorizations. ( a ) Special temporary authority may be granted for low power auxiliary station operation which cannot be conducted in accordance with § 74.24 . Such authority will normally be granted only for operations of a temporary nature. Where operation is seen as likely on a continuing annual basis, an application for a regular authorization should be submitted. ( b ) A request for special temporary authority for the operation of a remote pickup broadcast station must be made in accordance with the procedures of § 1.931(b) of this chapter . ( c ) All requests for special temporary authority of a low power auxiliary station must include full particulars including: licensees name and address, statement of eligibility, facility identification number of the associated broadcast station (if any), type and manufacturer of equipment, power output, emission, frequency or frequencies proposed to be used, commencement and termination date, location of proposed operation, and purpose for which request is made including any particular justification. ( d ) A request for special temporary authority shall specify a frequency band consistent with the provisions of § 74.802 : Provided, That, in the case of events of wide-spread interest and importance which cannot be transmitted successfully on these frequencies, frequencies assigned to other services may be requested upon a showing that operation thereon will not cause interference to established stations: And provided further, In no case will operation of a low power auxiliary broadcast station be authorized on frequencies employed for the safety of life and property. ( e ) The user shall have full control over the transmitting equipment during the period it is operated. ( f ) Special temporary authority to permit operation of low power auxiliary stations pending Commission action on an application for regular authority will not normally be granted. [ 42 FR 14729 , Mar. 16, 1977, as amended at 47 FR 9221 , Mar. 4, 1982; 47 FR 55939 , Dec. 14, 1982; 58 FR 19776 , Apr. 16, 1993; 68 FR 12772 , Mar. 17, 2003] § 74.851 Certification of equipment; prohibition on manufacture, import, sale, lease, offer for sale or lease, or shipment of devices that operate in the 700 MHz Band or the 600 MHz Band; labeling for 700 MHz or 600 MHz band equipment destined for non-U.S. markets; disclosures. ( a ) Applications for new low power auxiliary stations will not be accepted unless the transmitting equipment specified therein has been certificated for use pursuant to provisions of this subpart. ( b ) Any manufacturer of a transmitter to be used in this service may apply for certification for such transmitter following the certification procedure set forth in part 2 of the Commission's Rules and Regulations. Attention is also directed to part 1 of the Commission's Rules and Regulations which specifies the fees required when filing an application for certification. ( c ) An applicant for a low power auxiliary station may also apply for certification for an individual transmitter by following the certification procedure set forth in part 2 of the Commission's Rules and Regulations. The application for certification must be accompanied by the proper fees as prescribed in part 1 of the Commission's Rules and Regulations. ( d ) Low power auxiliary station equipment authorized to be used pursuant to an application accepted for filing prior to December 1, 1977 may continue to be used by the licensee or its successors or assignees: Provided, however, If operation of such equipment causes harmful interference due to its failure to comply with the technical standards set forth in this subpart, the Commission may, at its discretion, require the licensee to take such corrective action as is necessary to eliminate the interference. ( e ) Each instrument of authority which permits operation of a low power auxiliary station using equipment which has not been certificated will specify the particular transmitting equipment which the licensee is authorized to use. ( f ) All transmitters marketed for use under this subpart shall be certificated by the Federal Communications Commission for this purpose. (Refer to subpart I of part 2 of the Commission's rules and regulations.) ( g ) No person shall manufacture, import, sell, lease, offer for sale or lease, or ship low power auxiliary stations that are capable of operating in the 700 MHz band (698-806 MHz). This prohibition does not apply to devices manufactured solely for export. ( h ) Any person who manufactures, sells, leases, or offers for sale or lease low power auxiliary stations, including wireless microphones, that are destined for non-U.S. markets and that are capable of operating in the 700 MHz band shall include labeling and make clear in all sales, marketing, and packaging materials, including online materials, relating to such devices that the devices cannot be operated in the U.S. ( i ) As of January 13, 2018, applications for certification shall no longer be accepted for low power auxiliary stations or wireless video assist devices that are capable of operating in the 600 MHz service band or the 600 MHz guard band, or for low power auxiliary stations that are capable of operating in the 600 MHz duplex gap unless the operations are limited to the 653-657 MHz segment. ( j ) As of October 13, 2018, no person shall manufacture, import, sell, lease, offer for sale or lease, or ship low power auxiliary stations or wireless video assist devices that are capable of operating in the 600 MHz service band or the 600 MHz guard bands, or low power auxiliary stations that are capable of operating in the 600 MHz duplex gap unless the operations are limited to the 653-657 MHz segment. This prohibition does not apply to devices manufactured solely for export. ( k ) As of October 13, 2018, any person who manufacturers, sells, leases, or offer for sale or lease low power auxiliary stations or wireless video assist devices that are destined for non-U.S. markets and that are capable of operating in the 600 MHz service band or the 600 MHz guard bands, or low power auxiliary stations that are capable of operating in the 600 MHz duplex gap unless such operations are limited to the 653-657 MHz segment, shall include labeling and make clear in all sales, marketing, and packaging materials, including online materials, relating to such devices that the devices cannot be operated in the United States. ( l ) Disclosure requirements for low power auxiliary stations and wireless video assist devices capable of operating in the 600 MHz service band. Any person who manufactures, sells, leases, or offers for sale or lease low power auxiliary stations or wireless video devices that are capable of operating in the 600 MHz service band on or after July 13, 2017, is subject to the following disclosure requirements: ( 1 ) Such persons must display the consumer disclosure text, as specified by the Consumer and Governmental Affairs Bureau, at the point of sale or lease of each such low power auxiliary station or wireless video assist device. The text must be displayed in a clear, conspicuous, and readily legible manner. One way to fulfill the requirement in this section is to display the consumer disclosure text in a prominent manner on the product box by using a label (either printed onto the box or otherwise affixed to the box), a sticker, or other means. Another way to fulfill this requirement is to display the text immediately adjacent to each low power auxiliary station or wireless video assist device offered for sale or lease and clearly associated with the model to which it pertains. ( 2 ) If such persons offer such low power auxiliary stations or wireless video assist device via direct mail, catalog, or electronic means, they shall prominently display the consumer disclosure text in close proximity to the images and descriptions of each such low power auxiliary station or wireless video assist device. The text should be in a size large enough to be clear, conspicuous, and readily legible, consistent with the dimensions of the advertisement or description. ( 3 ) If such persons have Web sites pertaining to these low power auxiliary stations or wireless video assist devices, the consumer disclosure text must be displayed there in a clear, conspicuous, and readily legible manner (even in the event such persons do not sell low power auxiliary stations or wireless video assist devices directly to the public). ( 4 ) The consumer disclosure text described in paragraph (l)(1) of this section is set forth as Figure 1 to this paragraph. (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155 ) [ 42 FR 14729 , Mar. 16, 1977, as amended at 42 FR 43637 , Aug. 22, 1977; 43 FR 13576 , Mar. 31, 1978; 63 FR 36605 , July 7, 1998; 75 FR 3639 , Jan. 22, 2010; 80 FR 71729 , Nov. 17, 2015; 82 FR 41561 , Sept. 1, 2017; 83 FR 10640 , 10643 , Mar. 12, 2018] § 74.852 Equipment changes. ( a ) The licensee of a low power auxiliary station may make any changes in the equipment that are deemed desirable or necessary, including replacement with certificated equipment, without prior Commission approval: Provided, The proposed changes will not depart from any of the terms of the station authorization or the Commission's technical rules governing this service: And provided further, That any changes made to certificated transmitted equipment shall be in compliance with the provisions of part 2 of the Commission's rules and regulations concerning modification of certificated equipment. ( b ) Any equipment changes made pursuant to paragraph (a) of this section shall be set forth in the next application for renewal of license. (Sec. 5, 48 Stat. 1068; 47 U.S.C. 155 ) [ 42 FR 14729 , Mar. 16, 1977, as amended at 43 FR 13576 , Mar. 31, 1978; 63 FR 36605 , July 7, 1998] § 74.861 Technical requirements. ( a ) Except as specified in paragraph (e) of this section, transmitter power is the power at the transmitter output terminals and delivered to the antenna, antenna transmission line, or any other impedance-matched, radio frequency load. For the purpose of this subpart, the transmitter power is the carrier power. ( b ) Each authorization for a new low power auxiliary station shall require the use of certificated equipment. Such equipment shall be operated in accordance with the emission specifications included in the certification grant and as prescribed in paragraphs (c) through (e) of this section. ( c ) Low power auxiliary transmitters not required to operate on specific carrier frequencies shall operate sufficiently within the authorized frequency band edges to insure the emission bandwidth falls entirely within the authorized band. ( d ) For low power auxiliary stations operating in the bands other than those allocated for TV broadcasting, the following technical requirements are imposed. ( 1 ) For all bands except the 1435-1525 MHz band, the maximum transmitter power which will be authorized is 1 watt. In the 1435-1525 MHz band, the maximum transmitter power which will be authorized is 250 milliwatts. Licensees may accept the manufacturer's power rating; however, it is the licensee's responsibility to observe specified power limits. ( 2 ) If a low power auxiliary station employs amplitude modulation, modulation shall not exceed 100 percent on positive or negative peaks. ( 3 ) For the 26.1-26.480 MHz, 161.625-161.775 MHz, 450-451 MHz, and 455-456 MHz bands, the occupied bandwidth shall not be greater than that necessary for satisfactory transmission and, in any event, an emission appearing on any discrete frequency outside the authorized band shall be attenuated, at least, 43+10 log 10 (mean output power, in watts) dB below the mean output power of the transmitting unit. The requirements of this paragraph shall also apply to the applications for certification of equipment for the 944-952 MHz band until January 13, 2018. ( 4 ) ( i ) For the 653-657 MHz, 941.5-944 MHz, 944-952 MHz, 952.850-956.250 MHz, 956.45-959.85 MHz, 1435-1525 MHz, 6875-6900 MHz and 7100-7125 MHz bands, analog emissions within the band from one megahertz below to one megahertz above the carrier frequency shall comply with the emission mask in section 8.3.1.2 of the European Telecommunications Institute Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic compatibility and Radio spectrum Matters (ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range; Part 1: Technical characteristics and methods of measurement. Beyond one megahertz below and above the carrier frequency, emissions shall comply with the limits specified in section 8.4 of ETSI EN 300 422-1 v1.4.2 (2011-08). ( ii ) For the 653-657 MHz, 941.5-944 MHz, 944-952 MHz, 952.850-956.250 MHz, 956.45-959.85 MHz, and 1435-1525 MHz bands, digital emissions within the band from one megahertz below to one megahertz above the carrier frequency shall comply with the emission mask in section 8.3.2.2 (Figure 4) of the European Telecommunications Institute Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic compatibility and Radio spectrum Matters (ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range; part 1: Technical characteristics and methods of measurement. Beyond one megahertz below and above the carrier frequency, emissions shall comply with the limits specified in section 8.4 of ETSI EN 300 422-1 v1.4.2 (2011-08). ( iii ) In the 6875-6900 MHz and 7100-7125 MHz bands, digital emissions within the band from one megahertz below to one megahertz above the carrier frequency shall comply with the emission mask in section 8.3.2.2 (Figure 5) of the European Telecommunications Institute Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic compatibility and Radio spectrum Matters (ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range; part 1: Technical characteristics and methods of measurement. Beyond one megahertz below and above the carrier frequency, emissions shall comply with the limits specified in section 8.4 of ETSI EN 300 422-1 v1.4.2 (2011-08). ( iv ) For the 944-952 MHz band, the requirements of this paragraph (d)(4) shall not apply to the applications for certification of equipment for that band until nine months after release of the Commission's Channel Reassignment Public Notice, as defined in section 73.3700(a)(2) of this chapter . ( e ) For low power auxiliary stations operating in the 600 MHz duplex gap and the bands allocated for TV broadcasting, the following technical requirements apply: ( 1 ) The power may not exceed the following values. ( i ) 54-72, 76-88, and 174-216 MHz bands: 50 mW EIRP ( ii ) 470-608 and 614-698: 250 mW conducted power ( iii ) 600 MHz duplex gap: 20 mW EIRP ( 2 ) Transmitters may be either crystal controlled or frequency synthesized. ( 3 ) Any form of modulation may be used. A maximum deviation of ±75 kHz is permitted when frequency modulation is employed. ( 4 ) The frequency tolerance of the transmitter shall be 0.005 percent. ( 5 ) The operating bandwidth shall not exceed 200 kHz. ( 6 ) The mean power of emissions shall be attenuated below the mean output power of the transmitter in accordance with the following schedule: ( i ) On any frequency removed from the operating frequency by more than 50 percent up to and including 100 percent of the authorized bandwidth: at least 25 dB; ( ii ) On any frequency removed from the operating frequency by more than 100 percent up to and including 250 percent of the authorized bandwidth: at least 35 dB; ( iii ) On any frequency removed from the operating frequency by more than 250 percent of the authorized bandwidth: at least 43 + 10log 10 (mean output power in watts) dB. ( 7 ) Analog emissions within the band from one megahertz below to one megahertz above the carrier frequency shall comply with the emission mask in section 8.3.1.2 of the European Telecommunications Institute Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic compatibility and Radio spectrum Matters (ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range; part 1: Technical characteristics and methods of measurement. Digital emissions within the band from one megahertz below to one megahertz above the carrier frequency shall comply with the emission mask in section 8.3.2.2 (Figure 4) of the European Telecommunications Institute Standard ETSI EN 300 422-1 v1.4.2 (2011-08), Electromagnetic compatibility and Radio spectrum Matters (ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range; part 1: Technical characteristics and methods of measurement. Beyond one megahertz below and above the carrier frequency, emissions shall comply with the limits specified in section 8.4 of ETSI EN 300 422-1 v1.4.2 (2011-08). The requirements of this paragraph (e)(7) shall not apply to applications for certification of equipment in these bands until nine months after release of the Commission's Channel Reassignment Public Notice, as defined in § 73.3700(a)(2) of this chapter . ( f ) Unusual transmitting antennas or antenna elevations shall not be used to deliberately extend the range of low power auxiliary stations beyond the limited areas defined in § 74.831 . ( g ) Low power auxiliary stations shall be operated so that no harmful interference is caused to any other class of station operating in accordance with Commission's rules and regulations and with the Table of Frequency Allocations in part 2 thereof. ( h ) In the event a station's emissions outside its authorized frequency band causes harmful interference, the Commission may, at its discretion, require the licensee to take such further steps as may be necessary to eliminate the interference. ( i ) Incorporation by reference. The material listed in this paragraph (i) is incorporated by reference in this section with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 . To enforce any edition other than that specified in this section, the FCC must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the following source in this paragraph (i) : ( 1 ) European Telecommunications Standards Institute, 650 Route des Lucioles, 06921 Sophia Antipolis Cedex, France. A copy of the standard is also available at http://www.etsi.org/deliver/etsi_en/300400_300499/30042201/01.03.02_60/en_30042201v010302p.pdf . ( i ) ETSI EN 300 422-1 V1.4.2 (2011-08): “ Electromagnetic compatibility and Radio spectrum Matters (ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range; Part 1: Technical characteristics and methods of measurement, ” Copyright 2011, IBR approved for section 15.236(g) . ( ii ) [Reserved] ( 2 ) [Reserved]. [ 43 FR 13576 , Mar. 31, 1978, as amended at 52 FR 2535 , Jan. 23, 1987; 63 FR 36605 , July 7, 1998; 75 FR 3639 , Jan. 22, 2010; 80 FR 71730 , Nov. 17, 2015; 80 FR 73085 , Nov. 23, 2015; 82 FR 41561 , Sept. 1, 2017; 85 FR 64409 , Oct. 13, 2020; 88 FR 21448 , Apr. 10, 2023] § 74.870 Wireless video assist devices. Television broadcast auxiliary licensees and motion picture and television producers, as defined in § 74.801 may operate wireless video assist devices on a non-interference basis on VHF and UHF television channels to assist with production activities. ( a ) The use of wireless video assist devices must comply with all provisions of this subpart, except as indicated in paragraphs (b) through (i) of this section. ( b ) Wireless video assist devices may only be used for scheduled productions. They may not be used to produce live events and may not be used for electronic news gathering purposes. ( c ) Wireless video assist devices may operate with a bandwidth not to exceed 6 MHz on frequencies in the bands 180-210 MHz (TV channels 8-12) and 470-698 MHz (TV channels 14-51) subject to the following restrictions: ( 1 ) The bandwidth may only occupy a single TV channel. ( 2 ) Operation is prohibited within the 608-614 MHz (TV channel 37) band. ( 3 ) Operation is prohibited within 129 km of a television broadcasting station, including Class A television stations, low power television stations and translator stations. ( 4 ) For the area and frequency combinations listed in the table below, operation is prohibited within the distances indicated from the listed geographic coordinates. Note to the following table: All coordinates are referenced to the North American Datum of 1983. Area North latitude West longitude Excluded frequencies (MHz) Excluded channels 200 km 128 km 52 km Boston, MA 42°21′24.4″ 71°03′23.2″ 470-476 14 476-482 15 482-488 16 488-494 17 Chicago, IL 41°52′28.1″ 87°38′22.2″ 470-476 14 476-482 15 482-488 16 Cleveland, OH 1 41°29′51.2″ 81°41′49.5″ 470-476 14 476-482 15 482-488 16 488-494 17 Dallas/Fort Worth, TX 32°47′09.5″ 96°47′38.0″ 476-482 15 482-488 16 488-494 17 Detroit, MI 1 42°19′48.1″ 83°02′56.7″ 470-476 14 476-482 15 482-488 16 488-494 17 Gulf of Mexico 476-494 15, 16, 17 Hawaii 488-494 17 Houston, TX 29°45′26.8″ 95°21′37.8″ 482-488 16 488-494 17 494-500 18 Los Angeles, CA 34°03′15.0″ 118°14′31.3″ 470-476 14 476-482 15 482-488 16 488-494 17 500-506 19 506-512 20 512-518 21 Miami, Fl 25°46′38.4″ 80°11′31.2″ 470-476 14 476-482 15 New York/NE New Jersey 40°45′ 73°59′37.5″ 470-476 14 476-482 15 482-488 16 488-494 17 494-500 18 500-506 19 506-512 20 Philadelphia, PA 39°56′58.4″ 75°09′19.6″ 494-500 18 500-506 19 506-512 20 512-518 21 Pittsburgh, PA 40°26′19.2″ 79°59′59.2″ 470-476 14 476-482 15 488-494 17 494-500 18 500-506 19 San Francisco/Oakland, CA 37°46′38.7″ 122°24′43.9″ 476-482 15 482-488 16 488-494 17 494-500 18 Washington D.C./MD/VA 38°53′51.4″ 77°00′31.9″ 482-488 16 488-494 17 494-500 18 500-506 19 1 The distance separation requirements are not applicable in these cities until further order from the Commission. ( d ) Wireless video assist devices are limited to a maximum of 250 milliwatts ERP and must limit power to that necessary to reliably receive a signal at a distance of 300 meters. Wireless video assist devices must comply with the emission limitations of § 74.637 . ( e ) The antenna of a wireless video assist device must be attached to the transmitter either permanently, or by means of a unique connector designed to allow replacement of authorized antennas but prevent the use of unauthorized antennas. When transmitting, the antenna must not be more that 10 meters above ground level. ( f ) ( 1 ) A license for a wireless video assist device will authorize the license holder to use all frequencies available for wireless video assist devices, subject to the limitations specified in this section. ( 2 ) Licensees may operate as many wireless video assist devices as necessary, subject to the notification procedures of this section. ( g ) Notification procedure. Prior to the commencement of transmitting, licensees must notify the local broadcasting coordinator of their intent to transmit. If there is no local coordinator in the intended area of operation, licensees must notify all adjacent channel TV stations within 161 km (100 mi) of the proposed operating area. ( 1 ) Notification must be made at least 10 working days prior to the date of intended transmission. ( 2 ) Notifications must include: ( i ) Frequency or frequencies. ( ii ) Location. ( iii ) Antenna height. ( iv ) Emission type(s). ( v ) Effective radiated power. ( vi ) Intended dates of operation. ( vii ) Licensee contact information. ( 3 ) ( i ) Failure of a local coordinator to respond to a notification request prior to the intended dates of operation indicated on the request will be considered as having the approval of the coordinator. In this case, licensees must in addition notify all co-channel and adjacent channel TV stations within 161 km (100 mi) of the proposed operating area. This notification is for information purposes only and will not enable TV stations to prevent a WAVD from operating, but is intended to help identify the source of interference if any is experienced after a WAVD begins operation. ( ii ) If there is no local coordinator in the intended area of operation, failure of any adjacent channel TV station to respond to a notification request prior to the intended dates of operation indicated on the request will be considered as having the approval of the TV station. ( 4 ) Licensees must operate in a manner consistent with the response of the local coordinator, or, if there is no local coordinator in the intended area of operation, the responses of the adjacent channel TV stations. Disagreements may be appealed to the Commission. However, in those instances, the licensee will bear the burden of proof and proceeding to overturn the recommendation of the local coordinator or the co-channel or adjacent channel TV station. ( h ) Licenses for wireless video assist devices may not be transferred or assigned. ( i ) Operations in 600 MHz band assigned to wireless licensees under part 27 of this chapter . A wireless video assist device that operates on frequencies in the 600 MHz band assigned to wireless licensees under part 27of this chapter must cease operations on those frequencies no later than the end of the post-auction transition period as defined in § 27.4 of this chapter . During the post-auction transition period, wireless video assist devices will operate on a secondary basis to licensees of part 27 of this chapter , i.e., they must not cause to and must accept harmful interference from these licensees. [ 68 FR 12772 , Mar. 17, 2003, as amended at 68 FR 69331 , Dec. 12, 2003; 79 FR 48545 , Aug. 15, 2014] § 74.882 Station identification. ( a ) For transmitters used for voice transmissions and having a transmitter output power exceeding 50 mW, an announcement shall be made at the beginning and end of each period of operation at a single location, over the transmitting unit being operated, identifying the transmitting unit's call sign or designator, its location, and the call sign of the broadcasting station or name of the licensee with which it is being used. A period of operation may consist of a continuous transmission or intermittent transmissions pertaining to a single event. ( b ) Each wireless video assist device, when transmitting, must transmit station identification at the beginning and end of each period of operation. Identification may be made by transmitting the station call sign by visual or aural means or by automatic transmission in international Morse telegraphy. ( 1 ) A period of operation is defined as a single uninterrupted transmission or a series of intermittent transmissions from a single location. ( 2 ) Station identification shall be performed in a manner conducive to prompt association of the signal source with the responsible licensee. In exercising the discretion provide by this rule, licensees are expected too act in a responsible manner to assure that result. [ 68 FR 12774 , Mar. 17, 2003] Subparts I-K [Reserved] Subpart L—FM Broadcast Translator Stations and FM Broadcast Booster Stations Source: 35 FR 15388 , Oct. 2, 1970, unless otherwise noted. § 74.1201 Definitions. ( a ) FM translator. A station in the broadcasting service operated for the purpose of retransmitting the signals of an AM or FM radio broadcast station or another FM broadcast translator station without significantly altering any characteristics of the incoming signal other than its frequency and amplitude, in order to provide radio broadcast service to the general public. ( b ) Commercial FM translator. An FM broadcast translator station which rebroadcasts the signals of a commercial AM or FM radio broadcast station. ( c ) Noncommercial FM translator. An FM broadcast translator station which rebroadcasts the signals of a noncommercial educational AM or FM radio broadcast station. ( d ) Primary station. The AM or FM radio broadcast station radiating the signals which are retransmitted by an FM broadcast translator station or an FM broadcast booster station. ( e ) AM or FM radio broadcast station. When used in this Subpart L, the term AM broadcast station or AM radio broadcast station or FM broadcast station or FM radio broadcast station refers to commercial and noncommercial educational AM or FM radio broadcast stations as defined in § 2.1 of this chapter , unless the context indicates otherwise. ( f ) FM broadcast booster station — ( 1 ) In general. A station in the broadcasting service operated for the sole purpose of retransmitting the signals of an FM radio broadcast station, by amplifying and reradiating such signals, without significantly altering any characteristic of the incoming signal other than its amplitude. Unless specified otherwise, an FM broadcast booster station includes LPFM boosters as defined in paragraph (l) of this section. ( 2 ) Program originating FM booster station. An FM broadcast booster station that retransmits the signals of an FM radio broadcast station or a low-power FM broadcast station, and that may replace the content of the incoming signal by originating programming for a period not to exceed three minutes of each broadcast hour. This is a strict hourly limit that may not be exceeded by aggregating unused minutes of program origination. A program originating FM booster station is subject to the same technical and interference protection requirements as are all FM broadcast booster stations, including but not limited to those set forth in §§ 74.1203 through 74.1262 . ( g ) Translator coverage contour. For a fill-in FM translator rebroadcasting an FM radio broadcast station as its primary station, the FM translator's coverage contour must be contained within the primary station's coverage contour. For purposes of this rule section, the coverage contour of the FM translator has the same field strength value as the protected contour of the primary FM station ( i.e., for a commercial Class B FM station it is the predicted 0.5 mV/m field strength contour, for a commercial Class B1 FM station it is the predicted 0.7 mV/m field strength contour, and for all other classes of FM stations it is the predicted 1 mV/m field strength contour). The coverage contour of an FM translator rebroadcasting an AM radio broadcast station as its primary station must be contained within the greater of either the 2 mV/m daytime contour of the AM station or a 25-mile (40 km) radius centered at the AM transmitter site. The protected contour for an FM translator station is its predicted 1 mV/m contour. ( h ) Fill-in area. The area where the coverage contour of an FM translator or booster station is within the protected contour of the associated primary station ( i.e., predicted 0.5 mV/m contour for commercial Class B stations, predicted 0.7 mV/m contour for commercial Class B1 stations, and predicted 1 mV/m contour for all other classes of stations). ( i ) Other area. The area where the coverage contour of an FM translator station extends beyond the protected contour of the primary station ( i.e., predicted 0.5 mV/m contour for commercial Class B stations, predicted 0.7 mV/m contour for commercial Class B1 stations, and predicted 1 mV/m contour for all other classes of stations). ( j ) AM Fill-in area. The area within the greater of the 2 mV/m daytime contour of the AM radio broadcast station being rebroadcast or a 25-mile (40 km) radius centered at the AM transmitter site. ( k ) Listener complaint. A statement that is signed and dated by the listener and contains the following information: ( 1 ) The complainant's full name, address, and phone number; ( 2 ) A clear, concise, and accurate description of the location where interference is alleged or predicted to occur; ( 3 ) A statement that the complainant listens over-the-air to the desired station at least twice a month; and ( 4 ) A statement that the complainant has no legal, financial, employment, or familial affiliation or relationship with the desired station. ( l ) LPFM booster. An FM broadcast booster station as defined in paragraph (f) of this section that is commonly-owned by an LPFM station for the purpose of retransmitting the signals of the commonly-owned LPFM station. [ 35 FR 15388 , Oct. 2, 1970, as amended at 45 FR 37842 , June 5, 1980; 52 FR 31405 , Aug. 20, 1987; 55 FR 50693 , Dec. 10, 1990; 74 FR 45129 , Sept. 1, 2009; 82 FR 13072 , Mar. 9, 2017; 84 FR 27740 , June 14, 2019; 85 FR 35574 , June 11, 2020; 87 FR 15344 , Mar. 18, 2022; 89 FR 26793 , Apr. 16, 2024] Effective Date Note Effective Date Note: At 82 FR 13072 , Mar. 9, 2017, § 74.1201 was amended by revising the last two sentences of paragraph (g), effective Apr. 10, 2017. At 82 FR 13069 , Mar. 9, 2017, the effective date was delayed indefinitely pending Office of Management and Budget approval of a nonsubstantive change in the rule as originally proposed. § 74.1202 Frequency assignment. ( a ) An applicant for a new FM broadcast translator station or for changes in the facilities of an authorized translator station shall endeavor to select a channel on which its operation is not likely to cause interference to the reception of other stations. The application must be specific with regard to the frequency requested. Only one output channel will be assigned to each translator station. ( b ) Subject to compliance with all the requirements of this subpart, FM broadcast translators may be authorized to operate on the following FM channels, regardless of whether they are assigned for local use in the FM Table of Allotments ( § 73.202(b) of this chapter ): ( 1 ) Commercial FM translators: Channels 221-300 as identified in § 73.201 of this chapter . ( 2 ) Noncommercial FM translators: Channels 201-300 as identified in § 73.201 of this chapter . Use of reserved channels 201-220 is subject to the restrictions specified in § 73.501 of this chapter . ( c ) An FM broadcast booster station will be assigned the channel assigned to its primary station. [ 35 FR 15388 , Oct. 2, 1970, as amended at 39 FR 12990 , Apr. 10, 1974; 47 FR 30068 , July 12, 1982; 52 FR 8260 , Mar. 17, 1987; 55 FR 50693 , Dec. 10, 1990; 87 FR 15344 , Mar. 18, 2022] § 74.1203 Interference. ( a ) An authorized FM translator or booster station will not be permitted to continue to operate if it causes any actual interference to: ( 1 ) The transmission of any authorized broadcast station; or ( 2 ) The reception of the input signal of any TV translator, TV booster, FM translator or FM booster station; or ( 3 ) The direct reception by the public of the off-the-air signals of any full-service station or previously authorized secondary station. Interference will be considered to occur whenever reception of a regularly used signal is impaired by the signals radiated by the FM translator or booster station, regardless of the channel on which the protected signal is transmitted; except that no listener complaint will be considered actionable if the alleged interference occurs outside the desired station's 45 dBu contour. Interference is demonstrated by: ( i ) The required minimum number of valid listener complaints as determined using Table 1 of this section and defined in § 74.1201(k) of this part ; ( ii ) A map plotting the specific location of the alleged interference in relation to the complaining station's 45 dBu contour; ( iii ) A statement that the complaining station is operating within its licensed parameters; ( iv ) A statement that the complaining station licensee has used commercially reasonable efforts to inform the relevant translator licensee of the claimed interference and attempted private resolution; and ( v ) U/D data demonstrating that at each listener location the undesired to desired signal strength exceeds −20 dB for co-channel situations, −6 dB for first-adjacent channel situations or 40 dB for second- or third-adjacent channel situations, calculated using the methodology set out in § 74.1204(b) . Table 1 to § 74.1203 ( a )(3) Population within protected contour Minimum listener complaints required for interference claim 1-199,999 6 200,000-299,999 7 300,000-399,999 8 400,000-499,999 9 500,000-999,999 10 1,000,000-1,499,999 15 1,500,000-1,999,999 20 2,000,000 or more 25 LPFM stations with fewer than 5,000 3 ( b ) If interference cannot be properly eliminated by the application of suitable techniques, operation of the offending FM translator or booster station shall be suspended and shall not be resumed until the interference has been eliminated. Short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures. ( c ) An FM broadcast booster station will be exempted from the provisions of paragraphs (a) and (b) of this section to the extent that it may cause limited interference to its primary station's signal, provided it does not disrupt the existing service of its primary station or cause such interference within the boundaries of the principal community of its primary station. A program originating FM booster station will be exempted from the provisions of paragraphs (a) and (b) to the extent that it may cause limited interference to its primary station's signal. A properly synchronized program originating FM booster station transmitting programming different than that broadcast by the primary station, subject to the limits set forth in § 74.1201(f)(2) , is not considered to cause interference to its primary station solely because such originated programming differs from that transmitted by the primary station. ( d ) A fill-in FM translator operating on the first, second or third adjacent channel to its primary station's channel will be exempt from the provisions of paragraphs (a) and (b) of this section to the extent that it may cause limited interference to its primary station's signal, provided it does not disrupt the existing service of its primary station or cause such interference within the boundaries of the principal community of its primary station. ( e ) It shall be the responsibility of the licensee of an FM translator or FM booster station to correct any condition of interference which results from the radiation of radio frequency energy by its equipment on any frequency outside the assigned channel. Upon notice by the Commission to the station licensee that such interference is being caused, the operation of the FM translator or FM booster station shall be suspended within three minutes and shall not be resumed until the interference has been eliminated or it can be demonstrated that the interference is not due to spurious emissions by the FM translator or FM booster station; provided, however, that short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures. [ 55 FR 50693 , Dec. 10, 1990, as amended at 60 FR 55484 , Nov. 1, 1995; 84 FR 27740 , June 14, 2019; 86 FR 13663 , Mar. 10, 2021; 89 FR 26793 , Apr. 16, 2024] § 74.1204 Protection of FM broadcast, FM Translator and LP100 stations. ( a ) An application for an FM translator station will not be accepted for filing if the proposed operation would involve overlap of predicted field contours with any other authorized commercial or noncommercial educational FM broadcast stations, FM translators, and Class D (secondary) noncommercial educational FM stations; or if it would result in new or increased overlap with an LP100 station, as set forth: ( 1 ) Commercial Class B FM Stations (Protected Contour: 0.5 mV/m) Frequency separation Interference contour of proposed translator station Protected contour of commercial Class B station Co-channel 0.05 mV/m (34 dBu) 0.5 mV/m (54 dBu) 200 kHz 0.25 mV/m (48 dBu) 0.5 mV/m (54 dBu) 400 kHz/ 600 kHz 50.0 mV/m (94 dBu) 0.5 mV/m (54 dBu) ( 2 ) Commercial Class B1 FM Stations (Protected Contour: 0.7 mV/m) Frequency separation Interference contour of proposed translator station Protected contour of commercial Class B1 station Co-channel 0.07 mV/m (37 dBu) 0.7 mV/m (57 dBu) 200 kHz 0.35 mV/m (51 dBu) 0.5 mV/m (57 dBu) 400 kHz/ 600 kHz 70.0 mV/m (97 dBu) 0.7 mV/m (57 dBu) ( 3 ) All Other Classes of FM Stations (Protected Contour: 1 mV/m) Frequency separation Interference contour of proposed translator Protected contour of any other station Co-channel 0.1 mV/m (40 dBu) 1 mV/m (60 dBu) 200 kHz 0.5 mV/m (54 dBu) 1 mV/m (60 dBu) 400 kHz/ 600 kHz 100 mV/m (100 dBu) 1 mV/m (60 dBu) ( 4 ) LP100 stations (Protected Contour: 1 mV/m) Frequency separation Interference contour of proposed translator station Protected contour of LP100 LPFM station Co-channel 0.1 mV/m (40 dBu) 1 mV/m (60 dBu) 200 kHz 0.5 mV/m (54 dBu) 1 mV/m (60 dBu) Note to paragraph ( a )(4): LP100 stations, to the purposes of determining overlap pursuant to this paragraph, LPFM applications and permits that have not yet been licensed must be considered as operating with the maximum permitted facilities. All LPFM TIS stations must be protected on the basis of a nondirectional antenna. ( b ) The following standards must be used to compute the distances to the pertinent contours: ( 1 ) The distances to the protected contours are computed using Figure 1 of § 73.333 [F(50,50) curves] of this chapter. ( 2 ) The distances to the interference contours are computed using Figure 1a of § 73.333 [F(50,10) curves] of this chapter. In the event that the distance to the contour is below 16 kilometers (approximately 10 miles), and therefore not covered by Figure 1a, curves in Figure 1 must be used. ( 3 ) The effective radiated power (ERP) to be used is the maximum ERP of the main radiated lobe in the pertinent azimuthal direction. If the transmitting antenna is not horizontally polarized only, either the vertical component or the horizontal component of the ERP should be used, whichever is greater in the pertinent azimuthal direction. ( 4 ) The antenna height to be used is the height of the radiation center above the average terrain along each pertinent radial, determined in accordance with § 73.313(d) of this chapter . ( c ) An application for a change (other than a change in channel) in the authorized facilities of an FM translator station will be accepted even though overlap of field strength contours would occur with another station in an area where such overlap does not already exist, if: ( 1 ) The total area of overlap with that station would not be increased: ( 2 ) The area of overlap with any other station would not increase; ( 3 ) The area of overlap does not move significantly closer to the station receiving the overlap; and, ( 4 ) No area of overlap would be created with any station with which the overlap does not now exist. ( d ) The provisions of this section concerning prohibited overlap will not apply where the area of such overlap lies entirely over water. In addition, an application otherwise precluded by this section will be accepted if it can be demonstrated that no actual interference will occur due to intervening terrain, lack of population or such other factors as may be applicable. ( e ) The provisions of this section will not apply to overlap between a proposed fill-in FM translator station and its primary station operating on a first, second or third adjacent channel, provided That such operation may not result in interference to the primary station within its principal community. ( f ) An application for an FM translator station will not be accepted for filing even though the proposed operation would not involve overlap of field strength contours with any other station, as set forth in paragraph (a) of this section, if grant of the authorization will result in interference to the reception of a regularly used, off-the-air signal of any authorized co-channel, first, second or third adjacent channel broadcast station, including previously authorized secondary service stations within the 45 dBu field strength contour of the desired station. Interference is demonstrated by: ( 1 ) The required minimum number of valid listener complaints as determined using Table 1 to § 74.1203(a)(3) of this part and defined in § 74.1201(k) of this part ; ( 2 ) A map plotting the specific location of the alleged interference in relation to the complaining station's 45 dBu contour; ( 3 ) A statement that the complaining station is operating within its licensed parameters; ( 4 ) A statement that the complaining station licensee has used commercially reasonable efforts to inform the relevant translator licensee of the claimed interference and attempted private resolution; and ( 5 ) U/D data demonstrating that at each listener location the undesired to desired signal strength exceeds −20 dB for co-channel situations, −6 dB for first-adjacent channel situations or 40 dB for second- or third-adjacent channel situations, calculated using the methodology set out in paragraph (b) of this section. ( g ) An application for an FM translator or an FM booster station that is 53 or 54 channels removed from an FM radio broadcast station will not be accepted for filing if it fails to meet the required separation distances set out in § 73.207 of this chapter . For purposes of determining compliance with § 73.207 of this chapter , translator stations will be treated as Class A stations and booster stations will be treated the same as their FM radio broadcast station equivalents. FM radio broadcast station equivalents will be determined in accordance with §§ 73.210 and 73.211 of this chapter , based on the booster station's ERP and HAAT. Provided, however, that FM translator stations and booster stations operating with less than 100 watts ERP will be treated as class D stations and will not be subject to intermediate frequency separation requirements. ( h ) An application for an FM translator station will not be accepted for filing if it specifies a location within 320 kilometers (approximately 199 miles) of either the Canadian or Mexican borders and it does not comply with § 74.1235(d) of this part . ( i ) FM booster stations shall be subject to the requirement that the signal of any first adjacent channel station must exceed the signal of the booster station by 6 dB at all points within the protected contour of any first adjacent channel station, except that in the case of FM stations on adjacent channels at spacings that do not meet the minimum distance separations specified in § 73.207 of this chapter , the signal of any first adjacent channel station must exceed the signal of the booster by 6 dB at any point within the predicted interference free contour of the adjacent channel station. ( j ) FM translator stations authorized prior to June 1, 1991 with facilities that do not comply with the predicted interference protection provisions of this section, may continue to operate, provided that operation is in conformance with § 74.1203 regarding actual interference. Applications for major changes in FM translator stations must specify facilities that comply with provisions of this section. [ 55 FR 50694 , Dec. 10, 1990, as amended at 56 FR 56170 , Nov. 1, 1991; 58 FR 42025 , Aug. 6, 1993; 65 FR 7649 , Feb. 15, 2000; 65 FR 67304 , Nov. 9, 2000; 65 FR 79780 , Dec. 20, 2000; 84 FR 27741 , June 14, 2019; 86 FR 13664 , Mar. 10, 2021] § 74.1205 Protection of channel 6 TV broadcast stations. The provisions of this section apply to all applications for construction permits for new or modified facilities for a noncommercial educational FM translator station on Channels 201-220, unless the application is accompanied by a written agreement between the NCE-FM translator applicant and each affected TV Channel 6 broadcast station licensee or permittee concurring with the proposed NCE-FM translator facility. ( a ) An application for a construction permit for new or modified facilities for a noncommercial educational FM translator station operating on Channels 201-220 must include a showing that demonstrates compliance with paragraph (b) , (c) or (d) of this section if it is within the following distances of a TV broadcast station which is authorized to operate on Channel 6. FM Channel Distance (kilometers) 201 148 202 146 203 143 204 141 205 140 206 137 207 135 208 135 209 135 210 135 211 135 212 135 213 135 214 134 215 134 216 133 217 133 218 132 219 132 220 131 ( b ) Collocated stations. An application for a noncommercial educational FM translator station operating on Channels 201-220 and located at 0.4 kilometer (approximately 0.25 mile) or less from a TV Channel 6 station will be accepted if it includes a certification that the applicant has coordinated its antenna with the affected TV station. ( c ) Contour overlap. Except as provided in paragraph (b) of this section, an application for a noncommercial educational FM translator station operating on Channels 201-220 will not be accepted if the proposed operation would involve overlap of its interference field strength contour with any TV Channel 6 station's Grade B contour, as set forth below. ( 1 ) The distances to the TV Channel 6 station Grade B (47 dBu) field strength contour will be predicted according to the procedures specified in § 73.684 of this chapter , using the F(50,50) curves in § 73.699 , Figure 9 of this chapter. ( 2 ) The distances to the applicable noncommercial educational FM translator interference contour will be predicted according to the procedures specified in § 74.1204(b) of this part . ( 3 ) The applicable noncommercial educational FM translator interference contours are as follows: FM channel Interference Contour F(50,10) curves (dBu) 201 54 202 56 203 59 204 62 205 64 206 69 207 73 208 73 209 73 210 73 211 73 212 74 213 75 214 77 215 78 216 80 217 81 218 85 219 88 220 90 ( d ) FM translator stations authorized prior to June 1, 1991 with facilities that do not comply with the predicted interference protection provisions of this section, may continue to operate, provided that operation is in conformance with § 74.1203 regarding actual interference. Applications for major changes in FM translator stations must specify facilities that comply with the provisions of this section. [ 55 FR 50695 , Dec. 10, 1990, as amended at 58 FR 42025 , Aug. 6, 1993] § 74.1231 Purpose and permissible service. ( a ) FM translators provide a means whereby the signals of AM or FM broadcast stations may be retransmitted to areas in which direct reception of such AM or FM broadcast stations is unsatisfactory due to distance or intervening terrain barriers, and a means for AM Class D stations to continue operating at night. ( b ) An FM translator may be used for the purpose of retransmitting the signals of a primary AM or FM radio broadcast station or another translator station the signal of which is received directly through space, converted, and suitably amplified, and originating programming to the extent authorized in paragraphs (f) , (g) , and (h) of this section. However, an FM translator providing fill-in service may use any terrestrial facilities to receive the signal that is being rebroadcast. An FM booster station or a noncommercial educational FM translator station that is operating on a reserved channel (Channels 201-220) and is owned and operated by the licensee of the primary noncommercial educational station it rebroadcasts may use alternative signal delivery means, including, but not limited to, satellite and terrestrial microwave facilities. Provided, however, that an applicant for a noncommercial educational translator operating on a reserved channel (Channel 201-220) and owned and operated by the licensee of the primary noncommercial educational AM or FM station it rebroadcasts complies with either paragraph (b)(1) or (b)(2) of this section: ( 1 ) The applicant demonstrates that: ( i ) The transmitter site of the proposed FM translator station is within 80 kilometers of the predicted 1 mV/m contour of the primary station to be rebroadcast; or, ( ii ) The transmitter site of the proposed FM translator station is more than 160 kilometers from the transmitter site of any authorized full service noncommercial educational FM station; or, ( iii ) The application is mutually exclusive with an application containing the showing as required by paragraph 74.1231(b)(2) (i) or (ii) of this section; or, ( iv ) The application is filed after October 1, 1992. ( 2 ) If the transmitter site of the proposed FM translator station is more than 80 kilometers from the predicted 1 mV/m contour of the primary station to be rebroadcast or is within 160 kilometers of the transmitter site of any authorized full service noncommercial educational FM station, the applicant must show that: ( i ) An alternative frequency can be used at the same site as the proposed FM translator's transmitter location and can provide signal coverage to the same area encompassed by the applicant's proposed 1 mV/m contour; or, ( ii ) An alternative frequency can be used at a different site and can provide signal coverage to the same area encompassed by the applicant's proposed 1 mV/m contour. Note: For paragraphs 74.1231(b) and 74.1231(i) of this section, auxiliary intercity relay station frequencies may be used to deliver signals to FM translator and booster stations on a secondary basis only. Such use shall not interfere with or otherwise preclude use of these frequencies for transmitting aural programming between the studio and transmitter location of a broadcast station, or between broadcast stations, as provided in paragraphs 74.531 (a) and (b) of this part. Prior to filing an application for an auxiliary intercity relay microwave frequency, the applicant shall notify the local frequency coordination committee, or, in the absence of a local frequency coordination committee, any licensees assigned the use of the proposed operating frequency in the intended location or area of operation. ( c ) The transmissions of each FM translator or booster station shall be intended only for direct reception by the general public. An FM translator or booster shall not be operated solely for the purpose of relaying signals to one or more fixed received points for retransmission, distribution, or further relaying in order to establish a point-to-point FM radio relay system. ( d ) The technical characteristics of the retransmitted signals shall not be deliberately altered so as to hinder reception on conventional FM broadcast receivers. ( e ) An FM translator shall not deliberately retransmit the signals of any station other than the station it is authorized to retransmit. Precautions shall be taken to avoid unintentional retransmission of such other signals. ( f ) A locally generated radio frequency signal similar to that of an FM broadcast station and modulated with aural information may be connected to the input terminals of an FM translator for the purpose of transmitting voice announcements. The radio frequency signals shall be on the same channel as the normally used off-the-air signal being rebroadcast. Connection of the locally generated signals shall be made by any automatic means when transmitting originations concerning financial support. The connections for emergency transmissions may be made manually. The apparatus used to generate the local signal that is used to modulate the FM translator must be capable of producing an aural signal which will provide acceptable reception on FM receivers designed for the transmission standards employed by FM broadcast stations. ( g ) The aural material transmitted as permitted in paragraph (f) of this section shall be limited to emergency warnings of imminent danger and to seeking or acknowledging financial support deemed necessary to the continued operation of the translator. Originations concerning financial support are limited to a total of 30 seconds an hour. Within this limitation the length of any particular announcement will be left to the discretion of the translator station licensee. Solicitations of contributions shall be limited to the defrayal of the costs of installation, operation and maintenance of the translator or acknowledgements of financial support for those purposes. Such acknowledgements may include identification of the contributors, the size or nature of the contributions and advertising messages of contributors. Emergency transmissions shall be no longer or more frequent than necessary to protect life and property. ( h ) An FM translator station that rebroadcasts a Class D AM radio broadcast station as its primary station may originate programming during the hours the primary station is not operating, subject to the provisions of § 74.1263(b) of this part . ( i ) FM broadcast booster stations provide a means whereby the licensee of an FM broadcast station may provide service to areas in any region within the primary station's predicted authorized service contour. An FM broadcast booster station is authorized to retransmit only the signals of its primary station which have been received directly through space and suitably amplified, or received by alternative signal delivery means including, but not limited to, satellite and terrestrial microwave facilities. The FM booster station shall not retransmit the signals of any other station nor make independent transmissions except as set forth in § 74.1201(f)(2) , and except that locally generated signals may be used to excite the booster apparatus for the purpose of conducting tests and measurements essential to the proper installation and maintenance of the apparatus. ( j ) In the case of an FM broadcast station authorized with facilities in excess of those specified by § 73.211 of this chapter , an FM booster station will only be authorized within the protected contour of the class of station being rebroadcast as predicted on the basis of the maximum powers and heights set forth in that section for the applicable class of FM broadcast station concerned. [ 35 FR 15388 , Oct. 2, 1970, as amended at 45 FR 37842 , June 5, 1980; 52 FR 31406 , Aug. 20, 1987; 53 FR 14803 , Apr. 26, 1988; 54 FR 35342 , Aug. 25, 1989; 55 FR 50695 , Dec. 10, 1990; 57 FR 41111 , Sept. 9, 1992; 58 FR 42026 , Aug. 6, 1993; 63 FR 33879 , June 22, 1998; 74 FR 45130 , Sept. 1, 2009; 89 FR 26793 , Apr. 16, 2024] § 74.1232 Eligibility and licensing requirements. ( a ) Subject to the restrictions set forth in paragraph (d) of this section, a license for an FM broadcast translator station may be issued to any qualified individual, organized group of individuals, broadcast station licensee, or local civil governmental body, upon an appropriate showing that plans for financing the installation and operation of the translator are sufficiently sound to assure prompt construction of the translator and dependable service. ( b ) More than one FM translator may be licensed to the same applicant, whether or not such translators serve substantially the same area, upon an appropriate showing of technical need for such additional stations. FM translators are not counted as FM stations for the purpose of § 73.3555 of this chapter concerning multiple ownership. Note: As used in this section need refers to the quality of the signal received and not to the programming content, format, or transmission needs of an area. ( c ) Only one input and one output channel will be assigned to each FM translator. Additional FM translators may be authorized to provide additional reception. A separate application is required for each FM translator and each application shall be complete in all respects. ( d ) An authorization for an FM translator whose coverage contour extends beyond the protected contour of the commercial primary station will not be granted to the licensee or permittee of a commercial FM radio broadcast station. Similarly, such authorization will not be granted to any person or entity having any interest whatsoever, or any connection with a primary FM station. Interested and connected parties extend to group owners, corporate parents, shareholders, officers, directors, employees, general and limited partners, family members and business associates. For the purposes of this paragraph, the protected contour of the primary station shall be defined as follows: the predicted 0.5mV/m contour for commercial Class B stations, the predicted 0.7 mV/m contour for commercial Class B1 stations and the predicted 1 mV/m field strength contour for all other FM radio broadcast stations. The contours shall be as predicted in accordance with § 73.313(a) through (d) of this chapter . In the case of an FM radio broadcast station authorized with facilities in excess of those specified by § 73.211 of this chapter , a co-owned commercial FM translator will only be authorized within the protected contour of the class of station being rebroadcast, as predicted on the basis of the maximum powers and heights set forth in that section for the applicable class of FM broadcast station concerned. An FM translator station in operation prior to March 1, 1991, which is owned by a commercial FM (primary) station and whose coverage contour extends beyond the protected contour of the primary station, may continue to be owned by such primary station until March 1, 1994. Thereafter, any such FM translator station must be owned by independent parties. An FM translator station in operation prior to June 1, 1991, which is owned by a commercial FM radio broadcast station and whose coverage contour extends beyond the protected contour of the primary station, may continue to be owned by a commercial FM radio broadcast station until June 1, 1994. Thereafter, any such FM translator station must be owned by independent parties. An FM translator providing service to an AM fill-in area will be authorized only to the permittee or licensee of the AM radio broadcast station being rebroadcast, or, in the case of an FM translator authorized to operate on an unreserved channel, to a party with a valid rebroadcast consent agreement with such a permittee or licensee to rebroadcast that station as the translator's primary station. In addition, any FM translator providing service to an AM fill-in area must have been authorized by a license or construction permit in effect as of May 1, 2009, or pursuant to an application that was pending as of May 1, 2009. A subsequent modification of any such FM translator will not affect its eligibility to rebroadcast an AM signal. ( e ) An FM translator station whose coverage contour goes beyond the protected contour of the commercial primary station shall not receive any support, before or after construction, either directly or indirectly, from the commercial primary FM radio broadcast station. Such support also may not be received from any person or entity having any interest whatsoever, or any connection with the primary FM station. Interested and connected parties extend to group owners, corporate parents, shareholders, officers, directors, employees, general and limited partners, family members and business associates. Such an FM translator station may, however, receive technical assistance from the primary station to the extent of installing or repairing equipment or making adjustments to equipment to assure compliance with the terms of the translator station's construction permit and license. FM translator stations in operation prior to March 1, 1991 may continue to receive contributions or support from the commercial primary station for the operation and maintenance of the translator station until March, 1, 1994. Thereafter, any such FM translator station shall be subject to the prohibitions on support contained in this section. Such an FM translator station may, however, receive technical assistance from the primary station to the extent of installing or repairing equipment or making adjustments to equipment to assure compliance with the terms of the translator station's construction permit and license. FM translator stations in operation prior to June 1, 1991 may continue to receive contributions or support from a commercial FM radio broadcast station for the operation and maintenance of the translator station until June 1, 1994. Thereafter, any such FM translator station shall be subject to the prohibitions on support contained in this section. Note: “Technical assistance” refers to actual services provided by the primary station's technical staff or compensation for the time and services provided by independent engineering personnel. Conversely, such support must not include the supply of equipment or direct funding for the translator's discretionary use. “Technical assistance” must occur after the issuance of the translator's construction permit or license in order to meet expenses incurred by installing, repairing, or making adjustments to equipment. ( f ) An FM broadcast booster station will be authorized only to the licensee or permittee of the FM radio broadcast station whose signals the booster station will retransmit, to serve areas within the protected contour of the primary station, subject to § 74.1231(j) . ( g ) No numerical limit is placed upon the number of FM booster stations which may be licensed to a single licensee. A separate application is required for each FM booster station. FM broadcast booster stations are not counted as FM broadcast stations for the purposes of § 73.5555 of this chapter concerning multiple ownership. ( h ) Any authorization for an FM translator station issued to an applicant described in paragraphs (d) and (e) of this section will be issued subject to the condition that it may be terminated at any time, upon not less than sixty (60) days written notice, where the circumstances in the community or area served are so altered as to have prohibited grant of the application had such circumstances existed at the time of its filing. [ 35 FR 15388 , Oct. 2, 1970, as amended at 43 FR 14660 , Apr. 7, 1978; 52 FR 10571 , Apr. 2, 1987; 52 FR 31406 , Aug. 20, 1987; 55 FR 50696 , Dec. 10, 1990; 58 FR 42026 , Aug. 6, 1993; 74 FR 45130 , Sept. 1, 2009; 77 FR 21015 , Apr. 9, 2012; 89 FR 26793 , Apr. 16, 2024] § 74.1233 Processing FM translator and booster station applications. ( a ) Applications for FM translator and booster stations are divided into two groups: ( 1 ) ( i ) In the first group are applications for new stations or for major changes in the facilities of authorized stations. For FM translator stations, a major change is: ( A ) Any change in frequency (output channel) except— ( 1 ) Changes to first, second or third adjacent channels, or intermediate frequency channels; or ( 2 ) Upon a showing of interference to or from any other broadcast station, remedial changes to any same-band frequency; or ( B ) Any change in antenna location where the station would not continue to provide 1 mV/m service to some portion of its previously authorized 1 mV/m service area. In addition, any change in frequency relocating an unbuilt station from the non-reserved band to the reserved band, or from the reserved band to the non-reserved band, will be considered major. All other changes will be considered minor. ( ii ) All major changes are subject to the provisions of §§ 73.3580 and 1.1104 of this chapter pertaining to major changes. ( 2 ) In the second group are applications for licenses and all other changes in the facilities of the authorized station. ( b ) Processing booster and reserved band FM translator applications. ( 1 ) Applications for minor modifications for reserved band FM translator stations, as defined in paragraph (a)(2) of this section, may be filed at any time, unless restricted by the FCC, and will be processed on a “first come/first served” basis, with the first acceptable application cutting off the filing rights of subsequent, conflicting applicants. The FCC will periodically release a Public Notice listing those applications accepted for filing. Conflicting applications received on the same day will be treated as simultaneously filed and mutually exclusive. Conflicting applications received after the filing of a first acceptable application will be grouped, according to filing date, behind the lead application in a queue. The priority rights of the lead applicant, against all other applicants, are determined by the date of filing, but the filing date for subsequent, conflicting applicants only reserves a place in the queue. The rights of an applicant in a queue ripen only upon a final determination that the lead applicant is unacceptable and if the queue member is reached and found acceptable. The queue will remain behind the lead applicant until a construction permit is finally granted, at which time the queue dissolves. ( 2 ) All other applications for booster stations and reserved band FM translator stations will be processed as nearly as possible in the order in which they are filed. Such applications will be placed in the processing line in numerical sequence, and will be drawn by the staff for study, the lowest file number first. In order that those applications which are entitled to be grouped for processing may be fixed prior to the time processing of the earliest filed application is begun, the FCC will periodically release a Public Notice listing reserved band applications that have been accepted for filing and announcing a date (not less than 30 days after publication) on which the listed applications will be considered available and ready for processing and by which all mutually exclusive applications and/or petitions to deny the listed applications must be filed. ( 3 ) Applications for reserved band FM translator stations will be processed using filing window procedures. The FCC will specify by Public Notice, a period for filing reserved band FM translator applications for a new station or for major modifications in the facilities of an authorized station. FM translator applications for new facilities or for major modifications will be accepted only during these specified periods. Applications submitted prior to the window opening date identified in the Public Notice will be returned as premature. Applications submitted after the specified deadline will be dismissed with prejudice as untimely. ( 4 ) Timely filed applications for new facilities or for major modifications for reserved band FM Translators will be processed pursuant to the procedures set forth in subpart K of part 73 ( § 73.7000 et seq. ) Subsequently, the FCC will release Public Notices identifying: mutually exclusive groups of applications; applications received during the window filing period which are found to be non-mutually exclusive; tentative selectees determined pursuant to the point system procedures set forth in § 73.7003 of this chapter ; and acceptable applications. The Public Notices will also announce: additional procedures to be followed for certain groups of applications; deadlines for filing additional information; and dates by which petitions to deny must be filed in accordance with the provisions of § 73.7004 of this chapter . If the applicant is duly qualified, and upon examination, the FCC finds that the public interest, convenience and necessity will be served by the granting of the application, it will be granted. If an application is found not to be acceptable for filing, the application will be returned, and subject to the amendment requirements of § 73.3522 of this chapter . ( c ) In the case of an application for an instrument of authorization, other than a license pursuant to a construction permit, grant will be based on the application, the pleadings filed, and such other matters that may be officially noticed. Before a grant can be made it must be determined that: ( 1 ) There is not pending a mutually exclusive application. ( 2 ) The applicant is legally, technically, financially and otherwise qualified; ( 3 ) The applicant is not in violation of any provisions of law, the FCC rules, or established policies of the FCC; and ( 4 ) A grant of the application would otherwise serve the public interest, convenience and necessity. ( d ) Processing non-reserved band FM translator applications. ( 1 ) Applications for minor modifications for non-reserved band FM translator stations, as defined in paragraph (a)(2) of this section, may be filed at any time, unless restricted by the FCC, and will be processed on a “first come/first served” basis, with the first acceptable application cutting off the filing rights of subsequent, conflicting applicants. The FCC will periodically release a Public Notice listing those applications accepted for filing. Applications received on the same day will be treated as simultaneously filed and, if they are found to be mutually exclusive, must be resolved through settlement or technical amendment. Conflicting applications received after the filing of a first acceptable application will be grouped, according to filing date, behind the lead application in a queue. The priority rights of the lead applicant, against all other applicants, are determined by the date of filing, but the filing date for subsequent, conflicting applicants only reserves a place in the queue. The rights of an applicant in a queue ripen only upon a final determination that the lead applicant is unacceptable and if the queue member is reached and found acceptable. The queue will remain behind the lead applicant until a construction permit is finally granted, at which time the queue dissolves. ( 2 ) ( i ) The FCC will specify by Public Notice, pursuant to § 73.5002(a) of this chapter , a period for filing non-reserved band FM translator applications for a new station or for major modifications in the facilities of an authorized station. FM translator applications for new facilities or for major modifications, whether for commercial broadcast stations or noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , will be accepted only during these specified periods. Applications submitted prior to the window opening date identified in the Public Notice will be returned as premature. Applications submitted after the specified deadline will be dismissed with prejudice as untimely. ( ii ) Such FM translator applicants will be subject to the provisions of §§ 1.2105 and 73.5002(a) regarding the submission of the short-form application, FCC Form 175, and all appropriate certifications, information and exhibits contained therein. To determine which FM translator applications are mutually exclusive, FM translator applicants must submit the engineering data contained in FCC Form 349 as a supplement to the short-form application. Such engineering data will not be studied for technical acceptability, but will be protected from subsequently filed applications as of the close of the window filing period. Determinations as to the acceptability or grantability of an applicant's proposal will not be made prior to an auction. ( iii ) FM translator applicants will be subject to the provisions of § 1.2105 regarding the modification and dismissal of their short-form applications. ( iv ) Consistent with § 1.2105(a) , beginning January 1, 1999, all short-form applications must be filed electronically. ( 3 ) Subsequently, the FCC will release Public Notices: ( i ) Identifying the short-form applications received during the appropriate filing period or “window” which are found to be mutually exclusive, including any applications for noncommercial educational broadcast stations, as defined in 47 U.S.C. 397(6) , as well as the procedures the FCC will use to resolve the mutually exclusive applications; ( ii ) Establishing a date, time and place for an auction; ( iii ) Providing information regarding the methodology of competitive bidding to be used in the upcoming auction, bid submission and payment procedures, upfront payment procedures, upfront payment deadlines, minimum opening bid requirements and applicable reserve prices in accordance with the provisions of § 73.5002 ; ( iv ) Identifying applicants who have submitted timely upfront payments and, thus, are qualified to bid in the auction. ( 4 ) After the close of the filing window, the FCC will also release a Public Notice identifying any short-form applications which are found to be non-mutually exclusive, including any applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) . These non-mutually exclusive applicants will be required to submit the appropriate long form application within 30 days of the Public Notice and, for applicants for commercial broadcast stations, pursuant to the provisions of § 73.5005 of this chapter . Non-mutually exclusive applications for commercial broadcast stations will be processed and the FCC will periodically release a Public Notice listing such non-mutually exclusive applications determined to be acceptable for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of §§ 73.5006 and 73.3584 of this chapter . Non-mutually exclusive applications for noncommercial educational broadcast stations, as described by 47 U.S.C. 397(6) , will be processed and the FCC will periodically release a Public Notice listing such non-mutually exclusive applications determined to be acceptable for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of §§ 73.7004 and 73.3584 of this chapter . If the applicants are duly qualified, and upon examination, the FCC finds that the public interest, convenience and necessity will be served by the granting of the non-mutually exclusive long-form application, the same will be granted. ( 5 ) ( i ) Pursuant to § 1.2107 of this chapter , a winning bidder that meets its down payment obligations in a timely manner must, within 30 days of the release of the public notice announcing the close of the auction, submit the appropriate long-form application for each construction permit for which it was the winning bidder. Long-form applications filed by winning bidders shall include the exhibits identified in § 73.5005 of this chapter . ( ii ) Winning bidders are required to pay the balance of their winning bids in a lump sum prior to the deadline established by the Commission pursuant to § 1.2109(a) of this chapter . Long-form construction permit applications will be processed and the FCC will periodically release a Public Notice listing such applications that have been accepted for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of §§ 73.5006 and 73.3584 . Construction permits will be granted by the Commission only after full and timely payment of winning bids and any applicable late fees, and if the applicant is duly qualified, and upon examination, the FCC finds that the public interest, convenience and necessity will be served. If a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline as specified by the Commission, it will be allowed to make payment within ten (10) business days after the payment deadline, provided that it also pays a late fee equal to five (5) percent of the amount due in accordance with § 1.2109(a) of this chapter . Construction of the FM translator station shall not commence until the grant of such permit to the winning bidder and only after full and timely payment of winning bids and any applicable late fees. ( iii ) All long-form applications will be cut-off as of the date of filing with the FCC and will be protected from subsequently filed long-form translator applications. Applications will be required to protect all previously filed applications. Winning bidders filing long-form applications may change the technical proposals specified in their previously submitted short-form applications, but such change may not constitute a major change. If the submitted long-form application would constitute a major change from the proposal submitted in the short-form application or the allotment, the long-form application will be returned pursuant to paragraph (d)(2)(i) of this section. ( e ) Selection of mutually exclusive reserved band FM translator applications. ( 1 ) Applications for FM translator stations proposing to provide fill-in service (within the primary station's protected contour) of the commonly owned primary station will be given priority over all other applications. ( 2 ) Where applications for FM translator stations are mutually exclusive and do not involve a proposal to provide fill-in service of commonly owned primary stations, the FCC may stipulate different frequencies as necessary for the applicants. ( 3 ) Where there are no available frequencies to substitute for a mutually exclusive application, the FCC will apply the same point system identified for full service reserved band FM stations in § 73.7003(b) of this chapter . In the event of a tie, the FCC will consider: ( i ) Existing authorizations. Each applicant's number of existing radio authorizations (licenses and construction permits for AM, FM, and FM-translators but excluding fill-in translators) as of the time of application shall be compared, and the applicant with the fewest authorizations will be chosen as tentative selectee. If each applicant is applying for a fill-in translator only, and consideration of its other radio stations is not dispositive, its number of existing fill-in translator authorizations will also be considered, and the fill-in applicant with the fewest fill-in authorizations will be chosen as tentative selectee. ( ii ) Existing applications. If a tie remains, after the tie breaker in paragraph (e)(3)(i) of this section, the remaining applicant with the fewest pending radio new and major change applications (AM, FM, and non fill-in FM translators) will be chosen as tentative selectee. If each applicant is applying for a fill-in translator only, and consideration of its other radio stations is not dispositive, its number of existing fill-in translator applications will also be considered, and the fill-in applicant with the fewest fill-in authorizations will be chosen as tentative selectee. ( iii ) Where the procedures in paragraphs (e)(1) , (e)(2) and (e)(3)(i) and (e)(3)(ii) of this section fail to resolve the mutual exclusivity, the applications will be processed on a first-come-first-served basis. [ 63 FR 48632 , Sept. 11, 1998, as amended at 64 FR 19502 , Apr. 21, 1999; 65 FR 36382 , June 8, 2000; 66 FR 15357 , Mar. 19, 2001; 67 FR 45375 , July 9, 2002; 68 FR 26229 , May 15, 2003; 71 FR 6229 , Feb. 7, 2006; 76 FR 18953 , Apr. 6, 2011; 84 FR 27741 , June 14, 2019] § 74.1234 Unattended operation. ( a ) A station authorized under this subpart may be operated without a designated person in attendance if the following requirements are met: ( 1 ) If the transmitter site cannot be reached promptly at all hours and in all seasons, means shall be provided so that the transmitting apparatus can be turned on and off at will from a point which is readily accessible at all hours and in all seasons. ( 2 ) The transmitter shall also be equipped with suitable automatic circuits which will place it in a nonradiating condition in the absence of a signal on the input channel. ( 3 ) The on-and-off control (if at a location other than the transmitter site) and the transmitting apparatus, shall be adequately protected against tampering by unauthorized persons. ( 4 ) The FCC in Washington, DC, Attention: Audio Division, Media Bureau, shall be supplied by letter with the name, address, and telephone number of a person or persons who may be contacted to secure suspension of operation of the translator promptly should such action be deemed necessary by the Commission. Such information shall be kept current by the licensee. ( 5 ) Where the antenna and supporting structure are required to be painted and lighted under the provisions of Part 17 of this chapter , the licensee shall make suitable arrangements for the daily inspection and logging of the obstruction lighting and associated control equipment as required by §§ 17.47 , 17.48 , and 17.49 of this chapter . ( b ) An application for authority to construct a new station pursuant to this subpart or to make changes in the facilities of such a station, which proposes unattended operation shall include an adequate showing as to the manner of compliance with this section. [ 35 FR 15388 , Oct. 2, 1970, as amended at 37 FR 18540 , Sept. 13, 1972; 38 FR 25992 , Sept. 17, 1973; 60 FR 55484 , Nov. 1, 1995; 63 FR 33879 , June 22, 1998; 67 FR 13234 , Mar. 21, 2002] § 74.1235 Power limitations and antenna systems. ( a ) An application for an FM translator station filed by the licensee or permittee of the primary station to provide fill-in service within the primary station's coverage area will not be accepted for filing if it specifies an effective radiated power (ERP) which exceeds 250 watts. ( b ) An application for an FM translator station, other than one for fill-in service which is covered in paragraph (a) of this section, will not be accepted for filing if it specifies an effective radiated power (ERP) which exceeds the maximum ERP (MERP) value determined in accordance with this paragraph (b) . The antenna height above average terrain (HAAT) shall be determined in accordance with § 73.313(d) of this chapter for each of 12 distinct radials, with each radial spaced 30 degrees apart and with the bearing of the first radial bearing true north. Each radial HAAT value shall be rounded to the nearest meter. For each of the 12 radial directions, the MERP is the value corresponding to the calculated HAAT in the following tables that is appropriate for the location of the translator. For an application specifying a nondirectional transmitting antenna, the specified ERP must not exceed the smallest of the 12 MERP's. For an application specifying a directional transmitting antenna, the ERP in each azimuthal direction must not exceed the MERP for the closest of the 12 radial directions. ( 1 ) For FM translators located east of the Mississippi River or in Zone I-A as described in § 73.205(b) of this chapter : Radial HAAT (meters) Maximum ERP (MERP in watts) Less than or equal to 32 250 33 to 39 170 40 to 47 120 48 to 57 80 58 to 68 55 69 to 82 38 83 to 96 27 97 to 115 19 116 to 140 13 Greater than or equal to 141 10 ( 2 ) For FM translators located in all other areas: Radial HAAT (meters) Maximum ERP (MERP in watts) Less than or equal to 107 250 108 to 118 205 119 to 130 170 131 to 144 140 145 to 157 115 158 to 173 92 174 to 192 75 193 to 212 62 213 to 235 50 236 to 260 41 261 to 285 34 286 to 310 28 311 to 345 23 346 to 380 19 381 to 425 15.5 426 to 480 13 481 to 540 11 Greater than or equal to 541 10 ( c ) The effective radiated power of FM booster stations shall be limited such that the predicted service contour of the booster station, computed in accordance with § 73.313 paragraphs (a) through (d) of this chapter, may not extend beyond the corresponding service contour of the primary FM station that the booster rebroadcasts. In no event shall the ERP of the booster station exceed 20% of the maximum allowable ERP for the primary station's class. ( d ) ( 1 ) Translator or booster stations located within 125 kilometers of the Mexican border may not exceed an ERP of 50 watts (0.050 kW) in the direction of the Mexican border. Such stations also may not produce an interfering contour in excess of 32 km from the transmitter site in the direction of the Mexican border, nor may the 60 dBu service contour exceed 8.7 km from the transmitter site in the direction of the Mexican border. ( 2 ) Translator or booster stations located between 125 kilometers and 320 kilometers from the Mexican border may operate with an ERP in excess of 50 watts. However, in no event shall the location of the 60 dBu contour lie within 116.3 km of the Mexican border. ( 3 ) Applications for translator or booster stations within 320 km of the Canadian border may employ an ERP up to a maximum of 250 watts, as specified in § 74.1235(a) and (b) . The distance to the 34 dBu interfering contour may not exceed 60 km in any direction. ( e ) In no event shall a station authorized under this subpart be operated with a transmitter power output (TPO) in excess of the transmitter certificated rating. A station authorized under this subpart for a TPO that is less than its transmitter certificated rating shall determine its TPO in accordance with § 73.267 of this chapter and its TPO shall not be more than 105 percent of the authorized TPO. ( f ) Composite antennas and antenna arrays may be used where the total ERP does not exceed the maximum determined in accordance with paragraphs (a) , (b) or (c) of this section. ( g ) Either horizontal, vertical, circular or elliptical polarization may be used provided that the supplemental vertically polarized ERP required for circular or elliptical polarization does not exceed the ERP otherwise authorized. Either clockwise or counterclockwise rotation may be used. Separate transmitting antennas are permitted if both horizontal and vertical polarization is to be provided. ( h ) All applications must comply with § 73.316 , paragraphs (d) and (e) of this chapter. ( i ) An application that specifies use of a directional antenna must comply with § 73.316 , paragraphs (c)(1) through (c)(3) of this chapter. Prior to issuance of a license, the applicant must: ( 1 ) Certify that the antenna is mounted in accordance with the specific instructions provided by the antenna manufacturer; and ( 2 ) certify that the antenna is mounted in the proper orientation. In instances where a directional antenna is proposed for the purpose of providing protection to another facility, a condition may be included in the construction permit requiring that before program tests are authorized, a permittee: (1) Must submit the results of a complete proof-of-performance to establish the horizontal plane radiation patterns for both the horizontally and vertically polarized radiation components; and, (2) must certify that the relative field strength of neither the measured horizontally nor vertically polarized radiation component shall exceed at any azimuth the value indicated on the composite radiation pattern authorized by the construction permit. Note: Existing licensees and permittees that do not furnish data sufficient to calculate the contours in conformance with § 74.1204 will be assigned protected contours having the following radii: Up to 10 watts—1 mile (1.6 km) from transmitter site. Up to 100 watts—2 miles (3.2 km) from transmitter site. Up to 250 watts—4 miles (6.5 km) from transmitter site. ( j ) FM translator stations authorized prior to June 1, 1991, with facilities that do not comply with the ERP limitation of paragraph (a) or (b) of this section, as appropriate, may continue to operate, provided that operation is in conformance with § 74.1203 regarding interference. Applications for major changes in FM translator stations must specify facilities that comply with paragraph (a) or (b) of this section, as appropriate. [ 55 FR 50697 , Dec. 10, 1990, as amended at 56 FR 56170 , Nov. 1, 1991; 58 FR 42026 , Aug. 6, 1993; 62 FR 51063 , Sept. 30, 1997; 63 FR 33879 , June 22, 1998; 63 FR 36605 , July 7, 1998; 87 FR 15344 , Mar. 18, 2022; 89 FR 26793 , Apr. 16, 2024] § 74.1236 Emission and bandwidth. ( a ) The license of a station authorized under this subpart allows the transmission of either F3 or other types of frequency modulation (see § 2.201 of this chapter ) upon a showing of need, as long as the emission complies with the following: ( 1 ) For transmitter output powers no greater than 10 watts, paragraphs (b) , (c) , and (d) of this section apply. ( 2 ) For transmitter output powers greater than 10 watts, § 73.317 (a) , (b) , (c) , and (d) apply. ( b ) Standard width FM channels will be assigned and the transmitting apparatus shall be operated so as to limit spurious emissions to the lowest practicable value. Any emissions including intermodulation products and radiofrequency harmonics which are not essential for the transmission of the desired aural information shall be considered to be spurious emissions. ( c ) The power of emissions appearing outside the assigned channel shall be attenuated below the total power of the emission as follows: Distance of emission from center frequency Minimum attenuation below unmodulated carrier 120 to 240 kHz 25 dB Over 240 and up to 600 kHz 35 dB Over 600 kHz 60 dB ( d ) Greater attenuation than that specified in paragraph (c) of this section may be required if interference results outside the assigned channel. [ 35 FR 15388 , Oct. 2, 1970, as amended at 52 FR 31406 , Aug. 20, 1987; 55 FR 50698 , Dec. 10, 1990] § 74.1237 Antenna location. ( a ) An applicant for a new station to be authorized under this subpart or for a change in the facilities of such a station shall endeavor to select a site which will provide a line-of-sight transmission path to the entire area intended to be served and at which there is available a suitable signal from the primary station. The transmitting antenna should be placed above growing vegetation and trees lying in the direction of the area intended to be served, to minimize the possiblity of signal absorption by foliage. ( b ) Consideration should be given to accessibility of the site at all seasons of the year and to the availability of facilities for the maintenance and operation of the FM translator. ( c ) Consideration should be given to the existence of strong radiofrequency fields from other transmitters at the translator site and the possibility that such fields may result in the retransmission of signals originating on frequencies other than that of the primary station. ( d ) The transmitting antenna of an FM booster station shall be located within the protected contour of its primary station, subject to Note, § 74.1231 (h) . The transmitting antenna of a commonly owned commercial FM translator station shall be located within the protected contour of its commercial primary FM station. ( e ) Where an FM translator or booster licensee or permittee proposes to mount its antenna on or near an AM tower, as defined in § 1.30002 , the FM translator or booster licensee or permittee must comply with § 1.30003 or § 1.30002 . [ 35 FR 15388 , Oct. 2, 1970, as amended at 55 FR 50698 , Dec. 10, 1990; 58 FR 42026 , Aug. 6, 1993; 62 FR 51063 , Sept. 30, 1997; 78 FR 66298 , Nov. 5, 2013] § 74.1250 Transmitters and associated equipment. ( a ) FM translator and booster transmitting apparatus, and exciters employed to provide a locally generated and modulated input signal to translator and booster equipment, used by stations authorized under the provisions of this subpart must be certified upon the request of any manufacturer of transmitters in accordance with this section and subpart J of part 2 of this chapter . In addition, FM translator and booster stations may use FM broadcast transmitting apparatus authorized via Supplier's Declaration of Conformity or approved under the provisions of part 73 of this chapter . Note 1 to paragraph ( a ): The Declaration of Conformity procedure has been replaced by Supplier's Declaration of Conformity. Equipment previously authorized under subpart J of part 2 of this chapter may remain in use. See § 2.950 of this chapter . ( b ) Transmitting antennas, antennas used to receive signals to be rebroadcast, and transmission lines are not subject to the requirement for certification. ( c ) The following requirements must be met before translator, booster or exciter equipment will be certified in accordance with this section: ( 1 ) Radio frequency harmonics and spurious emissions must conform with the specifications of § 74.1236 of this part . ( 2 ) The local oscillator or oscillators, including those in an exciter employed to provide a locally generated and modulated input signal to a translator or booster, when subjected to variations in ambient temperature between minus 30 degrees and plus 50 degrees centigrade, and in primary supply voltage between 85 percent and 115 percent of the rated value, shall be sufficiently stable to maintain the output center frequency within plus or minus 0.005 percent of the operating frequency and to enable conformance with the specifications of § 74.1261 of this part . ( 3 ) The apparatus shall contain automatic circuits to maintain the power output in conformance with § 74.1235(e) of this part . If provision is included for adjusting the power output, then the normal operating constants shall be specified for operation at both the rated power output and the minimum power output at which the apparatus is designed to operate. The apparatus shall be equipped with suitable meters or meter jacks so that the operating constants can be measured while the apparatus is in operation. ( 4 ) Apparatus rated for transmitter power output of more than 1 watt shall be equipped with automatic circuits to place it in a nonradiating condition when no input signal is being received in conformance with § 74.1263(b) of this part and to transmit the call sign in conformance with § 74.1283(c)(2) of this part . ( 5 ) For exciters, automatic means shall be provided for limiting the level of the audio frequency voltage applied to the modulator to ensure that a frequency swing in excess of 75 kHz will not occur under any condition of the modulation. [ 55 FR 50698 , Dec. 10, 1990, as amended at 63 FR 36606 , July 7, 1998; 82 FR 50836 , Nov. 2, 2017] § 74.1251 Technical and equipment modifications. ( a ) No change, either mechanical or electrical, except as provided in part 2 of this chapter , may be made in FM translator or booster apparatus which has been certificated by the Commission without prior authority of the Commission. ( b ) Formal application on FCC Form 349 is required of all permittees and licensees for any of the following changes: ( 1 ) Replacement of the transmitter as a whole, except replacement with a transmitter of identical power rating which has been certificated by the FCC for use by FM translator or FM booster stations, or any change which could result in the electrical characteristics or performance of the station. Upon the installation or modification of the transmitting equipment for which prior FCC authority is not required under the provisions of this paragraph, the licensee shall place in the station records a certification that the new installation complies in all respects with the technical requirements of this part and the terms of the station authorization. ( 2 ) A change in the transmitting antenna system, including the direction of radiation or directive antenna pattern. ( 3 ) Any change in the overall height of the antenna structure except where notice to the Federal Aviation Administration is specifically not required under § 17.14(b) of this chapter . ( 4 ) Any change in the location of the translator or booster except a move within the same building or upon the same pole or tower. ( 5 ) Any horizontal change in the location of the antenna structure which would ( i ) be in excess of 152.4 meters (500 feet), or ( ii ) would require notice to the Federal Aviation Administration pursuant to § 17.7 of the FCC's rules. ( 6 ) Any change in the output frequency of a translator. ( 7 ) Any increase of authorized effective radiated power. FM translator and booster stations may decrease ERP on a modification of license application provided that exhibits are included to demonstrate that the following requirements are met: ( i ) The license application may not propose to eliminate the authorized horizontally polarized ERP, if a horizontally polarized ERP is currently authorized; ( ii ) The installed height of the antenna radiation center is not increased by more than two meters nor decreased by more than four meters from the authorized height for the antenna radiation center; and ( iii ) The station is not presently authorized with separate horizontal and vertical antennas mounted at different heights. Use of separate horizontal and vertical antennas requires a construction permit before implementation or changes. ( 8 ) Any change in area being served. ( c ) Changes in the primary FM station being retransmitted must be submitted to the FCC in writing. ( d ) Any application proposing a change in the height of the antenna structure or its location must also include the Antenna Structure Registration Number (FCC Form 854R) of the antenna structure upon which it proposes to locate its antenna. In the event the antenna structure does not have a Registration Number, either the antenna structure owner shall file FCC Form 854 (“Application for Antenna Structure Registration”) in accordance with part 17 of this chapter or the applicant shall provide a detailed explanation why registration and clearance are not required. [ 35 FR 15388 , Oct. 2, 1970, as amended at 45 FR 26068 , Apr. 17, 1980; 47 FR 24580 , June 7, 1982; 50 FR 3525 , Jan. 25, 1985; 50 FR 23710 , June 5, 1985; 55 FR 50698 , Dec. 10, 1990; 61 FR 4368 , Feb. 6, 1996; 63 FR 33879 , June 22, 1998; 63 FR 36606 , July 7, 1998; 65 FR 79780 , Dec. 20, 2000] § 74.1261 Frequency tolerance. ( a ) The licensee of an FM translator or booster station with an authorized transmitter power output of 10 watts or less shall maintain the center frequency at the output of the translator within 0.01 percent of its assigned frequency. ( b ) The licensee of an FM translator or booster station with an authorized transmitter power output greater than 10 watts shall maintain the center frequency at the output of the translator or booster station in compliance with the requirement of § 73.1545(b)(1) of this chapter . [ 55 FR 50699 , Dec. 10, 1990] § 74.1262 Frequency monitors and measurements. ( a ) The licensee of a station authorized under this subpart is not required to provide means for measuring the operating frequency of the transmitter. However, only equipment having the required stability will be approved for use by an FM translator or booster. ( b ) In the event that a station authorized under this subpart is found to be operating beyond the frequency tolerance prescribed in § 74.1261 , the licensee shall promptly suspend operation of the station and shall not resume operation until the station has been restored to its assigned frequency. Adjustment of the frequency determining circuits of an FM translator or booster shall be made by a qualified person in accordance with § 74.1250(g) . § 74.1263 Time of operation. ( a ) The licensee of an FM translator or booster station is not required to adhere to any regular schedule of operation. However, the licensee of an FM translator or booster station is expected to provide a dependable service to the extent that such is within its control and to avoid unwarranted interruptions to the service provided. ( b ) An FM booster or FM Translator station rebroadcasting the signal of an AM, FM or LPFM primary station shall not be permitted to radiate during extended periods when signals of the primary station are not being retransmitted. Notwithstanding the foregoing, FM translators rebroadcasting Class D AM stations may continue to operate during nighttime hours only if the AM station has operated within the last 24 hours. ( c ) The licensee of an FM translator or booster station must notify the Commission of its intent to discontinue operations for 30 or more consecutive days. Notification must be made within 10 days of the time the station first discontinues operation and Commission approval must be obtained for such discontinued operation to continue beyond 30 days. The notification shall specify the causes of the discontinued operation and a projected date for the station's return to operation, substantiated by supporting documentation. If the projected date for the station's return to operation cannot be met, another notification and further request for discontinued operations must be submitted in conformance with the requirements of this section. Within 48 hours of the station's return to operation, the licensee must notify the Commission of such fact. All notification must be in writing. ( d ) The licensee of an FM translator or booster station must notify the Commission of its intent to permanently discontinue operations at least two days before operation is discontinued. Immediately after discontinuance of operation, the licensee shall forward the station license and other instruments of authorization to the FCC, Washington, DC for cancellation. ( e ) Failure of an FM translator or booster station to operate for a period of 30 or more consecutive days, except for causes beyond the control of the licensee or authorized pursuant to paragraph (c) of this section, shall be deemed evidence of discontinuation of operation and the license of the station may be cancelled at the discretion of the Commission. Furthermore, the station's license will expire as a matter of law, without regard to any causes beyond control of the licensee or to any authorization pursuant to paragraph (c) of this section, if the station fails to transmit broadcast signals for any consecutive 12-month period, notwithstanding any provision, term, or condition of the license to the contrary. [ 55 FR 50699 , Dec. 10, 1990, as amended at 61 FR 28768 , June 6, 1996; 74 FR 45130 , Sept. 1, 2009; 85 FR 35574 , June 11, 2020; 86 FR 37061 , July 14, 2021] § 74.1269 Familiarity with FCC rules. Each licensee or permittee of a station authorized under this subpart shall be familiar with those rules relating to stations authorized under this subpart. Copies of the Commission's Rules may be obtained from the Superintendent of Documents, Government Publishing Office, Washington, DC 20401, or accessed online at https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR . [ 83 FR 13683 , Mar. 30, 2018] § 74.1281 Station records. ( a ) The licensee of a station authorized under this Subpart shall maintain adequate station records, including the current instrument of authorization, official correspondence with the FCC, maintenance records, contracts, permission for rebroadcasts, and other pertinent documents. ( b ) Entries required by § 17.49 of this chapter concerning any observed or otherwise known extinguishment or improper functioning of a tower light: ( 1 ) The nature of such extinguishment or improper functioning. ( 2 ) The date and time the extinguishment of improper operation was observed or otherwise noted. ( 3 ) The date, time and nature of adjustments, repairs or replacements made. ( c ) The station records shall be maintained for inspection at a residence, office, or public building, place of business, or other suitable place, in one of the communities of license of the translator or booster, except that the station records of a booster or translator licensed to the licensee of the primary station may be kept at the same place where the primary station records are kept. The station records shall be made available upon request to any authorized representative of the Commission. ( d ) Station logs and records shall be retained for a period of two years. [ 48 FR 44807 , Sept. 30, 1983, as amended at 84 FR 2759 , Feb. 8, 2019] § 74.1283 Station identification. ( a ) The call sign of an FM broadcast translator station will consist of the initial letter K or W followed by the channel number assigned to the translator and two letters. The use of the initial letter will generally conform to the pattern used in the broadcast service. The two letter combinations following the channel number will be assigned in order and requests for the assignment of particular combinations of letters will not be considered. ( b ) The call sign of an FM booster station or LPFM booster will consist of the call sign of the primary station followed by the letters “FM” or “LP” and the number of the booster station being authorized, e.g., WFCCFM-1 or WFCCLP-1. ( c ) A translator station authorized under this subpart shall be identified by one of the following methods. ( 1 ) By arranging for the primary station whose station is being rebroadcast to identify the translator station by call sign and location. Three such identifications shall be made during each day: once between 7 a.m. and 9 a.m., once between 12:55 p.m. and 1:05 p.m. and once between 4 p.m. and 6 p.m. Stations which do not begin their broadcast before 9 a.m. shall make their first identification at the beginning of their broadcast days. The licensee of an FM translator whose station identification is made by the primary station must arrange for the primary station licensee to keep in its file, and to make available to FCC personnel, the translator's call letters and location, giving the name, address and telephone number of the licensee or his service representative to be contacted in the event of malfunction of the translator. It shall be the responsibility of the translator licensee to furnish current information to the primary station licensee for this purpose. ( 2 ) By transmitting the call sign in International Morse Code at least once each hour. Transmitters of FM broadcast translator stations of more than 1 watt transmitter output power must be equipped with an automatic keying device that will transmit the call sign at least once each hour, unless there is in effect a firm agreement with the translator's primary station as provided in § 74.1283(c)(1) of this section. Transmission of the call sign can be accomplished by: ( i ) Frequency shifting key; the carrier shift shall not be less than 5 kHz nor greater than 25 kHz. ( ii ) Amplitude modulation of the FM carrier of at least 30 percent modulation. The audio frequency tone use shall not be within 200 hertz of the Emergency Broadcast System Attention signal alerting frequencies. ( d ) FM broadcast booster stations shall be identified by their primary stations, by the broadcasting of the primary station's call signs and location, in accordance with the provisions of § 73.1201 of this chapter . ( e ) The Commission may, in its discretion, specify other methods of identification. [ 55 FR 50699 , Dec. 10, 1990, as amended at 85 FR 35574 , June 11, 2020] § 74.1284 Rebroadcasts. ( a ) The term rebroadcast means the reception by radio of the programs or other signals of a radio station and the simultaneous retransmission of such programs or signals for direct reception by the general public. ( b ) The licensee of an FM translator shall not rebroadcast the programs of any AM or FM broadcast station or other FM translator without obtaining prior consent of the primary station whose programs are proposed to be retransmitted. The Commission shall be notified of the call letters of each station rebroadcast and the licensee of the FM translator shall certify that written consent has been received from the licensee of the station whose programs are retransmitted. ( c ) An FM translator is not authorized to rebroadcast the transmissions of any class of station other than an AM or FM broadcast station or another FM translator. [ 35 FR 15388 , Oct. 2, 1970, as amended at 74 FR 45130 , Sept. 1, 2009] § 74.1290 [Reserved] Alphabetical Index—Part 74 A Additional orders by FCC (All Services) 74.28 Antenna, Directional (Aural STL/Relays) 74.536 Antenna location— LPTV/TV Translator 74.737 FM Translators/Boosters 74.1237 Antenna structure, marking and lighting (All Services) 74.30 Antenna structure, Use of common (All Services) 74.22 Antenna systems (TV Auxiliaries) 74.641 Antennas (ITFS) 74.937 Application Processing—ITFS 74.911 Application requirements of Part 73 applicable to ITFS 74.910 Applications, Notification of filing (All Services) 74.12 Assignment, Frequency— Experimental Broadcast Station 74.103 Remote Pickup 74.402 Aural broadcast auxiliary stations 74.502 TV Auxiliaries 74.602 LPTV/TV Translators 74.702 ITFS 74.902 FM Translators/Boosters 74.1202 Authorization of equipment— Aural Auxiliary 74.550 Remote Pickup 74.451 TV Auxiliaries 74.655 Lw Power Auxiliaries 74.851 ITFS 74.952 FM Translators/Boosters 74.1250 Authorization, Temporary— Aural broadcast auxiliary stations 74.537 Remote Pickup 74.433 TV Auxiliaries 74.633 Low Power Auxiliaries 74.833 Authorized emission— Experimental Broadcast Station 74.133 Remote Pickup 74.462 Aural broadcast auxiliary stations 74.535 TV Auxiliaries 74.637 LPTV/TV Translators 74.736 ITFS 74.936 FM Translators/Boosters 74.1236 Authorized frequencies (remote broadcast pickup) 74.402 Automatic relay stations (Remote pickup) 74.436 Avoidance of interference (TV Auxiliaries) 74.604 BP='02'> Bandwidth and emissions authorized— Remote Pickup 74.462 Aural broadcast auxiliary stations 74.535 LPTV/TV Translators 74.736 IFTS 74.936 FM Translators/Boosters 74.1236 Boosters, Signal UHF translator 74.733 Broadcast regulations applicable to LPTV, TV translators, and TV boosters 74.780 Broadcasting emergency information (All services) 74.21 C Changes of Equipment— Experimental Broadcast Stations 74.151 Remote Pickup 74.452 Aural broadcast auxiliary stations 74.551 TV Auxiliaries 74.651 ITFS 74.951 Channel assignments (LPTV/TV Translator) 74.702 Channels, Sound (TV Auxiliaries) 74.603 Charges, Program Service, (Experimental Broadcast Stations) 74.182 Classes of stations— Aural broadcast auxiliary stations 74.501 TV Auxiliaries 74.601 Construction permit, Statement of understanding, (Experimental Broadcast Stations) 74.112 Copies of the rules— LPTV/TV Translators 74.769 ITFS 74.969 FM Translators/Boosters 74.1269 Cross Reference (All Services) 74.5 D Definitions— General 74.2 Remote Pickup 74.401 LPTV/TV translators 74.701 Low Power Auxiliaries 74.801 ITFS 74.901 FM Translators/Boosters 74.1201 Directional antenna required (Aural STL/Relays) 74.536 E Emergency information Broadcasting (All Services) 74.21 Emission authorized— Experimental Broadcast Stations 74.133 Remote Pickup 74.462 Aural broadcast auxiliary stations 74.535 TV Auxiliaries 74.637 LPTV/TV Translators 74.736 ITFS 74.936 FM Translators/Boosters 74.1236 Equipment and installation— FM Translators/Boosters 74.1250 Equipment authorization— Aural broadcast auxiliary stations 74.550 Remote Pickup 74.451 TV Auxiliaries 74.655 Low Power Auxiliaries 74.851 ITFS 74.952 FM Translators/Boosters 74.1250 Equipment Changes— Experimental Broadcast Station 74.151 Remote Pickup 74.452 Aural broadcast auxiliary stations 74.551 TV Auxiliaries 74.651 LPTV/TV Translators 74.751 Low Power Auxiliaries 74.852 ITFS 74.951 FM Translators/Boosters 74.1251 Equipment, Notification of— Aural broadcast auxiliary stations 74.550 TV Auxiliaries 74.655 Equipment Performance— FM Tanslators/Boosters 74.1250 Equipment tests (All Services) 74.13 Experimental Broadcast station 74.101 Experimental Broadcast Station, Uses of 74.102 Extension of station licenses, Temporary (All Services) 74.16 F Filing of applications, Notification of (All Services) 74.12 Frequencies, Authorized (Remote broadcast pickup) 74.402 Frequency assignment— Experimental Broadcast Stations 74.103 Remote Pickup 74.402 Aural broadcast auxiliary stations 74.502 TV Auxiliary 74.602 LPTV/TV Translators 74.702 Low Power Auxiliaries 74.802 ITFS 74.902 FM Translators/Boosters 74.1202 Frequency monitors and measurements— Experimental Broadcast Stations 74.162 Remote Pickup 74.465 Aural broadcast auxiliary stations 74.562 TV Auxiliaries 74.662 LPTV/TV Translators 74.762 ITFS 74.962 FM Translators/Boosters 74.1262 Frequency tolerance— Experimental Broadcast Stations 74.161 Remote Pickup 74.464 Aural broadcast auxiliary stations 74.561 TV Auxiliaries 74.661 LPTV/TV Translators 74.761 ITFS 74.961 FM Translator/Boosters 74.1261 I Identification of station— Experimental Broadcast Stations 74.183 Remote Pickup 74.482 Aural broadcast auxiliary stations 74.582 TV Auxiliaries 74.682 LPTV/TV Translators 74.783 Low Power Auxiliaries 74.882 ITFS 74.982 FM Translators/Boosters 74.1283 Information on the Internet, FM translator and booster stations 74.1290 Inspection of station by FCC (All Services) 74.3 Interference— LPTV/TV Translators 74.703 ITFS 74.903 FM Translators/Boosters 74.1203 Interference avoidance (TV Auxiliaries) 74.604 Interference—safety of life and property (All Services) 74.23 ITFS— Application processing 74.911 Application requirements from part 73 74.910 Interference 74.903 Petition to deny 74.912 Purpose and permissible service 74.931 Response station hubs 74.939 Response stations (individually licensed) 74.940 Response stations (ITFS; individually licensed) 74.949 Signal booster stations 74.985 Transmission standards 74.938 Wireless cable use 74.990 L Land mobile station protection (from LPTV) 74.709 License period, Station (All Services) 74.15 Licenses, Posting of— Experimental Broadcast Stations 74.165 Remote pickup broadcast stations 74.432 Aural broadcast auxiliary stations 74.564 TV Auxiliaries 74.664 LPTV/TV Translators 74.765 Low power auxiliary stations 74.832 ITFS 74.965 FM Translators/Boosters 74.1265 Licenses, station, Temporary extension (All Services) 74.16 Licensing requirements— Experimental Broadcast Stations 74.131 Remote Pickup 74.432 Aural broadcast auxiliary stations 74.532 TV Auxiliaries 74.632 LPTV/TV Translators 74.732 Low Power Auxiliaries 74.832 ITFS 74.932 FM Translators/Boosters 74.1232 Lighting and Marking of antenna structures (All Services) 74.30 Limitations on power— Experimental Broadcast Stations 74.132 Remote Pickup 74.461 Aural broadcast auxiliary stations 74.534 TV Auxiliaries 74.636 LPTV/TV Translators 74.735 ITFS 74.935 FM Translators/Boosters 74.1235 LPTV, Broadcast rules applicable to 74.780 M Marking and lighting of antenna structures (All Services) 74.30 Modification of transmission systems— LPTV/TV Translators 74.751 ITFS 74.951 FM Translators and Boosters 74.1251 Modulation limits— TV Auxiliaries 74.663 ITFS 74.970 Modulation monitors and measurements (ITFS) 74.971 Modulation requirements (Remote Pickup) 74.463 Monitors and measurements, Frequency— Experimental Broadcast Stations 74.162 Remote Pickup 74.465 Aural broadcast auxiliary stations 74.562 TV Auxiliaries 74.662 LPTV/TV Translators 74.762 ITFS 74.962 FM Translators/Boosters 74.1262 Multiple ownership— Experimental Broadcast Stations 74.134 LPTV/TV Translator 74.732 N Notification of filing of applications (All Services) 74.12 O Operation, Remote control— Aural broadcast auxiliary stations 74.533 TV Auxiliaries 74.634 Operation, Short term (All Services) 74.24 Operation, Time of— Experimental Broadcast Stations 74.163 LPTV/TV Translator 74.763 ITFS 74.963 FM Translator/Boosters 74.1263 Operation, Unattended (and/or attended)— Aural broadcast auxiliary stations 74.533 TV Auxiliaries 74.635 LPTV/TV Translators 74.734 ITFS 74.934 FM Translators/Boosters 74.1234 Operator requirements, General (All Services) 74.18 Orders, Additional (All Services) 73.28 Ownership, Multiple— Experimental Broadcast Stations 74.134 LPTV/TV Translators 74.732 P Permissible service— Aural broadcast auxiliary stations 74.531 TV Auxiliaries 74.631 LPTV/TV Translators 74.731 Low Power Auxiliaries 74.831 ITFS 74.931 FM Translators/Boosters 74.1231 Petitions to deny: ITFS 74.912 Posting of licenses— Experimental Broadcast Stations 74.165 Remote pickup broadcast stations 74.432 Aural broadcast auxiliary stations 74.564 TV Auxiliaries 74.664 LPTV/TV Translators 74.765 Low power auxiliary stations 74.832 ITFS 74.965 FM Translators/Boosters 74.1265 Power limitations— Experimental Broadcast Stations 74.132 Aural broadcast auxiliary stations 74.534 TV Auxiliaries 74.636 LPTV/TV Translators 74.735 ITFS 74.935 FM Translators/Boosters 74.1235 Program or service tests (All Services) 74.14 Program service, Charges (Experimental Broadcast Stations) 74.182 Protection by LPTV— To broadcast stations 74.705 To other LPTV and TV Translator stations 74.707 To Land Mobile stations 74.709 Purpose of service— LPTV/TV Translators 74.731 ITFS 74.931 FM Translators/Boosters 74.1231 R Rebroadcasts— Experimental Broadcast Stations 74.184 LPTV/TV Translators 74.784 ITFS 74.984 FM Translators/Boosters 74.1284 Records, Station (Experimental Broadcast Stations) 74.181 Regulations, Broadcast, applicable to LPTV and TV translators 74.780 Relay stations, Automatic, (Remote Pickup) 74.436 Remote pickup broadcast frequencies 74.402 Remote control operation— Aural broadcast auxiliary stations 74.533 TV Auxiliaries 74.634 Remote pickup stations, Rules special to 74.431 Renewal, Supplementary report (Experimental Broadcast Stations) 74.113 Response station hubs (ITFS) 74.939 Response stations (ITFS; individually licensed) 74.940 Rules, Copies of— LPTV/TV Translators 74.769 ITFS 74.969 FM Translators/Boosters 74.1269 Rules special to Remote Pickup stations 74.431 S Safety of life and property-interference jeopardy (All services) 74.23 Scope (of Subpart—General) 74.1 Service or program tests (All Services) 74.14 Service, Permissible— Aural broadcast auxiliary stations 74.531 TV Auxiliaries 74.631 LPTV/TV Translators 74.731 Low Power Auxiliaries 74.831 ITFS 74.931 FM Translators/Boosters 74.1231 Service, Scope of (Low Power Auxiliaries) 74.831 Short term operation (All services) 74.24 Signal boosters— UHF translator (LPTV/TV Translators) 74.733 ITFS 74.985 Sound channels (TV Auxiliaries) 74.603 Statement of understanding (Construction permit-Experimental Broadcast Stations) 74.112 Station identification— Experimental Broadcast Stations 74.183 Remote Pickup 74.482 Aural broadcast auxiliary stations 74.582 TV Auxiliaries 74.682 LPTV/TV Translators 74.783 Low Power Auxiliaries 74.882 ITFS 74.982 FM Translators/Boosters 74.1283 Station inspection by FCC (All Services) 74.3 Station license period (All Services) 74.15 Station records (Experimental Broadcast Stations) 74.181 T Technical requirements (Low Power Auxiliaries) 74.861 Temporary authorizations— Remote Pickup 74.433 Aural broadcast auxiliary stations 74.537 TV Auxiliaries 74.633 Low Power Auxiliaries 74.833 Temporary extension of stations licenses (All Services) 74.16 Tests, Equipment (All Services) 74.13 Tests, Service or program (All Services) 74.14 Time of operation— Experimental Broadcast Stations 74.163 LPTV/TV Translators 74.763 ITFS 74.963 FM Translators/Boosters 74.1263 Tolerance, Frequency— Experimental Broadcast Stations 74.161 Remote Pickup 74.464 Aural broadcast auxiliary stations 74.561 TV Auxiliaries 74.661 LPTV/TV Translators 74.761 ITFS 74.961 FM Translator/Boosters 74.1261 Translator signal boosters, UHF (LPTV/TV Translators) 74.733 Translators, TV, Purpose of (LPTV/TV Translators) 74.731 Transmission standards (ITFS) 74.938 Transmission system facilities (LPTV/TV Translators) 74.750 Transmission systems, modification of— LPTV/TV Translator 74.751 ITFS 74.951 FM Translators/Boosters 74.1251 Transmissions, Permissible (Low Power Auxiliaries) 74.831 Transmitter power (Remote Pickup) 74.461 Transmitters and associated equipment (FM Translators/Boosters) 74.1250 TV boosters, Broadcast rules applicable to (LPTV/TV Translators/TV Boosters 74.780 TV Broadcast station protection (from LPTV/TV Translators) 74.705 TV, Low Power and translators, protection to (LPTV/TV Translators) 74.707 TV translators, Broadcast rules applicable to (LPTV/TV Translators) 74.780 U UHF translator signal boosters (LPTV/TV Translators) 74.733 Unattended operation— Aural broadcast auxiliary stations 74.531 TV Auxiliaries 74.635 LPTV/TV Translators 74.734 ITFS 74.934 FM Translators/Boosters 74.1234 Use of common antenna structure (All services) 74.22 V [Reserved] W Wireless cable usage of ITFS 74.990 X-Z [Reserved] [ 50 FR 38535 , Sept. 23, 1985, as amended at 51 FR 34622 , Sept. 30, 1986; 52 FR 37316 , Oct. 6, 1987; 52 FR 47569 , Dec. 15, 1987; 63 FR 33879 , June 22, 1998; 63 FR 65127 , Nov. 25, 1998; 64 FR 63744 , Nov. 22, 1999]
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PART 78—CABLE TELEVISION RELAY SERVICE Authority: 47 U.S.C. 152 , 153 , 154 , 301 , 303 , 307 , 308 , 309 . Source: 37 FR 3292 , Feb. 12, 1972, unless otherwise noted. Subpart A—General § 78.1 Purpose. The rules and regulations set forth in this part provide for the licensing and operation of fixed or mobile cable television relay service stations (CARS) used for the transmission of television and related audio signals, signals of standard and FM broadcast stations, signals of BRS/EBS fixed stations, and cablecasting from the point of reception to a terminal point from which the signals are distributed to the public by cable. In addition CARS stations may be used to transmit television and related audio signals to TV translator and low-power TV stations. [ 69 FR 72046 , Dec. 10, 2004] § 78.3 Other pertinent rules. Other pertinent provisions of the Commission's rules and regulations relating to the cable television relay service (CARS) are included in the following parts of this chapter: Part 0—Commission Organization. Part 1—Practice and Procedure. Part 2—Frequency Allocations and Radio Treaty Matters; General Rules and Regulations. Part 17—Construction Marking and Lighting of Antenna Structures. Part 21—Domestic Public Fixed Radio Services. Part 74—Experimental, Auxiliary, and Special Broadcast, and Other Program Distribution Services. Part 76—Cable Television Service. Part 101—Fixed Microwave Services. [ 55 FR 46014 , Oct. 31, 1990, as amended at 65 FR 38326 , June 20, 2000] § 78.5 Definitions. For purposes of this part, the following definitions are applicable. For other definitions, see part 76 (Cable Television Service) of this chapter. ( a ) Cable television relay service ( CARS ) station. A fixed or mobile station used for the transmission of television and related audio signals, signals of standard and FM broadcast stations, signals of instructional television fixed stations, and cablecasting from the point of reception to a terminal point from the point of reception to a terminal point from which the signals are distributed to the public. Note: Except where the rules contained in this part make separate provision, the term “Cable Television Relay service” or “CARS” includes the term “Local Distribution Service” or “LDS,” the term “Cable Television Relay service Studio to Headend Link” or “SHL,” and the term “Cable Television Relay PICKUP,” as defined in paragraphs (b) , (c) , and (d) of this section. ( b ) Local distribution service ( LDS ) station. A fixed CARS station used within a cable television system or systems for the transmission of television signals and related audio signals, signals of standard and FM broadcast stations, signals of instructional television fixed stations, and cablecasting from a local transmission point to one or more receiving points, from which the communications are distributed to the public. LDS stations may also engage in repeatered operation. ( c ) Cable Television Relay Service Studio to Headend Link ( SHL ) station. A fixed CARS station used for the transmission of television program material and related communications from a cable television studio to the headend of a cable television system. ( d ) Cable Television Relay Service PICKUP station. A land mobile CARS station used for the transmission of television signals and related communications from the scenes of events occurring at points removed from cable television studios to cable television studios or headends. ( e ) Remote control operation. Operation of a station by a qualified operator on duty at a control position from which the transmitter is not visible but which control position is equipped with suitable control and telemetering circuits so that the essential functions that could be performed at the transmitter can also be performed from the control point. ( f ) Attended operation. Operation of a station by a qualified operator on duty at the place where the transmitting apparatus is located with the transmitter in plain view of the operator. ( g ) Unattended operation. Operation of a station by automatic means whereby the transmitter is turned on and off and performs its functions without attention by a qualified operator. ( h ) Authorized bandwidth. The maximum bandwidth authorized to be used by a station as specified in the station license. (See §§ 2.202 and 78.104 .) ( i ) Cable network-entity. A cable network-entity is an organization which produces programs available for simultaneous transmission by cable systems serving a combined total of at least 5,000,000 subscribers and having distribution facilities or circuits available to such affiliated stations or cable systems. ( j ) Other eligible system. A system comprised of microwave radio channels in the BRS/EBS spectrum (as defined in subpart M of part 27 of this chapter ) that delivers multichannel television service over the air to subscribers. [ 37 FR 3292 , Feb. 12, 1972, as amended at 38 FR 16647 , June 25, 1973; 39 FR 26025 , July 16, 1974; 43 FR 1953 , Jan. 13, 1978; 52 FR 7143 , Mar. 9, 1987; 55 FR 46015 , Oct. 31, 1990; 69 FR 72046 , Dec. 10, 2004] Subpart B—Applications and Licenses § 78.11 Permissible service. ( a ) CARS stations are authorized to relay TV broadcast and low-power TV and related audio signals, the signals of AM and FM broadcast stations, signals of BRS/EBS fixed stations, and cablecasting intended for use by one or more cable television systems or other eligible systems. LDS stations are authorized to relay television broadcast and related audio signals, the signals of AM and FM broadcast stations, signals of BRS/EBS fixed stations, cablecasting, and such other communications as may be authorized by the Commission. Relaying includes retransmission of signals by intermediate relay stations in the system. CARS licensees may interconnect their facilities with those of other CARS, common carrier, or television auxiliary licensees, and may also retransmit the signals of such CARS, common carrier, or television auxiliary stations, provided that the program material retransmitted meets the requirements of this paragraph. ( b ) The transmitter of a CARS station using FM transmission may be multiplexed to provide additional communication channels for the transmission of standard and FM broadcast station programs and operational communications directly related to the technical operation of the relay system (including voice communications, telemetry signals, alerting signals, fault reporting signals, and control signals). A CARS station will be authorized only where the principal use is the transmission of television broadcast program material or cablecasting: Provided, however, That this requirement shall not apply to LDS stations. ( c ) CARS station licenses may be issued to cable television owners or operators or other eligible system owners or operators, and to cooperative enterprises owned by cable television owners or operators or other eligible system owners or operators. Television translator licensees may be members of such cooperative enterprises. ( d ) CARS systems shall supply program material to cable television systems, other eligible systems, and translator stations only in the following circumstances. ( 1 ) Where the licensee of the CARS station or system is owner or operator of the cable television systems or other eligible systems supplied with program material; or ( 2 ) Where the licensee of the CARS station or system supplies program material to cable television systems, other eligible systems, or television translator stations either without charge or on a non-profit, cost-sharing basis pursuant to a written contract between the parties involved which provides that the CARS licensee shall have exclusive control over the operation of the CARS stations licensed to him and that contributions to capital and operating expenses are accepted only on a cost-sharing, nonprofit basis, prorated on an equitable basis among all cable television systems or other eligible systems being supplied with program material in whole or in part. Charges for the programming material are not subject to this restriction and cable network-entities may fully charge for their services. Records showing the cost of the service and its nonprofit, cost-sharing nature shall be maintained by the CARS licensee and held available for inspection by the Commission. ( e ) The license of a CARS pickup station authorizes the transmission of program material, and related communications necessary to the accomplishment of such transmission, from the scenes of events occurring in places other than a cable television studio or the studio of another eligible system, to the studio, headend, or transmitter of its associated cable television system or other eligible system, or to such other cable television or other eligible systems as are carrying the same program material. CARS pickup stations may be used to provide temporary CARS studio-to-headend links, studio-to-transmitter links, or CARS circuits consistent with this part without further authority of the Commission: Provided, however, That prior Commission authority shall be obtained if the transmitting antenna to be installed will increase the height of any natural formation or manmade structure by more than 6.1 meters (20 feet) and will be in existence for a period of more than 2 consecutive days: And provided, further, That if the transmitting equipment is to be operated for more than 1 day outside of the area to which the CARS station has been licensed, the Commission, the Regional Director for the area in which the station is licensed to operate, and the Regional Director for the area in which the equipment will be temporarily operated shall be notified at least 1 day prior to such operation. If the decision to continue operation for more than 1 day is not made until the operation has begun, notice shall be given to the Commission and the relevant Regional Directors within 1 day after such decision. In all instances, the Commission and the relevant Regional Directors shall be notified when the transmitting equipment has been returned to its licensed area. ( f ) A cable network-entity may use CARS stations to transmit their own television program materials to cable television systems, other eligible systems, other cable network-entities, broadcast stations, and broadcast network-entities: Provided, however, That the bands 2025-2110 MHz, 6425-6526 MHz and 6875-7125 MHz may be used by cable network-entities only for CARS pick-up stations. ( g ) The provisions of paragraph (d) of this section and § 78.13 shall not apply to a licensee who has been licensed in the CARS service pursuant to § 101.705 of this chapter , except that paragraph (d) of this section shall apply with respect to facilities added or cable television and other eligible systems first served after February 1, 1966. [ 37 FR 3292 , Feb. 12, 1972, as amended at 37 FR 15926 , Aug. 8, 1972; 43 FR 1953 , Jan. 13, 1978; 43 FR 25127 , June 9, 1978; 44 FR 32382 , June 6, 1979; 47 FR 21503 , May 18, 1982; 50 FR 23421 , June 4, 1985; 52 FR 7144 , Mar. 9, 1987; 55 FR 46015 , Oct. 31, 1990; 58 FR 44952 , Aug. 25, 1993; 65 FR 38326 , June 20, 2000; 65 FR 48181 , Aug. 7, 2000; 69 FR 72046 , Dec. 10, 2004; 80 FR 53751 , Sept. 8, 2015] § 78.13 Eligibility for license. A license for CARS station will be issued only: ( a ) To the owner or one who is responsible for the management and operation of a cable television system, ( b ) To a cooperative enterprise wholly owned by cable television owners or operators, or ( c ) A cable network-entity upon showing that the applicant is qualified under the Communications Act of 1934, that frequencies are available for the proposed operation, and that the public interest, convenience, and necessity will be served by a grant thereof. ( d ) Licensees and conditional licensees of channels in the BRS/EBS band as defined in § 27.5(i) of this chapter , or entities that hold an executed lease agreement with a BRS/EBS licensee or conditional licensee. ( e ) To private cable operators and other multichannel video programming distributors not specifically identified in this section. [ 52 FR 7144 , Mar. 9, 1987, as amended at 55 FR 46015 , Oct. 31, 1990; 56 FR 57601 , Nov. 13, 1991; 67 FR 43259 , June 27, 2002; 69 FR 72047 , Dec. 10, 2004] § 78.15 Contents of applications. ( a ) Applications for authorization in the Cable Television Relay Service shall be submitted on FCC Form 327, and shall contain the information requested therein. Applications requiring fees as set forth at part 1, subpart G of this chapter must be filed in accordance with § 0.401(b) of the rules. ( b ) An application for a CARS studio to headend link or LDS station license shall contain a statement that the applicant has investigated the possibility of using cable rather than microwave and the reasons why it was decided to use microwave rather than cable. Note: Each applicant filing pursuant to § 78.15 is responsible for the continuing accuracy and completeness of all information in such applications. The provisions of § 1.65 are wholly applicable to applications pursuant to § 78.15 , as well as to amendments filed pursuant to § 78.17 , and objections filed pursuant to § 78.22 , except that where the specific provisins of §§ 78.15 , 78.17 , 78.22 conflict with the provisions of § 1.65 , the specific provisions are controlling, e.g., where requirements for service on specified parties of certain information may vary. ( c ) CARS applicants must follow the procedures prescribed in subpart 1 of part 1 of this chapter ( §§ 1.1301 through 1.1319 ) regarding the filing of environmental assessments unless Commission action authorizing construction of a CARS station would be categorically excluded from the environmental processing requirements under § 1.1306 of this chapter . [ 41 FR 3719 , Jan. 23, 1976, as amended at 41 FR 32429 , Aug. 3, 1976; 42 FR 61864 , Dec. 7, 1977; 50 FR 23421 , June 4, 1985; 52 FR 10231 , Mar. 31, 1987; 55 FR 20398 , May 16, 1990] § 78.16 Who may sign applications. ( a ) Applications, amendments thereto, and related statements of fact required by the Commission shall be personally signed by the applicant, if the applicant is an individual; by one of the partners, if the applicant is a partnership; by an officer, if the applicant is a corporation; or by a member who is an officer, if the applicant is an unincorporated association. Applications, amendments, and related statements of fact filed on behalf of government entities shall be signed by such duly elected or appointed officials as may be competent to do so under the laws of the applicable jurisdiction. ( b ) Applications, amendments thereto, and related statements of fact required by the Commission may be signed by the applicant's attorney in case of the applicant's physical disability or of his absence from the United States. The attorney shall in that event separately set forth the reasons why the application is not signed by the applicant. In addition, if any matter is stated on the basis of the attorney's belief only (rather than his knowledge), he shall separately set forth his reasons for believing that such statements are true. ( c ) Only the original of applications, amendments, or related statements of fact need be signed; copies may be conformed. ( d ) Applications, amendments, and related statements of fact need not be submitted under oath. Willful false statements made therein, however, are punishable by fine and imprisonment, United States Code, title 18, section 1001, and by appropriate administrative sanctions, including revocation of station license pursuant to section 312(a)(1) of the Communications Act of 1934, as amended. [ 37 FR 15926 , Aug. 8, 1972] § 78.17 Amendment of applications. Any application may be amended as a matter of right prior to the adoption date of any final action taken by the Commission with respect to the application. If a petition to deny has been filed, the amendment shall be served on the petitioner. [ 68 FR 27004 , May 19, 2003] § 78.18 Frequency assignments. ( a ) The Cable Television Relay Service is assigned the band of frequencies from 12.70 to 13.20 GHz. This band is shared with the Fixed-Satellite Service (earth-to-space) from 12.70 to 12.75 GHz and Television Auxiliary Broadcast Stations from 12.70 to 13.20 GHz. The following channels may be assigned to CARS stations for the propagation of radio waves with the indicated polarization: ( 1 ) For CARS stations using FM transmission: Group A Channels Designation Channel boundaries (GHz) A01 1 12.700-12.725 A02 1 12.725-12.750 A03 1 12.750-12.775 A04 1 12.775-12.800 A05 1 12.800-12.825 A06 1 12.825-12.850 A07 1 12.850-12.875 A08 1 12.875-12.900 A09 1 12.900-12.925 A10 1 12.925-12.950 A11 1 12.950-12.975 A12 1 12.975-13.000 A13 1 13.000-13.025 A14 1 13.025-13.050 A15 1 13.050-13.075 A16 1 13.075-13.100 A17 1 13.100-13.125 A18 1 13.125-13.150 A19 1 2 13.150-13.175 A20 1 2 13.170-13.200 1 Appropriate polarization designation: H = Horizontally polarized propagated radio wave. V = Vertically polarized propagated radio wave. R = Right-handed (clockwise) elliptically polarized propagated radio wave. L = Left-handed (counter-clockwise) elliptically polarized propagated radio wave. 2 See paragraph (l) of this section. Note: Polarization designations shall be in accordance with IEEE standard 100-1972 as amended. Group B Channels Designation Channel boundaries (GHz) B01 1 12.7125-12.7375 B02 1 12.7375-12.7625 B03 1 12.7625-12.7875 B04 1 12.7875-12.8125 B05 1 12.8125-12.8375 B06 1 12.8375-12.8625 B07 1 12.8625-12.8875 B08 1 12.8875-12.9125 B09 1 12.9125-12.9375 B10 1 12.9375-12.9625 B11 1 12.9625-12.9875 B12 1 12.9875-13.0125 B13 1 13.0125-13.0375 B14 1 13.0375-13.0625 B15 1 13.0625-13.0875 B16 1 13.0875-13.1125 B17 1 13.1125-13.1375 B18 1 2 13.1375-13.1625 B19 1 2 13.1625-13.1875 1 See footnote 1 following GROUP A CHANNELS. 2 See paragraph (l) of this section. Note: Polarization designations shall be in accordance with IEEE standard 100-1972 as amended. ( 2 ) CARS stations using vestigal sideband AM transmission and FM transmission requiring a necessary bandwidth of no more than 6 MHz. Group C Channels Designation Channel boundaries (GHz) [C channels] Alternate change boundaries (GHz) [Ca channels] C01 1 12.7005-12.7065 12.7005-12.7065 C02 1 12.7065-12.7125 12.7065-12.7125 C03 1 12.7125-12.7185 12.7125-12.7185 C04 1 12.7185-12.7225 2 12.7185-12.7245 C05 1 12.7225-12.7285 12.7245-12.7305 C06 1 12.7285-12.7345 12.7305-12.7365 C07 1 12.7345-12.7405 12.7365-12.7425 C08 1 12.7405-12.7465 12.7425-12.7485 C09 1 12.7465-12.7525 12.7485-12.7545 C10 1 12.7525-12.7545 2 C11 1 12.7545-12.7605 12.7545-12.7605 C12 1 12.7605-12.7665 12.7605-12.7665 C13 1 12.7665-12.7725 12.7665-12.7725 C14 1 12.7725-12.7785 12.7725-12.7785 C15 1 12.7785-12.7845 12.7785-12.7845 C16 1 12.7845-12.7905 12.7845-12.7905 C17 1 12.7905-12.7965 12.7905-12.7965 C18 1 12.7965-12.8025 12.7965-12.8025 C19 1 12.8025-12.8085 12.8025-12.8085 C20 1 12.8085-12.8145 12.8085-12.8145 C21 1 12.8145-12.8205 12.8145-12.8205 C22 1 12.8205-12.8265 12.8205-12.8265 C23 1 12.8265-12.8325 12.8265-12.8325 C24 1 12.8325-12.8385 12.8325-12.8385 C25 1 12.8385-12.8445 12.8385-12.8445 C26 1 12.8445-12.8505 12.8445-12.8505 C27 1 12.8505-12.8565 12.8505-12.8565 C28 1 12.8565-12.8625 12.8565-12.8625 C29 1 12.8625-12.8685 12.8625-12.8685 C30 1 12.8685-12.8745 12.8685-12.8745 C31 1 12.8745-12.8805 12.8745-12.8805 C32 1 12.8805-12.8865 12.8805-12.8865 C33 1 12.8865-12.8925 12.8865-12.8925 C34 1 12.8925-12.8985 12.8925-12.8985 C35 1 12.8985-12.9045 12.8985-12.9045 C36 1 12.9045-12.9105 12.9045-12.9105 C37 1 12.9105-12.9165 12.9105-12.9165 C38 1 12.9165-12.9225 12.9165-12.9225 C39 1 12.9225-12.9285 12.9225-12.9285 C40 1 12.9285-12.9345 12.9285-12.9345 C41 1 12.9345-12.9405 12.9345-12.9405 C42 1 12.9405-12.9465 12.9405-12.9465 C43 1 12.9465-12.9525 12.9465-12.9525 1 See footnote 1 following GROUP A CHANNELS. 2 For transmission of pilot subcarriers or other authorized narrow band signals. Group D Channels Designation Channel boundaries (GHz) [D channels] Alternate channel boundaries (GHz) [Da channels] D01 1 12.7597-12.7657 12.7597-12.7657 D02 1 12.7657-12.7717 12.7657-12.7717 D03 1 12.7717-12.7777 12.7717-12.7777 D04 1 12.7777-12.7817 2 12.7777-12.7837 D05 1 12.7817-12.7877 12.7837-12.7897 D06 1 12.7877-12.7937 12.7897-12.7957 D07 1 12.7937-12.7997 12.7957-12.8017 D08 1 12.7997-12.8057 12.8017-12.8077 D09 1 12.8057-12.8117 12.8077-12.8137 D10 1 12.8117-12.8137 2 N/A D11 1 12.8137-12.8197 12.8137-12.8197 D12 1 12.8197-12.8257 12.8197-12.8257 D13 1 12.8257-12.8317 12.8257-12.8317 D14 1 12.8317-12.8377 12.8317-12.8377 D15 1 12.8377-12.8437 12.8377-12.8437 D16 1 12.8437-12.8497 12.8437-12.8497 D17 1 12.8497-12.8557 12.8497-12.8557 D18 1 12.8557-12.8617 12.8557-12.8617 D19 1 12.8617-12.8677 12.8617-12.8677 D20 1 12.8677-12.8737 12.8677-12.8737 D21 1 12.8737-12.8797 12.8737-12.8797 D22 1 12.8797-12.8857 12.8797-12.8857 D23 1 12.8857-12.8917 12.8857-12.8917 D24 1 12.8917-12.8977 12.8917-12.8977 D25 1 12.8977-12.9037 12.8977-12.9037 D26 1 12.9037-12.9097 12.9037-12.9097 D27 1 12.9097-12.9157 12.9097-12.9157 D28 1 12.9157-12.9217 12.9157-12.9217 D29 1 12.9217-12.9277 12.9217-12.9277 D30 1 12.9277-12.9337 12.9277-12.9337 D31 1 12.9337-12.9397 12.9337-12.9397 D32 1 12.9397-12.9457 12.9397-12.9457 D33 1 12.9457-12.9517 12.9457-12.9517 D34 1 12.9517-12.9577 12.9517-12.9577 D35 1 12.9577-12.9637 12.9577-12.9637 D36 1 12.9637-12.9697 12.9637-12.9697 D37 1 12.9697-12.9757 12.9697-12.9757 D38 1 12.9757-12.9817 12.9757-12.9817 D39 1 12.9817-12.9877 12.9817-12.9877 D40 1 12.9877-12.9937 12.9877-12.9937 D41 1 12.9937-12.9997 12.9937-12.9997 D42 1 12.9997-13.0057 12.9997-13.0057 D43 1 13.0057-13.0117 13.0057-13.0117 1 See footnote 1 following GROUP A CHANNELS. 2 For transmission of pilot subcarriers or other authorized narrow band signals. Group E Channels Designation Channel boundaries (GHz) [E channels] Alternate channel boundaries (GHz) [Ea channels] E01 1 12.9525-12.9585 12.9525-12.9585 E02 1 12.9585-12.9645 12.9585-12.9645 E03 1 12.9645-12.9705 12.9645-12.9705 E04 1 12.9705-12.9745 2 12.9705-12.9765 E05 1 12.9745-12.9805 12.9765-12.9825 E06 1 12.9805-12.9865 12.9825-12.9885 E07 1 12.9865-12.9925 12.9885-12.9945 E08 1 12.9925-12.9985 12.9945-13.0005 E09 1 12.9985-13.0045 13.0005-13.0065 E10 1 13.0045-13.0065 2 N/A E11 1 13.0065-13.0125 13.0065-13.0125 E12 1 13.0125-13.0185 13.0125-13.0185 E13 1 13.0185-13.0245 13.0185-13.0245 E14 1 13.0245-13.0305 13.0245-13.0305 E15 1 13.0305-13.0365 13.0305-13.0365 E16 1 13.0365-13.0425 13.0365-13.0425 E17 1 13.0425-13.0485 13.0425-13.0485 E18 1 13.0485-13.0545 13.0485-13.0545 E19 1 13.0545-13.0605 13.0545-13.0605 E20 1 13.0605-13.0665 13.0605-13.0665 E21 1 13.0665-13.0725 13.0665-13.0725 E22 1 13.0725-13.0785 13.0725-13.0785 E23 1 13.0785-13.0845 13.0785-13.0845 E24 1 13.0845-13.0905 13.0845-13.0905 E25 1 13.0905-13.0965 13.0905-13.0965 E26 1 13.0965-13.1025 13.0965-13.1025 E27 1 13.1025-13.1085 13.1025-13.1085 E28 1 13.1085-13.1145 13.1085-13.1145 E29 1 13.1145-13.1205 13.1145-13.1205 E30 1 13.1205-13.1265 13.1205-13.1265 E31 1 13.1265-13.1325 13.1265-13.1325 E32 1 13.1325-13.1385 13.1325-13.1385 E33 1 13.1385-13.1445 13.1385-13.1445 E34 1 13.1445-13.1505 3 13.1445-13.1505 3 E35 1 13.1505-13.1565 3 13.1505-13.1565 3 E36 1 13.1565-13.1625 3 13.1565-13.1625 3 E37 1 13.1625-13.1685 3 13.1625-13.1685 3 E38 1 13.1685-13.1745 3 13.1685-13.1745 3 E39 1 13.1745-13.1805 3 13.1745-13.1805 3 E40 1 13.1805-13.1865 3 13.1805-13.1865 3 E41 1 13.1865-13.1925 3 13.1865-13.1925 3 E42 1 13.1925-13.1985 3 13.1925-13.1985 3 1 See footnote 1 following GROUP A CHANNELS. 2 For transmission of pilot subcarriers or other authorized narrow band signals. 3 See paragraph (l) of this section. Group F Channels Designation Channel boundaries (GHz) [F channels] Alternate channel boundaries (GHz) [Fa channels] F01 1 13.0125-13.0185 13.0125-13.0185 F02 1 13.0185-13.0245 13.0185-13.0245 F03 1 13.0245-13.0305 13.0245-13.0305 F04 1 13.0305-13.0345 2 13.0305-13.0365 F05 1 13.0345-13.0405 13.0365-13.0425 F06 1 13.0405-13.0465 13.0425-13.0485 F07 1 13.0465-13.0525 13.0485-13.0545 F08 1 13.0525-13.0585 13.0545-13.0605 F09 1 13.0585-13.0645 13.0605-13.0665 F10 1 13.0645-13.0665 2 N/A F11 1 13.0665-13.0725 13.0665-13.0725 F12 1 13.0725-13.0785 13.0725-13.0785 F13 1 13.0785-13.0845 13.0785-13.0845 F14 1 13.0845-13.0905 13.0845-13.0905 F15 1 13.0905-13.0965 13.0905-13.0965 F16 1 13.0965-13.1025 13.0965-13.1025 F17 1 13.1025-13.1085 13.1025-13.1085 F18 1 13.1085-13.1145 13.1085-13.1145 F19 1 13.1145-13.1205 13.1145-13.1205 F20 1 13.1205-13.1265 13.1205-13.1265 F21 1 13.1265-13.1325 13.1265-13.1325 F22 1 13.1325-13.1385 13.1325-13.1385 F23 1 13.1385-13.1445 13.1385-13.1445 F24 1 13.1445-13.1505 3 13.1445-13.1505 3 F25 1 13.1505-13.1565 3 13.1505-13.1565 3 F26 1 13.1565-13.1625 3 13.1565-13.1625 3 F27 1 13.1625-13.1685 3 13.1625-13.1685 3 F28 1 13.1685-13.1745 3 13.1685-13.1745 3 F29 1 13.1745-13.1805 3 13.1745-13.1805 3 F30 1 13.1805-13.1865 3 13.1805-13.1865 3 F31 1 13.1865-13.1925 3 13.1865-13.1925 3 F32 1 13.1925-13.1985 3 13.1925-13.1985 3 1 See footnote 1 following GROUP A CHANNELS. 2 For transmission of pilot subcarriers or other authorized narrow band signals. 3 See paragraph (l) of this section. ( 3 ) For CARS stations using AM and FM transmission requiring a necessary bandwidth of no more than 12.5 MHz. Group K Channel Designation Channel boundaries (GHz) K01 1 12.7000-12.7125 K02 1 12.7125-12.7250 K03 1 12.7250-12.7375 K04 1 12.7375-12.7500 K05 1 12.7500-12.7625 K06 1 12.7625-12.7750 K07 1 12.7750-12.7875 K08 1 12.7875-12.8000 K09 1 12.8000-12.8125 K10 1 12.8125-12.8250 K11 1 12.8250-12.8375 K12 1 12.8375-12.8500 K13 1 12.8500-12.8625 K14 1 12.8625-12.8750 K15 1 12.8750-12.8875 K16 1 12.8875-12.9000 K17 1 12.9000-12.9125 K18 1 12.9125-12.9250 K19 1 12.9250-12.9375 K20 1 12.9375-12.9500 K21 1 12.9500-12.9625 K22 1 12.9625-12.9750 K23 1 12.9750-12.9875 K24 1 12.9875-13.0000 K25 1 13.0000-13.0125 K26 1 13.0125-13.0250 K27 1 13.0250-13.0375 K28 1 13.0375-13.0500 K29 1 13.0500-13.0625 K30 1 13.0625-13.0750 K31 1 13.0750-13.0875 K32 1 13.0875-13.1000 K33 1 13.1000-13.1125 K34 1 13.1125-13.1250 K35 1 13.1250-13.1375 K36 1 13.1375-13.1500 K37 1 2 13.1500-13.1625 K38 1 2 13.1625-13.1750 K39 1 2 13.1750-13.1875 K40 1 2 13.1875-13.2000 1 See footnote 1 following GROUP A CHANNELS. 2 See paragraph (l) of this section. ( 4 ) The Cable Television Relay Service is also assigned the following frequencies in the 17,700-19,700 MHz band. These frequencies are co-equally shared with stations in other services under parts 25 , 74 , and 101 of this chapter . Cable Television Relay Service stations operating on frequencies in the sub-bands 18.3-18.58 GHz and 19.26-19.3 GHz that were licensed or had applications pending before the Commission as of September 18, 1998 may continue those operations on a shared co-primary basis with other services under parts 25 , 74 , and 101 of this chapter . Such stations, however, are subject to relocation by licensees in the fixed-satellite service. Such relocation is subject to the provisions of §§ 101.85 through 101.97 of this chapter . No new applications for part 78 licenses will be accepted in the 19.26-19.3 GHz band after June 8, 2000, and no new applications for part 78 licenses will be accepted in the 18.3-18.58 GHz band after November 19, 2002. ( i ) 2 MHz maximum authorized bandwidth channel: Transmit (receive) (MHz) Receive (transmit) (MHz) 18141.0 n/a ( ii ) 6 MHz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 216 MHz Separation 18145.0 n/a 18151.0 18367.0 18157.0 18373.0 18163.0 18379.0 18169.0 18385.0 18175.0 18391.0 18181.0 18397.0 18187.0 18403.0 18193.0 18409.0 18199.0 18415.0 18205.0 18421.0 18211.0 18427.0 18217.0 18433.0 18223.0 18439.0 18229.0 18445.0 18235.0 18451.0 18241.0 18457.0 18247.0 18463.0 18253.0 18469.0 18259.0 18475.0 18265.0 18481.0 18271.0 18487.0 18277.0 18493.0 18283.0 18499.0 18289.0 18505.0 18295.0 18511.0 18301.0 18517.0 18307.0 18523.0 18313.0 18529.0 18319.0 18535.0 18325.0 18541.0 18331.0 18547.0 18337.0 18553.0 18343.0 18559.0 18349.0 18565.0 18355.0 18571.0 18361.0 18577.0 ( iii ) 10 MHz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 MHz Separation 17705.0 19265.0 17715.0 19275.0 17725.0 19285.0 17735.0 19295.0 17745.0 19305.0 17755.0 19315.0 17765.0 19325.0 17775.0 19335.0 17785.0 19345.0 17795.0 19355.0 17805.0 19365.0 17815.0 19375.0 17825.0 19385.0 17835.0 19395.0 17845.0 19405.0 17855.0 19415.0 17865.0 19425.0 17875.0 19435.0 17885.0 19445.0 17895.0 19455.0 17905.0 19465.0 17915.0 19475.0 17925.0 19485.0 17935.0 19495.0 17945.0 19505.0 17955.0 19515.0 17965.0 19525.0 17975.0 19535.0 17985.0 19545.0 17995.0 19555.0 18005.0 19565.0 18015.0 19575.0 18025.0 19585.0 18035.0 19595.0 18045.0 19605.0 18055.0 19615.0 18065.0 19625.0 18075.0 19635.0 18085.0 19645.0 18095.0 19655.0 18105.0 19665.0 18115.0 19675.0 18125.0 19685.0 18135.0 19695.0 ( iv ) 20 MHz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 MHz Separation 17710.0 19270.0 17730.0 19290.0 17750.0 19310.0 17770.0 19330.0 17790.0 19350.0 17810.0 19370.0 17830.0 19390.0 17850.0 19410.0 17870.0 19430.0 17890.0 19450.0 17910.0 19470.0 17930.0 19490.0 17950.0 19510.0 17970.0 19530.0 17990.0 19550.0 18010.0 19570.0 18030.0 19590.0 18050.0 19610.0 18070.0 19630.0 18090.0 19650.0 18110.0 19670.0 18130.0 19690.0 ( v ) 40 MHz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 MHz Separation 17720.0 19280.0 17760.0 19320.0 17800.0 19360.0 17840.0 19400.0 17880.0 19440.0 17920.0 19480.0 17960.0 19520.0 18000.0 19560.0 18040.0 19600.0 18080.0 19640.0 18120.0 19680.0 ( vi ) 80 MHz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 MHz Separation 17740.0 19300.0 17820.0 19380.0 17900.0 19460.0 17980.0 19540.0 18060.0 19620.0 ( 5 ) 6425 to 6525 MHz—Mobile only. Paired and unpaired operations permitted. Use of this spectrum for direct delivery of video programs to the general public or multi-channel cable distribution is not permitted. This band is co-equally shared with mobile stations licensed pursuant to Parts 74 and 101 of the Commission's Rules. The following channel plans apply. ( i ) 1 MHz maximum authorized bandwidth channels. Transmit (or receive) (MHz) Receive (or transmit) (MHz) 6425.5 6475.5 6450.5 6500.5 ( ii ) 8 MHz maximum authorized bandwidth channels. Transmit (or receive) (MHz) Receive (or transmit) (MHz) 6430.0 6480.0 6438.0 6488.0 6446.0 6496.0 6455.0 6505.0 6463.0 6513.0 6471.0 6521.0 ( iii ) 25 MHz maximum authorized bandwidth channels. Transmit (or receive) (MHz) Receive (or transmit) (MHz) 6437.5 6487.5 6462.5 6512.5 ( 6 ) 1990-2110 MHz—Mobile only. ( i ) Use of this spectrum for direct delivery of video programs to the general public or multi-channel cable distribution is not permitted. This band is co-equally shared with stations licensed pursuant to parts 74 and 101 of the Commission's Rules. (Common carriers may use this band pursuant to provisions of § 101.803(b) ). The following channeling plan applies subject to the provisions of § 74.604 . Frequency Band (MHz) 1990-2008 2008-2025 2025-2042 2042-2059 2059-2076 2076-2093 2093-2110 ( ii ) After a licensee has been relocated in accordance with the provisions of § 78.40 , operations will be in the band 2025-2110 MHz. The following channel plan will apply, subject to the provisions of § 74.604 of this part : Frequency Band (MHz) 2025.5-2037.5 2037.5-2049.5 2049.5-2061.5 2061.5-2073.5 2073.5-2085.5 2085.5-2097.5 2097.5-2109.5 ( 7 ) 6875-7125 MHz—Mobile only. Use of this spectrum for direct delivery of video programs to the general public or multi-channel cable distribution is not permitted. This band is co-equally shared with stations licensed pursuant to parts 74 and 101 of the Commission's Rules. (Common carriers may use this band pursuant to provisions of § 101.803(b) ). The following channeling plan applies subject to the provisions of § 74.604 . Frequency Band (MHz) 6875—6900 6900—6925 6925—6950 6950—6975 6975—7000 7000—7025 7025—7050 7050—7075 7075—7100 7100—7125 ( b ) Television Auxiliary Broadcast Service stations may be assigned channels in the band 12.70-13.20 GHz subject to the condition that no harmful interference is caused to fixed CARS stations authorized at the time of such grants. Translator Relay stations are assigned on a secondary basis. New CARS stations shall not cause harmful interference to television STL and intercity relay stations authorized at the time of such grants. Television pickup stations and CARS pickup stations will be assigned channels in the band on a co-equal basis subject to the conditions that they accept interference from and cause no interference to existing or subsequently authorized television STL, television intercity relay, or fixed CARS stations. Channels in the 13.150-13.200 GHz band will be assigned exclusively to television pickup and CARS pickup stations on a co-equal basis. A cable television system operator will normally be limited in any one area to the assignment of not more than three channels for CARS pickup use: Provided, however, That additional channels may be assigned upon a satisfactory showing that additional channels are necessary and are available. ( c ) An application for a CARS station shall be specific with regard to the channel or channels requested. Channels shall be identified by the appropriate designations set forth in paragraph (a) of this section. ( d ) For CARS Fixed stations using FM transmission with an authorized bandwidth per channel of 25 MHz, to conserve spectrum applicants are encouraged to use alternate A and B channels such that adjacent R.F. carriers are spaced 12.5 MHz. As example, a fixed station in the CARS, relaying several channels, would use A01, B01, A02, B02, A03, etc. ( e ) For CARS stations using vestigial sideband AM transmissions, channels from only the Groups C, D, E or F and those frequencies listed in paragraph (a)(4)(ii) of this section normally will be assigned a station, although upon adequate showing variations in the use of channels in Groups C, D, E or F and those frequencies listed in paragraph (a)(4)(ii) of this section may be authorized on a case-by-case basis in order to avoid potential interference or to permit a more efficient use. In situations where the number or the arrangement of channels available in these groups is not adequate, or in order to avoid potential interference, or in order to achieve the required VHF channelization arrangement on the cable television system or for repeated operations, or for two way transmission, or upon the showing of other good cause, the use of channels in the Groups C, D, E or F and those frequencies listed in paragraph (a)(4)(ii) of this section may be authorized. Applicants are encouraged to apply for adjacent channels within each group of channels, except that different channel arrangements may be authorized when required to conform to the required channelization arrangement at VHF on the cable television system, when it is necessary to transmit non-adjacent off-the-air channels or signals intended to fill non-adjacent slots in the spectrum, or to avoid potential interference, or upon other showing of good cause. ( f ) For vestigial sideband AM transmission, the assigned visual carrier frequency for each channel listed in Groups C, D, E or F and those frequencies listed in paragraph (a)(4)(ii) of this section shall be 1.25 MHz above the lower channel-edge frequency. The center frequency for the accompanying FM aural carrier in each channel shall be 4.5 MHz above the corresponding visual carrier frequency. ( g ) For CARS stations using double sideband AM transmission or FM transmission with authorized bandwidth of no more than 12.5 MHz, Group K channels normally will be assigned to a station, although upon adequate showing variations in the use of channels in Group K may be authorized on a case-by-case basis in order to avoid potential interference or to permit a more efficient use. ( h ) For double sideband AM transmission, the assigned carrier frequency for each channel listed in Group K shall be 6.25 MHz above the lower boundary frequency for each channel, and the sideband frequencies corresponding to the carrier frequency of the accompanying FM aural signal shall be 4.5 MHz above and below the visual carrier frequency. ( i ) All stations shall employ no more than a 12.5 MHz authorized bandwidth per channel except in any one or more of the following circumstances: ( 1 ) The station is a CARS pickup station; ( 2 ) The transmission path is more than 16.1 km (10 miles) in length; ( 3 ) The station was authorized or an application was on file therefor prior to July 26, 1973. ( 4 ) Other good cause has been shown that use of a bandwidth of 12.5 MHz or less per channel would be inefficient, impractical, or otherwise contrary to the public interest. ( j ) Should any conflict arise among applications for stations in this band, priority will be based on the filing date of an application completed in accordance with the instructions thereon. ( k ) Applicants for Group K channels shall apply for adjacent channels and the requested channels shall overlap the least possible number of Group A channels, except that different channel arrangements may be authorized upon an adequate showing that the foregoing arrangement cannot be used or would be contrary to the public interest, or in order to avoid potential interference or to permit a more efficient use. ( l ) The band 13.15-13.20 GHz is reserved for television pickup and CARS pickup stations inside a 50 km radius of the 100 television markets delineated in § 76.51 of this chapter . Outside a 50 km radius of the 100 television markets delineated in § 76.51 of this chapter , television pickup stations, CARS stations and NGSO FSS gateway earth stations shall operate on a primary co-equal basis. The band 13.20-13.2125 GHz is reserved for television pickup stations on a primary basis and CARS pickup stations on a secondary basis inside a 50 km radius of the 100 television markets delineated in § 76.51 of this chapter . Outside a 50 km radius of the 100 markets delineated in § 76.51 of this chapter , television pickup stations and NGSO FSS gateway earth stations shall operate on a co-primary basis, CARS stations shall operate on a secondary basis. Fixed television auxiliary stations licensed pursuant to applications accepted for filing before September 1, 1979, may continue operation on channels in the 13.15-13.25 GHz band, subject to periodic license renewals. NGSO FSS gateway uplink transmissions in the 13.15-13.2125 GHz segment shall be limited to a maximum EIRP of 3.2 dBW towards 0 degrees on the radio horizon. These provisions shall not apply to GSO FSS operations in the 12.75-13.25 GHz band. ( m ) CARS stations may be authorized for use of the band from 13.20 to 13.25 GHz on a secondary basis to Television Broadcast Auxiliary Stations. CARS stations are also secondary to NGSO FSS gateway earth station uplink operations. Any CARS application seeking authorization for use of the 13.20 to 13.25 GHz band must demonstrate that the applicant has exhausted all spectrum available to it in the 12.70 to 13.20 GHz band. Applications for use of this band must specify whether the channels are 6 MHz, 12.5 MHz, or 25 MHz wide and give the upper and lower boundaries and the polarization for each channel. [ 37 FR 3292 , Feb. 12, 1972. Redesignated at 37 FR 15926 , Aug. 8, 1972] Editorial Note Editorial Note: For Federal Register citations affecting § 78.18 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 78.19 Interference. ( a ) Applications for CARS stations shall endeavor to select an assignable frequency or frequencies which will be least likely to result in interference to other licensees in the same area since the FCC itself does not undertake frequency coordination. ( b ) Applicants for CARS stations shall take full advantage of all known techniques, such as the geometric arrangement of transmitters and receivers, the use of minimum power required to provide the needed service, and the use of highly directive transmitting and receiving antenna systems, to prevent interference to the reception of television STL, television intercity relay, and other CARS stations. ( c ) ( 1 ) Radio Astronomy and Radio Research Installations. In order to minimize harmful interference at the National Radio Astronomy Observatory site located at Green Bank, Pocahontas County, W. Va., and at the Naval Radio Research Observatory at Sugar Grove, Pendleton County, W.Va., an applicant for authority to construct a CARS station, except a CARS pickup station, or for authority to make changes in the frequency, power, antenna height, or antenna directivity of an existing station within the area bounded by 39°15′ N. on the north, 78°30′ W. on the east, 37°30′ N. on the south and 80°30′ W. on the west shall, at the time of filing such application with the Commission, simultaneously notify the Director, National Radio Astronomy Observatory, Post Office Box No. 2, Green Bank, WV 24944, in writing, of the technical particulars of the proposed station. Such notification shall include the geographical coordinates of the antenna, antenna height, antenna directivity if any, proposed frequency, type of emission, and power. In addition, the applicant shall indicate in his application to the Commission the date notification was made to the Observatory. After receipt of such application, the Commission will allow a period of 20 days for comments or objections in response to the notifications indicated. If an objection to the proposed operation is received during the 20-day period from the National Radio Astronomy Observatory for itself or on behalf of the Naval Radio Research Observatory, the Commission will consider all aspects of the problem and take whatever action is deemed appropriate. ( 2 ) Any applicant for a new permanent base or fixed station authorization to be located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra, or for a modification of an existing authorization which would change the frequency, power, antenna height, directivity, or location of a station on these islands and would increase the likelihood of the authorized facility causing interference, shall notify the Interference Office, Arecibo Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612, in writing or electronically, of the technical parameters of the proposal. Applicants may wish to consult interference guidelines, which will be provided by Cornell University. Applicants who choose to transmit information electronically should e-mail to: prcz@naic.edu . ( i ) The notification to the Interference Office, Arecibo Observatory shall be made prior to, or simultaneously with, the filing of the application with the Commission. The notification shall state the geographical coordinates of the transmit antenna (NAD-83 datum), antenna height above ground, ground elevation at the antenna, antenna directivity and gain, proposed frequency and FCC Rule Part, type of emission, effective isotropic radiated power, and whether the proposed use is itinerant. Generally, submission of the information in the technical portion of the FCC license application is adequate notification. In addition, the applicant shall indicate in its application to the Commission the date notification was made to the Arecibo Observatory. ( ii ) After receipt of such applications, the Commission will allow the Arecibo Observatory a period of 20 days for comments or objections in response to the notification indicated. The applicant will be required to make reasonable efforts in order to resolve or mitigate any potential interference problem with the Arecibo Observatory and to file either an amendment to the application or a modification application, as appropriate. If the Commission determines that an applicant has satisfied its responsibility to make reasonable efforts to protect the Observatory from interference, its application may be granted. ( iii ) The provisions of this paragraph do not apply to operations that transmit on frequencies above 15 GHz. ( d ) Protection for Table Mountain Radio Receiving Zone, Boulder County, Colorado: Applicants for a station authorization to operate in the vicinity of Boulder County, Colorado under this part are advised to give due consideration, prior to filing applications, to the need to protect the Table Mountain Radio Receiving Zone from harmful interference. These are the research laboratories of the Department of Commerce, Boulder County, Colorado. To prevent degradation of the present ambient radio signal level at the site, the Department of Commerce seeks to ensure that the field strengths of any radiated signals (excluding reflected signals) received on this 1800 acre site (in the vicinity of coordinates 40°07′50″ N Latitude, 105°14′40″ W Longitude) resulting from new assignments (other than mobile stations) or from the modification or relocation of existing facilities do not exceed the following values: Frequency range In authorized bandwidth of service Field strength (mV/m) Power flux density 1 (dBW/m 2 ) Below 540 kHz 10 −65.8 540 to 1600 kHz 20 −59.8 1.6 to 470 MHz 10 2 −65.8 470 to 890 MHz 30 2 −56.2 Above 890 MHz 1 2 −85.8 1 Equivalent values of power flux density are caculated assuming free space characteristic impedance of 376.7 = 120π ohms. 2 Space stations shall conform to the power flux density limits at the earth's surface specified in appropriate parts of the FCC rules, but in no case should exceed the above levels in any 4 kHz band for all angles of arrival. ( 1 ) Advance consultation is recomended particularly for those applicants who have no reliable data which indicates whether the field strength or power flux density figures in the above table would be exceeded by their proposed radio facilities (except mobile stations). In such instances, the following is a suggested guide for determining whether coordination is recommended: ( i ) All stations within 2.4 km (1.5 statute miles); ( ii ) Stations within 4.8 km (3 statute miles) with 50 watts or more effective radiated power (ERP) in the primary plane of polarization in the azimuthal direction of the Table Mountain Radio Receiving Zone; ( iii ) Stations within 16 km (10 statute miles) with 1 kW or more ERP in the primary plane of polarization in the azimuthal direction of the Table Mountain Radio Receiving Zone; ( iv ) Stations within 80 km (50 statute miles) with 25 kW or more ERP in the primary plane of polarization in the azimuthal direction of the Table Mountain Radio Receiving Zone. ( 2 ) Applicants concerned are urged to communicate with the Radio Frequency Management Coordinator, Department of Commerce, Research Support Services, NOAA R/E5X2, Boulder Laboratories, Boulder, CO 80303; telephone (303) 497-6548, in advance of filing their applications with the Commission. ( 3 ) The Commission will not screen applications to determine whether advance consultation has taken place. However, applicants are advised that such consultation can avoid objections from the Department of Commerce or proceedings to modify any authorization which may be granted which, in fact, delivers a signal at the site in excess of the field strength specified herein. ( e ) Protection for Federal Communications Commission monitoring stations: ( 1 ) Applicants in the vicinity of an FCC monitoring station for a radio station authorization to operate new transmitting facilities or changed transmitting facilities which would increase the field strength produced over the monitoring station over that previously authorized are advised to give consideration, prior to filing applications, to the possible need to protect the FCC stations from harmful interference. Geographical coordinates of the facilities which require protection are listed in § 0.121(c) of the Commission's Rules. Applications for stations (except mobile stations) which will produce on any frequency a direct wave fundamental field strength of greater than 10 mV/m in the authorized bandwidth of service (−65.8 dBW/m 2 power flux density assuming a free space characteristic impedance of 120 ohms) at the referenced coordinates, may be examined to determine extent of possible interference. Depending on the theoretical field strength value and existing root-sum-square or other ambient radio field signal levels at the indicated coordinates, a clause protecting the monitoring station may be added to the station authorization. ( 2 ) In the event that calculated value of expected field exceeds 10 mV/m (−65.8 dBW/m2) at the reference coordinates, or if there is any question whether field strength levels might exceed the threshold value, advance consultation with the FCC to discuss any protection necessary should be considered. Prospective applicants may communicate with the Public Safety and Homeland Security Bureau, Federal Communications Commission, Washington, DC 20554. ( 3 ) Advance consultation is suggested particularly for those applicants who have no reliable data which indicates whether the field strength or power flux density figure indicated would be exceeded by their proposed radio facilities (except mobile stations). In such instances, the following is a suggested guide for determining whether an applicant should coordinate: ( i ) All stations within 2.4 kilometers (1.5 statute miles); ( ii ) Stations within 4.8 kilometers (3 statute miles) with 50 watts or more average effective radiated power (ERP) in the primary plane of polarization in the azimuthal direction of the Monitoring Stations. ( iii ) Stations within 16 kilometers (10 statute miles) with 1 kW or more average ERP in the primary plane of polarization in the azimuthal direction of the Monitoring Station; ( iv ) Stations within 80 kilometers (50 statute miles) with 25 kW or more average ERP in the primary plane of polarization in the azimuthal direction of the Monitoring Station; ( 4 ) Advance coordination for stations operating above 1000 MHz is recommended only where the proposed station is in the vicinity of a monitoring station designated as a satellite monitoring facility in section 0.121(c) of the Commission's Rules and also meets the criteria outlined in paragraphs (f) (2) and (3) of this section. ( 5 ) The Commission will not screen applications to determine whether advance consultation has taken place. However, applicants are advised that such consultation can avoid objections from the Federal Communications Commission or modification of any authorization which will cause harmful interference. ( f ) 17.7-19.7 GHz band. The following exclusion areas and coordination areas are established to minimize or avoid harmful interference to Federal Government earth stations receiving in the 17.7-19.7 GHz band: ( 1 ) No application seeking authority to operate in the 17.7-19.7 GHz band will be accepted for filing if the proposed station is located within 50 km of Denver, CO (39°43′ N., 104°46′ W.) or Washington, DC (38°48′ N., 76°52′ W.). ( 2 ) Any application seeking authority for a new fixed station license supporting the operations of Multichannel Video Programming Distributors (MVPD) in the 17.7-17.8 GHz band or to operate in the 17.8-19.7 GHz band for any service, or for modification of an existing station license in these bands which would change the frequency, power, emission, modulation, polarization, antenna height or directivity, or location of such a station, must be coordinated with the Federal Government by the Commission before an authorization will be issued, if the station or proposed station is located in whole or in part within any of the following areas: ( i ) Denver, CO area: ( A ) Between latitudes 41°30′ N. and 38°30′ N. and between longitudes 103°10′ W. and 106°30′ W. ( B ) Between latitudes 38°30′ N. and 37°30′ N. and between longitudes 105°00′ W. and 105°50′ W. ( C ) Between latitudes 40°08′ N. and 39°56′ N. and between longitudes 107°00′ W. and 107°15′ W. ( ii ) Washington, DC area: ( A ) Between latitudes 38°40′ N. and 38°10′ N. and between longitudes 78°50′ W. and 79°20′ W. ( B ) Within 178 km of 38°48′ N, 76°52′ W. ( iii ) San Miguel, CA area: ( A ) Between latitudes 34°39′ N. and 34°00′ N. and between longitudes 118°52′ W. and 119°24′ W. ( B ) Within 200 km of 35°44′ N., 120°45′ W. ( iv ) Guam area: Within 100 km of 13°35′ N., 144°51′ E. Note to § 78.19 ( f ): The coordinates cited in this section are specified in terms of the “North American Datum of 1983 (NAD 83). [ 37 FR 3292 , Feb. 12, 1972] Editorial Note Editorial Note: For Federal Register citations affecting § 78.19 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 78.20 Acceptance of applications; public notice. ( a ) Applications which are tendered for filing are dated upon receipt and then forwarded to the Media Bureau where an examination is made to ascertain whether the applications are complete. Applications found to be complete or substantially complete, are accepted for filing and are given a file number. In case of minor defects as to completeness, the applicant will be required to supply the missing information. Applications which are not substantially complete will be returned to the applicant. Applications requiring fees as set forth at part 1, subpart G, of this chapter must be filed in accordance with § 0.401(b) of this chapter . ( b ) Acceptance of an application for filing means only that it has been the subject of a preliminary review by the Commission's administrative staff as to completeness. Applications which are determined to be clearly not in accordance with the Commission's rules or other requirements, unless accompanied by an appropriate request for waiver, will be considered defective and will not be accepted for filing, or if inadvertently accepted for filing, will be dismissed. Requests for waiver shall show the nature of the waiver or exception desired and shall set forth the reasons in support thereof. ( c ) The Commission will give public notice of all applications and major amendments thereto which have been accepted for filing. No application shall be acted on less than thirty (30) days from the date of public notice. [ 37 FR 15926 , Aug. 8, 1972, as amended at 52 FR 10231 , Mar. 31, 1987; 67 FR 13235 , Mar. 21, 2002; 68 FR 27004 , May 19, 2003] § 78.21 Dismissal of applications. ( a ) Any application may, on request of the applicant, be dismissed without prejudice as a matter of right prior to the adoption date of any final action taken by the Commission with respect to the application. An applicant's request for the return of an application will be regarded as a request for dismissal. ( b ) Failure to prosecute an application, or failure to respond to official correspondence or request for additional information, will be cause for dismissal. Such dismissal will be without prejudice if it occurs prior to the adoption date of any final action taken by the Commission with respect to the application. [ 37 FR 15927 , Aug. 8, 1972] § 78.22 Objections to applications. ( a ) Any party in interest may file a petition to deny any application (whether as originally filed or as amended) no later than thirty (30) days after issuance of a public notice of the acceptance for filing of any such application or amendment thereto. Petitions to deny shall contain specific allegations of fact sufficient to show that the petitioner is a party in interest and that a grant of the application would be prima facie inconsistent with the public interest, convenience, and necessity. Such allegations of fact shall, except for those of which official notice may be taken, be supported by affidavit of a person or persons with personal knowledge thereof. ( b ) The applicant may file an opposition to any petition to deny, and the petitioner may file a reply to such opposition (see § 1.45 of this chapter ), in which allegations of fact or denials thereof shall be supported by affidavit of a person or persons with personal knowledge thereof. ( c ) Notwithstanding the provisions of paragraph (a) of this section, before Commission action on any application for an instrument of authorization, any person may file informal objections to the grant. Such objections may be submitted in letter form (without extra copies) and shall be signed by the objector. The limitation on pleadings and time for filing pleadings provided for in § 1.45 of this chapter shall not be applicable to any objections duly filed pursuant to this paragraph. [ 37 FR 15927 , Aug. 8, 1972, as amended at 50 FR 23421 , June 4, 1985] § 78.23 Equipment tests. ( a ) Following the grant of a CARS license, the licensee, during the process of construction of the station, may, without further authority from the Commission, conduct equipment tests for the purpose of such adjustments and measurements as may be necessary to assure compliance with the terms of the authorization, the technical provisions of the application therefore, the rules and regulations, and the applicable engineering standards. ( b ) The Commission may notify the licensee to conduct no tests or may cancel, suspend, or change the date for the beginning of equipment tests as and when such action may appear to be in the public interest, convenience, and necessity. ( c ) The test authorized in this section shall be conducted only as a necessary part of construction. [ 50 FR 23421 , June 4, 1985] § 78.27 License conditions. ( a ) Authorizations (including initial grants, modifications, assignments or transfers of control, and renewals) in the Cable Television Relay Service to serve cable television systems and other eligible systems, shall contain the condition that cable television systems shall operate in compliance with the provisions of part 76 (Cable Television Service) of this chapter and that other eligible systems shall operate in compliance with the provisions of part 21 and part 74 of this chapter . ( b ) CARS stations licensed under this subpart are required to commence operation within one year of the date of the license grant. ( 1 ) The licensee of a CARS station shall notify the Commission in writing when the station commences operation. Such notification shall be submitted on or before the last day of the authorized one year construction period; otherwise, the station license shall be automatically forfeited. ( 2 ) CARS licensees needing additional time to complete construction of the station and commence operation shall request an extension of time 30 days before the expiration of the one year construction period. Exceptions to the 30-day advance filing requirement may be granted where unanticipated delays occur. [ 50 FR 23421 , June 4, 1985, as amended at 55 FR 46015 , Oct. 31, 1990; 69 FR 57862 , Sept. 28, 2004] § 78.29 License period. Licenses for CARS stations will be issued for a period not to exceed five (5) years. On and after February 1, 1966, licenses for CARS stations ordinarily will be issued for a period expiring on February 1, 1971, and, when regularly renewed, at 5-year intervals thereafter. When a license is granted subsequent to the last renewal date for CARS stations, the license will be issued only for the unexpired period of the current license term of such stations. The license renewal date applicable to CARS stations may be varied as necessary to permit the orderly processing of renewal applications, and individual station licenses may be granted or renwed for a shorter period of time than that generally prescribed for CARS stations, if the Commission finds that the public interest, convenience, and necessity would be served by such action. § 78.30 Forfeiture and termination of station authorizations. ( a ) A CARS license will be automatically forfeited in whole or in part without further notice to the licensee upon the voluntary removal or alteration of the facilities, so as to render the station not operational for a period of 30 days or more. ( b ) If a station licensed under this part discontinues operation on a permanent basis, the licensee must cancel the license. For purposes of this section, any station which has not operated for one year or more is considered to have been permanently discontinued. [ 69 FR 57862 , Sept. 28, 2004] § 78.31 Temporary extension of license. Where there is pending before the Commission any application, investigation, or proceeding which, after hearing, might lead to or make necessary the modification of, revocation of or the refusal to renew an existing cable television relay station license, the Commission will grant a temporary extension of such license: Provided, however, That no such temporary extension shall be construed as a finding by the Commission that the operation of any CARS station thereunder will serve the public interest, convenience, and necessity beyond the express terms of such temporary extension of license: And provided, further, That such temporary extension of license will in nowise affect or limit the action of the Commission with respect to any pending application or proceeding. § 78.33 Special temporary authority. ( a ) Notwithstanding the requirements of §§ 78.15 and 78.20 , in circumstances requiring immediate or temporary use of facilities, a request may be made for special temporary authority to install and operate new equipment or to operate licensed equipment in a manner different from that authorized in a station license. Any such request may be in letter form, and shall be submitted in duplicate: Provided, however, That in cases of emergency involving danger to life or property or due to damage to equipment, such request may be made by telephone or telegraph with the understanding that a written request shall be submitted within ten (10) days thereafter. ( b ) Special temporary authority may also be requested to conduct a field survey to determine necessary data in connection with the preparation of a formal application for installation of a radio system under this part. Such authority may be granted to equipment suppliers and others who are not operators of cable television systems or other eligible systems, as well as to cable operators or other eligible system operators, to conduct equipment, program, service, and path tests. ( c ) Any request for special temporary authority shall be clear and complete within itself as to the authority requested. In addition, such requests shall contain the following information: ( 1 ) Name, address, and citizenship of applicant; ( 2 ) Grounds for special action, including a description of any emergency or damage to equipment; ( 3 ) Type of operation to be conducted; ( 4 ) Purpose of operation; ( 5 ) Time and date of proposed operation; ( 6 ) Class of station and nature of service; ( 7 ) Location of station; ( 8 ) Equipment to be used, specifying manufacturer, model number, and number of units; ( 9 ) Frequency or frequencies desired, consistent with § 78.18 : Provided, however, That in the case of events of widespread interest and importance that cannot be transmitted successfully on these frequencies, frequencies assigned to other services may be requested on a showing that operation thereon will not cause interference to established stations: And provided, further, That in no case will a cable television relay service operation be authorized on frequencies employed for the safety of life and property; ( 10 ) Plate power input to final radio frequency stage; ( 11 ) Type of emission; ( 12 ) Description of antenna to be used, including height. In the event that the proposed antenna installations will increase the height of any natural formation, or existing manmade structure, by more than 6.1 meters (20 feet), a vertical plan sketch showing the height of the structures proposed to be erected, the height above ground of any existing structure, the elevation of the site above mean sea level, and the geographic coordinates of the proposed sites shall be submitted with the application. ( d ) Except in emergencies involving safety of life or property or due to damage to equipment, a request for special temporary authority shall be filed at least ten (10) days prior to the date of proposed operation, or shall be accompanied by a statement of reasons for the delay in submitting such request. ( e ) If the Commission finds that special temporary authority is in the public interest, it may grant such authority for a period not exceeding ninety (90) days, and, on a like finding, may extend such authority for one additional period not to exceed ninety (90) days. [ 37 FR 15927 , Aug. 8, 1972, as amended at 55 FR 46015 , Oct. 31, 1990; 58 FR 44952 , Aug. 25, 1993] § 78.35 Assignment or transfer of control. ( a ) No assignment of the license of a cable television relay station or transfer of control of a CARS licensee shall occur without prior FCC authorization. ( b ) If an assignment or transfer of control does not involve a substantial change of interests, the provisions of §§ 78.20(c) and 78.22 , concerning public notice and objections, shall be waived. ( c ) Licensees of CARS stations are not required to submit applications for assignment or transfer of control or otherwise notify the FCC in cases where the change in ownership does not affect the identity or controlling interest of the licensee. ( d ) If an assignment or transfer of control involves a substantial change of interest, and requires prior FCC approval, the CARS licensee is required to file FCC Form 327 with the Commission. ( e ) Licensees are required to notify the Commission of consummation of an approved transfer or assignment. The assignee or transferee is responsible for providing this notification, including the date the transaction was consummated. The transaction must be consummated and notification provided to the Commission within 60 days of public notice of approval, and notification of consummation must occur no later than 30 days after actual consummation, unless a request for an extension of time to consummate is filed. [ 37 FR 15927 , Aug. 8, 1972, as amended at 50 FR 23421 , June 4, 1985; 68 FR 27004 , May 19, 2003] § 78.36 Frequency coordination. ( a ) Coordination of all frequency assignments for fixed stations in all bands above 2110 MHz, and for mobile (temporary fixed) stations in the bands 6425-6525 MHz and 17.7-19.7 GHz, will be in accordance with the procedure established in paragraph (b) of this section, except that the prior coordination process for mobile (temporary fixed) assignments may be completed orally and the period allowed for response to a coordination notification may be less than 30 days if the parties agree. Coordination of all frequency assignments for all mobile (temporary fixed) stations in all bands above 2110 MHz, except the bands 6425-6525 MHz and 17.7-19.7 GHz, will be conducted in accordance with the procedure established in paragraph (b) of this section or with the procedure in paragraph (d) of this section. Coordination of all frequency assignments for all fixed stations in the band 1990-2110 MHz will be in accordance with the procedure established in paragraph (c) of this section. Coordination of all frequency assignments for all mobile (temporary fixed) stations in the band 1990-2110 MHz will be conducted in accordance with the procedure in paragraph (d) of this section. ( b ) For each frequency coordinated under this part, the interference protection criteria in 47 CFR 101.105(a) , (b) , and (c) and the following frequency usage coordination procedures will apply: ( 1 ) General requirements. Proposed frequency usage must be prior coordinated with existing licensees, permittees, and applicants in the area, and other applicants with previously filed applications, whose facilities could affect or be affected by the new proposal in terms of frequency interference on active channels, applied-for channels, or channels coordinated for future growth. Coordination must be completed prior to filing an application for regular authorization, or a major amendment to a pending application, or any major modification to a license. In coordinating frequency usage with stations in the fixed satellite service, applicants must also comply with the requirements of 47 CFR 101.21(f) . In engineering a system or modification thereto, the applicant must, by appropriate studies and analyses, select sites, transmitters, antennas and frequencies that will avoid interference in excess of permissible levels to other users. All applicants and licensees must cooperate fully and make reasonable efforts to resolve technical problems and conflicts that may inhibit the most effective and efficient use of the radio spectrum; however, the party being coordinated with is not obligated to suggest changes or re-engineer a proposal in cases involving conflicts. Applicants should make every reasonable effort to avoid blocking the growth of systems as prior coordinated. The applicant must identify in the application all entities with which the technical proposal was coordinated. In the event that technical problems are not resolved, an explanation must be submitted with the application. Where technical problems are resolved by an agreement or operating arrangement between the parties that would require special procedures be taken to reduce the likelihood of interference in excess of permissible levels (such as the use of artificial site shielding) or would result in a reduction of quality or capacity of either system, the details thereof may be contained in the application. ( 2 ) Coordination procedure guidelines are as follows: ( i ) Coordination involves two separate elements: Notification and response. Both or either may be oral or in written form. To be acceptable for filing, all applications and major technical amendments must certify that coordination, including response, has been completed. The names of the licensees, permittees and applicants with which coordination was accomplished must be specified. If such notice and/or response is oral, the party providing such notice or response must supply written documentation of the communication upon request; ( ii ) Notification must include relevant technical details of the proposal. At minimum, this should include, as applicable, the following: ( A ) Applicant's name and address, ( B ) Transmitting station name, ( C ) Transmitting station coordinates, ( D ) Frequencies and polarizations to be added, changed or deleted, ( E ) Transmitting equipment type, its stability, actual output power, emission designator, and type of modulation (loading), ( F ) Transmitting antenna type(s), model, gain and, if required, a radiation pattern provided or certified by the manufacturer, ( G ) Transmitting antenna center line height(s) above ground level and ground elevation above mean sea level, ( H ) Receiving station name, ( I ) Receiving station coordinates, ( J ) Receiving antenna type(s), model, gain, and, if required, a radiation pattern provided or certified by the manufacturer, ( K ) Receiving antenna center line height(s) above ground level and ground elevation above mean sea level, ( L ) Path azimuth and distance, ( M ) Estimated transmitter transmission line loss expressed in dB, ( N ) Estimated receiver transmission line loss expressed in dB, ( O ) For a system utilizing ATPC, maximum transmit power, coordinated transmit power, and nominal transmit power. Note to paragraph ( b )(2)( ii ): The position location of antenna sites shall be determined to an accuracy of no less than ±1 second in the horizontal dimensions (latitude and longitude) and ±1 meter in the vertical dimension (ground elevation) with respect to the National Spacial Reference System. ( iii ) For transmitters employing digital modulation techniques, the notification should clearly identify the type of modulation. Upon request, additional details of the operating characteristics of the equipment must also be furnished; ( iv ) Response to notification should be made as quickly as possible, even if no technical problems are anticipated. Any response to notification indicating potential interference must specify the technical details and must be provided to the applicant, in writing, within the 30-day notification period. Every reasonable effort should be made by all applicants, permittees and licensees to eliminate all problems and conflicts. If no response to notification is received within 30 days, the applicant will be deemed to have made reasonable efforts to coordinate and may file its application without a response; ( v ) The 30-day notification period is calculated from the date of receipt by the applicant, permittee, or licensee being notified. If notification is by mail, this date may be ascertained by: ( A ) The return receipt on certified mail; ( B ) The enclosure of a card to be dated and returned by the recipient; or ( C ) A conservative estimate of the time required for the mail to reach its destination. In the last case, the estimated date when the 30-day period would expire should be stated in the notification. ( vi ) An expedited prior coordination period (less than 30 days) may be requested when deemed necessary by a notifying party. The coordination notice should be identified as “expedited” and the requested response date should be clearly indicated. However, circumstances preventing a timely response from the receiving party should be accommodated accordingly. It is the responsibility of the notifying party to receive written concurrence (or verbal, with written to follow) from affected parties or their coordination representatives. ( vii ) All technical problems that come to light during coordination must be resolved unless a statement is included with the application to the effect that the applicant is unable or unwilling to resolve the conflict and briefly the reason therefore; ( viii ) Where a number of technical changes become necessary for a system during the course of coordination, an attempt should be made to minimize the number of separate notifications for these changes. Where the changes are incorporated into a completely revised notice, the items that were changed from the previous notice should be identified. When changes are not numerous or complex, the party receiving the changed notification should make an effort to respond in less than 30 days. When the notifying party believes a shorter response time is reasonable and appropriate, it may be helpful for that party to so indicate in the notice and perhaps suggest a response date; ( ix ) If, after coordination is successfully completed, it is determined that a subsequent change could have no impact on some parties receiving the original notification, these parties must be notified of the change and of the coordinator's opinion that no response is required; ( x ) Applicants, permittees and licensees should supply to all other applicants, permittees and licensees within their areas of operations, the name, address and telephone number of their coordination representatives. Upon request from coordinating applicants, permittees and licensees, data and information concerning existing or proposed facilities and future growth plans in the area of interest should be furnished unless such request is unreasonable or would impose a significant burden in compilation; ( xi ) Parties should keep other parties with whom they are coordinating advised of changes in plans for facilities previously coordinated. If applications have not been filed 6 months after coordination was initiated, parties may assume that such frequency use is no longer desired unless a second notification has been received within 10 days of the end of the 6 month period. Renewal notifications are to be sent to all originally notified parties, even if coordination has not been successfully completed with those parties; and ( xii ) Any frequency reserved by a licensee for future use in the bands subject to this part must be released for use by another licensee, permittee, or applicant upon a showing by the latter that it requires an additional frequency and cannot coordinate one that is not reserved for future use. ( c ) For each frequency coordinated under this part, the following frequency usage coordination procedures will apply: ( 1 ) General requirements. Applicants are responsible for selecting the frequency assignments that are least likely to result in mutual interference with other licensees in the same area. Applicants may consult local frequency coordination committees, where they exist, for information on frequencies available in the area. Proposed frequency usage must be coordinated with existing licensees and applicants in the area whose facilities could affect or be affected by the new proposal in terms of frequency interference on active channels, applied-for channels, or channels coordinated for future growth. Coordination must be completed prior to filing an application for regular authorization, for major amendment to a pending application, or for major modification to a license. ( 2 ) To be acceptable for filing, all applications for regular authorization, or major amendment to a pending application, or major modification to a license, must include a certification attesting that all co-channel and adjacent-channel licensees and applicants potentially affected by the proposed fixed use of the frequency(ies) have been notified and are in agreement that the proposed facilities can be installed without causing harmful interference to those other licensees and applicants. ( d ) For each frequency coordinated under this part, applicants are responsible for selecting the frequency assignments that are least likely to result in mutual interference with other licensees in the same area. Applicants may consult local frequency coordination committees, where they exist, for information on frequencies available in the area. In selecting frequencies, consideration should be given to the relative location of receive points, normal transmission paths, and the nature of the contemplated operation. [ 68 FR 12774 , Mar. 17, 2003, as amended at 75 FR 17061 , Apr. 5, 2010] § 78.40 Transition of the 1990-2025 MHz band from the Cable Television Relay Service to emerging technologies. ( a ) New Entrants are collectively defined as those licensees proposing to use emerging technologies to implement Mobile Satellite Services in the 2000-2020 MHz band (MSS licensees), those licensees authorized after July 1, 2004 to implement new Fixed and Mobile services in the 1990-1995 MHz band, and those licensees authorized after September 9, 2004 in the 1995-2000 MHz and 2020-2025 MHz bands. New entrants may negotiate with Cable Television Relay Service licensees operating on a primary basis and fixed service licensees operating on a primary basis in the 1990-2025 MHz band (Existing Licensees) for the purpose of agreeing to terms under which the Existing Licensees would relocate their operations to the 2025-2110 MHz band, to other authorized bands, or to other media; or, alternatively, would accept a sharing arrangement with the New Entrants that may result in an otherwise impermissible level of interference to the Existing Licensee's operations. New licensees in the 1995-2000 MHz and 2020-2025 MHz bands are subject to the specific relocation procedures adopted in WT Docket 04-356. ( b ) Existing Licensees in the 1990-2025 MHz band allocated for licensed emerging technology services will maintain primary status in the band until a New Entrant completes relocation of the Existing Licensee's operations or the Existing Licensee indicates to a New Entrant that it declines to be relocated. ( c ) The Commission will amend the operating license of the Existing Licensee to secondary status only if the following requirements are met: ( 1 ) The service applicant, provider, licensee, or representative using an emerging technology guarantees payment of all relocation costs, including all engineering, equipment, site and FCC fees, as well as any reasonable additional costs that the relocated Existing Licensee might incur as a result of operation in another authorized band or migration to another medium; ( 2 ) The New Entrant completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are used, identifying and obtaining, on the incumbents' behalf, new microwave or Cable Television Relay Service frequencies and frequency coordination. ( 3 ) The New Entrant builds the replacement system and tests it for comparability with the existing system. ( d ) The Existing Licensee is not required to relocate until the alternative facilities are available to it for a reasonable time to make adjustments, determine comparability, and ensure a seamless handoff. ( e ) If, within one year after the relocation to new facilities the Existing Licensee demonstrates that the new facilities are not comparable to the former facilities, the New Entrant must remedy the defect. ( f ) Subject to the terms of this paragraph (f) , the relocation of Existing Licensees will be carried out by MSS licensees in the following manner: ( 1 ) Existing Licensees and MSS licensees may negotiate individually or collectively for relocation of Existing Licensees to one of the channel plans specified in § 74.602(a)(3) of this part . Parties may not decline to negotiate, though Existing Licensees may decline to be relocated. ( i ) MSS licensees may relocate all Existing Licensees in Nielsen Designated Market Areas (DMAs) 1-30, as such DMAs existed on September 6, 2000, except those Existing Licensees that decline relocation. Such relocation negotiations shall be conducted as “mandatory negotiations,” as that term is used in § 101.73 of this chapter . If these parties are unable to reach a negotiated agreement, MSS Licensees may involuntarily relocate such Existing Licensees after December 8, 2004. ( ii ) [Reserved] ( iii ) On the date that the first MSS licensee begins operations in the 2000-2020 MHz band, a one-year mandatory negotiation period begins between MSS licensees and Existing Licensees in DMAs 31-210, as such DMAs existed on September 6, 2000. After the end of the mandatory negotiation period, MSS licensees may involuntary relocate any Existing Licensees with which they have been unable to reach a negotiated agreement. As described elsewhere in this paragraph (f) , MSS Licensees are obligated to relocate these Existing Licensees within the specified three- and five-year time periods. ( 2 ) Before negotiating with MSS licensees, Existing Licensees in Nielsen Designated Market Areas where there is a BAS frequency coordinator must coordinate and select a band plan for the market area. If an Existing Licensee wishes to operate in the 2025-2110 MHz band using the channel plan specified in § 78.18(a)(6)(i) of this part , then all licensees within that Existing Licensee's market must agree to such operation and all must operate on a secondary basis to any licensee operating on the channel plan specified in § 78.18(a)(6)(ii) . All negotiations must produce solutions that adhere to the market area's band plan. ( 3 ) - ( 4 ) [Reserved] ( 5 ) As of the date the first MSS Licensee begins operations in the 1990-2025 MHz band, MSS Licensees must relocate Existing Licensees in DMAs 31-100, as they existed as of September 6, 2000, within three years, and in the remaining DMAs, as they existed as of September 6, 2000, within five years. ( 6 ) On December 9, 2013, all Existing Licensees will become secondary in the 1990-2025 MHz band. Upon written demand by any MSS Licensee, Existing Licensees must cease operations in the 1990-2025 MHz band within six months. [ 65 FR 48181 , Aug. 7, 2000, as amended at 67 FR 53756 , Aug. 19, 2002; 68 FR 68253 , Dec. 8, 2003; 69 FR 62622 , Oct. 27, 2004; 69 FR 67836 , Nov. 22, 2004; 74 FR 29613 , June 23, 2009] Subpart C—General Operating Requirements § 78.51 Remote control operation. ( a ) A CARS station may be operated by remote control: Provided, That such operation is conducted in accordance with the conditions listed below: And provided further, That the Commission, in Washington, DC, is notified at least 10 days prior to the beginning of such operation and that such notification is accompanied by a detailed description showing the manner of compliance with the following conditions: ( 1 ) The transmitter and associated control system shall be installed and protected in a manner designed to prevent tampering or operation by unauthorized persons. ( 2 ) An operator shall be on duty at the remote control position and in actual charge thereof at all times when the station is in operation. ( 3 ) Facilities shall be provided at the control position which will permit the operator to turn the transmitter on and off at will. The control position shall also be equipped with suitable devices for observing the overall characteristics of the transmissions and a carrier operated device which will give a continuous visual indication whenever the transmitting antenna is radiating a signal. The transmitting apparatus shall be inspected as often as may be necessary to insure proper operation. ( 4 ) The control circuits shall be so designed and installed that short circuits, open circuits, other line faults, or any other cause which would result in loss of control of the transmitter will automatically cause the transmitter to cease radiating. ( b ) An application for authority to construct a new station or to make changes in the facilities of an existing station and which proposes operation by remote control shall include an adequate showing of the manner of compliance with the requirements of this section. ( c ) The Commission may notify the licensee not to commence remote control operation, or to cancel, suspend, or change the date of the beginning of such operation as and when such action may appear to be in the public interest, convenience, or necessity. [ 37 FR 3292 , Feb. 12, 1972, as amended at 41 FR 29695 , July 19, 1976; 49 FR 20671 , May 16, 1984; 50 FR 23421 , June 4, 1985] § 78.53 Unattended operation. ( a ) A CARS station may be operated unattended: Provided, That such operation is conducted in accordance with the conditions listed below: And provided further, That the Commission, in Washington, DC, is notified at least 10 days prior to the beginning of unattended operation if such operation is not indicated on the station authorization. ( 1 ) The transmitter and associated control circuits shall be installed and protected in a manner designed to prevent tampering or operation by unauthorized persons. ( 2 ) If the transmitting apparatus is located at a site which is not readily accessible at all hours and in all seasons, means shall be provided for turning the transmitter on and off at will from a location which can be reached promptly at all hours and in all seasons. ( 3 ) Personnel responsible for the maintenance of the station shall be available on call at a location which will assure expeditious performance of such technical servicing and maintenance as may be necessary whenever the station is operating. In lieu thereof, arrangements may be made to have a person or persons available at all times when the transmitter is operating, to turn the transmitter off in the event that it is operating improperly. The transmitter may not be restored to operation until the malfunction has been corrected by a technically qualified person. ( 4 ) The station licensee shall be responsible for the proper operation of the station at all times and is expected to provide for observations, servicing and maintenance as often as may be necessary to ensure proper operation. All adjustments or tests during or coincident with the installation, servicing, or maintenance of the station which may affect its operation shall be performed by or under the immediate supervision of a technically qualified person. ( b ) The Commission may notify the licensee not to commence unattended operation, or to cancel, suspend, or change the date of the beginning of such operation as and when such action may appear to be in the public interest, convenience, or necessity. (Secs. 1, 2, 301, 307, 48 Stat., as amended 1064, 1081, 1083; ( 47 U.S.C. 151 , 152 , 301 , 307 )) [ 37 FR 3292 , Feb. 12, 1972, as amended at 41 FR 29695 , July 19, 1976; 42 FR 61864 , Dec. 7, 1977; 43 FR 4617 , Feb. 3, 1978; 43 FR 25127 , June 9, 1978; 49 FR 20671 , May 16, 1984; 50 FR 23422 , June 4, 1985; 50 FR 32418 , Aug. 12, 1985] § 78.55 Time of operation. A CARS station is not expected to adhere to any prescribed schedule of operation. Continous radiation of the carrier without modulation is permitted provided harmful interference is not caused to other authorized stations. [ 43 FR 25127 , June 9, 1978] § 78.57 Station inspection. The station and all records required to be kept by the licensee shall be made available for inspection upon request by any authorized representative of the Commission. § 78.59 Posting of station and operator licenses. ( a ) The station license and any other instrument of authorization or individual order concerning the construction or the equipment or manner of operation shall be posted at the place where the transmitter is located, so that all terms thereof are visible except as otherwise provided in paragraphs (b) and (c) of this section. ( b ) In cases where the transmitter is operated by remote control, the documents referred to in paragraph (a) of this section shall be posted in the manner described at the control point of the transmitter. ( c ) In cases where the transmitter is operated unattended, the name of the licensee and the call sign of the unattended station shall be displayed at the transmitter site on the structure supporting the transmitting antenna, so as to be visible to a person standing on the ground at the transmitter site. The display shall be prepared so as to withstand normal weathering for a reasonable period of time and shall be maintained in a legible condition at all times by the licensee. The station license and other documents referred to in paragraph (a) of this section shall be kept at the nearest attended station or, in cases where the licensee of the unattended station does not operate attended stations, at the point of destination of the signals relayed by the unattended station. [ 37 FR 3292 , Feb. 12, 1972, as amended at 49 FR 20671 , May 16, 1984] § 78.61 Operator requirements. ( a ) Except in cases where a CARS station is operated unattended in accordance with § 78.53 or except as provided in other paragraphs of this section, a person shall be on duty at the place where the transmitting apparatus is located, in plain view and in actual charge of its operation or at a remote control point established pursuant to the provision of § 78.51 , at all times when the station is in operation. Control and monitoring equipment at a remote control point shall be readily accessible and clearly visible to the operator at that position. ( b ) Any transmitter tests, adjustments, or repairs during or coincident with the installation, servicing, operation or maintenance of a CARS station which may affect the proper operation of such station shall be made by or under the immediate supervision and responsibility of a person responsible for proper functioning of the station equipment. ( c ) The operator on duty and in charge of a CARS station may, at the discretion of the licensee, be employed for other duties or for the operation of another station or stations in accordance with the rules governing such stations. However, such duties shall in no way impair or impede the required supervision of the CARS station. ( d ) CARS stations operating with nominal transmitter power of 250 milliwatts or less may be operated by any person whom the licensee shall designate. Pursuant to this provision, the designated person shall perform as the licensee's agent and proper operation of the station shall remain the licensee's responsibility. ( e ) Mobile CARS stations operating with nominal transmitter power in excess of 250 milliwatts may be operated by any person whom the licensee shall designate: Provided that a person is on duty at a receiving end of the circuit to supervise operation and to immediately institute measures sufficient to assure prompt correction of any condition of improper operation that may be observed. (Secs. 1, 2, 301, 307, 48 Stat., as amended, 1064, 1081, 1083; ( 47 U.S.C. 151 , 152 , 301 , 307 )) [ 43 FR 4617 , Feb. 3, 1978, as amended at 49 FR 20671 , May 16, 1984; 50 FR 32418 , Aug. 12, 1985] § 78.63 Antenna structure marking and lighting. The owner of each antenna structure is responsible for ensuring that the structure, if required, is painted and/or illuminated in accordance with part 17 of this chapter . In the event of default by the owner, each licensee shall be responsible for ensuring that the structure complies with applicable painting and lighting requirements. [ 61 FR 4368 , Feb. 6, 1996] § 78.65 Additional orders. In case the rules of this part do not cover all phases of operation with respect to external effects, the Commission may make supplemental or additional orders in each case as may be deemed necessary. § 78.67 Familiarity with FCC rules. Both the licensee of a cable television relay station (CARS) and the operator or operators responsible for the proper operation of the station are expected to be familiar with the rules governing CARS stations. Copies of the Commission's rules may be obtained from the Superintendent of Documents, Government Publishing Office, Washington, DC 20401, at nominal cost, or accessed online at https://www.ecfr.gov or https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR . [ 83 FR 13684 , Mar. 30, 2018] § 78.69 Station records. Each licensee of a CARS station shall maintain records showing the following: ( a ) For all attended or remotely controlled stations, the date and time of the beginning and end of each period of transmission of each channel; ( b ) For all stations, the date and time of any unscheduled interruptions to the transmissions of the station, the duration of such interruptions, and the causes thereof; ( c ) For all stations, the results and dates of the frequency measurements made pursuant to § 78.113 and the name of the person or persons making the measurements; ( d ) For all stations, when service or maintenance duties are performed, which may affect a station's proper operation, the responsible operator shall sign and date an entry in the station's records, giving: ( 1 ) Pertinent details of all transmitter adjustments performed by the operator or under the operator's supervision. ( e ) When a station in this service has an antenna structure which is required to be illuminated, appropriate entries shall be made as follows: ( 1 ) The time the tower lights are turned on and off each day, if manually controlled. ( 2 ) The time the daily check of proper operation of the tower lights was made, if an automatic alarm system is not employed. ( 3 ) In the event of any observed or otherwise known failure of a tower light: ( i ) Nature of such failure. ( ii ) Date and time the failure was observed or otherwise noted. ( iii ) Date, time, and nature of the adjustments, repairs, or replacements made. ( iv ) Identification of Flight Service Station (Federal Aviation Administration) notified of the failure of any code or rotating beacon light not corrected within 30 minutes, and the date and time such notice was given. ( v ) Date and time notice was given to the Flight Service Station (Federal Aviation Administration) that the required illumination was resumed. ( 4 ) Upon completion of the 3-month periodic inspection required by § 78.63(c) : ( i ) The date of the inspection and the condition of all tower lights and associated tower lighting control devices, indicators, and alarm systems. ( ii ) Any adjustments, replacements, or repairs made to insure compliance with the lighting requirements and the date such adjustments, replacements, or repairs were made. ( f ) For all stations, station record entries shall be made in an orderly and legible manner by the person or persons competent to do so, having actual knowledge of the facts required, who shall sign the station record when starting duty and again when going off duty. ( g ) For all stations, no station record or portion thereof shall be erased, obliterated, or willfully destroyed within the period of retention required by rule. Any necessary correction may be made only by the person who made the original entry who shall strike out the erroneous portion, initial the correction made, and show the date the correction was made. ( h ) For all stations, station records shall be retained for a period of not less than 2 years. The Commission reserves the right to order retention of station records for a longer period of time. In cases where the licensee or permittee has notice of any claim or complaint, the station record shall be retained until such claim or complaint has been fully satisfied or until the same has been barred by statute limiting the time for filing of suits upon such claims. [ 41 FR 29695 , July 19, 1976, as amended at 49 FR 20672 , May 16, 1984; 50 FR 23422 , June 4, 1985] § 78.75 Equal employment opportunities. See Subpart E, Part 76 of this chapter . [ 51 FR 9966 , Mar. 24, 1986] Subpart D—Technical Regulations § 78.101 Power limitations. ( a ) On any authorized frequency, the average power delivered to an antenna shall be the minimum amount of power necessary to carry out the communications desired. In no event shall the average transmitter power or equivalent isotropically radiated power (EIRP) exceed the values specified below. Frequency band (MHz) Maximum allowable transmitter power—mobile (W) Maximum allowable EIRP 1 2 Fixed (dBW) Mobile (dBW) 2,025 to 2,110 20.0 + 35 6,425 to 6,525 20.0 + 35 6,875 to 7,125 20.0 + 35 12,700 to 13,250 1.5 + 55 + 45 17,700 to 18,600 + 55 18,600 to 18,800 1 + 35 18,800 to 19,700 + 55 1 The power delivered to the antenna is limited to −3 dBW. 2 Stations licensed based on an application filed before April 16, 2003, for EIRP values exceeding those specified above, may continue to operate indefinitely in accordance with the terms of their current authorizations, subject to periodic renewal. ( b ) LDS stations shall use for the visual signal-vestigial sideband AM transmission. When vestigial sideband AM transmission is used the peak power of the visual signal on all channels shall be maintained within 2 dB of equality. The mean power of the aural signal on each channel shall not exceed a level of 7 dB below the peak power of the visual signal. ( c ) The EIRP of transmitters that use Automatic Transmitter Power Control (ATPC) shall not exceed the EIRP specified on the station authorization. The EIRP of non-ATPC transmitters shall be maintained as near as practicable to the EIRP specified on the station authorization. [ 45 FR 78694 , Nov. 26, 1980, as amended at 52 FR 7144 , Mar. 9, 1987; 65 FR 48182 , Aug. 7, 2000; 68 FR 12776 , Mar. 17, 2003] § 78.103 Emissions and emission limitations. ( a ) A CARS station may be authorized to employ any type of emission, for which there are technical standards incorporated in Subpart D of this part , suitable for the simultaneous transmission of visual and aural television signals. ( b ) Any emission appearing on a frequency outside of the channel authorized for a transmitter shall be attenuated below the power of the emission in accordance with the following schedule: ( 1 ) For stations using FM or double sideband AM transmission: ( i ) On any frequency above the upper channel limit or below the lower channel limit by between zero and 50 percent of the authorized channel width: At least 25 decibels below the mean power of the emission; ( ii ) On any frequency above the upper channel limit or below the lower channel limit by more than 50 percent and up to 150 percent of the authorized channel width: At least 35 decibels below the mean power of the emission; and ( iii ) On any frequency above the upper channel limit or below the lower channel limit by more than 150 percent of the authorized channel width: At least 43 + 10 log 1 0 (power in watts) decibels below the mean power of the emission. ( 2 ) For CARS stations using vestigial sideband AM transmission: At least 50 decibels below the peak power of the emission. ( c ) For operation in the 17.7.7-19.7 GHz band: The mean power of any emission shall be attenuated below the mean output power of the transmitter in accordance with the following schedule: ( 1 ) When using frequency modulation: ( i ) On any frequency removed from the assigned (center) frequency by more than 50% up to and including 100% of the authorized bandwidth: At least 25 dB; ( ii ) On any frequency removed from the assigned (center) frequency by more than 100% up to and including 250% of the authorized bandwidth: At least 35 dB; ( iii ) On any frequency removed from the assigned (center) frequency by more than 250% of the authorized bandwidth: At least 43 + 10 log 10 (mean output power in watts) dB, or 80 dB, whichever is the lesser attenuation. ( 2 ) When using digital modulation: ( i ) In any 1 MHz band, the center frequency of which is removed from the assigned frequency by more than 50% up to and including 250% of the authorized bandwidth: As specified by the following equation but in no event less than 11 dB. A = 11 + 0.4 (P − 50) + 10 log 10 B where: A = Attenuation (in dB) below the mean output power level. P = Percent removed from the carrier frequency. B = Authorized bandwidth in MHz. [Attenuation greater than 56 decibels is not required.] ( ii ) In any 4 kHz band, the center frequency of which is removed from the assigned frequency by more than 250% of the authorized bandwidth: At least 43 = 10 log 10 (mean output power in watts) dB, or 80 dB, whichever is the lesser attenuation. ( 3 ) Amplitude Modulation: For vestigial sideband AM video: On any frequency removed from the center frequency of the authorized band by more than 50%: at least 50 dB below peak power of the emission. ( d ) In the event that interference to other stations is caused by emissions outside the authorized channel, the Commission may require greater attenuation than that specified in paragraph (b) of this section. ( e ) The maximum bandwidth that will be authorized per frequency assignment is set out in the table that follows. Regardless of the maximum authorized bandwidth specified for each frequency band, the Commission reserves the right to issue a license for less than the maximum bandwidth if it appears that a bandwidth less than the maximum would be sufficient to support an applicant's intended communications. Frequency band (MHz) Maximum authorized band-width (MHz) 1,990 to 2,110 17 or 18. 1 6,425 to 6,525 8 or 25. 6,875 to 7,125 25. 12,700 to 13,250 25. 17,700 to 19,700 80. 1 After a licensee has been relocated in accordance with § 78.40 , the maximum authorized bandwidth in the frequency band 2025 to 2010 MHz will be 12 megahertz. [ 37 FR 3292 , Feb. 12, 1972, as amended at 37 FR 15927 , Aug. 8, 1972; 38 FR 16648 , June 25, 1973; 39 FR 26025 , July 16, 1974; 48 FR 50736 , Nov. 3, 1983; 49 FR 37779 , Sept. 26, 1984; 52 FR 7145 , Mar. 9, 1987; 65 FR 48182 , Aug. 7, 2000; 68 FR 12776 , Mar. 17, 2003; 68 FR 68253 , Dec. 8, 2003] § 78.104 Authorized bandwidth and emission designator. ( a ) The authorized bandwidth permitted to be used by a CARS station and specified in the station license shall be the occupied or necessary bandwidth, whichever is greater, except when otherwise authorized by the Commission in accordance with paragraph (b) of this section. ( b ) As an exception to the provision of paragraph (a) of this section, the Commission may approve requests to base the authorized bandwidth for the station on the lesser of the occupied or necessary bandwidth where a persuasive showing is made that: ( 1 ) The frequency stability of the transmitting equipment to be used will permit compliance with § 78.103(b)(1) and, additionally, will permit 99 percent of the total radiated power to be kept within the frequency limits of the assigned channel. ( c ) The emission designator shall be specified in terms of the necessary bandwidth. (See § 2.201(a) of this chapter .) [ 39 FR 26025 , July 16, 1974, as amended at 45 FR 78694 , Nov. 26, 1980] § 78.105 Antenna systems. ( a ) For fixed stations operating in the 12.7-13.2 GHz and 17.7-19.7 GHz bands, the following standards apply: ( 1 ) Fixed CARS stations shall use directional antennas that meet the performance standards indicated in the following table. ( i ) Stations must employ an antenna that meets the performance standards for Category B. In areas subject to frequency congestion, where proposed facilities would be precluded by continued use of a Category B antenna, a Category A antenna must be employed. The Commission may require the use of a high performance antenna where interference problems can be resolved by the use of such antennas. ( ii ) Upon adequate showing of need to serve a larger sector, or more than a single sector, greater beamwidth or multiple antennas may be authorized. Applicants shall request and authorization for stations in this service will specify the polarization of each transmitted signal. ( iii ) Licensees shall comply with the antenna standards table shown in this paragraph in the following manner: ( A ) With either the maximum beamwidth to 3 dB points requirement or with the minimum antenna gain requirement; and ( B ) With the minimum radiation suppression to angle requirement. Antenna Standards Frequency (MHz) Category Maximum beamwidith to 3 dB points 1 (included angle in degrees) Minimum antenna gain (dbi) Minimum radiation suppression to angle in degrees from centerline of main beam in decibels 5° to 10° 10° to 15° 15° to 20° 20° to 30° 30° to 100° 100° to 140° 140° to 180° 12,700 to 13,250 A B 1.0 2.0 n/a n/a 23 20 28 25 35 28 39 30 41 32 42 37 50 47 17,700 to 19,700 A B 2.2 2.2 38 38 25 20 29 24 33 28 36 32 42 35 55 36 55 36 1 If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation planes. ( 2 ) New periscope antenna systems will be authorized upon a certification that the radiation, in a horizontal plane, from an illuminating antenna and reflector combination meets or exceeds the antenna standards of this section. This provision similarly applies to passive repeaters employed to redirect or repeat the signal from a station's directional antenna system. ( 3 ) The choice of receiving antennas is left to the discretion of the licensee. However, licensees will not be protected from interference which results from the use of antennas with poorer performance than defined in paragraph (a) of this section. ( 4 ) Pickup stations are not subject to the performance standards herein stated. The provisions of this paragraph are effective for all new applications accepted for filing after October 1, 1981. ( b ) Any fixed station licensed pursuant to an application accepted for filing prior to October 1, 1981, may continue to use its existing antenna system, subject to periodic renewal until April 1, 1992, After April 1, 1992, all licensees are to use antenna systems in conformance with the standards of this section. TV auxiliary broadcast stations are considered to be located in an area subject to frequency congestion and must employ a Category A antenna when: ( 1 ) A showing by an applicant of a new CAR service or TV auxiliary broadcast, which shares the 12.7-13.20 GHz band with CARS, indicates that use of a category B antenna limits a proposed project because of interference, and ( 2 ) That use of a category A antenna will remedy the interference thus allowing the project to be realized. ( c ) As an exception to the provisions of this section, the FCC may approve requests for use of periscope antenna systems where a persuasive showing is made that no frequency conflicts exist in the area of proposed use. Such approvals shall be conditioned to require conversion to a standard antenna as required in paragraph (a) of this section when an applicant of a new TV auxiliary broadcast or Cable Television Relay station indicates that the use of the existing antenna system will cause interference and the use of a category A or B antenna will remedy the interference. ( d ) As a further exception to the provision of paragraph (a) of this section the Commission may approve antenna systems not conforming to the technical standards where a persuasive showing is made that: ( 1 ) Indicates in detail why an antenna system complying with the requirements of paragraph (a) of this section cannot be installed, and ( 2 ) Includes a statement indicating that frequency coordination as required in § 78.18a was accomplished. [ 45 FR 78694 , Nov. 26, 1980, as amended at 49 FR 37779 , Sept. 26, 1984; 50 FR 7343 , Feb. 22, 1985; 51 FR 19841 , June 3, 1986; 56 FR 50664 , Oct. 8, 1991; 62 FR 4923 , Feb. 3, 1997; 68 FR 12776 , Mar. 17, 2003] § 78.106 Interference to geostationary-satellites. Applicants and licensees must comply with § 101.145 of this chapter to minimize the potential of interference to geostationary-satellites. [ 68 FR 12776 , Mar. 17, 2003] § 78.107 Equipment and installation. ( a ) Applications for new cable television relay stations, other than fixed stations, will not be accepted unless the equipment specified therein has been certified in accordance with subpart J of part 2 of this chapter . In the case of fixed stations, the equipment must be authorized under Supplier's Declaration of Conformity for use pursuant to the provisions of this subpart. Transmitters designed for use in the 31.0 to 31.3 GHz band shall be authorized under Supplier's Declaration of Conformity. Note 1 to the introductory text to paragraph ( a ): The verification procedure has been replaced by Supplier's Declaration of Conformity. Equipment previously authorized under subpart J of part 2 of this chapter may remain in use. See § 2.950 of this chapter . ( 1 ) All transmitters first licensed or marketed shall comply with technical standards of this subpart. This paragraph (b)(1) of this section is effective October 1, 1981. ( 2 ) Neither certification nor Supplier's Declaration of Conformity is required for the following transmitters: ( i ) Those which have an output power not greater than 250 mW and which are used in a CARS pickup station operating in the 12.7-13.2 GHz band; and ( ii ) Those used under a developmental authorization. ( b ) Cable television relay station transmitting equipment authorized to be used pursuant to an application accepted for filing prior to October 1, 1981, may continue to be used, provided, that if operation of such equipment causes harmful interference due to its failure to comply with the technical standards set forth in this subpart the Commission may, at its discretion, require the licensee to take such corrective action as is necessary to eliminate the interference. ( c ) The installation of a CARS station shall be made by or under the immediate supervision of a qualified engineer. Any tests or adjustments requiring the radiation of signals and which could result in improper operation shall be conducted by or under the immediate supervision of a person with required knowledge and skill to perform such tasks. ( d ) Simple repairs such as the replacement of tubes, fuses, or other plug-in components which require no particular skill may be made by an unskilled person. Repairs requiring replacement of attached components or the adjustment of critical circuits or corroborative measurements shall be made only by a person with required knowledge and skill to perform such tasks. [ 37 FR 3292 , Feb. 12, 1972, as amended at 45 FR 78695 , Nov. 26, 1980; 49 FR 4001 , Feb. 1, 1984; 49 FR 20672 , May 16, 1984; 50 FR 7343 , Feb. 22, 1985; 63 FR 36606 , July 7, 1998; 63 FR 49870 , Sept. 18, 1998; 82 FR 50837 , Nov. 2, 2017] § 78.108 Minimum path lengths for fixed links. ( a ) The distance between end points of a fixed link must equal or exceed the value set forth in the table below or the EIRP must be reduced in accordance with the equation set forth below. Frequency band (MHz) Minimum path length (km) 12,200 to 13,250 5 Above 17,700 N/A ( b ) For paths shorter than those specified in the Table, the EIRP shall not exceed the value derived from the following equation. EIRP = MAXEIRP − 40 log(A/B) dBW Where: EIRP = The new maximum EIRP (equivalent isotropically radiated power) in dBW. MAXEIRP = Maximum EIRP as set forth in the Table in § 74.636 of this part . A = Minimum path length from the Table above for the frequency band in kilometers. B = The actual path length in kilometers. Note to paragraph ( b ): For transmitters using Automatic Transmitter Power Control, EIRP corresponds to the maximum transmitter power available, not the coordinated transmit power or the nominal transmit power. ( c ) Upon an appropriate technical showing, applicants and licensees unable to meet the minimum path length requirement may be granted an exception to these requirements. Note: Links authorized prior to April 1, 1987, are excluded from this requirement, except that, effective April 1, 1992, the Commission will require compliance with the criteria where an existing link would otherwise preclude establishment of a new link. [ 52 FR 7145 , Mar. 9, 1987, as amended at 68 FR 12776 , Mar. 17, 2003] § 78.109 Major and minor modifications to stations. ( a ) Amendments to applications and modifications to stations are classified as major or minor. A major modification requires a formal application. A major amendment to an application is treated as a new application. ( b ) Major modifications to a station or amendments to an application include, but are not limited to: ( 1 ) Any increase in bandwidth; ( 2 ) Any change in the transmitting antenna system of a station, other than a CARS pickup station, including the direction of the main radiation lobe, directive pattern, antenna gain or transmission line, antenna height or location; ( 3 ) Any change in the type of modulation; ( 4 ) Any change in the location of a station transmitter, other than a CARS pickup station transmitter, except a move within the same building or upon the tower or mast or a change in the area of operation of a CARS pickup station; ( 5 ) Any change in frequency assignment, including polarization; ( 6 ) Any increase in authorized operating power; ( 7 ) Any substantial change in ownership or control; ( 8 ) Any addition or change in frequency, excluding removing a frequency; ( 9 ) Any modification or amendment requiring an environmental assessment (as governed by §§ 1.1301 through 1319 of this chapter , including changes affecting historic preservation under § 1.1307(a)(4) of this chapter and 16 U.S.C. 470 (National Historic Preservation Act)); ( 10 ) Any request requiring frequency coordination; or ( 11 ) Any modification or amendment requiring notification to the Federal Aviation Administration as defined in 47 CFR 17, subpart B . ( c ) Minor changes may be made at the discretion of the licensee, provided proper notice is given to the Commission within 30 days of implementing the change and provided further, that the changes are appropriately reflected in the next application for renewal of the license for the station. ( d ) For applications and modifications, the following changes are considered minor: ( 1 ) Any name change not involving change in ownership or control of the license; ( 2 ) Any change to administrative information, e.g., address, telephone number, or contact person; ( 3 ) Any change in ownership that does not affect the identity or controlling interest of the licensee; ( 4 ) Lowering power; ( 5 ) Removing one or more channels; or ( 6 ) Deleting a path. [ 68 FR 27004 , May 19, 2003] § 78.111 Frequency tolerance. Stations in this service shall maintain the carrier frequency of each authorized transmitter to within the following percentage of the assigned frequency. Frequency band (MHz) Frequency tolerance Fixed (percent) Mobile (percent) 1,990 to 2,110 0.005 6,425 to 6,525 0.005 6,875 to 7,125 0.005 12,700 to 13,250 1 0.005 0.005 17,700 to 18,820 0.003 18,820 to 18,920 0.001 18,920 to 19,700 0.003 1 Stations that employing vestigal sideband AM transmissions shall maintain their operating frequency within 0.0005% the visual carrier, and the aural carrier shall be 4.5 MHz ±1 kHz above the visual carrier frequency. [ 52 FR 7145 , Mar. 9, 1987, as amended at 68 FR 12776 , Mar. 17, 2003] § 78.113 Frequency monitors and measurements. ( a ) The licensee of each CARS station shall employ a suitable procedure to determine that the carrier frequency of each transmitter is maintained within the tolerance prescribed in § 78.111 at all times. The determination shall be made, and the results thereof entered in the station records: when a transmitter is initially installed; when any change is made in a transmitter which may affect the carrier frequency or the stability thereof; or in any case at intervals not exceeding one year. ( b ) The choice of apparatus to measure the operating frequency is left to the discretion of the licensee. However, failure of the apparatus to detect departures of the operating frequency in excess of the prescribed tolerance will not be deemed an acceptable excuse for the violation. [ 37 FR 3292 , Feb. 12, 1972, as amended at 41 FR 29696 , July 19, 1976; 50 FR 23422 , June 4, 1985] § 78.115 Modulation limits. ( a ) If amplitude modulation is employed, negative modulation peaks shall not exceed 100 percent modulation. [ 37 FR 3292 , Feb. 12, 1972, as amended at 45 FR 78696 , Nov. 26, 1980] Alphabetical Index—Part 78 A Antenna systems 78.105 Applications— Acceptance of; public notice 78.20 Amendments of 78.17 Contents of 78.15 Dismissal of 78.21 Objections to 78.22 Signing of 78.16 Assignment or transfer of control 78.35 Authority, Temporary 78.33 Authorized bandwidth 78.104 B Bandwidth authorized 78.104 C Certificated equipment 78.107 Changes in equipment 78.109 Conditions for license 78.27 Coordination, frequencies 78.36 Cross reference to other rules 78.3 D Definitions 78.5 E Eligibility for license 78.13 Emission designator 78.104 Emissions; emission limitations 78.103 Equal employment opportunities 78.75 Equipment changes 78.109 Equipment installation 78.107 Equipment tests 78.23 Extension of license, Temporary 78.31 F Frequency assignments 78.18 Frequency coordination 78.36 Frequency monitors and measurements 78.113 Frequency tolerance 78.111 G-H [Reserved] I Interference 78.19 Inspection of station by FCC 78.57 Installation of equipment 78.107 J-K [Reserved] L License conditions 78.27 License eligibility 78.13 License extension, Temporary 78.31 License period 78.29 Licenses, station and operator, Posting of 78.59 Lighting and maintenance of towers 78.63 Limitations, Power 78.101 Limits of modulation 78.115 M Maintenance and lighting of towers 78.63 Modulation limits 78.115 Monitors and Measurements, Frequency 78.113 N [Reserved] O Operation by remote control 78.51 Operation, Time of 78.55 Operation, Unattended 78.53 Operator and station licenses, Posting of 78.59 Operator requirements 78.61 P Period of license 78.29 Permissible service 78.11 Possession of rules 78.67 Posting of operator and station licenses 78.59 Power limitations 78.101 Purpose of Part 78 78.1 Q [Reserved] R Records of station 78.69 Remote control operation 78.51 Rules in other Parts 78.3 Rules, Possession of 78.67 S Service, Permissible 78.11 Station and operator licenses, Posting of 78.59 Station inspection by FCC 78.57 Station records 78.69 T Temporary authority 78.33 Temporary extension of license 78.31 Tests— Equipment 78.23 Program 78.25 Service 78.25 Time of operation 78.55 Tolerance, Frequency 78.111 Towers, Lighting and maintenance 78.63 Transfer of control or assignment 78.35 U Unattended operation 78.53 V-Z [Reserved] [ 50 FR 38537 , Sept. 23, 1985, as amended at 63 FR 36606 , July 7, 1998]
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PART 20—COMMERCIAL MOBILE SERVICES Authority: 47 U.S.C. 151 , 152(a) , 154(i) , 155 , 157 , 160 , 201 , 214 , 222 , 251(e) , 301 , 302 , 303 , 303(b) , 303(r) , 307 , 307(a) , 309 , 309(j)(3) , 316 , 316(a) , 332 , 610 , 615 , 615a , 615b , and 615c , unless otherwise noted. Source: 59 FR 18495 , Apr. 19, 1994, unless otherwise noted. § 20.1 Purpose. The purpose of these rules is to set forth the requirements and conditions applicable to commercial mobile radio service providers. § 20.2 Other applicable rule parts. Other FCC rule parts applicable to licensees in the commercial mobile radio services include the following: ( a ) Part 1. This part includes rules of practice and procedure for license applications, adjudicatory proceedings, procedures for reconsideration and review of the Commission's actions; provisions concerning violation notices and forfeiture proceedings; competitive bidding procedures; and the environmental requirements that, together with the procedures specified in § 17.4(c) of this chapter , if applicable, must be complied with prior to the initiation of construction. Subpart F includes the rules for the Wireless Telecommunications Services and the procedures for filing electronically via the ULS. ( b ) Part 2. This part contains the Table of Frequency Allocations and special requirements in international regulations, recommendations, agreements, and treaties. This part also contains standards and procedures concerning the marketing and importation of radio frequency devices, and for obtaining equipment authorization. ( c ) Part 9. This part contains 911 and E911 requirements applicable to telecommunications carriers and commercial mobile radio service (CMRS) providers. [ 78 FR 21559 , Apr. 11, 2013, as amended at 84 FR 66779 , Dec. 5, 2019] § 20.3 Definitions. Automatic Roaming. With automatic roaming, under a pre-existing contractual agreement between a subscriber's home carrier and a host carrier, a roaming subscriber is able to originate or terminate a call in the host carrier's service area without taking any special actions. CIS Operator. An operator of a CIS at a correctional facility, whether a CIS solutions provider, or a DCFO or responsible party that deploys its own CIS at a correctional facility. Commercial mobile data service. ( 1 ) Any mobile data service that is not interconnected with the public switched network and is: ( i ) Provided for profit; and ( ii ) Available to the public or to such classes of eligible users as to be effectively available to the public. ( 2 ) Commercial mobile data service includes services provided by Mobile Satellite Services and Ancillary Terrestrial Component providers to the extent the services provided meet this definition. Commercial mobile radio service. A mobile service that is: ( 1 ) ( i ) Provided for profit, i.e., with the intent of receiving compensation or monetary gain; ( ii ) An interconnected service; and ( iii ) Available to the public, or to such classes of eligible users as to be effectively available to a substantial portion of the public; or ( 2 ) The functional equivalent of such a mobile service described in paragraph (1) of this definition, including a mobile broadband internet access service as defined in § 8.1 of this chapter . ( 3 ) A variety of factors may be evaluated to make a determination whether the mobile service in question is the functional equivalent of a commercial mobile radio service, including: Consumer demand for the service to determine whether the service is closely substitutable for a commercial mobile radio service; whether changes in price for the service under examination, or for the comparable commercial mobile radio service, would prompt customers to change from one service to the other; and market research information identifying the targeted market for the service under review. ( 4 ) Unlicensed radio frequency devices under part 15 of this chapter are excluded from this definition of commercial mobile radio service. Consumer Signal Booster. A bi-directional signal booster that is marketed and sold for use without modification. Contraband Interdiction System. A Contraband Interdiction System (CIS) is any system comprised of one or more stations that is used only at a permanent correctional facility that is authorized to operate such systems pursuant to this part and that is designed exclusively to prevent transmissions to or from contraband wireless devices within the boundaries of the facility and/or to obtain identifying information from such contraband wireless devices. Designated Correctional Facility Official. A Designated Correctional Facility Official (DCFO) is an official of the state, local, or Federal government responsible for administration and oversight of the relevant correctional facility where a contraband wireless device is located. ( 1 ) In government-run correctional facilities, this definition requires the DCFO to be, at a minimum, the official with responsibility for oversight of the relevant facility ( e.g., the warden) or higher ranking official. ( 2 ) In privately-run correctional facilities, this definition requires the DCFO to be a government official with responsibility for oversight of the facility's performance through contract. Fixed Consumer Signal Booster. A Consumer Signal Booster designed to be operated in a fixed location in a building. Host Carrier. For automatic roaming, the host carrier is a facilities-based CMRS carrier on whose system another carrier's subscriber roams. A facilities-based CMRS carrier may, on behalf of its subscribers, request automatic roaming service from a host carrier. Incumbent Wide Area SMR Licensees. Licensees who have obtained extended implementation authorizations in the 800 MHz or 900 MHz service, either by waiver or under Section 90.629 of these rules, and who offer real-time, two-way voice service that is interconnected with the public switched network. Industrial Signal Booster: All signal boosters other than Consumer Signal Boosters. Interconnection or Interconnected. Direct or indirect connection through automatic or manual means (by wire, microwave, or other technologies such as store and forward) to permit the transmission or reception of messages or signals to or from points in the public switched network. Interconnected service. A service: ( 1 ) That is interconnected with the public switched network, or interconnected with the public switched network through an interconnected service provider, that gives subscribers the capability to communicate to or receive communication from other users on the public switched network; or ( 2 ) For which a request for such interconnection is pending pursuant to section 332(c)(1)(B) of the Communications Act, 47 U.S.C. 332(c)(1)(B) . A mobile service offers interconnected service even if the service allows subscribers to access the public switched network only during specified hours of the day, or if the service provides general access to points on the public switched network but also restricts access in certain limited ways. Interconnected service does not include any interface between a licensee's facilities and the public switched network exclusively for a licensee's internal control purposes. Managed Access System. A Managed Access System (MAS) is a Contraband Interdiction System whose operations require: ( 1 ) One or more lease agreements with CMRS operators; and ( 2 ) Real-time awareness of wireless provider spectrum use in the vicinity of the correctional facility where it is deployed. Manual Roaming. With manual roaming, a subscriber must establish a relationship with the host carrier on whose system he or she wants to roam in order to make a call. Typically, the roaming subscriber accomplishes this in the course of attempting to originate a call by giving a valid credit card number to the carrier providing the roaming service. Mobile Consumer Signal Booster. A Consumer Signal Booster designed to operate in a moving vehicle where both uplink and downlink transmitting antennas are at least 20 cm from the user or any other person. Mobile Service. A radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes: ( a ) Both one-way and two-way radio communications services; ( b ) A mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation; and ( c ) Any service for which a license is required in a personal communications service under part 24 of this chapter . Non-individual. A non-individual is a partnership and each partner is eighteen years of age or older; a corporation; an association; a state, territorial, or local government unit; or a legal entity. Private mobile radio service. A mobile service that meets neither the paragraph (a) nor paragraph (b) definitions of commercial mobile radio service set forth in this section. A mobile service that does not meet the paragraph (a) definition of commercial mobile radio service in this section is presumed to be a private mobile radio service. Private mobile radio service includes the following: ( a ) Not-for-profit land mobile radio and paging services that serve the licensee's internal communications needs as defined in part 90 of this chapter . Shared-use, cost-sharing, or cooperative arrangements, multiple licensed systems that use third party managers or users combining resources to meet compatible needs for specialized internal communications facilities in compliance with the safeguards of § 90.179 of this chapter are presumptively private mobile radio services; ( b ) Mobile radio service offered to restricted classes of eligible users. This includes entities eligible in the Public Safety Radio Pool and Radiolocation service. ( c ) 220-222 MHz land mobile service and Automatic Vehicle Monitoring systems ( part 90 of this chapter ) that do not offer interconnected service or that are not-for-profit; and ( d ) Personal Radio Services under part 95 of this chapter (General Mobile Services, Radio Control Radio Services, and Citizens Band Radio Services); Maritime Service Stations (excluding Public Coast stations) ( part 80 of this chapter ); and Aviation Service Stations ( part 87 of this chapter ). Provider-Specific Consumer Signal Boosters. Provider-Specific Consumer Signal Boosters may only operate on the frequencies and in the market areas of the specified licensee(s). Provider-Specific Consumer Signal Boosters may only be certificated and operated with the consent of the licensee(s) whose frequencies are being amplified by the device. Public switched network. The network that includes any common carrier switched network, whether by wire or radio, including local exchange carriers, interexchange carriers, and mobile service providers, that uses the North American Numbering Plan, or public IP addresses, in connection with the provision of switched services. Signal booster. A device that automatically receives, amplifies, and retransmits on a bi- or unidirectional basis, the signals received from base, fixed, mobile, or portable stations, with no change in frequency or authorized bandwidth. Signal booster operator. The signal booster operator is the person or persons with control over the functioning of the signal booster, or the person or persons with the ability to deactivate it in the event of technical malfunctioning or harmful interference to a primary radio service. Wideband Consumer Signal Boosters. Wideband Consumer Signal Boosters may operate on the frequencies and in the market areas of multiple licensees. [ 59 FR 18495 , Apr. 19, 1994] Editorial Note Editorial Note: For Federal Register citations affecting § 20.3 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 20.5 Citizenship. ( a ) This rule implements section 310 of the Communications Act, 47 U.S.C. 310 , regarding the citizenship of licensees in the commercial mobile radio services. Commercial mobile radio service authorizations may not be granted to or held by: ( 1 ) Any foreign government or any representative thereof; ( 2 ) Any alien or the representative of any alien; ( 3 ) Any corporation organized under the laws of any foreign government; ( 4 ) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country; or ( 5 ) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. ( b ) The limits listed in paragraph (a) of this section may be exceeded by eligible individuals who held ownership interests on May 24, 1993, pursuant to the waiver provisions established in section 332(c)(6) of the Communications Act. Transfers of ownership to any other person in violation of paragraph (a) of this section are prohibited. [ 59 FR 18495 , Apr. 19, 1994, as amended at 61 FR 55580 , Oct. 28, 1996] § 20.6 CMRS spectrum aggregation limit. ( a ) Spectrum limitation. No licensee in the broadband PCS, cellular, or SMR services (including all parties under common control) regulated as CMRS ( see 47 CFR 20.9 ) shall have an attributable interest in a total of more than 55 MHz of licensed broadband PCS, cellular, and SMR spectrum regulated as CMRS with significant overlap in any geographic area. ( b ) SMR spectrum. To calculate the amount of attributable SMR spectrum for purposes of paragraph (a) of this section, an entity must count all 800 MHz and 900 MHz channels located at any SMR base station inside the geographic area (MTA or BTA) where there is significant overlap. All 800 MHz channels located on at least one of those identified base stations count as 50 kHz (25 kHz paired), and all 900 MHz channels located on at least one of those identified base stations count as 25 kHz (12.5 kHz paired); provided that any discrete 800 or 900 MHz channel shall be counted only once per licensee within the geographic area, even if the licensee in question utilizes the same channel at more than one location within the relevant geographic area. No more than 10 MHz of SMR spectrum in the 800 and 900 MHz SMR services will be attributed to an entity when determining compliance with the cap. ( c ) Significant overlap. ( 1 ) For purposes of paragraph (a) of this section, significant overlap of a PCS licensed service area and CGSA(s) (as defined in § 22.911 of this chapter ) or SMR service area(s) occurs when at least 10 percent of the population of the PCS licensed service area for the counties contained therein, as determined by the latest available decennial census figures as complied by the Bureau of the Census, is within the CGSA(s) and/or SMR service area(s). ( 2 ) The Commission shall presume that an SMR service area covers less than 10 percent of the population of a PCS service area if none of the base stations of the SMR licensee are located within the PCS service area. For an SMR licensee's base stations that are located within a PCS service area, the channels licensed at those sites will be presumed to cover 10 percent of the population of the PCS service area, unless the licensee shows that its protected service contour for all of its base stations covers less than 10 percent of the population of the PCS service area. ( d ) Ownership attribution. For purposes of paragraph (a) of this section, ownership and other interests in broadband PCS licensees, cellular licensees, or SMR licensees will be attributed to their holders pursuant to the following criteria: ( 1 ) Controlling interest shall be attributable. Controlling interest means majority voting equity ownership, any general partnership interest, or any means of actual working control (including negative control) over the operation of the licensee, in whatever manner exercised. ( 2 ) Partnership and other ownership interests and any stock interest amounting to 20 percent or more of the equity, or outstanding stock, or outstanding voting stock of a broadband PCS, cellular or SMR licensee shall be attributed, except that ownership will not be attributed unless the partnership and other ownership interests and any stock interest amount to at least 40 percent of the equity, or outstanding stock, or outstanding voting stock of a broadband PCS, cellular or SMR licensee if the ownership interest is held by a small business or a rural telephone company, as these terms are defined in § 1.2110 of this chapter or other related provisions of the Commission's rules, or if the ownership interest is held by an entity with a non-controlling equity interest in a broadband PCS licensee or applicant that is a small business. ( 3 ) Investment companies, as defined in 15 U.S.C. 80a-3 , insurance companies and banks holding stock through their trust departments in trust accounts will be considered to have an attributable interest only if they hold 40 percent or more of the outstanding voting stock of a corporate broadband PCS, cellular or SMR licensee, or if any of the officers or directors of the broadband PCS, cellular or SMR licensee are representatives of the investment company, insurance company or bank concerned. Holdings by a bank or insurance company will be aggregated if the bank or insurance company has any right to determine how the stock will be voted. Holdings by investment companies will be aggregated if under common management. ( 4 ) Non-voting stock shall be attributed as an interest in the issuing entity if in excess of the amounts set forth in paragraph (d)(2) of this section. ( 5 ) Debt and instruments such as warrants, convertible debentures, options, or other interests (except non-voting stock) with rights of conversion to voting interests shall not be attributed unless and until converted, except that this provision does not apply in determining whether an entity is a small business, a rural telephone company, or a business owned by minorities and/or women, as these terms are defined in § 1.2110 of this chapter or other related provisions of the Commission's rules. ( 6 ) Limited partnership interests shall be attributed to limited partners and shall be calculated according to both the percentage of equity paid in and the percentage of distribution of profits and losses. ( 7 ) Officers and directors of a broadband PCS licensee or applicant, cellular licensee, or SMR licensee shall be considered to have an attributable interest in the entity with which they are so associated. The officers and directors of an entity that controls a broadband PCS licensee or applicant, a cellular licensee, or an SMR licensee shall be considered to have an attributable interest in the broadband PCS licensee or applicant, cellular licensee, or SMR licensee. ( 8 ) Ownership interests that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that if the ownership percentage for an interest in any link in the chain exceeds 50 percent or represents actual control, it shall be treated as if it were a 100 percent interest. (For example, if A owns 20% of B, and B owns 40% of licensee C, then A's interest in licensee C would be 8%. If A owns 20% of B, and B owns 51% of licensee C, then A's interest in licensee C would be 20% because B's ownership of C exceeds 50%.) ( 9 ) Any person who manages the operations of a broadband PCS, cellular, or SMR licensee pursuant to a management agreement shall be considered to have an attributable interest in such licensee if such person, or its affiliate, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence, ( i ) The nature or types of services offered by such licensee; ( ii ) The terms upon which such services are offered; or ( iii ) The prices charged for such services. ( 10 ) Any licensee or its affiliate who enters into a joint marketing arrangements with a broadband PCS, cellular, or SMR licensee, or its affiliate shall be considered to have an attributable interest, if such licensee, or its affiliate, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence, ( i ) The nature or types of services offered by such licensee; ( ii ) The terms upon which such services are offered; or ( iii ) The prices charged for such services. ( e ) Divestiture. ( 1 ) Divestiture of interests as a result of a transfer of control or assignment of authorization must occur prior to consummating the transfer or assignment, except that a licensee that meets the requirements set forth in paragraph (e)(2) of this section shall have 90 days from final grant to come into compliance with the spectrum aggregation limit. ( 2 ) An applicant with: ( i ) Controlling or attributable ownership interests in broadband PCS, cellular, and/or SMR licenses where the geographic license areas cover 20 percent or less of the applicant's service area population; ( ii ) Attributable interests in broadband PCS, cellular, and/or SMR licenses solely due to management agreements or joint marketing agreements; or ( iii ) Non-controlling attributable interests in broadband PCS, cellular, and/or SMR licenses, regardless of the degree to which the geographic license areas cover the applicant's service area population, shall be eligible to have its application granted subject to a condition that the licensee shall come into compliance with the spectrum limitation set out in paragraph (a) within ninety (90) days after final grant. For purposes of this paragraph, a “non-controlling attributable interest” is one in which the holder has less than a fifty (50) percent voting interest and there is an unaffiliated single holder of a fifty (50) percent or greater voting interest. ( 3 ) The applicant for a license that, if granted, would exceed the spectrum aggregation limitation in paragraph (a) of this section shall certify on its application that it and all parties to the application will come into compliance with this limitation. If such an applicant is a successful bidder in an auction, it must submit with its long-form application a signed statement describing its efforts to date and future plans to come into compliance with the spectrum aggregation limitation. A similar statement must also be included with any application for assignment of licenses or transfer of control that, if granted, would exceed the spectrum aggregation limit. ( 4 ) ( i ) Parties holding controlling interests in broadband PCS, cellular, and/or SMR licensees that conflict with the attribution threshold or geographic overlap limitations set forth in this section will be considered to have come into compliance if they have submitted to the Commission an application for assignment of license or transfer of control of the conflicting licensee ( see § 1.948 of this chapter ; see also § 24.839 of this chapter (PCS)) by which, if granted, such parties no longer would have an attributable interest in the conflicting license. Divestiture may be to an interim trustee if a buyer has not been secured in the required period of time, as long as the applicant has no interest in or control of the trustee, and the trustee may dispose of the license as it sees fit. Where parties to broadband PCS, cellular, or SMR applications hold less than controlling (but still attributable) interests in broadband PCS, cellular, or SMR licensee(s), they shall submit a certification that the applicant and all parties to the application have come into compliance with the limitations on spectrum aggregation set forth in this section. ( ii ) Applicants that meet the requirements of paragraph (e)(2) of this section must tender to the Commission within ninety (90) days of final grant of the initial license, such an assignment or transfer application or, in the case of less than controlling (but still attributable) interests, a written certification that the applicant and all parties to the application have come into compliance with the limitations on spectrum aggregation set forth in this section. If no such transfer or assignment application or certification is tendered to the Commission within ninety (90) days of final grant of the initial license, the Commission may consider the certification and the divestiture statement to be material, bad faith misrepresentations and shall invoke the condition on the initial license or the assignment or transfer, cancelling or rescinding it automatically, shall retain all monies paid to the Commission, and, based on the facts presented, shall take any other action it may deem appropriate. ( f ) Sunset. This rule section shall cease to be effective January 1, 2003. Note 1 to § 20.6 : For purposes of the ownership attribution limit, all ownership interests in operations that serve at least 10 percent of the population of the PCS service area should be included in determining the extent of a PCS applicant's cellular or SMR ownership. Note 2 to § 20.6 : When a party owns an attributable interest in more than one cellular or SMR system that overlaps a PCS service area, the total population in the overlap area will apply on a cumulative basis. Note 3 to § 20.6 : Waivers of § 20.6(d) may be granted upon an affirmative showing: (1) That the interest holder has less than a 50 percent voting interest in the licensee and there is an unaffiliated single holder of a 50 percent or greater voting interest; (2) That the interest holder is not likely to affect the local market in an anticompetitive manner; (3) That the interest holder is not involved in the operations of the licensee and does not have the ability to influence the licensee on a regular basis; and (4) That grant of a waiver is in the public interest because the benefits to the public of common ownership outweigh any potential anticompetitive harm to the market. [ 64 FR 54574 , Oct. 7, 1999, as amended at 67 FR 1642 , Jan. 14, 2002] §§ 20.7-20.9 [Reserved] § 20.11 Interconnection to facilities of local exchange carriers. ( a ) A local exchange carrier must provide the type of interconnection reasonably requested by a mobile service licensee or carrier, within a reasonable time after the request, unless such interconnection is not technically feasible or economically reasonable. Complaints against carriers under section 208 of the Communications Act, 47 U.S.C. 208 , alleging a violation of this section shall follow the requirements of §§ 1.711-1.734 of this chapter , 47 CFR 1.711-1.734 . ( b ) Local exchange carriers and commercial mobile radio service providers shall exchange Non-Access Telecommunications Traffic, as defined in § 51.701 of this chapter , under a bill-and-keep arrangement, as defined in § 51.713 of this chapter , unless they mutually agree otherwise. ( c ) Local exchange carriers and commercial mobile radio service providers shall also comply with applicable provisions of part 51 of this chapter . ( d ) Local exchange carriers may not impose compensation obligations for traffic not subject to access charges upon commercial mobile radio service providers pursuant to tariffs. ( e ) An incumbent local exchange carrier may request interconnection from a commercial mobile radio service provider and invoke the negotiation and arbitration procedures contained in section 252 of the Act. A commercial mobile radio service provider receiving a request for interconnection must negotiate in good faith and must, if requested, submit to arbitration by the state commission. [ 59 FR 18495 , Apr. 19, 1994, as amended at 61 FR 45619 , Aug. 29, 1996; 70 FR 16145 , Mar. 30, 2005; 76 FR 73852 , Nov. 29, 2011; 77 FR 1640 , Jan. 11, 2012] § 20.12 Resale and roaming. ( a ) ( 1 ) Scope of manual roaming and resale. Paragraph (c) of this section is applicable to providers of Broadband Personal Communications Services ( part 24, subpart E of this chapter ), Cellular Radio Telephone Service ( part 22, subpart H of this chapter ), Specialized Mobile Radio Services in the 800 MHz and 900 MHz bands (included in part 90, subpart S of this chapter ), and 900 MHz Broadband Service (included in part 27, subpart P of this chapter ) if such providers offer real-time, two-way switched voice or data service that is interconnected with the public switched network and utilizes an in-network switching facility that enables the provider to re-use frequencies and accomplish seamless hand-offs of subscriber calls. The scope of paragraph (b) of this section, concerning the resale rule, is further limited so as to exclude from the requirements of that paragraph those Broadband Personal Communications Services C, D, E, and F block licensees that do not own and control and are not owned and controlled by firms also holding cellular A or B block licenses. ( 2 ) Scope of automatic roaming. Paragraph (d) of this section is applicable to CMRS carriers if such carriers offer real-time, two-way switched voice or data service that is interconnected with the public switched network and utilizes an in-network switching facility that enables the carrier to re-use frequencies and accomplish seamless hand-offs of subscriber calls. Paragraph (d) of this section is also applicable to the provision of push-to-talk and text-messaging service by CMRS carriers. ( 3 ) Scope of offering roaming arrangements for commercial mobile data services. Paragraph (e) of this section is applicable to all facilities-based providers of commercial mobile data services. ( b ) Resale. The resale rule is applicable as follows: ( 1 ) Each carrier subject to paragraph (b) of this section shall not restrict the resale of its services, unless the carrier demonstrates that the restriction is reasonable. ( 2 ) The resale requirement shall not apply to customer premises equipment, whether or not it is bundled with services subject to the resale requirement in this paragraph. ( 3 ) This paragraph shall cease to be effective five years after the last group of initial licenses for broadband PCS spectrum in the 1850-1910 and the 1930-1990 MHz bands is awarded; i.e. , at the close of November 24, 2002. ( c ) Manual roaming. Each carrier subject to paragraph (a)(1) of this section must provide mobile radio service upon request to all subscribers in good standing to the services of any carrier subject to paragraph (a)(1) of this section, including roamers, while such subscribers are located within any portion of the licensee's licensed service area where facilities have been constructed and service to subscribers has commenced, if such subscribers are using mobile equipment that is technically compatible with the licensee's base stations. ( d ) Automatic roaming. Upon a reasonable request, it shall be the duty of each host carrier subject to paragraph (a)(2) of this section to provide automatic roaming to any technologically compatible, facilities-based CMRS carrier on reasonable and not unreasonably discriminatory terms and conditions, pursuant to Sections 201 and 202 of the Communications Act, 47 U.S.C. 201 and 202 . The Commission shall presume that a request by a technologically compatible CMRS carrier for automatic roaming is reasonable pursuant to Sections 201 and 202 of the Communications Act, 47 U.S.C. 201 and 202 . This presumption may be rebutted on a case by case basis. The Commission will resolve automatic roaming disputes on a case-by-case basis, taking into consideration the totality of the circumstances presented in each case. ( e ) Offering roaming arrangements for commercial mobile data services. ( 1 ) A facilities-based provider of commercial mobile data services is required to offer roaming arrangements to other such providers on commercially reasonable terms and conditions, subject to the following limitations: ( i ) Providers may negotiate the terms of their roaming arrangements on an individualized basis; ( ii ) It is reasonable for a provider not to offer a data roaming arrangement to a requesting provider that is not technologically compatible; ( iii ) It is reasonable for a provider not to offer a data roaming arrangement where it is not technically feasible to provide roaming for the particular data service for which roaming is requested and any changes to the host provider's network necessary to accommodate roaming for such data service are not economically reasonable; ( iv ) It is reasonable for a provider to condition the effectiveness of a roaming arrangement on the requesting provider's provision of mobile data service to its own subscribers using a generation of wireless technology comparable to the technology on which the requesting provider seeks to roam. ( 2 ) A party alleging a violation of this section may file a formal or informal complaint pursuant to the procedures in §§ 1.716 through 1.718 , 1.720 , 1.721 , and 1.723 through 1.735 of this chapter , which sections are incorporated herein. For purposes of § 20.12(e) , references to a “carrier” or “common carrier” in the formal and informal complaint procedures incorporated herein will mean a provider of commercial mobile data services. The Commission will resolve such disputes on a case-by-case basis, taking into consideration the totality of the circumstances presented in each case. The remedy of damages shall not be available in connection with any complaint alleging a violation of this section. Whether the appropriate procedural vehicle for a dispute is a complaint under this paragraph or a petition for declaratory ruling under § 1.2 of this chapter may vary depending on the circumstances of each case. [ 64 FR 61027 , Nov. 9, 1999, as amended at 65 FR 58482 , Sept. 29, 2000; 72 FR 50074 , Aug. 30, 2007; 75 FR 22276 , Apr. 28, 2010; 76 FR 26220 , May 6, 2011; 85 FR 43134 , July 16, 2020] § 20.13 State petitions for authority to regulate rates. ( a ) States may petition for authority to regulate the intrastate rates of any commercial mobile radio service. The petition must include the following: ( 1 ) Demonstrative evidence that market conditions in the state for commercial mobile radio services do not adequately protect subscribers to such services from unjust and unreasonable rates or rates that are unjustly or unreasonably discriminatory. Alternatively, a state's petition may include demonstrative evidence showing that market conditions for commercial mobile radio services do not protect subscribers adequately from unjust and unreasonable rates, or rates that are unjustly or unreasonably discriminatory, and that a substantial portion of the commercial mobile radio service subscribers in the state or a specified geographic area have no alternative means of obtaining basic telephone service. This showing may include evidence of the range of basic telephone service alternatives available to consumers in the state. ( 2 ) The following is a non-exhaustive list of examples of the types of evidence, information, and analysis that may be considered pertinent to determine market conditions and consumer protection by the Commission in reviewing any petition filed by a state under this section: ( i ) The number of commercial mobile radio service providers in the state, the types of services offered by commercial mobile radio service providers in the state, and the period of time that these providers have offered service in the state; ( ii ) The number of customers of each commercial mobile radio service provider in the state; trends in each provider's customer base during the most recent annual period or other data covering another reasonable period if annual data is unavailable; and annual revenues and rates of return for each commercial mobile radio service provider; ( iii ) Rate information for each commercial mobile radio service provider, including trends in each provider's rates during the most recent annual period or other data covering another reasonable period if annual data is unavailable; ( iv ) An assessment of the extent to which services offered by the commercial mobile radio service providers the state proposes to regulate are substitutable for services offered by other carriers in the state; ( v ) Opportunities for new providers to enter into the provision of competing services, and an analysis of any barriers to such entry; ( vi ) Specific allegations of fact (supported by affidavit of person with personal knowledge) regarding anti-competitive or discriminatory practices or behavior by commercial mobile radio service providers in the state; ( vii ) Evidence, information, and analysis demonstrating with particularity instances of systematic unjust and unreasonable rates, or rates that are unjust or unreasonably discriminatory, imposed upon commercial mobile radio service subscribers. Such evidence should include an examination of the relationship between rates and costs. Additionally, evidence of a pattern of such rates, that demonstrates the inability of the commercial mobile radio service marketplace in the state to produce reasonable rates through competitive forces will be considered especially probative; and ( viii ) Information regarding customer satisfaction or dissatisfaction with services offered by commercial mobile radio service providers, including statistics and other information about complaints filed with the state regulatory commission. ( 3 ) Petitions must include a certification that the state agency filing the petition is the duly authorized state agency responsible for the regulation of telecommunication services provided in the state. ( 4 ) Petitions must identify and describe in detail the rules the state proposes to establish if the petition is granted. ( 5 ) States have the burden of proof. Interested parties may file comments in support or in opposition to the petition within 30 days after public notice of the filing of a petition by a state under this section. Any interested party may file a reply within 15 days after the expiration of the filing period for comments. No additional pleadings may be filed. Except for § 1.45 of this chapter , practice and procedure rules contained in §§ 1.42-1.52 of this chapter shall apply. The provisions of §§ 1.771-1.773 of this chapter do not apply. ( 6 ) The Commission shall act upon any petition filed by a state under this paragraph not later than the end of the nine-month period after the filing of the petition. ( 7 ) If the Commission grants the petition, it shall authorize the state to regulate rates for commercial mobile radio services in the state during a reasonable period of time, as specified by the Commission. The period of time specified by the Commission will be that necessary to ensure that rates are just and reasonable, or not unjustly or unreasonably discriminatory. ( b ) States that regulated rates for commercial mobile services as of June 1, 1993, may petition the Commission under this section before August 10, 1994, to extend this authority. ( 1 ) The petition will be acted upon by the Commission in accordance with the provisions of paragraphs (a)(1) through (a)(5) of this section. ( 2 ) The Commission shall act upon the petition (including any reconsideration) not later than the end of the 12-month period following the date of the filing of the petition by the state involved. Commercial mobile radio service providers offering such service in the state shall comply with the existing regulations of the state until the petition and any reconsideration of the petition are acted upon by the Commission. ( 3 ) The provisions of paragraph (a)(7) of this section apply to any petition granted by the Commission under this paragraph. ( c ) No sooner than 18 months from grant of authority by the Commission under this section for state rate regulations, any interested party may petition the Commission for an order to discontinue state authority for rate regulation. ( 1 ) Petitions to discontinue state authority for rate regulation must be based on recent empirical data or other significant evidence demonstrating that the exercise of rate authority by a state is no longer necessary to ensure that the rates for commercial mobile are just and reasonable or not unjustly or unreasonably discriminatory. ( 2 ) Any interested party may file comments in support of or in opposition to the petition within 30 days after public notice of the filing of the petition. Any interested party may file a reply within 15 days after the time for filing comments has expired. No additional pleadings may be filed. Except for 1.45 of this chapter, practice and procedure rules contained in § 1.42-1.52 of this chapter apply. The provisions of §§ 1.771-1.773 of this chapter do not apply. ( 3 ) The Commission shall act upon any petition filed by any interested party under this paragraph within nine months after the filing of the petition. § 20.15 Requirements under Title II of the Communications Act. ( a ) Commercial mobile radio services providers, to the extent applicable, must comply with sections 201, 202, 206, 207, 208, 209, 216, 217, 223, 225, 226, 227, and 228 of the Communications Act, 47 U.S.C. 201 , 202 , 206 , 207 , 208 , 209 , 216 , 217 , 223 , 225 , 226 , 227 , 228 ; part 68 of this chapter , 47 CFR part 68 ; and §§ 1.701-1.748 , and 1.815 of this chapter , 47 CFR 1.701-1.748 , 1.815 . ( b ) Commercial mobile radio service providers are not required to: ( 1 ) File with the Commission copies of contracts entered into with other carriers or comply with other reporting requirements, or with §§ 1.781 through 1.814 and 43.21 of this chapter ; except that commercial radio service providers that are facilities-based providers of broadband service or facilities-based providers of mobile telephony service, as described in § 1.7001(b)(1) and (3) of this chapter , are required to file reports pursuant to §§ 1.7000-1.7002 of this chapter . For purposes of this section, mobile telephony is defined as real-time, two-way switched voice service that is interconnected with the public switched network utilizing an in-network switching facility that enables the provider to reuse frequencies and accomplish seamless handoff of subscriber calls. ( 2 ) Seek authority for interlocking directors (section 212 of the Communications Act); ( 3 ) Submit applications for new facilities or discontinuance of existing facilities (section 214 of the Communications Act). ( c ) Commercial mobile radio service providers shall not file tariffs for international and interstate service to their customers, interstate access service, or international and interstate operator service. Sections 1.771 through 1.773 and part 61 of this chapter are not applicable to international and interstate services provided by commercial mobile radio service providers. Commercial mobile radio service providers shall cancel tariffs for international and interstate service to their customers, interstate access service, and international and interstate operator service. ( d ) Except as specified as in paragraphs (d)(1) and (2), nothing in this section shall be construed to modify the Commission's rules and policies on the provision of international service under part 63 of this chapter . ( 1 ) Notwithstanding the provisions of § 63.21(c) of this chapter , a commercial mobile radio service provider is not required to comply with § 42.10 of this chapter . ( 2 ) A commercial mobile radio service (CMRS) provider that is classified as dominant under § 63.10 of this chapter due to an affiliation with a foreign carrier is required to comply with § 42.11 of this chapter if the affiliated foreign carrier collects settlement payments from U.S. carriers for terminating U.S. international switched traffic at the foreign end of the route. Such a CMRS provider is not required to comply with § 42.11 , however, if it provides service on the affiliated route solely through the resale of an unaffiliated facilities-based provider's international switched services. ( 3 ) For purposes of paragraphs (d)(1) and (2) of this section, affiliated and foreign carrier are defined in § 63.09 of this Chapter . ( e ) For obligations of commercial mobile radio service providers to provide local number portability, see § 52.1 of this chapter . [ 59 FR 18495 , Apr. 19, 1994, as amended at 61 FR 38637 , July 25, 1996; 63 FR 43040 , Aug. 11, 1998; 65 FR 19685 , Apr. 12, 2000; 65 FR 24654 , Apr. 27, 2000; 66 FR 16879 , Mar. 28, 2001; 69 FR 77938 , Dec. 29, 2004; ; 85 FR 838 , Jan. 8, 2020] § 20.18 [Reserved] § 20.19 Hearing aid-compatible mobile handsets. ( a ) Definitions. For purposes of this section: 2007 ANSI standard refers to the technical standard for hearing aid compatibility applicable to frequencies between 800 MHz and 3 GHz as set forth in ANSI C63.19-2007. 2011 ANSI standard refers to the technical standard for hearing aid compatibility applicable to frequencies between 698 MHz and 6 GHz as set forth in ANSI C63.19-2011. 2019 ANSI standard refers to the technical standard for hearing aid compatibility applicable to frequencies between 614 MHz and 6 GHz as set forth in ANSI C63.19-2019. ANSI standard refers to the 2007, 2011, and 2019 ANSI standards as a group. Any version of the ANSI standard previous to the 2019 ANSI standard refers to the 2007 and 2011 ANSI standards. Digital mobile service refers to a terrestrial mobile service that enables two-way real-time voice communications among members of the public or a substantial portion of the public, including both interconnected and non-interconnected voice over internet protocol (VoIP) services, to the extent that such service is provided over frequencies specified in the 2007 ANSI standard, 2011 ANSI standard or the 2019 ANSI standard. Handset refers to a device used in delivery of digital mobile service in the United States that contains a built-in speaker and is typically held to the ear in any of its ordinary uses. Manufacturer refers to a manufacturer of handsets that are used in delivery of digital mobile service, as defined in this section, in the United States. Model refers to a wireless handset device that a manufacturer has designated as a distinct device model, consistent with its own marketing practices. However, if a manufacturer assigns different model device designations solely to distinguish units sold to different carriers, or to signify other distinctions that do not relate to either form, features, or capabilities, such designations shall not count as distinct models for purposes of this section. Service provider refers to a provider of digital mobile service, as defined in this section, in the United States. Tier I carrier refers to a CMRS provider that offers such service nationwide. Volume control requirements refers to the technical standard established by ANSI/TIA-5050-2018. ( b ) Hearing aid compatibility; technical standards — ( 1 ) Handset compatibility on or after June 5, 2023. In order to satisfy a manufacturer or service provider's obligations under paragraphs (c) and (d) of this section, a handset submitted for equipment certification or for a permissive change relating to hearing aid compatibility on or after June 5, 2023 must meet the 2019 ANSI standard. ( 2 ) Handset compatibility before June 5, 2023. In order to satisfy a manufacturer or service provider's obligations under paragraphs (c) and (d) of this section, a handset submitted for equipment certification or for a permissive change relating to hearing aid compatibility before June 5, 2023 must meet either: ( i ) At a minimum, the M3 and T3 ratings associated with the 2011 ANSI standard; or ( ii ) The 2019 ANSI standard. ( 3 ) Handsets operating over multiple frequency bands or air interfaces. ( i ) Beginning on June 5, 2023, a handset is hearing aid-compatible if it meets the 2019 ANSI standard for all frequency bands that are specified in the ANSI standard and all air interfaces over which it operates on those frequency bands, and the handset has been certified as compliant with the test requirements for the 2019 ANSI standard pursuant to § 2.1033(d) of this chapter . ( ii ) Before June 5, 2023, a handset that uses only the frequencies specified in the 2011 ANSI standard is hearing aid-compatible with regard to radio frequency interference and inductive coupling if it meets the 2011 ANSI standard for all frequency bands and air interfaces over which it operates, and the handset has been certified as compliant with the test requirements for the 2011 ANSI standard pursuant to § 2.1033(d) of this chapter . Before June 5, 2023, a handset that incorporates operations outside the frequencies specified in the 2011 ANSI standard is hearing aid-compatible if the handset otherwise satisfies the requirements of this paragraph (b) . ( 4 ) Factual questions. All factual questions of whether a handset meets the technical standard(s) of this paragraph (b) shall be referred for resolution to the Chief, Office of Engineering and Technology, Federal Communications Commission, 45 L Street NE, Washington, DC 20554. ( 5 ) Certification. A handset certified under any version of the ANSI standard previous to the 2019 ANSI standard remains hearing aid-compatible for purposes of this section. ( c ) Phase-in of hearing aid-compatibility requirements. The following applies to each manufacturer and service provider that offers handsets used to deliver the services specified in paragraph (a) of this section and that does not fall within the de minimis exception set forth in paragraph (e) of this section. ( 1 ) Manufacturers—Number of hearing aid-compatible handset models offered. For each digital air interface for which it offers handsets in the United States or imported for use in the United States, each manufacturer must offer hearing aid compatible handsets as follows: ( i ) Beginning October 3, 2018, at least sixty-six (66) percent of those handset models (rounded down to the nearest whole number) must be hearing aid-compatible under paragraph (b) of this section. ( ii ) Beginning October 4, 2021, at least eighty-five (85) percent of those handset models (rounded down to the nearest whole number) must be hearing aid-compatible under paragraph (b) of this section. ( 2 ) Tier I carriers—Number of hearing aid-compatible handsets models offered. For each digital air interface for which it offers handsets to customers, each Tier I carrier must: ( i ) Beginning April 3, 2019, ensure that at least sixty-six (66) percent of the handset models it offers are hearing aid-compatible under paragraph (b) of this section, calculated based on the total number of unique handset models the carrier offers nationwide. ( ii ) Beginning April 4, 2022, ensure that at least eighty-five (85) percent of the handset models it offers are hearing aid-compatible under paragraph (b) of this section, calculated based on the total number of unique handset models the carrier offers nationwide. ( 3 ) Service providers other than Tier I carriers—Number of hearing aid-compatible handsets models offered. For each digital air interface for which it offers handsets to customers, each service provider other than a Tier I carrier must: ( i ) Beginning April 3, 2020, ensure that at least sixty-six (66) percent of the handset models it offers are hearing aid-compatible under paragraph (b) of this section, calculated based on the total number of unique handset models the carrier offers. ( ii ) Beginning April 3, 2023, ensure that at least eighty-five (85) percent of the handset models it offers are hearing aid-compatible under paragraph (b) of this section, calculated based on the total number of unique handset models the carrier offers. ( 4 ) In-store testing. All service providers must make available for consumers to test, in each retail store owned or operated by the service provider, all of its handset models that are hearing aid-compatible under paragraph (b) of this section. ( d ) [Reserved] ( e ) De minimis exception. ( 1 ) ( i ) Manufacturers or service providers that offer two or fewer handsets in an air interface in the United States are exempt from the requirements of this section in connection with that air interface, except with regard to the reporting and certification requirements in paragraph (i) of this section. Service providers that obtain handsets only from manufacturers that offer two or fewer handset models in an air interface in the United States are likewise exempt from the requirements of this section other than paragraph (i) of this section in connection with that air interface. ( ii ) Notwithstanding paragraph (e)(1)(i) of this section, manufacturers that have had more than 750 employees for at least two years and service providers that have had more than 1500 employees for at least two years, and that have been offering handsets over an air interface for at least two years, that offer one or two handsets in that air interface in the United States must offer at least one handset model that is hearing aid-compatible under paragraph (b) of this section in that air interface. Service providers that obtain handsets only from manufacturers that offer one or two handset models in an air interface in the United States, and that have had more than 750 employees for at least two years and have offered handsets over that air interface for at least two years, are required to offer at least one handset model in that air interface that is hearing aid-compatible under paragraph (b) of this section. For purposes of this paragraph (e)(1)(ii) , employees of a parent, subsidiary, or affiliate company under common ownership or control with a manufacturer or service provider are considered employees of the manufacturer or service provider. Manufacturers and service providers covered by this paragraph (e)(1)(ii) must also comply with all other requirements of this section. ( 2 ) Manufacturers or service providers that offer three handset models in an air interface must offer at least one handset model that is hearing aid-compatible under paragraph (b) of this section in that air interface. Service providers that obtain handsets only from manufacturers that offer three handset models in an air interface in the United States are required to offer at least one handset model in that air interface that is hearing aid-compatible under paragraph (b) of this section. ( 3 ) Manufacturers that offer four or five handset models in an air interface must offer at least two handset models that are hearing aid-compatible under paragraph (b) of this section in that air interface. Tier I carriers who offer four handset models in an air interface must offer at least two handsets that are hearing aid-compatible under paragraph (b) of this section in that air interface and Tier I carriers who offer five handset models in an air interface must offer at least three handsets that are hearing aid-compatible under paragraph (b) of this section in that air interface. Service providers, other than Tier I carriers, who offer four handset models in an air interface must offer at least two handset models that are hearing aid-compatible under paragraph (b) of this section in that air interface and service providers, other than Tier I carriers, who offer five handset models in an air interface must offer at least three handsets that are hearing aid-compatible under paragraph (b) of this section in that air interface. ( f ) Labeling and disclosure requirements for hearing aid-compatible handsets — ( 1 ) Package label. For all handset models certified to be hearing aid-compatible, manufacturers and service providers shall ensure that the handset's package label states that the handset is hearing aid-compatible and the handset's actual conversational gain with and without a hearing aid if certified using a technical standard with volume control requirements. The actual conversational gain displayed for use with a hearing aid shall be the lowest rating assigned to the handset for any covered air interface or frequency band. ( 2 ) Package insert or handset manual. For all handset models certified to be hearing aid-compatible, manufacturers and service providers shall disclose to consumers through the use of a package insert or in the handset's user manual: ( i ) That the handset is hearing aid-compatible; ( ii ) The ANSI standard used to determine the hearing aid compatibility of the handset model's air interfaces and frequency bands; ( iii ) If using the 2011 ANSI standard or an earlier version of the standard, the lowest hearing aid compatibility rating assigned to any of the covered air interfaces or frequency bands; ( iv ) The air interfaces or frequency bands on the handset that are not certified to be hearing aid-compatible, if applicable, or have been determined to be hearing aid-compatible under special testing circumstances; ( v ) Any handset model certified to be hearing aid-compatible for some but not all of the air interfaces or frequency bands covered by the model must include the following disclosure language: This phone has been tested and certified for use with hearing aids for some of the wireless technologies that it uses. However, there may be some newer wireless technologies used in this phone that have not been tested yet for use with hearing aids. It is important to try the different features of this phone thoroughly and in different locations, using your hearing aid or cochlear implant, to determine if you hear any interfering noise. Consult your service provider or the manufacturer of this phone for information on hearing aid compatibility. If you have questions about return or exchange policies, consult your service provider or phone retailer. ( vi ) An explanation of the ANSI rating system, which includes an explanation that the 2019 ANSI standard does not use the rating system that older versions of the standard used; ( vii ) An explanation of a handset model's volume control capabilities, including its conversational gain both with and without hearing aids, if the handset is certified using a technical standard that includes volume control requirements; and ( viii ) An explanation of special testing circumstances, if a handset model has air interfaces that have been certified as hearing aid-compatible under such circumstances, and how these circumstances affect the use and operation of the handset. ( g ) Model designation requirements. Where a manufacturer has made physical changes to a handset that result in a change in the hearing aid compatibility rating under the 2011 ANSI standard or an earlier version of the standard, the altered handset must be given a model designation distinct from that of the handset prior to its alteration. ( h ) Website and record retention requirements. ( 1 ) Each manufacturer and service provider that operates a publicly-accessible website must make available on its website a list of all hearing aid-compatible models currently offered, the ANSI standard used to evaluate hearing aid compatibility, the ratings of those models under the relevant ANSI standard, if applicable, and an explanation of the rating system. Each service provider must also include on its website: A list of all non-hearing aid-compatible models currently offered, as well as a link to the current FCC web page containing information about the wireless hearing aid compatibility rules and service providers' obligations. Each service provider must also include the marketing model name/number(s) and FCC ID number of each hearing aid-compatible and non-hearing aid-compatible model currently offered. ( 2 ) Service providers must maintain on their website either: ( i ) A link to a third-party website as designated by the Commission or Wireless Telecommunications Bureau with information regarding hearing aid-compatible and non-hearing aid-compatible handset models; or ( ii ) A clearly marked list of hearing aid-compatible handset models that are no longer offered if the calendar month/year that model was last offered is within 24 months of the current calendar month/year along with the information listed in paragraph (h)(1) of this section for each hearing aid-compatible handset. ( 3 ) If the Wireless Telecommunications Bureau determines that the third-party website has been eliminated or is not updated in a timely manner, it may select another website or require service providers to comply with paragraph (h)(2)(ii) of this section. ( 4 ) The information on the website must be updated within 30 days of any relevant changes, and any website pages containing information so updated must indicate the day on which the update occurred. ( 5 ) Service providers must maintain internal records including the ratings, if applicable, of all hearing aid-compatible and non-hearing aid-compatible models no longer offered (if the calendar month/year that model was last offered is within 24 months of the current calendar month/year); for models no longer offered (if the calendar month/year that model was last offered is within 24 months of the current calendar month/year), the calendar months and years each hearing aid-compatible and non-hearing aid-compatible model was first and last offered; and the marketing model name/number(s) and FCC ID number of each hearing aid-compatible and non-hearing aid-compatible model no longer offered (if the calendar month/year that model was last offered is within 24 months of the current calendar month/year). ( i ) Reporting requirements — ( 1 ) Reporting and certification dates. Service providers shall submit Form 855 certifications on their compliance with the requirements of this section by January 31 of each year. Manufacturers shall submit Form 655 reports on their compliance with the requirements of this section by July 31 of each year. Information in each certification and report must be up-to-date as of the last day of the calendar month preceding the due date of each certification and report. ( 2 ) Content of service provider certifications. Certifications filed by service providers must include: ( i ) The name of the signing executive and contact information; ( ii ) The company(ies) covered by the certification; ( iii ) The FCC Registration Number (FRN); ( iv ) If the service provider is subject to paragraph (h) of this section, the website address of the page(s) containing the required information regarding handset models; ( v ) The percentage of handsets offered that are hearing aid-compatible (providers will derive this percentage by determining the number of hearing aid-compatible handsets offered across all air interfaces during the year divided by the total number of handsets offered during the year); and ( vi ) The following language: I am a knowledgeable executive [of company x] regarding compliance with the Federal Communications Commission's wireless hearing aid compatibility requirements at a wireless service provider covered by those requirements. I certify that the provider was [(in full compliance/not in full compliance)] [choose one] at all times during the applicable time period with the Commission's wireless hearing aid compatibility deployment benchmarks and all other relevant wireless hearing aid compatibility requirements. The company represents and warrants, and I certify by this declaration under penalty of perjury pursuant to 47 CFR 1.16 that the above certification is consistent with 47 CFR 1.17 , which requires truthful and accurate statements to the Commission. The company also acknowledges that false statements and misrepresentations to the Commission are punishable under Title 18 of the U.S. Code and may subject it to enforcement action pursuant to Sections 501 and 503 of the Act. ( vii ) If the company selected that it was not in full compliance with this section, an explanation of which wireless hearing aid compatibility requirements it was not in compliance with, when the non-compliance began and (if applicable) ended with respect to each requirement. ( 3 ) Content of manufacturer reports. Reports filed by manufacturers must include: ( i ) Handset models tested, since the most recent report, for compliance with the applicable hearing aid compatibility technical ratings, if applicable; ( ii ) Compliant handset models offered to service providers since the most recent report, identifying each model by marketing model name/number(s) and FCC ID number; ( iii ) For each compliant model, the air interface(s) and frequency band(s) over which it operates, the hearing aid compatibility ratings for each frequency band and air interface under the ANSI standard (if applicable), the ANSI standard version used, and the months in which the model was available to service providers since the most recent report; ( iv ) Non-compliant models offered to service providers since the most recent report, identifying each model by marketing model name/number(s) and FCC ID number; ( v ) For each non-compliant model, the air interface(s) over which it operates and the months in which the model was available to service providers since the most recent report; ( vi ) Total numbers of compliant and non-compliant models offered to service providers for each air interface as of the time of the report; ( vii ) Any instance, as of the date of the report or since the most recent report, in which multiple compliant or non-compliant devices were marketed under separate model name/numbers but constitute a single model for purposes of the hearing aid compatibility rules, identifying each device by marketing model name/number and FCC ID number; ( viii ) Status of product labeling; ( ix ) Outreach efforts; and ( x ) If the manufacturer maintains a public website, the website address of the page(s) containing the information regarding hearing aid-compatible handset models required by paragraph (h) of this section. ( 4 ) Format. The Wireless Telecommunications Bureau is delegated authority to approve or prescribe forms, formats, and methods for submission of the reports and certifications in addition to or instead of those required by this section. Any format that the Bureau may approve or prescribe shall be made available on the Bureau's website. ( j ) Enforcement. Enforcement of this section is hereby delegated to those states that adopt this section and provide for enforcement. The procedures followed by a state to enforce this section shall provide a 30-day period after a complaint is filed, during which time state personnel shall attempt to resolve a dispute on an informal basis. If a state has not adopted or incorporated this section, or failed to act within six (6) months from the filing of a complaint with the state public utility commission, the Commission will accept such complaints. A written notification to the complainant that the state believes action is unwarranted is not a failure to act. The procedures set forth in part 68, subpart E of this chapter are to be followed. ( k ) Delegation of rulemaking authority. ( 1 ) The Chief of the Wireless Telecommunications Bureau and the Chief of the Office of Engineering and Technology are delegated authority to issue, consistent with any applicable requirements of 5 U.S.C. 553 , an order amending this section to the extent necessary to adopt technical standards for additional frequency bands and/or air interfaces upon the establishment of such standards by ANSI Accredited Standards Committee C63®, provided that the standards do not impose with respect to such frequency bands or air interfaces materially greater obligations than those imposed on other services subject to this section. Any new obligations on manufacturers and Tier I carriers pursuant to paragraphs (c) through (i) of this section as a result of such standards shall become effective no less than one year after release of the order adopting such standards and any new obligations on other service providers shall become effective no less than 15 months after the release of such order, except that any new obligations on manufacturers and service providers subject to paragraph (e)(1)(ii) of this section shall become effective no less than two years after the release of such order. ( 2 ) The Chief of the Wireless Telecommunications Bureau and the Chief of the Office of Engineering and Technology are delegated authority, by notice-and-comment rulemaking if required by statute or otherwise in the public interest, to issue an order amending this section to the extent necessary to approve any version of the technical standards for radio frequency interference, inductive coupling, or volume control adopted subsequently to the 2007 ANSI standard for use in determining whether a wireless handset meets the appropriate rating over frequency bands and air interfaces for which technical standards have previously been adopted either by the Commission or pursuant to paragraph (k)(1) of this section. This delegation is limited to the approval of changes to the technical standards that do not raise major compliance issues. Further, by such approvals, the Chiefs may only permit, and not require, the use of such subsequent versions of the technical standards to establish hearing aid compatibility. ( l ) Incorporation by reference. The standards required in this section are incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . All approved incorporation by reference (IBR) material is available for inspection at the Federal Communications Commission (FCC) and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the following sources in this paragraph (l) : ( 1 ) IEEE Standards Association (IEEE-SA), 445 Hoes Lane, Piscataway, NJ 08854-4141, (732) 981-0060, stds-info@ieee.org , https://standards.ieee.org/ . ( i ) ANSI C63.19-2007, American National Standard Methods of Measurement of Compatibility Between Wireless Communication Devices and Hearing Aids, approved June 8, 2007. ( ii ) ANSI C63.19-2011, American National Standard Methods of Measurement of Compatibility Between Wireless Communication Devices and Hearing Aids, approved May 27, 2011. ( iii ) ANSI C63.19-2019, American National Standard Methods of Measurement of Compatibility Between Wireless Communication Devices and Hearing Aids, approved August 19, 2019. ( 2 ) Telecommunications Industry Association (TIA), 1320 North Courthouse Road, Suite 200, Arlington, VA 22201, (703) 907-7700, global@ihs.com , https://global.ihs.com/csf_home.cfm?&csf=TIA . ( i ) ANSI/TIA-5050-2018, Telecommunications—Communications Products—Receive Volume Control Requirements for Wireless (Mobile) Devices, approved January 17, 2018. ( ii ) [Reserved] [ 73 FR 25587 , May 7, 2008, as amended at 75 FR 54522 , Sept. 8, 2010; 77 FR 41928 , July 17, 2012; 81 FR 183 , Jan. 5, 2016; 81 FR 60633 , Sept. 2, 2016; 83 FR 8631 , Feb. 28, 2018; 83 FR 63105 , Dec. 7, 2018; 84 FR 37592 , Aug. 1, 2019; 86 FR 23625 , 23627 , May 4, 2021; 88 FR 21439 , Apr. 10, 2023] § 20.20 Conditions applicable to provision of CMRS service by incumbent Local Exchange Carriers. ( a ) Separate affiliate. An incumbent LEC providing in-region broadband CMRS shall provide such services through an affiliate that satisfies the following requirements: ( 1 ) The affiliate shall maintain separate books of account from its affiliated incumbent LEC. Nothing in this section requires the affiliate to maintain separate books of account that comply with part 32 of this chapter ; ( 2 ) The affiliate shall not jointly own transmission or switching facilities with its affiliated incumbent LEC that the affiliated incumbent LEC uses for the provision of local exchange service in the same in-region market. Nothing in this section prohibits the affiliate from sharing personnel or other resources or assets with its affiliated incumbent LEC; and ( 3 ) The affiliate shall acquire any services from its affiliated incumbent LEC for which the affiliated incumbent LEC is required to file a tariff at tariffed rates, terms, and conditions. Other transactions between the affiliate and the incumbent LEC for services that are not acquired pursuant to tariff must be reduced to writing and must be made on a compensatory, arm's length basis. All transactions between the incumbent LEC and the affiliate are subject to part 32 of this chapter , including the affiliate transaction rules. Nothing in this section shall prohibit the affiliate from acquiring any unbundled network elements or exchange services for the provision of a telecommunications service from its affiliated incumbent LEC, subject to the same terms and conditions as provided in an agreement approved under section 252 of the Communications Act of 1934, as amended. ( b ) Independence. The affiliate required in paragraph (a) of this section shall be a separate legal entity from its affiliated incumbent LEC. The affiliate may be staffed by personnel of its affiliated incumbent LEC, housed in existing offices of its affiliated incumbent LEC, and use its affiliated incumbent LEC's marketing and other services, subject to paragraphs (a)(3) and (c) of this section. ( c ) Joint marketing. Joint marketing of local exchange and exchange access service and CMRS services by an incumbent LEC shall be subject to part 32 of this chapter . In addition, such agreements between the affiliate and the incumbent LEC must be reduced to writing and made available for public inspection upon request at the principle place of business of the affiliate and the incumbent LEC. The documentation must include a certification statement identical to the certification statement currently required to be included with all Automated Reporting and Management Information Systems (ARMIS) reports. The affiliate must also provide a detailed written description of the terms and conditions of the transaction on the Internet within 10 days of the transaction through the affiliate's home page. ( d ) Exceptions — ( 1 ) Rural telephone companies. Rural telephone companies are exempted from the requirements set forth in paragraphs (a) , (b) and (c) of this section. A competing telecommunications carrier, interconnected with the rural telephone company, however, may petition the FCC to remove the exemption, or the FCC may do so on its own motion, where the rural telephone company has engaged in anticompetitive conduct. ( 2 ) Incumbent LECs with fewer than 2 percent of subscriber lines. Incumbent LECs with fewer than 2 percent of the nation's subscriber lines installed in the aggregate nationwide may petition the FCC for suspension or modification of the requirements set forth in paragraphs (a) , (b) and (c) of this section. The FCC will grant such a petition where the incumbent LEC demonstrates that suspension or modification of the separate affiliate requirement is ( i ) Necessary to avoid a significant adverse economic impact on users of telecommunications services generally or to avoid a requirement that would be unduly economically burdensome, and ( ii ) Consistent with the public interest, convenience, and necessity. ( e ) Definitions. Terms used in this section have the following meanings: Affiliate. “Affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership with, another person. For purposes of this section, the term “own” means to own an equity interest (or the equivalent thereof) of more than 10 percent. Broadband Commercial Mobile Radio Service (Broadband CMRS). For the purposes of this section, “broadband CMRS” means Cellular Radiotelephone Service ( part 22, subpart H of this chapter ), Specialized Mobile Radio ( part 90, subpart S of this chapter ), and broadband Personal Communications Services ( part 24, subpart E of this chapter ). Incumbent Local Exchange Carrier (Incumbent LEC). “Incumbent LEC” has the same meaning as that term is defined in § 51.5 of this chapter . In-region. For the purposes of this section, an incumbent LEC's broadband CMRS service is considered “in-region” when 10 percent or more of the population covered by the CMRS affiliate's authorized service area, as determined by the 1990 census figures, is within the affiliated incumbent LEC's wireline service area. Rural Telephone Company. “Rural Telephone Company” has the same meaning as that term is defined in § 51.5 of this chapter . ( f ) Sunset. This section will no longer be effective after January 1, 2002. [ 62 FR 63871 , Dec. 3, 1997, as amended at 66 FR 10968 , Feb. 21, 2001] § 20.21 Signal boosters. ( a ) Operation of Consumer Signal Boosters. A subscriber in good standing of a commercial mobile radio service system may operate a Consumer Signal Booster under the authorization held by the licensee providing service to the subscriber provided that the subscriber complies with paragraphs (a)(1) through (7) of this section. Failure to comply with all applicable rules in this section and all applicable technical rules for the frequency band(s) of operation voids the authority to operate the Consumer Signal Booster. ( 1 ) Prior to operation, the subscriber obtains the consent of the licensee providing service to the subscriber; ( 2 ) Prior to operation, the subscriber registers the Consumer Signal Booster with the licensee providing service to the subscriber; ( 3 ) The subscriber only operates the Consumer Signal Booster with approved antennas, cables, and/or coupling devices as specified by the manufacturer of the Consumer Signal Booster; ( 4 ) The subscriber operates the Consumer Signal Booster on frequencies used for the provision of subscriber-based services under parts 22 (Cellular), 24 (Broadband PCS), 27 (AWS-1, 700 MHz Lower A-E Blocks, and 700 MHz Upper C Block), and 90 (Specialized Mobile Radio) of this chapter. Operation on part 90 (Specialized Mobile Radio) frequencies is permitted upon the Commission's release of a public notice announcing the date Consumer Signal Boosters may be used in the band; ( 5 ) The Consumer Signal Booster complies with paragraphs (e) , (f) , (g) , and (h) of this section and § 2.907 of this chapter ; ( 6 ) The subscriber may not deactivate any features of the Consumer Signal Booster which are designed to prevent harmful interference to wireless networks. These features must be enabled and operating at all times the signal booster is in use; and ( 7 ) If operating a Wideband Consumer Signal Booster, the subscriber operates it only for personal use. ( b ) De minimis operation of Consumer Signal Boosters. A third party's incidental use of a subscriber's Consumer Signal Booster operated under this paragraph is de minimis and shall be authorized under the authorization held by the licensee providing service to the third party. ( c ) Operation of Industrial Signal Boosters. An individual or non-individual, other than a representative of a foreign government, may operate an Industrial Signal Booster provided that the individual or non-individual: ( 1 ) Has an FCC license or obtains the express consent of the licensee(s) whose frequencies are being retransmitted by the device on a regular basis, and ( 2 ) Uses an Industrial Signal Booster which complies with paragraph (f) of this section. ( d ) Operation on a secondary, non-interference basis. Operation of signal boosters under this section is on a secondary, non-interference basis to primary services licensed for the frequency bands on which they transmit, and to primary services licensed for the adjacent frequency bands that might be affected by their transmissions. ( 1 ) The operation of signal boosters must not cause harmful interference to the communications of any primary licensed service. ( 2 ) Upon request of an FCC representative or a licensee experiencing harmful interference, a signal booster operator must: ( i ) Cooperate in determining the source of the interference, and ( ii ) If necessary, deactivate the signal booster immediately, or as soon as practicable, if immediate deactivation is not possible. ( e ) Consumer Signal Booster Network Protection Standard. ( 1 ) All Consumer Signal Boosters must incorporate features to prevent harmful interference to wireless networks including but not limited to those enumerated in this section. ( 2 ) Certification requirements. ( i ) A Consumer Signal Booster can only be certificated and operated if it complies with all applicable rules in this subpart and all applicable technical rules for the frequency band(s) of operation including, but not limited to: § 22.355 of this chapter , Public Mobile Services, frequency tolerance; § 22.913 of this chapter , Cellular Radiotelephone Service effective radiated power limits; § 22.917 of this chapter , Cellular Radiotelephone Service, emission limitations for cellular equipment; § 24.232 of this chapter , Broadband Personal Communications Service, power and antenna height limits; § 24.238 of this chapter , Broadband Personal Communications Service, emission limitations for Broadband PCS equipment; § 27.50 of this chapter , Miscellaneous Wireless Communications Services, power and antenna height limits; § 27.53 of this chapter , Miscellaneous Wireless Communications Services, emission limits; § 90.205 of this chapter , Private Land Mobile Radio Services, power and antenna height limits; § 90.210 of this chapter , Private Land Mobile Radio Services, emission masks; and § 90.247 of this chapter , Private Land Mobile Radio Services, mobile repeater stations. ( ii ) In case of any conflict between the rules set forth in this section and the rules set forth in parts 22, 24, 27, and 90 of title 47, chapter I of the Code of Federal Regulations, the rules in this section shall govern. ( iii ) The application for certification must satisfy the Commission that the Consumer Signal Boosters' features designed to prevent harmful interference and protect wireless networks cannot be easily defeated and must be enabled at all times. ( 3 ) Frequency Bands. Consumer Signal Boosters must be designed and manufactured such that they only operate on the frequencies used for the provision of subscriber-based services under parts 22 (Cellular), 24 (Broadband PCS), 27 (AWS-1, 700 MHz Lower A-E Blocks, and 700 MHz Upper C Block), and 90 (Specialized Mobile Radio) of this chapter. The Commission will not certificate any Consumer Signal Boosters for operation on part 90 of this chapter (Specialized Mobile Radio) frequencies until the Commission releases a public notice announcing the date Consumer Signal Boosters may be used in the band. ( 4 ) Self-monitoring. Consumer Signal Boosters must automatically self-monitor their operation to ensure compliance with applicable noise and gain limits and either self-correct or shut down automatically if their operation exceeds those parameters. ( 5 ) Anti-oscillation. Consumer Signal Boosters must be able to detect and mitigate any unintended oscillations in uplink and downlink bands (such as may result from insufficient isolation between the antennas). ( 6 ) Power Down. Consumer Signal Boosters must automatically power down or cease amplification as they approach any affected base station. ( 7 ) Interference Avoidance for Wireless Subsystems. Consumer Signal Boosters using unlicensed ( part 15 of this chapter ) or other frequency bands for wireless transmissions between donor and server subsystems for their internal operations must employ interference avoidance methods to prevent interference transmitted into authorized CMRS spectrum bands. ( 8 ) Wideband Consumer Signal Boosters. A Wideband Consumer Signal Booster will meet the Consumer Signal Booster Network Protection Standard if it complies with paragraphs (e)(1) through (e)(7) of this section and the following: ( i ) Technical Requirements — ( A ) Noise Limits. ( 1 ) The transmitted noise power in dBm/MHz of consumer boosters at their uplink port shall not exceed −103 dBm/MHz—RSSI. RSSI (received signal strength indication expressed in negative dB units relative to 1 mW) is the downlink composite received signal power in dBm at the booster donor port for all base stations in the band of operation. ( 2 ) The transmitted maximum noise power in dBm/MHz of consumer boosters at their uplink and downlink ports shall not exceed the following limits: ( i ) Fixed booster maximum noise power shall not exceed −102.5 dBm/MHz + 20 Log 10 (Frequency), where Frequency is the uplink mid-band frequency of the supported spectrum bands in MHz. ( ii ) Mobile booster maximum noise power shall not exceed−59 dBm/MHz. ( iii ) Compliance with Noise limits will use instrumentation calibrated in terms of RMS equivalent voltage, and with booster input ports terminated or without input signals applied within the band of measurement. ( B ) Bidirectional Capability. Consumer Boosters must be able to provide equivalent uplink and downlink gain and conducted uplink power output that is at least 0.05 watts. One-way consumer boosters ( i.e., uplink only, downlink only, uplink impaired, downlink impaired) are prohibited. Spectrum block filtering may be used provided the uplink filter attenuation is not less than the downlink filter attenuation, and where RSSI is measured after spectrum block filtering is applied referenced to the booster's input port for each band of operation. ( C ) Booster Gain Limits. ( 1 ) The uplink gain in dB of a consumer booster referenced to its input and output ports shall not exceed −34 dB—RSSI + MSCL. ( i ) Where RSSI is the downlink composite received signal power in dBm at the booster donor port for all base stations in the band of operation. RSSI is expressed in negative dB units relative to 1 mW. ( ii ) Where MSCL (Mobile Station Coupling Loss) is the minimum coupling loss in dB between the wireless device and input port of the consumer booster. MSCL must be calculated or measured for each band of operation and provided in compliance test reports. ( 2 ) The uplink and downlink maximum gain of a Consumer Booster referenced to its input and output ports shall not exceed the following limits: ( i ) Fixed Booster maximum gain shall not exceed 6.5 dB + 20 Log 10 (Frequency) ( ii ) Where, Frequency is the uplink mid-band frequency of the supported spectrum bands in MHz. ( iii ) Mobile Booster maximum gain shall not exceed 50 dB when using an inside antenna (e.g., inside a vehicle), 23 dB when using direct contact coupling (e.g., cradle-type boosters), or 15 dB when directly connected (e.g., boosters with a physical connection to the phone). ( D ) Power Limits. A booster's uplink power must not exceed 1 watt composite conducted power and equivalent isotropic radiated power (EIRP) for each band of operation. Composite downlink power shall not exceed 0.05 watt (17 dBm) conducted and EIRP for each band of operation. Compliance with power limits will use instrumentation calibrated in terms of RMS equivalent voltage. ( E ) Out of Band Emission Limits. Booster out of band emissions (OOBE) shall be at least 6 dB below the FCC's mobile emission limits for the supported bands of operation. Compliance to OOBE limits will utilize high peak-to-average CMRS signal types. ( F ) Intermodulation Limits. The transmitted intermodulation products of a consumer booster at its uplink and downlink ports shall not exceed the power level of −19 dBm for the supported bands of operation. Compliance with intermodulation limits will use boosters operating at maximum gain and maximum rated output power, with two continuous wave (CW) input signals spaced 600 kHz apart and centered in the pass band of the booster, and with a 3 kHz measurement bandwidth. ( G ) Booster Antenna Kitting. All consumer boosters must be sold with user manuals specifying all antennas and cables that meet the requirements of this section. All consumer boosters must be sold together with antennas, cables, and/or coupling devices that meet the requirements of this section. The grantee is required to submit a technical document with the application for FCC equipment authorization that shows compliance of all antennas, cables and/or coupling devices with the requirements of this section, including any antenna or equipment upgrade options that may be available at initial purchase or as a subsequent upgrade. ( H ) Transmit Power Off Mode. When the consumer booster cannot otherwise meet the noise and gain limits defined herein it must operate in “Transmit Power Off Mode.” In this mode of operation, the uplink and downlink noise power shall not exceed −70 dBm/MHz and both uplink and downlink gain shall not exceed the lesser of 23 dB or MSCL. ( I ) Uplink Inactivity. When a consumer booster is not serving an active device connection after 5 minutes the uplink noise power shall not exceed −70 dBm/MHz. ( ii ) Interference Safeguards. Consumer boosters must include features to prevent harmful interference including, at a minimum, those enumerated in this subsection. These features may not be deactivated by the operator and must be enabled and operating at all times the signal booster is in use. ( A ) Anti-Oscillation. Consumer boosters must be able to detect and mitigate ( i.e., by automatic gain reduction or shut down), any oscillations in uplink and downlink bands. Oscillation detection and mitigation must occur automatically within 0.3 seconds in the uplink band and within 1 second in the downlink band. In cases where oscillation is detected, the booster must continue mitigation for at least one minute before restarting. After five such restarts, the booster must not resume operation until manually reset. ( B ) Gain Control. Consumer boosters must have automatic limiting control to protect against excessive input signals that would cause output power and emissions in excess of that authorized by the Commission. ( C ) Interference Avoidance for Wireless Subsystems. Consumer boosters using unlicensed (part 15) or other frequency bands for wireless transmissions between donor and server subsystems for its internal operations must employ interference avoidance methods to prevent interference transmitted into authorized CMRS spectrum bands and must meet applicable limits for radiofrequency exposure. ( 9 ) Provider-Specific Consumer Signal Boosters. A Provider-Specific Consumer Signal Booster will meet the Consumer Signal Booster Network Protection Standard if it complies with paragraphs (e)(1) through (e)(7) of this section and the following: ( i ) Technical Requirements — ( A ) Noise Limits. The transmitted noise power in dBm/MHz of frequency selective consumer boosters outside the licensee's spectrum blocks at their uplink and downlink ports shall not exceed the following limits: ( 1 ) −103 dBm/MHz−RSSI ( i ) Where RSSI is the downlink composite signal power received in dBm for frequencies in the band of operation outside the licensee's spectrum block as measured after spectrum block filtering is applied and is referenced to the booster's donor port for each band of operation. RSSI is expressed in negative dB units relative to 1 mW. ( ii ) Boosters with MSCL less than 40 dB, shall reduce the Noise output in (A) by 40 dB−MSCL, where MSCL is the minimum coupling loss in dB between the wireless device and booster's server port. MSCL must be calculated or measured for each band of operation and provided in compliance test reports. ( 2 ) ( i ) Fixed booster maximum downlink noise power shall not exceed −102.5 dBm/MHz + 20 Log 10 (Frequency), where Frequency is the uplink mid-band frequency of the supported spectrum bands in MHz. ( ii ) Mobile booster maximum noise power shall not exceed −59 dBm/MHz. ( iii ) Compliance with Noise limits will use instrumentation calibrated in terms of RMS equivalent voltage, and with booster input ports terminated or without input signals applied within the band of measurement. ( B ) Bidirectional Capability. Consumer Boosters must be able to provide equivalent uplink and downlink gain and conducted uplink power output that is at least 0.05 watts. One-way consumer boosters ( i.e., uplink only, downlink only, uplink impaired, downlink impaired) are prohibited. Spectrum block filtering used must provide uplink filter attenuation not less than the downlink filter attenuation, and where RSSI is measured after spectrum block filtering is applied referenced to the booster's input port for each band of operation. ( C ) Booster Gain Limits. The gain of the frequency selective consumer booster shall meet the limits below. ( 1 ) The uplink and downlink gain in dB of a frequency selective consumer booster referenced to its input and output ports shall not exceed BSCL−28 dB−(40 dB−MSCL). ( i ) Where BSCL is the coupling loss between the booster's donor port and the base station's input port, and MSCL is the minimum coupling loss in dB between the wireless device and the booster's server port. MSCL must be calculated or measured for each band of operation and provided in compliance test reports. ( ii ) In order of preference, BSCL is determined as follows: determine path loss between the base station and the booster; such measurement shall be based on measuring the received forward pilot/control channel power at the booster and reading the pilot/control channel transmit power from the base station as defined in the system information messages sent by the base station; estimate BSCL by assuming that the base station is transmitting at a level of + 25 dBm per channel (assume a small, lightly loaded cell) and measuring the total received signal power level within the channel in dBm (RPCH) received at the booster input port. BSCL is then calculated as 25-RPCH; or assume that the BSCL is 70 dB without performing any measurement. ( 2 ) The uplink and downlink maximum gain of a frequency selective consumer booster referenced to its input and output ports shall not exceed the following limits: ( i ) Fixed Booster maximum gain shall not exceed 19.5 dB + 20 Log 10 (Frequency), or 100 dB for systems having automatic gain adjustment based on isolation measurements between booster donor and server antennas. ( ii ) Where, Frequency is the uplink mid-band frequency of the supported spectrum bands in MHz. ( iii ) Mobile Booster maximum gain shall not exceed 15 dB when directly connected ( e.g., boosters with a physical connection to the subscriber device), 23 dB when using direct contact coupling ( e.g., cradle-type boosters), or 50 dB when using an inside antenna ( e.g., inside a vehicle). For systems using an inside antenna that have automatic gain adjustment based on isolation measurements between booster donor and server antenna and automatic feedback cancellation, the mobile booster maximum gain shall not exceed 58 dB and 65 dB for frequencies below and above 1 GHz, respectively. ( D ) Power Limits. A booster's uplink power must not exceed 1 watt composite conducted power and equivalent isotropic radiated power (EIRP) for each band of operation. Downlink power shall not exceed 0.05 watt (17 dBm) composite and 10 dBm per channel conducted and EIRP for each band of operation. Compliance with power limits will use instrumentation calibrated in terms of RMS equivalent voltage. ( E ) Out of Band Gain Limits. ( 1 ) A frequency selective booster shall have the following minimum attenuation referenced to the gain in the center of the pass band of the booster: ( i ) −20 dB at the band edge, where band edge is the end of the licensee's allocated spectrum, ( ii ) −30 dB at 1 MHz offset from band edge, ( iii ) −40 dB at 5 MHz offset from band edge. ( 2 ) A frequency selective booster having maximum gain greater than 80 dB (referenced to the center of the pass band) shall limit the out of band gain to 60 dB at 0.2 MHz offset from the band edge, and 45 dB at 1 MHz offset from the band edge, where band edge is the end of the licensee's allocated spectrum. ( F ) Out of Band Emission Limits. Booster out of band emissions (OOBE) shall meet the FCC's mobile emission limits for the supported bands of operation. Compliance to OOBE limits will utilize high peak-to-average CMRS signal types. ( G ) Intermodulation Limits. The transmitted intermodulation products of a consumer booster at its uplink and downlink ports shall not exceed the power level of −19 dBm for the supported bands of operation. Compliance with intermodulation limits will use boosters operating at maximum gain and maximum rated output power, with two continuous wave (CW) input signals spaced 600 kHz apart and centered in the pass band of the booster, and with a 3 kHz measurement bandwidth. ( H ) Booster Antenna Kitting. All consumer boosters must be sold with user manuals specifying all antennas and cables that meet the requirements of this section. All consumer boosters must be sold together with antennas, cables, and/or coupling devices that meet the requirements of this section. The grantee is required to submit a technical document with the application for FCC equipment authorization that shows compliance of all antennas, cables, and/or coupling devices with the requirements of this section, including any antenna or equipment upgrade options that may be available at initial purchase or as a subsequent upgrade. ( I ) Transmit Power Off Mode. When the consumer booster cannot otherwise meet the noise and gain limits defined herein it must operate in “Transmit Power OFF Mode.” In this mode of operation, the uplink and downlink noise power shall not exceed −70 dBm/MHz and uplink gain shall not exceed the lesser of 23 dB or MSCL. ( J ) Uplink Inactivity. When a consumer booster is not serving an active device connection after 5 seconds the uplink noise power shall not exceed −70 dBm/MHz. ( ii ) Interference Safeguards. Consumer boosters must include features to prevent harmful interference including, at a minimum, those enumerated in this subsection. These features may not be deactivated by the operator and must be enabled and operating at all times the signal booster is in use. ( A ) Anti-Oscillation. Consumer boosters must be able to detect and mitigate ( i.e., by automatic gain reduction or shut down), any oscillations in uplink and downlink bands. Oscillation detection and mitigation must occur automatically within 0.3 seconds in the uplink band and within 1 second in the downlink band. In cases where oscillation is detected, the booster must continue mitigation for at least one minute before restarting. After five such restarts, the booster must not resume operation until manually reset. ( B ) Gain Control. Consumer boosters must have automatic limiting control to protect against excessive input signals that would cause output power and emissions in excess of that authorized by the Commission. ( C ) Interference Avoidance for Wireless Subsystems. Consumer boosters using unlicensed (part 15) or other frequency bands for wireless transmissions between donor and server subsystems for its internal operations must employ interference avoidance methods to prevent interference transmitted into authorized CMRS spectrum bands. ( 10 ) Equivalent Protections. Consumer Signal Boosters which do not meet the technical specifications enumerated in paragraphs (e)(1) through (e)(9) of this section may also meet the Network Protection Standard if they provide equivalent protections as determined by the Wireless Telecommunications Bureau. ( f ) Signal booster labeling requirements. ( 1 ) Signal booster manufacturers, distributors, and retailers must ensure that all signal boosters marketed on or after March 1, 2014 include the following advisories: ( i ) In on-line, point-of-sale marketing materials, ( ii ) In any print or on-line owner's manual and installation instructions, ( iii ) On the outside packaging of the device, and ( iv ) On a label affixed to the device: ( A ) For Consumer Signal Boosters: ( 1 ) This is a CONSUMER device. BEFORE USE, you MUST REGISTER THIS DEVICE with your wireless provider and have your provider's consent. Most wireless providers consent to the use of signal boosters. Some providers may not consent to the use of this device on their network. If you are unsure, contact your provider. You MUST operate this device with approved antennas and cables as specified by the manufacturer. Antennas MUST be installed at least 20 cm (8 inches) from any person. You MUST cease operating this device immediately if requested by the FCC or a licensed wireless service provider. WARNING. E911 location information may not be provided or may be inaccurate for calls served by using this device. ( 2 ) The label for Consumer Signal Boosters certified for fixed indoor operation also must include the following language: This device may be operated ONLY in a fixed location for in-building use. ( B ) For Industrial Signal Boosters: WARNING. This is NOT a CONSUMER device. It is designed for installation by FCC LICENSEES and QUALIFIED INSTALLERS. You MUST have an FCC LICENSE or express consent of an FCC Licensee to operate this device. Unauthorized use may result in significant forfeiture penalties, including penalties in excess of $100,000 for each continuing violation. ( 2 ) A Consumer Signal Booster label may contain an acknowledgement that particular provider(s) have given their consent for all consumers to use the device. Such an acknowledgement would be inserted prior to, “Some wireless providers may not consent to the use of this device on their network. If you are unsure, contact your provider.” The remaining language of the advisory shall remain the same. ( g ) Marketing and sale of signal boosters. Except as provided in § 2.803 of this chapter , no person, manufacturer, distributor, or retailer may market (as defined in § 2.803 of this chapter ) any Consumer Signal Booster that does not comply with the requirements of this section to any person in the United States or to any person intending to operate the Consumer Signal Booster within the United States. Wideband Consumer Signal Boosters may only be sold to members of the general public for their personal use. ( h ) Registration. Each licensee consenting to the operation of a Consumer Signal Booster must establish a free registration mechanism for subscribers and register all Consumer Signal Boosters to which it consents. A licensee must establish a registration mechanism by the later of March 1, 2014 or within 90 days of consenting to the operation of a Consumer Signal Booster. At a minimum, a licensee must collect: ( 1 ) The name of the Consumer Signal Booster owner and/or operator, if different individuals; ( 2 ) The make, model, and serial number of the device; ( 3 ) The location of the device; and ( 4 ) The date of initial operation. Licensee consent is voluntary and may be withdrawn at the licensee's discretion. [ 78 FR 21559 , Apr. 11, 2013, as amended at 79 FR 70795 , Nov. 28, 2014; 83 FR 17090 , Apr. 18, 2018] § 20.22 Rules governing mobile spectrum holdings. ( a ) Applicants for mobile wireless licenses for commercial use, for assignment or transfer of control of such licenses, or for long-term de facto transfer leasing arrangements as defined in § 1.9003 of this chapter and long-term spectrum manager leasing arrangements as identified in § 1.9020(e)(1)(ii) must demonstrate that the public interest, convenience, and necessity will be served thereby. The Commission will evaluate any such license application consistent with the policies set forth in Policies Regarding Mobile Spectrum Holdings, Report and Order, FCC 14-63, WT Docket No. 12-269, adopted May 15, 2014. ( b ) Attribution of interests. ( 1 ) The following criteria will apply to attribute partial ownership and other interests in spectrum holdings for purposes of: ( i ) Applying a mobile spectrum holding limit to the licensing of spectrum through competitive bidding; and ( ii ) Applying the initial spectrum screen to secondary market transactions. ( 2 ) Controlling interests shall be attributable. Controlling interest means majority voting equity ownership, any general partnership interest, or any means of actual working control (including negative control) over the operation of the licensee, in whatever manner exercised. ( 3 ) Non-controlling interests of 10 percent or more in spectrum shall be attributable. Interests of less than 10 percent in spectrum shall be attributable if such interest confers de facto control, including but not limited to partnership and other ownership interests and any stock interest in a licensee. ( 4 ) The following interests in spectrum shall also be attributable to holders: ( i ) Officers and directors of a licensee shall be considered to have an attributable interest in the entity with which they are so associated. The officers and directors of an entity that controls a licensee or applicant shall be considered to have an attributable interest in the licensee. ( ii ) Ownership interests that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that if the ownership percentage for an interest in any link in the chain exceeds 50 percent or represents actual control, it shall be treated as if it were a 100 percent interest. (For example, if A owns 20% of B, and B owns 40% of licensee C, then A's interest in licensee C would be 8%. If A owns 20% of B, and B owns 51% of licensee C, then A's interest in licensee C would be 20% because B's ownership of C exceeds 50%). ( iii ) Any person who manages the operations of a licensee pursuant to a management agreement shall be considered to have an attributable interest in such licensee if such person, or its affiliate, has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence, the nature or types of services offered by such licensee, the terms upon which such services are offered, or the prices charged for such services. ( iv ) Any licensee or its affiliate who enters into a joint marketing arrangement with another licensee or its affiliate shall be considered to have an attributable interest in the other licensee's holdings if it has authority to make decisions or otherwise engage in practices or activities that determine or significantly influence the nature or types of services offered by the other licensee, the terms upon which such services are offered, or the prices charged for such services. ( v ) Limited partnership interests shall be attributed to limited partners and shall be calculated according to both the percentage of equity paid in and the percentage of distribution of profits and losses. ( vi ) Debt and instruments such as warrants, convertible debentures, options, or other interests (except non-voting stock) with rights of conversion to voting interests shall not be attributed unless and until converted or unless the Commission determines that these interests confer de facto control. ( 5 ) The following interests shall be attributable to holders, except to lessees and sublessees for the purpose of qualifying to bid on reserved licenses offered in the Incentive Auction, discussed in paragraph (c) of this section, on the basis of status as a non-nationwide provider: ( i ) Long-term de facto transfer leasing arrangements as defined in § 1.9003 of this chapter and long-term spectrum manager leasing arrangements as identified in § 1.9020(e)(1)(ii) that enable commercial use shall be attributable to lessees, lessors, sublessees, and sublessors for purposes of this section. ( ii ) [Reserved] ( c ) 600 MHz Band holdings. ( 1 ) The Commission will reserve licenses for up to 30 megahertz of the 600 MHz Band, offered in the Incentive Auction authorized by Congress pursuant to 47 U.S.C. 309(j)(8)(G) , for otherwise qualified bidders who do not hold an attributable interest in 45 megahertz or more of the total 134 megahertz of below-1-GHz spectrum which consists of the cellular (50 megahertz), the 700 MHz (70 megahertz), and the SMR (14 megahertz) spectrum in a Partial Economic Area (PEA), as calculated on a county by county population-weighted basis, utilizing 2010 U.S. Census data. The amount of reserved and unreserved 600 MHz Band licenses will be determined based on the market-based spectrum reserve set forth in Policies Regarding Mobile Spectrum Holdings, Report and Order, FCC 14-63, WT Docket No. 12-269, adopted May 15, 2014, as well as subsequent Public Notices. Nothing in this paragraph will limit, or may be construed to limit, an otherwise qualified bidder that is a non-nationwide provider of mobile wireless services from bidding on any reserved or unreserved license offered in the Incentive Auction. ( 2 ) For a period of six years, after initial licensing, no 600 MHz Band license, regardless of whether it is reserved or unreserved, may be transferred, assigned, partitioned, disaggregated, or long term leased to any entity that, after consummation of the transfer, assignment, or leased on a long term basis, would hold an attributable interest in one-third or more of the total suitable and available below-1-GHz spectrum as calculated on a county by county population-weighted basis in the relevant license area, utilizing 2010 U.S. Census data. ( 3 ) For a period of six years, after initial licensing, no 600 MHz Band reserved license may be transferred, assigned, partitioned, disaggregated, or leased on a long term basis to an entity that was not qualified to bid on that reserved spectrum license under paragraph (c)(1) of this section at the time of the Incentive Auction short-form application deadline. [ 79 FR 40002 , July 11, 2014, as amended at 80 FR 61970 , Oct. 14, 2015] § 20.23 Contraband wireless devices in correctional facilities. ( a ) Good faith negotiations. CMRS licensees must negotiate in good faith with entities seeking to deploy a Contraband Interdiction System (CIS) in a correctional facility. Upon receipt of a good faith request by an entity seeking to deploy a CIS in a correctional facility, a CMRS licensee must negotiate toward a lease agreement. If, after a 45 day period, there is no agreement, CIS providers seeking Special Temporary Authority (STA) to operate in the absence of CMRS licensee consent may file a request for STA with the Wireless Telecommunications Bureau (WTB), accompanied by evidence demonstrating its good faith, and the unreasonableness of the CMRS licensee's actions, in negotiating an agreement. The request must be served on the CMRS licensee no later than the filing of the STA request, and the CMRS licensee may file a response with WTB, with a copy served on the CIS provider at that time, within 10 days of the filing of the STA request. If WTB determines that the CIS provider has negotiated in good faith, yet the CMRS licensee has not negotiated in good faith, WTB may issue STA to the entity seeking to deploy the CIS, notwithstanding lack of accompanying CMRS licensee consent. ( b ) Contraband Interdiction System (CIS) authorization process. The provisions in this section apply to any person seeking certification of a CIS authorized for use in the submission of qualifying disabling requests, whether operating a system that requires a license and is regulated as CMRS or private mobile radio service (PMRS), or operating a passive system that does not require a license. The Wireless Telecommunications Bureau (Bureau) will establish, via public notice, the form and procedure for: CIS operators to file CIS certification applications, self-certifications, and periodic re-certification; CIS operators to serve on wireless providers notice of testing and copies of self-certification; and wireless providers to file objections to self-certifications, including required service on CIS operators and DCFOs. ( 1 ) Application requirements. To obtain CIS certification, an applicant must submit an application to the Bureau for review and approval that: ( i ) Demonstrates that all radio transmitters used as part of the CIS have appropriate equipment authorizations pursuant to Commission rules in part 2 of this chapter ; ( ii ) Demonstrates that the CIS is designed and will be configured to locate devices solely within a correctional facility; ( iii ) Describes the methodology to be used in analyzing data collected by the CIS and demonstrates that such methodology is adequately robust to ensure that the particular wireless device is in fact located within a correctional facility and includes specific data analysis benchmarks designed to ensure successful detection, such as rate of detection of contraband versus non-contraband devices and relevant sample size ( e.g. number of devices observed and length of observation period); ( iv ) Demonstrates that the CIS will secure and protect all information or data collected as part of its intended use; ( v ) Demonstrates that the CIS will not interfere with emergency 911 calls; ( vi ) Describes whether the CIS requires a spectrum or network access agreement ( e.g., a spectrum leasing arrangement or roaming agreement) to be authorized to operate; and ( vii ) Includes a proposed test plan for subsequent site-based testing of each CIS, that must include detailed descriptions and technical specifications to facilitate Commission review of whether the system satisfies its legal requirements and technically functions as anticipated. ( 2 ) Marketing and sales. CIS that are certified for use in qualifying requests for disabling of contraband devices may be marketed or sold only to correctional facilities or entities that will provide contraband interdiction services to such facilities. ( 3 ) Site-based testing and self-certification requirements — ( i ) Site-based testing. A CIS operator seeking to use the CIS to submit qualifying requests for disabling must test a certified CIS at each location where it intends to operate. Thereafter, the CIS operator must file with the Bureau a self-certification that complies with paragraph (b)(3)(ii) of this section, confirming that the testing at that specific correctional facility is complete and successful. The CIS operator must serve notice of the testing on all relevant wireless providers prior to testing and provide such wireless providers a reasonable opportunity to participate in the tests. Relevant wireless providers include any wireless provider holding a spectrum license that: ( A ) Authorizes operation on the frequencies on which the CIS seeks to detect contraband use; and ( B ) Authorizes service in the geographic area ( e.g., census tract, county, Partial Economic Area (PEA), Economic Area (EA), Cellular Market Area (CMA), Regional Economic Area Grouping (REAG)) within which the correctional facility is located. ( ii ) Self-certification. Following the testing, and to be eligible for use in conjunction with qualifying requests for disabling, a CIS operator must file a self-certification with the Bureau that: ( A ) Identifies the correctional facility where it seeks to deploy; ( B ) Attests that applicable Federal or state criminal statutes prohibit the possession or operation of contraband devices within the correctional facility (and includes the applicable Federal or state criminal statutory provision); ( C ) Describes the results of on-site tests of the certified CIS conducted at the correctional facility; ( D ) Attests that the on-site testing was performed consistent with the approved test plans for the certified CIS and that the CIS deployment minimizes the risk of disabling a non-contraband device; ( E ) Identifies whether any relevant wireless providers participated in the testing, and provides proof that the relevant wireless providers were given notice regarding the testing and a reasonable opportunity to participate; ( F ) Includes proof of any spectrum and/or network access agreement ( e.g., a spectrum leasing arrangement and/or roaming agreement) required to be authorized to operate and/or for the system to function effectively; ( G ) Includes proof that the self-certification was served via electronic means on all relevant wireless providers; and ( H ) Includes an attestation from the DCFO verifying that all information contained in the self-certification is true and accurate. ( I ) The self-certification must be filed in accordance with part 1, subpart F, of this chapter. ( 4 ) Submitting objections. Wireless providers may submit objections to the Bureau within five business days from the certification filing date. Any such objections must be served on the DCFO and the CIS operator. ( 5 ) Recertification. At least every three years after the initial self-certification, CIS operators seeking to maintain the ability to submit qualifying requests through a DCFO for contraband device disabling must retest their systems and recertify them for continued CIS accuracy. Recertifications must comply with the same rules and filing instructions that apply to the initial self-certification. ( 6 ) Suspension of CIS eligibility. The Bureau may suspend CIS certification generally or at a particular facility if subsequent credible information calls into question a system's reliability. ( 7 ) Records maintenance. To ensure the integrity and proper operation of CISs, a CIS operator must retain records of all information supporting each request for disabling and the basis for disabling each device, including copies of all documents submitted in the qualifying request, for at least five years following the date of submission of the relevant disabling request. CIS operators of systems that have been tested and approved for use in qualifying requests must make available all records upon request from the Bureau. ( c ) Disabling contraband wireless devices. A DCFO may request that a CMRS licensee disable a contraband wireless device that has been detected in a correctional facility by a CIS that has been certified in accordance with paragraph (b) of this section. Absent objections from a wireless provider, as described under paragraph (b)(4) of this section, the DCFO may submit a qualifying request to a wireless provider beginning on the sixth business day after the later of the self-certification filing or actual service, as described under paragraph (b)(3)(ii) of this section. ( 1 ) DCFO list. The Commission will maintain a publicly available list of DCFOs that are authorized to transmit qualifying disabling requests. Authorized DCFOs that seek to be recognized on the Commission's DCFO list must send a letter to the Commission's Contraband Ombudsperson, signed by the relevant state attorney general or the relevant Bureau of Prisons Regional Director and providing: ( i ) The individual's name; ( ii ) The individual's official government position; and ( iii ) A list of correctional facilities over which the individual has oversight and management authority. ( 2 ) Qualifying request. A qualifying request must be made in writing, contain the certifications in paragraph (c)(2)(i) of this section and the device and correctional facility identifying information in paragraph (c)(2)(ii) of this section, and be signed by the appropriate DCFO. The DCFO must transmit a qualifying request to a CMRS licensee using a secure communication means that will provide certainty regarding the identity of both the sending and receiving parties. A CMRS licensee must adopt a method, or use an existing method, for receiving secured and verified qualifying requests. ( i ) Certifications. A qualifying request must include the following certifications by the DCFO: ( A ) A CIS that has been certified in accordance with paragraph (b) of this section was used to gather the contraband subscriber and device information populated in the qualifying request; ( B ) The certified CIS was used to identify contraband wireless devices operating in a correctional facility where the CIS has been tested and self-certified for operational readiness and for use in qualifying requests, and the identification of contraband wireless devices occurred within 30 days immediately prior to the date of the qualifying request submission; ( C ) The DCFO has reviewed the list of contraband wireless devices and attests that it is accurate; and ( D ) It is a violation of applicable state or Federal criminal statutes to possess or operate a contraband device in the correctional facility. ( ii ) Device and correctional facility identifying information. The qualifying request must identify the contraband wireless device to be disabled and the correctional facility by providing the following information: ( A ) Identifiers sufficient to: ( 1 ) Identify the applicable wireless service provider; ( 2 ) Uniquely describe each of the contraband wireless devices in question at the subscription level; and ( 3 ) Uniquely describe each of the contraband wireless devices in question at the device-level; ( B ) Name of the correctional facility at which the contraband wireless device(s) were identified; and ( C ) Street address of the correctional facility at which the contraband wireless device(s) were identified. ( 3 ) Licensee actions upon receipt of a qualifying request. Upon receiving a request from a DCFO to disable a contraband wireless device, a licensee providing CMRS service must verify that the request contains the required information for a qualifying request, as defined in paragraph (c)(2) of this section. ( i ) Disabling upon receipt of a qualifying request and timing. If the qualifying request contains the required information, and does not contain an error in the device identifying information preventing the licensee from being able to disable the device, a licensee must, within two business days of receipt of the qualifying request, disable the contraband wireless device from using the wireless provider's network at both the device and subscriber level and take reasonable and practical steps to prevent the contraband wireless device from being used on another wireless provider's network. ( ii ) Rejection of a qualifying request and timing. A licensee may reject a qualifying request within two business days of receipt of a qualifying request if it does not include the information required for a qualifying request or, with respect to a relevant device, the request contains an error in the device-identifying information preventing the licensee from being able to disable the device. ( iii ) Customer outreach. A licensee may immediately disable a contraband wireless device without any customer outreach, or a licensee may contact the customer of record through any available means to notify them that the device will be disabled, but any such notice does not modify the licensee's obligation to comply with paragraphs (c)(3)(i) and (ii) of this section. ( iv ) Notification to the Designated Correctional Facility Official. Within two business days of receiving a qualifying request from a DCFO, a licensee must inform the DCFO whether the request has been granted or rejected. ( 4 ) Reversals. A licensee may reverse a disabled wireless device if it determines that the wireless device was identified erroneously as contraband. The licensee must promptly inform the DCFO of the erroneously identified wireless device. ( i ) DCFO involvement. Prior to reversing a disabling action, a wireless provider that determines that a device may have been erroneously identified as contraband may request that the DCFO review and confirm the information provided in a qualifying request pursuant to which the device was previously disabled. To trigger DCFO involvement, the wireless provider must provide the DCFO with: ( A ) The date of the qualifying request; ( B ) The identifying information provided for the device; and ( C ) Any evidence supporting the wireless provider's belief that the device was erroneously identified. ( ii ) DCFO response. Upon receipt of a request from a wireless provider, the DCFO should review the qualifying request and determine whether the device in question was erroneously identified and either confirm the validity of the identifying information contained in the qualifying request or acknowledge the error and direct the carrier to restore service to the device. ( iii ) Restoration of service. In the event the DCFO directs the wireless provider to reverse the disabling, the wireless provider must, within two business days, restore service to the device and reverse any actions taken to prevent the device from accessing other wireless provider networks. ( iv ) Wireless provider action in absence of timely DCFO response. In the event the DCFO does not respond to a request from a wireless provider for review of a qualifying request within two business days, the wireless provider may proceed with reversing the disabling action. ( v ) Notice of reversals. The DCFO must provide notice to the Contraband Ombudsperson of the number of erroneously disabled devices on a quarterly basis at the end of any quarter during which a device disabling was reversed. ( d ) Notification to Managed Access System (MAS) operators of wireless provider technical changes — ( 1 ) Notification requirements. CMRS licensees leasing spectrum to MAS operators must provide 90 days' advance notice to MAS operators of the following network changes occurring within 15 miles of the correctional facility, unless parties modify notification arrangements through mutual agreement: ( i ) Adding a new frequency band to service offerings; ( ii ) Deploying a new air interface technology or changing an existing air interface technology; and/or ( iii ) Adding, relocating, or removing a site. ( 2 ) Good faith negotiations. CMRS licensee lessors and MAS operator lessees must negotiate in good faith to reach an agreement for notification for other types of network adjustments not covered by the notice requirement set forth in paragraph (d)(1) of this section and for the parties' treatment of confidential information contained in notifications required pursuant to this section and/or negotiated between the parties. ( 3 ) Emergency network changes exception. CMRS licensees leasing spectrum to managed access systems (MAS) operators are not required to provide 90 days' advance notice to MAS operators of network technical changes occurring within 15 miles of the correctional facility that are required due to emergency and disaster preparedness. CMRS licensees must provide notice of these technical changes immediately after the exigency. [ 82 FR 22761 , May 18, 2017, as amended at 86 FR 44638 , Aug. 13, 2021]
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PART 95—PERSONAL RADIO SERVICES Authority: 47 U.S.C. 154 , 303 , 307 . Source: 82 FR 41104 , Aug. 29, 2017, unless otherwise noted. Subpart A—General Rules for the Personal Radio Services § 95.100 Basis and purpose. This section contains a concise general statement of the basis and purpose of the rules in this part, pursuant to 5 U.S.C. 553(c) . ( a ) Basis. These rules are issued pursuant to the Communications Act of 1934, as amended, 47 U.S.C. 151 et. seq. ( b ) Purpose. The purpose of these rules is to establish the requirements and conditions under which stations and devices incorporating radio transmitters may be designed, manufactured, certified, marketed, operated and used in the Personal Radio Services. § 95.101-95.299 [Reserved] § 95.301 Scope. This subpart contains rules that apply generally to all of the Personal Radio Services. § 95.303 Definitions. The following terms and definitions apply only to the rules in this part. Antenna. A device that converts radio frequency electrical energy from a transmitter to radiated electromagnetic energy. Authorized bandwidth. The maximum permissible occupied bandwidth of an emission. Automatic control. Operational control of a Personal Radio Services station by automated means, such that the operator does not have to be located at a control point and monitoring communications in order to share channels and avoid interference and rule violations. Base station. A station at a fixed location that communicates directly with mobile stations and other base stations. Carrier power output. The average power supplied at the radio frequency output of a transmitter during one radio frequency cycle, measured under the condition of no modulation. Certified transmitter. A transmitter of a type for which a grant of equipment certification, pursuant to part 2, subpart J of this chapter , has been issued for the Personal Radio Service(s) in which it is intended to be operated. Citizens band radio service. Pursuant to 47 U.S.C. 307(e)(3) , the term “citizens band radio service” means any radio service or other specific classification of radio stations used primarily for wireless telecommunications for which the FCC has determined that it serves the public interest, convenience and necessity to authorize by rule the operation of radio stations in that service or class, without individual licenses, pursuant to 47 U.S.C. 307(e)(1) . Citizens Broadband Radio Service. The rules for this service, including technical rules, are contained in part 96 of this chapter . Only Citizens Broadband Radio Service Devices authorized on a General Authorized Access basis, as those terms are defined in section 96.3 , are considered part of the Citizens Band Radio Services. Communications Act. The Communications Act of 1934, as amended; 47 U.S.C. 151 et. seq. Control point. Any location where the operator of a Personal Radio Services station may reliably operate that station. Control station. A station at a fixed location that communicates with mobile stations and other control stations through repeater stations, and may also be used to control the operation of repeater stations. dB. Decibels. EIRP. Equivalent Isotropically Radiated Power. Antenna input power times gain for free-space, or in-tissue measurement configurations required by MedRadio, expressed in Watts, where the gain is referenced to an isotropic radiator. Emergency messages. Communications concerning the immediate safety of life or protection of property. Emission. Radiated electromagnetic energy from a station. External radio frequency power amplifier. Any device which, when used with a transmitter as a signal source, is capable of amplification of that signal, and is not an integral part of a radio transmitter as manufactured. See § 2.815 of this chapter . FCC. The Federal Communications Commission. Feedline. A cable or transmission line that conveys radio frequency electrical energy from a transmitter to an antenna. Fixed station. A station at a fixed location that directly communicates with other fixed stations only. Frequency accuracy. A technical requirement comprising the frequency tolerance, frequency stability, or both. Frequency tolerance. A design requirement specifying the maximum amount that carrier frequencies of newly manufactured transmitters may normally differ from the frequency or frequencies set forth in the FCC rules. Frequency stability. A design requirement specifying the maximum amount that carrier frequencies of transmitters may normally change from their nominal value as a result of changes in ambient temperature, power supply voltages, or other external factors. Hand-held portable unit. A physically small mobile station that can be operated while being held in the operator's hand. Harmful interference. Any transmission, radiation, or induction that endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs, or repeatedly interrupts a radiocommunication service operating in accordance with applicable laws, treaties, and regulations. Individual. A human being, e.g., one man or one woman. Individual license. An authorization to operate a Personal Radio Service station, granted by the FCC to a specific person. Interference. The effect of unwanted energy due to one or a combination of emissions, radiations, or inductions upon reception in a radiocommunication system, manifested by any performance degradation, misinterpretation, or loss of information which could be extracted in the absence of such unwanted energy. Licensee. A person that has been granted an individual license by the FCC. Mean power output. The average power supplied at the radio frequency output of a transmitter during a time interval of at least 0.1 seconds, taken under normal operating conditions. Mobile station. A station, intended to be used while in motion or during halts at unspecified locations, that communicates directly with base stations and other mobile stations, and with control stations and other mobile stations through repeater stations. Modulation. A process of altering the amplitude, frequency and/or phase of a radio frequency carrier wave generated within a Personal Radio Service transmitter, for the purpose of impressing onto the carrier wave information to be transmitted. Necessary bandwidth. For a given class of emission, the width of the frequency band which is just sufficient to ensure the transmission of information at the rate and with the quality required under specified conditions. Occupied bandwidth. For an emission, the width of a frequency band such that, below the lower and above the upper frequency limits, the mean powers emitted are each equal to 0.5% of the total mean power of the emission. One-way communications. Communications where information always flows in one pre-arranged direction through a communications channel. Operate. Control the functioning of a Personal Radio Service station; in particular, cause a Personal Radio Service station to begin, continue or cease transmitting. Operator. An individual who operates a Personal Radio Service station. Out-of-band emissions. Unwanted emissions that result from the modulation process and whose frequencies are immediately outside of the necessary bandwidth. Person. An individual, a corporation, a partnership, an association, a joint stock company, a trust, a state, territorial or local government unit, or other legal entity. Personal Radio Services station. Any transmitter, with or without an incorporated antenna or receiver, which is certified by the FCC to be operated in one or more of the Personal Radio Services. Personal Radio Services. The Personal Radio Services are the citizens band radio services, radio control radio services, the 218-219 MHz Service and individually licensed services comprising all of the radio services and other classifications of radio stations governed by the rules in this part ( 47 CFR part 95 ). Plain language voice communications. Voice communications without codes or coded messages intended to provide a hidden meaning. Foreign languages and commonly known radio operating words and phrases, such as “ten four” and “roger,” not intended to provide a hidden meaning, are not considered codes or coded messages. Radio control radio service. Pursuant to 47 U.S.C. 307(e)(3) , the term “radio control radio service” means any radio service or other specific classification of radio stations used primarily for wireless telecommand and/or wireless telemetry purposes, for which the FCC has determined that it serves the public interest, convenience and necessity to authorize by rule the operation of radio stations in that service or class, without individual licenses, pursuant to 47 U.S.C. 307(e)(1) . Remote control. Operation of a Personal Radio Services station from a location that is not in the immediate vicinity of the transmitter. Operation of a Personal Radio Services station from any location on the premises, vehicle or craft where the transmitter is located is not considered to be remote control. Repeater station. A station in a fixed location used to extend the communications range of mobile stations, hand-held portable units and control stations by receiving their signals on one channel (the input channel) and simultaneously retransmitting these signals on another channel (the output channel), typically with higher transmitting power from a favorable antenna location (typically high above the surrounding terrain). Spurious emissions. Unwanted emissions, the level of which may be reduced without affecting the corresponding transmission of information, including harmonic emissions, parasitic emissions, intermodulation products and frequency conversion products, but excluding out-of-band emissions. Network connection. Connection of a Personal Radio Services station to the public switched network, so that operators of other stations in that service are able to make (and optionally to receive) telephone calls through the connected station. Transmit. Radiate electromagnetic energy. Transmitter. A device which supplies radio frequency electrical energy to an antenna, either directly or through a feedline. Transmitter type. A sample transmitter submitted for testing to evaluate compliance with the technical and design rules in this part, for the purpose of FCC certification pursuant to part 2, subpart J of this chapter . The sample transmitter is identical to (as defined in § 2.908 of this chapter ) and representative of all other transmitters of the same type. Two-way communications. Communications where information flows in both directions through a communications channel, either simultaneously (duplex operation) or alternately (simplex operation). Unwanted emissions. Emissions whose frequencies are outside of the necessary bandwidth; comprising out-of-band emissions and spurious emissions. User. Any person who uses or benefits from the operation of a Personal Radio Service station. Voice obscuring feature. A feature incorporated into a Personal Radio Service telephony transmitter that alters the sound of the user's voice in such a way that the communications are intended to be understandable only to individuals using a similar unit that reverses the process on the receiving end, so that the voice again becomes intelligible. § 95.305 Authorization to operate Personal Radio Services stations Pursuant to 47 U.S.C. 307(e)(1) , this rule section authorizes eligible persons to operate part 95 Personal Radio Service stations and part 96 Citizens Broadband Radio Service stations without individual licenses, except as provided in paragraph (a). Such operation must comply with all applicable rules in this part. ( a ) Individual licenses. A valid individual license may be required under this part to operate or use stations in a particular service, certain types of stations, stations transmitting on certain channels or frequency bands, or stations transmitting with power above a certain level. Any such requirements applicable to stations in any of the Personal Radio Services are set forth in the subpart governing that specific service. See e.g., § 95.1705 . Otherwise, the FCC does not require or accept applications for an individual license to operate any type of Personal Radio Service station. ( b ) Operator eligibility. Some of the Personal Radio Services have specific operator eligibility requirements, which are set forth in the subparts governing those services. Otherwise, any person is eligible to operate a Personal Radio Service station, except as stated in paragraphs (c) and (d) of this section. ( c ) Foreign government operator. No entity that is a foreign government or which is acting in its capacity as a representative of a foreign government is authorized by this section to operate Personal Radio Service stations. ( d ) Cease and desist order. No person subject to a cease and desist order issued pursuant to § 95.313(d) is authorized by this section to operate Personal Radio Service stations. ( e ) Federal station. No person is authorized by this section to operate a United States Government radio station. ( f ) Foreign station. No person is authorized by this section to operate a foreign government radio station. § 95.307 Authorized station locations. Personal Radio Service stations generally may be operated in any location included within the descriptions in the following paragraphs in this section. In certain specific locations, however, co-ordination procedures or operating restrictions may apply, as set forth in § 95.309 . Operation of Personal Radio Service stations in any location outside of those described in the following paragraphs is not authorized by this part. ( a ) Within the United States and its territories. Those areas include the fifty United States and the District of Columbia, the Commonwealth of Puerto Rico, Navassa Island, the United States Virgin Islands (50 islets and cays), American Samoa (seven islands), Baker Island, the Commonwealth of Northern Marianna Islands, Guam Island and Howland Island, Jarvis Island, Johnston Island (Islets East, Johnston, North and Sand), Kingman Reef, Midway Island (Islets Eastern and Sand), Palmyra Island (more than 50 islets), and Wake Island (Islets Peale, Wake and Wilkes). ( b ) Aboard any vessel or aircraft registered in the United States. With the permission of the captain, while the vessel or aircraft is within or over the United States or its territories, U.S. territorial waters, or upon or over international waters. ( c ) Aboard any unregistered vessel or aircraft owned or operated by a United States citizen or company. While that vessel or aircraft is within or over the United States or its territories, U.S. territorial waters or upon or over international waters. ( d ) Other locations. Any other area of the world, except within the territorial limits of areas where radio services are regulated by: ( 1 ) An agency of the United States other than the FCC. (You are subject to its rules.) ( 2 ) Any foreign government. (You are subject to its rules.) § 95.309 Coordination procedures and other restrictions for operation in certain locations. The operator of a Personal Radio Service station may be required to coordinate operation in advance and/or may be subject to operating restrictions if the station is to be operated in certain locations, described in the following paragraphs in this section. ( a ) In a Quiet Zone or near a protected FCC field office. Rules for these locations are set forth in § 1.924 of this chapter . ( b ) Near a U.S. border or in an area that is or may be subject to an international treaty or agreement. Treaties and agreements may be viewed or downloaded from the FCC Web site: http://www.fcc.gov/ib/sand/agree/ . ( c ) At an environmentally sensitive site, or in a manner that may raise environmental concerns. Rules for these locations are set forth in part 1, subpart I of this chapter (Procedures Implementing the National Environmental Policy Act of 1969). ( d ) In an area administered by the United States Government. For example, the Department of Defense may impose restrictions on a station transmitting on land under its jurisdiction. Before operating a station at such a point, the operator should consult with the commanding officer in charge of the land. ( e ) Near the Arecibo Observatory. Anyone planning to operate a Personal Radio Services station on the islands of Puerto Rico, Desecheo, Mona, Vieques, or Culebra in a manner that could pose an interference threat to the Arecibo Observatory must notify the observatory at least 45 days in advance of the planned operation, by mail or email, to the following address: Interference Office, Arecibo Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612; email: prcz@naic.edu . ( 1 ) To determine whether a planned operation could pose an interference threat to the Arecibo Observatory, operators may consult interference guidelines provided by Cornell University. ( 2 ) The notification must include the geographical coordinates of the station, if it is a fixed or base station. ( 3 ) After receipt of such notifications, the FCC will allow the Arecibo Observatory 20 days to comment on or object to the proposed operation. The operator must make reasonable efforts to resolve or mitigate any potential interference concern with the Arecibo Observatory. If the FCC determines that an operator has made reasonable efforts to protect the Observatory from interference, the operator may be allowed to operate the station. § 95.311 Correspondence and notices from the FCC. Operators of Personal Radio Service stations must respond to and comply with official communications from the FCC. ( a ) The FCC may send a letter to the operator of a Personal Radio Service station requesting specific information about the Personal Radio Service station or its operation. Upon receipt of such a letter, the operator must respond in writing to the FCC office that sent the letter, within the time period stated in the letter. The written response must contain the information requested by the FCC, must be complete in itself, and should not rely on references to other communications or notices. ( b ) If it appears to the FCC that the operator of a Personal Radio Services station has violated the Communications Act or the FCC's rules, the FCC may send that operator an official notice concerning the apparent violation. Upon receipt of such official notice, the operator must respond in writing to the FCC office that sent the letter, within the time period stated in the letter and comply with all instructions in the notice concerning the response. The written response must contain a complete written statement that fully addresses each violation, reports any action that the operator has taken to correct the violation and to prevent it from happening again, and any other pertinent information, such as other operators or stations that may have caused the violation. ( c ) If the FCC notifies the operator of a Personal Radio Service station that the station is causing interference for technical reasons, the operator must follow all instructions in the official notice. The operator must comply with restricted hours of station operation if so specified in the official notice. The notice may require the operator to stop operating the station until technical adjustments or repairs have been made to the station equipment, such that the technical problem is corrected. § 95.313 Penalties for violations of the Communications Act or FCC rules. Operators of Personal Radio Service stations may be assessed penalties for violations of the Communications Act and the FCC Rules. ( a ) If a Federal court finds that a Personal Radio Service station operator has willfully and knowingly violated any provision of the Communications Act, that operator may be fined up to $10,000 or be imprisoned for a period not exceeding one year, or both. Upon a subsequent violation, the imprisonment may be for a period not exceeding two years. See § 501 of the Communications Act ( 47 U.S.C. 501 ). ( b ) If a Federal court finds that a Personal Radio Service station operator has willfully and knowingly violated any FCC rule, the operator may be fined up to $500 for each violation, or in the case of a continuing violation, $500 for each day that the violation continued. See section 502 of the Communications Act ( 47 U.S.C. 502 ). ( c ) If the FCC finds that a Personal Radio Service station operator has willfully or repeatedly violated one or more sections of the Communications Act or of the FCC Rules, that operator may be liable for forfeiture. See § 1.80 of this chapter for details about the forfeiture procedures and amounts. ( d ) If the FCC finds that a Personal Radio Service station operator is using a Personal Radio Service station in a way that violates one or more sections of the Communications Act or of the FCC Rules, the FCC may order the operator to cease and desist ( i.e., immediately stop operating the station). See § 312(b) of the Communications Act ( 47 U.S.C. 312(b) ). § 95.315 [Reserved] § 95.317 Registration of antenna structures that may constitute a menace to air navigation. ( a ) Each antenna structure used for a Personal Radio Service station is subject to the antenna structure rules set forth in part 17 of this chapter . In particular, the owner of an antenna structure that is more than 60.96 m (200 ft) in height above ground level ( see § 17.7 of this chapter for specific criteria) may be required to notify the FAA and register the antenna structure with the FCC. ( b ) Further, stations located on or near a military or public-use airport with an antenna structure that is more than 6.10 meters (20 feet) high may have to obey additional restrictions. The highest point of the antenna must not exceed one meter above the airport elevation for every hundred meters of distance from the nearest point of the nearest airport runway. Differences in ground elevation between the antenna and the airport runway may complicate this formula. For stations near an airport, see http://appsint.fcc.gov/UlsApp/AsrSearch/towairSearch.jsp to figure the maximum allowable height of the antenna. Consult part 17 of the FCC's Rules for more information ( 47 CFR part 17 ). § 95.319 Malfunctioning transmitting equipment. If the operator of a Personal Radio Services station becomes aware that the transmitting equipment is no longer functioning properly, he or she must stop making transmissions (except for emergency communications) using the malfunctioning transmitting equipment until it has been adjusted and/or repaired, as necessary, to restore proper operation. ( a ) FCC request to discontinue operation. If an FCC representative informs a Personal Radio Services station operator that the technical characteristics of his or her transmitted signals are not in compliance with the applicable rules (e.g., regarding power, unwanted emissions, frequency accuracy), he or she must immediately stop making transmissions with the transmitter producing the non-compliant signals. ( b ) Internal repairs. Internal adjustments and repairs to Personal Radio Services transmitters must be performed by or under the supervision of an individual who is qualified to maintain and repair transmitters. ( c ) Test transmissions. The operator of any Personal Radio Services station may make brief test transmissions to verify the functional status of the transmitting equipment at any time, provided that such transmissions do not cause interference to the communications of other stations. A qualified individual maintaining or repairing a Personal Radio station transmitter in accordance with paragraph (b) of this section may make test transmissions as necessary to maintain or repair the transmitter, provided that such transmissions do not cause interference to communications of other stations. § 95.321 [Reserved] § 95.323 FCC inspection of station. If an authorized FCC representative requests to inspect any station in the Personal Radio Services, the station operator or licensee must make the station and any applicable records available for inspection. § 95.325 Interference. Operators of Personal Radio Service stations experiencing or causing interference must first attempt to eliminate the interference by means of mutually satisfactory arrangements. If the operators are unable to resolve an interference problem, the FCC may impose restrictions including specifying the channels, maximum transmitting power, maximum antenna height and geographic area or hours of operation of the stations concerned. § 95.327 Restricted operation. The FCC may deny or restrict the use by any operator(s) of any specified channel(s) in a specified geographic area if, in the judgment of the FCC, such use is not in the public interest. Furthermore, the FCC may restrict the use by any particular operator(s) of any channel as to geographical area of operation, transmitting power, or other operating conditions. § 95.329 How to contact the FCC. For information about the Personal Radio Services, see the FCC's internet Web site ( www.fcc.gov ). To speak with an FCC representative about the Personal Radio Services, call the FCC's information line 888-CALL-FCC (888-225-5322). To write the FCC about these services, address the Federal Communications Commission, Attention: Mobility Division, Wireless Telecommunications Bureau, at the address of the FCC's main office indicated in 47 CFR 0.401(a) . [ 82 FR 41104 , Aug. 29, 2017, as amended at 85 FR 64411 , Oct. 13, 2020] § 95.331 Permissible uses. Personal Radio Services stations may be used only for the purposes set forth in the rules applicable to each specific Personal Radio Service. § 95.333 Prohibited uses. No person shall use a Personal Radio Service station: ( a ) In connection with any activity which is against Federal, State or local law; ( b ) To transmit advertisements or program material associated with television or radio broadcasting; ( c ) To transmit messages for hire or provide a common carrier service; ( d ) To intentionally interfere with the communications of another station; ( e ) To transmit obscene, profane or indecent words, language or meaning; or ( f ) To transmit a false or deceptive communication. § 95.335 Operation of non-certified transmitters prohibited. Except as provided in paragraph (a) of this section, no person shall operate a transmitter in any Personal Radio Service unless it is a certified transmitter; that is, a transmitter of a type which has obtained a grant of equipment certification for that service, pursuant to part 2, subpart J of this chapter . Use of a transmitter that is not FCC-certified voids the user's authority to operate that station. See sections 302(a), (b), and (e) of the Communications Act ( 47 U.S.C. 302(a) , (b), and (e)). ( a ) Exceptions. Under certain exceptions, non-certified Personal Radio Service transmitters, or transmitters certified for use in the land mobile radio services may be operated. Any such exceptions applicable to stations in a Personal Radio Service are set forth in the subpart governing that specific service. See e.g., §§ 95.735 and 95.1735 . ( b ) Revoked or withdrawn certification. In the event that the FCC revokes or withdraws a grant of equipment certification for a type of Personal Radio Service transmitter, existing transmitters already in service may continue to be operated unless and until the FCC determines otherwise and gives Public Notice of that decision. ( c ) Grantee permissible modifications. Only the grantee of the equipment certification may modify the design of a certified Personal Radio Service transmitter type, and then only pursuant to and in full compliance with the requirements and procedures for permissible changes and modifications in part 2 of this chapter . See §§ 2.932 and 2.1043 of this chapter . § 95.337 Operation of impermissibly modified equipment prohibited. No person shall modify any Personal Radio Service transmitter in a way that changes or affects the technical functioning of that transmitter such that operation of the modified transmitter results in a violation of the rules in this part. This includes any modification to provide for additional transmit frequencies, increased modulation level, a different form of modulation, or increased transmitter output power (either mean power or peak envelope power or both). Any such modification voids the certified status of the modified transmitter and renders it unauthorized for use in the Personal Radio Services. Also, no person shall operate any Personal Radio Service transmitter that has been so modified. § 95.339 Operation of transmitter with external device causing rule violation prohibited. No person shall operate any Personal Radio Service transmitter to which an external device or accessory has been added such that operation of the combination results in a violation of the rules. § 95.341 [Reserved] § 95.343 Station operator responsibility and requirements. Each Personal Radio Services station must have an operator whenever the station is transmitting. The operator of a Personal Radio Services station is responsible for proper operation of the station in compliance with all applicable rules in this part. ( a ) Unless the station is operating under automatic control, the operator of a Personal Radio Services station must be located at a control point and monitoring communications while the station is transmitting. ( b ) For Personal Radio Services stations operating under the authority of an individual license, the licensee is responsible for proper operation of the station in compliance with all applicable rules in this part, regardless of who is operating the station. ( c ) For Personal Radio Services stations operating under the authority of an individual license, the licensee must maintain station records. If no individual license is required for a particular Personal Radio Service, the station operator must maintain the station records. Station records include copies of any FCC violation notices or other FCC letters received by the licensee or operator, any responses to such letters, each written permission received from the FCC, and other documents as the FCC may require be included. § 95.345 Remote control. Operation of Personal Radio Services stations by remote control is prohibited, unless otherwise allowed for a particular Personal Radio Service by rules in the subpart governing that specific service. See e.g., §§ 95.945 and 95.1745 . § 95.347 Automatic control. Operation of Personal Radio Services stations under automatic control is prohibited, unless otherwise allowed for a particular Personal Radio Service by rules in the subpart governing that specific service. See, e.g., §§ 95.1747 , 95.2347 , 95.2547 , 95.3347 . [ 82 FR 43871 , Sept. 20, 2017] § 95.349 Network connection. Operation of Personal Radio Services stations connected with the public switched network is prohibited, unless otherwise allowed for a particular Personal Radio Service by rules in the subpart governing that specific service. See e.g., §§ 95.949 and 95.2749 . § 95.351 Station identification. Operators of Personal Radio Services stations are not required to transmit any form of station identification, unless otherwise required for a Personal Radio Service by rules in the subpart governing that specific service. See e.g., § 95.1751 . § 95.353 False distress signals. No person shall transmit or cause to be transmitted by a Personal Radio Services station any false or fraudulent signals of distress, or communication relating thereto. See section 325(a) of the Communications Act ( 47 U.S.C. 325(a) ). § 95.355 [Reserved] § 95.357 Duration of transmissions. Except as otherwise provided, the operator of a Personal Radio Services station must generally limit transmissions to the minimum duration necessary. See e.g., § 95.2357 . Some Personal Radio Services have specific duration limits, which are set forth in the subparts governing those services. See e.g., § 95.957 . § 95.359 Sharing of channels. Unless otherwise provided in the subparts governing the individual services, all channels designated for use in the Personal Radio Services are available for use on a shared basis, and are not assigned by the FCC for the exclusive use of any person or station. Operators of Personal Radio Service stations must cooperate in the selection and use of channels in order to avoid interference and make efficient use of these shared channels. § 95.361 Transmitter Certification. ( a ) Unless otherwise provided in the subpart governing that service or in other parts of this chapter, each transmitter that operates or is intended to operate in a service of the Personal Radio Service must be certified in accordance with the governing sub part and part 2 of this Chapter . ( b ) A copy of the instruction manual specified in § 95.393 must be forwarded to the FCC with each request for certification of the relevant transmitter. If a final copy of that manual is not available when the certification application is submitted, the applicant may include with its application a draft or preliminary copy provided it forwards a final copy to the FCC when such a copy becomes available. ( c ) Equipment certification will not be issued for transmitter types where any control, switch or other type of adjustment—which, when manipulated, can result in a violation of the rules—is accessible to the user. § 95.363 Channels available for use. Operators of Personal Radio Stations may transmit only on the channels or frequency bands designated for the specific Personal Radio Service being used, as listed in the individual subpart governing that service. Transmissions on any channel or frequency not designated for the service being used constitutes a violation of section 301 of the Communications Act ( 47 U.S.C. 301 ). § 95.365 [Reserved] § 95.367 Transmitting power. For transmission of emergency messages, where operators of Personal Radio Services stations have the ability to select transmitting power levels, the highest transmitting power available may be used. In all other circumstances, the minimum amount of transmitting power necessary to carry out the desired communications must be used. See section 324 of the Communications Act ( 47 U.S.C. 324 ). § 95.369 [Reserved] § 95.371 Emission types. In general, Personal Radio Services stations may transmit any emission type that is appropriate for the permissible uses of the specific service, provided that it does not exceed the authorized bandwidth for that service and is in full compliance with the modulation limits (if any) and unwanted emission limits for the specific service. ( a ) Exceptions. In some of the Personal Radio Services, stations may transmit only certain specific emission types. Any such limits are set forth in the emission types rule in the subpart governing that service. See e.g., §§ 95.971 and 95.2971 . ( b ) Emission type designators. Emission type designators are defined in § 2.201 of this chapter . Designators for emissions commonly used in the Personal Radio Services are as follows: Description Designator Voice, AM A3E Voice, SSB J3E Voice, FM F3E Voice, PM G3E Data, FSK F1D Data, AFSK F2D Data, PSK G1D Test, no modulation N0N § 95.377 Tones and signals. Personal Radio Service stations that transmit voice emissions may also transmit audible or subaudible tones or other signals for the purpose of selective calling and/or receiver squelch activation. These tones and signals are ancillary to voice communications and are considered to be included within the voice emission types, e.g., A3E, F3E, and G3E. ( a ) Tones that are audible (having a frequency higher than 300 Hertz), must last no longer than 15 seconds at one time. ( b ) Tones that are subaudible (having a frequency of 300 Hertz or less), may be transmitted continuously during a communication session. § 95.381 Voice obscuring features. A grant of equipment certification will not be issued for any transmitter type that incorporates one or more voice scrambling or other obscuring features for any of the Personal Radio Services that provide for voice (telephony) communications on shared channels ( see § 95.359 ), if the application for such grant is filed on or after December 27, 2017. § 95.385 RF exposure evaluation. ( a ) Personal Radio Services devices are subject to the radio frequency radiation exposure requirements specified in §§ 1.1307(b) , 2.1091 and 2.1093 of this chapter , as appropriate. ( b ) FCC certification ( see § 95.335 ) of transmitter types that are “portable devices,” as defined in § 2.1093(b) of this chapter , and are designed to operate in certain Personal Radio Services, is subject to rules requiring radiofrequency radiation exposure routine evaluation pursuant to §§ 1.1307(b) and 2.1093 of this chapter . See §§ 95.2385 and 95.2585 . § 95.391 Manufacturing, importation, and sales of non-certified equipment prohibited. No person shall manufacture, import, sell, or offer for sale non-certified equipment for the Personal Radio Services except as provided for in §§ 2.803(c)(2)(i) and 2.1204(a)(11) of this chapter . See § 302(b) of the Communications Act ( 47 U.S.C. 302a(b) ). See also part 2, subpart I ( § 2.801 et seq. ) of this chapter for rules governing marketing of radiofrequency devices; part 2, subpart K ( § 2.1201 et seq. ) of this chapter for rules governing import conditions. [ 86 FR 52100 , Sept. 20, 2021] § 95.393 Instructions and warnings. ( a ) A user's instruction manual must be supplied with each transmitter that can be used in a Personal Radio Service. ( b ) The manual described in paragraph (a) of this section must contain all information necessary for the proper installation and operation of the transmitter including: ( 1 ) Instructions concerning all controls, adjustments and switches that may be operated or adjusted without resulting in a violation of FCC rules; ( 2 ) Warnings concerning any adjustment that could result in a violation of FCC rules or that is recommended to be performed only by or under the immediate supervision and responsibility of a person certified as technically qualified to perform transmitter maintenance and repair duties in the relevant radio service by an organization or committee representative of users of that service; ( 3 ) Warnings concerning the replacement of any transmitter component (crystal, semiconductor, etc.) that could result in a violation of FCC rules; and ( 4 ) For a transmitter that can only be operated with an FCC license, warnings concerning compliance with applicable licensing requirements and information concerning license application procedures. §§ 95.395-95.499 [Reserved] Subpart B—Family Radio Service (FRS) § 95.501 Scope. This subpart contains rules that apply only to the Family Radio Service (FRS). § 95.503 Definitions, FRS. Family Radio Service (FRS). A short-distance two-way voice communication service, with limited data applications, between low power hand-held radios, for facilitating individual, family, group, recreational and business activities. FRS unit. A transceiver for use in the FRS. §§ 95.505-95.517 [Reserved] § 95.519 FRS replacement parts. The operator of a FRS unit may replace the batteries in the FRS unit with batteries of a type specified by the manufacturer. All other internal maintenance and repairs must be carried out in accordance with § 95.319 . §§ 95.521-95.529 [Reserved] § 95.531 Permissible FRS uses. FRS units are primarily used for short-distance two-way voice communications between individuals. ( a ) Digital data. In addition to voice conversations, FRS units may transmit digital data containing location information, or requesting location information from one or more other FRS or GMRS units, or containing a brief text message to another specific GMRS or FRS unit. Digital data transmissions may be initiated by a manual action of the operator or on an automatic or periodic basis, and a FRS unit receiving an interrogation request may automatically respond with its location. See also § 95.587(c) . ( b ) One-way communications. FRS units may be used for one-way communications that are emergency messages, traveler assistance communications, voice pages or brief equipment tests. ( c ) GMRS stations. FRS units normally communicate with other FRS units, but may also be used to communicate with General Mobile Radio Service (GMRS) stations. [ 82 FR 41104 , Aug. 29, 2017, as amended at 86 FR 53564 , Sept. 28, 2021] § 95.533 Prohibited FRS uses. FRS units must not be used for one-way communications other than those listed in § 95.531(b) . Initial transmissions to establish two-way communications and data transmissions listed in § 95.531(a) are not considered to be one-way communications for the purposes of this section. §§ 95.535-95.559 [Reserved] § 95.561 FRS transmitter certification. ( a ) Each FRS unit (a transmitter that operates or is intended to operate in the FRS) must be certficated for use in the FRS in accordance with this subpart and subpart J of part 2 of this chapter . ( b ) A grant of equipment certification for the FRS will not be issued for any FRS transmitter type that fails to comply with all of the applicable rules in this subpart. ( c ) A grant of equipment certification will not be issued for hand-held portable radio units capable of operating under both this subpart (FRS) and under any other subparts of this chapter (except part 15) if the application for such grant is filed on or after December 27, 2017. § 95.563 FRS channels. The FRS is allotted 22 channels, each having a channel bandwidth of 12.5 kHz. All of the FRS channels are also allotted to the General Mobile Radio Service (GMRS) on a shared basis. The FRS channel center frequencies are set forth in the following table: Channel No. Center frequency (MHz) 1 462.5625 2 462.5875 3 462.6125 4 462.6375 5 462.6625 6 462.6875 7 462.7125 8 467.5625 9 467.5875 10 467.6125 11 467.6375 12 467.6625 13 467.6875 14 467.7125 15 462.5500 16 462.5750 17 462.6000 18 462.6250 19 462.6500 20 462.6750 21 462.7000 22 462.7250 § 95.565 FRS frequency accuracy. Each FRS transmitter type must be designed such that the carrier frequencies remain within ±2.5 parts-per-million of the channel center frequencies specified in § 95.563 during normal operating conditions. § 95.567 FRS transmit power. Each FRS transmitter type must be designed such that the effective radiated power (ERP) on channels 8 through 14 does not exceed 0.5 Watts and the ERP on channels 1 through 7 and 15 through 22 does not exceed 2.0 Watts. § 95.569 [Reserved] § 95.571 FRS emission types. Each FRS transmitter type must be designed such that it can transmit only the following emission types: F3E, G3E, F2D, and G2D. § 95.573 FRS authorized bandwidth. Each FRS transmitter type must be designed such that the occupied bandwidth does not exceed 12.5 kHz. § 95.575 FRS modulation limits. Each FRS transmitter type must be designed such that the peak frequency deviation does not exceed 2.5 kHz, and the highest audio frequency contributing substantially to modulation must not exceed 3.125 kHz. § 95.577 FRS tone requirements. In addition to the tones permitted under § 95.377 , FRS transmitter types may be designed to transmit brief tones to indicate the end of a transmission. § 95.579 FRS unwanted emissions limits. Each FRS transmitter type must be designed to satisfy the applicable unwanted emissions limits in this paragraph. ( a ) Attenuation requirements. The power of unwanted emissions must be attenuated below the carrier power output in Watts (P) by at least: ( 1 ) 25 dB (decibels) in the frequency band 6.25 kHz to 12.5 kHz removed from the channel center frequency. ( 2 ) 35 dB in the frequency band 12.5 kHz to 31.25 kHz removed from the channel center frequency. ( 3 ) 43 + 10 log (P) dB in any frequency band removed from the channel center frequency by more than 31.25 kHz. ( b ) Measurement bandwidths. The power of unwanted emissions in the frequency bands specified in paragraphs (a)(1) and (2) of this section is measured with a reference bandwidth of 300 Hz. The power of unwanted emissions in the frequency range specified in paragraph (a)(3) is measured with a reference bandwidth of at least 30 kHz. ( c ) Measurement conditions. The requirements in this section apply to each FRS transmitter type both with and without the connection of permitted attachments, such as an external speaker, microphone and/or power cord. §§ 95.581-95.585 [Reserved] § 95.587 FRS additional requirements. Each FRS transmitter type must be designed to meet the following additional requirements. ( a ) Transmit frequency capability. FRS transmitter types must not be capable of transmitting on any frequency or channel other than those listed in § 95.563 . ( b ) Antenna. The antenna of each FRS transmitter type must meet the following requirements. ( 1 ) The antenna must be a non-removable integral part of the FRS transmitter type. ( 2 ) The gain of the antenna must not exceed that of a half-wave dipole antenna. ( 3 ) The antenna must be designed such that the electric field of the emitted waves is vertically polarized when the unit is operated in the normal orientation. ( c ) Digital data transmissions. FRS transmitter types having the capability to transmit digital data must be designed to meet the following requirements. ( 1 ) FRS units may transmit digital data containing location information, or requesting location information from one or more other FRS or GMRS units, or containing a brief text message to another specific FRS or GMRS unit or units. ( 2 ) Digital data transmissions may be initiated by a manual action or command of the operator or on an automatic or periodic basis, and FRS units may be designed to automatically respond with location data upon receiving an interrogation request from another ( 3 ) Digital data transmissions must not exceed one second in duration. ( 4 ) Digital data transmissions must not be sent more frequently than one digital data transmission within a thirty-second period, except that an FRS unit may automatically respond to more than one interrogation request received within a thirty-second period. ( d ) Packet mode. FRS transmitter types must not be capable of transmitting data in the store-and-forward packet operation mode. ( e ) Effective September 30, 2019, no person shall manufacture or import hand-held portable radio equipment capable of operating under this subpart (FRS) and other licensed or licensed-by-rule services in this chapter (part 15 unlicensed equipment authorizations are permitted if consistent with part 15 rules). [ 82 FR 41104 , Aug. 29, 2017, as amended at 86 FR 53565 , Sept. 28, 2021] § 95.589 [Reserved] § 95.591 Sales of FRS combination radios prohibited. Effective September 30, 2019, no person shall sell or offer for sale hand-held portable radio equipment capable of operating under this subpart (FRS) and under any other licensed or licensed-by-rule radio services in this chapter (devices may be authorized under this subpart with part 15 unlicensed equipment authorizations). §§ 95.593-95.699 [Reserved] Subpart C—Radio Control Radio Service § 95.701 Scope. This subpart contains rules that apply only to the Radio Control Radio Service (RCRS). § 95.703 Definitions, RCRS. Model aircraft. A small imitation of an aircraft, such as an airplane or a helicopter. Model surface craft. A small imitation of a boat, car, or other type of vehicle for carrying people or objects, other than an aircraft. Radio Control Radio Service ( RCRS). A non-commercial short-distance radio service for wirelessly controlling the operation of devices, including, but not limited to, model vehicles such as aircraft and surface craft. RCRS transmitter. A transmitter that is used or intended to be used in the RCRS. §§ 95.705-95.717 [Reserved] § 95.719 RCRS replacement parts. The operator of an RCRS transmitter may replace parts of an RCRS transmitter as indicated in this section. All other internal maintenance and repairs must be carried out in accordance with § 95.319 . ( a ) A damaged antenna may be replaced by another antenna of the same or a compatible similar type. ( b ) Batteries in the RCRS transmitter may be replaced with batteries of a type specified by the manufacturer. ( c ) To change plug-in modules which were certified as part of the RCRS transmitter. §§ 95.721-95.723 [Reserved] § 95.725 Interference, RCRS. RCRS operations must not cause interference to, and must accept interference from, certain other radio service operations, as follows: ( a ) RCRS stations must not cause interference to: ( 1 ) Authorized radio operations in the 72-76 MHz band, including radio remote control of industrial equipment on the same or adjacent channels; or, ( 2 ) Broadcast television reception on TV Channels 4 or 5. ( b ) RCRS operations are not afforded protection from interference caused by the operation of: ( 1 ) Industrial, scientific or medical devices ( see part 18 of this chapter ) operating in the 26-28 MHz band; and, ( 2 ) Fixed and mobile stations in other services operating on the same or adjacent channels. §§ 95.727-95.729 [Reserved] § 95.731 Permissible RCRS use. RCRS transmitters may only be used to transmit one-way communications and only for the purposes set forth in this section. (One-way communications are transmissions which are not intended to establish communications with another station.) ( a ) Control of model crafts and devices. When an RCRS transmitter is used to control a model craft or device, the RCRS channels in specific frequency bands must be used, based on the type of model craft or device being controlled, as follows: ( 1 ) RCRS channels in the 72 MHz frequency band may be used only to control and operate model aircraft. ( 2 ) RCRS channels in the 75 MHz frequency band may be used only to control and operate model surface craft. ( 3 ) RCRS channels in the 26-28 MHz frequency band may be used to control or operate any kind of device. ( b ) Telecommand. Any RCRS channel may be used by the operator to turn on and/or off a device at a remote location. ( c ) Telemetry. Any RCRS channel in the 26-28 MHz frequency band may be used to transmit a signal from a sensor at a remote location that turns on and/or off an indicating device for the operator. § 95.733 Prohibited RCRS use. The rules in this section restrict certain uses of RCRS transmitters. ( a ) Simultaneous use of multiple channels. An RCRS station must not transmit simultaneously on more than one RCRS channel in the 72-76 MHz band when such operation would cause harmful interference to other RCRS operations. ( b ) Data transmission. No person shall use a RCRS transmitter to transmit data. Tones or other types of signal encoding are not considered to be data for the purposes of this paragraph, when used only for the purpose of identifying the specific device among multiple devices that the operator intends to turn on/off or the specific sensor among multiple sensors intended to turn on/off an indicating device for the operator. ( c ) Pay for operation prohibited. RCRS stations must not be used for commercial purposes. An RCRS operator must not accept direct or indirect payment for operating an RCRS transmitter. An RCRS operator may use an RCRS transmitter to help him or her provide a service and be paid for rendering that service, provided that the payment is only for the service and not for operation of the RCRS transmitter. ( d ) Limited transmission. No person shall use an RCRS station to transmit any message other than for the operation of devices at remote locations. Accordingly, the transmission of other messages by an RCRS operator, such as voice, telegraphy, etc. is prohibited. § 95.735 RCRS equipment certification exception. Notwithstanding the general requirement of § 95.335 , a non-certified RCRS transmitter that transmits only in the 26-28 MHz band and complies with the applicable technical requirements in this subpart may be operated in the RCRS for the purpose of controlling a remote device. §§ 95.737-95.739 [Reserved] § 95.741 RCRS antenna height limit. If the antenna of a RCRS station operating on a channel in the 26-28 MHz frequency band (whether receiving, transmitting) is installed at a fixed location, the highest point of the antenna must not be more than 6.10 meters (20 feet) higher than the highest point of the building or tree on which it is mounted; or 18.3 meters (60 feet) above the ground. RCRS station antennas must also meet the requirements in § 95.317 regarding menaces to air navigation. See 47 CFR 95.317 and consult part 17 of the FCC's Rules for more information ( 47 CFR part 17 ). § 95.743 [Reserved] § 95.745 Operation of an RCRS transmitter by remote control. This section sets forth the conditions under which an RCRS station may be operated by remote control, pursuant to the exception in § 95.345 . ( a ) Wireless remote control. No person shall operate a RCRS station by wireless remote control. ( b ) Wired remote control. Before operating an RCRS station by wired remote control, the operator must obtain specific approval from the FCC. To obtain FCC approval, the operator must explain why wired remote control is needed. §§ 95.747-95.755 [Reserved] § 95.757 Duration of RCRS Communications. Communications on RCRS channels shall be limited to the minimum practicable time that is necessary. § 95.759 [Reserved] § 95.761 RCRS transmitter certification. ( a ) Except as provided in § 95.735 , each RCRS transmitter (a transmitter that operates or is intended to operate as a station in the RCRS) must be certified in accordance with this sub part and part 2 of this chapter . ( b ) A grant of equipment certification for the RCRS will not be issued for any RCRS transmitter type that fails to comply with all of the applicable rules in this subpart. § 95.763 RCRS channel frequencies. The channels listed in this section are allotted for shared use in the RCRS. Each RCRS channel is designated by its center frequency in megahertz. ( a ) 26-28 MHz frequency band. The 26-28 MHz RCRS channel center frequencies are 26.995, 27.045, 27.095, 27.145, 27.195 and 27.255 MHz. ( b ) 72 MHz frequency band. The 72 MHz RCRS channel center frequencies are 72.01, 72.03, 72.05, 72.07, 72.09, 72.11, 72.13, 72.15, 72.17, 72.19, 72.21, 72.23, 72.25, 72.27, 72.29, 72.31, 72.33, 72.35, 72.37, 72.39, 72.41, 72.43, 72.45, 72.47, 72.49, 72.51, 72.53, 72.55, 72.57, 72.59, 72.61, 72.63, 72.65, 72.67, 72.69, 72.71, 72.73, 72.75, 72.77, 72.79, 72.81, 72.83, 72.85, 72.87, 72.89, 72.91, 72.93, 72.95, 72.97, and 72.99 MHz. ( c ) 75 MHz frequency band. The 75 MHz RCRS channel center frequencies are 75.41, 75.43, 75.45, 75.47, 75.49, 75.51, 75.53, 75.55, 75.57, 75.59, 75.61, 75.63, 75.65, 75.67, 75.69, 75.71, 75.73, 75.75, 75.77, 75.79, 75.81, 75.83, 75.85, 75.87, 75.89, 75.91, 75.93, 75.95, 75.97, and 75.99 MHz. § 95.765 RCRS frequency accuracy. Each RCRS transmitter type must be designed to satisfy the frequency accuracy requirements in this section. ( a ) Each RCRS transmitter type capable of transmitting on channels in the 72 or 75 MHz frequency band must be designed such that the carrier frequencies remain within ±20 parts-per-million (ppm) of the channel center frequencies listed in § 95.763(b) and (c) during normal operating conditions. ( b ) Except as allowed under paragraph (c) of this section, each RCRS transmitter type capable of transmitting in the 26-28 MHz frequency band must be designed such that the carrier frequencies remain within ±50 ppm of the channel center frequencies listed in § 95.763(a) during normal operating conditions. ( c ) Each RCRS transmitter type that transmits in the 26-28 MHz frequency band with a mean transmitter power of 2.5 W or less and is used solely by the operator to turn on and/or off a device at a remote location, other than a device used solely to attract attention, must be designed such that the carrier frequencies remain within ±100 ppm of the channel center frequencies listed in § 95.763(a) during normal operating conditions. § 95.767 RCRS transmitter power. Each RCRS transmitter type must be designed such that the transmitter power does not exceed the limits in this section. ( a ) 72 and 75 MHz frequency bands. For an RCRS transmitter operating in the 72 and/or 75 MHz frequency bands, the mean transmitter output power must not exceed 0.75 Watts. ( b ) 26-28 MHz frequency band. For an RCRS transmitter operating on 27.255 MHz, the mean transmitter output power must not exceed 25 Watts. For an RCRS transmitter operating on 26.995, 27.045, 27.095, 27.145, or 27.195 MHz, the mean transmitter output power must not exceed 4 Watts. § 95.769 [Reserved] § 95.771 RCRS emission types. Each RCRS transmitter type must be designed to satisfy the emission limitations in this section. ( a ) Permitted emission types. RCRS transmitter types may transmit any type of non-voice emission that is technically appropriate for radio control use. ( b ) Voice emissions prohibited. RCRS transmitter types must be incapable of transmitting telephony (voice communications). § 95.773 RCRS authorized bandwidth. Each RCRS transmitter type must be designed such that the occupied bandwidth does not exceed 8 kHz for any emission type. §§ 95.775-95.777 [Reserved] § 95.779 RCRS unwanted emissions. Each RCRS transmitter type must be designed to satisfy the applicable unwanted emissions limits in this paragraph. ( a ) 26-28 MHz frequency band. For an RCRS transmitter operating in the 26-28 MHz frequency band, the power of unwanted emissions must be attenuated below the transmitter output power in Watts (P) by at least: ( 1 ) 25 dB (decibels) in the frequency band 4 kHz to 8 kHz removed from the channel center frequency; ( 2 ) 35 dB in the frequency band 8 kHz to 20 kHz removed from the channel center frequency; ( 3 ) 43 + 10 log (P) dB in any frequency band removed from the channel center frequency by more than 20 kHz. ( b ) 72 and 75 MHz frequency bands. For an RCRS transmitter operating in the 72 and/or 75 MHz frequency bands, the power of unwanted emissions must be attenuated below the transmitter output power in Watts (P) by at least: ( 1 ) 25 dB (decibels) in the frequency band 4 kHz to 8 kHz removed from the channel center frequency; ( 2 ) 45 dB in the frequency band 8 kHz to 10 kHz removed from the channel center frequency; ( 3 ) 55 dB in the frequency band 10 kHz to 20 kHz removed from the channel center frequency; and ( 4 ) 56 + 10 log (P) dB in any frequency band removed from the channel center frequency by more than 20 kHz. ( c ) Measurement bandwidths. The power of unwanted emissions in the frequency bands specified in paragraphs (a)(1) and (2) and (b)(1) through (3) of this section is measured with a reference bandwidth of 300 Hz. The power of unwanted emissions in the frequency ranges specified in paragraphs (a)(3) and (b)(4) of this section is measured with a reference bandwidth of at least 30 kHz. §§ 95.781-95.785 [Reserved] § 95.787 RCRS additional requirements. Each RCRS transmitter type must be designed to satisfy all of the following additional requirements: ( a ) The antenna of an RCRS station transmitting in the 72 and/or 75 MHz frequency bands must meet the following requirements: ( 1 ) The antenna must be an integral part of the transmitter; ( 2 ) The gain of the antenna must not exceed that of a half-wave dipole; and ( 3 ) The antenna must be designed such that the electric field of the emitted radio waves is vertically polarized when the transmitter is held in the normal orientation. ( b ) Each RCRS transmitter type must be designed to transmit only on one or more of the channels listed in § 95.763 . ( c ) For RCRS transmitter types incorporating plug-in frequency-determining modules that are intended to be changed by the operator, the modules must be submitted for certification together with the transmitter type. Each module must contain all of the frequency determining circuitry including the oscillator. Plug-in crystals are not considered modules and must not be accessible to the user. §§ 95.789-95.899 [Reserved] Subpart D—CB Radio Service § 95.901 Scope. This subpart contains rules that apply only to the CB Radio Service. § 95.903 Definitions, CBRS. CB Radio Service (CBRS). A mobile and fixed two-way voice communication service for facilitating personal, business or voluntary public service activities, including communications to provide assistance to highway travelers. CBRS station. Any transmitter, with or without an incorporated antenna or receiver, which is certified by the FCC to be operated in the CBRS. Conversation. An exchange of transmissions between two CBRS stations. Wireless remote control. Operation of a CBRS station from a remote location using a wireless link. § 95.905 Authority to operate CBRS stations voided by violation of operating rules. A person's authorization to operate a CBRS station without an individual license pursuant to § 95.305 is voided if that person violates any of the operating rules in this subpart, this part, or other parts of this chapter. §§ 95.907-95.917 [Reserved] § 95.919 CBRS replacement parts. The operator of a CBRS transmitter may replace parts of the CBRS transmitter as stated in this section. All other internal maintenance and repairs must be carried out in accordance with § 95.319 . ( a ) A damaged antenna on a hand-held portable CBRS transmitter may be replaced by another antenna of the same or a compatible similar type. ( b ) Batteries in a hand-held portable CBRS transmitter may be replaced with batteries of a type specified by the manufacturer. ( c ) A detachable external microphone may be replaced with any external microphone that does not alter the modulation characteristics in a way that results in a violation of §§ 95.967 , 95.973 , 95.975 or 95.979 . ( d ) Changing plug-in modules which were certified as part of the CBRS transmitter. § 95.921 [Reserved] § 95.923 CBRS station inspection. If an authorized FCC representative requests to inspect a CBRS station, the operator must make the station and any station records available for inspection. ( a ) A CBRS station includes all of the equipment used in connection with that station. ( b ) Station records include the following documents, as applicable: ( 1 ) A copy of each response to an FCC violation notice or an FCC letter. ( 2 ) Each written permission received from the FCC. § 95.925 CBRS harmful interference. If harmonic or other spurious emissions result in harmful interference, the FCC may require appropriate technical changes in the CBRS station equipment to alleviate the interference, including the use of a low pass filter between the transmitter antenna terminals and the antenna feed line. § 95.927 CBRS quiet hours. If a CBRS station causes harmful interference to broadcast or communications services received by the public, and such harmful interference can not be eliminated by technical means ( i.e., filters), the FCC may, by written notice to the CBRS station operator, impose limits on the hours of operation of the CBRS station. § 95.929 [Reserved] § 95.931 Permissible CBRS uses. The operator of a CBRS station may use that station to transmit two-way plain language voice communications to other CBRS stations and to other stations that are authorized to transmit on CBRS frequencies. ( a ) Emergency communications. Any CBRS channel may be used for emergency communications or for traveler assistance. ( 1 ) Operators of CBRS stations must, at all times and on all channels, give priority to emergency communications. ( 2 ) CBRS Channel 9 may be used only for emergency communications or traveler assistance. It must not be used for any other purpose. ( b ) One-way communications. The operator of a CBRS station may use that station to transmit one-way communications for the following purposes: ( 1 ) To call for help or transmit other emergency communications; ( 2 ) To provide warnings of hazardous road conditions to travelers; ( 3 ) To make brief test transmissions (“radio checks”); or, ( 4 ) To transmit voice paging. ( c ) Travelers assistance communications. The operator of a CBRS station may transmit communications necessary to assist a traveler to reach a destination or to receive necessary services. § 95.933 Prohibited CBRS uses. In addition to the prohibited uses set forth in § 95.333 , the operator of a CBRS station must not use a CBRS station: ( a ) To transmit one-way communications other than those permitted in § 95.931(b) (transmissions to seek to initiate two-way communications with another station are not considered to be one-way communications); ( b ) To advertise or solicit the sale of any goods or services; ( c ) To advertise a political candidate or political campaign (a CBRS station may be used for the business or organizational aspects of a campaign); ( d ) To communicate with stations in other countries, except General Radio Service stations in Canada; ( e ) To transmit communications for live or delayed broadcast on a radio or television broadcast station (a CBRS station may be used to gather news items or to prepare programs); ( f ) To transmit music, whistling, sound effects or any other audio material to amuse or entertain; or ( g ) To transmit any sound effects solely to attract attention. § 95.935 Unauthorized use of non-CBRS transmitters. The operator of a CBRS station must not use a non-CBRS transmitter to communicate with or attempt to communicate with stations in the CBRS. ( a ) Non-CBRS transmitters. For the purposes of this section, “non-CBRS transmitters” are transmitters that are technically capable of operation in the 26-30 MHz frequency range, but are intended for use in the Amateur Radio Service ( see part 97 of this chapter ) or other government or non-government radio services, and are not certified for use in the CBRS. ( b ) Unlicensed operation. The operation of non-CBRS transmitters on the CBRS channels is not authorized by § 95.305 of this part . Accordingly, the FCC considers any such operation to be a violation of section 301 of the Communications Act ( 47 U.S.C. 301 ). § 95.937 [Reserved] § 95.939 External radio frequency power amplifiers prohibited. The operator of a CBRS station must not use an external radio frequency power amplifier to increase the transmitting power of that CBRS station under any circumstances. There are no exceptions to this rule. ( a ) The FCC will presume that the operator of a CBRS station has used an external radio frequency power amplifier in violation of this section if it is in the operator's possession or on the operator's premises and there is other evidence that the CBRS station has been operated with more transmitting power than allowed by § 95.967 . ( b ) The operator of a CBRS station must not attach an external radio frequency power amplifier to a certified CBRS transmitter. § 95.941 CBRS antenna height limits. The operator of a CBRS station must ensure that the transmitting antenna for the station is not higher than 18.3 meters (60 feet) above the ground, or 6.1 meters (20 feet) higher than the highest point of the building or tree on which it is mounted, whichever is higher. CBRS station antennas must also meet the requirements in § 95.317 regarding menaces to air navigation. See § 95.317 and consult part 17 of the FCC's Rules for more information. § 95.943 [Reserved] § 95.945 Remote control of a CBRS station. This section sets forth the conditions under which a CBRS station may be operated by remote control, pursuant to the exception in § 95.345 . Operation of a CBRS station using a hands-free or other type of cordless microphone or headset authorized under part 15 is not considered to be remote control. ( a ) Wireless remote control. No person shall operate a CBRS station by wireless remote control. ( b ) Wired remote control. Before operating an CBRS station by wired remote control, the operator must obtain specific approval from the FCC. To obtain FCC approval, the operator must explain why wired remote control is needed. See § 95.329 regarding contacting the FCC. § 95.947 [Reserved] § 95.949 CBRS network connection. A CBRS station may be connected, acoustically or electrically, to the public switched network, subject to the rules in this section. The purpose of this is to allow operators of other CBRS stations to speak to and hear individuals on the telephone through the connected CBRS station. ( a ) The operator of the connected CBRS station must: ( 1 ) Manually make the connection; ( 2 ) Continue to control the station while it is connected; ( 3 ) Listen to each conversation during the connection; and ( 4 ) Stop transmissions immediately if any violation of the CBRS rules occurs. ( b ) If a CBRS station is directly (electrically) connected to the public switched network, the connection, including the interface device used, must be in full compliance with all applicable rules in part 68 of this chapter . § 95.957 Duration of CBRS Transmissions. ( a ) Except as specified in (b) and (c) of this section, the operator of a CBRS station must limit each on-air conversation with the operators of other CBRS stations to no more than five minutes. After an on-air conversation has ended, the operator of a CBRS station must not transmit again on the same channel for at least one minute. ( b ) When a CBRS operator is directly participating in emergency communications, it does not have to comply with paragraph (a) of this section regarding length of transmissions and pauses between transmissions. However, the operator must obey all other rules. ( c ) When an operator is using its CBRS station to assist a traveler, it does not have to comply with paragraph (a) of this section regarding length of transmissions and pauses between transmissions. However, the operator must obey all other rules. § 95.959 [Reserved] § 95.961 CBRS transmitter certification. ( a ) Each CBRS transmitter (a transmitter that operates or is intended to operate at a station in the CBRS) must be certified in accordance with this sub part and part 2 of this chapter . ( b ) A grant of equipment certification for the CBRS will not be issued for any CBRS transmitter type that fails to comply with all of the applicable rules in this subpart. § 95.963 CBRS channel frequencies. The channels listed in this section are allotted for shared use in the CBRS. Each CBRS channel is designated by its center frequency in Megahertz (MHz). CBRS channel No. Center frequency (MHz) 1 26.965 2 26.975 3 26.985 4 27.005 5 27.015 6 27.025 7 27.035 8 27.055 9 27.065 10 27.075 11 27.085 12 27.105 13 27.115 14 27.125 15 27.135 16 27.155 17 27.165 18 27.175 19 27.185 20 27.205 21 27.215 22 27.225 23 27.255 24 27.235 25 27.245 26 27.265 27 27.275 28 27.285 29 27.295 30 27.305 31 27.315 32 27.325 33 27.335 34 27.345 35 27.355 36 27.365 37 27.375 38 27.385 39 27.395 40 27.405 § 95.965 CBRS transmit frequency accuracy. Each CBRS transmitter type must be designed such that the transmit carrier frequency (or in the case of SSB transmissions, the reference frequency) remains within 50 parts-per-million of the channel center frequencies specified in § 95.963 under all normal operating conditions. § 95.967 CBRS transmitter power limits. Each CBRS transmitter type must be designed such that the transmitter power can not exceed the following limits: ( a ) When transmitting amplitude modulated (AM) voice signals or frequency modulated (FM) voice signals, the mean carrier power must not exceed 4 Watts. ( b ) When transmitting single sideband (SSB) voice signals, the peak envelope power must not exceed 12 Watts. [ 82 FR 41104 , Aug. 29, 2017, as amended at 86 FR 53565 , Sept. 28, 2021] § 95.971 CBRS emission types. Each CBRS transmitter type must be designed such that its capabilities are in compliance with the emission type rules in this section. ( a ) Permitted emission types. CBRS transmitter types must transmit AM voice emission type A3E or SSB voice emission types J3E, R3E or H3E, and may also transmit FM voice emission type F3E. ( b ) SSB requirements. Each CBRS transmitter type that transmits emission type J3E, R3E, or H3E must be capable of transmitting only the upper sideband with suppressed, reduced or full carrier, respectively, but may additionally be capable of transmitting only the lower sideband, with suppressed, reduced or full carrier, respectively. [ 82 FR 41104 , Aug. 29, 2017, as amended at 86 FR 53565 , Sept. 28, 2021] § 95.973 CBRS authorized bandwidth. Each CBRS transmitter type must be designed such that the occupied bandwidth does not exceed the authorized bandwidth for the emission type under test. ( a ) AM and FM. The authorized bandwidth for emission types A3E and F3E is 8 kHz. ( b ) SSB. The authorized bandwidth for emission types J3E, R3E, and H3E is 4 kHz. [ 82 FR 41104 , Aug. 29, 2017, as amended at 86 FR 53565 , Sept. 28, 2021] § 95.975 CBRS modulation limits. Each CBRS transmitter type must be designed such that the modulation characteristics are in compliance with the rules in this section. ( a ) When emission type A3E is transmitted with voice modulation, the modulation percentage must be at least 85%, but not more than 100%. ( b ) When emission type A3E is transmitted by a CBRS transmitter having a transmitter output power of more than 2.5 W, the transmitter must contain a circuit that automatically prevents the modulation percentage from exceeding 100%. ( c ) When emission type F3E is transmitted the peak frequency deviation shall not exceed ±2 kHz. [ 82 FR 41104 , Aug. 29, 2017, as amended at 86 FR 53565 , Sept. 28, 2021] § 95.977 CBRS tone transmissions. In addition to the tones permitted under § 95.377 , CBRS transmitter types may be designed to transmit brief tones to indicate the beginning or end of a transmission. § 95.979 CBRS unwanted emissions limits. Each CBRS transmitter type must be designed to comply with the applicable unwanted emissions limits in this section. ( a ) Attenuation requirements. The power of unwanted emissions must be attenuated below the transmitter output power in Watts (P) as specified in the applicable paragraphs listed in the following table: Emission type Paragraph A3E, F3E (1), (3), (5), (6) H3E, J3E, R3E (2), (4), (5), (6) ( 1 ) 25 dB (decibels) in the frequency band 4 kHz to 8 kHz removed from the channel center frequency; ( 2 ) 25 dB in the frequency band 2 kHz to 6 kHz removed from the channel center frequency; ( 3 ) 35 dB in the frequency band 8 kHz to 20 kHz removed from the channel center frequency; ( 4 ) 35 dB in the frequency band 6 kHz to 10 kHz removed from the channel center frequency; ( 5 ) 53 + 10 log (P) dB in any frequency band removed from the channel center frequency by more than 250% of the authorized bandwidth. ( 6 ) 60 dB in any frequency band centered on a harmonic ( i.e., an integer multiple of two or more times) of the carrier frequency. ( b ) Measurement bandwidths. The power of unwanted emissions in the frequency bands specified in paragraphs (a)(1) through (4) of this section is measured with a reference bandwidth of 300 Hz. The power of unwanted emissions in the frequency ranges specified in paragraphs (a)(5) and (6) of this section is measured with a reference bandwidth of at least 30 kHz. ( c ) Measurement conditions and procedures. Subject to additional measurement standards and procedures established pursuant to part 2, subpart J, the following conditions and procedures must be used. ( 1 ) The unwanted emissions limits requirements in this section must be met both with and without the connection of permitted attachments, such as external speakers, microphones, power cords and/or antennas. ( 2 ) Either mean power output or peak envelope power output may be used for measurements, as appropriate for the emission type under test, provided that the same type of power measurement is used for both the transmitter output power and the power of the unwanted emissions. [ 82 FR 41104 , Aug. 29, 2017, as amended at 86 FR 53565 , Sept. 28, 2021] §§ 95.981-95.985 [Reserved] § 95.987 CBRS additional requirements. Each CBRS transmitter type must be designed to satisfy all of the additional requirements in this section. ( a ) Transmit frequency capability. Each CBRS transmitter type must be designed to transmit only on one or more of the channels listed in § 95.963 . No CBRS transmitter type will be certified for use in the CBRS service if it is capable of transmitting on any frequency or channel other than those listed in § 95.963 , unless such transmitter type is also certified for use in another radio service for which the frequency capability is authorized and for which FCC certification is also required. ( b ) Frequency determining circuitry. All frequency determining circuitry (including crystals) and programming controls in each CBRS transmitter type must be internal to the transmitter and must not be accessible from the operating panel or from the exterior of the transmitter enclosure. ( c ) Final amplifier component ratings. The dissipation rating of all the semiconductors or electron tubes which supply RF power to the antenna terminals of each CB transmitter must not exceed 10 Watts. For semiconductors, the dissipation rating is the greater of the collector or device dissipation value established by the manufacturer of the semiconductor. These values may be temperature de-rated by no more than 50 °C. For an electron tube, the dissipation rating is the Intermittent Commercial and Amateur Service plate dissipation value established by the manufacturer of the electron tube. ( d ) External controls. Only the external transmitter controls, connections or devices listed in this paragraph are allowed to be incorporated in a CBRS transmitter type. The FCC, however, may authorize additional controls, connections or devices after considering the functions to be performed by such additions. ( 1 ) Primary power connection. External power supplies may be used. ( 2 ) Microphone connection. ( 3 ) Antenna connection. ( 4 ) Headphone and speaker output connections and related selector switch. ( 5 ) On-off switch for primary power to the transmitter. This switch may be combined with receiver controls such as the receiver on-off switch and volume control. ( 6 ) Upper/lower sideband selector switch (for a transmitter that is capable of transmitting SSB emissions). ( 7 ) Carrier level selector control (for a transmitter that is capable of transmitting SSB emissions). This control may be combined with the sideband selector switch. ( 8 ) Channel selector switch. ( 9 ) Transmit/receive selector switch. ( 10 ) Meter(s) and selector switch(es) for monitoring transmitter performance. ( 11 ) Pilot lamp(s), meter(s), light emitting diodes, liquid crystal devices or other types of visual display devices to indicate the presence of RF output power or that the transmitter control circuits are activated to transmit. § 95.989 [Reserved] § 95.991 CBRS marketing limitations. Marketing of devices that could be used with CBRS stations resulting in violation of the rules in this part is prohibited. ( a ) External radio frequency power amplifiers. No person shall manufacture, import, sell or offer for sale any external radio frequency power amplifier capable of operation below 144 MHz and intended for use in the CBRS. See § 2.815 of this chapter . ( b ) External frequency determining devices. No person shall manufacture, import, sell or offer for sale, any add-on device, whether internal or external, the function of which is to extend the transmitting frequency capability of a CBRS transmitter beyond that allowed by §§ 95.963 and 95.965 . §§ 95.993-95.1699 [Reserved] Subpart E—General Mobile Radio Service § 95.1701 Scope. This subpart contains rules that apply only to the General Mobile Radio Service (GMRS). § 95.1703 Definitions, GMRS. General Mobile Radio Service (GMRS). A mobile two-way voice communication service, with limited data applications, for facilitating activities of individual licensees and their family members, including, but not limited to, voluntary provision of assistance to the public during emergencies and natural disasters. Grandfathered GMRS license. A GMRS license held by a non-individual person ( i.e., a partnership, corporation, association or governmental unit) as a result of renewals of a GMRS license issued prior to July 31, 1987. § 95.1705 Individual licenses required; eligibility; who may operate; cooperative use. A valid individual license is required to operate a GMRS station. To obtain an individual license, an applicant must be eligible and follow the applicable rules and procedures set forth in this subpart and in part 1 of this chapter , and must pay the required application and regulatory fees as set forth in part 1, subpart G of this chapter . ( a ) Eligibility. This paragraph contains eligibility requirements for individual licenses in the GMRS. ( 1 ) Only an individual who is at least 18 years old and who meets the requirements of § 95.305 is eligible to obtain a new individual GMRS license. ( 2 ) Any person that holds a valid individual license is eligible to obtain a renewed license, or a modified license to reflect a change of name or address. ( b ) Individual licensee responsibility. The holder of an individual license to operate GMRS stations is responsible at all times for the proper operation of the stations in compliance with all applicable rules in this part. ( c ) Individuals who may operate a GMRS station. This paragraph establishes who may operate a GMRS station under the authority of an individual license. ( 1 ) Any individual who holds an individual license may operate his or her GMRS stations. ( 2 ) Any individual who holds an individual license may allow his or her immediate family members to operate his or her GMRS station or stations. Immediate family members are the licensee's spouse, children, grandchildren, stepchildren, parents, grandparents, stepparents, brothers, sisters, aunts, uncles, nieces, nephews, and in-laws. ( 3 ) Any individual who holds an individual license may allow anyone to operate his or her GMRS station if necessary to communicate an emergency message. ( 4 ) Any non-individual person that holds a grandfathered GMRS license may allow individuals to operate its grandfathered GMRS station(s) only in accordance with the following paragraphs: ( i ) A partnership may allow its partners and employees to operate its GMRS station(s). ( ii ) A corporation may allow its officers, directors, members and employees to operate its GMRS station(s). ( iii ) An association may allow its members and employees to operate its GMRS station(s). ( iv ) A governmental unit may allow its employees to operate its GMRS station(s). ( d ) Individual licensee duties. The holder of an individual license: ( 1 ) Shall determine specifically which individuals, including family members, are allowed to operate ( i.e., exercise operational control over) its GMRS station(s) ( see paragraph (c) of this section); ( 2 ) May allow any person to use ( i.e., benefit from the operation of) its GMRS repeater, or alternatively, may limit the use of its GMRS repeater to specific persons; ( 3 ) May disallow the use of its GMRS repeater by specific persons as may be necessary to carry out its responsibilities under this section. ( e ) Individual license term. Each individual license in the GMRS will normally have a term of ten years from the date of grant or renewal, and may be renewed pursuant to the procedures in part 1 of this chapter . The FCC may grant a shorter license term at renewal as a sanction for violation of the FCC rules. ( f ) Cooperative use of GMRS stations. GMRS licensees may share the use of their stations with other persons eligible in the GMRS, subject to the conditions and limitations in this paragraph. ( 1 ) The GMRS station to be shared must be individually owned by the licensee, jointly owned by the participants and the licensee, leased individually by the licensee, or leased jointly by the participants and the licensee. ( 2 ) The licensee must maintain access to and control over all stations authorized under its license. ( 3 ) A station may be shared only: ( i ) Without charge; ( ii ) On a non-profit basis, with contributions to capital and operating expenses including the cost of mobile stations and paging receivers prorated equitably among all participants; or ( iii ) On a reciprocal basis, i.e., use of one licensee's stations for the use of another licensee's stations without charge for either capital or operating expenses. ( 4 ) All sharing arrangements must be conducted in accordance with a written agreement to be kept as part of the station records. ( g ) Limitations on grandfathered GMRS licenses. GMRS licenses that were issued prior to July 31, 1987 authorized GMRS station operation at specified locations, on specified channels, and with specified antenna height and transmitter power. Grandfathered GMRS licenses authorize only continued operation of those specific stations by these licensees, at the specified locations, channels, antenna heights and transmitting power. The FCC does not accept applications to modify, assign, or transfer grandfathered GMRS licenses (other than administrative updates to change contact information). §§ 95.1707-95.1721 [Reserved] § 95.1723 GMRS station inspection. If an authorized FCC representative requests to inspect a GMRS station, the operator must make the station and any station records available for inspection. ( a ) A GMRS station includes all of the equipment used in connection with that station. ( b ) Station records include the following documents, as applicable: ( 1 ) A copy of each response to an FCC violation notice or an FCC letter. ( 2 ) Each written permission received from the FCC. ( 3 ) Any written agreement regarding sharing arrangements pursuant to § 95.1705(f)(4) of this part . §§ 95.1725-95.1729 [Reserved] § 95.1731 Permissible GMRS uses. The operator of a GMRS station may use that station for two-way plain language voice communications with other GMRS stations and with FRS units concerning personal or business activities. ( a ) Emergency communications. Any GMRS channel may be used for emergency communications or for traveler assistance. Operators of GMRS stations must, at all times and on all channels, give priority to emergency communications. ( b ) One-way communications. The operator of a GMRS station may use that station to transmit one-way communications: ( 1 ) To call for help or transmit other emergency communications; ( 2 ) To provide warnings of hazardous road conditions to travelers; or, ( 3 ) To make brief test transmissions. ( c ) Travelers assistance. The operator of a GMRS station may transmit communications necessary to assist a traveler to reach a destination or to receive necessary services. ( d ) Digital data. GMRS hand-held portable units may transmit digital data containing location information, or requesting location information from one or more other GMRS or FRS units, or containing a brief text message to another specific GMRS or FRS unit. § 95.1733 Prohibited GMRS uses. ( a ) In addition to the prohibited uses outlined in § 95.333 of this chapter , GMRS stations must not communicate: ( 1 ) Messages in connection with any activity which is against Federal, State, or local law; ( 2 ) False or deceptive messages; ( 3 ) Coded messages or messages with hidden meanings (“10 codes” are permissible); ( 4 ) Music, whistling, sound effects or material to amuse or entertain; ( 5 ) Advertisements or offers for the sale of goods or services; ( 6 ) Advertisements for a political candidate or political campaign (messages about the campaign business may be communicated); ( 7 ) International distress signals, such as the word “Mayday” (except when on a ship, aircraft or other vehicle in immediate danger to ask for help); ( 8 ) Messages which are both conveyed by a wireline control link and transmitted by a GMRS station; ( 9 ) Messages (except emergency messages) to any station in the Amateur Radio Service, to any unauthorized station, or to any foreign station; ( 10 ) Continuous or uninterrupted transmissions, except for communications involving the immediate safety of life or property; and ( 11 ) Messages for public address systems. ( 12 ) The provision of § 95.333 apply, however, if the licensee is a corporation and the license so indicates, it may use its GMRS system to furnish non-profit radio communication service to its parent corporation, to another subsidiary of the same parent, or to its own subsidiary. ( b ) GMRS stations must not be used for one-way communications other than those listed in § 95.1731(b) . Initial transmissions to establish two-way communications and data transmissions listed in § 95.1731(d) are not considered to be one-way communications for the purposes of this section. §§ 95.1735-95.1739 [Reserved] § 95.1741 GMRS antenna height limits. GMRS station antennas must meet the requirements in § 95.317 regarding menaces to air navigation. See § 95.317 and consult part 17 of the FCC's Rules for more information ( 47 CFR part 17 ). § 95.1743 Minor GMRS operators. Operators under the age of 18 will not be held personally responsible, pursuant to § 95.343 , for improper operation of a GMRS repeater or base station. The holder of the individual license under which the minor operates is solely responsible for any improper operation that occurs while an individual under the age of 18 is operating the station. § 95.1745 GMRS remote control. Notwithstanding the prohibition in § 95.345 , GMRS repeater, base and fixed stations may be operated by remote control. § 95.1747 GMRS automatic control. Notwithstanding the prohibition in § 95.347 , GMRS repeater stations may be operated by automatic control. § 95.1749 GMRS network connection. Operation of a GMRS station with a telephone connection is prohibited, as in § 95.349 . GMRS repeater, base and fixed stations, however, may be connected to the public switched network or other networks for the sole purpose of operation by remote control pursuant to § 95.1745 . § 95.1751 GMRS station identification. Each GMRS station must be identified by transmission of its FCC-assigned call sign at the end of transmissions and at periodic intervals during transmissions except as provided in paragraph (c) of this section. A unit number may be included after the call sign in the identification. ( a ) The GMRS station call sign must be transmitted: ( 1 ) Following a single transmission or a series of transmissions; and, ( 2 ) After 15 minutes and at least once every 15 minutes thereafter during a series of transmissions lasting more than 15 minutes. ( b ) The call sign must be transmitted using voice in the English language or international Morse code telegraphy using an audible tone. ( c ) Any GMRS repeater station is not required to transmit station identification if: ( 1 ) It retransmits only communications from GMRS stations operating under authority of the individual license under which it operates; and, ( 2 ) The GMRS stations whose communications are retransmitted are properly identified in accordance with this section. §§ 95.1753-95.1759 [Reserved] § 95.1761 GMRS transmitter certification. ( a ) Each GMRS transmitter (a transmitter that operates or is intended to operate in the GMRS) must be certified in accordance with this sub part and part 2 of this chapter . ( b ) A grant of equipment certification for the GMRS will not be issued for any GMRS transmitter type that fails to comply with the applicable rules in this subpart. ( c ) No GMRS transmitter will be certified for use in the GMRS if it is equipped with a frequency capability not listed in § 95.1763 , unless such transmitter is also certified for use in another radio service for which the frequency is authorized and for which certification is also required. No GMRS transmitter will be certified for use in the GMRS if it is equipped with the capabilities to operate in services that do not require equipment certification, such as the Amateur Radio Service. All frequency determining circuitry (including crystals) and programming controls in each GMRS transmitter must be internal to the transmitter and must not be accessible from the exterior of the transmitter operating panel or from the exterior of the transmitter enclosure. ( d ) Effective December 27, 2017, the Commission will no longer issue a grant of equipment authorization for hand-held portable unit transmitter types under both this subpart (GMRS) and subpart B of this part (FRS). ( e ) Effective December 27, 2017, the Commission will no longer issue a grant of equipment authorization under this subpart (GMRS) for hand-held portable units if such units meet the requirements to be certified under subpart B of this part (FRS). § 95.1763 GMRS channels. The GMRS is allotted 30 channels—16 main channels and 14 interstitial channels. GMRS stations may transmit on any of the channels as indicated below. ( a ) 462 MHz main channels. Only mobile, hand-held portable, repeater, base and fixed stations may transmit on these 8 channels. The channel center frequencies are: 462.5500, 462.5750, 462.6000, 462.6250, 462.6500, 462.6750, 462.7000, and 462.7250 MHz. ( b ) 462 MHz interstitial channels. Only mobile, hand-held portable and base stations may transmit on these 7 channels. The channel center frequencies are: 462.5625, 462.5875, 462.6125, 462.6375, 462.6625, 462.6875, and 462.7125 MHz. ( c ) 467 MHz main channels. Only mobile, hand-held portable, control and fixed stations may transmit on these 8 channels. Mobile, hand-held portable and control stations may transmit on these channels only when communicating through a repeater station or making brief test transmissions in accordance with § 95.319(c) . The channel center frequencies are: 467.5500, 467.5750, 467.6000, 467.6250, 467.6500, 467.6750, 467.7000, and 467.7250 MHz. ( d ) 467 MHz interstitial channels. Only hand-held portable units may transmit on these 7 channels. The channel center frequencies are: 467.5625, 467.5875, 467.6125, 467.6375, 467.6625, 467.6875, and 467.7125 MHz. [ 82 FR 41104 , Aug. 29, 2017, as amended at 86 FR 53565 , Sept. 28, 2021] § 95.1765 GMRS frequency accuracy. Each GMRS transmitter type must be designed to comply with the frequency accuracy requirements in this section under normal operating conditions. Operators of GMRS stations must also ensure compliance with these requirements. ( a ) The carrier frequency of each GMRS transmitter transmitting an emission with an occupied bandwidth greater than 12.5 kHz must remain within 5 parts-per-million (ppm) of the channel center frequencies listed in § 95.1763 under normal operating conditions. ( b ) The carrier frequency of each GMRS transmitter transmitting an emission with an occupied bandwidth of 12.5 kHz or less must remain within 2.5 ppm of the channel center frequencies listed in § 95.1763 under normal operating conditions. § 95.1767 GMRS transmitting power limits. This section contains transmitting power limits for GMRS stations. The maximum transmitting power depends on which channels are being used and the type of station. ( a ) 462/467 MHz main channels. The limits in this paragraph apply to stations transmitting on any of the 462 MHz main channels or any of the 467 MHz main channels. Each GMRS transmitter type must be capable of operating within the allowable power range. GMRS licensees are responsible for ensuring that their GMRS stations operate in compliance with these limits. ( 1 ) The transmitter output power of mobile, repeater and base stations must not exceed 50 Watts. ( 2 ) The transmitter output power of fixed stations must not exceed 15 Watts. ( b ) 462 MHz interstitial channels. The effective radiated power (ERP) of mobile, hand-held portable and base stations transmitting on the 462 MHz interstitial channels must not exceed 5 Watts. ( c ) 467 MHz interstitial channels. The effective radiated power (ERP) of hand-held portable units transmitting on the 467 MHz interstitial channels must not exceed 0.5 Watt. Each GMRS transmitter type capable of transmitting on these channels must be designed such that the ERP does not exceed 0.5 Watt. § 95.1769 [Reserved] § 95.1771 GMRS emission types. Each GMRS transmitter type must be designed to satisfy the emission capability rules in this section. Operation of GMRS stations must also be in compliance with these rules. ( a ) Each GMRS transmitter type must have the capability to transmit F3E or G3E emissions. ( b ) Only emission types A1D, F1D, G1D, H1D, J1D, R1D, A3E, F3E, G3E, H3E, J3E, R3E, F2D, and G2D are authorized for use in the GMRS. Equipment for which certification is sought under this subpart may have capabilities to transmit other emission types intended for use in other services, provided that these emission types can be deactivated when the equipment is used in the GMRS. § 95.1773 GMRS authorized bandwidths. Each GMRS transmitter type must be designed such that the occupied bandwidth does not exceed the authorized bandwidth for the channels used. Operation of GMRS stations must also be in compliance with these requirements. ( a ) Main channels. The authorized bandwidth is 20 kHz for GMRS transmitters operating on any of the 462 MHz main channels ( see § 95.1763(a) ) or any of the 467 MHz main channels ( see § 95.1763(c) ). ( b ) Interstitial channels. The authorized bandwidth is 20 kHz for GMRS transmitters operating on any of the 462 MHz interstitial channels ( see § 95.1763(b) ) and is 12.5 kHz for GMRS transmitters operating on any of the 467 MHz interstitial channels ( see § 95.1763(d) ). ( c ) Digital data transmissions. Digital data transmissions are limited to the 462 MHz main channels and interstitial channels in the 462 MHz and 467 MHz bands. § 95.1775 GMRS modulation requirements. Each GMRS transmitter type must be designed to satisfy the modulation requirements in this section. Operation of GMRS stations must also be in compliance with these requirements. ( a ) Main channels. The peak frequency deviation for emissions to be transmitted on the main channels must not exceed ± 5 kHz. ( b ) 462 MHz interstitial channels. The peak frequency deviation for emissions to be transmitted on the 462 MHz interstitial channels must not exceed ± 5 kHz. ( c ) 467 MHz interstitial channels. The peak frequency deviation for emissions to be transmitted on the 467 MHz interstitial channels must not exceed ± 2.5 kHz, and the highest audio frequency contributing substantially to modulation must not exceed 3.125 kHz. ( d ) Overmodulation. Each GMRS transmitter type, except for a mobile station transmitter type with a transmitter power output of 2.5 W or less, must automatically prevent a higher than normal audio level from causing overmodulation. ( e ) Audio filter. Each GMRS transmitter type must include audio frequency low pass filtering, unless it complies with the applicable paragraphs of § 95.1779 (without filtering). ( 1 ) The filter must be between the modulation limiter and the modulated stage of the transmitter. ( 2 ) At any frequency (f in kHz) between 3 and 20 kHz, the filter must have an attenuation of at least 60 log (f/3) dB more than the attenuation at 1 kHz. Above 20 kHz, it must have an attenuation of at least 50 dB more than the attenuation at 1 kHz. § 95.1777 GMRS tone transmissions. In addition to audible and subaudible tones used for receiver squelch activation and selective calling, to establish or maintain communications with specific stations or to access repeater stations ( see § 95.377 ), GMRS transmitters may also transmit audio tones for station identification ( see § 95.1751 ). § 95.1779 GMRS unwanted emissions limits. Each GMRS transmitter type must be designed to comply with the applicable unwanted emissions limits in this section. ( a ) Emission masks. Emission masks applicable to transmitting equipment in the GMRS are defined by the requirements in the following table. The numbers in the attenuation requirements column refer to rule paragraph numbers under paragraph (b) of this section. Emission types filter Attenuation requirements A1D, A3E, F1D, G1D, F2D, F3E, G3E with audio filter (1), (2), (7) A1D, A3E, F1D, G1D, F3E, G3E without audio filter (3), (4), (7) H1D, J1D, R1D, H3E, J3E, R2E (5), (6), (7) ( 1 ) Filtering noted for GMRS transmitters refers to the requirement in § 95.1775(e) . ( 2 ) Unwanted emission power may be measured as either mean power or peak envelope power, provided that the transmitter output power is measured the same way. ( b ) Attenuation requirements. The power of unwanted emissions must be attenuated below the transmitter output power in Watts (P) by at least: ( 1 ) 25 dB (decibels) on any frequency removed from the center of the authorized bandwidth by more than 50% up to and including 100% of the authorized bandwidth. ( 2 ) 35 dB on any frequency removed from the center of the authorized bandwidth by more than 100% up to and including 250% of the authorized bandwidth. ( 3 ) 83 log (f d ÷ 5) dB on any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 5 kHz up to and including 10 kHz. ( 4 ) 116 log (f d ÷ 6.1) dB or 50 + 10 log (P) dB, whichever is the lesser attenuation, on any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz), of more than 10 kHz up to and including 250% of the authorized bandwidth. ( 5 ) 25 dB on any frequency removed from the center of the authorized bandwidth by more than 50% up to and including 150% of the authorized bandwidth. ( 6 ) 35 dB on any frequency removed from the center of the authorized bandwidth by more than 150% up to and including 250% of the authorized bandwidth. ( 7 ) 43 + 10 log (P) dB on any frequency removed from the center of the authorized bandwidth by more than 250%. ( c ) Measurement bandwidths. The power of unwanted emissions in the frequency bands specified in paragraphs (b)(1) through (4) of this section is measured with a reference bandwidth of 300 Hz. The power of unwanted emissions in the frequency range specified in paragraph (b)(5) of this section is measured with a reference bandwidth of at least 30 kHz. ( d ) Measurement conditions. The requirements in this section apply to each GMRS transmitter type both with and without the connection of permitted attachments, such as an external speaker, microphone, power cord and/or antenna. §§ 95.1781-95.1785 [Reserved] § 95.1787 GMRS additional requirements. Each hand-held portable unit transmitter type submitted for certification under this subpart is subject to the rules in this section. ( a ) Digital data transmissions. GMRS hand-held portable units that have the capability to transmit digital data must be designed to meet the following requirements. ( 1 ) Digital data transmissions may contain location information, or requesting location information from one or more other GMRS or FRS units, or containing a brief text message to another specific GMRS or FRS unit. Digital data transmissions may be initiated by a manual action of the operator or on an automatic or periodic basis, and a GMRS unit receiving an interrogation request may automatically respond with its location. ( 2 ) Digital data transmissions must not exceed one second in duration. ( 3 ) Digital data transmissions must not be sent more frequently than one digital data transmission within a thirty-second period, except that a GMRS unit may automatically respond to more than one interrogation request received within a thirty-second period. ( 4 ) The antenna must be a non-removable integral part of the GMRS unit. ( 5 ) GMRS units must not be capable of transmitting digital data on the 467 MHz main channels. ( b ) [Reserved] [ 82 FR 41104 , Aug. 29, 2017, as amended at 86 FR 53565 , Sept. 28, 2021] § 95.1789 [Reserved] § 95.1791 Sales of GMRS/FRS combination radios prohibited. ( a ) Effective September 30, 2019, no person shall be permitted to manufacture or import, sell or offer for sale any radio equipment capable of operating under both this subpart (GMRS) and subpart B (FRS) of this chapter. §§ 95.1793-95.1899 [Reserved] Subpart F—218-219 MHz Service § 95.1901 Scope. This subpart sets out the regulations governing the licensing and operation of a 218-219 MHz system. This subpart supplements part 1, subpart F of this chapter , which establishes the requirements and conditions under which commercial and private radio stations may be licensed and used in the Wireless Telecommunications Services. The provisions of this subpart contain additional pertinent information for current and prospective licensees specific to the 218-219 MHz Service. § 95.1903 218-219 MHz Service description. ( a ) The 218-219 MHz Service is authorized for system licensees to provide communication service to subscribers in a specific service area. ( b ) The components of each 218-219 MHz Service system are its administrative apparatus, its response transmitter units (RTUs), and one or more cell transmitter stations (CTSs). RTUs may be used in any location within the service area. CTSs provide service from a fixed point, and certain CTSs must be individually licensed as part of a 218-219 MHz Service system. See § 95.1911 . ( c ) Each 218-219 MHz Service system service area is one of the cellular system service areas as defined by the Commission, unless modified pursuant to § 95.1923 . § 95.1905 Permissible communications. A 218-219 MHz Service system may provide any fixed or mobile communications service to subscribers within its service area on its assigned spectrum, consistent with the Commission's rules and the regulatory status of the system to provide services on a common carrier or private basis. § 95.1907 Requesting regulatory status. ( a ) Authorizations for systems in the 218-219 MHz Service will be granted to provide services on a common carrier basis or a private (non-common carrier and/or private internal-use) basis. ( 1 ) Initial applications. An applicant will specify on FCC Form 601 if it is requesting authorizations to provide services on a common carrier, non-common carrier or private internal-use basis, or a combination thereof. ( 2 ) Amendment of pending applications. Any pending application may be amended to: ( i ) Change the carrier status requested; or ( ii ) Add to the pending request in order to obtain both common carrier and private status in a single license. ( 3 ) Modification of license. A licensee may modify a license to: ( i ) Change the carrier status authorized; or ( ii ) Add to the status authorized in order to obtain both common carrier and private status in a single license. Applications to change, or add to, carrier status in a license must be submitted on FCC Form 601 in accordance with § 1.1102 of this chapter . ( 4 ) Pre-existing licenses. Licenses granted before April 9, 2001 are authorized to provide services on a private (non-common carrier) basis. Licensees may modify this initial status pursuant to paragraph (a)(3) of this section. ( b ) An applicant or licensee may submit a petition at any time requesting clarification of the regulatory status required to provide a specific communications service. § 95.1911 License requirements. ( a ) Each 218-219 MHz Service system must be licensed in accordance with part 1, subpart F of this chapter . ( b ) Each CTS where the antenna does not exceed 6.1 meters (20 feet) above ground or an existing structure (other than an antenna structure) and is outside the vicinity of certain receiving locations ( see § 1.924 of this chapter ) is authorized under the 218-219 MHz System license. All other CTSs must be individually licensed. ( c ) All CTSs not meeting the licensing criteria under paragraph (b) of this section are authorized under the 218-219 MHz Service system license. ( d ) Each component RTU in a 218-219 MHz Service system is authorized under the system license or, if associated with an individually licensed CTS, under that CTS license. ( e ) Each CTS (regardless of whether it is individually licensed) and each RTU must be in compliance with the Commission's environmental rules (see part 1, subpart I of this chapter ) and the Commission's rules pertaining to the construction, marking and lighting of antenna structures ( see part 17 of this chapter ). § 95.1912 License term. ( a ) The term of each 218-219 MHz service system license is ten years from the date of original grant or renewal. ( b ) Licenses for individually licensed CTSs will be issued for a period running concurrently with the license of the associated 218-219 MHz Service system with which it is licensed. § 95.1913 Eligibility. ( a ) An entity is eligible to hold a 218-219 MHz Service system license and its associated individual CTS licenses if: ( 1 ) The entity is an individual who is not a representative of a foreign government; or ( 2 ) The entity is a partnership and no partner is a representative of a foreign government; or ( 3 ) The entity is a corporation organized under the laws of the United States of America; or ( 4 ) The entity is a trust and no beneficiary is a representative of a foreign government. ( b ) An entity that loses its 218-219 MHz Service authorization due to failure to meet the construction requirements specified in § 95.1933 of this part may not apply for a 218-219 MHz Service system license for three years from the date the Commission takes final action affirming that the 218-219 MHz Service license has been canceled. § 95.1915 License application. ( a ) In addition to the requirements of part 1, subpart F of this chapter , each application for a 218-219 MHz Service system license must include a plan analyzing the co- and adjacent channel interference potential of the proposed system, identifying methods being used to minimize this interference, and showing how the proposed system will meet the service requirements set forth in § 95.1931 of this part . This plan must be updated to reflect changes to the 218-219 MHz Service system design or construction. ( b ) In addition to the requirements of part 1, subpart F of this chapter , each request by a 218-219 MHz Service system licensee to add, delete, or modify technical information of an individually licensed CTS ( see § 95.1911(b) of this part ) must include a description of the system after the proposed addition, deletion, or modifications, including the population in the service area, the number of component CTSs, and an explanation of how the system will satisfy the service requirements specified in § 95.1931 of this part . § 95.1916 Competitive bidding proceedings. ( a ) Competitive bidding. Mutually exclusive initial applications for 218-219 MHz Service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this part. ( b ) Installment payments. Eligible Licensees that elect resumption pursuant to Amendment of part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Report and Order and Memorandum Opinion and Order, FCC 99-239 (released September 10, 1999) may continue to participate in the installment payment program. Eligible Licensees are those that were current in installment payments ( i.e., less than ninety days delinquent) as of March 16, 1998, or those that had properly filed grace period requests under the former installment payment rules. All unpaid interest from grant date through election date will be capitalized into the principal as of Election Day creating a new principal amount. Installment payments must be made on a quarterly basis. Installment payments will be calculated based on new principal amount as of Election Day and will fully amortize over the remaining term of the license. The interest rate will equal the rate for five-year U.S. Treasury obligations at the grant date. ( c ) Eligibility for small business provisions. ( 1 ) A small business is an entity that, together with its affiliates and controlling interests, has average gross revenues not to exceed $15 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its affiliates and controlling interests, has average gross revenues not to exceed $3 million for the preceding three years. ( d ) Bidding credits. A winning bidder that qualifies as a small business, as defined in this subsection, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in accordance with § 1.2110(f)(2)(i) of this chapter . ( e ) Auction No. 2 winning bidders. Winning bidders in Auction No. 2, which took place on July 28-29, 1994, that, at the time of auction, met the qualifications under the Commission's rules then in effect, for small business status will receive a twenty-five percent bidding credit pursuant to Amendment of part 95 of the Commission's Rules to Provide Regulatory Flexibility in the 218-219 MHz Service, Report and Order and Memorandum Opinion and Order, FCC 99-239 (released September 10, 1999). § 95.1919 License transferability. ( a ) A 218-219 MHz Service system license, together with all of its component CTS licenses, may be transferred, assigned, sold, or given away only in accordance with the provisions and procedures set forth in § 1.948 of this chapter . For licenses acquired through competitive bidding procedures (including licenses obtained in cases of no mutual exclusivity), designated entities must comply with §§ 1.2110 and 1.2111 of this chapter ( see § 1.948(a)(3) of this chapter ). ( b ) If the transfer, assignment, sale, or gift of a license is approved, the new licensee is held to the construction requirements set forth in § 95.1933 . § 95.1923 Geographic partitioning and spectrum disaggregation. ( a ) Eligibility. Parties seeking Commission approval of geographic partitioning or spectrum disaggregation of 218-219 MHz Service system licenses shall request an authorization for partial assignment of license pursuant to § 1.948 of this chapter . ( b ) Technical standards — ( 1 ) Partitioning. In the case of partitioning, requests for authorization of partial assignment of a license must include, as attachments, a description of the partitioned service area and a calculation of the population of the partitioned service area and the licensed geographic service area. The partitioned service area shall be defined by coordinate points at every 3 seconds along the partitioned service area unless an FCC-recognized service area ( i.e., Economic Areas) is utilized or county lines are followed. The geographic coordinates must be specified in degrees, minutes, and seconds, to the nearest second of latitude and longitude, and must be based upon the 1983 North American Datum (NAD83). In the case where an FCC-recognized service area or county lines are utilized, applicants need only list the specific area(s) (through use of FCC designations or county names) that constitute the partitioned area. ( 2 ) Disaggregation. Spectrum may be disaggregated in any amount. ( 3 ) Combined partitioning and disaggregation. The Commission will consider requests for partial assignments of licenses that propose combinations of partitioning and disaggregation. ( c ) Provisions applicable to designated entities — ( 1 ) Parties not qualified for installment payment plans. ( i ) When a winning bidder (partitionor or disaggregator) that elected to pay for its license through an installment payment plan partitions its license or disaggregates spectrum to another party (partitionee or disaggregatee) that would not qualify for an installment payment plan, or elects not to pay for its share of the license through installment payments, the outstanding principal balance owed by the partitionor or disaggregator shall be apportioned according to § 1.2111(e)(3) of this chapter . The partitionor or disaggregator is responsible for accrued and unpaid interest through and including the consummation date. ( ii ) The partitionee or disaggregatee shall, as a condition of the approval of the partial assignment application, pay its entire pro rata amount of the outstanding principal balance on or before the consummation date. Failure to meet this condition will result in cancellation of the grant of the partial assignment application. ( iii ) The partitionor or disaggregator shall be permitted to continue to pay its pro rata share of the outstanding balance and, if applicable, shall receive loan documents evidencing the partitioning and disaggregation. The original interest rate, established pursuant to § 1.2110(g)(3)(i) of this chapter at the time of the grant of the initial license in the market, shall continue to be applied to the partitionor's or disaggregator's portion of the remaining government obligation. ( iv ) A default on the partitionor's or disaggregator's payment obligation will affect only the partitionor's or disaggregator's portion of the market. ( 2 ) Parties qualified for installment payment plans. ( i ) Where both parties to a partitioning or disaggregation agreement qualify for installment payments, the partitionee or disaggregatee will be permitted to make installment payments on its portion of the remaining government obligation. ( ii ) Each party may be required, as a condition to approval of the partial assignment application, to execute loan documents agreeing to pay its pro rata portion of the outstanding principal balance due, as apportioned according to § 1.2111(e)(3) of this chapter , based upon the installment payment terms for which it qualifies under the rules. Failure by either party to meet this condition will result in the automatic cancellation of the grant of the partial assignment application. The interest rate, established pursuant to § 1.2110(f)(3)(i) of this chapter at the time of the grant of the initial license in the market, shall continue to be applied to both parties' portion of the balance due. Each party will receive a license for its portion of the partitioned market. ( iii ) A default on an obligation will affect only that portion of the market area held by the defaulting party. [ 82 FR 41104 , Aug. 29, 2017, as amended at 82 FR 41549 , Sept. 1, 2017 § 95.1931 Service requirements. Subject to the initial construction requirements of § 95.1933 of this subpart , each 218-219 MHz Service system license must demonstrate that it provides substantial service within the service area. Substantial service is defined as a service that is sound, favorable, and substantially above a level of service which might minimally warrant renewal. § 95.1933 Construction requirements. ( a ) Each 218-219 MHz Service licensee must make a showing of “substantial service” within ten years of the license grant. Until January 1, 2023, “substantial service” assessment will be made at renewal pursuant to the provisions and procedures contained in § 1.949 of this chapter . ( b ) Until January 1, 2023, each 218-219 MHz Service licensee must file a report to be submitted to inform the Commission of the service status of its system. The report must be labeled as an exhibit to the renewal application. At minimum, the report must include: ( 1 ) A description of its current service in terms of geographic coverage and population served; ( 2 ) An explanation of its record of expansion, including a timetable of new construction to meet changes in demand for service; ( 3 ) A description of its investments in its 218-219 MHz Service systems; ( 4 ) A list, including addresses, of all component CTSs constructed; and ( 5 ) Copies of all FCC orders finding the licensee to have violated the Communications Act or any FCC rule or policy; and a list of any pending proceedings that relate to any matter described in this paragraph. ( c ) Failure to demonstrate that substantial service is being provided in the service area will result in forfeiture of the license, and will result in the licensee's ineligibility to apply for 218-219 MHz Service licenses for three years from the date the Commission takes final action affirming that the 218-219 MHz Service license has been canceled pursuant to § 95.1913 of this part . [ 82 FR 41104 , Aug. 29, 2017, as amended at 82 FR 41549 , Sept. 1, 2017 § 95.1935 Station identification. No RTU or CTS is required to transmit a station identification announcement. § 95.1937 Station inspection. Upon request by an authorized Commission representative, the 218-219 MHz Service system licensee must make any component CTS available for inspection. § 95.1951 Certification. Each CTS and RTU transmitter must be certified for use in the 218-219 MHz Service in accordance with subpart J of part 2 of this chapter . § 95.1953 Frequency segments. There are two frequency segments available for assignment to the 218-219 MHz Service in each service area. Frequency segment A is 218.000-218.500 MHz. Frequency segment B is 218.501-219.000 MHz. § 95.1955 Transmitter effective radiated power limitation. The effective radiated power (ERP) of each CTS and RTU shall be limited to the minimum necessary for successful communications. No CTS or fixed RTU may transmit with an ERP exceeding 20 Watts. No mobile RTU may transmit with an ERP exceeding 4 Watts. § 95.1957 Emission standards. ( a ) All transmissions by each CTS and by each RTU shall use an emission type that complies with the following standard for unnecessary radiation. ( b ) All spurious and out-of-band emissions shall be attenuated: ( 1 ) Zero dB on any frequency within the authorized frequency segment. ( 2 ) At least 28 dB on any frequency removed from the midpoint of the assigned frequency segment by more than 250 kHz up to and including 750 kHz; ( 3 ) At least 35 dB on any frequency removed from the midpoint of the assigned frequency segment by more than 750 kHz up to and including 1250 kHz; ( 4 ) At least 43 plus 10 log (base 10) (mean power in Watts) dB on any frequency removed from the midpoint of the assigned frequency segment by more than 1250 kHz. ( c ) When testing for certification, all measurements of unnecessary radiation are performed using a carrier frequency as close to the edge of the authorized frequency segment as the transmitter is designed to be capable of operating. ( d ) The reference bandwidth of the instrumentation used to measure the emission power shall be 100 Hz for measuring emissions up to and including 250 kHz from the edge of the authorized frequency segment, and 10 kHz for measuring emissions more than 250 kHz from the edge of the authorized frequency segment. If a video filter is used, its bandwidth shall not be less than the reference bandwidth. The power level of the highest emission within the frequency segment, to which the attenuation is referenced, shall be remeasured for each change in reference bandwidth. § 95.1959 Antennas. ( a ) The overall height from ground to topmost tip of the CTS antenna shall not exceed the height necessary to assure adequate service. Certain CTS antennas must be individually licensed to the 218-219 MHz System licensee ( see § 95.1911(b) of this part ). CTS antennas must also meet the requirements in § 95.317 regarding menaces to air navigation. See 47 CFR 95.317 and consult part 17 of the FCC's Rules for more information ( 47 CFR part 17 ). ( b ) [Reserved] ( c ) The RTU may be connected to an external antenna not more than 6.1 m (20 feet) above ground or above an existing man-made structure (other than an antenna structure). Connectors that are used to connect RTUs to an external antenna shall not be of the types generally known as “F-type” or “BNC type.” Use of an external antenna is subject to § 95.1961 . § 95.1961 Interference. ( a ) When a 218-219 MHz Service system suffers harmful interference within its service area or causes harmful interference to another 218-219 MHz Service system, the licensees of both systems must cooperate and resolve the problem by mutually satisfactory arrangements. If the licensees are unable to do so, the Commission may impose restrictions including, but not limited to, specifying the transmitter power, antenna height or area, duty cycle, or hours of operation for the stations concerned. ( b ) The use of any frequency segment (or portion thereof) at a given geographical location may be denied when, in the judgment of the Commission, its use in that location is not in the public interest; the use of a frequency segment (or portion thereof) specified for the 218-219 MHz Service system may be restricted as to specified geographical areas, maximum power, or other operating conditions. ( c ) A 218-219 MHz Service licensee must provide a copy of the plan required by § 95.1915 (a) of this part to every TV Channel 13 station whose Grade B predicted contour overlaps the licensed service area for the 218-219 MHz Service system. The 218-219 MHz Service licensee must send the plan to the TV Channel 13 licensee(s) within 10 days from the date the 218-219 MHz Service licensee submits the plan to the Commission, and the 218-219 MHz Service licensee must send updates to this plan to the TV Channel 13 licensee(s) within 10 days from the date that such updates are filed with the Commission pursuant to § 95.1915 . ( d ) Each 218-219 MHz Service system licensee must provide upon request, and install free of charge, an interference reduction device to any household within a TV Channel 13 station Grade B predicted contour that experiences interference due to a component CTS or RTU. ( e ) Each 218-219 MHz Service system licensee must investigate and eliminate harmful interference to television broadcasting and reception, from its component CTSs and RTSs, within 30 days of the time it is notified in writing, by either an affected television station, an affected viewer, or the Commission, of an interference complaint. Should the licensee fail to eliminate the interference within the 30-day period, the CTS(s) or RTU(s) causing the problem(s) must discontinue operation. ( f ) The boundary of the 218-219 MHz Service system, as defined in its authorization, is the limit of interference protection for that 218-219 MHz Service system. §§ 95.1963-95.1999 [Reserved] Subpart G—Low Power Radio Service § 95.2101 Scope. This subpart contains rules that apply only to the Low Power Radio Service (LPRS). § 95.2103 Definitions, LPRS. Automated maritime telecommunications system (AMTS). An automatic maritime communications system administered under part 80 of this chapter . Individuals with disabilities. Individuals with a physical or mental impairment that substantially limits one or more of the major life activities of such individuals. See section 3(2)(A) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102(2)(A) ). Low Power Radio Service (LPRS). A short-distance voice and data communication service for providing auditory assistance to persons with disabilities (and others), health care related communications, law enforcement tracking, and for certain other purposes. § 95.2105 LPRS operator eligibility. Subject to the requirements of §§ 95.305 and 95.307 , any person is eligible to operate a station in the Low Power Radio Service, except that only a person that holds an AMTS license issued under part 80 of this chapter may operate an LPRS station for AMTS purposes ( see § 95.2131(d) ). § 95.2107 [Reserved] § 95.2109 Notification to affected TV stations required for AMTS use. Prior to operating a LPRS transmitter with an AMTS, the AMTS licensee must notify, in writing, each television station that may be affected by such operations, as defined in § 80.215(h) of this chapter . The notification provided with the station's license application (under part 80 of this chapter ) is sufficient to satisfy this requirement if no new television stations would be affected. §§ 95.2111-95.2123 [Reserved] § 95.2125 LPRS interference. Operation of LPRS stations must not cause harmful interference to the United States Air Force Space Surveillance system (operating in the 216.88-217.08 MHz frequency band) or to reception within the service contour of any type of DTV or TV Broadcast station operating on Channel 13. §§ 95.2127-95.2129 [Reserved] § 95.2131 Permissible LPRS uses. LPRS stations may be used to transmit voice, data, or tracking signals, as appropriate, to provide: ( a ) Auditory assistance communications (including, but not limited to, applications such as assistive listening devices, audio description for the blind, and simultaneous language translation) for: ( 1 ) Individuals with disabilities; ( 2 ) Individuals who require language translation; or ( 3 ) Individuals who may otherwise benefit from auditory assistance communications in educational settings. ( b ) Health care related communications for the ill; ( c ) Law enforcement tracking signals (for homing or interrogation) including the tracking of persons or stolen goods under authority or agreement with a law enforcement agency (Federal, state, or local) having jurisdiction in the area where the transmitters are placed; ( d ) Point-to-point network control communications for AMTS licensed under part 80 of this chapter . § 95.2133 Prohibited LPRS uses. LPRS stations must not be used for two-way voice communications. § 95.2141 LPRS antenna height and directivity requirements. LPRS operators must ensure that their stations satisfy the antenna requirements in this section. ( a ) For LPRS units where the antenna is an integral part of the unit, and for LPRS stations operating entirely within an enclosed structure, e.g., a building, there is no limit on antenna height. ( b ) For all other LPRS units, the tip of the antenna must not exceed 30.5 meters (100 feet) above ground level. If harmful interference occurs, the FCC may require that the LPRS station antenna height be reduced. ( c ) Directional transmit antennas must be used for LPRS stations used with AMTS. ( d ) LPRS antennas must also meet the requirements in § 95.317 regarding menaces to air navigation. See 47 CFR 95.317 and consult part 17 of the FCC's Rules for more information ( 47 CFR part 17 ). §§ 95.2143-95.2159 [Reserved] § 95.2161 LPRS transmitter certification. ( a ) Each LPRS transmitter (a transmitter that operates or is intended to operate in the LPRS) must be certified in accordance with this sub part and part 2 of this chapter . ( b ) A grant of equipment certification for the LPRS will not be issued for any LPRS transmitter type that fails to comply with all of the applicable rules in this subpart. § 95.2163 LPRS channels. LPRS transmitters may operate on any channel listed in paragraphs (a) , (b) , and (c) of this section. Channels 19, 20, 50, and 151-160 are available exclusively for law enforcement tracking purposes. AMTS transmissions are limited to the 216.750-217.000 MHz frequency band for low power point-to-point network control communications by AMTS coast stations. Other AMTS transmissions in the 216-217 MHz frequency band are prohibited. ( a ) Standard band channels. The following table lists the standard band channel numbers and corresponding center frequencies in Megahertz. Channel No. Center frequency (MHz) 1 216.0125 2 216.0375 3 216.0625 4 216.0875 5 216.1125 6 216.1375 7 216.1625 8 216.1875 9 216.2125 10 216.2375 11 216.2625 12 216.2875 13 216.3125 14 216.3375 15 216.3625 16 216.3875 17 216.4125 18 216.4375 19 216.4625 20 216.4875 21 216.5125 22 216.5375 23 216.5625 24 216.5875 25 216.6125 26 216.6375 27 216.6625 28 216.6875 29 216.7125 30 216.7375 31 216.7625 32 216.7875 33 216.8125 34 216.8375 35 216.8625 36 216.8875 37 216.9125 38 216.9375 39 216.9625 40 216.9875 ( b ) Extra band channels. The following table lists the extra band channel numbers and corresponding center frequencies in Megahertz. Channel No. Center frequency (MHz) 41 216.025 42 216.075 43 216.125 44 216.175 45 216.225 46 216.275 47 216.325 48 216.375 49 216.425 50 216.475 51 216.525 52 216.575 53 216.625 54 216.675 55 216.725 56 216.775 57 216.825 58 216.875 59 216.925 60 216.975 ( c ) Narrowband channels. The following table lists the narrowband channel numbers and corresponding center frequencies in Megahertz. Channel No. Center frequency (MHz) 61 216.0025 62 216.0075 63 216.0125 64 216.0175 65 216.0225 66 216.0275 67 216.0325 68 216.0375 69 216.0425 70 216.0475 71 216.0525 72 216.0575 73 216.0625 74 216.0675 75 216.0725 76 216.0775 77 216.0825 78 216.0875 79 216.0925 80 216.0975 81 216.1025 82 216.1075 83 216.1125 84 216.1175 85 216.1225 86 216.1275 87 216.1325 88 216.1375 89 216.1425 90 216.1475 91 216.1525 92 216.1575 93 216.1625 94 216.1675 95 216.1725 96 216.1775 97 216.1825 98 216.1875 99 216.1925 100 216.1975 101 216.2025 102 216.2075 103 216.2125 104 216.2175 105 216.2225 106 216.2275 107 216.2325 108 216.2375 109 216.2425 110 216.2475 111 216.2525 112 216.2575 113 216.2625 114 216.2675 115 216.2725 116 216.2775 117 216.2825 118 216.2875 119 216.2925 120 216.2975 121 216.3025 122 216.3075 123 216.3125 124 216.3175 125 216.3225 126 216.3275 127 216.3325 128 216.3375 129 216.3425 130 216.3475 131 216.3525 132 216.3575 133 216.3625 134 216.3675 135 216.3725 136 216.3775 137 216.3825 138 216.3875 139 216.3925 140 216.3975 141 216.4025 142 216.4075 143 216.4125 144 216.4175 145 216.4225 146 216.4275 147 216.4325 148 216.4375 149 216.4425 150 216.4475 151 216.4525 152 216.4575 153 216.4625 154 216.4675 155 216.4725 156 216.4775 157 216.4825 158 216.4875 159 216.4925 160 216.4975 161 216.5025 162 216.5075 163 216.5125 164 216.5175 165 216.5225 166 216.5275 167 216.5325 168 216.5375 169 216.5425 170 216.5475 171 216.5525 172 216.5575 173 216.5625 174 216.5675 175 216.5725 176 216.5775 177 216.5825 178 216.5875 179 216.5925 180 216.5975 181 216.6025 182 216.6075 183 216.6125 184 216.6175 185 216.6225 186 216.6275 187 216.6325 188 216.6375 189 216.6425 190 216.6475 191 216.6525 192 216.6575 193 216.6625 194 216.6675 195 216.6725 196 216.6775 197 216.6825 198 216.6875 199 216.6925 200 216.6975 201 216.7025 202 216.7075 203 216.7125 204 216.7175 205 216.7225 206 216.7275 207 216.7325 208 216.7375 209 216.7425 210 216.7475 211 216.7525 212 216.7575 213 216.7625 214 216.7675 215 216.7725 216 216.7775 217 216.7825 218 216.7875 219 216.7925 220 216.7975 221 216.8025 222 216.8075 223 216.8125 224 216.8175 225 216.8225 226 216.8275 227 216.8325 228 216.8375 229 216.8425 230 216.8475 231 216.8525 232 216.8575 233 216.8625 234 216.8675 235 216.8725 236 216.8775 237 216.8825 238 216.8875 239 216.8925 240 216.8975 241 216.9025 242 216.9075 243 216.9125 244 216.9175 245 216.9225 246 216.9275 247 216.9325 248 216.9375 249 216.9425 250 216.9475 251 216.9525 252 216.9575 253 216.9625 254 216.9675 255 216.9725 256 216.9775 257 216.9825 258 216.9875 259 216.9925 260 216.9975 ( d ) AMTS network control communications. LPRS stations operating as part of an AMTS may use the 216.750-217.000 MHz frequency range as a single 250 kHz bandwidth channel. § 95.2165 LPRS frequency accuracy. Each LPRS transmitter type must be designed to satisfy the frequency accuracy requirements in this section. ( a ) LPRS transmitters operating on standard band (25 kHz) or extra band (50 kHz) channels must be designed such that the carrier frequencies remain within ±50 ppm of the channel center frequencies specified in § 95.2163(a) and (b) , respectively, during normal operating conditions. ( b ) LPRS transmitters operating on narrowband (5 kHz) channels must be designed such that the carrier frequencies remain within ±1.5 ppm of the channel center frequencies specified in § 95.2163(c) during normal operating conditions. § 95.2167 LPRS transmitting power. Each LPRS transmitter type not intended for use with an AMTS station must be designed to satisfy the transmitting power limits in paragraph (a) of this section. The licensee of each AMTS station is responsible for compliance with paragraph (b) of this section. ( a ) The ERP of an LPRS transmitter, other than an LPRS transmitter used with an AMTS station, must not exceed 100 mW. ( b ) The ERP of an LPRS transmitter used with an AMTS station must not exceed 1 Watt. §§ 95.2169-95.2171 [Reserved] § 95.2173 LPRS authorized bandwidths. Each LPRS transmitter type must be designed such that the occupied bandwidth does not exceed the authorized bandwidth for the channel bandwidth used. ( a ) The authorized bandwidth for emissions transmitted on the narrowband channels listed in § 95.2163(c) is 4 kHz. ( b ) The occupied bandwidth for emissions transmitted on the standard band, extra band or AMTS channels listed in § 95.2163(a) , (b) , or (d) , respectively, is limited through compliance with the unwanted emissions rule ( § 95.2179 ). §§ 95.2175-95.2177 [Reserved] § 95.2179 LPRS unwanted emission limits. The requirements in this section apply to each LPRS transmitter type both with and without the connection of attachments, such as an external microphone, power cord and/or antenna. ( a ) Emission masks. Emission masks applicable to transmitting equipment in the LPRS are defined by the requirements in the following table. The numbers in the paragraphs column refer to attenuation requirement rule paragraph numbers under paragraph (b) of this section. Channels Paragraphs narrowband 5 kHz (1), (2) standard band 25 kHz (3), (4) extra band 50 kHz (5), (6) AMTS 250 kHz (7), (8) ( b ) Attenuation requirements. The power of unwanted emissions must be attenuated below the transmitter output power in Watts (P) by at least: ( 1 ) 30 + 20(f d − 2) dB, 55 + 10 log (P) dB, or 65 dB, whichever is the least attenuation, on any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d , in kHz) of more than 2 kHz, up to and including 3.75 kHz. ( 2 ) 55 + 10 log (P) dB on any frequency removed from the center of the authorized bandwidth by more than 3.75 kHz. ( 3 ) 30 dB on any frequency removed from the channel center frequency by 12.5 kHz to 22.5 kHz. ( 4 ) 43 + 10 log (P) dB on any frequency removed from the channel center frequency by more than 22.5 kHz. ( 5 ) 30 dB on any frequency removed from the channel center frequency by 25 kHz to 35 kHz. ( 6 ) 43 + 10 log (P) dB on any frequency removed from the channel center frequency by more than 35 kHz. ( 7 ) 30 dB on any frequency removed from the channel center frequency by 125 kHz to 135 kHz. ( 8 ) 43 + 10 log (P) dB on any frequency removed from the channel center frequency by more than 135 kHz. ( c ) Measurement conditions and procedures. The power of unwanted emissions in the frequency bands specified in paragraphs (b)(1) , (3) , (5) , and (7) of this section is measured with a reference bandwidth of 300 Hz. The power of unwanted emissions in the frequency ranges specified in paragraphs (b)(2), (4), (6), and (8) is measured with a reference bandwidth of at least 30 kHz. §§ 95.2181-95.2189 [Reserved] § 95.2191 LPRS marketing limitations. Transmitters intended for operation in the LPRS may be marketed and sold only for those uses described in § 95.2131 . § 95.2193 LPRS labeling requirements. Each LPRS transmitting device must be labeled with the following statement in a conspicuous location on the device: This device may not interfere with TV reception or Federal Government radar. ( a ) Where the LPRS device is constructed in two or more sections connected by wire and marketed together, the statement specified in this section is required to be affixed only to the main control unit. ( b ) When the LPRS device is so small or for such use that it is not practicable to place the statement specified in this section on it, the statement must be placed in a prominent location in the instruction manual or pamphlet supplied to the user or, alternatively, must be placed on the container in which the device is marketed. § 95.2195 LPRS disclosures. Manufacturers of LPRS transmitters used for auditory assistance, health care assistance, and law enforcement tracking purposes must include with each transmitting device the following statement: This transmitter is authorized by rule under the Low Power Radio Service ( 47 CFR part 95 ) and must not cause harmful interference to TV reception or to the United States Air Force Space Surveillance System operating in the 216.88-217.08 MHz band. With the exception of automated maritime telecommunications system (AMTS) devices, you do not need an FCC license to operate this transmitter. This transmitter may only be used to provide: auditory assistance to persons with disabilities, persons who require language translation, or persons in educational settings; health care services to the ill; law enforcement tracking services under agreement with a law enforcement agency; or AMTS network control communications. Two-way voice communications and all other types of uses not mentioned above are expressly prohibited. §§ 95.2197-95.2999 [Reserved] Subpart H—Wireless Medical Telemetry Service § 95.2301 Scope. This subpart contains rules that apply only to the Wireless Medical Telemetry Service (WMTS) operating in the 608-614 MHz, 1395-1400 MHz and 1427-1432 MHz frequency bands. § 95.2303 Definitions, WMTS. Authorized health care provider. A physician or other individual authorized under state or Federal law to provide health care services, or any other health care facility operated by or employing individuals authorized under state or Federal law to provide health care services, or any trained technician operating under the supervision and control of an individual or health care facility authorized under state or Federal law to provide health care services. Health care facility. A health care facility includes hospitals and other establishments that offer services, facilities and beds for use beyond a 24-hour period in rendering medical treatment, and institutions and organizations regularly engaged in providing medical services through clinics, public health facilities, and similar establishments, including government entities and agencies such as Veterans Administration hospitals; except the term health care facility does not include an ambulance or other moving vehicle. Wireless Medical Telemetry Service (WMTS). A short-distance data communication service for the transmission of physiological parameters and other patient medical information via radiated electromagnetic signals. Wireless medical telemetry. The measurement and recording of physiological parameters and other patient-related information via radiated bi-or unidirectional electromagnetic signals in the 608-614 MHz, 1395-1400 MHz and 1427-1432 MHz frequency bands. § 95.2305 WMTS operator eligibility. Only the following persons are eligible to operate transmitters in the Wireless Medical Telemetry Service: ( a ) Authorized health care providers are eligible to operate transmitters in the WMTS without an individual license issued by the FCC provided the coordination requirements in § 95.2309 have been met. ( b ) Manufacturers of wireless medical telemetry devices and their representatives are eligible to operate WMTS transmitters solely for the purpose of demonstrating such equipment to, or installing and maintaining such equipment for, authorized health care providers. § 95.2307 [Reserved] § 95.2309 WMTS frequency coordination. Operation of WMTS devices is subject to the frequency coordination procedures in this section. ( a ) Frequency coordinators. The FCC designates one or more frequency coordinators to manage WMTS use of the frequency bands designated for the operation of WMTS devices. ( 1 ) Contact information for the frequency coordinator can be obtained from the FCC's Web site at: https://www.fcc.gov/encyclopedia/wireless-medical-telemetry-service-wmts or by calling the FCC at 1-888-CALL-FCC (1-888-225-5322). ( 2 ) The duties of the frequency coordinators are to: ( i ) Review and process coordination requests submitted by authorized health care providers as required by this section; ( ii ) Maintain a database of WMTS use; ( iii ) Notify users of potential conflicts; ( iv ) Coordinate WMTS operation with radio astronomy observatories and Federal Government radar systems as specified in paragraphs (f) and (g). ( v ) Notify licensees operating pursuant to § 90.259(b) of this chapter of the need to comply with the field strength limit of § 90.259(b)(11) prior to initial activation of WMTS equipment in the 1427-1432 MHz band. ( vi ) Notify licensees operating in the 1392-1395 MHz band (pursuant to subpart I of part 27 of this chapter ) of the need to comply with the field strength limit of § 27.804 prior to initial activation of WMTS equipment in the 1395-1400 MHz band. ( b ) Initial registration. Prior to first use of a WMTS device for wireless medical telemetry in a health care facility, the authorized health care provider shall register the device with a designated frequency coordinator. After April 14, 2010, no registrations may be accepted for frequencies where WMTS does not have primary status. Previously registered secondary facilities may continue to operate as registered. ( c ) Maintaining current information. The authorized health care provider shall maintain the information contained in each registration current in all material respects, and shall notify the frequency coordinator when any material change is made in the location or operating parameters previously reported. ( d ) Discontinuation. The authorized health care provider shall notify the frequency coordinator whenever a medical telemetry device is permanently taken out of service, unless the device is replaced with another transmitter utilizing the same technical characteristics as those reported on the effective registration. ( e ) Registration information. Each registration includes the following information: ( 1 ) The specific frequency range(s); ( 2 ) The modulation scheme and/or emission type (including bandwidth); ( 3 ) The effective radiated power; ( 4 ) The number of WMTS devices in use at the health care facility as of the date of registration, including manufacturer name(s) and model numbers; ( 5 ) The legal name of the authorized health care provider; ( 6 ) The location of the WMTS device (e.g., coordinates, street address, building, as appropriate); and, ( 7 ) Contact information for the authorized health care provider (e.g., name, title, office address, telephone number, fax number, email address). ( f ) Specific requirements for WMTS devices in the 608-614 MHz frequency band. For a wireless medical telemetry device operating within the frequency range 608-614 MHz that will be located near the radio astronomy observatories listed below, operation is not permitted until a WMTS frequency coordinator referenced in § 95.2309 has coordinated with, and obtained the written concurrence of, the director of the affected radio astronomy observatory before the equipment can be installed or operated— ( 1 ) Within 80 kilometers of: ( i ) National Astronomy and Ionosphere Center, Arecibo, Puerto Rico: 18°-20′-38.28′ North Latitude, 66°-45′-09.42′ West Longitude; ( ii ) National Radio Astronomy Observatory, Socorro, New Mexico: 34°-04′-43′ North Latitude, 107°-37′-04′ West Longitude; or ( iii ) National Radio Astronomy Observatory, Green Bank, West Virginia: 38°-26′-08′ North Latitude, 79°-49′-42′ West Longitude. ( 2 ) Within 32 kilometers of any of the National Radio Astronomy Observatory (NRAO) facilities (Very Long Baseline Array Stations) centered on the following geographical coordinates: NRAO facilities N. lat. W. long. Pie Town, NM 34°-18′ 108°-07′ Kitt Peak, AZ 31°-57′ 111°-37′ Los Alamos, NM 35°-47′ 106°-15′ Fort Davis, TX 30°-38′ 103°-57′ North Liberty, IA 41°-46′ 91°-34′ Brewster, WA 48°-08′ 119°-41′ Owens Valley, CA 37°-14′ 118°-17′ Saint Croix, VI 17°-46′ 64°-35′ Mauna Kea, HI 19°-49′ 155°-28′ Hancock, NH 42°-56′ 71°-59′ ( 3 ) The National Science Foundation (NSF) point of contact for coordination is: Division of Astronomical Sciences, Electromagnetic Spectrum Management Unit, 2415 Eisenhower Avenue, Alexandria, VA 22314; Email: esm@nsf.gov . ( g ) Specific requirements for WMTS devices in the 1395-1400 and 1427-1432 MHz bands. Due to the critical nature of communications transmitted under this part, the frequency coordinator in consultation with the National Telecommunications and Information Administration will determine whether there are any Federal Government systems whose operations could affect, or could be affected by, proposed WMTS operations in the 1395-1400 MHz and 1427-1432 MHz bands. The locations of government systems in these bands are specified in footnotes US351 and US352 of § 2.106 of this chapter . ( h ) Obtaining interference protection. To receive interference protection, parties operating WMTS networks in the 608-614 MHz frequency band shall notify one of the white space database administrators of their operating location pursuant to §§ 15.713(j)(11) and 15.715(p) of this chapter . [ 82 FR 41104 , Aug. 29, 2017, as amended at 85 FR 38740 , June 26, 2020; 84 FR 34799 , July 19, 2019] §§ 95.2311-95.2323 [Reserved] § 95.2325 WMTS interference. Authorized health care providers, in conjunction with the equipment manufacturers, must cooperate in the selection and use of frequencies in order to reduce the potential for interference with other wireless medical telemetry devices, or other co-primary users. However, WMTS operations in the 608-614 MHz band are not entitled to protection from adjacent band interference from broadcast television stations transmitting on TV Channels 36 and 38. §§ 95.2327-95.2329 [Reserved] § 95.2331 Permissible WMTS uses. WMTS transmitters are used to transmit wireless medical telemetry, on a unidirectional or bidirectional basis. All transmissions must be related to the provision of medical care. § 95.2333 Prohibited WMTS uses. Operators of WMTS transmitters must not use them for any purpose not set forth in § 95.2331 or in a manner prohibited in this section. ( a ) WMTS transmitters must not be operated in moving vehicles, such as ambulances, even if the vehicles are associated with a health care facility. ( b ) The operation of a wireless medical telemetry transmitter under this part is authorized anywhere within a health care facility provided the facility is located anywhere Personal Radio Service station operation is permitted under §§ 95.307 and 95.309 . Operation in any other area outside of such health care facilities is prohibited. ( c ) WMTS transmitters must not be used to transmit voice or video communications. Medical waveforms, such as electrocardiograms, are not considered to be video for the purpose of this section. §§ 95.2335-95.2345 [Reserved] § 95.2347 WMTS automatic control. Notwithstanding the provisions of § 95.347 , WMTS operations may be conducted under manual or automatic control. §§ 95.2349-95.2355 [Reserved] § 95.2357 WMTS duration of transmissions. WMTS operations may be conducted on a continuous basis, notwithstanding the provisions of § 95.357 . § 95.2359 [Reserved] § 95.2361 WMTS transmitter certification. ( a ) WMTS transmitters (transmitters that operate or are intended to operate in the WTMS) must be certified in accordance with this subpart and the provisions of part 2, subpart J of this chapter . ( b ) A grant of equipment certification for the WMTS will not be issued for any WMTS transmitter type that fails to comply with the applicable rules in this subpart. § 95.2363 WMTS frequency bands and channels. The channels listed in this section are allotted for shared use in the WMTS and channels will not be assigned for exclusive use of any entity. ( a ) WMTS transmitter types must operate in one or more of these frequency bands: ( 1 ) 608-614 MHz (co-primary); ( 2 ) 1395-1400 MHz (co-primary); or, ( 3 ) 1427-1429.5 MHz (co-primary) and 1429.5-1432 MHz (secondary), except at the locations listed in § 90.259(b)(4) of this chapter where WMTS transmitters may operate in the 1429-1431.5 MHz frequency band on a primary basis and in the 1427-1429 MHz and 1431.5-1432 MHz bands on a secondary basis. See note US350 to the Table of Frequency Allocations in § 2.106 of this chapter for additional details. ( b ) WMTS transmitter types utilizing broadband technologies (such as spread spectrum modulation) in the 608-614 MHz frequency band must be capable of using one or more of the following 1.5 MHz bandwidth channels (a maximum of 6 MHz bandwidth). Such transmitter types must be designed to use the minimum number of channels necessary to avoid harmful interference to other WMTS devices. ( 1 ) 608.0-609.5 MHz ( 2 ) 609.5-611.0 MHz ( 3 ) 611.0-612.5 MHz ( 4 ) 612.5-614.0 MHz ( c ) In the 1395-1400 MHz and 1427-1432 MHz bands, no specific channels are specified. Wireless medical telemetry devices may operate on any channel within the bands authorized for wireless medical telemetry use in this part. § 95.2365 WMTS frequency accuracy. Manufacturers of wireless medical telemetry devices are responsible for ensuring frequency accuracy such that all emissions are maintained within the designated bands of operation under all of the manufacturer's specified conditions. § 95.2367 [Reserved] § 95.2369 WMTS field strength limits. Each WMTS transmitter type must satisfy the field strength limits in this section. ( a ) For WMTS transmitter types operating in the 608-614 MHz band, the field strength of the transmitted signal must not exceed 200 mV/m, measured at a distance of 3 meters, using instrumentation with a CISPR quasi-peak detector. ( b ) For WMTS transmitter types operating in the 1395-1400 MHz and 1427-1432 MHz bands, the field strength of the transmitted signal must not exceed 740 mV/m, measured at 3 meters, using instrumentation with an averaging detector and a 1 MHz reference bandwidth. §§ 95.2371-95.2377 [Reserved] § 95.2379 WMTS unwanted emissions limits. Each WMTS transmitter type must be designed to comply with the requirements in this paragraph. ( a ) Unwanted emissions on frequencies below 960 MHz must not exceed 200 μ V/m, measured at a distance of 3 meters using measuring instrumentation with a CISPR quasi-peak detector. ( b ) Unwanted emissions on frequencies above 960 MHz must not exceed 500 μ V/m, measured at a distance of 3 meters using measuring equipment with an averaging detector and a 1 MHz measurement bandwidth. §§ 95.2381-95.2383 [Reserved] § 95.2385 WMTS RF exposure evaluation. Mobile and portable devices as defined in §§ 2.1091(b) and 2.1093(b) of this chapter operating in the WMTS are subject to radio frequency radiation exposure requirements as specified in §§ 1.1307(b) , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of WMTS devices must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. [ 85 FR 18151 , Apr. 1, 2020] §§ 95.2387-95.2391 [Reserved] § 95.2393 WMTS labeling requirements. Each WMTS device must be labeled with the following statement: “Operation of this equipment requires the prior coordination with a frequency coordinator designated by the FCC for the Wireless Medical Telemetry Service.” § 95.2395 WMTS disclosure. Manufacturers, installers and users of WMTS equipment are cautioned that the operation of this equipment could result in harmful interference to other nearby medical devices. §§ 95.2397-95.2499 [Reserved] Subpart I—Medical Device Radio Communications Service § 95.2501 Scope. This subpart contains rules that apply only to the Medical Device Radio Communications (MedRadio) Service. § 95.2503 Definitions, MedRadio. Duly authorized health care professional. A physician or other individual authorized under State or Federal law to provide health care services. Medical Body Area Network (MBAN). An MBAN is a low power network consisting of a MedRadio programmer/control transmitter and one or more medical body-worn devices all of which transmit or receive non-voice data or related device control commands for the purpose of measuring and recording physiological parameters and other patient information or performing diagnostic or therapeutic functions via radiated bi-directional or uni-directional electromagnetic signals Medical body-worn device. Apparatus that is placed on or in close proximity to the human body (e.g., within a few centimeters) for the purpose of performing diagnostic or therapeutic functions. Medical body-worn transmitter. A MedRadio transmitter intended to be placed on or in close proximity to the human body (e.g., within a few centimeters) used to facilitate communications with other medical communications devices for purposes of delivering medical therapy to a patient or collecting medical diagnostic information from a patient. Medical Device Radio Communications (MedRadio) Service. An ultra-low power radio service for the transmission of non-voice data for the purpose of facilitating diagnostic and/or therapeutic functions involving implanted and body-worn medical devices. Medical implant device. Apparatus that is placed inside the human body for the purpose of performing diagnostic or therapeutic functions. Medical implant event. An occurrence or the lack of an occurrence recognized by a medical implant device, or a duly authorized health care professional, that requires the transmission of data from a medical implant transmitter in order to protect the safety or well-being of the person in whom the medical implant transmitter has been implanted. Medical implant transmitter. A MedRadio transmitter in which both the antenna and transmitter device are designed to operate within a human body for the purpose of facilitating communications from a medical implant device. Medical Micropower Network (MMN). An ultra-low power wideband network consisting of a MedRadio programmer/control transmitter and medical implant transmitters, all of which transmit or receive non-voice data or related device control commands for the purpose of facilitating functional electric stimulation, a technique using electric currents to activate and monitor nerves and muscles. MedRadio channel. Any continuous segment of spectrum that is equal to the MedRadio emission bandwidth of the device with the largest bandwidth that is to participate in a MedRadio communications session. MedRadio communications session. A collection of transmissions, that may or may not be continuous, between MedRadio system devices. MedRadio emission bandwidth. The difference in frequency between the nearest points on either side of the carrier center frequency where the emission power is at least 20 dB below the maximum level of the modulated carrier power, measured using instrumentation employing a peak detector function and a resolution bandwidth approximately equal to 1% of the emission bandwidth. MedRadio equivalent isotropically radiated power (M-EIRP). Antenna input power times gain for free-space or in-tissue measurement configurations required for MedRadio equipment, expressed in Watts, where the gain is referenced to an isotropic radiator. MedRadio programmer/control transmitter. A MedRadio transmitter that operates or is designed to operate outside of a human body for the purpose of communicating with a receiver, or for triggering a transmitter, connected to a medical implant device or to a medical body-worn device used in the MedRadio Service; and which also typically includes a frequency monitoring system that initiates a MedRadio communications session. [ 82 FR 41104 , Aug. 29, 2017, as amended at 86 FR 53565 , Sept. 28, 2021] § 95.2505 MedRadio operator eligibility. Only the following persons are eligible to operate transmitters in the MedRadio Service: ( a ) Duly authorized health care professionals are permitted to operate MedRadio transmitters. ( b ) Individuals may also operate MedRadio transmitters that they use at the direction of a duly authorized health care professional. This includes medical devices that have been implanted in or placed on the body of the individual by, or under the direction of, a duly authorized health care professional. ( c ) Manufacturers of medical devices that include MedRadio transmitters, and their representatives, are eligible to operate MedRadio transmitters for the purpose of demonstrating such equipment to duly authorized health care professionals. § 95.2507 MBAN devices restricted to indoor operation within a health care facility. Use of Medical Body Area Network (MBAN) devices in the 2360-2390 MHz band is restricted to indoor operation within a health care facility registered with the MBAN frequency coordinator under § 95.2509 . For the purposes of this subpart, health care facilities are limited to hospitals and other establishments, both Federal and non-Federal, that offer services, facilities and beds for use beyond a 24 hour period in rendering medical treatment. § 95.2509 MBAN registration and frequency coordination. Operation of Medical Body Area Network (MBAN) devices is subject to the frequency coordination procedures in this section. ( a ) The FCC will designate a frequency coordinator(s) to manage the operation of medical body area networks by eligible health care facilities. ( b ) The frequency coordinator shall perform the following functions: ( 1 ) Register health care facilities that operate MBAN transmitters, maintain a database of these MBAN transmitter locations and operational parameters, and provide the FCC with information contained in the database upon request; ( 2 ) Determine if an MBAN is within line-of-sight of an Aeronautical Mobile Telemetry (AMT) receive facility in the 2360-2390 MHz band and coordinate MBAN operations with the designated AMT frequency coordinator, as specified in § 87.305 of this chapter ; ( 3 ) Notify a registered health care facility when an MBAN has to change frequency within the 2360-2390 MHz band or to cease operating in the band, consistent with a coordination agreement between the MBAN and AMT frequency coordinators; ( 4 ) Develop procedures to ensure that registered health care facilities operate an MBAN consistent with the coordination requirements under this section; and, ( 5 ) Identify the MBAN that is the source of interference in response to a complaint from the AMT coordinator and notify the health care facility of alternative frequencies available for MBAN use or to cease operation consistent with the rules. ( c ) Registration. Prior to operating MBAN devices that are capable of operation in the 2360-2390 MHz band, a health care facility must register with a frequency coordinator designated under § 95.2509 . Operation of MBAN devices in the 2360-2390 MHz band is prohibited prior to the MBAN coordinator notifying the health care facility that registration and coordination (to the extent coordination is required under paragraph (e) of this section) is complete. The registration must include the following information: ( 1 ) Specific frequencies or frequency range(s) within the 2360-2390 MHz band to be used, and the capabilities of the MBAN equipment to use the 2390-2400 MHz band; ( 2 ) Equivalent isotropically radiated power; ( 3 ) Number of MedRadio programmer/control transmitters in use at the health care facility as of the date of registration, including manufacturer name(s) and model number(s) and FCC identification number(s); ( 4 ) Legal name of the health care facility; ( 5 ) Location of MedRadio programmer/control transmitters (e.g., geographic coordinates, street address, building); ( 6 ) Point of contact for the health care facility (e.g., name, title, office address, phone number, fax number, email address); and, ( 7 ) In the event that an MBAN has to cease operating in all or a portion of the 2360-2390 MHz band due to interference under § 95.2525 or changes in coordination under paragraph (e) of this section, a point of contact (including contractors) for the health care facility that is responsible for ensuring that this change is effected whenever it is required (e.g., name, title, office address, phone number, fax number, email address). The health care facility also must state whether, in such cases, its MBAN operation is capable of defaulting to the 2390-2400 MHz band and that it is responsible for ceasing MBAN operations in the 2360-2390 MHz band or defaulting traffic to other hospital systems. ( d ) Notification. A health care facility shall notify the MBAN frequency coordinator whenever an MBAN programmer/control transmitter in the 2360-2390 MHz band is permanently taken out of service, unless it is replaced with transmitter(s) using the same technical characteristics as those reported on the health care facility's registration, which will cover the replacement transmitter(s). A health care facility shall keep the information contained in each registration current and shall notify the MBAN frequency coordinator of any material change to the MBAN's location or operating parameters. In the event that the health care facility proposes to change the MBAN's location or operating parameters, the MBAN coordinator must first evaluate the proposed changes and comply with paragraph (e) of this section as appropriate before the health care facility may operate the MBAN in the 2360-2390 MHz band under changed operating parameters. ( e ) Coordination procedures. The MBAN coordinator will determine if an MBAN is within the line-of-sight of an AMT receive facility in the 2360-2390 MHz band and notify the health care facility when it may begin MBAN operations under the applicable procedures below. ( 1 ) If the MBAN is beyond the line-of-sight of an AMT receive facility, it may operate without prior coordination with the AMT coordinator, provided that the MBAN coordinator provides the AMT coordinator with the MBAN registration information and the AMT frequency coordinator concurs that the MBAN is beyond the line-of-sight prior to the MBAN beginning operations in the band. ( 2 ) If the MBAN is within line-of-sight of an AMT receive facility, the MBAN frequency coordinator shall achieve a mutually satisfactory coordination agreement with the AMT frequency coordinator prior to the MBAN beginning operations in the band. Such coordination agreement shall provide protection to AMT receive stations consistent with International Telecommunication Union (ITU) Recommendation ITU-R M.1459, “Protection criteria for telemetry systems in the aeronautical mobile service and mitigation techniques to facilitate sharing with geostationary broadcasting-satellite and mobile-satellite services in the frequency bands 1 452-1 525 and 2 310-2 360 MHz,” May 2000, as adjusted using generally accepted engineering practices and standards that are mutually agreeable to both coordinators to take into account the local conditions and operating characteristics of the applicable AMT and MBAN facilities, and shall specify when the device shall limit its transmissions to segments of the 2360-2390 MHz band or must cease operation in the band. This ITU document is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . To enforce any edition other than that specified in this section, the Federal Communications Commission must publish a document in the Federal Register and the material must be available to the public. Copies of the recommendation may be obtained from ITU, Place des Nations, 1211 Geneva 20, Switzerland, or online at http://www.itu.int/en/publications/Pages/default.aspx . You may inspect a copy at the Federal Communications Commission, 445 12th Street SW, Washington, DC 20554, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html . “Generally accepted engineering practices and standards” include, but are not limited to, engineering analyses and measurement data as well as limiting MBAN operations in the band by time or frequency. ( 3 ) If an AMT operator plans to operate a receive site not previously analyzed by the MBAN coordinator to determine line-of-sight to an MBAN facility, the AMT operator shall consider using locations that are beyond the line-of-sight of a registered health care facility. If the AMT operator determines that non-line-of-sight locations are not practical for its purposes, the AMT coordinator shall notify the MBAN coordinator upon no less than 7 days notice that the registered health care facility must cease MBAN operations in the 2360-2390 MHz band, unless the parties can achieve a mutually satisfactory coordination agreement under paragraph (e)(2) of this section. ( f ) Coordinator functions. The MBAN frequency coordinator shall: ( 1 ) Provide registration and coordination of MBAN operations to all eligible health care facilities on a non-discriminatory basis; ( 2 ) Provide MBAN registration and coordination services on a not-for-profit basis; ( 3 ) Notify the FCC of its intent to no longer serve as frequency coordinator at least six months prior to ceasing to perform these functions; and ( 4 ) Transfer the MBAN registration data in usable form to a frequency coordinator designated by the FCC if it ceases to be the coordinator. [ 82 FR 41104 , Aug. 29, 2017, as amended at 85 FR 64411 , Oct. 13, 2020; 86 FR 53565 , Sept. 28, 2021] §§ 95.2511-95.2521 [Reserved] § 95.2523 MedRadio transmitter inspection. Any non-implanted MedRadio transmitter must be made available for inspection upon request by an authorized FCC representative. Persons operating implanted or body-worn MedRadio transmitters shall cooperate reasonably with duly authorized FCC representatives in the resolution of interference. § 95.2525 MedRadio interference. ( a ) To reduce interference and make the most efficient use of the authorized facilities, MedRadio transmitters must share the spectrum in accordance with § 95.2559 . ( b ) MedRadio operations must not cause harmful interference to, and must accept any interference from, stations operating in the 400.150-406.000 MHz band in the Meteorological Aids, Meteorological Satellite or Earth Exploration Satellite Services, and other authorized stations operating in the 413-419 MHz, 426-432 MHz, 438-444 MHz, 451-457 MHz, and 2360-2400 MHz bands. MedRadio programmer/control transmitters must have the ability to operate in the presence of primary and secondary users in the 413-419 MHz, 426-432 MHz, 438-444 MHz, 451-457 MHz, and 2360-2400 MHz bands. §§ 95.2527-95.2529 [Reserved] § 95.2531 Permissible MedRadio uses. MedRadio programmer/control transmitters may be operated only for the uses set forth in this section. ( a ) MedRadio programmer/control transmitters may transmit only non-voice data containing operational, diagnostic and therapeutic information associated with a medical implant device or medical body-worn device that has been implanted or placed on the person by or under the direction of a duly authorized health care professional. ( b ) MedRadio programmer/control transmitters may be operated for the purposes of testing and demonstrating MedRadio operation to health care professionals. § 95.2533 Prohibited MedRadio uses. MedRadio Service transmitters must not be operated for uses other than those set forth in § 95.2531 . ( a ) Voice communications are prohibited in the MedRadio Service. ( b ) MedRadio programmer/control transmitters may not be used to relay information in the 401-406 MHz band to a receiver that is not included with a medical implant or medical body-worn device. Wireless retransmission of information intended to be transmitted by a MedRadio programmer/control transmitter or information received from a medical implant or medical body-worn transmitter shall be performed using other radio services that operate in spectrum outside of the 401-406 MHz band. ( c ) MedRadio programmer/control transmitters and medical implant transmitters may not be used to relay information in the 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands to a receiver that is not a part of the same Medical Micropower Network (MMN). Wireless retransmission of information to a receiver that is not part of the same MMN must be performed using other radio services that operate in spectrum outside of the 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands. Notwithstanding the above restrictions, a MedRadio programmer/control transmitter of an MMN may communicate with a MedRadio programmer/control transmitter of another MMN to coordinate transmissions, so as to avoid interference between the two MMNs. ( d ) Medical body-worn transmitters may relay only information in the 2360-2400 MHz band to a MedRadio programmer/control transmitter or another medical body-worn transmitter device that is part of the same Medical Body Area Network (MBAN). A MedRadio programmer/control transmitter must not be used to relay information in the 2360-2400 MHz band to other MedRadio programmer/control transmitters. Wireless retransmission of all other information from an MBAN transmitter to a receiver that is not a part of the same MBAN shall be performed using other radio services that operate in spectrum outside of the 2360-2400 MHz band. Notwithstanding the above restriction, a MedRadio programmer/control transmitter in the 2360-2400 MHz band may communicate with another MedRadio programmer/control transmitter in the 2360-2400 MHz band to coordinate transmissions so as to avoid interference between the two MBANs. ( e ) Except as provided in § 95.2559(b) , no MedRadio implant or body-worn transmitter shall transmit except in response to— ( 1 ) A transmission from a MedRadio programmer/control transmitter; or ( 2 ) A non-radio frequency actuation signal generated by a device external to the body with respect to which the MedRadio implant or body-worn transmitter is used. [ 82 FR 41104 , Aug. 29, 2017, as amended at 86 FR 53566 , Sept. 28, 2021] § 95.2535 MedRadio equipment certification exception. Non-certified medical implant or medical body-worn transmitters that are not marketed for use in the United States, but which otherwise comply with the technical requirements in this subpart, may be used by individuals who travel to the United States. §§ 95.2537-95.2539 [Reserved] § 95.2541 MedRadio outdoor antenna restrictions. The antenna for a MedRadio transmitter, other than a MedRadio transmitter operating in the 2390-2400 MHz band, must not be configured for permanent outdoor use. Furthermore, except for MedRadio operations in the 2390-2400 MHz band, any MedRadio antenna used outdoors must not be affixed to any structure for which the height to the tip of the antenna would exceed three meters (9.8 feet) above ground level. §§ 95.2543-95.2545 [Reserved] § 95.2547 MedRadio automatic control. Notwithstanding the provisions of § 95.347 , MedRadio transmitters may be operated under automatic control or manual control. § 95.2549 MedRadio network connection. MedRadio programmer/control transmitters may be interconnected with other telecommunications systems including the public switched network. §§ 95.2551-95.2555 [Reserved] § 95.2557 MedRadio duration of transmissions. For the purpose of facilitating MedRadio system operation during a MedRadio communications session, the duration of transmissions is to be limited in accordance with this section. ( a ) MedRadio transmitters may transmit in the 401-406 MHz band in accordance with the provisions of § 95.2559(a) for no more than 5 seconds without the communications of data. ( b ) MedRadio transmitters may transmit in the 401-406 MHz band in accordance with the provisions of § 95.2559(b)(2) and § 95.2559(b)(3) for no more than 3.6 seconds in total within a one hour time period. ( c ) MedRadio transmitters may transmit in the 401-406 MHz band in accordance with the provisions of § 95.2559(b)(4) for no more than 360 milliseconds in total within a one hour time period. ( d ) MedRadio programmer/control transmitters operating in the 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands shall not transmit with a duty cycle greater than 3 percent. [ 82 FR 41104 , Aug. 29, 2017, as amended at 86 FR 53566 , Sept. 28, 2021] § 95.2559 MedRadio channel access requirements. To reduce interference and make the most effective use of the MedRadio frequency bands, MedRadio transmitter types must be designed to operate in accordance with the rules in this section. ( a ) Frequency monitoring in the 401-406 MHz band. Except as provided in paragraph (b) of this section, all MedRadio programmer/control transmitters operating in the 401-406 MHz band must operate under the control of a monitoring system that incorporates a mechanism for monitoring the channel or channels that the MedRadio system devices intend to occupy. The monitoring system antenna shall be the antenna normally used by the programmer/control transmitter for a MedRadio communications session. Before the monitoring system of a programmer/control transmitter initiates a MedRadio communications session, the following access criteria must be met: ( 1 ) The monitoring system bandwidth, measured at its 20 dB down points, must be equal to or greater than the MedRadio emission bandwidth of the intended transmission. ( 2 ) Within 5 seconds prior to initiating a MedRadio communications session, circuitry associated with a MedRadio programmer/control transmitter must monitor the channel or channels the system devices intend to occupy for a minimum of 10 milliseconds per channel. ( 3 ) The monitoring threshold power level, P MT, in dBm, is calculated using the following formula. P MT = 10 log B−150 (dBm/Hz) + G Where: ( i ) B is the MedRadio emission bandwidth in Hertz of the MedRadio communications session transmitter having the widest emission; and, ( ii ) G is the MedRadio programmer/control transmitter monitoring system antenna gain, in decibels, relative to the gain of an isotropic antenna (dBi). ( 4 ) For the purposes of showing compliance with the above provisions, the above calculated threshold power level must be increased or decreased by an amount equal to the monitoring system antenna gain above or below the gain of an isotropic antenna, respectively. ( 5 ) If no signal above the monitoring threshold power level is detected in a MedRadio channel, the MedRadio programmer/control transmitter may initiate on that channel a MedRadio communications session involving transmissions to and from a medical implant or medical body-worn device. The MedRadio communications session may continue as long as any silent period between consecutive data transmission bursts does not exceed 5 seconds. If no channel meeting the requirements in paragraphs (a)(3) and (4) of this section is available, MedRadio transmitters that are capable of operating on multiple channels may transmit on the alternate channel accessible by the device with the lowest monitored ambient power level. ( 6 ) When a channel is selected prior to a MedRadio communications session, it is permissible to select an alternate channel for use if communications are interrupted, provided that the alternate channel selected is the next best choice using the criteria specified in paragraphs (a)(1) through (5) of this section. The alternate channel may be accessed in the event a communications session is interrupted by interference. The following criteria must be met: ( i ) Before transmitting on the alternate channel, the channel must be monitored for a period of at least 10 milliseconds. ( ii ) The detected power level during this 10 millisecond or greater monitoring period must be no higher than 6 dB above the power level detected when the channel was chosen as the alternate channel. ( iii ) In the event that this alternate channel provision is not used by the MedRadio system, or if the criteria in paragraphs (i) and (ii) of this section are not met, a channel must be selected using the access criteria specified in paragraphs (a)(1) through (5) of this section. ( 7 ) Except as provided in paragraph (b) of this section, MedRadio transmitters that operate on a single channel and thus do not have the capability of operating on alternate channels may not transmit unless no signal on the single channel of operation exceeds the monitoring threshold power level. ( b ) Exceptions to frequency monitoring in the 401-406 MHz band. MedRadio devices or communications sessions that meet any one of the following criteria are not required to be operated in accordance with the access rules set forth in paragraph (a) of this section: ( 1 ) MedRadio communications sessions that are initiated by a medical implant event. ( 2 ) MedRadio devices operating in either the 401-401.85 MHz or 405-406 MHz bands, provided that the transmit power is not greater than 250 nanowatts EIRP and the duty cycle for such transmissions does not exceed 0.1%, based on the total transmission time during a one-hour interval, and a maximum of 100 transmissions per hour. ( 3 ) MedRadio devices operating in the 401.85-402 MHz band, provided that the transmit power is not greater than 25 microwatts EIRP and the duty cycle for such transmissions does not exceed 0.1%, based on the total transmission time during a one-hour interval, and a maximum of 100 transmissions per hour. ( 4 ) MedRadio devices operating with a total emission bandwidth not exceeding 300 kHz, centered at 403.65 MHz, provided that the transmit power is not greater than 100 nanowatts EIRP and the duty cycle for such transmissions does not exceed 0.01%, based on the total transmission time during a one-hour interval and a maximum of 10 transmissions per hour. ( c ) Shared access. The provisions of this section shall not be used to extend the range of spectrum occupied over space or time for the purpose of denying fair access to spectrum for other MedRadio systems. ( d ) Frequency monitoring in the 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands. MedRadio programmer/control transmitters must incorporate a mechanism for monitoring the authorized bandwidth of the frequency band that the MedRadio transmitters intend to occupy. The monitoring system antenna shall be the same antenna used by the programmer/control transmitter for a communications session. ( 1 ) The MedRadio programmer/control transmitter shall be capable of monitoring any occupied frequency band at least once every second and monitoring alternate frequency bands within two seconds prior to executing a change to an alternate frequency band. ( 2 ) The MedRadio programmer/control transmitter shall move to another authorized frequency band within one second of detecting a persistent ( i.e., lasting more than 50 milliseconds) signal level greater than −60 dBm as received by a 0 dBi gain antenna in any 12.5 kHz bandwidth within the authorized bandwidth. ( 3 ) The MedRadio programmer/control transmitter shall be capable of monitoring the authorized bandwidth of the occupied frequency band to determine whether either direction of the communications link is becoming degraded to the extent that communications is likely to be lost for more than 45 milliseconds. Upon making such a determination the MedRadio programmer/control transmitter shall move to another authorized frequency band. ( e ) System shutdown. MedRadio transmitters shall incorporate a programmable means to implement a system shutdown process in the event of communication failure, on command from the MedRadio programmer/control transmitter, or when no authorized alternate frequency band is available. The shutdown process shall commence within 45 milliseconds after loss of the communication link or receipt of the shutdown command from the MedRadio programmer/control transmitter. This requirement does not apply to MedRadio operations in the 401-406 MHz band. ( f ) Requirements for MBANs. A MedRadio programmer/control transmitter and its associated medical body-worn transmitters shall not commence operating in, and shall automatically cease operating in, the 2360-2390 MHz band if the programmer/control transmitter does not receive, in accordance with the protocols specified by the manufacturer, a control message permitting such operation. Medical body-worn transmitters shall cease operating in 2360-2390 MHz if they lose communication with their associated programmer/control transmitter. Additionally, a MedRadio programmer/control transmitter and its associated medical body-worn transmitters operating in the 2360-2390 MHz band shall comply with a control message that notifies the devices to limit transmissions to segments of the 2360-2390 MHz band or to cease operation in the band. [ 82 FR 41104 , Aug. 29, 2017, as amended at 86 FR 53566 , Sept. 28, 2021] § 95.2561 MedRadio transmitter certification. ( a ) Except as provided § 95.2535 , each MedRadio transmitter (a transmitter that operates or is intended to operate as a station in the MedRadio Service) must be certified in accordance with this sub part and part 2 of this chapter . ( b ) A grant of equipment certification for the MedRadio Service will not be issued for any MedRadio transmitter type that fails to comply with all of the applicable rules in this subpart. § 95.2563 MedRadio frequency bands. MedRadio transmitters operate in the 401-406 MHz, 413-419 MHz, 426-432 MHz, 438-444 MHz, 451-457 MHz, and 2360-2400 MHz bands. The FCC does not specify a channeling scheme for MedRadio systems. ( a ) MedRadio transmitters associated with medical implant devices, which incorporate a frequency monitoring system as set forth in § 95.2559(a) , may transmit on any frequency in the 401-406 MHz band. ( b ) MedRadio transmitters associated with medical implant devices, which do not incorporate a frequency monitoring system as set forth in § 95.2559(a) , may transmit on any frequency in the 401-402 MHz or 405-406 MHz bands, or on the frequency 403.65 MHz in the 402-405 MHz band. ( c ) MedRadio transmitters associated with medical body-worn devices, regardless of whether a frequency monitoring system as set forth in § 95.2559(a) is employed, may transmit on any frequency in the 401-402 MHz or 405-406 MHz bands. ( d ) MedRadio transmitters that are used externally to evaluate the efficacy of a more permanent medical implant device, regardless of whether a frequency monitoring system as set forth in § 95.2559(a) is employed, may operate on any frequency in the 402-405 MHz band, provided that: ( 1 ) Such external body-worn operation is limited solely to evaluating with a patient the efficacy of a fully implanted permanent medical device that is intended to replace the temporary body-worn device; ( 2 ) RF transmissions from the external device must cease following the patient evaluation period, which may not exceed 30 days, except where a health care practitioner determines that additional time is necessary due to unforeseen circumstances; ( 3 ) The maximum output power of the temporary body-worn device must not exceed 200 nW EIRP; and ( 4 ) The temporary body-worn device must comply fully with all other MedRadio rules applicable to medical implant device operation in the 402-405 MHz band. ( e ) Only MedRadio transmitters that are part of a Medical Micropower Network (MMN) may operate in the 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands. Each MedRadio transmitter that is part of an MMN must be capable of operating in each of the following bands: 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz. All MedRadio transmitters that are part of a single MMN must operate in the same band. ( f ) Only MedRadio transmitters that are part of a Medical Body Area Network (MBAN) may operate in the 2360-2400 MHz band. § 95.2565 MedRadio frequency accuracy. Each MedRadio transmitter type must be designed to maintain a frequency stability of ±100 ppm of the operating frequency over the applicable temperature range set forth in this section. Frequency stability testing shall be performed over the appropriate temperature range. ( a ) 25 °C to 45 °C in the case of medical implant transmitters; and ( b ) 0 °C to 55 °C in the case of MedRadio programmer/control transmitters and medical body-worn transmitters. § 95.2567 MedRadio radiated power limits. Each MedRadio transmitter type must be designed such that the MedRadio equivalent isotropically radiated power (M-EIRP) does not exceed the limits in this section. Compliance with these limits must be determined as set forth in § 95.2569 . ( a ) Transmitters subject to frequency monitoring—401-406 MHz. For MedRadio transmitters that are not excepted under § 95.2559(b) from the frequency monitoring requirements of § 95.2559(a) : ( 1 ) The M-EIRP within any 300 kHz bandwidth within the 402-405 MHz band must not exceed 25 microwatts. ( 2 ) The M-EIRP within any 100 kHz bandwidth within the 401-402 MHz or 405-406 MHz bands must not exceed 25 microwatts. ( b ) Transmitters excepted from frequency monitoring—401-402 MHz and 405-406 MHz. For MedRadio transmitters that are excepted under § 95.2559(b)(2) or (3) from the frequency monitoring requirements of § 95.2559(a) : ( 1 ) The M-EIRP of any transmitter operating in the 401-401.85 MHz or 405-406 MHz bands must not exceed 250 nanowatts in any 100 kHz bandwidth. ( 2 ) The M-EIRP of any transmitter operating in the 401.85-402 MHz band must not exceed 25 microwatts in any 150 kHz bandwidth. ( c ) Transmitters excepted from frequency monitoring—403.65 MHz. For MedRadio transmitters that are excepted under § 95.2559(b)(4) from the frequency monitoring requirements of § 95.2559(a) , the M-EIRP must not exceed 100 nanowatts in the 300 kHz bandwidth centered at 403.65 MHz. ( d ) Transmitters—other frequency bands. For MedRadio transmitters operating in the 413-419 MHz, 426-432 MHz, 438-444 MHz, or 451-457 MHz bands: ( 1 ) The peak M-EIRP over the frequency bands of operation must not exceed the lesser of zero dBm (1 mW) or 10 log (B)−7.782 dBm, where B is the MedRadio 20 dB emission bandwidth in megahertz. ( 2 ) The peak power spectral density must not exceed 800 microwatts per megahertz in any one megahertz band. ( e ) Transmitters—2360-2390 MHz band. For MedRadio transmitters operating in the 2360-2390 MHz band, the M-EIRP over the bands of operation must not exceed the lesser of zero dBm (1 mW) or 10 log (B) dBm, where B is the MedRadio 20 dB emission bandwidth in megahertz. ( f ) Transmitters—2390-2400 MHz band. For MedRadio transmitters operating in the 2390-2400 MHz band, the M-EIRP over the bands of operation must not exceed the lesser of 13 dBm (20 mW) or 16 + 10 log (B) dBm, where B is the MedRadio 20 dB emission bandwidth in megahertz. § 95.2569 MedRadio field strength measurements. Compliance with MedRadio equivalent isotropic radiated power (M-EIRP) limits can be determined by measuring the radiated field strength from the transmitter type, in accordance with the rules in this section. ( a ) Radiated field strength values corresponding to the M-EIRP limits in § 95.2567 are given in the table in this paragraph, for an open area test site, and for a test site equivalent to free space, such as a fully anechoic test chamber. Field strength is measured at a distance of 3 meters from the equipment under test. M-EIRP limit Open area (mV/m) Free space (mV/m) 1 mW 115.1 57.55 25 μW 18.2 9.1 250 nW 1.8 0.9 100 nW 1.2 0.6 ( b ) Compliance with the maximum transmitter power requirements in § 95.2567 is based on measurements using a peak detector function and measured over an interval of time when transmission is continuous and at its maximum power level. In lieu of using a peak detector function, measurement procedures that have been found to be acceptable to the FCC in accordance with § 2.947 of this chapter may be used to demonstrate compliance. ( c ) For a MedRadio transmitter intended to be implanted in a human body, radiated emissions and M-EIRP measurements for transmissions by stations authorized under this section may be made in accordance with an FCC-approved human body simulator and test technique. Guidance regarding dielectric parameters for the tissue-equivalent material can be found in the Office of Engineering and Technology (OET) Laboratory Division Knowledge Database (KDB). [ 82 FR 41104 , Aug. 29, 2017, as amended at 86 FR 53566 , Sept. 28, 2021] § 95.2571 MedRadio emission types. A MedRadio station may transmit any emission type appropriate for communications in this service. Voice communications, however, are prohibited. § 95.2573 MedRadio authorized bandwidths. Each MedRadio transmitter type must be designed such that the MedRadio emission bandwidth (as defined in § 95.2503 ) does not exceed the applicable limits set forth in this section. ( a ) For MedRadio transmitters operating in the 402-405 MHz band, the maximum MedRadio emission bandwidth is 300 kHz. Such transmitters must not use more than 300 kHz of bandwidth (total) during a MedRadio communications session. This provision does not preclude full duplex or half duplex communications provided that the total bandwidth of all of the channels employed in a MedRadio communications session does not exceed 300 kHz. ( b ) For MedRadio transmitters operating in the 401-401.85 MHz band or the 405-406 MHz band, the maximum MedRadio emission bandwidth is 100 kHz. Such transmitters must not use more than 100 kHz of bandwidth (total) during a MedRadio communications session. This provision does not preclude full duplex or half duplex communications provided that the total bandwidth of all of the channels employed in a MedRadio communications session does not exceed 100 kHz. ( c ) For MedRadio transmitters operating in the 401.85-402 MHz band, the maximum MedRadio emission bandwidth is 150 kHz. Such transmitters must not use more than 150 kHz of bandwidth (total) during a MedRadio communications session. This provision does not preclude full duplex or half duplex communications, provided that the total bandwidth of all of the channels employed in a MedRadio communications session does not exceed 150 kHz. ( d ) For MedRadio transmitters operating in the 413-419 MHz, 426-432 MHz, 438-444 MHz or 451-457 MHz bands, the maximum MedRadio emission bandwidth is 6 MHz. ( e ) For MedRadio transmitters operating in the 2360-2400 MHz band, the maximum MedRadio emission bandwidth is 5 MHz. ( f ) Lesser emission bandwidths may be employed, provided that the unwanted emissions are attenuated as provided in § 95.2579 . See also § 95.2567 regarding maximum radiated power limits, § 95.2565 on frequency accuracy, § 95.2569 on field strength measurements, and § 95.2585 on RF exposure. [ 86 FR 53566 , Sept. 28, 2021] §§ 95.2575-95.2577 [Reserved] § 95.2579 MedRadio unwanted emissions limits. Unwanted emission field strength limits and attenuation requirements apply to each MedRadio transmitter type, as set forth in this section and part 2. ( a ) Field strength limits. The field strengths of unwanted emissions from each MedRadio transmitter type, measured at a distance of 3 meters, must not exceed the field strength limits shown in the table in this paragraph for the indicated frequency ranges, if the frequencies of these emissions are: ( 1 ) More than 250 kHz outside of the 402-405 MHz band (for devices designed to operate in the 402-405 MHz band); ( 2 ) More than 100 kHz outside of either the 401-402 MHz or 405-406 MHz bands (for devices designed to operate in the 401-402 MHz or 405-406 MHz bands); ( 3 ) In the 406.000-406.100 MHz band (for devices designed to operate in the 401-402 MHz or 405-406 MHz bands); or ( 4 ) More than 2.5 MHz outside of the 413-419 MHz, 426-432 MHz, 438-444 MHz or 451-457 MHz bands (for devices designed to operate in these four bands). ( 5 ) More than 2.5 MHz outside of the 2360-2400 MHz band (for devices designed to operate in the 2360-2400 MHz band). Frequency range (MHz) Field strength (μV/m) 30-88 100 88-216 150 216-960 200 960 and above 500 Note to table in paragraph (a)(5): At the boundaries between frequency ranges, the tighter limit (lower field strength) applies. Below 1 GHz, field strength is measured using a CISPR quasi-peak detector. Above 1 GHz, field strength is measured using an average detector with a minimum reference bandwidth of 1 MHz. See also part 2, subpart J of this chapter . ( b ) Harmonic emissions. Radiated unwanted emissions from a MedRadio transmitter type must be measured to at least the tenth harmonic of the highest fundamental frequency emitted. ( c ) Attenuation requirements, 402-405 MHz. For MedRadio transmitter types designed to operate in the 402-405 MHz band, unwanted emissions must be attenuated below the maximum permitted transmitter output power by at least: ( 1 ) 20 dB, on any frequency within the 402-405 MHz band that is more than 150 kHz away from the center frequency of the MedRadio channel the transmission is intended to occupy; ( 2 ) 20 dB, on any frequency between 401.750 MHz and 402.000 MHz, and on any frequency between 405 MHz and 405.250 MHz. ( d ) Attenuation requirements, 401-402 MHz, 405-406 MHz. For MedRadio transmitter types designed to operate in the 401-402 MHz band or 405-406 MHz band, the power of unwanted emissions must be attenuated below the maximum permitted transmitter output power by at least: ( 1 ) 20 dB, on any frequency within the 401-401.85 MHz or 405-406 MHz bands that is: ( i ) More than 75 kHz away from the center frequency of the MedRadio channel the transmission is intended to occupy if the MedRadio transmitter type is operating on a frequency between 401.85 and 402 MHz; or, ( ii ) More than 50 kHz away from the center frequency of the MedRadio channel the transmission is intended to occupy and 100 kHz or less below 401 MHz or above 406 MHz. ( 2 ) 20 dB, on any frequency between 400.900 MHz and 401.000 MHz, and on any frequency between 406.000 MHz and 406.100 MHz. ( e ) Attenuation requirements, 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz. For MedRadio transmitter types designed to operate in the 413-419 MHz, 426-432 MHz, 438-444 MHz and 451-457 MHz bands: In the first 2.5 megahertz above or below any of the frequency bands authorized for Medical Micropower Network operation, the EIRP of any unwanted emission must be attenuated within a 1 megahertz bandwidth by at least 20 dB relative to the maximum EIRP within any 1 megahertz bandwidth of the fundamental emission. ( f ) Attenuation requirements, 2360-2400 MHz. For MedRadio transmitter types designed to operate in the 2360-2400 MHz band: In the first 2.5 megahertz above or below any of the frequency bands authorized for MBAN operation, the EIRP of any unwanted emission must be attenuated within a 1 megahertz bandwidth by at least 20 dB relative to the maximum EIRP within any 1 megahertz bandwidth of the fundamental emission. ( g ) Measurements. Compliance with the limits in paragraphs (c) , (d) and (e) of this section is based on the use of measurement instrumentation using a peak detector function with an instrument resolution bandwidth approximately equal to 1.0 percent of the emission bandwidth of the device under measurement. [ 82 FR 41104 , Aug. 29, 2017, as amended at 86 FR 53566 , Sept. 28, 2021] §§ 95.2581-95.22583 [Reserved] § 95.2585 MedRadio RF exposure evaluation. A MedRadio medical implant device or medical body-worn transmitter is subject to the radiofrequency radiation exposure requirements specified in §§ 1.1307(b) and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of devices operating under this section must demonstrate compliance with these requirements using either computational modeling or laboratory measurement techniques. Where a showing is based on computational modeling, the Commission retains the discretion to request that supporting documentation and/or specific absorption rate (SAR) measurement data be submitted, as described in § 2.1093(d)(1) of this chapter . [ 85 FR 18151 , Apr. 1, 2020] § 95.2587 MedRadio additional requirements. ( a ) The antenna associated with any MedRadio transmitter must be supplied with the transmitter and is considered part of the transmitter subject to equipment authorization. ( b ) MedRadio transmitters shall be tested for frequency stability, radiated emissions and EIRP limit compliance in accordance with applicable rules. § 95.2589 [Reserved] § 95.2591 MedRadio marketing limitations. Transmitters intended for operation in the MedRadio Service may be marketed and sold only for the use in accordance with § 95.2531 . § 95.2593 MedRadio labeling requirements. MedRadio transmitters must be labeled in accordance with the requirements in this section. ( a ) MedRadio programmer/control transmitters operating in the 401-406 MHz band shall be labeled as provided in part 2 of this chapter and shall bear the following statement in a conspicuous location on the device: This device may not interfere with stations operating in the 400.150-406.000 MHz band in the Meteorological Aids, Meteorological Satellite, and Earth Exploration Satellite Services and must accept any interference received, including interference that may cause undesired operation. ( b ) MedRadio programmer/control transmitters operating in the 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands shall be labeled as provided in part 2 of this chapter and shall bear the following statement in a conspicuous location on the device: This device may not interfere with stations authorized to operate on a primary basis in the 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands, and must accept any interference received, including interference that may cause undesired operation. ( c ) MedRadio programmer/control transmitters operating in the 2360-2400 MHz band shall be labeled as provided in part 2 of this chapter and shall bear the following statement in a conspicuous location on the device: This device may not interfere with stations authorized to operate on a primary basis in the 2360-2400 MHz band, and must accept any interference received, including interference that may cause undesired operation. ( d ) If it is not feasible to place the statement specified by paragraph (a) , (b) , or (c) of this section on the device, it may be placed in the instruction manual for the transmitter instead. ( e ) If a MedRadio programmer/control transmitter is constructed in two or more sections connected by wire and marketed together, the statement specified in this section is required to be affixed only to the main control unit. ( f ) MedRadio transmitters shall be identified with a serial number on each device, except as noted in paragraphs (f)(1) and (2) of this section. ( 1 ) For MedRadio transmitters that operate in the 2360-2400 MHz band, only the programmer/control transmitter shall be identified with a serial number. ( 2 ) The FCC ID number associated with a medical implant transmitter and the information required by § 2.925 of this chapter may be placed in the instruction manual for the transmitter and on the shipping container for the transmitter, in lieu of being placed directly on the transmitter. § 95.2595 MedRadio disclosures. Manufacturers of MedRadio transmitters must include with each transmitting device the statement set forth in this section that applies to the frequency bands in use. ( a ) For MedRadio transmitters operating in the 401-406 MHz band, the following statement applies: This transmitter is authorized by rule under the Medical Device Radiocommunication Service (in part 95 of the FCC Rules) and must not cause harmful interference to stations operating in the 400.150-406.000 MHz band in the Meteorological Aids ( i.e., transmitters and receivers used to communicate weather data), the Meteorological Satellite, or the Earth Exploration Satellite Services and must accept interference that may be caused by such stations, including interference that may cause undesired operation. This transmitter shall be used only in accordance with the FCC Rules governing the Medical Device Radiocommunication Service. Analog and digital voice communications are prohibited. Although this transmitter has been approved by the Federal Communications Commission, there is no guarantee that it will not receive interference or that any particular transmission from this transmitter will be free from interference. ( b ) For MedRadio transmitters operating in the 413-419 MHz, 426-432 MHz, 438-444 MHz and 451-457 MHz bands, the following statement applies: This transmitter is authorized by rule under the MedRadio Service ( 47 CFR part 95 ). This transmitter must not cause harmful interference to stations authorized to operate on a primary basis in the 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands, and must accept interference that may be caused by such stations, including interference that may cause undesired operation. This transmitter shall be used only in accordance with the FCC Rules governing the MedRadio Service. Analog and digital voice communications are prohibited. Although this transmitter has been approved by the Federal Communications Commission, there is no guarantee that it will not receive interference or that any particular transmission from this transmitter will be free from interference. ( c ) For MedRadio transmitters operating in the 2360-2400 MHz band, the following statement applies: This transmitter is authorized by rule under the MedRadio Service ( 47 CFR part 95 ). This transmitter must not cause harmful interference to stations authorized to operate on a primary basis in the 2360-2400 MHz band, and must accept interference that may be caused by such stations, including interference that may cause undesired operation. This transmitter shall be used only in accordance with the FCC Rules governing the MedRadio Service. Analog and digital voice communications are prohibited. Although this transmitter has been approved by the Federal Communications Commission, there is no guarantee that it will not receive interference or that any particular transmission from this transmitter will be free from interference. §§ 95.2597-95.2699 [Reserved] Subpart J—Multi-Use Radio Service § 95.2701 Scope. This subpart contains rules that apply only to the Multi-Use Radio Service (MURS). § 95.2703 Definitions, MURS. MURS. A two-way, short distance voice or data communication service for facilitating personal or business activities of the general public. § 95.2705 Grandfathered MURS stations. MURS stations that were licensed under part 90 of this chapter to operate on MURS frequencies as of November 13, 2000, are authorized by this rule to continue to operate under terms identical to those of such nullified part 90 authorizations, including any associated rule waivers. § 95.2707 Airborne use of MURS not authorized. Notwithstanding the provisions of § 95.307 , MURS operation is not authorized aboard aircraft in flight. §§ 95.2709-95.2717 [Reserved] § 95.2719 MURS replacement parts. The operator of an MURS transmitter may replace parts of an MURS transmitter as indicated in this section. All other internal maintenance and repairs must be carried out in accordance with § 95.319 . ( a ) A damaged antenna may be replaced by another antenna of the same or a compatible similar type. ( b ) Batteries in the MURS transmitter may be replaced with batteries of a type specified by the manufacturer. §§ 95.2721-95.2723 [Reserved] § 95.2725 MURS interference. MURS station operators must take reasonable precautions to avoid causing harmful interference. This includes monitoring the transmitting frequency for communications in progress before transmitting, and other measures as may be necessary to minimize the potential for causing interference. §§ 95.2727-95.2729 [Reserved] § 95.2731 Permissible MURS uses. The operator of a MURS station may use it for the purposes listed in this section. ( a ) MURS stations may be used to transmit voice, data or image signals. ( b ) MURS stations may be used for telecommand and telemetry functions. § 95.2733 Prohibited MURS uses. MURS stations must not be operated as repeater stations or signal boosters. This prohibition includes store-and-forward packet operation. §§ 95.2735-95.2739 [Reserved] § 95.2741 MURS antenna height limit. The highest point of any MURS station antenna must not be more than 18.3 meters (60 feet) above the ground or 6.10 meters (20 feet) above the highest point of the structure on which it is mounted. MURS station antennas must also meet the requirements in § 95.317 regarding menaces to air navigation. See 47 CFR 95.317 and consult part 17 of the FCC's Rules for more information ( 47 CFR part 17 ). §§ 95.2743-95.2747 [Reserved] § 95.2749 MURS network connection. MURS stations are prohibited from interconnection with the public switched network. Interconnection Defined. Connection through automatic or manual means of multi-use radio stations with the facilities of the public switched telephone network to permit the transmission of messages or signals between points in the wireline or radio network of a public telephone company and persons served by multi-use radio stations. Wireline or radio circuits or links furnished by common carriers, which are used by licensees or other authorized persons for transmitter control (including dial-up transmitter control circuits) or as an integral part of an authorized, private, internal system of communication or as an integral part of dispatch point circuits in a multi-use radio station are not considered to be interconnection for purposes of this rule part. §§ 95.2751-95.2755 [Reserved] § 95.2757 MURS duration of transmissions. MURS stations may not be operated in the continuous carrier transmit mode. § 95.2759 [Reserved] § 95.2761 MURS transmitter certification. ( a ) Each MURS transmitter (a transmitter that operates or is intended to operate in MURS) must be certified in accordance with this sub part and part 2 of this chapter . ( b ) A grant of equipment certification will not be issued for any MURS transmitter type that fails to comply with all of the applicable rules in this subpart. ( c ) A grant of equipment certification will not be issued for MURS transmitters capable of operating under both this subpart (MURS) and under any other subparts of this chapter (except part 15). § 95.2763 MURS channels. Five VHF channels are allotted for shared use in the MURS. These channels, designated by their center frequencies in megahertz, are as follows: 151.820, 151.880, 151.940, 154.570, and 154.600 MHz. Each MURS transmitter type must be designed to transmit on one or more of these channels. § 95.2765 MURS frequency accuracy. Each MURS transmitter type must be designed to meet the applicable frequency tolerance and stability requirements of this section. ( a ) MURS transmitters that operate with an emission bandwidth of 6.25 kHz or less must be designed such that the carrier frequencies remain within ±2.0 parts-per-million (ppm) of the channel center frequencies specified in § 95.2763 during normal operating conditions. ( b ) MURS transmitters that operate with an emission bandwidth greater than 6.25 kHz must be designed such that the carrier frequencies remain within ±5.0 ppm of the channel center frequencies specified in § 95.2763 during normal operating conditions. § 95.2767 MURS transmitting power limit. Each MURS transmitter type must be designed such that the transmitter power output does not exceed 2 Watts under normal operating conditions. § 95.2769 [Reserved] § 95.2771 MURS emission types. A MURS transmitter must transmit only emission types A1D, A2B, A2D, A3E, F2B, F1D, F2D, F3E, and G3E. Emission types A3E, F3E and G3E may include selective calling or tone-operated squelch tones to establish or continue voice communications. MURS transmitters are prohibited from transmitting in the continuous carrier mode. § 95.2773 MURS authorized bandwidths. Each MURS transmitter type must be designed to meet the emission bandwidth limitations in this section. ( a ) The occupied bandwidth of emissions transmitted on the center frequencies 151.820 MHz, 151.880 MHz, and 151.940 MHz must not exceed 11.25 kHz. ( b ) The occupied bandwidth of emissions transmitted on the center frequencies 154.570 MHz and 154.600 MHz must not exceed 20.0 kHz. ( c ) The occupied bandwidth of type A3E emissions must not exceed 8.0 kHz. § 95.2775 MURS audio filter. The audio filter referenced in § 95.2779 must satisfy the requirements in this section. ( a ) The audio filter must be between the modulation limiter and the modulated stage of the transmitter. ( b ) At any frequency (f in kHz) between 3 and 15 kHz, the filter must have an attenuation of at least 40 log (f/3) dB more than the attenuation at 1 kHz. Above 15 kHz, it must have an attenuation of at least 28 dB more than the attenuation at 1 kHz. § 95.2777 [Reserved] § 95.2779 MURS unwanted emissions limits. The requirements in this section apply to each MURS transmitter type both with and without the connection of attachments, such as an external microphone, power cord and/or antenna. ( a ) Emission masks. Emission masks applicable to transmitting equipment in the MURS are defined by the requirements in the following table. The numbers in the paragraphs column refer to attenuation requirement rule paragraph numbers under paragraph (b) of this section. The words “audio filter” refer to the audio filter described in § 95.2775 . Channel center frequencies (MHz) Paragraphs 151.820, 151.880 and 151.940 (1), (2). 154.570 & 154.600, with audio filter (3), (4), (7). 154.570 & 154.600, without audio filter (5), (6), (7). ( 1 ) Each MURS transmitter type that transmits F3E or G3E emissions on 154.570 MHz or 154.600 MHz and incorporates an audio filter satisfying the requirements of § 95.2775 in its design may comply with the less stringent unwanted emissions attenuation requirements set forth in paragraphs (b)(3) , (4) , and (7) of this section. ( 2 ) Each MURS transmitter type that transmits on 154.570 MHz or 154.600 MHz, but does not incorporate an audio filter satisfying the requirements of § 95.2775 in its design, must comply with the unwanted emissions attenuation requirements set forth in paragraphs (b)(5) through (7) of this section. ( b ) Attenuation requirements. The power of unwanted emissions must be attenuated below the transmitter output power in Watts (P) by at least: ( 1 ) 7.27(f d −2.88 kHz) dB on any frequency removed from the channel center frequency by a displacement frequency (f d in kHz) that is more than 5.625 kHz, but not more than 12.5 kHz. ( 2 ) 50 + 10 log (P) dB or 70 dB, whichever is the lesser attenuation, on any frequency removed from the channel center frequency by more than 12.5 kHz. ( 3 ) 25 dB on any frequency removed from the channel center frequency by more than 10 kHz, but not more than 20 kHz. ( 4 ) 35 dB on any frequency removed from the channel center frequency by more than 20 kHz, but not more than 50 kHz. ( 5 ) 83 log (f d ÷ 5) dB on any frequency removed from the center of the authorized bandwidth by a displacement frequency (f d in kHz) that is more than 5 kHz, but not more than 10 kHz. ( 6 ) 29 log (f d 2 ÷ 11) dB or 50 dB, whichever is the lesser attenuation on any frequency removed from the channel center frequency by a displacement frequency (f d in kHz) that is more than 10 kHz, but not more than 50 kHz. ( 7 ) 43 + 10 log(P) dB on any frequency removed from the channel center frequency by more than 50 kHz. ( c ) Measurement bandwidths. The power of unwanted emissions in the frequency bands specified in paragraphs (b)(1) and (3) through (6) of this section is measured with a reference bandwidth of 300 Hz. The power of unwanted emissions in the frequency ranges specified in paragraphs (b)(2) and (7) of this section is measured with a reference bandwidth of at least 30 kHz. §§ 95.2781-95.2899 [Reserved] Subpart K—Personal Locator Beacons and Maritime Survivor Locating Devices § 95.2901 Scope. This subpart contains rules that apply only to Personal Locator Beacons (PLBs) and Maritime Survivor Locating Devices (MSLDs). § 95.2903 Definitions, PLBs and MSLDs. Identification code. An identification code issued by the National Oceanic and Atmospheric Administration (NOAA) to establish a unique identification for each PLB. National Oceanic and Atmospheric Administration (NOAA). The U.S. Government Agency that is the United States Program Manager for the 406 MHz COSPAS/SARSAT satellite system. Maritime Survivor Locating Device (MSLD). A device intended to aid in the location of persons in the water. Personal Locator Beacon (PLB). A small portable transmitter, compliant with all of the rules in this subpart, that is intended to provide individuals in remote areas a means to alert others of an emergency situation and to aid search and rescue personnel to locate those in distress. § 95.2905 PLB registration. Each PLB owner must initially register their PLB with National Oceanic and Atmospheric Administration (NOAA) and must advise NOAA of any subsequent change of ownership or other change in the registration information. Each PLB is registered by its identification code ( see § 95.2987(b) ). ( a ) PLB owners are encouraged to register their PLBs through the internet using the following Web site: http://www.beaconregistration.noaa.gov ( b ) PLB owners may also register their PLBs by mailing a completed registration card to the following address: NOAA SARSAT Beacon Registration, NSOF, E/SPO53, 1315 East West Hwy., Silver Spring, MD 20910-9684. §§ 95.2907-95.2929 [Reserved] § 95.2931 Permissible use of PLBs and MSLDs. ( a ) PLBs may be used only for transmission of distress and safety of life communications. ( b ) MSLDs may be used only to aid in the location of persons in the water. § 95.2933 Prohibited use of PLBs and MSLDs. ( a ) PLBs must not be used for any purpose other than transmission of distress and safety of life communications. ( b ) Use of MSLDs on land is not authorized. §§ 95.2935-95.2959 [Reserved] § 95.2961 PLB and MSLD transmitter certification. ( a ) Each PLB and MSLD transmitter must be certified in accordance with this sub part and part 2 of this chapter . ( b ) A grant of equipment certification will not be issued for any PLB or MSLD transmitter type that fails to comply with all of the applicable rules in this subpart. § 95.2963 PLB and MSLD frequency bands. ( a ) The frequency band 406.0-406.1 MHz is an emergency and distress frequency band available for use by Personal Locator Beacons (PLBs). Use of these frequencies must be limited to transmission of distress and safety of life communications. ( b ) MSLDs must: ( 1 ) Transmit on at least one of the following frequencies: 121.5 MHz, 156.525 MHz, 156.750 MHz, 156.800 MHz, 156.850 MHz, 161.975 MHz, or 162.025 MHz; or ( 2 ) Include a function intended to send a distress message directly to the U.S. Coast Guard or any other search and rescue organization. §§ 95.2965-95.2969 [Reserved] § 95.2971 PLB emission type. PLB transmitter types must be designed to use emission type G1D on the frequency band 406.0-406.1 MHz. §§ 95.2973-95.2985 [Reserved] § 95.2987 Additional PLB and MSLD certification requirements. ( a ) To be certified for use under this subpart, 406 MHz PLB transmitter types must be designed to satisfy the following additional requirements. ( 1 ) Certifications. Beginning January 17, 2018, before submitting an application for FCC certification of a 406 MHz PLB transmitter type, the applicant must obtain: ( i ) Certification from a test facility recognized by one of the COSPAS/SARSAT Partners that the PLB transmitter type satisfies the standards in RTCM 11010; and, ( ii ) Certification from an independent test facility that the PLB transmitter type complies with the electrical and environmental standards associated with RTCM 11010. ( 2 ) Identification code. An identification code, recognized by the National Oceanic and Atmospheric Administration (NOAA), the United States Program Manager for the 406 MHz COSPAS/SARSAT satellite system, must be programmed into each PLB to establish a unique identification for that PLB. ( b ) To be certified for use under this subpart, MSLD transmitter types must be designed to satisfy the following additional requirements. ( 1 ) A test report from a test laboratory which shows that the MSLD complies with the electrical and environmental standards associated with RTCM 11901. The test laboratory must be accredited to ISO-IEC 17025 with a scope covering the applicable requirements and test procedures. ( 2 ) After the MSLD has been certified by a test laboratory, the following information must be submitted in duplicate to the U.S. Coast Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7126, Washington, DC 20593-7126: ( i ) The name of the manufacturer or grantee and model number of the MSLD; ( ii ) Copies of the test report and test data showing that the MSLD complies with the electrical and environmental standards associated with RTCM 11901; and ( iii ) Instruction manuals associated with the MSLD, description of the test characteristics of the MSLD including assembly drawings, electrical schematics, description of parts list, specifications of materials and the manufacturer's quality assurance program. ( 3 ) After reviewing the information described in paragraph (b)(2) of this section, the U.S. Coast Guard will issue a letter stating whether the MSLD satisfies all RTCM Recommended Standards. In the case of an MSLD that includes a function intended to send a distress message directly to the U.S. Coast Guard or any other search and rescue organization, the letter will also state whether the U.S. Coast Guard endorses that function. ( 4 ) A certification application for an MSLD must contain a copy of the U.S. Coast Guard letter stating that the device satisfies all RTCM Recommended Standards, a copy of the technical test data, and the instruction manual(s). § 95.2989 PLB and MSLD technical standards. ( a ) PLB transmitter types must be designed to comply with technical standard RTCM 1010.2. MSLD transmitter types must be designed to comply with technical standard RTCM 11901.1. ( b ) Incorporation by reference. The material listed in this paragraph (b) is incorporated by reference in this section with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 . All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the following source in this paragraph (b) : ( 1 ) The following standards are available from the Radio Technical Commission for Maritime Services, 1611 N. Kent St., Suite 605, Arlington, Virginia 22209-2128. ( i ) RTCM 11010.2, “406 MHz Satellite Personal Locator Beacons (PLBs),” including Amendments 1 and 2, dated June 8, 2012 (RTCM 11010). ( ii ) RTCM 11901.1, “Maritime Survivor Locating Devices (MSLD),” dated June 4, 2012. ( 2 ) [Reserved]. [ 82 FR 41104 , Aug. 29, 2017, as amended at 85 FR 64411 , Oct. 13, 2020; 88 FR 21451 , Apr. 10, 2023] § 95.2991 PLB and MSLD marketing limitations. ( a ) No device may be marketed or sold in the United States as a “PLB” or “Personal Locator Beacon” unless it is compliant with all of the rules in this subpart. Previously approved PLBs that do not meet the requirements of RTCM 11010 shall not be manufactured, imported, or sold in the United States beginning January 17, 2020. ( b ) No device may be marketed or sold in the United States as a “MSLD” or “Maritime Survivor Locating Device” unless it complies with the requirements of RTCM 11901. Previously approved devices intended to aid in the location of persons in the water that do not meet the requirements of this subpart shall not be manufactured, imported, or sold in the United States beginning January 17, 2018. § 95.2993 PLB identification plate or label and registration card. To enhance protection of life and property, it is mandatory that each 406 MHz PLB be registered with NOAA and that information be kept up-to-date. ( a ) Identification plate or label. In addition to the identification plate or label requirements contained in §§ 2.925 and 2.926 of this chapter , each 406 MHz PLB must be provided on the outside with a clearly discernable permanent plate or label. ( 1 ) The plate or label must contain the following statement: The owner of this 406 MHz PLB must register the identification code on this label with the National Oceanic and Atmospheric Administration (NOAA) whose address is: NOAA/SARSAT Beacon Registration, NSOF, E/SPO53, 1315 East West Hwy., Silver Spring, MD 20910-9684. ( 2 ) For PLBs with identification codes that can be changed after manufacture, the identification code shown on the plate or label must be easily replaceable using commonly available tools. ( b ) Registration card. With each marketable PLB unit, the manufacturer or equipment certification grantee must include a postage pre-paid registration card. ( 1 ) The identification code of the PLB ( see § 95.2987(c) ) must be printed on the registration card. ( 2 ) The registration card must be addressed to: NOAA SARSAT Beacon Registration, NSOF, E/SPO53, 1315 East West Hwy., Silver Spring, MD 20910-9684. ( 3 ) The registration card must request the owner's name, address, telephone number and alternate emergency contact. ( 4 ) The registration card must include the following statement: WARNING—failure to register this PLB with NOAA could result in a monetary forfeiture order being issued to the owner. §§ 95.2995-95.3099 [Reserved] Subpart L—DSRCS On-Board Units § 95.3101 Scope. This subpart contains rules that apply only to On-Board Units (OBUs) transmitting in the 5895-5925 MHz frequency band in the Dedicated Short-Range Communications Services (DSRCS) (see § 90.371 of this chapter ). [ 86 FR 23299 , May 3, 2021] § 95.3103 Definitions, OBUs. Dedicated Short-range Communications Services (DSRCS). A service providing for data transfer between various mobile and roadside transmitting units for the purposes of improving traffic flow, highway safety and performing other intelligent transportation functions. See § 90.7 of this chapter for a more detailed definition. On-Board Unit (OBU). OBUs are low-power devices on vehicles that transfer data to roadside units in the Dedicated Short-Range Communications Service ( see §§ 90.371-90.383 of this chapter ), to improve traffic flow and safety, and for other intelligent transportation system purposes. See § 90.7 of this chapter . Roadside Unit (RSU). See § 90.7 of this chapter . §§ 95.3105-95.3129 [Reserved] § 95.3131 Permissible uses, OBUs. On-Board Units (OBUs) may transmit signals to other OBUs and to Roadside Units (RSUs), which are authorized under part 90 of this chapter . §§ 95.3133-95.3159 [Reserved] § 95.3161 OBU transmitter certification. ( a ) Each Dedicated Short Range Communications On-Board Unit IDSRCS-OBU) that operates or is intended to operate in the DSRCS must be certified in accordance with this subpart and subpart J of part 2 of this chapter . ( b ) A grant of equipment certification for this subpart will not be issued for any OBU transmitter type that fails to comply with all of the applicable rules in this subpart. § 95.3163 OBU frequencies. DSRCS On-Board Units (OBUs) are permitted to operate in the 5895-5925 MHz band. [ 86 FR 23299 , May 3, 2021] § 95.3165 [Reserved] § 95.3167 OBU transmit power limit. ( a ) The maximum output power for portable DSRCS On-Board Unit (OBU) transmitter types is 1.0 mW. ( b ) The power limits in paragraph (a) of this section may be referenced to the antenna input, so that cable losses are taken into account. ( c ) For purposes of this section, a portable unit is a transmitting device designed to be used so that the radiating structure(s) of the device is/are within 20 centimeters of the body of the user. [ 86 FR 23299 , May 3, 2021] §§ 95.3169-95.3187 [Reserved] § 95.3189 OBU technical standard. ( a ) DSRCS On-Board Unit (OBU) transmitter types operating in the 5895-5925 MHz band must be designed to comply with the technical standard Institute of Electrical and Electronics Engineers (IEEE) 802.11p-2010. ( b ) 802.11p-2010, IEEE Standard for Information technology—Local and metropolitan area networks—Specific requirements—Part 11: Wireless LAN Medium Access Control (MAC) and Physical Layer (PHY) Specifications Amendment 6: Wireless Access in Vehicular Environments, 15 July 2010 is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . All approved material is available for inspection at the address of the FCC's main office indicated in 47 CFR 0.401(a) and is available from Institute of Electrical and Electronics Engineers (IEEE), 3025 Boardwalk Drive, Suite 220, Ann Arbor, MI 48108, 1-855-999-9870, www.techstreet.com/ieee . It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov or go to www.archives.gov/federal-register/cfr/ibrlocations.html . [ 86 FR 23299 , May 3, 2021] Subpart M—The 76-81 GHz Band Radar Service Source: 82 FR 43871 , Sept. 20, 2017, unless otherwise noted. Administrative Rules § 95.3301 Scope. This subpart sets out the regulations that apply to radar systems operating in the 76-81 GHz band. This subpart does not apply to Level Probing Radars that operate under part 15 of this title . § 95.3303 Definitions, the 76-81 GHz Band Radar Service. ( a ) Air operations area. See § 87.5 of this chapter . ( b ) Field disturbance sensor. See § 15.5(l) of this chapter . ( c ) Foreign object debris (FOD) detection radar. A radar device designed to detect foreign object debris in airport air operations areas and to monitor aircraft as well as service vehicles on taxiways, and other airport vehicle service areas that have no public vehicle access. ( d ) Radar. See § 2.1(c) of this chapter . § 95.3305 Radar operator eligibility in the 76-81 GHz Band. Subject to the requirements of §§ 95.305 and 95.307 , any person is eligible to operate a radar in the 76-81 GHz band without an individual license; such operation must comply with all applicable rules in this subpart. Operating Rules § 95.3331 Permissible 76-81 GHz Band Radar Service uses. Radar systems operating in the 76-81 GHz band may operate as vehicular radars, or as fixed or mobile radars in airport air operations areas, including but not limited to FOD detection radars and aircraft-mounted radars for ground use only. § 95.3333 Airborne use of 76-81 GHz Band Radar Service is prohibited. Notwithstanding the provisions of § 95.3331 , 76-81 GHz Band Radar Service is prohibited aboard aircraft in flight. Aircraft-mounted radars shall be equipped with a mechanism that will prevent operations once the aircraft becomes airborne. § 95.3347 76-81 GHz Band Radar Service automatic control. Notwithstanding the provisions of § 95.347 , 76-81 GHz Band Radar Service operations may be conducted under manual or automatic control. Technical Rules § 95.3361 Certification. Radar equipment operating in the 76-81 GHz band shall be certificated in accordance with this subpart and subpart J of part 2 of this chapter . § 95.3367 76-81 GHz Band Radar Service radiated power limits. The fundamental radiated emission limits within the 76-81 GHz band are expressed in terms of Equivalent Isotropically Radiated Power (EIRP) and are as follows: ( a ) The maximum power (EIRP) within the 76-81 GHz band shall not exceed 50 dBm based on measurements employing a power averaging detector with a 1 MHz Resolution Bandwidth (RBW). ( b ) The maximum peak power (EIRP) within the 76-81 GHz band shall not exceed 55 dBm based on measurements employing a peak detector with a 1 MHz RBW. § 95.3379 76-81 GHz Band Radar Service unwanted emissions limits. ( a ) The power density of any emissions outside the 76-81 GHz band shall consist solely of spurious emissions and shall not exceed the following: ( 1 ) Radiated emissions below 40 GHz shall not exceed the field strength as shown in the following emissions table. Frequency (MHz) Field strength (microvolts/meter) Measurement distance (meters) 0.009-0.490 2400/F(kHz) 300 0.490-1.705 24000/F(kHz) 30 1.705-30.0 30 30 30-88 100 3 88-216 150 3 216-960 200 3 Above 960 500 3 ( i ) In the emissions table in paragraph (a)(1) of this section, the tighter limit applies at the band edges. ( ii ) The limits in the table in paragraph (a)(1) of this section are based on the frequency of the unwanted emissions and not the fundamental frequency. However, the level of any unwanted emissions shall not exceed the level of the fundamental frequency. ( iii ) The emissions limits shown in the table in paragraph (a)(1) of this section are based on measurements employing a CISPR quasi-peak detector except for the frequency bands 9.0-90.0 kHz, 110.0-490.0 kHz, and above 1000 MHz. Radiated emissions limits in these three bands are based on measurements employing an average detector with a 1 MHz RBW. ( 2 ) The power density of radiated emissions outside the 76-81 GHz band above 40.0 GHz shall not exceed the following, based on measurements employing an average detector with a 1 MHz RBW: ( i ) For radiated emissions outside the 76-81 GHz band between 40 GHz and 200 GHz from field disturbance sensors and radar systems operating in the 76-81 GHz band: 600 pW/cm 2 at a distance of 3 meters from the exterior surface of the radiating structure. ( ii ) For radiated emissions above 200 GHz from field disturbance sensors and radar systems operating in the 76-81 GHz band: 1000 pW/cm 2 at a distance of 3 meters from the exterior surface of the radiating structure. ( 3 ) For field disturbance sensors and radar systems operating in the 76-81 GHz band, the spectrum shall be investigated up to 231.0 GHz. ( b ) Fundamental emissions must be contained within the frequency bands specified in this section during all conditions of operation. Equipment is presumed to operate over the temperature range −20 to +50 degrees Celsius with an input voltage variation of 85% to 115% of rated input voltage, unless justification is presented to demonstrate otherwise. § 95.3385 76-81 GHz Band Radar Service RF exposure evaluation. Regardless of the power density levels permitted under this subpart, devices operating under the provisions of this subpart are subject to the radiofrequency radiation exposure requirements specified in §§ 1.1307(b) , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of devices operating under this section must contain a statement confirming compliance with these requirements for both fundamental emissions and unwanted emissions. Technical information showing the basis for this statement must be submitted to the Commission upon request. Appendix A to Part 95—Cross Reference to Previous Rules This table in this appendix to part 95 shows the current subpart or section number(s) (or “removed” if the section was eliminated) of the CFR unit containing the corresponding subject material, for each of the part 95 subparts, rules and appendices that, in general, were in effect prior to September 28, 2017. Previous CFR unit Current CFR unit Subpart A—General Mobile Radio Service (GMRS) Part 95, Subpart E. 95.1 The General Mobile Radio Service (GMRS) 95.1703. 95.3 License required 95.1705. 95.5 Licensee eligibility 95.1705. 95.7 Channel sharing 95.325, 95.327, 95.359. 95.21 GMRS system description Removed. 95.23 Mobile station description Removed. 95.25 Land station description Removed. 95.27 Paging receiver description Removed. 95.29 Channels available 95.1763. 95.33 Cooperative use of radio stations in the GMRS 95.1705(f). 95.45 Considerations on Department of Defense land and in other circumstances 95.309. 95.51 Antenna height 95.317. 95.101 What the license authorizes 95.307, 95.331, 95.333, 95.1705, 95.1731. 95.103 Licensee duties 95.1705. 95.105 License term 95.1705(e). 95.115 Station inspection 95.323. 95.117 Where to contact the FCC 95.329. 95.119 Station identification 95.1751. 95.129 Station equipment 95.335, 95.1761. 95.135 Maximum authorized transmitting power 95.367, 95.1767. 95.139 Adding a small base station or a small control station Removed. 95.141 Interconnection prohibited 95.349, 95.1749. 95.143 Managing a GMRS system in an emergency 95.1705(c), 95.1731. 95.171 Station operator duties 95.305, 95.1705. 95.179 Individuals who may be station operators 95.305, 95.1705. 95.181 Permissible communications 95.331, 95.377, 95.381, 95.1731. 95.183 Prohibited communications 95.333, 95.377, 95.381, 95.1733. Appendix A to Subpart A of Part 95—Locations Where GMRS Is Regulated by the FCC 95.307. Subpart B—Family Radio Service (FRS) Part 95, Subpart B. 95.191 (FRS Rule 1) Eligibility and responsibility 95.305, 95.359. 95.192 (FRS Rule 2) Authorized locations 95.307, 95.309. 95.193 (FRS Rule 3) Types of communications 95.331, 95.333, 95.349, 95.377, 95.531, 95.533, 95.577, 95.587. 95.194 (FRS Rule 4) FRS units 95.335, 95.337, 95.339, 95.519, 95.561, 95.587. Subpart C—Radio Control (R/C) Radio Service Part 95, Subpart C. 95.201 (R/C Rule 1) What is the Radio Control (R/C) Radio Service? 95.703. 95.202 (R/C Rule 2) How do I use these rules? Removed. 95.203 (R/C Rule 3) Am I eligible to operate an R/C station? 95.305. 95.204 (R/C Rule 4) Do I need a license? 95.305. 95.205 (R/C Rule 5) Where may I operate my R/C station? 95.307. 95.206 (R/C Rule 6) Are there any special restrictions on the location of my R/C station? 95.309 95.207 (R/C Rule 7) On what channels may I operate? 95.359, 95.725, 95.733, 95.763. 95.208 (R/C Rule 8) How high may I put my antenna? 95.317, 95.741. 95.209 (R/C Rule 9) What equipment may I use at my R/C station? 95.335, 95.337, 95.361, 95.735, 95.761. 95.210 (R/C Rule 10) How much power may I use? 95.337, 95.767. 95.211 (R/C Rule 11) What communications may be transmitted? 95.731, 95.771. 95.212 (R/C Rule 12) What communications are prohibited? 95.333, 95.733, 95.745. 95.213 (R/C Rule 13) May I be paid to use my R/C station? 95.333, 95.733(c ). 95.214 (R/C Rule 14) Who is responsible for R/C communications I make? 95.343. 95.215 (R/C Rule 15) Do I have to limit the length of my communications? 95.357, 95.757. 95.216 (R/C Rule 16) Do I identify my R/C communications? 95.351. 95.217 (R/C Rule 17) May I operate my R/C station transmitter by remote control? 95.345, 95.745. 95.218 (R/C Rule 18) What are the penalties for violating these rules? 95.313. 95.219 (R/C Rule 19) How do I answer correspondence from the FCC? 95.311. 95.220 (R/C Rule 20) What must I do if the FCC tells me that my R/C station is causing interference? 95.311, 95.319. 95.221 (R/C Rule 21) How do I have my R/C transmitter serviced? 95.319, 95.719. 95.222 (R/C Rule 22) May I make any changes to my R/C transmitter? 95.319, 95.337. 95.223 (R/C Rule 23) Do I have to make my R/C station available for inspection? 95.323. 95.224 (R/C Rule 24) What are my station records? 95.311. 95.225 (R/C Rule 25) How do I contact the FCC? 95.329. Subpart D—Citizens Band (CB) Radio Service Part 95, Subpart D. 95.401 (CB Rule 1) What are the Citizens Band Radio Services? 95.303, 95.503, 95.903, 95.2103, 95.2503, 95.2303, 95.2703, 95.3103. 95.402 (CB Rule 2) How do I use these rules? 95.305, 95.307. 95.403 (CB Rule 3) Am I eligible to operate a CB station? 95.305, 95.905. 95.404 (CB Rule 4) Do I need a license? 95.305. 95.405 (CB Rule 5) Where may I operate my CB station? 95.307, 95.309. 95.406 (CB Rule 6) Are there any special restrictions on the location of my CB station? 95.309. 95.407 (CB Rule 7) On what channels may I operate? 95.359, 95.363, 95.931, 95.963. 95.408 (CB Rule 8) How high may I put my antenna? 95.317, 95.941. 95.409 (CB Rule 9) What equipment may I use at my CB station? 95.337, 95.361, 95.935, 95.939, 95.961. 95.410 (CB Rule 10) How much power may I use? 95.337, 95.967. 95.411 (CB Rule 11) May I use power amplifiers? 95.939. 95.412 (CB Rule 12) What communications may be transmitted? 95.377, 95.931, 95.933. 95.413 (CB Rule 13) What communications are prohibited? 95.333, 95.933. 95.414 (CB Rule 14) May I be paid to use my CB station? 95.333, 95.933. 95.415 (CB Rule 15) Who is responsible for communications I make? 95.343. 95.416 (CB Rule 16) Do I have to limit the length of my communications? 95.357, 95.359, 95.957. 95.417 (CB Rule 17) Do I identify my CB communications? 95.351. 95.418 (CB Rule 18) How do I use my CB station in an emergency or to assist a traveler? 95.357, 95.931, 95.957. 95.419 (CB Rule 19) May I operate my CB station transmitter by remote control? 95.303, 95.345, 95.945. 95.420 (CB Rule 20) May I connect my CB station transmitter to a telephone? 95.949. 95.421 (CB Rule 21) What are the penalties for violating these rules? 95.313. 95.422 (CB Rule 22) How do I answer correspondence from the FCC? 95.311. 95.423 (CB Rule 23) What must I do if the FCC tells me that my CB station is causing interference? 95.311, 95.319. 95.424 (CB Rule 24) How do I have my CB transmitter serviced? 95.319, 95.919. 95.425 (CB Rule 25) May I make any changes to my CB transmitter? 95.337, 95.919. 95.426 (CB Rule 26) Do I have to make my CB station available for inspection? 95.323. 95.427 (CB Rule 27) What are my station records? 95.311, 95.343. 95.428 (CB Rule 28) How do I contact the FCC? 95.329. Subpart E—Technical Regulations Distributed. 95.601 Basis and Purpose Distributed. 95.603 Certification required 95.335, 95.561, 95.761, 95.961, 95.1761, 95.1951, 95.2161, 95.2361, 95.2561, 95.2761, 95.2961, 95.3161. 95.605 Certification procedures 95.335, 95.2961, 95.3161. 95.607 CB transmitter modification 95.335, 95.337, 95.339, 95.935, 95.939, 95.987. 95.621 GMRS transmitter channel frequencies 95.363, 95.1763. 95.1765. 95.623 R/C transmitter channel frequencies 95.363, 95.763, 95.765. 95.625 CB transmitter channel frequencies 95.359, 95.363, 95.931, 95.963, 95.965. 95.626 FRS unit channel frequencies 95.363, 95.563, 95.565. 95.627 Medradio transmitters in the 401-406 MHz band 95.2503, 95.2525, 95.2559, 95.2563, 95.2565, 95.2567, 95.2569, 95.2573, 95.2579, 95.2587. 95.628 Medradio transmitters in the 413-419 MHz, 426-432 MHz, 438-444 MHz, and 451-457 MHz bands 95.2525, 95.2559, 95.2563(e), 95.2565, 95.2567, 95.2569, 95.2573, 95.2587. 95.629 LPRS transmitter frequencies 95.2163, 95.2565. 95.630 WMTS transmitter frequencies 95.2363. 95.631 Emission types 95.371, 95.571, 95.771, 95.971, 95.1771, 95.1775, 95.2133, 95.2179, 95.2333, 95.2379, 95.2533, 95.2571, 95.2771, 95.2779, 95.2971. 95.632 MURS transmitter frequencies 95.2763, 95.2765, 95.2773. 95.633 Emission bandwidth 95.573, 95.773, 95.973, 95.1773, 95.2173, 95.2173, 95.2179, 95.2363, 95.2503, 95.2565, 95.2573, 95.2773. 95.635 Unwanted radiation 95.579, 95.779, 95.979, 95.1779, 95.2179, 95.2379, 95.2579, 95.2779. 95.637 Modulation standards 95.575, 95.971, 95.975, 95.1775. 95.639 Maximum transmitter power 95.367, 95.567, 95.767, 95.967, 95.1767, 95.2167, 95.2369, 95.2567, 95.2587, 95.2767, 95.3167. 95.643 DSRCS-OBU certification 95.3161. 95.645 Control accessibility 95.361, 95.761, 95.787. 95.647 FRS unit and R/C transmitter antennas 95.587(b), 95.787(a). 95.649 Power capability 95.367, 95.567, 95.767, 95.967, 95.1767, 95.2167, 95.2369, 95.2567, 95.2767, 95.3167. 95.651 Crystal control required Removed. 95.653 Instructions and warnings 95.361, 95.393. 95.655 Frequency capability 95.987(a), 95.987(b), 95.1761, 95.1787, 95.2763. 95.667 CB transmitter power 95.967, 95.987(c). 95.669 External controls 95.987(d). 95.671 Serial number Removed. 95.673 Copy of rules Removed. Appendix 1 to Subpart E of Part 95—Glossary of Terms 95.303, 95.503, 95.703, 95.903, 95.1703, 95.2103, 95.2303, 95.2503, 95.2703, 95.2903, 95.3103. Subpart F—218-219 MHz Service Subpart F. 95.801 Scope 95.1901. 95.803 218-219 MHz Service description 95.1903. 95.805 Permissible communications 95.1905. 95.807 Requesting regulatory status 95.1907. 95.811 License requirements 95.1911. 95.812 License term 95.1912. 95.813 Eligibility 95.1913. 95.815 License application 95.1915. 95.816 Competitive bidding proceedings 95.1916. 95.819 License transferability 95.1919. 95.823 Geographic partitioning and spectrum disaggregation 95.1923. 95.831 Service requirements 95.1931. 95.833 Construction requirements 95.1933 95.835 Station identification 95.1935. 95.837 Station inspection 95.1937. 95.851 Certification 95.1951. 95.853 Frequency segments 95.1953. 95.855 Transmitter effective radiated power limitation 95.1955. 95.857 Emission standards 95.1957. 95.859 Antennas 95.1959. 95.861 Interference 95.1961. Subpart G—Low Power Radio Service (LPRS) Part 95, Subpart G. 95.1001 Eligibility 95.2105. 95.1003 Authorized locations 95.307. 95.1005 Station identification 95.351. 95.1007 Station inspection 95.323. 95.1009 Permissible communications 95.2131. 95.1011 Channel use policy 95.309, 95.359, 95.2125. 95.1013 Antennas 95.2141, 95.2167. 95.1015 Disclosure policies 95.2109, 95.2191, 95.2195. 95.1017 Labeling requirements 95.2193. 95.1019 Marketing limitations 95.2191, 95.2193, 95.2195. Subpart H—Wireless Medical Telemetry Service Part 95, Subpart H. 95.1101 Scope 95.2301. 95.1103 Definitions 95.2303. 95.1105 Eligibility 95.305, 95.2305. 95.1107 Authorized locations 95.307, 95.309, 95.2333. 95.1109 Equipment authorization requirement 95.335, 95.2361, 95.2393. 95.1111 Frequency coordination 95.2309. 95.1113 Frequency coordinator 95.2309(a). 95.1115 General technical requirements 95.371, 95.2369, 95.2379, 95.2333(c), 95.2363, 95.2365. 95.1117 Types of communications 95.2331, 95.2333, 95.2347, 95.2357. 95.1119 Specific requirements for wireless medical telemetry devices operating in the 608-614 MHz band 95.2309(f). 95.1121 Specific requirements for wireless medical telemetry devices operating in the 1395-1400 and 1427-1432 MHz bands 95.2309(g). 95.1123 Protection of medical equipment 95.2395. 95.1125 RF safety 95.2385. 95.1127 Station identification 95.351. 95.1129 Station inspection 95.323. Subpart I—Medical Device Radiocommunication Service (MedRadio) Part 95, Subpart I. 95.1201 Eligibility 95.305, 95.2503, 95.2505, 95.2547. 95.1203 Authorized locations 95.307, 95.2507. 95.1205 Station identification 95.351. 95.1207 Station inspection 95.323, 95.2523. 95.1209 Permissible communications 95.2531, 95.2533, 95.2549, 95.2557, 95.2559(c). 95.1211 Channel use policy 95.359, 95.2525. 95.1213 Antennas 95.2541. 95.1215 Disclosure policies 95.2595. 95.1217 Labeling requirements 95.2593. 95.1219 Marketing limitations 95.2591. 95.1221 RF exposure 95.2585. 95.1223 Registration and frequency coordination in the 2360-2390 MHz Band 95.2509. 95.1225 Frequency coordinator 95.2509. Subpart J—Multi-Use Radio Service (MURS) Part 95, Subpart J. 95.1301 Eligibility 95.305. 95.1303 Authorized locations 95.307, 95.309, 95.2707. 95.1305 Station identification 95.351. 95.1307 Permissible communications 95.359, 95.371, 95.2725, 95.2731. 95.1309 Channel use policy 95.359. 95.1311 Repeater operations and signal boosters prohibited 95.2733. 95.1313 Interconnection prohibited 95.2749. 95.1315 Antenna height restriction 95.2741. 95.1317 Grandfathered MURS stations Subpart K—Personal Locator Beacons (PLB) 95.2705 Part 95, Subpart K. 95.1400 Basis and purpose 95.100, 95.2903. 95.1401 Frequency 95.2931, 95.2963, 95.2971. 95.1402 Special requirements for 406 MHz PLBs 95.2987, 95.2989, 95.2993. Subpart L—Dedicated Short-Range Communications Service On-Board Units (DSRCS-OBUs) Part 95, Subpart L. 95.1501 Scope 95.3101. 95.1503 Eligibility 95.305. 95.1505 Authorized locations 95.307. 95.1507 Station identification 95.351. 95.1511 Frequencies available 95.325, 95.359, 95.3159, 95.3163, 95.3167. [ 82 FR 41104 , Aug. 29, 2017, as amended at 86 FR 23298 , May 3, 2021
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PART 79—ACCESSIBILITY OF VIDEO PROGRAMMING Authority: 47 U.S.C. 151 , 152(a) , 154(i) , 303 , 307 , 309 , 310 , 330 , 544a , 613 , 617 . Source: 62 FR 48493 , Sept. 16, 1997, unless otherwise noted. Subpart A—Video Programming Owners, Providers, and Distributors Source: 78 FR 77251 , Dec. 20, 2013, unless otherwise noted. § 79.1 Closed captioning of televised video programming. ( a ) Definitions. For purposes of this section the following definitions shall apply: ( 1 ) Captioning vendor. Any entity that is responsible for providing captioning services to a video programmer. ( 2 ) Closed captioning, or captioning. The visual display of the audio portion of video programming pursuant to the technical specifications set forth in this part. ( 3 ) Live programming. Video programming that is shown on television substantially simultaneously with its performance. ( 4 ) Near-live programming. Video programming that is performed and recorded less than 24 hours prior to the time it is first aired on television. ( 5 ) New programming. Video programming that is first published or exhibited on or after January 1, 1998. ( i ) Analog video programming that is first published or exhibited on or after January 1, 1998. ( ii ) Digital video programming that is first published or exhibited on or after July 1, 2002. ( 6 ) Non-exempt programming. Video programming that is not exempt under paragraph (d) of this section and, accordingly, is subject to closed captioning requirements set forth in this section. ( 7 ) Prerecorded programming. Video programming that is not “live” or “near-live”. ( 8 ) Pre-rule programming. ( i ) Analog video programming that was first published or exhibited before January 1, 1998. ( ii ) Digital video programming that was first published or exhibited before July 1, 2002. ( 9 ) Video programmer. Any entity that provides video programming that is intended for distribution to residential households including, but not limited to, broadcast or nonbroadcast television networks and the owners of such programming. ( 10 ) Video programming. Programming provided by, or generally considered comparable to programming provided by, a television broadcast station that is distributed and exhibited for residential use. Video programming includes advertisements of more than five minutes in duration but does not include advertisements of five minutes' duration or less. ( 11 ) Video programming distributor. Any television broadcast station licensed by the Commission and any multichannel video programming distributor as defined in § 76.1000(e) of this chapter , and any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission. An entity contracting for program distribution over a video programming distributor that is itself exempt from captioning that programming pursuant to paragraph (e)(9) of this section shall itself be treated as a video programming distributor for purposes of this section. To the extent such video programming is not otherwise exempt from captioning, the entity that contracts for its distribution shall be required to comply with the closed captioning requirements of this section. ( 12 ) Video programming owner. Any person or entity that either: ( i ) Licenses video programming to a video programming distributor or provider that is intended for distribution to residential households; or ( ii ) Acts as the video programming distributor or provider and also possesses the right to license linear video programming to a video programming distributor or provider that is intended for distribution to residential households. ( 13 ) Video programming provider. Any video programming distributor and any other entity that provides video programming that is intended for distribution to residential households including, but not limited to broadcast or nonbroadcast television network and the owners of such programming. ( b ) Requirements for closed captioning of video programming — ( 1 ) Requirements for new programming. ( i ) Video programming distributors must ensure that 100% of new, nonexempt English language and Spanish language video programming that is being distributed and exhibited on each channel during each calendar quarter is closed captioned. ( ii ) Video programmers must provide closed captioning for 100% of new, nonexempt English language and Spanish language video programming that is being distributed and exhibited on each channel during each calendar quarter. ( 2 ) Requirements for pre-rule programming. ( i ) Video programming distributors must ensure that 75% of pre-rule, nonexempt English language and Spanish language video programming that is being distributed and exhibited on each channel during each calendar quarter is closed captioned. ( ii ) Video programmers must provide closed captioning for 75% of pre-rule, nonexempt English language and Spanish video programming that is being distributed and exhibited on each channel during each calendar quarter. ( 3 ) Video programming distributors shall continue to provide captioned video programming at substantially the same level as the average level of captioning that they provided during the first six (6) months of 1997 even if that amount of captioning exceeds the requirements otherwise set forth in this section. ( c ) Obligation to pass through captions of already captioned programs; obligation to maintain equipment and monitor for captions. ( 1 ) All video programming distributors shall deliver all programming received from the video programmer containing closed captioning to receiving television households with the original closed captioning data intact in a format that can be recovered and displayed by decoders meeting the standards of this part unless such programming is recaptioned or the captions are reformatted by the programming distributor. ( 2 ) Video programming distributors shall take any steps needed to monitor and maintain their equipment and signal transmissions associated with the transmission and distribution of closed captioning to ensure that the captioning included with video programming reaches the consumer intact. In any enforcement proceeding involving equipment failure, the Commission will require video programming distributors to demonstrate that they have monitored their equipment and signal transmissions, have performed technical equipment checks, and have promptly undertaken repairs as needed to ensure that equipment is operational and in good working order. ( 3 ) Each video programming distributor shall maintain records of the video programming distributor's monitoring and maintenance activities, which shall include, without limitation, information about the video programming distributor's monitoring and maintenance of equipment and signal transmissions to ensure the pass through and delivery of closed captioning to viewers, and technical equipment checks and other activities to ensure that captioning equipment and other related equipment are maintained in good working order. Each video programming distributor shall maintain such records for a minimum of two years and shall submit such records to the Commission upon request. ( d ) Exempt programs and providers. For purposes of determining compliance with this section, any video programming or video programming provider that meets one or more of the following criteria shall be exempt to the extent specified in this paragraph. ( 1 ) Programming subject to contractual captioning restrictions. Video programming that is subject to a contract in effect on or before February 8, 1996, but not any extension or renewal of such contract, for which an obligation to provide closed captioning would constitute a breach of contract. ( 2 ) Video programming or video programming provider for which the captioning requirement has been waived. Any video programming or video programming provider for which the Commission has determined that a requirement for closed captioning is economically burdensome on the basis of a petition for exemption filed in accordance with the procedures specified in paragraph (f) of this section. ( 3 ) Programming other than English or Spanish language. All programming for which the audio is in a language other than English or Spanish, except that scripted programming that can be captioned using the “electronic news room” technique is not exempt. ( 4 ) Primarily textual programming. Video programming or portions of video programming for which the content of the soundtrack is displayed visually through text or graphics (e.g., program schedule channels or community bulletin boards). ( 5 ) Programming distributed in the late night hours. Programming that is being distributed to residential households between 2 a.m. and 6 a.m. local time. Video programming distributors providing a channel that consists of a service that is distributed and exhibited for viewing in more than a single time zone shall be exempt from closed captioning that service for any continuous 4 hour time period they may select, commencing not earlier than 12 a.m. local time and ending not later than 7 a.m. local time in any location where that service is intended for viewing. This exemption is to be determined based on the primary reception locations and remains applicable even if the transmission is accessible and distributed or exhibited in other time zones on a secondary basis. Video programming distributors providing service outside of the 48 contiguous states may treat as exempt programming that is exempt under this paragraph when distributed in the contiguous states. ( 6 ) Interstitials, promotional announcements and public service announcements. Interstitial material, promotional announcements, and public service announcements that are 10 minutes or less in duration. ( 7 ) EBS programming. Video programming transmitted by an Educational Broadband Service licensee pursuant to part 27 of this chapter . ( 8 ) Locally produced and distributed non-news programming with no repeat value. Programming that is locally produced by the video programming distributor, has no repeat value, is of local public interest, is not news programming, and for which the “electronic news room” technique of captioning is unavailable. ( 9 ) Programming on new networks. Programming on a video programming network for the first four years after it begins operation, except that programming on a video programming network that was in operation less than four (4) years on January 1, 1998 is exempt until January 1, 2002. ( 10 ) Primarily non-vocal musical programming. Programming that consists primarily of non-vocal music. ( 11 ) Captioning expense in excess of 2 percent of gross revenues. No video programming provider shall be required to expend any money to caption any video programming if such expenditure would exceed 2 percent of the gross revenues received from that channel during the previous calendar year. ( 12 ) Channels/Streams producing revenues of under $3,000,000. No video programming provider shall be required to expend any money to caption any channel or stream of video programming producing annual gross revenues of less than $3,000,000 during the previous calendar year other than the obligation to pass through video programming closed captioned when received pursuant to paragraph (c) of this section. For the purposes of this paragraph, each programming stream on a multicast digital television channel shall be considered separately for purposes of the $3,000,000 revenue limit. ( 13 ) Locally produced educational programming. Instructional programming that is locally produced by public television stations for use in grades K-12 and post secondary schools. ( e ) Responsibility for and determination of compliance. ( 1 ) Compliance shall be calculated on a per channel, calendar quarter basis; ( 2 ) Open captioning or subtitles in the language of the target audience may be used in lieu of closed captioning; ( 3 ) The major national broadcast television networks ( i.e., ABC, CBS, Fox and NBC), affiliates of these networks in the top 25 television markets as defined by Nielsen's Designated Market Areas (DMAs) and national nonbroadcast networks serving at least 50% of all homes subscribing to multichannel video programming services shall not count electronic newsroom captioned programming towards compliance with these rules. The live portions of noncommercial broadcasters' fundraising activities that use automated software to create a continuous captioned message will be considered captioned; ( 4 ) Compliance will be required with respect to the type of video programming generally distributed to residential households. Programming produced solely for closed circuit or private distribution is not covered by these rules; ( 5 ) Video programming that is exempt pursuant to paragraph (d) of this section that contains captions, except that video programming exempt pursuant to paragraph (d)(5) of this section (late night hours exemption), can count towards compliance with the requirements for pre-rule programming. ( 6 ) For purposes of paragraph (d)(11) of this section, captioning expenses include direct expenditures for captioning as well as allowable costs specifically allocated by a video programmer through the price of the video programming to that video programming provider. To be an allowable allocated cost, a video programmer may not allocate more than 100 percent of the costs of captioning to individual video programming providers. A video programmer may allocate the captioning costs only once and may use any commercially reasonable allocation method. ( 7 ) For purposes of paragraphs (d)(11) and (d)(12) of this section, annual gross revenues shall be calculated for each channel individually based on revenues received in the preceding calendar year from all sources related to the programming on that channel. Revenue for channels shared between network and local programming shall be separately calculated for network and for non-network programming, with neither the network nor the local video programming provider being required to spend more than 2 percent of its revenues for captioning. Thus, for example, compliance with respect to a network service distributed by a multichannel video service distributor, such as a cable operator, would be calculated based on the revenues received by the network itself (as would the related captioning expenditure). For local service providers such as broadcasters, advertising revenues from station-controlled inventory would be included. For cable operators providing local origination programming, the annual gross revenues received for each channel will be used to determine compliance. Evidence of compliance could include certification from the network supplier that the requirements of the test had been met. Multichannel video programming distributors, in calculating non-network revenues for a channel offered to subscribers as part of a multichannel package or tier, will not include a pro rata share of subscriber revenues, but will include all other revenues from the channel, including advertising and ancillary revenues. Revenues for channels supported by direct sales of products will include only the revenues from the product sales activity (e.g., sales commissions) and not the revenues from the actual products offered to subscribers. Evidence of compliance could include certification from the network supplier that the requirements of this test have been met. ( 8 ) If two or more networks (or sources of programming) share a single channel, that channel shall be considered to be in compliance if each of the sources of video programming are in compliance where they are carried on a full time basis; ( 9 ) Video programming distributors shall not be required to ensure the provision of closed captioning for video programming that is by law not subject to their editorial control, including but not limited to the signals of television broadcast stations distributed pursuant to sections 614 and 615 of the Communications Act or pursuant to the compulsory copyright licensing provisions of sections 111 and 119 of the Copyright Act (Title 17 U.S.C. 111 and 119); programming involving candidates for public office covered by sections 315 and 312 of the Communications Act and associated policies; commercial leased access, public access, governmental and educational access programming carried pursuant to sections 611 and 612 of the Communications Act; video programming distributed by direct broadcast satellite (DBS) services in compliance with the noncommercial programming requirement pursuant to section 335(b)(3) of the Communications Act to the extent such video programming is exempt from the editorial control of the video programming provider; and video programming distributed by a common carrier or that is distributed on an open video system pursuant to section 653 of the Communications Act by an entity other than the open video system operator. To the extent such video programming is not otherwise exempt from captioning, the entity that contracts for its distribution shall be required to comply with the closed captioning requirements of this section. ( 10 ) In evaluating whether a video programming provider has complied with the requirement that all new nonexempt video programming must include closed captioning, the Commission will consider showings that any lack of captioning was de minimis and reasonable under the circumstances. ( 11 ) Use of “Electronic Newsroom Technique” (ENT). ( i ) A broadcast station that uses ENT to provide closed captioning for live programming or programming originally transmitted live and that is not subject to the current prohibition on the use of ENT in paragraph (e)(3) of this section shall be deemed in compliance with the Commission's rules requiring captioning of live programming or programming originally transmitted live if it adheres to the following procedures in the ordinary course of business: ( A ) In-studio produced news, sports, weather, and entertainment programming will be scripted. ( B ) For weather interstitials where there may be multiple segments within a news program, weather information explaining the visual information on the screen and conveying forecast information will be scripted, although the scripts may not precisely track the words used on air. ( C ) Pre-produced programming will be scripted (to the extent technically feasible). ( D ) If live interviews or live on-the scene or breaking news segments are not scripted, stations will supplement them with crawls, textual information, or other means (to the extent technically feasible). ( E ) The station will provide training to all news staff on scripting for improving ENT. ( F ) The station will appoint an “ENT Coordinator” accountable for compliance. ( ii ) Nothing in this paragraph (e)(11) shall relieve a broadcast station of its obligations under § 79.2 of this chapter regarding the accessibility of programming providing emergency information. ( iii ) Informal complaints. The Commission will forward an informal complaint regarding captioning to a broadcast station that utilizes ENT to provide captioning pursuant to the procedures set forth in paragraph (e)(11)(i) of this section only if the informal complaint contains the television channel number, network, or call sign, the name of the subscription service, if relevant, the date and time of the captioning problems, the name of the affected program, and a detailed and specific description of the captioning problems, including the frequency and type of problem. ( iv ) Compliance — ( A ) Initial response to pattern or trend of noncompliance. If the Commission notifies a broadcast station that the Commission has identified a pattern or trend of possible noncompliance by the station with this paragraph (e)(11) , the station shall respond to the Commission within 30 days regarding such possible noncompliance, describing corrective measures taken, including those measures the station may have undertaken in response to informal complaints and inquiries from viewers. ( B ) Corrective action plan. If, after the date for a broadcast station to respond to a notification under paragraph (e)(11)(iv)(A) of this section, the Commission subsequently notifies the broadcast station that there is further evidence indicating a pattern or trend of noncompliance with this paragraph (e)(11) , the broadcast station shall submit to the Commission, within 30 days of receiving such subsequent notification, an action plan describing specific measures it will take to bring the station's ENT performance into compliance with this paragraph (e)(11) . In addition, the station shall be required to conduct spot checks of its ENT performance and report to the Commission on the results of such action plan and spot checks 180 days after the submission of such action plan. ( C ) Continued evidence of a pattern or trend of noncompliance. If, after the date for submission of a report on the results of an action plan and spot checks pursuant to paragraph (e)(11)(iv)(B) of this section, the Commission finds continued evidence of a pattern or trend of noncompliance, additional enforcement actions may be taken, which may include admonishments, forfeitures, and other corrective actions, including, but not limited to, requiring the station to cease using ENT and to use real-time captioning for live programming. ( v ) Progress report. No later than one year after the effective date of this paragraph (e)(11) , broadcast stations that adhere to the procedures set forth in paragraph (e)(11)(i) shall jointly prepare and submit to the Commission, in consultation with individuals who rely on captions to watch television and organizations representing such individuals, a report on their experiences with following such procedures, and the extent to which they have been successful in providing full and equal access to live programming. ( f ) Procedures for exemptions based on economically burdensome standard. ( 1 ) A video programming provider, video programming producer or video programming owner may petition the Commission for a full or partial exemption from the closed captioning requirements. Exemptions may be granted, in whole or in part, for a channel of video programming, a category or type of video programming, an individual video service, a specific video program or a video programming provider upon a finding that the closed captioning requirements will be economically burdensome. ( 2 ) A petition for an exemption must be supported by sufficient evidence to demonstrate that compliance with the requirements to closed caption video programming would be economically burdensome. The term “economically burdensome” means significant difficulty or expense. Factors to be considered when determining whether the requirements for closed captioning are economically burdensome include: ( i ) The nature and cost of the closed captions for the programming; ( ii ) The impact on the operation of the provider or program owner; ( iii ) The financial resources of the provider or program owner; and ( iv ) The type of operations of the provider or program owner. ( 3 ) In addition to these factors, the petition shall describe any other factors the petitioner deems relevant to the Commission's final determination and any available alternatives that might constitute a reasonable substitute for the closed captioning requirements including, but not limited to, text or graphic display of the content of the audio portion of the programming. The extent to which the provision of closed captions is economically burdensome shall be evaluated with regard to the individual outlet. ( 4 ) A petition requesting an exemption based on the economically burdensome standard, and all subsequent pleadings, shall be filed electronically in accordance with § 0.401(a)(1)(iii) of this chapter . ( 5 ) The Commission will place the petition on public notice. ( 6 ) Any interested person may file comments or oppositions to the petition within 30 days of the public notice of the petition. Within 20 days of the close of the comment period, the petitioner may reply to any comments or oppositions filed. ( 7 ) Comments or oppositions to the petition shall be filed electronically and served on the petitioner and shall include a certification that the petitioner was served with a copy. Replies to comments or oppositions shall be filed electronically and served on the commenting or opposing party and shall include a certification that the commenting or opposing party was served with a copy. Comments or oppositions and replies may be served upon a party, its attorney, or other duly constituted agent by delivering or mailing a copy to the last known address in accordance with § 1.47 of this chapter or by sending a copy to the email address last provided by the party, its attorney, or other duly constituted agent. ( 8 ) Upon a showing of good cause, the Commission may lengthen or shorten any comment period and waive or establish other procedural requirements. ( 9 ) All petitions and responsive pleadings shall contain a detailed, full showing, supported by affidavit, of any facts or considerations relied on. ( 10 ) The Commission may deny or approve, in whole or in part, a petition for an economically burdensome exemption from the closed captioning requirements. ( 11 ) During the pendency of an economically burdensome determination, the video programming subject to the request for exemption shall be considered exempt from the closed captioning requirements. ( g ) Complaint procedures — ( 1 ) Filing closed captioning complaints. Complaints concerning an alleged violation of the closed captioning requirements of this section shall be filed with the Commission or with the video programming distributor responsible for delivery and exhibition of the video programming within sixty (60) days after the problem with captioning. ( 2 ) Complaints filed with the Commission. A complaint filed with the Commission must be in writing, must state with specificity the alleged Commission rule violated, and must include: ( i ) The consumer's name, postal address, and other contact information, if available, such as telephone number or email address, along with the consumer's preferred format or method of response to the complaint (such as letter, facsimile transmission, telephone (voice/TRS/TTY), email, or some other method that would best accommodate the consumer. ( ii ) The channel number; channel name, network, or call sign; the name of the multichannel video program distributor, if applicable; the date and time when the captioning problem occurred; the name of the program with the captioning problem; and a detailed description of the captioning problem, including specific information about the frequency and type of problem. ( 3 ) Process for forwarding complaints. The Commission will forward complaints filed first with the Commission to the appropriate video programming distributor and video programmer. If the Commission cannot determine the appropriate video programmer, the Commission will forward the complaint to the video programming distributor and notify the video programming distributor of the Commission's inability to determine the appropriate video programmer. The video programming distributor must respond in writing to the Commission with the name and contact information for the appropriate video programmer within ten (10) days after the date of such notification. The Commission will then forward the complaint to the appropriate video programmer. ( 4 ) Video programming distributor and video programmer responsibilities with respect to complaints forwarded by the Commission. ( i ) In response to a complaint, the video programming distributor must conduct an investigation to identify the source of the captioning problem and resolve all aspects of the captioning problem that are within its control. At a minimum, a video programming distributor must perform the following actions as part of its investigation: ( A ) Program stream check. The video programming distributor must capture program streams, defined as digitally encoded elementary streams such as video, audio, closed captioning, timing, and other data necessary for a viewer to receive a complete television viewing experience, of the programming network identified in the complaint and check the program streams for any caption-related impairments; ( B ) Processing equipment check. If the video programming distributor's investigation indicates a problem with the program stream, and there is not prior knowledge as to where the problem originated, the video programming distributor must check post-processing equipment at the relevant headend or other video distribution facility to see if the issue was introduced by the video programming distributor or was present in the program stream when received by the video programming distributor from the video programmer; and ( C ) Consumer premises check. If the video programming distributor's investigation indicates that the problem may lie with the consumer's customer premises equipment, including the set-top box, the video programming distributor must check the end user equipment, either remotely or, if necessary, at the consumer's premises, to ensure there are no issues that might interfere with the pass through, rendering, or display of closed captioning. ( ii ) After conducting its investigation, the video programming distributor shall provide a response to the complaint in writing to the Commission, the appropriate video programmer, and the complainant within thirty (30) days after the date the Commission forwarded the complaint. The video programming distributor's response must: ( A ) Acknowledge responsibility for the closed captioning problem and describe the steps taken to resolve the problem; or ( B ) Certify that the video programming distributor has conducted an investigation into the closed captioning problems in accordance with paragraph (g)(4)(i) of this section and that the closed captioning problem is not within the video programming distributor's control and appears to have been present in the program steam when received by the video programming distributor; or ( C ) Certify that the video programming distributor has conducted an investigation into the closed captioning problems in accordance with paragraph (g)(4)(i) of this section and that the closed captioning problem appears to have been caused by a third party DVR, television, or other third party device not within the video programming distributor's control. ( iii ) If the video programming distributor provides a certification in accordance with paragraph (g)(4)(ii)(B) of this section, the video programmer to whom the complaint was referred must conduct an investigation to identify the source of the captioning problem and resolve all aspects of the captioning problem that are within its control. ( A ) The video programmer may call upon the video programming distributor for assistance as needed, and the video programming distributor must provide assistance to the video programmer in resolving the complaint, as needed. ( B ) After conducting its investigation, the video programmer must provide a response to the complaint in writing to the Commission, the appropriate video programming distributor, and the complainant within thirty (30) days after the date of the video programming distributor's certification. Such response either must describe the steps taken by the video programmer to correct the captioning problem or certify that the video programmer has conducted an investigation into the closed captioning problems in accordance with paragraph (g)(4)(iii) of this section and that the captioning problem was not within its control, for example, because the program stream was not subject to the closed captioning problem at the time the program stream was handed off to the video programming distributor. ( C ) If the video programmer certifies pursuant paragraph (g)(4)(iii)(B) of this section that the captioning problem was not within its control, and it has not been determined by either the video programmer or the video programming distributor that the problem was caused by a third party device or other causes that appear not to be within the control of either the video programming distributor or the video programmer, the video programming distributor and video programmer shall work together to determine the source of the captioning problem. Once the source of the captioning problem is determined, the video programming distributor and video programmer shall each correct those aspects of the captioning problem that are within its respective control. Within thirty (30) days after the date of the video programmer's certification provided pursuant to paragraph (g)(4)(iii)(B) of this section, the video programming distributor, after consulting with the video programmer, shall report in writing to the Commission and the complainant on the steps taken to correct the captioning problem. ( 5 ) Complaints filed with video programming distributors. ( i ) If a complaint is first filed with the video programming distributor, the video programming distributor must respond in writing to the complainant with thirty (30) days after the date of the complaint. The video programming distributor's response must either: ( A ) Acknowledge responsibility for the closed captioning problem and describe to the complainant the steps taken to resolve the problem; or ( B ) Inform the complainant that it has referred the complaint to the appropriate video programmer or other responsible entity and provide the name and contact information of the video programmer or other responsible entity and the unique complaint identification number assigned to the complaint pursuant to paragraph (g)(5)(ii)(B) of this section; or ( C ) Inform the complainant that the closed captioning problem appears to have been caused by a third party DVR, television, or other third party device not within the video programming distributor's control. ( ii ) If the video programming distributor determines that the issue raised in the complaint was not within the video programming distributor's control and was not caused by a third party device, the video programming distributor must forward the complaint and the results of its investigation of the complaint to the appropriate video programmer or other responsible entity within thirty (30) days after the date of the complaint. ( A ) The video programming distributor must either forward the complaint with the complainant's name, contact information and other identifying information redacted or provide the video programmer or other responsible entity with sufficient information contained in the complaint to achieve the complaint's investigation and resolution. ( B ) The video programming distributor must assign a unique complaint identification number to the complaint and transmit that number to the video programmer with the complaint. ( iii ) If a video programming distributor forwards a complaint to a video programmer or other responsible entity pursuant to paragraph (g)(5)(ii) of this section, the video programmer or other responsible entity must respond to the video programming distributor in writing in a form that can be forwarded to the complainant within thirty (30) days after the forwarding date of the complaint. ( A ) The video programming distributor must forward the video programmer's or other responsible entity's response to the complainant within ten (10) days after the date of the response. ( B ) If the video programmer or other responsible entity does not respond to the video programming distributor within thirty (30) days after the forwarding date of the complaint, the video programming distributor must inform the complainant of the video programmer's or other responsible entity's failure to respond within forty (40) days after the forwarding date of the complaint. ( iv ) If a video programming distributor fails to respond to the complainant as required by paragraphs (g)(5)(i) of this section, or if the response received by the complainant does not satisfy the complainant, the complainant may file the complaint with the Commission within sixty (60) days after the time allotted for the video programming distributor to respond to the complainant. The Commission will forward such complaint to the video programming distributor and video programmer, and the video programming distributor and video programmer shall address such complaint as specified in paragraph (g)(4) of this section. ( v ) If a video programmer or other responsible entity fails to respond to the video programming distributor as required by paragraph (g)(5)(iii) of this section, or if a video programming distributor fails to respond to the complainant as required by paragraph (g)(5)(iii)(A) or (B) of this section, or if the response from the video programmer or other responsible entity forwarded by the video programming distributor to the complainant does not satisfy the complainant, the complainant may file the complaint with the Commission within sixty (60) days after the time allotted for the video programming distributor to respond to the complainant pursuant to paragraph (g)(5)(iii)(A) or (B) of this section. The Commission will forward such complaints to the appropriate video programming distributor and video programmer, and the video programming distributor and video programmer shall handle such complaints as specified in paragraph (g)(4) of this section. ( 6 ) Provision of documents and records. In response to a complaint, a video programming distributor or video programmer is obligated to provide the Commission with sufficient records and documentation to demonstrate that it is in compliance with the Commission's rules. ( 7 ) Reliance on certifications. Video programming distributors may rely on certifications from video programmers made in accordance with paragraph (m) of this section to demonstrate compliance with paragraphs (b)(1)(i) and (b)(2)(i) of this section. Video programming distributors shall not be held responsible for situations where a video programmer falsely certifies under paragraph (m) of this section unless the video programming distributor knows or should have known that the certification is false. ( 8 ) Commission review of complaints. The Commission will review complaints filed with the Commission, including all supporting evidence, and determine whether a violation has occurred. The Commission will, as needed, request additional information from the video programming distributor or video programmer. ( 9 ) Compliance — ( i ) Initial response to a pattern or trend of noncompliance. If the Commission notifies a video programming distributor or video programmer of a pattern or trend of possible noncompliance with the Commission's rules for the quality of closed captioning by the video programming distributor or video programmer, the video programming distributor or video programmer shall respond to the Commission within thirty (30) days after the Commission's notice of such possible noncompliance, describing corrective measures taken, including those measures the video programming distributor or video programmer may have undertaken in response to informal complaints and inquiries from viewers. ( ii ) Corrective action plan. If, after the date for a video programming distributor or video programmer to respond to a notification under paragraph (g)(9)(i) of this section, the Commission subsequently notifies the video programming distributor or video programmer that there is further evidence indicating a pattern or trend of noncompliance with the Commission's rules for quality of closed captioning, the video programming distributor or video programmer shall submit to the Commission, within thirty (30) days after the date of such subsequent notification, a written action plan describing specific measures it will take to bring the video programming distributor's or video programmer's closed captioning performance into compliance with the Commission's closed captioning quality rules. In addition, the video programming distributor or video programmer shall conduct spot checks of its closed captioning quality performance and report to the Commission on the results of such action plan and spot checks 180 days after the submission of such action plan. ( iii ) Continued evidence of a pattern or trend of noncompliance. If, after the date for submission of a report on the results of an action plan and spot checks pursuant to paragraph (g)(9)(ii) of this section, the Commission finds continued evidence of a pattern or trend of noncompliance, additional enforcement actions may be taken, which may include admonishments, forfeitures, and other corrective actions. ( iv ) Enforcement action. The Commission may take enforcement action, which may include admonishments, forfeitures, and other corrective actions, without providing a video programming distributor or video programmer the opportunity for an initial response to a pattern or trend of noncompliance or a corrective action plan, or both, under paragraphs (g)(9)(i) and (ii) of this section, for a systemic closed captioning quality problem or an intentional and deliberate violation of the Commission's rules for the quality of closed captioning. ( h ) Private rights of action prohibited. Nothing in this section shall be construed to authorize any private right of action to enforce any requirement of this section. The Commission shall have exclusive jurisdiction with respect to any complaint under this section. ( i ) Contact information. ( 1 ) Receipt and handling of immediate concerns. Video programming distributors shall make publicly available contact information for the receipt and handling of immediate closed captioning concerns raised by consumers while they are watching a program. Video programming distributors must designate a telephone number, fax number (if the video programming distributor has a fax number), and email address for purposes of receiving and responding immediately to any closed captioning concerns. Video programming distributors shall include this information on their Web sites (if they have a Web site), in telephone directories, and in billing statements (to the extent the distributor issues billing statements). Video programming distributors shall keep this information current and update it to reflect any changes within ten (10) business days for Web sites, by the next billing cycle for billing statements, and by the next publication of directories. Video programming distributors shall ensure that any staff reachable through this contact information has the capability to immediately respond to and address consumers' concerns. To the extent that a distributor has personnel available, either on site or remotely, to address any technical problems that may arise, consumers using this dedicated contact information must be able to reach someone, either directly or indirectly, who can address the consumer's captioning concerns. This provision does not require that distributors alter their hours of operation or the hours during which they have staffing available; at the same time, however, where staff is available to address technical issues that may arise during the course of transmitting programming, they also must be knowledgeable about and be able to address closed captioning concerns. In situations where a video programming distributor is not immediately available, any calls or inquiries received, using this dedicated contact information, should be returned or otherwise addressed within 24 hours. In those situations where the captioning problem does not reside with the video programming distributor, the staff person receiving the inquiry shall refer the matter appropriately for resolution. ( 2 ) Complaints. Video programming distributors shall make contact information publicly available for the receipt and handling of written closed captioning complaints that do not raise the type of immediate issues that are addressed in paragraph (i)(1) of this section. The contact information required for written complaints shall include the name of a person with primary responsibility for captioning issues and who can ensure compliance with the Commission's rules. In addition, this contact information shall include the person's title or office, telephone number, fax number (if the video programming distributor has a fax number), postal mailing address, and email address. Video programming distributors shall include this information on their Web sites (if they have a Web site), in telephone directories, and in billing statements (to the extent the distributor issues billing statements). Video programming distributors shall keep this information current and update it within ten (10) business days for Web sites, by the next billing cycle for billing statements, and by the next publication of directories. ( 3 ) Providing contact information to the Commission. ( i ) Prior to the compliance date of paragraph (m) of this section, video programming distributors shall file the contact information described in this section with the Commission in one of the following ways: through a web form located on the FCC website; with the Chief of the Disability Rights Office, Consumer and Governmental Affairs Bureau; or by sending an email to CLOSEDCAPTIONING_POC@fcc.gov . Contact information shall be available to consumers on the FCC website or by telephone inquiry to the Commission's Consumer Center. Distributors shall notify the Commission each time there is a change in any of this required information within 10 business days. ( ii ) As of the compliance date of paragraph (m) of this section, video programming distributors and video programmers shall file contact information with the Commission through a web form located on the Commission's website. Such contact information shall include the name of a person with primary responsibility for captioning issues and ensuring compliance with the Commission's rules. In addition, such contact information shall include the person's title or office, telephone number, fax number (if the video programming distributor or video programmer has a fax number), postal mailing address, and email address. Contact information shall be available to consumers on the Commission's website or by telephone inquiry to the Commission's Consumer Center. Video programming distributors and video programmers shall notify the Commission each time there is a change in any of this required information within ten (10) business days. ( j ) Captioning quality obligation; standards. ( 1 ) ( i ) Prior to the compliance date of paragraph (m) of this section, a video programming distributor shall exercise best efforts to obtain a certification from each video programmer from which the distributor obtains programming stating: ( A ) That the video programmer's programming satisfies the caption quality standards of paragraph (j)(2) of this section; ( B ) That in the ordinary course of business, the video programmer has adopted and follows the Best Practices set forth in paragraph (k)(1) of this section; or ( C ) That the video programmer is exempt from the closed captioning rules under one or more properly attained exemptions. ( ii ) For programmers certifying exemption from the closed captioning rules, the video programming distributor must obtain a certification from the programmer that specifies the exact exemption that the programmer is claiming. Video programming distributors may satisfy their best efforts obligation by locating a programmer's certification on the programmer's website or other widely available locations used for the purpose of posting widely available certifications. If a video programming distributor is unable to locate such certification on the programmer's website or other widely available location used for the purpose of posting such certification, the video programming distributor must inform the video programmer in writing that it must make widely available such certification within 30 days after receiving the written request. If a video programmer does not make such certification widely available within 30 days after receiving a written request, the video programming distributor shall promptly submit a report to the Commission identifying such non-certifying video programmer for the purpose of being placed in a publicly available database. A video programming distributor that meets each of the requirements of this paragraph shall not be liable for violations of paragraphs (j)(2) and (3) of this section to the extent that any such violations are outside the control of the video programming distributor. Compliance with this paragraph (j)(1) shall not be required as of the compliance date of paragraph (m) of this section. The Commission will publish a document in the Federal Register announcing that compliance date and revising this paragraph accordingly. ( 2 ) Captioning quality standards. Closed captioning shall convey the aural content of video programming in the original language ( i.e. English or Spanish) to individuals who are deaf and hard of hearing to the same extent that the audio track conveys such content to individuals who are able to hear. Captioning shall be accurate, synchronous, complete, and appropriately placed as those terms are defined herein. ( i ) Accuracy. Captioning shall match the spoken words (or song lyrics when provided on the audio track) in their original language (English or Spanish), in the order spoken, without substituting words for proper names and places, and without paraphrasing, except to the extent that paraphrasing is necessary to resolve any time constraints. Captions shall contain proper spelling (including appropriate homophones), appropriate punctuation and capitalization, correct tense and use of singular or plural forms, and accurate representation of numbers with appropriate symbols or words. If slang or grammatical errors are intentionally used in a program's dialogue, they shall be mirrored in the captions. Captioning shall provide nonverbal information that is not observable, such as the identity of speakers, the existence of music (whether or not there are also lyrics to be captioned), sound effects, and audience reaction, to the greatest extent possible, given the nature of the program. Captions shall be legible, with appropriate spacing between words for readability. ( ii ) Synchronicity. Captioning shall coincide with the corresponding spoken words and sounds to the greatest extent possible, given the type of the programming. Captions shall begin to appear at the time that the corresponding speech or sounds begin and end approximately when the speech or sounds end. Captions shall be displayed on the screen at a speed that permits them to be read by viewers. ( iii ) Completeness. Captioning shall run from the beginning to the end of the program, to the fullest extent possible. ( iv ) Placement. Captioning shall be viewable and shall not block other important visual content on the screen, including, but not limited to, character faces, featured text (e.g., weather or other news updates, graphics and credits), and other information that is essential to understanding a program's content when the closed captioning feature is activated. Caption font shall be sized appropriately for legibility. Lines of caption shall not overlap one another and captions shall be adequately positioned so that they do not run off the edge of the video screen. ( 3 ) Application of captioning quality standards. Video Programmers shall ensure that captioning meet the standards of paragraph (j)(2) of this section for accuracy, synchronicity, completeness and placement, except for de minimis captioning errors. In determining whether a captioning error is de minimis , the Commission will consider the particular circumstances presented, including the type of failure, the reason for the failure, whether the failure was one-time or continuing, the degree to which the program was understandable despite the errors, and the time frame within which corrective action was taken to prevent such failures from recurring. When applying such standards to live and near-live programming, the Commission will also take into account, on a case-by-case basis, the following factors: ( i ) Accuracy. The overall accuracy or understandability of the programming, the ability of the captions to convey the aural content of the program in a manner equivalent to the aural track, and the extent to which the captioning errors prevented viewers from having access to the programming. ( ii ) Synchronicity. The extent to which measures have been taken, to the extent technically feasible, to keep any delay in the presentation of captions to a minimum, consistent with an accurate presentation of what is being said, so that the time between when words are spoken or sounds occur and captions appear does not interfere with the ability of viewers to follow the program. ( iii ) Completeness. The delays inherent in sending captioning transmissions on live programs, and whether steps have been taken, to the extent technically feasible, to minimize the lag between the time a program's audio is heard and the time that captions appear, so that captions are not cut off when the program transitions to a commercial or a subsequent program. ( iv ) Placement. The type and nature of the programming and its susceptibility to unintentional blocking by captions. ( k ) Captioning Best Practices — ( 1 ) Video Programmer Best Practices. Video programmers adopting Best Practices will adhere to the following practices. ( i ) Agreements with captioning services. Video programmers adopting Best Practices will take the following actions to promote the provision of high quality television closed captions through new or renewed agreements with captioning vendors. ( A ) Performance requirements. Include performance requirements designed to promote the creation of high quality closed captions for video programming, comparable to those described in paragraphs (k)(2) , (k)(3) and (k)(4) of this section. ( B ) Verification. Include a means of verifying compliance with such performance requirements, such as through periodic spot checks of captioned programming. ( C ) Training. Include provisions designed to ensure that captioning vendors' employees and contractors who provide caption services have received appropriate training and that there is oversight of individual captioners' performance. ( ii ) Operational Best Practices. Video programmers adopting Best Practices will take the following actions to promote delivery of high quality television captions through improved operations. ( A ) Preparation materials. To the extent available, provide captioning vendors with advance access to preparation materials such as show scripts, lists of proper names (people and places), and song lyrics used in the program, as well as to any dress rehearsal or rundown that is available and relevant. ( B ) Quality audio. Make commercially reasonable efforts to provide captioning vendors with access to a high quality program audio signal to promote accurate transcription and minimize latency. ( C ) Captioning for prerecorded programming. ( 1 ) The presumption is that pre-recorded programs, excluding programs that initially aired with real-time captions, will be captioned offline before air except when, in the exercise of a programmer's commercially reasonable judgment, circumstances require real-time or live display captioning. Examples of commercially reasonable exceptions may include instances when: ( i ) A programmer's production is completed too close to initial air time be captioned offline or may require editorial changes up to air time (e.g., news content, reality shows), ( ii ) A program is delivered late, ( iii ) There are technical problems with the caption file, ( iv ) Last minute changes must be made to later network feeds (e.g., when shown in a later time zone) due to unforeseen circumstances, ( v ) There are proprietary or confidentiality considerations, or ( vi ) Video programming networks or channels with a high proportion of live or topical time-sensitive programming, but also some pre-recorded programs, use real-time captioning for all content (including pre-recorded programs) to allow for immediate captioning of events or breaking news stories that interrupt scheduled programming. ( 2 ) The video programmer will make reasonable efforts to employ live display captioning instead of real-time captioning for prerecorded programs if the complete program can be delivered to the caption service provider in sufficient time prior to airing. ( iii ) Monitoring and Remedial Best Practices. Video programmers adopting Best Practices will take the following actions aimed at improving prompt identification and remediation of captioning errors when they occur. ( A ) Pre-air monitoring of offline captions. As part of the overall pre-air quality control process for television programs, conduct periodic checks of offline captions on prerecorded programs to determine the presence of captions. ( B ) Real-time monitoring of captions. Monitor television program streams at point of origination (e.g., monitors located at the network master control point or electronic monitoring) to determine presence of captions. ( C ) Programmer and captioning vendor contacts. Provide to captioning vendors appropriate staff contacts who can assist in resolving captioning issues. Make captioning vendor contact information readily available in master control or other centralized location, and contact captioning vendor promptly if there is a caption loss or obvious compromise of captions. ( D ) Recording of captioning issues. Maintain a log of reported captioning issues, including date, time of day, program title, and description of the issue. Beginning one year after the effective date of the captioning quality standards, such log should reflect reported captioning issues from the prior year. ( E ) Troubleshooting protocol. Develop procedures for troubleshooting consumer captioning complaints within the distribution chain, including identifying relevant points of contact, and work to promptly resolve captioning issues, if possible. ( F ) Accuracy spot checks. Within 30 days following notification of a pattern or trend of complaints from the Commission, conduct spot checks of television program captions to assess caption quality and address any ongoing concerns. ( iv ) Certification procedures for video programmers. Video programmers adopting Best Practices will take one of the following actions to certify that they adhere to Best Practices for video programmers. ( A ) Prior to the compliance date of paragraph (m) of this section, video programmers adopting Best Practices will certify to video programming distributors that they adhere to Best Practices for video programmers and will make such certifications widely available to video programming distributors, for example, by posting on affiliate websites. ( B ) As of the compliance date of paragraph (m) of this section, video programmers adopting Best Practices will certify to the Commission that they adhere to Best Practices for video programmers, in accordance with paragraph (m) of this section. ( 2 ) Real-Time (Live) Captioning Vendors Best Practices. ( i ) Create and use metrics to assess accuracy, synchronicity, completeness, and placement of real-time captions. ( ii ) Establish minimum acceptable standards based upon those metrics while striving to regularly exceed those minimum standards. ( iii ) Perform frequent and regular evaluations and sample audits to ensure those standards are maintained. ( iv ) Consider “accuracy” of captions to be a measurement of the percentage of correct words out of total words in the program, calculated by subtracting number of errors from total number of words in the program, dividing that number by total number of words in the program and converting that number to a percentage. For example, 7,000 total words in the program minus 70 errors equals 6,930 correct words captioned, divided by 7,000 total words in the program equals 0.99 or 99% accuracy. ( v ) Consider, at a minimum, mistranslated words, incorrect words, misspelled words, missing words, and incorrect punctuation that impedes comprehension and misinformation as errors. ( A ) Captions are written in a near-as-verbatim style as possible, minimizing paraphrasing. ( B ) The intended message of the spoken dialogue is conveyed in the associated captions in a clear and comprehensive manner. ( C ) Music lyrics should accompany artist performances. ( vi ) Consider synchronicity of captions to be a measurement of lag between the spoken word supplied by the program origination point and when captions are received at the same program origination point. ( vii ) Ensure placement of captions on screen to avoid obscuring on-screen information and graphics (e.g., sports coverage). ( viii ) Ensure proper screening, training, supervision, and evaluation of captioners by experienced and qualified real-time captioning experts. ( ix ) Ensure there is an infrastructure that provides technical and other support to video programmers and captioners at all times. ( x ) Ensure that captioners are qualified for the type and difficulty level of the programs to which they are assigned. ( xi ) Utilize a system that verifies captioners are prepared and in position prior to a scheduled assignment. ( xii ) Ensure that technical systems are functional and allow for fastest possible delivery of caption data and that failover systems are in place to prevent service interruptions. ( xiii ) Regularly review discrepancy reports in order to correct issues and avoid future issues. ( xiv ) Respond in a timely manner to concerns raised by video programmers or viewers. ( xv ) Alert video programmers immediately if a technical issue needs to be addressed on their end. ( xvi ) Inform video programmers of appropriate use of real-time captioning ( i.e., for live and near-live programming, and not for prerecorded programming) and what is necessary to produce quality captions, including technical requirements and the need for preparatory materials. ( xvii ) For better coordination for ensuring high quality captions and for addressing problems as they arise, understand the roles and responsibilities of other stakeholders in the closed-captioning process, including broadcasters, producers, equipment manufacturers, regulators, and viewers, and keep abreast of issues and developments in those sectors. ( xviii ) Ensure that all contracted captioners adhere to the Real-Time Captioners Best Practices contained in paragraph (k)(3) of this section. ( 3 ) Real-Time Captioners Best Practices. ( i ) Caption as accurately, synchronously, completely, and appropriately placed as possible, given the nature of the programming. ( ii ) Ensure they are equipped with a failover plan to minimize caption interruption due to captioner or equipment malfunction. ( iii ) Be equipped with reliable, high speed Internet. ( iv ) Be equipped with multiple telephone lines. ( v ) Prepare as thoroughly as possible for each program. ( vi ) File thorough discrepancy reports with the captioning vendor in a timely manner. ( vii ) To the extent possible given the circumstances of the program, ensure that real-time captions are complete when the program ends. ( viii ) Engage the command that allows captions to pass at commercials and conclusion of broadcasts. ( ix ) Monitor captions to allow for immediate correction of errors and prevention of similar errors appearing or repeating in captions. ( x ) Perform frequent and regular self-evaluations. ( xi ) Perform regular dictionary maintenance. ( xii ) Keep captioning equipment in good working order and update software and equipment as needed. ( xiii ) Possess the technical skills to troubleshoot technical issues. ( xiv ) Keep abreast of current events and topics that they caption. ( 4 ) Offline (Prerecorded) Captioning Vendors Best Practices. ( i ) Ensure offline captions are verbatim. ( ii ) Ensure offline captions are error-free. ( iii ) Ensure offline captions are punctuated correctly and in a manner that facilitates comprehension. ( iv ) Ensure offline captions are synchronized with the audio of the program. ( v ) Ensure offline captions are displayed with enough time to be read completely and that they do not obscure the visual content. ( vi ) [Reserved] ( vii ) Ensure offline captioning is a complete textual representation of the audio, including speaker identification and non-speech information. ( viii ) Create or designate a manual of style to be applied in an effort to achieve uniformity in presentation. ( ix ) Employ frequent and regular evaluations to ensure standards are maintained. ( x ) Inform video programmers of appropriate uses of real-time and offline captioning and strive to provide offline captioning for prerecorded programming. ( A ) Encourage use of offline captioning for live and near-live programming that originally aired on television and re-feeds at a later time. ( B ) Encourage use of offline captioning for all original and library prerecorded programming completed well in advance of its distribution on television. ( xi ) For better coordination for ensuring high quality captions and for addressing problems as they arise, understand the roles and responsibilities of other stakeholders in the closed-captioning process, including video program distributors, video programmers, producers, equipment manufacturers, regulators, and viewers, and keep abreast of issues and developments in those sectors. ( l ) [Reserved] ( m ) Video programmer certification. ( 1 ) On or before the compliance date, or prior to the first time a video programmer that has not previously provided video programming shown on television provides video programming for television for the first time, whichever is later, and on or before July 1 of each year thereafter, each video programmer shall submit a certification to the Commission through a web form located on the Commission's website stating that: ( i ) The video programmer provides closed captioning for its programs in compliance with the Commission's rules; and ( ii ) The video programmers' programs either satisfy the caption quality standards of paragraph (j)(2) of this section; or in the ordinary course of business, the video programmer has adopted and follows the Best Practices set forth in paragraph (k)(1) of this section. ( 2 ) If all of video programmer's programs are exempt from the closed captioning rules under one or more of the exemptions set forth in this section, in lieu of the certification required by paragraph (m)(1) of this section, the video programmer shall submit a certification to the Commission through a web form located on the Commission's Web site stating that all of its programs are exempt from the closed captioning rules and specify each category of exemption claimed by the video programmer. ( 3 ) If some of a video programmer's programs are exempt from the closed captioning rules under one or more of the exemptions set forth in this section, as part of the certification required by paragraph (m)(1) of this section, the video programmer shall include a certification stating that some of its programs are exempt from the closed captioning rules and specify each category of exemption claimed by the video programmer. ( 4 ) A television broadcast station licensed pursuant to part 73 of this chapter or a low power television broadcast station licensed pursuant to part 74, subpart G, of this chapter, or the owner of either such station, is not required to provide a certification for video programming that is broadcast by the television broadcast station. ( 5 ) Compliance with paragraphs (m)(1) through (4) of this section is not required until the Commission publishes a document in the Federal Register announcing the compliance date and revising this paragraph accordingly. [ 62 FR 48493 , Sept. 16, 1997, as amended at 63 FR 55962 , Oct. 20, 1998; 64 FR 33424 , June 23, 1999; 65 FR 58477 , Sept. 29, 2000; 69 FR 72047 , Dec. 10, 2004; 74 FR 1604 , Jan. 13, 2009; 74 FR 46703 , Sept. 11, 2009; 75 FR 7369 , Feb. 19, 2010; 77 FR 19515 , Mar. 30, 2012; 77 FR 48104 , Aug. 13, 2012; 79 FR 17926 , Mar. 31, 2014; 79 FR 77916 , Dec. 29, 2014; 81 FR 57485 , Aug. 23, 2016; 86 FR 51013 , Sept. 14, 2021; 86 FR 70750 , Dec. 13, 2021; 87 FR 54630 , Sept. 7, 2022] § 79.2 Accessibility of programming providing emergency information. ( a ) Definitions. ( 1 ) For purposes of this section, the definitions in §§ 79.1 and 79.3 apply. ( 2 ) Emergency information. Information, about a current emergency, that is intended to further the protection of life, health, safety, and property, i.e. , critical details regarding the emergency and how to respond to the emergency. Examples of the types of emergencies covered include tornadoes, hurricanes, floods, tidal waves, earthquakes, icing conditions, heavy snows, widespread fires, discharge of toxic gases, widespread power failures, industrial explosions, civil disorders, school closings and changes in school bus schedules resulting from such conditions, and warnings and watches of impending changes in weather. Note to paragraph ( a )(2): Critical details include, but are not limited to, specific details regarding the areas that will be affected by the emergency, evacuation orders, detailed descriptions of areas to be evacuated, specific evacuation routes, approved shelters or the way to take shelter in one's home, instructions on how to secure personal property, road closures, and how to obtain relief assistance. ( b ) Requirements for accessibility of programming providing emergency information. ( 1 ) Video programming distributors must make emergency information, as defined in paragraph (a) of this section, that is provided in the audio portion of the programming accessible to persons with hearing disabilities by using a method of closed captioning or by using a method of visual presentation, as described in § 79.1 . ( 2 ) Video programming distributors and video programming providers must make emergency information, as defined in paragraph (a) of this section, accessible as follows: ( i ) Emergency information that is provided visually during a regularly scheduled newscast, or newscast that interrupts regular programming, must be made accessible to individuals who are blind or visually impaired; and ( ii ) Emergency information that is provided visually during programming that is neither a regularly scheduled newscast, nor a newscast that interrupts regular programming, must be accompanied with an aural tone, and beginning May 26, 2015 except as provided in paragraph (b)(6) of this section, must be made accessible to individuals who are blind or visually impaired through the use of a secondary audio stream to provide the emergency information aurally. Emergency information provided aurally on the secondary audio stream must be preceded by an aural tone and must be conveyed in full at least twice. Emergency information provided through use of text-to-speech (“TTS”) technologies must be intelligible and must use the correct pronunciation of relevant information to allow consumers to learn about and respond to the emergency, including, but not limited to, the names of shelters, school districts, streets, districts, and proper names noted in the visual information. The video programming distributor or video programming provider that creates the visual emergency information content and adds it to the programming stream is responsible for providing an aural representation of the information on a secondary audio stream, accompanied by an aural tone. Video programming distributors are responsible for ensuring that the aural representation of the emergency information (including the accompanying aural tone) gets passed through to consumers. ( 3 ) This rule applies to emergency information primarily intended for distribution to an audience in the geographic area in which the emergency is occurring. ( 4 ) Video programming distributors must ensure that emergency information does not block any closed captioning and any closed captioning does not block any emergency information provided by means other than closed captioning. ( 5 ) Video programming distributors and video programming providers must ensure that aural emergency information provided in accordance with paragraph (b)(2)(ii) of this section supersedes all other programming on the secondary audio stream, including audio description, foreign language translation, or duplication of the main audio stream, with each entity responsible only for its own actions or omissions in this regard. ( 6 ) Beginning July 10, 2017, multichannel video programming distributors must ensure that any application or plug-in that they provide to consumers to access linear programming on tablets, smartphones, laptops, and similar devices over the MVPD's network as part of their multichannel video programming distributor services is capable of passing through to consumers an aural representation of the emergency information (including the accompanying aural tone) on a secondary audio stream. ( c ) Complaint procedures. A complaint alleging a violation of this section may be transmitted to the Consumer and Governmental Affairs Bureau by any reasonable means, such as the Commission's online informal complaint filing system, letter, facsimile transmission, telephone (voice/TRS/TTY), Internet email, audio-cassette recording, and Braille, or some other method that would best accommodate the complainant's disability. The complaint should include the name of the video programming distributor or the video programming provider against whom the complaint is alleged, the date and time of the omission of emergency information, and the type of emergency. The Commission will notify the video programming distributor or the video programming provider of the complaint, and the distributor or the provider will reply to the complaint within 30 days. [ 65 FR 26762 , May 9, 2000, as amended at 65 FR 54811 , Sept. 11, 2000; 78 FR 31797 , May 24, 2013; 80 FR 39714 , July 10, 2015; 85 FR 76484 , Nov. 30, 2020] § 79.3 Audio description of video programming. ( a ) Definitions. For purposes of this section the following definitions shall apply: ( 1 ) Designated Market Areas (DMAs). Unique, county-based geographic areas designated by The Nielsen Company, a television audience measurement service, based on television viewership in the counties that make up each DMA. ( 2 ) Video programming provider. Any video programming distributor and any other entity that provides video programming that is intended for distribution to residential households including, but not limited to, broadcast or nonbroadcast television networks and the owners of such programming. ( 3 ) Audio description/video description. The insertion of audio narrated descriptions of a television program's key visual elements into natural pauses between the program's dialogue. ( 4 ) Video programming. Programming provided by, or generally considered comparable to programming provided by, a television broadcast station, but not including consumer-generated media. ( 5 ) Video programming distributor. Any television broadcast station licensed by the Commission and any multichannel video programming distributor (MVPD), and any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission. ( 6 ) Prime time. The period from 8 to 11 p.m. Monday through Saturday, and 7 to 11 p.m. on Sunday local time, except that in the central time zone the relevant period shall be between the hours of 7 and 10 p.m. Monday through Saturday, and 6 and 10 p.m. on Sunday, and in the mountain time zone each station shall elect whether the period shall be 8 to 11 p.m. Monday through Saturday, and 7 to 11 p.m. on Sunday, or 7 to 10 p.m. Monday through Saturday, and 6 to 10 p.m. on Sunday. ( 7 ) Live or near-live programming. Programming performed either simultaneously with, or recorded no more than 24 hours prior to, its first transmission by a video programming distributor. ( 8 ) Children's Programming. Television programming directed at children 16 years of age and under. ( b ) Audio description requirements. The following video programming distributors must provide programming with audio description as follows: ( 1 ) Commercial television broadcast stations that are affiliated with one of the top four commercial television broadcast networks (ABC, CBS, Fox, and NBC), and that are licensed to a community located in the top 90 DMAs, as determined by The Nielsen Company as of January 1, 2023, must provide 50 hours of audio description per calendar quarter, either during prime time or on children's programming, and 37.5 additional hours of audio description per calendar quarter between 6 a.m. and 11:59 p.m. local time, on each programming stream on which they carry one of the top four commercial television broadcast networks. If a previously unaffiliated station in one of these markets becomes affiliated with one of these networks, it must begin compliance with these requirements no later than three months after the affiliation agreement is finalized. On January 1, 2024, and on January 1 each year thereafter until January 1, 2035, the requirements of this paragraph (b)(1) shall extend to the next 10 largest DMAs as determined by The Nielsen Company as of January 1, 2023, as follows: On January 1, 2024, the requirements shall extend to DMAs 91 through 100; on January 1, 2025, the requirements shall extend to DMAs 101 through 110; on January 1, 2026, the requirements shall extend to DMAs 111 through 120; on January 1, 2027, the requirements shall extend to DMAs 121 through 130; on January 1, 2028, the requirements shall extend to DMAs 131 through 140; on January 1, 2029, the requirements shall extend to DMAs 141 through 150; on January 1, 2030, the requirements shall extend to DMAs 151 through 160; on January 1, 2031, the requirements shall extend to DMAs 161 through 170; on January 1, 2032, the requirements shall extend to DMAs 171 through 180; on January 1, 2033, the requirements shall extend to DMAs 181 through 190; on January 1, 2034, the requirements shall extend to DMAs 191 through 200; and on January 1, 2035, the requirements shall extend to DMAs 201 through 210; ( 2 ) [Reserved] ( 3 ) Television broadcast stations that are affiliated or otherwise associated with any television network must pass through audio description when the network provides audio description and the broadcast station has the technical capability necessary to pass through the audio description, unless it is using the technology used to provide audio description for another purpose related to the programming that would conflict with providing the audio description; ( 4 ) Multichannel video programming distributor (MVPD) systems that serve 50,000 or more subscribers must provide 50 hours of audio description per calendar quarter during prime time or children's programming, and 37.5 additional hours of audio description per calendar quarter between 6 a.m. and 11:59 p.m. local time, on each channel on which they carry one of the top five national nonbroadcast networks, as defined by an average of the national audience share during prime time of nonbroadcast networks that reach 50 percent or more of MVPD households and have at least 50 hours per quarter of prime time programming that is not live or near-live or otherwise exempt under this part. Initially, the top five networks are those determined by The Nielsen Company, for the time period October 2009-September 2010, and will update at three year intervals. The first update will be July 1, 2015, based on the ratings for the time period October 2013-September 2014; the second will be July 1, 2018, based on the ratings for the time period October 2016-September 2017; and so on; and ( 5 ) Multichannel video programming distributor (MVPD) systems of any size: ( i ) Must pass through audio description on each broadcast station they carry, when the broadcast station provides audio description, and the channel on which the MVPD distributes the programming of the broadcast station has the technical capability necessary to pass through the audio description, unless it is using the technology used to provide audio description for another purpose related to the programming that would conflict with providing the audio description; and ( ii ) Must pass through audio description on each nonbroadcast network they carry, when the network provides audio description, and the channel on which the MVPD distributes the programming of the network has the technical capability necessary to pass through the audio description, unless it is using the technology used to provide audio description for another purpose related to the programming that would conflict with providing the audio description. ( c ) Responsibility for and determination of compliance. ( 1 ) The Commission will calculate compliance on a per channel, and, for broadcasters, a per stream, calendar quarter basis, beginning with the calendar quarter July 1 through September 30, 2012. ( 2 ) In order to meet its quarterly requirement, a broadcaster or MVPD may count each program it airs with audio description no more than a total of two times on each channel on which it airs the program. A broadcaster or MVPD may count the second airing in the same or any one subsequent quarter. A broadcaster may only count programs aired on its primary broadcasting stream towards its quarterly requirement. A broadcaster carrying one of the top four commercial television broadcast networks on a secondary stream may count programs aired on that stream toward its quarterly requirement for that network only. ( 3 ) Once a commercial television broadcast station as defined under paragraph (b)(1) of this section has aired a particular program with audio description, it is required to include audio description with all subsequent airings of that program on that same broadcast station, unless it is using the technology used to provide audio description for another purpose related to the programming that would conflict with providing the audio description. ( 4 ) Once an MVPD as defined under paragraph (b)(4) of this section: ( i ) Has aired a particular program with audio description on a broadcast station it carries, it is required to include audio description with all subsequent airings of that program on that same broadcast station, unless it is using the technology used to provide audio description for another purpose related to the programming that would conflict with providing the audio description; or ( ii ) Has aired a particular program with audio description on a nonbroadcast network it carries, it is required to include audio description with all subsequent airings of that program on that same nonbroadcast network, unless it is using the technology used to provide audio description for another purpose related to the programming that would conflict with providing the audio description. ( 5 ) In evaluating whether a video programming distributor has complied with the requirement to provide video programming with audio description, the Commission will consider showings that any lack of audio description was de minimis and reasonable under the circumstances. ( d ) Procedures for exemptions based on economic burden. ( 1 ) A video programming provider may petition the Commission for a full or partial exemption from the audio description requirements of this section, which the Commission may grant upon a finding that the requirements would be economically burdensome. ( 2 ) The petitioner must support a petition for exemption with sufficient evidence to demonstrate that compliance with the requirements to provide programming with audio description would be economically burdensome. The term “economically burdensome” means imposing significant difficulty or expense. The Commission will consider the following factors when determining whether the requirements for audio description would be economically burdensome: ( i ) The nature and cost of providing audio description of the programming; ( ii ) The impact on the operation of the video programming provider; ( iii ) The financial resources of the video programming provider; and ( iv ) The type of operations of the video programming provider. ( 3 ) In addition to the factors in paragraph (d)(2) of this section, the petitioner must describe any other factors it deems relevant to the Commission's final determination and any available alternative that might constitute a reasonable substitute for the audio description requirements. The Commission will evaluate economic burden with regard to the individual outlet. ( 4 ) The petitioner must file an original and two (2) copies of a petition requesting an exemption based on the economically burdensome standard in this paragraph, and all subsequent pleadings, in accordance with § 0.401(a) of this chapter . ( 5 ) The Commission will place the petition on public notice. ( 6 ) Any interested person may file comments or oppositions to the petition within 30 days of the public notice of the petition. Within 20 days of the close of the comment period, the petitioner may reply to any comments or oppositions filed. ( 7 ) Persons that file comments or oppositions to the petition must serve the petitioner with copies of those comments or oppositions and must include a certification that the petitioner was served with a copy. Parties filing replies to comments or oppositions must serve the commenting or opposing party with copies of such replies and shall include a certification that the party was served with a copy. ( 8 ) Upon a finding of good cause, the Commission may lengthen or shorten any comment period and waive or establish other procedural requirements. ( 9 ) Persons filing petitions and responsive pleadings must include a detailed, full showing, supported by affidavit, of any facts or considerations relied on. ( 10 ) The Commission may deny or approve, in whole or in part, a petition for an economic burden exemption from the audio description requirements. ( 11 ) During the pendency of an economic burden determination, the Commission will consider the video programming subject to the request for exemption as exempt from the audio description requirements. ( e ) Complaint procedures. ( 1 ) A complainant may file a complaint concerning an alleged violation of the audio description requirements of this section by transmitting it to the Consumer and Governmental Affairs Bureau at the Commission by any reasonable means, such as letter, facsimile transmission, telephone (voice/TRS/TTY), email, audio-cassette recording, and Braille, or some other method that would best accommodate the complainant's disability. Complaints should be addressed to: Consumer and Governmental Affairs Bureau, located at the address of the FCC's main office indicated in 47 CFR 0.401(a) . A complaint must include: ( i ) The name and address of the complainant; ( ii ) The name and address of the broadcast station against whom the complaint is alleged and its call letters and network affiliation, or the name and address of the MVPD against whom the complaint is alleged and the name of the network that provides the programming that is the subject of the complaint; ( iii ) A statement of facts sufficient to show that the video programming distributor has violated or is violating the Commission's rules, and, if applicable, the date and time of the alleged violation; ( iv ) The specific relief or satisfaction sought by the complainant; ( v ) The complainant's preferred format or method of response to the complaint (such as letter, facsimile transmission, telephone (voice/TRS/TTY), Internet email, or some other method that would best accommodate the complainant's disability); and ( vi ) A certification that the complainant attempted in good faith to resolve the dispute with the broadcast station or MVPD against whom the complaint is alleged. ( 2 ) The Commission will promptly forward complaints satisfying the above requirements to the video programming distributor involved. The video programming distributor must respond to the complaint within a specified time, generally within 30 days. The Commission may authorize Commission staff either to shorten or lengthen the time required for responding to complaints in particular cases. The answer to a complaint must include a certification that the video programming distributor attempted in good faith to resolve the dispute with the complainant. ( 3 ) The Commission will review all relevant information provided by the complainant and the video programming distributor and will request additional information from either or both parties when needed for a full resolution of the complaint. ( i ) The Commission may rely on certifications from programming suppliers, including programming producers, programming owners, networks, syndicators and other distributors, to demonstrate compliance. The Commission will not hold the video programming distributor responsible for situations where a program source falsely certifies that programming that it delivered to the video programming distributor meets the audio description requirements of this section if the video programming distributor is unaware that the certification is false. Appropriate action may be taken with respect to deliberate falsifications. ( ii ) If the Commission finds that a video programming distributor has violated the audio description requirements of this section, it may impose penalties, including a requirement that the video programming distributor deliver video programming containing audio description in excess of its requirements. ( f ) Private rights of action are prohibited. Nothing in this section shall be construed to authorize any private right of action to enforce any requirement of this section. The Commission shall have exclusive jurisdiction with respect to any complaint under this section. [ 76 FR 55604 , Sept. 8, 2011, as amended at 76 FR 68118 , Nov. 3, 2011; 82 FR 37354 , Aug. 10, 2017; 85 FR 64409 . Oct. 13, 2020; 85 FR 76485 , Nov. 30, 2020; 88 FR 773762 , Oct. 27, 2023] § 79.4 Closed captioning of video programming delivered using Internet protocol. ( a ) Definitions. For purposes of this section the following definitions shall apply: ( 1 ) Video programming. Programming provided by, or generally considered comparable to programming provided by, a television broadcast station, but not including consumer-generated media. ( 2 ) Full-length video programming. Video programming that appears on television and is distributed to end users, substantially in its entirety, via Internet protocol, excluding video clips or outtakes. ( 3 ) Video programming distributor or video programming provider. Any person or entity that makes available directly to the end user video programming through a distribution method that uses Internet protocol. ( 4 ) Video programming owner. Any person or entity that either: ( i ) Licenses the video programming to a video programming distributor or provider that makes the video programming available directly to the end user through a distribution method that uses Internet protocol; or ( ii ) Acts as the video programming distributor or provider, and also possesses the right to license the video programming to a video programming distributor or provider that makes the video programming available directly to the end user through a distribution method that uses Internet protocol. ( 5 ) Internet protocol. Includes Transmission Control Protocol and a successor protocol or technology to Internet protocol. ( 6 ) Closed captioning. The visual display of the audio portion of video programming pursuant to the technical specifications set forth in this part. ( 7 ) Live programming. Video programming that is shown on television substantially simultaneously with its performance. ( 8 ) Near-live programming. Video programming that is performed and recorded less than 24 hours prior to the time it was first aired on television. ( 9 ) Prerecorded programming. Video programming that is not “live” or “near-live.” ( 10 ) Edited for Internet distribution. Video programming for which the television version is substantially edited prior to its Internet distribution. ( 11 ) Consumer-generated media. Content created and made available by consumers to online Web sites and services on the Internet, including video, audio, and multimedia content. ( 12 ) Video clips. Excerpts of full-length video programming. ( 13 ) Outtakes. Content that is not used in an edited version of video programming shown on television. ( 14 ) Nonexempt programming. Video programming that is not exempted under paragraph (d) of this section and, accordingly, is subject to closed captioning requirements set forth in this section. ( b ) Requirements for closed captioning of Internet protocol-delivered video programming. ( 1 ) All nonexempt full-length video programming delivered using Internet protocol must be provided with closed captions if the programming is published or exhibited on television in the United States with captions on or after the following dates: ( i ) September 30, 2012, for all prerecorded programming that is not edited for Internet distribution, unless it is subject to paragraph (b)(1)(iv) of this section. ( ii ) March 30, 2013, for all live and near-live programming, unless it is subject to paragraph (b)(1)(iv) of this section. ( iii ) September 30, 2013, for all prerecorded programming that is edited for Internet distribution, unless it is subject to paragraph (b)(1)(iv) of this section. ( iv ) All programming that is already in the video programming distributor's or provider's library before it is shown on television with captions must be captioned within 45 days after the date it is shown on television with captions on or after March 30, 2014 and before March 30, 2015. Such programming must be captioned within 30 days after the date it is shown on television with captions on or after March 30, 2015 and before March 30, 2016. Such programming must be captioned within 15 days after the date it is shown on television with captions on or after March 30, 2016. ( 2 ) All nonexempt video clips delivered using Internet protocol must be provided with closed captions if the video programming distributor or provider posts on its Web site or application a video clip of video programming that it published or exhibited on television in the United States with captions on or after the applicable compliance deadline. The requirements contained in this paragraph shall not apply to video clips added to the video programming distributor's or provider's library before the video programming distributor or provider published or exhibited the associated video programming on television in the United States with captions on or after the applicable compliance deadline. ( i ) The requirements contained in paragraph (b)(2) of this section shall apply with the following compliance deadlines: ( A ) January 1, 2016, where the video clip contains a single excerpt of a captioned television program with the same video and audio that was presented on television. ( B ) January 1, 2017, where a single file contains multiple video clips that each contain a single excerpt of a captioned television program with the same video and audio that was presented on television. ( C ) July 1, 2017, for video clips of live and near-live programming. ( ii ) Closed captions must be provided for video clips of live programming within 12 hours after the conclusion of the associated video programming's publication or exhibition on television in the United States with captions. Closed captions must be provided for video clips of near-live programming within eight hours after the conclusion of the associated video programming's publication or exhibition on television in the United States with captions. ( c ) Obligations of video programming owners, distributors and providers — ( 1 ) Obligations of video programming owners. Each video programming owner must: ( i ) Send program files to video programming distributors and providers with captions as required by this section, with at least the same quality as the television captions provided for the same programming. If a video programming owner provides captions to a video programming distributor or provider using the Society of Motion Picture and Television Engineers Timed Text format (SMPTE ST 2052-1:2010, incorporated by reference, see § 79.100 ), then the VPO has fulfilled its obligation to deliver captions to the video programming distributor or provider in an acceptable format. A video programming owner and a video programming distributor or provider may agree upon an alternative technical format for the delivery of captions to the video programming distributor or provider. ( ii ) With each video programming distributor and provider that such owner licenses to distribute video programming directly to the end user through a distribution method that uses Internet protocol, agree upon a mechanism to inform such distributors and providers on an ongoing basis whether video programming is subject to the requirements of this section. ( 2 ) Obligations of video programming distributors and providers. Each video programming distributor and provider must: ( i ) Enable the rendering or pass through of all required captions to the end user, maintaining the quality of the captions provided by the video programming owner and transmitting captions in a format reasonably designed to reach the end user in that quality. A video programming distributor or provider that provides applications, plug-ins, or devices in order to deliver video programming must comply with the requirements of § 79.103(c) and (d) . ( ii ) With each video programming owner from which such distributor or provider licenses video programming for distribution directly to the end user through a distribution method that uses Internet protocol, agree upon a mechanism to inform such distributor or provider on an ongoing basis whether video programming is subject to the requirements of this section, and make a good faith effort to identify video programming subject to the requirements of this section using the agreed upon mechanism. A video programming distributor or provider may rely in good faith on a certification by a video programming owner that the video programming need not be captioned if: ( A ) The certification includes a clear and concise explanation of why captioning is not required; and ( B ) The video programming distributor or provider is able to produce the certification to the Commission in the event of a complaint. ( iii ) Make contact information available to end users for the receipt and handling of written closed captioning complaints alleging violations of this section. The contact information required for written complaints shall include the name of a person with primary responsibility for Internet protocol captioning issues and who can ensure compliance with these rules. In addition, this contact information shall include the person's title or office, telephone number, fax number, postal mailing address, and email address. Video programming distributors and providers shall keep this information current and update it within 10 business days of any change. ( 3 ) A video programming provider's or owner's de minimis failure to comply with this section shall not be treated as a violation of the requirements. ( d ) Procedures for exemptions based on economic burden. ( 1 ) A video programming provider or owner may petition the Commission for a full or partial exemption from the closed captioning requirements of this section, which the Commission may grant upon a finding that the requirements would be economically burdensome. ( 2 ) The petitioner must support a petition for exemption with sufficient evidence to demonstrate that compliance with the requirements for closed captioning of video programming delivered via Internet protocol would be economically burdensome. The term “economically burdensome” means imposing significant difficulty or expense. The Commission will consider the following factors when determining whether the requirements for closed captioning of Internet protocol-delivered video programming would be economically burdensome: ( i ) The nature and cost of the closed captions for the programming; ( ii ) The impact on the operation of the video programming provider or owner; ( iii ) The financial resources of the video programming provider or owner; and ( iv ) The type of operations of the video programming provider or owner. ( 3 ) In addition to these factors, the petitioner must describe any other factors it deems relevant to the Commission's final determination and any available alternatives that might constitute a reasonable substitute for the closed captioning requirements of this section including, but not limited to, text or graphic display of the content of the audio portion of the programming. The Commission will evaluate economic burden with regard to the individual outlet. ( 4 ) The petitioner must electronically file its petition for exemption, and all subsequent pleadings related to the petition, in accordance with § 0.401(a)(1)(iii) of this chapter . ( 5 ) The Commission will place the petition on public notice. ( 6 ) Any interested person may electronically file comments or oppositions to the petition within 30 days after release of the public notice of the petition. Within 20 days after the close of the period for filing comments or oppositions, the petitioner may reply to any comments or oppositions filed. ( 7 ) Persons who file comments or oppositions to the petition must serve the petitioner with copies of those comments or oppositions and must include a certification that the petitioner was served with a copy. Any petitioner filing a reply to comments or oppositions must serve the commenting or opposing party with a copy of the reply and shall include a certification that the party was served with a copy. Comments or oppositions and replies shall be served upon a party, its attorney, or its other duly constituted agent by delivering or mailing a copy to the party's last known address in accordance with § 1.47 of this chapter or by sending a copy to the email address last provided by the party, its attorney, or other duly constituted agent. ( 8 ) Upon a finding of good cause, the Commission may lengthen or shorten any comment period and waive or establish other procedural requirements. ( 9 ) Persons filing petitions and responsive pleadings must include a detailed, full showing, supported by affidavit, of any facts or considerations relied on. ( 10 ) The Commission may deny or approve, in whole or in part, a petition for an economic burden exemption from the closed captioning requirements of this section. ( 11 ) During the pendency of an economic burden determination, the Commission will consider the video programming subject to the request for exemption as exempt from the requirements of this section. ( e ) Complaint procedures. ( 1 ) Complaints concerning an alleged violation of the closed captioning requirements of this section shall be filed in writing with the Commission or with the video programming distributor or provider responsible for enabling the rendering or pass through of the closed captions for the video programming within sixty (60) days after the date the complainant experienced a problem with captioning. A complaint filed with the Commission must be directed to the Consumer and Governmental Affairs Bureau and submitted through the Commission's online informal complaint filing system, U.S. Mail, overnight delivery, or facsimile. ( 2 ) A complaint should include the following information: ( i ) The name, postal address, and other contact information of the complainant, such as telephone number or email address; ( ii ) The name and postal address, Web site, or email address of the video programming distributor, provider, and/or owner against which the complaint is alleged, and information sufficient to identify the video programming involved; ( iii ) Information sufficient to identify the software or device used to view the program; ( iv ) A statement of facts sufficient to show that the video programming distributor, provider, and/or owner has violated or is violating the Commission's rules, and the date and time of the alleged violation; ( v ) The specific relief or satisfaction sought by the complainant; and ( vi ) The complainant's preferred format or method of response to the complaint (such as letter, facsimile transmission, telephone (voice/TRS/TTY), email, or some other method that would best accommodate the complainant). ( 3 ) If a complaint is filed first with the Commission, the Commission will forward complaints satisfying the above requirements to the named video programming distributor, provider, and/or owner, as well as to any other video programming distributor, provider, and/or owner that Commission staff determines may be involved. The video programming distributor, provider, and/or owner must respond in writing to the Commission and the complainant within 30 days after receipt of the complaint from the Commission. ( 4 ) If a complaint is filed first with the video programming distributor or provider, the video programming distributor or provider must respond in writing to the complainant within thirty (30) days after receipt of a closed captioning complaint. If a video programming distributor or provider fails to respond to the complainant within thirty (30) days, or the response does not satisfy the consumer, the complainant may file the complaint with the Commission within thirty (30) days after the time allotted for the video programming distributor or provider to respond. If a consumer re-files the complaint with the Commission (after filing with the distributor or provider) and the complaint satisfies the above requirements, the Commission will forward the complaint to the named video programming distributor or provider, as well as to any other video programming distributor, provider, and/or owner that Commission staff determines may be involved. The video programming distributor, provider, and/or owner must then respond in writing to the Commission and the complainant within 30 days after receipt of the complaint from the Commission. ( 5 ) In response to a complaint, video programming distributors, providers, and/or owners shall file with the Commission sufficient records and documentation to prove that the responding entity was (and remains) in compliance with the Commission's rules. Conclusory or insufficiently supported assertions of compliance will not carry a video programming distributor's, provider's, or owner's burden of proof. If the responding entity admits that it was not or is not in compliance with the Commission's rules, it shall file with the Commission sufficient records and documentation to explain the reasons for its noncompliance, show what remedial steps it has taken or will take, and show why such steps have been or will be sufficient to remediate the problem. ( 6 ) The Commission will review all relevant information provided by the complainant and the subject video programming distributors, providers, and/or owners, as well as any additional information the Commission deems relevant from its files or public sources. The Commission may request additional information from any relevant entities when, in the estimation of Commission staff, such information is needed to investigate the complaint or adjudicate potential violation(s) of Commission rules. When the Commission requests additional information, parties to which such requests are addressed must provide the requested information in the manner and within the time period the Commission specifies. ( 7 ) If the Commission finds that a video programming distributor, provider, or owner has violated the closed captioning requirements of this section, it may employ the full range of sanctions and remedies available under the Communications Act of 1934, as amended, against any or all of the violators. ( f ) Private rights of action prohibited. Nothing in this section shall be construed to authorize any private right of action to enforce any requirement of this section. The Commission shall have exclusive jurisdiction with respect to any complaint under this section. [ 77 FR 19515 , Mar. 30, 2012, as amended at 79 FR 45371 , Aug. 5, 2014] Subpart B—Apparatus Source: 78 FR 77251 , Dec. 20, 2013, unless otherwise noted. § 79.100 Incorporation by reference. ( a ) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . To enforce any edition other than that specified in this section, the FCC must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the sources in the following paragraphs of this section. ( b ) Global Engineering Documents, 15 Inverness Way East, Englewood, CO 80112, (800) 854-7179, or at http://global.ihs.com: ( 1 ) EIA-708-B: “Digital Television (DTV) Closed Captioning,” 1999, IBR approved for § 79.102 . ( 2 ) [Reserved] ( c ) Society of Motion Picture & Television Engineers (SMPTE), 3 Barker Ave., 5th Floor, White Plains, NY 10601, or at the SMPTE Web site: http://www.smpte.org/standards/: ( 1 ) SMPTE ST 2052-1:2010: “Timed Text Format (SMPTE-TT)” 2010, IBR approved for §§ 79.4 and 79.103 . ( 2 ) [Reserved] [ 77 FR 19518 , Mar. 30, 2012, as amended at 85 FR 64409 , Oct. 13, 2020; 88 FR 21449 , Apr. 10, 2023] § 79.101 Closed caption decoder requirements for analog television receivers. ( a ) ( 1 ) Effective July 1, 1993, all television broadcast receivers with picture screens 33 cm (13 in) or larger in diameter shipped in interstate commerce, manufactured, assembled, or imported from any foreign country into the United States shall comply with the provisions of this section. Note to paragraph ( a )(1): This paragraph places no restriction on the shipping or sale of television receivers that were manufactured before July 1, 1993. ( 2 ) Effective January 1, 2014, all television broadcast receivers shipped in interstate commerce, manufactured, assembled, or imported from any foreign country into the United States shall comply with the provisions of this section, if technically feasible, except that television broadcast receivers that use a picture screen less than 13 inches in size must comply with the provisions of this section only if doing so is achievable pursuant to § 79.103(b)(3) . Note to paragraph ( a )(2): This paragraph places no restrictions on the importing, shipping, or sale of television receivers that were manufactured before January 1, 2014. ( b ) Transmission format. Closed-caption information is transmitted on line 21 of field 1 of the vertical blanking interval of television signals, in accordance with § 73.682(a)(22) of this chapter . ( c ) Operating modes. The television receiver will employ customer-selectable modes of operation for TV and Caption. A third mode of operation, Text, may be included on an optional basis. The Caption and Text Modes may contain data in either of two operating channels, referred to in this document as C1 and C2. The television receiver must decode both C1 and C2 captioning, and must display the captioning for whichever channel the user selects. The TV Mode of operation allows the video to be viewed in its original form. The Caption and Text Modes define one or more areas (called “boxes”) on the screen within which caption or text characters are displayed. Note: For more information regarding Text mode, see “Television Captioning for the Deaf: Signal and Display Specifications”, Engineering Report No. E-7709-C, Public Broadcasting Service, dated May 1980, and “TeleCaption II Decoder Module Performance Specification”, National Captioning Institute, Inc., dated November 1985. These documents are available, respectively, from the Public Broadcasting Service, 1320 Braddock Place, Alexandria, VA 22314 and from the National Captioning Institute, Inc., 5203 Leesburg Pike, Falls Church, VA 22041. ( d ) Screen format. The display area for captioning and text shall fall approximately within the safe caption area as defined in paragraph (n)(12) of this section. This display area will be further divided into 15 character rows of equal height and 32 columns of equal width, to provide accurate placement of text on the screen. Vertically, the display area begins on line 43 and is 195 lines high, ending on line 237 on an interlaced display. All captioning and text shall fall within these established columns and rows. The characters must be displayed clearly separated from the video over which they are placed. In addition, the user must have the capability to select a black background over which the captioned letters are displaced. ( 1 ) Caption mode. In the Caption Mode, text can appear on up to 4 rows simultaneously anywhere on the screen within the defined display area. In addition, a solid space equal to one column width may be placed before the first character and after the last character of each row to enhance legibility. The caption area will be transparent anywhere that either: ( i ) No standard space character or other character has been addressed and no accompanying solid space is needed; or, ( ii ) An accompanying solid space is used and a “transparent space” special character has been addressed which does not immediately precede or follow a displayed character. ( 2 ) [Reserved] ( e ) Presentation format. In analyzing the presentation of characters, it is convenient to think in terms of a non-visible cursor which marks the screen position at which the next event in a given mode and data channel will occur. The receiver remembers the cursor position for each mode even when data are received for a different address in an alternate mode or data channel. ( 1 ) Screen addressing. Two kinds of control codes are used to move the cursor to specific screen locations. In Caption Mode, these addressing codes will affect both row and column positioning. In Text Mode, the codes affect only column positioning. In both modes, the addressing codes are optional. Default positions are defined for each mode and style when no addressing code is provided. ( i ) The first type of addressing code is the Preamble Address Code (PAC). It assigns a row number and one of eight “indent” figures. Each successive indent moves the cursor four columns to the right (starting from the left margin). Thus, an indent of 0 places the cursor at Column 1, an indent of 4 sets it at Column 5, etc. The PAC indent is non-destructive to displayable characters. It will not affect the display to the left of the new cursor position on the indicated row. Note that Preamble Address Codes also set initial attributes for the displayable characters which follow. See paragraph (h) of this section and the Preamble Address Code table. ( ii ) The second type of addressing code is the Tab Offset, which is one of three Miscellaneous Control Codes. Tab Offset will move the cursor one, two, or three columns to the right. The character cells skipped over will be unaffected; displayable characters in these cells, if any, will remain intact while empty cells will remain empty, in the same manner that a PAC indent is non-destructive. ( 2 ) [Reserved] ( f ) Caption Mode. There are three styles of presenting text in Caption Mode: roll-up, pop-on, and paint-on. Character display varies significantly with the style used, but certain rules of character erasure are common to all styles. A character can be erased by addressing another character to the same screen location or by backspacing over the character from a subsequent location on the same row. The entire displayed memory will be erased instantly by receipt of an Erase Displayed Memory command. Both displayed memory and non-displayed memory will be entirely erased simultaneously by either: The user switching receiver channels or data channels (C1/C2) or fields (F1/F2) in decoders so equipped; the loss of valid data (see paragraph (j) of this section); or selecting non-captioning receiver functions which use the display memory of the decoder. Receipt of an End of Caption command will cause a displayed caption to become non-displayed (and vice versa) without being erased from memory. Changing the receiver to a non-captioning mode which does not require use of the decoder's display memory will leave that memory intact, and the decoder will continue to process data as if the caption display were selected. ( 1 ) Roll-up. Roll-up style captioning is initiated by receipt of one of three Miscellaneous Control Codes that determine the maximum number of rows displayed simultaneously, either 2, 3 or 4 contiguous rows. These are the three Roll-Up Caption commands. ( i ) The bottom row of the display is known as the “base row”. The cursor always remains on the base row. Rows of text roll upwards into the contiguous rows immediately above the base row to create a “window” 2 to 4 rows high. ( ii ) The Roll-Up command, in normal practice, will be followed (not necessarily immediately) by a Preamble Address Code indicating the base row and the horizontal indent position. If no Preamble Address Code is received, the base row will default to Row 15 or, if a roll-up caption is currently displayed, to the same base row last received, and the cursor will be placed at Column 1. If the Preamble Address Code received contains a different base row than that of a currently displayed caption, the entire window will move intact (and without erasing) to the new base row immediately. ( iii ) Each time a Carriage Return is received, the text in the top row of the window is erased from memory and from the display or scrolled off the top of the window. The remaining rows of text are each rolled up into the next highest row in the window, leaving the base row blank and ready to accept new text. This roll-up must appear smooth to the user, and must take no more than 0.433 second to complete. The cursor is automatically placed at Column 1 (pending receipt of a Preamble Address Code). ( iv ) Increasing or decreasing the number of roll-up rows instantly changes the size of the active display window, appropriately turning on or off the display of the top one or two rows. A row which is turned off should also be erased from memory. ( v ) Characters are always displayed immediately when received by the receiver. Once the cursor reaches the 32nd column position on any row, all subsequent characters received prior to a Carriage Return, Preamble Address Code, or Backspace will be displayed in that column replacing any previous character occupying that address. ( vi ) The cursor moves automatically one column to the right after each character or Mid-Row Code received. A Backspace will move the cursor one column to the left, erasing the character or Mid-Row Code occupying that location. (A Backspace received when the cursor is in Column 1 will be ignored.) ( vii ) The Delete to End of Row command will erase from memory any characters or control codes starting at the current cursor location and in all columns to its right on the same row. If no displayable characters remain on the row after the Delete to End of Row is acted upon, the solid space (if any) for that row should also be erased to conform with the following provisions. ( viii ) If a solid space is used for legibility, it should appear when the first displayable character (not a transparent space) or Mid-Row Code is received on a row, not when the Preamble Address Code, if any, is given. A row on which there are no displayable characters or Mid-Row Codes will not display a solid space, even when rolled up between two rows which do display a solid space. ( ix ) If the reception of data for a row is interrupted by data for the alternate data channel or for Text Mode, the display of caption text will resume from the same cursor position if a Roll-Up Caption command is received and no Preamble Address Code is given which would move the cursor. ( x ) A roll-up caption remains displayed until one of the standard caption erasure techniques is applied. Receipt of a Resume Caption Loading command (for pop-on style) or a Resume Direct Captioning command (for paint-on style) will not affect a roll-up display. Receipt of a Roll-Up Caption command will cause any pop-on or paint-on caption to be erased from displayed memory and non-displayed memory. ( 2 ) Pop-on. Pop-on style captioning is initiated by receipt of a Resume Caption Loading command. Subsequent data are loaded into a non-displayed memory and held there until an End of Caption command is received, at which point the non-displayed memory becomes the displayed memory and vice versa. (This process is often referred to as “flipping memories” and does not automatically erase memory.) An End of Caption command forces the receiver into pop-on style if no Resume Caption Loading command has been received which would do so. The display will be capable of 4 full rows, not necessarily contiguous, simultaneous anywhere on the screen. ( i ) Preamble Address Codes can be used to move the cursor around the screen in random order to place captions on Rows 1 to 15. Carriage Returns have no effect on cursor location during caption loading. ( ii ) The cursor moves automatically one column to the right after each character or Mid-Row Code received. Receipt of a Backspace will move the cursor one column to the left, erasing the character or Mid-Row Code occupying that location. (A Backspace received when the cursor is in Column 1 will be ignored.) Once the cursor reaches the 32nd column position on any row, all subsequent characters received prior to a Backspace, an End of Caption, or a Preamble Address Code, will replace any previous character at that location. ( iii ) The Delete to End of Row command will erase from memory any characters or control codes starting at the current cursor location and in all columns to its right on the same row. If no displayable characters remain on a row after the Delete to End of Row is acted upon, the solid space (if any) for that element should also be erased. ( iv ) If data reception is interrupted during caption loading by data for the alternate caption channel or for Text Mode, caption loading will resume at the same cursor position if a Resume Caption Loading command is received and no Preamble Address Code is given that would move the cursor. ( v ) Characters remain in non-displayed memory until an End of Caption command flips memories. The caption will be erased without being displayed upon receipt of an Erase Non-Displayed Memory command, a Roll-Up Caption command, or if the user switches receiver channels, data channels or fields, or upon the loss of valid data (see paragraph (j) of this section). ( vi ) A pop-on caption, once displayed, remains displayed until one of the standard caption erasure techniques is applied or until a Roll-Up Caption command is received. Characters within a displayed pop-on caption will be replaced by receipt of the Resume Direct Captioning command and paint-on style techniques (see below). ( 3 ) Paint-on. Paint-on style captioning is initiated by receipt of a Resume Direct Captioning command. Subsequent data are addressed immediately to displayed memory without need for an End of Caption command. ( i ) Preamble Address Codes can be used to move the cursor around the screen in random order to display captions on Rows 1 to 15. Carriage Returns have no affect on cursor location during direct captioning. The cursor moves automatically one column to the right after each character or Mid-Row Code is received. Receipt of a Backspace will move the cursor one column to the left, erasing the character or Mid-Row Code occupying that location. (A Backspace received when the cursor is in Column 1 will be ignored.) Once the cursor reaches the 32nd column position on any row, all subsequent characters received prior to a Preamble Address Code or Backspace will be displayed in that column replacing any previous character occupying that location. ( ii ) The Delete to End of Row command will erase from memory any characters or control codes starting at the current cursor location and in all columns to its right on the same row. If no displayable characters remain on the row after the Delete to End of Row is acted upon, the solid space (if any) for that element should also be erased. ( iii ) If the reception of data is interrupted during the direct captioning by data for the alternate caption channel or for Text Mode, the display of caption text will resume at the same cursor position if a Resume Direct Captioning command is received and no Preamble Address Code is given which would move the cursor. ( iv ) Characters remain displayed until one of the standard caption erasure techniques is applied or until a Roll-Up Caption command is received. An End of Caption command leaves a paint-on caption fully intact in non-displayed memory. In other words, a paint-on style caption behaves precisely like a pop-on style caption which has been displayed. ( g ) Character format. Characters are to be displayed on the screen within a character “cell” which is the height and width of a single row and column. The following codes define the displayable character set. Television receivers manufactured prior to January 1, 1996 and having a character resolution of 5 × 7 dots, or less, may display the allowable alternate characters in the character table. A statement must be in a prominent location on the box or other package in which the receiver is to be marketed, and information must be in the owner's manual, indicating the receiver displays closed captioning in upper case only. Character Set Table Special Characters These require two bytes for each symbol. Each hex code as shown will be preceded by a 11h for data channel 1 or by a 19h for data channel 2. For example: 19h 37h will place a musical note in data channel 2. HEX Example Alternate Description 30 ® See note 1 Registered mark symbol 31 ° Degree sign 32 1/2 1/2 33 ¿ Inverse query 34 TM See note 1 Trademark symbol 35 ¢ Cents sign 36 £ Pounds Sterling sign 37 ♪ Music note 38 à A Lower-case a with grave accent 39 Transparent space 3A è E Lower-case e with grave accent 3B â A Lower-case a with circumflex 3C ê E Lower-case e with circumflex 3D î I Lower-case i with circumflex 3E ô O Lower-case o with circumflex 3F û U Lower-case u with circumflex 1 Note: The registered and trademark symbols are used to satisfy certain legal requirements. There are various legal ways in which these symbols may be drawn or displayed. For example, the trademark symbol may be drawn with the “T” next to the “M” or over the “M”. It is preferred that the trademark symbol be superscripted, i.e. , XYZ TM . It is left to each individual manufacturer to interpret these symbols in any way that meets the legal needs of the user. Standard characters HEX Example Alternate Description 20 Standard space 21 ! Exclamation mark 22 “ Quotation mark 23 # Pounds (number) sign 24 $ Dollar sign 25 % Percentage sign 26 & Ampersand 27 ' Apostrophe 28 ( Open parentheses 29 ) Close parentheses 2A á A Lower-case a with acute accent 2B + Plus sign 2C , Comma 2D − Minus (hyphen) sign 2E . Period 2F / Slash 30 0 Zero 31 1 One 32 2 Two 33 3 Three 34 4 Four 35 5 Five 36 6 Six 37 7 Seven 38 8 Eight 39 9 Nine 3A : Colon 3B ; Semi-colon 3C < Less than sign 3D = Equal sign 3E > Greater than sign 3F ? Question mark 40 @ At sign 41 A Upper-case A 42 B Upper-case B 43 C Upper-case C 44 D Upper-case D 45 E Upper-case E 46 F Upper-case F 47 G Upper-case G 48 H Upper-case H 49 I Upper-case I 4A J Upper-case J 4B K Upper-case K 4C L Upper-case L 4D M Upper-case M 4E N Upper-case N 4F O Upper-case O 50 P Upper-case P 51 Q Upper-case Q 52 R Upper-case R 53 S Upper-case S 54 T Upper-case T 55 U Upper-case U 56 V Upper-case V 57 W Upper-case W 58 X Upper-case X 59 Y Upper-case Y 5A Z Upper-case Z 5B [ Open bracket 5C é E Lower-case e with acute accent 5D ] Close bracket 5E í I Lower-case i with acute accent 5F ó O Lower-case o with acute accent 60 ú U Lower-case u with acute accent 61 a A Lower-case a 62 b B Lower-case b 63 c C Lower-case c 64 d D Lower-case d 65 e E Lower-case e 66 f F Lower-case f 67 g G Lower-case g 68 h H Lower-case h 69 i I Lower-case i 6A j J Lower-case j 6B k K Lower-case k 6C l L Lower-case l 6D m M Lower-case m 6E n N Lower-case n 6F o O Lower-case o 70 p P Lower-case p 71 q Q Lower-case q 72 r R Lower-case r 73 s S Lower-case s 74 t T Lower-case t 75 u U Lower-case u 76 v V Lower-case v 77 w W Lower-case w 78 x X Lower-case x 79 y Y Lower-case y 7A z Z Lower-case z 7B ç C Lower-case c with cedilla 7C ÷ Division sign 7D Ñ Upper-case N with tilde 7E ñ Ñ Lower-case n with tilde 7F ▪ Solid block ( h ) Character Attributes — ( 1 ) Transmission of Attributes. A character may be transmitted with any or all of four attributes: Color, italics, underline, and flash. All of these attributes are set by control codes included in the received data. An attribute will remain in effect until changed by another control code or until the end of the row is reached. Each row begins with a control code which sets the color and underline attributes. (White non-underlined is the default display attribute if no Preamble Address Code is received before the first character on an empty row.) Attributes are not affected by transparent spaces within a row. ( i ) All Mid-Row Codes and the Flash On command are spacing attributes which appear in the display just as if a standard space (20h) had been received. Preamble Address Codes are non-spacing and will not alter any attributes when used to position the cursor in the midst of a row of characters. ( ii ) The color attribute has the highest priority and can only be changed by the Mid-Row Code of another color. Italics has the next highest priority. If characters with both color and italics are desired, the italics Mid-Row Code must follow the color assignment. Any color Mid-Row Code will turn off italics. If the least significant bit of a Preamble Address Code or of a color or italics Mid-Row Code is a 1 (high), underlining is turned on. If that bit is a 0 (low), underlining is off. ( iii ) The flash attribute is transmitted as a Miscellaneous Control Code. The Flash On command will not alter the status of the color, italics, or underline attributes. However, any color or italics Mid-Row Code will turn off flash. ( iv ) Thus, for example, if a red, italicized, underlined, flashing character is desired, the attributes must be received in the following order: a red Mid-Row or Preamble Address Code, an italics Mid-Row Code with underline bit, and the Flash On command. The character will then be preceded by three spaces (two if red was assigned via a Preamble Address Code). ( 2 ) Display of attributes. The underline attribute will be displayed by drawing a line beneath the character in the same color as the character. The flash attribute will be displayed by causing the character to blink from the display at least once per second. The italic attribute must be capable of being displayed by either a special italic font, or by the modification of the standard font by slanting. The user may be given the option to select other methods of italic display as well. The support of the color attributes is optional. If the color attributes are supported, they will be displayed in the color they have been assigned. If color attributes are not supported, the display may be in color, but all color changes will be ignored. ( i ) Control codes. There are three different types of control codes used to identify the format, location, attributes, and display of characters: Preamble Address Codes, Mid-Row Codes, and Miscellaneous Control Codes. ( 1 ) Each control code consists of a pair of bytes which are always transmitted together in a single field of line 21 and which are normally transmitted twice in succession to help insure correct reception of the control instructions. The first of the control code bytes is a non-printing character in the range 10h to 1Fh. The second byte is always a printing character in the range 20h to 7Fh. Any such control code pair received which has not been assigned a function is ignored. If the non-printing character in the pair is in the range 00h to 0Fh, that character alone will be ignored and the second character will be treated normally. ( 2 ) If the second byte of a control code pair does not contain odd parity (see paragraph (j) of this section), then the pair is ignored. The redundant transmission of the pair will be the instruction upon which the receiver acts. ( 3 ) If the first byte of the first transmission of a control code pair fails the parity check, then that byte is inserted into the currently active memory as a solid block character (7Fh) followed by whatever the second byte is. Again, the redundant transmission of the pair will be the controlling instruction. ( 4 ) If the first transmission of a control code pair passes parity, it is acted upon within one video frame. If the next frame contains a perfect repeat of the same pair, the redundant code is ignored. If, however, the next frame contains a different but also valid control code pair, this pair, too, will be acted upon (and the receiver will expect a repeat of this second pair in the next frame). If the first byte of the expected redundant control code pair fails the parity check and the second byte is identical to the second byte in the immediately preceding pair, then the expected redundant code is ignored. If there are printing characters in place of the redundant code, they will be processed normally. ( 5 ) There is provision for decoding a second data channel. The second data channel is encoded with the same control codes and procedures already described. The first byte of every control code pair indicates the data channel (C1/C2) to which the command applies. Control codes which do not match the data channel selected by the user, and all subsequent data related to that control code, are ignored by the receiver. Mid-Row Codes Data channel 1 Data channel 2 Attribute description 11 20 19 20 White. 11 21 19 21 White Underline. 11 22 19 22 Green. 11 23 19 23 Green Underline. 11 24 19 24 Blue. 11 25 19 25 Blue Underline. 11 26 19 26 Cyan. 11 27 19 27 Cyan Underline. 11 28 19 28 Red. 11 29 19 29 Red Underline. 11 2A 19 2A Yellow. 11 2B 19 2B Yellow Underline. 11 2C 19 2C Magenta. 11 2D 19 2D Magenta Underline. 11 2E 19 2E Italics. 11 2F 19 2F Italics Underline. Miscellaneous Control Codes Data channel 1 Data channel 2 Mne- monic Command description 14 20 1C 20 RCL Resume caption loading. 14 21 1C 21 BS Backspace. 14 22 1C 22 AOF Reserved (formerly Alarm Off). 14 23 1C 23 AON Reserved (formerly Alarm On). 14 24 1C 24 DER Delete to End of Row. 14 25 1C 25 RU2 Roll-Up Captions-2 Rows. 14 26 1C 26 RU3 Roll-Up Captions-3 Rows. 14 27 1C 27 RU4 Roll-Up Captions-4 Rows. 14 28 1C 28 FON Flash On. 14 29 1C 29 RDC Resume Direct Captioning. 14 2A 1C 2A TR Text Restart. 14 2B 1C 2B RTD Resume Text Display. 14 2C 1C 2C EDM Erase Displayed Memory. 14 2D 1C 2D CR Carriage Return. 14 2E 1C 2E ENM Erase Non-Displayed Memory. 14 2F 1C 2F EOC End of Caption (Flip Memories). 17 21 1F 21 TO1 Tab Offset 1 Column. 17 22 1F 22 TO2 Tab Offset 2 Columns. 17 23 1F 23 TO3 Tab Offset 3 Columns. Preamble Address Codes Row 1 Row 2 Row 3 Row 4 Row 5 Row 6 Row 7 Row 8 Row 9 Row 10 Row 11 Row 12 Row 13 Row 14 Row 15 First byte of code pair: Data Channel 1 11 11 12 12 15 15 16 16 17 17 10 13 13 14 14 Data Channel 2 19 19 1A 1A 1D 1D 1E 1E 1F 1F 18 1B 1B 1C 1C Second byte of code pair: White 40 60 40 60 40 60 40 60 40 60 40 40 60 40 60 White Underline 41 61 41 61 41 61 41 61 41 61 41 41 61 41 61 Green 42 62 42 62 42 62 42 62 42 62 42 42 62 42 62 Green Underline 43 63 43 63 43 63 43 63 43 63 43 43 63 43 63 Blue 44 64 44 64 44 64 44 64 44 64 44 44 64 44 64 Blue Underline 45 65 45 65 45 65 45 65 45 65 45 45 65 45 65 Cyan 46 66 46 66 46 66 46 66 46 66 46 46 66 46 66 Cyan Underline 47 67 47 67 47 67 47 67 47 67 47 47 67 47 67 Red 48 68 48 68 48 68 48 68 48 68 48 48 68 48 68 Red Underline 49 69 49 69 49 69 49 69 49 69 49 49 69 49 69 Yellow 4A 6A 4A 6A 4A 6A 4A 6A 4A 6A 4A 4A 6A 4A 6A Yellow Underline 4B 6B 4B 6B 4B 6B 4B 6B 4B 6B 4B 4B 68 4B 6B Magenta 4C 6C 4C 6C 4C 6C 4C 6C 4C 6C 4C 4C 6C 4C 6C Magenta Underline 4D 6D 4D 6D 4D 6D 4D 6D 4D 6D 4D 4D 6D 4D 6D White Italics 4E 6E 4E 6E 4E 6E 4E 6E 4E 6E 4E 4E 6E 4E 6E White Italics Underline 4F 6F 4F 6F 4F 6F 4F 6F 4F 6F 4F 4F 6F 4F 6F Indent 0 50 70 50 70 50 70 50 70 50 70 50 50 70 50 70 Indent 0 Underline 51 71 51 71 51 71 51 71 51 71 51 51 71 51 71 Indent 4 52 72 52 72 52 72 52 72 52 72 52 52 72 52 72 Indent 4 Underline 53 73 53 73 53 73 53 73 53 73 53 53 73 53 73 Indent 8 54 74 54 74 54 74 54 74 54 74 54 54 74 54 74 Indent 8 Underline 55 75 55 75 55 75 55 75 55 75 55 55 75 55 75 Indent 12 56 76 56 76 56 76 56 76 56 76 56 56 76 56 76 Indent 12 Underline 57 77 57 77 57 77 57 77 57 77 57 57 77 57 77 Indent 16 58 78 58 78 58 78 58 78 58 78 58 58 78 58 78 Indent 16 Underline 59 79 59 79 59 79 59 79 59 79 59 59 79 59 79 Indent 20 5A 7A 5A 7A 5A 7A 5A 7A 5A 7A 5A 5A 7A 5A 7A Indent 20 Underline 5B 7B 5B 7B 5B 7B 5B 7B 5B 7B 5B 5B 7B 5B 7B Indent 24 5C 7C 5C 7C 5C 7C 5C 7C 5C 7C 5C 5C 7C 5C 7C Indent 24 Underline 5D 7D 5D 7D 5D 7D 5D 7D 5D 7D 5D 5D 7D 5D 7D Indent 28 5E 7E 5E 7E 5E 7E 5E 7E 5E 7E 5E 5E 7E 5E 7E Indent 28 Underline 5F 7F 5F 7F 5F 7F 5F 7F 5F 7F 5F 5F 7F 5F 7F Note: All indent codes (second byte equals 50h-5fh, 70th-7fh) assign white as the color attribute. ( j ) Data rejection. The receiver should provide an effective procedure to verify data. A receiver will reject data if the data is invalid, or if the data is directed to the data channel or field not selected by the user. Invalid data is any data that fails to pass a check for odd parity, or which, having passed the parity check, is assigned no function. ( 1 ) If a print character fails to pass a check for parity, a solid block (7Fh) should be displayed in place of the failed character. In addition, valid data can be corrupted in many ways and may not be suitable for display. For example, repeated fields, skipped fields and altered field sequences are all possible from consumer video equipment and might present meaningless captions. ( 2 ) The receiver will ignore data rejected due to being directed to a deselected field or channel. However, this will not cause the display to be disabled. ( k ) Automatic display enable/disable. The receiver shall provide an automatic enable/disable capability to prevent the display of invalid or incomplete data, when the user selects the Caption Mode. The display should automatically become enable after the receiver verifies the data as described in paragraph (j) of this section. The display will be automatically disabled when there is a sustained detection of invalid data. The display will be re-enabled when the data verification process has been satisfied once again. ( l ) Compatibility with Cable Security Systems. Certain cable television security techniques, such as signal encryption and copy protection, can alter the television signal so that some methods of finding line 21 will not work. In particular, counting of lines or timing from the start of the vertical blanking interval may cause problems. Caption decoding circuitry must function properly when receiving signals from cable security systems that were designed and marketed prior to April 5, 1991. Further information concerning such systems is available from the National Cable Television Association, Inc., Washington, DC, and from the Electronic Industries Association, Washington, DC. ( m ) [Reserved] ( n ) Glossary of terms. The following terms are used to describe caption decoder specifications: ( 1 ) Base row: The bottom row of a roll-up display. The cursor always remains on the base row. Rows of text roll upwards into the contiguous rows immediately above the base row. ( 2 ) Box: The area surrounding the active character display. In Text Mode, the box is the entire screen area defined for display, whether or not displayable characters appear. In Caption Mode, the box is dynamically redefined by each caption and each element of displayable characters within a caption. The box (or boxes, in the case of a multiple-element caption) includes all the cells of the displayed characters, the non-transparent spaces between them, and one cell at the beginning and end of each row within a caption element in those decoders that use a solid space to improve legibility. ( 3 ) Caption window: The invisible rectangle which defines the top and bottom limits of a roll-up caption. The window can be 2 to 4 rows high. The lowest row of the window is called the base row. ( 4 ) Cell: The discrete screen area in which each displayable character or space may appear. A cell is one row high and one column wide. ( 5 ) Column: One of 32 vertical divisions of the screen, each of equal width, extending approximately across the full width of the safe caption area as defined in paragraph (n)(12) of this section. Two additional columns, one at the left of the screen and one at the right, may be defined for the appearance of a box in those decoders which use a solid space to improve legibility, but no displayable characters may appear in those additional columns. For reference, columns may be numbered 0 to 33, with columns 1 to 32 reserved for displayable characters. ( 6 ) Displayable character: Any letter, number or symbol which is defined for on-screen display, plus the 20h space. ( 7 ) Display disable: To turn off the display of captions or text (and accompanying background) at the receiver, rather than through codes transmitted on line 21 which unconditionally erase the display. The receiver may disable the display because the user selects an alternate mode, e.g., TV Mode, or because no valid line 21 data is present. ( 8 ) Display enable: To allow the display of captions or text when they are transmitted on line 21 and received as valid data. For display to be enabled, the user must have selected Caption Mode or Text Mode, and valid data for the selected mode must be present on line 21. ( 9 ) Element: In a pop-on or paint-on style caption, each contiguous area of cells containing displayable characters and non-transparent spaces between those characters. A single caption may have multiple elements. An element is not necessarily a perfect rectangle, but may include rows of differing widths. ( 10 ) Erase Display: In Caption Mode, to clear the screen of all characters (and accompanying background) in response to codes transmitted on line 21. (The caption service provider can accomplish the erasure either by sending an Erase Displayed Memory command or by sending an Erase Non-Displayed Memory command followed by an End of Caption command, effectively making a blank caption “appear”.) Display can also be erased by the receiver when the caption memory erasure conditions are met, such as the user changing TV channels. ( 11 ) Row: One of 15 horizontal divisions of the screen, extending across the full height of the safe caption area as defined in paragraph (n)(12) of this section. ( 12 ) Safe caption area: The area of the television picture within which captioning and text shall be displayed to ensure visibility of the information on the majority of home television receivers. The safe caption area is specified as shown in the following figure: The dimensions of the above figure shall be as follows: Label Dimensions Percent of television picture height A Television picture height 100.0 B Television picture width 133.33 C Height of safe caption area 80.0 D Width of safe caption area 106.67 E Vertical position of safe caption area 10.0 F Horizontal position of safe caption area 13.33 ( 13 ) Special characters: Displayable characters (except for “transparent space”) which require a two-byte sequence of one non-printing and one printing character. The non-printing byte varies depending on the data channel. Regular characters require unique one-byte codes which are the same in either data channel. ( 14 ) Text: When written with an upper-case “T”, refers to the Text Mode. When written with a lower-case “t”, refers to any combination of displayable characters. ( 15 ) Transparent space: Transmitted as a special character, it is a one-column-wide space behind which program video is always visible (except when a transparent space immediately precedes or follows a displayable character and solid box is needed to make that character legible). [ 56 FR 27201 , June 13, 1991, as amended at 57 FR 19094 , May 4, 1992; 58 FR 44893 , Aug. 25, 1993. Redesignated and amended at 77 FR 19515 , 19518 , Mar. 30, 2012; 78 FR 39627 , July 2, 2013; 78 FR 77251 , Dec. 20, 2013] § 79.102 Closed caption decoder requirements for digital television receivers and converter boxes. ( a ) ( 1 ) Effective July 1, 2002, all digital television receivers with picture screens in the 4:3 aspect ratio with picture screens measuring 13 inches or larger diagonally, all digital television receivers with picture screens in the 16:9 aspect ratio measuring 7.8 inches or larger vertically and all separately sold DTV tuners shipped in interstate commerce or manufactured in the United States shall comply with the provisions of this section. Note to paragraph ( a )(1): This paragraph places no restrictions on the shipping or sale of digital television receivers that were manufactured before July 1, 2002. ( 2 ) Effective July 1, 2002, DTV converter boxes that allow digitally transmitted television signals to be displayed on analog receivers shall pass available analog caption information to the attached receiver in a form recognizable by that receiver's built-in caption decoder circuitry. Note to paragraph ( a )(2): This paragraph places no restrictions on the shipping or sale of DTV converter boxes that were manufactured before July 1, 2002. ( 3 ) Effective January 1, 2014, all digital television receivers and all separately sold DTV tuners shipped in interstate commerce or manufactured in the United States shall comply with the provisions of this section, if technically feasible, except that digital television receivers that use a picture screens less than 13 inches in size must comply with the provisions of this section only if doing so is achievable pursuant to § 79.103(b)(3) . Note to paragraph ( a )(3): This paragraph places no restrictions on the importing, shipping, or sale of digital television receivers and separately sold DTV tuners that were manufactured before January 1, 2014. ( b ) Digital television receivers and tuners must be capable of decoding closed captioning information that is delivered pursuant to EIA-708-B: “Digital Television (DTV) Closed Captioning” (incorporated by reference, see § 79.100 ). ( c ) Services. ( 1 ) Decoders must be capable of decoding and processing data for the six standard services, Caption Service #1 through Caption Service #6. ( 2 ) Decoders that rely on Program and System Information Protocol data to implement closed captioning functions must be capable of decoding and processing the Caption Service Directory data. Such decoders must be capable of decoding all Caption Channel Block Headers consisting of Standard Service Headers, Extended Service Block Headers, and Null Block headers. However, decoding of the data is required only for Standard Service Blocks (Service IDs <-6), and then only if the characters for the corresponding language are supported. The decoders must be able to display the directory for services 1 through 6. ( d ) Code space organization. ( 1 ) Decoders must support Code Space C0, G0, C1, and G1 in their entirety. ( 2 ) The following characters within code space G2 must be supported: ( i ) Transparent space ( TSP ). ( ii ) Non-breaking transparent space ( NBTSP ). ( iii ) Solid block ( ). ( iv ) Trademark symbol ( TM ). ( v ) Latin-1 characters Š, Œ, š, œ, Ÿ. ( 3 ) The substitutions in Table 2 are to be made if a decoder does not support the remaining G2 characters. Table 2—G2 Character Substitution Table G2 Character Substitute with Open single quote (‘), G2 char code 0 × 31 G0 single quote (‘), char code 0 × 27 Close single quote (’), G2 char code 0 × 32 G0 single quote (’), char code 0 × 27 Open double quote (“), G2 char code 0 × 33 G0 double quote (“), char code 0 × 22 Close double quote (”), G2 char code 0 × 34 G0 double quote (”), char code 0 × 22 Bold bullet (•), G2 char code 0 × 35 G1 bullet (•), char code 0 × B7 Elipsis (. . .), G2 char code 0 × 25 G0 underscore (_), char code 0 × 5F One-eighth (1/8), G2 char code 0 × 76 G0 percent sign (%), char code 0 × 25 Three-eighths (3/8), G2 char code 0 × 77 G0 percent sign (%), char code 0 × 25 Five-eighths (5/8), G2 char code 0 × 78 G0 percent sign (%), char code 0 × 25 Seven-eighths (7/8), G2 char code 0 × 79 G0 percent sign (%), char code 0 × 25 Vertical border (|), G2 char code 0 × 7A G0 stroke (|), char code 0 × 7C Upper-right border (⌉), G2 char code 0 × 7B G0 dash (-), char code 0 × 2D Lower-left border (⌊), G2 char code 0 × 7C G0 dash (-), char code 0 × 2D Horizontal border (―), G2 char code 0 × 7D G0 dash (-), char code 0 × 2D Lower-right border (⌋), G2 char code 0 × 7E G0 dash (-), char code 0 × 2D Upper-left border (⌈), G2 char code 0 × 7F G0 dash (-), char code 0 × 2D ( 4 ) Support for code spaces C2, C3, and G3 is optional. All unsupported graphic symbols in the G3 code space are to be substituted with the G0 underscore character (_), char code 0 × 5F. ( e ) Screen coordinates. Table 3 specifies the screen coordinate resolutions and limits for anchor point positioning in 4:3 and 16:9 display formats, and the number of characters per row. Table 3—Screen Coordinate Resolutions and Limits Screen aspect ratio Maximum anchor position resolution Minimum anchor position resolution Maximum displayed rows Maximum characters per row 4:3 75v × 160h 15v × 32h 4 32 16:9 75v × 210h 15v × 42h 4 42 Other 75v × (5 × H) 15v × H* 4 1 1 H = 32 × (the width of the screen in relation to a 4:3 display). For example, the 16:9 format is 1/3 wider than a 4:3 display; thus, H = 32 * 4/3 = 42.667, or 42. ( 1 ) This means that the minimum grid resolution for a 4:3 aspect ratio instrument is 15 vertical positions × 32 horizontal positions. This minimum grid resolution for 16:9 ratio instrument is 15 vertical positions × 42 horizontal positions. These minimum grid sizes are to cover the entire safe-title area of the corresponding screen. ( 2 ) The minimum coordinates equate to a 1 ⁄ 5 reduction in the maximum horizontal and vertical grid resolution coordinates. Caption providers are to use the maximum coordinate system values when specifying anchor point positions. Decoders using the minimum resolution are to divide the provided horizontal and vertical screen coordinates by 5 to derive the equivalent minimum coordinates. ( 3 ) Any caption targeted for both 4:3 and 16:9 instruments is limited to 32 contiguous characters per row. If a caption is received by a 4:3 instrument that is targeted for a 16:9 display only, or requires a window width greater than 32 characters, then the caption may be completely disregarded by the decoder. 16:9 instruments should be able to process and display captions intended for 4:3 displays, providing all other minimum recommendations are met. ( 4 ) If the resulting size of any window is larger than the safe title area for the corresponding display's aspect ratio, then this window will be completely disregarded. ( f ) Caption windows. ( 1 ) Decoders need to display no more than 4 rows of captions on the screen at any given time, regardless of the number of windows displayed. This implies that no more than 4 windows can be displayed at any given time (with each having only one caption row). However, decoders should maintain storage to support a minimum total of 8 rows of captions. This storage is needed for the worst-case support of a displayed window with 4 rows of captioning and a non-displayed window which is buffering the incoming rows for the next 4-row caption. As implied above, the maximum number of windows that may be displayed at any one time by a minimum decoder implementation is 4. If more than 4 windows are defined in the caption stream, the decoder may disregard the youngest and lowest priority window definition(s). Caption providers must be aware of this limitation, and either restrict the total number of windows used or accept that some windows will not be displayed. ( 2 ) Decoders do not need to support overlapped windows. If a window overlaps another window, the overlapped window need not be displayed by the decoder. ( 3 ) At a minimum, decoders will assume that all windows have rows and columns “locked”. This implies that if a decoder implements the SMALL pen-size, then word-“un”wrapping, when shrinking captions, need not be implemented. Also, if a decoder implements the LARGE pen size, then word wrapping (when enlarging captions) need not be implemented. ( 4 ) Whenever possible, the receiver should render embedded carriage returns as line breaks, since these carriage returns indicate an important aspect of the caption's formatting as determined by the service provider. However, it may sometimes be necessary for the receiver to ignore embedded line breaks. For example, if a caption is to appear in a larger font, and if its window's rows and/or columns are unlocked, the rows of text may need to become longer or shorter to fit within the allocated space. Such automatic reformatting of a caption is known as “word wrap.” If decoders support word-wrapping, it must be implemented as follows: ( i ) The receiver should follow standard typographic practice when implementing word wrap. Potential breaking points (word-wrapping points) are indicated by the space character (20h) and by the hyphen character (2Dh). ( ii ) If a row is to be broken at a space, the receiver should remove the space from the caption display. If a row is to be broken after a hyphen, the hyphen should be retained. ( iii ) If an embedded return is to be removed, it should usually be replaced with a space. However, if the character to the left of the embedded return is a hyphen, the embedded return should be removed but NOT replaced with a space. ( iv ) This specification does not include optional hyphens, nor does it provide for any form of automatic hyphenation. No non-breaking hyphen is defined. The non-breaking space (A0h in the G1 code set) and the non-breaking transparent space (21h in the G2 code set) should not be considered as potential line breaks. ( v ) If a single word exceeds the length of a row, the word should be placed at the start of a new row, broken at the character following the last character that fits on the row, and continued with further breaks if needed. ( g ) Window text painting. ( 1 ) All decoders should implement “left”, “right”, and “center” caption-text justification. Implementation of “full” justification is optional. If “full” justification is not implemented, fully justified captions should be treated as though they are “left” justified. ( i ) For “left” justification, decoders should display any portion of a received row of text when it is received. For “center”, “right”, and “full” justification, decoders may display any portion of a received row of text when it is received, or may delay display of a received row of text until reception of a row completion indicator. A row completion indicator is defined as receipt of a CR, ETX or any other command, except SetPenColor, SetPenAttributes, or SetPenLocation where the pen relocation is within the same row. ( ii ) Receipt of a character for a displayed row which already contains text with “center”, “right” or “full” justification will cause the row to be cleared prior to the display of the newly received character and any subsequent characters. Receipt of a justification command which changes the last received justification for a given window will cause the window to be cleared. ( 2 ) At a minimum, decoders must support LEFT_TO_RIGHT printing. ( 3 ) At a minimum, decoders must support BOTTOM_TO_TOP scrolling. For windows sharing the same horizontal scan lines on the display, scrolling may be disabled. ( 4 ) At a minimum, decoders must support the same recommended practices for scroll rate as is provided for NTSC closed-captioning. ( 5 ) At a minimum, decoders must support the same recommended practices for smooth scrolling as is provided for NTSC closed-captioning. ( 6 ) At a minimum, decoders must implement the “snap” window display effect. If the window “fade” and “wipe” effects are not implemented, then the decoder will “snap” all windows when they are to be displayed, and the “effect speed” parameter is ignored. ( h ) Window colors and borders. At a minimum, decoders must implement borderless windows with solid, black backgrounds ( i.e. , border type = NONE, fill color = (0,0,0), fill opacity = SOLID), and borderless transparent windows ( i.e. , border type = NONE, fill opacity = TRANSPARENT). ( i ) Predefined window and pen styles. Predefined Window Style and Pen Style ID's may be provided in the DefineWindow command. At a minimum, decoders should implement Predefined Window Attribute Style 1 and Predefined Pen Attribute Style 1, as shown in Table 4 and Table 5, respectively. Table 4—Predefined Window Style ID's Style ID # Justify Print direction Scroll direction Word wrap Display effect Effect direction Effect speed Fill color Fill opacity Border type Border color Usage 1 Left Left-to-right Bottom-to-top No Snap n/a n/a (0,0,0) Black Solid None n/a NTSC Style PopUp Captions 2 Left Left-to-right Bottom-to-top No Snap n/a n/a n/a Transparent None n/a PopUp Captions w/o Black Background 3 Cntr Left-to-right Bottom-to-top No Snap n/a n/a (0,0,0) Black Solid None n/a NTSC Style Centered PopUp Captions 4 Left Left-to-right Bottom-to-top Yes Snap n/a n/a (0,0,0) Black Solid None n/a NTSC Style RollUp Captions 5 Left Left-to-right Bottom-to-top Yes Snap n/a n/a n/a Transparent None n/a RollUp Captions w/o Black Background 6 Cntr Left-to-right Bottom-to-top Yes Snap n/a n/a (0,0,0) Black Solid None n/a NTSC Style Centered RollUp Captions 7 Left Top-to-bottom Right-to-left No Snap n/a n/a (0,0,0) Black Solid None n/a Ticker Tape Table 5—Predefined Pen Style ID's Predefined style ID Pen size Font style Offset Italics Underline Edge type Foregrnd color Foregrnd opacity Backgrnd color Backgrnd opacity Edge color Usage 1 Stndr 0 Normal No No None (2,2,2) White Solid (0,0,0) Black Solid n/a Default NTSC Style* 2 Stndr 1 Normal No No None (2,2,2) Solid (0,0,0) White Solid n/a NTSC Style* Mono w/Serif 3 Stndr 2 Normal No No None (2,2,2) White Solid (0,0,0) Black Solid n/a NTSC Style* Prop w/ Serif 4 Stndr 3 Normal No No None (2,2,2) White Solid (0,0,0) Black Solid n/a NTSC Style* Mono w/o Serif 5 Stndr 4 Normal No No None (2,2,2) White Solid (0,0,0) Black Solid n/a NTSC Style* Prop w/o Serif 6 Stndr 3 Normal No No Unifrm (2,2,2) White Solid n/a Transparent (0,0,0) Black Mono w/o Serif, Bordered Text, No BG 7 Stndr 4 Normal No No Unifrm (2,2,2) White Solid n/a Transparent (0,0,0) Black Prop. w/o Serif, Bordered Text, No BG *“NTSC Style”—White Text on Black Background ( j ) Pen size. ( 1 ) Decoders must support the standard, large, and small pen sizes and must allow the caption provider to choose a pen size and allow the viewer to choose an alternative size. The STANDARD pen size should be implemented such that the height of the tallest character in any implemented font is no taller than 1 ⁄ 15 of the height of the safe-title area, and the width of the widest character is no wider than 1 ⁄ 32 of the width of the safe-title area for 4:3 displays and 1 ⁄ 42 of the safe-title area width for 16:9 displays. ( 2 ) The LARGE pen size should be implemented such that the width of the widest character in any implemented font is no wider than 1 ⁄ 32 of the safe-title area for 16:9 displays. This recommendation allows for captions to grow to a LARGE pen size without having to reformat the caption since no caption will have more than 32 characters per row. ( k ) Font styles. ( 1 ) Decoders must support the eight fonts listed below. Caption providers may specify 1 of these 8 font styles to be used to write caption text. The styles specified in the “font style” parameter of the SetPenAttributes command are numbered from 0 through 7. The following is a list of the 8 required font styles. For information purposes only, each font style references one or more popular fonts which embody the characteristics of the style: ( i ) 0—Default (undefined) ( ii ) 1—Monospaced with serifs (similar to Courier) ( iii ) 2—Proportionally spaced with serifs (similar to Times New Roman) ( iv ) 3—Monospaced without serifs (similar to Helvetica Monospaced) ( v ) 4—Proportionally spaced without serifs (similar to Arial and Swiss) ( vi ) 5—Casual font type (similar to Dom and Impress) ( vii ) 6—Cursive font type (similar to Coronet and Marigold) ( viii ) 7—Small capitals (similar to Engravers Gothic) ( 2 ) Font styles may be implemented in any typeface which the decoder manufacturer deems to be a readable rendition of the font style, and need not be in the exact typefaces given in the example above. Decoders must include the ability for consumers to choose among the eight fonts. The decoder must display the font chosen by the caption provider unless the viewer chooses a different font. ( l ) Character offsetting. Decoders need not implement the character offsetting ( i.e., subscript and superscript) pen attributes. ( m ) Pen styles. At a minimum, decoders must implement normal, italic, and underline pen styles. ( n ) Foreground color and opacity. ( 1 ) At a minimum, decoders must implement transparent, translucent, solid and flashing character foreground type attributes. ( 2 ) At a minimum, decoders must implement the following character foreground colors: white, black, red, green, blue, yellow, magenta and cyan. ( 3 ) Caption providers may specify the color/opacity. Decoders must include the ability for consumers to choose among the color/opacity options. The decoder must display the color/opacity chosen by the caption provider unless the viewer chooses otherwise. ( o ) Background color and opacity. ( 1 ) Decoders must implement the following background colors: white, black, red, green, blue, yellow, magenta and cyan. It is recommended that this background is extended beyond the character foreground to a degree that the foreground is separated from the underlying video by a sufficient number of background pixels to insure the foreground is separated from the background. ( 2 ) Decoders must implement transparent, translucent, solid and flashing background type attributes. Caption providers may specify the color/opacity. Decoders must include the ability for consumers to choose among the color/opacity options. The decoder must display the color/opacity chosen by the caption provider unless the viewer chooses otherwise. ( p ) Character edges. Decoders must implement separate edge color and type attribute control. ( q ) Color representation. ( 1 ) At a minimum, decoders must support the 8 colors listed in Table 6. Table 6—Minimum Color List Table Color Red Green Blue Black 0 0 0 White 2 2 2 Red 2 0 0 Green 0 2 0 Blue 0 0 2 Yellow 2 2 0 Magenta 2 0 2 Cyan 0 2 2 ( 2 ) ( i ) When a decoder supporting this Minimum Color List receives an RGB value not in the list, it will map the received value to one of the values in the list via the following algorithm: ( A ) All one (1) values are to be changed to 0. ( B ) All two (2) values are to remain unchanged. ( C ) All three (3) values are to be changed to 2. ( ii ) For example, the RGB value (1,2,3) will be mapped to (0,2,2), (3,3,3) will be mapped to (2,2,2) and (1,1,1) will be mapped to (0,0,0). ( 3 ) Table 7 is an alternative minimum color list table supporting 22 colors. Table 7—Alternative Minimum Color List Table Color Red Green Blue Black 0 0 0 Gray 1 1 1 White 2 2 2 Bright White 3 3 3 Dark Red 1 0 0 Red 2 0 0 Bright Red 3 0 0 Dark Green 0 1 0 Green 0 2 0 Bright Green 0 3 0 Dark Blue 0 0 1 Blue 0 0 2 Bright Blue 0 0 3 Dark Yellow 1 1 0 Yellow 2 2 0 Bright Yellow 3 3 0 Dark Magenta 1 0 1 Magenta 2 0 2 Bright Magenta 3 0 3 Dark Cyan 0 1 1 Cyan 0 2 2 Bright Cyan 0 3 3 ( i ) When a decoder supporting the Alternative Minimum Color List in Table 7 receives an RGB value not in the list ( i.e. , an RGB value whose non-zero elements are not the same value), it will map the received value to one of the values in the list via the following algorithm: ( A ) For RGB values with all elements non-zero and different—e.g., (1,2,3), (3,2,1), and (2,1,3), the 1 value will be changed to 0, the 2 value will remain unchanged, and the 3 value will be changed to 2. ( B ) For RGB values with all elements non-zero and with two common elements—e.g., (3,1,3), (2,1,2), and (2,2,3), if the common elements are 3 and the uncommon one is 1, then the 1 elements is changed to 0; e.g. (3,1,3) → (3,0,3). If the common elements are 1 and the uncommon element is 3, then the 1 elements are changed to 0, and the 3 element is changed to 2; e.g. (1,3,1) → (0,2,0). In all other cases, the uncommon element is changed to the common value; e.g., (2,2,3) → (2,2,2), (1,2,1) → (1,1,1), and (3,2,3) → (3,3,3). ( ii ) All decoders not supporting either one of the two color lists described above, must support the full 64 possible RGB color value combinations. ( r ) Character rendition considerations. In NTSC Closed Captioning, decoders were required to insert leading and trailing spaces on each caption row. There were two reasons for this requirement: ( 1 ) To provide a buffer so that the first and last characters of a caption row do not fall outside the safe title area, and ( 2 ) To provide a black border on each side of a character so that the “white” leading pixels of the first character on a row and the trailing “white” pixels of the last character on a row do not bleed into the underlying video. ( i ) Since caption windows are required to reside in the safe title area of the DTV screen, reason 1 (above) is not applicable to DTVCC captions. ( ii ) The attributes available in the SetPenAttributes command for character rendition (e.g., character background and edge attributes) provide unlimited flexibility to the caption provider when describing caption text in an ideal decoder implementation. However, manufacturers need not implement all pen attributes. Thus it is recommended that no matter what the level of implementation, decoder manufacturers should take into account the readability of all caption text against a variety of all video backgrounds, and should implement some automatic character delineation when the individual control of character foreground, background and edge is not supported. ( s ) Service synchronization. Service Input Buffers must be at least 128 bytes in size. Caption providers must keep this lower limit in mind when following Delay commands with other commands and window text. In other words, no more than 128 bytes of DTVCC commands and text should be transmitted (encoded) before a pending Delay command's delay interval expires. ( t ) Settings. Decoders must include an option that permits a viewer to choose a setting that will display captions as intended by the caption provider (a default). Decoders must also include an option that allows a viewer's chosen settings to remain until the viewer chooses to alter these settings, including periods when the television is turned off. [ 65 FR 58471 , Sept. 29, 2000, as amended at 69 FR 2849 , Jan. 21, 2004. Redesignated and amended at 77 FR 19515 , 19518 , Mar. 30, 2012; 78 FR 39627 , July 2, 2013] § 79.103 Closed caption decoder requirements for apparatus. ( a ) Effective January 1, 2014, all digital apparatus designed to receive or play back video programming transmitted simultaneously with sound, if such apparatus is manufactured in the United States or imported for use in the United States and uses a picture screen of any size must be equipped with built-in closed caption decoder circuitry or capability designed to display closed-captioned video programming pursuant to the provisions of this section, if technically feasible, except that apparatus that use a picture screen less than 13 inches in size must comply with the provisions of this section only if doing so is achievable as defined in this section. Note 1 to paragraph ( a ): Apparatus includes the physical device and the video player(s) capable of displaying video programming transmitted simultaneously with sound that manufacturers install into the devices they manufacture before sale, whether in the form of hardware, software, or a combination of both, as well as any video players capable of displaying video programming transmitted simultaneously with sound that manufacturers direct consumers to install after sale. Note 2 to paragraph ( a ): This paragraph places no restrictions on the importing, shipping, or sale of apparatus that were manufactured before January 1, 2014. ( b ) Exempt apparatus — ( 1 ) Display-only monitors. Apparatus or class of apparatus that are display-only video monitors with no playback capability are not required to comply with the provisions of this section. ( 2 ) Professional or commercial equipment. Apparatus or class of apparatus that are professional or commercial equipment not typically used by the public are not required to comply with the provisions of this section. ( 3 ) ( i ) Achievable. Manufacturers of apparatus that use a picture screen of less than 13 inches in size may petition the Commission for a full or partial exemption from the closed captioning requirements of this section pursuant to § 1.41 of this chapter , which the Commission may grant upon a finding that the requirements of this section are not achievable, or may assert that such apparatus is fully or partially exempt as a response to a complaint, which the Commission may dismiss upon a finding that the requirements of this section are not achievable. ( ii ) The petitioner or respondent must support a petition for exemption or a response to a complaint with sufficient evidence to demonstrate that compliance with the requirements of this section is not “achievable” where “achievable” means with reasonable effort or expense. The Commission will consider the following factors when determining whether the requirements of this section are not “achievable:” ( A ) The nature and cost of the steps needed to meet the requirements of this section with respect to the specific equipment or service in question; ( B ) The technical and economic impact on the operation of the manufacturer or provider and on the operation of the specific equipment or service in question, including on the development and deployment of new communications technologies; ( C ) The type of operations of the manufacturer or provider; and ( D ) The extent to which the service provider or manufacturer in question offers accessible services or equipment containing varying degrees of functionality and features, and offered at differing price points. ( 4 ) Waiver. Manufacturers of apparatus may petition the Commission for a full or partial waiver of the closed captioning requirements of this section, which the Commission may grant, upon a finding that the apparatus meets one of the following provisions: ( i ) The apparatus is primarily designed for activities other than receiving or playing back video programming transmitted simultaneously with sound; or ( ii ) The apparatus is designed for multiple purposes, capable of receiving or playing back video programming transmitted simultaneously with sound but whose essential utility is derived from other purposes. ( c ) Specific technical capabilities. All apparatus subject to this section shall implement the following captioning functionality: ( 1 ) Presentation. All apparatus shall implement captioning such that the caption text may be displayed within one or separate caption windows and supporting the following modes: text that appears all at once (pop-on), text that scrolls up as new text appears (roll-up), and text where each new letter or word is displayed as it arrives (paint-on). ( 2 ) Character color. All apparatus shall implement captioning such that characters may be displayed in the 64 colors defined in CEA-708 and such that users are provided with the ability to override the authored color for characters and select from a palette of at least 8 colors including: white, black, red, green, blue, yellow, magenta, and cyan. ( 3 ) Character opacity. All apparatus shall implement captioning such that users are provided with the ability to vary the opacity of captioned text and select between opaque and semi-transparent opacities. ( 4 ) Character size. All apparatus shall implement captioning such that users are provided with the ability to vary the size of captioned text and shall provide a range of such sizes from 50% of the default character size to 200% of the default character size. ( 5 ) Fonts. All apparatus shall implement captioning such that fonts are available to implement the eight fonts required by CEA-708 and § 79.102(k) . Users must be provided with the ability to assign the fonts included on their apparatus as the default font for each of the eight styles contained in § 79.102(k) . ( 6 ) Caption background color and opacity. All apparatus shall implement captioning such that the caption background may be displayed in the 64 colors defined in CEA-708 and such that users are provided with the ability to override the authored color for the caption background and select from a palette of at least 8 colors including: white, black, red, green, blue, yellow, magenta, and cyan. All apparatus shall implement captioning such that users are provided with the ability to vary the opacity of the caption background and select between opaque, semi-transparent, and transparent background opacities. ( 7 ) Character edge attributes. All apparatus shall implement captioning such that character edge attributes may be displayed and users are provided the ability to select character edge attributes including: no edge attribute, raised edges, depressed edges, uniform edges, and drop shadowed edges. ( 8 ) Caption window color. All apparatus shall implement captioning such that the caption window color may be displayed in the 64 colors defined in CEA-708 and such that users are provided with the ability to override the authored color for the caption window and select from a palette of at least 8 colors including: white, black, red, green, blue, yellow, magenta, and cyan. All apparatus shall implement captioning such that users are provided with the ability to vary the opacity of the caption window and select between opaque, semi-transparent, and transparent background opacities. ( 9 ) Language. All apparatus must implement the ability to select between caption tracks in additional languages when such tracks are present and provide the ability for the user to select simplified or reduced captions when such captions are available and identify such a caption track as “easy reader.” ( 10 ) Preview and setting retention. All apparatus must provide the ability for the user to preview default and user selection of the caption features required by this section, and must retain such settings as the default caption configuration until changed by the user. ( 11 ) Safe Harbor. Apparatus which implement Society of Motion Picture and Television Engineers Timed Text format (SMPTE ST 2052-1:2010 incorporated by reference, see § 79.100 ) with respect to the functionality in paragraphs (c)(1) through (10) of this section shall be deemed in compliance with paragraph (c) of this section. Note to paragraph ( c ): Where video programming providers or distributors subject to § 79.4 of this part display or render captions, they shall implement the functional requirements contained in paragraphs (c)(1) through (10) of this section unless doing so is economically burdensome as defined in § 79.4(d) . ( d ) Interconnection. All video outputs of covered apparatus shall be capable of conveying from the source device to the consumer equipment the information necessary to permit or render the display of closed captions. [ 77 FR 19518 , Mar. 30, 2012, as amended at 78 FR 39628 , July 2, 2013] § 79.104 Closed caption decoder requirements for recording devices. ( a ) Effective January 1, 2014, all apparatus designed to record video programming transmitted simultaneously with sound, if such apparatus is manufactured in the United States or imported for use in the United States, must comply with the provisions of this section except that apparatus must only do so if it is achievable as defined in § 79.103(b)(3) . Note to paragraph ( a ): This paragraph places no restrictions on the importing, shipping, or sale of apparatus that were manufactured before January 1, 2014. ( b ) All apparatus subject to this section must enable the rendering or the pass through of closed captions such that viewers are able to activate and de-activate the closed captions as the video programming is played back as described in § 79.103(c) . ( c ) All apparatus subject to this section must comply with the interconnection mechanism requirements in § 79.103(d) . [ 77 FR 19520 , Mar. 30, 2012, as amended at 78 FR 39628 , July 2, 2013] § 79.105 Audio description and emergency information accessibility requirements for all apparatus. ( a ) Effective May 26, 2015, all apparatus that is designed to receive or play back video programming transmitted simultaneously with sound that is provided by entities subject to §§ 79.2 and 79.3 , is manufactured in the United States or imported for use in the United States, and uses a picture screen of any size, must have the capability to decode and make available the secondary audio stream if technically feasible, unless otherwise provided in this section, which will facilitate the following services: ( 1 ) The transmission and delivery of audio description services as required by § 79.3 ; and ( 2 ) Emergency information (as that term is defined in § 79.2 ) in a manner that is accessible to individuals who are blind or visually impaired. Note 1 to paragraph ( a ): Apparatus includes the physical device and the video player(s) capable of displaying video programming transmitted simultaneously with sound that manufacturers install into the devices they manufacture before sale, whether in the form of hardware, software, or a combination of both, as well as any video players capable of displaying video programming transmitted simultaneously with sound that manufacturers direct consumers to install after sale. Note 2 to paragraph ( a ): This paragraph places no restrictions on the importing, shipping, or sale of apparatus that were manufactured before May 26, 2015. ( b ) Exempt apparatus — ( 1 ) Display-only monitors. Apparatus or class of apparatus that are display-only video monitors with no playback capability are not required to comply with the provisions of this section. ( 2 ) Professional or commercial equipment. Apparatus or class of apparatus that are professional or commercial equipment not typically used by the public are not required to comply with the provisions of this section. ( 3 ) ( i ) Apparatus that use a picture screen of less than 13 inches in size must comply with the provisions of this section only if doing so is achievable as defined in this section. Manufacturers of apparatus that use a picture screen of less than 13 inches in size may petition the Commission for a full or partial exemption from the audio description and emergency information requirements of this section pursuant to § 1.41 of this chapter , which the Commission may grant upon a finding that the requirements of this section are not achievable, or may assert that such apparatus is fully or partially exempt as a response to a complaint, which the Commission may dismiss upon a finding that the requirements of this section are not achievable. ( ii ) The petitioner or respondent must support a petition for exemption or a response to a complaint with sufficient evidence to demonstrate that compliance with the requirements of this section is not “achievable” where “achievable” means with reasonable effort or expense. The Commission will consider the following factors when determining whether the requirements of this section are not “achievable:” ( A ) The nature and cost of the steps needed to meet the requirements of this section with respect to the specific equipment or service in question; ( B ) The technical and economic impact on the operation of the manufacturer or provider and on the operation of the specific equipment or service in question, including on the development and deployment of new communications technologies; ( C ) The type of operations of the manufacturer or provider; and ( D ) The extent to which the service provider or manufacturer in question offers accessible services or equipment containing varying degrees of functionality and features, and offered at differing price points. ( 4 ) Waiver. Manufacturers of apparatus may petition the Commission for a full or partial waiver of the requirements of this section, which the Commission may grant upon a finding that the apparatus meets one of the following provisions: ( i ) The apparatus is primarily designed for activities other than receiving or playing back video programming transmitted simultaneously with sound; or ( ii ) The apparatus is designed for multiple purposes, capable of receiving or playing back video programming transmitted simultaneously with sound but whose essential utility is derived from other purposes. ( c ) Interconnection. Covered apparatus shall use interconnection mechanisms that make available the audio provided via a secondary audio stream. ( d ) Beginning December 20, 2016, all apparatus subject to this section must provide a simple and easy to use mechanism for activating the secondary audio stream for audible emergency information. Note to paragraph ( d ): This paragraph places no restrictions on the importing, shipping, or sale of navigation devices that were manufactured before December 20, 2016. [ 78 FR 31798 , May 24, 2013, as amended at 80 FR 39715 , July 10, 2015; 85 FR 76486 , Nov. 30, 2020] § 79.106 Audio description and emergency information accessibility requirements for recording devices. ( a ) Effective May 26, 2015, all apparatus that is designed to record video programming transmitted simultaneously with sound that is provided by entities subject to §§ 79.2 and 79.3 and is manufactured in the United States or imported for use in the United States, must comply with the provisions of this section except that apparatus must only do so if it is achievable as defined in § 79.105(b)(3) . Note 1 to paragraph ( a ): Apparatus includes the physical device and the video player(s) capable of displaying video programming transmitted simultaneously with sound that manufacturers install into the devices they manufacture before sale, whether in the form of hardware, software, or a combination of both, as well as any video players capable of displaying video programming transmitted simultaneously with sound that manufacturers direct consumers to install after sale. Note 2 to paragraph ( a ): This paragraph places no restrictions on the importing, shipping, or sale of apparatus that were manufactured before May 26, 2015. ( b ) All apparatus subject to this section must enable the presentation or the pass through of the secondary audio stream, which will facilitate the provision of audio description signals and emergency information (as that term is defined in § 79.2 ) such that viewers are able to activate and de-activate the audio description as the video programming is played back on a picture screen of any size. ( c ) All apparatus subject to this section must comply with the interconnection mechanism requirements in § 79.105(c) . [ 78 FR 31798 , May 24, 2013, as amended at 85 FR 76486 , Nov. 30, 2020] § 79.107 User interfaces provided by digital apparatus. ( a ) ( 1 ) A manufacturer of digital apparatus manufactured in or imported for use in the United States and designed to receive or play back video programming transmitted in digital format simultaneously with sound, including apparatus designed to receive or display video programming transmitted in digital format using Internet protocol, must ensure that digital apparatus be designed, developed, and fabricated so that control of appropriate built-in functions included in the digital apparatus are accessible to and usable by individuals who are blind or visually impaired. Digital apparatus do not include navigation devices as defined in § 76.1200 of this chapter . Manufacturers must comply with the provisions of this section only if achievable as defined in § 79.107(c)(2) . Note 1 to paragraph ( a )(1): The term digital apparatus as used in this section includes the physical device and the video player(s) capable of displaying video programming transmitted in digital format simultaneously with sound that manufacturers install into the devices they manufacture before sale, whether in the form of hardware, software, or a combination of both, as well as any video players capable of displaying video programming in digital format transmitted simultaneously with sound that manufacturers direct consumers to install after sale. The term software includes third-party applications that are pre-installed on a device by the manufacturer or that the manufacturer directs consumers to install after sale. Note 2 to paragraph ( a )(1): This paragraph places no restrictions on the importing, shipping, or sale of digital apparatus manufactured before the applicable compliance deadline for this section. ( 2 ) If on-screen text menus or other visual indicators built in to the digital apparatus are used to access the appropriate built-in apparatus functions, manufacturers of the digital apparatus must ensure that those functions are accompanied by audio output that is either integrated or peripheral to the digital apparatus, so that such menus or indicators are accessible to and usable by individuals who are blind or visually impaired in real time. ( 3 ) For appropriate built-in digital apparatus functions that are not accessed through on screen text menus or other visual indicators, i.e., those that are not required to be accompanied by audio output in accordance with paragraph (a)(2) of this section, manufacturers of digital apparatus must make such functions accessible to individuals who are blind or visually impaired by ensuring that the input, control, and mechanical functions are locatable, identifiable, and operable in accordance with each of the following, assessed independently: ( i ) Operable without vision. The digital apparatus must provide at least one mode that does not require user vision. ( ii ) Operable with low vision and limited or no hearing. The digital apparatus must provide at least one mode that permits operation by users with visual acuity between 20/70 and 20/200, without relying on audio output. ( iii ) Operable with little or no color perception. The digital apparatus must provide at least one mode that does not require user color perception. ( 4 ) Appropriate built-in apparatus functions are those functions that are used for receiving, playing back, or displaying video programming, and include the following functions: ( i ) Power On/Off. Function that allows the user to turn the device on or off. ( ii ) Volume Adjust and Mute. Function that allows the user to adjust the volume and to mute or un-mute the volume. ( iii ) Channel/Program Selection. Function that allows the user to select channels and programs (e.g., via physical numeric or channel up/channel down buttons or via on screen guides and menus). ( iv ) Display Channel/Program Information. Function that allows the user to display channel or program information. ( v ) Configuration—Setup. Function that allows the user to access and change configuration or setup options (e.g., configuration of video display and audio settings, selection of preferred language for onscreen guides or menus, etc.). ( vi ) Configuration—CC Control. Function that allows the user to enable or disable the display of closed captioning. ( vii ) Configuration—CC Options. Function that allows the user to modify the display of closed caption data (e.g., configuration of the font size, font color, background color, opacity, etc.). ( viii ) Configuration—audio description control. Function that allows the user to enable or disable the output of audio description ( i.e., allows the user to change from the main audio to the secondary audio stream that contains audio description, and from the secondary audio stream back to the main audio). ( ix ) Display Configuration Info. Function that allows the user to display how user preferences are currently configured. ( x ) Playback Functions. Function that allows the user to control playback functions (e.g., pause, play, rewind, fast forward, stop, and record). ( xi ) Input Selection. Function that allows the user to select their preferred input source. ( 5 ) As used in this section, the term “usable” shall mean that individuals with disabilities have access to information and documentation on the full functionalities of digital apparatus, including instructions, product information (including accessible feature information), documentation, bills, and technical support which are provided to individuals without disabilities. ( b ) Compliance deadline. Compliance with the requirements of this section is required no later than December 20, 2016; except that compliance with the requirements of this section is required no later than December 20, 2021 for the following digital apparatus: ( 1 ) Display-only monitors and video projectors; ( 2 ) Devices that are primarily designed to capture and display still and/or moving images consisting of consumer generated media, or of other images that are not video programming as defined under § 79.4(a)(1) of this part , and that have limited capability to display video programming transmitted simultaneously with sound; and ( 3 ) Devices that are primarily designed to display still images and that have limited capability to display video programming transmitted simultaneously with sound. ( c ) ( 1 ) Achievable. Manufacturers of digital apparatus: ( i ) May file a petition seeking a determination from the Commission, pursuant to § 1.41 of this chapter , that compliance with the requirements of this section is not achievable, which the Commission may grant upon a finding that such compliance is not achievable, or ( ii ) May raise as a defense to a complaint or Commission enforcement action that a particular digital apparatus does not comply with the requirements of this section because compliance was not achievable, and the Commission may dismiss a complaint or Commission enforcement action upon a finding that such compliance is not achievable. ( 2 ) The petitioner or respondent must support a petition filed pursuant to paragraph (c)(1) of this section or a response to a complaint or Commission enforcement action with sufficient evidence to demonstrate that compliance with the requirements of this section is not “achievable.” “Achievable” means with reasonable effort or expense. The Commission will consider the following factors when determining whether compliance with the requirements of this section is not “achievable” under the factors set out in 47 U.S.C. 617(g) : ( i ) The nature and cost of the steps needed to meet the requirements of this section with respect to the specific equipment or service in question; ( ii ) The technical and economic impact on the operation of the manufacturer or provider and on the operation of the specific equipment or service in question, including on the development and deployment of new communications technologies; ( iii ) The type of operations of the manufacturer or provider; and ( iv ) The extent to which the service provider or manufacturer in question offers accessible services or equipment containing varying degrees of functionality and features, and offered at differing price points. ( d ) ( 1 ) Information, documentation, and training. Manufacturers of digital apparatus shall ensure access to information and documentation it provides to its customers, if achievable. Such information and documentation includes user guides, bills, installation guides for end-user installable devices, and product support communications, regarding both the product in general and the accessibility features of the product. Manufacturers shall take such other achievable steps as necessary including: ( i ) Providing a description of the accessibility and compatibility features of the product upon request, including, as needed, in alternate formats or alternate modes at no additional charge; ( ii ) Providing end-user product documentation in alternate formats or alternate modes upon request at no additional charge; and ( iii ) Ensuring usable customer support and technical support in the call centers and service centers which support their products at no additional charge. ( 2 ) Manufacturers of digital apparatus shall include in general product information the contact method for obtaining the information required by paragraph (d)(1) of this section. ( 3 ) In developing, or incorporating existing training programs, manufacturers of digital apparatus shall consider the following topics: ( i ) Accessibility requirements of individuals with disabilities; ( ii ) Means of communicating with individuals with disabilities; ( iii ) Commonly used adaptive technology used with the manufacturer's products; ( iv ) Designing for accessibility; and ( v ) Solutions for accessibility and compatibility. ( e ) Notices. Digital apparatus manufacturers must notify consumers that digital apparatus with the required accessibility features are available to consumers as follows: A digital apparatus manufacturer must provide notice on its official Web site about the availability of accessible digital apparatus. A digital apparatus manufacturer must prominently display information about accessible digital apparatus on its Web site in a way that makes such information available to all consumers. The notice must publicize the availability of accessible devices and the specific person, office or entity who can answer consumer questions about which products contain the required accessibility features. The contact office or person listed on the Web site must be able to answer both general and specific questions about the availability of accessible equipment, including, if necessary, providing information to consumers or directing consumers to a place where they can locate information about how to activate and use accessibility features. All information required by this section must be provided in a Web site format that is accessible to people with disabilities. [ 78 FR 77251 , Dec. 20, 2013, as amended at 81 FR 5936 , Feb. 4, 2016; 85 FR 76486 , Nov. 30, 2020] § 79.108 Video programming guides and menus provided by navigation devices. ( a ) ( 1 ) Manufacturers that place navigation devices, as defined by § 76.1200 of this chapter , into the chain of commerce for purchase by consumers, and multichannel video programming distributors (“MVPDs”) as defined by § 76.1200 of this chapter that lease or sell such devices must ensure that the on-screen text menus and guides provided by navigation devices for the display or selection of multichannel video programming are audibly accessible in real time upon request by individuals who are blind or visually impaired. Manufacturers and MVPDs must comply with the provisions of this section only if doing so is achievable as defined in § 79.108(c)(2) . Note 1 to paragraph ( a )(1): This paragraph places no restrictions on the importing, shipping, or sale of navigation devices manufactured before the applicable compliance deadline for this section. Note 2 to paragraph ( a )(1): In determining whether a particular device is considered a “navigation device” subject to the requirements of this section, the Commission will look to the device's built-in functionality at the time of manufacture. ( 2 ) The following functions are used for the display or selection of multichannel video programming and must be made audibly accessible by manufacturers of navigation devices and MVPDs covered by this section when included in a navigation device and accessed through on-screen text menus or guides: ( i ) Channel/Program Selection. Function that allows the user to select channels and programs (e.g., via physical numeric or channel up/channel down buttons or via on screen guides and menus). ( ii ) Display Channel/Program Information. Function that allows the user to display channel or program information. ( iii ) Configuration—Setup. Function that allows the user to access and change configuration or setup options (e.g., configuration of video display and audio settings, selection of preferred language for onscreen guides or menus, etc.). ( iv ) Configuration—CC Control. Function that allows the user to enable or disable the display of closed captioning. ( v ) Configuration—CC Options. Function that allows the user to modify the display of closed caption data (e.g., configuration of the font size, font color, background color, opacity, etc.). ( vi ) Configuration—audio description control. Function that allows the user to enable or disable the output of audio description ( i.e., allows the user to change from the main audio to the secondary audio stream that contains audio description, and from the secondary audio stream back to the main audio). ( vii ) Display Configuration Info. Function that allows the user to display how user preferences are currently configured. ( viii ) Playback Functions. Function that allows the user to control playback functions (e.g., pause, play, rewind, fast forward, stop, and record). ( ix ) Input Selection. Function that allows the user to select their preferred input source. ( 3 ) Manufacturers of navigation devices and MVPDs covered by this section must ensure that the following functions are made accessible, as defined by § 79.107(a)(3) , to individuals who are blind or visually impaired: ( i ) Power On/Off. Function that allows the user to turn the device on or off. ( ii ) Volume Adjust and Mute. Function that allows the user to adjust the volume and to mute or un-mute the volume. ( 4 ) With respect to navigation device features and functions: ( i ) Delivered in software, the requirements set forth in this section shall apply to the manufacturer of such software; and ( ii ) Delivered in hardware, the requirements set forth in this section shall apply to the manufacturer of such hardware. ( 5 ) Manufacturers of navigation devices and MVPDs covered by this section must permit a requesting blind or visually impaired individual to request an accessible navigation device through any means that such covered entities generally use to make available navigation devices to other consumers. Any such means must not be more burdensome to a requesting blind or visually impaired individual than the means required for other consumers to obtain navigation devices. A manufacturer that provides navigation devices at retail to requesting blind or visually impaired consumers must make a good faith effort to have retailers make available compliant navigation devices to the same extent they make available navigation devices to other consumers generally. ( 6 ) Manufacturers of navigation devices and MVPDs covered by this section must provide an accessible navigation device to a requesting blind or visually impaired individual within a reasonable time, defined as a time period comparable to the time that such covered entities generally provide navigation devices to other consumers. ( 7 ) Compliance through the use of separate equipment or software. Manufacturers of navigation devices and MVPDs covered by this section may comply with the requirements of paragraphs (a)(1) through (a)(3) of this section through the use of software, a peripheral device, specialized consumer premises equipment, a network-based service or other solution, and shall have maximum flexibility to select the manner of compliance. An entity that chooses to comply with paragraphs (a)(1) through (a)(3) of this section through the use of separate equipment or software must: ( i ) Ensure that any software, peripheral device, equipment, service or solution relied upon achieves the accessibility required by this section. If a navigation device has any functions that are required to be made accessible pursuant to this section, any separate solution must make all of those functions accessible or enable the accessibility of those functions. ( ii ) Provide any software, peripheral device, equipment, service or solution in a manner that is not more burdensome to a requesting blind or visually impaired individual than the manner in which such entity generally provides navigation devices to other consumers. ( iii ) Provide any software, peripheral device, equipment, service or solution at no additional charge. ( iv ) Provide any software, peripheral device, equipment, service or solution within a reasonable time, defined as a time period comparable to the time that such entity generally provides navigation devices to other consumers. ( 8 ) Manufacturers of navigation devices and MVPDs covered by this section shall only be responsible for compliance with the requirements of this section with respect to navigation devices that such covered entities provide to a requesting blind or visually impaired individual. ( b ) Compliance deadline. Compliance with the requirements of this section is required no later than December 20, 2016; except that compliance with the requirements of this section is required no later than December 20, 2018 for the following covered entities: ( 1 ) MVPD operators with 400,000 or fewer subscribers as of year-end 2012; and ( 2 ) MVPD systems with 20,000 or fewer subscribers that are not affiliated with an operator serving more than 10 percent of all MVPD subscribers as of year-end 2012. ( c ) ( 1 ) Achievable. MVPDs and manufacturers of navigation device hardware or software: ( i ) May file a petition seeking a determination from the Commission, pursuant to § 1.41 of this chapter , that compliance with the requirements of this section is not achievable, which the Commission may grant upon a finding that such compliance is not achievable, or ( ii ) May raise as a defense to a complaint or Commission enforcement action that a particular navigation device does not comply with the requirements of this section because compliance was not achievable, and the Commission may dismiss a complaint or Commission enforcement action upon a finding that such compliance is not achievable. ( 2 ) The petitioner or respondent must support a petition filed pursuant to paragraph (c)(1) of this section or a response to a complaint or Commission enforcement action with sufficient evidence to demonstrate that compliance with the requirements of this section is not “achievable.” “Achievable” means with reasonable effort or expense. The Commission will consider the following factors when determining whether compliance with the requirements of this section is not “achievable” under the factors set out in 47 U.S.C. 617(g) : ( i ) The nature and cost of the steps needed to meet the requirements of this section with respect to the specific equipment or service in question; ( ii ) The technical and economic impact on the operation of the manufacturer or provider and on the operation of the specific equipment or service in question, including on the development and deployment of new communications technologies; ( iii ) The type of operations of the manufacturer or provider; and ( iv ) The extent to which the service provider or manufacturer in question offers accessible services or equipment containing varying degrees of functionality and features, and offered at differing price points. ( d ) ( 1 ) MVPD notices. Covered MVPDs must notify consumers that navigation devices with the required accessibility features are available to consumers who are blind or visually impaired upon request as follows: ( i ) When providing information about equipment options in response to a consumer inquiry about service, accessibility, or other issues, MVPDs must clearly and conspicuously inform consumers about the availability of accessible navigation devices. ( ii ) MVPDs must provide notice on their official Web sites about the availability of accessible navigation devices. MVPDs must prominently display information about accessible navigation devices and separate solutions on their Web sites in a way that makes such information available to all current and potential subscribers. The notice must publicize the availability of accessible devices and separate solutions and explain the means for making requests for accessible equipment and the specific person, office or entity to whom such requests are to be made. The contact office or person listed on the Web site must be able to answer both general and specific questions about the availability of accessible equipment, including, if necessary, providing information to consumers or directing consumers to a place where they can locate information about how to activate and use accessibility features. All information required by this section must be provided in a Web site format that is accessible to people with disabilities. ( 2 ) Manufacturer notices. Navigation device manufacturers must notify consumers that navigation devices with the required accessibility features are available to consumers who are blind or visually impaired upon request as follows: A navigation device manufacturer must provide notice on its official Web site about the availability of accessible navigation devices. A navigation device manufacturer must prominently display information about accessible navigation devices and separate solutions on its Web site in a way that makes such information available to all consumers. The notice must publicize the availability of accessible devices and separate solutions and explain the means for making requests for accessible equipment and the specific person, office or entity to whom such requests are to be made. The contact office or person listed on the Web site must be able to answer both general and specific questions about the availability of accessible equipment, including, if necessary, providing information to consumers or directing consumers to a place where they can locate information about how to activate and use accessibility features. All information required by this section must be provided in a Web site format that is accessible to people with disabilities. ( e ) Verification of eligibility. Entities covered by this section may only require consumer verification of eligibility as an individual who is blind or visually impaired to the extent the entity chooses to rely on an accessibility solution that involves providing the consumer with sophisticated equipment and/or services at a price that is lower than that offered to the general public. In this situation, entities covered by this section must allow a consumer to provide a wide array of documentation to verify eligibility for the accessibility solution provided. Entities covered by this section that choose to require verification of eligibility must comply with the requirements of 47 U.S.C. 338(i)(4)(A) and 47 U.S.C. 631(c)(1) to protect personal information gathered from consumers through their verification procedures. ( f ) ( 1 ) Information, documentation, and training. MVPDs and manufacturers of navigation devices shall ensure access to information and documentation it provides to its customers, if achievable. Such information and documentation includes user guides, bills, installation guides for end-user installable devices, and product support communications, regarding both the product in general and the accessibility features of the product. MVPDs and manufacturers of navigation devices shall take such other achievable steps as necessary including: ( i ) Providing a description of the accessibility and compatibility features of the product upon request, including, as needed, in alternate formats or alternate modes at no additional charge; ( ii ) Providing end-user product documentation in alternate formats or alternate modes upon request at no additional charge; and ( iii ) Ensuring usable customer support and technical support in the call centers and service centers which support their products at no additional charge. ( 2 ) MVPDs and manufacturers of navigation devices shall include in general product information the contact method for obtaining the information required by paragraph (f)(1) of this section. ( 3 ) In developing, or incorporating existing training programs, MVPDs and manufacturers of navigation devices shall consider the following topics: ( i ) Accessibility requirements of individuals with disabilities; ( ii ) Means of communicating with individuals with disabilities; ( iii ) Commonly used adaptive technology used with the manufacturer's products; ( iv ) Designing for accessibility; and ( v ) Solutions for accessibility and compatibility. ( 4 ) If a consumer with a disability requests an accessible navigation device pursuant to Section 205, this also constitutes a request for a description of the accessibility features of the device and end-user product documentation in accessible formats. [ 78 FR 77251 , Dec. 20, 2013, as amended at 81 FR 5936 , Feb. 4, 2016; 85 FR 76486 , Nov. 30, 2020] § 79.109 Activating accessibility features. ( a ) Requirements applicable to digital apparatus. ( 1 ) Manufacturers of digital apparatus designed to receive or play back video programming transmitted in digital format simultaneously with sound, including apparatus designed to receive or display video programming transmitted in digital format using Internet protocol, with built-in closed-captioning capability must ensure that closed captioning can be activated through a mechanism that is reasonably comparable to a button, key, or icon. Digital apparatus do not include navigation devices as defined in § 76.1200 of this chapter . ( 2 ) Manufacturers of digital apparatus designed to receive or play back video programming transmitted in digital format simultaneously with sound, including apparatus designed to receive or display video programming transmitted in digital format using internet protocol, with built-in audio description capability must ensure that audio description can be activated through a mechanism that is reasonably comparable to a button, key, or icon. Digital apparatus do not include navigation devices as defined in § 76.1200 of this chapter . Note 1 to paragraph ( a ): The term digital apparatus includes the physical device and the video player(s) capable of displaying video programming transmitted in digital format simultaneously with sound that manufacturers install into the devices they manufacture before sale, whether in the form of hardware, software, or a combination of both, as well as any video players capable of displaying video programming in digital format transmitted simultaneously with sound that manufacturers direct consumers to install after sale. The term software includes third-party applications that are pre-installed on a device by the manufacturer or that the manufacturer directs consumers to install after sale. Note 2 to paragraph ( a ): This paragraph places no restrictions on the importing, shipping, or sale of digital apparatus manufactured before the applicable compliance deadline for this section. ( b ) Requirements applicable to navigation devices. Manufacturers that place navigation devices, as defined in § 76.1200 of this chapter , into the chain of commerce for purchase by consumers, and MVPDs that lease or sell such navigation devices with built in closed-captioning capability must ensure that closed captioning can be activated through a mechanism that is reasonably comparable to a button, key, or icon. Note 1 to paragraph ( b ): In determining whether a particular device is considered a “navigation device” subject to the requirements of this section, the Commission will look to the device's built-in functionality at the time of manufacture. Note 2 to paragraph ( b ): This paragraph places no restrictions on the importing, shipping, or sale of navigation devices manufactured before the applicable compliance deadline for this section. ( c ) Compliance deadline. Compliance with the requirements of this section is required no later than December 20, 2016; except that compliance with the requirements of this section is required no later than December 20, 2018 for the following covered entities: ( 1 ) MVPD operators with 400,000 or fewer subscribers as of year-end 2012; and ( 2 ) MVPD systems with 20,000 or fewer subscribers that are not affiliated with an operator serving more than 10 percent of all MVPD subscribers as of year-end 2012. [ 78 FR 77251 , Dec. 20, 2013, as amended at 85 FR 76486 , Nov. 30, 2020] § 79.110 Complaint procedures for user interfaces, menus and guides, and activating accessibility features on digital apparatus and navigation devices. ( a ) Complaints concerning an alleged violation of the requirements of § 79.107 , § 79.108 , or § 79.109 must be filed in accordance with this section. For purposes of this section, a covered entity is the entity or entities responsible for compliance with § 79.107 , § 79.108 , or § 79.109 . ( 1 ) Complaints must be filed with the Commission or with the covered entity within 60 days after the date the complainant experiences a problem relating to compliance with the requirements of § 79.107 , § 79.108 , or § 79.109 . A complaint filed with the Commission may be transmitted to the Consumer and Governmental Affairs Bureau by any reasonable means, such as the Commission's online informal complaint filing system, letter, facsimile, telephone (voice/TRS/TTY), email, or some other method that would best accommodate the complainant's disability. ( 2 ) A complaint should include the following information: ( i ) The complainant's name, address, and other contact information, such as telephone number and email address; ( ii ) The name and contact information of the covered entity; ( iii ) Information sufficient to identify the software or digital apparatus/navigation device used; ( iv ) The date or dates on which the complainant purchased, acquired, or used, or tried to purchase, acquire, or use the digital apparatus/navigation device; ( v ) A statement of facts sufficient to show that the covered entity has violated, or is violating, the Commission's rules; ( vi ) The specific relief or satisfaction sought by the complainant; ( vii ) The complainant's preferred format or method of response to the complaint; and ( viii ) If a complaint pursuant to § 79.108 , the date that the complainant requested an accessible navigation device and the person or entity to whom that request was directed. ( 3 ) If a complaint is filed first with the Commission, the Commission will forward a complaint satisfying the above requirements to the named covered entity for its response, as well as to any other entity that Commission staff determines may be involved. The covered entity or entities must respond in writing to the Commission and the complainant within 30 days after receipt of the complaint from the Commission. ( 4 ) If a complaint is filed first with the covered entity, the covered entity must respond in writing to the complainant within 30 days after receipt of a complaint. If the covered entity fails to respond to the complainant within 30 days, or the response does not satisfy the consumer, the complainant may file the complaint with the Commission within 30 days after the time allotted for the covered entity to respond. If the consumer subsequently files the complaint with the Commission (after filing with the covered entity) and the complaint satisfies the above requirements in paragraph 2 of this section, the Commission will forward the complaint to the named covered entity for its response, as well as to any other entity that Commission staff determines may be involved. The covered entity must then respond in writing to the Commission and the complainant within 30 days after receipt of the complaint from the Commission. ( 5 ) In response to a complaint, the covered entity must file with the Commission sufficient records and documentation to prove that it was (and remains) in compliance with the Commission's rules. Conclusory or insufficiently supported assertions of compliance will not carry the covered entity's burden of proof. If the covered entity admits that it was not, or is not, in compliance with the Commission's rules, it must file with the Commission sufficient records and documentation to explain the reasons for its noncompliance, show what remedial steps it has taken or will take, and show why such steps have been or will be sufficient to remediate the problem. ( 6 ) The Commission will review all relevant information provided by the complainant and the covered entity, as well as any additional information the Commission deems relevant from its files or public sources. The Commission may request additional information from any relevant parties when, in the estimation of Commission staff, such information is needed to investigate the complaint or adjudicate potential violations of Commission rules. When the Commission requests additional information, parties to which such requests are addressed must provide the requested information in the manner and within the time period the Commission specifies. ( 7 ) If the Commission finds that a covered entity has violated the requirements of §§ 79.107 , 79.108 , or 79.109 , it may employ the full range of sanctions and remedies available under the Communications Act of 1934, as amended, against any or all of the violators. ( b ) Contact information. A covered entity must make contact information available for the receipt and handling of complaints. The contact information required must include the name of a person with primary responsibility for accessibility compliance issues. This contact information must also include that person's title or office, telephone number, fax number, postal mailing address, and email address. A covered entity must keep this information current and update it within 10 business days of any change.
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PART 69—ACCESS CHARGES Authority: 47 U.S.C. 154 , 201 , 202 , 203 , 205 , 218 , 220 , 254 , 403 . Source: 48 FR 10358 , Mar. 11, 1983, unless otherwise noted. Subpart A—General § 69.1 Application of access charges. ( a ) This part establishes rules for access charges for interstate or foreign access services provided by telephone companies on or after January 1, 1984. ( b ) Except as provided in § 69.1(c) , charges for such access service shall be computed, assessed, and collected and revenues from such charges shall be distributed as provided in this part. Access service tariffs shall be filed and supported as provided under part 61 of this chapter , except as modified herein. ( c ) The following provisions of this part shall apply to telephone companies subject to price cap regulation only to the extent that application of such provisions is necessary to develop the nationwide average carrier common line charge, for purposes of reporting pursuant to §§ 43.21 and 43.22 of this chapter , and for computing initial charges for new rate elements: §§ 69.3(f) , 69.106(b) , 69.106(f) , 69.106(g) , 69.109(b) , 69.110(d) , 69.111(c) , 69.111(g)(1) , 69.111(g)(2) , 69.111(g)(3) , 69.111(l) , 69.112(d) , 69.114(b) , 69.114(d) , 69.125(b)(2) , 69.301 through 69.310 , and 69.401 through 69.412 . The computation of rates pursuant to these provisions by telephone companies subject to price cap regulation shall be governed by the price cap rules set forth in part 61 of this chapter and other applicable Commission rules and orders. ( d ) To the extent any provision contained in 47 CFR part 51 subparts H and J conflict with any provision of this part, the 47 CFR part 51 provision supersedes the provision of this part. [ 48 FR 10358 , Mar. 11, 1983, as amended at 55 FR 42385 , Oct. 19, 1990; 58 FR 41189 , Aug. 3, 1993; 62 FR 40463 , July 29, 1997; 76 FR 73882 , Nov. 29, 2011] § 69.2 Definitions. For purposes of the part: ( a ) Access minutes or Access minutes of use is that usage of exchange facilities in interstate or foreign service for the purpose of calculating chargeable usage. On the originating end of an interstate or foreign call, usage is to be measured from the time the originating end user's call is delivered by the telephone company and acknowledged as received by the interexchange carrier's facilities connected with the originating exchange. On the terminating end of an interstate or foreign call, usage is to be measured from the time the call is received by the end user in the terminating exchange. Timing of usage at both the originating and terminating end of an interstate or foreign call shall terminate when the calling or called party disconnects, whichever event is recognized first in the originating and terminating end exchanges, as applicable. ( b ) Access service includes services and facilities provided for the origination or termination of any interstate or foreign telecommunication. ( c ) Annual revenue requirement means the sum of the return component and the expense component. ( d ) Association means the telephone company association described in subpart G of this part . ( e ) Big Three Expenses are the combined expense groups comprising: Plant Specific Operations Expense, Accounts 6110, 6120, 6210, 6220, 6230, 6310 and 6410; Plant Nonspecific Operations Expenses, Accounts 6510, 6530 and 6540, and Customer Operations Expenses, Accounts 6610 and 6620. ( f ) Big Three Expense Factors are the ratios of the sum of Big Three Expenses apportioned to each element or category to the combined Big Three Expenses. ( g ) Cable and wire facilities includes all equipment or facilities that are described as cable and wire facilities in the Separations Manual and included in Account 2410. ( h ) Carrier cable and wire facilities means all cable and wire facilities that are not subscriber line cable and wire facilities. ( i ) Central Office Equipment or COE includes all equipment or facilities that are described as Central Office Equipment in the Separations Manual and included in Accounts 2210, 2220 and 2230. ( j ) Corporate operations expenses are included in General and Administrative Expenses (Account 6720). ( k ) Customer operations expenses include Marketing and Services expenses in Accounts 6610 and 6620, respectively. ( l ) Direct expense means expenses that are attributable to a particular category or categories of tangible investment described in subpart D of this part and includes: ( 1 ) Plant Specific Operations expenses in Accounts 6110, 6120, 6210, 6220, 6230, 6310 and 6410; and ( 2 ) Plant Nonspecific Operations Expenses in Accounts 6510, 6530, 6540 and 6560. ( m ) End user means any customer of an interstate or foreign telecommunications service that is not a carrier except that a carrier other than a telephone company shall be deemed to be an “end user” when such carrier uses a telecommunications service for administrative purposes and a person or entity that offers telecommunications services exclusively as a reseller shall be deemed to be an “end user” if all resale transmissions offered by such reseller originate on the premises of such reseller. ( n ) Entry switch means the telephone company switch in which a transport line or trunk terminates. ( o ) Expense component means the total expenses and income charges for an annual period that are attributable to a particular element or category. ( p ) Expenses include allowable expenses in the Uniform System of Accounts, part 32, apportioned to interstate or international services pursuant to the Separations Manual and allowable income charges apportioned to interstate and international services pursuant to the Separations Manual. ( q ) General support facilities include buildings, land, vehicles, aircraft, work equipment, furniture, office equipment and general purpose computers as described in the Separations Manual and included in Account 2110. ( r ) Information origination/termination equipment includes all equipment or facilities that are described as information origination/termination equipment in the Separations Manual and in Account 2310 except information origination/termination equipment that is used by telephone companies in their own operations. ( s ) Interexchange or the interexchange category includes services or facilities provided as an integral part of interstate or foreign telecommunications that is not described as “access service” for purposes of this part. ( t ) Level I Contributors. Telephone companies that are not association Common Line tariff participants, file their own Common Line tariffs effective April 1, 1989, and had a lower than average Common Line revenue requirement per minute of use in 1988 and thus were net contributors ( i.e., had a negative net balance) to the association Common Line pool in 1988. ( u ) Level I Receivers. Telephone companies that are not association Common Line tariff participants, file their own Common Line tariffs effective April 1, 1989, and had a higher than average Common Line revenue requirement per minute of use in 1988 and thus were net receivers ( i.e., had a positive net balance) from the association Common Line Pool in 1988. ( v ) Level II Contributors. A telephone company or group of affiliated telephone companies with fewer than 300,000 access lines and less than $150 million in annual operating revenues that is not an association Common Line tariff participant, that files its own Common Line tariff effective July 1, 1990, and that had a lower than average Common Line revenue requirement per minute of use in 1988 and thus was a net contributor ( i.e. , had a negative net balance) to the association Common Line pool in 1988. ( w ) Level II Receivers. A telephone company or group of affiliated telephone companies with fewer than 300,000 access lines and less than $150 million in annual operating revenues that is not an association Common Line tariff participant, that files its own Common Line tariff effective July 1, 1990, and that had a higher than average Common Line revenue requirement per minute of use in 1988 and thus was a net receiver ( i.e. , had a positive net balance) from the association Common Line pool in 1988. ( x ) Line or Trunk includes, but is not limited to, transmission media such as radio, satellite, wire, cable and fiber optic cable means of transmission. ( y ) [Reserved] ( z ) Net investment means allowable original cost investment in Accounts 2001 through 2003, 1220 and the investments in nonaffiliated companies included in Account 1410, that has been apportioned to interstate and foreign services pursuant to the Separations Manual from which depreciation, amortization and other reserves attributable to such investment that has been apportioned to interstate and foreign services pursuant to the Separations Manual have been subtracted and to which working capital that is attributable to interstate and foreign services has been added. ( aa ) Operating taxes include all taxes in Account 7200; ( bb ) Origination of a service that is switched in a Class 4 switch or an interexchange switch that performs an equivalent function ends when the transmission enters such switch and termination of such a service begins when the transmission leaves such a switch, except that; ( 1 ) Switching in a Class 4 switch or transmission between Class 4 switches that is not deemed to be interexchange for purposes of the Modified Final Judgement entered August 24, 1982, in United States v Western Electric Co., D.C. Civil Action No. 82-0192, will be “origination” or “termination” for purposes of this part; and ( 2 ) Origination and Termination does not include the use of any part of a line, trunk or switch that is not owned or leased by a telephone company. ( cc ) Origination of any service other than a service that is switched in a Class 4 switch or a switch that performs an equivalent function ends and “termination” of any such service begins at a point of demarcation that corresponds with the point of demarcation that is used for a service that is switched in a Class 4 switch or a switch that performs an equivalent function. ( dd ) Private line means a line that is used exclusively for an interexchange service other than MTS, WATS or an MTS-WATS equivalent service, including a line that is used at the closed end of an FX WATS or CCSA service or any service that is substantially equivalent to a CCSA service. ( ee ) Public telephone is a telephone provided by a telephone company through which an end user may originate interstate or foreign telecommunications for which he pays with coins or by credit card, collect or third number billing procedures. ( ff ) Return component means net investment attributable to a particular element or category multiplied by the authorized annual rate of return. ( gg ) Subscriber line cable and wire facilities means all lines or trunks on the subscriber side of a Class 5 or end office switch, including lines or trunks that do not terminate in such a switch, except lines or trunks that connect an interexchange carrier. ( hh ) Telephone company or Local exchange carrier as used in this part means an incumbent local exchange carrier as defined in section 251(h)(1) of the 1934 Act as amended by the 1996 Act. ( ii ) Transitional support (TRS) means funds provided by telephone companies that are not association Common Line tariff participants, but were net contributors to the association Common Line pool in 1988, to telephone companies that are not association Common Line tariff participants and were net receivers from the association Common Line pool in 1988. ( jj ) Unit of capacity means the capability to transmit one conversation. ( kk ) WATS access line means a line or trunk that is used exclusively for WATS service. ( ll ) Equal access investment and equal access expenses mean equal access investment and expenses as defined for purposes of the part 36 separations rules. ( mm ) Basic service elements are optional unbundled features that enhanced service providers may require or find useful in the provision of enhanced services, as defined in Amendments of part 69 of the Commission's rules relating to the Creation of Access Charge Subelements for Open Network Architecture, Report and Order, 6 FCC Rcd ____, CC Docket No. 89-79, FCC 91-186 (1991). ( nn ) Dedicated signalling transport means transport of out-of-band signalling information between an interexchange carrier or other person's common channel signalling network and a telephone company's signalling transport point on facilities dedicated to the use of a single customer. ( oo ) Direct-trunked transport means transport on circuits dedicated to the use of a single interexchange carrier or other person, without switching at the tandem, ( 1 ) Between the serving wire center and the end office, or ( 2 ) Between two customer-designated telephone company offices. ( pp ) End office means the telephone company office from which the end user receives exchange service. ( qq ) Entrance facilities means transport from the interexchange carrier or other person's point of demarcation to the serving wire center. ( rr ) Serving wire center means the telephone company central office designated by the telephone company to serve the geographic area in which the interexchange carrier or other person's point of demarcation is located. ( ss ) Tandem-switched transport means transport of traffic that is switched at a tandem switch— ( 1 ) Between the serving wire center and the end office, or ( 2 ) Between the telephone company office containing the tandem switching equipment, as described in § 36.124 of this chapter , and the end office. Tandem-switched transport between a serving wire center and an end office consists of circuits dedicated to the use of a single interexchange carrier or other person from the serving wire center to the tandem (although this dedicated link will not exist if the serving wire center and the tandem are located in the same place) and circuits used in common by multiple interexchange carriers or other persons from the tandem to the end office. ( tt ) [Reserved] ( uu ) Price cap regulation means the method of regulation of dominant carriers provided in §§ 61.41 through 61.49 of this chapter . ( vv ) Signalling for tandem switching means the carrier identification code (CIC) and the OZZ code, or equivalent information needed to perform tandem switching functions. The CIC identifies the interexchange carrier and the OZZ identifies the interexchange carrier trunk to which traffic should be routed. ( ww ) Interstate common line support (ICLS) means funds that are provided pursuant to § 54.901 of this chapter . [ 52 FR 37309 , Oct. 6, 1987] Editorial Note Editorial Note: For Federal Register citations affecting § 69.2 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 69.3 Filing of access service tariffs. ( a ) Except as provided in paragraphs (g) and (h) of this section, a tariff for access service shall be filed with this Commission for a two-year period. Such tariffs shall be filed with a scheduled effective date of July 1. Such tariff filings shall be limited to rate level changes. ( b ) The requirements imposed by paragraph (a) of this section shall not preclude the filing of revisions to those annual tariffs that will become effective on dates other than July 1. ( c ) Any access service tariff filing, the filing of any petitions for rejection, investigation or suspension and the filing of any responses to such petitions shall comply with the applicable rules of this Commission relating to tariff filings. ( d ) The association shall file a tariff as agent for all telephone companies that participate in an association tariff. ( e ) A telephone company or group of telephone companies may file a tariff that is not an association tariff. Such a tariff may cross-reference the association tariff for some access elements and include separately computed charges of such company or companies for other elements. Any such tariff must comply with the requirements hereinafter provided: ( 1 ) Such a tariff must cross reference association charges for the Carrier Common Line and End User Common Line element or elements if such company or companies participate in the pooling of revenues and revenue requirements for such elements. ( 2 ) Such a tariff that cross-references an association charge for any end user access element must cross-reference association charges for all end user access elements; ( 3 ) Such a tariff that cross-references an association charge for any carrier's carrier access element other than the Carrier Common Line element must cross-reference association charges for all carrier's carrier access charges other than the Carrier Common Line element; ( 4 ) Except for charges subject to price cap regulation as that term is defined in § 61.3(v) of this chapter , any charge in such a tariff that is not an association charge must be computed to reflect the combined investment and expenses of all companies that participate in such a charge; ( 5 ) A telephone company or companies that elect to file such a tariff for 1984 access charges shall notify AT&T on or before the 40th day after the release of the Commission order adopting this part; ( 6 ) Except as provided in paragraph (e)(12) of this section, a telephone company or companies that elect to file such a tariff shall notify the association not later than March 1 of the year the tariff becomes effective, if such company or companies did not file such a tariff in the preceding biennial period or cross-reference association charges in such preceding period that will be cross-referenced in the new tariff. A telephone company or companies that elect to file such a tariff not in the biennial period shall file its tariff to become effective July 1 for a period of one year. Thereafter, such telephone company or companies must file its tariff pursuant to paragraphs (f)(1) or (f)(2) of this section. ( 7 ) Such a tariff shall not contain charges for any access elements that are disaggregated or deaveraged within a study area that is used for purposes of jurisdictional separations, except as otherwise provided in this chapter. ( 8 ) Such a tariff shall not contain charges included in the billing and collection category. ( 9 ) Except as provided in paragraph (e)(12) of this section, a telephone company or group of affiliated telephone companies that elects to file its own Carrier Common Line tariff pursuant to paragraph (a) of this section shall notify the association not later than March 1 of the year the tariff becomes effective that it will no longer participate in the association tariff. A telephone company or group of affiliated telephone companies that elects to file its own Carrier Common Line tariff for one of its study areas shall file its own Carrier Common Line tariff(s) for all of its study areas. ( 10 ) Any data supporting a tariff that is not an association tariff shall be consistent with any data that the filing carrier submitted to the association. ( 11 ) Any changes in Association common line tariff participation and Long Term and Transitional Support resulting from the merger or acquisition of telephone properties are to be made effective on the next annual access tariff filing effective date following consummation of the merger or acquisition transaction, in accordance with the provisions of § 69.3(e)(9) . ( 12 ) ( i ) A local exchange carrier, or a group of affiliated carriers in which at least one carrier is engaging in access stimulation, as that term is defined in § 61.3(bbb) of this chapter , shall file its own access tariffs within forty-five (45) days of commencing access stimulation, as that term is defined in § 61.3(bbb) of this chapter , or within forty-five (45) days of December 29, 2011 if the local exchange carrier on that date is engaged in access stimulation, as that term is defined in § 61.3(bbb) of this chapter . ( ii ) Notwithstanding paragraphs (e)(6) and (e)(9) of this section, a local exchange carrier, or a group of affiliated carriers in which at least one carrier is engaging in access stimulation, as that term is defined in § 61.3(bbb) of this chapter , must withdraw from all interstate access tariffs issued by the association within forty-five (45) days of engaging in access stimulation, as that term is defined in § 61.3(bbb) of this chapter , or within forty-five (45) days of December 29, 2011 if the local exchange carrier on that date is engaged in access stimulation, as that term is defined in § 61.3(bbb) of this chapter . ( iii ) Any such carrier(s) shall notify the association when it begins access stimulation, or on December 29, 2011 if it is engaged in access stimulation, as that term is defined in § 61.3(bbb) of this chapter , on that date, of its intent to leave the association tariffs within forty-five (45) days. ( iv ) Notwithstanding any other provision of this part, if a rate-of-return local exchange carrier is engaged in Access Stimulation, or a group of affiliated carriers in which at least one carrier is engaging in Access Stimulation, as defined in § 61.3(bbb) of this chapter , it shall: ( A ) Within 45 days of commencing Access Stimulation, or within 45 days of November 27, 2019, whichever is later, file tariff revisions removing from its tariff terminating switched access tandem switching and terminating switched access tandem transport access charges assessable to an Interexchange Carrier for any traffic between the tandem and the local exchange carrier's terminating end office or equivalent; and ( B ) Within 45 days of commencing Access Stimulation, or within 45 days of November 27, 2019, whichever is later, the local exchange carrier shall not file a tariffed rate for terminating switched access tandem switching or terminating switched access tandem transport access charges that is assessable to an Interexchange Carrier for any traffic between the tandem and the local exchange carrier's terminating end office or equivalent. ( f ) ( 1 ) A tariff for access service provided by a telephone company that is required to file an access tariff pursuant to § 61.38 of this Chapter shall be filed for a biennial period and with a scheduled effective date of July 1 of any even numbered year. ( 2 ) A tariff for access service provided by a telephone company that may file an access tariff pursuant to § 61.39 of this Chapter shall be filed for a biennial period and with a scheduled effective date of July 1 of any odd numbered year. Any such telephone company that does not elect to file an access tariff pursuant to the § 61.39 procedures, and does not participate in the Association tariff, and does not elect to become subject to price cap regulation, must file an access tariff pursuant to § 61.38 for a biennial period and with a scheduled effective date of July 1 of any even numbered year. ( 3 ) For purposes of computing charges for access elements other than Common Line elements to be effective on July 1 of any even-numbered year, the association may compute rate changes based upon statistical methods which represent a reasonable equivalent to the cost support information otherwise required under part 61 of this chapter . ( g ) The following rules apply to telephone company participation in the Association common line pool for telephone companies involved in a merger or acquisition. ( 1 ) Notwithstanding the requirements of § 69.3(e)(9) , any Association common line tariff participant that is party to a merger or acquisition may continue to participate in the Association common line tariff. ( 2 ) Notwithstanding the requirements of § 69.3(e)(9) , any Association common line tariff participant that is party to a merger or acquisition may include other telephone properties involved in the transaction in the Association common line tariff, provided that the net addition of common lines to the Association common line tariff resulting from the transaction in not greater than 50,000, and provided further that, if any common lines involved in a merger or acquisition are returned to the Association common line tariff, all of the common lines involved in the merger or acquisition must be returned to the Association common line tariff. ( 3 ) Telephone companies involved in mergers or acquisitions that wish to have more than 50,000 common lines reenter the Association common line pool must request a waiver of § 69.3(e)(9) . If the telephone company has met all other legal obligations, the waiver request will be deemed granted on the sixty-first (61st) day from the date of public notice inviting comment on the requested waiver unless: ( i ) The merger or acquisition involves one or more partial study areas; ( ii ) The waiver includes a request for confidentiality of some or all of the materials supporting the request; ( iii ) The waiver includes a request to return only a portion of the telephone properties involved in the transaction to the Association common line tariff; ( iv ) The Commission rejects the waiver request prior to the expiration of the sixty-day period; ( v ) The Commission requests additional time or information to process the waiver application prior to the expiration of the sixty-day period; or ( vi ) A party, in a timely manner, opposes a waiver request or seeks conditional approval of the waiver in response to our public notice of the waiver request. ( h ) Local exchange carriers subject to price cap regulation as that term is defined in § 61.3(ee) of this chapter , shall file with this Commission a price cap tariff for access service for an annual period. Such tariffs shall be filed to meet the notice requirements of § 61.58 of this chapter , with a scheduled effective date of July 1. Such tariff filings shall be limited to changes in the Price Cap Indexes, rate level changes (with corresponding adjustments to the affected Actual Price Indexes and Service Band Indexes), and the incorporation of new services into the affected indexes as required by § 61.49 of this chapter . ( i ) The following rules apply to the withdrawal from Association tariffs under the provision of paragraph (e)(6) or (e)(9) of this section or both by telephone companies electing to file price cap tariffs pursuant to paragraph (h) of this section. ( 1 ) In addition to the withdrawal provisions of paragraphs (e)(6) and (e)(9) of this section, a telephone company or group of affiliated companies that participates in one or more association tariffs during the current tariff year and that elects to file price cap tariffs or optional incentive regulation tariffs effective July 1 of the following tariff year shall notify the association by March 1 of the following tariff year that it is withdrawing from association tariffs, subject to the terms of this section, to participate in price cap regulation or optional incentive regulation. ( 2 ) The Association shall maintain records of such withdrawals sufficient to discharge its obligations under these Rules and to detect efforts by such companies or their affiliates to rejoin any Association tariffs in violation of the provisions of paragraph (i)(4) of this section. ( 3 ) Notwithstanding the provisions of paragraphs (e) (3) , (6) , and (9) of this section, in the event a telephone company withdraws from all Association tariffs for the purpose of filing price cap tariffs or optional incentive plan tariffs, such company shall exclude from such withdrawal all “average schedule” affiliates and all affiliates so excluded shall be specified in the withdrawal. However, such company may include one or more “average schedule” affiliates in price cap regulation or optional incentive plan regulation provided that each price cap or optional incentive plan affiliate relinquishes “average schedule” status and withdraws from all Association tariffs and any tariff filed pursuant to § 61.39(b)(2) of this chapter . See generally §§ 69.605(c) , 61.39(b) of this chapter ; MTS and WATS Market Structure: Average Schedule Companies, Report and Order, 103 FCC 2d 1026-1027 (1986). ( 4 ) If a telephone company elects to withdraw from Association tariffs and thereafter becomes subject to price cap regulation as that term is defined in § 61.3(v) of this chapter , neither such telephone company nor any of its withdrawing affiliates shall thereafter be permitted to participate in any Association tariffs. ( j ) [Reserved] [ 48 FR 10358 , Mar. 11, 1983] Editorial Note Editorial Note: For Federal Register citations affecting § 69.3 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 69.4 Charges to be filed. ( a ) The end user charges for access service filed with this Commission shall include charges for the End User Common Line element, and for line port costs in excess of basic, analog service. ( b ) Except as provided in paragraphs (c) , (e) , and (h) of this section, and in § 69.118 , the carrier's carrier charges for access service filed with this Commission shall include charges for each of the following elements: ( 1 ) [Reserved] ( 2 ) Carrier common line, provided that after June 30, 2003, non-price cap local exchange carriers may not assess a carrier common line charge; ( 3 ) Local switching; ( 4 ) Information; ( 5 ) Tandem-switched transport; ( 6 ) Direct-trunked transport; ( 7 ) Special access; and ( 8 ) Line information database; ( 9 ) Entrance facilities. ( c ) [Reserved] ( d ) Recovery of Contributions to the Universal Service Support Mechanisms by Incumbent Local Exchange Carriers. ( 1 ) [Reserved] ( 2 ) ( i ) Local exchange carriers may recover their contributions to the universal service support mechanisms only through explicit, interstate, end-user charges assessed pursuant to either § 69.131 or § 69.158 that are equitable and nondiscriminatory. ( ii ) Local exchange carriers may not recover any of their contributions to the universal service support mechanisms through access charges imposed on interexchange carriers. ( e ) The carrier's carrier charges for access service filed with this Commission by the telephone companies specified in § 64.1401(a) of this chapter shall include an element for connection charges for expanded interconnection. The carrier's carrier charges for access service filed with this Commission by the telephone companies not specified in § 64.1401(a) of this chapter may include an element for connection charges for expanded interconnection. ( f ) [Reserved] ( g ) Local exchange carriers may establish appropriate rate elements for a new service, within the meaning of § 61.3(x) of this chapter , in any tariff filing. ( h ) In addition to the charges specified in paragraph (b) of this section, the carrier's carrier charges for access service filed with this Commission by price cap local exchange carriers shall include charges for each of the following elements: ( 1 ) Presubscribed interexchange carrier; ( 2 ) Per-minute residual interconnection; ( 3 ) Dedicated local switching trunk port; ( 4 ) Shared local switching trunk pork; ( 5 ) Dedicated tandem switching trunk port; ( 6 ) [Reserved] ( 7 ) Multiplexers associated with tandem switching. ( i ) Paragraphs (b) and (h) of this section are not applicable to a price cap local exchange carrier to the extent that it has been granted the pricing flexibility in § 69.727(b)(1) . ( j ) In addition to the charges specified in paragraph (b) of this section, the carrier's carrier charges for access service filed with this Commission by non-price cap local exchange carriers may include charges for each of the following elements: ( 1 ) Dedicated local switching trunk port; ( 2 ) Shared local switching trunk port; ( 3 ) Dedicated tandem switching trunk port; ( 4 ) Multiplexers associated with tandem switching; ( 5 ) DS1/voice grade multiplexers associated with analog switches; and ( 6 ) Per-message call setup. ( k ) A non-price cap incumbent local exchange carrier may include a charge for the Consumer Broadband-Only Loop. ( l ) Notwithstanding paragraph (b)(5) of this section, a competitive local exchange carrier or a rate-of-return local exchange carrier engaged in Access Stimulation, as defined in § 61.3(bbb) of this chapter , the Intermediate Access Provider it subtends, or an Intermediate Access Provider that delivers traffic directly or indirectly to an IPES Provider engaged in Access Stimulation, as defined in § 61.3(bbb) of this chapter , shall not bill an Interexchange Carrier, as defined in § 61.3(bbb) of this chapter , for interstate or intrastate terminating switched access tandem switching or terminating switched access tandem transport charges for any traffic between such competitive local exchange carrier's, such rate-of-return local exchange carrier's, or such IPES Provider's terminating end office or equivalent and the associated access tandem switch. [ 48 FR 43017 , Sept. 21, 1983] Editorial Note Editorial Note: For Federal Register citations affecting § 69.4 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 69.5 Persons to be assessed. ( a ) End user charges shall be computed and assessed upon public end users, and upon providers of public telephones, as defined in this subpart, and as provided in subpart B of this part . ( b ) Carrier's carrier charges shall be computed and assessed upon all Interexchange Carriers that use local exchange switching facilities for the provision of interstate or foreign telecommunications services, except that: ( 1 ) Competitive local exchange carriers and rate-of-return local exchange carriers shall not assess terminating interstate or intrastate switched access tandem switching or terminating switched access tandem transport charges described in § 69.4(b)(5) on Interexchange Carriers when the terminating traffic is destined for a competitive local exchange carrier, or a rate-of-return local exchange carrier, or is destined, directly or indirectly, for an IPES Provider, where such carrier or Provider is engaged in Access Stimulation, as that term is defined in § 61.3(bbb) of this chapter , consistent with the provisions of § 61.26(g)(3) of this chapter and § 69.3(e)(12)(iv) . ( 2 ) Intermediate Access Providers shall not assess terminating interstate or intrastate switched access tandem switching or terminating switched access tandem transport charges described in § 69.4(b)(5) on Interexchange Carriers when the terminating traffic is destined for a competitive local exchange carrier, or a rate-of-return local exchange carrier, or is destined, directly or indirectly, for an IPES Provider, where such carrier or Provider is engaged in Access Stimulation, as that term is defined in § 61.3(bbb) of this chapter , consistent with the provisions of § 61.26(g)(3) of this chapter and § 69.3(e)(12)(iv) . ( c ) Special access surcharges shall be assessed upon users of exchange facilities that interconnect these facilities with means of interstate or foreign telecommunications to the extent that carrier's carrier charges are not assessed upon such interconnected usage. As an interim measure pending the development of techniques accurately to measure such interconnected use and to assess such charges on a reasonable and non-discriminatory basis, telephone companies shall assess special access surcharges upon the closed ends of private line services and WATS services pursuant to the provisions of § 69.115 of this part . ( d ) [Reserved] [ 48 FR 43017 , Sept. 21, 1983, as amended at 51 FR 10840 , Mar. 31, 1986; 51 FR 33752 , Sept. 23, 1986; 52 FR 21540 , June 8, 1987; 54 FR 50624 , Dec. 8, 1989; 61 FR 65364 , Dec. 12, 1996; 64 FR 60359 , Nov. 5, 1999; 84 FR 57652 , Oct. 28, 2019; 88 FR 35764 , June 1, 2023] Subpart B—Computation of Charges § 69.101 General. Except as provided in § 69.1 and subpart C of this part , charges for each access element shall be computed and assessed as provided in this subpart. [ 55 FR 42386 , Oct. 19, 1990] § 69.104 End user common line for non-price cap incumbent local exchange carriers. ( a ) This section is applicable only to incumbent local exchange carriers that are not subject to price cap regulation as that term is defined in § 61.3(ee) of this chapter . A charge that is expressed in dollars and cents per line per month shall be assessed upon end users that subscribe to local exchange telephone service or Centrex service to the extent they do not pay carrier common line charges. A charge that is expressed in dollars and cents per line per month shall be assessed upon providers of public telephones. Such charges shall be assessed for each line between the premises of an end user, or public telephone location, and a Class 5 office that is or may be used for local exchange service transmissions. ( b ) Charges to multi-line subscribers shall be computed by multiplying a single line rate by the number of lines used by such subscriber. ( c ) Until December 31, 2001, except as provided in paragraphs (d) through (h) of this section, the single-line rate or charge shall be computed by dividing one-twelfth of the projected annual revenue requirement for the End User Common Line element by the projected average number of local exchange service subscriber lines in use during such annual period. ( d ) ( 1 ) Until December 31, 2001, if the monthly charge computed in accordance with paragraph (c) of this section exceeds $6, the charge for each local exchange service subscriber line, except a residential line, a single-line business line, or a line used for Centrex-CO service that was in place or on order as of July 27, 1983, shall be $6. ( 2 ) Until December 31, 2001, the charge for each subscriber line associated with a public telephone shall be equal to the monthly charge computed in accordance with paragraph (d)(1) of this section. ( e ) Until December 31, 2001, the monthly charge for each residential and single-line business local exchange service subscriber shall be the charge computed in accordance with paragraph (c) of this section, or $3.50, whichever is lower. ( f ) Except as provided in § 54.403 of this chapter , the charge for each residential local exchange service subscriber line shall be the same as the charge for each single-line business local exchange service subscriber line. ( g ) A line shall be deemed to be a residential line if the subscriber pays a rate for such line that is described as a residential rate in the local exchange service tariff. ( h ) A line shall be deemed to be a single line business line if the subscriber pays a rate that is not described as a residential rate in the local exchange service tariff and does not obtain more than one such line from a particular telephone company. ( i ) The End User Common Line charge for each multi-party subscriber shall be assessed as if such subscriber had subscribed to single-party service. ( j ) - ( l ) [Reserved] ( m ) No charge shall be assessed for any WATS access line. ( n ) ( 1 ) Except as provided in paragraphs (r) and (s) of this section, the maximum monthly charge for each residential or single-line business local exchange service subscriber line shall be the lesser of: ( i ) One-twelfth of the projected annual revenue requirement for the End User Common Line element divided by the projected average number of local exchange service subscriber lines in use during such annual period; or ( ii ) $6.50. ( 2 ) In the event that GDP-PI exceeds 6.5% or is less than 0%, the maximum monthly charge in paragraph (n)(1)(ii) of this section will be adjusted in the same manner as the adjustment in § 69.152(d)(2) . ( o ) ( 1 ) Except as provided in paragraphs (r) and (s) of this section, the maximum monthly End User Common Line Charge for multi-line business lines will be the lesser of: ( i ) $9.20; or ( ii ) One-twelfth of the projected annual revenue requirement for the End User Common Line element divided by the projected average number of local exchange service subscriber lines in use during such annual period; ( 2 ) In the event that GDP-PI is greater than 6.5% or is less than 0%, the maximum monthly charge in paragraph (o)(1)(i) of this section will be adjusted in the same manner as the adjustment in § 69.152(k)(2) . ( p ) Beginning January 1, 2002, non-price cap local exchange carriers shall assess: ( 1 ) No more than one End User Common Line charge as calculated under the applicable method under paragraph (n) of this section for Basic Rate Interface integrated services digital network (ISDN) service. ( 2 ) No more than five End User Common Line charges as calculated under paragraph (o) of this section for Primary Rate Interface ISDN service. ( q ) In the event a non-price cap local exchange carrier charges less than the maximum End User Common Line charge for any subscriber lines, the carrier may not recover the difference between the amount collected and the maximum from carrier common line charges, Interstate Common Line Support, or Long Term Support. ( r ) End User Common Line charge deaveraging. Beginning on January 1, 2002, non-price cap local exchange carriers may geographically deaverage End User Common Line charges subject to the following conditions. ( 1 ) In order for a non-price cap local exchange carrier to be allowed to deaverage End User Common Line charges within a study area, the non-price cap local exchange carrier must have: ( i ) State commission-approved geographically deaveraged rates for UNE loops within that study area; or ( ii ) A universal service support disaggregation plan established pursuant to § 54.315 of this chapter . ( 2 ) All geographic deaveraging of End User Common Line charges by customer class within a study area must be according to the state commission-approved UNE loop zone, or the universal service support disaggregation plan established pursuant to § 54.315 of this chapter . ( 3 ) Within a given zone, Multi-line Business End User Common Line rates cannot fall below Residential and Single-Line Business rates. ( 4 ) For any given class of customer in any given zone, the End User Common Line Charge in that zone must be greater than or equal to the End User Common Line charge in the zone with the next lower cost per line. ( 5 ) A non-price cap local exchange carrier shall not receive more through deaveraged End User Common Line charges than it would have received if it had not deaveraged its End User Common Line charges. ( 6 ) Maximum charge. The maximum zone deaveraged End User Common Line Charge that may be charged in any zone is the applicable cap specified in paragraphs (n) or (o) of this section. ( 7 ) Voluntary Reductions. A “Voluntary Reduction” is one in which the non-price cap local exchange carrier charges End User Common Line rates below the maximum charges specified in paragraphs (n)(1) or (o)(1) of this section other than through offset of net increases in End User Common Line charge revenues or through increases in other zone deaveraged End User Common Line charges. ( s ) End User Common Line Charges for incumbent local exchange carriers not subject to price cap regulation that elect model-based support pursuant to § 54.311 of this chapter or Alaska Plan support pursuant to § 54.306 of this chapter are limited as follows: ( 1 ) The maximum charge a non-price cap local exchange carrier that elects model-based support pursuant to § 54.311 of this chapter or Alaska Plan support pursuant to § 54.306 of this chapter may assess for each residential or single-line business local exchange service subscriber line is the rate in effect on the last day of the month preceding the month for which model-based support or Alaska Plan support, as applicable, is first provided. ( 2 ) The maximum charge a non-price cap local exchange carrier that elects model-based support pursuant to § 54.311 of this chapter or Alaska Plan support pursuant to § 54.306 of this chapter may assess for each multi-line business local exchange service subscriber line is the rate in effect on the last day of the month preceding the month for which model-based support or Alaska Plan support, as applicable, is first provided. [ 48 FR 10358 , Mar. 11, 1983, as amended at 48 FR 43018 , Sept. 21, 1983; 52 FR 21540 , June 8, 1987; 53 FR 28395 , July 28, 1988; 61 FR 65364 , Dec. 12, 1996; 62 FR 31933 , June 11, 1997; 62 FR 32962 , June 17, 1997; 66 FR 59730 , Nov. 30, 2001; 81 FR 24345 , Apr. 25, 2016; 81 FR 69716 , Oct. 7, 2016] § 69.105 Carrier common line for non-price cap local exchange carriers. ( a ) This section is applicable only to local exchange carriers that are not subject to price cap regulation as that term is defined in § 61.3(ee) of this chapter . Until June 30, 2003, a charge that is expressed in dollars and cents per line per access minute of use shall be assessed upon all interexchange carriers that use local exchange common line facilities for the provision of interstate or foreign telecommunications services, except that the charge shall not be assessed upon interexchange carriers to the extent they resell MTS or MTS-type services of other common carriers (OCCs). ( b ) ( 1 ) For purposes of this section and § 69.113 : ( i ) A carrier or other person shall be deemed to receive premium access if access is provided through a local exchange switch that has the capability to provide access for an MTS-WATS equivalent service that is substantially equivalent to the access provided for MTS or WATS, except that access provided for an MTS-WATS equivalent service that does not use such capability shall not be deemed to be premium access until six months after the carrier that provides such MTS-WATS equivalent service receives actual notice that such equivalent access is or will be available at such switch; ( ii ) The term open end of a call describes the origination or termination of a call that utilizes exchange carrier common line plant (a call can have no, one, or two open ends); and ( iii ) All open end minutes on calls with one open end (e.g., an 800 or FX call) shall be treated as terminating minutes. ( 2 ) For association Carrier Common Line tariff participants: ( i ) The premium originating Carrier Common Line charge shall be one cent per minute, except as described in § 69.105(b)(3) , and ( ii ) The premium terminating Carrier Common Line charge shall be computed as follows: ( A ) For each telephone company subject to price cap regulation, multiply the company's proposed premium originating rate by a number equal to the sum of the premium originating base period minutes and a number equal to 0.45 multiplied by the non-premium originating base period minutes of that telephone company; ( B ) For each telephone company subject to price cap regulation, multiply the company's proposed premium terminating rate by a number equal to the sum of the premium terminating base period minutes and a number equal to 0.45 multiplied by the non-premium terminating base period minutes of that telephone company; ( C ) Sum the numbers computed in paragraphs (b)(2)(ii) (A) and (B) of this section for all companies subject to price cap regulation; ( D ) From the number computed in paragraph (b)(2)(ii)(C) of this section, subtract a number equal to one cent times the sum of the premium originating base period minutes and a number equal to 0.45 multiplied by the non-premium originating base period minutes of all telephone companies subject to price cap regulation, and; ( E ) Divide the number computed in paragraph (b)(2)(ii)(D) of this section by the sum of the premium terminating base period minutes and a number equal to 0.45 multiplied by the non-premium terminating base period minutes of all telephone companies subject to price cap regulation. ( 3 ) If the calculations described in § 69.105(b)(2) result in a per minute charge on premium terminating minutes that is less than once cent, both the originating and terminating premium charges for the association CCL tariff participants shall be computed by dividing the number computed in paragraph (b)(2)(ii)(C) of this section by a number equal to the sum of the premium originating and terminating base period minutes and a number equal to 0.45 multiplied by the sum of the non-premium originating and terminating base period minutes of all telephone companies subject to price cap regulation. ( 4 ) The Carrier Common Line charges of telephone companies that are not association Carrier Common Line tariff participants shall be computed at the level of Carrier Common Line access element aggregation selected by such telephone companies pursuant to § 69.3(e)(7) . For each such Carrier Common Line access element tariff— ( i ) The premium originating Carrier Common Line charge shall be one cent per minute, and ( ii ) The premium terminating Carrier Common Line charge shall be computed by subtracting the projected revenues generated by the originating Carrier Common Line charges (both premium and non-premium) from the Carrier Common Line revenue requirement for the companies participating in that tariff, and dividing the remainder by the sum of the projected premium terminating minutes and a number equal to .45 multiplied by the projected non-premium terminating minutes for such companies. ( 5 ) If the calculations described in § 69.105(b)(4) result in a per minute charge on premium terminating minutes that is less than one cent, both the originating and terminating premium charges for the companies participating in said Carrier Common Line tariff shall be computed by dividing the projected Carrier Common Line revenue requirement for such companies by the sum of the projected premium minutes and a number equal to .45 multiplied by the projected non-premium minutes for such companies. ( 6 ) Telephone companies that are not association Carrier Common Line tariff participants shall submit to the Commission and to the association whatever data the Commission shall determine are necessary to calculate the charges described in this section. ( c ) Any interexchange carrier shall receive a credit for Carrier Common Line charges to the extent that it resells services for which these charges have already been assessed (e.g., MTS or MTS-type service of other common carriers). ( d ) From July 1, 2002, to June 30, 2003, the carrier common line charge calculations pursuant to this section shall be limited to an amount equal to the number of projected residential and single-line business lines multiplied by the difference between the residential and single-line business End User Common Line rate cap and the lesser of $6.50 or the non-price cap local exchange carrier's average cost per line. [ 51 FR 10841 , Mar. 31, 1986, as amended at 52 FR 21541 , June 8, 1987; 54 FR 6293 , Feb. 9, 1989; 55 FR 42386 , Oct. 19, 1990; 56 FR 21618 , May 10, 1991; 62 FR 31933 , June 11, 1997; 66 FR 59731 , Nov. 30, 2001] § 69.106 Local switching. ( a ) Except as provided in § 69.118 , charges that are expressed in dollars and cents per access minute of use shall be assessed by local exchange carriers that are not subject to price cap regulation upon all interexchange carriers that use local exchange switching facilities for the provision of interstate or foreign services. ( b ) The per minute charge described in paragraph (a) of this section shall be computed by dividing the projected annual revenue requirement for the Local Switching element, excluding any local switching support received by the carrier pursuant to § 54.301 of this chapter , by the projected annual access minutes of use for all interstate or foreign services that use local exchange switching facilities. ( c ) If end users of an interstate or foreign service that uses local switching facilities pay message unit charges for such calls in a particular exchange, a credit shall be deducted from the Local Switching element charges to such carrier for access service in such exchange. The per minute credit for each such exchange shall be multiplied by the monthly access minutes for such service to compute the monthly credit to such a carrier. ( d ) If all local exchange subscribers in such exchange pay message unit charges, the per minute credit described in paragraph (c) of this section shall be computed by dividing total message unit charges to all subscribers in a particular exchange in a representative month by the total minutes of use that were measured for purposes of computing message unit charges in such month. ( e ) If some local exchange subscribers pay message unit charges and some do not, a per minute credit described in paragraph (c) of this section shall be computed by multiplying a credit computed pursuant to paragraph (d) of this section by a factor that is equal to total minutes measured in such month for purposes of computing message unit charges divided by the total local exchange minutes in such month. ( f ) Except as provided in § 69.118 , price cap local exchange carriers shall establish rate elements for local switching as follows: ( 1 ) Price cap local exchange carriers shall separate from the projected annual revenues for the Local Switching element those costs projected to be incurred for ports (including cards and DS1/voice-grade multiplexers required to access end offices equipped with analog switches) on the trunk side of the local switch. Price cap local exchange carriers shall further identify costs incurred for dedicated trunk ports separately from costs incurred for shared trunk ports. ( i ) Price cap local exchange carriers shall recover dedicated trunk port costs identified pursuant to paragraph (f)(1) of this section through flat-rated charges expressed in dollars and cents per trunk port and assessed upon the purchaser of the dedicated trunk terminating at the port. ( ii ) Price cap local exchange carriers shall recover shared trunk port costs identified pursuant to paragraph (f)(1) of this section through charges assessed upon purchasers of shared transport. This charge shall be expressed in dollars and cents per access minute of use. The charge shall be computed by dividing the projected costs of the shared ports by the historical annual access minutes of use calculated for purposes of recovery of common transport costs in § 69.111(c) . ( 2 ) Price cap local exchange carriers shall recover the projected annual revenues for the Local Switching element that are not recovered in paragraph (f)(1) of this section through charges that are expressed in dollars and cents per access minute of use and assessed upon all interexchange carriers that use local exchange switching facilities for the provision of interstate or foreign services. The maximum charge shall be computed by dividing the projected remainder of the annual revenues for the Local Switching element by the historical annual access minutes of use for all interstate or foreign services that use local exchange switching facilities. ( g ) A local exchange carrier may recover signaling costs associated with call setup through a call setup charge imposed upon all interstate interexchange carriers that use that local exchange carrier's facilities to originate or terminate interstate interexchange or foreign services. This charge must be expressed as dollars and cents per call attempt and may be assessed on originating calls handed off to the interexchange carrier's point of presence and on terminating calls received from an interexchange carrier's point of presence, whether or not that call is completed at the called location. Local exchange carriers may not recover through this charge any costs recovered through other rate elements. ( h ) Except as provided in § 69.118 , non-price cap local exchange carriers may establish rate elements for local switching as follows: ( 1 ) Non-price cap local exchange carriers may separate from the projected annual revenue requirement for the Local Switching element those costs projected to be incurred for ports (including cards and DS1/voice-grade multiplexers required to access end offices equipped with analog switches) on the trunk side of the local switch. Non-price cap local exchange carriers electing to assess these charges shall further identify costs incurred for dedicated trunk ports separately from costs incurred for shared trunk ports. ( i ) Non-price cap local exchange carriers electing to assess trunk port charges shall recover dedicated trunk port costs identified pursuant to paragraph (h)(1) of this section through flat-rated charges expressed in dollars and cents per trunk port and assessed upon the purchaser of the dedicated trunk terminating at the port. ( ii ) Non-price cap local exchange carriers electing to assess trunk port charges shall recover shared trunk port costs identified pursuant to paragraph (h)(1) of this section through charges assessed upon purchasers of shared transport. This charge shall be expressed in dollars and cents per access minute of use. The charge shall be computed by dividing the projected costs of the shared ports by the historical annual access minutes of use calculated for purposes of recovery of common transport costs in § 69.111(c) . ( 2 ) Non-price cap local exchange carriers shall recover the projected annual revenue requirement for the Local Switching element that are not recovered in paragraph (h)(1) of this section through charges that are expressed in dollars and cents per access minute of use and assessed upon all interexchange carriers that use local exchange switching facilities for the provision of interstate or foreign services. The maximum charge shall be computed by dividing the projected remainder of the annual revenue requirement for the Local Switching element by the historical annual access minutes of use for all interstate or foreign services that use local exchange switching facilities. [ 52 FR 37310 , Oct. 6, 1987, as amended at 56 FR 33881 , July 24, 1991; 62 FR 31933 , June 11, 1997; 62 FR 40463 , July 29, 1997; 66 FR 59731 , Nov. 30, 2001] § 69.108 Transport rate benchmark. ( a ) For transport charges computed in accordance with this subpart, the DS3-to-DS1 benchmark ratio shall be calculated as follows: the telephone company shall calculate the ratio of: ( 1 ) The total charge for a 1.609 km (1 mi) channel termination, 16.09 km (10 mi) of interoffice transmission, and one DS3 multiplexer using the telephone company's DS3 special access rates to; ( 2 ) The total charge for a 1.609 km (1 mi) channel termination plus 16.09 km (10 mi) of interoffice transmission using the telephone company's DS1 special access rates. ( b ) Initial transport rates will generally be presumed reasonable if they are based on special access rates with a DS3-to-DS1 benchmark ratio of 9.6 to 1 or higher. ( c ) If a telephone company's initial transport rates are based on special access rates with a DS3-to-DS1 benchmark ratio of less than 9.6 to 1, those initial transport rates will generally be suspended and investigated absent a substantial cause showing by the telephone company. Alternatively, the telephone company may adjust its initial transport rates so that the DS3-to-DS1 ratio calculated as described in paragraph (a) of this section of those rates is 9.6 or higher. In that case, initial transport rates that depart from existing special access rates effective on September 1, 1992 so as to be consistent with the benchmark will be presumed reasonable only so long as the ratio of revenue recovered through the interconnection charge to the revenue recovered through facilities-based charges is the same as it would be if the telephone company's existing special access rates effective on September 1, 1992 were used. [ 58 FR 41189 , Aug. 3, 1993, as amended at 58 FR 44952 , Aug. 25, 1993; 58 FR 45267 , Aug. 27, 1993] § 69.109 Information. ( a ) A charge shall be assessed upon all interexchange carriers that are connected to assistance boards through interexchange directory assistance trunks. ( b ) Except as provided in § 69.118 , if such connections are maintained exclusively by carriers that offer MTS, the projected annual revenue requirement for the Information element shall be divided by 12 to compute the monthly assessment to such carriers. ( c ) If such connections are provided to additional carriers, charges shall be established that reflect the relative use of such directory assistance service by such interexchange carriers. [ 48 FR 10358 , Mar. 11, 1983, as amended at 56 FR 33881 , July 24, 1991] § 69.110 Entrance facilities. ( a ) A flat-rated entrance facilities charge expressed in dollars and cents per unit of capacity shall be assessed upon all interexchange carriers and other persons that use telephone company facilities between the interexchange carrier or other person's point of demarcation and the serving wire center. ( b ) ( 1 ) For telephone companies subject to price cap regulation, initial entrance facilities charges based on special access channel termination rates for equivalent voice grade, DS1, and DS3 services as of September 1, 1992, adjusted for changes in the price cap index calculated for the July 1, 1993 annual filing for telephone companies subject to price cap regulation, generally shall be presumed reasonable if the benchmark defined in § 69.108 is satisfied. Entrance facilities charges may be distance-sensitive. Distance shall be measured as airline kilometers between the point of demarcation and the serving wire center. ( 2 ) For telephone companies not subject to price cap regulation, entrance facilities charges based on special access channel termination rates for equivalent voice grade, DS1, and DS3 services generally shall be presumed reasonable if the benchmark defined in § 69.108 is satisfied. Entrance facilities charges may be distance-sensitive. Distance shall be measured as airline kilometers between the point of demarcation and the serving wire center. ( c ) If the telephone company employs distance-sensitive rates: ( 1 ) A distance-sensitive component shall be assessed for use of the transmission facilities, including any intermediate transmission circuit equipment between the end points of the entrance facilities; and ( 2 ) A nondistance-sensitive component shall be assessed for use of the circuit equipment at the ends of the transmission links. ( d ) Telephone companies shall apply only their shortest term special access rates in setting entrance facilities charges. ( e ) Except as provided in paragraphs (f) , (g) , and (h) of this section, and subpart H of this part , telephone companies shall not offer entrance facilities based on term discounts or volume discounts for multiple DS3s or any other service with higher volume than DS3. ( f ) Except in the situations set forth in paragraphs (g) and (h) of this section, telephone companies may offer term and volume discounts in entrance facilities charges within each study area used for the purpose of jurisdictional separations, in which interconnectors have taken either: ( 1 ) At least 100 DS1-equivalent cross-connects for the transmission of switched traffic (as described in § 69.121(a)(1) of this chapter ) in offices in the study area that the telephone company has assigned to the lowest priced density pricing zone (zone 1) under an approved density pricing zone plan as described in §§ 61.38(b)(4) and 61.49(k) of this chapter ; or ( 2 ) An average of at least 25 DS1-equivalent cross-connects for the transmission of switched traffic per office assigned to the lowest priced density pricing zone (zone 1). ( g ) In study areas in which the telephone company has implemented density zone pricing, but no offices have been assigned to the lowest price density pricing zone (zone 1), telephone companies may offer term and volume discounts in entrance facilities charges within the study area when interconnectors have taken at least 5 DS1-equivalent cross-connects for the transmission of switched traffic (as described in § 69.121(a)(1) of this chapter ) in offices in the study area. ( h ) In study areas in which the telephone company has not implemented density zone pricing, telephone companies may offer term and volume discounts in entrance facilities charges when interconnectors have taken at least 100 DS1-equivalent cross-connects for the transmission of switched traffic (as described in § 69.121(a)(1) of this chapter ) in offices in the study area. [ 57 FR 54720 , Nov. 20, 1992, as amended at 58 FR 41190 , 41191 , Aug. 3, 1993; 58 FR 44950 , Aug. 25, 1993; 58 FR 48763 , Sept. 17, 1993; 59 FR 10304 , Mar. 4, 1994; 60 FR 50121 , Sept. 28, 1995; 64 FR 51267 , Sept. 22, 1999] § 69.111 Tandem-switched transport and tandem charge. ( a ) ( 1 ) Through June 30, 1998, except as provided in paragraph (l) of this section, tandem-switched transport shall consist of two rate elements, a transmission charge and a tandem switching charge. ( 2 ) Beginning July 1, 1998, except as provided in paragraph (l) of this section, tandem-switched transport shall consist of three rate elements as follows: ( i ) A per-minute charge for transport of traffic over common transport facilities between the incumbent local exchange carrier's end office and the tandem switching office. This charge shall be expressed in dollars and cents per access minute of use and shall be assessed upon all purchasers of common transport facilities between the local exchange carrier's end office and the tandem switching office. ( ii ) A per-minute tandem switching charge. This tandem switching charge shall be set in accordance with paragraph (g) of this section, excluding multiplexer and dedicated port costs recovered in accordance with paragraph (l) of this section, and shall be assessed upon all interexchange carriers and other persons that use incumbent local exchange carrier tandem switching facilities. ( iii ) A flat-rated charge for transport of traffic over dedicated transport facilities between the serving wire center and the tandem switching office. This charge shall be assessed as a charge for dedicated transport facilities provisioned between the serving wire center and the tandem switching office in accordance with § 69.112 . ( b ) [Reserved] ( c ) ( 1 ) Until June 30, 1998: ( i ) Except in study areas where the incumbent local exchange carrier has implemented density pricing zones as described in section 69.123 , per-minute common transport charges described in paragraph (a)(1) of this section shall be presumed reasonable if the incumbent local exchange carrier bases the charges on a weighted per-minute equivalent of direct-trunked transport DS1 and DS3 rates that reflects the relative number of DS1 and DS3 circuits used in the tandem to end office links (or a surrogate based on the proportion of copper and fiber facilities in the interoffice network), calculated using the total actual voice-grade minutes of use, geographically averaged on a study-area-wide basis, that the incumbent local exchange carrier experiences based on the prior year's annual use. Tandem-switched transport transmission charges that are not presumed reasonable shall be suspended and investigated absent a substantial cause showing by the incumbent local exchange carrier. ( ii ) In study areas where the incumbent local exchange carrier has implemented density pricing zones as described in section 69.123 , per-minute common transport charges described in paragraph (a)(1) of this section shall be presumed reasonable if the incumbent local exchange carrier bases the charges on a weighted per-minute equivalent of direct-trunked transport DS1 and DS3 rates that reflects the relative number of DS1 and DS3 circuits used in the tandem to end office links (or a surrogate based on the proportion of copper and fiber facilities in the interoffice network), calculated using the total actual voice-grade minutes of use, averaged on a zone-wide basis, that the incumbent local exchange carrier experiences based on the prior year's annual use. Tandem-switched transport transmission charges that are not presumed reasonable shall be suspended and investigated absent a substantial cause showing by the incumbent local exchange carrier. ( 2 ) Beginning July 1, 1998: ( i ) Except in study areas where the incumbent local exchange carrier has implemented density pricing zones as described in section 69.123 , per-minute common transport charges described in paragraph (a)(2)(i) of this section shall be presumed reasonable if the incumbent local exchange carrier bases the charges on a weighted per-minute equivalent of direct-trunked transport DS1 and DS3 rates that reflects the relative number of DS1 and DS3 circuits used in the tandem to end office links (or a surrogate based on the proportion of copper and fiber facilities in the interoffice network), calculated using the total actual voice-grade minutes of use, geographically averaged on a study-area-wide basis, that the incumbent local exchange carrier experiences based on the prior year's annual use. Tandem-switched transport transmission charges that are not presumed reasonable shall be suspended and investigated absent a substantial cause showing by the incumbent local exchange carrier. ( ii ) In study areas where the incumbent local exchange carrier has implemented density pricing zones as described in section 69.123 , per-minute common transport charges described in paragraph (a)(2)(i) of this section shall be presumed reasonable if the incumbent local exchange carrier bases the charges on a weighted per-minute equivalent of direct-trunked transport DS1 and DS3 rates that reflects the relative number of DS1 and DS3 circuits used in the tandem to end office links (or a surrogate based on the proportion of copper and fiber facilities in the interoffice network), calculated using the total actual voice-grade minutes of use, averaged on a zone-wide basis, that the incumbent local exchange carrier experiences based on the prior year's annual use. Tandem-switched transport transmission charges that are not presumed reasonable shall be suspended and investigated absent a substantial cause showing by the incumbent local exchange carrier. ( d ) ( 1 ) Through June 30, 1998, the tandem-switched transport transmission charges may be distance-sensitive. Distance shall be measured as airline distance between the serving wire center and the end office, unless the customer has ordered tandem-switched transport between the tandem office and the end office, in which case distance shall be measured as airline distance between the tandem office and the end office. ( 2 ) Beginning July 1, 1998, the per-minute charge for transport of traffic over common transport facilities described in paragraph (a)(2)(i) of this section may be distance-sensitive. Distance shall be measured as airline distance between the tandem switching office and the end office. ( e ) ( 1 ) Through June 30, 1998, if the telephone company employs distance-sensitive rates: ( i ) A distance-sensitive component shall be assessed for use of the transmission facilities, including intermediate transmission circuit equipment between the end points of the interoffice circuit; and ( ii ) A non-distance-sensitive component shall be assessed for use of the circuit equipment at the ends of the interoffice transmission links. ( 2 ) Beginning July 1, 1998, if the telephone company employs distance-sensitive rates for transport of traffic over common transport facilities, as described in paragraph (a)(2)(i) of this section: ( i ) A distance-sensitive component shall be assessed for use of the common transport facilities, including intermediate transmission circuit equipment between the end office and tandem switching office; and ( ii ) A non-distance-sensitive component shall be assessed for use of the circuit equipment at the ends of the interoffice transmission links. ( f ) [Reserved] ( g ) ( 1 ) The tandem switching charge imposed pursuant to paragraphs (a)(1) or (a)(2)(ii) of this section, as applicable, shall be set to recover twenty percent of the annual part 69 interstate tandem revenue requirement plus one third of the portion of the tandem switching revenue requirement being recovered through the interconnection charge recovered by §§ 69.124 , 69.153 , and 69.155 , excluding multiplexer and dedicated port costs recovered in accordance with paragraph (l) of this section. ( 2 ) Beginning January 1, 1999, the tandem switching charge imposed pursuant to paragraph (a)(2)(ii) of this section shall be set to recover the amount prescribed in paragraph (g)(1) of this section plus one half of the remaining portion of the tandem switching revenue requirement then being recovered through the interconnection charge recovered by §§ 69.124 , 69.153 , and 69.155 , excluding multiplexer and dedicated port costs recovered in accordance with paragraph (l) of this section. ( 3 ) Beginning January 1, 2000, the tandem switching charge imposed pursuant to paragraph (a)(2)(ii) of this section shall be set to recover the entire interstate tandem switching revenue requirement, including that portion formerly recovered through the interconnection charge recovered in §§ 69.124 , 69.153 , and 69.155 , and excluding multiplexer and dedicated port costs recovered in accordance with paragraph (l) of this section. ( 4 ) A local exchange carrier that is subject to price cap regulation as that term is defined in § 61.3(x) of this chapter shall calculate its tandem switching revenue requirement as used in this paragraph by dividing the tandem switching revenue requirement that was included in the original interconnection charge by the original interconnection charge, and then multiplying this result by the annual revenues recovered through the interconnection charge, described in § 69.124 , as of June 30, 1997. A local exchange carrier that is subject to price cap regulation as that term is defined in § 61.3(x) of this chapter shall then make downward exogenous adjustments to the service band index for the interconnection charge service category (defined in § 61.42(e)(2)(vi) of this chapter ) and corresponding upward adjustments to the service band index for the tandem-switched transport service category (defined in § 61.42(e)(2)(v) of this chapter ) at the times and in the amounts prescribed in paragraphs (g)(1) through (g)(3) of this section . ( h ) All telephone companies shall provide tandem-switched transport service. ( i ) Except in the situations set forth in paragraphs (j) and (k) of this section, telephone companies may offer term and volume discounts in tandem-switched transport charges within each study area used for the purpose of jurisdictional separations, in which interconnectors have taken either: ( 1 ) At least 100 DS1-equivalent cross-connects for the transmission of switched traffic (as described in § 69.121(a)(1) of this chapter ) in offices in the study area that the telephone company has assigned to the lowest priced density pricing zone (zone 1) under an approved density pricing zone plan as described in §§ 61.38(b)(4) and 61.49(k) of this chapter ; or ( 2 ) An average of at least 25 DS1-equivalent cross-connects for the transmission of switched traffic per office assigned to the lowest priced density pricing zone (zone 1). ( j ) In study areas in which the telephone company has implemented density zone pricing, but no offices have been assigned to the lowest priced density pricing zone (zone 1), telephone companies may offer term and volume discounts in tandem-switched transport charges within the study area when interconnectors have taken at least 5 DS1-equivalent cross-connects for the transmission of switched traffic (as described in § 69.121(a)(1) of this chapter ) in offices in the study area. ( k ) In study areas in which the telephone company has not implemented density zone pricing, telephone companies may offer term and volume discounts in tandem-switched transport charges when interconnectors have taken at least 100 DS1-equivalent cross-connects for the transmission of switched traffic (as described in § 69.121(a)(1) of this chapter ) in offices in the study area. ( l ) In addition to the charges described in this section, price cap local exchange carriers shall establish separate charges for multiplexers and dedicated trunk ports used in conjunction with the tandem switch as follows: ( 1 ) Local exchange carriers must establish a traffic-sensitive charge for DS3/DS1 multiplexers used on the end office side of the tandem switch, assessed on purchasers of common transport to the tandem switch. This charge must be expressed in dollars and cents per access minute of use. The maximum charge shall be calculated by dividing the total costs of the multiplexers on the end office-side of the tandem switch by the annual access minutes of use calculated for purposes of recovery of common transport costs in paragraph (c) of this section. A similar charge shall be assessed for DS1/voice-grade multiplexing provided on the end-office side of analog tandem switches. ( 2 ) ( i ) Local exchange carriers must establish a flat-rated charge for dedicated DS3/DS1 multiplexing on the serving wire center side of the tandem switch provided in conjunction with dedicated DS3 transport service from the serving wire center to the tandem switch. This charge shall be assessed on interexchange carriers purchasing tandem-switched transport in proportion to the number of DS3 trunks provisioned for that interexchange carrier between the serving wire center and the tandem-switch. ( ii ) Local exchange carriers must establish a flat-rated charge for dedicated DS1/voice-grade multiplexing provided on the serving wire center side of analog tandem switches. This charge may be assessed on interexchange carriers purchasing tandem-switched transport in proportion to the interexchange carrier's transport capacity on the serving wire center side of the tandem. ( 3 ) Price cap local exchange carriers may recover the costs of dedicated trunk ports on the serving wire center side of the tandem switch only through flat-rated charges expressed in dollars and cents per trunk port and assessed upon the purchaser of the dedicated trunk terminating at the port. ( m ) In addition to the charges described in this section, non-price cap local exchange carriers may establish separate charges for multiplexers and dedicated trunk ports used in conjunction with the tandem switch as follows: ( 1 ) ( i ) Non-price cap local exchange carriers may establish a flat-rated charge for dedicated DS3/DS1 multiplexing on the serving wire center side of the tandem switch provided in conjunction with dedicated DS3 transport service from the serving wire center to the tandem switch. This charge shall be assessed on interexchange carriers purchasing tandem-switched transport in proportion to the number of DS3 trunks provisioned for that interexchange carrier between the serving wire center and the tandem switch. ( ii ) Non-price cap local exchange carriers may establish a flat-rated charge for dedicated DS1/voice-grade multiplexing provided on the serving wire center side of analog tandem switches. This charge may be assessed on interexchange carriers purchasing tandem-switched transport in proportion to the interexchange carrier's transport capacity on the serving wire center side of the tandem. ( 2 ) Non-price cap local exchange carriers may recover the costs of dedicated trunk ports on the serving wire center side of the tandem switch through flat-rated charges expressed in dollars and cents per trunk port and assessed upon the purchaser of the dedicated trunk terminating at the port. [ 57 FR 54720 , Nov. 20, 1992, as amended at 58 FR 41190 , Aug. 3, 1993; 58 FR 48764 , Sept. 17, 1993; 60 FR 50121 , Sept. 28, 1995; 62 FR 31933 , June 11, 1997; 62 FR 40463 , July 29, 1997; 62 FR 56132 , Oct. 29, 1997; 64 FR 46594 , Aug. 26, 1999; 66 FR 59732 , Nov. 30, 2001] § 69.112 Direct-trunked transport. ( a ) A flat-rated direct-trunked transport charge expressed in dollars and cents per unit of capacity shall be assessed upon all interexchange carriers and other persons that use telephone company direct-trunked transport facilities. ( b ) ( 1 ) For telephone companies subject to price cap regulation, initial direct-trunked transport charges based on the interoffice charges for equivalent voice grade, DS1, and DS3 special access services as of September 1, 1992, adjusted for changes in the price cap index calculated for the July 1, 1993 annual filing for telephone companies subject to price cap regulation, generally shall be presumed reasonable if the benchmark defined in § 69.108 is satisfied. Direct-trunked transport charges may be distance-sensitive. Distance shall be measured as airline kilometers between customer-designated points. ( 2 ) For telephone companies not subject to price cap regulation, initial direct-trunked transport charges based on the interoffice charges for equivalent voice grade, DS1, and DS3 special access services generally shall be presumed reasonable if the benchmark defined in § 69.108 is satisfied. Direct-trunked transport charges may be distance-sensitive. Distance shall be measured as airline kilometers between customer-designated points. ( c ) If the telephone company employs distance-sensitive rates: ( 1 ) A distance-sensitive component shall be assessed for use of the transmission facilities, including intermediate transmission circuit equipment, between the end points of the circuit; and ( 2 ) A nondistance-sensitive component shall be assessed for use of the circuit equipment at the ends of the transmission links. ( d ) Telephone companies shall apply only their shortest term special access rates in setting direct-trunked transport rates. ( e ) Except as provided in pagagraphs (f), (g), and (h) of this section, telephone companies shall not offer direct-trunked transport rates based on term discounts or volume discounts for multiple DS3s or any other service with higher volume than DS3. ( f ) Except in the situations set forth in paragraphs (g) and (h) of this section, telephone companies may offer term and volume discounts in direct-trunked transport charges within each study area used for the purpose of jurisdictional separations, in which interconnectors have taken either: ( 1 ) At least 100 DS1-equivalent cross-connects for the transmission of switched traffic (as described in § 69.121(a)(1) ) in offices in the study area that the telephone company has assigned to the lowest priced density pricing zone (zone 1) under an approved density pricing zone plan as described in §§ 61.38(b)(4) and 61.49(k) of this section; or ( 2 ) An average of at least 25 DS1-equivalent cross-connects for the transmission of switched traffic per office assigned to the lowest priced density pricing zone (zone 1). ( g ) In study areas in which the telephone company has implemented density zone pricing, but no offices have been assigned to the lowest priced density pricing zone (zone 1), telephone companies may offer term and volume discounts in direct-trunked transport charges within the study area when interconnectors have taken at least 5 DS1-equivalent cross-connects for the transmission of switched traffic (as described in § 69.121(a)(1) of this chapter ) in offices in the study area. ( h ) In study areas in which the telephone company has not implemented density zone pricing, telephone companies may offer term and volume discounts in direct-trunked transport charges when interconnectors have taken at least 100 DS1-equivalent cross-connects for the transmission of switched traffic (as described in § 69.121(a)(1) of this chapter ) in offices in the study area. ( i ) Centralized equal access providers as described in Transport Rate Structure and Pricing, CC Docket No. 91-213, FCC 92-442, 7 FCC Rcd 7002 (1992), are not required to provide direct-trunked transport service. Telephone companies that do not have measurement and billing capabilities at their end offices are not required to provide direct-trunked transport services at those end offices without measurement and billing capabilities. Telephone companies that are not classified as Class A companies under § 32.11 of this chapter are required to provide direct-trunked transport service upon request. All other telephone companies shall provide a direct-trunked transport service. [ 57 FR 54720 , Nov. 20, 1992, as amended at 58 FR 41190 , Aug. 3, 1993; 58 FR 44950 , Aug. 25, 1993; 58 FR 48764 , Sept. 17, 1993; 60 FR 50121 , Sept. 28, 1995] § 69.113 Non-premium charges for MTS-WATS equivalent services. ( a ) Charges that are computed in accordance with this section shall be assessed upon interexchange carriers or other persons that receive access that is not deemed to be premium access as this term in defined in § 69.105(b)(1) in lieu of carrier charges that are computed in accordance with §§ 69.105 , 69.106 , 69.118 , 69.124 , and 69.127 . ( b ) The non-premium charge for the Carrier Common Line element shall be computed by multiplying the premium charge for such element by .45. ( c ) For telephone companies that are not subject to price cap regulation as that term is defined in § 61.3(x) of this chapter , the non-premium charge for the Local Switching element shall be computed by multiplying a hypothetical premium charge for such element by .45. The hypothetical premium charge for such element shall be computed by dividing the annual revenue requirement for each element by the sum of the projected access minutes for such period and a number that is computed by multiplying the projected non-premium minutes for such element for such period by .45. For telephone companies that are price cap carriers, the non-premium charge for the Local Switching element shall be computed by multiplying the premium charge for such element by .45. Though June 30, 1993, the non-premium charge shall be computed by multiplying the LS2 charge for such element by .45. ( d ) The non-premium charge or charges for the interconnection charge element shall be computed by multiplying the corresponding premium charge or charges by .45. ( e ) The non-premium charge for any BSEs in local switching shall be computed by multiplying the premium charge for the corresponding BSEs by .45. [ 54 FR 6293 , Feb. 9, 1989, as amended at 55 FR 42386 , Oct. 19, 1990; 55 FR 50559 , Dec. 7, 1990; 56 FR 33881 , July 24, 1991; 57 FR 54721 , Nov. 20, 1992; 59 FR 10304 , Mar. 4, 1994; 64 FR 46594 , Aug. 26, 1999] § 69.114 Special access. ( a ) Appropriate subelements shall be established for the use of equipment or facilities that are assigned to the Special Access element for purposes of apportioning net investment, or that are equivalent to such equipment or facilities for companies subject to price cap regulation as that term is defined in § 61.3(ff) of this chapter . ( b ) Charges for all subelements shall be designed to produce total annual revenue that is equal to the projected annual revenue requirement for the Special Access element. ( c ) Charges for an individual element shall be assessed upon all interexchange carriers that use the equipment or facilities that are included within such subelement. ( d ) Charges for individual subelements shall be designed to reflect cost differences among subelements in a manner that complies with applicable Commission rules or decisions. [ 48 FR 10358 , Mar. 11, 1983, as amended at 48 FR 43019 , Sept. 21, 1983. Redesignated at 54 FR 6293 , Feb. 9, 1989, as amended at 55 FR 42386 , Oct. 19, 1990; 64 FR 46594 , Aug. 26, 1999; 83 FR 67123 , Dec. 28, 2018] § 69.115 Special access surcharges. ( a ) Pending the development of techniques accurately to measure usage of exchange facilities that are interconnected by users with means of interstate or foreign telecommunications, a surcharge that is expressed in dollars and cents per line termination per month shall be assessed upon users that subscribe to private line services or WATS services that are not exempt from assessment pursuant to paragraph (e) of this section. ( b ) Except as provided in paragraph (f) of this section, such surcharge shall be computed to reflect a reasonable approximation of the carrier usage charges which, assuming non-premium interconnection, would have been paid for average interstate or foreign usage of common lines, end office facilities, and transport facilities, attributable to each Special Access line termination which is not exempt from assessment pursuant to paragraph (e) of this section. ( c ) If the association, carrier or carriers that file the tariff are unable to estimate such average usage for a period ending May 31, 1985, the surcharge for such period shall be twenty-five dollars ($25) per line termination per month. As of June 30, 2000, these rates will remain and be capped at the current levels until June 30, 2005. ( d ) A telephone company may propose reasonable and nondiscriminatory end user surcharges, to be filed in its federal access tariffs and to be applied to the use of exchange facilities which are interconected by users with means of interstate or foreign telecommunication which are not provided by the telephone company, and which are not exempt from assessment pursuant to paragraph (e) of this section. Telephone companies which wish to avail themselves of this option must undertake to use reasonable efforts to identify such means of interstate or foreign telecommunication, and to assess end user surcharges in a reasonable and nondiscriminatory manner. ( e ) No special access surcharges shall be assessed for any of the following terminations: ( 1 ) The open end termination in a telephone company switch of an FX line, including CCSA and CCSA-equivalent ONALs; ( 2 ) Any termination of an analog channel that is used for radio or television program transmission; ( 3 ) Any termination of a line that is used for telex service; ( 4 ) Any termination of a line that by nature of its operating characteristics could not make use of common lines; and ( 5 ) Any termination of a line that is subject to carrier usage charges pursuant to § 69.5 . ( 6 ) Any termination of a line that the customer certifies to the exchange carrier is not connected to a PBX or other device capable of interconnecting a local exchange subscriber line with the private line or WATS access line. ( f ) The maximum special access surcharge a non-price cap local exchange carrier that elects model-based support pursuant to § 54.311 of this chapter or Alaska Plan support pursuant to § 54.306 of this chapter may assess is the rate in effect on the last day of the month preceding the month for which model-based support or Alaska Plan support, as applicable, is first provided. ( 47 U.S.C. 154 (i) and (j), 201, 202, 203, 205, 218 and 403 and 5 U.S.C. 553 ) [ 48 FR 43019 , Sept. 21, 1983, as amended at 49 FR 7829 , Mar. 2, 1984; 51 FR 10841 , Mar. 31, 1986; 52 FR 8259 , Mar. 17, 1987; 65 FR 38701 , June 21, 2000; 81 FR 24345 , Apr. 25, 2016; 81 FR 69716 , Oct. 7, 2016] § 69.118 Traffic sensitive switched services. Notwithstanding §§ 69.4(b) , 69.106 , 69.109 , 69.110 , 69.111 , 69.112 , and 69.124 , telephone companies subject to the BOC ONA Order, 4 FCC Rcd 1 (1988) shall, and other telephone companies may, establish approved Basic Service Elements as provided in Amendments of part 69 of the Commission's rules relating to the Creation of Access Charge Subelements for Open Network Architecture, Report and Order, 6 FCC Rcd 4524 (1991) and 800 data base subelements, as provided in Provision of Access for 800 Service, 8 FCC Rcd ____, CC Docket 86-10, FCC 93-53 (1993). Moreover, all customers that use basic 800 database service shall be assessed a charge that is expressed in dollars and cents per query. Telephone companies shall take into account revenues from the relevant Basic Service Element or Elements and 800 Database Service Elements in computing rates for the Local Switching, Entrance Facilities, Tandem-Switched Transport, Direct-Trunked Transport, Interconnection Charge, and/or Information elements. [ 58 FR 7868 , Feb. 10, 1993] § 69.119 Basic service element expedited approval process. The rules for filing comments and reply comments on requests for expedited approval of new basic service elements are those indicated in § 1.45 of the rules, except as specified otherwise. [ 56 FR 33881 , July 24, 1991] § 69.120 Line information database. ( a ) A charge that is expressed in dollars and cents per query shall be assessed upon all carriers that access validation information from a local exchange carrier database to recover the costs of: ( 1 ) The transmission facilities between the local exchange carrier's signalling transfer point and the database; and ( 2 ) The signalling transfer point facilities dedicated to the termination of the transmission facilities connecting the database to the exchange carrier's signalling network. ( b ) A charge that is expressed in dollars and cents per query shall be assessed upon all carriers that access validation information from a local exchange carrier line information database to recover the costs of the database. [ 57 FR 24380 , June 9, 1992] § 69.121 Connection charges for expanded interconnection. ( a ) Appropriate connection charge subelements shall be established for the use of equipment and facilities that are associated with offerings of expanded interconnection for special access and switched transport services, as defined in part 64, subpart N of this chapter . To the extent that the same equipment and facilities are used to provide expanded interconnection for both special access and switched transport, the same connection charge subelements shall be used. ( 1 ) A cross-connect subelement shall be established for charges associated with the cross-connect cable and associated facilities connecting the equipment owned by or dedicated to the use of the interconnector with the telephone company's equipment and facilities used to provide interstate special or switched access services. Charges for the cross-connect subelement shall not be deaveraged within a study area that is used for purposes of jurisdictional separations. ( 2 ) Charges for subelements associated with physical collocation or virtual collocation, other than the subelement described in paragraph (a)(1) of this section and subelements recovering the cost of the virtual collocation equipment described in § 64.1401(e)(1) of this chapter , may reasonably differ in different central offices, notwithstanding § 69.3(e)(7) . ( b ) Connection charge subelements shall be computed based upon the costs associated with the equipment and facilities that are included in such subelements, including no more than a just and reasonable portion of the telephone company's overhead costs. ( c ) Connection charge subelements shall be assessed upon all interconnectors that use the equipment or facilities that are included in such subelements. [ 57 FR 54332 , Nov. 18, 1992, as amended at 58 FR 48764 , Sept. 17, 1993; 59 FR 38930 , Aug. 1, 1994] § 69.123 Density pricing zones for special access and switched transport. ( a ) ( 1 ) Incumbent local exchange carriers not subject to price cap regulation may establish any number of density zones within a study area that is used for purposes of jurisdictional separations, provided that each zone, except the highest-cost zone, accounts for at least 15 percent of that carrier's special access and transport revenues within that study area, calculated pursuant to the methodology set forth in § 69.725 . ( 2 ) Such a system of pricing zones shall be designed to reasonably reflect cost-related characteristics, such as the density of total interstate traffic in central offices located in the respective zones. ( 3 ) Non-price cap incumbent local exchange carriers may establish only one set of density pricing zones within each study area, to be used for the pricing of both special and switched access pursuant to paragraphs (c) and (d) of this section. ( b ) ( 1 ) Incumbent local exchange carriers subject to price cap regulation may establish any number of density zones within a study area that is used for purposes of jurisdictional separations, provided that each zone, except the highest-cost zone, accounts for at least 15 percent of that carrier's trunking basket revenues within that study area, calculated pursuant to the methodology set forth in § 69.725 . ( 2 ) Price cap incumbent local exchange carriers may establish only one set of density pricing zones within each study area, to be used for the pricing of all services within the trunking basket for which zone density pricing is permitted. ( 3 ) An access service subelement for which zone density pricing is permitted shall be deemed to be offered in the zone that contains the telephone company location from which the service is provided. ( 4 ) An access service subelement for which zone density pricing is permitted which is provided to a customer between telephone company locations shall be deemed to be offered in the highest priced zone that contains one of the locations between which the service is offered. ( c ) Notwithstanding § 69.3(e)(7) , in study areas in which a telephone company offers a cross-connect, as described in § 69.121(a)(1) , for the transmission of interstate special access traffic, telephone companies may charge rates for special access sub-elements of DS1, DS3, and such other special access services as the Commission may designate, that differ depending on the zone in which the service is offered, provided that the charges for any such service shall not be deaveraged within any such zone. ( 1 ) A special access service subelement shall be deemed to be offered in the zone that contains the telephone company location from which the service is provided. ( 2 ) A special access service subelement provided to a customer between telephone company locations shall be deemed to be offered in the highest priced zone that contains one of the locations between which the service is offered. ( d ) Notwithstanding § 69.3(e)(7) , in study areas in which a telephone company offers a cross-connect, as described in § 69.121(a)(1) , for the transmission of interstate switched traffic, or is using collocated facilities to interconnect with telephone company interstate switched transport services, telephone companies may charge rates for sub-elements of direct-trunked transport, tandem-switched transport, entrance facilities, and dedicated signaling transport that differ depending on the zone in which the service is offered, provided that the charge for any such service shall not be deaveraged within any such zone. ( 1 ) A switched transport service subelement shall be deemed to be offered in the zone that contains the telephone company location from which the service is provided. ( 2 ) A switched transport service subelement provided to a customer between telephone company locations shall be deemed to be offered in the highest priced zone that contains either of the locations between which the service is offered. ( e ) ( 1 ) Telephone companies not subject to price cap regulation may charge a rate for each service in the highest priced zone that exceeds the rate for the same service in the lowest priced zone by no more than fifteen percent of the rate for the service in the lowest priced zone during the period from the date that the zones are initially established through the following June 30. The difference between the rates for any such service in the highest priced zone and the lowest priced zone in a study area, measured as a percentage of the rate for the service in the lowest priced zone, may increase by no more than an additional fifteen percentage points in each succeeding year, measured from the rate differential in effect on the last day of the preceding tariff year. ( 2 ) Notwithstanding § 69.3(e)(7) , incumbent local exchange carriers subject to price cap regulation may charge different rates for services in different zones pursuant to § 61.47(f) of this chapter , provided that the charges for any such service are not deaveraged within any such zone. ( f ) ( 1 ) An incumbent local exchange carrier that establishes density pricing zones under this section must reallocate additional amounts recovered under the interconnection charge prescribed in § 69.124 of this subpart to facilities-based transport rates, to reflect the higher costs of serving lower density areas. Each incumbent local exchange carrier must reallocate costs from the interexchange charge each time it increases the ratio between the prices in its lowest-cost zone and any other zone in that study area. ( 2 ) Any incumbent local exchange carrier that has already deaveraged its rates on January 1, 1998 must reallocate an amount equivalent to that described in paragraph (f)(1) of this section from the interconnection charge prescribed in § 69.124 to its transport services. ( 3 ) Price cap local exchange carriers shall reassign to direct-trunked transport and tandem-switched transport categories or subcategories interconnection charge amounts reallocated under paragraph (f)(1) or (f)(2) of this section in a manner that reflects the way density pricing zones are being implemented by the incumbent local exchange carrier. [ 57 FR 54333 , Nov. 18, 1992, as amended at 58 FR 48764 , Sept. 17, 1993; 62 FR 31935 , June 11, 1997; 64 FR 51267 , Sept. 22, 1999; 69 FR 25336 , May 6, 2004] § 69.124 Interconnection charge. ( a ) Until December 31, 2001, local exchange carriers not subject to price cap regulation shall assess an interconnection charge expressed in dollars and cents per access minute upon all interexchange carriers and upon all other persons using the telephone company switched access network. ( b ) If the use made of the local exchange carrier's switched access network includes the local switch, but not local transport, the interconnection charge assessed pursuant to paragraph (a) of this section shall be computed by subtracting entrance facilities, tandem-switched transport, direct-trunked transport, and dedicated signalling transport revenues, as well as any interconnection charge revenues that the local exchange carrier anticipates will be reassigned to other, facilities-based rate elements in the future, from the part 69 transport revenue requirement, and dividing by the total interstate local switching minutes. ( c ) If the use made of the local exchange carrier's switched access network includes local transport, the interconnection charge to be assessed pursuant to paragraph (a) of this section shall be computed by dividing any interconnection charge revenues that the local exchange carrier anticipates will be reassigned to other, facilities-based rate elements in the future by the total interstate local transport minutes, and adding thereto the per minute amount calculated pursuant to paragraph (b) of this section. [ 62 FR 66030 , Dec. 17, 1997, as amended at 66 FR 59732 , Nov. 30, 2001] § 69.125 Dedicated signalling transport. ( a ) Dedicated signalling transport shall consist of two elements, a signalling link charge and a signalling transfer point (STP) port termination charge. ( b ) ( 1 ) A flat-rated signalling link charge expressed in dollars and cents per unit of capacity shall be assessed upon all interexchange carriers and other persons that use facilities between an interexchange carrier or other person's common channel signalling network and a telephone company signalling transfer point or equivalent facilities offered by a telephone company. Signalling link charges may be distance-sensitive. Distance shall be measured as airline kilometers between the signalling point of interconnection of the interexchange carrier's or other person's common channel signalling network and the telephone company's signalling transfer point. ( 2 ) Signalling link rates will generally be presumed reasonable if they are based on the interoffice charges for equivalent special access services. Telephone companies that have, before February 18, 1993, tariffed a signalling link service for signalling transport between the interexchange carrier's or other person's common channel signalling network and the telephone company's STP are permitted to use the rates that are in place. ( c ) A flat-rated STP port termination charge expressed in dollars and cents per port shall be assessed upon all interexchange carriers and other persons that use dedicated signalling transport. [ 57 FR 54721 , Nov. 20, 1992, as amended at 58 FR 41191 , Aug. 3, 1993; 58 FR 44950 , Aug. 25, 1993; 62 FR 31935 , June 11, 1997] § 69.128 Billing name and address. Appropriate subelements shall be established for the use of equipment or facilities that are associated with offerings of billing name and address. [ 58 FR 36145 , July 6, 1993] § 69.129 Signalling for tandem switching. A charge that is expressed in dollars and cents shall be assessed upon the purchasing entity by a local telephone company for provision of signalling for tandem switching. [ 59 FR 32930 , June 27, 1994] § 69.130 Line port costs in excess of basic analog service. ( a ) To the extent that the costs of ISDN line ports, and line ports associated with other services, exceed the costs of a line port used for basic, analog service, non-price cap local exchange carriers may recover the difference through a separate monthly end-user charge, provided that no portion of such excess cost may be recovered through other common line access charges, or through Connect America Fund Broadband Loop Support. ( b ) The maximum charge a non-price cap local exchange carrier that elects model-based support pursuant to § 54.311 of this chapter or Alaska Plan support pursuant to § 54.306 of this chapter may assess is the rate in effect on the last day of the month preceding the month for which model-based support or Alaska Plan support, as applicable, is first provided. [ 81 FR 24345 , Apr. 25, 2016, amended at 81 FR 69716 , Oct. 7, 2016] § 69.131 Universal service end user charges. To the extent the company makes contributions to the Universal Service Support Mechanisms pursuant to §§ 54.706 and 54.709 of this chapter and the non-price cap local exchange carrier seeks to recover some or all of the amount of such contribution, the non-price cap local exchange carrier shall recover those contributions through a charge to end users other than Lifeline users. The charge to recover these contributions is not part of any other element established pursuant to part 69. Such a charge may be assessed on a per-line basis or as a percentage of interstate retail revenues, and at the option of the local exchange carrier it may be combined for billing purposes with other end user retail rate elements. A non-price cap local exchange carrier opting to assess the Universal Service end-user rate element on a per-line basis may apply that charge using the “equivalency” relationships established for the multi-line business PICC for Primary Rate ISDN service, as per § 69.153(d) , and for Centrex lines, as per § 69.153(e) . [ 66 FR 59732 , Nov. 30, 2001] § 69.132 End user Consumer Broadband-Only Loop charge for non-price cap incumbent local exchange carriers. ( a ) This section is applicable only to incumbent local exchange carriers that are not subject to price cap regulation as that term is defined in § 61.3(ee) of this chapter . ( b ) A charge that is expressed in dollars and cents per line per month may be assessed upon end users that subscribe to Consumer Broadband-Only Loop service. Such charge shall be assessed for each line without regulated local exchange voice service provided by a rate-of-return incumbent local exchange carrier to a customer, for use in connection with fixed Broadband Internet access service, as defined in § 8.2 of this chapter . ( c ) For carriers not electing model-based support pursuant to § 54.311 of this chapter or Alaska Plan support pursuant to § 54.306 of this chapter , the single-line rate or charge shall be computed by dividing one-twelfth of the projected annual revenue requirement for the Consumer Broadband-Only Loop category (net of the projected annual Connect America Fund Broadband Loop Support attributable to consumer broadband-only loops) by the projected average number of consumer broadband-only service lines in use during such annual period. ( d ) The maximum monthly per line charge for each Consumer Broadband-Only Loop provided by a non-price cap local exchange carrier that elects model-based support pursuant to § 54.311 of this chapter or Alaska Plan support pursuant to § 54.306 of this chapter shall be $42. [ 48 FR 10358 , Mar. 11, 1983, as amended at 81 FR 24345 , Apr. 25, 2016; 81 FR 69716 , Oct. 7, 2016] Subpart C—Computation of Charges for Price Cap Local Exchange Carriers Source: 62 FR 31935 , June 11, 1997, unless otherwise noted. § 69.151 Applicability. This subpart shall apply only to telephone companies subject to the price cap regulations set forth in part 61 of this chapter . § 69.152 End user common line for price cap local exchange carriers. ( a ) A charge that is expressed in dollars and cents per line per month shall be assessed upon end users that subscribe to local exchange telephone service or Centrex service to the extent they do not pay carrier common line charges. A charge that is expressed in dollars and cents per line per month shall be assessed upon providers of public telephones. Such charge shall be assessed for each line between the premises of an end user, or public telephone location, and a Class 5 office that is or may be used for local exchange service transmissions. ( b ) [Reserved] ( c ) The charge for each subscriber line associated with a public telephone shall be equal to the monthly charge computed in accordance with paragraph (k) of this section. ( d ) ( 1 ) Beginning July 1, 2000, in a study area that does not have deaveraged End User Common Line Charges, the maximum monthly charge for each primary residential or single-line business local exchange service subscriber line shall be the lesser of: ( i ) The Average Price Cap CMT Revenue per Line month as defined in § 61.3(d) of this chapter ; or ( ii ) The following: ( A ) On July 1, 2000, $4.35. ( B ) On July 1, 2001, $5.00. ( C ) On July 1, 2002, $6.00. ( D ) On July 1, 2003, $6.50. ( 2 ) In the event that GDP-PI exceeds 6.5% or is less than 0%, the maximum monthly charge in paragraph (d)(1)(ii) of this section and the cap will be adjusted pursuant to § 61.45(b)(1)(iii) of this chapter . ( e ) ( 1 ) Beginning July 1, 2000, in a study area that does not have deaveraged End User Common Line Charges, the maximum monthly charge for each non-primary residential local exchange service subscriber line shall be the lesser of: ( i ) $7.00; or ( ii ) The greater of: ( A ) The rate as of June 30, 2000 less reductions needed to ensure over recovery of CMT Revenues does not occur; or ( B ) The Average Price Cap CMT Revenue per Line month as defined in § 61.3(d) of this chapter . ( 2 ) In the event that GDP-PI is greater than 6.5% or is less than 0%, the maximum monthly charge in paragraph (e)(1)(i) of this section and the cap will be adjusted pursuant to § 61.45(b)(1)(iii) of this chapter . ( 3 ) Where the local exchange carrier provides a residential line to another carrier so that the other carrier may resell that residential line to a residence that already receives a primary residential line, the local exchange carrier may collect the non-primary residential charge described in paragraph (e) of this section from the other carrier. ( f ) The charge for each primary residential local exchange service subscriber line shall be the same as the charge for each single-line business local exchange service subscriber line. ( g ) A line shall be deemed to be a residential subscriber line if the subscriber pays a rate for such line that is described as a residential rate in the local exchange service tariff. ( h ) Effective July 1, 1999, only one of the residential subscriber lines a price cap local exchange carrier provides to a location shall be deemed to be a primary residential line. ( 1 ) Effective July 1, 1999, for purposes of § 69.152(h) of this chapter , “residential subscriber line” includes residential lines that a price cap local exchange carrier provides to a competitive local exchange carrier that resells the line and on which the price cap local exchange carrier may assess access charges. ( 2 ) Effective July 1, 1999, if a customer subscribes to residential lines from a price cap local exchange carrier and at least one reseller of the price cap local exchange carrier's lines, the line sold by the price cap local exchange carrier shall be the primary line, except that if a resold price cap LEC line is already the primary line, the resold line will remain the primary line should a price cap local exchange carrier subsequently sell an additional line to that residence. ( i ) A line shall be deemed to be a single-line business subscriber line if the subscriber pays a rate that is not described as a residential rate in the local exchange service tariff and does not obtain more than one such line from a particular telephone company. ( j ) No charge shall be assessed for any WATS access line. ( k ) ( 1 ) Beginning on July 1, 2000, for any study area that does not have deaveraged End User Common Line charges and in the absence of voluntary reductions, the maximum monthly End User Common Line Charge for multi-line business lines will be the lesser of: ( i ) $9.20; or ( ii ) The greater of: ( A ) The rate as of June 30, 2000, less reductions needed to ensure over recovery of CMT Revenues does not occur; or ( B ) The Average Price Cap CMT Revenue per Line month as defined in § 61.3(d) of this chapter . Note to paragraph ( k )(1): Except when the local exchange carrier reduces the rate through voluntary reductions, the multi-line business End User Common Line charge will be frozen until the study area's multi-line business PICC and CCL charge are eliminated. ( 2 ) In the event that GDP-PI is greater than 6.5% or is less than 0%, the maximum monthly charge in paragraph (k)(1)(i) of this section and the cap will be adjusted pursuant to § 61.45(b)(1)(iii) of this chapter . ( l ) ( 1 ) Beginning January 1, 1998, local exchange carrier shall assess no more than one End User Common Line charge as calculated under the applicable method under paragraph (e) of this section for Basic Rate Interface integrated services digital network (ISDN) service. ( 2 ) Local exchange carriers shall assess no more than five End User Common Line charges as calculated under paragraph (k) of this section for Primary Rate Interface ISDN service. ( m ) In the event the local exchange carrier charges less than the maximum End User Common Line charge for any subscriber lines, the local exchange carrier may not recover the difference between the amount collected and the maximum from carrier common line charges or PICCs. ( n ) - ( p ) [Reserved] ( q ) End User Common Line Charge De-Averaging. Beginning on July 1, 2000, local exchange carriers may geographically deaverage End User Common Line charges subject to the following conditions: ( 1 ) In order for a price cap local exchange carrier to be allowed to de-average End User Common Line charges within a study area, the price cap local exchange carrier must have state Commission approved geographically deaveraged rates for UNE loops within that study area. Except where a LEC geographically deaverages through voluntary reductions, before a price cap local exchange carrier may geographically deaverage its End User Common Line rates, its Originating and Terminating CCL and Multi-line Business PICC rates in that study area must equal $0.00. ( 2 ) All geographic deaveraging of End User Common Line charges by customer class within a study area must be according to the state commission-approved UNE loop zone. Solely for the purposes of determining interstate subscriber line charges and the interstate access universal service support described in §§ 54.806 and 54.807 of this chapter , a price cap local exchange carrier may not have more than four geographic End User Common Line Charge/Universal Service zones absent a review by the Commission. Where a price cap local exchange carrier has more than four state-created UNE zones and the Commission has not approved use of additional zones, the price cap local exchange carrier will determine, at its discretion, which state-created UNE zones to consolidate so that it has no more than four zones for the purpose of determining interstate subscriber line charges and interstate access universal service support. ( 3 ) Within a given zone, Multi-line Business End User Common Line rates cannot fall below Primary Residential and Single-Line Business or Non-Primary Residential End User Common Line charges. Non-Primary End User Common Line charges cannot fall below Primary Residential and Single-Line Business charges. ( 4 ) For any given class of customer in any given zone, the Zone deaveraged End User Common Line Charge in that zone must be greater than or equal to the Zone deaveraged End User Common Line charge in the zone with the next lower Zone Average Revenue Per Line. ( 5 ) The sum of all revenues per month that would be generated from all deaveraged End User Common Line charges in all zones within a study area plus Interstate Access Universal Service Support per Line month (as defined in § 54.807 of this chapter ) for the applicable customer classes and zones receiving such support multiplied by corresponding base period lines, divided by the number of base period lines in that study area cannot exceed Average Price Cap CMT Revenue per Line month as defined in § 61.3(d) of this chapter for that study area. In addition, the sum of revenues per month that would be generated from all deaveraged End User Common Line charges in all End User Common Line charge deaveraging zones within a study area plus revenues per month from all End User Common Line charge, multi-line business PICC and CCL charges from study areas within that study area that have not geographically deaveraged End User Common Line charges plus the sum of all Interstate Access Universal Service Support per Line month (as defined in § 54.807 of this chapter ) for the applicable customer classes and zones receiving such support, multiplied by the corresponding base period lines for the applicable customer classes and zones within the study area, divided by the number of total base period lines in the study area cannot exceed Average Price Cap CMT Revenue per Line month as defined in § 61.3(d) of this chapter for the study area. ( 6 ) Maximum charge. The maximum zone deaveraged End User Common Line Charge that may be charged in any zone is the applicable cap specified in § 69.152(d)(1) , § 69.152(e)(1)(i) or § 69.152 (k)(1)(i) Zone Average Revenue Per Line is the Average Price Cap CMT Revenue per Line month allocated to a particular state-defined zone used for deaveraging of UNE loop prices. The zone average revenue per line is computed pursuant to § 61.3 (zz) of this chapter . ( 7 ) Minimum charge. Except where a local exchange carrier chooses to lower the deaveraged End User Common Line charge through voluntary reductions, the minimum zone deaveraged End User Common Line charge in any zone in a study area is at least the Minimum End User Common Line charge. Minimum End User Common Line charge is Zone Average Revenue Per Line for the zone with the lowest Zone Average Revenue Per Line in that study area plus an amount per line calculated to recover the difference between Interstate Access Universal Service Support Per Line (as defined in § 54.807 of this chapter ) multiplied by base period lines for the applicable customer class and zones receiving such support and Study Area Above Benchmark Revenues, first from Zone 1 until the End User Common Line charges in Zone 1 equal the End User Common Line charges in Zone 2, and then from lines in Zones 1 and 2 equally until the End User Common Line charges in those Zones reach Zone 3 (with all End User Common Line charges subject to the applicable residential and multi-line business lines nominal caps). ( i ) For the purposes of this part, “Study Area Above Benchmark Revenues” is the sum of all Zone Above Benchmark Revenues. ( ii ) For the purposes of this part, “Zone Above Benchmark Revenues” is calculated as follows: Zone Above Benchmark Revenues is the sum of Zone Above Benchmark Revenues for Residential and Single-line Business lines and Zone Above Benchmark Revenues for Multi-line Business lines. Zone Above Benchmark Revenues for Residential and Single-line Business lines is, within each zone, (Zone Average Revenue Per Line minus $7.00) multiplied by all eligible telecommunications carrier Base Period Residential and Single-line Business lines times 12. If negative, the Zone Above Benchmark Revenues for Residential and Single-line Business lines for the zone is zero. Zone Above Benchmark Revenues for Multi-line Business lines is, within each zone, (Zone Average Revenue Per Line minus $9.20) multiplied by all eligible telecommunications carrier zone Base Period Multi-line Business lines times 12. If negative, the Zone Above Benchmark Revenues for Multi-line Business lines for the zone is zero. ( 8 ) Voluntary Reductions. A “Voluntary Reduction” is one in which the local exchange carrier reduces prices other than through offset of net increases in End User Common Line charge revenues or Interstate Access Universal Service support received pursuant to § 54.807 of this chapter , or through increases in other zone deaveraged End User Common Line charges. [ 65 FR 38701 , June 21, 2000; 65 FR 57744 , Sept. 26, 2000] § 69.153 Presubscribed interexchange carrier charge (PICC). ( a ) A charge expressed in dollars and cents per line may be assessed upon the Multi-line business subscriber's presubscribed interexchange carrier to recover revenues totaling Average Price Cap CMT Revenues per Line month times the number of base period lines less revenues recovered through the End User Common Line charge established under § 69.152 and Interstate Access Universal Service Support Per Line (as defined in § 54.807 of this chapter ) multiplied by base period lines for the applicable customer class and zones receiving such support, up to a maximum of $4.31 per line per month. In the event the ceilings on the PICC prevent the PICC from recovering all the residual common line/marketing and residual interconnection charge revenues, the PICC shall recover all residual common line/marketing revenues before it recovers residual interconnection charge revenues. ( b ) If an end-user customer does not have a presubscribed interexchange carrier, the local exchange carrier may collect the PICC directly from the end user. ( c ) [Reserved] ( d ) Local exchange carriers shall assess no more than five PICCs as calculated under paragraph (a) of this section for Primary Rate Interface ISDN service. ( e ) The maximum monthly PICC for Centrex lines shall be one-ninth of the maximum charge determined under paragraph (a) of this section, except that if a Centrex customer has fewer than nine lines, the maximum monthly PICC for those lines shall be the maximum charge determined under paragraph (a) of this section divided by the customer's number of Centrex lines. ( f ) The PICC shall not be applicable to any payphone lines. ( g ) - ( h ) [Reserved] [ 65 FR 38703 , June 21, 2000; 65 FR 57744 , Sept. 26, 2000, as amended at 68 FR 43329 , July 22, 2003] § 69.154 Per-minute carrier common line charge. ( a ) Local exchange carriers may recover a per-minute carrier common line charge from interexchange carriers, collected on originating access minutes and calculated using the weighting method set forth in paragraph (c) of this section. The maximum such charge shall be the lower of: ( 1 ) The per-minute rate using base period demand that would recover the maximum allowable carrier common line revenue as defined in § 61.46(d) of this chapter ; or ( 2 ) The sum of the local switching, carrier common line and interconnection charge charges assessed on originating minutes on December 31, 1997, minus the local switching charges assessed on originating minutes. ( b ) To the extent that paragraph (a) of this section does not recover from interexchange carriers all permitted carrier common line revenue, the excess may be collected through a per-minute charge on terminating access calculated using the weighting method set forth in paragraph (c) of this section. ( c ) For each Carrier Common Line access element tariff, the premium originating Carrier Common Line charge shall be set at a level that recovers revenues allowed under paragraphs (a) and (b) of this section. The non-premium charges shall be equal to .45 multiplied by the premium charges. [ 62 FR 31935 , June 11, 1997, as amended at 65 FR 38703 , June 21, 2000] § 69.155 Per-minute residual interconnection charge. ( a ) Local exchange carriers may recover a per-minute residual interconnection charge on originating access. The maximum such charge shall be the lower of: ( 1 ) The per-minute rate that would recover the total annual residual interconnection charge revenues permitted less the portion of the residual interconnection charge allowed to be recovered under § 69.153 ; or ( 2 ) The sum of the local switching, carrier common line and residual interconnection charges assessed on originating minutes on December 31, 1997, minus the local switching charges assessed on originating minutes, less the maximum amount allowed to be recovered under § 69.154(a) . ( b ) To the extent that paragraph (a) of this section prohibits a local exchange carrier from recovering all of the residual interconnection charge revenues permitted, the residual may be collected through a per-minute charge on terminating access. ( c ) ( 1 ) No portion of the charge assessed pursuant to paragraphs (a) or (b) of this section that recovers revenues that the local exchange carrier anticipates will be reassigned to other, facilities-based rate elements, including the tandem-switching rate element described in § 69.111(g) , the three-part tandem switched transport rate structure described in § 69.111(a)(2) , and port and multiplexer charges described in § 69.111(l) , shall be assessed upon minutes utilizing the local exchange carrier's local switching facilities, but not the local exchange carrier's transport service. ( 2 ) If a local exchange carrier cannot recover its full residual interconnection charge revenues through the PICC mechanism established in § 69.153 , and will consequently cover a portion of its residual interconnection charge revenues through per-minute charges assessed pursuant to paragraphs (a) and (b) of this section, then the local exchange carrier must allocate its residual interconnection charge revenues subject to the exemption established in paragraph (c)(1) of this section between the PICC and the per-minute residual interconnection charge in the same proportion as other residual interconnection charge revenues are allocated between these two recovery mechanisms. [ 62 FR 31938 , June 11, 1997; 62 FR 40460 , July 29, 1997, as amended at 62 FR 56133 , Oct. 29, 1997] § 69.156 Marketing expenses. Effective July 1, 2000, the marketing expenses formerly allocated to the common line and traffic sensitive baskets, and the switched services within the trunking basket pursuant to § 32.6610 of this chapter and § 69.403 will now be recovered in the CMT basket created pursuant to § 61.42(d)(1) of this chapter . These marketing expenses will be recovered through the elements outlined in §§ 69.152 , 69.153 and 69.154 . [ 65 FR 38703 , June 21, 2000] § 69.157 Line port costs in excess of basic, analog service. To the extent that the costs of ISDN line ports, and line ports associated with other services, exceed the costs of a line port used for basic, analog service, local exchange carriers may recover the difference through a separate monthly end-user charge. As of June 30, 2000, these rates will be capped until June 30, 2005. [ 65 FR 38704 , June 21, 2000; 65 FR 57744 , Sept. 26, 2000] § 69.158 Universal service end user charges. To the extent the company makes contributions to the Universal Service Support Mechanisms pursuant to §§ 54.706 and 54.709 of this chapter and the local exchange carrier seeks to recover some or all of the amount of such contribution, the local exchange carrier shall recover those contributions through a charge to end users other than Lifeline users. These contributions are not a part of any price cap baskets, and the charge to recover these contributions is not part of any other element established pursuant to part 69. Such a charge may be assessed on a per-line basis or as a percentage of interstate retail revenues, and at the option of the local exchange carrier it may be combined for billing purposes with other end user retail rate elements. A local exchange carrier opting to assess the Universal Service end-user rate element on a per-line basis may apply that charge using the “equivalency” relationships established for the multi-line business PICC for Primary Rate ISDN service, as per § 69.153(d) , and for Centrex lines, as per § 69.153(e) . [ 65 FR 38704 , June 21, 2000; 65 FR 57744 , Sept. 26, 2000] Subpart D—Apportionment of Net Investment Source: 52 FR 37312 , Oct. 6, 1987, unless otherwise noted. § 69.301 General. ( a ) For purposes of computing annual revenue requirements for access elements net investment as defined in § 69.2 (z) shall be apportioned among the interexchange category, the billing and collection category and access elements as provided in this subpart. For purposes of this subpart, local transport includes five elements: entrance facilities, direct-trunked transport, tandem-switched transport, dedicated signaling transport, and the interconnection charge. Expenses shall be apportioned as provided in subpart E of this part . ( b ) The End User Common Line and Carrier Common Line elements shall be combined for purposes of this subpart and subpart E of this part . Those elements shall be described collectively as the Common Line element. The Common Line element revenue requirement shall be segregated in accordance with subpart F of this part . [ 52 FR 37312 , Oct. 6, 1987, as amended at 57 FR 54722 , Nov. 20, 1992] § 69.302 Net investment. ( a ) Investment in Accounts 2001, 1220 and Class B Rural Telephone Bank Stock booked in Account 1410 shall be apportioned among the interexchange category, billing and collection category and appropriate access elements as provided in §§ 69.303 through 69.309 . ( b ) Investment in Accounts 2002, 2003 and to the extent such inclusions are allowed by this Commission, Account 2005 shall be apportioned on the basis of the total investment in Account 2001, Telecommunications Plant in Service. [ 52 FR 37312 , Oct. 6, 1987, as amended at 54 FR 3456 , Jan. 24, 1989; 67 FR 5703 , Feb. 6, 2002] § 69.303 Information origination/termination equipment (IOT). Investment in all other IOT shall be apportioned between the Special Access and Common Line elements on the basis of the relative number of equivalent lines in use, as provided herein. Each interstate or foreign Special Access Line, excluding lines designated in § 69.115(e) , shall be counted as one or more equivalent lines where channels are of higher than voice bandwidth, and the number of equivalent lines shall equal the number of voice capacity analog or digital channels to which the higher capacity is equivalent. Local exchange subscriber lines shall be multiplied by the interstate Subscriber Plant Factor to determine the number of equivalent local exchange subscriber lines. [ 52 FR 37312 , Oct. 6, 1987, as amended at 62 FR 31938 , June 11, 1997] § 69.304 Subscriber line cable and wire facilities. ( a ) Investment in local exchange subscriber lines shall be assigned to the Common Line element. ( b ) Investment in interstate and foreign private lines and interstate WATS access lines shall be assigned to the Special access element. [ 52 FR 37312 , Oct. 6, 1987, as amended at 62 FR 31938 , June 11, 1997] § 69.305 Carrier cable and wire facilities (C&WF). ( a ) Carrier C&WF that is not used for “origination” or “termination” as defined in § 69.2(bb) and § 69.2(cc) shall be assigned to the interexchange category. ( b ) Carrier C&WF, other than WATS access lines, not assigned pursuant to paragraph (a) , (c) , or (e) of this section that is used for interexchange services that use switching facilities for origination and termination that are also used for local exchange telephone service shall be apportioned to the local Transport elements. ( c ) Carrier C&WF that is used to provide transmission between the local exchange carrier's signalling transfer point and the database shall be assigned to the Line Information Database sub-element at § 69.120(a) . ( d ) All Carrier C&WF that is not apportioned pursuant to paragraphs (a) , (b) , (c) , and (e) of this section shall be assigned to the Special Access element. ( e ) Carrier C&WF that is used to provide transmission between the local exchange carrier's signalling transfer point and the local switch shall be assigned to the local switching category. [ 52 FR 37312 , Oct. 6, 1987, as amended at 57 FR 24380 , June 9, 1992; 58 FR 30995 , May 28, 1993; 62 FR 31938 , June 11, 1997] § 69.306 Central office equipment (COE). ( a ) The Separations Manual categories shall be used for purposes of apportioning investment in such equipment except that any Central office equipment attributable to local transport shall be assigned to the Transport elements. ( b ) COE Category 1 (Operator Systems Equipment) shall be apportioned among the interexchange category and the access elements as follows: Category 1 that is used for intercept services shall be assigned to the Local Switching element. Category 1 that is used for directory assistance shall be assigned to the Information element. Category 1 other than service observation boards that is not assigned to the Information element and is not used for intercept services shall be assigned to the interexchange category. Service observation boards shall be apportioned among the interexchange category, and the Information and Transport access elements based on the remaining combined investment in COE Category 1, Category 2 and Category 3. ( c ) COE Category 2 (Tandem Switching Equipment) that is deemed to be exchange equipment for purposes of the Modification of Final Judgment in United States v. Western Electric Co. shall be assigned to the tandem switching charge subelement and the interconnection charge element. COE Category 2 which is associated with the signal transfer point function shall be assigned to the local switching category. COE Category 2 which is used to provide transmission facilities between the local exchange carrier's signalling transfer point and the database shall be assigned to the Line Information Database subelement at § 69.120(a) . All other COE Category 2 shall be assigned to the interexchange category. ( d ) COE Category 3 (Local Switching Equipment) shall be assigned to the Local Switching element except as provided in paragraph (a) of this section; and that, ( 1 ) For telephone companies subject to price cap regulation set forth in part 61 of this chapter , line-side port costs shall be assigned to the Common Line rate element; and ( 2 ) [Reserved] ( 3 ) Beginning July 1, 2012, a non-price cap local exchange carrier shall assign line-side port costs to the Common Line rate element equal to the amount of line-side port costs it shifted in its 2011 projected Interstate Switched Access Revenue Requirement. ( e ) COE Category 4 (Circuit Equipment) shall be apportioned among the interexchange category and the Common Line, Transport, and Special Access elements. COE Category 4 shall be apportioned in the same proportions as the associated Cable and Wireless Facilities; except that any DS1/voice-grade multiplexer investment associated with analog local switches and assigned to the local transport category by this section shall be reallocated to the local switching category. [ 52 FR 37312 , Oct. 6, 1987, as amended at 57 FR 54722 , Nov. 20, 1992; 58 FR 30995 , May 28, 1993; 62 FR 31938 , June 11, 1997; 66 FR 59732 , Nov. 30, 2001; 78 FR 26269 , May 6, 2013; 81 FR 24345 , Apr. 25, 2016] § 69.307 General support facilities. ( a ) General purpose computer investment used in the provision of the Line Information Database sub-element at § 69.120(b) shall be assigned to that sub-element. ( b ) General purpose computer investment used in the provision of the billing name and address element at § 69.128 shall be assigned to that element. ( c ) ( 1 ) Until June 30, 2002, for all local exchange carriers not subject to price cap regulation and for other carriers that acquire all of the billing and collection services that they provide to interexchange carriers from unregulated affiliates through affiliate transactions, from unaffiliated third parties, or from both of these sources, all other General Support Facilities investments shall be apportioned among the interexchange category, the billing and collection category, and Common Line, Local Switching, Information, Transport, and Special Access elements on the basis of Central Office Equipment, Information Origination/Termination Equipment, and Cable and Wire Facilities, combined. ( 2 ) Beginning July 1, 2002, for all local exchange carriers that acquire all of the billing and collection services that they provide to interexchange carriers from unregulated affiliates through affiliate transactions, from unaffiliated third parties, or from both of these sources, all other General Support Facilities investments shall be apportioned among the interexchange category, the billing and collection category, and Common Line, Local Switching, Information, Transport, and Special Access elements on the basis of Central Office Equipment, Information Origination/Termination Equipment, and Cable and Wire Facilities, combined. ( d ) For local exchange carriers subject to price cap regulation and not covered by Section 69.307(c) , a portion of General purpose computer investment (Account 2124), investment in Land (Account 2111), Buildings (Account 2121), and Office equipment (Account 2123) shall be apportioned to the billing and collection category on the basis of the Big Three Expense Factors allocator, defined in Section 69.2 of this Part , modified to exclude expenses that are apportioned on the basis of allocators that include General Support Facilities investment. The remaining portion of investment in these four accounts together with all other General Support Facilities investments shall be apportioned among the interexchange category, the billing and collection category, and Common Line, Local Switching, Information, Transport, and Special Access Elements on the basis of Central Office Equipment, Information Origination/Termination Equipment, and Cable and Wire Facilities, combined. ( e ) Beginning July 1, 2002, for non-price cap local exchange carriers not covered by § 69.307(c)(2) , a portion of General purpose computer investment shall be apportioned to the billing and collection category on the basis of the Big Three Expense Factors allocator, defined in § 69.2 , modified to exclude expenses that are apportioned on the basis of allocators that include General Support Facilities investment. The remaining General Support Facilities investments shall be apportioned among the interexchange category, the billing and collection category, and Common Line, Local Switching, Information, Transport, and Special Access Elements on the basis of Central Office Equipment, Information Origination/Termination Equipment, and Cable and Wire Facilities, combined. [ 58 FR 30995 , May 28, 1993, as amended at 58 FR 36145 , July 6, 1993; 62 FR 31939 , June 11, 1997; 62 FR 40464 , July 29, 1997; 62 FR 65622 , Dec. 15, 1997; 66 FR 59732 , Nov. 30, 2001] § 69.308 [Reserved] § 69.309 Other investment. Investment that is not apportioned pursuant to §§ 69.302 through 69.307 shall be apportioned among the interexchange category, the billing and collection category and access elements in the same proportions as the combined investment that is apportioned pursuant to §§ 69.303 through 69.307 . [ 62 FR 31939 , June 11, 1997] § 69.310 Capital leases. Capital Leases in Account 2680 shall be directly assigned to the appropriate interexchange category or access elements consistent with the treatment prescribed for similar plant costs or shall be apportioned in the same manner as Account 2001. § 69.311 Consumer Broadband-Only Loop investment. ( a ) Each non-price cap local exchange carrier shall remove consumer broadband-only loop investment assigned to the special access category by §§ 69.301 through 69.310 from the special access category and assign it to the Consumer Broadband-Only Loop category when the tariff charge described in § 69.132 of this part becomes effective. ( b ) Until June 30, 2018, the consumer broadband-only loop investment to be removed from the special access category shall be determined using the following estimation method. ( 1 ) To determine the investment in Common Line facilities as if 100 percent were allocated to the interstate jurisdiction, a carrier shall use 100 percent as the interstate allocator in determining investment and the allocation of investment to the common line category under part 36 of this chapter and this part. ( 2 ) The result of paragraph (b)(1) of this section shall be divided by the number of voice and voice/data lines in the study area to produce an average investment per line. ( 3 ) The average investment per line determined by paragraph (b)(2) of this section shall be multiplied by the number of Consumer Broadband-only Loops in the study area to derive the investment to be shifted from the Special Access category to the Consumer Broadband-only Loop category. ( c ) Beginning July 1, 2018, each carrier shall determine, consistent with the Part 36 and Part 69 cost allocation rules, the amount of Consumer Broadband-Only Loop investment and related reserves and other investment assigned to the interstate Special Access category that is to be shifted to the Consumer Broadband-Only Loop category. [ 81 FR 24345 , Apr. 25, 2016, as amended at 82 FR 14340 , Mar. 20, 2017; 83 FR 14189 , Apr. 3, 2018] Subpart E—Apportionment of Expenses Source: 52 FR 37313 , Oct. 6, 1987, unless otherwise noted. § 69.401 Direct expenses. ( a ) Plant Specific Operations Expenses in Accounts 6110 and 6120 shall be apportioned among the interexchange category, the billing and collection category and appropriate access elements on the following basis: ( 1 ) Account 6110—Apportion on the basis of other investment apportioned pursuant to § 69.309 . ( 2 ) Account 6120—Apportion on the basis of General and Support Facilities investment pursuant to § 69.307 . ( b ) Plant Specific Operations Expenses in Accounts 6210, 6220, and 6230, shall be apportioned among the interexchange category and access elements on the basis of the apportionment of the investment in Accounts 2210, 2220, and 2230, respectively; provided that any expenses associated with DS1/voice-grade multiplexers, to the extent that they are not associated with an analog tandem switch, assigned to the local transport category by this paragraph shall be reallocated to the local switching category; provided further that any expenses associated with common channel signalling included in Account 6210 shall be assigned to the local transport category. ( c ) Plant Specific Operations Expenses in Accounts 6310 and 6410 shall be assigned to the appropriate investment category and shall be apportioned among the interexchange category and access elements in the same proportions as the total associated investment. ( d ) Plant Non Specific Operations Expenses in Accounts 6510 and 6530 shall be apportioned among the interchange category, the billing and collection category, and access elements in the same proportions as the combined investment in COE, IOT, and C&WF apportioned to each element and category. ( e ) Plant Non Specific Operations Expenses in Account 6540 shall be assigned to the interexchange category. ( f ) Plant Non Specific Operations Expenses in Account 6560 shall be apportioned among the interexchange category, the billing and collection category, and access elements in the same proportion as the associated investment. ( g ) Amortization of embedded customer premises wiring investment shall be deemed to be associated with § 69.303(b) IOT investment for purposes of the apportionment described in paragraph (c) of this section. [ 52 FR 37313 , Oct. 6, 1987, as amended at 62 FR 31939 , June 11, 1997] § 69.402 Operating taxes (Account 7200). ( a ) Federal income taxes, state and local income taxes, and state and local gross receipts or gross earnings taxes that are collected in lieu of a corporate income tax shall be apportioned among the interexchange category, the billing and collection category and all access elements based on the approximate net taxable income on which the tax is levied (positive or negative) applicable to each element and category. ( b ) All other operating taxes shall be apportioned among the interexchange category, the billing and collection category and all access elements in the same manner as the investment apportioned to each element and category pursuant to § 69.309 Other Investment. § 69.403 Marketing expense (Account 6610). Marketing expense shall be apportioned among the interexchange category and all access elements in the same proportions as the combined investment that is apportioned pursuant to § 69.309 . § 69.404 Telephone operator services expenses in Account 6620. Telephone Operator Services expenses shall be apportioned among the interexchange category, and the Local Switching and Information elements based on the relative number of weighted standard work seconds. For those companies who contract with another company for the provision of these services, the expenses incurred shall be directly assigned among the interexchange category and the Local Switching and Information elements on the basis of the bill rendered for the services provided. § 69.405 Published directory expenses in Account 6620. Published Directory expenses shall be assigned to the Information element. § 69.406 Local business office expenses in Account 6620. ( a ) Local business office expenses shall be assigned as follows: ( 1 ) End user service order processing expenses attributable to presubscription shall be apportioned among the Common Line, Switching, and Transport elements in the same proportion as the investment apportioned to those elements pursuant to § 69.309 . ( 2 ) End user service order processing, payment and collection, and billing inquiry expenses attributable to the company's own interstate private line and special access service shall be assigned to the Special Access element. ( 3 ) End user service order processing, payment and collection, and billing inquiry expenses attributable to interstate private line service offered by an interexhange carrier shall be assigned to the billing and collection category. ( 4 ) End user service order processing, payment and collection, and billing inquiry expenses attributable to the company's own interstate message toll service shall be assigned to the interexchange category. End user service order processing, payment and collection, and billing inquiry expenses attributable to interstate message toll service offered by an interexchange carrier shall be assigned to the billing and collection category. End user payment and collection and billing inquiry expenses attributable to End User Common Line access billing shall be assigned to the Common Line element. ( 5 ) End user service order processing, payment and collection, and billing inquiry expenses attributable to TWX service shall be assigned to the Special Access element. ( 6 ) Interexchange carrier service order processing, payment and collection, and billing inquiry expenses attributable to private lines and special access shall be assigned to the Special Access element. ( 7 ) Interexchange carrier service order processing, payment and collection, and billing inquiry expenses attributable to interstate switched access and message toll, shall be apportioned among the Common Line, Local Switching and Transport elements in the same proportion as the investment apportioned to those elements pursuant to § 69.309 . ( 8 ) Interexchange carrier service order processing, payment and collection, and billing inquiry expenses attributable to billing and collection service shall be assigned to the billing and collection category. [ 52 FR 37313 , Oct. 6, 1987, as amended at 62 FR 31939 , June 11, 1997] § 69.407 Revenue accounting expenses in Account 6620. ( a ) Revenue accounting expenses that are attributable to End User Common Line access billings shall be assigned to the Common Line element. ( b ) Revenue Accounting Expenses that are attributable to carrier's carrier access billing and collecting expense shall be apportioned among all carrier's carrier access elements except the Common Line element. Such expenses shall be apportioned in the same proportion as the combined investment in COE, C&WF and IOT apportioned to those elements. ( c ) Revenue Accounting Expenses allocated to the interstate jurisdiction that are attributable to the provision of billing name and address information shall be assigned to the Billing Name and Address element. ( d ) All other Revenue Accounting Expenses shall be assigned to the billing and collection category. [ 52 FR 37313 , Oct. 6, 1987, as amended at 58 FR 65671 , Dec. 16, 1993] § 69.408 All other customer services expenses in Account 6620. All other customer services expenses shall be apportioned among the Interexchange category, the billing and collection category and all access elements based on the combined expenses in §§ 69.404 through 69.407 . [ 52 FR 37313 , Oct. 6, 1987, as amended at 54 FR 3456 , Jan. 24, 1989] § 69.409 Corporate operations expenses (included in Account 6720). All corporate operations expenses shall be apportioned among the interexchange category, the billing and collection category and all access elements in accordance with the Big 3 Expense Factor as defined in § 69.2(f) . § 69.411 Other expenses. Except as provided in §§ 69.412 , 69.413 , and 69.414 , expenses that are not apportioned pursuant to §§ 69.401 through 69.409 shall be apportioned among the interexchange category and all access elements in the same manner as § 69.309 Other investment. [ 62 FR 31639 , June 11, 1997] § 69.412 Non participating company payments/receipts. For telephone companies that are not association Common Line tariff participants, the payment or receipt of funds described in § 69.612(a) and (b) shall be apportioned, respectively, as an addition to or a deduction from their common line revenue requirement. § 69.413 High cost loop support universal service fund expenses. Beginning April 1, 1989, expenses allocated to the interstate jurisdiction pursuant to §§ 54.1310 and 36.641 of this chapter shall be assigned to the Universal Service Fund Element. [ 79 FR 39193 , July 9, 2014] § 69.414 Lifeline assistance expenses. Expenses allocated to the interstate jurisdiction pursuant to § 36.741 shall be assigned to the Carrier Common Line element until March 31, 1989. Beginning April 1, 1989, such expenses shall be assigned to the Lifeline Assistance element. § 69.415 Reallocation of certain transport expenses. ( a ) - ( c ) [Reserved] ( d ) Beginning July 1, 2012, the amount of the Transport Interconnection Charges to be reallocated to each category shall be equal to the amount of Transport Interconnection Charge costs the non-price cap local exchange carrier was projected to shift to each category in projecting its 2011 Interstate Switched Access Revenue Requirement. [ 66 FR 59733 , Nov. 30, 2001, as amended at 78 FR 5750 , Jan. 28, 2013; 78 FR 26269 , May 6, 2013; 81 FR 24346 , Apr. 25, 2016] § 69.416 Consumer Broadband-Only Loop expenses. ( a ) Each non-price cap local exchange carrier shall remove consumer broadband-only loop expenses assigned to the Special Access category by §§ 69.401 through 69.415 from the special access category and assign them to the Consumer Broadband-Only Loop category when the tariff charge described in § 69.132 of this Part becomes effective. ( b ) Until June 30, 2018, the consumer broadband-only loop expenses to be removed from the special access category shall be determined using the following estimation method. ( 1 ) The expenses assigned to the Common Line category as if the common line expenses were 100 percent interstate shall be determined using the methodology employed in § 69.311(b)(1) . ( 2 ) The result of paragraph (b)(1) of this section shall be divided by the number of voice and voice/data lines in the study area to produce an average expense per line. ( 3 ) The average expense per line determined by paragraph (b)(2) of this section shall be multiplied by the number of Consumer Broadband-only Loops in the study area to derive the expenses to be shifted from the Special Access category to the Consumer Broadband-only Loop category. ( c ) Beginning July 1, 2018, each carrier shall determine, consistent with the Part 36 and Part 69 cost allocation rules, the amount of Consumer Broadband-Only Loop expenses assigned to the interstate Special Access category that are to be shifted to the Consumer Broadband-Only Loop category. [ 81 FR 24346 , Apr. 25, 2016, as amended at 83 FR 14189 , Apr. 3, 2018] Subpart F—Segregation of Common Line Element Revenue Requirement § 69.501 General. ( a ) [Reserved] ( b ) Until December 31, 2001, any portion of the Common Line element annual revenue requirement that is attributable to CPE investment or expense or surrogate CPE investment or expense shall be assigned to the Carrier Common Line element or elements. ( c ) Until December 31, 2001, any portion of the Common Line element annual revenue requirement that is attributable to customer premises wiring included in IOT investment or expense shall be assigned to the Carrier Common Line element or elements. ( d ) [Reserved] ( e ) Until December 31, 2001, any portion of the Common Line element revenue requirement that is not assigned to Carrier Common Line elements pursuant to paragraphs (b) and (c) of this section shall be apportioned between End User Common Line and Carrier Common Line pursuant to § 69.502 . Such portion of the Common Line element annual revenue requirement shall be described as the base factor portion for purposes of this subpart. ( f ) Beginning January 1, 2002, the Common Line element revenue requirement shall be apportioned between End User Common Line and Carrier Common Line pursuant to § 69.502 . The Common Line element annual revenue requirement shall be described as the base factor portion for purposes of this subpart. [ 48 FR 10358 , Mar. 11, 1983, as amended at 50 FR 18262 , Apr. 30, 1985; 52 FR 21542 , June 8, 1987; 52 FR 37314 , Oct. 6, 1987; 61 FR 65364 , Dec. 12, 1996; 62 FR 31939 , June 11, 1997; 66 FR 59733 , Nov. 30, 2001] § 69.502 Base factor allocation. Projected revenues from the following shall be deducted from the base factor portion to determine the amount that is assigned to the Carrier Common Line element: ( a ) End User Common Line charges, less any marketing expense revenues recovered through end user common line charges pursuant to § 69.156 ; ( b ) Special Access surcharges; and ( c ) Beginning July 1, 2002, the portion of per-line support that carriers receive pursuant to § 54.901 of this chapter ; and ( d ) Line port costs in excess of basic analog service pursuant to § 69.130 . [ 62 FR 31939 , June 11, 1997, as amended at 62 FR 40464 , July 29, 1997; 66 FR 59733 , Nov. 30, 2001; 78 FR 5750 , Jan. 28, 2013] Subpart G—Exchange Carrier Association § 69.601 Exchange carrier association. ( a ) An association shall be established in order to prepare and file access charge tariffs on behalf of all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements. ( b ) All telephone companies that participate in the distribution of Carrier Common Line revenue requirement, pay long term support to association Common Line tariff participants, or receive payments from the transitional support fund administered by the association shall be deemed to be members of the association. ( c ) All data submissions to the association required by this title shall be accompanied by the following certification statement signed by the officer or employee responsible for the overall preparation for the data submission: Certification I am (title of certifying officer or employee). I hereby certify that I have overall responsibility for the preparation of all data in the attached data submission for (name of carrier) and that I am authorized to execute this certification. Based on information known to me or provided to me by employees responsible for the preparation of the data in this submission, I hereby certify that the data have been examined and reviewed and are complete, accurate, and consistent with the rules of the Federal Communications Commission. Date: Name: Title: (Persons making willful false statements in this data submission can be punished by fine or imprisonment under the provisions of the U.S. Code, Title 18, Section 1001). [ 48 FR 10358 , Mar. 11, 1983, as amended at 52 FR 21542 , June 8, 1987; 60 FR 19530 , Apr. 19, 1995] § 69.602 Board of directors. ( a ) For purposes of this section, the association membership shall be divided into three subsets: ( 1 ) The first subset shall consist of the telephone companies owned and operated by the seven Regional Bell Holding Companies; ( 2 ) The second subset shall consist of all other telephone companies with annual operating revenues in excess of forty million dollars; ( 3 ) The third subset shall consist of all other telephone companies. All commonly controlled companies shall be deemed to be one company for purposes of this section. ( b ) There shall be fifteen directors of the association. ( c ) Two directors shall represent the first subset, two directors shall represent the second subset, six directors shall represent the third subset, and five directors shall represent all three subsets. ( d ) No director who represents all three subsets shall be a current or former officer or employee of the association or of any association member, or have a business relationship or other interest that could interfere with his or her exercise of independent judgment. ( e ) Each subset of the association membership shall select the directors who will represent it through elections in which each member of the subset shall be entitled to one vote for each director position within that subset. ( f ) The association membership shall select the directors who will represent all three subsets through an election in which each member of the association shall be entitled to one vote for each director position. No director representing all three subsets may serve for more than six consecutive calendar years without standing for an election in which that director is opposed by at least one other candidate meeting the qualifications in paragraph (d) of this section. ( g ) At least one director representing all three subsets shall be a member of each committee of association directors. ( h ) For each access element or group of access elements for which voluntary pooling is permitted, there shall be a committee that is responsible for the preparation of charges for the associated access elements that comply with all applicable sections in this part. [ 60 FR 19530 , Apr. 19, 1995, as amended at 68 FR 46502 , Aug. 6, 2003] § 69.603 Association functions. ( a ) The Association shall not engage in any activity that is not related to the preparation of access charge tariffs or the collection and distribution of access charge revenues or the operation of a billing and collection pool on an untariffed basis unless such activity is expressly authorized by order of the Commission. ( b ) Participation in Commission or court proceedings relating to access charge tariffs, the billing and collection of access charges, the distribution of access charge revenues, or the operation of a billing and collection pool on an untariffed basis shall be deemed to be authorized association activities. ( c ) - ( e ) [Reserved] ( f ) The association shall also prepare and file an access charge tariff containing terms and conditions for access service and form for the filing of rate schedules by telephone companies that choose to reference these terms and conditions while filing their own access rates. ( g ) The association shall divide the expenses of its operations into two categories. The first category (“Category I Expenses”) shall consist of those expenses that are associated with the preparation, defense, and modification of association tariffs, those expenses that are associated with the administration of pooled receipts and distributions of exchange carrier revenues resulting from association tariffs, those expenses that are associated with association functions pursuant to paragraphs (c) through (g) of this section, and those expenses that pertain to Commission proceedings involving this subpart. The second category (“Category II Expenses”) shall consist of all other association expenses. Category I Expenses shall be sub-divided into three components in proportion to the revenues associated with each component. The first component (“Category I.A Expenses”) shall be in proportion to High Cost Loop Support revenues. The second component (“Category I.B Expenses”) shall be in proportion to the sum of the association End User Common Line revenues and the association Special Access Surcharge revenues. Interstate Common Line Support Revenues and Connect America Fund Broadband Loop Support revenues shall be included in the allocation base for Category I.B expenses. The third component (“Category I.C Expenses”) shall be in proportion to the revenues from all other association interstate access charges. ( h ) ( 1 ) The revenue requirement for association tariffs filed pursuant to § 69.4(c) shall not include any association expenses other than Category I.A Expenses. ( 2 ) The revenue requirement for association tariffs filed pursuant to § 69.4 (a) and (b)(2) shall not include any Association expenses other than Category I.B Expenses. ( 3 ) The revenue requirement for association tariffs filed pursuant to § 69.4(b) (1) and (3)-(7) shall not include any association expenses other than Category I.C Expenses. ( 4 ) No distribution to an exchange carrier of High Cost Loop Support revenues shall include adjustments for association expenses other than Category I.A. Expenses. ( 5 ) No distribution to an exchange carrier of revenues from association End User Common Line charges shall include adjustments for association expenses other than Category I.B Expenses. Interstate Common Line Support and Connect America Fund Broadband Loop Support shall be subject to this provision. ( 6 ) No distribution to an exchange carrier of revenues from association interstate access charges other than End User Common Line charges and Special Access Surcharges shall include adjustments for association expenses other than Category I.C Expenses. ( 7 ) The association shall separately identify all Category I.A, I.B and I.C expenses in cost support materials filed with each annual association access tariff filing. [ 54 FR 8197 , Feb. 27, 1989, as amended at 54 FR 8199 , Feb. 27, 1989; 62 FR 41306 , Aug. 1, 1997; 63 FR 70578 , Dec. 21, 1998; 66 FR 59733 , Nov. 30, 2001; 81 FR 24346 , Apr. 25, 2016] § 69.604 Billing and collection of access charges. ( a ) Telephone companies shall bill and collect all access charges except those charges specified in §§ 69.116 and 69.117 . ( b ) All access charges shall be billed monthly. [ 51 FR 9012 , Mar. 17, 1986, as amended at 52 FR 21543 , June 8, 1987] § 69.605 Reporting and distribution of pool access revenues. ( a ) Access revenues and cost data shall be reported by participants in association tariffs to the association for computation of monthly pool revenues distributions in accordance with this subpart. ( b ) Association expenses incurred during the month that are allowable access charge expenses shall be reimbursed before any other funds are disbursed. ( c ) Except as provided in paragraph (b) of this section, payments to average schedule companies that are computed in accordance with § 69.606 shall be disbursed before any other funds are disbursed. For purposes of this part, a telephone company that was participating in average schedule settlements on December 1, 1982, shall be deemed to be an average schedule company except that any company that does not join in association tariffs for all access elements shall not be deemed to be an average schedule company. ( d ) The residue shall be disbursed to telephone companies that are not average schedule companies in accordance with §§ 69.607 through 69.610 . ( e ) The association shall submit a report on or before February 1 of each calendar year describing the association's cost study review process for the preceding calendar year as well as the results of that process. For any revisions to cost study results made or recommended by the association that would change the respective carrier's calculated annual common line or traffic sensitive revenue requirement by ten percent or more, the report shall include the following information: ( 1 ) The name of the carrier; ( 2 ) A detailed description of the revisions; ( 3 ) The amount of the revisions; ( 4 ) The impact of the revisions on the carrier's calculated common line and traffic sensitive revenue requirements; and ( 5 ) The carrier's total annual common line and traffic sensitive revenue requirement. [ 48 FR 10358 , Mar. 11, 1983, as amended at 51 FR 17027 , May 8, 1986; 52 FR 21543 , June 8, 1987; 54 FR 11537 , Mar. 21, 1989; 60 FR 19530 , Apr. 19, 1995] § 69.606 Computation of average schedule company payments. ( a ) Payments shall be made in accordance with a formula approved or modified by the Commission. Such formula shall be designed to produce disbursements to an average schedule company that simulate the disbursements that would be received pursuant to § 69.607 by a company that is representative of average schedule companies. ( b ) The association shall submit a proposed revision of the formula for each annual period subsequent to December 31, 1986, or certify that a majority of the directors of the association believe that no revisions are warranted for such period on or before December 31 of the preceding year. ( 47 U.S.C. 154 (i) and (j), 201, 202, 203, 205, 218 and 403 and 5 U.S.C. 553 ) [ 48 FR 10358 , Mar. 11, 1983, as amended at 50 FR 41356 , Oct. 10, 1985; 55 FR 6990 , Feb. 28, 1990] § 69.607 Disbursement of Carrier Common Line residue. ( a ) The association shall compute a monthly net balance for each member telephone company that is not an average schedule company. If such a company has a negative net balance, the association shall bill that amount to such company. If such a company has a positive net balance, the association shall disburse that amount to such company. ( b ) The net balance for such a company shall be computed by multiplying a hypothetical net balance for such a company by a factor that is computed by dividing the Carrier Common Line residue by the sum of the hypothetical net balances for such companies. ( c ) The hypothetical net balance for each company shall be the sum of the hypothetical net balances for each access element. Such hypothetical net balances shall be computed in accordance with §§ 69.608 to 69.610 . [ 48 FR 10358 , Mar. 11, 1983, as amended at 51 FR 42237 , Nov. 24, 1986] § 69.608 Carrier Common Line hypothetical net balance. The hypothetical net balance shall be equal to a Carrier Common Line revenue requirement for each such company that is computed in accordance with subpart F of this part . § 69.609 End User Common Line hypothetical net balances. ( a ) If the company does not participate in the association tariff for such element, the hypothetical net balance shall be zero. ( b ) If the company does participate in the association tariff for such element, the hypothetical net balance shall be computed by multiplying an amount that is computed by deducting access revenues collected by such company for such element from an End User Common Line revenue requirement for such company that is computed in accordance with subpart F of this part by a factor that is computed by dividing access revenues collected by all such companies for such element by an End User Common Line revenue requirement for all such companies that is computed in accordance with subpart F of this part . For purposes of this calculation, access revenues collected shall include any revenues foregone because of a voluntary reduction made pursuant to § 69.104(r)(7) . [ 48 FR 10358 , Mar. 11, 1983, as amended at 66 FR 59733 , Nov. 30, 2001] § 69.610 Other hypothetical net balances. ( a ) The hypothetical net balance for an access element other than a Common Line element shall be computed as provided in this section. ( b ) If the company does not participate in the association tariff for such element, the hypothetical net balance shall be zero. ( c ) If the company does participate in the association tariff for such element, the hypothetical net balance shall be computed by deducting access revenues collected for such element from the sum of expense attributable to such element and the element residue apportioned to such company. The element residue shall be apportioned among such companies in the same proportions as the net investment attributable to such element. ( d ) The element residue shall be computed by deducting expenses of all participating companies attributable to such element from revenues collected by all participating companies for such element. [ 48 FR 10358 , Mar. 11, 1983, as amended at 51 FR 42237 , Nov. 24, 1986] Subpart H—Pricing Flexibility Source: 64 FR 51267 , Sept. 22, 1999, unless otherwise noted. § 69.701 Application of the rules in this subpart. The rules in this subpart apply to all incumbent LECs subject to price cap regulation, as defined in § 61.3(bb) of this chapter , seeking pricing flexibility on the basis of the development of competition in parts of its service area for switched access services only. [ 82 FR 25711 , June 2, 2017] § 69.703 Definitions. For purposes of this subpart: ( a ) Channel terminations. ( 1 ) A channel termination between an IXC POP and a serving wire center is a dedicated channel connecting an IXC POP and a serving wire center, offered for purposes of carrying special access traffic. ( 2 ) A channel termination between a LEC end office and a customer premises is a dedicated channel connecting a LEC end office and a customer premises, offered for purposes of carrying special access traffic. ( b ) Metropolitan Statistical Area (MSA). This term shall have the definition provided in § 22.909(a) of this chapter . ( c ) Interexchange Carrier Point of Presence (IXC POP). The point of interconnection between an interexchange carrier's network and a local exchange carrier's network. ( d ) Wire center. For purposes of this subpart, the term “wire center” shall refer to any location at which an incumbent LEC is required to provide expanded interconnection for special access pursuant to § 64.1401(a) of this chapter , and any location at which an incumbent LEC is required to provide expanded interconnection for switched transport pursuant to § 64.1401(b)(1) of this chapter . ( e ) Study area. A common carrier's entire service area within a state. § 69.705 Procedure. Price cap LECs filing petitions for pricing flexibility shall follow the procedures set forth in § 1.774 of this chapter . § 69.707 Geographic scope of petition. ( a ) MSA. ( 1 ) A price cap LEC filing a petition for pricing flexibility in an MSA shall include data sufficient to support its petition, as set forth in this subpart, disaggregated by MSA. ( 2 ) A price cap LEC may request pricing flexibility for two or more MSAs in a single petition, provided that it submits supporting data disaggregated by MSA. ( b ) Non-MSA. ( 1 ) A price cap LEC will receive pricing flexibility with respect to those parts of a study area that fall outside of any MSA, provided that it provides data sufficient to support a finding that competitors have collocated in a number of wire centers in that non-MSA region sufficient to satisfy the criteria for the pricing flexibility sought in the petition, as set forth in this subpart, if the region at issue were an MSA. ( 2 ) The petitioner may aggregate data for all the non-MSA regions in a single study area for which it requests pricing flexibility in its petition. ( 3 ) A petitioner may request pricing flexibility in the non-MSA regions of two or more of its study areas, provided that it submits supporting data disaggregated by study area. § 69.709 Dedicated transport and special access services other than channel terminations between LEC end offices and customer premises. ( a ) Scope. This paragraph governs requests for pricing flexibility with respect to the following services: ( 1 ) Entrance facilities, as described in § 69.110 . ( 2 ) Transport of traffic over dedicated transport facilities between the serving wire center and the tandem switching office, as described in § 69.111(a)(2)(iii) . ( 3 ) Direct-trunked transport, as described in § 69.112 . ( 4 ) Special access services, as described in § 69.114 , other than channel terminations as defined in § 69.703(a)(2) of this part . ( b ) Phase I triggers. To obtain Phase I pricing flexibility, as specified in § 69.727(a) of this part , for the services described in paragraph (a) of this section, a price cap LEC must show that, in the relevant area as described in § 69.707 of this part , competitors unaffiliated with the price cap LEC have collocated: ( 1 ) In fifteen percent of the petitioner's wire centers, and that at least one such collocator in each wire center is using transport facilities owned by a transport provider other than the price cap LEC to transport traffic from that wire center; or ( 2 ) In wire centers accounting for 30 percent of the petitioner's revenues from dedicated transport and special access services other than channel terminations between LEC end offices and customer premises, determined as specified in § 69.725 of this part , and that at least one such collocator in each wire center is using transport facilities owned by a transport provider other than the price cap LEC to transport traffic from that wire center. ( c ) Phase II triggers. To obtain Phase II pricing flexibility, as specified in § 69.727(b) of this part , for the services described in paragraph (a) of this section, a price cap LEC must show that, in the relevant area as described in § 69.707 of this part , competitors unaffiliated with the price cap LEC have collocated: ( 1 ) in 50 percent of the petitioner's wire centers, and that at least one such collocator in each wire center is using transport facilities owned by a transport provider other than the price cap LEC to transport traffic from that wire center; or ( 2 ) in wire centers accounting for 65 percent of the petitioner's revenues from dedicated transport and special access services other than channel terminations between LEC end offices and customer premises, determined as specified in § 69.725 of this part , and that at least one such collocator in each wire center is using transport facilities owned by a transport provider other than the price cap LEC to transport traffic from that wire center. § 69.711 Channel terminations between LEC end offices and customer premises. ( a ) Scope. This paragraph governs requests for pricing flexibility with respect to channel terminations between LEC end offices and customer premises. ( b ) Phase I triggers. To obtain Phase I pricing flexibility, as specified in § 69.727(a) of this part , for channel terminations between LEC end offices and customer premises, a price cap LEC must show that, in the relevant area as described in § 69.707 of this part , competitors unaffiliated with the price cap LEC have collocated: ( 1 ) In 50 percent of the petitioner's wire centers, and that at least one such collocator in each wire center is using transport facilities owned by a transport provider other than the price cap LEC to transport traffic from that wire center; or ( 2 ) In wire centers accounting for 65 percent of the petitioner's revenues from channel terminations between LEC end offices and customer premises, determined as specified in § 69.725 of this part , and that at least one such collocator in each wire center is using transport facilities owned by a transport provider other than the price cap LEC to transport traffic from that wire center. ( c ) Phase II triggers. To obtain Phase II pricing flexibility, as specified in § 69.727(b) of this part , for channel terminations between LEC end offices and customer premises, a price cap LEC must show that, in the relevant area as described in § 69.707 , competitors unaffiliated with the price cap LEC have collocated: ( 1 ) In 65 percent of the petitioner's wire centers, and that at least one such collocator in each wire center is using transport facilities owned by a transport provider other than the price cap LEC to transport traffic from that wire center; or ( 2 ) In wire centers accounting for 85 percent of the petitioner's revenues from channel terminations between LEC end offices and customer premises, determined as specified in § 69.725 , and that at least one such collocator in each wire center is using transport facilities owned by a transport provider other than the price cap LEC to transport traffic from that wire center. § 69.713 Common line, traffic-sensitive, and tandem-switched transport services. ( a ) Scope. This paragraph governs requests for pricing flexibility with respect to the following services: ( 1 ) Common line services, as described in §§ 69.152 , 69.153 , and 69.154 . ( 2 ) Services in the traffic-sensitive basket, as described in § 61.42(d)(2) of this chapter . ( 3 ) The traffic-sensitive components of tandem-switched transport services, as described in §§ 69.111(a)(2)(i) and (ii) . ( b ) Phase I triggers. ( 1 ) To obtain Phase I pricing flexibility, as specified in § 69.727(a) , for the services identified in paragraph (a) of this section, a price cap LEC must provide convincing evidence that, in the relevant area as described in § 69.707 , its unaffiliated competitors, in aggregate, offer service to at least 15 percent of the price cap LEC's customer locations. ( 2 ) For purposes of the showing required by paragraph (b)(1) of this section, the price cap LEC may not rely on service the competitors provide solely by reselling the price cap LEC's services, or provide through unbundled network elements as defined in § 51.5 of this chapter , except that the price cap LEC may rely on service the competitors provide through the use of the price cap LEC's unbundled loops. ( c ) [Reserved] §§ 69.714-69.724 [Reserved] § 69.725 Attribution of revenues to particular wire centers. If a price cap LEC elects to show, in accordance with § 69.709 or § 69.711 , that competitors have collocated in wire centers accounting for a certain percentage of revenues from the services at issue, the LEC must make the following revenue allocations: ( a ) For entrance facilities and channel terminations between an IXC POP and a serving wire center, the petitioner shall attribute all the revenue to the serving wire center. ( b ) For channel terminations between a LEC end office and a customer premises, the petitioner shall attribute all the revenue to the LEC end office. ( c ) For any dedicated service routed through multiple wire centers, the petitioner shall attribute 50 percent of the revenue to the wire center at each end of the transmission path, unless the petitioner can make a convincing case in its petition that some other allocation would be more representative of the extent of competitive entry in the MSA or the non-MSA parts of the study area at issue. § 69.727 Regulatory relief. ( a ) Phase I relief. Upon satisfaction of the Phase I triggers specified in § 69.709(b) , § 69.711(b) , or § 69.713(b) for an MSA or the non-MSA parts of a study area, a price cap LEC will be granted the following regulatory relief in that area for the services specified in § 69.709(a) , § 69.711(a) , or § 69.713(a) , respectively: ( 1 ) Volume and term discounts; ( 2 ) Contract tariff authority, provided that ( i ) Contract tariff services are made generally available to all similarly situated customers; and ( ii ) The price cap LEC excludes all contract tariff offerings from price cap regulation pursuant to § 61.42(f)(1) of this chapter . ( iii ) Before the price cap LEC provides a contract tariffed service, under § 69.727(a) , to one of its long-distance affiliates, as described in section 272 of the Communications Act of 1934, as amended, or § 64.1903 of this chapter , the price cap LEC certifies to the Commission that it provides service pursuant to that contract tariff to an unaffiliated customer. ( b ) Phase II relief. Upon satisfaction of the Phase II triggers specified in § 69.709(c) or § 69.711(c) for an MSA or the non-MSA parts of a study area, a price cap LEC will be granted the following regulatory relief in that area for the services specified in §§ 69.709(a) or 69.711(a) , respectively: ( 1 ) Elimination of the rate structure requirements in subpart B of this part ; ( 2 ) Elimination of price cap regulation; and ( 3 ) Filing of tariff revisions on one day's notice, notwithstanding the notice requirements for tariff filings specified in § 61.58 of this chapter . § 69.729 New services. ( a ) Except for new services subject to paragraph (b) of this section, a price cap LEC may obtain pricing flexibility for a new service that has not been incorporated into a price cap basket by demonstrating in its pricing flexibility petition that the new service would be properly incorporated into one of the price cap baskets and service bands for which the price cap LEC seeks pricing flexibility. ( b ) Notwithstanding paragraph (a) of this section, a price cap LEC must demonstrate satisfaction of the triggers in § 69.711(b) to be granted pricing flexibility for any new service that falls within the definition of a “channel termination between a LEC end office and a customer premises” as specified in § 69.703(a)(2) . § 69.731 Low-end adjustment mechanism. ( a ) Any price cap LEC obtaining Phase I or Phase II pricing flexibility for any service in any MSA in its service region, or for the non-MSA portion of any study area in its service region, shall be prohibited from making any low-end adjustment pursuant to § 61.45(d)(1)(vii) of this chapter in all or part of its service region. ( b ) Any affiliate of any price cap LEC obtaining Phase I or Phase II pricing flexibility for any service in any MSA in its service region shall be prohibited from making any low-end adjustment pursuant to § 61.45(d)(1)(vii) of this chapter in all or part of its service region. Subpart I—Business Data Services Source: 82 FR 25711 , June 2, 2017, unless otherwise noted. § 69.801 Definitions. ( a ) Business data services. The dedicated point-to-point transmission of data at certain guaranteed speeds and service levels using high-capacity connections. ( b ) Competitive market test. The competitive market test is defined in § 69.803 . ( c ) County. A county or county equivalent as defined in § 10.10 of this chapter . County-equivalents include parishes, boroughs, independent cities, census areas, the District of Columbia, and various entities in the territories. ( d ) End user channel termination. A dedicated channel connecting a local exchange carrier end office and a customer premises, offered for purposes of carrying special access traffic. ( e ) Grandfathered market. A county that does not satisfy the competitive market test set forth in § 69.803 for which a price cap local exchange carrier obtained Phase II relief pursuant to § 69.711(c) . ( f ) Market deemed competitive. A county that satisfies the competitive market test set forth in § 69.803 . ( g ) Market deemed non-competitive. A county that does not satisfy the competitive market test set forth in § 69.803 . ( h ) Non-disclosure agreement. A non-disclosure agreement is a contract, contractual provision, or tariff provision wherein a party agrees not to disclose certain information shared by the other party. ( i ) Special access data collection. The special access data collection refers to the data and other information the Commission collected from business data services providers and purchasers pursuant to its December 18, 2012 Report and Order in WC Docket 05-25. ( j ) Transport includes interoffice facilities, channel terminations between the serving wire center and point of presence, and all special access services that are described in § 69.114 other than end user channel terminations. § 69.803 Competitive market test. ( a ) The competitive market test is used to determine which counties served by a price cap local exchange carrier, as defined in § 61.3(bb) of this chapter , are deemed competitive and therefore warrant relief from price cap regulation and detariffing of DS1 and DS3 end user channel terminations, and certain other business data services, sold by such carriers. ( b ) Initial test. A county is deemed competitive in the initial competitive market test if: ( 1 ) Either 50 percent of the locations with business data services demand within the county are within one half mile of a location served by a competitive provider based on data from the special access data collection, or 75 percent of the census blocks within the county are reported to have broadband connection availability by a cable operator based on Form 477 data as of December 2016. Lists of counties deemed competitive, non-competitive or grandfathered by the initial competitive market test are published on the Commission's Web site. ( 2 ) The DS1 and DS3 end user channel terminations sold by price cap local exchange carriers in counties deemed competitive are no longer subject to price cap regulation and are detariffed according to § 61.201 . ( c ) Subsequent tests. The results of the initial competitive market test will be updated every three years following the effective date of the initial test. ( 1 ) A county will be deemed competitive in a subsequent competitive market test if 75 percent of the census blocks within the county are reported to have broadband connection availability by a cable operator based on Form 477 data as of the date of the most recent collection. ( 2 ) No later than three years following the effective date of the previous test, the Wireline Competition Bureau will conclude a subsequent test and will publish a revised list of counties deemed competitive at the conclusion of the test. ( 3 ) A county deemed competitive in the competitive market test will retain its status in subsequent tests. § 69.805 Prohibition on certain non-disclosure agreement conditions. ( a ) In markets deemed non-competitive, buyers and sellers of business data services shall not enter into a tariff, contract-based tariff, or commercial agreement, including but not limited to master service agreement, that contains a non-disclosure agreement as defined in § 69.801(g) , that restricts or prohibits disclosure of information to the Commission, or requires a prior request or legal compulsion by the Commission to effect such disclosure. ( b ) Confidential information subject to a protective order as defined in § 0.461 of this chapter in effect as of the effective date of a tariff, contract-based tariff, or commercial agreement must be submitted pursuant to the terms of that protective order or otherwise pursuant to the Commission's rules regarding submission of confidential data in §§ 0.457(d) and 0.459 . § 69.807 Regulatory relief. ( a ) Price cap local exchange carrier TDM transport, end user channel terminations in markets deemed competitive, and end user channel terminations in grandfathered markets for a price cap local exchange carrier that was granted Phase II pricing flexibility prior to June 2017, are granted the following regulatory relief: ( 1 ) Elimination of the rate structure requirements contained in subpart B of this part ; ( 2 ) Elimination of price cap regulation; and ( 3 ) Elimination of tariffing requirements as specified in § 61.201 of this chapter . ( b ) Price cap local exchange carrier end user channel terminations in markets deemed non-competitive are granted the following regulatory relief: ( 1 ) Ability to offer volume and term discounts; ( 2 ) Ability to enter into contract-based tariffs, provided that: ( i ) Contract-based tariff services are made generally available to all similarly situated customers; ( ii ) The price cap local exchange carrier excludes all contract-based tariff offerings from price cap regulation pursuant to § 61.42(f) of this chapter ; ( 3 ) Ability to file tariff revisions on at least one day's notice, notwithstanding the notice requirements for tariff filings specified in § 61.58 of this chapter . ( c ) A price cap local exchange carrier that was granted Phase II pricing flexibility prior to June 2017 in a grandfathered market must retain its business data services rates at levels no higher than those in effect as of April 20, 2017, pending the detariffing of those services pursuant to § 61.201 of this chapter . [ 82 FR 25711 , June 2, 2017, as amended at 84 FR 38579 , Aug. 7, 2019] § 69.809 Low-end adjustment mechanism. ( a ) Any price cap local exchange carrier or any affiliate of any price cap local exchange carrier that had obtained Phase II pricing flexibility under § 69.709 or § 69.711 for any service in any MSA in its service region, or for the non-MSA portion of any study area in its service region, shall be prohibited from making any low-end adjustment pursuant to § 61.45(d)(1)(vii) of this chapter in all or part of its service region. ( b ) Any price cap local exchange carrier or any affiliate of any price cap local exchange carrier that exercises the regulatory relief pursuant to § 69.807 in any part of its service region shall be prohibited from making any low-end adjustment pursuant to § 61.45(d)(1)(vii) of this chapter in all or part of its service region. ( c ) Any price cap local exchange carrier or any affiliate of any price cap local exchange carrier that exercises the option to use generally accepted accounting principles rather than the uniform system of accounts pursuant to § 32.11(g) of this chapter shall be prohibited from making any low-end adjustment pursuant to § 61.45(d)(1)(vii) of this chapter in all or part of its service region.
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PART 9—911 REQUIREMENTS Authority: 47 U.S.C. 151-154 , 152(a) , 155(c) , 157 , 160 , 201 , 202 , 208 , 210 , 214 , 218 , 219 , 222 , 225 , 251(e) , 255 , 301 , 302 , 303 , 307 , 308 , 309 , 310 , 316 , 319 , 332 , 403 , 405 , 605 , 610 , 615 , 615 note , 615a , 615b , 615c , 615a-1 , 616 , 620 , 621 , 623 , 623 note , 721 , and 1471 , and Section 902 of Title IX, Division FF, Pub. L. 116-260 , 134 Stat. 1182, unless otherwise noted. Source: 84 FR 66760 , Dec. 5, 2019, unless otherwise noted. Subpart A—Purpose and Definitions § 9.1 Purpose. The purpose of this part is to set forth the 911 and E911 service requirements and conditions applicable to telecommunications carriers (subpart B); commercial mobile radio service (CMRS) providers (subpart C); interconnected Voice over Internet Protocol (VoIP) providers (subpart D); providers of telecommunications relay services (TRS) for persons with disabilities (subpart E); multi-line telephone systems (MLTS) (subpart F); and Mobile-Satellite Service (MSS) providers (subpart G). The rules in this part also include requirements to help ensure the resiliency, redundancy, and reliability of communications systems, particularly 911 and E911 networks and/or systems (subpart H). § 9.2 [Reserved] § 9.3 Definitions. Terms with definitions including the “(RR)” designation are defined in the same way in § 2.1 of this chapter and in the Radio Regulations of the International Telecommunication Union. 911 calls. Any call initiated by an end user by dialing 911 for the purpose of accessing an emergency service provider. For wireless carriers, all 911 calls include those they are required to transmit pursuant to subpart C of this part . Alternative location information. Location information (which may be coordinate-based) sufficient to identify the caller's civic address and approximate in-building location, including floor level, in large buildings. Appropriate local emergency authority. An emergency answering point that has not been officially designated as a Public Safety Answering Point (PSAP), but has the capability of receiving 911 calls and either dispatching emergency services personnel or, if necessary, relaying the call to another emergency service provider. An appropriate local emergency authority may include, but is not limited to, an existing local law enforcement authority, such as the police, county sheriff, local emergency medical services provider, or fire department. Automated dispatchable location. Automatic generation of dispatchable location. Automatic Location Information (ALI). Information transmitted while providing E911 service that permits emergency service providers to identify the geographic location of the calling party. Automatic Number Identification (ANI). For 911 systems, the Automatic Number Identification (ANI) identifies the calling party and may be used as the callback number. Commercial mobile radio service (CMRS). A mobile service that is: ( 1 ) ( i ) Provided for profit, i.e., with the intent of receiving compensation or monetary gain; ( ii ) An interconnected service; and ( iii ) Available to the public, or to such classes of eligible users as to be effectively available to a substantial portion of the public; or ( 2 ) The functional equivalent of such a mobile service described in paragraph (1) of this definition. ( 3 ) A variety of factors may be evaluated to make a determination whether the mobile service in question is the functional equivalent of a commercial mobile radio service, including: Consumer demand for the service to determine whether the service is closely substitutable for a commercial mobile radio service; whether changes in price for the service under examination, or for the comparable commercial mobile radio service, would prompt customers to change from one service to the other; and market research information identifying the targeted market for the service under review. ( 4 ) Unlicensed radio frequency devices under part 15 of this chapter are excluded from this definition of Commercial mobile radio service. Common carrier or carrier. Any common carrier engaged in interstate Communication by wire or radio as defined in section 3(h) of the Communications Act of 1934, as amended (the Act), and any common carrier engaged in intrastate communication by wire or radio, notwithstanding sections 2(b) and 221(b) of the Act. Communications assistant (CA). A person who transliterates or interprets conversation between two or more end users of TRS. Configured. The settings or configurations for a particular MLTS installation have been implemented so that the MLTS is fully capable when installed of dialing 911 directly and providing MLTS notification as required under the statute and rules. This does not preclude the inclusion of additional dialing patterns to reach 911. However, if the system is configured with these additional dialing patterns, they must be in addition to the default direct dialing pattern. Designated PSAP. The Public Safety Answering Point (PSAP) designated by the local or state entity that has the authority and responsibility to designate the PSAP to receive wireless 911 calls. Device-based location information. Information regarding the location of a device used to call or text 911 generated all or in part from on-device sensors and data sources. Dispatchable location. A location delivered to the PSAP with a 911 call that consists of the validated street address of the calling party, plus additional information such as suite, apartment or similar information necessary to adequately identify the location of the calling party, except for Commercial Mobile Radio Service providers, which shall convey the location information required by subpart C of this part . Earth station. A station located either on the Earth's surface or within the major portion of the Earth's atmosphere intended for communication: ( 1 ) With one or more space stations; or ( 2 ) With one or more stations of the same kind by means of one or more reflecting satellites or other objects in space. (RR) Emergency Call Center. A facility that subscribers of satellite commercial mobile radio services call when in need of emergency assistance by dialing “911” on their mobile earth station terminals. Feeder link. A radio link from a fixed earth station at a given location to a space station, or vice versa, conveying information for a space radiocommunication service other than the Fixed-Satellite Service. The given location may be at a specified fixed point or at any fixed point within specified areas. (RR) Fixed-Satellite Service (FSS). A radiocommunication service between earth stations at given positions, when one or more satellites are used; the given position may be a specified fixed point or any fixed point within specified areas; in some cases this service includes satellite-to-satellite links, which may also be operated in the inter-satellite service; the Fixed-Satellite Service may also include feeder links of other space radiocommunication services. (RR) Handset-based location technology. A method of providing the location of wireless 911 callers that requires the use of special location-determining hardware and/or software in a portable or mobile phone. Handset-based location technology may also employ additional location-determining hardware and/or software in the CMRS network and/or another fixed infrastructure. iTRS access technology. Any equipment, software, or other technology issued, leased, or provided by an internet-based TRS provider that can be used to make and receive an internet-based TRS call. Improvement to the hardware or software of the system. An improvement to the hardware or software of the MLTS, including upgrades to the core systems of the MLTS, as well as substantial upgrades to the software and any software upgrades requiring a significant purchase. Interconnected VoIP service. ( 1 ) An interconnected Voice over Internet Protocol (VoIP) service is a service that: ( i ) Enables real-time, two-way voice communications; ( ii ) Requires a broadband connection from the user's location; ( iii ) Requires internet protocol-compatible customer premises equipment (CPE); and ( iv ) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network. ( 2 ) Notwithstanding the foregoing, solely for purposes of compliance with the Commission's 911 obligations, an interconnected VoIP service includes a service that fulfills each of paragraphs (1)(i) through (iii) of this definition and permits users generally to terminate calls to the public switched telephone network. Internet-based TRS (iTRS). A telecommunications relay service (TRS) in which an individual with a hearing or a speech disability connects to a TRS communications assistant using an Internet Protocol-enabled device via the internet, rather than the public switched telephone network. Except as authorized or required by the Commission, internet-based TRS does not include the use of a text telephone (TTY) or RTT over an interconnected voice over Internet Protocol service. Internet Protocol Captioned Telephone Service (IP CTS). A telecommunications relay service that permits an individual who can speak but who has difficulty hearing over the telephone to use a telephone and an Internet Protocol-enabled device via the internet to simultaneously listen to the other party and read captions of what the other party is saying. With IP CTS, the connection carrying the captions between the relay service provider and the relay service user is via the internet, rather than the public switched telephone network. Internet Protocol Relay Service (IP Relay). A telecommunications relay service that permits an individual with a hearing or a speech disability to communicate in text using an Internet Protocol-enabled device via the internet, rather than using a text telephone (TTY) and the public switched telephone network. Location-capable handsets. Portable or mobile phones that contain special location-determining hardware and/or software, which is used by a licensee to locate 911 calls. Location-based routing. The use of information regarding the location of a device, including but not limited to device-based location information, to deliver 911 calls and real-time text communications to point(s) designated by the authorized local or state entity to receive wireless 911 voice calls and real-time text communications to 911, such as an Emergency Services internet Protocol Network (ESInet) or PSAP, or to an appropriate local emergency authority. MLTS notification. An MLTS feature that can send notice to a central location at the facility where the system is installed or to another person or organization regardless of location. Examples of notification include conspicuous on-screen messages with audible alarms for security desk computers using a client application, text messages for smartphones, and email for administrators. Notification shall include, at a minimum, the following information: ( 1 ) The fact that a 911 call has been made; ( 2 ) A valid callback number; and ( 3 ) The information about the caller's location that the MLTS conveys to the public safety answering point (PSAP) with the call to 911; provided, however, that the notification does not have to include a callback number or location information if it is technically infeasible to provide this information. Mobile Earth Station. An earth station in the Mobile-Satellite Service intended to be used while in motion or during halts at unspecified points. (RR) Mobile-Satellite Service (MSS). ( 1 ) A radiocommunication service: ( i ) Between mobile earth stations and one or more space stations, or between space stations used by this service; or ( ii ) Between mobile earth stations, by means of one or more space stations. ( 2 ) This service may also include feeder links necessary for its operation. (RR) Mobile service. A radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes: ( 1 ) Both one-way and two-way radio communications services; ( 2 ) A mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation; and ( 3 ) Any service for which a license is required in a personal communications service under part 24 of this chapter . Network-based location technology. A method of providing the location of wireless 911 callers that employs hardware and/or software in the CMRS network and/or another fixed infrastructure, and does not require the use of special location-determining hardware and/or software in the caller's portable or mobile phone. Multi-line telephone system or MLTS. A system comprised of common control units, telephone sets, control hardware and software and adjunct systems, including network and premises based systems, such as Centrex and VoIP, as well as PBX, Hybrid, and Key Telephone Systems (as classified by the Commission under part 68 of title 47, Code of Federal Regulations ), and includes systems owned or leased by governmental agencies and non-profit entities, as well as for profit businesses. Non-English language relay service. A telecommunications relay service that allows persons with hearing or speech disabilities who use languages other than English to communicate with voice telephone users in a shared language other than English, through a CA who is fluent in that language. On-premises. In the context of a multi-line telephone system, within the fixed property ( e.g. building(s), facilities, or campus) and under the operational control of a single administrative authority. Person engaged in the business of installing an MLTS. A person that configures the MLTS or performs other tasks involved in getting the system ready to operate. These tasks may include, but are not limited to, establishing the dialing pattern for emergency calls, determining how calls will route to the Public Switched Telephone Network (PSTN), and determining where the MLTS will interface with the PSTN. These tasks are performed when the system is initially installed, but they may also be performed on a more or less regular basis by the MLTS operator as the communications needs of the enterprise change. The MLTS installer may be the MLTS manager or a third party acting on behalf of the manager. Person engaged in the business of managing an MLTS. The entity that is responsible for controlling and overseeing implementation of the MLTS after installation. These responsibilities include determining how lines should be distributed (including the adding or moving of lines), assigning and reassigning telephone numbers, and ongoing network configuration. Person engaged in the business of manufacturing, importing, selling, or leasing an MLTS. A person that manufactures, imports, sells, or leases an MLTS. Person engaged in the business of operating an MLTS. A person responsible for the day-to-day operations of the MLTS. Pre-configured. An MLTS that comes equipped with hardware and/or software capable of establishing a setting that enables users to directly dial 911 as soon as the system is able to initiate calls to the public switched telephone network, so long as the MLTS is installed and operated properly. This does not preclude the inclusion of additional dialing patterns to reach 911. However, if the system is configured with these additional dialing patterns, they must be in addition to the default direct dialing pattern. Private mobile radio service. A mobile service that meets neither the paragraph (1) nor paragraph (2) in the definition of commercial mobile radio service in this section. A mobile service that does not meet paragraph (1) in the definition of commercial mobile radio service in this section is presumed to be a private mobile radio service. Private mobile radio service includes the following: ( 1 ) Not-for-profit land mobile radio and paging services that serve the licensee's internal communications needs as defined in part 90 of this chapter . Shared-use, cost-sharing, or cooperative arrangements, multiple licensed systems that use third party managers or users combining resources to meet compatible needs for specialized internal communications facilities in compliance with the safeguards of § 90.179 of this chapter are presumptively private mobile radio services; ( 2 ) Mobile radio service offered to restricted classes of eligible users. This includes entities eligible in the Public Safety Radio Pool and Radiolocation service. ( 3 ) 220-222 MHz land mobile service and Automatic Vehicle Monitoring systems ( part 90 of this chapter ) that do not offer interconnected service or that are not-for-profit; and ( 4 ) Personal Radio Services under part 95 of this chapter (General Mobile Services, Radio Control Radio Services, and Citizens Band Radio Services); Maritime Service Stations (excluding Public Coast stations) ( part 80 of this chapter ); and Aviation Service Stations ( part 87 of this chapter ). Pseudo Automatic Number Identification (Pseudo-ANI). A number, consisting of the same number of digits as ANI, that is not a North American Numbering Plan telephone directory number and may be used in place of an ANI to convey special meaning. The special meaning assigned to the pseudo-ANI is determined by agreements, as necessary, between the system originating the call, intermediate systems handling and routing the call, and the destination system. Public safety answering point or PSAP. An answering point that has been designated to receive 911 calls and route them to emergency services personnel. Public Switched Network. Any common carrier switched network, whether by wire or radio, including local exchange carriers, interexchange carriers, and mobile service providers, that uses the North American Numbering Plan in connection with the provision of switched services. Real-Time Text (RTT). Text communications that are transmitted over Internet Protocol (IP) networks immediately as they are created, e.g., on a character-by-character basis. Registered internet-based TRS user. An individual that has registered with a VRS, IP Relay, or IP CTS provider as described in § 64.611 . Registered Location. The most recent information obtained by a provider of interconnected VoIP service or telecommunications relay services (TRS), as applicable, that identifies the physical location of an end user. Space station. A station located on an object which is beyond, is intended to go beyond, or has been beyond, the major portion of the Earth's atmosphere. (RR) Speech-to-speech relay service (STS). A telecommunications relay service that allows individuals with speech disabilities to communicate with voice telephone users through the use of specially trained CAs who understand the speech patterns of persons with speech disabilities and can repeat the words spoken by that person. Statewide default answering point. An emergency answering point designated by the State to receive 911 calls for either the entire State or those portions of the State not otherwise served by a local PSAP. Station. A station equipped to engage in radio communication or radio transmission of energy ( 47 U.S.C. 153(k) ). Telecommunications relay services (TRS). Telephone transmission services that provide the ability for an individual who has a hearing or speech disability to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech disability to communicate using voice communication services by wire or radio. Such term includes services that enable two-way communication between an individual who uses a text telephone or other nonvoice terminal device and an individual who does not use such a device, speech-to-speech services, video relay services and non-English relay services. TRS supersedes the terms “dual party relay system,” “message relay services,” and “TDD Relay.” Text telephone (TTY). A machine that employs graphic communication in the transmission of coded signals through a wire or radio communication system. TTY supersedes the term “TDD” or “telecommunications device for the deaf,” and TT. Video relay service (VRS). A telecommunications relay service that allows people with hearing or speech disabilities who use sign language to communicate with voice telephone users through video equipment. The video link allows the CA to view and interpret the party's signed conversation and relay the conversation back and forth with a voice caller. Wireline E911 Network. A dedicated wireline network that: ( 1 ) Is interconnected with but largely separate from the public switched telephone network; ( 2 ) Includes a selective router; and ( 3 ) Is used to route emergency calls and related information to PSAPs, designated statewide default answering points, appropriate local emergency authorities or other emergency answering points. [ 84 FR 66760 , Dec. 5, 2019, as amended at 89 FR 18523 , Mar. 13, 2024] Subpart B—Telecommunications Carriers § 9.4 Obligation to transmit 911 calls. All telecommunications carriers shall transmit all 911 calls to a PSAP, to a designated statewide default answering point, or to an appropriate local emergency authority as set forth in § 9.5 . § 9.5 Transition to 911 as the universal emergency telephone number. As of December 11, 2001, except where 911 is already established as the exclusive emergency number to reach a PSAP within a given jurisdiction, telecommunications carriers shall comply with the following transition periods: ( a ) Where a PSAP has been designated, telecommunications carriers shall complete all translation and routing necessary to deliver 911 calls to a PSAP no later than September 11, 2002. ( b ) Where no PSAP has been designated, telecommunications carriers shall complete all translation and routing necessary to deliver 911 calls to the statewide default answering point no later than September 11, 2002. ( c ) Where neither a PSAP nor a statewide default answering point has been designated, telecommunications carriers shall complete the translation and routing necessary to deliver 911 calls to an appropriate local emergency authority, within nine months of a request by the State or locality. ( d ) Where no PSAP nor statewide default answering point has been designated, and no appropriate local emergency authority has been selected by an authorized state or local entity, telecommunications carriers shall identify an appropriate local emergency authority, based on the exercise of reasonable judgment, and complete all translation and routing necessary to deliver 911 calls to such appropriate local emergency authority no later than September 11, 2002. ( e ) Once a PSAP is designated for an area where none had existed as of December 11, 2001, telecommunications carriers shall complete the translation and routing necessary to deliver 911 calls to that PSAP within nine months of that designation. § 9.6 Obligation for providing a permissive dialing period. Upon completion of translation and routing of 911 calls to a PSAP, a statewide default answering point, to an appropriate local emergency authority, or, where no PSAP nor statewide default answering point has been designated and no appropriate local emergency authority has been selected by an authorized state or local entity, to an appropriate local emergency authority, identified by a telecommunications carrier based on the exercise of reasonable judgment, the telecommunications carrier shall provide permissive dialing between 911 and any other seven-or ten-digit emergency number or an abbreviated dialing code other than 911 that the public has previously used to reach emergency service providers until the appropriate State or local jurisdiction determines to phase out the use of such seven-or ten-digit number entirely and use 911 exclusively. § 9.7 Obligation for providing an intercept message. Upon termination of permissive dialing, as provided under § 9.6 , telecommunications carriers shall provide a standard intercept message announcement that interrupts calls placed to the emergency service provider using either a seven-or ten-digit emergency number or an abbreviated dialing code other than 911 and informs the caller of the dialing code change. § 9.8 Obligation of fixed telephony providers to convey dispatchable location. ( a ) Providers of fixed telephony services shall provide automated dispatchable location with 911 calls beginning January 6, 2021. ( b ) [Reserved] [ 84 FR 66760 , Dec. 5, 2019, as amended at 85 FR 78022 , Dec. 3, 2020] Subpart C—Commercial Mobile Radio Service § 9.9 Definitions. Interconnection or Interconnected. Direct or indirect connection through automatic or manual means (by wire, microwave, or other technologies such as store and forward) to permit the transmission or reception of messages or signals to or from points in the public switched network. Interconnected service. ( 1 ) A service: ( i ) That is interconnected with the public switched network, or interconnected with the public switched network through an interconnected service provider, that gives subscribers the capability to communicate to or receive communication from all other users on the public switched network; or ( ii ) For which a request for such interconnection is pending pursuant to section 332(c)(1)(B) of the Communications Act, 47 U.S.C. 332(c)(1)(B) . ( 2 ) A mobile service offers interconnected service even if the service allows subscribers to access the public switched network only during specified hours of the day, or if the service provides general access to points on the public switched network but also restricts access in certain limited ways. Interconnected service does not include any interface between a licensee's facilities and the public switched network exclusively for a licensee's internal control purposes. § 9.10 911 Service. Cross Reference Link to an amendment published at 89 FR 34165 , Apr. 30, 2024. ( a ) Scope of section. Except as described in paragraph (r) of this section, the following requirements of paragraphs (a) through (t) of this section are only applicable to CMRS providers, excluding mobile satellite service (MSS) operators, to the extent that they: ( 1 ) Offer real-time, two way switched voice service that is interconnected with the public switched network; and ( 2 ) Use an in-network switching facility that enables the provider to reuse frequencies and accomplish seamless hand-offs of subscriber calls. These requirements are applicable to entities that offer voice service to consumers by purchasing airtime or capacity at wholesale rates from CMRS licensees. ( b ) Basic 911 service. CMRS providers subject to this section must transmit all wireless 911 calls without respect to their call validation process to a Public Safety Answering Point, or, where no Public Safety Answering Point has been designated, to a designated statewide default answering point or appropriate local emergency authority pursuant to § 9.4 , provided that “all wireless 911 calls” is defined as “any call initiated by a wireless user dialing 911 on a phone using a compliant radio frequency protocol of the serving carrier.” ( c ) Access to 911 services. CMRS providers subject to this section must be capable of transmitting 911 calls from individuals with speech or hearing disabilities through means other than mobile radio handsets, e.g., through the use of Text Telephone Devices (TTY). CMRS providers that provide voice communications over IP facilities are not required to support 911 access via TTYs if they provide 911 access via real-time text (RTT) communications, in accordance with 47 CFR part 67 , except that RTT support is not required to the extent that it is not achievable for a particular manufacturer to support RTT on the provider's network. ( d ) Phase I enhanced 911 services. ( 1 ) As of April 1, 1998, or within six months of a request by the designated Public Safety Answering Point as set forth in paragraph (j) of this section, whichever is later, licensees subject to this section must provide the telephone number of the originator of a 911 call and the location of the cell site or base station receiving a 911 call from any mobile handset accessing their systems to the designated Public Safety Answering Point through the use of ANI and Pseudo-ANI. ( 2 ) When the directory number of the handset used to originate a 911 call is not available to the serving carrier, such carrier's obligations under the paragraph (d)(1) of this section extend only to delivering 911 calls and available call party information, including that prescribed in paragraph (l) of this section, to the designated Public Safety Answering Point. Note to paragraph (d): With respect to 911 calls accessing their systems through the use of TTYs, licensees subject to this section must comply with the requirements in paragraphs (d)(1) and (2) of this section, as to calls made using a digital wireless system, as of October 1, 1998. ( e ) Phase II enhanced 911 service. Licensees subject to this section must provide to the designated Public Safety Answering Point Phase II enhanced 911 service, i.e., the location of all 911 calls by longitude and latitude in conformance with Phase II accuracy requirements ( see paragraph (h) of this section). ( f ) Phase-in for network-based location technologies. Licensees subject to this section who employ a network-based location technology shall provide Phase II 911 enhanced service to at least 50 percent of their coverage area or 50 percent of their population beginning October 1, 2001, or within 6 months of a PSAP request, whichever is later; and to 100 percent of their coverage area or 100 percent of their population within 18 months of such a request or by October 1, 2002, whichever is later. ( g ) Phase-in for handset-based location technologies. Licensees subject to this section who employ a handset-based location technology may phase in deployment of Phase II enhanced 911 service, subject to the following requirements: ( 1 ) Without respect to any PSAP request for deployment of Phase II 911 enhanced service, the licensee shall: ( i ) Begin selling and activating location-capable handsets no later than October 1, 2001; ( ii ) Ensure that at least 25 percent of all new handsets activated are location-capable no later than December 31, 2001; ( iii ) Ensure that at least 50 percent of all new handsets activated are location-capable no later than June 30, 2002; and ( iv ) Ensure that 100 percent of all new digital handsets activated are location-capable no later than December 31, 2002, and thereafter. ( v ) By December 31, 2005, achieve 95 percent penetration of location-capable handsets among its subscribers. ( vi ) Licensees that meet the enhanced 911 compliance obligations through GPS-enabled handsets and have commercial agreements with resellers will not be required to include the resellers' handset counts in their compliance percentages. ( 2 ) Once a PSAP request is received, the licensee shall, in the area served by the PSAP, within six months or by October 1, 2001, whichever is later: ( i ) Install any hardware and/or software in the CMRS network and/or other fixed infrastructure, as needed, to enable the provision of Phase II enhanced 911 service; and ( ii ) Begin delivering Phase II enhanced 911 service to the PSAP. ( 3 ) For all 911 calls from portable or mobile phones that do not contain the hardware and/or software needed to enable the licensee to provide Phase II enhanced 911 service, the licensee shall, after a PSAP request is received, support, in the area served by the PSAP, Phase I location for 911 calls or other available best practice method of providing the location of the portable or mobile phone to the PSAP. ( 4 ) Licensees employing handset-based location technologies shall ensure that location-capable portable or mobile phones shall conform to industry interoperability standards designed to enable the location of such phones by multiple licensees. ( h ) Phase II accuracy. Licensees subject to this section shall comply with the following standards for Phase II location accuracy and reliability, to be tested and measured either at the county or at the PSAP service area geographic level, based on outdoor measurements only: ( 1 ) Network-based technologies: ( i ) 100 meters for 67 percent of calls, consistent with the following benchmarks: ( A ) One year from January 18, 2011, carriers shall comply with this standard in 60 percent of counties or PSAP service areas. These counties or PSAP service areas must cover at least 70 percent of the population covered by the carrier across its entire network. Compliance will be measured on a per-county or per-PSAP basis using, at the carrier's election, either: ( 1 ) Network-based accuracy data; or ( 2 ) Blended reporting as provided in paragraph (h)(1)(iv) of this section. ( B ) Three years from January 18, 2011, carriers shall comply with this standard in 70 percent of counties or PSAP service areas. These counties or PSAP service areas must cover at least 80 percent of the population covered by the carrier across its entire network. Compliance will be measured on a per-county or per-PSAP basis using, at the carrier's election, either: ( 1 ) Network-based accuracy data; or ( 2 ) Blended reporting as provided in paragraph (h)(1)(iv) of this section. ( C ) Five years from January 18, 2011, carriers shall comply with this standard in 100% of counties or PSAP service areas covered by the carrier. Compliance will be measured on a per-county or per-PSAP basis, using, at the carrier's election, either: ( 1 ) Network-based accuracy data; ( 2 ) Blended reporting as provided in paragraph (h)(1)(iv) of this section; or ( 3 ) Handset-based accuracy data as provided in paragraph (h)(1)(v) of this section. ( ii ) 300 meters for 90 percent of calls, consistent with the following benchmarks: ( A ) Three years from January 18, 2011, carriers shall comply with this standard in 60 percent of counties or PSAP service areas. These counties or PSAP service areas must cover at least 70 percent of the population covered by the carrier across its entire network. Compliance will be measured on a per-county or per-PSAP basis using, at the carrier's election, either: ( 1 ) Network-based accuracy data; or ( 2 ) Blended reporting as provided in paragraph (h)(1)(iv) of this section. ( B ) Five years from January 18, 2011, carriers shall comply in 70 percent of counties or PSAP service areas. These counties or PSAP service areas must cover at least 80 percent of the population covered by the carrier across its entire network. Compliance will be measured on a per-county or per-PSAP basis using, at the carrier's election, either: ( 1 ) Network-based accuracy data; or ( 2 ) Blended reporting as provided in paragraph (h)(1)(iv) of this section. ( C ) Eight years from January 18, 2011, carriers shall comply in 85 percent of counties or PSAP service areas. Compliance will be measured on a per-county or per-PSAP basis using, at the carrier's election, either: ( 1 ) Network-based accuracy data; ( 2 ) Blended reporting as provided in paragraph (h)(1)(iv) of this section; or ( 3 ) Handset-based accuracy data as provided in paragraph (h)(1)(v) of this section. ( iii ) County-level or PSAP-level location accuracy standards for network-based technologies will be applicable to those counties or PSAP service areas, on an individual basis, in which a network-based carrier has deployed Phase II in at least one cell site located within a county's or PSAP service area's boundary. Compliance with the requirements of paragraphs (h)(1)(i) and (ii) of this section shall be measured and reported independently. ( iv ) Accuracy data from both network-based solutions and handset-based solutions may be blended to measure compliance with the accuracy requirements of paragraphs (h)(1)(i)(A) through (C) and paragraphs (h)(1)(ii)(A) through (C) of this section. Such blending shall be based on weighting accuracy data in the ratio of assisted GPS (“A-GPS”) handsets to non-A-GPS handsets in the carrier's subscriber base. The weighting ratio shall be applied to the accuracy data from each solution and measured against the network-based accuracy requirements of paragraph (h)(1) of this section. ( v ) A carrier may rely solely on handset-based accuracy data in any county or PSAP service area if at least 85 percent of its subscribers, network-wide, use A-GPS handsets, or if it offers A-GPS handsets to subscribers in that county or PSAP service area at no cost to the subscriber. ( vi ) A carrier may exclude from compliance particular counties, or portions of counties, where triangulation is not technically possible, such as locations where at least three cell sites are not sufficiently visible to a handset. Carriers must file a list of the specific counties or portions of counties where they are using this exclusion within 90 days following approval from the Office of Management and Budget for the related information collection. This list must be submitted electronically into PS Docket No. 07-114, and copies must be sent to the National Emergency Number Association, the Association of Public-Safety Communications Officials-International, and the National Association of State 9-1-1 Administrators. Further, carriers must submit in the same manner any changes to their exclusion lists within thirty days of discovering such changes. This exclusion has sunset as of January 18, 2019. ( 2 ) Handset-based technologies: ( i ) Two years from January 18, 2011, 50 meters for 67 percent of calls, and 150 meters for 80 percent of calls, on a per-county or per-PSAP basis. However, a carrier may exclude up to 15 percent of counties or PSAP service areas from the 150-meter requirement based upon heavy forestation that limits handset-based technology accuracy in those counties or PSAP service areas. ( ii ) Eight years from January 18, 2011, 50 meters for 67 percent of calls, and 150 meters for 90 percent of calls, on a per-county or per-PSAP basis. However, a carrier may exclude up to 15 percent of counties or PSAP service areas from the 150-meter requirement based upon heavy forestation that limits handset-based technology accuracy in those counties or PSAP service areas. ( iii ) Carriers must file a list of the specific counties or PSAP service areas where they are using the exclusion for heavy forestation within 90 days following (approval from the Office of Management and Budget for the related information collection). This list must be submitted electronically into PS Docket No. 07-114, and copies must be sent to the National Emergency Number Association, the Association of Public-Safety Communications Officials-International, and the National Association of State 9-1-1 Administrators. Further, carriers must submit in the same manner any changes to their exclusion lists within thirty days of discovering such changes. ( iv ) Providers of new CMRS networks that meet the definition of covered CMRS providers under paragraph (a) of this section must comply with the requirements of paragraphs (h)(2)(i) through (iii) of this section. For this purpose, a “new CMRS network” is a CMRS network that is newly deployed subsequent to the effective date of the Third Report and Order in PS Docket No. 07-114 and that is not an expansion or upgrade of an existing CMRS network. ( 3 ) Latency (Time to First Fix): For purposes of measuring compliance with the location accuracy standards of this paragraph, a call will be deemed to satisfy the standard only if it provides the specified degree of location accuracy within a maximum latency period of 30 seconds, as measured from the time the user initiates the 911 call to the time the location fix appears at the location information center: Provided, however, that the CMRS provider may elect not to include for purposes of measuring compliance therewith any calls lasting less than 30 seconds. ( i ) Indoor location accuracy for 911 and testing requirements — ( 1 ) Definitions. The terms as used in this section have the following meaning: ( i ) Dispatchable location. A location delivered to the PSAP by the CMRS provider with a 911 call that consists of the street address of the calling party, plus additional information such as suite, apartment or similar information necessary to adequately identify the location of the calling party. The street address of the calling party must be validated and, to the extent possible, corroborated against other location information prior to delivery of dispatchable location information by the CMRS provider to the PSAP. ( ii ) Media Access Control (MAC) Address. A location identifier of a Wi-Fi access point. ( iii ) National Emergency Address Database (NEAD). A database that uses MAC address information to identify a dispatchable location for nearby wireless devices within the CMRS provider's coverage footprint. ( iv ) Nationwide CMRS provider. A CMRS provider whose service extends to a majority of the population and land area of the United States. ( v ) Non-nationwide CMRS provider. Any CMRS provider other than a nationwide CMRS provider. ( vi ) Test cities. The six cities (San Francisco, Chicago, Atlanta, Denver/Front Range, Philadelphia, and Manhattan Borough) and surrounding geographic areas that correspond to the six geographic regions specified by the February 7, 2014 ATIS Document, “Considerations in Selecting Indoor Test Regions,” for testing of indoor location technologies. ( 2 ) Indoor location accuracy standards. CMRS providers subject to this section shall meet the following requirements: ( i ) Horizontal location. ( A ) Nationwide CMRS providers shall provide; dispatchable location, or; x/y location within 50 meters, for the following percentages of wireless 911 calls within the following timeframes, measured from the effective date of the adoption of this rule: ( 1 ) Within 2 years: 40 percent of all wireless 911 calls. ( 2 ) Within 3 years: 50 percent of all wireless 911 calls. ( 3 ) Within 5 years: 70 percent of all wireless 911 calls. ( 4 ) Within 6 years: 80 percent of all wireless 911 calls. ( B ) Non-nationwide CMRS providers shall provide; dispatchable location or; x/y location within 50 meters, for the following percentages of wireless 911 calls within the following timeframes, measured from the effective date of the adoption of this rule: ( 1 ) Within 2 years: 40 percent of all wireless 911 calls. ( 2 ) Within 3 years: 50 percent of all wireless 911 calls. ( 3 ) Within 5 years or within six months of deploying a commercially-operating VoLTE platform in their network, whichever is later: 70 percent of all wireless 911 calls. ( 4 ) Within 6 years or within one year of deploying a commercially-operating VoLTE platform in their network, whichever is later: 80 percent of all wireless 911 calls. ( ii ) Vertical location. CMRS providers shall provide vertical location information with wireless 911 calls as described in this section within the following timeframes measured from the effective date of the adoption of this rule: ( A ) Within 3 years: All CMRS providers shall make uncompensated barometric data available to PSAPs with respect to any 911 call placed from any handset that has the capability to deliver barometric sensor information. ( B ) Within 3 years: Nationwide CMRS providers shall develop one or more z-axis accuracy metrics validated by an independently administered and transparent test bed process as described in paragraph (i)(3)(i) of this section, and shall submit the proposed metric or metrics, supported by a report of the results of such development and testing, to the Commission for approval. ( C ) By April 3, 2021: In each of the top 25 cellular market areas (CMAs), nationwide CMRS providers shall deploy either dispatchable location or z-axis technology. ( D ) By April 3, 2023: In each of the top 50 CMAs, nationwide CMRS providers shall deploy either dispatchable location or z-axis technology. ( E ) By April 3, 2025: Nationwide CMRS providers shall deploy on a nationwide basis either dispatchable location or z-axis technology. ( F ) Non-nationwide CMRS providers that serve any of the top 25 or 50 CMAs will have an additional year to meet each of the benchmarks in paragraphs (i)(2)(ii)(C) and (D) of this section. All non-nationwide providers will have an additional year to meet the benchmark in paragraph (i)(2)(ii)(E) of this section by deploying either dispatchable location or z-axis technology throughout their network footprint. ( G ) By January 6, 2022: All CMRS providers shall provide dispatchable location with wireless E911 calls if it is technically feasible for them to do so. ( H ) CMRS providers that deploy z-axis technology must do so consistent with the following z-axis accuracy metric: Within 3 meters above or below (plus or minus 3 meters) the handset for 80% of wireless E911 calls made from the z-axis capable device. CMRS providers must deliver z-axis information in Height Above Ellipsoid. Where available to the CMRS provider, floor level information must be provided in addition to z-axis location information. ( I ) CMRS providers that deploy z-axis technology must do so according to the following options: ( 1 ) In each area where z-axis technology is used, deploy the technology to cover 80 percent of the population or 80 percent of the buildings that exceed three stories; or ( 2 ) Deploy z-axis capable handsets enabled with z-axis technology on a nationwide basis (or throughout the CMRS provider's network footprint, as applicable). ( J ) CMRS providers that deploy z-axis technology must comply with the following: ( 1 ) CMRS providers must activate all network infrastructure necessary to support z-axis location by z-axis capable devices throughout the deployment area. ( 2 ) CMRS providers may deploy z-axis technology upgrades by means of over-the-top applications as well as operating system or firmware upgrades. CMRS providers deploying z-axis technology must affirmatively push the z-axis technology to all existing z-axis capable device models on the provider's network that can receive it, and CMRS providers must continue to support the z-axis technology on these devices thereafter. ( 3 ) A CMRS provider using the handset-based deployment option must make the technology available to existing z-axis capable devices nationwide; a CMRS provider using a CMA-based deployment option must make the technology available to all z-axis capable devices in the CMA. For all new z-axis capable devices marketed to consumers, the z-axis technology must be pre-installed. ( 4 ) A CMRS provider will be deemed to have met its z-axis technology deployment obligation so long as it either pre-installs or affirmatively pushes the location technology to end users so that they receive a prompt or other notice informing them that the application or service is available and what they need to do to download and enable the technology on their phone. A CMRS provider will be deemed in compliance with its z-axis deployment obligation if it makes the technology available to the end user in this manner even if the end user declines to use the technology or subsequently disables it. ( K ) CMRS providers must validate dispatchable location technologies intended for indoor location in accordance with the provisions of paragraph (i)(3)(i) of this section. ( L ) In each CMA where dispatchable location is used, nationwide CMRS providers must ensure that dispatchable location is supported by a sufficient number of total dispatchable location reference points to equal 25 percent of the CMA population. ( M ) A z-axis capable device is one that can measure and report vertical location without a hardware upgrade. For z-axis location solutions that rely on barometric pressure sensor information, only devices that have such sensors installed shall be considered z-axis capable. In the case of location solutions that do not require barometric pressure sensor information, both devices with and without barometric sensors shall be considered z-axis capable, provided that they are software-upgradable. ( iii ) Compliance. Within 60 days after each benchmark date specified in paragraphs (i)(2)(i) and (ii) of this section, CMRS providers must certify that they are in compliance with the location accuracy requirements applicable to them as of that date. CMRS providers shall be presumed to be in compliance by certifying that they have complied with the test bed and live call data provisions described in paragraph (i)(3) of this section. ( A ) All CMRS providers must certify that the indoor location technology (or technologies) used in their networks are deployed consistently with the manner in which they have been tested in the test bed. A CMRS provider must update certification whenever it introduces a new technology into its network or otherwise modifies its network, such that previous performance in the test bed would no longer be consistent with the technology's modified deployment. ( B ) CMRS providers that provide quarterly reports of live call data in one or more of the six test cities specified in paragraph (i)(1)(vi) of this section must certify that their deployment of location technologies throughout their coverage area is consistent with their deployment of the same technologies in the areas that are used for live call data reporting. ( C ) Non-nationwide CMRS providers that do not provide service or report quarterly live call data in any of the six test cities specified in paragraph (i)(1)(vi) of this section must certify that they have verified based on their own live call data that they are in compliance with the requirements of paragraphs (i)(2)(i)(B) and (i)(2)(ii) of this section. ( iv ) Enforcement. PSAPs may seek Commission enforcement within their geographic service area of the requirements of paragraphs (i)(2)(i) and (ii) of this section, but only so long as they have implemented policies that are designed to obtain all location information made available by CMRS providers when initiating and delivering 911 calls to the PSAP. Prior to seeking Commission enforcement, a PSAP must provide the CMRS provider with [30] days written notice, and the CMRS provider shall have an opportunity to address the issue informally. If the issue has not been addressed to the PSAP's satisfaction within 90 days, the PSAP may seek enforcement relief. ( 3 ) Indoor location accuracy testing and live call data reporting — ( i ) Indoor location accuracy test bed. CMRS providers must establish the test bed described in this section within 12 months of the effective date of this rule. CMRS providers must validate technologies intended for indoor location, including dispatchable location technologies and technologies that deliver horizontal and/or vertical coordinates, through an independently administered and transparent test bed process, in order for such technologies to be presumed to comply with the location accuracy requirements of this paragraph. The test bed shall meet the following minimal requirements in order for the test results to be considered valid for compliance purposes: ( A ) Include testing in representative indoor environments, including dense urban, urban, suburban and rural morphologies; ( B ) Test for performance attributes including location accuracy (ground truth as measured in the test bed), latency (Time to First Fix), and reliability (yield); and ( C ) Each test call (or equivalent) shall be independent from prior calls and accuracy will be based on the first location delivered after the call is initiated. ( D ) In complying with paragraph (i)(3)(i)(B) of this section, CMRS providers shall measure yield separately for each individual indoor location morphology (dense urban, urban, suburban, and rural) in the test bed, and based upon the specific type of location technology that the provider intends to deploy in real-world areas represented by that particular morphology. CMRS providers must base the yield percentage based on the number of test calls that deliver a location in compliance with any applicable indoor location accuracy requirements, compared to the total number of calls that successfully connect to the testing network. CMRS providers may exclude test calls that are dropped or otherwise disconnected in 10 seconds or less from calculation of the yield percentage (both the denominator and numerator). ( ii ) Collection and reporting of aggregate live 911 call location data. CMRS providers providing service in any of the Test Cities or portions thereof must collect and report aggregate data on the location technologies used for live 911 calls in those areas. ( A ) CMRS providers subject to this section shall identify and collect information regarding the location technology or technologies used for each 911 call in the reporting area during the calling period. ( B ) CMRS providers subject to this section shall report Test City call location data on a quarterly basis to the Commission, the National Emergency Number Association, the Association of Public Safety Communications Officials, and the National Association of State 911 Administrators, with the first report due 18 months from the effective date of rules adopted in this proceeding. ( C ) CMRS providers subject to this section shall also provide quarterly live call data on a more granular basis that allows evaluation of the performance of individual location technologies within different morphologies (e.g., dense urban, urban, suburban, rural). To the extent available, live call data for all CMRS providers shall delineate based on a per technology basis accumulated and so identified for: ( 1 ) Each of the ATIS ESIF morphologies; ( 2 ) On a reasonable community level basis; or ( 3 ) By census block. This more granular data will be used for evaluation and not for compliance purposes. ( D ) Non-nationwide CMRS providers that operate in a single Test City need only report live 911 call data from that city or portion thereof that they cover. Non-nationwide CMRS providers that operate in more than one Test City must report live 911 call data only in half of the regions (as selected by the provider). In the event a non-nationwide CMRS provider begins coverage in a Test City it previously did not serve, it must update its certification pursuant to paragraph (i)(2)(iii)(C) of this section to reflect this change in its network and begin reporting data from the appropriate areas. All non-nationwide CMRS providers must report their Test City live call data every 6 months, beginning 18 months from the effective date of rules adopted in this proceeding. ( E ) Non-nationwide CMRS providers that do not provide coverage in any of the Test Cities can satisfy the requirement of this paragraph (i)(3)(ii) by collecting and reporting data based on the largest county within its footprint. In addition, where a non-nationwide CMRS provider serves more than one of the ATIS ESIF morphologies, it must include a sufficient number of representative counties to cover each morphology. ( iii ) Data retention. CMRS providers shall retain testing and live call data gathered pursuant to this section for a period of 2 years. ( 4 ) Submission of plans and reports. The following reporting and certification obligations apply to all CMRS providers subject to this section, which may be filed electronically in PS Docket No. 07-114: ( i ) Initial implementation plan. No later than 18 months from the effective date of the adoption of this rule, nationwide CMRS providers shall report to the Commission on their plans for meeting the indoor location accuracy requirements of paragraph (i)(2) of this section. Non-nationwide CMRS providers will have an additional 6 months to submit their implementation plans. ( ii ) Progress reports. No later than 18 months from the effective date of the adoption of this rule), each CMRS provider shall file a progress report on implementation of indoor location accuracy requirements. Non-nationwide CMRS providers will have an additional 6 months to submit their progress reports. All CMRS providers shall provide an additional progress report no later than 36 months from the effective date of the adoption of this rule. The 36-month reports shall indicate what progress the provider has made consistent with its implementation plan, and the nationwide CMRS providers shall include an assessment of their deployment of dispatchable location solutions. For any CMRS provider participating in the development of the NEAD database, this progress report must include detail as to the implementation of the NEAD database described in paragraphs (i)(4)(iii) and (iv) of this section. ( iii ) NEAD privacy and security plan. Prior to activation of the NEAD but no later than 18 months from the effective date of the adoption of this rule, the nationwide CMRS providers shall file with the Commission and request approval for a security and privacy plan for the administration and operation of the NEAD. The plan must include the identity of an administrator for the NEAD, who will serve as a point of contact for the Commission and shall be accountable for the effectiveness of the security, privacy, and resiliency measures. ( iv ) Dispatchable location use certification. Prior to use of dispatchable location information to meet the Commission's 911 horizontal and indoor location accuracy requirements in paragraphs (i)(2)(i) and (ii) of this section, CMRS providers must certify that neither they nor any third party they rely on to obtain dispatchable location information will use dispatchable location information or associated data for any non-911 purpose, except with prior express consent or as otherwise required by law. The certification must state that CMRS providers and any third party they rely on to obtain dispatchable location information will implement measures sufficient to safeguard the privacy and security of dispatchable location information. ( v ) Z-axis use certification. Prior to use of z-axis information to meet the Commission's 911 vertical location accuracy requirements in paragraph (i)(2)(ii) of this section, CMRS providers must certify that neither they nor any third party they rely on to obtain z-axis information will use z-axis information or associated data for any non-911 purpose, except with prior express consent or as otherwise required by law. The certification must state that CMRS providers and any third party they rely on to obtain z-axis information will implement measures sufficient to safeguard the privacy and security of z-axis location information. ( j ) Confidence and uncertainty data. ( 1 ) Except as provided in paragraphs (j)(2) through (4) of this section, CMRS providers subject to this section shall provide for all wireless 911 calls, whether from outdoor or indoor locations, x- and y-axis (latitude, longitude) and z-axis (vertical) confidence and uncertainty information (C/U data) on a per-call basis upon the request of a PSAP. The data shall specify: ( i ) The caller's location with a uniform confidence level of 90 percent, and; ( ii ) The radius in meters from the reported position at that same confidence level. All entities responsible for transporting confidence and uncertainty between CMRS providers and PSAPs, including LECs, CLECs, owners of E911 networks, and emergency service providers, must enable the transmission of confidence and uncertainty data provided by CMRS providers to the requesting PSAP. ( 2 ) Upon meeting the 3-year timeframe pursuant to paragraph (i)(2)(i) of this section, CMRS providers shall provide with wireless 911 calls that have a dispatchable location the C/U data for the x- and y-axis (latitude, longitude) required under paragraph (j)(1) of this section. ( 3 ) Upon meeting the 6-year timeframe pursuant to paragraph (i)(2)(i) of this section, CMRS providers shall provide with wireless 911 calls that have a dispatchable location the C/U data for the x- and y-axis (latitude, longitude) required under paragraph (j)(1) of this section. ( 4 ) Upon meeting the timeframes pursuant to paragraph (i)(2)(ii) of this section, CMRS providers shall provide with wireless 911 calls that have a dispatchable location the confidence and uncertainty data for z-axis (vertical) information required under paragraph (j)(1) of this section. Where available to the CMRS provider, CMRS providers shall provide with wireless 911 calls that have floor level information the confidence and uncertainty data for z-axis (vertical) information required under paragraph (j)(1) of this section. ( k ) Provision of live 911 call data for PSAPs. Notwithstanding other 911 call data collection and reporting requirements in paragraph (i) of this section, CMRS providers must record information on all live 911 calls, including, but not limited to, the positioning source method used to provide a location fix associated with the call. CMRS providers must also record the confidence and uncertainty data that they provide pursuant to paragraphs (j)(1)-(4) of this section. This information must be made available to PSAPs upon request, and shall be retained for a period of two years. ( l ) Reports on Phase II plans. Licensees subject to this section shall report to the Commission their plans for implementing Phase II enhanced 911 service, including the location-determination technology they plan to employ and the procedure they intend to use to verify conformance with the Phase II accuracy requirements by November 9, 2000. Licensees are required to update these plans within thirty days of the adoption of any change. These reports and updates may be filed electronically in a manner to be designated by the Commission. ( m ) Conditions for enhanced 911 services — ( 1 ) Generally. The requirements set forth in paragraphs (d) through (h)(2) and in paragraph (j) of this section shall be applicable only to the extent that the administrator of the applicable designated PSAP has requested the services required under those paragraphs and such PSAP is capable of receiving and using the requested data elements and has a mechanism for recovering the PSAP's costs associated with them. ( 2 ) Commencement of six-month period. ( i ) Except as provided in paragraph (m)(2)(ii) of this section, for purposes of commencing the six-month period for carrier implementation specified in paragraphs (d) , (f) and (g) of this section, a PSAP will be deemed capable of receiving and using the data elements associated with the service requested, if it can demonstrate that it has: ( A ) Ordered the necessary equipment and has commitments from suppliers to have it installed and operational within such six-month period; and ( B ) Made a timely request to the appropriate local exchange carrier for the necessary trunking, upgrades, and other facilities. ( ii ) For purposes of commencing the six-month period for carrier implementation specified in paragraphs (f) and (g) of this section, a PSAP that is Phase I-capable using a Non-Call Path Associated Signaling (NCAS) technology will be deemed capable of receiving and using the data elements associated with Phase II service if it can demonstrate that it has made a timely request to the appropriate local exchange carrier for the ALI database upgrade necessary to receive the Phase II information. ( 3 ) Tolling of six-month period. Where a wireless carrier has served a written request for documentation on the PSAP within 15 days of receiving the PSAP's request for Phase I or Phase II enhanced 911 service, and the PSAP fails to respond to such request within 15 days of such service, the six-month period for carrier implementation specified in paragraphs (d) , (f) , and (g) of this section will be tolled until the PSAP provides the carrier with such documentation. ( 4 ) Carrier certification regarding PSAP readiness issues. At the end of the six-month period for carrier implementation specified in paragraphs (d) , (f) , and (g) of this section, a wireless carrier that believes that the PSAP is not capable of receiving and using the data elements associated with the service requested may file a certification with the Commission. Upon filing and service of such certification, the carrier may suspend further implementation efforts, except as provided in paragraph (m)(4)(x) of this section. ( i ) As a prerequisite to filing such certification, no later than 21 days prior to such filing, the wireless carrier must notify the affected PSAP, in writing, of its intent to file such certification. Any response that the carrier receives from the PSAP must be included with the carrier's certification filing. ( ii ) The certification process shall be subject to the procedural requirements set forth in §§ 1.45 and 1.47 of this chapter . ( iii ) The certification must be in the form of an affidavit signed by a director or officer of the carrier, documenting: ( A ) The basis for the carrier's determination that the PSAP will not be ready; ( B ) Each of the specific steps the carrier has taken to provide the E911 service requested; ( C ) The reasons why further implementation efforts cannot be made until the PSAP becomes capable of receiving and using the data elements associated with the E911 service requested; and ( D ) The specific steps that remain to be completed by the wireless carrier and, to the extent known, the PSAP or other parties before the carrier can provide the E911 service requested. ( iv ) All affidavits must be correct. The carrier must ensure that its affidavit is correct, and the certifying director or officer has the duty to personally determine that the affidavit is correct. ( v ) A carrier may not engage in a practice of filing inadequate or incomplete certifications for the purpose of delaying its responsibilities. ( vi ) To be eligible to make a certification, the wireless carrier must have completed all necessary steps toward E911 implementation that are not dependent on PSAP readiness. ( vii ) A copy of the certification must be served on the PSAP in accordance with § 1.47 of this chapter . The PSAP may challenge in writing the accuracy of the carrier's certification and shall serve a copy of such challenge on the carrier. See §§ 1.45 and 1.47 and 1.720 through 1.740 of this chapter . ( viii ) If a wireless carrier's certification is facially inadequate, the six-month implementation period specified in paragraphs (d) , (f) , and (g) of this section will not be suspended as provided for in paragraph (m)(4) of this section. ( ix ) If a wireless carrier's certification is inaccurate, the wireless carrier will be liable for noncompliance as if the certification had not been filed. ( x ) A carrier that files a certification under this paragraph (m)(4) shall have 90 days from receipt of the PSAP's written notice that it is capable of receiving and using the data elements associated with the service requested to provide such service in accordance with the requirements of paragraphs (d) through (h) of this section. ( 5 ) Modification of deadlines by agreement. Nothing in this section shall prevent Public Safety Answering Points and carriers from establishing, by mutual consent, deadlines different from those imposed for carrier and PSAP compliance in paragraphs (d) , (f) , and (g)(2) of this section. ( n ) Dispatch service. A service provider covered by this section who offers dispatch service to customers may meet the requirements of this section with respect to customers who use dispatch service either by complying with the requirements set forth in paragraphs (b) through (e) of this section, or by routing the customer's emergency calls through a dispatcher. If the service provider chooses the latter alternative, it must make every reasonable effort to explicitly notify its current and potential dispatch customers and their users that they are not able to directly reach a PSAP by calling 911 and that, in the event of an emergency, the dispatcher should be contacted. ( o ) Non-service-initialized handsets. ( 1 ) Licensees subject to this section that donate a non-service-initialized handset for purposes of providing access to 911 services are required to: ( i ) Program each handset with 911 plus the decimal representation of the seven least significant digits of the Electronic Serial Number, International Mobile Equipment Identifier, or any other identifier unique to that handset; ( ii ) Affix to each handset a label which is designed to withstand the length of service expected for a non-service-initialized phone, and which notifies the user that the handset can only be used to dial 911, that the 911 operator will not be able to call the user back, and that the user should convey the exact location of the emergency as soon as possible; and ( iii ) Institute a public education program to provide the users of such handsets with information regarding the limitations of non-service-initialized handsets. ( 2 ) Manufacturers of 911-only handsets that are manufactured on or after May 3, 2004, are required to: ( i ) Program each handset with 911 plus the decimal representation of the seven least significant digits of the Electronic Serial Number, International Mobile Equipment Identifier, or any other identifier unique to that handset; ( ii ) Affix to each handset a label which is designed to withstand the length of service expected for a non-service-initialized phone, and which notifies the user that the handset can only be used to dial 911, that the 911 operator will not be able to call the user back, and that the user should convey the exact location of the emergency as soon as possible; and ( iii ) Institute a public education program to provide the users of such handsets with information regarding the limitations of 911-only handsets. ( 3 ) The following definitions apply for purposes of this paragraph. ( i ) Non-service-initialized handset. A handset for which there is no valid service contract with a provider of the services enumerated in paragraph (a) of this section. ( ii ) 911-only handset. A non-service-initialized handset that is manufactured with the capability of dialing 911 only and that cannot receive incoming calls. ( p ) Reseller obligation. ( 1 ) Beginning December 31, 2006, resellers have an obligation, independent of the underlying licensee, to provide access to basic and enhanced 911 service to the extent that the underlying licensee of the facilities the reseller uses to provide access to the public switched network complies with § 9.10(d) through (g) . ( 2 ) Resellers have an independent obligation to ensure that all handsets or other devices offered to their customers for voice communications and sold after December 31, 2006 are capable of transmitting enhanced 911 information to the appropriate PSAP, in accordance with the accuracy requirements of § 9.10(i) . ( q ) Text-to-911 requirements — ( 1 ) Covered text provider. Notwithstanding any other provisions in this section, for purposes of this paragraph (q) of this section, a “covered text provider” includes all CMRS providers as well as all providers of interconnected text messaging services that enable consumers to send text messages to and receive text messages from all or substantially all text-capable U.S. telephone numbers, including through the use of applications downloaded or otherwise installed on mobile phones. ( 2 ) Automatic bounce-back message. An automatic text message delivered to a consumer by a covered text provider in response to the consumer's attempt to send a text message to 911 when the consumer is located in an area where text-to-911 service is unavailable or the covered text provider does not support text-to-911 service generally or in the area where the consumer is located at the time. ( 3 ) Provision of automatic bounce-back messages. No later than September 30, 2013, all covered text providers shall provide an automatic bounce-back message under the following circumstances: ( i ) A consumer attempts to send a text message to a Public Safety Answering Point (PSAP) by means of the three-digit short code “911”; and ( ii ) The covered text provider cannot deliver the text because the consumer is located in an area where: ( A ) Text-to-911 service is unavailable; or ( B ) The covered text provider does not support text-to-911 service at the time. ( 4 ) Automatic bounce-back message exceptions. ( i ) A covered text provider is not required to provide an automatic bounce-back message when: ( A ) Transmission of the text message is not controlled by the provider; ( B ) A consumer is attempting to text 911, through a text messaging application that requires CMRS service, from a non-service initialized handset; ( C ) When the text-to-911 message cannot be delivered to a PSAP due to failure in the PSAP network that has not been reported to the provider; or ( D ) A consumer is attempting to text 911 through a device that is incapable of sending texts via three digit short codes, provided the software for the device cannot be upgraded over the air to allow text-to-911. ( ii ) The provider of a preinstalled or downloadable interconnected text application is considered to have “control” over transmission of text messages for purposes of paragraph (q)(4)(i)(A) of this section. However, if a user or a third party modifies or manipulates the application after it is installed or downloaded so that it no longer supports bounce-back messaging, the application provider will be presumed not to have control. ( 5 ) Automatic bounce-back message minimum requirements. The automatic bounce-back message shall, at a minimum, inform the consumer that text-to-911 service is not available and advise the consumer or texting program user to use another means to contact emergency services. ( 6 ) Temporary suspension of text-to-911 service. Covered text providers that support text-to-911 must provide a mechanism to allow PSAPs that accept text-to-911 to request temporary suspension of text-to-911 service for any reason, including, but not limited to, network congestion, call taker overload, PSAP failure, or security breach, and to request resumption of text-to-911 service after such temporary suspension. During any period of suspension of text-to-911 service, the covered text provider must provide an automatic bounce-back message to any consumer attempting to text to 911 in the area subject to the temporary suspension. ( 7 ) Roaming. Notwithstanding any other provisions in this section, when a consumer is roaming on a covered text provider's host network pursuant to § 20.12 , the covered text provider operating the consumer's home network shall have the obligation to originate an automatic bounce-back message to such consumer when the consumer is located in an area where text-to-911 service is unavailable, or the home provider does not support text-to-911 service in that area at the time. The host provider shall not impede the consumer's 911 text message to the home provider and/or any automatic bounce-back message originated by the home provider to the consumer roaming on the host network. ( 8 ) Software application provider. A software application provider that transmits text messages directly into the SMS network of the consumer's underlying CMRS provider satisfies the obligations of paragraph (q)(3) of this section provided it does not prevent or inhibit delivery of the CMRS provider's automatic bounce-back message to the consumer. ( 9 ) 911 text message. A 911 text message is a message, consisting of text characters, sent to the short code “911” and intended to be delivered to a PSAP by a covered text provider, regardless of the text messaging platform used. ( 10 ) Delivery of 911 text messages. ( i ) No later than December 31, 2014, all covered text providers must have the capability to route a 911 text message to a PSAP. In complying with this requirement, covered text providers must obtain location information sufficient to route text messages to the same PSAP to which a 911 voice call would be routed, unless the responsible local or state entity designates a different PSAP to receive 911 text messages and informs the covered text provider of that change. All covered text providers using device-based location information that requires consumer activation must clearly inform consumers that they must grant permission for the text messaging application to access the wireless device's location information in order to enable text-to-911. If a consumer does not permit this access, the covered text provider's text application must provide an automated bounce-back message as set forth in paragraph (q)(3) of this section. ( ii ) Covered text providers must begin routing all 911 text messages to a PSAP by June 30, 2015, or within six months of the PSAP's valid request for text-to-911 service, whichever is later, unless an alternate timeframe is agreed to by both the PSAP and the covered text provider. The covered text provider must notify the Commission of the dates and terms of the alternate timeframe within 30 days of the parties' agreement. ( iii ) Valid Request means that: ( A ) The requesting PSAP is, and certifies that it is, technically ready to receive 911 text messages in the format requested; ( B ) The appropriate local or state 911 service governing authority has specifically authorized the PSAP to accept and, by extension, the covered text provider to provide, text-to-911 service; and ( C ) The requesting PSAP has provided notification to the covered text provider that it meets the foregoing requirements. Registration by the PSAP in a database made available by the Commission in accordance with requirements established in connection therewith, or any other written notification reasonably acceptable to the covered text provider, shall constitute sufficient notification for purposes of this paragraph. ( iv ) The requirements set forth in paragraphs (q)(10)(i) through (iii) of this section do not apply to in-flight text messaging providers, MSS providers, or IP Relay service providers, or to 911 text messages that originate from Wi-Fi only locations or that are transmitted from devices that cannot access the CMRS network. ( v ) No later than January 6, 2022, covered text providers must provide the following location information with all 911 text messages routed to a PSAP: Automated dispatchable location, if technically feasible; otherwise, either end-user manual provision of location information, or enhanced location information, which may be coordinate-based, consisting of the best available location that can be obtained from any available technology or combination of technologies at reasonable cost. ( 11 ) Access to SMS networks for 911 text messages. To the extent that CMRS providers offer Short Message Service (SMS), they shall allow access by any other covered text provider to the capabilities necessary for transmission of 911 text messages originating on such other covered text providers' application services. Covered text providers using the CMRS network to deliver 911 text messages must clearly inform consumers that, absent an SMS plan with the consumer's underlying CMRS provider, the covered text provider may be unable to deliver 911 text messages. CMRS providers may migrate to other technologies and need not retain SMS networks solely for other covered text providers' 911 use, but must notify the affected covered text providers not less than 90 days before the migration is to occur. ( r ) Contraband Interdiction System (CIS) requirement. CIS providers regulated as private mobile radio service ( see § 9.3 ) must transmit all wireless 911 calls without respect to their call validation process to a Public Safety Answering Point, or, where no Public Safety Answering Point has been designated, to a designated statewide default answering point or appropriate local emergency authority pursuant to § 9.4 , provided that “all wireless 911 calls” is defined as “any call initiated by a wireless user dialing 911 on a phone using a compliant radio frequency protocol of the serving carrier.” This requirement shall not apply if the Public Safety Answering Point or emergency authority informs the CIS provider that it does not wish to receive 911 calls from the CIS provider. ( s ) Location-based routing requirements — ( 1 ) Wireless 911 voice calls. ( i ) By November 13, 2024, nationwide CMRS providers must deploy a technology that supports location-based routing for wireless 911 voice calls on their internet Protocol-based networks (4G LTE, 5G, and subsequent generations of internet Protocol-based networks) nationwide. At that time, nationwide CMRS providers must route all wireless 911 voice calls originating on their internet Protocol-based networks pursuant to the requirements of paragraph (s)(3) of this section. ( ii ) By May 13, 2026, non-nationwide CMRS providers must deploy a technology that supports location-based routing for wireless 911 voice calls on their internet Protocol-based networks (4G LTE, 5G, and subsequent generations of internet Protocol-based networks). At that time, non-nationwide CMRS providers must route all wireless 911 voice calls originating on their internet Protocol-based networks pursuant to the requirements of paragraph (s)(3) of this section. ( 2 ) Real-time text communications to 911. By May 13, 2026, CMRS providers must deploy a technology that supports location-based routing for real-time text communications to 911 originating on their internet-Protocol-based networks (4G LTE, 5G, and subsequent generations of internet Protocol-based networks). At that time, CMRS providers must route all real-time text communications to 911 originating on their internet Protocol-based networks pursuant to the requirements of paragraph (s)(3) of this section. ( 3 ) Timeliness and accuracy threshold. ( i ) Notwithstanding requirements for confidence and uncertainty described in paragraph (j) of this section, CMRS providers must use location information that meets the following specifications for routing wireless 911 voice calls and real-time text communications to 911 under paragraphs (s)(1) and (2) of this section: ( A ) The location information reports the horizontal location uncertainty level of the device within a radius of 165 meters at a confidence level of at least 90%; and ( B ) The location information is available to the CMRS provider network at the time of routing the wireless 911 voice call or real-time text communication to 911. ( ii ) When the location information does not meet either one or both of the requirements in paragraphs (s)(3)(i)(A) and (B) of this section, CMRS providers must route the wireless 911 voice call or real-time text communication to 911 based on the best available location information, which may include but is not limited to device-based location information that does not meet the requirements in paragraphs (s)(3)(i)(A) and (B), the centroid of the area served by the cell sector that first picks up the call, or other location information. ( 4 ) Certification and reporting. Within 60 days after each benchmark specified in paragraphs (s)(1)(i) and (ii) and (s)(2) of this section, CMRS providers must comply with the following certification and reporting requirements. ( i ) CMRS providers must: ( A ) Certify that they are in compliance with the requirements specified in paragraphs (s)(1)(i) and (ii) and (s)(2) of this section applicable to them; ( B ) Identify specific network architecture, systems, and procedures used to comply with paragraphs (s)(1)(i) and (ii) and (s)(2) of this section, including the extent to which the CMRS provider validates location information for routing purposes and the validation practices used in connection with this information; and ( C ) Certify that neither they nor any third party they rely on to obtain location information or associated data used for compliance with paragraph (s)(1)(i) or (ii) or (s)(2) of this section will use such location information or associated data for any non-911 purpose, except with prior express consent or as otherwise required by law. The certification must state that the CMRS provider and any third parties it relies on to obtain location information or associated data used for compliance with paragraph (s)(1)(i) or (ii) or (s)(2) have implemented measures sufficient to safeguard the privacy and security of such location information or associated data. ( ii ) CMRS providers also must: ( A ) Collect and report aggregate data on the routing technologies used for all live wireless 911 voice calls in the locations specified for live 911 call location data in paragraph (i)(3)(ii) of this section for a thirty-day period which begins on the compliance date(s) specified in paragraphs (s)(1)(i) and (ii) of this section. CMRS providers must retain live wireless 911 voice call data gathered pursuant to this section for a period of 2 years. CMRS providers must collect and report the following data, expressed as both a number and percentage of the total number of live wireless 911 voice calls for which data is collected pursuant to this section: ( 1 ) Live wireless 911 voice calls routed with location-based routing using location information that meets the timeliness and accuracy thresholds defined in paragraphs (s)(3)(i)(A) and (B) of this section; ( 2 ) Live wireless 911 voice calls routed with location-based routing using location information that does not meet the timeliness or accuracy thresholds defined in paragraphs (s)(3)(i)(A) and (B) of this section; and ( 3 ) Live wireless 911 voice calls routed using tower-based routing. ( 5 ) Modification of deadlines by agreement. Nothing in this section shall prevent PSAPs and CMRS providers from establishing, by mutual consent, deadlines different from those established for CMRS provider compliance in paragraphs (s)(1)(i) and (ii) and (s)(2) of this section. The CMRS provider must notify the Commission of the dates and terms of the alternate time frame within 30 days of the parties' agreement or June 11, 2024, whichever is later. The CMRS provider must subsequently notify the Commission of the actual date by which it comes into compliance with the location-based routing requirements in paragraph (s)(1)(i) or (ii) or (s)(2) within 30 days of that date or June 11, 2024, whichever is later. CMRS providers must file such notifications pursuant to this paragraph (s)(5) in PS Docket No. 18-64. The parties may not use this paragraph (s)(5) to delay compliance with paragraph (s)(1)(i) or (ii) or (s)(2) of this section indefinitely. ( 6 ) Compliance dates. Paragraphs (s)(4) and (5) of this section contain information collection and recordkeeping requirements. Compliance with paragraphs (s)(4) and (5) will not be required until after approval by the Office of Management and Budget. The Commission will publish a document in the Federal Register announcing that compliance date and revising or removing this paragraph (s)(6) accordingly. ( t ) Interim 911 requirements for supplemental coverage from space — ( 1 ) Supplemental coverage from space. For purposes of this paragraph (t) , supplemental coverage from space (SCS) has the same meaning as in part 25, subpart A, of this chapter; SCS 911 calls are 911 calls (as defined in § 9.3 ) that are carried over satellite facilities pursuant to a CMRS provider's SCS arrangement; and an SCS 911 text message is a 911 text message (as defined in paragraph (q)(9) of this section) that is carried over satellite facilities pursuant to a CMRS provider's SCS arrangement. ( 2 ) Call Transmission requirements. For purposes of delivering SCS 911 voice calls and SCS 911 text messages, CMRS providers must either: ( i ) Use information regarding the location of a device, including but not limited to device-based location information, to route SCS 911 voice calls and SCS 911 text messages to an appropriate PSAP and transmit the phone number of the device used to send the SCS 911 voice call or SCS 911 text message and available location information to an appropriate PSAP; or ( ii ) Use an emergency call center, at which emergency call center personnel must determine the emergency caller's phone number and location and then transfer or otherwise direct the 911 caller to an appropriate PSAP. [ 84 FR 66760 , Dec. 5, 2019, as amended at 85 FR 2675 , Jan. 16, 2020; 85 FR 53246 , Aug. 28, 2020; 85 FR 70501 , Nov. 5, 2020; 85 FR 78022 , Dec. 3, 2020; 86 FR 19584 , Apr. 14, 2021; 89 FR 18523 , Mar. 13, 2024; 89 FR 34165 , Apr. 30, 2024] Subpart D—Interconnected Voice over Internet Protocol Services § 9.11 E911 Service. ( a ) Before January 6, 2021, for fixed services and before January 6, 2022, for non-fixed services — ( 1 ) Scope. The following requirements of paragraphs (a)(1) through (5) of this section are only applicable to providers of interconnected VoIP services, except those interconnected VoIP services that fulfill each paragraphs (1)(i) through (iii) of the definition of interconnected VoIP service in § 9.3 , and also permit users generally to terminate calls to the public switched telephone network. Further, the following requirements apply only to 911 calls placed by users whose Registered Location is in a geographic area served by a Wireline E911 Network (which, as defined in § 9.3 , includes a selective router). ( 2 ) E911 Service. As of November 28, 2005: ( i ) Interconnected VoIP service providers must, as a condition of providing service to a consumer, provide that consumer with E911 service as described in this section; ( ii ) Interconnected VoIP service providers must transmit all 911 calls, as well as ANI and the caller's Registered Location for each call, to the PSAP, designated statewide default answering point, or appropriate local emergency authority that serves the caller's Registered Location and that has been designated for telecommunications carriers pursuant to § 9.4 , provided that “all 911 calls” is defined as “any voice communication initiated by an interconnected VoIP user dialing 911;” ( iii ) All 911 calls must be routed through the use of ANI and, if necessary, pseudo-ANI, via the dedicated Wireline E911 Network; and ( iv ) The Registered Location must be available to the appropriate PSAP, designated statewide default answering point, or appropriate local emergency authority from or through the appropriate automatic location information (ALI) database. ( 3 ) Service Level Obligation. Notwithstanding the provisions in paragraph (a)(2) of this section, if a PSAP, designated statewide default answering point, or appropriate local emergency authority is not capable of receiving and processing either ANI or location information, an interconnected VoIP service provider need not provide such ANI or location information; however, nothing in this paragraph affects the obligation under paragraph (a)(2)(iii) of this section of an interconnected VoIP service provider to transmit via the Wireline E911 Network all 911 calls to the PSAP, designated statewide default answering point, or appropriate local emergency authority that serves the caller's Registered Location and that has been designated for telecommunications carriers pursuant to § 9.4 . ( 4 ) Registered Location requirement. As of November 28, 2005, interconnected VoIP service providers must: ( i ) Obtain from each customer, prior to the initiation of service, the physical location at which the service will first be used; and ( ii ) Provide their end users one or more methods of updating their Registered Location, including at least one option that requires use only of the CPE necessary to access the interconnected VoIP service. Any method used must allow an end user to update the Registered Location at will and in a timely manner. ( 5 ) Customer notification. Each interconnected VoIP service provider shall: ( i ) Specifically advise every subscriber, both new and existing, prominently and in plain language, of the circumstances under which E911 service may not be available through the interconnected VoIP service or may be in some way limited by comparison to traditional E911 service. Such circumstances include, but are not limited to, relocation of the end user's IP-compatible CPE, use by the end user of a non-native telephone number, broadband connection failure, loss of electrical power, and delays that may occur in making a Registered Location available in or through the ALI database; ( ii ) Obtain and keep a record of affirmative acknowledgement by every subscriber, both new and existing, of having received and understood the advisory described in paragraph (a)(5)(i) of this section; and ( iii ) Either— ( A ) Distribute to its existing subscribers, and to each new subscriber prior to the initiation of that subscriber's service, warning stickers or other appropriate labels warning subscribers if E911 service may be limited or not available and instructing the subscriber to place them on or near the equipment used in conjunction with the interconnected VoIP service; or ( B ) Notify existing subscribers, and each new subscriber prior to the initiation of that subscriber's service, by other conspicuous means if E911 service may be limited or not available. ( b ) On or after January 6, 2021, for fixed services, and on or after January 6, 2022, for non-fixed services — ( 1 ) Scope. The following requirements of paragraphs (b)(1) through (5) of this section are only applicable to all providers of interconnected VoIP services. Further, these requirements apply only to 911 calls placed by users whose dispatchable location is in a geographic area served by a Wireline E911 Network (which, as defined in § 9.3 , includes a selective router). ( 2 ) E911 Service — ( i ) Interconnected VoIP service providers must, as a condition of providing service to a consumer, provide that consumer with E911 service as described in this section; ( ii ) Interconnected VoIP service providers must transmit the following to the PSAP, designated statewide default answering point, or appropriate local emergency authority that serves the caller's dispatchable location and that has been designated for telecommunications carriers pursuant to § 9.4 : ( A ) All 911 calls, provided that “all 911 calls” is defined as “any voice communication initiated by an interconnected VoIP user dialing 911;” ( B ) ANI; and ( C ) The location information described in paragraph (b)(4) of this section. ( iii ) All 911 calls must be routed through the use of ANI and, if necessary, pseudo-ANI, via the dedicated Wireline E911 Network, provided that nothing in this subparagraph shall preclude routing the call first to a national emergency call center to ascertain the caller's location in the event that the interconnected VoIP service provider is unable to obtain or confirm the caller's location information; and ( iv ) The location information described in paragraph (b)(4) of this section must be available to the appropriate PSAP, designated statewide default answering point, or appropriate local emergency authority from or through the appropriate automatic location information (ALI) database. ( 3 ) Service level obligation. Notwithstanding the provisions in paragraph (b)(2) of this section, if a PSAP, designated statewide default answering point, or appropriate local emergency authority is not capable of receiving and processing either ANI or location information, an interconnected VoIP service provider need not provide such ANI or location information; however, nothing in this paragraph affects the obligation under paragraph (b)(2)(iii) of this section of an interconnected VoIP service provider to transmit via the Wireline E911 Network all 911 calls to the PSAP, designated statewide default answering point, or appropriate local emergency authority that serves the caller's dispatchable location and that has been designated for telecommunications carriers pursuant to § 9.4 . ( 4 ) Location requirements. To meet E911 service requirements, interconnected VoIP service providers must provide location information with each 911 call as follows: ( i ) Fixed interconnected VoIP services. Providers of fixed interconnected VoIP services must provide automated dispatchable location with each 911 call. ( ii ) Non-fixed interconnected VoIP services. For non-fixed interconnected VoIP service (service that is capable of being used from more than one location), interconnected VoIP service providers must provide location information in accordance with paragraph (b)(4)(ii)(A) of this section, if technically feasible. Otherwise, interconnected VoIP service providers must either provide location information in accordance with paragraph (b)(4)(ii)(B) or (C), or meet paragraph (b)(4)(ii)(D) of this section. ( A ) Provide automated dispatchable location, if technically feasible. ( B ) Provide Registered Location information that meets the following requirements: ( 1 ) The service provider has obtained from the customer, prior to the initiation of service, the Registered Location (as defined in § 9.3 ) at which the service will first be used; ( 2 ) The service provider has provided end users one or more methods of updating their Registered Location, including at least one option that requires use only of the CPE necessary to access the interconnected VoIP service. Any method used must allow an end user to update the Registered Location at will and in a timely manner; and ( 3 ) The service provider must identify whether the service is being used to call 911 from a different location than the Registered Location, and if so, either: ( i ) Prompt the customer to provide a new Registered Location; or ( ii ) Update the Registered Location without requiring additional action by the customer. ( C ) Provide Alternative Location Information as defined in § 9.3 . ( D ) Route the caller to a national emergency call center. ( 5 ) Customer notification. ( i ) Each interconnected VoIP service provider shall specifically advise every subscriber, both new and existing, prominently and in plain language, of the circumstances under which E911 service may not be available through the interconnected VoIP service or may be in some way limited by comparison to traditional E911 service. Such circumstances include, but are not limited to, relocation of the end user's IP-compatible CPE, use by the end user of a non-native telephone number, broadband connection failure, loss of electrical power, and delays that may occur in making a dispatchable location available in or through the ALI database; ( ii ) Each interconnected VoIP service provider shall obtain and keep a record of affirmative acknowledgement by every subscriber, both new and existing, of having received and understood the advisory described in paragraph (b)(5)(i) of this section; and ( iii ) Each interconnected VoIP service provider shall either: ( A ) Distribute to its existing subscribers, and to each new subscriber prior to the initiation of that subscriber's service, warning stickers or labels warning subscribers if E911 service may be limited or not available, and instructing the subscriber to place them on or near the equipment used in conjunction with the interconnected VoIP service; or ( B ) Notify existing subscribers, and each new subscriber prior to the initiation of that subscriber's service, by other conspicuous means if E911 service may be limited or not available. [ 84 FR 66760 , Dec. 5, 2019, as amended at 85 FR 78022 , Dec. 3, 2020] § 9.12 Access to 911 and E911 service capabilities. ( a ) Access. Subject to the other requirements of this part, an owner or controller of a capability that can be used for 911 or E911 service shall make that capability available to a requesting interconnected VoIP provider as set forth in paragraphs (a)(1) and (2) of this section. ( 1 ) If the owner or controller makes the requested capability available to a CMRS provider, the owner or controller must make that capability available to the interconnected VoIP provider. An owner or controller makes a capability available to a CMRS provider if the owner or controller offers that capability to any CMRS provider. ( 2 ) If the owner or controller does not make the requested capability available to a CMRS provider within the meaning of paragraph (a)(1) of this section, the owner or controller must make that capability available to a requesting interconnected VoIP provider only if that capability is necessary to enable the interconnected VoIP provider to provide 911 or E911 service in compliance with the Commission's rules. ( b ) Rates, terms, and conditions. The rates, terms, and conditions on which a capability is provided to an interconnected VoIP provider under paragraph (a) of this section shall be reasonable. For purposes of this paragraph, it is evidence that rates, terms, and conditions are reasonable if they are: ( 1 ) The same as the rates, terms, and conditions that are made available to CMRS providers, or ( 2 ) In the event such capability is not made available to CMRS providers, the same rates, terms, and conditions that are made available to any telecommunications carrier or other entity for the provision of 911 or E911 service. ( c ) Permissible use. An interconnected VoIP provider that obtains access to a capability pursuant to this section may use that capability only for the purpose of providing 911 or E911 service in accordance with the Commission's rules. Subpart E—Telecommunications Relay Services for Persons with Disabilities § 9.13 Jurisdiction. Any violation of this subpart E by any common carrier engaged in intrastate communication shall be subject to the same remedies, penalties, and procedures as are applicable to a violation of the Act by a common carrier engaged in interstate communication. For purposes of this subpart, all regulations and requirements applicable to common carriers shall also be applicable to providers of interconnected VoIP service as defined in § 9.3 . § 9.14 Emergency calling requirements. ( a ) Emergency call handling requirements for TTY-based TRS providers. TTY-based TRS providers must use a system for incoming emergency calls that, at a minimum, automatically and immediately transfers the caller to an appropriate Public Safety Answering Point (PSAP). An appropriate PSAP is either a PSAP that the caller would have reached if the caller had dialed 911 directly, or a PSAP that is capable of enabling the dispatch of emergency services to the caller in an expeditious manner. ( b ) Additional emergency calling requirements applicable to internet-based TRS providers. ( 1 ) The requirements of paragraphs (b)(2)(i) and (iv) of this section shall not apply to providers of VRS and IP Relay to which § 9.14(c) and (d) apply. ( 2 ) Each provider of internet-based TRS shall: ( i ) When responsible for placing or routing voice calls to the public switched telephone network, accept and handle emergency calls and access, either directly or via a third party, a commercially available database that will allow the provider to determine an appropriate PSAP, designated statewide default answering point, or appropriate local emergency authority that corresponds to the caller's location, and to relay the call to that entity; ( ii ) Implement a system that ensures that the provider answers an incoming emergency call before other non-emergency calls ( i.e., prioritize emergency calls and move them to the top of the queue); ( iii ) Provide 911 and E911 service in accordance with paragraphs (c) through (e) of this section, as applicable; ( iv ) Deliver to the PSAP, designated statewide default answering point, or appropriate local emergency authority, at the outset of the outbound leg of an emergency call, at a minimum, the name of the relay user and location of the emergency, as well as the name of the relay provider, the CA's callback number, and the CA's identification number, thereby enabling the PSAP, designated statewide default answering point, or appropriate local emergency authority to re-establish contact with the CA in the event the call is disconnected; ( v ) In the event one or both legs of an emergency call are disconnected ( i.e., either the call between the TRS user and the CA, or the outbound voice telephone call between the CA and the PSAP, designated statewide default answering point, or appropriate local emergency authority), immediately re-establish contact with the TRS user and/or the appropriate PSAP, designated statewide default answering point, or appropriate local emergency authority and resume handling the call; and ( vi ) Ensure that information obtained as a result of this section is limited to that needed to facilitate 911 services, is made available only to emergency call handlers and emergency response or law enforcement personnel, and is used for the sole purpose of ascertaining a user's location in an emergency situation or for other emergency or law enforcement purposes. ( c ) E911 Service for VRS and IP Relay before January 6, 2021, for fixed services, and before January 6, 2022, for non-fixed services — ( 1 ) Scope. The following requirements of paragraphs (c)(1) through (4) of this section are only applicable to providers of VRS or IP Relay. Further, these requirements apply only to 911 calls placed by registered users whose Registered Location is in a geographic area served by a Wireline E911 Network and is available to the provider handling the call. ( 2 ) E911 Service. VRS or IP Relay providers must, as a condition of providing service to a user: ( i ) Provide that user with E911 service as described in this section; ( ii ) Request, at the beginning of each emergency call, the caller's name and location information, unless the VRS or IP Relay provider already has, or has access to, Registered Location information for the caller; ( iii ) Transmit all 911 calls, as well as ANI, the caller's Registered Location, the name of the VRS or IP Relay provider, and the CA's identification number for each call, to the PSAP, designated statewide default answering point, or appropriate local emergency authority that serves the caller's Registered Location and that has been designated for telecommunications carriers pursuant to § 9.4 , provided that “all 911 calls” is defined as “any communication initiated by an VRS or IP Relay user dialing 911”; ( iv ) Route all 911 calls through the use of ANI and, if necessary, pseudo-ANI, via the dedicated Wireline E911 Network, provided that nothing in this subparagraph shall preclude routing the call first to a call center to ascertain the caller's location in the event that the VRS or IP Relay provider believes the caller may not be located at the Registered Location; and ( v ) Make the Registered Location, the name of the VRS or IP Relay provider, and the CA's identification number available to the appropriate PSAP, designated statewide default answering point, or appropriate local emergency authority from or through the appropriate automatic location information (ALI) database. ( 3 ) Service level obligation. Notwithstanding the provisions in paragraph (c)(2) of this section, if a PSAP, designated statewide default answering point, or appropriate local emergency authority is not capable of receiving and processing either ANI or location information, a VRS or IP Relay provider need not provide such ANI or location information; however, nothing in this paragraph affects the obligation under paragraph (c)(2)(iv) of this section of a VRS or IP Relay provider to transmit via the Wireline E911 Network all 911 calls to the PSAP, designated statewide default answering point, or appropriate local emergency authority that serves the caller's Registered Location and that has been designated for telecommunications carriers pursuant to § 9.4 . ( 4 ) Registered location requirement. VRS and IP Relay providers must: ( i ) Obtain from each Registered internet-based TRS user, prior to the initiation of service, the physical location at which the service will first be used; and ( ii ) If the VRS or IP Relay is capable of being used from more than one location, provide their registered internet-based TRS users one or more methods of updating the user's Registered Location, including at least one option that requires use only of the iTRS access technology necessary to access the VRS or IP Relay. Any method used must allow a registered internet-based TRS user to update the Registered Location at will and in a timely manner. ( d ) E911 Service for VRS and IP Relay on or after January 6, 2021, for fixed services, and on or after January 6, 2022, for non-fixed services — ( 1 ) Scope. The following requirements of paragraphs (d)(1) through (4) of this section are only applicable to providers of VRS or IP Relay. Further, these requirements apply only to 911 calls placed by registered users whose dispatchable location is in a geographic area served by a Wireline E911 Network and is available to the provider handling the call. ( 2 ) E911 Service. VRS or IP Relay providers must, as a condition of providing service to a user: ( i ) Provide that user with E911 service as described in this section; ( ii ) Request, at the beginning of each emergency call, the caller's name and dispatchable location, unless the VRS or IP relay provider already has, or has access to the location information described in paragraph (d)(4) of this section; ( iii ) Transmit the following to the PSAP, designated statewide default answering point, or appropriate local emergency authority that serves the caller's dispatchable location and that has been designated for telecommunications carriers pursuant to § 9.4 : ( A ) All 911 calls, provided that “all 911 calls” is defined as “any communication initiated by an VRS or IP Relay user dialing 911;” ( B ) ANI, the name of the VRS or IP Relay provider, and the CA's identification number for each call; and ( C ) The location information described in paragraph (d)(4) of this section. ( iv ) Route all 911 calls through the use of ANI and, if necessary, pseudo-ANI, via the dedicated Wireline E911 Network, provided that nothing in this subparagraph shall preclude routing the call first to a call center to ascertain the caller's location in the event that the VRS or IP Relay provider is unable to obtain or confirm the caller's location information; and ( v ) Make the location information described in paragraph (d)(4) of this section, the name of the VRS or IP Relay provider, and the CA's identification number available to the appropriate PSAP, designated statewide default answering point, or appropriate local emergency authority from or through the appropriate automatic location information (ALI) database. ( 3 ) Service level obligation. Notwithstanding the provisions in paragraph (d)(2) of this section, if a PSAP, designated statewide default answering point, or appropriate local emergency authority is not capable of receiving and processing either ANI or location information, a VRS or IP Relay provider need not provide such ANI or location information; however, nothing in this paragraph affects the obligation under paragraph (d)(2)(iv) of this section of a VRS or IP Relay provider to transmit via the Wireline E911 Network all 911 calls to the PSAP, designated statewide default answering point, or appropriate local emergency authority that serves the caller's dispatchable location and that has been designated for telecommunications carriers pursuant to § 9.4 . ( 4 ) Location requirements. To meet E911 service requirements, VRS and IP Relay providers must provide location information with each 911 call as follows: ( i ) Fixed VRS and IP Relay services. Providers of fixed VRS and IP Relay services must provide automated dispatchable location with each 911 call. ( ii ) Non-fixed VRS and IP Relay services. For non-fixed VRS and IP Relay services (service that is capable of being used from more than one location), VRS and IP Relay service providers must provide location information in accordance with paragraph (d)(4)(ii)(A) of this section, if technically feasible. Otherwise, VRS and IP Relay service providers must either provide location information in accordance with paragraph (d)(4)(ii)(B) or (C), or meet paragraph (d)(4)(ii)(D) of this section. ( A ) Provide automated dispatchable location, if technically feasible. ( B ) Provide Registered Location information that meets the following requirements: ( 1 ) The service provider has obtained from the customer, prior to the initiation of service, the Registered Location (as defined in § 9.3 ) at which the service will first be used; ( 2 ) The service provider has provided end users one or more methods of updating their Registered Location, including at least one option that requires use only of the internet-based TRS access technology necessary to access the VRS or IP Relay. Any method used must allow an end user to update the Registered Location at will and in a timely manner; and ( 3 ) If the VRS or IP Relay is capable of being used from more than one location, if it is not possible to automatically determine the Registered internet-based TRS user's location at the time of the initiation of an emergency call, verify the current location with the user at the beginning of an emergency call. ( C ) Provide Alternative Location Information as defined in § 9.3 . ( D ) Route the caller to a call center. ( e ) E911 Service for IP CTS on or after January 6, 2021, for fixed services, and on or after January 6, 2022, for non-fixed services — ( 1 ) Scope. The following requirements of paragraphs (e)(1) through (4) of this section are only applicable to “covered IP CTS providers,” who are providers of IP CTS to the extent that the IP CTS provider, itself or through an entity with whom the IP CTS provider contracts, places or routes voice calls to the public switched telephone network. Further, these requirements apply only to 911 calls placed by a registered user whose dispatchable location is in a geographic area served by a Wireline E911 Network and is available to the provider handling the call. ( 2 ) E911 Service. Covered IP CTS providers must, as a condition of providing service to a user: ( i ) Provide that user with E911 service as described in this section; ( ii ) Transmit or provide the following to the PSAP, designated statewide default answering point, or appropriate local emergency authority that serves the caller's dispatchable location and that has been designated for telecommunications carriers pursuant to § 9.4 : ( A ) All 911 calls, provided that “all 911 calls” is defined as “any communication initiated by an IP CTS user dialing 911;” ( B ) With the call, a telephone number that is assigned to the caller and that enables the PSAP, designated statewide default answering point, or appropriate local emergency authority to call the 911 caller back directly, while enabling the caller to receive captions on the callback; and ( C ) The location information described in paragraph (e)(4) of this section. ( iii ) Route all 911 calls through the use of ANI and, if necessary, pseudo-ANI, via the dedicated Wireline E911 Network, provided that nothing in this subparagraph shall preclude routing the call first to a call center to ascertain the caller's location in the event that the covered IP CTS provider is unable to obtain or confirm the caller's location information; and ( iv ) Make the location information described in paragraph (e)(4) of this section and callback number available to the appropriate PSAP, designated statewide default answering point, or appropriate local emergency authority from or through the appropriate automatic location information (ALI) database. ( 3 ) Service level obligation. Notwithstanding the provisions in paragraph (e)(2) of this section, if a PSAP, designated statewide default answering point, or appropriate local emergency authority is not capable of receiving and processing either ANI or location information, a covered IP CTS provider need not provide such ANI or location information; however, nothing in this paragraph affects the obligation under paragraph (e)(2)(iii) of this section of a covered IP CTS provider to transmit via the Wireline E911 Network all 911 calls to the PSAP, designated statewide default answering point, or appropriate local emergency authority that serves the caller's dispatchable location and that has been designated for telecommunications carriers pursuant to § 9.4 . ( 4 ) Location requirements. To meet E911 service requirements, covered IP CTS providers must provide location information with each 911 call as follows: ( i ) Fixed IP CTS. Providers of fixed IP CTS must provide automated dispatchable location with each 911 call. ( ii ) Non-fixed IP CTS. For non-fixed IP CTS (service that is capable of being used from more than one location), covered IP CTS providers must provide location information in accordance with paragraph (e)(4)(ii)(A) of this section, if technically feasible. Otherwise, covered IP CTS providers must either provide location information in accordance with paragraph (e)(4)(ii)(B) or (C), or meet paragraph (e)(4)(iii)(D) of this section. ( A ) Provide automated dispatchable location, if technically feasible. ( B ) Provide Registered Location information that meets the following requirements: ( 1 ) The service provider has obtained from the customer, prior to the initiation of service, the Registered Location (as defined in § 9.3 ) at which the service will first be used; and ( 2 ) The service provider has provided end users one or more methods of updating their Registered Location, including at least one option that requires use only of the internet-based TRS access technology necessary to access the IP CTS. Any method used must allow an end user to update the Registered Location at will and in a timely manner. ( C ) Provide Alternative Location Information as defined in § 9.3 . ( D ) Route the caller to a call center. [ 84 FR 66760 , Dec. 5, 2019, as amended at 85 FR 67450 , Oct. 23, 2020] Subpart F—Multi-Line Telephone Systems § 9.15 Applicability. The rules in this subpart F apply to: ( a ) A person engaged in the business of manufacturing, importing, selling, or leasing multi-line telephone systems; ( b ) A person engaged in the business of installing, managing, or operating multi-line telephone systems; ( c ) Any multi-line telephone system that is manufactured, imported, offered for first sale or lease, first sold or leased, or installed after February 16, 2020. § 9.16 General obligations—direct 911 dialing, notification, and dispatchable location. ( a ) Obligation of manufacturers, importers, sellers, and lessors. ( 1 ) A person engaged in the business of manufacturing, importing, selling, or leasing multi-line telephone systems may not manufacture or import for use in the United States, or sell or lease or offer to sell or lease in the United States, a multi-line telephone system, unless such system is pre-configured such that, when properly installed in accordance with paragraph (b) of this section, a user may directly initiate a call to 911 from any station equipped with dialing facilities, without dialing any additional digit, code, prefix, or post-fix, including any trunk-access code such as the digit 9, regardless of whether the user is required to dial such a digit, code, prefix, or post-fix for other calls. ( 2 ) A person engaged in the business of manufacturing, importing, selling, or leasing multi-line telephone systems may not manufacture or import for use in the United States, or sell or lease or offer to sell or lease in the United States, a multi-line telephone system, unless such system has the capability, after proper installation in accordance with paragraph (b) of this section, of providing the dispatchable location of the caller to the PSAP with 911 calls. ( b ) Obligation of installers, managers, or operators. ( 1 ) A person engaged in the business of installing, managing, or operating multi-line telephone systems may not install, manage, or operate for use in the United States such a system, unless such system is configured such that a user may directly initiate a call to 911 from any station equipped with dialing facilities, without dialing any additional digit, code, prefix, or post-fix, including any trunk-access code such as the digit 9, regardless of whether the user is required to dial such a digit, code, prefix, or post-fix for other calls. ( 2 ) A person engaged in the business of installing, managing, or operating multi-line telephone systems shall, in installing, managing, or operating such a system for use in the United States, configure the system to provide MLTS notification to a central location at the facility where the system is installed or to another person or organization regardless of location, if the system is able to be configured to provide the notification without an improvement to the hardware or software of the system. MLTS notification must meet the following requirements: ( i ) MLTS notification must be initiated contemporaneously with the 911 call, provided that it is technically feasible to do so; ( ii ) MLTS notification must not delay the call to 911; and ( iii ) MLTS notification must be sent to a location where someone is likely to see or hear it. ( 3 ) A person engaged in the business of installing multi-line telephone systems may not install such a system in the United States unless it is configured such that it is capable of being programmed with and conveying the dispatchable location of the caller to the PSAP with 911 calls consistent with paragraphs (i) , (ii) and (iii) of this section. A person engaged in the business of managing or operating multi-line telephone systems may not manage or operate such a system in the United States unless it is configured such that the dispatchable location of the caller is conveyed to the PSAP with 911 calls consistent with paragraphs (i) , (ii) and (iii) of this section. ( i ) Dispatchable location requirements for on-premises fixed telephones associated with a multi-line telephone system. An on-premises fixed telephone associated with a multi-line telephone system shall provide automated dispatchable location no later than January 6, 2021; ( ii ) Dispatchable location requirements for on-premises non-fixed devices associated with a multi-line telephone system. No later than January 6, 2022, an on-premises non-fixed device associated with a multi-line telephone system shall provide to the appropriate PSAP automated dispatchable location, when technically feasible; otherwise, it shall provide dispatchable location based on end user manual update, or alternative location information as defined in § 9.3 . ( iii ) Dispatchable location requirements for off-premises devices associated with a multi-line telephone system. No later than January 6, 2022, an off-premises device associated with a multi-line telephone system shall provide to the appropriate PSAP automatic dispatchable location, if technically feasible; otherwise, it shall provide dispatchable location based on end user manual update, or enhanced location information, which may be coordinate-based, consisting of the best available location that can be obtained from any available technology or combination of technologies at reasonable cost. [ 84 FR 66760 , Dec. 5, 2019, as amended at 85 FR 78022 , Dec. 3, 2020] § 9.17 Enforcement, compliance date, State law. ( a ) Enforcement. ( 1 ) Sections 9.16(a)(1) and (b)(1) and (2) shall be enforced under title V of the Communications Act of 1934, as amended, 47 U.S.C. 501 et seq., except that section 501 applies only to the extent that such section provides for the punishment of a fine. ( 2 ) In the event of noncompliance with § 9.16(b) , the person engaged in the business of managing the multi-line telephone system shall be presumed to be responsible for the noncompliance. ( 3 ) Persons alleging a violation of the rules in § 9.16 may file a complaint under the procedures set forth in §§ 1.711 through 1.737 of this chapter . ( b ) Compliance date. The compliance date for this subpart F is February 16, 2020, unless otherwise noted. Accordingly, the requirements in this subpart apply to a multi-line telephone system that is manufactured, imported, offered for first sale or lease, first sold or leased, or installed after February 16, 2020, unless otherwise noted. ( c ) Effect on State law. Nothing in § 9.16(a)(1) and (b)(1) and (2) is intended to alter the authority of State commissions or other State or local agencies with jurisdiction over emergency communications, if the exercise of such authority is not inconsistent with this subpart. [ 84 FR 66760 , Dec. 5, 2019, as amended at 87 FR 60105 , Oct. 4, 2022] Subpart G—Mobile-Satellite Service § 9.18 Emergency Call Center service. ( a ) Providers of Mobile-Satellite Service to end-user customers ( 47 CFR part 25, subparts A through D ) must provide Emergency Call Center service to the extent that they offer real-time, two way switched voice service that is interconnected with the public switched network and use an in-network switching facility which enables the provider to reuse frequencies and/or accomplish seamless hand-offs of subscriber calls. Emergency Call Center personnel must determine the emergency caller's phone number and location and then transfer or otherwise redirect the call to an appropriate public safety answering point. Providers of Mobile-Satellite Services that use earth terminals that are not capable of use while in motion are exempt from providing Emergency Call Center service for such terminals. ( b ) Each Mobile-Satellite Service carrier that is subject to the provisions of paragraph (a) of this section must maintain records of all 911 calls received at its emergency call center. By October 15, of each year, Mobile-Satellite Service carriers providing service in the 1.6/2.4 GHz and 2 GHz bands must submit a report to the Commission regarding their call center data, current as of September 30 of that year. By June 30, of each year, Mobile-Satellite Service carriers providing service in bands other than 1.6/2.4 GHz and 2 GHz must submit a report to the Commission regarding their call center data, current as of May 31 of that year. These reports must include, at a minimum, the following: ( 1 ) The name and address of the carrier, the address of the carrier's emergency call center, and emergency call center contact information; ( 2 ) The aggregate number of calls received by the call center each month during the relevant reporting period; ( 3 ) An indication of how many calls received by the call center each month during the relevant reporting period required forwarding to a public safety answering point and how many did not require forwarding to a public safety answering point. Subpart H—Resiliency, Redundancy, and Reliability of 911 Communications § 9.19 Reliability of covered 911 service providers. ( a ) Definitions. Terms in this section shall have the following meanings: ( 1 ) Aggregation point. A point at which network monitoring data for a 911 service area is collected and routed to a network operations center (NOC) or other location for monitoring and analyzing network status and performance. ( 2 ) Certification. An attestation by a certifying official, under penalty of perjury, that a covered 911 service provider: ( i ) Has satisfied the obligations of paragraph (c) of this section. ( ii ) Has adequate internal controls to bring material information regarding network architecture, operations, and maintenance to the certifying official's attention. ( iii ) Has made the certifying official aware of all material information reasonably necessary to complete the certification. ( iv ) The term “certification” shall include both an annual reliability certification under paragraph (c) of this section and an initial reliability certification under paragraph (d)(1) of this section, to the extent provided under paragraph (d)(1). ( 3 ) Certifying official. A corporate officer of a covered 911 service provider with supervisory and budgetary authority over network operations in all relevant service areas. ( 4 ) Covered 911 service provider. ( i ) Any entity that: ( A ) Provides 911, E911, or NG911 capabilities such as call routing, automatic location information (ALI), automatic number identification (ANI), or the functional equivalent of those capabilities, directly to a public safety answering point (PSAP), statewide default answering point, or appropriate local emergency authority as defined in § 9.3 ; and/or ( B ) Operates one or more central offices that directly serve a PSAP. For purposes of this section, a central office directly serves a PSAP if it hosts a selective router or ALI/ANI database, provides equivalent NG911 capabilities, or is the last service-provider facility through which a 911 trunk or administrative line passes before connecting to a PSAP. ( ii ) The term “covered 911 service provider” shall not include any entity that: ( A ) Constitutes a PSAP or governmental authority to the extent that it provides 911 capabilities; or ( B ) Offers the capability to originate 911 calls where another service provider delivers those calls and associated number or location information to the appropriate PSAP. ( 5 ) Critical 911 circuits. 911 facilities that originate at a selective router or its functional equivalent and terminate in the central office that serves the PSAP(s) to which the selective router or its functional equivalent delivers 911 calls, including all equipment in the serving central office necessary for the delivery of 911 calls to the PSAP(s). Critical 911 circuits also include ALI and ANI facilities that originate at the ALI or ANI database and terminate in the central office that serves the PSAP(s) to which the ALI or ANI databases deliver 911 caller information, including all equipment in the serving central office necessary for the delivery of such information to the PSAP(s). ( 6 ) Diversity audit. A periodic analysis of the geographic routing of network components to determine whether they are physically diverse. Diversity audits may be performed through manual or automated means, or through a review of paper or electronic records, as long as they reflect whether critical 911 circuits are physically diverse. ( 7 ) Monitoring links. Facilities that collect and transmit network monitoring data to a NOC or other location for monitoring and analyzing network status and performance. ( 8 ) Physically diverse. Circuits or equivalent data paths are Physically Diverse if they provide more than one physical route between end points with no common points where a single failure at that point would cause both circuits to fail. Circuits that share a common segment such as a fiber-optic cable or circuit board are not Physically diverse even if they are logically diverse for purposes of transmitting data. ( 9 ) 911 service area. The metropolitan area or geographic region in which a covered 911 service provider operates a selective router or the functional equivalent to route 911 calls to the geographically appropriate PSAP. ( 10 ) Selective router. A 911 network component that selects the appropriate destination PSAP for each 911 call based on the location of the caller. ( 11 ) Tagging. An inventory management process whereby critical 911 circuits are labeled in circuit inventory databases to make it less likely that circuit rearrangements will compromise diversity. A covered 911 service provider may use any system it wishes to tag circuits so long as it tracks whether critical 911 circuits are physically diverse and identifies changes that would compromise such diversity. ( b ) Provision of reliable 911 service. All covered 911 service providers shall take reasonable measures to provide reliable 911 service with respect to circuit diversity, central-office backup power, and diverse network monitoring. Performance of the elements of the certification set forth in paragraphs (c)(1)(i) , (c)(2)(i) , and (c)(3)(i) of this section shall be deemed to satisfy the requirements of this paragraph. If a covered 911 service provider cannot certify that it has performed a given element, the Commission may determine that such provider nevertheless satisfies the requirements of this paragraph based upon a showing in accordance with paragraph (c) of this section that it is taking alternative measures with respect to that element that are reasonably sufficient to mitigate the risk of failure, or that one or more certification elements are not applicable to its network. ( c ) Annual reliability certification. One year after the initial reliability certification described in paragraph (d)(1) of this section and every year thereafter, a certifying official of every covered 911 service provider shall submit a certification to the Commission as follows. ( 1 ) Circuit auditing. ( i ) A covered 911 service provider shall certify whether it has, within the past year: ( A ) Conducted diversity audits of critical 911 circuits or equivalent data paths to any PSAP served; ( B ) Tagged such critical 911 circuits to reduce the probability of inadvertent loss of diversity in the period between audits; and ( C ) Eliminated all single points of failure in critical 911 circuits or equivalent data paths serving each PSAP. ( ii ) If a Covered 911 Service Provider does not conform with all of the elements in paragraph (c)(1)(i) of this section with respect to the 911 service provided to one or more PSAPs, it must certify with respect to each such PSAP: ( A ) Whether it has taken alternative measures to mitigate the risk of critical 911 circuits that are not physically diverse or is taking steps to remediate any issues that it has identified with respect to 911 service to the PSAP, in which case it shall provide a brief explanation of such alternative measures or such remediation steps, the date by which it anticipates such remediation will be completed, and why it believes those measures are reasonably sufficient to mitigate such risk; or ( B ) Whether it believes that one or more of the requirements of this paragraph are not applicable to its network, in which case it shall provide a brief explanation of why it believes any such requirement does not apply. ( 2 ) Backup power. ( i ) With respect to any central office it operates that directly serves a PSAP, a covered 911 service provider shall certify whether it: ( A ) Provisions backup power through fixed generators, portable generators, batteries, fuel cells, or a combination of these or other such sources to maintain full-service functionality, including network monitoring capabilities, for at least 24 hours at full office load or, if the central office hosts a selective router, at least 72 hours at full office load; provided, however, that any such portable generators shall be readily available within the time it takes the batteries to drain, notwithstanding potential demand for such generators elsewhere in the service provider's network. ( B ) Tests and maintains all backup power equipment in such central offices in accordance with the manufacturer's specifications; ( C ) Designs backup generators in such central offices for fully automatic operation and for ease of manual operation, when required; ( D ) Designs, installs, and maintains each generator in any central office that is served by more than one backup generator as a stand-alone unit that does not depend on the operation of another generator for proper functioning. ( ii ) If a covered 911 service provider does not conform with all of the elements in paragraph (c)(2)(i) of this section, it must certify with respect to each such central office: ( A ) Whether it has taken alternative measures to mitigate the risk of a loss of service in that office due to a loss of power or is taking steps to remediate any issues that it has identified with respect to backup power in that office, in which case it shall provide a brief explanation of such alternative measures or such remediation steps, the date by which it anticipates such remediation will be completed, and why it believes those measures are reasonably sufficient to mitigate such risk; or ( B ) Whether it believes that one or more of the requirements of this paragraph are not applicable to its network, in which case it shall provide a brief explanation of why it believes any such requirement does not apply. ( 3 ) Network monitoring. ( i ) A covered 911 service provider shall certify whether it has, within the past year: ( A ) Conducted diversity audits of the aggregation points that it uses to gather network monitoring data in each 911 service area; ( B ) Conducted diversity audits of monitoring links between aggregation points and NOCs for each 911 service area in which it operates; and ( C ) Implemented physically diverse aggregation points for network monitoring data in each 911 service area and physically diverse monitoring links from such aggregation points to at least one NOC. ( ii ) If a Covered 911 Service Provider does not conform with all of the elements in paragraph (c)(3)(i) of this section, it must certify with respect to each such 911 Service Area: ( A ) Whether it has taken alternative measures to mitigate the risk of network monitoring facilities that are not physically diverse or is taking steps to remediate any issues that it has identified with respect to diverse network monitoring in that 911 service area, in which case it shall provide a brief explanation of such alternative measures or such remediation steps, the date by which it anticipates such remediation will be completed, and why it believes those measures are reasonably sufficient to mitigate such risk; or ( B ) Whether it believes that one or more of the requirements of this paragraph are not applicable to its network, in which case it shall provide a brief explanation of why it believes any such requirement does not apply. ( d ) Other matters — ( 1 ) Initial reliability certification. One year after October 15, 2014, a certifying official of every covered 911 service provider shall certify to the Commission that it has made substantial progress toward meeting the standards of the annual reliability certification described in paragraph (c) of this section. Substantial progress in each element of the certification shall be defined as compliance with standards of the full certification in at least 50 percent of the covered 911 service provider's critical 911 circuits, central offices that directly serve PSAPs, and independently monitored 911 service areas. ( 2 ) Confidential treatment. ( i ) The fact of filing or not filing an annual reliability certification or initial reliability certification and the responses on the face of such certification forms shall not be treated as confidential. ( ii ) Information submitted with or in addition to such certifications shall be presumed confidential to the extent that it consists of descriptions and documentation of alternative measures to mitigate the risks of nonconformance with certification elements, information detailing specific corrective actions taken with respect to certification elements, or supplemental information requested by the Commission or Bureau with respect to a certification. ( 3 ) Record retention. A covered 911 service provider shall retain records supporting the responses in a certification for two years from the date of such certification, and shall make such records available to the Commission upon request. To the extent that a covered 911 service provider maintains records in electronic format, records supporting a certification hereunder shall be maintained and supplied in an electronic format. ( i ) With respect to diversity audits of critical 911 circuits, such records shall include, at a minimum, audit records separately addressing each such circuit, any internal report(s) generated as a result of such audits, records of actions taken pursuant to the audit results, and records regarding any alternative measures taken to mitigate the risk of critical 911 circuits that are not physically diverse. ( ii ) With respect to backup power at central offices, such records shall include, at a minimum, records regarding the nature and extent of backup power at each central office that directly serves a PSAP, testing and maintenance records for backup power equipment in each such central office, and records regarding any alternative measures taken to mitigate the risk of insufficient backup power. ( iii ) With respect to network monitoring, such records shall include, at a minimum, records of diversity audits of monitoring links, any internal report(s) generated as a result of such audits, records of actions taken pursuant to the audit results, and records regarding any alternative measures taken to mitigate the risk of aggregation points and/or monitoring links that are not physically diverse. ( 4 ) Covered 911 service providers that cease operations must notify the FCC by filing a notification under penalty of perjury no later than 60 days after the cessation of service. [ 84 FR 66760 , Dec. 5, 2019, as amended at 88 FR 9765 , Feb. 15, 2023] § 9.20 Backup power obligations. ( a ) Covered service. For purposes of this section, a Covered Service is any facilities-based, fixed voice service offered as residential service, including fixed applications of wireless service offered as a residential service, that is not line powered. ( b ) Obligations of providers of a Covered Service to offer backup power. Providers of a Covered Service shall, at the point of sale for a Covered Service, offer subscribers the option to purchase backup power for the Covered Service as follows: ( 1 ) Eight hours. Providers shall offer for sale at least one option with a minimum of eight hours of standby backup power. ( 2 ) Twenty-four hours. By February 13, 2019, providers of a Covered Service shall offer for sale also at least one option that provides a minimum of twenty-four hours of standby backup power. ( 3 ) Options. At the provider's discretion, the options in paragraphs (b)(1) and (2) of this section may be either: ( i ) A complete solution including battery or other power source; or ( ii ) Installation by the provider of a component that accepts or enables the use of a battery or other backup power source that the subscriber obtains separately. If the provider does not offer a complete solution, the provider shall install a compatible battery or other power source if the subscriber makes it available at the time of installation and so requests. After service has been initiated, the provider may, but is not required to, offer to sell any such options directly to subscribers. ( c ) Backup power required. The backup power offered for purchase under paragraph (b) of this section must include power for all provider-furnished equipment and devices installed and operated on the customer premises that must remain powered in order for the service to provide 911 access. ( d ) Subscriber disclosure. ( 1 ) The provider of a Covered Service shall disclose to each new subscriber at the point of sale and to all subscribers to a Covered Service annually thereafter: ( i ) Capability of the service to accept backup power, and if so, the availability of at least one backup power solution available directly from the provider, or after the initiation of service, available from either the provider or a third party. After the obligation to offer for purchase a solution for twenty-four hours of standby backup power becomes effective, providers must disclose this information also for the twenty-four-hour solution; ( ii ) Service limitations with and without backup power; ( iii ) Purchase and replacement information, including cost; ( iv ) Expected backup power duration; ( v ) Proper usage and storage conditions, including the impact on duration of failing to adhere to proper usage and storage; ( vi ) Subscriber backup power self-testing and -monitoring instructions; and ( vii ) Backup power warranty details, if any. ( 2 ) Disclosure reasonably calculated to reach each subscriber. A provider of a Covered Service shall make disclosures required by this rule in a manner reasonably calculated to reach individual subscribers, with due consideration for subscriber preferences. Information posted on a provider's public website and/or within a subscriber portal accessed by logging through the provider's website are not sufficient to comply with these requirements. ( 3 ) The disclosures required under this paragraph are in addition to, but may be combined with, any disclosures required under § 9.11(a)(5) and (b)(5) . ( e ) Obligation with respect to existing subscribers. Providers are not obligated to offer for sale backup power options to or retrofit equipment for those who are subscribers as of the effective date listed in paragraph (f) of this section for the obligations in paragraph (b)(1) of this section, but shall provide such subscribers with the annual disclosures required by paragraph (d) of this section. ( f ) Dates of obligations. ( 1 ) Except as noted in paragraphs (b)(2) and (f)(2) of this section, the obligations under paragraph (b) of this section are in effect February 16, 2016, and the obligations under paragraph (d) of this section are in effect August 5, 2016. ( 2 ) For a provider of a Covered Service that (together with any entities under common control with such provider) has fewer than 100,000 domestic retail subscriber lines, the obligations in paragraph (b)(1) of this section are in effect August 11, 2016, the obligations in paragraph (b)(2) of this section are in effect as prescribed therein, and the obligations under paragraph (d) of this section are in effect February 1, 2017. ( g ) Sunset date. The requirements of this section shall no longer be in effect as of September 1, 2025. Subpart I—911 Fees Source: 86 FR 45908 , Aug. 17, 2021, unless otherwise noted. § 9.21 Applicability. The rules in this subpart apply to States or taxing jurisdictions that collect 911 fees or charges (as defined in this subpart) from commercial mobile services, IP-enabled voice services, and other emergency communications services. § 9.22 Definitions. For purposes of this subpart, the terms in this section have the following meanings set forth in this section. Furthermore, where the Commission uses the term “acceptable” in this subpart, it is for purposes of the Consolidated Appropriations Act, 2021, Public Law 116-260 , Division FF, Title IX, section 902(c)(1)(C). 911 fee or charge. A fee or charge applicable to commercial mobile services, IP-enabled voice services, or other emergency communications services specifically designated by a State or taxing jurisdiction for the support or implementation of 911 services. A 911 fee or charge shall also include a fee or charge designated for the support of public safety, emergency services, or similar purposes if the purposes or allowable uses of such fee or charge include the support or implementation of 911 services. Diversion. The obligation or expenditure of a 911 fee or charge for a purpose or function other than the purposes and functions designated by the Commission as acceptable pursuant to § 9.23 . Diversion also includes distribution of 911 fees to a political subdivision that obligates or expends such fees for a purpose or function other than those designated as acceptable by the Commission pursuant to § 9.23 . Other emergency communications services. The provision of emergency information to a public safety answering point via wire or radio communications, and may include 911 and E911 service. State. Any of the several States, the District of Columbia, or any territory or possession of the United States. State or taxing jurisdiction. A State, political subdivision thereof, Indian Tribe, or village or regional corporation serving a region established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ). § 9.23 Designation of acceptable obligations or expenditures for purposes of the Consolidated Appropriations Act, 2021, Division FF, Title IX, section 902(c)(1)(C). ( a ) Acceptable purposes and functions for the obligation or expenditure of 911 fees or charges for purposes of section 902 are limited to: ( 1 ) Support and implementation of 911 services provided by or in the State or taxing jurisdiction imposing the fee or charge; and ( 2 ) Operational expenses of public safety answering points within such State or taxing jurisdiction. ( b ) Examples of acceptable purposes and functions include, but are not limited to, the following, provided that the State or taxing jurisdiction can adequately document that it has obligated or spent the fees or charges in question for these purposes and functions: ( 1 ) PSAP operating costs, including lease, purchase, maintenance, replacement, and upgrade of customer premises equipment (CPE) (hardware and software), computer aided dispatch (CAD) equipment (hardware and software), and the PSAP building/facility and including NG911, cybersecurity, pre-arrival instructions, and emergency notification systems (ENS). PSAP operating costs include technological innovation that supports 911; ( 2 ) PSAP personnel costs, including telecommunicators' salaries and training; ( 3 ) PSAP administration, including costs for administration of 911 services and travel expenses associated with the provision of 911 services; ( 4 ) Integrating public safety/first responder dispatch and 911 systems, including lease, purchase, maintenance, and upgrade of CAD hardware and software to support integrated 911 and public safety dispatch operations; and ( 5 ) Providing for the interoperability of 911 systems with one another and with public safety/first responder radio systems. ( c ) Examples of purposes and functions that are not acceptable for the obligation or expenditure of 911 fees or charges for purposes of section 902 include, but are not limited to, the following: ( 1 ) Transfer of 911 fees into a State or other jurisdiction's general fund or other fund for non-911 purposes; ( 2 ) Equipment or infrastructure for constructing or expanding non-public safety communications networks ( e.g., commercial cellular networks); and ( 3 ) Equipment or infrastructure for law enforcement, firefighters, and other public safety/first responder entities that does not directly support providing 911 services. ( d ) If a State or taxing jurisdiction collects fees or charges designated for “public safety,” “emergency services,” or similar purposes that include the support or implementation of 911 services, the obligation or expenditure of such fees or charges shall not constitute diversion provided that the State or taxing jurisdiction: ( 1 ) Specifies the amount or percentage of such fees or charges that is dedicated to 911 services; ( 2 ) Ensures that the 911 portion of such fees or charges is segregated and not commingled with any other funds; and ( 3 ) Obligates or expends the 911 portion of such fees or charges for acceptable purposes and functions as defined under this section. § 9.24 Petition regarding additional purposes and functions. ( a ) A State or taxing jurisdiction may petition the Commission for a determination that an obligation or expenditure of 911 fees or charges for a purpose or function other than the purposes or functions designated as acceptable in § 9.23 should be treated as an acceptable purpose or function. Such a petition must meet the requirements applicable to a petition for declaratory ruling under § 1.2 of this chapter . ( b ) The Commission shall grant the petition if the State or taxing jurisdiction provides sufficient documentation to demonstrate that the purpose or function: ( 1 ) Supports public safety answering point functions or operations; or ( 2 ) Has a direct impact on the ability of a public safety answering point to: ( i ) Receive or respond to 911 calls; or ( ii ) Dispatch emergency responders. § 9.25 Participation in annual fee report data collection. ( a ) If a State or taxing jurisdiction receives a grant under section 158 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 942 ) after December 27, 2020, such State or taxing jurisdiction shall provide the information requested by the Commission to prepare the report required under section 6(f)(2) of the Wireless Communications and Public Safety Act of 1999, as amended ( 47 U.S.C. 615a-1(f)(2) ). ( b ) Each State or taxing jurisdiction subject to paragraph (a) of this section must file the information requested by the Commission and in the form specified by the Public Safety and Homeland Security Bureau. [ 86 FR 45908 , Aug. 17, 2021, as amended at 87 FR 37239 , June 22, 2022] § 9.26 Advisory committee participation. Notwithstanding any other provision of law, any State or taxing jurisdiction identified by the Commission in the report required under section 6(f)(2) of the Wireless Communications and Public Safety Act of 1999, as amended ( 47 U.S.C. 615a-1(f)(2) ), as engaging in diversion of 911 fees or charges shall be ineligible to participate or send a representative to serve on any advisory committee established by the Commission.
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PART 14—ACCESS TO ADVANCED COMMUNICATIONS SERVICES AND EQUIPMENT BY PEOPLE WITH DISABILITIES Authority: 47 U.S.C. 151-154 , 255 , 303 , 403 , 503 , 617 , 618 , 619 unless otherwise noted. Source: 76 FR 82389 , Dec. 30, 2011, unless otherwise noted. Subpart A—Scope § 14.1 Applicability. Except as provided in §§ 14.2 , 14.3 , 14.4 and 14.5 of this chapter , the rules in this part apply to: ( a ) Any manufacturer of equipment used for advanced communications services, including end user equipment, network equipment, and software, that such manufacturer offers for sale or otherwise distributes in interstate commerce; ( b ) Any provider of advanced communications services that such provider offers in or affecting interstate commerce. § 14.2 Limitations. ( a ) Except as provided in paragraph (b) of this section no person shall be liable for a violation of the requirements of the rules in this part with respect to advanced communications services or equipment used to provide or access advanced communications services to the extent such person— ( 1 ) Transmits, routes, or stores in intermediate or transient storage the communications made available through the provision of advanced communications services by a third party; or ( 2 ) Provides an information location tool, such as a directory, index, reference, pointer, menu, guide, user interface, or hypertext link, through which an end user obtains access to such advanced communications services or equipment used to provide or access advanced communications services. ( b ) The limitation on liability under paragraph (a) of this section shall not apply to any person who relies on third party applications, services, software, hardware, or equipment to comply with the requirements of the rules in this part with respect to advanced communications services or equipment used to provide or access advanced communications services. ( c ) The requirements of this part shall not apply to any equipment or services, including interconnected VoIP service, that were subject to the requirements of Section 255 of the Act on October 7, 2010, which remain subject to Section 255 of the Act, as amended, and subject to the rules in parts 6 and 7 of this chapter , as amended. § 14.3 Exemption for Customized Equipment or Services. ( a ) The rules in this part shall not apply to customized equipment or services that are not offered directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. ( b ) A provider of advanced communications services or manufacturer of equipment used for advanced communications services may claim the exemption in paragraph (a) of this section as a defense in an enforcement proceeding pursuant to subpart D of this part , but is not otherwise required to seek such an affirmative determination from the Commission. § 14.4 Exemption for Small Entities. ( a ) A provider of advanced communications services or a manufacturer of equipment used for advanced communications services to which this part applies is exempt from the obligations of this part if such provider or manufacturer, at the start of the design of a product or service: ( 1 ) Qualifies as a business concern under 13 CFR 121.105 ; and ( 2 ) Together with its affiliates, as determined by 13 CFR 121.103 , meets the relevant small business size standard established in 13 CFR 121.201 for the primary industry in which it is engaged as determined by 13 CFR 121.107 . ( b ) A provider or manufacturer may claim this exemption as a defense in an enforcement proceeding pursuant to subpart D of this part , but is not otherwise required to seek such an affirmative determination from the Commission. ( c ) This exemption will expire no later than October 8, 2013. § 14.5 Waivers—Multipurpose Services and Equipment. ( a ) Waiver. ( 1 ) On its own motion or in response to a petition by a provider of advanced communications services, a manufacturer of equipment used for advanced communications services, or by any interested party, the Commission may waive the requirements of this part for any feature or function of equipment used to provide or access advanced communications services, or for any class of such equipment, for any provider of advanced communications services, or for any class of such services, that— ( i ) Is capable of accessing an advanced communications service; and ( ii ) Is designed for multiple purposes, but is designed primarily for purposes other than using advanced communications services. ( 2 ) For any waiver petition under this section, the Commission will examine on a case-by-case basis— ( i ) Whether the equipment or service is designed to be used for advanced communications purposes by the general public; and ( ii ) Whether and how the advanced communications functions or features are advertised, announced, or marketed. ( b ) Class Waiver. For any petition for a waiver of more than one advanced communications service or one piece of equipment used for advanced communications services where the service or equipment share common defining characteristics, in addition to the requirements of §§ 14.5(a)(1) and (2) , the Commission will examine the similarity of the service or equipment subject to the petition and the similarity of the advanced communications features or functions of such services or equipment. ( c ) Duration. ( 1 ) A petition for a waiver of an individual advanced communications service or equipment used for advanced communications services may be granted for the life of the service or equipment as supported by evidence on the record, or for such time as the Commission determines based on evidence on the record. ( 2 ) A petition for a class waiver may be granted for a time to be determined by the Commission based on evidence on the record, including the lifecycle of the equipment or service in the class. Any class waiver granted under this section will waive the obligations of this part for all advanced communications services and equipment used for advanced communications services subject to a class waiver and made available to the public prior to the expiration of such waiver. ( d ) Public notice. All petitions for waiver filed pursuant to this section shall be put on public notice, with a minimum of a 30-day period for comments and oppositions. Subpart B—Definitions § 14.10 Definitions. ( a ) The term accessible shall have the meaning provided in § 14.21(b) . ( b ) The term achievable shall mean with reasonable effort or expense, as determined by the Commission. In making such a determination, the Commission shall consider: ( 1 ) The nature and cost of the steps needed to meet the requirements of section 716 of the Act and this part with respect to the specific equipment or service in question; ( 2 ) The technical and economic impact on the operation of the manufacturer or provider and on the operation of the specific equipment or service in question, including on the development and deployment of new communications technologies; ( 3 ) The type of operations of the manufacturer or provider; and ( 4 ) The extent to which the service provider or manufacturer in question offers accessible services or equipment containing varying degrees of functionality and features, and offered at differing price points. ( c ) The term advanced communications services shall mean: ( 1 ) Interconnected VoIP service, as that term is defined in this section; ( 2 ) Non-interconnected VoIP service, as that term is defined in this section; ( 3 ) Electronic messaging service, as that term is defined in this section; and ( 4 ) Interoperable video conferencing service, as that term is defined in this section. ( d ) The term application shall mean software designed to perform or to help the user perform a specific task or specific tasks, such as communicating by voice, electronic text messaging, or video conferencing. ( e ) The term compatible shall have the meaning provided in § 14.21(d) . ( f ) The term customer premises equipment shall mean equipment employed on the premises of a person (other than a carrier) to originate, route, or terminate telecommunications. ( g ) The term customized equipment or services shall mean equipment and services that are produced or provided to meet unique specifications requested by a business or enterprise customer and not otherwise available to the general public, including public safety networks and devices. ( h ) The term disability shall mean a physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such an impairment; or being regarded as having such an impairment. ( i ) The term electronic messaging service means a service that provides real-time or near real-time non-voice messages in text form between individuals over communications networks. ( j ) The term end user equipment shall mean equipment designed for consumer use. Such equipment may include both hardware and software components. ( k ) The term hardware shall mean a tangible communications device, equipment, or physical component of communications technology, including peripheral devices, such as a smart phone, a laptop computer, a desktop computer, a screen, a keyboard, a speaker, or an amplifier. ( l ) The term interconnected VoIP service shall have the same meaning as in § 9.3 of this chapter , as such section may be amended from time to time. ( m ) An interoperable video conferencing service means a service that provides real-time video communications, including audio, to enable users to share information of the user's choosing. ( n ) The term manufacturer shall mean an entity that makes or produces a product, including equipment used for advanced communications services, including end user equipment, network equipment, and software. ( o ) The term network equipment shall mean equipment facilitating the use of a network, including, routers, network interface cards, networking cables, modems, and other related hardware. Such equipment may include both hardware and software components. ( p ) The term nominal cost in regard to accessibility and usability solutions shall mean small enough so as to generally not be a factor in the consumer's decision to acquire a product or service that the consumer otherwise desires. ( q ) A non-interconnected VoIP service is a service that: ( 1 ) Enables real-time voice communications that originate from or terminate to the user's location using Internet protocol or any successor protocol; and ( 2 ) Requires Internet protocol compatible customer premises equipment; and ( 3 ) Does not include any service that is an interconnected VoIP service. ( r ) The term peripheral devices shall mean devices employed in connection with equipment, including software, covered by this part to translate, enhance, or otherwise transform advanced communications services into a form accessible to individuals with disabilities. ( s ) The term service provider shall mean a provider of advanced communications services that are offered in or affecting interstate commerce, including a provider of applications and services that can be used for advanced communications services and that can be accessed ( i.e., downloaded or run) by users over any service provider network. ( t ) The term software shall mean programs, procedures, rules, and related data and documentation that direct the use and operation of a computer or related device and instruct it to perform a given task or function. ( u ) The term specialized customer premises equipment shall mean customer premise equipment which is commonly used by individuals with disabilities to achieve access. ( v ) The term usable shall have the meaning provided in § 14.21(c) . ( w ) The term real-time text shall have the meaning set forth in § 67.1 of this chapter . ( x ) The term text-capable end user device means end user equipment that is able to send, receive, and display text. [ 76 FR 82389 , Dec. 30, 2011, as amended at 82 FR 7707 , Jan. 23, 2017] Subpart C—Implementation Requirements—What Must Covered Entities Do? § 14.20 Obligations. ( a ) General Obligations. ( 1 ) With respect to equipment manufactured after the effective date of this part, a manufacturer of equipment used for advanced communications services, including end user equipment, network equipment, and software, must ensure that the equipment and software that such manufacturer offers for sale or otherwise distributes in interstate commerce shall be accessible to and usable by individuals with disabilities, unless the requirements of this subsection are not achievable. ( 2 ) With respect to services provided after the effective date of this part, a provider of advanced communications services must ensure that services offered by such provider in or affecting interstate commerce are accessible to and usable by individuals with disabilities, unless the requirements of this paragraph are not achievable. ( 3 ) If accessibility is not achievable either by building it in or by using third party accessibility solutions available to the consumer at nominal cost and that individuals with disabilities can access, then a manufacturer or service provider shall ensure that its equipment or service is compatible with existing peripheral devices or specialized customer premises equipment, unless the requirements of this subsection are not achievable. ( 4 ) Providers of advanced communications services shall not install network features, functions, or capabilities that impede accessibility or usability. ( 5 ) Providers of advanced communications services, manufacturers of equipment used with these services, and providers of networks used with these services may not impair or impede the accessibility of information content when accessibility has been incorporated into that content for transmission through such services, equipment or networks. ( b ) Product design, development, and evaluation. ( 1 ) Manufacturers and service providers must consider performance objectives set forth in § 14.21 at the design stage as early as possible and must implement such performance objectives, to the extent that they are achievable. ( 2 ) Manufacturers and service providers must identify barriers to accessibility and usability as part of such evaluation. ( c ) Information Pass Through. Equipment used for advanced communications services, including end user equipment, network equipment, and software must pass through cross-manufacturer, nonproprietary, industry-standard codes, translation protocols, formats or other information necessary to provide advanced communications services in an accessible format, if achievable. Signal compression technologies shall not remove information needed for access or shall restore it upon decompression. ( d ) Information, documentation, and training. Manufacturers and service providers must ensure that the information and documentation that they provide to customers is accessible, if achievable. Such information and documentation includes, but is not limited to, user guides, bills, installation guides for end user devices, and product support communications. The requirement to ensure the information is accessible also includes ensuring that individuals with disabilities can access, at no extra cost, call centers and customer support regarding both the product generally and the accessibility features of the product. § 14.21 Performance Objectives. ( a ) Generally. Manufacturers and service providers shall ensure that equipment and services covered by this part are accessible, usable, and compatible as those terms are defined in paragraphs (b) through (d) of this section. ( b ) Accessible. The term accessible shall mean that: ( 1 ) Input, control, and mechanical functions shall be locatable, identifiable, and operable in accordance with each of the following, assessed independently: ( i ) Operable without vision. Provide at least one mode that does not require user vision. ( ii ) Operable with low vision and limited or no hearing. Provide at least one mode that permits operation by users with visual acuity between 20/70 and 20/200, without relying on audio output. ( iii ) Operable with little or no color perception. Provide at least one mode that does not require user color perception. ( iv ) Operable without hearing. Provide at least one mode that does not require user auditory perception. ( v ) Operable with limited manual dexterity. Provide at least one mode that does not require user fine motor control or simultaneous actions. ( vi ) Operable with limited reach and strength. Provide at least one mode that is operable with user limited reach and strength. ( vii ) Operable with a Prosthetic Device. Controls shall be operable without requiring body contact or close body proximity. ( viii ) Operable without time-dependent controls. Provide at least one mode that does not require a response time or allows response time to be by-passed or adjusted by the user over a wide range. ( ix ) Operable without speech. Provide at least one mode that does not require user speech. ( x ) Operable with limited cognitive skills. Provide at least one mode that minimizes the cognitive, memory, language, and learning skills required of the user. ( 2 ) All information necessary to operate and use the product, including but not limited to, text, static or dynamic images, icons, labels, sounds, or incidental operating cues, [shall] comply with each of the following, assessed independently: ( i ) Availability of visual information. Provide visual information through at least one mode in auditory form. ( ii ) Availability of visual information for low vision users. Provide visual information through at least one mode to users with visual acuity between 20/70 and 20/200 without relying on audio. ( iii ) Access to moving text. Provide moving text in at least one static presentation mode at the option of the user. ( iv ) Availability of auditory information. Provide auditory information through at least one mode in visual form and, where appropriate, in tactile form. ( v ) Availability of auditory information for people who are hard of hearing. Provide audio or acoustic information, including any auditory feedback tones that are important for the use of the product, through at least one mode in enhanced auditory fashion ( i.e., increased amplification, increased signal-to-noise ratio, or combination). ( vi ) Prevention of visually-induced seizures. Visual displays and indicators shall minimize visual flicker that might induce seizures in people with photosensitive epilepsy. ( vii ) Availability of audio cutoff. Where a product delivers audio output through an external speaker, provide an industry standard connector for headphones or personal listening devices (e.g., phone-like handset or earcup) which cuts off the speaker(s) when used. ( viii ) Non-interference with hearing technologies. Reduce interference to hearing technologies (including hearing aids, cochlear implants, and assistive listening devices) to the lowest possible level that allows a user to utilize the product. ( ix ) Hearing aid coupling. Where a product delivers output by an audio transducer which is normally held up to the ear, provide a means for effective wireless coupling to hearing aids. ( 3 ) Real-Time Text. Wireless interconnected VoIP services subject to this part and text-capable end user devices used with such services that do not themselves provide TTY functionality, may provide TTY connectability and signal compatibility pursuant to paragraphs (b)(3) and (4) of this section, or support real-time text communications, in accordance with 47 CFR part 67 . ( c ) Usable. The term usable shall mean that individuals with disabilities have access to the full functionality and documentation for the product, including instructions, product information (including accessible feature information), documentation and technical support functionally equivalent to that provided to individuals without disabilities. ( d ) Compatible. The term compatible shall mean compatible with peripheral devices and specialized customer premises equipment, and in compliance with the following provisions, as applicable: ( 1 ) External electronic access to all information and control mechanisms. Information needed for the operation of products (including output, alerts, icons, on-line help, and documentation) shall be available in a standard electronic text format on a cross-industry standard port and all input to and control of a product shall allow for real time operation by electronic text input into a cross-industry standard external port and in cross-industry standard format. The cross-industry standard port shall not require manipulation of a connector by the user. ( 2 ) Connection point for external audio processing devices. Products providing auditory output shall provide the auditory signal at a standard signal level through an industry standard connector. ( 3 ) TTY connectability. Products that provide a function allowing voice communication and which do not themselves provide a TTY functionality shall provide a standard non-acoustic connection point for TTYs. It shall also be possible for the user to easily turn any microphone on and off to allow the user to intermix speech with TTY use. ( 4 ) TTY signal compatibility. Products, including those providing voice communication functionality, shall support use of all cross-manufacturer non-proprietary standard signals used by TTYs. ( 5 ) TTY Support Exemption. Interconnected and non-interconnected VoIP services subject to this part that are provided over wireless IP facilities and equipment are not required to provide TTY connectability and TTY signal compatibility if such services and equipment support real-time text, in accordance with 47 CFR part 67 . [ 76 FR 82389 , Dec. 30, 2011, as amended at 82 FR 7707 , Jan. 23, 2017] Subpart D—Recordkeeping, Consumer Dispute Assistance, and Enforcement § 14.30 Generally. ( a ) The rules in this subpart regarding recordkeeping and enforcement are applicable to all manufacturers and service providers that are subject to the requirements of sections 255, 716, and 718 of the Act and parts 6 , 7 and 14 of this chapter . ( b ) The requirements set forth in § 14.31 of this subpart shall be effective January 30, 2013. ( c ) The requirements set forth in §§ 14.32 through 14.37 of this subpart shall be effective on October 8, 2013. § 14.31 Recordkeeping. ( a ) Each manufacturer and service provider subject to section 255, 716, or 718 of the Act, must create and maintain, in the ordinary course of business and for a two year period from the date a product ceases to be manufactured or a service ceases to be offered, records of the efforts taken by such manufacturer or provider to implement sections 255, 716, and 718 with regard to this product or service, as applicable, including: ( 1 ) Information about the manufacturer's or service provider's efforts to consult with individuals with disabilities; ( 2 ) Descriptions of the accessibility features of its products and services; and ( 3 ) Information about the compatibility of its products and services with peripheral devices or specialized customer premise equipment commonly used by individuals with disabilities to achieve access. ( b ) An officer of each manufacturer and service provider subject to section 255, 716, or 718 of the Act, must sign and file an annual compliance certificate with the Commission. ( 1 ) The certificate must state that the manufacturer or service provider, as applicable, has established operating procedures that are adequate to ensure compliance with the recordkeeping rules in this subpart and that records are being kept in accordance with this section and be supported with an affidavit or declaration under penalty of perjury, signed and dated by the authorized officer of the company with personal knowledge of the representations provided in the company's certification, verifying the truth and accuracy of the information therein. ( 2 ) The certificate shall identify the name and contact details of the person or persons within the company that are authorized to resolve complaints alleging violations of our accessibility rules and sections 255, 716, and 718 of the Act, and the agent designated for service pursuant to § 14.35(b) of this subpart and provide contact information for this agent. Contact information shall include, for the manufacturer or the service provider, a name or department designation, business address, telephone number, and, if available TTY number, facsimile number, and email address. ( 3 ) The annual certification must be filed with the Commission on April 1, 2013 and annually thereafter for records pertaining to the previous calendar year. The certificate must be updated when necessary to keep the contact information current. ( c ) Upon the service of a complaint, formal or informal, on a manufacturer or service provider under this subpart, a manufacturer or service provider must produce to the Commission, upon request, records covered by this section and may assert a statutory request for confidentiality for these records under 47 U.S.C. 618(a)(5)(C) and § 0.457(c) of this chapter . All other information submitted to the Commission pursuant to this subpart or pursuant to any other request by the Commission may be submitted pursuant to a request for confidentiality in accordance with § 0.459 of this chapter . § 14.32 Consumer Dispute Assistance. ( a ) A consumer or any other party may transmit a Request for Dispute Assistance to the Consumer and Governmental Affairs Bureau by any reasonable means, including by the Commission's online informal complaint filing system, U.S. Mail, overnight delivery, or email to dro@fcc.gov . Any Requests filed using a method other than the Commission's online system should include a cover letter that references section 255, 716, or 718 or the rules of parts 6 , 7 , or 14 of this chapter and should be addressed to the Consumer and Governmental Affairs Bureau. Any party with a question about information that should be included in a Request for Dispute Assistance should email the Commission's Disability Rights Office at dro@fcc.gov or call (202) 418-2517 (voice), (202) 418-2922 (TTY). ( b ) A Request for Dispute Assistance shall include: ( 1 ) The name, address, email address, and telephone number of the party making the Request (Requester); ( 2 ) The name of the manufacturer or service provider that the requester believes is in violation of section 255, 716, or 718 or the rules in this part, and the name, address, and telephone number of the manufacturer or service provider, if known; ( 3 ) An explanation of why the requester believes the manufacturer or service provider is in violation of section 255, 716, or 718 or the rules in this part, including details regarding the service or equipment and the relief requested, and all documentation that supports the requester's contention; ( 4 ) The date or dates on which the requester either purchased, acquired, or used (or attempted to purchase, acquire, or use) the equipment or service in question; ( 5 ) The Requester's preferred format or method of response to its Request for Dispute Assistance by CGB or the manufacturer or service provider (e.g., letter, facsimile transmission, telephone (voice/TRS/TTY), email, audio-cassette recording, Braille, or some other method that will best accommodate the Requester's disability, if any); ( 6 ) Any other information that may be helpful to CGB and the manufacturer or service provider to understand the nature of the dispute; ( 7 ) Description of any contacts with the manufacturer or service provider to resolve the dispute, including, but not limited to, dates or approximate dates, any offers to settle, etc.; and ( 8 ) What the Requester is seeking to resolve the dispute. ( c ) CGB shall forward the Request for Dispute Assistance to the manufacturer or service provider named in the Request. CGB shall serve the manufacturer or service provider using the contact details of the certification to be filed pursuant to § 14.31(b) . Service using contact details provided pursuant to § 14.31(b) is deemed served. Failure by a manufacturer or service provider to file or keep the contact information current will not be a defense of lack of service. ( d ) CGB will assist the Requester and the manufacturer or service provider in reaching a settlement of the dispute. ( e ) Thirty days after the Request for Dispute Assistance was filed, if a settlement has not been reached between the Requester and the manufacturer or service provider, the Requester may file an informal complaint with the Commission; ( f ) When a Requester files an informal complaint with the Enforcement Bureau, as provided in § 14.34 , the Commission will deem the CGB dispute assistance process closed and the requester and manufacturer or service provider shall be barred from further use of the Commission's dispute assistance process so long as a complaint is pending. § 14.33 Informal or formal complaints. Complaints against manufacturers or service providers, as defined under this subpart, for alleged violations of this subpart may be either informal or formal. § 14.34 Informal complaints; form, filing, content, and consumer assistance. ( a ) An informal complaint alleging a violation of section 255, 716 or 718 of the Act or parts 6 , 7 , or 14 of this chapter may be transmitted to the Enforcement Bureau by any reasonable means, including the Commission's online informal complaint filing system, U.S. Mail, overnight delivery, or email. Any Requests filed using a method other than the Commission's online system should include a cover letter that references section 255, 716, or 718 or the rules of parts 6 , 7 , or 14 of this chapter and should be addressed to the Enforcement Bureau. ( b ) An informal complaint shall include: ( 1 ) The name, address, email address, and telephone number of the complainant; ( 2 ) The name, address, and telephone number of the manufacturer or service provider defendant against whom the complaint is made; ( 3 ) The date or dates on which the complainant or person(s) on whose behalf the complaint is being filed either purchased, acquired, or used or attempted to purchase, acquire, or use the equipment or service about which the complaint is being made; ( 4 ) A complete statement of fact explaining why the complainant contends that the defendant manufacturer or provider is in violation of section 255, 716 or 718 of the Act or the Commission's rules, including details regarding the service or equipment and the relief requested, and all documentation that supports the complainant's contention; ( 5 ) A certification that the complainant submitted to the Commission a Request for Dispute Assistance, pursuant to § 14.32 , no less than 30 days before the complaint is filed; ( 6 ) The complainant's preferred format or method of response to the complaint by the Commission and defendant (e.g., letter, facsimile transmissions, telephone (voice/TRS/TTY), email, audio-cassette recording, Braille, or some other method that will best accommodate the complainant's disability, if any); and ( 7 ) Any other information that is required by the Commission's accessibility complaint form. ( c ) Any party with a question about information that should be included in an Informal Complaint should email the Commission's Disability Rights Office at dro@fcc.gov or call (202) 418-2517 (voice), (202) 418-2922 (TTY). § 14.35 Procedure; designation of agents for service. ( a ) The Commission shall forward any informal complaint meeting the requirements of § 14.34 of this subpart to each manufacturer and service provider named in or determined by the staff to be implicated by the complaint. ( b ) To ensure prompt and effective service of informal and formal complaints filed under this subpart, every manufacturer and service provider subject to the requirements of section 255, 716, or 718 of the Act and parts 6 , 7 , or 14 of this chapter shall designate an agent, and may designate additional agents if it so chooses, upon whom service may be made of all notices, inquiries, orders, decisions, and other pronouncements of the Commission in any matter before the Commission. The agent shall be designated in the manufacturer or service provider's annual certification pursuant to § 14.31 . § 14.36 Answers and replies to informal complaints. ( a ) After a complainant makes a prima facie case by asserting that a product or service is not accessible, the manufacturer or service provider to whom the informal complaint is directed bears the burden of proving that the product or service is accessible or, if not accessible, that accessibility is not achievable under this part or readily achievable under parts 6 and 7. To carry its burden of proof, a manufacturer or service provider must produce documents demonstrating its due diligence in exploring accessibility and achievability, as required by parts 6 , 7 , or 14 of this chapter throughout the design, development, testing, and deployment stages of a product or service. Conclusory and unsupported claims are insufficient to carry this burden of proof. ( b ) Any manufacturer or service provider to whom an informal complaint is served by the Commission under this subpart shall file and serve an answer responsive to the complaint and any inquires set forth by the Commission. ( 1 ) The answer shall: ( i ) Be filed with the Commission within twenty days of service of the complaint, unless the Commission or its staff specifies another time period; ( ii ) Respond specifically to each material allegation in the complaint and assert any defenses that the manufacturer or service provider claim; ( iii ) Include a declaration by an officer of the manufacturer or service provider attesting to the truth of the facts asserted in the answer; ( iv ) Set forth any remedial actions already taken or proposed alternative relief without any prejudice to any denials or defenses raised; ( v ) Provide any other information or materials specified by the Commission as relevant to its consideration of the complaint; and ( vi ) Be prepared or formatted, including in electronic readable format compatible with the Commission's Summation or other software in the manner requested by the Commission and the complainant, unless otherwise permitted by the Commission for good cause shown. ( 2 ) If the manufacturer's or service provider's answer includes the defense that it was not achievable for the manufacturer or service provider to make its product or service accessible, the manufacturer or service provider shall carry the burden of proof on the defense and the answer shall: ( i ) Set forth the steps taken by the manufacturer or service provider to make the product or service accessible and usable; ( ii ) Set forth the procedures and processes used by the manufacturer or service provider to evaluate whether it was achievable to make the product or service accessible and usable in cases where the manufacturer or service provider alleges it was not achievable to do so; ( iii ) Set forth the manufacturer's basis for determining that it was not achievable to make the product or service accessible and usable in cases where the manufacturer or service provider so alleges; and ( iv ) Provide all documents supporting the manufacturer's or service provider's conclusion that it was not achievable to make the product or service accessible and usable in cases where the manufacturer or service provider so alleges. ( c ) Any manufacturer or service provider to whom an informal complaint is served by the Commission under this subpart shall serve the complainant and the Commission with a non-confidential summary of the answer filed with the Commission within twenty days of service of the complaint. The non-confidential summary must contain the essential elements of the answer, including, but not limited to, any asserted defenses to the complaint, must address the material elements of its answer, and include sufficient information to allow the complainant to file a reply, if the complainant chooses to do so. ( d ) The complainant may file and serve a reply. The reply shall: ( 1 ) Be served on the Commission and the manufacturer or service provider that is subject of the complaint within ten days after service of answer, unless otherwise directed by the Commission; ( 2 ) Be responsive to matters contained in the answer and shall not contain new matters. § 14.37 Review and disposition of informal complaints. ( a ) The Commission will investigate the allegations in any informal complaint filed that satisfies the requirements of § 14.34(b) of this subpart , and, within 180 days after the date on which such complaint was filed with the Commission, issue an order finding whether the manufacturer or service provider that is the subject of the complaint violated section 255, 716, or 718 of the Act, or the Commission's implementing rules, and provide a basis therefore, unless such complaint is resolved before that time. ( b ) If the Commission determines in an order issued pursuant to paragraph (a) of this section that the manufacturer or service provider violated section 255, 716, or 718 of the Act, or the Commission's implementing rules, the Commission may, in such order, or in a subsequent order: ( 1 ) Direct the manufacturer or service provider to bring the service, or in the case of a manufacturer, the next generation of the equipment or device, into compliance with the requirements of section 255, 716, or 718 of the Act, and the Commission's rules, within a reasonable period of time; and ( 2 ) Take such other enforcement action as the Commission is authorized and as it deems appropriate. ( c ) Any manufacturer or service provider that is the subject of an order issued pursuant to paragraph (b)(1) of this section shall have a reasonable opportunity, as established by the Commission, to comment on the Commission's proposed remedial action before the Commission issues a final order with respect to that action. § 14.38 Formal complaints. Formal complaint proceedings alleging a violation of 47 U.S.C. 255 , 617 , or 619 , or parts 6 , 7 , or 14 of this chapter , shall be governed by the formal complaint rules in subpart E of part 1, §§ 1.7201.740 . ( a ) Pleadings must be clear, concise, and explicit. All matters concerning a claim, defense or requested remedy, including damages, should be pleaded fully and with specificity. ( b ) Pleadings must contain facts which, if true, are sufficient to constitute a violation of the Act or Commission order or regulation, or a defense to such alleged violation. ( c ) Facts must be supported by relevant documentation or affidavit. ( d ) Legal arguments must be supported by appropriate judicial, Commission, or statutory authority. ( e ) Opposing authorities must be distinguished. ( f ) Copies must be provided of all non-Commission authorities relied upon which are not routinely available in national reporting systems, such as unpublished decisions or slip opinions of courts or administrative agencies. ( g ) Parties are responsible for the continuing accuracy and completeness of all information and supporting authority furnished in a pending complaint proceeding. Information submitted, as well as relevant legal authorities, must be current and updated as necessary and in a timely manner at any time before a decision is rendered on the merits of the complaint. ( h ) All statements purporting to summarize or explain Commission orders or policies must cite, in standard legal form, the Commission ruling upon which such statements are based. ( i ) Pleadings shall identify the name, address, telephone number, and facsimile transmission number for either the filing party's attorney or, where a party is not represented by an attorney, the filing party. [ 76 FR 82389 , Dec. 30, 2011, as amended at 83 FR 44842 , Sept. 4, 2018] Subpart E—Internet Browsers Built Into Telephones Used With Public Mobile Services. Source: 78 FR 30230 , May 22, 2013, unless otherwise noted. § 14.60 Applicability. ( a ) This subpart E shall apply to a manufacturer of a telephone used with public mobile services (as such term is defined in 47 U.S.C. 710(b)(4)(B) ) that includes an Internet browser in such telephone that is offered for sale or otherwise distributed in interstate commerce, or a provider of mobile services that arranges for the inclusion of a browser in telephones to sell or otherwise distribute to customers in interstate commerce. ( b ) Only the following enumerated provisions contained in this part 14 shall apply to this subpart E. ( 1 ) The limitations contained in § 14.2 shall apply to this subpart E. ( 2 ) The definitions contained in § 14.10 shall apply to this subpart E. ( 3 ) The product design, development and evaluation provisions contained in § 14.20(b) shall apply to this subpart E. ( 4 ) The information, documentation, and training provisions contained in § 14.20(d) shall apply to this subpart E. ( 5 ) The performance objectives provisions contained in § 14.21(a) , (b)(1)(i) , (b)(1)(ii) , (b)(1)(iii) , (b)(2)(i) , (b)(2)(ii) , (b)(2)(iii) , (b)(2)(vii) , and (c) shall apply to this subpart E. ( 6 ) All of subpart D shall apply to this subpart E. § 14.61 Obligations with respect to internet browsers built into mobile phones. ( a ) Accessibility. If on or after October 8, 2013 a manufacturer of a telephone used with public mobile services includes an Internet browser in such telephone, or if a provider of mobile service arranges for the inclusion of a browser in telephones to sell to customers, the manufacturer or provider shall ensure that the functions of the included browser (including the ability to launch the browser) are accessible to and usable by individuals who are blind or have a visual impairment, unless doing so is not achievable, except that this subpart shall not impose any requirement on such manufacturer or provider— ( 1 ) To make accessible or usable any Internet browser other than a browser that such manufacturer or provider includes or arranges to include in the telephone; or ( 2 ) To make Internet content, applications, or services accessible or usable (other than enabling individuals with disabilities to use an included browser to access such content, applications, or services). ( b ) Industry flexibility. A manufacturer or provider may satisfy the requirements of this subpart with respect to such telephone or services by— ( 1 ) Ensuring that the telephone or services that such manufacturer or provider offers is accessible to and usable by individuals with disabilities without the use of third-party applications, peripheral devices, software, hardware, or customer premises equipment; or ( 2 ) Using third-party applications, peripheral devices, software, hardware, or customer premises equipment that is available to the consumer at nominal cost and that individuals with disabilities can access.
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Subpart A—General Information § 18.101 Basis and purpose. The rules in this part, in accordance with the applicable treaties and agreements to which the United States is a party, are promulgated pursuant to section 302 of the Communications Act of 1934, as amended, vesting the Federal Communications Commission with authority to regulate industrial, scientific, and medical equipment (ISM) that emits electromagnetic energy on frequencies within the radio frequency spectrum in order to prevent harmful interference to authorized radio communication services. This part sets forth the conditions under which the equipment in question may be operated. § 18.107 Definitions. ( a ) Radio frequency (RF) energy. Electromagnetic energy at any frequency in the radio spectrum from 9 kHz to 3 THz (3,000 GHz). ( b ) Harmful interference. Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with this chapter. ( c ) Industrial, scientific, and medical (ISM) equipment. Equipment or appliances designed to generate and use locally RF energy for industrial, scientific, medical, domestic or similar purposes, excluding applications in the field of telecommunication. Typical ISM applications are the production of physical, biological, or chemical effects such as heating, ionization of gases, mechanical vibrations, hair removal and acceleration of charged particles. ( d ) Industrial heating equipment. A category of ISM equipment used for or in connection with industrial heating operations utilized in a manufacturing or production process. ( e ) Medical diathermy equipment. A category of ISM equipment used for therapeutic purposes, not including surgical diathermy apparatus designed for intermittent operation with low power. ( f ) Ultrasonic equipment. A category of ISM equipment in which the RF energy is used to excite or drive an electromechanical transducer for the production of sonic or ultrasonic mechanical energy for industrial, scientific, medical or other noncommunication purposes. ( g ) Consumer ISM equipment. A category of ISM equipment used or intended to be used by the general public in a residential environment, notwithstanding use in other areas. Examples are domestic microwave ovens, jewelry cleaners for home use, ultrasonic humidifiers. ( h ) ISM frequency. A frequency assigned by this part for the use of ISM equipment. A specified tolerance is associated with each ISM frequency. See § 18.301 . ( i ) Marketing. As used in this part, marketing shall include sale or lease, offer for sale or lease, advertising for sale or lease, the import or shipment or other distribution for the purpose of sale or lease or offer for sale or lease. See subpart I of part 2 of this chapter . ( j ) Magnetic resonance equipment. A category of ISM equipment in which RF energy is used to create images and data representing spatially resolved density of transient atomic resources within an object. Note: In the foregoing, sale (or lease) shall mean sale (or lease) to the user or a vendor who in turn sells (or leases) to the user. Sale shall not be construed to apply to devices sold to a second party for manufacture or fabrication into a device which is subsequently sold (or leased) to the user. [ 50 FR 36067 , Sept. 5, 1985, as amended at 59 FR 39472 , Aug. 3, 1994] § 18.109 General technical requirements. ISM equipment shall be designed and constructed in accordance with good engineering practice with sufficient shielding and filtering to provide adequate suppression of emissions on frequencies outside the frequency bands specified in § 18.301 . § 18.111 General operating conditions. ( a ) Persons operating ISM equipment shall not be deemed to have any vested or recognizable right to the continued use of any given frequency, by virtue of any prior equipment authorization and/or compliance with the applicable rules. ( b ) Subject to the exceptions in paragraphs (c) and (d) of this section and irrespective of whether the equipment otherwise complies with the rules in this part, the operator of ISM equipment that causes harmful interference to any authorized radio service shall promptly take whatever steps may be necessary to eliminate the interference. ( c ) The provisions of paragraph (b) of this section shall not apply in the case of interference to an authorized radio station or a radiocommunication device operating in an ISM frequency band. ( d ) The provisions of paragraph (b) of this section shall not apply in the case of interference to a receiver arising from direct intermediate frequency pickup by the receiver of the fundamental frequency emissions of ISM equipment operating in an ISM frequency band and otherwise complying with the requirements of this part. § 18.113 Inspection by Commission representatives. Upon request by a representative of the Commission the manufacturer, owner, or operator of any ISM equipment shall make the equipment available for inspection and promptly furnish the Commission with such information as may be required to indicate that the equipment complies with this part. § 18.115 Elimination and investigation of harmful interference. ( a ) The operator of ISM equipment that causes harmful interference to radio services shall promptly take appropriate measures to correct the problem. ( b ) If the operator of ISM equipment is notified by the Commission's Regional Director that operation of such equipment is endangering the functioning of a radionavigation or safety service, the operator shall immediately cease operating the equipment. Operation may be resumed on a temporary basis only for the purpose of eliminating the harmful interference. Operation may be resumed on a regular basis only after the harmful interference has been eliminated and approval from the Regional Director obtained. ( c ) When notified by the Regional Director that a particular installation is causing harmful interference, the operator or manufacturer shall arrange for an engineer skilled in techniques of interference measurement and control to make an investigation to ensure that the harmful interference has been eliminated. The Regional Director may require the engineer making the investigation to furnish proof of his or her qualifications. [ 50 FR 36067 , Sept. 5, 1985, as amended at 80 FR 53750 , Sept. 8, 2015] § 18.117 Report of interference investigation. ( a ) An interim report on investigations and corrective measures taken pursuant to § 18.115 of this part shall be filed with the Regional Director of the local FCC office within 30 days of notification of harmful interference. The final report shall be filed with the Regional Director within 60 days of notification. ( b ) The date for filing the final report may be extended by the Regional Director when additional time is required to put into effect the corrective measures or to complete the investigation. The request for extension of time shall be accompanied by a progress report showing what has been accomplished to date. [ 80 FR 53750 , Sept. 8, 2015] § 18.121 Exemptions. Non-consumer ultrasonic equipment, and non-consumer magnetic resonance equipment, that is used for medical diagnostic and monitoring applications is subject only to the provisions of §§ 18.105 , 18.109 through 18.119 , 18.301 and 18.303 of this part . [ 59 FR 39472 , Aug. 3, 1994; 60 FR 47302 , Sept. 12, 1995]
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PART 11—EMERGENCY ALERT SYSTEM (EAS) Authority: 47 U.S.C. 151 , 154 (i) and (o), 303(r), 544(g), 606, 1201, 1206. Source: 59 FR 67092 , Dec. 28, 1994, unless otherwise noted. Subpart A—General § 11.1 Purpose. This part contains rules and regulations providing for an Emergency Alert System (EAS). The EAS provides the President with the capability to provide immediate communications and information to the general public at the National, State and Local Area levels during periods of national emergency. The rules in this part describe the required technical standards and operational procedures of the EAS for analog AM, FM, and TV broadcast stations, digital broadcast stations, analog cable systems, digital cable systems, wireline video systems, wireless cable systems, Direct Broadcast Satellite (DBS) services, Satellite Digital Audio Radio Service (SDARS), and other participating entities. The EAS may be used to provide the heads of State and local government, or their designated representatives, with a means of emergency communication with the public in their State or Local Area. [ 72 FR 62132 , Nov. 2, 2007] § 11.2 Definitions. The definitions of terms used in part 11 are: ( a ) National Emergency Message (EAN). The National Emergency Message (formerly called the Emergency Action Notification or Presidential alert message) is the notice to all EAS Participants and to the general public that the EAS has been activated for a national emergency. EAN messages that are formatted in the EAS Protocol (specified in § 11.31 ) are sent from a government origination point to broadcast stations and other entities participating in the National Public Warning System, and are subsequently disseminated via EAS Participants. Dissemination arrangements for EAN messages that are formatted in the EAS Protocol (specified in § 11.31 ) at the State and local levels are specified in the State and Local Area plans (defined at § 11.21 ). A national activation of the EAS for a Presidential National Emergency Message with the Event code EAN as specified in § 11.31 must take priority over any other message and preempt it if it is in progress. ( b ) EAS Participants. Entities required under the Commission's rules to comply with EAS rules, e.g., analog radio and television stations, and wired and wireless cable television systems, DBS, DTV, SDARS, digital cable and DAB, and wireline video systems. ( c ) Wireline Video System. The system of a wireline common carrier used to provide video programming service. ( d ) Intermediary Device. An intermediary device is a stand-alone device that carries out the functions of monitoring for, receiving and/or acquiring, and decoding EAS messages formatted in the Common Alerting Protocol (CAP) in accordance with § 11.56 , and converting such messages into a format that can be inputted into a separate EAS decoder, EAS encoder, or unit combining such decoder and encoder functions, so that the EAS message outputted by such separate EAS decoder, EAS encoder, or unit combining such decoder and encoder functions, and all other functions attendant to processing such EAS message, comply with the requirements in this part. [ 77 FR 16698 , Mar. 22, 2012, as amended at 83 FR 37759 , Aug. 2, 2018; 87 FR 67823 , Nov. 10, 2022] § 11.11 The Emergency Alert System (EAS). ( a ) The EAS is composed of analog radio broadcast stations including AM, FM, Low-power FM (LPFM), and program originating FM booster stations; digital audio broadcasting (DAB) stations, including digital AM, FM, LPFM, and program originating FM booster stations; Class A television (CA) and Low-power TV (LPTV) stations; digital television (DTV) broadcast stations, including digital CA and digital LPTV stations; analog cable systems; digital cable systems which are defined for purposes of this part only as the portion of a cable system that delivers channels in digital format to subscribers at the input of a Unidirectional Digital Cable Product or other navigation device; wireline video systems; wireless cable systems which may consist of Broadband Radio Service (BRS), or Educational Broadband Service (EBS) stations; DBS services, as defined in § 25.701(a) of this chapter (including certain Ku-band Fixed-Satellite Service Direct to Home providers); and SDARS, as defined in § 25.201 of this chapter . These entities are referred to collectively as EAS Participants in this part, and are subject to this part, except as otherwise provided in this section. At a minimum EAS Participants must use a common EAS protocol, as defined in § 11.31 , to send and receive emergency alerts, and comply with the requirements set forth in § 11.56 , in accordance with the following tables: Table 1 to Paragraph ( a )—Analog and Digital Broadcast Station Equipment Deployment Requirements EAS equipment requirement AM & FM & program originating FM booster station Digital AM & FM & program originating FM booster station Analog & digital FM class D Analog & digital LPFM & program originating FM booster station DTV Analog & digital class A TV Analog & digital LPTV EAS Decoder 1 Y Y Y Y Y Y Y EAS Encoder Y Y N N Y Y N Audio message Y Y Y Y Y Y Y Video message N/A N/A N/A N/A Y Y Y 1 EAS Participants may comply with the obligations set forth in § 11.56 to decode and convert CAP-formatted messages into EAS Protocol-compliant messages by deploying an Intermediary Device, as specified in § 11.56(b) . Analog Cable Systems Analog cable systems are subject to the requirements in Table 2 below. Analog cable systems serving fewer than 5,000 subscribers from a headend may either provide the National level EAS message on all programmed channels including the required testing, or comply with the requirements in Table 2. Table 2—Analog Cable System Equipment Deployment Requirements EAS equipment requirement ≥5,000 subscribers <5,000 subscribers EAS decoder 1 Y Y EAS encoder Y Y 2 Audio and Video EAS Message on all channels Y N Video interrupt and audio alert message on all channels; 3 Audio and Video EAS message on at least one channel N Y 1 EAS Participants may comply with the obligations set forth in § 11.56 to decode and convert CAP-formatted messages into EAS Protocol-compliant messages by deploying an Intermediary Device, as specified in § 11.56(b) . 2 Analog cable systems serving <5,000 subscribers are permitted to operate without an EAS encoder if they install an FCC-certified decoder. 3 The Video interrupt must cause all channels that carry programming to flash for the duration of the EAS emergency message. The audio alert must give the channel where the EAS messages are carried and be repeated for the duration of the EAS message. [ Note: Programmed channels do not include channels used for the transmission of data such as interactive games.] Wireless Cable Systems (BRS/EBS Stations) Wireless cable systems are subject to the requirements in Table 3 below. Wireless cable systems serving fewer than 5,000 subscribers from a single transmission site must either provide the National level EAS message on all programmed channels including the required testing, or comply with the requirements in Table 3. Table 3—Wireless Cable System Equipment Deployment Requirements EAS equipment requirement ≥5,000 subscribers <5,000 subscribers EAS decoder 1 Y Y EAS encoder Y Y 2 Audio and Video EAS Message on all channels 3 Y N Video interrupt and audio alert message on all channels; 4 Audio and Video EAS message on at least one channel N Y 1 EAS Participants may comply with the obligations set forth in § 11.56 to decode and convert CAP-formatted messages into EAS Protocol-compliant messages by deploying an Intermediary Device, as specified in § 11.56(b) . 2 Wireless cable systems serving <5,000 subscribers are permitted to operate without an EAS encoder if they install an FCC-certified decoder. 3 All wireless cable systems may comply with this requirement by providing a means to switch all programmed channels to a predesignated channel that carries the required audio and video EAS messages. 4 The Video interrupt must cause all channels that carry programming to flash for the duration of the EAS emergency message. The audio alert must give the channel where the EAS messages are carried and be repeated for the duration of the EAS message. [ Note: Programmed channels do not include channels used for the transmission of data services such as Internet.] Digital Cable Systems and Wireline Video Systems Digital cable systems and Wireline Video Systems must comply with the requirements in Table 4 below. Digital cable systems and Wireline Video Systems serving fewer than 5,000 subscribers from a headend must either provide the National level EAS message on all programmed channels including the required testing, or comply with the requirements in Table 4. Table 4—Digital Cable System and Wireline Video System Equipment Deployment Requirements EAS equipment requirement ≥5,000 subscribers <5,000 subscribers EAS decoder 1 Y Y EAS encoder Y Y 2 Audio and Video EAS Message on all channels 3 Y N Video interrupt and audio alert message on all channels; 4 Audio and Video EAS message on at least one channel N Y 1 EAS Participants may comply with the obligations set forth in § 11.56 to decode and convert CAP-formatted messages into EAS Protocol-compliant messages by deploying an Intermediary Device, as specified in § 11.56(b) . 2 Digital cable systems and wireline video systems serving <5,000 subscribers are permitted to operate without an EAS encoder if they install an FCC-certified decoder. 3 All digital cable systems and wireline video systems may comply with this requirement by providing a means to switch all programmed channels to a predesignated channel that carries the required audio and video EAS messages. 4 The Video interrupt must cause all channels that carry programming to flash for the duration of the EAS emergency message. The audio alert must give the channel where the EAS messages are carried and be repeated for the duration of the EAS message. [ Note: Programmed channels do not include channels used for the transmission of data services such as Internet access.] SDARS and DBS EAS equipment requirement SDARS DBS EAS decoder 1 Y Y EAS encoder Y Y Audio message on all channels 2 Y Y Video message on all channels 2 N/A Y 1 EAS Participants may comply with the obligations set forth in § 11.56 to decode and convert CAP-formatted messages into EAS Protocol-compliant messages by deploying an Intermediary Device, as specified in § 11.56(b) . 2 All SDARS and DBS providers may comply with this requirement by providing a means to switch all programmed channels to a predesignated channel that carries the required audio and video EAS messages or by any other method that ensures that viewers of all channels receive the EAS message. ( b ) Analog class D non-commercial educational FM stations as defined in § 73.506 of this chapter , digital class D non-commercial educational FM stations, analog LPFM stations as defined in §§ 73.811 and 73.853 of this chapter , digital LPFM stations, analog LPTV stations as defined in § 74.701(f) , and digital LPTV stations as defined in § 74.701(k) of this chapter are not required to comply with § 11.32 . Analog and digital LPTV stations that operate as television broadcast translator stations, as defined in § 74.701(b) of this chapter , are not required to comply with the requirements of this part. FM broadcast booster stations as defined in § 74.1201(f)(1) of this chapter and FM translator stations as defined in § 74.1201(a) of this chapter which entirely rebroadcast the programming of other local FM broadcast stations are not required to comply with the requirements of this part. Program originating FM booster stations as defined in § 74.1201(f)(2) of this chapter must comply with the requirements of this part as set forth in table 1 to paragraph (a) of this section. International broadcast stations as defined in § 73.701 of this chapter are not required to comply with the requirements of this part. Analog and digital broadcast stations that operate as satellites or repeaters of a hub station (or common studio or control point if there is no hub station) and rebroadcast 100 percent of the programming of the hub station (or common studio or control point) may satisfy the requirements of this part through the use of a single set of EAS equipment at the hub station (or common studio or control point) which complies with §§ 11.32 and 11.33 . ( c ) For purposes of the EAS, Broadband Radio Service (BRS) and Educational Broadband Service (EBS) stations operated as part of wireless cable systems in accordance with subpart M of part 27 of this chapter are defined as follows: ( 1 ) A “wireless cable system” is a collection of channels in the BRS or EBS used to provide video programming services to subscribers. The channels may be licensed to or leased by the wireless cable system operator. ( 2 ) A “wireless cable operator” is the entity that has acquired the right to use the channels of a wireless cable system for transmission of programming to subscribers. ( d ) Local franchise authorities may use any EAS codes authorized by the FCC in any agreements. ( e ) Other technologies and public service providers, such as low earth orbiting satellites, that wish to participate in the EAS may contact the FCC's Public Safety and Homeland Security Bureau or their State Emergency Communications Committee for information and guidance. [ 63 FR 29662 , June 1, 1998, as amended at 65 FR 7639 , Feb. 15, 2000; 65 FR 21657 , Apr. 24, 2000; 65 FR 30001 , May 10, 2000; 65 FR 34406 , May 30, 2000; 67 FR 18506 , Apr. 16, 2002; 69 FR 72031 , Dec. 10, 2004; 70 FR 19315 , Apr. 13, 2005; 70 FR 71031 , Nov. 25, 2005; 71 FR 76220 , Dec. 20, 2006; 72 FR 62132 , Nov. 2, 2007; 77 FR 16699 , Mar. 22, 2012; 89 FR 26792 , Apr. 16, 2024] §§ 11.12-11.14 [Reserved] § 11.15 EAS Operating Handbook. The EAS Operating Handbook states in summary form the actions to be taken by personnel at EAS Participant facilities upon receipt of an EAN, an EAT, tests, or State and Local Area alerts. It is issued by the FCC and contains instructions for the above situations. A copy of the Handbook must be located at normal duty positions or EAS equipment locations when an operator is required to be on duty and be immediately available to staff responsible for authenticating messages and initiating actions. [ 70 FR 71033 , Nov. 25, 2005] § 11.16 National Control Point Procedures. The National Control Point Procedures are written instructions issued by the FCC to national level EAS control points. The procedures are divided into sections as follows: ( a ) National Level EAS Activation. This section contains the activation and termination instructions for the National Emergency Message. ( b ) EAS Test Transmissions. This section contains the instructions for testing the EAS at the National level. [ 59 FR 67092 , Dec. 28, 1994, as amended at 67 FR 18508 , Apr. 16, 2002; 87 FR 67823 , Nov. 10, 2022] § 11.18 EAS Designations. ( a ) A Primary Entry Point (PEP) is a private or commercial radio broadcast station that cooperatively participates with FEMA to provide EAS alerts to the public. PEPs are the primary source of initial broadcast for a Presidential Alert. A PEP is equipped with back-up communications equipment and power generators designed to enable it to continue broadcasting information to the public during and after disasters of national significance. The National Public Warning System (formerly called the Primary Entry Point System) is a nationwide network of broadcast stations and satellite operators used to distribute EAS alerts formatted in the EAS Protocol. FEMA is responsible for designating broadcast stations as PEPs. ( b ) A National Primary (NP) is an entity tasked with the primary responsibility of receiving the National Emergency Message from a PEP and delivering it to an individual state or portion of a state. In states without a PEP, the NP is responsible for receiving the National Emergency Message from an out-of-state PEP and transmitting it to the public and other EAS Participants in the state. Multiple entities may be charged with primary responsibility for delivering the National Emergency Message. ( c ) A State Primary (SP) is an entity tasked with initiating the delivery of EAS alerts other than the National Emergency Message. ( d ) A State Relay (SR) is an entity not otherwise designated that is charged with retransmitting EAS alerts for the purpose of being monitored by a Local Primary or Participating National. SRs must monitor or deliver EAS alerts as required by the State EAS Plan. ( e ) A State Relay Network (SRN) is a network composed of State Relay (SR) sources, leased common carrier communications facilities, or any other available communication facilities. The network distributes State EAS messages originated by the Governor or designated official. In addition to EAS monitoring, satellites, microwave, FM subcarrier, or any other communications technology may be used to distribute State emergency messages. ( f ) A Local Primary (LP) is an entity that serves as a monitoring assignment for other EAS Participants within the state. LP sources may be assigned numbers (e.g., LP-1, 2, 3) and are relied on as monitoring sources by other EAS Participants in the Local Area. An LP may monitor any other station, including another LP, as set forth in the State EAS Plan, so long as doing so avoids creating a single point of failure in the alert distribution hierarchy. ( g ) A Participating National (PN) is an EAS Participant that transmits national, state, or Local Area EAS messages, and is not otherwise designated within the State EAS Plan. PNs monitor LPs or other sources as set forth in the State EAS Plan. [ 87 FR 67823 , Nov. 10, 2022] § 11.20 [Reserved] § 11.21 State and Local Area plans and FCC Mapbook. EAS plans contain guidelines which must be followed by EAS Participants' personnel, emergency officials, and National Weather Service (NWS) personnel to activate the EAS. The plans include the EAS header codes and messages that will be transmitted by key EAS sources (NP, LP, SP and SR). State and local plans contain unique methods of EAS message distribution such as the use of the Radio Broadcast Data System (RBDS). The plans also include information on actions taken by EAS Participants, in coordination with state and local governments, to ensure timely access to EAS alert content by non-English speaking populations. The plans must be reviewed and approved by the Chief, Public Safety and Homeland Security Bureau (Bureau), prior to implementation to ensure that they are consistent with national plans, FCC regulations, and EAS operation. The plans are administered by State Emergency Communications Committees (SECC). The Commission encourages the chief executive of each State to establish an SECC if their State does not have an SECC, and if the State has an SECC, to review the composition and governance of the SECC. The Bureau will review and approve plans, including annual updated plans, within 60 days of receipt, provided that no defects are found requiring the plan to be returned to the SECC for correction and resubmission. If a plan submitted for approval is found defective, the SECC will be notified of the required corrections, and the corrected plan may be resubmitted for approval, thus starting the 60-day review and approval period anew. The approval dates of State EAS Plans will be listed on the Commission's website. ( a ) State EAS Plans contain guidelines that must be followed by EAS Participants' personnel, emergency officials, and National Weather Service (NWS) personnel to activate the EAS. The Plans include information on actions taken by EAS Participants, in coordination with state and local governments, to ensure timely access to EAS alert content by non-English speaking populations. State EAS Plans must be updated on an annual basis. State EAS Plans must include the following elements: ( 1 ) A list of the EAS header codes and messages that will be transmitted by key EAS sources (NP, LP, SP, and SR); ( 2 ) Procedures for state emergency management officials, the National Weather Service, and EAS Participant personnel to transmit emergency information to the public during an emergency via the EAS, including the extent to which the state's dissemination strategy for state and local emergency alerts differs from its strategy for the National Emergency Message; ( 3 ) Procedures for state and local activations of the EAS, including a list of all authorized entities participating in the State or Local Area EAS; ( 4 ) A monitoring assignment matrix, in computer readable form, clearly showing monitoring assignments and the specific primary and backup path for the National Emergency Message (EAN) from the NPWS to all key EAS sources (using the uniform designations specified in § 11.18 ) and to each station in the plan, organized by operational areas within the state. If a state's emergency alert system is capable of initiating EAS messages formatted in the Common Alerting Protocol (CAP), its EAS State Plan must include specific and detailed information describing how such messages will be aggregated and distributed to EAS Participants within the state, including the monitoring requirements associated with distributing such messages; ( 5 ) State procedures for conducting special EAS tests and Required Monthly Tests (RMTs); ( 6 ) A list of satellite-based communications resources that are used as alternate monitoring assignments and present a reliable source of EAS messages; and ( 7 ) The SECC governance structure utilized by the state in order to organize state and local resources to ensure the efficient and effective delivery of a National Emergency Message, including the duties of the SECC, the membership selection process utilized by the SECC, and the administrative structure of the SECC. ( 8 ) Certification by the SECC Chairperson or Vice-Chairperson that the SECC met (in person, via teleconference, or via other methods of conducting virtual meetings) at least once in the twelve months prior to submitting the annual updated plan to review and update the plan. ( b ) The Local Area plan contains procedures for local officials or the NWS to transmit emergency information to the public during a local emergency using the EAS. Local plans may be a part of the State plan. A Local Area is a geographical area of contiguous communities or counties that may include more than one state. ( c ) The FCC Mapbook is based on the consolidation of the monitoring assignment matrices required in each State EAS Plan with the identifying data contained in the ETRS. The Mapbook organizes all EAS Participants according to their State, EAS Local Area, and EAS designation. EAS Participant monitoring assignments and EAS operations must be implemented in a manner consistent with guidelines established in a State EAS Plan submitted to the Commission in order for the Mapbook to accurately reflect actual alert distribution. ( d ) EAS Participants are required to provide the following information to their respective State Emergency Communications Committees (SECC) within one year from the publication in the Federal Register of a notice announcing the approval by the Office of Management and Budget of the modified information collection requirements under the Paperwork Reduction Act of 1995 and an effective date of the rule amendment: ( 1 ) A description of any actions taken by the EAS Participant (acting individually, in conjunction with other EAS Participants in the geographic area, and/or in consultation with state and local emergency authorities), to make EAS alert content available in languages other than English to its non-English speaking audience(s), ( 2 ) A description of any future actions planned by the EAS Participant, in consultation with state and local emergency authorities, to provide EAS alert content available in languages other than English to its non-English speaking audience(s), along with an explanation for the Participant's decision to plan or not plan such actions, and ( 3 ) Any other relevant information that the EAS Participant may wish to provide, including state-specific demographics on languages other than English spoken within the state, and identification of resources used or necessary to originate current or proposed multilingual EAS alert content. ( e ) Within six months of the expiration of the one-year period referred to in subsection (d) of this section, SECCs shall, as determined by the Commission's Public Safety and Homeland Security Bureau, provide a summary of such information as an amendment to or as otherwise included as part of the State EAS Plan filed by the SECC pursuant to this section 11.21 . ( f ) EAS Participants shall, within 60 days of any material change to the information they have reported pursuant to paragraphs (d)(1) and (2) of this section, submit letters describing such change to both their respective SECCs and the Chief, Public Safety and Homeland Security Bureau. SECCs shall incorporate the information in such letters as amendments to the State EAS Plans on file with the Bureau under this section 11.21 . [ 72 FR 62134 , Nov. 2, 2007, as amended at 77 FR 16700 , Mar. 22, 2012; 80 FR 37174 , June 30, 2015; 81 FR 27351 , May 6, 2016; 83 FR 37759 , Aug. 2, 2018; 86 FR 46791 , Aug. 20, 2021; 87 FR 34215 , June 6, 2022; 87 FR 67823 , Nov. 10, 2022] Subpart B—Equipment Requirements § 11.31 EAS protocol. ( a ) The EAS uses a four part message for an emergency activation of the EAS. The four parts are: Preamble and EAS Header Codes; audio Attention Signal; message; and, Preamble and EAS End Of Message (EOM) Codes. ( 1 ) The Preamble and EAS Codes must use Audio Frequency Shift Keying at a rate of 520.83 bits per second to transmit the codes. Mark frequency is 2083.3 Hz and space frequency is 1562.5 Hz. Mark and space time must be 1.92 milliseconds. Characters are ASCII seven bit characters as defined in ANSI X3.4-1977 ending with an eighth null bit (either 0 or 1) to constitute a full eight-bit byte. ( 2 ) The Attention Signal must be made up of the fundamental frequencies of 853 and 960 Hz. The two tones must be transmitted simultaneously. The Attention Signal must be transmitted after the EAS header codes. ( 3 ) The message may be audio, video or text. ( b ) The ASCII dash and plus symbols are required and may not be used for any other purpose. Unused characters must be ASCII space characters. FM or TV call signs must use a slash ASCII character number 47 (/) in lieu of a dash. ( c ) The EAS protocol, including any codes, must not be amended, extended or abridged without FCC authorization. The EAS protocol and message format are specified in the following representation. Examples are provided in FCC Public Notices. [PREAMBLE]ZCZC-ORG-EEE-PSSCCC + TTTT-JJJHHMM-LLLLLLLL-(one second pause) [PREAMBLE]ZCZC-ORG-EEE-PSSCCC + TTTTpJJJHHMM-LLLLLLLL-(one second pause) [PREAMBLE]ZCZC-ORG-EEE-PSSCCC + TTTT-JJJHHMM-LLLLLLLL-(at least a one second pause) (transmission of 8 to 25 seconds of Attention Signal) (transmission of audio, video or text messages) (at least a one second pause) [PREAMBLE]NNNN (one second pause) [PREAMBLE]NNNN (one second pause) [PREAMBLE]NNNN (at least one second pause) [PREAMBLE] This is a consecutive string of bits (sixteen bytes of AB hexadecimal [8 bit byte 10101011]) sent to clear the system, set AGC and set asynchronous decoder clocking cycles. The preamble must be transmitted before each header and End of Message code. ZCZC—This is the identifier, sent as ASCII characters ZCZC to indicate the start of ASCII code. ORG—This is the Originator code and indicates who originally initiated the activation of the EAS. These codes are specified in paragraph (d) of this section. EEE—This is the Event code and indicates the nature of the EAS activation. The codes are specified in paragraph (e) of this section. The Event codes must be compatible with the codes used by the NWS Weather Radio Specific Area Message Encoder (WRSAME). PSSCCC—This is the Location code and indicates the geographic area affected by the EAS alert. There may be 31 Location codes in an EAS alert. The Location code uses the codes described in the American National Standards Institute (ANSI) standard, ANSI INCITS 31-2009 (“Information technology—Codes for the Identification of Counties and Equivalent Areas of the United States, Puerto Rico, and the Insular Areas”). Each state is assigned an SS number as specified in paragraph (f) of this section. Each county and some cities are assigned a CCC number. A CCC number of 000 refers to an entire State or Territory. P defines county subdivisions as follows: 0 = all or an unspecified portion of a county, 1 = Northwest, 2 = North, 3 = Northeast, 4 = West, 5 = Central, 6 = East, 7 = Southwest, 8 = South, 9 = Southeast. Other numbers may be designated later for special applications. The use of county subdivisions will probably be rare and generally for oddly shaped or unusually large counties. Any subdivisions must be defined and agreed to by the local officials prior to use. + TTTT—This indicates the valid time period of a message in 15 minute segments up to one hour and then in 30 minute segments beyond one hour; i.e. , + 0015, + 0030, + 0045, + 0100, + 0430 and + 0600. JJJHHMM—This is the day in Julian Calendar days (JJJ) of the year and the time in hours and minutes (HHMM) when the message was initially released by the originator using 24 hour Universal Coordinated Time (UTC). LLLLLLLL—This is the identification of the EAS Participant, NWS office, etc., transmitting or retransmitting the message. These codes will be automatically affixed to all outgoing messages by the EAS encoder. NNNN—This is the End of Message (EOM) code sent as a string of four ASCII N characters. ( d ) ( 1 ) The only originator codes are: Originator ORG code EAS Participant EAS Civil authorities CIV National Weather Service WXR United States Government PEP ( 2 ) Use of the previously authorized NIC originator code (National Information Center) must be discontinued by no later than December 12, 2023. ( e ) The following Event (EEE) codes are presently authorized: Nature of activation Event codes National codes (required): National Emergency Message EAN Nationwide Test of the Emergency Alert System NPT Required Monthly Test RMT Required Weekly Test RWT State and Local Codes (Optional): Administrative Message ADR. Avalanche Warning AVW. Avalanche Watch AVA. Blizzard Warning BZW. Blue Alert BLU. Child Abduction Emergency CAE. Civil Danger Warning CDW. Civil Emergency Message CEM. Coastal Flood Warning CFW. Coastal Flood Watch CFA. Dust Storm Warning DSW. Earthquake Warning EQW. Evacuation Immediate EVI. Extreme Wind Warning EWW. Fire Warning FRW. Flash Flood Warning FFW. Flash Flood Watch FFA. Flash Flood Statement FFS. Flood Warning FLW. Flood Watch FLA. Flood Statement FLS. Hazardous Materials Warning HMW. High Wind Warning HWW. High Wind Watch HWA. Hurricane Warning HUW. Hurricane Watch HUA. Hurricane Statement HLS. Law Enforcement Warning LEW. Local Area Emergency LAE. Network Message Notification NMN. 911 Telephone Outage Emergency TOE. Nuclear Power Plant Warning NUW. Practice/Demo Warning DMO. Radiological Hazard Warning RHW. Severe Thunderstorm Warning SVR. Severe Thunderstorm Watch SVA. Severe Weather Statement SVS. Shelter in Place Warning SPW Special Marine Warning SMW. Special Weather Statement SPS. Storm Surge Watch SSA. Storm Surge Warning SSW. Tornado Warning TOR. Tornado Watch TOA. Tropical Storm Warning TRW. Tropical Storm Watch TRA. Tsunami Warning TSW. Tsunami Watch TSA. Volcano Warning VOW. Winter Storm Warning WSW. Winter Storm Watch WSA. ( f ) The All U.S., State, Territory and Offshore (Marine Area) ANSI number codes (SS) are as follows. County ANSI numbers (CCC) are contained in the State EAS Mapbook. ANSI No. All U.S 00 State: AL 01 AK 02 AZ 04 AR 05 CA 06 CO 08 CT 09 DE 10 DC 11 FL 12 GA 13 HI 15 ID 16 IL 17 IN 18 IA 19 KS 20 KY 21 LA 22 ME 23 MD 24 MA 25 MI 26 MN 27 MS 28 MO 29 MT 30 NE 31 NV 32 NH 33 NJ 34 NM 35 NY 36 NC 37 ND 38 OH 39 OK 40 OR 41 PA 42 RI 44 SC 45 SD 46 TN 47 TX 48 UT 49 VT 50 VA 51 WA 53 WV 54 WI 55 WY 56 Terr.: AS 60 FM 64 GU 66 MH 68 PR 72 PW 70 UM 74 VI 78 Offshore (Marine Areas) 1 Eastern North Pacific Ocean, and along U.S. West Coast from Canadian border to Mexican border 57 North Pacific Ocean near Alaska, and along Alaska coastline, including the Bering Sea and the Gulf of Alaska 58 Central Pacific Ocean, including Hawaiian waters 59 South Central Pacific Ocean, including American Samoa waters 61 Western Pacific Ocean, including Mariana Island waters 65 Western North Atlantic Ocean, and along U.S. East Coast, from Canadian border south to Currituck Beach Light, N.C 73 Western North Atlantic Ocean, and along U.S. East Coast, south of Currituck Beach Light, NC, following the coastline to Ocean Reef, FL, including the Caribbean 75 Gulf of Mexico, and along the U.S. Gulf Coast from the Mexican border to Ocean Reef, FL 77 Lake Superior 91 Lake Michigan 92 Lake Huron 93 Lake St. Clair 94 Lake Erie 96 Lake Ontario 97 St. Lawrence River above St. Regis 98 1 The numbers assigned to the offshore marine areas listed in this table are not described under the ANSI standard, but rather are numeric codes that were assigned by the National Weather Service. [ 59 FR 67092 , Dec. 28, 1994, as amended at 60 FR 55999 , Nov. 6, 1995; 61 FR 54952 , Oct. 23, 1996; 63 FR 29663 , June 1, 1998; 67 FR 18508 , Apr. 16, 2002; 67 FR 77174 , Dec. 17, 2002; 69 FR 72031 , Dec. 10, 2004; 70 FR 71033 , Nov. 25, 2005; 77 FR 16701 , Mar. 22, 2012; 80 FR 37174 , June 30, 2015; 81 FR 53043 , Aug. 11, 2016; 83 FR 2563 , Jan. 18, 2018; 87 FR 67823 , Nov. 10, 2022] § 11.32 EAS Encoder. ( a ) EAS Encoders must at a minimum be capable of encoding the EAS protocol described in § 11.31 and providing the EAS code transmission requirements described in § 11.51 . EAS encoders must additionally provide the following minimum specifications: ( 1 ) Encoder programming. Access to encoder programming shall be protected by a lock or other security measures and be configured so that authorized personnel can readily select and program the EAS Encoder with Originator, Event and Location codes for either manual or automatic operation. ( 2 ) Inputs. The encoder shall have at least one input port used for audio messages and at least one input port used for data messages. ( 3 ) Outputs. The encoder shall have at least one audio output port and at least one data output port. ( 4 ) Calibration. EAS Encoders must provide a means to comply with the modulation levels required in § 11.51(f) . ( 5 ) Day-Hour-Minute and Identification Stamps. The encoder shall affix the JJJHHMM and LLLLLLLL codes automatically to all initial messages. ( 6 ) Program Data Retention. Program data and codes shall be retained even with the power removed. ( 7 ) Indicator. An aural or visible means that it activated when the Preamble is sent and deactivated at the End of Message code. ( 8 ) Spurious Response. All frequency components outside 200 to 4000 Hz shall be attenuated by 40 dB or more with respect to the output levels of the mark or space frequencies. ( 9 ) Attention Signal generator. The encoder must provide an attention signal that complies with the following: ( i ) Tone Frequencies. The audio tones shall have fundamental frequencies of 853 and 960 Hz and not vary over ±0.5 Hz. ( ii ) Harmonic Distortion. The total harmonic distortion of each of the audio tones may not exceed 5% at the encoder output terminals. ( iii ) Minimum Level of Output. The encoder shall have an output level capability of at least + 8 dBm into a 600 Ohm load impedance at each audio tone. A means shall be provided to permit individual activation of the two tones for calibration of associated systems. ( iv ) Time Period for Transmission of Tones. The encoder shall have timing circuitry that automatically generates the two tones simultaneously for a time period of 8 seconds. ( v ) Inadvertent activation. The switch used for initiating the automatic generation of the simultaneous tones shall be protected to prevent accidental operation. ( vi ) Indicator Display. The encoder shall be provided with a visual and/or aural indicator which clearly shows that the Attention Signal is activated. ( b ) Operating Temperature and Humidity. Encoders shall have the ability to operate with the above specifications within an ambient temperature range of 0 to + 50 degrees C and a range of relative humidity of up to 95%. ( c ) Primary Supply Voltage Variation. Encoders shall be capable of complying with the requirements of this section during a variation in primary supply voltage of 85 percent to 115 percent of its rated value. ( d ) Testing Encoder Units. Encoders not covered by § 11.34(e) of this part shall be tested in a 10 V/m minimum RF field at an AM broadcast frequency and a 0.5 V/m minimum RF field at an FM or TV broadcast frequency to simulate actual working conditions. [ 59 FR 67092 , Dec. 28, 1994, as amended at 77 FR 16703 , Mar. 22, 2012] § 11.33 EAS Decoder. ( a ) An EAS Decoder must at a minimum be capable of providing the EAS monitoring functions described in § 11.52 , decoding EAS messages formatted in accordance with the EAS Protocol described in § 11.31 , and converting Common Alerting Protocol (CAP)-formatted EAS messages into EAS alert messages that comply with the EAS Protocol, in accordance with § 11.56(a)(2) , with the exception that the CAP-related monitoring and conversion requirements set forth in §§ 11.52(d)(2) and 11.56(a)(2) can be satisfied via an Intermediary Device, as specified in § 11.56(b) , provided that all other requirements set forth in this part are met. An EAS Decoder also must be capable of the following minimum specifications: ( 1 ) Inputs. Decoders must have the capability to receive at least two audio inputs from EAS monitoring assignments, and at least one data input. The data input(s) may be used to monitor other communications modes such as Radio Broadcast Data System (RBDS), NWR, satellite, public switched telephone network, or any other source that uses the EAS protocol. ( 2 ) Valid codes. There must be a means to determine if valid EAS header codes are received and to determine if preselected header codes are received. ( 3 ) Storage. Decoders must provide the means to: ( i ) Record and store, either internally or externally, at least two minutes of audio or text messages. A decoder manufactured without an internal means to record and store audio or text must be equipped with a means (such as an audio or digital jack connection) to couple to an external recording and storing device. ( ii ) Store at least ten preselected event and originator header codes, in addition to the seven mandatory event/originator codes for tests and national activations, and store any preselected location codes for comparison with incoming header codes. A non-preselected header code that is manually transmitted must be stored for comparison with later incoming header codes. The header codes of the last ten received valid messages which still have valid time periods must be stored for comparison with the incoming valid header codes for later messages. These last received header codes will be deleted from storage as their valid time periods expire. ( 4 ) Display and logging. For received alert messages formatted in both the EAS Protocol and Common Alerting Protocol, a visual message shall be developed from any valid header codes for tests and national activations and any preselected header codes received. The message shall at a minimum include the Originator, Event, Location, the valid time period of the message and the local time the message was transmitted. The message shall be in the primary language of the EAS Participant and be fully displayed on the decoder and readable in normal light and darkness. The visual message developed from received alert messages formatted in the Common Alerting Protocol must conform to the requirements in §§ 11.51(d) , (g)(3) , (h)(3) , and (j)(2) of this part . All existing and new models of EAS decoders manufactured after August 1, 2003 must provide a means to permit the selective display and logging of EAS messages containing header codes for state and local EAS events. Effective May 16, 2002, analog radio and television broadcast stations, analog cable systems and wireless cable systems may upgrade their decoders on an optional basis to include a selective display and logging capability for EAS messages containing header codes for state and local events. EAS Participants that install or replace their decoders after February 1, 2004 must install decoders that provide a means to permit the selective display and logging of EAS messages containing header codes for state and local EAS events. ( 5 ) Indicators. EAS decoders must have a distinct and separate aural or visible means to indicate when any of the following conditions occurs: ( i ) Any valid EAS header codes are received as specified in § 11.33(a)(10) . ( ii ) Preprogrammed header codes, such as those selected in accordance with § 11.52(d)(2) are received. ( iii ) A signal is present at each audio input that is specified in § 11.33(a)(1) . ( 6 ) Program Data Retention. The program data must be retained even with power removed. ( 7 ) Outputs. Decoders shall have at least one data port where received valid EAS header codes and received preselected header codes are available, at least one audio port that is capable of monitoring each decoder audio input, and an internal speaker to enable personnel to hear audio from each input. ( 8 ) Decoder Programming. Access to decoder programming shall be protected by a lock or other security measures and be configured so that authorized personnel can readily select and program the EAS Decoder with preselected Originator, Event and Location codes for either manual or automatic operation. ( 9 ) Reset. There shall be a method to automatically or manually reset the decoder to the normal monitoring condition. Operators shall be able to select a time interval, not less than two minutes, in which the decoder would automatically reset if it received an EAS header code but not an end-of-message (EOM) code. Messages received with the EAN Event codes shall disable the reset function so that lengthy audio messages can be handled. The last message received with valid header codes shall be displayed as required by paragraph (a)(4) of this section before the decoder is reset. ( 10 ) Message Validity. An EAS Decoder must provide error detection and validation of the header codes of each message to ascertain if the message is valid. Header code comparisons may be accomplished through the use of a bit-by-bit compare or any other error detection and validation protocol. A header code must only be considered valid when two of the three headers match exactly; the Origination Date/Time field (JJJHHMM) is not more than 15 minutes in the future and the expiration time (Origination Date/Time plus Valid Time TTTT) is in the future ( i.e., current time at the EAS equipment when the alert is received is between origination time minus 15 minutes and expiration time). Duplicate messages must not be relayed automatically. ( 11 ) A header code with the EAN Event code specified in § 11.31(c) that is received through any of the audio or data inputs must override all other messages. ( b ) Decoders shall be capable of operation within the tolerances specified in this section as well as those in § 11.32 (b) , (c) and (d) . [ 59 FR 67092 , Dec. 28, 1994, as amended at 60 FR 55999 , Nov. 6, 1995; 67 FR 18510 , Apr. 16, 2002; 70 FR 71033 , Nov. 25, 2005; 77 FR 16703 , Mar. 22, 2012; 83 FR 39620 , Aug. 10, 2018] § 11.34 Acceptability of the equipment. ( a ) An EAS Encoder used for generating the EAS codes and the Attention Signal must be Certified in accordance with the procedures in part 2, subpart J, of this chapter. The data and information submitted must show the capability of the equipment to meet the requirements of this part as well as the requirements contained in part 15 of this chapter for digital devices. ( b ) Decoders used for the detection of the EAS codes and receiving the Attention Signal must be Certified in accordance with the procedures in part 2, subpart J, of this chapter. The data and information submitted must show the capability of the equipment to meet the requirements of this part as well as the requirements contained in part 15 of this chapter for digital devices. ( c ) The functions of the EAS decoder, Attention Signal generator and receiver, and the EAS encoder specified in §§ 11.31 , 11.32 and 11.33 may be combined and Certified as a single unit provided that the unit complies with all specifications in this rule section. ( d ) Manufacturers must include instructions and information on how to install, operate and program an EAS Encoder, EAS Decoder, or combined unit and a list of all State and county ANSI numbers with each unit sold or marketed in the U.S. ( e ) Waiver requests of the Certification requirements for EAS Encoders or EAS Decoders which are constructed for use by an EAS Participant, but are not offered for sale will be considered on an individual basis in accordance with part 1, subpart G, of this chapter. ( f ) Modifications to existing authorized EAS decoders, encoders or combined units necessary to implement the new EAS codes specified in § 11.31 and to implement the selective displaying and logging feature specified in § 11.33(a)(4) will be considered Class I permissive changes that do not require a new application for and grant of equipment certification under part 2, subpart J of this chapter . ( g ) All existing and new models of EAS encoders, decoders and combined units manufactured after August 1, 2003 must be capable of generating and detecting the new EAS codes specified in § 11.31 in order to be certified under part 2, subpart J of this chapter . All existing and new models of EAS decoders and combined units manufactured after August 1, 2003 must have the selective displaying and logging capability specified in § 11.33(a)(4) in order to be certified under part 2, subpart J of this chapter . [ 59 FR 67092 , Dec. 28, 1994, as amended at 60 FR 56000 , Nov. 6, 1995; 67 FR 18510 , Apr. 16, 2002; 70 FR 71034 , Nov. 25, 2005; 77 FR 16703 , Mar. 22, 2012] § 11.35 Equipment operational readiness. ( a ) EAS Participants are responsible for ensuring that EAS Encoders, EAS Decoders, Attention Signal generating and receiving equipment, and Intermediate Devices used as part of the EAS to decode and/or encode messages formatted in the EAS Protocol and/or the Common Alerting Protocol are installed so that the monitoring and transmitting functions are available during the times the stations and systems are in operation. Additionally, EAS Participants must determine the cause of any failure to receive the required tests or activations specified in § 11.61(a)(1) and (2) . Appropriate entries indicating reasons why any tests were not received must be made in the broadcast station log as specified in §§ 73.1820 and 73.1840 of this chapter for all broadcast streams and cable system records as specified in §§ 76.1700 , 76.1708 , and 76.1711 of this chapter . All other EAS Participants must also keep records indicating reasons why any tests were not received and these records must be retained for two years, maintained at the EAS Participant's headquarters, and made available for public inspection upon reasonable request. ( b ) If an EAS Encoder, EAS Decoder or Intermediary Device used as part of the EAS to decode and/or encode messages formatted in the EAS Protocol and/or the Common Alerting Protocol becomes defective, the EAS Participant may operate without the defective equipment pending its repair or replacement for 60 days without further FCC authority. Entries shall be made in the broadcast station log, cable system records, and records of other EAS Participants, as specified in paragraph (a) of this section, showing the date and time the equipment was removed and restored to service. For personnel training purposes, the required monthly test script must still be transmitted even though the equipment for generating the EAS message codes, Attention Signal and EOM code is not functioning. ( c ) If repair or replacement of defective equipment is not completed within 60 days, an informal request shall be submitted to the Regional Director of the FCC field office serving the area in which the EAS Participant is located, or in the case of DBS and SDARS providers to the Regional Director of the FCC field office serving the area where their headquarters is located, for additional time to repair the defective equipment. This request must explain what steps have been taken to repair or replace the defective equipment, the alternative procedures being used while the defective equipment is out of service, and when the defective equipment will be repaired or replaced. [ 70 FR 71034 , Nov. 25, 2005, as amended at 77 FR 16704 , Mar. 22, 2012; 80 FR 53750 , Sept. 8, 2015] Subpart C—Organization § 11.41 Participation in EAS. All EAS Participants specified in § 11.11 are categorized as Participating National (PN) sources, and must have immediate access to an EAS Operating Handbook. [ 77 FR 16704 , Mar. 22, 2012] § 11.42 [Reserved] § 11.43 National level participation. Entities that wish to voluntarily participate in the national level EAS may submit a written request to the Chief, Public Safety and Homeland Security Bureau. [ 71 FR 69038 , Nov. 29, 2006] § 11.44 Alert repetition. An alert originator may “repeat” an alert by releasing the alert anew— i.e., re-originating the alert—at least one minute subsequent to the time the message was initially released by the originator, as reflected in the repeat alert's JJJHHMM header code. Because alerts take time to activate across the EAS alert distribution chain, alert originators should consider an interval between the original and re-originated alert that is long enough to account for this process. If the re-originated alert is intended to reflect a valid time period consistent with the original, the valid time period code (the +TTTT header code identified in § 11.31(c) ) set for the re-originated alert should be adjusted to account for the elapsed time between the original and re-originated alerts. Alert originators should be aware that repeating alerts routinely may cause alert fatigue among the public. [ 86 FR 46791 , Aug. 20, 2021] § 11.45 Prohibition of false or deceptive EAS transmissions. ( a ) No person may transmit or cause to transmit the EAS codes or Attention Signal, or a recording or simulation thereof, in any circumstance other than in an actual National, State or Local Area emergency or authorized test of the EAS; or as specified in §§ 10.520(d) , 11.46 , and 11.61 of this chapter . ( b ) No later than twenty-four (24) hours of an EAS Participant's discovery ( i.e., actual knowledge) that it has transmitted or otherwise sent a false alert to the public, the EAS Participant shall send an email to the Commission at the FCC Ops Center at FCCOPS@fcc.gov , informing the Commission of the event and of any details that the EAS Participant may have concerning the event. ( c ) If the Administrator of the Federal Emergency Management Agency or a State, local, Tribal, or territorial government entity becomes aware of transmission of an EAS false alert to the public, they are encouraged to send an email to the Commission at the FCC Ops Center at FCCOPS@fcc.gov , informing the Commission of the event and of any details that they may have concerning the event. [ 83 FR 39621 , Aug. 10, 2018, as amended at 86 FR 46791 , Aug. 20, 2021; 87 FR 34215 , June 6, 2022] § 11.46 EAS public service announcements. EAS Participants may use the EAS Attention Signal and a simulation of the EAS codes as provided by FEMA in EAS Public Service Announcements (PSAs) (including commercially-sponsored announcements, infomercials, or programs) provided by federal, state, and local government entities, or non-governmental organizations, to raise public awareness about emergency alerting. This usage is only permitted if the PSA is presented in a non-misleading and technically harmless manner, including with the explicit statement that the Attention Signal and EAS code simulation are being used in the context of a PSA for the purpose of educating the viewing or listening public about emergency alerting. [ 83 FR 39621 , Aug. 10, 2018] § 11.47 Optional use of other communications methods and systems. ( a ) Analog and digital broadcast stations may additionally transmit EAS messages through other communications means. For example, on a voluntary basis, FM stations may use subcarriers to transmit the EAS codes including 57 kHz using the RBDS standard produced by the National Radio Systems Committee (NRSC) and television stations may use subsidiary communications services. ( b ) Other technologies and public service providers, such as low earth orbiting satellites, that wish to participate in the EAS may contact the FCC's Public Safety and Homeland Security Bureau or their State Emergency Communications Committee for information and guidance. [ 70 FR 71034 , Nov. 25, 2005, as amended at 71 FR 76220 , Dec. 20, 2006; 72 FR 62135 , Nov. 2, 2007] Subpart D—Emergency Operations § 11.51 EAS code and Attention Signal Transmission requirements. ( a ) Analog and digital broadcast stations must transmit, either automatically or manually, national level EAS messages and required tests by sending the EAS header codes, Attention Signal, emergency message and End of Message (EOM) codes using the EAS Protocol. The Attention Signal must precede any emergency audio message. ( b ) When relaying EAS messages, EAS Participants may transmit only the EAS header codes and the EOM code without the Attention Signal and emergency message for State and local emergencies. Pauses in video programming before EAS message transmission should not cause television receivers to mute EAS audio messages. No Attention Signal is required for EAS messages that do not contain audio programming, such as a Required Weekly Test. ( c ) All analog and digital radio and television stations shall transmit EAS messages in the main audio channel. All DAB stations shall also transmit EAS messages on all audio streams. All DTV broadcast stations shall also transmit EAS messages on all program streams. ( d ) Analog and digital television broadcast stations, analog cable systems, digital cable systems, wireless cable systems, wireline video systems, and DBS providers shall transmit a visual message containing the Originator, Event, and Location and the valid time period of an EAS message. Visual messages derived from CAP-formatted EAS messages shall contain the Originator, Event, Location and the valid time period of the message and shall be constructed in accordance with § 3.6 of the “ECIG Recommendations for a CAP EAS Implementation Guide, Version 1.0” (May 17, 2010). ( 1 ) The visual message portion of an EAS alert, whether video crawl or block text, must be displayed: ( i ) At the top of the television screen or where it will not interfere with other visual messages ( ii ) In a manner ( i.e., font size, color, contrast, location, and speed) that is readily readable and understandable, ( iii ) In a manner that does not contain overlapping lines of EAS text or extend beyond the viewable display (except for video crawls that intentionally scroll on and off of the screen), and ( iv ) In full at least once during any EAS message. ( 2 ) The audio portion of an EAS message must play in full at least once during any EAS message. ( 3 ) On and after December 12, 2023, ( i ) The portion of the required visual message corresponding with the Originator Code shall use the term in the first column in the table in § 11.31(d) corresponding to the ORG code in the second column of that table. ( ii ) The portion of the required visual message corresponding with the Event Code shall use the term in the first column in the table in § 11.31(e) corresponding to the Event code in the second column of that table, except as set forth in paragraphs (d)(3)(iii) and (d)(5) of this section. ( iii ) Notwithstanding paragraphs (d)(3)(i) and (ii) of this section, if the header codes of the received EAS message specify the NPT Event code and the “All U.S.” location code, and if the received EAS message is formatted in the EAS protocol, then the required visual message shall consist of the following text instead of replicating the terms of the Originator, Event, and Location codes: “This is a nationwide test of the Emergency Alert System, issued by the Federal Emergency Management Agency, covering the United States from [time] until [time]. This is only a test. No action is required by the public.” The “from [time] until [time]” portion of the text required in the preceding sentence shall be determined from the alert's release date/time and valid time period header codes specified at § 11.31(c) . ( 4 ) Prior to December 12, 2023, the required visual message shall either conform to paragraph (d)(3) or, in the alternative, shall display— ( i ) The term “Emergency Action Notification” as the portion of the visual message corresponding to the EAN Event code if the header codes of the received EAS message specify the EAN Event code. ( ii ) The term “National Periodic Test” as the portion of the visual message corresponding to the NPT Event code if the header codes of the received EAS message specify the NPT Event code. ( iii ) The term “Primary Entry Point” as the portion of the visual message corresponding to the PEP Originator code if the header codes of the received EAS message specify the PEP Originator code. ( 5 ) If the EAS Participant is an analog or digital cable system subject to paragraphs (g) or (h) of this section, then— ( i ) If, with respect to a particular subscriber, the portion of the required visual message corresponding to the EAN event code can be altered by means of software upgrades or other changes that do not require replacement of the subscriber's navigation device, then, prior to March 12, 2024, the portion of the required visual message displayed to the subscriber corresponding to the EAN Event code shall comply with either paragraph (d)(3)(ii) or (d)(4)(i) of this section; after that date, the portion of the required visual message displayed to the subscriber corresponding to the EAN Event code shall comply with paragraph (d)(3)(ii) of this section. ( ii ) If, with respect to a particular subscriber, no alterations to the portion of the required visual message corresponding to the EAN event code can be implemented unless the subscriber's navigation device is replaced with a device that is capable of displaying the visual message corresponding to the EAN event code as set forth in paragraph (d)(3)(ii) of this section then, prior to December 12, 2028 or the date when the subscriber's navigation device is replaced, whichever occurs earliest— ( A ) The portion of the required visual message displayed to the subscriber corresponding to the EAN Event code shall comply with either paragraph (d)(3)(ii) or paragraph (d)(4)(i) of this section; thereafter, the portion of the required visual message displayed to the subscriber corresponding to the EAN Event code shall comply with paragraph (d)(3)(ii) of this section. ( B ) If the operator of the cable system makes the navigation device available to the subscriber as “associated equipment” in connection with a cable service, as the term “associated equipment” is used in part 76, subpart N of this chapter , and a subscriber who is deaf or hard of hearing requests that the cable system operator provide a navigation device that is capable of displaying a visual message that complies with paragraph (d)(1) of this section, to replace a navigation device that lacks such capability, then the cable system operator shall provide and, if necessary, install such replacement navigation device within a reasonable period of time, to the same extent required and on the same terms and conditions as set forth at § 79.108 of this chapter . This paragraph (d)(5)(ii)(B) applies only to subscribers who state that they are deaf or hard of hearing or a household member who is deaf or hard of hearing. ( iii ) Prior to December 12, 2028, the cable system operator must prominently display on its website information regarding the availability of replacement navigation devices to eligible subscribers as set forth in paragraph (d)(5)(ii)(B) of this section, in the same manner as provided at § 79.108(d)(2) of this chapter . ( iv ) For purposes of this paragraph (d)(5) , the term “navigation device” means equipment that is located at a subscriber's premises and satisfies the definition of “navigation device” in § 76.1200(c) of this chapter . ( e ) Analog class D non-commercial educational FM stations as defined in § 73.506 of this chapter , digital class D non-commercial educational FM stations, analog Low Power FM (LPFM) stations as defined in §§ 73.811 and 73.853 of this chapter , digital LPFM stations, analog low power TV (LPTV) stations as defined in § 74.701(f) of this chapter , and digital LPTV stations as defined in § 74.701(k) of this chapter are not required to have equipment capable of generating the EAS codes and Attention Signal specified in § 11.31 . ( f ) Analog and digital broadcast station equipment generating the EAS codes and the Attention Signal shall modulate a broadcast station transmitter so that the signal broadcast to other EAS Participants alerts them that the EAS is being activated or tested at the National, State or Local Area level. The minimum level of modulation for EAS codes, measured at peak modulation levels using the internal calibration output required in § 11.32(a)(4) , shall modulate the transmitter at the maximum possible level, but in no case less than 50% of full channel modulation limits. Measured at peak modulation levels, each of the Attention Signal tones shall be calibrated separately to modulate the transmitter at no less than 40%. These two calibrated modulation levels shall have values that are within 1 dB of each other. ( g ) Analog cable systems and digital cable systems with fewer than 5,000 subscribers per headend and wireline video systems and wireless cable systems with fewer than 5,000 subscribers shall transmit EAS audio messages in the same order specified in paragraph (a) of this section on at least one channel. The Attention signal may be produced from a storage device. Additionally, these analog cable systems, digital cable systems, and wireless cable systems: ( 1 ) Must install, operate, and maintain equipment capable of generating the EAS codes. The modulation levels for the EAS codes and Attention Signal for analog cable systems shall comply with the aural signal requirements in § 76.605 of this chapter , ( 2 ) Must provide a video interruption and an audio alert message on all channels. The audio alert message must state which channel is carrying the EAS video and audio message, ( 3 ) Shall transmit a visual EAS message on at least one channel. The visual message shall comply with the requirements in paragraph (d) of this section. ( 4 ) May elect not to interrupt EAS messages from broadcast stations based upon a written agreement between all concerned. Further, analog cable systems, digital cable systems, and wireless cable systems may elect not to interrupt the programming of a broadcast station carrying news or weather related emergency information with state and local EAS messages based on a written agreement between all parties. ( 5 ) Wireless cable systems and digital cable systems with a requirement to carry the audio and video EAS message on at least one channel and a requirement to provide video interrupt and an audio alert message on all other channels stating which channel is carrying the audio and video EAS message, may comply by using a means on all programmed channels that automatically tunes the subscriber's set-top box to a pre-designated channel which carries the required audio and video EAS messages. ( h ) Analog cable systems and digital cable systems with 10,000 or more subscribers; analog cable and digital cable systems serving 5,000 or more, but less than 10,000 subscribers per headend; and wireline video systems and wireless cable systems with 5,000 or more subscribers shall transmit EAS audio messages in the same order specified in paragraph (a) of this section. The Attention signal may be produced from a storage device. Additionally, these analog cable systems, digital cable systems, and wireless cable systems: ( 1 ) Must install, operate, and maintain equipment capable of generating the EAS codes. The modulation levels for the EAS codes and Attention Signal for analog cable systems shall comply with the aural signal requirements in § 76.605 of this chapter . This will provide sufficient signal levels to operate subscriber television and radio receivers equipped with EAS decoders and to audibly alert subscribers. Wireless cable systems and digital cable systems shall also provide sufficient signal levels to operate subscriber television and radio receivers equipped with EAS decoders and to audibly alert subscribers. ( 2 ) Shall transmit the EAS audio message required in paragraph (a) of this section on all downstream channels. ( 3 ) Shall transmit the EAS visual message on all downstream channels. The visual message shall comply with the requirements in paragraph (d) of this section. ( 4 ) May elect not to interrupt EAS messages from broadcast stations based upon a written agreement between all concerned. Further, analog cable systems, digital cable systems, and wireless cable systems may elect not to interrupt the programming of a broadcast station carrying news or weather related emergency information with state and local EAS messages based on a written agreement between all parties. ( 5 ) Wireless cable systems and digital cable systems with a requirement to carry the audio and video EAS message on all downstream channels may comply by using a means on all programmed channels that automatically tunes the subscriber's set-top box to a pre-designated channel which carries the required audio and video EAS messages. ( i ) SDARS licensees shall transmit national audio EAS messages on all channels in the same order specified in paragraph (a) of this section. ( 1 ) SDARS licensees must install, operate, and maintain equipment capable of generating the EAS codes. ( 2 ) SDARS licensees may determine the distribution methods they will use to comply with this requirement. ( j ) DBS providers shall transmit national audio and visual EAS messages on all channels in the same order specified in paragraph (a) of this section. ( 1 ) DBS providers must install, operate, and maintain equipment capable of generating the EAS codes. ( 2 ) The visual message shall comply with the requirements in paragraph (d) of this section. ( 3 ) DBS providers may determine the distribution methods they will use to comply with this requirement. Such methods may include distributing the EAS message on all channels, using a means to automatically tune the subscriber's set-top box to a pre-designated channel which carries the required audio and video EAS messages, and/or passing through the EAS message provided by programmers and/or local channels (where applicable). ( k ) If manual interrupt is used as authorized in paragraph (m) of this section, EAS Encoders must be located so that EAS Participant staff, at normal duty locations, can initiate the EAS code and Attention Signal transmission. ( l ) EAS Participants that are co-owned and co-located with a combined studio or control facility, (such as an AM and FM licensed to the same entity and at the same location or a cable headend serving more than one system) may provide the EAS transmitting requirements contained in this section for the combined stations or systems with one EAS Encoder. The requirements of § 11.32 must be met by the combined facility. ( m ) EAS Participants are required to transmit all received EAS messages in which the header code contains the Event code for National Emergency Message (EAN), Nationwide Test of the Emergency Alert System (NPT), or Required Monthly Test (RMT), and when the accompanying location codes include their State or State/county. These EAS messages shall be retransmitted unchanged except for the LLLLLLLL-code which identifies the EAS Participant retransmitting the message. See § 11.31(c) . If an EAS source originates an EAS message with any of the Event codes listed in this paragraph, it must include the location codes for the State(s) and counties in its service area. When transmitting the required weekly test, EAS Participants shall use the event code RWT. The location codes are the state and county for the broadcast station city of license or system community or city. Other location codes may be included upon approval of station or system management. EAS messages may be transmitted automatically or manually. ( 1 ) Automatic interrupt of programming and transmission of EAS messages are required when facilities are unattended. Automatic transmissions must include a permanent record that contains at a minimum the following information: Originator, Event, Location and valid time period of the message. The decoder performs the functions necessary to determine which EAS messages are automatically transmitted by the encoder. ( 2 ) Manual interrupt of programming and transmission of EAS messages may be used. EAS messages with the National Emergency Message (EAN) Event code or the Nationwide Test of the Emergency Alert System (NPT) Event code must be transmitted immediately. Monthly EAS test messages must be transmitted within 60 minutes. All actions must be logged and include the minimum information required for EAS video messages. ( n ) EAS Participants may employ a minimum delay feature, not to exceed 15 minutes, for automatic interruption of EAS codes. However, this may not be used for the EAN Event code, or the NPT Event code in the case of a nationwide test of the EAS, which must be transmitted immediately. The delay time for an RMT message may not exceed 60 minutes. ( o ) Either manual or automatic operation of EAS equipment may be used by EAS Participants that use remote control. If manual operation is used, an EAS decoder must be located at the remote control location and it must directly monitor the signals of the two assigned EAS sources. If direct monitoring of the assigned EAS sources is not possible at the remote location, automatic operation is required. If automatic operation is used, the remote control location may be used to override the transmission of an EAS alert. EAS Participants may change back and forth between automatic and manual operation. ( p ) The material listed in this paragraph (p) is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . To enforce any edition other than that specified in this section, the Federal Communications Commission (FCC) must publish notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the FCC and at the National Archives and Records Administration (NARA). Contact FCC at: the address indicated in 47 CFR 0.401(a) of this chapter (Reference Information Center). For information on the availability of this material at NARA, email: fr.inspection@nara.gov , or go to: www.archives.gov/federal-register/cfr/ibr-locations.html . The material may be obtained from the following source in this paragraph (p) . [ 70 FR 71035 , Nov. 25, 2005, as amended at 71 FR 76220 , Dec. 20, 2006; 72 FR 62135 , Nov. 2, 2007; 71 FR 76220 , Dec. 20, 2006; 72 FR 62135 , Nov. 2, 2007; 77 FR 16704 , Mar. 22, 2012; 80 FR 37175 , June 30, 2015; 85 FR 64406 , Oct. 13, 2020; 87 FR 67824 , Nov. 10, 2022] § 11.52 EAS code and Attention Signal Monitoring requirements. ( a ) EAS Participants must be capable of receiving the Attention Signal required by § 11.31(a)(2) and emergency messages of other broadcast stations during their hours of operation. EAS Participants must install and operate during their hours of operation, equipment that is capable of receiving and decoding, either automatically or manually, the EAS header codes, emergency messages and EOM code, and which complies with the requirements in § 11.56 . Note to paragraph ( a ): The two-tone Attention Signal will not be used to actuate two-tone decoders but will be used as an aural alert signal. ( b ) If manual interrupt is used as authorized in § 11.51(m)(2) , decoders must be located so that operators at their normal duty stations can be alerted immediately when EAS messages are received. ( c ) EAS Participants that are co-owned and co-located with a combined studio or control facility (such as an AM and FM licensed to the same entity and at the same location or a cable headend serving more than one system) may comply with the EAS monitoring requirements contained in this section for the combined station or system with one EAS Decoder. The requirements of § 11.33 must be met by the combined facilities. Co-located LPFM stations including those operating on a time-sharing basis but which, pursuant to ownership restrictions in § 73.855 of this chapter cannot be co-owned, may also comply with the EAS monitoring requirements with one EAS Decoder pursuant to a written agreement between the licensees ensuring that each licensee has access to the decoder; that the stations will jointly meet the requirements of § 11.33 ; and that each licensee remains fully and individually responsible for compliance with all EAS rules and obligations applicable to LPFM EAS participants in this part, and any EAS violations involving the shared, co-located equipment. Each LPFM licensee entering into such an arrangement remains fully and directly liable for enforcement actions involving the shared equipment as well as all other obligations attendant to LPFM EAS Participants in this part, regardless of which party to the agreement took or failed to take the actions giving rise to the violation. ( d ) EAS Participants must comply with the following monitoring requirements: ( 1 ) With respect to monitoring for EAS messages that are formatted in accordance with the EAS Protocol, EAS Participants must monitor two EAS sources. The monitoring assignments of each broadcast station and cable system and wireless cable system are specified in the State EAS Plan and FCC Mapbook. They are developed in accordance with FCC monitoring priorities. ( 2 ) With respect to monitoring EAS messages formatted in accordance with the specifications set forth in § 11.56(a)(2) , EAS Participants' EAS equipment must regularly poll the Federal Emergency Management Agency's Integrated Public Alert and Warning System (IPAWS) EAS alert distribution channel to detect and acquire Common Alert Protocol (CAP)-formatted alert messages from the IPAWS system to EAS Participants' EAS equipment. ( 3 ) If the required EAS message sources cannot be received, alternate arrangements or a waiver may be obtained by written request to the Chief, Public Safety and Homeland Security Bureau. In an emergency, a waiver may be issued over the telephone with a follow up letter to confirm temporary or permanent reassignment. ( 4 ) The management of EAS Participants shall determine which header codes will automatically interrupt their programming for State and Local Area emergency situations affecting their audiences. ( e ) EAS Participants are required to interrupt normal programming either automatically or manually when they receive an EAS message in which the header code contains the Event codes for National Emergency Message (EAN), the Nationwide Test of the Emergency Alert System (NPT), or the Required Monthly Test (RMT) for their State or State/county location. [ 70 FR 71036 , Nov. 25, 2005, as amended at 77 FR 16705 , Mar. 22, 2012; 80 FR 37176 , June 30, 2015; 83 FR 37759 , Aug. 2, 2018; 85 FR 35572 , June 11, 2020; 87 FR 67825 , Nov. 10, 2022] § 11.53 [Reserved] § 11.54 EAS operation during a National Level emergency. ( a ) Immediately upon receipt of an EAN message, or the NPT Event code in the case of a nationwide test of the EAS, EAS Participants must comply with the following requirements, as applicable: ( 1 ) Analog and digital broadcast stations may transmit their call letters and analog cable systems, digital cable systems and wireless cable systems may transmit the names of the communities they serve during an EAS activation. State and Local Area identifications must be given as provided in State and Local Area EAS Plans. ( 2 ) Analog and digital broadcast stations are exempt from complying with §§ 73.62 and 73.1560 of this chapter (operating power maintenance) while operating under this part. ( 3 ) The time of receipt of the EAN shall be entered by analog and digital broadcast stations in their logs (as specified in §§ 73.1820 and 73.1840 of this chapter ), by analog and digital cable systems in their records (as specified in § 76.1711 of this chapter ), by subject wireless cable systems in their records (as specified in § 21.304 of this chapter ), and by all other EAS Participants in their records as specified in § 11.35(a) . ( b ) EAS Participants originating emergency communications under this section shall be considered to have conferred rebroadcast authority, as required by section 325(a) of the Communications Act of 1934, 47 U.S.C. 325(a) , to other EAS Participants. ( c ) During a national level EAS emergency, EAS Participants may transmit in lieu of the EAS audio feed an audio feed of the President's voice message from an alternative source, such as a broadcast network audio feed. [ 77 FR 16705 , Mar. 22, 2012, as amended at 80 FR 37177 , June 30, 2015] § 11.55 EAS operation during a State or Local Area emergency. ( a ) The EAS may be activated at the State and Local Area levels by EAS Participants at their discretion for day-to-day emergency situations posing a threat to life and property. Examples of natural emergencies which may warrant state EAS activation are: Tornadoes, floods, hurricanes, earthquakes, heavy snows, icing conditions, widespread fires, etc. Man-made emergencies warranting state EAS activation may include: Toxic gas leaks or liquid spills, widespread power failures, industrial explosions, and civil disorders. ( 1 ) DBS providers shall pass through all EAS messages aired on local television broadcast stations carried by DBS providers under the Commission's broadcast signal carriage rules to subscribers receiving those channels. ( 2 ) SDARS licensees and DBS providers may participate in EAS at the state and local level and make their systems capable of receiving and transmitting state and local level EAS messages on all channels. If an SDARS licensee or DBS provider is not capable of receiving and transmitting state and local EAS message on all channels, it must inform its subscribers, on its website and in writing on an annual basis, of which channels are and are not capable of supplying state and local messages. ( b ) EAS operations must be conducted as specified in State and Local Area EAS Plans. ( c ) An EAS Participant that participates in the State or Local Area EAS, upon receipt of a State or Local Area EAS message that has been formatted in the EAS Protocol and that has event and location header codes indicating that it is a type of message that the EAS Participant normally relays, consistent with the procedures in the State or Local Area EAS Plan, must do the following: ( 1 ) Prior to December 12, 2023, the EAS Participant shall follow the procedures set forth in the State EAS Plan and paragraphs (c)(3) through (7) of this section. ( 2 ) On and after December 12, 2023,— ( i ) CAP Prioritization. If a message formatted in the Common Alerting Protocol is available that is a duplicate of the received message formatted in the EAS Protocol, then the EAS Participant shall not transmit the received message formatted in the EAS Protocol but shall follow the procedures in paragraph (d) of this section to transmit the message formatted in the Common Alerting Protocol. ( ii ) Polling. At least ten (10) seconds after detecting the initial header code of a received message formatted in the EAS protocol, if the EAS Participant has not by that time determined that a duplicate message formatted in the Common Alerting Protocol is available, it shall poll the Federal Emergency Management Agency's Integrated Public Alert and Warning System (IPAWS) at least once to determine whether a duplicate CAP-formatted alert message is available. ( A ) If a duplicate CAP-formatted alert message is available, the EAS Participant shall proceed according to paragraphs (c)(2)(i) and (d) of this section. ( B ) If no duplicate CAP-formatted alert message is available, or if the alert contents, including the audio message, cannot be acquired within a reasonable timeframe, the EAS Participant shall proceed according to paragraphs (c)(3)-(7) of this section. ( iii ) For purposes of this paragraph (c)(2) , two EAS messages are “duplicates” if the originator codes, event codes, location codes, and date-time codes in the validated headers of both messages are all identical, and the valid time-period codes in the headers of both messages cover approximately the same periods of time, with allowances for the different manners in which messages in CAP and legacy EAS formats express valid time periods. ( 3 ) EAS Participants participating in the State or Local Area EAS must discontinue normal programming and follow the procedures in their State and Local Area Plans. Analog and digital television broadcast stations must transmit all EAS announcements visually and aurally as specified in § 11.51(a) through (e) and 73.1250(h) of this chapter , as applicable; analog cable systems, digital cable systems, wireless cable systems, and wireline video systems must transmit all EAS announcements visually and aurally as specified in § 11.51(d) , (g) , and (h) ; and DBS providers must transmit all EAS announcements visually and aurally as specified in § 11.51(d) and (j) . EAS Participants providing foreign language programming should transmit all EAS announcements in the same language as the primary language of the EAS Participant. ( 4 ) Upon completion of the State or Local Area EAS transmission procedures, resume normal programming until receipt of the cue from the SR or LP sources in your Local Area. At that time begin transmitting the common emergency message received from the above sources. ( 5 ) Resume normal operations upon conclusion of the message. ( 6 ) The times of the above EAS actions must be entered in the EAS Participants' records as specified in §§ 11.35(a) and 11.54(a)(3) . ( 7 ) Use of the EAS codes or Attention Signal automatically grants rebroadcast authority as specified in § 11.54(b) . ( d ) An EAS Participant that participates in the State or Local Area EAS, upon receipt of a State or Local Area EAS message that has been formatted in the Common Alerting Protocol and that has event and location header codes indicating that it is a type of message that the EAS Participant normally relays, must do the following: ( 1 ) EAS Participants participating in the State or Local Area EAS must follow the procedures for processing such messages in the State and Local Area Plans. ( 2 ) Analog and digital television broadcast stations must transmit all EAS announcements visually and aurally as specified in § 11.51(a) through (e) and 73.1250(h) of this chapter , as applicable; analog cable systems, digital cable systems, wireless cable systems, and wireline video systems must transmit all EAS announcements visually and aurally as specified in § 11.51(d) , (g) , and (h) ; and DBS providers must transmit all EAS announcements visually and aurally as specified in § 11.51(d) and (j) . EAS Participants providing foreign language programming should transmit all EAS announcements in the same language as the primary language of the EAS Participant. ( 3 ) Resume normal operations upon conclusion of the message. ( 4 ) The times of the above EAS actions must be entered in the EAS Participants' records as specified in §§ 11.35(a) and 11.54(a)(3) . [ 59 FR 67092 , Dec. 28, 1994, as amended at 63 FR 29666 , June 1, 1998; 65 FR 21658 , Apr. 24, 2000; 67 FR 18511 , Apr. 16, 2002; 70 FR 71037 , Nov. 25, 2005; 71 FR 76220 , Dec. 20, 2006; 72 FR 62135 , Nov. 2, 2007; 77 FR 16706 , Mar. 22, 2012; 83 FR 37759 , Aug. 2, 2018; 87 FR 67825 , Nov. 10, 2022] § 11.56 Obligation to process CAP-formatted EAS messages. ( a ) On or by June 30, 2012, EAS Participants must have deployed operational equipment that is capable of the following: ( 1 ) Acquiring EAS alert messages in accordance with the monitoring requirements in § 11.52(d)(2) ; ( 2 ) Converting EAS alert messages that have been formatted pursuant to the Organization for the Advancement of Structured Information Standards (OASIS) Common Alerting Protocol Version 1.2 (July 1, 2010), and Common Alerting Protocol, v. 1.2 USA Integrated Public Alert and Warning System Profile Version 1.0 (Oct. 13, 2009), into EAS alert messages that comply with the EAS Protocol, such that the Preamble and EAS Header Codes, audio Attention Signal, audio message, and Preamble and EAS End of Message (EOM) Codes of such messages are rendered equivalent to the EAS Protocol (set forth in § 11.31 ), in accordance with the technical specifications governing such conversion process set forth in the EAS-CAP Industry Group's (ECIG) Recommendations for a CAP EAS Implementation Guide, Version 1.0 (May 17, 2010) (except that any and all specifications set forth therein related to gubernatorial “must carry” shall not be followed, and that EAS Participants may adhere to the specifications related to text-to-speech on a voluntary basis). ( 3 ) Processing such converted messages in accordance with the other sections of this part. ( b ) EAS Participants may comply with the requirements of this section by deploying an Intermediary Device. If an EAS Participant elects to meet the requirements of this section by deploying an Intermediary Device, it shall be required to construct visual messages from CAP-formatted EAS messages in accordance with § 3.6 of the “ECIG Recommendations for a CAP EAS Implementation Guide, Version 1.0” (May 17, 2010), as set forth in §§ 11.51(d) , (g)(3) , (h)(3) , and (j)(2) of this part , on or by June 30, 2015. ( c ) EAS Participants shall configure their systems to reject all CAP-formatted EAS messages that include an invalid digital signature. ( d ) The material listed in this paragraph (d) is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . To enforce any edition other than that specified in this section, the Federal Communications Commission (FCC) must publish notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the FCC and at the National Archives and Records Administration (NARA). Contact FCC at: the address indicated in 47 CFR 0.401(a) of this chapter (Reference Information Center). For information on the availability of this material at NARA, email: fr.inspection@nara.gov , or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html . The material may be obtained from the following sources in this paragraph (d) . ( 1 ) The following standard is available from the EAS-CAP Industry Group (ECIG), 21010 Southbank Street, #365, Sterling, VA 20165, or go to http://www.eas-cap.org . ( i ) “ECIG Recommendations for a CAP EAS Implementation Guide, Version 1.0” (May 17, 2010). ( ii ) [Reserved] ( 2 ) The following standards are available from Organization for the Advancement of Structured Information Standards (OASIS), 25 Corporate Drive, Suite 103, Burlington, MA 01803-4238, call 781-425-5073, or go to http://www.oasis-open.org . ( i ) “Common Alerting Protocol Version 1.2” (July 1, 2010). ( ii ) “Common Alerting Protocol, v. 1.2 USA Integrated Public Alert and Warning System Profile Version 1.0” (Oct. 13, 2009). [ 77 FR 16706 , Mar. 22, 2012, as amended at 77 FR 26703 , May 7, 2012; 83 FR 39621 , Aug. 10, 2018; 85 FR 64406 , Oct. 13, 2020; 87 FR 67826 , Nov. 10, 2022] Subpart E—Tests § 11.61 Tests of EAS procedures. ( a ) EAS Participants shall conduct tests at regular intervals, as specified in paragraphs (a)(1) and (a)(2) of this section. Additional tests may be performed anytime. EAS activations and special tests may be performed in lieu of required tests as specified in paragraph (a)(4) of this section. ( 1 ) Required Monthly Tests of the EAS header codes, Attention Signal, Test Script and EOM code. ( i ) Tests in odd numbered months shall occur between 8:30 a.m. and local sunset. Tests in even numbered months shall occur between local sunset and 8:30 a.m. They will originate from Local or State Primary sources. The time and script content will be developed by State Emergency Communications Committees in cooperation with affected EAS Participants. Script content may be in the primary language of the EAS Participant. These monthly tests must be transmitted within 60 minutes of receipt by EAS Participants in an EAS Local Area or State. Analog and digital class D non-commercial educational FM, analog and digital LPFM stations, and analog and digital LPTV stations are required to transmit only the test script. ( ii ) Effective May 31, 2007, DBS providers must comply with this section by monitoring a state or local primary source to participate in testing. Tests should be performed on 10% of all channels monthly (excluding local-into-local channels for which the monthly transmission tests are passed through by the DBS provider), with channels tested varying from month to month, so that over the course of a given year, 100% of all channels are tested. ( iii ) SDARS providers must comply with this section by monitoring a state or local primary source to participate in testing. Tests should be performed on 10% of all channels monthly, with channels tested varying from month to month, so that over the course of a given year, 100% of all channels are tested. ( iv ) Upon receipt of an EAS message in the EAS Protocol format with the Required Monthly Test (RMT) event code, an EAS Participant shall follow the steps set forth in § 11.55(c)(1) through (3) . ( 2 ) Required Weekly Tests: ( i ) EAS Header Codes and EOM Codes: ( A ) Analog and digital AM, FM, and TV broadcast stations must conduct tests of the EAS header and EOM codes at least once a week at random days and times. Effective December 31, 2006, DAB stations must conduct these tests on all audio streams. Effective December 31, 2006, DTV stations must conduct these tests on all program streams. ( B ) Analog cable systems and digital cable systems with 5,000 or more subscribers per headend and wireless cable systems with 5,000 or more subscribers must conduct tests of the EAS Header and EOM Codes at least once a week at random days and times on all programmed channels. ( C ) Analog cable systems and digital cable systems serving fewer than 5,000 subscribers per headend and wireless cable systems with fewer than 5,000 subscribers must conduct tests of the EAS Header and EOM Codes at least once a week at random days and times on at least one programmed channel. ( ii ) DBS providers, SDARS providers, analog and digital class D non-commercial educational FM stations, analog and digital LPFM stations, and analog and digital LPTV stations are not required to transmit this test but must log receipt, as specified in § 11.35(a) and 11.54(a)(3) . ( iii ) The EAS weekly test is not required during the week that a monthly test is conducted. ( iv ) EAS Participants are not required to transmit a video message when transmitting the required weekly test. ( 3 ) Nationwide Tests of the Emergency Alert System (NPT) (national tests). ( i ) All EAS Participants shall participate in national tests as scheduled by the Commission in consultation with the Federal Emergency Management Agency (FEMA). Such tests will consist of the delivery by FEMA to PEP/NP stations of a coded EAS message, including EAS header codes, Attention Signal, Test Script, and EOM code. All other EAS Participants will then be required to relay that EAS message. The coded message shall utilize EAS test codes as designated by the Commission's rules. ( ii ) A national test shall replace the required weekly and monthly tests for all EAS Participants, as set forth in paragraphs (a)(1) and (a)(2) of this section, in the week and month in which it occurs. ( iii ) Notice shall be provided to EAS Participants by the Commission at least two months prior to the conduct of any such national test. ( iv ) Test results as required by the Commission shall be logged by all EAS Participants into the EAS Test Reporting System (ETRS) as determined by the Commission's Public Safety and Homeland Security Bureau, subject to the following requirements. ( A ) EAS Participants shall provide the identifying information required by the ETRS initially no later than sixty days after the publication in the Federal Register of a notice announcing the approval by the Office of Management and Budget of the modified information collection requirements under the Paperwork Reduction Act of 1995 and an effective date of the rule amendment, or within sixty days of the launch of the ETRS, whichever is later, and shall renew this identifying information on a yearly basis or as required by any revision of the EAS Participant's State EAS Plan filed pursuant to § 11.21 . ( B ) “Day of test” data shall be filed in the ETRS within 24 hours of any nationwide test or as otherwise required by the Public Safety and Homeland Security Bureau. ( C ) Detailed post-test data shall be filed in the ETRS within forty five (45) days following any nationwide test. ( 4 ) EAS activations and special tests. The EAS may be activated for emergencies or special tests at the State or Local Area level by an EAS Participant instead of the monthly or weekly tests required by this section. To substitute for a monthly test, activation must include transmission of the EAS header codes, Attention Signal, emergency message and EOM code and comply with the visual message requirements in § 11.51 . To substitute for the weekly test of the EAS header codes and EOM codes in paragraph (a)(2)(i) of this section, activation must include transmission of the EAS header and EOM codes. Analog and digital television broadcast stations, analog cable systems, digital cable systems, wireless cable systems, and DBS providers shall comply with the aural and visual message requirements in § 11.51 . Special EAS tests at the State and Local Area levels may be conducted on daily basis following procedures in State and Local Area EAS plans. ( 5 ) Live Code Tests. EAS Participants may participate in no more than two (2) “Live Code” EAS Tests per calendar year that are conducted to exercise the EAS and raise public awareness for it, provided that the entity conducting the test: ( i ) Notifies the public before the test that live event codes will be used, but that no emergency is, in fact, occurring; ( ii ) To the extent technically feasible, states in the test message that the event is only a test; ( iii ) Coordinates the test among EAS Participants and with state and local emergency authorities, the relevant SECC (or SECCs, if the test could affect multiple states), and first responder organizations, such as PSAPs, police, and fire agencies); and, ( iv ) Consistent with § 11.51 , provides in widely accessible formats the notification to the public required by this subsection that the test is only a test, and is not a warning about an actual emergency. ( b ) Entries shall be made in EAS Participant records, as specified in § 11.35(a) and 11.54(a)(3) . [ 70 FR 71038 , Nov. 25, 2005, as amended at 76 FR 12604 , Mar. 8, 2011; 77 FR 16707 , Mar. 22, 2012; 80 FR 37177 , June 30, 2015; 83 FR 39621 , Aug. 10, 2018; 85 FR 30634 , May 20, 2020; 87 FR 67826 , Nov. 10, 2022]
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PART 5—EXPERIMENTAL RADIO SERVICE Authority: 47 U.S.C. 154 , 301 , 302 , 303 , 307 , 336 . Source: 78 FR 25162 , Apr. 29, 2013, unless otherwise noted. Subpart A—General § 5.1 Basis and purpose. ( a ) Basis. The rules following in this part are promulgated pursuant to the provisions of Title III of the Communications Act of 1934, as amended, which vests authority in the Federal Communications Commission to regulate radio transmissions and to issue licenses for radio stations. ( b ) Purpose. The rules in this part provide the conditions by which portions of the radio frequency spectrum may be used for the purposes of experimentation, product development, and market trials. § 5.3 Scope of service. Stations operating in the Experimental Radio Service will be permitted to conduct the following type of operations: ( a ) Experimentations in scientific or technical radio research. ( b ) Experimentations in the broadcast services. ( c ) Experimentations under contractual agreement with the United States Government, or for export purposes. ( d ) Communications essential to a research project. ( e ) Technical demonstrations of equipment or techniques. ( f ) Field strength surveys. ( g ) Demonstration of equipment to prospective purchasers by persons engaged in the business of selling radio equipment. ( h ) Testing of equipment in connection with production or regulatory approval of such equipment. ( i ) Testing of medical devices that use RF wireless technology or communications functions for diagnosis, treatment, or patient monitoring. ( j ) Development of radio technique, equipment, operational data or engineering data, including field or factory testing or calibration of equipment, related to an existing or proposed radio service. ( k ) Product development and market trials. ( l ) Marketing of equipment designed to operate only on frequencies above 95 GHz. ( m ) Types of experiments that are not specifically covered under paragraphs (a) through (l) of this section will be considered upon demonstration of need for such additional types of experiments. [ 78 FR 25162 , Apr. 29, 2013, as amended at 84 FR 25690 , June 4, 2019] § 5.5 Definition of terms. For the purposes of this part, the following definitions shall be applicable. For other definitions, refer to part 2 of this chapter (Frequency Allocations and Radio Treaty Matters; General Rules and Regulations). Authorized frequency. The frequency assigned to a station by the Commission and specified in the instrument of authorization. Authorized power. The power assigned to a radio station by the Commission and specified in the instrument of authorization. Emergency notification providers. All participants in the Emergency Alert System, as identified in section 11.1 of this chapter . Experimental radio service. A service in which radio waves are employed for purposes of experimentation in the radio art or for purposes of providing essential communications for research projects that could not be conducted without the benefit of such communications. Experimental station. A station utilizing radio waves in experiments with a view to the development of science or technique. Harmful interference. Any radiation or induction that endangers the functioning of a radionavigation or safety service, or obstructs or repeatedly interrupts a radio service operating in accordance with the Table of Frequency Allocations and other provisions of part 2 of this chapter . Landing area. As defined by 49 U.S.C. 40102(a)(28) , any locality, either of land or water, including airdromes and intermediate landing fields, that is used, or intended to be used, for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo. Market trial. A program designed to evaluate product performance and customer acceptability prior to the production stage, and typically requires testing a specific product under expected use conditions to evaluate actual performance and effectiveness. Open Area Test Site. A site for electromagnetic measurements that has a reflective ground plane, and is characterized by open, flat terrain at a distance far enough away from buildings, electric lines, fences, trees, underground cables, pipelines, and other potential reflective objects, so that the effects due to such objects are negligible. Person. An individual, partnership, association, joint stock company, trust, corporation, or state or local government. Product development trial. An experimental program designed to evaluate product performance (including medical devices in clinical trials) in the conceptual, developmental, and design stages, and typically requiring testing under expected use conditions. [ 78 FR 25162 , Apr. 29, 2013, as amended at 80 FR 52414 , Aug. 31, 2015] Subpart B—Applications and Licenses License Requirements § 5.51 Eligibility. ( a ) Authorizations for stations in the Experimental Radio Service will be issued only to persons qualified to conduct the types of operations permitted in § 5.3 , including testing laboratories recognized by the Commission for radio frequency device testing. ( b ) No foreign government or representative thereof is eligible to hold a station license in the Experimental Radio Service. § 5.53 Station authorization required. No radio transmitter shall be operated in the Experimental Radio Service in the United States and its Territories except under and in accordance with a proper station authorization granted by the Commission. § 5.54 Types of authorizations available. The Commission issues the following types of experimental authorizations: ( a ) ( 1 ) Conventional experimental radio license. This type of license is issued for a specific research or experimentation project (or a series of closely-related research or experimentation projects), a product development trial, or a market trial. Widely divergent and unrelated experiments must be conducted under separate licenses. ( 2 ) Special temporary authorization. When an experimental program is expected to last no more than six months, its operation is considered to be temporary and the special temporary authorization procedure outlined in § 5.61 must be used. ( b ) Broadcast experimental radio license. This type of license is issued for the purpose of research and experimentation for the development and advancement of new broadcast technology, equipment, systems or services. This is limited to stations intended for reception and use by the general public. ( c ) Program experimental radio license. This type of license is issued to qualified institutions and to conduct an ongoing program of research and experimentation under a single experimental authorization subject to the requirements of subpart E of this part . Program experimental radio licenses are available to colleges, universities, research laboratories, manufacturers of radio frequency equipment, manufacturers that integrate radio frequency equipment into their end products, and medical research institutions. ( d ) Medical testing experimental radio license. This type of license is issued to hospitals and health care institutions that demonstrate expertise in testing and operation of experimental medical devices that use wireless telecommunications technology or communications functions in clinical trials for diagnosis, treatment, or patient monitoring. ( e ) Compliance testing experimental radio license. This type of license will be issued to laboratories recognized by the FCC under subpart J of part 2 of this chapter to perform: ( 1 ) Testing of radio frequency devices, and ( 2 ) Testing of radio frequency equipment in an Open Area Test Site. ( f ) Spectrum Horizons experimental radio license. This type of license is issued for the purpose of testing and marketing devices on frequencies above 95 GHz, where there are no existing service rules. ( g ) An experimental license is not required when operation of a radiofrequency device is fully contained within an anechoic chamber or a Faraday cage. [ 78 FR 25162 , Apr. 29, 2013, as amended at 84 FR 25690 , June 4, 2019] General Filing Requirements § 5.55 Filing of applications. ( a ) To assure that necessary information is supplied in a consistent manner by applicants, standard forms must be used, except for applications for special temporary authorization (STA) and reports submitted for Commission consideration. Standard numbered forms for the Experimental Radio Service are described in § 5.59 . ( b ) Applications requiring fees as set forth in part 1, subpart G of this chapter must be filed in accordance with § 0.401(b) of this chapter . ( c ) Each application for station authorization shall be specific and complete with regard to the information required by the application form and this part. ( 1 ) Conventional and Spectrum Horizons license and STA applications shall be specific as to station location, proposed equipment, power, antenna height, and operating frequencies. ( 2 ) Broadcast license applicants shall comply with the requirements in subpart D of this part ; Program license applicants shall comply with the requirements in subpart E of this part ; Medical Testing license applicants shall comply with the requirements in subpart F of this part ; Compliance Testing license applicants shall comply with the requirements in subpart G of this part ; and Spectrum Horizons license applicants shall comply with the requirements in subpart I of this part . ( d ) Filing conventional, program, medical, compliance testing, and Spectrum Horizons experimental radio license applications: ( 1 ) Applications for radio station authorization shall be submitted electronically through the Office of Engineering and Technology website http://www.fcc.gov/els . ( 2 ) Applications for special temporary authorization shall be filed in accordance with the procedures of § 5.61 . ( 3 ) Any correspondence relating thereto that cannot be submitted electronically shall instead be submitted to the Commission's Office of Engineering and Technology, Washington, DC 20554. ( e ) For broadcast experimental radio licenses, applications for radio station authorization shall be submitted in accordance with the provisions of § 5.59 . [ 78 FR 25162 , Apr. 29, 2013, as amended at 84 FR 25690 , June 4, 2019] § 5.57 Who may sign applications. ( a ) Except as provided in paragraph (b) of this section, applications, amendments thereto, and related statements of fact required by the Commission shall be personally signed by the applicant, if the applicant is an individual; by one of the partners, if the applicant is a partnership; by an officer or duly authorized employee, if the applicant is a corporation; or by a member who is an officer, if the applicant is an unincorporated association. Applications, amendments, and related statements of fact filed on behalf of eligible government entities, such as states and territories of the United States and political subdivisions thereof, the District of Columbia, and units of local government, including incorporated municipalities, shall be signed by such duly elected or appointed officials as may be competent to do so under the laws of the applicable jurisdiction. ( b ) Applications, amendments thereto, and related statements of fact required by the Commission may be signed by the applicant's attorney in case of the applicant's physical disability or of his/her absence from the United States. The attorney shall in that event separately set forth the reason why the application is not signed by the applicant. In addition, if any matter is stated on the basis of the attorney's belief only (rather than his/her knowledge), he/she shall separately set forth reasons for believing that such statements are true. ( c ) Only the original of applications, amendments, or related statements of fact need be signed; copies may be conformed. ( d ) Applications, amendments, and related statements of fact need not be submitted under oath. Willful false statements made therein, however, are punishable by fine and imprisonment, U.S. Code, title 18, Sec. 1001, and by appropriate administrative sanctions, including revocation of station license pursuant to Sec. 312(a)(1) of the Communications Act of 1934, as amended. ( e ) “Signed,” as used in this section, means an original handwritten signature; however, the Office of Engineering and Technology may allow signature by any symbol executed or adopted by the applicant with the intent that such symbol be a signature, including symbols formed by computer-generated electronic impulses. § 5.59 Forms to be used. ( a ) Application for conventional, program, medical, compliance testing, and Spectrum Horizons experimental radio licenses — ( 1 ) Application for new authorization or modification of existing authorization. Entities must submit FCC Form 442. ( 2 ) Application for renewal of experimental authorization. Application for renewal of station license shall be submitted on FCC Form 405. Unless otherwise directed by the Commission, each application for renewal of license shall be filed at least 60 days prior to the expiration date of the license to be renewed. ( 3 ) Application for consent to assign an experimental authorization. Application for consent to assign shall be submitted on FCC Form 702 when the legal right to control the use and operation of a station is to be transferred as a result of a voluntary act (contract or other agreement) or an involuntary act (death or legal disability) of the grantee of a station authorization or by involuntary assignment of the physical property constituting the station under a court decree in bankruptcy proceedings, or other court order, or by operation of law in any other manner. ( 4 ) Application for consent to transfer control of Corporation holding experimental authorization. Application for consent to transfer control shall be submitted on FCC Form 703 whenever it is proposed to change the control of a corporation holding a station authorization. ( 5 ) Application for product development and market trials. Application for product development and market trials shall be submitted on FCC Form 442. ( b ) Applications for broadcast experimental radio license — ( 1 ) Application for new authorization or modification of existing authorization. An application for a construction permit for a new broadcast experimental station or modification of an existing broadcast experimental station must be submitted on FCC Form 309. ( 2 ) Application for a license. An application for a license to cover a construction permit for a broadcast experimental station must be submitted on FCC Form 310. ( 3 ) Application for renewal of license. An application for renewal of station license for a broadcast experimental station must be submitted on FCC Form 311. Unless otherwise directed by the Commission, each application for renewal of license shall be filed at least 60 days prior to the expiration date of the license to be renewed. [ 78 FR 25162 , Apr. 29, 2013, as amended at 84 FR 25690 , June 4, 2019] § 5.61 Procedure for obtaining a special temporary authorization. ( a ) ( 1 ) An applicant may request a Special Temporary Authorization (STA) for operation of a conventional experimental radio service station during a period of time not to exceed 6 months. ( 2 ) Applications for STA must be submitted electronically through the Office of Engineering and Technology Web site http://www.fcc.gov/els at least 10 days prior to the proposed operation. Applications filed less than 10 days prior to the proposed operation date will be accepted only upon a showing of good cause. ( 3 ) In special situations, as defined in § 1.915(b)(1) of this chapter , a request for STA may be made by telephone or electronic media provided a properly signed application is filed within 10 days of such request. ( b ) An application for STA shall contain the following information: ( 1 ) Name, address, phone number (also email address and facsimile number, if available) of the applicant. ( 2 ) Explanation of why an STA is needed. ( 3 ) Description of the operation to be conducted and its purpose. ( 4 ) Time and dates of proposed operation. ( 5 ) Class(es) of station (e.g., fixed, mobile, or both) and call sign of station (if applicable). ( 6 ) Description of the location(s) and, if applicable, geographical coordinates of the proposed operation. ( 7 ) Equipment to be used, including name of manufacturer, model and number of units. ( 8 ) Frequency (or frequency bands) requested. ( 9 ) Maximum effective radiated power (ERP) or equivalent isotropically radiated power (EIRP). ( 10 ) Emission designator (see § 2.201 of this chapter ) or describe emission (bandwidth, modulation, etc.) ( 11 ) Overall height of antenna structure above the ground (if greater than 6 meters above the ground or an existing structure, see part 17 of this chapter concerning notification to the FAA). ( c ) Extensions of an STA may be granted provided that an application for a conventional experimental license that is consistent with the terms and conditions of that STA ( i.e., there is no increase in interference potential to authorized services) has been filed at least 15 days prior to the expiration of the licensee's STA. When such an application is timely filed, operations may continue in accordance with the other terms and conditions of the STA pending disposition of the application, unless the applicant is notified otherwise by the Commission. [ 78 FR 25162 , Apr. 29, 2013] § 5.63 Supplemental statements required. Applicants must provide the information set forth on the applicable form as specified in § 5.59 . In addition, applicants must provide supplemental information as described below: ( a ) If installation and/or operation of the equipment may significantly impact the environment (see § 1.1307 of this chapter ) an environmental assessment as defined in § 1.1311 of this chapter must be submitted with the application. ( b ) If an applicant requests non-disclosure of proprietary information, requests shall follow the procedures for submission set forth in § 0.459 of this chapter . ( c ) For conventional and broadcast experimental radio licenses, each application must include: ( 1 ) A narrative statement describing in detail the program of research and experimentation proposed, the specific objectives sought to be accomplished; and how the program of experimentation has a reasonable promise of contribution to the development, extension, or expansion, or use of the radio art, or is along lines not already investigated. ( 2 ) If the authorization is to be used for the purpose of fulfilling the requirements of a contract with an agency of the United States Government, a narrative statement describing the project, the name of the contracting agency, and the contract number. ( 3 ) If the authorization is to be used for the sole purpose of developing equipment for exportation to be employed by stations under the jurisdiction of a foreign government, a narrative statement describing the project, any associated contract number, and the name of the foreign government concerned. ( 4 ) If the authorization is to be used with a satellite system, a narrative statement containing the information required in § 5.64 . ( d ) For program experimental radio licenses, each application must include: ( 1 ) A narrative statement describing how the applicant meets the eligibility criteria set forth in subpart E of this part . ( 2 ) If the authorization is to be used for the purpose of fulfilling the requirements of a contract with an agency of the United States Government, a narrative statement describing the project, the name of the contracting agency, and the contract number. ( 3 ) If the authorization is to be used for the sole purpose of developing equipment for exportation to be employed by stations under the jurisdiction of a foreign government, a narrative statement describing the project, any associated contract number, and the name of the foreign government concerned. ( e ) For medical testing and compliance testing experimental radio licenses, each application must include a narrative statement describing how the applicant meets the eligibility criteria set forth in §§ 5.402(a) and 5.502 respectively. [ 78 FR 25162 , Apr. 29, 2013] § 5.64 Special provisions for satellite systems. Cross Reference Link to an amendment published at 89 FR 65223 , Aug. 9, 2024. ( a ) Construction of proposed experimental satellite facilities may begin prior to Commission grant of an authorization. Such construction is entirely at the applicant's risk and does not entitle the applicant to any assurances that its proposed experiment will be subsequently approved or regular services subsequently authorized. The applicant must notify the Commission's Office of Engineering and Technology in writing that it plans to begin construction at its own risk. ( b ) Except where the satellite system has already been authorized by the FCC, applicants for an experimental authorization involving a satellite system must submit a description of the design and operational strategies the satellite system will use to mitigate orbital debris, including the following information: ( 1 ) A statement that the space station operator has assessed and limited the amount of debris released in a planned manner during normal operations. Where applicable, this statement must include an orbital debris mitigation disclosure for any separate deployment devices, distinct from the space station launch vehicle, that may become a source of orbital debris; ( 2 ) A statement indicating whether the space station operator has assessed and limited the probability that the space station(s) will become a source of debris by collision with small debris or meteoroids that would cause loss of control and prevent disposal. The statement must indicate whether this probability for an individual space station is 0.01 (1 in 100) or less, as calculated using the NASA Debris Assessment Software or a higher fidelity assessment tool; ( 3 ) A statement that the space station operator has assessed and limited the probability, during and after completion of mission operations, of accidental explosions or of release of liquids that will persist in droplet form. This statement must include a demonstration that debris generation will not result from the conversion of energy sources on board the spacecraft into energy that fragments the spacecraft. Energy sources include chemical, pressure, and kinetic energy. This demonstration should address whether stored energy will be removed at the spacecraft's end of life, by depleting residual fuel and leaving all fuel line valves open, venting any pressurized system, leaving all batteries in a permanent discharge state, and removing any remaining source of stored energy, or through other equivalent procedures specifically disclosed in the application; ( 4 ) A statement that the space station operator has assessed and limited the probability of the space station(s) becoming a source of debris by collisions with large debris or other operational space stations. ( i ) Where the application is for an NGSO space station or system, the following information must also be included: ( A ) A demonstration that the space station operator has assessed and limited the probability of collision between any space station of the system and other large objects (10 cm or larger in diameter) during the total orbital lifetime of the space station, including any de-orbit phases, to less than 0.001 (1 in 1,000). The probability shall be calculated using the NASA Debris Assessment Software or a higher fidelity assessment tool. The collision risk may be assumed zero for a space station during any period in which the space station will be maneuvered effectively to avoid colliding with large objects. ( B ) The statement must identify characteristics of the space station(s)' orbits that may present a collision risk, including any planned and/or operational space stations in those orbits, and indicate what steps, if any, have been taken to coordinate with the other spacecraft or system, or what other measures the operator plans to use to avoid collision. ( C ) If at any time during the space station(s)' mission or de-orbit phase the space station(s) will transit through the orbits used by any inhabitable spacecraft, including the International Space Station, the statement must describe the design and operational strategies, if any, that will be used to minimize the risk of collision and avoid posing any operational constraints to the inhabitable spacecraft. ( D ) The statement must disclose the accuracy, if any, with which orbital parameters will be maintained, including apogee, perigee, inclination, and the right ascension of the ascending node(s). In the event that a system will not maintain orbital tolerances, e.g., its propulsion system will not be used for orbital maintenance, that fact should be included in the debris mitigation disclosure. Such systems must also indicate the anticipated evolution over time of the orbit of the proposed satellite or satellites. All systems must describe the extent of satellite maneuverability, whether or not the space station design includes a propulsion system. ( E ) The space station operator must certify that upon receipt of a space situational awareness conjunction warning, the operator will review and take all possible steps to assess the collision risk, and will mitigate the collision risk if necessary. As appropriate, steps to assess and mitigate the collision risk should include, but are not limited to: contacting the operator of any active spacecraft involved in such a warning; sharing ephemeris data and other appropriate operational information with any such operator; and modifying space station attitude and/or operations. ( ii ) Where a space station requests the assignment of a geostationary orbit location, it must assess whether there are any known satellites located at, or reasonably expected to be located at, the requested orbital location, or assigned in the vicinity of that location, such that the station keeping volumes of the respective satellites might overlap or touch. If so, the statement must include a statement as to the identities of those parties and the measures that will be taken to prevent collisions. ( 5 ) A statement addressing the trackability of the space station(s). Space station(s) operating in low-Earth orbit will be presumed trackable if each individual space station is 10 cm or larger in its smallest dimension, exclusive of deployable components. Where the application is for an NGSO space station or system, the statement shall also disclose the following: ( i ) How the operator plans to identify the space station(s) following deployment and whether space station tracking will be active or passive; ( ii ) Whether, prior to deployment, the space station(s) will be registered with the 18th Space Control Squadron or successor entity; and ( iii ) The extent to which the space station operator plans to share information regarding initial deployment, ephemeris, and/or planned maneuvers with the 18th Space Control Squadron or successor entity, other entities that engage in space situational awareness or space traffic management functions, and/or other operators. ( 6 ) A statement disclosing planned proximity operations, if any, and addressing debris generation that will or may result from the proposed operations, including any planned release of debris, the risk of accidental explosions, the risk of accidental collision, and measures taken to mitigate those risks. ( 7 ) A statement detailing the disposal plans for the space station, including the quantity of fuel—if any—that will be reserved for disposal maneuvers. In addition, the following specific provisions apply: ( i ) For geostationary orbit space stations, the statement must disclose the altitude selected for a disposal orbit and the calculations that are used in deriving the disposal altitude. ( ii ) For space stations terminating operations in an orbit in or passing through the low-Earth orbit region below 2,000 km altitude, the statement must disclose whether the spacecraft will be disposed of either through atmospheric re-entry, specifying if direct retrieval of the spacecraft will be used. The statement must also disclose the expected time in orbit for the space station following the completion of the mission. ( iii ) For space stations not covered by either paragraph (b)(7)(i) or (ii) of this section, the statement must indicate whether disposal will involve use of a storage orbit or long-term atmospheric re-entry and rationale for the selected disposal plan. ( iv ) For all NGSO space stations under paragraph (b)(7)(ii) or (iii) of this section, the following additional specific provisions apply: ( A ) The statement must include a demonstration that the probability of success of the chosen disposal method will be 0.9 or greater for any individual space station. For space station systems consisting of multiple space stations, the demonstration should include additional information regarding efforts to achieve a higher probability of success, with a goal, for large systems, of a probability of success for any individual space station of 0.99 or better. For space stations under paragraph (b)(7)(ii) of this section that will be terminating operations in or passing through low-Earth orbit, successful disposal is defined as atmospheric re-entry of the spacecraft within 25 years or less following completion of the mission. For space stations under paragraph (b)(7)(iii) of this section, successful disposal will be assessed on a case-by-case basis. ( B ) If planned disposal is by atmospheric re-entry, the statement must also include: ( 1 ) A disclosure indicating whether the atmospheric re-entry will be an uncontrolled re-entry or a controlled targeted reentry. ( 2 ) An assessment as to whether portions of any individual spacecraft will survive atmospheric re-entry and impact the surface of the Earth with a kinetic energy in excess of 15 joules, and demonstration that the calculated casualty risk for an individual spacecraft using the NASA Debris Assessment Software or a higher fidelity assessment tool is less than 0.0001 (1 in 10,000). [ 78 FR 25162 , Apr. 29, 2013, as amended at 85 FR 52449 , Aug. 25, 2020; 86 FR 52101 , Sept. 20, 2021] § 5.65 Defective applications. ( a ) Applications that are defective with respect to completeness of answers to required questions, execution or other matters of a purely formal character may be found to be unacceptable for filing by the Commission, and may be returned to the applicant with a brief statement as to the omissions. ( b ) If an applicant is requested by the Commission to file any documents or information not included in the prescribed application form, failure to comply with such request will constitute a defect in the application. ( c ) Applications not in accordance with the Commission's rules, regulations, or other requirements will be considered defective unless accompanied either by: ( 1 ) A petition to amend any rule, regulation, or requirement with which the application is in conflict; or ( 2 ) A request for waiver of any rule, regulation, or requirement with which the application is in conflict. Such request shall show the nature of the waiver desired and set forth the reasons in support thereof. [ 78 FR 25162 , Apr. 29, 2013] § 5.67 Amendment or dismissal of applications. ( a ) Any application may be amended or dismissed without prejudice upon request of the applicant. Each amendment to or request for dismissal of an application shall be signed, authenticated, and submitted in the same manner as required for the original application. All subsequent correspondence or other material that the applicant desires to have incorporated as a part of an application already filed shall be submitted in the form of an amendment to the application. ( b ) Defective applications, as defined in § 5.65 , are subject to dismissal without prejudice. § 5.69 License grants that differ from applications. If the Commission grants a license or special temporary authority with parameters that differ from those set forth in the application, an applicant may reject the grant by filing, within 30 days from the effective date of the grant, a written description of its objections. Upon receipt of such objection, the Commission will coordinate with the applicant in an attempt to resolve issues arising from the grant. ( a ) Applicants may continue operating under the parameters of a granted special temporary authority (STA) during the time any problems are being resolved when: ( 1 ) An application for a conventional license has been timely filed in accordance with § 5.61 ; and ( 2 ) The application for conventional license is for the same facilities and technical limitations as the existing STA. ( b ) The applicant, at its option, may accept a grant-in-part of their license while working to resolve any issues. § 5.71 License period. ( a ) Conventional experimental radio licenses. ( 1 ) The regular license term is 2 years. An applicant may request a license term up to 5 years, but must provide justification for a license of that duration. ( 2 ) A license may be renewed for an additional term not exceeding 5 years, upon an adequate showing of need to complete the experiment. ( b ) Program, medical testing, and compliance testing experimental radio licenses. Licenses are issued for a term of 5 years and may be renewed for up to 5 years upon an adequate showing of need. ( c ) Broadcast experimental radio license. Licenses are issued for a one-year period and may be renewed for an additional term not exceeding 5 years, upon an adequate showing of need. ( d ) Spectrum Horizons experimental radio license. Licenses are issued for a term of 10 years and may not be renewed. [ 78 FR 25162 , Apr. 29, 2013, as amended at 84 FR 25690 , June 4, 2019] § 5.73 Experimental report. ( a ) The following provisions apply to conventional experimental radio licenses and to medical testing experimental licenses that operate under part 15, Radio Frequency Devices; part 18, Industrial, Scientific, and Medical Equipment, part 95, Personal Radio Services subpart H—Wireless Medical Telemetry Service; or part 95, subpart I—Medical Device Radiocommunication Service: ( 1 ) The Commission may, as a condition of authorization, request that the licensee forward periodic reports in order to evaluate the progress of the experimental program. ( 2 ) An applicant may request that the Commission withhold from the public certain reports and associated material and the Commission will do so unless the public interest requires otherwise. These requests should follow the procedures for submission set forth in § 0.459 of this chapter . ( b ) The provisions in § 5.207 apply to broadcast experimental radio licenses. ( c ) The provisions in § 5.309 apply to program experimental licenses and to medical testing experimental licenses that do not operate under part 15, Radio Frequency Devices; part 18, Industrial, Scientific, and Medical Equipment, part 95, Personal Radio Services subpart H—Wireless Medical Telemetry Service; or part 95, subpart I—Medical Device Radiocommunication Service. [ 78 FR 25162 , Apr. 29, 2013] § 5.77 Change in equipment and emission characteristics. ( a ) The licensee of a conventional, broadcast, or Spectrum Horizons experimental radio station may make any changes in equipment that are deemed desirable or necessary provided: ( 1 ) That the operating frequency is not permitted to deviate more than the allowed tolerance; ( 2 ) That the emissions are not permitted outside the authorized band; ( 3 ) That the ERP (or EIRP) and antenna complies with the license and the regulations governing the same; and ( b ) For conventional or Spectrum Horizons experimental radio stations, the changes permitted in paragraph (a) of this section may be made without prior authorization from the Commission provided that the licensee supplements its application file with a description of such change. If the licensee wants these emission changes to become a permanent part of the license, an application for modification must be filed. ( c ) Prior authorization from the Commission is required before the following antenna changes may be made at a station at a fixed location: ( 1 ) Any change that will either increase the height of a structure supporting the radiating portion of the antenna or decrease the height of a lighted antenna structure. ( 2 ) Any change in the location of an antenna when such relocation involves a change in the geographic coordinates of latitude or longitude by one second or more, or when such relocation involves a change in street address. [ 78 FR 25162 , Apr. 29, 2013, as amended at 84 FR 25690 , June 4, 2019] § 5.79 Transfer and assignment of station authorization for conventional, program, medical testing, Spectrum Horizons, and compliance testing experimental radio licenses. ( a ) A station authorization for a conventional experimental radio license or Spectrum Horizons experimental radio license, the frequencies authorized to be used by the grantee of such authorization, and the rights therein granted by such authorization shall not be transferred, assigned, or in any manner either voluntarily or involuntarily disposed of, unless the Commission decides that such a transfer is in the public interest and gives its consent in writing. ( b ) A station authorization for a program, medical testing, or compliance testing experimental radio license, the frequencies authorized to be used by the grantees of such authorizations, and the rights therein granted by such authorizations shall not be transferred, assigned, or in any manner either voluntarily or involuntarily disposed of. [ 78 FR 36679 , June 19, 2013, as amended at 84 FR 25690 , June 4, 2019] § 5.81 Discontinuance of station operation. In case of permanent discontinuance of operation of a station in the Experimental Radio Service prior to the license expiration date, the licensee shall notify the Commission. Licensees who willfully fail to do so may be subject to disciplinary action, including monetary fines, by the Commission. [ 78 FR 25162 , Apr. 29, 2013] § 5.83 Cancellation provisions. The applicant for a station in the Experimental Radio Services accepts the license with the express understanding that: ( a ) The authority to use the frequency or frequencies permitted by the license is granted upon an experimental basis only and does not confer any right to conduct an activity of a continuing nature; and ( b ) The grant is subject to change or cancellation by the Commission at any time without notice or hearing if in its discretion the need for such action arises. However, a petition for reconsideration or application for review may be filed to such Commission action. § 5.84 Non-interference criterion. Operation of an experimental radio station is permitted only on the condition that harmful interference is not caused to any station operating in accordance with the Table of Frequency Allocation of part 2 of this chapter . If harmful interference to an established radio service occurs, upon becoming aware of such harmful interference the Experimental Radio Service licensee shall immediately cease transmissions. Furthermore, the licensee shall not resume transmissions until the licensee establishes to the satisfaction of the Commission that further harmful interference will not be caused to any established radio service. § 5.85 Frequencies and policy governing frequency assignment. ( a ) ( 1 ) Stations operating in the Experimental Radio Service may be authorized to use any Federal or non-Federal frequency designated in the Table of Frequency Allocations set forth in part 2 of this chapter , provided that the need for the frequency requested is fully justified by the applicant. Stations authorized under Subparts E and F are subject to additional restrictions. ( 2 ) Applications to use any frequency or frequency band exclusively allocated to the passive services (including the radio astronomy service) must include an explicit justification of why nearby bands that have non-passive allocations are not adequate for the experiment. Such applications must also state that the applicant acknowledges that long term or multiple location use of passive bands is not possible and that the applicant intends to transition any long-term use to a band with appropriate allocations. ( b ) Frequency or frequency bands are assigned to stations in the Experimental Radio Service on a shared basis and are not assigned for the exclusive use of any one licensee. Frequency assignments may be restricted to specified geographical areas. ( c ) Broadcast experimental radio stations. ( 1 ) The applicant shall select frequencies best suited to the purpose of the experimentation and on which there appears to be the least likelihood of interference to established stations. ( 2 ) Except as indicated only frequencies allocated to broadcasting service are assigned. If an experiment cannot be feasibly conducted on frequencies allocated to a broadcasting service, an experimental station may be authorized to operate on other frequencies upon a satisfactory showing of the need therefore and a showing that the proposed operation can be conducted without causing harmful interference to established services. ( d ) Use of Public Safety Frequencies. ( 1 ) Conventional experimental licenses. Applicants in the Experimental Radio Service shall avoid use of public safety frequencies identified in part 90 of this chapter except when a compelling showing is made that use of such frequencies is in the public interest. If an experimental license to use public safety radio frequencies is granted, the authorization will include a condition requiring the experimental licensee to coordinate the operation with the appropriate frequency coordinator or all of the public safety licensees using the frequencies in question in the experimenter's proposed area of operation. ( 2 ) Program experimental licenses. A program licensee shall plan a program of experimentation that avoids use of public safety frequencies, and may only operate on such frequencies when it can make a compelling showing that use of such frequencies is in the public interest. A licensee planning to operate on public safety frequencies must incorporate its public interest showing into the narrative statement it prepares under § 5.309(a)(1) , and must coordinate, prior to operating, with the appropriate frequency coordinator or all of the public safety licensees that operate on the frequencies in question in the program experimental licensee's proposed area of operation ( e ) The Commission may, at its discretion, condition any experimental license or STA on the requirement that before commencing operation, the new licensee coordinate its proposed facility with other licensees that may receive interference as a result of the new licensee's operations. ( f ) Protection of FCC monitoring stations. ( 1 ) Applicants may need to protect FCC monitoring stations from interference and their station authorization may be conditioned accordingly. Geographical coordinates of such stations are listed in § 0.121(b) of this chapter . ( 2 ) In the event that calculated value of expected field strength exceeds a direct wave fundamental field strength of greater than 10 mV/m in the authorized bandwidth of service (−65.8 dBW/m 2 power flux density assuming a free space characteristic impedance of 120π ohms) at the reference coordinates, or if there is any question whether field strength levels might exceed the threshold value, the applicant should call the FCC, telephone 1-888-225-5322 (1-888-CALL FCC). ( 3 ) Coordination is suggested particularly for those applicants who have no reliable data that indicates whether the field strength or power flux density figure indicated in paragraph (f)(2) of this section would be exceeded by their proposed radio facilities (except mobile stations). The following is a suggested guide for determining whether coordination is needed: ( i ) All stations within 2.4 kilometers (1.5 statute miles); ( ii ) Stations within 4.8 kilometers (3 statute miles) with 50 watts or more average ERP in the primary plane of polarization in the azimuthal direction of the Monitoring Station; ( iii ) Stations within 16 kilometers (10 statute miles) with 1 kW or more average ERP in the primary plane of polarization in the azimuthal direction of the Monitoring Station; ( iv ) Stations within 80 kilometers (50 statute miles) with 25 kW or more average ERP in the primary plane of polarization in the azimuthal direction of the Monitoring Station. ( 4 ) Advance coordination for stations operating above 1000 MHz is recommended only where the proposed station is in the vicinity of a monitoring station designated as a satellite monitoring facility in § 0.121(b) of this chapter and also meets the criteria outlined in paragraphs (f)(2) and (3) of this section. [ 78 FR 25162 , Apr. 29, 2013, as amended at 80 FR 52414 , Aug. 31, 2015] § 5.91 Notification to the National Radio Astronomy Observatory. In order to minimize possible harmful interference at the National Radio Astronomy Observatory site located at Green Bank, Pocahontas County, West Virginia, and at the Naval Radio Research Observatory site at Sugar Grove, Pendleton County, West Virginia, any applicant for an Experimental Radio Service station authorization other than a mobile, temporary base, or temporary fixed station, within the area bounded by 39°15′ N on the north, 78°30′ W on the east, 37°30′ N on the south and 80°30′ W on the west shall, at the time of filing such application with the Commission, simultaneously notify the Director, National Radio Astronomy Observatory, P.O. Box NZ2, Green Bank, West Virginia 24944, in writing, of the technical particulars of the proposed station. Such notification shall include the geographical coordinates of the antenna, antenna height, antenna directivity if any, frequency, type of emission, and power. In addition, the applicant shall indicate in its application to the Commission the date notification was made to the Observatory. After receipt of such applications, the Commission will allow a period of twenty (20) days for comments or objections in response to the notifications indicated. If an objection to the proposed operation is received during the twenty-day period from the National Radio Astronomy Observatory for itself or on behalf of the Naval Radio Research Observatory, the Commission will consider all aspects of the problem and take whatever action is deemed appropriate. § 5.95 Informal objections. A person or entity desiring to object to or to oppose an Experimental Radio application for a station license or authorization may file an informal objection against that application. The informal objection and any responsive pleadings shall be submitted electronically consistent with the requirements set forth in § 5.55 . Subpart C—Technical Standards and Operating Requirements § 5.101 Frequency stability. Experimental Radio Service licensees shall ensure that transmitted emissions remain within the authorized frequency band under normal operating conditions: Equipment is presumed to operate over the temperature range −20 to + 50 degrees Celsius with an input voltage variation of 85% to 115% of rated input voltage, unless justification is presented to demonstrate otherwise. § 5.103 Types of emission. Stations in the Experimental Radio Service may be authorized to use any of the classifications of emissions covered in part 2 of this chapter . § 5.105 Authorized bandwidth. The occupied bandwidth of transmitted emissions from an Experimental Radio Service station shall not exceed the authorized bandwidth specified in the authorization. Each authorization will show, as the prefix to the emission classification, a figure specifying the necessary bandwidth. The application may request an authorized bandwidth that is greater than the necessary bandwidth for the emission to be used, if required for the experimental purpose. Necessary bandwidth and occupied bandwidth are defined and determined in accordance with § 2.1 and § 2.202 of this chapter . § 5.107 Transmitter control requirements. Each licensee shall be responsible for maintaining control of the transmitter authorized under its station authorization, including the ability to terminate transmissions should interference occur. ( a ) Conventional experimental radio stations. The licensee shall ensure that transmissions are in conformance with the operating characteristics prescribed in the station authorization and that the station is operated only by persons duly authorized by the licensee. ( b ) Program experimental radio stations. The licensee shall ensure that transmissions are in conformance with the requirements in subpart E of this part and that the station is operated only by persons duly authorized by the licensee. ( c ) Medical testing experimental radio stations. The licensee shall ensure that transmissions are in conformance with the requirements in subpart F of this part and that the station is operated only by persons duly authorized by the licensee. ( d ) Compliance testing experimental radio stations. The licensee shall ensure that transmissions are in conformance with the requirements in subpart G of this part and that the station is operated only by persons duly authorized by the licensee. ( e ) Broadcast experimental stations. Except where unattended operation is specifically permitted, the licensee of each station authorized under the provisions of this part shall designate a person or persons to activate and control its transmitter. At the discretion of the station licensee, persons so designated may be employed for other duties and for operation of other transmitting stations if such other duties will not interfere with the proper operation of the station transmission systems. ( f ) Spectrum Horizons experimental radio licenses. The licensee shall ensure that transmissions are in conformance with the requirements in subpart I of this part and that the station is operated only by persons duly authorized by the licensee. [ 78 FR 25162 , Apr. 29, 2013, as amended at 84 FR 25690 , June 4, 2019] § 5.109 Responsibility for antenna structure painting and lighting. Experimental Radio Service licensees may become responsible for maintaining the painting and lighting of any antenna structure they are authorized to use in accordance with part 17 of this chapter . See § 17.6 of this chapter . § 5.110 Power limitations. ( a ) The transmitting radiated power for stations authorized under the Experimental Radio Service shall be limited to the minimum practical radiated power necessary for the success of the experiment. ( b ) For broadcast experimental radio stations, the operating power shall not exceed by more than 5 percent the maximum power specified. Engineering standards have not been established for these stations. The efficiency factor for the last radio stage of transmitters employed will be subject to individual determination but shall be in general agreement with values normally employed for similar equipment operated within the frequency range authorized. § 5.111 Limitations on use. ( a ) Stations may make only such transmissions as are necessary and directly related to the conduct of the licensee's stated program of experimentation and the related station instrument of authorization, and as governed by the provisions of the rules and regulations contained in this part. When transmitting, the licensee must use every precaution to ensure that it will not cause harmful interference to the services carried on by stations operating in accordance with the Table of Frequency Allocations of part 2 of this chapter . ( b ) A licensee shall adhere to the program of experimentation as stated in its application or in the station instrument of authorization. ( c ) The radiations of the transmitter shall be suspended immediately upon detection or notification of a deviation from the technical requirements of the station authorization until such deviation is corrected, except for transmissions concerning the immediate safety of life or property, in which case the transmissions shall be suspended as soon as the emergency is terminated. § 5.115 Station identification. ( a ) Conventional experimental radio licenses. A licensee, unless specifically exempted by the terms of the station authorization, shall transmit its assigned call sign at the end of each complete transmission: Provided, however, that the transmission of the call sign at the end of each transmission is not required for projects requiring continuous, frequent, or extended use of the transmitting apparatus, if, during such periods and in connection with such use, the call sign is transmitted at least once every thirty minutes. The station identification shall be transmitted in clear voice or Morse code. All digital encoding and digital modulation shall be disabled during station identification. ( b ) Broadcast experimental licenses. Each experimental broadcast station must transmit aural or visual announcements of its call letters and location at the beginning and end of each period of operation, and at least once every hour during operation. ( c ) Program experimental radio licenses. Program experimental radio licenses shall comply with either paragraph (c)(1) or (c)(2): ( 1 ) Stations may transmit identifying information sufficient to identify the license holder and the geographic coordinates of the station. This information shall be transmitted at the end of each complete transmission except that: this information is not required at the end of each transmission for projects requiring continuous, frequent, or extended use of the transmitting apparatus, if, during such periods and in connection with such use, the information is transmitted at least once every thirty minutes. The station identification shall be transmitted in clear voice or Morse code. All digital encoding and digital modulation shall be disabled during station identification; or ( 2 ) Stations may post information sufficient to identify it on the Commission's program experimental registration Web site. [ 78 FR 25162 , Apr. 29, 2013] § 5.121 Station record requirements. ( a ) ( 1 ) For conventional, program, medical testing, compliance testing experimental radio stations, the current original authorization or a clearly legible photocopy for each station shall be retained as a permanent part of the station records but need not be posted. Station records are required to be kept for a period of at least one year after license expiration. ( 2 ) For Spectrum Horizons experimental radio stations, the licensee is solely responsible for retaining the current authorization as a permanent part of the station records but need not be posted. Station records are required to be kept for a period of at least one year after license expiration. ( b ) For Broadcast experimental radio stations, the license must be available at the transmitter site. The licensee of each experimental broadcast station must maintain and retain for a period of two years, adequate records of the operation, including: ( 1 ) Information concerning the nature of the experimental operation and the periods in which it is being conducted; and ( 2 ) Information concerning any specific data requested by the FCC. [ 78 FR 25162 , Apr. 29, 2013, as amended at 84 FR 25690 , June 4, 2019] § 5.123 Inspection of stations. All stations and records of stations in the authorized under this part shall be made available for inspection at any time while the station is in operation or shall be made available for inspection upon reasonable request of an authorized representative of the Commission. [ 78 FR 25162 , Apr. 29, 2013] § 5.125 Authorized points of communication. Generally, stations in the Experimental Radio Service may communicate only with other stations licensed in the Experimental Radio Service. Nevertheless, upon a satisfactory showing that the proposed communications are essential to the conduct of the research project, authority may be granted to communicate with stations in other services and U.S. Government stations. Subpart D—Broadcast Experimental Licenses § 5.201 Applicable rules. In addition to the rules in this subpart, broadcast experimental station applicants and licensees shall follow the rules in subparts B and C of this part . In case of any conflict between the rules set forth in this subpart and the rules set forth in subparts B and C of this part , the rules in this subpart shall govern. § 5.203 Experimental authorizations for licensed broadcast stations. ( a ) Licensees of broadcast stations (including TV Translator, LPTV, and TV Booster stations) may obtain experimental authorizations to conduct technical experimentation directed toward improvement of the technical phases of operation and service, and for such purposes may use a signal other than the normal broadcast program signal. ( b ) Experimental authorizations for licensed broadcast stations may be requested by filing an informal application with the FCC in Washington, DC, describing the nature and purpose of the experimentation to be conducted, the nature of the experimental signal to be transmitted, and the proposed schedule of hours and duration of the experimentation. ( c ) Experimental operations for licensed broadcast stations are subject to the following conditions: ( 1 ) The authorized power of the station may not be exceeded more than 5 percent above the maximum power specified, except as specifically authorized for the experimental operations. ( 2 ) Emissions outside the authorized bandwidth must be attenuated to the degree required for the particular type of station. ( 3 ) The experimental operations may be conducted at any time the licensed station is authorized to operate, but the minimum required schedule of programming for the class and type of station must be met. AM stations also may conduct experimental operations during the experimental period (12 midnight local time to local sunrise) and at additional hours if permitted by the experimental authorization provided no interference is caused to other stations maintaining a regular operating schedule within such period(s). ( 4 ) If a licensed station's experimental authorization permits the use of additional facilities or hours of operation for experimental purposes, no sponsored programs or commercial announcements may be transmitted during such experimentation. ( 5 ) The licensee may transmit regularly scheduled programming concurrently with the experimental transmission if there is no significant impairment of service. ( 6 ) No charges may be made, either directly or indirectly, for the experimentation; however, normal charges may be made for regularly scheduled programming transmitted concurrently with the experimental transmissions. ( d ) The FCC may request a report of the research, experimentation and results at the conclusion of the experimental operation. [ 78 FR 25162 , Apr. 29, 2013, as amended at 84 FR 2758 , Feb. 8, 2019] § 5.205 Licensing requirements, necessary showing. ( a ) An applicant for a new experimental broadcast station, change in facilities of any existing station, or modification of license is required to make a satisfactory showing of compliance with the general requirements of the Communications Act of 1934, as amended, as well as the following: ( 1 ) That the applicant has a definite program of research and experimentation in the technical phases of broadcasting which indicates reasonable promise of substantial contribution to the developments of the broadcasting art. ( 2 ) That upon the authorization of the proposed station the applicant can and will proceed immediately with its program of research and experimentation. ( 3 ) That the transmission of signals by radio is essential to the proposed program of research and experimentation. ( 4 ) That the program of research and experimentation will be conducted by qualified personnel. ( b ) A license for an experimental broadcast station will be issued only on the condition that no objectionable interference to the regular program transmissions of broadcast stations will result from the transmissions of the experimental stations. ( c ) Special provision for broadcast experimental radio station applications. For purposes of the definition of “experimental authorization” in Section II.A.6 of the Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process set forth in Appendix C to Part 1 of this chapter , an Broadcast Experimental Radio Station authorized under this Subpart shall be considered an “Experimental Broadcast Station authorized under part 74 of the Commission's Rules.” [ 78 FR 25162 , Apr. 29, 2013] § 5.207 Supplemental reports with application for renewal of license. A report shall be filed with each application for renewal of experimental broadcast station license which shall include a statement of each of the following: ( a ) Number of hours operated. ( b ) Full data on research and experimentation conducted including the types of transmitting and studio equipment used and their mode of operation. ( c ) Data on expense of research and operation during the period covered. ( d ) Power employed, field intensity measurements and visual and aural observations and the types of instruments and receivers utilized to determine the station service area and the efficiency of the respective types of transmissions. ( e ) Estimated degree of public participation in reception and the results of observations as to the effectiveness of types of transmission. ( f ) Conclusions, tentative and final. ( g ) Program of further developments in broadcasting. ( h ) All developments and major changes in equipment. ( i ) Any other pertinent developments. [ 78 FR 25162 , Apr. 29, 2013] § 5.211 Frequency monitors and measurements. The licensee of a broadcast experimental radio station shall provide the necessary means for determining that the frequency of the station is within the allowed tolerance. The date and time of each frequency check, the frequency as measured, and a description or identification of the method employed shall be entered in the station log. Sufficient observations shall be made to insure that the assigned carrier frequency is maintained within the prescribed tolerance. § 5.213 Time of operation. ( a ) Unless specified or restricted hours of operation are shown in the station authorization, broadcast experimental radio stations may be operated at any time and are not required to adhere to a regular schedule of operation. ( b ) The FCC may limit or restrict the periods of station operation in the event interference is caused to other broadcast or non-broadcast stations. ( c ) The FCC may require that a broadcast experimental radio station conduct such experiments as are deemed desirable and reasonable for development of the type of service for which the station was authorized. § 5.215 Program service and charges. ( a ) The licensee of a broadcast experimental radio station may transmit program material only when necessary to the experiments being conducted, and no regular program service may be broadcast unless specifically authorized. ( b ) The licensee of a broadcast experimental radio station may make no charges nor ask for any payment, directly or indirectly, for the production or transmission of any programming or information used for experimental broadcast purposes. § 5.217 Rebroadcasts. ( a ) The term rebroadcast means reception by radio of the programs or other transmissions of a broadcast station, and the simultaneous or subsequent retransmission of such programs or transmissions by a broadcast station. ( 1 ) As used in this section, the word “program” includes any complete program or part thereof. ( 2 ) The transmission of a program from its point of origin to a broadcast station entirely by common carrier facilities, whether by wire line or radio, is not considered a rebroadcast. ( 3 ) The broadcasting of a program relayed by a remote broadcast pickup station is not considered a rebroadcast. ( b ) No licensee of a broadcast experimental radio station may retransmit the program of another U.S. broadcast station without the express authority of the originating station. A copy of the written consent of the licensee originating the program must be kept by the licensee of the broadcast experimental radio station retransmitting such program and made available to the FCC upon request. [ 78 FR 25162 , Apr. 29, 2013] § 5.219 Broadcasting emergency information. ( a ) In an emergency where normal communication facilities have been disrupted or destroyed by storms, floods or other disasters, a broadcast experimental radio station may be operated for the purpose of transmitting essential communications intended to alleviate distress, dispatch aid, assist in rescue operations, maintain order, or otherwise promote the safety of life and property. In the course of such operation, a station of any class may communicate with stations of other classes and in other services. However, such operation shall be conducted only on the frequency or frequencies for which the station is licensed and the used power shall not exceed the maximum authorized in the station license. When such operation involves the use of frequencies shared with other stations, licensees are expected to cooperate fully to avoid unnecessary or disruptive interference. ( b ) Whenever such operation involves communications of a nature other than those for which the station is licensed to perform, the licensee shall, at the earliest practicable time, notify the FCC in Washington, DC of the nature of the emergency and the use to which the station is being put and shall subsequently notify the same offices when the emergency operation has been terminated. ( c ) Emergency operation undertaken pursuant to the provisions of this section shall be discontinued as soon as substantially normal communications facilities have been restored. The Commission may at any time order discontinuance of such operation. Subpart E—Program Experimental Radio Licenses § 5.301 Applicable rules. In addition to the rules in this subpart, program experimental applicants and licensees must follow the rules in subparts B and C of this part . In case of any conflict between the rules set forth in this subpart and the rules set forth in subparts B and C of this part , the rules in this subpart shall govern. § 5.302 Eligibility. Program experimental licensees may be granted to the following entities: a college or university with a graduate research program in engineering that is accredited by the Accreditation Board for Engineering and Technology (ABET); a research laboratory; a hospital or health care institution; a manufacturer of radio frequency equipment; or a manufacturer that integrates radio frequency equipment into its end product. Each applicant must meet the following requirements: ( a ) The radiofrequency experimentation will be conducted in a defined geographic area under the applicant's control; ( b ) The applicant has institutional processes to monitor and effectively manage a wide variety of research projects; and ( c ) The applicant has demonstrated expertise in radio spectrum management or partner with another entity that has such expertise. [ 78 FR 25162 , Apr. 29, 2013, as amended at 79 FR 48691 , Aug. 18, 2014] § 5.303 Frequencies. ( a ) Licensees may operate in any frequency band, including those above 38.6 GHz, except for frequency bands exclusively allocated to the passive services (including the radio astronomy service). In addition, licensees may not use any frequency or frequency band below 38.6 GHz that is listed in § 15.205(a) of this chapter . ( b ) Exception: Licensees may use frequencies listed in § 15.205(a) of this chapter for testing medical devices (as defined in § 5.402(b) of this chapter ), if the device is designed to comply with all applicable service rules in part 18; part 95, subpart H; or part 95, subpart I of this chapter . [ 81 FR 48363 , July 25, 2016] § 5.304 Area of operations. Applications must specify, and the Commission will grant authorizations for, a geographic area that is inclusive of an institution's real-property facilities where the experimentation will be conducted and that is under the applicant's control. If an applicant wants to conduct experiments in more than one defined geographic area, it shall apply for a license for each location. § 5.305 Program license not permitted. Experiments are not permitted under this subpart and a conventional experimental radio license is required when: ( a ) An environmental assessment must be filed with the Commission as required by § 5.63(a) , or ( b ) An orbital debris mitigation plan must be filed with the Commission as required by § 5.64 , or ( c ) The applicant requires non-disclosure of proprietary information as part of its justification for its license application; or ( d ) A product development or a market trial is to be conducted. § 5.307 Responsible party. ( a ) Each program experimental radio applicant must identify a single point of contact responsible for all experiments conducted under the license, including ( 1 ) Ensuring compliance with the notification requirements of § 5.309 of this part ; and ( 2 ) Ensuring compliance with all applicable FCC rules. ( b ) The responsible individual will serve as the initial point of contact for all matters involving interference resolution and must have the authority to discontinue any and all experiments being conducted under the license, if necessary. ( c ) The license application must include the name of the responsible individual and contact information at which the person can be reached at any time of the day; this information will be listed on the license. Licensees are required to keep this information current. [ 78 FR 25162 , Apr. 29, 2013] § 5.308 Stop buzzer. A “Stop Buzzer” point of contact must be identified and available at all times during operation of each experiment conducted under a program license. A “stop buzzer” point of contact is a person who can address interference concerns and cease all transmissions immediately if interference occurs. [ 78 FR 25162 , Apr. 29, 2013] § 5.309 Notification requirements. ( a ) At least ten calendar days prior to commencement of any experiment, program experimental licensees must provide the following information to the Commission's program experimental registration Web site. ( 1 ) A narrative statement describing the experiment, including a description and explanation of measures taken to avoid causing harmful interference to any existing service licensee; ( 2 ) Contact information for the researcher-in-charge of the described experiment; ( 3 ) Contact information for a “stop buzzer”; and ( 4 ) Technical details including: ( i ) The frequency or frequency bands; ( ii ) The maximum equivalent isotropically radiated power (EIRP) or effective radiated power (ERP) under consideration; ( iii ) The emission designators to be used; ( iv ) A description of the geographic area in which the test will be conducted; ( v ) The number of units to be used; and ( vi ) A mitigation plan as required by § 5.311 , if necessary. ( 5 ) For program license experiments that may affect frequency bands used for the provision of commercial mobile services, emergency notifications, or public safety purposes, a list of those critical service licensees that are authorized to operate in the same bands and geographic area of the planned experiment. ( b ) Experiments may commence without specific approval or authorization once ten calendar days have elapsed from the time of posting to the above Web site. During that ten-day period, the licensee of an authorized service may contact the program licensee to resolve any objections to an experiment. It is expected that parties will work in good faith to resolve such objections, including modifying experiments if necessary to reach an agreeable resolution. However, only the Commission has the authority to prevent a program licensee from beginning operations (or to order the cessation of operations). Therefore, if an incumbent licensee believes that it will suffer interference (or in fact, has experienced interference), it must bring its concerns to the Commission for action. In such an event, the Commission will evaluate the concerns, and determine whether a planned experiment should be permitted to commence as proposed (or be terminated, if the experiment has commenced). ( c ) The Commission can prohibit or require modification of specific experiments under a program experimental radio license at any time without notice or hearing if in its discretion the need for such action arises. ( d ) Within 30 days after completion of each experiment conducted under a program experimental radio license, the licensee shall file a narrative statement describing the results of the experiment, including any interference incidents and steps taken to resolve them. This narrative statement must be filed to the Commission's program experimental registration Web site and be associated with the materials described in paragraphs (a) and (b) of this section. ( e ) ( 1 ) The Commission may ask licensees for additional information to resolve an interference incident, gain a better understanding of new technology development, or for auditing purposes to ensure that licensees are actually conducting experiments. Failure to comply with a Commission request for additional information under this section, or if, upon review of such information, the Commission determines that a licensee is not actually conducting experimentation, could result in forfeiture of the program license and loss of privilege of obtaining such a license in the future. ( 2 ) All information submitted pursuant to this section will be treated as routinely available for publicly inspection, within the meaning of § 0.459 of this chapter . Licensees are permitted to request that information requested by the Commission pursuant to this section be withheld from public inspection. The Commission will consider such requests pursuant to the procedures set forth in § 0.459 of this chapter . [ 78 FR 25162 , Apr. 29, 2013] § 5.311 Additional requirements related to safety of the public. In addition to the notification requirements of § 5.309 , for experiments that may affect frequency bands used for the provision of commercial mobile services, emergency notifications, or public safety purposes, the program experimental radio licensee shall, prior to commencing transmissions, develop a specific plan to avoid interference to these bands. The plan must include provisions for: ( a ) Providing notice to parties, including other Commission licensees that are authorized to operate in the same bands and geographic area as the planned experiment and, as appropriate, their end users; ( b ) Rapid identification, and elimination, of any harm the experiment may cause; and ( c ) Identifying an alternate means for accomplishing potentially-affected vital public safety functions during the experiment. [ 78 FR 25162 , Apr. 29, 2013] § 5.313 Innovation zones. ( a ) An innovation zone is a specified geographic location with pre-authorized boundary conditions (such as frequency band, maximum power, etc.) created by the Commission on its own motion or in response to a request from the public. Innovation zones will be announced via public notice and posted on the Commission's program experimental registration Web site. ( b ) A program experimental licensee may conduct experiments in an innovation zone consistent with the specified boundary conditions without specific authorization from the Commission. All licensees operating under this authority must comply with the requirements and limitations set forth for program licensees in this part, including providing notification of its intended operations on the program experimental registration Web site prior to operation. Subpart F—Medical Testing Experimental Radio Licenses § 5.401 Applicable rules. In addition to the rules in this subpart, medical testing experimental applicants and licensees must follow the rules in subparts B and C of this part . In case of any conflict between the rules set forth in this subpart and the rules set forth in subparts B and C of this part , the rules in this subpart shall govern. § 5.402 Eligibility and usage. ( a ) Eligibility for medical testing licenses is limited to health care facilities as defined in § 95.1103(b) of this chapter . ( b ) Medical testing experimental radio licenses are for testing in clinical trials medical devices that use RF wireless technology for diagnosis, treatment, or patient monitoring for the purposes of, but not limited to, assessing patient compatibility and usage issues, as well as operational, interference, and RF immunity issues. Medical testing is limited to testing equipment designed to comply with the rules in part 15, Radio Frequency Devices; part 18, Industrial, Scientific, and Medical Equipment; part 95, Personal Radio Services subpart H—Wireless Medical Telemetry Service; or part 95, subpart I—Medical Device Radiocommunication Service. ( c ) Marketing of devices (as defined in § 2.803(a) of this chapter ) is permitted under this license as provided in § 5.602 . [ 78 FR 25162 , Apr. 29, 2013, as amended at 80 FR 52415 , Aug. 31, 2015] § 5.403 Frequencies. ( a ) Licensees may operate in any frequency band, including those above 38.6 GHz, except for frequency bands exclusively allocated to the passive services (including the radio astronomy service). In addition, licensees may not use any frequency or frequency band below 38.6 GHz that is listed in § 15.205(a) of this chapter . ( b ) Exception: Licensees may use frequencies listed in § 15.205(a) of this chapter if the device under test is designed to comply with all applicable service rules in part 18, Industrial, Scientific, and Medical Equipment; part 95, Personal Radio Services subpart H—Wireless Medical Telemetry Service; or part 95, subpart I—Medical Device Radiocommunication Service. § 5.404 Area of operation. Applications must specify, and the Commission will grant authorizations for, a geographic area that is inclusive of an institution's real-property facilities where the experimentation will be conducted and that is under the applicant's control. Applications also may specify, and the Commission will grant authorizations for, defined geographic areas beyond the institution's real-property facilities that will be included in clinical trials and monitored by the licensee. In general, operations will be permitted where the likelihood of harmful interference being caused to authorized services is minimal. [ 78 FR 25162 , Apr. 29, 2013] § 5.405 Yearly report. Medical testing licensees must file a yearly report detailing the activity that has been performed under the license. This report is to be filed electronically to the Commission's program experimental registration Web site and must, at a minimum, include: ( a ) A list of each test performed and the testing period; and ( b ) A Description of each test, including equipment tested; and ( c ) The results of the test including any interference incidents and their resolution. [ 78 FR 25162 , Apr. 29, 2013] § 5.406 Responsible party, “stop-buzzer,” and notification requirements, and additional requirements related to safety of the public. ( a ) Medical testing licensees must identify a single point of contact responsible for all experiments conducted under the license and must also identify a “stop buzzer” point of contact for all experiments, consistent with subpart E, §§ 5.307 and 5.308 . ( b ) Medical testing licensees must meet the notification and safety of the public requirements of subpart E, §§ 5.309 and 5.311 . [ 78 FR 25162 , Apr. 29, 2013] § 5.407 Exemption from station identification requirement. Medical testing experimental licensees are exempt from complying with the station identification requirements of § 5.115 . Subpart G—Compliance Testing Experimental Radio Licenses § 5.501 Applicable rules. In addition to the rules in this subpart, compliance testing experimental applicants and licensees must follow the rules in subparts B and C of this part . In case of any conflict between the rules set forth in this subpart and the rules set forth in subparts B and C of this part , the rules in this subpart shall govern. § 5.502 Eligibility. Compliance testing experimental radio licenses may be granted to those testing laboratories recognized by the FCC as being competent to perform measurements of equipment for equipment authorization. § 5.503 Scope of testing activities. The authority of a compliance testing experimental license is limited to only those testing activities necessary for device certification (including antenna calibration, test site validation, proficiency testing, and testing in an Open Area Test Site); i.e., compliance testing experimental licensees are not authorized to conduct immunity testing. § 5.504 Responsible party. Compliance testing licensees must identify a single point of contact responsible for all experiments conducted under the license, including ensuring compliance with all applicable FCC rules: ( a ) The responsible individual will serve as the initial point of contact for all matters involving interference resolution and must have the authority to discontinue any and all experiments being conducted under the license, if necessary. ( b ) The name of the responsible individual, along with contact information, such as a phone number and email address at which he or she can be reached at any time of the day, must be identified on the license application, and this information will be listed on the license. Licensees are required to keep this information current. [ 78 FR 25162 , Apr. 29, 2013] § 5.505 Exemption from station identification requirement. Compliance testing experimental licensees are exempt from complying with the station identification requirements of § 5.115 . Subpart H—Product Development and Market Trials § 5.601 Product development trials. Unless otherwise stated in the instrument of authorization, experimental radio licenses granted for the purpose of product development trials pursuant to § 5.3(k) are subject to the following conditions: ( a ) All transmitting and/or receiving equipment used in the study shall be owned by the licensee. ( b ) The licensee is responsible for informing all participants in the experiment that the operation of the service or device is being conducted under an experimental authorization and is strictly temporary. ( c ) Marketing of devices (as defined in § 2.803 of this chapter ) or provision of services for hire is not permitted. ( d ) The size and scope of the experiment are subject to such limitations as the Commission may establish on a case-by-case basis. If the Commission subsequently determines that a product development trial is not so limited, the trial shall be immediately terminated. ( e ) Broadcast experimental station applicants and licensees must also meet the requirements of § 5.205 . § 5.602 Market trials. Unless otherwise stated in the instrument of authorization, experimental radio licenses granted for the purpose of market trials pursuant to § 5.3(k) are subject to the following conditions: ( a ) Marketing of devices (as defined in § 2.803 of this chapter ) and provision of services for hire is permitted before the radio frequency device has been authorized by the Commission, subject to the ownership provisions in paragraph (d) of this section and provided that the device will be operated in compliance with existing Commission rules, waivers of such rules that are in effect at the time of operation, or rules that have been adopted by the Commission but that have not yet become effective. ( b ) The operation of all radio frequency devices that are included in a market trial must be authorized under this rule section, including those devices that are designed to operate under parts 15 , 18 , or 95 of this chapter . ( c ) If more than one entity will be responsible for conducting the same market trial e.g., manufacturer and service provider, each entity will be authorized under a separate license. If more than one licensee is authorized, the licensees or the Commission shall designate one as the responsible party for the trial. ( d ) All transmitting and/or receiving equipment used in the study shall be owned by the experimental licensees. Marketing of devices is only permitted as follows: ( 1 ) The licensees may sell equipment to each other, e.g., manufacturer to service provider, ( 2 ) The licensees may lease equipment to trial participants for purposes of the study, and ( 3 ) The number of devices to be marketed shall be the minimum quantity of devices necessary to conduct the market trial as approved by the Commission. ( e ) Licensees are required to ensure that trial devices are either rendered inoperable or retrieved by them from trial participants at the conclusion of the trial. Licensees are required to notify trial participants in advance that operation of the trial device is subject to this condition. ( f ) The size and scope of the experiment are subject to limitations as the Commission shall establish on a case-by-case basis. If the Commission subsequently determines that a market trial is not so limited, the trial shall be immediately terminated. ( g ) Broadcast experimental station applicants and licensees must also meet the requirements of § 5.205 . [ 78 FR 25162 , Apr. 29, 2013] Subpart I—Spectrum Horizons Experimental Radio Licenses Source: 84 FR 25691 , June 4, 2019, unless otherwise noted. § 5.701 Applicable rules in this part. In addition to the rules in this subpart, Spectrum Horizons experimental radio station applicants and licensees shall follow the rules in subparts B and C of this part . In case of any conflict between the rules set forth in this subpart and the rules set forth in subparts B and C of this part , the rules in this subpart shall govern. § 5.702 Licensing requirement—necessary showing. Each application must include a narrative statement describing in detail how its experiment could lead to the development of innovative devices and/or services on frequencies above 95 GHz and describe, as applicable, its plans for marketing such devices. This statement must sufficiently explain the proposed new technology/potential new service and incorporate an interference analysis that explains how the proposed experiment would not cause harmful interference to other services. The statement should include technical details, including the requested frequency band(s), maximum power, emission designators, area(s) of operation, and type(s) of device(s) to be used. § 5.703 Responsible party. ( a ) Each Spectrum Horizons experimental radio applicant must identify a single point of contact responsible for all experiments conducted under the license and ensuring compliance with all applicable FCC rules. ( b ) The responsible individual will serve as the initial point of contact for all matters involving interference resolution and must have the authority to discontinue any and all experiments being conducted under the license, if necessary. ( c ) The license application must include the name of the responsible individual and contact information at which the person can be reached at any time of the day; this information will be listed on the license. Licensees are required to keep this information current. § 5.704 Marketing of devices under Spectrum Horizons experimental radio licenses. Unless otherwise stated in the instrument of authorization, devices operating in accordance with a Spectrum Horizons experimental radio license may be marketed subject to the following conditions: ( a ) Marketing of devices (as defined in § 2.803 of this chapter ) and provision of services for hire is permitted before the radio frequency device has been authorized by the Commission. ( b ) Licensees are required to ensure that experimental devices are either rendered inoperable or retrieved by them from trial participants at the conclusion of the trial. Licensees are required to notify experiment participants in advance of the trial that operation of the experimental device is subject to this condition. Each device sold under this program must be labeled as “Authorized Under An Experimental License and May be Subject to Further Conditions Including Termination of Operation” and carry a licensee assigned equipment ID number. ( c ) The size and scope of operations under a Spectrum Horizons experimental license are subject to limitations as the Commission shall establish on a case-by-case basis. § 5.705 Interim report. Licensee must submit to the Commission an interim progress report 5 years after grant of its license. If a licensee requests non-disclosure of proprietary information, requests shall follow the procedures for submission set forth in § 0.459 of this chapter .
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PART 51—INTERCONNECTION Authority: 47 U.S.C. 151-55 , 201-05 , 207-09 , 218 , 225-27 , 251-52 , 271 , 332 unless otherwise noted. Source: 61 FR 45619 , Aug. 29, 1996, unless otherwise noted. Subpart A—General Information § 51.1 Basis and purpose. ( a ) Basis. These rules are issued pursuant to the Communications Act of 1934, as amended. ( b ) Purpose. The purpose of these rules is to implement sections 251 and 252 of the Communications Act of 1934, as amended, 47 U.S.C. 251 and 252 . § 51.3 Applicability to negotiated agreements. To the extent provided in section 252(e)(2)(A) of the Act, a state commission shall have authority to approve an interconnection agreement adopted by negotiation even if the terms of the agreement do not comply with the requirements of this part. § 51.5 Terms and definitions. Terms used in this part have the following meanings: Act. The Communications Act of 1934, as amended. Advanced intelligent network. Advanced intelligent network is a telecommunications network architecture in which call processing, call routing, and network management are provided by means of centralized databases located at points in an incumbent local exchange carrier's network. Advanced services. The term “advanced services” is defined as high speed, switched, broadband, wireline telecommunications capability that enables users to originate and receive high-quality voice, data, graphics or video telecommunications using any technology. Arbitration, final offer. Final offer arbitration is a procedure under which each party submits a final offer concerning the issues subject to arbitration, and the arbitrator selects, without modification, one of the final offers by the parties to the arbitration or portions of both such offers. “Entire package final offer arbitration,” is a procedure under which the arbitrator must select, without modification, the entire proposal submitted by one of the parties to the arbitration. “Issue-by-issue final offer arbitration,” is a procedure under which the arbitrator must select, without modification, on an issue-by-issue basis, one of the proposals submitted by the parties to the arbitration. Billing. Billing involves the provision of appropriate usage data by one telecommunications carrier to another to facilitate customer billing with attendant acknowledgements and status reports. It also involves the exchange of information between telecommunications carriers to process claims and adjustments. Binder or binder group. Copper pairs bundled together, generally in groups of 25, 50 or 100. Business line. A business line is an incumbent LEC-owned switched access line used to serve a business customer, whether by the incumbent LEC itself or by a competitive LEC that leases the line from the incumbent LEC. The number of business lines in a wire center shall equal the sum of all incumbent LEC business switched access lines, plus the sum of all UNE loops connected to that wire center, including UNE loops provisioned in combination with other unbundled elements. Among these requirements, business line tallies: ( 1 ) Shall include only those access lines connecting end-user customers with incumbent LEC end-offices for switched services, ( 2 ) Shall not include non-switched special access lines, ( 3 ) Shall account for ISDN and other digital access lines by counting each 64 kbps-equivalent as one line. For example, a DS1 line corresponds to 24 64 kbps-equivalents, and therefore to 24 “business lines.” Commercial Mobile Radio Service (CMRS). CMRS has the same meaning as that term is defined in § 20.3 of this chapter . Commingling. Commingling means the connecting, attaching, or otherwise linking of an unbundled network element, or a combination of unbundled network elements, to one or more facilities or services that a requesting telecommunications carrier has obtained at wholesale from an incumbent LEC, or the combining of an unbundled network element, or a combination of unbundled network elements, with one or more such facilities or services. Commingle means the act of commingling. Commission. Commission refers to the Federal Communications Commission. Day. Day means calendar day. Dialing parity. The term dialing parity means that a person that is not an affiliate of a local exchange carrier is able to provide telecommunications services in such a manner that customers have the ability to route automatically, without the use of any access code, their telecommunications to the telecommunications service provider of the customer's designation from among 2 or more telecommunications service providers (including such local exchange carrier). Directory assistance service. Directory assistance service includes, but is not limited to, making available to customers, upon request, information contained in directory listings. Directory listings. Directory listings are any information: ( 1 ) Identifying the listed names of subscribers of a telecommunications carrier and such subscriber's telephone numbers, addresses, or primary advertising classifications (as such classifications are assigned at the time of the establishment of such service), or any combination of such listed names, numbers, addresses or classifications; and ( 2 ) That the telecommunications carrier or an affiliate has published, caused to be published, or accepted for publication in any directory format. Downstream database. A downstream database is a database owned and operated by an individual carrier for the purpose of providing number portability in conjunction with other functions and services. Enhanced extended link. An enhanced extended link or EEL consists of a combination of an unbundled loop and unbundled dedicated transport, together with any facilities, equipment, or functions necessary to combine those network elements. Equipment necessary for interconnection or access to unbundled network elements. For purposes of section 251(c)(2) of the Act, the equipment used to interconnect with an incumbent local exchange carrier's network for the transmission and routing of telephone exchange service, exchange access service, or both. For the purposes of section 251(c)(3) of the Act, the equipment used to gain access to an incumbent local exchange carrier's unbundled network elements for the provision of a telecommunications service. Fiber-based collocator. A fiber-based collocator is any carrier, unaffiliated with the incumbent LEC, that maintains a collocation arrangement in an incumbent LEC wire center, with active electrical power supply, and operates a fiber-optic cable or comparable transmission facility that ( 1 ) Terminates at a collocation arrangement within the wire center; ( 2 ) Leaves the incumbent LEC wire center premises; and ( 3 ) Is owned by a party other than the incumbent LEC or any affiliate of the incumbent LEC, except as set forth in this paragraph. Dark fiber obtained from an incumbent LEC on an indefeasible right of use basis shall be treated as non-incumbent LEC fiber-optic cable. Two or more affiliated fiber-based collocators in a single wire center shall collectively be counted as a single fiber-based collocator. For purposes of this paragraph, the term affiliate is defined by 47 U.S.C. 153(1) and any relevant interpretation in this Title. Incumbent Local Exchange Carrier (Incumbent LEC). With respect to an area, the local exchange carrier that: ( 1 ) On February 8, 1996, provided telephone exchange service in such area; and ( 2 ) ( i ) On February 8, 1996, was deemed to be a member of the exchange carrier association pursuant to § 69.601(b) of this chapter ; or ( ii ) Is a person or entity that, on or after February 8, 1996, became a successor or assign of a member described in paragraph (2)(i) of this section. Information services. The term information services means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. Interconnection. Interconnection is the linking of two networks for the mutual exchange of traffic. This term does not include the transport and termination of traffic. Known disturber. An advanced services technology that is prone to cause significant interference with other services deployed in the network. Intermodal. The term intermodal refers to facilities or technologies other than those found in traditional telephone networks, but that are utilized to provide competing services. Intermodal facilities or technologies include, but are not limited to, traditional or new cable plant, wireless technologies, and power line technologies. Local Access and Transport Area (LATA). A Local Access and Transport Area is a contiguous geographic area— ( 1 ) Established before February 8, 1996 by a Bell operating company such that no exchange area includes points within more than 1 metropolitan statistical area, consolidated metropolitan statistical area, or State, except as expressly permitted under the AT&T Consent Decree; or ( 2 ) Established or modified by a Bell operating company after February 8, 1996 and approved by the Commission. Local Exchange Carrier (LEC). A LEC is any person that is engaged in the provision of telephone exchange service or exchange access. Such term does not include a person insofar as such person is engaged in the provision of a commercial mobile service under section 332(c) of the Act, except to the extent that the Commission finds that such service should be included in the definition of the such term. Maintenance and repair. Maintenance and repair involves the exchange of information between telecommunications carriers where one initiates a request for maintenance or repair of existing products and services or unbundled network elements or combination thereof from the other with attendant acknowledgements and status reports. Meet point. A meet point is a point of interconnection between two networks, designated by two telecommunications carriers, at which one carrier's responsibility for service begins and the other carrier's responsibility ends. Meet point interconnection arrangement. A meet point interconnection arrangement is an arrangement by which each telecommunications carrier builds and maintains its network to a meet point. Mobile wireless service. A mobile wireless service is any mobile wireless telecommunications service, including any commercial mobile radio service. Multi-functional equipment. Multi-functional equipment is equipment that combines one or more functions that are necessary for interconnection or access to unbundled network elements with one or more functions that would not meet that standard as stand-alone functions. Network element. A network element is a facility or equipment used in the provision of a telecommunications service. Such term also includes, but is not limited to, features, functions, and capabilities that are provided by means of such facility or equipment, including but not limited to, subscriber numbers, databases, signaling systems, and information sufficient for billing and collection or used in the transmission, routing, or other provision of a telecommunications service. Operator services. Operator services are any automatic or live assistance to a consumer to arrange for billing or completion of a telephone call. Such services include, but are not limited to, busy line verification, emergency interrupt, and operator-assisted directory assistance services. Physical collocation. Physical collocation is an offering by an incumbent LEC that enables a requesting telecommunications carrier to: ( 1 ) Place its own equipment to be used for interconnection or access to unbundled network elements within or upon an incumbent LEC's premises; ( 2 ) Use such equipment to interconnect with an incumbent LEC's network facilities for the transmission and routing of telephone exchange service, exchange access service, or both, or to gain access to an incumbent LEC's unbundled network elements for the provision of a telecommunications service; ( 3 ) Enter those premises, subject to reasonable terms and conditions, to install, maintain, and repair equipment necessary for interconnection or access to unbundled elements; and ( 4 ) Obtain reasonable amounts of space in an incumbent LEC's premises, as provided in this part, for the equipment necessary for interconnection or access to unbundled elements, allocated on a first-come, first-served basis. Premises. Premises refers to an incumbent LEC's central offices and serving wire centers; all buildings or similar structures owned, leased, or otherwise controlled by an incumbent LEC that house its network facilities; all structures that house incumbent LEC facilities on public rights-of-way, including but not limited to vaults containing loop concentrators or similar structures; and all land owned, leased, or otherwise controlled by an incumbent LEC that is adjacent to these central offices, wire centers, buildings, and structures. Pre-ordering and ordering. Pre-ordering and ordering includes the exchange of information between telecommunications carriers about: current or proposed customer products and services; or unbundled network elements, or some combination thereof. This information includes loop qualification information, such as the composition of the loop material, including but not limited to: fiber optics or copper; the existence, location and type of any electronic or other equipment on the loop, including but not limited to, digital loop carrier or other remote concentration devices, feeder/distribution interfaces, bridge taps, load coils, pair-gain devices, disturbers in the same or adjacent binder groups; the loop length, including the length and location of each type of transmission media; the wire gauge(s) of the loop; and the electrical parameters of the loop, which may determine the suitability of the loop for various technologies. Provisioning. Provisioning involves the exchange of information between telecommunications carriers where one executes a request for a set of products and services or unbundled network elements or combination thereof from the other with attendant acknowledgements and status reports. Rural telephone company. A rural telephone company is a LEC operating entity to the extent that such entity: ( 1 ) Provides common carrier service to any local exchange carrier study area that does not include either: ( i ) Any incorporated place of 10,000 inhabitants or more, or any part thereof, based on the most recently available population statistics of the Bureau of the Census; or ( ii ) Any territory, incorporated or unincorporated, included in an urbanized area, as defined by the Bureau of the Census as of August 10, 1993; ( 2 ) Provides telephone exchange service, including exchange access, to fewer than 50,000 access lines; ( 3 ) Provides telephone exchange service to any local exchange carrier study area with fewer than 100,000 access lines; or ( 4 ) Has less than 15 percent of its access lines in communities of more than 50,000 on February 8, 1996. Service control point. A service control point is a computer database in the public switched network which contains information and call processing instructions needed to process and complete a telephone call. Service creation environment. A service creation environment is a computer containing generic call processing software that can be programmed to create new advanced intelligent network call processing services. Service provider. A service provider is a provider of telecommunications services or a provider of information services. Signal transfer point. A signal transfer point is a packet switch that acts as a routing hub for a signaling network and transfers messages between various points in and among signaling networks. State. The term state includes the District of Columbia and the Territories and possessions. State commission. A state commission means the commission, board, or official (by whatever name designated) which under the laws of any state has regulatory jurisdiction with respect to intrastate operations of carriers. As referenced in this part, this term may include the Commission if it assumes responsibility for a proceeding or matter, pursuant to section 252(e)(5) of the Act or § 51.320 . This term shall also include any person or persons to whom the state commission has delegated its authority under sections 251 and 252 of the Act and this part. State proceeding. A state proceeding is any administrative proceeding in which a state commission may approve or prescribe rates, terms, and conditions including, but not limited to, compulsory arbitration pursuant to section 252(b) of the Act, review of a Bell operating company statement of generally available terms pursuant to section 252(f) of the Act, and a proceeding to determine whether to approve or reject an agreement adopted by arbitration pursuant to section 252(e) of the Act. Technically feasible. Interconnection, access to unbundled network elements, collocation, and other methods of achieving interconnection or access to unbundled network elements at a point in the network shall be deemed technically feasible absent technical or operational concerns that prevent the fulfillment of a request by a telecommunications carrier for such interconnection, access, or methods. A determination of technical feasibility does not include consideration of economic, accounting, billing, space, or site concerns, except that space and site concerns may be considered in circumstances where there is no possibility of expanding the space available. The fact that an incumbent LEC must modify its facilities or equipment to respond to such request does not determine whether satisfying such request is technically feasible. An incumbent LEC that claims that it cannot satisfy such request because of adverse network reliability impacts must prove to the state commission by clear and convincing evidence that such interconnection, access, or methods would result in specific and significant adverse network reliability impacts. Telecommunications carrier. A telecommunications carrier is any provider of telecommunications services, except that such term does not include aggregators of telecommunications services (as defined in section 226 of the Act). A telecommunications carrier shall be treated as a common carrier under the Act only to the extent that it is engaged in providing telecommunications services, except that the Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage. This definition includes CMRS providers, interexchange carriers (IXCs) and, to the extent they are acting as telecommunications carriers, companies that provide both telecommunications and information services. Private Mobile Radio Service providers are telecommunications carriers to the extent they provide domestic or international telecommunications for a fee directly to the public. Telecommunications service. The term telecommunications service refers to the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Telephone exchange service. A telephone exchange service is: ( 1 ) A service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge, or ( 2 ) A comparable service provided through a system of switches, transmission equipment, or other facilities (or combination thereof) by which a subscriber can originate and terminate a telecommunications service. Telephone toll service. The term telephone toll service refers to telephone service between stations in different exchange areas for which there is made a separate charge not included in contracts with subscribers for exchange service. Unreasonable dialing delay. For the same type of calls, dialing delay is “unreasonable” when the dialing delay experienced by the customer of a competing provider is greater than that experienced by a customer of the LEC providing dialing parity, or nondiscriminatory access to operator services or directory assistance. Triennial Review Order. The Triennial Review Order means the Commission's Report and Order and Order on Remand and Further Notice of Proposed Rulemaking in CC Docket Nos. 01-338, 96-98, and 98-147. Triennial Review Remand Order. The Triennial Review Remand Order is the Commission's Order on Remand in CC Docket Nos. 01-338 and 04-313 (released February 4, 2005). Virtual collocation. Virtual collocation is an offering by an incumbent LEC that enables a requesting telecommunications carrier to: ( 1 ) Designate or specify equipment to be used for interconnection or access to unbundled network elements to be located within or upon an incumbent LEC's premises, and dedicated to such telecommunications carrier's use; ( 2 ) Use such equipment to interconnect with an incumbent LEC's network facilities for the transmission and routing of telephone exchange service, exchange access service, or both, or for access to an incumbent LEC's unbundled network elements for the provision of a telecommunications service; and ( 3 ) Electronically monitor and control its communications channels terminating in such equipment. Wire center. A wire center is the location of an incumbent LEC local switching facility containing one or more central offices, as defined in the Appendix to part 36 of this chapter . The wire center boundaries define the area in which all customers served by a given wire center are located. [ 61 FR 45619 , Aug. 29, 1996, as amended at 61 FR 47348 , Sept. 6, 1996; 64 FR 23241 , Apr. 30, 1999; 65 FR 1344 , Jan. 10, 2000; 65 FR 2550 , Jan. 18, 2000; 65 FR 54438 , Sept. 8, 2000; 66 FR 43521 , Aug. 20, 2001; 68 FR 52293 , Sept. 2, 2003; 70 FR 8952 , Feb. 24, 2005] Subpart B—Telecommunications Carriers § 51.100 General duty. ( a ) Each telecommunications carrier has the duty: ( 1 ) To interconnect directly or indirectly with the facilities and equipment of other telecommunications carriers; and ( 2 ) To not install network features, functions, or capabilities that do not comply with the guidelines and standards as provided in the Commission's rules or section 255 or 256 of the Act. ( b ) A telecommunication carrier that has interconnected or gained access under sections 251(a)(1), 251(c)(2), or 251(c)(3) of the Act, may offer information services through the same arrangement, so long as it is offering telecommunications services through the same arrangement as well. Subpart C—Obligations of All Local Exchange Carriers § 51.201 Resale. The rules governing resale of services by an incumbent LEC are set forth in subpart G of this part . § 51.203 Number portability. The rules governing number portability are set forth in part 52, subpart C of this chapter . § 51.205 Dialing parity: General. A local exchange carrier (LEC) shall provide local dialing parity to competing providers of telephone exchange service, with no unreasonable dialing delays. Dialing parity shall be provided for originating telecommunications services that require dialing to route a call. [ 83 FR 42052 , Aug. 20, 2018] § 51.207 Local dialing parity. A LEC shall permit telephone exchange service customers within a local calling area to dial the same number of digits to make a local telephone call notwithstanding the identity of the customer's or the called party's telecommunications service provider. [ 61 FR 47349 , Sept. 6, 1996] § 51.217 Nondiscriminatory access: Telephone numbers, operator services, directory assistance services, and directory listings. ( a ) Definitions. As used in this section, the following definitions apply: ( 1 ) Competing provider. A “competing provider” is a provider of telephone exchange or telephone toll services that seeks nondiscriminatory access from a local exchange carrier (LEC) in that LEC's service area. ( 2 ) Nondiscriminatory access. “Nondiscriminatory access” refers to access to telephone numbers, operator services, directory assistance and directory listings that is at least equal to the access that the providing local exchange carrier (LEC) itself receives. Nondiscriminatory access includes, but is not limited to: ( i ) Nondiscrimination between and among carriers in the rates, terms, and conditions of the access provided; and ( ii ) The ability of the competing provider to obtain access that is at least equal in quality to that of the providing LEC. ( 3 ) Providing local exchange carrier (LEC). A “providing local exchange carrier” is a local exchange carrier (LEC) that is required to permit nondiscriminatory access to a competing provider. ( b ) General rule. A local exchange carrier (LEC) that provides operator services, directory assistance services or directory listings to its customers, or provides telephone numbers, shall permit competing providers of telephone exchange service or telephone toll service to have nondiscriminatory access to that service or feature, with no unreasonable dialing delays. ( c ) Specific requirements. A LEC subject to paragraph (b) of this section must also comply with the following requirements: ( 1 ) Telephone numbers. A LEC shall permit competing providers to have access to telephone numbers that is identical to the access that the LEC provides to itself. ( 2 ) Operator services. A LEC must permit telephone service customers to connect to the operator services offered by that customer's chosen local service provider by dialing “0,” or “0” plus the desired telephone number, regardless of the identity of the customer's local telephone service provider. ( 3 ) Directory assistance services and directory listings — ( i ) Access to directory assistance. A LEC shall permit competing providers to have access to its directory assistance services, including directory assistance databases, so that any customer of a competing provider can obtain directory listings, except as provided in paragraph (c)(3)(iv) of this section, on a nondiscriminatory basis, notwithstanding the identity of the customer's local service provider, or the identity of the provider for the customer whose listing is requested. A LEC must supply access to directory assistance in the manner specified by the competing provider, including transfer of the LECs' directory assistance databases in readily accessible magnetic tape, electronic or other convenient format, as provided in paragraph (c)(3)(iii) of this section. Updates to the directory assistance database shall be made in the same format as the initial transfer (unless the requesting LEC requests otherwise), and shall be performed in a timely manner, taking no longer than those made to the providing LEC's own database. A LEC shall accept the listings of those customers served by competing providers for inclusion in its directory assistance/operator services databases. ( ii ) Access to directory listings. A LEC that compiles directory listings shall share directory listings with competing providers in the manner specified by the competing provider, including readily accessible tape or electronic formats, as provided in paragraph (c)(3)(iii) of this section. Such data shall be provided in a timely fashion. ( iii ) Format. A LEC shall provide access to its directory assistance services, including directory assistance databases, and to its directory listings in any format the competing provider specifies, if the LEC's internal systems can accommodate that format. ( A ) If a LEC's internal systems do not permit it provide directory assistance or directory listings in the format the specified by the competing provider, the LEC shall: ( 1 ) Within thirty days of receiving the request, inform the competing provider that the requested format cannot be accommodated and tell the requesting provider which formats can be accommodated; and ( 2 ) Provide the requested directory assistance or directory listings in the format the competing provider chooses from among the available formats. ( B ) [Reserved] ( iv ) Unlisted numbers. A LEC shall not provide access to unlisted telephone numbers, or other information that its customer has asked the LEC not to make available, with the exception of customer name and address. The LEC shall ensure that access is permitted to the same directory information, including customer name and address, that is available to its own directory assistance customers. ( v ) Adjuncts to services. Operator services and directory assistance services must be made available to competing providers in their entirety, including access to any adjunct features (e.g., rating tables or customer information databases) necessary to allow competing providers full use of these services. ( d ) Branding of operator services and directory assistance services. The refusal of a providing local exchange carrier (LEC) to comply with the reasonable request of a competing provider that the providing LEC rebrand its operator services and directory assistance, or remove its brand from such services, creates a presumption that the providing LEC is unlawfully restricting access to its operator services and directory assistance. The providing LEC can rebut this presumption by demonstrating that it lacks the capability to comply with the competing provider's request. ( e ) Disputes — ( 1 ) Disputes involving nondiscriminatory access. In disputes involving nondiscriminatory access to operator services, directory assistance services, or directory listings, a providing LEC shall bear the burden of demonstrating with specificity: ( i ) That it is permitting nondiscriminatory access, and ( ii ) That any disparity in access is not caused by factors within its control. “Factors within its control” include, but are not limited to, physical facilities, staffing, the ordering of supplies or equipment, and maintenance. ( 2 ) Disputes involving unreasonable dialing delay. In disputes between providing local exchange carriers (LECs) and competing providers involving unreasonable dialing delay in the provision of access to operator services and directory assistance, the burden of proof is on the providing LEC to demonstrate with specificity that it is processing the calls of the competing provider's customers on terms equal to that of similar calls from the providing LEC's own customers. [ 61 FR 47350 , Sept. 6, 1996, as amended at 64 FR 51911 , Sept. 27, 1999] § 51.219 Access to rights of way. The rules governing access to rights of way are set forth in part 1, subpart J of this chapter . § 51.221 Reciprocal compensation. The rules governing reciprocal compensation are set forth in subpart H of this part . § 51.223 Application of additional requirements. ( a ) A state may not impose the obligations set forth in section 251(c) of the Act on a LEC that is not classified as an incumbent LEC as defined in section 251(h)(1) of the Act, unless the Commission issues an order declaring that such LECs or classes or categories of LECs should be treated as incumbent LECs. ( b ) A state commission, or any other interested party, may request that the Commission issue an order declaring that a particular LEC be treated as an incumbent LEC, or that a class or category of LECs be treated as incumbent LECs, pursuant to section 251(h)(2) of the Act. § 51.230 Presumption of acceptability for deployment of an advanced services loop technology. ( a ) An advanced services loop technology is presumed acceptable for deployment under any one of the following circumstances, where the technology: ( 1 ) Complies with existing industry standards; or ( 2 ) Is approved by an industry standards body, the Commission, or any state commission; or ( 3 ) Has been successfully deployed by any carrier without significantly degrading the performance of other services. ( b ) An incumbent LEC may not deny a carrier's request to deploy a technology that is presumed acceptable for deployment unless the incumbent LEC demonstrates to the relevant state commission that deployment of the particular technology will significantly degrade the performance of other advanced services or traditional voiceband services. ( c ) Where a carrier seeks to establish that deployment of a technology falls within the presumption of acceptability under paragraph (a)(3) of this section, the burden is on the requesting carrier to demonstrate to the state commission that its proposed deployment meets the threshold for a presumption of acceptability and will not, in fact, significantly degrade the performance of other advanced services or traditional voice band services. Upon a successful demonstration by the requesting carrier before a particular state commission, the deployed technology shall be presumed acceptable for deployment in other areas. [ 65 FR 1345 , Jan. 10, 2000] § 51.231 Provision of information on advanced services deployment. ( a ) An incumbent LEC must provide to requesting carriers that seek access to a loop or high frequency portion of the loop to provide advanced services: ( 1 ) Uses in determining which services can be deployed; and information with respect to the spectrum management procedures and policies that the incumbent LEC. ( 2 ) Information with respect to the rejection of the requesting carrier's provision of advanced services, together with the specific reason for the rejection; and ( 3 ) Information with respect to the number of loops using advanced services technology within the binder and type of technology deployed on those loops. ( b ) A requesting carrier that seeks access to a loop or a high frequency portion of a loop to provide advanced services must provide to the incumbent LEC information on the type of technology that the requesting carrier seeks to deploy. ( 1 ) Where the requesting carrier asserts that the technology it seeks to deploy fits within a generic power spectral density (PSD) mask, it also must provide Spectrum Class information for the technology. ( 2 ) Where a requesting carrier relies on a calculation-based approach to support deployment of a particular technology, it must provide the incumbent LEC with information on the speed and power at which the signal will be transmitted. ( c ) The requesting carrier also must provide the information required under paragraph (b) of this section when notifying the incumbent LEC of any proposed change in advanced services technology that the carrier uses on the loop. [ 65 FR 1345 , Jan. 10, 2000] § 51.232 Binder group management. ( a ) With the exception of loops on which a known disturber is deployed, the incumbent LEC shall be prohibited from designating, segregating or reserving particular loops or binder groups for use solely by any particular advanced services loop technology. ( b ) Any party seeking designation of a technology as a known disturber should file a petition for declaratory ruling with the Commission seeking such designation, pursuant to § 1.2 of this chapter . [ 65 FR 1346 , Jan. 10, 2000] § 51.233 Significant degradation of services caused by deployment of advanced services. ( a ) Where a carrier claims that a deployed advanced service is significantly degrading the performance of other advanced services or traditional voiceband services, that carrier must notify the deploying carrier and allow the deploying carrier a reasonable opportunity to correct the problem. Where the carrier whose services are being degraded does not know the precise cause of the degradation, it must notify each carrier that may have caused or contributed to the degradation. ( b ) Where the degradation asserted under paragraph (a) of this section remains unresolved by the deploying carrier(s) after a reasonable opportunity to correct the problem, the carrier whose services are being degraded must establish before the relevant state commission that a particular technology deployment is causing the significant degradation. ( c ) Any claims of network harm presented to the deploying carrier(s) or, if subsequently necessary, the relevant state commission, must be supported with specific and verifiable information. ( d ) Where a carrier demonstrates that a deployed technology is significantly degrading the performance of other advanced services or traditional voice band services, the carrier deploying the technology shall discontinue deployment of that technology and migrate its customers to technologies that will not significantly degrade the performance of other such services. ( e ) Where the only degraded service itself is a known disturber, and the newly deployed technology satisfies at least one of the criteria for a presumption that it is acceptable for deployment under § 51.230 , the degraded service shall not prevail against the newly-deployed technology. [ 65 FR 1346 , Jan. 10, 2000] Subpart D—Additional Obligations of Incumbent Local Exchange Carriers § 51.301 Duty to negotiate. ( a ) An incumbent LEC shall negotiate in good faith the terms and conditions of agreements to fulfill the duties established by sections 251 (b) and (c) of the Act. ( b ) A requesting telecommunications carrier shall negotiate in good faith the terms and conditions of agreements described in paragraph (a) of this section. ( c ) If proven to the Commission, an appropriate state commission, or a court of competent jurisdiction, the following actions or practices, among others, violate the duty to negotiate in good faith: ( 1 ) Demanding that another party sign a nondisclosure agreement that precludes such party from providing information requested by the Commission, or a state commission, or in support of a request for arbitration under section 252(b)(2)(B) of the Act; ( 2 ) Demanding that a requesting telecommunications carrier attest that an agreement complies with all provisions of the Act, federal regulations, or state law; ( 3 ) Refusing to include in an arbitrated or negotiated agreement a provision that permits the agreement to be amended in the future to take into account changes in Commission or state rules; ( 4 ) Conditioning negotiation on a requesting telecommunications carrier first obtaining state certifications; ( 5 ) Intentionally misleading or coercing another party into reaching an agreement that it would not otherwise have made; ( 6 ) Intentionally obstructing or delaying negotiations or resolutions of disputes; ( 7 ) Refusing throughout the negotiation process to designate a representative with authority to make binding representations, if such refusal significantly delays resolution of issues; and ( 8 ) Refusing to provide information necessary to reach agreement. Such refusal includes, but is not limited to: ( i ) Refusal by an incumbent LEC to furnish information about its network that a requesting telecommunications carrier reasonably requires to identify the network elements that it needs in order to serve a particular customer; and ( ii ) Refusal by an incumbent LEC to furnish cost data that would be relevant to setting rates if the parties were in arbitration. [ 61 FR 45619 , Aug. 29, 1996, as amended at 68 FR 52294 , Sept. 2, 2003] § 51.303 Preexisting agreements. ( a ) All interconnection agreements between an incumbent LEC and a telecommunications carrier, including those negotiated before February 8, 1996, shall be submitted by the parties to the appropriate state commission for approval pursuant to section 252(e) of the Act. ( b ) Interconnection agreements negotiated before February 8, 1996, between Class A carriers, as defined by § 32.11(a)(1) of this chapter , shall be filed by the parties with the appropriate state commission no later than June 30, 1997, or such earlier date as the state commission may require. ( c ) If a state commission approves a preexisting agreement, it shall be made available to other parties in accordance with section 252(i) of the Act and § 51.809 of this part . A state commission may reject a preexisting agreement on the grounds that it is inconsistent with the public interest, or for other reasons set forth in section 252(e)(2)(A) of the Act. § 51.305 Interconnection. ( a ) An incumbent LEC shall provide, for the facilities and equipment of any requesting telecommunications carrier, interconnection with the incumbent LEC's network: ( 1 ) For the transmission and routing of telephone exchange traffic, exchange access traffic, or both; ( 2 ) At any technically feasible point within the incumbent LEC's network including, at a minimum: ( i ) The line-side of a local switch; ( ii ) The trunk-side of a local switch; ( iii ) The trunk interconnection points for a tandem switch; ( iv ) Central office cross-connect points; ( v ) Out-of-band signaling transfer points necessary to exchange traffic at these points and access call-related databases; and ( vi ) The points of access to unbundled network elements as described in § 51.319 ; ( 3 ) That is at a level of quality that is equal to that which the incumbent LEC provides itself, a subsidiary, an affiliate, or any other party. At a minimum, this requires an incumbent LEC to design interconnection facilities to meet the same technical criteria and service standards that are used within the incumbent LEC's network. This obligation is not limited to a consideration of service quality as perceived by end users, and includes, but is not limited to, service quality as perceived by the requesting telecommunications carrier; and ( 4 ) On terms and conditions that are just, reasonable, and nondiscriminatory in accordance with the terms and conditions of any agreement, the requirements of sections 251 and 252 of the Act, and the Commission's rules including, but not limited to, offering such terms and conditions equally to all requesting telecommunications carriers, and offering such terms and conditions that are no less favorable than the terms and conditions upon which the incumbent LEC provides such interconnection to itself. This includes, but is not limited to, the time within which the incumbent LEC provides such interconnection. ( b ) A carrier that requests interconnection solely for the purpose of originating or terminating its interexchange traffic on an incumbent LEC's network and not for the purpose of providing to others telephone exchange service, exchange access service, or both, is not entitled to receive interconnection pursuant to section 251(c)(2) of the Act. ( c ) Previous successful interconnection at a particular point in a network, using particular facilities, constitutes substantial evidence that interconnection is technically feasible at that point, or at substantially similar points, in networks employing substantially similar facilities. Adherence to the same interface or protocol standards shall constitute evidence of the substantial similarity of network facilities. ( d ) Previous successful interconnection at a particular point in a network at a particular level of quality constitutes substantial evidence that interconnection is technically feasible at that point, or at substantially similar points, at that level of quality. ( e ) An incumbent LEC that denies a request for interconnection at a particular point must prove to the state commission that interconnection at that point is not technically feasible. ( f ) If technically feasible, an incumbent LEC shall provide two-way trunking upon request. ( g ) An incumbent LEC shall provide to a requesting telecommunications carrier technical information about the incumbent LEC's network facilities sufficient to allow the requesting carrier to achieve interconnection consistent with the requirements of this section. [ 61 FR 45619 , Aug. 29, 1996, as amended at 61 FR 47351 , Sept. 6, 1996; 68 FR 52294 , Sept. 2, 2003] § 51.307 Duty to provide access on an unbundled basis to network elements. ( a ) An incumbent LEC shall provide, to a requesting telecommunications carrier for the provision of a telecommunications service, nondiscriminatory access to network elements on an unbundled basis at any technically feasible point on terms and conditions that are just, reasonable, and nondiscriminatory in accordance with the terms and conditions of any agreement, the requirements of sections 251 and 252 of the Act, and the Commission's rules. ( b ) The duty to provide access to unbundled network elements pursuant to section 251(c)(3) of the Act includes a duty to provide a connection to an unbundled network element independent of any duty to provide interconnection pursuant to this part and section 251(c)(2) of the Act. ( c ) An incumbent LEC shall provide a requesting telecommunications carrier access to an unbundled network element, along with all of the unbundled network element's features, functions, and capabilities, in a manner that allows the requesting telecommunications carrier to provide any telecommunications service that can be offered by means of that network element. ( d ) An incumbent LEC shall provide a requesting telecommunications carrier access to the facility or functionality of a requested network element separate from access to the facility or functionality of other network elements, for a separate charge. ( e ) An incumbent LEC shall provide to a requesting telecommunications carrier technical information about the incumbent LEC's network facilities sufficient to allow the requesting carrier to achieve access to unbundled network elements consistent with the requirements of this section. [ 61 FR 45619 , Aug. 29, 1996, as amended at 61 FR 47351 , Sept. 6, 1996] § 51.309 Use of unbundled network elements. ( a ) Except as provided in § 51.318 , an incumbent LEC shall not impose limitations, restrictions, or requirements on requests for, or the use of, unbundled network elements for the service a requesting telecommunications carrier seeks to offer. ( b ) A requesting telecommunications carrier may not access an unbundled network element for the exclusive provision of mobile wireless services or interexchange services. ( c ) A telecommunications carrier purchasing access to an unbundled network facility is entitled to exclusive use of that facility for a period of time, or when purchasing access to a feature, function, or capability of a facility, a telecommunications carrier is entitled to use of that feature, function, or capability for a period of time. A telecommunications carrier's purchase of access to an unbundled network element does not relieve the incumbent LEC of the duty to maintain, repair, or replace the unbundled network element. ( d ) A requesting telecommunications carrier that accesses and uses an unbundled network element consistent with paragraph (b) of this section may provide any telecommunications services over the same unbundled network element. ( e ) Except as provided in § 51.318 , an incumbent LEC shall permit a requesting telecommunications carrier to commingle an unbundled network element or a combination of unbundled network elements with wholesale services obtained from an incumbent LEC. ( f ) Upon request, an incumbent LEC shall perform the functions necessary to commingle an unbundled network element or a combination of unbundled network elements with one or more facilities or services that a requesting telecommunications carrier has obtained at wholesale from an incumbent LEC. ( g ) An incumbent LEC shall not deny access to an unbundled network element or a combination of unbundled network elements on the grounds that one or more of the elements: ( 1 ) Is connected to, attached to, linked to, or combined with, a facility or service obtained from an incumbent LEC; or ( 2 ) Shares part of the incumbent LEC's network with access services or inputs for mobile wireless services and/or interexchange services. [ 61 FR 45619 , Aug. 29, 1996, as amended at 68 FR 52294 , Sept. 2, 2003; 70 FR 8952 , Feb. 24, 2005] § 51.311 Nondiscriminatory access to unbundled network elements. ( a ) The quality of an unbundled network element, as well as the quality of the access to the unbundled network element, that an incumbent LEC provides to a requesting telecommunications carrier shall be the same for all telecommunications carriers requesting access to that network element. ( b ) To the extent technically feasible, the quality of an unbundled network element, as well as the quality of the access to such unbundled network element, that an incumbent LEC provides to a requesting telecommunications carrier shall be at least equal in quality to that which the incumbent LEC provides to itself. If an incumbent LEC fails to meet this requirement, the incumbent LEC must prove to the state commission that it is not technically feasible to provide the requested unbundled network element, or to provide access to the requested unbundled network element, at a level of quality that is equal to that which the incumbent LEC provides to itself. ( c ) Previous successful access to an unbundled element at a particular point in a network, using particular facilities, is substantial evidence that access is technically feasible at that point, or at substantially similar points, in networks employing substantially similar facilities. Adherence to the same interface or protocol standards shall constitute evidence of the substantial similarity of network facilities. ( d ) Previous successful provision of access to an unbundled element at a particular point in a network at a particular level of quality is substantial evidence that access is technically feasible at that point, or at substantially similar points, at that level of quality. [ 61 FR 45619 , Aug. 29, 1996, as amended at 68 FR 52294 , Sept. 2, 2003] § 51.313 Just, reasonable and nondiscriminatory terms and conditions for the provision of unbundled network elements. ( a ) The terms and conditions pursuant to which an incumbent LEC provides access to unbundled network elements shall be offered equally to all requesting telecommunications carriers. ( b ) Where applicable, the terms and conditions pursuant to which an incumbent LEC offers to provide access to unbundled network elements, including but not limited to, the time within which the incumbent LEC provisions such access to unbundled network elements, shall, at a minimum, be no less favorable to the requesting carrier than the terms and conditions under which the incumbent LEC provides such elements to itself. ( c ) An incumbent LEC must provide a carrier purchasing access to unbundled network elements with the pre-ordering, ordering, provisioning, maintenance and repair, and billing functions of the incumbent LEC's operations support systems. § 51.315 Combination of unbundled network elements. ( a ) An incumbent LEC shall provide unbundled network elements in a manner that allows requesting telecommunications carriers to combine such network elements in order to provide a telecommunications service. ( b ) Except upon request, an incumbent LEC shall not separate requested network elements that the incumbent LEC currently combines. ( c ) Upon request, an incumbent LEC shall perform the functions necessary to combine unbundled network elements in any manner, even if those elements are not ordinarily combined in the incumbent LEC's network, provided that such combination: ( 1 ) Is technically feasible; and ( 2 ) Would not undermine the ability of other carriers to obtain access to unbundled network elements or to interconnect with the incumbent LEC's network. ( d ) Upon request, an incumbent LEC shall perform the functions necessary to combine unbundled network elements with elements possessed by the requesting telecommunications carrier in any technically feasible manner. ( e ) An incumbent LEC that denies a request to combine elements pursuant to paragraph (c)(1) or paragraph (d) of this section must prove to the state commission that the requested combination is not technically feasible. ( f ) An incumbent LEC that denies a request to combine unbundled network elements pursuant to paragraph (c)(2) of this section must demonstrate to the state commission that the requested combination would undermine the ability of other carriers to obtain access to unbundled network elements or to interconnect with the incumbent LEC's network. [ 61 FR 45619 , Aug. 29, 1996, as amended at 68 FR 52294 , Sept. 2, 2003] § 51.316 Conversion of unbundled network elements and services. ( a ) Upon request, an incumbent LEC shall convert a wholesale service, or group of wholesale services, to the equivalent unbundled network element, or combination of unbundled network elements, that is available to the requesting telecommunications carrier under section 251(c)(3) of the Act and this part. ( b ) An incumbent LEC shall perform any conversion from a wholesale service or group of wholesale services to an unbundled network element or combination of unbundled network elements without adversely affecting the service quality perceived by the requesting telecommunications carrier's end-user customer. ( c ) Except as agreed to by the parties, an incumbent LEC shall not impose any untariffed termination charges, or any disconnect fees, re-connect fees, or charges associated with establishing a service for the first time, in connection with any conversion between a wholesale service or group of wholesale services and an unbundled network element or combination of unbundled network elements. [ 68 FR 52294 , Sept. 2, 2003] § 51.317 Standards for requiring the unbundling of network elements. ( a ) Proprietary network elements. A network element shall be considered to be proprietary if an incumbent LEC can demonstrate that it has invested resources to develop proprietary information or functionalities that are protected by patent, copyright or trade secret law. The Commission shall undertake the following analysis to determine whether a proprietary network element should be made available for purposes of section 251(c)(3) of the Act: ( 1 ) Determine whether access to the proprietary network element is “necessary.” A network element is “necessary” if, taking into consideration the availability of alternative elements outside the incumbent LEC's network, including self-provisioning by a requesting telecommunications carrier or acquiring an alternative from a third-party supplier, lack of access to the network element precludes a requesting telecommunications carrier from providing the services that it seeks to offer. If access is “necessary,” the Commission may require the unbundling of such proprietary network element. ( 2 ) In the event that such access is not “necessary,” the Commission may require unbundling if it is determined that: ( i ) The incumbent LEC has implemented only a minor modification to the network element in order to qualify for proprietary treatment; ( ii ) The information or functionality that is proprietary in nature does not differentiate the incumbent LEC's services from the requesting telecommunications carrier's services; or ( iii ) Lack of access to such element would jeopardize the goals of the Act. ( b ) Non-proprietary network elements. The Commission shall determine whether a non-proprietary network element should be made available for purposes of section 251(c)(3) of the Act by analyzing, at a minimum, whether lack of access to a non-proprietary network element “impairs” a requesting carrier's ability to provide the service it seeks to offer. A requesting carrier's ability to provide service is “impaired” if, taking into consideration the availability of alternative elements outside the incumbent LEC's network, including elements self-provisioned by the requesting carrier or acquired as an alternative from a third-party supplier, lack of access to that element poses a barrier or barriers to entry, including operational and economic barriers, that are likely to make entry into a market by a reasonably efficient competitor uneconomic. [ 70 FR 8952 , Feb. 24, 2005] § 51.318 Eligibility criteria for access to certain unbundled network elements. ( a ) Except as provided in paragraph (b) of this section, an incumbent LEC shall provide access to unbundled network elements and combinations of unbundled network elements without regard to whether the requesting telecommunications carrier seeks access to the elements to establish a new circuit or to convert an existing circuit from a service to unbundled network elements. ( b ) An incumbent LEC need not provide access to an unbundled DS1 loop in combination, or commingled, with a dedicated DS1 transport or dedicated DS3 transport facility or service, or to an unbundled DS3 loop in combination, or commingled, with a dedicated DS3 transport facility or service, or an unbundled dedicated DS1 transport facility in combination, or commingled, with an unbundled DS1 loop or a DS1 channel termination service, or to an unbundled dedicated DS3 transport facility in combination, or commingled, with an unbundled DS1 loop or a DS1 channel termination service, or to an unbundled DS3 loop or a DS3 channel termination service, unless the requesting telecommunications carrier certifies that all of the following conditions are met: ( 1 ) The requesting telecommunications carrier has received state certification to provide local voice service in the area being served or, in the absence of a state certification requirement, has complied with registration, tariffing, filing fee, or other regulatory requirements applicable to the provision of local voice service in that area. ( 2 ) The following criteria are satisfied for each combined circuit, including each DS1 circuit, each DS1 enhanced extended link, and each DS1-equivalent circuit on a DS3 enhanced extended link: ( i ) Each circuit to be provided to each customer will be assigned a local number prior to the provision of service over that circuit; ( ii ) Each DS1-equivalent circuit on a DS3 enhanced extended link must have its own local number assignment, so that each DS3 must have at least 28 local voice numbers assigned to it; ( iii ) Each circuit to be provided to each customer will have 911 or E911 capability prior to the provision of service over that circuit; ( iv ) Each circuit to be provided to each customer will terminate in a collocation arrangement that meets the requirements of paragraph (c) of this section; ( v ) Each circuit to be provided to each customer will be served by an interconnection trunk that meets the requirements of paragraph (d) of this section; ( vi ) For each 24 DS1 enhanced extended links or other facilities having equivalent capacity, the requesting telecommunications carrier will have at least one active DS1 local service interconnection trunk that meets the requirements of paragraph (d) of this section; and ( vii ) Each circuit to be provided to each customer will be served by a switch capable of switching local voice traffic. ( c ) A collocation arrangement meets the requirements of this paragraph if it is: ( 1 ) Established pursuant to section 251(c)(6) of the Act and located at an incumbent LEC premises within the same LATA as the customer's premises, when the incumbent LEC is not the collocator; and ( 2 ) Located at a third party's premises within the same LATA as the customer's premises, when the incumbent LEC is the collocator. ( d ) An interconnection trunk meets the requirements of this paragraph if the requesting telecommunications carrier will transmit the calling party's number in connection with calls exchanged over the trunk. [ 68 FR 52295 , Sept. 2, 2003, as amended at 68 FR 64000 , Nov. 12, 2003] § 51.319 Specific unbundling requirements. ( a ) Local loops. An incumbent LEC shall provide a requesting telecommunications carrier with nondiscriminatory access to the local loop on an unbundled basis, in accordance with section 251(c)(3) of the Act and this part and as set forth in paragraphs (a)(1) through (8) of this section. The local loop network element is defined as a transmission facility between a distribution frame (or its equivalent) in an incumbent LEC central office and the loop demarcation point at an end-user customer premises. This element includes all features, functions, and capabilities of such transmission facility, including the network interface device. It also includes all electronics, optronics, and intermediate devices (including repeaters and load coils) used to establish the transmission path to the end-user customer premises as well as any inside wire owned or controlled by the incumbent LEC that is part of that transmission path. ( 1 ) Copper loops. An incumbent LEC shall provide a requesting telecommunications carrier with nondiscriminatory access to the copper on an unbundled basis in census blocks defined as rural or urban cluster by the Census Bureau. A copper loop is a stand-alone local loop comprised entirely of copper wire or cable. For purposes of this section, copper loops include only digital copper loops ( e.g., DS0s and integrated services digital network lines) as well as two-wire and four-wire copper loops conditioned to transmit the digital signals needed to provide digital subscriber line services, regardless of whether the copper loops are in service or held as spares. The copper loop does not include packet switching capabilities as defined in paragraph (a)(2)(i) of this section. The availability of DS1 and DS3 copper loops is subject to the requirements of paragraphs (a)(4) and (5) of this section. ( i ) Line splitting. An incumbent LEC shall provide a requesting telecommunications carrier that obtains an unbundled copper loop from the incumbent LEC with the ability to engage in line splitting arrangements with another competitive LEC using a splitter collocated at the central office where the loop terminates into a distribution frame or its equivalent. Line splitting is the process in which one competitive LEC provides narrowband voice service over the low frequency portion of a copper loop and a second competitive LEC provides digital subscriber line service over the high frequency portion of that same loop. The high frequency portion of the loop consists of the frequency range on the copper loop above the range that carries analog circuit-switched voice transmissions. This portion of the loop includes the features, functions, and capabilities of the loop that are used to establish a complete transmission path on the high frequency range between the incumbent LEC's distribution frame (or its equivalent) in its central office and the demarcation point at the end-user customer premises, and includes the high frequency portion of any inside wire owned or controlled by the incumbent LEC. ( A ) An incumbent LEC's obligation, under paragraph (a)(1)(i) of this section, to provide a requesting telecommunications carrier with the ability to engage in line splitting applies regardless of whether the carrier providing voice service provides its own switching or obtains local circuit switching from the incumbent LEC. ( B ) An incumbent LEC must make all necessary network modifications, including providing nondiscriminatory access to operations support systems necessary for pre-ordering, ordering, provisioning, maintenance and repair, and billing for loops used in line splitting arrangements. ( ii ) Line conditioning. The incumbent LEC shall condition a copper loop at the request of the carrier seeking access to a copper loop under paragraph (a)(1) of this section or a copper subloop under paragraph (b) of this section to ensure that the copper loop or copper subloop is suitable for providing digital subscriber line services, whether or not the incumbent LEC offers advanced services to the end-user customer on that copper loop or copper subloop. If the incumbent LEC seeks compensation from the requesting telecommunications carrier for line conditioning, the requesting telecommunications carrier has the option of refusing, in whole or in part, to have the line conditioned; and a requesting telecommunications carrier's refusal of some or all aspects of line conditioning will not diminish any right it may have, under paragraphs (a) and (b) of this section, to access the copper loop or the copper subloop. ( A ) Line conditioning is defined as the removal from a copper loop or copper subloop of any device that could diminish the capability of the loop or subloop to deliver high-speed switched wireline telecommunications capability, including digital subscriber line service. Such devices include, but are not limited to, bridge taps, load coils, low pass filters, and range extenders. ( B ) Incumbent LECs shall recover the costs of line conditioning from the requesting telecommunications carrier in accordance with the Commission's forward-looking pricing principles promulgated pursuant to section 252(d)(1) of the Act and in compliance with rules governing nonrecurring costs in § 51.507(e) . ( C ) Insofar as it is technically feasible, the incumbent LEC shall test and report troubles for all the features, functions, and capabilities of conditioned copper lines, and may not restrict its testing to voice transmission only. ( iii ) Maintenance, repair, and testing. ( A ) An incumbent LEC shall provide, on a nondiscriminatory basis, physical loop test access points to a requesting telecommunications carrier at the splitter, through a cross-connection to the requesting telecommunications carrier's collocation space, or through a standardized interface, such as an intermediate distribution frame or a test access server, for the purpose of testing, maintaining, and repairing copper loops and copper subloops. ( B ) An incumbent LEC seeking to utilize an alternative physical access methodology may request approval to do so from the state commission, but must show that the proposed alternative method is reasonable and nondiscriminatory, and will not disadvantage a requesting telecommunications carrier's ability to perform loop or service testing, maintenance, or repair. ( iv ) Control of the loop and splitter functionality. In situations where a requesting telecommunications carrier is obtaining access to the high frequency portion of a copper loop through a line splitting arrangement, the incumbent LEC may maintain control over the loop and splitter equipment and functions, and shall provide to the requesting telecommunications carrier loop and splitter functionality that is compatible with any transmission technology that the requesting telecommunications carrier seeks to deploy using the high frequency portion of the loop, as defined in paragraph (a)(1)(i) of this section, provided that such transmission technology is presumed to be deployable pursuant to § 51.230 . ( v ) Transition period for narrowband loops. Notwithstanding any other provision of the Commission's rules in this part, an incumbent LEC shall continue to provide a requesting telecommunications carrier with nondiscriminatory access to two-wire and four-wire analog voice grade copper loops, the TDM-features, functions, and capabilities of hybrid loops, or to a 64 kilobits per second transmission path capable of voice grade service over the fiber-to-the-home loop or fiber-to-the-curb loop for 36 months until February 8, 2024, provided such loop was being provided before February 8, 2021. ( vi ) Transition period for digital copper loops and two-wire and four-wire copper loops conditioned to transmit digital signals. Notwithstanding the remainder of paragraph (a)(1) of this section, an incumbent LEC shall continue to provide a requesting telecommunications carrier with nondiscriminatory access to copper loops as defined in this section for 48 months until February 10, 2025, provided that the incumbent LEC began providing such loop no later than February 8, 2023. Incumbent LECs may raise the rates charged for such loops by no more than 25 percent during months 37 to 48 of this transition period and may charge market-based rates after month 48. ( 2 ) Hybrid loops. A hybrid loop is a local loop composed of both fiber optic cable, usually in the feeder plant, and copper wire or cable, usually in the distribution plant. ( i ) Packet switching facilities, features, functions, and capabilities. An incumbent LEC is not required to provide unbundled access to the packet switched features, functions and capabilities of its hybrid loops. Packet switching capability is the routing or forwarding of packets, frames, cells, or other data units based on address or other routing information contained in the packets, frames, cells or other data units, and the functions that are performed by the digital subscriber line access multiplexers, including but not limited to the ability to terminate an end-user customer's copper loop (which includes both a low-band voice channel and a high-band data channel, or solely a data channel); the ability to forward the voice channels, if present, to a circuit switch or multiple circuit switches; the ability to extract data units from the data channels on the loops; and the ability to combine data units from multiple loops onto one or more trunks connecting to a packet switch or packet switches. ( ii ) [Reserved] ( 3 ) Fiber loops — ( i ) Definitions — ( A ) Fiber-to-the-home loops. A fiber-to-the-home loop is a local loop consisting entirely of fiber optic cable, whether dark or lit, serving an end user's customer premises or, in the case of predominantly residential multiple dwelling units (MDUs), a fiber optic cable, whether dark or lit, that extends to the multiunit premises' minimum point of entry (MPOE). ( B ) Fiber-to-the-curb loops. A fiber-to-the-curb loop is a local loop consisting of fiber optic cable connecting to a copper distribution plant that is not more than 500 feet from the customer's premises or, in the case of predominantly residential MDUs, not more than 500 feet from the MDU's MPOE. The fiber optic cable in a fiber-to-the-curb loop must connect to a copper distribution plant at a serving area interface from which every other copper distribution subloop also is not more than 500 feet from the respective customer's premises. ( ii ) New builds. An incumbent LEC is not required to provide nondiscriminatory access to a fiber-to-the-home loop or a fiber-to-the-curb loop on an unbundled basis when the incumbent LEC deploys such a loop to an end user's customer premises that previously has not been served by any loop facility. ( iii ) Overbuilds. An incumbent LEC is not required to provide nondiscriminatory access to a fiber-to-the-home loop or a fiber-to-the-curb loop on an unbundled basis when the incumbent LEC has deployed such a loop parallel to, or in replacement of, an existing copper loop facility, except that: ( A ) The incumbent LEC must maintain the existing copper loop connected to the particular customer premises after deploying the fiber-to-the-home loop or the fiber-to-the-curb loop and provide nondiscriminatory access to that copper loop on an unbundled basis unless the incumbent LEC retires the copper loops pursuant to paragraph (a)(3)(iv) of this section. ( B ) An incumbent LEC that maintains the existing copper loops pursuant to paragraph (a)(3)(iii)(A) of this section need not incur any expenses to ensure that the existing copper loop remains capable of transmitting signals prior to receiving a request for access pursuant to that paragraph, in which case the incumbent LEC shall restore the copper loop to serviceable condition upon request. ( iv ) Retirement of copper loops or copper subloops. Prior to retiring any copper loop or copper subloop that has been replaced with a fiber-to-the-home loop or a fiber-to-the-curb loop, an incumbent LEC must comply with: ( A ) The network disclosure requirements set forth in section 251(c)(5) of the Act and in § 51.325 through § 51.335 ; and ( B ) Any applicable state requirements. ( 4 ) DS1 loops. ( i ) Availability of DS1 loops. ( A ) Subject to the cap described in paragraph (a)(4)(ii) of this section, an incumbent LEC shall provide a requesting telecommunications carrier with nondiscriminatory access to a DS1 loop on an unbundled basis to any building not served by a wire center with at least 60,000 business lines and at least four fiber-based collocators, but only if that building is located in: ( 1 ) Any county or portion of a county served by a price cap incumbent LEC that is not included on the list of counties that have been deemed competitive pursuant to the competitive market test established under § 69.803 of this chapter ; or ( 2 ) Any study area served by a rate-of-return incumbent LEC provided that study area is not included on the list of competitive study areas pursuant to the competitive market test established under § 61.50 of this chapter . ( B ) Once a wire center exceeds both the business line and fiber-based collocator thresholds, no future DS1 loop unbundling will be required in that wire center. A DS1 loop is a digital local loop having a total digital signal speed of 1.544 megabytes per second. DS1 loops include, but are not limited to, two-wire and four-wire copper loops capable of providing high-bit rate digital subscriber line services, including T1 services. ( ii ) Cap on unbundled DS1 loop circuits. A requesting telecommunications carrier may obtain a maximum of ten unbundled DS1 loops to any single building in which DS1 loops are available as unbundled loops. ( iii ) Transition period. Notwithstanding paragraph (a)(4)(i) of this section, an incumbent LEC shall continue to provide a requesting telecommunications carrier with nondiscriminatory access to DS1 loops for 42 months until August 8, 2024, provided the incumbent LEC began providing such loop no later than February 8, 2023. ( 5 ) DS3 loops. ( i ) Availability of DS3 loops. ( A ) Subject to the cap described in paragraph (a)(5)(ii) of this section, an incumbent LEC shall provide a requesting telecommunications carrier with nondiscriminatory access to a DS3 loop on an unbundled basis to any building not served by a wire center with at least 38,000 business lines and at least four fiber-based collocators, but only if that building is located in one of the following: ( 1 ) Any county or portion of a county served by a price cap incumbent LEC that is not included on the list of counties that have been deemed competitive pursuant to the competitive market test established under § 69.803 of this chapter ; or ( 2 ) Any study area served by a rate-of-return incumbent LEC provided that study area is not included on the list of competitive study areas pursuant to the competitive market test established under § 61.50 of this chapter . ( B ) Once a wire center exceeds the business line and fiber-based collocator thresholds, no future DS3 loop unbundling will be required in that wire center. A DS3 loop is a digital local loop having a total digital signal speed of 44.736 megabytes per second. ( ii ) Cap on unbundled DS3 loop circuits. A requesting telecommunications carrier may obtain a maximum of a single unbundled DS3 loop to any single building in which DS3 loops are available as unbundled loops. ( iii ) Transition period. Notwithstanding paragraph (a)(5)(i) of this section, an incumbent LEC shall continue to provide a requesting telecommunications carrier with nondiscriminatory access to DS3 loops for 36 months after until February 8, 2024, provided such loop was being provided before February 8, 2021. ( 6 ) Dark fiber loops. An incumbent LEC is not required to provide requesting telecommunications carriers with access to a dark fiber loop on an unbundled basis. Dark fiber is fiber within an existing fiber optic cable that has not yet been activated through optronics to render it capable of carrying communications services. ( 7 ) Routine network modifications. ( i ) An incumbent LEC shall make all routine network modifications to unbundled loop facilities used by requesting telecommunications carriers where the requested loop facility has already been constructed. An incumbent LEC shall perform these routine network modifications to unbundled loop facilities in a nondiscriminatory fashion, without regard to whether the loop facility being accessed was constructed on behalf, or in accordance with the specifications, of any carrier. ( ii ) A routine network modification is an activity that the incumbent LEC regularly undertakes for its own customers. Routine network modifications include, but are not limited to, rearranging or splicing of cable; adding an equipment case; adding a doubler or repeater; adding a smart jack; installing a repeater shelf; adding a line card; deploying a new multiplexer or reconfiguring an existing multiplexer; and attaching electronic and other equipment that the incumbent LEC ordinarily attaches to a DS1 loop to activate such loop for its own customer. Routine network modifications may entail activities such as accessing manholes, deploying bucket trucks to reach aerial cable, and installing equipment casings. Routine network modifications do not include the construction of a new loop, or the installation of new aerial or buried cable for a requesting telecommunications carrier. ( 8 ) Engineering policies, practices, and procedures. An incumbent LEC shall not engineer the transmission capabilities of its network in a manner, or engage in any policy, practice, or procedure, that disrupts or degrades access to a local loop or subloop, including the time division multiplexing-based features, functions, and capabilities of a hybrid loop, for which a requesting telecommunications carrier may obtain or has obtained access pursuant to paragraph (a) of this section. ( b ) Subloops and network interface devices. An incumbent LEC shall provide a requesting telecommunications carrier with nondiscriminatory access to subloops on an unbundled basis in accordance with section 251(c)(3) of the Act and this part and as set forth in this paragraph (b) , provided that the underlying loop is available as set forth in paragraph (a) of this section. Notwithstanding any other provision of the Commission's rules in this part, an incumbent LEC shall continue to provide a requesting telecommunications carrier with nondiscriminatory access to the subloop for access to multiunit premises wiring and network interface devices on an unbundled basis for 36 months until February 8, 2024, provided such subloop or network interface device was being provided before February 8, 2021. ( 1 ) Copper subloops. An incumbent LEC shall provide a requesting telecommunications carrier with nondiscriminatory access to a copper subloop on an unbundled basis. A copper subloop is a portion of a copper loop, or hybrid loop, comprised entirely of copper wire or copper cable that acts as a transmission facility between any point of technically feasible access in an incumbent LEC's outside plant, including inside wire owned or controlled by the incumbent LEC, and the end-user customer premises. A copper subloop includes all intermediate devices (including repeaters and load coils) used to establish a transmission path between a point of technically feasible access and the demarcation point at the end-user customer premises, and includes the features, functions, and capabilities of the copper loop. Copper subloops include two-wire and four-wire analog voice-grade subloops as well as two-wire and four-wire subloops conditioned to transmit the digital signals needed to provide digital subscriber line services, regardless of whether the subloops are in service or held as spares. ( i ) Point of technically feasible access. A point of technically feasible access is any point in the incumbent LEC's outside plant where a technician can access the copper wire within a cable without removing a splice case. Such points include, but are not limited to, a pole or pedestal, the serving area interface, the network interface device, the minimum point of entry, any remote terminal, and the feeder/distribution interface. An incumbent LEC shall, upon a site-specific request, provide access to a copper subloop at a splice near a remote terminal. The incumbent LEC shall be compensated for providing this access in accordance with §§ 51.501 through 51.515 . ( ii ) Rules for collocation. Access to the copper subloop is subject to the Commission's collocation rules at §§ 51.321 and 51.323 . ( 2 ) [Reserved] ( 3 ) Other subloop provisions — ( i ) Technical feasibility. If parties are unable to reach agreement through voluntary negotiations as to whether it is technically feasible, or whether sufficient space is available, to unbundle a copper subloop at the point where a telecommunications carrier requests, the incumbent LEC shall have the burden of demonstrating to the state commission, in state proceedings under section 252 of the Act, that there is not sufficient space available, or that it is not technically feasible to unbundle the subloop at the point requested. ( ii ) Best practices. Once one state commission has determined that it is technically feasible to unbundle subloops at a designated point, an incumbent LEC in any state shall have the burden of demonstrating to the state commission, in state proceedings under section 252 of the Act, that it is not technically feasible, or that sufficient space is not available, to unbundle its own loops at such a point. ( c ) Dedicated transport. An incumbent LEC shall provide a requesting telecommunications carrier with nondiscriminatory access to dedicated transport on an unbundled basis, in accordance with section 251(c)(3) of the Act and this part, as set forth in paragraphs (d) through (d)(4) of this section. A “route” is a transmission path between one of an incumbent LEC's wire centers or switches and another of the incumbent LEC's wire centers or switches. A route between two points ( e.g., wire center or switch “A” and wire center or switch “Z”) may pass through one or more intermediate wire centers or switches ( e.g., wire center or switch “X”). Transmission paths between identical end points ( e.g., wire center or switch “A” and wire center or switch “Z”) are the same “route,” irrespective of whether they pass through the same intermediate wire centers or switches, if any. ( 1 ) Definition. For purposes of this section, dedicated transport includes incumbent LEC transmission facilities between wire centers or switches owned by incumbent LECs, or between wire centers or switches owned by incumbent LECs and switches owned by requesting telecommunications carriers, including, but not limited to, DS1-, DS3-, and OCn-capacity level services, as well as dark fiber, dedicated to a particular customer or carrier. ( 2 ) Availability. ( i ) Entrance facilities. An incumbent LEC is not obligated to provide a requesting carrier with unbundled access to dedicated transport that does not connect a pair of incumbent LEC wire centers. ( ii ) Dedicated DS1 transport. Dedicated DS1 transport shall be made available to requesting carriers on an unbundled basis as set forth in paragraphs (d)(2)(ii)(A) and (B) of this section. Dedicated DS1 transport consists of incumbent LEC interoffice transmission facilities that have a total digital signal speed of 1.544 megabytes per second and are dedicated to a particular customer or carrier. ( A ) General availability of DS1 transport. Incumbent LECs shall unbundle DS1 transport between any pair of incumbent LEC wire centers except where, through application of tier classifications described in paragraph (d)(3) of this section, both wire centers defining the route are Tier 1 wire centers. As such, an incumbent LEC must unbundle DS1 transport if a wire center at either end of a requested route is not a Tier 1 wire center, or if neither is a Tier 1 wire center. ( B ) Cap on unbundled DS1 transport circuits. A requesting telecommunications carrier may obtain a maximum of ten unbundled DS1 dedicated transport circuits on each route where DS1 dedicated transport is available on an unbundled basis. ( iii ) Dedicated DS3 transport. Dedicated DS3 transport shall be made available to requesting carriers on an unbundled basis as set forth in paragraphs (d)(2)(iii)(A) and (B) of this section. Dedicated DS3 transport consists of incumbent LEC interoffice transmission facilities that have a total digital signal speed of 44.736 megabytes per second and are dedicated to a particular customer or carrier. ( A ) General availability of DS3 transport. Incumbent LECs shall unbundle DS3 transport between any pair of incumbent LEC wire centers except where, through application of tier classifications described in paragraph (d)(3) of this section, both wire centers defining the route are either Tier 1 or Tier 2 wire centers. As such, an incumbent LEC must unbundle DS3 transport if a wire center on either end of a requested route is a Tier 3 wire center. ( B ) Cap on unbundled DS3 transport circuits. A requesting telecommunications carrier may obtain a maximum of 12 unbundled DS3 dedicated transport circuits on each route where DS3 dedicated transport is available on an unbundled basis. ( iv ) Dark fiber transport. Dark fiber transport consists of unactivated optical interoffice transmission facilities. Incumbent LECs shall unbundle dark fiber transport between any pair of incumbent LEC wire centers except where, through application of tier classifications described in paragraph (d)(3) of this section, both wire centers defining the route are either Tier 1, Tier 2, or a Tier 3 wire center identified on the list of wire centers that has been found to be within a half mile of alternative fiber pursuant to the Report and Order on Remand and Memorandum Opinion and Order in WC Docket No. 18-14, FCC 19-66 (released July 12, 2019). An incumbent LEC must unbundle dark fiber transport only if a wire center on either end of a requested route is a Tier 3 wire center that is not on the published list of wire centers. Notwithstanding any other provision of the Commission's rules in this part, an incumbent LEC shall continue to provide a requesting telecommunications carrier with nondiscriminatory access to dark fiber transport for eight years until February 8, 2029, provided such dark fiber transport was being provided before February 8, 2021. ( 3 ) Wire center tier structure. For purposes of this section, incumbent LEC wire centers shall be classified into three tiers, defined as follows: ( i ) Tier 1 wire centers are those incumbent LEC wire centers that contain at least four fiber-based collocators, at least 38,000 business lines, or both. Tier 1 wire centers also are those incumbent LEC tandem switching locations that have no line-side switching facilities, but nevertheless serve as a point of traffic aggregation accessible by competitive LECs. Once a wire center is determined to be a Tier 1 wire center, that wire center is not subject to later reclassification as a Tier 2 or Tier 3 wire center. ( ii ) Tier 2 wire centers are those incumbent LEC wire centers that are not Tier 1 wire centers, but contain at least 3 fiber-based collocators, at least 24,000 business lines, or both. Once a wire center is determined to be a Tier 2 wire center, that wire center is not subject to later reclassification as a Tier 3 wire center. ( iii ) Tier 3 wire centers are those incumbent LEC wire centers that do not meet the criteria for Tier 1 or Tier 2 wire centers. ( 4 ) Routine network modifications. ( i ) An incumbent LEC shall make all routine network modifications to unbundled dedicated transport facilities used by requesting telecommunications carriers where the requested dedicated transport facilities have already been constructed. An incumbent LEC shall perform all routine network modifications to unbundled dedicated transport facilities in a nondiscriminatory fashion, without regard to whether the facility being accessed was constructed on behalf, or in accordance with the specifications, of any carrier. ( ii ) A routine network modification is an activity that the incumbent LEC regularly undertakes for its own customers. Routine network modifications include, but are not limited to, rearranging or splicing of cable; adding an equipment case; adding a doubler or repeater; installing a repeater shelf; and deploying a new multiplexer or reconfiguring an existing multiplexer. They also include activities needed to enable a requesting telecommunications carrier to light a dark fiber transport facility. Routine network modifications may entail activities such as accessing manholes, deploying bucket trucks to reach aerial cable, and installing equipment casings. Routine network modifications do not include the installation of new aerial or buried cable for a requesting telecommunications carrier. ( d ) 911 and E911 databases. An incumbent LEC shall provide a requesting telecommunications carrier with nondiscriminatory access to 911 and E911 databases on an unbundled basis, in accordance with section 251(c)(3) of the Act and this part. ( e ) Operations support systems. An incumbent LEC shall provide a requesting telecommunications carrier with nondiscriminatory access to operations support systems on an unbundled basis only when it is used to manage other unbundled network elements, local interconnection, or local number portability, in accordance with section 251(c)(3) of the Act and this part. Operations support system functions consist of pre-ordering, ordering, provisioning, maintenance and repair, and billing functions supported by an incumbent LEC's databases and information. An incumbent LEC, as part of its duty to provide access to the pre-ordering function, shall provide the requesting telecommunications carrier with nondiscriminatory access to the same detailed information about the loop that is available to the incumbent LEC. [ 68 FR 52295 , Sept. 4, 2003, as amended at 68 FR 64000 , Nov. 12, 2003; 69 FR 54591 , Sept. 9, 2004; 69 FR 77953 , Dec. 29, 2004; 70 FR 8953 , Feb. 24, 2005: 78 FR 5746 , Jan. 28, 2013; 86 FR 1673 , Jan. 8, 2021; 86 FR 8872 , Feb. 10, 2021] § 51.320 Assumption of responsibility by the Commission. If a state commission fails to exercise its authority under § 51.319 , any party seeking that the Commission step into the role of the state commission shall file with the Commission and serve on the state commission a petition that explains with specificity the bases for the petition and information that supports the claim that the state commission has failed to act. Subsequent to the Commission's issuing a public notice and soliciting comments on the petition from interested parties, the Commission will rule on the petition within 90 days of the date of the public notice. If it agrees that the state commission has failed to act, the Commission will assume responsibility for the proceeding, and within nine months from the date it assumed responsibility for the proceeding, make any findings in accordance with the Commission's rules. [ 68 FR 52305 , Sept. 2, 2003] § 51.321 Methods of obtaining interconnection and access to unbundled elements under section 251 of the Act. ( a ) Except as provided in paragraph (e) of this section, an incumbent LEC shall provide, on terms and conditions that are just, reasonable, and nondiscriminatory in accordance with the requirements of this part, any technically feasible method of obtaining interconnection or access to unbundled network elements at a particular point upon a request by a telecommunications carrier. ( b ) Technically feasible methods of obtaining interconnection or access to unbundled network elements include, but are not limited to: ( 1 ) Physical collocation and virtual collocation at the premises of an incumbent LEC; and ( 2 ) Meet point interconnection arrangements. ( c ) A previously successful method of obtaining interconnection or access to unbundled network elements at a particular premises or point on any incumbent LEC's network is substantial evidence that such method is technically feasible in the case of substantially similar network premises or points. A requesting telecommunications carrier seeking a particular collocation arrangement, either physical or virtual, is entitled to a presumption that such arrangement is technically feasible if any LEC has deployed such collocation arrangement in any incumbent LEC premises. ( d ) An incumbent LEC that denies a request for a particular method of obtaining interconnection or access to unbundled network elements on the incumbent LEC's network must prove to the state commission that the requested method of obtaining interconnection or access to unbundled network elements at that point is not technically feasible. ( e ) An incumbent LEC shall not be required to provide for physical collocation of equipment necessary for interconnection or access to unbundled network elements at the incumbent LEC's premises if it demonstrates to the state commission that physical collocation is not practical for technical reasons or because of space limitations. In such cases, the incumbent LEC shall be required to provide virtual collocation, except at points where the incumbent LEC proves to the state commission that virtual collocation is not technically feasible. If virtual collocation is not technically feasible, the incumbent LEC shall provide other methods of interconnection and access to unbundled network elements to the extent technically feasible. ( f ) An incumbent LEC shall submit to the state commission, subject to any protective order as the state commission may deem necessary, detailed floor plans or diagrams of any premises where the incumbent LEC claims that physical collocation is not practical because of space limitations. These floor plans or diagrams must show what space, if any, the incumbent LEC or any of its affiliates has reserved for future use, and must describe in detail the specific future uses for which the space has been reserved and the length of time for each reservation. An incumbent LEC that contends space for physical collocation is not available in an incumbent LEC premises must also allow the requesting carrier to tour the entire premises in question, not only the area in which space was denied, without charge, within ten days of the receipt of the incumbent's denial of space. An incumbent LEC must allow a requesting telecommunications carrier reasonable access to its selected collocation space during construction. ( g ) An incumbent LEC that is classified as a Class A company under § 32.11 of this chapter and that is not a National Exchange Carrier Association interstate tariff participant as provided in part 69, subpart G, shall continue to provide expanded interconnection service pursuant to interstate tariff in accordance with §§ 64.1401 , 64.1402 , 69.121 of this chapter , and the Commission's other requirements. ( h ) Upon request, an incumbent LEC must submit to the requesting carrier within ten days of the submission of the request a report describing in detail the space that is available for collocation in a particular incumbent LEC premises. This report must specify the amount of collocation space available at each requested premises, the number of collocators, and any modifications in the use of the space since the last report. This report must also include measures that the incumbent LEC is taking to make additional space available for collocation. The incumbent LEC must maintain a publicly available document, posted for viewing on the incumbent LEC's publicly available Internet site, indicating all premises that are full, and must update such a document within ten days of the date at which a premises runs out of physical collocation space. ( i ) An incumbent LEC must, upon request, remove obsolete unused equipment from their premises to increase the amount of space available for collocation. [ 61 FR 45619 , Aug. 28, 1996, as amended at 64 FR 23241 , Apr. 30, 1999; 65 FR 54438 , Sept. 8, 2000; 66 FR 43521 , Aug. 20, 2001] § 51.323 Standards for physical collocation and virtual collocation. ( a ) An incumbent LEC shall provide physical collocation and virtual collocation to requesting telecommunications carriers. ( b ) An incumbent LEC shall permit the collocation and use of any equipment necessary for interconnection or access to unbundled network elements. ( 1 ) Equipment is necessary for interconnection if an inability to deploy that equipment would, as a practical, economic, or operational matter, preclude the requesting carrier from obtaining interconnection with the incumbent LEC at a level equal in quality to that which the incumbent obtains within its own network or the incumbent provides to any affiliate, subsidiary, or other party. ( 2 ) Equipment is necessary for access to an unbundled network element if an inability to deploy that equipment would, as a practical, economic, or operational matter, preclude the requesting carrier from obtaining nondiscriminatory access to that unbundled network element, including any of its features, functions, or capabilities. ( 3 ) Multi-functional equipment shall be deemed necessary for interconnection or access to an unbundled network element if and only if the primary purpose and function of the equipment, as the requesting carrier seeks to deploy it, meets either or both of the standards set forth in paragraphs (b)(1) and (b)(2) of this section. For a piece of equipment to be utilized primarily to obtain equal in quality interconnection or nondiscriminatory access to one or more unbundled network elements, there also must be a logical nexus between the additional functions the equipment would perform and the telecommunication services the requesting carrier seeks to provide to its customers by means of the interconnection or unbundled network element. The collocation of those functions of the equipment that, as stand-alone functions, do not meet either of the standards set forth in paragraphs (b)(1) and (b)(2) of this section must not cause the equipment to significantly increase the burden on the incumbent's property. ( c ) Whenever an incumbent LEC objects to collocation of equipment by a requesting telecommunications carrier for purposes within the scope of section 251(c)(6) of the Act, the incumbent LEC shall prove to the state commission that the equipment is not necessary for interconnection or access to unbundled network elements under the standards set forth in paragraph (b) of this section. An incumbent LEC may not object to the collocation of equipment on the grounds that the equipment does not comply with safety or engineering standards that are more stringent than the safety or engineering standards that the incumbent LEC applies to its own equipment. An incumbent LEC may not object to the collocation of equipment on the ground that the equipment fails to comply with Network Equipment and Building Specifications performance standards or any other performance standards. An incumbent LEC that denies collocation of a competitor's equipment, citing safety standards, must provide to the competitive LEC within five business days of the denial a list of all equipment that the incumbent LEC locates at the premises in question, together with an affidavit attesting that all of that equipment meets or exceeds the safety standard that the incumbent LEC contends the competitor's equipment fails to meet. This affidavit must set forth in detail: the exact safety requirement that the requesting carrier's equipment does not satisfy; the incumbent LEC's basis for concluding that the requesting carrier's equipment does not meet this safety requirement; and the incumbent LEC's basis for concluding why collocation of equipment not meeting this safety requirement would compromise network safety. ( d ) When an incumbent LEC provides physical collocation, virtual collocation, or both, the incumbent LEC shall: ( 1 ) Provide an interconnection point or points, physically accessible by both the incumbent LEC and the collocating telecommunications carrier, at which the fiber optic cable carrying an interconnector's circuits can enter the incumbent LEC's premises, provided that the incumbent LEC shall designate interconnection points as close as reasonably possible to its premises; ( 2 ) Provide at least two such interconnection points at each incumbent LEC premises at which there are at least two entry points for the incumbent LEC's cable facilities, and at which space is available for new facilities in at least two of those entry points; ( 3 ) Permit interconnection of copper or coaxial cable if such interconnection is first approved by the state commission; and ( 4 ) Permit physical collocation of microwave transmission facilities except where such collocation is not practical for technical reasons or because of space limitations, in which case virtual collocation of such facilities is required where technically feasible. ( e ) When providing virtual collocation, an incumbent LEC shall, at a minimum, install, maintain, and repair collocated equipment meeting the standards set forth in paragraph (b) of this section within the same time periods and with failure rates that are no greater than those that apply to the performance of similar functions for comparable equipment of the incumbent LEC itself. ( f ) An incumbent LEC shall provide space for the collocation of equipment meeting the standards set forth in paragraph (b) of this section in accordance with the following requirements: ( 1 ) An incumbent LEC shall make space available within or on its premises to requesting telecommunications carriers on a first-come, first-served basis, provided, however, that the incumbent LEC shall not be required to lease or construct additional space to provide for physical collocation when existing space has been exhausted; ( 2 ) To the extent possible, an incumbent LEC shall make contiguous space available to requesting telecommunications carriers that seek to expand their existing collocation space; ( 3 ) When planning renovations of existing facilities or constructing or leasing new facilities, an incumbent LEC shall take into account projected demand for collocation of equipment; ( 4 ) An incumbent LEC may retain a limited amount of floor space for its own specific future uses, provided, however, that neither the incumbent LEC nor any of its affiliates may reserve space for future use on terms more favorable than those that apply to other telecommunications carriers seeking to reserve collocation space for their own future use; ( 5 ) An incumbent LEC shall relinquish any space held for future use before denying a request for virtual collocation on the grounds of space limitations, unless the incumbent LEC proves to the state commission that virtual collocation at that point is not technically feasible; and ( 6 ) An incumbent LEC may impose reasonable restrictions on the warehousing of unused space by collocating telecommunications carriers, provided, however, that the incumbent LEC shall not set maximum space limitations applicable to such carriers unless the incumbent LEC proves to the state commission that space constraints make such restrictions necessary. ( 7 ) An incumbent LEC must assign collocation space to requesting carriers in a just, reasonable, and nondiscriminatory manner. An incumbent LEC must allow each carrier requesting physical collocation to submit space preferences prior to assigning physical collocation space to that carrier. At a minimum, an incumbent LEC's space assignment policies and practices must meet the following principles: (A) An incumbent LEC's space assignment policies and practices must not materially increase a requesting carrier's collocation costs. (B) An incumbent LEC's space assignment policies and practices must not materially delay a requesting carrier occupation and use of the incumbent LEC's premises. (C) An incumbent LEC must not assign physical collocation space that will impair the quality of service or impose other limitations on the service a requesting carrier wishes to offer. (D) An incumbent LEC's space assignment policies and practices must not reduce unreasonably the total space available for physical collocation or preclude unreasonably physical collocation within the incumbent's premises. ( g ) An incumbent LEC shall permit collocating telecommunications carriers to collocate equipment and connect such equipment to unbundled network transmission elements obtained from the incumbent LEC, and shall not require such telecommunications carriers to bring their own transmission facilities to the incumbent LEC's premises in which they seek to collocate equipment. ( h ) As described in paragraphs (1) and (2) of this section, an incumbent LEC shall permit a collocating telecommunications carrier to interconnect its network with that of another collocating telecommunications carrier at the incumbent LEC's premises and to connect its collocated equipment to the collocated equipment of another telecommunications carrier within the same premises, provided that the collocated equipment is also used for interconnection with the incumbent LEC or for access to the incumbent LEC's unbundled network elements. ( 1 ) An incumbent LEC shall provide, at the request of a collocating telecommunications carrier, a connection between the equipment in the collocated spaces of two or more telecommunications carriers, except to the extent the incumbent LEC permits the collocating parties to provide the requested connection for themselves or a connection is not required under paragraph (h)(2) of this section. Where technically feasible, the incumbent LEC shall provide the connection using copper, dark fiber, lit fiber, or other transmission medium, as requested by the collocating telecommunications carrier. ( 2 ) An incumbent LEC is not required to provide a connection between the equipment in the collocated spaces of two or more telecommunications carriers if the connection is requested pursuant to section 201 of the Act, unless the requesting carrier submits to the incumbent LEC a certification that more than 10 percent of the amount of traffic to be transmitted through the connection will be interstate. The incumbent LEC cannot refuse to accept the certification, but instead must provision the service promptly. Any incumbent LEC may file a section 208 complaint with the Commission challenging the certification if it believes that the certification is deficient. No such certification is required for a request for such connection under section 251 of the Act. ( i ) As provided herein, an incumbent LEC may require reasonable security arrangements to protect its equipment and ensure network reliability. An incumbent LEC may only impose security arrangements that are as stringent as the security arrangements that the incumbent LEC maintains at its own premises for its own employees or authorized contractors. An incumbent LEC must allow collocating parties to access their collocated equipment 24 hours a day, seven days a week, without requiring either a security escort of any kind or delaying a competitor's employees' entry into the incumbent LEC's premises. An incumbent LEC may require a collocating carrier to pay only for the least expensive, effective security option that is viable for the physical collocation space assigned. Reasonable security measures that the incumbent LEC may adopt include: ( 1 ) Installing security cameras or other monitoring systems; or ( 2 ) Requiring competitive LEC personnel to use badges with computerized tracking systems; or ( 3 ) Requiring competitive LEC employees to undergo the same level of security training, or its equivalent, that the incumbent's own employees, or third party contractors providing similar functions, must undergo; provided, however, that the incumbent LEC may not require competitive LEC employees to receive such training from the incumbent LEC itself, but must provide information to the competitive LEC on the specific type of training required so the competitive LEC's employees can conduct their own training. ( 4 ) Restricting physical collocation to space separated from space housing the incumbent LEC's equipment, provided that each of the following conditions is met: ( i ) Either legitimate security concerns, or operational constraints unrelated to the incumbent's or any of its affiliates' or subsidiaries competitive concerns, warrant such separation; ( ii ) Any physical collocation space assigned to an affiliate or subsidiary of the incumbent LEC is separated from space housing the incumbent LEC's equipment; ( iii ) The separated space will be available in the same time frame as, or a shorter time frame than, non-separated space; ( iv ) The cost of the separated space to the requesting carrier will not be materially higher than the cost of non-separated space; and ( v ) The separated space is comparable, from a technical and engineering standpoint, to non-separated space. ( 5 ) Requiring the employees and contractors of collocating carriers to use a central or separate entrance to the incumbent's building, provided, however, that where an incumbent LEC requires that the employees or contractors of collocating carriers access collocated equipment only through a separate entrance, employees and contractors of the incumbent LEC's affiliates and subsidiaries must be subject to the same restriction. ( 6 ) Constructing or requiring the construction of a separate entrance to access physical collocation space, provided that each of the following conditions is met: ( i ) Construction of a separate entrance is technically feasible; ( ii ) Either legitimate security concerns, or operational constraints unrelated to the incumbent's or any of its affiliates' or subsidiaries competitive concerns, warrant such separation; ( iii ) Construction of a separate entrance will not artificially delay collocation provisioning; and ( iv ) Construction of a separate entrance will not materially increase the requesting carrier's costs. ( j ) An incumbent LEC shall permit a collocating telecommunications carrier to subcontract the construction of physical collocation arrangements with contractors approved by the incumbent LEC, provided, however, that the incumbent LEC shall not unreasonably withhold approval of contractors. Approval by an incumbent LEC shall be based on the same criteria it uses in approving contractors for its own purposes. ( k ) An incumbent LEC's physical collocation offering must include the following: ( 1 ) Shared collocation cages. A shared collocation cage is a caged collocation space shared by two or more competitive LECs pursuant to terms and conditions agreed to by the competitive LECs. In making shared cage arrangements available, an incumbent LEC may not increase the cost of site preparation or nonrecurring charges above the cost for provisioning such a cage of similar dimensions and material to a single collocating party. In addition, the incumbent must prorate the charge for site conditioning and preparation undertaken by the incumbent to construct the shared collocation cage or condition the space for collocation use, regardless of how many carriers actually collocate in that cage, by determining the total charge for site preparation and allocating that charge to a collocating carrier based on the percentage of the total space utilized by that carrier. An incumbent LEC must make shared collocation space available in single-bay increments or their equivalent, i.e., a competing carrier can purchase space in increments small enough to collocate a single rack, or bay, of equipment. ( 2 ) Cageless collocation. Incumbent LECs must allow competitors to collocate without requiring the construction of a cage or similar structure. Incumbent LECs must permit collocating carriers to have direct access to their equipment. An incumbent LEC may not require competitors to use an intermediate interconnection arrangement in lieu of direct connection to the incumbent's network if technically feasible. An incumbent LEC must make cageless collocation space available in single-bay increments, meaning that a competing carrier can purchase space in increments small enough to collocate a single rack, or bay, of equipment. ( 3 ) Adjacent space collocation. An incumbent LEC must make available, where physical collocation space is legitimately exhausted in a particular incumbent LEC structure, collocation in adjacent controlled environmental vaults, controlled environmental huts, or similar structures located at the incumbent LEC premises to the extent technically feasible. The incumbent LEC must permit a requesting telecommunications carrier to construct or otherwise procure such an adjacent structure, subject only to reasonable safety and maintenance requirements. The incumbent must provide power and physical collocation services and facilities, subject to the same nondiscrimination requirements as applicable to any other physical collocation arrangement. The incumbent LEC must permit the requesting carrier to place its own equipment, including, but not limited to, copper cables, coaxial cables, fiber cables, and telecommunications equipment, in adjacent facilities constructed by the incumbent LEC, the requesting carrier, or a third-party. If physical collocation space becomes available in a previously exhausted incumbent LEC structure, the incumbent LEC must not require a carrier to move, or prohibit a competitive LEC from moving, a collocation arrangement into that structure. Instead, the incumbent LEC must continue to allow the carrier to collocate in any adjacent controlled environmental vault, controlled environmental vault, or similar structure that the carrier has constructed or otherwise procured. ( l ) An incumbent LEC must offer to provide and provide all forms of physical collocation ( i.e., caged, cageless, shared, and adjacent) within the following deadlines, except to the extent a state sets its own deadlines or the incumbent LEC has demonstrated to the state commission that physical collocation is not practical for technical reasons or because of space limitations. ( 1 ) Within ten days after receiving an application for physical collocation, an incumbent LEC must inform the requesting carrier whether the application meets each of the incumbent LEC's established collocation standards. A requesting carrier that resubmits a revised application curing any deficiencies in an application for physical collocation within ten days after being informed of them retains its position within any collocation queue that the incumbent LEC maintains pursuant to paragraph (f)(1) of this section. ( 2 ) Except as stated in paragraphs (l)(3) and (l)(4) of this section, an incumbent LEC must complete provisioning of a requested physical collocation arrangement within 90 days after receiving an application that meets the incumbent LEC's established collocation application standards. ( 3 ) An incumbent LEC need not meet the deadline set forth in paragraph (l)(2) of this section if, after receipt of any price quotation provided by the incumbent LEC, the telecommunications carrier requesting collocation does not notify the incumbent LEC that physical collocation should proceed. ( 4 ) If, within seven days of the requesting carrier's receipt of any price quotation provided by the incumbent LEC, the telecommunications carrier requesting collocation does not notify the incumbent LEC that physical collocation should proceed, then the incumbent LEC need not complete provisioning of a requested physical collocation arrangement until 90 days after receiving such notification from the requesting telecommunications carrier. [ 61 FR 45619 , Aug. 28, 1996, as amended at 64 FR 23242 , Apr. 30, 1999; 65 FR 54439 , Sept. 8, 2000; 66 FR 43521 , Aug. 20, 2001] § 51.325 Notice of network changes: Public notice requirement. ( a ) An incumbent local exchange carrier (“LEC”) must provide public notice regarding any network change that: ( 1 ) Will affect a competing service provider's performance or ability to provide service; ( 2 ) Will affect the incumbent LEC's interoperability with other service providers; or ( 3 ) Will result in a copper retirement, which is defined for purposes of this subpart as: ( i ) The removal or disabling of copper loops, subloops, or the feeder portion of such loops or subloops; or ( ii ) The replacement of such loops with fiber-to-the-home loops or fiber-to-the-curb loops, as those terms are defined in § 51.319(a)(3) . ( b ) For purposes of this section, interoperability means the ability of two or more facilities, or networks, to be connected, to exchange information, and to use the information that has been exchanged. ( c ) For the purposes of §§ 51.325 through 51.335 , the term services means telecommunications services or information services. [ 61 FR 47351 , Sept. 6, 1996, as amended at 64 FR 14148 , Mar. 24, 1999; 68 FR 52305 , Sept. 2, 2003; 69 FR 77954 , Dec. 29, 2004; 80 FR 63371 , Oct. 19, 2015; 82 FR 61477 , Dec. 28, 2017; 83 FR 31675 , July 9, 2018] § 51.327 Notice of network changes: Content of notice. ( a ) Public notice of planned network changes must, at a minimum, include: ( 1 ) The carrier's name and address; ( 2 ) The name and telephone number of a contact person who can supply additional information regarding the planned changes; ( 3 ) The implementation date of the planned changes; ( 4 ) The location(s) at which the changes will occur; ( 5 ) A description of the type of changes planned (Information provided to satisfy this requirement must include, as applicable, but is not limited to, references to technical specifications, protocols, and standards regarding transmission, signaling, routing, and facility assignment as well as references to technical standards that would be applicable to any new technologies or equipment, or that may otherwise affect interconnection); and ( 6 ) A description of the reasonably foreseeable impact of the planned changes. ( b ) The incumbent LEC also shall follow, as necessary, procedures relating to confidential or proprietary information contained in § 51.335 . [ 61 FR 47351 , Sept. 6, 1996] § 51.329 Notice of network changes: Methods for providing notice. ( a ) In providing the required notice to the public of network changes, an incumbent LEC may use one of the following methods: ( 1 ) Filing a public notice with the Commission; or ( 2 ) Providing public notice through industry fora, industry publications, or the carrier's publicly accessible Internet site. If an incumbent LEC uses any of the methods specified in paragraph (a)(2) of this section, it also must file a certification with the Commission that includes: ( i ) A statement that identifies the proposed changes; ( ii ) A statement that public notice has been given in compliance with §§ 51.325 through 51.335 ; and ( iii ) A statement identifying the location of the change information and describing how this information can be obtained. ( b ) Until the planned change is implemented, an incumbent LEC must keep the notice available for public inspection, and amend the notice to keep the information complete, accurate and up-to-date. ( c ) Specific filing requirements. Commission filings under this section must be made as follows: ( 1 ) The public notice or certification must be labeled with one of the following titles, as appropriate: “Public Notice of Network Change Under Rule 51.329(a) ,” “Certification of Public Notice of Network Change Under Rule 51.329(a) ,” “Short Term Public Notice Under Rule 51.333(a),” “Certification of Short Term Public Notice Under Rule 51.333(a),” “Public Notice of Copper Retirement Under Rule 51.333,” or “Certification of Public Notice of Copper Retirement Under Rule 51.333.” ( 2 ) The incumbent LEC's public notice and any associated certifications shall be filed through the Commission's Electronic Comment Filing System (ECFS), using the “Submit a Non-Docketed Filing” module. All subsequent filings responsive to a notice may be filed using the Commission's ECFS under the docket number set forth in the Commission's public notice for the proceeding. If necessary, subsequent filings responsive to a notice also may be filed by sending one paper copy of the filing to “Secretary, Federal Communications Commission, Washington, DC 20554” and one paper copy of the filing to “Federal Communications Commission, Wireline Competition Bureau, Competition Policy Division, Washington, DC 20554.” For notices filed using the Commission's ECFS, the date on which the filing is received by that system will be considered the official filing date. For notices filed via paper copy, the date on which the filing is received by the Secretary or the FCC Mailroom is considered the official filing date. All subsequent filings responsive to a notice shall refer to the ECFS docket number assigned to the notice. [ 61 FR 47351 , Sept. 6, 1996, as amended at 67 FR 13225 , Mar. 21, 2002; 71 FR 65750 , Nov. 9, 2006; 80 FR 1588 , Jan. 13, 2015; 81 FR 62655 , Sept. 12, 2016; 82 FR 61477 , Dec. 28, 2017; 83 FR 2557 , Jan. 18, 2018] § 51.331 Notice of network changes: Timing of notice. ( a ) An incumbent LEC shall give public notice of planned changes at the make/buy point, as defined in paragraph (b) of this section, but at least 12 months before implementation, except as provided below: ( 1 ) If the changes can be implemented within twelve months of the make/buy point, public notice must be given at the make/buy point, but at least six months before implementation. ( 2 ) If the changes can be implemented within six months of the make/buy point, public notice may be given pursuant to the short term notice procedures provided in § 51.333 . ( b ) For purposes of this section, the make/buy point is the time at which an incumbent LEC decides to make for itself, or to procure from another entity, any product the design of which affects or relies on a new or changed network interface. If an incumbent LEC's planned changes do not require it to make or to procure a product, then the make/buy point is the point at which the incumbent LEC makes a definite decision to implement a network change. ( 1 ) For purposes of this section, a product is any hardware r software for use in an incumbent LEC's network or in conjunction with its facilities that, when installed, could affect the compatibility of an interconnected service provider's network, facilities or services with an incumbent LEC's existing telephone network, facilities or services, or with any of an incumbent carrier's services or capabilities. ( 2 ) For purposes of this section a definite decision is reached when an incumbent LEC determines that the change is warranted, establishes a timetable for anticipated implementation, and takes any action toward implementation of the change within its network. [ 61 FR 47352 , Sept. 6, 1996, as amended at 68 FR 52305 , Sept. 2, 2003; 69 FR 77954 , Dec. 29, 2004; 80 FR 63371 , Oct. 19, 2015] § 51.333 Notice of network changes: Short term notice, objections thereto and objections to copper retirement notices. ( a ) Certificate of service. If an incumbent LEC wishes to provide less than six months' notice of planned network changes, or provide notice of a planned copper retirement, the public notice or certification that it files with the Commission must include a certificate of service in addition to the information required by § 51.327(a) or § 51.329(a)(2) , as applicable. The certificate of service shall include: ( 1 ) A statement that, at least five business days in advance of its filing with the Commission, the incumbent LEC served a copy of its public notice upon each telephone exchange service provider that directly interconnects with the incumbent LEC's network, provided that, with respect to copper retirement notices, such service may be made by postings on the incumbent LEC's website if the directly interconnecting telephone exchange service provider has agreed to receive notice by website postings; and ( 2 ) The name and address of each such telephone exchange service provider upon which the notice was served. ( b ) Implementation date. The Commission will release a public notice of filings of such short term notices or copper retirement notices. The effective date of the network changes referenced in those filings shall be subject to the following requirements: ( 1 ) Short term notice. Short term notices shall be deemed final on the tenth business day after the release of the Commission's public notice, unless an objection is filed pursuant to paragraph (c) of this section. ( 2 ) Copper retirement notice. Notices of copper retirement, as defined in § 51.325(a)(3) , shall be deemed final on the 90th day after the release of the Commission's public notice of the filing, unless an objection is filed pursuant to paragraph (c) of this section, except that notices of copper retirement involving copper facilities not being used to provision services to any customers shall be deemed final on the 15th day after the release of the Commission's public notice of the filing. Incumbent LEC copper retirement notices shall be subject to the short-term notice provisions of this section, but under no circumstances may an incumbent LEC provide less than 90 days' notice of such a change except where the copper facilities are not being used to provision services to any customers. ( c ) Objection procedures for short term notice and copper retirement notices. An objection to an incumbent LEC's short term notice or to its copper retirement notice may be filed by an information service provider or telecommunications service provider that directly interconnects with the incumbent LEC's network. Such objections must be filed with the Commission, and served on the incumbent LEC, no later than the ninth business day following the release of the Commission's public notice. All objections filed under this section must: ( 1 ) State specific reasons why the objector cannot accommodate the incumbent LEC's changes by the date stated in the incumbent LEC's public notice and must indicate any specific technical information or other assistance required that would enable the objector to accommodate those changes; ( 2 ) List steps the objector is taking to accommodate the incumbent LEC's changes on an expedited basis; ( 3 ) State the earliest possible date (not to exceed six months from the date the incumbent LEC gave its original public notice under this section) by which the objector anticipates that it can accommodate the incumbent LEC's changes, assuming it receives the technical information or other assistance requested under paragraph (c)(1) of this section; ( 4 ) Provide any other information relevant to the objection; and ( 5 ) Provide the following affidavit, executed by the objector's president, chief executive officer, or other corporate officer or official, who has appropriate authority to bind the corporation, and knowledge of the details of the objector's inability to adjust its network on a timely basis: “I, (name and title), under oath and subject to penalty for perjury, certify that I have read this objection, that the statements contained in it are true, that there is good ground to support the objection, and that it is not interposed for purposes of delay. I have appropriate authority to make this certification on behalf of (objector) and I agree to provide any information the Commission may request to allow the Commission to evaluate the truthfulness and validity of the statements contained in this objection.” ( d ) Response to objections. If an objection is filed, an incumbent LEC shall have until no later than the fourteenth business day following the release of the Commission's public notice to file with the Commission a response to the objection and to serve the response on all parties that filed objections. An incumbent LEC's response must: ( 1 ) Provide information responsive to the allegations and concerns identified by the objectors; ( 2 ) State whether the implementation date(s) proposed by the objector(s) are acceptable; ( 3 ) Indicate any specific technical assistance that the incumbent LEC is willing to give to the objectors; and ( 4 ) Provide any other relevant information. ( e ) Resolution. If an objection is filed pursuant to paragraph (c) of this section, then the Chief, Wireline Competition Bureau, will issue an order determining a reasonable public notice period, provided however, that if an incumbent LEC does not file a response within the time period allotted, or if the incumbent LEC's response accepts the latest implementation date stated by an objector, then the incumbent LEC's public notice shall be deemed amended to specify the implementation date requested by the objector, without further Commission action. An incumbent LEC must amend its public notice to reflect any change in the applicable implementation date pursuant to § 51.329(b) . ( f ) Resolution of objections to copper retirement notices. An objection to a notice that an incumbent LEC intends to retire copper, as defined in § 51.325(a)(3) shall be deemed denied 90 days after the date on which the Commission releases public notice of the incumbent LEC filing, unless the Commission rules otherwise within that time. Until the Commission has either ruled on an objection or the 90-day period for the Commission's consideration has expired, an incumbent LEC may not retire those copper facilities at issue. ( g ) Limited exemption from advance notice and timing requirements — ( 1 ) Force majeure events. ( i ) Notwithstanding the requirements of this section, if in response to a force majeure event, an incumbent LEC invokes its disaster recovery plan, the incumbent LEC will be exempted during the period when the plan is invoked (up to a maximum 180 days) from all advanced notice and waiting period requirements under this section associated with network changes that result from or are necessitated as a direct result of the force majeure event. ( ii ) As soon as practicable, during the exemption period, the incumbent LEC must continue to comply with § 51.325(a) , include in its public notice the date on which the carrier invoked its disaster recovery plan, and must communicate with other directly interconnected telephone exchange service providers to ensure that such carriers are aware of any changes being made to their networks that may impact those carriers' operations. ( iii ) If an incumbent LEC requires relief from the notice requirements under this section longer than 180 days after it invokes the disaster recovery plan, the incumbent LEC must request such authority from the Commission. Any such request must be accompanied by a status report describing the incumbent LEC's progress and providing an estimate of when the incumbent LEC expects to be able to resume compliance with the notice requirements under this section. ( iv ) For purposes of this section, “force majeure” means a highly disruptive event beyond the control of the incumbent LEC, such as a natural disaster or a terrorist attack. ( v ) For purposes of this section, “disaster recovery plan” means a disaster response plan developed by the incumbent LEC for the purpose of responding to a force majeure event. ( 2 ) Other events outside an incumbent LEC's control. ( i ) Notwithstanding the requirements of this section, if in response to circumstances outside of its control other than a force majeure event addressed in paragraph (g)(1) of this section, an incumbent LEC cannot comply with the timing requirement set forth in paragraphs (b)(1) or (2) of this section, hereinafter referred to as the waiting period, the incumbent LEC must give notice of the network change as soon as practicable and will be entitled to a reduced waiting period commensurate with the circumstances at issue. ( ii ) A short term network change or copper retirement notice subject to paragraph (g)(2) of this section must include a brief explanation of the circumstances necessitating the reduced waiting period and how the incumbent LEC intends to minimize the impact of the reduced waiting period on directly interconnected telephone exchange service providers. ( iii ) For purposes of this section, circumstances outside of the incumbent LEC's control include federal, state, or local municipal mandates and unintentional damage to the incumbent LEC's network facilities not caused by the incumbent LEC. [ 61 FR 47352 , Sept. 6, 1996, as amended at 67 FR 13226 , Mar. 21, 2002; 68 FR 52305 , Sept. 2, 2003; 69 FR 77954 ; Dec. 29, 2004; 80 FR 63371 , Oct. 19, 2015; 82 FR 61477 , Dec. 28, 2017; 83 FR 31675 , July 9, 2018] § 51.335 Notice of network changes: Confidential or proprietary information. ( a ) If an incumbent LEC claims that information otherwise required to be disclosed is confidential or proprietary, the incumbent LEC's public notice must include, in addition to the information identified in § 51.327(a) , a statement that the incumbent LEC will make further information available to those signing a nondisclosure agreement. ( b ) Tolling the public notice period. Upon receipt by an incumbent LEC of a competing service provider's request for disclosure of confidential or proprietary information, the applicable public notice period will be tolled until the parties agree on the terms of a nondisclosure agreement. An incumbent LEC receiving such a request must amend its public notice as follows: ( 1 ) On the date it receives a request from a competing service provider for disclosure of confidential or proprietary information, to state that the notice period is tolled; and ( 2 ) On the date the nondisclosure agreement is finalized, to specify a new implementation date. [ 61 FR 47352 , Sept. 6, 1996] Subpart E—Exemptions, Suspensions, and Modifications of Requirements of Section 251 of the Act § 51.401 State authority. A state commission shall determine whether a telephone company is entitled, pursuant to section 251(f) of the Act, to exemption from, or suspension or modification of, the requirements of section 251 of the Act. Such determinations shall be made on a case-by-case basis. § 51.403 Carriers eligible for suspension or modification under section 251(f)(2) of the Act. A LEC is not eligible for a suspension or modification of the requirements of section 251(b) or section 251(c) of the Act pursuant to section 251(f)(2) of the Act if such LEC, at the holding company level, has two percent or more of the subscriber lines installed in the aggregate nationwide. § 51.405 Burden of proof. ( a ) Upon receipt of a bona fide request for interconnection, services, or access to unbundled network elements, a rural telephone company must prove to the state commission that the rural telephone company should be entitled, pursuant to section 251(f)(1) of the Act, to continued exemption from the requirements of section 251(c) of the Act. ( b ) A LEC with fewer than two percent of the nation's subscriber lines installed in the aggregate nationwide must prove to the state commission, pursuant to section 251(f)(2) of the Act, that it is entitled to a suspension or modification of the application of a requirement or requirements of section 251(b) or 251(c) of the Act. ( c ) In order to justify continued exemption under section 251(f)(1) of the Act once a bona fide request has been made, an incumbent LEC must offer evidence that the application of the requirements of section 251(c) of the Act would be likely to cause undue economic burden beyond the economic burden that is typically associated with efficient competitive entry. ( d ) In order to justify a suspension or modification under section 251(f)(2) of the Act, a LEC must offer evidence that the application of section 251(b) or section 251(c) of the Act would be likely to cause undue economic burden beyond the economic burden that is typically associated with efficient competitive entry. Subpart F—Pricing of Elements § 51.501 Scope. ( a ) The rules in this subpart apply to the pricing of network elements, interconnection, and methods of obtaining access to unbundled elements, including physical collocation and virtual collocation. ( b ) As used in this subpart, the term “element” includes network elements, interconnection, and methods of obtaining interconnection and access to unbundled elements. § 51.503 General pricing standard. ( a ) An incumbent LEC shall offer elements to requesting telecommunications carriers at rates, terms, and conditions that are just, reasonable, and nondiscriminatory. ( b ) An incumbent LEC's rates for each element it offers shall comply with the rate structure rules set forth in §§ 51.507 and 51.509 , and shall be established, at the election of the state commission— ( 1 ) Pursuant to the forward-looking economic cost-based pricing methodology set forth in §§ 51.505 and 51.511 ; or ( 2 ) Consistent with the proxy ceilings and ranges set forth in § 51.513 . ( c ) The rates that an incumbent LEC assesses for elements shall not vary on the basis of the class of customers served by the requesting carrier, or on the type of services that the requesting carrier purchasing such elements uses them to provide. § 51.505 Forward-looking economic cost. ( a ) In general. The forward-looking economic cost of an element equals the sum of: ( 1 ) The total element long-run incremental cost of the element, as described in paragraph (b); and ( 2 ) A reasonable allocation of forward-looking common costs, as described in paragraph (c). ( b ) Total element long-run incremental cost. The total element long-run incremental cost of an element is the forward-looking cost over the long run of the total quantity of the facilities and functions that are directly attributable to, or reasonably identifiable as incremental to, such element, calculated taking as a given the incumbent LEC's provision of other elements. ( 1 ) Efficient network configuration. The total element long-run incremental cost of an element should be measured based on the use of the most efficient telecommunications technology currently available and the lowest cost network configuration, given the existing location of the incumbent LEC's wire centers. ( 2 ) Forward-looking cost of capital. The forward-looking cost of capital shall be used in calculating the total element long-run incremental cost of an element. ( 3 ) Depreciation rates. The depreciation rates used in calculating forward-looking economic costs of elements shall be economic depreciation rates. ( c ) Reasonable allocation of forward-looking common costs — ( 1 ) Forward-looking common costs. Forward-looking common costs are economic costs efficiently incurred in providing a group of elements or services (which may include all elements or services provided by the incumbent LEC) that cannot be attributed directly to individual elements or services. ( 2 ) Reasonable allocation. ( i ) The sum of a reasonable allocation of forward-looking common costs and the total element long-run incremental cost of an element shall not exceed the stand-alone costs associated with the element. In this context, stand-alone costs are the total forward-looking costs, including corporate costs, that would be incurred to produce a given element if that element were provided by an efficient firm that produced nothing but the given element. ( ii ) The sum of the allocation of forward-looking common costs for all elements and services shall equal the total forward-looking common costs, exclusive of retail costs, attributable to operating the incumbent LEC's total network, so as to provide all the elements and services offered. ( d ) Factors that may not be considered. The following factors shall not be considered in a calculation of the forward-looking economic cost of an element: ( 1 ) Embedded costs. Embedded costs are the costs that the incumbent LEC incurred in the past and that are recorded in the incumbent LEC's books of accounts; ( 2 ) Retail costs. Retail costs include the costs of marketing, billing, collection, and other costs associated with offering retail telecommunications services to subscribers who are not telecommunications carriers, described in § 51.609 ; ( 3 ) Opportunity costs. Opportunity costs include the revenues that the incumbent LEC would have received for the sale of telecommunications services, in the absence of competition from telecommunications carriers that purchase elements; and ( 4 ) Revenues to subsidize other services. Revenues to subsidize other services include revenues associated with elements or telecommunications service offerings other than the element for which a rate is being established. ( e ) Cost study requirements. An incumbent LEC must prove to the state commission that the rates for each element it offers do not exceed the forward-looking economic cost per unit of providing the element, using a cost study that complies with the methodology set forth in this section and § 51.511 . ( 1 ) A state commission may set a rate outside the proxy ranges or above the proxy ceilings described in § 51.513 only if that commission has given full and fair effect to the economic cost based pricing methodology described in this section and § 51.511 in a state proceeding that meets the requirements of paragraph (e)(2) of this section. ( 2 ) Any state proceeding conducted pursuant to this section shall provide notice and an opportunity for comment to affected parties and shall result in the creation of a written factual record that is sufficient for purposes of review. The record of any state proceeding in which a state commission considers a cost study for purposes of establishing rates under this section shall include any such cost study. § 51.507 General rate structure standard. ( a ) Element rates shall be structured consistently with the manner in which the costs of providing the elements are incurred. ( b ) The costs of dedicated facilities shall be recovered through flat-rated charges. ( c ) The costs of shared facilities shall be recovered in a manner that efficiently apportions costs among users. Costs of shared facilities may be apportioned either through usage-sensitive charges or capacity-based flat-rated charges, if the state commission finds that such rates reasonably reflect the costs imposed by the various users. ( d ) Recurring costs shall be recovered through recurring charges, unless an incumbent LEC proves to a state commission that such recurring costs are de minimis. Recurring costs shall be considered de minimis when the costs of administering the recurring charge would be excessive in relation to the amount of the recurring costs. ( e ) State commissions may, where reasonable, require incumbent LECs to recover nonrecurring costs through recurring charges over a reasonable period of time. Nonrecurring charges shall be allocated efficiently among requesting telecommunications carriers, and shall not permit an incumbent LEC to recover more than the total forward-looking economic cost of providing the applicable element. ( f ) State commissions shall establish different rates for elements in at least three defined geographic areas within the state to reflect geographic cost differences. ( 1 ) To establish geographically-deaveraged rates, state commissions may use existing density-related zone pricing plans described in § 69.123 of this chapter , or other such cost-related zone plans established pursuant to state law. ( 2 ) In states not using such existing plans, state commissions must create a minimum of three cost-related rate zones. [ 61 FR 45619 , Aug. 29, 1996, as amended at 64 FR 32207 , June 16, 1999; 64 FR 68637 , Dec. 8, 1999] § 51.509 Rate structure standards for specific elements. In addition to the general rules set forth in § 51.507 , rates for specific elements shall comply with the following rate structure rules. ( a ) Local loop and subloop. Loop and subloop costs shall be recovered through flat-rated charges. ( b ) Local switching. Local switching costs shall be recovered through a combination of a flat-rated charge for line ports and one or more flat-rated or per-minute usage charges for the switching matrix and for trunk ports. ( c ) Dedicated transmission links. Dedicated transmission link costs shall be recovered through flat-rated charges. ( d ) Shared transmission facilities between tandem switches and end offices. The costs of shared transmission facilities between tandem switches and end offices may be recovered through usage-sensitive charges, or in another manner consistent with the manner that the incumbent LEC incurs those costs. ( e ) Tandem switching. Tandem switching costs may be recovered through usage-sensitive charges, or in another manner consistent with the manner that the incumbent LEC incurs those costs. ( f ) Signaling and call-related database services. Signaling and call-related database service costs shall be usage-sensitive, based on either the number of queries or the number of messages, with the exception of the dedicated circuits known as signaling links, the cost of which shall be recovered through flat-rated charges. ( g ) Collocation. Collocation costs shall be recovered consistent with the rate structure policies established in the Expanded Interconnection proceeding, CC Docket No. 91-141. ( h ) Network interface device. An incumbent LEC must establish a price for the network interface device when that unbundled network element is purchased on a stand-alone basis pursuant to § 51.319(c) . [ 61 FR 45619 , Aug. 29, 1996, as amended at 68 FR 52306 , Sept. 2, 2003] § 51.511 Forward-looking economic cost per unit. ( a ) The forward-looking economic cost per unit of an element equals the forward-looking economic cost of the element, as defined in § 51.505 , divided by a reasonable projection of the sum of the total number of units of the element that the incumbent LEC is likely to provide to requesting telecommunications carriers and the total number of units of the element that the incumbent LEC is likely to use in offering its own services, during a reasonable measuring period. ( b ) ( 1 ) With respect to elements that an incumbent LEC offers on a flat-rate basis, the number of units is defined as the discrete number of elements (e.g., local loops or local switch ports) that the incumbent LEC uses or provides. ( 2 ) With respect to elements that an incumbent LEC offers on a usage-sensitive basis, the number of units is defined as the unit of measurement of the usage (e.g., minutes of use or call-related database queries) of the element. § 51.513 Proxies for forward-looking economic cost. ( a ) A state commission may determine that the cost information available to it with respect to one or more elements does not support the adoption of a rate or rates that are consistent with the requirements set forth in §§ 51.505 and 51.511 . In that event, the state commission may establish a rate for an element that is consistent with the proxies specified in this section, provided that: ( 1 ) Any rate established through use of such proxies shall be superseded once the state commission has completed review of a cost study that complies with the forward-looking economic cost based pricing methodology described in §§ 51.505 and 51.511 , and has concluded that such study is a reasonable basis for establishing element rates; and ( 2 ) The state commission sets forth in writing a reasonable basis for its selection of a particular rate for the element. ( b ) The constraints on proxy-based rates described in this section apply on a geographically averaged basis. For purposes of determining whether geographically deaveraged rates for elements comply with the provisions of this section, a geographically averaged proxy-based rate shall be computed based on the weighted average of the actual, geographically deaveraged rates that apply in separate geographic areas in a state. ( c ) Proxies for specific elements — ( 1 ) Local loops. For each state listed below, the proxy-based monthly rate for unbundled local loops, on a statewide weighted average basis, shall be no greater than the figures listed in the table below. (The Commission has not established a default proxy ceiling for loop rates in Alaska.) Table State Proxy ceiling Alabama $17.25 Arizona 12.85 Arkansas 21.18 California 11.10 Colorado 14.97 Connecticut 13.23 Delaware 13.24 District of Columbia 10.81 Florida 13.68 Georgia 16.09 Hawaii 15.27 Idaho 20.16 Illinois 13.12 Indiana 13.29 Iowa 15.94 Kansas 19.85 Kentucky 16.70 Louisiana 16.98 Maine 18.69 Maryland 13.36 Massachusetts 9.83 Michigan 15.27 Minnesota 14.81 Mississippi 21.97 Missouri 18.32 Montana 25.18 Nebraska 18.05 Nevada 18.95 New Hampshire 16.00 New Jersey 12.47 New Mexico 18.66 New York 11.75 North Carolina 16.71 North Dakota 25.36 Ohio 15.73 Oklahoma 17.63 Oregon 15.44 Pennsylvania 12.30 Puerto Rico 12.47 Rhode Island 11.48 South Carolina 17.07 South Dakota 25.33 Tennessee 17.41 Texas 15.49 Utah 15.12 Vermont 20.13 Virginia 14.13 Washington 13.37 West Virginia 19.25 Wisconsin 15.94 Wyoming 25.11 ( 2 ) Local switching. ( i ) The blended proxy-based rate for the usage-sensitive component of the unbundled local switching element, including the switching matrix, the functionalities used to provide vertical features, and the trunk ports, shall be no greater than 0.4 cents ($0.004) per minute, and no less than 0.2 cents ($0.002) per minute, except that, where a state commission has, before August 8, 1996, established a rate less than or equal to 0.5 cents ($0.005) per minute, that rate may be retained pending completion of a forward-looking economic cost study. If a flat-rated charge is established for these components, it shall be converted to a per-minute rate by dividing the projected average minutes of use per flat-rated subelement, for purposes of assessing compliance with this proxy. A weighted average of such flat-rate or usage-sensitive charges shall be used in appropriate circumstances, such as when peak and off-peak charges are used. ( ii ) The blended proxy-based rate for the line port component of the local switching element shall be no less than $1.10, and no more than $2.00, per line port per month for ports used in the delivery of basic residential and business exchange services. ( 3 ) Dedicated transmission links. The proxy-based rates for dedicated transmission links shall be no greater than the incumbent LEC's tariffed interstate charges for comparable entrance facilities or direct-trunked transport offerings, as described in §§ 69.110 and 69.112 of this chapter . ( 4 ) Shared transmission facilities between tandem switches and end offices. The proxy-based rates for shared transmission facilities between tandem switches and end offices shall be no greater than the weighted per-minute equivalent of DS1 and DS3 interoffice dedicated transmission link rates that reflects the relative number of DS1 and DS3 circuits used in the tandem to end office links (or a surrogate based on the proportion of copper and fiber facilities in the interoffice network), calculated using a loading factor of 9,000 minutes per month per voice-grade circuit, as described in § 69.112 of this chapter . ( 5 ) Tandem switching. The proxy-based rate for tandem switching shall be no greater than 0.15 cents ($0.0015) per minute of use. ( 6 ) Collocation. To the extent that the incumbent LEC offers a comparable form of collocation in its interstate expanded interconnection tariffs, as described in §§ 64.1401 and 69.121 of this chapter , the proxy-based rates for collocation shall be no greater than the effective rates for equivalent services in the interstate expanded interconnection tariff. To the extent that the incumbent LEC does not offer a comparable form of collocation in its interstate expanded interconnection tariffs, a state commission may, in its discretion, establish a proxy-based rate, provided that the state commission sets forth in writing a reasonable basis for concluding that its rate would approximate the result of a forward-looking economic cost study, as described in § 51.505 . ( 7 ) Signaling, call-related database, and other elements. To the extent that the incumbent LEC has established rates for offerings comparable to other elements in its interstate access tariffs, and has provided cost support for those rates pursuant to § 61.49(h) of this chapter , the proxy-based rates for those elements shall be no greater than the effective rates for equivalent services in the interstate access tariffs. In other cases, the proxy-based rate shall be no greater than a rate based on direct costs plus a reasonable allocation of overhead loadings, pursuant to § 61.49(h) of this chapter . [ 61 FR 45619 , Aug. 29, 1996, as amended at 61 FR 52709 , Oct. 8, 1996] § 51.515 Application of access charges. ( a ) - ( b ) [Reserved] ( c ) Notwithstanding §§ 51.505 , 51.511 , and 51.513(d)(2) and paragraph (a) of this section, an incumbent LEC may assess upon telecommunications carriers that purchase unbundled local switching elements, as described in § 51.319(c)(1) , for intrastate toll minutes of use traversing such unbundled local switching elements, intrastate access charges comparable to those listed in paragraph (b) and any explicit intrastate universal service mechanism based on access charges, only until the earliest of the following, and not thereafter: ( 1 ) June 30, 1997; ( 2 ) The effective date of a state commission decision that an incumbent LEC may not assess such charges; or ( 3 ) With respect to a Bell operating company only, the date on which that company is authorized to offer in-region interLATA service in the state pursuant to section 271 of the Act. The end date for Bell operating companies that are authorized to offer interLATA service shall apply only to the recovery of access charges in those states in which the Bell operating company is authorized to offer such service. ( d ) Interstate access charges described in part 69 shall not be assessed by incumbent LECs on each element purchased by requesting carriers providing both telephone exchange and exchange access services to such requesting carriers' end users. [ 61 FR 45619 , Aug. 29, 1996, as amended at 62 FR 45587 , Aug. 28, 1997; 71 FR 65750 , Nov. 9, 2006] Subpart G—Resale § 51.601 Scope of resale rules. The provisions of this subpart govern the terms and conditions under which LECs offer telecommunications services to requesting telecommunications carriers for resale. § 51.603 Resale obligation of all local exchange carriers. ( a ) A LEC shall make its telecommunications services available for resale to requesting telecommunications carriers on terms and conditions that are reasonable and non-discriminatory. ( b ) A LEC must provide services to requesting telecommunications carriers for resale that are equal in quality, subject to the same conditions, and provided within the same provisioning time intervals that the LEC provides these services to others, including end users. § 51.605 Additional obligations of incumbent local exchange carriers. ( a ) An incumbent LEC shall offer to any requesting telecommunications carrier any telecommunications service that the incumbent LEC offers on a retail basis to subscribers that are not telecommunications carriers for resale at wholesale rates that are, at the election of the state commission— ( 1 ) Consistent with the avoided cost methodology described in §§ 51.607 and 51.609 ; or ( 2 ) Interim wholesale rates, pursuant to § 51.611 . ( b ) For purposes of this subpart, exchange access services, as defined in section 3 of the Act, shall not be considered to be telecommunications services that incumbent LECs must make available for resale at wholesale rates to requesting telecommunications carriers. ( c ) For purposes of this subpart, advanced telecommunications services sold to Internet Service Providers as an input component to the Internet Service Providers' retail Internet service offering shall not be considered to be telecommunications services offered on a retail basis that incumbent LECs must make available for resale at wholesale rates to requesting telecommunications carriers. ( d ) Notwithstanding paragraph (b) of this section, advanced telecommunications services that are classified as exchange access services are subject to the obligations of paragraph (a) of this section if such services are sold on a retail basis to residential and business end-users that are not telecommunications carriers. ( e ) Except as provided in § 51.613 , an incumbent LEC shall not impose restrictions on the resale by a requesting carrier of telecommunications services offered by the incumbent LEC. [ 61 FR 45619 , Aug. 29, 1996, as amended at 65 FR 6915 , Feb. 11, 2000] § 51.607 Wholesale pricing standard. The wholesale rate that an incumbent LEC may charge for a telecommunications service provided for resale to other telecommunications carriers shall equal the rate for the telecommunications service, less avoided retail costs, as described in section 51.609 . For purposes of this subpart, exchange access services, as defined in section 3 of the Act, shall not be considered to be telecommunications services that incumbent LECs must make available for resale at wholesale rates to requesting telecommunications carriers. [ 65 FR 6915 , Feb. 11, 2000] § 51.609 Determination of avoided retail costs. ( a ) Except as provided in § 51.611 , the amount of avoided retail costs shall be determined on the basis of a cost study that complies with the requirements of this section. ( b ) Avoided retail costs shall be those costs that reasonably can be avoided when an incumbent LEC provides a telecommunications service for resale at wholesale rates to a requesting carrier. ( c ) For incumbent LECs that are designated as Class A companies under § 32.11 of this chapter , except as provided in paragraph (d) of this section, avoided retail costs shall: ( 1 ) Include as direct costs, the costs recorded in USOA accounts 6611 (product management and sales), 6613 (product advertising), 6621 (call completion services), 6622, (number services), and 6623 (customer services) ( §§ 32.6611 , 32.6613 , 32.6621 , 32.6622 , and 32.6623 of this chapter ); ( 2 ) Include, as indirect costs, a portion of the costs recorded in USOA accounts 6121-6124 (general support expenses), 6720 (corporate operations expenses), and uncollectible telecommunications revenue included in 5300 (uncollectible revenue) (Secs. 32.6121 through 32.6124, 32.6720 and 32.5300 of this chapter); and ( 3 ) Not include plant-specific expenses and plant non-specific expenses, other than general support expenses ( §§ 32.6112-6114 , 32.6211-6565 of this chapter ). ( d ) Costs included in accounts 6611, 6613 and 6621-6623 described in paragraph (c) of this section ( §§ 32.6611 , 32.6613 , and 32.6621-6623 of this chapter ) may be included in wholesale rates only to the extent that the incumbent LEC proves to a state commission that specific costs in these accounts will be incurred and are not avoidable with respect to services sold at wholesale, or that specific costs in these accounts are not included in the retail prices of resold services. Costs included in accounts 6112-6114 and 6211-6565 described in paragraph (c) of this section ( §§ 32.6112-32.6114 , 32.6211-32.6565 of this chapter ) may be treated as avoided retail costs, and excluded from wholesale rates, only to the extent that a party proves to a state commission that specific costs in these accounts can reasonably be avoided when an incumbent LEC provides a telecommunications service for resale to a requesting carrier. ( e ) For incumbent LECs that are designated as Class B companies under § 32.11 of this chapter and that record information in summary accounts instead of specific USOA accounts, the entire relevant summary accounts may be used in lieu of the specific USOA accounts listed in paragraphs (c) and (d) of this section. [ 61 FR 45619 , Aug. 29, 1996, as amended at 67 FR 5700 , Feb. 6, 2002; 69 FR 53652 , Sept. 2, 2004] § 51.611 Interim wholesale rates. ( a ) If a state commission cannot, based on the information available to it, establish a wholesale rate using the methodology prescribed in § 51.609 , then the state commission may elect to establish an interim wholesale rate as described in paragraph (b) of this section. ( b ) The state commission may establish interim wholesale rates that are at least 17 percent, and no more than 25 percent, below the incumbent LEC's existing retail rates, and shall articulate the basis for selecting a particular discount rate. The same discount percentage rate shall be used to establish interim wholesale rates for each telecommunications service. ( c ) A state commission that establishes interim wholesale rates shall, within a reasonable period of time thereafter, establish wholesale rates on the basis of an avoided retail cost study that complies with § 51.609 . § 51.613 Restrictions on resale. ( a ) Notwithstanding § 51.605(b) , the following types of restrictions on resale may be imposed: ( 1 ) Cross-class selling. A state commission may permit an incumbent LEC to prohibit a requesting telecommunications carrier that purchases at wholesale rates for resale, telecommunications services that the incumbent LEC makes available only to residential customers or to a limited class of residential customers, from offering such services to classes of customers that are not eligible to subscribe to such services from the incumbent LEC. ( 2 ) Short term promotions. An incumbent LEC shall apply the wholesale discount to the ordinary rate for a retail service rather than a special promotional rate only if: ( i ) Such promotions involve rates that will be in effect for no more than 90 days; and ( ii ) The incumbent LEC does not use such promotional offerings to evade the wholesale rate obligation, for example by making available a sequential series of 90-day promotional rates. ( b ) With respect to any restrictions on resale not permitted under paragraph (a), an incumbent LEC may impose a restriction only if it proves to the state commission that the restriction is reasonable and nondiscriminatory. ( c ) Branding. Where operator, call completion, or directory assistance service is part of the service or service package an incumbent LEC offers for resale, failure by an incumbent LEC to comply with reseller unbranding or rebranding requests shall constitute a restriction on resale. ( 1 ) An incumbent LEC may impose such a restriction only if it proves to the state commission that the restriction is reasonable and nondiscriminatory, such as by proving to a state commission that the incumbent LEC lacks the capability to comply with unbranding or rebranding requests. ( 2 ) For purposes of this subpart, unbranding or rebranding shall mean that operator, call completion, or directory assistance services are offered in such a manner that an incumbent LEC's brand name or other identifying information is not identified to subscribers, or that such services are offered in such a manner that identifies to subscribers the requesting carrier's brand name or other identifying information. § 51.615 Withdrawal of services. When an incumbent LEC makes a telecommunications service available only to a limited group of customers that have purchased such a service in the past, the incumbent LEC must also make such a service available at wholesale rates to requesting carriers to offer on a resale basis to the same limited group of customers that have purchased such a service in the past. § 51.617 Assessment of end user common line charge on resellers. ( a ) Notwithstanding the provision in § 69.104(a) of this chapter that the end user common line charge be assessed upon end users, an incumbent LEC shall assess this charge, and the charge for changing the designated primary interexchange carrier, upon requesting carriers that purchase telephone exchange service for resale. The specific end user common line charge to be assessed will depend upon the identity of the end user served by the requesting carrier. ( b ) When an incumbent LEC provides telephone exchange service to a requesting carrier at wholesale rates for resale, the incumbent LEC shall continue to assess the interstate access charges provided in part 69 of this chapter , other than the end user common line charge, upon interexchange carriers that use the incumbent LEC's facilities to provide interstate or international telecommunications services to the interexchange carriers' subscribers. Subpart H—Reciprocal Compensation for Transport and Termination of Telecommunications Traffic Editorial Note Editorial Note: Nomenclature changes to subpart H of part 51 appear at 66 FR 26806 , May 15, 2001. § 51.700 Purpose of this subpart. The purpose of this subpart, as revised in 2011 by FCC 11-161 is to establish rules governing the transition of intercarrier compensation from a calling-party's-network pays system to a default bill-and-keep methodology. Following the transition, the exchange of telecommunications traffic between and among service providers will, by default, be governed by bill-and-keep arrangements. Note to § 51.700 : See FCC 11-161, figure 9 (chart identifying steps in the transition). [ 76 FR 73854 , Nov. 29, 2011] § 51.701 Scope of transport and termination pricing rules. ( a ) Effective December 29, 2011, compensation for telecommunications traffic exchanged between two telecommunications carriers that is interstate or intrastate exchange access, information access, or exchange services for such access, other than special access, is specified in subpart J of this part . The provisions of this subpart apply to Non-Access Reciprocal Compensation for transport and termination of Non-Access Telecommunications Traffic between LECs and other telecommunications carriers. ( b ) Non-Access Telecommunications Traffic. For purposes of this subpart, Non-Access Telecommunications Traffic means: ( 1 ) Telecommunications traffic exchanged between a LEC and a telecommunications carrier other than a CMRS provider, except for telecommunications traffic that is interstate or intrastate exchange access, information access, or exchange services for such access ( see FCC 01-131, paragraphs 34, 36, 39, 42-43); or ( 2 ) Telecommunications traffic exchanged between a LEC and a CMRS provider that, at the beginning of the call, originates and terminates within the same Major Trading Area, as defined in § 24.202(a) of this chapter . ( 3 ) This definition includes telecommunications traffic exchanged between a LEC and another telecommunications carrier in Time Division Multiplexing (TDM) format that originates and/or terminates in IP format and that otherwise meets the definitions in paragraphs (b)(1) or (b)(2) of this section. Telecommunications traffic originates and/or terminates in IP format if it originates from and/or terminates to an end-user customer of a service that requires Internet protocol-compatible customer premises equipment. ( c ) Transport. For purposes of this subpart, transport is the transmission and any necessary tandem switching of Non-Access Telecommunications Traffic subject to section 251(b)(5) of the Communications Act of 1934, as amended, 47 U.S.C. 251(b)(5) , from the interconnection point between the two carriers to the terminating carrier's end office switch that directly serves the called party, or equivalent facility provided by a carrier other than an incumbent LEC. ( d ) Termination. For purposes of this subpart, termination is the switching of Non-Access Telecommunications Traffic at the terminating carrier's end office switch, or equivalent facility, and delivery of such traffic to the called party's premises. ( e ) Non-Access Reciprocal Compensation. For purposes of this subpart, a Non-Access Reciprocal Compensation arrangement between two carriers is either a bill-and-keep arrangement, per § 51.713 , or an arrangement in which each carrier receives intercarrier compensation for the transport and termination of Non-Access Telecommunications Traffic. [ 61 FR 45619 , Aug. 29, 1996, as amended at 66 FR 26806 , May 15, 2001; 76 FR 73855 , Nov. 29, 2011] § 51.703 Non-Access reciprocal compensation obligation of LECs. ( a ) Each LEC shall establish Non-Access Reciprocal Compensation arrangements for transport and termination of Non-Access Telecommunications Traffic with any requesting telecommunications carrier. ( b ) A LEC may not assess charges on any other telecommunications carrier for Non-Access Telecommunications Traffic that originates on the LEC's network. ( c ) Notwithstanding any other provision of the Commission's rules, a LEC shall be entitled to assess and collect the full charges for the transport and termination of Non-Access Telecommunications Traffic, regardless of whether the local exchange carrier assessing the applicable charges itself delivers such traffic to the called party's premises or delivers the call to the called party's premises via contractual or other arrangements with an affiliated or unaffiliated provider of interconnected VoIP service, as defined in 47 U.S.C. 153(25) , or a non-interconnected VoIP service, as defined in 47 U.S.C. 153(36) , that does not itself seek to collect Non-Access Reciprocal Compensation charges for the transport and termination of that Non-Access Telecommunications Traffic. In no event may the total charges that a LEC may assess for such service to the called location exceed the applicable transport and termination rate. For purposes of this section, the facilities used by the LEC and affiliated or unaffiliated provider of interconnected VoIP service or a non-interconnected VoIP service for the transport and termination of such traffic shall be deemed an equivalent facility under § 51.701 . [ 76 FR 73855 , Nov. 29, 2011] § 51.705 LECs' rates for transport and termination. ( a ) Notwithstanding any other provision of the Commission's rules, by default, transport and termination for Non-Access Telecommunications Traffic exchanged between a local exchange carrier and a CMRS provider within the scope of § 51.701(b)(2) shall be pursuant to a bill-and-keep arrangement, as provided in § 51.713 . ( b ) Establishment of incumbent LECs' rates for transport and termination: ( 1 ) This provision applies when, in the absence of a negotiated agreement between parties, state commissions establish Non-Access Reciprocal Compensation rates for the exchange of Non-Access Telecommunications Traffic between a local exchange carrier and a telecommunications carrier other than a CMRS provider where the incumbent local exchange carriers did not have any such rates as of December 29, 2011. Any rates established pursuant to this provision apply between December 29, 2011 and the date at which they are superseded by the transition specified in paragraphs (c)(2) through (c)(5) of this section. ( 2 ) An incumbent LEC's rates for transport and termination of telecommunications traffic shall be established, at the election of the state commission, on the basis of: ( i ) The forward-looking economic costs of such offerings, using a cost study pursuant to §§ 51.505 and 51.511 ; or ( ii ) A bill-and-keep arrangement, as provided in § 51.713 . ( 3 ) In cases where both carriers in a Non-Access Reciprocal Compensation arrangement are incumbent LECs, state commissions shall establish the rates of the smaller carrier on the basis of the larger carrier's forward-looking costs, pursuant to § 51.711 . ( c ) Except as provided by paragraph (a) of this section, and notwithstanding any other provision of the Commission's rules, default transitional Non-Access Reciprocal Compensation rates shall be determined as follows: ( 1 ) Effective December 29, 2011, no telecommunications carrier may increase a Non-Access Reciprocal Compensation for transport or termination above the level in effect on December 29, 2011. All Bill-and-Keep Arrangements in effect on December 29, 2011 shall remain in place unless both parties mutually agree to an alternative arrangement. ( 2 ) Beginning July 1, 2012, if any telecommunications carrier's Non-Access Reciprocal Compensation rates in effect on December 29, 2011 or established pursuant to paragraph (b) of this section subsequent to December 29, 2011, exceed that carrier's interstate access rates for functionally equivalent services in effect in the same state on December 29, 2011, that carrier shall reduce its reciprocal compensation rate by one half of the difference between the Non-Access Reciprocal Compensation rate and the corresponding functionally equivalent interstate access rate. ( 3 ) Beginning July 1, 2013, no telecommunications carrier's Non-Access Reciprocal Compensation rates shall exceed that carrier's tariffed interstate access rate in effect in the same state on January 1 of that same year, for equivalent functionality. ( 4 ) After July 1, 2018, all Price-Cap Local Exchange Carrier's Non-Access Reciprocal Compensation rates and all non-incumbent LECs that benchmark access rates to Price Cap Carrier shall be set pursuant to Bill-and-Keep arrangements for Non-Access Reciprocal Compensation as defined in this subpart. ( 5 ) After July 1, 2020, all Rate-of-Return Local Exchange Carrier's Non-Access Reciprocal Compensation rates and all non-incumbent LECs that benchmark access rates to Rate-of-Return Carriers shall be set pursuant to Bill-and-Keep arrangements for Non-Access Reciprocal Compensation as defined in this subpart. [ 76 FR 73855 , Nov. 29, 2011] § 51.707 [Reserved] § 51.709 Rate structure for transport and termination. ( a ) In state proceedings, where a rate for Non-Access Reciprocal Compensation does not exist as of December 29, 2011, a state commission shall establish initial rates for the transport and termination of Non-Access Telecommunications Traffic that are structured consistently with the manner that carriers incur those costs, and consistently with the principles in this section. ( b ) The rate of a carrier providing transmission facilities dedicated to the transmission of non-access traffic between two carriers' networks shall recover only the costs of the proportion of that trunk capacity used by an interconnecting carrier to send non-access traffic that will terminate on the providing carrier's network. Such proportions may be measured during peak periods. ( c ) For Non-Access Telecommunications Traffic exchanged between a rate-of-return regulated rural telephone company as defined in § 51.5 and a CMRS provider, the rural rate-of-return incumbent local exchange carrier will be responsible for transport to the CMRS provider's interconnection point when it is located within the rural rate-of-return incumbent local exchange carrier's service area. When the CMRS provider's interconnection point is located outside the rural rate-of-return incumbent local exchange carrier's service area, the rural rate-of-return incumbent local exchange carrier's transport and provisioning obligation stops at its meet point and the CMRS provider is responsible for the remaining transport to its interconnection point. This paragraph (c) is a default provision and applicable in the absence of an existing agreement or arrangement otherwise. [ 76 FR 73856 , Nov. 29, 2011] § 51.711 Symmetrical reciprocal compensation. ( a ) Rates for transport and termination of Non-Access Telecommunications Traffic shall be symmetrical, unless carriers mutually agree otherwise, except as provided in paragraphs (b) and (c) of this section. ( 1 ) For purposes of this subpart, symmetrical rates are rates that a carrier other than an incumbent LEC assesses upon an incumbent LEC for transport and termination of Non-Access Telecommunications Traffic equal to those that the incumbent LEC assesses upon the other carrier for the same services. ( 2 ) In cases where both parties are incumbent LECs, or neither party is an incumbent LEC, a state commission shall establish the symmetrical rates for transport and termination based on the larger carrier's forward-looking costs. ( 3 ) Where the switch of a carrier other than an incumbent LEC serves a geographic area comparable to the area served by the incumbent LEC's tandem switch, the appropriate rate for the carrier other than an incumbent LEC is the incumbent LEC's tandem interconnection rate. ( b ) Except as provided in § 51.705 , a state commission may establish asymmetrical rates for transport and termination of Non-Access Telecommunications Traffic only if the carrier other than the incumbent LEC (or the smaller of two incumbent LECs) proves to the state commission on the basis of a cost study using the forward-looking economic cost based pricing methodology described in §§ 51.505 and 51.511 , that the forward-looking costs for a network efficiently configured and operated by the carrier other than the incumbent LEC (or the smaller of two incumbent LECs), exceed the costs incurred by the incumbent LEC (or the larger incumbent LEC), and, consequently, that such that a higher rate is justified. ( c ) Pending further proceedings before the Commission, a state commission shall establish the rates that licensees in the Paging and Radiotelephone Service (defined in part 22, subpart E of this chapter ), Narrowband Personal Communications Services (defined in part 24, subpart D of this chapter ), and Paging Operations in the Private Land Mobile Radio Services (defined in part 90, subpart P of this chapter ) may assess upon other carriers for the transport and termination of telecommunications traffic based on the forward-looking costs that such licensees incur in providing such services, pursuant to §§ 51.505 and 51.511 . Such licensees' rates shall not be set based on the default proxies described in § 51.707 . [ 61 FR 45619 , Aug. 29, 1996 , as amended at 76 FR 73856 , Nov. 29, 2011] § 51.713 Bill-and-keep arrangements. Bill-and-keep arrangements are those in which carriers exchanging telecommunications traffic do not charge each other for specific transport and/or termination functions or services. [ 76 FR 73856 , Nov. 29, 2011] § 51.715 Interim transport and termination pricing. ( a ) Upon request from a telecommunications carrier without an existing interconnection arrangement with an incumbent LEC, the incumbent LEC shall provide transport and termination of Non-Access Telecommunications Traffic immediately under an interim arrangement, pending resolution of negotiation or arbitration regarding transport and termination rates and approval of such rates by a state commission under sections 251 and 252 of the Act. ( 1 ) This requirement shall not apply when the requesting carrier has an existing interconnection arrangement that provides for the transport and termination of Non-Access Telecommunications Traffic by the incumbent LEC. ( 2 ) A telecommunications carrier may take advantage of such an interim arrangement only after it has requested negotiation with the incumbent LEC pursuant to § 51.301 . ( b ) Upon receipt of a request as described in paragraph (a) of this section, an incumbent LEC must, without unreasonable delay, establish an interim arrangement for transport and termination of Non-Access Telecommunications Traffic at symmetrical rates. ( 1 ) In a state in which the state commission has established transport and termination rates based on forward-looking economic cost studies, an incumbent LEC shall use these state-determined rates as interim transport and termination rates. ( 2 ) In a state in which the state commission has not established transport and termination rates based on forward-looking economic cost studies, an incumbent LEC shall set interim transport and termination rates either at the default ceilings specified in § 51.705(c) or in accordance with a bill-and-keep methodology as defined in § 51.713 . ( 3 ) In a state in which the state commission has neither established transport and termination rates based on forward-looking economic cost studies nor established transport and termination rates consistent with the default price ranges described in § 51.707 , an incumbent LEC shall set interim transport and termination rates at the default ceilings for end-office switching (0.4 cents per minute of use), tandem switching (0.15 cents per minute of use), and transport (as described in § 51.707(b)(2) ). ( c ) An interim arrangement shall cease to be in effect when one of the following occurs with respect to rates for transport and termination of telecommunications traffic subject to the interim arrangement: ( 1 ) A voluntary agreement has been negotiated and approved by a state commission; ( 2 ) An agreement has been arbitrated and approved by a state commission; or ( 3 ) The period for requesting arbitration has passed with no such request. ( d ) If the rates for transport and termination of Non-Access Telecommunications Traffic in an interim arrangement differ from the rates established by a state commission pursuant to § 51.705 , the state commission shall require carriers to make adjustments to past compensation. Such adjustments to past compensation shall allow each carrier to receive the level of compensation it would have received had the rates in the interim arrangement equalled the rates later established by the state commission pursuant to § 51.705 . [ 61 FR 45619 , Aug. 29, 1996, as amended at 76 FR 73856 , Nov. 29, 2011] § 51.717 [Reserved] Subpart I—Procedures for Implementation of Section 252 of the Act § 51.801 Commission action upon a state commission's failure to act to carry out its responsibility under section 252 of the Act. ( a ) If a state commission fails to act to carry out its responsibility under section 252 of the Act in any proceeding or other matter under section 252 of the Act, the Commission shall issue an order preempting the state commission's jurisdiction of that proceeding or matter within 90 days after being notified (or taking notice) of such failure, and shall assume the responsibility of the state commission under section 252 of the Act with respect to the proceeding or matter and shall act for the state commission. ( b ) For purposes of this part, a state commission fails to act if the state commission fails to respond, within a reasonable time, to a request for mediation, as provided for in section 252(a)(2) of the Act, or for a request for arbitration, as provided for in section 252(b) of the Act, or fails to complete an arbitration within the time limits established in section 252(b)(4)(C) of the Act. ( c ) A state shall not be deemed to have failed to act for purposes of section 252(e)(5) of the Act if an agreement is deemed approved under section 252(e)(4) of the Act. § 51.803 Procedures for Commission notification of a state commission's failure to act. ( a ) Any party seeking preemption of a state commission's jurisdiction, based on the state commission's failure to act, shall notify the Commission in accordance with following procedures: ( 1 ) Such party shall file with the Secretary of the Commission a petition, supported by an affidavit, that states with specificity the basis for the petition and any information that supports the claim that the state has failed to act, including, but not limited to, the applicable provisions of the Act and the factual circumstances supporting a finding that the state commission has failed to act; ( 2 ) Such party shall ensure that the state commission and the other parties to the proceeding or matter for which preemption is sought are served with the petition required in paragraph (a)(1) of this section on the same date that the petitioning party serves the petition on the Commission; and ( 3 ) Within fifteen days from the date of service of the petition required in paragraph (a)(1) of this section, the applicable state commission and parties to the proceeding may file with the Commission a response to the petition. ( b ) The party seeking preemption must prove that the state has failed to act to carry out its responsibilities under section 252 of the Act. ( c ) The Commission, pursuant to section 252(e)(5) of the Act, may take notice upon its own motion that a state commission has failed to act. In such a case, the Commission shall issue a public notice that the Commission has taken notice of a state commission's failure to act. The applicable state commission and the parties to a proceeding or matter in which the Commission has taken notice of the state commission's failure to act may file, within fifteen days of the issuance of the public notice, comments on whether the Commission is required to assume the responsibility of the state commission under section 252 of the Act with respect to the proceeding or matter. ( d ) The Commission shall issue an order determining whether it is required to preempt the state commission's jurisdiction of a proceeding or matter within 90 days after being notified under paragraph (a) of this section or taking notice under paragraph (c) of this section of a state commission's failure to carry out its responsibilities under section 252 of the Act. § 51.805 The Commission's authority over proceedings and matters. ( a ) If the Commission assumes responsibility for a proceeding or matter pursuant to section 252(e)(5) of the Act, the Commission shall retain jurisdiction over such proceeding or matter. At a minimum, the Commission shall approve or reject any interconnection agreement adopted by negotiation, mediation or arbitration for which the Commission, pursuant to section 252(e)(5) of the Act, has assumed the state's commission's responsibilities. ( b ) Agreements reached pursuant to mediation or arbitration by the Commission pursuant to section 252(e)(5) of the Act are not required to be submitted to the state commission for approval or rejection. § 51.807 Arbitration and mediation of agreements by the Commission pursuant to section 252(e)(5) of the Act. ( a ) The rules established in this section shall apply only to instances in which the Commission assumes jurisdiction under section 252(e)(5) of the Act. ( b ) When the Commission assumes responsibility for a proceeding or matter pursuant to section 252(e)(5) of the Act, it shall not be bound by state laws and standards that would have applied to the state commission in such proceeding or matter. ( c ) In resolving, by arbitration under section 252(b) of the Act, any open issues and in imposing conditions upon the parties to the agreement, the Commission shall: ( 1 ) Ensure that such resolution and conditions meet the requirements of section 251 of the Act, including the rules prescribed by the Commission pursuant to that section; ( 2 ) Establish any rates for interconnection, services, or network elements according to section 252(d) of the Act, including the rules prescribed by the Commission pursuant to that section; and ( 3 ) Provide a schedule for implementation of the terms and conditions by the parties to the agreement. ( d ) An arbitrator, acting pursuant to the Commission's authority under section 252(e)(5) of the Act, shall use final offer arbitration, except as otherwise provided in this section: ( 1 ) At the discretion of the arbitrator, final offer arbitration may take the form of either entire package final offer arbitration or issue-by-issue final offer arbitration. ( 2 ) Negotiations among the parties may continue, with or without the assistance of the arbitrator, after final arbitration offers are submitted. Parties may submit subsequent final offers following such negotiations. ( 3 ) To provide an opportunity for final post-offer negotiations, the arbitrator will not issue a decision for at least fifteen days after submission to the arbitrator of the final offers by the parties. ( e ) Final offers submitted by the parties to the arbitrator shall be consistent with section 251 of the Act, including the rules prescribed by the Commission pursuant to that section. ( f ) Each final offer shall: ( 1 ) Meet the requirements of section 251, including the rules prescribed by the Commission pursuant to that section; ( 2 ) Establish rates for interconnection, services, or access to unbundled network elements according to section 252(d) of the Act, including the rules prescribed by the Commission pursuant to that section; and ( 3 ) Provide a schedule for implementation of the terms and conditions by the parties to the agreement. If a final offer submitted by one or more parties fails to comply with the requirements of this section or if the arbitrator determines in unique circumstances that another result would better implement the Communications Act, the arbitrator has discretion to take steps designed to result in an arbitrated agreement that satisfies the requirements of section 252(c) of the Act, including requiring parties to submit new final offers within a time frame specified by the arbitrator, or adopting a result not submitted by any party that is consistent with the requirements of section 252(c) of the Act, and the rules prescribed by the Commission pursuant to that section. ( g ) Participation in the arbitration proceeding will be limited to the requesting telecommunications carrier and the incumbent LEC, except that the Commission will consider requests by third parties to file written pleadings. ( h ) Absent mutual consent of the parties to change any terms and conditions adopted by the arbitrator, the decision of the arbitrator shall be binding on the parties. [ 61 FR 45619 , Aug. 29, 1996, as amended at 66 FR 8520 , Feb. 1, 2001] § 51.809 Availability of agreements to other telecommunications carriers under section 252(i) of the Act. ( a ) An incumbent LEC shall make available without unreasonable delay to any requesting telecommunications carrier any agreement in its entirety to which the incumbent LEC is a party that is approved by a state commission pursuant to section 252 of the Act, upon the same rates, terms, and conditions as those provided in the agreement. An incumbent LEC may not limit the availability of any agreement only to those requesting carriers serving a comparable class of subscribers or providing the same service ( i.e. , local, access, or interexchange) as the original party to the agreement. ( b ) The obligations of paragraph (a) of this section shall not apply where the incumbent LEC proves to the state commission that: ( 1 ) The costs of providing a particular agreement to the requesting telecommunications carrier are greater than the costs of providing it to the telecommunications carrier that originally negotiated the agreement, or ( 2 ) The provision of a particular agreement to the requesting carrier is not technically feasible. ( c ) Individual agreements shall remain available for use by telecommunications carriers pursuant to this section for a reasonable period of time after the approved agreement is available for public inspection under section 252(h) of the Act. [ 69 FR 43771 , July 22, 2004] Subpart J—Transitional Access Service Pricing Source: 76 FR 73856 , Nov. 29, 2011, unless otherwise noted. § 51.901 Purpose and scope of transitional access service pricing rules. ( a ) The purpose of this section is to establish rules governing the transition of intercarrier compensation from a calling-party's-network pays system to a default bill-and-keep methodology. Following the transition, the exchange of traffic between and among service providers will, by default, be governed by bill-and-keep arrangements. ( b ) Effective December 29, 2011, the provisions of this subpart apply to reciprocal compensation for telecommunications traffic exchanged between telecommunications providers that is interstate or intrastate exchange access, information access, or exchange services for such access, other than special access. Note to § 51.901 : See FCC 11-161, figure 9 (chart identifying steps in the transition). § 51.903 Definitions. For the purposes of this subpart: ( a ) Competitive Local Exchange Carrier. A Competitive Local Exchange Carrier is any local exchange carrier, as defined in § 51.5 , that is not an incumbent local exchange carrier . ( b ) Composite Terminating End Office Access Rate means terminating End Office Access Service revenue, calculated using demand for a given time period, divided by end office switching minutes for the same time period. ( c ) Dedicated Transport Access Service means originating and terminating transport on circuits dedicated to the use of a single carrier or other customer provided by an incumbent local exchange carrier or any functional equivalent of the incumbent local exchange carrier access service provided by a non-incumbent local exchange carrier. Dedicated Transport Access Service rate elements for an incumbent local exchange carrier include the entrance facility rate elements specified in § 69.110 of this chapter , the dedicated transport rate elements specified in § 69.111 of this chapter , the direct-trunked transport rate elements specified in § 69.112 of this chapter , and the intrastate rate elements for functionally equivalent access services. Dedicated Transport Access Service rate elements for a non-incumbent local exchange carrier include any functionally equivalent access services. ( d ) End Office Access Service means: ( 1 ) The switching of access traffic at the carrier's end office switch and the delivery to or from of such traffic to the called party's premises; ( 2 ) The routing of interexchange telecommunications traffic to or from the called party's premises, either directly or via contractual or other arrangements with an affiliated or unaffiliated entity, regardless of the specific functions provided or facilities used; or ( 3 ) Any functional equivalent of the incumbent local exchange carrier access service provided by a non-incumbent local exchange carrier. End Office Access Service rate elements for an incumbent local exchange carrier include the local switching rate elements specified in § 69.106 of this chapter , the carrier common line rate elements specified in § 69.154 of this chapter , and the intrastate rate elements for functionally equivalent access services. End Office Access Service rate elements for an incumbent local exchange carrier also include any rate elements assessed on local switching access minutes, including the information surcharge and residual rate elements. End office Access Service rate elements for a non-incumbent local exchange carrier include any functionally equivalent access service. Note to paragraph ( d ): For incumbent local exchange carriers, residual rate elements may include, for example, state Transport Interconnection Charges, Residual Interconnection Charges, and PICCs. For non-incumbent local exchange carriers, residual rate elements may include any functionally equivalent access service. ( e ) Fiscal Year 2011 means October 1, 2010 through September 30, 2011. ( f ) Price Cap Carrier has the same meaning as that term is defined in § 61.3(aa) of this chapter . ( g ) Rate-of-Return Carrier is any incumbent local exchange carrier not subject to price cap regulation as that term is defined in § 61.3(bb) of this chapter , but only with respect to the territory in which it operates as an incumbent local exchange carrier. ( h ) Access Reciprocal Compensation means telecommunications traffic exchanged between telecommunications service providers that is interstate or intrastate exchange access, information access, or exchange services for such access, other than special access. ( i ) Tandem-Switched Transport Access Service means: ( 1 ) Tandem switching and common transport between the tandem switch and end office; or ( 2 ) Any functional equivalent of the incumbent local exchange carrier access service provided by a non-incumbent local exchange carrier via other facilities. Tandem-Switched Transport rate elements for an incumbent local exchange carrier include the rate elements specified in § 69.111 of this chapter , except for the dedicated transport rate elements specified in that section, and intrastate rate elements for functionally equivalent service. Tandem Switched Transport Access Service rate elements for a non-incumbent local exchange carrier include any functionally equivalent access service. ( j ) Transitional Intrastate Access Service means terminating End Office Access Service that was subject to intrastate access rates as of December 31, 2011; terminating Tandem-Switched Transport Access Service that was subject to intrastate access rates as of December 31, 2011; and originating and terminating Dedicated Transport Access Service that was subject to intrastate access rates as of December 31, 2011. ( k ) Access Stimulation has the same meaning as that term is defined in § 61.3(bbb) of this chapter . ( l ) Intermediate Access Provider has the same meaning as that term is defined in § 61.3(ccc) of this chapter . ( m ) Interexchange Carrier has the same meaning as that term is defined in § 61.3(ddd) of this chapter . ( n ) Toll Free Database Query Charge is a per query charge that is expressed in dollars and cents to access the Toll Free Service Management System Database, as defined in § 52.101(d) of this subchapter . ( o ) Toll Free Call means a call to a Toll Free Number, as defined in § 52.101(f) of this subchapter . ( p ) Joint Tandem Switched Transport Access Service is the rate element assessible for the transmission of toll free originating access service. The rate element includes both the transport between the end office and the tandem switch and the tandem switching. It does not include transport of traffic over dedicated transport facilities between the serving wire center and the tandem switching office. [ 76 FR 73856 , Nov. 29, 2011, as amended at 83 FR 67121 , Dec. 28, 2018; 84 FR 57650 , Oct. 28, 2019; 85 FR 75916 , Nov. 27, 2020] § 51.905 Implementation. ( a ) The rates set forth in this section are default rates. Notwithstanding any other provision of the Commission's rules, telecommunications carriers may agree to rates different from the default rates. ( b ) LECs who are otherwise required to file tariffs are required to tariff rates no higher than the default transitional rates specified by this subpart. ( 1 ) With respect to interstate switched access services governed by this subpart, LECs shall tariff rates for those services in their federal tariffs. Except as expressly superseded below, LECs shall follow the procedures specified in part 61 of this chapter when filing such tariffs. ( 2 ) With respect to Transitional Intrastate Access Services, originating access charges for Toll Free Calls, and Toll Free Database Query Charges governed by this subpart, LECs shall follow the procedures specified by relevant state law when filing intrastate tariffs, price lists or other instruments (referred to collectively as “tariffs”). ( c ) Nothing in this section shall be construed to require a carrier to file or maintain a tariff or to amend an existing tariff if it is not otherwise required to do so under applicable law. ( d ) Beginning July 1, 2021, and notwithstanding any other provision of the Commission's rules in this chapter, only the originating carrier in the path of the Toll Free Call may assess a Toll Free Database Query Charge for a Toll Free Call. When the originating carrier is unable to transmit the results of the Toll Free Database Query to the next carrier or provider in the call path, that next carrier or provider may instead assess a Toll Free Database Query Charge. [ 76 FR 73856 , Nov. 29, 2011, as amended at 85 FR 75916 , Nov. 27, 2020] § 51.907 Transition of price cap carrier access charges. ( a ) Notwithstanding any other provision of the Commission's rules, on December 29, 2011, a Price Cap Carrier shall cap the rates for all interstate and intrastate rate elements for services contained in the definitions of Interstate End Office Access Services, Tandem Switched Transport Access Services, and Dedicated Transport Access Services. In addition, a Price Cap Carrier shall also cap the rates for any interstate and intrastate rate elements in the traffic sensitive basket” and the “trunking basket” as described in 47 CFR 61.42(d)(2) and (3) to the extent that such rate elements are not contained in the definitions of Interstate End Office Access Services, Tandem Switched Transport Access Services, and Dedicated Transport Access Services. Carriers will remove these services from price cap regulation in their July 1, 2012 annual tariff filing. ( b ) Step 1. Beginning July 1, 2012, notwithstanding any other provision of the Commission's rules: ( 1 ) Each Price Cap Carrier shall file tariffs, in accordance with § 51.905(b)(2) , with the appropriate state regulatory authority, that set forth the rates applicable to Transitional Intrastate Access Service in each state in which it provides Transitional Intrastate Access Service. ( 2 ) Each Price Cap Carrier shall establish the rates for Transitional Intrastate Access Service using the following methodology: ( i ) Calculate total revenue from Transitional Intrastate Access Service at the carrier's interstate access rates in effect on December 29, 2011, using Fiscal Year 2011 intrastate switched access demand for each rate element. ( ii ) Calculate total revenue from Transitional Intrastate Access Service at the carrier's intrastate access rates in effect on December 29, 2011, using Fiscal Year 2011 intrastate switched access demand for each rate element. ( iii ) Calculate the Step 1 Access Revenue Reduction. The Step 1 Access Revenue Reduction is equal to one-half of the difference between the amount calculated in paragraph (b)(2)(i) of this section and the amount calculated in paragraph (b)(2)(ii) of this section. ( iv ) A Price Cap Carrier may elect to establish rates for Transitional Intrastate Access Service using its intrastate access rate structure. Carriers using this option shall establish rates for Transitional Intrastate Access Service such that Transitional Intrastate Access Service revenue at the proposed rates is no greater than Transitional Intrastate Access Service revenue at the intrastate rates in effect as of December 29, 2011 less the Step 1 Access Revenue Reduction, using Fiscal Year 2011 demand. Carriers electing to establish rates for Transitional Intrastate Access Service in this manner shall notify the appropriate state regulatory authority of their election in the filing required by § 51.907(b)(1) . ( v ) A Price Cap Carrier may elect to apply its interstate access rate structure and interstate rates to Transitional Intrastate Access Service. In addition to applicable interstate access rates, the carrier may, between July 1, 2012 and July 1, 2013, assess a transitional per-minute charge on Transitional Intrastate Access Service end office switching minutes (previously billed as intrastate access). The transitional per-minute charge shall be no greater than the Step 1 Access Revenue Reduction divided by Fiscal Year 2011 Transitional Intrastate Access Service end office switching minutes. Carriers electing to establish rates for Transitional Intrastate Access Service in this manner shall notify the appropriate state regulatory authority of their election in the filing required by paragraph (b)(1) of this section. ( vi ) Except as provided in paragraph (b)(3) of this section, nothing in this section obligates or allows a Price Cap Carrier that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions to increase such rates. ( 3 ) If a Price Cap Carrier must make an intrastate switched access rate reduction pursuant to paragraph (b)(2) of this section, and that Price Cap Carrier has an intrastate rate for a rate element that is below the comparable interstate rate for that element, the Price Cap Carrier shall: ( i ) Increase the rate for any intrastate rate element that is below the comparable interstate rate for that element to the interstate rate no later than July 1, 2013; ( ii ) Include any increases made pursuant to paragraph (b)(3)(i) of this section in the calculation of its eligible recovery for 2012. ( c ) Step 2. Beginning July 1, 2013, notwithstanding any other provision of the Commission's rules: ( 1 ) Transitional Intrastate Access Service rates shall be no higher than the Price Cap Carrier's interstate access rates. Once the Price Cap Carrier's Transitional Intrastate Access Service rates are equal to its functionally equivalent interstate access rates, they shall be subject to the same rate structure and all subsequent rate and rate structure modifications. Except as provided in paragraph (c)(4) of this section, nothing in this section obligates or allows a Price Cap Carrier that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions to increase such rates. ( 2 ) In cases where a Price Cap Carrier does not have intrastate rates that permit it to determine composite intrastate End Office Access Service rates, the carrier shall establish End Office Access Service rates such that the ratio between its composite intrastate End Office Access Service revenues and its total intrastate switched access revenues may not exceed the ratio between its composite interstate End Office Access Service revenues and its total interstate switched access revenues. ( 3 ) [Reserved] ( 4 ) If a Price Cap Carrier made an intrastate switched access rate reduction in 2012 pursuant to paragraph (b)(2) of this section, and that Price Cap Carrier has an intrastate rate for a rate element that is below the comparable interstate rate for that element, the Price Cap Carrier shall: ( i ) Increase the rate for any intrastate rate element that is below the comparable interstate rate for that element to the interstate rate on July 1, 2013; and ( ii ) Include any increases made pursuant to paragraph (b)(4)(i) of this section in the calculation of its eligible recovery for 2013. ( d ) Step 3. Beginning July 1, 2014, notwithstanding any other provision of the Commission's rules: ( 1 ) A Price Cap Carrier shall establish separate originating and terminating rate elements for all per-minute components within interstate and intrastate End Office Access Service. For fixed charges, the Price Cap Carrier shall divide the rate between originating and terminating rate elements based on relative originating and terminating end office switching minutes. If sufficient originating and terminating end office switching minute data is not available, the carrier shall divide such charges equally between originating and terminating elements. ( 2 ) Each Price Cap Carrier shall establish rates for interstate or intrastate terminating End Office Access Service using the following methodology: ( i ) Each Price Cap Carrier shall calculate the 2011 Baseline Composite Terminating End Office Access Rate. The 2011 Baseline Composite Terminating End Office Access Rate means the Composite Terminating End Office Access Rate calculated using Fiscal Year 2011 interstate demand multiplied by the interstate End Office Access Service rates at the levels in effect on December 29, 2011, and then dividing the result by 2011 Fiscal Year interstate local switching demand. ( ii ) Each Price Cap Carrier shall calculate its 2014 Target Composite Terminating End Office Access Rate. The 2014 Target Composite Terminating End Office Access Rate means $0.0007 per minute plus two-thirds of any difference between the 2011 Baseline Composite Terminating End Office Access Rate and $0.0007 per minute. ( iii ) Beginning July 1, 2014, no Price Cap Carrier's interstate Composite Terminating End Office Access Rate shall exceed its 2014 Target Composite Terminating End Office Access Rate. A price cap carrier shall determine compliance by calculating interstate Composite Terminating End Office Access Rates using the relevant Fiscal Year 2011 interstate demand multiplied by the respective interstate rates as of July 1, 2014, and then dividing the result by the relevant 2011 Fiscal Year interstate terminating local switching demand. A price cap carrier's intrastate terminating end office access rates may not exceed the comparable interstate terminating end office access rates. In the alternative, any Price Cap Carrier may elect to implement a single per minute rate element for both interstate and intrastate terminating End Office Access Service no greater than the 2014 Target Composite Terminating End Office Access Rate if its intrastate terminating end office access rates would be at rate parity with its interstate terminating end office access rates. ( e ) Step 4. Beginning July 1, 2015, notwithstanding any other provision of the Commission's rules: ( 1 ) Each Price Cap Carrier shall establish interstate or intrastate rates for terminating End Office Access Service using the following methodology: ( i ) Each Price Cap Carrier shall calculate its 2015 Target Composite Terminating End Office Access Rate. The 2015 Target Composite Terminating End Office Access Rate means $0.0007 per minute plus one-third of any difference between the 2011 Composite Terminating End Office Access Rate and $0.0007 per minute. ( ii ) Beginning July 1, 2015, no Price Cap Carrier's interstate Composite Terminating End Office Access Rate shall exceed its 2015 Target Composite Terminating End Office Access Rate. A price cap carrier shall determine compliance by calculating interstate Composite Terminating End Office Access Rates using the relevant Fiscal Year 2011 interstate demand multiplied by the respective interstate rates as of July 1, 2015, and then dividing the result by the relevant 2011 Fiscal Year interstate terminating local switching demand. A price cap carrier's intrastate terminating end office access rates may not exceed the comparable interstate terminating end office access rates. In the alternative, any Price Cap Carrier may elect to implement a single per minute rate element for both interstate and intrastate terminating End Office Access Service no greater than the 2015 Target Composite Terminating End Office Access Rate if its intrastate terminating end office access rates would be at rate parity with its interstate terminating end office access rates. ( 2 ) Nothing in this section obligates or allows a Price Cap Carrier that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions raising such rates. ( f ) Step 5. Beginning July 1, 2016, notwithstanding any other provision of the Commission's rules, each Price Cap Carrier shall establish interstate terminating End Office Access Service rates such that its Composite Terminating End Office Access Service rate does not exceed $0.0007 per minute. A price cap carrier shall determine compliance by calculating interstate Composite Terminating End Office Access Rates using the relevant Fiscal Year 2011 interstate demand multiplied by the respective interstate rates as of July 1, 2016, and then dividing the result by the relevant 2011 Fiscal Year interstate terminating local switching demand. A price cap carrier's intrastate terminating end office access rates may not exceed the comparable interstate terminating end office access rates. In the alternative, any Price Cap Carrier may elect to implement a single per-minute rate element for both interstate and intrastate Terminating End Office Access Service no greater than the 2016 Target Composite Terminating End Office Access Rate if its intrastate terminating end office access rates would be at rate parity with its interstate terminating end office access rates. Nothing in this section obligates or allows a Price Cap Carrier that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions raising such rates. ( g ) Step 6. Beginning July 1, 2017, notwithstanding any other provision of the Commission's rules: ( 1 ) Each Price Cap Carrier shall, in accordance with a bill-and-keep methodology, refile its interstate access tariffs and any state tariffs, in accordance with § 51.905(b)(2) , removing any intercarrier charges for terminating End Office Access Service. ( 2 ) Each Price Cap Carrier shall establish, for interstate and intrastate terminating traffic traversing a tandem switch that the terminating carrier or its affiliates owns, Tandem-Switched Transport Access Service rates no greater than $0.0007 per minute. ( 3 ) Nothing in this section obligates or allows a Price Cap Carrier that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions raising such rates. ( h ) Step 7. Beginning July 1, 2018, notwithstanding any other provision of the Commission's rules, each Price Cap carrier shall, in accordance with bill-and-keep, as defined in § 51.713 , revise and refile its interstate switched access tariffs and any state tariffs to remove any intercarrier charges applicable to terminating tandem-switched access service traversing a tandem switch that the terminating carrier or its affiliate owns. ( i ) 8YY Transition—Step 1. Beginning July 1, 2021, and notwithstanding any other provision of the Commission's rules in this chapter, each Price Cap Carrier shall: ( 1 ) Establish separate rate elements for interstate and intrastate toll free originating end office access service and non-toll free originating end office access service. Rate elements reflecting fixed charges associated with originating End Office Access Service shall be treated as non-toll free charges. ( 2 ) Reduce its intrastate toll free originating end office access service rates to its interstate toll free originating end office access service rates as follows: ( i ) Calculate total revenue from End Office Access Service, excluding non-usage-based rate elements, at the carrier's interstate access rates in effect on June 30, 2020, using intrastate switched access demand for each rate element for the 12 months ending June 30, 2020. ( ii ) Calculate total revenue from End Office Access Service, excluding non-usage based rate elements, at the carrier's intrastate access rates in effect on June 30, 2020, using intrastate switched access demand for each rate element for the 12 months ending June 30, 2020. ( iii ) If the value in paragraph (i)(2)(ii) of this section is less than or equal to the value in paragraph (i)(2)(i) of this section, the Price Cap Carrier's intrastate End Office Access Service rates shall remain unchanged. ( iv ) If the value in paragraph (i)(2)(ii) of this section is greater than the value in paragraph (i)(2)(i) of this section, the Price Cap Carrier shall reduce intrastate rates for End Office Access Service so that they are equal to the Price Cap Carrier's functionally equivalent interstate rates for End Office Access Rates and shall be subject to the interstate rate structure and all subsequent rate and rate structure modifications. ( v ) Except as provided in paragraph (i)(2) of this section, nothing in this section allows a Price Cap Carrier that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions to increase such rates. If a Price Cap Carrier has an intrastate rate for an End Office Access Service rate element that is below the comparable interstate rate for that element, the Price Cap Carrier may, if necessary as part of a restructuring to reduce its intrastate rates for End Office Access Service down to parity with functionally equivalent interstate rates, increase the rate for an intrastate rate element that is below the comparable interstate rate for that element to the interstate rate in effect on July 1, 2021. ( 3 ) Establish separate rate elements for interstate and intrastate non-toll free originating transport services for service between an end office switch and the tandem switch and remove its rate for intrastate and interstate originating toll free transport services consistent with a bill-and-keep methodology (as defined in § 51.713 ). ( 4 ) Establish separate rate elements respectively for interstate and intrastate non-toll free originating tandem switching services. ( 5 ) Establish transitional interstate and intrastate Joint Tandem Switched Transport Access Service rate elements for Toll Free Calls that are respectively no more than $0.001 per minute. ( 6 ) Reduce its interstate and intrastate rates for Toll Free Database Query Charges to no more than $0.004248 per query. Nothing in this section obligates or allows a Price Cap Carrier that has Toll Free Database Query Charges lower than this rate to make any intrastate or interstate tariff filing revision to increase such rates. ( j ) 8YY Transition—Step 2. Beginning July 1, 2022, and notwithstanding any other provision of the Commission's rules in this chapter, each Price Cap Carrier shall: ( 1 ) Reduce its interstate and intrastate rates for all originating End Office Access Service rate elements for Toll Free Calls in each state in which it provides such service by one-half of the maximum rate allowed by paragraph (a) of this section; and ( 2 ) Reduce its rates for intrastate and interstate Toll Free Database Query Charges by one-half of the difference between the rate permitted by paragraph (i)(6) of this section and the transitional rate of $0.0002 per query set forth in paragraph (k)(2) of this section. ( k ) 8YY Transition—Step 3. Beginning July 1, 2023, and notwithstanding any other provision of the Commission's rules in this chapter, each Price Cap Carrier shall: ( 1 ) In accordance with a bill-and-keep methodology, refile its interstate switched access tariff and any state tariff to remove any intercarrier charges for intrastate and interstate originating End Office Access Service for Toll Free Calls; and ( 2 ) Reduce its rates for all intrastate and interstate Toll Free Database Query Charges to a transitional rate of no more than $0.0002 per query. [ 76 FR 73856 , Nov. 29, 2011, as amended at 77 FR 48452 , Aug. 14, 2012; 79 FR 28844 , May 20, 2014; 85 FR 75916 , Nov. 27, 2020] § 51.909 Transition of rate-of-return carrier access charges. ( a ) Notwithstanding any other provision of the Commission's rules, on December 29, 2011, a Rate-of-Return Carrier shall: ( 1 ) Cap the rates for all rate elements for services contained in the definitions of End Office Access Service, Tandem Switched Transport Access Service, and Dedicated Transport Access Service, as well as all other interstate switched access rate elements, in its interstate switched access tariffs at the rate that was in effect on the December 29, 2011; and ( 2 ) Cap, in accordance with § 51.505(b)(2) , the rates for rate all elements in its intrastate switched access tariffs associated with the provision of terminating End Office Access Service and terminating Tandem-Switched Transport Access Service at the rates that were in effect on the December 29, 2011, ( i ) Using the terminating rates if specifically identified; or ( ii ) Using the rate for the applicable rate element if the tariff does not distinguish between originating and terminating. ( 3 ) Except as provided in paragraphs (a)(6) and (b)(4) of this section, nothing in this section obligates or allows a Rate-of-Return Carrier that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions raising such rates. ( 4 ) Notwithstanding the requirements of paragraph (a)(1) of this section, if a Rate-of-Return Carrier enters or exits the National Exchange Carrier Association (Association), as defined in § 69.2(d) of this chapter , traffic-sensitive tariff pursuant to the provisions of § 69.3(e)(6) of this chapter , the Association shall adjust its switched access rate caps referenced in paragraph (a)(1) of this section. ( i ) For each entering Rate-of-Return Carrier, the Association shall: ( A ) Determine each entering Rate-of-Return Carrier's interstate switched access revenues for the preceding calendar year; ( B ) Determine the revenues that would have been realized by the entering Rate-of-Return Carrier in the preceding calendar year if it had used the Association's switched access rates (employing the rates for the appropriate bands) as of December 31 of the preceding year and the entering Rate-of-Return Carrier's switched access demand used to determine switched access revenues under paragraph (a)(4)(i)(A) of this section; and ( C ) Subtract the sum of the revenues determined pursuant to paragraph (a)(4)(i)(B) of this section from the sum of the revenues determined pursuant to paragraph (a)(4)(i)(A) of this section. ( ii ) The Association shall determine the amount by which each exiting Rate-of-Return Carrier is a net contributor or net recipient to or from the switched access segment of the Association pool as follows: ( A ) The Association shall calculate the difference between each exiting Rate-of-Return Carrier's 2011-2012 tariff year projected interstate switched access revenues excluding Local Switching Support and the Rate-of-Return Carrier's projected switched access pool settlements excluding Local Switching Support for the same period with a net contribution amount being treated as a positive amount and a net recipient amount being treated as a negative amount. The Association shall divide the calculated difference by the Rate-of-Return Carrier's 2011-2012 tariff year projected interstate switched access revenues excluding Local Switching Support to produce a percent net contribution or net receipt factor. ( B ) The Association shall multiply the factor calculated in paragraph (a)(4)(ii)(A) of this section by the Rate-of-Return Carrier's switched access revenues for the preceding calendar year to yield the amount of the Rate-of-Return Carrier's net contribution or net receipts for the calendar year. ( iii ) To determine the Association's adjusted switched access rate caps, the Association shall: ( A ) Add the amounts calculated under paragraphs (a)(4)(i) and (a)(4)(ii) of this section; ( B ) Divide the amount determined in paragraph (a)(4)(iii)(A) of this section by the preceding year's switched access revenues of the Rate-of-Return Carriers that will participate in the Association traffic-sensitive tariff for the next annual tariff period; ( C ) The Association shall proportionately adjust its June 30 switched access rate caps by the percentage amount determined in paragraph (a)(4)(iii)(B) of this section. ( iv ) The interstate switched access rate caps determined pursuant to paragraph (a)(4)(iii)(C) of this section shall be the new capped interstate switched access rates for purposes of § 51.909(a) . The Association shall provide support in its annual access tariff filing to justify the revised interstate switched access rate caps, the Access Recovery Charges that will be assessed, and the amount of Connect America Fund ICC support each carrier will be eligible to receive. ( 5 ) A Rate-of-Return Carrier exiting the Association traffic-sensitive tariff pursuant to § 69.3(e)(6) of this chapter must establish new switched access rate caps as follows: ( i ) The Rate-of-Return Carrier shall multiply the factor determined in paragraph (a)(4)(ii)(A) of this section by negative one and then proportionately adjust the Association's capped switched access rates as of the date preceding the effective date of the exiting Rate-of-Return Carrier's next annual tariff filing by this percentage. A Rate-of-Return Carrier that was a net contributor to the pool will have rate caps that are lower than the Association's switched access rate caps, while a net recipient will have switched access rate caps that are higher than the Association's switched access rate caps; ( ii ) The interstate switched access rate caps determined pursuant to paragraph (a)(5)(i) of this section shall be the new capped interstate switched access rates of the exiting Rate-of-Return Carrier for purposes of § 51.909(a) . An exiting Rate-of-Return Carrier shall provide support in its annual access tariff filing to justify the revised interstate switched access rate caps, the Access Recovery Charges that will be assessed, and the amount of Connect America Fund ICC support the carrier will be eligible to receive. ( 6 ) If the Association revises its interstate switched access rate caps pursuant to paragraph (a)(4) of this section, each Rate-of-Return Carrier participating in the upcoming annual Association traffic-sensitive tariff shall: ( i ) Revise any of its intrastate switched access rates that would have reached parity with its interstate switched access rates in 2013 to parity with the revised interstate switched access rate levels; ( ii ) The Association shall provide Rate-of-Return Carriers that are participating in the Association traffic-sensitive pool with notice of any revisions the Association proposes under paragraph (a)(4) of this section no later than May 1. ( 7 ) Rate-of-return carriers subject to § 51.917 that merge with, consolidate with, or acquire, other rate-of-return carriers shall establish new rate caps as follows: ( i ) If the merged entity will file its own access tariff, the new rate cap for each rate element shall be the average of the preexisting rates of each study area weighted by the number of access lines in each study area; or ( ii ) If the merged entity participates in the Association traffic-sensitive tariff and has to establish a single switched access rate for one or more rate elements, the new consolidated rate reflecting the cost characteristics of the merged entity, as determined by the Association, will serve as the new rate cap if the merged entity's Connect America Fund Intercarrier Compensation (CAF ICC) support will not be more than two percent higher than the combined amount received by the entities prior to merger, using rate and demand levels for the preceding calendar year. A merging entity that does not satisfy the requirement in this paragraph (a)(7)(ii) may file a streamlined waiver petition that will be subject to the following procedure: ( A ) Public notice and review period. The Wireline Competition Bureau will issue a public notice seeking comment on a petition for waiver of the two-percent threshold established by this paragraph (a)(7)(ii) . ( B ) Comment cycle. Comments on petitions for waiver may be filed during the first 30 days following public notice, and reply comments may be filed during the first 45 days following public notice, unless the public notice specifies a different pleading cycle. All comments on petitions for waiver shall be filed electronically, and shall satisfy such other filing requirements as may be specified in the public notice. ( C ) Effectuating waiver grant. A waiver petition filed pursuant to this paragraph (a)(7)(ii)(C) will be deemed granted 60 days after the release of the public notice seeking comment on the petition, unless opposed or the Commission acts to prevent the waiver from taking effect. The Association and the petitioner shall coordinate the timing of any tariff filing necessary to effectuate this change. The revised rate filed by the Association shall be the rate cap for purposes of applying paragraph (a) of this section. ( b ) Step 1. Beginning July 1, 2012, notwithstanding any other provision of the Commission's rules: ( 1 ) Each Rate-of-Return Carrier shall file intrastate access tariff provisions, in accordance with § 51.505(b)(2) , that set forth the rates applicable to Transitional Intrastate Access Service in each state in which it provides Transitional Intrastate Access Service. ( 2 ) Each Rate-of-Return Carrier shall establish the rates for Transitional Intrastate Access Service using the following methodology: ( i ) Calculate total revenue from Transitional Intrastate Access Service at the carrier's interstate access rates in effect on December 29, 2011, using Fiscal Year 2011 intrastate switched access demand for each rate element. ( ii ) Calculate total revenue from Transitional Intrastate Access Service at the carrier's intrastate access rates in effect on December 29, 2011, using Fiscal Year 2011 intrastate switched access demand for each rate element. ( iii ) Calculate the Step 1 Access Revenue Reduction. The Step 1 Access Revenue Reduction is equal to one-half of the difference between the amount calculated in (b)(2)(i) of this section and the amount calculated in (b)(2)(ii) of this section. ( iv ) A Rate-of-Return Carrier may elect to establish rates for Transitional Intrastate Access Service using its intrastate access rate structure. Carriers using this option shall establish rates for Transitional Intrastate Access Service such that Transitional Intrastate Access Service revenue at the proposed rates is no greater than Transitional Intrastate Access Service revenue at the intrastate rates in effect as of December 29, 2011 less the Step 1 Access Revenue Reduction, using Fiscal Year 2011 intrastate switched access demand. Carriers electing to establish rates for Transitional Intrastate Access Service in this manner shall notify the appropriate state regulatory authority of their election in the filing required by § 51.907(b)(1) . ( v ) A Rate-of-Return Carrier may elect to apply its interstate access rate structure and interstate rates to Transitional Intrastate Access Service. In addition to applicable interstate access rates, the carrier may, between July 1, 2012 and July 1, 2013, assess a transitional per-minute charge on Transitional Intrastate Access Service end office switching minutes (previously billed as intrastate access). The transitional per-minute charge shall be no greater than the Step 1 Access Revenue Reduction divided by Fiscal Year 2011 Transitional Intrastate Access Service end office switching minutes. Carriers electing to establish rates for Transitional Intrastate Access Service in this manner shall notify the appropriate state regulatory authority of their election in the filing required by § 51.907(b)(1) . ( 3 ) Except as provided in paragraph (b)(4) of this section, nothing in this section obligates or allows a Rate-of-Return carrier that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions raising such rates. ( 4 ) If a Rate-of-Return Carrier must make an intrastate switched access rate reduction pursuant to paragraph (b)(2) of this section, and that Rate-of-Return Carrier has an intrastate rate for a rate element that is below the comparable interstate rate for that element, the Rate-of-Return Carrier shall: ( i ) Increase the rate for any intrastate rate element that is below the comparable interstate rate for that element to the interstate rate no later than July 1, 2013; ( ii ) Include any increases made pursuant to paragraph (b)(4)(i) of this section in the calculation of its eligible recovery for 2012. ( c ) Step 2. Beginning July 1, 2013, notwithstanding any other provision of the Commission's rules: ( 1 ) Transitional Intrastate Access Service rates shall be no higher than the Rate-of-Return Carrier's interstate Terminating End Office Access Service, Terminating Tandem-Switched Transport Access Service, and Originating and Terminating Dedicated Transport Access Service rates and subject to the same rate structure and all subsequent rate and rate structure modifications. Except as provided in paragraph (c)(2) of this section, nothing in this section obligates or allows a Rate-of-Return Carrier that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions to increase such rates. ( 2 ) If a Rate-of-Return Carrier made an intrastate switched access rate reduction in 2012 pursuant to paragraph (b)(2) of this section, and that Rate-of-Return Carrier has an intrastate rate for a rate element that is below the comparable interstate rate for that element, the Rate-of-Return Carrier shall: ( i ) Increase any intrastate rate element that is below the comparable interstate rate to the interstate rate by July 1, 2013; and ( ii ) Include any increases made pursuant to paragraph (c)(2)(i) of this section in the calculation of its eligible recovery for 2013. ( d ) Step 3. Beginning July 1, 2014, notwithstanding any other provision of the Commission's rules: ( 1 ) Notwithstanding the rate structure rules set forth in § 69.106 of this chapter or anything else in the Commission's rules, a Rate-of-Return Carrier shall establish separate originating and terminating interstate and intrastate rate elements for all components within interstate End Office Access Service. For fixed charges, the Rate-of-Return Carrier shall divide the amount based on relative originating and terminating end office switching minutes. If sufficient originating and terminating end office switching minute data is not available, the carrier shall divide such charges equally between originating and terminating elements. ( 2 ) Nothing in this Step shall affect Tandem-Switched Transport Access Service or Dedicated Transport Access Service. ( 3 ) Each Rate-of-Return Carrier shall establish rates for interstate and intrastate terminating End Office Access Service using the following methodology: ( i ) Each Rate-of-Return Carrier shall calculate the 2011 Baseline Composite Terminating End Office Access Rate. The 2011 Baseline Composite Terminating End Office Access Rate means the Composite Terminating End Office Access Rate calculated using Fiscal Year 2011 interstate demand and the interstate End Office Access Service rates at the levels in effect on December 29, 2011. ( ii ) Each Rate-of-Return Carrier shall calculate its 2014 Target Composite Terminating End Office Access Rate. The 2014 Target Composite Terminating End Office Access Rate means $0.005 per minute plus two-thirds of any difference between the 2011 Baseline Composite Terminating End Office Access Rate and $0.005 per minute. ( iii ) Beginning July 1, 2014, no Rate-of-Return Carrier's interstate Composite Terminating End Office Access Rate shall exceed its 2014 Target Composite Terminating End Office Access Rate. A rate-of-return carrier shall determine compliance by calculating interstate Composite Terminating End Office Access Rates using the relevant projected interstate demand for the tariff period multiplied by the respective interstate rates as of July 1, 2014, and then dividing by the projected interstate terminating end office local switching demand for the tariff period. A rate-of-return carrier's intrastate terminating end office access rates may not exceed the comparable interstate terminating end office access rates. In the alternative, any Rate-of-Return Carrier may elect to implement a single per minute rate element for both interstate and intrastate terminating End Office Access Service no greater than the 2014 Target Composite Terminating End Office Access Rate if its intrastate terminating end office access rates would be at rate parity with its interstate terminating end office access rates. ( 4 ) Nothing in this section obligates or allows a Rate-of-Return Carrier that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions raising such rates. ( e ) Step 4. Beginning July 1, 2015, notwithstanding any other provision of the Commission's rules: ( 1 ) Each Rate-of-Return Carrier shall establish rates for interstate and intrastate terminating End Office Access Service using the following methodology: ( i ) Each Rate-of-Return Carrier shall calculate its 2015 Target Composite Terminating End Office Access Rate. The 2015 Target Composite Terminating End Office Access Rate means $0.005 per minute plus one-third of any difference between the 2011 Baseline Composite Terminating End Office Access Rate and $0.005 per minute. ( ii ) Beginning July 1, 2015, no Rate-of-Return Carrier's interstate Composite Terminating End Office Access Rate shall exceed its 2015 Target Composite Terminating End Office Access Rate. A rate-of-return carrier shall determine compliance by calculating interstate Composite Terminating End Office Access Rates using the relevant projected interstate demand for the tariff period multiplied by the respective interstate rates as of July 1, 2015, and then dividing by the projected interstate terminating end office local switching demand for the tariff period. A rate-of-return carrier's intrastate terminating end office access rates may not exceed the comparable interstate terminating end office access rates. In the alternative, any Rate-of-Return Carrier may elect to implement a single per minute rate element for both interstate and intrastate terminating End Office Access Service no greater than the 2015 Target Composite Terminating End Office Access Rate if its intrastate terminating end office access rates would be at rate parity with its interstate terminating end office access rates. Nothing in this section obligates or allows a Rate-of-Return Carrier that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions raising such rates. ( 2 ) [Reserved] ( f ) Step 5. Beginning July 1, 2016, notwithstanding any other provision of the Commission's rules, each Rate-of-Return Carrier shall establish interstate terminating End Office Access Service rates such that its interstate Composite Terminating End Office Access Service rate does not exceed $0.005 per minute. A rate-of-return carrier shall determine compliance by calculating interstate Composite Terminating End Office Access Rates using the relevant projected interstate demand for the tariff period multiplied by the respective interstate rates as of July 1, 2016, and then dividing by the projected interstate terminating end office local switching demand for the tariff period. A rate-of-return carrier's intrastate terminating end office access rates may not exceed the comparable interstate terminating end office access rates. In the alternative, any Rate-of-Return Carrier may elect to implement a single per minute rate element for both interstate and intrastate terminating End Office Access Service no greater than the 2016 Target Composite Terminating End Office Access Rate if its intrastate terminating end office access rates would be at rate parity with its interstate terminating end office access rates. Nothing in this section obligates or allows a Rate-of-Return Carrier that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions raising such rates. ( g ) Step 6. Beginning July 1, 2017, notwithstanding any other provision of the Commission's rules: ( 1 ) Each Rate-of-Return Carrier shall establish interstate and intrastate rates for terminating End Office Access Service using the following methodology: ( i ) Each Rate-of-Return Carrier shall calculate its 2017 Target Composite Terminating End Office Access Rate. The 2017 Target Composite Terminating End Office Access Rate means $0.0007 per minute plus two-thirds of any difference between that carrier's 2016 Target Composite Terminating End Office Access Rate and $0.0007 per minute. ( ii ) Beginning July 1, 2017, no Rate-of-Return Carrier's interstate Composite Terminating End Office Access Rate shall exceed its 2017 Target Composite Terminating End Office Access Rate. A rate-of-return carrier shall determine compliance by calculating interstate Composite Terminating End Office Access Rates using the relevant projected interstate demand for the tariff period multiplied by the respective interstate rates as of July 1, 2017, and then dividing by the projected interstate terminating end office local switching demand for the tariff period. A rate-of-return carrier's intrastate terminating end office access rates may not exceed the comparable interstate terminating end office access rates. In the alternative, any Rate-of-Return Carrier may elect to implement a single per minute rate element for both interstate and intrastate terminating End Office Access Service no greater than the 2017 Target Composite Terminating End Office Access Rate if its intrastate terminating end office access rates would be at rate parity with its interstate terminating end office access rates. Nothing in this section obligates or allows a Rate-of-Return Carrier that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions raising such rates. ( 2 ) [Reserved] ( h ) Step 7. Beginning July 1, 2018, notwithstanding any other provision of the Commission's rules: ( 1 ) Each Rate-of-Return Carrier shall establish interstate and intrastate rates for terminating End Office Access Service using the following methodology: ( i ) Each Rate-of-Return Carrier shall calculate its 2018 Target Composite Terminating End Office Access Rate. The 2018 Target Composite Terminating End Office Access Rate means $0.0007 per minute plus one-third of any difference between that carrier's 2016 Target Composite Terminating End Office Access Rate and $0.0007 per minute. ( ii ) Beginning July 1, 2018, no Rate-of-Return Carrier's interstate Composite Terminating End Office Access Rate shall exceed its 2018 Target Composite Terminating End Office Access Rate. A rate-of-return carrier shall determine compliance by calculating interstate Composite Terminating End Office Access Rates using the relevant projected interstate demand for the tariff period multiplied by the respective interstate rates as of July 1, 2018 and then dividing by the projected interstate terminating end office local switching demand for the tariff period. A rate-of-return carrier's intrastate terminating end office access rates may not exceed the comparable interstate terminating end office access rates. In the alternative, any Rate-of-Return Carrier may elect to implement a single per minute rate element for both interstate and intrastate terminating End Office Access Service no greater than the 2018 interstate Target Composite Terminating End Office Access Rate if its intrastate terminating end office access rates would be at rate parity with its interstate terminating end office access rates. Nothing in this section obligates or allows a Rate-of-Return Carrier that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions raising such rates. ( 2 ) [Reserved] ( i ) Step 8. Beginning July 1, 2019, notwithstanding any other provision of the Commission's rules, each Rate-of-Return Carrier shall establish interstate and intrastate rates for terminating End Office Access Service that do not exceed $0.0007 per minute. ( j ) Step 9. Beginning July 1, 2020, notwithstanding any other provision of the Commission's rules, each Rate-of-Return Carrier shall, in accordance with a bill-and-keep methodology, revise and refile its federal access tariffs and any state tariffs to remove any intercarrier charges for terminating End Office Access Service. ( k ) As set forth in FCC 11-161, states will facilitate implementation of changes to intrastate access rates to ensure compliance with the Order. Nothing in this section shall alter the authority of a state to monitor and oversee filing of intrastate tariffs. ( l ) 8YY Transition—Step 1. As of December 28, 2020, each rate-of-return carrier shall cap the rate for all intrastate originating access charge rate elements for Toll Free Calls, including for Toll Free Database Query Charges. ( m ) 8YY Transition—Step 2. Beginning July 1, 2021, and notwithstanding any other provision of the Commission's rules in this chapter, each Rate-of-Return Carrier shall: ( 1 ) Establish separate rate elements for interstate and intrastate toll free originating end office access service and non-toll free originating end office access service. Rate elements reflecting fixed charges associated with originating End Office Access Service shall be treated as non-toll free charges. ( 2 ) Reduce its intrastate toll free originating end office access service rates to its interstate toll free originating end office access service rates as follows: ( i ) Calculate total revenue from End Office Access Service, excluding non-usage-based rate elements, at the carrier's interstate access rates in effect on June 30, 2020, using intrastate switched access demand for each rate element for the 12 months ending June 30, 2020. ( ii ) Calculate total revenue from End Office Access Service, excluding non-usage based rate elements, at the carrier's intrastate access rates in effect on June 30, 2020, using intrastate switched access demand for each rate element for the 12 months ending June 30, 2020. ( iii ) If the value in paragraph (m)(2)(ii) of this section is less than or equal to the value in paragraph (m)(2)(i) of this section, the Rate-of-Return Carrier's intrastate End Office Access Service rates shall remain unchanged. ( iv ) If the value in paragraph (m)(2)(ii) of this section is greater than the value in paragraph (m)(2)(i) of this section, the Rate-of-Return Carrier shall reduce intrastate rates for End Office Access Service so that they are equal to the Rate-of-Return Carrier's functionally equivalent interstate rates for End Office Access Rates and shall be subject to the interstate rate structure and all subsequent rate and rate structure modifications. ( v ) Except as provided in paragraph (m)(2) of this section, nothing in this section allows a Rate-of-Return Carrier that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions to increase such rates. If a Rate-of-Return Carrier has an intrastate rate for an End Office Access Service rate element that less than the comparable interstate rate for that element, the Rate-of-Return Carrier may, if necessary as part of a restructuring to reduce its intrastate rates for End Office Access Service down to parity with functionally equivalent interstate rates, increase the rate for an intrastate rate element that is below the comparable interstate rate for that element to the interstate rate on July 1, 2021. ( 3 ) Establish separate rate elements for interstate and intrastate non-toll free originating transport services for service between an end office switch and the tandem switch and remove its rate for intrastate and interstate originating toll free transport services consistent with a bill-and-keep methodology (as defined in § 51.713 ). ( 4 ) Establish separate rate elements respectively for interstate and intrastate non-toll free originating tandem switching services. ( 5 ) Establish transitional interstate and intrastate Joint Tandem Switched Transport Access rate elements for Toll Free Calls that are respectively no more than $0.001 per minute. ( 6 ) Reduce its interstate and intrastate rates for Toll Free Database Query Charges to no more than $0.004248 per query. Nothing in this section obligates or allows a Rate-of-Return carrier that has Toll Free Database Query Charges lower than this rate to make any intrastate or interstate tariff filing revision to increase such rates. ( n ) 8YY Transition—Step 3. Beginning July 1, 2022, and notwithstanding any other provision of the Commission's rules in this chapter, each Rate-of-Return Carrier shall: ( 1 ) Reduce its interstate and intrastate rates for all originating End Office Access Service rate elements for Toll Free Calls in each state in which it provides such service by one-half of the maximum rate allowed by paragraph (a) of this section; and ( 2 ) Reduce its rates for intrastate and interstate Toll Free Database Query Charges by one-half of the difference between the rate permitted by paragraph (m)(6) of this section and the transitional rate of $0.0002 per query set forth in paragraph (o)(2) of this section. ( o ) 8YY Transition—Step 4. Beginning on July 1, 2023, and notwithstanding any other provision of the Commission's rules in this chapter, each Rate-of-Return Carrier shall: ( 1 ) In accordance with a bill-and-keep methodology, refile its interstate switched access tariff and any state tariff to remove any intercarrier charges for all intrastate and interstate originating End Office Access Service for Toll Free Calls; and ( 2 ) Reduce its rates for all intrastate and interstate Toll Free Database Query Charges to a transitional rate of no more than $0.0002 per query. [ 76 FR 73856 , Nov. 29, 2011, as amended at 77 FR 48452 , Aug. 14, 2012; 78 FR 26267 , May 6, 2013; 79 FR 28845 , May 20, 2014; 85 FR 75917 , Nov. 27, 2020; 89 FR 25159 , Apr. 10, 2024] § 51.911 Access reciprocal compensation rates for competitive LECs. ( a ) Caps on Access Reciprocal Compensation and switched access rates. Notwithstanding any other provision of the Commission's rules: ( 1 ) In the case of Competitive LECs operating in an area served by a Price Cap Carrier, no such Competitive LEC may increase the rate for any originating or terminating intrastate switched access service above the rate for such service in effect on December 29, 2011. ( 2 ) In the case of Competitive LEC operating in an area served by an incumbent local exchange carrier that is a Rate-of-Return Carrier or Competitive LECs that are subject to the rural exemption in § 61.26(e) of this chapter , no such Competitive LEC may increase the rate for any originating or terminating intrastate switched access service above the rate for such service in effect on December 29, 2011, with the exception of intrastate originating access service. For such Competitive LECs, intrastate originating access service subject to this subpart shall remain subject to the same state rate regulation in effect December 31, 2011, as may be modified by the state thereafter. ( b ) Except as provided in paragraph (b)(7) of this section, beginning July 3, 2012, notwithstanding any other provision of the Commission's rules, each Competitive LEC that has tariffs on file with state regulatory authorities shall file intrastate access tariff provisions, in accordance with § 51.505(b)(2) , that set forth the rates applicable to Transitional Intrastate Access Service in each state in which it provides Transitional Intrastate Access Service. Each Competitive Local Exchange Carrier shall establish the rates for Transitional Intrastate Access Service using the following methodology. ( 1 ) Calculate total revenue from Transitional Intrastate Access Service at the carrier's interstate access rates in effect on December 29, 2011, using Fiscal Year 2011 intrastate switched access demand for each rate element. ( 2 ) Calculate total revenue from Transitional Intrastate Access Service at the carrier's intrastate access rates in effect on December 29, 2011, using Fiscal Year 2011 intrastate switched access demand for each rate element. ( 3 ) Calculate the Step 1 Access Revenue Reduction. The Step 1 Access Revenue Reduction is equal to one-half of the difference between the amount calculated in (b)(1) of this section and the amount calculated in (b)(2) of this section. ( 4 ) A Competitive Local Exchange Carrier may elect to establish rates for Transitional Intrastate Access Service using its intrastate access rate structure. Carriers using this option shall establish rates for Transitional Intrastate Access Service such that Transitional Intrastate Access Service revenue at the proposed rates is no greater than Transitional Intrastate Access Service revenue at the intrastate rates in effect as of December 29, 2011 less the Step 1 Access Revenue Reduction, using Fiscal year 2011 intrastate switched access demand. ( 5 ) In the alternative, a Competitive Local Exchange Carrier may elect to apply its interstate access rate structure and interstate rates to Transitional Intrastate Access Service. In addition to applicable interstate access rates, the carrier may assess a transitional per-minute charge on Transitional Intrastate Access Service end office switching minutes (previously billed as intrastate access). The transitional charge shall be no greater than the Step 1 Access Revenue Reduction divided by Fiscal year 2011 intrastate switched access demand ( 6 ) Except as provided in paragraph (b)(7) of this section, nothing in this section obligates or allows a Competitive LEC that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions raising such rates. ( 7 ) If a Competitive LEC must make an intrastate switched access rate reduction pursuant to paragraph (b) of this section, and that Competitive LEC has an intrastate rate for a rate element that is below the comparable interstate rate for that element, the Competitive LEC may increase the rate for any intrastate rate element that is below the comparable interstate rate for that element to the interstate rate no later than July 1, 2013; ( c ) Beginning July 1, 2013, notwithstanding any other provision of the Commission's rules, all Competitive Local Exchange Carrier Access Reciprocal Compensation rates for switched exchange access services subject to this subpart shall be no higher than the Access Reciprocal Compensation rates charged by the competing incumbent local exchange carrier, in accordance with the same procedures specified in § 61.26 of this chapter . ( d ) Cap on Database Query Charge. A Competitive Local Exchange Carrier assessing a tariffed intrastate or interstate Toll Free Database Query Charge shall cap such charge at the rate in effect on December 28, 2020. ( e ) Transition of cap on Database Query Charge. Beginning July 1, 2021, notwithstanding any other provision of the Commission's rules in this chapter, a Competitive Local Exchange Carrier assessing a tariffed intrastate or interstate Toll Free Database Query Charge shall revise its tariffs as necessary to ensure that its intrastate and interstate Toll Free Database Query Charges do not exceed the rates charged by the competing incumbent local exchange carrier, as defined in § 61.26(a)(2) of this chapter . [ 76 FR 73856 , Nov. 29, 2011, as amended at 77 FR 48452 , Aug. 14, 2012; 85 FR 75917 , Nov. 27, 2020; 85 FR 75917 , Nov. 27, 2020] § 51.913 Transition for VoIP-PSTN traffic. ( a ) ( 1 ) Terminating Access Reciprocal Compensation subject to this subpart exchanged between a local exchange carrier and another telecommunications carrier in Time Division Multiplexing (TDM) format that originates and/or terminates in IP format shall be subject to a rate equal to the relevant interstate terminating access charges specified by this subpart. Interstate originating Access Reciprocal Compensation subject to this subpart exchanged between a local exchange carrier and another telecommunications carrier in Time Division Multiplexing (TDM) format that originates and/or terminates in IP format shall be subject to a rate equal to the relevant interstate originating access charges specified by this subpart. ( 2 ) Until June 30, 2014, intrastate originating Access Reciprocal Compensation subject to this subpart exchanged between a local exchange carrier and another telecommunications carrier in Time Division Multiplexing (TDM) format that originates and/or terminates in IP format shall be subject to a rate equal to the relevant intrastate originating access charges specified by this subpart. Effective July 1, 2014, originating Access Reciprocal Compensation subject to this subpart exchanged between a local exchange carrier and another telecommunications carrier in Time Division Multiplexing (TDM) format that originates and/or terminates in IP format shall be subject to a rate equal to the relevant interstate originating access charges specified by this subpart. ( 3 ) Telecommunications traffic originates and/or terminates in IP format if it originates from and/or terminates to an end-user customer of a service that requires Internet protocol-compatible customer premises equipment. ( b ) Notwithstanding any other provision of the Commission's rules, a local exchange carrier shall be entitled to assess and collect the full Access Reciprocal Compensation charges prescribed by this subpart that are set forth in a local exchange carrier's interstate or intrastate tariff for the access services defined in § 51.903 regardless of whether the local exchange carrier itself delivers such traffic to the called party's premises or delivers the call to the called party's premises via contractual or other arrangements with an affiliated or unaffiliated provider of interconnected VoIP service, as defined in 47 U.S.C. 153(25) , or a non-interconnected VoIP service, as defined in 47 U.S.C. 153(36) , that does not itself seek to collect Access Reciprocal Compensation charges prescribed by this subpart for that traffic. This rule does not permit a local exchange carrier to charge for functions not performed by the local exchange carrier itself or the affiliated or unaffiliated provider of interconnected VoIP service or non-interconnected VoIP service. For purposes of this provision, functions provided by a LEC as part of transmitting telecommunications between designated points using, in whole or in part, technology other than TDM transmission in a manner that is comparable to a service offered by a local exchange carrier constitutes the functional equivalent of the incumbent local exchange carrier access service. [ 76 FR 73856 , Nov. 29, 2011, as amended at 77 FR 31536 , May 29, 2012] § 51.914 Additional provisions applicable to Access Stimulation traffic. ( a ) Notwithstanding any other provision of this part, if a local exchange carrier is engaged in Access Stimulation, as defined in § 61.3(bbb) of this chapter , it shall, within 45 days of commencing Access Stimulation, or within 45 days of July 3, 2023, whichever is later: ( 1 ) Not bill any Interexchange Carrier for interstate or intrastate terminating switched access tandem switching or terminating switched access transport charges for any traffic between such local exchange carrier's terminating end office or equivalent and the associated access tandem switch; and ( 2 ) Designate the Intermediate Access Provider(s), if any, that will provide terminating switched access tandem switching or terminating switched access tandem transport services to the local exchange carrier engaged in Access Stimulation; and ( 3 ) Assume financial responsibility for any applicable Intermediate Access Provider's charges for such services for any traffic between such local exchange carrier's terminating end office or equivalent and the associated access tandem switch. ( b ) Notwithstanding any other provision of this part, if a local exchange carrier is engaged in Access Stimulation, as defined in § 61.3(bbb) of this chapter , it shall, within 45 days of commencing Access Stimulation, or within 45 days of July 3, 2023, whichever is later, notify in writing the Commission, all Intermediate Access Providers that it subtends, and Interexchange Carriers with which it does business of the following: ( 1 ) That it is a local exchange carrier engaged in Access Stimulation; and ( 2 ) That it shall designate the Intermediate Access Provider(s), if any, that will provide the terminating switched access tandem switching or terminating switched access tandem transport services to the local exchange carrier engaged in Access Stimulation; and ( 3 ) That the local exchange carrier shall pay for those services as of that date. ( c ) Notwithstanding any other provision of the Commission's rules, if an IPES Provider, as defined in § 61.3(eee) of this chapter , is engaged in Access Stimulation, as defined in § 61.3(bbb) of this chapter , then within 45 days of commencing Access Stimulation, or within 45 days of July 3, 2023, whichever is later: ( 1 ) The IPES Provider shall designate the Intermediate Access Provider(s), if any, that will provide terminating switched access tandem switching or terminating switched access tandem transport services to the IPES Provider engaged in Access Stimulation; and further ( 2 ) The IPES Provider may assume financial responsibility for any applicable Intermediate Access Provider's charges for such services for any traffic between such IPES Provider's terminating end office or equivalent and the associated access tandem switch; and ( 3 ) The Intermediate Access Provider shall not assess any charges for such services to the Interexchange Carrier. ( d ) Notwithstanding any other provision of this part, if an internet Protocol Enabled Service (IPES) Provider, as defined in § 61.3(eee) of this chapter , is engaged in Access Stimulation, as defined in § 61.3(bbb) of this chapter , it shall, within 45 days of commencing Access Stimulation, or within 45 days after January 2, 2024, whichever is later, notify in writing the Commission, all Intermediate Access Providers that it subtends, and Interexchange Carriers with which it does business of the following: ( 1 ) That it is an IPES Provider engaged in Access Stimulation; and ( 2 ) That it shall designate the Intermediate Access Provider(s), if any, that will provide the terminating switched access tandem switching or terminating switched access tandem transport services directly, or indirectly through a local exchange carrier, to the IPES Provider engaged in Access Stimulation; and ( 3 ) Whether the IPES Provider will pay for those services as of that date. ( e ) In the event that an Intermediate Access Provider receives notice under paragraph (b) or (d) of this section that it has been designated to provide terminating switched access tandem switching or terminating switched access tandem transport services to a local exchange carrier engaged in Access Stimulation, as defined in § 61.3(bbb) of this chapter , or to an IPES Provider engaged in Access Stimulation, directly, or indirectly through a local exchange carrier, and that local exchange carrier engaged in Access Stimulation shall pay or the IPES Provider engaged in Access Stimulation may pay for such terminating access service from such Intermediate Access Provider, the Intermediate Access Provider shall not bill Interexchange Carriers for interstate or intrastate terminating switched access tandem switching or terminating switched access tandem transport service for traffic bound for such local exchange carrier or IPES Provider but, instead, shall bill such local exchange carrier or may bill such IPES Provider for such services. ( f ) Notwithstanding paragraphs (a) through (d) of this section, any local exchange carrier that is not itself engaged in Access Stimulation, as that term is defined in § 61.3(bbb) of this chapter , but serves as an Intermediate Access Provider with respect to traffic bound for a local exchange carrier engaged in Access Stimulation or bound for an IPES Provider engaged in Access Stimulation, shall not itself be deemed a local exchange carrier engaged in Access Stimulation or be affected by paragraphs (a) and (b) of this section. ( g ) Upon terminating its engagement in Access Stimulation, as defined in § 61.3(bbb) of this chapter , the local exchange carrier or IPES Provider engaged in Access Stimulation shall provide concurrent, written notification to the Commission and any affected Intermediate Access Provider(s) and Interexchange Carrier(s) of such fact. [ 88 FR 35762 , June 1, 2023, as amended at 88 FR 35762 , June 1, 2023; 88 FR 83829 , Dec. 1, 2023] § 51.915 Recovery mechanism for price cap carriers. ( a ) Scope. This section sets forth the extent to which Price Cap Carriers may recover certain revenues, through the recovery mechanism outlined below, to implement reforms adopted in FCC 11-161 and as required by § 20.11(b) of this chapter , and §§ 51.705 and 51.907 . ( b ) Definitions. As used in this section and § 51.917 , the following terms mean: ( 1 ) CALLS Study Area. A CALLS Study Area means a Price Cap Carrier study area that participated in the CALLS plan at its inception. See Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Low-Volume Long-Distance Users, Federal-State Joint Board on Universal Service, Sixth Report and Order in CC Docket Nos. 96-262 and 94-1, Report and Order in CC Docket No. 99-249, Eleventh Report and Order in CC Docket No. 96-45, 15 FCC Rcd 12962 (2000). ( 2 ) CALLS Study Area Base Factor. The CALLS Study Area Base Factor is equal to ninety (90) percent. ( 3 ) CMRS Net Reciprocal Compensation Revenues. CMRS Net Reciprocal Compensation Revenues means the reduction in net reciprocal compensation revenues required by § 20.11 of this chapter associated with CMRS traffic as described in § 51.701(b)(2) , which is equal to its Fiscal Year 2011 net reciprocal compensation revenues from CMRS carriers. ( 4 ) Expected Revenues for Access Recovery Charges. Expected Revenues for Access Recovery Charges are calculated using the tariffed Access Recovery Charge rate for each class of service and the forecast demand for each class of service. ( 5 ) Initial Composite Terminating End Office Access Rate. Initial Composite Terminating End Office Access Rate means Fiscal Year 2011 terminating interstate End Office Access Service revenue divided by Fiscal Year 2011 terminating interstate end office switching minutes. ( 6 ) Lifeline Customer. A Lifeline Customer is a residential lifeline subscriber as defined by § 54.400(a) of this chapter that does not pay a Residential and/or Single-Line Business End User Common Line Charge. ( 7 ) Net Reciprocal Compensation. Net Reciprocal Compensation means the difference between a carrier's reciprocal compensation revenues from non-access traffic less its reciprocal compensation payments for non-access traffic during a stated period of time. For purposes of the calculations made under §§ 51.915 and 51.917 , the term does not include reciprocal compensation revenues for non-access traffic exchanged between Local Exchange Carriers and CMRS providers; recovery for such traffic is addressed separately in these sections. ( 8 ) Non-CALLS Study Area. Non-CALLS Study Area means a Price Cap Carrier study area that did not participate in the CALLS plan at its inception. ( 9 ) Non-CALLS Study Area Base Factor. The Non-CALLS Study Area Base Factor is equal to one hundred (100) percent for five (5) years beginning July 1, 2012. Beginning July 1, 2017, the Non-CALLS Price Cap Carrier Base Factor will be equal to ninety (90) percent. ( 10 ) Price Cap Carrier Traffic Demand Factor. The Price Cap Carrier Traffic Demand Factor, as used in calculating eligible recovery, is equal to ninety (90) percent for the one-year period beginning July 1, 2012. It is reduced by ten (10) percent of its previous value in each subsequent annual tariff filing. ( 11 ) Rate Ceiling Component Charges. The Rate Ceiling Component Charges consists of the federal end user common line charge and the Access Recovery Charge; the flat rate for residential local service (sometimes know as the “1FR” or “R1” rate), mandatory extended area service charges, and state subscriber line charges; per-line state high cost and/or state access replacement universal service contributions, state E911 charges, and state TRS charges. ( 12 ) Residential Rate Ceiling. The Residential Rate Ceiling, which consists of the total of the Rate Ceiling Component Charges, is set at $30 per month. The Residential Rate Ceiling will be the higher of the rate in effect on January 1, 2012, or the rate in effect on January 1 in any subsequent year. ( 13 ) True-up Revenues for Access Recovery Charge. True-up revenues for Access Recovery Charge are equal to (projected demand minus actual realized demand for Access Recovery Charges) times the tariffed Access Recovery Charge. This calculation shall be made separately for each class of service and shall be adjusted to reflect any changes in tariffed rates for the Access Recovery Charge. Realized demand is the demand for which payment has been received by the time the true-up is made. ( 14 ) Intrastate 2014 Composite Terminating End Office Access Rate. The Intrastate 2014 Composite Terminating End Office Access Rate as used in this section is determined by ( i ) If a separate terminating rate is not already generally available, developing separate intrastate originating and terminating end office rates in accordance with § 51.907(d)(1) using end office access rates at their June 30, 2014, rate caps; ( ii ) Multiplying the existing terminating June 30, 2014, intrastate end office access rates, or the terminating rates developed in paragraph (b)(14)(i) of this section, by the relevant Fiscal Year 2011 intrastate demand; and ( iii ) Dividing the sum of the revenues determined in paragraph (b)(14)(ii) of this section by 2011 Fiscal Year intrastate terminating local switching minutes. ( c ) 2011 Price Cap Carrier Base Period Revenue. 2011 Price Cap Carrier Base Period Revenue is equal to the sum of the following three components: ( 1 ) Terminating interstate end office switched access revenues and interstate Tandem-Switched Transport Access Service revenues for Fiscal Year 2011 received by March 31, 2012; ( 2 ) Fiscal Year 2011 revenues from Transitional Intrastate Access Service received by March 31, 2012; and ( 3 ) Fiscal Year 2011 reciprocal compensation revenues received by March 31, 2012, less fiscal year 2011 reciprocal compensation payments made by March 31, 2012. ( d ) Eligible recovery for Price Cap Carriers. ( 1 ) Notwithstanding any other provision of the Commission's rules, a Price Cap Carrier may recover the amounts specified in this paragraph through the mechanisms described in paragraphs (e) and (f) of this section. ( i ) Beginning July 1, 2012, a Price Cap Carrier's eligible recovery will be equal to the CALLS Study Area Base Factor and/or the Non-CALLS Study Area Base Factor, as applicable, multiplied by the sum of the following three components: ( A ) The amount of the reduction in Transitional Intrastate Access Service revenues determined pursuant to § 51.907(b)(2) multiplied by the Price Cap Carrier Traffic Demand Factor; ( B ) CMRS Net Reciprocal Compensation Revenues multiplied by the Price Cap Carrier Traffic Demand Factor; and ( C ) A Price Cap Carrier's reductions in Fiscal Year 2011 net reciprocal compensation revenues resulting from rate reductions required by § 51.705 , other than those associated with CMRS traffic as described in § 51.701(b)(2) , which may be calculated in one of the following ways: ( 1 ) Calculate the reduction in Fiscal Year 2011 net reciprocal compensation revenue as a result of rate reductions required by § 51.705 using Fiscal Year 2011 reciprocal compensation demand, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( 2 ) By using a composite reciprocal compensation rate as follows: ( i ) Establish a composite reciprocal compensation rate for its Fiscal Year 2011 reciprocal compensation receipts and its Fiscal Year 2011 reciprocal compensation payments by dividing its Fiscal Year 2011 reciprocal compensation receipts and payments by its respective Fiscal Year 2011 demand excluding demand for traffic exchanged pursuant to a bill-and-keep arrangement; ( ii ) Calculate the difference between each of the composite reciprocal compensation rates and the target reciprocal compensation rate set forth in § 51.705 for the year beginning July 1, 2012 multiply by the appropriate Fiscal Year 2011 demand, and then multiply by the Price Cap Carrier Traffic Demand Factor; or ( 3 ) For the purpose of establishing its recovery for net reciprocal compensation, a Price Cap Carrier may elect to forgo this step and receive no recovery for reductions in net reciprocal compensation. If a carrier elects this option, it may not change its election at a later date. ( ii ) Beginning July 1, 2013, a Price Cap Carrier's eligible recovery will be equal to the CALLS Study Area Base Factor and/or the Non-CALLS Study Area Base Factor, as applicable, multiplied by the sum of the following three components: ( A ) The cumulative amount of the reduction in Transitional Intrastate Access Service revenues determined pursuant to § 51.907(b)(2) and (c) multiplied by the Price Cap Carrier Traffic Demand Factor; and ( B ) CMRS Net Reciprocal Compensation Revenues multiplied by the Price Cap Carrier Traffic Demand Factor; and ( C ) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011 net reciprocal compensation revenues other than those associated with CMRS traffic as described in § 51.701(b)(2) resulting from rate reductions required by § 51.705 may be calculated in one of the following ways: ( 1 ) Calculate the cumulative reduction in Fiscal Year 2011 net reciprocal compensation revenue as a result of rate reductions required by § 51.705 using Fiscal Year 2011 reciprocal compensation demand and then multiply by the Price Cap Carrier Traffic Demand Factor; ( 2 ) By using a composite reciprocal compensation rate as follows: ( i ) Establish a composite reciprocal compensation rate for its Fiscal Year 2011 reciprocal compensation receipts and its Fiscal Year 2011 reciprocal compensation payments by dividing its Fiscal Year 2011 reciprocal compensation receipts and payments by its respective Fiscal Year 2011 demand excluding demand for traffic exchanged pursuant to a bill-and-keep arrangement; ( ii ) Calculate the difference between each of the composite reciprocal compensation rates and the target reciprocal compensation rate set forth in § 51.705 for the year beginning July 1, 2013, using the appropriate Fiscal Year 2011 demand, and then multiply by the Price Cap Carrier Traffic Demand Factor; or ( 3 ) For the purpose of establishing its recovery for net reciprocal compensation, a Price Cap Carrier may elect to forgo this step and receive no recovery for reductions in net reciprocal compensation. If a carrier elects this option, it may not change its election at a later date. ( iii ) Beginning July 1, 2014, a Price Cap Carrier's eligible recovery will be equal to the CALLS Study Area Base Factor and/or the Non-CALLS Study Area Base Factor, as applicable, multiplied by the sum of the amounts in paragraphs (d)(1)(iii)(A) through (d)(1)(iii)(E), of this section, and then adding the amount in paragraph (d)(1)(iii)(F) of this section to that amount: ( A ) The amount of the reduction in Transitional Intrastate Access Service revenues determined pursuant to § 51.907(b)(2) and (c) multiplied by the Price Cap Carrier Traffic Demand Factor; and ( B ) The reduction in interstate switched access revenues equal to the difference between the 2011 Baseline Composite Terminating End Office Access Rate and the 2014 Target Composite Terminating End Office Access Rate determined pursuant to § 51.907(d) using Fiscal Year 2011 terminating interstate end office switching minutes, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( C ) If the carrier reduced its 2014 Intrastate Terminating End Office Access Rate(s) pursuant to § 51.907(d)(2) , the reduction in revenues equal to the difference between either the Intrastate 2014 Composite Terminating End Office Access Rate and the Composite Terminating End Office Access Rate based on the maximum terminating end office rates that could have been charged on July 1, 2014, or the 2014 Target Composite Terminating End Office Access Rate, as applicable, using Fiscal Year 2011 terminating intrastate end office switching minutes, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( D ) CMRS Net Reciprocal Compensation Revenues multiplied by the Price Cap Carrier Traffic Demand Factor; and ( E ) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011 net reciprocal compensation revenues other than those associated with CMRS traffic as described in § 51.701(b)(2) resulting from rate reductions required by § 51.705 may be calculated in one of the following ways: ( 1 ) Calculate the cumulative reduction in Fiscal Year 2011 net reciprocal compensation revenue as a result of rate reductions required by § 51.705 using Fiscal Year 2011 reciprocal compensation demand, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( 2 ) By using a composite reciprocal compensation rate as follows: ( i ) Establish a composite reciprocal compensation rate for its Fiscal Year 2011 reciprocal compensation receipts and its Fiscal Year 2011 reciprocal compensation payments by dividing its Fiscal Year 2011 reciprocal compensation receipts and payments by its respective Fiscal Year 2011 demand excluding demand for traffic exchanged pursuant to a bill-and-keep arrangement; ( ii ) Calculate the difference between each of the composite reciprocal compensation rates and the target reciprocal compensation rate set forth in § 51.705 for the year beginning July 1, 2014, using the appropriate Fiscal Year 2011 demand, and then multiply by the Price Cap Carrier Traffic Demand Factor; or ( 3 ) For the purpose of establishing its recovery for net reciprocal compensation, a Price Cap Carrier may elect to forgo this step and receive no recovery for reductions in net reciprocal compensation. If a carrier elects this option, it may not change its election at a later date. ( F ) An amount equal to True-up Revenues for Access Recovery Charges for the year beginning July 1, 2012. ( iv ) Beginning July 1, 2015, a Price Cap Carrier's eligible recovery will be equal to the CALLS Study Area Base Factor and/or the Non-CALLS Study Area Base Factor, as applicable, multiplied by the sum of the amounts in paragraphs (d)(1)(iv)(A) through (d)(1)(iv)(E) of this section and then adding the amount in paragraph (d)(1)(iv)(F) of this section to that amount: ( A ) The amount of the reduction in Transitional Intrastate Access Service revenues determined pursuant to § 51.907(b)(2) and (c) multiplied by the Price Cap Carrier Traffic Demand Factor; ( B ) The reduction in interstate switched access revenues equal to the difference between the 2011 Baseline Composite Terminating End Office Access Rate and the 2015 Target Composite Terminating End Office Access Rate determined pursuant to § 51.907(e) using Fiscal Year 2011 terminating interstate end office switching minutes, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( C ) If the carrier reduced its Intrastate Terminating End Office Access Rate(s) pursuant to § 51.907(e)(1) , the reduction in intrastate switched access revenues equal to the difference between either the intrastate 2014 Composite Terminating End Office Access Rate and the Composite Terminating End Office Access Rate based on the maximum terminating end office rates that could have been charged on July 1, 2015, or the 2015 Target Composite Terminating End Office Access Rate, as applicable, using Fiscal Year 2011 terminating intrastate end office switching minutes, and then multiply by the Price Cap Carrier Traffic Demand Factor; and ( D ) CMRS Net Reciprocal Compensation Revenues multiplied by the Price Cap Carrier Traffic Demand Factor; ( E ) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011 net reciprocal compensation revenues other than those associated with CMRS traffic as described in § 51.701(b)(2) resulting from rate reductions required by § 51.705 may be calculated in one of the following ways: ( 1 ) Calculate the cumulative reduction in Fiscal Year 2011 net reciprocal compensation revenue as a result of rate reductions required by § 51.705 using Fiscal Year 2011 reciprocal compensation demand, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( 2 ) By using a composite reciprocal compensation rate as follows: ( i ) Establish a composite reciprocal compensation rate for its Fiscal Year 2011 reciprocal compensation receipts and its Fiscal Year 2011 reciprocal compensation payments by dividing its Fiscal Year 2011 reciprocal compensation receipts and payments by its respective Fiscal Year 2011 demand excluding demand for traffic exchanged pursuant to a bill-and-keep arrangement; ( ii ) Calculate the difference between each of the composite reciprocal compensation rates and the target reciprocal compensation rate set forth in § 51.705 for the year beginning July 1, 2015, using the appropriate Fiscal Year 2011 demand, and then multiply by the Price Cap Carrier Traffic Demand Factor; or ( 3 ) For the purpose of establishing its recovery for net reciprocal compensation, a Price Cap Carrier may elect to forgo this step and receive no recovery for reductions in net reciprocal compensation. If a carrier elects this option, it may not change its election at a later date. ( F ) An amount equal to True-up Revenues for Access Recovery Charges for the year beginning July 1, 2013. ( v ) Beginning July 1, 2016, a Price Cap Carrier's eligible recovery will be equal to the CALLS Study Area Base Factor and/or the Non-CALLS Study Area Base Factor, as applicable, multiplied by the sum of the amounts in paragraphs (d)(1)(v)(A) through (d)(1)(v)(E), of this section and then adding the amount in paragraph (d)(1)(v)(F) of this section to that amount: ( A ) The amount of the reduction in Transitional Intrastate Access Service revenues determined pursuant to § 51.907(b)(2) and (c) multiplied by the Price Cap Carrier Traffic Demand Factor; ( B ) The reduction in interstate switched access revenues equal to the difference between the 2011 Baseline Composite Terminating End Office Access Rate and $0.0007 determined pursuant to § 51.907(f) using Fiscal Year 2011 terminating interstate end office switching minutes, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( C ) If the carrier reduced its Intrastate Terminating End Office Access Rate(s) pursuant to § 51.907(f) , the reduction in revenues equal to the difference between either the Intrastate 2014 Composite Terminating End Office Access Rate and $0.0007 based on the maximum terminating end office rates that could have been charged on July 1, 2016, or the 2016 Target Composite Terminating End Office Access Rate, as applicable, using Fiscal Year 2011 terminating intrastate end office minutes, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( D ) CMRS Net Reciprocal Compensation Revenues multiplied by the Price Cap Carrier Traffic Demand Factor; ( E ) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011 net reciprocal compensation revenues other than those associated with CMRS traffic as described in § 51.701(b)(2) resulting from rate reductions required by § 51.705 may be calculated in one of the following ways: ( 1 ) Calculate the cumulative reduction in Fiscal Year 2011 net reciprocal compensation revenue as a result of rate reductions required by § 51.705 using Fiscal Year 2011 reciprocal compensation demand, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( 2 ) By using a composite reciprocal compensation rate as follows: ( i ) Establish a composite reciprocal compensation rate for its Fiscal Year 2011 reciprocal compensation receipts and its Fiscal Year 2011 reciprocal compensation payments by dividing its Fiscal Year 2011 reciprocal compensation receipts and payments by its respective Fiscal Year 2011 demand excluding demand for traffic exchanged pursuant to a bill-and-keep arrangement; ( ii ) Calculate the difference between each of the composite reciprocal compensation rates and the target reciprocal compensation rate set forth in § 51.705 for the year beginning July 1, 2016, using the appropriate Fiscal Year 2011 demand, and then multiply by the Price Cap Carrier Traffic Demand Factor; or ( 3 ) For the purpose of establishing its recovery for net reciprocal compensation, a Price Cap Carrier may elect to forgo this step and receive no recovery for reductions in net reciprocal compensation. If a carrier elects this option, it may not change its election at a later date. ( F ) An amount equal to True-up Revenues for Access Recovery Charges for the year beginning July 1, 2014. ( vi ) Beginning July 1, 2017, a Price Cap Carrier's eligible recovery will be equal to ninety (90) percent of the sum of the amounts in paragraphs (d)(1)(vi) through (d)(1)(vi)(F) of this section, and then adding the amount in paragraph (d)(1)(vi)(G) f this section to that amount: ( A ) The amount of the reduction in Transitional Intrastate Access Service revenues determined pursuant to § 51.907(b)(2) and (c) multiplied by the Price Cap Carrier Traffic Demand Factor; and ( B ) The reduction in interstate switched access revenues equal to the 2011 Baseline Composite Terminating End Office Access Rate using Fiscal Year 2011 terminating interstate end office switching minutes, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( C ) The reduction in revenues equal to the intrastate 2014 Composite terminating End Office Access Rate using Fiscal Year 2011 terminating intrastate end office switching minutes, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( D ) The reduction in revenues resulting from reducing the terminating Tandem-Switched Transport Access Service rate to $0.0007 pursuant to § 51.907(g)(2) using Fiscal Year 2011 terminating tandem-switched minutes, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( E ) CMRS Net Reciprocal Compensation Revenues multiplied by the Price Cap Carrier Traffic Demand Factor; and ( F ) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011 net reciprocal compensation revenues other than those associated with CMRS traffic as described in § 51.701(b)(2) resulting from rate reductions required by § 51.705 may be calculated in one of the following ways: ( 1 ) Calculate the cumulative reduction in Fiscal Year 2011 net reciprocal compensation revenue as a result of rate reductions required by § 51.705 using Fiscal Year 2011 reciprocal compensation demand, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( 2 ) By using a composite reciprocal compensation rate as follows: ( i ) Establish a composite reciprocal compensation rate for its Fiscal Year 2011 reciprocal compensation receipts and its Fiscal Year 2011 reciprocal compensation payments by dividing its Fiscal Year 2011 reciprocal compensation receipts and payments by its respective Fiscal Year 2011 demand excluding demand for traffic exchanged pursuant to a bill-and-keep arrangement; ( ii ) Calculate the difference between each of the composite reciprocal compensation rates and the target reciprocal compensation rate set forth in § 51.705 for the year beginning July 1, 2017, using the appropriate Fiscal Year 2011 demand, and then multiply by the Price Cap Carrier Traffic Demand Factor; or ( 3 ) For the purpose of establishing its recovery for net reciprocal compensation, a Price Cap Carrier may elect to forgo this step and receive no recovery for reductions in net reciprocal compensation. If a carrier elects this option, it may not change its election at a later date. ( G ) An amount equal to True-up Revenues for Access Recovery Charges for the year beginning July 1, 2015. ( vii ) Beginning July 1, 2018, a Price Cap Carrier's eligible recovery will be equal to ninety (90) percent of the sum of the amounts in paragraphs (d)(1)(vii)(A) though (d)(1)(vii)(G) of this section, and then adding the amount in paragraph (d)(1)(vii)(H) of this section to that amount: ( A ) The amount of the reduction in Transitional Intrastate Access Service revenues determined pursuant to § 51.907(b)(2) and (c) multiplied by the Price Cap Carrier Traffic Demand Factor; and: ( B ) The reduction in interstate switched access revenues equal to the 2011 Baseline Composite Terminating End Office Access Rate using Fiscal Year 2011 terminating interstate end office switching minutes, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( C ) The reduction in revenues equal to the intrastate 2014 Composite terminating End Office Access Rate using Fiscal Year 2011 terminating intrastate end office switching minutes, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( D ) The reduction in revenues resulting from reducing the terminating Tandem-Switched Transport Access Service rate to $0.0007 pursuant to § 51.907(g)(2) using Fiscal Year 2011 terminating tandem-switched minutes, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( E ) The reduction in revenues resulting from moving from a terminating Tandem-Switched Transport Access Service rate tariffed at a maximum of $0.0007 to removal of intercarrier charges pursuant to § 51.907(h) , if applicable, using Fiscal Year 2011 terminating tandem-switched minutes, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( F ) CMRS Net Reciprocal Compensation Revenues multiplied by the Price Cap Carrier Traffic Demand Factor; and ( G ) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011 net reciprocal compensation revenues other than those associated with CMRS traffic as described in § 51.701(b)(2) resulting from rate reductions required by § 51.705 may be calculated in one of the following ways: ( 1 ) Calculate the cumulative reduction in Fiscal Year 2011 net reciprocal compensation revenue as a result of rate reductions required by § 51.705 using Fiscal Year 2011 reciprocal compensation demand, and then multiply by the Price Cap Carrier Traffic Demand Factor; ( 2 ) By using a composite reciprocal compensation rate as follows: ( i ) Establish a composite reciprocal compensation rate for its Fiscal Year 2011 reciprocal compensation receipts and its Fiscal Year 2011 reciprocal compensation payments by dividing its Fiscal Year 2011 reciprocal compensation receipts and payments by its respective Fiscal Year 2011 demand excluding demand for traffic exchanged pursuant to a bill-and-keep arrangement; ( ii ) Calculate the difference between each of the composite reciprocal compensation rates and the target reciprocal compensation rate set forth in § 51.705 for the year beginning July 1, 2018, using the appropriate Fiscal Year 2011 demand, and then multiply by the Price Cap Carrier Traffic Demand Factor; or ( 3 ) For the purpose of establishing its recovery for net reciprocal compensation, a Price Cap Carrier may elect to forgo this step and receive no recovery for reductions in net reciprocal compensation. If a carrier elects this option, it may not change its election at a later date. ( H ) An amount equal to True-up Revenues for Access Recovery Charges for the year beginning July 1, 2016. ( viii ) Beginning July 1, 2019, and in subsequent years, a Price Cap Carrier's eligible recovery will be equal to the amount calculated in paragraph (d)(1)(vii)(A) through (d)(1)(vii)(H) of this section before the application of the Price Cap Carrier Traffic Demand Factor applicable in 2018 multiplied by the appropriate Price Cap Carrier Traffic Demand Factor for the year in question, and then adding an amount equal to True-up Revenues for Access Recovery Charges for the year beginning July 1 two years earlier. ( 2 ) If a Price Cap Carrier recovers any costs or revenues that are already being recovered through Access Recovery Charges or the Connect America Fund from another source, that carrier's ability to recover reduced switched access revenue from Access Recovery Charges or the Connect America Fund shall be reduced to the extent it receives duplicative recovery. Any duplicative recovery shall be reflected as a reduction to a carrier's Eligible Recovery calculated pursuant to § 51.915(d) . ( 3 ) A Price Cap Carrier seeking revenue recovery must annually certify as part of its tariff filings to the Commission and to the relevant state commission that the carrier is not seeking duplicative recovery in the state jurisdiction for any Eligible Recovery subject to the recovery mechanism. ( 4 ) If a Price Cap Carrier receives payment for Access Recovery Charges after the period used to measure the adjustment to reflect the differences between estimated and actual revenues, it shall treat such payments as actual revenues in the year the payment is received and shall reflect this as an additional adjustment for that year. ( e ) Access Recovery Charge. ( 1 ) A charge that is expressed in dollars and cents per line per month may be assessed upon end users that may be assessed an end user common line charge pursuant to § 69.152 of this chapter , to the extent necessary to allow the Price Cap Carrier to recover some or all of its eligible recovery determined pursuant to paragraph (d) of this section, subject to the caps described in paragraph (e)(5) of this section. A Price Cap Carrier may elect to forgo charging some or all of the Access Recovery Charge. ( 2 ) Total Access Recovery Charges calculated by multiplying the tariffed Access Recovery Charge by the projected demand for the year in question may not recover more than the amount of eligible recovery calculated pursuant to paragraph (d) of this section for the year beginning on July 1. ( 3 ) For the purposes of this section, a Price Cap Carrier holding company includes all of its wholly-owned operating companies that are price cap incumbent local exchange carriers. A Price Cap Carrier Holding Company may recover the eligible recovery attributable to any price cap study areas operated by its wholly-owned operating companies through assessments of the Access Recovery Charge on end users in any price cap study areas operated by its wholly owned operating companies that are price cap incumbent local exchange carriers. ( 4 ) Distribution of Access Recovery Charges among lines of different types. ( i ) A Price Cap Carrier holding company that does not receive ICC-replacement CAF support (whether because it elects not to or because it does not have sufficient eligible recovery after the Access Recovery Charge is assessed or imputed) may not recover a higher fraction of its total revenue recovery from Access Recovery Charges assessed on Residential and Single Line Business lines than: ( A ) The number of Residential and Single-Line Business lines divided by ( B ) The sum of the number of Residential and Single-Line Business lines and two (2) times the number of End User Common Line charges assessed on Multi-Line Business customers. ( ii ) For purposes of this subpart, Residential and Single Line Business lines are lines (other than lines of Lifeline Customers) assessed the residential and single line business end user common line charge and lines assessed the non-primary residential end user common line charge. ( iii ) For purposes of this subpart, Multi-Line Business Lines are lines assessed the multi-line business end user common line charge. ( 5 ) Per-line caps and other limitations on Access Recovery Charges ( i ) For each line other than lines of Lifeline Customers assessed a primary residential or single-line business end user common line charge or a non-primary residential end user common line charge pursuant to § 69.152 of this Chapter , a Price Cap Carrier may assess an Access Recovery Charge as follows: ( A ) Beginning July 1, 2012, a maximum of $0.50 per month for each line; ( B ) Beginning July 1, 2013, a maximum of $1.00 per month for each line; ( C ) Beginning July 1, 2014, a maximum of $1.50 per month for each line; ( D ) Beginning July 1, 2015, a maximum of $2.00 per month for each line; and ( E ) Beginning July 1, 2016, a maximum of $2.50 per month for each line. ( ii ) For each line assessed a multi-line business end user common line charge pursuant to § 69.152 of this chapter , a Price Cap Carrier may assess an Access Recovery Charge as follows: ( A ) Beginning July 1, 2012, a maximum of $1.00 per month for each multi-line business end user common line charge assessed; ( B ) Beginning July 1, 2013, a maximum of $2.00 per month for each multi-line business end user common line charge assessed; ( C ) Beginning July 1, 2014, a maximum of $3.00 per month for each multi-line business end user common line charge assessed; ( D ) Beginning July 1, 2015, a maximum of $4.00 per month for each multi-line business end user common line charge assessed; and ( E ) Beginning July 1, 2016, a maximum of $5.00 per month for each multi-line business end user common line charge assessed. ( iii ) The Access Recovery Charge allowed by paragraph (e)(5)(i) of this section may not be assessed to the extent that its assessment would bring the total of the Rate Ceiling Component Charges above the Residential Rate Ceiling on January 1 of that year. This limitation applies only to the first residential line obtained by a residential end user and does not apply to single-line business customers. ( iv ) The Access Recovery Charge allowed by paragraph (e)(5)(ii) of this section may not be assessed to the extent that its assessment would bring the total of the multi-line business end user common line charge and the Access Recovery Charge above $12.20 per line. ( v ) The Access Recovery Charge assessed on lines assessed the non-primary residential line end user common line charge in a study area may not exceed the Access Recovery Charge assessed on residential end-users' first residential line in that study area. ( vi ) The Access Recovery Charge may not be assessed on lines of any Lifeline Customers. ( vii ) If in any year, the Price Cap Carrier's Access Recovery Charge is not at its maximum, the succeeding year's Access Recovery Charge may not increase more than $.0.50 per line per month for charges assessed under paragraph (e)(5)(i) of this section or $1.00 per line per month for charges assessed under paragraph (e)(5)(ii) of this section. ( f ) Price Cap Carrier eligibility for CAF ICC Support. ( 1 ) A Price Cap Carrier shall elect in its July 1, 2012 access tariff filing whether it will receive CAF ICC Support under this paragraph. A Price Cap Carrier eligible to receive CAF ICC Support subsequently may elect at any time not to receive such funding. Once it makes the election not to receive CAFF ICC Support, it may not elect to receive such funding at a later date. ( 2 ) Beginning July 1, 2012, a Price Cap Carrier may recover any eligible recovery allowed by paragraph (d) that it could not have recovered through charges assessed pursuant to paragraph (e) of this section from CAF ICC Support pursuant to § 54.304 . For this purpose, the Price Cap Carrier must impute the maximum charges it could have assessed under paragraph (e) of this section. ( 3 ) Beginning July 1, 2017, a Price Cap Carrier may recover two-thirds ( 2 ⁄ 3 ) of the amount it otherwise would have been eligible to recover under paragraph (f)(2) from CAF ICC Support. ( 4 ) Beginning July 1, 2018, a Price Cap Carrier may recover one-third (1/3) of the amount it otherwise would have been eligible to recover under paragraph (f)(2) of this section from CAF ICC Support. ( 5 ) Beginning July 1, 2019, a Price Cap Carrier may no longer recover any amount related to revenue recovery under this paragraph from CAF ICC Support. ( 6 ) A Price Cap Carrier that elects to receive CAF ICC support must certify with its annual access tariff filing that it has complied with paragraphs (d) and (e) of this section, and, after doing so, is eligible to receive the CAF ICC support requested pursuant to paragraph (f) of this section. [ 76 FR 73856 , Nov. 29, 2011, as amended at 77 FR 48453 , Aug. 14, 2012; 78 FR 26268 , May 6, 2013; 79 FR 28846 , May 20, 2014] § 51.917 Revenue recovery for Rate-of-Return Carriers. ( a ) Scope. This section sets forth the extent to which Rate-of-Return Carriers may recover, through the recovery mechanism outlined in paragraphs (d) through (f) of this section, a portion of revenues lost due to rate reductions required by § 20.11(b) of this chapter , and §§ 51.705 and 51.909 . ( b ) Definitions. ( 1 ) 2011 Interstate Switched Access Revenue Requirement. 2011 Interstate Switched Access Revenue Requirement means: ( i ) For a Rate-of-Return Carrier that participated in the NECA 2011 annual switched access tariff filing, its projected interstate switched access revenue requirement associated with the NECA 2011 annual interstate switched access tariff filing; ( ii ) For a Rate-of-Return Carrier subject to § 61.38 of this chapter that filed its own annual access tariff in 2010 and did not participate in the NECA 2011 annual switched access tariff filing, its projected interstate switched access revenue requirement in its 2010 annual interstate switched access tariff filing; and ( iii ) For a Rate-of-Return Carrier subject to § 61.39 of this chapter that filed its own annual switched access tariff in 2011, its historically-determined annual interstate switched access revenue requirement filed with its 2011 annual interstate switched access tariff filing. ( 2 ) Expected Revenues. Expected Revenues from an access service are calculated using the default transition rate for that service specified by § 51.909 and forecast demand for that service. Expected Revenues from a non-access service are calculated using the default transition rate for that service specified by § 20.11 of this chapter or § 51.705 of this chapter and forecast net demand for that service. ( 3 ) Rate-of-Return Carrier Baseline Adjustment Factor. The Rate-of-Return Carrier Baseline Adjustment Factor, as used in calculating eligible recovery for Rate-of-Return Carriers, is equal to ninety-five (95) percent for the period beginning July 1, 2012. It is reduced by five (5) percent of its previous value in each subsequent annual tariff filing. ( 4 ) Revenue Requirement. Revenue Requirement is equal to a carrier's regulated operating costs plus an 11.25 percent return on a carrier's net rate base calculated in compliance with the provisions of parts 36 , 65 and 69 of this chapter . For an average schedule carrier, its Revenue Requirement shall be equal to the average schedule settlements it received from the pool, adjusted to reflect an 11.25 percent rate of return, or what it would have received if it had been a participant in the pool. If the reference is to an operating segment, these references are to the Revenue Requirement associated with that segment. ( 5 ) True-up Adjustment. The True-up Adjustment is equal to the True-up Revenues for any particular service for the period in question. ( 6 ) True-up Revenues. True-up Revenues from an access service are equal to (projected demand minus actual realized demand for that service) times the default transition rate for that service specified by § 51.909 . True-up Revenues from a non-access service are equal to (projected demand minus actual realized net demand for that service) times the default transition rate for that service specified by § 20.11(b) of this chapter or § 51.705 . Realized demand is the demand for which payment has been received, or has been made, as appropriate, by the time the true-up is made. ( 7 ) 2011 Rate-of-Return Carrier Base Period Revenue. 2011 Rate-of-Return Carrier Base Period Revenue is the sum of: ( i ) 2011 Interstate Switched Access Revenue Requirement; ( ii ) Fiscal Year 2011 revenues from Transitional Intrastate Access Service received by March 31, 2012; and ( iii ) Fiscal Year 2011 reciprocal compensation revenues received by March 31, 2012, less Fiscal Year 2011 reciprocal compensation payments paid and/or payable by March 31, 2012 ( c ) Base Period Revenue — ( 1 ) Adjustment for Access Stimulation activity. 2011 Rate-of-Return Carrier Base Period Revenue shall be adjusted to reflect the removal of any increases in revenue requirement or revenues resulting from Access Stimulation activity the Rate-of-Return Carrier engaged in during the relevant measuring period. A Rate-of-Return Carrier should make this adjustment for its initial July 1, 2012, tariff filing, but the adjustment may result from a subsequent Commission or court ruling. ( 2 ) Adjustment for merger, consolidation, or acquisition. Rate-of-Return Carriers subject to this section that merge with, consolidate with, or acquire, other Rate-of-Return Carriers shall establish combined Base Period Revenue and interstate revenue requirement levels as follows: ( i ) If the merger or acquisition is of two or more study areas, the Base Period Revenue and interstate revenue requirement levels of the study areas shall be added together to establish a new Base Period Revenue and interstate revenue requirement for the newly combined entity; or ( ii ) If a portion of a study area is being acquired and merged into another study area, the Base Period Revenue and interstate revenue requirement levels of the partial study area shall be based on the proportion of access lines acquired compared to the total access lines in the pre-merger study area. ( d ) Eligible Recovery for Rate-of-Return Carriers. ( 1 ) Notwithstanding any other provision of the Commission's rules, a Rate-of-Return Carrier may recover the amounts specified in this paragraph through the mechanisms described in paragraphs (e) and (f) of this section. ( i ) Beginning July 1, 2012, a Rate-of-Return Carrier's eligible recovery will be equal to the 2011 Rate-of-Return Carrier Base Period Revenue multiplied by the Rate-of-Return Carrier Baseline Adjustment Factor less: ( A ) The Expected Revenues from Transitional Intrastate Access Service for the year beginning July 1, 2012, reflecting forecasted demand multiplied by the rates in the rate transition contained in § 51.909 ; ( B ) The Expected Revenues from interstate switched access for the year beginning July 1, 2012, reflecting forecasted demand multiplied by the rates in the rate transition contained in § 51.909 ; and ( C ) Expected Net Reciprocal Compensation Revenues for the year beginning July 1, 2012 using the target methodology required by § 51.705 . ( ii ) Beginning July 1, 2013, a Rate-of-Return Carrier's eligible recovery will be equal to the 2011 Rate-of-Return Carrier Base Period Revenue multiplied by the Rate-of-Return Carrier Baseline Adjustment Factor less: ( A ) The Expected Revenues from Transitional Intrastate Access Service for the year beginning July 1, 2013, reflecting forecasted demand multiplied by the rates in the rate transition contained in § 51.909 ; ( B ) The Expected Revenues from interstate switched access for the year beginning July 1, 2013, reflecting forecasted demand multiplied by the rates in the rate transition contained in § 51.909 ; and ( C ) Expected Net Reciprocal Compensation Revenues for the year beginning July 1, 2013 using the target methodology required by § 51.705 . ( iii ) Beginning July 1, 2014, a Rate-of-Return Carrier's eligible recovery will be equal to the 2011 Rate-of-Return Carrier Base Period Revenue multiplied by the Rate-of-Return Carrier Baseline Adjustment Factor less: ( A ) The Expected Revenues from Transitional Intrastate Access Service for the year beginning July 1, 2014, reflecting forecasted demand multiplied by the rates in the rate transition contained in § 51.909 (including the reduction in intrastate End Office Switched Access Service rates), adjusted to reflect the True-Up Adjustment for Transitional Intrastate Access Service for the year beginning July 1, 2012; ( B ) The Expected Revenues from interstate switched access for the year beginning July 1, 2014, reflecting forecasted demand multiplied by the rates in the rate transition contained in § 51.909 , adjusted to reflect the True-Up Adjustment for Interstate Switched Access for the year beginning July 1, 2012; and ( C ) Expected Net Reciprocal Compensation Revenues for the year beginning July 1, 2014 using the target methodology required by § 51.705 , adjusted to reflect the True-Up Adjustment for Reciprocal Compensation for the year beginning July 1, 2012. ( D ) An amount equal to True-up Revenues for Access Recovery Charges for the year beginning July 1, 2012 multiplied by negative one. ( iv ) Beginning July 1, 2015, and for all subsequent years, a Rate-of-Return Carrier's eligible recovery will be calculated by updating the procedures set forth in paragraph (d)(1)(iii) of this section for the period beginning July 1, 2014, to reflect the passage of an additional year in each subsequent year. ( v ) If a Rate-of-Return Carrier receives payments for intrastate or interstate switched access services or for Access Recovery Charges after the period used to measure the adjustments to reflect the differences between estimated and actual revenues, it shall treat such payments as actual revenue in the year the payment is received and shall reflect this as an additional adjustment for that year. ( vi ) If a Rate-of-Return Carrier receives or makes reciprocal compensation payments after the period used to measure the adjustments to reflect the differences between estimated and actual net reciprocal compensation revenues, it shall treat such amounts as actual revenues or payments in the year the payment is received or made and shall reflect this as an additional adjustment for that year. ( vii ) If a Rate-of-Return Carrier recovers any costs or revenues that are already being recovered as Eligible Recovery through Access Recovery Charges or the Connect America Fund from another source, that carrier's ability to recover reduced switched access revenue from Access Recovery Charges or the Connect America Fund shall be reduced to the extent it receives duplicative recovery. Any duplicative recovery shall be reflected as a reduction to a carrier's Eligible Recovery calculated pursuant to § 51.917(d) . A Rate-of-Return Carrier seeking revenue recovery must annually certify as part of its tariff filings to the Commission and to the relevant state commission that the carrier is not seeking duplicative recovery in the state jurisdiction for any Eligible Recovery subject to the recovery mechanism. ( viii ) ( A ) If a Rate-of-Return Carrier in any tariff period underestimates its projected demand for services covered by § 51.917(b)(6) or 51.915(b)(13) , and thus has too much Eligible Recovery in that tariff period, it shall refund the amount of any such True-up Revenues or True-up Revenues for Access Recovery Charge that are not offset by the Rate-of-Return Carrier's Eligible Recovery (calculated before including the true-up amounts in the Eligible Recovery calculation) in the true-up tariff period to the Administrator by August 1 following the date of the Rate-of-Return Carrier's annual access tariff filing. ( B ) If a Rate-of-Return Carrier in any tariff period receives too little Eligible Recovery because it overestimates its projected demand for services covered by § 51.917(b)(6) or 51.915(b)(13) , which True-up Revenues and True-up Revenues for Access Recovery Charge it cannot recover in the true-up tariff period because the Rate-of-Return Carrier has a negative Eligible Recovery in the true-up tariff period (before calculating the true-up amount in the Eligible Recovery calculation), the Rate-of-Return Carrier shall treat the unrecoverable true-up amount as its Eligible Recovery for the true-up tariff period. ( e ) Access Recovery Charge. ( 1 ) A charge that is expressed in dollars and cents per line per month may be assessed upon end users that may be assessed a subscriber line charge pursuant to § 69.104 of this chapter , to the extent necessary to allow the Rate-of-Return Carrier to recover some or all of its Eligible Recovery determined pursuant to paragraph (d) of this section, subject to the caps described in paragraph (e)(6) of this section. A Rate-of-Return Carrier may elect to forgo charging some or all of the Access Recovery Charge. ( 2 ) Total Access Recovery Charges calculated by multiplying the tariffed Access Recovery Charge by the projected demand for the year may not recover more than the amount of eligible recovery calculated pursuant to paragraph (d) of this section for the year beginning on July 1. ( 3 ) For the purposes of this section, a Rate-of-Return Carrier holding company includes all of its wholly-owned operating companies. A Rate-of-Return Carrier Holding Company may recover the eligible recovery attributable to any Rate-of-Return study areas operated by its wholly-owned operating companies that are Rate-of-Return incumbent local exchange carriers through assessments of the Access Recovery Charge on end users in any Rate-of-Return study areas operated by its wholly-owned operating companies that are Rate-of-Return incumbent local exchange carriers. ( 4 ) Distribution of Access Recovery Charges among lines of different types ( i ) A Rate-of-Return Carrier that does not receive ICC-replacement CAF support (whether because they elect not to or because they do not have sufficient eligible recovery after the Access Recovery Charge is assessed or imputed) may not recover a higher ratio of its total revenue recovery from Access Recovery Charges assessed on Residential and Single Line Business lines than the following ratio (using holding company lines): ( A ) The number of Residential and Single-Line Business lines assessed an End User Common Line charge (excluding Lifeline Customers), divided by ( B ) The sum of the number of Residential and Single-Line Business lines assessed an End User Common Line charge (excluding Lifeline Customers), and two (2) times the number of End User Common Line charges assessed on Multi-Line Business customers. ( 5 ) For purposes of this subpart, Residential and Single Line Business lines are lines (other than lines of Lifeline Customers) assessed the residential and single line business end user common line charge. ( i ) For purposes of this subpart, Multi-Line Business Lines are lines assessed the multi-line business end user common line charge. ( ii ) [Reserved] ( 6 ) Per-line caps and other limitations on Access Recovery Charges. ( i ) For each line other than lines of Lifeline Customers assessed a primary residential or single-line business end user common line charge pursuant to § 69.104 of this chapter , a Rate-of-Return Carrier may assess an Access Recovery Charge as follows: ( A ) Beginning July 1, 2012, a maximum of $0.50 per month for each line; ( B ) Beginning July 1, 2013, a maximum of $1.00 per month for each line; ( C ) Beginning July 1, 2014, a maximum of $1.50 per month for each line; ( D ) Beginning July 1, 2015, a maximum of $2.00 per month for each line; ( E ) Beginning July 1, 2016, a maximum of $2.50 per month for each line; and ( F ) Beginning July 1, 2017, a maximum of $3.00 per month for each line. ( ii ) For each line assessed a multi-line business end user common line charge pursuant to § 69.104 of this chapter , a Rate-of-Return Carrier may assess an Access Recovery Charge as follows: ( A ) Beginning July 1, 2012, a maximum of $1.00 per month for each multi-line business end user common line charge assessed; ( B ) Beginning July 1, 2013, a maximum of $2.00 per month for each multi-line business end user common line charge assessed; ( C ) Beginning July 1, 2014, a maximum of $3.00 per month for each multi-line business end user common line charge assessed; ( D ) Beginning July 1, 2015, a maximum of $4.00 per month for each multi-line business end user common line charge assessed; ( E ) Beginning July 1, 2016, a maximum of $5.00 per month for each multi-line business end user common line charge assessed; and ( F ) Beginning July 1, 2017, a maximum of $6.00 per month for each multi-line business end user common line charge assessed. ( iii ) The Access Recovery Charge allowed by paragraph (e)(6)(i) of this section may not be assessed to the extent that its assessment would bring the total of the Rate Ceiling Component Charges above the Residential Rate Ceiling. This limitation does not apply to single-line business customers. ( iv ) The Access Recovery Charge allowed by paragraph (e)(6)(ii) of this section may not be assessed to the extent that its assessment would bring the total of the multi-line business end user common line charge and the Access Recovery Charge above $12.20 per line. ( v ) The Access Recovery Charge may not be assessed on lines of Lifeline Customers. ( vi ) If in any year, the Rate of return carriers' Access Recovery Charge is not at its maximum, the succeeding year's Access Recovery Charge may not increase more than $0.50 per line for charges under paragraph (e)(6)(i) of this section or $1.00 per line for charges assessed under paragraph (e)(6)(ii) of this section. ( vii ) A Price Cap Carrier with study areas that are subject to rate-of-return regulation shall recover its eligible recovery for such study areas through the recovery procedures specified in this section. For that purpose, the provisions of paragraph (e)(3) of this section shall apply to the rate-of-return study areas if the applicable conditions in paragraph (e)(3) of this section are met. ( f ) Rate-of-Return Carrier eligibility for CAF ICC Recovery. ( 1 ) A Rate-of-Return Carrier shall elect in its July 1, 2012 access tariff filing whether it will receive CAF ICC Support under this paragraph. A Rate-of-Return Carrier eligible to receive CAF ICC Support subsequently may elect at any time not to receive such funding. Once it makes the election not to receive CAF ICC Support, it may not elect to receive such funding at a later date. ( 2 ) Beginning July 1, 2012, a Rate-of-Return Carrier may recover any eligible recovery allowed by paragraph (d) of this section that it could not have recovered through charges assessed pursuant to paragraph (e) of this section from CAF ICC Support pursuant to § 54.304 . For this purpose, the Rate-of-Return Carrier must impute the maximum charges it could have assessed under paragraph (e) of this section. ( 3 ) A Rate-of-Return Carrier that elects to receive CAF ICC support must certify with its annual access tariff filing that it has complied with paragraphs (d) and (e), and, after doing so, is eligible to receive the CAF ICC support requested pursuant to paragraph (f) of this section. ( 4 ) Except as provided in paragraph (f)(5) of this section, a Rate-of-Return Carrier must impute an amount equal to the Access Recovery Charge for each Consumer Broadband-Only Loop line that receives support pursuant to § 54.901 of this chapter , with the imputation applied before CAF-ICC recovery is determined. The per line per month imputation amount shall be equal to the Access Recovery Charge amount prescribed by paragraph (e) of this section, consistent with the residential or single-line business or multi-line business status of the retail customer. ( 5 ) Notwithstanding paragraph (f)(4) of this section, commencing July 1, 2018 and ending June 30, 2023, the maximum total dollar amount a carrier must impute on supported consumer broadband-only loops is limited as follows: ( i ) For the affected tariff year, the carrier shall compare the amounts in paragraphs (f)(5)(i)(A) and (B) of this section. ( A ) The sum of the revenues from projected Access Recovery Charges assessed pursuant to paragraph (e) of this section, any amounts imputed pursuant to paragraph (f)(2) of this section, and any imputation pursuant to paragraph (f)(4) of this section. ( B ) The sum of the revenues from Access Recovery Charges assessed pursuant to paragraph (e) of this section and any amounts imputed pursuant to paragraph (f)(2) of this section for tariff year 2015-16, after being trued-up. ( ii ) If the amount determined in paragraph (f)(5)(i)(A) of this section is greater than the amount determined in paragraph (f)(5)(i)(B), the sum of the revenues from projected Access Recovery Charges assessed pursuant to paragraph (e) of this section and any amounts imputed pursuant to paragraph (f)(2) of this section for the affected year must be compared to the amount determined in paragraph (f)(5)(ii)(B) of this section. ( A ) If the former amount is greater than the latter amount, no imputation is made on Consumer Broadband-Only Loops. ( B ) If the former amount is equal to or less than the latter amount, the imputation on Consumer Broadband-Only Loops is limited to the difference between the two amounts. [ 76 FR 73856 , Nov. 29, 2011, as amended at 77 FR 14302 , Mar. 9, 2012; 78 FR 26268 , May 6, 2013; 79 FR 28847 , May 20, 2014; 80 FR 15909 , Mar. 26, 2015; 81 FR 24337 , Apr. 25, 2016; 83 FR 14189 , Apr. 3, 2018; 84 FR 57651 , Oct. 28, 2019; 89 FR 25159 , Apr. 10, 2024] § 51.919 Reporting and monitoring. ( a ) A Price Cap Carrier that elects to participate in the recovery mechanism outlined in § 51.915 shall, beginning in 2012, file with the Commission the data consistent with Section XIII (f)(3) of FCC 11-161 with its annual access tariff filing. ( b ) A Rate-of-Return Carrier that elects to participate in the recovery mechanism outlined in § 51.917 shall file with the Commission the data consistent with Section XIII (f)(3) of FCC 11-161 with its annual interstate access tariff filing, or on the date such a filing would have been required if it had been required to file in that year. Effective Date Note Effective Date Note: At 76 FR 73856 , Nov. 29, 2011, § 51.919 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.
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PART 32—UNIFORM SYSTEM OF ACCOUNTS FOR TELECOMMUNICATIONS COMPANIES Authority: 47 U.S.C. 219 , 220 as amended, unless otherwise noted. Source: 51 FR 43499 , Dec. 2, 1986, unless otherwise noted. Subpart A—Preface § 32.1 Background. The revised Uniform System of Accounts (USOA) is a historical financial accounting system which reports the results of operational and financial events in a manner which enables both management and regulators to assess these results within a specified accounting period. The USOA also provides the financial community and others with financial performance results. In order for an accounting system to fulfill these purposes, it must exhibit consistency and stability in financial reporting (including the results published for regulatory purposes). Accordingly, the USOA has been designed to reflect stable, recurring financial data based to the extent regulatory considerations permit upon the consistency of the well-established body of accounting theories and principles commonly referred to as generally accepted accounting principles (GAAP). The rules of this part, and any other rules or orders that are derivative of or dependent on the rules in this part, do not apply to price cap companies, and rate-of-return telephone companies offering business data services pursuant to § 61.50 of this chapter , that have opted-out of USOA requirements pursuant to the conditions specified by the Commission in § 32.11(g) . [ 83 FR 67121 , Dec. 28, 2018] § 32.2 Basis of the accounts. ( a ) The financial accounts of a company are used to record, in monetary terms, the basic transactions which occur. Certain natural groupings of these transactions are called (in different contexts) transaction cycles, business processes, functions or activities. The concept, however, is the same in each case; i.e., the natural groupings represent what happens within the company on a consistent and continuing basis. This repetitive nature of the natural groupings, over long periods of time, lends an element of stability to the financial account structure. ( b ) Within the telecommunications industry companies, certain recurring functions (natural groupings) do take place in the course of providing products and services to customers. These accounts reflect, to the extent feasible, those functions. For example, the primary bases of the accounts containing the investment in telecommunications plant are the functions performed by the assets. In addition, because of the anticipated effects of future innovations, the telecommunications plant accounts are intended to permit technological distinctions. Similarly, the primary bases of plant operations, customer operations and corporate operations expense accounts are the functions performed by individuals. The revenue accounts, on the other hand, reflect a market perspective of natural groupings based primarily upon the products and services purchased by customers. ( c ) In the course of developing the bases for this account structure, several other alternatives were explored. It was, for example, determined that, because of the variety and continual changing of various cost allocation mechanisms, the financial accounts of a company should not reflect an a priori allocation of revenues, investments or expenses to products or services, jurisdictions or organizational structures. (Note also § 32.14 (c) and (d) of subpart B.) It was also determined that costs (in the case of assets) should not be recorded based solely upon physical attributes such as location, description or size. ( d ) Care has been taken in this account structure to avoid confusing a function with an organizational responsibility, particularly as it relates to the expense accounts. Whereas in the past, specific organizations may have performed specific functions, the future environment with its increasing mechanization and other changes will result in entirely new or restructured organizations. Thus, any relationships drawn between organizations and accounts would become increasingly meaningless with the passage of time. ( e ) These accounts, then, are intended to reflect a functional and technological view of the telecommunications industry. This view will provide a stable and consistent foundation for the recording of financial data. ( f ) The financial data contained in the accounts, together with the detailed information contained in the underlying financial and other subsidiary records required by this Commission, will provide the information necessary to support separations, cost of service and management reporting requirements. The basic account structure has been designed to remain stable as reporting requirements change. § 32.3 [Reserved] § 32.4 Communications Act. Attention is directed to the following extract from section 220 of the Communications Act of 1934, 47 U.S.C. 220 (1984): (e) Any person who shall willfully make any false entry in the accounts of any book of accounts or in any record or memoranda kept by any such carrier, or who shall willfully destroy, mutilate, alter, or by any other means or device falsify any such account, record, or memoranda, or who shall willfully neglect or fail to make full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of the carrier, shall be deemed guilty of a misdemeanor, and shall be subject, upon conviction, to a fine of not less than $1,000 nor more than $5,000 or imprisonment for a term of not less than one year nor more than three years, or both such fine and imprisonment: Provided, that the Commission may in its discretion issue orders specifying such operating, accounting or financial papers, records, books, blanks, or documents which may, after a reasonable time, be destroyed, and prescribing the length of time such books, papers, or documents shall be preserved. For regulations governing the periods for which records are to be retained, see part 42, Preservation of Records of Communications Common Carriers, of this chapter which relates to preservation of records. Subpart B—General Instructions § 32.11 Companies subject to this part. ( a ) This part applies to every incumbent local exchange carrier, as defined in section 251(h) of the Communications Act, and any other carrier that the Commission designates by order. This part refers to such carriers as “companies” or “Class B companies.” Incumbent local exchange carriers' successor or assign companies, as defined in section 251(h)(1)(B)(ii) of the Communications Act, that are found to be non-dominant by the Commission, will not be subject to this Uniform System of Accounts. ( b ) — ( f ) [Reserved] ( g ) Notwithstanding paragraph (a) of this section, a price cap company, or a rate-of-return telephone company offering business data services pursuant to § 61.50 of this chapter , that elects to calculate its pole attachment rates pursuant to § 1.1406(e) of this chapter will not be subject to this Uniform System of Accounts. [ 67 FR 5679 , Feb. 6, 2002, as amended at 69 FR 53648 , Sept. 2, 2004; 82 FR 20840 , May 4, 2017; 83 FR 67121 , Dec. 28, 2018] § 32.12 Records. ( a ) The company's financial records shall be kept in accordance with generally accepted accounting principles to the extent permitted by this system of accounts. ( b ) The company's financial records shall be kept with sufficient particularity to show fully the facts pertaining to all entries in these accounts. The detail records shall be filed in such manner as to be readily accessible for examination by representatives of this Commission. ( c ) The Commission shall require a company to maintain financial and other subsidiary records in such a manner that specific information, of a type not warranting disclosure as an account or subaccount, will be readily available. When this occurs, or where the full information is not otherwise recorded in the general books, the subsidiary records shall be maintained in sufficient detail to facilitate the reporting of the required specific information. The subsidiary records, in which the full details are shown, shall be sufficiently referenced to permit ready identification and examination by representatives of this Commission. § 32.13 Accounts—general. ( a ) As a general rule, all accounts kept by reporting companies shall conform in numbers and titles to those prescribed herein. However, reporting companies may use different numbers for internal purposes when separate accounts (or subaccounts) maintained are consistent with the title and content of accounts and subaccounts prescribed in this system. ( 1 ) A company may subdivide any of the accounts prescribed. The titles of all such subaccounts shall refer by number or title to the controlling account. ( 2 ) A company may establish temporary or experimental accounts without prior notice to the Commission. ( b ) Exercise of the preceding options shall be allowed only if the integrity of the prescribed accounts is not impaired. ( c ) As of the date a company becomes subject to the system of accounts, the company is authorized to make any such subdivisions, reclassifications or consolidations of existing balances as are necessary to meet the requirements of this system of accounts. ( d ) Nothing contained in this part shall prohibit or excuse any company, receiver, or operating trustee of any carrier from subdividing the accounts hereby prescribed for the purpose of: ( 1 ) Complying with the requirements of the state commission(s) having jurisdiction; or ( 2 ) Securing the information required in the prescribed reports to such commission(s). ( e ) Where the use of subsidiary records is considered necessary in order to secure the information required in reports to any state commission, the company shall incorporate the following controls into their accounting system with respect to such subsidiary records: ( 1 ) Subsidiary records shall be reconciled to the company's general ledger or books of original entry, as appropriate. ( 2 ) The company shall adequately document the accounting procedures related to subsidiary records. ( 3 ) The subsidiary records shall be maintained at an adequate level of detail to satisfy state regulators. [ 51 FR 43499 , Dec. 2, 1986, as amended at 65 FR 16334 , Mar. 28, 2000; 67 FR 5679 , Feb. 6, 2002] § 32.14 Regulated accounts. ( a ) In the context of this part, the regulated accounts shall be interpreted to include the investments, revenues and expenses associated with those telecommunications products and services to which the tariff filing requirements contained in Title II of the Communications Act of 1934, as amended, are applied, except as may be otherwise provided by the Commission. Regulated telecommunications products and services are thereby fully subject to the accounting requirements as specified in Title II of the Communications Act of 1934, as amended, and as detailed in subparts A through F of this part of the Commission's Rules and Regulations. ( b ) In addition to those amounts considered to be regulated by the provisions of paragraph (a) of this section, those telecommunications products and services to which the tariff filing requirements of the several state jurisdictions are applied shall be accounted for as regulated, except where such treatment is proscribed or otherwise excluded from the requirements pertaining to regulated telecommunications products and services by this Commission. ( c ) In the application of detailed accounting requirements contained in this part, when a regulated activity involves the common or joint use of assets and resources in the provision of regulated and nonregulated products and services, companies shall account for these activities within the accounts prescribed in this system for telephone company operations. Assets and expenses shall be subdivided in subsidiary records among amounts solely assignable to nonregulated activities, amounts solely assignable to regulated activities, and amounts related to assets used and expenses incurred jointly or in common, which will be allocated between regulated and nonregulated activities. Companies shall submit reports identifying regulated and nonregulated amounts in the manner and at the times prescribed by this Commission. Nonregulated revenue items not qualifying for incidental treatment, as provided in § 32.4999(l) , shall be recorded in Account 5280, Nonregulated operating revenue. ( d ) Other income items which are incidental to the provision of regulated products and services shall be accounted for as regulated activities. ( e ) All costs and revenues related to the offering of regulated products and services which result from arrangements for joint participation or apportionment between two or more telephone companies (e.g., joint operating agreements, settlement agreements, cost-pooling agreements) shall be recorded within the detailed accounts. Under joint operating agreements, the creditor will initially charge the entire expenses to the appropriate primary accounts. The proportion of such expenses borne by the debtor shall be credited by the creditor and charged by the debtor to the account initially charged. Any allowances for return on property used will be accounted for as provided in Account 5200, Miscellaneous revenue. ( f ) All items of nonregulated revenue, investment and expense that are not properly includible in the detailed, regulated accounts prescribed in subparts A through F of this part , as determined by paragraphs (a) through (e) of this section shall be accounted for and included in reports to this Commission as specified in § 32.23 of this subpart . [ 51 FR 43499 , Dec. 2, 1986, as amended at 52 FR 6560 , Mar. 4, 1987; 53 FR 49321 , Dec. 7, 1988; 67 FR 5679 , Feb. 6, 2002] § 32.15 [Reserved] § 32.16 Changes in accounting standards. ( a ) The company's records and accounts shall be adjusted to apply new accounting standards prescribed by the Financial Accounting Standards Board or successor authoritative accounting standard-setting groups, in a manner consistent with generally accepted accounting principles. The change in an accounting standard will automatically take effect 90 days after the company informs this Commission of its intention to follow the new standard, unless the Commission notifies the company to the contrary. Any change adopted shall be disclosed in annual reports required by § 43.21(f) of this chapter in the year of adoption. ( b ) The changes in accounting standards which this Commission approves will not necessarily be binding on the ratemaking practices of the various state commissions. [ 51 FR 43499 , Dec. 2, 1986, as amended at 64 FR 50007 , Sept. 15, 1999; 67 FR 5679 , Feb. 6, 2002] § 32.17 Interpretation of accounts. To the end that uniform accounting shall be maintained within the prescribed system, questions involving significant matters which are not clearly provided for shall be submitted to the Chief, Wireline Competition Bureau, for explanation, interpretation, or resolution. Questions and answers thereto with respect to this system of accounts will be maintained by the Wireline Competition Bureau. [ 67 FR 13225 , Mar. 21, 2002] § 32.18 Waivers. A waiver from any provision of this system of accounts shall be made by the Federal Communications Commission upon its own initiative or upon the submission of written request therefor from any telecommunications company, or group of telecommunications companies, provided that such a waiver is in the public interest and each request for waiver expressly demonstrates that: existing peculiarities or unusual circumstances warrant a departure from a prescribed procedure or technique; a specifically defined alternative procedure or technique will result in a substantially equivalent or more accurate portrayal of operating results or financial condition, consistent with the principles embodied in the provisions of this system of accounts; and the application of such alternative procedure will maintain or improve uniformity in substantive results as among telecommunications companies. § 32.19 Address for reports and correspondence. Reports, statements, and correspondence submitted to the Federal Communications Commission in accordance with or relating to instructions and requirements contained herein shall be addressed to the Wireless Competition Bureau, Federal Communications Commission, Washington, DC 20554. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 13225 , Mar. 21, 2002] § 32.20 Numbering convention. ( a ) The number “32” (appearing to the left of the first decimal point) indicates the part number. ( b ) The numbers immediately following to the right of the decimal point indicate, respectively, the section or account. All Part 32 Account numbers contain 4 digits to-the-right-of the decimal point. ( c ) Cross references to accounts are made by citing the account numbers to the right of the decimal point; e.g., Account 2232 rather than the corresponding complete part 32 reference number 32.2232. § 32.21 Sequence of accounts. The order in which the accounts are presented in this system of accounts is not to be considered as necessarily indicative of the order in which they will be scheduled at all times in reports to this Commission. § 32.22 Comprehensive interperiod tax allocation. ( a ) Companies shall apply interperiod tax allocation (tax normalization) to all book/tax temporary differences which would be considered material for published financial report purposes. Furthermore, companies shall also apply interperiod tax allocation if any item or group of similar items when aggregated would yield debit or credit entries which exceed or would exceed 5 percent of the gross deferred income tax expense debits or credits during any calendar year over the life of the temporary difference. The tax effects of book/tax temporary differences shall be normalized and the deferrals shall be included in the following accounts: 4100, Net Current Deferred Operating Income Taxes; 4110, Net Current Deferred Nonoperating Income Taxes; 4340, Net Noncurrent Deferred Operating Income Taxes; 4350, Net Noncurrent Deferred Nonoperating Income Taxes. In lieu of the accounting prescribed herein, any company shall treat the increase or reduction in current income taxes payable resulting from the use of flow through accounting in prior years as an increase or reduction in current tax expense. ( b ) Supporting documentation shall be maintained so as to separately identify the amount of deferred taxes which arise from the use of an accelerated method of depreciation. ( c ) Subsidiary records shall be used to reduce the deferred tax assets contained in the accounts specified in paragraph (a) of this section when it is likely that some portion or all of the deferred tax asset will not be realized. The amount recorded in the subsidiary record should be sufficient to reduce the deferred tax asset to the amount that is likely to be realized. ( d ) The records supporting the activity in the deferred income tax accounts shall be maintained in sufficient detail to identify the nature of the specific temporary differences giving rise to both the debits and credits to the individual accounts. ( e ) Any company that uses accelerated depreciation (or recognizes taxable income or losses upon the retirement of property) for income tax purposes shall normalize the tax differentials occasioned thereby as indicated in paragraphs (e)(1) and (e)(2) of this section. ( 1 ) With respect to the retirement of property the book/tax difference between ( i ) the recognition of proceeds as income and the accrual for salvage value and ( ii ) the book and tax capital recovery, shall be normalized. ( 2 ) Records shall be maintained so as to show the deferred tax amounts by vintage year separately for each class or subclass of eligible depreciable telephone plant for which an accelerated method of depreciation has been used for income tax purposes. When property is transferred to nonregulated activities, the associated deferred income taxes and unamortized investment tax credits shall also be identified and transferred to the appropriate nonregulated accounts. ( f ) The tax differentials to be normalized as specified in this section shall also encompass the additional effect of state and local income tax changes on Federal income taxes produced by the provision for deferred state and local income taxes for book/tax temporary differences related to such income taxes. ( g ) Companies that receive the tax benefits from the filing of a consolidated income tax return by the parent company, (pursuant to closing agreements with the Internal Revenue Service, effective January 1, 1966) representing the deferred income taxes from the elimination of intercompany profits for income tax purposes on sales of regulated equipment, may credit such deferred taxes directly to the plant account which contains such intercompany profit rather than crediting such deferred taxes to the applicable accounts in paragraph (a) of this section. If the deferred income taxes are recorded as a reduction of the appropriate plant accounts, such reduction shall be treated as reducing the original cost of the plant and accounted for as such. [ 51 FR 43499 , Dec. 2, 1986, as amended at 59 FR 9418 , Feb. 28, 1994] § 32.23 Nonregulated activities. ( a ) This section describes the accounting treatment of activities classified for accounting purposes as “nonregulated.” Preemptively deregulated activities and activities (other than incidental activities) never subject to regulation will be classified for accounting purposes as “nonregulated.” Activities that qualify for incidental treatment under the policies of this Commission will be classified for accounting purposes as regulated activities. Activities that have been deregulated by a state will be classified for accounting purposes as regulated activities. Activities that have been deregulated at the interstate level, but not preemptively deregulated, will be classified for accounting purposes as regulated activities until such time as this Commission decides otherwise. The treatment of nonregulated activities shall differ depending on the extent of the common or joint use of assets and resources in the provision of both regulated and nonregulated products and services. ( b ) When a nonregulated activity does not involve the joint or common use of assets and resources in the provision of both regulated and nonregulated products and services, carriers shall account for these activities on a separate set of books consistent with instructions set forth in §§ 32.1406 and 32.7990 . Transfers of assets, and sales of products and services between the regulated activity and a nonregulated activity for which a separate set of books is maintained, shall be accounted for in accordance with the rules presented in § 32.27 , Transactions with Affiliates. In the separate set of books, carriers may establish whatever detail they deem appropriate beyond what is necessary to provide this Commission with the information required in §§ 32.1406 and 32.7990 . ( c ) When a nonregulated activity does involve the joint or common use of assets and resources in the provision of regulated and nonregulated products and services, carriers shall account for these activities within accounts prescribed in this system for telephone company operations. Assets and expenses shall be subdivided in subsidiary records among amounts solely assignable to nonregulated activities, amounts solely assignable to regulated activities, and amounts related to assets and expenses incurred jointly or in common, which will be allocated between regulated and nonregulated activities. Carriers shall submit reports identifying regulated and nonregulated amounts in the manner and at the times prescribed by this Commission. Nonregulated revenue items not qualifying for incidental treatment as provided in § 32.4999(l) of this part , shall be recorded in separate subsidiary record categories of Account 5280, Nonregulated operating revenue. Amounts assigned or allocated to regulated products or services shall be subject to part 36 of this chapter . [ 52 FR 6560 , Mar. 4, 1987, as amended at 53 FR 49322 , Dec. 7, 1988; 59 FR 46930 , Sept. 13, 1994; 64 FR 50007 , Sept. 15, 1999] § 32.24 Compensated absences. ( a ) Companies shall record a liability and charge the appropriate expense accounts for compensated absences (vacations, sick leave, etc.) in the year in which these benefits are earned by employees. ( b ) With respect to the liability that exists for compensated absences which is not yet recorded on the books as of the effective date of this part, the liability shall be recorded in Account 4130. Other current liabilities, with a corresponding entry to Account 1438, Deferred maintenance, retirements and other deferred charges. This deferred charge shall be amortized on a straight-line basis over a period of ten years. ( c ) Records shall be maintained so as to show that no more than ten percent of the deferred charge is being amortized each year. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5679 , Feb. 6, 2002] § 32.25 Unusual items and contingent liabilities. Extraordinary items, prior period adjustments, and contingent liabilities may be recorded in the company's books of account without prior Commission approval. [ 65 FR 16334 , Mar. 28, 2000] § 32.26 Materiality. ( a ) Except as provided in paragraph (b) of this section, companies may abide by the materiality standards of GAAP when implementing this system of accounts. ( b ) For companies that receive High-Cost Loop Support, or Connect America Fund Broadband Loop Support, materiality shall be determined consistent with the general materiality guidelines promulgated by the Auditing Standards Board. [ 82 FR 20840 , May 4, 2017] § 32.27 Transactions with affiliates. ( a ) Unless otherwise approved by the Chief, Wireline Competition Bureau, transactions with affiliates involving asset transfers into or out of the regulated accounts shall be recorded by the carrier in its regulated accounts as provided in paragraphs (b) through (f) of this section. ( b ) Assets sold or transferred between a carrier and its affiliate pursuant to a tariff, including a tariff filed with a state commission, shall be recorded in the appropriate revenue accounts at the tariffed rate. Non-tariffed assets sold or transferred between a carrier and its affiliate that qualify for prevailing price valuation, as defined in paragraph (d) of this section, shall be recorded at the prevailing price. For all other assets sold by or transferred from a carrier to its affiliate, the assets shall be recorded at no less than the higher of fair market value and net book cost. For all other assets sold by or transferred to a carrier from its affiliate, the assets shall be recorded at no more than the lower of fair market value and net book cost. ( 1 ) Floor. When assets are sold by or transferred from a carrier to an affiliate, the higher of fair market value and net book cost establishes a floor, below which the transaction cannot be recorded. Carriers may record the transaction at an amount equal to or greater than the floor, so long as that action complies with the Communications Act of 1934, as amended, Commission rules and orders, and is not otherwise anti-competitive. ( 2 ) Ceiling. When assets are purchased from or transferred from an affiliate to a carrier, the lower of fair market value and net book cost establishes a ceiling, above which the transaction cannot be recorded. Carriers may record the transaction at an amount equal to or less than the ceiling, so long as that action complies with the Communications Act of 1934, as amended, Commission rules and orders, and is not otherwise anti-competitive. ( 3 ) Threshold. For purposes of this section carriers are required to make a good faith determination of fair market value for an asset when the total aggregate annual value of the asset(s) reaches or exceeds $500,000, per affiliate. When a carrier reaches or exceeds the $500,000 threshold for a particular asset for the first time, the carrier must perform the market valuation and value the transaction on a going-forward basis in accordance with the affiliate transactions rules on a going-forward basis. When the total aggregate annual value of the asset(s) does not reach or exceed $500,000, the asset(s) shall be recorded at net book cost. ( c ) Services provided between a carrier and its affiliate pursuant to a tariff, including a tariff filed with a state commission, shall be recorded in the appropriate revenue accounts at the tariffed rate. Non-tariffed services provided between a carrier and its affiliate pursuant to publicly-filed agreements submitted to a state commission pursuant to section 252(e) of the Communications Act of 1934 or statements of generally available terms pursuant to section 252(f) shall be recorded using the charges appearing in such publicly-filed agreements or statements. Non-tariffed services provided between a carrier and its affiliate that qualify for prevailing price valuation, as defined in paragraph (d) of this section, shall be recorded at the prevailing price. For all other services sold by or transferred from a carrier to its affiliate, the services shall be recorded at no less than the higher of fair market value and fully distributed cost. For all other services sold by or transferred to a carrier from its affiliate, the services shall be recorded at no more than the lower of fair market value and fully distributed cost. ( 1 ) Floor. When services are sold by or transferred from a carrier to an affiliate, the higher of fair market value and fully distributed cost establishes a floor, below which the transaction cannot be recorded. Carriers may record the transaction at an amount equal to or greater than the floor, so long as that action complies with the Communications Act of 1934, as amended, Commission rules and orders, and is not otherwise anti-competitive. ( 2 ) Ceiling. When services are purchased from or transferred from an affiliate to a carrier, the lower of fair market value and fully distributed cost establishes a ceiling, above which the transaction cannot be recorded. Carriers may record the transaction at an amount equal to or less than the ceiling, so long as that action complies with the Communications Act of 1934, as amended, Commission rules and orders, and is not otherwise anti-competitive. ( 3 ) Threshold. For purposes of this section, carriers are required to make a good faith determination of fair market value for a service when the total aggregate annual value of that service reaches or exceeds $500,000, per affiliate. When a carrier reaches or exceeds the $500,000 threshold for a particular service for the first time, the carrier must perform the market valuation and value the transaction in accordance with the affiliate transactions rules on a going-forward basis. All services received by a carrier from its affiliate(s) that exist solely to provide services to members of the carrier's corporate family shall be recorded at fully distributed cost. ( d ) In order to qualify for prevailing price valuation in paragraphs (b) and (c) of this section, sales of a particular asset or service to third parties must encompass greater than 25 percent of the total quantity of such product or service sold by an entity. Carriers shall apply this 25 percent threshold on an asset-by-asset and service-by-service basis, rather than on a product-line or service-line basis. In the case of transactions for assets and services subject to section 272, a BOC may record such transactions at prevailing price regardless of whether the 25 percent threshold has been satisfied. ( e ) Income taxes shall be allocated among the regulated activities of the carrier, its nonregulated divisions, and members of an affiliated group. Under circumstances in which income taxes are determined on a consolidated basis by the carrier and other members of the affiliated group, the income tax expense to be recorded by the carrier shall be the same as would result if determined for the carrier separately for all time periods, except that the tax effect of carry-back and carry-forward operating losses, investment tax credits, or other tax credits generated by operations of the carrier shall be recorded by the carrier during the period in which applied in settlement of the taxes otherwise attributable to any member, or combination of members, of the affiliated group. ( f ) Companies that employ average schedules in lieu of actual costs are exempt from the provisions of this section. For other organizations, the principles set forth in this section shall apply equally to corporations, proprietorships, partnerships and other forms of business organizations. [ 67 FR 5679 , Feb. 6, 2002, as amended at 69 FR 53648 , Sept. 2, 2004] Subpart C—Instructions for Balance Sheet Accounts § 32.101 Structure of the balance sheet accounts. The Balance Sheet accounts shall be maintained as follows: ( a ) Account 1120, Cash and equivalents, through Account 1500, Other jurisdictional assets—net, shall include assets other than regulated-fixed assets. ( b ) Account 2001, Telecommunications plant in service, through Account 2007, Goodwill, shall include the regulated-fixed assets. ( c ) Account 3100, Accumulated depreciation through Account 3400, Accumulated amortization—tangible, shall include the asset reserves except that reserves related to certain asset accounts will be included in the asset account. (See §§ 32.2005 , 32.2682 and 32.2690 .) ( d ) Account 4000, Current accounts and notes payable, through Account 4550, Retained earnings, shall include all liabilities and stockholders equity. [ 67 FR 5680 , Feb. 6, 2002, as amended at 82 FR 20840 , May 4, 2017] § 32.102 Nonregulated investments. Nonregulated investments shall include the investment in nonregulated activities that are conducted through the same legal entity as the telephone company operations, but do not involve the joint or common use of assets or resources in the provision of both regulated and nonregulated products and services. See §§ 32.14 and 32.23 . [ 52 FR 6561 , Mar. 4, 1987] § 32.103 Balance sheet accounts for other than regulated-fixed assets to be maintained. Balance sheet accounts to be maintained by companies for other than regulated-fixed assets are indicated as follows: Balance Sheet Accounts Account title Current assets Cash and equivalents 1120 Receivables 1170 Allowance for doubtful accounts 1171 Supplies: Material and supplies 1220 Prepayments 1280 Other current assets 1350 Noncurrent assets Investments: Nonregulated investments 1406 Other noncurrent assets 1410 Deferred charges: Deferred maintenance, retirements and other deferred charges 1438 Other: Other jurisdictional assets-net 1500 [ 82 FR 20840 , May 4, 2017] § 32.1120 Cash and equivalents. ( a ) This account shall include the amount of current funds available for use on demand in the hands of financial officers and agents, deposited in banks or other financial institutions and also funds in transit for which agents have received credit. ( b ) This account shall include the amount of cash on special deposit, other than in sinking and other special funds provided for elsewhere, to pay dividends, interest, and other debts, when such payments are due one year or less from the date of deposit; the amount of cash deposited to insure the performance of contracts to be performed within one year from date of the deposit; and other cash deposits of a special nature not provided for elsewhere. This account shall include the amount of cash deposited with trustees to be held until mortgaged property sold, destroyed, or otherwise disposed of is replaced, and also cash realized from the sale of the company's securities and deposited with trustees to be held until invested in physical property of the company or for disbursement when the purposes for which the securities were sold are accomplished. ( c ) Cash on special deposit to be held for more than one year from the date of deposit shall be included in Account 1410, Other noncurrent assets. ( d ) This account shall include the amount of cash advanced to officers, agents, employees, and others as petty cash or working funds from which expenditures are to be made and accounted for. ( e ) This account shall include the cost of current securities acquired for the purpose of temporarily investing cash, such as time drafts receivable and time loans, bankers' acceptances, United States Treasury certificates, marketable securities, and other similar investments of a temporary character. ( f ) Accumulated changes in the net unrealized losses of current marketable equity securities shall be included in the determination of net income in the period in which they occur in Account 7300, Other Nonoperating Income and Expense. ( g ) Subsidiary record categories shall be maintained in order that the entity may separately report the amounts of temporary investments that relate to affiliates and nonaffiliates. Such subsidiary record categories shall be reported as required by part 43 of this chapter . [ 67 FR 5681 , Feb. 6, 2002] § 32.1170 Receivables. ( a ) This account shall include all amounts due from customers for services rendered or billed and from agents and collectors authorized to make collections from customers. This account shall also include all amounts due from customers or agents for products sold. This account shall be kept in such manner as will enable the company to make the following analysis: ( 1 ) Amounts due from customers who are receiving telecommunications service. ( 2 ) Amounts due from customers who are not receiving service and whose accounts are in process of collection. ( b ) Collections in excess of amounts charged to this account may be credited to and carried in this account until applied against charges for services rendered or until refunded. ( c ) Cost of demand or time notes, bills and drafts receivable, or other similar evidences (except interest coupons) of money receivable on demand or within a time not exceeding one year from date of issue. ( d ) Amount of interest accrued to the date of the balance sheet on bonds, notes, and other commercial paper owned, on loans made, and the amount of dividends receivable on stocks owned. ( e ) This account shall not include dividends or other returns on securities issued or assumed by the company and held by or for it, whether pledged as collateral, or held in its treasury, in special deposits, or in sinking and other funds. ( f ) Dividends received and receivable from affiliated companies accounted for on the equity method shall be included in Account 1410, Other noncurrent assets, as a reduction of the carrying value of the investment. ( g ) This account shall include all amounts currently due, and not provided for in (a) through (g) of this section such as those for traffic settlements, divisions of revenue, material and supplies, matured rents, and interest receivable under monthly settlements on short-term loans, advances, and open accounts. If any of these items are not to be paid currently, they shall be transferred to Account 1410, Other noncurrent assets. ( h ) Subsidiary record categories shall be maintained in order that the entity may separately report the amounts contained herein that relate to affiliates and nonaffiliates. Such subsidiary record categories shall be reported as required by part 43 of this chapter . [ 67 FR 5681 , Feb. 6, 2002] § 32.1171 Allowance for doubtful accounts. ( a ) This account shall be credited with amounts charged to Accounts 5300, Uncollectible revenue, and 6790, Provision for uncollectible notes receivable to provide for uncollectible amounts related to accounts receivable and notes receivable included in Account 1170, Receivables. There shall also be credited to this account amounts collected which previously had been written off through charges to this account and credits to Account 1170. There shall be charged to this account any amounts covered thereby which have been found to be impracticable of collection. ( b ) If no such allowance is maintained, uncollectible amounts shall be charged directly to Account 5300, Uncollectible revenue or directly to Account 6790, Provision for uncollectible notes receivable, as appropriate. ( c ) Subsidiary record categories shall be maintained in order that the entity may separately report the amounts contained herein that relate to affiliates and nonaffiliates. Such subsidiary record categories shall be reported as required by part 43 of this chapter . [ 67 FR 5682 , Feb. 6, 2002] § 32.1191 Accounts receivable allowance—other. ( a ) This account shall be credited with amounts charged to Account 5302, Uncollectible Revenue—Other to provide for uncollectible amounts included in Account 1190, Other Accounts Receivable. There shall also be credited to this account amounts collected which previously had been written off through charges to this account and credits to Account 1190. There shall be charged to this account any amounts covered thereby which have been found to be impracticable of collection. ( b ) If no such allowance is maintained, uncollectible amounts shall be charged directly to Account 5302, Uncollectible Revenue—Other. ( c ) Subsidiary record categories shall be maintained in order that the entity may separately report the amounts contained herein that relate to affiliates and nonaffiliates. Such subsidiary record categories shall be reported as required by part 43 of this Commission's Rules and Regulations. § 32.1220 Inventories. ( a ) This account shall include the cost of materials and supplies held in stock and inventories of goods held for resale or lease. The investment in inventories shall be maintained in the following subaccounts: 1220.1 Material and supplies 1220.2 Property held for sale or lease ( b ) These subaccounts shall not include items which are related to a nonregulated activity unless that activity involves joint or common use of assets and resources in the provision of regulated and nonregulated products and services. ( c ) 1220.1 Material and supplies. This subaccount shall include cost of material and supplies held in stock including plant supplies, motor vehicles supplies, tools, fuel, other supplies and material and articles of the company in process of manufacture for supply stock. (Note also § 32.2000(c)(2)(iii) of this subpart .) ( d ) Transportation charges and sales and use taxes, so far as practicable, shall be included as a part of the cost of the particular material to which they relate. Transportation and sales and use taxes which are not included as part of the cost of particular material shall be equitably apportioned among the detail accounts to which material is charged. ( e ) So far as practicable, cash and other discount on material shall be deducted in determining cost of the particular material to which they relate or credited to the account to which the material is charged. When such deduction is not practicable, discounts shall be equitably apportioned among the detail accounts to which material is charged. ( f ) Material recovered in connection with construction, maintenance or retirement of property shall be charged to this account as follows: ( 1 ) Reusable items that, when installed or in service, were retirement units shall be included in this account at the original cost, estimated if not known. (Note also § 32.2000(d)(3) of this subpart .) ( 2 ) Reusable minor items that, when installed or in service, were not retirement units shall be included in this account at current prices new. ( 3 ) The cost of repairing reusable material shall be charged to the appropriate account in the Plant Specific Operations Expense accounts. ( 4 ) Scrap and nonusable material included in this account shall be carried at the estimated amount which will be received therefor. The difference between the amounts realized for scrap and nonusable material sold and the amounts at which it is carried in this account, so far as practicable, shall be adjusted in the accounts credited when the material was taken up in this account. ( g ) Interest paid on material bills, the payments of which are delayed, shall be charged to Account 7500, Interest and related items. ( h ) Inventories of material and supplies shall be taken periodically or frequently enough for reporting purposes, as appropriate, in accordance with generally accepted accounting principles. The adjustments to this account shall be charged or credited to Account 6512, Provisioning expense. ( i ) 1220.2 Property held for sale or lease. This subaccount shall include the cost of all items purchased for resale or lease. The cost shall include applicable transportation charges, sales and use taxes, and cash and other purchase discounts. Inventory shortage and overage shall be charged and credited, respectively, to Account 5280, Nonregulated operating revenue. [ 52 FR 39534 , Oct. 22, 1987, as amended at 53 FR 49322 , Dec. 7, 1988; 67 FR 5682 , Feb. 6, 2002] § 32.1280 Prepayments. This account shall include: ( a ) The amounts of rents paid in advance of the period in which they are chargeable to income, except amounts chargeable to telecommunications plant under construction and minor amounts which may be charged directly to the final accounts. As the term expires for which the rents are paid, this account shall be credited monthly and the appropriate account charged. ( b ) The balance of all taxes, other than amounts chargeable to telecommunication plant under construction and minor amounts which may be charged to the final accounts, paid in advance and which are chargeable to income within one year. As the term expires for which the taxes are paid, this account shall be credited monthly and the appropriate account charged. ( c ) The amount of insurance premiums paid in advance of the period in which they are chargeable to income, except premiums chargeable to telecommunications plant under construction and minor amounts which may be charged directly to the final accounts. As the term expires for which the premiums are paid, this account shall be credited monthly and the appropriate account charged. ( d ) The cost of preparing, printing, binding, and delivering directories and the cost of soliciting advertisements for directories, except minor amounts which may be charged directly to Account 6622, Number services. These prepaid directory expenses shall be cleared to Account 6622 by monthly charges representing that portion of the expenses applicable to each month. ( e ) Other prepayments not included in paragraphs (a) through (d) of this section except for minor amounts which may be charged directly to the final accounts. As the term expires for which the payments apply, this account shall be credited monthly and the appropriate account charged. [ 67 FR 5682 , Feb. 6, 2002, as amended at 69 FR 53648 , Sept. 2, 2004] § 32.1350 Other current assets. This account shall include the amount of all current assets which are not includable in Accounts 1120 through 1280. [ 67 FR 5682 , Feb. 6, 2002] § 32.1406 Nonregulated investments. This account shall include the carrier's investment in nonregulated activities accounted for in a separate set of books as provided in § 32.23(b) . [ 52 FR 6561 , Mar. 4, 1987; 52 FR 39535 , Oct. 22, 1987, as amended as 67 FR 5682 , Feb. 6, 2002] § 32.1410 Other noncurrent assets. ( a ) This account shall include the acquisition cost of the company's investment in equity or other securities issued or assumed by affiliated companies, including securities held in special funds (sinking funds). The carrying value of the investment (securities) accounted for on the equity method shall be adjusted to recognize the company's share of the earnings or losses and dividends received or receivable of the affiliated company from the date of acquisition. (Note also Account 1170, Receivables, and Account 7300, Nonoperating income and expense.) ( b ) This account shall include the acquisition cost of the Company's investment in securities issued or assumed by nonaffiliated companies and individuals, and also its investment advances to such parties and special deposits of cash for more than one year from date of deposit. ( c ) Declines in value of investments, including those accounted for under the cost method, shall be charged to Account 4540, Other capital, if temporary and as a current period loss if permanent. Detail records shall be maintained to reflect unrealized losses for each investment. ( d ) This account shall also include advances represented by book accounts only with respect to which it is agreed or intended that they shall be either settled by issuance of capital stock or debt; or shall not be subject to current cost settlement. ( e ) Amounts due from affiliated and nonaffiliated companies which are subject to current settlement shall be included in Account 1170, Receivables. ( f ) This account shall include the total unamortized balance of debt issuance expense for all classes of outstanding long-term debt. Amounts included in this account shall be amortized monthly and charged to account 7500, Interest and related items. ( g ) Debt Issuance expense includes all expenses in connection with the issuance and sale of evidence of debt, such as fees for drafting mortgages and trust deeds; fees and taxes for issuing or recording evidences of debt; costs of engraving and printing bonds, certificates of indebtedness, and other commercial paper; fees paid trustees; specific costs of obtaining governmental authority; fees for legal services; fees and commissions paid underwriters, brokers, and salesmen; fees and expenses of listing on exchanges, and other like costs. A subsidiary record shall be kept of each issue outstanding. ( h ) This account shall include the amount of cash and other assets which are held by trustees or by the company's treasurer in a distinct fund, for the purpose of redeeming outstanding obligations. Interest or other income arising from funds carried in this account shall generally be charged to this account. A subsidiary record shall be kept for each sinking fund which shall designate the obligation in support of which the fund was created. ( i ) This account shall include the amount of all noncurrent assets which are not includable in paragraphs (a) through (h) of this section. ( j ) A subsidiary record shall be kept identifying separately common stocks, preferred stocks, long-term debt, advances to affiliates, and investment advances. A subsidiary record shall also be kept identifying special deposits of cash for more than one year from the date of deposit. Further, the company's record shall identify the securities pledged as collateral for any of the company's long-term debt or short-term loans or to secure performance of contracts. ( k ) Subsidiary record categories shall be maintained in order that the entity may separately report the amounts contained herein that relate to the equity method and the cost method. Such subsidiary record categories shall be reported as required by part 43 of this chapter . ( l ) This account shall include property subject to a lessee operating lease longer than one year. ( 1 ) An operating lease is a contract, or part of a contract, that conveys the right to control the use of identified property, plant and equipment (an identified asset) for a period of time in exchange for consideration. ( 2 ) The amounts recorded in this account at the inception of an operating lease shall be equal to the present value not to exceed fair value, at the beginning of the lease term, of minimum lease payments during the lease term, excluding that portion of the payments representing executory costs to be paid by the lessor, together with any profit thereon. Amounts subject to current treatment shall be included in Account 1350, Other current assets. ( 3 ) Any balance in this account relating to capitalized operating leases shall be excluded in any ratemaking calculations. ( m ) This account shall include the amount of lessor receivables from an operating lease longer than one year. ( 1 ) The amount recorded in this account at the inception of an operating lease shall be equal to the present value not to exceed fair value, at the beginning of the lease term, of minimum lease payments during the lease term, excluding that portion of the payments representing executory costs to be paid by the lessee, together with any profit thereon. Amounts subject to current settlement shall be included in Account 1350, Other current assets. ( 2 ) Any balance in this account relating to receivables associated with capitalized operating leases shall be excluded in any ratemaking calculations. [ 67 FR 5682 , Feb. 6, 2002, as amended at 84 FR 4729 , Feb. 19, 2019] § 32.1438 Deferred maintenance and retirements. ( a ) This account shall include such items as: ( 1 ) The unprovided-for loss in service value of telecommunications plant for extraordinary nonrecurring retirement not considered in depreciation and the cost of extensive replacements of plant normally chargeable to the current period Plant Specific Operations Expense accounts. These charges shall be included in this account only upon direction or approval from this Commission. However, the company's application to this Commission for such approval shall give full particulars concerning the property retired, the extensive replacements, the amount chargeable to operating expenses and the period over which in its judgment the amount of such charges should be distributed. ( 2 ) Unaudited amounts and other debit balances in suspense that cannot be cleared and disposed of until additional information is received; the amount, pending determination of loss, of funds on deposit with banks which have failed; revenue, expense, and income items held in suspense; amounts paid for options pending final disposition. ( 3 ) Cost of preliminary surveys, plans, investigation, etc., made for construction projects under contemplation. If the projects are carried out, the preliminary costs shall be included in the cost of the plant constructed. If the projects are abandoned, the preliminary costs shall be charged to Account 7300, Nonoperating income and expense. ( 4 ) Cost of evaluations, inventories, and appraisals taken in connection with the acquisition or sale of property. If the property is subsequently acquired, the preliminary costs shall be accounted for as a part of the cost of acquisition, or if it is sold, such costs shall be deducted from the sale price in accounting for the property sold. If purchases or sales are abandoned, the preliminary costs included herein (including options paid, if any) shall be charged to Account 7300. ( b ) Charges provided for in paragraph (a) of this section shall be included in this account only upon direction or approval from this Commission. However, the company's application to this Commission for such approval shall give full particulars concerning the property retired, the extensive replacements, the amount chargeable to operating expenses and the period over which in its judgment the amount of such charges should be distributed. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5683 , Feb. 6, 2002] § 32.1500 Other jurisdictional assets—net. This account shall include the cumulative impact on assets of jurisdictional ratemaking practices which vary from those of this Commission. All entries recorded in this account shall be recorded net of any applicable income tax effects and shall be supported by subsidiary records where necessary as provided for in § 32.13(e) of subpart B. § 32.2000 Instructions for telecommunications plant accounts. ( a ) Purpose of telecommunications plant accounts. ( 1 ) The telecommunications plant accounts (2001 to 2007 inclusive) are designed to show the investment in the company's tangible and intangible telecommunications plant which ordinarily has a service life of more than one year, including such plant whether used by the company or others in providing telecommunications service. ( 2 ) The telecommunications plant accounts shall not include the cost or other value of telecommunications plant contributed to the company. Contributions in the form of money or its equivalent toward the construction of telecommunications plant shall be credited to the accounts charged with the cost of such construction. Amounts of non-recurring reimbursements based on the cost of plant or equipment furnished in rendering service to a customer shall be credited to the accounts charged with the cost of the plant or equipment. Amounts received for construction which are ultimately to be repaid wholly or in part, shall be credited to Account 4300, Other long-term liabilities and deferred credits; when final determination has been made as to the amount to be returned, any unrefunded amounts shall be credited to the accounts charged with the cost of such construction. Amounts received for the construction of plant, the ownership of which rests with or will revert to others, shall be credited to the accounts charged with the cost of such construction. (Note also Account 7100, Other operating income and expense.) ( 3 ) When telecommunications plant ordinarily having a service life of more than one year is installed for temporary use in providing telecommunications service, it shall be accounted for in the same manner as plant having a service life of more than one year. This includes temporary installations of plant (such as poles, wire and cable) installed to maintain service during the progress of highway reconstruction or during interruptions due to storms or other casualties, equipment used for the training of operators, equipment used to provide intercepting positions in central offices to handle traffic for a short period following extensive system changes and similar installations of property used to provide telecommunications service. ( 4 ) [Reserved] ( b ) Telecommunications plant acquired. ( 1 ) Property, plant and equipment acquired from an entity, whether or not affiliated with the accounting company, shall be accounted for at original cost, except that property, plant and equipment acquired from a nonaffiliated entity through an acquisition or merger may be accounted for at market value at the time of the acquisition or merger. ( 2 ) The accounting for property, plant and equipment to be recorded at original cost shall be as follows: ( i ) The amount of money paid (or current money value of any consideration other than money exchanged) for the property (together with preliminary expenses incurred in connection the acquisition) shall be charged to Account 1438, Deferred maintenance, retirements, and other deferred charges. ( ii ) The original cost, estimated if not known, of telecommunications plant, governmental franchises and other similar rights acquired shall be charged to the applicable telecommunications plant accounts, Telecommunications Plant Under Construction, and Property Held For Future Telecommunications Use, as appropriate, and credited to Account 1439. When the actual original cost cannot be determined and estimates are used, the company shall be prepared to furnish the Commission with the particulars of such estimates. ( iii ) Accumulated Depreciation and amortization balances related to plant acquired shall be credited to Account 3100, Accumulated depreciation, or Account 3200, Accumulated depreciation—held for future telecommunications use, or Account 3400, Accumulated amortization—tangible and debited to Account 1438. Accumulated amortization balances related to plant acquired which ultimately is recorded in Accounts 2005, Telecommunications plant adjustment, Account 2682, Leasehold improvements, or Account 2690, Intangibles shall be credited to these asset accounts, and debited to Account 1438. ( iv ) Any amount remaining in Account 1438, applicable to the plant acquired, shall, upon completion of the entries provided in paragraphs (b)(2)(i) through (b)(2)(iii) of this section, be debited or credited, as applicable, to Account 2007, Goodwill, or to Account 2005, Telecommunications plant adjustment, as appropriate. ( 3 ) A memorandum record shall be kept showing the amount of contributions in aid of construction applicable to the property acquired as shown by the accounts of the previous owner. ( c ) Cost of construction. ( 1 ) Telecommunications plant represents an economic resource which will be used to provide future services, the cost of which will be allocated in a rational and systematic manner to the future periods in which it provides benefits. In accounting for construction costs, the utility shall charge to the telecommunications plant accounts, where applicable, all direct and indirect costs. ( 2 ) Direct and indirect costs shall include, but not be limited to: ( i ) “Labor” includes the wages and expenses of employees directly engaged in or in direct charge of construction work. It includes expenses directly related to an employee's wages, such as worker's compensation insurance, payroll taxes, benefits and other similar items of expense. ( ii ) “Engineering” includes the portion of the wages and expenses of engineers, draftsmen, inspectors, and their direct supervision applicable to construction work. It includes expenses directly related to an employee's wages, such as worker's compensation insurance, payroll taxes, benefits and other similar items of expense. ( iii ) “Material and supplies” includes the purchase price of material used at the point of free delivery plus the costs of inspection, loading and transportation, and an equitable portion of provisioning expense. In determining the cost of material used, proper allowance shall be made for unused material, for material recovered from temporary structures used in performing the work involved, and for discounts allowed and realized in the purchase of material. This item does not include construction material that is stolen or rendered unusable due to vandalism. Such material should be charged to the applicable plant specific operations expense accounts. ( iv ) “Transportation” includes the cost of transporting employees, material and supplies, tools and other work equipment to and from the physical construction location. It includes amounts paid therefor to other companies or individuals and the cost of using the company's own motor vehicles or other transportation equipment. ( v ) “Contract work” includes amounts paid for work performed under contract or other agreement by other companies, firms or individuals; engineering and supervision applicable to such work; cost incident to the award of contracts; and the inspection of such work. The cost of construction work performed by affiliated companies and other details relating thereto shall be available from the work in progress and supporting records. ( vi ) “Protection” includes the cost of protecting the company's property from fire or other casualties and the cost of preventing damages to others or the property of others. ( vii ) “Privileges, Permits, and Rights of way” includes such costs incurred in obtaining these privileges, permits, or rights of way in connection with construction work, such as for use of private property, streets or highways. The cost of such privileges and permits shall be included in the cost of the work for which the privileges or permits are obtained, except for costs includable in Account 2111, Land, and Account 2690, Intangibles. ( viii ) “Taxes” includes taxes properly includable in construction costs before the facilities are completed for service, which taxes are assessed separately from taxes on operating property or under conditions that permit separate identification of the amount chargeable to construction. ( ix ) “Special machine service” includes the cost of labor expended, materials and supplies consumed and other expenses incurred in the maintenance, operation and use of special and other labor saving machines (other than transportation equipment (such as trenching equipment, cable plows and pole setting trucks. Also included are expenditures for rental, maintenance and operation of such machines owned by others. When a construction job requires the purchase of special machines, the cost thereof, less the appraised or salvage value at the time of release from the job, shall be included in the cost of construction. ( x ) Allowance for funds used during construction (“AFUDC”) provides for the cost of financing the construction of telecommunications plant. AFUDC shall be charged to Account 2003, Telecommunications plant under construction, and credited to Account 7300, Nonoperating income and expense. The rate for calculating AFUDC shall be determined in accordance with GAAP when implementing this system of accounts. The amount of interest cost capitalized in an accounting period shall not exceed the total amount of interest cost incurred by the company in that period. ( xi ) “Insurance” includes premiums paid specifically for protection against loss and damage in connection with the construction of telecommunications plant due to fire or other casualty, injury to or death of employees or others, damages to property of others, defalcations of employees and agents and the non-performance of contractual obligations of others. ( xii ) “Construction services” include the cost of telephone, electricity, power, construction quarters, office space and equipment directly related to the construction project. ( xiii ) “Indirect construction costs” shall include indirect costs such as general engineering, supervision and support. Such costs, in addition to direct supervision, shall include indirect plant operations and engineering supervision up to, but not including, supervision by executive officers whose pay and expenses are chargeable to Account 6720, General and administrative. The records supporting the entries for indirect construction costs shall be kept so as to show the nature of the expenditures, the individual jobs and accounts charged, and the bases of the distribution. The amounts charged to each plant account for indirect costs shall be readily determinable. The instructions contained herein shall not be interpreted as permitting the addition to plant of amounts to cover indirect costs based on arbitrary allocations. ( xiv ) The cost of construction shall not include any amounts classifiable as Corporate Operations Expense. ( d ) Telecommunications plant retired. ( 1 ) Telecommunications plant accounts shall at all times disclose the original cost of all property in service. When any item of property subject to plant retirement accounting is worn out, lost, sold, destroyed, abandoned, surrendered upon lapse of title, becomes permanently unserviceable, is withdrawn or for any other reason is retired from service, the plant accounts applicable to that item shall be credited with the original cost of the plant retired whether replaced or not (except as provided for minor items in paragraph (d)(2)(ii) of this section). Normally, these retirement credits with respect to such plant as entire buildings, entire central offices, all plant abandoned and any large sections of plant withdrawn from service, shall be entered in the accounts for the month in which use of the property ceased. For any other plant withdrawn from service, the retirement credits shall be entered no later than the next succeeding month. Literal compliance with the provision for timing of entries with respect to property amounting to less than $50,000 retired under any one project is not required if an unreasonable amount of recordkeeping and estimating of quantities, original costs and salvage is necessary. The retirement entry shall refer to the continuing property record, or records supplemental thereto, from which the cost was obtained (note also paragraph (d)(3) of this section). Every company shall establish procedures which will ensure compliance with these requirements. ( 2 ) To avoid undue refinement, depreciable telecommunications plant shall be accounted for as follows: ( i ) Retirement units: This group includes major items of property, a representative list of which shall be prescribed by this Commission. In lieu of the retirement units prescribed with respect to a particular account, a company may, after obtaining specific approval by this Commission, establish and maintain its own list of retirement units for a portion or all of the plant in any such account. For items included on the retirement units list, the original cost of any such items retired shall be credited to the plant account and charged to Account 3100 Accumulated Depreciation, whether or not replaced. The original cost of retirement units installed in place of property retired shall be charged to the applicable telecommunications plant account. ( ii ) Minor items: This group includes any part or element of plant which is not designated as a retirement unit. The original cost of a minor item of property when included in the specific or average cost for a retirement unit or units requires no separate credit to the telecommunications plant account when such a minor item is retired. The cost of replacement shall be charged to the account applicable for the cost of repairs of the property. However, if the replacement effects a substantial betterment (the primary aim of which is to make the property affected more useful, of greater durability, of greater capacity or more economical in operation), the excess cost of such a replacement, over the estimated cost at the then current prices of replacement without betterment of the minor items being retired, shall be charged to the applicable telecommunications plant account. ( 3 ) The cost of property to be retired shall be the amount at which property is included in the telecommunications plant accounts. However, when it is impracticable to determine the cost of each item due to the relatively large number or small cost of such items, the average cost of all the items covered by an appropriate subdivision of the account shall be used in determining the cost to be assigned to such items when retired. The method used in determining average cost must give due regard to the quantity, vintage, size and kind of items, the area in which they were installed and their classification in other respects. Average cost may be applied in retirement of such items as poles, wire, cable, cable terminals, conduit and booths. Any company may use average cost of property installed in a year or band of years as approved by the Commission. It should be understood, however, that the use of average costs shall not relieve the company of the requirement for maintaining its continuing property records to show, where practicable, dates of installation and removal for purposes of mortality studies. (See § 32.2000(f) of this subpart , Standard Practices for Establishing and Maintaining Continuing Property Records.) ( 4 ) The accounting for the retirement of property, plant and equipment shall be as provided above except that amounts in Account 2111, Land, and amounts for works of art recorded in Account 2122, Furniture, shall be treated at disposition as a gain or loss and shall be credited or debited to Account 7100, Other operating income and expense, as applicable. If land or artwork is retained by the company and held for sale, the cost shall be charged to Account 2006, Nonoperating plant. ( 5 ) When the telecommunications plant is sold together with traffic associated therewith, the original cost of the property shall be credited to the applicable plant accounts and the estimated amounts carried with respect thereto in the accumulated depreciation and amortization accounts shall be charged to such accumulated accounts. The difference, if any, between the net amount of such debit and credit items and the consideration received (less commissions and other expenses of making the sale) for the property shall be included in Account 7300, Nonoperating income and expense. The accounting for depreciable telecommunications plant sold without the traffic associated therewith shall be in accordance with the accounting provided in § 32.3100(c) . ( e ) Basic property records. ( 1 ) The basic property records are that portion of the total property accounting system which preserves the following detailed information: ( i ) The identity, vintage, location and original cost of units of property; ( ii ) Original and ongoing transactional data (plant account activity) in terms of such units; and ( iii ) Any other specific financial and cost accounting information not properly warranting separate disclosure as an account or subaccount but which is needed to support regulatory, cost, tax, management and other specific accounting information needs and requirements. ( 2 ) The basic property records must be: ( i ) Subject to internal accounting controls, ( ii ) auditable, ( iii ) equal in the aggregate to the total investment reflected in the financial property control accounts as well as the total of the cost allocations supporting the determination of cost-of-service at any particular point in time, and ( iv ) maintained throughout the life of the property. ( 3 ) The basic property records shall consist of ( i ) continuing property records and ( ii ) records supplemental thereto which together reveal clearly, by accounting area, the detailed and systematically summarized information necessary to meet fully the requirements of paragraphs (e)(1) and (e)(2) of this section. ( 4 ) Companies shall establish and maintain basic property records for each class of property recorded in the several plant accounts which comprise the balance sheet Account 2001, Telecommunications Plant In Service, Account 2002, Property Held for Future Telecommunications Use, and Account 2006, Nonoperating Plant. ( 5 ) The company shall notify the Commission of a plan for the basic property record as follows: ( i ) Not later than June 30 of the year following that in which it becomes subject to this system of accounts, the company shall file with the Commission two (2) copies of a complete plan of the method to be used in the compilation of a basic property record with respect to each class of property. The plan shall include a list of proposed accounting areas accompanied by description of the boundaries of each area as defined in accordance with the requirements of § 32.2000(f)(1) (i) and (ii) of this subpart . The plan shall also include a list of property record units proposed for use under each regulated plant account. These property record units shall be selected such that the requirements of § 32.2000(f)(2) (i) , (ii) and (iii) of this subpart can be satisfied. ( ii ) The company shall submit to the Commission one copy of any major proposed changes in its basic property record plan at least 30 days before the effective date of the proposed changes. ( 6 ) The company shall prepare and maintain the basic property record as follows: ( i ) Not later than June 30 of the year following that in which the company becomes subject to this system of accounts, begin the preparation of a basic property record. ( ii ) Complete within two years of the prescribed beginning date, basic property records for all property as of the end of the preceding calendar year. ( iii ) Promptly process in the basic property records all property changes affecting periods subsequent to initial establishment of the basic property record. ( 7 ) The basic property record components (see paragraph (c) of this section) shall be arranged in conformity with the regulated plant accounts prescribed in this section of accounts as follows: ( i ) The continuing property records shall be compiled on the basis of original cost (or other book cost consistent with this system of accounts). The continuing property records shall be maintained as prescribed in § 32.2000(f)(2)(iii) of this subpart in such manner as will meet the following basic objectives: ( A ) Provide for the verification of property record units by physical examination. ( B ) Provide for accurate accounting for retirements. ( C ) Provide data for use in connection with depreciation studies. ( ii ) The records supplemental to the continuing property records shall disclose such service designations, usage measurement criteria, apportionment factors, or other data as may be prescribed by the Commission in this part or other parts of its Rules and Regulations. Such data are subject to the same general controls and standards for auditability and support as are all other elements of the basic property records. ( 8 ) Notwithstanding any other provision of this part concerning continuing property records, carriers subject to price cap regulations set forth in part 61 of this chapter shall maintain property records necessary to track substantial assets and investments in an accurate, auditable manner that enables them to verify their accounting books, make such property information available to the Commission upon request, and ensure the maintenance of such data. ( f ) Standard practices for establishing and maintaining continuing property records — ( 1 ) Accounting area. ( i ) The continuing property record, as related to each primary plant account, shall be established and maintained by subaccounts for each accounting area. An accounting area is the smallest territory of the company for which accounting records of investment are maintained for all plant accounts within the area. Areas already established for administrative, accounting, valuation, or other purposes may be adopted for this purpose when appropriate. In no case shall the boundaries of accounting areas cross either State lines or boundaries prescribed by the Commission. ( ii ) In determining the limit of each area, consideration shall be given to the quantities of property, construction conditions, operating districts, county and township lines, taxing district boundaries, city limits, and other political or geographical limits, in order that the area adopted may have maximum adaptability, within the confines of practicability, for both the company's purpose and those of Federal, State, and municipal authorities. ( 2 ) Property record units. ( i ) In each of the established accounting areas, the “property record units” which are to be maintained in the continuing property record shall be set forth separately, classified by size and type with the amount of original cost (or other appropriate book cost) associated with such units. When a list of property record units has been accepted by the Commission, they shall become the units referred to in this statement of standard practices. Such units shall apply to only the regulated portion of this system of accounts. ( ii ) When it is found necessary to revise this list because of the addition of units used in providing new types of service, or new units resulting from improvements in technology, or because of the grouping or elimination of units which no longer merit separate recognition as property record units, one copy of such changes shall be submitted to the Commission. Upon appropriate showing by the company, the Commission may specifically exempt the company from these filing requirements. ( iii ) The continuing property record shall reveal the description, location, date of placement, the essential details of construction, and the original cost (note also paragraph (f)(3) of this section) of the property record units. The continuing property records shall be compiled on the basis of original cost (or other book cost consistent with this system of accounts) and maintained in such manner as will provide for the verification of property record units by physical examination. The continuing property record and other underlying records of construction costs shall be so maintained that, upon retirement of one or more retirement units or of minor items without replacement when not included in the costs of retirement units, the actual cost or a reasonably accurate estimate of the cost of the plant retired can be determined. ( 3 ) Methods of determining original cost of property record units. The original cost of the property record units shall be determined by analyses of the construction costs incurred as shown by completion reports and other data, accumulated in the respective construction work orders or authorizations. Costs shall be allocated to and associated with the property record units to facilitate accounting for retirements. The original cost of property record units shall be determined by unit identification or averaging as described in paragraphs (f)(3) (i) and (ii) of this section. ( i ) Unit identification. Cost shall be identified and maintained by specific location for property record units contained within certain regulated plant accounts or account groupings such as Land, Buildings, Central Office Assets, Motor Vehicles, garage work equipment included in Account 2114, Tools and other work equipment, and Furniture. In addition, units involved in any unusual or special type of construction shall be recorded by their specific location costs (note also § 32.2000(f)(3)(ii)(B) ). ( ii ) Averaging. ( A ) Average costs may be developed for plant consisting of a large number of similar units such as terminal equipment, poles, wire, cable, cable terminals, conduit, furniture, and work equipment. Units of similar size and type within each specified accounting area and regulated plant account may be grouped. Each such average cost shall be set forth in the continuing property record of the units with which it is associated. ( B ) The averaging of costs permitted under the provisions of the foregoing paragraph is restricted to plant installed in a particular vintage or band of years incurred within an accounting area. This paragraph does not permit the inclusion of the cost of units involved in any unusual or special type of construction. The units involved in such unusual or special type of construction shall be recorded at cost by location. ( 4 ) Estimates. In cases where the actual original cost of property cannot be ascertained, such as pricing an inventory for the initial entry of a continuing property record or the pricing of an acquisition for which a continuing property record has not been maintained, the original cost may be estimated. Any estimated original cost shall be consistent with the accounting practices in effect at the time the property was constructed. ( 5 ) Identification of property record units. There shall be shown in the continuing property record or in record supplements thereof, a complete description of the property records units in such detail as to identify such units. The description shall include the identification of the work order under which constructed, the year of installation (unless not determinable per § 32.2000(f)(4) of this subpart , specific location of the property within each accounting area in such manner that it can be readily spot-checked for proof of physical existence, the accounting company's number or designation, and any other description used in connection with the determination of the original cost. Descriptions of units of similar size and type shall follow prescribed groupings. ( 6 ) Reinstalled units. When units to which average costs are not applied, i.e., specific and fixed location units, are removed or retired and subsequently reinstalled, the date when the unit was first charged to the appropriate plant account shall, when required for adequate service life studies and reasonably accurate retirement accounting, be shown in addition to the date of reinstallation. ( 7 ) Age and service life of property. The continuing property record shall disclose the age of existing property and the supporting records shall disclose the service life of property retired. Exceptions from this requirement for any property record unit shall be submitted to the Commission for approval. ( 8 ) Reference to sources of information. There shall be shown by appropriate reference the source of all entries. All drawings, computations, and other detailed records which support quantities and costs or estimated costs shall be retained as a part of or in support of the continuing property record. ( 9 ) Jointly owned property. ( i ) With respect to jointly owned property, there shall be shown in the continuing property record or records supplemental thereto: ( A ) The identity of all joint owners. ( B ) The percentage owned by the accounting company. ( ii ) When regulated plant is constructed under arrangements for joint ownership, the amount received by the constructing company from the other joint owner or owners shall be credited as a reduction of the gross cost of the plant in place. ( iii ) When a sale of a part interest in regulated plant is made, the fractional interest sold shall be treated as a retirement and the amount received shall be treated as salvage. The continuing property record or records supplemental thereto shall be so maintained as to identify separately retirements of this nature from physical retirements of jointly owned plant. ( iv ) If jointly owned regulated property is substantial in relation to the total of the same kind of regulated property owned wholly by the company, such jointly owned regulated property shall be appropriately segregated in the continuing property record. ( g ) Depreciation accounting — ( 1 ) Computation of depreciation rates. ( i ) Unless otherwise provided by the Commission, either through prior approval or upon prescription by the Commission, depreciation percentage rates shall be computed in conformity with a group plan of accounting for depreciation and shall be such that the loss in service value of the property, except for losses excluded under the definition of depreciation, may be distributed under the straight-line method during the service life of the property. ( ii ) In the event any composite percentage rate becomes no longer applicable, revised composite percentage rates shall be computed in accordance with paragraph (g)(1)(i) of this section. ( iii ) The company shall keep such records of property and property retirements as will allow the determination of the service life of property which has been retired, or facilitate the determination of service life indications by mortality, turnover, or other appropriate methods. Such records will also allow the determination of the percentage of salvage value and cost of removal for property retired from each class of depreciable plant. ( 2 ) Depreciation charges. ( i ) A separate annual percentage rate for each depreciation category of telecommunications plant shall be used in computing depreciation charges. ( ii ) Companies, upon receiving prior approval from this Commission, or, upon prescription by this Commission, shall apply such depreciation rate, except where provisions of paragraph (g)(2)(iv) of this section apply, as will ratably distribute on a straight line basis the difference between the net book cost of a class or subclass of plant and its estimated net salvage during the known or estimated remaining service life of the plant. ( iii ) Charges for currently accruing depreciation shall be made monthly to the appropriate depreciation accounts, and corresponding credits shall be made to the appropriate depreciation reserve accounts. Current monthly charges shall normally be computed by the application of one-twelfth of the annual depreciation rate to the monthly average balance of the associated category of plant. The average monthly balance shall be computed using the balance as of the first and last days of the current month. ( iv ) In certain circumstances and upon prior approval of this Commission, monthly charges may be determined in total or in part through the use of other methods whereby selected plant balances or portions thereof are ratably distributed over periods prescribed by this Commission. Such circumstances could include but not be limited to factors such as the existence of reserve deficiencies or surpluses, types of plant that will be completely retired in the near future, and changes in the accounting for plant. Where alternative methods have been used in accordance with this subparagraph, such amounts shall be applied separately or in combination with rates determined in accordance with paragraph (g)(2)(ii) of this section. ( 3 ) Acquired depreciable plant. When acquired depreciable plant carried in Account 1438, Deferred maintenance, retirements and other deferred charges, is distributed to the appropriate plant accounts, adjusting entries shall be made covering the depreciation charges applicable to such plant for the period during which it was carried in Account 1438. ( 4 ) Plant Retired for Nonrecurring Factors not Recognized in Depreciation Rates. ( i ) A retirement will be considered as nonrecurring (extraordinary) only if the following criteria are met: ( A ) The impending retirement was not adequately considered in setting past depreciation rates. ( B ) The charging of the retirement against the reserve will unduly deplete that reserve. ( C ) The retirement is unusual such that similar retirements are not likely to recur in the future. ( 5 ) Upon direction or approval from this Commission, the company shall credit Account 3100, Accumulated Depreciation, and charge Account 1438, Deferred Maintenance, retirements and other deferred charges, with the unprovided-for loss in service value. Such amounts shall be distributed from Account 1438 to Account 6561, Depreciation expense—Telecommunications plant in service, or Account 6562, Depreciation expense—property held for future telecommunications use, over such period as this Commission may direct or approve. ( h ) Amortization accounting. ( 1 ) Unless otherwise provided by this Commission, either through approval, or upon prescription by this Commission, amortization shall be computed on the straight-line method, i.e., equal annual amounts shall be applied. The cost of each type asset shall be amortized on the basis the estimated life of that asset and shall not be written off in the accounting period in which the asset is acquired. A reasonable estimate of the useful life may be based on the upper or lower limits even though a fixed existence is not determinable. However, the period of amortization shall not exceed forty years. ( 2 ) In the event any estimated useful life becomes no longer applicable, a revised estimated useful life shall be determined in accordance with paragraph (h)(1) of this section. ( 3 ) Amortization charges shall be made monthly to the appropriate amortization expense accounts and corresponding credits shall be made to accounts 2005, 2682, 2690, and 3410, as appropriate. Monthly charges shall be computed by the application of one-twelfth to the annual amortization amount. ( 4 ) The company shall keep such records as will allow the determination of the useful life of the asset. ( i ) [Reserved] ( j ) Plant accounts to be maintained by telephone companies as indicated: Account title Regulated plant Property, plant and equipment: Telecommunications plant in service 1 2001 Property held for future telecommunications use 2002 Telecommunications plant under construction-short term 2003 Telecommunications plant adjustment 2005 Nonoperating plant 2006 Goodwill 2007 Telecommunications plant in service (TPIS) TPIS—General support assets: Land and support assets 2110 TPIS—Central Office assets: Central Office—switching 2210 Operator systems 2220 Central Office—transmission 2230 TPIS—Information origination/termination assets: Information origination termination 2310 TPIS—Cable and wire facilities assets: Cable and wire facilities 2410 TPIS—Amortizable assets: Amortizable tangible assets 2680 Intangibles 2690 1 Balance sheet summary account only. [ 51 FR 43499 , Dec. 2, 1986, as amended at 52 FR 7580 , Mar. 12, 1987; 53 FR 30059 , Aug. 10, 1988; 59 FR 46930 , Sept. 13, 1994; 60 FR 12138 , Mar. 6, 1995; 62 FR 39451 , July 23, 1997; 64 FR 50007 , Sept. 15, 1999; 67 FR 5683 , Feb. 6, 2002; 69 FR 53648 , Sept. 2, 2004; 82 FR 20840 , May 4, 2017] § 32.2001 Telecommunications plant in service. This account shall include the original cost of the investment included in Accounts 2110 through 2690. § 32.2002 Property held for future telecommunications use. ( a ) This account shall include the original cost of property owned and held for no longer than two years under a definite plan for use in telecommunications service. If at the end of two years the property is not in service, the original cost of the property may remain in this account so long as the carrier excludes the original cost and associated depreciation from its ratebase and ratemaking considerations and report those amounts in reports filed with the Commission pursuant to 43.21(e)(1) and 43.21(e)(2) of this chapter. ( b ) Subsidiary records shall be maintained to show the character of the amounts carried in this account. [ 65 FR 16334 , Mar. 28, 2000] § 32.2003 Telecommunications plant under construction. ( a ) This account shall include the original cost of construction projects (note also § 32.2000(c) ) of this part and the cost of software development projects that are not yet ready for their intended use. ( b ) There may be charged directly to the appropriate plant accounts the cost of any construction project which is estimated to be completed and ready for service within two months from the date on which the project was begun. There may also be charged directly to the plant accounts the cost of any construction project for which the gross additions to plant are estimated to amount to less than $100,000. ( c ) If a construction project has been suspended for six months or more, the cost of the project included in this account may remain in this account so long as the carrier excludes the original cost and associated depreciation from its ratebase and ratemaking considerations and reports those amounts in reports filed with the Commission pursuant to §§ 43.21(e)(1) and 43.21(e)(2) of this chapter . If a project is abandoned, the cost included in this account shall be charged to Account 7300, Nonoperating income and expense. ( d ) When any telecommunications plant, the cost of which has been included in this account, is completed ready for service, the cost thereof shall be credited to this account and charged to the appropriate telecommunications plant or other accounts. [ 51 FR 43499 , Dec. 2, 1986, as amended at 60 FR 12138 , Mar. 6, 1995; 64 FR 50007 , Sept. 15, 1999; 65 FR 16335 , Mar. 28, 2000; 67 FR 5685 , Feb. 6, 2002] § 32.2005 Telecommunications plant adjustment. ( a ) This account shall include amounts determined in accordance with § 32.2000(b) of this subpart representing the difference between ( 1 ) the fair market value of the telecommunications plant acquired, plus preliminary expenses incurred in connection with the acquisition; and ( 2 ) the original cost of such plant, governmental franchises and similar rights acquired, less the amounts of reserve requirements for depreciation and amortization of the property acquired. If the actual original cost is not known, the entries in this account shall be based upon an estimate of such costs. ( b ) The amounts recorded in this account with respect to each property acquisition (except land and artworks) shall be disposed of, written off, or provision shall be made for the amortization thereof, as follows: ( 1 ) Debit amounts may be charged in whole or in part, or amortized over a reasonable period through charges to Account 7300, Nonoperating income and expense, without further direction or approval by this Commission. When specifically approved by this Commission, or when the provisions of paragraph (b)(3) of this section apply, debit amounts shall be amortized to Account 6565, Amortization expense—other. ( 2 ) Credit amounts shall be disposed of in such manner as this Commission may approve or direct, except for credit amounts referred to in paragraph (b)(4) of this section. ( 3 ) The amortization associated with the costs recorded in the Telecommunications plant adjustment account will be charged or credited, as appropriate, directly to this asset account, leaving a balance representing the unamortized cost. ( 4 ) Within one year from the date of inclusion in this account of a debit or credit amount with respect to a current acquisition, the company may dispose of the total amount from an acquisition of telephone plant by a lump-sum charge or credit, as appropriate, to Account 6565 without further approval of this Commission, provided that such amount does not exceed $100,000 and that the plant was not acquired from an affiliated company. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5685 , Feb. 6, 2002; 69 FR 53648 , Sept. 2, 2004] § 32.2006 Nonoperating plant. ( a ) This account shall include the company's investment in regulated property which is not includable in the plant accounts as operating telecommunications plant. It shall include the company's investment in telecommunications property held for sale. (Note also Account 1406, Nonregulated Investments.) ( b ) Subsidiary records shall be maintained to show the character of the amounts carried in this account. § 32.2007 Goodwill. ( a ) This account shall include any portion of the plant purchase price that cannot be assigned to specifically identifiable property acquired and such amount should be identified as “goodwill”. Such amounts included in this account shall be amortized to Account 7300, Nonoperating income and expense, on a straight line basis over the remaining life of the acquired plant, not to exceed 40 years. ( b ) The amounts included in this account shall be maintained to show the nature of each amount. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5686 , Feb. 6, 2002] § 32.2110 Land and support assets. This account shall be used by companies to record the original cost of land and support assets of the type and character detailed in Accounts 2111 through 2124. [ 82 FR 20841 , May 4, 2017] § 32.2111 Land. ( a ) This account shall include the original cost of all land held in fee and of easements, and similar rights in land having a term of more than one year used for purposes other than the location of outside plant (see Accounts 2411 through 2441) or externally mounted central office equipment (see Accounts 2211 and 2212). It shall also include special assessments upon land for the construction of public improvements. ( b ) When land, together with buildings thereon, is acquired, the original cost shall be fairly apportioned between the land and the buildings and accounted for accordingly. If the plan of acquisition contemplates the removal of buildings, the total cost of the land and buildings shall be accounted for as the cost of the land, and the salvage value of the buildings when disposed of shall be deducted from the cost of the land so determined. ( c ) Annual or more frequent payments for use of land shall be recorded in the rent subsidiary record category for Account 6121, Land and Building Expense. ( d ) When land is acquired for which there is not a definite plan for its use in telecommunications service, its costs shall be included in Account 2006, Nonoperating Plant. ( e ) When land is acquired in excess of that required for telecommunications purposes, the cost of such excess land shall be included in Account 2006. ( f ) Installments of assessments for public improvement, including interest, if any, which are deferred without option to the company shall be included in this account only as they become due and payable. Interest on assessments which are not paid when due shall be included in Account 7500, Interest and related items. ( g ) When land is purchased for immediate use in a construction project, its cost shall be included in Account 2003, Telecommunications plant under construction, until such time as the project involved is completed and ready for service. ( h ) The original cost of leaseholds, easements, rights of way, and similar rights in land having a term of more than one year and not includable in Account 2111 shall be included in the accounts for outside plant or externally mounted central office equipment in connection with which the rights were acquired. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5686 , Feb. 6, 2002] § 32.2112 Motor vehicles. This account shall include the original cost of motor vehicles of the type which are designed and routinely licensed to operate on public streets and highways. § 32.2113 Aircraft. This account shall include the original cost of aircraft and any associated equipment and furnishings installed as an integral part of the aircraft. § 32.2114 Tools and other work equipment. This account shall include the original cost of special purpose vehicles and the original cost of tools and equipment used to maintain special purpose vehicles and items included in Accounts 2112 and 2113. This account shall also include the original cost of power-operated equipment, general purpose tools, and other items of work equipment. [ 64 FR 50007 , Sept. 15, 1999] § 32.2121 Buildings. ( a ) This account shall include the original cost of buildings, and the cost of all permanent fixtures, machinery, appurtenances and appliances installed as a part thereof. It shall include costs incident to the construction or purchase of a building and to securing possession and title. ( b ) When land, together with the buildings thereon, is acquired, the original cost shall be fairly apportioned between the land and buildings, and the amount applicable to the buildings shall be included in this account. The amount applicable to the land shall be included in Account 2111, Land. ( c ) This account shall not include the cost of any telephone equipment or wiring apparatus for generating or controlling electricity for operating the telephone system. § 32.2122 Furniture. This account shall include the original cost of furniture in offices, storerooms, shops, and all other quarters. This account shall also include the cost of objects which possess aesthetic value, are of original or limited edition, and do not have a determinable useful life. The cost of any furniture attached to and constituting a part of a building shall be charged to account 2121, Buildings. § 32.2123 Office equipment. This account shall include the original cost of office equipment in offices, shops and all other quarters. The cost of any equipment attached to and constituting a part of a building shall be charged to Account 2121, Buildings. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5686 , Feb. 6, 2002] § 32.2124 General purpose computers. ( a ) This account shall include the original cost of computers and peripheral devices which are designed to perform general administrative information processing activities. ( b ) Administrative information processing includes but is not limited to activities such as the preparation of financial, statistical, or other business analytical reports; preparation of payroll, customer bills, and cash management reports, and other records and reports not specifically designed for testing, diagnosis, maintenance or control of the telecommunications network facilities. ( c ) [Reserved] ( d ) This account does not include the cost of computers and their associated peripheral devices associated with switching, network signaling, network operations, or other specific telecommunications plant. Such computers and peripherals shall be classified to the appropriate switching, network signaling, network expense, or other plant account. [ 51 FR 43499 , Dec. 2, 1986, as amended at 64 FR 50007 , Sept. 15, 1999] § 32.2210 Central office—switching. This account shall be used by companies to record the original cost of switching assets of the type and character detailed in Accounts 2211 through 2212. [ 82 FR 20841 , May 4, 2017] § 32.2211 Non-digital switching. ( a ) This account shall include: ( 1 ) Original cost of stored program control analog circuit-switching and associated equipment. ( 2 ) Cost of remote analog electronic circuit switches. ( 3 ) Original cost of non-electronic circuit-switching equipment such as Step-by-Step, Crossbar, and Other Electro-Mechanical Switching. ( b ) Switching plant excludes switchboards which perform an operator assistance function and equipment which is an integral part thereof. It does not exclude equipment used solely for the recording of calling telephone numbers in connection with customer dialed charged traffic, dial tandem switchboards and special service switchboards used in conjunction with private line service; such equipment shall be classified to the particular switch that if serves. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5686 , Feb. 6, 2002] § 32.2212 Digital electronic switching. ( a ) This account shall include the original cost of stored program control digital switches and their associated equipment. Included in this account are digital switches which utilize either dedicated or non-dedicated circuits. This account shall also include the cost of remote digital electronic switches. The investment in digital electronic switching equipment shall be maintained in the following subaccounts: 2212.1 Circuit and 2212.2 Packet. ( b ) This subaccount 2212.1 Circuit shall include the original cost of digital electronic switching equipment used to provide circuit switching. Circuit switching is a method of routing traffic through a switching center, from local users or from other switching centers, whereby a connection is established between the calling and called stations until the connection is released by the called or calling station. ( c ) This subaccount 2212.2 Packet shall include the original cost of digital electronic switching equipment used to provide packet switching. Packet switching is the process of routing and transferring information by means of addressed packets so that a channel is occupied during the transmission of the packet only, and upon completion of the transmission the channel is made available for the transfer of other traffic. ( d ) Digital electronic switching equipment used to provide both circuit and packet switching shall be recorded in the subaccounts 2212.1 Circuit and 2212.2 Packet based upon its predominant use. ( e ) Switching plant excludes switchboards which perform an operator assistance function and equipment which is an integral part thereof. It does not exclude equipment used solely for the recording of calling telephone numbers in connection with customer dialed charged traffic, dial tandem switchboards and special service switchboards used in conjunction with private line service; such equipment shall be classified to the particular switch that it serves. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5686 , Feb. 6, 2002] § 32.2220 Operator systems. ( a ) This account shall include the original cost of those items of equipment used to assist subscribers in utilizing the network and equipment used in the provision of directory assistance, call intercept, and other operator assisted call completion activities. ( b ) This account does not include equipment used solely for the recording of calling telephone numbers in connection with customer dialed charged traffic, dial tandem switchboards and special service switchboards used in conjunction with private line service; such equipment shall be classfied to the particular switch that it serves. [ 51 FR 43499 , Dec. 2, 1986, as amended at 59 FR 46930 , Sept. 13, 1994] § 32.2230 Central office—transmission. This account shall be used by companies to record the original cost of radio systems and circuit equipment of the type and character detailed in Accounts 2231 and 2232. [ 82 FR 20841 , May 4, 2017] § 32.2231 Radio systems. ( a ) This account shall include the original cost of ownership of radio transmitters and receivers. This account shall include the original cost of ownership interest in satellites (including land-side spares), other spare parts, material and supplies. It shall include launch insurance and other satellite launch costs. This account shall also include the original cost of earth stations and spare parts, material or supplies therefor. ( b ) This account shall also include the original cost of radio equipment used to provide radio communication channels. Radio equipment is that equipment which is used for the generation, amplification, propagation, reception, modulation, and demodulation of radio waves in free space over which communication channels can be provided. This account shall also include the associated carrier and auxiliary equipment and patch bay equipment which is an integral part of the radio equipment. Such equipment may be located in central office building, terminal room, or repeater stations or may be mounted on towers, masts, or other supports. [ 67 FR 5686 , Feb. 6, 2002] § 32.2232 Circuit equipment. ( a ) This account shall include the original cost of equipment which is used to reduce the number of physical pairs otherwise required to serve a given number of subscribers by utilizing carrier systems, concentration stages or combinations of both. It shall include equipment that provides for simultaneous use of a number of interoffice channels on a single transmission path. This account shall also include equipment which is used for the amplification, modulation, regeneration, circuit patching, balancing or control of signals transmitted over interoffice communications transmission channels. This account shall include equipment which utilizes the message path to carry signaling information or which utilizes separate channels between switching offices to transmit signaling information independent of the subscribers' communication paths or transmission channels. This account shall also include the original cost of associated material used in the construction of such plant. Circuit equipment may be located in central offices, in manholes, on poles, in cabinets or huts, or at other company locations. The investment in circuit equipment shall be maintained in the following subaccounts: 2232.1 Electronic and 2232.2 Optical. ( b ) This subaccount 2232.1 Electronic shall include the original cost of electronic circuit equipment. ( c ) This subaccount 2232.2 Optical shall include the original cost of optical circuit equipment. ( d ) Circuit equipment that converts electronic signals to optical signals or optical signals to electronic signals shall be categorized as electronic. ( e ) This account excludes carrier and auxiliary equipment and patch bays which are includable in Account 2231.2, Other Radio Facilities. This account also excludes such equipment which is an integral component of a major unit which is classifiable to other accounts. ( f ) Subsidiary record categories shall be maintained in order that the company may separately report the amounts contained herein that relate to digital and analog. Such subsidiary record categories shall be reported as required by part 43 of this Commission's Rules and Regulations. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5686 , Feb. 6, 2002] § 32.2310 Information origination/termination. This account shall be used by companies to record the original cost of information origination/termination equipment of the type and character detailed in Accounts 2311 through 2362. [ 82 FR 20841 , May 4, 2017] § 32.2311 Station apparatus. ( a ) This account shall include the original cost of station apparatus, including teletypewriter equipment, telephone and miscellaneous equipment, small private branch exchanges and radio equipment (excluding mobile), installed for customer's use. Items included in this account shall remain herein until finally disposed of or until used in such manner as to warrant inclusion in other accounts. ( b ) Each company shall prepare a list of station apparatus which shall be used as its list of disposition units for this account, the cost of which when finally disposed of shall be credited to this account and charged to Account 3100, Accumulated Depreciation. ( c ) The cost of cross-connection boxes, distributing frames or other distribution points which are installed to terminate intrabuilding network cable shall be charged to Account 2426, Intrabuilding Network Cable. ( d ) Operator head sets and transmitters in central offices and at private branch exchanges, and test sets such as those used by wire chiefs, outside plant technicians, and others, shall be included in Account 2114, Tools and other work equipment, Account 2220, Operator systems, or Account 2341, Large Private Branch Exchanges, as appropriate. ( e ) Station apparatus for company official use shall be included in Account 2123, Office Equipment. ( f ) Periodic asset verification, as prescribed by generally accepted accounting principles, shall be taken of all station apparatus in stock that are included in this account. The number of such station apparatus items as determined by this verification together with the number of all other station apparatus items included in this account, shall be compared with the corresponding number of station apparatus items as shown by the respective control records. The original cost of any unreconciled differences thereby disclosed shall be adjusted through Account 3100, Accumulated Depreciation. Appropriate verifications shall be made at suitable intervals and necessary adjustments between this account and Account 3100 shall be made for all station apparatus included in this account. ( g ) Items of station apparatus in stock for which no further use in the ordinary conduct of the business is contemplated, but which as a precautionary measure are held for possible future contingencies instead of being discarded shall be excluded from this account and included in Account 1220, Inventories. ( h ) Embedded CPE is that equipment or inventory which was tariffed or otherwise subject to the jurisdictional separations process as of January 1, 1983. [ 51 FR 43499 , Dec. 2, 1986, as amended at 52 FR 6561 , Mar. 4, 1987; 52 FR 39535 , Oct. 22, 1987; 59 FR 46930 , Sept. 13, 1994; 64 FR 50007 , Sept. 15, 1999; 67 FR 5687 , Feb. 6, 2002] § 32.2341 Large private branch exchanges. ( a ) This account shall include the original cost, including the cost of installation, of multiple manual private branch exchanges and of dial system private branch exchanges of types designed to accommodate 100 or more lines or which can normally be expanded to 100 or more lines, installed for customers' use. This account shall also include the original cost of other large installations of station equipment: ( 1 ) Which do not constitute stations, ( 2 ) which require special or individualized treatment because of their complexity, special design, or other distinctive characteristics, and ( 3 ) for which individual or other specialized cost records are appropriate. (Note also Account 2311, Station Apparatus.) ( b ) The cost of intrabuilding network cables including their associated cross-connection boxes, terminals, distributing frames, etc., is chargeable to Account 2426, Intrabuilding Network Cable. ( c ) The cost of outside plant, whether or not on private property, used with intrabuilding, network cable shall be charged to the appropriate outside plant accounts. ( d ) - ( e ) [Reserved] ( f ) Private branch exchanges for company official use shall be included in Account 2123, Office Equipment. ( g ) Embedded CPE is that equipment or inventory which is tariffed or otherwise subject to the jurisdictional separations process as of January 1, 1983. Inventories of large private branch exchanges equipment are included in Account 1220, Inventories. [ 51 FR 43499 , Dec. 2, 1986, as amended at 52 FR 6562 , Mar. 4, 1987; 52 FR 39535 , Oct. 22, 1987; 59 FR 46930 , Sept. 13, 1994] § 32.2351 Public telephone terminal equipment. ( a ) This account shall include the original cost of coinless, coin-operated (including public and semi-public), credit card and pay telephone installed for use by the public. ( b ) This account shall also include the original cost of operating spares that are required to provide a continuity of service for public telephones. The operating spares shall not exceed six months supply in terms of turnover and be available to installers from locations in reasonable proximity to the location of the installed equipment. ( c ) The original cost of installing public telephone equipment shall not include the labor and minor materials costs of installing the public telephone equipment or premises wiring. These costs as well as the cost of replacing a public telephone shall be charged to Account 6351 Public Telephone Terminal Equipment Expense. The labor and minor materials costs of removal of public telephones will also be charged to Account 6351. [ 51 FR 43499 , Dec. 2, 1986, as amended at 52 FR 29019 , Aug. 5, 1987] § 32.2362 Other terminal equipment. ( a ) This account shall include the original cost of other Non-CPE terminal equipment not specifically provided for elsewhere and items such as specialized communications equipment provided to meet the needs of the disabled, over-voltage protection equipment, multiplexing equipment to deliver multiple channels to customers, etc. ( b ) Each company shall prepare a list of other terminal equipment which shall be used as its list of retirement units for this account, the cost of which when finally disposed of shall be credited to this account and charged to Account 3100, Accumulated Depreciation. § 32.2410 Cable and wire facilities. This account shall be used by companies to record the original cost of cable and wire facilities of the type and character detailed in Accounts 2411 through 2441. [ 82 FR 20841 , May 4, 2017] § 32.2411 Poles. This account shall include the original cost of poles, crossarms, guys and other material used in the construction of pole lines and shall include the cost of towers when not associated with buildings. This account shall also include the cost of clearing pole line routes and of tree trimming but shall exclude the cost of maintaining previously cleared routes. § 32.2421 Aerial cable. ( a ) This account shall include the original cost of aerial cable and of drop and block wires served by such cable or aerial wire as well as the cost of other material used in construction of such plant. Subsidiary record categories, as defined below, are to be maintained for nonmetallic aerial cable and metallic aerial cable. ( 1 ) Nonmetallic cable. This subsidiary record category shall include the original cost of optical fiber cable and other associated material used in constructing a physical path for the transmission of telecommunications signals. ( 2 ) Metallic cable. This subsidiary record category shall include the original cost of single or paired conductor cable, wire and other associated material used in constructing a physical path for the transmission of telecommunications signals. ( b ) The cost of permits and privileges for the construction of cable and wire facilities shall be included in the account chargeable with such construction. § 32.2422 Underground cable. ( a ) This account shall include the original cost of underground cable installed in conduit and of other material used in the construction of such plant. Subsidiary record categories, as defined below, are to be maintained for nonmetallic underground cable and metallic underground cable. ( 1 ) Nonmetallic cable. This subsidiary record category shall include the original cost of optical fiber cable and other associated material used in constructing a physical path for the transmission of telecommunications signals. ( 2 ) Metallic cable. This subsidiary record category shall include the original cost of single or paired conductor cable, wire and other associated material used in constructing a physical path for the transmission of telecommunications signals. ( b ) The cost of pumping water out of manholes and of cleaning manholes and ducts in connection with construction work and the cost of permits and privileges for the construction of cable and wire facilities shall be included in the account chargeable with such construction. ( c ) The cost of drop and block wires served by underground cable shall be included in Account 2423, Buried Cable. ( d ) The cost of cables leading from the main distributing frame or equivalent to central office equipment shall be included in the appropriate switching, transmission or other operations asset account. § 32.2423 Buried cable. ( a ) This account shall include the original cost of buried cable as well as the cost of other material used in the construction of such plant. This account shall also include the cost of trenching for and burying cable run in conduit not classifiable to Account 2441, Conduit Systems. Subsidiary record categories, as defined below, are to be maintained for nonmetallic buried cable and metallic buried cable. ( 1 ) Nonmetallic cable. This subsidiary record category shall include the original cost of optical fiber cable and other associated material used in constructing a physical path for the transmission of telecommunications signals. ( 2 ) Metallic cable. This subsidiary record category shall include the original cost of single or paired conductor cable, wire and other associated material used in constructing a physical path for the transmission of telecommunications signals. ( b ) The cost of pumping water out of manholes and of cleaning manholes and ducts in connection with construction work and the cost of permits and privileges for the construction of cable and wire facilities shall be included in the account chargeable with such construction. § 32.2424 Submarine & deep sea cable. ( a ) This account shall include the original cost of submarine cable and deep sea cable and other material used in the construction of such plant. Subsidiary record categories, as defined below, are to be maintained for nonmetallic submarine and deep sea cable and metallic submarine and deep sea cable. ( 1 ) Nonmetallic cable. This subsidiary record category shall include the original cost of optical fiber cable and other associated material used in constructing a physical path for the transmission of telecommunications signals. ( 2 ) Metallic cable. This subsidiary record category shall include the original cost of single or paired conductor cable, wire and other associated material used in constructing a physical path for the transmission of telecommunications signals. ( b ) The cost of permits and privileges for the construction of cable and wire facilities shall be included in the account chargeable with such construction. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5687 , Feb. 6, 2002] § 32.2426 Intrabuilding network cable. ( a ) This account shall include the original cost of cables and wires located on the company's side of the demarcation point or standard network interface inside subscribers' buildings or between buildings on one customer's same premises. Intrabuilding network cables are used to distribute network access facilities to equipment rooms, cross-connection or other distribution points at which connection is made with customer premises wiring. Subsidiary record categories, as defined below, are to be maintained for nonmetallic intrabuilding network cable and metallic intrabuilding network cable. ( 1 ) Nonmetallic cable. This subsidiary record category shall include the original cost of optical fiber cable and other associated material used in constructing a physical path for the transmission of telecommunications signals. ( 2 ) Metallic cable. This subsidiary record category shall include the original cost of single or paired conductor cable, wire and other associated material used in constructing a physical path for the transmission of telecommunications signals. ( b ) The cost of pumping water out of manholes and of cleaning manholes and ducts in connection with construction work and the cost of permits and privileges for the construction of cable and wire facilities shall be included in the account chargeable with such construction. ( c ) Intrabuilding network cable does not include the cost of cables or wires which are classifiable as network terminating wire, nor the cables or wires from the demarcation point or standard network interface to subscribers' stations. § 32.2431 Aerial wire. ( a ) This account shall include the original cost of bare line wire and other material used in the construction of such plant. ( b ) The cost of permits and privileges for the construction of cable and wire facilities shall be included in the account chargeable with such construction. ( c ) The cost of drop and block wires served by aerial wire shall be included in Account 2421, Aerial Cable. § 32.2441 Conduit systems. ( a ) This account shall include the original cost of conduit, whether underground, in tunnels or on bridges, which is reusable in place. It shall also include the cost of opening trenches and of any repaving necessary in the construction of conduit plant. ( b ) The cost of pumping water out of manholes and of cleaning manholes and ducts in connection with construction work and the cost of permits and privileges for the construction of cable and wire facilities shall be included in the account chargeable with such construction. ( c ) The cost of protective covering for buried cable shall be charged to Account 2423, Buried Cable, as appropriate, unless such protective covering is reusable in place. The amounts thus charged shall be included in the nonmetallic buried cable or metallic buried cable subsidiary record category, as appropriate. ( d ) The cost of pipes or other protective covering for underground drop and block wires shall be included in Account 2421, Aerial Cable, or Account 2423, Buried Cable, as appropriate. The amounts thus charged shall be included in the nonmetallic or metallic subsidiary record category, as appropriate. § 32.2680 Amortizable tangible assets. This account shall be used by companies to record amounts for property acquired under finance leases and the original cost of leasehold improvements of the type of character detailed in Accounts 2681 and 2682. [ 84 FR 4729 , Feb. 19, 2019] § 32.2681 Finance leases. ( a ) This account shall include all property acquired under a finance lease. A lease qualifies as a finance lease when one or more of the following criteria is met: ( 1 ) By the end of the lease term, ownership of the leased property is transferred to the leasee. ( 2 ) The lease contains a bargain purchase option. ( 3 ) The lease term is substantially (75% or more) equal to the estimated useful life of the leased property. However, if the beginning of the lease term falls within the last 25% of the total estimated economic life of the leased property, including earlier years of use, this criterion shall not be used for purposes of classifying the lease. ( 4 ) At the inception of the lease, the present value of the minimum lease payments, excluding that portion of the payments representing executory costs to be paid by the lessor, including any profit thereon, equals or exceeds 90% or more of the fair value of the leased property. However, if the beginning of the lease term falls within the last 25% of the total estimated economic life of the leased property, including earlier years of use, this criterion shall not be used for purposes of classifying the lease. ( b ) All other leases are operating leases. ( c ) The amounts recorded in this account at the inception of a finance lease shall be equal to the original cost, if known, or to the present value not to exceed fair value, at the beginning of the lease term, of minimum lease payments during the lease term, excluding that portion of the payments representing executory costs to be paid by the lessor, together with any profit thereon. [ 51 FR 43499 , Dec. 2, 1986, as amended at 84 FR 4729 , Feb. 19, 2019] § 32.2682 Leasehold improvements. ( a ) This account shall include the original cost of leasehold improvements made to telecommunications plant held under a finance or operating lease, which are subject to amortization treatment. This account shall also include those improvements which will revert to the lessor. ( b ) Improvements to leased telecommunications plant which are of a relatively minor cost or short life or for which the period of the lease is one year or less shall be charged to the account chargeable with the cost of repairs to such plant. ( c ) Amounts contained in this account shall be amortized over the term of the related lease. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5687 , Feb. 6, 2002; 69 FR 53649 , Sept. 2, 2004; 82 FR 20841 , May 4, 2017; 84 FR 4730 , Feb. 19, 2019] § 32.2690 Intangibles. ( a ) This account shall include the cost of organizing and incorporating the company, the original cost of government franchises, the original cost of patent rights, and other intangible property having a life of more than one year and used in connection with the company's telecommunications operations. ( b ) [Reserved] ( c ) The cost of other intangible assets, not including software, having a life of one year or less shall be charged directly to Account 6564, Amortization expense—intangible. Such intangibles acquired at small cost may also be charged to Account 6564, irrespective of their term of life. The cost of software having a life of one year or less shall be charged directly to the applicable expense account with which the software is associated. ( d ) The amortization associated with the costs recorded in the Intangibles account will be credited directly to this asset account, leaving a balance representing the unamortized cost. ( e ) This account shall not include any discounts on securities issued, nor shall it include costs incident to negotiating loans, selling bonds or other evidences of debt, or expenses in connection with the authorization, issuance, sale or resale of capital stock. ( f ) When charges are made to this account for expenses incurred in mergers, consolidations, or reorganizations, amounts previously included in this account on the books of the various companies concerned shall not be carried over. ( g ) Franchise taxes payable annually or more frequently shall be charged to Account 7240, Operating other taxes. ( h ) This account shall not include the cost of plant, material and supplies, or equipment furnished to municipalities or other governmental authorities when given other than as initial consideration for franchises or similar rights. (Note also Account 6720, General & administrative). ( i ) This account shall not include the original cost of easements, rights of way, and similar rights in land having a term of more than one year. Such amounts shall be recorded in Account 2111, Land, or in the appropriate outside plant account (see Accounts 2411 through 2441), or in the appropriate central office account (see Accounts 2211 through 2232). [ 67 FR 5687 , Feb. 6, 2002, as amended at 69 FR 53649 , Sept. 2, 2004; 82 FR 20841 , May 4, 2017] § 32.3000 Instructions for balance sheet accounts—depreciation and amortization. ( a ) Depreciation and amortization subsidiary records. ( 1 ) Subsidiary record categories shall be maintained for each class of depreciable telecommunications plant in Account 3100 for which there is a prescribed depreciation rate. (See also § 32.2000(g)(1)(iii) .) ( 2 ) Subsidiary records shall be maintained for Accounts 2005, 2682, 2690, 3400 in accordance with § 32.2000(h)(4) . ( b ) Depreciation and amortization accounts to be maintained by telephone companies, as indicated. Account title Depreciation and amortization: Accumulated depreciation 3100 Accumulated depreciation—Held for future telecommunications use 3200 Accumulated depreciation—Nonoperating 3300 Accumulated depreciation—Tangible 3400 [ 82 FR 20841 , May 4, 2017] § 32.3100 Accumulated depreciation. ( a ) This account shall include the accumulated depreciation associated with the investment contained in Account 2001, Telecommunications Plant in Service. ( b ) This account shall be credited with depreciation amounts concurrently charged to Account 6561, Depreciation expense—telecommunications plant in service. (Note also Account 3300, Accumulated depreciation—nonoperating.) ( c ) At the time of retirement of depreciable operating telecommunications plant, this account shall be charged with the original cost of the property retired plus the cost of removal and credited with the salvage value and any insurance proceeds recovered. ( d ) This account shall be credited with amounts charged to Account 1438, Deferred maintenance, retirements, and other deferred charges, as provided in § 32.2000(g)(4) of this subpart . This account shall be credited with amounts charged to Account 6561 with respect to other than relatively minor losses in service values suffered through terminations of service when charges for such terminations are made to recover the losses. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5687 , Feb. 6, 2002; 69 FR 53649 , Sept. 2, 2004] § 32.3200 Accumulated depreciation—held for future telecommunications use. ( a ) This account shall include the accumulated depreciation associated with the investment contained in Account 2002, Property Held for Future Telecommunications Use. ( b ) This account shall be credited with amounts concurrently charged to Account 6562, Depreciation expense—property held for future telecommunications use. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5688 , Feb. 6, 2002; 69 FR 53649 , Sept. 2, 2004] § 32.3300 Accumulated depreciation—nonoperating. ( a ) This account shall include the accumulated amortization and depreciation associated with the investment contained in Account 2006, Nonoperating Plant. ( b ) This account shall be credited with amortization and depreciation amounts concurrently charged to Account 7300, Nonoperating income and expense. ( c ) When nonoperating plant not previously used in telecommunications service is disposed of, this account shall be charged with the amount previously credited hereto with respect to such property and the book cost of the property so retired less the amount chargeable to this account and less the value of the salvage recovered or the proceeds from the sale of the property shall be included in Account 7300, Nonoperating income and expense. In case the property had been used in telecommunications service previous to its inclusion in Account 2006, Nonoperating Plant, the amount accrued for depreciation thereon after its retirement from telecommunications service shall be charged to this account and credited to Account 3100, Accumulated depreciation, and the accounting for its retirement from Account 2006 shall be in accordance with that applicable to telecommunications plant retired. [ 51 FR 43499 , Dec. 2, 1986, as amended at 59 FR 46930 , Sept. 13, 1994; 67 FR 5688 , Feb. 6, 2002] § 32.3400 Accumulated amortization—tangible. ( a ) This account shall include: ( 1 ) The accumulated amortization associated with the investment contained in Account 2681, Finance leases. ( 2 ) the accumulated amortization associated with the investment contained in Account 2682, Leasehold improvements. ( b ) This account shall be credited with amounts for the amortization of finance leases and leasehold improvements concurrently charged to Account 6563, Amortization expense—tangible. (Note also Account 3300, Accumulated depreciation—nonoperating.) ( c ) When any item carried in Account 2681 or Account 2682 is sold, is relinquished, or is otherwise retired from service, this account shall be charged with the cost of the retired item. Remaining amounts associated with the item shall be debited to Account 7100, Other operating income and expenses, or Account 7300, Nonoperating income and expense, as appropriate. [ 69 FR 53649 , Sept. 2, 2004, as amended at 82 FR 20842 , May 4, 2017; 84 FR 4730 , Feb. 19, 2019] § 32.3410 Accumulated amortization—capitalized finance leases. ( a ) This account shall include the accumulated amortization associated with the investment contained in Account 2681, Finance Leases. ( b ) This account shall be credited with amounts for the amortization of finance leases concurrently charged to Account 6563, Amortization expense—tangible. (Note also Account 3300, Accumulated depreciation—nonoperating.) ( c ) When any item carried in Account 2681 is sold, is relinquished, or is otherwise retired from service, this account shall be charged with the cost of the retired item. Remaining amounts associated with the item shall be debited to Account 7100, Other operating income and expenses, or Account 7300, Nonoperating income and expense, as appropriate. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5688 , Feb. 6, 2002; 69 FR 53649 , Sept. 2, 2004; 84 FR 4730 , Feb. 19, 2019] § 32.3999 Instructions for balance sheet accounts—liabilities and stockholders' equity. Liabilities and Stockholders' Equity Accounts To Be Maintained by Companies Account title Current liabilities: Current accounts and notes payable 4000 Customer's Deposits 4040 Income taxes—accrued 4070 Other taxes—accrued 4080 Net Current Deferred Nonoperating Income Taxes 4100 Net Current Deferred Nonoperating Income Taxes 4110 Other current liabilities 4130 Long-term debt: Long Term debt and Funded debt 4200 Other liabilities and deferred credits: Other liabilities and deferred credits 4300 Unamortized operating investment tax credits—net 4320 Unamortized nonoperating investment tax credits—net 4330 Net noncurrent deferred operating income taxes 4340 Net deferred tax liability adjustments 4341 Net noncurrent deferred nonoperating income taxes 4350 Deferred tax regulatory adjustments—net 4361 Other jurisdictional liabilities and deferred credits—net 4370 Stockholder's equity: Capital stock 4510 Additional paid-in capital 4520 Treasury stock 4530 Other capital 4540 Retained earnings 4550 [ 82 FR 20842 , May 4, 2017] § 32.4000 Current accounts and notes payable. ( a ) This account shall include: ( 1 ) All amounts currently due to others for recurring trade obligations, and not provided for in other accounts, such as those for traffic settlements, material and supplies, repairs to telecommunications plant, matured rents, and interest payable under monthly settlements on short-term loans, advances, and open accounts. It shall also include amounts of taxes payable that have been withheld from employees' salaries. ( 2 ) Accounts payable arising from sharing of revenues. ( 3 ) The face amount of notes, drafts, and other evidences of indebtedness issued or assumed by the company (except interest coupons) which are payable on demand or not more than one year or less from date of issue. ( b ) If any part of an obligation, otherwise includable in this account matures more than one year from date of issue, it shall be included in Account 4200, Long term debt and funded debt, or other appropriate account. ( c ) The records supporting the entries to this account shall be kept so that the company can furnish complete details as to each note, when it is issued, the consideration received, and when it is payable. ( d ) Subsidiary record categories shall be maintained for this account in order that the company may separately report the amounts contained herein that relate to nonaffiliates and affiliates. Such subsidiary record categories shall be reported as required by part 43 of this chapter . [ 67 FR 5688 , Feb. 6, 2002] § 32.4040 Customers' deposits. ( a ) This account shall include the amount of cash deposited with the company by customers as security for the payment for telecommunications service. ( b ) Advance payments made by prospective customers prior to the establishment of service shall be credited to Account 4130, Other current liabilities. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5689 , Feb. 6, 2002] § 32.4070 Income taxes—accrued. ( a ) This account shall be credited or charged and the following accounts shall be charged or credited with the offsetting amount of current year income taxes (Federal, state and local) accrued during the period or adjustments to prior accruals: 7220 Operating Federal Income Taxes, 7230 Operating State and Local Income Taxes, 7400 Nonoperating Taxes, 7600 Extraordinary Items. ( b ) If significant, current year income taxes paid in advance shall be reclassified to Account 1280, Prepayments. [ 67 FR 5689 , Feb. 6, 2002] § 32.4080 Other taxes—accrued. ( a ) This account shall be credited or charged and Account 7240, Operating Other Taxes, or 7400, Nonoperating Taxes, or, for payroll related costs, the appropriate expense accounts shall be charged or credited for all taxes, other than Federal, State and local income taxes, accrued or adjusted for previous accruals during the period. Among the taxes includable in this account are property, gross receipts, franchise, capital stock, social security and unemployment taxes. ( b ) Taxes paid in advance of the period in which they are chargeable to income shall be included in the prepaid taxes Account 1280, Prepayments, or 1410, Other Noncurrent Assets, as appropriate. [ 67 FR 5689 , Feb. 6, 2002] § 32.4100 Net current deferred operating income taxes. ( a ) This account shall include the balance of income tax expense related to current items from regulated operations which have been deferred to later periods as a result of the normalized method of accounting for tax differentials authorized by this Commission and not provided for elsewhere. ( b ) As regulated assets or liabilities which generated the deferred income tax are reclassified from long-term or noncurrent status to current, the appropriate deferred income tax shall be reclassified from Account 4340, Net Noncurrent Deferred Operating Income Taxes, to this account. ( c ) This account shall be debited or credited with the amount being debited or credited to Account 7250, Provision For Deferred Operating Income Taxes—Net, in accordance with that account's description and § 32.22 of subpart B. ( d ) The classification of deferred income taxes as current or noncurrent shall follow the classification of the asset or liability that gave rise to the deferred income tax. If there is no related asset or liability, classification shall be based on the expected turnaround of the temporary differences. ( e ) Subsidiary record categories shall be maintained in order that the company may separately report the amounts contained herein that are property related and those that are nonproperty related. Such subsidiary record categories shall be reported as required by part 43 of this Commission's Rules and Regulations. [ 51 FR 43499 , Dec. 2, 1986, as amended at 59 FR 9419 , Feb. 28, 1994] § 32.4110 Net current deferred nonoperating income taxes. ( a ) This account shall include the balance of income tax expense resulting from comprehensive interpreted tax allocation which has been deferred to later periods. ( b ) As other assets or liabilities which generated the deferred income tax are reclassified from long-term or noncurrent status to current, the appropriate deferred income tax shall be reclassified from Account 4350, Net Noncurrent Deferred Nonoperating Income Taxes, to this account. ( c ) This account shall be debited or credited with the amount being credited or debited to Account 7400, Nonoperating taxes, in accordance with that account's description and § 32.22 . ( d ) This account shall also include the balance of the income taxes (Federal, state and local) related to current extraordinary items which have been deferred to later periods resulting from comprehensive interperiod tax allocation. ( e ) As the extraordinary item which generated the deferred income tax becomes current, the appropriate deferred income tax shall be reclassified from Account 4350, Net Noncurrent Deferred Nonoperating Income Taxes, to this account. ( f ) This account shall be debited or credited with the amount being credited and debited to Account 7600, Extraordinary Items. ( g ) The classification of deferred income taxes as current or noncurrent shall follow the classification of the asset or liability that gave rise to deferred income tax. If there is no related asset or liability, classification shall be based on the expected turnaround of the temporary differences. ( h ) Subsidiary record categories shall be maintained in order that the company may separately report the amounts contained herein that are property related and those that are nonproperty related. Such subsidiary record categories shall be reported as required by part 43 of this Commission's Rules and Regulations. [ 51 FR 43499 , Dec. 2, 1986, as amended at 59 FR 9419 , Feb. 28, 1994; 67 FR 5689 , Feb. 6, 2002] § 32.4130 Other current liabilities. This account shall include: ( a ) The amount of advance billing creditable to revenue accounts in future months; also advance payments made by prospective customers prior to the establishment of service. Amounts included in this account shall be credited to the appropriate revenue accounts in the months in which the service is rendered or cleared from this account as refunds are made. ( b ) The amount (including any obligations for premiums) of long-term debt matured and unpaid without any specific agreement for extension of maturity, including unpresented bonds drawn for redemption through the operation of sinking and redemption fund agreements. ( c ) The current portion of obligations applicable to property obtained under finance leases. ( d ) The amount of wages, compensated absences, interest on indebtedness of the company, dividends on capital stock, and rents accrued to the date for which the balance sheet is made, but not payable until after that date. Accruals shall be maintained so as to show separately the amount and nature of the items accrued to the date of the balance sheet. ( e ) Matured rents, dividends, interest payable under monthly settlements on short-term loans, advances, and open accounts shall be included in Account 4000. ( f ) All other liabilities of current character which are not included in Account 4000 through 4110. [ 67 FR 5689 , Feb. 6, 2002, as amended at 84 FR 4730 , Feb. 19, 2019] § 32.4200 Long term debt and funded debt. ( a ) This account shall include: ( 1 ) The total face amount of unmatured debt maturing more than one year from date of issue, issued by the company and not retired, and the total face amount of similar unmatured debt of other companies, the payment of which has been assumed by the company, including funded debt the maturity of which has been extended by specific agreement. This account shall also include such items as mortgage bonds, collateral trust bonds, income bonds, convertible debt, debt securities with detachable warrants and other similar obligations maturing more than one year from date of issue. ( 2 ) The premium associated with all classes of long-term debt. Premium, as applied to securities issued or assumed by the company, means the excess of the current money value received at their sale over the sum of their book or face amount and interest or dividends accrued at the date of the sale. ( 3 ) The discount associated with all classes of long-term debt. Discount, as applied to securities issued or assumed by the company, means the excess of the book or face amount of the securities plus interest or dividends accrued at the date of the sale over the current money value of the consideration received at their sale. ( 4 ) The face amount of debt reacquired prior to maturity that has not been retired. Gain or loss shall be recognized at the time of reacquisition by credits or charges to Account 7300, Nonoperating income and expense, except that material gains or losses shall be treated as extraordinary. (See Account 7600, Extraordinary items.) ( 5 ) The noncurrent portion of obligations applicable to property obtained under finance leases. Amounts subject to current settlement shall be included in Account 4130, Other current liabilities. ( 6 ) The amount of advance from affiliated companies. Amounts due affiliated companies which are subject to current settlement shall be included in Account 4000. ( 7 ) Investment advances, including those represented by notes. ( 8 ) Long-term debt not provided for elsewhere. ( 9 ) The noncurrent portion of obligations applicable to property subject to capitalized operating leases. Amounts subject to current settlement shall be included in Account 4130, Other current liabilities. Any balance in this account relating to capitalized operating leases shall be excluded in any ratemaking calculations. ( b ) Subsidiary records shall be maintained for each issue. The subsidiary records shall identify the premium or discount attributable to each issue. ( c ) Premiums and discounts on long-term debt recorded in this account shall be amortized monthly by the interest method and charged or credited, as appropriate, to Account 7500, Interest and related items. ( d ) Debt securities with detachable warrants shall be accounted for in accordance with generally accepted accounting principles. ( e ) Securities maturing in one year or less, including securities maturing serially, shall be included in Account 4130, Other current liabilities. [ 67 FR 5689 , Feb. 6, 2002, as amended at 84 FR 4730 , Feb. 19, 2019] § 32.4300 Other long-term liabilities and deferred credits. ( a ) This account shall include amounts accrued to provide for such items as unfunded pensions (if actuarially determined), death benefits, deferred compensation costs and other long-term liabilities not provided for elsewhere. Subsidiary records shall be maintained to identify the nature of these items. ( b ) This account shall include the amount of all deferred credits not provided for elsewhere, such as amounts awaiting adjustment between accounts; and revenue, expense, and income items in suspense. ( c ) This account shall include the deferred obligations associated with a capitalize operating lease longer than one year. The amounts recorded in this account at the inception of an operating lease shall be equal to the present value not to exceed fair value, at the beginning of the lease term, of minimum lease payments during the lease term, excluding that portion of the payments representing executory costs to be paid by the lessor, together with any profit thereon. [ 67 FR 5690 , Feb. 6, 2002, as amended at 84 FR 4730 , Feb. 19, 2019] § 32.4320 Unamortized operating investment tax credits—net. ( a ) This account shall be credited and Account 7210, Operating Investment Tax Credits—Net, should be debited with investment tax credits generated from qualified expenditures related to regulated operations which the company defers rather than recognizes currently in income. ( b ) This account shall be debited and Account 7210 credited with a proportionate amount determined in relation to the period of time used for computing book depreciation on the property to which the tax credit relates. § 32.4330 Unamortized nonoperating investment tax credits—net. ( a ) This account shall be credited and Account 7400, Nonoperating Taxes, shall be debited with investment tax credits generated from qualified expenditures related to other operations which the company has elected to defer rather than recognize currently in income. ( b ) This account shall be debited and Account 7400 credited with a proportionate amount determined in relation to the useful book life of the property to which the tax credit relates. [ 67 FR 5690 , Feb. 6, 2002] § 32.4340 Net noncurrent deferred operating income taxes. ( a ) This account shall include the balance of income tax expense related to noncurrent items from regulated operations which have been deferred to later periods as a result of comprehensive interperiod tax allocation related to temporary differences that arise from regulated operations. ( b ) This account shall be credited or debited, as appropriate, and Account 7250, Provision for Deferred Operating Income Taxes—Net, shall reflect the offset for the tax effect of revenues and expenses from regulated operations which have been included in the determination of taxable income, but which will not be included in the determination of book income or for the tax effect of revenues and expenses from regulated operations which have been included in the determination of book income prior to the inclusion in the determination of taxable income. ( c ) As regulated assets or liabilities which generated the prepaid income tax or deferred income tax are reclassified from long-term or noncurrent status to current status, the appropriate deferred income tax shall be reclassified from this account to Account 4100, Net Current Deferred Operating Income Taxes. ( d ) The classification of deferred income taxes as current or noncurrent shall follow the classification of the asset or liability that gave rise to the deferred income tax. If there is no related asset or liability, classification shall be based on the expected turnaround of the temporary difference. ( e ) Subsidiary record categories shall be maintained in order that the company may separately report the amounts contained herein that are property related and those that are nonproperty related. Such subsidiary record categories shall be reported as required by part 43 of this Commission's Rules and Regulations. [ 51 FR 43499 , Dec. 2, 1986, as amended at 59 FR 9419 , Feb. 28, 1994] § 32.4341 Net deferred tax liability adjustments. ( a ) This account shall include the portion of deferred income tax charges and credits pertaining to Account 32.4361, Deferred tax regulatory adjustments—net. ( b ) This account shall be used to record adjustments to the accumulated deferred tax liabilities recorded in Accounts 4100 and 4340 for: ( 1 ) Tax effects of temporary differences accounted for under the flow-through method or treated as permanent differences. ( 2 ) Reclassification attributable to changes in tax rates (Federal, state and local). As tax rates increase or decrease, the offsetting debit or credit will be recorded in Account 4361 as required by paragraph (a) of this section. ( 3 ) The tax effects of carryforward net operating losses and carryforward investment tax credits expected to reduce future taxes payable that are reported in published financial statements. ( 4 ) Reversals of the tax effects of carryforward net operating losses and carryforward investment tax credits previously recorded in this account at the time they become recognized as reductions in current taxable income and current taxes payable on tax returns. ( c ) This account shall be exempt from the vintage year detail record requirements of § 32.22(e)(2) . [ 59 FR 9419 , Feb. 28, 1994, as amended at 67 FR 5690 , Feb. 6, 2002] § 32.4350 Net noncurrent deferred nonoperating income taxes. ( a ) This account shall include the balance of income tax expense (Federal, state, and local) that has been deferred to later periods as a result of comprehensive interperiod allocation related to nonoperating differences. ( b ) This account shall be credited or debited, as appropriate, and Account 7400, Nonoperating Taxes, shall reflect the offset for the tax effect of revenues from other operations and extraordinary items and nonoperating expenses which have been included in the determination of taxable income, but which will not be included in the determination of book income or for the tax effect of nonoperating expenses and extraordinary items and nonoperating income which have been included in the determination of book income prior to the inclusion in the determination of taxable income. ( c ) As other assets or liabilities which generated the prepaid income tax or deferred income tax are reclassified from long-term or non-current status to current status, the appropriate deferred income tax shall be reclassified from this account to account 4110, Net Current Deferred Nonoperating Income Taxes. ( d ) This account shall also include the balance of the income tax effect (Federal, State and local) related to noncurrent extraordinary items which have been included in the determination of taxable income in a period different from when it is included in the determination of book income, that is, more than one year. ( e ) This account shall be charged or credited with the contra amount recorded to Account 7600, Extraordinary items, in accordance with § 32.22 . ( f ) As the extraordinary item which generated the deferred income tax becomes current, the appropriate deferred income tax shall be reclassified from this account to Account 4110, Net Current Deferred Nonoperating Income Taxes. ( g ) The classification of deferred income taxes as current or noncurrent shall follow the classification of the asset or liability that gave rise to the deferred income tax. If there is no related asset or liability, classification shall be based on the expected turnaround of the temporary difference. ( h ) Subsidiary record categories shall be maintained in order that the company may separately report the amounts contained herein that are property related and those that are nonproperty related. Such subsidiary record categories shall be reported as required by part 43 of this Commission's Rules and Regulations. [ 51 FR 43499 , Dec. 2, 1986, as amended at 59 FR 9419 , Feb. 28, 1994; 67 FR 5690 , Feb. 6, 2002] § 32.4361 Deferred tax regulatory adjustments—net. ( a ) This account shall include amounts of probable future revenue for the recovery of future increases in taxes payable and amounts of probable future revenue reductions attributable to future decreases in taxes payable. As reductions or reversals occur, amounts recorded in this account shall be reduced or increased, with a contra entry being made to Account 4341, Net deferred tax liability adjustments. ( b ) This account shall also be adjusted for the impact of prospective tax rate changes on the deferred tax liability for those temporary differences underlying its existing balance. [ 67 FR 5690 , Feb. 6, 2002] § 32.4370 Other jurisdictional liabilities and deferred credits—net. This account shall include the cumulative impact on liabilities and deferred credits of the jurisdictional ratemaking practices which vary from those of this Commission. All entries recorded in this account shall be recorded net of any applicable income tax effects and shall be supported by appropriate subsidiary records where necessary as provided for in § 32.13 of subpart B. § 32.4510 Capital stock. ( a ) This account shall include the par value, stated amount, or in the case of no-par stock, the amount received for capital stock issued and outstanding. ( b ) Subsidiary records shall be maintained so as to show separately each class of stock. ( c ) This account shall be charged with the book amount of any stock retired. § 32.4520 Additional paid-in capital. ( a ) This account shall include the difference between the net proceeds (including discount, premium and stock issuance expense) received from the issuance of capital stock and the amount includable in Account 4510, Capital Stock, unless such difference results in a debit balance for that class of stock, in which case the amount shall be charged to Account 4550, Retained Earnings. ( b ) This account shall also include gains arising from the retirement and cancellation of capital stock. Losses from the retirement and cancellation of capital stock shall be charged to this account to the extent that there exist credits in this account for the same class of stock; otherwise to Account 4550. § 32.4530 Treasury stock. This account shall include the cost of the company's own capital stock which has been issued and subsequently reacquired but not retired or resold. § 32.4540 Other capital. This account shall include amounts which are credits arising from the donation by stockholders of the company's capital stock, capital recorded upon the reorganization or recapitalization of the company and temporary declines in the value of marketable securities held for investment purposes. (See also Account 1410, Other noncurrent assets). [ 67 FR 5690 , Feb. 6, 2002] § 32.4550 Retained earnings. ( a ) This account shall include the undistributed balance of retained earnings derived from the operations of the company and from all other transactions not includable in the other accounts appropriate for inclusion of stockholders' equity. ( b ) Subsidiary records shall be maintained wherein are recorded all entries to retained earnings during the year such that the detail of the entries may be disclosed to the Commission. Subpart D—Instructions For Revenue Accounts § 32.4999 General. ( a ) Purpose of revenue accounts. The revenue accounts are intended to include the actual cash inflows (or equivalents) that have or will occur as a result of the company's ongoing major or central operations during the period. They will include the revenues which arise from furnishing regulated telecommunications services to others, from directory advertising, rentals of telecommunications assets and from providing other services which are directly associated with the provision of regulated telecommunications services. ( b ) Deductions from revenue. Corrections of overcharges, authorized refunds of overcollections previously credited to revenue, authorized refunds and adjustments on account of failure in service, and other corrections shall be charged to the revenue account previously credited with the amounts involved. ( c ) Commissions. Commissions paid to others or employees in place of compensation or salaries for services rendered, such as public telephone commissions, shall be charged to Account 6623, Customer services, and not to the revenue accounts. Other commissions shall be charged to the appropriate expense accounts. ( d ) Revenue recognition. Credits shall be made to the appropriate revenue accounts when such revenue is actually earned. When the billing cycle encompasses more than one accounting period, adjustments are necessary to properly recognize the revenue applicable to the current accounting period under report. Revenues recorded under the terms of two-tier contracts or other variable payment plans should be deferred, if necessary, and recognized ratably with expenses over the terms of the related contract. Any amounts deferred shall be credited to Account 4300, Other long-term liabilities and deferred credits. ( e ) Contractual arrangements. Charges and credits resulting from activities associated with the provisions of regulated telecommunications services shall be recorded in a manner consistent with the nature of the underlying contractual arrangements. The charges and credits resulting from expense sharing or apportionment arrangements associated with the provision of regulated telecommunications services shall be recorded in the detailed regulated accounts. Charges and credits resulting from revenue settlement agreements or other revenue pooling arrangements associated with the provision of regulated telecommunications services shall be included in the appropriate revenue accounts. Those charges and credits resulting from contractual revenue pooling and/or sharing agreements shall be recorded in each prescribed revenue account and prescribed subsidiary record categories thereof to the extent that each is separately identifiable in the settlement process. It is not intended that settlement amounts be allocated or generally spread to the individual revenue accounts where they are not separately identifiable in the settlement process. When the settlement amounts are not identifiable by a revenue account they shall be recorded in Account 5060, Other basic area revenue, 5105, Long distance message revenue, or 5200, Miscellaneous revenue, as appropriate. ( f ) Subsidiary records—jurisdictional subdivisions and interconnection. Subsidiary record categories shall be maintained in order that the company may separately report revenues derived from charges imposed under intrastate, interstate and international tariff filings. Such subsidiary record categories shall be reported as required by part 43 of this chapter . ( g ) Structure of revenue accounts. ( 1 ) The revenue section of the system of accounts shall be organized by revenue group summary account, account and subsidiary record category (if required). ( 2 ) The revenue section of this system of accounts shall be comprised of six major groups—Local Network Services Revenues, Network Access Services Revenues, Long Distance Network Services Revenues, Miscellaneous Revenues, Nonregulated revenues, and Uncollectible Revenues, which shall be considered as a revenue group for the purposes of the construction of the system. ( 3 ) Accounts shall be maintained as prescribed in this Section subject to the conditions described in section 32.13 of subpart B. In certain instances, subsidiary record categories may be required below the account level by this system of accounts or by Commission order. ( h ) Local Network Services revenues. Local Network Services revenues (Accounts 5001 through 5060) shall include revenues derived from the provision of service and equipment entirely within the basic service area. That area is defined as the normal boundaries for local calling plus Extended Area Service (EAS) boundaries as they apply to that service. It includes revenues derived from both local private network service and local public network services as well as from customer premises facilities services. Local revenues include associated charges such as one-time service connection or termination charges and secondary features such as call waiting. ( i ) Network Access revenues. ( 1 ) Network Access revenues (Accounts 5081-5083) shall include revenues derived from the provision of exchange access services to an interexchange carrier or to an end user of telecommunications services beyond the exchange carrier's network. ( 2 ) Billing and collections service provided under exchange access tariffs shall be included in the Miscellaneous Revenues Group. ( j ) Long Distance Network Service revenues. Long Distance Network Service revenues shall include revenues derived from the provision of services beyond the basic service area, whether message or flat-rate and including public network switching as well as private. ( k ) Miscellaneous revenues. Miscellaneous revenues are those revenues derived from the provision of regulated products and services provided under tariff or contract but not contained elsewhere. They shall also include operating revenue derived from activities performed incident to the company's tariffed telecommunications operations which, though non-tariffed, are included in the regulatory process. ( l ) Nonregulated revenues. The nonregulated revenue account shall be used for nonregulated operating revenues when a nonregulated activity involves the common or joint use of assets or resources in the provision of regulated and nonregulated products or services as required in § 32.23(c) of this subpart . Revenues from nontariffed activities offered incidental to tariffed services may be accounted for as regulated revenues, provided the activities are outgrowths of regulated operations and the revenues do not exceed, in the aggregate, one percent of total revenues for three consecutive years. Such activities must be listed in the Commission-approved Cost Allocation Manual for any company required to file a Cost Allocation Manual. ( m ) Uncollectible revenues. Uncollectible revenues shall include amounts originally credited to the revenue accounts which have proved impracticable of collection. ( n ) Revenue accounts to be maintained. Account title Local network services revenues: Basic local service revenue Network access service revenues: End user revenue 5081 Switched access revenue 5082 Special access revenue 5083 Long distance network services revenues: Long distance message revenue 5100 Miscellaneous revenues: Miscellaneous revenue 5200 Nonregulated revenues: Nonregulated operating revenue 5280 Uncollectible revenues: Uncollectible revenue 5300 [ 51 FR 43499 , Dec. 2, 1986, as amended at 53 FR 49322 , Dec. 7, 1988; 59 FR 46930 , Sept. 13, 1994; 64 FR 50008 , Sept. 15, 1999; 67 FR 5690 , Feb. 6, 2002; 69 FR 53649 , Sept. 2, 2004; 82 FR 20842 , May 4, 2017] § 32.5000 Basic local service revenue. Companies shall use this account for revenues of the type and character detailed in Accounts 5001 through 5060. [ 82 FR 20842 , May 4, 2017] § 32.5001 Basic area revenue. ( a ) This account shall include revenue derived from the provision of the following: ( 1 ) Basic area message services such as flat rate services and measured services. Included is revenue derived from non-optional extended area services. Also included is revenue derived from the billed or guaranteed portion of semi-public services. ( 2 ) Optional extended area service. ( 3 ) Cellular mobile telecommunications systems connected to the public switched network placed between mobile units and other stations within the mobile service area. ( 4 ) General radio telecommunications systems connected to the public switched network placed between mobile units and other stations within the mobile service area, as well as revenue from mobile radio paging, mobile dispatching, and signaling services. ( b ) Revenue derived from charges for nonpublished number or additional and boldfaced listings in the alphabetical section of the company's telephone directories shall be included in account 5230, Directory revenue. ( c ) Revenue from private mobile telephone services which do not have access to the public switched network shall be included in Account 5200, Miscellaneous revenue. [ 67 FR 5691 , Feb. 6, 2002, as amended at 69 FR 53650 , Sept. 2, 2004] § 32.5002 Optional extended area revenue. This account shall include total revenue derived from the provision of optional extended area service. § 32.5003 Cellular mobile revenue. This account shall include message revenue derived from cellular mobile telecommunications systems connected to the public switched network placed between mobile units and other stations within the mobile service area. § 32.5040 Private line revenue. This account shall include revenue derived from local services that involve dedicated circuits, private switching arrangements, and/or predefined transmission paths, whether virtual or physical, which provide communications between specific locations (e.g., point-to-point communications. It includes revenue from subvoice grade, voice grade, audio and video program grade, digital transmission and local private network switching as well as the revenue from administrative and operational support services associated with private network services and facilities, e.g., charges for company-directed testing, expedited installation, and service restoration priority. § 32.5060 Other basic area revenue. This account shall include: ( a ) Revenue from the provision of secondary features which are integrated with the telecommunications network such as call forwarding, call waiting and touch-tone line service. Also included is revenue derived from the provision of public announcement and other record message services, directory assistance and other call completion services (excluding operator assisted basic long distance calls), as well as revenue derived from central office related service connection and termination charges, and other non-premise customer specific charges associated with public network services. This account shall also include local revenue not provided for in other accounts. ( b ) Charges and credits resulting from contractual revenue pooling and/or sharing agreements for tariffed local network services only when they are not separately identifiable by local network services revenue accounts in the settlement process. (See also § 32.4999(e) ). To the extent that the charges and credits resulting from a settlement process can be identified by Local Network Services Revenue account they shall be recorded in the applicable account. ( c ) Revenue derived from tariffed information origination/termination plant. Included is revenue derived from the provision under leasing arrangements of tariffed customer premises equipment (CPE), terminal equipment, station apparatus and large private branch exchanges as well as tariffed nonrecurring charges related solely to station apparatus. Also included are all tariffed charges for customer premises activities and facilities not related solely to station apparatus. [ 67 FR 5691 , Feb. 6, 2002] § 32.5081 End user revenue. ( a ) This account shall contain federally and state tariffed monthly flat rate charge assessed upon end users. ( b ) Subsidiary record categories shall be maintained in order that the company may separately report amounts related to federal and state tariffed charges. [ 67 FR 5692 , Feb. 6, 2002] § 32.5082 Switched access revenue. ( a ) This account shall consist of federally and state tariffed charges assessed to interexchange carriers for access to local exchange facilities. ( b ) Subsidiary record categories shall be maintained in order that the company may separately report the amounts contained herein that relate to limited pay telephone, carrier common line, line termination, local switching, intercept, information, common transport and dedicated transport. The subsidiary records shall also separately show the federal and state tariffed charges. Such subsidiary record categories shall be reported as required by part 43 of this chapter . [ 67 FR 5692 , Feb. 6, 2002] § 32.5083 Special access revenue. ( a ) This account shall include all federally and state tariffed charges assessed for other than end user or switched access charges referred to in Account 5081, End user revenue, and Account 5082, Switched access revenue. ( b ) Subsidiary record categories shall be maintained in order that the company may separately report the amounts contained herein that relate to recurring charges, nonrecurring charges and surcharges. The subsidiary records shall also separately show the federal and state tariffed charges. Such subsidiary record categories shall be reported as required by part 43 of this chapter . [ 67 FR 5692 , Feb. 6, 2002] § 32.5100 Long distance message revenue. This account shall include revenue derived from message services that terminate beyond the basic service area of the originating wire center and are individually priced. This includes those message services which utilize the public long distance switching network and the basic subscriber access line. It also includes those long distance calls placed from mobile and public telephones, as well as any charges for operator assistance or special billing directly related to the completion of a specific call. This account shall also include revenue derived from individually priced message services offered under calling plans (discounted long distance) which do not utilize dedicated access lines, as well as those priced at the basic long distance rates where a discounted toll charge is on a per message basis. Any revenue derived from monthly or one-time charges for obtaining calling plan services shall be included in this account. This account includes revenue derived from the following services: ( a ) Long distance services which permit unidirectional calls to a subscriber from specified services areas (multipoint-to-point service). These calls require the use of dedicated access lines connecting a subscriber's premises and a designated central office. These dedicated access lines are generally separate from those required for the subscriber to place outward calls. The call is billed to the subscriber even though it is generally initiated by the subscriber's customer or correspondent. ( b ) Long distance services which permit the subscriber to place telephone calls from one location to other specified service areas (point-to-multipoint service). These calls are completed without operator assistance and require the use of a dedicated access line. The dedicated access line is generally separate from those required for inward message services and cannot be used to place calls within the basic service area or calls outside the selected service areas. Outward calls are screened and blocked to determine whether the calls are within an authorized service area. ( c ) Services extending beyond the basic service area that involve dedicated circuits, private switching arrangements, and/or predefined transmission paths, whether virtual or physical, which provide communications between specific locations (e.g., point-to-point communications). Service connection charges, termination charges, rearrangements and changes, etc., shall be included in this account. Revenue derived from associated administrative and operational support services shall also be included in this account. ( 1 ) Narrow-band analog private network circuits and facilities furnished exclusively for record forms of communications, such as teletypewriter, teletypesetter, telewriter, ticker, Morse, signaling, remote metering, and supervisory services. ( 2 ) Private network circuits and facilities (including multipurpose wide-band) which provide voice grade services for the transmission of analog signals. It includes revenue from services such as voice, data and telephoto communication, as well as remote metering, supervisory control, miscellaneous signaling and channels furnished for the purpose of extending customer—provided communications systems. It includes revenue from the provision of facilities between customer premises and a serving office, a carrier distribution point, or an extension distribution channel. ( 3 ) Private network circuits and facilities furnished for audio program transmission purposes, such as radio broadcasting, sound recording (wired music) and loud speaker services. It includes revenue from the provision of facilities for the transmission of analog signals between customer premises and a serving office, a carrier distribution point, or an extension distribution channel furnished in connection with such services. It also includes revenue from facilities furnished to carry the audio portion of a television program if furnished under separate audio rates. If the rate for television program services includes both the picture and sound portion of the transmission, the revenue shall also be included in this account. ( 4 ) Private network circuits and facilities furnished for television program transmission purposes, such as commercial broadcast and educational or private television services. It includes revenue from the provision of facilities for the transmission of analog signals between customer premises and a serving office, a carrier distribution point, or an extension distribution channel furnished in connection with such services. It also includes revenue from both the picture and sound portions of transmission for television program service when provided under a combined rate schedule. ( 5 ) The provision of circuits and facilities for the transmission of digital signals only. ( 6 ) The provision of common user channels and switching capabilities used for the transmission of telecommunication signals between three (3) or more points in the network. Also included is revenue derived from the provision of basic switching and transfer arrangements used to connect private line channels. ( 7 ) Charges and credits resulting from contractual revenue pooling and/or sharing agreements for tariffed long distance public network services and for tariffed long distance private network services. [ 67 FR 5692 , Feb. 6, 2002] § 32.5200 Miscellaneous revenue. This account shall include revenue derived from the following sources, as well as revenue of the type and character detailed in Account 5230, Directory revenue. ( a ) Rental or subrental to others of telecommunications plant furnished apart from telecommunications services rendered by the company (this revenue includes taxes when borne by the lessee). It includes revenue from the rent of such items as space in conduit, pole line space for attachments, and any allowance for return on property used in joint operations and shared facilities agreements. The expense of maintaining and operating the rented property, including depreciation and insurance, shall be included in the appropriate operating expense accounts. Taxes applicable to the rented property shall be included by the owner of the rented property in appropriate tax accounts. When land or buildings are rented on an incidental basis for non-telecommunications use, the rental and expenses are included in Account 7300, Nonoperating income and expense. ( b ) Services rendered to other companies under a license agreement, general services contract, or other arrangement providing for the furnishing of general accounting, financial, legal, patent, and other general services associated with the provision of regulated telecommunications services. (See also Account 5230.) ( c ) The provision, either under tariff or through contractual arrangements, of special billing information to customers in the form of magnetic tapes, cards or statements. Special billing information provides detail in a format and/or at a level of detail not normally provided in the standard billing rendered for the regulated telephone services utilized by the customer. ( d ) The performance of customer operations services for others incident to the company's regulated telecommunications operations which are not provided for elsewhere. (See also §§ 32.14(e) and 32.4999(e) ). ( e ) Contract services (plant maintenance) performed for others incident to the company's regulated telecommunications operations. This includes revenue from the incidental performance of nontariffed operating and maintenance activities for others which are similar in nature to those activities which are performed by the company in operating and maintaining its own telecommunications plant facilities. The records supporting the entries in this account shall be maintained with sufficient particularity to identify the revenue and associated Plant Specific Operations Expenses related to each undertaking. This account does not include revenue related to the performance of operation or maintenance activities under a joint operating agreement. ( f ) The provision of billing and collection services to other telecommunications companies. This includes amounts charged for services such as message recording, billing, collection, billing analysis, and billing information services, whether rendered under tariff or contractual arrangements. ( g ) Charges and credits resulting from contractual revenue pooling and/or sharing agreements for activities included in the miscellaneous revenue accounts only when they are not identifiable by miscellaneous revenue account in the settlement process. (See also § 32.4999(e) ). The extent that the charges and credits resulting from a settlement process can be identified by miscellaneous revenue accounts they shall be recorded in the applicable account. ( h ) The provision of transport and termination of local telecommunications traffic pursuant to section 251(c) of the Communications Act and part 51 of this chapter . ( i ) The provision of unbundled network elements pursuant to section 251(c) of the Communications Act and part 51 of this chapter . ( j ) This account shall also include other incidental regulated revenue such as: ( 1 ) Collection overages (collection shortages shall be charged to Account 6623, Customer services); ( 2 ) Unclaimed refunds for telecommunications services when not subject to escheats; ( 3 ) Charges (penalties) imposed by the company for customer checks returned for non-payment; ( 4 ) Discounts allowed customers for prompt payment; ( 5 ) Late-payment charges; ( 6 ) Revenue from private mobile telephone services which do not have access to the public switched network; and ( 7 ) Other incidental revenue not provided for elsewhere in other Revenue accounts. ( k ) Any definitely known amounts of losses of revenue collections due to fire or theft, at customers' coin-box stations, at public or semipublic telephone stations, in the possession of collectors en route to collection offices, on hand at collection offices, and between collection offices and banks shall be charged to Account 6720, General and Administrative. [ 69 FR 53650 , Sept. 2, 2004, as amended at 82 FR 20842 , May 4, 2017] § 32.5230 Directory revenue. This account shall include revenue derived from alphabetical and classified sections of directories and shall also include fees paid by other entities for the right to publish the company's directories. Items to be included are: ( a ) All revenue derived from the classified section of the directories; ( b ) Revenue from the sale of new telephone directories whether they are the company's own directories or directories purchased from others. This shall also include revenue from the sale of specially bound telephone directories and special telephone directory covers; ( c ) Amounts charged for additional and boldface listings, marginal displays, inserts, and other advertisements in the alphabetical section of the company's telephone directories; and ( d ) Charges for unlisted and non-published telephone numbers. [ 69 FR 44607 , July 27, 2004] § 32.5280 Nonregulated operating revenue. ( a ) This account shall include revenues derived from a nonregulated activity involving the common or joint use of assets or resources in the provision of regulated and nonregulated products or services. ( b ) This account shall be debited and regulated revenue accounts shall be credited at tariffed rates when tariffed services are provided to nonregulated activities that are accounted for as prescribed in § 32.23(c) of this subpart . ( c ) Separate subsidiary record categories shall be maintained for two groups of nonregulated revenue as follows: one subsidiary record for all revenues derived from regulated services treated as nonregulated for federal accounting purposes pursuant to Commission order and the second for all other revenues derived from a nonregulated activity as set forth in paragraph (a) of this section. [ 53 FR 49322 , Dec. 7, 1988, as amended at 64 FR 50008 , Sept. 15, 1999; 67 FR 5694 , Feb. 6, 2002] § 32.5300 Uncollectible revenue. This account shall be charged with amounts concurrently credited to Account 1170, Receivables. [ 67 FR 5694 , Feb. 6, 2002] Subpart E—Instructions for Expense Accounts § 32.5999 General. ( a ) Structure of the expense accounts. ( 1 ) The expense section of the system of accounts shall be organized by expense group summary account, and subsidiary record category (if required). ( 2 ) The expense section of this system of accounts shall be comprised of four major expense groups—Plant Specific Operations, Plant Nonspecific Operations, Customer Operations and Corporate Operations. Expenses to be recorded in Plant Specific and Plant Nonspecific Operations Expense Groups generally reflect cost associated with the various kinds of equipment identified in the plant asset accounts. Expenses to be recorded in the Customer Operations and Corporate Operations accounts reflect the costs of, or are associated with, functions performed by people, irrespective of the organization in which any particular function is performed. ( 3 ) Accounts shall be maintained as prescribed in this section subject to the conditions described in § 32.13 in subpart B. Subsidiary record categories may be required below the account level by this system of accounts or by Commission order. ( b ) Plant Specific Operations Expense. ( 1 ) The Plant Specific Operations Expense Accounts, 6110 through 6441, are used to record costs related to specific kinds of telecommunications plant. ( 2 ) The Plant Specific Operations Expense accounts predominantly mirror the telecommunications plant in service detail accounts and are numbered consistently with them; the first digit of the expense account being six (6) and the remaining digits being the same as the last three numbers of the related plant account. In classifying Plant Specific Operations expenses, the text of the corresponding plant account should be consulted to ensure appropriateness. ( 3 ) The Plant Specific Operations Expense accounts shall include the costs of inspecting, testing (except as specified in Account 6533, Testing Expense) and reporting on the condition of telecommunications plant to determine the need for repairs, replacements, rearrangements and changes; performing routine work to prevent trouble (except as specified in Account 6533), replacing items of plant other than retirement units; rearranging and changing the location of plant not retired; repairing material for reuse; restoring the condition of plant damaged by storms, floods, fire or other casualties (other than the cost of replacing retirement units); inspecting after repairs have been made; and receiving training to perform these kinds of work. Also included are the costs of direct supervision (immediate of first-level) and office support of this work. ( 4 ) In addition to the activities specified in paragraph (b)(3) of this section, the appropriate Plant Specific Operations Expense accounts shall include the cost of personnel whose principal job is the operation of plant equipment, such as general purpose computer operators, aircraft pilots, chauffeurs and shuttle bus drivers. However, when the operation of equipment is performed as part of other identifiable functions (such as the use of office equipment, capital tools or motor vehicles), the operators' cost shall be charged to accounts appropriate for those functions. (For costs of operator services personnel, see Accounts 6621, Call completion services, and 6622, Number services, and for costs of test board personnel see Account 6533.) ( c ) Plant nonspecific operations expense. The Plant Nonspecific Operations Expense accounts shall include expenses related to property held for future telecommunications use, provisioning expenses, network operations expenses, and depreciation and amortization expenses. Accounts in this group (except for Account 6540, Access expense, and Accounts 6560 through 6565) shall include the costs of performing activities described in narratives for individual accounts. These costs shall also include the costs of supervision and office support of these activities. ( d ) Customer Operations Expense. The Customer Operations Expense accounts shall include the cost of performing customer related marketing and services activities described in narratives for individual accounts. These costs shall also include the costs of supervision, office support and training for these activities. ( e ) Corporate Operations Expense. The Corporate Operations Expense accounts shall include the costs of performing executive and planning activities and general and administrative activities described in narratives for individual accounts. These costs shall also include the costs of supervision, office support and training for these activities. ( f ) Reimbursements. Reimbursements of actual costs incurred in connection with joint operations or projects repairing plant due to damages by others, and obligations to make changes in telecommunications plant (such as highway relocations), shall be credited to the accounts originally charged. ( g ) Expense accounts to be maintained. Account title Income Statement Accounts Plant specific operations expense: Network support expense 6110 General support expenses 6120 Central office switching expense 6210 Operators system expense 6220 Central office transmission expenses 6230 Information origination/termination expense 6310 Cable and wire facilities expenses 6410 Plant nonspecific operations expense: Other property plant and equipment expenses 6510 Network operations expenses 6530 Access expense 6540 Depreciation and amortization expenses 6560 Customer operations expense: Marketing 6610 Services 6620 Corporate operations expense: General and administrative 6720 Provision for uncollectible notes receivable 6790 [ 51 FR 43499 , Dec. 2, 1986, as amended at 52 FR 7580 , Mar. 12, 1987; 64 FR 50008 , Sept. 15, 1999; 65 FR 16335 , Mar. 28, 2000; 67 FR 5694 , Feb. 6, 2002; 69 FR 53651 , Sept. 2, 2004; 82 FR 20842 , May 4, 2017] § 32.6110 Network support expenses. ( a ) Companies shall use this account for expenses of the type and character detailed in Accounts 6112 through 6114. ( b ) Credits shall be made to this account by companies for amounts transferred to Construction and/or other Plant Specific Operations Expense accounts. These amounts shall be computed on the basis of direct labor hours. [ 82 FR 20842 , May 4, 2017] § 32.6112 Motor vehicle expense. ( a ) This account shall include costs of fuel, lubrications, license and inspection fees, washing, repainting, and minor accessories. Also included are the costs of personnel whose principal job is operating motor vehicles, such as chauffeurs and shuttle bus drivers. The costs of users of motor vehicles whose principal job is not the operation of motor vehicles shall be charged to accounts appropriate for the activities performed. ( b ) Credits shall be made to this account for amounts transferred to Construction and/or to other Plant Specific Operations Expense accounts. These amounts shall be computed on the basis of direct labor hours. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5695 , Feb. 6, 2002] § 32.6113 Aircraft expense. ( a ) This account shall include such costs as aircraft fuel, flight crews, mechanics and ground crews, licenses and inspection fees, washing, repainting, and minor accessories. ( b ) Credits shall be made to this account for amounts transferred to Construction and/or to other Plant Specific Operations Expense accounts. These amounts shall be computed on the basis of direct labor hours. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5695 , Feb. 6, 2002] § 32.6114 Tools and other work equipment expense. ( a ) This account shall include costs incurred in connection with special purpose vehicles, garage work equipment and other work equipment included in Account 2114, Tools and other work equipment. This account shall be charged with costs incurred in connection with the work equipment itself. This account shall also include such costs as fuel, licenses and inspection fees, washing, repainting and minor accessories. The costs of using garage work equipment to maintain motor vehicles shall be charged to Account 6112, Motor vehicles expense. This account shall not be charged with the costs of operators of special purpose vehicles and other work equipment. The costs of operators of this equipment shall be charged to accounts appropriate for the activities performed. ( b ) Credits shall be made to this account for amounts related to special purpose vehicles and other work equipment transferred to Construction and/or to other Plant Specific Operations Expense accounts. These amounts shall be computed on the basis of direct labor hours. [ 64 FR 50008 , Sept. 15, 1999, as amended at 67 FR 5695 , Feb. 6, 2002] § 32.6120 General support expenses. Companies shall use this account for expenses of the type and character detailed in Accounts 6121 through 6124. [ 82 FR 20842 , May 4, 2017] § 32.6121 Land and building expense. ( a ) This account shall include expenses associated with land and buildings (excluding amortization of leasehold improvements). This account shall also include janitorial service, cleaning supplies, water, sewage, fuel and guard service, and electrical power. ( b ) The cost of electrical power used to operate the telecommunications network shall be charged to Account 6531, Power Expense, and the cost of separately metered electricity used for operating specific types of equipment, such as computers, shall be charged to the expense account appropriate for such use. § 32.6122 Furniture and artworks expense. This account shall include expenses associated with furniture and artworks. § 32.6123 Office equipment expense. This account shall be charged only with costs incurred in connection with the office equipment itself. The costs of operators of this equipment shall be charged to accounts appropriate for the activities performed. § 32.6124 General purpose computers expense. This account shall include the costs of personnel whose principal job is the physical operation of general purpose computers and the maintenance of operating systems. This excludes the cost of preparation of input data or the use of outputs which are chargeable to the accounts appropriate for the activities being performed. Also excluded are costs incurred in planning and maintaining application systems and databases for general purpose computers. (See also § 32.6720 , General and administrative.) Separately metered electricity for general purpose computers shall also be included in this account. [ 67 FR 5695 , Feb. 6, 2002] § 32.6210 Central office switching expenses. Class B telephone companies shall use this account for expenses of the type and character required of Class A companies in Accounts 6211 through 6212. [ 67 FR 5695 , Feb. 6, 2002] § 32.6211 Non-digital switching expense. This account shall include expenses associated with non-digital electronic switching and electro-mechanical switching. [ 67 FR 5695 , Feb. 6, 2002] § 32.6212 Digital electronic switching expense. ( a ) This account shall include expenses associated with digital electronic switching. Digital electronic switching expenses shall be maintained in the following subaccounts: 6212.1 Circuit, 6212.2 Packet. ( b ) This subaccount 6212.1 Circuit shall include expenses associated with digital electronic switching equipment used to provide circuit switching. ( c ) This subaccount 6212.2 Packet shall include expenses associated with digital electronic switching equipment used to provide packet switching. [ 67 FR 5695 , Feb. 6, 2002] § 32.6220 Operator systems expense. This account shall include expenses associated with operator systems equipment. § 32.6230 Central office transmission expense. Companies shall use this account for expenses of the type and character detailed in Accounts 6231 and 6232. [ 82 FR 20842 , May 4, 2017] § 32.6231 Radio systems expense. This account shall include expenses associated with radio systems. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5695 , Feb. 6, 2002] § 32.6232 Circuit equipment expense. ( a ) This account shall include expenses associated with circuit equipment. Circuit equipment expenses shall be maintained in the following subaccounts: 6232.1 Electronic, 6232.2 Optical. ( b ) This subaccount 6232.1 Electronic shall include expenses associated with electronic circuit equipment. ( c ) This subaccount 6232.2 Optical shall include expenses associated with optical circuit equipment. [ 67 FR 5695 , Feb. 6, 2002] § 32.6310 Information origination/termination expenses. Companies shall use this account for expenses of the type and character detailed in Accounts 6311 through 6362. [ 82 FR 20842 , May 4, 2017] § 32.6311 Station apparatus expense. This account shall include expenses associated with station apparatus. Expenses associated with company internal use communication equipment shall be recorded in Account 6123, Office Equipment Expense. § 32.6341 Large private branch exchange expense. This account shall include expenses associated with large private branch exchanges. Expenses associated with company internal use communication equipment shall be recorded in Account 6123, Office Equipment Expense. § 32.6351 Public telephone terminal equipment expense. This account shall include expenses associated with public telephone terminal equipment. § 32.6362 Other terminal equipment expense. This account shall include expenses associated with other terminal equipment. § 32.6410 Cable and wire facilities expenses. Companies shall use this account for expenses of the type and character detailed in Accounts 6411 through 6441. [ 82 FR 20842 , May 4, 2017] § 32.6411 Poles expense. This account shall include expenses associated with poles. § 32.6421 Aerial cable expense. ( a ) This account shall include expenses associated with aerial cable. ( b ) Subsidiary record categories shall be maintained as provided in § 32.2421(a) of subpart C. § 32.6422 Underground cable expense. ( a ) This account shall include expenses associated with underground cable. ( b ) Subsidiary record categories shall be maintained as provided in § 32.2422(a) of subpart C. § 32.6423 Buried cable expense. ( a ) This account shall include expenses associated with buried cable. ( b ) Subsidiary record categories shall be maintained as provided in § 32.2423(a) of subpart C. § 32.6424 Submarine and deep sea cable expense. ( a ) This account shall include expenses associated with submarine and deep sea cable. ( b ) Subsidiary record categories shall be maintained as provided in § 32.2424 . [ 67 FR 5696 , Feb. 6, 2002] § 32.6426 Intrabuilding network cable expense. ( a ) This account shall include expenses associated with intrabuilding network cable. ( b ) Subsidiary record categories shall be maintained as provided in § 32.2426(a) of subpart C. § 32.6431 Aerial wire expense. This account shall include expenses associated with aerial wire. § 32.6441 Conduit systems expense. This account shall include expenses associated with conduit systems. § 32.6510 Other property, plant and equipment expenses. Companies shall use this account for expenses of the type and character detailed in Accounts 6511 and 6512. [ 82 FR 20842 , May 4, 2017] § 32.6511 Property held for future telecommunications use expense. This account shall include expenses associated with property held for future telecommunications use. § 32.6512 Provisioning expense. ( a ) This account shall include costs incurred in provisioning material and supplies, including office supplies. This includes receiving and stocking, filling requisitions from stock, monitoring and replenishing stock levels, delivery of material, storage, loading or unloading and administering the reuse or refurbishment of material. Also included are adjustments resulting from the periodic inventory of material and supplies. ( b ) Credits shall be made to this account for amounts transferred to construction and/or to Plant Specific Operations Expense. These costs are to be cleared by adding to the cost of material and supplies a suitable loading charge. [ 67 FR 5696 , Feb. 6, 2002] § 32.6530 Network operations expense. Companies shall use this account for expenses of the type and character detailed in Accounts 6531 through 6535. [ 82 FR 20843 , May 4, 2017] § 32.6531 Power expense. This account shall include the cost of electrical power used to operate the telecommunications network. § 32.6532 Network administration expense. This account shall include costs incurred in network administration. This includes such activities as controlling traffic flow, administering traffic measuring and monitoring devices, assigning equipment and load balancing, collecting and summarizing traffic data, administering trunking, and assigning interoffice facilities and circuit layout work. § 32.6533 Testing expense. This account shall include costs incurred in testing telecommunications facilities from a testing facility (test desk or other testing system) to determine the condition of plant on either a routine basis or prior to assignment of the facilities; receiving, recording and analyzing trouble reports; testing to determine the nature and location of reported trouble condition; and dispatching repair persons or otherwise initiating corrective action. (Note also § 32.5999(b)(3) of this subpart .) § 32.6534 Plant operations administration expense. ( a ) This account shall include costs incurred in the general administration of plant operations. This includes supervising plant operations (except as specified in § 32.5999(a)(3) of this subpart ; planning, coordinating and monitoring plant operations; and performing staff work such as developing methods and procedures, preparing and conducting training (except on-the-job training) and coordinating safety programs. ( b ) Credits shall be made to this account for amounts transferred to construction accounts. These amounts shall be computed on the basis of direct labor hours. (See § 32.2000(c)(2)(ii) of subpart C.) § 32.6535 Engineering expense. ( a ) This account shall include costs incurred in the general engineering of the telecommunications plant which are not directly chargeable to an undertaking or project. This includes developing input to the fundamental planning process, performing preliminary work or advance planning in connection with potential undertakings, and performing special studies of an engineering nature. ( b ) Credits shall be made to this account for amounts transferred to construction accounts. These amounts shall be computed on the basis of direct labor hours. (See § 32.2000(c)(2)(ii) of subpart C.) § 32.6540 Access expense. ( a ) This account shall include amounts paid by interexchange carriers or other exchange carriers to another exchange carrier for the provision of carrier's carrier access. ( b ) Subsidiary record categories shall be maintained in order that the entity may separately report interstate and intrastate carrier's carrier expense. Such subsidiary record categories shall be reported as required by part 43 of this Commission's Rules and Regulations. [ 52 FR 43917 , Nov. 17, 1987] § 32.6560 Depreciation and amortization expenses. Companies shall use this account for expenses of the type and character detailed in Accounts 6561 through 6565. [ 82 FR 20843 , May 4, 2017] § 32.6561 Depreciation expense—telecommunications plant in service. This account shall include the depreciation expense of capitalized costs in Accounts 2112 through 2441, inclusive. [ 69 FR 44607 , July 27, 2004] § 32.6562 Depreciation expense—property held for future telecommunications use. This account shall include the depreciation expense of capitalized costs included in Account 2002, Property held for future telecommunications use. [ 69 FR 53652 , Sept. 2, 2004] § 32.6563 Amortization expense—tangible. This account shall include only the amortization of costs included in Accounts 2681, Capital leases, and 2682, Leasehold improvements. [ 69 FR 44607 , July 27, 2004] § 32.6564 Amortization expense—intangible. This account shall include the amortization of costs included in Account 2690, Intangibles. [ 69 FR 44607 , July 27, 2004] § 32.6565 Amortization expense—other. ( a ) This account shall include only the amortization of costs included in Account 2005, Telecommunications plant adjustment. ( b ) This account shall also include lump-sum write offs of amounts of plant acquisition adjustment as provided for in § 32.2005(b)(3) of subpart C. ( c ) Subsidiary records shall be maintained so as to show the character of the amounts contained in this account. [ 69 FR 44607 , July 27, 2004] § 32.6610 Marketing. Companies shall use this account for expenses of the type and character detailed in Accounts 6611 through 6613. [ 82 FR 20843 , May 4, 2017] § 32.6611 Product management and sales. This account shall include: ( a ) Costs incurred in performing administrative activities related to marketing products and services. This includes competitive analysis, product and service identification and specification, test market planning, demand forecasting, product life cycle analysis, pricing analysis, and identification and establishment of distribution channels. ( b ) Costs incurred in selling products and services. This includes determination of individual customer needs, development and presentation of customer proposals, sales order preparation and handling, and preparation of sales records. [ 67 FR 5696 , Feb. 6, 2002] § 32.6613 Product advertising. This account shall include costs incurred in developing and implementing promotional strategies to stimulate the purchase of products and services. This excludes nonproduct-related advertising, such as corporate image, stock and bond issue and employment advertisements, which shall be included in the appropriate functional accounts. § 32.6620 Services. Companies shall use this account for expenses of the type and character detailed in Accounts 6621 through 6623. [ 82 FR 20843 , May 4, 2017] § 32.6621 Call completion services. This account shall include costs incurred in helping customers place and complete calls, except directory assistance. This includes handling and recording; intercept; quoting rates, time and charges; and all other activities involved in the manual handling of calls. [ 69 FR 44607 , July 27, 2004] § 32.6622 Number services. This account shall include costs incurred in providing customer number and classified listings. This includes preparing or purchasing, compiling, and disseminating those listings through directory assistance or other means. § 32.6623 Customer services. ( a ) This account shall include costs incurred in establishing and servicing customer accounts. This includes: ( 1 ) Initiating customer service orders and records; ( 2 ) Maintaining and billing customer accounts; ( 3 ) Collecting and investigating customer accounts, including collecting revenues, reporting receipts, administering collection treatment, and handling contacts with customers regarding adjustments of bills; ( 4 ) Collecting and reporting pay station receipts; and ( 5 ) Instructing customers in the use of products and services. ( b ) This account shall also include amounts paid by interexchange carriers or other exchange carriers to another exchange carrier for billing and collection services. Subsidiary record categories shall be maintained in order that the entity may separately report interstate and intrastate amounts. Such subsidiary record categories shall be reported as required by part 43 of this Commission's rules and regulations. [ 69 FR 44608 , July 27, 2004] § 32.6720 General and administrative. This account shall include costs incurred in the provision of general and administrative services as follows: ( a ) Formulating corporate policy and in providing overall administration and management. Included are the pay, fees and expenses of boards of directors or similar policy boards and all board-designated officers of the company and their office staffs, e.g., secretaries and staff assistants. ( b ) Developing and evaluating long-term courses of action for the future operations of the company. This includes performing corporate organization and integrated long-range planning, including management studies, options and contingency plans, and economic strategic analysis. ( c ) Providing accounting and financial services. Accounting services include payroll and disbursements, property accounting, capital recovery, regulatory accounting (revenue requirements, separations, settlements and corollary cost accounting), non-customer billing, tax accounting, internal and external auditing, capital and operating budget analysis and control, and general accounting (accounting principles and procedures and journals, ledgers, and financial reports). Financial services include banking operations, cash management, benefit investment fund management (including actuarial services), securities management, debt trust administration, corporate financial planning and analysis, and internal cashier services. ( d ) Maintaining relations with government, regulators, other companies and the general public. This includes: ( 1 ) Reviewing existing or pending legislation (see also Account 7300, Nonoperating income and expense, for lobbying expenses); ( 2 ) Preparing and presenting information for regulatory purposes, including tariff and service cost filings, and obtaining radio licenses and construction permits; ( 3 ) Performing public relations and non-product-related corporate image advertising activities; ( 4 ) Administering relations, including negotiating contracts, with telecommunications companies and other utilities, businesses, and industries. This excludes sales contracts (see also Account 6611, Product management and sales); and ( 5 ) Administering investor relations. ( e ) Performing personnel administration activities. This includes: ( 1 ) Equal Employment Opportunity and Affirmative Action Programs; ( 2 ) Employee data for forecasting, planning and reporting; ( 3 ) General employment services; ( 4 ) Occupational medical services; ( 5 ) Job analysis and salary programs; ( 6 ) Labor relations activities; ( 7 ) Personnel development and staffing services, including counseling, career planning, promotion and transfer programs; ( 8 ) Personnel policy development; ( 9 ) Employee communications; ( 10 ) Benefit administration; ( 11 ) Employee activity programs; ( 12 ) Employee safety programs; and ( 13 ) Nontechnical training course development and presentation. ( f ) Planning and maintaining application systems and databases for general purpose computers. ( g ) Providing legal services: This includes conducting and coordinating litigation, providing guidance on regulatory and labor matters, preparing, reviewing and filing patents and contracts and interpreting legislation. Also included are court costs, filing fees, and the costs of outside counsel, depositions, transcripts and witnesses. ( h ) Procuring material and supplies, including office supplies. This includes analyzing and evaluating suppliers' products, selecting appropriate suppliers, negotiating supply contracts, placing purchase orders, expediting and controlling orders placed for material, developing standards for material purchased and administering vendor or user claims. ( i ) Making planned search or critical investigation aimed at discovery of new knowledge. It also includes translating research findings into a plan or design for a new product or process or for a significant improvement to an existing product or process, whether intended for sale or use. This excludes making routine alterations to existing products, processes, and other ongoing operations even though those alterations may represent improvements. ( j ) Performing general administrative activities not directly charged to the user, and not provided in paragraphs (a) through (i) of this section. This includes providing general reference libraries, food services (e.g., cafeterias, lunch rooms and vending facilities), archives, general security investigation services, operating official private branch exchanges in the conduct of the business, and telecommunications and mail services. Also included are payments in settlement of accident and damage claims, insurance premiums for protection against losses and damages, direct benefit payments to or on behalf of retired and separated employees, accident and sickness disability payments, supplemental payments to employees while in governmental service, death payments, and other miscellaneous costs of a corporate nature. This account excludes the cost of office services, which are to be included in the accounts appropriate for the activities supported. [ 67 FR 5696 , Feb. 6, 2002] § 32.6790 Provision for uncollectible notes receivable. This account shall be charged with amounts concurrently credited to Account 1170, Receivables. [ 67 FR 5697 , Feb. 6, 2002] Subpart F—Instructions For Other Income Accounts § 32.6999 General. ( a ) Structure of the other income accounts. The other income accounts are designed to reflect both operating and nonoperating income items including taxes, extraordinary items and other income and expense items not properly included elsewhere. ( b ) Other income accounts listing. Account title Other operating income and expense: Other operating income and expense 7100 Operating taxes: Operating taxes 7200 Nonoperating income and expense: Nonoperating income and expense 7300 Nonoperating taxes: Nonoperating taxes 7400 Interest and related items: Interest and related items 7500 Extraordinary items 7600 Jurisdictional differences and non-regulated income items: Income effect of jurisdictional ratemaking difference—net 7910 Nonregulated net income 7990 [ 82 FR 20843 , May 4, 2017] § 32.7100 Other operating income and expenses. This account shall be used to record the results of transactions, events or circumstances during the periods which are incidental or peripheral to the major or central operations of the company. It shall be used to record all items of an operating nature such as incidental work performed for others not provided for elsewhere. Whenever practicable the inflows and outflows associated with a transaction, event or circumstances shall be matched and the result shown as a net gain or loss. This account shall include the following: ( a ) Profits realized from custom work (plant construction) performed for others incident to the company's regulated telecommunications operations. This includes profits from the incidental performance of nontariffed construction activities (including associated engineering and design) for others which are similar in nature to those activities which are performed by the company in constructing its own telecommunications plant facilities. The records supporting the entries in this account for income and custom work shall be maintained with sufficient particularity to identify separately the revenue and costs associated with each undertaking. ( b ) Return on investment for the use of regulated property plant and equipment to provide nonregulated products and services. ( c ) All gains and losses resulting from the exchange of foreign currency. Transaction (realized) gains or losses shall be measured based on the exchange rate in effect on the transaction date. Unrealized gains or losses shall be measured based on the exchange rate in effect at the balance sheet date. ( d ) Gains or losses resulting from the disposition of land or artworks. ( e ) Charges or credits, as appropriate, to record the results of transactions, events or circumstances which are of an operational nature, but occur irregularly or are peripheral to the major or central operations of the company and not provided for elsewhere. [ 67 FR 5698 , Feb. 6, 2002] § 32.7199 Content of accounts. The Operating Tax accounts shall include the taxes arising from the central operations of the company. § 32.7200 Operating taxes. Companies shall use this account for operating taxes of the type and character detailed in Accounts 7210 through 7250. [ 82 FR 20843 , May 4, 2017] § 32.7210 Operating investment tax credits—net. ( a ) This account shall be charged and Account 4320, Unamortized Operating Investment Tax Credits—Net, shall be credited with investment tax credits generated from qualified expenditures related to regulated operations which the company defers rather than recognizes currently in income. ( b ) This account shall be credited and Account 4320 shall be charged ratably with the amortization of each year's investment tax credits included in Account 4320 for investment services for ratemaking purposes. Such amortization shall be determined in relation to the period of time used for computing book depreciation on the property with respect to which the tax credits relate. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5698 , Feb. 6, 2002] § 32.7220 Operating Federal income taxes. ( a ) This account shall be charged and Account 4070, Income Taxes-Accrued, shall be credited for the amount of Federal Income Taxes for the current period. This account shall also reflect subsequent adjustments to amounts previously charged. ( b ) Taxes should be accrued each month on an estimated basis and adjustments made as later data becomes available. ( c ) Tax credits, other than investment tax credits, if normalized, shall be recorded consistent with the accounting for investment tax credits and shall be amortized to income as directed by this Commission. ( d ) No entries shall be made to this account to reflect interperiod tax allocations. § 32.7230 Operating state and local income taxes. ( a ) This account shall be charged and Account 4070, Income Taxes—Accrued, shall be credited for the amount of state and local income taxes for the current period. This account shall also reflect subsequent adjustments to amounts previously charged. ( b ) Taxes should be accrued each month on an estimated basis and adjustments made as later data becomes available. ( c ) No entries shall be made to this account to reflect interperiod tax allocations. § 32.7240 Operating other taxes. ( a ) This account shall be charged and Account 4080, Other Taxes—Accrued, shall be credited for all taxes, other than Federal, state and local income taxes and payroll related taxes, related to regulated operations applicable to current periods. Among the items includable in this account are property, gross receipts, franchise and capital stock taxes; this account shall also reflect subsequent adjustments to amounts previously charged. ( b ) Special assessments for street and other improvements and special benefit taxes, such as water taxes and the like, shall be included in the operating expense accounts or investment accounts, as may be appropriate. ( c ) Discounts allowed for prompt payment of taxes shall be credited to the account to which the taxes are chargeable. ( d ) Interest on tax assessments which are not paid when due shall be included in Account 7500, Interest and related items. ( e ) Taxes paid by the company under tax-free covenants on indebtedness shall be charged to Account 7300, Nonoperating income and expense. ( f ) Sales and use taxes shall be accounted for, so far as practicable, as part of the cost of the items to which the taxes relate. ( g ) Taxes on rented telecommunications plant which are borne by the lessee shall be credited by the owner to Account 5200, Miscellaneous revenue, and shall be charged by the lessee to the appropriate Plant Specific Operations Expense account. [ 51 FR 43499 , Dec. 2, 1986, as amended at 67 FR 5698 , Feb. 6, 2002] § 32.7250 Provision for deferred operating income taxes—net. ( a ) This account shall be charged or credited, as appropriate, with contra entries recorded to the following accounts for income tax expense that has been deferred in accordance with § 32.22 of subpart B. 4100 Net Current Deferred Operating Income Taxes 4340 Net Noncurrent Deferred Operating Income Taxes ( b ) Subsidiary record categories shall be maintained to distinguish between property and nonproperty related deferrals and so that the company may separately report that amounts contained herein that relate to Federal, state and local income taxes. Such subsidiary record categories shall be reported as required by part 43 of this Commission's Rules and Regulations. § 32.7300 Nonoperating income and expense. This account shall be used to record the results of transactions, events and circumstances affecting the company during a period and which are not operational in nature. This account shall include such items as nonoperating taxes, dividend income and interest income. Whenever practicable, the inflows and outflows associated with a transaction or event shall be matched and the result shown as a net gain or loss. This account shall include the following: ( a ) Dividends on investments in common and preferred stock, which is the property of the company, whether such stock is owned by the company and held in its treasury, or deposited in trust including sinking or other funds, or otherwise controlled. ( b ) Dividends received and receivable from affiliated companies accounted for on the equity method shall be included in Account 1410, Other noncurrent assets, as a reduction of the carrying value of the investments. ( c ) Interest on securities, including notes and other evidences of indebtedness, which are the property of the company, whether such securities are owned by the company and held in its treasury, or deposited in trust including sinking or other funds, or otherwise controlled. It shall also include interest on cash bank balances, certificates of deposits, open accounts, and other analogous items. ( d ) For each month the applicable amount requisite to extinguish, during the interval between the date of acquisition and date of maturity, the difference between the purchase price and the par value of securities owned or held in sinking or other funds, the income from which is includable in this account. Amounts thus credited or charged shall be concurrently included in the accounts in which the securities are carried. ( e ) Amounts charged to the telecommunications plant under construction account related to allowance for funds used during construction. (See § 32.2000(c)(2)(x) .) ( f ) Gains or losses resulting from: ( 1 ) The disposition of land or artworks; ( 2 ) The disposition of plant with traffic; ( 3 ) The disposition of nonoperating telecommunications plant not previously used in the provision of telecommunications services. ( g ) All other items of income and gains or losses from activities not specifically provided for elsewhere, including representative items such as: ( 1 ) Fees collected in connection with the exchange of coupon bonds for registered bonds; ( 2 ) Gains or losses realized on the sale of temporary cash investments or marketable equity securities; ( 3 ) Net unrealized losses on investments in current marketable equity securities; ( 4 ) Write-downs or write-offs of the book costs of investment in equity securities due to permanent impairment; ( 5 ) Gains or losses of nonoperating nature arising from foreign currency exchange or translation; ( 6 ) Gains or losses from the extinguishment of debt made to satisfy sinking fund requirements; ( 7 ) Amortization of goodwill; ( 8 ) Company's share of the earnings or losses of affiliated companies accounted for on the equity method; and ( 9 ) The net balance of the revenue from and the expenses (including depreciation, amortization and insurance) of property, plant, and equipment, the cost of which is includable in Account 2006, Nonoperating plant. ( h ) Costs that are typically given special regulatory scrutiny for ratemaking purposes. Unless specific justification to the contrary is given, such costs are presumed to be excluded from the costs of service in setting rates. ( 1 ) Lobbying includes expenditures for the purpose of influencing public opinion with respect to the election or appointment of public officials, referenda, legislation, or ordinances (either with respect to the possible adoption of new referenda, legislation or ordinances, or repeal or modification of existing referenda, legislation or ordinances) or approval, modification, or revocation of franchises, or for the purpose of influencing the decisions of public officials. This also includes advertising, gifts, honoraria, and political contributions. This does not include such expenditures which are directly related to communications with and appearances before regulatory or other governmental bodies in connection with the reporting utility's existing or proposed operations; ( 2 ) Contributions for charitable, social or community welfare purposes; ( 3 ) Membership fees and dues in social, service and recreational or athletic clubs and organizations; ( 4 ) Penalties and fines paid on account of violations of statutes. This account shall also include penalties and fines paid on account of violations of U.S. antitrust statutes, including judgements and payments in settlement of civil and criminal suits alleging such violations; and ( 5 ) Abandoned construction projects. ( i ) Cash discounts on bills for material purchased shall not be included in this account. [ 67 FR 5698 , Feb. 6, 2002] § 32.7400 Nonoperating taxes. This account shall include taxes arising from activities which are not a part of the central operations of the entity. ( a ) This account shall be charged and Account 4330, Unamortized nonoperating investment tax credits—net, shall be credited with investment tax credits generated from qualified expenditures related to other operations which the company has elected to defer rather than recognize currently in income. ( b ) This account shall be credited and Account 4330 shall be charged with the amortization of each year's investment tax credits included in such accounts relating to amortization of previously deferred investment tax credits of other property or regulated property, the amortization of which does not serve to reduce costs of service (but the unamortized balance does reduce rate base) for ratemaking purposes. Such amortization shall be determined with reference to the period of time used for computing book depreciation on the property with respect to which the tax credits relate. ( c ) This account shall be charged and Account 4070, Income taxes—accrued, shall be credited for the amount of nonoperating Federal income taxes and state and local income taxes for the current period. This account shall also reflect subsequent adjustments to amounts previously charged. ( d ) Taxes shall be accrued each month on an estimated basis and adjustments made as more current data becomes available. ( e ) Companies that adopt the flow-through method of accounting for investment tax credits shall reduce the calculated provision in this account by the entire amount of the credit realized during the year. Tax credits, other than investment tax credits, if normalized, shall be recorded consistent with the accounting for investment tax credits. ( f ) No entries shall be made to this account to reflect interperiod tax allocation. ( g ) Taxes (both Federal and state) shall be accrued each month on an estimated basis and adjustments made as later data becomes available. ( h ) This account shall be charged and Account 4080, Other taxes—accrued, shall be credited for all nonoperating taxes, other than Federal, state and local income taxes, and payroll related taxes for the current period. Among the items includable in this account are property, gross receipts, franchise and capital stock taxes. This account shall also reflect subsequent adjustments to amounts previously charged. ( i ) This account shall be charged or credited, as appropriate, with contra entries recorded to the following accounts for nonoperating tax expenses that has been deferred in accordance with § 32.22 : 4110 Net Current Deferred Nonoperating Income Taxes, 4350 Net Noncurrent Deferred Nonoperating Income Taxes. ( j ) Subsidiary record categories shall be maintained to distinguish between property and nonproperty related deferrals and so that the company may separately report the amounts contained herein that relate to Federal, state and local income taxes. Such subsidiary record categories shall be reported as required by part 43 of this chapter . [ 67 FR 5699 , Feb. 6, 2002] § 32.7500 Interest and related items. ( a ) This account shall include the current accruals of interest on all classes of funded debt the principal of which is includable in Account 4200, Long term debt and funded debt. It shall also include the interest on funded debt the maturity of which has been extended by specific agreement. This account shall be kept so that the interest on each class of funded debt may be shown separately in the annual reports to this Commission. ( b ) These accounts shall not include charges for interest on funded debt issued or assumed by the company and held by or for it, whether pledged as collateral or held in its treasury, in special deposits or in sinking or other funds. ( c ) Interest expressly provided for and included in the face amount of securities issued shall be charged at the time of issuance to Account 1280, Prepayments, and cleared to this account as the term expires to which the interest applies. ( d ) This account shall also include monthly amortization of balances in Account 4200, Long-term debt and funded debt. ( e ) This account shall include the interest portion of each finance lease and capitalized operating lease payment. ( f ) This account shall include the monthly amortization of the balances in Account 1410, Other noncurrent assets. ( g ) This account shall include all interest deductions not provided for elsewhere, e.g., discount, premium, and expense on notes maturing one year or less from date of issue. ( h ) A list of representative items of indebtedness, the interest on which is chargeable to this account, follows: ( 1 ) Advances from affiliated companies; ( 2 ) Advances from nonaffiliated companies and other liabilities; ( 3 ) Assessments for public improvements past due; ( 4 ) Bond coupons, matured and unpaid; ( 5 ) Claims and judgments; ( 6 ) Customers' deposits; ( 7 ) Funded debt mature, with respect to which a definite agreement as to extension has not been made; ( 8 ) Notes payable on demand or maturing one year or less from date of issue; ( 9 ) Open accounts; ( 10 ) Tax assessments, past due; and ( 11 ) Discount, premium, and issuance expense of notes maturing one year or less from date of issue. [ 67 FR 5699 , Feb. 6, 2002, as amended at 84 FR 4730 , Feb. 19, 2019] § 32.7600 Extraordinary items. ( a ) This account is intended to segregate the effects of events or transactions that are extraordinary. Extraordinary events and transactions are distinguished by both their unusual nature and by the infrequency of their occurrence, taking into account the environment in which the company operates. This account shall also include the related income tax effect of the extraordinary items. ( b ) This account shall be credited and/or charged with nontypical, noncustomary and infrequently recurring gains and/or losses which would significantly distort the current year's income computed before such extraordinary items, if reported other than as extraordinary items. ( c ) This account shall be charged or credited and Account 4070, Income taxes—accrued, shall be credited or charged for all current income tax effects (Federal, state and local) of extraordinary items. ( d ) This account shall also be charged or credited, as appropriate, with a contra amount recorded to Account 4350, Net noncurrent deferred nonoperating income taxes or Account 4110, Net current deferred nonoperating income taxes for the income tax effects (Federal, state and local) of extraordinary items that have been deferred in accordance with § 32.22 . [ 67 FR 5700 , Feb. 6, 2002] § 32.7899 Content of accounts. Jurisdictional differences and nonregulated income amounts shall be included in Accounts 7910 and 7990. § 32.7910 Income effect of jurisdictional ratemaking differences—net. This account shall include the impact on revenues and expenses of the jurisdictional ratemaking practices which vary from those of this Commission. All entries recorded in this account shall be recorded net of the applicable income tax effects and shall be supported by appropriate subsidiary records, where necessary, as provided for in § 32.13(e) of subpart B. § 32.7990 Nonregulated net income. ( a ) This account shall be used by those companies who offer nonregulated activities that do not involve the joint or common use of assets or resources used in the provision of both regulated and nonregulated products and services, and which have not established a separate subsidiary for that purpose. ( b ) All revenue and expenses (including taxes) incurred in these nonregulated activities shall be recorded on separate books of account for such operations. Only the net of the total revenues and total expenses shall be recorded in this account, with a contra debit or credit to account 1406.3. [ 52 FR 6562 , Mar. 4, 1987] Subpart G—Glossary § 32.9000 Glossary of terms. When used in this system of accounts: Accelerated depreciation means a depreciation method or period of time, including the treatment given cost of removal and gross salvage, used in calculating depreciation deductions on income tax returns which is different from the depreciation method or period of time prescribed by this Commission for use in calculating depreciation expense recorded in a company's books of account. Account means a specific element of a chart of accounts used to record, classify and accumulate similar financial transactions resulting from the operations of the entity. “Accounts” or “these accounts” refer to the accounts of this system of accounts. Accounting system means the total set of interrelated principles, rules, requirements, definitions, accounts, records, procedures and mechanisms necessary to operate and evaluate the entity from a financial perspective. An accounting system generally consists of a chart of accounts, various parallel subsystems and subsidiary records. An accounting system is utilized to provide the necessary financial information to users to meet judiciary and other responsibilities. Affiliated companies means companies that directly or indirectly through one or more intermediaries, control or are controlled by, or are under common control with, the accounting company. See also Control. Amortization means the systematic recoveries, through ratable charges to expense, of the cost of assets. Associated equipment means that equipment which functions with a specific type of plant or with two (2) or more types of plant, e.g., switching equipment, network power equipment, circuit equipment, common channel network signaling equipment or network operations equipment. Associated equipment shall be classified to the account appropriate for the type of equipment with which it is predominately used rather than on its own characteristics. Illustrative examples of associated equipment are: Alarm and signal apparatus Auxiliary framing Cable and cable racks Distributing frames and equipment thereon Frame and aisle lighting equipment (not permanently attached to the building) Relay racks and panels Basic service area means the minimum specified calling area for which a tariff is prescribed. Book cost means the amount at which property is recorded in these accounts, without deduction of related allowances. Common carrier or carrier means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or in interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this Act; but a person engaged in radio broadcasting shall not, insofar as such person is so engaged, be deemed a common carrier. Company or the company, when not otherwise indicated in the context, means the accounting entity. It includes such unincorporated entities which may be subject to the Communications Act of 1934, as amended. Control (including the terms “controlling,” “controlled by,” and “under common control with”) means the possession directly or indirectly, of the power to direct or cause the direction of the management and policies of a company, whether such power is exercised through one or more intermediary companies, or alone, or in conjunction with, or pursuant to an agreement with, one or more other companies, and whether such power is established through a majority or minority ownership or voting of securities, common directors, officers, or stockholders, voting trusts, holding trusts, affiliated companies, contract, or any other direct or indirect means. Cost , except as applied to telecommunications plants, franchises, and patent rights, means the amount of money actually paid (or the current money value of any consideration other than money exchanged) for property or services. See also Original Cost. Cost of removal means the cost of demolishing, dismantling, removing, tearing down, or otherwise disposing of telecommunications plant and recovering the salvage, including the cost of transportation and handling incident thereto. Depreciation means the loss not restored by current maintenance, incurred in connection with the consumption or prospective retirement of telecommunications plant in the course of service from causes which are known to be in current operation, against which the company is not protected by insurance, and the effect of which can be forecast with a reasonable approach to accuracy. Among the causes to be given consideration are wear and tear, decay, action of the elements, inadequacy, obsolescence, changes in technology, changes in demand and requirements of public authorities. Entity means a legal enterprise (common carrier) engaged in interstate communications within the meaning of the Communications Act of 1934, as amended. Group plan, as applied to depreciation accounting, means the plan under which depreciation charges are accrued upon the basis of the original cost of all property included in each depreciable plant account, using the average service life thereof properly weighted, and upon the retirement of any depreciable property its cost is charged to the depreciation reserve whether or not the particular item has attained the average service life. Indexed revenue threshold for a given year means $100 million, adjusted for inflation, as measured by the Department of Commerce Gross Domestic Product Chain-type Price Index (GDP-CPI), for the period from October 19, 1992 to the given year. The indexed revenue threshold for a given year shall be determined by multiplying $100 million by the ratio of the annual value of the GDP-CPI for the given year to the estimated seasonally adjusted GDP-CPI on October 19, 1992. The indexed revenue threshold shall be rounded to the nearest $1 million. The seasonally adjusted GDP-CPI on October 19, 1992 is determined to be 100.69. Intangible property means assets that have no physical existence but instead have value because of the rights which ownership confers. Intrasystems means assets consisting of: ( 1 ) PBX and Key System Common Equipment (a switchboard or switching equipment shared by all stations); ( 2 ) Associated CPE station equipment (usually telephone or Key Telephone Systems); and ( 3 ) Intrasystem wiring (all cable or wiring and associated components which connect the common equipment and the station equipment, located on the customer's side of the demarcation point). An intrasystem does not include property, plant or equipment which are not solely dedicated to its operation. Mid-sized incumbent local exchange carrier is a carrier whose annual revenue from regulated telecommunications operations equals or exceeds the indexed revenue threshold and whose revenue when aggregated with the revenues of any local exchange carrier that it controls, is controlled by, or with which it is under common control is less than $7 billion (indexed for inflation as measured by the Department of Commerce Gross Domestic Product Chain-type Price Index (GDP-CPI)). Minor items, as applied to depreciable telecommunications plant, means any part or element of such plant, which when removed, (with or without replacement) does not initiate retirement accounting. Original cost or cost, as applied to telecommunications plant, rights of way and other intangible property, means the actual money cost of (or the current money value of any consideration other than money exchanged for) property at the time when it was purchased. Plant retired means plant which has been removed, sold, abandoned, destroyed, or otherwise withdrawn from service. Retirement units , as applied to depreciable telecommunications plant, means those items of plant which when removed (with or without replacement) cause the initiation of retirement accounting entries. Salvage value means the amount received for property retired, if sold, or if retained for reuse, the amount at which the material recovered is chargeable to Account 1220, Material and Supplies, or other appropriate account. Straight-line method , as applied to depreciation accounting, means the plan under which the cost of property is charged to operating expenses and credited to accumulated depreciation through equal annual charges as nearly as may be during its service life. Subsidiary record means accumulation of detailed information which is required by this Commission to be maintained in support of entries to the accounts. Subsidiary record categories means those segregations of certain regulated costs, expenses and revenues which must be maintained and are subject to specific reporting requirements of this Commission. Subsystems, parallel mechanisms means processes or procedures which augment the use of a chart of accounts in the financial operation of the entity. These subsystems operate on and/or process account and subsidiary record information for specific purposes. Telecommunications means any transmission, emission, or reception of signs, signals, writing, images or sounds or intelligence of any nature by wire, radio, visual or other electromagnetic systems. This encompasses the aggregate of several modes of conveying information, signals or messages over a distance. Included in the telecommunications industry is the transmitting, receiving, or exchanging of information among multiple locations. The minimum elements required for the telecommunications process to occur are a message source, a transmission medium and a receiver. Time of installation means the date at which telecommunications plant is placed in service. Time of retirement means the date at which telecommunications plant is retired from service. Tangible property means assets characterized by physical existence, such as land, buildings, equipment, furniture, fixtures and tools. [ 51 FR 43499 , Dec. 2, 1986, as amended at 61 FR 50245 , Sept. 25, 1996; 62 FR 39778 , July 24, 1997; 62 FR 51064 , Sept. 30, 1997; 64 FR 50008 , Sept. 15, 1999; 67 FR 5700 , Feb. 6, 2002; 82 FR 20843 , May 4, 2017]
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PART 59—INFRASTRUCTURE SHARING Authority: 47 U.S.C. 154(i) , 154(j) , 201-205 , 259 , 303(r) , 403 . Source: 62 FR 9713 , Mar. 4, 1997, unless otherwise noted. § 59.1 General duty. Incumbent local exchange carriers (as defined in 47 U.S.C. section 251(h) ) shall make available to any qualifying carrier such public switched network infrastructure, technology, information, and telecommunications facilities and functions as may be requested by such qualifying carrier for the purpose of enabling such qualifying carrier to provide telecommunications services, or to provide access to information services, in the service area in which such qualifying carrier has obtained designation as an eligible telecommunications carrier under section 214(e) of 47 U.S.C. § 59.2 Terms and conditions of infrastructure sharing. ( a ) An incumbent local exchange carrier subject to the requirements of section 59.1 shall not be required to take any action that is economically unreasonable or that is contrary to the public interest. ( b ) An incumbent local exchange carrier subject to the requirements of section 59.1 may, but shall not be required to, enter into joint ownership or operation of public switched network infrastructure, technology, information and telecommunications facilities and functions and services with a qualifying carrier as a method of fulfilling its obligations under section 59.1 . ( c ) An incumbent local exchange carrier subject to the requirements of section 59.1 shall not be treated by the Commission or any State as a common carrier for hire or as offering common carrier services with respect to any public switched network infrastructure, technology, information, or telecommunications facilities, or functions made available to a qualifying carrier in accordance with regulations issued pursuant to this section. ( d ) An incumbent local exchange carrier subject to the requirements of section 59.1 shall make such public switched network infrastructure, technology, information, and telecommunications facilities, or functions available to a qualifying carrier on just and reasonable terms and pursuant to conditions that permit such qualifying carrier to fully benefit from the economies of scale and scope of such local exchange carrier. An incumbent local exchange carrier that has entered into an infrastructure sharing agreement pursuant to section 59.1 must give notice to the qualifying carrier at least sixty days before terminating such infrastructure sharing agreement. ( e ) An incumbent local exchange carrier subject to the requirements of section 59.1 shall not be required to engage in any infrastructure sharing agreement for any services or access which are to be provided or offered to consumers by the qualifying carrier in such local exchange carrier's telephone exchange area. ( f ) An incumbent local exchange carrier subject to the requirements of section 59.1 shall file with the State, or, if the State has made no provision to accept such filings, with the Commission, for public inspection, any tariffs, contracts, or other arrangements showing the rates, terms, and conditions under which such carrier is making available public switched network infrastructure, technology, information and telecommunications facilities and functions pursuant to this part. § 59.3 Information concerning deployment of new services and equipment. An incumbent local exchange carrier subject to the requirements of section 59.1 that has entered into an infrastructure sharing agreement under section 59.1 shall provide to each party to such agreement timely information on the planned deployment of telecommunications services and equipment, including any software or upgrades of software integral to the use or operation of such telecommunications equipment. § 59.4 Definition of “qualifying carrier”. For purposes of this part, the term “qualifying carrier” means a telecommunications carrier that: ( a ) Lacks economies of scale or scope; and ( b ) Offers telephone exchange service, exchange access, and any other service that is included in universal service, to all consumers without preference throughout the service area for which such carrier has been designated as an eligible telecommunications carrier under section 214(e) of 47 U.S.C.
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PART 87—AVIATION SERVICES Authority: 47 U.S.C. 154 , 303 and 307(e) , unless otherwise noted. Source: 53 FR 28940 , Aug. 1, 1988, unless otherwise noted. Subpart A—General Information § 87.1 Basis and purpose. This section contains the statutory basis and provides the purpose for which this part is issued. ( a ) Basis. The rules for the aviation services in this part are promulgated under the provisions of the Communications Act of 1934, as amended, which vests authority in the Federal Communications Commission (Commission) to regulate radio transmission and to issue licenses for radio stations. These rules conform with applicable statutes and international treaties, agreements and recommendations to which the United States is a party. The most significant of these documents are listed with the short title appearing in parentheses: ( 1 ) Communications Act of 1934, as amended—(Communications Act). ( 2 ) International Telecommunication Union Radio Regulations, in force for the United States—(Radio Regulations). ( 3 ) The Convention on International Civil Aviation—(ICAO Convention). ( b ) Purpose. This part states the conditions under which radio stations may be licensed and used in the aviation services. These rules do not govern U.S. Government radio stations. § 87.3 Other applicable rule parts. Other applicable CFR title 47 parts include: ( a ) Part 0 contains the Commission's organizations and delegations of authority. Part 0 also lists Commission publications, standards and procedures for access to Commission records and location of Commission monitoring stations. ( b ) Part 1 contains rules of practice and procedure for license applications, adjudicatory proceedings, rule making proceedings, procedures for reconsideration and review of the Commission's actions; provisions concerning violation notices and forfeiture proceedings; and the environmental processing requirements that, together with the procedures specified in § 17.4(c) of this chapter , if applicable, must be complied with prior to the initiation of construction. ( c ) Part 2 contains the Table of Frequency Allocations and special requirements in international regulations, recommendations, agreements, and treaties. This part also contains standards and procedures concerning marketing of radio frequency devices, and for obtaining equipment authorization. ( d ) Part 13 contains information and rules for the licensing of commercial radio operators. ( e ) Part 17 contains requirements for construction, marking and lighting of antenna towers, and the environmental notification process that must be completed before filing certain antenna structure registration applications. ( f ) Part 80 contains rules for the maritime services. Certain maritime frequencies are available for use by aircraft stations for distress and safety, public correspondence and operational communications. [ 53 FR 28940 , Aug. 1, 1988, as amended at 77 FR 3955 , Jan. 26, 2012] § 87.5 Definitions. Aeronautical advisory station (unicom). An aeronautical station used for advisory and civil defense communications primarily with private aircraft stations. Aeronautical enroute station. An aeronautical station which communicates with aircraft stations in flight status or with other aeronautical enroute stations. Aeronautical fixed service. A radiocommunication service between specified fixed points provided primarily for the safety of air navigation and for the regular, efficient and economical operation of air transport. A station in this service is an aeronautical fixed station. Aeronautical Mobile Off-Route (OR) Service. An aeronautical mobile service intended for communications, including those relating to flight coordination, primarily outside national or international civil air routes.(RR) Aeronautical Mobile Route (R) Service. An aeronautical mobile service reserved for communications relating to safety and regularity of flight, primarily along national or international civil air routes.(RR) Aeronautical Mobile-Satellite Off-Route (OR) Service. An aeronautical mobile-satellite service intended for communications, including those relating to flight coordination, primarily outside national and international civil air routes.(RR) Aeronautical Mobile-Satellite Route (R) Service. An aeronautical mobile-satellite service reserved for communications relating to safety and regularity of flights, primarily along national or international civil air routes.(RR) Aeronautical Mobile-Satellite Service. A mobile-satellite service in which mobile earth stations are located on board aircraft. Aeronautical mobile service. A mobile service between aeronautical stations and aircraft stations, or between aircraft stations, in which survival craft stations may also participate; emergency position-indicating radiobeacon stations may also participate in this service on designated distress and emergency frequencies. Aeronautical multicom station. An aeronautical station used to provide communications to conduct the activities being performed by, or directed from, private aircraft. Aeronautical radionavigation service. A radionavigation service intended for the benefit and for the safe operation of aircraft. Aeronautical search and rescue station. An aeronautical station for communication with aircraft and other aeronautical search and rescue stations pertaining to search and rescue activities with aircraft. Aeronautical station. A land station in the aeronautical mobile service. In certain instances an aeronautical station may be located, for example, on board ship or on a platform at sea. Aeronautical utility mobile station. A mobile station used on airports for communications relating to vehicular ground traffic. Air carrier aircraft station. A mobile station on board an aircraft which is engaged in, or essential to, the transportation of passengers or cargo for hire. Aircraft data link system. A system used to provide data communications between the aircraft and ground personnel necessary for the safe, efficient and economic operation of the aircraft. Aircraft data link land test station. A station which is used to test and calibrate aircraft data link system communications equipment. Aircraft earth station (AES). A mobile earth station in the aeronautical mobile-satellite service located on board an aircraft. Aircraft station. A mobile station in the aeronautical mobile service other than a survival craft station, located on board an aircraft. Air operations area. All airport areas where aircraft can operate, either under their own power or while in tow. The airport operations area includes runways, taxiways, apron areas, and all unpaved surfaces within the airport's perimeter fence. An apron area is a surface in the air operations area where aircraft park and are serviced (refueled, loaded with cargo, and/or boarded by passengers). Airport. An area of land or water that is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. Airport control tower (control tower) station. An aeronautical station providing communication between a control tower and aircraft. Automatic dependent surveillance—broadcast (ADS-B) Service. Broadcast transmissions from aircraft, supporting aircraft-to-aircraft or aircraft-to-ground surveillance applications, including position reports, velocity vector, intent and other relevant information about the aircraft. Automatic terminal information service-broadcast (ATIS-B). The automatic provision of current, routine information to arriving and departing aircraft throughout a 24-hour period or a specified portion thereof. Automatic weather observation station (AWOS) or automatic surface observation station (ASOS). A land station located at an airport and used to automatically transmit weather information to aircraft. Aviation service organization. Any business firm which maintains facilities at an airport for the purposes of one or more of the following general aviation activities: ( a ) Aircraft fueling; ( b ) Aircraft services (e.g. parking, storage, tie-downs); ( c ) Aircraft maintenance or sales; ( d ) Electronics equipment maintenance or sales; ( e ) Aircraft rental, air taxi service or flight instructions; and ( f ) Baggage and cargo handling, and other passenger or freight services. Aviation services. Radio-communication services for the operation of aircraft. These services include aeronautical fixed service, aeronautical mobile service, aeronautical radiodetermination service, and secondarily, the handling of public correspondence on frequencies in the maritime mobile and maritime mobile satellite services to and from aircraft. Aviation support station. An aeronautical station used to coordinate aviation services with aircraft and to communicate with aircraft engaged in unique or specialized activities. (See subpart K) Differential GPS (DGPS). A system which transmits corrections to the GPS derived position. Emergency locator transmitter (ELT). A transmitter of an aircraft or a survival craft actuated manually or automatically that is used as an alerting and locating aid for survival purposes. Emergency locator transmitter (ELT) test station. A land station used for testing ELTs or for training in the use of ELTs. Expendable Launch Vehicle (ELV). A booster rocket that can be used only once to launch a payload, such as a missile or space vehicle. Flight Information Service-Broadcast (FIS-B). A broadcast service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights. Flight telemetering mobile station. A telemetering mobile station used for transmitting data from an airborne vehicle, excluding data related to airborne testing of the vehicle itself (or major components thereof). Flight test aircraft station. An aircraft station used in the testing of aircraft or their major components. Flight test land station. An aeronautical station used in the testing of aircraft or their major components. Glide path station. A radionavigation land station which provides vertical guidance to aircraft during approach to landing. Instrument landing system (ILS). A radionavigation system which provides aircraft with horizontal and vertical guidance just before and during landing and, at certain fixed points, indicates the distance to the reference point of landing. Instrument landing system glide path. A system of vertical guidance embodied in the instrument landing system which indicates the vertical deviation of the aircraft from its optimum path of descent. Instrument landing system localizer. A system of horizontal guidance embodied in the instrument landing system which indicates the horizontal deviation of the aircraft from its optimum path of descent along the axis of the runway or along some other path when used as an offset. Land station. A station in the mobile service not intended to be used while in motion. Localizer station. A radionavigation land station which provides horizontal guidance to aircraft with respect to a runway center line. Marker beacon station. A radionavigation land station in the aeronautical radionavigation service which employs a marker beacon. A marker beacon is a transmitter which radiates vertically a distinctive pattern for providing position information to aircraft. Mean power (of a radio transmitter). The average power supplied to the antenna transmission line by a transmitter during an interval of time sufficiently long compared with the lowest frequency encountered in the modulation taken under normal operating conditions. Microwave landing system. An instrument landing system operating in the microwave spectrum that provides lateral and vertical guidance to aircraft having compatible avionics equipment. Mobile service. A radiocommunication service between mobile and land stations, or between mobile stations. A mobile station is intended to be used while in motion or during halts at unspecified points. Operational fixed station. A fixed station, not open to public correspondence, operated by and for the sole use of persons operating their own radiocommunication facilities in the public safety, industrial, land transportation, marine, or aviation services. Peak envelope power (of a radio transmitter). The average power supplied to the antenna transmission line by a transmitter during one radio frequency cycle at the crest of the modulation envelope taken under normal operating conditions. Private aircraft station. A mobile station on board an aircraft not operated as an air carrier. A station on board an air carrier aircraft weighing less than 12,500 pounds maximum certified takeoff gross weight may be licensed as a private aircraft station. Racon station. A radionavigation land station which employs a racon. A racon (radar beacon) is a transmitter-receiver associated with a fixed navigational mark, which when triggered by a radar, automatically returns a distinctive signal which can appear on the display of the triggering radar, providing range, bearing and identification information. Radar. A radiodetermination system based upon the comparison of reference signals with radio signals reflected, or re-transmitted, from the position to be determined. Radio altimeter. Radionavigation equipment, on board an aircraft or spacecraft, used to determine the height of the aircraft or spacecraft above the Earth's surface or another surface. Radiobeacon station. A station in the radionavigation service the emissions of which are intended to enable a mobile station to determine its bearing or direction in relation to the radiobeacon station. Radiodetermination service. A radiocommuncation service which uses radiodetermination. Radiodetermination is the determination of the position, velocity and/or other characteristics of an object, or the obtaining of information relating to these parameters, by means of the propagation of radio waves. A station in this service is called a radiodetermination station. Radiolocation service. A radiodetermination service for the purpose of radiolocation. Radiolocation is the use of radiodetermination for purposes other than those of radionavigation. Radionavigation land test stations. A radionavigation land station which is used to transmit information essential to the testing and calibration of aircraft navigational aids, receiving equipment, and interrogators at predetermined surface locations. The Maintenance Test Facility (MTF) is used primarily to permit maintenance testing by aircraft radio service personnel. The Operational Test Facility (OTF) is used primarily to permit the pilot to check a radionavigation system aboard the aircraft prior to takeoff. Radionavigation service. A radiodetermination service for the purpose of radionavigation. Radionavigation is the use of radiodetermination for the purpose of navigation, including obstruction warning. Re-usable launch vehicle (RLV). A booster rocket that can be recovered after launch, refurbished and re-launched. Surveillance radar station. A radionavigation land station in the aeronautical radionavigation service employing radar to detect the presence of aircraft within its range. Survival craft station. A mobile station in the maritime or aeronautical mobile service intended solely for survival purposes and located on any lifeboat, life raft or other survival equipment. Traffic information services—broadcast (TIS-B). Traffic information broadcasts derived from ground-based radar systems. Universal access transceiver (UAT). A radio datalink system authorized to operate on the frequency 978 MHz to support Automatic Dependent Surveillance—Broadcast (ADS-B) Service, Traffic Information Services—Broadcast (TIS-B) and Flight Information Service—Broadcast (FIS-B). VHF Omni directional range station (VOR). A radionavigation land station in the aeronautical radionavigation service providing direct indication of the bearing (omni-bearing) of that station from an aircraft. [ 53 FR 28940 , Aug. 1, 1988, as amended at 54 FR 11719 , Mar. 22, 1989; 54 FR 49995 , Dec. 4, 1989; 55 FR 4175 , Feb. 7, 1990; 57 FR 45749 , Oct. 5, 1992; 64 FR 27474 , May 20, 1999; 69 FR 32879 , June 14, 2004; 71 FR 70676 , Dec. 6, 2006; 78 FR 45074 , July 26, 2013; 78 FR 61205 , Oct. 3, 2013; 80 FR 38909 , July 7, 2015] Subpart B—Applications and Licenses § 87.17 Scope. Part 1 of the Commission's rules contains the general rules of practice and procedure applicable to proceedings before the Commission and for the filing of applications for radio station licenses in the aviation services. Specific guidance for each type of radio service license in aviation services is set forth in this part. [ 63 FR 68957 , Dec. 14, 1998] § 87.18 Station license required. ( a ) Except as noted in paragraph (b) of this section, stations in the aviation service must be licensed by the FCC either individually or by fleet. ( b ) An aircraft station is licensed by rule and does not need an individual license issued by the FCC if the aircraft station is not required by statute, treaty, or agreement to which the United States is signatory to carry a radio, and the aircraft station does not make international flights or communications. Even though an individual license is not required, an aircraft station licensed by rule must be operated in accordance with all applicable operating requirements, procedures, and technical specifications found in this part. [ 61 FR 58011 , Nov. 12, 1996] § 87.19 Basic eligibility. ( a ) General. Foreign governments or their representatives cannot hold station licenses. ( b ) Aeronautical enroute and aeronautical fixed stations. The following persons cannot hold an aeronautical enroute or an aeronautical fixed station license. ( 1 ) Any alien or the representative of any alien; ( 2 ) Any corporation organized under the laws of any foreign government; ( 3 ) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or its representative, or by a corporation organized under the laws of a foreign country; or ( 4 ) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or its representatives, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. [ 53 FR 28940 , Aug. 1, 1988, as amended at 61 FR 55581 , Oct. 28, 1996] § 87.25 Filing of applications. ( a ) [Reserved] ( b ) An application must be filed with the Commission in accordance with part 1, subpart F of this chapter . Applications requiring fees as set forth at part 1, subpart G of this chapter must be filed in accordance with § 0.401(b) of the rules. ( c ) One application may be submitted for the total number of aircraft stations in the fleet (fleet license). ( d ) One application for aeronautical land station license may be submitted for the total number of stations in the fleet. ( e ) One application for modification or transfer of control may be submitted for two or more stations when the individual stations are clearly identified and the following elements are the same for all existing or requested station licenses involved: ( 1 ) Applicant; ( 2 ) Specific details of request; ( 3 ) Rule part. [ 53 FR 28940 , Aug. 1, 1988, as amended at 56 FR 64715 , Dec. 12, 1991; 63 FR 68957 , Dec. 14, 1998; 64 FR 53241 , Oct. 1, 1999; 69 FR 32879 , June 14, 2004] § 87.27 License term. Licenses for stations in the aviation services will normally be issued for a term of ten years from the date of original issuance, or renewal. [ 78 FR 25175 , Apr. 29, 2013] § 87.29 Partial grant of application. Whenever the Commission, without a hearing, grants an application in part or with any privileges, terms, or conditions other than those requested, the action will be considered as a grant of the application unless the applicant, within 30 days from the date on which such grant is made, or from its effective date if a later day is specified, files with the Commission a written protest, rejecting the grant as made. Upon receipt of such protest, the Commission will vacate its original action upon the application and, if necessary, set the application for hearing. § 87.35 Cancellation of license. When a station permanently discontinues operation the station license must be canceled in accordance with the procedures set forth in part 1 of this chapter . [ 63 FR 68957 , Dec. 14, 1998] § 87.39 Equipment acceptable for licensing. Transmitters listed in this part must be certificated for a particular use by the Commission based upon technical requirements contained in subpart D of this part . [ 53 FR 28940 , Aug. 1, 1988, as amended at 63 FR 36607 , July 7, 1998] § 87.41 Frequencies. ( a ) Applicant responsibilities. The applicant must propose frequencies to be used by the station consistent with the applicant's eligibility, the proposed operation and the frequencies available for assignment. Applicants must cooperate in the selection and use of frequencies in order to minimize interference and obtain the most effective use of stations. See subpart E and the appropriate subpart applicable to the class of station being considered. ( b ) Licensing limitations. Frequencies are available for assignment to stations on a shared basis only and will not be assigned for the exclusive use of any licensee. The use of any assigned frequency may be restricted to one or more geographical areas. ( c ) Government frequencies. Frequencies allocated exclusively to federal government radio stations may be licensed. The applicant for a government frequency must provide a satisfactory showing that such assignment is required for inter-communication with government stations or required for coordination with activities of the federal government. The Commission will coordinate with the appropriate government agency before a government frequency is assigned. ( d ) Assigned frequency. The frequency coinciding with the center of an authorized bandwidth of emission must be specified as the assigned frequency. For single sideband emission, the carrier frequency must also be specified. § 87.43 Operation during emergency. A station may be used for emergency communications in a manner other than that specified in the station license or in the operating rules when normal communication facilities are disrupted. The Commission may order the discontinuance f any such emergency service. § 87.45 Time in which station is placed in operation. This section applies only to unicom stations and radionavigation land stations, excluding radionavigation land test stations. When a new license has been issued or additional operating frequencies have been authorized, the station or frequencies must be placed in operation no later than one year from the date of the grant. The licensee must notify the Commission in accordance with § 1.946 of this chapter that the station or frequencies have been placed in operation. [ 69 FR 32879 , June 14, 2004] § 87.47 Application for a portable aircraft station license. A person may apply for a portable aircraft radio station license if the need exists to operate the same station on more than one U.S. aircraft. § 87.51 Aircraft earth station commissioning. ( a ) [Reserved] ( b ) Aircraft earth stations authorized to operate in the Inmarsat space segment must display the Commission license together with the commissioning certificate issued by Inmarsat. Notwithstanding the requirements of this paragraph, aircraft earth stations may operate in the Inmarsat space segment without an Inmarsat-issued commissioning certificate if written approval is obtained from Inmarsat in addition to the license from the Commission. [ 57 FR 45749 , Oct. 5, 1992, as amended at 63 FR 68957 , Dec. 14, 1998] Subpart C—Operating Requirements and Procedures Operating Requirements § 87.69 Maintenance tests. The licensee may make routine maintenance tests on equipment other than emergency locator transmitters if there is no interference with the communications of any other station. Procedures for conducting tests on emergency locator transmitters are contained in subpart F. § 87.71 Frequency measurements. A licensed operator must measure the operating frequencies of all land-based transmitters at the following times: ( a ) When the transmitter is originally installed; ( b ) When any change or adjustment is made in the transmitter which may affect an operating frequency; or ( c ) When an operating frequency has shifted beyond tolerance. § 87.73 Transmitter adjustments and tests. A general radiotelephone operator must directly supervise and be responsible for all transmitter adjustments or tests during installation, servicing or maintenance of a radio station. A general radiotelephone operator must be responsible for the proper functioning of the station equipment. § 87.75 Maintenance of antenna structure marking and control equipment. The owner of each antenna structure required to be painted and/or illuminated under the provisions of Section 303(q) of the Communications Act of 1934, as amended, shall operate and maintain the antenna structure painting and lighting in accordance with part 17 of this chapter . In the event of default by the owner, each licensee or permittee shall be individually responsible for conforming to the requirements pertaining to antenna structure painting and lighting. [ 61 FR 4368 , Feb. 6, 1996] § 87.77 Availability for inspections. The licensee must make the station and its records available for inspection upon request. Radio Operator Requirements § 87.87 Classification of operator licenses and endorsements. ( a ) Commercial radio operator licenses issued by the Commission are classified in accordance with the Radio Regulations of the International Telecommunication Union. ( b ) The following licenses are issued by the Commission. International classification, if different from the license name, is given in parentheses. The licenses and their alphanumeric designator are listed in descending order. ( 1 ) T-1. First Class Radiotelegraph Operator's Certificate. Beginning May 20, 2013, no applications for new First Class Radiotelegraph Operator's Certificates will be accepted for filing. ( 2 ) T-2. Second Class Radiotelegraph Operator's Certificate. Beginning May 20, 2013, no applications for new Second Class Radiotelegraph Operator's Certificates will be accepted for filing. ( 3 ) T-3. Third Class Radiotelegraph Operator's Certificate (radiotelegraph operator's special certificate). Beginning May 20, 2013, no applications for new Third Class Radiotelegraph Operator's Certificates will be accepted for filing. ( 4 ) T. Radiotelegraph Operator License. ( 5 ) G General Radiotelephone Operator Licenes (radiotelephone operator's general certificate) ( 6 ) MP Marine Radio Operator Permit (radiotelephone operator's restricted certificate) ( 7 ) RP Restricted Radiotelephone Operator Permit (radiotelephone operator's restricted certificate) [ 53 FR 28940 , Aug. 1, 1988, as amended at 78 FR 23158 , Apr. 18, 2013] § 87.89 Minimum operator requirements. ( a ) A station operator must hold a commercial radio operator license or permit, except as listed in paragraph (d). ( b ) The minimum operator license or permit required for operation of each specific classification is: Minimum Operator License or Permit Land stations, all classes —All frequencies except VHF telephony transmitters providing domestic service RP Aircraft stations, all classes —Frequencies below 30 MHz allocated exclusively to aeronautical mobile services RP —Frequencies below 30 MHz not allocated exclusively to aeronautical mobile services MP or higher —Frequencies above 30 MHz not allocated exclusively to aeronautical mobile services and assigned for international use MP or higher —Frequencies above 30 MHz not assigned for international use none —Frequencies not used solely for telephone or exceeding 250 watts carrier power or 1000 watts peak envelope power G or higher ( c ) The operator of a telephony station must directly supervise and be responsible for any other person who transmits from the station, and must ensure that such communications are in accordance with the station license. ( d ) No operator license is required to: ( 1 ) Operate an aircraft radar set, radio altimeter, transponder or other aircraft automatic radionavigation transmitter by flight personnel; ( 2 ) Test an emergency locator transmitter or a survival craft station used solely for survival purposes; ( 3 ) Operate an aeronautical enroute station which automatically transmits digital communications to aircraft stations; ( 4 ) Operate a VHF telephony transmitter providing domestic service or used on domestic flights. § 87.91 Operation of transmitter controls. The holder of a marine radio operator permit or a restricted radiotelephone operator permit must perform only transmitter operations which are controlled by external switches. These operators must not perform any internal adjustment of transmitter frequency determining elements. Further, the stability of the transmitter frequencies at a station operated by these operators must be maintained by the transmitter itself. When using an aircraft radio station on maritime mobile service frequencies the carrier power of the transmitter must not exceed 250 watts (emission A3E) or 1000 watts (emission R3E, H3E, or J3E). Operating Procedures § 87.103 Posting station license. ( a ) Stations at fixed locations. The license or a photocopy must be posted or retained in the station's permanent records. ( b ) Aircraft radio stations. The license must be either posted in the aircraft or kept with the aircraft registration certificate. If a single authorization covers a fleet of aircraft, a copy of the license must be either posted in each aircraft or kept with each aircraft registration certificate. ( c ) Aeronautical mobile stations. The license must be retained as a permanent part of the station records. [ 53 FR 28940 , Aug. 1, 1988, as amended at 54 FR 11720 , Mar. 22, 1989] § 87.105 Availability of operator permit or license. All operator permits or licenses must be readily available for inspection. § 87.107 Station identification. ( a ) Aircraft station. Identify by one of the following means: ( 1 ) Aircraft radio station call sign. ( 2 ) The type of aircraft followed by the characters of the registration marking (“N” number) of the aircraft, omitting the prefix letter “N.” When communication is initiated by a ground station, an aircraft station may use the type of aircraft followed by the last three characters of the registration marking. Notwithstanding any other provision of this section, an aircraft being moved by maintenance personnel from one location in an airport to another location in that airport may be identified by a station identification consisting of the name of the company owning or operating the aircraft, followed by the word “Maintenance” and additional alphanumeric characters of the licensee's choosing. ( 3 ) The FAA assigned radiotelephony designator of the aircraft operating organization followed by the flight identification number. ( 4 ) An aircraft identification approved by the FAA for use by aircraft stations participating in an organized flying activity of short duration. ( b ) Land and fixed stations. Identify by means of radio station call sign, its location, its assigned FAA identifier, the name of the city area or airport which it serves, or any additional identification required. An aeronautical enroute station which is part of a multistation network may also be identified by the location of its control point. ( c ) Survival craft station. Identify by transmitting a reference to its parent aircraft. No identification is required when distress signals are transmitted automatically. Transmissions other than distress or emergency signals, such as equipment testing or adjustment, must be identified by the call sign or by the registration marking of the parent aircraft followed by a single digit other than 0 or 1. ( d ) Exempted station. The following types of stations are exempted from the use of a call sign: Airborne weather radar, radio altimeter, air traffic control transponder, distance measuring equipment, collision avoidance equipment, racon, radio relay, radionavigation land test station (MTF), and automatically controlled aeronautical enroute stations. [ 53 FR 28940 , Aug. 1, 1988, as amended at 71 FR 70676 , Dec. 6, 2006] § 87.109 Station logs. ( a ) A station at a fixed location in the international aeronautical mobile service must maintain a log in accordance with Annex 10 of the ICAO Convention. ( b ) A station log must contain the following information: ( 1 ) The name of the agency operating the station. ( 2 ) The identification of the station. ( 3 ) The date. ( 4 ) The time of opening and closing the station. ( 5 ) The frequencies being guarded and the type of watch (continuous or scheduled) being maintained on each frequency. ( 6 ) Except at intermediate mechanical relay stations where the provisions of this paragraph need not be complied with, a record of each communication showing text of communication, time communications completed, station(s) communicated with, and frequency used. ( 7 ) All distress communications and action thereon. ( 8 ) A brief description of communications conditions and difficulties, including harmful interference. Such entries should include, whenever practicable, the time at which interference was experienced, the character, radio frequency and identification of the interfering signal. ( 9 ) A brief description of interruption to communications due to equipment failure or other troubles, giving the duration of the interruption and action taken. ( 10 ) Such additional information as may be considered by the operator to be of value as part of the record of the stations operations. ( c ) Stations maintaining written logs must also enter the signature of each operator, with the time the operator assumes and relinquishes a watch. [ 69 FR 32879 , June 14, 2004] § 87.111 Suspension or discontinuance of operation. The licensee of any airport control tower station or radionavigation land station must notify the nearest FAA regional office upon the temporary suspension or permanent discontinuance of the station. The FAA regional office must be notified again when service resumes. [ 69 FR 32880 , June 14, 2004] Subpart D—Technical Requirements § 87.131 Power and emissions. The following table lists authorized emissions and maximum power. Power must be determined by direct measurement. Class of station Frequency band/frequency Authorized emission(s) 9 Maximum power 1 Aeronautical advisory VHF A3E 10 watts. 10 Aeronautical multicom VHF A3E 10 watts. Aeronautical enroute and aeronautical fixed HF R3E, H3E, J3E, J7B, H2B, J2D 6 kw. HF A1A, F1B, J2A, J2B 1.5 kw. VHF A3E, A9W G1D, A2D Aeronautical search and rescue VHF HF A3E R3E, H3E, J3E 10 watts. 100 watts. Operational fixed VHF G3E, F2D 30 watts. Flight test land VHF A3E 200 watts. UHF F2D, F9D, F7D 25 watts. 3 HF H2B, J3E, J7D, J9W 6.0 kw. Aviation support VHF A3E 50 watts. Airport control tower VHF A3E, G1D, G7D 50 watts. Below 400 kHz A3E 15 watts. Aeronautical utility mobile VHF A3E 10 watts. 1090 MHz M1D 20 watts. Aircraft data link land test 131.450 MHz, 131.550 MHz, 131.725 MHz, 131.825 MHz, 136.850 MHz A2D 100 microwatts. 136.900 MHz, 136.925 MHz, 136.950 MHz, 136.975 MHz G1D 100 microwatts. Radionavigation land test 108.150 MHz A9W 1 milliwatt. 334.550 MHz A1N 1 milliwatt. Other VHF M1A, XXA, A1A, A1N, A2A, A2D, A9W 1 watt. Other UHF M1A, XXA, A1A, A1N, A2A, A2D, A9W 1 watt. 5031.0 MHz F7D 1 watt. Radionavigation land Various 4 Various 4 Various. 4 Aeronautical Frequencies Aircraft (Communication) UHF F2D, F9D, F7D 25 watts. VHF A3E, A9W, G1D, G7D, A2D 55 watts. HF R3E, H3E, J3E, J7B, H2B, J7D, J9W 400 watts. HF A1A, F1B, J2A, J2B 100 watts. Marine Frequencies 5 156.300 MHz G3E 5 watts. 156.375 MHz G3E 5 watts. 156.400 MHz G3E 5 watts. 156.425 MHz G3E 5 watts. 156.450 MHz G3E 5 watts. 156.625 MHz G3E 5 watts. 156.800 MHz G3E 5 watts. 156.900 MHz G3E 5 watts. 157.425 MHz G3E 5 watts. HF 6 R3E, H3E, J3E, J2B, F1B, A3E 1000 watts. 250 watts. MF 6 R3E, H3E, J3E, J2B, F1B 1000 watts. HF 6 A3E 250 watts. (Radionavigation) Various 7 Various 7 Various. 7 Aircraft earth UHF G1D, G1E, G1W 60 watts. 8 Differential GPS VHF G7D Various. 2 1 The power is measured at the transmitter output terminals and the type of power is determined according to the emission designator as follows: (i) Mean power (pY) for amplitude modulated emissions and transmitting both sidebands using unmodulated full carrier. (ii) Peak envelope power (pX) for all emission designators other than those referred to in paragraph (i) of this note. 2 Power and antenna height are restricted to the minimum necessary to achieve the required service. 3 Transmitter power may be increased to overcome line and duplexer losses but must not exceed 25 watts delivered to the antenna. 4 Frequency, emission, and maximum power will be determined after coordination with appropriate Government agencies. 5 To be used with airborne marine equipment certificated for part 80 (ship) and used in accordance with part 87. 6 Applicable onIy to marine frequencies used for public correspondence. 7 Frequency, emission, and maximum power will be determined by appropriate standards during the certification process. 8 Power may not exceed 60 watts per carrier, as measured at the input of the antenna subsystem, including any installed diplexer. The maximum EIRP may not exceed 2000 watts per carrier. 9 Excludes automatic link establishment. 10 Power is limited to 0.5 watt, but may not exceed 2 watts when station is used in an automatic unattended mode. [ 54 FR 11720 , Mar. 22, 1989, as amended at 57 FR 45749 , Oct. 5, 1992; 62 FR 40308 , July 28, 1997; 63 FR 36607 , July 7, 1998; 64 FR 27474 , May 20, 1999; 66 FR 26798 , May 15, 2001; 69 FR 32880 , June 14, 2004; 78 FR 61205 , Oct. 3, 2013] § 87.133 Frequency stability. ( a ) Except as provided in paragraphs (c) , (d) , (f) , and (g) of this section, the carrier frequency of each station must be maintained within these tolerances: Frequency band (lower limit exclusive, upper limit inclusive), and categories of stations Tolerance 1 Tolerance 2 (1) Band-9 to 535 kHz: Aeronautical stations 100 100 Aircraft stations 200 100 Survival craft stations on 500 kHz 5,000 20 Hz 3 Radionavigation stations 100 100 (2) Band-1605 to 4000 kHz: Aeronautical fixed stations: Power 200 W or less 100 100 8 Power above 200 W 50 50 8 Aeronautical stations: Power 200 W or less 100 7 100 7 8 Power above 200 W 50 7 50 7 8 Aircraft stations 100 7 100 7 Survival craft stations on 2182 kHz 200 20 Hz 3 (3) Band-4 to 29.7 MHz: Aeronautical fixed stations: Power 500 W or less 50 Power above 500 W 15 Single-sideband and Independent-sideband emission: Power 500 W or less 50 Hz Power above 500 W 20 Hz Class F1B emissions 10 Hz Other classes of emission: Power 500 W or less 20 Power above 500 W 10 Aeronautical stations: Power 500 W or less 7 100 100 7 Power above 500 W 7 50 50 7 Aircraft stations 7 100 100 7 Survival craft stations on 8364 kHz 200 50 Hz 3 (4) Band-29.7 to 100 MHz: Aeronautical fixed stations: Power 200 W or less 50 Power above 200 W 30 Power 50 W or less 30 Power above 50 W 20 Operational fixed stations: 73-74.6 MHz (Power 50 W or less) 50 30 73-74.6 MHz (Power above 50 W) 20 20 72-73.0 MHz and 75.4-76.0 MHz 5 5 Radionavigation stations 100 50 (5) Band-108 to 137 MHz: Aeronautical stations 4 50 12 20 Emergency locator transmitter test stations 50 50 Survival craft stations on 121.5 MHz 50 50 Emergency locator stations 50 50 Aircraft and other mobile stations in the Aviation Services 5 50 13 30 Radionavigation stations 20 20 Differential GPS 2 (6) Band-137 to 470MHz: Aeronautical stations 50 20 Survival craft stations on 243 MHz 50 50 Aircraft stations 50 5 30 10 Radionavigation stations 50 50 Emergency locator transmitters on 406 MHz N/A 5 (7) Band-470 to 2450 MHz: Aeronautical stations 100 20 Aircraft stations 100 20 Aircraft earth station 320 Hz 11 Aeronautical utility mobile stations on 1090 MHz 1000 1000 Radionavigation stations: 470-960 MHz 500 500 960-1215 MHz 20 20 1215-2450 MHz 500 500 (8) Band-2450 to 10500 MHz: Radionavigation stations 6 9 1250 1250 6 9 (9) Band-10.5 GHz to 40 GHz: Radionavigation stations 5000 5000 1 This tolerance is the maximum permitted until January 1, 1990, for transmitters installed before January 2, 1985, and used at the same installation. Tolerance is indicated in parts in 10 6 unless shown as Hertz (Hz). 2 This tolerance is the maximum permitted after January 1, 1985 for new and replacement transmitters and to all transmitters after January 1, 1990. Tolerance is indicated in parts in 10 6 unless shown as Hertz (Hz). 3 For transmitters first approved after November 30, 1977. 4 The tolerance for transmitters approved between January 1, 1966, and January 1, 1974, is 30 parts in 10 6 . The tolerance for transmitters approved after January 1, 1974, and stations using offset carrier techniques is 20 parts in 10 6 . 5 The tolerance for transmitters approved after January 1, 1974, is 30 parts in 10 6 . 6 In the 5000 to 5250 MHz band, the FAA requires a tolerance of ±10 kHz for Microwave Landing System stations which are to be a part of the National Airspace System (FAR 171). 7 For single-sideband transmitters operating in the frequency bands 1605-4000 kHz and 4-29.7 MHz which are allocated exclusively to the Aeronautical Mobile (R) Service, the tolerance is: Aeronautical stations, 10 Hz; aircraft stations, 20 Hz. 8 For single-sideband radiotelephone transmitters the tolerance is: In the bands 1605-4000 kHz and 4-29.7 MHz for peak envelope powers of 200 W or less and 500 W or less, respectively, 50 Hz; in the bands 1605-4000 kHz and 4-29.7 MHz for peak envelope powers above 200 W and 500 W, respectively, 20 Hz. 9 Where specific frequencies are not assigned to radar stations, the bandwidth occupied by the emissions of such stations must be maintained within the band allocated to the service and the indicated tolerance does not apply. 10 Until January 1, 1997, the maximum frequency tolerance for transmitters with 50 kHz channel spacing installed before January 2, 1985, is 50 parts in 10 6 . 11 For purposes of certification, a tolerance of 160 Hz applies to the reference oscillator of the AES transmitter. This is a bench test. 12 For emissions G1D and G7D, the tolerance is 2 parts per 10 6 . 13 For emissions G1D and G7D, the tolerance is 5 parts per 10 6 . ( b ) The power shown in paragraph (a) of this section is the peak envelope power for single-sideband transmitters and the mean power for all other transmitters. ( c ) For single-sideband transmitters, the tolerance is: ( 1 ) All aeronautical stations on land—10 Hz. ( 2 ) All aircraft stations—20 Hz. ( d ) For radar transmitters, except non-pulse signal radio altimeters, the frequency at which maximum emission occurs must be within the authorized frequency band and must not be closer than 1.5/T MHz to the upper and lower limits of the authorized bandwidth, where T is the pulse duration in microseconds. ( e ) The Commission may authorize tolerances other than those specified in this section upon a satisfactory showing of need. ( f ) The carrier frequency tolerance of all transmitters that operate in the 1435-1525 MHz or 2345-2395 MHz band is 0.002 percent. The carrier frequency tolerance of all transmitters that operate in the 5091-5150 MHz band is 0.005 percent. ( g ) Any aeronautical enroute service transmitter operating in U.S. controlled airspace with 8.33 kHz channel spacing (except equipment being tested by avionics equipment manufacturers and flight test stations prior to delivery to their customers for use outside U.S. controlled airspace) must achieve 0.0005% frequency stability when operating in that mode. [ 53 FR 28940 , Aug. 1, 1988, as amended at 56 FR 38084 , Aug. 12, 1991; 57 FR 45749 , Oct. 5, 1992; 58 FR 31027 , May 26, 1993; 63 FR 36607 , July 7, 1998; 64 FR 27474 , May 20, 1999; 66 FR 26799 , May 15, 2001; 69 FR 32880 , June 14, 2004; 76 FR 17350 , Mar. 29, 2011; 78 FR 61205 , Oct. 3, 2013; 80 FR 38909 , July 7, 2015] § 87.135 Bandwidth of emission. ( a ) Occupied bandwidth is the width of a frequency band such that, below the lower and above the upper frequency limits, the mean powers emitted are each equal to 0.5 percent of the total mean power of a given emission. ( b ) The authorized bandwidth is the maximum occupied bandwidth authorized to be used by a station. ( c ) The necessary bandwidth for a given class of emission is the width of the frequency band which is just sufficient to ensure the transmission of information at the rate and with the quality required under specified conditions. § 87.137 Types of emission. ( a ) The assignable emissions, corresponding emission designators and authorized bandwidths are as follows: Class of emission Emission designator Authorized bandwidth (kilohertz) Below 50 MHz Above 50 MHz Frequency deviation A1A 1 100HA1A 0.25 A1N 300HA1N 0.75 A2A 2K04A2A 2.74 50 A2D 6K0A2D 50 A2D 5 13K0A2D 50 A3E 2 6K00A3E 50 3 A3E 5K6A3E 8.33 kHz 17 A3X 4 3K20A3X 25 A9W 5 13K0A9W 25 F1B 1 1K70F1B 1.7 F1B 1 2K40F1B 2.5 F1D 18 1M30F1D 1300 kHz 312.5 kHz F2D 5M0F2D ( 9 ) F3E 6 16K0F3E 20 5 F3E 7 36K0F3E 40 15 F7D 8 5M0F7D 9 F9D 5M0F9D 9 G1D 16K0G1D 20 kHz G1D 16 21K0G1D 25 G1D 14K0G1D 25 F9D 5M0F9D 9 G1D 16K0G1D 20 kHz G3E 6 16K0G3E 20 5 G7D 14K0G7D 25 H2B 10 11 2K80H2B 3.0 H3E 11 12 2K80H3E 3.0 J2A 1 100HJ2A 0.25 J2B 1 1K70J2B 1.7 2K40J2B 2.5 J3E 11 12 2K80J3E 3.0 J7B 11 2K80J7B 3.0 J7D 5M0J7D 9 J9W 11 2K80J9W 3.0 M1A 620HM1A M1D 14M0M1D 14.0 NON NON None 15 PON 13 9 9 R3E 11 12 2K80R3E 3.0 XXA 14 1K12XXA 2.74 Notes: 1 A1A, F1B, J2A and J2B are permitted provided they do not cause harmful interference to H2B, J3E, J7B and J9W. 2 For use with an authorized bandwidth of 8.0 kilohertz at radiobeacon stations. A3E will not be authorized: (i) At existing radiobeacon stations that are not authorized to use A3 and at new radiobeacon stations unless specifically recommended by the FAA for safety purposes. (ii) At existing radiobeacon stations currently authorized to use A3, subsequent to January 1, 1990, unless specifically recommended by the FAA for safety purposes. 3 In the band 117.975-136 MHz, the authorized bandwidth is 25 kHz for transmitters approved after January 1, 1974. 4 Applicable only to Survival Craft Stations and to the emergency locator transmitters and emergency locator transmitter test stations employing modulation in accordance with that specified in § 87.141 of the Rules. The specified bandwidth and modulation requirements shall apply to emergency locator transmitters for which approval is granted after October 21, 1973. 5 This emission may be authorized for audio frequency shift keying and phase shift keying for digital data links on any frequency listed in § 87.263(a)(1) , § 87.263(a)(3) or § 87.263(a)(5) . 13K0A2D emission may be authorized on frequencies not used for voice communications. If the channel is used for voice communications, 13K0A9W emission may be authorized, provided the data is multiplexed on the voice carrier without derogating voice communications. 6 Applicable to operational fixed stations in the bands 72.0-73.0 MHz and 75.4-76.0 MHz and to CAP stations using F3 on 143.900 MHz and 148.150 MHz. 7 Applicable to operational fixed stations presently authorized in the band 73.0-74.6 MHz. 8 The authorized bandwidth is equal to the necessary bandwidth for frequency or digitally modulated transmitters used in aeronautical telemetering and associated aeronautical telemetry or telecommand stations that operate in the 1435-1525 MHz, 2345-2395 MHz, or 5091-5150 MHz band. The necessary bandwidth must be computed in accordance with part 2 of this chapter . 9 To be specified on license. 10 H2B must be used by stations employing digital selective calling. 11 For A1A, F1B and single sideband emissions, except H2B, the assigned frequency must be 1400 Hz above the carrier frequency. 12 R3E, H3E, and J3E will be authorized only below 25000 kHz. Only H2B, J3E, J7B, and J9W are authorized, except that A3E and H3E may be used only on 3023 kHz and 5680 kHz for search and rescue operations. 13 The letters “K, L, M, Q, V, W, and X” may also be used in place of the letter “P” for pulsed radars. 14 Authorized for use at radiobeacon stations. 15 Applicable only to transmitters of survival craft stations, emergency locator transmitter stations and emergency locator transmitter test stations approved after October 21, 1973. 16 Authorized for use by aircraft earth stations. Lower values of necessary and authorized bandwidth are permitted. 17 In the band 117.975-137 MHz, the Commission will not authorize any 8.33 kHz channel spaced transmissions or the use of their associated emission designator within the U.S. National Airspace System, except, on an optional basis, by Aeronautical Enroute Stations and Flight Test Stations, or by avionics equipment manufacturers which are required to perform installation and checkout of such radio systems prior to delivery to their customers. For transmitters certificated to tune to 8.33 kHz channel spacing as well as 25 kHz channel spacing, the authorized bandwidth is 8.33 kHz when tuned to an 8.33 kHz channel. 18 Authorized only for Universal Access Transceiver use at 978 MHz. ( b ) For other emissions, an applicant must determine the emission designator by using part 2 of this chapter . ( c ) A license to use radiotelephony includes the use of tone signals or signaling devices whose sole function is to establish or maintain voice communications. [ 53 FR 28940 , Aug. 1, 1988] Editorial Note Editorial Note: For Federal Register citations affecting § 87.137 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 87.139 Emission limitations. ( a ) Except for ELTs and when using single sideband (R3E, H3E, J3E), or frequency modulation (F9) or digital modulation (F9Y) for telemetry or telecommand in the 1435-1525 MHz, 2345-2395 MHz, or 5091-5150 MHz band or digital modulation (G7D) for differential GPS, the mean power of any emissions must be attenuated below the mean power of the transmitter (pY) as follows: ( 1 ) When the frequency is removed from the assigned frequency by more than 50 percent up to and including 100 percent of the authorized bandwidth the attenuation must be at least 25 dB; ( 2 ) When the frequency is removed from the assigned frequency by more than 100 percent up to and including 250 percent of the authorized bandwidth the attenuation must be at least 35 dB. ( 3 ) When the frequency is removed from the assigned frequency by more than 250 percent of the authorized bandwidth the attenuation for aircraft station transmitters must be at least 40 dB; and the attenuation for aeronautical station transmitters must be at least 43 + 10 log 10 pY dB. ( b ) For aircraft station transmitters and for aeronautical station transmitters first installed before February 1, 1983, and using H2B, H3E, J3E, J7B or J9W, the mean power of any emissions must be attenuated below the mean power of the transmitter (pY) as follows: ( 1 ) When the frequency is removed from the assigned frequency by more than 50 percent up to and including 150 percent of the authorized bandwidth of 4.0 kHz, the attenuation must be at least 25 dB. ( 2 ) When the frequency is removed from the assigned frequency by more than 150 percent up to and including 250 percent of the authorized bandwidth of 4.0 kHz, the attenuation must be at least 35 dB. ( 3 ) When the frequency is removed from the assigned frequency by more than 250 percent of the authorized bandwidth of 4.0 kHz for aircraft station transmitters the attenuation must be at least 40 dB; and for aeronautical station transmitters the attenuation must be at least 43 + 10 log 10 pY dB. ( c ) For aircraft station transmitters first installed after February 1, 1983, and for aeronautical station transmitters in use after February 1, 1983, and using H2B, H3E, J3E, J7B or J9W, the peak envelope power of any emissions must be attenuated below the peak envelope power of the transmitter (pX) as follows: ( 1 ) When the frequency is removed from the assigned frequency by more than 50 percent up to and including 150 percent of the authorized bandwidth of 3.0 kHz, the attenuation must be at least 30 dB. ( 2 ) When the frequency is removed from the assigned frequency by more than 150 percent up to and including 250 percent of the authorized bandwidth of 3.0 kHz, the attenuation must be at least 38 dB. ( 3 ) When the frequency is removed from the assigned frequency by more than 250 percent of the authorized bandwidth of 3.0 kHz for aircraft transmitters the attenuation must be at least 43 dB. For aeronautical station transmitters with transmitter power up to and including 50 watts the attenuation must be at least 43 + 10 log 10 pX dB and with transmitter power more than 50 watts the attenuation must be at least 60 dB. ( d ) Except for telemetry in the 1435-1525 MHz band, when the frequency is removed from the assigned frequency by more than 250 percent of the authorized bandwidth for aircraft stations above 30 MHz and all ground stations the attenuation must be at least 43 + 10 log 10 pY dB. ( e ) When using frequency modulation or digital modulation for telemetry or telecommand in the 1435-1525 MHz, 2345-2395 MHz, or 5091-5150 MHz band with an authorized bandwidth equal to or less than 1 MHz the emissions must be attenuated as follows: ( 1 ) On any frequency removed from the assigned frequency by more than 100 percent of the authorized bandwidth up to and including 100 percent plus 0.5 MHz, the attenuation must be at least 60 dB, when measured in a 3.0 kHz bandwidth. This signal need not be attenuated more than 25 dB below 1 milliwatt. ( 2 ) On any frequency removed from the assigned frequency by more than 100 percent of the authorized bandwidth plus 0.5 MHz, the attenuation must be at least 55 + 10 log 10 pY dB when measured in a 3.0 kHz bandwidth. ( f ) When using frequency modulation or digital modulation for telemetry or telecommand in the 1435-1525 MHz, 2345-2395 MHz, or 5091-5150 MHz band with an authorized bandwidth greater than 1 MHz, the emissions must be attenuated as follows: ( 1 ) On any frequency removed from the assigned frequency by more than 50 percent of the authorized bandwidth plus 0.5 MHz up to and including 50 percent of the authorized bandwidth plus 1.0 MHz, the attenuation must be 60 dB, when measured in a 3.0 kHz bandwidth. The signal need not be attenuated more than 25 dB below 1 milliwatt. ( 2 ) On any frequency removed from the assigned frequency by more than 50 percent of the authorized bandwidth plus 1.0 MHz, the attenuation must be at least 55 + 10 log 10 pY dB, when measured in a 3.0 kHz bandwidth. ( g ) The requirements of paragraphs (e) and (f) of this section apply to transmitters approved after January 1, 1977, and to all transmitters first installed after January 1, 1983. ( h ) For ELTs operating on 121.500 MHz, 243.000 MHz and 406.0-406.1 MHz the mean power of any emission must be attenuated below the mean power of the transmitter (pY) as follows: ( 1 ) When the frequency is moved from the assigned frequency by more than 50 percent up to and including 100 percent of the authorized bandwidth the attenuation must be at least 25 dB; ( 2 ) When the frequency is removed from the assigned frequency by more than 100 percent of the authorized bandwidth the attenuation must be at least 30 dB. ( i ) In case of conflict with other provisions of § 87.139 , the provisions of this paragraph shall govern for aircraft earth stations. When using G1D, G1E, or G1W emissions in the 1646.5-1660.5 MHz frequency band, the emissions must be attenuated as shown below. ( 1 ) At rated output power, while transmitting a modulated single carrier, the composite spurious and noise output shall be attenuated by at least: Frequency (MHz) Attenuation (dB) 1 0.01 to 1525 −135 dB/4 kHz 1525 to 1559 −203 dB/4 kHz 1559 to 1585 −155 dB/MHz 1585 to 1605 −143 dB/MHz 1605 to 1610 −117 dB/MHz 1610 to 1610.6 −95 dB/MHz 1610.6 to 1613.8 −80 dBW/MHz 3 1613.8 to 1614 −95 dB/MHz 1614 to 1626.5 −70 dB/4 kHz 1626.5 to 1660 −70 dB/4 kHz 2 3 4 1660 to 1670 −49.5 dBW/20 kHz 2 3 4 1670 to 1735 −60 dB/4 kHz 1735 to 12000 −105 dB/4 kHz 12000 to 18000 −70 dB/4 kHz 1 These values are expressed in dB referenced to the carrier for the bandwidth indicated, and relative to the maximum emission envelope level, except where the attenuation is shown in dBW, the attenuation is expressed in terms of absolute power referenced to the bandwidth indicated. 2 Attenuation measured within the transmit band excludes the band ±35 kHz of the carrier frequency. 3 This level is not applicable for intermodulation products. 4 The upper limit for the excess power for any narrow-band spurious emission (excluding intermodulation products within a 30 kHz measurement bandwidth) shall be 10 dB above the power limit in this table. ( 2 ) The transmitter emission limit is a function of the modulation type and symbol rate (SR). Symbol Rate is expressed in symbols per second. ( 3 ) While transmitting a single modulated signal at the rated output power of the transmitter, the emissions must be attenuated below the maximum emission level by at least: Frequency Offset (normalized to SR) Attenuation (dB) ±0.75 × SR 0 ±1.40 × SR 20 ±2.95 × SR 40 Where: SR = Symbol Rate, SR = 1 × channel rate for BPSK, SR = 0.5 × channel rate for QPSK. The mask shall be defined by drawing straight lines through the above points. ( j ) When using G7D for differential GPS in the 112-118 MHz band, the amount of power during transmission under all operating conditions when measured over a 25 kHz bandwidth centered on either of the second adjacent channels shall not exceed −25 dBm and shall decrease 5 dB per octave until −52 dBm. ( k ) For VHF aeronautical stations and aircraft stations operating with G1D or G7D emissions: ( 1 ) The amount of power measured across either first adjacent 25 kHz channel shall not exceed 2 dBm. ( 2 ) For stations first installed before January 1, 2002, the amount of power measured across either second adjacent channel shall be less than −25 dBm and the power measured in any other adjacent 25 kHz channels shall monotonically decrease at a rate of at least 5 dB per octave to a maximum value of −52 dBm. For stations first installed on or after January 1, 2002, ( i ) The amount of power measured across either second adjacent 25 kHz channel shall be less than −28 dBm; ( ii ) The amount of power measured across either fourth adjacent 25 kHz channel shall be less than −38 dBm; and ( iii ) From thereon the power measured in any other adjacent 25 kHz channel shall monotonically decrease at a rate of at least 5 dB per octave to a maximum value of −53 dBm. ( 3 ) The amount of power measured over a 16 kHz channel bandwidth centered on the first adjacent 25 kHz channel shall not exceed −18 dBm. ( l ) ( 1 ) For Universal Access Transceiver transmitters, the average emissions measured in a 100 kHz bandwidth must be attenuated below the maximum emission level contained within the authorized bandwidth by at least: Frequency (MHz) Attenuation (dB) ±0.5 0 ±1.0 18 ±2.25 50 ±3.25 60 ( 2 ) Universal Access Transceiver transmitters with an output power of 5 Watts or more must limit their emissions by at least 43 + 10 log (P) dB on any frequency removed from the assigned frequency by more than 250% of the authorized bandwidth. Those emissions shall be measured with a bandwidth of 100 kHz. P in the above equation is the average transmitter power measured within the occupied bandwidth in Watts. ( 3 ) Universal Access Transceiver transmitters with less than 5 Watts of output power must limit their emissions by at least 40 dB relative to the carrier peak on any frequency removed from the assigned frequency by more than 250% of the authorized bandwidth. Those emissions shall be measured with a bandwidth of 100 kHz. ( m ) In the 1435-1452 MHz band, operators of aeronautical telemetry stations are encouraged to take all reasonable steps to ensure that unwanted emissions power does not exceed −28 dBW/27 MHz in the 1400-1427 MHz band. Operators of aeronautical telemetry stations that do not meet this limit shall first attempt to operate in the 1452-1525 MHz band prior to operating in the 1435-1452 MHz band. [ 53 FR 28940 , Aug. 1, 1988] Editorial Note Editorial Note: For Federal Register citations affecting § 87.139 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 87.141 Modulation requirements. ( a ) When A3E emission is used, the modulation percentage must not exceed 100 percent. This requirement does not apply to emergency locator transmitters or survival craft transmitters. ( b ) A double sideband full carrier amplitude modulated radiotelephone transmitter with rated carrier power output exceeding 10 watts must be capable of automatically preventing modulation in excess of 100 percent. ( c ) If any licensed radiotelephone transmitter causes harmful interference to any authorized radio service because of excessive modulation, the Commission will require the use of the transmitter to be discontinued until it is rendered capable of automatically preventing modulation in excess of 100 percent. ( d ) Single sideband transmitters must be able to operate in the following modes: Carrier mode Level N(dB) of the carrier with respect to peak envelope power Full carrier (H3E) O>N>−6. Suppressed carrier (J3E) Aircraft stations N<−26; Aeronautical stations N<−40. ( e ) Each frequency modulated transmitter operating in the band 72.0-76.0 MHz must have a modulation limiter. ( f ) Each frequency modulated transmitter equipped with a modulation limiter must have a low pass filter between the modulation limiter and the modulated stage. At audio frequencies between 3 kHz and 15 kHz, the filter must have an attenuation greater than the attenuation at 1 kHz by at least 40 log 10 (f/3) db where “f” is the frequency in kilohertz. Above 15 kHz, the attenuation must be at least 28 db greater than the attenuation at 1 kHz. ( g ) Except that symmetric side bands are not required, the modulation characteristics for ELTs must be in accordance with specifications contained in the Federal Aviation Administration (FAA) Technical Standard Order (TSO) Document TSO-C91a titled “Emergency Locator Transmitter (ELT) Equipment” dated April 29, 1985. TSO-C91a is incorporated by reference in accordance with 5 U.S.C. 552(a) . TSO-C91a may be obtained from the Department of Transportation, Federal Aviation Administration, Office of Airworthiness, 800 Independence Avenue SW., Washington DC 20591. ( h ) ELTs must use A3X emission and may use A3E or NON emissions on an optional basis while transmitting. Each transmission of a synthesized or recorded voice message from an ELT must be preceded by the words “this is a recording”; transmission of A3E or NON emission must not exceed 90 seconds; and any transmission of A3E or NON emissions must be followed by at least three minutes of A3X emission. ( i ) ELTs manufactured on or after October 1, 1988, must have a clearly defined carrier frequency distinct from the modulation sidebands for the mandatory emission, A3X, and, if used, the A3E or NON emissions. On 121.500 MHz at least thirty per cent of the total power emitted during any transmission cycle with or without modulation must be contained within plus or minus 30 Hz of the carrier frequency. On 243.000 MHz at least thirty percent of the total power emitted during any transmission cycle with or without modulation must be contained within plus or minus 60 Hz of the carrier frequency. Additionally, if the type of emission is changed during transmission, the carrier frequency must not shift more than plus or minus 30 Hz on 121.500 MHz and not more than plus or minus 60Hz on 243.000 MHz. The long term stability of the carrier frequency must comply with the requirements in § 87.133 of this part . ( j ) Transmitters used at Aircraft earth stations must employ BPSK for transmission rates up to and including 2400 bits per second, and QPSK for higher rates. ( k ) Universal Access Transceiver transmitters must use F1D modulation without phase discontinuities. [ 53 FR 28940 , Aug. 1, 1988, as amended at 54 FR 11721 , Mar. 22, 1989; 56 FR 11518 , Mar. 19, 1991; 57 FR 45749 , Oct. 5, 1992; 71 FR 70676 , Dec. 6, 2006] § 87.143 Transmitter control requirements. ( a ) Each transmitter must be installed so that it is not accessible to, or capable of being operated by persons other than those authorized by the licensee. ( b ) Each station must be provided with a control point at the location of the transmitting equipment, unless otherwise specifically authorized. Except for aeronautical enroute stations governed by paragraph (e) of this section, a control point is the location at which the radio operator is stationed. It is the position at which the transmitter(s) can immediately be turned off. ( c ) Applicants for additional control points at aeronautical advisory (unicom) stations must specify the location of each proposed control point. ( d ) Except for aeronautical enroute stations governed by paragraph (f) of this section, the control point must have the following facilities installed: ( 1 ) A device that indicates when the transmitter is radiating or when the transmitter control circuits have been switched on. This requirement does not apply to aircraft stations; ( 2 ) Aurally monitoring of all transmissions originating at dispatch points; ( 3 ) A way to disconnect dispatch points from the transmitter; and ( 4 ) A way to turn off the transmitter. ( e ) A dispatch point is an operating position subordinate to the control point. Dispatch points may be installed without authorization from the Commission, and dispatch point operators are not required to be licensed. ( f ) In the aeronautical enroute service, the control point for an automatically controlled enroute station is the computer facility which controls the transmitter. Any computer controlled transmitter must be equipped to automatically shut down after 3 minutes of continuous transmission of an unmodulated carrier. § 87.145 Acceptability of transmitters for licensing. ( a ) Each transmitter must be certificated for use in these services, except as listed in paragraph (c) of this section. However, aircraft stations which transmit on maritime mobile frequencies must use transmitters certificated for use in ship stations in accordance with part 80 of this chapter . Certification under part 80 is not required for aircraft earth stations transmitting on maritime mobile-satellite frequencies. Such stations must be certificated under part 87. ( b ) Some radio equipment installed on air carrier aircraft must meet the requirements of the Commission and the requirements of the FAA. The FAA requirements may be obtained from the FAA, Aircraft Maintenance Division, 800 Independence Ave., SW., Washington, DC 20591. ( c ) The equipment listed below is exempted from certification. The operation of transmitters which have not been certificated must not result in harmful interference due to the failure of those transmitters to comply with technical standards of this subpart. ( 1 ) Flight test station transmitters for limited periods where justified. ( 2 ) U.S. Government transmitters furnished in the performance of a U.S. Government contract if the use of certificated equipment would increase the cost of the contract or if the transmitter will be incorporated in the finished product. However, such equipment must meet the technical standards contained in this subpart. ( 3 ) ELTs verified in accordance with § 87.147(e) . ( 4 ) Signal generators when used as radionavigation land test stations (MTF). ( d ) Aircraft earth stations must correct their transmit frequencies for Doppler effect relative to the satellite. The transmitted signal may not deviate more than 335 Hz from the desired transmit frequency. (This is a root sum square error which assumes zero error for the received ground earth station signal and includes the AES transmit/receive frequency reference error and the AES automatic frequency control residual errors.) The applicant must attest that the equipment provides adequate Doppler effect compensation and where applicable, that measurements have been made that demonstrate compliance. Submission of data demonstrating compliance is not required unless requested by the Commission. [ 63 FR 36607 , July 7, 1998, as amended at 69 FR 32881 , June 14, 2004] § 87.147 Authorization of equipment. ( a ) Certification may be requested by following the procedures in part 2 of this chapter . Aircraft transmitters must meet the requirements over an ambient temperature range of −20 degrees to + 50 degrees Celsius. ( b ) ELTs manufactured after October 1, 1988, must meet the output power characteristics contained in § 87.141(i) . A report of the measurements must be submitted with each application for certification. ELTs that meet the output power characteristics of the section must have a permanent label prominently displayed on the outer casing state, “Meets FCC Rule for improved satellite detection.” This label, however, must not be placed on the equipment without authorization to do so by the Commission. Application for such authorization may be made either by submission of a new application for certification accompanied by the required fee and all information and test data required by parts 2 and 87 of this chapter or, for ELTs approved prior to October 1, 1988, a letter requesting such authorization, including appropriate test data and a showing that all units produced under the original equipment authorization comply with the requirements of this paragraph without change to the original circuitry. ( c ) An applicant for a station license may request certification for an individual transmitter by following the procedure in part 2 of this chapter . Such a transmitter will be individually certified and so noted on the station license. ( d ) An applicant for certification of equipment intended for transmission in any of the frequency bands listed in paragraph (d)(3) of this section must notify the FAA of the filing of a certification application. The letter of notification must be mailed to: FAA, Office of Spectrum Policy and Management, ASR-1, 800 Independence Ave., SW., Washington, DC 20591 prior to the filing of the application with the Commission. ( 1 ) The notification must describe the equipment, give the manufacturer's identification, antenna characteristics, rated output power, emission type and characteristics, the frequency or frequencies of operation, and essential receiver characteristics if protection is required. ( 2 ) The certification application must include a copy of the notification letter to the FAA. The Commission will not act until it receives the FAA's determination regarding whether it objects to the application for equipment authorization. The FAA should mail its determination to: Office of Engineering and Technology Laboratory, Authorization and Evaluation Division, 7435 Oakland Mills Rd., Columbia, MD 21046. The Commission will consider the FAA determination before taking final action on the application. ( 3 ) The frequency bands are as follows: 90-110 kHz 190-285 kHz 325-435 kHz 74.800 MHz to 75.200 MHz 108.000 MHz to 137.000 MHz 328.600 MHz to 335.400 MHz 960.000 MHz to 1215.000 MHz 1545.000 MHz to 1626.500 MHz 1646.500 MHz to 1660.500 MHz 5000.000 MHz to 5250.000 MHz 14.000 GHz to 14.400 GHz 15.400 GHz to 15.700 GHz 24.250 GHz to 25.250 GHz 31.800 GHz to 33.400 GHz ( e ) Supplier's Declaration of Conformity for ELTs capable of operating on the frequency 406.0-406.1 MHz must include sufficient documentation to show that the ELT meets the requirements of § 87.199(a) . A letter notifying the FAA of the ELT Supplier's Declaration of Conformity must be mailed to: FAA, Office of Spectrum Policy and Management, ASR-1, 800 Independence Avenue SW., Washington, DC 20591. Note 1 to paragraph ( e ): The verification procedure has been replaced by Supplier's Declaration of Conformity. Equipment previously authorized under subpart J of part 2 of this chapter may remain in use. See § 2.950 of this chapter . ( f ) Certification may be requested for equipment that has the capability to transmit in the 138-144 MHz, 148-149.9 MHz, or 150.5-150.8 MHz bands as well as frequency bands set forth in § 87.173 . The Commission will only certify this equipment for use in the bands regulated by this part. [ 53 FR 28940 , Aug. 1, 1988, as amended at 54 FR 11721 , Mar. 22, 1989; 56 FR 11518 , Mar. 19, 1991; 57 FR 45750 , Oct. 5, 1992; 58 FR 30127 , May 26, 1993; 58 FR 67696 , Dec. 22, 1993; 63 FR 36608 , July 7, 1998; 69 FR 32881 , June 14, 2004; 82 FR 50837 , Nov. 2, 2017; 83 FR 63812 , Dec. 12, 2018] § 87.149 Special requirements for automatic link establishment (ALE). Brief signalling for the purposes of measuring the quality of a radio channel and thereafter establishing communication shall be permitted within the 2 MHz-30 MHz band. Public coast stations licensed under part 80 of this chapter providing high seas service are authorized by rule to use such signalling under the following conditions: ( a ) The transmitter power shall not exceed 100 W ERP; ( b ) Transmissions must sweep linearly in frequency at a rate of at least 60 kHz per second, occupying any 3 kHz bandwidth for less than 50 milliseconds; ( c ) The transmitter shall scan the band no more than four times per hour; ( d ) Transmissions within 6 kHz of the following protected frequencies and frequency bands must not exceed 10 µW peak ERP: ( 1 ) Protected frequencies (kHz) 2091.0 4188.0 6312.0 12290.0 16420.0 2174.5 4207.5 8257.0 12392.0 16522.0 2182.0 5000.0 8291.0 12520.0 16695.0 2187.5 5167.5 8357.5 12563.0 16750.0 2500.0 5680.0 8364.0 12577.0 16804.5 3023.0 6215.0 8375.0 15000.0 20000.0 4000.0 6268.0 8414.5 16000.0 25000.0 4177.5 6282.0 10000.0 ( 2 ) Protected bands (kHz) 4125.0-4128.0 8376.25-8386.75 13360.0-13410.0 25500.0-25670.0 ( e ) The instantaneous signal, which refers to the peak power that would be measured with the frequency sweep stopped, along with spurious emissions generated from the sweeping signal, must be attenuated below the peak carrier power (in watts) as follows: ( 1 ) On any frequency more than 5 Hz from the instantaneous carrier frequency, at least 3 dB; ( 2 ) On any frequency more than 250 Hz from the instantaneous carrier frequency, at least 40 dB; and ( 3 ) On any frequency more than 7.5 kHz from the instantaneous carrier frequency, at least 43 + 10log 10 (peak power in watts) db. [ 62 FR 40308 , July 28, 1997] § 87.151 Special requirements for differential GPS receivers. ( a ) The receiver shall achieve a message failure rate less than or equal to one failed message per 1000 full-length (222 bytes) application data messages, while operating over a range from −87 dBm to −1 dBm, provided that the variation in the average received signal power between successive bursts in a given time slot shall not exceed 40 dB. Failed messages include those lost by the VHF data receiver system or which do not pass the cyclic redundancy check (CRC) after application of the forward error correction (FEC). ( b ) The aircraft receiving antenna can be horizontally or vertically polarized. Due to the difference in the signal strength of horizontally and vertically polarized components of the broadcast signal, the total aircraft implementation loss is limited to 15 dB for horizontally polarized receiving antennas and 11 dB for vertically polarized receiving antennas. ( c ) Desensitization. The receiver shall meet the requirements specified in paragraph (a) of this section in the presence of VHF-FM broadcast signals in accord with following tables. ( 1 ) Maximum levels of undesired signals. Frequency 1 Maximum level of undesired signal at the receiver input (dBm) 50 kHz up to 88 MHz −13 88 MHz-107.900 MHz [see paragraph (c)(2)] 108.000 MHz-117.975 MHz excluded 118MHz −44 118.025 MHz −41 118.050 MHz up to 1660.5 MHz −13 1 The relationship is linear between single adjacent points designated by the above frequencies. ( 2 ) Desensitization frequency and power requirements for the frequencies 108.025 MHz to 111.975 MHz. Frequency 1 Maximum level of undesired signal at the receiver input (dBm) 88 MHz ≤f ≤102 MHz 15 104 MHz 10 106 MHz 5 107.9 MHz −10 1 The relationship is linear between single adjacent points designated by the above frequencies. ( 3 ) Desensitization frequency and power requirements for the frequencies 112.00 MHz to 117.975 MHz. Frequency 1 Maximum level of undesired signal at the receiver input (dBm) 88 MHz ≤f ≤104 MHz 15 106 MHz 10 107 MHz 5 107.9 MHz 0 1 The relationship is linear between single adjacent points designated by the above frequencies. ( d ) Intermodulation immunity. The receiver shall meet the requirements specified in paragraph (a) of this section in the presence of interference from two-signal, third order intermodulation products of two VHF-FM broadcast signals having levels in accordance with the following: ( 1 ) 2N 1 + N 2 + 72 ≤0 for VHF-FM sound broadcasting signals in the range 107.7-108 MHz; and ( 2 ) 2N 1 + N 2 + 3 (24 −20log delta f /0.4) ≤0 for VHF-FM sound broadcasting signals below 107.7 MHz, where the frequencies of the two VHF-FM sound broadcasting signals produce, within the receiver, a two signal, third-order intermodulation product on the desired VDB frequency. ( 3 ) In the formulas in paragraphs (d)(1) and (d)(2) of this section, N 1 and N 2 are the levels (dBm) of the two VHF FM sound broadcasting signals at the VHF data broadcast (VDB) receiver input. Neither level shall exceed the desensitization criteria set forth in paragraph (c) of this section. Delta f = 108.1 − f 1 , where f 1 is the frequency of N 1 , the VHF FM sound broadcasting signal closer to 108.1 MHz. [ 69 FR 32881 , June 14, 2004] Subpart E—Frequencies § 87.169 Scope. This subpart contains class of station symbols and a frequency table which lists assignable frequencies. Frequencies in the Aviation Services will transmit communications for the safe, expeditious, and economic operation of aircraft and the protection of life and property in the air. Each class of land station may communicate in accordance with the particular sections of this part which govern these classes. Land stations in the Aviation Services in Alaska may transmit messages concerning sickness, death, weather, ice conditions or other matters relating to safety of life and property if there is no other established means of communications between the points in question and no charge is made for the communications service. [ 69 FR 32882 , June 14, 2004] § 87.171 Class of station symbols. The two or three letter symbols for the classes of station in the aviation services are: Symbol and class of station AX—Aeronautical fixed AVW—Audio visual warning systems AXO—Aeronautical operational fixed DGP—Differential GPS DLT—Aircraft data link land test FA—Aeronautical land (unspecified) FAC—Airport control tower FAE—Aeronautical enroute FAM—Aeronautical multicom FAR—Aeronautical search and rescue FAS—Aviation support FAT—Flight test FAU—Aeronautical advisory (unicom) FAW—Automatic weather observation GCO—Ground Communication Outlet MA—Aircraft (Air carrier and Private) MA1—Air carrier aircraft only MA2—Private aircraft only MOU—Aeronautical utility mobile MRT—ELT test RCO—Remote Communications Outlet RL—Radionavigation land (unspecified) RLA—Marker beacon RLB—Radiobeacon RLD—RADAR/TEST RLG—Glide path RLL—Localizer RLO—VHF omni-range RLS—Surveillance radar RLT—Radionavigation land test RLW—Microwave landing system RNV—Radio Navigation Land/DME RPC—Ramp Control TJ—Aircraft earth station in the Aeronautical Mobile-Satellite Service UAT—Universal Access Transceiver [ 53 FR 28940 , Aug. 1, 1988, as amended at 57 FR 45750 , Oct. 5, 1992; 64 FR 27475 , May 20, 1999; 69 FR 32882 , June 14, 2004; 71 FR 70676 , Dec. 6, 2006; 76 FR 17351 , Mar. 29, 2011; 78 FR 61206 , Oct. 3, 2013] § 87.173 Frequencies. ( a ) The table in paragraph (b) of this section lists assignable carrier frequencies or frequency bands. ( 1 ) The single letter symbol appearing in the “Subpart” column indicates the subpart of this part which contains additional applicable regulations. ( 2 ) The two or three letter symbol appearing in the “Class of Station” column indicates the class of station to which the frequency is assignable. ( b ) Frequency table: Frequency or frequency band Subpart Class of station Remarks 90-110 kHz Q RL LORAN “C”. 190-285 kHz Q RLB Radiobeacons. 200-285 kHz O FAC Air traffic control. 325-405 kHz O FAC Air traffic control. 325-435 kHz Q RLB Radiobeacons. 410.0 kHz F MA International direction-finding for use outside of United States. 457.0 kHz F MA Working frequency for aircraft on over-water flights. 500.0 kHz F MA International calling and distress frequency for ships and aircraft on over-water flights. 510-535 kHz Q RLB Radiobeacons. 2182.0 kHz F MA International distress and calling. 2648.0 kHz I AX Alaska station. 2850.0-3025.0 kHz I MA, FAE International HF. 2851.0 kHz I, J MA, FAE, FAT International HF; Flight Test. 2866.0 kHz I MA, FAE Domestic HF; (Alaska). 2875.0 kHz I MA, FAE Domestic HF. 2878.0 kHz I MA1, FAE Domestic HF; International HF. 2911.0 kHz I MA, FAE Domestic HF. 2956.0 kHz I MA, FAE Domestic HF. 3004.0 kHz I, J MA, FAE, FAT International HF; Flight Test. 3019.0 kHz I MA1, FAE Domestic HF; International HF. 3023.0 kHz F, M, O MA1, FAR, FAC Search and rescue communications. 3281.0 kHz K MA, FAS Lighter-than-air craft and aeronautical stations serving lighter-than-air craft. 3400.0-3500.0 kHz I MA, FAE International HF. 3434.0 kHz I MA1, FAE Domestic HF. 3443.0 kHz J MA, FAT Flight Test. 3449.0 kHz I MA, FAE Domestic HF. 3470.0 kHz I MA, FAE Domestic HF; International HF. 4125.0 kHz F MA Distress and safety with ships and coast stations. 4550.0 kHz I AX Gulf of Mexico. 4645.0 kHz I AX Alaska. 4650.0-4700.0 kHz I MA, FAE International HF. 4672.0 kHz I MA1, FAE Domestic HF. 4947.5 kHz I AX Alaska. 5036.0 kHz I AX Gulf of Mexico. 5122.5 kHz I AX Alaska. 5167.5 kHz I FA Alaska emergency. 5310.0 kHz I AX Alaska. 5450.0-5680.0 kHz I MA, FAE International HF. 5451.0 kHz J MA, FAT Flight Test. 5463.0 kHz I MA1, FAE Domestic HF. 5469.0 kHz J MA, FAT Flight Test. 5472.0 kHz I MA, FAE Domestic HF. 5484.0 kHz I MA, FAE Domestic HF. 5490.0 kHz I MA, FAE Domestic HF. 5496.0 kHz I MA, FAE Domestic HF. 5508.0 kHz I MA1, FAE Domestic HF. 5571.0 kHz J MA, FAT Flight Test. 5631.0 kHz I MA, FAE Domestic HF. 5680.0 kHz F, M, O MA1, FAC, FAR Search and rescue communications. 5887.5 kHz I AX Alaska. 6525.0-6685.0 kHz I MA, FAE International HF. 6550.0 kHz J MA, FAT Flight Test. 6580.0 kHz I MA, FAE Domestic HF. 6604.0 kHz I MA, FAE Domestic HF. 8015.0 kHz I AX Alaska. 8364.0 kHz F MA Search and rescue communications. 8815.0-8965.0 kHz I MA, FAE International HF. 8822.0 kHz J MA, FAT Flight Test. 8855.0 kHz I MA, FAE Domestic HF; international HF. 8876.0 kHz I MA, FAE Domestic HF. 10005.0-10100.0 kHz I MA, FAE International HF. 10045.0 kHz J MA, FAT Flight Test. 10066.0 kHz I MA, FAE Domestic HF; international HF. 11275.0-11400.0 kHz I MA, FAE International HF. 11288.0 kHz J MA, FAT Flight Test. 11306.0 kHz J MA, FAT Flight Test. 11357.0 kHz I MA, FAE Domestic HF. 11363.0 kHz I MA, FAE Domestic HF. 13260.0-13360.0 kHz I MA, FAE International HF. 13312.0 kHz I, J MA, FAE, FAT International HF; Flight Test. 17900.0-17970.0 kHz I MA, FAE International HF. 17964.0 kHz J MA, FAT Flight Test. 21924.0-22000.0 kHz I MA, FAE International HF. 21931.0 kHz J MA, FAT Flight Test. 72.02-72.98 MHz P FA, AXO Operational fixed. 75.000 MHz Q RLA Marker beacon. 75.42-75.98 MHz P FA, AXO Operational fixed. 108.000 MHz Q RLT 108.000-117.950 MHz Q RLO VHF omni-range. 108.000-117.975 MHz Q DGP Differential GPS. 108.050 MHz Q RLT 108.100-111.950 MHz Q RLL ILS Localizer. 108.100 MHz Q RLT 108.150 MHz Q RLT 118.000-121.400 MHz O, S MA, FAC, FAW, GCO RCO, RPC 25 kHz channel spacing 121.500 MHz G, H, I, J, K, M, O MA, FAU, FAE, FAT, FAS, FAC, FAM Emergency and distress. 121.600-121.925 MHz O, L, Q MA, FAC, MOU, RLT, GCO, RCO, RPC 25 kHz channel spacing. 121.950 MHz K FAS 121.975 MHz F, S MA2, FAW, FAC, MOU Air traffic control operations. 122.000 MHz F MA, FAC, MOU Air carrier and private aircraft enroute flight advisory service provided by FAA. 122.025 MHz F, S MA2, FAW, FAC, MOU Air traffic control operations. 122.050 MHz F MA, FAC, MOU Air traffic control operations. 122.075 MHz F, S MA2, FAW, FAC, MOU Air traffic control operations. 122.100 MHz F, O MA, FAC, MOU Air traffic control operations. 122.125-122.675 MHz F MA2, FAC, MOU Air traffic control operations; 25 kHz spacing. 122.700 MHz G, L, Q MA, FAU, MOU, AVW Unicom at airports with no control tower; Aeronautical utility stations. 122.725 MHz G, L, Q MA, FAU, MOU, AVW Unicom at airports with no control tower; Aeronautical utility stations. 122.750 MHz F, Q MA2, AVW Private fixed wing aircraft air-to-air communications. 122.775 MHz K MA, FAS 122.800 MHz G, L, Q MA, FAU, MOU, AVW Unicom at airports with no control tower; Aeronautical utility stations. 122.825 MHz I MA, FAE Domestic VHF. 122.850 MHz H, K, Q MA, FAM, FAS, AVW. 122.875 MHz I MA, FAE Domestic VHF. 122.900 MHz F, H, L, M, Q MA, FAR, FAM, MOU, AVW 122.925 MHz H MA2, FAM 122.950 MHz G, L, Q MA, FAU, MOU, AVW Unicom at airports with control tower; Aeronautical utility stations. 122.975 MHz G, L, Q MA, FAU, MOU, AVW Unicom at airports with no control tower; Aeronautical utility stations. 123.000 MHz G, L, Q MA, FAU, MOU, AVW Unicom at airports with no control tower; Aeronautical utility stations. 123.025 MHz F, Q MA2, AVW Helicopter air-to-air communications; Air traffic control operations. 123.050 MHz G, L, Q MA, FAU, MOU, AVW Unicom at airports with no control tower; Aeronautical utility stations. 123.075 MHz G, L, Q MA, FAU, MOU, AVW Unicom at airports with no control tower; Aeronautical utility stations. 123.100 MHz M, O MA, FAC, FAR 123.125 MHz J MA, FAT Itinerant. 123.150 MHz J MA, FAT Itinerant. 123.175 MHz J MA, FAT Itinerant. 123.200 MHz J MA, FAT 123.225 MHz J MA, FAT 123.250 MHz J MA, FAT 123.275 MHz J MA, FAT 123.300 MHz K, Q MA, FAS, AVW. 123.325 MHz J MA, FAT 123.350 MHz J MA, FAT 123.375 MHz J MA, FAT 123.400 MHz J MA, FAT Itinerant. 123.425 MHz J MA, FAT 123.450 MHz J MA, FAT 123.475 MHz J MA, FAT 123.500 MHz K, Q MA, FAS, AVW. 123.525 MHz J MA, FAT 123.550 MHz J MA, FAT 123.575 MHz J MA, FAT 123.6-128.8 MHz O, S MA, FAC, FAW, GCO, RCO, RPC 25 kHz channel spacing. 128.825-132.000 MHz I MA, FAE Domestic VHF. 131.450 MHz I DLT. 131.550 MHz I DLT. 131.725 MHz I DLT. 131.825 MHz I DLT. 132.025-135.975 MHz O, S MA, FAC, FAW, GCO RCO RPC 25 kHz channel spacing. 136.000-136.400 MHz O, S MA, FAC, FAW, GCO, RCO, RPC Air traffic control operations; 25 kHz channel spacing. 136.425 MHz O, S MA, FAC, FAW, GCO, RCO, RPC Air traffic control operations. 136.450 MHz O, S MA, FAC, FAW, GCO, RCO, RPC Air traffic control operations. 136.475 MHz O, S MA, FAC, FAW, GCO, RCO, RPC Air traffic control operations. 136.500-136.875 MHz I MA, FAE Domestic VHF; 25 kHz channel spacing. 136.850 MHz I DLT. 136.900 MHz I MA, FAE, DLT International and Domestic VHF. 136.925 MHz I MA, FAE, DLT International and Domestic VHF. 136.950 MHz I MA, FAE, DLT International and Domestic VHF. 136.975 MHz I MA, FAE, DLT International and Domestic VHF. 156.300 MHz F MA For communications with ship stations under specific conditions. 156.375 MHz F MA For communications with ship stations under specific conditions; Not authorized in New Orleans Vessel traffic service area. 156.400 MHz F MA For communications with ship stations under specific conditions. 156.425 MHz F MA For communications with ship stations under specific conditions. 156.450 MHz F MA For communications with ship stations under specific conditions. 156.625 MHz F MA For communications with ship stations under specific conditions. 156.800 MHz F MA Distress, safety and calling frequency; For communications with ship stations under specific conditions. 156.900 MHz F MA For communications with ship stations under specific conditions. 157.425 MHz F MA For communications with commercial fishing vessels under specific conditions except in Great Lakes and St. Lawrence Seaway Areas. 243.000 MHz F MA Emergency and distress frequency for use of survival craft and emergency locator transmitters. 328.600-335.400 MHz Q RLG ILS glide path. 334.550 MHz Q RLT 334.700 MHz Q RLT 406.0-406.1 MHz F, G, H, I, J, K, M, O MA, FAU, FAE, FAT, FAS, FAC, FAM Emergency and distress. 960-1215 MHz F, Q MA, RL, RNV Electronic aids to air navigation. 978.000 MHz F, L, Q MA, MOU, UAT Universal Access Transceivers. UAT Q RLT 979.000 MHz Q RLT 1030.000 MHz Q RLT. 1090.000 MHz L MOU, RLT Vehicle Squitter. 1104.000 MHz Q RLT 1300-1350 MHz F, Q MA, RLS Surveillance radars and transponders. 1435-1525 MHz F, J MA, FAT Aeronautical telemetry and telecommand operations. 1559-1610 MHz Q DGP Differential GPS. 1559-1626.5 MHz F, Q MA, RL Aeronautical radionavigation. 1646.5-1660.5 MHz F TJ Aeronautical Mobile-Satellite (R). 2345-2395 MHz J MA, FAT Aeronautical telemetry and telecommand operations. 2700-2900 MHz Q RLS, RLD Airport surveillance and weather radar. 4200-4400 MHz F MA Radio altimeters. 5030-5150 MHz Q MA, RLW Microwave landing systems. 5031.000 MHz Q RLT 5091-5150 MHz J MA, FAT Aeronautical telemetry. 5350-5470 MHz F MA Airborne radars and associated airborne beacons. 8750-8850 MHz F MA Airborne doppler radar. 9000-9200 MHz Q RLS, RLD Land-based radar. 9300-9500 MHz F, Q MA Airborne radars and associated airborne beacons. 13250-13400 MHz F MA Airborne doppler radar. 15400-15700 MHz Q RL Aeronautical radionavigation. 24450-24650 MHz F, Q MA, RL Aeronautical radionavigation. 32300-33400 MHz F, Q MA, RL Aeronautical radionavigation. [ 53 FR 28940 , Aug. 1, 1988] Editorial Note Editorial Note: For Federal Register citations affecting § 87.183 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . Subpart F—Aircraft Stations § 87.185 Scope of service. ( a ) Aircraft stations must limit their communications to the necessities of safe, efficient, and economic operation of aircraft and the protection of life and property in the air, except as otherwise specifically provided in this part. Contact with an aeronautical land station must only be attempted when the aircraft is within the serivce area of the land station. however, aircraft stations may transmit advisory information on air traffic control, unicom or aeronautical multicom frequencies for the benefit and use of other stations monitoring these frequencies in accordance with FAA recommended traffic advisory practices. ( b ) Aircraft public correspondence service must be made available to all persons without discrimination and on reasonable demand, and must communicate without discrimination with any public coast station or mobile-satellite earth station authorized to provide aircraft public correspondence service. ( c ) Aircraft public correspondence service on maritime mobile frequencies may only be carried by aircraft stations licensed to use maritime mobile frequencies and must follow the rules for public correspondence in part 80. ( d ) Aircraft public correspondence service on Aeronautical Mobile-Satellite (R) Service frequencies may only be carried on aircraft earth stations licensed to use Aeronautical Mobile-Satellite (R) frequencies and are subject to the rules for public correspondence in this part. Aircraft public correspondence service on Maritime Mobile-Satellite Service frequencies may only be carried by aircraft earth stations licensed to use Maritime Mobile-Satellite frequencies and are subject to the rules for public correspondence in part 80. [ 53 FR 28940 , Aug. 1, 1988, as amended at 57 FR 45750 , Oct. 5, 1992] § 87.187 Frequencies. ( a ) Frequencies used for air-ground Communications are listed in subpart E. Aircraft stations may use frequencies assigned to Government or non-Government aeronautical stations or radionavigation land stations if the communications are within the aeronautical or radionavigation land station scope of service. ( b ) 410 kHz is the international direction-finding frequency for use outside the continental United States. ( c ) 457 kHz is an authorized working frequency for flights over the high seas. ( d ) 500 kHz an international calling and distress frequency for aircraft on flights over the high seas. Except for distress, urgency or safety messages an aircraft station must not transmit on 500 kHz during the silence periods for three minutes twice each hour beginning at x h. 15 and x h.45 Coordinated Universal Time (u.t.c.). ( e ) The frequency 2182 khz is an international distress and calling frequency for use by ship, aircraft and survival craft stations. Aircraft stations must use J3E emission when operating on 2182 kHz and communicating with domestic public and private coast stations. The emission H3E may be used when communicating with foreign coast and ship stations. ( f ) The frequencies 3023 kHz, 5680 kHz, 122.900 MHz and 123.100 MHz are authorized for use by aircraft engaged in seach and rescue activities in accordance with subpart M. These frequencies may be used for air-air and air-ground communications. ( g ) The frequency 4125 kHz may be used for distress and safety communications between aircraft and ship and coast maritime mobile stations. ( h ) The frequency 8364.0 kHz is authorized for use of survival craft for search and rescue communications with stations in the maritime mobile service. ( i ) The frequencies in the band 121.975-122.675 MHz are authorized for use by private aircraft of air traffic control operations. ( 1 ) The frequencies 122.00 and 122.050 MHz are authorized for use by air carrier and private aircraft stations for enroute flight advisory service (EFAS) provided by the FAA; ( 2 ) The frequency 122.100 MHz is authorized for use by air carrier aircraft stations for air traffic control operations at locations in Alaska where other frequencies are not available for air traffic control. ( j ) The frequency 122.750 MHz is authoried for use by private fixed wing aircraft for air-air communications. The frequency 123.025 MHz is authorized for use by helicopters for air-air Communications. ( k ) The frequencies 121.500 MHz and 243.000 MHz are emergency and distress frequences available for use by survival craft stations, emergency locator transmitters and equipment used for survival pruposes. Use of 121.500 MHz and 243.00 MHz shall be limited to transmission of signals and communications for survival purposes. Type A2A, A3E or A3N emission may be employed, except in the case of emergency locator transmitters where A3E, A3X and NON are permitted. ( l ) The frequencies 156.300, 156.375, 156,400, 156,425, 156.450, 156.625, 156.800 156.900 and 157.425 MHz may be used by aircraft stations to communicate with ship stations in accordance with part 80 and the following conditions: ( 1 ) The altitude of aircraft stations must not exceed 300 meters (1,000 feet), except for reconnaissance aircraft participating in icebreaking operations where an altitude of 450 meters (1,500 feet) is allowed; ( 2 ) Aircraft station transmitter power must not exceed five watts; ( 3 ) The frequency 156.300 MHz may be used for safety purposes only. The frequency 156.800 MHz may be used for distress, safety and calling purposes only. ( 4 ) Except in the Great Lakes and along the St. Lawrence Seaway the frequency 157.425 MHz is available for communications with commerical fishing vessels. ( 5 ) The frequency 156.375 MHz cannot be used in the New Orleans, LA, VTS protection area. No harmful interference shall be caused to the VTS. ( m ) The frequency 406.0-406.1 MHz is an emergency and distress frequency available for use by emergency locator transmitters. Use of this frequency must be limited to transmission of distress and safety communications. ( n ) The frequency band 960-1215 MHz is for the use of airborne electronic aids to air navigation and directly associated land stations. ( o ) The frequency band 1300-1350 MHz is for surveillance radar stations and associated airborne transponders. ( p ) The 1435-1525 MHz and 2360-2395 MHz bands are available on a primary basis, and the 2345-2360 MHz band is available on a secondary basis (the latter band only until January 1, 2020), for telemetry and telecommand associated with the flight testing of aircraft, missiles, or related major components. This includes launching into space, reentry into the Earth's atmosphere and incidental orbiting prior to reentry. In the 1435-1525 MHz band, the following frequencies are shared on a co-equal basis with flight telemetering mobile stations: 1444.5, 1453.5, 1501.5, 1515.5, and 1524.5 MHz. In the 2360-2395 MHz band, the following frequencies may be assigned for telemetry and associated telecommand operations of expendable and re-usable launch vehicles, whether or not such operations involve flight testing: 2364.5, 2370.5 and 2382.5 MHz. See § 87.303(d) . Note to paragraph ( p ): Aeronautical telemetry operations must protect Miscellaneous Wireless Communications Services operating in the 2345-2360 MHz band. ( q ) The frequencies in the band 1545.000-1559.000 MHz and 1646.500-1660.500 MHz are authorized for use by the Aeronautical Mobile-Satellite (R) Service. The use of the bands 1544.000-1545.000 MHz (space-to-Earth) and 1645.500-1646.500 MHz (Earth-to-space) by the Mobile-Satellite Service is limited to distress and safety operations. In the frequency bands 1549.500-1558.500 MHz and 1651.000-1660.000 MHz, the Aeronautical Mobile-Satellite (R) requirements that cannot be accommodated in the 1545.000-1549.500 MHz, 1558.500-1559.000 MHz, 1646.500-1651.000 MHz, and 1660.000-1660.500 MHz bands shall have priority access with real-time preemptive capability for communications in the Mobile-Satellite Service. Systems not interoperable with the Aeronautical Mobile-Satellite (R) Service shall operate on a secondary basis. Account shall be taken of the priority of safety-related communications in the Mobile-Satellite Service. ( r ) The frequency band 1559-1626.5 MHz is available for airborne electronic aids to air navigation and any associated land station. ( s ) The frequency band 4200-4400 MHz is reserved exclusively for radio altimeters. ( t ) The frequency band 5350-5470 MHz in the aeronautical radionavigation service is limited to airborne radars and associated airborne beacons. ( u ) The frequency band 8750-8850 MHz is available for use by airborne doppler radars in the aeronautical radionavigation service only on the condition that they must accept any interference which may be experienced from stations in the radiolocation service in the band 8500-10,000 MHz. ( v ) The frequency band 9300-9500 MHz is limited to airborne radars and associated airborne beacons. ( w ) The frequency band 13250-13400 MHz available for airborne doppler radar use. ( x ) The frequency bands 24450-24650 MHz and 32300-33400 MHz are available for airborne radionavigation devices. ( y ) Brief keyed RF signals (keying the transmitter by momentarily depressing the microphone “push-to-talk” button) may be transmitted from aircraft for the control of automated unicoms on the unicom frequencies listed in paragraph (y)(3) of this section, or for the control of airport lights on the following frequencies: ( 1 ) Any air traffic control frequency listed in § 87.421 . ( 2 ) FAA Flight Service Station frequencies 121.975-122.675 MHz. ( 3 ) The unicom frequencies 122.700, 122.725, 122.800, 122.950, 122.975, 123.000, 123.050 and 123.075 MHz. ( 4 ) Aviation support station frequencies listed in § 87.323(b) : 121.950, 123.300 and 123.500 MHz if the frequency is assigned to a station at the airport and no harmful interference is caused to voice communications. If no such station is located at the concerned airport, aircraft may use one of the aviation support station frequencies for the control of airport lights. ( 5 ) The frequency 122.9 MHz when it is used as the common traffic advisory frequency at the concerned airport. ( z ) Frequencies for public correspondence between ships and public coast stations in the maritime mobile service (except frequencies in the 156-174 MHz band) and coast earth stations in the maritime mobile-satellite service are available for public correspondence between aircraft and public coast stations and coast earth stations, respectively. The transmission of public correspondence from aircraft must not cause interference to maritime communications. ( aa ) Frequencies in the 454.675-459.975 MHz band are available in the Public Mobile Radio Service (part 22) for use on board aircraft for communications with land mobile stations which are interconnected to the nationwide public telephone system. ( bb ) The frequencies 121.950 MHz, 122.850 MHz and 127.050 [ 1 ] MHz are authorized for air-to-air use for aircraft up to and including 3 km (10,000 ft) mean sea level in the vicinity of Grand Canyon National Park in Arizona within the area bounded by the following coordinates (all coordinates are referenced to North American Datum 1983 (NAD83)): 36-27-59.9 N. Lat; 112-47-2.7 W. Long. 36-27-59.9 N. Lat; 112-48-2.7 W. Long. 35-50-00.0 N. Lat; 112-48-2.7 W. Long. 35-43-00.0 N. Lat; 112-47-2.7 W. Long. ( cc ) The frequency 120.650 MHz 1 is authorized for air-to-air use for aircraft up to and including 3 km (10,000 ft) mean sea level within the area bounded by the following coordinates (all coordinates are referenced to North American Datum 1983 (NAD83)): 35-59-44.9 N. Lat; 114-51-48.0 W. Long. 36-09-29.9 N. Lat; 114-50-3.0 W. Long. 36-09-29.9 N. Lat; 114-02-57.9 W. Long. 35-54-45.0 N. Lat; 113-48-47.8 W. Long. ( dd ) The frequencies 136.425, 136.450, and 136.475 MHz are designated for flight information services—broadcast (FIS-B) and may not be used by aircraft for transmission. ( ee ) The frequency 121.95 MHz is authorized for air-to-ground and air-to-air communications for aircraft up to 13000 feet above mean sea level (AMSL) within the area bounded by the following coordinates (all coordinates are referenced to North American Datum 1983 (NAD83)): 32-35-00 N. Lat.; 117-12-00 W. Long. 32-42-00 N. Lat.; 116-56-00 W. Long. 32-41-00 N. Lat.; 116-41-00 W. Long. 32-35-00 N. Lat.; 116-38-00 W. Long. 32-31-00 N. Lat.; 117-11-00 W. Long. ( ff ) The frequency 978 MHz is authorized for Universal Access Transceiver data transmission. ( gg ) ( 1 ) The frequency 120.650 MHz is authorized for air-to-air communications for aircraft over and within five nautical miles of the shoreline of the Hawaiian Island of Maui. ( 2 ) The frequency 121.950 MHz is authorized for air-to-air use for aircraft over and within five nautical miles of the shoreline of the Hawaiian Island of Molokai. ( 3 ) The frequency 122.850 MHz is authorized for air-to-air use for aircraft over and within five nautical miles of the shoreline of the Hawaiian Island of Oahu. ( 4 ) The frequency 122.850 MHz is authorized for aircraft over and within five nautical miles of the shoreline of the Hawaiian Island of Hawaii when aircraft are south and east of the 215 degree radial of very high frequency omni-directional radio range of Hilo International Airport. ( 5 ) The frequency 127.050 MHz is authorized for air-to-air use for aircraft over and within five nautical miles of the shoreline of the Hawaiian Island of Hawaii when aircraft are north and west of the 215 degree radial of very high frequency omni-directional radio range of Hilo International Airport. ( 6 ) The frequency 127.050 MHz is authorized for air-to-air use for aircraft over and within five nautical miles of the Hawaiian Island of Kauai. ( hh ) ( 1 ) The frequency 121.95 MHz is authorized for air-to-air communications for aircraft within the area bounded by the following coordinates (all coordinates are referenced to North American Datum 1983 (NAD83)): 33-46-00 N. Lat.; 118-27-00 W. Long. 33-47-00 N. Lat.; 118-12-00 W. Long. 33-40-00 N. Lat.; 118-00-00 W. Long. 33-35-00 N. Lat.; 118-08-00 W. Long. 34-00-00 N. Lat.; 118-26-00 W. Long. ( 2 ) The frequency 122.775 MHz is authorized for air-to-air communications for aircraft within the area bounded by the following coordinates (all coordinates are referenced to North American Datum 1983 (NAD83)): 34-22-00 N. Lat.; 118-30-00 W. Long. 34-35-00 N. Lat.; 118-15-00 W. Long. 34-27-00 N. Lat.; 118-15-00 W. Long. 34-16-00 N. Lat.; 118-35-00 W. Long. 34-06-00 N. Lat.; 118-35-00 W. Long. 34-05-00 N. Lat.; 118-50-00 W. Long. ( 3 ) The frequency 123.30 MHz is authorized for air-to-air communications for aircraft within the area bounded by the following coordinates (all coordinates are referenced to North American Datum 1983 (NAD83)): 34-08-00 N. Lat.; 118-00-00 W. Long. 34-10-00 N. Lat.; 117-08-00 W. Long. 34-00-00 N. Lat.; 117-08-00 W. Long. 33-53-00 N. Lat.; 117-42-00 W. Long. 33-58-00 N. Lat.; 118-00-00 W. Long. ( 4 ) The frequency 123.50 MHz is authorized for air-to-air communications for aircraft within the area bounded by the following coordinates (all coordinates are referenced to North American Datum 1983 (NAD83)): 33-53-00 N. Lat.; 117-37-00 W. Long. 34-00-00 N. Lat.; 117-15-00 W. Long. 34-00-00 N. Lat.; 117-07-00 W. Long. 33-28-00 N. Lat.; 116-55-00 W. Long. 33-27-00 N. Lat.; 117-12-00 W. Long. ( 5 ) The frequency 123.50 MHz is authorized for air-to-air communications for aircraft within the area bounded by the following coordinates (all coordinates are referenced to North American Datum 1983 (NAD83)): 33-50-00 N. Lat.; 117-48-00 W. Long. 33-51-00 N. Lat.; 117-41-00 W. Long. 33-38-00 N. Lat.; 117-30-00 W. Long. 33-30-00 N. Lat.; 117-30-00 W. Long. 33-30-00 N. Lat.; 117-49-00 W. Long. [ 53 FR 28940 , Aug. 1, 1988] Editorial Note Editorial Note: For Federal Register citations affecting § 87.187 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . Footnotes - 87.187 [ 1 ] Until further notice this frequency is available for air-to-air use as described in the Grand Canyon vicinity. Availability is a result of the FAA's assignment of this frequency. If the FAA reassigns this frequency the Commission may require air-to-air use to cease. § 87.189 Requirements for public correspondence equipment and operations. ( a ) Transmitters used for public correspondence by aircraft stations in the maritime mobile frequency bands must be authorized by the Commission in conformity with part 80 of this chapter . ( b ) Transmitters used for public correspondence by aircraft stations in the Aeronautical Mobile-Satellite (R) or Maritime Mobile-Satellite frequencies must be certificated by the Commission in conformity with part 87. Aircraft earth stations that are required to be commissioned to use a privately owned satellite system also must meet the provisions of § 87.51 . ( c ) A continuous watch must be maintained on the frequencies used for safety and regularity of flight while public correspondence communications are being handled. For aircraft earth stations, this requirement is satisfied by compliance with the priority and preemptive access requirements of § 87.187(q) . ( d ) All communications in the Aeronautical Mobile Service and the Aeronautical Mobile-Satellite (R) Service have priority over public correspondence. ( e ) Transmission of public correspondence must be suspended when such operation will delay or interfere with message pertaining to safety of life and property or regularity of flight, or when ordered by the captain of the aircraft. [ 53 FR 28940 , Aug. 1, 1988, as amended at 57 FR 45750 , Oct. 5, 1992; 63 FR 36608 , July 7, 1998; 69 FR 32884 , June 14, 2004] § 87.191 Foreign aircraft stations. ( a ) Aircraft of member States of the International Civil Aviation Organization may carry and operate radio transmitters in the United States airspace only if a license has been issued by the State in which the aircraft is registered and the flight crew is provided with a radio operator license of the proper class, issued or recognized by the State in which the aircraft is registered. The use of radio transmitters in the United States airspace must comply with these rules and regulations. ( b ) Notwithstanding paragraph (a) of this section where an agreement with a foreign government has been entered into with respect to aircraft registered in the United States but operated by an aircraft operator who is subject to regulation by that foreign government, the aircraft radio station license and aircraft radio operator license may be issued by such foreign government. Emergency Locator Transmitters § 87.193 Scope of service. Transmissions by emergency locator transmitters (ELTs) are intended to be actuated manually or automatically and operated automatically as part of an aircraft or a survival craft station as a locating aid for survival purposes. § 87.195 121.5 MHz ELTs. ELTs that operate only on frequency 121.5 MHz will no longer be certified. The manufacture, importation, and sale of ELTs that operate only on frequency 121.5 MHz is prohibited beginning July 10, 2019. Existing ELTs that operate only on frequency 121.5 MHz must be operated as certified. [ 83 FR 63812 , Dec. 12, 2018] § 87.197 ELT test procedures. ELT testing must avoid outside radiation. Bench and ground tests conducted outside of an RF-shielded enclosure must be conducted with the ELT terminated into a dummy load. § 87.199 Special requirements for 406.0-406.1 MHz ELTs. ( a ) 406.0-406.1 MHz ELTs use G1D emission. Except for the spurious emission limits specified in § 87.139(h) , 406.0-406.1 MHz ELTs must meet all the technical and performance standards contained in the Radio Technical Commission for Aeronautics document titled “Minimum Operational Performance Standards 406 MHz Emergency Locator Transmitters (ELT)” Document No. RTCA/DO-204 dated September 29, 1989. Document No. RTCA/DO-204 is incorporated by reference into this the section with the approval of the Director of the Federal Register in accordance with 5 U.S.C 552(a) and 1 CFR part 51 . This incorporation by reference (IBR) material is available for inspection at the FCC and at the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the Radio Technical Commission for Aeronautics (RTCA), Inc., 1150 18th Street NW, Suite 910, Washington, DC 20036; phone: (202) 833-9339; email: info@rtca.org ; website: www.rtca.org . ( b ) The 406.0-406.1 MHz ELT must contain as an integral part a homing beacon operating only on 121.500 MHz that meets all the requirements described in the RTCA Recommended Standards document described in paragraph (a) of this section. The 121.500 MHz homing beacon must have a continuous duty cycle that may be interrupted during the transmission of the 406.0-406.1 MHz signal only. ( c ) As part of its Supplier's Declaration of Conformity a 406.0-406.1 MHz ELT, the ELT must be certified by a test facility recognized by one of the COSPAS/SARSAT Partners that the equipment satisfies the design characteristics associated with the COSPAS/SARSAT document COSPAS/SARSAT 406 MHz Distress Beacon Type Approval Standard (C/S T.007). Additionally, an independent test facility must certify that the ELT complies with the electrical and environmental standards associated with the RTCA Recommended Standards. Note 1 to paragraph ( c ): The verification procedure has been replaced by Supplier's Declaration of Conformity. Equipment previously authorized under subpart J of part 2 of this chapter may remain in use. See § 2.950 of this chapter . ( d ) The procedures for Supplier's Declaration of Conformity are contained in subpart J of part 2 of this chapter . ( e ) An identification code, issued by the National Oceanic and Atmospheric Administration (NOAA), the United States Program Manager for the 406.0-406.1 MHz COSPAS/SARSAT satellite system, must be programmed in each ELT unit to establish a unique identification for each ELT station. With each marketable ELT unit the manufacturer or grantee must include a postage pre-paid registration card printed with the ELT identification code addressed to: NOAA/SARSAT Beacon Registration, NSOF, E/SPO53, 1315 East West Hwy, Silver Spring, MD 20910-9684. The registration card must request the owner's name, address, telephone, type of aircraft, alternate emergency contact, and other information as required by NOAA. The registration card must also contain information regarding the availability to register the ELT at NOAA's online Web-based registration database at: http://www.beaconregistration.noaa.gov . Further, the following statement must be included: “WARNING—failure to register this ELT with NOAA before installation could result in a monetary forfeiture being issued to the owner.” ( f ) To enhance protection of life and property, it is mandatory that each 406.0-406.1 MHz ELT must be registered with NOAA before installation and that information be kept up-to-date. In addition to the identification plate or label requirements contained in §§ 2.925 and 2.926 of this chapter , each 406.0-406.1 MHz ELT must be provided on the outside with a clearly discernable permanent plate or label containing the following statement: “The owner of this 406.0-406.1 MHz ELT must register the NOAA identification code contained on this label with the National Oceanic and Atmospheric Administration (NOAA), whose address is: NOAA/SARSAT Beacon Registration, NSOF, E/SPO53, 1315 East West Hwy, Silver Spring, MD 20910-9684.” Aircraft owners shall advise NOAA in writing upon change of aircraft or ELT ownership, or any other change in registration information. Fleet operators must notify NOAA upon transfer of ELT to another aircraft outside of the owner's control, or any other change in registration information. NOAA will provide registrants with proof of registration and change of registration postcards. ( g ) For 406.0-406.1 MHz ELTs whose identification code can be changed after manufacture, the identification code shown on the plant or label must be easily replaceable using commonly available tools. [ 69 FR 32885 , June 14, 2004, as amended at 76 FR 17352 , Mar. 29, 2011; 79 FR 77918 , Dec. 29, 2014; 82 FR 50838 , Nov. 2, 2017; 85 FR 64410 , Oct. 13, 2020; 88 FR 21449 , Apr. 10, 2023] Subpart G—Aeronautical Advisory Stations (Unicoms) § 87.213 Scope of service. ( a ) An aeronautical advisory station (unicom) must provide service to any aircraft station upon request and without discrimination. A unicom must provide impartial information concerning available ground services. ( b ) ( 1 ) Unicom transmissions must be limited to the necessities of safe and expeditious operation of aircraft such as condition of runways, types of fuel available, wind conditions, weather information, dispatching, or other necessary information. At any airport at which a control tower, control tower remote communications outlet station (RCO) or FAA flight service station is located, unicoms must not transmit information pertaining to the conditions of runways, wind conditions, or weather information during the hours of operation of the control tower, RCO or FAA service station. ( 2 ) On a secondary basis, unicoms may transmit communications which pertain to the efficient portal-to-portal transit of an aircraft, such as requests for ground transportation, food or lodging. ( 3 ) Communications between unicoms and air carrier must be limited to the necessities of safety of life and property. ( 4 ) Unicoms may communicate with aeronautical utility stations and ground vehicles concerning runway conditions and safety hazards on the airport when neither a control tower nor FAA flight service station is in operation. ( c ) Unicoms must not be used for air traffic control (ATC) purposes other than to relay ATC information between the pilot and air traffic controller. Relaying of ATC information is limited to the following: ( 1 ) Revisions of proposed departure time; ( 2 ) Takeoff, arrival or flight plan cancellation time; ( 3 ) ATC clearances, provided a letter of agreement is obtained from the FAA by the licensee of the unicom. [ 53 FR 28940 , Aug. 1, 1988, as amended at 55 FR 30464 , July 26, 1990] § 87.215 Supplemental eligibility. ( a ) A unicom and any associated dispatch or control points must be located on the airport to be served. ( b ) Only one unicom will be authorized to operate at an airport which does not have a control tower, RCO or FAA flight service station that operates on the published common traffic advisory frequency. At any other airport, the one unicom limitation does not apply, and the airport operator and all aviation services organizations may be licensed to operate a unicom on the assigned frequency. ( c ) At an airport where only one unicom may be licensed, eligibility for new unicom licenses is restricted to State or local government entities, and to nongovernmental organizations (NGOs) that are authorized to apply for the license by a State or local government entity whose primary mission is the provision of public safety services. All applications submitted by NGOs must be accompanied by a new, written certification of support (for the NGO applicant to operate the applied for station) by the state or local government entity. Applications for a unicom license at the same airport, where only one unicom may be licensed, that are filed by two or more applicants meeting these eligibility criteria must be resolved through settlement or technical amendment. ( d ) At an airport where only one unicom may be licensed, the license may be assigned or transferred only to an entity meeting the requirements of paragraph (c) of this section. ( e ) An applicant for renewal of a unicom license shall be granted a presumptive renewal expectancy regardless of whether the applicant is eligible for a new unicom license under paragraph (c) of this section. Unless the renewal expectancy is defeated, applications that are mutually exclusive with the renewal application will not be accepted. The renewal expectancy may be defeated only upon a determination, following a hearing duly designated on the basis of a petition to deny or on the Commission's own motion, that the renewal applicant has not provided substantial service. For purposes of this paragraph, substantial service means service which is sound, favorable, and substantially above a level of mediocre service during the applicant's past license term. If the renewal expectancy is defeated, the renewal application will be dismissed unless the renewal applicant is eligible for a new unicom license pursuant to paragraph (c) of this section. ( f ) At an airport where only one unicom may be licensed, when the Commission believes that the unicom has been abandoned or has ceased operation, another unicom may be licensed on an interim basis pending final determination of the status of the original unicom. An applicant for an interim license must notify the present licensee and must comply with the notice requirements of paragraph (g) of this section. ( g ) An applicant for a unicom license, renewal or modification of frequency assignment at an airport which does not have a control tower, RCO or FAA flight service station must notify in writing the owner of the airport and all aviation service organizations located at the airport. The notice must include the applicant's name and address, the name of the airport and a statement that the applicant intends to file an application with the Commission for a unicom. The notice must be given within the ten days preceding the filing of the application with the Commission. Each applicant must certify upon application that either notice has been given and include the date of notification, or notice is not required because the applicant owns the airport and there are no organizations that should be notified. [ 53 FR 28940 , Aug. 1, 1988, as amended at 55 FR 30464 , July 26, 1990; 63 FR 68957 , Dec. 14, 1998; 69 FR 32885 , June 14, 2004; 76 FR 17352 , Mar. 29, 2011] § 87.217 Frequencies. ( a ) Only one unicom frequency will be assigned at any one airport. Applicants must request a particular frequency, which will be taken into consideration when the assignment is made. The frequencies assignable to unicoms are: ( 1 ) 122.950 MHz at airports which have a full-time control tower or full-time FAA flight service station. ( 2 ) 122.700, 122.725, 122.800, 122.975, 123.000, 123.050 or 123.075 MHz at all other airports. ( b ) 121.500 MHz: emergency and distress only. [ 53 FR 28940 , Aug. 1, 1988, as amended at 55 FR 30464 , July 26, 1990; 58 FR 67696 , Dec. 22, 1993; 69 FR 32885 , June 14, 2004] § 87.219 Automatic operations. ( a ) A station operator need not be present when an automated unicom is in operation. ( b ) Unicoms operating in an automated mode must comply with the requirements of paragraphs (1)-(5) of this section, in addition to the requirements applicable to non-automated unicom operations. ( 1 ) An automated unicom must transmit only in response to interrogating signals from aircraft, including but not limited to the brief keyed RF signals specified in § 87.187(y) . ( 2 ) An automated unicom must monitor the unicom frequency prior to transmission, and provide a brief delay between the aircraft's interrogating signal and the automatic unicom's response. ( 3 ) Automated advisory transmissions must be as brief as possible, and must never exceed one minute in length. ( 4 ) An automated unicom may not provide weather information at an airport that has an operational, FAA-certified, automatic weather facility, unless the unicom itself is certified by the FAA. ( 5 ) If weather information is provided by an automated unicom: ( i ) Weather sensors must be placed in order to adequately represent the weather conditions at the airport(s) to be served; ( ii ) The weather information must be proceeded by the word “advisory;” ( iii ) The phrase “automated advisory” must be included when the weather information was gathered by real-time sensors or within the last minute; and, ( iv ) The time and date of the last update must be included when the weather information was not gathered within the last minute. ( c ) Only one automated unicom may be operated at an uncontrolled airport. Prior to the operation of an automated unicom at an airport with more than one unicom licensee, all of the licensees at that airport must sign a letter of agreement stating which licensee(s) control the automated unicom operations, and, if control is to be shared among several operators, how that control will be divided or scheduled. The original or a copy of the letter of agreement must be kept with each licensees' station records. Within 90 days of the date upon which a new unicom operator is licensed at an airport where more than one unicom is authorized, and an automated unicom is being operated, an amended letter of agreement that includes the new licensee's signature must be signed or automated unicom operations must cease. [ 64 FR 27475 , May 20, 1999] Subpart H—Aeronautical Multicom Stations § 87.237 Scope of service. ( a ) The communications of an aeronautical multicom station (multicom) must pertain to activities of a temporary, seasonal or emergency nature involving aircraft in flight. Communications are limited to directing or coordinating ground activities from the air or aerial activities from the ground. Air-to-air communications will be authorized if the communications are directly connected with the air-to-ground or ground-to-air activities described above. Multicom communications must not include those air/ground communications provided for elsewhere in this part. ( b ) If there is not unicom and an applicant is unable to meet the requirements for a unicom license, the applicant will be eligible for a multicom license. ( 1 ) The multicom license becomes invalid when a unicom is established at the landing area. ( 2 ) Multicoms must not be used for ATC purposes other than the relay of ATC information between the pilot and air traffic controller. Relaying of ATC information is limited to the following: ( i ) Revisions of proposed departure time; ( ii ) Takeoff, arrival flight plan cancellation time; ( iii ) ATC clearances, provided a letter of agreement is obtained from the FAA by the licensee of the multicom. ( 3 ) Communications by a multicom must be limited to the safe and expeditious operation of private aircraft, pertaining to the conditions of runways, types of fuel available, wind conditions, weather information, dispatching or other information. On a secondary basis, multicoms may transmit communictions which pertain to efficient portal-to-portal transit of an aircraft such as requests for ground transportation, food or lodging. § 87.239 Supplemental eligibility. Each applicant for a multicom may be required to demonstrate why such a station is necessary, based on the scope of service defined above. [ 63 FR 68957 , Dec. 14, 1998] § 87.241 Frequencies. ( a ) 121.500 MHz: emergency and distress only; ( b ) 122.850 or 122.900 MHz; ( c ) 122.925 MHz: available for assignment to communicate with aircraft when coordinating foresty management and fire suppression, fish and game management and protection, and environmental monitoring and protection. Subpart I—Aeronautical Enroute Stations, Aeronautical Fixed Stations, and Aircraft Data Link Land Test Stations Aeronautical Enroute Stations § 87.261 Scope of service. ( a ) Aeronautical enroute stations provide operational control communications to aircraft along domestic or international air routes. Operational control communications include the safe, efficient and economical operation of aircraft, such as fuel, weather, position reports, aircraft performance, and essential services and supplies. Public correspondence is prohibited. ( b ) Service must be provided to any aircraft station licensee who makes cooperative arrangements for the operation, maintenance and liability of the stations which are to furnish enroute service. In emergency or distress situations service must be provided without prior arrangements. ( c ) Except in Alaska, only one aeronautical enroute station licensee will be authorized at any one location. In Alaska, only one aeronautical enroute station licensee in the domestic service and one aeronautical enroute station licensee in the international service will be authorized at any one location. (Because enroute stations may provide service over a large area containing a number of air routes or only provide communications in the local area of an airport, location here means the area which can be adequately served by the particular station.) ( d ) In Alaska, only stations which serve scheduled air carriers will be licensed to operate aeronautical enroute stations. Applicants must show that the station will provide communications only along routes served by scheduled air carriers. ( e ) Mobile units may be operated under an aeronautical enroute station authorization so long as the units are limited to use at an airport and are only used to communicate with aircraft on the ground or the associated aeronautical enroute station. Mobile units are further limited to operation on the VHF frequencies listed in 87.263(a)(1). ( f ) Mobile units licensed under paragraph (e) of this section shall not be operated on air traffic control frequencies, nor cause harmful interference to, communications on air traffic control frequencies. [ 53 FR 28940 , Aug. 1, 1988, as amended at 64 FR 27476 , May 20, 1999] § 87.263 Frequencies. ( a ) Domestic VHF service. ( 1 ) Frequencies in the 128.8125-132.125 MHz and 136.4875-137.00 MHz bands are available to serve domestic routes, except that the frequency 136.750 MHz is available only to aeronautical enroute stations located at least 288 kilometers (180 miles) from the Gulf of Mexico shoreline (outside the Gulf of Mexico region). The frequencies 136.900 MHz, 136.925 MHz, 136.950 MHz and 136.975 MHz are available to serve domestic and international routes. Frequency assignments may be based on either 8.33 kHz or 25 kHz spacing. Use of these frequencies must be compatible with existing operations and must be in accordance with pertinent international treaties and agreements. ( 2 ) A system or network of interconnected enroute stations may employ offset carrier techniques on the frequencies listed in paragraph (a)(1). The carrier frequencies of the individual transmitters must not be offset by more than ±8kHz. ( 3 ) The frequencies 122.825 and 122.875 MHz are available for assignment to enroute stations which provide local area service to aircraft approaching or departing a particular airport. These frequencies will be assigned without regard to the restrictions contained in § 87.261 (c) and (d) . Only organizations operating aircraft with a maximum capacity of 56 passengers or 8,200 kg (18,000 lbs) cargo will be authorized use of these enroute frequencies. ( 4 ) In Alaska, the frequencies 131.500, 131.600, 131.800 and 131.900 MHz may be assigned to aeronautical enroute stations without regard to the restrictions contained in § 87.261 (c) and (d) . ( 5 ) The frequency 136.750 MHz is available in the Gulf of Mexico Region to serve domestic routes over the Gulf of Mexico and adjacent coastal areas. Assignment of this frequency in the Gulf of Mexico Region shall be to licensees first licensed on this frequency in the Gulf of Mexico Region prior to January 1, 1994, their successors and assigns, and is not subject to the conditions in § 87.261(c) and paragraph (a)(2) of this section. For the purpose of this paragraph, the Gulf of Mexico Region is defined as an area bounded on the east, north, and west by a line 288 km (180 miles) from the Gulf of Mexico shore line. Inland stations must be located within forty-eight kilometers (30 miles) of the Gulf of Mexico shore line. ( b ) Domestic HF service. ( 1 ) Regular use of high frequencies for aeronautical enroute or any aeronautical mobile (R) communications in the domestic service within the continental United States (excluding Alaska) will not be authorized. ( 2 ) These frequencies (carrier) are available for assignment to serve aircraft operating in support of offshore drilling operations in open sea areas beyond the range of VHF propagation: kHz 2878.0 3019.0 3434.0 4672.0 5463.0 5508.0 ( 3 ) Alaska: The following frequencies (carrier) are available for assignment to serve domestic air routes in the Alaska area: ( i ) Throughout Alaska: Shared with the FAA and assigned where an applicant shows the need for a service not provided by the FAA. kHz 2866.0 5631.0 ( ii ) Alaska Aleutian chain and feeders. kHz 2911.0 8855.0 2956.0 10066.0 5496.0 11363.0 6580.0 ( iii ) Central and Southeast Alaska and feeders. kHz 2875.0 6580.0 2911.0 6604.0 3470.0 8876.0 5484.0 11357.0 ( iv ) The following frequencies (carrier) are available to enroute stations in Alaska without regard to the restrictions contained in § 87.261 (c) or (d) . These frequencies may also be used for communications between enroute stations concerning matters directly affecting aircraft with which they are engaged. Enroute stations located at an uncontrolled airport shall not transmit information concerning runway, wind or weather conditions during the operating hours of a unicom. kHz 3449.0 5472.0 5167.5 1 5490.0 1 The frequency 5167.5 kHz is available to any station for emergency communications in Alaska. No airborne operations are permitted. Peak envelope power of stations operating on this frequency must not exceed 150 watts. This frequency may also be used by Alaska private fixed stations for calling purposes, but only for establishing communications. ( c ) International VHF service. Frequencies in the 128.825-132.000 and 136.000-137.000 MHz bands are available to enroute stations serving international flight operations. Frequency assignments are based on either 8.33 kHz or 25 kHz channel spacing. Proposed operations must be compatible with existing operations in the band. ( d ) International HF service. High frequencies (carrier) available to enroute stations serving international flight operations on the Major World Air Route Areas (MWARA's), as defined in the international Radio Regulations and the ICAO Assignment Plan, are: ( 1 ) Central East Pacific (CEP): kHz 2869.0 8843.0 3413.0 10057.0 4657.0 11282.0 5547.0 13300.0 5574.0 17904.0 6673.0 ( 2 ) Central West Pacific (CWP): kHz 2998.0 6562.0 3455.0 8903.0 4666.0 10081.0 5652.0 11384.0 5661.0 13300.0 6532.0 17904.0 ( 3 ) North Pacific (NP): kHz 2932.0 10048.0 5628.0 11330.0 6655.0 13300.0 6661.0 17904.0 ( 4 ) South Pacific (SP): kHz 3467.0 10084.0 5559.0 11327.0 5643.0 13300.0 8867.0 17904.0 ( 5 ) North Atlantic (NAT): kHz 2872.0 8825.0 2899.0 8831.0 2962.0 8864.0 2971.0 8879.0 3016.0 8891.0 3476.0 8906.0 4675.0 11279.0 5598.0 11309.0 5616.0 11336.0 5649.0 13291.0 6622.0 13306.0 6628.0 17946.0 ( 6 ) Europe (EUR): kHz 3479.0 10084.0 5661.0 13288.0 6598.0 17961.0 ( 7 ) South America (SAM): kHz 2944.0 10024.0 3479.0 10096.0 4669.0 11360.0 5526.0 13297.0 6649.0 17907.0 8855.0 ( 8 ) South Atlantic (SAT): kHz 2854.0 8861.0 2935.0 11291.0 3452.0 13315.0 5565.0 13357.0 6535.0 17955.0 ( 9 ) Southeast Asia (SEA): kHz 3470.0 10066.0 3485.0 11396.0 5649.0 13309.0 5655.0 13318.0 6556.0 17907.0 8942.0 ( 10 ) East Asia (EA): kHz 3016.0 10042.0 3485.0 11396.0 3491.0 13297.0 5655.0 13303.0 5670.0 13309.0 6571.0 17907.0 8897.0 ( 11 ) Middle East (MID): kHz 2944.0 6631.0 2992.0 8918.0 3467.0 8951.0 3473.0 10018.0 4669.0 11375.0 5658.0 13288.0 5667.0 13312.0 6625.0 17961.0 ( 12 ) Africa (AFI): kHz 2851.0 6673.0 2878.0 8894.0 3419.0 8903.0 3425.0 8894.0 3467.0 11300.0 4657.0 11330.0 5493.0 13273.0 5652.0 13288.0 5658.0 13294.0 6559.0 17961.0 6574.0 ( 13 ) Indian Ocean (INO): kHz 3476.0 13306.0 5634.0 17961.0 8879.0 ( 14 ) North Central Asia (NCA): kHz 3004.0 6592.0 3019.0 10096.0 4678.0 13303.0 5646.0 13315.0 5664.0 17958.0 ( 15 ) Caribbean (CAR): kHz 2887.0 8846.0 3455.0 8918.0 5520.0 11387.0 5550.0 11396.0 6577.0 13297.0 6586.0 17907.0 ( e ) Long distance operational control. Long distance operational control frequencies provide communications between aeronautical enroute stations and aircraft stations anywhere in the world for control of the regularity and efficiency of flight and safety of aircraft. World-wide frequencies are not assigned by administrations for MWARA and Regional and Domestic Air Route Area (RDARA). kHz 3013.0 10075.0 3494.0 11342.0 5529.0 11348.0 5538.0 13330.0 6637.0 13348.0 6640.0 17925.0 8933.0 21964.0 10033.0 ( f ) 121.500 MHz: Emergency and distress only. [ 53 FR 28940 , Aug. 1, 1988, as amended at 54 FR 11721 , Mar. 22, 1989; 55 FR 28628 , July 12, 1990; 56 FR 21084 , May 7, 1991; 58 FR 44954 , Aug. 25, 1993; 66 FR 26800 , May 15, 2001; 76 FR 17352 , Mar. 29, 2011] § 87.265 Administrative communications. Domestic VHF aeronautical enroute stations authorized to use A9W emission on any frequency listed in § 87.263(a)(1) or § 87.263(a)(3) may transmit digital administrative communications on a secondary basis, in addition to the operational and control communications routinely permitted under § 87.261(a) above. Such secondary administrative communications must directly relate to the business of a participating aircraft operator in providing travel and transportation services to the flying public or to the travel, transportation or scheduling activities of the aircraft operator itself. Stations transmitting administrative communications must provide absolute priority for operational control and other safety communications by means of an automatic priority control system. [ 54 FR 11721 , Mar. 22, 1989] Aeronautical Fixed Stations § 87.275 Scope of service. Aeronautical fixed stations provide non-public point-to-point communications service pertaining to safety, regularity and economy of flight. These stations must transmit, without discrimination, messages from aircraft which have entered into cooperative arrangements governing the operation and maintenance of such stations. Aeronautical fixed station licensees are required to transmit, without charge or discrimination, all emergency communications. § 87.277 Supplemental eligibility. Aeronautical fixed station licenses will only be issued to the licensees of associated aeronautical enroute stations. Aeronautical fixed station licenses will not be issued where adequate land line facilities are available. § 87.279 Frequencies. ( a ) United States (except Alaska). The applicant must request specific frequencies in accordance with § 2.106 of this chapter . The Commission will determine the suitability of the applicant's selection based on the probability of interference to and from existing services assigned on the same or adjacent frequencies. All new assignments of frequencies will be subject to such conditions as may be required to minimize the possibility of harmful interference to existing services. ( b ) Alaska. ( 1 ) Only stations which serve scheduled air carriers will be licensed. Applicants must show that the station will provide communications only along routes served by the scheduled operations of such carriers. ( 2 ) The following frequencies are available in Alaska. These frequencies will only be licensed in conjunction with licenses for use of the aeronautical enroute frequencies specified in § 87.263(c) . kHz 2648.0 5310.0 4645.0 5887.5 4947.5 8015.0 5122.5 ( c ) Gulf of Mexico. In addition to the provisions of paragraph (a) of this section, the frequencies 4550.0 and 5036.0 kHz are available in the Gulf of Mexico. Aircraft Data Link Land Test Stations § 87.285 Scope of service. ( a ) Frequencies. The frequencies indicated in § 87.287 may be used to test aircraft data link systems on a secondary basis to other licensed stations. Equipment must be designed so that it will engage in data link exchange only with the aircraft whose identification has been programmed into the device, and must comply with the applicable specifications for VDL Mode 2 operation set forth in the ICAO “Manual on VHF Digital Link (VDL) Mode 2” and RTCA DO-281A. ( b ) Incorporation by reference. The material listed in this paragraph (b) is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . This incorporation by reference (IBR) material is available for inspection at the FCC and at the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the following sources in this paragraph (b) : ( 1 ) ICAO, Customer Services Unit, 999 University Street, Montréal, Quebec H3C 5H7, Canada; email: icaohq@icao.int ; website: www.ICAO.int . ( i ) ICAO “Manual on VHF Digital Link (VDL) Mode 2” First Edition-2001. ( ii ) [Reserved] ( 2 ) Radio Technical Commission for Aeronautics (RTCA), Inc., 1150 18th Street NW, Suite 910, Washington, DC 20036; phone: (202) 833-9339; email: info@rtca.org ; website: www.rtca.org . ( i ) RTCA DO-281A, “Minimum Operational Performance Standards for Aircraft VDL Mode 2 Physical, Link and Network Layer”, November 8, 2005. ( ii ) [Reserved] [ 88 FR 21449 , Apr. 10, 2023] § 87.287 Frequencies. ( a ) The frequencies assignable to aircraft data link land test stations are 131.450 MHz, 131.550 MHz, 131.725 MHz, 131.825 MHz, 136.850 MHz, 136.900 MHz, 136.925 MHz, 136.950 MHz, and 136.975 MHz. Interstitial frequencies separated by 8.33 kilohertz from these frequencies may also be assigned. ( b ) Before submitting an application for an aircraft data link land test station, an applicant must obtain written permission from the licensee of the aeronautical enroute stations serving the areas in which the aircraft data link land test station will operate on a co-channel basis. The Commission may request an applicant to provide documentation as to this fact. [ 78 FR 61207 , Oct. 3, 2013] Subpart J—Flight Test Stations § 87.299 Scope of service. The use of flight test stations is restricted to the transmission of necessary information or instructions relating directly to tests of aircraft or components thereof. § 87.301 Supplemental eligibility. ( a ) The following entities are eligible for flight test station licenses: ( 1 ) Manufacturers of aircraft or major aircraft components; ( 2 ) A parent corporation or its subsidiary if either corporation is a manufacturer of aircraft or major aircraft components; or ( 3 ) Educational institutions and persons primarily engaged in the design, development, modification, and flight test evaluation of aircraft or major aircraft components. ( b ) Each application must include a certification sufficient to establish the applicant's eligibility under the criteria in paragraph (a) of this section. [ 53 FR 28940 , Aug. 1, 1988, as amended at 63 FR 68957 , Dec. 14, 1998] § 87.303 Frequencies. ( a ) These frequencies are available for assignment to flight test land and aircraft stations: kHz MHz MHz MHz 3281.0 1 123.175 2 123.225 3 123.400 2 123.200 3 123.375 3 123.450 3 ( b ) These additional frequencies are available for assignment only to flight test stations of aircraft manufacturers: MHz MHz MHz MHz 123.125 2 123.275 3 123.425 3 123.550 3 123.150 2 123.325 3 123.475 3 123.575 2 123.250 3 123.350 3 123.525 3 1 When R3E, H3E or J3E emission is used, the assigned frequency will be 3282.4 kHz (3281.0 kHz carrier frequency). 2 This frequency is available only to itinerant stations that have a requirement to be periodically transferred to various locations. 3 Mobile station operations on these frequencies are limited to an area within 320 km (200 mi) of an associated flight test land station. ( c ) These frequencies are available for equipment test, emergency and backup use with aircraft beyond the range of VHF propagation. Either H2B, J3E, J7B or J9W emission may be used. Frequencies (carrier) available kHz: kHz 2851.0 8822.0 3004.0 10045.0 3443.0 11288.0 5451.0 11306.0 5469.0 13312.0 5571.0 17964.0 6550.0 21931.0 ( d ) Aeronautical mobile telemetry (AMT) operations are conducted in the 1435-1525 MHz, 2345-2395 MHz, and 5091-5150 MHz bands on a co-equal basis with U.S. Government stations. ( 1 ) Frequencies in the 1435-1525 MHz and 2360-2395 MHz bands are assigned in the mobile service primarily for aeronautical telemetry and associated telecommand operations for flight testing of aircraft and missiles, or their major components. Until January 1, 2020, the 2345-2360 MHz band is also available to licensees holding a valid authorization on April 23, 2015 for these purposes on a secondary basis. Permissible uses of these bands include telemetry and associated telecommand operations associated with the launching and reentry into the Earth's atmosphere, as well as any incidental orbiting prior to reentry, of objects undergoing flight tests. In the 1435-1525 MHz band, the following frequencies are shared on a co-equal basis with flight telemetering mobile stations: 1444.5, 1453.5, 1501.5, 1515.5, and 1524.5 MHz. In the 2360-2395 MHz band, the following frequencies may be assigned for telemetry and associated telecommand operations of expendable and re-usable launch vehicles, whether or not such operations involve flight testing: 2364.5, 2370.5 and 2382.5 MHz. All other mobile telemetry uses of the 2360-2395 MHz band shall be on a non-interfering and unprotected basis to the above uses. ( 2 ) Frequencies in the 5091-5150 MHz band are assigned in the aeronautical mobile service on a primary basis for flight testing of aircraft. AMT use of these frequencies is restricted to aircraft stations transmitting to aeronautical stations (AMT ground stations) in the flight test areas listed in 47 CFR 2.106 , footnote US111. ( 3 ) The authorized bandwidths for stations that operate in the 1435-1525 MHz, 2345-2395 MHz, or 5091-5150 MHz bands are normally 1, 3 or 5 MHz. Applications for greater bandwidths will be considered in accordance with the provisions of § 87.135 . Each assignment will be centered on a frequency between 1435.5 MHz and 1524.5 MHz, between 2345.5 MHz and 2394.5 MHz, or between 5091.5 MHz and 5149.5 MHz, with 1 MHz channel spacing. ( 4 ) Frequencies in the bands 1435-1525 MHz are also available for low power auxiliary station use on a secondary basis. ( e ) 121.500 MHz: Emergency and distress only. ( f ) Frequency assignments for Flight Test VHF Stations may be based on either 8.33 kHz or 25 kHz spacing. Assignable frequencies include the interstitial frequencies 8.33 kHz from the VHF frequencies listed in paragraphs (a) and (b) of this section. Each 8.33 kHz interstitial frequency is subject to the same eligibility criteria and limitations as the nearest frequency listed in paragraphs (a) and (b) of this section. [ 53 FR 28940 , Aug. 1, 1988, as amended at 55 FR 4175 , Feb. 7, 1990; 58 FR 44954 , Aug. 25, 1993; 58 FR 67696 , Dec. 22, 1993; 60 FR 37829 , July 24, 1995; 62 FR 11107 , Mar. 11, 1997; 68 FR 74388 , Dec. 23, 2003; 69 FR 77950 , Dec. 29, 2004; 71 FR 29818 , May 24, 2006; 76 FR 17352 , Mar. 29, 2011; 80 FR 38910 , July 7, 2015; 80 FR 71731 , Nov. 17, 2015; 82 FR 41562 , Sept. 1, 2017] § 87.305 Frequency coordination. ( a ) ( 1 ) Each application for a new station license, renewal or modification of an existing license concerning flight test frequencies, except as provided in paragraph (b) of this section, must be accompanied by a statement from a frequency advisory committee. The committee must comment on the frequencies requested or the proposed changes in the authorized station and the probable interference to existing stations. The committee must consider all stations operating on the frequencies requested or assigned within 320 km (200 mi) of the proposed area of operation and all prior coordinations and assignments on the proposed frequency(ies). The committee must also recommend frequencies resulting in the minimum interference. The committee must coordinate in writing all requests for frequencies or proposed operating changes in the 1435-1525 MHz, 2345-2360 MHz (only until January 1, 2020), 2360-2395 MHz, and 5091-5150 MHz bands with the responsible Government Area Frequency Coordinators listed in the NTIA “Manual of Regulations and Procedures for Federal Radio Frequency Management.” In addition, committee recommendations may include comments on other technical factors and may contain recommended restrictions which it believes should appear on the license. ( 2 ) The frequency advisory committee must be organized to represent all persons who are eligible for non-Government radio flight test stations. A statement of organization service area and composition of the committee must be submitted to the Commission for approval. The functions of any advisory committee are purely advisory to the applicant and the Commission, and its recommendations are not binding upon either the applicant or the Commission. ( b ) These applications need not be accompanied by evidence of frequency coordination: ( 1 ) Any application for modification not involving change in frequency(ies), power, emission, antenna height, antenna location or area of operation. ( 2 ) Any application for 121.5 MHz. [ 53 FR 28940 , Aug. 1, 1988, as amended at 54 FR 11721 , Mar. 22, 1989; 58 FR 44954 , Aug. 25, 1993; 80 FR 38910 , July 7, 2015] § 87.307 Cooperative use of facilities. ( a ) The Commission will license only one flight test land station per airport, except as provided in paragraph (d) of this section. ( b ) Flight test land stations located at an airport are required to provide service without discrimination, on a cooperative maintenance basis, to anyone eligible for a flight test station license. ( c ) When the licensee of a flight test land station intends to conduct flight tests at an area served by another flight test land station, which may result in interference, the licensees must coordinate their schedules in advance. If no agreement is reached, the Commission will determine the time division upon request by either licensee. ( d ) Applicants for an additional flight test land station at an airport where such a station is already authorized may be required to submit a factual showing to include the following: ( 1 ) Reasons why shared use of the currently licensed flight test land station is not possible; and ( 2 ) Results of coordination with the current licensee of the flight test station at the airport demonstrating that an additional station can be accommodated without significant degradation of the reliability of existing facilities. [ 53 FR 28940 , Aug. 1, 1988, as amended at 63 FR 68958 , Dec. 14, 1998] Subpart K—Aviation Support Stations § 87.319 Scope of service. Aviation support stations are used for the following types of operations: ( a ) Pilot training; ( b ) Coordination of soaring activities between gliders, tow aircraft and land stations; ( c ) Coordination of activities between free balloons or lighter-than-air aircraft and ground stations; ( d ) Coordination between aircraft and aviation service organizations located on an airport concerning the safe and efficient portal-to-portal transit of the aircraft, such as the types of fuel and ground services available; and ( e ) Promotion of safety of life and property. § 87.321 Supplemental eligibility. Each applicant must certify as to its eligibility under the scope of service described above. [ 63 FR 68958 , Dec. 14, 1998] § 87.323 Frequencies. ( a ) 121.500 MHz: Emergency and distress only. ( b ) The frequencies 121.950, 123.300 and 123.500 MHz are available for assignment to aviation support stations used for pilot training, coordination of lighter-than-air aircraft operations, or coordination of soaring or free ballooning activities. Applicants for 121.950 MHz must coordinate their proposal with the appropriate FAA Regional Spectrum Management Office. The application must specify the FAA Region notified and the date notified. Applicants for aviation support land stations may request frequency(ies) based upon their eligibility although the Commission reserves the right to specify the frequency of assignment. Aviation support mobile stations will be assigned 123.300 and 123.500 MHz. However, aviation support mobile stations must operate only on a noninterference basis to communications between aircraft and aviation support land stations. ( c ) The frequency 122.775 MHz and, secondary to aeronautical multicom stations, the frequency 122.850 MHz are available for assignment to aviation support stations. These frequencies may be used for communications between aviation service organizations and aircraft in the airport area. These frequencies must not be used for air traffic control purposes or to transmit information pertaining to runway, wind or weather conditions. ( d ) The frequency 3281.0 kHz is available for assignment to aviation support stations used for coordination of lighter-than-air aircraft operations. [ 53 FR 28940 , Aug. 1, 1988, as amended at 63 FR 68958 , Dec. 14, 1998] Subpart L—Aeronautical Utility Mobile Stations § 87.345 Scope of service. Aeronautical utility mobile stations provide communications for vehicles operating on an airport movement area. An airport movement area is defined as the runways, taxiways and other areas utilized for taxiing, takeoff and landing of aircraft, exclusive of loading ramp and parking areas. ( a ) An aeronautical utility mobile station must monitor its assigned frequency during periods of operation. ( b ) At an airport which has a control tower, control tower remote communications outlet station (RCO) or FAA flight service station in operation, communications by an aeronautical utility mobile station are limited to the management of ground vehicular traffic. ( c ) Aeronautical utility mobile stations which operate on the airport's unicom frequency or the frequency 122.900 MHz are authorized only to transmit information relating to safety, such as runway conditions and hazards on the airport. These stations are authorized primarily for monitoring communications from and to aircraft approaching or departing the airport. ( d ) Transmissions by an aeronautical utility mobile station are subject to the control of the control tower, the FAA flight service station or the unicom, as appropriate. When requested by the control tower, the flight service station or the unicom, an aeronautical utility station must discontinue transmitting immediately. ( e ) Communications between aeronautical utility mobile stations are not authorized. ( f ) Transmissions by aeronautical utility mobile stations for Universal Access Transceiver service are authorized. [ 53 FR 28940 , Aug. 1, 1988, as amended at 55 FR 7333 , Mar. 1, 1990; 55 FR 30464 , July 26, 1990; 71 FR 70680 , Dec. 6, 2006] § 87.347 Supplemental eligibility. ( a ) Aeronautical utility stations may transmit on unicom frequencies only at airports which have a unicom and a part-time or no control tower, an RCO or an FAA flight service station. ( b ) An applicant for an aeronautical utility station operating on a unicom frequency or the frequency 122.900 MHz must: ( 1 ) Have a need to routinely operate a ground vehicle on the airport movement area; ( 2 ) Maintain a list of the vehicle(s) in which the station is to be located; ( 3 ) Certify on the application that either the applicant is the airport owner or operator, or a state or local government aeronautical agency, or that the airport owner or operator has granted permission to operate the vehicle(s) on the airport movement area. ( c ) An applicant for an aeronautical utility station requesting authority to transmit on the local control (tower) frequency or on the control tower remote communications outlet (RCO) frequency must certify that the Air Traffic Manager of the airport control tower approves the requested use of the tower or RCO frequency. [ 53 FR 28940 , Aug. 1, 1988, as amended at 55 FR 30464 , July 26, 1990; 55 FR 30908 , July 30, 1990; 63 FR 68958 , Dec. 14, 1998] § 87.349 Frequencies. ( a ) The frequency assigned to an aeronautical utility station at an airport served by a control tower, RCO or FAA flight service station is the frequency used by the control tower for ground traffic control or by the flight service station for communications with vehicles. In addition to the ground control frequency, an aeronautical utility station at an airport served by a control tower or RCO may be assigned the tower or RCO frequency if the assignment is specifically approved by the FAA as provided for in § 87.347(c) . The frequencies assigned are normally from the band 121.600-121.925 MHz. ( b ) The frequency assigned to the unicom is available to aeronautical utility stations on a noninterference basis at airports which have a part-time control tower, part-time RCO or part-time FAA flight service station and a unicom. ( c ) At airports which have a unicom but no control tower, RCO or FAA flight service station, the frequency assigned to the unicom is available to aeronautical utility stations on a noninterference basis. The frequencies available for assignment to unicoms are described in subpart G of this part . ( d ) At airports which have no control tower, RCO, flight service station or unicom, the frequency 122.900 MHz is available for assignment to aeronautical utility stations. ( e ) The frequency 978.0 MHz is authorized for Universal Access Transceiver data transmission. ( f ) The Commission will assign frequency 1090 MHz for use by aeronautical utility mobile stations for ground vehicle identification and collision avoidance after coordination with the FAA, subject to the following conditions: ( 1 ) The applicant must notify the appropriate Regional Office of the FAA prior to submission to the Commission of an application for a new station or for modification of an existing station. Each application must include the FAA Regional Office notified and date of notification. ( 2 ) Eligibility is restricted to airport operators holding an FAA Airport Operating Certificate, and other entities approved by the FAA on a case-by-case basis to use frequency 1090 MHz for use by aeronautical utility mobile stations for ground vehicle identification and collision avoidance; ( 3 ) No more than two hundred 1090 MHz aeronautical utility mobile stations will be authorized at one airport; ( 4 ) Licenses are limited to only those locations that are within the vicinity of an FAA ASDE-X multilateration system or ADS-B equipment, and/or where the primary purpose for seeking transmit authorization is to provide surface data to aircraft and air traffic control authorities. ( 5 ) Message transmission rates are limited as indicated in the table below: ADS-B Message Rate when moving Rate when stationary Surface Position Message (Types 5, 6, 7, 8) Every 0.4 to 0.6 seconds Every 4.8 to 5.2 seconds. Aircraft Operational Status (Type 31) Every 4.8 to 5.2 seconds Every 4.8 to 5.2 seconds. Aircraft Identification and Type (Type 2) Every 4.8 to 5.2 seconds Every 9.8 to 10.2 seconds. [ 55 FR 30464 , July 26, 1990, as amended at 55 FR 30908 , July 30, 1990; 71 FR 70680 , Dec. 6, 2006; 78 FR 61207 , Oct. 3, 2013] § 87.351 Frequency changes. When the aeronautical utility frequency is required to be changed because of an action by the FAA or the Commission (such as a change in the ground control of unicom frequency) the licensee must submit an application for modification to specify the new frequency within 10 days from the date the station begins operation on the new frequency. The licensee has temporary authority to use the new frequency from the date of the change pending receipt of the modified license. Subpart M—Aeronautical Search and Rescue Stations § 87.371 Scope of service. Aeronautical search and rescue land and mobile stations must be used only for communications with aircraft and other aeronautical search and rescue stations engaged in search and rescue activities. Aeronautical land search and rescue stations can be moved for temporary periods from a specified location to an area where actual or practice search and rescue operations are being conducted. § 87.373 Supplemental eligibility. Licenses for aeronautical search and rescue stations will be granted only to governmental entities or private organizations chartered to perform aeronautical search and rescue functions. § 87.375 Frequencies. ( a ) The frequency 123.100 MHz is available for assignment to aeronautical search and rescue stations for actual search and rescue missions. Each search and rescue station must be equipped to operate on this frequency. ( b ) The frequency 122.900 MHz is available for assignment to aeronautical search and rescue stations for organized search and rescue training and for practice search and rescue missions. ( c ) The frequencies 3023.0 kHz and 5680.0 kHz are available for assignment to aircraft and ship stations for search and rescue scene-of-action coordination, including communications with participating land stations. Ship stations communicating with aircraft stations must employ 2K80J3E emission. ( d ) 121.500 MHz: Emergency and distress only. Subpart N—Emergency Communications § 87.393 Scope of service. This subpart provides the rules governing operation of stations in the Aviation Services during any national or local emergency situation constituting a threat to national security or safety of life and property. This subpart is consistent with the Aeronautical Emergency Communications System Plan for all Aviation Services licensees of the Commission which was developed pursuant to sections 1, 4(o), 301 and 303 of the Communications Act, and Executive Order 11490, as amended. This Plan provides for emergency communications to meet the requirements of the Plan for the Security Control of Air Traffic and Air Navigation Aids (SCATANA), Civil Reserve Air Fleet (CRAF), War Air Service Program (WASP) and, where applicable, State and Regional Disaster Airlift Planning (SARDA). § 87.395 Plan for the Security Control of Air Traffic and Air Navigation Aids (Short Title: SCATANA). ( a ) The Plan for the Security Control of Air Traffic and Air Navigation Aids (SCATANA) is promulgated in furtherance of the Federal Aviation Act of 1958, as amended, the Communications Act and Executive Order 11490, as amended. SCATANA defines the responsibilities of the Commission for the security control of non-Federal air navigation aids. ( b ) Under the responsibilities defined in SCATANA, an FCC Support Plan for the Security Control of Non-Federal Air Navigation Aids has been developed by the Commission. The FCC Support Plan defines responsibilities, procedures, and instructions in consonance with SCATANA which will effect control of non-Federal air navigation aids when SCATANA is implemented. It permits the use of such navigation aids by aircraft of military and civil agencies when SCATANA is implemented. The FCC Support Plan highlights those parts of SCATANA which deal specifically with non-Federal air navigation aids. SCATANA and the FCC Support Plan apply to radionavigation stations authorized by the Commission in the following manner: ( 1 ) All licensees are subject to restrictions imposed by appropriate military authorities pursuant to SCATANA and the FCC Support Plan when an Air Defense Emergency or Defense Emergency exists or is imminent. The restrictions will be imposed through FAA Air Route Traffic Control Centers (ARTCCs). ( 2 ) All licensees of aeronautical radionavigation (VOR/DME, ILS, MLS, LF and MF non-directional beacons) stations will comply with SCATANA implementation instructions from FAA ARTCCs as follows: ( i ) Shut down the above navigation aids as directed. These instructions will permit time to land or disperse airborne aircraft, and will permit extension of time when the air traffic situation dictates. ( ii ) Shut down as soon as possible stations which require more than five minutes control time, unless directed otherwise or unless such stations are essential for the handling of existing air traffic. ( iii ) Operate aeronautical radionavigation stations to ensure that required stations, as indicated in flight plans, will be available for authorized aircraft flights. ( 3 ) Licensees of aeronautical radionavigation stations will be notified of the reduction or removal of SCATANA restrictions by FAA ARTCCs when notice of the termination is issued. ( 4 ) Licensees of aeronautical radionavigation stations may voluntarily participate in SCATANA tests as requested by an ARTCC. SCATANA testing must not interrupt the normal service of non-Federal air navigation aids. § 87.397 Emergency operations. ( a ) The licensee of any land station in the Aviation services, during a local emergency involving the safety of life and property may communicate in a manner other than that specified in the license (See § 87.395 ). Such emergency operations may include operation at other locations or with equipment not specified in the license or by unlicensed personnel provided that: ( 1 ) Such operations are under the control and supervision of the station licensee, ( 2 ) The emergency use is discontinued as soon as practicable upon termination of the emergency, ( 3 ) In no event shall any station transmit on frequencies other than or with power in excess of that specified in the license, ( 4 ) The details of the emergency must be retained with the station license, and ( 5 ) At a controlled airport these communications must be coordinated with the FAA. ( b ) The unicom frequencies listed in subpart G may also be used for communications with private aircraft engaged in organized civil defense activities in preparation for, during an enemy attack or immediately after an enemy attack. When used for these purposes, unicoms may be moved from place to place or operated at unspecified locations, except at landing areas served by other unicoms or control towers. ( c ) In any case in which a license for unattended operation has been granted, the Commission may at any time, for national defense, modify the license. Subpart O—Airport Control Tower Stations § 87.417 Scope of service. ( a ) Airport control tower stations (control towers) and control tower remote communications outlet stations (RCOs) must limit their communications to the necessities of safe and expeditious operations of aircraft operating on or in the vicinity of the airport. Control towers and RCOs provide air traffic control services to aircraft landing, taking off and taxing on the airport as well as aircraft transiting the airport traffic area. Additionally, control towers and RCOs can provide air traffic control services to vehicles operating on airport movement areas (see subpart L of this part ). Control towers and RCOs must serve all aircraft without discrimination. An RCO must be remotely operated from a control tower or other FAA control facility located at a nearby airport. ( b ) A control tower must maintain a continuous watch on the following frequencies during the hours of operation: 121.500 MHz 3023.0 kHz (Alaska only) 5680.0 kHz (Alaska only) The Commission may exempt from these watch requirements the licensee of an airport control tower station if a satisfactory showing has been made that such an exemption will not adversely affect life and property in the air. [ 53 FR 28940 , Aug. 1, 1988, as amended at 54 FR 11721 , Mar. 22, 1989; 55 FR 30464 , July 26, 1990] § 87.419 Supplemental eligibility. Only one control tower or RCO will be licensed at an airport. [ 64 FR 27476 , May 20, 1999] § 87.421 Frequencies. The Commission will assign VHF frequencies after coordination with the FAA. Frequencies in the following bands are available to control towers and RCOs. Channel spacing is 25 kHz. 118.000-121.400 MHz 121.600-121.925 MHz 123.600-128.800 MHz 132.025-135.975 MHz ( a ) The frequency 123.100 MHz is available for use by control towers and RCOs at special aeronautical events on the condition that no harmful interference is caused to search and rescue operations in the locale involved. ( b ) Frequencies in the bands 200.0-285.0 and 325.0-405.0 kHz will normally be assigned only to control towers and RCOs authorized to operate on at least one VHF frequency. The Commission may assign frequencies in these bands to entities that do not provide VHF service in cases where granting such an application will not adversely affect life and property in the air. ( c ) Frequencies listed in the introductory paragraph of this section are available to control towers and RCOs for communications with ground vehicles and aircraft on the ground. The antenna heights shall be restricted to the minimum necessary to achieve the required coverage. Channel spacing is 25 kHz. ( d ) 121.500 MHz: emergency and distress only. [ 53 FR 28940 , Aug. 1, 1988, as amended at 55 FR 30464 , July 26, 1990; 63 FR 68958 , Dec. 14, 1998; 69 FR 32886 , June 14, 2004; 71 FR 70680 , Dec. 6, 2006] § 87.423 Hours of operation. The control tower must render a communications service 24 hours a day unless the Commission determines, in coordination with the NTIA IRAC, that reduced hours of service will not adversely affect life and property in the air. [ 63 FR 68958 , Dec. 14, 1998] § 87.425 Interference. Control towers and RCOs must not cause harmful interference to control towers or RCOs at adjacent airports. If interference between adjacent control towers or RCOs exists, the Commission will direct the licensees how to eliminate the interference. [ 55 FR 30465 , July 26, 1990] Subpart P—Operational Fixed Stations § 87.445 Scope of service. An operational fixed station provides control, repeater or relay functions for its associated aeronautical station. § 87.447 Supplemental eligibility. An applicant for an operational fixed station must certify that: ( a ) The applicant is the licensee of an aeronautical land station in the aeronautical mobile service; and ( b ) Common carrier facilities are not available to satisfy the aeronautical station's requirements. [ 53 FR 28940 , Aug. 1, 1988, as amended at 63 FR 68958 , Dec. 14, 1998] § 87.449 Frequencies. The following frequencies in the 72-76 MHz band are assignable to operational fixed stations using vertical polarization, if no harmful interference is caused to TV reception on Channels 4 and 5. These frequencies are shared with the Land Mobile and the Maritime Mobile Services. Operational frequencies in the 72-76 MHz band Carrier frequency in MHz 72.02 72.04 72.06 72.08 72.10 72.12 72.14 72.16 72.18 72.20 72.22 72.24 72.26 72.28 72.30 72.32 72.34 72.36 72.38 72.40 72.42 72.46 72.50 72.54 72.58 72.62 72.64 72.66 72.68 72.70 72.72 72.74 72.76 72.78 72.80 72.82 72.84 72.86 72.88 72.90 72.92 72.94 72.96 72.98 75.42 75.46 75.50 75.54 75.58 75.62 75.64 75.66 75.68 75.70 75.72 75.74 75.76 75.78 75.80 75.82 75.84 75.86 75.88 75.90 75.92 75.94 75.96 75.98 § 87.451 Licensing limitations. Operational fixed stations are subject to the following licensing limitations: ( a ) A maximum of four frequencies will be assigned. ( b ) Stations will not be authorized when applications indicate less than 16 km (10 miles) separation between a proposed station and a TV transmitter operating on either Channel 4 or 5, or from the post office of a community in which either channel is assigned but not in operation. ( c ) Stations located between 16 km (10 miles) and 128 km (80 miles) of a TV transmitter operating on either Channel 4 or 5, or from the post office of a community in which either channel is assigned but not in operation, are secondary to TV operations within the Grade B service contour. [ 1 ] Footnotes - 87.451 [ 1 ] OET Bulletin No. 67, March 1988, entitled “Potential Interference from Operational Fixed Stations in the 72-76 MHz Band to Television Channels 4 and 5” describes an analytical model that can be used to calculate the potential interference that might result from a given fixed station operation. Copies of the bulletin may be obtained from the Commission's current duplication contractor. Information concerning the current duplication contractor may be obtained from the Office of Public Affairs, Consumer Assistance and Small Business Division, Telephone (202) 632-5050. Subpart Q—Stations in the Radiodetermination Service § 87.471 Scope of service. Stations in the aeronautical radiodetermination service provide radionavigation and radiolocation services. ( a ) Transmission by radionavigation land stations must be limited to aeronautical navigation, including obstruction warning. ( b ) Radionavigation land test stations are used for the testing and calibration of aircraft navigational aids and associated equipment. When used as radionavigation land test stations (MTF) signal generators must be licensed as radionavigation land test stations (MTF). Transmission must be limited to cases when radiation is necessary and there is no alternative. ( c ) Transmissions by emergency locator transmitter (ELT) test stations must be limited to necessary testing of ELTs and to training operations related to the use of such transmitters. [ 53 FR 28940 , Aug. 1, 1988, as amended at 58 FR 67696 , Dec. 22, 1993] § 87.473 Supplemental eligibility. ( a ) Licenses for radionavigation land test stations (MTF) will be granted only to applicants engaged in the development, manufacture or maintenance of aircraft radionavigation equipment. Licenses for radionavigation land test stations (OTF) will be granted only to applicants who agree to establish the facility at an airport for the use of the public. ( b ) Licenses for ELT test stations will be granted only to applicants to train personnel in the operation and location of ELTs, or for testing related to the manufacture or design of ELTs. [ 53 FR 28940 , Aug. 1, 1988, as amended at 63 FR 68958 , Dec. 14, 1998] § 87.475 Frequencies. ( a ) Frequency coordination. The Commission will assign frequencies to radionavigation land stations and radionavigation land test stations after coordination with the FAA. The applicant must notify the appropriate Regional Office of the FAA prior to submission to the Commission of an application for a new station or for modification of an existing station to change frequency, power, location or emission. Each application must include the FAA Regional Office notified and date of notification. ( b ) Frequencies available for radionavigation land stations. ( 1 ) LORAN-C is a long range navigation system which operates in the 90-110 kHz band. ( 2 ) Radiobeacon stations enable an aircraft station to determine bearing or direction in relation to the radiobeacon station. Radiobeacons operate in the bands 190-285 kHz; 325-435 kHz; 510-525 kHz; and 525-535 kHz. Radiobeacons may be authorized, primarily for off-shore use, in the band 525-535 kHz on a non-interference basis to travelers information stations. ( 3 ) Aeronautical marker beacon stations radiate a vertical distinctive pattern on 75 MHz which provides position information to aircraft. ( 4 ) The following table lists the specific frequencies in the 108.100-111.950 MHz band which are assignable to localizer stations with simultaneous radiotelephone channels and their associated glide path station frequency from the 328.600-335.400 MHz band. Localizer (MHz) Glide path (MHz) 108.100 334.700 108.150 334.550 108.300 334.100 108.350 333.950 108.500 329.900 108.550 329.750 108.700 330.500 108.750 330.350 108.900 329.300 108.950 329.150 109.100 331.400 109.150 331.250 109.300 332.000 109.350 331.850 109.500 332.600 109.550 332.450 109.700 333.200 109.750 333.050 109.900 333.800 109.950 333.650 110.100 334.400 110.150 334.250 110.300 335.000 110.350 334.850 110.500 329.600 110.550 329.450 110.700 330.200 110.750 330.050 110.900 330.800 110.950 330.650 111.100 331.700 111.150 331.550 111.300 332.300 111.350 332.150 111.500 332.900 111.550 332.750 111.700 333.500 111.750 333.350 111.900 331.100 111.950 330.950 ( 5 ) VHF omni-range (VOR) stations are to be assigned frequencies in the 112.050-117.950 MHz band (50 kHz channel spacing) and the following frequencies in the 108-112 MHz band: 108.200 108.250 108.400 108.450 108.600 108.650 108.800 108.850 109.000 109.050 109.200 109.250 109.400 109.450 109.600 109.650 109.800 109.850 110.000 110.050 110.200 110.250 110.400 110.450 110.600 110.650 110.800 110.850 111.000 111.050 111.200 111.250 111.400 111.450 111.600 111.650 111.800 111.850 112.000 ( 6 ) The band 960-1215 MHz is available for the use of land stations and associated airborne electronic aids to air navigation. When distance measuring equipment (DME) is intended to operate with a single VHF navigation station in the 108-117.975 MHz band, the DME operating channel must be paired with the VHF channel as shown in the following table: DME Channeling and Pairing [MHz] VHF channel Airborne interrogating frequency Ground reply frequency 108.000 1041.000 978.000 108.050 1041.000 1104.000 108.100 1042.000 979.000 108.150 1042.000 1105.000 108.200 1043.000 980.000 108.250 1043.000 1106.000 108.300 1044.000 981.000 108.350 1044.000 1107.000 108.400 1045.000 982.000 108.450 1045.000 1108.000 108.500 1046.000 983.000 108.550 1046.000 1109.000 108.600 1047.000 984.000 108.650 1047.000 1110.000 108.700 1048.000 985.000 108.750 1048.000 1111.000 108.800 1049.000 986.000 108.850 1049.000 1112.000 108.900 1050.000 987.000 108.950 1050.000 1113.000 109.000 1051.000 988.000 109.050 1051.000 1114.000 109.100 1052.000 989.000 109.150 1052.000 1115.000 109.200 1053.000 990.000 109.250 1053.000 1116.000 109.300 1054.000 991.000 109.350 1054.000 1117.000 109.400 1055.000 992.000 109.450 1055.000 1118.000 109.500 1056.000 993.000 109.550 1056.000 1119.000 109.600 1057.000 994.000 109.650 1057.000 1120.000 109.700 1058.000 995.000 109.750 1058.000 1121.000 109.800 1059.000 996.000 109.850 1059.000 1122.000 109.900 1060.000 997.000 109.950 1060.000 1123.000 110.000 1061.000 998.000 110.050 1061.000 1124.000 110.100 1062.000 999.000 110.150 1062.000 1125.000 110.200 1063.000 1000.000 110.250 1063.000 1126.000 110.300 1064.000 1001.000 110.350 1064.000 1127.000 110.400 1065.000 1002.000 110.450 1065.000 1128.000 110.500 1066.000 1003.000 110.550 1066.000 1129.000 110.600 1067.000 1004.000 110.650 1067.000 1130.000 110.700 1068.000 1005.000 110.750 1068.000 1131.000 110.800 1069.000 1006.000 110.850 1069.000 1132.000 110.900 1070.000 1007.000 110.950 1070.000 1133.000 111.000 1071.000 1008.000 111.050 1071.000 1134.000 111.100 1072.000 1009.000 111.150 1072.000 1135.000 111.200 1073.000 1010.000 111.250 1073.000 1136.000 111.300 1074.000 1011.000 111.350 1074.000 1137.000 111.400 1075.000 1012.000 111.450 1075.000 1138.000 111.500 1076.000 1013.000 111.550 1076.000 1139.000 111.600 1077.000 1014.000 111.650 1077.000 1140.000 111.700 1078.000 1015.000 111.750 1078.000 1141.000 111.800 1079.000 1016.000 111.850 1079.000 1142.000 111.900 1080.000 1017.000 111.950 1080.000 1143.000 112.000 1081.000 1018.000 112.050 1081.000 1144.000 112.100 1082.000 1019.000 112.150 1082.000 1145.000 112.200 1083.000 1020.000 112.250 1083.000 1146.000 112.300 1094.000 1157.000 112.350 1094.000 1031.000 112.400 1095.000 1158.000 112.450 1095.000 1032.000 112.500 1096.000 1159.000 112.550 1096.000 1033.000 112.600 1097.000 1160.000 112.650 1097.000 1034.000 112.700 1098.000 1161.000 112.750 1098.000 1035.000 112.800 1099.000 1162.000 112.850 1099.000 1036.000 112.900 1100.000 1163.000 112.950 1100.000 1037.000 113.000 1101.000 1164.000 113.050 1101.000 1038.000 113.100 1102.000 1165.000 113.150 1102.000 1039.000 113.200 1103.000 1166.000 113.250 1103.000 1040.000 113.300 1104.000 1167.000 113.350 1104.000 1041.000 113.400 1105.000 1168.000 113.450 1105.000 1042.000 113.500 1106.000 1169.000 113.550 1106.000 1043.000 113.600 1107.000 1170.000 113.650 1107.000 1044.000 113.700 1108.000 1171.000 113.750 1108.000 1045.000 113.800 1109.000 1172.000 113.850 1109.000 1046.000 113.900 1110.000 1173.000 113.950 1110.000 1047.000 114.000 1111.000 1174.000 114.050 1111.000 1048.000 114.100 1112.000 1175.000 114.150 1112.000 1049.000 114.200 1113.000 1176.000 114.250 1113.000 1050.000 114.300 1114.000 1177.000 114.350 1114.000 1051.000 114.400 1115.000 1178.000 114.450 1115.000 1052.000 114.500 1116.000 1179.000 114.550 1116.000 1053.000 114.600 1117.000 1180.000 114.650 1117.000 1054.000 114.700 1118.000 1181.000 114.750 1118.000 1055.000 114.800 1119.000 1182.000 114.850 1119.000 1056.000 114.900 1120.000 1183.000 114.950 1120.000 1057.000 115.000 1121.000 1184.000 115.050 1121.000 1058.000 115.100 1122.000 1185.000 115.150 1122.000 1059.000 115.200 1123.000 1186.000 115.250 1123.000 1060.000 115.300 1124.000 1187.000 115.350 1124.000 1061.000 115.400 1125.000 1188.000 115.450 1125.000 1062.000 115.500 1126.000 1189.000 115.550 1126.000 1063.000 115.600 1127.000 1190.000 115.650 1127.000 1064.000 115.700 1128.000 1191.000 115.750 1128.000 1065.000 115.800 1129.000 1192.000 115.850 1129.000 1066.000 115.900 1130.000 1193.000 115.950 1130.000 1067.000 116.000 1131.000 1194.000 116.050 1131.000 1068.000 116.100 1132.000 1195.000 116.150 1132.000 1069.000 116.200 1133.000 1196.000 116.250 1133.000 1070.000 116.300 1134.000 1197.000 116.350 1134.000 1071.000 116.400 1135.000 1198.000 116.450 1135.000 1072.000 116.500 1136.000 1199.000 116.550 1136.000 1073.000 116.600 1137.000 1200.000 116.650 1137.000 1074.000 116.700 1138.000 1201.000 116.750 1138.000 1075.000 116.800 1139.000 1202.000 116.850 1139.000 1076.000 116.900 1140.000 1203.000 116.950 1140.000 1077.000 117.000 1141.000 1204.000 117.050 1141.000 1078.000 117.100 1142.000 1205.000 117.150 1142.000 1079.000 117.200 1143.000 1206.000 117.250 1143.000 1080.000 117.300 1144.000 1207.000 117.350 1144.000 1081.000 117.400 1145.000 1208.000 117.450 1145.000 1082.000 117.500 1146.000 1209.000 117.550 1146.000 1083.000 117.600 1147.000 1210.000 117.650 1147.000 1084.000 117.700 1148.000 1211.000 117.750 1148.000 1085.000 117.800 1149.000 1212.000 117.850 1149.000 1086.000 117.900 1150.000 1213.000 117.950 1150.000 1087.000 ( 7 ) 978.0 MHz is authorized for Universal Access Transceiver service. ( 8 ) 1300-1350 MHz: The use of this band is restricted to surveillance radar stations and associated airborne transponders. ( 9 ) 1559-1626.5 MHz: The use of this band is limited to airborne electronic aids to air navigation and any associated land stations. ( 10 ) 2700-2900 MHz: Non-Government land-based radars may be licensed. U.S. Government coordination is required. Applicants must demonstrate a need for the service which the Government is not prepared to render. ( 11 ) 5000-5250 MHz: This band is to be used for the operation of the international standard system (microwave landing system). ( 12 ) 9000-9200 MHz: This band is available to land-based radars. Stations operating in this band may receive interference from stations operating in the radiolocation service. ( 13 ) 15,400-15,700 MHz: This band is available for use of land stations associated with airborne electronic aids to air navigation. ( 14 ) 24,250-25,250, 32,300-33,400 MHz: In these bands, land-based radionavigation aids are permitted where they operate with airborne radionavigation devices. ( c ) Frequencies available for radionavigation land test stations. ( 1 ) The frequencies set forth in §§ 87.187(c) , (e) through (j) , (r) , (t) , and (ff) ; and 87.475(b)(6) through (b)(11) may be assigned to radionavigation land test stations for the testing of aircraft transmitting equipment that normally operate on these frequencies and for the testing of land-based receiving equipment that operate with airborne radionavigation equipment. ( 2 ) The frequencies available for assignment to radionavigation land test stations for the testing of airborne receiving equipment are 108.000 and 108.050 MHz for VHF omni-range; 108.100 and 108.150 MHz for localizer; 334.550 and 334.700 MHz for glide slope; 978 and 979 MHz (X channel)/1104 MHz (Y channel) for DME; 978 MHz for Universal Access Transceiver; 1030 MHz for air traffic control radar beacon transponders; 1090 MHz for Traffic Alert and Collision Avoidance Systems (TCAS); and 5031.0 MHz for microwave landing systems. Additionally, the frequencies in paragraph (b) of this section may be assigned to radionavigation land test stations after coordination with the FAA. The following conditions apply:after coordination with the FAA. The following conditions apply: ( i ) The maximum power authorized on the frequencies 108.150 and 334.550 MHz is 1 milliwatt. The maximum power authorized on all other frequencies is one watt. ( ii ) The pulse repetition rate (PRR) of the 1030 MHz ATC radar beacon test set will be 235 pulses per second (pps) ±5pps. ( iii ) The assignment of 108.000 MHz is subject to the condition that no interference will be caused to the reception of FM broadcasting stations and stations using the frequency are not protected against interference from FM broadcasting stations. ( d ) Frequencies available for ELT test stations. The frequencies available for assignment to ELT test stations are 121.600, 121.650, 121.700, 121.750, 121.800, 121.850, and 121.900 MHz. Licensees must: ( 1 ) Not cause harmful interference to voice communications on these frequencies or any harmonically related frequency. ( 2 ) Coordinate with the appropriate FAA Regional Spectrum Management Office prior to each activation of the transmitter. ( e ) Frequencies available for differential GPS stations. Frequencies in the 112-118 MHz band may be assigned to Special Category I (SCAT-I) ground stations for differential GPS data links. ( 1 ) The frequencies available are on 25 kHz centers with the lowest assignable frequency being centered at 112.000 MHz and the highest assignable frequency being centered at 117.950 MHz. ( 2 ) Applicants must coordinate a frequency, time slot assignment, and three-letter identifier with the FAA and provide this information to the Commission upon application. [ 53 FR 28940 , Aug. 1, 1988, as amended at 54 FR 11721 , Mar. 22, 1989; 63 FR 68958 , Dec. 14, 1998; 64 FR 27476 , May 20, 1999; 69 FR 32886 , June 14, 2004; 71 FR 70680 , Dec. 6, 2006; 78 FR 61207 , Oct. 3, 2013] Editorial Note Editorial Note: At 80 FR 38911 , July 7, 2015, § 87.475 was amended by adding paragraphs (b)(11) and (14), however these paragraphs already existed, and the amendment could not be incorporated. § 87.477 Condition of grant for radionavigation land stations. Radionavigation land stations may be designated by the FAA as part of the National Airspace System. Stations so designated will be required to serve the public under IFT conditions. This condition of grant is applicable to all radionavigation land stations. § 87.479 Harmful interference to radionavigation land stations. ( a ) Military or other Government stations have been authorized to establish wide-band systems using frequency-hopping spread spectrum techniques in the 960-1215 MHz band. Authorization for a Joint Tactical Information Distribution Systems (JTIDS) has been permitted on the basis of non-interference to the established aeronautical radionavigation service in this band. In order to accommodate the requirements for the system within the band, restrictions are imposed. Transmissions will be automatically prevented if: ( 1 ) The frequency-hopping mode fails to distribute the JTIDS spectrum uniformly across the band; ( 2 ) The radiated pulse varies from the specified width of 6.4 microseconds ±5%; ( 3 ) The energy radiated within ±7 MHz of 1030 and 1090 MHz exceeds a level of 60 dB below the peak of the JTIDS spectrum as measured in a 300 kHz bandwidth. The JTIDS will be prohibited from transmitting if the time slot duty factor exceeds a 20 percent duty factor for any single user and a 40 percent composite duty factor for all JTIDS emitters in a geographic area. ( b ) If radionavigation systems operating in the 960-1215 MHz band experience interference or unexplained loss of equipment performance, the situation must be reported immediately to the nearest office of the FAA, the National Telecommunications and Information Administration, Washington, DC 20504, or the nearest Federal Communications Commission field office. The following information must be provided to the extent available: ( 1 ) Name, call sign and category of station experiencing the interference; ( 2 ) Date and time of occurrence; ( 3 ) Geographical location at time of occurrence; ( 4 ) Frequency interfered with; ( 5 ) Nature of interference; and ( 6 ) Other particulars. § 87.481 Unattended operation of domestic radiobeacon stations. ( a ) Radiobeacons may be licensed for unattended operation. An applicant must comply with the following: ( 1 ) The transmitter is crystal controlled and specifically designed for radiobeacon service and capable of transmitting by self-actuating means; ( 2 ) The emissions of the transmitter must be continuously monitored by a licensed operator, or by a direct positive automatic monitor, supplemented by aural monitoring at suitable intervals; ( 3 ) If as a result of aural monitoring it is determined that a deviation from the terms of the station license has occurred, the transmitters must be disabled immediately by a properly authorized person. If automatic monitoring is used, the monitor must insure that the operation of the transmitter meets the license terms or is disabled; ( 4 ) A properly authorized person must be able to reach the transmitter and disable it in a reasonable amount of time, so as not to adversely affect life or property in the air; ( 5 ) The equipment must be inspected at least every 180 days. Results of inspections must be kept in the station maintenance records; ( 6 ) The transmitter is not operable by or accessible to, other than authorized persons; ( 7 ) The transmitter is in a remote location. ( b ) Authority for unattended operation must be expressly stated in the station license. [ 53 FR 28940 , Aug. 1, 1988, as amended at 63 FR 68958 , Dec. 14, 1998] § 87.483 Audio visual warning systems. An audio visual warning system (AVWS) is a radar-based obstacle avoidance system. AVWS activates obstruction lighting and transmits VHF audible warnings to alert pilots of potential collisions with land-based obstructions. The AVWS operations are limited to locations where natural and man-made obstructions exist. The continuously operating radar calculates the location, direction and groundspeed of nearby aircraft that enter one of two warning zones reasonably established by the licensee. As aircraft enter the first warning zone, the AVWS activates obstruction lighting. If the aircraft continues toward the obstacle and enters the second warning zone, the VHF radio transmits an audible warning describing the obstacle. ( a ) Radiodetermination (radar) frequencies. Frequencies authorized under § 87.475(b)(8) of this chapter are available for use by an AVWS. The frequency coordination requirements in § 87.475(a) of this chapter apply. ( b ) VHF audible warning frequencies. Frequencies authorized under § 87.187(j) , § 87.217(a) , § 87.241(b) , and § 87.323(b) (excluding 121.950 MHz) of this chapter are available for use by an AVWS. Multiple frequencies may be authorized for an individual station, depending on need and the use of frequencies assigned in the vicinity of a proposed AVWS facility. Use of these frequencies is subject to the following limitations: ( 1 ) The output power shall not exceed −3 dBm watts for each frequency authorized. ( 2 ) The antenna used in transmitting the audible warnings must be omnidirectional with a maximum gain equal to or lower than a half-wave centerfed dipole above 30 degrees elevation, and a maximum gain of + 5 dBi from horizontal up to 30 degrees elevation. ( 3 ) The audible warning shall not exceed two seconds in duration. No more than six audible warnings may be transmitted in a single transmit cycle, which shall not exceed 12 seconds in duration. An interval of at least twenty seconds must occur between transmit cycles. [ 78 FR 61207 , Oct. 3, 2013] Subpart R [Reserved] Subpart S—Automatic Weather Stations (AWOS/ASOS) § 87.525 Scope of service. Automatic weather observation stations (AWOS) and automatic surface observation stations (ASOS) must provide up-to-date weather information including the time of the latest weather sequence, altimeter setting, wind speed and direction, dew point, temperature, visibility and other pertinent data needed at airports having neither a full-time control tower nor a full-time FAA Flight Service Station. When a licensee has entered into an agreement with the FAA, an AWOS or an ASOS may also operate as an automatic terminal information station (ATIS) during the control tower's operating hours. [ 64 FR 27476 , May 20, 1999] § 87.527 Supplemental eligibility. ( a ) Licenses will be granted only upon FAA approval. ( b ) Eligibility for an AWOS, an ASOS, or an ATIS is limited to the owner or operator of an airport or to a person who has entered into a written agreement with the owner or operator for exclusive rights to operate and maintain the station. Where applicable a copy of the agreement between the applicant and owner or operator of the airport must be submitted with an application. ( c ) Only one AWOS, ASOS, or ATIS will be licensed at an airport. [ 53 FR 28940 , Aug. 1, 1988, as amended at 64 FR 27476 , May 20, 1999] § 87.529 Frequencies. Prior to submitting an application, each applicant must notify the applicable FAA Regional Frequency Management Office. Each application must be accompanied by a statement showing the name of the FAA Regional Office and date notified. The Commission will assign the frequency. Normally, frequencies available for air traffic control operations set forth in subpart E will be assigned to an AWOS, ASOS, or to an ATIS. When a licensee has entered into an agreement with the FAA to operate the same station as both an AWOS and as an ATIS, or as an ASOS and an ATIS, the same frequency will be used in both modes of operation. [ 69 FR 52886 , June 14, 2004]
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PART 63—EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE, REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS Authority: 47 U.S.C. 151 , 154(i) , 154(j) , 160 , 201-205 , 214 , 218 , 403 , 571 , unless otherwise noted. Source: 28 FR 13229 , Dec. 5, 1963, unless otherwise noted. Extensions and Supplements § 63.01 Authority for all domestic common carriers. ( a ) Any party that would be a domestic interstate communications common carrier is authorized to provide domestic, interstate services to any domestic point and to construct or operate any domestic transmission line as long as it obtains all necessary authorizations from the Commission for use of radio frequencies. ( b ) Domestic common carriers subject to this section shall not engage in any line construction that may have a significant effect on the environment as defined in § 1.1307 of this chapter without prior compliance with the Commission's environmental rules. See § 1.1312 of this chapter . [ 64 FR 39939 , July 23, 1999, as amended at 67 FR 18830 , Apr. 17, 2002] § 63.02 Exemptions for extensions of lines and for systems for the delivery of video programming. ( a ) Any common carrier is exempt from the requirements of section 214 of the Communications Act of 1934, as amended, for the extension of any line. ( b ) A common carrier shall not be required to obtain a certificate under section 214 of the Communications Act of 1934 with respect to the establishment or operation of a system for the delivery of video programming. [ 64 FR 39939 , July 23, 1999] § 63.03 Streamlining procedures for domestic transfer of control applications. Any domestic carrier that seeks to transfer control of lines or authorization to operate pursuant to section 214 of the Communications Act of 1934, as amended, shall be subject to the following procedures: ( a ) Public notice and review period. Upon determination by the Common Carrier Bureau that the applicants have filed a complete application and that the application is appropriate for streamlined treatment, the Common Carrier Bureau will issue a public notice stating that the application has been accepted for filing as a streamlined application. Unless otherwise notified by the Commission, an applicant is permitted to transfer control of the domestic lines or authorization to operate on the 31st day after the date of public notice listing a domestic section 214 transfer of control application as accepted for filing as a streamlined application, but only in accordance with the operations proposed in its application. Comments on streamlined applications may be filed during the first 14 days following public notice, and reply comments may be filed during the first 21 days following public notice, unless the public notice specifies a different pleading cycle. All comments on streamlined applications shall be filed electronically, and shall satisfy such other filing requirements as may be specified in the public notice. ( b ) Presumptive streamlined categories. ( 1 ) The streamlined procedures provided in this rule shall be presumed to apply to all transfer of control applications in which: ( i ) Both applicants are non-facilities-based carriers; ( ii ) The transferee is not a telecommunications provider; or ( iii ) The proposed transaction involves only the transfer of the local exchange assets of an incumbent LEC by means other than an acquisition of corporate control. ( 2 ) Where a proposed transaction would result in a transferee having a market share in the interstate, interexchange market of less than 10 percent, and the transferee would provide competitive telephone exchange services or exchange access services (if at all) exclusively in geographic areas served by a dominant local exchange carrier that is not a party to the transaction, the streamlined procedures provided in this rule shall be presumed to apply to transfer of control applications in which: ( i ) Neither of the applicants is dominant with respect to any service; ( ii ) The applicants are a dominant carrier and a non-dominant carrier that provides services exclusively outside the geographic area where the dominant carrier is dominant; or ( iii ) The applicants are incumbent independent local exchange carriers (as defined in § 64.1902 of this chapter ) that have, in combination, fewer than two (2) percent of the nation's subscriber lines installed in the aggregate nationwide, and no overlapping or adjacent service areas. ( 3 ) For purposes of (b)(1) and (2) of this paragraph, the terms “applicant,” “carrier,” “party,” and “transferee” (and their plural forms) include any affiliates of such entities within the meaning of section 3(1) of the Communications Act of 1934, as amended. ( c ) Removal of application from streamlined processing. ( 1 ) At any time after an application is filed, the Commission, acting through the Chief of the Wireline Competition Bureau, may notify an applicant that its application is being removed from streamlined processing, or will not be subject to streamlined processing. Examples of appropriate circumstances for such action are: ( i ) An application is associated with a non-routine request for waiver of the Commission's rules; ( ii ) An application would, on its face, violate a Commission rule or the Communications Act; ( iii ) An applicant fails to respond promptly to Commission inquiries; ( iv ) Timely-filed comments on the application raise public interest concerns that require further Commission review; or ( v ) The Commission, acting through the Chief of the Wireline Competition Bureau, otherwise determines that the application requires further analysis to determine whether a proposed transfer of control would serve the public interest. ( 2 ) Notification will be by public notice that states the reason for removal or non-streamlined treatment, and indicates the expected timeframe for Commission action on the application. Except in extraordinary circumstances, final action on the application should be expected no later than 180 days from public notice that the application has been accepted for filing. ( d ) Pro forma transactions. ( 1 ) Any party that would be a domestic common carrier under section 214 of the Communications Act of 1934, as amended, is authorized to undertake any corporate restructuring, reorganization or liquidation of internal business operations that does not result in a change in ultimate ownership or control of the carrier's lines or authorization to operate, including transfers in bankruptcy proceedings to a trustee or to the carrier itself as a debtor-in-possession. [ 1 ] Under this rule, a transfer of control of a domestic line or authorization to operate is considered pro forma when, together with all previous internal corporate restructurings, the transaction does not result in a change in the carrier's ultimate ownership or control, or otherwise falls into one of the illustrative categories found in § 63.24 of this part governing transfers of control of international carriers under section 214 of the Communications Act of 1934, as amended. ( 2 ) Any party that would be a domestic common carrier under section 214 of the Communications Act of 1934, as amended, must notify the Commission no later than 30 days after control of the carrier is transferred to a trustee under Chapter 7 of the Bankruptcy Code, a debtor-in-possession under Chapter 11 of the Bankruptcy Code, or any other party pursuant to any applicable chapter of the Bankruptcy Code when that transfer does not result in a change in ultimate ownership or control of the carrier's lines or authorization to operate. The notification can be in the form of a letter (in duplicate to the Secretary). The letter or other form of notification must also contain the information listed in paragraphs (a)(1) through (a)(4) in § 63.04 . A single letter may be filed for more than one such transfer of control. If a carrier files a discontinuance request within 30 days of the transfer in bankruptcy, the Commission will treat the discontinuance request as sufficient to fulfill the pro forma post-transaction notice requirement. ( 3 ) Notwithstanding any other provision in this part, any party that would be a domestic common carrier under section 214 of the Communications Act of 1934, as amended, including a carrier that begins providing service through a differently named subsidiary after an internal corporate restructuring, remains subject to all applicable conditions of service after an internal restructuring, such as rules governing slamming and tariffing. [ 67 FR 18831 , Apr. 17, 2002; 67 FR 21803 , May 1, 2002] Footnotes - 63.03 [ 1 ] “Control” includes actual working control in whatever manner exercised and is not limited to majority stock ownership. “Control” also includes direct or indirect ownership or control, such as through intervening subsidiaries. See 47 CFR 63.09 . § 63.04 Filing procedures for domestic transfer of control applications Cross Reference Link to an amendment published at 85 FR 76385 , Nov. 27, 2020. ( a ) Domestic services only. A carrier seeking domestic section 214 authorization for transfer of control should file an application containing: ( 1 ) The name, address and telephone number of each applicant; ( 2 ) The government, state, or territory under the laws of which each corporate or partnership applicant is organized; ( 3 ) The name, title, post office address, and telephone number of the officer or contact point, such as legal counsel, to whom correspondence concerning the application is to be addressed; ( 4 ) The name, address, citizenship and principal business of any person or entity that directly or indirectly owns at least ten (10) percent of the equity of the applicant, and the percentage of equity owned by each of those entities (to the nearest one (1) percent); ( 5 ) Certification pursuant to §§ 1.2001 through 1.2003 of this chapter that no party to the application is subject to a denial of Federal benefits pursuant to section 5301 of the Anti-Drug Abuse Act of 1988. See 21 U.S.C. 853 . ( 6 ) A description of the transaction; ( 7 ) A description of the geographic areas in which the transferor and transferee (and their affiliates) offer domestic telecommunications services, and what services are provided in each area; ( 8 ) A statement as to how the application fits into one or more of the presumptive streamlined categories in this section or why it is otherwise appropriate for streamlined treatment; ( 9 ) Identification of all other Commission applications related to the same transaction; ( 10 ) A statement of whether the applicants are requesting special consideration because either party to the transaction is facing imminent business failure; ( 11 ) Identification of any separately filed waiver requests being sought in conjunction with the transaction; and ( 12 ) A statement showing how grant of the application will serve the public interest, convenience and necessity, including any additional information that may be necessary to show the effect of the proposed transaction on competition in domestic markets. ( b ) Domestic/International applications for transfers of control. Where an applicant wishes to file a joint international section 214 transfer of control application and domestic section 214 transfer of control application, the applicant should submit information that satisfies the requirements of § 63.18 , which specifies the contents of applications for international authorizations, together with filing fees that satisfy (and are in accordance with filing procedures applicable to) both §§ 1.1105 and 1.1107 of this chapter . In an attachment to the international application, the applicant should submit the information described in paragraphs (a)(6) through (a)(12) of this section. [ 67 FR 18832 , Apr. 17, 2002] § 63.09 Definitions applicable to international Section 214 authorizations. The following definitions shall apply to §§ 63.09-63.24 of this part , unless the context indicates otherwise: ( a ) Facilities-based carrier means a carrier that holds an ownership, indefeasible-right-of-user, or leasehold interest in bare capacity in the U.S. end of an international facility, regardless of whether the underlying facility is a common carrier or non-common carrier submarine cable or a satellite system. ( b ) Control includes actual working control in whatever manner exercised and is not limited to majority stock ownership. Control also includes direct or indirect control, such as through intervening subsidiaries. ( c ) Special concession is defined as in § 63.14(b) of this part . ( d ) Foreign carrier is defined as any entity that is authorized within a foreign country to engage in the provision of international telecommunications services offered to the public in that country within the meaning of the International Telecommunication Regulations, see Final Acts of the World Administrative Telegraph and Telephone Conference, Melbourne, 1988 (WATTC-88), Art. 1, which includes entities authorized to engage in the provision of domestic telecommunications services if such carriers have the ability to originate or terminate telecommunications services to or from points outside their country. ( e ) Two entities are affiliated with each other if one of them, or an entity that controls one of them, directly or indirectly owns more than 25 percent of the capital stock of, or controls, the other one. Also, a U.S. carrier is affiliated with two or more foreign carriers if the foreign carriers, or entities that control them, together directly or indirectly own more than 25 percent of the capital stock of, or control, the U.S. carrier and those foreign carriers are parties to, or the beneficiaries of, a contractual relation (e.g., a joint venture or market alliance) affecting the provision or marketing of international basic telecommunications services in the United States. ( f ) Market power means sufficient market power to affect competition adversely in the U.S. market. ( g ) As used in this part, the term: ( 1 ) Interlocking directorates shall mean persons or entities who perform the duties of “officer or director” in an authorized U.S. international carrier or an applicant for international Section 214 authorization who also performs such duties for any foreign carrier. ( 2 ) Officer or director shall include the duties, or any of the duties, ordinarily performed by a director, president, vice president, secretary, treasurer, or other officer of a carrier. Note 1: The assessment of “capital stock” ownership will be made under the standards developed in Commission case law for determining such ownership. See, e.g., Fox Television Stations, Inc., 10 FCC Rcd 8452 (1995). “Capital stock” includes all forms of equity ownership, including partnership interests. Note 2: Ownership and other interests in U.S. and foreign carriers will be attributed to their holders and deemed cognizable pursuant to the following criteria: Attribution of ownership interests in a carrier that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that wherever the ownership percentage for any link in the chain that is equal to or exceeds 50 percent or represents actual control, it shall be treated as if it were a 100 percent interest. For example, if A owns 30 percent of company X, which owns 60 percent of company Y, which owns 26 percent of “carrier,”' then X's interest in “carrier”' would be 26 percent (the same as Y's interest because X's interest in Y exceeds 50 percent), and A's interest in “carrier”' would be 7.8 percent (0.30 × 0.26 because A's interest in X is less than 50 percent). Under the 25 percent attribution benchmark, X's interest in “carrier”' would be cognizable, while A's interest would not be cognizable. [ 64 FR 19062 , Apr. 19, 1999, as amended at 65 FR 60116 , Oct. 10, 2000; 67 FR 45390 , July 9, 2002] § 63.10 Regulatory classification of U.S. international carriers. ( a ) Unless otherwise determined by the Commission, any party authorized to provide an international communications service under this part shall be classified as either dominant or non-dominant for the provision of particular international communications services on particular routes as set forth in this section. The rules set forth in this section shall also apply to determinations of regulatory status pursuant to §§ 63.11 and 63.13 . For purposes of paragraphs (a)(2) and (a)(3) of this section, the relevant markets on the foreign end of a U.S. international route include: international transport facilities or services, including cable landing station access and backhaul facilities; inter-city facilities or services; and local access facilities or services on the foreign end of a particular route. ( 1 ) A U.S. carrier that has no affiliation with, and that itself is not, a foreign carrier in a particular country to which it provides service (i.e., a destination country) shall presumptively be considered non-dominant for the provision of international communications services on that route; ( 2 ) Except as provided in paragraph (a)(4) of this section, a U.S. carrier that is, or that has or acquires an affiliation with a foreign carrier that is a monopoly provider of communications services in a relevant market in a destination country shall presumptively be classified as dominant for the provision of international communications services on that route; and ( 3 ) A U.S. carrier that is, or that has or acquires an affiliation with a foreign carrier that is not a monopoly provider of communications services in a relevant market in a destination country and that seeks to be regulated as non-dominant on that route bears the burden of submitting information to the Commission sufficient to demonstrate that its foreign affiliate lacks sufficient market power on the foreign end of the route to affect competition adversely in the U.S. market. If the U.S. carrier demonstrates that the foreign affiliate lacks 50 percent market share in the international transport and the local access markets on the foreign end of the route, the U.S. carrier shall presumptively be classified as non-dominant. ( 4 ) A carrier that is authorized under this part to provide to a particular destination an international switched service, and that provides such service solely through the resale of an unaffiliated U.S. facilities-based carrier's international switched services (either directly or indirectly through the resale of another U.S. resale carrier's international switched services), shall presumptively be classified as non-dominant for the provision of the authorized service. A carrier regulated as non-dominant pursuant to this subparagraph shall notify the Commission at any time that it begins to provide such service through the resale of an affiliated U.S. facilities-based carrier's international switched services. The carrier will be deemed a dominant carrier on the route absent a Commission finding that the carrier otherwise qualifies for non-dominant regulation pursuant to this section. ( b ) Any party that seeks to defeat the presumptions in paragraph (a) of this section shall bear the burden of proof upon any issue it raises as to the proper classification of the U.S. carrier. ( c ) Any carrier classified as dominant for the provision of particular services on particular routes under this section shall comply with the following requirements in its provision of such services on each such route: ( 1 ) Provide services as an entity that is separate from its foreign carrier affiliate, in compliance with the following requirements: ( i ) The authorized carrier shall maintain separate books of account from its affiliated foreign carrier. These separate books of account do not need to comply with part 32 of this chapter ; and ( ii ) The authorized carrier shall not jointly own transmission or switching facilities with its affiliated foreign carrier. Nothing in this section prohibits the U.S. carrier from sharing personnel or other resources or assets with its foreign affiliate; ( 2 ) File quarterly reports on traffic and revenue within 90 days from the end of each calendar quarter. Such reports shall include the minutes completed on foreign networks; settlement payouts for call completion on foreign networks; foreign-billed minutes; and foreign-billed settlement receipts. ( 3 ) File quarterly reports summarizing the provisioning and maintenance of all basic network facilities and services procured from its foreign carrier affiliate or from an allied foreign carrier, including, but not limited to, those it procures on behalf of customers of any joint venture for the provision of U.S. basic or enhanced services in which the authorized carrier and the foreign carrier participate, within 90 days from the end of each calendar quarter. These reports should contain the following: the types of circuits and services provided; the average time intervals between order and delivery; the number of outages and intervals between fault report and service restoration; and for circuits used to provide international switched service, the percentage of “peak hour” calls that failed to complete; ( 4 ) In the case of an authorized facilities-based carrier, file quarterly, within 90 days from the end of each calendar quarter, a report of its active and idle 64 kbps or equivalent circuits by facility (terrestrial, satellite and submarine cable). ( 5 ) If authorized to provide facilities-based service, comply with paragraph (e) of this section. ( d ) A carrier classified as dominant under this section shall file electronically each report required by paragraphs (c)(2) through (4) of this section in the International Communications Filing System (ICFS). Each report filed in ICFS shall clearly identify the report as responsive to paragraph of (c) of this section. ( e ) Except as otherwise ordered by the Commission, a carrier that is classified as dominant under this section for the provision of facilities-based services on a particular route and that is affiliated with a carrier that collects settlement payments for terminating U.S. international switched traffic at the foreign end of that route may not provide switched facilities-based service on that route unless the current rates the affiliate charges U.S. international carriers to terminate traffic are at or below the Commission's relevant benchmark adopted in IB Docket No. 96-261. See FCC 97-280 (rel. Aug. 18, 1997) (available at the FCC's Reference Information Center located at the address indicated in § 0.401(a) and on the FCC's website at https://www.fcc.gov ). [ 62 FR 64752 , Dec. 9, 1997, as amended at 64 FR 19062 , Apr. 19, 1999; 64 FR 46593 , Aug. 26, 1999; 64 FR 47702 , Sept. 1, 1999; 66 FR 16881 , Mar. 28, 2001; 67 FR 45390 , July 9, 2002; 78 FR 15623 , Mar. 12, 2013; 82 FR 55331 , Nov. 21, 2017; 86 FR 54399 , Oct. 1, 2021; 88 FR 21443 , Apr. 10, 2023] § 63.11 Notification by and prior approval for U.S. international carriers that are or propose to become affiliated with a foreign carrier. If a carrier is authorized by the Commission (“authorized carrier”) to provide service between the United States and a particular foreign destination market and it becomes, or seeks to become, affiliated with a foreign carrier that is authorized to operate in that market, then its authorization to provide that international service is conditioned upon notifying the Commission of that affiliation. ( a ) Affiliations requiring prior notification. Except as provided in paragraph (b) of this section, the authorized carrier must notify the Commission, pursuant to this section, forty-five days before consummation of either of the following types of transactions: ( 1 ) Acquisition by the authorized carrier, or by any entity that controls the authorized carrier, or by any entity that directly or indirectly owns more than twenty-five percent of the capital stock of the authorized carrier, of a controlling interest in a foreign carrier that is authorized to operate in a market that the carrier is authorized to serve; or ( 2 ) Acquisition of a direct or indirect interest greater than twenty-five percent, or of a controlling interest, in the capital stock of the authorized carrier by a foreign carrier that is authorized to operate in a market that the authorized carrier is authorized to serve, or by an entity that controls such a foreign carrier. ( b ) Exceptions. ( 1 ) Notwithstanding paragraph (a) of this section, the notification required by this section need not be filed before consummation, and may instead be filed pursuant to paragraph (c) of this section, if either of the following is true with respect to the named foreign carrier regardless of whether that foreign carrier is authorized to operate in a World Trade Organization (WTO) or non-WTO Member: ( i ) The Commission has previously determined in an adjudication that the foreign carrier lacks market power in that destination market (for example, in an international section 214 application or a declaratory ruling proceeding); or ( ii ) The foreign carrier owns no facilities in that destination market. For this purpose, a carrier is said to own facilities if it holds an ownership, indefeasible-right-of-user, or leasehold interest in bare capacity in international or domestic telecommunications facilities (excluding switches). ( 2 ) In the event paragraph (b)(1) of this section cannot be satisfied, notwithstanding paragraph (a) of this section, the notification required by this section need not be filed before consummation, and may instead be filed pursuant to paragraph (c) of this section, if the authorized carrier certifies that the named foreign carrier is authorized to operate in a WTO Member and provides certification to satisfy either of the following: ( i ) The authorized carrier demonstrates that it is entitled to retain non-dominant classification on its newly affiliated route pursuant to § 63.10 ; or ( ii ) The authorized carrier agrees to comply with the dominant carrier safeguards contained in § 63.10 effective upon the acquisition of the affiliation. See § 63.10 . ( c ) Notification after consummation. Any authorized carrier that becomes affiliated with a foreign carrier and has not previously notified the Commission pursuant to this section shall notify the Commission within thirty days after consummation of the acquisition. Example 1 to paragraph (c). Acquisition by an authorized carrier (or by any entity that directly or indirectly controls, is controlled by, or is under direct or indirect common control with the authorized carrier) of a direct or indirect interest in a foreign carrier that is greater than twenty-five percent but not controlling is subject to paragraph (c) but not to paragraph (a). Example 2 to paragraph (c). Notification of an acquisition by an authorized carrier of a hundred percent interest in a foreign carrier may be made after consummation, pursuant to paragraph (c), if the foreign carrier operates only as a resale carrier. Example 3 to paragraph (c). Notification of an acquisition by a foreign carrier from a WTO Member of a greater than twenty-five percent interest in the capital stock of an authorized carrier may be made after consummation, pursuant to paragraph (c) of this section, if the authorized carrier demonstrates in the post-notification that it qualifies for non-dominant classification on the affiliated route or agrees to comply with dominant carrier safeguards on the affiliated route effective upon the acquisition of the affiliation. ( d ) Cross-reference : In the event a transaction requiring a foreign carrier notification pursuant to this section also requires a transfer of control of assignment application pursuant to § 63.24 , the foreign carrier notification shall reference in the notification the transfer of control of assignment application and the date of its filing. ( e ) Contents of notification. The notification shall certify the following information: ( 1 ) The name of the newly affiliated foreign carrier and the country or countries in which it is authorized to provide telecommunications services to the public; ( 2 ) Which, if any, of those countries is a Member of the World Trade Organization; ( 3 ) What services the authorized carrier is authorized to provide to each named country, and the FCC file numbers under which each such authorization was granted; ( 4 ) Which, if any, of those countries the authorized carrier serves solely through the resale of the international switched services of unaffiliated U.S. facilities-based carriers; ( 5 ) The name, address, citizenship, and principal business of any person or entity that directly or indirectly owns at least ten (10) percent of the equity of the authorized carrier, and the percentage of equity owned by each of those entities (to the nearest one percent); ( 6 ) A certification that the authorized carrier has not agreed to and will not in the future agree to accept special concessions directly or indirectly from any foreign carrier with respect to any U.S. international route where the foreign carrier possesses market power on the foreign end of the route; and ( 7 ) Interlocking directorates. The name of any interlocking directorates, as defined in § 63.09(g) , with each foreign carrier named in the notification. See § 63.09(g) . ( 8 ) With respect to each foreign carrier named in the notification, a statement as to whether the notification is subject to paragraph (a) or (c) of this section. In the case of a notification subject to paragraph (a) of this section, the authorized carrier shall include the projected date of closing. In the case of a notification subject to paragraph (c) of this section, the authorized carrier shall include the actual date of closing. ( 9 ) If an authorized carrier relies on an exception in paragraph (b) of this section, then a certification as to which exception the foreign carrier satisfies and a citation to any adjudication upon which the carrier is relying. Authorized carriers relying upon the exceptions in paragraph (b)(2) of this section must make the required certified demonstration in paragraph (b)(2)(i) of this section or the certified commitment to comply with dominant carrier safeguards in paragraph (b)(2)(ii) of this section in the notification required by paragraph (c) of this section. ( f ) In order to retain non-dominant status on each newly affiliated route, the authorized carrier should demonstrate that it qualifies for non-dominant classification pursuant to § 63.10 . See § 63.10 . ( g ) Procedure. After the Commission issues a public notice of the submissions made under this section, interested parties may file comments within fourteen days of the public notice. ( 1 ) If the Commission deems it necessary at any time before or after the deadline for submission of public comments, the Commission may impose dominant carrier regulation on the authorized carrier for the affiliated routes based on the provisions of § 63.10 . See § 63.10 . ( 2 ) In the case of a prior notification filed pursuant to paragraph (a) of this section, the U.S. authorized carrier must demonstrate that it continues to serve the public interest for it to operate on the route for which it proposes to acquire an affiliation with the foreign carrier authorized to operate in the non-WTO Member country. Such a showing shall include a demonstration as to whether the foreign carrier lacks market power in the non-WTO Member country with reference to the criteria in § 63.10(a) of this chapter . If the U.S. authorized carrier is unable to make the required showing in § 63.10(a) of this chapter , the U.S. authorized carrier shall agree to comply with the dominant carrier safeguards contained in § 63.10(c) of this chapter , effective upon the acquisition of the affiliation. If the U.S. authorized carrier is notified by the Commission that the affiliation may otherwise harm the public interest pursuant to the Commission's policies and rules, then the Commission may impose conditions necessary to address any public interest harms or may proceed to an immediate authorization revocation hearing. Note to paragraph ( g )(2): Under § 63.10(a) of this chapter , the Commission presumes, subject to rebuttal, that a foreign carrier lacks market power in a particular foreign country if the applicant demonstrates that the foreign carrier lacks 50 percent market share in international transport facilities or services, including cable landing station access and backhaul facilities, intercity facilities or services, and local access facilities or services on the foreign end of a particular route. ( h ) All authorized carriers are responsible for the continuing accuracy of information provided pursuant to this section for a period of forty-five (45) days after filing. During this period if the information furnished is no longer accurate, the authorized carrier shall as promptly as possible, and in any event within ten (10) days, unless good cause is shown, file with the Commission a corrected notification referencing the FCC file numbers under which the original notification was provided, except that the carrier shall immediately inform the Commission, if at any time, not limited to the forty-five (45) days, the representations in the “special concessions” certification provided under paragraph (e)(6) of this section or § 63.18(n) are no longer true. See § 63.18(n) . ( i ) A carrier that files a prior notification pursuant to paragraph (a) of this section may request confidential treatment of its filing, pursuant to § 0.459 of this chapter , for the first twenty (20) days after filing. ( j ) Subject to the availability of electronic forms, notifications described in this section must be filed electronically through the International Communications Filing System (ICFS). A list of forms that are available for electronic filing can be found on the ICFS homepage. For information on electronic filing requirements, see §§ 1.10000 through 1.10018 of this chapter and the ICFS homepage at https://www.fcc.gov/icfs . See also §§ 63.20 and 63.53 . [ 65 FR 60116 , Oct. 10, 2000, as amended at 68 FR 50973 , Aug. 25, 2003; 69 FR 29901 , May 26, 2004; 70 FR 38798 , July 6, 2005; 79 FR 31877 , June 3, 2014; 88 FR 21443 , Apr. 10, 2023] § 63.12 Processing of international Section 214 applications. Cross Reference Link to an amendment published at 85 FR 76385 , Nov. 27, 2020. ( a ) Except as provided by paragraph (c) of this section, a complete application seeking authorization under § 63.18 of this part shall be granted by the Commission 14 days after the date of public notice listing the application as accepted for filing. ( b ) The applicant may commence operation on the 15th day after the date of public notice listing the application as accepted for filing, but only in accordance with the operations proposed in its application and the rules, regulations, and policies of the Commission. The public notice of the grant of the authorization shall represent the applicant's Section 214 certificate. ( c ) The streamlined processing procedures provided by paragraphs (a) and (b) of this section shall not apply where: ( 1 ) The applicant is affiliated with a foreign carrier in a destination market, unless the applicant clearly demonstrates in its application at least one of the following: ( i ) The Commission has previously determined that the affiliated foreign carrier lacks market power in that destination market; ( ii ) The applicant qualifies for a presumption of non-dominance under § 63.10(a)(3) ; ( iii ) The affiliated foreign carrier owns no facilities, or only mobile wireless facilities, in that destination market. For this purpose, a carrier is said to own facilities if it holds an ownership, indefeasible-right-of-user, or leasehold interest in bare capacity in international or domestic telecommunications facilities (excluding switches); ( iv ) The affiliated destination market is a WTO Member country and the applicant qualifies for a presumption of non-dominance under § 63.10(a)(4)of this part ; ( v ) The affiliated destination market is a WTO Member country and the applicant agrees to be classified as a dominant carrier to the affiliated destination country under § 63.10 , without prejudice to its right to petition for reclassification at a later date; or ( vi ) An entity with exactly the same ultimate ownership as the applicant has been authorized to provide the applied-for services on the affiliated destination route, and the applicant agrees to be subject to all of the conditions to which the authorized carrier is subject for its provision of service on that route; or ( 2 ) The applicant has an affiliation with a dominant U.S. carrier whose international switched or private line services the applicant seeks authority to resell (either directly or indirectly through the resale of another reseller's services), unless the applicant agrees to be classified as a dominant carrier to the affiliated destination country under § 63.10 (without prejudice to its right to petition for reclassification at a later date); or ( 3 ) The Commission has informed the applicant in writing, within 14 days after the date of public notice listing the application as accepted for filing, that the application is not eligible for streamlined processing. ( d ) If an application is deemed complete but, pursuant to paragraph (c) of this section, is deemed ineligible for the streamlined processing procedures provided by paragraphs (a) and (b) of this section, the Commission will issue public notice indicating that the application is ineligible for streamlined processing. Within 90 days of the public notice, the Commission will take action upon the application or provide public notice that, because the application raises questions of extraordinary complexity, an additional 90-day period for review is needed. Each successive 90-day period may be so extended. The application shall not be deemed granted until the Commission affirmatively acts upon the application. Operation for which such authorization is sought may not commence except in accordance with any terms or conditions imposed by the Commission. [ 62 FR 64753 , Dec. 9, 1997, as amended at 64 FR 19063 , Apr. 19, 1999; 64 FR 22903 , Apr. 28, 1999; 64 FR 43095 , Aug. 9, 1999; 69 FR 23154 , Apr. 28, 2004] § 63.13 Procedures for modifying regulatory classification of U.S. international carriers from dominant to non-dominant. Any party that desires to modify its regulatory status from dominant to non-dominant for the provision of particular international communications services on a particular route should provide information in its application to demonstrate that it qualifies for non-dominant classification pursuant to § 63.10 . [ 62 FR 64754 , Dec. 9, 1997] § 63.14 Prohibition on agreeing to accept special concessions. ( a ) Any carrier authorized to provide international communications service under this part shall be prohibited, except as provided in paragraph (c) of this section, from agreeing to accept special concessions directly or indirectly from any foreign carrier with respect to any U.S. international route where the foreign carrier possesses sufficient market power on the foreign end of the route to affect competition adversely in the U.S. market and from agreeing to accept special concessions in the future. Carriers may rely on the Commission's list of foreign carriers that do not qualify for the presumption that they lack market power in particular foreign points for purposes of determining which foreign carriers are the subject of the prohibitions contained in this section. The Commission's list of foreign carriers that do not qualify for the presumption that they lack market power is available from the Office of International Affairs' website at https://www.fcc.gov/international-affairs . ( b ) A special concession is defined as an exclusive arrangement involving services, facilities, or functions on the foreign end of a U.S. international route that are necessary for the provision of basic telecommunications services where the arrangement is not offered to similarly situated U.S.-licensed carriers and involves: ( 1 ) Operating agreements for the provision of basic services; ( 2 ) Distribution arrangements or interconnection arrangements, including pricing, technical specifications, functional capabilities, or other quality and operational characteristics, such as provisioning and maintenance times; or ( 3 ) Any information, prior to public disclosure, about a foreign carrier's basic network services that affects either the provision of basic or enhanced services or interconnection to the foreign country's domestic network by U.S. carriers or their U.S. customers. ( c ) This section shall not apply to the rates, terms and conditions in an agreement between a U.S. carrier and a foreign carrier that govern the settlement of U.S. international traffic, including the method for allocating return traffic. [ 62 FR 64754 , Dec. 9, 1997, as amended at 64 FR 19063 , Apr. 19, 1999; 64 FR 34741 , June 29, 1999; 66 FR 16881 , Mar. 28, 2001; 69 FR 23154 , Apr. 28, 2004; 78 FR 11112 , Feb. 15, 2013; 88 FR 21443 , Apr. 10, 2023] § 63.17 Special provisions for U.S. international common carriers. ( a ) Unless otherwise prohibited by the terms of its Section 214 certificate, a U.S. common carrier authorized under this part to provide international private line service, whether as a reseller or facilities-based carrier, may interconnect its authorized private lines to the public switched network on behalf of an end user customer for the end user customer's own use. ( b ) Except as provided in paragraph (b)(4) of this section, a U.S. common carrier, whether a reseller or facilities-based carrier, may engage in “switched hubbing” to countries provided the carrier complies with the following conditions: ( 1 ) U.S.-outbound switched traffic shall be routed over the carrier's authorized U.S. international circuits extending between the United States and a country that is exempt from the international settlements policy ( i.e. , the “hub” country), and then forwarded to the third country only by taking at published rates and reselling the international message telephone service (IMTS) of a carrier in the hub country; ( 2 ) U.S.-inbound switched traffic shall be carried to a country that is exempt from the international settlements policy ( i.e. , the “hub” country) as part of the IMTS traffic flow from a third country and then terminated in the United States over the carrier's authorized U.S. international circuits extending between the United States and the hub country. Note 1 to paragraph (b): The Commission's list of international routes exempted from the international settlements policy is available on the Office of International Affairs website at https://www.fcc.gov/international-affairs . ( 3 ) Authorized carriers filing tariffs pursuant to §§ 61.19 or 61.28 of this chapter that route U.S.-billed traffic via switched hubbing shall tariff their service on a “through” basis between the United States and the ultimate point of origination or termination; ( 4 ) No U.S. common carrier may engage in switched hubbing to or from a third country where it has an affiliation with a foreign carrier unless and until it has received authority to serve that country under § 63.18(e)(1) , (e)(2) , or (e)(3) . [ 60 FR 67339 , Dec. 29, 1995, as amended at 61 FR 15728 , Apr. 9, 1996; 63 FR 64754 , Dec. 9, 1997; 64 FR 19064 , Apr. 19, 1999; 66 FR 16881 , Mar. 28, 2001; 67 FR 45390 , July 9, 2002; 69 FR 23154 , Apr. 28, 2004; 78 FR 11112 , Feb. 15, 2013; 88 FR 21443 , Apr. 10, 2023] § 63.18 Contents of applications for international common carriers. Cross Reference Link to an amendment published at 85 FR 76385 , Nov. 27, 2020. Except as otherwise provided in this part, any party seeking authority pursuant to Section 214 of the Communications Act of 1934, as amended, to construct a new line, or acquire or operate any line, or engage in transmission over or by means of such additional line for the provision of common carrier communications services between the United States, its territories or possessions, and a foreign point shall request such authority by formal application. The application shall include information demonstrating how the grant of the application will serve the public interest, convenience, and necessity. Such demonstration shall consist of the following information, as applicable: ( a ) The name, address, and telephone number of each applicant; ( b ) The Government, State, or Territory under the laws of which each corporate or partnership applicant is organized; ( c ) The name, title, post office address, and telephone number of the officer and any other contact point, such as legal counsel, to whom correspondence concerning the application is to be addressed; ( d ) A statement as to whether the applicant has previously received authority under Section 214 of the Act and, if so, a general description of the categories of facilities and services authorized (i.e., authorized to provide international switched services on a facilities basis); ( e ) One or more of the following statements, as pertinent: ( 1 ) Global facilities-based authority. If applying for authority to become a facilities-based international common carrier subject to § 63.22 of this part , the applicant shall: ( i ) State that it is requesting Section 214 authority to operate as a facilities-based carrier pursuant to § 63.18(e)(1) of this part of the Commission's rules; ( ii ) List any countries for which the applicant does not request authorization under this paragraph (see § 63.22(a) of this part ); and ( iii ) Certify that it will comply with the terms and conditions contained in §§ 63.21 and 63.22 of this part . ( 2 ) Global Resale Authority. If applying for authority to resell the international services of authorized common carriers subject to § 63.23 , the applicant shall: ( i ) State that it is requesting Section 214 authority to operate as a resale carrier pursuant to § 63.18(e)(2) of this section of the Commission's rules; ( ii ) List any countries for which the applicant does not request authorization under this paragraph (see § 63.23(a) of this part ); and ( iii ) Certify that it will comply with the terms and conditions contained in §§ 63.21 and 63.23 of this part . ( 3 ) Other authorizations. If applying for authority to acquire facilities or to provide services not covered by paragraphs (e)(1) and (e)(2) of this section, the applicant shall provide a description of the facilities and services for which it seeks authorization. The applicant shall certify that it will comply with the terms and conditions contained in §§ 63.21 and 63.22 and/or 63.23, as appropriate. Such description also shall include any additional information the Commission shall have specified previously in an order, public notice or other official action as necessary for authorization. ( f ) Applicants may apply for any or all of the authority provided for in paragraph (e) of this section in the same application. The applicant may want to file separate applications for those services not subject to streamlined processing under § 63.12 . ( g ) Where the applicant is seeking facilities-based authority under paragraph (e)(3) of this section, a statement whether an authorization of the facilities is categorically excluded as defined by § 1.1306 of this chapter . If answered affirmatively, an environmental assessment as described in § 1.1311 of this chapter need not be filed with the application. ( h ) The name, address, citizenship and principal businesses of any person or entity that directly or indirectly owns at least ten percent of the equity of the applicant, and the percentage of equity owned by each of those entities (to the nearest one percent). The applicant shall also identify any interlocking directorates with a foreign carrier. Note to paragraph ( h ): Ownership and other interests in U.S. and foreign carriers will be attributed to their holders and deemed cognizable pursuant to the following criteria: Attribution of ownership interests in a carrier that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that wherever the ownership percentage for any link in the chain that is equal to or exceeds 50 percent or represents actual control, it shall be treated as if it were a 100 percent interest. For example, if A owns 30 percent of company X, which owns 60 percent of company Y, which owns 26 percent of “carrier,” then X's interest in “carrier” would be 26 percent (the same as Y's interest because X's interest in Y exceeds 50 percent), and A's interest in “carrier” would be 7.8 percent (0.30 × 0.26 because A's interest in X is less than 50 percent). Under the 25 percent attribution benchmark, X's interest in “carrier” would be cognizable, while A's interest would not be cognizable. ( i ) A certification as to whether or not the applicant is, or is affiliated with, a foreign carrier. The certification shall state with specificity each foreign country in which the applicant is, or is affiliated with, a foreign carrier. ( j ) A certification as to whether or not the applicant seeks to provide international telecommunications services to any destination country for which any of the following is true. The certification shall state with specificity the foreign carriers and destination countries: ( 1 ) The applicant is a foreign carrier in that country; or ( 2 ) The applicant controls a foreign carrier in that country; or ( 3 ) Any entity that owns more than 25 percent of the applicant, or that controls the applicant, controls a foreign carrier in that country. ( 4 ) Two or more foreign carriers (or parties that control foreign carriers) own, in the aggregate, more than 25 percent of the applicant and are parties to, or the beneficiaries of, a contractual relation (e.g., a joint venture or market alliance) affecting the provision or marketing of international basic telecommunications services in the United States. ( k ) For any country that the applicant has listed in response to paragraph (j) of this section that is not a member of the World Trade Organization, the applicant shall make a demonstration as to whether the foreign carrier has market power, or lacks market power, with reference to the criteria in § 63.10(a) . Note to paragraph ( k ): Under § 63.10(a) , the Commission presumes, subject to rebuttal, that a foreign carrier lacks market power in a particular foreign country if the applicant demonstrates that the foreign carrier lacks 50 percent market share in international transport facilities or services, including cable landing station access and backhaul facilities, intercity facilities or services, and local access facilities or services on the foreign end of a particular route. ( l ) [Reserved] ( m ) With respect to regulatory classification under § 63.10 of this part , any applicant that is or is affiliated with a foreign carrier in a country listed in response to paragraph (i) of this section and that desires to be regulated as non-dominant for the provision of particular international telecommunications services to that country should provide information in its application to demonstrate that it qualifies for non-dominant classification pursuant to § 63.10 of this part . ( n ) A certification that the applicant has not agreed to accept special concessions directly or indirectly from any foreign carrier with respect to any U.S. international route where the foreign carrier possesses market power on the foreign end of the route and will not enter into such agreements in the future. ( o ) A certification pursuant to §§ 1.2001 through 1.2003 of this chapter that no party to the application is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988. See 21 U.S.C. 853a . ( p ) If the applicant desires streamlined processing pursuant to § 63.12 , a statement of how the application qualifies for streamlined processing. ( q ) Any other information that may be necessary to enable the Commission to act on the application. ( r ) Subject to the availability of electronic forms, all applications described in this section must be filed electronically through the International Communications Filing System (ICFS). A list of forms that are available for electronic filing can be found on the ICFS homepage. For information on electronic filing requirements, see §§ 1.1000 through 1.10018 of this chapter and the ICFS homepage at https://www.fcc.gov/icfs . See also §§ 63.20 and 63.53 . [ 61 FR 15729 , Apr. 9, 1996, as amended at 62 FR 32965 , June 17, 1997; 62 FR 45762 , Aug. 29, 1997; 62 FR 64755 , Dec. 9, 1997; 63 FR 24121 , May 1, 1998; 64 FR 19064 , Apr. 19, 1999; 65 FR 60117 , Oct. 10, 2000; 67 FR 45390 , July 9, 2002; 69 FR 29902 , May 26, 2004; 70 FR 38798 , July 6, 2005; 72 FR 54366 , Sept. 25, 2007; 78 FR 15623 , Mar. 12, 2013; 79 FR 31877 , June 3, 2014; 80 FR 45898 , Aug. 3, 2015; 88 FR 21443 , Apr. 10, 2023] § 63.19 Special procedures for discontinuances of international services. ( a ) With the exception of those international carriers described in paragraphs (b) and (c) of this section, any international carrier that seeks to discontinue, reduce, or impair service, including the retiring of international facilities, dismantling or removing of international trunk lines, shall be subject to the following procedures in lieu of those specified in §§ 63.61 through 63.602 : ( 1 ) The carrier shall notify all affected customers of the planned discontinuance, reduction or impairment at least 30 days prior to its planned action. Notice shall be in writing to each affected customer unless the Commission authorizes in advance, for good cause shown, another form of notice. ( 2 ) The carrier shall file with this Commission a copy of the notification on the date on which notice has been given to all affected customers. The filing may be made by letter (sending an original and five copies to the Office of the Secretary, and a copy to the Chief, Office of International Affairs) and shall identify the geographic areas of the planned discontinuance, reduction or impairment and the authorization(s) pursuant to which the carrier provides service. ( b ) The following procedures shall apply to any international carrier that the Commission has classified as dominant in the provision of a particular international service because the carrier possesses market power in the provision of that service on the U.S. end of the route. Any such carrier that seeks to retire international facilities, dismantle or remove international trunk lines, but does not discontinue, reduce or impair the dominant services being provided through these facilities, shall only be subject to the notification requirements of paragraph (a) of this section. If such carrier discontinues, reduces or impairs the dominant service, or retires facilities that impair or reduce the service, the carrier shall file an application pursuant to §§ 63.62 and 63.500 . ( c ) Commercial Mobile Radio Service (CMRS) carriers, as defined in § 20.9 of this chapter , are not subject to the provisions of this section. ( d ) Subject to the availability of electronic forms, all filings described in this section must be filed electronically through the International Communications Filing System (ICFS). A list of forms that are available for electronic filing can be found on the ICFS homepage. For information on electronic filing requirements, see §§ 1.1000 through 1.10018 of this chapter and the ICFS homepage at https://www.fcc.gov/icfs . See also §§ 63.20 and 63.53 . [ 67 FR 45391 , July 9, 2002, as amended at 70 FR 38798 , July 6, 2005; 72 FR 54366 , Sept. 25, 2007; 81 FR 62656 , Sept. 12, 2016; 88 FR 21443 , Apr. 10, 2023] § 63.20 Electronic filing, copies required; fees; and filing periods for international service providers. ( a ) Subject to the availability of electronic forms, all filings described in this section must be filed electronically through the International Communications Filing System (ICFS). A list of forms that are available for electronic filing can be found on the ICFS homepage. For information on electronic filing requirements, see §§ 1.1000 through 1.10018 of this chapter and the ICFS homepage at https://www.fcc.gov/icfs . Each application shall be accompanied by the fee prescribed in subpart G of part 1 of this chapter . For applications filed electronically it is not necessary to send the original or any copies with the fee payment. For applications and other filings that are not submitted electronically, an original and five (5) copies of the submission must be filed with the Commission. Upon request by the Commission, additional copies shall be furnished. ( b ) No application accepted for filing and subject to the provisions of §§ 63.18 , 63.62 or 63.505 of this part shall be granted by the Commission earlier than 28 days following issuance of public notice by the Commission of the acceptance for filing of such application or any major amendment unless said public notice specifies another time period, or the application qualifies for streamlined processing pursuant to § 63.12 of this part . ( c ) No application accepted for filing and subject to the streamlined processing provisions of § 63.12 of this part shall be granted by the Commission earlier than 14 days following issuance of public notice by the Commission of the acceptance for filing of such application or any major amendment unless said public notice specifies another time period. ( d ) Any interested party may file a petition to deny an application within the time period specified in the public notice listing an application as accepted for filing and ineligible for streamlined processing. The petitioner shall serve a copy of such petition on the applicant no later than the date of filing thereof with the Commission. The petition shall contain specific allegations of fact sufficient to show that the petitioner is a party in interest and that a grant of the application would be prima facie inconsistent with the public interest, convenience and necessity. Such allegations of fact shall, except for those of which official notice may be taken, be supported by affidavit of a person or persons with personal knowledge thereof. The applicant may file an opposition to any petition to deny within 14 days after the original pleading is filed. The petitioner may file a reply to such opposition within seven days after the time for filing oppositions has expired. Allegations of facts or denials thereof shall similarly be supported by affidavit. These responsive pleadings shall be served on the applicant or petitioner, as appropriate, and other parties to the proceeding. [ 61 FR 15732 , Apr. 9, 1996, as amended at 64 FR 19065 , Apr. 19, 1999; 67 FR 45391 , July 9, 2002; 69 FR 29902 , May 26, 2004; 70 FR 38798 , July 6, 2005; 88 FR 21443 , Apr. 10, 2023] § 63.21 Conditions applicable to all international Section 214 authorizations. International carriers authorized under Section 214 of the Communications Act of 1934, as amended, must follow the following requirements and prohibitions: ( a ) Each carrier is responsible for the continuing accuracy of the certifications made in its application. Whenever the substance of any such certification is no longer accurate, the carrier shall as promptly as possible and, in any event, within thirty (30) days, file with the Commission a corrected certification referencing the FCC file number under which the original certification was provided. The information may be used by the Commission to determine whether a change in regulatory status may be warranted under § 63.10 . See also § 63.11 . ( b ) Carriers must file copies of operating agreements entered into with their foreign correspondents as specified in § 43.51 of this chapter and shall otherwise comply with the filing requirements contained in that section. ( c ) Carriers regulated as dominant for the provision of a particular international communications service on a particular route for any reason other than a foreign carrier affiliation under § 63.10 shall file tariffs pursuant to Section 203 of the Communications Act, 47 U.S.C. 203 , and part 61 of this chapter . Except as specified in § 20.15(d) of this chapter with respect to commercial mobile radio service providers, carriers regulated as non-dominant, as defined in § 61.3 of this chapter , and providing detariffed international services pursuant to § 61.19 of this chapter must comply with all applicable public disclosure and maintenance of information requirements in §§ 42.10 and 42.11 of this chapter . ( d ) [Reserved] ( e ) Authorized carriers may not access or make use of specific U.S. customer proprietary network information that is derived from a foreign network unless the carrier obtains approval from that U.S. customer. In seeking to obtain approval, the carrier must notify the U.S. customer that the customer may require the carrier to disclose the information to unaffiliated third parties upon written request by the customer. ( f ) Authorized carriers may not receive from a foreign carrier any proprietary or confidential information pertaining to a competing U.S. carrier, obtained by the foreign carrier in the course of its normal business dealings, unless the competing U.S. carrier provides its permission in writing. ( g ) The Commission reserves the right to review a carrier's authorization, and, if warranted, impose additional requirements on U.S. international carriers in circumstances where it appears that harm to competition is occurring on one or more U.S. international routes. ( h ) Subject to the requirement of § 63.10 that a carrier regulated as dominant along a route must provide service as an entity that is separate from its foreign carrier affiliate, and subject to any other structural-separation requirement in Commission regulations, an authorized carrier may provide service through any wholly owned direct or indirect subsidiaries. The carrier must, within thirty (30) days after the subsidiary begins providing service, file with the Commission a notification referencing the authorized carrier's name and the FCC file numbers under which the carrier's authorizations were granted and identifying the subsidiary's name and place of legal organization. This provision shall not be construed to authorize the provision of service by any entity barred by statute or regulation from itself holding an authorization or providing service. ( i ) An authorized carrier, or a subsidiary operating pursuant to paragraph (h) of this section, that changes its name (including the name under which it is doing business) must notify the Commission within thirty (30) days of the name change. Such notification shall reference the FCC file numbers under which the carrier's authorizations were granted. ( j ) Subject to the availability of electronic forms, all notifications and other filings described in this section must be filed electronically through the International Communications Filing System (ICFS). A list of forms that are available for electronic filing can be found on the ICFS homepage. For information on electronic filing requirements, see §§ 1.1000 through 1.10018 of this chapter and the ICFS homepage at https://www.fcc.gov/icfs . See also §§ 63.20 and 63.53 . [ 61 FR 15732 , Apr. 9, 1996, as amended at 62 FR 45762 , Aug. 29, 1997; 62 FR 64758 , Dec. 9, 1997; 64 FR 19065 , Apr. 19, 1999; 66 FR 16881 , Mar. 28, 2001; 67 FR 45391 , July 9, 2002; 67 FR 57344 , Sept. 10, 2002; 70 FR 38798 , July 6, 2005; 78 FR 15624 , Mar. 12, 2013; 82 FR 55331 , Nov. 21, 2017; 88 FR 21444 , Apr. 10, 2023] § 63.22 Facilities-based international common carriers. The following conditions apply to authorized facilities-based international carriers: ( a ) A carrier authorized under § 63.18(e)(1) may provide international facilities-based services to international points for which it qualifies for non-dominant regulation as set forth in § 63.10 , except in the following circumstance: If the carrier is, or is affiliated with, a foreign carrier in a destination market and the Commission has not determined that the foreign carrier lacks market power in the destination market (see § 63.10(a) ), the carrier shall not provide service on that route unless it has received specific authority to do so under § 63.18(e)(3) . ( b ) The carrier may provide service using half-circuits on any U.S. common carrier and non-common carrier facilities that do not appear on an exclusion list published by the Commission. Carriers may also use any necessary non-U.S.-licensed facilities, including any submarine cable systems, that do not appear on the exclusion list. Carriers may not use U.S. earth stations to access non-U.S.-licensed satellite systems unless the Commission has specifically approved the use of those satellites and so indicates on the exclusion list. The exclusion list is available from the Office of International Affairs' website at https://www.fcc.gov/international-affairs . ( c ) Specific authority under § 63.18(e)(3) is required for the carrier to provide service using any facilities listed on the exclusion list, to provide service between the United States and any country on the exclusion list, or to construct, acquire, or operate lines in any new major common carrier facility project. ( d ) The carrier may provide international basic switched, private line, data, television and business services. ( e ) The carrier shall file annual international circuit capacity reports as required by § 43.82 of this chapter . ( f ) The terms and conditions of any operating or other agreement relating to the exchange of services, interchange or routing of traffic and matters concerning rates, accounting rates, division of tolls, the allocation of return traffic, or the basis of settlement of traffic balances, entered into by U.S. common carriers authorized pursuant to this part to provide facilities-based switched voice service on the U.S.-Cuba route in correspondence with a Cuban carrier that does not qualify for the presumption that it lacks market power in Cuba, shall be identical to the equivalent terms and conditions in the operating agreement of another carrier providing the same or similar service between the United States and Cuba. Carriers may seek waiver of this requirement. See International Settlements Policy Reform, Report and Order, IB Docket Nos. 11-80, 05-254, 09-10, RM 11322, FCC 12-145 (rel. November 29, 2012). ( g ) A carrier or other party may request Commission intervention on any U.S. international route for which competitive problems are alleged by filing with the Office of International Affairs a petition, pursuant to this section, demonstrating anticompetitive behavior by foreign carriers that is harmful to U.S. customers. The Commission may also act on its own motion. Carriers and other parties filing complaints must support their petitions with evidence, including an affidavit and relevant commercial agreements. The Office of International Affairs will review complaints on a case-by-case basis and take appropriate action on delegated authority pursuant to § 0.261 of this chapter . Interested parties will have 10 days from the date of issuance of a public notice of the petition to file comments or oppositions to such petitions and subsequently 7 days for replies. In the event significant, immediate harm to the public interest is likely to occur that cannot be addressed through post facto remedies, the Office of International Affairs may impose temporary requirements on carriers authorized pursuant to § 63.18 without prejudice to its findings on such petitions. ( h ) A carrier shall file with the Commission a list of U.S.-international routes for which it has an arrangement with a foreign carrier for direct termination in the foreign destination. The carrier shall notify the Commission within 30 days after it adds a termination arrangement for a new foreign destination or discontinues arrangements with a previously listed destination. The list shall be filed electronically in accordance with instructions from the Office of International Affairs. ( i ) The authority granted under this part is subject to all Commission rules and regulations and any conditions or limitations stated in the Commission's public notice or order that serves as the carrier's Section 214 certificate. See §§ 63.12 , 63.21 of this part . ( j ) For purposes of this section, foreign carrier is defined in § 63.09 . For purposes of this section, a foreign carrier shall be considered to possess market power if it appears on the Commission's list of foreign carriers that do not qualify for the presumption that they lack market power in particular foreign points. This list is available on the Office of International Affairs' website at https://www.fcc.gov/international-affairs . The Commission will include on the list of foreign carriers that do not qualify for the presumption that they lack market power in particular foreign points any foreign carrier that has 50 percent or more market share in the international transport or local access markets of a foreign point. A party that seeks to remove such a carrier from the Commission's list bears the burden of submitting information to the Commission sufficient to demonstrate that the foreign carrier lacks 50 percent market share in the international transport and local access markets on the foreign end of the route or that it nevertheless lacks sufficient market power on the foreign end of the route to affect competition adversely in the U.S. market. A party that seeks to add a carrier to the Commission's list bears the burden of submitting information to the Commission sufficient to demonstrate that the foreign carrier has 50 percent or more market share in the international transport or local access markets on the foreign end of the route or that it nevertheless has sufficient market power to affect competition adversely in the U.S. market. [ 64 FR 19065 , Apr. 19, 1999, as amended at 64 FR 34741 , June 29, 1999; 67 FR 45391 , July 9, 2002; 69 FR 23154 , Apr. 28, 2004; 78 FR 11112 , Feb. 15, 2013; 78 FR 15624 , Mar. 12, 2013; 82 FR 55331 , Nov. 21, 2017; 88 FR 21444 , Apr. 10, 2023] § 63.23 Resale-based international common carriers. The following conditions apply to carriers authorized to resell the international services of other authorized carriers: ( a ) A carrier authorized under § 63.18(e)(2) may provide resold international services to international points for which the applicant qualifies for non-dominant regulation as set forth in § 63.10 , except that the carrier may not provide either of the following services unless it has received specific authority to do so under § 63.18(e)(3) : ( 1 ) Resold switched services to a non-WTO Member country where the applicant is, or is affiliated with, a foreign carrier; and ( 2 ) Switched or private line services over resold private lines to a destination market where the applicant is, or is affiliated with, a foreign carrier and the Commission has not determined that the foreign carrier lacks market power in the destination market (see § 63.10(a) ). ( b ) The carrier may not resell the international services of an affiliated carrier regulated as dominant on the route to be served unless it has received specific authority to do so under § 63.18(e)(3) . ( c ) Subject to the limitations specified in paragraph (b) of this section and in § 63.17(b) , the carrier may provide service by reselling the international services of any other authorized U.S. common carrier or foreign carrier, or by entering into a roaming or other arrangement with a foreign carrier, for the provision of international basic switched, private line, data, television and business services to all international points. Note to paragraph ( c ): For purposes of this paragraph, a roaming arrangement with a foreign carrier is defined as an arrangement under which the subscribers of a U.S. commercial mobile radio service provider use the facilities of a foreign carrier with which the subscriber has no direct pre-existing service or financial relationship to place a call from the foreign country to the United States. ( d ) The carrier may provide switched basic services over its authorized resold private lines in either of the following two circumstances: ( 1 ) The country at the foreign end of the private line appears on the Commission's list of international routes exempted from the international settlements policy set forth in § 64.1002 of this chapter ; or ( 2 ) The carrier is exchanging switched traffic with a foreign carrier that lacks market power in the country at the foreign end of the private line. A foreign carrier lacks market power for purposes of this section if it does not appear on the Commission's list of foreign carriers that do not qualify for the presumption that they lack market power in particular foreign points. Note 2 to paragraph ( d ): The Commission's list of international routes exempted from the international settlements policy, and the Commission's list of foreign carriers that do not qualify for the presumption that they lack market power in particular foreign points are available on the Office of International Affairs' website at https://www.fcc.gov/international-affairs . ( e ) The authority granted under this part is subject to all Commission rules and regulations and any conditions or limitations stated in the Commission's public notice or order that serves as the carrier's Section 214 certificate. See §§ 63.12 , 63.21 of this part . [ 64 FR 19066 , Apr. 19, 1999, as amended at 64 FR 34741 , June 29, 1999; 67 FR 45391 , July 9, 2002; 69 FR 23154 , Apr. 28, 2004; 72 FR 54366 , Sept. 25, 2007; 76 FR 42573 , July 19, 2011; 88 FR 21444 , Apr. 10, 2023] § 63.24 Assignments and transfers of control. Cross Reference Link to an amendment published at 85 FR 76387 , Nov. 27, 2020. ( a ) General. Except as otherwise provided in this section, an international section 214 authorization may be assigned, or control of such authorization may be transferred by the transfer of control of any entity holding such authorization, to another party, whether voluntarily or involuntarily, directly or indirectly, only upon application to and prior approval by the Commission. ( b ) Assignments. For purposes of this section, an assignment of an authorization is a transaction in which the authorization is assigned from one entity to another entity. Following an assignment, the authorization is held by an entity other than the one to which it was originally granted. Note to paragraph ( b ): The sale of a customer base, or a portion of a customer base, by a carrier to another carrier, is a sale of assets and shall be treated as an assignment, which requires prior Commission approval under this section. ( c ) Transfers of control. For purposes of this section, a transfer of control is a transaction in which the authorization remains held by the same entity, but there is a change in the entity or entities that control the authorization holder. A change from less than 50 percent ownership to 50 percent or more ownership shall always be considered a transfer of control. A change from 50 percent or more ownership to less than 50 percent ownership shall always be considered a transfer of control. In all other situations, whether the interest being transferred is controlling must be determined on a case-by-case basis with reference to the factors listed in Note to paragraph (c). ( d ) Pro forma assignments and transfers of control. Transfers of control or assignments that do not result in a change in the actual controlling party are considered non-substantial or pro forma. Whether there has been a change in the actual controlling party must be determined on a case-by-case basis with reference to the factors listed in Note 1 to this paragraph (d) . The types of transactions listed in Note 2 to this paragraph (d) shall be considered presumptively pro forma and prior approval from the Commission need not be sought. Note 1 to paragraph ( d ): Because the issue of control inherently involves issues of fact, it must be determined on a case-by-case basis and may vary with the circumstances presented by each case. The factors relevant to a determination of control in addition to equity ownership include, but are not limited to the following: power to constitute or appoint more than fifty percent of the board of directors or partnership management committee; authority to appoint, promote, demote and fire senior executives that control the day-to-day activities of the licensee; ability to play an integral role in major management decisions of the licensee; authority to pay financial obligations, including expenses arising out of operations; ability to receive monies and profits from the facility's operations; and unfettered use of all facilities and equipment. Note 2 to paragraph ( d ): If a transaction is one of the types listed further, the transaction is presumptively pro forma and prior approval need not be sought. In all other cases, the relevant determination shall be made on a case-by-case basis. Assignment from an individual or individuals (including partnerships) to a corporation owned and controlled by such individuals or partnerships without any substantial change in their relative interests; Assignment from a corporation to its individual stockholders without effecting any substantial change in the disposition of their interests; Assignment or transfer by which certain stockholders retire and the interest transferred is not a controlling one; Corporate reorganization that involves no substantial change in the beneficial ownership of the corporation (including re-incorporation in a different jurisdiction or change in form of the business entity); Assignment or transfer from a corporation to a wholly owned direct or indirect subsidiary thereof or vice versa, or where there is an assignment from a corporation to a corporation owned or controlled by the assignor stockholders without substantial change in their interests; or Assignment of less than a controlling interest in a partnership. ( e ) Applications for substantial transactions. ( 1 ) In the case of an assignment or transfer of control shall of an international section 214 authorization that is not pro forma, the proposed assignee or transferee must apply to the Commission for authority prior to consummation of the proposed assignment or transfer of control. ( 2 ) The application shall include the information requested in paragraphs (a) through (d) of § 63.18 for both the transferor/assignor and the transferee/assignee. The information requested in paragraphs (h) through (p) of § 63.18 is required only for the transferee/assignee. At the beginning of the application, the applicant shall include a narrative of the means by which the proposed transfer or assignment will take place. ( 3 ) The Commission reserves the right to request additional information as to the particulars of the transaction to aid it in making its public interest determination. ( 4 ) An assignee or transferee must notify the Commission no later than thirty (30) days after either consummation of the proposed assignment or transfer of control, or a decision not to consummate the proposed assignment or transfer of control. The notification shall identify the file numbers under which the initial authorization and the authorization of the assignment or transfer of control were granted. ( f ) Notifications for non-substantial or pro forma transactions. ( 1 ) In the case of a pro forma assignment or transfer of control, the section 214 authorization holder is not required to seek prior Commission approval. ( 2 ) A pro forma assignee or a carrier that is subject to a pro forma transfer of control must file a notification with the Commission no later than thirty (30) days after the assignment or transfer is completed. The notification must contain the following: ( i ) The information requested in paragraphs (a) through (d) and (h) of § 63.18 for the transferee/assignee; ( ii ) A certification that the transfer of control or assignment was pro forma and that, together with all previous pro forma transactions, does not result in a change in the actual controlling party. ( 3 ) A single notification may be filed for an assignment or transfer of control of more than one authorization if each authorization is identified by the file number under which it was granted. ( 4 ) Upon release of a public notice granting a pro forma assignment or transfer of control, petitions for reconsideration under § 1.106 of this chapter or applications for review under § 1.115 of this chapter of the Commission's rules may be filed within 30 days. Petitioner should address why the assignment or transfer of control in question should have been filed under paragraph (e) of this section rather than under this paragraph (f) . ( g ) Involuntary assignments or transfers of control. In the case of an involuntary assignment or transfer of control to: a bankruptcy trustee appointed under involuntary bankruptcy; an independent receiver appointed by a court of competent jurisdiction in a foreclosure action; or, in the case of death or legal disability, to a person or entity legally qualified to succeed the deceased or disabled person under the laws of the place having jurisdiction over the estate involved; the applicant must make the appropriate filing no later than 30 days after the event causing the involuntary assignment or transfer of control. ( h ) Electronic filing. Subject to the availability of electronic forms, all applications and notifications described in this section must be filed electronically through the International Communications Filing System (ICFS). A list of forms that are available for electronic filing can be found on the ICFS homepage. For information on electronic filing requirements, see §§ 1.10000 through 1.10018 of this chapter and the ICFS homepage at https://www.fcc.gov/icfs . See also §§ 63.20 and 63.53 . [ 67 FR 45391 , July 9, 2002, as amended at 70 FR 38799 , July 6, 2005; 72 FR 54366 , Sept. 25, 2007; 88 FR 21444 , Apr. 10, 2023] § 63.25 Special provisions relating to temporary or emergency service by international carriers. ( a ) For the purpose of this section the following definitions shall apply: ( 1 ) Temporary service shall mean service for a period not exceeding 6 months; ( 2 ) Emergency service shall mean service for which there is an immediate need occasioned by conditions unforeseen by, and beyond the control of, the carrier. ( b ) Applicants seeking immediate authorization to provide temporary service or emergency service must file their request with the Commission. Requests must set forth why such immediate authority is required; the nature of the emergency; the type of facilities proposed to be used; the route kilometers thereof; the terminal communities to be served, and airline kilometers between such communities; how these points are currently being served by the applicant or other carriers; the need for the proposed service; the cost involved, including any rentals, the date on which the service is to begin, and where known, the date or approximate date on which the service to is terminate. ( c ) Without regard to the other requirements of this part, and by application setting forth the need therefore, any carrier may request continuing authority, subject to termination by the Commission at any time upon ten (10) days' notice to the carrier, to provide temporary or emergency service by the construction or installation of facilities where the estimated construction, installation, and acquisition costs do not exceed $35,000 or an annual rental of not more than $7,000 provided that such project does not involve a major action under the Commission's environmental rules. ( See subpart I of part 1 of this chapter .) Any carrier to which continuing authority has been granted under this paragraph shall, not later than the 30th day following the end of each 6-month period covered by such authority, file with the Commission a statement making reference to this paragraph and setting forth, with respect to each project (construction, installation, lease, including any renewals thereof), which was commenced or, in the case of leases, entered into under such authority, and renewal or renewals thereof which were in continuous effect for a period of more than one week, the following information: ( 1 ) The type of facility constructed, installed, or leased; ( 2 ) The route kilometers thereof (excluding leased facilities); ( 3 ) The terminal communities served and the airline kilometers between terminal communities in the proposed project; ( 4 ) The cost thereof, including construction, installation, or lease; ( 5 ) Where appropriate, the name of the lessor company, and the dates of commencement and termination of the lease. ( d ) ( 1 ) A request may be made by any carrier for continuing authority to lease and operate, during any emergency when its regular facilities become inoperative or inadequate to handle its traffic, facilities or any other carrier between points between which applicant is authorized to communicate by radio for the transmission of traffic which applicant is authorized to handle. ( 2 ) Such request shall make reference to this paragraph and set forth the points between which applicant desires to operate facilities of other carriers and the nature of the traffic to be handled. ( 3 ) Continuing authority for the operation thereafter of such alternate facilities during emergencies shall be deemed granted effective as of the 21st day following the filing of the request unless on or before that date the Commission shall notify the applicant to the contrary: provided, however, Applicant shall, not later than the 30th day following the end of each quarter in which it has operated facilities of any other carrier pursuant to authority granted under this paragraph, file with the Commission a statement in writing making reference to this paragraph and describing each occasion during the quarter when it has operated such facilities, giving dates, points between which such facilities were located, hours or minutes used, nature of traffic handled, and reasons why its own facilities could not be used. ( e ) Subject to the availability of electronic forms, all applications and notifications described in this section must be filed electronically through the International Communications Filing System (ICFS). A list of forms that are available for electronic filing can be found on the ICFS homepage. For information on electronic filing requirements, see §§ 1.1000 through 1.10018 of this chapter and the ICFS homepage at https://www.fcc.gov/icfs . See also §§ 63.20 and 63.53 . (Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303 ) [ 28 FR 13229 , Dec. 5, 1963, as amended at 41 FR 20662 , May 20, 1976; 58 FR 44906 , Aug. 25, 1993. Redesignated and amended at 64 FR 39939 , July 23, 1999; 69 FR 29902 , May 26, 2004; 70 FR 38799 , July 6, 2005; 88 FR 21444 , Apr. 10, 2023] General Provisions Relating to All Applications Under Section 214 § 63.50 Amendment of applications. Any application may be amended as a matter of right prior to the date of any final action taken by the Commission or designation for hearing. Amendments to applications shall be signed and submitted in the same manner, and with the same number of copies as was the original application. If a petition to deny or other formal objections have been filed to the application, the amendment shall be served on the parties. (Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303 ) [ 41 FR 20662 , May 20, 1976] § 63.51 Additional information. ( a ) You must provide additional information if the Commission requests you to do so after it initially reviews your application or request. ( b ) If you do not respond to the request or other official correspondence, the Commission may dismiss your application without prejudice and you may file again with a completed application. ( c ) Any additional information which the Commission may require must be submitted in the same manner as was the original filing. For information on filing requirements, see §§ 1.1000 through 1.10018 of this chapter and the ICFS homepage at https://www.fcc.gov/icfs , and § 63.20 . [ 69 FR 29902 , May 26, 2004, as amended at 70 FR 38799 , July 6, 2005; 88 FR 21444 , Apr. 10, 2023] § 63.52 Copies required; fees; and filing periods for domestic authorizations. ( a ) Applications filed under section 214 of the Communications Act for domestic authority must be filed electronically with the Commission through the Electronic Comment Filing System (ECFS). Each domestic transfer of control application shall be accompanied by the fee prescribed in subpart G of part 1 of this chapter . ( b ) No application accepted for filing and subject to part 63 of these rules, unless provided for otherwise, shall be granted by the Commission earlier than 30 days following issuance of public notice by the Commission of the acceptance for filing of such application or any major amendment unless said public notice specifies another time period. ( c ) Any interested party may file a petition to deny an application within the 30-day or other time period specified in paragraph (b) of this section. The petitioner shall serve a copy of such petition on the applicant via electronic mail or paper copy no later than the date of filing thereof with the Commission. The petition shall contain specific allegations of fact sufficient to show that the petitioner is a party in interest and that a grant of the application would be prima facie inconsistent with the public interest, convenience and necessity. Such allegations of fact shall, except for those of which official notice may be taken, be supported by affidavit of a person or persons with personal knowledge thereof. The applicant may file an opposition to any petition to deny, and the petitioners may file a reply to such opposition (see § 1.45 of this chapter ), and allegations of facts or denials thereof shall similarly be supported by affidavit. These responsive pleadings shall be served on the applicant or petitioners, as appropriate, and other parties to the proceeding. (Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303 ) [ 41 FR 20662 , May 20, 1976; 41 FR 22274 , June 2, 1976, as amended at 42 FR 36459 , July 15, 1977; 61 FR 10476 , Mar. 14, 1996; 61 FR 59201 , Nov. 21, 1996; 64 FR 39939 , July 23, 1999; 80 FR 1588 , Jan. 13, 2015] § 63.53 Form. ( a ) Applications for international service under section 214 of the Communications Act must be filed electronically with the Commission. Subject to the availability of electronic forms, all applications and other filings described in this section must be filed electronically through the International Communications Filing System (ICFS). A list of forms that are available for electronic filing can be found on the ICFS homepage. For information on electronic filing requirements, see §§ 1.10000 through 1.10018 of this chapter and the ICFS homepage at https://www.fcc.gov/icfs . ( b ) Applications for domestic service under section 214 of the Communications Act must be filed electronically with the Commission. For applications filed electronically and subject to a processing fee it is not necessary to send the original or any copies with the fee payment. Unless specified otherwise all applications and other filings described in this section must be filed electronically through the “Submit a Non-Docketed Filing” module of the Commission's Electronic Comment Filing System. For information on electronic filing requirements, see the ECFS homepage at http://apps.fcc.gov/ecfs/ . See also § 63.52 . ( c ) Applications submitted under Section 214 of the Communications Act for international services and any related pleadings that are in a foreign language shall be accompanied by a certified translation in English. [ 61 FR 15733 , Apr. 9, 1996, as amended at 67 FR 45392 , July 9, 2002; 69 FR 29902 , May 26, 2004; 70 FR 38799 , July 6, 2005; 80 FR 1588 , Jan. 13, 2015; 85 FR 17285 , Mar. 27, 2020; 88 FR 21444 , Apr. 10, 2023] Discontinuance, Reduction, Outage and Impairment § 63.60 Definitions. For the purposes of this part, the following definitions shall apply: ( a ) For the purposes of §§ 63.60 through 63.90 , the term “carrier,” when used to refer either to all telecommunications carriers or more specifically to non-dominant telecommunications carriers, shall include interconnected VoIP providers. ( b ) Discontinuance, reduction, or impairment of service includes, but is not limited to the following: ( 1 ) The closure by a carrier of a telephone exchange rendering interstate or foreign telephone toll service, a public toll station serving a community or part of a community, or a public coast station as defined in § 80.5 of this chapter ; ( 2 ) The reduction in hours of service by a carrier at a telephone exchange rendering interstate or foreign telephone toll service, at any public toll station (except at a toll station at which the availability of service to the public during any specific hours is subject to the control of the agent or other persons controlling the premises on which such office or toll station is located and is not subject to the control of such carrier), or at a public coast station; the term reduction in hours of service does not include a shift in hours which does not result in any reduction in the number of hours of service. ( 3 ) The conversion of an interconnected VoIP service to a service that permits users to receive calls that originate on the public switched telephone network but not terminate calls to the public switched telephone network, or the converse. ( 4 ) The dismantling or removal from service of any trunk line by a carrier which has the effect of impairing the adequacy or quality of service rendered to any community or part of a community; ( 5 ) The severance by a carrier of physical connection with another carrier (including connecting carriers as defined in section 3(u) of the Communications Act of 1934, as amended) or the termination or suspension of the interchange of traffic with such other carrier; ( c ) Emergency discontinuance, reduction, or impairment of service means any discontinuance, reduction, or impairment of the service of a carrier occasioned by conditions beyond the control of such carrier where the original service is not restored or comparable service is not established within a reasonable time. For the purpose of this part, a reasonable time shall be deemed to be a period not in excess of the following: 10 days in the case of public coast stations; and 60 days in all other cases. ( d ) Grandfather means to maintain the provision of a service to existing customers while ceasing to offer that service to new customers. ( e ) The term “interconnected VoIP provider” is an entity that provides interconnected VoIP service as that term is defined in § 9.3 of this chapter . ( f ) Public toll station means a public telephone station, located in a community, through which a carrier provides service to the public, and which is connected directly to a toll line operated by such carrier. ( g ) For the purposes of §§ 63.60 through 63.90 , the term “service,” when used to refer to a real-time, two-way voice communications service, shall include interconnected VoIP service as that term is defined in § 9.3 of this chapter but shall not include any interconnected VoIP service that is a “mobile service” as defined in § 20.3 of this chapter . ( h ) You. In this section, “You” refers to applicants and licensees. ( i ) The term “technology transition” means any change in service that would result in the replacement of a wireline TDM-based voice service with a service using a different technology or medium for transmission to the end user, whether internet Protocol (IP), wireless, or another type; except that retirement of copper, as defined in § 51.325(a)(3) of this chapter , that does not result in a discontinuance, reduction, or impairment of service requiring Commission authorization pursuant to this part shall not constitute a “technology transition” for purposes of this part. [ 28 FR 13229 , Dec. 5, 1963, as amended at 45 FR 6585 , Jan. 29, 1980; 51 FR 31305 , Sept. 2, 1986; 69 FR 29902 , May 26, 2004; 74 FR 39563 , Aug. 7, 2009; 81 FR 62656 , Sept. 12, 2016; 82 FR 48777 , Oct. 20, 2017; 82 FR 61478 , Dec. 28, 2017; 85 FR 84265 , Dec. 28, 2020] § 63.61 Applicability. Any carrier subject to the provisions of section 214 of the Communications Act of 1934, as amended, proposing to discontinue, reduce or impair interstate or foreign telephone service to a community, or a part of a community, shall request authority therefor by formal application or informal request as specified in the pertinent sections of this part: ( a ) Provided, however, that where service is expanded on an experimental basis for a temporary period of not more than 6 months, no application shall be required to reduce service to its status prior to such expansion but a written notice shall be filed with the Commission within 10 days of the reduction showing: ( 1 ) The date on which, places at which, and extent to which service was expanded; and, ( 2 ) The date on which, places at which, and extent to which such expansion of service was discontinued. ( b ) And provided further that a licensee of a radio station who has filed an application for authority to discontinue service provided by such station shall during the period that such application is pending before the Commission, continue to file appropriate applications as may be necessary for extension or renewal of station license in order to provide legal authorization for such station to continue in operation pending final action on the application for discontinuance of service. Procedures for discontinuance, reduction or impairment of service by dominant and non-dominant, domestic carriers are in § 63.71 . Procedures for discontinuance, reduction or impairment of international services are in § 63.19 . [ 71 FR 65751 , Nov. 9, 2006, as amended at 82 FR 48777 , Oct. 20, 2017] § 63.62 Type of discontinuance, reduction, or impairment of telephone service requiring formal application. Authority for the following types of discontinuance, reduction, or impairment of service shall be requested by formal application containing the information required by the Commission in the appropriate sections to this part, except as provided in paragraph (c) of this section, or in emergency cases (as defined in § 63.60(b) ) as provided in § 63.63 : ( a ) The dismantling or removal of a trunk line (for contents of application see § 63.500 ) for all domestic carriers and for dominant international carriers except as modified in § 63.19 ; ( b ) The severance of physical connection or the termination or suspension of the interchange of traffic with another carrier (for contents of application, see § 63.501 ); ( c ) [Reserved] ( d ) The closure of a public toll station where no other such toll station of the applicant in the community will continue service (for contents of application, see § 63.504 ): Provided, however, That no application shall be required under this part with respect to the closure of a toll station located in a community where telephone toll service is otherwise available to the public through a telephone exchange connected with the toll lines of a carrier; ( e ) Any other type of discontinuance, reduction or impairment of telephone service not specifically provided for by other provisions of this part (for contents of application, see § 63.505 ); ( f ) An application may be filed requesting authority to make a type of reduction in service under specified standards and conditions in lieu of individual applications for each instance coming within the type of reduction in service proposed. [ 28 FR 13229 , Dec. 5, 1963, as amended at 45 FR 6585 , Jan. 29, 1980; 60 FR 35509 , July 10, 1995; 61 FR 15733 , Apr. 9, 1996] § 63.63 Emergency discontinuance, reduction, or impairment of service. ( a ) Application for authority for emergency discontinuance, reduction, or impairment of service shall be made by electronically filing an informal request through the “Submit a Non-Docketed Filing” module of the Commission's Electronic Comment Filing System. Such requests shall be made as soon as practicable but not later than 15 days in the case of public coast stations, or 65 days in all other cases, after the occurrence of the conditions which have occasioned the discontinuance, reduction, or impairment. The request shall make reference to this section and show the following: ( 1 ) The effective date of such discontinuance, reduction, or impairment, and the identification of the service area affected; ( 2 ) The nature and estimated duration of the conditions causing the discontinuance, reduction, or impairment; ( 3 ) The facts showing that such conditions could not reasonably have been foreseen by the carrier in sufficient time to prevent such discontinuance, reduction, or impairment; ( 4 ) A description of the service involved; ( 5 ) The nature of service which will be available or substituted; ( 6 ) The effect upon rates to any person in the community; ( 7 ) The efforts made and to be made by applicant to restore the original service or establish comparable service as expeditiously as possible. ( b ) Authority for the emergency discontinuance, reduction, or impairment of service for a period of 60 days shall be deemed to have been granted by the Commission effective as of the date of the filing of the request unless, on or before the 15th day after the date of filing, the Commission shall notify the carrier to the contrary. Renewal of such authority may be requested by letter or telegram, filed with the Commission not later than 10 days prior to the expiration of such 60-day period, making reference to this section and showing that such conditions may reasonably be expected to continue for a further period and what efforts the applicant has made to restore the original or establish comparable service. If the same or comparable service is reestablished before the termination of the emergency authorization, the carrier shall notify the Commission promptly. However, the Commission may, upon specific request of the carrier and upon a proper showing, contained in such informal request, authorize such discontinuance, reduction, or impairment of service for an indefinite period or permanently. [ 28 FR 13229 , Dec. 5, 1963, as amended at 45 FR 6585 , Jan. 29, 1980; 80 FR 1588 , Jan. 13, 2015] § 63.65 Closure of public toll station where another toll station of applicant in the community will continue service. ( a ) Except in emergency cases (as defined in § 63.60(b) and as provided in § 63.63 ), authority to close a public toll station in a community in which another toll station of the applicant will continue service shall be requested by an informal request, filed in quintuplicate, making reference to this paragraph and showing the following: ( 1 ) Location of toll station to be closed and distance from nearest toll station to be retained; ( 2 ) Description of service area affected, including approximate population and character of the business of the community; ( 3 ) Average number of toll telephone messages sent-paid and received-collect for the preceding six months; ( 4 ) [Reserved] ( 5 ) Statement of reasons for desiring to close the station. ( b ) Authority for closures requested under paragraph (a) of this section shall be deemed to have been granted by the Commission effective as of the 15th day following the date of filing such request unless, on or before the 15th day, the Commission shall notify the carrier to the contrary. [ 28 FR 13229 , Dec. 5, 1963, as amended at 82 FR 48777 , Oct. 20, 2017] § 63.66 Closure of or reduction of hours of service at telephone exchanges at military establishments. Where a carrier desires to close or reduce hours of service at a telephone exchange located at a military establishment because of the deactivation of such establishment, it may, in lieu of filing formal application, file in quintuplicate an informal request. Such request shall make reference to this section and shall set forth the class of office, address, date of proposed closure or reduction, description of service to remain or be substituted, statement as to any difference in charges to the public, and the reasons for the proposed closure or reduction. Authority for such closure or reduction shall be deemed to have been granted by the Commission, effective as of the 15th day following the date of filing of such request, unless, on or before the 15th day, the Commission shall notify the carrier to the contrary. [ 45 FR 6585 , Jan. 29, 1980] § 63.71 Procedures for discontinuance, reduction or impairment of service by domestic carriers. Any domestic carrier that seeks to discontinue, reduce or impair service shall be subject to the following procedures: ( a ) The carrier shall notify all affected customers of the planned discontinuance, reduction, or impairment of service and shall notify and submit a copy of its application to the public utility commission and to the Governor of the State in which the discontinuance, reduction, or impairment of service is proposed; to any federally-recognized Tribal Nations with authority over the Tribal lands in which the discontinuance, reduction, or impairment of service is proposed; and also to the Secretary of Defense, Attn. Special Assistant for Telecommunications, Pentagon, Washington, DC 20301. Notice shall be in writing to each affected customer unless the Commission authorizes in advance, for good cause shown, another form of notice. For purposes of this section, notice by email constitutes notice in writing. Notice shall include the following: ( 1 ) Name and address of carrier; ( 2 ) Date of planned service discontinuance, reduction or impairment; ( 3 ) Points of geographic areas of service affected; ( 4 ) Brief description of type of service affected; and ( 5 ) One of the following statements: ( i ) If the carrier is non-dominant with respect to the service being discontinued, reduced or impaired, the notice shall state: The FCC will normally authorize this proposed discontinuance of service (or reduction or impairment) unless it is shown that customers would be unable to receive service or a reasonable substitute from another carrier or that the public convenience and necessity is otherwise adversely affected. If you wish to object, you should file your comments as soon as possible, but no later than 15 days after the Commission releases public notice of the proposed discontinuance. You may file your comments electronically through the FCC's Electronic Comment Filing System using the docket number established in the Commission's public notice for this proceeding, or you may address them to the Federal Communications Commission, Wireline Competition Bureau, Competition Policy Division, Washington, DC 20554, and include in your comments a reference to the § 63.71 Application of (carrier's name). Comments should include specific information about the impact of this proposed discontinuance (or reduction or impairment) upon you or your company, including any inability to acquire reasonable substitute service. ( ii ) If the carrier is dominant with respect to the service being discontinued, reduced or impaired, the notice shall state: The FCC will normally authorize this proposed discontinuance of service (or reduction or impairment) unless it is shown that customers would be unable to receive service or a reasonable substitute from another carrier or that the public convenience and necessity is otherwise adversely affected. If you wish to object, you should file your comments as soon as possible, but no later than 30 days after the Commission releases public notice of the proposed discontinuance. You may file your comments electronically through the FCC's Electronic Comment Filing System using the docket number established in the Commission's public notice for this proceeding, or you may address them to the Federal Communications Commission, Wireline Competition Bureau, Competition Policy Division, Washington, DC 20554, and include in your comments a reference to the § 63.71 Application of (carrier's name). Comments should include specific information about the impact of this proposed discontinuance (or reduction or impairment) upon you or your company, including any inability to acquire reasonable substitute service. ( 6 ) For applications to discontinue, reduce, or impair an existing retail service as part of a technology transition, as defined in § 63.60(i) , except for applications meeting the requirements of paragraph (f)(2)(ii) of this section, in order to be eligible for automatic grant under paragraph (f) of this section: ( i ) A statement that any service offered in place of the service being discontinued, reduced, or impaired may not provide line power; ( ii ) The information required by § 12.5(d)(1) of this chapter ; ( iii ) A description of any security responsibilities the customer will have regarding the replacement service; and ( iv ) A list of the steps the customer may take to ensure safe use of the replacement service. ( b ) If a carrier uses email to provide notice to affected customers, it must comply with the following requirements in addition to the requirements generally applicable to the notice: ( 1 ) The carrier must have previously obtained express, verifiable, prior approval from retail customers to send notices via email regarding their service in general, or planned discontinuance, reduction, or impairment in particular; ( 2 ) A carrier must ensure that the subject line of the message clearly and accurately identifies the subject matter of the email; and ( 3 ) Any email notice returned to the carrier as undeliverable will not constitute the provision of notice to the customer. ( c ) The carrier shall file with this Commission, on or after the date on which notice has been given to all affected customers, an application which shall contain the following: ( 1 ) Caption—“ Section 63.71 Application”; ( 2 ) Information listed in § 63.71(a) (1) through (4) above; ( 3 ) Brief description of the dates and methods of notice to all affected customers; ( 4 ) Whether the carrier is considered dominant or non-dominant with respect to the service to be discontinued, reduced or impaired; and ( 5 ) Any other information the Commission may require. ( d ) [Reserved] ( e ) Discontinuance applications and all related attachments to the application filed under this section shall be filed through the “Submit a Non-Docketed Filing” module of the Commission's Electronic Comment Filing System. ( f ) ( 1 ) The application to discontinue, reduce, or impair service, if filed by a domestic, non-dominant carrier, or any carrier meeting the requirements of paragraph (f)(2)(ii) of this section, shall be automatically granted on the 31st day after its filing with the Commission without any Commission notification to the applicant unless the Commission has notified the applicant that the grant will not be automatically effective. The application to discontinue, reduce, or impair service, if filed by a domestic, dominant carrier, shall be automatically granted on the 60th day after its filing with the Commission without any Commission notification to the applicant unless the Commission has notified the applicant that the grant will not be automatically effective. For purposes of this section, an application will be deemed filed on the date the Commission releases public notice of the filing. ( 2 ) An application to discontinue, reduce, or impair an existing retail service as part of a technology transition, as defined in § 63.60(i) , may be automatically granted only if: ( i ) The applicant provides affected customers with the notice required under paragraph (a)(6) of this section, and the application contains the showing or certification described in § 63.602(b) ; or ( ii ) The applicant: ( A ) Offers a stand-alone interconnected VoIP service, as defined in § 9.3 of this chapter , throughout the affected service area, and ( B ) At least one other alternative stand-alone facilities-based wireline or wireless voice service is available from another unaffiliated provider throughout the affected service area. ( iii ) For purposes of this paragraph (f)(2) , “stand-alone” means that a customer is not required to purchase a separate broadband service to access the voice service. ( g ) Notwithstanding any other provision of this section, a carrier is not required to file an application to discontinue, reduce, or impair a service for which the requesting carrier has had no customers or reasonable requests for service during the 30-day period immediately preceding the discontinuance. ( h ) An application to discontinue, reduce, or impair an existing retail service as part of a technology transition, as defined in § 63.60(i) , except for an application meeting the requirements of paragraphs (f)(2)(ii) and (k) of this section, shall contain the information required by § 63.602 . The certification or showing described in § 63.602(b) is only required if the applicant seeks eligibility for automatic grant under paragraph (f)(2)(i) of this section. ( i ) An application to discontinue, reduce, or impair a service filed by a competitive local exchange carrier in response to a copper retirement notice filed pursuant to § 51.333 of this chapter shall be automatically granted on the effective date of the copper retirement; provided that: ( 1 ) The competitive local exchange carrier submits the application to the Commission for filing at least 40 days prior to the copper retirement effective date; and ( 2 ) The application includes a certification, executed by an officer or other authorized representative of the applicant and meeting the requirements of § 1.16 of this chapter , that the copper retirement is the basis for the application. ( j ) Procedures for discontinuance, reduction or impairment of international services are in § 63.19 . ( k ) Notwithstanding paragraphs (a)(5) , (a)(6) , and (f) of this section, the following requirements apply to applications for legacy voice services or data services operating at speeds lower than 1.544 Mbps: ( 1 ) Where any carrier, dominant or non-dominant, seeks to: ( i ) Grandfather any legacy voice service; ( ii ) Grandfather any data service operating at speeds lower than 1.544 Mbps; or ( iii ) Discontinue, reduce, or impair a legacy data service operating at speeds lower than 1.544 Mbps that has been grandfathered for a period of no less than 180 days consistent with the criteria established in paragraph (k)(2) of this section, the notice shall state: The FCC will normally authorize this proposed discontinuance of service (or reduction or impairment) unless it is shown that customers would be unable to receive service or a reasonable substitute from another carrier or that the public convenience and necessity is otherwise adversely affected. If you wish to object, you should file your comments as soon as possible, but no later than 10 days after the Commission releases public notice of the proposed discontinuance. You may file your comments electronically through the FCC's Electronic Comment Filing System using the docket number established in the Commission's public notice for this proceeding, or you may address them to the Federal Communications Commission, Wireline Competition Bureau, Competition Policy Division, Washington, DC 20554, and include in your comments a reference to the § 63.71 Application of (carrier's name). Comments should include specific information about the impact of this proposed discontinuance (or reduction or impairment) upon you or your company, including any inability to acquire reasonable substitute service. ( 2 ) For applications to discontinue, reduce, or impair a legacy data service operating at speeds lower than 1.544 Mbps that has been grandfathered for a period of no less than 180 days, in order to be eligible for automatic grant under paragraph (k)(4) of this section, an applicant must include in its application a statement confirming that it received Commission authority to grandfather the service at issue at least 180 days prior to filing the current application. ( 3 ) An application filed by any carrier seeking to grandfather any legacy voice service or to grandfather any data service operating at speeds lower than 1.544 Mbps for existing customers shall be automatically granted on the 25th day after its filing with the Commission without any Commission notification to the applicant unless the Commission has notified the applicant that the grant will not be automatically effective. ( 4 ) An application filed by any carrier seeking to discontinue, reduce, or impair a legacy data service operating at speeds lower than 1.544 Mbps that has been grandfathered for 180 days or more preceding the filing of the application, shall be automatically granted on the 31st day after its filing with the Commission without any Commission notification to the applicant, unless the Commission has notified the applicant that the grant will not be automatically effective. ( l ) Notwithstanding paragraphs (a)(5) , (a)(6) , and (f) of this section, the following requirements apply to applications for data services operating at or above 1.544 Mbps in both directions but below 25 Mbps download, and 3 Mbps upload, provided that the carrier offers alternative fixed data services in the affected service area at speeds of at least 25 Mbps download and 3 Mbps upload: ( 1 ) Where any carrier, dominant or non-dominant, seeks to: ( i ) Grandfather such data service; or ( ii ) Discontinue, reduce, or impair such data service that has been grandfathered for a period of no less than 180 days consistent with the criteria established in paragraph (l)(2) of this section, the notice to all affected customers shall state: The FCC will normally authorize this proposed discontinuance of service (or reduction or impairment) unless it is shown that customers would be unable to receive service or a reasonable substitute from another carrier or that the public convenience and necessity is otherwise adversely affected. If you wish to object, you should file your comments as soon as possible, but no later than 10 days after the Commission releases public notice of the proposed discontinuance. You may file your comments electronically through the FCC's Electronic Comment Filing System using the docket number established in the Commission's public notice for this proceeding, or you may address them to the Federal Communications Commission, Wireline Competition Bureau, Competition Policy Division, Washington, DC 20554, and include in your comments a reference to the § 63.71 Application of (carrier's name). Comments should include specific information about the impact of this proposed discontinuance (or reduction or impairment) upon you or your company, including any inability to acquire reasonable substitute service. ( 2 ) For applications to discontinue, reduce, or impair such data service that has been grandfathered for a period of no less than 180 days, in order to be eligible for automatic grant under paragraph (l)(4) of this section, an applicant must include in its application a statement confirming that it received Commission authority to grandfather the service at issue at least 180 days prior to filing the current application. ( 3 ) An application seeking to grandfather such a data service shall be automatically granted on the 25th day after its filing with the Commission without any Commission notification to the applicant unless the Commission has notified the applicant that the grant will not be automatically effective. ( 4 ) An application seeking to discontinue, reduce, or impair such a data service that has been grandfathered under this section for 180 days or more preceding the filing of the application, shall be automatically granted on the 31st day after its filing with the Commission without any Commission notification to the applicant, unless the Commission has notified the applicant that the grant will not be automatically effective. [ 64 FR 39939 , July 23, 1999, as amended at 71 FR 65751 , Nov. 9, 2006; 73 FR 56741 , Sept. 30, 2008; 80 FR 1588 , Jan. 13, 2015; 80 FR 63373 , Oct. 19, 2015; 81 FR 62656 , Sept. 12, 2016; 82 FR 25711 , June 2, 2017; 82 FR 61478 , Dec. 28, 2017; 83 FR 31675 , July 9, 2018] § 63.90 Publication and posting of notices. ( a ) Immediately upon the filing of an application or informal request (except a request under § 63.71 ) for authority to close or otherwise discontinue the operation, or reduce the hours of service at a telephone exchange (except an exchange located at a military establishment), the applicant shall post a public notice at least 51 cm by 61 cm (20 inches by 24 inches), with letter of commensurate size, in a conspicuous place in the exchange affected, and also in the window of any such exchange having window space fronting on a public street at street level. Such notice shall be posted at least 14 days and shall contain the following information, as may be applicable: ( 1 ) Date of first posting of notice; ( 2 ) Name of applicant; ( 3 ) A statement that application has been made to the Federal Communications Commission; ( 4 ) Date when application was filed in the Commission; ( 5 ) A description of the discontinuance, reduction, or impairment of service for which authority is sought including the address or other appropriate identification of the exchange or station involved; ( 6 ) If applicant proposes to reduce hours of service, a description of present and proposed hours of service; ( 7 ) A complete description of the substitute service, if any, to be provided if the application is granted. ( 8 ) A statement that any member of the public desiring to protest or support the application may communicate in writing with the Federal Communications Commission, Washington, DC 20554, on or before a specified date which shall be 20 days from the date of first posting of the notice. ( b ) Immediately upon the filing of an application or informal request of the nature described in paragraph (a) of this section, the applicant shall also cause to be published a notice of not less than 10 column centimeters (4 column inches) in size containing information similar to that specified in paragraph (a), at least once during each of 2 consecutive weeks, in some newspaper of general circulation in the community or part of the community affected. ( c ) Immediately upon the filing of an application or informal request or upon the filing of a formal application to close a public toll station (except a toll station located at a military establishment), applicant shall post a public notice at least A3 (29.7 cm × 42.0 cm) or 11 in × 17 in (27.9 cm × 43.2 cm) in size as provided in paragraph (a) of this section or, in lieu thereof, applicant shall cause to be published a newspaper notice as provided in paragraph (b) of this section. ( d ) Immediately upon the filing of any application or informal request for authority to discontinue, reduce, or impair service, or any notice of resumption of service under § 63.63(b) , the applicant shall give written notice of the filing together with a copy of such application to the State Commission (as defined in section 3(t) of the Communications Act of 1934, as amended) of each State in which any discontinuance, reduction or impairment is proposed. ( e ) When the posting, publication, and notification as required in paragraphs (a) , (b) , (c) and (d) of this section have been completed, applicant shall report such fact to the Commission, stating the name of the newspaper in which publication was made, the name of the Commissions notified, and the dates of posting, publication, and notification. [ 45 FR 6585 , Jan. 29, 1980, as amended at 45 FR 76169 , Nov. 18, 1980; 58 FR 44907 , Aug. 25, 1993; 60 FR 35510 , July 10, 1995] § 63.100 Notification of service outage. The requirements for communications providers concerning communications disruptions and the filing of outage reports are set forth in part 4 of this chapter . [ 69 FR 70342 , Dec. 3, 2004] Contents of Applications; Examples § 63.500 Contents of applications to dismantle or remove a trunk line. The application shall contain: ( a ) The name and address of each applicant; ( b ) The name, title, and post office address of the officer to whom correspondence concerning the application is to be addressed; ( c ) Nature of proposed discontinuance, reduction, or impairment; ( d ) Identification of community or part of community involved and date on which applicant desires to make proposed discontinuance, reduction, or impairment effective; if for a temporary period only, indicate the approximate period for which authorization is desired; ( e ) Proposed new tariff listing, if any, and difference, if any, between present charges to the public and charges for the service to be substituted; ( f ) Description of the service area affected including population and general character of business of the community; ( g ) Name of any other carrier or carriers providing telephone service to the community; ( h ) Statement of the reasons for proposed discontinuance, reduction, or impairment; ( i ) Statement of the factors showing that neither present nor future public convenience and necessity would be adversely affected by the granting of the application; ( j ) Description of any previous discontinuance, reduction, or impairment of service to the community affected by the application, which has been made by the applicant during the 12 months preceding filing of application, and statement of any present plans for future discontinuance, reduction, or impairment of service to such community; ( k ) A map or sketch showing: ( 1 ) Routes of line proposed to be removed from service and of alternate lines, if any, to be retained; ( 2 ) Type and ownership of structures (open wire, aerial cable, underground cable, carrier systems, etc.); ( 3 ) Cities and towns along routes with approximate population of each, and route kilometers between the principal points; ( 4 ) Location of important operating centers and repeater or relay points; ( 5 ) State boundary lines through which the facilities extend; ( l ) A wire chart showing, for both the line proposed to be removed and the alternate lines to be retained, the regular and normal assignment of each wire, its method of operation, the number of channels and normal assignment of each; ( m ) The number of wires or cables to be removed and the kind, size, and length of each; ( n ) A complete statement showing how the traffic load on the line proposed to be removed will be diverted to other lines and the adequacy of such other lines to handle the increased load. [ 28 FR 13229 , Dec. 5, 1963, as amended at 58 FR 44907 , Aug. 25, 1993; 82 FR 48777 , Oct. 20, 2017] § 63.501 Contents of applications to sever physical connection or to terminate or suspend interchange of traffic with another carrier. The application shall contain: ( a ) The name and address of each applicant; ( b ) The name, title, and post office address of the officer to whom correspondence concerning the application is to be addressed; ( c ) Nature of the proposed change; ( d ) Identification of community or part of community involved and date on which applicant desires to make proposed discontinuance, reduction, or impairment effective; if for a temporary period only, indicate the approximate period for which authorization is desired; ( e ) Proposed new tariff listing, if any, and differences, if any, between present charges to the public and charges for the service to be substituted; ( f ) Description of the service area affected including population and general character of business of the community; ( g ) Name of any other carrier or carriers providing telephone service to the community; ( h ) Statement of the reasons for proposed discontinuance, reduction, or impairment; ( i ) Statement of the factors showing that neither present nor future public convenience and necessity would be adversely affected by the granting of the application; ( j ) Description of any previous discontinuance, reduction, or impairment of service to the community affected by the application, which has been made by the applicant during the 12 months preceding filing of application, and statement of any present plans for future discontinuance, reduction, or impairment of service to such community; ( k ) Name of other carrier; ( l ) Points served through such physical connection or interchange; ( m ) Description of the service involved; ( n ) Statement as to how points served by means of such physical connection or interchange will be served thereafter; ( o ) Amount of traffic interchanged for each month during preceding 6-month period; ( p ) Statement as to whether severance of physical connection or termination or suspension of interchange of traffic is being made with consent of other carrier. [ 28 FR 13229 , Dec. 5, 1963, as amended at 82 FR 48777 , Oct. 20, 2017] § 63.504 Contents of applications to close a public toll station where no other such toll station of the applicant in the community will continue service and where telephone toll service is not otherwise available to the public through a telephone exchange connected with the toll lines of a carrier. The application shall contain: ( a ) The name and address of each applicant; ( b ) The name, title, and post office address of the officer to whom correspondence concerning the application is to be addressed; ( c ) Nature of proposed discontinuance, reduction, or impairment; ( d ) Identification of community or part of community involved and date on which applicant desires to make proposed discontinuance, reduction, or impairment effective; if for a temporary period only, indicate the approximate period for which authorization is desired; ( e ) Proposed new tariff listing, if any, and difference, if any, between present charges to the public and charges for the service to be substituted, if any; ( f ) Description of the service area affected including population and general character of business of the community; ( g ) Name of other carrier or carriers, if any, which will provide toll station service in the community; ( h ) Statement of the reasons for proposed discontinuance, reduction, or impairment; ( i ) Statement of the factors showing that neither present nor future public convenience and necessity would be adversely affected by the granting of the application; ( j ) Description of any previous discontinuance, reduction, or impairment of service to the community affected by the application, which has been made by the applicant during the 12 months preceding filing of application, and statement of any present plans for future discontinuance, reduction, or impairment of service to such community; ( k ) Description of the service involved, including a statement of the number of toll telephone messages sent-paid and received-collect, and the revenues from such traffic, in connection with the service proposed to be discontinued for each of the past 6 months; and, if the volume of such traffic handled in the area has decreased during recent years, the reasons therefor. [ 28 FR 13229 , Dec. 5, 1963, as amended at 82 FR 48777 , Oct. 20, 2017] § 63.505 Contents of applications for any type of discontinuance, reduction, or impairment of telephone service not specifically provided for in this part. The application shall contain: ( a ) The name and address of each applicant; ( b ) The name, title, and post office address of the officer to whom correspondence concerning the application is to be addressed; ( c ) Nature of proposed discontinuance, reduction, or impairment; ( d ) Identification of community or part of community involved and date on which applicant desires to make proposed discontinuance, reduction or impairment effective, if for a temporary period only, indicate the approximate period for which authorization is desired; ( e ) Proposed new tariff listing, if any, and difference, if any, between present charges to the public and charges for the service to be substituted; ( f ) Description of the service area affected including population and general character of business of the community; ( g ) Name of any other carrier or carriers providing telephone service to the community; ( h ) Statement of the reasons for proposed discontinuance, reduction, or impairment; ( i ) Statement of the factors showing that neither present nor future public convenience and necessity would be adversely affected by the granting of the application; ( j ) Description of any previous discontinuance, reduction, or impairment of service to the community affected by the application, which has been made by the applicant during the 12 months preceding filing of application, and statement of any present plans for future discontinuance, reduction, or impairment of service to such community; ( k ) Description of the service involved, including: ( 1 ) Existing telephone service by the applicant available to the community or part thereof involved; ( 2 ) Telephone service (available from applicant or others) which would remain in the community or part thereof involved in the event the application is granted; ( l ) A statement of the number of toll messages sent-paid and received-collect and the revenues from such traffic in connection with the service proposed to be discontinued, reduced, or impaired for each of the past 6 months; and, if the volume of such traffic handled in the area has decreased during recent years, the reasons therefor. [ 45 FR 6586 , Jan. 29, 1980] § 63.601 Contents of applications for authority to reduce the hours of service of public coast stations under the conditions specified in § 63.70 . F.C.C. File No. T_D___ Month ____ Year ____ (Name of applicant) (Address of applicant) In the matter of Proposed Reduction in Hours of Service of a Public Coast Station Pursuant to § 63.70 of the Commission's rules. Data regarding public coast station (Call and address) Present hours: Monday through Friday Saturday Sunday Proposed hours: Monday through Friday Saturday Sunday Proposed effective time and date of change Average number of messages handled for month of ________, 19__ during total hours to be deleted during maximum hour to be deleted Data regarding substitute service to be provided by other public coast stations available and capable of providing service to the community affected, or in the marine area served by the public coast station involved: Station call and location Operated by Hours of service Monday thru Friday Saturday Sunday § 63.602 Additional contents of applications to discontinue, reduce, or impair an existing retail service as part of a technology transition. ( a ) The application shall include: ( 1 ) The contents specified in § 63.505 of this part ; ( 2 ) A statement identifying the application as involving a technology transition, as defined in § 63.60(i) ; ( 3 ) Information regarding the price of the service for which discontinuance authority is sought and the price of the proposed replacement service; and ( 4 ) A certification, executed by an officer or other authorized representative of the applicant and meeting the requirements of § 1.16 of this chapter , that the information required by this section is true and accurate. ( b ) In order to be eligible for automatic grant under § 63.71(f) of this part , an applicant must demonstrate that a service(s) identified pursuant to § 63.505(k)(2) of this part is an adequate replacement for the voice service identified pursuant to § 63.505(k)(1) of this part by either certifying or showing, based on the totality of the circumstances, that one or more replacement service(s) satisfies all of the following criteria: ( 1 ) Offers substantially similar levels of network infrastructure and service quality as the service being discontinued; Note to paragraph ( b )(1): For purposes of this section, “substantially similar” means that the network operates at a sufficient level such that it will allow the network platform to ensure adequate service quality for interactive and highly-interactive applications or services, in particular voice service quality, and support applications and functionalities that run on those services. ( 2 ) ( i ) Complies with regulations regarding the availability and functionality of 911 service for consumers and public safety answering points (PSAPs), specifically §§ 1.7001 through .7002, 9.5, 12.4, 12.5, 20.18, 20.3, 64.3001 of this chapter; ( ii ) Offers comparably effective protection from network security risks as the service being discontinued; and ( iii ) Complies with regulations governing accessibility, usability, and compatibility requirements for: ( A ) Telecommunications services and functionalities; ( B ) Voicemail and interactive menu functionalities; and ( C ) Advanced communications services, specifically 47 CFR 6.1 through 6.11 , 7.1 through 7.11 , 14.1 through 14.21 , 14.60 through 14.61 ; and ( 3 ) Offers interoperability with key applications and functionalities. [ 81 FR 62656 , Sept. 12, 2016, as amended at 85 FR 84266 , Dec. 28, 2020] Request for Designation as a Recognized Private Operating Agency § 63.701 Contents of application. Except as otherwise provided in this part, any party requesting designation as a recognized operating agency within the meaning of the International Telecommunication Convention shall file a request for such designation with the Commission. A request for designation as a recognized operating agency within the meaning of the International Telecommunication Convention shall include a statement of the nature of the services to be provided and a statement that the party is aware that it is obligated under Article 6 of the ITU Constitution to obey the mandatory provisions thereof, and all regulations promulgated thereunder, and a pledge that it will engage in no conduct or operations that contravene such mandatory provisions and that it will otherwise obey the Convention and regulations in all respects. The party must also include a statement that it is aware that failure to comply will result in an order from the Federal Communications Commission to cease and desist from future violations of an ITU regulation and may result in revocation of its recognized operating agency status by the United States Department of State. Such statement must include the following information where applicable: ( a ) The name and address of each applicant; ( b ) The Government, State, or Territory under the laws of which each corporate applicant is organized; ( c ) The name, title and post office address of the officer of a corporate applicant, or representative of a non-corporate applicant, to whom correspondence concerning the application is to be addressed; ( d ) A statement of the ownership of a non-corporate applicant, or the ownership of the stock of a corporate applicant, including an indication whether the applicant or its stock is owned directly or indirectly by an alien; ( e ) A copy of each corporate applicant's articant's articles of incorporation (or its equivalent) and of its corporate bylaws; ( f ) A statement whether the applicant is a carrier subject to section 214 of the Communications Act, an operator of broadcast or other radio facilities, licensed under title III of the Act, capable of causing harmful interference with the radio transmissions of other countries, or a non-carrier provider of services classed as “enhanced” under § 64.702(a) ; ( g ) A statement that the services for which designated as a recognized private operating agency is sought will be extended to a point outside the United States or are capable of causing harmful interference of other radio transmission and a statement of the nature of the services to be provided; ( h ) A statement setting forth the points between which the services are to be provided; and ( i ) A statement as to whether covered services are provided by facilities owned by the applicant, by facilities leased from another entity, or other arrangement and a description of the arrangement. ( j ) Subject to the availability of electronic forms, all filings described in this section must be filed electronically through the International Communications Filing System (ICFS). A list of forms that are available for electronic filing can be found on the ICFS homepage. For information on electronic filing requirements, see §§ 1.1000 through 1.10018 of this chapter and the ICFS homepage at https://www.fcc.gov/icfs . See also §§ 63.20 and 63.53 . [ 51 FR 18448 , May 20, 1986, as amended at 69 FR 29902 , May 26, 2004; 70 FR 38800 , July 6, 2005; 88 FR 21445 , Apr. 10, 2023] § 63.702 Form. Application under § 63.701 shall be submitted in the form specified in § 63.53 for applications under section 214 of the Communications Act. [ 51 FR 18448 , May 20, 1986]
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PART 25—SATELLITE COMMUNICATIONS Authority: 47 U.S.C. 154 , 301 , 302 , 303 , 307 , 309 , 310 , 319 , 332 , 605 , and 721 , unless otherwise noted. Subpart A—General § 25.101 Basis and scope. ( a ) The rules and regulations in this part are issued pursuant to the authority contained in section 201(c)(11) of the Communications Satellite Act of 1962, as amended, section 501(c)(6) of the International Maritime Satellite Telecommunications Act, and titles I through III of the Communications Act of 1934, as amended. ( b ) The rules and regulations in this part supplement, and are in addition to the rules and regulations contained in or to be added to, other parts of this chapter currently in force, or which may subsequently be promulgated, and which are applicable to matters relating to communications by satellites. [ 28 FR 13037 , Dec. 5, 1963, as amended at 56 FR 24015 , May 28, 1991] § 25.102 Station authorization required. ( a ) No person shall use or operate apparatus for the transmission of energy or communications or signals by space or earth stations except under, and in accordance with, an appropriate authorization granted by the Federal Communications Commission. ( b ) Protection from impermissible levels of interference to the reception of signals by earth stations in the Fixed-Satellite Service from terrestrial stations in a co-equally shared band is provided through the authorizations granted under this part. [ 56 FR 24016 , May 28, 1991] § 25.103 Definitions. Terms with definitions including the “(RR)” designation are defined in the same way in § 2.1 of this chapter and in the Radio Regulations of the International Telecommunication Union. 1.5/1.6 GHz Mobile-Satellite Service. Mobile-Satellite Service provided in any portion of the 1525-1559 MHz space-to-Earth band and the 1626.5-1660.5 MHz Earth-to-space band, which are referred to in this rule part as the “1.5/1.6 GHz MSS bands.” 1.6/2.4 GHz Mobile-Satellite Service. A Mobile-Satellite Service that operates in the 1610-1626.5 MHz and 2483.5-2500 MHz bands, or in any portion thereof. 2 GHz Mobile-Satellite Service. A Mobile-Satellite Service that operates in the 2000-2020 MHz and 2180-2200 MHz bands, or in any portion thereof. 17/24 GHz Broadcasting-Satellite Service (17/24 GHz BSS). A radiocommunication service involving transmission from one or more feeder-link earth stations to other earth stations via geostationary satellites, in the 17.3-17.7 GHz (space-to-Earth) (domestic allocation), 17.3-17.8 GHz (space-to-Earth) (international allocation) and 24.75-25.25 GHz (Earth-to-space) bands. For purposes of the application processing provisions of this part, the 17/24 GHz BSS is a GSO-like service. Unless specifically stated otherwise, 17/24 GHz BSS systems are subject to the rules in this part applicable to FSS. Ancillary Terrestrial Component (ATC). A terrestrial communications network used in conjunction with a qualifying satellite network system authorized pursuant to these rules and the conditions established in the Orders issued in IB Docket No. 01-185, Flexibility for Delivery of Communications by Mobile-Satellite Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Band. Ancillary Terrestrial Component (ATC) base station. A terrestrial fixed facility used to transmit communications to or receive communications from one or more ancillary terrestrial component mobile terminals. Ancillary Terrestrial Component (ATC) mobile terminal. A terrestrial mobile facility used to transmit communications to or receive communications from an ancillary terrestrial component base station or a space station. Blanket license. A license for: ( 1 ) Multiple earth stations in the FSS or MSS, or for SDARS terrestrial repeaters, that may be operated anywhere within a geographic area specified in the license; or ( 2 ) For multiple space stations in non-geostationary-orbit. Contiguous United States (CONUS). For purposes of subparts B and C of this part , the contiguous United States consists of the contiguous 48 states and the District of Columbia as defined by Partial Economic Areas Nos. 1-41, 43-211, 213-263, 265-297, 299-359, and 361-411, which includes areas within 12 nautical miles of the U.S. Gulf coastline. In this context, the rest of the United States includes the Honolulu, Anchorage, Kodiak, Fairbanks, Juneau, Puerto Rico, Guam-Northern Mariana Islands, U.S. Virgin Islands, American Samoa, and the Gulf of Mexico PEAs (Nos. 42, 212, 264, 298, 360, 412-416). See § 27.6(m) of this chapter . Conventional C-band. The 3700-4200 MHz (space-to-Earth) and 5925-6425 MHz (Earth-to-space) FSS frequency bands. Conventional Ka-band. The 18.3-18.8 GHz (space-to-Earth), 19.7-20.2 GHz (space-to-Earth), 28.35-28.6 GHz (Earth-to-space), and 29.25-30.0 GHz (Earth-to-space) frequency bands, which the Commission has designated as primary for GSO FSS operation. Conventional Ku-band. The 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz (Earth-to-space) FSS frequency bands. Coordination distance. When determining the need for coordination, the distance on a given azimuth from an earth station sharing the same frequency band with terrestrial stations, or from a transmitting earth station sharing the same bidirectionally allocated frequency band with receiving earth stations, beyond which the level of permissible interference will not be exceeded and coordination is therefore not required. (RR) Direct Broadcast Satellite (DBS) Service. A radiocommunication service in which signals transmitted or retransmitted by Broadcasting-Satellite Service space stations in the 12.2-12.7 GHz band are intended for direct reception by subscribers or the general public. For the purposes of this definition, the term direct reception includes individual reception and community reception. Earth station. A station located either on the Earth's surface or within the major portion of the Earth's atmosphere intended for communication: ( 1 ) With one or more space stations; or ( 2 ) With one or more stations of the same kind by means of one or more reflecting satellites or other objects in space. (RR) Earth Station Aboard Aircraft (ESAA). An earth station operating aboard an aircraft that receives from and transmits to Fixed-Satellite Service space stations. Earth Station in Motion (ESIM). A term that collectively designates ESV, VMES and ESAA earth stations, as defined in this section. Earth Station on Vessel (ESV). An earth station onboard a craft designed for traveling on water, receiving from and transmitting to Fixed-Satellite Service space stations. Equivalent diameter. When circular aperture reflector antennas are employed, the size of the antenna is generally expressed as the diameter of the antenna's main reflector. When non-reflector or non-circular-aperture antennas are employed, the equivalent diameter is the diameter of a hypothetical circular-aperture antenna with the same aperture area as the actual antenna. For example, an elliptical aperture antenna with major axis a and minor axis b will have an equivalent diameter of [ a × b ] 1/2 . A rectangular aperture antenna with length l and width w will have an equivalent diameter of [4( l × w )/π] 1/2 . Equivalent Power Flux Density (EPFD). The sum of the power flux densities produced at a geostationary-orbit receive earth or space station on the Earth's surface or in the geostationary orbit, as appropriate, by all the transmit stations within a non-geostationary-orbit Fixed-Satellite Service system, taking into account the off-axis discrimination of a reference receiving antenna assumed to be pointing in its nominal direction. The equivalent power flux density, in dB(W/m 2 ) in the reference bandwidth, is calculated using the following formula: Where: N a is the number of transmit stations in the non-geostationary orbit system that are visible from the GSO receive station considered on the Earth's surface or in the geostationary orbit, as appropriate; i is the index of the transmit station considered in the non-geostationary orbit system; P i is the RF power at the input of the antenna of the transmit station, considered in the non-geostationary orbit system in dBW in the reference bandwidth; θ i is the off-axis angle between the boresight of the transmit station considered in the non-geostationary orbit system and the direction of the GSO receive station; G t (θ i ) is the transmit antenna gain (as a ratio) of the station considered in the non-geostationary orbit system in the direction of the GSO receive station; d i is the distance in meters between the transmit station considered in the non-geostationary orbit system and the GSO receive station; φ i is the off-axis angle between the boresight of the antenna of the GSO receive station and the direction of the i th transmit station considered in the non-geostationary orbit system; G r (θ i ) is the receive antenna gain (as a ratio) of the GSO receive station in the direction of the i th transmit station considered in the non-geostationary orbit system; G r, max is the maximum gain (as a ratio) of the antenna of the GSO receive station. Extended C-band. The 3600-3700 MHz (space-to-Earth), 5850-5925 MHz (Earth-to-space), and 6425-6725 MHz (Earth-to-space) FSS frequency bands. Extended Ka-band. The 17.3-18.3 GHz (space-to-Earth), 18.8-19.4 GHz (space-to-Earth), 19.6-19.7 GHz (space-to-Earth), 27.5-28.35 GHz (Earth-to-space), and 28.6-29.1 GHz (Earth-to-space) FSS frequency bands. Extended Ku-band. The 10.95-11.2 GHz (space-to-Earth), 11.45-11.7 GHz (space-to-Earth), and 13.75-14.0 GHz bands (Earth-to-space) FSS frequency bands. Feeder link. A radio link from a fixed earth station at a given location to a space station, or vice versa, conveying information for a space radiocommunication service other than the Fixed-Satellite Service. The given location may be at a specified fixed point or at any fixed point within specified areas. (RR) Fixed earth station. An earth station intended to be used at a fixed position. The position may be a specified fixed point or any fixed point within a specified area. Fixed-Satellite Service (FSS). A radiocommunication service between earth stations at given positions, when one or more satellites are used; the given position may be a specified fixed point or any fixed point within specified areas; in some cases this service includes satellite-to-satellite links, which may also be operated in the inter-satellite service; the Fixed-Satellite Service may also include feeder links of other space radiocommunication services. (RR) Geographically independent area (GIA). Any of the following six areas: ( 1 ) CONUS; ( 2 ) Alaska; ( 3 ) Hawaii; ( 4 ) American Samoa; ( 5 ) Puerto Rico/U.S. Virgin Islands; and ( 6 ) Guam/Northern Mariana Islands. Geostationary-orbit (GSO) satellite. A geosynchronous satellite whose circular and direct orbit lies in the plane of the Earth's equator and which thus remains fixed relative to the Earth; by extension, a geosynchronous satellite which remains approximately fixed relative to the Earth. Inter-Satellite Service. A radiocommunication service providing links between artificial earth satellites. Ku band. In this rule part, the terms “Ku band” and “conventional Ku band” refer to the 11.7-12.2 GHz (space-to-Earth) and 14.0-14.5 GHz (Earth-to-space) bands. These paired bands are allocated to the Fixed-Satellite Service and are also referred to as the 12/14 GHz bands. Land earth station. An earth station in the Fixed-Satellite Service or, in some cases, in the Mobile-Satellite Service, located at a specified fixed point or within a specified area on land to provide a feeder link for the Mobile-Satellite Service. (RR) Land Mobile Earth Station. A mobile earth station in the land mobile-satellite service capable of surface movement within the geographical limits of a country or continent. (RR) Mobile Earth Station. An earth station in the Mobile-Satellite Service intended to be used while in motion or during halts at unspecified points. (RR) Mobile-Satellite Service (MSS). ( 1 ) A radiocommunication service: ( i ) Between mobile earth stations and one or more space stations, or between space stations used by this service; or ( ii ) Between mobile earth stations, by means of one or more space stations. ( 2 ) This service may also include feeder links necessary for its operation. (RR) Network Control and Monitoring Center (NCMC). An NCMC, as used in Part 25, is a facility that has the capability to remotely control earth stations operating as part of a satellite network or system. NGSO. Non-geostationary orbit. NGSO FSS gateway earth station. An earth station or complex of multiple earth station antennas that supports the routing and switching functions of an NGSO FSS system and that does not originate or terminate communication traffic. An NGSO FSS gateway earth station may also be used for telemetry, tracking, and command transmissions and is not for the exclusive use of any customer. Non-Voice, Non-Geostationary (NVNG) Mobile-Satellite Service. A Mobile-Satellite Service reserved for use by non-geostationary satellites in the provision of non-voice communications which may include satellite links between land earth stations at fixed locations. Permitted Space Station List. A list of all U.S.-licensed geostationary-orbit space stations providing Fixed-Satellite Service in the conventional C band, the conventional Ku band, or the 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz bands, as well as non-U.S.-licensed geostationary-orbit space stations approved for U.S. market access to provide Fixed-Satellite Service in the conventional C band, conventional Ku band, or 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30.0 GHz bands. Plane perpendicular to the GSO arc. The plane that is perpendicular to the “plane tangent to the GSO arc,” as defined below, and includes a line between the earth station in question and the GSO space station that it is communicating with. Plane tangent to the GSO arc. The plane defined by the location of an earth station's transmitting antenna and a line in the equatorial plane that is tangent to the GSO arc at the location of the GSO space station that the earth station is communicating with. Power flux density (PFD). The amount of power flow through a unit area within a unit bandwidth. The units of power flux density are those of power spectral density per unit area, namely watts per hertz per square meter. These units are generally expressed in decibel form as dB(W/Hz/m 2 ), dB(W/m 2 ) in a 4 kHz band, or dB(W/m 2 ) in a 1 MHz band. Power Spectral Density (PSD). The amount of an emission's transmitted carrier power applied at the antenna input falling within the stated bandwidth. The units of power spectral density are watts per hertz and are generally expressed in decibel form as dB(W/Hz) when measured in a 1 Hz bandwidth, dB(W/4kHz) when measured in a 4 kHz bandwidth, or dB(W/MHz) when measured in a 1 MHz bandwidth. Protection areas. The geographic regions where U.S. Department of Defense meteorological satellite systems or National Oceanic and Atmospheric Administration meteorological satellite systems, or both such systems, receive signals from low earth orbiting satellites. Also, areas around NGSO MSS feeder-link earth stations in the 1.6/2.4 GHz Mobile-Satellite Service determined in the manner specified in § 25.203(j) . Radiodetermination-Satellite Service. A radiocommunication service for the purpose of radiodetermination involving the use of one of more space stations. This service may also include feeder links necessary for its own operation. (RR) Routine processing or licensing. Expedited processing of unopposed applications for earth stations in the FSS communicating with GSO space stations that satisfy the criteria in § 25.211(d) , § 25.212(c) through (f) , or § 25.218 , include all required information, are consistent with all Commission rules, and do not raise any policy issues. Some, but not all, routine earth station applications are eligible for an autogrant procedure under § 25.115(a)(3) . Satellite Digital Audio Radio Service (SDARS). A radiocommunication service in which audio programming is digitally transmitted by one or more space stations directly to fixed, mobile, and/or portable stations, and which may involve complementary repeating terrestrial transmitters and telemetry, tracking and command facilities. Satellite system. A space system using one or more artificial earth satellites. (RR) SCS earth stations. Any earth station used for the provision of supplemental coverage from space consistent with § 25.115(q) . Selected assignment. A spectrum assignment voluntarily identified by a 2 GHz MSS licensee at the time that the licensee's first 2 GHz Mobile-Satellite Service satellite reaches its intended orbit. Shapeable antenna beam. A satellite transmit or receive antenna beam, the gain pattern of which can be modified at any time without physically repositioning a satellite antenna reflector. Skew angle. The angle between the minor axis of an axially asymmetric antenna beam and the plane tangent to the GSO arc. Small satellite. An NGSO space station eligible for authorization under the application process described in § 25.122 . Small spacecraft. An NGSO space station operating beyond Earth's orbit that is eligible for authorization under the application process described in § 25.123 . Space radiocommunication. Any radiocommunication involving the use of one or more space stations or the use of one or more reflecting satellites or other objects in space. Space station. A station located on an object which is beyond, is intended to go beyond, or has been beyond, the major portion of the Earth's atmosphere. (RR) Space system. Any group of cooperating earth stations and/or space stations employing space radiocommunication for specific purposes. (RR) Spacecraft. A man-made vehicle which is intended to go beyond the major portion of the Earth's atmosphere. (RR) Supplemental coverage from space (SCS). The provision of coverage to terrestrial wireless subscribers through an arrangement or agreement (see § 1.9047 of this chapter ) between one or more NGSO or GSO operator(s) and one or more terrestrial wireless licensee(s), involving transmissions between space stations and SCS earth stations. NGSO and GSO operators and terrestrial wireless service licensees seeking to provide SCS must be authorized in compliance with § 25.125 . Terrestrial radiocommunication. Any radiocommunication other than space radiocommunication or radio astronomy. (RR) Terrestrial station. A station effecting terrestrial radiocommunication. Two-degree-compliant space station. A GSO FSS space station operating in the conventional or extended C-bands, the conventional or extended Ku-bands, the 24.75-25.25 GHz band, or the conventional or extended Ka-bands within the limits on downlink equivalent isotropically radiated power (EIRP) density or PFD specified in § 25.140(a)(3) or (b)(3) and communicating only with earth stations operating in conformance with routine uplink parameters specified in § 25.211(d) , § 25.212(c) , (d) , or (f) , or § 25.218 . Vehicle-Mounted Earth Station (VMES). An earth station, operating from a motorized vehicle that travels primarily on land, that receives from and transmits to Fixed-Satellite Service space stations and operates within the United States. [ 79 FR 8311 , Feb. 12, 2014, as amended at 79 FR 26868 , May 12, 2014; 81 FR 55324 , Aug. 18, 2016; 83 FR 34489 , July 20, 2018; 84 FR 53651 , Oct. 8, 2019; 84 FR 66779 , Dec. 5, 2019; 85 FR 22864 , Apr. 23, 2020; 85 FR 44786 , July 24, 2020; 85 FR 43733 , July 20, 2020; 87 FR 72403 , Nov. 25, 2022; 89 FR 34166 , Apr. 30, 2024] § 25.104 Preemption of local zoning of earth stations. ( a ) Any state or local zoning, land-use, building, or similar regulation that materially limits transmission or reception by satellite earth station antennas, or imposes more than minimal costs on users of such antennas, is preempted unless the promulgating authority can demonstrate that such regulation is reasonable, except that nonfederal regulation of radio frequency emissions is not preempted by this section. For purposes of this paragraph (a) , reasonable means that the local regulation: ( 1 ) Has a clearly defined health, safety, or aesthetic objective that is stated in the text of the regulation itself; and ( 2 ) Furthers the stated health, safety or aesthetic objective without unnecessarily burdening the federal interests in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers. ( b ) ( 1 ) Any state or local zoning, land-use, building, or similar regulation that affects the installation, maintenance, or use of a satellite earth station antenna that is two meters or less in diameter and is located or proposed to be located in any area where commercial or industrial uses are generally permitted by non-federal land-use regulation shall be presumed unreasonable and is therefore preempted subject to paragraph (b)(2) of this section. No civil, criminal, administrative, or other legal action of any kind shall be taken to enforce any regulation covered by this presumption unless the promulgating authority has obtained a waiver from the Commission pursuant to paragraph (e) of this section, or a final declaration from the Commission or a court of competent jurisdiction that the presumption has been rebutted pursuant to paragraph (b)(2) of this section. ( 2 ) Any presumption arising from paragraph (b)(1) of this section may be rebutted upon a showing that the regulation in question: ( i ) Is necessary to accomplish a clearly defined health or safety objective that is stated in the text of the regulation itself; ( ii ) Is no more burdensome to satellite users than is necessary to achieve the health or safety objective; and ( iii ) Is specifically applicable on its face to antennas of the class described in paragraph (b)(1) of this section. ( c ) Any person aggrieved by the application or potential application of a state or local zoning or other regulation in violation of paragraph (a) of this section may, after exhausting all nonfederal administrative remedies, file a petition with the Commission requesting a declaration that the state or local regulation in question is preempted by this section. Nonfederal administrative remedies, which do not include judicial appeals of administrative determinations, shall be deemed exhausted when: ( 1 ) The petitioner's application for a permit or other authorization required by the state or local authority has been denied and any administrative appeal and variance procedure has been exhausted; ( 2 ) The petitioner's application for a permit or other authorization required by the state or local authority has been on file for ninety days without final action; ( 3 ) The petitioner has received a permit or other authorization required by the state or local authority that is conditioned upon the petitioner's expenditure of a sum of money, including costs required to screen, pole-mount, or otherwise specially install the antenna, greater than the aggregate purchase or total lease cost of the equipment as normally installed; or ( 4 ) A state or local authority has notified the petitioner of impending civil or criminal action in a court of law and there are no more nonfederal administrative steps to be taken. ( d ) Procedures regarding filing of petitions requesting declaratory rulings and other related pleadings will be set forth in subsequent Public Notices. All allegations of fact contained in petitions and related pleadings must be supported by affidavit of a person or persons with personal knowledge thereof. ( e ) Any state or local authority that wishes to maintain and enforce zoning or other regulations inconsistent with this section may apply to the Commission for a full or partial waiver of this section. Such waivers may be granted by the Commission in its sole discretion, upon a showing by the applicant that local concerns of a highly specialized or unusual nature create a necessity for regulation inconsistent with this section. No application for waiver shall be considered unless it specifically sets forth the particular regulation for which waiver is sought. Waivers granted in accordance with this section shall not apply to later-enacted or amended regulations by the local authority unless the Commission expressly orders otherwise. ( f ) A satellite earth station antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one meter or less in diameter or is located in Alaska is covered by the regulations in § 1.4000 of this chapter . [ 61 FR 10898 , Mar. 18, 1996, as amended at 61 FR 46562 , Sept. 4, 1996] Effective Date Note Effective Date Note: At 61 FR 46562 , Sept. 4, 1996, § 25.104 was amended by revising paragraph (b)(1) and adding paragraph (f). These paragraphs contain information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 25.105 Citizenship. The rules that establish the requirements and conditions for obtaining the Commission's prior approval of foreign ownership in common carrier licensees that would exceed the 20 percent limit in section 310(b)(3) of the Communications Act ( 47 U.S.C. 310(b)(3) ) and/or the 25 percent benchmark in section 310(b)(4) of the Act ( 47 U.S.C. 310(b)(4) ) are set forth in §§ 1.5000 through 1.5004 of this chapter . [ 81 FR 86613 , Dec. 1, 2016] §§ 25.106-25.107 [Reserved] § 25.108 Incorporation by reference. Cross Reference Link to an amendment published at 86 FR 49488 , Sept. 3, 2021. Cross Reference Link to an amendment published at 89 FR 58072 , July 17, 2024. ( a ) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov or go to. The material may be obtained from the sources in the following paragraphs of this section. ( b ) European Telecommunications Standards Institute (ETSI), 650 Route des Lucioles, 06921 Sophia-Antipolis Cedex, France; http://www.etsi.org ; Voice: +33 (0)4 92 94 42 00; Fax: +33 (0)4 93 65 47 16; email: webstore@etsi.org . ( 1 ) ETSI TS 103 129 V1.1.2 (2014-03), “Digital Video Broadcasting (DVB); Framing structure, channel coding and modulation of a carrier identification system (DVB-CID) for satellite transmission,” Version 1.1.2, March 2014. Incorporation by reference approved for § 25.281(b) . ( 2 ) [Reserved] ( c ) International Telecommunication Union (ITU), Place des Nations, 1211 Geneva 20 Switzerland; www.itu.int ; Voice: +41 22 730 5111; Fax: +41 22 733 7256; email: itumail@itu.int . ( 1 ) ITU Radio Regulations, Volume 1: Articles, Article 9, “Procedure for effecting coordination with or obtaining agreement of other administrations,” Section II, “Procedure for effecting coordination,” Edition of 2012, http://www.itu.int/pub/R-REG-RR-2012 . Incorporation by reference approved for § 25.111(e) . ( 2 ) ITU Radio Regulations, Volume 1: Articles, Article 21, “Terrestrial and space services sharing frequency bands above 1 GHz,” Section V, “Limits of power flux-density from space stations,” Edition of 2016, copyright 2016, http://www.itu.int/pub/R-REG-RR-2016 . Incorporation by reference approved for § 25.146(a) . ( 3 ) ITU Radio Regulations, Volume 1: Articles, Article 22, “Space services,” Section II, “Control of interference to geostationary-satellite systems,” Edition of 2016, copyright 2016, http://www.itu.int/pub/R-REG-RR-2016 . Incorporation by reference approved for §§ 25.146(a) , 25.289 . ( 4 ) ITU Radio Regulations, Volume 2: Appendices, Appendix 7, “Methods for the determination of the coordination areas around an earth station in the frequency bands between 100 MHz and 105 GHz,” Edition of 2012, http://www.itu.int/pub/R-REG-RR-2012 . Incorporation by reference approved for § 25.203(m) . ( 5 ) ITU Radio Regulations, Volume 2: Appendices, Appendix 30, “Provisions for all services and associated Plans and List for the broadcasting-satellite service in the frequency bands 11.7-12.2 GHz (in Region 3), 11.7-12.5 GHz (in Region 1) and 12.2-12.7 GHz (in Region 2),” Edition of 2012, http://www.itu.int/pub/R-REG-RR-2012 . Incorporation by reference approved for §§ 25.110(b) , 25.117(h) , and 25.118(e) . ( 6 ) ITU Radio Regulations, Volume 2: Appendices, Appendix 30A, “Provisions and associated Plans and List for feeder links for the broadcasting-satellite service (11.7-12.5 GHz in Region 1, 12.2-12.7 GHz in Region 2 and 11.7-12.2 GHz in Region 3) in the frequency bands 14.5-14.8 GHz and 17.3-18.1 GHz in Regions 1 and 3, and 17.3-17.8 GHz in Region 2,” Edition of 2012, http://www.itu.int/pub/R-REG-RR-2012 . Incorporation by reference approved for §§ 25.110(b) , 25.117(h) , and 25.118(e) . ( 7 ) ITU Radio Regulations, Volume 2: Appendices, Appendix 30B, “Provisions and associated Plan for the fixed-satellite service in the frequency bands 4 500-4 800 MHz, 6 725-7 025 MHz, 10.70-10.95 GHz, 11.2-11.45 GHz and 12.75-13.25 GHz,” Edition of 2012, http://www.itu.int/pub/R-REG-RR-2012 . Incorporation by reference approved for §§ 25.110(b) and 25.140(a) . ( 8 ) ITU Radio Regulations, Volume 3: Resolutions and Recommendations, Resolution 76 (Rev.WRC-15), “Protection of geostationary fixed-satellite service and geostationary broadcasting-satellite service networks from the maximum aggregate equivalent power flux-density produced by multiple non-geostationary fixed-satellite service systems in frequency bands where equivalent power flux-density limits have been adopted,” Edition of 2016, copyright 2016, http://www.itu.int/pub/R-REG-RR-2016 . Incorporation by reference approved for § 25.146(a) . ( 9 ) ITU Radio Regulations, Volume 3: Resolutions and Recommendations, Resolution 85 (WRC-03), “Application of Article 22 of the Radio Regulations to the protection of geostationary fixed-satellite service and broadcasting-satellite service networks from non-geostationary fixed-satellite service systems,” Edition of 2016, copyright 2016, http://www.itu.int/pub/R-REG-RR-2016 . Incorporation by reference approved for § 25.146(c) . ( 10 ) Recommendation ITU-R M.1186 “Technical Considerations for the Coordination Between Mobile Satellite Service (MSS) Networks Utilizing Code Division Multiple Access (CDMA) and Other Spread Spectrum Techniques in the 1-3 GHz Band” (1995). Incorporation by reference approved for § 25.254(c) . ( d ) Radio Technical Commission for Maritime Services (RTCM). 1611 N. Kent St., Suite 605, Arlington, VA 22209; email: info@rtcm.org ; website: www.rtcm.org . ( 1 ) RTCM 12800.0, “Satellite Emergency Notification Devices (SENDs),” dated August 1, 2011. Incorporation by reference approved for § 25.301 . ( 2 ) [Reserved] [ 81 FR 55324 , Aug. 18, 2016, as amended at 82 FR 37029 , Aug. 8, 2017; 82 FR 40494 , Aug. 25, 2017; 82 FR 59984 , Dec. 18, 2017; 85 FR 64407 , Oct. 13, 2020; 86 FR 49488 , Sept. 3, 2021; 88 FR 21439 , Apr. 10, 2023] § 25.109 Cross-reference. ( a ) Space and earth stations in the Amateur Satellite Service are licensed under 47 CFR part 97 . ( b ) Ship earth stations in the Maritime Mobile-Satellite Service transmitting in the 1626.5-1646.5 MHz band are subject to licensing under 47 CFR part 80 . ( c ) Earth stations in the Aeronautical Mobile-Satellite (Route) Service are subject to licensing under 47 CFR part 87 . ( d ) Space and earth stations in the Experimental Radio Service may be subject to licensing under 47 CFR part 5 . ( e ) Space and earth stations in the 3700-4200 MHz band may be subject to transition rules in part 27 of this chapter . ( f ) Space and SCS earth stations providing SCS are subject to technical rules in parts 2 , 22 , 24 , and 27 of this chapter where applicable. [ 78 FR 8420 , Feb. 6, 2013, as amended at 85 FR 22864 , Apr. 23, 2020; 89 FR 34166 , Apr. 30, 2024] Subpart B—Applications and Licenses Source: 56 FR 24016 , May 28, 1991, unless otherwise noted. General Application Filing Requirements § 25.110 Filing of applications, fees, and number of copies. ( a ) Filing. Applications may be filed by going online at https://www.fcc.gov/icfs and submitting the application through the International Communications Filing System (ICFS). ( b ) Submitting your application. ( 1 ) All earth station license applications must be filed electronically on FCC Form 312 in accordance with the applicable provisions of part 1, subpart Y of this chapter . ( 2 ) Except as provided in paragraph (b)(3) of this section, applications for space station licenses must be filed electronically on FCC Form 312 in accordance with the applicable provisions of part 1, subpart Y of this chapter and include all information required by § 25.114 . (b)(3) A license application for 17/24 GHz BSS space station operation, for GSO FSS space station operation, or for GSO space station operation subject to the provisions in Appendices 30 and 30A of the ITU Radio Regulations (incorporated by reference, see § 25.108 ) may be submitted in two steps, as follows: ( i ) An application for 17/24 GHz BSS space station operation or for GSO FSS space station operation not subject to the provisions in Appendix 30B of the ITU Radio Regulations (incorporated by reference, see § 25.108 ) may be initiated by filing with the Commission, in accordance with the applicable provisions of part 1, subpart Y of this chapter , a draft Coordination Request and simplified Form 312 for the proposed operation and a declaration of acceptance of ITU cost-recovery responsibility in accordance with § 25.111(d) . The simplified Form 312, Main Form submission must include the information required by items 1-17, 43, 45, and 46. ( ii ) An application for GSO FSS space station operation subject to the provisions in Appendix 30B of the ITU Radio Regulations (incorporated by reference, see § 25.108 ) may be initiated by submitting to the Commission, in accordance with the applicable provisions of part 1, subpart Y of this chapter , a draft ITU filing to convert an allotment into an assignment, to introduce an additional system, or to modify an assignment in the Appendix 30B List accompanied by a simplified Form 312 and a declaration of acceptance of ITU cost-recovery responsibility in accordance with § 25.111(d) . The simplified Form 312, Main Form submission must include the information required by items 1-17, 43, 45, and 46. In addition, the applicant must submit the results of an analysis demonstrating that no U.S. filing under Appendix 30B would be deemed affected by the proposed operation under the relevant ITU criteria or, for any affected filings, a letter signed by the affected operator that it consents to the new filing. ( iii ) An application for GSO space station operation subject to the provisions in Appendices 30 and 30A of the ITU Radio Regulations (incorporated by reference, see § 25.108 ) may be initiated by submitting to the Commission, in accordance with the applicable provisions of part 1, subpart Y of this chapter , a draft ITU filing to: modify an existing frequency assignment in the Region 2 Plan; to include a new frequency assignment in the Region 2 Plan; or to include a new or modified frequency assignment in the List of the Regions 1 and 3 Plan, accompanied by a simplified Form 312 and a declaration of acceptance of ITU cost-recovery responsibility in accordance with § 25.111(d) . The simplified Form 312, Main Form submission must include the information required by items 1-17, 43, 45, and 46. In addition, the applicant must submit the results of an analysis demonstrating that no U.S. filing under Appendix 30 and 30A would be deemed affected by the proposed operation under the relevant ITU criteria or, for any affected filings, a letter signed by the affected operator that it consents to the new filing. ( iv ) An application initiated pursuant to paragraphs (b)(3)(i) , (ii) , or (iii) of this section will be considered completed by the filing of an FCC Form 312 and the remaining information required in a complete license application, including the information required by § 25.114 , within two years of the date of submission of the initial application materials. ( c ) All correspondence concerning any application must identify: ( 1 ) The applicant's name, ( 2 ) The call sign of the space station or earth station, and ( 3 ) The file number of the application. ( d ) Copies. Applications must be filed electronically though ICFS. The Commission will not accept any paper version of any application. ( e ) Signing. Upon filing an application electronically, the applicant must print out the filed application, obtain the proper signatures, and keep the original in its files. ( f ) An applicant must pay the appropriate filing fee in accordance with part 1, subpart G of this chapter , at the time when it files a FCC Form 312. [ 69 FR 47793 , Aug. 6, 2004, as amended at 78 FR 8420 , Feb. 6, 2013; 81 FR 55325 , Aug. 18, 2016; 86 FR 49488 , Sept. 3, 2021; 88 FR 21440 , Apr. 10, 2023] § 25.111 Additional information, ITU filings, and ITU cost recovery. ( a ) The Commission may request from any party at any time additional information concerning any application, or any other submission or pleading regarding an application, filed under this part. ( b ) Applicants and licensees of radio stations governed by this part must provide the Commission with the information required for Advance Publication, Coordination, and Notification of frequency assignment filings, including due diligence information, pursuant to the Radio Regulations of the International Telecommunication Union. No protection from interference caused by radio stations authorized by other Administrations is guaranteed unless ITU procedures are timely completed or, with respect to individual Administrations, coordination agreements are successfully completed. A license for which such procedures have not been completed may be subject to additional terms and conditions required for coordination of the frequency assignments with other Administrations. ( c ) In the Direct Broadcast Satellite service, applicants and licensees shall also provide the Commission with all information it requires in order to modify the plans for the Broadcasting-Satellite Service (BSS) in Appendix 30 of the ITU Radio Regulations (RR) and associated feeder-link plans in Appendix 30A of the ITU RR, if the system has technical characteristics differing from those specified in the Appendix 30 BSS Plans, the Appendix 30A feederlink Plans, Annex 5 to Appendix 30, or Annex 3 to Appendix 30A. For such systems, no protection from interference caused by radio stations authorized by other Administrations is guaranteed until the agreement of all affected Administrations is obtained and the frequency assignment becomes a part of the appropriate Region 2 BSS and feeder-link Plans. Authorizations for which coordination is not completed and/or for which the necessary agreements under Appendices 30 and 30A have not been obtained may be subject to additional terms and conditions as required to effect coordination or obtain the agreement of other Administrations. Applicants and licensees shall also provide the Commission with the information required by Appendix 4 of the ITU RR for advance publication and notification or coordination of the frequencies to be used for tracking, telemetry and control functions of DBS systems. ( d ) The Commission will submit filings to the ITU on behalf of an applicant, licensee, or other requesting party only after the party has filed a signed declaration of unconditional acceptance of all consequent ITU cost-recovery responsibility. Applicants and licensees must file the declaration electronically in the application file in the International Communications Filing System (ICFS). In addition, applicants and licensees must reference the call sign and name of the satellite network in the declaration. All cost-recovery declarations must include the name(s), address(es), email address(es), and telephone number(s) of a contact person, or persons, responsible for cost recovery inquiries and ITU correspondence and filings. Supplements must be filed as necessary to apprise the Commission of changes in the contact information until the ITU cost-recovery responsibility is discharged. The applicant, licensee, or other party must remit payment of any resultant cost-recovery fee to the ITU by the due date specified in the ITU invoice, unless an appeal is pending with the ITU that was filed prior to the due date. A license granted in reliance on such a commitment will be conditioned upon discharge of any such cost-recovery obligation. Where an applicant or licensee has an overdue ITU cost-recovery fee and does not have an appeal pending with the ITU, the Commission will dismiss any application associated with that satellite network. ( e ) The Commission will process and forward to the ITU up to five Advance Publication filings by an entity that are not accompanied by a complete space station license application or by an application pursuant to § 25.110(b)(3)(i) or (b)(3)(ii) . Such Advance Publication filing requests not contained in an application must be accompanied by a letter request and a signed ITU cost-recovery declaration pursuant to paragraph (d) of this section. A request for filing of Advance Publication information will be attributed to an entity in the same manner as a space station license application under the criteria set forth in § 25.159(c) . Note to paragraph ( e ): After June 30, 2016, the Commission will not forward Advance Publication information for satellite networks or systems subject to Article 9, Section II of the ITU Radio Regulations (incorporated by reference, see § 25.108 ). [ 56 FR 24016 , May 28, 1991, as amended at 67 FR 51113 , Aug. 7, 2002; 68 FR 63997 , Nov. 12, 2003; 78 FR 8421 , Feb. 6, 2013; 79 FR 8314 , Feb. 12, 2014; 81 FR 55325 , Aug. 18, 2016; 86 FR 54399 , Oct. 1, 2021; 88 FR 21440 , Apr. 10, 2023] § 25.112 Dismissal and return of applications. ( a ) An application will be unacceptable for filing and will be returned to the applicant with a brief statement identifying the omissions or discrepancies if: ( 1 ) The application is defective with respect to completeness of answers to questions, informational showings, internal inconsistencies, execution, or other matters of a formal character; or ( 2 ) The application does not substantially comply with the Commission's rules, regulations, specific requests for additional information, or other requirements. ( 3 ) [Reserved] ( 4 ) The application is identical to a pending application that was timely filed pursuant to § 25.157 or § 25.158 . ( b ) Applications for space station authority found defective under paragraph (a)(4) of this section will not be considered. Applications for authority found defective under paragraph (a)(1) or (2) of this section may be accepted for filing if: ( 1 ) The application is accompanied by a request which sets forth the reasons in support of a waiver of (or an exception to), in whole or in part, any specific rule, regulation, or requirement with which the application is in conflict; ( 2 ) The Commission, upon its own motion, waives (or allows an exception to), in whole or in part, any rule, regulation or requirement. ( c ) The Commission will dismiss an application for failure to prosecute or for failure to respond substantially within a specified time period to official correspondence or requests for additional information. Dismissal will be without prejudice unless the application is mutually exclusive pursuant to § 25.155 , in which case it will be dismissed with prejudice. ( d ) An application will be dismissed without prejudice as a matter of right if the applicant requests its dismissal prior to final Commission action. [ 56 FR 24016 , May 28, 1991, as amended at 68 FR 51502 , Aug. 27, 2003; 79 FR 8314 , Feb. 12, 2014; 81 FR 55326 , Aug. 18, 2016; 85 FR 43733 , July 20, 2020; 88 FR 84753 , Dec. 6, 2023] § 25.113 Station construction, deployment approval, and operation of spare satellites. ( a ) Construction permits are not required for earth stations. Construction of such stations may commence prior to grant of an earth station license at the applicant's own risk, subject to the requirements of § 1.1312 and part 17 of this chapter concerning environmental processing and construction, marking, and lighting of antenna structures. ( b ) Construction permits are not required for Ancillary Terrestrial Component (ATC) stations. A party with licenses issued under this part for launch and operation of 1.5/1.6 GHz or 1.6/2.4 GHz GHz Mobile-Satellite Service space stations and operation of associated ATC facilities may commence construction of ATC base stations at its own risk after commencing physical construction of the space stations, subject to the requirements of § 1.1312 and part 17 of this chapter . Such an MSS/ATC licensee may also conduct equipment tests for the purpose of making adjustments and measurements necessary to ensure compliance with the terms of its ATC license, applicable rules in this part, and technical design requirements. Prior to commencing such construction and pre-operational testing, an MSS/ATC licensee must notify the Commission of the commencement of physical satellite construction and the licensee's intention to construct and test ATC facilities. This notification must be filed electronically in the appropriate file in the International Communications Filing System database. The notification must specify the frequencies the licensee proposes to use for pre-operational testing and the name, address, and telephone number of a representative for the reporting and mitigation of any interference resulting from such testing. MSS/ATC licensees engaging in pre-operational testing must comply with §§ 5.83 , 5.85(c) , 5.111 , and 5.117 of this chapter regarding experimental operations. An MSS/ATC licensee may not offer ATC service to the public for compensation during pre-operational testing. ( c ) - ( e ) [Reserved] ( f ) Construction permits are not required for U.S.-licensed space stations, except for stations that the applicant proposes to operate to disseminate program content to be received by the public at large, rather than only by subscribers. Construction of a station for which a construction permit is not required may commence, at the applicant's own risk, prior to grant of a license. ( g ) Except as set forth in paragraphs (h) and (i) of this section, approval for orbital deployment and a station license ( i.e., operating authority) must be applied for and granted before a space station may be deployed and operated in orbit. Approval for orbital deployment may be requested in an application for a space station license. However, an application for authority to deploy and operate an on-ground spare satellite will be considered pursuant to the following procedures: ( 1 ) Applications for deployment and operation of an on-ground spare NGSO-like satellite will be considered pursuant to the procedures set forth in § 25.157 , except as provided in paragraph (g)(3) of this section. ( 2 ) Applications for deployment and operation of an on-ground spare GSO-like satellite will be considered pursuant to the procedures set forth in § 25.158 , except as provided in paragraph (g)(3) of this section. ( 3 ) Neither paragraph (g)(1) nor (g)(2) of this section will apply in cases where the space station to be deployed is determined to be an emergency replacement for a previously authorized space station that has been lost as a result of a launch failure or a catastrophic in-orbit failure. ( h ) An operator of NGSO space stations under a blanket license granted by the Commission, except for those granted pursuant to the application process in § 25.122 or § 25.123 , need not apply for license modification to operate technically identical in-orbit spare satellites in an authorized orbit. However, the licensee must notify the Commission within 30 days of bringing an in-orbit spare into service and certify that its activation has not exceeded the number of space stations authorized to provide service and that the licensee has determined by measurement that the activated spare is operating within the terms of the license. ( i ) An operator of NGSO space stations under a blanket license granted by the Commission, except for those granted pursuant to the application process in § 25.122 or § 25.123 , need not apply for license modification to deploy and operate technically identical replacement satellites in an authorized orbit within the term of the system authorization. However, the licensee must notify the Commission of the intended launch at least 30 days in advance and certify that its operation of the additional space station(s) will not increase the number of space stations providing service above the maximum number specified in the license. [ 56 FR 24016 , May 28, 1991, as amended at 61 FR 4366 , Feb. 6, 1996; 61 FR 9951 , Mar. 12, 1996; 61 FR 55582 , Oct. 28, 1996; 62 FR 5927 , Feb. 10, 1997; 62 FR 64172 , Dec. 4, 1997; 68 FR 51502 , Aug. 27, 2003; 69 FR 47794 , Aug. 6, 2004; 70 FR 32253 , June 2, 2005; 77 FR 3954 , Jan. 26, 2012; 78 FR 8421 , Feb. 6, 2013; 79 FR 8314 , Feb. 12, 2014; 79 FR 27503 , May 14, 2014; 81 FR 55326 , Aug. 18, 2016; 85 FR 43733 , July 20, 2020; 88 FR 21440 , Apr. 10, 2023] § 25.114 Applications for space station authorizations. Cross Reference Link to an amendment published at 85 FR 52450 , Aug. 25, 2020. Cross Reference Link to an amendment published at 86 FR 49489 , Sept. 3, 2021. Cross Reference Link to an amendment published at 87 FR 72403 , Nov. 25, 2022. Cross Reference Link to an amendment published at 89 FR 58072 , July 17, 2024. Cross Reference Link to an amendment published at 89 FR 65217 , Aug. 9, 2024. Cross Reference Link to an amendment published at 89 FR 65223 , Aug. 9, 2024. ( a ) ( 1 ) A license application filed pursuant to § 25.110(b)(2) for a GSO space station or NGSO space station or space-station constellation must comprise a comprehensive proposal and must be submitted on FCC Form 312, Main Form and Schedule S, with attached exhibits required by paragraph (d) of this section. ( 2 ) An application for blanket authority for an NGSO constellation of space stations that are not all technically identical must provide the information required by paragraphs (c) and (d) of this section for each type of station in the constellation. ( 3 ) For an application filed pursuant to the two-step procedure in § 25.110(b)(3) , the filing pursuant to § 25.110(b)(3)(iii) must be submitted on FCC Form 312, Main Form and Schedule S, with attached exhibits as required by paragraph (d) of this section, and must constitute a comprehensive proposal. ( 4 ) For an application filed pursuant to the SCS procedure in § 25.125 , the filing must be submitted on FCC Form 312, Main Form and Schedule S, with attached exhibits as required by paragraph (d) of this section, and must constitute a comprehensive proposal. ( b ) Each application for a new or modified space station authorization must contain the formal waiver required by 47 U.S.C. 304 . ( c ) The following information shall be filed on FCC Form 312, Main Form and Schedule S: ( 1 ) Name, address, and telephone number of the applicant; ( 2 ) Name, address, and telephone number of the person(s), including counsel, to whom inquiries or correspondence should be directed; ( 3 ) Type of authorization requested ( e.g. , launch authority, station license, modification of authorization); ( 4 ) ( i ) For each space station transmitting and receiving antenna beam (including telemetry and tracking beams but not command beams), specify channel center frequencies and bandwidths and polarization plan. For command beams, specify each of the center frequencies within a 5 MHz range or a range of 2 percent of the assigned bandwidth, whichever is smaller, and the polarization plan. If the space station can vary channel bandwidth in a particular frequency band with on-board processing, specify only the range of frequencies in that band over which the beam can operate and the polarization plan. ( ii ) Specify maximum EIRP and maximum EIRP density for each space station transmitting antenna beam. If the satellite uses shapeable antenna beams, as defined in § 25.103 , specify instead maximum possible EIRP and maximum possible EIRP density within each shapeable beam's proposed coverage area. Provide this information for each frequency band in which the transmitting antenna would operate. For bands below 15 GHz, specify EIRP density in dBW/4 kHz; for bands at and above 15 GHz, specify EIRP density in dBW/MHz. If the EIRP density varies over time, specify the maximum possible EIRP density. ( iii ) - ( iv ) [Reserved] ( v ) For each space station receiving beam other than command beams, specify the gain-to-temperature ratio at beam peak. For receiving beams fed into transponders, also specify the minimum and maximum saturation flux density at beam peak. If the satellite uses shapeable beams, specify the minimum and maximum gain-to-temperature ratio within each shapeable beam's proposed coverage area, and for shapeable receiving beams fed into transponders, specify the minimum and maximum saturation power flux density within the 0 dB relative antenna gain isoline. Provide this information for each frequency band in which the receiving beam can operate. For command beams, specify the beam peak flux density at the command threshold; ( vi ) ( A ) For space stations in geostationary orbit, specify predicted space station antenna gain contour(s) for each transmit and receive antenna beam, except for beams where the contour at 8 dB below peak falls entirely beyond the edge of the visible Earth. These contour(s) should be plotted on an area map at 2 dB intervals down to 10 dB below the peak gain and at 5 dB intervals between 10 dB and 20 dB below the peak gain. Applicants must present this information in a GIMS-readable format. ( B ) For space stations in non-geostationary orbits, specify for each unique orbital plane the predicted antenna gain contour(s) for each transmit and receive antenna beam for one space station if all space stations are identical in the constellation. If individual space stations in the constellation have different antenna beam configurations, specify the predicted antenna gain contours for each transmit and receive beam for each space station type and orbit or orbital plane requested. The contours should be plotted on an area map with the beam depicted on the surface of the earth with the space stations' peak antenna gain pointed at nadir to a latitude and longitude within the proposed service area. The contour(s) should be plotted at 2 dB intervals down to 10 dB below the peak gain and at 5 dB intervals between 10 dB and 20 dB below the peak gain. For intersatellite links, specify the peak antenna gain and 3 dB beamwidth. ( C ) For space stations with shapeable antenna beams, specify the contours, as defined in paragraph (c)(4)(vi)(A) or (B) of this section, for the transmitting beam configuration that results in the highest EIRP density for the beams listed in paragraph (c)(4)(ii) of this section and for the receiving beam configuration with the smallest gain-to-temperature ratio and the highest required saturation power flux density for the beams listed in paragraph (c)(4)(v) of this section. If the shapeable beams are also steerable, include the contours that would result from moving the beam peak around the limit of the effective beam peak area and the 0 dB relative antenna gain isoline. The proposed maximum coverage area must be clearly specified. ( D ) For a space station with steerable beams that are not shapeable, specify the applicable contours, as defined in paragraph (c)(4)(vi)(A) or (c)(4)(vi)(B) of this section, with a description of a proposed coverage area for each steerable beam or provide the contour information described in paragraph (c)(4)(vi)(C) of this section for each steerable beam. ( vii ) For geostationary satellites with large numbers of identical fixed spot beams, other than DBS satellites, applicants may, as an alternative to submitting the information described in paragraph (c)(4)(vi) of this section with respect to these beams, provide the predicted antenna gain contours for one transmit and receive antenna beam, together with one of the following: ( A ) An area map showing all of the spot beams depicted on the surface of the Earth; ( B ) A table identifying the maximum antenna gain point(s) in latitude and longitude to the nearest 0.1 degree; or ( C ) A map of the isolines formed by combining all of the spot beams into one or more composite beams. For non-geostationary satellites with large numbers of identical fixed beams on each satellite, applicants may, as an alternative to submitting the information described in paragraph (c)(4)(vi) of this section with respect to those beams, specify the predicted antenna gain contours for one transmit and receive beam pointed to nadir, together with an area map showing all of the spot beams depicted on the surface of the earth with the satellites' peak antenna gain pointed to a selected latitude and longitude within the service area. ( 5 ) For space stations in geostationary orbit: ( i ) Orbital location requested, ( ii ) [Reserved] ( iii ) East-west station-keeping range, ( iv ) North-south station-keeping range, and ( v ) Accuracy to which antenna axis attitude will be maintained; ( 6 ) For space stations in non-geostationary orbits: ( i ) The number of orbital planes and the number of space stations in each plane, ( ii ) The inclination of the orbital plane(s), ( iii ) The orbital period, ( iv ) The apogee, ( v ) The perigee, ( vi ) The argument(s) of perigee, ( vii ) Active service arc(s), ( viii ) Right ascension of the ascending node(s), and ( ix ) For each satellite in each orbital plane, the initial phase angle at the reference time; ( 7 ) The frequency bands, types of service, and coverage areas; ( 8 ) Calculated maximum power flux-density levels within each coverage area and energy dispersal bandwidths, if any, needed for compliance with § 25.208 , for the angles of arrival specified in the applicable paragraph(s) of § 25.208 , except for an NGSO FSS applicant certifying compliance with PFD limits under § 25.146(a)(1) ; ( 9 ) [Reserved] ( 10 ) Estimated operational lifetime; ( 11 ) Whether the space station is to be operated on a common carrier basis; ( 12 ) [Reserved] ( 13 ) And the polarization information necessary to determine compliance with § 25.210(i) . ( d ) The following information in narrative form shall be contained in each application, except space station applications filed pursuant to § 25.122 or § 25.123 : ( 1 ) Overall description of system facilities, operations and services and explanation of how uplink frequency bands would be connected to downlink frequency bands; ( 2 ) - ( 5 ) [Reserved] ( 6 ) Public interest considerations in support of grant; ( 7 ) Applicants for authorizations for space stations in the Fixed-Satellite Service, including applicants proposing feeder links for space stations operating in the 17/24 GHz Broadcasting-Satellite Service, must also include the information specified in § 25.140(a) . Applicants for authorizations for space stations in the 17/24 GHz Broadcasting-Satellite Service must also include the information specified in § 25.140(b) ; ( 8 ) Applications for authorizations in the Mobile-Satellite Service in the 1545-1559/1646.5-1660.5 MHz frequency bands shall also provide all information necessary to comply with the policies and procedures set forth in Rules and Policies Pertaining to the Use of Radio Frequencies in a Land Mobile Satellite Service, 2 FCC Rcd 485 (1987) (Available at address in § 0.445 of this chapter .); ( 9 ) Applications to license multiple space station systems in the non-voice, non-geostationary mobile-satellite service under blanket operating authority shall also provide all information specified in § 25.142 ; and ( 10 ) An application for space station authorization in the 1.6/2.4 GHz or 2 GHz Mobile-Satellite Service must include information required by § 25.143(b) ; ( 11 ) Applications for space stations in the Direct Broadcast Satellite Service must include a clear and detailed statement of whether the space station is to be operated on a broadcast or non-broadcast basis; ( 12 ) The information required by § 25.146 , if the application is for an NGSO FSS system authorization within the 10.7-30 GHz band. ( 13 ) For satellite applications in the Direct Broadcast Satellite Service, if the proposed system's technical characteristics differ from those specified in the Appendix 30 BSS Plans, the Appendix 30A feeder link Plans, Annex 5 to Appendix 30 or Annex 3 to Appendix 30A of the ITU Radio Regulations, each applicant must provide: ( i ) The information requested in Appendix 4 of the ITU Radio Regulations. Further, applicants must provide sufficient technical showing that the proposed system could operate satisfactorily if all assignments in the BSS and feeder link Plans were implemented. ( ii ) Analyses of the proposed system with respect to the limits in Annex 1 to Appendices 30 and 30A of the ITU Radio Regulations. ( 14 ) A description of the design and operational strategies that will be used to mitigate orbital debris, including the following information: ( i ) A statement that the space station operator has assessed and limited the amount of debris released in a planned manner during normal operations, and has assessed and limited the probability of the space station becoming a source of debris by collisions with small debris or meteoroids that could cause loss of control and prevent post-mission disposal; ( ii ) A statement that the space station operator has assessed and limited the probability of accidental explosions during and after completion of mission operations. This statement must include a demonstration that debris generation will not result from the conversion of energy sources on board the spacecraft into energy that fragments the spacecraft. Energy sources include chemical, pressure, and kinetic energy. This demonstration should address whether stored energy will be removed at the spacecraft's end of life, by depleting residual fuel and leaving all fuel line valves open, venting any pressurized system, leaving all batteries in a permanent discharge state, and removing any remaining source of stored energy, or through other equivalent procedures specifically disclosed in the application; ( iii ) A statement that the space station operator has assessed and limited the probability of the space station becoming a source of debris by collisions with large debris or other operational space stations. Where a space station will be launched into a low-Earth orbit that is identical, or very similar, to an orbit used by other space stations, the statement must include an analysis of the potential risk of collision and a description of what measures the space station operator plans to take to avoid in-orbit collisions. If the space station operator is relying on coordination with another system, the statement must indicate what steps have been taken to contact, and ascertain the likelihood of successful coordination of physical operations with, the other system. The statement must disclose the accuracy—if any—with which orbital parameters of non-geostationary satellite orbit space stations will be maintained, including apogee, perigee, inclination, and the right ascension of the ascending node(s). In the event that a system is not able to maintain orbital tolerances, i.e. , it lacks a propulsion system for orbital maintenance, that fact should be included in the debris mitigation disclosure. Such systems must also indicate the anticipated evolution over time of the orbit of the proposed satellite or satellites. Where a space station requests the assignment of a geostationary-Earth orbit location, it must assess whether there are any known satellites located at, or reasonably expected to be located at, the requested orbital location, or assigned in the vicinity of that location, such that the station keeping volumes of the respective satellites might overlap. If so, the statement must include a statement as to the identities of those parties and the measures that will be taken to prevent collisions; ( iv ) A statement detailing the post-mission disposal plans for the space station at end of life, including the quantity of fuel—if any—that will be reserved for post-mission disposal maneuvers. For geostationary-Earth orbit space stations, the statement must disclose the altitude selected for a post-mission disposal orbit and the calculations that are used in deriving the disposal altitude. The statement must also include a casualty risk assessment if planned post-mission disposal involves atmospheric re-entry of the space station. In general, an assessment should include an estimate as to whether portions of the spacecraft will survive re-entry and reach the surface of the Earth, as well as an estimate of the resulting probability of human casualty. Applicants for space stations to be used only for commercial remote sensing may, in lieu of submitting detailed post-mission disposal plans to the Commission, certify that they have submitted such plans to the National Oceanic and Atmospheric Administration for review. ( v ) For non-U.S.-licensed space stations, the requirement to describe the design and operational strategies to minimize orbital debris risk can be satisfied by demonstrating that debris mitigation plans for the space station(s) for which U.S. market access is requested are subject to direct and effective regulatory oversight by the national licensing authority. ( 15 ) Each applicant for a space station license in the 17/24 GHz broadcasting-satellite service shall include the following information as an attachment to its application: ( i ) If the applicant proposes to operate in the 17.3-17.7 GHz frequency band, a demonstration that the proposed space station will comply with the power flux density limits in § 25.208(w) unless the applicant provides a certification under paragraph (d)(15)(ii) of this section. ( ii ) In cases where the proposed space station will not comply with the power flux density limits set forth in § 25.208(w) of this part , the applicant will be required to provide a certification that all potentially affected parties acknowledge and do not object to the use of the applicant's higher power flux densities. The affected parties with whom the applicant must coordinate are those GSO 17/24 GHz BSS satellite networks located up to ±6° away for excesses of up to 3 dB above the power flux-density levels specified in § 25.208(w) of this part , and up to ±10° away greater for excesses greater than 3 dB above those levels. ( iii ) If the applicant proposes to provide international service in the 17.7-17.8 GHz frequency band, a certification that the proposed space station will comply with the power flux density limits in § 25.208(c) . ( iv ) Any information required by § 25.264(a)(6) , 25.264(b)(4) , or 25.264(d) . ( 16 ) In addition to the requirements of paragraph (d)(15) of this section, each applicant for a license to operate a 17/24 GHz BSS space station that will be used to provide video programming directly to consumers in the United States, that will not meet the requirements of § 25.225 of this part , must include as an attachment to its application a technical analysis demonstrating that providing video programming service to consumers in Alaska and Hawaii that is comparable to the video programming service provided to consumers in the 48 contiguous United States (CONUS) is not feasible as a technical matter or that, while technically feasible, such service would require so many compromises in satellite design and operation as to make it economically unreasonable. ( 17 ) [Reserved] ( 18 ) For space stations in the Direct Broadcast Satellite service or the 17/24 GHz broadcasting-satellite service, maximum orbital eccentricity. [ 68 FR 63997 , Nov. 12, 2003, as amended at 69 FR 29901 , May 26, 2004; 69 FR 47794 , Aug. 6, 2004; 69 FR 54587 , Sept. 9, 2004; 72 FR 50027 , Aug. 29, 2007; 72 FR 60278 , Oct. 24, 2007; 76 FR 50431 , Aug. 15, 2011; 78 FR 8421 , Feb. 6, 2013; 79 FR 8314 , Feb. 12, 2014; 81 FR 55326 , Aug. 18, 2016; 82 FR 59984 , Dec. 18, 2017; 83 FR 34489 , July 20, 2018; 85 FR 43733 , July 20, 2020; 89 FR 34166 , Apr. 30, 2024] Effective Date Note Effective Date Notes: 1. At 85 FR 52450 , Aug. 25, 2020, § 25.114 was amended by revising paragraph (d)(14). This amendment contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. For the convenience of the user, the revised text is set forth below: § 25.114 Applications for space station authorizations. (d) * * * (14) A description of the design and operational strategies that will be used to mitigate orbital debris, including the following information: (i) A statement that the space station operator has assessed and limited the amount of debris released in a planned manner during normal operations. Where applicable, this statement must include an orbital debris mitigation disclosure for any separate deployment devices, distinct from the space station launch vehicle, that may become a source of orbital debris; (ii) A statement indicating whether the space station operator has assessed and limited the probability that the space station(s) will become a source of debris by collision with small debris or meteoroids that would cause loss of control and prevent disposal. The statement must indicate whether this probability for an individual space station is 0.01 (1 in 100) or less, as calculated using the NASA Debris Assessment Software or a higher fidelity assessment tool; (iii) A statement that the space station operator has assessed and limited the probability, during and after completion of mission operations, of accidental explosions or of release of liquids that will persist in droplet form. This statement must include a demonstration that debris generation will not result from the conversion of energy sources on board the spacecraft into energy that fragments the spacecraft. Energy sources include chemical, pressure, and kinetic energy. This demonstration should address whether stored energy will be removed at the spacecraft's end of life, by depleting residual fuel and leaving all fuel line valves open, venting any pressurized system, leaving all batteries in a permanent discharge state, and removing any remaining source of stored energy, or through other equivalent procedures specifically disclosed in the application; (iv) A statement that the space station operator has assessed and limited the probability of the space station(s) becoming a source of debris by collisions with large debris or other operational space stations. (A) Where the application is for an NGSO space station or system, the following information must also be included: ( 1 ) A demonstration that the space station operator has assessed and limited the probability of collision between any space station of the system and other large objects (10 cm or larger in diameter) during the total orbital lifetime of the space station, including any de-orbit phases, to less than 0.001 (1 in 1,000). The probability shall be calculated using the NASA Debris Assessment Software or a higher fidelity assessment tool. The collision risk may be assumed zero for a space station during any period in which the space station will be maneuvered effectively to avoid colliding with large objects. ( 2 ) The statement must identify characteristics of the space station(s)' orbits that may present a collision risk, including any planned and/or operational space stations in those orbits, and indicate what steps, if any, have been taken to coordinate with the other spacecraft or system, or what other measures the operator plans to use to avoid collision. ( 3 ) If at any time during the space station(s)' mission or de-orbit phase the space station(s) will transit through the orbits used by any inhabitable spacecraft, including the International Space Station, the statement must describe the design and operational strategies, if any, that will be used to minimize the risk of collision and avoid posing any operational constraints to the inhabitable spacecraft. ( 4 ) The statement must disclose the accuracy, if any, with which orbital parameters will be maintained, including apogee, perigee, inclination, and the right ascension of the ascending node(s). In the event that a system is not able to maintain orbital tolerances, e.g., its propulsion system will not be used for orbital maintenance, that fact must be included in the debris mitigation disclosure. Such systems must also indicate the anticipated evolution over time of the orbit of the proposed satellite or satellites. All systems must describe the extent of satellite maneuverability, whether or not the space station design includes a propulsion system. ( 5 ) The space station operator must certify that upon receipt of a space situational awareness conjunction warning, the operator will review and take all possible steps to assess the collision risk, and will mitigate the collision risk if necessary. As appropriate, steps to assess and mitigate the collision risk should include, but are not limited to: Contacting the operator of any active spacecraft involved in such a warning; sharing ephemeris data and other appropriate operational information with any such operator; and modifying space station attitude and/or operations. (B) Where a space station requests the assignment of a geostationary orbit location, it must assess whether there are any known satellites located at, or reasonably expected to be located at, the requested orbital location, or assigned in the vicinity of that location, such that the station keeping volumes of the respective satellites might overlap or touch. If so, the statement must include a statement as to the identities of those satellites and the measures that will be taken to prevent collisions; (v) A statement addressing the trackability of the space station(s). Space station(s) operating in low-Earth orbit will be presumed trackable if each individual space station is 10 cm or larger in its smallest dimension, excluding deployable components. Where the application is for an NGSO space station or system, the statement shall also disclose the following: (A) How the operator plans to identify the space station(s) following deployment and whether space station tracking will be active or passive; (B) Whether, prior to deployment, the space station(s) will be registered with the 18th Space Control Squadron or successor entity; and (C) The extent to which the space station operator plans to share information regarding initial deployment, ephemeris, and/or planned maneuvers with the 18th Space Control Squadron or successor entity, other entities that engage in space situational awareness or space traffic management functions, and/or other operators. (vi) A statement disclosing planned proximity operations, if any, and addressing debris generation that will or may result from the proposed operations, including any planned release of debris, the risk of accidental explosions, the risk of accidental collision, and measures taken to mitigate those risks. (vii) A statement detailing the disposal plans for the space station, including the quantity of fuel—if any—that will be reserved for disposal maneuvers. In addition, the following specific provisions apply: (A) For geostationary orbit space stations, the statement must disclose the altitude selected for a disposal orbit and the calculations that are used in deriving the disposal altitude. (B) For space stations terminating operations in an orbit in or passing through the low-Earth orbit region below 2,000 km altitude, the statement must disclose whether the spacecraft will be disposed of through atmospheric re-entry, specifying if direct retrieval of the spacecraft will be used. The statement must also disclose the expected time in orbit for the space station following the completion of the mission. (C) For space stations not covered by either paragraph (d)(14)(vii)(A) or (B) of this section, the statement must indicate whether disposal will involve use of a storage orbit or long-term atmospheric re-entry and rationale for the selected disposal plan. (D) For all space stations under paragraph (d)(14)(vii) (B) or (C) of this section, the following additional specific provisions apply: ( 1 ) The statement must include a demonstration that the probability of success of the chosen disposal method will be 0.9 or greater for any individual space station. For space station systems consisting of multiple space stations, the demonstration should include additional information regarding efforts to achieve a higher probability of success, with a goal, for large systems, of a probability of success for any individual space station of 0.99 or better. For space stations under paragraph (d)(14)(vii)(B) of this section, successful disposal is defined as atmospheric re-entry of the spacecraft within 25 years or less following completion of the mission. For space stations under paragraph (d)(14)(vii)(C) of this section, successful disposal will be assessed on a case-by-case basis. ( 2 ) If planned disposal is by atmospheric re-entry, the statement must also include: ( i ) A disclosure indicating whether the atmospheric re-entry will be an uncontrolled re-entry or a controlled targeted reentry. ( ii ) An assessment as to whether portions of any individual spacecraft will survive atmospheric re-entry and impact the surface of the Earth with a kinetic energy in excess of 15 joules, and demonstration that the calculated casualty risk for an individual spacecraft using the NASA Debris Assessment Software or a higher fidelity assessment tool is less than 0.0001 (1 in 10,000). (E) Applicants for space stations to be used only for commercial remote sensing may, in lieu of submitting detailed post-mission disposal plans to the Commission, certify that they have submitted such plans to the National Oceanic and Atmospheric Administration for review. (viii) For non-U.S.-licensed space stations, the requirement to describe the design and operational strategies to minimize orbital debris risk can be satisfied by demonstrating that debris mitigation plans for the space station(s) for which U.S. market access is requested are subject to direct and effective regulatory oversight by the national licensing authority. § 25.115 Applications for earth station authorizations. Cross Reference Link to an amendment published at 87 FR 72404 , Nov. 25, 2022. Cross Reference Link to an amendment published at 89 FR 58072 , July 17, 2024. ( a ) ( 1 ) ( i ) Transmitting earth stations. Commission authorization must be obtained for authority to operate a transmitting earth station. Applications must be filed electronically on FCC Form 312, Main Form and Schedule B, and include the information specified in this section, except as set forth in paragraphs (a)(1)(ii) and (a)(2) of this section. ( ii ) Certification of compliance with space station authorization. An earth station applicant certifying that it will comply with the applicable terms and conditions of the authorization of any space station with which it communicates need not provide technical demonstrations or other information that is duplicative or unnecessary due to the certification. This provision does not apply to FSS operation in bands below 10 GHz or in bands subject to § 25.136 . ( 2 ) Applicants for licenses for transmitting earth stations in the FSS may file on FCC Form 312EZ if all of the following criteria are met: ( i ) The application is for a single station that will transmit to an FSS GSO space station, or stations, in the 5925-6425 MHz band, or for single or multiple stations that will transmit to an FSS GSO space station, or stations, in the 14.0-14.5 GHz, 28.35-28.6 GHz, and/or 29.5-30.0 GHz band; ( ii ) The earth station(s) will not be installed or operated on ships, aircraft, or other moving vehicles; ( iii ) The application meets all relevant criteria in § 25.211 or § 25.212 or includes information filed pursuant to paragraph (g)(1) of this section indicating that off-axis EIRP density from the proposed earth stations will not exceed relevant levels specified in § 25.218 ; and ( iv ) Operation of the proposed station has been successfully coordinated with terrestrial systems, if the station would transmit in the 5925-6425 MHz band; ( v ) The application includes an environmental impact statement pursuant to § 1.1311 of this chapter , if required; ( vi ) The applicant does not propose to communicate via non-U.S.-licensed space stations not on the Permitted Space Station List; and ( vii ) If the proposed station(s) will receive in the 18.3-18.8 GHz and/or 19.7-20.2 GHz bands, the applicant proposes to communicate only via satellites for which coordination has been completed pursuant to Footnote US334 of the U.S. Table of Frequency Allocations with respect to Federal Government systems authorized on a primary basis, under an agreement previously approved by the Commission and the National Telecommunications and Information Administration, and the applicant certifies that it will operate consistently with the agreement. ( 3 ) Unless the Commission orders otherwise, an application filed on FCC Form 312EZ in accordance with paragraph (a)(2) of this section will be deemed granted 35 days after the date of the public notice that the application has been accepted for filing, provided no objection is filed during the 30-day public notice period. ( 4 ) [Reserved] ( 5 ) Applicants that are not permitted to submit applications under paragraph (a)(2) of this section on Form 312EZ, must submit, as an attachment to their application, the following information to be used as an “informative” in the public notice issued under § 25.151 : ( i ) A detailed description of the service to be provided, including frequency bands and satellites to be used. The applicant must identify either the specific satellite(s) with which it plans to operate, or the eastern and western boundaries of the arc it plans to coordinate. ( ii ) The diameter or equivalent diameter of the antenna. ( iii ) Proposed power and power density levels. ( iv ) Identification of any random access technique, if applicable. ( v ) Identification of a specific rule or rules for which a waiver is requested. ( 6 ) ( i ) Applicants for earth stations transmitting in frequency bands shared with equal rights between terrestrial and space services must provide a frequency coordination analysis in accordance with § 25.203(b) and must include any notification or demonstration required by any other relevant provision in § 25.203 . ( ii ) Applicants for user transceiver units associated with the NVNG MSS must provide the information required by § 25.135 . ( iii ) Applicants for 1.6/2.4 GHz MSS user transceivers must demonstrate that the transceivers will operate in compliance with relevant requirements in § 25.213 . ( iv ) Applicants for earth stations licensed in accordance with § 25.136 must demonstrate that the transmitting earth stations will meet the relevant criteria specified in that section, including any showings required under § 25.136(a)(4) , (c) , (d)(4) , and/or (e)(4). ( 7 ) In those cases where an applicant is filing a number of essentially similar applications, showings of a general nature applicable to all of the proposed stations may be submitted in the initial application and incorporated by reference in subsequent applications. ( 8 ) Transmissions of signals or programming to non-U.S. licensed satellites, and to and/or from foreign points by means of U.S.-licensed fixed satellites may be subject to restrictions as a result of international agreements or treaties. The Commission will maintain public information on the status of any such agreements. ( 9 ) Applicants seeking to operate in a shared government/non-government band must provide the half-power beam width of their proposed earth station antenna, as an attachment to their applications. ( 10 ) With the exception of applications for blanket-licensed earth station networks filed pursuant to § 25.115(c) or § 25.218 ; applications for conventional Ka-band hub stations filed pursuant to § 25.115(e) ; applications for NGSO FSS gateway earth stations filed pursuant to § 25.115(f) ; applications for individually licensed earth stations filed pursuant to § 25.136 ; applications for ESIMs filed pursuant to § 25.115(l) , § 25.115(m) , or § 25.115(n) ; or applications for 29 GHz NGSO MSS feeder-link stations in a complex as defined in § 25.257 , parties may apply, either in an initial application or an application for modification of license, for operating authority for multiple transmitting FSS earth stations that are not eligible for blanket or network licensing under another section of this part in the following circumstances: ( i ) The antennas would transmit in frequency bands shared with terrestrial services on a co-primary basis and the antennas would be sited within an area bounded by 1 second of latitude and 1 second of longitude. ( ii ) The antennas would transmit in frequency bands allocated to FSS on a primary basis and there is no co-primary allocation for terrestrial services, and the antennas would be sited within an area bounded by 10 seconds of latitude and 10 seconds of longitude. ( b ) Receive-only earth stations. Except as provided in paragraphs (b)(1) and (8) of this section, applications for licenses for receive-only earth stations must be submitted on FCC Form 312, Main Form and Schedule B, accompanied by any required exhibits and the information described in paragraphs (a)(5)(i) through (v) of this section. Such applications must be filed electronically through the International Communications Filing System (ICFS) in accordance with the applicable provisions of part 1, subpart Y, of this chapter. ( 1 ) Receive-only earth stations in the FSS that operate with U.S.-licensed space stations, or with non-U.S.-licensed space stations that have been duly approved for U.S. market access, may be registered with the Commission in order to protect them from interference from terrestrial microwave stations in bands shared co-equally with the Fixed Service in accordance with the procedures of §§ 25.203 and 25.251 , subject to the stricture in § 25.209(c) . ( 2 ) Licensing or registration of receive-only earth stations with the Commission confers no authority to receive and use signals or programming received from satellites. See Section 705 of the Communications Act. 47 U.S.C. 605 . ( 3 ) Applications for registration must be accompanied by the coordination exhibit required by § 25.203 and any other required exhibits. ( 4 ) Complete applications for registration will be placed on public notice for 30 days and automatically granted if no objection is submitted to the Commission and served on the applicant. Additional pleadings are authorized in accordance with § 1.45 of this chapter . ( 5 ) The registration of a receive-only earth station results in the listing of an authorized frequency band at the location specified in the registration. Interference protection levels are those agreed to during coordination. ( 6 ) Reception of signals or programming from non-U.S. satellites may be subject to restrictions as a result of international agreements or treaties. The Commission will maintain public information on the status of any such agreements. ( 7 ) Registration term: Registrations for receive-only earth stations governed by this section will be issued for a period of 15 years from the date on which the application was filed. Applications for renewals of registrations must be submitted on FCC Form 312R (Application for Renewal of Radio Station License in Specified Services) no earlier than 90 days and no later than 30 days before the expiration date of the registration. ( 8 ) Applications for modification of license or registration of receive-only earth stations must be made in conformance with §§ 25.117 and 25.118 . In addition, registrants are required to notify the Commission when a receive-only earth station is no longer operational or when it has not been used to provide any service during any 6-month period. ( 9 ) ( i ) Except as set forth in paragraph (b)(9)(ii) of this section, receive-only earth stations operating with non-U.S. licensed space stations must file an FCC Form 312 requesting a license or modification to operate such station. ( ii ) Operators of receive-only earth stations need not apply for a license to receive transmissions from non-U.S.-licensed space stations that have been duly approved for U.S. market access, provided the space station operator and earth station operator comply with all applicable rules in this chapter and with applicable conditions in the Permitted Space Station List or market-access grant. ( c ) ( 1 ) GSO FSS earth stations in 10.7-12.2 GHz or 14-14.5 GHz. A blanket license application for operation in the 10.7-12.2 GHz or 14-14.5 GHz bands may be filed on FCC Form 312 or Form 312EZ, with a Schedule B for each large (5 meters or larger) hub station antenna and each representative type of small antenna (less than 5 meters) operating within the network; however, blanket licensing in the 10.7-11.7 GHz band is on an unprotected basis with respect to the fixed service. ( i ) Applications to license networks of earth stations operating in the 11.7-12.2 GHz and 14.0-14.5 GHz bands under blanket operating authority that meet the requirements of § 25.212(c) or § 25.218(e) or (f) will be routinely processed. ( ii ) Applications to license networks of earth stations operating in the 11.7-12.2 GHz and 14.0-14.5 GHz bands under blanket operating authority that do not meet the requirements of § 25.212(c) or § 25.218(e) or (f) must comply with the requirements in § 25.220 and must be filed on FCC Form 312 with a Schedule B for each large (5 meters or larger) hub station antenna and each representative type of small antenna (less than 5 meters) operating within the network. ( 2 ) Networks of earth stations operating in the 3700-4200 MHz and 5925-6425 MHz bands. Applications to license networks of earth stations operating in the 3700-4200 MHz and 5925-6425 MHz bands must be filed electronically on FCC Form 312, Main Form and Schedule B. Applications will be routinely processed provided that frequency coordination has been satisfactorily completed and that the proposed earth stations comply with the applicable provisions in § 25.211(d) or § 25.212(d) . Alternatively, applicants that have satisfactorily completed frequency coordination may be routinely processed if the proposed earth stations comply with the applicable off-axis EIRP density limits in § 25.218(c) or (d) . ( i ) For earth station antennas operating with power levels not consistent with the applicable provisions in § 25.211(d) or § 25.212(d) , or with EIRP density levels not consistent with those specified in § 25.218(c) or (d) , the applicant must file an initial lead application providing a detailed overview of the complete network. Such lead applications must fully identify the scope and nature of the service to be provided, as well as the complete technical details of each representative type of antenna that will operate within the network. Such lead applications for a single system must identify: ( A ) No more than three geostationary satellites to be accessed; ( B ) The amount of frequency bandwidth sought, up to a maximum of 20 MHz of spectrum in each direction at each of the satellites (The same 20 MHz of uplink and 20 MHz of downlink spectrum at each satellite would be accessible by all earth stations in the system. The 20 MHz of uplink and 20 MHz of downlink spectrum need not be the same at each satellite location); ( C ) The maximum number of earth station sites; ( ii ) Following the issuance of a license for the lead application, the licensee shall notify the Commission of the complete technical parameters of each individual earth station site before that site is bought into operation under the lead authorization. Full frequency coordination of each individual site (e.g., for each satellite and the spectrum associated therewith) shall be completed prior to filing Commission notification. The coordination must be conducted in accordance with § 25.203 . Such notification shall be done by electronic filing and shall be consistent with the technical parameters of Schedule B of FCC Form 312. ( iii ) Following successful coordination of such an earth station, if the earth station operator does not file a lead application or a Schedule B within six months after it successfully completes coordination, it will be assumed that such frequency use is no longer desired, unless a second notification has been received within ten days prior to the end of the six month period. Such renewal notifications must be sent to all parties concerned. If the lead application or Schedule B, or renewal notification, is not timely received, the coordination will lapse and the licensee must re-coordinate the relevant earth stations if it still wishes to bring them into operation. ( iv ) Operation of each individual site may commence immediately after the public notice is released that identifies the notification sent to the Commission and if the requirements of paragraph (c)(2)(vi) of this section are met. Continuance of operation of each station for the duration of the lead license term shall be dependent upon successful completion of the normal public notice process. If any objections are received to the new station prior to the end of the 30 day comment period of the Public Notice, the licensee shall immediately cease operation of those particular stations until the coordination dispute is resolved and the licensee informs the Commission of the resolution. If the requirements of paragraph (c)(2)(vi) of this section are not met, operation may not commence until the Commission issues the public notice acting on the terminal authorization. ( v ) Each licensee shall annually provide the Commission an updated list of all operational earth stations in its system. The annual list shall also include a list of all earth stations deactivated during the year and identification of the satellites providing service to the network as of the date of the report. ( vi ) Conditional authorization. ( A ) An applicant for a new radio station or modification of an existing station authorized under paragraph (c)(2)(i) of this section in the 3700-4200; or 5925-6425 MHz bands may operate the proposed station during the pendency of its application after the release of the public notice accepting the notification for filing that complies with paragraph (c)(2)(ii) of this section. The applicant, however, must first certify that the following conditions are satisfied: ( 1 ) The frequency coordination procedures of § 25.203 have been successfully completed; ( 2 ) The antenna structure has been previously studied by the Federal Aviation Administration and determined to pose no hazard to aviation safety as required by subpart B of part 17 of this chapter ; or the antenna or tower structure does not exceed 6.1 meters above ground level or above an existing man-made structure (other than an antenna structure), if the antenna or tower has not been previously studied by the Federal Aviation Administration and cleared by the FCC; ( 3 ) The grant of the application(s) does not require a waiver of the Commission's rules (with the exception of a request for waiver pertaining to fees); ( 4 ) The applicant has determined that the facility(ies) will not significantly affect the environment as defined in § 1.1307 of this chapter after complying with any applicable environmental notification procedures specified in § 17.4(c) of this chapter . ( 5 ) The station site does not lie within 56.3 kilometers of any international border or within a radio “Quiet Zone” identified in § 1.924 of this chapter ; and ( 6 ) The filed application is consistent with the proposal that was coordinated pursuant to § 25.251 . ( B ) Conditional authority ceases immediately if the Schedule B is returned by the Commission because it is not accepted for filing. ( C ) A conditional authorization pursuant to paragraphs (c)(2)(vi)(A) and (c)(2)(vi)(B) of this section is evidenced by retaining a copy of the Schedule B notification with the station records. Conditional authorization does not prejudice any action the Commission may take on the subject application(s) or the Schedule B notifications. ( D ) Conditional authority is accepted with the express understanding that such authority may be modified or cancelled by the Commission at any time without hearing if, in the Commission's discretion, the need for such action arises. An applicant operating pursuant to this conditional authority assumes all risks associated with such operation, the termination or modification of the conditional authority, or the subsequent dismissal or denial of its application(s). ( E ) The copy of the Schedule B notification form must be posted at each station operating pursuant to this section. ( vii ) Period of construction. Construction of each earth station must be completed and the station must be brought into regular operation within twelve months from the date that action is taken to authorize that station to operate under the lead authorization, except as may be otherwise determined by the Commission for any particular application. ( 3 ) Networks of earth stations operating in the 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, and 29.25-30 GHz bands with U.S.-licensed or non-U.S.-licensed satellites for domestic or international services. ( i ) Applications to license networks of earth stations that will transmit digitally modulated signals to GSO space stations in the 28.35-28.6 GHz and/or 29.25-30.0 GHz bands under blanket operating authority must be filed on FCC Form 312, or Form 312EZ if available, with a Schedule B for each large (5 meters or larger) hub station antenna and each representative type of small antenna (less than 5 meters) operating within the network and may be routinely processed if the criteria in paragraphs (c)(3)(i)(A) and (B) of this section are met: ( A ) The applicant certifies pursuant to § 25.132(a)(1) that the off-axis gain of transmitting antennas in the network will not exceed the relevant levels specified in § 25.209(a) and (b) and the power spectral density of any digitally modulated carrier into any transmitting earth station antenna in the proposed network will not exceed 3.5 dBW/MHz as specified in § 25.212(e) . ( B ) The application includes information filed pursuant to paragraph (g)(1) of this section indicating that off-axis EIRP density from the proposed earth stations will not exceed relevant routine levels specified in § 25.218(i) . ( ii ) Applications to license networks of earth stations operating in the 28.35-28.6 GHz and/or 29.25-30.0 GHz bands under blanket operating authority that do not meet the requirements of § 25.212(e) or § 25.218(i) must comply with the requirements in § 25.220 and must be filed on FCC Form 312 with a Schedule B for each large (5 meters or larger) hub station antenna and each representative type of small antenna (less than 5 meters) operating within the network. ( d ) Mobile-Satellite Service user transceivers need not be individually licensed. Service vendors may file blanket applications for such transceivers using FCC Form 312, Main Form and Schedule B, specifying the number of units to be covered by the blanket license. A blanket license application for 1.5/1.6 GHz MSS user transceivers must include an explanation of how the applicant will comply with the priority and preemptive access requirements in § 25.287 . ( e ) GSO FSS earth stations in 17.8-30 GHz. (1) An application for a GSO FSS earth station license in the 17.8-19.4 GHz, 19.6-20.2 GHz, 27.5-29.1 GHz, or 29.25-30 GHz bands not filed on FCC Form 312EZ pursuant to paragraph (a)(2) of this section must be filed on FCC Form 312, Main Form and Schedule B, and must include any information required by paragraphs (a)(5) through (10) or (g) or (j) of this section. ( f ) NGSO FSS earth stations in 10.7-30.0 GHz. ( 1 ) An application for an NGSO FSS earth station license in the 10.7-30.0 GHz band must include the certification described in § 25.146(a)(2) . ( 2 ) Individual or blanket license applications may be filed for operation in the 10.7-12.7 GHz, 14-14.5 GHz, 17.8-18.6 GHz, 18.8-19.4 GHz, 19.6-20.2 GHz, 28.35-29.1 GHz, or 29.5-30.0 GHz bands; however, ESIMs cannot operate in the 28.35-28.4 GHz band and blanket licensing in the 10.7-11.7 GHz, 17.8-18.3 GHz, 19.3-19.4 GHz, and 19.6-19.7 GHz bands is on an unprotected basis with respect to current and future systems operating in the fixed service. ( 3 ) Individual license applications only may be filed for operation in the 12.75-13.15 GHz, 13.2125-13.25 GHz, 13.75-14 GHz, or 27.5-28.35 GHz bands. ( g ) Applications for earth stations that will transmit to GSO space stations in any portion of the 5850-6725 MHz, 13.75-14.5 GHz, 24.75-25.25 GHz, 28.35-28.6 GHz, or 29.25-30.0 GHz bands must include, in addition to the particulars of operation identified on FCC Form 312 and associated Schedule B, the information specified in either paragraph (g)(1) or (g)(2) of this section for each earth station antenna type. ( 1 ) Specification of off-axis EIRP density calculated from measurements made consistent with the requirements in § 25.132(b)(1) , in accordance with the following requirements. For purposes of this rule, the “off-axis angle” is the angle in degrees from a line between an earth station antenna and the target satellite. ( i ) A plot of maximum co-polarized EIRP density in the plane tangent to the GSO arc at off-axis angles from minus 180° to plus 180°; ( ii ) A plot of maximum co-polarized EIRP density in the plane tangent to the GSO arc at off-axis angles from minus 10° to plus 10°; ( iii ) A plot of maximum co-polarized EIRP density in the plane perpendicular to the GSO arc at off-axis angles from 0° to plus 30°; ( iv ) A plot of maximum cross-polarized EIRP density in the plane tangent to the GSO arc at off-axis angles from minus 7° to plus 7°; ( v ) A plot of maximum cross-polarized EIRP density in the plane perpendicular to the GSO arc at off-axis angles from minus 7° to plus 7°; ( vi ) For antennas for which gain measurements are made pursuant to § 25.132(b)(1)(iv) , the EIRP density plots specified in paragraphs (g)(1)(i) through (v) of this section must be provided over the specified angular ranges in two orthogonal planes, one of which is tangent to the GSO arc and with the antenna operating at its maximum skew angle, which the applicant must specify. ( vii ) The relevant off-axis EIRP density envelopes in § 25.218 must be superimposed on plots submitted pursuant to paragraphs (g)(1)(i) through (vi) of this section. ( viii ) The showing must include a supplemental table for each off-axis angular range in which the relevant EIRP density envelope will be exceeded, specifying angular coordinates in degrees off-axis and corresponding calculated off-axis EIRP density at 0.2° increments over the angular range in which the routine envelope will be exceeded and one degree on each side of that range. ( 2 ) An applicant that certifies pursuant to § 25.132(a)(1) that a proposed antenna's measured gain pattern conforms to relevant standards in § 25.209(a) and (b) and that input power density to the antenna will not exceed the relevant limit in § 25.211 or § 25.212 need not provide a showing pursuant to paragraph (g)(1) of this section for operation with that antenna. ( h ) [Reserved] ( i ) An earth station applicant filing an application for a blanket-licensed earth station network made up of FSS earth stations and planning to use a contention protocol must include in its application a certification that its contention protocol usage will be reasonable. ( j ) An application for a new fixed earth station or modification involving alteration of the overall height of one or more existing earth station antenna structures must include the FCC Antenna Structure Registration Number(s) for the antenna structure(s), if assigned. If no such number has been assigned, the application must state whether prior FAA notification is required by part 17 of this chapter and, if so, whether the applicant or owner of the structure has notified the FAA of the proposed construction or alteration and applied for an Antenna Structure Registration Number in accordance with part 17 of this chapter . Applicants who maintain that prior FAA notification is not required for construction or alteration of a structure with overall height more than 6.1 meters above ground level must explain in the application why such prior notification is not required. ( k ) ( 1 ) Applicants for FSS earth stations that qualify for routine processing in the conventional or extended C-bands, the conventional or extended Ku-bands, the conventional Ka-band, or the 24.75-25.25 GHz band, including ESV applications filed pursuant to paragraph (m)(1) or (n)(1) of this section, VMES applications filed pursuant to paragraph (m)(1) or (n)(1) of this section, and ESAA applications filed pursuant to paragraph (m)(1) or (n)(1) of this section, may designate the Permitted Space Station List as a point of communication. Once such an application is granted, the earth station operator may communicate with any space station on the Permitted Space Station List, provided that the operation is consistent with the technical parameters and conditions in the earth station license and any limitations placed on the space station authorization or noted in the Permitted Space Station List. ( 2 ) Notwithstanding paragraph (k)(1) of this section, an earth station that would receive signals in the 17.8-20.2 GHz band may not communicate with a space station on the Permitted Space Station List in that band until the space station operator has completed coordination under Footnote US334 to § 2.106 of this chapter . ( l ) The requirements of this paragraph apply to applications for ESV operation in the 5925-6425 MHz (Earth-to-space) band with GSO satellites in the Fixed-Satellite Service, in addition to the requirements in paragraphs (a)(1) , (5) , (6) , and (i) of this section: ( 1 ) Applications where any necessary frequency coordination has been satisfactorily completed, and the proposed earth station transmissions comport with the applicable provisions in § 25.212(d) or the applicable off-axis EIRP density limits in § 25.218(d) will be routinely processed. Such applications must include the relevant information specified by paragraph (g) of this section. Applicants for ESIMs operating in a network using variable power density control of earth stations transmitting simultaneously in shared frequencies to the same target satellite receiving beam must also provide the certification required by § 25.212(g) or § 25.218(d)(4) , whichever is applicable. ( 2 ) Applications where the proposed earth station transmissions do not comport with the applicable provisions in § 25.212(d) or the applicable off-axis EIRP density limits in § 25.218(d) must include the information specified by paragraph (g)(1) of this section, and are subject to the requirements of § 25.220 . ( 3 ) Applications must include the following information: ( i ) ESIM applicants that meet the relevant off-axis EIRP density mask must certify that an ESIM system is self-monitoring and capable of automatically ceasing or reducing emissions within 100 milliseconds if the ESIM transmitter exceeds the relevant off-axis EIRP density limits. ESIM applicants that do not meet the relevant off-axis EIRP density mask must provide a detailed showing that an ESIM system is self-monitoring and capable of automatically ceasing or reducing emissions within 100 milliseconds if the ESIM transmitter exceeds the relevant off-axis EIRP density limits. Variable-power ESIM applicants must certify that one or more transmitters are capable of automatically ceasing or reducing emissions within 100 milliseconds of receiving a command to do so from the system's network control and monitoring center, if the aggregate off axis EIRP densities of the transmitter or transmitters exceed the relevant off-axis EIRP density limits. ( ii ) An exhibit describing the geographic area(s) in which the ESVs will operate. ( iii ) The point of contact information referred to in § 25.228(e)(2) . ( iv ) Applicants for ESVs that will exceed the guidelines in § 1.1310 of this chapter for radio frequency radiation exposure must provide, with their environmental assessment, a plan for mitigation of radiation exposure to the extent required to meet those guidelines. ( m ) The requirements of this paragraph apply to applications for ESIM operation in the 14.0-14.5 GHz (Earth-to-space) band with GSO satellites in the Fixed-Satellite Service, in addition to the requirements in paragraphs (a)(1) and (5) and (i) of this section: ( 1 ) Applications where any necessary frequency coordination has been satisfactorily completed, and the proposed earth station transmissions comport with the applicable provisions in § 25.212(c)(2) or the applicable off-axis EIRP density limits in § 25.218(f) will be routinely processed. Such applications must include the relevant information specified by paragraph (g) of this section. Applicants for ESIMs operating in a network using variable power density control of earth stations transmitting simultaneously in shared frequencies to the same target satellite receiving beam must also provide the certification required by § 25.212(g) or § 25.218(f)(4) , whichever is applicable. ( 2 ) Applications where the proposed earth station transmissions do not comport with the applicable provisions in § 25.212(c)(2) or the applicable off-axis EIRP density limits in § 25.218(f) must include the information specified by paragraph (g)(1) of this section, and are subject to the requirements of § 25.220 . ( 3 ) Applications must include the following information: ( i ) ESIM applicants that meet the relevant off-axis EIRP density mask must certify that an ESIM system is self-monitoring and capable of automatically ceasing or reducing emissions within 100 milliseconds if the ESIM transmitter exceeds the relevant off-axis EIRP density limits. ESIM applicants that do not meet the relevant off-axis EIRP density mask must provide a detailed showing that an ESIM system is self-monitoring and capable of automatically ceasing or reducing emissions within 100 milliseconds if the ESIM transmitter exceeds the relevant off-axis EIRP density limits. Variable-power ESIM applicants must certify that one or more transmitters are capable of automatically ceasing or reducing emissions within 100 milliseconds of receiving a command to do so from the system's network control and monitoring center, if the aggregate off axis EIRP densities of the transmitter or transmitters exceed the relevant off-axis EIRP density limits. ( ii ) An exhibit describing the geographic area(s) in which the ESIMs will operate. ( iii ) The point of contact information referred to in § 25.228(e)(2) , (f) , or (g)(1) as appropriate. ( iv ) Applicants for ESIMs that will exceed the guidelines in § 1.1310 of this chapter for radio frequency radiation exposure must provide, with their environmental assessment, a plan for mitigation of radiation exposure to the extent required to meet those guidelines. ( n ) The requirements of this paragraph apply to applications for ESIM operation in the 28.35-28.6 GHz or 29.25-30.0 GHz (Earth-to-space) band with GSO satellites in the Fixed-Satellite Service, in addition to the requirements in paragraphs (a)(1) and (5) and (i) of this section: ( 1 ) Applications where any necessary frequency coordination has been satisfactorily completed, and the proposed earth station transmissions comport with the applicable provisions in § 25.212(e) or the applicable off-axis EIRP density limits in § 25.218(i) will be routinely processed. Such applications must include the relevant information specified by paragraph (g) of this section. Applicants for ESIMs operating in a network using variable power density control of earth stations transmitting simultaneously in shared frequencies to the same target satellite receiving beam must also provide the certification required by § 25.212(g) or § 25.218(i)(5) , whichever is applicable. ( 2 ) Applications where the proposed earth station transmissions do not comport with the applicable provisions in § 25.212(e) or the applicable off-axis EIRP density limits in § 25.218(i) must include the information specified by paragraph (g)(1) of this section, and are subject to the requirements of § 25.220 . ( 3 ) Applications must include the following information: ( i ) ESIM applicants that meet the relevant off-axis EIRP density mask must certify that an ESIM system is self-monitoring and capable of automatically ceasing or reducing emissions within 100 milliseconds if the ESIM transmitter exceeds the relevant off-axis EIRP density limits. ESIM applicants that do not meet the relevant off-axis EIRP density mask must provide a detailed showing that an ESIM system is self-monitoring and capable of automatically ceasing or reducing emissions within 100 milliseconds if the ESIM transmitter exceeds the relevant off-axis EIRP density limits. Variable-power ESIM applicants must certify that one or more transmitters are capable of automatically ceasing or reducing emissions within 100 milliseconds of receiving a command to do so from the system's network control and monitoring center, if the aggregate off axis EIRP densities of the transmitter or transmitters exceed the relevant off-axis EIRP density limits. ( ii ) An exhibit describing the geographic area(s) in which the ESIMs will operate. ( iii ) The point of contact information referred to in § 25.228(e)(2) , (f) , or (g)(1) as appropriate. ( iv ) Applicants for ESIMs that will exceed the guidelines in § 1.1310 of this chapter for radio frequency radiation exposure must provide, with their environmental assessment, a plan for mitigation of radiation exposure to the extent required to meet those guidelines. ( o ) The requirements in this paragraph apply to applications for ESIMs operation with NGSO satellites in the Fixed-Satellite Service, in addition to the requirements in paragraphs (a)(1) , (a)(5) , and (i) of this section: ( 1 ) An exhibit describing the geographic area(s) in which the ESIMs will operate and the location of hub and/or gateway stations. ( 2 ) The point of contact information referred to in § 25.228(e)(2) , (f) , or (g)(1) as appropriate. ( 3 ) Applicants for ESIMs that will exceed the guidelines in § 1.1310 of this chapter for radio frequency radiation exposure must provide, with their environmental assessment, a plan for mitigation of radiation exposure to the extent required to meet those guidelines. ( p ) The licensee and grantees shall ensure compliance with the Commission's radio frequency exposure requirements in §§ 1.1307(b) , 2.1091 , and 2.1093 of this chapter , as appropriate. An Environmental Assessment may be required if RF radiation from the proposed facilities would, in combination with radiation from other sources, cause RF power density or field strength in an accessible area to exceed the applicable limits specified in § 1.1310 of this chapter . See § 1.1307(b)(5)(ii) . ( q ) SCS earth stations. An applicant seeking to use SCS earth stations to provide SCS must comply with § 25.125 . ( 1 ) A satellite operator licensed under § 25.125 to provide SCS is permitted to communicate with all terrestrial wireless licensee(s)-associated SCS earth stations that have been approved for such use under part 2 of this chapter . ( i ) Such earth stations must show compliance with this part and at least one of either part 22 , 24 , or 27 of this chapter to provide SCS within the technical parameters and provisions associated with the device certification. ( ii ) The device certification must show compliance with the licensed parameters of the terrestrial wireless license(s) and at least one of either part 22 , 24 , or 27 of this chapter , as applicable. ( 2 ) An earth station may be used for the provision of SCS when: ( i ) The satellite operator licensed under § 25.125 is a party to a valid and approved spectrum leasing arrangement or agreement pursuant to § 1.9047 of this chapter with at least one terrestrial wireless licensee(s) licensed under one of either part 22 , 24 , or 27 of this chapter ; and ( ii ) That terrestrial wireless licensee(s) has met and operates within all conditions associated with the relevant terrestrial wireless license(s). ( 3 ) A satellite operator authorized to provide SCS under § 25.125 is authorized under paragraph (q)(1) of this section to communicate with SCS earth stations for any period during which each of the following apply: ( i ) The service is provided during the valid duration of any spectrum leasing arrangement or agreement pursuant to § 1.9047 of this chapter between the terrestrial wireless licensee(s) and satellite operator; ( ii ) The devices to which service is provided are certified under part 2 of this chapter ; and ( iii ) The terrestrial wireless licensee(s) is a valid licensee(s) under part 22 , 24 , or 27 of this chapter . ( 4 ) A satellite operator with SCS authorization via a market access grant can avail itself of the provisions of this paragraph (q) but, in addition to the parameters established in paragraphs (q)(1) and (2) of this section, must also comply with any additional parameters included in the satellite operator's space station market access grant. ( 5 ) A satellite operator operating in conformance with the parameters established in this part does not need a separate earth station authorization for the provision of SCS under this part. [ 62 FR 5928 , Feb. 10, 1997] Editorial Note Editorial Notes: 1. For Federal Register citations affecting § 25.115 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . 2. At 84 FR 53651 , Oct. 8, 2019, § 25.115 was amended in part by revising paragraph (c)(1); however, the amendment could not be incorporated because no new text was set out for paragraph (c)(1). § 25.116 Amendments to applications. ( a ) Unless otherwise specified, any pending application may be amended until designated for hearing, a public notice is issued stating that a substantive disposition of the application is to be considered at a forthcoming Commission meeting, or a final order disposing of the matter is adopted by the Commission. ( b ) Major amendments submitted pursuant to paragraph (a) of this section are subject to the public notice requirements of § 25.151 . An amendment will be deemed to be a major amendment under the following circumstances: ( 1 ) If the amendment increases the potential for interference, or changes the proposed frequencies or orbital locations to be used. ( 2 ) If the amendment would convert the proposal into an action that may have a significant environmental effect under § 1.1307 of this chapter . ( 3 ) [Reserved] ( 4 ) If the amendment, or the cumulative effect of the amendment, is determined by the Commission otherwise to be substantial pursuant to section 309 of the Communications Act. ( 5 ) Amendments to “defective” space station applications, within the meaning of § 25.112 will not be considered. ( c ) Any application for an NGSO-like satellite license within the meaning of § 25.157 will be considered to be a newly filed application if it is amended by a major amendment (as defined by paragraph (b) of this section) after a “cut-off” date applicable to the application, except under the following circumstances: ( 1 ) The amendment resolves frequency conflicts with authorized stations or other pending applications but does not create new or increased frequency conflicts; ( 2 ) The amendment reflects only a change in ownership or control found by the Commission to be in the public interest and, for which a requested exemption from a “cut-off” date is granted; ( 3 ) The amendment corrects typographical, transcription, or similar clerical errors which are clearly demonstrated to be mistakes by reference to other parts of the application, and whose discovery does not create new or increased frequency conflicts; or ( 4 ) The amendment does not create new or increased frequency conflicts, and is demonstrably necessitated by events which the applicant could not have reasonably foreseen at the time of filing. ( d ) Any application for a GSO-like satellite license within the meaning of § 25.158 will be considered to be a newly filed application if it is amended by a major amendment (as defined by paragraph (b) of this section), and will cause the application to lose its status relative to later-filed applications in the “queue” as described in § 25.158 . ( e ) Any amendment to an application shall be filed electronically through the International Communications Filing System (ICFS) in accordance with the applicable provisions of part 1, subpart Y of this chapter . Amendments to space station applications must be filed on Form 312 and Schedule S. Amendments to earth station applications must be filed on Form 312 and Schedule B. [ 56 FR 24016 , May 28, 1991, as amended at 68 FR 51503 , Aug. 27, 2003; 69 FR 47794 , Aug. 6, 2004; 78 FR 8421 , Feb. 6, 2013; 88 FR 21440 , Apr. 10, 2023] § 25.117 Modification of station license. Cross Reference Link to an amendment published at 87 FR 72404 , Nov. 25, 2022. Cross Reference Link to an amendment published at 89 FR 58072 , July 17, 2024. ( a ) Except as provided for in § 25.118 (Modifications not requiring prior authorization), no modification of a radio station governed by this part which affects the parameters or terms and conditions of the station authorization shall be made except upon application to and grant of such application by the Commission. ( b ) Both earth station and space station modification applications must be filed electronically through the International Communications Filing System (ICFS) in accordance with the applicable provisions of part 1, subpart Y, of this chapter. ( c ) Applications for modification of earth station authorizations must be submitted on FCC Form 312, Main Form and Schedule B. Applications for modification of space station authorizations must be submitted on FCC Form 312, Main Form and Schedule S. Only those items that change need to be specified, provided that the applicant certifies that the remaining information has not changed. ( d ) ( 1 ) Except as set forth in § 25.118(e) , applications for modifications of space station authorizations shall be filed in accordance with § 25.114 and/or § 25.122 or § 25.123 , as applicable, but only those items of information listed in § 25.114 and/or § 25.122 or § 25.123 that change need to be submitted, provided the applicant certifies that the remaining information has not changed. ( 2 ) Applications for modifications of space station authorizations will be granted except under the following circumstances: ( i ) Granting the modification would make the applicant unqualified to operate a space station under the Commission's rules. ( ii ) Granting the modification request would not serve the public interest, convenience, and necessity. ( iii ) Except as set forth in paragraph (d)(2)(iv) of this section, applications for modifications of GSO-like space station authorizations granted pursuant to the procedure set forth in § 25.158 , which seek to relocate a GSO satellite or add a frequency band to the authorization, will be placed in a queue pursuant to § 25.158 and considered only after previously filed space station license applications or space station modification applications have been considered. ( iv ) Applications for modifications of space station authorizations to increase the authorized bandwidth will not be considered in cases in which the original space station authorization was granted pursuant to the procedures set forth in § 25.157(e) or § 25.158(c)(4) . ( v ) Any 17/24 GHz BSS space station operator whose license is conditioned to operate at less than the power level otherwise permitted by § 25.208(c) and/or (w) of this part, and is conditioned to accept interference from a neighboring 17/24 GHz BSS space station, may file a modification application to remove those two conditions in the event that the license for that neighboring space station is cancelled or surrendered. In the event that two or more such modification applications are filed, and those applications are mutually exclusive, the modification applications will be considered on a first-come, first-served basis pursuant to the procedure set forth in § 25.158 of this part . ( 3 ) In the event that a space station licensee provides notification of a planned license modification pursuant to § 25.118(e) , and the Commission finds that the proposed modification does not meet the requirements of § 25.118(e) , the Commission will issue a public notice announcing that the proposed license modification will be considered pursuant to the procedure specified in paragraphs (d)(1) and (d)(2) of this section. ( e ) Any application for modification of authorization to extend a required date of completion, as set forth in § 25.133 for earth station authorizations or § 25.164 for space stations, or included as a condition of any earth station or space station authorization, must include a verified statement from the applicant: ( 1 ) That states that the additional time is required due to unforeseeable circumstances beyond the applicant's control, describes these circumstances with specificity, and justifies the precise extension period requested; or ( 2 ) That states there are unique and overriding public interest concerns that justify an extension, identifies these interests and justifies a precise extension period. ( f ) An application for modification of a space station license to add an ancillary terrestrial component to an eligible satellite network will be treated as a request for a minor modification if the particulars of operations provided by the applicant comply with the criteria specified in § 25.149 . Notwithstanding the treatment of such an application as a minor modification, the Commission shall place any initial application for the modification of a space station license to add an ancillary terrestrial component on notice for public comment. Except as provided for in § 25.149(f) , no application for authority to add an ancillary terrestrial component to an eligible satellite network shall be granted until the applicant has demonstrated actual compliance with the criteria specified in § 25.149(b) . ( g ) The licensee and grantees shall ensure compliance with the Commission's radio frequency exposure requirements in §§ 1.1307(b) , 2.1091 , and 2.1093 of this chapter , as appropriate. An Environmental Assessment may be required if RF radiation from the proposed facilities would, in combination with radiation from other sources, cause RF power density or field strength in an accessible area to exceed the applicable limits specified in § 1.1310 of this chapter . See § 1.1307(b)(5)(iii) . ( h ) Unless otherwise ordered by the Commission, an application for any of the following kinds of modification of the operation of a GSO space station will be deemed granted 35 days after the date of the public notice that the application has been accepted for filing, provided no objection is filed during the 30-day notice period and the application does not propose a change that would be inconsistent with a Commission rule or require modification of the BSS plan in Appendix 30 or the associated feeder-link Plan in Appendix 30A of the ITU Radio Regulations (both incorporated by reference, see § 25.108 ). ( 1 ) Relocation of a DBS or GSO FSS space station by no more than 0.15° from the initially authorized orbital location, provided the application includes a signed certification that: ( i ) The space station operator has assessed and limited the probability of the satellite becoming a source of debris as a result of collisions with large debris or other operational satellites at the new orbital location; and ( ii ) The proposed station-keeping volume of the satellite following relocation will not overlap a station-keeping volume reasonably expected to be occupied by any other satellite, including those authorized by the Commission, applied for and pending before the Commission, or otherwise the subject of an ITU filing and either in orbit or progressing towards launch. ( 2 ) Repositioning one or more antenna beams by no more than 0.3 angular degrees from a line between the space station and the initially authorized boresight location(s). ( i ) Unless otherwise ordered by the Commission, an application to add a space station point of communication to an earth station authorization will be deemed granted 35 days after the date of the public notice that the application has been accepted for filing, provided: ( 1 ) The license modification is only to add one or more points of communication; ( 2 ) The modification will not cause the earth station transmissions to exceed the highest EIRP, EIRP density, and bandwidth prescribed for any already authorized emission; and ( 3 ) The new space station point of communication will operate with the earth station only in frequency bands that are not shared with Federal or terrestrial wireless users and are not subject to coordination requirements with other non-Federal satellite services. ( j ) An application for modification of a space station authorization to provide SCS must comply with § 25.125 . [ 56 FR 24016 , May 28, 1991, as amended at 61 FR 9952 , Mar. 12, 1996; 62 FR 5928 , Feb. 10, 1997; 68 FR 33649 , June 5, 2003; 68 FR 47858 , Aug. 12, 2003; 68 FR 51503 , Aug. 27, 2003; 68 FR 62248 , Nov. 3, 2003; 68 FR 63998 , Nov. 12, 2003; 69 FR 47794 , Aug. 6, 2004; 70 FR 32253 , June 2, 2005; 72 FR 60279 , Oct. 24, 2007; 78 FR 8421 , Feb. 6, 2013; 81 FR 55328 , Aug. 18, 2016; 85 FR 18150 , Apr. 1, 2020; 85 FR 43733 , July 20, 2020; 88 FR 21440 , Apr. 10, 2023; 88 FR 84754 , Dec. 6, 2023; 89 FR 34166 , Apr. 30, 2024] § 25.118 Modifications not requiring prior authorization. ( a ) Earth station modifications, notification required. Earth station licensees may make the following modifications without prior Commission authorization, provided they notify the Commission, using FCC Form 312 and Schedule B, within 30 days of the modification. The notification must be filed electronically through the International Communications Filing System (ICFS) in accordance with the applicable provisions of part 1, subpart Y of this chapter . ( 1 ) Blanket-licensed earth station operators may add remote terminals operating on a primary basis without prior authorization, provided they have complied with all applicable frequency coordination procedures in accordance with § 25.251 . ( 2 ) A licensee providing service on a private carrier basis may change its operations to common carrier status without obtaining prior Commission authorization. The licensee must notify the Commission using FCC Form 312 within 30 days after the completed change to common carrier status. ( 3 ) An earth station operator may change a point of communication without prior authorization, provided the operator does not repoint the earth station's antenna beyond any coordinated range; and ( i ) The change results from a space station relocation described in paragraph (e) of this section, or ( ii ) The new point of communication is a replacement GSO space station within ±0.15° of orbital longitude of the same location, with authority to serve the U.S., and the change does not entail any increase in the earth station's EIRP or EIRP density. ( 4 ) An earth station licensee may additionally: ( i ) Decrease antenna height; or ( ii ) Increase or decrease the earth station's PFD contour, provided the modification does not involve a change listed in paragraph (b)(2) of this section. ( b ) Earth station modifications, notification not required. Notwithstanding paragraph (a) of this section: ( 1 ) Equipment in an authorized earth station may be replaced without prior authorization and without notifying the Commission if the new equipment is electrically identical to the existing equipment. ( 2 ) Licensees may make other changes to their authorized earth stations, including the addition of new transceiver/antenna combinations, without notifying the Commission, provided the modification does not involve: ( i ) An increase in EIRP or EIRP density (either main lobe or off-axis); ( ii ) Additional operating frequencies; ( iii ) A change in polarization; ( iv ) An increase in antenna height; ( v ) Antenna repointing beyond any coordinated range; or ( vi ) A change from the originally authorized coordinates of more than 1 second of latitude or longitude for stations operating in frequency bands shared with terrestrial systems or more than 10 seconds of latitude or longitude for stations operating in frequency bands not shared with terrestrial systems. ( c ) - ( d ) [Reserved] ( e ) Relocation of GSO space stations. A space station licensee may relocate a GSO space station without prior authorization, but upon 30 days prior notice to the Commission and any potentially affected licensed spectrum user, provided that the operator meets the following requirements. The notification must be filed electronically on FCC Form 312 through the International Communications Filing System (ICFS) in accordance with the applicable provisions of part 1, subpart Y of this chapter : ( 1 ) The space station will be relocated to a position within ±0.15° of an orbital location assigned to the same licensee. ( 2 ) The licensee certifies that the space station will operate after the relocation within the technical parameters authorized and coordinated for the space station previously assigned to that location. ( 3 ) The licensee certifies that it will comply with all the conditions of its license for operation at the changed location. ( 4 ) The licensee certifies that it will limit operations of the space station to tracking, telemetry, and command functions during the relocation and satellite drift transition period. ( 5 ) The licensee certifies that: ( i ) It has assessed and limited the probability of the satellite becoming a source of debris as a result of collisions with large debris or other operational satellites at the new orbital location; and ( ii ) The proposed station-keeping volume of the satellite following relocation will not overlap a station-keeping volume reasonably expected to be occupied by any other satellite, including those authorized by the Commission, applied for and pending before the Commission, or otherwise the subject of an ITU filing and either in orbit or progressing towards launch. ( 6 ) The licensee certifies that the relocation will not result in a lapse of service for any current customer. ( 7 ) If the space station to be relocated is a DBS space station, the licensee certifies that there will be no increase in interference due to the operations of the relocated space station that would require the Commission to submit a proposed modification to the ITU Appendix 30 Broadcasting-Satellite Service Plan and/or the Appendix 30A feeder-link Plan (both incorporated by reference, see § 25.108 ) to the ITU Radiocommunication Bureau. A DBS licensee that meets this certification requirement is not subject to the requirements in paragraph (e)(2) of this section. ( 8 ) If the space station to be relocated is a DBS space station, the licensee certifies that it will meet the geographic service requirements in § 25.148(c) after the relocation. ( f ) Repositioning of NGSO space stations. A licensee may reposition NGSO space stations within an authorized orbital plane without prior Commission approval, provided the licensee notifies the Commission of the repositioning 10 days in advance by electronic filing on Form 312 in the International Communications Filing System. The notification must specify all changes in previously authorized parameters and must certify the following: ( 1 ) The licensee will continue to comply with the conditions of the space station license and all applicable Commission rules, including geographic coverage requirements, after the repositioning; ( 2 ) The repositioning will not increase risk of harmful interference to other systems not permitted by coordination agreements; ( 3 ) The licensee will not request increased interference protection because of the repositioning; ( 4 ) The licensee will monitor collision risk during the maneuver and take any necessary evasive measures. ( 5 ) Any change of orbital altitude entailed by the repositioning will not exceed 10 kilometers in extent or 30 days in duration and the licensee has notified, or will notify, the operator(s) of any satellite within 20 kilometers of the interim orbit at least 10 days before commencing the repositioning maneuver. [ 62 FR 5928 , Feb. 10, 1997, as amended at 68 FR 62248 , Nov. 3, 2003; 68 FR 63999 , Nov. 12, 2003; 69 FR 47794 , Aug. 6, 2004; 70 FR 32253 , June 2, 2005; 79 FR 8317 , Feb. 12, 2014; 81 FR 55329 , Aug. 18, 2016; 86 FR 11887 , Mar. 1, 2021; 88 FR 21440 , Apr. 10, 2023] § 25.119 Assignment or transfer of control of station authorization. ( a ) You must file an application for Commission authorization before you can transfer, assign, dispose of (voluntarily or involuntarily, directly or indirectly, or by transfer of control of any corporation or any other entity) your construction permit or station license, or accompanying rights, except as provided in paragraph (h) of this section. The Commission will grant your application only if it finds that doing so will serve the public interest, convenience, and necessity. ( b ) For purposes of this section, transfers of control requiring Commission approval shall include any and all transactions that: ( 1 ) Change the party controlling the affairs of the licensee, or ( 2 ) Effect any change in a controlling interest in the ownership of the licensee, including changes in legal or equitable ownership. ( c ) Assignment of license. You must submit an FCC Form 312, Main Form and Schedule A to voluntarily assign ( e.g. , as by contract or other agreement) or involuntarily assign ( e.g. , as by death, bankruptcy, or legal disability) your station authorization. You must file these forms electronically through ICFS. ( d ) Transfer of control of corporation holding license. If you want to transfer control of a corporation, which holds one or more licenses voluntarily or involuntarily ( de jure or de facto ), you must submit an FCC Form 312, Main Form and Schedule A. You must file these forms electronically through ICFS. For involuntary transfers, you must file your application within 10 days of the event causing the transfer of control. You can also use FCC Form 312, Main Form and Schedule A for non-substantial ( pro forma ) transfers of control. ( e ) Whenever a group of station licenses in the same radio service for the same class of facility licensed to the same entity is to be assigned or transferred to a single assignee or transferee, a single application may be filed to cover the entire group, if the application identifies in an exhibit each station by call sign, station location and expiration date of license. ( f ) Assignments and transfers of control shall be completed within 180 days from the date of authorization. Within 30 days of consummation, the Commission shall be notified by letter of the date of consummation and the file numbers of the applications involved in the transaction. ( g ) The Commission retains discretion in reviewing assignments and transfers of control of space station licenses to determine whether the initial license was obtained in good faith with the intent to construct a satellite system. ( h ) Pro forma transactions involving a telecommunications carrier. You do not need prior Commission approval for a non-substantial ( pro forma ) transfer of control or assignment of license involving a telecommunications carrier, as defined in 47 U.S.C. 153(51) . However, the pro forma transferee or assignee must file a notification with the Commission no later than 30 days after the transfer or assignment is completed. The notification must be filed on FCC Form 312, Main Form and Schedule A and must contain a certification that the transfer of control or assignment was pro forma and that, together with all previous pro forma transactions, it did not result in a change in the actual controlling party. ( i ) Pro forma transactions not involving a telecommunications carrier. A complete application for Commission approval of a non-substantial ( pro forma ) transfer of control or assignment of license not involving a telecommunications carrier, as defined in 47 U.S.C. 153(51) , will be deemed granted one business day after filing, provided that: ( 1 ) Approval does not require a waiver of, or a declaratory ruling pertaining to, any applicable Commission rule; and ( 2 ) The application includes a certification that the proposed transfer of control or assignment is pro forma and that, together with all previous pro forma transactions, it would not result in a change in the actual controlling party. ( j ) Receive-only earth station registrations. You do not need prior Commission approval for a transfer of control or assignment of a receive-only earth station registration. For all such transactions other than non-substantial ( pro forma ) transfers of control, the transferee or assignee must file a notification with the Commission on FCC Form 312, Main Form and Schedule A no later than 30 days after the transfer or assignment is completed. No notification is required for a pro forma transfer of control of a receive-only earth station registrant. [ 56 FR 24016 , May 20, 1991; 56 FR 29757 , June 20, 1991. Redesignated and amended at 62 FR 5928 , 5929 , Feb. 10, 1997; 68 FR 51503 , Aug. 27, 2003; 69 FR 29901 , May 26, 2004; 78 FR 8421 , Feb. 6, 2013; 79 FR 51264 , Aug. 28, 2014; 81 FR 55329 , Aug. 18, 2016; 88 FR 21440 , Apr. 10, 2023] § 25.120 Application for special temporary authorization. ( a ) In circumstances requiring immediate or temporary use of facilities, request may be made for special temporary authority to install and/or operate new or modified equipment. The request must contain the full particulars of the proposed operation including all facts sufficient to justify the temporary authority sought and the public interest therein. No request for temporary authority will be considered unless it is received by the Commission at least 3 working days prior to the date of proposed construction or operation or, where an extension is sought, the expiration date of the existing temporary authorization. A request received within less than 3 working days may be accepted only upon due showing of extraordinary reasons for the delay in submitting the request which could not have been earlier foreseen by the applicant. A copy of the request for special temporary authority also shall be forwarded to the Commission's Columbia Operations Center, 9200 Farm House Lane, Columbia, MD 21046-1609. ( b ) ( 1 ) The Commission may grant a temporary authorization only upon a finding that there are extraordinary circumstances requiring temporary operations in the public interest and that delay in the institution of these temporary operations would seriously prejudice the public interest. Convenience to the applicant, such as marketing considerations or meeting scheduled customer in-service dates, will not be deemed sufficient for this purpose. ( 2 ) The Commission may grant a temporary authorization for a period not to exceed 180 days, with additional periods not exceeding 180 days, if the Commission has placed the special temporary authority (STA) request on public notice. ( 3 ) The Commission may grant a temporary authorization for a period not to exceed 60 days, if the STA request has not been placed on public notice, and the applicant plans to file a request for regular authority for the service. ( 4 ) The Commission may grant a temporary authorization for a period not to exceed 30 days, if the STA request has not been placed on public notice, and an application for regular authority is not contemplated. ( c ) Each application proposing construction of one or more earth station antennas or alteration of the overall height of one or more existing earth station antenna structures, where FAA notification prior to such construction or alteration is required by part 17 of this chapter , must include the FCC Antenna Structure Registration Number(s) for the affected satellite earth station antenna(s). If no such number has been assigned at the time the application(s) is filed, the applicant must state in the application whether the satellite earth station antenna owner has notified the FAA of the proposed construction or alteration and applied to the FCC for an Antenna Structure Registration Number in accordance with part 17 of this chapter . Applications proposing construction of one or more earth station antennas or alteration of the overall height of one or more existing earth station antennas, where FAA notification prior to such construction or alteration is not required by part 17 of this chapter , must indicate such and, unless the satellite earth station antenna is 6.10 meters or less above ground level (AGL), must contain a statement explaining why FAA notification is not required. [ 56 FR 24016 , May 28, 1991, as amended at 61 FR 4367 , Feb. 6, 1996. Redesignated and amended at 62 FR 5928 , 5929 , Feb. 10, 1997; 66 FR 9973 , Feb. 13, 2001; 68 FR 51503 , Aug. 27, 2003] § 25.121 License term and renewals. Cross Reference Link to an amendment published at 85 FR 52451 , Aug. 25, 2020. Cross Reference Link to an amendment published at 89 FR 65217 , Aug. 9, 2024. ( a ) License Term. ( 1 ) Except for licenses for SDARS space stations and terrestrial repeaters, DBS and 17/24 GHz BSS space stations licensed as broadcast facilities, and licenses for which the application was filed pursuant to §§ 25.122 and 25.123 , licenses for facilities governed by this part will be issued for a period of 15 years. ( 2 ) Licenses for DBS space stations and 17/24 GHz BSS space stations licensed as broadcast facilities, and for SDARS space stations and terrestrial repeaters, will be issued for a period of 8 years. Licenses for DBS space stations not licensed as broadcast facilities will be issued for a period of 10 years. ( 3 ) Licenses for which the application was filed pursuant to § 25.122 or § 25.123 will be issued for a period of 6 years, without the possibility of extension or replacement authorization. ( b ) The Commission reserves the right to grant or renew station licenses for less than 15 years if, in its judgment, the public interest, convenience and necessity will be served by such action. ( c ) For earth stations, the license term will be specified in the instrument of authorization. ( d ) Space stations. ( 1 ) For geostationary-orbit space stations, the license term will begin at 3 a.m. Eastern Time on the date when the licensee notifies the Commission pursuant to § 25.173(b) that the space station has been successfully placed into orbit at its assigned orbital location and that its operations conform to the terms and conditions of the space station authorization. ( 2 ) For non-geostationary orbit space stations, except for those granted under § 25.122 or § 25.123 , the license period will begin at 3 a.m. Eastern Time on the date when the licensee notifies the Commission pursuant to § 25.173(b) that operation of an initial space station is compliant with the license terms and conditions and that the space station has been placed in its authorized orbit. Operating authority for all space stations subsequently brought into service pursuant to the license will terminate upon its expiration. ( 3 ) For non-geostationary orbit space stations granted under § 25.122 or § 25.123 , the license period will begin at 3 a.m. Eastern Time on the date when the licensee notifies the Commission pursuant to § 25.173(b) that operation of an initial space station is compliant with the license terms and conditions and that the space station has been placed in its authorized orbit and has begun operating. Operating authority for all space stations subsequently brought into service pursuant to the license will terminate upon its expiration. ( e ) Renewal of licenses. Applications for renewals of earth station licenses must be submitted on FCC Form 312R no earlier than 90 days, and no later than 30 days, before the expiration date of the license. Applications for space station system replacement authorization for non-geostationary orbit satellites shall be filed no earlier than 90 days, and no later than 30 days, prior to the end of the twelfth year of the existing license term. [ 56 FR 24016 , May 28, 1991, as amended at 58 FR 68059 , Dec. 23, 1993; 59 FR 53327 , Oct. 21, 1994. Redesignated and amended at 62 FR 5928 , 5929 , Feb. 10, 1997; 65 FR 59142 , Oct. 4, 2000; 67 FR 12485 , Mar. 19, 2002; 67 FR 51113 , Aug. 7, 2002; 68 FR 51503 , Aug. 27, 2003; 68 FR 63999 , Nov. 12, 2003; 72 FR 50027 , Aug. 29, 2007; 75 FR 45067 , Aug. 2, 2010; 79 FR 8317 , Feb. 12, 2014; 85 FR 43733 , July 20, 2020; 86 FR 49489 , Sept. 3, 2021] § 25.122 Applications for streamlined small space station authorization. Cross Reference Link to an amendment published at 85 FR 52452 , Aug. 25, 2020. Cross Reference Link to an amendment published at 89 FR 65217 , Aug. 9, 2024. ( a ) This section shall only apply to applicants for NGSO systems that are able to certify compliance with the certifications set forth in paragraph (c) of this section. For applicants seeking to be authorized under this section, a comprehensive proposal for Commission evaluation must be submitted for each space station in the proposed system on FCC Form 312, Main Form and Schedule S, as described in § 25.114(a) through (c) , together with the certifications described in paragraph (c) of this section and the narrative requirements described in paragraph (d) of this section. ( b ) Applications for NGSO systems may be filed under this section, provided that the total number of space stations requested in the application is ten or fewer. ( 1 ) To the extent that space stations in the satellite system will be technically identical, the applicant may submit an application for blanket-licensed space stations. ( 2 ) Where the space stations in the satellite system are not technically identical, the applicant must certify that each space station satisfies the criteria in paragraph (c) of this section, and submit technical information for each type of space station. ( c ) Applicants filing for authorization under the streamlined procedure described in this section must include with their applications certifications that the following criteria will be met for all space stations to be operated under the license: ( 1 ) The space station(s) will operate only in non-geostationary orbit; ( 2 ) The total in-orbit lifetime for any individual space station will be six years or less; ( 3 ) The space station(s): ( i ) Will be deployed at an orbital altitude of 600 km or below; or ( ii ) Will maintain a propulsion system and have the ability to make collision avoidance and deorbit maneuvers using propulsion; ( 4 ) Each space station will be identifiable by a unique signal-based telemetry marker distinguishing it from other space stations or space objects; ( 5 ) The space station(s) will release no operational debris; ( 6 ) The space station operator has assessed and limited the probability of accidental explosions, including those resulting from the conversion of energy sources on board the space station(s) into energy that fragments the spacecraft; ( 7 ) The probability of a collision between each space station and any other large object (10 centimeters or larger) during the orbital lifetime of the space station is 0.001 or less as calculated using current National Aeronautics and Space Administration (NASA) software or other higher fidelity model; ( 8 ) The space station(s) will be disposed of post-mission through atmospheric re-entry. The probability of human casualty from portions of the spacecraft surviving re-entry and reaching the surface of the Earth is zero as calculated using current NASA software or higher fidelity models; ( 9 ) Operation of the space station(s) will be compatible with existing operations in the authorized frequency band(s). Operations will not materially constrain future space station entrants from using the authorized frequency band(s); ( 10 ) The space station(s) can be commanded by command originating from the ground to immediately cease transmissions and the licensee will have the capability to eliminate harmful interference when required under the terms of the license or other applicable regulations; ( 11 ) Each space station is 10 cm or larger in its smallest dimension; and ( 12 ) Each space station will have a mass of 180 kg or less, including any propellant. ( d ) The following information in narrative form shall be contained in each application: ( 1 ) An overall description of system facilities, operations, and services and an explanation of how uplink frequency bands would be connected to downlink frequency bands; ( 2 ) Public interest considerations in support of grant; ( 3 ) A description of means by which requested spectrum could be shared with both current and future operators, ( e.g., how ephemeris data will be shared, antenna design, earth station geographic locations) thereby not materially constraining other operations in the requested frequency band(s); ( 4 ) For space stations with any means of maneuverability, including both active and passive means, a description of the design and operation of maneuverability and deorbit systems, and a description of the anticipated evolution over time of the orbit of the proposed satellite or satellites; and ( 5 ) In any instances where spacecraft capable of having crew aboard will be located at or below the deployment orbital altitude of the space station seeking a license, a description of the design and operational strategies that will be used to avoid in-orbit collision with such crewed spacecraft shall be furnished at time of application. This narrative requirement will not apply to space stations that will operate beyond Earth's orbit. ( 6 ) A list of the FCC file numbers or call signs for any known applications or Commission grants related to the proposed operations ( e.g., experimental license grants, other space station or earth station applications or grants). [ 85 FR 43734 , July 20, 2020] § 25.123 Applications for streamlined small spacecraft authorization. Cross Reference Link to an amendment published at 85 FR 52452 , Aug. 25, 2020. Cross Reference Link to an amendment published at 89 FR 65217 , Aug. 9, 2024. ( a ) This section shall only apply to applicants for space stations that will operate beyond Earth's orbit and that are able to certify compliance with the certifications set forth in paragraph (b) of this section. For applicants seeking to be authorized under this section, a comprehensive proposal for Commission evaluation must be submitted for each space station in the proposed system on FCC Form 312, Main Form and Schedule S, as described in § 25.114(a) through (c) , together with the certifications described in paragraph (b) of this section and the requirements described in paragraph (c) of this section. ( b ) Applicants filing for authorization under the streamlined procedure described in this section must include with their applications certifications that the following criteria will be met for all space stations to be operated under the license: ( 1 ) The space station(s) will operate and be disposed of beyond Earth's orbit; ( 2 ) The total lifetime from deployment to spacecraft end-of-life for any individual space station will be six years or less; ( 3 ) Each space station will be identifiable by a unique signal-based telemetry marker distinguishing it from other space stations or space objects; ( 4 ) The space station(s) will release no operational debris; ( 5 ) No debris will be generated in an accidental explosion resulting from the conversion of energy sources on board the space station(s) into energy that fragments the spacecraft; ( 6 ) The probability of a collision between each space station and any other large object (10 centimeters or larger) during the lifetime of the space station is 0.001 or less as calculated using current NASA software or higher fidelity models; ( 7 ) Operation of the space station(s) will be compatible with existing operations in the authorized frequency band(s). Operations will not materially constrain future space station entrants from using the authorized frequency band(s); ( 8 ) The space station(s) can be commanded by command originating from the ground to immediately cease transmissions and the licensee will have the capability to eliminate harmful interference when required under the terms of the license or other applicable regulations; ( 9 ) Each space station is 10 cm or larger in its smallest dimension; and ( 10 ) Each space station will have a mass of 500 kg or less, including any propellant. ( c ) Applicants must also provide the information specified in § 25.122(d) in narrative form. [ 85 FR 43734 , July 20, 2020] § 25.124 Unified space station and earth station authorization. ( a ) A single authorization may be issued for the operations of a GSO space station or NGSO space station(s) and the blanket-licensed earth stations that will operate within that satellite system, excluding GSO FSS and NGSO FSS satellite systems operating in bands below 10 GHz and bands subject to § 25.136 . The available frequency bands are: ( 1 ) Non-Voice, Non-Geostationary MSS: 137-138 MHz, 148-150.05 MHz, 399.9-400.05 MHz, and 400.15-401 MHz; ( 2 ) 1.5/1.6 GHz MSS: 1525-1559 MHz and 1626.5-1660.5 MHz; ( 3 ) 1.6/2.4 GHz MSS: 1610-1626.5 MHz and 2483.5-2500 MHz; ( 4 ) 2 GHz MSS: 2000-2020 MHz and 2180-2200 MHz; ( 5 ) GSO FSS: 10.7-12.2 GHz, 14-14.5 GHz, 18.3-18.8 GHz, 19.7-20.2 GHz, 28.35-28.6 GHz, 29.25-30 GHz, 40-42 GHz, and 48.2-50.2 GHz; ( 6 ) NGSO FSS: 10.7-12.7 GHz, 14-14.5 GHz, 17.8-18.6 GHz, 18.8-19.4 GHz, 19.6-20.2 GHz, 28.35-29.1 GHz, 29.5-30 GHz, 40-42 GHz, and 48.2-50.2 GHz; and ( 7 ) GSO and NGSO MSS: 19.7-20.2 GHz and 29.5-30 GHz. ( b ) An application for a satellite system license described in paragraph (a) must contain: ( 1 ) The information required by § 25.114 or, for a non-U.S.-licensed space station, § 25.137 ; ( 2 ) A certification that earth station operations under the satellite system license will comply with part 1, subpart I and part 17 of this chapter ; and ( 3 ) Any additional information required under this part, including under § 25.115 , for operation of the blanket-licensed earth stations that is not duplicative or unnecessary due to the information provided for the space station operation. [ 86 FR 11887 , Mar. 1, 2021] § 25.125 Applications for supplemental coverage from space (SCS). Cross Reference Link to an amendment published at 89 FR 34167 , Apr. 30, 2024. ( a ) SCS entry criteria. This section applies only to applicants seeking to provide SCS. An applicant for SCS space station authorization must hold either an existing NGSO or GSO license or grant of U.S. market access under this part, or must be seeking a NGSO or GSO license or grant of U.S. market access under this part, and must have a lease arrangement(s) or agreement pursuant to § 1.9047 of this chapter with one or more terrestrial wireless licensee(s) that hold, collectively or individually, all co-channel licenses throughout a GIA in a band identified in § 2.106(d)(33)(i) of this chapter . Applicants for SCS space stations must comply with the requirements set forth in paragraph (b) of this section. ( b ) SCS space station application requirements. An applicant seeking a space station authorization to provide SCS must either submit an application requesting modification of a current NGSO or GSO license or grant of U.S. market access under this part, or an application seeking a new NGSO or GSO license or grant of U.S. market access under this part. ( 1 ) - ( 2 ) [Reserved] ( 3 ) Applications to modify an authorization under this part to provide SCS and applications seeking to provide SCS in the bands identified in § 2.106(d)(33)(i) of this chapter will not be subject to the processing round procedures or first-come, first-served procedures in §§ 25.137 , 25.157 , and 25.158 . ( c ) [Reserved] ( d ) Effective date and continued operation of SCS authorization. SCS authorization will be deemed effective in the Commission's records and for purposes of the application of the rules set forth in this section after each of the following requirements is satisfied: ( 1 ) Grant of: ( i ) A modification application under this part or request for modification of a grant of market access; or ( ii ) An application to launch and operate or market access; ( 2 ) Approval of a leasing arrangement(s) or agreement(s) under part 1 of this chapter ( see § 1.9047 of this chapter ); and ( 3 ) Grant of a valid SCS earth station equipment certification under part 2 of this chapter . ( e ) SCS earth station equipment certification requirements. Applicants for certification for SCS earth stations for use with a satellite system must meet all requirements for equipment certification and equipment test data necessary to demonstrate compliance with pertinent standards under part 22 , 24 , or 27 of this chapter as applicable. [ 89 FR 34166 , Apr. 30, 2024] § 25.129 Equipment authorization for portable earth-station transceivers. ( a ) Except as expressly permitted by § 2.803 or § 2.1204 of this chapter , prior authorization must be obtained pursuant to the equipment certification procedure in part 2, subpart J of this chapter for importation, sale or lease in the United States, or offer, shipment, or distribution for sale or lease in the United States of portable earth-station transceivers subject to regulation under part 25. This requirement does not apply, however, to devices imported, sold, leased, or offered, shipped, or distributed for sale or lease before November 20, 2004. ( b ) For purposes of this section, an earth-station transceiver is portable if it is a “portable device” as defined in § 2.1093(b) of this chapter , i.e., if its radiating structure(s) would be within 20 centimeters of the operator's body when the transceiver is in operation. ( c ) In addition to the information required by § 2.1033(c) of this chapter , applicants for certification required by this section shall submit any additional equipment test data necessary to demonstrate compliance with pertinent standards for transmitter performance prescribed in §§ 25.138 , 25.202(f) , 25.204 , 25.209 , and 25.216 , must demonstrate compliance with the labeling requirement in § 25.285(b) , and shall ensure compliance with the Commission's radio frequency exposure requirements in §§ 1.1307(b) , 2.1091 , and 2.1093 of this chapter , as appropriate. An Environmental Assessment may be required if RF radiation from the proposed facilities would, in combination with radiation from other sources, cause RF power density or field strength in an accessible area to exceed the applicable limits specified in § 1.1310 of this chapter . Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. ( d ) Applicants for certification required by this section must submit evidence that the devices in question are designed for use with a satellite system that may lawfully provide service to users in the United States pursuant to an FCC license or order reserving spectrum. [ 69 FR 5709 , Feb. 6, 2004, as amended at 79 FR 8317 , Feb. 12, 2014; 81 FR 55330 , Aug. 18, 2016; 84 FR 53654 , Oct. 8, 2019; 85 FR 18150 , Apr. 1, 2020] Earth Stations §§ 25.130-25.131 [Reserved] § 25.132 Verification of earth station antenna performance. ( a ) ( 1 ) Except as provided in paragraph (a)(2) of this section, applications for transmitting earth stations in the FSS, including feeder-link stations, must include a certification that the applicant has reviewed the results of a series of radiation pattern tests performed by the antenna manufacturer on representative equipment in representative configurations, and the test results demonstrate that the equipment meets relevant off-axis gain standards in § 25.209 , measured in accordance with paragraph (b)(1) of this section. Applicants and licensees must be prepared to submit the radiation pattern measurements to the Commission on request. ( 2 ) Applicants that specify off-axis EIRP density pursuant to § 25.115(g)(1) are exempt from the certification requirement in paragraph (a)(1) of this section. ( b ) ( 1 ) For purposes of paragraph (a)(1) of this section and § 25.115(g)(1) , the following measurements on a production antenna performed on calibrated antenna range must be made at the top and bottom of each frequency band assigned for uplink transmission: ( i ) ( A ) Co-polarized gain in the azimuth plane must be measured across a range extending to 180° on each side of the main-lobe axis, and the measurements must be represented in two plots: one across the entire angular range of ±180° from the main-lobe axis and the other across ±10° from the main-lobe axis. ( B ) Co-polarized gain must be measured from 0° to 30° from beam peak in the elevation plane. ( ii ) Cross-polarization gain must be measured across a range of plus and minus 7° from beam peak in the azimuth and elevation planes. ( iii ) Main beam gain. ( iv ) For antennas with asymmetric apertures or beams, where the minor axis of the antenna beam (major axis of the antenna aperture) will not always be aligned parallel to the plane tangent to the GSO arc, the measurements in paragraphs (b)(1)(i) through (iii) of this section must be made over the angular ranges specified in paragraphs (b)(1)(i)(A) and (B) of this section in two orthogonal planes, with the antenna oriented at the maximum skew angle at which it will operate. ( 2 ) The relevant envelope specified in § 25.209 must be superimposed on each measured pattern. ( c ) The tests specified in paragraph (b) of this section are normally performed at the manufacturer's facility; but for those antennas that are very large and only assembled on-site, on-site measurements may be used for product qualification data. If on-site data is to be used for qualification, the test frequencies and number of patterns should follow, where possible, the recommendations in paragraph (b) of this section, and the test data is to be submitted in the same manner as described in paragraph (a) of this section. ( d ) For each new or modified transmitting antenna over 3 meters in diameter, the following on-site verification measurements must be completed at one frequency on an available transponder in each frequency band of interest and submitted to the Commission. ( 1 ) Co-polarized patterns in the elevation plane, plus and minus 7 degrees, in the transmit band. ( 2 ) Co-polarized patterns in the azimuth and elevation planes, plus and minus 7 degrees, in the receive band. ( 3 ) System cross-polarization discrimination on-axis. The FCC envelope specified in § 25.209 shall be superimposed on each pattern. The transmit patterns are to be measured with the aid of a co-operating earth station in coordination with the satellite system control center under the provisions of § 25.272 . ( e ) Certification that the tests required by paragraph (c) of this section have been satisfactorily performed shall be provided to the Commission in notification that construction of the facilities has been completed as required by § 25.133 . ( f ) Antennas less than 3 meters in diameter and antennas on simple (manual) drive mounts that are operated at a fixed site are exempt from the requirements of paragraphs (c) and (d) of this section provided that a detailed technical showing is made that confirms proper installation, pointing procedures, and polarization alignment and manufacturing quality control. These showing must also include a plan for periodic testing and field installation procedures and precautions. ( g ) Records of the results of the tests required by this section must be maintained at the antenna site or the earth station operator's control center and be available for inspection. [ 58 FR 13419 , Mar. 11, 1993, as amended at 69 FR 5710 , Feb. 6, 2004; 70 FR 32253 , June 2, 2005; 72 FR 50028 , Aug. 29, 2007; 74 FR 47102 , Sept. 15, 2009; 74 FR 57098 , Nov. 4, 2009; 78 FR 14926 , Mar. 8, 2013; 79 FR 8318 , Feb. 12, 2014; 81 FR 55330 , Aug. 18, 2016; 84 FR 53654 , Oct. 8, 2019] § 25.133 Period of construction; certification of commencement of operation. ( a ) An earth station, or network of blanket-licensed earth stations, must be brought into operation within the longest of the time periods below, unless the Commission determines otherwise: ( 1 ) For an earth station authorized to communicate with a GSO FSS space station in the 3600-4200 MHz band (space-to-Earth) operating outside of CONUS, or in the 5850-6725 MHz band (Earth-to-space), within one year from the date of the license grant; ( 2 ) For any other earth station or network of earth stations, within one year from the date of the license grant or six months after the bringing into operation of a GSO space station, or NGSO system under § 25.164(b)(1) , with which the earth station or earth station network was authorized to communicate when it was licensed, as notified under § 25.173(b) . ( b ) ( 1 ) Each initial license for a transmitting earth station or modified license authorizing operation of an additional transmitting antenna, except for blanket licenses, will also specify as a condition therein that upon completion of construction, the licensee must file with the Commission a certification containing the following information: ( i ) The name of the licensee; ( ii ) File number of the application; ( iii ) Call sign of the antenna; ( iv ) Date of the license; ( v ) A certification that the facility as authorized has been completed and that each antenna has been tested and found to perform within authorized gain patterns or off-axis EIRP density levels; and ( vi ) The date when the earth station became operational. ( vii ) A statement that the station will remain operational during the license period unless the license is submitted for cancellation. ( 2 ) For FSS earth stations authorized under a blanket license, the licensee must notify the Commission when the earth station network commences operation. The notification should include the information described in paragraphs (b)(1)(i) through (iv) of this section and a certification that each hub antenna, and a type of antenna used in remote stations in the network, has been tested and found to perform within authorized gain patterns or off-axis EIRP density levels. For any type of antenna whose performance was not certified when the network commenced operation, the licensee must submit the information and certification stated above for the antenna type when it is first deployed. ( c ) [Reserved] ( d ) Each receiving earth station licensed or registered pursuant to § 25.115(b) must be constructed and placed into service within 6 months after coordination has been completed. Each licensee or registrant must file with the Commission a certification that the facility is completed and operating as provided in paragraph (b) of this section, with the exception of certification of antenna patterns. [ 56 FR 24016 , May 28, 1991, as amended at 58 FR 68059 , Dec. 23, 1993; 59 FR 53327 , Oct. 21, 1994; 65 FR 59142 , Oct. 4, 2000; 70 FR 32254 , June 2, 2005; 78 FR 8421 , Feb. 6, 2013; 79 FR 8318 , Feb. 12, 2014; 81 FR 55330 , Aug. 18, 2016; 84 FR 53654 , Oct. 8, 2019; 86 FR 11887 , Mar. 1, 2021] § 25.134 [Reserved] § 25.135 Licensing provisions for earth station networks in the non-voice, non-geostationary Mobile-Satellite Service. ( a ) Each applicant for a blanket earth station license in the non-voice, non-geostationary mobile-satellite service shall demonstrate that transceiver operations will not cause unacceptable interference to other authorized users of the spectrum, based on existing system information publicly available at the Commission at the time of filing, and will comply with operational conditions placed upon the systems with which they are to operate in accordance with § 25.142(b) . This demonstration shall include a showing as to all the technical parameters, including duty cycle and power limits, under which the individual user transceivers will operate. ( b ) [Reserved] ( c ) Transceiver units in this service are authorized to communicate with and through U.S.-authorized space stations only. [ 58 FR 68059 , Dec. 23, 1993, as amended at 69 FR 5710 , Feb. 6, 2004; 79 FR 8319 , Feb. 12, 2014] § 25.136 Earth Stations in the 24.75-25.25 GHz, 27.5-28.35 GHz, 37.5-40 GHz, 47.2-48.2, GHz and 50.4-51.4 GHz bands. Cross Reference Link to an amendment published at 89 FR 58072 , July 17, 2024. ( a ) FSS is secondary to the Upper Microwave Flexible Use Service in the 27.5-28.35 GHz band. Notwithstanding that secondary status, an applicant for a license for a transmitting earth station in the 27.5-28.35 GHz band that meets one of the following criteria may be authorized to operate without providing interference protection to stations in the Upper Microwave Flexible Use Service: ( 1 ) The FSS licensee also holds the relevant Upper Microwave Flexible Use Service license(s) for the area in which the earth station generates a power flux density (PFD), at 10 meters above ground level, of greater than or equal to −77.6 dBm/m 2 /MHz; ( 2 ) The FSS earth station was authorized prior to July 14, 2016; or ( 3 ) The application for the FSS earth station was filed prior to July 14, 2016 and has been subsequently granted; or ( 4 ) The applicant demonstrates compliance with all of the following criteria in its application: ( i ) There are no more than two other authorized earth stations operating in the 27.5-28.35 GHz band within the county where the proposed earth station is located that meet the criteria contained in either paragraph (a)(1) , (2) , (3) , or (4) of this section. For purposes of this requirement, multiple earth stations that are collocated with or at a location contiguous to each other shall be considered as one earth station; ( ii ) The area in which the earth station generates a PFD, at 10 meters above ground level, of greater than or equal to −77.6 dBm/m2/MHz, together with the similar area of any other earth station authorized pursuant to paragraph (a) of this section, does not cover, in the aggregate, more than the amount of population of the UMFUS license area within which the earth station is located as noted in table 1 to this paragraph (a)(4)(ii) : Table 1 to Paragraph (a)(4)(ii) Population within UMFUS license area Maximum permitted aggregate population within −77.6 dBm/m 2 /MHz PFD contour of earth stations Greater than 450,000 0.1 percent of population in UMFUS license area. Between 6,000 and 450,000 450 people. Fewer than 6,000 7.5 percent of population in UMFUS license area. ( iii ) The area in which the earth station generates a PFD, at 10 meters above ground level, of greater than or equal to −77.6 dBm/m 2 /MHz does not contain any major event venue, urban mass transit route, passenger railroad, or cruise ship port. In addition, the area mentioned in paragraph (a)(4)(ii) of this section shall not cross any of the following types of roads, as defined in functional classification guidelines issued by the Federal Highway Administration pursuant to 23 CFR 470.105(b) : Interstate, Other Freeways and Expressways, or Other Principal Arterial. The Federal Highway Administration Office of Planning, Environment, and Realty Executive Geographic Information System (HEPGIS) map contains information on the classification of roads. For purposes of this rule, an urban area shall be an Adjusted Urban Area as defined in section 101(a)(37) of Title 21 of the United States Code. ( iv ) The applicant has successfully completed frequency coordination with the UMFUS licensees within the area in which the earth station generates a PFD, at 10 meters above ground level, of greater than or equal to −77.6 dBm/m 2 /MHz with respect to existing facilities constructed and in operation by the UMFUS licensee. In coordinating with UMFUS licensees, the applicant shall use the applicable processes contained in § 101.103(d) of this chapter . ( b ) Applications for earth stations in the 37.5-40 GHz band shall provide an exhibit describing the zone within which the earth station will require protection from transmissions of Upper Microwave Flexible Use Service licensees. For purposes of this rule, the protection zone shall consist of the area where UMFUS licensees may not locate facilities without the consent of the earth station licensee. The earth station applicant shall demonstrate in its application, using reasonable engineering methods, that the requested protection zone is necessary in order to protect its proposed earth station. ( c ) The protection zone (as defined in paragraph (b) of this section) shall comply with the following criteria. The applicant must demonstrate compliance with all of the following criteria in its application: ( 1 ) There are no more than two other authorized earth stations operating in the 37.5-40 GHz band within the county within which the proposed earth station is located that meet the criteria contained in paragraph (c) of this section, and there are no more than 14 other authorized earth stations operating in the 37.5-40 GHz band within the PEA within which the proposed earth station is located that meet the criteria contained in paragraph (c) of this section. For purposes of this requirement, multiple earth stations that are collocated with or at a location contiguous to each other shall be considered as one earth station; ( 2 ) The protection zone, together with the protection zone of other earth stations in the same PEA authorized pursuant to this, does not cover, in the aggregate, more than the amount of population of the PEA within which the earth station is located as noted in table 2 to this paragraph (c)(2) : Table 2 to Paragraph (c)(2) Population within Partial Economic Area (PEA) where earth station is located Maximum permitted aggregate population within protection zone of earth stations Greater than 2,250,000 0.1 percent of population in PEA. Between 60,000 and 2,250,000 2,250 people. Fewer than 60,000 3.75 percent of population in PEA. ( 3 ) The protection zone does not contain any major event venue, urban mass transit route, passenger railroad, or cruise ship port. In addition, the area mentioned in the preceding sentence shall not cross any of the following types of roads, as defined in functional classification guidelines issued by the Federal Highway Administration pursuant to 23 CFR 470.105(b) : Interstate, Other Freeways and Expressways, or Other Principal Arterial. The Federal Highway Administration Office of Planning, Environment, and Realty Executive Geographic Information System (HEPGIS) map contains information on the classification of roads. For purposes of this rule, an urban area shall be an Adjusted Urban Area as defined in section 101(a)(37) of Title 21 of the United States Code. ( 4 ) The applicant has successfully completed frequency coordination with the UMFUS licensees within the protection zone with respect to existing facilities constructed and in operation by the UMFUS licensee. In coordinating with UMFUS licensees, the applicant shall use the applicable processes contained in § 101.103(d) of this chapter . ( d ) Notwithstanding that FSS is co-primary with the Upper Microwave Flexible Use Service in the 47.2-48.2 GHz band, earth stations in the 47.2-48.2 GHz band shall be limited to individually licensed earth stations. An applicant for a license for a transmitting earth station in the 47.2-48.2 GHz band must meet one of the following criteria to be authorized to operate without providing any additional interference protection to stations in the Upper Microwave Flexible Use Service: ( 1 ) The FSS licensee also holds the relevant Upper Microwave Flexible Use Service license(s) for the area in which the earth station generates a PFD, at 10 meters above ground level, of greater than or equal to −77.6 dBm/m 2 /MHz; or ( 2 ) The earth station in the 47.2-48.2 GHz band was authorized prior to February 1, 2018; or ( 3 ) The application for the earth station in the 47.2-48.2 GHz band was filed prior to February 1, 2018; or ( 4 ) The applicant demonstrates compliance with all of the following criteria in its application: ( i ) There are no more than two other authorized earth stations operating in the 47.2-48.2 GHz band within the county where the proposed earth station is located that meet the criteria contained in paragraph (d)(1) , (2) , (3) , or (4) of this section, and there are no more than 14 other authorized earth stations operating in the 47.2-48.2 GHz band within the PEA where the proposed earth station is located that meet the criteria contained in paragraph (d)(1) , (2) , (3) , or (4) of this section. For purposes of this requirement, multiple earth stations that are collocated with or at a location contiguous to each other shall be considered as one earth station; ( ii ) The area in which the earth station generates a PFD, at 10 meters above ground level, of greater than or equal to −77.6 dBm/m 2 /MHz, together with the similar area of any other earth station authorized pursuant to paragraph (d) of this section, does not cover, in the aggregate, more than the amount of population of the PEA within which the earth station is located as noted in table 3 to this paragraph (d)(4)(ii) : Table 3 to Paragraph (d)(4)(ii) Population within Partial Economic Area (PEA) where earth station is located Maximum permitted aggregate population within −77.6 dBm/m 2 /MHz PFD contour of earth stations Greater than 2,250,000 0.1 percent of population in PEA. Between 60,000 and 2,250,000 2,250 people. Fewer than 60,000 3.75 percent of population in PEA. ( iii ) The area in which the earth station generates a PFD, at 10 meters above ground level, of greater than or equal to −77.6 dBm/m 2 /MHz does not contain any major event venue, any highway classified by the U.S. Department of Transportation under the categories Interstate, Other Freeways and Expressways, or Other Principal Arterial, or an urban mass transit route, passenger railroad, or cruise ship port; and ( iv ) The applicant has successfully completed frequency coordination with the UMFUS licensees within the area in which the earth station generates a PFD, at 10 meters above ground level, of greater than or equal to −77.6 dBm/m 2 /MHz with respect to existing facilities constructed and in operation by the UMFUS licensee. In coordinating with UMFUS licensees, the applicant shall use the applicable processes contained in § 101.103(d) of this chapter . ( e ) Notwithstanding that FSS is co-primary with the Upper Microwave Flexible Use Service in the 24.75-25.25 GHz and 50.4-51.4 GHz bands, earth stations in these bands shall be limited to individually licensed earth stations. An applicant for a license for a transmitting earth station in the 24.75-25.25 GHz or 50.4-51.4 GHz band must meet one of the following criteria to be authorized to operate without providing any additional interference protection to stations in the Upper Microwave Flexible Use Service: ( 1 ) The FSS licensee also holds the relevant Upper Microwave Flexible Use Service license(s) for the area in which the earth station generates a power flux density (PFD), at 10 meters above ground level, of greater than or equal to −77.6dBm/m 2 /MHz; ( 2 ) The earth station in the 24.75-25.25 GHz band was authorized prior to August 20, 2018; or the earth station in the 50.4-51.4 GHz band was authorized prior to June 12, 2019; or ( 3 ) The application for the earth station in the 24.75-25.25 GHz band was filed prior to August 20, 2018; or the application for the earth station in the 50.4-51.4 GHz band was filed prior to June 12, 2019; or ( 4 ) The applicant demonstrates compliance with all of the following criteria in its application: ( i ) There are no more than two other authorized earth stations operating in the same frequency band within the county where the proposed earth station is located that meet the criteria contained in either paragraph (e)(1) , (2) , (3) , or (4) of this section, and there are no more than 14 other authorized earth stations operating in the same frequency band within the Partial Economic Area where the proposed earth station is located that meet the criteria contained in paragraph (e)(1) , (2) , (3) , or (4) of this section. For purposes of the requirement in this paragraph (e)(4) , multiple earth stations that are collocated with or at a location contiguous to each other shall be considered as one earth station; ( ii ) The area in which the earth station generates a power flux density (PFD), at 10 meters above ground level, of greater than or equal to −77.6 dBm/m 2 /MHz, together with the similar area of any other earth station operating in the same frequency band authorized pursuant to paragraph (e) of this section, does not cover, in the aggregate, more than the amount of population of the county within which the earth station is located as noted in table 4 to this paragraph (e)(4)(ii) : Table 4 to Paragraph (e)(4)(ii) Population within the County where earth station is located Maximum permitted aggregate population within −77.6 dBm/m 2 /MHz PFD contour of earth stations Greater than 450,000 0.1 percent of population in county. Between 6,000 and 450,000 450 people. Fewer than 6,000 7.5 percent of population in county. ( iii ) The area in which the earth station generates a PFD, at 10 meters above ground level, of greater than or equal to −77.6 dBm/m2/MHz does not contain any major event venue, urban mass transit route, passenger railroad, or cruise ship port. In addition, the area mentioned in paragraph (e)(4)(ii) of this section shall not cross any of the following types of roads, as defined in functional classification guidelines issued by the Federal Highway Administration pursuant to 23 CFR 470.105(b) : Interstate, Other Freeways and Expressways, or Other Principal Arterial. The Federal Highway Administration Office of Planning, Environment, and Realty Executive Geographic Information System (HEPGIS) map contains information on the classification of roads. For purposes of this paragraph (e)(4) , an urban area shall be an Adjusted Urban Area as defined in section 101(a)(37) of Title 21 of the United States Code; and ( iv ) The applicant has successfully completed frequency coordination with the UMFUS licensees within the area in which the earth station generates a PFD, at 10 meters above ground level, of greater than or equal to −77.6 dBm/m2/MHz with respect to existing facilities constructed and in operation by the UMFUS licensee. In coordinating with UMFUS licensees, the applicant shall use the applicable processes contained in § 101.103(d) of this chapter . ( f ) If an earth station applicant or licensee in the 24.75-25.25 GHz, 27.5-28.35 GHz, 37.5-40 GHz, 47.2-48.2 GHz and/or 50.4-51.4 GHz bands enters into an agreement with an UMFUS licensee, their operations shall be governed by that agreement, except to the extent that the agreement is inconsistent with the Commission's rules or the Communications Act. ( g ) Any earth station authorizations issued pursuant to paragraph (a)(4) , (c) , (d)(4) , or (e)(4) of this section shall be conditioned upon operation being in compliance with the criteria contained in the applicable paragraph. ( h ) Re-coordination. An earth station licensed under this section that is brought into operation later than one year after the date of the license grant must be re-coordinated with UMFUS stations using the applicable processes in § 101.103(d) of this chapter . The earth station licensee must complete re-coordination within one year before its commencement of operation. The re-coordination should account for any demographic or geographic changes as well as changes to the earth station equipment or configuration. A re-coordination notice must be filed in ICFS before commencement of earth station operations. [ 81 FR 79937 , Nov. 14, 2016, as amended at 83 FR 63 , Jan. 2, 2018; 83 FR 34489 , July 20, 2018; 84 FR 20819 , May 13, 2019; 84 FR 47147 , Sept. 9, 2019; 86 FR 11887 , Mar. 1, 2021; 88 FR 21440 , Apr. 10, 2023] § 25.137 Requests for U.S. market access through non-U.S.-licensed space stations. ( a ) Earth station applicants requesting authority to communicate with a non-U.S.-licensed space station and entities filing a petition for declaratory ruling to access the United States market using a non-U.S.-licensed space station must attach an exhibit with their FCC Form 312 demonstrating that U.S.-licensed satellite systems have effective competitive opportunities to provide analogous services in: ( 1 ) The country in which the non-U.S. licensed space station is licensed; and ( 2 ) All countries in which communications with the U.S. earth station will originate or terminate. The applicant bears the burden of showing that there are no practical or legal constraints that limit or prevent access of the U.S. satellite system in the relevant foreign markets. The exhibit required by this paragraph must also include a statement of why grant of the application is in the public interest. This paragraph shall not apply with respect to requests for authority to operate using a non-U.S. licensed satellite that is licensed by or seeking a license from a country that is a member of the World Trade Organization for services covered under the World Trade Organization Basic Telecommunications Agreement. ( b ) Any request pursuant to paragraph (a) of this section must be filed electronically through the International Communications Filing System and must include an exhibit providing legal and technical information for the non-U.S.-licensed space station of the kind that § 25.114 , § 25.122 , § 25.123 , or § 25.125 would require in a license application for that space station, including but not limited to information required to complete Schedule S. An applicant may satisfy the requirement in this paragraph (b) by cross-referencing a pending application containing the requisite information or by citing a prior grant of authority to communicate via the space station in question in the same frequency bands to provide the same type of service. ( c ) A non-U.S.-licensed NGSO-like satellite system seeking to serve the United States can be considered contemporaneously with other U.S. NGSO-like satellite systems pursuant to § 25.157 and considered before later-filed applications of other U.S. satellite system operators, and a non-U.S.-licensed GSO-like satellite system seeking to serve the United States can have its request placed in a queue pursuant to § 25.158 and considered before later-filed applications of other U.S. satellite system operators, if the non-U.S.-licensed satellite system: ( 1 ) Is in orbit and operating; ( 2 ) Has a license from another administration; or ( 3 ) Has been submitted for coordination to the International Telecommunication Union. ( d ) Earth station applicants requesting authority to communicate with a non-U.S.-licensed space station and entities filing a petition for declaratory ruling to access the United States market must demonstrate that the non-U.S.-licensed space station has complied with all applicable Commission requirements for non-U.S.-licensed systems to operate in the United States, including but not limited to the following: ( 1 ) Milestones; ( 2 ) Reporting requirements; ( 3 ) Any other applicable service rules; ( 4 ) The surety bond requirement in § 25.165 , for non-U.S.-licensed space stations that are not in orbit and operating. ( 5 ) Entities that have one market access request on file with the Commission for NGSO-like satellite operations in a particular frequency band will not be permitted to request access to the U.S. market for another NGSO-like satellite system in that frequency band in the same processing round subject to the procedures of §§ 25.157 and 25.261 . ( e ) An entity requesting access to the United States market through a non-U.S.-licensed space station pursuant to a petition for declaratory ruling may amend its request by submitting an additional petition for declaratory ruling. Such additional petitions will be treated on the same basis as amendments filed by U.S. space station applicants for purposes of determining the order in which the petitions will be considered relative to pending applications and petitions. ( f ) A non-U.S.-licensed space station operator that has been granted access to the United States market pursuant to a declaratory ruling may modify its U.S. operations under the procedures set forth in §§ 25.117(d) , (h) , and (j) and 25.118(e) . ( g ) A non-U.S.-licensed satellite operator that acquires control of a non-U.S.-licensed space station that has been permitted to serve the United States must notify the Commission within 30 days after consummation of the transaction so that the Commission can afford interested parties an opportunity to comment on whether the transaction affected any of the considerations we made when we allowed the satellite operator to enter the U.S. market. A non-U.S.-licensed satellite that has been transferred to new owners may continue to provide service in the United States unless and until the Commission determines otherwise. If the transferee or assignee is not licensed by, or seeking a license from, a country that is a member of the World Trade Organization for services covered under the World Trade Organization Basic Telecommunications Agreement, the non-U.S.-licensed satellite operator will be required to make the showing described in paragraph (a) of this section. [ 62 FR 64172 , Dec. 4, 1997, as amended at 64 FR 61792 , Nov. 15, 1999; 65 FR 16327 , Mar. 28, 2000; 65 FR 59143 , Oct. 4, 2000; 68 FR 51503 , Aug. 27, 2003; 68 FR 62249 , Nov. 3, 2003; 69 FR 51587 , Aug. 20, 2004; 78 FR 8422 , Feb. 6, 2013; 81 FR 55331 , Aug. 18, 2016; 81 FR 75344 , Oct. 31, 2016; 85 FR 43735 , July 20, 2020; 88 FR 21440 , Apr. 10, 2023; 88 FR 84754 , Dec. 6, 2023; 89 FR 34167 , Apr. 30, 2024] § 25.138 Earth Stations in the 3.7-4.2 GHz band. ( a ) Applications for new, modified, or renewed earth station licenses and registrations in the 3.7-4.0 GHz portion of the band in CONUS are no longer accepted. ( b ) Applications for new earth station licenses or registrations within CONUS in the 4.0-4.2 GHz portion of the band will not be accepted until the transition is completed and upon announcement by the Space Bureau via Public Notice that applications may be filed. ( c ) Fixed and temporary fixed earth stations operating in the 3.7-4.0 GHz portion of the band within CONUS will be protected from interference by licensees in the 3.7 GHz Service subject to the deadlines set forth in § 27.1412 of this chapter and are eligible for transition into the 4.0-4.2 GHz band so long as they: ( 1 ) Were operational as of April 19, 2018 and continue to be operational; ( 2 ) Were licensed or registered (or had a pending application for license or registration) in the ICFS database on November 7, 2018; and ( 3 ) Timely certified the accuracy of the information on file with the Commission by May 28, 2019. ( d ) Fixed and temporary earth station licenses and registrations that meet the criteria in paragraph (c) of this section may be renewed or modified to maintain operations in the 4.0-4.2 GHz band. ( e ) Applications for new, modified, or renewed licenses and registrations for earth stations outside CONUS operating in the 3.7-4.2 GHz band will continue to be accepted. [ 85 FR 22864 , Apr. 23, 2020, as amended at 88 FR 21440 , Apr. 10, 2023] § 25.139 NGSO FSS coordination and information sharing between MVDDS licensees in the 12.2 GHz to 12.7 GHz band. ( a ) NGSO FSS licensees shall maintain a subscriber database in a format that can be readily shared with MVDDS licensees for the purpose of determining compliance with the MVDDS transmitting antenna spacing requirement relating to qualifying existing NGSO FSS subscriber receivers set forth in § 101.129 of this chapter . This information shall not be used for purposes other than set forth in § 101.129 of this chapter . Only sufficient information to determine compliance with § 101.129 of this chapter is required. ( b ) Within ten business days of receiving notification of the location of a proposed MVDDS transmitting antenna, the NGSO FSS licensee shall provide sufficient information from the database to enable the MVDDS licensee to determine whether the proposed MVDDS transmitting site meets the minimum spacing requirement. ( c ) If the location of the proposed MVDDS transmitting antenna site does not meet the separation requirements of § 101.129 of this chapter , then the NGSO FSS licensee shall also indicate to the MVDDS licensee within the same ten day period specified in paragraph (b) of this section whether the proposed MVDDS transmitting site is acceptable at the proposed location. ( d ) Nothing in this section shall preclude NGSO FSS and MVDDS licensees from entering into an agreement to accept MVDDS transmitting antenna locations that are shorter-spaced from existing NGSO FSS subscriber receivers than the distance set forth in § 101.129 of this chapter . [ 67 FR 43037 , June 26, 2002, as amended at 68 FR 43945 , July 25, 2003] Space Stations § 25.140 Further requirements for license applications for GSO space station operation in the FSS and the 17/24 GHz BSS. Cross Reference Link to an amendment published at 86 FR 49489 , Sept. 3, 2021. Cross Reference Link to an amendment published at 87 FR 72404 , Nov. 25, 2022. Cross Reference Link to an amendment published at 89 FR 58072 , July 17, 2024. Cross Reference Link to a correction published at 89 FR 58074 , July 17, 2024. ( a ) ( 1 ) In addition to the information required by § 25.114 , an applicant for GSO FSS space station operation involving transmission of analog video signals must certify that the proposed analog video operation has been coordinated with operators of authorized co-frequency space stations within six degrees of the requested orbital location. ( 2 ) In addition to the information required by § 25.114 , an applicant for GSO FSS space station operation, including applicants proposing feeder links for space stations operating in the 17/24 GHz BSS, that will be located at an orbital location less than two degrees from the assigned location of an authorized co-frequency GSO space station, must either certify that the proposed operation has been coordinated with the operator of the co-frequency space station or submit an interference analysis demonstrating the compatibility of the proposed system with the co-frequency space station. Such an analysis must include, for each type of radio frequency carrier, the link noise budget, modulation parameters, and overall link performance analysis. (See Appendices B and C to Licensing of Space Stations in the Domestic Fixed-Satellite Service, FCC 83-184, and the following public notices, copies of which are available in the Commission's EDOCS database, available at https://www.fcc.gov/edocs: DA 03-3863 and DA 04-1708.) The provisions in this paragraph do not apply to proposed analog video operation, which is subject to the requirement in paragraph (a)(1) of this section. ( 3 ) In addition to the information required by § 25.114 , an applicant for a GSO FSS space station, including applicants proposing feeder links for space stations operating in the 17/24 GHz BSS, must provide the following for operation other than analog video operation: ( i ) With respect to proposed operation in the conventional or extended C-bands, a certification that downlink EIRP density will not exceed 3 dBW/4kHz for digital transmissions or 8 dBW/4kHz for analog transmissions and that associated uplink operation will not exceed applicable EIRP density envelopes in § 25.218 unless the non-routine uplink and/or downlink operation is coordinated with operators of authorized co-frequency space stations at assigned locations within six degrees of the orbital location of the proposed space station and except as provided in paragraph (d) of this section. ( ii ) With respect to proposed operation in the conventional or extended Ku-bands, a certification that downlink EIRP density will not exceed 14 dBW/4kHz for digital transmissions or 17 dBW/4kHz for analog transmissions and that associated uplink operation will not exceed applicable EIRP density envelopes in § 25.218 unless the non-routine uplink and/or downlink operation is coordinated with operators of authorized co-frequency space stations at assigned locations within six degrees of the orbital location of the proposed space station and except as provided in paragraph (d) of this section. ( iii ) With respect to proposed operation in the conventional Ka-band, a certification that the proposed space station will not generate power flux-density at the Earth's surface in excess of −118 dBW/m 2 /MHz and that associated uplink operation will not exceed applicable EIRP density envelopes in § 25.218(i) unless the non-routine uplink and/or downlink operation is coordinated with operators of authorized co-frequency space stations at assigned locations within six degrees of the orbital location and except as provided in paragraph (d) of this section. ( iv ) With respect to proposed operation in the 24.75-25.25 GHz band (Earth-to-space), a certification that the proposed uplink operation will not exceed the applicable EIRP density envelopes in § 25.138(a) and that the associated space station will not generate a power flux density at the Earth's surface in excess of the applicable limits in this part, unless the non-routine uplink and/or downlink FSS operation is coordinated with operators of authorized co-frequency space stations at assigned locations within six degrees of the orbital location and except as provided in paragraph (d) of this section. ( v ) With respect to proposed operation in the 4500-4800 MHz (space-to-Earth), 6725-7025 MHz (Earth-to-space), 10.70-10.95 GHz (space-to-Earth), 11.20-11.45 GHz (space-to-Earth), and/or 12.75-13.25 GHz (Earth-to-space) bands, a statement that the proposed operation will take into account the applicable requirements of Appendix 30B of the ITU Radio Regulations (incorporated by reference, see § 25.108 ) and a demonstration that it is compatible with other U.S. ITU filings under Appendix 30B. ( vi ) With respect to proposed operation in other FSS bands, an interference analysis demonstrating compatibility with any previously authorized co-frequency space station at a location two degrees away or a certification that the proposed operation has been coordinated with the operator(s) of the previously authorized space station(s). If there is no previously authorized space station at a location two degrees away, the applicant must submit an interference analysis demonstrating compatibility with a hypothetical co-frequency space station two degrees away with the same receiving and transmitting characteristics as the proposed space station. ( b ) Each applicant for a license to operate a space station transmitting in the 17.3-17.8 GHz band must provide the following information, in addition to that required by § 25.114 : ( 1 ) - ( 2 ) [Reserved] ( 3 ) An applicant for a license to operate a space station transmitting in the 17.3-17.8 GHz band must certify that the downlink power flux density on the Earth's surface will not exceed the values specified in § 25.208(c) and/or (w), or must provide the certification specified in § 25.114(d)(15)(ii) . ( 4 ) An applicant for a license to operate a space station transmitting in the 17.3-17.8 GHz band to be located less than four degrees from a previously licensed or proposed space station transmitting in the 17.3-17.8 GHz band, must either certify that the proposed operation has been coordinated with the operator of the co-frequency space station or provide an interference analysis of the kind described in paragraph (a) of this section, except that the applicant must demonstrate that its proposed network will not cause more interference to the adjacent space station transmitting in the 17.3-17.8 GHz band operating in compliance with the technical requirements of this part, than if the applicant were locate at an orbital separation of four degrees from the previously licensed or proposed space station. ( 5 ) In addition to the requirements of paragraphs (b)(3) and (4) of this section, the link budget for any satellite in the 17.3-17.8 GHz band (space-to-Earth) must take into account longitudinal stationkeeping tolerances. Any applicant for a space station transmitting in the 17.3-17.8 GHz band that has reached a coordination agreement with an operator of another space station to allow that operator to exceed the pfd levels specified in § 25.208(c) or § 25.208(w) , must use those higher pfd levels for the purpose of this showing. ( c ) [Reserved] ( d ) An operator of a GSO FSS space station in the conventional or extended C-bands, conventional or extended Ku-bands, 24.75-25.25 GHz band (Earth-to-space), or conventional Ka-band may notify the Commission of its non-routine transmission levels and be relieved of the obligation to coordinate such levels with later applicants and petitioners. ( 1 ) The letter notification must include the downlink off-axis EIRP density levels or power flux density levels and/or uplink off-axis EIRP density levels, specified per frequency range and space station antenna beam, that exceed the relevant routine limits set forth in paragraphs (a)(3)(i) through (iii) of this section and § 25.218 . ( 2 ) The notification will be placed on public notice pursuant to § 25.151(a)(11) . ( 3 ) Non-routine transmissions notified pursuant to this paragraph (d) need not be coordinated with operators of authorized co-frequency space stations that filed their complete applications or petitions after the date of filing of the notification with the Commission. Such later applicants and petitioners must accept any additional interference caused by the notified non-routine transmissions. ( 4 ) An operator of a replacement space station, as defined in § 25.165(e) , may operate with non-routine transmission levels to the extent permitted under paragraph (d)(3) of this section for the replaced space station. ( e ) - ( g ) [Reserved] [ 62 FR 5929 , Feb. 10, 1997, as amended at 68 FR 51504 , Aug. 27, 2003; 72 FR 50028 , Aug. 29, 2007; 72 FR 60279 , Oct. 24, 2007; 78 FR 8422 , Feb. 6, 2013; 79 FR 8319 , Feb. 12, 2014; 79 FR 44312 , July 31, 2014; 81 FR 55332 , Aug. 18, 2016; 83 FR 34490 , July 20, 2018; 84 FR 53654 , Oct. 8, 2019] § 25.142 Licensing provisions for the non-voice, non-geostationary Mobile-Satellite Service. ( a ) Space station application requirements. ( 1 ) Each application for a space station system authorization in the non-voice, non-geostationary mobile-satellite service shall describe in detail the proposed non-voice, non-geostationary mobile-satellite system, setting forth all pertinent technical and operational aspects of the system, and the technical and legal qualifications of the applicant. In particular, each application shall include the information specified in § 25.114 . Applicants must also file information demonstrating compliance with all requirements of this section, and showing, based on existing system information publicly available at the Commission at the time of filing, that they will not cause unacceptable interference to any non-voice, non-geostationary mobile-satellite service system authorized to construct or operate. ( 2 ) Applicants for a non-voice, non-geostationary Mobile-Satellite Service space station license must identify the power flux density produced at the Earth's surface by each space station of their system in the 137-138 MHz and 400.15-401 MHz bands, to allow determination of whether coordination with terrestrial services is required under any applicable footnote to the Table of Frequency Allocations in § 2.106 of this chapter . In addition, applicants must identify the measures they would employ to protect the radio astronomy service in the 150.05-153 MHz and 406.1-410 MHz bands from harmful interference from unwanted emissions. ( 3 ) Emission limitations. ( i ) Applicants in the non-voice, non-geostationary mobile-satellite service shall show that their space stations will not exceed the emission limitations of § 25.202(f) (1) , (2) and (3) , as calculated for a fixed point on the Earth's surface in the plane of the space station's orbit, considering the worst-case frequency tolerance of all frequency determining components, and maximum positive and negative Doppler shift of both the uplink and downlink signals, taking into account the system design. ( ii ) Applicants in the non-voice, non-geostationary mobile-satellite service shall show that no signal received by their satellites from sources outside of their system shall be retransmitted with a power flux density level, in the worst 4 kHz, higher than the level described by the applicants in paragraph (a)(2) of this section. ( 4 ) [Reserved] ( b ) Operating conditions. In order to ensure compatible operations with authorized users in the frequency bands to be utilized for operations in the non-voice, non-geostationary mobile-satellite service, non-voice, non-geostationary mobile-satellite service systems must operate in accordance with the conditions specified in this section. ( 1 ) Service limitation. Voice services may not be provided. ( 2 ) Coordination requirements with Federal government users. ( i ) The frequency bands allocated for use by the non-voice, non-geostationary mobile-satellite service are also authorized for use by agencies of the Federal government. The Federal use of frequencies in the non-voice, non-geostationary mobile-satellite service frequency bands is under the regulatory jurisdiction of the National Telecommunications and Information Administration (NTIA). ( ii ) The Commission will use its existing procedures for liaison with NTIA to reach agreement with respect to achieving compatible operations between Federal Government users under the jurisdiction of NTIA and non-voice, non-geostationary Mobile-Satellite Service systems (including user transceivers subject to blanket licensing under § 25.115(d) ) through the frequency assignment and coordination practices established by NTIA and the Interdepartment Radio Advisory Committee (IRAC). In order to facilitate such frequency assignment and coordination, applicants shall provide the Commission with sufficient information to evaluate electromagnetic compatibility with the Federal government use of the spectrum, and any additional information requested by the Commission. As part of the coordination process, applicants shall show that they will not cause unacceptable interference to authorized Federal government users, based upon existing system information provided by the Government. The frequency assignment and coordination of the satellite system with Federal Government users shall be completed prior to grant of authorization. ( iii ) The Commission shall also coordinate with NTIA/IRAC with regard to the frequencies to be shared by those earth stations of non-voice, non-geostationary mobile-satellite service systems that are not subject to blanket licensing under § 25.115(d) , and authorized Federal government stations in the fixed and mobile services, through the exchange of appropriate systems information. ( 3 ) Coordination among non-voice, non-geostationary mobile-satellite service systems. Applicants for authority to establish non-voice, non-geostationary mobile-satellite service systems are encouraged to coordinate their proposed frequency usage with existing permittees and licensees in the non-voice, non-geostationary mobile-satellite service whose facilities could be affected by the new proposal in terms of frequency interference or restricted system capacity. All affected applicants, permittees, and licensees shall, at the direction of the Commission, cooperate fully and make every reasonable effort to resolve technical problems and conflicts that may inhibit effective and efficient use of the radio spectrum; however, the permittee or licensee being coordinated with is not obligated to suggest changes or re-engineer an applicant's proposal in cases involving conflicts. ( 4 ) Safety and distress communications. Stations operating in the non-voice, non-geostationary mobile-satellite service that are used to comply with any statutory or regulatory equipment carriage requirements may also be subject to the provisions of sections 321(b) and 359 of the Communications Act of 1934, as amended. Licensees are advised that these provisions give priority to radio communications or signals relating to ships in distress and prohibit a charge for the transmission of maritime distress calls and related traffic. ( c ) [Reserved] [ 58 FR 68060 , Dec. 23, 1993, as amended at 62 FR 5930 , Feb. 10, 1997; 62 FR 59295 , Nov. 3, 1997; 68 FR 51504 , Aug. 27, 2003; 78 FR 8422 , Feb. 6, 2013; 79 FR 8320 , Feb. 12, 2014; 81 FR 55333 , Aug. 18, 2016; 82 FR 59985 , Dec. 18, 2017] § 25.143 Licensing provisions for the 1.6/2.4 GHz Mobile-Satellite Service and 2 GHz Mobile-Satellite Service. ( a ) Authority to launch and operate a constellation of NGSO satellites will be granted in a single blanket license for operation of a specified number of space stations in specified orbital planes. An individual license will be issued for each GSO satellite, whether it is to be operated in a GSO-only system or in a GSO/NGSO hybrid system. ( b ) Qualification Requirements — ( 1 ) General Requirements. Each application for a space station system authorization in the 1.6/2.4 GHz Mobile-Satellite Service or 2 GHz Mobile-Satellite Service must include the information specified in § 25.114 . Applications for non-U.S.-licensed systems must comply with the provisions of § 25.137 . ( 2 ) Technical qualifications. In addition to providing the information specified in paragraph (b)(1) of this section, each applicant and petitioner must demonstrate the following: ( i ) That a proposed system in the 1.6/2.4 GHz MSS frequency bands employs a non-geostationary constellation or constellations of satellites; ( ii ) That a system proposed to operate using non-geostationary satellites be capable of providing Mobile-Satellite Service to all locations as far north as 70° North latitude and as far south as 55° South latitude for at least 75% of every 24-hour period, i.e., that at least one satellite will be visible above the horizon at an elevation angle of at least 5° for at least 18 hours each day within the described geographic area; ( iii ) That a system proposed to operate using non-geostationary satellites be capable of providing Mobile-Satellite Service on a continuous basis throughout the fifty states, Puerto Rico and the U.S. Virgin Islands, i.e., that at least one satellite will be visible above the horizon at an elevation angle of at least 5° at all times within the described geographic areas; and ( iv ) That a system only using geostationary orbit satellites, at a minimum, be capable of providing Mobile-Satellite Service on a continuous basis throughout the 50 states, Puerto Rico, and the U.S. Virgin Islands, if technically feasible. ( v ) That operations will not cause unacceptable interference to other authorized users of the spectrum. In particular, each application in the 1.6/2.4 GHz frequency bands shall demonstrate that the space station(s) comply with the requirements specified in § 25.213 . ( c ) Safety and distress communications. ( 1 ) Stations operating in the 1.6/2.4 GHz Mobile-Satellite Service and 2 GHz Mobile-Satellite Service that are voluntarily installed on a U.S. ship or are used to comply with any statute or regulatory equipment carriage requirements may also be subject to the requirements of sections 321(b) and 359 of the Communications Act of 1934. Licensees are advised that these provisions give priority to radio communications or signals relating to ships in distress and prohibits a charge for the transmission of maritime distress calls and related traffic. ( 2 ) Licensees offering distress and safety services should coordinate with the appropriate search and rescue organizations responsible for the licensees service area. [ 59 FR 53328 , Oct. 21, 1994, as amended at 61 FR 9945 , Mar. 12, 1996; 62 FR 5930 , Feb. 10, 1997; 65 FR 59143 , Oct. 4, 2000; 68 FR 33649 , June 5, 2003; 68 FR 47858 , Aug. 12, 2003; 68 FR 51504 , Aug. 27, 2003; 70 FR 59277 , Oct. 12, 2005; 78 FR 8267 , Feb. 5, 2013; 78 FR 8422 , Feb. 6, 2013; 79 FR 8320 , Feb. 12, 2014; 81 FR 55333 , Aug. 18, 2016; 82 FR 59985 , Dec. 18, 2017] § 25.144 Licensing provisions for the 2.3 GHz satellite digital audio radio service. ( a ) Qualification Requirements: ( 1 ) [Reserved] ( 2 ) General Requirements: Each application for a system authorization in the satellite digital audio radio service in the 2310-2360 MHz band shall describe in detail the proposed satellite digital audio radio system, setting forth all pertinent technical and operational aspects of the system, and the technical, legal, and financial qualifications of the applicant. In particular, applicants must file information demonstrating compliance with § 25.114 and all of the requirements of this section. ( 3 ) Technical Qualifications: In addition to the information specified in paragraph (a)(1) of this section, each applicant shall: ( i ) Demonstrate that its system will, at a minimum, service the 48 contiguous states of the United States (full CONUS); ( ii ) Certify that its satellite DARS system includes a receiver that will permit end users to access all licensed satellite DARS systems that are operational or under construction; and ( b ) Milestone requirements. Each applicant for system authorization in the satellite digital audio radio service must demonstrate within 10 days after a required implementation milestone as specified in the system authorization, and on the basis of the documentation contained in its application, certify to the Commission by affidavit that the milestone has been met or notify the Commission by letter that it has not been met. At its discretion, the Commission may require the submission of additional information (supported by affidavit of a person or persons with knowledge thereof) to demonstrate that the milestone has been met. The satellite DARS milestones are as follows, based on the date of authorization: ( 1 ) One year: Complete contracting for construction of first space station or begin space station construction; ( 2 ) Two years: If applied for, complete contracting for construction of second space station or begin second space station construction; ( 3 ) Four years: In orbit operation of at least one space station; and ( 4 ) Six years: Full operation of the satellite system. ( c ) [Reserved] ( d ) The license term for each digital audio radio service satellite and any associated terrestrial repeaters is specified in § 25.121 . ( e ) SDARS Terrestrial Repeaters. ( 1 ) Only entities holding or controlling SDARS space station licenses may construct and operate SDARS terrestrial repeaters and such construction and operation is permitted only in conjunction with at least one SDARS space station that is concurrently authorized and transmitting directly to subscribers. ( 2 ) SDARS terrestrial repeaters will be eligible for blanket licensing only under the following circumstances: ( i ) The SDARS terrestrial repeaters will comply with all applicable power limits set forth in § 25.214(d)(1) of this chapter and all applicable out-of-band emission limits set forth in § 25.202(h)(1) and (h)(2) . ( ii ) The SDARS terrestrial repeaters will meet all applicable requirements in part 1, subpart I, and part 17 of this chapter . Operators of SDARS terrestrial repeaters must maintain demonstrations of compliance with part 1, subpart I, of this chapter and make such demonstrations available to the Commission upon request within three business days. ( iii ) The SDARS terrestrial repeaters will comply with all requirements of all applicable international agreements. ( 3 ) After May 20, 2010, SDARS licensees shall, before deploying any new, or modifying any existing, terrestrial repeater, notify potentially affected WCS licensees pursuant to the procedure set forth in § 25.263 . ( 4 ) SDARS terrestrial repeaters are restricted to the simultaneous retransmission of the complete programming, and only that programming, transmitted by the SDARS licensee's satellite(s) directly to the SDARS licensee's subscribers' receivers, and may not be used to distribute any information not also transmitted to all subscribers' receivers. ( 5 ) Operators of SDARS terrestrial repeaters are prohibited from using those repeaters to retransmit different transmissions from a satellite to different regions within that satellite's coverage area. ( 6 ) Operators of SDARS terrestrial repeaters are required to comply with all applicable provisions of part 1, subpart I, and part 17 of this chapter . ( 7 ) ( i ) Each SDARS terrestrial repeater transmitter utilized for operation under this paragraph must be of a type that has been authorized by the Commission under its certification procedure. ( ii ) In addition to the procedures set forth in subpart J of part 2 of this chapter , power measurements for SDARS repeater transmitters may be made in accordance with a Commission-approved average power technique. Peak-to-average power ratio (PAPR) measurements for SDARS repeater transmitters should be made using either an instrument with complementary cumulative distribution function (CCDF) capabilities to determine that the PAPR will not exceed 13 dB for more than 0.1 percent of the time or another Commission approved procedure. The measurement must be performed using a signal corresponding to the highest PAPR expected during periods of continuous transmission. ( iii ) Any manufacturer of radio transmitting equipment to be used in these services may request equipment authorization following the procedures set forth in subpart J of part 2 of this chapter . Equipment authorization for an individual transmitter may be requested by an applicant for a station authorization by following the procedures set forth in part 2 of this chapter . ( 8 ) Applications for blanket authority to operate terrestrial repeaters must be filed using Form 312, except that Schedule B to Form 312 need not be filed. Such applications must also include the following information as an attachment: ( i ) The space station(s) with which the terrestrial repeaters will communicate, the frequencies and emission designators of such communications, and the frequencies and emission designators used by the repeaters to re-transmit the received signals. ( ii ) The maximum number of terrestrial repeaters that will be deployed under the authorization at 1) power levels equal to or less than 2-watt average EIRP, and 2) power levels greater than 2-watt average EIRP (up to 12-kW average EIRP). ( iii ) A certification of compliance with the requirements of § 25.144(e)(1) through (7) . ( 9 ) SDARS terrestrial repeaters that are ineligible for blanket licensing must be authorized on a site-by-site basis. Applications for site-by-site authorization must be filed using Form 312, except that Schedule B need not be provided. Such applications must also include the following information, as an attachment: ( i ) The technical information for each repeater required to be shared with potentially affected WCS licensees as part of the notification requirement set forth in § 25.263(c)(2) . ( ii ) The space station(s) with which the terrestrial repeaters will communicate, the frequencies and emission designators of such communications, and the frequencies and emission designators used by the repeaters to re-transmit the received signals. [ 62 FR 11105 , Mar. 11, 1997, as amended at 68 FR 51504 , Aug. 27, 2003; 70 FR 32254 , June 2, 2005; 75 FR 45067 , Aug. 2, 2010; 79 FR 8320 , Feb. 12, 2014] § 25.146 Licensing and operating provisions for NGSO FSS space stations. ( a ) An NGSO FSS applicant proposing to operate in the 10.7-30 GHz frequency range must certify that it will comply with: ( 1 ) Any applicable power flux-density levels in Article 21, Section V, Table 21-4 of the ITU Radio Regulations (incorporated by reference, § 25.108 ), except that in the 19.3-19.4 GHz and 19.6-19.7 GHz bands applicants must certify that they will comply with the ITU PFD limits governing NGSO FSS systems in the 17.7-19.3 GHz band; and ( 2 ) Any applicable equivalent power flux-density levels in Article 22, Section II, and Resolution 76 of the ITU Radio Regulations (both incorporated by reference, § 25.108 ). ( b ) [Reserved] ( c ) Prior to the initiation of service, an NGSO FSS operator licensed or holding a market access authorization to operate in the 10.7-30 GHz frequency range must receive a “favorable” or “qualified favorable” finding by the ITU Radiocommunication Bureau, in accordance with Resolution 85 of the ITU Radio Regulations (incorporated by reference, § 25.108 ), regarding its compliance with applicable ITU EPFD limits. In addition, a market access holder in these bands must: ( 1 ) Communicate the ITU finding to the Commission; and ( 2 ) Submit the input data files used for the ITU validation software. ( d ) Coordination will be required between NGSO FSS systems and GSO FSS earth stations in the 10.7-12.75 GHz band when: ( 1 ) The GSO satellite network has receive earth stations with earth station antenna maximum isotropic gain greater than or equal to 64 dBi; G/T of 44 dB/K or higher; and emission bandwidth of 250 MHz; and ( 2 ) The EPFD down radiated by the NGSO satellite system into the GSO specific receive earth station, either within the U.S. for domestic service or any points outside the U.S. for international service, as calculated using the ITU software for examining compliance with EPFD limits exceeds—174.5 dB(W/(m 2 /40kHz)) for any percentage of time for NGSO systems with all satellites only operating at or below 2500 km altitude, or—202 dB(W/(m 2 /40kHz)) for any percentage of time for NGSO systems with any satellites operating above 2500 km altitude. ( e ) An NGSO FSS licensee or market access recipient must ensure that ephemeris data for its constellation is available to all operators of authorized, in-orbit, co-frequency satellite systems in a manner that is mutually acceptable. [ 82 FR 59985 , Dec. 18, 2017, as amended at 86 FR 11644 , Feb. 26, 2021] § 25.147 Space Stations in the 3.7-4.2 GHz band. The 3.7-4.0 GHz portion of the band is being transitioned in CONUS from FSS GSO (space-to-Earth) to the 3.7 GHz Service. ( a ) New applications for space station licenses and petitions for market access concerning space-to-Earth operations in the 3.7-4.0 GHz portion of the band within CONUS will no longer be accepted. ( b ) Applications for new or modified space station licenses or petitions for market access in the 4.0-4.2 GHz portion of the band within CONUS will not be accepted during the transition except by existing operators in the band to implement an efficient transition. ( c ) Applications for new or modified space station licenses or petitions for market access for space-to-Earth operations in the 3.7-4.2 GHz band outside CONUS will continue to be accepted. [ 85 FR 22864 , Apr. 23, 2020] § 25.148 Licensing provisions for the Direct Broadcast Satellite Service. ( a ) License terms. License terms for DBS facilities are specified in § 25.121(a) . ( b ) [Reserved] ( c ) Geographic service requirements. Those entities acquiring DBS authorizations after January 19, 1996, or who after January 19, 1996 modify a previous DBS authorization to launch a replacement satellite, must provide DBS service to Alaska and Hawaii where such service is technically feasible from the authorized orbital location. This requirement does not apply to DBS satellites authorized to operate at the 61.5° W.L. orbital location. DBS applicants seeking to operate from locations other than 61.5° W.L. who do not provide service to Alaska and Hawaii, must provide technical analyses to the Commission demonstrating that such service is not feasible as a technical matter, or that while technically feasible such services would require so many compromises in satellite design and operation as to make it economically unreasonable. ( d ) - ( e ) [Reserved] ( f ) Technical qualifications. DBS operations must be in accordance with the sharing criteria and technical characteristics contained in Appendices 30 and 30A of the ITU's Radio Regulations. Operation of systems using differing technical characteristics may be permitted, with adequate technical showing, and if a request has been made to the ITU to modify the appropriate Plans to include the system's technical parameters. [ 67 FR 51113 , Aug. 7, 2002, as amended at 86 FR 49489 , Sept. 3, 2021] § 25.149 Application requirements for ancillary terrestrial components in Mobile-Satellite Service networks operating in the 1.5./1.6 GHz and 1.6/2.4 GHz Mobile-Satellite Service. ( a ) Applicants for ancillary terrestrial component authority shall demonstrate that the applicant does or will comply with the following through certification or explanatory technical exhibit, as appropriate: ( 1 ) ATC shall be deployed in the forward-band mode of operation whereby the ATC mobile terminals transmit in the MSS uplink bands and the ATC base stations transmit in the MSS downlink bands in portions of the 1626.5-1660.5 MHz/1525-1559 MHz bands (L-band) and the 1610-1626.5 MHz/2483.5-2500 MHz bands. Note to paragraph ( a )(1): An L-band MSS licensee is permitted to apply for ATC authorization based on a non-forward-band mode of operation provided it is able to demonstrate that the use of a non-forward-band mode of operation would produce no greater potential interference than that produced as a result of implementing the rules of this section. A 1.6/2.4 GHz band licensee is permitted to apply for ATC authorization on a non-forward-band mode of operation where the equipment deployed will meet the requirements of paragraph (c)(4) of this section. ( 2 ) ATC operations shall be limited to certain frequencies: ( i ) [Reserved] ( ii ) In the 1626.5-1660.5 MHz/1525-1559 MHz bands (L-band), ATC operations are limited to the frequency assignments authorized and internationally coordinated for the MSS system of the MSS licensee that seeks ATC authority. ( iii ) In the 1610-1626.5 MHz/2483.5-2500 MHz bands, ATC operations are limited to the 1610-1617.775 MHz, 1621.35-1626.5 MHz, and 2483.5-2495 MHz bands and to the specific frequencies authorized for use by the MSS licensee that seeks ATC authority. ( 3 ) ATC operations shall not exceed the geographical coverage area of the Mobile-Satellite Service network of the applicant for ATC authority. ( 4 ) ATC base stations shall comply with all applicable antenna and structural clearance requirements established in part 17 of this chapter . ( 5 ) ATC base stations and mobile terminals shall comply with part 1 of this chapter , Subpart I—Procedures Implementing the National Environmental Policy Act of 1969, including the guidelines for human exposure to radio frequency electromagnetic fields as defined in §§ 1.1307(b) and 1.1310 of this chapter for PCS networks. ( 6 ) ATC base station operations shall use less than all available MSS frequencies when using all available frequencies for ATC base station operations would exclude otherwise available signals from MSS space-stations. ( b ) Applicants for an ancillary terrestrial component shall demonstrate that the applicant does or will comply with the following criteria through certification: ( 1 ) Geographic and temporal coverage. ( i ) [Reserved] ( ii ) For the L-band, an applicant must demonstrate that it can provide space-segment service covering all 50 states, Puerto Rico, and the U.S. Virgin Islands one-hundred percent of the time, unless it is not technically possible for the MSS operator to meet the coverage criteria from its orbital position. ( iii ) For the 1.6/2.4 GHz Mobile-Satellite Service bands, an applicant must demonstrate that it can provide space-segment service to all locations as far north as 70° North latitude and as far south as 55° South latitude for at least seventy-five percent of every 24-hour period, i.e., that at least one satellite will be visible above the horizon at an elevation angle of at least 5° for at least 18 hours each day, and on a continuous basis throughout the fifty states, Puerto Rico and the U.S. Virgin Islands, i.e., that at least one satellite will be visible above the horizon at an elevation angle of at least 5° at all times. ( 2 ) Replacement satellites. ( i ) Operational NGSO MSS ATC systems shall maintain an in-orbit spare satellite. ( ii ) Operational GSO MSS ATC systems shall maintain a spare satellite on the ground within one year of commencing operations and launch it into orbit during the next commercially reasonable launch window following a satellite failure. ( iii ) All MSS ATC licensees must report any satellite failures, malfunctions or outages that may require satellite replacement within ten days of their occurrence. ( 3 ) Commercial availability. Mobile-satellite service must be commercially available ( viz. , offering services for a fee) in accordance with the coverage requirements that pertain to each band as a prerequisite to an MSS licensee's offering ATC service. ( 4 ) Integrated services. MSS ATC licensees shall offer an integrated service of MSS and MSS ATC. Applicants for MSS ATC may establish an integrated service offering by affirmatively demonstrating that: ( i ) The MSS ATC operator will use a dual-mode handset that can communicate with both the MSS network and the MSS ATC component to provide the proposed ATC service; or ( ii ) Other evidence establishing that the MSS ATC operator will provide an integrated service offering to the public. ( 5 ) In-band operation. ( i ) [Reserved] ( ii ) In the 1.6/2.4 GHz Mobile-Satellite Service bands, MSS ATC is limited to no more than 7.775 MHz of spectrum in the L-band and 11.5 MHz of spectrum in the S-band. Licensees in these bands may implement ATC only on those channels on which MSS is authorized, consistent with the 1.6/2.4 GHz Mobile-Satellite Service band-sharing arrangement. ( iii ) In the L-band, MSS ATC is limited to those frequency assignments available for MSS use in accordance with the Mexico City Memorandum of Understanding, its successor agreements or the result of other organized efforts of international coordination. ( c ) Equipment certification. ( 1 ) Each ATC mobile station utilized for operation under this part and each transmitter marketed, as set forth in § 2.803 of this chapter , must be of a type that has been authorized by the Commission under its certification procedure for use under this part. ( 2 ) Any manufacturer of radio transmitting equipment to be used in these services may request equipment authorization following the procedures set forth in subpart J of part 2 of this chapter . Equipment authorization for an individual transmitter may be requested by an applicant for a station authorization by following the procedures set forth in part 2 of this chapter . ( 3 ) Licensees and manufacturers shall ensure compliance with the Commission's radio frequency exposure requirements in §§ 1.1307(b) , 2.1091 , and 2.1093 of this chapter , as appropriate. An Environmental Assessment may be required if RF radiation from the proposed facilities would, in combination with radiation from other sources, cause RF power density or field strength in an accessible area to exceed the applicable limits specified in § 1.1310 of this chapter . Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. ( 4 ) Applications for equipment authorization of terrestrial low-power system equipment that will operate in the 2483.5-2495 MHz band shall demonstrate the following: ( i ) The transmitted signal is digitally modulated; ( ii ) The 6 dB bandwidth is at least 500 kHz; ( iii ) The maximum transmit power is no more than 1 W with a peak EIRP of no more than 6 dBW; ( iv ) The maximum power spectral density conducted to the antenna is not greater than 8 dBm in any 3 kHz band during any time interval of continuous transmission; ( v ) Emissions below 2483.5 MHz are attenuated below the transmitter power (P) measured in watts by a factor of at least 40 + 10 log (P) dB at the channel edge at 2483.5 MHz, 43 + 10 log (P) dB at 5 MHz from the channel edge, and 55 + 10 log (P) dB at X MHz from the channel edge where X is the greater of 6 MHz or the actual emission bandwidth. ( vi ) Emissions above 2495 MHz are attenuated below the transmitter power (P) measured in watts by a factor of at least 43 + 10 log (P) dB on all frequencies between the channel edge at 2495 MHz and X MHz from this channel edge and 55 + 10 log (P) dB on all frequencies more than X MHz from this channel edge, where X is the greater of 6 MHz or the actual emission bandwidth; ( vii ) Compliance with these rules is based on the use of measurement instrumentation employing a resolution bandwidth of 1 MHz or greater. However, in the 1 MHz bands immediately above and adjacent to the 2495 MHz a resolution bandwidth of at least 1 percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. If 1 percent of the emission bandwidth of the fundamental emission is less than 1 MHz, the power measured must be integrated over the required measurement bandwidth of 1 MHz. A resolution bandwidth narrower than 1 MHz is permitted to improve measurement accuracy, provided the measured power is integrated over the full required measurement bandwidth ( i.e., 1 MHz). The emission bandwidth of the fundamental emission of a transmitter is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section; and Note to paragraph ( c )(4): Systems meeting the requirements set forth in this section are deemed to have also met the requirements of § 25.254(a) through (d) . No further demonstration is needed for these systems with respect to § 25.254(a)-(d) . ( d ) Applicants for an ancillary terrestrial component authority shall demonstrate that the applicant does or will comply with the provisions of § 1.924 of this chapter and §§ 25.203(e) through 25.203(g) and with § 25.253 or § 25.254 , as appropriate, through certification or explanatory technical exhibit. ( e ) Except as provided for in paragraphs (f) and (g) of this section, no application for an ancillary terrestrial component shall be granted until the applicant has demonstrated actual compliance with the provisions of paragraph (b) of this section. Upon receipt of ATC authority, all ATC licensees shall ensure continued compliance with this section and § 25.253 or § 25.254 , as appropriate. ( f ) Special provision for operational MSS systems. Applicants for MSS ATC authority with operational MSS systems that are in actual compliance with the requirements prescribed in paragraphs (b)(1) , (b)(2) , and (b)(3) of this section at the time of application may elect to satisfy the requirements of paragraphs (b)(4) and (b)(5) of this section prospectively by providing a substantial showing in its certification regarding how the applicant will comply with the requirements of paragraphs (b)(4) and (b)(5) of this section. Notwithstanding § 25.117(f) and paragraph (e) of this section, the Commission may grant an application for ATC authority based on such a prospective substantial showing if the Commission finds that operations consistent with the substantial showing will result in actual compliance with the requirements prescribed in paragraphs (b)(4) and (b)(5) of this section. An MSS ATC applicant that receives a grant of ATC authority pursuant to this paragraph (f) shall notify the Commission within 30 days once it begins providing ATC service. This notification must take the form of a letter formally filed with the Commission in the appropriate MSS license docket and shall contain a certification that the MSS ATC service is consistent with its ATC authority. ( g ) Special provisions for terrestrial low-power systems in the 2483.5-2495 MHz band. ( 1 ) An operational MSS system that applies for authority to deploy ATC in the 2483.5-2495 MHz band for terrestrial low-power operations satisfying the equipment certification requirements of paragraph (c)(4) of this section is not required to demonstrate compliance with paragraph (b) of this section, except to demonstrate the commercial availability of MSS, without regard to coverage requirements. ( 2 ) An ATC licensee seeking to modify its license to add authority to operate a terrestrial low-power network shall certify in its modification application that its operations will utilize a Network Operating System (NOS), consisting of a network management system located at an operations center or centers. The NOS shall have the technical capability to address and resolve interference issues related to the licensee's network operations by reducing operational power; adjusting operational frequencies; shutting off operations; or any other appropriate means. The NOS shall also have the ability to resolve interference from the terrestrial low-power network to the licensee's MSS operations and to authorize access points to the network, which in turn may authorize access to the network by end-user devices. The NOS operations center shall have a point of contact in the United States available 24 hours a day, seven days a week, with a phone number and address made publicly-available by the licensee. ( 3 ) All access points operating in the 2483.5-2495 MHz band shall only operate when authorized by the ATC licensee's NOS, and all client devices operating in the 2483.5-2495 MHz band shall only operate when under the control of such access points. ( h ) Spectrum leasing. Leasing of spectrum rights by MSS licensees or system operators to spectrum lessees for ATC use is subject to the rules for spectrum manager leasing arrangements ( see § 1.9020 ) as set forth in part 1, subpart X of the rules ( see § 1.9001 et seq. ). In addition, at the time of the filing of the requisite notification of a spectrum manager leasing arrangement using Form 608 ( see §§ 1.9020(e) and 1.913(a)(5) ), both parties to the proposed arrangement must have a complete and accurate Form 602 ( see § 1.913(a)(2) ) on file with the Commission. [ 68 FR 47859 , Aug. 12, 2003, as amended at 69 FR 48162 , Aug. 9, 2004; 70 FR 19318 , Apr. 13, 2005, 73 FR 25592 , May 7, 2008; 76 FR 31260 , May 31, 2011; 78 FR 8267 , Feb. 5, 2013; 78 FR 8424 , Feb. 6, 2013; 79 FR 27502 , May 14, 2014; 82 FR 8818 , Jan. 31, 2017; 85 FR 18150 , Apr. 1, 2020] Processing of Applications § 25.150 Receipt of applications. Applications received by the Commission are given a file number and a unique station identifier for administrative convenience. Neither the assignment of a file number and/or other identifier nor the listing of the application on public notice as received for filing indicates that the application has been found acceptable for filing or precludes subsequent return or dismissal of the application if it is found to be defective or not in accordance with the Commission's rules. [ 78 FR 8425 , Feb. 6, 2013] § 25.151 Public notice. ( a ) At regular intervals, the Commission will issue public notices listing: ( 1 ) The receipt of applications for new station authorizations, except applications for space station licenses filed pursuant to § 25.110(b)(3)(i) or (ii) of this part ; ( 2 ) The receipt of applications for license or registration of receive-only earth stations; ( 3 ) The receipt of applications for major modifications to station authorizations; ( 4 ) The receipt of major amendments to pending applications; ( 5 ) The receipt of applications to assign or transfer control of space station facilities, transmitting earth station facilities, or international receive-only earth station facilities; ( 6 ) Significant Commission actions regarding applications; ( 7 ) Information that the Commission in its discretion believes to be of public significance; ( 8 ) Special environmental considerations as required by part 1 of this chapter ; ( 9 ) Submission of Coordination Requests and Appendix 30B filings to the ITU in response to requests filed pursuant to § 25.110(b)(3)(i) and (b)(3)(ii) ; ( 10 ) The receipt of space station application information filed pursuant to § 25.110(b)(3)(iii) ; ( 11 ) The receipt of notifications of non-routine transmission filed pursuant to § 25.140(d) ; ( 12 ) The receipt of EPFD input data files from an NGSO FSS licensee or market access recipient, submitted pursuant to § 25.111(b) or § 25.146(c)(2) ; and ( 13 ) The receipt of NGSO FSS compatibility showings filed pursuant to § 25.261(d) . ( b ) Special public notices may also be issued at other times under special circumstances involving non-routine matters where speed is of the essence and efficiency of Commission process will be served thereby. ( c ) A public notice will not normally be issued for receipt of any of the following applications: ( 1 ) For authorization of a minor technical change in the facilities of an authorized station; ( 2 ) For temporary authorization pursuant to § 25.120 . ( 3 ) For an authorization under any of the proviso clauses of section 308(a) of the Communications Act of 1934, as amended [ 47 U.S.C. 308(a) ]; ( 4 ) For consent to an involuntary assignment or transfer of control of a transmitting earth station authorization; or ( 5 ) For consent to an assignment or transfer of control of a space station authorization or a transmitting earth station authorization, where the assignment or transfer does not involve a substantial change in ownership or control; or ( 6 ) For change in location of an earth station operating in the 4/6 GHz and 10.95-11.7 GHz bands by no more than 1″ in latitude and/or longitude and for change in location of an earth station operating in the 12/14 GHz bands by no more than 10″ in latitude and/or longitude. ( d ) Except as specified in paragraph (e) of this section, no application that has appeared on public notice will be granted until the expiration of a period of thirty days following the issuance of the public notice listing the application, or any major amendment thereto. Any comments or petitions must be delivered to the Commission by that date in accordance with § 25.154 . ( e ) ( 1 ) Applicants seeking authority to operate a temporary fixed earth station pursuant to § 25.277 may consider their applications “provisionally granted,” and may initiate operations upon the placement of the complete FCC Form 312 application on public notice, provided that ( i ) The temporary fixed earth station will operate only in the conventional Ku-band (14.0-14.5 GHz and 11.7-12.2 GHz bands); ( ii ) The temporary fixed earth station's operations will be consistent with all routine-licensing requirements for the conventional Ku-band; and ( iii ) The temporary fixed earth station's operations will be limited to satellites on the Permitted Space Station List. ( 2 ) Applications for authority granted pursuant to paragraph (e)(1) of this section shall be placed on public notice pursuant to paragraph (a)(1) of this section. If no comments or petitions are filed within 30 days of the public notice date, the authority granted will be considered a regular temporary fixed earth station authorization as of 30 days after the public notice date. If a comment or petition is filed within 30 days of the public notice date, the applicant must suspend operations immediately pending resolution of the issues raised in that comment or petition. [ 56 FR 24016 , May 28, 1991, as amended at 58 FR 68061 , Dec. 23, 1993; 70 FR 32254 , June 2, 2005; 81 FR 55333 , Aug. 18, 2016; 82 FR 59985 , Dec. 18, 2017; 88 FR 39792 , June 20, 2023] Editorial Note Editorial Note: At 82 FR 59985 , Dec. 18, 2017, § 25.151 was amended by removing “and” from the end of paragraph (b)(10) and by removing the period at the end of paragraph (b)(11) and adding “; and” in its place; however, these amendments could not be incorporated because paragraphs (b)(10) and (b)(11) did not exist. § 25.152 [Reserved] § 25.153 Repetitious applications. ( a ) Where an application has been denied or dismissed with prejudice, the Commission will not consider a like application involving service of the same kind to the same area by the same applicant, or by its successor or assignee, or on behalf of or for the benefit of any of the original parties in interest, until after the lapse of 12 months from the effective date of the Commission's action. ( b ) Where an appeal has been taken from the action of the Commission denying a particular application, another application for the same class of station and for the same area, in whole or in part, filed by the same applicant or by his successor or assignee, or on behalf or for the benefit of the original parties in interest, will not be considered until the final disposition of the appeal. [ 56 FR 24016 , May 28, 1991, as amended at 79 FR 8320 , Feb. 12, 2014] § 25.154 Opposition to applications and other pleadings. ( a ) Petitions to deny, petitions for other forms of relief, and other objections or comments must: ( 1 ) Identify the application or applications (including applicant's name, station location, Commission file numbers, and radio service involved) with which it is concerned; ( 2 ) Be filed within thirty (30) days after the date of public notice announcing the acceptance for filing of the application or major amendment thereto (unless the Commission otherwise extends the filing deadline); ( 3 ) Filed in accordance with the pleading limitations, periods and other applicable provisions of §§ 1.41 through 1.52 of this chapter , except that such petitions must be filed electronically through the International Communications Filing System (ICFS) in accordance with the applicable provisions of part 1, subpart Y, of this chapter; ( 4 ) Contain specific allegations of fact (except for those of which official notice may be taken) to support the specific relief requested, which shall be supported by affidavit of a person or persons with personal knowledge thereof, and which shall be sufficient to demonstrate that the petitioner (or respondent) is a party of interest and that a grant of, or other Commission action regarding, the application would be prima facie inconsistent with the public interest; and ( 5 ) Contain a certificate of service showing that it has been mailed to the applicant no later than the date the pleading is filed with the Commission. ( b ) The Commission will classify as informal objections: ( 1 ) Any pleading not filed in accordance with paragraph (a) of this section; ( 2 ) Any pleading to which the thirty (30) day public notice period of § 25.151 does not apply; or ( 3 ) Any objections to the grant of an application when the objections do not conform to either paragraph (a) of this section or to other Commission rules and requirements. ( c ) Except for opposition to petitions to deny an application filed pursuant to § 25.220 , oppositions to petitions to deny an application or responses to comments and informal objections regarding an application may be filed within 10 days after the petition, comment, or objection is filed and must be in accordance with other applicable provisions of §§ 1.41 through 1.52 of this chapter , except that such oppositions must be filed electronically through the International Communications Filing System (ICFS) in accordance with the applicable provisions of part 1, subpart Y, of this chapter. ( d ) Reply comments by a party that filed a petition to deny may be filed in response to pleadings filed pursuant to paragraph (c) or (e) of this section within 5 days after expiration of the time for filing oppositions unless the Commission extends the filing deadline and must be in accordance with other applicable provisions of §§ 1.41 through 1.52 of this chapter , except that such reply comments must be filed electronically through the International Communications Filing System (ICFS) in accordance with the applicable provisions of part 1, subpart Y, of this chapter. ( e ) Within 30 days after a petition to deny an application filed pursuant to § 25.220 is filed, the applicant may file an opposition to the petition and must file a statement with the Commission, either in conjunction with, or in lieu of, such opposition, explaining whether the applicant has resolved all outstanding issues raised by the petitioner. This statement and any conjoined opposition must be in accordance with the provisions of §§ 1.41 through 1.52 of this chapter applicable to oppositions to petitions to deny, except that such reply comments must be filed electronically through the International Communications Filing System (ICFS) in accordance with the applicable provisions of part 1, subpart Y, of this chapter. [ 56 FR 24016 , May 28, 1991, as amended at 69 FR 47795 , Aug. 6, 2004; 70 FR 32254 , June 2, 2005; 79 FR 8320 , Feb. 12, 2014; 88 FR 21440 , Apr. 10, 2023] § 25.155 Mutually exclusive applications. ( a ) The Commission will consider applications to be mutually exclusive if their conflicts are such that the grant of one application would effectively preclude by reason of harmful interference, or other practical reason, the grant of one or more other applications. ( b ) A license application for NGSO-like satellite operation, as defined in § 25.157(a) , will be entitled to comparative consideration with one or more mutually exclusive applications only if the application is received by the Commission in a condition acceptable for filing by the “cut-off” date specified in a public notice. ( c ) A license application for GSO-like satellite operation, as defined in § 25.158(a)(1) , will be entitled to comparative consideration with another application only if: ( 1 ) The application is mutually exclusive with another application for GSO-like operation; and ( 2 ) The application is received by the Commission in a condition acceptable for filing at the same millisecond as the other application. [ 68 FR 51505 , Aug. 27, 2003, as amended at 81 FR 55333 , Aug. 18, 2016] § 25.156 Consideration of applications. ( a ) Applications for a radio station authorization, or for modification or renewal of an authorization, will be granted if, upon examination of the application, any pleadings or objections filed, and upon consideration of such other matters as it may officially notice, the Commission finds that the applicant is legally, technically, and otherwise qualified, that the proposed facilities and operations comply with all applicable rules, regulations, and policies, and that grant of the application will serve the public interest, convenience and necessity. ( b ) [Reserved] ( c ) Reconsideration or review of any final action taken by the Commission will be in accordance with subpart A of part 1 of this chapter . ( d ) ( 1 ) Applications for NGSO-like satellite operation will be considered pursuant to the procedures set forth in § 25.157 , except as provided in § 25.157(b) or (i) , as appropriate. ( 2 ) Applications for GSO-like satellite operation will be considered pursuant to the procedures set forth in § 25.158 , except as provided in § 25.158(a)(2) . ( 3 ) Applications for both NGSO-like satellite operation and GSO-like satellite operation in two or more service bands will be treated as separate applications for each service band, and each service band request will be considered pursuant to § 25.157 or § 25.158 , as appropriate. ( 4 ) Applications for feeder-link authority or inter-satellite link authority will be treated like an application separate from its associated service band. Each feeder-link request or inter-satellite link request will be considered pursuant to the procedure for applications for GSO-like operation or NGSO-like operation, as applicable. ( 5 ) [Reserved] ( 6 ) An application for DBS or DARS services will be entitled to comparative consideration with one or more conflicting applications only if: ( i ) The application is mutually exclusive with another application; and ( ii ) The application is received by the Commission in a condition acceptable for filing by the “cut-off” date specified in a public notice. [ 56 FR 24016 , May 28, 1991, as amended at 68 FR 51505 , Aug. 27, 2003; 81 FR 55333 , Aug. 18, 2016; 82 FR 59985 , Dec. 18, 2017; 85 FR 43735 , July 20, 2020] § 25.157 Consideration of applications for NGSO-like satellite operation. ( a ) This section specifies the procedures for considering license applications for “NGSO-like” satellite operation, except as provided in paragraphs (b) and (i) of this section. For purposes of this section, the term “NGSO-like satellite operation” means: ( 1 ) Operation of any NGSO satellite system; and ( 2 ) Operation of a GSO MSS satellite to communicate with earth stations with non-directional antennas. ( b ) ( 1 ) The procedures in this section do not apply to an application for authority to operate a replacement space station(s) that meets the relevant criteria in § 25.165(e)(1) and (2) and that will be launched before the space station(s) to be replaced is retired from service or within a reasonable time after loss of a space station during launch or due to premature failure in orbit. ( 2 ) Paragraphs (e) , (f) , and (g) of this section do not apply to an NGSO FSS application granted with a condition to share spectrum pursuant to § 25.261 . ( c ) Each application for NGSO-like satellite operation that is acceptable for filing under § 25.112 , except replacement applications described in paragraph (b) of this section, will be reviewed to determine whether it is a “competing application,” i.e., filed in response to a public notice initiating a processing round, or a “lead application,” i.e., all other applications for NGSO-like satellite operation. ( 1 ) Competing applications that are acceptable for filing will be placed on public notice to provide interested parties an opportunity to file pleadings in response to the application pursuant to § 25.154 . ( 2 ) Lead applications that are acceptable for filing will be placed on public notice. This public notice will initiate a processing round, establish a cut-off date for competing NGSO-like satellite system applications, and provide interested parties an opportunity to file pleadings in response to the application pursuant to § 25.154 . ( d ) After review of each of the applications in the processing round, and all the pleadings filed in response to each application, the Commission will grant all the applications that meet the standards of § 25.156(a) , and deny the other applications. ( e ) ( 1 ) In the event that there is insufficient spectrum in the frequency band available to accommodate all the qualified applicants in a processing round, the available spectrum will be divided equally among the licensees whose applications are granted pursuant to paragraph (d) of this section, except as set forth in paragraph (e)(2) of this section. ( 2 ) In cases where one or more applicants apply for less spectrum than they would be warranted under paragraph (e)(1) of this section, those applicants will be assigned the bandwidth amount they requested in their applications. In those cases, the remaining qualified applicants will be assigned the lesser of the amount of spectrum they requested in their applications, or the amount of spectrum that they would be assigned if the available spectrum were divided equally among the remaining qualified applicants. ( f ) ( 1 ) Each licensee will be allowed to select the particular band segment it wishes to use no earlier than 60 days before they plan to launch the first satellite in its system, and no later than 30 days before that date, by submitting a letter to the Secretary of the Commission. The licensee shall serve copies of this letter to the other participants in the processing round pursuant to § 1.47 of this chapter . ( 2 ) The licensee shall request contiguous bandwidth in both the uplink and downlink band. Each licensee's bandwidth selection in both the uplink and downlink band shall not preclude other licensees from selecting contiguous bandwidth. ( 3 ) If two or more licensees in a processing round request the same band segment, all licensees other than the first one to request that particular band segment will be required to make another selection. ( g ) ( 1 ) In the event that a license granted in a processing round pursuant to this section is cancelled for any reason, the Commission will redistribute the bandwidth allocated to that applicant equally among the remaining applicants whose licenses were granted concurrently with the cancelled license, unless the Commission determines that such a redistribution would not result in a sufficient number of licensees remaining to make reasonably efficient use of the frequency band. ( 2 ) In the event that the redistribution of bandwidth set forth in paragraph (g)(1) of this section would not result in a sufficient number of licensees remaining to make reasonably efficient use of the frequency band, the Commission will issue a public notice initiating a processing round, as set forth in paragraph (c) of this section, to invite parties to apply for an NGSO-like satellite system license to operate in a portion of the bandwidth made available as a result of the cancellation of the initial applicant's license. Parties already holding licenses for NGSO-like satellite operation in that frequency band will not be permitted to participate in that processing round. ( h ) Services offered pursuant to an NGSO-like license in a frequency band granted before the Commission has adopted frequency-band-specific service rules for that band will be subject to the default service rules in § 25.217 . ( i ) For consideration of license applications filed pursuant to the procedures described in § 25.122 or § 25.123 , the application will be processed and granted in accordance with §§ 25.150 through 25.156 , taking into consideration the information provided by the applicant under § 25.122(d) or § 25.123(c) , but without a processing round as described in this section and without a queue as described in § 25.158 . [ 68 FR 51505 , Aug. 27, 2003, as amended at 81 FR 55334 , Aug. 18, 2016; 81 FR 75344 , Oct. 31, 2016; 82 FR 59985 , Dec. 18, 2017; 85 FR 43735 , July 20, 2020] § 25.158 Consideration of applications for GSO-like satellite operation. ( a ) ( 1 ) This section specifies the procedures for considering license applications for “GSO-like” satellite operation, except as provided in paragraph (a)(2) of this section. For purposes of this section, the term “GSO-like satellite operation” means operation of a GSO satellite to communicate with earth stations with directional antennas, including operation of GSO satellites to provide MSS feeder links. ( 2 ) The procedures prescribed in this section do not apply to an application for authority to launch and operate a replacement space station that meets the relevant criteria in § 25.165(e)(1) and (e)(2) and that will be launched before the space station to be replaced is retired from service or within a reasonable time after loss of a space station during launch or due to premature failure in orbit. ( b ) Except as provided in paragraph (a)(2) of this section, license applications for GSO-like satellite operation, including first-step filings pursuant to § 25.110(b)(3)(i) or (ii) , will be placed in a queue and considered in the order that they are filed, pursuant to the following procedure: ( 1 ) The application will be reviewed to determine whether it is acceptable for filing within the meaning of § 25.112 . If not, the application will be returned to the applicant. ( 2 ) If the application is acceptable for filing under § 25.112 , the application will be placed on public notice pursuant to § 25.151 . ( i ) For applications filed pursuant to § 25.110(b)(3)(i) or (b)(3)(ii) , the public notice will announce that the Coordination Request or Appendix 30B filing has been submitted to the ITU. When further information is filed pursuant to § 25.110(b)(3)(iii) , it will be reviewed to determine whether it is substantially complete within the meaning of § 25.112 . If so, a second public notice will be issued pursuant to § 25.151 to give interested parties an opportunity to file pleadings pursuant to § 25.154 . ( ii ) For any other license application for GSO-like satellite operation, the public notice will announce that the application has been found acceptable for filing and will give interested parties an opportunity to file pleadings pursuant to § 25.154 . ( 3 ) The application will be granted only if it meets each of the following criteria: ( i ) After review of the application and any pleadings filed in response to that application, the Commission finds that the application meets the standards of § 25.156(a) ; and ( ii ) The proposed satellite will not cause harmful interference to any previously licensed operations. ( c ) A license applicant for GSO-like satellite operation must not transfer, assign, or otherwise permit any other entity to assume its place in any queue. ( d ) In the event that two or more applications for GSO-like satellite operation are mutually exclusive within the meaning of § 25.155(c) , the Commission will consider those applications pursuant to the following procedure: ( 1 ) Each application will be reviewed to determine whether it is acceptable for filing within the meaning of § 25.112 . Any application not found acceptable for filing will be returned to the applicant. ( 2 ) All applications that are acceptable for filing will be placed on public notice pursuant to § 25.151 , and interested parties will be given an opportunity to file pleadings pursuant to § 25.154 . ( 3 ) Each application will be granted if it meets the criteria of paragraph (b)(3) of this section, and otherwise will be denied. ( 4 ) In the event that two or more applications are granted pursuant to paragraph (d)(3) of this section, the available bandwidth at the orbital location or locations in question will be divided equally among those licensees. ( 5 ) Licensees whose licenses are granted pursuant to paragraph (d)(4) of this section will be allowed to select the particular band segment it wishes to use no earlier than 60 days before they plan to launch the first satellite in its system, and no later than 30 days before that date, by submitting a letter to the Secretary of the Commission. The licensee shall serve copies of this letter to the other participants in the processing round pursuant to § 1.47 of this chapter . ( 6 ) Licensees whose licenses are granted pursuant to paragraph (d)(4) of this section shall request contiguous bandwidth in both the uplink and downlink band. Each licensee's bandwidth selection shall not preclude other licensees from selecting contiguous bandwidth. ( 7 ) If two or more licensees whose licenses are granted pursuant to paragraph (d)(4) of this section request the same band segment, all licensees other than the first one to request that particular band segment will be required to make another selection. ( e ) Services offered pursuant to a GSO-like license in a frequency band granted before the Commission has adopted frequency-band-specific service rules for that band will be subject to the default service rules in § 25.217 . [ 68 FR 51506 , Aug. 27, 2003, as amended at 81 FR 55334 , Aug. 18, 2016] § 25.159 Limits on pending applications and unbuilt satellite systems. ( a ) [Reserved] ( b ) Applicants with an application for one NGSO-like satellite system license on file with the Commission in a particular frequency band will not be permitted to apply for another NGSO-like satellite system license in that frequency band in the same processing round subject to the procedures of §§ 25.157 and 25.261 . ( c ) If an applicant has an attributable interest in one or more other entities seeking one or more space station licenses or grants of U.S. market access, the pending applications and licensed-but-unbuilt satellite systems filed by those other entities will be counted as filed by the applicant for purposes of the limits on the number of pending space station applications or requests for U.S. market access and licensed-but-unbuilt satellite systems in this section and in § 25.137(d)(5) . For purposes of this section, an applicant has an “attributable interest” in another entity if: ( 1 ) It holds equity (including all stockholdings, whether voting or nonvoting, common or preferred) and debt interest or interests, in the aggregate, exceed thirty-three (33) percent of the total asset value (defined as the aggregate of all equity plus all debt) of that entity, or ( 2 ) It holds a controlling interest in that entity, or is the subsidiary of a party holding a controlling interest in that entity, within the meaning of 47 CFR 1.2110(b)(2) . ( 3 ) For purposes of paragraphs (c)(1) and (c)(2) of this section, ownership interests shall be calculated on a fully diluted basis, i.e. , all agreements, such as warrants, stock options, and convertible debentures, will generally be treated as if the rights thereunder already have been fully exercised. ( d ) In the event that a licensee misses three or more milestones within any three-year period, the Commission will presume that the licensee obtained one or more of those licenses for speculative purposes. Unless the licensee rebuts this presumption, it will not be permitted to apply for a GSO-like satellite or an NGSO-like satellite system in any frequency band if it has two or more satellite applications pending, or two licensed-but-unbuilt satellite systems of any kind. This limit will remain in effect until the licensee provides adequate information to demonstrate that it is very likely to construct its licensed facilities if it were allowed to file more applications. ( e ) For purposes of this section, “frequency band” means one of the paired frequency bands available for satellite service listed in § 25.202 . [ 68 FR 51506 , Aug. 27, 2003, as amended at 81 FR 55334 , Aug. 18, 2016; 85 FR 43735 , July 20, 2020; 88 FR 84754 , Dec. 6, 2023] Forfeiture, Termination, and Reinstatement of Station Authorization § 25.160 Administrative sanctions. ( a ) A forfeiture may be imposed for failure to operate in conformance with the Communications Act, license specifications, any conditions imposed on an authorization, or any of the Commission's rules and regulations; or for failure to comply with Commission requests for information needed to complete international coordination or for failure to cooperate in Commission investigations with respect to international coordination. ( b ) A forfeiture will be imposed and the station license may be terminated for the malicious transmissions of any signal that causes harmful interference with any other radio communications or signals. ( c ) A station license may be revoked for any repeated and willful violation of the kind set forth in paragraphs (a) and (b) of this section. ( d ) The sanctions specified in paragraphs (a) , (b) , and (c) of this section will be imposed only after the licensee has been provided an opportunity to be heard pursuant to titles III and V of the Communications Act of 1934, as amended. ( e ) For purposes of this section, the term “repeated” and “willful” are defined as set out in section 312(f) of the Communications Act, 47 U.S.C. 312(f) . § 25.161 Automatic termination of station authorization. A station authorization shall be automatically terminated in whole or in part without further notice to the licensee upon: ( a ) ( 1 ) The failure to meet an applicable milestone specified in § 25.164(a) or (b) , if no authorized space station is functional in orbit; ( 2 ) The failure to meet an applicable milestone specified in § 25.164(b)(1) or (2) , if at least one authorized space station is functional in an authorized orbit, which failure will result in the termination of authority for the space stations not in orbit as of the milestone date, but allow for technically identical replacements; or ( 3 ) The failure to meet any other milestone or construction requirement imposed as a condition of authorization. In the case of a space station authorization when at least one authorized space station is functional in orbit, however, such termination will be with respect to only the authorization for any space stations not in orbit as of the milestone date. ( b ) The expiration of the license term, unless, in the case of an earth station license, an application for renewal of the license has been filed with the Commission pursuant to § 25.121(e) or, in the case of a space station license, an application for extension of the license term has been filed with the Commission; or ( c ) The removal or modification of the facilities which renders the station not operational for more than 90 days, unless specific authority is requested. ( d ) The failure to maintain 50 percent of the maximum number of NGSO space stations authorized for service following the 9-year milestone period as functional space stations in authorized orbits, which failure will result in the termination of authority for the space stations not in orbit as of the date of noncompliance, but allow for technically identical replacements. ( e ) The failure to provide any SCS on all or some of the SCS authorized frequencies for more than 90 days. In this instance, the authorization will be terminated in whole or in part with respect to the relevant frequencies on which SCS has not been operational for more than 90 days in the United States, unless specific authority is requested. [ 56 FR 24016 , May 28, 1991, as amended at 68 FR 51507 , Aug. 27, 2003; 78 FR 8425 , Feb. 6, 2013; 79 FR 8320 , Feb. 12, 2014; 82 FR 59985 , Dec. 18, 2017; 89 FR 34167 , Apr. 30, 2024] § 25.162 Cause for termination of interference protection. The protection from interference afforded by the registration of a receiving earth station shall be automatically terminated if: ( a ) The request for registration is not submitted to the Commission within 3 months of the completion of the frequency coordination process, except as provided for in § 25.203 ; ( b ) The receiving earth station is not constructed and placed into service within 6 months after completion of coordination; ( c ) The Commission finds that the station has been used less than 50% of the time during any 12 month period; ( d ) The Commission finds that the station has been used for an unlawful purpose or otherwise in violation of the Commission's rules, regulations or policies; ( e ) The Commission finds that the actual use of the facility is inconsistent with what was set forth in the registrant's application; or ( f ) The Commission finds that the frequency coordination exhibit, upon which the granted registration is based, is incomplete or does not conform with established coordination procedures. § 25.163 Reinstatement. ( a ) A station authorization terminated in whole or in part under the provisions of § 25.161 may be reinstated if the Commission, in its discretion, determines that reinstatement would best serve the public interest, convenience and necessity. Petitions for reinstatement will be considered only if: ( 1 ) The petition is filed within 30 days after the expiration date set forth in § 25.161(a) or § 25.161(b) , whichever is applicable; ( 2 ) The petition explains the failure to file a timely notification or renewal application; and ( 3 ) The petition sets forth with specificity the procedures that have been established to ensure timely filings in the future. ( b ) A special temporary authorization shall automatically terminate upon the expiration date specified therein, or upon failure of the grantee to comply with any special terms or conditions set forth in the authorization. Temporary operation may be extended beyond the termination date only upon application to the Commission. [ 56 FR 24016 , May 28, 1991, as amended at 81 FR 55334 , Aug. 18, 2016] § 25.164 Milestones. ( a ) The recipient of an initial license for a GSO space station, other than a SDARS space station, granted on or after August 27, 2003, must launch the space station, position it in its assigned orbital location, and operate it in accordance with the station authorization no later than five years after the grant of the license, unless a different schedule is established by this chapter or the Commission. ( b ) ( 1 ) The recipient of an initial authorization for an NGSO satellite system, other than an SDARS system, must launch 50 percent of the maximum number of space stations authorized for service, place them in their assigned orbits, and operate them in accordance with the station authorization no later than 6 years after the grant of the authorization, unless a different schedule is established by Title 47, Chapter I. This paragraph does not apply to replacement NGSO space stations as defined in § 25.165(e) . ( 2 ) A licensee that satisfies the requirement in paragraph (b)(1) of this section must launch the remaining space stations necessary to complete its authorized service constellation, place them in their assigned orbits, and operate each of them in accordance with the authorization no later than nine years after the grant of the authorization. ( c ) - ( e ) [Reserved] ( f ) A licensee subject to the requirements in paragraph (a) or (b) of this section must either demonstrate compliance with the applicable requirement or notify the Commission in writing that the requirement was not met, within 15 days after the specified deadline. Compliance with a milestone requirement in paragraph (a) or (b) of this section may be demonstrated by certifying pursuant to § 25.121(d) that the space station(s) in question, has, or have, been launched and placed in the authorized orbital location or non-geostationary orbit(s) and that in-orbit operation of the space station or stations has been tested and found to be consistent with the terms of the authorization. ( g ) Licensees of satellite systems that include both NGSO satellites and GSO satellites must meet the requirement in paragraph (a) of this section with respect to the GSO satellite(s) and the applicable requirements in paragraph (b) of this section with respect to the NGSO satellites. ( h ) In cases where the Commission grants a satellite authorization in different stages, such as a license for a satellite system using feeder links or inter-satellite links, the earliest of the milestone schedules will be applied to the entire satellite system. [ 68 FR 51507 , Aug. 27, 2003, as amended at 69 FR 51587 , Aug. 20, 2004; 79 FR 8320 , Feb. 12, 2014; 81 FR 55334 , Aug. 18, 2016; 82 FR 59985 , Dec. 18, 2017; 86 FR 49489 , Sept. 3, 2021] § 25.165 Surety bonds. ( a ) For all space station licenses issued after September 20, 2004, other than licenses for SDARS space stations, space stations licensed in accordance with § 25.122 or § 25.123 , and replacement space stations as defined in paragraph (e) of this section, the licensee must post a bond within 30 days of the grant of its license. Space station licensed in accordance with § 25.122 or § 25.123 must post a bond within one year plus 30 days of the grant of the license. Failure to post a bond will render the license null and void automatically. ( 1 ) An NGSO licensee must have on file a surety bond requiring payment in the event of default as defined in paragraph (c) of this section, in an amount, at a minimum, determined according to the following formula, with the resulting dollar amount rounded to the nearest $10,000: A = $1,000,000 + $4,000,000 * D/2192, where A is the amount to be paid and D is the lesser of 2192 or the number of days that elapsed from the date of license grant until the date when the license was surrendered. ( 2 ) A GSO licensee must have on file a surety bond requiring payment in the event of default as defined in paragraph (c) of this section, in an amount, at a minimum, determined according to the following formula, with the resulting dollar amount rounded to the nearest $10,000: A = $1,000,000 + $2,000,000 * D/1827, where A is the amount to be paid and D is the lesser of 1827 or the number of days that elapsed from the date of license grant until the date when the license was surrendered. ( 3 ) Licensees of satellite systems including both NGSO space stations and GSO space stations that will operate in the same frequency bands must file a surety bond requiring payment in the event of default as defined in paragraph (c) of this section, in an amount, at a minimum, to be determined according to the formula in paragraph (a)(1) of this section. ( b ) The licensee must use a surety company deemed acceptable within the meaning of 31 U.S.C. 9304 et seq. ( See, e.g. , Department of Treasury Fiscal Service, Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and As Acceptable Reinsurance Companies, 57 FR 29356 , July 1, 1992.) The bond must name the U.S. Treasury as beneficiary in the event of the licensee's default. The licensee must provide the Commission with a copy of the performance bond, including all details and conditions. ( c ) A licensee will be considered to be in default with respect to a bond filed pursuant to paragraph (a) of this section if it surrenders the license before meeting an applicable milestone requirement in § 25.164(a) or (b)(1) or if it fails to satisfy any such milestone. ( d ) A licensee will be relieved of its bond obligation under paragraph (a) of this section upon a Commission finding that the licensee has satisfied the applicable milestone requirement(s) in § 25.164(a) and (b)(1) for the authorization. ( e ) A replacement space station is one that: ( 1 ) Is authorized to operate at an orbital location within ±0.15° of the assigned location of a GSO space station to be replaced or is authorized for NGSO operation and will replace an existing NGSO space station in its authorized orbit, except for space stations authorized under § 25.122 or § 25.123 ; ( 2 ) Is authorized to operate in the same frequency bands, and with the same coverage area as the space station to be replaced; and ( 3 ) Is scheduled to be launched so that it will be brought into use at approximately the same time as, but no later than, the existing space station is retired. ( f ) An applicant that has submitted a Coordination Request pursuant to § 25.110(b)(3)(i) or an Appendix 30B filing pursuant to § 25.110(b)(3)(ii) must obtain a surety bond in the amount of $500,000 in accordance with the requirements in paragraph (b) of this section for licensees. The application will be returned as defective pursuant to § 25.112 if a copy of the required bond is not filed with the Commission within 30 days after release of a public notice announcing that the Commission has submitted the Coordination Request or Appendix 30B filing to the ITU. ( g ) An applicant will be considered to be in default with respect to a bond filed pursuant to paragraph (f) of this section if the applicant fails to submit a complete, acceptable license application pursuant to § 25.110(b)(3)(iii) for the operation proposed in the initial application materials filed pursuant to § 25.110(b)(3)(i) or (b)(3)(ii) within two years of the date of submission of the initial application materials. [ 68 FR 51507 , Aug. 27, 2003, as amended at 69 FR 51587 , Aug. 20, 2004; 81 FR 55335 , Aug. 18, 2016; 82 FR 59986 , Dec. 18, 2017; 85 FR 43735 , July 20, 2020; 86 FR 49489 , Sept. 3, 2021] Reporting Requirements For Space Station Operators § 25.171 Space station point of contact reporting requirements. ( a ) Annual report. On June 30 of each year, a space station licensee or market access recipient must provide a current listing of the names, titles, addresses, email addresses, and telephone numbers of the points of contact for resolution of interference problems and for emergency response. Contact personnel should include those responsible for resolution of short-term, immediate interference problems at the system control center, and those responsible for long-term engineering and technical design issues. ( b ) Updated information. If a space station licensee or market access recipient point of contact information changes, the space station licensee or market access recipient must file the updated information within 10 days of the change. ( c ) Electronic filing. Filings under paragraph (a) or (b) of this section must be made electronically in the Commission's International Communications Filing System (ICFS) in the “Other Filings” tab of the station's current authorization file. [ 86 FR 11888 , Mar. 1, 2021, as amended at 88 FR 21441 , Apr. 10, 2023] § 25.172 Requirements for reporting space station control arrangements. ( a ) The operator of any space station licensed by the Commission or granted U.S. market access must file the following information with the Commission prior to commencing operation with the space station, or, in the case of a non-U.S.-licensed space station, prior to commencing operation with U.S. earth stations. ( 1 ) The information required by § 25.171(a) . ( 2 ) The call signs of any telemetry, tracking, and command earth station(s) communicating with the space station from any site in the United States. ( 3 ) The location, by city and country, of any telemetry, tracking, and command earth station that communicates with the space station from any point outside the United States. ( 4 ) Alternatively, instead of listing the call signs and/or locations of earth stations currently used for telemetry, tracking, and command, the space station operator may provide 24/7 contact information for a satellite control center and a list of the call signs of any U.S. earth stations, and the locations of any non-U.S. earth stations, that are used or may be used for telemetry, tracking, and command communication with the space station(s) in question. ( b ) The information required by paragraph (a) of this section must be filed electronically in the Commission's International Communications Filing System (ICFS), in the “Other Filings” tab of the space station's current authorization file. If call sign or location information provided pursuant to paragraph (a) of this section becomes invalid due to a change of circumstances, the space station operator must file updated information in the same manner within 30 days, except with respect to changes less than 30 days in duration, for which no update is necessary. [ 79 FR 8321 , Feb. 12, 2014, as amended at 86 FR 11888 , Mar. 1, 2021; 88 FR 21441 , Apr. 10, 2023] § 25.173 Results of in-orbit testing. ( a ) Space station operators must measure the co-polarized and cross-polarized performance of space station antennas through in-orbit testing and submit the measurement data to the Commission upon request. ( b ) Within 15 days after completing in-orbit testing of a space station licensed under this part, the operator must notify the Commission that such testing has been completed and certify that the space station's measured performance is consistent with the station authorization and that the space station is capable of using its assigned frequencies or inform the Commission of any discrepancy. The licensee must also indicate in the filing whether the space station has been placed in the assigned geostationary orbital location or non-geostationary orbit. If the licensee files a certification pursuant to this paragraph before the space station has been placed in its assigned orbit or orbital location, the licensee must separately notify the Commission that the space station has been placed in such orbit or orbital location within 3 days after such placement and that the station's measured performance is consistent with the station authorization. [ 79 FR 8321 , Feb. 12, 2014] Subpart C—Technical Standards Source: 30 FR 7176 , May 28, 1965; 36 FR 2562 , Feb. 6, 1971, unless otherwise noted. § 25.201 [Reserved] § 25.202 Frequencies, frequency tolerance, and emission limits. ( a ) ( 1 ) In addition to the frequency-use restrictions set forth in § 2.106 of this chapter , the following restrictions apply: ( i ) In the 27.5-28.35 GHz band, the FSS (Earth-to-space) is secondary to the Upper Microwave Flexible Use Service authorized pursuant to part 30 of this chapter , except for FSS operations associated with earth stations authorized pursuant to § 25.136 . ( ii ) Use of the 37.5-40 GHz band by the FSS (space-to-Earth) is limited to individually licensed earth stations. Earth stations in this band must not be ubiquitously deployed and must not be used to serve individual consumers. ( iii ) The U.S. non-Federal Table of Frequency Allocations, in § 2.106 of this chapter , is applicable between Commission space station licensees relying on a U.S. ITU filing and transmitting to or receiving from anywhere on Earth, including airborne earth stations, in the 17.7-20.2 GHz or 27.5-30 GHz bands. ( 2 ) [Reserved] ( 3 ) The following frequencies are available for use by the non-voice, non-geostationary mobile-satellite service: 137-138 MHz: Space-to-Earth 148-150.05 MHz: Earth-to-space 399.9-400.05 MHz: Earth-to-space 400.15-401 MHz: Space-to-Earth ( 4 ) ( i ) The following frequencies are available for use by the 1.6/2.4 GHz Mobile-Satellite Service: 1610-1626.5 MHz: User-to-Satellite Link 1613.8-1626.5 MHz: Satellite-to-User Link (secondary) 2483.5-2500 MHz: Satellite-to-User Link ( ii ) The following frequencies are available for use by the 2 GHz Mobile-Satellite Service: 2000-2020 MHz: User-to-Satellite Link; 2180-2200 MHz: Satellite-to-User Link. ( iii ) ( A ) The following frequencies are available for use by the 1.5/1.6 GHz Mobile-Satellite Service: 1525-1559 MHz: space-to-Earth 1626.5-1660.5 MHz: Earth-to-space ( B ) The use of the frequencies 1544-1545 MHz and 1645.5-1646.5 MHz is limited to distress and safety communications. ( 5 ) The following frequencies are available for use by the inter-satellite service: 22.55-23.00 GHz 23.00-23.55 GHz 24.45-24.65 GHz 24.65-24.75 GHz 54.25-56.90 GHz 57.00-58.20 GHz 65.00-71.00 GHz ( 6 ) The following frequencies are available for use by the Satellite Digital Audio Radio Service (SDARS), and for any associated terrestrial repeaters: 2320-2345 MHz (space-to-Earth) ( 7 ) The following frequencies are available for use by the Direct Broadcast Satellite service: 12.2-12.7 GHz: Space-to-Earth. 12.2-12.7 GHz: Space-to-Earth. ( 8 ) The following frequencies are available for use by Earth Stations on Vessels (ESVs) communicating with GSO FSS space stations, subject to the provisions in § 2.106 of this chapter : 3700-4200 MHz (space-to-Earth) 5925-6425 MHz (Earth-to-space) ( 9 ) The following frequencies are available for use by the Broadcasting-Satellite Service after 1 April 2007: 17.3-17.7 GHz (space-to-Earth) 17.7-17.8 GHz (space-to-Earth) Note 1 to paragraph ( a )(9): Use of the 17.3-17.7 GHz band by the broadcasting-satellite service is limited to geostationary satellite orbit systems. Note 2 to paragraph ( a )(9): Use of the 17.7-17.8 GHz band (space-to-Earth) by the broadcasting-satellite service is limited to transmissions from geostationary satellite orbit systems to receiving earth stations located outside of the United States and its Possessions. In the United States and its Possessions, the 17.7-17.8 GHz band is allocated on a primary basis to the Fixed Service. ( 10 ) ( i ) The following frequencies are available for use by Vehicle-Mounted Earth Stations (VMESs): 10.95-11.2 GHz (space-to-Earth) 11.45-11.7 GHz (space-to-Earth) 11.7-12.2 GHz (space-to-Earth) 14.0-14.5 GHz (Earth-to-space) 18.3-18.8 GHz (space-to-Earth) 19.7-20.2 GHz (space-to-Earth) 28.35-28.6 GHz (Earth-to-space) 29.25-30.0 GHz (Earth-to-space) ( ii ) The following frequencies are available for use by Earth Stations in Motion (ESIMs) communicating with GSO FSS space stations, subject to the provisions in § 2.106 of this chapter : ( A ) 10.7-11.7 GHz (space-to-Earth). ( B ) 11.7-12.2 GHz (space-to-Earth). ( C ) 14.0-14.5 GHz (Earth-to-space). ( D ) 17.3-17.7 GHz (space-to-Earth). ( E ) 17.7-17.8 GHz (space-to-Earth). ( F ) 17.8-18.3 GHz (space-to-Earth). ( G ) 18.3-18.8 GHz (space-to-Earth). ( H ) 18.8-19.3 GHz (space-to-Earth) ( I ) 19.3-19.4 GHz (space-to-Earth). ( J ) 19.6-19.7 GHz (space-to-Earth). ( K ) 19.7-20.2 GHz (space-to-Earth). ( L ) 28.35-28.6 GHz (Earth-to-space). ( M ) 28.6-29.1 GHz (Earth-to-space). ( N ) 29.25-30.0 GHz (Earth-to-space). ( iii ) The following frequencies are available for use by Earth Stations in Motion (ESIMs) communicating with NGSO FSS space stations, subject to the provisions in § 2.106 of this chapter : 10.7-11.7 GHz (space-to-Earth) 11.7-12.2 GHz (space-to-Earth) 14.0-14.5 GHz (Earth-to-space) 17.8-18.3 GHz (space-to-Earth) 18.3-18.6 GHz (space-to-Earth) 18.8-19.3 GHz (space-to-Earth) 19.3-19.4 GHz (space-to-Earth) 19.6-19.7 GHz (space-to-Earth) 19.7-20.2 GHz (space-to-Earth) 28.4-28.6 GHz (Earth-to-space) 28.6-29.1 GHz (Earth-to-space) 29.5-30.0 GHz (Earth-to-space) ( 11 ) [Reserved] ( 12 ) The following frequencies are available for use by the mobile-satellite service (Earth-to-space) for the reception of Automatic Identification Systems (AIS) broadcast messages from ships: 156.7625-156.7875 MHz 156.8125-156.8375 MHz 161.9625-161.9875 MHz 162.0125-162.0375 MHz ( b ) Other frequencies and associated bandwidths of emission may be assigned on a case-by-case basis to space systems under this part in conformance with § 2.106 of this chapter and the Commission's rules and policies. ( c ) [Reserved] ( d ) Frequency tolerance, Earth stations. The carrier frequency of each earth station transmitter authorized in these services shall be maintained within 0.001 percent of the reference frequency. ( e ) Frequency tolerance, space stations. The carrier frequency of each space station transmitter authorized in these services shall be maintained within 0.002 percent of the reference frequency. ( f ) Emission limitations. Except for SDARS terrestrial repeaters and as provided for in paragraph (i), the mean power of emissions shall be attenuated below the mean output power of the transmitter in accordance with the schedule set forth in paragraphs (f)(1) through (f)(4) of this section. The out-of-band emissions of SDARS terrestrial repeaters shall be attenuated in accordance with the schedule set forth in paragraph (h) of this section. ( 1 ) In any 4 kHz band, the center frequency of which is removed from the assigned frequency by more than 50 percent up to and including 100 percent of the authorized bandwidth: 25 dB; ( 2 ) In any 4 kHz band, the center frequency of which is removed from the assigned frequency by more than 100 percent up to and including 250 percent of the authorized bandwidth: 35 dB; ( 3 ) In any 4 kHz band, the center frequency of which is removed from the assigned frequency by more than 250 percent of the authorized bandwidth: An amount equal to 43 dB plus 10 times the logarithm (to the base 10) of the transmitter power in watts; ( 4 ) In any event, when an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in paragraphs (f) (1) , (2) and (3) of this section. ( g ) ( 1 ) Telemetry, tracking, and command signals may be transmitted in frequencies within the assigned bands that are not at a band edge only if the transmissions cause no greater interference and require no greater protection from harmful interference than the communications traffic on the satellite network or have been coordinated with operators of authorized co-frequency space stations at orbital locations within six degrees of the assigned orbital location. ( 2 ) Frequencies, polarization, and coding of telemetry, tracking, and command transmissions must be selected to minimize interference into other satellite networks. ( h ) Out-of-band emission limitations for SDARS terrestrial repeaters. ( 1 ) Any SDARS terrestrial repeater operating at a power level greater than 2-watt average EIRP is required to attenuate its out-of-band emissions below the transmitter power P by a factor of not less than 90 + 10 log (P) dB in a 1-megahertz bandwidth outside the 2320-2345 MHz band, where P is average transmitter output power in watts. ( 2 ) Any SDARS terrestrial repeater operating at a power level equal to or less than 2-watt average EIRP is required to attenuate its out-of-band emissions below the transmitter power P by a factor of not less than 75 + 10 log (P) dB in a 1-megahertz bandwidth outside the 2320-2345 MHz band, where P is average transmitter output power in watts. ( 3 ) SDARS repeaters are permitted to attenuate out-of-band emissions less than the levels specified in paragraphs (h)(1) and (h)(2), of this section unless a potentially affected WCS licensee provides written notice that it intends to commence commercial service within the following 365 days. Starting 180 days after receipt of such written notice, SDARS repeaters within the area notified by the potentially affected WCS licensee must attenuate out-of-band emissions to the levels specified in paragraphs (h)(1) and (h)(2) of this section. ( 4 ) For the purpose of this section, a WCS licensee is potentially affected if it is authorized to operate a base station in the 2305-2315 MHz or 2350-2360 MHz bands within 25 kilometers of a repeater seeking to operate with an out of band emission attenuation factor less than those prescribed in paragraphs (h)(1) or (2) of this section. ( i ) The WCS licensee is authorized to operate a base station in the 2305-2315 MHz or 2350-2360 MHz bands in the same Major Economic Area (MEA) as that in which a SDARS terrestrial repeater is located. ( ii ) The WCS licensee is authorized to operate a base station in the 2315-2320 MHz or 2345-2350 MHz bands in the same Regional Economic Area Grouping (REAG) as that in which a SDARS terrestrial repeater is located. ( iii ) A SDARS terrestrial repeater is located within 5 kilometers of the boundary of an MEA or REAG in which the WCS licensee is authorized to operate a WCS base station. ( i ) The following unwanted emissions power limits for non-geostationary satellites operating in the inter-satellite service that transmit in the 22.55-23.55 GHz band shall apply in any 200 MHz of the 23.6-24 GHz passive band, based on the date that complete advance publication information is received by the ITU's Radiocommunication Bureau: ( 1 ) For information received before January 1, 2020: −36 dBW. ( 2 ) For information received on or after January 1, 2020: −46 dBW. ( j ) For earth stations in the Fixed-Satellite Service (Earth-to-space) that transmit in the 49.7-50.2 GHz and 50.4-50.9 GHz bands, the unwanted emission power in the 50.2-50.4 GHz band shall not exceed −20 dBW/200 MHz (measured at the input of the antenna), except that the maximum unwanted emission power may be increased to −10 dBW/200 MHz for earth stations having an antenna gain greater than or equal to 57 dBi. These limits apply under clear-sky conditions. During fading conditions, the limits may be exceeded by earth stations when using uplink power control. ( k ) Space station downlinks operating as SCS under the provisions of § 25.125 and § 2.106(d)(33)(i) of this chapter are subject to the following rules. ( 1 ) Out of band emission limits. Notwithstanding the emission limitations of paragraph (f) of this section, the aggregation of all space station downlink emissions outside a licensee's SCS frequency band(s) of operation shall not exceed a power flux density of −120 dBW/m 2 /MHz at 1.5 meters above ground level. ( 2 ) Interference caused by out of band emissions. If any emission from a transmitter operating in the SCS service results in harmful interference to users of another radio service, the FCC may require a greater attenuation of the emission than specified in this section. [ 30 FR 7176 , May 28, 1965] Editorial Note Editorial Note: For Federal Register citations affecting § 25.202 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 25.203 Choice of sites and frequencies. Cross Reference Link to an amendment published at 87 FR 72405 , Nov. 25, 2022. Cross Reference Link to an amendment published at 89 FR 58072 , July 17, 2024. ( a ) Sites and frequencies for earth stations, other than ESVs, operating in frequency bands shared with equal rights between terrestrial and space services, shall be selected, to the extent practicable, in areas where the surrounding terrain and existing frequency usage are such as to minimize the possibility of harmful interference between the sharing services. ( b ) An applicant for an earth station authorization, other than an ESV, in a frequency band shared with equal rights with terrestrial microwave services shall compute the great circle coordination distance contour(s) for the proposed station in accordance with the procedures set forth in § 25.251 . The applicant shall submit with the application a map or maps drawn to appropriate scale and in a form suitable for reproduction indicating the location of the proposed station and these contours. These maps, together with the pertinent data on which the computation of these contours is based, including all relevant transmitting and/or receiving parameters of the proposed station that is necessary in assessing the likelihood of interference, an appropriately scaled plot of the elevation of the local horizon as a function of azimuth, and the electrical characteristics of the earth station antenna(s), shall be submitted by the applicant in a single exhibit to the application. The coordination distance contour plot(s), horizon elevation plot, and antenna horizon gain plot(s) required by this section may also be submitted in tabular numerical format at 5° azimuthal increments instead of graphical format. At a minimum, this exhibit shall include the information listed in paragraph (c)(2) of this section. An earth station applicant shall also include in the application relevant technical details (both theoretical calculations and/or actual measurements) of any special techniques, such as the use of artificial site shielding, or operating procedures or restrictions at the proposed earth station which are to be employed to reduce the likelihood of interference, or of any particular characteristics of the earth station site which could have an effect on the calculation of the coordination distance. ( c ) Prior to the filing of its application, an applicant for operation of an earth station, other than an ESV, VMES or ESAA, shall coordinate the proposed frequency usage with existing terrestrial users and with applicants for terrestrial station authorizations with previously filed applications in accordance with the following procedure: ( 1 ) An applicant for an earth station authorization shall perform an interference analysis in accordance with the procedures set forth in § 25.251 for each terrestrial station, for which a license or construction permit has been granted or for which an application has been accepted for filing, which is or is to be operated in a shared frequency band to be used by the proposed earth station and which is located within the great circle coordination distance contour(s) of the proposed earth station. ( 2 ) The earth station applicant shall provide each such terrestrial station licensee, permittee, and prior filed applicant with the technical details of the proposed earth station and the relevant interference analyses that were made. At a minimum, the earth station applicant shall provide the terrestrial user with the following technical information: ( i ) The geographical coordinates of the proposed earth station antenna(s), ( ii ) Proposed operating frequency band(s) and emission(s), ( iii ) Antenna center height above ground and ground elevation above mean sea level, ( iv ) Antenna gain pattern(s) in the plane of the main beam, ( v ) Longitude range of geostationary satellite orbit (GSO) satellites at which antenna may be pointed, for proposed earth station antenna(s) accessing GSO satellites, ( vi ) Horizon elevation plot, ( vii ) Antenna horizon gain plot(s) determined in accordance with § 25.251 for satellite longitude range specified in paragraph (c)(2)(v) of this section, taking into account the provisions of § 25.251 for earth stations operating with non-geostationary satellites, ( viii ) Minimum elevation angle, ( ix ) Maximum equivalent isotropically radiated power (e.i.r.p.) density in the main beam in any 4 kHz band, (dBW/4 kHz) for frequency bands below 15 GHz or in any 1 MHz band (dBW/MHz) for frequency band above 15 GHz, ( x ) Maximum available RF transmit power density in any 1 MHz band and in any 4 kHz band at the input terminals of the antenna(s), ( xi ) Maximum permissible RF interference power level as determined in accordance with § 25.251 for all applicable percentages of time, and ( xii ) A plot of great circle coordination distance contour(s) and rain scatter coordination distance contour(s) as determined by § 25.251 . ( 3 ) The coordination procedures specified in § 101.103 of this chapter and § 25.251 shall be applicable except that the information to be provided shall be that set forth in paragraph (c)(2) of this section, and that the 30-day period allowed for response to a request for coordination may be increased to a maximum of 45 days by mutual consent of the parties. ( 4 ) Where technical problems are resolved by an agreement or operating arrangement between the parties that would require special procedures be taken to reduce the likelihood of harmful interference (such as the use of artificial site shielding) or would result in lessened quality or capacity of either system, the details thereof shall be contained in the application. ( 5 ) The Commission may, in the course of examining any application, require the submission of additional showings, complete with pertinent data and calculations in accordance with § 25.251 , showing that harmful interference is not likely to result from the proposed operation. ( 6 ) Multiple antennas in an NGSO FSS gateway earth station complex located within an area bounded by one second of latitude and one second of longitude may be regarded as a single earth station for purposes of coordination with terrestrial services. ( d ) An applicant for operation of an earth station, other than an ESV, VMES or an ESAA, shall also ascertain whether the great circle coordination distance contours and rain scatter coordination distance contours, computed for those values of parameters indicated in § 25.251 (Appendix 7 of the ITU RR) for international coordination, cross the boundaries of another Administration. In this case, the applicant shall furnish the Commission copies of these contours on maps drawn to appropriate scale for use by the Commission in effecting coordination of the proposed earth station with the Administration(s) affected. ( e ) Protection for Table Mountain Radio Receiving Zone, Boulder County, Colorado. ( 1 ) Applicants for a station authorization to operate in the vicinity of Boulder County, Colorado under this part are advised to give due consideration, prior to filing applications, to the need to protect the Table Mountain Radio Receiving Zone from harmful interference. These are the research laboratories of the Department of Commerce, Boulder County, Colorado. To prevent degradation of the present ambient radio signal level at the site, the Department of Commerce seeks to ensure that the field strengths of any radiated signals (excluding reflected signals) received on this 1800 acre site (in the vicinity of coordinates 40°07′50″ N Latitude, 105°14′40″ W Longitude) resulting from new assignments (other than mobile stations) or from the modification or relocation of existing facilities do not exceed the following values: Frequency range In authorized bandwidth of service Field strength (mV/m) Power flux density 1 (dBW/m 2 ) Below 540 kHz 10 −65.8 540 to 1600 kHz 20 −59.8 1.6 to 470 MHz 10 2 −65.8 470 to 890 MHz 30 2 −56.2 Above 890 MHz 1 2 −85.8 1 Equivalent values of power flux density are calculated assuming free space characteristic impedance of 376.7 = 120π ohms. 2 Space stations shall conform to the power flux density limits at the earth's surface specified in appropriate parts of the FCC rules, but in no case should exceed the above levels in any 4 kHz band for all angles of arrival. ( 2 ) Advance consultation is recommended particularly for those applicants who have no reliable data which indicates whether the field strength or power flux density figures in the above table would be exceeded by their proposed radio facilities (except mobile stations). In such instances, the following is a suggested guide for determining whether coordination is recommended: ( i ) All stations within 2.5 kilometers; ( ii ) Stations within 5 kilometers with 50 watts or more average effective radiated power (ERP) in the primary plane of polarization in the azimuthal direction of the Table Mountain Radio Receiving Zone; ( iii ) Stations within 15 kilometers with 1 kW or more average ERP in the primary plane of polarization in the azimuthal direction of Table Mountain Receiving Zone; ( iv ) Stations within 80 kilometers with 25 kW or more average ERP in the primary plane of polarization in the azimuthal direction of Table Mountain Receiving Zone. ( 3 ) Applicants concerned are urged to communicate with the Radio Frequency Management Coordinator, Department of Commerce, Research Support Services, NOAA R/E5X2, Boulder Laboratories, Boulder, CO 80303; telephone (303) 497-6548, in advance of filing their applications with the Commission. ( 4 ) The Commission will not screen applications to determine whether advance consultation has taken place. However, applicants are advised that such consultation can avoid objections from the Department of Commerce or proceedings to modify any authorization which may be granted which, in fact, delivers a signal at the site in excess of the field strength specified herein. ( f ) Notification to the National Radio Astronomy Observatory: In order to minimize possible harmful interference at the National Radio Astronomy Observatory site at Green Bank, Pocahontas County, W. Va., and at the Naval Radio Research Observatory site at Sugar Grove, Pendleton County, W. Va., any applicant for operating authority under this part for a new transmit or transmit-receive earth station, other than a mobile or temporary fixed station, within the area bounded by 39°15′ N. on the north, 78°30′ W. on the east, 37°30′ N. on the south and 80°30′ W. on the west or for modification of an existing license for such station to change the station's frequency, power, antenna height or directivity, or location must, when filing the application with the Commission, simultaneously notify the Director, National Radio Astronomy Observatory, P.O. Box No. 2, Green Bank, W. Va. 24944, in writing, of the technical particulars of the proposed station. Such notification shall include the geographical coordinates of the antenna, antenna height, antenna directivity if any, proposed frequency, type of emission, and power. In addition, the applicant shall indicate in his application to the Commission the date notification was made to the observatory. After receipt of such applications, the Commission will allow a period of 20 days for comments or objections in response to the notifications indicated. If an objection to the proposed operation is received during the 20-day period from the National Radio Astronomy Observatory for itself or on behalf of the Naval Radio Research Observatory, the Commission will consider all aspects of the problem and take whatever action is deemed appropriate. ( g ) Protection for Federal Communications Commission monitoring stations: ( 1 ) Applicants for authority to operate a new transmitting earth station in the vicinity of an FCC monitoring station or to modify the operation of a transmitting earth station in a way that would increase the field strength produced at such a monitoring station above that previously authorized should consider the possible need to protect the FCC stations from harmful interference. Geographic coordinates of the facilities that require protection are listed in § 0.121(c) of this chapter . Applications for fixed stations that will produce field strength greater than 10 mV/m or power flux density greater than −65.8 dBW/m 2 in the authorized emission bandwidth at any of the referenced coordinates may be examined to determine the extent of possible interference. Depending on the theoretical field strength value and existing root-sum-square or other ambient radio field signal levels at the referenced coordinates, a condition to protect the monitoring station may be included in the station authorization. ( 2 ) In the event that the calculated value of the expected field strength exceeds 10 mV/m (−65.8 dBW/m 2 ) at the reference coordinates, or if there is any question whether field strength levels might exceed the threshold value, advance consultation with the FCC to discuss any protection necessary should be considered. See § 0.401 of this chapter for contact information. ( 3 ) Advance consultation is suggested particularly for those applicants who have no reliable data which indicates whether the field strength or power flux density figure indicated would be exceeded by their proposed radio facilities (except mobile stations). In such instances, the following is a suggested guide for determining whether an applicant should coordinate: ( i ) All stations within 2.5 kilometers; ( ii ) Stations within 5 kilometers with 50 watts or more average effective radiated power (ERP) in the primary plane of polarization in the azimuthal direction of the Monitoring Station; ( iii ) Stations within 15 kilometers with 1 kW or more average ERP in the primary plane of polarization in the azimuthal direction of the Monitoring Station; ( iv ) Stations within 80 kilometers with 25 kW or more average ERP in the primary plane of polarization in the azimuthal direction of the Monitoring Station. ( 4 ) Advance coordination for stations operating above 1000 MHz is recommended only where the proposed station is in the vicinity of a monitoring station designated as a satellite monitoring facility in § 0.121(c) of this chapter and also meets the criteria outlined in paragraphs (g)(2) and (3) of this section. ( 5 ) The Commission will not screen applications to determine whether advance consultation has taken place. However, applicants are advised that such consultation can avoid objections from the Federal Communications Commission or modification of any authorization which will cause harmful interference. ( h ) Sites and frequencies for GSO and NGSO earth stations, operating in a frequency band where both have a co-primary allocation, shall be selected to avoid earth station antenna mainlobe-to-satellite antenna mainlobe coupling, between NGSO systems and between NGSO and GSO systems, in order to minimize the possibility of harmful interference between these services. Prior to filing an earth station application, in bands with co-primary allocations to NGSO and GSO earth stations, the applicant shall coordinate the proposed site and frequency usage with existing earth station licensees and with current earth station authorization applicants. ( i ) Any applicant for a new permanent transmitting fixed earth station to be located on the island of Puerto Rico, Desecheo, Mona, Vieques, or Culebra, or for modification of an existing authorization to change the frequency, power, antenna height, directivity, or location of such a station on one of these islands in a way that would increase the likelihood of causing interference, must notify the Interference Office, Arecibo Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612, in writing or electronically, of the technical parameters of the proposal. Applicants may wish to consult interference guidelines, which will be provided by Cornell University. Applicants who choose to transmit information electronically should e-mail to: prcz@naic.edu . ( 1 ) The notification to the Interference Office, Arecibo Observatory shall be made prior to, or simultaneously with, the filing of the application with the Commission. The notification must specify the geographical coordinates of the antenna (NAD-83 datum), antenna height above ground, ground elevation at the antenna, antenna directivity and gain, proposed frequency, relevant FCC rule part, type of emission, effective radiated power, and whether the proposed use is itinerant. Generally, submission of the information in the technical portion of the FCC license application is adequate notification. In addition, the applicant shall indicate in its application to the Commission the date notification was made to the Arecibo Observatory. ( 2 ) After receipt of such applications, the Commission will allow the Arecibo Observatory a period of 20 days for comments or objections in response to the notification indicated. The applicant will be required to make reasonable efforts in order to resolve or mitigate any potential interference problem with the Arecibo Observatory and to file either an amendment to the application or a modification application, as appropriate. If the Commission determines that an applicant has satisfied its responsibility to make reasonable efforts to protect the Observatory from interference, its application may be granted. ( 3 ) The provisions of this paragraph do not apply to operations that transmit on frequencies above 15 GHz. ( j ) Applicants for NGSO 1.6/2.4 GHz Mobile-Satellite Service/Radiodetermination-Satellite Service feeder links in the 17.7-20.2 GHz and 27.5-30.0 GHz bands must coordinate with licensees of FSS and terrestrial-service systems sharing the band to determine geographic protection areas around each NGSO MSS/Radiodetermination-Satellite Service feeder-link earth station. ( k ) An applicant for operation of an earth station, other than an ESV, VMES or an ESAA, that will operate with a geostationary satellite or non-geostationary satellite in a shared frequency band in which the non-geostationary system is (or is proposed to be) licensed for feeder links, shall demonstrate in its applications that its proposed earth station will not cause unacceptable interference to any other satellite network that is authorized to operate in the same frequency band, or certify that the operations of its earth station shall conform to established coordination agreements between the operator(s) of the space station(s) with which the earth station is to communicate and the operator(s) of any other space station licensed to use the band. ( l ) [Reserved] ( m ) Feeder links to DBS space stations: ( 1 ) Each applicant for a license to construct a new FSS earth station to provide feeder-link service to DBS space stations in the frequency band 17.3-17.8 GHz, or to modify any such station currently authorized except where the modification is for a new station within one kilometer of a currently-licensed earth station and modification will not increase the aggregate pfd, measured at any point 3-10 meters above the ground, above that generated by the current earth station, shall identify a coordination zone around its proposed new or modified earth station by the methodology outlined in Annex 3 of Appendix 7 of the ITU Radio Regulations, using the following values for the parameters in Table 9b of Annex 7 of Appendix 7: Space service designation in which the transmitting earth station operates Fixed-satellite Frequency bands (GHz) 17.3-17.8 Space service designation in which the receiving earth station operates Broadcasting-satellite Orbit GSO Modulation at receiving earth station N (digital) Receiving earth station interference parameters and criteria: p 0 (%) 0.015 n 2 p (%) 0.015 N L (dB) 1 M s (dB) In the area specified in 47 CFR § 25.209(w)(1) and (4) In the area specified in 47 CFR § 25.209(w)(2) In the area specified in 47 CFR § 25.209(w)(3) . 4.8 3.0 1.8. W (dB) 4 Receiving earth station parameters: G m (dBi) 36 G r 0 e min 20° T e (K) 150 Reference bandwidth: B (Hz) 10 6 Permissible interference power: P r (p) (dBW) in B −146.8 −149.8 −152.8. ( 2 ) Each applicant for such new or modified feeder-link earth station shall provide the following information to a third-party coordinator of its choice for use in coordination required by this paragraph: ( i ) The geographical coordinates of the proposed earth station antenna(s); ( ii ) Proposed operating frequency band(s) and emission(s); ( iii ) Antenna diameter (meters); ( iv ) Antenna center height above ground and ground elevation above mean sea level; ( v ) Antenna gain pattern(s) in the plane of the main beam; ( vi ) Longitude range of geostationary satellite orbit (GSO) satellites at which an antenna may be pointed; ( vii ) Horizon elevation plot; ( viii ) Antenna horizon gain plot(s) determined in accordance with the procedure in Section 2.1 of Annex 5 to Appendix 7 of the ITU Radio Regulations; ( ix ) Minimum elevation angle; ( x ) Maximum equivalent isotropically radiated power (e.i.r.p.) density in the main beam in any 1 MHz band; ( xi ) Maximum available RF transmit power density in any 1 MHz band at the input terminals of the antenna(s); ( xii ) A plot of the coordination distance contour(s) and rain scatter coordination distance contour(s) as determined by Table 2 of Section 3 to Appendix 7 of the ITU Radio Regulations. ( 3 ) Each applicant for such new or modified feeder-link earth stations shall file with its application memoranda of coordination with each licensee authorized to construct BSS receive earth stations within the coordination zone. ( n ) From December 5, 2021 until December 5, 2030, consolidated telemetry, tracking, and control (TT&C) operations at no more than four locations may be authorized on a primary basis to support space station operations, and no other TT&C operations shall be entitled to interference protection in the 3.7-4.0 GHz band. [ 30 FR 7176 , May 28, 1965] Editorial Note Editorial Note: For Federal Register citations affecting § 25.203 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 25.204 Power and out-of-band emission limits for earth stations. ( a ) In bands shared coequally with terrestrial radio communication services, the equivalent isotropically radiated power transmitted in any direction towards the horizon by an earth station, other than an ESV, operating in frequency bands between 1 and 15 GHz, shall not exceed the following limits except as provided for in paragraph (c) of this section: + 40 dBW in any 4 kHz band for θ ≤0° + 40 + 3θ dBW in any 4 kHz band for 0° <θ ≤5° where θ is the angle of elevation of the horizon viewed from the center of radiation of the antenna of the earth station and measured in degrees as positive above the horizontal plane and negative below it. ( b ) In bands shared coequally with terrestrial radiocommunication services, the equivalent isotropically radiated power transmitted in any direction towards the horizon by an earth station operating in frequency bands above 15 GHz shall not exceed the following limits except as provided for in paragraph (c) of this section: + 64 dBW in any 1 MHz band for θ ≤0° + 64 + 3 θ dBW in any 1 MHz band for 0° <θ ≤5° where θ is as defined in paragraph (a) of this section. ( c ) For angles of elevation of the horizon greater than 5° there shall be no restriction as to the equivalent isotropically radiated power transmitted by an earth station towards the horizon. ( d ) Notwithstanding the e.i.r.p. and e.i.r.p. density limits specified in the station authorization, each earth station transmission shall be conducted at the lowest power level that will provide the required signal quality as indicated in the application and further amended by coordination agreements. ( e ) To the extent specified in paragraphs (e)(1) through (e)(3) of this section, earth stations in the Fixed-Satellite Service may employ uplink adaptive power control or other methods of fade compensation to facilitate transmission of uplinks at power levels required for desired link performance while minimizing interference between networks. ( 1 ) Except when paragraphs (e)(2) through (e)(3) of this section apply, transmissions from FSS earth stations in frequencies above 10 GHz may exceed the uplink EIRP and EIRP density limits specified in the station authorization under conditions of uplink fading due to precipitation by an amount not to exceed 1 dB above the actual amount of monitored excess attenuation over clear sky propagation conditions. EIRP levels must be returned to normal as soon as the attenuating weather pattern subsides. ( 2 ) An FSS earth station transmitting to a geostationary space station in the 13.77-13.78 GHz band must not generate more than 71 dBW EIRP in any 6 MHz band. An FSS earth station transmitting to a non-geostationary space station in the 13.77-13.78 GHz band must not generate more than 51 dBW EIRP in any 6 MHz band. Automatic power control may be used to increase the EIRP density in a 6 MHz uplink band in this frequency range to compensate for rain fade, provided that the power flux-density at the space station does not exceed the value that would result when transmitting with an EIRP of 71 dBW or 51 dBW, as appropriate, in that 6 MHz band in clear-sky conditions. ( 3 ) FSS earth stations transmitting to geostationary space stations in the 28.35-28.6 GHz and/or 29.25-30.0 GHz bands may employ uplink adaptive power control or other methods of fade compensation. For stations employing uplink power control, the values in § 25.218(i)(1) , (2) , and ( 4 ) may be exceeded by up to 20 dB under conditions of uplink fading due to precipitation. The amount of such increase in excess of the actual amount of monitored excess attenuation over clear sky propagation conditions must not exceed 1.5 dB or 15 percent of the actual amount of monitored excess attenuation in dB, whichever is larger, with a confidence level of 90 percent except over transient periods accounting for no more than 0.5 percent of the time during which the excess is no more than 4.0 dB. ( f ) An earth station in the Fixed-Satellite Service transmitting in the 13.75-14 GHz band must have a minimum antenna diameter of 4.5 m, and the EIRP of any emission in that band should be at least 68 dBW and should not exceed 85 dBW. ( g ) SCS earth stations providing SCS pursuant to §§ 25.125 and 25.115 shall comply with the power requirements and out-of-band emission limits corresponding to devices operating in part 22 , 24 , or 27 of this chapter ( e.g. , § 22.913 , § 24.232 , or § 27.50 ), as required for their operating frequencies. [ 48 FR 40255 , Sept. 6, 1983, as amended at 58 FR 13420 , Mar. 11, 1993; 61 FR 52307 , Oct. 7, 1996; 62 FR 61457 , Nov. 18, 1997; 66 FR 10623 , Feb. 16, 2001; 70 FR 4784 , Jan. 31, 2005; 70 FR 32255 , June 2, 2005; 72 FR 50029 , Aug. 29, 2007; 74 FR 57098 , Nov. 4, 2009; 78 FR 8427 , Feb. 6, 2013; 78 FR 14927 , Mar. 8, 2013; 79 FR 8322 , Feb. 12, 2004; 81 FR 55336 , Aug. 18, 2016; 83 FR 34491 , July 20, 2018; 84 FR 53655 , Oct. 8, 2019; 89 FR 34167 , Apr. 30, 2024] § 25.205 Minimum antenna elevation angle. ( a ) Earth station antennas must not transmit at elevation angles less than five degrees, measured from the horizontal plane to the direction of maximum radiation, in a frequency band shared with terrestrial radio services or in a frequency band with an allocation to space services operating in both the Earth-to-space and space-to-Earth directions. In other bands, earth station antennas must not transmit at elevation angles less than three degrees. In some instances, it may be necessary to specify greater minimum elevation angles because of interference considerations. ( b ) ESAAs in aircraft on the ground must not transmit at elevation angles less than three degrees. There is no minimum angle of antenna elevation for ESAAs while airborne. [ 81 FR 55336 , Aug. 18, 2016] § 25.206 Station identification. The requirement to transmit station identification is waived for all radio stations licensed under this part with the exception of earth stations subject to the requirements of § 25.281 . [ 79 FR 8322 , Feb. 12, 2014] § 25.207 Cessation of emissions. Space stations shall be made capable of ceasing radio emissions by the use of appropriate devices (battery life, timing devices, ground command, etc.) that will ensure definite cessation of emissions. § 25.208 Power flux-density and in-band field strength limits. ( a ) In the band 3650-4200 MHz, the power flux density at the Earth's surface produced by emissions from a space station for all conditions and for all methods of modulation shall not exceed the following values: −152 dB(W/m 2 ) in any 4 kHz band for angles of arrival between 0 and 5 degrees above the horizontal plane; −152 + (δ−5)/2 dB(W/m 2 ) in any 4 kHz band for angles of arrival δ (in degrees) between 5 and 25 degrees above the horizontal plane; and −142 dB(W/m 2 ) in any 4 kHz band for angles of arrival between 25 and 90 degrees above the horizontal plane These limits relate to the power flux density which would be obtained under assumed free-space propagation conditions. ( b ) In the bands 10.95-11.2 and 11.45-11.7 GHz for GSO FSS space stations and 10.7-11.7 GHz for NGSO FSS space stations, the power flux-density at the Earth's surface produced by emissions from a space station for all conditions and for all methods of modulation shall not exceed the lower of the following values: ( 1 ) −150 dB(W/m 2 ) in any 4 kHz band for angles of arrival between 0 and 5 degrees above the horizontal plane; −150 + (δ−5)/2 dB(W/m 2 ) in any 4 kHz band for angles of arrival (δ) (in degrees) between 5 and 25 degrees above the horizontal plane; and −140 dB(W/m 2 ) in any 4 kHz band for angles of arrival between 25 and 90 degrees above the horizontal plane; or ( 2 ) −126 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 0 and 5 degrees above the horizontal plane; −126 + (δ−5)/2 dB(W/m 2 ) in any 1 MHz band for angles of arrival (δ) (in degrees) between 5 and 25 degrees above the horizontal plane; and −116 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 25 and 90 degrees above the horizontal plane. Note to paragraph ( b ): These limits relate to the power flux density, which would be obtained under assumed free-space propagation conditions. ( c ) For a GSO space station in the 17.7-19.7 GHz, 22.55-23.55 GHz, or 24.45-24.75 GHz bands, or for an NGSO space station in the 22.55-23.55 GHz or 24.45-24.75 GHz bands, the PFD at the Earth's surface produced by emissions for all conditions and for all methods of modulation must not exceed the following values: ( 1 ) −115 dB (W/m 2 ) in any 1 MHz band for angles of arrival between 0 and 5 degrees above the horizontal plane. ( 2 ) −115 + 0.5 (δ-5) dB (W/m 2 ) in any 1 MHz band for angles of arrival d (in degrees) between 5 and 25 degrees above the horizontal plane. ( 3 ) −105 dB (W/m 2 ) in any 1 MHz band for angles of arrival between 25 and 90 degrees above the horizontal plane. ( d ) In addition to the limits specified in paragraph (c) of this section, the power flux-density across the 200 MHz band 18.6-18.8 GHz produced at the Earth's surface by emissions from a space station under assumed free-space propagation conditions shall not exceed −95 dB (W/m 2 ) for all angles of arrival. This limit may be exceeded by up to 3 dB for no more than 5% of the time. ( e ) - ( m ) [Reserved] ( n ) The power-flux density at the Earth's surface produced by emissions from a space station in the Fixed-Satellite Service (space-to-Earth), for all conditions and for all methods of modulation, shall not exceed the limits given in Table N. These limits relate to the power flux-density which would be obtained under assumed free-space conditions. Table N—Limits of Power-Flux Density From Space Stations in the Band 6700-7075 MHz Frequency band Limit in dB (W/m 2 ) for angle of arrival (δ) above the horizontal plane Reference bandwidth 0°-5° 5°-25° 25°-90° 6700-6825 MHz −137 −137 + 0.5(δ−5) −127 1 MHz. 6825-7075 MHz −154 and −154 + 0.5(δ−5) and −144 and 4 kHz. −134 −134 + 0.5(δ−5) −124 1 MHz. ( o ) In the band 12.2-12.7 GHz, for NGSO FSS space stations, the specified low-angle power flux-density at the Earth's surface produced by emissions from a space station shall not be exceeded into an operational MVDDS receiver: ( 1 ) −158 dB(W/m 2 ) in any 4 kHz band for angles of arrival between 0 and 2 degrees above the horizontal plane; and ( 2 ) −158 + 3.33(δ−2) dB(W/m 2 ) in any 4 kHz band for angles of arrival (δ) (in degrees) between 2 and 5 degrees above the horizontal plane. Note to paragraph ( o ): These limits relate to the power flux density, which would be obtained under assumed free-space propagation conditions. ( p ) The power flux-density at the Earth's surface produced by emissions from a space station in either the Earth exploration-satellite service in the band 25.5-27 GHz or the inter-satellite service in the band 25.25-27.5 GHz for all conditions and for all methods of modulation shall not exceed the following values: −115 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 0 and 5 degrees above the horizontal plane; −115 + 0.5(−5) dB(W/m 2 ) in any 1 MHz band for angles of arrival between 5 and 25 degrees above the horizontal plane; −105 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 25 and 90 degrees above the horizontal plane. These limits relate to the power flux-density which would be obtained under assumed free-space propagation conditions. ( q ) In the band 37.5-40.0 GHz, the power flux-density at the Earth's surface produced by emissions from a geostationary space station for all methods of modulation shall not exceed the following values. ( 1 ) This limit relates to the power flux-density which would be obtained under assumed free space conditions (that is, when no allowance is made for propogation impairments such as rain-fade): −139 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 0 and 5 degrees above the horizontal plane; −139 + 4/3 (δ−5) dB(W/m 2 ) in any 1 MHz band for angles of arrival δ (in degrees) between 5 and 20 degrees above the horizontal plane; and −119 + 0.4 (δ−20) dB(W/m 2 ) in any 1 MHz band for angles of arrival δ (in degrees) between 20 and 25 degrees above the horizontal plane; −117 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 25 and 90 degrees above the horizontal plane; ( 2 ) This limit relates to the maximum power flux-density which would be obtained anywhere on the surface of the Earth during periods when FSS system raises power to compensate for rain-fade conditions at the FSS Earth station: −127 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 0 and 5 degrees above the horizontal plane; −127 + 4/3 (δ−5) dB(W/m 2 ) in any 1 MHz band for angles of arrival δ (in degrees) between 5 and 20 degrees above the horizontal plane; and −107 + 0.4 (δ−20) dB(W/m 2 ) in any 1 MHz band for angles of arrival δ (in degrees) between 20 and 25 degrees above the horizontal plane; −105 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 25 and 90 degrees above the horizontal plane. Note to paragraph ( q ): The conditions under which satellites may exceed the power flux-density limits for normal free space propagation described in paragraph (p)(1) to compensate for the effects of rain fading are under study and have therefore not yet been defined. Such conditions and the extent to which these limits can be exceeded will be the subject of a further rulemaking by the Commission on the satellite service rules. ( r ) In the band 37.5-40.0 GHz, the power flux-density at the Earth's surface produced by emissions from a non-geostationary space station for all methods of modulation shall not exceed the following values: ( 1 ) This limit relates to the power flux-density which would be obtained under assumed free space conditions (that is, when no allowance is made for propogation impairments such as rain-fade): −132 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 0 and 5 degrees above the horizontal plane; −132 + 0.75 (δ−5) dB(W/m 2 ) in any 1 MHz band for angles of arrival δ (in degrees) between 5 and 25 degrees above the horizontal plane; and −117 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 25 and 90 degrees above the horizontal plane; ( 2 ) This limit relates to the maximum power flux-density which would be obtained anywhere on the surface of the Earth during periods when FSS system raises power to compensate for rain-fade conditions at the FSS Earth station: −120 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 0 and 5 degrees above the horizontal plane; −120 + 0.75 (δ−5) dB(W/m 2 ) in any 1 MHz band for angles of arrival δ (in degrees) between 5 and 25 degrees above the horizontal plane; and −105 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 25 and 90 degrees above the horizontal plane. Note to paragraph ( r ): The conditions under which satellites may exceed these power flux-density limits for normal free space propagation described in paragraph (q)(1) to compensate for the effects of rain fading are under study and have therefore not yet been defined. Such conditions and the extent to which these limits can be exceeded will be the subject of a further rulemaking by the Commission on the satellite service rules. ( s ) In the 40.0-40.5 GHz band, the power flux density at the Earth's surface produced by emissions from a space station for all conditions and for all methods of modulation shall not exceed the following values: −115 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 0 and 5 degrees above the horizontal plane; −115 + 0.5 (δ−5) dB(W/m 2 ) in any 1 MHz band for angles of arrival δ (in degrees) between 5 and 25 degrees above the horizontal plane; and −105 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 25 and 90 degrees above the horizontal plane; Note to paragraph ( s ): These limits relate to the power flux-density that would be obtained under assumed free-space propagation conditions. ( t ) In the band 40.5-42.0 GHz, the power flux density at the Earth's surface produced by emissions from a non-geostationary space station for all conditions and for all methods of modulation shall not exceed the following values: −115 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 0 and 5 degrees above the horizontal plane; −115 + 0.5 (δ−5) dB(W/m 2 ) in any 1 MHz band for angles of arrival δ (in degrees) between 5 and 25 degrees above the horizontal plane; and −105 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 25 and 90 degrees above the horizontal plane; Note to paragraph ( t ): These limits relate to the power flux density that would be obtained under assumed free-space propagation conditions. ( u ) In the band 40.5-42.0 GHz, the power flux-density at the Earth's surface produced by emissions from a geostationary space station for all conditions and for all methods of modulation shall not exceed the following values: −120 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 0 and 5 degrees above the horizontal plane; −120 + (δ−5) dB(W/m 2 ) in any 1 MHz band for angles of arrival δ (in degrees) between 5 and 15 degrees above the horizontal plane; −110 + 0.5 (δ−15) dB(W/m 2 ) in any 1 MHz band for angles of arrival δ (in degrees) between 15 and 25 degrees above the horizontal plane; and −105 dB(W/m 2 ) in any 1 MHz band for angles of arrival between 25 and 90 degrees above the horizontal plane; Note to paragraph ( u ): These limits relate to the power flux-density that would be obtained under assumed free-space propagation conditions. ( v ) In the band 2496-2500 MHz, the power flux-density at the Earth's surface produced by emissions from non-geostationary space stations for all conditions and all methods of modulation shall not exceed the following values (these values are obtained under assumed free-space propagation conditions): ( 1 ) −144 dB (W/m^2) in 4 kHz for all angles of arrival between 0 and 5 degrees above the horizontal plane; −144 dB (W/m^2) + 0.65(δ −5) in 4 kHz for all angles of arrival between 5 and 25 degrees above the horizontal plane; and −131 dB (W/m^2) in 4 kHz and for all angles of arrival between 25 and 90 degrees above the horizontal plane. ( 2 ) −126 dB (W/m^2) in 1 MHz for all angles of arrival between 0 and 5 degrees above the horizontal plane; −126 dB (W/m^2) + 0.65(δ −5) in 1 MHz for all angles of arrival between 5 and 25 degrees above the horizontal plane; and −113 dB (W/m^2) in 1 MHz and for all angles of arrival between 25 and 90 degrees above the horizontal plane. ( w ) The aggregate field strength at the earth's surface produced by all visible beams and satellites within each satellite constellation providing SCS service as they move over any given point or area in bands authorized by NG33A in the United States Table of Frequency Allocations and § 25.125 must meet: ( 1 ) 40 dBµV/m for the 600 MHz, 700 MHz, and 800 MHz bands; and ( 2 ) 47 dµV/m for the AWS and PCS bands; and ( 3 ) Licensees must comply with all applicable provisions and requirements of treaties and other international agreements between the United States Government and the governments of other countries, including Canada and Mexico. Absent specific international agreements regarding SCS, licensees must comply with the limited provided in paragraphs (w)(1) and (2) of this section. [ 48 FR 40255 , Sept. 6, 1983] Editorial Note Editorial Note: For Federal Register citations affecting § 25.208 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 25.209 Earth station antenna performance standards. ( a ) Except as provided in paragraph (f) of this section, the co-polarization gain of any earth station antenna operating in the FSS and transmitting to a GSO satellite, including earth stations providing feeder links for satellite services other than FSS, may not exceed the following limits: ( 1 ) In the plane tangent to the GSO arc, as defined in § 25.103 , for earth stations not operating in the conventional Ku-band, the 24.75-25.25 GHz band, or the 27.5-30 GHz band: 29-25log 10 θ dBi for 1.5° ≤ θ ≤ 7°. 8 dBi for 7° < θ ≤ 9.2°. 32-25log 10 θ dBi for 9.2° < θ ≤ 48°. −10 dBi for 48° < θ ≤ 180°. Where θ is the angle in degrees from a line from the earth station antenna to the assigned orbital location of the target satellite, and dBi refers to dB relative to an isotropic radiator. This envelope may be exceeded by up to 3 dB in 10% of the range of θ angles from ±7-180°, and by up to 6 dB in the region of main reflector spillover energy. ( 2 ) In the plane tangent to the GSO arc, for earth stations operating in the conventional Ku-band: 29-25log 10 θ dBi for 1.5° ≤ θ ≤ 7°. 8 dBi for 7° < θ ≤ 9.2°. 32-25log 10 θ dBi for 9.2° < θ ≤ 19.1°. 0 dBi for 19.1° < θ ≤ 180°. Where θ and dBi are as defined in paragraph (a)(1) of this section. This envelope may be exceeded by up to 3 dB in 10% of the range of θ angles from ±7-180°, and by up to 6 dB in the region of main reflector spillover energy. ( 3 ) In the plane tangent to the GSO arc, for earth stations operating in the 24.75-25.25 GHz or 27.5-30 GHz bands: 29-25log 10 θ dBi for 2° ≤ θ ≤ 7°. 8 dBi for 7° < θ ≤ 9.2°. 32-25log 10 θ dBi for 9.2° < θ ≤ 19.1°. 0 dBi for 19.1° < θ ≤ 180°. Where θ and dBi are as defined in paragraph (a)(1) of this section. This envelope may be exceeded by up to 3 dB in 10% of the range of θ angles from ±7-180°, and by up to 6 dB in the region of main reflector spillover energy. ( 4 ) In the plane perpendicular to the GSO arc, as defined in § 25.103 , for earth stations not operating in the conventional Ku-band, the 24.75-25.25 GHz band, or the 27.5-30 GHz band: 32-25log 10 θ dBi for 3° < θ ≤ 48°. −10 dBi for 48° < θ ≤ 180°. Where θ and dBi are as defined in paragraph (a)(1) of this section. This envelope may be exceeded by up to 6 dB in 10% of the range of θ angles from ±3-180°, and by up to 6 dB in the region of main reflector spillover energy. ( 5 ) In the plane perpendicular to the GSO arc, for earth stations operating in the conventional Ku-band: Outside the main beam, the gain of the antenna shall lie below the envelope defined by: 32-25log 10 θ dBi for 3° < θ ≤ 19.1°. 0 dBi for 19.1° < θ ≤ 180°. Where θ and dBi are as defined in paragraph (a)(1) of this section. This envelope may be exceeded by up to 6 dB in 10% of the range of θ angles from ±3-180°, and by up to 6 dB in the region of main reflector spillover energy. ( 6 ) In the plane perpendicular to the GSO arc, for earth stations operating in the 24.75-25.25 GHz or 27.5-30 GHz bands: 32-25log 10 θ dBi for 3.5° < θ ≤ 7°. 10.9 dBi for 7° < θ ≤ 9.2°. 35-25log 10 θ dBi for 9.2° < θ ≤ 19.1°. 3 dBi for 19.1° < θ ≤ 180°. Where θ and dBi are as defined in paragraph (a)(1) of this section. This envelope may be exceeded by up to 6 dB in 10% of the range of θ angles from ±3-180°, and by up to 6 dB in the region of main reflector spillover energy. ( b ) Except as provided in paragraph (f) of this section, the off-axis cross-polarization gain of any antenna used for transmission from an FSS earth station to a GSO satellite, including earth stations providing feeder links for satellite services other than FSS, may not exceed the following limits: ( 1 ) In the plane tangent to the GSO arc, for earth stations not operating in the 24.75-25.25 GHz or 27.5-30 GHz bands: 19-25log 10 θ dBi for 1.8° < θ ≤ 7°. Where θ and dBi are as defined in paragraph (a)(1) of this section. ( 2 ) In the plane perpendicular to the GSO arc, for earth stations not operating in the 24.75-25.25 GHz or 27.5-30 GHz bands: 19-25log 10 θ dBi for 3° < θ ≤ 7°. Where θ and dBi are as defined in paragraph (a)(1) of this section. ( 3 ) In the plane tangent to the GSO arc or in the plane perpendicular to the GSO arc, for earth stations operating in the 24.75-25.25 GHz or 27.5-30 GHz bands: 19-25log 10 θ dBi for 2° < θ ≤ 7°. Where θ and dBi are as defined in paragraph (a)(1) of this section. ( c ) ( 1 ) An earth station licensed for operation with a GSO FSS space station or registered for reception of transmissions from such a space station pursuant to § 25.115(b)(1) and (b)(3) is not entitled to protection from interference from authorized operation of other stations that would not cause harmful interference to that earth station if it were using an antenna with receive-band gain patterns conforming to the levels specified in paragraphs (a) and (b) of this section. ( 2 ) A 17/24 GHz BSS telemetry earth station is not entitled to protection from harmful interference from authorized space station operation that would not cause harmful interference to that earth station if it were using an antenna with receive-band gain patterns conforming to the levels specified in paragraphs (a) and (b) of this section. Receive-only earth stations in the 17/24 GHz BSS are entitled to protection from harmful interference caused by other space stations to the extent indicated in § 25.224 . ( d ) [Reserved] ( e ) An earth station using asymmetrical antennas without skew angle adjustment capability must comply with the gain values specified in paragraph (a)(1) of this section, in the plane orthogonal to the to the main plane of the antenna, or, alternatively, in the plane corresponding to the maximum skew angle experienced at any location at which the earth station may be located. ( f ) A GSO FSS earth station with an antenna that does not conform to the applicable standards in paragraphs (a) and (b) of this section will be authorized only if the applicant demonstrates that the antenna will not cause unacceptable interference. This demonstration must show that the transmissions of the earth station comport with the requirements in § 25.218 or the applicant must demonstrate that the operations of the earth station have been coordinated under § 25.220 . ( g ) [Reserved] ( h ) The gain of any transmitting antenna in a gateway earth station communicating with NGSO FSS satellites in the 10.7-11.7 GHz, 12.75-13.15 GHz, 13.2125-13.25 GHz, 13.8-14.0 GHz, and/or 14.4-14.5 GHz bands must lie below the envelope defined as follows: 29-25log 10 (θ) dBi for 1° ≤ θ ≤ 36°. −10 dBi for 36° ≤ θ ≤ 180°. Where θ and dBi are as defined in paragraph (a)(1) of this section. This envelope may be exceeded by up to 3 dB in 10% of the range of θ angles from ±7-180°. [ 48 FR 40255 , Sept. 6, 1983, as amended at 50 FR 2675 , Jan. 18, 1985; 50 FR 39004 , Sept. 26, 1985; 58 FR 13420 , Mar. 11, 1993; 66 FR 10630 , Feb. 16, 2001; 70 FR 32255 , June 2, 2005; 72 FR 50029 , Aug. 29, 2007; 73 FR 70901 , Nov. 24, 2008; 74 FR 57099 , Nov. 4, 2009; 78 FR 8427 , Feb. 6, 2013; 78 FR 14927 , Mar. 8, 2013; 79 FR 8322 , Feb. 12, 2014; 81 FR 55336 , Aug. 18, 2016; 83 FR 34491 , July 20, 2018; 84 FR 53655 , Oct. 8, 2019; 85 FR 44787 , July 24, 2020; 87 FR 72406 , Nov. 25, 2022] § 25.210 Technical requirements for space stations. ( a ) - ( b ) [Reserved] ( c ) Space station antennas operating in the Direct Broadcast Satellite Service or operating in the Fixed-Satellite Service for reception of feeder links for Direct Broadcast Satellite Service must be designed to provide a cross-polarization isolation such that the ratio of the on-axis co-polar gain to the cross-polar gain of the antenna in the assigned frequency band is at least 27 dB within the primary coverage area. ( d ) - ( e ) [Reserved] ( f ) All space stations in the Fixed-Satellite Service operating in any portion of the 3600-4200 MHz, 5091-5250 MHz, 5850-7025 MHz, 10.7-12.7 GHz, 12.75-13.25 GHz, 13.75-14.5 GHz, 15.43-15.63 GHz, 17.3-17.8 GHz (space-to-Earth), 18.3-20.2 GHz, 24.75-25.25 GHz, or 27.5-30.0 GHz bands, including feeder links for other space services, and in the Broadcasting-Satellite Service in the 17.3-17.8 GHz band (space-to-Earth), shall employ state-of-the-art full frequency reuse, either through the use of orthogonal polarizations within the same beam and/or the use of spatially independent beams. This requirement does not apply to telemetry, tracking, and command operation. ( g ) - ( i ) [Reserved] ( j ) Space stations operated in the geostationary satellite orbit must be maintained within 0.05° of their assigned orbital longitude in the east/west direction, unless specifically authorized by the Commission to operate with a different longitudinal tolerance, and except as provided in Section 25.283(b) (End-of-life Disposal). [ 58 FR 13420 , Mar. 11, 1993, as amended at 61 FR 9952 , Mar. 12, 1996; 62 FR 5931 , Feb. 10, 1997; 62 FR 61457 , Nov. 18, 1997; 68 FR 51508 , Aug. 27, 2003; 69 FR 54587 , Sept. 9, 2004; 70 FR 32256 , June 2, 2005; 72 FR 50029 , Aug. 29, 2007; 78 FR 8428 , Feb. 6, 2013; 79 FR 8323 , Feb. 12, 2014; 81 FR 55338 , Aug. 18, 2016; 83 FR 34491 , July 20, 2018; 87 FR 72406 , Nov. 25, 2022] § 25.211 Analog video transmissions in the FSS. ( a ) [Reserved] ( b ) All conventional C-band analog video transmissions must contain an energy dispersal signal at all times with a minimum peak-to-peak bandwidth set at whatever value is necessary to meet the power flux density limits specified in § 25.208(a) and successfully coordinated internationally and accepted by adjacent U.S. satellite operators based on the use of state of the art space and earth station facilities. All transmissions in frequency bands described in § 25.208(b) and (c) must also contain an energy dispersal signal at all times with a minimum peak-to-peak bandwidth set at whatever value is necessary to meet the power flux density limits specified in § 25.208(b) and (c) and successfully coordinated internationally and accepted by adjacent U.S. satellite operators based on the use of state of the art space and earth station facilities. ( c ) All initial analog video transmissions shall be preceded by a video test transmission at an uplink e.i.r.p. at least 10 dB below the normal operating level. The earth station operator shall not increase power until receiving notification from the satellite network control center that the frequency and polarization alignment are satisfactory pursuant to the procedures specified in § 25.272 . The stationary earth station operator that has successfully transmitted an initial video test signal to a satellite pursuant to this paragraph is not required to make subsequent video test transmissions if subsequent transmissions are conducted using exactly the same parameters as the initial transmission. ( d ) An earth station may be routinely licensed for transmission of full-transponder analog video services in the 5925-6425 MHz band or 14.0-14.5 GHz band provided: ( 1 ) The application includes certification, pursuant to § 25.132(a)(1) , of conformance with the antenna performance standards in § 25.209(a) and (b) ; ( 2 ) For transmission in the 5925-6425 MHz band, the input power into the antenna will not exceed 26.5 dBW; or ( 3 ) For transmission in the 14.0-14.5 GHz band, the input power into the antenna will not exceed 27 dBW. ( e ) Applications for authority for analog video uplink transmission in the 5925-6425 MHz or 14.0-14.5 GHz bands that are not eligible for routine processing under paragraph (d) of this section are subject to the requirements of § 25.220 . [ 58 FR 13421 , Mar. 11, 1993, as amended at 61 FR 9952 , Mar. 12, 1996; 62 FR 5931 , Feb. 10, 1997; 70 FR 32256 , June 2, 2005; 78 FR 8428 , Feb. 6, 2013; 79 FR 8323 , Feb. 12, 2014; 81 FR 55338 , Aug. 18, 2016] § 25.212 Narrowband analog transmissions and digital transmissions in the GSO FSS. ( a ) Except as otherwise provided by this part, criteria for unacceptable levels of interference caused by other satellite networks shall be established on the basis of nominal operating conditions and with the objective of minimizing orbital separations between satellites. ( b ) Emissions with an occupied bandwidth of less than 2 MHz are not protected from interference from wider bandwidth transmissions if the r.f. carrier frequency of the narrowband signal is within ±1 MHz of one of the frequencies specified in § 25.211(a) . ( c ) ( 1 ) An earth station, other than an ESIM, may be routinely licensed for analog transmissions in the conventional Ku-band or the extended Ku-band with bandwidths up to 200 kHz (or up to 1 MHz for command carriers at the band edge) if the input power spectral density into the antenna will not exceed −8 dBW/4 kHz, and the application includes certification pursuant to § 25.132(a)(1) of conformance with the antenna gain performance requirements in § 25.209(a) and (b) . ( 2 ) An earth station may be routinely licensed for digital transmission, including digital video transmission, in the conventional Ku-band, or, except for an ESIM, in the extended Ku-band, if input power spectral density into the antenna will not exceed −14 dBW/4 kHz and the application includes certification pursuant to § 25.132(a)(1) of conformance with the antenna gain performance requirements in § 25.209(a) and (b) . ( d ) An individual earth station may be routinely licensed for digital transmission in the conventional C-band or, except for an ESIM, in the extended C-band, if the applicant certifies conformance with relevant antenna performance standards in § 25.209(a) and (b) , and power density into the antenna will not exceed −2.7 dBW/4 kHz. An individual earth station, other than an ESIM, may be routinely licensed for analog transmission with carrier bandwidths up to 200 kHz (or up to 1 MHz for command carriers at the band edge) in the conventional C-band or the extended C-band, if the applicant certifies conformance with relevant antenna performance standards in § 25.209(a) and (b) , and power density into the antenna will not exceed +0.5 dBW/4 kHz. ( e ) An earth station may be routinely licensed for digital transmission in the conventional or extended Ka-bands if the input power spectral density into the antenna will not exceed 3.5 dBW/MHz and the application includes certification pursuant to § 25.132(a)(1) of conformance with the antenna gain performance requirements in § 25.209(a) and (b) . ( f ) In the 24.75-25.25 GHz band, an earth station that meets the antenna gain pattern requirements set forth in § 25.209(a) and (b) of this part may be routinely licensed if the maximum power density into the antenna does not exceed 3.5 dBW/MHz. ( g ) A license application for earth station operation in a network using variable power density control of earth stations transmitting simultaneously in shared frequencies to the same target satellite receiving beam may be routinely processed if the applicant certifies that the aggregate off-axis EIRP density from all co-frequency earth stations transmitting simultaneously to the same target satellite receiving beam, not resulting from colliding data bursts transmitted pursuant to a contention protocol, will not exceed the applicable off-axis EIRP density limits permissible for a single earth station, as specified in § 25.218 . ( h ) Applications for authority for fixed earth station operation in the conventional C-band, the extended C-band, the conventional Ku-band, the extended Ku-band, the conventional Ka-band, or the extended Ka-band that do not qualify for routine processing under relevant criteria in this section, § 25.211 , or § 25.218 are subject to the requirements in § 25.220 . [ 58 FR 13421 , Mar. 11, 1993, as amended at 62 FR 5931 , Feb. 10, 1997; 62 FR 51378 , Oct. 1, 1997; 70 FR 32256 , June 2, 2005; 70 FR 33376 , June 8, 2005; 72 FR 50030 , Aug. 29, 2007; 73 FR 70902 , Nov. 24, 2008; 78 FR 8428 , Feb. 6, 2013; 79 FR 8323 , Feb. 12, 2014; 81 FR 55338 , Aug. 18, 2016; 84 FR 53655 , Oct. 8, 2019; 87 FR 72406 , Nov. 25, 2022] § 25.213 Inter-Service coordination requirements for the 1.6/2.4 GHz Mobile-Satellite Service. ( a ) Protection of the radio astronomy service in the 1610.6-1613.8 MHz band against interference from 1.6/2.4 GHz Mobile-Satellite Service systems. ( 1 ) Protection zones. All 1.6/2.4 GHz Mobile-Satellite Service systems shall be capable of determining the position of the user transceivers accessing the space segment through either internal radiodetermination calculations or external sources such as LORAN-C or the Global Positioning System. ( i ) In the band 1610.6-1613.8 MHz, within a 160 km radius of the following radio astronomy sites: Observatory Latitude (DMS) Longitude (DMS) Arecibo, PR 18 20 46 66 45 11 Green Bank Telescope, WV 38 25 59 79 50 24 38 26 09 79 49 42 Very Large Array, NM 34 04 43 107 37 04 Owens Valley, CA 37 13 54 118 17 36 Ohio State, OH 40 15 06 83 02 54 ( ii ) In the band 1610.6-1613.8 MHz, within a 50 km radius of the following sites: Observatory Latitude (DMS) Longitude (DMS) Pile Town, NM 34 18 04 108 07 07 Los Alamos, NM 35 46 30 106 14 42 Kitt Peak, AZ 31 57 22 111 36 42 Ft. Davis, TX 30 38 06 103 56 39 N. Liberty, IA 41 46 17 91 34 26 Brewster, WA 48 07 53 119 40 55 Owens Valley, CA 37 13 54 118 16 34 St. Croix, VI 17 45 31 64 35 03 Mauna Kea, HI 19 48 16 155 27 29 Hancock, NH 42 56 01 71 59 12 ( iii ) Out-of-band emissions of a mobile earth station licensed to operate within the 1610.0-1626.5 MHz band shall be attenuated so that the power flux density it produces in the 1610.6-1613.8 MHz band at any radio astronomy site listed in paragraph (a)(1) (i) or (ii) of this section shall not exceed the emissions of a mobile earth station operating within the 1610.6-1613.8 MHz band at the edge of the protection zone applicable for that site. As an alternative, a mobile earth station shall not operate during radio astronomy observations within the 1613.8-1615.8 MHz band within 100 km of the radio astronomy sites listed in paragraph (a)(1)(i) of this section, and within 30 km of the sites listed in paragraph (a)(1)(ii) of this section, there being no restriction on a mobile earth station operating within the 1615.8-1626.5 MHz band. ( iv ) For airborne mobile earth stations operating in the 1610.0-1626.5 MHz band, the separation distance shall be the larger of the distances specified in paragraph (a)(1) (i) , (ii) or (iii) of this section, as applicable, or the distance, d, as given by the formula: d (km) = 4.1 square root of (h) where h is the altitude of the aircraft in meters above ground level. ( v ) Smaller geographic protection zones may be used in lieu of the areas specified in paragraphs (a)(1) (i) , (ii) , (iii) , and (iv) of this section if agreed to by the Mobile-Satellite Service licensee and the Electromagnetic Spectrum Management Unit (ESMU), National Science Foundation, Washington, D.C. upon a showing by the Mobile-Satellite Service licensee that the operation of a mobile earth station will not cause harmful interference to a radio astronomy observatory during periods of observation. ( vi ) The ESMU shall notify Mobile-Satellite Service space station licensees authorized to operate mobile earth stations in the 1610.0-1626.5 MHz band of periods of radio astronomy observations. The Mobile-Satellite systems shall be capable of terminating operations within the frequency bands and protection zones specified in paragraphs (a)(1)(i) through (iv) of this section, as applicable, after the first position fix of the mobile earth station either prior to transmission or, based upon its location within the protection zone at the time of initial transmission of the mobile earth station. Once the Mobile-Satellite Service system determines that a mobile earth station is located within an RAS protection zone, the Mobile-Satellite Service system shall immediately initiate procedures to relocate the mobile earth station operations to a non-RAS frequency. ( vii ) A beacon-actuated protection zone may be used in lieu of fixed protection zones in the 1610.6-1613.8 MHz band if a coordination agreement is reached between a mobile-satellite system licensee and the ESMU on the specifics of beacon operations. ( viii ) Additional radio astronomy sites, not located within 100 miles of the 100 most populous urbanized areas as defined by the United States Census Bureau at the time, may be afforded similar protection one year after notice to the mobile-satellite system licensees by issuance of a public notice by the Commission. ( 2 ) Mobile-Satellite Service space stations transmitting in the 1613.8-1626.5 MHz band shall take whatever steps necessary to avoid causing harmful interference to the radio astronomy facilities listed in paragraphs (a)(1)(i) and (ii) of this section during periods of observation. ( 3 ) Mobile-Satellite Service space stations operating in the 2483.5-2500 MHz frequency band shall limit spurious emission levels in the 4990-5000 MHz band so as not to exceed −241 dB (W/m 2 /Hz) at the surface of the Earth. ( 4 ) The Radioastronomy Service shall avoid scheduling radio astronomy observations during peak MSS/RDSS traffic periods to the greatest extent practicable. ( b ) If a Mobile-Satellite Service space station operator in the 2496-2500 MHz band intends to operate at powers levels that exceed the PFD limits in § 25.208(v) , or if actual operations routinely exceed these PFD limits, we require the Mobile-Satellite Service operator to receive approval from each operational BRS system in the affected geographical region. [ 59 FR 53329 , Oct. 21, 1994, as amended at 61 FR 9945 , Mar. 12, 1996; 67 FR 61816 , Oct. 2, 2002; 71 FR 35188 , June 19, 2006; 78 FR 8428 , Feb. 6, 2013] § 25.214 Technical requirements for space stations in the Satellite Digital Audio Radio Service and associated terrestrial repeaters. ( a ) [Reserved] ( b ) Each system authorized under this section will be conditioned upon construction, launch and operation milestones as outlined in § 25.144(b) . The failure to meet any of the milestones contained in an authorization will result in its cancellation, unless such failure is due to circumstances beyond the licensee's control or unless otherwise determined by the Commission upon proper showing by the licensee in any particular case. ( c ) Frequency assignments will be made for each satellite DARS system as follows: ( 1 ) Exclusive SDARS licenses are limited to the 2320-2345 MHz segment of the 2310-2360 MHz allocated bandwidth for SDARS; ( 2 ) Two, 12.5 MHz frequency assignments are available for satellite DARS: 2320.0-2332.5 MHz and 2332.5-2345.0 MHz; ( 3 ) Satellite DARS licensees may reduce their assigned bandwidth occupancy to provide telemetry beacons in their exclusive frequency assignments; ( 4 ) Each licensee may employ cross polarization within its exclusive frequency assignment and/or may employ cross polarized transmissions in frequency assignments of other satellite DARS licensees under mutual agreement with those licensees. Licensees who come to mutual agreement to use cross-polarized transmissions shall apply to the Commission for approval of the agreement before coordination is initiated with other administrations by the licensee of the exclusive frequency assignment; and ( 5 ) Feeder uplink networks are permitted in the following Fixed-Satellite Service frequency bands: 7025-7075 MHz and 6725-7025 MHz (101° W.L. orbital location only). ( d ) Power limit for SDARS terrestrial repeaters. ( 1 ) SDARS terrestrial repeaters must be operated at a power level less than or equal to 12-kW average EIRP, with a maximum peak-to-average power ratio of 13 dB. ( 2 ) SDARS repeaters are permitted to operate at power levels above 12-kW average EIRP, unless a potentially affected WCS licensee provides written notice that it intends to commence commercial service within the following 365 days. Starting 180 days after receipt of such written notice, SDARS repeaters within the area notified by the potentially affected WCS licensee must be operated at a power level less than or equal to 12-kW average EIRP, with a maximum peak-to-average power ratio of 13 dB. ( 3 ) For the purpose of this section, a WCS licensee is potentially affected if it is authorized to operate a base station in the 2305-2315 MHz or 2350-2360 MHz bands within 25 kilometers of a repeater seeking to operate with a power level greater than that prescribed in paragraph (d)(1) of this section. [ 62 FR 11106 , Mar. 11, 1997, as amended at 75 FR 45068 , Aug. 2, 2010; 78 FR 8429 , Feb. 6, 2013; 78 FR 9619 , Feb. 11, 2013; 79 FR 8323 , Feb. 12, 2014] § 25.215 [Reserved] § 25.216 Limits on emissions from mobile earth stations for protection of aeronautical radionavigation-satellite service. ( a ) The e.i.r.p. density of emissions from mobile earth stations placed in service on or before July 21, 2002 with assigned uplink frequencies between 1610 MHz and 1660.5 MHz shall not exceed −70 dBW/MHz, averaged over any 2 millisecond active transmission interval, in the band 1559-1587.42 MHz. The e.i.r.p. of discrete emissions of less than 700 Hz bandwidth generated by such stations shall not exceed −80 dBW, averaged over any 2 millisecond active transmission interval, in that band. ( b ) The e.i.r.p. density of emissions from mobile earth stations placed in service on or before July 21, 2002 with assigned uplink frequencies between 1610 MHz and 1626.5 MHz shall not exceed −64 dBW/MHz, averaged over any 2 millisecond active transmission interval, in the band 1587.42-1605 MHz. The e.i.r.p. of discrete emissions of less than 700 Hz bandwidth generated by such stations shall not exceed −74 dBW, averaged over any 2 millisecond active transmission interval, in the 1587.42-1605 MHz band. ( c ) The e.i.r.p. density of emissions from mobile earth stations placed in service after July 21, 2002 with assigned uplink frequencies between 1610 MHz and 1660.5 MHz shall not exceed −70 dBW/MHz, averaged over any 2 millisecond active transmission interval, in the band 1559-1605 MHz. The e.i.r.p. of discrete emissions of less than 700 Hz bandwidth from such stations shall not exceed −80 dBW, averaged over any 2 millisecond active transmission interval, in the 1559-1605 MHz band. ( d ) As of January 1, 2005, the e.i.r.p. density of emissions from mobile earth stations placed in service on or before July 21, 2002 with assigned uplink frequencies between 1610 MHz and 1660.5 MHz (except Standard A and B Inmarsat terminals used as Global Maritime Distress and Safety System ship earth stations) shall not exceed −70dBW/MHz, averaged over any 2 millisecond active transmission interval, in the 1559-1605 MHz band. The e.i.r.p. of discrete emissions of less than 700 Hz bandwidth from such stations shall not exceed −80 dBW, averaged over any 2 millisecond active transmission interval, in the 1559-1605 MHz band. Standard A Inmarsat terminals used as Global Maritime Distress and Safety System ship earth stations that do not meet the e.i.r.p. density limits specified in this paragraph may continue operation until December 31, 2007. Inmarsat-B terminals manufactured more than six months after Federal Register publication of the rule changes adopted in FCC 03-283 must meet these limits. Inmarsat B terminals manufactured before then are temporarily grandfathered under the condition that no interference is caused by these terminals to aeronautical satellite radio-navigation systems. The full-compliance deadline for grandfathered Inmarsat-B terminals is December 31, 2012. ( e ) The e.i.r.p density of emissions from mobile earth stations with assigned uplink frequencies between 1990 MHz and 2025 MHz shall not exceed −70 dBW/MHz, averaged over any 2 millisecond active transmission interval, in frequencies between 1559 MHz and 1610 MHz. The e.i.r.p. of discrete emissions of less than 700 Hz bandwidth from such stations between 1559 MHz and 1605 MHz shall not exceed −80 dBW, averaged over any 2 millisecond active transmission interval. The e.i.r.p. of discrete emissions of less than 700 Hz bandwidth from such stations between 1605 MHz and 1610 MHz manufactured more than six months after Federal Register publication of the rule changes adopted in FCC 03-283 shall not exceed −80 dBW, averaged over any 2 millisecond active transmission interval. ( f ) Mobile earth stations placed in service after July 21, 2002 with assigned uplink frequencies in the 1610-1660.5 MHz band shall suppress the power density of emissions in the 1605-1610 MHz band to an extent determined by linear interpolation from −70 dBW/MHz at 1605 MHz to −10 dBW/MHz at 1610 MHz. ( g ) Mobile earth stations manufactured more than six months after Federal Register publication of the rule changes adopted in FCC 03-283 with assigned uplink frequencies in the 1610-1626.5 MHz band shall suppress the power density of emissions in the 1605-1610 MHz band-segment to an extent determined by linear interpolation from −70 dBW/MHz at 1605 MHz to −10 dBW/MHz at 1610 MHz averaged over any 2 millisecond active transmission interval. The e.i.r.p of discrete emissions of less than 700 Hz bandwidth from such stations shall not exceed a level determined by linear interpolation from −80 dBW at 1605 MHz to −20 dBW at 1610 MHz, averaged over any 2 millisecond active transmission interval. ( h ) Mobile earth stations manufactured more than six months after Federal Register publication of the rule changes adopted in FCC 03-283 with assigned uplink frequencies in the 1626.5-1660.5 MHz band shall suppress the power density of emissions in the 1605-1610 MHz band-segment to an extent determined by linear interpolation from −70 dBW/MHz at 1605 MHz to −46 dBW/MHz at 1610 MHz, averaged over any 2 millisecond active transmission interval. The e.i.r.p of discrete emissions of less than 700 Hz bandwidth from such stations shall not exceed a level determined by linear interpolation from −80 dBW at 1605 MHz to −56 dBW at 1610 MHz, averaged over any 2 millisecond active transmission interval. ( i ) The e.i.r.p density of carrier-off state emissions from mobile earth stations manufactured more than six months after Federal Register publication of the rule changes adopted in FCC 03-283 with assigned uplink frequencies between 1 and 3 GHz shall not exceed −80 dBW/MHz in the 1559-1610 MHz band averaged over any two millisecond interval. ( j ) A Root-Mean-Square detector shall be used for all power density measurements. [ 69 FR 5710 , Feb. 6, 2004, as amended at 70 FR 19318 , Apr. 13, 2005] § 25.217 Default service rules. ( a ) The technical rules in this section apply only to licenses to operate a satellite system in a frequency band granted after a domestic frequency allocation has been adopted for that frequency band, but before any frequency-band-specific service rules have been adopted for that frequency band. ( b ) ( 1 ) For all NGSO-like satellite licenses, except as specified in paragraph (b)(4) of this section, for which the application was filed pursuant to the procedures set forth in § 25.157 after August 27, 2003, authorizing operations in a frequency band for which the Commission has not adopted frequency band-specific service rules at the time the license is granted, the licensee will be required to comply with the technical requirements in paragraphs (b)(2) through (4) of this section, notwithstanding the frequency bands specified in these sections: §§ 25.143(b)(2)(ii) (except NGSO FSS systems) and (iii) (except NGSO FSS systems), 25.204(e), and 25.210(f) and (i). ( 2 ) In addition to the requirements set forth in paragraph (b)(1) of this section, the Commission will coordinate with the National Telecommunications and Information Administration (NTIA) regarding the operations of any licensees authorized to operate in a shared government/non-government frequency band, pursuant to the procedure set forth in § 25.142(b)(2)(ii) . ( 3 ) Mobile earth station licensees authorized to operate with one or more space stations subject to paragraph (b)(1) of this section must comply with the requirements in §§ 25.285 and 25.287 , notwithstanding the frequency bands specified in those sections. In addition, earth station licensees authorized to operate with one or more space stations described in paragraph (b)(1) of this section in frequency bands shared with terrestrial wireless services shall comply with the requirements in § 25.203(c) . ( 4 ) For all small satellite licensees, for which the application was filed pursuant to § 25.122 or § 25.123 , authorizing operations in a frequency band for which the Commission has not adopted frequency-band specific service rules at the time the license is granted, the licensee will not be required to comply with the technical requirements specified in this section. ( c ) ( 1 ) For all GSO-like satellite licenses for which the application was filed pursuant to the procedures set forth in § 25.158 after August 27, 2003, authorizing operations in a frequency band for which the Commission has not adopted frequency band-specific service rules at the time the license is granted, the licensee will be required to comply with the following technical requirements, notwithstanding the frequency bands specified in these rule provisions: §§ 25.143(b)(2)(iv) , 25.204(e) , and 25.210(f) , (i) , and (j) . ( 2 ) In addition to the requirements set forth in paragraph (c)(1) of this section, the Commission will coordinate with the National Telecommunications and Information Administration (NTIA) regarding the operations of any licensees authorized to operate in a shared government/non-government frequency band, pursuant to the procedure set forth in § 25.142(b)(2)(ii) . ( 3 ) Earth station licensees authorized to operate with one or more space stations described in paragraph (c)(1) of this section shall comply with the earth station antenna performance verification requirements in § 25.132 , and the antenna gain pattern requirements in § 25.209(a) and (b) . In addition, earth station licensees authorized to operate with one or more space stations described in paragraph (c)(1) of this paragraph in frequency bands shared with terrestrial wireless services shall comply with the requirements in § 25.203(c) . ( 4 ) In addition to the requirements set forth in paragraph (c)(3) of this section, earth station licensees with a gain equivalent or higher than the gain of a 1.2 meter antenna operating in the 14.0-14.5 GHz band, authorized to operate with one or more space stations described in paragraph (c)(1) of this paragraph in frequency bands greater than 14.5 GHz shall be required to comply with the antenna input power density requirements set forth in § 25.212(c) . ( d ) [Reserved] ( e ) In the event that the Commission adopts frequency band-specific service rules for a particular frequency band after it has granted one or more space station or earth station licenses for operations in that frequency band, those licensees will be required to come into compliance with the frequency band-specific service rules within 30 days of the effective date of those rules, unless otherwise specified by either Commission or Bureau Order. [ 68 FR 51508 , Aug. 27, 2003, as amended at 70 FR 59277 , Oct. 12, 2005; 79 FR 8323 , Feb. 12, 2014; 82 FR 59986 , Dec. 18, 2017; 85 FR 43735 , July 20, 2020; 86 FR 11644 , Feb. 26, 2021] § 25.218 Off-axis EIRP density envelopes for FSS earth stations transmitting in certain frequency bands. ( a ) Applicability. This section applies to applications for fixed and temporary-fixed FSS earth stations transmitting to geostationary space stations in the conventional C-band, extended C-band, conventional Ku-band, extended Ku-band, conventional Ka-band, extended Ka-band, or 24.75-25.25 GHz, and applications for ESIMs transmitting in the conventional C-band, conventional Ku-band, conventional Ka-band, except for applications proposing transmission of analog command signals at a band edge with bandwidths greater than 1 MHz or transmission of any other type of analog signal with bandwidths greater than 200 kHz. ( b ) Routine processing. Earth station applications subject to this section may be routinely processed if they meet the applicable off-axis EIRP density envelopes set forth in this section. ( c ) Analog earth station operation in the conventional or extended C-bands. ( 1 ) For co-polarized transmissions in the plane tangent to the GSO arc, as defined in § 25.103 : 29.5-25log 10 θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°. 8.5 dBW/4 kHz for 7° < θ ≤ 9.2°. 32.5-25log 10 θ dBW/4 kHz for 9.2° < θ ≤ 48°. −9.5 dBW/4 kHz for 48° < θ ≤ 180°. Where θ is the angle in degrees from a line from the earth station antenna to the assigned orbital location of the target satellite. The EIRP density levels specified for θ > 7° may be exceeded by up to 3 dB in up to 10% of the range of theta (θ) angles from ±7-180°, and by up to 6 dB in the region of main reflector spillover energy. ( 2 ) For co-polarized transmissions in the plane perpendicular to the GSO arc, as defined in § 25.103 : 32.5-25log 10 θ dBW/4 kHz for 3° ≤ θ ≤ 48°. −9.5 dBW/4 kHz for 48° < θ ≤ 180°. Where θ is as defined in paragraph (c)(1) of this section. These EIRP density levels may be exceeded by up to 6 dB in the region of main reflector spillover energy and in up to 10% of the range of θ angles not included in that region, on each side of the line from the earth station to the target satellite. ( 3 ) For cross-polarized transmissions in the plane tangent to the GSO arc and in the plane perpendicular to the GSO arc: 19.5-25log 10 θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°. Where θ is as defined in paragraph (c)(1) of this section. ( d ) Digital earth station operation in the conventional or extended C-bands. ( 1 ) For co-polarized transmissions in the plane tangent to the GSO arc: 26.3-25log 10 θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°. 5.3 dBW/4 kHz for 7° < θ ≤ 9.2°. 29.3-25log 10 θ dBW/4 kHz for 9.2° < θ ≤ 48°. −12.7 dBW/4 kHz for 48° < θ ≤ 180°. Where θ is as defined in paragraph (c)(1) of this section. The EIRP density levels specified for θ > 7° may be exceeded by up to 3 dB in up to 10% of the range of theta (θ) angles from ±7-180°, and by up to 6 dB in the region of main reflector spillover energy. ( 2 ) For co-polarized transmissions in the plane perpendicular to the GSO arc: 29.3-25log 10 θ dBW/4 kHz for 3° ≤ θ ≤ 48°. −12.7 dBW/4 kHz for 48° < θ ≤ 180°. Where θ is as defined in paragraph (c)(1) of this section. These EIRP density levels may be exceeded by up to 6 dB in the region of main reflector spillover energy and in up to 10% of the range of θ angles not included in that region, on each side of the line from the earth station to the target satellite. ( 3 ) For cross-polarized transmissions in the plane tangent to the GSO arc and in the plane perpendicular to the GSO arc: 16.3-25log 10 θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°. Where θ is as defined in paragraph (c)(1) of this section. ( 4 ) A license application for earth station operation in a network using variable power density control of earth stations transmitting simultaneously in shared frequencies to the same target satellite receiving beam may be routinely processed if the applicant certifies that the aggregate off-axis EIRP density from all co-frequency earth stations transmitting simultaneously to the same target satellite receiving beam, not resulting from colliding data bursts transmitted pursuant to a contention protocol, will not exceed the off-axis EIRP density limits permissible for a single earth station, as specified in paragraphs (d)(1) through (d)(3) of this section. ( e ) Analog earth station operation in the conventional Ku-band. ( 1 ) For co-polarized transmissions in the plane tangent to the GSO arc: 21-25log 10 θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°. 0 dBW/4 kHz for 7° < θ ≤ 9.2°. 24-25log 10 θ dBW/4 kHz for 9.2° < θ ≤ 19.1°. −8 dBW/4 kHz for 19.1° < θ ≤ 180°. Where θ is as defined in paragraph (c)(1) of this section. The EIRP density levels specified for θ > 7° may be exceeded by up to 3 dB in up to 10% of the range of theta (θ) angles from ±7-180°, and by up to 6 dB in the region of main reflector spillover energy. ( 2 ) For co-polarized transmissions in the plane perpendicular to the GSO arc: 24-25log 10 θ dBW/4 kHz for 3° ≤ θ ≤ 19.1°. −8 dBW/4 kHz for 19.1° < θ ≤ 180°. Where θ is as defined in paragraph (c)(1) of this section. These EIRP density levels may be exceeded by up to 6 dB in the region of main reflector spillover energy and in up to 10% of the range of θ angles not included in that region, on each side of the line from the earth station to the target satellite. ( 3 ) For cross-polarized transmissions in the plane tangent to the GSO arc and in the plane perpendicular to the GSO arc: 11-25log 10 θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°. Where θ is as defined in paragraph (c)(1) of this section. ( f ) Digital earth station operation in the conventional Ku-band. ( 1 ) For co-polarized transmissions in the plane tangent to the GSO arc: 15-25log 10 θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°. −6 dBW/4 kHz for 7° < θ ≤ 9.2°. 18-25log 10 θ dBW/4 kHz for 9.2° < θ ≤ 19.1°. −14 dBW/4 kHz for 19.1° < θ ≤ 180°. Where θ is as defined in paragraph (c)(1) of this section. The EIRP density levels specified for θ > 7° may be exceeded by up to 3 dB in up to 10% of the range of theta (θ) angles from ±7-180°, and by up to 6 dB in the region of main reflector spillover energy. ( 2 ) For co-polarized transmissions in the plane perpendicular to the GSO arc: 18-25log 10 θ dBW/4 kHz for 3° ≤ θ ≤ 19.1°. −14 dBW/4 kHz for 19.1° < θ ≤ 180°. Where θ is as defined in paragraph (c)(1) of this section. These EIRP density levels may be exceeded by up to 6 dB in the region of main reflector spillover energy and in up to 10% of the range of θ angles not included in that region, on each side of the line from the earth station to the target satellite. ( 3 ) For cross-polarized transmissions in the plane tangent to the GSO arc and in the plane perpendicular to the GSO arc: 5-25log 10 θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°. Where θ is as defined in paragraph (c)(1) of this section. ( 4 ) A license application for earth station operation in a network using variable power density control of earth stations transmitting simultaneously in shared frequencies to the same target satellite receiving beam may be routinely processed if the applicant certifies that the aggregate off-axis EIRP density from all co-frequency earth stations transmitting simultaneously to the same target satellite receiving beam, not resulting from colliding data bursts transmitted pursuant to a contention protocol, will not exceed the off-axis EIRP density limits permissible for a single earth station, as specified in paragraphs (f)(1) through -(f)(3) of this section. ( g ) Analog earth station operation in the extended Ku-band. ( 1 ) For co-polarized transmissions in the plane tangent to the GSO arc: 21-25log 10 θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°. 0 dBW/4 kHz for 7° < θ ≤ 9.2°. 24-25log 10 θ dBW/4 kHz for 9.2° < θ ≤ 48°. −18 dBW/4 kHz for 48° < θ ≤ 180°. Where θ is as defined in paragraph (c)(1) of this section, and N is as defined in paragraph (d)(1) of this section. The EIRP density levels specified for θ > 7° may be exceeded by up to 3 dB in up to 10% of the range of theta (θ) angles from ±7-180°, and by up to 6 dB in the region of main reflector spillover energy. ( 2 ) For co-polarized transmissions in the plane perpendicular to the GSO arc: 24-25log 10 θ dBW/4 kHz for 3° ≤ θ ≤ 48°. −18 dBW/4 kHz for 48° < θ ≤ 180°. Where θ is as defined in paragraph (c)(1) of this section. These EIRP density levels may be exceeded by up to 6 dB in the region of main reflector spillover energy and in up to 10% of the range of θ angles not included in that region, on each side of the line from the earth station to the target satellite. ( 3 ) For cross-polarized transmissions in the plane tangent to the GSO arc and in the plane perpendicular to the GSO arc: 11-25log 10 θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°. Where θ is as defined in paragraph (c)(1) of this section. ( h ) Digital earth station operation in the extended Ku-band. ( 1 ) For co-polarized transmissions in the plane tangent to the GSO arc: 15-25log 10 θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°. −6 dBW/4 kHz for 7° < θ ≤ 9.2°. 18-25log 10 θ dBW/4 kHz for 9.2° < θ ≤ 48°. −24 dBW/4 kHz for 48° < θ ≤ 180°. Where θ is as defined in paragraph (c)(1) of this section. The EIRP density levels specified for θ > 7° may be exceeded by up to 3 dB in up to 10% of the range of theta (θ) angles from ±7-180°, and by up to 6 dB in the region of main reflector spillover energy. ( 2 ) For co-polarized transmissions in the plane perpendicular to the GSO arc: 18-25log 10 θ dBW/4 kHz for 3° ≤ θ ≤ 48°. −24 dBW/4 kHz for 48° < θ ≤ 85°. Where θ is as defined in paragraph (c)(1) of this section. These EIRP density levels may be exceeded by up to 6 dB in the region of main reflector spillover energy and in up to 10% of the range of θ angles not included in that region, on each side of the line from the earth station to the target satellite. ( 3 ) For cross-polarized transmissions in the plane tangent to the GSO arc and in the plane perpendicular to the GSO arc: 5-25log 10 θ dBW/4 kHz for 1.5° ≤ θ ≤ 7°. Where θ is as defined in paragraph (c)(1) of this section. ( 4 ) A license application for earth station operation in a network using variable power density control of earth stations transmitting simultaneously in shared frequencies to the same target satellite receiving beam may be routinely processed if the applicant certifies that the aggregate off-axis EIRP density from all co-frequency earth stations transmitting simultaneously to the same target satellite receiving beam, not resulting from colliding data bursts transmitted pursuant to a contention protocol, will not exceed the off-axis EIRP density limits permissible for a single earth station, as specified in paragraphs (h)(1) through (h)(3) of this section. ( i ) Digital earth station operation in the conventional or extended Ka-band. ( 1 ) For co-polarized transmissions in the plane tangent to the GSO arc: 32.5-25log(θ) dBW/MHz for 2.0° ≤ θ ≤ 7°. 11.5 dBW/MHz for 7° ≤ θ ≤ 9.2°. 35.5-25log(θ) dBW/MHz for 9.2° ≤ θ ≤ 19.1°. 3.5 dBW/MHz for 19.1° < θ ≤ 180°. where θ is as defined in paragraph (c)(1) of this section. ( 2 ) For co-polarized transmissions in the plane perpendicular to the GSO arc: 35.5-25log(θ) dBW/MHz for 3.5° ≤ θ ≤ 7°. 14.4 dBW/MHz for 7° < θ ≤ 9.2°. 38.5-25log(θ) dBW/MHz for 9.2° < θ ≤ 19.1°. 6.5 dBW/MHz for 19.1° < θ ≤ 180°. where θ is as defined in paragraph (c)(1) of this section. ( 3 ) The EIRP density levels specified in paragraphs (i)(1) and (2) of this section may be exceeded by up to 3 dB, for values of θ > 7°, over 10% of the range of theta (θ) angles from 7-180° on each side of the line from the earth station to the target satellite. ( 4 ) For cross-polarized transmissions in the plane tangent to the GSO arc and in the plane perpendicular to the GSO arc: 22.5-25log(θ) dBW/MHz for 2.0° < θ ≤ 7.0°. where θ is as defined in paragraph (c)(1) of this section. ( 5 ) A license application for earth station operation in a network using variable power density control of earth stations transmitting simultaneously in shared frequencies to the same target satellite receiving beam may be routinely processed if the applicant certifies that the aggregate off-axis EIRP density from all co-frequency earth stations transmitting simultaneously to the same target satellite receiving beam, not resulting from colliding data bursts transmitted pursuant to a contention protocol, will not exceed the off-axis EIRP density limits permissible for a single earth station, as specified in paragraphs (i)(1) through (4) of this section. ( j ) Non-qualifying applications. Applications for authority for fixed earth station operation in the conventional C-band, extended C-band, conventional Ku-band, extended Ku-band, conventional Ka-band, extended Ka-band, or 24.75-25.25 GHz, that do not qualify for routine processing under relevant criteria in this section, § 25.211 , or § 25.212 are subject to the requirements in § 25.220 . [ 81 FR 55339 , Aug. 18, 2016, as amended at 84 FR 53656 , Oct. 8, 2019; 85 FR 44787 , July 24, 2020; 87 FR 72407 , Nov. 25, 2022] § 25.219 [Reserved] § 25.220 Non-routine transmit/receive earth station operations. ( a ) The requirements in this section apply to applications for, and operation of, earth stations transmitting in the conventional or extended C-bands, the conventional or extended Ku-bands, or the conventional or extended Ka -bands that do not qualify for routine licensing under relevant criteria in § 25.211 , § 25.212 , or § 25.218 . ( b ) Applications filed pursuant to this section must include the information required by § 25.115(g)(1) . ( c ) [Reserved] ( d ) ( 1 ) The applicant must submit the certifications listed in paragraphs (d)(1)(i) through (d)(1)(iv) of this section. The applicant will be authorized to transmit only to the satellite systems included in the coordination agreements referred to in the certification required by paragraph (d)(1)(ii) of this section. The applicant will be granted protection from receiving interference only with respect to the satellite systems included in the coordination agreements referred to in the certification required by paragraph (d)(1)(ii) of this section, and only to the extent that protection from receiving interference is afforded by those coordination agreements. ( i ) [Reserved] ( ii ) A statement from the satellite operator that it has coordinated the operation of the subject non-conforming earth station accessing its satellite(s), including its required downlink power density based on the information contained in the application, with all adjacent satellite networks within 6° of orbital separation from its satellite(s), and the operations will operate in conformance with existing coordination agreement for its satellite(s) with other satellite systems, except as set forth in paragraph (d)(4) of this section. ( iii ) A statement from the satellite operator that it will include the subject non-conforming earth station operations in all future satellite network coordinations, and ( iv ) A statement from the earth station applicant certifying that it will comply with all coordination agreements reached by the satellite operator(s). ( 2 ) Unless the non-routine uplink transmission levels are permitted under a coordination agreement with the space station operator, or unless coordination with the operator is not required pursuant to § 25.140(d)(3) or (d)(4) , the operator of an earth station licensed pursuant to this section must reduce its transmitted EIRP density to levels at or within relevant routine limits: ( i ) Toward the part of the geostationary orbit arc within one degree of a subsequently launched, two-degree-compliant space station receiving in the same uplink band at an orbital location within six degrees of the earth station's target satellite, and ( ii ) Toward a two-degree-compliant space station receiving in the same uplink band at an orbital location more than six degrees away from the target satellite if co-frequency reception by the space station is adversely affected by the non-routine earth station transmission levels. ( 3 ) In the event that a coordination agreement discussed in paragraph (d)(1)(ii) of this section is reached, but that coordination agreement does not address protection from interference for the earth station, that earth station will be protected from interference to the same extent that an earth station that meets the requirements of § 25.209 of this title would be protected from interference. ( 4 ) Notwithstanding paragraph (d)(1)(ii) of this section, a party applying for an earth station license pursuant to this section will not be required to certify that its target satellite operator has reached a coordination agreement with another satellite operator whose satellite is within 6° of orbital separation from its satellite in cases where the off-axis EIRP density level of the proposed earth station operations will be less than or equal to the levels specified by the applicable off-axis EIRP envelope set forth in § 25.218 of this chapter in the direction of the part of the geostationary orbit arc within 1° of the nominal orbit location of the adjacent satellite. ( e ) - ( f ) [Reserved] ( g ) Applicants filing applications for earth stations pursuant to this section must provide the following information for the Commission's public notice: ( 1 ) Detailed description of the service to be provided, including frequency bands and satellites to be used. The applicant must identify either the specific satellites with which it plans to operate, or the eastern and western boundaries of the geostationary satellite orbit arc it plans to coordinate. ( 2 ) The diameter or equivalent diameter of the antenna. ( 3 ) Proposed power and power density levels. ( 4 ) Identification of any rule or rules for which a waiver is requested. [ 70 FR 32256 , June 2, 2005, as amended at 72 FR 50030 , Aug. 29, 2007; 73 FR 70902 , Nov. 24, 2008; 74 FR 57099 , Nov. 4, 2009; 78 FR 14927 , Mar. 8, 2013; 79 FR 8324 , Feb. 12, 2014; 81 FR 55341 , Aug. 18, 2016; 83 FR 34491 , July 20, 2018; 84 FR 53656 , Oct. 8, 2019; 87 FR 72407 , Nov. 25, 2022] §§ 25.221-25.223 [Reserved] § 25.224 Protection of receive-only earth stations in the 17/24 GHz BSS. ( a ) Notwithstanding § 25.209(c) of this part , receive-only earth stations operating in the 17/24 GHz broadcasting-satellite service can claim no greater protection from interference than they would receive if the equivalent antenna diameter were equal to or greater than 45 cm and the antenna meets the co-polar and cross-polar performance patterns represented by the following set of formulas (adopted in Recommendation ITU-R BO.1213-1, dated November 2005) that are valid for D/λ ≥11: ( b ) Paragraph (a) of this section does not apply to 17/24 GHz BSS telemetry earth stations. Those earth stations are subject to the antenna performance standards of § 25.209(a) and (b) of this part . [ 72 FR 50031 , Aug. 29, 2007] § 25.225 Geographic Service Requirements for 17/24 GHz Broadcasting Satellite Service. ( a ) Each operator of a 17/24 GHz BSS space station that is used to provide video programming directly to consumers in the 48 contiguous United States (CONUS) must provide comparable service to Alaska and Hawaii, unless such service is not technically feasible or not economically reasonable from the authorized orbital location. ( b ) Each operator of a 17/24 GHz BSS space station subject to paragraph (a) of this section must design and configure its space station to be capable of providing service to Alaska and Hawaii, that is comparable to the service that such satellites will provide to CONUS subscribers, from any orbital location capable of providing service to either Alaska or Hawaii to which it may be located or relocated in the future. ( c ) If an operator of a 17/24 GHz BSS space station that is used to provide video programming directly to consumers in the United States relocates or replaces a 17/24 GHz BSS space station at a location from which service to Alaska and Hawaii had been provided by another 17/24 GHz BSS space station, the operator must use a space station capable of providing at least the same level of service to Alaska and Hawaii as previously provided from that location. [ 72 FR 50033 , Aug. 29, 2007] §§ 25.226-25.227 [Reserved] § 25.228 Operating and coordination requirements for earth stations in motion (ESIMs). ( a ) GSO FSS ESIM transmissions must comport with the applicable EIRP density limits in § 25.218 , unless coordinated pursuant to the requirements in § 25.220 . ( b ) Each FSS ESIM must be self-monitoring and, should a condition occur that would cause the ESIMs to exceed its authorized off-axis EIRP density limits in the case of GSO FSS ESIMs or any emission limits included in the licensing conditions in the case of NGSO FSS ESIMs, the ESIM must automatically cease transmissions within 100 milliseconds, and not resume transmissions until the condition that caused the ESIM to exceed those limits is corrected. ( c ) Each FSS ESIM must be monitored and controlled by a network control and monitoring center (NCMC) or equivalent facility. Each ESIM must comply with a “disable transmission” command from the NCMC within 100 milliseconds of receiving the command. In addition, the NCMC must monitor the operation of each ESIM in its network, and transmit a “disable transmission” command to any ESIM that operates in such a way as to exceed the authorized off-axis EIRP density limit for GSO FSS ESIMs or any emission limits included in the licensing conditions in the case of NGSO FSS ESIMs. The NCMC must not allow the ESIM(s) under its control to resume transmissions until the condition that caused the ESIM(s) to exceed the authorized EIRP density limits is corrected. ( d ) ESIM licensees must ensure installation of ESIM terminals on vehicles by qualified installers who have an understanding of the antenna's radiation environment and the measures best suited to maximize protection of the general public and persons operating the vehicle and equipment. An ESIM terminal exhibiting radiation exposure levels exceeding 1.0 mW/cm 2 in accessible areas, such as at the exterior surface of the radome, must have a label attached to the surface of the terminal warning about the radiation hazard and must include thereon a diagram showing the regions around the terminal where the radiation levels could exceed the maximum radiation exposure limit specified in 47 CFR 1.1310 Table 1. ( e ) The following requirements govern all ESV operations: ( 1 ) ESV operators must control all ESVs by a NCMC or equivalent facility located in the United States, except that an ESV on U.S.-registered vessels may operate under control of a NCMC location outside the United States provided the ESV operator maintains a point of contact within the United States that will have the capability and authority to cause an ESV on a U.S.-registered vessel to cease transmitting if necessary. ( 2 ) There must be a point of contact in the United States, with phone number and address, available 24 hours a day, seven days a week, with authority and ability to cease all emissions from the ESVs, either directly or through the facilities of a U.S. NCMC or a NCMC located in another country with which the United States has a bilateral agreement that enables such cessation of emissions. ( 3 ) ESV NCMC operators communicating with ESVs on vessels of foreign registry must maintain detailed information on each such vessel's country of registry and a point of contact for the relevant administration responsible for licensing those ESVs. ( f ) For all VMES operations, there must be a point of contact in the United States, with phone number and address, available 24 hours a day, seven days a week, with authority and ability to cease all emissions from the VMESs. ( g ) The following requirements govern all ESAA operations: ( 1 ) There must be a point of contact in the United States, with phone number and address, available 24 hours a day, seven days a week, with authority and ability to cease all emissions from the ESAAs. ( 2 ) All ESAA terminals operated in U.S. airspace, whether on U.S.-registered civil aircraft or non-U.S.-registered civil aircraft, must be licensed by the Commission. All ESAA terminals on U.S.-registered civil aircraft operating outside of U.S. airspace must be licensed by the Commission, except as provided by section 303(t) of the Communications Act. ( 3 ) Prior to operations within a foreign nation's airspace, the ESAA operator must ascertain whether the relevant administration has operations that could be affected by ESAA terminals, and must determine whether that administration has adopted specific requirements concerning ESAA operations. When the aircraft enters foreign airspace, the ESAA terminal must operate under the Commission's rules, or those of the foreign administration, whichever is more constraining. To the extent that all relevant administrations have identified geographic areas from which ESAA operations would not affect their radio operations, ESAA operators may operate within those identified areas without further action. To the extent that the foreign administration has not adopted requirements regarding ESAA operations, ESAA operators must coordinate their operations with any potentially affected operations. ( h ) The following requirements govern all operations in the 3700-4200 MHz (space-to-Earth) and 5925-6425 MHz (Earth-to-space) frequency bands of ESVs receiving from or transmitting to GSO satellites in the Fixed-Satellite Service: ( 1 ) ESVs must not operate in the 5925-6425 MHz (Earth-to-space) and 3700-4200 MHz (space-to-Earth) frequency bands on vessels smaller than 300 gross tons. ( 2 ) ESV operators transmitting in the 5925-6425 MHz (Earth-to-space) frequency band to GSO satellites in the Fixed-Satellite Service (FSS) must not seek to coordinate, in any geographic location, more than 36 megahertz of uplink bandwidth on each of no more than two GSO FSS satellites. ( 3 ) ESVs, operating while docked, for which coordination with terrestrial stations in the 3700-4200 MHz band is completed in accordance with § 25.251 , will receive protection from such terrestrial stations in accordance with the coordination agreements, for 180 days, renewable for 180 days. ( 4 ) ESVs in motion must not claim protection from harmful interference from any authorized terrestrial stations to which frequencies are already assigned, or any authorized terrestrial station to which frequencies may be assigned in the future in the 3700-4200 MHz (space-to-Earth) frequency band. ( 5 ) ESVs operating within 200 km from the baseline of the United States, or within 200 km from a U.S.-licensed fixed service offshore installation, must complete coordination with potentially affected U.S.-licensed fixed service operators prior to operation. The coordination method and the interference criteria objective will be determined by the frequency coordinator. The details of the coordination must be maintained and available at the frequency coordinator, and must be filed with the Commission electronically via the International Bureau Filing System ( http://licensing.fcc.gov/myibfs/ ) to be placed on public notice. The coordination notifications must be filed in the form of a statement referencing the relevant call signs and file numbers. Operation of each individual ESV may commence immediately after the public notice that identifies the notification sent to the Commission is released. Continuance of operation of that ESV for the duration of the coordination term must be dependent upon successful completion of the normal public notice process. If, prior to the end of the 30-day comment period of the public notice, any objections are received from U.S.-licensed Fixed Service operators that have been excluded from coordination, the ESV licensee must immediately cease operation of that particular station on frequencies used by the affected U.S.-licensed Fixed Service station until the coordination dispute is resolved and the ESV licensee informs the Commission of the resolution. As used in this section, “baseline” means the line from which maritime zones are measured. The baseline is a combination of the low-water line and closing lines across the mouths of inland water bodies and is defined by a series of baseline points that include islands and “low-water elevations,” as determined by the U.S. Department of State's Baseline Committee. ( 6 ) An ESV must automatically cease transmission if the ESV operates in violation of the terms of its coordination agreement, including, but not limited to, conditions related to speed of the vessel or if the ESV travels outside the coordinated area, if within 200 km from the baseline of the United States, or within 200 km from a U.S.-licensed fixed service offshore installation. Transmissions may be controlled by the ESV network control and monitoring center. The frequency coordinator may decide whether ESV operators should automatically cease transmissions if the vessel falls below a prescribed speed within a prescribed geographic area. ( 7 ) ESV transmissions in the 5925-6425 MHz (Earth-to-space) band shall not exceed an EIRP spectral density towards the radio-horizon of 17 dBW/MHz, and shall not exceed an EIRP towards the radio-horizon of 20.8 dBW. The ESV network shall shut-off the ESV transmitter if either the EIRP spectral density towards the radio-horizon or the EIRP towards the radio-horizon is exceeded. ( i ) For ESAA transmissions in the 14.0-14.5 GHz band from international airspace within line-of-sight of the territory of a foreign administration where fixed service networks have primary allocation in this band, the maximum power flux density (pfd) produced at the surface of the Earth by emissions from a single aircraft carrying an ESAA terminal must not exceed the following values unless the foreign Administration has imposed other conditions for protecting its fixed service stations: −132 + 0.5 · θ dB(W/(m 2 · MHz)) For θ ≤ 40°. −112 dB(W/(m 2 · MHz)) For 40° <θ ≤90°. Where: θ is the angle of arrival of the radio-frequency wave (degrees above the horizontal) and the aforementioned limits relate to the pfd under free-space propagation conditions. ( j ) The following requirements govern all ESIMs transmitting to GSO or NGSO satellites in the Fixed-Satellite Service in the 14.0-14.5 GHz band. ( 1 ) Operations of ESIMs in the 14.0-14.2 GHz (Earth-to-space) frequency band within 125 km (for ESVs and VMESs) or within radio line of sight (for ESAAs) of the NASA TDRSS facilities on Guam (latitude 13°36′55″ N, longitude 144°51′22″ E), White Sands, New Mexico (latitude 32°20′59″ N, longitude 106°36′31″ W and latitude 32°32′40″ N, longitude 106°36′48″ W), or Blossom Point, Maryland (latitude 38°25′44″ N, longitude 77°05′02″ W) are subject to coordination with the National Aeronautics and Space Administration (NASA) through the National Telecommunications and Information Administration (NTIA) Interdepartment Radio Advisory Committee (IRAC). Licensees must notify the Space Bureau once they have completed coordination. Upon receipt of such notification from a licensee, the Space Bureau will issue a public notice stating that the licensee may commence operations within the coordination zone in 30 days if no party has opposed the operations. When NTIA seeks to provide similar protection to future TDRSS sites that have been coordinated through the IRAC Frequency Assignment Subcommittee process, NTIA will notify the Commission's Space Bureau that the site is nearing operational status. Upon public notice from the Space Bureau, all Ku-band ESIM licensees must cease operations in the 14.0-14.2 GHz band within 125 km (for ESVs and VMESs) or within radio line of sight (for ESAAs) of the new TDRSS site until the licensees complete coordination with NTIA/IRAC for the new TDRSS facility. Licensees must notify the Space Bureau once they have completed coordination for the new TDRSS site. Upon receipt of such notification from a licensee, the Space Bureau will issue a public notice stating that the licensee may commence operations within the coordination zone in 30 days if no party has opposed the operations. The ESIM licensee then will be permitted to commence operations in the 14.0-14.2 GHz band within 125 km (for ESVs and VMESs) or within radio line of sight (for ESAAs) of the new TDRSS site, subject to any operational constraints developed in the coordination process. ( 2 ) Within 125 km (for ESVs and VMESs) or within radio line of sight (for ESAAs) of the NASA TDRSS facilities identified in paragraph (j)(1) of this section, ESIM transmissions in the 14.0-14.2 GHz (Earth-to-space) band shall not exceed an EIRP spectral density towards the horizon of 12.5 dBW/MHz, and shall not exceed an EIRP towards the horizon of 16.3 dBW. ( 3 ) Operations of ESIMs in the 14.47-14.5 GHz (Earth-to-space) frequency band in the vicinity (for ESVs and VMESs) or within radio line of sight (for ESAAs) of radio astronomy service (RAS) observatories observing in the 14.47-14.5 GHz band are subject to coordination with the National Science Foundation (NSF). The appropriate NSF contact point to initiate coordination is Electromagnetic Spectrum Management Unit, NSF, Division of Astronomical Sciences, 2415 Eisenhower Avenue, Arlington VA 22314; Email: esm@nsf.gov . Licensees must notify the Space Bureau once they have completed coordination. Upon receipt of the coordination agreement from a licensee, the Space Bureau will issue a public notice stating that the licensee may commence operations within the coordination zone in 30 days if no party has opposed the operations. Table 1 provides a list of each applicable RAS site, its location, and the applicable coordination zone. Table 1 to § 25.228 ( j )(3)—Applicable Radio Astronomy Service (RAS) Facilities and Associated Coordination Distances Observatory Latitude (north) Longitude (west) Radius (km) of coordination zone Arecibo, Observatory, Arecibo, PR 18°20′37″ 66°45′11″ Island of Puerto Rico. Green Bank, WV 38°25′59″ 79°50′23″ 160. Very Large Array, near Socorro, NM 34°04′44″ 107°37′06″ 160. Pisgah Astronomical Research Institute, Rosman, NC 35°11′59″ 82°52′19″ 160. U of Michigan Radio Astronomy Observatory, Stinchfield Woods, MI 42°23′56″ 83°56′11″ 160. Very Long Baseline Array (VLBA) stations: Owens Valley, CA 37°13′54″ 118°16′37″ 160 *. Mauna Kea, HI 19°48′05″ 155°27′20″ 50. Brewster, WA 48°07′52″ 119°41′00″ 50. Kitt Peak, AZ 31°57′23″ 111°36′45″ 50. Pie Town, NM 34°18′04″ 108°07′09″ 50. Los Alamos, NM 35°46′30″ 106°14′44″ 50. Fort Davis, TX 30°38′06″ 103°56′41″ 50. North Liberty, IA 41°46′17″ 91°34′27″ 50. Hancock, NH 42°56′01″ 71°59′12″ 50. St. Croix, VI 17°45′24″ 64°35′01″ 50. * Owens Valley, CA operates both a VLBA station and single-dish telescopes. ( 4 ) When NTIA seeks to provide similar protection to future RAS sites that have been coordinated through the IRAC Frequency Assignment Subcommittee process, NTIA will notify the Commission's Space Bureau that the site is nearing operational status. Upon public notice from the Space Bureau, all Ku-band ESIMs licensees must cease operations in the 14.47-14.5 GHz band within the relevant geographic zone (160 kms for single-dish radio observatories and Very Large Array antenna systems and 50 kms for Very Long Baseline Array antenna systems for ESVs and VMESs, radio line of sight for ESAAs) of the new RAS site until the licensees complete coordination for the new RAS facility. Licensees must notify the Space Bureau once they have completed coordination for the new RAS site and must submit the coordination agreement to the Commission. Upon receipt of such notification from a licensee, the Space Bureau will issue a public notice stating that the licensee may commence operations within the coordination zone in 30 days if no party opposed the operations. The ESIMs licensee then will be permitted to commence operations in the 14.47-14.5 GHz band within the relevant coordination distance around the new RAS site, subject to any operational constraints developed in the coordination process. ( 5 ) ESIMs licensees must use Global Positioning Satellite-related or other similar position location technology to ensure compliance with the provisions of subparagraphs 1-3 of this paragraph. [ 84 FR 53656 , Oct. 8, 2019, as amended at 85 FR 44787 , July 24, 2020; 88 FR 21441 , Apr. 10, 2023] §§ 25.229-25.249 [Reserved] § 25.250 Sharing between NGSO MSS Feeder links Earth Stations in the 19.3-19.7 GHz and 29.1-29.5 GHz Bands. ( a ) NGSO MSS applicants shall be licensed to operate in the 29.1-29.5 GHz band for Earth-to-space transmissions and 19.3-19.7 GHz for space-to-Earth transmissions from feeder link earth station complexes. A “feeder link earth station complex” may include up to three (3) earth station groups, with each earth station group having up to four (4) antennas, located within a radius of 75 km of a given set of geographic coordinates provided by NGSO-MSS licensees or applicants. ( b ) Licensees of NGSO MSS feeder link earth stations separated by 800 km or less are required to coordinate their operations, see § 25.203 . The results of the coordination shall be reported to the Commission. [ 61 FR 44181 , Aug. 28, 1996] § 25.251 Special requirements for coordination. ( a ) The administrative aspects of the coordination process are set forth in § 101.103 of this chapter in the case of coordination of terrestrial stations with earth stations, and in § 25.203 in the case of coordination of earth stations with terrestrial stations. ( b ) The technical aspects of coordination are based on Appendix 7 of the International Telecommunication Union Radio Regulations and certain recommendations of the ITU Radiocommunication Sector (available at the address in § 0.445 of this chapter ). [ 66 FR 10630 , Feb. 16, 2001, as amended at 78 FR 8430 , Feb. 6, 2013] § 25.252 [Reserved] § 25.253 Special requirements for ancillary terrestrial components operating in the 1626.5-1660.5 MHz/1525-1559 MHz bands. ( a ) An ancillary terrestrial component in these bands shall: ( 1 ) In any band segment coordinated for the exclusive use of an MSS applicant within the land area of the U.S., where there is no other L-Band MSS satellite making use of that band segment within the visible portion of the geostationary arc as seen from the ATC coverage area, the ATC system will be limited by the in-band and out-of-band emission limitations contained in this section and the requirement to maintain a substantial MSS service. ( 2 ) In any band segment that is coordinated for the shared use of the applicant's MSS system and another MSS operator, where the coordination agreement existed prior to February 10, 2005 and permits a level of interference to the other MSS system of less than 6% ΔT/T, the applicant's combined ATC and MSS operations shall increase the system noise level of the other MSS to no more then 6% ΔT/T. Any future coordination agreement between the parties governing ATC operation will supersede this paragraph. ( 3 ) In any band segment that is coordinated for the shared use of the applicant's MSS system and another MSS operator, where a coordination agreement existed prior to February 10, 2005 and permits a level of interference to the other MSS system of 6% ΔT/T or greater, the applicant's ATC operations may increase the system noise level of the other MSS system by no more than an additional 1% ΔT/T. Any future coordination agreement between the parties governing ATC operations will supersede this paragraph. ( 4 ) In a band segment in which the applicant has no rights under a coordination agreement, the applicant may not implement ATC in that band. ( b ) ATC base stations shall not exceed an out-of-channel emissions measurement of −57.9 dBW/MHz at the edge of a MSS licensee's authorized and internationally coordinated MSS frequency assignment. ( c ) An applicant for an ancillary terrestrial component in these bands shall: ( 1 ) Demonstrate, at the time of application, how its ATC network will comply with the requirements of footnotes US308 and US315 to the table of frequency allocations contained in § 2.106 of this chapter regarding priority and preemptive access to the L-band MSS spectrum by the aeronautical mobile-satellite en-route service (AMS(R)S) and the global maritime distress and safety system (GMDSS). ( 2 ) Coordinate with the terrestrial CMRS operators prior to initiating ATC transmissions when co-locating ATC base stations with terrestrial commercial mobile radio service (CMRS) base stations that make use of Global Positioning System (GPS) time-based receivers. ( 3 ) Provide, at the time of application, calculations that demonstrate the ATC system conforms to the ΔT/T requirements in paragraphs (a)(2) and (a)(3) of this section, if a coordination agreement that incorporates the ATC operations does not exist with other MSS operators. ( d ) Applicants for an ancillary terrestrial component in these bands must demonstrate that ATC base stations shall not: ( 1 ) Exceed a peak EIRP of 31.9-10*log (number of carriers) dBW/200kHz, per sector, for each carrier in the 1525-1541.5 MHz and 1547.5-1559 MHz frequency bands; ( 2 ) Exceed an EIRP in any direction toward the physical horizon (not to include man-made structures) of 26.9-10*log (number of carriers) dBW/200 kHz, per sector, for each carrier in the 1525-1541.5 MHz and 1547.5-1559 MHz frequency bands; ( 3 ) Exceed a peak EIRP of 23.9 −10*log(number of carriers) dBW/200 kHz, per sector, for each carrier in the 1541.5-1547.5 MHz frequency band; ( 4 ) Exceed an EIRP toward the physical horizon (not to include man-made structures) of 18.9-10*log(number of carriers) dBW/200 kHz, per sector, for each carrier in the 1541.5-1547.5 MHz frequency band; ( 5 ) Exceed a total power flux density level of −56.8 dBW/m 2 /200 kHz at the edge of all airport runways and aircraft stand areas, including takeoff and landing paths from all carriers operating in the 1525-1559 MHz frequency bands. The total power flux density here is the sum of all power flux density values associated with all carriers in a sector in the 1525-1559 MHz frequency band, expressed in dB(Watts/m 2 /200 kHz). Free-space loss must be assumed if this requirement is demonstrated via calculation; ( 6 ) Exceed a total power flux density level of −56.6 dBW/ m 2 /200 kHz at the water's edge of any navigable waterway from all carriers operating in the 1525-1541.5 MHz and 1547.5-1559 MHz frequency bands. The total power flux density here is the sum of all power flux density values associated with all carriers in a sector in the 1525-1541.5 MHz and 1547.5-1559 MHz frequency bands, expressed in dB(Watts/m 2 /200 kHz). Free-space loss must be assumed if this requirement is demonstrated via calculation; ( 7 ) Exceed a total power flux density level of −64.6 dBW/ m 2 /200 kHz at the water's edge of any navigable waterway from all carriers operating in the 1541.5-1547.5 MHz frequency band. The total power flux density here is the sum of all power flux density values associated with all carriers in a sector in the 1541.5-1547.5 MHz frequency band, expressed in dB(Watts/m 2 /200 kHz). Free-space loss must be assumed if this requirement is demonstrated via calculation; ( 8 ) Exceed a peak antenna gain of 16 dBi; ( 9 ) Generate EIRP density, averaged over any two-millisecond active transmission interval, greater than −70 dBW/MHz in the 1559-1605 MHz band or greater than a level determined by linear interpolation in the 1605-1610 MHz band, from −70 dBW/MHz at 1605 MHz to −46 dBW/MHz at 1610 MHz. The EIRP, averaged over any two-millisecond active transmission interval, of discrete out-of-band emissions of less than 700 Hz bandwidth from such base stations shall not exceed −80 dBW in the 1559-1605 MHz band or exceed a level determined by linear interpolation in the 1605-1610 MHz band, from −80 dBW at 1605 MHz to −56 dBW at 1610 MHz. A root-mean-square detector function with a resolution bandwidth of one megahertz or equivalent and no less video bandwidth shall be used to measure wideband EIRP density for purposes of this rule, and narrowband EIRP shall be measured with a root-mean-square detector function with a resolution bandwidth of one kilohertz or equivalent. ( e ) Applicants for an ancillary terrestrial component in these bands must demonstrate, at the time of the application, that ATC base stations shall use left-hand-circular polarization antennas with a maximum gain of 16 dBi and overhead gain suppression according to the following: Angle from direction of maximum gain, in vertical plane, above antenna (degrees) Antenna discrimination pattern (dB) 0 Gmax 5 Not to Exceed Gmax −5 10 Not to Exceed Gmax −19 15 to 55 Not to Exceed Gmax −27 55 to 145 Not to Exceed Gmax −30 145 to 180 Not to Exceed Gmax −26 Where: Gmax is the maximum gain of the base station antenna in dBi. ( f ) Prior to operation, ancillary terrestrial component licensees shall: ( 1 ) Provide the Commission with sufficient information to complete coordination of ATC base stations with Search-and-Rescue Satellite-Aided Tracking (SARSAT) earth stations operating in the 1544-1545 MHz band for any ATC base station located either within 27 km of a SARSAT station, or within radio horizon of the SARSAT station, whichever is less. ( 2 ) Take all practicable steps to avoid locating ATC base stations within radio line of sight of Mobile Aeronautical Telemetry (MAT) receive sites in order to protect U.S. MAT systems consistent with ITU-R Recommendation ITU-R M.1459. MSS ATC base stations located within radio line of sight of a MAT receiver must be coordinated with the Aerospace and Flight Test Radio Coordinating Council (AFTRCC) for non-Government MAT receivers on a case-by-case basis prior to operation. For government MAT receivers, the MSS licensee shall supply sufficient information to the Commission to allow coordination to take place. A listing of current and planned MAT receiver sites can be obtained from AFTRCC for non-Government sites and through the FCC's IRAC Liaison for Government MAT receiver sites. ( g ) ATC mobile terminals shall: ( 1 ) Be limited to a peak EIRP level of 0 dBW and an out-of-channel emissions of −67 dBW/4 kHz at the edge of an MSS licensee's authorized and internationally coordinated MSS frequency assignment. ( 2 ) Be operated in a fashion that takes all practicable steps to avoid causing interference to U.S. radio astronomy service (RAS) observations in the 1660-1660.5 MHz band. ( 3 ) Not generate EIRP density, averaged over any two-millisecond active transmission interval, greater than −70 dBW/MHz in the 1559-1605 MHz band or greater than a level determined by linear interpolation in the 1605-1610 MHz band, from −70 dBW/MHz at 1605 MHz to −46 dBW/MHz at 1610 MHz. The EIRP, averaged over any two-millisecond active transmission interval, of discrete out-of-band emissions of less than 700 Hz bandwidth from such mobile terminals shall not exceed −80 dBW in the 1559-1605 MHz band or exceed a level determined by linear interpolation in the 1605-1610 MHz band, from −80 dBW at 1605 MHz to −56 dBW at 1610 MHz. The EIRP density of carrier-off-state emissions from such mobile terminals shall not exceed −80 dBW/MHz in the 1559-1610 MHz band, averaged over a two-millisecond interval. A root-mean-square detector function with a resolution bandwidth of one megahertz or equivalent and no less video bandwidth shall be used to measure wideband EIRP density for purposes of this rule, and narrowband EIRP shall be measured with a root-mean-square detector function with a resolution bandwidth of one kilohertz or equivalent. ( h ) When implementing multiple base stations and/or base stations using multiple carriers, where any third-order intermodulation product of these base stations falls on an L-band MSS band coordinated for use by another MSS operator with rights to the coordinated band, the MSS ATC licensee must notify the MSS operator. The MSS operator may request coordination to modify the base station carrier frequencies, or to reduce the maximum base station EIRP on the frequencies contributing to the third-order intermodulation products. The threshold for this notification and coordination is when the sum of the calculated signal levels received by an MSS receiver exceeds −70 dBm. The MSS receiver used in these calculations can be assumed to have an antenna with 0 dBi gain. Free-space propagation between the base station antennas and the MSS terminals can be assumed and actual signal polarizations for the ATC signals and the MSS system may be used. [ 70 FR 19319 , Apr. 13, 2005] § 25.254 Special requirements for ancillary terrestrial components operating in the 1610-1626.5 MHz/2483.5-2500 MHz bands. ( a ) An applicant for an ancillary terrestrial component in these bands must demonstrate that ATC base stations shall: ( 1 ) Not exceed a peak EIRP of 32 dBW in 1.25 MHz; ( 2 ) Not cause unacceptable interference to systems identified in paragraph (c) of this section and, in any case, shall not exceed out-of-channel emissions of −44.1 dBW/30 kHz at the edge of the MSS licensee's authorized frequency assignment; ( 3 ) At the time of application, that it has taken, or will take steps necessary to avoid causing interference to other services sharing the use of the 2450-2500 MHz band through frequency coordination; and ( 4 ) Base stations operating in frequencies above 2483.5 MHz shall not generate EIRP density, averaged over any two-millisecond active transmission interval, greater than −70 dBW/MHz in the 1559-1610 MHz band. The EIRP, averaged over any two-millisecond active transmission interval, of discrete out-of-band emissions of less than 700 Hz bandwidth from such base stations shall not exceed −80 dBW in the 1559-1610 MHz band. A root-mean-square detector function with a resolution bandwidth of one megahertz or equivalent and no less video bandwidth shall be used to measure wideband EIRP density for purposes of this rule, and narrowband EIRP shall be measured with a root-mean-square detector function with a resolution bandwidth of one kilohertz or equivalent. ( b ) An applicant for an ancillary terrestrial component in these bands must demonstrate that mobile terminals shall: ( 1 ) Meet the requirements contained in § 25.213 to protect radio astronomy service (RAS) observations in the 1610.6-1613.8 MHz band from unacceptable interference; ( 2 ) Observe a peak EIRP limit of 1.0 dBW in 1.25 MHz; ( 3 ) Observe an out-of-channel EIRP limit of −57.1 dBW/30 kHz at the edge of the licensed MSS frequency assignment. ( 4 ) ATC mobile terminals operating in assigned frequencies in the 1610-1626.5 MHz band shall not generate EIRP density, averaged over any two-millisecond active transmission interval, greater than −70 dBW/MHz in the 1559-1605 MHz band or greater than a level determined by linear interpolation in the 1605-1610 MHz band, from −70 dBW/MHz at 1605 MHz to −10 dBW/MHz at 1610 MHz. The EIRP, averaged over any two-millisecond active transmission interval, of discrete out-of-band emissions of less than 700 Hz bandwidth from such mobile terminals shall not exceed −80 dBW in the 1559-1605 MHz band or exceed a level determined by linear interpolation in the 1605-1610 MHz band, from −80 dBW at 1605 MHz to −20 dBW at 1610 MHz. The EIRP density of carrier-off-state emissions from such mobile terminals shall not exceed −80 dBW/MHz in the 1559-1610 MHz band, averaged over a two-millisecond interval. A root-mean-square detector function with a resolution bandwidth of one megahertz or equivalent and no less video bandwidth shall be used to measure wideband EIRP density for purposes of this rule, and narrowband EIRP shall be measured with a root-mean-square detector function with a resolution bandwidth of one kilohertz or equivalent. ( c ) Applicants for an ancillary terrestrial component to be used in conjunction with a Mobile-Satellite Service system using CDMA technology shall coordinate the use of the 1.6/2.4 GHz Mobile-Satellite Service spectrum designated for CDMA systems using the framework established by the ITU in Recommendation ITU-R M.1186 (incorporated by reference, see § 25.108 ). ( d ) To avoid interference to an adjacent channel licensee in the Broadband Radio Service (BRS), the power of any ATC base station emission above 2495 MHz shall be attenuated below the transmitter power (P) measured in watts in accordance with the standards below. If these measures do not resolve a documented interference complaint received from the adjacent channel BRS licensee, the provisions of § 25.255 shall apply. ( 1 ) For base stations, the attenuation shall be not less than 43 + 10 log (P) dB at the upper edge of the authorized ATC band, unless a documented interference complaint is received from an adjacent channel licensee in the BRS. Provided that a documented interference complaint cannot be mutually resolved between the parties, the following additional attenuation requirements set forth in subsections (2)-(5) shall apply: ( 2 ) If a pre-existing BRS base station suffers harmful interference from emissions caused by a new or modified ATC base station located 1.5 km or more away, within 24 hours of the receipt of a documented interference complaint the ATC licensee must attenuate its emissions by at least 67 + 10 log (P) dB measured at 3 megahertz above the edge of the authorized ATC band, and shall immediately notify the complaining licensee upon implementation of the additional attenuation. ( 3 ) If a pre-existing BRS base station suffers harmful interference from emissions caused by a new or modified ATC base station located less than 1.5 km away, within 24 hours of the receipt of a documented interference complaint the ATC licensee must attenuate its emissions by at least 67 + 10 log (P) −20 log(D km /1.5) dB measured at 3 megahertz above the edge of the authorized ATC band, or if both base stations are co-located, limit its undesired signal level at the pre-existing BRS base station receiver(s) to no more than −107 dBm measured in a 5.5 megahertz bandwidth and shall immediately notify the complaining licensee upon such reduction in the undesired signal level. ( 4 ) If a new or modified BRS base station suffers harmful interference from emissions caused by a pre-existing ATC base station located 1.5 km or more away, within 60 days of receipt of a documented interference complaint the licensee of the ATC base station must attenuate its base station emissions by at least 67 + 10 log (P) dB measured at 3 megahertz above the edge of the authorized ATC band. ( 5 ) If a new or modified BRS base station suffers harmful interference from emissions caused by a pre-existing ATC base station located less than 1.5 km away, within 60 days of receipt of a documented interference complaint: ( i ) the ATC licensee must attenuate its base station emissions by at least 67 + 10 log (P) −20 log(D km /1.5) dB measured 3 megahertz above the edge of the authorized ATC band, or ( ii ) if both base stations are co-located, the ATC licensee must limit its undesired signal level at the new or modified BRS base station receiver(s) to no more than −107 dBm measured in a 5.5 megahertz bandwidth. ( 6 ) Compliance with these rules is based on the use of measurement instrumentation employing a resolution bandwidth of 1 MHz or greater. However, in the 1 MHz bands immediately above and adjacent to the 2495 MHz a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy, provided the measured power is integrated over the full required measurement bandwidth (i.e., 1 MHz or 1 percent of emission bandwidth, as specified). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. ( e ) Licensees of terrestrial low-power systems operating in the 2483.5-2495 MHz band shall operate consistent with the technical limits and other requirements specified in § 25.149(c)(4) and (g)(2)-(3) . Note to § 25.254 : The preceding rules of § 25.254 are based on cdma2000 and IS-95 system architecture. To the extent that a 1.6/2.4 GHz Mobile-Satellite Service licensee is able to demonstrate that the use of different system architectures would produce no greater potential interference than would be produced as a result of implementing the rules of this section, the licensee may apply for ATC authorization based on another system architecture. [ 68 FR 33653 , June 5, 2003, as amended at 69 FR 18803 , Apr. 9, 2004; 70 FR 19320 , Apr. 13, 2005; 73 FR 25592 , May 5, 2008; 78 FR 8430 , Feb. 6, 2013; 82 FR 8819 , Jan. 31, 2017; 88 FR 21441 , Apr. 10, 2023] § 25.255 Procedures for resolving harmful interference related to operation of ancillary terrestrial components operating in the 1.5/1.6 GHz and 1.6/2.4 GHz bands. If harmful interference is caused to other services by ancillary MSS ATC operations, either from ATC base stations or mobile terminals, the MSS ATC operator must resolve any such interference. If the MSS ATC operator claims to have resolved the interference and other operators claim that interference has not been resolved, then the parties to the dispute may petition the Commission for a resolution of their claims. [ 68 FR 33653 , June 5, 2003, as amended at 78 FR 8267 , Feb. 5, 2013] § 25.256 Special Requirements for operations in the 3.65-3.7 GHz band. Upon request from a terrestrial licensee authorized under subpart Z, part 90 that seeks to place base and fixed stations in operation within 150 km of a primary earth station, licensees of earth stations operating on a primary basis in the Fixed-Satellite Service in the 3.65-3.7 GHz band must negotiate in good faith with that terrestrial licensee to arrive at mutually agreeable operating parameters to prevent unacceptable interference. [ 70 FR 24725 , May 11, 2005, as amended at 78 FR 8430 , Feb. 6, 2013] § 25.257 Special requirements for NGSO MSS operations in the 29.1-29.25 GHz band regarding LMDS. ( a ) Non-geostationary Mobile-Satellite Service (NGSO MSS) operators shall be licensed to use the 29.1-29.25 GHz band for Earth-to-space transmissions from feeder link earth station complexes. A “feeder link earth station complex” may include up to three (3) earth station groups, with each earth station group having up to four (4) antennas, located within a radius of 75 km of a given set of geographic coordinates provided by a NGSO MSS licensees or applicants pursuant to § 101.147 . ( b ) A maximum of seven (7) feeder link earth station complexes in the contiguous United States, Alaska and Hawaii may be placed into operation, in the largest 100 MSAs, in the band 29.1-29.25 GHz in accordance with § 25.203 and § 101.147 of this chapter . ( c ) One of the NGSO MSS operators licensed to use the 29.1-29.25 GHz band may specify geographic coordinates for a maximum of eight feeder link earth station complexes that transmit in the 29.1-29.25 GHz band. The other NGSO MSS operator licensed to use the 29.1-29.25 GHz band may specify geographic coordinates for a maximum of two feeder link earth station complexes that transmit in the 29.1-29.25 GHz band. ( d ) Additional NGSO MSS operators may be licensed in this band if the additional NGSO MSS operator shows that its system can share with the existing NGSO MSS systems. ( e ) All NGSO MSS operators shall cooperate fully and make reasonable efforts to identify mutually acceptable locations for feeder link earth station complexes. In this regard, any single NGSO MSS operator may identify only one feeder-link earth station complex protection zone in each category identified in § 101.147(y)(2) of this chapter until the other NGSO MSS operator has been given an opportunity to select a location from the same category. [ 61 FR 44181 , Aug. 28, 1996, as amended at 78 FR 8430 , Feb. 6, 2013; 81 FR 55348 , Aug. 18, 2016] § 25.258 Sharing between NGSO MSS feeder-link stations and GSO FSS services in the 29.25-29.5 GHz band. ( a ) Operators of NGSO MSS feeder link earth stations and GSO FSS earth stations in the band 29.25 to 29.5 GHz where both services have a co-primary allocation shall cooperate fully in order to coordinate their systems. During the coordination process both service operators shall exchange the necessary technical parameters required for coordination. ( b ) Licensed GSO FSS earth stations in the vicinity of operational NGSO MSS feeder-link earth station complexes must, to the maximum extent possible, operate with frequency/polarization selections that will minimize unacceptable interference with reception of GSO FSS and NGSO MSS uplink transmissions in the 29.25-29.5 GHz band. Earth station licensees operating with GSO FSS systems shall be capable of providing earth station locations to support coordination of NGSO MSS feeder link stations under paragraphs (a) and (c) of this section. Operation of ubiquitously deployed GSO FSS earth stations in the 29.25-29.5 GHz frequency band must conform to the rules contained in § 25.218(i) . ( c ) Applicants for authority to use the 29.25-29.5 GHz band for NGSO MSS feeder uplinks will have to demonstrate that their systems can share with GSO FSS and NGSO MSS systems that have been authorized for operation in that band. [ 67 FR 37336 , May 29, 2002, as amended at 68 FR 16967 , Apr. 8, 2003; 81 FR 55348 , Aug. 18, 2016; 84 FR 53659 , Oct. 8, 2019] § 25.259 Time sharing between NOAA meteorological satellite systems and non-voice, non-geostationary satellite systems in the 137-138 MHz band. ( a ) The space stations of a non-voice, non-geostationary Mobile-Satellite Service (NVNG MSS) system time-sharing downlink spectrum in the 137-138 MHz band with National Oceanic and Atmospheric Administration (NOAA) satellites shall not transmit signals into the “protection areas” of the NOAA satellites. ( 1 ) With respect to transmission in the 137.333-137.367 MHz, 137.485-137.515 MHz, 137.605-137.635 MHz, and 137.753-137.787 MHz bands, the protection area for a NOAA satellite is the area on the Earth's surface in which the NOAA satellite is in line of sight from the ground at an elevation angle of five degrees or more above the horizon. No NVNG MSS satellite shall transmit in these bands when it is in line of sight at an elevation angle of zero degrees or more from any point on the ground within a NOAA satellite's protected area for that band. ( 2 ) With respect to transmission in the 137.025-137.175 MHz and 137.825-138 MHz bands, the protection area for a NOAA satellite is the area on the Earth's surface in which the NOAA satellite is in line of sight from the ground at any elevation angle above zero degrees. No NVNG MSS satellite shall transmit in these bands when at a line-of-sight elevation angle of zero degrees or more from any point on the ground within a NOAA satellite's protected area for that band. In addition, such an NVNG MSS satellite shall cease transmitting when it is at an elevation angle of less than zero degrees from any such point, if reasonably necessary to protect reception of the NOAA satellite's signal. ( 3 ) An NVNG MSS licensee is responsible for obtaining the ephemeris data necessary for compliance with these restrictions. The ephemeris information must be updated system-wide on at least a weekly basis. For calculation required for compliance with these restrictions an NVNG MSS licensee shall use an orbital propagator algorithm with an accuracy equal to or greater than the NORAD propagator used by NOAA. ( b ) An NVNG licensee time sharing spectrum in the 137-138 MHz band must establish a 24-hour per day contact person and telephone number so that claims of harmful interference into NOAA earth stations and other operational issues can be reported and resolved expeditiously. This contact information must be made available to NOAA or its designee. If the NTIA notifies the Commission that NOAA is receiving unacceptable interference from a NVNG licensee, the Commission will require such NVNG licensee to terminate its interfering operations immediately unless it demonstrates to the Commission's reasonable satisfaction, and that of NTIA, that it is not responsible for causing harmful interference into the worldwide NOAA system. An NVNG licensee assumes the risk of any liability or damage that it and its directors, officers, employees, affiliates, agents and subcontractors may incur or suffer in connection with an interruption of its Mobile-Satellite Service, in whole or in part, arising from or relating to its compliance or noncompliance with the requirements of this paragraph. ( c ) Each satellite in a NVNG licensee's system time-sharing spectrum with NOAA in the 137-138 MHz band shall automatically turn off and cease satellite transmissions if, after 72 consecutive hours, no reset signal is received from the NVNG licensee's gateway earth station and verified by the satellite. All satellites in such NVNG licensee's system shall be capable of instantaneous shutdown on any sub-band upon command from such NVNG licensee's gateway earth station. [ 62 FR 59296 , Nov. 3, 1997, as amended at 78 FR 8430 , Feb. 6, 2013; 79 FR 8324 , Feb. 12, 2014] § 25.260 Time sharing between DoD meteorological satellite systems and non-voice, non-geostationary satellite systems in the 400.15-401 MHz band. ( a ) The space stations of a non-voice, non-geostationary Mobile-Satellite Service (NVNG MSS) system time-sharing downlink spectrum in the 400.15-401.0 MHz band with Department of Defense (DoD) satellites shall not transmit signals into the “protection areas” of the DoD satellites. ( 1 ) The protection area for such a DoD satellite is the area on the Earth's surface in which the DoD satellite is in line of sight from the ground at an elevation angle of five degrees or more above the horizon. ( 2 ) An NVNG MSS space station shall not transmit in the 400.15-401 MHz band when at a line-of-sight elevation angle of zero degrees or more from any point on the ground within the protected area of a DoD satellite operating in that band. ( 3 ) An NVNG MSS licensee is responsible for obtaining the ephemeris data necessary for compliance with this restriction. The ephemeris information must be updated system-wide at least once per week. For calculation required for compliance with this restriction an NVNG MSS licensee shall use an orbital propagator algorithm with an accuracy equal to or greater than the NORAD propagator used by DoD. ( b ) An NVNG licensee time sharing spectrum in the 400.15-401 MHz band must establish a 24-hour per day contact person and telephone number so that claims of harmful interference into DoD earth stations and other operational issues can be reported and resolved expeditiously. This contact information must be made available to DoD or its designee. If the NTIA notifies the Commission that DoD is receiving unacceptable interference from a NVNG licensee, the Commission will require such NVNG licensee to terminate its interfering operations immediately unless it demonstrates to the Commission's reasonable satisfaction, and that of NTIA, that it is not responsible for causing harmful interference into the worldwide DoD system. A NVNG licensee assumes the risk of any liability or damage that it and its directors, officers, employees, affiliates, agents and subcontractors may incur or suffer in connection with an interruption of its Mobile-Satellite Service, in whole or in part, arising from or relating to its compliance or noncompliance with the requirements of this paragraph. ( c ) Each satellite in a NVNG licensee's system time-sharing spectrum with DoD in the 400.15-401 MHz band shall automatically turn off and cease satellite transmissions if, after 72 consecutive hours, no reset signal is received from the NVNG licensee's gateway earth station and verified by the satellite. All satellites in such NVNG licensee's system shall be capable of instantaneous shutdown on any sub-band upon command from such NVNG licensee's gateway earth station. ( d ) Initially, a NVNG licensee time-sharing spectrum with DoD in the 400.15-401 MHz band shall be able to change the frequency on which its system satellites are operating within 125 minutes of receiving notification from a DoD required frequency change in the 400.15-401 MHz band. Thereafter, when a NVNG licensee constructs additional gateway earth stations located outside of North and South America, it shall use its best efforts to decrease to 90 minutes the time required to implement a DoD required frequency change. A NVNG licensee promptly shall notify the Commission and NTIA of any decrease in the time it requires to implement a DoD required frequency change. ( e ) Once a NVNG licensee time-sharing spectrum with DoD in the 400.15-401 MHz band demonstrates to DoD that it is capable of implementing a DoD required frequency change within the time required under paragraph (d) of this section, thereafter, such NVNG licensee shall demonstrate its capability to implement a DoD required frequency change only once per year at the instruction of DoD. Such demonstrations shall occur during off-peak hours, as determined by the NVNG licensee, unless otherwise agreed by the NVNG licensee and DoD. Such NVNG licensee will coordinate with DoD in establishing a plan for such a demonstration. In the event that a NVNG licensee fails to demonstrate to DoD that it is capable of implementing a DoD required frequency change in accordance with a demonstration plan established by DoD and the NVNG licensee, upon the Commission's receipt of a written notification from NTIA describing such failure, the Commission shall impose additional conditions or requirements on the NVNG licensee's authorization as may be necessary to protect DoD operations in the 400.15-401 MHz downlink band until the Commission is notified by NTIA that the NVNG licensee has successfully demonstrated its ability to implement a DoD required frequency change. Such additional conditions or requirements may include, but are not limited to, requiring such NVNG licensee immediately to terminate its operations interfering with the DoD system. [ 62 FR 59296 , Nov. 3, 1997, as amended at 78 FR 8430 , Feb. 6, 2013; 79 FR 8325 , Feb. 12, 2014] § 25.261 Sharing among NGSO FSS space stations. Cross Reference Link to an amendment published at 88 FR 39792 , June 20, 2023. ( a ) Scope. This section applies to NGSO FSS operation with earth stations with directional antennas anywhere in the world under a Commission license, or in the United States under a grant of U.S. market access. ( b ) Coordination. NGSO FSS licensees and market access recipients must coordinate in good faith the use of commonly authorized frequencies regardless of their processing round status. ( c ) Default procedure. Absent coordination between two or more satellite systems, whenever the increase in system noise temperature of an earth station receiver, or a space station receiver for a satellite with on-board processing, of either system, ΔT/T, exceeds 6 percent due to interference from emissions originating in the other system in a commonly authorized frequency band, such frequency band will be divided among the affected satellite networks in accordance with the following procedure: ( 1 ) Each of n (number of) satellite networks involved that were licensed or granted market access through the same processing round, except as provided in paragraph (e) of this section, must select 1/n of the assigned spectrum available in each of these frequency bands. The selection order for each satellite network will be determined by the date that the first space station in each satellite system is launched and capable of operating in the frequency band under consideration; ( 2 ) The affected station(s) of the respective satellite systems may operate in only the selected (1/n) spectrum associated with its satellite system while the ΔT/T of 6 percent threshold is exceeded; ( 3 ) All affected station(s) may resume operations throughout the assigned frequency bands once the threshold is no longer exceeded. ( d ) [Reserved] ( e ) Sunsetting. Ten years after the first authorization or grant of market access in a processing round, the systems approved in that processing round will no longer be required to protect earlier-rounds systems, and instead will be required to share spectrum with earlier-round systems under paragraph (c) of this section. [ 82 FR 59986 , Dec. 18, 2017, as amended at 88 FR 39792 , June 20, 2023] § 25.262 Licensing and domestic coordination requirements for 17/24 GHz BSS space stations and FSS space stations transmitting in the 17.3-17.8 GHz band. ( a ) A 17/24 GHz BSS or FSS applicant seeking to transmit in the 17.3-17.8 GHz band may be authorized to operate a space station at levels up to the maximum power flux density limits defined in paragraphs (a)(1) and (2) of this section without coordinating its power flux density levels with adjacent licensed or permitted operators, as follows: ( 1 ) For 17/24 GHz BSS applicants, up to the power flux density levels specified in § 25.140(b)(3) only if there is no licensed space station, or prior-filed application for a space station transmitting in the 17.3-17.8 GHz band at a location less than four degrees from the orbital location at which the applicant proposes to operate; and ( 2 ) For FSS space station applicants transmitting in the 17.3-17.8 GHz band, up to the maximum power flux density levels in § 25.140(a)(3)(iii) , only if there is no licensed 17/24 GHz BSS space station, or prior-filed application for a 17/24 GHz BSS space station, at a location less than four degrees from the orbital location at which the FSS applicant proposes to operate, and there is no licensed FSS space station, or prior-filed application for an FSS space station transmitting in the 17.3-17.8 GHz band, at a location less than two degrees from the orbital location at which the applicant proposes to operate. ( b ) Any U.S. licensee or permittee authorized to transmit in the 17.3-17.8 GHz band that does not comply with the applicable power flux-density limits set forth in § 25.140(a)(3)(iii) and/or (b)(3) shall bear the burden of coordinating with any future co-frequency licensees and permittees of a space station transmitting in the 17.3-17.8 GHz band as required in § 25.114(d)(15)(ii) . ( c ) If no good faith agreement can be reached, the operator of the FSS space station transmitting in the 17.3-17.8 GHz band that does not comply with § 25.140(a)(3)(iii) or the operator of the 17/24 GHz BSS space station that does not comply with § 25.140(b)(3) , shall reduce its power flux-density levels to be compliant with those specified in § 25.140(a)(3)(iii) and/or (b)(3) as appropriate. ( d ) Any U.S. licensee or permittee of a space station transmitting in the 17.3-17.8 GHz band that is required to provide information in its application pursuant to § 25.140(a)(2) or (b)(4) must accept any increased interference that may result from adjacent space stations transmitting in the 17.3-17.8 GHz band that are operating in compliance with the rules for such space stations specified in §§ 25.140(a) and (b) , 25.202(a)(9) and (e) through (g) , 25.210(i) through (j) , 25.224 , 25.262 , 25.264(h) , and 25.273(a)(3) . ( e ) Notwithstanding the provisions of this section, licensees and permittees will be allowed to apply for a license or authorization for a replacement satellite that will be operated at the same power level and interference protection as the satellite to be replaced. [ 87 FR 72407 , Nov. 25, 2022] § 25.263 Information sharing requirements for SDARS terrestrial repeater operators. This section requires SDARS licensees in the 2320-2345 MHz band to share information regarding the location and operation of terrestrial repeaters with WCS licensees in the 2305-2320 MHz and 2345-2360 MHz bands. Section 27.72 of this chapter requires WCS licensees to share information regarding the location and operation of base stations in the 2305-2320 MHz and 2345-2360 MHz bands with SDARS licensees in the 2320-2345 MHz band. ( a ) SDARS licensees must select terrestrial repeater sites and frequencies, to the extent practicable, to minimize the possibility of harmful interference to WCS base station operations in the 2305-2320 MHz and 2345-2360 MHz bands. ( b ) Notice requirements. SDARS licensees that intend to operate a new terrestrial repeater must, before commencing such operation, provide 10 business days prior notice to all potentially affected Wireless Communications Service (WCS) licensees. SDARS licensees that intend to modify an existing repeater must, before commencing such modified operation, provide 5 business days prior notice to all potentially affected WCS licensees. ( 1 ) For purposes of this section, a “potentially affected WCS licensee” is a WCS licensee that: ( i ) Is authorized to operate a base station in the 2305-2315 MHz or 2350-2360 MHz bands in the same Major Economic Area (MEA) as that in which the terrestrial repeater is to be located; ( ii ) Is authorized to operate base station in the 2315-2320 MHz or 2345-2350 MHz bands in the same Regional Economic Area Grouping (REAG) as that in which the terrestrial repeater is to be located; ( iii ) In addition to the WCS licensees identified in paragraphs (b)(1)(i) and (ii) of this section, in cases in which the SDARS licensee plans to deploy or modify a terrestrial repeater within 5 kilometers of the boundary of an MEA or REAG in which the terrestrial repeater is to be located, a potentially affected WCS licensee is one that is authorized to operate a WCS base station in that neighboring MEA or REAG within 5 kilometers of the location of the terrestrial repeater. ( 2 ) For the purposes of this section, a business day is defined by § 1.4(e)(2) of this chapter . ( 3 ) For modifications other than changes in location, a licensee may provide notice within 24 hours after the modified operation if the modification does not result in a predicted increase of the power flux density (PFD) at ground level by more than 1 dB since the last advance notice was given. If a demonstration is made by the WCS licensee that such modifications may cause harmful interference to WCS receivers, SDARS licensees will be required to provide notice 5 business days in advance of additional repeater modifications. ( 4 ) SDARS repeaters operating below 2 watts equivalent isotropically radiated power (EIRP) are exempt from the notice requirements set forth in this paragraph. ( 5 ) SDARS licensees are encouraged to develop separate coordination agreements with WCS licensees to facilitate efficient deployment of and coexistence between each service. To the extent the provisions of any such coordination agreement conflict with the requirements set forth herein, the procedures established under a coordination agreement will control. SDARS licensees must maintain a copy of any coordination agreement with a WCS license in their station files and disclose it to prospective assignees, transferees, or spectrum lessees and, upon request, to the Commission. ( 6 ) SDARS and WCS licensees may enter into agreements regarding alternative notification procedures. ( c ) Contents of notice. ( 1 ) Notification must be written ( e.g., certified letter, fax, or e-mail) and include the licensee's name, and the name, address, and telephone number of its coordination representative, unless the SDARS licensee and all potentially affected WCS licensees reach a mutual agreement to provide notification by some other means. WCS licensees and SDARS licensees may establish such a mutually agreeable alternative notification mechanism without prior Commission approval, provided that they comply with all other requirements of this section. ( 2 ) Regardless of the notification method, notification must specify relevant technical details, including, at a minimum: ( i ) The coordinates of the proposed repeater to an accuracy of no less than ±1 second latitude and longitude; ( ii ) The proposed operating power(s), frequency band(s), and emission(s); ( iii ) The antenna center height above ground and ground elevation above mean sea level, both to an accuracy of no less than ±1 meter; ( iv ) The antenna gain pattern(s) in the azimuth and elevation planes that include the peak of the main beam; and ( v ) The antenna downtilt angle(s). ( 3 ) An SDARS licensee operating terrestrial repeaters must maintain an accurate and up-to-date inventory of its terrestrial repeaters operating above 2 watts average EIRP, including the information set forth in § 25.263(c)(2) , which shall be available upon request by the Commission. ( d ) Calculation of Notice Period. Notice periods are calculated from the date of receipt by the licensee being notified. If notification is by mail, the date of receipt is evidenced by the return receipt on certified mail. If notification is by fax, the date of receipt is evidenced by the notifying party's fax transmission confirmation log. If notification is by e-mail, the date of receipt is evidenced by a return e-mail receipt. If the SDARS licensee and all potentially affected WCS licensees reach a mutual agreement to provide notification by some other means, that agreement must specify the method for determining the beginning of the notice period. ( e ) Duty to cooperate. SDARS licensees must cooperate in good faith in the selection and use of new repeater sites to reduce interference and make the most effective use of the authorized facilities. SDARS licensees should provide WCS licensees as much lead time as practicable to provide ample time to conduct analyses and opportunity for prudent repeater site selection prior to SDARS licensees entering into real estate and tower leasing or purchasing agreements. Licensees of stations suffering or causing harmful interference must cooperate in good faith and resolve such problems by mutually satisfactory arrangements. If the licensees are unable to do so, the Space Bureau, in consultation with the Office of Engineering and Technology and the Wireless Telecommunications Bureau, will consider the actions taken by the parties to mitigate the risk of and remedy any alleged interference. In determining the appropriate action, the Bureau will take into account the nature and extent of the interference and act promptly to remedy the interference. The Bureau may impose restrictions on SDARS licensees, including specifying the transmitter power, antenna height, or other technical or operational measures to remedy the interference, and will take into account previous measures by the licensees to mitigate the risk of interference. [ 75 FR 45069 , Aug. 2, 2010, as amended at 78 FR 9619 , Feb. 11, 2013; 88 FR 21441 , Apr. 10, 2023] § 25.264 Requirements to facilitate reverse-band operation in the 17.3-17.8 GHz band of 17/24 GHz BSS and DBS Service space stations. Cross Reference Link to an amendment published at 87 FR 72407 , Nov. 25, 2022. Cross Reference Link to an amendment published at 89 FR 58072 , July 17, 2024. Cross Reference Link to a correction published at 89 FR 58074 , July 17, 2024. ( a ) Each 17/24 GHz BSS space station applicant or licensee must submit a series of tables or graphs containing predicted off-axis gain data for each antenna that will transmit in the 17.3-17.8 GHz frequency band, in accordance with the following specifications. Using a Cartesian coordinate system wherein the X axis is tangent to the geostationary orbital arc with the positive direction pointing east, i.e., in the direction of travel of the satellite; the Y axis is parallel to a line passing through the geographic north and south poles of the Earth, with the positive direction pointing south; and the Z axis passes through the satellite and the center of the Earth, with the positive direction pointing toward the Earth, the applicant or licensee must provide the predicted transmitting antenna off-axis antenna gain information: ( 1 ) In the X-Z plane, i.e. , the plane of the geostationary orbit, over a range of ±30 degrees from the positive and negative X axes in increments of 5 degrees or less. ( 2 ) In planes rotated from the X-Z plane about the Z axis, over a range of ±60 degrees relative to the equatorial plane, in increments of 10 degrees or less. ( 3 ) In both polarizations. ( 4 ) At a minimum of three measurement frequencies determined with respect to the entire portion of the 17.3-17.8 GHz frequency band over which the space station is designed to transmit: 5 MHz above the lower edge of the band; at the band center frequency; and 5 MHz below the upper edge of the band. ( 5 ) Over a greater angular measurement range, if necessary, to account for any planned spacecraft orientation bias or change in operating orientation relative to the reference coordinate system. The applicant or licensee must state the reasons for including such additional information. ( 6 ) The predictive gain information must be submitted to the Commission when a license application is filed for a 17/24 GHz BSS space station or within 60 days after completion of critical design review for the space station, whichever occurs later. ( b ) A 17/24 GHz BSS space station applicant or licensee must submit power flux density (pfd) calculations based on the predicted gain data submitted in accordance with paragraph (a) of this section, as follows: ( 1 ) The pfd calculations must be provided at the location of all prior-filed U.S. DBS space stations where the applicant's pfd level exceeds the coordination trigger of −117 dBW/m 2 /100 kHz in the 17.3-17.8 GHz band. In this rule, the term prior-filed U.S. DBS space station refers to any co-frequency Direct Broadcast Satellite service space station for which an application was filed with the Commission, or an authorization was granted by the Commission, prior to the filing of the information and certifications required by paragraphs (a) and (b) of this section. The term prior-filed U.S. DBS space station does not include any applications (or authorizations) that have been denied, dismissed, or are otherwise no longer valid. Prior-filed U.S. DBS space stations may include foreign-licensed DBS space stations seeking authority to serve the United States market, but do not include foreign-licensed DBS space stations that have not filed applications with the Commission for market access in the United States. ( 2 ) The pfd calculations must take into account the maximum permitted longitudinal station-keeping tolerance, orbital inclination and orbital eccentricity of both the 17/24 GHz BSS and DBS space stations, and must: ( i ) Identify each prior-filed U.S. DBS space station at whose location the coordination threshold pfd level of −117 dBW/m 2 /100 kHz is exceeded; and ( ii ) Indicate the extent to which the calculated pfd of the 17/24 GHz space station's transmissions in the 17.3-17.8 GHz band exceed the threshold pfd level of −117 dBW/m 2 /100 kHz at those prior-filed U.S. DBS space station locations. ( 3 ) If the calculated pfd exceeds the threshold level of −117 dBW/m 2 /100 kHz at the location of any prior-filed U.S. DBS space station, the applicant or licensee must also provide with the pfd calculations a certification that all affected DBS operators acknowledge and do not object to such higher off-axis pfd levels. No such certification is required in cases where the DBS and 17/24 GHz BSS assigned operating frequencies do not overlap. ( 4 ) The information and any certification required by paragraph (b) of this section must be submitted to the Commission when a license application is filed for a 17/24 GHz BSS space station or within 60 days after completion of critical design review for the space station, whichever occurs later. Otherwise, such information and certifications must be submitted to the Commission within 24 months after the grant of an operating license for a 17/24 GHz BSS space station or when the applicant or licensee certifies completion of critical design review, whichever occurs first. ( c ) No later than 2 months prior to launch, each 17/24 GHz BSS space station licensee must update the predicted transmitting antenna off-axis gain information provided in accordance with paragraph (a) of this section by submitting measured transmitting antenna off-axis gain information over the angular ranges, measurement frequencies and polarizations specified in paragraphs (a)(1) through (5) of this section. The transmitting antenna off-axis gain information should be measured under conditions as close to flight configuration as possible. ( d ) No later than 2 months prior to launch, or when applying for authority to change the location of a 17/24 GHz BSS space station that is already in orbit, each 17/24 GHz BSS space station licensee must provide pfd calculations based on the measured off-axis gain data submitted in accordance with paragraph (c) of this section, as follows: ( 1 ) The pfd calculations must be provided: ( i ) At the location of all prior-filed U.S. DBS space stations as defined in paragraph (b)(1) of this section, where the applicant's pfd level in the 17.3-17.8 GHz band exceeds the coordination trigger of −117 dBW/m 2 /100 kHz; and ( ii ) At the location of any subsequently filed U.S. DBS space station where the pfd level in the 17.3-17.8 GHz band calculated on the basis of measured gain data exceeds −117 dBW/m 2 /100 kHz. In this rule, the term subsequently filed U.S. DBS space station refers to any co-frequency Direct Broadcast Satellite service space station proposed in a license application filed with the Commission after the 17/24 GHz BSS operator submitted the predicted data required by paragraphs (a) through (b) of this section but before submission of the measured data required by this paragraph. Subsequently-filed U.S. DBS space stations may include foreign-licensed DBS space stations seeking authority to serve the United States market. The term does not include any applications (or authorizations) that have been denied, dismissed, or are otherwise no longer valid, nor does it include foreign-licensed DBS space stations that have not filed applications with the Commission for market access in the United States. ( 2 ) The pfd calculations must take into account the maximum permitted longitudinal station-keeping tolerance, orbital inclination and orbital eccentricity of both the 17/24 GHz BSS and DBS space stations, and must: ( i ) Identify each prior-filed U.S. DBS space station at whose location the coordination threshold pfd level of −117 dBW/m 2 /100 kHz is exceeded; and ( ii ) Demonstrate the extent to which the applicant's or licensee's transmissions in the 17.3-17.8 GHz band exceed the threshold pfd level of −117 dBW/m 2 /100 kHz at those prior-filed U.S. DBS space station locations. ( e ) If the pfd level calculated from the measured data submitted in accordance with paragraph (d) of this section is in excess of the threshold pfd level of −117 dBW/m 2 /100 kHz: ( 1 ) At the location of any prior-filed U.S. DBS space station as defined in paragraph (b)(1) of this section, then the 17/24 GHz broadcasting-satellite operator must either: ( i ) Coordinate its operations that are in excess of the threshold pfd level of −117 dBW/m 2 /100 kHz with the affected prior-filed U.S. DBS space station operator, or ( ii ) Adjust its operating parameters so that at the location of the prior-filed U.S. DBS space station, the pfd level of −117 dBW/m 2 /100 kHz is not exceeded. ( 2 ) At the location of any subsequently-filed U.S. DBS space station as defined in paragraph (d)(1) of this section, where the pfd level submitted in accordance with paragraph (d) of this section, is also in excess of the pfd level calculated on the basis of the predicted data submitted in accordance with paragraph (a) of this section that were on file with the Commission at the time the DBS space station application was filed, then the 17/24 GHz broadcasting-satellite operator must either: ( i ) Coordinate with the affected subsequently-filed U.S. DBS space station operator all of its operations that are either in excess of the pfd level calculated on the basis of the predicted antenna off-axis gain data, or are in excess of the threshold pfd level of −117 dBW/m 2 /100 kHz, whichever is greater, or ( ii ) Adjust its operating parameters so that at the location of the subsequently-filed U.S. DBS space station, either the pfd level calculated on the basis of the predicted off-axis transmitting antenna gain data, or the threshold pfd level of −117 dBW/m 2 /100 kHz, whichever is greater, is not exceeded. ( 3 ) No coordination or adjustment of operating parameters is required in cases where the DBS and 17/24 GHz BSS operating frequencies do not overlap. ( f ) The 17/24 GHz BSS applicant or licensee must modify its license, or amend its application, as appropriate, based upon new information: ( 1 ) If the pfd levels submitted in accordance with paragraph (d) of this section, are in excess of those submitted in accordance with paragraph (b) of this section at the location of any prior-filed or subsequently-filed U.S. DBS space station as defined in paragraphs (b)(1) and (d)(1) of this section, or ( 2 ) If the 17/24 GHz BSS operator adjusts its operating parameters in accordance with paragraphs (e)(1)(ii) or (e)(2)(ii) or this section. ( g ) Absent an explicit agreement between operators to permit more closely spaced operations, U.S. authorized 17/24 GHz BSS space stations and U.S. authorized DBS space stations with co-frequency assignments may not be licensed to operate at locations separated by less than 0.2 degrees in orbital longitude. ( h ) All operational 17/24 GHz BSS space stations must be maintained in geostationary orbits that: ( 1 ) Do not exceed 0.075° of inclination. ( 2 ) Operate with an apogee less than or equal to 35,806 km above the surface of the Earth, and with a perigee greater than or equal to 35,766 km above the surface of the Earth ( i.e. , an eccentricity of less than 4.7 × 10 −4 ). ( i ) U.S. authorized DBS networks may claim protection from space path interference arising from the reverse-band operations of U.S. authorized 17/24 GHz BSS networks to the extent that the DBS space station operates within the bounds of inclination and eccentricity listed below. When the geostationary orbit of the DBS space station exceeds these bounds on inclination and eccentricity, it may not claim protection from any additional space path interference arising as a result of its inclined or eccentric operations and may only claim protection as if it were operating within the bounds listed below: ( 1 ) The DBS space station's orbit does not exceed 0.075° of inclination, and ( 2 ) The DBS space station's orbit maintains an apogee less than or equal to 35,806 km above the surface of the Earth, and a perigee greater than or equal to 35,766 km above the surface of the Earth ( i.e., an eccentricity of less than 4.7 × 10 −4 ). [ 76 FR 50431 , Aug. 15, 2011, as amended at 81 FR 55348 , Aug. 18, 2016] § 25.265 Acceptance of interference in 2000-2020 MHz. ( a ) MSS receivers operating in the 2000-2020 MHz band must accept interference from lawful operations in the 1995-2000 MHz band, where such interference is due to: ( 1 ) The in-band power of any operations in 1995-2000 MHz ( i.e., the portion of transmit power contained in the 1995-2000 MHz band); or ( 2 ) The portion of out-of-band emissions contained in 2000-2005 MHz. ( b ) [Reserved] [ 78 FR 8267 , Feb. 5, 2013] Subpart D—Technical Operations Source: 58 FR 13421 , Mar. 11, 1993, unless otherwise noted. § 25.271 Control of transmitting stations. ( a ) The licensee of a facility licensed under this part is responsible for the proper operation and maintenance of the station. ( b ) The licensee of a transmitting earth station licensed under this part shall ensure that a trained operator is present on the earth station site, or at a designated remote control point for the earth station, at all times that transmissions are being conducted. No operator's license is required for a person to operate or perform maintenance on facilities authorized under this part. ( c ) Authority will be granted to operate a transmitting earth station by remote control only on the conditions that: ( 1 ) The parameters of the transmissions of the remote station monitored at the control point, and the operational functions of the remote earth stations that can be controlled by the operator at the control point, are sufficient to ensure that the operations of the remote station(s) are at all times in full compliance with the remote station authorization(s); ( 2 ) The earth station facilities are protected by appropriate security measures to prevent unauthorized entry or operations; ( 3 ) Upon detection by the licensee, or upon notification from the Commission of a deviation or upon notification by another licensee of harmful interference, the operation of the remote station shall be immediately suspended by the operator at the control point until the deviation or interference is corrected, except that transmissions concerning the immediate safety of life or property may be conducted for the duration of the emergency; and ( 4 ) The licensee shall have available at all times the technical personnel necessary to perform expeditiously the technical servicing and maintenance of the remote stations. ( 5 ) Operators of blanket-licensed GSO FSS earth station networks that provide international service must maintain a control point within the United States, or maintain a point of contact within the United States available 24 hours a day, 7 days a week, with the ability to shut off any earth station within the network immediately upon notification of harmful interference. ( d ) The licensee shall ensure that the licensed facilities are properly secured against unauthorized access or use whenever an operator is not present at the transmitter. For space station operations, this includes securing satellite commands against unauthorized access and use. ( e ) [Reserved] ( f ) The licensee of any transmitting earth station licensed under this part must update the contact information provided in the most recent license application for the station within 10 days of any change therein. The updated information must be filed electronically in the “Other Filings” tab of the station's current authorization file in the International Communications Filing System. ( g ) All applicants shall ensure compliance with the Commission's radio frequency exposure requirements in §§ 1.1307(b) , 2.1091 , and 2.1093 of this chapter , as appropriate. Applicants with terminals that will exceed the guidelines in § 1.1310 of this chapter for radio frequency radiation exposure shall provide a plan for mitigation of radiation exposure to the extent required to meet those guidelines. Licensees of transmitting earth stations are prohibited from using remote earth stations in their networks that are not designed to stop transmission when synchronization to signals from the target satellite fails. [ 58 FR 13421 , Mar. 11, 1993, as amended at 66 FR 10631 , Feb. 16, 2001; 70 FR 4787 , Jan. 31, 2005; 70 FR 32257 , June 2, 2005; 74 FR 47107 , Sept. 15, 2009; 78 FR 8430 , Feb. 6, 2013; 79 FR 8325 , Feb. 12, 2014; 81 FR 55349 , Aug. 18, 2016; 82 FR 59986 , Dec. 18, 2017; 85 FR 18150 , Apr. 1, 2020; 85 FR 52453 , Aug. 25, 2020; 88 FR 21442 , Apr. 10, 2023] § 25.272 General inter-system coordination procedures. ( a ) Each space station licensee in the Fixed-Satellite Service shall establish a satellite network control center which will have the responsibility to do the following: ( 1 ) Monitor space-to-Earth transmissions in its system (thus indirectly monitoring uplink earth station transmissions in its system) and ( 2 ) Coordinate transmissions in its satellite system with those of other systems to prevent harmful interference incidents or, in the event of a harmful interference incident, to identify the source of the interference and correct the problem promptly. ( b ) [Reserved] ( c ) The transmitting earth station licensee shall provide the operator(s) of the satellites, on which the licensee is authorized to transmit, contact telephone numbers for the control center of the earth station and emergency telephone numbers for key personnel; a current file of these contacts shall be maintained at each satellite system control center. ( d ) An earth station licensee shall ensure that each of its authorized earth stations complies with the following: ( 1 ) The earth station licensee shall ensure that there is continuously available means of communications between the satellite network control center and the earth station operator or its remote control point as designated by the licensee. ( 2 ) The earth station operator shall notify the satellite network control center and receive permission from the control center before transmitting to the satellite or changing the basic characteristics of a transmission. ( 3 ) The earth station operator shall keep the space station licensee informed of all actual and planned usage. ( 4 ) Upon approval of the satellite network control center, the earth station operator may radiate an RF carrier into the designated transponder. Should improper illumination of the transponder or undue adjacent transponder interference be observed by the satellite network control center, the earth station operator shall immediately take whatever measures are needed to eliminate the problem. ( 5 ) The space station licensee may delegate the responsibility and duties of the satellite network control center to a technically qualified user or group of users, but the space station licensee shall remain ultimately responsible for the performance of those duties. [ 58 FR 13421 , Mar. 11, 1993, as amended at 62 FR 5931 , Feb. 10, 1997; 78 FR 8431 , Feb. 6, 2013; 79 FR 8325 , Feb. 12, 2014] § 25.273 Duties regarding space communications transmissions. ( a ) No person shall: ( 1 ) Transmit to a satellite unless the specific transmission is first authorized by the satellite network control center; ( 2 ) Conduct transmissions over a transponder unless the operator is authorized to transmit at that time by the satellite licensee or the satellite licensee's successor in interest; or ( 3 ) Transmit in any manner that causes unacceptable interference to the authorized transmission of another licensee. ( b ) Satellite operators shall provide upon request by the Commission and by earth station licensees authorized to transmit on their satellites relevant information needed to avoid unacceptable interference to other users, including the polarization angles for proper illumination of a given transponder. ( c ) Space station licensees are responsible for maintaining complete and accurate technical details of current and planned transmissions over their satellites, and shall require that authorized users of transponders on their satellites, whether by tariff or contract, provide any necessary technical information in this regard including that required by § 25.272 . Based on this information, space station licensees shall exchange among themselves general technical information concerning current and planned transmission parameters as needed to identify and promptly resolve any potential cases of unacceptable interference between their satellite systems. ( d ) Space stations authorized after May 10, 1993 which do not satisfy the requirements of § 25.210 may be required to accept greater constraints in resolving interference problems than complying ones. The extent of these constraints shall be determined on a case-by-case basis. [ 58 FR 13421 , Mar. 11, 1993, as amended at 78 FR 8431 , Feb. 6, 2013] § 25.274 Procedures to be followed in the event of harmful interference. ( a ) The earth station operator whose transmission is suffering harmful interference shall first check the earth station equipment to ensure that the equipment is functioning properly. ( b ) The earth station operator shall then check all other earth stations in the licensee's network that could be causing the harmful interference to ensure that none of them is the source of the interference and to verify that the interference is not from a local terrestrial source. ( c ) After the earth station operator has determined that the source of the interference is not another earth station operating in the same network or from a terrestrial source, the earth station operator shall contact the satellite system control center and advise the satellite operator of the problem. The control center operator shall observe the interference incident and make reasonable efforts to determine the source of the problem. A record shall be maintained by the control center operator and the earth station operator of all harmful interference incidents and their resolution. These records shall be made available to an FCC representative on request. ( d ) Where the suspected source of the interference incident is the operation of an earth station licensed to operate on one or more of the satellites in the satellite operator's system, the control center operator shall advise the offending earth station of the harmful interference incident and assist in the resolution of the problem where reasonably possible. ( e ) The earth station licensee whose operations are suspected of causing harmful interference to the operations of another earth station shall take reasonable measures to determine whether its operations are the source of the harmful interference problem. Where the operations of the suspect earth station are the source of the interference, the licensee of that earth station shall take all measures necessary to resolve the interference. ( f ) Where the earth station suspected of causing harmful interference to the operations of another earth station cannot be identified or is identified as an earth station operating on a satellite system other than the one on which the earth station suffering harmful interference is operating, it is the responsibility of a representative of the earth station suffering harmful interference to contact the control center of other satellite systems. The operator of the earth station suffering harmful interference is free to choose any representative to make this contact, including but not limited to the operator of the satellite system on which the earth station is operating. The operator of the earth station suffering harmful interference is also free to contact the control center of the other satellite systems directly. ( g ) At any point, the system control center operator may contact the Commission's Columbia Operations Center in Columbia, Maryland, to assist in resolving the matter. This office specializes in the resolution of satellite interference problems. All licensees are required to cooperate fully with the Commission in any investigation of interference problems. [ 58 FR 13421 , Mar. 11, 1993, as amended at 62 FR 5931 , Feb. 10, 1997; 70 FR 32257 , June 2, 2005; 78 FR 8431 , Feb. 6, 2013] § 25.275 Particulars of operation. ( a ) Radio station authorizations issued under this part will normally specify only the frequency bands authorized for transmission and/or reception of the station. ( b ) When authorized frequency bands are specified in the station authorization, the licensee is authorized to transmit any number of r.f. carriers on any discrete frequencies within an authorized frequency band in accordance with the other terms and conditions of the authorization and the requirements of this part. Specific r.f. carrier frequencies within the authorized frequency band shall be selected by the licensee to avoid unacceptable levels of interference being caused to other earth, space or terrestrial stations. Any coordination agreements, both domestic and international, concerning specific frequency usage constraints, including non-use of any particular frequencies within the frequency bands listed in the station authorization, are considered to be conditions of the station authorization. ( c ) A license for a transmitting earth station will normally specify only the r.f. carriers having the highest e.i.r.p. density, the narrowest bandwidth, and the largest bandwidth authorized for transmission from that station. Unless otherwise specified in the station authorization, the licensee is authorized to transmit any other type of carrier not specifically listed which does not exceed the highest e.i.r.p., e.i.r.p. density and bandwidth prescribed for any listed emission. ( d ) Only the most sensitive emission(s) for which protection is being afforded from interference in the authorized receive frequency band(s) will be specified in the station authorization. ( e ) Transmission from an earth station of an unmodulated carrier at a power level sufficient to saturate a satellite transponder is prohibited, except as consented to by the space station licensee to determine transponder performance characteristics. [ 58 FR 13421 , Mar. 11, 1993, as amended at 81 FR 55349 , Aug. 18, 2016] § 25.276 Points of communication. Unless otherwise specified in the station authorization, an earth station may transmit to any space station in the same radio service that is listed as a point of communication in the earth station license, provided that permission has been received from the space station operator to access that space station. [ 79 FR 8325 , Feb. 12, 2014] § 25.277 Temporary fixed earth station operations. ( a ) When an earth station in the Fixed-Satellite Service is to remain at a single location for fewer than 6 months, the location may be considered to be temporary fixed. Services provided at a single location which are initially known to be of longer than six months' duration shall not be provided under a temporary fixed authorization. ( b ) When a station, other than an ESV, authorized as a temporary fixed earth station, is to remain at a single location for more than six months, application for a regular station authorization at that location shall be filed at least 30 days prior to the expiration of the six-month period. ( c ) The licensee of an earth station, other than an ESV, which is authorized to conduct temporary fixed operations in bands shared co-equally with terrestrial fixed stations shall provide the following information to the Director of the Columbia Operations Center at 9200 Farmhouse Lane, Columbia, Maryland 21046, and to the licensees of all terrestrial facilities lying within the coordination contour of the proposed temporary fixed earth station site before beginning transmissions: ( 1 ) The name of the person operating the station and the telephone number at which the operator can be reached directly; ( 2 ) The exact frequency or frequencies used and the type of emissions and power levels to be transmitted; and ( 3 ) The commencement and anticipated termination dates of operation from each location. ( d ) Except as set forth in § 25.151(e) , transmissions may not be commenced until all affected terrestrial licensees have been notified and the earth station operator has confirmed that unacceptable interference will not be caused to such terrestrial stations. ( e ) Operations of temporary fixed earth stations shall cease immediately upon notice of harmful interference from the Commission or the affected licensee. ( f ) Filing requirements concerning applications for new temporary fixed earth station facilities operating in frequency bands shared co-equally with terrestrial fixed stations. ( 1 ) When the initial location of the temporary fixed earth station's operation is known, the applicant shall provide, as part of the Form 312 application, a frequency coordination report in accordance with § 25.203 for the initial station location. ( 2 ) When the initial location of the temporary fixed earth station's operation is not known at the time the application is filed, the applicant shall provide, as part of the Form 312 application, a statement by the applicant acknowledging its coordination responsibilities under § 25.277 . [ 58 FR 13421 , Mar. 11, 1993, as amended at 62 FR 5931 , Feb. 10, 1997; 70 FR 4787 , Jan. 31, 2005; 70 FR 32257 , June 2, 2005] § 25.278 Additional coordination obligation for non-geostationary and geostationary satellite systems in frequencies allocated to the fixed-satellite service. Licensees of non-geostationary satellite systems that use frequency bands allocated to the Fixed-Satellite Service for their feeder link operations shall coordinate their operations with licensees of geostationary Fixed-Satellite Service systems licensed by the Commission for operation in the same frequency bands. Licensees of geostationary Fixed-Satellite Service systems in the frequency bands that are licensed to non-geostationary satellite systems for feeder link operations shall coordinate their operations with the licensees of such non-geostationary satellite systems. [ 59 FR 53330 , Oct. 21, 1994, as amended at 78 FR 8431 , Feb. 6, 2013] § 25.279 Inter-satellite service. ( a ) Any satellite communicating with other space stations may use frequencies in the inter-satellite service as indicated in § 2.106 of this chapter . This does not preclude the use of other frequencies for such purposes as provided for in several service definitions, e.g. , FSS. The technical details of the proposed inter-satellite link shall be provided in accordance with § 25.114(c) . ( b ) Operating conditions. In order to ensure compatible operations with authorized users in the frequency bands to be utilized for operations in the inter-satellite service, these inter-satellite service systems must operate in accordance with the conditions specified in this section. ( 1 ) Coordination requirements with federal government users. ( i ) In frequency bands allocated for use by the inter-satellite service that are also authorized for use by agencies of the federal government, the federal use of frequencies in the inter-satellite service frequency bands is under the regulatory jurisdiction of the National Telecommunications and Information Administration (NTIA). ( ii ) The Commission will use its existing procedures to reach agreement with NTIA to achieve compatible operations between federal government users under the jurisdiction of NTIA and inter-satellite service systems through frequency assignment and coordination practice established by NTIA and the Interdepartment Radio Advisory Committee (IRAC). In order to facilitate such frequency assignment and coordination, applicants shall provide the Commission with sufficient information to evaluate electromagnetic compatibility with the federal government users of the spectrum, and any additional information requested by the Commission. As part of the coordination process, applicants shall show that they will not cause interference to authorized federal government users, based upon existing system information provided by the government. The frequency assignment and coordination of the satellite system shall be completed prior to grant of construction authorization. ( 2 ) Coordination among inter-satellite service systems. Applicants for authority to establish inter-satellite service are encouraged to coordinate their proposed frequency usage with existing permittees and licensees in the inter-satellite service whose facilities could be affected by the new proposal in terms of frequency interference or restricted system capacity. All affected applicants, permittees, and licensees, shall at the direction of the Commission, cooperate fully and make every reasonable effort to resolve technical problems and conflicts that may inhibit effective and efficient use of the radio spectrum; however, the permittee or licensee being coordinated with is not obligated to suggest changes or re-engineer an applicant's proposal in cases involving conflicts. [ 59 FR 53331 , Oct. 21, 1994, as amended at 65 FR 59144 , Oct. 4, 2000] § 25.280 Inclined orbit operations. ( a ) Satellite operators may commence operation in inclined orbit mode without obtaining prior Commission authorization provided that the Commission is notified by letter within 30 days after the last north-south station keeping maneuver. The notification shall include: ( 1 ) The operator's name; ( 2 ) The date of commencement of inclined orbit operation; ( 3 ) The initial inclination; ( 4 ) The rate of change in inclination per year; and ( 5 ) The expected end-of-life of the satellite accounting for inclined orbit operation, and the maneuvers specified under § 25.283 of the Commission's rules. ( b ) Licensees operating in inclined-orbit are required to: ( 1 ) Periodically correct the satellite attitude to achieve a stationary spacecraft antenna pattern on the surface of the Earth and centered on the satellite's designated service area; ( 2 ) Control all electrical interference to adjacent satellites, as a result of operating in an inclined orbit, to levels not to exceed that which would be caused by the satellite operating without an inclined orbit; ( 3 ) Not claim protection in excess of the protection that would be received by the satellite network operating without an inclined orbit; and ( 4 ) Continue to maintain the space station at the authorized longitude orbital location in the geostationary satellite arc with the appropriate east-west station-keeping tolerance. [ 69 FR 54587 , Sept. 9, 2004] § 25.281 Transmitter identification requirements for video uplink transmissions. ( a ) Earth-to-space transmissions carrying video information with analog modulation must be identified through use of an Automatic Transmitter Identification System (ATIS) with an analog identifier or a direct sequence spread spectrum signal. ( 1 ) Use of an analog identifier must be in accordance with the following requirements: ( i ) The ATIS signal must be a separate subcarrier that is automatically activated whenever any radio frequency signal is transmitted. ( ii ) The ATIS message must continuously repeat. ( iii ) The ATIS subcarrier signal must be generated at a frequency of 7.1 MHz ±25 kHz and modulate the uplink radio frequency carrier at a level no less than −26 dB (referenced to the unmodulated carrier). ( iv ) ATIS subcarrier deviation must not exceed 25 kHz. ( v ) The ATIS message protocol must be International Morse Code keyed by a 1200 Hz ±800 Hz tone representing a mark and a message rate of 15 to 25 words per minute. The tone must frequency-modulate the subcarrier signal with the ATIS message. ( vi ) The ATIS message must include the FCC-assigned call sign of the transmitting earth station, a telephone number providing immediate access to personnel capable of resolving interference or coordination problems, and a unique serial number of ten or more digits programmed into the ATIS message in a permanent manner so that it cannot be readily changed by the operator on duty. Additional information may be included in the ATIS data stream provided the total ATIS message length does not exceed 30 seconds. ( 2 ) Use of a direct sequence spread spectrum ATIS signal must be in accordance with the requirements in paragraphs (b)(1) and (2) of this section. ( b ) As of September 3, 2017, transmissions of fixed-frequency, digitally modulated video signals with a symbol rate of 128,000/s or more from a temporary-fixed earth station must be identified through use of an ATIS in accordance with the requirements that follow. ( 1 ) The ATIS message must be modulated onto a direct sequence spread spectrum signal in accordance with the DVB-CID standard, ETSI TS 103 129 V1.1.2 (2014-03) (incorporated by reference, see § 25.108 ). ( 2 ) The ATIS message must continuously repeat. Note 1 to paragraph ( b ): Paragraph (b) is waived for earth stations using modulators manufactured before August 1, 2017, that cannot be made compliant with the DVB-CID standard by a software upgrade. ( c ) ATIS equipment must be integrated into the uplink transmitter chain with a method that cannot easily be defeated. [ 79 FR 8325 , Feb. 12, 2014; 81 FR 33601 , May 31, 2016, as amended at 82 FR 40494 , Aug. 25, 2017] § 25.282 Orbit raising maneuvers. A space station authorized to operate in the geostationary satellite orbit under this part is also authorized to transmit in connection with short-term, transitory maneuvers directly related to post-launch, orbit-raising maneuvers, provided that the following conditions are met: ( a ) Authority is limited to those tracking, telemetry, and control frequencies in which the space station is authorized to operate once it reaches its assigned geostationary orbital location; ( b ) The space station operator will coordinate on an operator-to-operator basis with any potentially affected satellite networks. ( c ) The space station licensee is required to accept interference from any lawfully operating satellite network or radio communication system. [ 69 FR 54587 , Sept. 9, 2004, as amended at 85 FR 52453 , Aug. 25, 2020] § 25.283 End-of-life disposal. Cross Reference Link to an amendment published at 89 FR 65223 , Aug. 9, 2024. ( a ) Geostationary orbit space stations. Unless otherwise explicitly specified in an authorization, a space station authorized to operate in the geostationary satellite orbit under this part shall be relocated, at the end of its useful life, barring catastrophic failure of satellite components, to an orbit with a perigee with an altitude of no less than: 36,021 km + (1000·C R ·A/m) where C R is the solar radiation pressure coefficient of the spacecraft, and A/m is the Area to mass ratio, in square meters per kilogram, of the spacecraft. ( b ) A space station authorized to operate in the geostationary satellite orbit under this part may operate using its authorized tracking, telemetry and control frequencies, and outside of its assigned orbital location, for the purpose of removing the satellite from the geostationary satellite orbit at the end of its useful life, provided that the conditions of paragraph (a) of this section are met, and on the condition that the space station's tracking, telemetry and control transmissions are planned so as to avoid electrical interference to other space stations, and coordinated with any potentially affected satellite networks. ( c ) All space stations. Upon completion of any relocation authorized by paragraph (b) of this section, or any relocation at end-of-life specified in an authorization, or upon a spacecraft otherwise completing its authorized mission, a space station licensee shall ensure, unless prevented by technical failures beyond its control, that stored energy sources on board the satellite are discharged, by venting excess propellant, discharging batteries, relieving pressure vessels, or other appropriate measures. ( d ) The minimum perigee requirement of paragraph (a) of this section shall not apply to space stations launched prior to March 18, 2002. [ 69 FR 54588 , Sept. 9, 2004, as amended at 78 FR 8431 , Feb. 6, 2013; 81 FR 55349 , Aug. 18, 2016] § 25.284 [Reserved] § 25.285 Operation of MSS and ATC transmitters or transceivers on board civil aircraft. ( a ) Operation of any of the following devices aboard civil aircraft is prohibited, unless the device is installed in a manner approved by the Federal Aviation Administration or is used by the pilot or with the pilot's consent: ( 1 ) Earth stations capable of transmitting in the 1.5/1.6 GHz, 1.6/2.4 GHz, or 2 GHz Mobile-Satellite Service frequency bands; ( 2 ) ATC terminals capable of transmitting in the 1.5/1.6 GHz or 1.6/2.4 GHz MSS bands; ( 3 ) Earth stations used for non-voice, non-geostationary Mobile-Satellite Service communication that can emit radiation in the 108-137 MHz band. ( b ) No portable device of any type identified in paragraph (a) of this section (including transmitter or transceiver units installed in other devices that are themselves portable) may be sold or distributed to users unless it conspicuously bears the following warning: “This device must be turned off at all times while on board aircraft.” For purposes of this section, a device is portable if it is a “portable device” as defined in § 2.1093(b) of this chapter or is designed to be carried by hand. [ 79 FR 8325 , Feb. 12, 2014] § 25.286 Antenna painting and lighting. The owner of an earth station antenna structure must comply with all applicable painting, marking, and/or lighting requirements in part 17 of this chapter . In the event of default by the owner, the station licensee will be responsible for ensuring that such requirements are met. [ 79 FR 8326 , Feb. 12, 2014] § 25.287 Requirements pertaining to operation of mobile stations in the NVNG, 1.5/1.6 GHz, 1.6/2.4 GHz, and 2 GHz Mobile-Satellite Service bands. ( a ) Any mobile earth station (MES) operating in the 1530-1544 MHz and 1626.5-1645.5 MHz bands must have the following minimum set of capabilities to ensure compliance with Footnote 5.353A in 47 CFR 2.106 and the priority and real-time preemption requirements imposed by Footnote US315. ( 1 ) All MES transmissions must have a priority assigned to them that preserves the priority and preemptive access given to maritime distress and safety communications sharing the band. ( 2 ) Each MES with a requirement to handle maritime distress and safety data communications must be capable of either: ( i ) Recognizing message and call priority identification when transmitted from its associated Land Earth Station (LES), or ( ii ) Accepting message and call priority identification embedded in the message or call when transmitted from its associated LES and passing the identification to shipboard data message processing equipment. ( 3 ) Each MES must be assigned a unique terminal identification number that will be transmitted upon any attempt to gain access to a system. ( 4 ) After an MES has gained access to a system, the mobile terminal must be under control of an LES and must obtain all channel assignments from it. ( 5 ) All MESs that do not continuously monitor a separate signaling channel or signaling within the communications channel must monitor the signaling channel at the end of each transmission. ( 6 ) Each MES must automatically inhibit its transmissions if it is not correctly receiving separate signaling channel or signaling within the communications channel from its associated LES. ( 7 ) Each MES must automatically inhibit its transmissions on any or all channels upon receiving a channel-shut-off command on a signaling or communications channel it is receiving from its associated LES. ( 8 ) Each MES with a requirement to handle maritime distress and safety communications must have the capability within the station to automatically preempt lower precedence traffic. ( b ) Any LES for an MSS system operating in the 1530-1544 MHz and 1626.5-1645.5 MHz bands must have the following minimum set of capabilities to ensure compliance with Footnotes 5.353A and the priority and real-time preemption requirements imposed by Footnote US315. An LES fulfilling these requirements must not have any additional priority with respect to FSS stations operating with other systems. ( 1 ) LES transmissions to MESs must have a priority assigned to them that preserves the priority and preemptive access given to maritime distress and safety communications pursuant to paragraph (a) of this section. ( 2 ) The LES must recognize the priority of calls to and from MESs and make channel assignments taking into account the priority access that is given to maritime distress and safety communications. ( 3 ) The LES must be capable of receiving the MES identification number when transmitted and verifying that it is an authorized user of the system to prohibit unauthorized access. ( 4 ) The LES must be capable of transmitting channel assignment commands to the MESs. ( 5 ) The communications channels used between the LES and the MES shall have provision for signaling within the voice/data channel, for an MES that does not continuously monitor the LES signaling channel during a call. ( 6 ) The LES must transmit periodic control signals to MESs that do not continuously monitor the LES signaling channel. ( 7 ) The LES must automatically inhibit transmissions to an MES to which it is not transmitting in a signaling channel or signaling within the communications channel. ( 8 ) The LES must be capable of transmitting channel-shut-off commands to MESs on signaling or communications channels. ( 9 ) Each LES must be capable of interrupting, and if necessary, preempting ongoing routine traffic from an MES in order to complete a maritime distress, urgency or safety call to that MES. ( 10 ) Each LES must be capable of automatically turning off one or more of its associated channels in order to complete a maritime distress, urgency or safety call. ( c ) No person without an FCC license for such operation may transmit to a space station in the NVNG, 1.5/1.6 GHz, 1.6/2.4 GHz, or 2 GHz Mobile-Satellite Service from anywhere in the United States except to receive service from the holder of a pertinent FCC blanket license or from another party with the permission of such a blanket licensee. [ 79 FR 8326 , Feb. 12, 2014, as amended at 84 FR 53659 , Oct. 8, 2019] § 25.288 Obligation to remedy interference caused by NGSO MSS feeder downlinks in the 6700-6875 MHz band. If an NGSO MSS satellite transmitting in the 6700-6875 MHz band causes harmful interference to previously licensed co-frequency Public Safety facilities, the satellite operator has an obligation to remedy the interference. [ 81 FR 55349 , Aug. 18, 2016] § 25.289 Protection of GSO networks by NGSO systems. Unless otherwise provided in this chapter, an NGSO system licensee must not cause unacceptable interference to, or claim protection from, a GSO FSS or GSO BSS network. An NGSO FSS licensee operating in compliance with the applicable equivalent power flux-density limits in Article 22, Section II of the ITU Radio Regulations (incorporated by reference, § 25.108 ) will be considered as having fulfilled this obligation with respect to any GSO network. [ 82 FR 59986 , Dec. 18, 2017] § 25.290 Responsibility of licensee for blanket-licensed earth station operation. The holder of an FCC blanket earth station license is responsible for operation of any earth station under that license. Operators of satellite networks and systems must not transmit communications to or from such earth stations in the United States unless such communications are authorized under a service contract with the holder of a pertinent FCC blanket earth station license or under a service contract with another party with authority for such operation delegated by such a blanket licensee. [ 84 FR 53659 , Oct. 8, 2019] Subpart E—Miscellaneous § 25.301 Satellite Emergency Notification Devices (SENDs). No device described by the marketer or seller using the terms “SEND” or “Satellite Emergency Notification Device” may be marketed or sold in the United States unless it complies with the requirements of RTCM 12800.0 (incorporated by reference, see § 25.108 ). [ 88 FR 21442 , Apr. 10, 2023] Subpart F—Competitive Bidding Procedures for DARS Source: 62 FR 11106 , Mar. 11, 1997, unless otherwise noted. § 25.401 Satellite DARS applications subject to competitive bidding. Mutually exclusive initial applications for DARS service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this part. [ 67 FR 45373 , July 9, 2002] § 25.402 [Reserved] § 25.403 Bidding application and certification procedures. Submission of Supplemental Application Information. In order to be eligible to bid, each pending applicant must timely submit certain supplemental information. All supplemental information shall be filed by the applicant five days after publication of these rules in the Federal Register. The supplemental information must be certified and include the following: ( a ) Applicant's name; ( b ) Mailing Address (no Post Office boxes); ( c ) City; ( d ) State; ( e ) ZIP Code; ( f ) Auction Number 15; ( g ) FCC Account Number; ( h ) Person(s) authorized to make or withdraw a bid (list up to three individuals); ( i ) Certifications and name and title of person certifying the information provided; ( j ) Applicant's contact person and such person's telephone number, E-mail address and FAX number; and ( k ) Signature and date. § 25.404 Submission of down payment and filing of long-form applications. A high bidder that meets its down payment obligations in a timely manner must, within thirty (30) business days after being notified that it is a high bidder, submit an amendment to its pending application to provide the information required by § 25.144 . [ 67 FR 45373 , July 9, 2002] §§ 25.405-25.406 [Reserved] Subparts G-H [Reserved] Subpart I—Equal Employment Opportunities § 25.601 Equal employment opportunities. Notwithstanding other EEO provisions within these rules, an entity that uses an owned or leased Fixed-Satellite Service or Direct Broadcast Satellite Service or 17/24 GHz Broadcasting-Satellite Service facility (operating under this part) to provide video programming directly to the public on a subscription basis must comply with the equal employment opportunity requirements set forth in part 76, subpart E, of this chapter, if such entity exercises control (as defined in part 76, subpart E, of this chapter) over the video programming it distributes. Notwithstanding other EEO provisions within these rules, a licensee or permittee of a direct broadcast satellite station operating as a broadcaster, and a licensee or permittee in the satellite DARS service, must comply with the equal employment opportunity requirements set forth in 47 CFR part 73 . [ 72 FR 50033 , Aug. 29, 2007, as amended at 78 FR 8431 , Feb. 6, 2013; 81 FR 10122 , Feb. 29, 2016] Subpart J—Public Interest Obligations § 25.701 Other DBS Public interest obligations. ( a ) DBS providers are subject to the public interest obligations set forth in paragraphs (b) , (c) , (d) , (e) and (f) of this section. As used in this section, DBS providers are any of the following: ( 1 ) Entities licensed to operate satellites in the 12.2 to 12.7 GHz DBS frequency bands; or ( 2 ) Entities licensed to operate satellites in the Ku band Fixed-Satellite Service and that sell or lease capacity to a video programming distributor that offers service directly to consumers providing a sufficient number of channels so that four percent of the total applicable programming channels yields a set aside of at least one channel of non commercial programming pursuant to paragraph (e) of this section, or ( 3 ) Non U.S. licensed satellite operators in the Ku band that offer video programming directly to consumers in the United States pursuant to an earth station license issued under part 25 of this title and that offer a sufficient number of channels to consumers so that four percent of the total applicable programming channels yields a set aside of one channel of noncommercial programming pursuant to paragraph (e) of this section, or ( 4 ) Entities licensed to operate satellites in the 17/24 GHz BSS that offer video programming directly to consumers or that sell or lease capacity to a video programming distributor that offers service directly to consumers providing a sufficient number of channels so that four percent of the total applicable programming channels yields a set aside of at least one channel of noncommercial programming pursuant to paragraph (e) of this section, or ( 5 ) Non U.S. licensed satellite operators in the 17/24 GHz BSS that offer video programming directly to consumers in the United States or that sell or lease capacity to a video programming distributor that offers service directly to consumers in the United States pursuant to an earth station license issued under part 25 of this title and that offer a sufficient number of channels to consumers so that four percent of the total applicable programming channels yields a set aside of one channel of noncommercial programming pursuant to paragraph (e) of this section. ( b ) Political broadcasting requirements— ( 1 ) Legally qualified candidates for public office for purposes of this section are as defined in § 73.1940 of this chapter . ( 2 ) DBS origination programming is defined as programming (exclusive of broadcast signals) carried on a DBS facility over one or more channels and subject to the exclusive control of the DBS provider. ( 3 ) Reasonable access. ( i ) DBS providers must comply with section 312(a)(7) of the Communications Act of 1934, as amended, by allowing reasonable access to, or permitting purchase of reasonable amounts of time for, the use of their facilities by a legally qualified candidate for federal elective office on behalf of his or her candidacy. ( ii ) Weekend access. For purposes of providing reasonable access, DBS providers shall make facilities available for use by federal candidates on the weekend before the election if the DBS provider has provided similar access to commercial advertisers during the year preceding the relevant election period. DBS providers shall not discriminate between candidates with regard to weekend access. ( 4 ) Use of facilities; equal opportunities. DBS providers must comply with section 315 of the Communications Act of 1934, as amended, by providing equal opportunities to legally qualified candidates for DBS origination programming. ( i ) General requirements. Except as otherwise indicated in § 25.701(b)(3) , no DBS provider is required to permit the use of its facilities by any legally qualified candidate for public office, but if a DBS provider shall permit any such candidate to use its facilities, it shall afford equal opportunities to all other candidates for that office to use such facilities. Such DBS provider shall have no power of censorship over the material broadcast by any such candidate. Appearance by a legally qualified candidate on any: ( A ) Bona fide newscast; ( B ) Bona fide news interview; ( C ) Bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary); or ( D ) On the spot coverage of bona fide news events (including, but not limited to political conventions and activities incidental thereto) shall not be deemed to be use of a DBS provider's facility. (Section 315(a) of the Communications Act.) ( ii ) Uses. As used in this section and § 25.701(c) , the term “use” means a candidate appearance (including by voice or picture) that is not exempt under paragraphs (b)(3)(i)(A) through (b)(3)(i)(D) of this section. ( iii ) Timing of request. A request for equal opportunities must be submitted to the DBS provider within 1 week of the day on which the first prior use giving rise to the right of equal opportunities occurred: Provided, however, That where the person was not a candidate at the time of such first prior use, he or she shall submit his or her request within 1 week of the first subsequent use after he or she has become a legally qualified candidate for the office in question. ( iv ) Burden of proof. A candidate requesting equal opportunities of the DBS provider or complaining of noncompliance to the Commission shall have the burden of proving that he or she and his or her opponent are legally qualified candidates for the same public office. ( v ) Discrimination between candidates. In making time available to candidates for public office, no DBS provider shall make any discrimination between candidates in practices, regulations, facilities, or services for or in connection with the service rendered pursuant to this part, or make or give any preference to any candidate for public office or subject any such candidate to any prejudice or disadvantage; nor shall any DBS provider make any contract or other agreement that shall have the effect of permitting any legally qualified candidate for any public office to use DBS origination programming to the exclusion of other legally qualified candidates for the same public office. ( c ) Candidate rates — ( 1 ) Charges for use of DBS facilities. The charges, if any, made for the use of any DBS facility by any person who is a legally qualified candidate for any public office in connection with his or her campaign for nomination for election, or election, to such office shall not exceed: ( i ) During the 45 days preceding the date of a primary or primary runoff election and during the 60 days preceding the date of a general or special election in which such person is a candidate, the lowest unit charge of the DBS provider for the same class and amount of time for the same period. ( A ) A candidate shall be charged no more per unit than the DBS provider charges its most favored commercial advertisers for the same classes and amounts of time for the same periods. Any facility practices offered to commercial advertisers that enhance the value of advertising spots must be disclosed and made available to candidates upon equal terms. Such practices include but are not limited to any discount privileges that affect the value of advertising, such as bonus spots, time sensitive make goods, preemption priorities, or any other factors that enhance the value of the announcement. ( B ) The Commission recognizes non preemptible, preemptible with notice, immediately preemptible and run of schedule as distinct classes of time. ( C ) DBS providers may establish and define their own reasonable classes of immediately preemptible time so long as the differences between such classes are based on one or more demonstrable benefits associated with each class and are not based solely upon price or identity of the advertiser. Such demonstrable benefits include, but are not limited to, varying levels of preemption protection, scheduling flexibility, or associated privileges, such as guaranteed time sensitive make goods. DBS providers may not use class distinctions to defeat the purpose of the lowest unit charge requirement. All classes must be fully disclosed and made available to candidates. ( D ) DBS providers may establish reasonable classes of preemptible with notice time so long as they clearly define all such classes, fully disclose them and make them available to candidates. ( E ) DBS providers may treat non preemptible and fixed position as distinct classes of time provided that they articulate clearly the differences between such classes, fully disclose them, and make them available to candidates. ( F ) DBS providers shall not establish a separate, premium priced class of time sold only to candidates. DBS providers may sell higher priced non preemptible or fixed time to candidates if such a class of time is made available on a bona fide basis to both candidates and commercial advertisers, and provided such class is not functionally equivalent to any lower priced class of time sold to commercial advertisers. ( G ) [Reserved] ( H ) Lowest unit charge may be calculated on a weekly basis with respect to time that is sold on a weekly basis, such as rotations through particular programs or dayparts. DBS providers electing to calculate the lowest unit charge by such a method must include in that calculation all rates for all announcements scheduled in the rotation, including announcements aired under long term advertising contracts. DBS providers may implement rate increases during election periods only to the extent that such increases constitute “ordinary business practices,” such as seasonal program changes or changes in audience ratings. ( I ) DBS providers shall review their advertising records periodically throughout the election period to determine whether compliance with this section requires that candidates receive rebates or credits. Where necessary, DBS providers shall issue such rebates or credits promptly. ( J ) Unit rates charged as part of any package, whether individually negotiated or generally available to all advertisers, must be included in the lowest unit charge calculation for the same class and length of time in the same time period. A candidate cannot be required to purchase advertising in every program or daypart in a package as a condition for obtaining package unit rates. ( K ) DBS providers are not required to include non cash promotional merchandising incentives in lowest unit charge calculations; provided, however, that all such incentives must be offered to candidates as part of any purchases permitted by the system. Bonus spots, however, must be included in the calculation of the lowest unit charge calculation. ( L ) Make goods, defined as the rescheduling of preempted advertising, shall be provided to candidates prior to election day if a DBS provider has provided a time sensitive make good during the year preceding the pre election periods, respectively set forth in paragraph (c)(1)(i) of this section, to any commercial advertiser who purchased time in the same class. ( M ) DBS providers must disclose and make available to candidates any make good policies provided to commercial advertisers. If a DBS provider places a make good for any commercial advertiser or other candidate in a more valuable program or daypart, the value of such make good must be included in the calculation of the lowest unit charge for that program or daypart. ( ii ) At any time other than the respective periods set forth in paragraph (c)(1)(i) of this section, DBS providers may charge legally qualified candidates for public office no more than the charges made for comparable use of the facility by commercial advertisers. The rates, if any, charged all such candidates for the same office shall be uniform and shall not be rebated by any means, direct or indirect. A candidate shall be charged no more than the rate the DBS provider would charge for comparable commercial advertising. All discount privileges otherwise offered by a DBS provider to commercial advertisers must be disclosed and made available upon equal terms to all candidates for public office. ( 2 ) If a DBS provider permits a candidate to use its facilities, it shall make all discount privileges offered to commercial advertisers, including the lowest unit charges for each class and length of time in the same time period and all corresponding discount privileges, available on equal terms to all candidates. This duty includes an affirmative duty to disclose to candidates information about rates, terms, conditions and all value enhancing discount privileges offered to commercial advertisers, as provided herein. DBS providers may use reasonable discretion in making the disclosure; provided, however, that the disclosure includes, at a minimum, the following information: ( i ) A description and definition of each class of time available to commercial advertisers sufficiently complete enough to allow candidates to identify and understand what specific attributes differentiate each class; ( ii ) A description of the lowest unit charge and related privileges (such as priorities against preemption and make goods prior to specific deadlines) for each class of time offered to commercial advertisers; ( iii ) A description of the DBS provider's method of selling preemptible time based upon advertiser demand, commonly known as the “current selling level,” with the stipulation that candidates will be able to purchase at these demand generated rates in the same manner as commercial advertisers; ( iv ) An approximation of the likelihood of preemption for each kind of preemptible time; and ( v ) An explanation of the DBS provider's sales practices, if any, that are based on audience delivery, with the stipulation that candidates will be able to purchase this kind of time, if available to commercial advertisers. ( 3 ) Once disclosure is made, DBS providers shall negotiate in good faith to actually sell time to candidates in accordance with the disclosure. ( d ) Political file. ( 1 ) Each DBS operator engaged in origination programming shall maintain, and make available for public inspection, a complete record of a request to purchase adverting time that: ( i ) Is made by or on behalf of a legally qualified candidate for public office; or ( ii ) Communicates a message relating to any political matter of national importance, including: ( A ) A legally qualified candidate; ( B ) Any election to Federal office; or ( C ) A national legislative issue of public importance. ( 2 ) A record maintained under this paragraph shall contain information regarding: ( i ) Whether the request to purchase advertising time is accepted or rejected by the DBS operator; ( ii ) The rate charged for the advertising time; ( iii ) The date and time on which the communication is aired; ( iv ) The class of time that is purchased; ( v ) The name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers (as applicable); ( vi ) In the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and ( vii ) In the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. ( 3 ) When free time is provided for use by or on behalf of candidates, a record of the free time provided shall be placed in the political file. ( 4 ) All records required by this paragraph shall be placed in the online public file hosted by the Commission as soon as possible and shall be retained for a period of two years. As soon as possible means immediately absent unusual circumstances. ( e ) Commercial limits in children's programs. ( 1 ) No DBS provider shall air more than 10.5 minutes of commercial matter per hour during children's programming on weekends, or more that 12 minutes of commercial matter per hour on week days. ( 2 ) This rule shall not apply to programs aired on a broadcast television channel which the DBS provider passively carries, or to channels over which the DBS provider may not exercise editorial control, pursuant to 47 U.S.C. 335(b)(3) . ( 3 ) DBS providers airing children's programming must maintain in the online file hosted by the Commission records sufficient to verify compliance with this rule. Such records must be maintained for a period sufficient to cover the limitations period specified in 47 U.S.C. 503(b)(6)(B) . Note 1 to paragraph ( e ): Commercial matter means airtime sold for purposes of selling a product or service. Note 2 to paragraph ( e ): For purposes of this section, children's programming refers to programs originally produced and broadcast primarily for an audience of children 12 years old and younger. ( f ) Carriage obligation for noncommercial programming— ( 1 ) Reservation requirement. DBS providers shall reserve four percent of their channel capacity exclusively for use by qualified programmers for noncommercial programming of an educational or informational nature. Channel capacity shall be determined annually by calculating, based on measurements taken on a quarterly basis, the average number of channels available for video programming on all satellites licensed to the provider during the previous year. DBS providers may use this reserved capacity for any purpose until such time as it is used for noncommercial educational or informational programming. ( 2 ) Qualified programmer. For purposes of these rules, a qualified programmer is: ( i ) A noncommercial educational broadcast station as defined in section 397(6) of the Communications Act of 1934, as amended, ( ii ) A public telecommunications entity as defined in section 397(12) of the Communications Act of 1934, as amended, ( iii ) An accredited nonprofit educational institution or a governmental organization engaged in the formal education of enrolled students (A publicly supported educational institution must be accredited by the appropriate state department of education; a privately controlled educational institution must be accredited by the appropriate state department of education or the recognized regional and national accrediting organizations), or ( iv ) A nonprofit organization whose purposes are educational and include providing educational and instructional television material to such accredited institutions and governmental organizations. ( v ) Other noncommercial entities with an educational mission. ( 3 ) Editorial control. ( i ) A DBS operator will be required to make capacity available only to qualified programmers and may select among such programmers when demand exceeds the capacity of their reserved channels. ( ii ) A DBS operator may not require the programmers it selects to include particular programming on its channels. ( iii ) A DBS operator may not alter or censor the content of the programming provided by the qualified programmer using the channels reserved pursuant to this section. ( 4 ) Non-commercial channel limitation. A DBS operator cannot initially select a qualified programmer to fill more than one of its reserved channels except that, after all qualified entities that have sought access have been offered access on at least one channel, a provider may allocate additional channels to qualified programmers without having to make additional efforts to secure other qualified programmers. ( 5 ) Rates, terms and conditions. ( i ) In making the required reserved capacity available, DBS providers cannot charge rates that exceed costs that are directly related to making the capacity available to qualified programmers. Direct costs include only the cost of transmitting the signal to the uplink facility and uplinking the signal to the satellite. ( ii ) Rates for capacity reserved under paragraph (a) of this section shall not exceed 50 percent of the direct costs as defined in this section. ( iii ) Nothing in this section shall be construed to prohibit DBS providers from negotiating rates with qualified programmers that are less than 50 percent of direct costs or from paying qualified programmers for the use of their programming. ( iv ) DBS providers shall reserve discrete channels and offer these to qualifying programmers at consistent times to fulfill the reservation requirement described in these rules. ( 6 ) Public file. ( i ) In addition to the political file requirements in § 25.701 , each DBS provider shall maintain in the online file hosted by the Commission a complete and orderly record of: ( A ) Quarterly measurements of channel capacity and yearly average calculations on which it bases its four percent reservation, as well as its response to any capacity changes; ( B ) A record of entities to whom noncommercial capacity is being provided, the amount of capacity being provided to each entity, the conditions under which it is being provided and the rates, if any, being paid by the entity; ( C ) A record of entities that have requested capacity, disposition of those requests and reasons for the disposition. ( D ) Each satellite carrier shall, no later than July 31, 2020, provide an up-to-date email address for carriage election notice submissions and an up-to-date phone number for carriage-related questions. Each satellite carrier is responsible for the continuing accuracy and completeness of the information furnished. It must respond to questions from broadcasters as soon as is reasonably possible. ( ii ) All records required by paragraph (i) of this paragraph shall be placed in the online file hosted by the Commission as soon as possible and shall be retained for a period of two years. ( iii ) Each DBS provider must also place in the online file hosted by the Commission the records required to be placed in the public inspection file by § 25.701(e) (commercial limits in children's programs) and by § 25.601 and 47 CFR part 76, subpart E (equal employment opportunity requirements) and retain those records for the period required by those rules. ( iv ) Each DBS provider must provide a link to the online public inspection file hosted on the Commission's Web site from the home page of its own Web site, if the provider has a Web site, and provide on its Web site contact information for a representative who can assist any person with disabilities with issues related to the content of the public files. Each DBS provider also must include in the online public file hosted by the Commission the address of the provider's local public file, if the provider retains documents in the local public file that are not available in the Commission's online file, and the name, phone number, and email address of the provider's designated contact for questions about the public file. ( 7 ) Effective date. DBS providers are required to make channel capacity available pursuant to this section upon the effective date. Programming provided pursuant to this rule must be available to the public no later than six months after the effective date. [ 69 FR 23157 , Apr. 28, 2004, as amended at 72 FR 50033 , Aug. 29, 2007; 78 FR 8431 , Feb. 6, 2013; 81 FR 10122 , Feb. 29, 2016; 84 FR 45668 , Aug. 30, 2019; 87 FR 7754 , Feb. 10, 2022] § 25.702 Other SDARS Public interest obligations. ( a ) Political broadcasting requirements. The following political broadcasting rules shall apply to all SDARS licensees: 47 CFR 73.1940 (Legally qualified candidates for public office), 73.1941 (Equal opportunities), 73.1942 (Candidate rates), and 73.1944 (Reasonable access). ( b ) Political file. ( 1 ) Each SDARS licensee engaged in origination programming shall maintain, and make available for public inspection, a complete record of a request to purchase broadcast time that: ( i ) Is made by or on behalf of a legally qualified candidate for public office; or ( ii ) Communicates a message relating to any political matter of national importance, including: ( A ) A legally qualified candidate; ( B ) Any election to Federal office; or ( C ) A national legislative issue of public importance. ( 2 ) A record maintained under this paragraph shall contain information regarding: ( i ) Whether the request to purchase broadcast time is accepted or rejected by the licensee; ( ii ) The rate charged for the broadcast time; ( iii ) The date and time on which the communication is aired; ( iv ) The class of time that is purchased; ( v ) The name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers (as applicable); ( vi ) In the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and ( vii ) n the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. ( 3 ) When free time is provided for use by or on behalf of candidates, a record of the free time provided shall be placed in the political file. ( 4 ) All records required by this paragraph shall be placed in the online public file hosted by the Commission as soon as possible and shall be retained for a period of two years. As soon as possible means immediately absent unusual circumstances. ( c ) Public inspection file. ( 1 ) Each SDARS applicant or licensee must also place in the online public file hosted by the Commission the records required to be placed in the public inspection file by 47 CFR 25.601 and 73.2080 (equal employment opportunities (EEO)) and retain those records for the period required by those rules. ( 2 ) Each SDARS licensee must provide a link to the public inspection file hosted on the Commission's Web site from the home page of its own Web site, if the licensee has a Web site, and provide on its Web site contact information for a representative who can assist any person with disabilities with issues related to the content of the public files. Each SDARS licensee also must include in the online public file the address of the licensee's local public file, if the licensee retains documents in the local public file that are not available in the Commission's online file, and the name, phone number, and email address of the licensee's designated contact for questions about the public file. [ 81 FR 10122 , Feb. 29, 2016, as amended at 87 FR 7754 , Feb. 10, 2022]
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PART 10—WIRELESS EMERGENCY ALERTS Authority: 47 U.S.C. 151 , 154(i) and (o) , 201 , 303(r) , 403 , and 606 , 1202(a) , (b), (c), (f), 1203, 1204, and 1206. Cross Reference Link to an amendment published at 88 FR 86836 , Dec. 15, 2023. Source: 73 FR 43117 , July 24, 2008, unless otherwise noted. Subpart A—General Information § 10.1 Basis. The rules in this part are issued pursuant to the authority contained in the Warning, Alert, and Response Network Act, Title VI of the Security and Accountability for Every Port Act of 2006, Public Law 109-347 , Titles I through III of the Communications Act of 1934, as amended, and Executive Order 13407 of June 26, 2006, Public Alert and Warning System, 71 FR 36975 , June 26, 2006. § 10.2 Purpose. The rules in this part establish the requirements for participation in the voluntary Wireless Emergency Alerts system. [ 78 FR 16807 , Mar. 19, 2013] § 10.10 Definitions. ( a ) Alert Message. An Alert Message is a message that is intended to provide the recipient information regarding an emergency, and that meets the requirements for transmission by a Participating Commercial Mobile Service Provider under this part. ( b ) Common Alerting Protocol. The Common Alerting Protocol (CAP) refers to Organization for the Advancement of Structured Information Standards (OASIS) Standard CAP-V1.1, October 2005 (available at http://www.oasis-open.org/specs/index.php#capv1.1 ), or any subsequent version of CAP adopted by OASIS and implemented by the WEA. ( c ) Wireless Emergency Alerts. The Wireless Emergency Alerts (WEA) system refers to the voluntary emergency alerting system established by this part, whereby Commercial Mobile Service Providers may elect to transmit Alert Messages to the public. ( d ) Commercial Mobile Service Provider. A Commercial Mobile Service Provider (or CMS Provider) is an FCC licensee providing commercial mobile service as defined in section 332(d)(1) of the Communications Act of 1934 ( 47 U.S.C. 332(d)(1) ). Section 332(d)(1) defines the term commercial mobile service as any mobile service (as defined in 47 U.S.C. 153 ) that is provided for profit and makes interconnected service available to the public or to such classes of eligible users as to be effectively available to a substantial portion of the public, as specified by regulation by the Commission. ( e ) County and County Equivalent. The terms County and County Equivalent as used in this part are defined by Federal Information Processing Standards (FIPS) 6-4, which provides the names and codes that represent the counties and other entities treated as equivalent legal and/or statistical subdivisions of the 50 States, the District of Columbia, and the possessions and freely associated areas of the United States. Counties are considered to be the “first-order subdivisions” of each State and statistically equivalent entity, regardless of their local designations (county, parish, borough, etc. ). Thus, the following entities are considered to be equivalent to counties for legal and/or statistical purposes: The parishes of Louisiana; the boroughs and census areas of Alaska; the District of Columbia; the independent cities of Maryland, Missouri, Nevada, and Virginia; that part of Yellowstone National Park in Montana; and various entities in the possessions and associated areas. The FIPS codes and FIPS code documentation are available online at http://www.itl.nist.gov/fipspubs/index.htm . ( f ) Participating Commercial Mobile Service Provider. A Participating Commercial Mobile Service Provider (or a Participating CMS Provider) is a Commercial Mobile Service Provider that has voluntarily elected to transmit Alert Messages under subpart B of this part . ( g ) “C” Interface. The interface between the Alert Gateway and CMS provider Gateway. ( h ) CMS provider Gateway. The mechanism(s) that supports the “C” interface and associated protocols between the Alert Gateway and the CMS provider Gateway, and which performs the various functions associated with the authentication, management and dissemination of WEA Alert Messages received from the Alert Gateway. ( i ) CMS provider infrastructure. The mechanism(s) that distribute received WEA Alert Messages throughout the CMS provider's network, including cell site/paging transceivers and perform functions associated with authentication of interactions with the Mobile Device. ( j ) Mobile Devices. The subscriber equipment generally offered by CMS providers that supports the distribution of WEA Alert Messages. ( k ) CMS Provider participation “in whole.” CMS Providers that have agreed to transmit WEA Alert Messages in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission in the entirety of their geographic service area, and when all mobile devices that the CMS Providers offer at the point of sale are WEA-capable. ( l ) CMS Provider participation “in part.” CMS Providers that have agreed to transmit WEA Alert Messages in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission in some, but not in all of their geographic service areas, or CMS Providers that offer mobile devices at the point of sale that are not WEA-capable. [ 73 FR 43117 , July 24, 2008, as amended at 73 FR 54525 , Sept. 22, 2008; 78 FR 16807 , Mar. 19, 2013; 83 FR 8623 , Feb. 28, 2018] § 10.11 WEA implementation timeline. ( a ) Notwithstanding anything in this part to the contrary, a participating CMS provider shall begin an 18 month period of development, testing and deployment of the WEA in a manner consistent with the rules in this part no later than 10 months from the date that the Federal Alert Aggregator and Alert Gateway makes the Government Interface Design specifications available. ( b ) If a Participating CMS Provider's network infrastructure would generate and display WEA headers with the text “Presidential Alert” to subscribers upon receipt of a National Alert, or include the text “Presidential Alert” in a mobile device's settings menus, then by July 31, 2022, that Participating CMS Provider's network infrastructure shall either generate and display WEA headers and menus with the text “National Alert,” or no longer display those headers and menu text to the subscriber. Network infrastructure that is technically incapable of meeting this requirement, such as situations in which legacy devices or networks cannot be updated to support header display changes, are exempt from this requirement. [ 78 FR 16807 , Mar. 19, 2013, as amended at 86 FR 46790 , Aug. 20, 2021; 87 FR 34213 , June 6, 2022] Subpart B—Election To Participate in Wireless Emergency Alerts System Source: 73 FR 54525 , Sept. 22, 2008, unless otherwise noted. § 10.210 WEA participation election procedures. Cross Reference Link to an amendment published at 88 FR 86837 , Dec. 15, 2023. Cross Reference Link to a correction of the above amendment published at 89 FR 2885 , Jan. 17, 2024. ( a ) A CMS provider that elects to transmit WEA Alert Messages, in part or in whole as defined by § 10.10(k) and (l) , shall electronically file with the Commission a letter attesting that the Provider: ( 1 ) Agrees to transmit such alerts in a manner consistent with the technical standards, protocols, procedures, and other technical requirements implemented by the Commission; and ( 2 ) Commits to support the development and deployment of technology for the “C” interface, the CMS provider Gateway, the CMS provider infrastructure, and mobile devices with WEA functionality and support of the CMS provider selected technology. ( b ) A CMS provider that elects not to transmit WEA Alert Messages shall file electronically with the Commission a letter attesting to that fact. ( c ) CMS providers shall file their election electronically to the docket. [ 73 FR 54525 , Sept. 22, 2008, as amended at 78 FR 16807 , Mar. 19, 2013; 83 FR 8623 , Feb. 28, 2018] § 10.220 Withdrawal of election to participate in WEA. A CMS provider that elects to transmit WEA Alert Messages, in part or in whole, may withdraw its election without regulatory penalty or forfeiture if it notifies all affected subscribers as well as the Federal Communications Commission at least sixty (60) days prior to the withdrawal of its election. In the event that a carrier withdraws from its election to transmit WEA Alert Messages, the carrier must notify each affected subscriber individually in clear and conspicuous language citing the statute. Such notice must promptly inform the customer that he or she no longer could expect to receive alerts and of his or her right to terminate service as a result, without penalty or early termination fee. Such notice must facilitate the ability of a customer to automatically respond and immediately discontinue service. [ 78 FR 16807 , Mar. 19, 2013] § 10.230 New CMS providers participating in WEA. CMS providers who initiate service at a date after the election procedure provided for in § 10.210(d) and who elect to provide WEA Alert Messages, in part or in whole, shall file electronically their election to transmit in the manner and with the attestations described in § 10.210(a) . [ 78 FR 16807 , Mar. 19, 2013] § 10.240 Notification to new subscribers of non-participation in WEA. ( a ) A CMS provider that elects not to transmit WEA Alert Messages, in part or in whole, shall provide clear and conspicuous notice, which takes into account the needs of persons with disabilities, to new subscribers of its non-election or partial election to provide Alert messages at the point-of-sale. ( b ) The point-of-sale includes stores, kiosks, third party reseller locations, web sites (proprietary or third party), and any other venue through which the CMS provider's devices and services are marketed or sold. ( c ) CMS Providers electing to transmit alerts “in part” shall use the following notification: NOTICE REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial Mobile Alert Service) [[CMS provider]] has chosen to offer wireless emergency alerts, including enhanced geo-targeting, within portions of its service area, as defined by the terms and conditions of its service agreement, on wireless emergency alert capable devices. There is no additional charge for these wireless emergency alerts. Wireless emergency alerts, including enhanced geo-targeting, may not be available on all devices or in the entire service area, or if a subscriber is outside of the [[CMS provider]] service area. For details on the availability of this service and wireless emergency alert capable devices, including the availability and benefits of enhanced geo-targeting, please ask a sales representative, or go to [[CMS provider's URL]]. Notice required by FCC Rule 47 CFR 10.240 (Commercial Mobile Alert Service) ( d ) CMS providers electing in whole not to transmit alerts shall use the following notification language: NOTICE TO NEW AND EXISTING SUBSCRIBERS REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS (Commercial Mobile Alert Service) [[CMS provider]] presently does not transmit wireless emergency alerts. Notice required by FCC Rule 47 CFR 10.240 (Commercial Mobile Alert Service). [ 73 FR 54525 , Sept. 22, 2008, as amended at 78 FR 16807 , Mar. 19, 2013; 83 FR 8623 , Feb. 28, 2018] § 10.250 Notification to existing subscribers of non-participation in WEA. ( a ) A CMS provider that elects not to transmit WEA Alert Messages, in part or in whole, shall provide clear and conspicuous notice, which takes into account the needs of persons with disabilities, to existing subscribers of its non-election or partial election to provide Alert messages by means of an announcement amending the existing subscriber's service agreement. ( b ) For purposes of this section, a CMS provider that elects not to transmit WEA Alert Messages, in part or in whole, shall use the notification language set forth in § 10.240 (c) or (d) respectively, except that the last line of the notice shall reference FCC Rule 47 CFR 10.250 , rather than FCC Rule 47 CFR 10.240 . ( c ) In the case of prepaid customers, if a mailing address is available, the CMS provider shall provide the required notification via U.S. mail. If no mailing address is available, the CMS provider shall use any reasonable method at its disposal to alert the customer to a change in the terms and conditions of service and directing the subscriber to voice-based notification or to a Web site providing the required notification. [ 73 FR 54525 , Sept. 22, 2008, as amended at 78 FR 16807 , Mar. 19, 2013] § 10.260 Timing of subscriber notification. A CMS provider that elects not to transmit WEA Alert Messages, in part or in whole, must comply with §§ 10.240 and 10.250 no later than 60 days following an announcement by the Commission that the Alert Aggregator/Gateway system is operational and capable of delivering emergency alerts to participating CMS providers. [ 78 FR 16807 , Mar. 19, 2013] § 10.270 Subscribers' right to terminate subscription. If a CMS provider that has elected to provide WEA Alert Messages in whole or in part thereafter chooses to cease providing such alerts, either in whole or in part, its subscribers may terminate their subscription without penalty or early termination fee. [ 78 FR 16807 , Mar. 19, 2013] § 10.280 Subscribers' right to opt out of WEA notifications. ( a ) CMS providers may provide their subscribers with the option to opt out of the “Child Abduction Emergency/AMBER Alert,” “Imminent Threat Alert” and “Public Safety Message” classes of Alert Messages. ( b ) CMS providers shall provide their subscribers with a clear indication of what each option means, and provide examples of the types of messages the customer may not receive as a result of opting out. [ 73 FR 54525 , Sept. 22, 2008, as amended at 78 FR 16808 , Mar. 19, 2013; 81 FR 75725 , Nov. 1, 2016] Subpart C—System Architecture § 10.300 Alert aggregator. [Reserved] § 10.310 Federal alert gateway. [Reserved] § 10.320 Provider alert gateway requirements. This section specifies the functions that each Participating Commercial Mobile Service provider is required to support and perform at its CMS provider gateways. ( a ) General. The CMS provider gateway must provide secure, redundant, and reliable connections to receive Alert Messages from the Federal alert gateway. Each CMS provider gateway must be identified by a unique IP address or domain name. ( b ) Authentication and validation. The CMS provider gateway must authenticate interactions with the Federal alert gateway, and validate Alert Message integrity and parameters. The CMS provider gateway must provide an error message immediately to the Federal alert gateway if a validation fails. ( c ) Security. The CMS provider gateway must support standardized IP-based security mechanisms such as a firewall, and support the defined WEA “C” interface and associated protocols between the Federal alert gateway and the CMS provider gateway. ( d ) Geographic targeting. The CMS provider gateway must determine whether the provider has elected to transmit an Alert Message within a specified alert area and, if so, map the Alert Message to an associated set of transmission sites. ( e ) Message management — ( 1 ) Formatting. The CMS provider gateway is not required to perform any formatting, reformatting, or translation of an Alert Message, except for transcoding a text, audio, video, or multimedia file into the format supported by mobile devices. ( 2 ) Reception. The CMS provider gateway must support a mechanism to stop and start Alert Message deliveries from the Federal alert gateway to the CMS provider gateway. ( 3 ) Prioritization. The CMS provider gateway must process an Alert Message on a first in-first out basis except for National Alerts, which must be processed before all non-National Alerts. ( 4 ) Distribution. A Participating CMS provider must deploy one or more CMS provider gateways to support distribution of Alert Messages and to manage Alert Message traffic. ( 5 ) Retransmission. The CMS provider gateway must manage and execute Alert Message retransmission, and support a mechanism to manage congestion within the CMS provider's infrastructure. ( f ) CMS provider profile. The CMS provider gateway will provide profile information on the CMS provider for the Federal alert gateway to maintain at the Federal alert gateway. This profile information must be provided by an authorized CMS provider representative to the Federal alert gateway administrator. The profile information must include the data listed in Table 10.320(f) and must comply with the following procedures: ( 1 ) The information must be provided 30 days in advance of the date when the CMS provider begins to transmit WEA alerts. ( 2 ) Updates of any CMS provider profiles must be provided in writing at least 30 days in advance of the effective change date. Table 10.320 ( f )—CMSP Profile on Federal Alert Gateway Profile parameter Parameter election Description CMSP Name Unique identification of CMSP. CMSP gateway Address IP address or Domain Name Alternate IP address Optional and subject to implementation. Geo-Location Filtering <yes/no> If “yes” the only CMAM issued in the listed states will be sent to the CMSP gateway. If “no”, all CMAM will be sent to the CMSP gateway. If yes, list of states CMAC Geocode for state List can be state name or abbreviated state name. ( g ) Alert logging. The CMS provider gateway must perform the following functions: ( 1 ) Logging requirements. Log the CMAC attributes of all Alert Messages received at the CMS Provider Alert Gateway, including time stamps that verify when the message is received, and when it is retransmitted or rejected by the Participating CMS Provider Alert Gateway. If an Alert Message is rejected, a Participating CMS Provider is required to log the specific error code generated by the rejection. ( 2 ) Maintenance of logs. Participating CMS Providers are required to maintain a log of all active and cancelled Alert Messages for at least 12 months after receipt of such alert or cancellation. ( 3 ) Availability of logs. Participating CMS Providers are required to make their alert logs available to the Commission and FEMA upon request. Participating CMS Providers are also required to make alert logs available to emergency management agencies that offer confidentiality protection at least equal to that provided by the federal Freedom of Information Act (FOIA) upon request, but only insofar as those logs pertain to Alert Messages initiated by that emergency management agency. [ 73 FR 43117 , July 24, 2008, as amended at 78 FR 16808 , Mar. 19, 2013; 81 FR 75725 , Nov. 1, 2016; 86 FR 46790 , Aug. 20, 2021] § 10.330 Provider infrastructure requirements. This section specifies the general functions that a Participating CMS Provider is required to perform within their infrastructure. Infrastructure functions are dependent upon the capabilities of the delivery technologies implemented by a Participating CMS Provider. ( a ) Distribution of Alert Messages to mobile devices. ( b ) Authentication of interactions with mobile devices. ( c ) Reference Points D & E. Reference Point D is the interface between a CMS Provider gateway and its infrastructure. Reference Point E is the interface between a provider's infrastructure and mobile devices including air interfaces. Reference Points D and E protocols are defined and controlled by each Participating CMS Provider. § 10.340 Digital television transmission towers retransmission capability. Licensees and permittees of noncommercial educational broadcast television stations (NCE) or public broadcast television stations (to the extent such stations fall within the scope of those terms as defined in section 397(6) of the Communications Act of 1934 ( 47 U.S.C. 397(6) )) are required to install on, or as part of, any broadcast television digital signal transmitter, equipment to enable the distribution of geographically targeted alerts by commercial mobile service providers that have elected to transmit WEA alerts. Such equipment and technologies must have the capability of allowing licensees and permittees of NCE and public broadcast television stations to receive WEA alerts from the Alert Gateway over an alternate, secure interface and then to transmit such WEA alerts to CMS Provider Gateways of participating CMS providers. This equipment must be installed no later than eighteen months from the date of receipt of funding permitted under section 606(b) of the WARN Act or 18 months from the effective date of these rules, whichever is later. [ 78 FR 16808 , Mar. 19, 2013] § 10.350 WEA testing and proficiency training requirements. Cross Reference Link to an amendment published at 88 FR 86837 , Dec. 15, 2023. Cross Reference Link to an update of the above amendment published at 89 FR 51265 , June 17, 2024. This section specifies the testing that is required of Participating CMS Providers. ( a ) Required monthly tests. Testing of the WEA from the Federal Alert Gateway to each Participating CMS Provider's infrastructure shall be conducted monthly. ( 1 ) A Participating CMS Provider's Gateway shall support the ability to receive a required monthly test (RMT) message initiated by the Federal Alert Gateway Administrator. ( 2 ) Participating CMS Providers shall schedule the distribution of the RMT to their WEA coverage area over a 24 hour period commencing upon receipt of the RMT at the CMS Provider Gateway. Participating CMS Providers shall determine the method to distribute the RMTs, and may schedule over the 24 hour period the delivery of RMTs over geographic subsets of their coverage area to manage traffic loads and to accommodate maintenance windows. ( 3 ) A Participating CMS Provider may forego an RMT if the RMT is pre-empted by actual alert traffic or if an unforeseen condition in the CMS Provider infrastructure precludes distribution of the RMT. A Participating CMS Provider Gateway shall indicate such an unforeseen condition by a response code to the Federal Alert Gateway. ( 4 ) The RMT shall be initiated only by the Federal Alert Gateway Administrator using a defined test message. Real event codes or alert messages shall not be used for the WEA RMT message. ( 5 ) A Participating CMS Provider shall distribute an RMT within its WEA coverage area within 24 hours of receipt by the CMS Provider Gateway unless pre-empted by actual alert traffic or unable due to an unforeseen condition. ( 6 ) A Participating CMS Provider may provide mobile devices with the capability of receiving RMT messages. ( 7 ) A Participating CMS Provider must retain an automated log of RMT messages received by the CMS Provider Gateway from the Federal Alert Gateway. ( b ) Periodic C interface testing. In addition to the required monthly tests, a Participating CMS Provider must participate in periodic testing of the interfaces between the Federal Alert Gateway and its CMS Provider Gateway, including the public television broadcast-based backup to the C-interface. This periodic interface testing is not intended to test the CMS Provider's infrastructure nor the mobile devices but rather is required to ensure the availability/viability of both gateway functions. Each CMS Provider Gateway shall send an acknowledgement to the Federal Alert Gateway upon receipt of such interface test messages. Real event codes or Alert Messages shall not be used for this periodic interface testing. ( c ) State/Local WEA Testing. A Participating CMS Provider must support State/Local WEA Tests in a manner that complies with the Alert Message Requirements specified in Subpart D. ( 1 ) A Participating CMS Provider's Gateway shall support the ability to receive a State/Local WEA Test message initiated by the Federal Alert Gateway Administrator. ( 2 ) A Participating CMS Provider shall immediately transmit a State/Local WEA Test to the geographic area specified by the alert originator. ( 3 ) A Participating CMS Provider may forego a State/Local WEA Test if the State/Local WEA Test is pre-empted by actual alert traffic or if an unforeseen condition in the CMS Provider infrastructure precludes distribution of the State/Local WEA Test. If a Participating CMS Provider Gateway forgoes a State/Local WEA Test, it shall send a response code to the Federal Alert Gateway indicating the reason. ( 4 ) Participating CMS Providers shall provide their subscribers with the option to opt in to receive State/Local WEA Tests. ( d ) Performance and Public Awareness Tests. Participating CMS Providers may participate in no more than two (2) WEA tests per county (or county equivalent), per calendar year that the public receives by default, provided that the entity conducting the test: ( 1 ) Conducts outreach and notifies the public before the test that live event codes will be used, but that no emergency is, in fact, occurring; ( 2 ) To the extent technically feasible, states in the test message that the event is only a test; ( 3 ) Coordinates the test among Participating CMS Providers and with State and local emergency authorities, the relevant SECC (or SECCs, if the test could affect multiple States), and first responder organizations, such as PSAPs, police, and fire agencies); and ( 4 ) Provides in widely accessible formats the notification to the public required by this paragraph that the test is only a test and is not a warning about an actual emergency. [ 73 FR 47558 , Aug. 14, 2008, as amended at 78 FR 16808 , Mar. 19, 2013; 81 FR 75726 , Nov. 1, 2016; 88 FR 86837 , December 15, 2023; 89 FR 51265 , June 17, 2024] Subpart D—Alert Message Requirements § 10.400 Classification. A Participating CMS Provider is required to receive and transmit four classes of Alert Messages: Presidential Alert; Imminent Threat Alert; Child Abduction Emergency/AMBER Alert; and Public Safety Message. ( a ) National Alert. A National Alert is an alert issued by the President of the United States or the President's authorized designee, or by the Administrator of FEMA. National Alerts may be either nationwide or regional in distribution. ( b ) Imminent Threat Alert. An Imminent Threat Alert is an alert that meets a minimum value for each of three CAP elements: Urgency, Severity, and Certainty. ( 1 ) Urgency. The CAP Urgency element must be either Immediate ( i.e. , responsive action should be taken immediately) or Expected ( i.e. , responsive action should be taken soon, within the next hour). ( 2 ) Severity. The CAP Severity element must be either Extreme ( i.e. , an extraordinary threat to life or property) or Severe ( i.e. , a significant threat to life or property). ( 3 ) Certainty. The CAP Certainty element must be either Observed ( i.e. , determined to have occurred or to be ongoing) or Likely ( i.e. , has a probability of greater than 50 percent). ( c ) Child Abduction Emergency/AMBER Alert. ( 1 ) An AMBER Alert is an alert initiated by a local government official based on the U.S. Department of Justice's five criteria that should be met before an alert is activated: ( i ) Law enforcement confirms a child has been abducted; ( ii ) The child is 17 years or younger; ( iii ) Law enforcement believes the child is in imminent danger of serious bodily harm or death; ( iv ) There is enough descriptive information about the victim and the abduction to believe an immediate broadcast alert will help; and ( v ) The child's name and other data have been entered into the National Crime Information Center. ( 2 ) There are four types of AMBER Alerts: Family Abduction; Non-family Abduction; Lost, Injured or Otherwise Missing; and Endangered Runaway. ( i ) Family Abduction. A Family Abduction (FA) alert involves an abductor who is a family member of the abducted child such as a parent, aunt, grandfather, or stepfather. ( ii ) Nonfamily Abduction. A Nonfamily Abduction (NFA) alert involves an abductor unrelated to the abducted child, either someone unknown to the child and/or the child's family or an acquaintance/friend of the child and/or the child's family. ( iii ) Lost, Injured, or Otherwise Missing. A Lost, Injured, or Otherwise Missing (LIM) alert involves a case where the circumstances of the child's disappearance are unknown. ( iv ) Endangered Runaway. An Endangered Runaway (ERU) alert involves a missing child who is believed to have run away and in imminent danger. ( d ) Public Safety Message. A Public Safety Message is an essential public safety advisory that prescribes one or more actions likely to save lives and/or safeguard property during an emergency. A Public Safety Message may only be issued in connection with an Alert Message classified in paragraphs (a) , (b) or (c) of this section. [ 73 FR 43117 , July 24, 2008, as amended at 81 FR 75726 , Nov. 1, 2016; 86 FR 46790 , Aug. 20, 2021] § 10.410 Prioritization. A Participating CMS Provider is required to transmit National Alerts upon receipt. National Alerts preempt all other Alert Messages. A Participating CMS Provider is required to transmit Imminent Threat Alerts, AMBER Alerts and Public Safety Messages on a first in-first out (FIFO) basis. [ 86 FR 46790 , Aug. 20, 2021] § 10.420 Message elements. A WEA Alert Message processed by a Participating CMS Provider shall include five mandatory CAP elements—Event Type; Area Affected; Recommended Action; Expiration Time (with time zone); and Sending Agency. This requirement does not apply to National Alerts. [ 86 FR 46790 , Aug. 20, 2021] § 10.430 Character limit. A Participating CMS Provider must support transmission of an Alert Message that contains a maximum of 360 characters of alphanumeric text. If, however, some or all of a Participating CMS Provider's network infrastructure is technically incapable of supporting the transmission of a 360-character maximum Alert Message, then that Participating CMS Provider must support transmission of an Alert Message that contains a maximum of 90 characters of alphanumeric text on and only on those elements of its network incapable of supporting a 360 character Alert Message. [ 81 FR 75726 , Nov. 1, 2016] § 10.441 Embedded references. Participating CMS Providers are required to support Alert Messages that include an embedded Uniform Resource Locator (URL), which is a reference (an address) to a resource on the Internet, or an embedded telephone number. [ 81 FR 75726 , Nov. 1, 2016] § 10.450 Geographic targeting. This section establishes minimum requirements for the geographic targeting of Alert Messages. ( a ) This section establishes minimum requirements for the geographic targeting of Alert Messages. A Participating CMS Provider will determine which of its network facilities, elements, and locations will be used to geographically target Alert Messages. A Participating CMS Provider must deliver any Alert Message that is specified by a circle or polygon to an area that matches the specified circle or polygon. A Participating CMS Provider is considered to have matched the target area when they deliver an Alert Message to 100 percent of the target area with no more than 0.1 of a mile overshoot. If some or all of a Participating CMS Provider's network infrastructure is technically incapable of matching the specified target area, then that Participating CMS Provider must deliver the Alert Message to an area that best approximates the specified target area on and only on those aspects of its network infrastructure that are incapable of matching the target area. A Participating CMS Provider's network infrastructure may be considered technically incapable of matching the target area in limited circumstances, including when the target area is outside of the Participating CMS Provider's network coverage area, when mobile devices have location services disabled, and when legacy networks or devices cannot be updated to support this functionality. ( b ) Upon request from an emergency management agency, a Participating CMS Provider will disclose information regarding their capabilities for geo-targeting Alert Messages. A Participating CMS Provider is only required to disclose this information to an emergency management agency insofar as it would pertain to Alert Messages initiated by that emergency management agency, and only so long as the emergency management agency offers confidentiality protection at least equal to that provided by the federal FOIA. ( c ) In matching the target area, Participating CMS Providers may not limit the availability of 360 characters for the Alert Message text. [ 81 FR 75726 , Nov. 1, 2016, as amended at 83 FR 8623 , Feb. 28, 2018] § 10.460 Retransmission frequency. [Reserved] § 10.470 Roaming. When, pursuant to a roaming agreement ( see § 20.12 of this chapter ), a subscriber receives services from a roamed-upon network of a Participating CMS Provider, the Participating CMS Provider must support WEA alerts to the roaming subscriber to the extent the subscriber's mobile device is configured for and technically capable of receiving WEA alerts. [ 78 FR 16808 , Mar. 19, 2013] § 10.480 Language support. Cross Reference Link to an amendment published at 88 FR 86837 , Dec. 15, 2023. Participating CMS Providers are required to transmit WEA Alert Messages that are issued in the Spanish language or that contain Spanish-language characters. [ 81 FR 75726 , Nov. 1, 2016] Subpart E—Equipment Requirements § 10.500 General requirements. Cross Reference Link to an amendment published at 88 FR 86837 , Dec. 15, 2023. WEA mobile device functionality is dependent on the capabilities of a Participating CMS Provider's delivery technologies. Mobile devices are required to perform the following functions: ( a ) Authentication of interactions with CMS Provider infrastructure. ( b ) Monitoring for Alert Messages. ( c ) Maintaining subscriber alert opt-out selections, if any. ( d ) Maintaining subscriber alert language preferences, if any. ( e ) Extraction of alert content in English or the subscriber's preferred language, if applicable. ( f ) Presentation of alert content to the device, consistent with subscriber opt-out selections. National Alerts must always be presented. ( g ) Detection and suppression of presentation of duplicate alerts. ( h ) Preservation of Alert Messages in a consumer-accessible format and location for at least 24 hours or until deleted by the subscriber. [ 73 FR 43117 , July 24, 2008, as amended at 78 FR 16808 , Mar. 19, 2013; 83 FR 8623 , Feb. 28, 2018; 86 FR 46790 , Aug. 20, 2021] § 10.510 Call preemption prohibition. Devices marketed for public use under part 10 must present an Alert Message as soon as they receive it, but may not enable an Alert Message to preempt an active voice or data session. If a mobile device receives a WEA Alert Message during an active voice or data session, the user may be given the option to control how the Alert Message is presented on the mobile device with respect to the use of the common vibration cadence and audio attention signal. [ 81 FR 75726 , Nov. 1, 2016] § 10.520 Common audio attention signal. A Participating CMS Provider and equipment manufacturers may only market devices for public use under part 10 that include an audio attention signal that meets the requirements of this section. ( a ) The audio attention signal must have a temporal pattern of one long tone of two (2) seconds, followed by two short tones of one (1) second each, with a half (0.5) second interval between each tone. The entire sequence must be repeated twice with a half (0.5) second interval between each repetition. ( b ) For devices that have polyphonic capabilities, the audio attention signal must consist of the fundamental frequencies of 853 Hz and 960 Hz transmitted simultaneously. ( c ) For devices with only a monophonic capability, the audio attention signal must be 960 Hz. ( d ) ( 1 ) No person may transmit or cause to transmit the WEA common audio attention signal, or a recording or simulation thereof, in any circumstance other than in an actual National, State or Local Area emergency or authorized test, except as designed and used for Public Service Announcements (PSAs) by federal, state, local, tribal and territorial entities, and non-governmental organizations in coordination with those entities, to raise public awareness about emergency alerting, provided that the entity presents the PSA in a non-misleading manner, including by explicitly stating that the emergency alerting attention signal is being used in the context of a PSA for the purpose of educating the viewing or listening public about emergency alerting. ( 2 ) If the Administrator of the Federal Emergency Management Agency (FEMA) or a State, local, Tribal, or territorial government entity becomes aware of transmission of a WEA false alert to the public, they are encouraged to send an email to the Commission at the FCC Ops Center at FCCOPS@fcc.gov , informing the Commission of the event and of any details that they may have concerning the event. ( e ) A device may include the capability to mute the audio attention signal. [ 73 FR 43117 , July 24, 2008, as amended at 81 FR 75727 , Nov. 1, 2016; 86 FR 46790 , Aug. 20, 2021; 87 FR 34213 , June 6, 2022] § 10.530 Common vibration cadence. A Participating CMS Provider and equipment manufacturers may only market devices for public use under part 10 that include a vibration cadence capability that meets the requirements of this section. ( a ) The vibration cadence must have a temporal pattern of one long vibration of two (2) seconds, followed by two short vibrations of one (1) second each, with a half (0.5) second interval between each vibration. The entire sequence must be repeated twice with a half (0.5) second interval between each repetition. ( b ) The vibration cadence must be restricted to use for Alert Messages under part 10. ( c ) A device may include the capability to mute the vibration cadence. § 10.540 Attestation requirement. [Reserved]
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Subpart B—Applications and Authorizations § 18.201 Scope. This subpart contains the procedures and requirements for authorization to market or operate ISM equipment under this part. § 18.203 Equipment authorization. ( a ) Consumer ISM equipment, unless otherwise specified, must be authorized under either the Supplier's Declaration of Conformity or the certification procedure prior to use or marketing. An application for certification shall be filed with a Telecommunication Certification Body (TCB), pursuant to the relevant sections in part 2, subpart J of this chapter . ( b ) Consumer ultrasonic equipment generating less than 500 watts and operating below 90 kHz, and non-consumer ISM equipment shall be subject to Supplier's Declaration of Conformity, in accordance with the relevant sections of part 2, subpart J of this chapter . ( c ) Grants of equipment authorization issued, as well as on-site certifications performed, before March 1, 1986, remain in effect and no further action is required. [ 82 FR 50834 , Nov. 2, 2017] § 18.207 Technical report. When required by the Commission a technical report shall include at least the following information: ( a ) A description of the measurement facilities in accordance with § 2.948 . If such a description is already on file with the Commission, it may be included by reference. ( b ) A copy of the installation and operating instructions furnished to the user. A draft copy of such instructions may be submitted with the application, provided a copy of the actual document to be furnished to the user is submitted as soon as it is available, but no later than 60 days after the grant of the application. ( c ) The full name and mailing address of the manufacturer of the device and/or applicant filing for the equipment authorization. ( d ) The FCC Identifier, trade name(s), and/or model number(s) under which the equipment is or will be marketed. ( e ) A statement of the rated technical parameters that includes: ( 1 ) A block and schematic diagram of the circuitry. ( 2 ) Nominal operating frequency. ( 3 ) Maximum RF energy generated. ( 4 ) Electrical power requirements of equipment. ( 5 ) Any other pertinent operating characteristics. ( f ) A report of measurements, including a list of the measuring equipment used, and a statement of the date when the measuring equipment was last calibrated and when the measurements were made. The frequency range that was investigated in obtaining the report of measurements shall be indicated. See also §§ 18.309 and 18.311 . [ 50 FR 36067 , Sept. 5, 1985, as amended at 63 FR 36603 , July 7, 1998] § 18.209 Identification of authorized equipment. Each device for which a grant of equipment authorization is issued under this part shall be identified pursuant to the applicable provisions of subpart J of part 2 of this chapter . [ 82 FR 50834 , Nov. 2, 2017] § 18.211 Multiple listing of equipment. ( a ) When the same or essentially the same equipment will be marketed under more than one FCC Identifier, equipment authorization must be requested on an FCC Form 731 for each FCC Identifier. ( b ) If equipment authorization for additional FCC Identifiers is requested in the initial application, a statement shall be included describing how these additional devices differ from the basic device which was measured and stating that the report of measurements submitted for the basic device applies also to the additional devices. ( c ) If equipment authorization for additional FCC Identifiers is requested after a grant has been issued by the FCC for the basic device, the application may, in lieu of the report of measurements, be accompanied by a statement including: ( 1 ) FCC Identifier of device for which measurements are on file with the FCC. ( 2 ) Date when equipment authorization was granted for the device(s) listed under paragraph (c)(1) of this section and the file number of such grant. ( 3 ) Description of the difference between the device listed under paragraph (c)(1) of this section and the additional device(s). ( 4 ) A statement that the report of measurements filed for the device listed under paragraph (c)(1) of this section applies also to the additional device(s). ( 5 ) Photographs pursuant to § 2.1033(c) . § 18.212 Compliance information. ( a ) Equipment authorized under Supplier's Declaration of Conformity shall include a compliance statement that contains the information set forth in § 2.1077 of this chapter and a statement identical or similar to the following: “ This device complies with part 18 of the FCC Rules.” ( b ) The compliance information may be placed in the instruction manual, on a separate sheet, on the packaging, or electronically as permitted under § 2.935 of this chapter . There is no specific format for this information. [ 82 FR 50834 , Nov. 2, 2017] § 18.213 Information to the user. Information on the following matters shall be provided to the user in the instruction manual or on the packaging if an instruction manual is not provided for any type of ISM equipment: ( a ) The interference potential of the device or system ( b ) Maintenance of the system ( c ) Simple measures that can be taken by the user to correct interference. ( d ) Manufacturers of RF lighting devices must provide an advisory statement, either on the product packaging or with other user documentation, similar to the following: This product may cause interference to radio equipment and should not be installed near maritime safety communications equipment or other critical navigation or communication equipment operating between 0.45-30 MHz. Variations of this language are permitted provided all the points of the statement are addressed and may be presented in any legible font or text style. [ 50 FR 36069 , Sept. 5, 1985, as amended at 51 FR 17970 , May 16, 1986; 64 FR 37419 , July 12, 1999]
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PART 65—INTERSTATE RATE OF RETURN PRESCRIPTION, PROCEDURES, AND METHODOLOGIES Authority: 47 U.S.C. 151 , 154(i) , 155 , 201 , 205 , 214 , 219 , 220 , 254 , 303(r) , 403 , and 1302 unless otherwise noted. Subpart A—General § 65.1 Application of part 65. ( a ) This part establishes procedures and methodologies for Commission prescription of an authorized unitary interstate exchange access rate of return and individual rates of return for the interstate exchange access rates of certain carriers pursuant to § 65.102 . This part shall apply to those interstate services of local exchange carriers as the Commission shall designate by rule or order, except that all local exchange carriers shall provide to the Commission that information which the Commission requests for purposes of conducting prescription proceedings pursuant to this part. ( b ) Local exchange carriers subject to §§ 61.41 through 61.49 of this chapter are exempt from the requirements of this part with the following exceptions: ( 1 ) Except as otherwise required by Commission order, carriers subject to §§ 61.41 through 61.49 of this chapter shall employ the rate of return value calculated for interstate access services in complying with any applicable rules under parts 36 and 69 that require a return component; ( 2 ) Carriers subject to §§ 61.41 through 61.49 of this chapter shall be subject to § 65.600(d) ; ( 3 ) Carriers subject to §§ 61.41 through 61.49 of this chapter shall continue to comply with the prescribed rate of return when offering any services specified in § 61.42(f) of this chapter unless the Commission otherwise directs; and ( 4 ) Carriers subject to §§ 61.41 through 61.49 of this chapter shall comply with Commission information requests made pursuant to § 65.1(a) . [ 60 FR 28543 , June 1, 1995] Subpart B—Procedures § 65.100 Participation and acceptance of service designation. ( a ) All interstate exchange access carriers, their customers, and any member of the public may participate in rate of return proceedings to determine the authorized unitary interstate exchange access or individual interstate exchange access rates of return authorized pursuant to § 65.102 . ( b ) Participants shall state in their initial pleading in a prescription proceeding whether they wish to receive service of documents and other material filed in the proceeding. Participants that wish to receive service by hand on the filing dates when so required by this part 65 shall specify in their initial pleading in a prescription proceeding, as specified in § 65.103 (b) and (c) , an agent for acceptance of service by hand in the District of Columbia. The participant may elect in its pleading to receive service by mail or upon an agent at another location. When such an election is made, other participants need not complete service on the filing date, and requests for extension of time due to delays in completion of service will not be entertained. [ 60 FR 28544 , June 1, 1995] § 65.101 Initiation of unitary rate of return prescription proceedings. ( a ) Whenever the Commission determines that the monthly average yields on ten (10) year United States Treasury securities remain, for a consecutive six (6) month period, at least 150 basis points above or below the average of the monthly average yields in effect for the consecutive six (6) month period immediately prior to the effective date of the current prescription, the Commission shall issue a notice inquiring whether a rate of return prescription according to this part should commence. This notice shall state: ( 1 ) The deadlines for filing initial and reply comments regarding the notice; ( 2 ) The cost of debt, cost of preferred stock, and capital structure computed in accordance with §§ 65.302 , 65.303 , and 65.304 ; and ( 3 ) Such other information as the Commission may deem proper. ( b ) Based on the information submitted in response to the notice described in § 65.101(a) , and on any other information specifically identified, the Commission may issue a notice initiating a prescription proceeding pursuant to this part. ( c ) The Chief, Wireline Competition Bureau, may issue the notice described in § 65.101(a) . [ 60 FR 28544 , June 1, 1995, as amended at 67 FR 13229 , Mar. 21, 2002] § 65.102 Petitions for exclusion from unitary treatment and for individual treatment in determining authorized return for interstate exchange access service. ( a ) Exclusion from unitary treatment will be granted for a period of two years if the cost of capital for interstate exchange service is so low as to be confiscatory because it is outside the zone of reasonableness for the individual carrier's required rate of return for interstate exchange access services. ( b ) A petition for exclusion from unitary treatment and for individual treatment must plead with particularity the exceptional facts and circumstances that justify individual treatment. The showing shall include a demonstration that the exceptional facts and circumstances are not of transitory effect, such that exclusion for a period of a least two years is justified. ( c ) A petition for exclusion from unitary treatment and for individual treatment may be filed at any time. When a petition is filed at a time other than that specified in § 65.103(b)(2) , the petitioner must provide compelling evidence that its need for individual treatment is not simply the result of short-term fluctuations in the cost of capital or similar events. [ 60 FR 28544 , June 1, 1995] § 65.103 Procedures for filing rate of return submissions. ( a ) Rate of return submissions listed in § 65.103 (b)(1) and (c) may include any relevant information, subject to the page limitations of § 65.104 . The Chief, Wireline Competition Bureau, may require from carriers providing interstate services, and from other participants submitting rate of return submissions, data, studies or other information that are reasonably calculated to lead to a full and fair record. ( b ) In proceedings to prescribe an authorized unitary rate of return on interstate access services, interested parties may file direct case submissions, responses, and rebuttals. Direct case submissions shall be filed within sixty (60) calendar days following the effective date of a Commission notice initiating a rate of return proceeding pursuant to § 65.101(b) . Rate of return submissions responsive to the direct case submissions shall be filed within sixty (60) calendar days after the deadline for filing direct case submissions. Rebuttal submissions shall be field within twenty-one (21) calendar days after the deadline for filing responsive submissions. ( c ) Petitions for exclusion from unitary treatment and for individual treatment may be filed on the same date as the deadline for filing responsive rate of return submissions. Oppositions shall be filed within 35 calendar days thereafter. Rebuttal submissions shall be filed within 21 calendar days after the deadline for filing responsive submissions. ( d ) An original and 4 copies of all rate of return submissions shall be filed with the Secretary. ( e ) The filing party shall serve a copy of each rate of return submission, other than an initial submission, on all participants who have filed a designation of service notice pursuant to § 65.100(b) . [ 60 FR 28544 , June 1, 1995, as amended at 67 FR 13229 , Mar. 21, 2002] § 65.104 Page limitations for rate of return submissions. Rate of return submissions, including all argument, attachments, appendices, supplements, and supporting materials, such as testimony, data and documents, but excluding tables of contents and summaries of argument, shall be subject to the following double spaced typewritten page limits: ( a ) The direct case submission of any participant shall not exceed 70 pages in length. ( b ) The responsive submission of any participant shall not exceed 70 pages in length. ( c ) The rebuttal submission of any participant shall not exceed 50 pages in length. ( d ) Petitions for exclusion from unitary treatment shall not exceed 70 pages in length. Oppositions to petitions for exclusion shall not exceed 50 pages in length. Rebuttals shall not exceed 35 pages in length. [ 60 FR 28544 , June 1, 1995] § 65.105 Discovery. ( a ) Participants shall file with each rate of return submission copies of all information, including studies, financial analysts' reports, and any other documents relied upon by participants or their experts in the preparation of their submission. Information filed pursuant to this paragraph for which protection from disclosure is sought shall be filed subject to protective orders which shall be duly granted by the Chief, Wireline Competition Bureau, for good cause shown. ( b ) Participants may file written interrogatories and requests for documents directed to any rate of return submission and not otherwise filed pursuant to § 65.105(a) . The permissible scope of examination is that participants may be examined upon any matter, not privileged, that will demonstrably lead to the production of material, relevant, decisionally significant evidence. ( c ) Discovery requests pursuant to § 65.105(b) , including written interrogatories, shall be filed within 14 calendar days after the filing of the rate of return submission to which the request is directed. Discovery requests that are not opposed shall be complied with within 14 calendar days of the request date. ( d ) Oppositions to discovery requests made pursuant to § 65.105(b) , including written interrogatories, shall be filed within 7 calendar days after requests are filed. The Chief, Wireline Competition Bureau, shall rule upon any such opposition. Except as stayed by the Commission or a Court, any required response to a discovery request that is opposed shall be provided within 14 calendar days after release of the ruling of the Chief, Wireline Competition Bureau. ( e ) An original and 4 copies of all information described in § 65.105(a) and all requests, oppositions, and responses made pursuant to § 65.105 (a) , (b) and (d) shall be filed with the Secretary. ( f ) Service of requests, oppositions, and responses made pursuant to § 65.105 (b) and (d) shall be made upon all participants who have filed a designation of service notice pursuant to § 65.100(b) . Service of requests upon participants who have filed designation of service notices pursuant to § 65.100(b) shall be made by hand on the filing dates thereof. [ 60 FR 28544 , June 1, 1995, as amended at 67 FR 13229 , Mar. 21, 2002] Subpart C—Exchange Carriers § 65.300 Calculations of the components and weights of the cost of capital. ( a ) Sections 65.301 through 65.303 specify the calculations that are to be performed in computing cost of debt, cost of preferred stock, and financial structure weights for prescription proceedings. The calculations shall determine, where applicable, a composite cost of debt, a composite cost of preferred stock, and a composite financial structure for all local exchange carriers with annual revenues equal to or above the indexed revenue threshold as defined in § 32.9000 . The calculations shall be based on data reported to the Commission in FCC Report 43-02. (See 47 CFR 43.21 ). The results of the calculations shall be used in the represcription proceeding to which they relate unless the record in that proceeding shows that their use would be unreasonable. ( b ) Excluded from cost of capital calculations made pursuant to § 65.300 shall be those sources of financing that are not investor supplied, or that are otherwise subtracted from a carrier's rate base pursuant to Commission orders governing the calculation of net rate base amounts in tariff filings that are made pursuant to section 203 of the Communications Act of 1934, 47 U.S.C. 203 , or that were treated as “zero cost” sources of financing in section 450 and subpart G of this part 65. Specifically excluded are: accounts payable, accrued taxes, accrued interest, dividends payable, deferred credits and operating reserves, deferred taxes and deferred tax credits. [ 60 FR 28545 , June 1, 1995, as amended at 67 FR 5702 , Feb. 6, 2002] § 65.301 Cost of equity. The cost of equity shall be determined in represcription proceedings after giving full consideration to the evidence in the record, including such evidence as the Commission may officially notice. [ 60 FR 28545 , June 1, 1995] § 65.302 Cost of debt. The formula for determining the cost of debt is equal to: Where: “Total Annual Interest Expense” is the total interest expense for the most recent year for all local exchange carriers with annual revenues equal to or above the indexed revenue threshold as defined in § 32.9000 of this chapter . “Average Outstanding Debt” is the average of the total debt outstanding at the beginning and at the end of the most recent year for all local exchange carriers with annual revenues equal to or above the indexed revenue threshold as defined in § 32.9000 of this chapter . [ 81 FR 24344 , Apr. 25, 2016] § 65.303 Cost of preferred stock. The formula for determining the cost of preferred stock is: Where: “Total Annual Preferred Dividends” is the total dividends on preferred stock for the most recent two years for all local exchange carriers with annual revenues equal to or above the indexed revenue threshold as defined in § 32.9000 . “Proceeds from the Issuance of Preferred Stock” is the average of the total net proceeds from the issuance of preferred stock for the most recent two years for all local exchange carriers with annual revenues equal to or above the indexed revenue threshold as defined in § 32.9000 . [ 60 FR 28545 , June 1, 1995, as amended at 67 FR 5702 , Feb. 6, 2002] § 65.304 Capital structure. The proportion of each cost of capital component in the capital structure is equal to: Proportion in the capital structure = Where: “Book Value of particular component” is the total of the book values of that component for all local exchange carriers with annual revenues equal to or above the indexed revenue threshold as defined in § 32.9000 . “Book Value of Debt + Book Value of Preferred Stock + Book Value of Equity” is the total of the book values of all the components for all local exchange carriers with annual revenues equal to or above the indexed revenue threshold as defined in § 32.9000 . The total of all proportions shall equal 1.00. [ 60 FR 28545 , June 1, 1995, as amended at 67 FR 5702 , Feb. 6, 2002] § 65.305 Calculation of the weighted average cost of capital. ( a ) The composite weighted average cost of capital is the sum of the cost of debt, the cost of preferred stock, and the cost of equity, each weighted by its proportion in the capital structure of the telephone companies. ( b ) Unless the Commission determines to the contrary in a prescription proceeding, the composite weighted average cost of debt and cost of preferred stock is the composite weight computed in accordance with § 65.304 multiplied by the composite cost of the component computed in accordance with § 65.301 or § 65.302 , as applicable. The composite weighted average cost of equity will be determined in each prescription proceeding. [ 60 FR 28546 , June 1, 1995] § 65.306 Calculation accuracy. In a prescription proceeding, the final determinations of the cost of equity, cost of debt, cost of preferred stock and their capital structure weights shall be accurate to two decimal places. [ 60 FR 28546 , June 1, 1995] § 65.450 Net income. ( a ) Net income shall consist of all revenues derived from the provision of interstate telecommunications services regulated by this Commission less expenses recognized by the Commission as necessary to the provision of these services. The calculation of expenses entering into the determination of net income shall include the interstate portion of plant specific operations (Accounts 6110-6441), plant nonspecific operations (Accounts 6510-6565), customer operations (Accounts 6610-6623), corporate operations (Accounts 6720-6790), other operating income and expense (Account 7100), and operating taxes (Accounts 7200-7250), except to the extent this Commission specifically provides to the contrary. ( b ) Gains and losses related to the disposition of plant in service items, shall be handled as follows: ( 1 ) Gains related to property sold to others and leased back under finance leases for use in telecommunications services shall be recorded in Account 4300, Other long-term liabilities and deferred credits, and credited to Account 6563, Amortization expense—tangible, over the amortization period established for the finance lease; ( 2 ) Gains or losses related to the disposition of land and other nondepreciable items recorded in Account 7100 (Other operating income and expense) shall be included in net income for ratemaking purposes, but adjusted to reflect the relative amount of time such property was used in regulated operations and included in the rate base; and ( 3 ) Proceeds related to the disposition of property depreciated on a group basis and used jointly in regulated and nonregulated activities, including sale-leaseback arrangements for property depreciated on a group basis, shall be credited to the related reserves and attributed to regulated and nonregulated in proportion to the accumulated regulated and nonregulated depreciation for that group. ( c ) Gains or losses related to the disposition of property that was never included in the rate base shall not be considered for ratemaking purposes. ( d ) Except for the allowance for funds used during construction, reasonable charitable deductions and interest related to customer deposits, the amounts recorded as nonoperating income and expenses and taxes (Accounts 7300 and 7400) and interest and related items (Account 7500) and extraordinary items (Account 7600) shall not be included unless this Commission specifically determines that particular items recorded in those accounts shall be included. [ 53 FR 1029 , Jan. 15, 1988, as amended at 60 FR 12139 , Mar. 6, 1995; 67 FR 5702 , Feb. 6, 2002; 69 FR 53652 , Sept. 2, 2004; 84 FR 4733 , Feb. 19, 2019] Subpart D—Interexchange Carriers § 65.500 Net income. The net income methodology specified in § 65.450 shall be utilized by all interexchange carriers that are so designated by Commission order. [ 60 FR 28546 , June 1, 1995] Subpart E—Rate of Return Reports § 65.600 Rate of return reports. ( a ) Subpart E shall apply to those interstate communications common carriers and exchange carriers that are so designated by Commission order. ( b ) Each local exchange carrier or group of affiliated carriers which is not subject to §§ 61.41 through 61.49 of this chapter and which has filed individual access tariffs during the preceding enforcement period shall file with the Commission within three (3) months after the end of each calendar year, an annual rate of return monitoring report which shall be the enforcement period report. Reports shall be filed on the appropriate report form prescribed by the Commission (see § 1.795 of this chapter ) and shall provide full and specific answers to all questions propounded and information requested in the currently effective report form. The number of copies to be filed shall be specified in the applicable report form. At least one copy of the report shall be signed on the signature page by the responsible officer. A copy of each report shall be retained in the principal office of the respondent and shall be filed in such a manner as to be readily available for reference and inspection. Final adjustments to the enforcement period report shall be made by September 30 of the year following the enforcement period to ensure that any refunds can be properly reflected in an annual access filing. ( c ) Each interexchange carrier subject to §§ 61.41 through 61.49 shall file with the Commission, within three (3) months after the end of each calendar year, the total interstate rate of return for that year for all interstate services subject to regulation by the Commission. Each such filing shall include a report of the total revenues, total expenses and taxes, operating income, and the rate base. A copy of the filing shall be retained in the principal office of the respondent and shall be filed in such manner as to be readily available for reference and inspection. ( d ) ( 1 ) Each local exchange carrier or group of affiliated carriers subject to §§ 61.41 through 61.49 of this chapter shall file with the Commission within three (3) months after the end of each calendar year a report of its total interstate rate of return for that year. Such filings shall include a report of the total revenues, total expenses and taxes, operating income, and the rate base. Reports shall be filed on the appropriate form prescribed by the Commission (see § 1.795 of this chapter ) and shall provide full and specific answers to all questions propounded and information requested in the currently effective form. The number of copies to be filed shall be specified in the applicable report form. At least one copy of the report shall be retained in the principal office of the respondent and shall be filed in such manner as to be readily available for reference and inspection. ( 2 ) Each local exchange carrier or group of affiliated carriers subject to §§ 61.41 through 61.49 of this chapter shall file with the Commission within fifteen (15) months after the end of each calendar year a report reflecting any corrections or modifications to the report filed pursuant to paragraph (d)(1) of this section. Reports shall be filed on the appropriate form prescribed by the Commission (see § 1.795 of this chapter ) and shall provide full and specific answers to all questions propounded and information requested in the currently effective form. The number of copies to be filed shall be specified in the applicable report form. At least one copy of the report shall be retained in the principal office of the respondent and shall be filed in such manner as to be readily available for reference and inspection. [ 52 FR 274 , Jan. 5, 1987, as amended at 54 FR 19844 , May 8, 1989; 55 FR 42385 , Oct. 19, 1990; 56 FR 21617 , May 10, 1991; 62 FR 5166 , Feb. 4, 1997] Subpart F—Maximum Allowable Rates of Return § 65.700 Determining the maximum allowable rate of return. ( a ) The maximum allowable rate of return for any exchange carrier's earnings on any access service category shall be determined by adding a fixed increment of four-tenths of one percent of the exchange carrier prescribed rate of return. ( b ) The maximum allowable rate of return for any exchange carrier's overall interstate earnings for all access service categories shall be determined by adding a fixed increment of one-quarter of one percent to the exchange carrier prescribed rate of return. ( c ) The maximum allowable rate of return for rates filed by local exchange carrier subject to § 61.50 of this chapter , shall be determined by adding a fixed increment of one and one-half percent to the carriers prescribed rate of return. [ 51 FR 11034 , Apr. 1, 1986, as amended at 58 FR 36149 , July 6, 1993; 60 FR 28546 , June 1, 1995] § 65.701 Period of review. For both exchange and interexchange carriers subject to this part, interstate earnings shall be measured over a two year period to determine compliance with the maximum allowable rate of return. The review periods shall commence on January 1 in odd-numbered years and shall end on December 31 in even-numbered years. [ 60 FR 28546 , June 1, 1995] § 65.702 Measurement of interstate service earnings. ( a ) For exchange carriers, earnings shall be measured separately for each access service category for purposes of determining compliance with the maximum allowable rate of return. The access service categories shall be: an aggregated category consisting of Special Access, § 69.113 , and Contribution Charges for Special Access Expanded Interconnection, § 69.122 ; Connection Charges for Expanded Interconnection, § 69.121 ; Common Line, §§ 69.104-69.105 ; and an aggregated category consisting of Line Termination, § 69.106 , Intercept, § 69.108 , Local Switching, § 69.107 , Transport, §§ 69.110-69.112 , 69.124 , 69.125 , and Information, § 69.109 . The Billing and Collection access element shall not be included in any access service category for purposes of this part. The Commission will also separately review exchange carrier overall interstate earnings subject to this part for determining compliance with the maximum allowable rate of return determined by § 65.700(b) . ( b ) For exchange carriers, earnings shall be measured for purposes of determining compliance with the maximum allowable rates of return separately for each study area; provided, however, that if the carrier has filed or concurred in access tariffs aggregating costs and rates for two or more study areas, the earnings will be determined for the aggregated study areas rather than for each study area separately. If an exchange carrier has not utilized the same level of study area aggregation during the entire two-year earnings review period, then the carrier's earnings will be measured for the entire two-year period on the basis of the tariffs in effect at the end of the second year of the two-year review period; provided, however, that if tariffs representing a higher level of study area aggregation were not in effect for at least eight months in the second year, then the carrier's earnings will be measured on the basis of the study area level of aggregation in effect for the majority of the two-year period; provided further, that any carrier that was not a member of the National Exchange Carrier Association or other voluntary pools for both years of the two-year review period will have its earnings reviewed individually for the full two-year period. [ 51 FR 11034 , Apr. 1, 1986, as amended at 57 FR 54719 , Nov. 20, 1992; 58 FR 48763 , Sept. 17, 1993; 60 FR 28546 , June 1, 1995] Subpart G—Rate Base Source: 53 FR 1029 , Jan. 15, 1988, unless otherwise noted. § 65.800 Rate base. The rate base shall consist of the interstate portion of the accounts listed in § 65.820 that has been invested in plant used and useful in the efficient provision of interstate telecommunications services regulated by this Commission, minus any deducted items computed in accordance with § 65.830 . § 65.810 Definitions. As used in this subpart “account xxxx” means the account of that number kept in accordance with the Uniform System of Accounts for Telecommunications Companies in 47 CFR part 32 . [ 82 FR 20843 , May 4, 2017] § 65.820 Included items. ( a ) Telecommunications plant. The interstate portion of all assets summarized in Account 2001 (Telecommunications Plant in Service) and Account 2002 (Property Held for Future Use), net of accumulated depreciation and amortization, and Account 2003 (Telecommunications Plant Under Construction), and, to the extent such inclusions are allowed by this Commission, Account 2005 (Telecommunications Plant Adjustment). Any interest cost for funds used during construction capitalized on assets recorded in these accounts shall be computed in accordance with the procedures in Sec. 32.2000(c)(2)(x) of this chapter. ( b ) Material and supplies. The interstate portion of assets summarized in Account 1220.1 (Material and Supplies). ( c ) Noncurrent assets. The interstate portion of Class B Rural Telephone Bank stock contained in Account 1410 and the interstate portion of assets summarized in Account 1410 (Other Noncurrent Assets) and Account 1438 (Deferred Maintenance, Retirements and Deferred Charges), only to the extent that they have been specifically approved by this Commission for inclusion (Note: The interstate portion of assets summarized in Account 1410 should not include any amounts related to investments, sinking funds or unamortized debt issuance expense). Except as noted above, no amounts from accounts 1406 through 1500 shall be included. ( d ) Cash working capital. The average amount of investor-supplied capital needed to provide funds for a carrier's day-to-day interstate operations. Carriers may calculate a cash working capital allowance either by performing a lead-lag study of interstate revenue and expense items or by using the formula set forth in paragraph (e) of this section. Carriers, in lieu of performing a lead-lag study or using the formula in paragraph (e) of this section, may calculate the cash working capital allowance using a standard allowance which will be established annually by the Chief, Wireline Competition Bureau. When either the lead-lag study or formula method is used to calculate cash working capital, the amount calculated under the study or formula may be increased by minimum bank balances and working cash advances to determine the cash working capital allowance. Once a carrier has selected a method of determining its cash working capital allowance, it shall not change to an optional method from one year to the next without Commission approval. ( e ) In lieu of a full lead-lag study, carriers may calculate the cash working capital allowance using the following formula. ( 1 ) Compute the weighted average revenue lag days as follows: ( i ) Multiply the average revenue lag days for interstate revenues billed in arrears by the percentage of interstate revenues billed in arrears. ( ii ) Multiply the average revenue lag days for interstate revenues billed in advance by the percentage of interstate revenues billed in advance. (Note: a revenue lead should be shown as a negative lag.) ( iii ) Add the results of paragraphs (e)(1) (i) and (ii) of this section to determine the weighted average revenue lag days. ( 2 ) Compute the weighted average expense lag days as follows: ( i ) Multiply the average lag days for interstate expenses ( i.e. , cash operating expenses plus interest) paid in arrears by the percentage of interstate expenses paid in arrears. ( ii ) Multiply the average lag days for interstate expenses paid in advance by the percentage of interstate expenses paid in advance. (Note: an expense lead should be shown as a negative lag.) ( iii ) Add the results of paragraphs (e)(2) (i) and (ii) of this section to determine the weighted average expense lag days. ( 3 ) Compute the weighted net lag days by deducting the weighted average expense lag days from the weighted average revenue lag days. ( 4 ) Compute the percentage of a year represented by the weighted net lag days by dividing the days computed in paragraph (e)(3) of this section by 365 days. ( 5 ) Compute the cash working capital allowance by multiplying the interstate cash operating expenses ( i.e. , operating expenses minus depreciation and amortization) plus interest by the percentage computed in paragraph (e)(4) of this section. [ 54 FR 9048 , Mar. 3, 1989, as amended at 60 FR 12139 , Mar. 6, 1995; 67 FR 5703 , Feb. 6, 2002; 67 FR 13229 , Mar. 21, 2002; 82 FR 20843 , May 4, 2017] § 65.830 Deducted items. ( a ) The following items shall be deducted from the interstate rate base. ( 1 ) The interstate portion of deferred taxes (Accounts 4100 and 4340). ( 2 ) The interstate portion of customer deposits (Account 4040). ( 3 ) The interstate portion of other long-term liabilities in (Account 4300 Other long-term liabilities and deferred credits) that were derived from the expenses specified in Sec. 65.450(a). ( 4 ) The interstate portion of other deferred credits in (Account 4300 Other long-term liabilities and deferred credits) to the extent they arise from the provision of regulated telecommunications services. This shall include deferred gains related to sale-leaseback arrangements. ( b ) The interstate portion of deferred taxes, customer deposits and other deferred credits shall be determined as prescribed by 47 CFR part 36 . ( c ) The interstate portion of other long-term liabilities included in (Account 4300 Other long-term liabilities and deferred credits) shall bear the same proportionate relationships as the interstate/intrastate expenses which gave rise to the liability. [ 54 FR 9049 , Mar. 3, 1989, as amended at 62 FR 15118 , Mar. 31, 1997; 67 FR 5703 , Feb. 6, 2002]
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PART 96—CITIZENS BROADBAND RADIO SERVICE Authority: 47 U.S.C. 154(i) , 303 , and 307 . Source: 80 FR 36222 , June 23, 2015, unless otherwise noted. Subpart A—General Rules § 96.1 Scope. ( a ) This section sets forth the regulations governing use of devices in the Citizens Broadband Radio Service. Citizens Broadband Radio Service Devices (CBSDs) may be used in the frequency bands listed in § 96.11 . The operation of all CBSDs shall be coordinated by one or more authorized Spectrum Access Systems (SASs). ( b ) The Citizens Broadband Radio Service includes Priority Access and General Authorized Access tiers of service. Priority Access Licensees and General Authorized Access Users must not cause harmful interference to Incumbent Users and must accept interference from Incumbent Users. General Authorized Access Users must not cause harmful interference to Priority Access Licensees and must accept interference from Priority Access Licensees. § 96.3 Definitions. The definitions in this section apply to this part. Adjacent Channel Leakage Ratio. The Adjacent Channel Leakage Ratio (ACLR) is the ratio of the filtered mean power over the assigned Aggregated Channel Bandwidth to the filtered mean power over the equivalent adjacent channel bandwidth. The power in the assigned Aggregated Channel Bandwidth and its equivalent adjacent channel bandwidth are measured with rectangular filters with measurement bandwidths equal to the Aggregated Channel Bandwidth. Aggregated Channel Bandwidth. The Aggregated Channel Bandwidth is the bandwidth of a single channel, or in the case of multiple contiguous channels, the bandwidth between the upper and lower limits of the combined contiguous channels. Citizens Broadband Radio Service Device (CBSD). Fixed Stations, or networks of such stations, that operate on a Priority Access or General Authorized Access basis in the Citizens Broadband Radio Service consistent with this rule part. For CBSDs which comprise multiple nodes or networks of nodes, CBSD requirements apply to each node even if network management and communication with the SAS is accomplished via a single network interface. End User Devices are not considered CBSDs. ( 1 ) Category A CBSD. A lower power CBSD that meets the general requirements applicable to all CBSDs and the specific requirements for Category A CBSDs set forth in §§ 96.41 and 96.43 . ( 2 ) Category B CBSD. A higher power CBSD that meets the general requirements applicable to all CBSDs and the specific requirements for Category B CBSDs set forth in §§ 96.41 and 96.45 . Coastline. The mean low water line along the coast of the United States drawn according to the principles, as recognized by the United States, of the Convention on the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the 1982 United Nations Convention on the Law of the Sea, 21 I.L.M. 1261. County. For purposes of this part, counties shall be defined using the United States Census Bureau's data reflecting county legal boundaries and names valid through January 1, 2017. End user device. A device authorized and controlled by an authorized CBSD. These devices may not be used as intermediate service links or to provide service over the frequencies listed in § 96.11 to other End User Devices or CBSDs. Environmental Sensing Capability (ESC). A system that detects and communicates the presence of a signal from an Incumbent User to an SAS to facilitate shared spectrum access consistent with §§ 96.15 and 96.67 . Exclusion zone. A geographic area wherein no CBSD shall operate. Exclusion Zones shall be enforced and maintained by the SAS. Exclusion Zones will be converted to Protection Zones following the approval and commercial deployment of an ESC and SAS consistent with this part. Fixed station. A CBSD or End User Device that transmits and/or receives radio communication signals at a fixed location. Fixed Stations may be moved from time to time but Fixed CBSDs must turn off and re-register with the SAS prior to transmitting from a new location. Geo-location capability. The capability of a CBSD to register its geographic coordinates within the level of accuracy specified in § 96.39 . The CBSD location is used by the SAS to determine frequency availability and maximum transmit power limits for CBSDs. General Authorized Access (GAA) User. An authorized user of one or more CBSDs operating on a General Authorized Access basis, consistent with subpart D of this part . Grandfathered wireless broadband licensee. A licensee authorized to operate in the 3650-3700 MHz band consistent with § 90.1338 of this chapter . Grandfathered wireless protection zone. A geographic area and frequency range in which Grandfathered Wireless Broadband Licensees will receive protection from Citizens Broadband Radio Service transmissions and defined using methodology determined by the Wireless Telecommunications Bureau and Office of Engineering and Technology. Incumbent user. A federal entity authorized to operate on a primary basis in accordance with the table of frequency allocations, fixed satellite service operator, or Grandfathered Wireless Broadband Licensee authorized to operate on a primary basis on frequencies designated in § 96.11 . License area. The geographic component of a PAL. A License Area consists of one county. Mobile station. A device intended to be used while in motion or during halts at unspecified points. PAL Protection Area. The area within the Priority Access Licensee's default protection contour, as calculated by the SAS in accordance with § 96.25 (or smaller, self-reported protection contour). This area will be protected from interference in accordance with §§ 96.25 and 96.41(d) . Portable station. A device designed to be used within 20 centimeters of the body of the user. Priority Access License (PAL). A license to operate on a Priority Access basis, consistent with subpart C of this part . Priority access licensee. A holder of one or more PALs. Priority Access Licensees shall be entitled to protection from General Authorized Access Users and other Priority Access Licensees within the defined temporal, geographic, and frequency limits of their PAL, consistent with the rules set forth in this part. Protection zone. A geographic area wherein CBSDs may operate only with the permission of an approved SAS and ESC. Rural area. For purposes of this part, any Census Tract which is not located within, or overlapping: ( 1 ) A city, town, or incorporated area that has a population of greater than 20,000 inhabitants; or ( 2 ) An urbanized area contiguous and adjacent to a city or town that has a population of greater than 50,000 inhabitants. Service area. One or more contiguous License Areas held by the same Priority Access Licensee. Spectrum Access System (SAS). A system that authorizes and manages use of spectrum for the Citizens Broadband Radio Service in accordance with subpart F of this part . Spectrum Access System (SAS) administrator. An entity authorized by the Commission to operate an SAS in accordance with the rules and procedures set forth in § 96.63 . [ 80 FR 36222 , June 23, 2015, as amended at 81 FR 49066 , July 26, 2016; 83 FR 63095 , Dec. 7, 2018] § 96.5 Eligibility. Any entity, other than those precluded by Section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 310 , and otherwise meets the technical, financial, character, and citizenship qualifications that the Commission may require in accordance with such Act is eligible to be a Priority Access Licensee or General Authorized Access User under this part; provided further, that no entity barred by 47 U.S.C. 1404 is eligible to be a Priority Access Licensee. § 96.7 Authorization required. ( a ) CBSDs and End User Devices must be used and operated consistent with the rules in this part. ( b ) Authorizations for PALs may be granted upon proper application, provided that the applicant is qualified in regard to citizenship, character, financial, technical and other criteria established by the Commission, and that the public interest, convenience and necessity will be served. See 47 U.S.C. 301 , 308 , 309 , and 310 . The holding of an authorization does not create any rights beyond the terms, conditions, and period specified in the authorization and shall be subject to the provisions of the Communications Act of 1934, as amended, and the Commission's rules and policies thereunder. ( c ) Grandfathered Wireless Broadband Licensees are authorized to operate consistent with § 90.1338 of this chapter . § 96.9 Regulatory status. Priority Access Licensees and General Authorized Access Users are permitted to provide services on a non-common carrier and/or on a common carrier basis. An authorized Citizens Broadband Radio Service user may render any kind of communications service consistent with the regulatory status in its authorization and with the Commission's rules applicable to that service. § 96.11 Frequencies. ( a ) The Citizens Broadband Radio Service is authorized in the 3550-3700 MHz frequency band. ( 1 ) General Authorized Access Users may operate in the 3550-3700 MHz frequency band. ( 2 ) Priority Access Users may operate in the 3550-3650 MHz frequency band. ( 3 ) Grandfathered Wireless Broadband Licensees may continue to use the 3650-3700 MHz band in accordance with § 90.1338 of this chapter . ( b ) [Reserved] § 96.13 Frequency assignments. ( a ) Each PAL shall be authorized to use a 10 megahertz channel in the 3550-3650 MHz band. ( 1 ) No more than seven PALs shall be assigned in any given License Area at any given time. ( 2 ) Multiple channels held by the same Priority Access Licensee in a given License Area shall be assigned consistent with the requirements of § 96.25 . ( 3 ) Any frequencies designated for Priority Access that are not in use by a Priority Access Licensee may be utilized by General Authorized Access Users. ( b ) The 3650-3700 MHz band shall be reserved for Grandfathered Wireless Broadband Licensees and GAA Users. ( c ) An SAS shall assign authorized CBSDs to specific frequencies, which may be reassigned by that SAS, consistent with this part. Subpart B—Incumbent Protection § 96.15 Protection of federal incumbent users. ( a ) This paragraph (a) applies only to CBSDs operating in the 3550-3650 MHz band. ( 1 ) CBSDs and End User Devices must not cause harmful interference to and must accept interference from federal Incumbent Users authorized to operate in the 3550-3700 MHz band and below 3550 MHz. ( 2 ) The SAS shall only authorize the use of CBSDs consistent with information on federal frequency use obtained from an approved ESC, except as provided in this section. ( 3 ) For Category A CBSDs, Exclusion Zones shall be maintained along the Coastline, as shown at ntia.doc.gov/category/3550-3650-mhz . Exclusion Zones shall also be maintained around federal radiolocation sites as set forth at ntia.doc.gov/category/3550-3650-mhz . NTIA shall notify the Commission in writing if and when the list of protected federal radiolocation sites is updated. Exclusion Zones shall be maintained and enforced until one or more ESCs are approved and used by at least one SAS, in accordance with § 96.67 . Thereafter, Exclusion Zones shall be converted to Protection Zones. ( i ) Category A CBSDs may be authorized by an approved SAS in geographic areas outside of Exclusion Zones before an ESC is approved. ( ii ) Once an ESC is approved and used by at least one SAS, Category A CBSDs may only be authorized consistent with information on federal frequency use provided to the SAS by an approved ESC. ( iii ) Category B CBSDs may only be authorized consistent with information on the presence of a signal from a federal system provided to the SAS by an approved ESC. ( 4 ) Within 300 seconds after the ESC communicates that it has detected a signal from a federal system in a given area, or the SAS is otherwise notified of current federal incumbent use of the band, the SAS must either confirm suspension of the CBSD's operation or its relocation to another unoccupied frequency, if available. If the President of the United States (or another designated Federal Government entity) issues instructions to discontinue use of CBSDs pursuant to 47 U.S.C. 606 , SAS Administrators must instruct CBSDs to cease operations as soon as technically possible. ( 5 ) The Commission will, as necessary, add or modify Exclusion Zones or Protection Zones to protect current and future federal Incumbent Users. ( 6 ) The Commission may temporarily extend or modify Exclusion Zones and Protection Zones to protect temporary operations by federal Incumbent Users. Federal Incumbent Users will coordinate with the Commission prior to the beginning of any non-emergency operation requiring additional protection. Such modifications will be communicated to the SAS along with the expiration date and time of any modification. ( b ) This paragraph (b) applies to CBSDs operating in the 3650-3700 MHz band. ( 1 ) CBSDs and End User Devices must not cause harmful interference to and must accept interference from federal Incumbent Users authorized to operate in the 3500-3700 MHz band. ( 2 ) Exclusion Zones shall be maintained for an 80 km radius around the federal radiolocation sites listed in 47 CFR 90.1331 and 47 CFR 2.106 , US 109. These Exclusion Zones shall be maintained and enforced until one or more ESCs are approved and used by at least one SAS, in accordance with § 96.67 . Thereafter, Exclusion Zones shall be converted to Protection Zones. ( 3 ) CBSDs may only be authorized within these Protection Zones consistent with information on the presence of a signal from a federal system provided to the SAS by an approved ESC, in accordance with § 96.67 . ( 4 ) Within 300 seconds after the ESC communicates that it has detected a signal from a federal system in a given area, or the SAS is otherwise notified of current federal incumbent use of the band, the SAS must either confirm suspension of the CBSD's operation or its relocation to another unoccupied frequency. If the President of the United States (or another designated Federal Government entity) issues instructions to discontinue use of CBSDs pursuant to 47 U.S.C. 606 , SAS Administrators must instruct CBSDs to cease operations as soon as technically possible. [ 80 FR 36222 , June 23, 2015, as amended at 81 FR 49066 , July 26, 2016] § 96.17 Protection of existing fixed satellite service (FSS) earth stations in the 3600-3700 MHz Band and 3700-4200 MHz Band. ( a ) FSS earth stations licensed to operate in the 3600-3700 MHz band listed at www.fcc.gov/cbrs-protected-fss-sites shall be protected from CBSD operation consistent with this section. The protections in this section shall only apply to registered FSS earth stations that are authorized to operate on a co-primary basis consistent with § 2.106 of this chapter . ( 1 ) FSS earth stations in the 3650-3700 MHz band will be afforded protection consistent with this section only after the conditions set forth in § 96.21(c) are satisfied. ( 2 ) Co-channel. The aggregate passband radiofrequency (RF) power spectral density at the output of a reference RF filter and antenna at the location of an FSS earth station operating in the 3600-3700 MHz band, produced by emissions from all co-channel CBSDs (within 150 km) operating in the Citizens Band Radio Service shall not exceed a median root mean square (RMS) value of −129 dBm/MHz. The reference antenna system requires SAS to calculate antenna gain using § 25.209(a)(1) and (4) of this chapter , and a reference RF filter between the feed-horn and low noise amplifier (LNA)/low noise block downconverter (LNB), with 0.5 dB insertion loss in the passband. ( 3 ) Blocking. The aggregate RF power at the output of a reference RF filter and antenna at the location of an FSS earth station operating in the 3600-3700 MHz band, produced by emissions from all CBSDs (within 40 km), shall not exceed a median RMS value of −60 dBm. The reference antenna system requires an SAS to calculate antenna gain using § 25.209(a)(1) and (4) of this chapter , and a reference RF filter between the feed-horn and LNA/LNB, with a filter mask of 0.6 dB/MHz attenuation to 30.5 dB at 50 MHz offset below the lower edge of the FSS earth station's authorized passband, and 0.25 dB/MHz attenuation to 55.5 dB at an offset greater than or equal to 150 MHz below the lower edge of the FSS earth station's authorized passband. ( b ) Registered FSS earth stations in the 3700-4200 MHz band listed at www.fcc.gov/cbrs-protected-fss-sites shall be protected from CBSD operation in accordance with this section. Only licensed FSS earth stations used for satellite telemetry, tracking, and control (TT&C) operations will be protected under this section. Other licensed 3700-4200 MHz earth stations may be protected consistent with § 96.17(f) . ( 1 ) Out-of-band emissions into FSS. The aggregate passband RF power spectral density at the output of a reference RF filter and antenna at the location of a TT&C FSS earth station operating in the 3700-4200 MHz band, produced by emissions from all CBSDs (within 40 km) operating in the Citizens Band Radio Service shall not exceed a median RMS value of −129 dBm/MHz. The reference antenna system requires SAS to calculate antenna gain using § 25.209(a)(1) and (4) of this chapter , and a reference RF filter between the feed-horn and LNA/LNB, with 0.5 dB insertion loss in the passband. ( 2 ) Blocking. The aggregate RF power at the output of a reference RF filter and antenna at the location of a TT&C FSS earth station operating in the 3700-4200 MHz band, produced by emissions from all CBSDs (within 40 km), shall not exceed a median RMS value of −60 dBm. The reference antenna system requires SAS to calculate antenna gain using § 25.209(a)(1) and (4) of this chapter , and a reference RF filter between the feed-horn and LNA/LNB, with a filter mask of 0.6 dB/MHz attenuation to 30.5 dB at 50 MHz offset below the lower edge of the FSS earth station's authorized passband, and 0.25 dB/MHz attenuation to 55.5 dB at an offset greater than or equal to150 MHz below the lower edge of the FSS earth station's authorized passband. ( c ) These protection criteria will be enforced by the Spectrum Access System authorized consistent with subpart F of this part . ( d ) FSS earth station licensees requesting protection under this part must register with the Commission annually, no later than 30 days before the end of the preceding calendar year, or upon making changes to any of the operational parameters listed in this section. Registration information will be made available to all approved SASs. ( 1 ) Annual registration for each earth station shall include, at a minimum: ( i ) The earth station's geographic location (Using NAD83 coordinates); ( ii ) Antenna gain; ( iii ) Azimuth and elevation antenna gain pattern; ( iv ) Antenna azimuth relative to true north; and ( v ) Antenna elevation angle. ( vi ) Whether the earth station is used for satellite telemetry, tracking, and control (for earth stations in the 3700-4200 MHz band). ( 2 ) Such information must be made available to SAS Administrators and maintained consistent with § 96.55 . ( e ) CBSDs may operate within areas that may cause interference to FSS earth stations, in excess of the levels described in § 96.17(a) and (b) , provided that the licensee of the FSS earth station and the authorized user of the CBSD mutually agree on such operation and the terms of any such agreement are provided to an SAS Administrator that agrees to enforce them. The terms of any such agreement shall be communicated promptly to all other SAS Administrators. ( f ) FSS earth station licensees in the 3600-3700 and 3700-4200 MHz bands may request additional protection from SAS Administrators to prevent harmful interference into their systems. SAS Administrators must establish a process to receive and address such requests, consistent with §§ 96.53(o) and 96.63 and shall make good faith efforts to address interference concerns, consistent with their other responsibilities under this part. In addressing such requests, SASs shall assume that 3700-4200 MHz earth stations are utilizing filters with the characteristics described in § 96.17(a)(3) or (b)(2) as appropriate for the 3600-3700 or 3700-4200 MHz band. [ 80 FR 36222 , June 23, 2015, as amended at 81 FR 49066 , July 26, 2016] § 96.19 Operation near Canadian and Mexican borders. Citizens Broadband Radio Service operation in the 3550-3700 MHz band is subject to current and future international agreements with Mexico and Canada. The terms of these agreements shall be implemented by the SAS. § 96.21 Protection of existing operators in the 3650-3700 MHz Band. ( a ) Grandfathered Wireless Broadband Licensees shall be granted Incumbent User status consistent with §§ 90.1307 and 90.1338 of this chapter . Notwithstanding this status, Grandfathered Wireless Broadband Licensees shall not cause harmful interference to federal Incumbent Users and grandfathered FSS earth stations consistent with the rules governing Citizens Broadband Radio Service operators in this part. ( 1 ) Incumbent User protections for a Grandfathered Wireless Broadband Licensee shall only apply within its Grandfathered Wireless Protection Zone. ( 2 ) Incumbent User protections for a Grandfathered Wireless Broadband Licensee shall only apply to Grandfathered Wireless Protection Zones around base or fixed stations that are registered in ULS on or before April 17, 2015 and constructed, in service, and fully compliant with the rules in part 90, subpart Z of this chapter as of April 17, 2016. Grandfathered Wireless Protection Zones will be reduced in geographic area and/or applicable frequency range if portions of the protected network fail to meet the above criteria after April 17, 2016. Grandfathered Wireless Protection Zones will not be defined for subscriber units operated by Grandfathered Wireless Broadband Licensees, regardless of whether they have been registered in ULS. ( 3 ) Grandfathered Wireless Protection Zones must be registered in the SAS for these protections to apply. ( b ) Grandfathered Wireless Broadband Licensees may operate within their Grandfathered Wireless Protection Zones and operational frequencies consistent with the technical rules in part 90, subpart Z, consistent with the transition period set forth in §§ 90.1307 and 90.1338 of this chapter . ( c ) Grandfathered Wireless Broadband Licensees and Citizens Broadband Radio Service users must protect authorized grandfathered FSS earth stations in the 3650-3700 MHz band, consistent with the existing protection criteria in 47 CFR part 90, subpart Z , until the last Grandfathered Wireless Broadband Licensee's license expires within the protection area defined for a particular grandfathered FSS earth station. Thereafter, the protection criteria in § 96.17 applicable to FSS earth stations in the 3600-3700 MHz band shall apply. [ 80 FR 36222 , June 23, 2015, as amended at 81 FR 49067 , July 26, 2016] Subpart C—Priority Access § 96.23 Authorization. ( a ) An applicant must file an application for an initial PAL. Applications for PALs must: ( 1 ) Demonstrate the applicant's qualifications to hold an authorization; ( 2 ) State how a grant would serve the public interest, convenience, and necessity; ( 3 ) Contain all information required by FCC rules and application forms; ( 4 ) Propose operation of a facility or facilities in compliance with all rules governing the Citizens Broadband Radio Service; and ( 5 ) Be amended as necessary to remain substantially accurate and complete in all significant respects, in accordance with the provisions of § 1.65 of this chapter . ( b ) CBSDs used for Priority Access must register with an SAS and comply with its instructions consistent with § 96.39 and subpart F of this part . ( c ) Records pertaining to PALs, including applications and licenses, shall be maintained by the Commission in a publicly accessible system. [ 80 FR 36222 , June 23, 2015, as amended at 83 FR 63095 , Dec. 7, 2018; 85 FR 25315 , May 1, 2020] § 96.25 Priority access licenses. ( a ) Priority Access Licensees must operate CBSDs consistent with the technical rules and interference protection requirements set forth in this part. ( b ) PALs have the following parameters: ( 1 ) Geography: Each PAL consists of a single License Area. ( i ) Contiguous geographic areas: An SAS must assign geographically contiguous PALs held by the same Priority Access Licensee to the same channels in each geographic area, to the extent feasible. The SAS may temporarily reassign individual PALs held by the same Priority Access Licensee to different channels, so that geographical contiguity is temporarily not maintained, to the extent necessary to protect Incumbent Users or if necessary to perform its required functions under subpart F of this part . ( ii ) [Reserved] ( 2 ) Channels: Each PAL consists of a 10 megahertz channel within the frequency range set forth in § 96.11 . Channels must be assigned by the SAS. Priority Access Licensees may request a particular channel or frequency range from the SAS but will not be guaranteed a particular assignment. ( i ) Contiguous channels: An SAS must assign multiple channels held by the same Priority Access Licensee to contiguous channels in the same License Area, to the extent feasible. The SAS may temporarily reassign individual PALs to non-contiguous channels to the extent necessary to protect Incumbent Users or if necessary to perform its required functions under subpart F of this part . ( ii ) [Reserved] ( 3 ) License term. Each PAL has a ten-year license term. Licensees must file a renewal application in accordance with the provisions of § 1.949 of this chapter . ( 4 ) Performance requirement. Priority Access Licensees must provide substantial service in their license area by the end of the initial license term. “Substantial” service is defined as service which is sound, favorable, and substantially above the level of mediocre service which might minimally warrant renewal. Failure by any licensee to meet this requirement will result in forfeiture of the license without further Commission action, and the licensee will be ineligible to regain it. Licensees shall demonstrate compliance with the performance requirement by filing a construction notification with the Commission in accordance with the provisions set forth in § 1.946(d) of this chapter . The licensee must certify whether it has met the performance requirement, and file supporting documentation, including description and demonstration of the bona fide service provided, electronic maps accurately depicting the boundaries of the license area and where in the license area the licensee provides service that meets the performance requirement, supporting technical documentation, any population-related assumptions or data used in determining the population covered by a service to the extent any were relied upon, and any other information the Wireless Telecommunications Bureau may prescribe by public notice. A licensee's showing of substantial service may not rely on service coverage outside of the PAL Protection Areas of registered CBSDs or on deployments that are not reflected in SAS records of CBSD registrations. ( i ) Safe harbor for mobile or point-to-multipoint service. A Priority Access Licensee providing a mobile service or point-to-multipoint service may demonstrate substantial service by showing that it provides signal coverage and offers service, either to customers or for internal use, over at least 50 percent of the population in the license area. ( ii ) Safe harbor for fixed point-to-point service. A Priority Access Licensee providing a fixed point-to-point service may demonstrate substantial service by showing that it has constructed and operates at least four links, either to customers or for internal use, in license areas with 134,000 population or less and in license areas with greater population, a minimum number of links equal to the population of the license area divided by 33,500 and rounded up to the nearest whole number. To satisfy this provision, such links must operate using registered Category B CBSDs. ( c ) PAL Protection Areas. PAL channels shall be made available for assignment by the SAS for General Authorized Access use only in areas outside of PAL Protection Areas consistent with this section and § 96.41(d) . ( 1 ) A CBSD will be considered to be in use for purposes of calculating a PAL Protection Area once it is registered and authorized for use on a Priority Access basis by an SAS consistent with §§ 96.39 , 96.53 , and 96.57 . ( i ) Priority Access Licensees must inform the SAS if a previously activated CBSD is no longer in use. ( ii ) Any CBSD that does not make contact with the SAS for seven days shall not be considered in use and will be excluded from the calculation of the PAL Protection Area until such time as contact with the SAS is re-established. ( 2 ) The default protection contour will be determined by the SAS as a −96 dBm/10 MHz contour around each CBSD. The default protection contour will be calculated based on information included in the CBSD registration and shall be determined and enforced consistently across all SASs. ( i ) The default protection contour is the outer limit of the PAL Protection Area for any CBSD but a Priority Access Licensee may choose to self-report protection contours smaller than the default protection contour to the SAS. ( ii ) If the PAL Protection Areas for multiple CBSDs operated by the same Priority Access Licensees overlap, the SAS shall combine the PAL Protection Areas for such CBSDs into a single protection area. ( 3 ) The PAL Protection Area may not extend beyond the boundaries of the Priority Access Licensee's Service Area. [ 80 FR 36222 , June 23, 2015, as amended at 81 FR 49067 , July 26, 2016; 83 FR 63096 , Dec. 7, 2018; 85 FR 25315 , May 1, 2020]] § 96.27 [Reserved] § 96.29 Competitive bidding procedures. Mutually exclusive initial applications for PALs are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q, of this chapter will apply unless otherwise provided in this subpart. [ 83 FR 63096 , Dec. 7, 2018] § 96.30 Designated entities in the Citizens Broadband Radio Service. ( a ) Small business. ( 1 ) A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $55 million for the preceding three (3) years. ( 2 ) A very small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $20 million for the preceding three ( 3 ) years. ( b ) Eligible rural service provider. For purposes of this section, an eligible rural service provider is an entity that meets the criteria specified in § 1.2110(f)(4) of this chapter . ( c ) Bidding credits. ( 1 ) A winning bidder that qualifies as a small business as defined in this section or a consortium of small businesses may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(i)(C) of this chapter . A winning bidder that qualifies as a very small business as defined in this section or a consortium of very small businesses may use a bidding credit of 25 percent, as specified in § 1.2110(f)(2)(i)(B) of this chapter . ( 2 ) An entity that qualifies as eligible rural service provider or a consortium of rural service providers who has not claimed a small business bidding credit may use a bidding credit of 15 percent, as specified in § 1.2110(f)(4) of this chapter . [ 83 FR 63096 , Dec. 7, 2018] § 96.31 Aggregation of priority access licenses. ( a ) Priority Access Licensees may aggregate up to four PAL channels in any License Area at any given time. ( b ) The criteria in § 20.22(b) of this chapter will apply in order to attribute partial ownership and other interests for the purpose of applying the aggregation limit in paragraph (a) of this section. [ 81 FR 49067 , July 26, 2016] § 96.32 Priority access assignments of authorization, transfers of control, and leasing arrangements. ( a ) Priority Access Licensees may transfer or assign their licenses and enter into de facto leasing arrangements in accordance with part 1 of this chapter . ( b ) Priority Access Licensees may partition or disaggregate their licenses and partially assign or transfer their licenses pursuant to § 1.950 of this chapter and may enter into de facto transfer leasing arrangements for a portion of their licensed spectrum pursuant to part 1 of this chapter . ( c ) Priority Access Licensees may enter into spectrum manager leasing arrangements with approved entities as prescribed in § 1.9046 of this chapter . Priority Access Licensees may only enter into leasing arrangements for areas that are within their Service Area and outside of their PAL Protection Areas. [ 81 FR 49068 , July 26, 2016, as amended at 83 FR 63096 , Dec. 7, 2018; 85 FR 25315 , May 1, 2020]] Subpart D—General Authorized Access § 96.33 Authorization. ( a ) Any party meeting the requirements set forth in § 96.5 is eligible to operate a CBSD on a General Authorized Access basis. ( b ) CBSDs used for General Authorized Access must register with the SAS and comply with its instructions. § 96.35 General authorized access use. ( a ) General Authorized Access Users shall be permitted to use frequencies assigned to PALs when such frequencies are not in use, as determined by the SAS, consistent with § 96.25(c) . ( b ) Frequencies that are available for General Authorized Access Use shall be made available on a shared basis. ( c ) General Authorized Access Users shall have no expectation of interference protection from other General Authorized Access Users operating in accordance with this part. ( d ) General Authorized Access Users must not cause harmful interference to and must accept interference from Priority Access Licensees and Incumbent Users in accordance with this part. ( e ) General Authorized Access Users operating Category B CBSDs must make every effort to cooperate in the selection and use of available frequencies provided by an SAS to minimize the potential for interference and make the most effective use of the authorized facilities. Such users shall coordinate with an SAS before seeking station authorization, and make every effort to ensure that their CBSDs operate at a location, and with technical parameters, that will minimize the potential to cause and receive interference among CBSDs. Operators of CBSDs suffering from or causing harmful interference are expected to cooperate and resolve interference problems through technological solutions or by other mutually satisfactory arrangements. [ 80 FR 36222 , June 23, 2015, as amended at 81 FR 49068 , July 26, 2016] Subpart E—Technical Rules § 96.39 Citizens Broadband Radio Service Device (CBSD) general requirements. This section applies to all CBSDs. Additional rules applicable only to Category A or Category B CBSDs are set forth in §§ 96.43 and 96.45 . ( a ) Geo-location and reporting capability. ( 1 ) All CBSDs must be able to determine their geographic coordinates (referenced to the North American Datum of 1983 (NAD83)) to an accuracy of ±50 meters horizontal and ±3 meters of elevation. Such geographic coordinates shall be reported to an SAS at the time of first activation from a power-off condition. ( 2 ) For professionally installed CBSDs, geographic coordinates to the same accuracy specified in paragraph (a)(1) of this section may be determined and reported to the SAS as part of the installation and registration process. Geographic coordinates must be determined and reported each time the CBSD is moved to a new location. ( 3 ) A non-professionally installed CBSD must check its location and report to the SAS any location changes exceeding 50 meters horizontal and ±3 meters elevation from its last reported location within 60 seconds of such location change. ( b ) Operability. All CBSDs must be capable of two-way operation on any authorized frequency assigned by an SAS. Equipment deployed by Grandfathered Wireless Broadband Licensees during their license term will be exempt from this requirement. ( c ) Registration with SAS. A CBSD must register with and be authorized by an SAS prior to its initial service transmission. The CBSD must provide the SAS upon its registration with its geographic location, antenna height above ground level (in meters), CBSD class (Category A/Category B), requested authorization status (Priority Access or General Authorized Access), FCC identification number, call sign, user contact information, air interface technology, unique manufacturer's serial number, sensing capabilities (if supported), and additional information on its deployment profile required by §§ 96.43 and 96.45 . If any of this information changes, the CBSD shall update the SAS within 60 seconds of such change, except as otherwise set forth in this section. All information provided by the CBSD to the SAS must be true, complete, correct, and made in good faith. ( 1 ) A CBSD must operate at or below the maximum power level authorized by an SAS, consistent with its FCC equipment authorization, and within geographic areas permitted by an SAS on the channels or frequencies authorized by an SAS. ( 2 ) A CBSD must receive and comply with any incoming commands from its associated SAS about any changes to power limits and frequency assignments. A CBSD must cease transmission, move to another frequency range, or change its power level within 60 seconds as instructed by an SAS. ( d ) Signal Level Reporting. A CBSD must report to an SAS regarding received signal strength in its occupied frequencies and adjacent frequencies, received packet error rates or other common standard metrics of interference for itself and associated End User Devices as directed by an SAS. ( e ) Frequency reporting. If directed by the SAS, a CBSD that receives a range of available frequencies or channels from an SAS must promptly report to the SAS which of the available channels or frequencies it will utilize. ( f ) Security. CBSDs shall incorporate security measures sufficient to ensure that they are capable of communicating only with SASs operated by approved SAS Administrators, and that communications between CBSDs and SASs, between individual CBSDs, and between CBSDs and End User Devices are secure to prevent corruption or unauthorized interception of data. ( 1 ) For purposes of obtaining operational limits and frequency availabilities and their updates, CBSDs shall only contact SASs operated by SAS Administrators approved by the Commission in accordance with subpart F of this part . ( 2 ) All communications between CBSDs and SASs must be transmitted using secure methods that protect the systems from corruption or unauthorized modification of the data. ( 3 ) Communications between a CBSD and its associated End User Devices for purposes of obtaining operational power, location, and frequency assignments shall employ secure methods that protect the system from corruption or unauthorized modification of the data. ( g ) Device security. All CBSDs and End User Devices must contain security features sufficient to protect against modification of software and firmware by unauthorized parties. Applications for certification of CBSDs and End User Devices must include an operational description of the technologies and measures that are incorporated in the device to comply with the security requirements of this section. In addition, applications for certification of CBSDs and End User Devices must identify at least one of the SAS databases operated by an approved SAS Administrator that the device will access for channel/frequency availability and affirm that the device will conform to the communications security methods used by such databases. ( h ) Airborne operations. Airborne operations by CBSDs and End User Devices are prohibited. § 96.41 General radio requirements. The requirements in this section apply to CBSDs and their associated End User Devices, unless otherwise specified. ( a ) Digital modulation. Systems operating in the Citizens Broadband Radio Service must use digital modulation techniques. ( b ) Power limits. Unless otherwise specified in this section, the maximum effective isotropic radiated power (EIRP) and maximum Power Spectral Density (PSD) of any CBSD and End User Device must comply with the limits shown in the table in this paragraph (b) : Device Maximum EIRP (dBm/10 megahertz) Maximum PSD (dBm/MHz) End User Device 23 n/a Category A CBSD 30 20 Category B CBSD 1 47 37 1 Category B CBSDs will only be authorized for use after an ESC is approved and commercially deployed consistent with §§ 96.15 and 96.67 . ( c ) Power management. CBSDs and End User Devices shall limit their operating power to the minimum necessary for successful operations. ( 1 ) CBSDs must support transmit power control capability and the capability to limit their maximum EIRP and the maximum EIRP of associated End User Devices in response to instructions from an SAS. ( 2 ) End User Devices shall include transmit power control capability and the capability to limit their maximum EIRP in response to instructions from their associated CBSDs. ( d ) Received Signal Strength Limits. ( 1 ) For both Priority Access and GAA users, CBSD transmissions must be managed such that the aggregate received signal strength for all locations within the PAL Protection Area of any co-channel PAL, shall not exceed an average (RMS) power level of −80 dBm in any direction when integrated over a 10 megahertz reference bandwidth, with the measurement antenna placed at a height of 1.5 meters above ground level, unless the affected PAL licensees agree to an alternative limit and communicate that to the SAS. ( 2 ) These limits shall not apply for co-channel operations at the boundary between geographically adjacent PALs held by the same Priority Access Licensee. ( e ) 3.5 GHz Emissions and Interference Limits — ( 1 ) General protection levels. ( i ) Except as otherwise specified in paragraph (e)(2) of this section, for channel and frequency assignments made by the SAS to CBSDs, the conducted power of any CBSD emission outside the fundamental emission bandwidth as specified in paragraph (e)(3) of this section (whether the emission is inside or outside of the authorized band) shall not exceed −13 dBm/MHz within 0-10 megahertz above the upper SAS-assigned channel edge and within 0-10 megahertz below the lower SAS-assigned channel edge. At all frequencies greater than 10 megahertz above the upper SAS assigned channel edge and less than 10 MHz below the lower SAS assigned channel edge, the conducted power of any CBSD emission shall not exceed −25 dBm/MHz. The upper and lower SAS assigned channel edges are the upper and lower limits of any channel assigned to a CBSD by an SAS, or in the case of multiple contiguous channels, the upper and lower limits of the combined contiguous channels. ( ii ) Except as otherwise specified in paragraph (e)(2) of this section, for channel and frequency assignments made by a CBSD to End User Devices, the conducted power of any End User Device emission outside the fundamental emission (whether in or outside of the authorized band) shall not exceed −13 dBm/MHz within 0 to B megahertz (where B is the bandwidth in megahertz of the assigned channel or multiple contiguous channels of the End User Device) above the upper CBSD-assigned channel edge and within 0 to B megahertz below the lower CBSD-assigned channel edge. At all frequencies greater than B megahertz above the upper CBSD assigned channel edge and less than B megahertz below the lower CBSD-assigned channel edge, the conducted power of any End User Device emission shall not exceed −25 dBm/MHz. Notwithstanding the emission limits in this paragraph, the Adjacent Channel Leakage Ratio for End User Devices shall be at least 30 dB. ( 2 ) Additional protection levels. Notwithstanding paragraph (e)(1) of this section, for CBSDs and End User Devices, the conducted power of emissions below 3540 MHz or above 3710 MHz shall not exceed −25 dBm/MHz, and the conducted power of emissions below 3530 MHz or above 3720 MHz shall not exceed −40dBm/MHz. ( 3 ) Measurement procedure. ( i ) Compliance with this provision is based on the use of measurement instrumentation employing a resolution bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands immediately outside and adjacent to the licensee's authorized frequency channel, a resolution bandwidth of no less than one percent of the fundamental emission bandwidth may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy provided the measured power is integrated over the full reference bandwidth ( i.e., 1 MHz or 1 percent of emission bandwidth, as specified). The fundamental emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( ii ) When measuring unwanted emissions to demonstrate compliance with the limits, the CBSD and End User Device nominal carrier frequency/channel shall be adjusted as close to the licensee's authorized frequency block edges, both upper and lower, as the design permits. ( iii ) Compliance with emission limits shall be demonstrated using either average (RMS)-detected or peak-detected power measurement techniques. ( 4 ) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. ( f ) Reception limits. Priority Access Licensees must accept adjacent channel and in-band blocking interference (emissions from other authorized Priority Access or GAA CBSDs transmitting between 3550 and 3700 MHz) up to a power spectral density level not to exceed −40 dBm in any direction with greater than 99% probability when integrated over a 10 megahertz reference bandwidth, with the measurement antenna placed at a height of 1.5 meters above ground level, unless the affected Priority Access Licensees agree to an alternative limit and communicates that to the SAS. Note to paragraph ( f ): Citizens Broadband Radio Service users should be aware that there are Federal Government radar systems in the band and adjacent bands that could adversely affect their operations. ( g ) Power measurement. The peak-to-average power ratio (PAPR) of any CBSD transmitter output power must not exceed 13 dB. PAPR measurements should be made using either an instrument with complementary cumulative distribution function (CCDF) capabilities or another Commission approved procedure. The measurement must be performed using a signal corresponding to the highest PAPR expected during periods of continuous transmission. [ 81 FR 49068 , July 26, 2016, as amended at 83 FR 63096 , Dec. 7, 2018] § 96.43 Additional requirements for category A CBSDs. ( a ) Category A CBSDs shall not be deployed or operated outdoors with antennas exceeding 6 meters height above average terrain. CBSDs deployed or operated outdoors with antennas exceeding 6 meters height above average terrain will be classified as, and subject to, the operational requirements of Category B CBSDs. ( b ) When registering with an SAS, Category A CBSDs must transmit all information required under § 96.39 . This transmission shall also indicate whether the device will be operated indoors or outdoors. ( c ) Any CBSD operated at higher power than specified for Category A CBSDs in § 96.41 will be classified as, and subject to, the operational requirements of a Category B CBSD. § 96.45 Additional requirements for category B CBSDs. ( a ) Category B CBSDs must be professionally installed. ( b ) In the 3550-3650 MHz band, Category B CBSDs must be authorized consistent with information received from an ESC, as described in § 96.15 . ( c ) Category B CBSDs are limited to outdoor operations. ( d ) When registering with an SAS, Category B CBSDs must transmit all information required under § 96.39 plus the following additional information: antenna gain, beamwidth, azimuth, downtilt angle, and antenna height above ground level. § 96.47 End user device additional requirements. ( a ) End User Devices may operate only if they can positively receive and decode an authorization signal transmitted by a CBSD, including the frequencies and power limits for their operation. ( 1 ) An End User Device must discontinue operations, change frequencies, or change its operational power level within 10 seconds of receiving instructions from its associated CBSD. ( 2 ) [Reserved] ( b ) Any device operated at higher power than specified for End User Devices in § 96.41 will be classified as, and subject to, the operational requirements of a CBSD. § 96.49 Equipment authorization. ( a ) Each transmitter used for operation under this part and each transmitter marketed as set forth in § 2.803 of this chapter must be of a type which has been certificated for use under this part. ( b ) Any manufacturer of radio transmitting equipment to be used in these services must request equipment authorization following the procedures set forth in subpart J of part 2 of this chapter . § 96.51 RF safety. Licensees and manufacturers are subject to the radio frequency radiation exposure requirements specified in §§ 1.1307(b) , 1.1310 , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of Mobile or Portable devices operating under this section must contain a statement confirming compliance with these requirements for both fundamental emissions and unwanted emissions and technical information showing the basis for this statement must be submitted to the Commission upon request. Subpart F—Spectrum Access System § 96.53 Spectrum access system purposes and functionality. The purposes of the SAS include: ( a ) To enact and enforce all policies and procedures developed by the SAS Administrator pursuant to § 96.63 . ( b ) To determine and provide to CBSDs the permissible channels or frequencies at their location. ( c ) To determine and provide to CBSDs the maximum permissible transmission power level at their location. ( d ) To register and authenticate the identification information and location of CBSDs. ( e ) To retain information on, and enforce, Exclusion Zones and Protection Zones in accordance with §§ 96.15 and 96.17 . ( f ) To communicate with the ESC to obtain information about federal Incumbent User transmissions and instruct CBSDs to move to another frequency range or cease transmissions. ( g ) To ensure that CBSDs operate in geographic areas and within the maximum power levels required to protect federal Incumbent Users from harmful interference, consistent with the requirements of §§ 96.15 and 96.21 . ( h ) To ensure that CBSDs protect non-federal Incumbent Users from harmful interference, consistent with the requirements of §§ 96.17 and 96.21 . ( i ) To protect Priority Access Licensees from interference caused by other PALs and from General Authorized Access Users, including the calculation and enforcement of PAL Protection Areas, consistent with § 96.25 . ( j ) To facilitate coordination between GAA users operating Category B CBSDs, consistent with § 96.35 . ( k ) To resolve conflicting uses of the band while maintaining, as much as possible, a stable radio frequency environment. ( l ) To ensure secure and reliable transmission of information between the SAS and CBSDs. ( m ) To protect Grandfathered Wireless Broadband Licensees consistent with §§ 90.1307 and 90.1338 of this chapter , and § 96.21 . ( n ) To implement the terms of current and future international agreements as they relate to the Citizens Broadband Radio Service. ( o ) To receive reports of interference and requests for additional protection from Incumbent Access users and promptly address interference issues. [ 80 FR 36222 , June 23, 2015, as amended at 81 FR 49069 , July 26, 2016] § 96.55 Information gathering and retention. ( a ) The SAS shall maintain current information on registered CBSDs, the geographic locations and configuration of protected FSS locations as set forth in § 96.17 , and the federal Incumbent User Exclusion Zones and Protection Zones. ( 1 ) For registered CBSDs, such information shall include all information required by §§ 96.39 and 96.45 . ( 2 ) SAS Administrators must make all information necessary to effectively coordinate operations between and among CBSDs available to other SAS Administrators. ( 3 ) Upon request, SAS Administrators must make available to the general public aggregated spectrum usage data for any geographic area. Such information must include the total available spectrum and the maximum available contiguous spectrum in the requested area. SAS Administrators shall not disclose specific CBSD registration information to the general public except where such disclosure is authorized by the registrant. ( 4 ) For non-federal Incumbent Users, the SAS shall maintain a record of the location of protected earth stations as well as the all registration information required by § 96.17 . ( b ) The SAS shall maintain records not pertaining to federal Incumbent User transmissions for at least 60 months. ( c ) The SAS shall only retain records of information or instructions received regarding federal Incumbent User transmissions from the ESC in accordance with information retention policies established as part of the ESC approval process. ( d ) The SAS shall be technically capable of directly interfacing with any necessary FCC database containing information required for the proper operation of an SAS. ( e ) The SAS shall process and retain acknowledgements by all entities registering CBSDs that they understand the risk of possible interference from federal Incumbent User radar operations in the band. [ 80 FR 36222 , June 23, 2015, as amended at 83 FR 63097 , Dec. 7, 2018] § 96.57 Registration, authentication, and authorization of Citizens Broadband Radio Service Devices. ( a ) An SAS must register, authenticate, and authorize operations of CBSDs consistent with this part. ( b ) CBSDs composed of a network of base and fixed stations may employ a subsystem for aggregating and communicating all required information exchanges between the SAS and CBSDs. ( c ) An SAS must also verify that the FCC identifier (FCC ID) of any CBSD seeking access to its services is valid prior to authorizing it to begin providing service. A list of devices with valid FCC IDs and the FCC IDs of those devices is to be obtained from the Commission's Equipment Authorization System. ( d ) An SAS must not authorize operation of CBSDs within Protection Zones except as set forth in § 96.15 . ( e ) An SAS must calculate and enforce PAL Protection Areas consistent with § 96.25 and such calculation and enforcement shall be consistent across all SASs. [ 80 FR 36222 , June 23, 2015, as amended at 81 FR 49069 , July 26, 2016] § 96.59 Frequency assignment. ( a ) An SAS must determine the available and appropriate channels/frequencies for CBSDs at any given location using the information supplied by CBSDs, including location, the authorization status and operating parameters of other CBSDs in the surrounding area, information communicated by the ESC, other SASs, and such other information necessary to ensure effective operations of CBSDs consistent with this part. All such determinations and assignments shall be made in a non-discriminatory manner, consistent with this part. ( 1 ) Upon request from the Commission or a CBSD, an SAS must confirm whether frequencies are available in a given geographic area. ( 2 ) Upon request from the Commission, an SAS must confirm that CBSDs in a given geographic area and frequency band have been shut down or moved to another available frequency range in response to information received from the ESC. ( 3 ) If an SAS provides a range of available frequencies or channels to a CBSD, it may require that CBSD to confirm which channel or range of frequencies it will utilize. ( b ) Consistent with the requirements of § 96.25 , an SAS shall assign geographically contiguous PALs held by the same Priority Access Licensee to the same channels in each geographic area, where feasible. The SAS shall also assign multiple channels held by the same Priority Access Licensee to contiguous frequencies within the same License Area, where feasible. ( c ) An SAS may temporarily assign PALs to different channels (within the frequency range authorized for Priority Access use) to protect Incumbent Access Users or if necessary to perform its required functions. § 96.61 Security. ( a ) An SAS must employ protocols and procedures to ensure that all communications and interactions between the SAS and CBSDs are accurate and secure and that unauthorized parties cannot access or alter the SAS or the information it sends to a CBSD. ( b ) Communications between CBSDs and an SAS, between an ESC and an SAS, between individual CBSDs, and between different SASs, must be secure to prevent corruption or unauthorized interception of data. An SAS must be protected from unauthorized data input or alteration of stored data. ( c ) An SAS must verify that the FCC identification number supplied by a CBSD is for a certified device and must not provide service to an uncertified device. § 96.63 Spectrum access system administrators. The Commission will designate one or more SAS Administrators to provide nationwide service. The Commission may, at its discretion, permit the functions of an SAS, such as a data repository, registration, and query services, to be divided among multiple entities; however, it shall designate one or more specific entities to be an SAS Administrator responsible for coordinating the overall functioning of an SAS and providing services to operators in the Citizens Broadband Radio Service. Each SAS Administrator designated by the Commission must: ( a ) Maintain a regularly updated database that contains the information described in § 96.55 . ( b ) Establish a process for acquiring and storing in the database necessary and appropriate information from the Commission's databases, including PAL assignments, and synchronizing the database with the current Commission databases at least once a day to include newly licensed facilities or any changes to licensed facilities. ( c ) Establish and follow protocols and procedures to ensure compliance with the rules set forth in this part, including the SAS functions set forth in subpart F of this part . ( d ) Establish and follow protocols and procedures sufficient to ensure that all communications and interactions between the SAS, ESC, and CBSDs are accurate and secure and that unauthorized parties cannot access or alter the SAS or the information transmitted from the SAS to CBSDs. ( e ) Provide service for a five-year term. This term may be renewed at the Commission's discretion. ( f ) Respond in a timely manner to verify, correct or remove, as appropriate, data in the event that the Commission or a party brings a claim of inaccuracies in the SAS to its attention. This requirement applies only to information that the Commission requires to be stored in the SAS. ( g ) Securely transfer the information in the SAS, along with the IP addresses and URLs used to access the system, and a list of registered CBSDs, to another approved entity in the event it does not continue as the SAS Administrator at the end of its term. It may charge a reasonable price for such conveyance. ( h ) Cooperate to develop a standardized process for coordinating operations with other SASs, avoiding any conflicting assignments, maximizing shared use of available frequencies, ensuring continuity of service to all registered CBSDs, and providing the data collected pursuant to § 96.55 . ( i ) Coordinate with other SAS Administrators including, to the extent possible, sharing information, facilitating non-interfering use by CBSDs connected to other SASs, maximizing available General Authorized Access frequencies by assigning PALs to similar channels in the same geographic regions, and other functions necessary to ensure that available spectrum is used efficiently consistent with this part. ( j ) Provide a means to make non-federal non-proprietary information available to the public in a reasonably accessible fashion in conformity with the rules in this part. ( k ) Ensure that the SAS shall be available at all times to immediately respond to requests from authorized Commission personnel for any and all information stored or retained by the SAS. ( l ) Establish and follow protocols to respond to instructions from the President of the United States, or another designated Federal government entity, issued pursuant to 47 U.S.C. 606 . ( m ) Establish and follow protocols to comply with enforcement instructions from the Commission. ( n ) Ensure that the SAS: ( 1 ) Operates without any connectivity to any military or other sensitive federal database or system, except as otherwise required by this part; and ( 2 ) Does not store, retain, transmit, or disclose operational information on the movement or position of any federal system or any information that reveals other operational information of any federal system that is not required by this part to effectively operate the SAS. § 96.65 Spectrum access system administrator fees. ( a ) An SAS Administrator may charge Citizens Broadband Radio Service users a reasonable fee for provision of the services set forth in subpart F of this part . ( b ) The Commission, upon request, will review the fees and can require changes to those fees if they are found to be unreasonable. § 96.66 Spectrum access system responsibilities related to priority access spectrum manager leases. ( a ) An SAS Administrator that chooses to accept and support leasing notifications shall: ( 1 ) Verify that the lessee is on the certification list, as established in § 1.9046 of this chapter . ( 2 ) Establish a process for acquiring and storing the lease notification information and synchronizing this information, including information about the expiration, extension, or termination of leasing arrangements, with the Commission databases at least once a day; ( 3 ) Verify that the lease will not result in the lessee holding more than the 40 megahertz of Priority Access spectrum in a given License Area; ( 4 ) Verify that the area to be leased is within the Priority Access Licensee's Service Area and outside of the Priority Access Licensee's PAL Protection Area; and ( 5 ) Provide confirmation to licensee and lessee whether the notification has been received and verified. ( b ) During the period of the lease and within the geographic area of a lease, SASs shall treat any CBSD operated by the lessee the same as a similarly situated CBSDs operated by the lessor for frequency assignment and interference mitigation purposes. [ 81 FR 49069 , July 26, 2016] Subpart G—Environmental Sensing Capability § 96.67 Environmental sensing capability. ( a ) The primary purpose of the ESC is to facilitate coexistence of Citizens Broadband Radio Service users with federal Incumbent Users through signal sensing. An ESC will be operated by a non-governmental entity and, except as set forth in this section, will not rely on governmental agencies to affirmatively communicate information about the operations of incumbent radio systems. ( b ) An ESC may only operate after receiving approval by the Commission. Such approval shall be conditioned on meeting the requirements of this part and any other requirements imposed by the Commission. The Commission may revoke, modify, or condition ESC approval at its discretion. ( c ) An ESC must meet the following requirements: ( 1 ) Be managed and maintained by a non-governmental entity; ( 2 ) Accurately detect the presence of a signal from a federal system in the 3550-3700 MHz band and adjacent frequencies using approved methodologies that ensure that any CBSDs operating pursuant to ESC will not cause harmful interference to federal Incumbent Users; ( 3 ) Communicate information about the presence of a signal from a federal Incumbent User system to one or more approved SASs; ( 4 ) Maintain security of detected and communicated signal information; ( 5 ) Comply with all Commission rules and guidelines governing the construction, operation, and approval of ESCs; ( 6 ) Ensure that the ESC shall be available at all times to immediately respond to requests from authorized Commission personnel for any information collected or communicated by the ESC; and ( 7 ) Ensure that the ESC operates without any connectivity to any military or other sensitive federal database or system and does not store, retain, transmit, or disclose operational information on the movement or position of any federal system or any information that reveals other operational information of any federal system that is not required by this part to effectively operate the ESC. ( d ) ESC equipment may be deployed in the vicinity of the Exclusion Zones and Protection Zones to accurately detect federal Incumbent User transmissions.
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PART 22—PUBLIC MOBILE SERVICES Authority: 47 U.S.C. 154 , 222 , 303 , 309 , and 332 . Source: 59 FR 59507 , Nov. 17, 1994, unless otherwise noted. Subpart A—Scope and Authority § 22.1 Basis and purpose. This section contains a concise general statement of the basis and purpose of the rules in this part, pursuant to 5 U.S.C. 553(c) . ( a ) Basis. These rules are issued pursuant to the Communications Act of 1934, as amended, 47 U.S.C. 151 et. seq. ( b ) Purpose. The purpose of these rules is to establish the requirements and conditions under which radio stations may be licensed and used in the Public Mobile Services. [ 59 FR 59507 , Nov. 17, 1994, as amended at 70 FR 19307 , Apr. 13, 2005] § 22.3 [Reserved] § 22.5 Citizenship. The rules in this section implement section 310 of the Communications Act of 1934, as amended ( 47 U.S.C. § 310 ), in regard to the citizenship of licensees in the Public Mobile Services. ( a ) Foreign governments. The FCC will not grant an authorization in the Public Mobile Services to any foreign government or any representative thereof. ( b ) Alien ownership or control. The FCC will not grant an authorization in the Public Mobile Services to: ( 1 ) Any alien or the representative of any alien; ( 2 ) Any corporation organized under the laws of any foreign government; ( 3 ) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country; ( 4 ) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the FCC finds that the public interest will be served by the refusal or revocation of such license. [ 59 FR 59507 , Nov. 17, 1994, as amended at 61 FR 55580 , Oct. 28, 1996] § 22.7 General eligibility. Any entity, other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 310 , is eligible to hold a license under this part. Applications are granted only if the applicant is legally, financially, technically and otherwise qualified to render the proposed service. [ 70 FR 19307 , Apr. 13, 2005] § 22.9 Operation of certificated signal boosters. Individuals and non-individuals may operate certificated Consumer Signal Boosters on frequencies regulated under this part provided that such operation complies with all applicable rules under this part and § 20.21 of this chapter . Failure to comply with all applicable rules voids the authority to operate a signal booster. [ 78 FR 21563 , Apr. 11, 2013] § 22.99 Definitions. Terms used in this part have the following meanings: Air-Ground Radiotelephone Service. A radio service in which licensees are authorized to offer and provide radio telecommunications service for hire to subscribers in aircraft. Airborne station. A mobile station in the Air-Ground Radiotelephone Service authorized for use on aircraft while in flight or on the ground. Antenna structure. A structure comprising an antenna, the tower or other structure that exists solely to support antennas, and any surmounting appurtenances (attachments such as beacons or lightning rods). Antenna. A device that converts radio frequency electrical energy to radiated electromagnetic energy and vice versa; in a transmitting station, the device from which radio waves are emitted. Authorized bandwidth. The necessary or occupied bandwidth of an emission, whichever is more. Authorized spectrum. The spectral width of that portion of the electromagnetic spectrum within which the emission power of the authorized transmitter(s) must be contained, in accordance with the rules in this part. The authorized spectrum comprises one channel bandwidth or the bandwidths of two or more contiguous channels. Auxiliary test transmitter. A fixed transmitter used to test Public Mobile systems. Base transmitter. A stationary transmitter that provides radio telecommunications service to mobile and/or fixed receivers, including those associated with mobile stations. Blanketing interference. Disturbance in consumer receivers located in the immediate vicinity of a transmitter, caused by currents directly induced into the consumer receiver's circuitry by the relatively high field strength of the transmitter. Cardinal radials. Eight imaginary straight lines extending radially on the ground from an antenna location in the following azimuths with respect to true North: 0°, 45°, 90°, 135°, 180°, 225°, 270°, 315°. Carrier frequency. The frequency of the unmodulated electrical wave at the output of an amplitude modulated (AM), frequency modulated (FM) or phase modulated (PM) transmitter. Cell. The service area of an individual transmitter location in a cellular system. Cellular Geographic Service Area (CGSA). The licensed geographic area within which a Cellular system is entitled to protection and adverse effects are recognized, for the purpose of determining whether a petitioner has standing, in the Cellular Radiotelephone Service, and within which the Cellular licensee is permitted to transmit, or consent to allow other Cellular licensees to transmit, electromagnetic energy and signals on the assigned channel block, in order to provide Cellular service. See § 22.911 . Cellular Market Area (CMA). A standard geographic area used by the FCC for administrative convenience in the licensing of Cellular systems; a more recent term for “Cellular market” (and includes Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs)). See § 22.909 . Cellular markets. This term is obsolescent. See definition for “Cellular Market Area (CMA).” Cellular Radiotelephone Service. A radio service in which licensees are authorized to offer and provide cellular service for hire to the general public. This service was formerly titled Domestic Public Cellular Radio Telecommunications Service. Cellular repeater. In the Cellular Radiotelephone Service, a stationary transmitter or device that automatically re-radiates the transmissions of base transmitters at a particular cell site and mobile stations communicating with those base transmitters, with or without channel translation. Cellular service. Radio telecommunication services provided using a cellular system. Cellular system. An automated high-capacity system of one or more multi-channel base stations designed to provide radio telecommunication services to mobile stations over a wide area in a spectrally efficient manner. Cellular systems employ techniques such as automatic hand-off between base stations of communications in progress to enable channels to be re-used at relatively short distances. Center frequency. The frequency of the middle of the bandwidth of a channel. Central office transmitter. A fixed transmitter in the Rural Radiotelephone Service that provides service to rural subscriber stations. CGSA. See Cellular Geographic Service Area. Channel. The portion of the electromagnetic spectrum assigned by the FCC for one emission. In certain circumstances, however, more than one emission may be transmitted on a channel. Channel bandwidth. The spectral width of a channel, as specified in this part, within which 99% of the emission power must be contained. Channel block. A group of channels that are assigned together, not individually. Channel pair. Two channels that are assigned together, not individually. In this part, channel pairs are indicated by an ellipsis between the center frequencies. Communications channel. In the Cellular Radiotelephone and Air-Ground Radiotelephone Services, a channel used to carry subscriber communications. Construction period. The period between the date of grant of an authorization and the date of required commencement of service. Control channel. In the Cellular Radiotelephone Service and the Air-Ground Radiotelephone Service, a channel used to transmit information necessary to establish or maintain communications. In the other Public Mobile Services, a channel that may be assigned to a control transmitter. Control point. A location where the operation of a public mobile station is supervised and controlled by the licensee of that station. Control transmitter. A fixed transmitter in the Public Mobile Services that transmits control signals to one or more base or fixed stations for the purpose of controlling the operation of the base or fixed stations, and/or transmits subscriber communications to one or more base or fixed stations that retransmit them to subscribers. Dead spots. Small areas within a service area where the field strength is lower than the minimum level for reliable service. Service within dead spots is presumed. Dispatch service. A radiotelephone service comprising communications between a dispatcher and one or more mobile units. These communications normally do not exceed one minute in duration and are transmitted directly through a base station, without passing through mobile telephone switching facilities. Effective radiated power (ERP). The effective radiated power of a transmitter (with antenna, transmission line, duplexers etc.) is the power that would be necessary at the input terminals of a reference half-wave dipole antenna in order to produce the same maximum field intensity. ERP is usually calculated by multiplying the measured transmitter output power by the specified antenna system gain, relative to a half-wave dipole, in the direction of interest. Emission. The electromagnetic energy radiated from an antenna. Emission designator. An internationally accepted symbol for describing an emission in terms of its bandwidth and the characteristics of its modulation, if any. See § 2.201 of this chapter for details. Emission mask. The design limits imposed, as a condition or certification, on the mean power of emissions as a function of frequency both within the authorized bandwidth and in the adjacent spectrum. Equivalent isotropically radiated power (EIRP). The equivalent isotropically radiated power of a transmitter (with antenna, transmission line, duplexers etc.) is the power that would be necessary at the input terminals of a reference isotropic radiator in order to produce the same maximum field intensity. An isotropic radiator is a theoretical lossless point source of radiation with unity gain in all directions. EIRP is usually calculated by multiplying the measured transmitter output power by the specified antenna system gain, relative to an isotropic radiator, in the direction of interest. Extension. In the Cellular Radiotelephone Service, an area within the service area boundary (calculated using the methodology of § 22.911 ) of a Cellular system but outside the licensed Cellular Geographic Service Area boundary. See §§ 22.911 and 22.912 . Facsimile service. Transmission of still images from one place to another by means of radio. Fill-in transmitters. Transmitters added to a station, in the same area and transmitting on the same channel or channel block as previously authorized transmitters, that do not expand the existing service area, but are established for the purpose of improving reception in dead spots. Fixed transmitter. A stationary transmitter that communicates with other stationary transmitters. Frequency. The number of cycles occurring per second of an electrical or electromagnetic wave; a number representing a specific point in the electromagnetic spectrum. Ground station. In the Air-Ground Radiotelephone Service, a stationary transmitter that provides service to airborne mobile stations. Gulf of Mexico Service Area (GMSA). The cellular market comprising the water area of the Gulf of Mexico bounded on the West, North and East by the coastline. Coastline, for this purpose, means the line of ordinary low water along that portion of the coast which is in direct contact with the open sea, and the line marking the seaward limit of inland waters. Inland waters include bays, historic inland waters and waters circumscribed by a fringe of islands within the immediate vicinity of the shoreline. Height above average terrain (HAAT). The height of an antenna above the average elevation of the surrounding area. In-building radiation systems. Supplementary systems comprising low power transmitters, receivers, indoor antennas and/or leaky coaxial cable radiators, designed to improve service reliability inside buildings or structures located within the service areas of stations in the Public Mobile Services. Initial cellular applications. Applications for authority to construct and operate a new cellular system, excluding applications for interim operating authority. Interfering contour. The locus of points surrounding a transmitter where the predicted median field strength of the signal from that transmitter is the maximum field strength that is not considered to cause interference at the service contour of another transmitter. Interoffice transmitter. A fixed transmitter in the Rural Radiotelephone Service that communicates with other interoffice transmitters for the purpose of interconnecting rural central offices. Mobile station. One or more transmitters that are capable of operation while in motion. Necessary bandwidth. The calculated spectral width of an emission. Calculations are made using procedures set forth in part 2 of this chapter . The bandwidth so calculated is considered to be the minimum necessary to convey information at the desired rate with the desired accuracy. Occupied bandwidth. The measured spectral width of an emission. The measurement determines occupied bandwidth as the difference between upper and lower frequencies where 0.5% of the emission power is above the upper frequency and 0.5% of the emission power is below the lower frequency. Offshore central transmitter. A fixed transmitter in the Offshore Radiotelephone Service that provides service to offshore subscriber stations. Offshore Radiotelephone Service. A radio service in which licensees are authorized to offer and provide radio telecommunication services for hire to subscribers on structures in the offshore coastal waters of the Gulf of Mexico. Offshore subscriber station. One or more fixed and/or mobile transmitters in the Offshore Radiotelephone Service that receive service from offshore central transmitters. Pager. A small radio receiver designed to be carried by a person and to give an aural, visual or tactile indication when activated by the reception of a radio signal containing its specific code. It may also reproduce sounds and/or display messages that were also transmitted. Some pagers also transmit a radio signal acknowledging that a message has been received. Paging geographic area authorization. An authorization conveying the exclusive right to establish and expand one or more stations throughout a paging geographic area or, in the case of a partitioned geographic area, throughout a specified portion of a paging geographic area, on a specified channel allocated for assignment in the Paging and Radiotelephone Service. These are subject to the conditions that no interference may be caused to existing co-channel stations operated by other licensees within the paging geographic area and that no interference may be caused to existing or proposed co-channel stations of other licensees in adjoining paging geographic areas. Paging geographic areas. Standard geographic areas used by the FCC for administrative convenience in the licensing of stations to operate on channels allocated for assignment in the Paging and Radiotelephone Service. See § 22.503(b) . Paging and Radiotelephone Service. A radio service in which common carriers are authorized to offer and provide paging and radiotelephone service for hire to the general public. This service was formerly titled Public Land Mobile Service. Paging service. Transmission of coded radio signals for the purpose of activating specific pagers; such transmissions may include messages and/or sounds. Power spectral density (PSD). The power of an emission in the frequency domain, such as in terms of ERP or EIRP, stated per unit bandwidth, e.g., watts/MHz. Public Mobile Services. Radio services in which licensees are authorized to offer and provide mobile and related fixed radio telecommunication services for hire to the public. Radio telecommunication services. Communication services provided by the use of radio, including radiotelephone, radiotelegraph, paging and facsimile service. Radiotelegraph service. Transmission of messages from one place to another by means of radio. Radiotelephone service. Transmission of sound from one place to another by means of radio. Repeater. A fixed transmitter that retransmits the signals of other stations. Roamer. A mobile station receiving service from a station or system in the Public Mobile Services other than one to which it is a subscriber. Rural Radiotelephone Service. A radio service in which licensees are authorized to offer and provide radio telecommunication services for hire to subscribers in areas where it is not feasible to provide communication services by wire or other means. Rural subscriber station. One or more fixed transmitters in the Rural Radiotelephone Service that receive service from central office transmitters. Service area. The geographic area considered by the FCC to be reliably served by a station in the Public Mobile Services. Service contour. The locus of points surrounding a transmitter where the predicted median field strength of the signal from that transmitter is the minimum field strength that is considered sufficient to provide reliable service to mobile stations. Service to subscribers. Service to at least one subscriber that is not affiliated with, controlled by or related to the providing carrier. Signal booster. A stationary device that automatically reradiates signals from base transmitters without channel translation, for the purpose of improving the reliability of existing service by increasing the signal strength in dead spots. Station. A station equipped to engage in radio communication or radio transmission of energy ( 47 U.S.C. 153(k) ). Telecommunications common carrier. An individual, partnership, association, joint-stock company, trust or corporation engaged in rendering radio telecommunications services to the general public for hire. Temporary fixed station. One or more fixed transmitters that normally do not remain at any particular location for longer than 6 months. Universal licensing system. The Universal Licensing System (ULS) is the consolidated database, application filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all applications and related documents by applicants and licensees in the Wireless Radio Services, and provides public access to licensing information. Unserved Area. With regard to a channel block allocated for assignment in the Cellular Radiotelephone Service: Geographic area in the District of Columbia, or any State, Territory or Possession of the United States of America that is not within any Cellular Geographic Service Area of any Cellular system authorized to transmit on that channel block. With regard to a channel allocated for assignment in the Paging and Radiotelephone service: Geographic area within the District of Columbia, or any State, Territory or possession of the United States of America that is not within the service contour of any base transmitter in any station authorized to transmit on that channel. [ 59 FR 59507 , Nov. 17, 1994, as amended at 61 FR 31050 , June 19, 1996; 61 FR 54098 , Oct. 17, 1996; 62 FR 11628 , Mar. 12, 1997; 63 FR 36603 , July 7, 1998; 63 FR 68943 , Dec. 14, 1998; 67 FR 9609 , Mar. 4, 2002; 70 FR 19307 , Apr. 13, 2005; 79 FR 72150 , Dec. 5, 2014; 82 FR 17581 , Apr. 12, 2017] Subpart B—Licensing Requirements and Procedures Applications and Notifications § 22.107 General application requirements. In general, applications for authorizations, assignments of authorizations, or consent to transfer of control of licensees in the Public Mobile Services must: ( a ) Demonstrate the applicant's qualifications to hold an authorization in the Public Mobile services; ( b ) State how a grant would serve the public interest, convenience, and necessity; ( c ) Contain all information required by FCC rules or application forms; ( d ) Propose operation of a facility in compliance with all rules governing the Public Mobile service; ( e ) Be amended as necessary to remain substantially accurate and complete in all significant respects, in accordance with the provisions of § 1.65 of this chapter ; and, ( f ) Be signed in accordance with § 1.743 of this chapter . § 22.131 Procedures for mutually exclusive applications. Two or more pending applications are mutually exclusive if the grant of one application would effectively preclude the grant of one or more of the others under Commission rules governing the Public Mobile Services involved. The Commission uses the general procedures in this section for processing mutually exclusive applications in the Public Mobile Services. Additional specific procedures are prescribed in the subparts of this part governing the individual Public Mobile Services (see §§ 22.509 , 22.717 , and 22.949 ) and in part 1 of this chapter . ( a ) Separate applications. Any applicant that files an application knowing that it will be mutually exclusive with one or more applications should not include in the mutually exclusive application a request for other channels or facilities that would not, by themselves, render the application mutually exclusive with those other applications. Instead, the request for such other channels or facilities should be filed in a separate application. ( b ) Filing groups. Pending mutually exclusive applications are processed in filing groups. Mutually exclusive applications in a filing group are given concurrent consideration. The Commission may dismiss as defective (pursuant to § 1.945 of this chapter ) any mutually exclusive application(s) whose filing date is outside of the date range for inclusion in the filing group. The types of filing groups used in day-to-day application processing are specified in paragraph (c)(3) of this section. A filing group is one of the following types: ( 1 ) Same-day filing group. A same-day filing group comprises all mutually exclusive applications whose filing date is the same day, which is normally the filing date of the first-filed application(s). ( 2 ) Thirty-day notice and cut-off filing group. A 30-day notice and cut-off filing group comprises mutually exclusive applications whose filing date is no later than thirty (30) days after the date of the Public Notice listing the first-filed application(s) (according to the filing dates) as acceptable for filing. ( 3 ) Window filing group. A window filing group comprises mutually exclusive applications whose filing date is within an announced filing window. An announced filing window is a period of time between and including two specific dates, which are the first and last dates on which applications (or amendments) for a particular purpose may be accepted for filing. In the case of a one-day window, the two dates are the same. The dates are made known to the public in advance. ( c ) Procedures. Generally, the Commission may grant one application in a filing group of mutually exclusive applications and dismiss the other application(s) in the filing that are excluded by that grant, pursuant to § 1.945 of this chapter . ( 1 ) Selection methods. In selecting the application to grant, the Commission will use competitive bidding. ( 2 ) Dismissal of applications. The Commission may dismiss any application in a filing group that is defective or otherwise subject to dismissal under § 1.945 of this chapter , either before or after employing selection procedures. ( 3 ) Type of filing group used. Except as otherwise provided in this part, the type of filing group used in the processing of two or more mutually exclusive applications depends upon the purpose(s) of the applications. ( i ) If any mutually exclusive application filed on the earliest filing date is an application for modification and none of the mutually exclusive applications is a timely-filed application for renewal, a same-day filing group is used. ( ii ) If all of the mutually exclusive applications filed on the earliest filing date are applications for initial authorization, a 30-day notice and cut-off filing group is used. ( 4 ) Disposition. If there is only one application in any type of filing group, the Commission may grant that application and dismiss without prejudice any mutually exclusive applications not in the filing group. If there is more than one mutually exclusive application in a filing group, the Commission disposes of these applications as follows: ( i ) Applications in a 30-day notice and cut-off filing group. ( A ) If all of the mutually exclusive applications in a 30-day notice and cut-off filing group are applications for initial authorization, the FCC administers competitive bidding procedures in accordance with §§ 22.201 through 22.227 and subpart Q of part 1 of this chapter , as applicable. After such procedures, the application of the successful bidder may be granted and the other applications may be dismissed without prejudice. ( B ) If any of the mutually exclusive applications in a 30-day notice and cut-off filing group is an application for modification, the Commission may attempt to resolve the mutual exclusivity by facilitating a settlement between the applicants. If a settlement is not reached within a reasonable time, the FCC may designate all applications in the filing group for comparative consideration in a hearing. In this event, the result of the hearing disposes all of the applications in the filing group. ( ii ) Applications in a same-day filing group. If there are two or more mutually exclusive applications in a same-day filing group, the Commission may attempt to resolve the mutual exclusivity by facilitating a settlement between the applicants. If a settlement is not reached within a reasonable time, the Commission may designate all applications in the filing group for comparative consideration in a hearing. In this event, the result of the hearing disposes of all of the applications in the filing group. ( iii ) Applications in a window filing group. Applications in a window filing group are processed in accordance with the procedures for a 30-day notice and cut-off filing group in paragraph (c)(4)(ii) of this section. ( d ) Terminology. For the purposes of this section, terms have the following meanings: ( 1 ) The filing date of an application is the date on which that application was received in a condition acceptable for filing or the date on which the most recently filed major amendment to that application was received, whichever is later, excluding major amendments in the following circumstances: ( i ) The major amendment reflects only a change in ownership or control found by the Commission to be in the public interest; ( ii ) The major amendment as received is defective or otherwise found unacceptable for filing; or ( iii ) The application being amended has been designated for hearing and the Commission or the presiding officer accepts the major amendment. ( 2 ) An application for initial authorization is: ( i ) Any application requesting an authorization for a new system or station; ( ii ) Any application requesting authorization for an existing station to operate on an additional channel, unless the additional channel is for paired two-way radiotelephone operation, is in the same frequency range as the existing channel(s), and will be operationally integrated with the existing channel(s) such as by trunking; ( iii ) Any application requesting authorization for a new transmitter at a location more than 2 kilometers (1.2 miles) from any existing transmitters of the applicant licensee on the requested channel or channel block; or ( iv ) Any application to expand the Cellular Geographic Service Area of an existing Cellular system. See § 22.911 . ( v ) Any “short-form” application (filed on FCC Form 175) requesting a new paging geographic area authorization. [ 59 FR 59954 , Nov. 21, 1994, as amended at 62 FR 11629 , Mar. 12, 1997; 63 FR 68943 , Dec. 14, 1998; 79 FR 72150 , Dec. 5, 2014; 82 FR 41547 , Sept. 1, 2017] § 22.143 Construction prior to grant of application. Applicants may construct facilities in the Public Mobile services prior to grant of their applications, subject to the provisions of this section, but must not operate such facilities until the FCC grants an authorization. If the conditions stated in this section are not met, applicants must not begin to construct facilities in the Public Mobile Services. ( a ) When applicants may begin construction. An applicant may begin construction of a facility 35 days after the date of the Public Notice listing the application for that facility as acceptable for filing. ( b ) Notification to stop. If the FCC for any reason determines that construction should not be started or should be stopped while an application is pending, and so notifies the applicant, orally (followed by written confirmation) or in writing, the applicant must not begin construction or, if construction has begun, must stop construction immediately. ( c ) Assumption of risk. Applicants that begin construction pursuant to this section before receiving an authorization do so at their own risk and have no recourse against the United States for any losses resulting from: ( 1 ) Applications that are not granted; ( 2 ) Errors or delays in issuing Public Notices; ( 3 ) Having to alter, relocate or dismantle the facility; or ( 4 ) Incurring whatever costs may be necessary to bring the facility into compliance with applicable laws, or FCC rules and orders. ( d ) Conditions. Except as indicated, all pre-grant construction is subject to the following conditions: ( 1 ) The application is not mutually exclusive with any other application, except for successful bidders and tentative selectees in the Cellular Radiotelephone Service; ( 2 ) No petitions to deny the application have been filed; ( 3 ) The application does not include a request for a waiver of one or more FCC rules; ( 4 ) For any construction or alteration that would exceed the requirements of § 17.7 of this chapter , the licensee has notified the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1), secured a valid FAA determination of “no hazard,” and received antenna height clearance and obstruction marking and lighting specifications (FCC Form 854R) from the FCC for the proposed construction or alteration. ( 5 ) The applicant has indicated in the application that the proposed facility would not have a significant environmental effect, in accordance with §§ 1.1301 through 1.1319 of this chapter ; and, ( 6 ) Under applicable international agreements and rules in this part, individual coordination of the proposed channel assignment(s) with a foreign administration is not required. [ 59 FR 59507 , Nov. 17, 1994, as amended at 70 FR 19308 , Apr. 13, 2005; 77 FR 3954 , Jan. 26, 2012; 79 FR 72151 , Dec. 5, 2014] § 22.150 Standard pre-filing technical coordination procedure. For operations on certain channels in the Public Mobile Services, carriers must attempt to coordinate the proposed use of spectrum with other spectrum users prior to filing an application for authority to operate a station. Rules requiring this procedure for specific channels and types of stations are contained in the subparts governing the individual Public Mobile Services. ( a ) Coordination comprises two steps—notification and response. Each step may be accomplished orally or in writing. ( b ) Notification must include relevant technical details of the proposal. At minimum, this should include the following: ( 1 ) Geographical coordinates of the antenna site(s). ( 2 ) Transmitting and receiving channels to be added or changed. ( 3 ) Transmitting power, emission type and polarization. ( 4 ) Transmitting antenna pattern and maximum gain. ( 5 ) Transmitting antenna height above ground level. ( c ) Applicants and licensees receiving notification must respond promptly, even if no channel usage conflicts are anticipated. If any notified party fails to respond within 30 days, the applicant may file the application without a response from that party. ( d ) The 30-day period begins on the date the notification is submitted to the Commission via the ULS. If the notification is by mail, this date may be ascertained by: ( 1 ) The return receipt on certified mail, ( 2 ) The enclosure of a card to be dated and returned by the party being notified, or ( 3 ) A reasonable estimate of the time required for the mail to reach its destination. In this case, the date when the 30-day period will expire must be stated in the notification. ( e ) All channel usage conflicts discovered during the coordination process should be resolved prior to filing of the application. If the applicant is unable or unwilling to resolve a particular conflict, the application may be accepted for filing if it contains a statement describing the unresolved conflict and a brief explanation of the reasons why a resolution was not achieved. ( f ) If a number of changes in the technical parameters of a proposed facility become necessary during the course of the coordination process, an attempt should be made to minimize the number of separate notifications. If the changes are incorporated into a completely revised notice, the items that were changed from the previous notice should be identified. ( g ) In situations where subsequent changes are not numerous or complex, the party receiving the changed notification should make an effort to respond in less than 30 days. If the applicant believes a shorter response time is reasonable and appropriate, it should so indicate in the notice and suggest a response date. ( h ) If a subsequent change in the technical parameters of a proposed facility could not affect the facilities of one or more of the parties that received an initial notification, the applicant is not required to coordinate that change with these parties. However, these parties must be advised of the change and of the opinion that coordination is not required. [ 59 FR 59507 , Nov. 17, 1994, as amended at 63 FR 68944 , Dec. 14, 1998] § 22.165 Additional transmitters for existing systems. A licensee may operate additional transmitters at additional locations on the same channel or channel block as its existing system without obtaining prior Commission approval provided: ( a ) International coordination. The locations and/or technical parameters of the additional transmitters are such that individual coordination of the channel assignment(s) with a foreign administration, under applicable international agreements and rules in this part, is not required. ( b ) Antenna structure registration. Certain antenna structures must be registered with the Commission prior to construction or alteration. Registration requirements are contained in part 17 of this chapter . ( c ) Environmental. The additional transmitters must not have a significant environmental effect as defined by §§ 1.1301 through 1.1319 of this chapter . ( d ) Paging and Radiotelephone Service. The provisions in this paragraph apply for stations in the Paging and Radiotelephone Service. ( 1 ) The interfering contours of the additional transmitter(s) must be totally encompassed by the composite interfering contour of the existing station (or stations under common control of the applicant) on the same channel, except that this limitation does not apply to nationwide network paging stations or in-building radiation systems. ( 2 ) [Reserved] ( 3 ) The additional transmitters must not operate on control channels in the 72-76 MHz, 470-512 MHz, 928 MHz, 932 MHz, 941 MHz or 959 MHz frequency ranges. ( e ) Cellular Radiotelephone Service. The service area boundaries (SABs) of the additional transmitters, as calculated by the method set forth in § 22.911(a) , must not cause an expansion of the Cellular Geographic Service Area (CGSA), and must not extend outside the CGSA boundary into Unserved Area unless such extension is less than 130 contiguous square kilometers (50 contiguous square miles). The licensee must seek prior approval (using FCC Form 601) regarding any transmitters to be added under this section that would cause an expansion of the CGSA, or an SAB extension of 130 contiguous square kilometers (50 contiguous square miles) or more, into Unserved Area. See §§ 22.912 , 22.953 . ( f ) Air-ground Radiotelephone Service. Ground stations may be added to Commercial Aviation air-ground systems at previously established ground station locations, pursuant to § 22.859 , subject to compliance with the applicable technical rules. This section does not apply to General Aviation air-ground stations. ( g ) Rural Radiotelephone Service. A “service area” and “interfering contours” must be determined using the same method as for stations in the Paging and Radiotelephone Service. The service area and interfering contours so determined for the additional transmitter(s) must be totally encompassed by the similarly determined composite service area contour and predicted interfering contour, respectively, of the existing station on the same channel. This section does not apply to Basic Exchange Telecommunications Radio Systems. ( h ) Offshore Radiotelephone Service. This section does not apply to stations in the Offshore Radiotelephone Service. ( i ) Provision of information upon request. Upon request by the FCC, licensees must supply administrative or technical information concerning the additional transmitters. At the time transmitters are added pursuant to this section, licensees must make a record of the pertinent technical and administrative information so that such information is readily available. See § 22.303 . [ 59 FR 59507 , Nov. 17, 1994; 59 FR 64856 , Dec. 16, 1994, as amended at 62 FR 11629 , Mar. 12, 1997; 63 FR 68944 , Dec. 14, 1998; 64 FR 53240 , Oct. 1, 1999; 67 FR 77190 , Dec. 17, 2002; 78 FR 25174 , Apr. 29, 2013; 79 FR 72151 , Dec. 5, 2014] § 22.169 International coordination. Operation of systems and channel assignments under this part are subject to the applicable provisions and requirements of treaties and other international agreements between the United States government and the governments of Canada and Mexico. [ 82 FR 17582 , Apr. 12, 2017] Competitive Bidding Procedures Source: 62 FR 11629 , Mar. 12, 1997, unless otherwise noted. § 22.201 Paging geographic area authorizations are subject to competitive bidding. Mutually exclusive initial applications for paging geographic area licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this sub part and part 90 of this chapter . [ 67 FR 45366 , July 9, 2002] §§ 22.203-22.211 [Reserved] § 22.213 Filing of long-form applications. After an auction, the Commission will not accept long form applications for paging geographic authorizations from anyone other than the auction winners and parties seeking partitioned authorizations pursuant to agreements with auction winners under § 22.221 . [ 67 FR 45366 , July 9, 2002] § 22.215 [Reserved] § 22.217 Bidding credit for small businesses. A winning bidder that qualifies as a small business, as defined in § 22.223(b)(1) , or a consortium of small businesses may use a bidding credit of thirty-five (35) percent to lower the cost of its winning bid. A winning bidder that qualifies as a small business, as defined in § 22.223(b)(2) , or consortium of small businesses may use a bidding credit of twenty-five (25) percent to lower the cost of its winning bid. [ 68 FR 42998 , July 21, 2003] § 22.221 Eligibility for partitioned licenses. If partitioned licenses are being applied for in conjunction with a license(s) to be awarded through competitive bidding procedures— ( a ) The applicable procedures for filing short-form applications and for submitting upfront payments and down payments contained in this chapter shall be followed by the applicant, who must disclose as part of its short-form application all parties to agreement(s) with or among other entities to partition the license pursuant to this section, if won at auction ( see 47 CFR 1.2105(a)(2)(viii) ); ( b ) Each party to an agreement to partition the authorization must file a long-form application (FCC Form 601) for its respective, mutually agreed-upon geographic area together with the application for the remainder of the MEA or EA filed by the auction winner. ( c ) If the partitioned authorization is being applied for as a partial assignment of the MEA or EA authorization following grant of the initial authorization, request for authorization for partial assignment of an authorization shall be made pursuant to § 1.948 of this part . [ 59 FR 59507 , Nov. 17, 1994, as amended at 64 FR 33781 , June 24, 1999] § 22.223 Designated entities. ( a ) Scope. The definitions in this section apply to §§ 22.201 through 22.227 , unless otherwise specified in those sections. ( b ) A small business is an entity that either: ( 1 ) Together with its affiliates and controlling interests has average gross revenues that are not more than $3 million for the preceding three years; or ( 2 ) Together with its affiliates and controlling interests has average gross revenues that are not more than $15 million for the preceding three years. [ 68 FR 42998 , July 21, 2003] § 22.225 Certifications, disclosures, records maintenance, and definitions. ( a ) Records maintenance. All winning bidders qualifying as small businesses shall maintain at their principal place of business an updated file of ownership, revenue, and asset information, including any documents necessary to establish small businesses under § 22.223 . Licensees (and their successors-in-interest) shall maintain such files for the term of the license. Applicants that do not obtain the license(s) for which they applied shall maintain such files until the grant of such license(s) is final, or one year from the date of the filing of their short-form application (FCC Form 175), whichever is earlier. ( b ) Definition. The term small business used in this section is defined in § 22.223 . [ 67 FR 45367 , July 9, 2002, as amended at 68 FR 42998 , July 21, 2003] § 22.227 Petitions to deny and limitations on settlements. ( a ) Procedures regarding petitions to deny long-form applications in the paging service will be governed by § 1.939 of this chapter . ( b ) The consideration that an individual or an entity will be permitted to receive for agreeing to withdraw an application or petition to deny will be limited by the provisions set forth in § 1.935 of this chapter . [ 67 FR 45367 , July 9, 2002] § 22.229 Designated entities. ( a ) Eligibility for small business provisions. ( 1 ) A very small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $3 million for the preceding three years. ( 2 ) A small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $15 million for the preceding three years. ( 3 ) An entrepreneur is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $40 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter . A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as an entrepreneur, as defined in this section, or a consortium of entrepreneurs may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . [ 67 FR 11434 , Mar. 14, 2002, as amended at 68 FR 42998 , July 21, 2003] Subpart C—Operational and Technical Requirements Operational Requirements § 22.301 [Reserved] § 22.303 [Reserved] § 22.305 Operator and maintenance requirements. FCC operator permits and licenses are not required to operate, repair or maintain equipment authorized in the Public Mobile Services. Station licensees are responsible for the proper operation and maintenance of their stations, and for compliance with FCC rules. § 22.307 Operation during emergency. Licensees of stations in the Public Mobile services may, during a period of emergency in which normal communications facilities are disrupted as a result of hurricane, flood, earthquake or other natural disaster, civil unrest, widespread vandalism, national emergencies or emergencies declared by Executive Order of the President, use their stations to temporarily provide emergency communications services in a manner or configuration not normally allowed by this part, provided that such operations comply with the provisions of this section. ( a ) Technical limitations. Public Mobile stations providing temporary emergency communications service must not transmit: ( 1 ) On channels other than those authorized for normal operations. ( 2 ) With power in excess of that authorized for normal operations; ( 3 ) Emission types other than those authorized for normal operations. ( b ) Discontinuance. Temporary emergency use of Public Mobile stations must be discontinued as soon as normal communication facilities are restored. The FCC may, at any time, order the discontinuance of any such emergency communication services. § 22.313 Station identification. The licensee of each station in the Public Mobile Services must ensure that the transmissions of that station are identified in accordance with the requirements of this section. ( a ) Station identification is not required for transmission by: ( 1 ) Stations in the Cellular Radiotelephone Service; ( 2 ) General aviation ground stations in the Air-ground Radiotelephone Service; ( 3 ) [Reserved] ( 4 ) Stations using Basic Exchange Telephone Radio Systems in the Rural Radiotelephone Service; ( 5 ) [Reserved] ( 6 ) Stations operating pursuant to paging geographic area authorizations. ( b ) For all other stations in the Public Mobile Services, station identification must be transmitted each hour within five minutes of the hour, or upon completion of the first transmission after the hour. Transmission of station identification may be temporarily delayed to avoid interrupting the continuity of any public communication in progress, provided that station identification is transmitted at the conclusion of that public communication. ( c ) Station identification must be transmitted by telephony using the English language or by telegraphy using the international Morse code, and in a form that can be received using equipment appropriate for the modulation type employed, and understood without the use of unscrambling devices, except that, alternatively, station identification may be transmitted digitally, provided that the licensee provides the Commission with information sufficient to decode the digital transmission to ascertain the call sign. Station identification comprises transmission of the call sign assigned by the Commission to the station, however, the following may be used in lieu of the call sign. ( 1 ) For transmission from subscriber operated transmitters, the telephone number or other designation assigned by the carrier, provided that a written record of such designations is maintained by the carrier; ( 2 ) For general aviation airborne mobile stations in the Air-Ground Radiotelephone Service, the official FAA registration number of the aircraft; ( 3 ) For stations in the Paging and Radiotelephone Service, a call sign assigned to another station within the same system. [ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59955 , Nov. 21, 1994; 62 FR 11633 , Mar. 12, 1997; 70 FR 19308 , Apr. 13, 2005] § 22.321 [Reserved] § 22.325 [Reserved] Technical Requirements § 22.351 Channel assignment policy. The channels allocated for use in the Public Mobile Services are listed in the applicable subparts of this part . Channels and channel blocks are assigned in such a manner as to facilitate the rendition of service on an interference-free basis in each service area. Except as otherwise provided in this part, each channel or channel block is assigned exclusively to one licensee in each service area. All applicants for, and licensees of, stations in the Public Mobile Services shall cooperate in the selection and use of channels in order to minimize interference and obtain the most efficient use of the allocated spectrum. [ 70 FR 19308 , Apr. 13, 2005] § 22.352 Protection from interference. Public Mobile Service stations operating in accordance with applicable FCC rules and the terms and conditions of their authorizations are normally considered to be non-interfering. If the FCC determines, however, that interference that significantly interrupts or degrades a radio service is being caused, it may, in accordance with the provisions of sections 303(f) and 316 of the Communications Act of 1934, as amended, ( 47 U.S.C. 303(f) , 316 ), require modifications to any Public Mobile station as necessary to eliminate such interference. ( a ) Failure to operate as authorized. Any licensee causing interference to the service of other stations by failing to operate its station in full accordance with its authorization and applicable FCC rules shall discontinue all transmissions, except those necessary for the immediate safety of life or property, until it can bring its station into full compliance with the authorization and rules. ( b ) Intermodulation interference. Licensees should attempt to resolve such interference by technical means. ( c ) Situations in which no protection is afforded. Except as provided elsewhere in this part, no protection from interference is afforded in the following situations: ( 1 ) Interference to base receivers from base or fixed transmitters. Licensees should attempt to resolve such interference by technical means or operating arrangements. ( 2 ) Inteference to mobile receivers from mobile transmitters. No protection is provided against mobile-to-mobile interference. ( 3 ) Interference to base receivers from mobile transmitters. No protection is provided against mobile-to-base interference. ( 4 ) Interference to fixed stations. Licensees should attempt to resolve such interference by technical means or operating arrangements. ( 5 ) Anomalous or infrequent propagation modes. No protection is provided against interference caused by tropospheric and ionospheric propagation of signals. ( 6 ) Facilities for which the Commission is not notified. No protection is provided against interference to the service of any additional or modified transmitter operating pursuant to § 1.929 or § 22.165 , unless and until the licensee modifies its authorization using FCC Form 601. ( 7 ) In-building radiation systems. No protection is provided against interference to the service of in-building radiation systems (see § 22.383 ). [ 59 FR 59507 , Nov. 17, 1994, as amended at 62 FR 11633 , Mar. 12, 1997; 63 FR 68944 , Dec. 14, 1998; 70 FR 19308 , Apr. 13, 2005] § 22.353 Blanketing interference. Licensees of Public Mobile Services stations are responsible for resolving cases of blanketing interference in accordance with the provisions of this section. ( a ) Except as provided in paragraph (c) of this section, licensees must resolve any cases of blanketing interference in their area of responsibility caused by operation of their transmitter(s) during a one-year period following commencement of service from new or modified transmitter(s). Interference must be resolved promptly at no cost to the complainant. ( b ) The area of responsibility is that area in the immediate vicinity of the transmitting antenna of stations where the field strength of the electromagnetic radiation from such stations equals or exceeds 115 dBµV/m. To determine the radial distance to the boundary of this area, the following formula must be used: where d is the radial distance to the boundary, in kilometers p is the radial effective radiated power, in kilowatts The maximum effective radiated power in the pertinent direction, without consideration of the antenna's vertical radiation pattern or height, must be used in the formula. ( c ) Licensees are not required to resolve blanketing interference to mobile receivers or non-RF devices or blanketing interference occurring as a result of malfunctioning or mistuned receivers, improperly installed consumer antenna systems, or the use of high gain antennas or antenna booster amplifiers by consumers. ( d ) Licensees that install transmitting antennas at a location where there are already one or more transmitting antennas are responsible for resolving any new cases of blanketing interference in accordance with this section. ( e ) Two or more licensees that concurrently install transmitting antennas at the same location are jointly responsible for resolving blanketing interference cases, unless the FCC can readily determine which station is causing the interference, in which case the licensee of that station is held fully responsible. ( f ) After the one year period of responsibility to resolve blanketing interference, licensees must provide upon request technical information to complainants on remedies for blanketing interference. § 22.355 Frequency tolerance. Except as otherwise provided in this part, the carrier frequency of each transmitter in the Public Mobile Services must be maintained within the tolerances given in Table C-1 of this section. Table C-1—Frequency Tolerance for Transmitters in the Public Mobile Services Frequency range (MHz) Base, fixed (ppm) Mobile >3 watts (ppm) Mobile ≤3 watts (ppm) 25 to 50 20.0 20.0 50.0 50 to 450 5.0 5.0 50.0 450 to 512 2.5 5.0 5.0 821 to 896 1.5 2.5 2.5 928 to 929 5.0 n/a n/a 929 to 960 1.5 n/a n/a 2110 to 2220 10.0 n/a n/a [ 61 FR 54099 , Oct. 17, 1996] § 22.357 Emission types. Any authorized station in the Public Mobile Services may transmit emissions of any type(s) that comply with the applicable emission rule, i.e. § 22.359 , § 22.861 or § 22.917 . [ 70 FR 19308 , Apr. 13, 2005] § 22.359 Emission limitations. The rules in this section govern the spectral characteristics of emissions in the Public Mobile Services, except for the Air-Ground Radiotelephone Service (see § 22.861 , instead) and the Cellular Radiotelephone Service (see § 22.917 , instead). ( a ) Out of band emissions. The power of any emission outside of the authorized operating frequency ranges must be attenuated below the transmitting power (P) by a factor of at least 43 + 10 log (P) dB. ( b ) Measurement procedure. Compliance with these rules is based on the use of measurement instrumentation employing a resolution bandwidth of 30 kHz or more. In the 60 kHz bands immediately outside and adjacent to the authorized frequency range or channel, a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy provided the measured power is integrated over the full required measurement bandwidth (i.e., 30 kHz or 1 percent of emission bandwidth, as specified). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( c ) Alternative out of band emission limit. Licensees in the Public Mobile Services may establish an alternative out of band emission limit to be used at specified frequencies (band edges) in specified geographical areas, in lieu of that set forth in this section, pursuant to a private contractual arrangement of all affected licensees and applicants. In this event, each party to such contract shall maintain a copy of the contract in their station files and disclose it to prospective assignees or transferees and, upon request, to the FCC. ( d ) Interference caused by out of band emissions. If any emission from a transmitter operating in any of the Public Mobile Services results in interference to users of another radio service, the FCC may require a greater attenuation of that emission than specified in this section. [ 70 FR 19308 , Apr. 13, 2005] § 22.365 Antenna structures; air navigation safety. Licensees that own their antenna structures must not allow these antenna structures to become a hazard to air navigation. In general, antenna structure owners are responsible for registering antenna structures with the FCC if required by part 17 of this chapter , and for installing and maintaining any required marking and lighting. However, in the event of default of this responsibility by an antenna structure owner, each FCC permittee or licensee authorized to use an affected antenna structure will be held responsible by the FCC for ensuring that the antenna structure continues to meet the requirements of part 17 of this chapter . See § 17.6 of this chapter . ( a ) Marking and lighting. Antenna structures must be marked, lighted and maintained in accordance with part 17 of this chapter and all applicable rules and requirements of the Federal Aviation Administration. ( b ) Maintenance contracts. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) may enter into contracts with other entities to monitor and carry out necessary maintenance of antenna structures. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) that make such contractual arrangements continue to be responsible for the maintenance of antenna structures in regard to air navigation safety. [ 61 FR 4365 , Feb. 6, 1996] § 22.377 Certification of transmitters. Transmitters used in the Public Mobile Services, including those used with signal boosters, in-building radiation systems and cellular repeaters, must be certificated for use in the radio services regulated under this part. Transmitters must be certificated when the station is ready for service, not necessarily at the time of filing an application. The FCC may list as certificated only transmitters that are capable of meeting all technical requirements of the rules governing the service in which they will operate. The procedure for obtaining certification is set forth in part 2 of this chapter . [ 78 FR 25174 , Apr. 29, 2013] § 22.379 RF exposure. Licensees and manufacturers shall ensure compliance with the Commission's radio frequency exposure requirements in §§ 1.1307(b) , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. [ 85 FR 18150 , Apr. 1, 2020] § 22.383 In-building radiation systems. Licensees may install and operate in-building radiation systems without applying for authorization or notifying the FCC, provided that the locations of the in-building radiation systems are within the protected service area of the licensee's authorized transmitter(s) on the same channel or channel block. Subpart D [Reserved] Subpart E—Paging and Radiotelephone Service § 22.501 Scope. The rules in this subpart govern the licensing and operation of public mobile paging and radiotelephone stations. The licensing and operation of these stations are also subject to rules elsewhere in this part that apply generally to the Public Mobile Services. However, in case of conflict, the rules in this subpart govern. § 22.503 Paging geographic area authorizations. The FCC considers applications for and issues paging geographic area authorizations in the Paging and Radiotelephone Service in accordance with the rules in this section. Each paging geographic area authorization contains conditions requiring compliance with paragraphs (h) and (i) of this section. ( a ) Channels. The FCC may issue a paging geographic area authorization for any channel listed in § 22.531 of this part or for any channel pair listed in § 22.561 of this part . ( b ) Paging geographic areas. The paging geographic areas are as follows: ( 1 ) The Nationwide paging geographic area comprises the District of Columbia and all States, Territories and possessions of the United States of America. ( 2 ) Major Economic Areas (MEAs) and Economic Areas (EAs) are defined below. EAs are defined by the Department of Commerce, Bureau of Economic Analysis. See Final Redefinition of the MEA Economic Areas, 60 FR 13114 (March 10, 1995). MEAs are based on EAs. In addition to the Department of Commerce's 172 EAs, the FCC shall separately license Guam and the Northern Mariana Islands, Puerto Rico and the United States Virgin Islands, and American Samoa, which have been assigned FCC-created EA numbers 173-175, respectively, and MEA numbers 49-51, respectively. ( 3 ) The 51 MEAs are composed of one or more EAs as defined in the following table: MEAs EAs 1 (Boston) 1-3. 2 (New York City) 4-7, 10. 3 (Buffalo) 8. 4 (Philadelphia) 11-12. 5 (Washington) 13-14. 6 (Richmond) 15-17, 20. 7 (Charlotte-Greensboro-Greenville-Raleigh) 18-19, 21-26, 41-42, 46. 8 (Atlanta) 27-28, 37-40, 43. 9 (Jacksonville) 29, 35. 10 (Tampa-St. Petersburg-Orlando) 30, 33-34. 11 (Miami) 31-32. 12 (Pittsburgh) 9, 52-53. 13 (Cincinnati-Dayton) 48-50. 14 (Columbus) 51. 15 (Cleveland) 54-55. 16 (Detroit) 56-58, 61-62. 17 (Milwaukee) 59-60, 63, 104-105, 108. 18 (Chicago) 64-66, 68, 97, 101. 19 (Indianapolis) 67. 20 (Minneapolis-St. Paul) 106-107, 109-114, 116. 21 (Des Moines-Quad Cities) 100, 102-103, 117. 22 (Knoxville) 44-45. 23 (Louisville-Lexington-Evansville) 47, 69-70, 72. 24 (Birmingham) 36, 74, 78-79. 25 (Nashville) 71. 26 (Memphis-Jackson) 73, 75-77. 27 (New Orleans-Baton Rouge) 80-85. 28 (Little Rock) 90-92, 95. 29 (Kansas City) 93, 99, 123. 30 (St. Louis) 94, 96, 98. 31 (Houston) 86-87, 131. 32 (Dallas-Fort Worth) 88-89, 127-130, 135, 137-138. 33 (Denver) 115, 140-143. 34 (Omaha) 118-121. 35 (Wichita) 122. 36 (Tulsa) 124. 37 (Oklahoma City) 125-126. 38 (San Antonio) 132-134. 39 (El Paso-Albuquerque) 136, 139, 155-157. 40 (Phoenix) 154, 158-159. 41 (Spokane-Billings) 144-147, 168. 42 (Salt Lake City) 148-150, 152. 43 (San Francisco-Oakland-San Jose) 151, 162-165. 44 (Los Angeles-San Diego) 153, 160-161. 45 (Portland) 166-167. 46 (Seattle) 169-170. 47 (Alaska) 171. 48 (Hawaii) 172. 49 (Guam and the Northern Mariana Islands) 173. 50 (Puerto Rico and U.S. Virgin Islands) 174. 51 (American Samoa) 175. ( c ) Availability. The FCC may determine whether to issue a paging geographic area authorization for any specific channel or channel pair in any specific paging geographic area. The FCC may replace existing site specific authorizations for facilities on a channel or channel pair located in a paging geographic area with a paging geographic area authorization for that channel or channel pair, if in its sole discretion, the FCC determines that the public interest would be served by such replacement. ( d ) Filing windows. The FCC accepts applications for paging geographic area authorizations only during filing windows. The FCC issues Public Notices announcing in advance the dates of the filing windows, and the specific paging geographic areas and channels for which applications may be accepted. ( e ) One grant per geographic area. The FCC may grant one and only one application for a paging geographic area authorization for any specific channel or channel pair in any specific paging geographic area defined in paragraph (b) of this section. Selection from among mutually exclusive applications for a paging geographic area authorization will be made in accordance with the procedures in §§ 22.131 and 22.200 through 22.299 . If after the selection process but prior to filing a “long form” application, a successful bidder decides to partition the paging geographic area, the FCC may require and accept multiple “long form” applications from the consortium members. ( f ) Exclusive right to expand. During the term of a paging geographic area authorization, the FCC does not accept, from anyone other than the paging geographic area licensee, any major application for authorization to operate a facility that would serve unserved area within the paging geographic area specified in that paging geographic area authorization, on the channel specified in that paging geographic area authorization, unless any extension of the interfering contour of the proposed facility falls: ( 1 ) Within the composite interfering contour of another licensee; or, ( 2 ) Into unserved area and the paging geographic area licensee consents to such extension. ( g ) Subsequent applications not accepted. During the term of a paging geographic area authorization, the FCC does not accept any application for authorization relating to a facility that is or would be located within the paging geographic area specified in that paging geographic area authorization, on the channel specified in that paging geographic area authorization, except in the following situations: ( 1 ) FCC grant of an application authorizing the construction of the facility could have a significant environmental effect as defined by § 1.1307 of this chapter . See § 22.115(a)(5) . ( 2 ) Specific international coordination procedures are required, prior to assignment of a channel to the facility, pursuant to a treaty or other agreement between the United States government and the government of Canada or Mexico. See § 22.169 . ( 3 ) The paging geographic area licensee or another licensee of a system within the paging geographic area applies to assign its authorization or for FCC consent to a transfer of control. ( h ) Adjacent geographic area coordination required. Before constructing a facility for which the interfering contour (as defined in § 22.537 or § 22.567 of this part , as appropriate for the channel involved) would extend into another paging geographic area, a paging geographic area licensee must obtain the consent of the relevant co-channel paging geographic area licensee, if any, into whose area the interfering contour would extend. Licensees are expected to cooperate fully and in good faith attempt to resolve potential interference problems before bringing matters to the FCC. In the event that there is no co-channel paging geographic area licensee from whom to obtain consent in the area into which the interfering contour would extend, the facility may be constructed and operated subject to the condition that, at such time as the FCC issues a paging geographic area authorization for that adjacent geographic area, either consent must be obtained or the facility modified or eliminated such that the interfering contour no longer extends into the adjacent geographic area. ( i ) Protection of existing service. All facilities constructed and operated pursuant to a paging geographic area authorization must provide co-channel interference protection in accordance with § 22.537 or § 22.567 , as appropriate for the channel involved, to all authorized co-channel facilities of exclusive licensees within the paging geographic area. Non-exclusive licensees on the thirty-five exclusive 929 MHz channels are not entitled to exclusive status, and will continue to operate under the sharing arrangements established with the exclusive licensees and other non-exclusive licensees that were in effect prior to February 19, 1997. MEA, EA, and nationwide geographic area licensees have the right to share with non-exclusive licensees on the thirty-five exclusive 929 MHz channels on a non-interfering basis. ( j ) Site location restriction. The transmitting antenna of each facility constructed and operated pursuant to a paging geographic area authorization must be located within the paging geographic area specified in the authorization. ( k ) Coverage requirements. Failure by an MEA or EA licensee to meet either the coverage requirements in paragraphs (k)(1) and (k)(2) of this section, or alternatively, the substantial service requirement in paragraph (k)(3) of this section, will result in automatic termination of authorizations for those facilities that were not authorized, constructed, and operating at the time the geographic area authorization was granted. MEA and EA licensees have the burden of showing when their facilities were authorized, constructed, and operating, and should retain necessary records of these sites until coverage requirements are fulfilled. For the purpose of this paragraph, to “cover” area means to include geographic area within the composite of the service contour(s) determined by the methods of § 22.537 or § 22.567 as appropriate for the particular channel involved. Licensees may determine the population of geographic areas included within their service contours using either the 1990 census or the 2000 census, but not both. ( 1 ) No later than three years after the initial grant of an MEA or EA geographic area authorization, the licensee must construct or otherwise acquire and operate sufficient facilities to cover one third of the population in the paging geographic area. The licensee must notify the FCC at the end of the three-year period pursuant to § 1.946 of this chapter , either that it has satisfied this requirement or that it plans to satisfy the alternative requirement to provide substantial service in accordance with paragraph (k)(3) of this section. ( 2 ) No later than five years after the initial grant of an MEA or EA geographic area authorization, the licensee must construct or otherwise acquire and operate sufficient facilities to cover two thirds of the population in the paging geographic area. The licensee must notify the FCC at the end of the five year period pursuant to § 1.946 of this chapter , either that it has satisfied this requirement or that it has satisfied the alternative requirement to provide substantial service in accordance with paragraph (k)(3) of this section. ( 3 ) As an alternative to the coverage requirements of paragraphs (k)(1) and (k)(2) of this section, the paging geographic area licensee may demonstrate that, no later than five years after the initial grant of its paging geographic area authorization, it provides substantial service to the paging geographic area. “Substantial service” means service that is sound, favorable, and substantially above a level of mediocre service that would barely warrant renewal. [ 62 FR 11633 , Mar. 12, 1997, as amended at 63 FR 68945 , Dec. 14, 1998; 64 FR 33782 , June 24, 1999] § 22.507 Number of transmitters per station. This section concerns the number of transmitters licensed under each station authorization in the Paging and Radiotelephone Service, other than paging geographic area authorizations. ( a ) Operationally related transmitters. Each station must have at least one transmitter. There is no limit to the number of transmitters that a station may comprise. However, transmitters within a station should be operationally related and/or should serve the same general geographical area. Operationally related transmitters are those that operate together as a system ( e.g. , trunked systems, simulcast systems), rather than independently. ( b ) Split of large systems. The FCC may split wide-area systems into two or more stations for administrative convenience. Except for nationwide paging and other operationally related transmitters, transmitters that are widely separated geographically are not licensed under a single authorization. ( c ) Consolidation of separate stations. The FCC may consolidate site-specific contiguous authorizations upon request (FCC Form 601) of the licensee, if appropriate under paragraph (a) of this section. Paging licensees may include remote, stand-alone transmitters under the single system-wide authorization, if the remote, stand-alone transmitter is linked to the system via a control/repeater facility or by satellite. Including a remote, stand-alone transmitter in a system-wide authorization does not alter the limitations provided under § 22.503(f) on entities other than the paging geographic area licensee. In the alternative, paging licensees may maintain separate site-specific authorizations for stand-alone or remote transmitters. The earliest expiration date of the authorizations that make up the single system-wide authorization will determine the expiration date for the system-wide authorization. Licensees must file timely renewal applications for site-specific authorizations included in a single system-wide authorization request until the request is approved. Renewal of the system-wide authorization will be subject to § 1.949 of this chapter . ( d ) Replacement of site-by-site authorizations with single authorization. After a paging geographic area authorization for a channel has been issued, the FCC may, on its own motion, replace the authorization(s) of any other licensee (for facilities located within that paging geographic area on that channel) with a single replacement authorization. [ 62 FR 11634 , Mar. 12, 1997, as amended at 63 FR 68945 , Dec. 14, 1998; 64 FR 33784 , June 24, 1999] § 22.509 Procedures for mutually exclusive applications in the Paging and Radiotelephone Service. Mutually exclusive applications in the Paging and Radiotelephone Service, including those that are mutually exclusive with applications in the Rural Radiotelephone Service, are processed in accordance with § 22.131 and with this section. ( a ) Applications in the Paging and Radiotelephone Service may be mutually exclusive with applications in the Rural Radiotelephone Service if they seek authorization to operate facilities on the same channel in the same area, or the technical proposals are otherwise in conflict. See § 22.567 . ( b ) A modification application in either service filed on the earliest filing date may cause all later-filed mutually exclusive applications of any type in either service to be “cut off” (excluded from a same-day filing group) and dismissed, pursuant to § 22.131(c)(3)(ii) and § 22.131(c)(4) . [ 59 FR 59956 , Nov. 21, 1994, as amended at 61 FR 54099 , Oct. 17, 1996; 64 FR 33784 , June 24, 1999] § 22.511 Construction period for the Paging and Radiotelephone Service. The construction period for stations in the Paging and Radiotelephone Service is one year. § 22.513 Partitioning and disaggregation. MEA and EA licensees may apply to partition their authorized geographic service area or disaggregate their authorized spectrum at any time following grant of their geographic area authorizations. Nationwide geographic area licensees may apply to partition their authorized geographic service area or disaggregate their authorized spectrum at any time as of August 23, 1999. ( a ) Application required. Parties seeking approval for partitioning and/or disaggregation shall apply for partial assignment of a license pursuant to § 1.948 of this chapter . ( b ) Partitioning. In the case of partitioning, requests for authorization for partial assignment of a license must include, as attachments, a description of the partitioned service area and a calculation of the population of the partitioned service area and the authorized geographic service area. The partitioned service area shall be defined by 120 sets of geographic coordinates at points at every 3 degrees azimuth from a point within the partitioned service area along the partitioned service area boundary unless either an FCC-recognized service area is used (e.g., MEA or EA) or county lines are followed. The geographical coordinates must be specified in degrees, minutes, and seconds to the nearest second latitude and longitude, and must be based upon the 1983 North American Datum (NAD83). In the case where FCC-recognized service areas or county lines are used, applicants need only list the specific area(s) through use of FCC designations or county names that constitute the partitioned area. ( c ) Disaggregation. Spectrum may be disaggregated in any amount. ( d ) Combined partitioning and disaggregation. Licensees may apply for partial assignment of authorizations that propose combinations of partitioning and disaggregation. ( e ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 1.955 of this chapter . [ 64 FR 33784 , June 24, 1999, as amended at 82 FR 41547 , Sept. 1, 2017] § 22.515 Permissible communications paths. Mobile stations may communicate only with and through base stations. Base stations may communicate only with mobile stations and receivers on land or surface vessels. § 22.527 Signal boosters. Licensees may install and operate signal boosters on channels listed in § 22.531 only in accordance with the provisions of § 22.165 governing additional transmitters for existing systems. Licensees must not allow any signal booster that they operate to cause interference to the service or operation of any other authorized stations or systems. [ 61 FR 31051 , June 19, 1996] § 22.529 Application requirements for the Paging and Radiotelephone Service. In addition to information required by subparts B and D of this part , applications for authorization in the Paging and Radiotelephone Service contain required information as described in the instructions to the form. Site coordinates must be referenced to NAD83 and be correct to + −1 second. ( a ) Administrative information. The following information, associated with Form 601, is required as indicated. Each application of any type, including applications for paging geographic area authorizations, must contain one and only one Schedule A. ( 1 ) The purpose of the filing is required for each application of any type. ( 2 ) The geographic area designator, channel and geographic area name are required only for each application for a paging geographic area authorization. ( 3 ) The FCC control point number, if any, the location (street address, city or town, state), the telephone number and an indication of the desired database action are required only for each application proposing to add or delete a control point. ( 4 ) The FCC location number, file number and location (street address, city or town, state) of authorized facilities that have not been constructed are required only for each application requesting an extension of time to construct those facilities. ( b ) Technical data. The following data, associated with FCC Form 601, are required as indicated for each application. Applications for a paging geographic area authorization must not contain Schedule B. Other type of applications may contain as many Schedule Bs as are necessary for the intended purpose. ( 1 ) For each transmitting antenna site to be added, deleted or modified, the following are required: an indication of the desired database action, the Commission location number, if any, the street address or other description of the transmitting antenna site, the city, county and state, the geographic coordinates (latitude and longitude), correct to ±1 second, of the transmitting antenna site (NAD83), and in the case of a proposed relocation of a transmitting antenna, the Commission location number and geographic coordinates, correct to ±1 second, of the transmitting antenna site (NAD83) to which the geographic coordinates of the current location are referenced. ( 2 ) For each transmitting antenna site to be added, deleted or modified, the following supplementary information is required: An indication as to whether or not the transmitting antenna site is within 200 kilometers (124 miles) of the U.S.-Mexico border, and an indication as to whether or not the transmitting antenna site is North of Line A or East of Line C. Line A and Line C are defined in § 2.1 of this chapter . For each adjacent geographic area within 200 kilometers (124 miles) of each transmitting antenna site to be added, deleted or modified, the geographic area designator and name, and the shortest distance (in kilometers) to the boundary of that geographic area. ( 3 ) The height (in meters) above average terrain of the center of radiation of the antenna, the beamwidth of the main lobe of the horizontal radiation pattern of the electric field of the antenna, the height (in meters) to the tip of the antenna above ground level, a polar plot of the horizontal gain pattern of the antenna, the antenna gain in the maximum lobe and the electric field polarization of the wave emitted by the antenna when installed as proposed. ( i ) The center frequency of the requested channel, the transmitter classification (e.g. base, fixed mobile), the designator for any non-standard emission type to be used, including bandwidth and modulation type, and the maximum effective radiated power. ( ii ) For each of the eight cardinal radials, the antenna height above the average elevation along the radial, and the effective radiated power of each transmitter in the direction of the radial. ( iii ) For each transmitter proposed to transmit on a channel reserved for point-to-multipoint operation involving transmission to four or more points of communications (i.e. base transmitters), the following is required for each point of communication: an indication of the desired database action, the location (city or town, state), and the geographical coordinates (latitude and longitude, NAD 83). ( c ) Upon request by an applicant, licensee, or the Commission, a part 22 applicant or licensee of whom the request is made shall furnish the antenna type, model, and the name of the antenna manufacturer to the requesting party within ten (10) days of receiving written notification. [ 62 FR 11635 , Mar. 12, 1997, as amended at 63 FR 68945 , Dec. 14, 1998; 64 FR 53240 , Oct. 1, 1999] Paging Operation § 22.531 Channels for paging operation. The following channels are allocated for assignment to base transmitters that provide paging service, either individually or collectively under a paging geographic area authorization. Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. Low VHF Channels 35.20 35.46 43.20 43.46 35.22 35.50 43.22 43.50 35.24 35.54 43.24 43.54 35.26 35.56 43.26 43.56 35.30 35.58 43.30 43.58 35.34 35.60 43.34 43.60 35.38 35.62 43.38 43.62 35.42 35.66 43.42 43.66 High VHF Channels 152.24 152.84 158.10 158.70 UHF Channels 931.0125 931.2625 931.5125 931.7625 931.0375 931.2875 931.5375 931.7875 931.0625 931.3125 931.5625 931.8125 931.0875 931.3375 931.5875 931.8375 931.1125 931.3625 931.6125 931.8625 931.1375 931.3875 931.6375 931.8875 931.1625 931.4125 931.6625 931.9125 931.1875 931.4375 931.6875 931.9375 931.2125 931.4625 931.7125 931.9625 931.2375 931.4875 931.7375 931.9875 ( a ) - ( b ) [Reserved] ( c ) Upon application using FCC Form 601, common carriers may be authorized to provide one-way paging service using the leased subcarrier facilities of broadcast stations licensed under part 73 of this chapter . ( d ) Occasionally in case law and other formal and informal documents, the low VHF channels have been referred to as “lowband” channels, and the high VHF channels have been referred to as “guardband” channels. ( e ) Pursuant to the U.S.-Canada Interim Coordination Considerations for 929-932 MHz, as amended, only the following UHF channels may be assigned in the continental United States North of Line A or in the State of Alaska East of Line C, within the indicated longitudes: ( 1 ) From longitude W.73° to longitude W.75° and from longitude W.78° to longitude W.81°: 931.0125 931.1125 931.1875 931.2625 931.0375 931.1375 931.2125 931.8625 931.0625 931.1625 931.2375 ( 2 ) From longitude W.81° to longitude W.85°: 931.0125 931.2125 931.3875 931.5875 931.0375 931.2375 931.4125 931.6125 931.0625 931.2625 931.4625 931.6375 931.1125 931.2875 931.4875 931.8625 931.1375 931.3125 931.5125 931.1625 931.3375 931.5375 931.1875 931.3625 931.5625 ( 3 ) Longitudes other than specified in paragraphs (e)(1) and (e)(2) of this section: 931.0125 931.1625 931.2875 931.4125 931.0375 931.1875 931.3125 931.4625 931.0625 931.2125 931.3375 931.8625 931.1125 931.2375 931.3625 931.1375 931.2625 931.3875 ( 4 ) At any longitude, with authorization condition requiring coordinated, shared use and equal access by licensees in both countries: 931.4375 931.8875 931.9125 931.9375 ( f ) For the purpose of issuing paging geographic authorizations, the paging geographic areas used for UHF channels are the MEAs, and the paging geographic areas used for the low and high VHF channels are the EAs (see § 22.503(b) ). [ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59954 , Nov. 21, 1994; 62 FR 11635 , Mar. 12, 1997; 63 FR 68945 , Dec. 14, 1998; 64 FR 33784 , June 24, 1999; 70 FR 19309 , Apr. 13, 2005] § 22.535 Effective radiated power limits. The effective radiated power (ERP) of transmitters operating on the channels listed in § 22.531 must not exceed the limits in this section. ( a ) Maximum ERP. The ERP must not exceed the applicable limits in this paragraph under any circumstances. Frequency range (MHz) Maximum ERP (Watts) 35-36 600 43-44 500 152-159 1400 931-932 3500 ( b ) Basic power limit. Except as provided in paragraph (d) of this section, the ERP of transmitters on the VHF channels must not exceed 500 Watts. ( c ) Height-power limit. Except as provided in paragraph (d) of this section, the ERP of transmitters on the VHF channels must not exceed the amount that would result in an average distance to the service contour of 32.2 kilometers (20 miles). The average distance to the service contour is calculated by taking the arithmetic mean of the distances determined using the procedures specified in § 22.537 for the eight cardinal radial directions, excluding cardinal radial directions for which 90% or more of the distance so calculated is over water. ( d ) Encompassed interfering contour areas. Transmitters are exempt from the basic power and height-power limits of this section if the area within their interfering contours is totally encompassed by the interfering contours of operating co-channel base transmitters controlled by the same licensee. For the purpose of this paragraph, operating transmitters are authorized transmitters that are providing service to subscribers. ( e ) Adjacent channel protection. The ERP of transmitters must not exceed 500 Watts if they: ( 1 ) Transmit on a channel in the 152-159 MHz frequency range and are located less than 5 kilometers (3.1 miles) from any station licensed in the Private Radio Services that receives on an adjacent channel; or, ( 2 ) Transmit on channel 158.10 or 158.70 MHz and are located less than 5 kilometers (3.1 miles) from any station licensed in the Public Mobile Services that receives on either of the following adjacent channels: 158.07 MHz or 158.67 MHz. ( f ) Signal boosters. The effective radiated power of signal boosters must not exceed 5 watts ERP under any normal operating condition. [ 59 FR 59507 , Nov. 17, 1994, as amended at 61 FR 31051 , June 19, 1996] § 22.537 Technical channel assignment criteria. The rules in this section establish technical assignment criteria for the channels listed in § 22.531 . These criteria permit channel assignments to be made in a manner such that reception by public paging receivers of signals from base transmitters, within the service area of such base transmitters, is protected from interference caused by the operation of independent co-channel base transmitters. ( a ) Contour overlap. The FCC may grant an application requesting assignment of a channel to a proposed base transmitter only if: ( 1 ) The interfering contour of the proposed transmitter does not overlap the service contour of any protected co-channel transmitter controlled by a carrier other than the applicant, unless that carrier has agreed in writing to accept any interference that may result from operation of the proposed transmitter; and, ( 2 ) The service contour of the proposed transmitter does not overlap the interfering contour of any protected co-channel transmitter controlled by a carrier other than the applicant, unless the applicant agrees to accept any interference that may result from operation of the protected co-channel transmitter; and, ( 3 ) The area and/or population to which service would be provided by the proposed transmitter is substantial, and service gained would exceed that lost as a result of agreements to accept interference. ( b ) Protected transmitter. For the purposes of this section, protected transmitters are authorized transmitters for which there is a current FCC public record and transmitters proposed in prior-filed pending applications. ( c ) VHF service contour. For paging stations transmitting on the VHF channels, the distance from the transmitting antenna to the service contour along each cardinal radial is calculated as follows: d = 1.243 × h 0.40 × p 0.20 where d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts ( 1 ) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. ( 2 ) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction or 0.1 Watt, whichever is more. ( 3 ) The distance from the transmitting antenna to the service contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the service contour using the formula in paragraph (c) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. ( d ) VHF interfering contour. For paging stations transmitting on the VHF channels, the distance from the transmitting antenna to the interfering contour along each cardinal radial is calculated as follows: d = 6.509 × h 0.28 × p 0.17 where d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts ( 1 ) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. ( 2 ) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction or 0.1 Watt, whichever is more. ( 3 ) The distance from the transmitting antenna to the interfering contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. In resolving petitions to deny, however, the FCC may calculate the distance to the interfering contour using the formula in paragraph (d) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. ( e ) 931 MHz service contour. For paging stations transmitting on the 931 MHz channels, the service contour is a circle, centered on the transmitting antenna, with a radius determined from Table E-1 of this section. Table E—1-931 MHz Paging Service Radii Service radius km (miles) Effective radiated power (Watts) Antenna HAAT meters (feet) 0-125 126-250 251-500 501-1000 1001-1860 1861-3500 0-177 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) (0-581) 178-305 32.2 (20) 32.2 (20) 32.2 (20) 32.2 (20) 37.0 (23) 41.8 (26) (582-1001) 306-427 32.2 (20) 32.2 (20) 37.0 (23) 41.8 (26) 56.3 (35) 56.3 (35) (1002-1401) 428-610 32.2 (20) 37.0 (23) 41.8 (26) 56.3 (35) 56.3 (35) 56.3 (35) (1402-2001) 611-861 37.0 (23) 41.8 (26) 41.8 (26) 56.3 (35) 83.7 (52) 83.7 (52) (2002-2825) 862-1219 41.8 (26) 56.3 (35) 56.3 (35) 83.7 (52) 83.7 (52) 83.7 (52) (2826-3999) 1220 + 56.3 (35) 56.3 (35) 83.7 (52) 83.7 (52) 83.7 (52) 83.7 (52) (4000 + ) ( f ) 931 MHz interfering contour. For paging stations transmitting on the 931 MHz channels, the interfering contour is a circle, centered on the transmitting antenna, with a radius determined from Table E-2 of this section. Table E—2-931 MHz Paging Interfering Radii Interfering radius km (miles) Effective radiated power (Watts) Antenna HAAT meters (feet) 0-125 126-250 251-500 501-1000 1001-1860 1861-3500 0-177 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) (0-581) 178-305 80.5 (50) 80.5 (50) 80.5 (50) 80.5 (50) 88.5 (55) 96.6 (60) (582-1001) 306-427 80.5 (50) 80.5 (50) 88.5 (55) 96.6 (60) 130.4 (81) 130.4 (81) (1002-1401) 428-610 80.5 (50) 88.5 (55) 96.6 (60) 130.4 (81) 130.4 (81) 130.4 (81) (1402-2001) 611-861 88.5 (55) 96.6 (60) 96.6 (60) 130.4 (81) 191.5 (119) 191.5 (119) (2002-2825) 862-1219 96.6 (60) 130.4 (81) 130.4 (81) 191.5 (119) 191.5 (119) 191.5 (119) (2826-3999) 1220 + (4000 + ) 130.4 (81) 130.4 (81) 191.5 (119) 191.5 (119) 191.5 (119) 191.5 (119) ( g ) In-building radiation systems. The locations of in-building radiation systems must be within the service contour(s) of the licensee's authorized transmitter(s) on the same channel. In-building radiation systems are not protected facilities, and therefore do not have service or interfering contours. ( h ) Signal boosters on 931 MHz channels. For the purpose of compliance with § 22.165 and notwithstanding paragraphs (e) and (f) of this section, signal boosters operating on the 931 MHz channels with an antenna HAAT not exceeding 30 meters (98 feet) are deemed to have as a service contour a circle with a radius of 1.0 kilometer (0.6 mile) and as an interfering contour a circle with a radius of 10 kilometers (6.2 miles). [ 59 FR 59507 , Nov. 17, 1994, as amended at 61 FR 31051 , June 19, 1996] § 22.559 Paging application requirements. In addition to information required by subparts B and D and § 22.529 , applications for authorization to operate a paging transmitter on the channels listed in § 22.531 , other than applications for a paging geographic area authorization, must contain the applicable supplementary information described in this section. ( a ) Interference exhibit. Except as provided in paragraph (b) of this section, an exhibit demonstrating compliance with § 22.537 with regard to protected transmitters is required for applications to operate a transmitter on the VHF channels. This exhibit must: ( 1 ) Identify each protected transmitter located within 109 kilometers (68 miles) of the proposed transmitter in directions in which the distance to the interfering contour is 76.5 kilometers (47.5 miles) or less, and within 178 kilometers (111 miles) of the proposed transmitter in directions in which the distance to the interfering contour exceeds 76.5 kilometers (47.5 miles). ( 2 ) For each protected transmitter identified, show the results of distance calculations indicating that there would be no overlap of service and interfering contours, or alternatively, indicate that the licensee of or applicant for the protected transmitter and/or the applicant, as required, have agreed in writing to accept any interference resulting from operation of the proposed transmitter. ( b ) Encompassment exhibit. An exhibit showing that the area within the interfering contour of the proposed transmitter would be totally encompassed by interfering contours of operating co-channel base transmitters controlled by the applicant is required for applications to operate a transmitter with ERP exceeding the basic power and height-power limits of § 22.535 . For VHF transmitters, this encompassment exhibit may substitute for the interference exhibit required in paragraph (a) of this section. [ 59 FR 59507 , Nov. 17, 1994, as amended at 62 FR 11636 , Mar. 12, 1997] One-way or Two-way Mobile Operation § 22.561 Channels for one-way or two-way mobile operation. The following channels are allocated for paired assignment to transmitters that provide (or support other transmitters that provide) one-way or two-way public land mobile service, either individually or collectively under a paging geographic area authorization. The paging geographic areas used for these channels are the EAs ( see § 22.503(b)(3) ). These channels may be assigned for use by mobile or base transmitters as indicated, and or by fixed transmitters (including control, repeater or other fixed transmitters). The mobile channels may also be assigned for use by base or fixed transmitters under certain circumstances ( see § 22.567(h) ). Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. Base Mobile Base Mobile VHF Channels 152.03 158.49 152.57 157.83 152.06 158.52 152.60 157.86 152.09 158.55 152.63 157.89 152.12 158.58 152.66 157.92 152.15 158.61 152.69 157.95 152.18 158.64 152.72 157.98 152.21 158.67 152.75 158.01 152.51 157.77 152.78 158.04 152.54 157.80 152.81 158.07 UHF Channels 454.025 459.025 454.350 459.350 454.050 459.050 454.375 459.375 454.075 459.075 454.400 459.400 454.100 459.100 454.425 459.425 454.125 459.125 454.450 459.450 454.150 459.150 454.475 459.475 454.175 459.175 454.500 459.500 454.200 459.200 454.525 459.525 454.225 459.225 454.550 459.550 454.250 459.250 454.575 459.575 454.275 459.275 454.600 459.600 454.300 459.300 454.625 459.625 454.325 459.325 454.650 459.650 [ 59 FR 59507 , Nov. 17, 1994; 60 FR 9889 , Feb. 22, 1995, as amended at 62 FR 11636 , Mar. 12, 1997] § 22.565 Transmitting power limits. The transmitting power of base, mobile and fixed transmitters operating on the channels listed in § 22.561 must not exceed the limits in this section. ( a ) Maximum ERP. The effective radiated power (ERP) of base and fixed transmitters must not exceed the applicable limits in this paragraph under any circumstances. Frequency range (MHz) Maximum ERP (watts) 152-153 1400 157-159 150 454-455 3500 459-460 150 ( b ) Basic power limit. Except as provided in paragraph (d) of this section, the ERP of base transmitters must not exceed 500 Watts. ( c ) Height-power limits. Except as provided in paragraph (d) of this section, the ERP of base transmitters must not exceed the amount that would result in an average distance to the service contour of 41.6 kilometers (26 miles) for VHF channels or 30.7 kilometers (19 miles) for UHF channels. The average distance to the service contour is calculated by taking the arithmetic mean of the distances determined using the procedures specified in § 22.567 for the eight cardinal radial directions, excluding cardinal radial directions for which 90% or more of the distance so calculated is over water. ( d ) Encompassed interfering contour areas. Base transmitters are exempt from the basic power and height-power limits of this section if the area within their interfering contours is totally encompassed by the interfering contours of operating co-channel based transmitters controlled by the same licensee. For the purpose of this paragraph, operating transmitters are authorized transmitters that are providing service to subscribers. ( e ) Adjacent channel protection. The ERP of base and fixed transmitters must not exceed 500 Watts if they transmit on channel 454.025 MHz and are located less than 7 kilometers (4.3 miles) from any Private Radio Services station receiving on adjacent channel 454.0000 MHz. ( f ) Mobile transmitters. The transmitter output power of mobile transmitters must not exceed 60 watts. [ 59 FR 59507 , Nov. 17, 1994, as amended at 70 FR 19309 , Apr. 13, 2005] § 22.567 Technical channel assignment criteria. The rules in this section establish technical assignment criteria for the channels listed in § 22.561 . The criteria in paragraphs (a) through (f) of this section permit channel assignments to be made in a manner such that reception by public mobile receivers of signals from base transmitters, within the service area of such base transmitters, is protected from interference caused by the operation of independent co-channel base and fixed transmitters in the Paging and Radiotelephone Service and central office stations, including Basic Exchange Telephone Radio Systems (BETRS), in the Rural Radiotelephone Service. Additional criteria in paragraph (g) of this section permit channel assignments to be made in a manner such that BETRS communications are protected from interference caused by the operation of independent co-channel base and fixed transmitters in the Paging and Radiotelephone Service and other central office stations in the Rural Radiotelephone Service. Separate criteria in paragraph (h) of this section apply only to assignment of the channels designated in § 22.561 as mobile channels to base and fixed transmitters, and permit these channel assignments to be made in a manner such that reception by public base and fixed receivers of signals from associated mobile and fixed transmitters is protected from interference caused by the operation of independent co-channel base and fixed transmitters. ( a ) Contour overlap. The FCC may grant an application requesting assignment of a channel to a proposed base, fixed or central office station transmitter only if: ( 1 ) The interfering contour of the proposed transmitter does not overlap the service contour of any protected co-channel transmitter controlled by a carrier other than the applicant, unless that carrier has agreed in writing to accept any interference that may result from operation of the proposed transmitter; and ( 2 ) The service contour of the proposed transmitter does not overlap the interfering contour of any protected co-channel transmitter controlled by a carrier other than the applicant, unless the application contains a statement that the applicant agrees to accept any interference that may result from operation of the protected co-channel transmitter; and ( 3 ) The area and/or population to which service would be provided by the proposed transmitter is substantial, and service gained would exceed that lost as a result of agreements to accept interference. ( b ) Protected transmitter. For the purposes of this section, protected transmitters are authorized transmitters for which there is a current FCC public record and transmitters proposed in prior-filed pending applications, in the Paging and Radiotelephone Service and the Rural Radiotelephone Service. ( c ) VHF service contour. For base stations transmitting on the VHF channels, the radial distance from the transmitting antenna to the service contour along each cardinal radial is calculated as follows: d = 1.609 × h 0.40 × p 0.20 where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts ( 1 ) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. ( 2 ) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. ( 3 ) The distance from the transmitting antenna to the service contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the service contour using the formula in paragraph (c) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. ( d ) VHF interfering contour. For base and fixed stations transmitting on the VHF channels, the radial distance from the transmitting antenna to the interfering contour along each cardinal radial is calculated as follows: ( 1 ) If the radial antenna HAAT is less than 150 meters: d = 8.577 × h 0.24 × p 0.19 where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. ( 2 ) If the radial antenna HAAT is 150 meters or more: d = 12.306 × h 0.23 × p 0.14 where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts ( 3 ) The value used for p in the above formulas must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. ( 4 ) The distance from the transmitting antenna to the interfering contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the interfering contour using the appropriate formula in paragraph (d) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. ( e ) UHF service contour. For base stations transmitting on the UHF channels, the radial distance from the transmitting antenna to the service contour along each cardinal radial is calculated as follows: d = 1.726 × h 0.35 × p 0.18 where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts ( 1 ) Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. ( 2 ) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. ( 3 ) The distance from the transmitting antenna to the service contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the service contour using the formula in paragraph (e) of this section with actual HAAT and ERP data for the inter-station radial and addition radials above and below the below the inter-station radial at 2.5° intervals. ( f ) UHF interfering contour. For base and fixed stations transmitting on the UHF channels, the radial distance from the transmitting antenna to the interfering contour along each cardinal radial is calculated as follows: ( 1 ) If the radial antenna HAAT is less than 150 meters: d = 9.471 × h 0.23 × p 0.15 where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. ( 2 ) If the radial antenna HAAT is 150 meters or more: d = 6.336 × h 0.31 × p 0.15 where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts ( 3 ) The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. ( 4 ) The distance from the transmitting antenna to the interfering contour along any radial other than the eight cardinal radials is routinely calculated by linear interpolation of distance as a function of angle. However, in resolving petitions to deny, the FCC may calculate the distance to the interfering contour using the appropriate formula in paragraph (f) of this section with actual HAAT and ERP data for the inter-station radial and additional radials above and below the inter-station radial at 2.5° intervals. ( g ) Protection for BETRS. In applying the provisions of paragraph (a) of this section, if either or both of the transmitters involved is a BETRS central office station, the following contour substitutions must be used: ( 1 ) The service contour of the BETRS central office station(s) is a circle, centered on the central office station antenna, with a radius of 40 kilometers (25 miles). ( 2 ) The interfering contour of any station of any type, when determining whether it would overlap the service contour of a BETRS central office station, is calculated as follows: d = 36.364 × h 0.2 × p 0.1 where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts Whenever the actual HAAT is less than 30 meters (98 feet), 30 must be used as the value for h in the above formula. The value used for p in the above formula must not be less than 27 dB less than the maximum ERP in any direction, or 0.1 Watt, whichever is more. ( h ) Assignment of mobile channels to base or fixed transmitters. Mobile channels may be assigned to base or fixed transmitters if the following criteria are met: ( 1 ) The paired base channel, as designated in § 22.561 , is assigned to base transmitters in the same geographical area operated by the same licensee. ( 2 ) The authorization is granted subject to the condition that no interference be caused to fixed receivers in use on or prior to the date of the grant. § 22.571 Responsibility for mobile stations. Mobile stations that are subscribers in good standing to a two-way service in the Paging and Radiotelephone Service, when receiving service from that station, are considered to be operating under the authorization of that station. Licensees are responsible for exercising effective operational control over mobile stations receiving service through their stations. Mobile stations that are subscribers in good standing to a two-way service in the Paging and Radiotelephone Service, while receiving service from a different station, are considered to be operating under the authorization of such different station. The licensee of such different station is responsible, during such temporary period, for exercising effective operational control over such mobile stations as if they were subscribers to it. § 22.573 Use of base transmitters as repeaters. As an additional function, base transmitters may be used as repeaters. Licensees must be able to turn the base transmitter on or off from the control point regardless of whether a subscriber-operated transmitter is transmitting. § 22.575 Use of mobile channel for remote control of station functions. Carriers may remotely control station functions (e.g. shut down or reactivate base transmitters, turn aviation obstruction warning lights on or off, etc.) using a control transmitter operating on a mobile channel, subject to the conditions in this section and in § 22.567(h) . ( a ) The control transmitter must be capable of overriding transmissions from subscriber-operated transmitters if necessary. Subscriber-operated transmitters must not be capable of being used to deliberately or accidentally prevent the licensee from controlling the station. ( b ) The licensee must implement measures designed to prevent station functions from being controlled by persons not authorized by the licensee to control the station. ( c ) The control transmitter location must be within the composite service contour of the licensee's authorized station on the paired base channel. § 22.579 Operation of mobile transmitters across U.S.-Canada border. Mobile stations licensed by Canada may receive two-way service while in the United States from stations licensed under this part, after authorization has been granted by the FCC. Mobile stations that normally operate under the authority of base stations licensed under this part may receive two-way service while in Canada from stations licensed under this part or by Canada, upon authorization by Canada. § 22.589 One-way or two-way application requirements. In addition to information required by subparts B and D and § 22.529 , applications for authorization to operate a paging transmitter on the channels listed in § 22.531 , other than applications for a paging geographic area authorization, must contain the applicable supplementary information described in this section. ( a ) Interference exhibit. Except as provided in paragraph (b) of this section, an exhibit demonstrating compliance with § 22.567 with regard to protected transmitters is required. This exhibit must: ( 1 ) For UHF channels, identify each protected transmitter located within 108 kilometers (67 miles) of the proposed transmitter in directions in which the distance to the interfering contour is 76.4 kilometers (47.5 miles) or less, and within 178 kilometers (111 miles) of the proposed transmitter in directions in which the distance to the interfering contour exceeds 76.4 kilometers (47.5 miles); and identify each protected Basic Exchange Telephone Radio System central office transmitter in the Rural Radiotelephone Service within 231 kilometers (144 miles), ( 2 ) For VHF channels, identify each protected transmitter located within 135 kilometers (84 miles) of the proposed transmitter in directions in which the distance to the interfering contour is 93.3 kilometers (58 miles) or less, and within 178 kilometers (111 miles) of the proposed transmitter in directions in which the distance to the interfering contour exceeds 93.3 kilometers (58 miles). ( 3 ) For each protected transmitter identified, show the results of distance calculations indicating that there would be no overlap of service and interfering contours, or alternatively, indicate that the licensee of or applicant for the protected transmitter and/or the applicant, as required, have agreed in writing to accept any interference resulting from operation of the proposed transmitter. ( b ) Encompassment exhibit. An exhibit showing that the area within the interfering contour of the proposed transmitter would be totally encompassed by interfering contours of operating co-channel base transmitters controlled by the applicant is required for applications to operate a transmitter with ERP exceeding the basic power and height-power limits of § 22.565 . This encompassment exhibit may substitute for the interference exhibit required in paragraph (a) of this section. [ 59 FR 59507 , Nov. 17, 1994, as amended at 62 FR 11636 , Mar. 12, 1997] Point-to-Point Operation § 22.591 Channels for point-to-point operation. The following channels are allocated for assignment to fixed transmitters that support other transmitters that provide public mobile service. Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. VHF Channels 72.02 72.36 72.80 75.66 72.04 72.38 72.82 75.68 72.06 72.40 72.84 75.70 72.08 72.42 72.86 75.72 72.10 72.46 72.88 75.74 72.12 72.50 72.90 75.76 72.14 72.54 72.92 75.78 72.16 72.58 72.94 75.80 72.18 72.62 72.96 75.82 72.20 72.64 72.98 75.84 72.22 72.66 75.42 75.86 72.24 72.68 75.46 75.88 72.26 72.70 75.50 75.90 72.28 72.72 75.54 75.92 72.30 72.74 75.58 75.94 72.32 72.76 75.62 75.96 72.34 72.78 75.64 75.98 72.10 72.46 72.88 75.74 72.12 72.50 72.90 75.76 72.14 72.54 72.92 75.78 72.16 72.58 72.94 75.80 72.18 72.62 72.96 75.82 72.20 72.64 72.98 75.84 72.22 72.66 75.42 75.86 72.24 72.68 75.46 75.88 72.26 72.70 75.50 75.90 72.28 72.72 75.54 75.92 72.30 72.74 75.58 75.94 72.32 72.76 75.62 75.96 72.34 72.78 75.64 75.98 UHF Channels—State of Hawaii 488.250 491.250 489.750 492.750 488.750 491.750 490.250 493.250 489.250 492.250 490.750 493.750 ( a ) The 72-76 MHz channels may be used in point-to-multipoint configurations. The 72-76 MHz channels are also allocated for assignment in the Private Radio Services (see part 90 of this chapter ). ( b ) [Reserved] ( c ) Channels in the frequency ranges 488.250-490.750 and 491.250-493.750 MHz may be assigned only to inter-island fixed stations located in the State of Hawaii. [ 59 FR 59507 , Nov. 17, 1994; 60 FR 9889 , Feb. 22, 1995, as amended at 70 FR 19309 , Apr. 13, 2005; 78 FR 25174 , Apr. 29, 2013] § 22.593 Effective radiated power limits. The effective radiated power of fixed stations operating on the channels listed in § 22.591 must not exceed 150 Watts. The equivalent isotropically radiated power of existing fixed microwave stations (2110-2130 and 2160-2180 MHz) licensed under this part (pursuant to former rules) must not exceed the applicable limits set forth in § 101.113 of this chapter . [ 70 FR 19309 , Apr. 13, 2005] § 22.601 Existing microwave stations licensed under this part. Existing microwave stations (2110-2130 and 2160-2180 MHz) licensed under this part (pursuant to former rules) are subject to the transition rules in § 22.602 . No new microwave systems will be authorized under this part. ( a ) Coordination required. Before filing applications for authority to modify existing stations on these channels or major amendments to such applications, carriers must coordinate the planned channel usage, using the procedure outlined in § 22.150 , with affected parties in this radio service and the Point-to-Point Microwave Service and the Multipoint Distribution Service. Affected parties are licensees and other applicants with previously filed pending applications whose stations could affect or be affected by the proposed modification of the existing station in terms of interference. ( b ) System parameters. In designing a system modification, the applicant must select sites, equipment and channels that will avoid harmful interference to other users. All parties must cooperate fully and make reasonable efforts to resolve technical problems and conflicts that may inhibit the most effective and efficient use of the radio spectrum; however, a party receiving notification is not obligated to suggest changes or re-design a proposal in cases involving conflicts. The applicant must identify in the application all parties with which the technical proposal was coordinated. In the event that technical problems are not resolved or if an affected party does not respond to coordination efforts within 30 days after notification, an explanation must be contained in the application. Where technical conflicts are resolved by an agreement between the parties that requires special procedures to reduce the likelihood of harmful interference (such as the use of artificial site shielding), or would result in a reduction of quality or capacity of either system, the details thereof must be contained in the application. ( c ) Bandwidth. Applicants must request the minimum emission bandwidth necessary. The FCC does not authorize bandwidths larger than 800 kHz under this part. [ 59 FR 59507 , Nov. 17, 1994, as amended at 70 FR 19309 , Apr. 13, 2005] § 22.602 Transition of the 2110-2130 and 2160-2180 MHz channels to emerging technologies. The 2110-2130 and 2160-2180 MHz microwave channels formerly listed in § 22.591 have been re-allocated for use by emerging technologies (ET) services. No new systems will be authorized under this part. The rules in this section provide for a transition period during which existing Paging and Radiotelephone Service (PARS) licensees using these channels may relocate operations to other media or to other fixed channels, including those in other microwave bands. For PARS licensees relocating operations to other microwave bands, authorization must be obtained under part 101 of this chapter . ( a ) Licensees proposing to implement ET services may negotiate with PARS licensees authorized to use these channels, for the purpose of agreeing to terms under which the PARS licensees would— ( 1 ) Relocate their operations to other fixed microwave bands or other media, or alternatively, ( 2 ) Accept a sharing arrangement with the ET licensee that may result in an otherwise impermissible level of interference to the PARS operations. ( b ) [Reserved] ( c ) Relocation of fixed microwave licensees in the 2110-2130 MHz and 2160-2180 MHz bands will be subject to mandatory negotiations only. A separate mandatory negotiation period will commence for each fixed microwave licensee when an ET licensee informs that fixed microwave licensee in writing of its desire to negotiate. Mandatory negotiation periods are defined as follows: ( 1 ) Non-public safety incumbents will have a two-year mandatory negotiation period; and ( 2 ) Public safety incumbents will have a three-year mandatory negotiation period. ( d ) The mandatory negotiation period is triggered at the option of the ET licensee. Once mandatory negotiations have begun, a PARS licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably necessary to facilitate the relocation process. In evaluating claims that a party has not negotiated in good faith, the FCC will consider, inter alia, the following factors: ( 1 ) Whether the ET licensee has made a bona fide offer to relocate the PARS licensee to comparable facilities in accordance with Section 101.75(b) of this chapter ; ( 2 ) If the PARS licensee has demanded a premium, the type of premium requested ( e.g., whether the premium is directly related to relocation, such as system-wide relocations and analog-to-digital conversions, versus other types of premiums), and whether the value of the premium as compared to the cost of providing comparable facilities is disproportionate ( i.e., whether there is a lack of proportion or relation between the two); ( 3 ) What steps the parties have taken to determine the actual cost of relocation to comparable facilities; ( 4 ) Whether either party has withheld information requested by the other party that is necessary to estimate relocation costs or to facilitate the relocation process. Any party alleging a violation of our good faith requirement must attach an independent estimate of the relocation costs in question to any documentation filed with the Commission in support of its claim. An independent cost estimate must include a specification for the comparable facility and a statement of the costs associated with providing that facility to the incumbent licensee. ( e ) Involuntary period. After the end of the mandatory negotiation period, ET licensees may initiate involuntary relocation procedures under the Commission's rules. ET licensees are obligated to pay to relocate only the specific microwave links to which their systems pose an interference problem. Under involuntary relocation, a PARS licensee is required to relocate, provided that: ( 1 ) The ET applicant, provider, licensee or representative guarantees payment of relocation costs, including all engineering, equipment, site and FCC fees, as well as any legitimate and prudent transaction expenses incurred by the PARS licensee that are directly attributable to an involuntary relocation, subject to a cap of two percent of the hard costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. ET licensees are not required to pay PARS licensees for internal resources devoted to the relocation process. ET licensees are not required to pay for transaction costs incurred by PARS licensees during the voluntary or mandatory periods once the involuntary period is initiated or for fees that cannot be legitimately tied to the provision of comparable facilities; ( 2 ) The ET applicant, provider, licensee or representative completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are involved, identifying and obtaining, on the incumbents behalf, new channels and frequency coordination; and, ( 3 ) The ET applicant, provider, licensee or representative builds the replacement system and tests it for comparability with the existing 2 GHz system. ( f ) Comparable Facilities. The replacement system provided to an incumbent during an involuntary relocation must be at least equivalent to the existing PARS system with respect to the following three factors: ( 1 ) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, the ET licensee is required to provide the PARS licensee with an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, the ET licensee must provide the PARS licensee with equivalent data loading bits per second (bps). ET licensees must provide PARS licensees with enough throughput to satisfy the PARS licensee's system use at the time of relocation, not match the total capacity of the PARS system. ( 2 ) Reliability. System reliability is the degree to which information is transferred accurately within a system. ET licensees must provide PARS licensees with reliability equal to the overall reliability of their system. For digital data systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmissions, it is measured by the percent of time that audio signal quality meets an established threshold. If an analog voice system is replaced with a digital voice system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its reliability will be considered in determining comparable reliability. ( 3 ) Operating Costs. Operating costs are the cost to operate and maintain the PARS system. ET licensees must compensate PARS licensees for any increased recurring costs associated with the replacement facilities (e.g. additional rental payments, increased utility fees) for five years after relocation. ET licensees may satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the PARS licensee must be equivalent to the 2 GHz system in order for the replacement system to be considered comparable. ( g ) The PARS licensee is not required to relocate until the alternative facilities are available to it for a reasonable time to make adjustments, determine comparability, and ensure a seamless handoff. ( h ) [Reserved] ( i ) After April 25, 1996, all major modifications and extensions to existing PARS systems operating on channels in the 2110-2130 and 2160-2180 MHz bands will be authorized on a secondary basis to future ET operations. All other modifications will render the modified PARS license secondary to future ET operations unless the incumbent affirmatively justifies primary status and the incumbent PARS licensee establishes that the modification would not add to the relocation costs of ET licensees. Incumbent PARS licensees will maintain primary status for the following technical changes: ( 1 ) Decreases in power; ( 2 ) Minor changes (increases or decreases) in antenna height; ( 3 ) Minor location changes (up to two seconds); ( 4 ) Any data correction which does not involve a change in the location of an existing facility; ( 5 ) Reductions in authorized bandwidth; ( 6 ) Minor changes (increases or decreases) in structure height; ( 7 ) Changes (increases or decreases) in ground elevation that do not affect centerline height; ( 8 ) Minor equipment changes. ( j ) Sunset. PARS licensees will maintain primary status in the 2110-2130 MHz and 2160-2180 MHz bands unless and until an ET licensee requires use of the spectrum. ET licensees are not required to pay relocation costs after the relocation rules sunset ( i.e. , for the 2110-2130 MHz and 2160-2180 MHz bands, ten years after the first ET license is issued in the respective band). Once the relocation rules sunset, an ET licensee may require the incumbent to cease operations, provided that the ET licensee intends to turn on a system within interference range of the incumbent, as determined by TIA TSB 10-F or any standard successor. ET licensee notification to the affected PARS licensee must be in writing and must provide the incumbent with no less than six months to vacate the spectrum. After the six-month notice period has expired, the PARS licensee must turn its license back into the Commission, unless the parties have entered into an agreement which allows the PARS licensee to continue to operate on a mutually agreed upon basis. If the parties cannot agree on a schedule or an alternative arrangement, requests for extension will be accepted and reviewed on a case-by-case basis. The Commission will grant such extensions only if the incumbent can demonstrate that: ( 1 ) It cannot relocate within the six-month period ( e.g. , because no alternative spectrum or other reasonable option is available), and; ( 2 ) The public interest would be harmed if the incumbent is forced to terminate operations ( e.g. , if public safety communications services would be disrupted). ( k ) Reimbursement and relocation expenses in the 2110-2130 MHz and 2160-2180 MHz bands. Whenever an ET licensee in the 2110-2130 MHz and 2160-2180 MHz band relocates a paired PARS link with one path in the 2110-2130 MHz band and the paired path in the 2160-2180 MHz band, the ET license will be entitled to reimbursement pursuant to the procedures described in §§ 27.1160 through 27.1174 of this chapter . [ 61 FR 29689 , June 12, 1996, as amended at 70 FR 19309 , Apr. 13, 2005; 71 FR 29834 , May 24, 2006] § 22.603 488-494 MHz fixed service in Hawaii. Before filing applications for authorization of inter-island control and/or repeater stations, applicants must coordinate the planned channel usage with existing licensees and other applicants with previously filed applications, using the procedure outlined in § 22.150 . Applicants and licensees shall cooperate fully and make reasonable efforts to resolve any channel usage conflicts. In situations where technical solutions to such conflicts cannot be devised, the FCC may select a channel or channels to assign or may designate the application(s) for hearing. To be acceptable for filing, applications and major technical amendments must contain a certification that coordination has been completed and an exhibit listing the name(s) of the licensees and applicants with which the planned channel usage has been coordinated. Point-to-Multipoint Operation § 22.621 Channels for point-to-multipoint operation. The following channels are allocated for assignment to transmitters utilized within point-to-multipoint systems that support transmitters that provide public mobile service. Unless otherwise indicated, all channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. No new licenses will be issued for any 900 MHz frequencies in this section. See part 101, subpart O of this chapter for treatment of incumbents and for new licensing procedures. Incumbents under part 22 are subject to the restrictions of part 101, subpart O of this chapter but may make permissible modifications, transfers, assignments, or renew their licenses using procedures, forms, fees, and filing requirements of part 22. Public Mobile Pool (25 kHz bandwidth) 928.8625 959.8625 928.9375 959.9375 928.8875 959.8875 928.9625 959.9625 928.9125 959.9125 928.9875 959.9875 (12.5 kHz bandwidth) 928.85625 959.85625 928.93125 959.93125 928.86875 959.86875 928.94375 959.94375 928.88125 959.88125 928.95625 959.95625 928.89375 959.89375 928.96875 959.96875 928.90625 959.90625 928.98125 959.98125 928.91875 959.91875 928.99375 959.99375 Private Radio General Access Pool (25 kHz bandwidth) 956.2625 956.3125 956.3625 956.4125 956.2875 956.3375 956.3875 956.4375 928.0125 952.0125 928.1875 952.1875 928.0375 952.0375 928.2125 952.2125 928.0625 952.0625 928.2375 952.2375 928.0875 952.0875 928.2625 952.2625 928.1125 952.1125 928.2875 952.2875 928.1375 952.1375 928.3125 952.3125 928.1625 952.1625 928.3375 952.3375 (12.5 kHz bandwidth) 956.25625 956.30625 956.35625 956.40625 956.26875 956.31875 956.36875 956.41875 956.28125 956.33125 956.38125 956.43125 956.29375 956.34375 956.39375 956.44375 928.00625 952.00625 928.18125 952.18125 928.01875 952.01875 928.19375 952.19375 928.03125 952.03125 928.20625 952.20625 928.04375 952.04375 928.21875 952.21875 928.05625 952.05625 928.23125 952.23125 928.06875 952.06875 928.24375 952.24375 928.08125 952.08125 928.25625 952.25625 928.09375 952.09375 928.26875 952.26875 928.10625 952.10625 928.28125 952.28125 928.11875 952.11875 928.29375 952.29375 928.13125 952.13125 928.30625 952.30625 928.14375 952.14375 928.31875 952.31875 928.15625 952.15625 928.33125 952.33125 928.16875 952.16875 928.34375 952.34375 Private Radio Power Pool (25 kHz bandwidth) 928.3625 952.3625 928.6125 952.6125 928.3875 952.3875 928.6375 952.6375 928.4125 952.4125 928.6625 952.6625 928.4375 952.4375 928.6875 952.6875 928.4625 952.4625 928.7125 952.7125 928.4875 952.4875 928.7375 952.7375 928.5125 952.5125 928.7625 952.7625 928.5375 952.5375 928.7875 952.7875 928.5625 952.5625 928.8125 952.8125 928.5875 952.5875 928.8375 952.8375 (12.5 kHz bandwidth) 928.35625 952.35625 928.60625 952.60625 928.36875 952.36875 928.61875 952.61875 928.38125 952.38125 928.63125 952.63125 928.39375 952.39375 928.64375 952.64375 928.40625 952.40625 928.65625 952.65625 928.41875 952.41875 928.66875 952.66875 928.43125 952.43125 928.68125 952.68125 928.44375 952.44375 928.69375 952.69375 928.45625 952.45625 928.70625 952.70625 928.46875 952.46875 928.71875 952.71875 928.48125 952.48125 928.73125 952.73125 928.49375 952.49375 928.74375 952.74375 928.50625 952.50625 928.75625 952.75625 928.51875 952.51875 928.76875 952.76875 928.53125 952.53125 928.78125 952.78125 928.54375 952.54375 928.79375 952.79375 928.55625 952.55625 928.80625 952.80625 928.56875 952.56875 928.81875 952.81875 928.58125 952.58125 928.83125 952.83125 928.59375 952.59375 928.84375 952.84375 Public, Private, Government Shared Pool (12.5 kHz bandwidth) 932.00625 941.00625 932.25625 941.25625 932.01875 941.01875 932.26875 941.26875 932.03125 941.03125 932.28125 941.28125 932.04375 941.04375 932.29375 941.29375 932.05625 941.05625 932.30625 941.30625 932.06875 941.06875 932.31875 941.31875 932.08125 941.08125 932.33125 941.33125 932.09375 941.09375 932.34375 941.34375 932.10625 941.10625 932.35625 941.35625 932.11875 941.11875 932.36875 941.36875 932.13125 941.13125 932.38125 941.38125 932.14375 941.14375 932.39375 941.39375 932.15625 941.15625 932.40625 941.40625 932.16875 941.16875 932.41875 941.41875 932.18125 941.18125 932.43125 941.43125 932.19375 941.19375 932.44375 941.44375 932.20625 941.20625 932.45625 941.45625 932.21875 941.21875 932.46875 941.46875 932.23125 941.23125 932.48125 941.48125 932.24375 941.24375 932.49375 941.49375 UHF Channels in Specified Urban Areas Boston 470.0125 473.0125 482.0125 485.0125 470.0375 473.0375 482.0375 485.0375 470.0625 473.0625 482.0625 485.0625 470.0875 473.0875 482.0875 485.0875 470.1125 473.1125 482.1125 485.1125 470.1375 473.1375 482.1375 485.1375 470.1625 473.1625 482.1625 485.1625 470.1875 473.1875 482.1875 485.1875 470.2125 473.2125 482.2125 485.2125 470.2375 473.2375 482.2375 485.2375 470.2625 473.2625 482.2625 485.2625 470.2875 473.2875 482.2875 485.2875 Chicago, Cleveland 470.0125 473.0125 476.0125 479.0125 470.0375 473.0375 476.0375 479.0375 470.0625 473.0625 476.0625 479.0625 470.0875 473.0875 476.0875 479.0875 470.1125 473.1125 476.1125 479.1125 470.1375 473.1375 476.1375 479.1375 470.1625 473.1625 476.1625 479.1625 470.1875 473.1875 476.1875 479.1875 470.2125 473.2125 476.2125 479.2125 470.2375 473.2375 476.2375 479.2375 470.2625 473.2625 476.2625 479.2625 470.2875 473.2875 476.2875 479.2875 New York-Northeastern New Jersey 470.0125 470.1625 476.0125 476.1625 470.0375 470.1875 476.0375 476.1875 470.0625 470.2125 476.0625 476.2125 470.0875 470.2375 476.0875 476.2375 470.1125 470.2625 476.1125 476.2625 470.1375 470.2875 476.1375 476.2875 Dallas-Forth Worth 482.0125 482.1625 485.0125 485.1625 482.0375 482.1875 485.0375 485.1875 482.0625 482.2125 485.0625 485.2125 482.0875 482.2375 485.0875 485.2375 482.1125 482.2625 485.1125 485.2625 482.1375 482.2875 485.1375 485.2875 Detroit 476.0125 479.0125 482.0125 485.0125 476.0375 479.0375 482.0375 485.0375 476.0625 479.0625 482.0625 485.0625 476.0875 479.0875 482.0875 485.0875 476.1125 479.1125 482.1125 485.1125 476.1375 479.1375 482.1375 485.1375 476.1625 479.1625 482.1625 485.1625 476.1875 479.1875 482.1875 485.1875 476.2125 479.2125 482.2125 485.2125 476.2375 479.2375 482.2375 485.2375 476.2625 479.2625 482.2625 485.2625 476.2875 479.2875 482.2875 485.2875 Houston 488.1625 491.1625 488.2375 491.2375 488.1875 491.1875 488.2625 491.2625 488.2125 491.2125 488.2875 491.2875 Los Angeles 470.0125 473.0125 506.0625 509.0625 470.0375 473.0375 506.0875 509.0875 506.0125 509.0125 506.1125 509.1125 506.0375 509.0375 Miami 470.0125 470.1625 473.0125 473.1625 470.0375 470.1875 473.0375 473.1875 470.0625 470.2125 473.0625 473.2125 470.0875 470.2375 473.0875 473.2375 470.1125 470.2625 473.1125 473.2625 470.1375 470.2875 473.1375 473.2875 Philadelphia 500.0125 503.0125 506.0125 509.0125 500.0375 503.0375 506.0375 509.0375 500.0625 503.0625 506.0625 509.0625 500.0875 503.0875 506.0875 509.0875 500.1125 503.1125 506.1125 509.1125 500.1375 503.1375 506.1375 509.1375 500.1625 503.1625 506.1625 509.1625 500.1875 503.1875 506.1875 509.1875 500.2125 503.2125 506.2125 509.2125 500.2375 503.2375 506.2375 509.2375 500.2625 503.2625 506.2625 509.2625 500.2875 503.2875 506.2875 509.2875 Pittsburgh 470.0125 470.1625 473.0125 473.1625 470.0375 470.1875 473.0375 473.1875 470.0625 470.2125 473.0625 473.2125 470.0875 470.2375 473.0875 473.2375 470.1125 470.2625 473.1125 473.2625 470.1375 470.2875 473.1375 473.2875 San Francisco 482.0125 485.0125 488.0125 491.0125 482.0375 485.0375 488.0375 491.0375 482.0625 485.0625 488.0625 491.0625 482.0875 485.0875 488.0875 491.0875 482.1125 485.1125 488.1125 491.1125 482.1375 485.1375 488.1375 491.1375 482.1625 485.1625 488.1625 491.1625 482.1875 485.1875 488.1875 491.1875 482.2125 485.2125 488.2125 491.2125 482.2375 485.2375 488.2375 491.2375 482.2625 485.2625 488.2625 491.2625 482.2875 485.2875 488.2875 491.2875 Washington, DC 488.0125 491.0125 494.0125 497.0125 488.0375 491.0375 494.0375 497.0375 488.0625 491.0625 494.0625 497.0625 488.0875 491.0875 494.0875 497.0875 488.1125 491.1125 494.1125 497.1125 488.1375 491.1375 494.1375 497.1375 488.1625 491.1625 494.1625 497.1625 488.1875 491.1875 494.1875 497.1875 488.2125 491.2125 494.2125 497.2125 488.2375 491.2375 494.2375 497.2375 488.2625 491.2625 494.2625 497.2625 488.2875 491.2875 494.2875 497.2875 [ 59 FR 59507 , Nov. 17, 1994; 60 FR 9890 , Feb. 22, 1995, as amended at 61 FR 54099 , Oct. 17, 1996; 65 FR 17448 , Apr. 3, 2000] § 22.623 System configuration. This section requires a minimum configuration for point-to-multipoint systems using the channels listed in § 22.621 . ( a ) 928-960 MHz. The channels may be assigned, individually or paired, only to fixed transmitters in a system that controls at least four public mobile base transmitters that transmit on the same channel. If a 932-933 MHz channel and a 941-942 MHz channel are assigned as a pair, the 941-942 MHz channel must be assigned only to control transmitters; the 932-933 MHz channel may be assigned to control or fixed relay transmitters. ( b ) 470-512 MHz. These channels may be assigned only individually (unpaired), to control transmitters that directly control at least four public mobile base transmitters that transmit on the same channel. Fixed relay transmitters are not authorized. ( c ) Selection and assignment. The FCC selects and assigns a channel when granting applications for authorization to operate a new station to transmit in the 470-512, 932-933 and 941-942 MHz frequency ranges. Applicants having a preference may request the assignment of a specific channel or channel pair, but the FCC may in some cases be unable to satisfy such requests. § 22.625 Transmitter locations. This section governs where point-to-multipoint transmitters on the channels listed in § 22.621 may be located. ( a ) 928-960 MHz. In this frequency range, the required minimum distance separation between co-channel fixed transmitters is 113 kilometers (70 miles). ( b ) 470-512 MHz. The purpose of the rule in paragraph (b)(1) of this section is to define the areas in which the 470-512 MHz channels are allocated for public mobile use. The purpose of the rules in paragraphs (b)(2) and (b)(3) of this section is to reduce the likelihood that interference to television reception from public mobile operations on these channels will occur. ( 1 ) Control transmitter locations. Control transmitter locations must be within 80 kilometers (50 miles) of the designated locations in this paragraph. Urban area N. latitude W. longitude Boston, MA 42°21′24.4″ 71°03′22.2″ Chicago, IL 41°52′28.1″ 87°38′22.2″ Cleveland, OH 41°29′51.2″ 81°41′49.5″ Dallas, TX 32°47′09.5″ 96°47′38.0″ Detroit, MI 42°19′48.1″ 83°02′56.7″ Houston, TX 29°45′26.8″ 95°21′37.8″ Los Angeles, CA 34°03′15.0″ 18°14′31.3″ Miami, FL 25°46′38.6″ 80°11′31.2″ New York, NY 40°45′6.4″ 73°59′37.5″ Philadelphia, PA 39°56′58.4″ 75°09′19.6″ Pittsburgh, PA 40°26′19.2″ 79°59′59.2″ San Francisco-Oakland, CA 37°46′38.7″ 122°24′43.9″ Washington, DC 38°53′51.4″ 77°00′31.9″ Note: Coordinates are referenced to North American Datum 1983 (NAD 83). ( 2 ) Protection from intermodulation interference. Control transmitter locations must be at least 1.6 kilometers (1 mile) from the main transmitter locations of all TV stations transmitting on TV channels separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV channel containing the frequencies on which the control station will transmit. This requirement is intended to reduce the likelihood of intermodulation interference. ( 3 ) Co-channel protection from control transmitters with high antennas. This paragraph applies only to control transmitters that utilize an antenna height of more than 152 meters (500 feet) above average terrain. The distance between the location of such a control transmitter and the applicable protected TV station location specified in this paragraph must equal or exceed the sum of the distance from the control transmitter location to the radio horizon in the direction of the specified location and 89 kilometers (55 miles—representing the distance from the main transmitter location of the TV station to its Grade B contour in the direction of the control transmitter). The protected TV station locations in this paragraph are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated. ( i ) The protected TV station locations are as follows: Control transmitter frequency range Protected TV station location 470-476 MHz Washington, DC 38°57′17″ 77°00′17″ 476-482 MHz Lancaster, PA 40°15′45″ 76°27′49″ ( ii ) The distance to the radio horizon is calculated using the following formula: where d is the distance to the radio horizon in kilometers h is the height of the antenna center of radiation above ground level in meters [ 59 FR 59507 , Nov. 17, 1994, as amended at 63 FR 68946 , Dec. 14, 1998, 70 FR 19309 , Apr. 13, 2005] § 22.627 Effective radiated power limits. The effective radiated power (ERP) of transmitters operating on the channels listed in § 22.621 must not exceed the limits in this section. ( a ) Maximum ERP. The ERP must not exceed the applicable limits in this paragraph under any circumstances. Frequency range (MHz) Maximum ERP (watts) 470-512 1000 928-929 50 932-933 30 941-942 600 952-960 150 ( b ) 470-512 MHz limits. The purpose of the rules in paragraphs (b)(1) through (b)(3) of this section is to reduce the likelihood that interference to television receiption from public mobile operations on these channels will occur. The protected TV station locations specified in this section are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated. ( 1 ) Co-channel protection. The ERP of control transmitters must not exceed the limits in the tables in paragraphs (b)(1)(ii) and (b)(1)(iii) of this section. The limits depend upon the height above average terrain of the control transmitter antenna and the distance between the control transmitter and the nearest protected TV station location in paragraph (b)(1)(i) of this section. ( i ) The protected TV station locations are as follows (all coordinates are referenced to North American Datum 1983 (NAD83)): Control transmitter frequency range Protected TV station location 470-476 MHz Jacksonville, IL, 39°45′52.2″ N. Lat. 90°30′29.5″ W. Long. Mt. Pleasant, MI, 43°34′24.1″ N. Lat. 84°46′21.1″ W. Long. 476-482 MHz 482-488 MHz 488-494 MHz 494-500 MHz 500-506 MHz 506-512 MHz Oxford, OH, 39°30′26.2″ N. Lat. 84°44′8.8″ W. Long. Washington, DC, 38°57′17.4″ N. Lat. 77°00′15.9″ W. Long. Champaign, IL, 40°04′11.1″ N. Lat. 87°54′45.1″ W. Long. Madison, WI, 43°03′01.0″ N. Lat. 89°29′15.4″ W. Long. Parkersburg, WV, 39°20′50.3″ N. Lat. 81°33′55.5″ W. Long. Fort Wayne, IN, 41°05′35.2″ N. Lat. 85°10′41.9″ W. Long. Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. South Bend, IN, 41°36′26.2″ N. Lat. 86°27′48.1″ W. Long. Philadelphia, PA, 40°02′30.4″ N. Lat. 75°14′22.6″ W. Long. None. Johnstown, PA, 40°19′47.3″ N. Lat. 78°53′44.1″ W. Long. Washington, DC, 38°57′49.4″ N. Lat. 77°06′16.9″ W. Long. Waterbury, CT, 41°31′2.3″ N. Lat. 73°00′58.4″ W. Long. ( ii ) Table E-3 and E-4 apply to control transmitters in the New York-Northeastern New Jersey and Cleveland urban areas that transmit on channels in the 476-482 MHz range and to control transmitters in the Detroit urban area that transmit on channels in the 482-488 MHz range. ( iii ) Tables E-5 and E-6 apply to all control transmitters except those to which Tables E-3 and E-4 apply. ( 2 ) Adjacent channel protection. The ERP of control transmitters must not exceed the limits in Table E-7. The limits depend upon the height above average terrain of the control transmitter antenna and the distance between the control transmitter and the nearest protected TV station location listed in this paragraph. The protected TV station locations are as follows (all coordinates are referenced to North American Datum 1983 (NAD83)): Control transmitter frequency range Protected TV station location TV channel 470-476 MHz Hanover, NH, 43°42′30.3″ N. Lat. 72°09′14.3″ W. Long. (15) Madison, WI, 43°03′01.0″ N. Lat. 89°29′15.4″ W. Long. (15) Champaign, IL, 40°04′11.1″ N. Lat. 87°54′45.1″ W. Long. (15) San Diego, CA, 32°41′48.2″ N. Lat. 116°56′13.1″ W. Long. (15) Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. (15) Parkersburg, WV, 39°20′50.3″ N. Lat. 81°33′55.5″ W. Long. (15) 476-482 MHz South Bend, IN, 41°36′26.2″ N. Lat. 86°27′48.1″ W. Long. (16) Pittsburgh, PA, 40°26′46.2″ N. Lat. 79°57′50.2″ W. Long. (16) Mt. Pleasant, MI, 43°34′24.1″ N. Lat. 84°46′21.1″ W. Long. (14) Scranton, PA, 41°10′58.3″ N. Lat. 75°52′19.7″ W. Long. (16) 482-488 MHz Hanover, NH, 43°42′30.3″ N. Lat. 72°09′14.3″ W. Long. (15) Fort Wayne, IN, 41°05′35.2″ N. Lat. 85°10′41.9″ W. Long. (15) 488-494 MHz Salisbury, MD, 38°24′15.4″ N. Lat. 75°34′43.7″ W. Long. (16) 494-500 MHz Philadelphia, PA, 40°02′30.4″ N. Lat. 75°14′22.6″ W. Long. (17) 500-506 MHz Washington, DC, 38°57′17.4″ N. Lat. 77°00′15.9″ W. Long. (20) 506-512 MHz Harrisburg, PA, 40°20′44.3″ N. Lat. 76°52′07.9″ W. Long. (21) ( c ) Los Angeles area. This paragraph applies only to control transmitters in the Los Angeles urban area that utilize an antenna height of 457 or more meters (1500 or more feet) above mean sea level. The ERP of such transmitters must not exceed the following limits: Antenna height ERP AMSL in meters (feet) (Watts) 457 (1500) to 610 (2000) 155 611 (2001) to 762 (2500) 100 763 (2501) to 914 (3000) 70 915 (3001) to 1067 (3500) 50 1068 (3501) to 1219 (4000) 40 1220 (4001) to 1372 (4500) 30 1373 (4501) and above 25 Table E-3—Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less) Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 15 (50) 30 (100) 46 (150) 61 (200) 76 (250) 91 (300) 107 (350) 122 (400) 137 (450) 152 (500) 209 (130) 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 201 (125) 1000 1000 1000 1000 1000 1000 1000 850 750 725 193 (120) 1000 1000 1000 1000 900 750 675 600 550 500 185 (115) 1000 1000 800 725 600 525 475 425 375 350 177 (110) 850 700 600 500 425 375 325 300 275 225 169 (105) 600 475 400 325 275 250 225 200 175 150 161 (100) 400 325 275 225 175 150 140 125 110 100 153 (95) 275 225 175 125 110 95 80 70 60 50 145 (90) 175 125 100 75 50 See § 22.627(b)(1)(ii) . This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance. Table E-4—Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152 Meters) Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 152 (500) 305 (1000) 457 (1500) 610 (2000) 762 (2500) 914 (3000) 209 (130) 1000 447 219 117 71 46 193 (120) 500 209 95 50 30 19 177 (110) 225 91 35 19 11 8 161 (100) 100 30 10 5 3 2 153 (95) 50 13 5 3 2 1 See § 22.627(b)(1)(ii) . This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP. Table E-5—Maximum ERP (Watts) for Control Transmitters (HAAT 152 Meters or Less) Distance to protected TV station in kilometers (miles) Antenna Height Above Average Terrain in meters (feet) 15 (50) 30 (100) 46 (150) 61 (200) 76 (250) 91 (300) 107 (350) 122 (400) 137 (450) 152 (500) 261 (162) 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 257 (160) 1000 1000 1000 1000 1000 1000 1000 1000 1000 800 249 (155) 1000 1000 1000 1000 1000 875 775 700 625 575 241 (150) 1000 1000 950 775 725 625 550 500 450 400 233 (145) 850 750 650 575 500 440 400 350 320 300 225 (140) 600 575 465 400 350 300 275 250 230 225 217 (135) 450 400 335 300 255 240 200 185 165 150 209 (130) 350 300 245 200 185 160 145 125 120 100 201 (125) 225 200 170 150 125 110 100 90 80 75 193 (120) 175 150 125 105 90 80 70 60 55 50 See § 22.627(b)(1)(iii) . This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance. Table E-6—Maximum ERP (Watts) for Control Transmitters (HAAT More Than 152 Meters) Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 152 (500) 305 (1000) 457 (1500) 610 (2000) 762 (2500) 914 (3000) 261 (162) 1000 501 282 170 110 71 241 (150) 400 209 110 60 36 23 225 (140) 225 102 50 28 16 10 209 (130) 100 48 21 11 7 5 193 (120) 50 19 9 5 3 2 See § 22.627(b)(1)(iii) . This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP. Table E-7—Maximum ERP (Watts) for Control Transmitters Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 30 (100) 46 (150) 61 (200) 76 (250) 91 (300) 107 (350) 122 (400) 137 (450) 152 (500) 108 (67) 1000 1000 1000 1000 1000 1000 1000 1000 1000 106 (66) 1000 1000 1000 1000 1000 1000 1000 1000 750 105 (65) 1000 1000 1000 1000 1000 1000 825 650 600 103 (64) 1000 1000 1000 1000 1000 775 625 500 400 101 (63) 1000 1000 1000 1000 440 400 350 320 300 100 (62) 1000 1000 1000 525 375 250 200 150 125 98 (61) 1000 700 450 250 200 125 100 75 50 97 (60) 1000 425 225 125 100 75 50 See § 22.627(b)(2) . This table applies to control transmitters in the Boston, Chicago, Cleveland, Detroit, Los Angeles, New York-Northeastern New Jersey, Philadelphia, Pittsburgh and Washington, DC urban areas. This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance. [ 59 FR 59507 , Nov. 17, 1994; 60 FR 9890 , Feb. 22, 1995, as amended at 63 FR 68946 , Dec. 14, 1998] 470-512 MHz Trunked Mobile Operation § 22.651 470-512 MHz channels for trunked mobile operation. The following channels are allocated for assignment to transmitters providing trunked public mobile service within the specified urban areas. All channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. Houston 488.0125 491.0125 488.0875 491.0875 488.0375 491.0375 488.1125 491.1125 488.0625 491.0625 488.1375 491.1375 New York-Northern New Jersey 473.0125 479.0125 473.1625 479.1625 473.0375 479.0375 473.1875 479.1875 473.0625 479.0625 473.2125 479.2125 473.0875 479.0875 473.2375 479.2375 473.1125 479.1125 473.2625 479.2625 473.1375 479.1375 473.2875 479.2875 [ 59 FR 59507 , Nov. 17, 1994; 60 FR 9891 , Feb. 22, 1995] § 22.653 Eligibility. Only licensees already authorized to provide trunked mobile service or their successors in interest are eligible to apply for additional use of these channels for trunked mobile service, and then only in the urban areas already authorized. § 22.657 Transmitter locations. The purpose of the rules in paragraphs (a) and (b) of this section is to define the areas in which the 470-512 MHz channels are allocated for public mobile use. The purpose of the rules in paragraphs (c) through (f) of this section is to reduce the likelihood that interference to television reception from public mobile operations on these channels will occur. The protected TV station locations specified in paragraphs (d) , (e)(1) and (f) of this section are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated. ( a ) Base transmitter locations. Base transmitter locations must be within 80 kilometers (50 miles) of the designated locations in this paragraph. Mobile transmitters must not be operated at locations more than 129 kilometers (80 miles) from the designated locations in this paragraph. Note: All coordinates are referenced to North American Datum 1983 (NAD83). Urban area N. latitude W. longitude Houston, TX 29°45′26.8″ 95°21′37.8″ New York, NY-NE NJ 40°45′06.4″ 73°59′37.5″ ( b ) Mobile area of operation. Mobile transmitters must not be operated at locations more than 48 kilometers (30 miles) from all associated base stations. ( c ) Protection from intermodulation interference. Base transmitter locations must be at least 1.6 kilometers (1 mile) from the current main transmitter locations of all TV stations transmitting on TV channels separated by 2, 3, 4, 5, 7, or 8 TV channels from the TV channel containing the frequencies on which the base station will transmit. This requirement is intended to reduce the likelihood of intermodulation interference. ( d ) Adjacent channel protection from mobile transmitters. Base transmitter locations must be at least 145 kilometers (90 miles) from the applicable protected TV station locations specified in this paragraph. This requirement is intended to provide a 0 dB minimum desired to undesired signal strength ratio at the Grade B contour of an adjacent channel TV station. Note: All coordinates are referenced to North American Datum 1983 (NAD83). Control transmitter frequency range Protected TV station location TV channel 470-476 MHz Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. (15) 476-482 MHz Scranton, PA, 41°10′58.3″ N. Lat. 75°52′19.7″ W. Long. (16) ( e ) Co-channel protection from mobile transmitters. Base transmitter locations must be at least the distance specified in paragraph (e)(2) of this section from the applicable protected TV station locations specified in paragraph (e)(1) of this section. This requirement is intended to provide a 40 dB minimum desired to undesired signal strength ratio at the Grade B contour of a co-channel TV station. ( 1 ) The protected TV station locations are as follows (all coordinates are referenced to North American Datum 1983 (NAD83)): Control transmitter frequency range Protected TV station location 470-476 MHz Washington, DC, 38°57′17.4″ N. Lat. 77°00′15.9″ W. Long. 476-482 MHz Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. ( 2 ) The required minimum distance depends upon the effective radiated power (ERP) of the most powerful mobile transmitter(s) in the system: Mobile unit ERP (watts) Minimum distance Kilometers Miles 60 193 (120) 50 185 (115) 25 177 (110) 10 169 (105) 5 161 (100) ( f ) Co-channel protection from base transmitters with high antennas. This paragraph applies only to base transmitter locations in the New York-Northeastern New Jersey urban area that utilize an antenna height of more than 152 meters (500 feet) above average terrain. The distance between the location of such a base transmitter and the applicable protected TV station location specified in this paragraph must equal or exceed the sum of the distance from the base transmitter location to the radio horizon in the direction of the specified location and 89 kilometers (55 miles—representing the distance from the main transmitter location of the TV station to its Grade B contour in the direction of the base transmitter). The distance to the radio horizon is calculated as follows: Where d is the distance to the radio horizon in kilometers h is the height of the antenna center of radiation above ground level in meters Note: All coordinates are referenced to North American Datum 1983 (NAD83)): Control transmitter frequency range Protected TV station location 470-476 MHz Washington, DC, 38°57′17.4″ N. Lat. 77°00′15.9″ W. Long. 476-482 MHz Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. ( g ) The FCC may waive specific distance separation requirements of paragraphs (d) through (f) of this section if the applicant submits an engineering analysis which demonstrates that terrain effects and/or operation with less effective radiated power would satisfy the applicable minimum desired to undesired signal strength ratios at the Grade B contours of the protected TV stations. For this purpose, the Grade B contour of a TV station is deemed to be a circle with a 89 kilometer (55 mile) radius, centered on the protected TV station location, and along which the median TV signal field strength is 64 dBµV/m. In any showing intended to demonstrate compliance with the minimum desired to undesired signal ratio requirements of this section, all predicted field strengths must have been determined using the UHF TV propagation curves contained in part 73 of this chapter . [ 59 FR 59507 , Nov. 17, 1994, as amended at 63 FR 68947 , Dec. 14, 1998] § 22.659 Effective radiated power limits. The purpose of the rules in this section, which limit effective radiated power (ERP), is to reduce the likelihood that interference to television reception from public mobile operations on these channels will occur. The protected TV station locations specified in this section are the locations of record as of September 1974, and these do not change even though the TV stations may have been subsequently relocated. ( a ) Maximum ERP. The ERP of base transmitters must not exceed 100 Watts under any circumstances. The ERP of mobile transmitters must not exceed 60 Watts under any circumstances. ( b ) Co-channel protection from base transmitters. The ERP of base transmitters in the New York-Northeastern New Jersey urban area must not exceed the limits in the tables referenced in paragraphs (b)(2) and (b)(3) of this section. The limits depend upon the height above average terrain of the base transmitter antenna and the distance between the base transmitter and the nearest protected TV station location in paragraph (b)(1) of this section. ( 1 ) The protected TV station locations are as follows (all coordinates are referenced to North American Datum 1983 (NAD83)): Control transmitter frequency range Protected TV station location 470-476 MHz Washington, DC, 38°57′17.4″ N. Lat. 77°00′15.9″ W. Long. 476-482 MHz Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long. ( 2 ) Tables E-8 and E-9 of this section apply to base transmitters in the New York-Northeastern New Jersey urban area that transmit on channels in the 476-482 MHz range. ( 3 ) Tables E-10 and E-11 of this section apply to base transmitters in the New York-Northeastern New Jersey urban area that transmit on channels in the 470-476 MHz range. ( c ) Adjacent channel protection from base transmitters. The ERP of base transmitters must not exceed the limits in Table E-12 of this section. The limits depend upon the height above average terrain of the base transmitter antenna and the distance between the base transmitter and the nearest protected TV station location specified in paragraph (c)(1) of this section. ( 1 ) The protected TV station locations are as follows (all coordinates are referenced to North American Datum 1983 (NAD83)): Control transmitter frequency range Protected TV station location TV channel 470-476 MHz Hanover, NH, 43°42′30.3″ N. Lat. 72°09′14.3″ W. Long (15) 476-482 MHz 482-488 MHz Lancaster, PA, 40°15′45.3″ N. Lat. 76°27′47.9″ W. Long (15) Scranton, PA, 41°10′58.3″ N. Lat. 75°52′19.7″ W. Long (16) Hanover, NH, 43°42′30.3″ N. Lat. 72°09′14.3″ W. Long (15) Note: Coordinates are referenced to North American Datum 1983 (NAD83). ( 2 ) Table E-12 of this section applies to base transmitters in the New York-Northeastern New Jersey urban area. Table E-8—Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less) Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 15 (50) 30 (100) 46 (150) 61 (200) 76 (250) 91 (300) 107 (350) 122 (400) 137 (450) 152 (500) 209 (130) 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 201 (125) 1000 1000 1000 1000 1000 1000 1000 850 750 725 193 (120) 1000 1000 1000 1000 900 750 675 600 550 500 185 (115) 1000 1000 800 725 600 525 475 425 375 350 177 (110) 850 700 600 500 425 375 325 300 275 225 169 (105) 600 475 400 325 275 250 225 200 175 150 161 (100) 400 325 275 225 175 150 140 125 110 100 153 (95) 275 225 175 125 110 95 80 70 60 50 145 (90) 175 125 100 75 50 See § 22.659(b)(2) . This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance. Table E-9—Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters) Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 152 (500) 305 (1000) 457 (1500) 610 (2000) 762 (2500) 914 (3000) 209 (130) 1000 447 219 117 71 46 193 (120) 500 209 95 50 30 19 177 (110) 225 91 35 19 11 8 161 (100) 100 30 10 5 3 2 153 (95) 50 13 5 3 2 1 See § 22.659(b)(2) . This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP. Table E-10—Maximum ERP (Watts) for Base Transmitters (HAAT 152 Meters or Less) Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 15 (50) 30 (100) 46 (150) 61 (200) 76 (250) 91 (300) 107 (350) 122 (400) 137 (450) 152 (500) 261 (162) 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 257 (160) 1000 1000 1000 1000 1000 1000 1000 1000 1000 800 249 (155) 1000 1000 1000 1000 1000 875 775 700 625 575 241 (150) 1000 1000 950 775 725 625 550 500 450 400 233 (145) 850 750 650 575 500 440 400 350 320 300 225 (140) 600 575 465 400 350 300 275 250 230 225 217 (135) 450 400 335 300 255 240 200 185 165 150 209 (130) 350 300 245 200 185 160 145 125 120 100 201 (125) 225 200 170 150 125 110 100 90 80 75 193 (120) 175 150 125 105 90 80 70 60 55 50 See § 22.659(b)(3) . This table applies for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance. Table E-11—Maximum ERP (Watts) for Base Transmitters (HAAT More Than 152 Meters) Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 152 (500) 305 (1000) 457 (1500) 610 (2000) 762 (2500) 914 (3000) 261 (162) 1000 501 282 170 110 71 241 (150) 400 209 110 60 36 23 225 (140) 225 102 50 28 16 10 209 (130) 100 48 21 11 7 5 193 (120) 50 19 9 5 3 2 See § 22.659(b)(3) . This table is for antenna heights of more than 152 meters (500 feet) above average terrain. For intermediate values of height and/or distance, use linear interpolation to obtain the maximum permitted ERP. Table E-12—Maximum ERP (Watts) for Base Transmitters Distance to protected TV station in kilometers (miles) Antenna height above average terrain in meters (feet) 30 (100) 46 (150) 61 (200) 76 (250) 91 (300) 107 (350) 122 (400) 137 (450) 152 (500) 108 (67) 1000 1000 1000 1000 1000 1000 1000 1000 1000 106 (66) 1000 1000 1000 1000 1000 1000 1000 1000 750 105 (65) 1000 1000 1000 1000 1000 1000 825 650 600 103 (64) 1000 1000 1000 1000 1000 775 625 500 400 101 (63) 1000 1000 1000 1000 440 400 350 320 300 100 (62) 1000 1000 1000 525 375 250 200 150 125 98 (61) 1000 700 450 250 200 125 100 75 50 97 (60) 1000 425 225 125 100 75 50 See § 22.659(c)(2) . This table applies to base transmitters in the New York-Northeastern New Jersey urban areas. This table is for antenna heights of 152 meters (500 feet) or less above average terrain. For antenna heights between those in the table, use the next higher antenna height. For distances between those in the table, use the next lower distance. [ 59 FR 59507 , Nov. 17, 1994, as amended at 63 FR 68947 , Dec. 14, 1998] Subpart F—Rural Radiotelephone Service § 22.701 Scope. The rules in this subpart govern the licensing and operation of stations and systems in the Rural Radiotelephone Service. The licensing and operation of these stations and systems is also subject to rules elsewhere in this part that apply generally to the Public Mobile Services. In case of conflict, however, the rules in this subpart govern. § 22.702 Eligibility. Existing and proposed communications common carriers are eligible to hold authorizations to operate conventional central office, interoffice and rural stations in the Rural Radiotelephone Service. Subscribers are also eligible to hold authorizations to operate rural subscriber stations in the Rural Radiotelephone Service. [ 69 FR 75170 , Dec. 15, 2004] § 22.703 Separate rural subscriber station authorization not required. A separate authorization is not required for rural subscriber stations for which the effective radiated power does not exceed 60 Watts and for which FAA notification of construction or alteration of the antenna structure is not required (see criteria in § 17.7 of this chapter ). Authority to operate such rural subscriber stations is conferred by the authorization of the central office or base station from which they receive service. § 22.705 Rural radiotelephone system configuration. Stations in the Rural Radiotelephone Service are authorized to communicate as follows: ( a ) Rural subscriber stations are authorized to communicate with and through the central office station(s) with which they are associated. However, where the establishment of a central office station in this service is not feasible, rural subscriber stations may be authorized to communicate with and through a base station in the Paging and Radiotelephone Service. ( b ) Central office stations may communicate only with rural subscriber stations. ( c ) Interoffice stations may communicate only with other interoffice stations. § 22.709 Rural radiotelephone service application requirements. In addition to information required by Subparts B and D of this part , FCC Form 601 applications for authorization to operate a station in the Rural Radiotelephone Service must contain the applicable supplementary information described in this section. ( a ) Interoffice stations. Applications for authority to operate a new interoffice station or to add transmitters or points of communications to an existing interoffice station must contain an exhibit demonstrating that the requested facilities would be used only for interconnecting central office stations and explaining why the use of alternative existing radio or wire facilities is not feasible. ( b ) Technical information required. For each transmitter in the Rural Radiotelephone Service, the following information is required by FCC Form 601: ( 1 ) Location description: city; county; state; geographic coordinates correct to ±1 second, the datum used (NAD83), site elevation above mean sea level, proximity to adjacent market boundaries and international borders; ( 2 ) Antenna height to tip above ground level, the height of the center of radiation of the antenna above the average terrain, the height of the antenna center of radiation above the average elevation of the terrain along each of the 8 cardinal radials, antenna gain in the maximum lobe, the beamwidth of the maximum lobe of the antenna, a polar plot of the horizontal gain pattern of the antenna, the electric field polarization of the wave emitted by the antenna when installed as proposed; ( 3 ) The center frequency of each channel requested, the maximum effective radiated power, the effective radiated power in each of the cardinal radial directions, any non-standard emission types to be used, including bandwidth and modulation type, the transmitter classification (e.g. central office), and the locations and call signs, if any, of any fixed points of communication. ( c ) No landline facilities. Each application for a central office station must contain an exhibit showing that it is impracticable to provide the required communication service by means of landline facilities. ( d ) Interference exhibit. Applications for central office, interoffice and relay stations must include an exhibit identifying co-channel facilities and demonstrating, in accordance with § 22.715 that the proposed station, if authorized, would not cause interference to the service of those co-channel facilities. This exhibit must: ( 1 ) For UHF channels, identify each protected transmitter located within 108 kilometers (67 miles) of the proposed transmitter in directions in which the distance to the interfering contour is 76.4 kilometers (47.5 miles) or less, and within 178 kilometers (111 miles) of the proposed transmitter in directions in which the distance to the interfering contour exceeds 76.4 kilometers (47.5 miles); and identify each protected Basic Exchange Telephone Radio System central office transmitter in the rural Radiotelephone Service within 231 kilometers (144 miles). ( 2 ) For VHF channels, identify each protected transmitter located within 135 kilometers (84 miles) of the proposed transmitter in directions in which the distance to the interfering contour is 93.3 kilometers (58 miles) or less, and within 178 kilometers (111 miles) of the proposed transmitter in directions in which the distance to the interfering contour exceeds 93.3 kilometers (58 miles). ( 3 ) For each protected transmitter identified, show the results of distance calculations indicating that there would be no overlap of service and interfering contours, or alternatively, indicate that the licensee of or applicant for the protected transmitter and/or the applicant, as required, have agreed in writing to accept any interference resulting from operation of the proposed transmitter. ( e ) Blocking probability. Applications for authority to operate basic exchange telephone radio systems (BETRS) that request more than two channel pairs must include an exhibit containing calculations showing that the number of channels requested is the minimum necessary to achieve the required grade of service (in terms of blocking probability), and that there will be adequate spectrum available in the area to meet realistic estimates of current and future demand for paging, two-way mobile and rural radiotelephone services (see § 22.719(c) ). Applications for authority to operate new conventional rural radiotelephone systems that request more than two channel pairs must include a statement explaining why BETRS technology is not being proposed. ( f ) Antenna Information. Upon request by an applicant, licensee, or the Commission, a part 22 applicant or licensee of whom the request is made shall furnish the antenna type, model, and the name of the antenna manufacturer to the requesting party within ten (10) days of receiving written notification. [ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59954 , Nov. 21, 1994; 63 FR 68948 , Dec. 14, 1998; 64 FR 53240 , Oct. 1, 1999] § 22.711 Provision of information to applicants. Licensees in the Rural Radio Service must, upon request by a bona-fide prospective applicant, provide to such applicant the information required by § 22.709 regarding the portion of the licensee's operations that potentially could affect, or be affected by, the prospective applicant's proposed station, if such information is not already on file with the FCC. This information must be provided to the bona-fide prospective applicant no later than 30 days after receipt of the information request. [ 59 FR 59954 , Nov. 21, 1994] § 22.713 Construction period for rural radiotelephone stations. The construction period for stations in the Rural Radiotelephone Service is 12 months. § 22.715 Technical channel assignment criteria for rural radiotelephone stations. Channels are assigned in the Rural Radiotelephone Service using the procedures in § 22.567 . § 22.717 Procedure for mutually exclusive applications in the Rural Radiotelephone Service. Mutually exclusive applications in the Rural Radiotelephone Service, including those that are mutually exclusive with applications in the Paging and Radiotelephone Service, are processed in accordance with § 22.131 and with this section. ( a ) Applications in the Rural Radiotelephone Service may be mutually exclusive with applications in the Paging and Radiotelephone Service if they seek authorization to operate facilities on the same channel in the same area, or the technical proposals are otherwise in conflict. See § 22.567 . ( b ) A modification application in either service filed on the earliest filing date may cause all later-filed mutually exclusive applications of any type in either service to be “cut off” (excluded from a same-day filing group) and dismissed, pursuant to § 22.131(c)(3)(ii) and § 22.131(c)(4) . [ 59 FR 59956 , Nov. 21, 1994, as amended at 62 FR 11636 , Mar. 12, 1997] § 22.719 Additional channel policy for rural radiotelephone stations. The rules in this section govern the processing of applications for central office stations that request a rural radiotelephone channel pair when the applicant has applied for or been granted an authorization for other rural radiotelephone channel pairs in the same area. The general policy of the FCC is to promote effective use of the spectrum by encouraging the use of spectrum-efficient technologies (i.e. BETRS) and by assigning the minimum number of channels necessary to provide service. ( a ) Transmitters in same area. Any central office station transmitter on any channel pair listed in § 22.725 is considered to be in the same area as another central office station transmitter on any other channel pair listed in § 22.725 if the transmitting antennas are located within 10 kilometers (6.2 miles) of each other. ( b ) Initial channel pairs. The FCC does not assign more than two channel pairs for new central office stations, unless there are more than eight rural subscriber stations to be served. Stations are considered to be new if there are no authorized transmitters on any channel listed in § 22.725 controlled by the applicant in the same geographic area. ( c ) Additional channel pairs. Applications for central office station transmitters to be located in the same area as an authorized central office station controlled by the applicant, but to operate on a different channel pair(s) are considered as requests for additional channel pair(s) for the authorized central office station. The FCC may grant applications for additional channel pairs provided that the need for each additional channel pair (after the first two) is established and fully justified in terms of achieving the required grade of service (blocking probability), and the applicant demonstrates that there will still be adequate spectrum available in the area to meet realistic estimates of current and future demand for paging, two-way mobile and rural radiotelephone services. In the case of conventional rural radiotelephone central office stations, an explanation must be provided as to why BETRS technology is not being used instead of additional channel pairs. Conventional Rural Radiotelephone Stations § 22.721 Geographic area authorizations. Eligible persons may apply for a paging geographic area authorization in the Rural Radiotelephone Service, on the channel pairs listed in § 22.725 , by following the procedures and requirements set forth in § 22.503 for paging geographic area authorizations. [ 62 FR 11636 , Mar. 12, 1997] § 22.723 Secondary site-by-site authorizations. Authorizations for new facilities (including new sites and additional channel pairs for existing sites) in the Rural Radiotelephone Service (including BETRS facilities) may be granted after May 12, 1997 only on the condition that such authorizations shall be secondary to any existing or future co-channel paging geographic area authorization in the Paging and Radiotelephone Service or the Rural Radiotelephone Service. If the paging geographic area licensee notifies the Rural Radiotelephone Service licensee that operation of a co-channel secondary facility must be discontinued because it may cause interference to existing or planned facilities, the Rural Radiotelephone Service licensee must discontinue operation of that facility on the particular channel pair involved no later than six months after such notice. [ 62 FR 11636 , Mar. 12, 1997] § 22.725 Channels for conventional rural radiotelephone stations and basic exchange telephone radio systems. The following channels are allocated for paired assignment to transmitters that provide conventional rural radiotelephone service and to transmitters in basic exchange telephone radio systems. These channels may be assigned for use by central office or rural subscriber stations as indicated, and interoffice stations. These channels may be assigned also for use by relay stations in systems where it would be impractical to provide rural radiotelephone service without the use of relay stations. All channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. Central office Rural subscriber Central office Rural subscriber VHF Channels 152.03 158.49 152.57 157.83 152.06 158.52 152.60 157.86 152.09 158.55 152.63 157.89 152.12 158.58 152.66 157.92 152.15 158.61 152.69 157.95 152.18 158.64 152.72 157.98 152.21 158.67 152.75 158.01 152.51 157.77 152.78 158.04 152.54 157.80 152.81 158.07 UHF Channels 454.025 459.025 454.350 459.350 454.050 459.050 454.375 459.375 454.075 459.075 454.400 459.400 454.100 459.100 454.425 459.425 454.125 459.125 454.450 459.450 454.150 459.150 454.475 459.475 454.175 459.175 454.500 459.500 454.200 459.200 454.525 459.525 454.225 459.225 454.550 459.550 454.250 459.250 454.575 459.575 454.275 459.275 454.600 459.600 454.300 459.300 454.625 459.625 454.325 459.325 454.650 459.650 ( a ) The channels listed in this section are also allocated for assignment in the Paging and Radiotelephone Service. ( b ) In Puerto Rico and the Virgin Islands, channels in the 154.04-154.46 MHz and 161.40-161.85 MHz frequency ranges may be assigned to transmitters providing rural radiotelephone service; channels in these ranges are also allocated for assignment in the International Fixed Public and Aeronautical Fixed radio services. [ 59 FR 59507 , Nov. 17, 1994; 60 FR 9891 , Feb. 22, 1995, as amended at 70 FR 19309 , Apr. 13, 2005] § 22.727 Power limits for conventional rural radiotelephone transmitters. The transmitting power of transmitters operating on the channels listed in § 22.725 must not exceed the limits in this section. ( a ) Maximum ERP. The effective radiated power (ERP) of central office and rural subscriber station transmitters must not exceed the applicable limits in this paragraph under any circumstances. Frequency range (MHz) Maximum ERP (watts) 152-153 1400 157-159 150 454-455 3500 459-460 150 ( b ) Basic power limit. Except as provided in paragraph (d) of this section, the ERP of central office station transmitters must not exceed 500 Watts. ( c ) Height-power limits. Except as provided in paragraph (d) of this section, the ERP of central office station transmitters must not exceed the amount that would result in an average distance to the “service contour” of 41.6 kilometers (26 miles) for VHF channels or 30.7 kilometers (19 miles) for UHF channels. The average distance to the “service contour” is calculated by taking the arithmetic mean of the distances determined using the procedures specified in § 22.567 for the eight cardinal radial directions, excluding cardinal radial directions for which 90% or more of the distance so calculated is over water. ( d ) Encompassed interfering contour areas. Central office station transmitters are exempt from the basic power and height-power limits of this section if the area within their interfering contours is totally encompassed by the interfering contours of operating co-channel central office station transmitters controlled by the same licensee. For the purpose of this paragraph, operating transmitters are authorized transmitters that are providing service to subscribers. ( e ) Adjacent channel protection. The ERP of central office station transmitters must not exceed 500 Watts if they transmit on channel 454.025 MHz and are located less than 7 kilometers (4.3 miles) from any Private Radio Services station receiving on adjacent channel 454.000 MHz. [ 59 FR 59507 , Nov. 17, 1994, as amended at 70 FR 19309 , Apr. 13, 2005] § 22.731 Emission limitations. Upon application for multichannel operation, the FCC may authorize emission bandwidths wider than those specified in § 22.357 , provided that spectrum utilization is equal to or better than that achieved by single channel operation. § 22.733 Priority of service. Within the Rural Radiotelephone Service, the channels listed in § 22.725 are intended primarily for use in rendition of public message service between rural subscriber and central office stations and to provide radio trunking facilities between central offices. The channels may also be used, however, for the rendition of private leased-line communication service provided that such usage would not reduce or impair the extent or quality of communication service that would be available, in the absence of private leased-line service, to the general public receiving or subsequently requesting public message service from a central office. § 22.737 Temporary fixed stations. The FCC may, upon proper application therefor, authorize the construction and operation of temporary fixed stations. Temporary fixed stations are to be used as rural subscriber, interoffice, or central office stations when those stations are unavailable or when service from those stations is disrupted by storms or emergencies. ( a ) Six month limitation. If it is necessary for a temporary fixed station to remain at the same location for more than six months, the licensee of that station must apply for authorization to operate the station at the specific location at least 30 days before the end of the six month period. ( b ) International communications. Communications between the United States and Canada or Mexico must not be carried using a temporary fixed station without prior authorization from the FCC. Licensees desiring to carry such communications should apply sufficiently in advance to allow for the time necessary to coordinate with Canada or Mexico. Basic Exchange Telephone Radio Systems § 22.757 Channels for basic exchange telephone radio systems. The channels listed in § 22.725 are also allocated for paired assignment to transmitters in basic exchange telephone radio systems. [ 70 FR 19309 , Apr. 13, 2005] § 22.759 Power limit for BETRS. The effective radiated power of central office and rural subscriber station transmitters used in basic exchange telephone radio systems must not exceed the limits in this section. ( a ) Maximum ERP. The effective radiated power (ERP) of central office and rural subscriber station transmitters in BETRS must not exceed the applicable limits in this paragraph under any circumstances. Frequency range (MHz) Maximum ERP (watts) 152-153 1400 157-159 150 454-455 3500 459-460 150 ( b ) Height-power limit. The ERP of central office stations in BETRS must not exceed the amount calculated as follows: ERP w = 557,418 ÷ h m 2 where ERP w is the effective radiated power in Watts h m is the average (eight cardinal radial) antenna height above average terrain in meters Subpart G—Air-Ground Radiotelephone Service § 22.801 Scope. The rules in this subpart govern the licensing and operation of air-ground stations and systems. The licensing and operation of these stations and systems is also subject to rules elsewhere in this part and in part 1 of this chapter that generally apply to the Public Mobile Services. In case of conflict, however, the rules in this subpart govern. [ 70 FR 19309 , Apr. 13, 2005] General Aviation Air-Ground Stations § 22.805 Channels for general aviation air-ground service. The following channels are allocated for the provision of radiotelephone service to airborne mobile subscribers in general aviation aircraft. These channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. Signalling Channel Pair Ground Airborne mobile 454.675 459.675 Communication Channel Pairs Ground Airborne mobile 454.700 459.700 454.725 459.725 454.750 459.750 454.775 459.775 454.800 459.800 454.825 459.825 454.850 459.850 454.875 459.875 454.900 459.900 454.925 459.925 454.950 459.950 454.975 459.975 ( a ) Channel 454.675 MHz is assigned to each and every ground station, to be used only for automatically alerting airborne mobile stations of incoming calls. ( b ) All airborne mobile channels are assigned for use by each and every airborne mobile station. § 22.807 General aviation air-ground application requirements. In addition to the information required by subparts B and D of this part , FCC Form 601 applications for authorization to operate a general aviation air-ground station must contain the applicable supplementary information described in this section. ( a ) Administrative information. The following information is required by FCC Form 601. ( 1 ) The number of transmitter sites for which authorization is requested. ( 2 ) The call sign(s) of other facilities in the same area that are ultimately controlled by the real party in interest to the application. ( b ) Technical information required. For each transmitter in the Rural Radiotelephone Service, the following information is required by FCC Form 601: ( 1 ) Location description, city, county, state, geographic coordinates (NAD83) correct to ±1 second, site elevation above mean sea level, proximity to adjacent market boundaries and international borders; ( 2 ) Antenna height to tip above ground level, antenna gain in the maximum lobe, the electric field polarization of the wave emitted by the antenna when installed as proposed; ( 3 ) The center frequency of each channel requested, the maximum effective radiated power, any non-standard emission types to be used, including bandwidth and modulation type and the transmitter classification (e.g. ground or signaling). [ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59954 , Nov. 21, 1994; 63 FR 68948 , Dec. 14, 1998; 64 FR 53240 , Oct. 1, 1999. Redesignated and amended at 70 FR 19309 , Apr. 13, 2005] § 22.809 Transmitting power limits. The transmitting power of ground and airborne mobile transmitters operating on the channels listed in § 22.805 must not exceed the limits in this section. ( a ) Ground station transmitters. The effective radiated power of ground stations must not exceed 100 Watts and must not be less than 50 Watts, except as provided in § 22.811 . ( b ) Airborne mobile transmitters. The transmitter power output of airborne mobile transmitters must not exceed 25 Watts and must not be less than 4 Watts. § 22.813 Technical channel pair assignment criteria. The rules in this section establish technical assignment criteria for the channel pairs listed in § 22.805 . These criteria are intended to provide substantial service volumes over areas that have significant local and regional general aviation activity, while maintaining the continuous nationwide in-route coverage of the original geographical layout. ( a ) Distance separation for co-channel ground stations. The FCC may grant an application requesting assignment of a communication channel pair to a proposed ground transmitter only if the proposed antenna location is at least 800 kilometers (497 miles) from the antenna location of the nearest co-channel ground transmitter in the United States, its territories and possessions; and 1000 kilometers (621 miles) from the antenna location of the nearest co-channel ground transmitter in Canada. ( b ) Dispersion. The FCC may grant an application requesting assignment of a communication channel pair to a proposed ground transmitter only if there are no more than five different communication channel pairs already assigned to ground transmitters with antenna locations within a 320 kilometer (199 mile) radius of the proposed antenna location. § 22.815 Construction period for general aviation ground stations. The construction period (see § 1.946 of this chapter ) for general aviation ground stations is 12 months. [ 70 FR 19310 , Apr. 13, 2005] § 22.817 Additional channel policies. The rules in this section govern the processing of applications for authority to operate a ground station transmitter on any ground station communication channel listed in § 22.805 when the applicant has applied or been granted an authorization for other ground station communication channels in the same area. The general policy of the FCC is to assign one ground station communication channel in an area to a carrier per application cycle, up to a maximum of six ground station communication channels per area. That is, a carrier must apply for one ground station communication channel, receive the authorization, construct the station, and notify the FCC of commencement of service before applying for an additional ground station communication channel in that area. ( a ) Air-ground transmitters in same area. Any transmitter on any of the ground station channels listed in § 22.805 is considered to be in the same area as another transmitter on any ground station channel listed in § 22.805 if it is located less than 350 kilometers (217 miles) from that transmitter. ( b ) Initial channel. The FCC will not assign more than one ground station communication channel for new ground stations. Ground stations are considered to be new if there are no authorized ground station transmitters on any channel listed in § 22.805 controlled by the applicant in the same area. ( c ) Additional channel. Applications for ground transmitters to be located in the same area as an authorized ground station controlled by the applicant, but to operate on a different ground station communication channel, are considered as requesting an additional channel for the authorized station. ( d ) Amendment of pending application. If the FCC receives and accepts for filing an application for a ground station transmitter to be located in the same area as a ground station transmitter proposed in a pending application previously filed by the applicant, but on a different ground station communication channel, the subsequent application is treated as a major amendment to change the technical proposal of the prior application. The filing date of any application so amended is the date the FCC received the subsequent application. ( e ) Dismissal of premature applications for additional channel. If the FCC receives an application requesting an additional ground station communication channel for an authorized ground station prior to receiving notification that the station is providing service to subscribers on the authorized channel(s), the FCC may dismiss that application without prejudice. ( f ) Dismissal of applications for seventh channel. If the FCC receives an application requesting an additional ground station communication channel for an authorized ground station which would, if granted, result in that station being assigned more than six ground station communication channels in the same area, the FCC may dismiss that application without prejudice. Commercial Aviation Air-Ground Systems § 22.853 Eligibility to hold interest in licenses limited to 3 MHz of spectrum. No individual or entity may hold, directly or indirectly, a controlling interest in licenses authorizing the use of more than three megahertz of spectrum (either shared or exclusive) in the 800 MHz commercial aviation Air-Ground Radiotelephone Service frequency bands (see § 22.857 ). Individuals and entities with either de jure or de facto control of a licensee in these bands will be considered to have a controlling interest in its license(s). For purposes of this rule, the definitions of “controlling interests” and “affiliate” set forth in paragraphs (c)(2) and (c)(5) of § 1.2110 of this chapter shall apply. [ 70 FR 19310 , Apr. 13, 2005] § 22.857 Channel plan for commercial aviation air-ground systems. The 849-851 MHz and 894-896 MHz frequency bands are designated for paired nationwide exclusive assignment to the licensee or licensees of systems providing radio telecommunications service, including voice and/or data service, to persons on board aircraft. Air-ground systems operating in these frequency bands are referred to in this part as “commercial aviation” systems. [ 70 FR 19310 , Apr. 13, 2005] § 22.859 Incumbent commercial aviation air-ground systems. This section contains rules concerning continued operation of commercial aviation air-ground systems that were originally authorized prior to January 1, 2004 to provide radiotelephone service using narrowband (6 kHz) channels, and that have been providing service continuously since the original commencement of service (hereinafter “incumbent systems”). ( a ) An incumbent system may continue to operate under its authorization, for the remaining term of such authorization, subject to the terms and conditions attached thereto. Wherever such technical and operational conditions differ from technical and operational rules in this subpart, those conditions shall govern its operations. ( b ) Notwithstanding any other provision in this chapter, the licensee of an incumbent system shall not be entitled to an expectation of renewal of said authorization. ( c ) During the period that an incumbent system continues to operate and provide service pursuant to paragraph (a) of this section, air-ground systems of licensees holding a new authorization for the spectrum within which the incumbent system operates must not cause interference to the incumbent system. Protection from interference requires that the signals of the new systems must not exceed a ground station received power of −130 dBm within a 6 kHz receive bandwidth, calculated assuming a 0 dBi vertically polarized receive antenna. [ 70 FR 19310 , Apr. 13, 2005] § 22.861 Emission limitations. The rules in this section govern the spectral characteristics of emissions for commercial aviation systems in the Air-Ground Radiotelephone Service. Commercial aviation air-ground systems may use any type of emission or technology that complies with the technical rules in this subpart. ( a ) Out of band emissions. The power of any emission outside of the authorized operating frequency ranges must be attenuated below the transmitting power (P) by a factor of at least 43 + 10 log (P) dB. ( b ) Measurement procedure. Compliance with these rules is based on the use of measurement instrumentation employing a resolution bandwidth of 100 kHz or greater. In the 1 MHz bands immediately outside and adjacent to the frequency block a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy provided the measured power is integrated over the full required measurement bandwidth ( i.e. , 100 kHz or 1 percent of emission bandwidth, as specified). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( c ) Alternative out of band emission limit. The licensee(s) of commercial aviation air-ground systems, together with affected licensees of Cellular Radiotelephone Service systems operating in the spectrum immediately below and adjacent to the commercial aviation air-ground bands, may establish an alternative out of band emission limit to be used at the 849 MHz and 894 MHz band edge(s) in specified geographical areas, in lieu of that set forth in this section, pursuant to a private contractual arrangement of all affected licensees and applicants. In this event, each party to such contract shall maintain a copy of the contract in their station files and disclose it to prospective assignees or transferees and, upon request, to the FCC. ( d ) Interference caused by out of band emissions. If any emission from a transmitter operating in this service results in interference to users of another radio service, the FCC may require a greater attenuation of that emission than specified in this section. [ 70 FR 19310 , Apr. 13, 2005] § 22.863 Frequency stability. The frequency stability of equipment used under this subpart shall be sufficient to ensure that, after accounting for Doppler frequency shifts, the occupied bandwidth of the fundamental emissions remains within the authorized frequency bands of operation. [ 70 FR 19310 , Apr. 13, 2005] § 22.867 Effective radiated power limits. The effective radiated power (ERP) of ground and airborne stations operating on the frequency ranges listed in § 22.857 must not exceed the limits in this section. ( a ) The peak ERP of airborne mobile station transmitters must not exceed 12 Watts. ( b ) The peak ERP of ground station transmitters must not exceed 500 Watts. [ 70 FR 19310 , Apr. 13, 2005] § 22.873 Construction requirements for commercial aviation air-ground systems. Licensees authorized to use more than one megahertz (1 MHz) of the 800 MHz commercial aviation air-ground spectrum allocation (see § 22.857 ) must make a showing of “substantial service” as set forth in this section. Failure by any such licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to regain it. Licensees authorized to use one megahertz or less of the 800 MHz commercial aviation air-ground spectrum allocation are not subject to the requirements in this section. ( a ) “Substantial service” is defined as service that is sound, favorable, and substantially above a level of mediocre service that just might minimally warrant renewal. ( b ) Each commercial aviation air-ground system subject to the requirements of this section must demonstrate substantial service within 5 years after grant of the authorization. Substantial service may be demonstrated by, but is not limited to, either of the following “safe harbor” provisions: ( 1 ) Construction and operation of 20 ground stations, with at least one ground station located in each of the 10 Federal Aviation Administration regions; or, ( 2 ) Provision of service to the airspace of 25 of the 50 busiest airports (as measured by annual passenger boardings). [ 70 FR 19310 , Apr. 13, 2005] § 22.877 Unacceptable interference to part 90 non-cellular 800 MHz licensees from commercial aviation air-ground systems. The definition of unacceptable interference to non-cellular part 90 licensees in the 800 MHz band from commercial aviation air-ground systems is the same as the definition set forth in § 22.970 which is applicable to Cellular Radiotelephone Service systems. [ 70 FR 19311 , Apr. 13, 2005] § 22.878 Obligation to abate unacceptable interference. This section applies only to commercial aviation ground stations transmitting in the 849-851 MHz band, other than commercial aviation ground stations operating under the authority of a license originally granted prior to January 1, 2004. ( a ) Strict responsibility. Any licensee who, knowingly or unknowingly, directly or indirectly, causes or contributes to causing unacceptable interference to a non-cellular part 90 licensee in the 800 MHz band, as defined in § 22.877 , shall be strictly accountable to abate the interference, with full cooperation and utmost diligence, in the shortest time practicable. Interfering licensees shall consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in § 22.879 . This strict responsibility obligation applies to all forms of interference, including out-of-band emissions and intermodulation. ( b ) Joint and Several responsibility. If two or more licensees, whether in the commercial aviation air-ground radiotelephone service or in the Cellular Radiotelephone Service (see § 22.971 ), knowingly or unknowingly, directly or indirectly, cause or contribute to causing unacceptable interference to a non-cellular part 90 licensee in the 800 MHz band, as defined in § 22.877 , such licensees shall be jointly and severally responsible for abating interference, with full cooperation and utmost diligence, in the shortest practicable time. ( 1 ) This joint and several responsibility rule requires interfering licensees to consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in § 22.879(c) . This joint and several responsibility rule applies to all forms of interference, including out-of-band emissions and intermodulation. ( 2 ) Any licensee that can show that its signal does not directly or indirectly cause or contribute to causing unacceptable interference to a non-cellular part 90 licensee in the 800 MHz band, as defined in § 22.877 , shall not be held responsible for resolving unacceptable interference. Notwithstanding, any licensee that receives an interference complaint from a public safety/CII licensee shall respond to such complaint consistent with the interference resolution procedures set forth in § 22.879 . [ 70 FR 19411 , Apr. 13, 2005] § 22.879 Interference resolution procedures. This section applies only to commercial aviation ground stations transmitting in the 849-851 MHz band, other than commercial aviation ground stations operating under the authority of a license originally granted prior to January 1, 2004. ( a ) Initial notification. Commercial aviation air-ground system licensees may receive initial notification of interference from non-cellular part 90 licensees in the 800 MHz band pursuant to § 90.674(a) of this chapter . ( 1 ) Commercial aviation air-ground system licensees shall join with part 90 ESMR licensees and Cellular Radiotelephone Service licensees in utilizing an electronic means of receiving the initial notification described in § 90.674(a) of this chapter . See § 22.972 . ( 2 ) Commercial aviation air-ground system licensees must respond to the initial notification described in § 90.674(a) of this chapter as soon as possible and no later than 24 hours after receipt of notification from a part 90 public safety/CII licensee. This response time may be extended to 48 hours after receipt from other part 90 non-cellular licensees provided affected communications on these systems are not safety related. ( b ) Interference analysis. Commercial aviation air-ground system licensees—who receive an initial notification described in § 90.674(a) of this chapter —shall perform a timely analysis of the interference to identify the possible source. Immediate on-site visits may be conducted when necessary to complete timely analysis. Interference analysis must be completed and corrective action initiated within 48 hours of the initial complaint from a part 90 public safety/CII licensee. This response time may be extended to 96 hours after the initial complaint from other part 90 non-cellular licensees provided affected communications on these systems are not safety related. Corrective action may be delayed if the affected licensee agrees in writing (which may be, but is not required to be, recorded via e-mail or other electronic means) to a longer period. ( c ) Mitigation steps. Any commercial aviation air-ground system that is responsible for causing unacceptable interference to non-cellular part 90 licensees in the 800 MHz band shall take affirmative measures to resolve such interference. ( 1 ) Commercial aviation air-ground system licensees found to contribute to unacceptable interference, as defined in § 22.877 , shall resolve such interference in the shortest time practicable. Commercial aviation air-ground system licensees must provide all necessary test apparatus and technical personnel skilled in the operation of such equipment as may be necessary to determine the most appropriate means of timely eliminating the interference. However, the means whereby interference is abated or the technical parameters that may need to be adjusted is left to the discretion of the commercial aviation air-ground system licensee, whose affirmative measures may include, but not be limited to, the following techniques: ( i ) Increasing the desired power of the public safety/CII signal; ( ii ) Decreasing the power of the commercial aviation air-ground system signal; ( iii ) Modifying the commercial aviation air-ground system antenna height; ( iv ) Modifying the commercial aviation air-ground system antenna characteristics; ( v ) Incorporating filters into the commercial aviation air-ground system transmission equipment; ( vi ) Changing commercial aviation air-ground system frequencies; and ( vii ) Supplying interference-resistant receivers to the affected public safety/CII licensee(s). If this technique is used, in all circumstances, commercial aviation air-ground system licensees shall be responsible for all costs thereof. ( 2 ) Whenever short-term interference abatement measures prove inadequate, the affected part 90 non-cellular licensee shall, consistent with but not compromising safety, make all necessary concessions to accepting interference until a longer-term remedy can be implemented. ( 3 ) When a part 90 public safety licensee determines that a continuing presence of interference constitutes a clear and imminent danger to life or property, the licensee causing the interference must discontinue the associated operation immediately, until a remedy can be identified and applied. The determination that a continuing presence exists that constitutes a clear and imminent danger to life or property, must be made by written statement that: ( i ) Is in the form of a declaration, notarized affidavit, or statement under penalty or perjury, from an officer or executive of the affected public safety licensee; ( ii ) Thoroughly describes the basis of the claim of clear and imminent danger; ( iii ) Was formulated on the basis of either personal knowledge or belief after due diligence; ( iv ) Is not proffered by a contractor or other third party; and, ( v ) Has been approved by the Chief of the Public Safety and Homeland Security Bureau or other designated Commission official. Prior to the authorized official making a determination that a clear and imminent danger exists, the associated written statement must be served by hand-delivery or receipted fax on the applicable offending licensee, with a copy transmitted by the fastest available means to the Washington, DC office of the Commission's Public Safety and Homeland Security Bureau. [ 70 FR 19311 , Apr. 13, 2005, as amended at 71 FR 69038 , Nov. 29, 2006] § 22.880 Information exchange. ( a ) Prior notification. Public safety/CII licensees may notify a commercial aviation air-ground system licensee that they wish to receive prior notification of the activation or modification of a commercial aviation air-ground system ground station site in their area. Thereafter, the commercial aviation air-ground system licensee must provide the following information to the public safety/CII licensee at least 10 business days before a new ground station is activated or an existing ground station is modified: ( 1 ) Location; ( 2 ) Effective radiated power; ( 3 ) Antenna manufacturer, model number, height above ground level and up tilt angle, as installed; ( 4 ) Channels available for use. ( b ) Purpose of prior notification. The prior notification of ground station activation or modification is for informational purposes only: public safety/CII licensees are not afforded the right to accept or reject the activation of a proposed ground station or to unilaterally require changes in its operating parameters. The principal purposes of prior notification are to: ( 1 ) Allow a public safety licensee to advise the commercial aviation air-ground system licensee whether it believes a proposed ground station will generate unacceptable interference; ( 2 ) Permit commercial aviation air-ground system licensee(s) to make voluntary changes in ground station parameters when a public safety licensee alerts them to possible interference; and ( 3 ) Rapidly identify the source if interference is encountered when the ground station is activated. [ 70 FR 19312 , Apr. 13, 2005] § 22.881 Air-Ground Radiotelephone Service subject to competitive bidding. Mutually exclusive initial applications for general aviation Air-Ground Radiotelephone Service licenses and mutually exclusive initial applications for commercial Air-Ground Radiotelephone Service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q, of this chapter will apply unless otherwise provided in this subpart. [ 70 FR 76417 , Dec. 27, 2005] § 22.882 Designated entities. ( a ) Eligibility for small business provisions in the commercial Air-Ground Radiotelephone Service. ( 1 ) A small business is an entity that, together with its affiliates, its controlling interests and the affiliates of its controlling interests, has average gross revenues that are not more than $40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its affiliates, its controlling interests and the affiliates of its controlling interests, has average gross revenues that are not more than $15 million for the preceding three years. ( b ) Bidding credits in the commercial Air-Ground Radiotelephone Service. ( 1 ) A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(iii) of this chapter , to lower the cost of its winning bid on a commercial Air-Ground Radiotelephone Service license. ( 2 ) A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use a bidding credit of 25 percent, as specified in § 1.2110(f)(2)(ii) of this chapter , to lower the cost of its winning bid on a commercial Air-Ground Radiotelephone Service license. [ 70 FR 76417 , Dec. 27, 2005] Subpart H—Cellular Radiotelephone Service § 22.900 Scope. The rules in this subpart govern the licensing and operation of cellular radiotelephone systems. Licensing and operation of these systems are also subject to rules elsewhere in this part that apply generally to the Public Mobile Services. In case of conflict, however, the rules in this subpart govern. § 22.901 Cellular service requirements and limitations. The licensee of each Cellular system is responsible for ensuring that its Cellular system operates in compliance with this section. Each Cellular system must provide either mobile service, fixed service, or a combination of mobile and fixed service, subject to the requirements, limitations and exceptions in this section. Mobile service provided may be of any type, including two-way radiotelephone, dispatch, one-way or two-way paging, and personal communications services (as defined in part 24 of this chapter ). Fixed service is considered to be primary service, as is mobile service. When both mobile and fixed services are provided, they are considered to be co-primary services. In providing Cellular service, each Cellular system may incorporate any technology that meets all applicable technical requirements in this part. [ 79 FR 72151 , Dec. 5, 2014] § 22.905 Channels for cellular service. The following frequency bands are allocated for assignment to service providers in the Cellular Radiotelephone Service. ( a ) Channel Block A: 869-880 MHz paired with 824-835 MHz, and 890-891.5 MHz paired with 845-846.5 MHz. ( b ) Channel Block B: 880-890 MHz paired with 835-845 MHz, and 891.5-894 MHz paired with 846.5-849 MHz. [ 67 FR 77191 , Dec. 17, 2002] § 22.907 Coordination of channel usage. Licensees in the Cellular Radiotelephone Service must coordinate, with the appropriate parties, channel usage at each transmitter location within 121 kilometers (75 miles) of any transmitter locations authorized to other licensees or proposed by other applicants, except those with mutually exclusive applications. Licensees utilizing systems employing a frequency re-use factor of 1 (universal re-use) are exempt from this requirement. ( a ) Licensees must cooperate and make reasonable efforts to resolve technical problems that may inhibit effective and efficient use of the cellular radio spectrum; however, licensees are not obligated to suggest extensive changes to or redesign other licensees' cellular systems. Licensees must make reasonable efforts to avoid blocking the growth of other cellular systems that are likely to need additional capacity in the future. ( b ) If technical problems are addressed by an agreement or operating agreement between the licensees that would result in a reduction of quality or capacity of either system, the licensees must notify the Commission by updating FCC Form 601. [ 59 FR 59507 , Nov. 17, 1994, as amended at 63 FR 68951 , Dec. 14, 1998; 82 FR 17582 , Apr. 12, 2017] § 22.909 Cellular markets. Cellular Market Areas (CMAs) are standard geographic areas used by the FCC for administrative convenience in the licensing of Cellular systems. CMAs comprise Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs). All CMAs and the counties they comprise are listed in: “Common Carrier Public Mobile Services Information, Cellular MSA/RSA Markets and Counties,” Public Notice, Rep. No. CL-92-40, 7 FCC Rcd 742 (1992). ( a ) MSAs. Metropolitan Statistical Areas are 306 areas, including New England County Metropolitan Areas and the Gulf of Mexico Service Area (water area of the Gulf of Mexico, border is the coastline), defined by the Office of Management and Budget, as modified by the FCC. ( b ) RSAs. Rural Service Areas are 428 areas, other than MSAs, established by the FCC. [ 59 FR 59507 , Nov. 17, 1994, as amended at 79 FR 72151 , Dec. 5, 2014] § 22.911 Cellular geographic service area. The Cellular Geographic Service Area (CGSA) of a Cellular system is the geographic area considered by the FCC to be served by the Cellular system and is the area within which cellular systems are entitled to protection and adverse effects for the purpose of determining whether a petitioner has standing are recognized. The CGSA is the composite of the service areas of all of the cells in the system, excluding any Unserved Area (even if it is served on a secondary basis) or area within the CGSA of another Cellular system. The service area of a cell is the area within its service area boundary (SAB). Licensees that use power spectral density (PSD) at cell sites within their licensed geographic area are subject to paragraph (c) of this section; all other licensees are subject to paragraph (a) (or, as applicable, paragraph (b)) of this section. If the calculation under paragraph (a) , (b) , or (c) of this section (as applicable) yields an SAB extension comprising at least 130 contiguous square kilometers (50 contiguous square miles), the licensee must submit an application for major modification of the CGSA using FCC Form 601. See also §§ 22.912 , 22.949 , and 22.953 . ( a ) CGSA determination (non-PSD). For the purpose of calculating the SABs for cell sites and determining CGSA expansion areas for Cellular base stations that do not operate using PSD (as permitted under § 22.913 ), the distance to the SAB is calculated as a function of effective radiated power (ERP) and antenna center of radiation height above average terrain (HAAT), height above sea level (HASL), or height above mean sea level (HAMSL). ( 1 ) Except as provided in paragraphs (a)(2) and (b) of this section, the distance from a cell transmitting antenna to its SAB along each cardinal radial is calculated as follows: d = 2.531 × h 0.34 × p 0.17 where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts ( 2 ) The distance from a cell transmitting antenna located in the Gulf of Mexico Service Area (GMSA) to its SAB along each cardinal radial is calculated as follows: d = 6.895 × h 0.30 × p 0.15 Where: d is the radial distance in kilometers h is the radial antenna HAAT in meters p is the radial ERP in Watts ( 3 ) The value used for h in the formula in paragraph (a)(2) of this section must not be less than 8 meters (26 feet) HASL (or HAMSL, as appropriate for the support structure). The value used for h in the formula in paragraph (a)(1) of this section must not be less than 30 meters (98 feet) HAAT, except that for unserved area applications proposing a cell with an ERP not exceeding 10 Watts, the value for h used in the formula in paragraph (a)(1) of this section to determine the service area boundary for that cell may be less than 30 meters (98 feet) HAAT, but not less than 3 meters (10 feet) HAAT. ( 4 ) The value used for p in the formulas in paragraphs (a)(1) and (a)(2) of this section must not be less than 0.1 Watt or 27 dB less than (1/500 of) the maximum ERP in any direction, whichever is more. ( 5 ) Whenever use of the formula in paragraph (a)(1) of this section pursuant to the exception contained in paragraph (a)(3) of this section results in a calculated distance that is less than 5.4 kilometers (3.4 miles), the radial distance to the service area boundary is deemed to be 5.4 kilometers (3.4 miles). ( 6 ) The distance from a cell transmitting antenna to the SAB along any radial other than the eight cardinal radials is calculated by linear interpolation of distance as a function of angle. ( b ) Alternative CGSA determination (non-PSD). If a carrier believes that the method described in paragraph (a) of this section produces a CGSA that departs significantly (±20% in the service area of any cell) from the geographic area where reliable cellular service is actually provided, the carrier may submit, as an exhibit to an application for modification of the CGSA using FCC Form 601, a depiction of what the carrier believes the CGSA should be. Such submissions must be accompanied by one or more supporting propagation studies using methods appropriate for the 800-900 MHz frequency range, including all supporting data and calculations, and/or by extensive field strength measurement data. For the purpose of such submissions, cellular service is considered to be provided in all areas, including “dead spots”, between the transmitter location and the locus of points where the predicted or measured median field strength finally drops to 32 dBµV/m (i.e. does not exceed 32 dBµV/m further out). If, after consideration of such submissions, the FCC finds that adjustment to a CGSA is warranted, the FCC may grant the application. ( 1 ) The alternative CGSA determination must define the CGSA in terms of distances from the cell sites to the 32 dBµV/m contour along the eight cardinal radials, with points in other azimuthal directions determined by the method given in paragraph (a)(6) of this section. The distances used must be representative of the coverage within the eight cardinal radials, as depicted by the alternative CGSA determination. ( 2 ) If an uncalibrated predictive model is used to depict the CGSA, the alternative CGSA determination must identify factors (e.g. terrain roughness or features) that could plausibly account for the difference between actual coverage and that defined by the formula in paragraph (a)(1) of this section. If actual measurements or a measurement-calibrated predictive model are used to depict the CGSA, and this fact is disclosed in the alternative CGSA determination, it is not necessary to offer an explanation of the difference between actual coverage and that defined by the formula in paragraph (a)(1) of this section. If the formula in paragraph (a)(1) of this section is clearly inapplicable for the cell(s) in question (e.g. for microcells), this should be disclosed in the alternative CGSA determination. ( 3 ) The provision for alternative CGSA determinations was made in recognition that the formula in paragraph (a)(1) of this section is a general model that provides a reasonable approximation of coverage in most land areas, but may under-predict or over-predict coverage in specific areas with unusual terrain roughness or features, and may be inapplicable for certain purposes, e.g. , cells with a coverage radius of less than 8 kilometers (5 miles). In such cases, alternative methods that utilize more specific models are appropriate. Accordingly, the FCC does not consider use of the formula in paragraph (a)(1) of this section with parameters outside of the limits in paragraphs (a)(3) , (a)(4) and (a)(5) of this section or with data for radials other than the cardinal radials to be a valid alternative method for determining the CGSA of a cellular system. ( c ) CGSA determination (PSD). ( 1 ) For the purpose of calculating the SABs for cell sites and determining CGSA expansion areas for Cellular base stations that operate using PSD (as permitted under § 22.913 ), the licensee must use a predictive propagation model that is appropriate for the service provided, taking into account terrain and local conditions. The SAB and CGSA boundary must be defined in terms of distances from the cell site to the 32 dBµV/m contour along the eight cardinal radials, with points in other azimuthal directions determined by the method set forth in paragraph (a)(6) of this section. The distances used must be representative of the coverage within the eight cardinal radials. ( 2 ) An application for major modification of the CGSA under this paragraph (c) must include, as an exhibit, a depiction of the CGSA accompanied by one or more supporting propagation studies using methods appropriate for the 800-900 MHz frequency range, including all supporting data and calculations, and/or by extensive field strength measurement data. For the purpose of such submissions, Cellular service is considered to be provided in all areas, including “dead spots,” between the transmitter location and the locus of points where the predicted or measured median field strength finally drops to 32 dBµV/m ( i.e., does not exceed 32 dBµV/m further out). If, after consideration of such submissions, the FCC finds that adjustment to a CGSA is warranted, the FCC may grant the application. ( d ) Protection afforded. Cellular systems are entitled to protection only within the CGSA (as determined in accordance with this section) from co-channel and first-adjacent channel interference ( see § 22.983 ). Licensees must cooperate in resolving co-channel and first-adjacent channel interference by changing channels used at specific cells or by other technical means. ( e ) [Reserved] [ 59 FR 59507 , Nov. 17, 1994, as amended at 59 FR 59954 , Nov. 21, 1994; 63 FR 68951 , Dec. 14, 1998; 67 FR 9609 , Mar. 4, 2002; 67 FR 77191 , Dec. 17, 2002; 68 FR 42295 , July 17, 2003; 79 FR 72151 , Dec. 5, 2014; 82 FR 17582 , Apr. 12, 2017] § 22.912 Service area boundary extensions. This section contains rules governing service area boundary (SAB) extensions. SAB extensions are areas (calculated using the methodology of § 22.911 ) that extend outside of the licensee's Cellular Geographic Service Area (CGSA) boundary into Unserved Area or into the CGSA of a neighboring co-channel licensee. Service within SAB extensions is not protected from interference or capture under § 22.911(d) unless and until the area within the SAB extension becomes part of the CGSA in compliance with all applicable rules. ( a ) Extensions into Unserved Area. Subject to paragraph (c) of this section, the licensee of a Cellular system may, at any time, extend its SAB into Unserved Area and provide service on a secondary basis only, provided that the extension area comprises less than 130 contiguous square kilometers (50 contiguous square miles). If more than one licensee of a Cellular system extends into all or a portion of the same Unserved Area under this section, all such licensees may provide service in such Unserved Area on a shared secondary (unprotected) basis only. ( b ) Contract extensions. The licensee of any Cellular system may, at any time, enter into a contract with an applicant for, or a licensee of, a Cellular system on the same channel block to allow one or more SAB extensions into its CGSA (not into Unserved Area). ( c ) Gulf of Mexico Service Area. Land-based Cellular system licensees may not extend their SABs into the Gulf of Mexico Exclusive Zone (GMEZ) absent written contractual consent of the co-channel GMEZ licensee. GMEZ licensees may not extend their SABs into the CGSA of a licensee on the same channel block in an adjacent CMA or the Gulf of Mexico Coastal Zone absent written contractual consent of the co-channel licensee. [ 79 FR 72151 , Dec. 5, 2014] § 22.913 Effective radiated power limits. Licensees in the Cellular Radiotelephone Service are subject to the effective radiated power (ERP) limits and other requirements in this Section. See also § 22.169 . ( a ) Maximum ERP. The ERP of transmitters in the Cellular Radiotelephone Service must not exceed the limits in this section. ( 1 ) Except as described in paragraphs (a)(2) , (3) , and (4) of this section, the ERP of base stations and repeaters must not exceed— ( i ) 500 watts per emission; or ( ii ) 400 watts/MHz (PSD) per sector. ( 2 ) Except as described in paragraphs (a)(3) and (4) of this section, for systems operating in areas more than 72 kilometers (45 miles) from international borders that: ( i ) Are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census; or ( ii ) Extend coverage into Unserved Area on a secondary basis ( see § 22.949 ), the ERP of base transmitters and repeaters must not exceed— ( A ) 1000 watts per emission; or ( B ) 800 watts/MHz (PSD) per sector. ( 3 ) Provided that they also comply with paragraphs (b) and (c) of this section, licensees are permitted to operate their base transmitters and repeaters with an ERP greater than 400 watts/MHz (PSD) per sector, up to a maximum ERP of 1000 watts/MHz (PSD) per sector unless they meet the conditions in paragraph (a)(4) of this section. ( 4 ) Provided that they also comply with paragraphs (b) and (c) of this section, licensees of systems operating in areas more than 72 kilometers (45 miles) from international borders that: ( i ) Are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census; or ( ii ) Extend coverage into Unserved Area on a secondary basis ( see § 22.949 ), are permitted to operate base transmitters and repeaters with an ERP greater than 800 watts/MHz (PSD) per sector, up to a maximum of 2000 watts/MHz (PSD) per sector. ( 5 ) The ERP of mobile transmitters and auxiliary test transmitters must not exceed 7 watts. ( b ) Power flux density (PFD). Until May 12, 2024, each Cellular base station that operates at the higher ERP limits permitted under paragraphs (a)(3) and (4) of this section must be designed and deployed so as not to exceed a modeled PFD of 3000 microwatts/m 2 /MHz over at least 98% of the area within 1 km of the base station antenna, at 1.6 meters above ground level. To ensure its compliance with this requirement, the licensee must perform predictive modeling of the PFD values within at least 1 km of each base station antenna prior to commencing such operations and, thereafter, prior to making any site modifications that may increase the PFD levels around the base station. The modeling tools must take into consideration terrain and other local conditions and must use good engineering practices for the 800 MHz band. ( c ) Advance notification requirement. At least 30 days but not more than 90 days prior to activating a base station at the higher ERP limits permitted under paragraphs (a)(3) and (4) of this section, the Cellular licensee must provide written advance notice to any public safety licensee authorized in the frequency range 806-816 MHz/851-861 MHz with a base station located within a radius of 113 km of the Cellular base station to be deployed. The written notice shall be required only one time for each such cell site and is for informational purposes only; the public safety licensees are not afforded the right to accept or reject the activation or to unilaterally require changes in the operating parameters. The written notification must include the base station's location, ERP level, height of the transmitting antenna's center of radiation above ground level, and the timeframe for activation, as well as the Cellular licensee's contact information. Additional information shall be provided by the Cellular licensee upon request of a public safety licensee required to be notified under this paragraph (c) . See also §§ 22.970 through 22.973 . ( d ) Power measurement. Measurement of the ERP of Cellular base transmitters and repeaters must be made using an average power measurement technique. The peak-to-average ratio (PAR) of the transmission must not exceed 13 dB. Power measurements for base transmitters and repeaters must be made in accordance with either of the following: ( 1 ) A Commission-approved average power technique ( see FCC Laboratory's Knowledge Database); or ( 2 ) For purposes of this section, peak transmit power must be measured over an interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. ( e ) Height-power limit. The ERP of base transmitters must not exceed the amount that would result in an average distance to the service area boundary of 79.1 kilometers (49 miles) for Cellular systems authorized to serve the Gulf of Mexico MSA and 40.2 kilometers (25 miles) for all other Cellular systems. The average distance to the service area boundary is calculated by taking the arithmetic mean of the distances determined using the procedures specified in § 22.911 for the eight cardinal radial directions. ( f ) Exemptions from height-power limit. Licensees need not comply with the height-power limit in paragraph (e) of this section if either of the following conditions is met: ( 1 ) The proposed operation is coordinated with the licensees of all affected Cellular systems on the same channel block within 121 kilometers (75 miles) and concurrence is obtained; or ( 2 ) The licensee's base transmitter or repeater is operated at the ERP limits (W/MHz) specified above in paragraph (a)(1)(ii) , (a)(2)(ii) , (a)(3) , or (a)(4) of this section. [ 82 FR 17582 , Apr. 12, 2017] § 22.917 Emission limitations for cellular equipment. The rules in this section govern the spectral characteristics of emissions in the Cellular Radiotelephone Service. ( a ) Out of band emissions. The power of any emission outside of the authorized operating frequency ranges must be attenuated below the transmitting power (P) by a factor of at least 43 + 10 log(P) dB. ( b ) Measurement procedure. Compliance with these rules is based on the use of measurement instrumentation employing a reference bandwidth as follows: ( 1 ) In the spectrum below 1 GHz, instrumentation should employ a reference bandwidth of 100 kHz or greater. In the 1 MHz bands immediately outside and adjacent to the frequency block, a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy, provided that the measured power is integrated over the full required reference bandwidth ( i.e., 100 kHz or 1 percent of emission bandwidth, as specified). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( 2 ) In the spectrum above 1 GHz, instrumentation should employ a reference bandwidth of 1 MHz. ( c ) Alternative out of band emission limit. Licensees in this service may establish an alternative out of band emission limit to be used at specified band edge(s) in specified geographical areas, in lieu of that set forth in this section, pursuant to a private contractual arrangement of all affected licensees and applicants. In this event, each party to such contract shall maintain a copy of the contract in their station files and disclose it to prospective assignees or transferees and, upon request, to the FCC. ( d ) Interference caused by out of band emissions. If any emission from a transmitter operating in this service results in interference to users of another radio service, the FCC may require a greater attenuation of that emission than specified in this section. [ 67 FR 77191 , Dec. 17, 2002, as amended at 82 FR 17583 , Apr. 12, 2017] § 22.921 [Reserved] § 22.923 Cellular system configuration. Mobile stations communicate with and through base transmitters only. Base transmitters communicate with mobile stations directly or through cellular repeaters. Auxiliary test stations may communicate with base or mobile stations for the purpose of testing equipment. § 22.925 Prohibition on airborne operation of cellular telephones. Cellular telephones installed in or carried aboard airplanes, balloons or any other type of aircraft must not be operated while such aircraft are airborne (not touching the ground). When any aircraft leaves the ground, all cellular telephones on board that aircraft must be turned off. The following notice must be posted on or near each cellular telephone installed in any aircraft: “The use of cellular telephones while this aircraft is airborne is prohibited by FCC rules, and the violation of this rule could result in suspension of service and/or a fine. The use of cellular telephones while this aircraft is on the ground is subject to FAA regulations.” §§ 22.927-22.943 [Reserved] § 22.946 Construction period for Unserved Area authorizations. The construction period applicable to new or modified Cellular facilities for which an authorization is granted pursuant to the Unserved Area process is one year, beginning on the date the authorization is granted. To satisfy this requirement, a Cellular system must be providing service to mobile stations operated by subscribers and roamers. The licensee must notify the FCC (FCC Form 601) after the requirements of this section are met. See § 1.946 of this chapter . See also § 22.949 . [ 79 FR 72151 , Dec. 5, 2014] § 22.948 Geographic partitioning and spectrum disaggregation; spectrum leasing. Cellular licensees may apply to partition any portion of their licensed Cellular Geographic Service Area (CGSA) or to disaggregate their licensed spectrum at any time following the grant of their authorization(s). Parties seeking approval for partitioning and disaggregation shall request from the FCC an authorization for partial assignment of a license pursuant to § 1.948 of this chapter . See also paragraph (d) of this section regarding spectrum leasing. ( a ) Partitioning, disaggregation, or combined partitioning and disaggregation. Applicants must file FCC Form 603 (“Assignment of Authorization and Transfer of Control”) pursuant to § 1.948 of this chapter , as well as GIS map files and a reduced-size PDF map pursuant to § 22.953 for both the assignor and assignee. ( b ) Field strength limit. For purposes of partitioning and disaggregation, Cellular systems must be designed so as to comply with § 22.983 . ( c ) License term. The license term for a partitioned license area and for disaggregated spectrum will be the remainder of the original license term. ( d ) Spectrum leasing. Cellular spectrum leasing is subject to all applicable provisions of subpart X of part 1 of this chapter as well as the provisions of paragraph (a) of this section, except that applicants must file FCC Form 608 (“Application or Notification for Spectrum Leasing Arrangement or Private Commons Arrangement”), not FCC Form 603. [ 79 FR 72152 , Dec. 5, 2014] § 22.949 Unserved Area licensing; minimum coverage requirements. ( a ) The Unserved Area licensing process described in this section is on-going and applications may be filed at any time, subject to the following coverage requirements: ( 1 ) Applicants for authority to operate a new Cellular system or expand an existing Cellular Geographic Service Area (CGSA) in Unserved Area must propose a CGSA or CGSA expansion of at least 130 contiguous square kilometers (50 contiguous square miles) using the methodology of § 22.911 . ( 2 ) Applicants for authority to operate a new Cellular system must not propose coverage of water areas only (or water areas and uninhabited islands or reefs only), except for Unserved Area in the Gulf of Mexico Service Area. ( b ) There is no limit to the number of Unserved Area applications that may be granted on each channel block of each CMA that is subject to the procedures of this section. Consequently, Unserved Area applications are mutually exclusive only if the proposed CGSAs would overlap. Mutually exclusive applications are processed using the general procedures under § 22.131 . ( c ) Unserved Area applications under this section may propose a CGSA covering more than one CMA. Each Unserved Area application must request authorization for only one CGSA and must not propose a CGSA overlap with an existing CGSA. ( d ) Settlements among some, but not all, applicants with mutually exclusive applications for Unserved Area (partial settlements) under this section are prohibited. Settlements among all applicants with mutually exclusive applications under this section (full settlements) are allowed and must be filed no later than the date that the FCC Form 175 (short-form) is filed. [ 79 FR 72152 , Dec. 5, 2014] § 22.950 Provision of service in the Gulf of Mexico Service Area (GMSA). The GMSA has been divided into two areas for licensing purposes, the Gulf of Mexico Exclusive Zone (GMEZ) and the Gulf of Mexico Coastal Zone (GMCZ). This section describes these areas and sets forth the process for licensing facilities in these two respective areas within the GMSA. ( a ) The GMEZ and GMCZ are defined as follows: ( 1 ) Gulf of Mexico Exclusive Zone. The geographical area within the Gulf of Mexico Service Area that lies between the coastline line and the southern demarcation line of the Gulf of Mexico Service Area, excluding the area comprising the Gulf of Mexico Coastal Zone. ( 2 ) Gulf of Mexico Coastal Zone. The geographical area within the Gulf of Mexico Service Area that lies between the coast line of Florida and a line extending approximately twelve nautical miles due south from the coastline boundary of the States of Florida and Alabama, and continuing along the west coast of Florida at a distance of twelve nautical miles from the shoreline. The line is defined by Great Circle arcs connecting the following points (geographical coordinates listed as North Latitude, West Longitude) consecutively in the order listed: ( i ) 30°16′49″ N 87°31′06″ W ( ii ) 30°04′35″ N 87°31′06″ W ( iii ) 30°10′56″ N 86°26′53″ W ( iv ) 30°03′00″ N 86°00′29″ W ( v ) 29°33′00″ N 85°32′49″ W ( vi ) 29°23′21″ N 85°02′06″ W ( vii ) 29°49′44″ N 83°59′02″ W ( viii ) 28°54′00″ N 83°05′33″ W ( ix ) 28°34′41″ N 82°53′38″ W ( x ) 27°50′39″ N 83°04′27″ W ( xi ) 26°24′22″ N 82°23′22″ W ( xii ) 25°41′39″ N 81°49′40″ W ( xiii ) 24°59′02″ N 81°15′04″ W ( xiv ) 24°44′23″ N 81°57′04″ W ( xv ) 24°32′37″ N 82°02′01″ W ( b ) Service Area Boundary Calculation. The service area boundary of a cell site located within the Gulf of Mexico Service Area is calculated pursuant to § 22.911(a)(2) . Otherwise, the service area boundary is calculated pursuant to § 22.911(a)(1) or § 22.911(b) . ( c ) Gulf of Mexico Exclusive Zone (GMEZ). GMEZ licensees have an exclusive right to provide Cellular service in the GMEZ, and may add, modify, or remove facilities anywhere within the GMEZ without prior FCC approval. There is no Unserved Area licensing procedure for the GMEZ. ( d ) Gulf of Mexico Coastal Zone (GMCZ). The GMCZ is subject to the Unserved Area licensing procedures set forth in § 22.949 . [ 67 FR 9610 , Mar. 4, 2002, as amended at 79 FR 72152 , Dec. 5, 2014] § 22.951 [Reserved] § 22.953 Content and form of applications for Cellular Unserved Area authorizations. Applications for authority to operate a new Cellular system or to modify an existing Cellular system must comply with the specifications in this section. ( a ) New Systems. In addition to information required by subpart B of this part and by FCC Form 601, applications for an Unserved Area authorization to operate a Cellular system must comply with all applicable requirements set forth in part 1 of this chapter , including the requirements specified in §§ 1.913 , 1.923 , and 1.924 , and must include the information listed below. Geographical coordinates must be correct to ±1 second using the NAD 83 datum. ( 1 ) Exhibit I—Geographic Information System (GIS) map files. Geographic Information System (GIS) map files must be submitted showing the entire proposed CGSA, the new cell sites (transmitting antenna locations), and the service area boundaries of additional and modified cell sites that extend into Unserved Area being claimed as CGSA. See § 22.911 . The FCC will specify the file format required for the GIS map files, which are to be submitted electronically via the Universal Licensing System (ULS). ( 2 ) Exhibit II—Reduced-size PDF map. This map must be 8 1 ⁄ 2 × 11 inches (if possible, a proportional reduction of a 1:500,000 scale map). The map must have a legend, a distance scale, and correctly labeled latitude and longitude lines. The map must be clear and legible. The map must accurately show the entire proposed CGSA, the new cell sites (transmitting antenna locations), the service area boundaries of additional and modified cell sites that extend beyond the CGSA, and the relevant portions of the CMA boundary. See § 22.911 . ( 3 ) Exhibit III—Technical Information. In addition, upon request by an applicant, licensee, or the FCC, a Cellular applicant or licensee of whom the request is made shall furnish the antenna type, model, the name of the antenna manufacturer, antenna gain in the maximum lobe, the beam width of the maximum lobe of the antenna, a polar plot of the horizontal gain pattern of the antenna, antenna height to tip above ground level, the height of the center of radiation of the antenna above the average terrain, the maximum effective radiated power, and the electric field polarization of the wave emitted by the antenna when installed as proposed to the requesting party within ten (10) days of receiving written notification. ( 4 ) - ( 10 ) [Reserved] ( 11 ) Additional information. The FCC may request information not specified in FCC Form 601 or in paragraphs (a)(1) through (a)(3) of this section as necessary to process an application. ( b ) Existing systems—major modifications. Licensees making major modifications pursuant to § 1.929(a) and (b) of this chapter must file FCC Form 601 and comply with the requirements of paragraph (a) of this section. ( c ) Existing systems—minor modifications. Licensees making minor modifications pursuant to § 1.929(k) of this chapter must file FCC Form 601 or FCC Form 603, provided, however, that a resulting reduction in coverage within the CGSA is not subject to this requirement. See § 1.947(b) . See also § 22.169 . If the modification involves a contract SAB extension into or from the Gulf of Mexico Exclusive Zone, it must include a certification that the required written consent has been obtained. See §§ 22.912(c) and 22.950 . [ 79 FR 72152 , Dec. 5, 2014, as amended at 82 FR 17584 , Apr. 12, 2017] §§ 22.955-22.957 [Reserved] § 22.959 Rules governing processing of applications for initial systems. Pending applications for authority to operate the first cellular system on a channel block in an MSA or RSA market continue to be processed under the rules governing the processing of such applications that were in effect when those applications were filed, unless the Commission determines otherwise in a particular case. § 22.960 Cellular operations in the Chambers, TX CMA (CMA672-A). This section applies only to Cellular systems operating on channel block A of the Chambers, Texas CMA (CMA672-A). ( a ) The geographic boundary of CMA672-A is deemed to be the Cellular Geographic Service Area (CGSA) boundary. This CGSA boundary is not determined using the methodology of § 22.911 . The licensee of CMA672-A may not propose an expansion of this CGSA into another CMA unless and until it meets the construction requirement set forth in paragraph (b)(2) of this section. ( b ) A licensee that holds the license for CMA672-A must be providing signal coverage and offering service as follows (and in applying these geographic construction benchmarks, the licensee is to count total land area): ( 1 ) To at least 35% of the geographic area of CMA672-A within four years of the grant of such authorization; and ( 2 ) To at least 70% of the geographic area of its license authorization by the end of the license term. ( c ) After it has met each of the requirements of paragraphs (b)(1) and (b)(2), respectively, of this section, the licensee that holds the license for CMA672-A must notify the FCC that it has met the requirement by submitting FCC Form 601, including GIS map files and other supporting documents showing compliance with the requirement. See § 1.946 of this chapter . See also § 22.953 . ( d ) Failure to meet the construction requirements set forth in paragraphs (b)(1) and (b)(2) of this section by each of the applicable deadlines will result in automatic termination of the license for CMA672-A and its return to the Commission for future re-licensing subject to competitive bidding procedures. The licensee that fails to meet each requirement of this section by the applicable deadline set forth in paragraphs (b)(1) and (b)(2) shall be ineligible to regain the license for CMA672-A. [ 79 FR 72153 , Dec. 5, 2014] § 22.961 Cellular licenses subject to competitive bidding. ( a ) The following applications for Cellular licensed area authorizations are subject to competitive bidding: ( 1 ) Mutually exclusive applications for Unserved Area filed after July 26, 1993; and ( 2 ) Mutually exclusive applications for the initial authorization for CMA672-A (Chambers, TX). ( b ) The competitive bidding procedures set forth in § 22.229 and the general competitive bidding procedures set forth in subpart Q of part 1 of this chapter will apply. [ 79 FR 72153 , Dec. 5, 2014] §§ 22.962-22.969 [Reserved] § 22.970 Unacceptable interference to part 90 non-cellular 800 MHz licensees from cellular radiotelephone or part 90-800 MHz cellular systems. ( a ) Definition. Except as provided in 47 CFR 90.617(k) , unacceptable interference to non-cellular part 90 licensees in the 800 MHz band from cellular radiotelephone or part 90-800 MHz cellular systems will be deemed to occur when the below conditions are met: ( 1 ) A transceiver at a site at which interference is encountered: ( i ) Is in good repair and operating condition, and is receiving: ( A ) A median desired signal of −104 dBm or higher, as measured at the R.F. input of the receiver of a mobile unit; or ( B ) A median desired signal of −101 dBm or higher, as measured at the R.F. input of the receiver of a portable i.e. hand-held unit; and, either ( ii ) Is a voice transceiver: ( A ) With manufacturer published performance specifications for the receiver section of the transceiver equal to, or exceeding, the minimum standards set out in paragraph (b) of this section, below; and; ( B ) Receiving an undesired signal or signals which cause the measured Carrier to Noise plus interference (C/(I + N)) ratio of the receiver section of said transceiver to be less than 20 dB, or, ( iii ) Is a non-voice transceiver receiving an undesired signal or signals which cause the measured bit error rate (BER) (or some comparable specification) of the receiver section of said transceiver to be more than the value reasonably designated by the manufacturer. ( 2 ) Provided, however, that if the receiver section of the mobile or portable voice transceiver does not conform to the standards set out in paragraph (b) of this section, then that transceiver shall be deemed subject to unacceptable interference only at sites where the median desired signal satisfies the applicable threshold measured signal power in paragraph (a)(1)(i) of this section after an upward adjustment to account for the difference in receiver section performance. The upward adjustment shall be equal to the increase in the desired signal required to restore the receiver section of the subject transceiver to the 20 dB C/(I + N) ratio of paragraph (a)(1)(ii)(B) of this section. The adjusted threshold levels shall then define the minimum measured signal power(s) in lieu of paragraphs (a)(1)(i) of this section at which the licensee using such non-compliant transceiver is entitled to interference protection. ( b ) Minimum receiver requirements. Voice transceivers capable of operating in the 806-824 MHz portion of the 800 MHz band shall have the following minimum performance specifications in order for the system in which such transceivers are used to claim entitlement to full protection against unacceptable interference (See paragraph (a) (2) of this section). ( 1 ) Voice units intended for mobile use: 75 dB intermodulation rejection ratio; 75 dB adjacent channel rejection ratio; −116 dBm reference sensitivity. ( 2 ) Voice units intended for portable use: 70 dB intermodulation rejection ratio; 70 dB adjacent channel rejection ratio; −116 dBm reference sensitivity. [ 69 FR 67834 , Nov. 22, 2004, as amended at 70 FR 76707 , Dec. 28, 2005] § 22.971 Obligation to abate unacceptable interference. ( a ) Strict Responsibility. Any licensee who, knowingly or unknowingly, directly or indirectly, causes or contributes to causing unacceptable interference to a non-cellular part 90 of this chapter licensee in the 800 MHz band, as defined in § 22.970 , shall be strictly accountable to abate the interference, with full cooperation and utmost diligence, in the shortest time practicable. Interfering licensees shall consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in § 22.972(c) . This strict responsibility obligation applies to all forms of interference, including out-of-band emissions and intermodulation. ( b ) Joint and several responsibility. If two or more licensees knowingly or unknowingly, directly or indirectly, cause or contribute to causing unacceptable interference to a non-cellular part 90 of this chapter licensee in the 800 MHz band, as defined in § 22.970 , such licensees shall be jointly and severally responsible for abating interference, with full cooperation and utmost diligence, in the shortest practicable time. ( 1 ) This joint and several responsibility rule requires interfering licensees to consider all feasible interference abatement measures, including, but not limited to, the remedies specified in the interference resolution procedures set forth in § 22.972(c) . This joint and several responsibility rule applies to all forms of interference, including out-of-band emissions and intermodulation. ( 2 ) Any licensee that can show that its signal does not directly or indirectly, cause or contribute to causing unacceptable interference to a non-cellular part 90 of this chapter licensee in the 800 MHz band, as defined in this chapter, shall not be held responsible for resolving unacceptable interference. Notwithstanding, any licensee that receives an interference complaint from a public safety/CII licensee shall respond to such complaint consistent with the interference resolution procedures set forth in this chapter. [ 69 FR 67834 , Nov. 22, 2004, as amended at 70 FR 76707 , Dec. 28, 2005] § 22.972 Interference resolution procedures. ( a ) Initial notification. ( 1 ) Cellular Radiotelephone licensees may receive initial notification of interference from non-cellular part 90 of this chapter licensees in the 800 MHz band pursuant to § 90.674(a) of this chapter . ( 2 ) Cellular Radiotelephone licensees, in conjunction with part 90 ESMR licensees, shall establish an electronic means of receiving the initial notification described in § 90.674(a) of this chapter . The electronic system must be designed so that all appropriate Cellular Radiotelephone licensees and part 90 ESMR licensees can be contacted about the interference incident with a single notification. The electronic system for receipt of initial notification of interference complaints must be operating no later than February 22, 2005. ( 3 ) Cellular Radiotelephone licensees must respond to the initial notification described in § 90.674(a) of this chapter , as soon as possible and no later than 24 hours after receipt of notification from a part 90 public safety/CII licensee. This response time may be extended to 48 hours after receipt from other part 90 non-cellular licensees provided affected communications on these systems are not safety related. ( b ) Interference analysis. Cellular Radiotelephone licensees—who receive an initial notification described in § 90.674(a) of this chapter —shall perform a timely analysis of the interference to identify the possible source. Immediate on-site visits may be conducted when necessary to complete timely analysis. Interference analysis must be completed and corrective action initiated within 48 hours of the initial complaint from a part 90 of this chapter public safety/CII licensee. This response time may be extended to 96 hours after the initial complaint from other part 90 of this chapter non-cellular licensees provided affected communications on these systems are not safety related. Corrective action may be delayed if the affected licensee agrees in writing (which may be, but is not required to be, recorded via e-mail or other electronic means) to a longer period. ( c ) Mitigation steps. ( 1 ) All Cellular Radiotelephone and part 90 of this chapter —800 MHz cellular system licensees who are responsible for causing unacceptable interference shall take all affirmative measures to resolve such interference. Cellular Radiotelephone licensees found to contribute to unacceptable interference, as defined in § 22.970 , shall resolve such interference in the shortest time practicable. Cellular Radiotelephone licensees and part 90 of this chapter —800 MHz cellular system licensees must provide all necessary test apparatus and technical personnel skilled in the operation of such equipment as may be necessary to determine the most appropriate means of timely eliminating the interference. However, the means whereby interference is abated or the cell parameters that may need to be adjusted is left to the discretion of the Cellular Radiotelephone and/or part 90 of this chapter —800 MHz cellular system licensees, whose affirmative measures may include, but not be limited to, the following techniques: ( i ) Increasing the desired power of the public safety/CII signal; ( ii ) Decreasing the power of the part 90 ESMR and/or Cellular Radiotelephone system signal; ( iii ) Modifying the part 90 ESMR and/or Cellular Radiotelephone system antenna height; ( iv ) Modifying the part 90 ESMR and/or Cellular Radiotelephone system antenna characteristics; ( v ) Incorporating filters into part 90 ESMR and/or Cellular Radiotelephone transmission equipment; ( vi ) Permanently changing part 90 ESMR and/or Cellular Radiotelephone frequencies; and ( vii ) Supplying interference-resistant receivers to the affected public safety/CII licensee(s). If this technique is used, in all circumstances, Cellular Radiotelephone and/or part 90 of this chapter ESMR licensees shall be responsible for all costs thereof. ( 2 ) Whenever short-term interference abatement measures prove inadequate, the affected part 90 of this chapter non-cellular licensee shall, consistent with but not compromising safety, make all necessary concessions to accepting interference until a longer-term remedy can be implemented. ( 3 ) Discontinuing operations when clear imminent danger exists. When a part 90 of this chapter public safety licensee determines that a continuing presence of interference constitutes a clear and imminent danger to life or property, the licensee causing the interference must discontinue the associated operation immediately, until a remedy can be identified and applied. The determination that a continuing presence exists that constitutes a clear and imminent danger to life or property, must be made by written statement that: ( i ) Is in the form of a declaration, notarized affidavit, or statement under penalty or perjury, from an officer or executive of the affected public safety licensee; ( ii ) Thoroughly describes the basis of the claim of clear and imminent danger; ( iii ) Was formulated on the basis of either personal knowledge or belief after due diligence; ( iv ) Is not proffered by a contractor or other third party; and ( v ) Has been approved by the Chief of the Public Safety and Homeland Security Bureau or other designated Commission official. Prior to the authorized official making a determination that a clear and imminent danger exists, the associated written statement must be served by hand-delivery or receipted fax on the applicable offending licensee, with a copy transmitted by the fastest available means to the Washington, DC office of the Commission's Public Safety and Homeland Security Bureau. [ 69 FR 67834 , Nov. 22, 2004, as amended at 70 FR 76707 , Dec. 28, 2005; 71 FR 69038 , Nov. 29, 2006] § 22.973 Information exchange. ( a ) Prior notification. Public safety/CII licensees may notify a part 90 ESMR or cellular radiotelephone licensee that they wish to receive prior notification of the activation or modification of part 90 ESMR or cellular radiotelephone cell sites in their area. Thereafter, the part 90 ESMR or cellular radiotelephone licensee must provide the following information to the public safety/CII licensee at least 10 business days before a new cell site is activated or an existing cell site is modified: ( 1 ) Location; ( 2 ) Effective radiated power; ( 3 ) Antenna height; ( 4 ) Channels available for use. ( b ) Purpose of prior notification. The prior coordination of cell sites is for informational purposes only. Public safety/CII licensees are not afforded the right to accept or reject the activation of a proposed cell or to unilaterally require changes in its operating parameters. The principal purposes of notification are to: ( 1 ) Allow a public safety licensee to advise the part 90 of this chapter ESMR or Cellular Radiotelephone licensee whether it believes a proposed cell will generate unacceptable interference; ( 2 ) Permit Cellular Radiotelephone or part 90 of this chapter ESMR licensees to make voluntary changes in cell parameters when a public safety licensee alerts them to possible interference; and ( 3 ) Rapidly identify the source if interference is encountered when the cell is activated. [ 69 FR 67834 , Nov. 22, 2004] § 22.983 Field strength limit. ( a ) Subject to paragraphs (b) and (c) of this section, a licensee's predicted or measured median field strength limit must not exceed 40 dBµV/m at any given point along the Cellular Geographic Service Area (CGSA) boundary of a neighboring licensee on the same channel block, unless the affected licensee of the neighboring CGSA on the same channel block agrees to a different field strength. This also applies to CGSAs partitioned pursuant to § 22.948 . ( b ) Gulf of Mexico Service Area. Notwithstanding the field strength limit provision set forth in paragraph (a) of this section, licensees in or adjacent to the Gulf of Mexico Exclusive Zone are subject to § 22.912(c) regarding service area boundary extensions. See § 22.912(c) . ( c ) Cellular licensees shall be subject to all applicable provisions and requirements of treaties and other international agreements between the United States government and the governments of Canada and Mexico, notwithstanding paragraphs (a) and (b) of this section. [ 79 FR 72153 , Dec. 5, 2014] Subpart I—Offshore Radiotelephone Service § 22.1001 Scope. The rules in this subpart govern the licensing and operation of offshore radiotelephone stations. The licensing and operation of these stations and systems is also subject to rules elsewhere in this part that apply generally to the public mobile services. However, in case of conflict, the rules in this subpart govern. § 22.1003 Eligibility. Any eligible entity (see § 22.7 ) may apply for central station license(s) and/or offshore subscriber licenses under this subpart. [ 70 FR 19312 , Apr. 13, 2005] § 22.1005 Priority of service. Facilities in the Offshore Radiotelephone Service are intended primarily for rendition of public message service between offshore subscriber and central stations. However, they may also be used to render private leased line communication service, provided that such usage does not reduce or impair the extent or quality of communication service which would be available, in the absence of private leased line service, to the general public receiving or subsequently requesting public message service from an offshore central station. § 22.1007 Channels for offshore radiotelephone systems. The channels listed in this section are allocated for paired assignment to transmitters located in the specified geographical zones that provide offshore radiotelephone service. All channels have a bandwidth of 20 kHz and are designated by their center frequencies in MegaHertz. ( a ) Zone A—Southern Louisiana. The geographical area in Zone A is bounded as follows: From longitude W.87°45′ on the East to longitude W.94°00′ on the West and from the 4.8 kilometer (3 mile) limit along the Gulf of Mexico shoreline on the North to the limit of the Outer Continental Shelf on the South. ( 1 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for voice-grade general communications: Central Subscriber Central Subscriber 488.025 491.025 488.225 491.225 488.050 491.050 488.250 491.250 488.075 491.075 488.275 491.275 488.100 491.100 488.300 491.300 488.125 491.125 488.325 491.325 488.150 491.150 488.350 491.350 488.175 491.175 488.375 491.375 488.200 491.200 488.400 491.400 ( 2 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for voice-grade general communications and private line service: Central Subscriber Central Subscriber 488.425 491.425 488.575 491.575 488.450 491.450 488.600 491.600 488.475 491.475 488.625 491.625 488.500 491.500 488.650 491.650 488.525 491.525 488.675 491.675 488.550 491.550 488.700 491.700 ( 3 ) These channels may be assigned for use by relay stations in systems where it would be impractical to provide offshore radiotelephone service without the use of relay stations. Central Subscriber Central Subscriber 488.725 491.725 488.775 491.775 488.750 491.750 488.800 491.800 ( 4 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for emergency communications involving protection of life and property. Central Subscriber Central Subscriber 488.825 491.825 488.875 491.875 488.850 491.850 488.900 491.900 ( 5 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for emergency auto alarm and voice transmission pertaining to emergency conditions only. Central Subscriber 488.950 491.950 ( 6 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for emergency shut-off remote control telemetry, environmental data acquisition and disseminations, or facsimile transmissions. Central Subscriber Central Subscriber 489.000 492.000 489.200 492.200 489.025 492.025 489.225 492.225 489.050 492.050 489.250 492.250 489.075 492.075 489.275 492.275 489.100 492.100 489.300 492.300 489.125 492.125 489.325 492.325 489.150 492.150 489.350 492.350 489.175 492.175 489.375 492.375 ( 7 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for private line service: Central Subscriber Central Subscriber 489.400 492.400 489.725 492.725 489.425 492.425 489.750 492.750 489.450 492.450 489.775 492.775 489.475 492.475 489.800 492.800 489.500 492.500 489.825 492.825 489.525 492.525 489.850 492.850 489.550 492.550 489.875 492.875 489.575 492.575 489.900 492.900 489.600 492.600 489.925 492.925 489.625 492.625 489.950 492.950 489.650 492.650 489.975 492.975 489.675 492.675 490.000 493.000 489.700 492.700 ( 8 ) Interstitial channels. Interstitial channels are those with center frequencies offset by ±12.5 kHz from the listed center frequencies. The FCC may assign interstitial channels to offshore stations in Zone A subject to the following conditions: ( i ) Offshore stations transmitting on interstitial channels must be located east of W.92° longitude. ( ii ) Operations on interstitial channels are considered to be secondary to operations on channels with the listed center frequencies. ( iii ) Offshore stations operating on interstitial channels must be used only for voice grade general communications or to provide for private line service. Note to paragraph ( a ) of § 22.1007 : These channels are contained in UHF TV Channel 17. ( b ) Zone B—Southern Louisiana—Texas. ( 1 ) The geographical area in Zone B is bounded as follows: From longitude W.87°45′ on the East to longitude W.95°00′ on the West and from the 4.8 kilometer (3 mile) limit along the Gulf of Mexico shoreline on the North to the limit of the Outer Continental Shelf on the South. ( 2 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for voice-grade general communications and private line service: Central Subscriber Central Subscriber 485.025 482.025 486.025 483.025 485.050 482.050 486.050 483.050 485.075 482.075 486.075 483.075 485.100 482.100 486.100 483.100 485.125 482.125 486.125 483.125 485.150 482.150 485.150 483.150 485.175 482.175 486.175 483.175 485.200 482.200 486.200 483.200 485.225 482.225 486.225 483.225 485.250 482.250 486.250 483.250 485.275 482.275 486.275 483.275 485.300 482.300 486.300 483.300 485.325 482.325 486.325 483.325 485.350 482.350 486.350 483.350 485.375 482.375 486.375 483.375 485.400 482.400 486.400 483.400 485.425 482.425 486.425 483.425 485.450 482.450 486.450 483.450 485.475 482.475 486.475 483.475 485.500 482.500 486.500 483.500 485.525 482.525 486.525 483.525 485.550 482.550 484.550 483.550 485.575 482.575 486.575 483.575 485.600 482.600 486.600 483.600 485.625 482.625 486.625 483.625 485.650 482.650 486.650 483.650 485.675 482.675 486.675 483.675 485.700 482.700 486.700 483.700 485.725 482.725 486.725 483.725 485.750 482.750 486.750 483.750 485.775 482.775 486.775 483.775 485.800 482.800 486.800 483.800 485.825 482.825 486.825 483.825 485.850 482.850 486.850 483.850 485.875 482.875 486.875 483.875 485.900 482.900 486.900 483.900 485.925 482.925 486.925 483.925 485.950 482.950 486.950 483.950 485.975 482.975 486.975 483.975 486.000 483.000 487.050 480.050 Note to paragraph ( b ) of § 22.1007 : These channels are contained in UHF TV Channel 16. ( c ) Zone C—Southern Texas. The geographical area in Zone C is bounded as follows: Longitude W.94°00′ on the East, the 4.8 kilometer (3 mile) limit on the North and West, a 282 kilometer (175 mile) radius from the reference point at Linares, N.L., Mexico on the Southwest, latitude N.26°00′ on the South, and the limits of the outer continental shelf on the Southeast. ( 1 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for emergency auto alarm and voice transmission pertaining to emergency conditions only. Central Subscriber 476.950 479.950 ( 2 ) These channels may be assigned for use by offshore central (base/fixed) or subscriber stations (fixed, temporary fixed, surface and/or airborne mobile) as indicated, for voice-grade general communications and private line service: 476.025 479.025 476.050 479.050 476.075 479.075 476.100 479.100 476.125 479.125 476.150 479.150 476.175 479.175 476.200 479.200 476.225 479.225 476.250 479.250 476.275 479.275 476.300 479.300 476.325 479.325 476.350 479.350 476.375 479.375 476.400 479.400 476.425 479.425 476.450 479.450 476.475 479.475 476.500 479.500 476.525 479.525 476.550 479.550 476.575 479.575 476.600 479.600 476.625 479.625 476.650 479.650 476.675 479.675 476.700 479.700 476.725 479.725 476.750 479.750 476.775 479.775 476.800 479.800 476.825 479.825 476.850 479.850 476.875 479.875 476.900 479.900 477.000 480.000 477.025 480.025 477.075 480.075 477.100 480.100 477.125 480.125 477.150 480.150 477.175 480.175 477.200 480.200 477.225 480.225 477.250 480.250 477.275 480.275 477.300 480.300 477.325 480.325 477.350 480.350 477.375 480.375 477.400 480.400 477.425 480.425 477.450 480.450 477.475 480.475 477.500 480.500 477.525 480.525 477.550 480.550 477.575 480.575 477.600 480.600 477.625 480.625 477.650 480.650 477.675 480.675 477.700 480.700 477.725 480.725 477.750 480.750 477.775 480.775 477.800 480.800 477.825 480.825 477.850 480.850 477.875 480.875 477.900 480.900 477.925 480.925 477.950 480.950 477.975 480.975 [ 59 FR 59507 , Nov. 17, 1994; 60 FR 9891 , Feb. 22, 1995] § 22.1009 Transmitter locations. The rules in this section establish limitations on the locations from which stations in the Offshore Radiotelephone Service may transmit. ( a ) All stations. Offshore stations must not transmit from locations outside the boundaries of the appropriate zones specified in § 22.1007 . Offshore stations must not transmit from locations within 241 kilometers (150 miles) of any full-service television station that transmits on the TV channel containing the channel on which the offshore station transmits. ( b ) Airborne subscriber stations. Airborne subscriber stations must not transmit from altitudes exceeding 305 meters (1000 feet) above mean sea level. Airborne mobile stations in Zone A must not transmit from locations within 129 kilometers (80 miles) of Lake Charles, Louisiana. Airborne mobile stations in Zone B must not transmit from locations within 129 kilometers (80 miles) of Lafayette, Louisiana. Airborne mobile stations in Zone C must not transmit from locations within 129 kilometers (80 miles) of Corpus Christi or locations within 129 kilometers (80 miles) of Houston, Texas. § 22.1011 Antenna height limitations. The antenna height of offshore stations must not exceed 61 meters (200 feet) above mean sea level. The antenna height of offshore surface mobile stations must not exceed 10 meters (30 feet) above the waterline. § 22.1013 Effective radiated power limitations. The effective radiated power (ERP) of transmitters in the Offshore Radiotelephone Service must not exceed the limits in this section. ( a ) Maximum power. The ERP of transmitters in this service must not exceed 1000 Watts under any circumstances. ( b ) Mobile transmitters. The ERP of mobile transmitters must not exceed 100 Watts. The ERP of mobile transmitters, when located within 32 kilometers (20 miles) of the 4.8 kilometer (3 mile) limit, must not exceed 25 Watts. The ERP of airborne mobile stations must not exceed 1 Watt. ( c ) Protection for TV Reception. The ERP limitations in this paragraph are intended to reduce the likelihood that interference to television reception from offshore radiotelephone operations will occur. ( 1 ) Co-channel protection. The ERP of offshore stations must not exceed the limits in Table I-1 of this section. The limits depend upon the height above mean sea level of the offshore transmitting antenna and the distance between the antenna location of the offshore transmitter and the antenna location of the main transmitter of the nearest full-service television station that transmits on the TV channel containing the channel on which the offshore station transmits. ( 2 ) Adjacent channel protection. The ERP of offshore stations located within 128.8 kilometers (80 miles) of the main transmitter antenna of a full service TV station that transmits on a TV channel adjacent to the TV channel which contains the channel on which the offshore station transmits must not exceed the limits in the Table I-2 of § 22.1015 . The limits depend upon the height above mean sea level of the offshore transmitting antenna and the distance between the location of the offshore transmitter and the 4.8 kilometer (3 mile) limit. Table I-1—Maximum ERP (Watts) Distance 30 meters (100 feet) 45 meters (150 feet) 61 meters (200 feet) 338 km (210 mi) 1000 1000 1000 330 km (205 mi) 1000 900 800 2 km (200 mi) 800 710 630 314 km (195 mi) 590 520 450 306 km (190 mi) 450 400 330 298 km (185 mi) 320 280 240 290 km (180 mi) 250 210 175 282 km (175 mi) 180 150 130 274 km (170 mi) 175 110 100 266 km (165 mi) 95 80 70 258 km (160 mi) 65 55 50 249 km (155 mi) 50 40 35 241 km (150 mi) 35 30 25 § 22.1015 Repeater operation. Offshore central stations may be used as repeater stations provided that the licensee is able to maintain control of the station, and in particular, to turn the transmitter off, regardless of whether associated subscriber stations are transmitting at the time. Table I-2—Maximum ERP (Watts) Distance from the 4.8 km (3 mi) limit 30 meters (100 feet) 61 meters (200 feet) 6.4 km (4 mi) 25 6 8.0 km (5 mi) 40 10 9.7 km (6 mi) 65 15 11.3 km (7 mi) 100 25 12.9 km (8 mi) 150 35 14.5 km (9 mi) 215 50 16.1 km (10 mi) 295 70 17.7 km (11 mi) 400 100 19.3 km (12 mi) 530 130 20.9 km (13 mi) 685 170 22.5 km (14 mi) 870 215 24.1 km (15 mi) 1000 270 25.7 km (16 mi) 1000 415 27.4 km (17 mi) 1000 505 29.0 km (18 mi) 1000 610 30.6 km (19 mi) 1000 730 32.2 km (20 mi) 1000 865 33.8 km (21 mi) 1000 1000 § 22.1025 Permissible communications. Offshore central stations must communicate only with subscriber stations (fixed, temporary-fixed, mobile and airborne). Offshore subscriber stations must normally communicate only with and through offshore central stations. Stations in the Offshore Radiotelephone Service may communicate through relay stations authorized in this service. § 22.1031 Temporary fixed stations. The FCC may, upon proper application therefor, authorize the construction and operation of temporary fixed stations in the Offshore Radiotelephone service to be used only when the service of permanent fixed stations is disrupted by storms or emergencies or is otherwise unavailable. ( a ) Six month limitation. If it is necessary for a temporary fixed station to remain at the same location for more than six months, the licensee of that station must apply for authorization to operate the station at the specific location at least 30 days before the end of the six month period. ( b ) International communications. Communications between the United States and Mexico must not be carried using a temporary fixed station without prior authorization from the FCC. Licensees desiring to carry such communications should apply sufficiently in advance to allow for the time necessary to coordinate with Canada or Mexico. § 22.1035 Construction period. The construction period (see § 22.142 ) for offshore stations is 18 months. § 22.1037 Application requirements for offshore stations. Applications for new Offshore Radiotelephone Service stations must contain an exhibit showing that: ( a ) The applicant has notified all licensees of offshore stations located within 321.8 kilometers (200 miles) of the proposed offshore station, by providing the following data, at least 30 days before filing the application: ( 1 ) The name, business address, channel coordinator, and telephone number of the applicant; ( 2 ) The location and geographical coordinates of the proposed station; ( 3 ) The channel and type of emission; ( 4 ) The height and type of antenna; ( 5 ) The bearing of the main lobe of the antenna; and, ( 6 ) The effective radiated power. ( b ) The proposed station will not interfere with the primary ORS channels by compliance with the following separations: ( 1 ) Co-channel to a distance of 241.4 kilometers (150 miles). ( 2 ) If interstitial channels are used, adjacent channels (±12.5 kHz) to a distance of 80.5 kilometers (50 miles). ( 3 ) Third order intermodulation channels (±12.5 kHz) to a distance of 32.2 kilometers (20 miles). ( 4 ) If the proposed transmitting antenna site is located west of longitude W.93°40′, and within 32.2 kilometers (20 miles) of the shoreline, and proposed use of the channels listed in § 22.1007(b) , no third-order intermodulation interference would be caused to any base or mobile station using the channels between 488 and 494 MHz.
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PART 17—CONSTRUCTION, MARKING, AND LIGHTING OF ANTENNA STRUCTURES Authority: 47 U.S.C. 154 , 301 , 303 , 309 . Subpart A—General Information § 17.1 Basis and purpose. ( a ) The rules in this part are issued pursuant to the authority contained in Title III of the Communications Act of 1934, as amended, which vest authority in the Federal Communications Commission to issue licenses to radio stations when it is found that the public interest, convenience, and necessity would be served thereby, and to require the painting, and/or illumination of antenna structures if and when in its judgment such structures constitute, or there is reasonable possibility that they may constitute, a menace to air navigation. ( b ) The purpose of this part is to prescribe certain procedures for antenna structure registration and standards with respect to the Commission's consideration of proposed antenna structures which will serve as a guide to antenna structure owners. [ 61 FR 4362 , Feb. 6, 1996, as amended at 79 FR 56984 , Sept. 24, 2014] § 17.2 Definitions. ( a ) Antenna structure. The term antenna structure means a structure that is constructed or used to transmit radio energy, or that is constructed or used for the primary purpose of supporting antennas to transmit and/or receive radio energy, and any antennas and other appurtenances mounted thereon, from the time construction of the supporting structure begins until such time as the supporting structure is dismantled. ( b ) Antenna farm area. A geographical location, with established boundaries, designated by the Federal Communications Commission, in which antenna structures with a common impact on aviation may be grouped. ( c ) Antenna structure owner. For the purposes of this part, an antenna structure owner is the individual or entity vested with ownership, equitable ownership, dominion, or title to the antenna structure that is constructed or used to transmit radio energy, or the underlying antenna structure that supports or is intended to support antennas and other appurtenances. Notwithstanding any agreements made between the owner and any entity designated by the owner to maintain the antenna structure, the owner is ultimately responsible for compliance with the requirements of this part. ( d ) Antenna structure registration number. A unique number, issued by the Commission during the registration process, which identifies an antenna structure. Once obtained, this number must be used in all filings related to this structure. [ 32 FR 8813 , June 21, 1967, and 32 FR 11268 , Aug. 3, 1967, as amended at 39 FR 26157 , July 17, 1974; 61 FR 4362 , Feb. 6, 1996; 79 FR 56984 , Sept. 24, 2014] § 17.4 Antenna structure registration. ( a ) The owner of any proposed or existing antenna structure that requires notice of proposed construction to the Federal Aviation Administration (FAA) due to physical obstruction must register the structure with the Commission. (See § 17.7 for FAA notification requirements.) This includes those structures used as part of stations licensed by the Commission for the transmission of radio energy, or to be used as part of a cable television head end system. If a Federal Government antenna structure is to be used by a Commission licensee, the structure must be registered with the Commission. If the FAA exempts an antenna structure from notification, it is exempt from the requirement that it register with the Commission. (See § 17.7(e) for exemptions to FAA notification requirements.) ( 1 ) For a proposed antenna structure or alteration of an existing antenna structure, the owner must register the structure prior to construction or alteration. ( 2 ) For a structure that did not originally fall under the definition of “antenna structure,” the owner must register the structure prior to hosting a Commission licensee. ( b ) Except as provided in paragraph (e) of this section, each owner of an antenna structure described in paragraph (a) of this section must electronically file FCC Form 854 with the Commission. Additionally, each owner of a proposed structure referred to in paragraph (a) of this section must submit a valid FAA determination of “no hazard.” In order to be considered valid by the Commission, the FAA determination of “no hazard” must not have expired prior to the date on which FCC Form 854 is received by the Commission. The height of the structure will be the highest point of the structure including any obstruction lighting or lightning arrester. If an antenna structure is not required to be registered under paragraph (a) of this section and it is voluntarily registered with the Commission after October 24, 2014, the registrant must note on FCC Form 854 that the registration is voluntary. Voluntarily registered antenna structures are not subject to the lighting and marking requirements contained in this part. ( c ) Each prospective applicant must complete the environmental notification process described in this paragraph, except as specified in paragraph (c)(1) of this section. ( 1 ) Exceptions from the environmental notification process. Completion of the environmental notification process is not required when FCC Form 854 is submitted solely for the following purposes: ( i ) For notification only, such as to report a change in ownership or contact information, or the dismantlement of an antenna structure; ( ii ) For a reduction in height of an antenna structure or an increase in height that does not constitute a substantial increase in size as defined in paragraph I(E)(1)-(3) of appendix B to part 1 of this chapter , provided that there is no construction or excavation more than 30 feet beyond the existing antenna structure property; ( iii ) For removal of lighting from an antenna structure or adoption of a more preferred or equally preferred lighting style. For this purpose lighting styles are ranked as follows (with the most preferred lighting style listed first and the least preferred listed last): no lights; FAA Lighting Styles that do not involve use of red steady lights; and FAA Lighting Styles that involve use of red steady lights. A complete description of each FAA Lighting Style and the manner in which it is to be deployed can be found in the current version of FAA, U.S. Dept. of Transportation, Advisory Circular: Obstruction Marking and Lighting, AC 70/7460; ( iv ) For replacement of an existing antenna structure at the same geographic location that does not require an Environmental Assessment (EA) under § 1.1307(a) through (d) of this chapter , provided the new structure will not use a less preferred lighting style, there will be no substantial increase in size as defined in paragraph I(E)(1)-(3) of appendix B to part 1 of this chapter , and there will be no construction or excavation more than 30 feet beyond the existing antenna structure property; ( v ) For any other change that does not alter the physical structure, lighting, or geographic location of an existing structure; ( vi ) For construction, modification, or replacement of an antenna structure on Federal land where another Federal agency has assumed responsibility for evaluating the potentially significant environmental effect of the proposed antenna structure on the quality of the human environment and for invoking any required environmental impact statement process, or for any other structure where another Federal agency has assumed such responsibilities pursuant to a written agreement with the Commission ( see § 1.1311(e) of this chapter ); or ( vii ) For the construction or deployment of an antenna structure that will: ( A ) Be in place for no more than 60 days, ( B ) Requires notice of construction to the FAA, ( C ) Does not require marking or lighting under FAA regulations, ( D ) Will be less than 200 feet in height above ground level, and ( E ) Will either involve no excavation or involve excavation only where the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least two feet. An applicant that relies on this exception must wait 30 days after removal of the antenna structure before relying on this exception to deploy another antenna structure covering substantially the same service area. ( 2 ) Commencement of the environmental notification process. The prospective applicant shall commence the environmental notification process by filing information about the proposed antenna structure with the Commission. This information shall include, at a minimum, all of the information required on FCC Form 854 regarding ownership and contact information, geographic location, and height, as well as the type of structure and anticipated lighting. The Wireless Telecommunications Bureau may utilize a partially completed FCC Form 854 to collect this information. ( 3 ) Local notice. The prospective applicant must provide local notice of the proposed new antenna structure or modification of an existing antenna structure through publication in a newspaper of general circulation or other appropriate means, such as through the public notification provisions of the relevant local zoning process. The local notice shall contain all of the descriptive information as to geographic location, configuration, height and anticipated lighting specifications reflected in the submission required pursuant to paragraph (c)(2) of this section. It must also provide information as to the procedure for interested persons to file Requests for environmental processing pursuant to §§ 1.1307(c) and 1.1313(b) of this chapter , including any assigned file number, and state that such Requests may only raise environmental concerns. ( 4 ) National notice. On or after the local notice date provided by the prospective applicant, the Commission shall post notification of the proposed construction on its Web site. This posting shall include the information contained in the initial filing with the Commission or a link to such information. The posting shall remain on the Commission's Web site for a period of 30 days. ( 5 ) Requests for environmental processing. Any Request filed by an interested person pursuant to §§ 1.1307(c) and 1.1313(b) of this chapter must be received by the Commission no later than 30 days after the proposed antenna structure goes on notice pursuant to paragraph (c)(4) of this section. The Wireless Telecommunications Bureau shall establish by public notice the process for filing Requests for environmental processing and responsive pleadings consistent with the following provisions. ( i ) Service and pleading cycle. The interested person or entity shall serve a copy of its Request on the prospective ASR applicant pursuant to § 1.47 of this chapter . Oppositions may be filed no later than 10 days after the time for filing Requests has expired. Replies to oppositions may be filed no later than 5 days after the time for filing oppositions has expired. Oppositions shall be served upon the Requester, and replies shall be served upon the prospective applicant. ( ii ) Content. An Environmental Request must state why the interested person or entity believes that the proposed antenna structure or physical modification of an existing antenna structure may have a significant impact on the quality of the human environment for which an Environmental Assessment must be considered by the Commission as required by § 1.1307 of this chapter , or why an Environmental Assessment submitted by the prospective Antenna Structure Registration (ASR) applicant does not adequately evaluate the potentially significant environmental effects of the proposal. The Request must be submitted as a written petition filed electronically, setting forth in detail the reasons supporting Requester's contentions. If the filer is unable to submit electronically, or if filing electronically would be unreasonably burdensome, the Request may be submitted by mail, with a request for waiver under § 1.1304(b) of this chapter . ( 6 ) Amendments. The prospective applicant must file an amendment to report any substantial change in the information provided to the Commission. An amendment will not require further local or national notice if the only reported change is a reduction in the height of the proposed new or modified antenna structure; if proposed lighting is removed or changed to a more preferred or equally preferred lighting style as set forth in paragraph (c)(1)(iii) of this section; or if the amendment reports only administrative changes that are not subject to the requirements specified in this paragraph. All other changes to the physical structure, lighting, or geographic location data for a proposed registered antenna structure require additional local and national notice and a new period for filing Requests pursuant to paragraphs (c)(3) , (c)(4) , and (c)(5) of this section. ( 7 ) Environmental Assessments. If an Environmental Assessment (EA) is required under § 1.1307 of this chapter , the antenna structure registration applicant shall attach the EA to its environmental submission, regardless of any requirement that the EA also be attached to an associated service-specific license or construction permit application. The contents of an EA are described in §§ 1.1308 and 1.1311 of this chapter . The EA may be provided either with the initial environmental submission or as an amendment. If the EA is submitted as an amendment, the Commission shall post notification on its Web site for another 30 days pursuant to paragraph (c)(4) of this section and accept additional Requests pursuant to paragraph (c)(5) of this section. However, additional local notice pursuant to paragraph (c)(3) of this section shall not be required unless information has changed pursuant to paragraph (c)(6) of this section. The applicant shall serve a copy of the EA upon any party that has previously filed a Request pursuant to paragraph (c)(5) of this section. ( 8 ) Disposition. The processing Bureau shall resolve all environmental issues, in accordance with the environmental regulations ( 47 CFR 1.1301 through 1.1319 ) specified in part 1 of this chapter , before the tower owner, or the first tenant licensee acting on behalf of the owner, may complete the antenna structure registration application. In a case where no EA is submitted, the Bureau shall notify the applicant whether an EA is required under § 1.1307(c) or (d) of this chapter . In a case where an EA is submitted, the Bureau shall either grant a Finding of No Significant Impact (FONSI) or notify the applicant that further environmental processing is required pursuant to § 1.1308 of this chapter . Upon filing the completed antenna structure registration application, the applicant shall certify that the construction will not have a significant environmental impact, unless an Environmental Impact Statement is prepared pursuant to § 1.1314 of this chapter . ( 9 ) Transition rule. An antenna structure registration application that is pending with the Commission as of the effective date of this paragraph (c) shall not be required to complete the environmental notification process set forth in this paragraph. The Commission will publish a document in the Federal Register announcing the effective date. However, if such an application is amended in a manner that would require additional notice pursuant to paragraph (c)(6) of this section, then such notice shall be required. ( d ) If a final FAA determination of “no hazard” is not submitted along with FCC Form 854, processing of the registration may be delayed or disapproved. ( e ) If the owner of the antenna structure cannot file FCC Form 854 because it is subject to a denial of Federal benefits under the Anti-Drug Abuse Act of 1988, 21 U.S.C. 862 , the first tenant licensee authorized to locate on the structure (excluding tenants that no longer occupy the structure) must register the structure electronically using FCC Form 854, and provide a copy of the Antenna Structure Registration (FCC Form 854R) to the owner. The owner remains responsible for providing to all tenant licensees and permittees notification that the structure has been registered, consistent with paragraph (f) of this section, and for posting the registration number as required by paragraph (g) of this section. ( f ) The Commission shall issue to the registrant FCC Form 854R, Antenna Structure Registration, which assigns a unique Antenna Structure Registration Number. The antenna structure owner shall immediately provide to all tenant licensees and permittees notification that the structure has been registered, along with either a copy of Form 854R or the Antenna Structure Registration Number and a link to the FCC antenna structure website: http://wireless.fcc.gov/antenna/ . This notification must be done electronically. ( g ) Except as described in paragraph (h) of this section, the Antenna Structure Registration Number must be displayed so that it is conspicuously visible and legible from the publicly accessible area nearest the base of the antenna structure along the publicly accessible roadway or path. Where an antenna structure is surrounded by a perimeter fence, or where the point of access includes an access gate, the Antenna Structure Registration Number should be posted on the perimeter fence or access gate. Where multiple antenna structures having separate Antenna Structure Registration Numbers are located within a single fenced area, the Antenna Structure Registration Numbers must be posted both on the perimeter fence or access gate and near the base of each antenna structure. If the base of the antenna structure has more than one point of access, the Antenna Structure Registration Number must be posted so that it is visible at the publicly accessible area nearest each such point of access. Materials used to display the Antenna Structure Registration Number must be weather-resistant and of sufficient size to be easily seen where posted. ( h ) The owner is not required to post the Antenna Structure Registration Number in cases where a federal, state, or local government entity provides written notice to the owner that such a posting would detract from the appearance of a historic landmark. In this case, the owner must make the Antenna Structure Registration Number available to representatives of the Commission, the FAA, and the general public upon reasonable demand. ( i ) Absent Commission specification, the painting and lighting specifications recommended by the FAA are mandatory (see § 17.23 ). However, the Commission may specify painting and/or lighting requirements for each antenna structure registration in addition to or different from those specified by the FAA. ( j ) Any change or correction in the overall height of one foot or greater or coordinates of one second or greater in longitude or latitude of a registered antenna structure requires prior approval from the FAA and modification of the existing registration with the Commission. ( k ) Any change in the marking and lighting that varies from the specifications described on any antenna structure registration requires prior approval from the FAA and the Commission. [ 61 FR 4362 , Feb. 6, 1996, as amended at 77 FR 3953 , Jan. 26, 2012; 79 FR 56985 , Sept. 24, 2014; 80 FR 1270 , Jan. 8, 2015; 85 FR 85532 , Dec. 29, 2020] Effective Date Note Effective Date Note: At 80 FR 1270 , Jan. 8, 2015, § 17.4(c)(1)(vii) was added. This paragraph contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 17.5 Commission consideration of applications for station authorization. ( a ) Applications for station authorization, excluding services authorized on a geographic basis, are reviewed to determine whether there is a requirement that the antenna structure in question must be registered with the Commission. ( b ) If registration is required, the registrant must supply the structure's registration number upon request by the Commission. ( c ) If registration is not required, the application for authorization will be processed without further regard to this chapter. [ 61 FR 4362 , Feb. 6, 1996] § 17.6 Responsibility for painting and lighting compliance. ( a ) The antenna structure owner is responsible for maintaining the painting and lighting in accordance with this part. However, if a licensee or permittee authorized on an antenna structure is aware that the structure is not being maintained in accordance with the specifications set forth on the Antenna Structure Registration (FCC Form 854R) or the requirements of this part, or otherwise has reason to question whether the antenna structure owner is carrying out its responsibility under this part, the licensee or permittee must take immediate steps to ensure that the antenna structure is brought into compliance and remains in compliance. The licensee must: ( 1 ) Immediately notify the structure owner; ( 2 ) Immediately notify the site management company (if applicable); ( 3 ) Immediately notify the Commission; and, ( 4 ) Make a diligent effort to immediately bring the structure into compliance. ( b ) In the event of non-compliance by the antenna structure owner, the Commission may require each licensee and permittee authorized on an antenna structure to maintain the structure, for an indefinite period, in accordance with the Antenna Structure Registration (FCC Form 854R) and the requirements of this part. ( c ) If the owner of the antenna structure cannot file FCC Form 854 because it is subject to a denial of Federal benefits under the Anti-Drug Abuse Act of 1988, 21 U.S.C. 862 , the first tenant licensee authorized to locate on the structure (excluding tenants that no longer occupy the structure) must electronically register the structure using FCC Form 854, and provide a copy of the Antenna Structure Registration (FCC Form 854R) to the owner. The owner remains responsible for providing to all tenant licensees and permittees notification that the structure has been registered, consistent with § 17.4(f) , and for posting the registration number as required by § 17.4(g) . [ 61 FR 4363 , Feb. 6, 1996, as amended at 79 FR 56985 , Sept. 24, 2014; 85 FR 85532 , Dec. 29, 2020] Subpart B—Federal Aviation Administration Notification Criteria § 17.7 Antenna structures requiring notification to the FAA. A notification to the FAA is required, except as set forth in paragraph (e) of this section, for any of the following construction or alteration: ( a ) Any construction or alteration of more than 60.96 meters (200 feet) in height above ground level at its site. ( b ) Any construction or alteration that exceeds an imaginary surface extending outward and upward at any of the following slopes: ( 1 ) 100 to 1 for a horizontal distance of 6.10 kilometers (20,000 feet) from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway more than 0.98 kilometers (3,200 feet) in actual length, excluding heliports. ( 2 ) 50 to 1 for a horizontal distance of 3.05 kilometers (10,000 feet) from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway no more than 0.98 kilometers (3,200 feet) in actual length, excluding heliports. ( 3 ) 25 to 1 for a horizontal distance of 1.52 kilometers (5,000 feet) from the nearest point of the nearest landing and takeoff area of each heliport described in paragraph (d) of this section. ( c ) When requested by the FAA, any construction or alteration that would be in an instrument approach area (defined in the FAA standards governing instrument approach procedures) and available information indicates it might exceed an obstruction standard of the FAA. ( d ) Any construction or alteration on any of the following airports and heliports: ( 1 ) A public use airport listed in the Airport/Facility Directory, Alaska Supplement, or Pacific Chart Supplement of the U.S. Government Flight Information Publications; ( 2 ) A military airport under construction, or an airport under construction that will be available for public use; ( 3 ) An airport operated by a Federal agency or the United States Department of Defense. ( 4 ) An airport or heliport with at least one FAA-approved instrument approach procedure. ( e ) A notification to the FAA is not required for any of the following construction or alteration: ( 1 ) Any object that will be shielded by existing structures of a permanent and substantial nature or by natural terrain or topographic features of equal or greater height, and will be located in the congested area of a city, town, or settlement where the shielded structure will not adversely affect safety in air navigation; ( 2 ) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device meeting FAA-approved siting criteria or an appropriate military service siting criteria on military airports, the location and height of which are fixed by its functional purpose; ( 3 ) Any antenna structure of 6.10 meters (20 feet) or less in height, except one that would increase the height of another antenna structure. Note to § 17.7 : Consideration to aeronautical facilities not in existence at the time of the filing of the application for radio facilities will be given only when proposed airport construction or improvement plans are on file with the Federal Aviation Administration as of the filing date of the application for such radio facilities. [ 39 FR 7581 , Feb. 27, 1974, as amended at 39 FR 26157 , July 17, 1974; 42 FR 54823 , Oct. 11, 1977; 42 FR 57127 , Nov. 1, 1977; 79 FR 56986 , Sept. 24, 2014] § 17.8 Establishment of antenna farm areas. ( a ) Each antenna farm area will be established by an appropriate rulemaking proceeding, which may be commenced by the Commission on its own motion after consultation with the FAA, upon request of the FAA, or as a result of a petition filed by any interested person. After receipt of a petition from an interested person disclosing sufficient reasons to justify institution of a rulemaking proceeding, the Commission will request the advice of the FAA with respect to the considerations of menace to air navigation in terms of air safety which may be presented by the proposal. The written communication received from the FAA in response to the Commission's request shall be placed in the Commission's public rulemaking file containing the petition, and interested persons shall be allowed a period of 30 days within which to file statements with respect thereto. Such statements shall also be filed with the Administrator of the FAA with proof of such filing to be established in accordance with § 1.47 of this chapter . The Administrator of the FAA shall have a period of 15 days within which to file responses to such statements. If the Commission, upon consideration of the matters presented to it in accordance with the above procedure, is satisfied that establishment of the proposed antenna farm would constitute a menace to air navigation for reasons of air safety, rulemaking proceedings will not be instituted. If rulemaking proceedings are instituted, any person filing comments therein which concern the question of whether the proposed antenna farm will constitute a menace to air navigation shall file a copy of the comments with the Administrator of the FAA. Proof of such filing shall be established in accordance with § 1.47 of this chapter . ( b ) Nothing in this subpart shall be construed to mean that only one antenna farm area will be designated for a community. The Commission will consider on a case-by-case basis whether or not more than one antenna farm area shall be designated for a particular community. [ 32 FR 8813 , June 21, 1967, as amended at 32 FR 13591 , Sept. 28, 1967] § 17.9 Designated antenna farm areas. The areas described in the following paragraphs of this section are established as antenna farm areas [appropriate paragraphs will be added as necessary]. [ 32 FR 8813 , June 21, 1967] § 17.10 Antenna structures over 304.80 meters (1,000 feet) in height. Where one or more antenna farm areas have been designated for a community or communities (see § 17.9 ), the Commission will not accept for filing an application to construct a new station or to increase height or change antenna location of an existing station proposing the erection of an antenna structure over 304.80 meters (1,000 feet) above ground unless: ( a ) It is proposed to locate the antenna structure in a designated antenna farm area, or ( b ) It is accompanied by a statement from the Federal Aviation Administration that the proposed structure will not constitute a menace to air navigation, or ( c ) It is accompanied by a request for waiver setting forth reasons sufficient, if true, to justify such a waiver. [ 32 FR 8813 , June 21, 1967, as amended at 42 FR 54824 , Oct. 11, 1977; 61 FR 4363 , Feb. 6, 1996] §§ 17.14-17.17 [Reserved] Subpart C—Specifications for Obstruction Marking and Lighting of Antenna Structures § 17.21 Painting and lighting, when required. Antenna structures shall be painted and lighted when: ( a ) Their height exceeds any obstruction standard requiring notification to the FAA (see § 17.4(a) and § 17.7 ). ( b ) The Commission may modify the above requirement for painting and/or lighting of antenna structures, when it is shown by the applicant that the absence of such marking would not impair the safety of air navigation, or that a lesser marking requirement would insure the safety thereof. ( c ) An antenna installation is of such a nature that its painting and lighting specifications in accordance with the FAA airspace recommendation are confusing, or endanger rather than assist airmen, or are otherwise inadequate. In these cases, the Commission will specify the type of painting and lighting or other marking to be used for the particular structure. [ 32 FR 11269 , Aug. 3, 1967, as amended at 42 FR 54824 , Oct. 11, 1977; 79 FR 56986 , Sept. 24, 2014] § 17.22 [Reserved] § 17.23 Specifications for painting and lighting antenna structures. Unless otherwise specified by the Commission, each new or altered antenna structure must conform to the FAA's painting and lighting specifications set forth in the FAA's final determination of “no hazard” and the associated FAA study for that particular structure. For purposes of this part, any specifications, standards, and general requirements set forth by the FAA in the structure's determination of “no hazard” and the associated FAA study are mandatory. Additionally, each antenna structure must be painted and lighted in accordance with any painting and lighting requirements prescribed on the antenna structure's registration, or in accordance with any other specifications provided by the Commission. [ 79 FR 56986 , Sept. 24, 2014] § 17.24 Existing structures. No change to painting or lighting criteria or relocation of airports shall at any time impose a new restriction upon any then existing or authorized antenna structure or structures, unless the FAA issues a new determination of “no hazard” and associated FAA study for the particular structure. [ 79 FR 56986 , Sept. 24, 2014] §§ 17.25-17.45 [Reserved] § 17.47 Inspection of antenna structure lights and associated control equipment. The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: ( a ) ( 1 ) Shall make an observation of the antenna structure's lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such lights are functioning properly as required; or alternatively, ( 2 ) Shall provide and properly maintain an automatic alarm system designed to detect any failure of such lights and to provide indication of such failure to the owner. ( b ) Shall inspect at intervals not to exceed 3 months all automatic or mechanical control devices, indicators, and alarm systems associated with the antenna structure lighting to insure that such apparatus is functioning properly. ( c ) Is exempt from paragraph (b) of this section for any antenna structure monitored by a system that the Wireless Telecommunications Bureau has determined includes self-diagnostic features sufficient to render quarterly inspections unnecessary, upon certification of use of such system to the Bureau. [ 61 FR 4363 , Feb. 6, 1996, as amended at 79 FR 56986 , Sept. 24, 2014] § 17.48 Notification of extinguishment or improper functioning of lights. The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: ( a ) Shall report immediately to the FAA, by means acceptable to the FAA, any observed or otherwise known extinguishment or improper functioning of any top steady burning light or any flashing obstruction light, regardless of its position on the antenna structure, not corrected within 30 minutes. If the lights cannot be repaired within the FAA's Notices to Airmen (NOTAM) period, the owner shall notify the FAA to extend the outage date and report a return-to-service date. The owner shall repeat this process until the lights are repaired. Such reports shall set forth the condition of the light or lights, the circumstances which caused the failure, the probable date for restoration of service, the FCC Antenna Structure Registration Number, the height of the structure (AGL and AMSL if known) and the name, title, address, and telephone number of the person making the report. Further notification to the FAA by means acceptable to the FAA shall be given immediately upon resumption of normal operation of the light or lights. ( b ) An extinguishment or improper functioning of a steady burning side intermediate light or lights, shall be corrected as soon as practicable, but notification to the FAA of such extinguishment or improper functioning is not required. [ 32 FR 11273 , Aug. 3, 1967, as amended at 39 FR 26157 , July 17, 1974; 40 FR 30267 , July 18, 1975; 61 FR 4364 , Feb. 6, 1996; 79 FR 56986 , Sept. 24, 2014] § 17.49 Recording of antenna structure light inspections in the owner record. The owner of each antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part must maintain a record of any observed or otherwise known extinguishment or improper functioning of a structure light. This record shall be retained for a period of two years and provided to the FCC or its agents upon request. The record shall include the following information for each such event: ( a ) The nature of such extinguishment or improper functioning. ( b ) The date and time the extinguishment or improper operation was observed or otherwise noted. ( c ) Date and time of FAA notification, if applicable. ( d ) The date, time and nature of adjustments, repairs, or replacements made. [ 48 FR 38477 , Aug. 24, 1983, as amended at 61 FR 4364 , Feb. 6, 1996; 79 FR 56987 , Sept. 24, 2014] § 17.50 Cleaning and repainting. Antenna structures requiring painting under this part shall be cleaned or repainted as often as necessary to maintain good visibility. Evaluation of the current paint status shall be made by using the FAA's In-Service Aviation Orange Tolerance Chart. This chart is based upon the color requirements contained in the National Bureau of Standards Report NBSIR 75-663, Color Requirements for the Marking of Obstructions. [ 79 FR 56987 , Sept. 24, 2014] § 17.51 [Reserved] § 17.53 Lighting equipment and paint. The lighting equipment, color or filters, and shade of paint referred to in the specifications are further defined in the following government and/or Army-Navy aeronautical specifications, bulletins, and drawings (lamps are referred to by standard numbers): Outside white TT-P-102 1 (Color No. 17875, FS-595). Aviation surface orange TT-P-59 1 (Color No. 12197, FS-595). Aviation surface orange, enamel TT-E-489 1 (Color No. 12197, FS-595). Aviation red obstruction light—color MIL-C-25050 2 . Flashing beacons CAA-446 3 Code Beacons, 300 mm. Do MIL-6273 2 . Double and single obstruction light L-810 3 (FAA AC No. 150/5345-2 4 ). Do MIL-L-7830 2 . High intensity white obstruction light FAA/DOD L-856 (FAA AC No. 150/5345-43B 4 ). 116-Watt lamp No. 116 A21/TS (6,000 h). 125-Watt lamp No. 125 A21/TS (6,000 h). 620-Watt lamp No. 620 PS-40 (3,000 h). 700-Watt lamp No. 700 PS-40 (6,000 h). 1 Copies of this specification can be obtained from the Specification Activity, Building 197, Room 301, Naval Weapons Plant, 1st and N Streets, SE., Washington, D.C. 20407. 2 Copies of Military specifications can be obtained by contacting the Commanding Officer, Naval Publications and Forms Center, 5801 Tabor Ave., Attention: NPPC-105, Philadelphia, Pa. 19120. 3 Copies of Federal Aviation Administration specifications may be obtained from the Chief, Configuration Control Branch, AAF-110, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW., Washington, D.C. 20591. 4 Copies of Federal Aviation Administration advisory circulars may be obtained from the Department of Transportation, Publications Section, TAD-443.1, 400 7th St. SW., Washington, D.C. 20590. [ 33 FR 11540 , Aug. 14, 1968, as amended at 40 FR 30267 , July 18, 1975] § 17.54 Rated lamp voltage. To insure the necessary lumen output by obstruction lights, the rated voltage of incandescent lamps used shall correspond to be within 3 percent higher than the voltage across the lamp socket during the normal hours of operation. [ 42 FR 54826 , Oct. 11, 1977] § 17.56 Maintenance of lighting equipment. Replacing or repairing of lights, automatic indicators or automatic control or alarm systems shall be accomplished as soon as practicable. [ 79 FR 56986 , Sept. 24, 2014] § 17.57 Report of radio transmitting antenna construction, alteration, and/or removal. The owner of an antenna structure for which an Antenna Structure Registration Number has been obtained must notify the Commission within 5 days of completion of construction by filing FCC Form 854-R and/or dismantlement by filing FCC Form 854. The owner must also notify the Commission within 5 days of any change in structure height or change in ownership information by filing FCC Form 854. FCC Forms 854 and 854-R, and all related amendments, modifications, and attachments, shall be filed electronically. [ 85 FR 85532 , Dec. 29, 2020] § 17.58 [Reserved]
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PART 27—MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES Authority: 47 U.S.C. 154 , 301 , 302a , 303 , 307 , 309 , 332 , 336 , 337 , 1403 , 1404 , 1451 , and 1452 , unless otherwise noted. Source: 62 FR 9658 , Mar. 3, 1997, unless otherwise noted. Subpart A—General Information § 27.1 Basis and purpose. This section contains the statutory basis for this part of the rules and provides the purpose for which this part is issued. ( a ) Basis. The rules for miscellaneous wireless communications services (WCS) in this part are promulgated under the provisions of the Communications Act of 1934, as amended, that vest authority in the Federal Communications Commission to regulate radio transmission and to issue licenses for radio stations. ( b ) Purpose. This part states the conditions under which spectrum is made available and licensed for the provision of wireless communications services in the following bands. ( 1 ) 2305-2320 MHz and 2345-2360 MHz. ( 2 ) 746-758 MHz, 775-788 MHz, and 805-806 MHz. ( 3 ) 698-746 MHz. ( 4 ) 1390-1392 MHz. ( 5 ) 1392-1395 MHz and 1432-1435 MHz. ( 6 ) 1670-1675 MHz. ( 7 ) 1915-1920 MHz and 1995-2000 MHz. ( 8 ) 1710-1755 MHz and 2110-2155 MHz. ( 9 ) 2495-2690 MHz. ( 10 ) 2000-2020 MHz and 2180-2200 MHz. ( 11 ) 1695-1710 MHz. ( 12 ) 1755-1780 MHz. ( 13 ) 2155-2180 MHz. ( 14 ) 617-652 MHz and 663-698 MHz. ( 15 ) 3700-3980 MHz. ( 16 ) 897.5-900.5 MHz and 936.5-939.5 MHz. ( 17 ) 3450-3550 MHz. ( c ) Scope. The rules in this part apply only to stations authorized under this part or authorized under another part of this chapter on frequencies or bands transitioning to authorizations under this part. [ 62 FR 9658 , Mar. 3, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 27.1 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 27.2 Permissible communications. ( a ) Miscellaneous wireless communications services. Except as provided in paragraph (b) or (d) of this section and subject to technical and other rules contained in this part, a licensee in the frequency bands specified in § 27.5 may provide any services for which its frequency bands are allocated, as set forth in the non-Federal Government column of the Table of Allocations in § 2.106 of this chapter (column 5). ( b ) 775-776 MHz and 805-806 MHz bands. Operators in the 775-776 MHz and 805-806 MHz bands may not employ a cellular system architecture. A cellular system architecture is defined, for purposes of this part, as one that consists of many small areas or cells (segmented from a larger geographic service area), each of which uses its own base station, to enable frequencies to be reused at relatively short distances. ( c ) Satellite DARS. Satellite digital audio radio service (DARS) may be provided using the 2310-2320 and 2345-2360 MHz bands. Satellite DARS service shall be provided in a manner consistent with part 25 of this chapter . ( d ) 2000-2020 MHz and 2180-2200 MHz bands. Operators in the 2000-2020 MHz and 2180-2200 MHz bands may not provide the mobile-satellite service under the provisions of this part; rather, mobile-satellite service shall be provided in a manner consistent with part 25 of this chapter . ( e ) 716-722 MHz and 722-728 MHz bands. The 716-722 and 722-728 MHz frequencies may not be used for uplink transmission and must be used only for downlink transmissions. [ 65 FR 3144 , Jan. 20, 2000, as amended at 65 FR 17601 , Apr. 4, 2000; 72 FR 48843 , Aug. 24, 2007; 78 FR 8267 , Feb. 5, 2013; 78 FR 66316 , Nov. 5, 2013] § 27.3 Other applicable rule parts. Other FCC rule parts applicable to the Wireless Communications Service include the following: ( a ) Part 0. This part describes the Commission's organization and delegations of authority. Part 0 of this chapter also lists available Commission publications, standards and procedures for access to Commission records, and location of Commission Field Offices. ( b ) Part 1. This part includes rules of practice and procedure for license applications, adjudicatory proceedings, procedures for reconsideration and review of the Commission's actions; provisions concerning violation notices and forfeiture proceedings; competitive bidding procedures; and the environmental requirements that, together with the procedures specified in § 17.4(c) of this chapter , if applicable, must be complied with prior to the initiation of construction. Subpart F includes the rules for the Wireless Telecommunications Services and the procedures for filing electronically via the ULS. ( c ) Part 2. This part contains the Table of Frequency Allocations and special requirements in international regulations, recommendations, agreements, and treaties. This part also contains standards and procedures concerning the marketing and importation of radio frequency devices, and for obtaining equipment authorization. ( d ) Part 5. This part contains rules prescribing the manner in which parts of the radio frequency spectrum may be made available for experimentation. ( e ) Part 15. This part sets forth the requirements and conditions applicable to certain radio frequency devices. ( f ) Part 17. This part contains requirements for the construction, marking and lighting of antenna towers, and the environmental notification process that must be completed before filing certain antenna structure registration applications. ( g ) Part 20. This part sets forth the requirements and conditions applicable to commercial mobile radio service providers. ( h ) Part 22. This part sets forth the requirements and conditions applicable to public mobile services. ( i ) Part 24. This part sets forth the requirements and conditions applicable to personal communications services. ( j ) Part 25. This part contains the requirements for satellite communications, including satellite DARS. ( k ) Part 51. This part contains general duties of telecommunications carriers to provide for interconnection with other telecommunications carriers. ( l ) Part 64. This part sets forth the requirements and conditions applicable to telecommunications carriers under the Communications Assistance for Law Enforcement Act. ( m ) Part 68. This part contains technical standards for connection of terminal equipment to the telephone network. ( n ) Part 73. This part sets forth the requirements and conditions applicable to radio broadcast services. ( o ) Part 74. This part sets forth the requirements and conditions applicable to experimental radio, auxiliary, special broadcast and other program distributional services. ( p ) Part 90. This part sets forth the requirements and conditions applicable to private land mobile radio services. ( q ) Part 101. This part sets forth the requirements and conditions applicable to fixed microwave services. [ 62 FR 9658 , Mar. 3, 1997, as amended at 63 FR 68954 , Dec. 14, 1998; 65 FR 3144 , Jan. 20, 2000; 67 FR 5510 , Feb. 6, 2002; 69 FR 5714 , Feb. 6, 2004; 69 FR 72031 , Dec. 10, 2004; 70 FR 61059 , Oct. 20, 2005; 77 FR 3955 , Jan. 26, 2012] § 27.4 Terms and definitions. 3.45 GHz Service. A radiocommunication service licensed under this part for the frequency bands specified in § 27.5(o) (3450-3550 MHz band). 3.7 GHz Service. A radiocommunication service licensed under this part for the frequency bands specified in § 27.5(m) (3700-3980 MHz band). 600 MHz service. A radiocommunication service licensed pursuant to this part for the frequency bands specified in § 27.5(l) . Advanced Wireless Service (AWS). A radiocommunication service licensed pursuant to this part for the frequency bands specified in § 27.5(h) , 27.5(j) , or 27.5(k) . Affiliate. This term shall have the same meaning as that for “affiliate” in part 1, § 1.2110(b)(5) of this chapter . Assigned frequency. The center of the frequency band assigned to a station. Attended operation. Operation of a station by a designated person on duty at the place where the transmitting apparatus is located with the transmitter in the person's plain view. Authorized bandwidth. The maximum width of the band of frequencies permitted to be used by a station. This is normally considered to be the necessary or occupied bandwidth, whichever is greater. Average terrain. The average elevation of terrain between 3 and 16 kilometers from the antenna site. Base station. A land station in the land mobile service. Booster service area. A geographic area to be designated by an applicant for a booster station, within which the booster station shall be entitled to protection against interference as set forth in this part. The booster service area must be specified by the applicant so as not to overlap the booster service area of any other booster authorized to or proposed by the applicant. However, a booster station may provide service to receive sites outside of its booster service area, at the licensee's risk of interference. The booster station must be capable of providing substantial service within the designated booster service area. Broadband Radio Service (BRS). A radio service using certain frequencies in the 2150-2162 and 2496-2690 MHz bands which can be used to provide fixed and mobile services, except for aeronautical services. Broadcast services. This term shall have the same meaning as that for “broadcasting” in section 3(6) of the Communications Act of 1934, i.e., “the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations.” 47 U.S.C. 153(6) . Commence operations. A 600 MHz Band licensee is deemed to commence operations when it begins pre-launch site activation and commissioning tests using permanent base station equipment, antennas and/or tower locations as part of its site and system optimization in the area of its planned commercial service infrastructure deployment. Documented complaint. A complaint that a party is suffering from non-consensual interference. A documented complaint must contain a certification that the complainant has contacted the operator of the allegedly offending facility and tried to resolve the situation prior to filing. The complaint must then specify the nature of the interference, whether the interference is constant or intermittent, when the interference began and the site(s) most likely to be causing the interference. The complaint should be accompanied by a videotape or other evidence showing the effects of the interference. The complaint must contain a motion for a temporary order to have the interfering station cease transmitting. The complaint must be filed with the Secretary's office and served on the allegedly offending party. Educational Broadband Service (EBS). A radiocommunication service licensed under this part for the frequency bands specified in § 27.5(i) . Effective Radiated Power (ERP) (in a given direction). The product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction. Equivalent Isotropically Radiated Power (EIRP). The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna. Fixed service. A radio communication service between specified fixed points. Fixed station. A station in the fixed service. Land mobile service. A mobile service between base stations and land mobile stations, or between land mobile stations. Land mobile station. A mobile station in the land mobile service capable of surface movement within the geographic limits of a country or continent. Land station. A station in the mobile service not intended to be used while in motion. Lower Band Segment (LBS). Segment of the BRS/EBS band consisting of channels in the frequencies 2496-2572 MHz. Middle Band Segment (MBS). Segment of the BRS/EBS band consisting of channels in the frequencies 2572-2614 MHz. Mobile service. A radio communication service between mobile and land stations, or between mobile stations. Mobile station. A station in the mobile service intended to be used while in motion or during halts at unspecified points. National Geodetic Reference System (NGRS). The name given to all geodetic control data contained in the National Geodetic Survey (NGS) data base. (Source: National Geodetic Survey, U.S. Department of Commerce) Point-to-point Broadband station. A Broadband station that transmits a highly directional signal from a fixed transmitter location to a fixed receive location. Portable device. Transmitters designed to be used within 20 centimeters of the body of the user. Post-auction transition period. The 39-month period commencing upon the public release of the Channel Reassignment Public Notice as defined in § 73.3700(a) of this chapter . Public Safety Broadband Licensee. The licensee of the Public Safety Broadband License in the 763-768 MHz and 793-798 MHz bands. Radiodetermination. The determination of the position, velocity and/or other characteristics of an object, or the obtaining of information relating to these parameters, by means of the propagation properties of radio waves. Radiolocation. Radiodetermination used for purposes other than those of radionavigation. Radiolocation land station. A station in the radiolocation service not intended to be used while in motion. Radiolocation mobile station. A station intended to be used while in motion or during halts at unspecified points. Radionavigation. Radiodetermination used for the purpose of navigation, including obstruction warning. Remote control. Operation of a station by a designated person at a control position from which the transmitter is not visible but where suitable control and telemetering circuits are provided which allow the performance of the essential functions that could be performed at the transmitter. Satellite Digital Audio Radio Service (satellite DARS). A radiocommunication service in which compact disc quality programming is digitally transmitted by one or more space stations. Sectorization. The use of an antenna system at any broadband station, booster station and/or response station hub that is capable of simultaneously transmitting multiple signals over the same frequencies to different portions of the service area and/or simultaneously receiving multiple signals over the same frequencies from different portions of the service area. Spectrum Act. The term Spectrum Act means Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 ). Studio to transmitter link (STL). A directional path used to transmit a signal from a station's studio to its transmitter. Temporary fixed broadband station. A broadband station used for the transmission of material from temporary unspecified points to a broadband station. Time division multiple access (TDMA). A multiple access technique whereby users share a transmission medium by being assigned and using (one-at-a-time) for a limited number of time division mulitplexed channels; implies that several transmitters use one channel for sending several bit streams. Time division multiplexing (TDM). A multiplexing technique whereby two or more channels are derived from a transmission medium by dividing access to the medium into sequential intervals. Each channel has access to the entire bandwidth of the medium during its interval. This implies that one transmitter uses one channel to send several bit streams of information. Unattended operation. Operation of a station by automatic means whereby the transmitter is turned on and off and performs its functions without attention by a designated person. Universal Licensing System. The Universal Licensing System (ULS) is the consolidated database, application filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all applications and related documents by applicants and licensees in the Wireless Radio Services, and provides public access to licensing information. Upper 700 MHz D Block license. The Upper 700 MHz D Block license is the nationwide license associated with the 758-763 MHz and 788-793 MHz bands. Upper Band Segment (UBS). Segment of the BRS/EBS band consisting of channels in the frequencies 2614-2690 MHz Wireless communications service. A radiocommunication service licensed pursuant to this part for the frequency bands specified in § 27.5 . [ 62 FR 9658 , Mar. 3, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 27.4 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 27.5 Frequencies. ( a ) 2305-2320 MHz and 2345-2360 MHz bands. The following frequencies are available for WCS in the 2305-2320 MHz and 2345-2360 MHz bands: ( 1 ) Two paired channel blocks are available for assignment on a Major Economic Area basis as follows: Block A: 2305-2310 and 2350-2355 MHz; and Block B: 2310-2315 and 2355-2360 MHz. ( 2 ) Two unpaired channel blocks are available for assignment on a Regional Economic Area Grouping basis as follows: Block C: 2315-2320 MHz; and Block D: 2345-2350 MHz. ( b ) 746-758 MHz, 775-788 MHz, and 805-806 MHz bands. The following frequencies are available for licensing pursuant to this part in the 746-758 MHz, 775-788 MHz, and 805-806 MHz bands: ( 1 ) Two paired channels of 1 megahertz each are available for assignment in Block A in the 757-758 MHz and 787-788 MHz bands. ( 2 ) Two paired channels of 1 megahertz each are available for assignment in Block B in the 775-776 MHz and 805-806 MHz bands. ( 3 ) Two paired channels of 11 megahertz each are available for assignment in Block C in the 746-757 MHz and 776-787 MHz bands. In the event that no licenses for two channels in this Block C are assigned based on the results of the first auction in which such licenses were offered because the auction results do not satisfy the applicable reserve price, the spectrum in the 746-757 MHz and 776-787 MHz bands will instead be made available for assignment at a subsequent auction as follows: ( i ) Two paired channels of 6 megahertz each available for assignment in Block C1 in the 746-752 MHz and 776-782 MHz bands. ( ii ) Two paired channels of 5 megahertz each available for assignment in Block C2 in the 752-757 MHz and 782-787 MHz bands. ( c ) 698-746 MHz band. The following frequencies are available for licensing pursuant to this part in the 698-746 MHz band: ( 1 ) Three paired channel blocks of 12 megahertz each are available for assignment as follows: Block A: 698-704 MHz and 728-734 MHz; Block B: 704-710 MHz and 734-740 MHz; and Block C: 710-716 MHz and 740-746 MHz. ( 2 ) Two unpaired channel blocks of 6 megahertz each are available for assignment as follows: Block D: 716-722 MHz; and Block E: 722-728 MHz. ( d ) 1390-1392 MHz band. The 1390-1392 MHz band is available for assignment on a Major Economic Area basis. ( e ) The paired 1392-1395 and 1432-1435 MHz bands. The paired 1392-1395 MHz and 1432-1435 MHz bands are available for assignment on an Economic Area Grouping basis as follows: Block A: 1392-1393.5 MHz and 1432-1433.5 MHz; and Block B: 1393.5-1395 MHz and 1433.5-1435 MHz. ( f ) 1670-1675 MHz band. The 1670-1675 MHz band is available for assignment on a nationwide basis. ( g ) [Reserved] ( h ) 1710-1755 MHz, 2110-2155 MHz, 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands. The following frequencies are available for licensing pursuant to this part in the 1710-1755 MHz, 2110-2155 MHz, 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands: ( 1 ) Four paired channel blocks of 10 megahertz each are available for assignment as follows: Block A: 1710-1720 MHz and 2110-2120 MHz; Block B: 1720-1730 MHz and 2120-2130 MHz; Block F: 1745-1755 MHz and 2145-2155 MHz; and Block J: 1770-1780 MHz and 2170-2180 MHz. ( 2 ) Six paired channel blocks of 5 megahertz each are available for assignment as follows: Block C: 1730-1735 MHz and 2130-2135 MHz; Block D: 1735-1740 MHz and 2135-2140 MHz; Block E: 1740-1745 MHz and 2140-2145 MHz; Block G: 1755-1760 MHz and 2155-2160 MHz; Block H: 1760-1765 MHz and 2160-2165 MHz; and Block I: 1765-1770 MHz and 2165-2170 MHz. ( 3 ) One unpaired block of 5 megahertz and one unpaired block of 10 megahertz each are available for assignment as follows: Block A1: 1695-1700 MHz Block B1: 1700-1710 MHz. Note to paragraph ( h ). Licenses to operate in the 1695-1710 MHz and 1755-1780 MHz bands are subject to the condition that the licensee must not cause harmful interference to an incumbent Federal entity relocating from these bands under an approved Transition Plan. This condition remains in effect until NTIA terminates the applicable authorization of the incumbent Federal entity. ( i ) Frequency assignments for the BRS/EBS band. ( 1 ) Pre-transition frequency assignments. BRS Channel 1: 2150-2156 MHz or 2496-2500 MHz BRS Channel 2: 2156-2162 MHz or 2686-2690 MHz BRS Channel 2A: 2156-2160 MHz EBS Channel A1: 2500-2506 MHz EBS Channel B1: 2506-2512 MHz EBS Channel A2: 2512-2518 MHz EBS Channel B2: 2518-2524 MHz EBS Channel A3: 2524-2530 MHz EBS Channel B3: 2530-2536 MHz EBS Channel A4: 2536-2542 MHz EBS Channel B4: 2542-2548 MHz EBS Channel C1: 2548-2554 MHz EBS Channel D1: 2554-2560 MHz EBS Channel C2: 2560-2566 MHz EBS Channel D2: 2566-2572 MHz EBS Channel C3: 2572-2578 MHz EBS Channel D3: 2578-2584 MHz EBS Channel C4: 2584-2590 MHz EBS Channel D4: 2590-2596 MHz BRS Channel E1: 2596-2602 MHz BRS Channel F1: 2602-2608 MHz BRS Channel E2: 2608-2614 MHz BRS Channel F2: 2614-2620 MHz BRS Channel E3: 2620-2626 MHz BRS Channel F3: 2626-2632 MHz BRS Channel E4: 2632-2638 MHz BRS Channel F4: 2638-2644 MHz EBS Channel G1: 2644-2650 MHz BRS Channel H1: 2650-2656 MHz EBS Channel G2: 2656-2662 MHz BRS Channel H2: 2662-2668 MHz EBS Channel G3: 2668-2674 MHz BRS Channel H3: 2674-2680 MHz EBS Channel G4: 2680-2686 MHz I Channels: 2686-2690 MHz ( 2 ) Post transition frequency assignments. The frequencies available in the Broadband Radio Service (BRS) and Educational Broadband Service (EBS) are listed in this section in accordance with the frequency allocations table of § 2.106 of this chapter . ( i ) Lower Band Segment (LBS): The following channels shall constitute the Lower Band Segment: BRS Channel 1: 2496-2502 MHz or 2150-2156 MHz EBS Channel A1: 2502-2507.5 MHz EBS Channel A2: 2507.5-2513 MHz EBS Channel A3: 2513-2518.5 MHz EBS Channel B1: 2518.5-2524 MHz EBS Channel B2: 2524-2529.5 MHz EBS Channel B3: 2529.5-2535 MHz EBS Channel C1: 2535-2540.5 MHz EBS Channel C2: 2540.5-2546 MHz EBS Channel C3: 2546-2551.5 MHz EBS Channel D1: 2551.5-2557 MHz EBS Channel D2: 2557-2562.5 MHz EBS Channel D3: 2562.5-2568 MHz EBS Channel JA1: 2568.00000-2568.33333 MHz EBS Channel JA2: 2568.33333-2568.66666 MHz EBS Channel JA3: 2568.66666-2569.00000 MHz EBS Channel JB1: 2569.00000-2569.33333 MHz EBS Channel JB2: 2569.33333-2569.66666 MHz EBS Channel JB3: 2569.66666-2570.00000 MHz EBS Channel JC1: 2570.00000-2570.33333 MHz EBS Channel JC2: 2570.33333-2570.66666 MHz EBS Channel JC3: 2570.66666-2571.00000 MHz EBS Channel JD1: 2571.00000-2571.33333 MHz EBS Channel JD2: 2571.33333-2571.66666 MHz EBS Channel JD3: 2571.66666-2572.00000 MHz ( ii ) Middle Band Segment (MBS): The following channels shall constitute the Middle Band Segment: EBS Channel A4: 2572-2578 MHz EBS Channel B4: 2578-2584 MHz EBS Channel C4: 2584-2590 MHz EBS Channel D4: 2590-2596 MHz EBS Channel G4: 2596-2602 MHz BRS/EBS Channel F4: 2602-2608 MHz BRS/EBS Channel E4: 2608-2614 MHz ( iii ) Upper Band Segment (UBS): The following channels shall constitute the Upper Band Segment: BRS Channel KH1: 2614.00000-2614.33333 MHz. BRS Channel KH2: 2614.33333-2614.66666 MHz. BRS Channel KH3: 2614.66666-2615.00000 MHz. EBS Channel KG1: 2615.00000-2615.33333 MHz. EBS Channel KG2: 2615.33333-2615.66666 MHz. EBS Channel KG3: 2615.66666-2616.00000 MHz. BRS Channel KF1: 2616.00000-2616.33333 MHz. BRS Channel KF2: 2616.33333-2616.66666 MHz. BRS Channel KF3: 2616.66666-2617.00000 MHz. BRS Channel KE1: 2617.00000-2617.33333 MHz. BRS Channel KE2: 2617.33333-2617.66666 MHz. BRS Channel KE3: 2617.66666-2618.00000 MHz. BRS Channel 2: 2618-2624 MHz or 2156-2162 MHz. BRS Channel 2A: 2618-2624 MHz or 2156-2160 MHz. BRS/EBS Channel E1: 2624-2629.5 MHz. BRS/EBS Channel E2: 2629.5-2635 MHz. BRS/EBS Channel E3: 2635-2640.5 MHz. BRS/EBS Channel F1: 2640.5-2646 MHz. BRS/EBS Channel F2: 2646-2651.5 MHz. BRS/EBS Channel F3: 2651.5-2657 MHz. BRS Channel H1: 2657-2662.5 MHz. BRS Channel H2: 2662.5-2668 MHz. BRS Channel H3: 2668-2673.5 MHz. EBS Channel G1: 2673.5-2679 MHz. EBS Channel G2: 2679-2684.5 MHz. EBS Channel G3: 2684.5-2690 MHz. Note to paragraph ( i )(2): No 125 kHz channels are provided for channels in operation in this service. The 125 kHz channels previously associated with these channels have been reallocated to Channel G3 in the upper band segment. ( 3 ) [Reserved] ( 4 ) A temporary fixed broadband station may use any available broadband channel on a secondary basis, except that operation of temporary fixed broadband stations is not allowed within 56.3 km (35 miles) of Canada. ( 5 ) ( i ) A point-to-point EBS station on the E and F-channel frequencies, may be involuntarily displaced by a BRS applicant or licensee, provided that suitable alternative spectrum is available and that the BRS entity bears the expenses of the migration. Suitability of spectrum will be determined on a case-by-base basis; at a minimum, the alternative spectrum must be licensable by broadband operators on a primary basis (although it need not be specifically allocated to the broadband service), and must provide a signal that is equivalent to the prior signal in picture quality and reliability, unless the broadband licensee will accept an inferior signal. Potential expansion of the BRS licensee may be considered in determining whether alternative available spectrum is suitable. ( ii ) If suitable alternative spectrum is located pursuant to paragraph (h)(6)(i) of this section, the initiating party must prepare and file the appropriate application for the new spectrum, and must simultaneously serve a copy of the application on the EBS licensee to be moved. The initiating party will be responsible for all costs connected with the migration, including purchasing, testing and installing new equipment, labor costs, reconfiguration of existing equipment, administrative costs, legal and engineering expenses necessary to prepare and file the migration application, and other reasonable documented costs. The initiating party must secure a bond or establish an escrow account to cover reasonable incremental increase in ongoing expenses that may fall upon the migrated licensee. The bond or escrow account should also account for the possibility that the initiating party subsequently becomes bankrupt. If it becomes necessary for the Commission to assess the sufficiency of a bond or escrow amount, it will take into account such factors as projected incremental increase in electricity or maintenance expenses, or relocation expenses, as relevant in each case. ( iii ) The EBS licensee to be moved will have a 60-day period in which to oppose the involuntary migration. The broadband party should state its opposition to the migration with specificity, including engineering and other challenges, and a comparison of the present site and the proposed new site. If involuntary migration is granted, the new facilities must be operational before the initiating party will be permitted to begin its new or modified operations. The migration must not disrupt the broadband licensee's provision of service, and the broadband licensee has the right to inspect the construction or installation work. ( j ) 2000-2020 MHz and 2180-2200 MHz bands. The following frequencies are available for licensing pursuant to this part in the 2000-2020 MHz and 2180-2200 MHz (AWS-4) bands: ( 1 ) Two paired channel blocks of 10 megahertz each are available for assignment as follows: Block A: 2000-2010 MHz and 2180-2190 MHz; and Block B: 2010-2020 MHz and 2190-2200 MHz. ( 2 ) [Reserved] ( k ) 1915-1920 MHz and 1995-2000 MHz bands. The paired 1915-1920 MHz and 1995-2000 MHz bands are available for assignment on an Economic Area (EA) basis. ( l ) 600 MHz band. The 600 MHz band (617-652 MHz and 663-698 MHz) has seven pairs of 5 megahertz channel blocks available for assignment on a Partial Economic Area basis as follows: Block A: 617-622 MHz and 663-668 MHz; Block B: 622-627 MHz and 668-673 MHz; Block C: 627-632 MHz and 673-678 MHz; Block D: 632-637 MHz and 678-683 MHz; Block E: 637-642 MHz and 683-688 MHz; Block F: 642-647 MHz and 688-693 MHz; and Block G: 647-652 MHz and 693-698 MHz. ( m ) 3700-3980 MHz band. The 3.7 GHz Service is comprised of Block A (3700-3800 MHz); Block B (3800-3900 MHz); and Block C (3900-3980 MHz). These blocks are licensed as 14 individual 20 megahertz sub-blocks available for assignment in the contiguous United States on a Partial Economic Area basis, see § 27.6(m) , as follows: ( n ) 900 MHz broadband. The paired 897.5-900.5 MHz and 936.5-939.5 MHz bands are available for assignment on a geographic basis. For operations in the 897.5-900.5 MHz and 936.5-939.5 MHz bands (designated as Channels 120-360 in section 90.613 of this chapter ), no new applications will be accepted in transitioned markets for narrowband systems under part 90, subpart S of this chapter . ( o ) 3450-3550 MHz band. The 3.45 GHz Service is licensed as ten individual 10 megahertz blocks available for assignment in the contiguous United States on a Partial Economic Area basis, see § 27.6(n) . [ 62 FR 9658 , Mar. 3, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 27.5 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 27.6 Service areas. ( a ) Composition of service areas. WCS service areas include Economic Areas (EAs), Major Economic Areas (MEAs), Regional Economic Area Groupings (REAGs), cellular markets comprising Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs), and a nationwide area. MEAs and REAGs are defined in the Table immediately following paragraph (a)(1) of this section. Both MEAs and REAGs are based on the U.S. Department of Commerce's EAs. See 60 FR 13114 (March 10, 1995). In addition, the Commission shall separately license Guam and the Northern Mariana Islands, Puerto Rico and the United States Virgin Islands, American Samoa, and the Gulf of Mexico, which have been assigned Commission-created EA numbers 173-176, respectively. The nationwide area is composed of the contiguous 48 states, Alaska, Hawaii, the Gulf of Mexico, and the U.S. territories. Maps of the EAs, MEAs, MSAs, RSAs, and REAGs are available on the FCC's website at www.fcc.gov/auctions through the “Maps” submenu. ( 1 ) The 52 MEAs are composed of one or more EAs and the 12 REAGs are composed of one or more MEAs, as defined in the table below: REAGs MEAs EAs 1 (Northeast) 1 (Boston) 1-3. 2 (New York City) 4-7, 10. 3 (Buffalo) 8. 4 (Philadelphia) 11-12. 2 (Southeast) 5 (Washington) 13-14. 6 (Richmond) 15-17, 20. 7 (Charlotte-Greensboro-Greenville-Raleigh) 18-19, 21-26, 41-42, 46. 8 (Atlanta) 27-28, 37-40, 43. 9 (Jacksonville) 29, 35. 10 (Tampa-St. Petersburg-Orlando) 30, 33-34. 11 (Miami) 31-32. 3 (Great Lakes) 12 (Pittsburgh) 9, 52-53. 13 (Cincinnati-Dayton) 48-50. 14 (Columbus) 51. 15 (Cleveland) 54-55. 16 (Detroit) 56-58, 61-62. 17 (Milwaukee) 59-60, 63, 104-105, 108. 18 (Chicago) 64-66, 68, 97, 101. 19 (Indianapolis) 67. 20 (Minneapolis-St. Paul) 106-107, 109-114, 116. 21 (Des Moines-Quad Cities) 100, 102-103, 117. 4 (Mississippi Valley) 22 (Knoxville) 44-45. 23 (Louisville-Lexington-Evansville) 47, 69-70, 72. 24 (Birmingham) 36, 74, 78-79. 25 (Nashville) 71. 26 (Memphis-Jackson) 73, 75-77. 27 (New Orleans-Baton Rouge) 80-85. 28 (Little Rock) 90-92, 95. 29 (Kansas City) 93, 99, 123. 30 (St. Louis) 94, 96, 98. 5 (Central) 31 (Houston) 86-87, 131. 32 (Dallas-Fort Worth) 88-89, 127-130, 135, 137-138. 33 (Denver) 115, 140-143. 34 (Omaha) 118-121. 35 (Wichita) 122. 36 (Tulsa) 124. 37 (Oklahoma City) 125-126. 38 (San Antonio) 132-134. 39 (El Paso-Albuquerque) 136, 139, 155-157. 40 (Phoenix) 154, 158-159. 6 (West) 41 (Spokane-Billings) 144-147, 168. 42 (Salt Lake City) 148-150, 152. 43 (San Francisco-Oakland-San Jose) 151, 162-165. 44 (Los Angeles-San Diego) 153, 160-161. 45 (Portland) 166-167. 46 (Seattle) 169-170. 7 (Alaska) 47 (Alaska) 171. 8 (Hawaii) 48 (Hawaii) 172. 9 (Guam and the Northern Mariana Islands) 49 (Guam and the Northern Mariana Islands) 173. 10 (Puerto Rico and U.S. Virgin Islands) 50 (Puerto Rico and U.S. Virgin Islands) 174. 11 (American Samoa) 51 (American Samoa) 175. 12 (Gulf of Mexico) 52 (Gulf of Mexico) 176. ( 2 ) The Gulf of Mexico EA extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf. ( b ) 746-758 MHz, 775-788 MHz, and 805-806 MHz bands. WCS service areas for the 746-758 MHz, 775-788 MHz, and 805-806 MHz bands are as follows. ( 1 ) Service areas for Block A in the 757-758 MHz and 787-788 MHz bands and Block B in the 775-776 MHz and 805-806 MHz bands are based on Major Economic Areas (MEAs), as defined in paragraphs (a)(1) and (a)(2) of this section. ( 2 ) Service areas for Block C in the 746-757 MHz and 776-787 MHz bands are based on Regional Economic Area Groupings (REAGs) as defined by paragraph (a) of this section. In the event that no licenses with respect to service areas for Block C in the 746-757 MHz and 776-787 MHz bands are assigned based on the results of the first auction in which such licenses are offered because the auction results do not satisfy the applicable reserve price, then service areas for the spectrum at 746-757 MHz and 776-787 MHz will instead be available for assignment as follows: ( i ) Service areas for Block C1 in the 746-752 MHz and 776-782 MHz bands are based on Economic Areas (EAs) as defined in paragraph (a) of this section. ( ii ) Service areas for Block C2 in the 752-757 MHz and 782-787 MHz bands are based on Regional Economic Area Groupings (REAGs) as defined by paragraph (a) of this section. ( c ) 698-746 MHz band. WCS service areas for the 698-746 MHz band are as follows: ( 1 ) Service areas for Block A in the 698-704 MHz and 728-734 MHz bands and Block E in the 722-728 MHz band are based on Economic Areas (EAs) as defined in paragraph (a) of this section. ( 2 ) Service areas for Block B in the 704-710 MHz and 734-740 MHz bands and Block C in the 710-716 MHz and 740-746 MHz bands are based on cellular markets comprising Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs) as defined by Public Notice Report No. CL-92-40 “Common Carrier Public Mobile Services Information, Cellular MSA/RSA Markets and Counties,” dated January 24, 1992, DA 92-109, 7 FCC Rcd 742 (1992), with the following modifications: ( i ) The service areas of cellular markets that border the U.S. coastline of the Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline. ( ii ) The service area of cellular market 306 that comprises the water area of the Gulf of Mexico extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf. ( 3 ) Service areas for Block D in the 716-722 MHz band are based on Economic Area Groupings (EAGs) as defined by the Federal Communications Commission. See 62 FR 15978 (April 3, 1997) extended with the Gulf of Mexico. See also paragraphs (a)(1) and (2) of this section and 62 FR 9636 (March 3, 1997), in which the Commission created an additional four economic area-like areas for a total of 176. Maps of the EAGs and the Federal Register Notice that established the 172 Economic Areas (EAs) are available for public inspection through the Federal Communications Commission's Reference Information Center. These maps and data are also available on the FCC website at https://www.fcc.gov/oet/info/maps/areas/ . ( i ) There are 6 EAGs, which are composed of multiple EAs as defined in the table below: Economic area groupings Name Economic areas EAG001 Northeast 1-11, 54. EAG002 Mid-Atlantic 12-26, 41, 42, 44-53, 70. EAG003 Southeast 27-40, 43, 69, 71-86, 88-90, 95, 96, 174, 176 (part). EAG004 Great Lakes 55-68, 97, 100-109. EAG005 Central/Mountain 87, 91-94, 98, 99, 110-146, 148, 149, 152, 154-159, 176 (part). EAG006 Pacific 147, 150, 151, 153, 160-173, 175. Note 1 to paragraph ( c )(3)( i ): Economic Area Groupings are defined by the Federal Communications Commission; see 62 FR 15978 (April 3, 1997) extended with the Gulf of Mexico. Note 2 to paragraph ( c )(3)( i ): Economic Areas are defined by the Regional Economic Analysis Division, Bureau of Economic Analysis, U.S. Department of Commerce February 1995 and extended by the Federal Communications Commission, see 62 FR 9636 (March 3, 1997). ( ii ) For purposes of paragraph (c)(3)(i) of this section, EA 176 (the Gulf of Mexico) will be divided between EAG003 (the Southeast EAG) and EAG005 (the Central/Mountain EAG) in accordance with the configuration of the Eastern/Central and Western Planning Area established by the Mineral Management Services Bureau of the Department of the Interior (MMS). That portion of EA 176 contained in the Eastern and Central Planning Areas as defined by MMS will be included in EAG003; that portion of EA 176 contained in the Western Planning Area as defined by MMS will be included in EAG005. Maps of these areas may be found on the MMS Web site: http://www.gomr.mms.gov/homepg/offshore/offshore.html . ( d ) 1390-1392 MHz band. Service areas for the 1390-1392 MHz band is based on Major Economic Areas (MEAs), as defined in paragraphs (a)(1) and (a)(2) of this section. ( e ) The paired 1392-1395 and 1432-1435 MHz bands. Service areas for the paired 1392-1395 and 1432-1435 MHz bands are as follows. Service areas for Block A in the 1392-1393.5 MHz and 1432-1433.5 MHz bands and Block B in the 1393.5-1395 MHz and 1433.5-1435 MHz bands are based on Economic Area Groupings (EAGs) as defined in paragraph (c)(3) of this section. ( f ) 1670-1675 MHz band. Service areas for the 1670-1675 MHz band are available on a nationwide basis. ( g ) [Reserved] ( h ) 1710-1755 and 2110-2155 MHz bands. AWS service areas for the 1710-1755 MHz and 2110-2155 MHz bands are as follows: ( 1 ) Service areas for Block A (1710-1720 MHz and 2110-2120 MHz) are based on cellular markets comprising Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs) as defined by Public Notice Report No. CL-92-40 “Common Carrier Public Mobile Services Information, Cellular MSA/RSA Markets and Counties,” dated January 24, 1992, DA 92-109, 7 FCC Rcd 742 (1992), with the following modifications: ( i ) The service areas of cellular markets that border the U.S. coastline of the Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline. ( ii ) The service area of cellular market 306 that comprises the water area of the Gulf of Mexico extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf. ( 2 ) Service areas for Blocks B (1720-1730 MHz and 2120-2130 MHz) and C (1730-1735 MHz and 2130-2135 MHz) are based on Economic Areas (EAs) as defined in paragraph (a) of this section. ( 3 ) Service areas for blocks D (1735-1740 MHz and 2135-2140 MHz), E (1740-1745 MHz and 2140-2145 MHz) and F (1745-1755 MHz and 2145-2155 MHz) are based on Regional Economic Area Groupings (REAGs) as defined by paragraph (a) of this section. ( i ) 2000-2020 MHz and 2180-2200 MHz bands. AWS service areas for the 2000-2020 MHz and 2180-2200 MHz bands are based on Economic Areas (EAs) as defined in paragraph (a) of this section. ( j ) 1915-1920 MHz and 1995-2000 MHz bands. AWS service areas for the 1915-1920 MHz and 1995-2000 MHz bands are based on Economic Areas (EAs) as defined in paragraph (a) of this section. ( k ) 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands. AWS service areas for the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands are as follows: ( 1 ) Service areas for Block G (1755-1760 MHz and 2155-2160 MHz) are based on cellular markets comprising Metropolitan Statistical Areas (MSAs) and Rural Service Areas (RSAs) as defined by Public Notice Report No. CL-92-40 “Common Carrier Public Mobile Services Information, Cellular MSA/RSA Markets and Counties,” dated January 24, 1992, DA 92-109, 7 FCC Rcd 742 (1992), with the following modifications: ( i ) The service areas of cellular markets that border the U.S. coastline of the Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline. ( ii ) The service area of cellular market 306 that comprises the water area of the Gulf of Mexico extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf. ( 2 ) Service areas for Blocks H (1760-1765 MHz and 2160-2165 MHz), I (1765-1770 MHz and 2165-2170 MHz), J (1770-1780 MHz and 2170-2180 MHz), A1 (1695-1700 MHz) and B1 (1700-1710 MHz) are based on Economic Areas (EAs) as defined in paragraph (a) of this section. ( l ) 600 MHz band. Service areas for the 600 MHz band are based on Partial Economic Areas (PEAs) as defined by Wireless Telecommunications Bureau Provides Details About Partial Economic Areas, Public Notice, 29 FCC Rcd 6491, App. B (2014). The service areas of PEAs that border the U.S. coastline of the Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline. The service area of the Gulf of Mexico PEA (PEA 416) that comprises the water area of the Gulf of Mexico extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf. ( m ) 3700-3980 MHz Band. Service areas in the 3.7 GHz Service are based on Partial Economic Areas (PEAs) as defined by appendix A to this subpart ( see Wireless Telecommunications Bureau Provides Details About Partial Economic Areas, DA 14-759, Public Notice, released June 2, 2014, for more information). The 3.7 GHz Service will be licensed in the contiguous United States, i.e., the contiguous 48 states and the District of Columbia as defined by Partial Economic Areas Nos. 1-41, 43-211, 213-263, 265-297, 299-359, and 361-411. The service areas of PEAs that border the U.S. coastline of the Gulf of Mexico extend 12 nautical miles from the U.S. Gulf coastline. The 3.7 GHz Service will not be licensed for the following PEAs: Table 3 to Paragraph (m) PEA No. PEA name 42 Honolulu, HI. 212 Anchorage, AK. 264 Kodiak, AK. 298 Fairbanks, AK. 360 Juneau, AK. 412 Puerto Rico. 413 Guam-Northern Mariana Islands. 414 US Virgin Islands. 415 American Samoa. ( n ) 3450-3550 MHz Band. Service areas in the 3.45 GHz Service are based on Partial Economic Areas (PEAs) as defined by appendix A to this subpart. [ 62 FR 9658 , Mar. 3, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 27.6 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 27.9 Operation of certificated signal boosters. Individuals and non-individuals may operate certificated Consumer Signal Boosters on frequencies regulated under this part provided that such operation complies with all applicable rules under this part and § 20.21 of this chapter . Failure to comply with all applicable rules voids the authority to operate a signal booster. [ 78 FR 21564 , Apr. 11, 2013] Appendix A to Subpart A of Part 27—List of Partial Economic Areas With Corresponding Counties PEA No. Federal Information Processing System No. County name State 1 09001 Fairfield CT 1 09003 Hartford CT 1 09005 Litchfield CT 1 09007 Middlesex CT 1 09009 New Haven CT 1 09011 New London CT 1 09013 Tolland CT 1 09015 Windham CT 1 34003 Bergen NJ 1 34013 Essex NJ 1 34017 Hudson NJ 1 34019 Hunterdon NJ 1 34021 Mercer NJ 1 34023 Middlesex NJ 1 34025 Monmouth NJ 1 34027 Morris NJ 1 34029 Ocean NJ 1 34031 Passaic NJ 1 34035 Somerset NJ 1 34037 Sussex NJ 1 34039 Union NJ 1 34041 Warren NJ 1 36005 Bronx NY 1 36027 Dutchess NY 1 36047 Kings NY 1 36059 Nassau NY 1 36061 New York NY 1 36071 Orange NY 1 36079 Putnam NY 1 36081 Queens NY 1 36085 Richmond NY 1 36087 Rockland NY 1 36103 Suffolk NY 1 36105 Sullivan NY 1 36111 Ulster NY 1 36119 Westchester NY 1 42025 Carbon PA 1 42069 Lackawanna PA 1 42077 Lehigh PA 1 42079 Luzerne PA 1 42089 Monroe PA 1 42095 Northampton PA 2 06029 Kern CA 2 06037 Los Angeles CA 2 06059 Orange CA 2 06065 Riverside CA 2 06071 San Bernardino CA 2 06079 San Luis Obispo CA 2 06083 Santa Barbara CA 2 06111 Ventura CA 3 17031 Cook IL 3 17043 DuPage IL 3 17063 Grundy IL 3 17089 Kane IL 3 17091 Kankakee IL 3 17093 Kendall IL 3 17097 Lake IL 3 17111 McHenry IL 3 17197 Will IL 3 18091 La Porte IN 3 18089 Lake IN 3 18127 Porter IN 4 06001 Alameda CA 4 06013 Contra Costa CA 4 06041 Marin CA 4 06053 Monterey CA 4 06055 Napa CA 4 06075 San Francisco CA 4 06077 San Joaquin CA 4 06081 San Mateo CA 4 06085 Santa Clara CA 4 06087 Santa Cruz CA 4 06095 Solano CA 4 06097 Sonoma CA 4 06099 Stanislaus CA 5 11001 District of Columbia DC 5 24003 Anne Arundel MD 5 24005 Baltimore MD 5 24510 Baltimore City MD 5 24009 Calvert MD 5 24011 Caroline MD 5 24013 Carroll MD 5 24017 Charles MD 5 24019 Dorchester MD 5 24025 Harford MD 5 24027 Howard MD 5 24029 Kent MD 5 24031 Montgomery MD 5 24033 Prince George's MD 5 24035 Queen Anne's MD 5 24037 St. Mary's MD 5 24041 Talbot MD 5 51510 Alexandria City VA 5 51013 Arlington VA 5 51059 Fairfax VA 5 51600 Fairfax City VA 5 51610 Falls Church City VA 5 51107 Loudoun VA 5 51683 Manassas City VA 5 51685 Manassas Park City VA 5 51153 Prince William VA 6 10001 Kent DE 6 10003 New Castle DE 6 24015 Cecil MD 6 34001 Atlantic NJ 6 34005 Burlington NJ 6 34007 Camden NJ 6 34009 Cape May NJ 6 34011 Cumberland NJ 6 34015 Gloucester NJ 6 34033 Salem NJ 6 42011 Berks PA 6 42017 Bucks PA 6 42029 Chester PA 6 42045 Delaware PA 6 42071 Lancaster PA 6 42091 Montgomery PA 6 42101 Philadelphia PA 7 25001 Barnstable MA 7 25005 Bristol MA 7 25007 Dukes MA 7 25009 Essex MA 7 25017 Middlesex MA 7 25019 Nantucket MA 7 25021 Norfolk MA 7 25023 Plymouth MA 7 25025 Suffolk MA 7 25027 Worcester MA 7 44001 Bristol RI 7 44003 Kent RI 7 44005 Newport RI 7 44007 Providence RI 7 44009 Washington RI 8 48085 Collin TX 8 48113 Dallas TX 8 48121 Denton TX 8 48139 Ellis TX 8 48181 Grayson TX 8 48221 Hood TX 8 48251 Johnson TX 8 48257 Kaufman TX 8 48367 Parker TX 8 48397 Rockwall TX 8 48439 Tarrant TX 8 48497 Wise TX 9 12011 Broward FL 9 12043 Glades FL 9 12051 Hendry FL 9 12061 Indian River FL 9 12085 Martin FL 9 12086 Miami-Dade FL 9 12087 Monroe FL 9 12093 Okeechobee FL 9 12099 Palm Beach FL 9 12111 St. Lucie FL 10 48039 Brazoria TX 10 48071 Chambers TX 10 48157 Fort Bend TX 10 48167 Galveston TX 10 48201 Harris TX 10 48291 Liberty TX 10 48339 Montgomery TX 10 48473 Waller TX 11 13011 Banks GA 11 13013 Barrow GA 11 13035 Butts GA 11 13057 Cherokee GA 11 13059 Clarke GA 11 13063 Clayton GA 11 13067 Cobb GA 11 13085 Dawson GA 11 13089 DeKalb GA 11 13097 Douglas GA 11 13105 Elbert GA 11 13113 Fayette GA 11 13117 Forsyth GA 11 13119 Franklin GA 11 13121 Fulton GA 11 13133 Greene GA 11 13135 Gwinnett GA 11 13137 Habersham GA 11 13139 Hall GA 11 13147 Hart GA 11 13151 Henry GA 11 13157 Jackson GA 11 13159 Jasper GA 11 13187 Lumpkin GA 11 13195 Madison GA 11 13211 Morgan GA 11 13217 Newton GA 11 13219 Oconee GA 11 13221 Oglethorpe GA 11 13223 Paulding GA 11 13241 Rabun GA 11 13247 Rockdale GA 11 13257 Stephens GA 11 13265 Taliaferro GA 11 13297 Walton GA 11 13311 White GA 12 26049 Genesee MI 12 26087 Lapeer MI 12 26093 Livingston MI 12 26099 Macomb MI 12 26125 Oakland MI 12 26155 Shiawassee MI 12 26147 St. Clair MI 12 26161 Washtenaw MI 12 26163 Wayne MI 13 12009 Brevard FL 13 12017 Citrus FL 13 12035 Flagler FL 13 12049 Hardee FL 13 12055 Highlands FL 13 12069 Lake FL 13 12083 Marion FL 13 12095 Orange FL 13 12097 Osceola FL 13 12105 Polk FL 13 12117 Seminole FL 13 12119 Sumter FL 13 12127 Volusia FL 14 39007 Ashtabula OH 14 39019 Carroll OH 14 39029 Columbiana OH 14 39035 Cuyahoga OH 14 39043 Erie OH 14 39055 Geauga OH 14 39077 Huron OH 14 39085 Lake OH 14 39093 Lorain OH 14 39099 Mahoning OH 14 39103 Medina OH 14 39133 Portage OH 14 39151 Stark OH 14 39153 Summit OH 14 39155 Trumbull OH 14 42085 Mercer PA 15 04013 Maricopa AZ 16 53009 Clallam WA 16 53031 Jefferson WA 16 53033 King WA 16 53035 Kitsap WA 16 53053 Pierce WA 16 53061 Snohomish WA 17 27003 Anoka MN 17 27009 Benton MN 17 27019 Carver MN 17 27025 Chisago MN 17 27037 Dakota MN 17 27053 Hennepin MN 17 27123 Ramsey MN 17 27139 Scott MN 17 27141 Sherburne MN 17 27145 Stearns MN 17 27163 Washington MN 17 27171 Wright MN 17 55109 St. Croix WI 18 06073 San Diego CA 19 41003 Benton OR 19 41005 Clackamas OR 19 41007 Clatsop OR 19 41009 Columbia OR 19 41041 Lincoln OR 19 41043 Linn OR 19 41047 Marion OR 19 41051 Multnomah OR 19 41053 Polk OR 19 41057 Tillamook OR 19 41067 Washington OR 19 41071 Yamhill OR 19 53011 Clark WA 19 53015 Cowlitz WA 19 53069 Wahkiakum WA 20 08001 Adams CO 20 08005 Arapahoe CO 20 08013 Boulder CO 20 08014 Broomfield CO 20 08031 Denver CO 20 08035 Douglas CO 20 08047 Gilpin CO 20 08059 Jefferson CO 21 12053 Hernando FL 21 12057 Hillsborough FL 21 12101 Pasco FL 21 12103 Pinellas FL 22 06005 Amador CA 22 06007 Butte CA 22 06011 Colusa CA 22 06017 El Dorado CA 22 06021 Glenn CA 22 06057 Nevada CA 22 06061 Placer CA 22 06067 Sacramento CA 22 06101 Sutter CA 22 06113 Yolo CA 22 06115 Yuba CA 23 42003 Allegheny PA 23 42005 Armstrong PA 23 42007 Beaver PA 23 42019 Butler PA 23 42063 Indiana PA 23 42073 Lawrence PA 23 42125 Washington PA 23 42129 Westmoreland PA 24 17005 Bond IL 24 17027 Clinton IL 24 17121 Marion IL 24 17133 Monroe IL 24 17163 St. Clair IL 24 29071 Franklin MO 24 29099 Jefferson MO 24 29183 St. Charles MO 24 29189 St. Louis MO 24 29510 St. Louis City MO 25 21015 Boone KY 25 21023 Bracken KY 25 21037 Campbell KY 25 21077 Gallatin KY 25 21081 Grant KY 25 21117 Kenton KY 25 21135 Lewis KY 25 21161 Mason KY 25 21191 Pendleton KY 25 39001 Adams OH 25 39015 Brown OH 25 39017 Butler OH 25 39025 Clermont OH 25 39027 Clinton OH 25 39061 Hamilton OH 25 39071 Highland OH 25 39165 Warren OH 26 04015 Mohave AZ 26 32003 Clark NV 27 49011 Davis UT 27 49035 Salt Lake UT 27 49045 Tooele UT 27 49049 Utah UT 27 49057 Weber UT 28 48013 Atascosa TX 28 48029 Bexar TX 28 48091 Comal TX 28 48187 Guadalupe TX 29 12001 Alachua FL 29 12003 Baker FL 29 12007 Bradford FL 29 12019 Clay FL 29 12023 Columbia FL 29 12029 Dixie FL 29 12031 Duval FL 29 12041 Gilchrist FL 29 12047 Hamilton FL 29 12067 Lafayette FL 29 12075 Levy FL 29 12089 Nassau FL 29 12107 Putnam FL 29 12109 St. Johns FL 29 12121 Suwannee FL 29 12125 Union FL 30 20091 Johnson KS 30 20209 Wyandotte KS 30 29037 Cass MO 30 29047 Clay MO 30 29095 Jackson MO 30 29165 Platte MO 30 29177 Ray MO 31 18011 Boone IN 31 18035 Delaware IN 31 18057 Hamilton IN 31 18063 Hendricks IN 31 18081 Johnson IN 31 18095 Madison IN 31 18097 Marion IN 32 21047 Christian KY 32 47021 Cheatham TN 32 47037 Davidson TN 32 47043 Dickson TN 32 47125 Montgomery TN 32 47147 Robertson TN 32 47149 Rutherford TN 32 47165 Sumner TN 32 47187 Williamson TN 32 47189 Wilson TN 33 37053 Currituck NC 33 51550 Chesapeake City VA 33 51620 Franklin City VA 33 51073 Gloucester VA 33 51650 Hampton City VA 33 51093 Isle of Wight VA 33 51095 James City VA 33 51115 Mathews VA 33 51700 Newport News City VA 33 51710 Norfolk City VA 33 51735 Poquoson City VA 33 51740 Portsmouth City VA 33 51175 Southampton VA 33 51800 Suffolk City VA 33 51181 Surry VA 33 51810 Virginia Beach City VA 33 51830 Williamsburg City VA 33 51199 York VA 34 06019 Fresno CA 34 06031 Kings CA 34 06039 Madera CA 34 06107 Tulare CA 35 48209 Hays TX 35 48331 Milam TX 35 48453 Travis TX 35 48491 Williamson TX 36 22051 Jefferson Parish LA 36 22057 Lafourche Parish LA 36 22071 Orleans Parish LA 36 22075 Plaquemines Parish LA 36 22087 St. Bernard Parish LA 36 22089 St. Charles Parish LA 36 22093 St. James Parish LA 36 22095 St. John the Baptist Parish LA 36 22103 St. Tammany Parish LA 36 22105 Tangipahoa Parish LA 36 22109 Terrebonne Parish LA 36 22117 Washington Parish LA 36 28109 Pearl River MS 37 39041 Delaware OH 37 39045 Fairfield OH 37 39049 Franklin OH 37 39097 Madison OH 37 39129 Pickaway OH 38 55079 Milwaukee WI 38 55089 Ozaukee WI 38 55131 Washington WI 38 55133 Waukesha WI 39 40017 Canadian OK 39 40027 Cleveland OK 39 40031 Comanche OK 39 40051 Grady OK 39 40081 Lincoln OK 39 40083 Logan OK 39 40087 McClain OK 39 40109 Oklahoma OK 39 40125 Pottawatomie OK 40 01015 Calhoun AL 40 01073 Jefferson AL 40 01117 Shelby AL 40 01115 St. Clair AL 40 01121 Talladega AL 40 01125 Tuscaloosa AL 40 01127 Walker AL 41 36011 Cayuga NY 41 36017 Chenango NY 41 36023 Cortland NY 41 36025 Delaware NY 41 36043 Herkimer NY 41 36053 Madison NY 41 36065 Oneida NY 41 36067 Onondaga NY 41 36075 Oswego NY 41 36077 Otsego NY 41 36097 Schuyler NY 41 36109 Tompkins NY 42 15001 Hawaii HI 42 15003 Honolulu HI 42 15005 Kalawao HI 42 15007 Kauai HI 42 15009 Maui HI 43 37071 Gaston NC 43 37119 Mecklenburg NC 43 37179 Union NC 44 36037 Genesee NY 44 36051 Livingston NY 44 36055 Monroe NY 44 36069 Ontario NY 44 36073 Orleans NY 44 36099 Seneca NY 44 36101 Steuben NY 44 36117 Wayne NY 44 36121 Wyoming NY 44 36123 Yates NY 45 37063 Durham NC 45 37135 Orange NC 45 37183 Wake NC 46 05005 Baxter AR 46 05009 Boone AR 46 05015 Carroll AR 46 05023 Cleburne AR 46 05029 Conway AR 46 05045 Faulkner AR 46 05049 Fulton AR 46 05063 Independence AR 46 05065 Izard AR 46 05067 Jackson AR 46 05069 Jefferson AR 46 05071 Johnson AR 46 05085 Lonoke AR 46 05089 Marion AR 46 05101 Newton AR 46 05105 Perry AR 46 05115 Pope AR 46 05117 Prairie AR 46 05119 Pulaski AR 46 05125 Saline AR 46 05129 Searcy AR 46 05135 Sharp AR 46 05137 Stone AR 46 05141 Van Buren AR 46 05145 White AR 46 05147 Woodruff AR 46 05149 Yell AR 47 48061 Cameron TX 47 48215 Hidalgo TX 47 48427 Starr TX 47 48489 Willacy TX 48 42001 Adams PA 48 42041 Cumberland PA 48 42043 Dauphin PA 48 42067 Juniata PA 48 42075 Lebanon PA 48 42099 Perry PA 48 42133 York PA 49 36001 Albany NY 49 36021 Columbia NY 49 36035 Fulton NY 49 36039 Greene NY 49 36041 Hamilton NY 49 36057 Montgomery NY 49 36083 Rensselaer NY 49 36091 Saratoga NY 49 36093 Schenectady NY 49 36095 Schoharie NY 49 36113 Warren NY 49 36115 Washington NY 50 37149 Polk NC 50 45007 Anderson SC 50 45021 Cherokee SC 50 45045 Greenville SC 50 45073 Oconee SC 50 45077 Pickens SC 50 45083 Spartanburg SC 50 45087 Union SC 51 18019 Clark IN 51 18043 Floyd IN 51 18077 Jefferson IN 51 18143 Scott IN 51 21029 Bullitt KY 51 21041 Carroll KY 51 21103 Henry KY 51 21111 Jefferson KY 51 21185 Oldham KY 51 21211 Shelby KY 51 21223 Trimble KY 52 21019 Boyd KY 52 21043 Carter KY 52 21063 Elliott KY 52 21089 Greenup KY 52 39053 Gallia OH 52 39087 Lawrence OH 52 39105 Meigs OH 52 39167 Washington OH 52 54005 Boone WV 52 54007 Braxton WV 52 54011 Cabell WV 52 54013 Calhoun WV 52 54015 Clay WV 52 54019 Fayette WV 52 54021 Gilmer WV 52 54035 Jackson WV 52 54039 Kanawha WV 52 54043 Lincoln WV 52 54045 Logan WV 52 54053 Mason WV 52 54067 Nicholas WV 52 54073 Pleasants WV 52 54079 Putnam WV 52 54081 Raleigh WV 52 54085 Ritchie WV 52 54087 Roane WV 52 54089 Summers WV 52 54099 Wayne WV 52 54101 Webster WV 52 54105 Wirt WV 52 54107 Wood WV 52 54109 Wyoming WV 53 04003 Cochise AZ 53 04019 Pima AZ 53 04023 Santa Cruz AZ 54 36029 Erie NY 54 36063 Niagara NY 55 01033 Colbert AL 55 01049 DeKalb AL 55 01055 Etowah AL 55 01059 Franklin AL 55 01071 Jackson AL 55 01077 Lauderdale AL 55 01079 Lawrence AL 55 01083 Limestone AL 55 01089 Madison AL 55 01095 Marshall AL 55 01103 Morgan AL 55 47103 Lincoln TN 56 26005 Allegan MI 56 26015 Barry MI 56 26023 Branch MI 56 26025 Calhoun MI 56 26067 Ionia MI 56 26077 Kalamazoo MI 56 26107 Mecosta MI 56 26117 Montcalm MI 56 26121 Muskegon MI 56 26123 Newaygo MI 56 26127 Oceana MI 56 26159 Van Buren MI 57 51036 Charles City VA 57 51041 Chesterfield VA 57 51057 Essex VA 57 51075 Goochland VA 57 51085 Hanover VA 57 51087 Henrico VA 57 51097 King and Queen VA 57 51101 King William VA 57 51103 Lancaster VA 57 51119 Middlesex VA 57 51127 New Kent VA 57 51133 Northumberland VA 57 51145 Powhatan VA 57 51159 Richmond VA 57 51760 Richmond City VA 58 17023 Clark IL 58 18007 Benton IN 58 18015 Carroll IN 58 18017 Cass IN 58 18021 Clay IN 58 18023 Clinton IN 58 18045 Fountain IN 58 18055 Greene IN 58 18067 Howard IN 58 18093 Lawrence IN 58 18103 Miami IN 58 18105 Monroe IN 58 18107 Montgomery IN 58 18109 Morgan IN 58 18117 Orange IN 58 18119 Owen IN 58 18121 Parke IN 58 18133 Putnam IN 58 18153 Sullivan IN 58 18157 Tippecanoe IN 58 18159 Tipton IN 58 18165 Vermillion IN 58 18167 Vigo IN 58 18171 Warren IN 58 18181 White IN 59 05035 Crittenden AR 59 47157 Shelby TN 59 47167 Tipton TN 60 33001 Belknap NH 60 33011 Hillsborough NH 60 33013 Merrimack NH 60 33015 Rockingham NH 60 33017 Strafford NH 61 39039 Defiance OH 61 39051 Fulton OH 61 39063 Hancock OH 61 39065 Hardin OH 61 39069 Henry OH 61 39095 Lucas OH 61 39123 Ottawa OH 61 39125 Paulding OH 61 39143 Sandusky OH 61 39147 Seneca OH 61 39171 Williams OH 61 39173 Wood OH 61 39175 Wyandot OH 62 39021 Champaign OH 62 39023 Clark OH 62 39057 Greene OH 62 39109 Miami OH 62 39113 Montgomery OH 62 39135 Preble OH 63 40021 Cherokee OK 63 40037 Creek OK 63 40097 Mayes OK 63 40113 Osage OK 63 40131 Rogers OK 63 40143 Tulsa OK 63 40145 Wagoner OK 64 18039 Elkhart IN 64 18049 Fulton IN 64 18085 Kosciusko IN 64 18087 Lagrange IN 64 18099 Marshall IN 64 18131 Pulaski IN 64 18141 St. Joseph IN 64 18149 Starke IN 64 26021 Berrien MI 64 26027 Cass MI 64 26149 St. Joseph MI 65 12021 Collier FL 65 12071 Lee FL 66 26037 Clinton MI 66 26045 Eaton MI 66 26059 Hillsdale MI 66 26065 Ingham MI 66 26075 Jackson MI 66 26091 Lenawee MI 66 26115 Monroe MI 67 12015 Charlotte FL 67 12027 DeSoto FL 67 12081 Manatee FL 67 12115 Sarasota FL 68 26081 Kent MI 68 26139 Ottawa MI 69 25003 Berkshire MA 69 25011 Franklin MA 69 25013 Hampden MA 69 25015 Hampshire MA 69 50003 Bennington VT 70 06015 Del Norte CA 70 41011 Coos OR 70 41015 Curry OR 70 41019 Douglas OR 70 41029 Jackson OR 70 41033 Josephine OR 70 41039 Lane OR 71 47001 Anderson TN 71 47009 Blount TN 71 47013 Campbell TN 71 47093 Knox TN 71 47105 Loudon TN 71 47129 Morgan TN 71 47145 Roane TN 71 47151 Scott TN 71 47173 Union TN 72 12005 Bay FL 72 12013 Calhoun FL 72 12037 Franklin FL 72 12039 Gadsden FL 72 12045 Gulf FL 72 12063 Jackson FL 72 12065 Jefferson FL 72 12073 Leon FL 72 12077 Liberty FL 72 12079 Madison FL 72 12123 Taylor FL 72 12129 Wakulla FL 72 13087 Decatur GA 72 13099 Early GA 72 13131 Grady GA 72 13201 Miller GA 72 13253 Seminole GA 72 13275 Thomas GA 73 48141 El Paso TX 74 13047 Catoosa GA 74 13083 Dade GA 74 13295 Walker GA 74 47007 Bledsoe TN 74 47011 Bradley TN 74 47065 Hamilton TN 74 47115 Marion TN 74 47107 McMinn TN 74 47121 Meigs TN 74 47123 Monroe TN 74 47139 Polk TN 74 47143 Rhea TN 74 47153 Sequatchie TN 75 35001 Bernalillo NM 75 35043 Sandoval NM 76 06003 Alpine CA 76 06027 Inyo CA 76 06035 Lassen CA 76 06051 Mono CA 76 06063 Plumas CA 76 06091 Sierra CA 76 32510 Carson City NV 76 32001 Churchill NV 76 32005 Douglas NV 76 32007 Elko NV 76 32011 Eureka NV 76 32013 Humboldt NV 76 32015 Lander NV 76 32019 Lyon NV 76 32027 Pershing NV 76 32029 Storey NV 76 32031 Washoe NV 76 32033 White Pine NV 77 23001 Androscoggin ME 77 23005 Cumberland ME 77 23007 Franklin ME 77 23013 Knox ME 77 23015 Lincoln ME 77 23017 Oxford ME 77 23023 Sagadahoc ME 77 23031 York ME 78 37001 Alamance NC 78 37081 Guilford NC 78 37151 Randolph NC 79 28001 Adams MS 79 28005 Amite MS 79 28021 Claiborne MS 79 28023 Clarke MS 79 28029 Copiah MS 79 28031 Covington MS 79 28035 Forrest MS 79 28037 Franklin MS 79 28041 Greene MS 79 28061 Jasper MS 79 28063 Jefferson MS 79 28065 Jefferson Davis MS 79 28067 Jones MS 79 28069 Kemper MS 79 28073 Lamar MS 79 28075 Lauderdale MS 79 28077 Lawrence MS 79 28079 Leake MS 79 28085 Lincoln MS 79 28091 Marion MS 79 28099 Neshoba MS 79 28101 Newton MS 79 28111 Perry MS 79 28113 Pike MS 79 28123 Scott MS 79 28127 Simpson MS 79 28129 Smith MS 79 28147 Walthall MS 79 28153 Wayne MS 80 19155 Pottawattamie IA 80 31055 Douglas NE 80 31153 Sarpy NE 81 26001 Alcona MI 81 26011 Arenac MI 81 26017 Bay MI 81 26035 Clare MI 81 26051 Gladwin MI 81 26057 Gratiot MI 81 26063 Huron MI 81 26069 Iosco MI 81 26073 Isabella MI 81 26111 Midland MI 81 26129 Ogemaw MI 81 26145 Saginaw MI 81 26151 Sanilac MI 81 26157 Tuscola MI 82 22005 Ascension Parish LA 82 22007 Assumption Parish LA 82 22033 East Baton Rouge Parish LA 82 22047 Iberville Parish LA 82 22063 Livingston Parish LA 82 22121 West Baton Rouge Parish LA 83 18001 Adams IN 83 18003 Allen IN 83 18009 Blackford IN 83 18033 De Kalb IN 83 18053 Grant IN 83 18069 Huntington IN 83 18075 Jay IN 83 18113 Noble IN 83 18151 Steuben IN 83 18169 Wabash IN 83 18179 Wells IN 83 18183 Whitley IN 84 01003 Baldwin AL 84 01025 Clarke AL 84 01035 Conecuh AL 84 01053 Escambia AL 84 01097 Mobile AL 84 01099 Monroe AL 84 01129 Washington AL 84 01131 Wilcox AL 85 45015 Berkeley SC 85 45019 Charleston SC 85 45029 Colleton SC 85 45035 Dorchester SC 86 21005 Anderson KY 86 21011 Bath KY 86 21017 Bourbon KY 86 21049 Clark KY 86 21067 Fayette KY 86 21069 Fleming KY 86 21073 Franklin KY 86 21097 Harrison KY 86 21113 Jessamine KY 86 21165 Menifee KY 86 21167 Mercer KY 86 21173 Montgomery KY 86 21181 Nicholas KY 86 21187 Owen KY 86 21201 Robertson KY 86 21205 Rowan KY 86 21209 Scott KY 86 21239 Woodford KY 87 12033 Escambia FL 87 12091 Okaloosa FL 87 12113 Santa Rosa FL 87 12131 Walton FL 88 24001 Allegany MD 88 24021 Frederick MD 88 24023 Garrett MD 88 24043 Washington MD 88 42055 Franklin PA 88 42057 Fulton PA 88 54057 Mineral WV 89 45063 Lexington SC 89 45079 Richland SC 90 22025 Catahoula Parish LA 90 22029 Concordia Parish LA 90 22065 Madison Parish LA 90 22107 Tensas Parish LA 90 28007 Attala MS 90 28049 Hinds MS 90 28051 Holmes MS 90 28089 Madison MS 90 28121 Rankin MS 90 28149 Warren MS 90 28163 Yazoo MS 91 08041 El Paso CO 91 08119 Teller CO 92 17019 Champaign IL 92 17025 Clay IL 92 17029 Coles IL 92 17035 Cumberland IL 92 17041 Douglas IL 92 17045 Edgar IL 92 17049 Effingham IL 92 17051 Fayette IL 92 17053 Ford IL 92 17079 Jasper IL 92 17115 Macon IL 92 17139 Moultrie IL 92 17147 Piatt IL 92 17173 Shelby IL 92 17183 Vermilion IL 93 22001 Acadia Parish LA 93 22039 Evangeline Parish LA 93 22045 Iberia Parish LA 93 22055 Lafayette Parish LA 93 22097 St. Landry Parish LA 93 22099 St. Martin Parish LA 93 22101 St. Mary Parish LA 93 22113 Vermilion Parish LA 94 48027 Bell TX 94 48099 Coryell TX 94 48145 Falls TX 94 48309 McLennan TX 95 21025 Breathitt KY 95 21065 Estill KY 95 21071 Floyd KY 95 21109 Jackson KY 95 21115 Johnson KY 95 21119 Knott KY 95 21127 Lawrence KY 95 21129 Lee KY 95 21133 Letcher KY 95 21153 Magoffin KY 95 21159 Martin KY 95 21175 Morgan KY 95 21189 Owsley KY 95 21193 Perry KY 95 21195 Pike KY 95 21197 Powell KY 95 21237 Wolfe KY 95 51021 Bland VA 95 51027 Buchanan VA 95 51051 Dickenson VA 95 51105 Lee VA 95 51720 Norton City VA 95 51167 Russell VA 95 51185 Tazewell VA 95 51195 Wise VA 95 54047 McDowell WV 95 54055 Mercer WV 95 54059 Mingo WV 96 21001 Adair KY 96 21013 Bell KY 96 21021 Boyle KY 96 21045 Casey KY 96 21051 Clay KY 96 21053 Clinton KY 96 21079 Garrard KY 96 21087 Green KY 96 21095 Harlan KY 96 21121 Knox KY 96 21125 Laurel KY 96 21131 Leslie KY 96 21137 Lincoln KY 96 21151 Madison KY 96 21147 McCreary KY 96 21199 Pulaski KY 96 21203 Rockcastle KY 96 21207 Russell KY 96 21217 Taylor KY 96 21231 Wayne KY 96 21235 Whitley KY 96 47025 Claiborne TN 97 19143 Osceola IA 97 27013 Blue Earth MN 97 27015 Brown MN 97 27023 Chippewa MN 97 27033 Cottonwood MN 97 27043 Faribault MN 97 27047 Freeborn MN 97 27063 Jackson MN 97 27067 Kandiyohi MN 97 27073 Lac qui Parle MN 97 27079 Le Sueur MN 97 27081 Lincoln MN 97 27083 Lyon MN 97 27091 Martin MN 97 27085 McLeod MN 97 27093 Meeker MN 97 27101 Murray MN 97 27103 Nicollet MN 97 27105 Nobles MN 97 27127 Redwood MN 97 27129 Renville MN 97 27131 Rice MN 97 27143 Sibley MN 97 27147 Steele MN 97 27161 Waseca MN 97 27165 Watonwan MN 97 27173 Yellow Medicine MN 98 47019 Carter TN 98 47059 Greene TN 98 47073 Hawkins TN 98 47163 Sullivan TN 98 47171 Unicoi TN 98 47179 Washington TN 98 51520 Bristol City VA 98 51169 Scott VA 98 51173 Smyth VA 98 51191 Washington VA 99 28003 Alcorn MS 99 28013 Calhoun MS 99 28017 Chickasaw MS 99 28019 Choctaw MS 99 28025 Clay MS 99 28043 Grenada MS 99 28057 Itawamba MS 99 28081 Lee MS 99 28087 Lowndes MS 99 28095 Monroe MS 99 28097 Montgomery MS 99 28103 Noxubee MS 99 28105 Oktibbeha MS 99 28115 Pontotoc MS 99 28117 Prentiss MS 99 28139 Tippah MS 99 28141 Tishomingo MS 99 28145 Union MS 99 28155 Webster MS 99 28159 Winston MS 99 47071 Hardin TN 99 47109 McNairy TN 100 37013 Beaufort NC 100 37031 Carteret NC 100 37049 Craven NC 100 37055 Dare NC 100 37079 Greene NC 100 37095 Hyde NC 100 37103 Jones NC 100 37107 Lenoir NC 100 37117 Martin NC 100 37137 Pamlico NC 100 37147 Pitt NC 100 37177 Tyrrell NC 100 37187 Washington NC 101 20015 Butler KS 101 20173 Sedgwick KS 102 08015 Chaffee CO 102 08019 Clear Creek CO 102 08027 Custer CO 102 08029 Delta CO 102 08037 Eagle CO 102 08043 Fremont CO 102 08045 Garfield CO 102 08049 Grand CO 102 08051 Gunnison CO 102 08053 Hinsdale CO 102 08057 Jackson CO 102 08065 Lake CO 102 08077 Mesa CO 102 08081 Moffat CO 102 08085 Montrose CO 102 08091 Ouray CO 102 08093 Park CO 102 08097 Pitkin CO 102 08103 Rio Blanco CO 102 08107 Routt CO 102 08113 San Miguel CO 102 08117 Summit CO 103 51043 Clarke VA 103 51061 Fauquier VA 103 51069 Frederick VA 103 51139 Page VA 103 51157 Rappahannock VA 103 51171 Shenandoah VA 103 51187 Warren VA 103 51840 Winchester City VA 103 54003 Berkeley WV 103 54023 Grant WV 103 54027 Hampshire WV 103 54031 Hardy WV 103 54037 Jefferson WV 103 54065 Morgan WV 103 54083 Randolph WV 103 54093 Tucker WV 104 08069 Larimer CO 104 08123 Weld CO 105 13073 Columbia GA 105 13181 Lincoln GA 105 13189 McDuffie GA 105 13245 Richmond GA 105 13317 Wilkes GA 105 45003 Aiken SC 105 45037 Edgefield SC 106 39009 Athens OH 106 39047 Fayette OH 106 39059 Guernsey OH 106 39073 Hocking OH 106 39079 Jackson OH 106 39115 Morgan OH 106 39119 Muskingum OH 106 39121 Noble OH 106 39127 Perry OH 106 39131 Pike OH 106 39141 Ross OH 106 39145 Scioto OH 106 39163 Vinton OH 107 23003 Aroostook ME 107 23009 Hancock ME 107 23011 Kennebec ME 107 23019 Penobscot ME 107 23021 Piscataquis ME 107 23025 Somerset ME 107 23027 Waldo ME 107 23029 Washington ME 108 19049 Dallas IA 108 19153 Polk IA 108 19181 Warren IA 109 37065 Edgecombe NC 109 37069 Franklin NC 109 37077 Granville NC 109 37083 Halifax NC 109 37127 Nash NC 109 37131 Northampton NC 109 37145 Person NC 109 37181 Vance NC 109 37185 Warren NC 109 37195 Wilson NC 110 21075 Fulton KY 110 21105 Hickman KY 110 47005 Benton TN 110 47017 Carroll TN 110 47023 Chester TN 110 47033 Crockett TN 110 47039 Decatur TN 110 47045 Dyer TN 110 47047 Fayette TN 110 47053 Gibson TN 110 47069 Hardeman TN 110 47075 Haywood TN 110 47077 Henderson TN 110 47079 Henry TN 110 47095 Lake TN 110 47097 Lauderdale TN 110 47113 Madison TN 110 47131 Obion TN 110 47183 Weakley TN 111 05007 Benton AR 111 05087 Madison AR 111 05143 Washington AR 111 29119 McDonald MO 111 40001 Adair OK 111 40041 Delaware OK 112 21003 Allen KY 112 21009 Barren KY 112 21031 Butler KY 112 21057 Cumberland KY 112 21061 Edmonson KY 112 21099 Hart KY 112 21141 Logan KY 112 21169 Metcalfe KY 112 21171 Monroe KY 112 21213 Simpson KY 112 21219 Todd KY 112 21227 Warren KY 112 47027 Clay TN 112 47035 Cumberland TN 112 47049 Fentress TN 112 47087 Jackson TN 112 47111 Macon TN 112 47133 Overton TN 112 47137 Pickett TN 112 47141 Putnam TN 112 47169 Trousdale TN 113 42031 Clarion PA 113 42039 Crawford PA 113 42049 Erie PA 113 42053 Forest PA 113 42121 Venango PA 113 42123 Warren PA 114 42051 Fayette PA 114 42059 Greene PA 114 54001 Barbour WV 114 54017 Doddridge WV 114 54033 Harrison WV 114 54041 Lewis WV 114 54049 Marion WV 114 54061 Monongalia WV 114 54077 Preston WV 114 54091 Taylor WV 114 54097 Upshur WV 115 37021 Buncombe NC 115 37087 Haywood NC 115 37089 Henderson NC 115 37099 Jackson NC 115 37115 Madison NC 115 37173 Swain NC 115 37175 Transylvania NC 116 17007 Boone IL 116 17201 Winnebago IL 116 55105 Rock WI 117 13045 Carroll GA 117 13077 Coweta GA 117 13143 Haralson GA 117 13149 Heard GA 117 13171 Lamar GA 117 13199 Meriwether GA 117 13231 Pike GA 117 13255 Spalding GA 117 13263 Talbot GA 117 13285 Troup GA 117 13293 Upson GA 118 18005 Bartholomew IN 118 18013 Brown IN 118 18031 Decatur IN 118 18041 Fayette IN 118 18059 Hancock IN 118 18065 Henry IN 118 18071 Jackson IN 118 18079 Jennings IN 118 18135 Randolph IN 118 18139 Rush IN 118 18145 Shelby IN 118 18161 Union IN 118 18177 Wayne IN 119 53005 Benton WA 119 53021 Franklin WA 119 53077 Yakima WA 120 05027 Columbia AR 120 05073 Lafayette AR 120 22013 Bienville Parish LA 120 22015 Bossier Parish LA 120 22017 Caddo Parish LA 120 22027 Claiborne Parish LA 120 22119 Webster Parish LA 120 22127 Winn Parish LA 121 42009 Bedford PA 121 42013 Blair PA 121 42021 Cambria PA 121 42061 Huntingdon PA 121 42087 Mifflin PA 121 42111 Somerset PA 122 55025 Dane WI 123 39005 Ashland OH 123 39033 Crawford OH 123 39067 Harrison OH 123 39075 Holmes OH 123 39139 Richland OH 123 39157 Tuscarawas OH 123 39169 Wayne OH 124 53027 Grays Harbor WA 124 53041 Lewis WA 124 53045 Mason WA 124 53049 Pacific WA 124 53067 Thurston WA 125 17013 Calhoun IL 125 17083 Jersey IL 125 17117 Macoupin IL 125 17119 Madison IL 125 29073 Gasconade MO 125 29113 Lincoln MO 125 29139 Montgomery MO 125 29163 Pike MO 125 29219 Warren MO 126 04007 Gila AZ 126 04009 Graham AZ 126 04011 Greenlee AZ 126 04021 Pinal AZ 127 18027 Daviess IN 127 18037 Dubois IN 127 18051 Gibson IN 127 18083 Knox IN 127 18101 Martin IN 127 18123 Perry IN 127 18125 Pike IN 127 18129 Posey IN 127 18147 Spencer IN 127 18163 Vanderburgh IN 127 18173 Warrick IN 128 13009 Baldwin GA 128 13021 Bibb GA 128 13023 Bleckley GA 128 13091 Dodge GA 128 13153 Houston GA 128 13169 Jones GA 128 13225 Peach GA 128 13235 Pulaski GA 128 13289 Twiggs GA 128 13315 Wilcox GA 128 13319 Wilkinson GA 129 17001 Adams IL 129 17009 Brown IL 129 17017 Cass IL 129 17021 Christian IL 129 17061 Greene IL 129 17107 Logan IL 129 17129 Menard IL 129 17135 Montgomery IL 129 17137 Morgan IL 129 17149 Pike IL 129 17167 Sangamon IL 129 17169 Schuyler IL 129 17171 Scott IL 130 53063 Spokane WA 131 37037 Chatham NC 131 37085 Harnett NC 131 37101 Johnston NC 131 37105 Lee NC 131 37163 Sampson NC 132 48007 Aransas TX 132 48025 Bee TX 132 48355 Nueces TX 132 48391 Refugio TX 132 48409 San Patricio TX 133 48005 Angelina TX 133 48161 Freestone TX 133 48225 Houston TX 133 48289 Leon TX 133 48293 Limestone TX 133 48313 Madison TX 133 48347 Nacogdoches TX 133 48373 Polk TX 133 48395 Robertson TX 133 48403 Sabine TX 133 48405 San Augustine TX 133 48407 San Jacinto TX 133 48419 Shelby TX 133 48455 Trinity TX 133 48471 Walker TX 134 39031 Coshocton OH 134 39083 Knox OH 134 39089 Licking OH 134 39091 Logan OH 134 39101 Marion OH 134 39117 Morrow OH 134 39159 Union OH 135 48199 Hardin TX 135 48241 Jasper TX 135 48245 Jefferson TX 135 48351 Newton TX 135 48361 Orange TX 135 48457 Tyler TX 136 42035 Clinton PA 136 42037 Columbia PA 136 42081 Lycoming PA 136 42093 Montour PA 136 42097 Northumberland PA 136 42109 Snyder PA 136 42113 Sullivan PA 136 42119 Union PA 136 42131 Wyoming PA 137 27049 Goodhue MN 137 55005 Barron WI 137 55013 Burnett WI 137 55017 Chippewa WI 137 55033 Dunn WI 137 55035 Eau Claire WI 137 55091 Pepin WI 137 55093 Pierce WI 137 55095 Polk WI 137 55107 Rusk WI 137 55113 Sawyer WI 137 55129 Washburn WI 138 50001 Addison VT 138 50005 Caledonia VT 138 50007 Chittenden VT 138 50011 Franklin VT 138 50013 Grand Isle VT 138 50015 Lamoille VT 138 50019 Orleans VT 138 50021 Rutland VT 138 50023 Washington VT 139 05001 Arkansas AR 139 05003 Ashley AR 139 05011 Bradley AR 139 05013 Calhoun AR 139 05017 Chicot AR 139 05019 Clark AR 139 05025 Cleveland AR 139 05039 Dallas AR 139 05041 Desha AR 139 05043 Drew AR 139 05051 Garland AR 139 05053 Grant AR 139 05057 Hempstead AR 139 05059 Hot Spring AR 139 05061 Howard AR 139 05079 Lincoln AR 139 05095 Monroe AR 139 05097 Montgomery AR 139 05099 Nevada AR 139 05103 Ouachita AR 139 05109 Pike AR 139 05139 Union AR 140 51033 Caroline VA 140 51047 Culpeper VA 140 51630 Fredericksburg City VA 140 51099 King George VA 140 51113 Madison VA 140 51137 Orange VA 140 51177 Spotsylvania VA 140 51179 Stafford VA 140 51193 Westmoreland VA 141 27001 Aitkin MN 141 27007 Beltrami MN 141 27021 Cass MN 141 27029 Clearwater MN 141 27035 Crow Wing MN 141 27041 Douglas MN 141 27051 Grant MN 141 27057 Hubbard MN 141 27059 Isanti MN 141 27065 Kanabec MN 141 27095 Mille Lacs MN 141 27097 Morrison MN 141 27115 Pine MN 141 27121 Pope MN 141 27149 Stevens MN 141 27151 Swift MN 141 27153 Todd MN 141 27159 Wadena MN 142 06009 Calaveras CA 142 06043 Mariposa CA 142 06047 Merced CA 142 06069 San Benito CA 142 06109 Tuolumne CA 143 33003 Carroll NH 143 33005 Cheshire NH 143 33007 Coos NH 143 33009 Grafton NH 143 33019 Sullivan NH 143 50009 Essex VT 143 50017 Orange VT 143 50025 Windham VT 143 50027 Windsor VT 144 48063 Camp TX 144 48119 Delta TX 144 48147 Fannin TX 144 48159 Franklin TX 144 48223 Hopkins TX 144 48231 Hunt TX 144 48277 Lamar TX 144 48379 Rains TX 144 48387 Red River TX 144 48449 Titus TX 144 48459 Upshur TX 144 48467 Van Zandt TX 144 48499 Wood TX 145 47003 Bedford TN 145 47015 Cannon TN 145 47031 Coffee TN 145 47041 DeKalb TN 145 47051 Franklin TN 145 47055 Giles TN 145 47061 Grundy TN 145 47117 Marshall TN 145 47119 Maury TN 145 47127 Moore TN 145 47159 Smith TN 145 47175 Van Buren TN 145 47177 Warren TN 145 47185 White TN 146 37019 Brunswick NC 146 37047 Columbus NC 146 37129 New Hanover NC 146 37141 Pender NC 147 10005 Sussex DE 147 24039 Somerset MD 147 24045 Wicomico MD 147 24047 Worcester MD 147 51001 Accomack VA 147 51131 Northampton VA 148 53029 Island WA 148 53055 San Juan WA 148 53057 Skagit WA 148 53073 Whatcom WA 149 28039 George MS 149 28045 Hancock MS 149 28047 Harrison MS 149 28059 Jackson MS 149 28131 Stone MS 150 29029 Camden MO 150 29059 Dallas MO 150 29065 Dent MO 150 29085 Hickory MO 150 29105 Laclede MO 150 29125 Maries MO 150 29131 Miller MO 150 29141 Morgan MO 150 29149 Oregon MO 150 29161 Phelps MO 150 29167 Polk MO 150 29169 Pulaski MO 150 29203 Shannon MO 150 29215 Texas MO 150 29225 Webster MO 150 29229 Wright MO 151 37067 Forsyth NC 151 37169 Stokes NC 152 48183 Gregg TX 152 48203 Harrison TX 152 48423 Smith TX 153 55027 Dodge WI 153 55039 Fond du Lac WI 153 55047 Green Lake WI 153 55055 Jefferson WI 153 55127 Walworth WI 154 45033 Dillon SC 154 45043 Georgetown SC 154 45051 Horry SC 154 45067 Marion SC 155 55015 Calumet WI 155 55087 Outagamie WI 155 55139 Winnebago WI 156 16001 Ada ID 157 04012 La Paz AZ 157 04027 Yuma AZ 157 06025 Imperial CA 158 30029 Flathead MT 158 30039 Granite MT 158 30047 Lake MT 158 30049 Lewis and Clark MT 158 30053 Lincoln MT 158 30061 Mineral MT 158 30063 Missoula MT 158 30077 Powell MT 158 30081 Ravalli MT 158 30089 Sanders MT 159 13007 Baker GA 159 13017 Ben Hill GA 159 13019 Berrien GA 159 13027 Brooks GA 159 13037 Calhoun GA 159 13061 Clay GA 159 13071 Colquitt GA 159 13075 Cook GA 159 13101 Echols GA 159 13155 Irwin GA 159 13173 Lanier GA 159 13185 Lowndes GA 159 13205 Mitchell GA 159 13243 Randolph GA 159 13273 Terrell GA 159 13277 Tift GA 159 13287 Turner GA 159 13321 Worth GA 160 48015 Austin TX 160 48051 Burleson TX 160 48057 Calhoun TX 160 48089 Colorado TX 160 48123 DeWitt TX 160 48149 Fayette TX 160 48175 Goliad TX 160 48239 Jackson TX 160 48285 Lavaca TX 160 48321 Matagorda TX 160 48469 Victoria TX 160 48477 Washington TX 160 48481 Wharton TX 161 17003 Alexander IL 161 17055 Franklin IL 161 17059 Gallatin IL 161 17065 Hamilton IL 161 17069 Hardin IL 161 17077 Jackson IL 161 17081 Jefferson IL 161 17087 Johnson IL 161 17145 Perry IL 161 17151 Pope IL 161 17153 Pulaski IL 161 17157 Randolph IL 161 17165 Saline IL 161 17181 Union IL 161 17189 Washington IL 161 17199 Williamson IL 162 18025 Crawford IN 162 18061 Harrison IN 162 18175 Washington IN 162 21027 Breckinridge KY 162 21085 Grayson KY 162 21093 Hardin KY 162 21123 Larue KY 162 21155 Marion KY 162 21163 Meade KY 162 21179 Nelson KY 162 21215 Spencer KY 162 21229 Washington KY 163 19163 Scott IA 163 17073 Henry IL 163 17161 Rock Island IL 164 01001 Autauga AL 164 01051 Elmore AL 164 01101 Montgomery AL 165 01017 Chambers AL 165 01019 Cherokee AL 165 01029 Cleburne AL 165 01111 Randolph AL 165 13015 Bartow GA 165 13055 Chattooga GA 165 13115 Floyd GA 165 13233 Polk GA 166 06049 Modoc CA 166 06089 Shasta CA 166 06093 Siskiyou CA 166 06103 Tehama CA 166 41035 Klamath OR 167 51005 Alleghany VA 167 51015 Augusta VA 167 51017 Bath VA 167 51530 Buena Vista City VA 167 51580 Covington City VA 167 51660 Harrisonburg City VA 167 51091 Highland VA 167 51678 Lexington City VA 167 51163 Rockbridge VA 167 51165 Rockingham VA 167 51790 Staunton City VA 167 51820 Waynesboro City VA 167 54025 Greenbrier WV 167 54071 Pendleton WV 167 54075 Pocahontas WV 168 17143 Peoria IL 168 17179 Tazewell IL 168 17203 Woodford IL 169 37061 Duplin NC 169 37133 Onslow NC 169 37191 Wayne NC 170 01005 Barbour AL 170 01031 Coffee AL 170 01039 Covington AL 170 01045 Dale AL 170 01061 Geneva AL 170 01067 Henry AL 170 01069 Houston AL 170 12059 Holmes FL 170 12133 Washington FL 170 13239 Quitman GA 171 05033 Crawford AR 171 05047 Franklin AR 171 05083 Logan AR 171 05127 Scott AR 171 05131 Sebastian AR 171 40061 Haskell OK 171 40077 Latimer OK 171 40079 Le Flore OK 171 40135 Sequoyah OK 172 27017 Carlton MN 172 27031 Cook MN 172 27061 Itasca MN 172 27071 Koochiching MN 172 27075 Lake MN 172 27137 St. Louis MN 172 55031 Douglas WI 173 51019 Bedford VA 173 51515 Bedford City VA 173 51035 Carroll VA 173 51063 Floyd VA 173 51067 Franklin VA 173 51071 Giles VA 173 51121 Montgomery VA 173 51155 Pulaski VA 173 51750 Radford City VA 173 54063 Monroe WV 174 29043 Christian MO 174 29077 Greene MO 175 28009 Benton MS 175 28033 DeSoto MS 175 28071 Lafayette MS 175 28093 Marshall MS 175 28107 Panola MS 175 28119 Quitman MS 175 28137 Tate MS 175 28143 Tunica MS 175 28161 Yalobusha MS 176 19015 Boone IA 176 19025 Calhoun IA 176 19027 Carroll IA 176 19047 Crawford IA 176 19073 Greene IA 176 19075 Grundy IA 176 19079 Hamilton IA 176 19083 Hardin IA 176 19091 Humboldt IA 176 19127 Marshall IA 176 19161 Sac IA 176 19169 Story IA 176 19171 Tama IA 176 19187 Webster IA 176 19197 Wright IA 177 13029 Bryan GA 177 13051 Chatham GA 177 13103 Effingham GA 178 20003 Anderson KS 178 20011 Bourbon KS 178 20059 Franklin KS 178 20107 Linn KS 178 20121 Miami KS 178 29013 Bates MO 178 29015 Benton MO 178 29039 Cedar MO 178 29083 Henry MO 178 29101 Johnson MO 178 29107 Lafayette MO 178 29159 Pettis MO 178 29195 Saline MO 178 29185 St. Clair MO 178 29217 Vernon MO 179 19007 Appanoose IA 179 19051 Davis IA 179 19057 Des Moines IA 179 19087 Henry IA 179 19099 Jasper IA 179 19101 Jefferson IA 179 19107 Keokuk IA 179 19111 Lee IA 179 19123 Mahaska IA 179 19125 Marion IA 179 19135 Monroe IA 179 19157 Poweshiek IA 179 19177 Van Buren IA 179 19179 Wapello IA 179 17067 Hancock IL 179 17071 Henderson IL 179 29045 Clark MO 179 29199 Scotland MO 180 04005 Coconino AZ 180 04025 Yavapai AZ 181 05081 Little River AR 181 05091 Miller AR 181 05113 Polk AR 181 05133 Sevier AR 181 40013 Bryan OK 181 40023 Choctaw OK 181 40089 McCurtain OK 181 40127 Pushmataha OK 181 48037 Bowie TX 181 48067 Cass TX 181 48315 Marion TX 181 48343 Morris TX 182 19103 Johnson IA 182 19113 Linn IA 183 29019 Boone MO 183 29027 Callaway MO 183 29051 Cole MO 183 29053 Cooper MO 183 29089 Howard MO 183 29135 Moniteau MO 183 29151 Osage MO 184 22021 Caldwell Parish LA 184 22035 East Carroll Parish LA 184 22041 Franklin Parish LA 184 22049 Jackson Parish LA 184 22061 Lincoln Parish LA 184 22067 Morehouse Parish LA 184 22073 Ouachita Parish LA 184 22083 Richland Parish LA 184 22111 Union Parish LA 184 22123 West Carroll Parish LA 185 26013 Baraga MI 185 26043 Dickinson MI 185 26053 Gogebic MI 185 26061 Houghton MI 185 26071 Iron MI 185 26083 Keweenaw MI 185 26103 Marquette MI 185 26109 Menominee MI 185 26131 Ontonagon MI 185 55037 Florence WI 185 55051 Iron WI 185 55075 Marinette WI 185 55078 Menominee WI 185 55083 Oconto WI 185 55115 Shawano WI 186 45023 Chester SC 186 45057 Lancaster SC 186 45091 York SC 187 16005 Bannock ID 187 16011 Bingham ID 187 16019 Bonneville ID 187 16033 Clark ID 187 16043 Fremont ID 187 16051 Jefferson ID 187 16065 Madison ID 187 16077 Power ID 187 16081 Teton ID 188 36003 Allegany NY 188 36009 Cattaraugus NY 188 36013 Chautauqua NY 188 42083 McKean PA 188 42105 Potter PA 189 22003 Allen Parish LA 189 22009 Avoyelles Parish LA 189 22011 Beauregard Parish LA 189 22043 Grant Parish LA 189 22059 La Salle Parish LA 189 22079 Rapides Parish LA 189 22115 Vernon Parish LA 190 30019 Daniels MT 190 30021 Dawson MT 190 30031 Gallatin MT 190 30033 Garfield MT 190 30037 Golden Valley MT 190 30057 Madison MT 190 30055 McCone MT 190 30065 Musselshell MT 190 30067 Park MT 190 30069 Petroleum MT 190 30083 Richland MT 190 30085 Roosevelt MT 190 30091 Sheridan MT 190 30095 Stillwater MT 190 30097 Sweet Grass MT 190 30105 Valley MT 190 30111 Yellowstone MT 191 51007 Amelia VA 191 51025 Brunswick VA 191 51029 Buckingham VA 191 51037 Charlotte VA 191 51570 Colonial Heights City VA 191 51049 Cumberland VA 191 51053 Dinwiddie VA 191 51595 Emporia City VA 191 51081 Greensville VA 191 51670 Hopewell City VA 191 51111 Lunenburg VA 191 51117 Mecklenburg VA 191 51135 Nottoway VA 191 51730 Petersburg City VA 191 51147 Prince Edward VA 191 51149 Prince George VA 191 51183 Sussex VA 192 37051 Cumberland NC 193 20005 Atchison KS 193 20043 Doniphan KS 193 20045 Douglas KS 193 20103 Leavenworth KS 193 29003 Andrew MO 193 29021 Buchanan MO 194 42023 Cameron PA 194 42027 Centre PA 194 42033 Clearfield PA 194 42047 Elk PA 194 42065 Jefferson PA 195 16009 Benewah ID 195 16017 Bonner ID 195 16021 Boundary ID 195 16035 Clearwater ID 195 16049 Idaho ID 195 16055 Kootenai ID 195 16057 Latah ID 195 16061 Lewis ID 195 16069 Nez Perce ID 195 16079 Shoshone ID 196 29017 Bollinger MO 196 29023 Butler MO 196 29031 Cape Girardeau MO 196 29035 Carter MO 196 29093 Iron MO 196 29123 Madison MO 196 29133 Mississippi MO 196 29143 New Madrid MO 196 29157 Perry MO 196 29179 Reynolds MO 196 29181 Ripley MO 196 29201 Scott MO 196 29207 Stoddard MO 196 29223 Wayne MO 197 39013 Belmont OH 197 39081 Jefferson OH 197 39111 Monroe OH 197 54009 Brooke WV 197 54029 Hancock WV 197 54051 Marshall WV 197 54069 Ohio WV 197 54095 Tyler WV 197 54103 Wetzel WV 198 05021 Clay AR 198 05031 Craighead AR 198 05055 Greene AR 198 05075 Lawrence AR 198 05093 Mississippi AR 198 05111 Poinsett AR 198 05121 Randolph AR 198 29069 Dunklin MO 198 29155 Pemiscot MO 199 13111 Fannin GA 199 13123 Gilmer GA 199 13129 Gordon GA 199 13213 Murray GA 199 13227 Pickens GA 199 13281 Towns GA 199 13291 Union GA 199 13313 Whitfield GA 200 37033 Caswell NC 200 37157 Rockingham NC 200 51590 Danville City VA 200 51089 Henry VA 200 51690 Martinsville City VA 200 51141 Patrick VA 200 51143 Pittsylvania VA 201 48019 Bandera TX 201 48127 Dimmit TX 201 48163 Frio TX 201 48171 Gillespie TX 201 48259 Kendall TX 201 48265 Kerr TX 201 48283 La Salle TX 201 48323 Maverick TX 201 48325 Medina TX 201 48385 Real TX 201 48463 Uvalde TX 201 48507 Zavala TX 202 01113 Russell AL 202 13053 Chattahoochee GA 202 13145 Harris GA 202 13197 Marion GA 202 13215 Muscogee GA 202 13259 Stewart GA 202 13307 Webster GA 203 26009 Antrim MI 203 26019 Benzie MI 203 26055 Grand Traverse MI 203 26079 Kalkaska MI 203 26085 Lake MI 203 26089 Leelanau MI 203 26101 Manistee MI 203 26105 Mason MI 203 26113 Missaukee MI 203 26133 Osceola MI 203 26165 Wexford MI 204 21055 Crittenden KY 204 21059 Daviess KY 204 21091 Hancock KY 204 21101 Henderson KY 204 21107 Hopkins KY 204 21149 McLean KY 204 21177 Muhlenberg KY 204 21183 Ohio KY 204 21225 Union KY 204 21233 Webster KY 205 06023 Humboldt CA 205 06033 Lake CA 205 06045 Mendocino CA 205 06105 Trinity CA 206 53001 Adams WA 206 53007 Chelan WA 206 53017 Douglas WA 206 53025 Grant WA 206 53037 Kittitas WA 206 53047 Okanogan WA 207 13003 Atkinson GA 207 13005 Bacon GA 207 13025 Brantley GA 207 13039 Camden GA 207 13049 Charlton GA 207 13065 Clinch GA 207 13069 Coffee GA 207 13127 Glynn GA 207 13191 McIntosh GA 207 13229 Pierce GA 207 13299 Ware GA 208 37097 Iredell NC 208 37159 Rowan NC 209 55009 Brown WI 209 55029 Door WI 209 55061 Kewaunee WI 210 36007 Broome NY 210 36107 Tioga NY 210 42115 Susquehanna PA 211 40005 Atoka OK 211 40019 Carter OK 211 40029 Coal OK 211 40033 Cotton OK 211 40049 Garvin OK 211 40063 Hughes OK 211 40067 Jefferson OK 211 40069 Johnston OK 211 40085 Love OK 211 40095 Marshall OK 211 40099 Murray OK 211 40107 Okfuskee OK 211 40123 Pontotoc OK 211 40133 Seminole OK 211 40137 Stephens OK 212 02020 Anchorage Borough AK 213 41013 Crook OR 213 41017 Deschutes OR 213 41027 Hood River OR 213 41031 Jefferson OR 213 41037 Lake OR 213 41055 Sherman OR 213 41065 Wasco OR 213 53039 Klickitat WA 213 53059 Skamania WA 214 31109 Lancaster NE 215 37003 Alexander NC 215 37023 Burke NC 215 37035 Catawba NC 216 20021 Cherokee KS 216 20037 Crawford KS 216 29011 Barton MO 216 29097 Jasper MO 216 29145 Newton MO 216 40115 Ottawa OK 217 48303 Lubbock TX 218 55073 Marathon WI 218 55097 Portage WI 218 55141 Wood WI 219 19019 Buchanan IA 219 19021 Buena Vista IA 219 19023 Butler IA 219 19033 Cerro Gordo IA 219 19037 Chickasaw IA 219 19041 Clay IA 219 19059 Dickinson IA 219 19063 Emmet IA 219 19065 Fayette IA 219 19067 Floyd IA 219 19069 Franklin IA 219 19081 Hancock IA 219 19109 Kossuth IA 219 19131 Mitchell IA 219 19147 Palo Alto IA 219 19151 Pocahontas IA 219 19189 Winnebago IA 219 19195 Worth IA 220 48135 Ector TX 220 48329 Midland TX 221 48247 Jim Hogg TX 221 48479 Webb TX 221 48505 Zapata TX 222 47029 Cocke TN 222 47057 Grainger TN 222 47063 Hamblen TN 222 47067 Hancock TN 222 47089 Jefferson TN 222 47155 Sevier TN 223 19061 Dubuque IA 223 19097 Jackson IA 223 17085 Jo Daviess IL 223 55043 Grant WI 223 55045 Green WI 223 55049 Iowa WI 223 55065 Lafayette WI 224 17015 Carroll IL 224 17037 DeKalb IL 224 17103 Lee IL 224 17141 Ogle IL 224 17177 Stephenson IL 225 27055 Houston MN 225 55053 Jackson WI 225 55063 La Crosse WI 225 55081 Monroe WI 225 55121 Trempealeau WI 225 55123 Vernon WI 226 39003 Allen OH 226 39011 Auglaize OH 226 39107 Mercer OH 226 39137 Putnam OH 226 39161 Van Wert OH 227 36045 Jefferson NY 227 36049 Lewis NY 227 36089 St. Lawrence NY 228 51023 Botetourt VA 228 51045 Craig VA 228 51161 Roanoke VA 228 51770 Roanoke City VA 228 51775 Salem City VA 229 32009 Esmeralda NV 229 32017 Lincoln NV 229 32021 Mineral NV 229 32023 Nye NV 229 49001 Beaver UT 229 49017 Garfield UT 229 49021 Iron UT 229 49031 Piute UT 229 49053 Washington UT 230 37017 Bladen NC 230 37093 Hoke NC 230 37155 Robeson NC 230 37165 Scotland NC 231 31003 Antelope NE 231 31011 Boone NE 231 31021 Burt NE 231 31023 Butler NE 231 31025 Cass NE 231 31037 Colfax NE 231 31039 Cuming NE 231 31053 Dodge NE 231 31119 Madison NE 231 31125 Nance NE 231 31139 Pierce NE 231 31141 Platte NE 231 31143 Polk NE 231 31155 Saunders NE 231 31167 Stanton NE 231 31177 Washington NE 231 31179 Wayne NE 232 20013 Brown KS 232 20031 Coffey KS 232 20085 Jackson KS 232 20087 Jefferson KS 232 20139 Osage KS 232 20177 Shawnee KS 233 37045 Cleveland NC 233 37109 Lincoln NC 233 37161 Rutherford NC 234 37057 Davidson NC 234 37059 Davie NC 234 37197 Yadkin NC 235 48375 Potter TX 235 48381 Randall TX 236 31001 Adams NE 236 31015 Boyd NE 236 31017 Brown NE 236 31019 Buffalo NE 236 31035 Clay NE 236 31041 Custer NE 236 31047 Dawson NE 236 31071 Garfield NE 236 31077 Greeley NE 236 31079 Hall NE 236 31081 Hamilton NE 236 31089 Holt NE 236 31093 Howard NE 236 31103 Keya Paha NE 236 31115 Loup NE 236 31121 Merrick NE 236 31129 Nuckolls NE 236 31149 Rock NE 236 31163 Sherman NE 236 31175 Valley NE 236 31181 Webster NE 236 31183 Wheeler NE 237 13031 Bulloch GA 237 13043 Candler GA 237 13109 Evans GA 237 13179 Liberty GA 237 13183 Long GA 237 13251 Screven GA 237 13267 Tattnall GA 237 13305 Wayne GA 238 45031 Darlington SC 238 45041 Florence SC 238 45089 Williamsburg SC 239 37025 Cabarrus NC 239 37167 Stanly NC 240 51003 Albemarle VA 240 51540 Charlottesville City VA 240 51065 Fluvanna VA 240 51079 Greene VA 240 51109 Louisa VA 240 51125 Nelson VA 241 13001 Appling GA 241 13107 Emanuel GA 241 13141 Hancock GA 241 13161 Jeff Davis GA 241 13167 Johnson GA 241 13175 Laurens GA 241 13209 Montgomery GA 241 13237 Putnam GA 241 13271 Telfair GA 241 13279 Toombs GA 241 13283 Treutlen GA 241 13303 Washington GA 241 13309 Wheeler GA 242 22019 Calcasieu Parish LA 242 22023 Cameron Parish LA 242 22053 Jefferson Davis Parish LA 243 17127 Massac IL 243 21007 Ballard KY 243 21033 Caldwell KY 243 21035 Calloway KY 243 21039 Carlisle KY 243 21083 Graves KY 243 21139 Livingston KY 243 21143 Lyon KY 243 21157 Marshall KY 243 21145 McCracken KY 244 20017 Chase KS 244 20027 Clay KS 244 20041 Dickinson KS 244 20061 Geary KS 244 20111 Lyon KS 244 20117 Marshall KS 244 20127 Morris KS 244 20131 Nemaha KS 244 20149 Pottawatomie KS 244 20161 Riley KS 244 20197 Wabaunsee KS 244 20201 Washington KS 245 29009 Barry MO 245 29057 Dade MO 245 29067 Douglas MO 245 29091 Howell MO 245 29109 Lawrence MO 245 29153 Ozark MO 245 29209 Stone MO 245 29213 Taney MO 246 01027 Clay AL 246 01037 Coosa AL 246 01081 Lee AL 246 01087 Macon AL 246 01123 Tallapoosa AL 247 16027 Canyon ID 247 16039 Elmore ID 247 16073 Owyhee ID 248 45027 Clarendon SC 248 45055 Kershaw SC 248 45061 Lee SC 248 45085 Sumter SC 249 48041 Brazos TX 249 48185 Grimes TX 250 35013 Dona Ana NM 250 35051 Sierra NM 251 20007 Barber KS 251 20009 Barton KS 251 20033 Comanche KS 251 20047 Edwards KS 251 20051 Ellis KS 251 20053 Ellsworth KS 251 20097 Kiowa KS 251 20115 Marion KS 251 20113 McPherson KS 251 20135 Ness KS 251 20145 Pawnee KS 251 20151 Pratt KS 251 20159 Rice KS 251 20165 Rush KS 251 20167 Russell KS 251 20169 Saline KS 251 20185 Stafford KS 251 20195 Trego KS 252 19035 Cherokee IA 252 19093 Ida IA 252 19133 Monona IA 252 19141 O'Brien IA 252 19149 Plymouth IA 252 19167 Sioux IA 252 19193 Woodbury IA 252 46127 Union SD 253 55001 Adams WI 253 55021 Columbia WI 253 55023 Crawford WI 253 55057 Juneau WI 253 55077 Marquette WI 253 55103 Richland WI 253 55111 Sauk WI 254 55003 Ashland WI 254 55007 Bayfield WI 254 55019 Clark WI 254 55041 Forest WI 254 55067 Langlade WI 254 55069 Lincoln WI 254 55085 Oneida WI 254 55099 Price WI 254 55119 Taylor WI 254 55125 Vilas WI 255 28011 Bolivar MS 255 28015 Carroll MS 255 28027 Coahoma MS 255 28053 Humphreys MS 255 28055 Issaquena MS 255 28083 Leflore MS 255 28125 Sharkey MS 255 28133 Sunflower MS 255 28135 Tallahatchie MS 255 28151 Washington MS 256 51009 Amherst VA 256 51011 Appomattox VA 256 51031 Campbell VA 256 51083 Halifax VA 256 51680 Lynchburg City VA 257 56001 Albany WY 257 56005 Campbell WY 257 56009 Converse WY 257 56011 Crook WY 257 56021 Laramie WY 257 56027 Niobrara WY 257 56031 Platte WY 257 56045 Weston WY 258 01009 Blount AL 258 01043 Cullman AL 258 01057 Fayette AL 258 01093 Marion AL 258 01133 Winston AL 259 35005 Chaves NM 259 35015 Eddy NM 259 35025 Lea NM 259 48165 Gaines TX 259 48501 Yoakum TX 260 26007 Alpena MI 260 26029 Charlevoix MI 260 26031 Cheboygan MI 260 26039 Crawford MI 260 26047 Emmet MI 260 26119 Montmorency MI 260 26135 Oscoda MI 260 26137 Otsego MI 260 26141 Presque Isle MI 260 26143 Roscommon MI 261 27027 Clay MN 261 38017 Cass ND 262 45013 Beaufort SC 262 45049 Hampton SC 262 45053 Jasper SC 263 35019 Guadalupe NM 263 35028 Los Alamos NM 263 35033 Mora NM 263 35047 San Miguel NM 263 35049 Santa Fe NM 264 02013 Aleutians East Borough AK 264 02016 Aleutians West Census Area AK 264 02050 Bethel Census Area AK 264 02060 Bristol Bay Borough AK 264 02070 Dillingham Census Area AK 264 02122 Kenai Peninsula Borough AK 264 02150 Kodiak Island Borough AK 264 02164 Lake and Peninsula Borough AK 264 02170 Matanuska-Susitna Borough AK 264 02261 Valdez-Cordova Census Area AK 265 19089 Howard IA 265 19191 Winneshiek IA 265 27039 Dodge MN 265 27045 Fillmore MN 265 27099 Mower MN 265 27157 Wabasha MN 265 27169 Winona MN 265 55011 Buffalo WI 266 37009 Ashe NC 266 37011 Avery NC 266 37027 Caldwell NC 266 37189 Watauga NC 266 47091 Johnson TN 267 55071 Manitowoc WI 267 55117 Sheboygan WI 268 19031 Cedar IA 268 19045 Clinton IA 268 19115 Louisa IA 268 19139 Muscatine IA 268 17131 Mercer IL 268 17195 Whiteside IL 269 55101 Racine WI 270 17011 Bureau IL 270 17099 La Salle IL 270 17105 Livingston IL 270 17155 Putnam IL 271 36015 Chemung NY 271 42015 Bradford PA 271 42117 Tioga PA 272 48035 Bosque TX 272 48049 Brown TX 272 48083 Coleman TX 272 48093 Comanche TX 272 48133 Eastland TX 272 48143 Erath TX 272 48193 Hamilton TX 272 48217 Hill TX 272 48333 Mills TX 272 48425 Somervell TX 273 17039 De Witt IL 273 17113 McLean IL 274 16013 Blaine ID 274 16025 Camas ID 274 16031 Cassia ID 274 16047 Gooding ID 274 16053 Jerome ID 274 16063 Lincoln ID 274 16067 Minidoka ID 274 16083 Twin Falls ID 275 48001 Anderson TX 275 48213 Henderson TX 275 48349 Navarro TX 276 30011 Carter MT 276 38001 Adams ND 276 46019 Butte SD 276 46033 Custer SD 276 46047 Fall River SD 276 46063 Harding SD 276 46081 Lawrence SD 276 46093 Meade SD 276 46103 Pennington SD 276 46105 Perkins SD 277 20035 Cowley KS 277 20049 Elk KS 277 20073 Greenwood KS 277 20077 Harper KS 277 20079 Harvey KS 277 20095 Kingman KS 277 20155 Reno KS 277 20191 Sumner KS 278 20001 Allen KS 278 20019 Chautauqua KS 278 20099 Labette KS 278 20125 Montgomery KS 278 20133 Neosho KS 278 20205 Wilson KS 278 20207 Woodson KS 278 40035 Craig OK 278 40105 Nowata OK 278 40147 Washington OK 279 16041 Franklin ID 279 16071 Oneida ID 279 49003 Box Elder UT 279 49005 Cache UT 280 20025 Clark KS 280 20055 Finney KS 280 20057 Ford KS 280 20067 Grant KS 280 20069 Gray KS 280 20071 Greeley KS 280 20075 Hamilton KS 280 20081 Haskell KS 280 20083 Hodgeman KS 280 20093 Kearny KS 280 20101 Lane KS 280 20119 Meade KS 280 20129 Morton KS 280 20171 Scott KS 280 20175 Seward KS 280 20187 Stanton KS 280 20189 Stevens KS 280 20203 Wichita KS 280 40007 Beaver OK 280 40025 Cimarron OK 280 40139 Texas OK 281 40091 McIntosh OK 281 40101 Muskogee OK 281 40111 Okmulgee OK 281 40121 Pittsburg OK 282 17057 Fulton IL 282 17095 Knox IL 282 17123 Marshall IL 282 17125 Mason IL 282 17109 McDonough IL 282 17175 Stark IL 282 17187 Warren IL 283 36019 Clinton NY 283 36031 Essex NY 283 36033 Franklin NY 284 45001 Abbeville SC 284 45047 Greenwood SC 284 45059 Laurens SC 284 45065 McCormick SC 285 04001 Apache AZ 285 35006 Cibola NM 285 35031 McKinley NM 286 46099 Minnehaha SD 287 55059 Kenosha WI 288 48059 Callahan TX 288 48253 Jones TX 288 48441 Taylor TX 289 49007 Carbon UT 289 49013 Duchesne UT 289 49015 Emery UT 289 49019 Grand UT 289 49029 Morgan UT 289 49043 Summit UT 289 49047 Uintah UT 289 49051 Wasatch UT 289 49055 Wayne UT 290 27011 Big Stone MN 290 27117 Pipestone MN 290 27133 Rock MN 290 27155 Traverse MN 290 46005 Beadle SD 290 46011 Brookings SD 290 46025 Clark SD 290 46029 Codington SD 290 46039 Deuel SD 290 46051 Grant SD 290 46057 Hamlin SD 290 46077 Kingsbury SD 290 46079 Lake SD 290 46097 Miner SD 290 46101 Moody SD 290 46109 Roberts SD 290 46111 Sanborn SD 291 37123 Montgomery NC 291 37125 Moore NC 291 37153 Richmond NC 292 08101 Pueblo CO 293 21221 Trigg KY 293 47081 Hickman TN 293 47083 Houston TN 293 47085 Humphreys TN 293 47099 Lawrence TN 293 47101 Lewis TN 293 47135 Perry TN 293 47161 Stewart TN 293 47181 Wayne TN 294 19013 Black Hawk IA 294 19017 Bremer IA 295 40071 Kay OK 295 40103 Noble OK 295 40117 Pawnee OK 295 40119 Payne OK 296 42107 Schuylkill PA 297 41001 Baker OR 297 41021 Gilliam OR 297 41023 Grant OR 297 41049 Morrow OR 297 41059 Umatilla OR 297 41061 Union OR 297 41063 Wallowa OR 297 41069 Wheeler OR 298 02068 Denali Borough AK 298 02090 Fairbanks North Star Borough AK 298 02180 Nome Census Area AK 298 02185 North Slope Borough AK 298 02188 Northwest Arctic Borough AK 298 02240 Southeast Fairbanks Census Area AK 298 02270 Wade Hampton Census Area AK 298 02290 Yukon-Koyukuk Census Area AK 299 29001 Adair MO 299 29025 Caldwell MO 299 29033 Carroll MO 299 29049 Clinton MO 299 29061 Daviess MO 299 29063 DeKalb MO 299 29079 Grundy MO 299 29081 Harrison MO 299 29103 Knox MO 299 29117 Livingston MO 299 29129 Mercer MO 299 29171 Putnam MO 299 29197 Schuyler MO 299 29211 Sullivan MO 300 01011 Bullock AL 300 01013 Butler AL 300 01041 Crenshaw AL 300 01047 Dallas AL 300 01085 Lowndes AL 300 01105 Perry AL 300 01109 Pike AL 301 27109 Olmsted MN 302 40003 Alfalfa OK 302 40011 Blaine OK 302 40015 Caddo OK 302 40047 Garfield OK 302 40053 Grant OK 302 40073 Kingfisher OK 302 40093 Major OK 302 40151 Woods OK 303 30005 Blaine MT 303 30013 Cascade MT 303 30015 Chouteau MT 303 30035 Glacier MT 303 30041 Hill MT 303 30051 Liberty MT 303 30073 Pondera MT 303 30099 Teton MT 303 30101 Toole MT 304 37171 Surry NC 304 37193 Wilkes NC 305 40009 Beckham OK 305 40039 Custer OK 305 40043 Dewey OK 305 40045 Ellis OK 305 40055 Greer OK 305 40057 Harmon OK 305 40059 Harper OK 305 40065 Jackson OK 305 40075 Kiowa OK 305 40129 Roger Mills OK 305 40149 Washita OK 305 40153 Woodward OK 306 48077 Clay TX 306 48485 Wichita TX 307 19119 Lyon IA 307 31027 Cedar NE 307 31107 Knox NE 307 46009 Bon Homme SD 307 46027 Clay SD 307 46061 Hanson SD 307 46067 Hutchinson SD 307 46083 Lincoln SD 307 46087 McCook SD 307 46125 Turner SD 307 46135 Yankton SD 308 13079 Crawford GA 308 13081 Crisp GA 308 13093 Dooly GA 308 13193 Macon GA 308 13207 Monroe GA 308 13249 Schley GA 308 13261 Sumter GA 308 13269 Taylor GA 309 37015 Bertie NC 309 37029 Camden NC 309 37041 Chowan NC 309 37073 Gates NC 309 37091 Hertford NC 309 37139 Pasquotank NC 309 37143 Perquimans NC 310 29055 Crawford MO 310 29187 St. Francois MO 310 29186 Ste. Genevieve MO 310 29221 Washington MO 311 08003 Alamosa CO 311 08009 Baca CO 311 08011 Bent CO 311 08017 Cheyenne CO 311 08021 Conejos CO 311 08023 Costilla CO 311 08025 Crowley CO 311 08055 Huerfano CO 311 08061 Kiowa CO 311 08071 Las Animas CO 311 08079 Mineral CO 311 08089 Otero CO 311 08099 Prowers CO 311 08105 Rio Grande CO 311 08109 Saguache CO 311 35007 Colfax NM 312 35045 San Juan NM 313 48021 Bastrop TX 313 48055 Caldwell TX 313 48287 Lee TX 314 48073 Cherokee TX 314 48365 Panola TX 314 48401 Rusk TX 315 30003 Big Horn MT 315 30009 Carbon MT 315 30017 Custer MT 315 30025 Fallon MT 315 30075 Powder River MT 315 30079 Prairie MT 315 30087 Rosebud MT 315 30103 Treasure MT 315 56003 Big Horn WY 315 56019 Johnson WY 315 56029 Park WY 315 56033 Sheridan WY 316 16007 Bear Lake ID 316 16029 Caribou ID 316 49009 Daggett UT 316 49033 Rich UT 316 56007 Carbon WY 316 56023 Lincoln WY 316 56035 Sublette WY 316 56037 Sweetwater WY 316 56041 Uinta WY 317 31059 Fillmore NE 317 31067 Gage NE 317 31095 Jefferson NE 317 31097 Johnson NE 317 31127 Nemaha NE 317 31131 Otoe NE 317 31133 Pawnee NE 317 31147 Richardson NE 317 31151 Saline NE 317 31159 Seward NE 317 31169 Thayer NE 317 31185 York NE 318 27069 Kittson MN 318 27077 Lake of the Woods MN 318 27089 Marshall MN 318 27113 Pennington MN 318 27125 Red Lake MN 318 27135 Roseau MN 318 38005 Benson ND 318 38019 Cavalier ND 318 38027 Eddy ND 318 38063 Nelson ND 318 38067 Pembina ND 318 38071 Ramsey ND 318 38079 Rolette ND 318 38091 Steele ND 318 38095 Towner ND 318 38097 Traill ND 318 38099 Walsh ND 319 13095 Dougherty GA 319 13177 Lee GA 320 48235 Irion TX 320 48413 Schleicher TX 320 48435 Sutton TX 320 48451 Tom Green TX 321 18029 Dearborn IN 321 18047 Franklin IN 321 18115 Ohio IN 321 18137 Ripley IN 321 18155 Switzerland IN 322 38009 Bottineau ND 322 38013 Burke ND 322 38023 Divide ND 322 38049 McHenry ND 322 38053 McKenzie ND 322 38061 Mountrail ND 322 38075 Renville ND 322 38101 Ward ND 322 38105 Williams ND 323 35003 Catron NM 323 35053 Socorro NM 323 35057 Torrance NM 323 35061 Valencia NM 324 42103 Pike PA 324 42127 Wayne PA 325 38015 Burleigh ND 325 38059 Morton ND 326 27005 Becker MN 326 27087 Mahnomen MN 326 27107 Norman MN 326 27111 Otter Tail MN 326 27167 Wilkin MN 327 45017 Calhoun SC 327 45075 Orangeburg SC 328 04017 Navajo AZ 329 48047 Brooks TX 329 48131 Duval TX 329 48249 Jim Wells TX 329 48261 Kenedy TX 329 48273 Kleberg TX 329 48297 Live Oak TX 329 48311 McMullen TX 330 17033 Crawford IL 330 17047 Edwards IL 330 17101 Lawrence IL 330 17159 Richland IL 330 17185 Wabash IL 330 17191 Wayne IL 330 17193 White IL 331 48079 Cochran TX 331 48189 Hale TX 331 48219 Hockley TX 331 48279 Lamb TX 331 48305 Lynn TX 331 48437 Swisher TX 331 48445 Terry TX 332 37007 Anson NC 332 45025 Chesterfield SC 332 45069 Marlboro SC 333 39037 Darke OH 333 39149 Shelby OH 334 48011 Armstrong TX 334 48065 Carson TX 334 48075 Childress TX 334 48087 Collingsworth TX 334 48101 Cottle TX 334 48129 Donley TX 334 48179 Gray TX 334 48191 Hall TX 334 48195 Hansford TX 334 48211 Hemphill TX 334 48233 Hutchinson TX 334 48295 Lipscomb TX 334 48357 Ochiltree TX 334 48393 Roberts TX 334 48483 Wheeler TX 335 22031 De Soto Parish LA 335 22069 Natchitoches Parish LA 335 22081 Red River Parish LA 335 22085 Sabine Parish LA 336 27119 Polk MN 336 38035 Grand Forks ND 337 48097 Cooke TX 337 48237 Jack TX 337 48337 Montague TX 337 48363 Palo Pinto TX 338 08007 Archuleta CO 338 08033 Dolores CO 338 08067 La Plata CO 338 08083 Montezuma CO 338 08111 San Juan CO 339 31007 Banner NE 339 31013 Box Butte NE 339 31033 Cheyenne NE 339 31045 Dawes NE 339 31105 Kimball NE 339 31123 Morrill NE 339 31157 Scotts Bluff NE 339 31165 Sioux NE 339 56015 Goshen WY 340 35009 Curry NM 340 35011 DeBaca NM 340 35021 Harding NM 340 35037 Quay NM 340 35041 Roosevelt NM 340 35059 Union NM 341 35027 Lincoln NM 341 35035 Otero NM 342 46003 Aurora SD 342 46015 Brule SD 342 46017 Buffalo SD 342 46023 Charles Mix SD 342 46035 Davison SD 342 46043 Douglas SD 342 46053 Gregory SD 342 46059 Hand SD 342 46065 Hughes SD 342 46069 Hyde SD 342 46073 Jerauld SD 342 46085 Lyman SD 342 46117 Stanley SD 342 46119 Sully SD 342 46123 Tripp SD 343 48043 Brewster TX 343 48103 Crane TX 343 48105 Crockett TX 343 48243 Jeff Davis TX 343 48301 Loving TX 343 48371 Pecos TX 343 48377 Presidio TX 343 48383 Reagan TX 343 48389 Reeves TX 343 48443 Terrell TX 343 48461 Upton TX 343 48475 Ward TX 343 48495 Winkler TX 344 01007 Bibb AL 344 01021 Chilton AL 344 01065 Hale AL 345 45039 Fairfield SC 345 45071 Newberry SC 345 45081 Saluda SC 346 37039 Cherokee NC 346 37043 Clay NC 346 37075 Graham NC 346 37113 Macon NC 347 22037 East Feliciana Parish LA 347 22077 Pointe Coupee Parish LA 347 22091 St. Helena Parish LA 347 22125 West Feliciana Parish LA 347 28157 Wilkinson MS 348 46013 Brown SD 348 46021 Campbell SD 348 46037 Day SD 348 46041 Dewey SD 348 46045 Edmunds SD 348 46049 Faulk SD 348 46091 Marshall SD 348 46089 McPherson SD 348 46107 Potter SD 348 46115 Spink SD 348 46129 Walworth SD 348 46137 Ziebach SD 349 37111 McDowell NC 349 37121 Mitchell NC 349 37199 Yancey NC 350 05037 Cross AR 350 05077 Lee AR 350 05107 Phillips AR 350 05123 St. Francis AR 351 30109 Wibaux MT 351 38007 Billings ND 351 38011 Bowman ND 351 38025 Dunn ND 351 38029 Emmons ND 351 38033 Golden Valley ND 351 38037 Grant ND 351 38041 Hettinger ND 351 38043 Kidder ND 351 38047 Logan ND 351 38051 McIntosh ND 351 38055 McLean ND 351 38057 Mercer ND 351 38065 Oliver ND 351 38085 Sioux ND 351 38087 Slope ND 351 38089 Stark ND 351 46031 Corson SD 352 48177 Gonzales TX 352 48255 Karnes TX 352 48493 Wilson TX 353 17075 Iroquois IL 353 18073 Jasper IN 353 18111 Newton IN 354 55135 Waupaca WI 354 55137 Waushara WI 355 56025 Natrona WY 356 53019 Ferry WA 356 53043 Lincoln WA 356 53051 Pend Oreille WA 356 53065 Stevens WA 357 35039 Rio Arriba NM 357 35055 Taos NM 358 48031 Blanco TX 358 48053 Burnet TX 358 48299 Llano TX 359 08075 Logan CO 359 08087 Morgan CO 359 08095 Phillips CO 359 08121 Washington CO 359 08125 Yuma CO 359 31057 Dundy NE 360 02100 Haines Borough AK 360 02105 Hoonah-Angoon Census Area AK 360 02110 Juneau Borough AK 360 02130 Ketchikan Gateway Borough AK 360 02195 Petersburg AK 360 02198 Prince of Wales-Hyder AK 360 02220 Sitka Borough AK 360 02230 Skagway Municipality AK 360 02275 Wrangell AK 360 02282 Yakutat Borough AK 361 49023 Juab UT 361 49027 Millard UT 361 49039 Sanpete UT 361 49041 Sevier UT 362 16003 Adams ID 362 16015 Boise ID 362 16045 Gem ID 362 16075 Payette ID 362 16085 Valley ID 362 16087 Washington ID 363 48003 Andrews TX 363 48033 Borden TX 363 48115 Dawson TX 363 48173 Glasscock TX 363 48227 Howard TX 363 48317 Martin TX 364 30001 Beaverhead MT 364 30007 Broadwater MT 364 30023 Deer Lodge MT 364 30043 Jefferson MT 364 30093 Silver Bow MT 365 40141 Tillman OK 365 48009 Archer TX 365 48023 Baylor TX 365 48155 Foard TX 365 48197 Hardeman TX 365 48429 Stephens TX 365 48447 Throckmorton TX 365 48487 Wilbarger TX 365 48503 Young TX 366 53003 Asotin WA 366 53023 Garfield WA 366 53075 Whitman WA 367 29007 Audrain MO 367 29137 Monroe MO 367 29175 Randolph MO 367 29205 Shelby MO 368 20029 Cloud KS 368 20039 Decatur KS 368 20065 Graham KS 368 20089 Jewell KS 368 20105 Lincoln KS 368 20123 Mitchell KS 368 20137 Norton KS 368 20141 Osborne KS 368 20143 Ottawa KS 368 20147 Phillips KS 368 20153 Rawlins KS 368 20157 Republic KS 368 20163 Rooks KS 368 20183 Smith KS 369 19003 Adams IA 369 19071 Fremont IA 369 19129 Mills IA 369 19137 Montgomery IA 369 19145 Page IA 369 19173 Taylor IA 369 29005 Atchison MO 370 19011 Benton IA 370 19095 Iowa IA 370 19183 Washington IA 371 37005 Alleghany NC 371 51640 Galax City VA 371 51077 Grayson VA 371 51197 Wythe VA 372 08039 Elbert CO 372 08063 Kit Carson CO 372 08073 Lincoln CO 372 20023 Cheyenne KS 372 20063 Gove KS 372 20109 Logan KS 372 20179 Sheridan KS 372 20181 Sherman KS 372 20193 Thomas KS 372 20199 Wallace KS 373 53013 Columbia WA 373 53071 Walla Walla WA 374 08115 Sedgwick CO 374 31005 Arthur NE 374 31009 Blaine NE 374 31029 Chase NE 374 31049 Deuel NE 374 31069 Garden NE 374 31091 Hooker NE 374 31101 Keith NE 374 31111 Lincoln NE 374 31113 Logan NE 374 31117 McPherson NE 374 31135 Perkins NE 374 31171 Thomas NE 375 35017 Grant NM 375 35023 Hidalgo NM 375 35029 Luna NM 376 48111 Dallam TX 376 48117 Deaf Smith TX 376 48205 Hartley TX 376 48341 Moore TX 376 48359 Oldham TX 376 48421 Sherman TX 377 01023 Choctaw AL 377 01063 Greene AL 377 01091 Marengo AL 377 01119 Sumter AL 378 13033 Burke GA 378 13125 Glascock GA 378 13163 Jefferson GA 378 13165 Jenkins GA 378 13301 Warren GA 379 26033 Chippewa MI 379 26095 Luce MI 379 26097 Mackinac MI 380 26003 Alger MI 380 26041 Delta MI 380 26153 Schoolcraft MI 381 48137 Edwards TX 381 48271 Kinney TX 381 48465 Val Verde TX 382 56013 Fremont WY 382 56017 Hot Springs WY 382 56043 Washakie WY 383 19039 Clarke IA 383 19053 Decatur IA 383 19117 Lucas IA 383 19159 Ringgold IA 383 19175 Union IA 383 19185 Wayne IA 384 19005 Allamakee IA 384 19043 Clayton IA 384 19055 Delaware IA 385 29111 Lewis MO 385 29127 Marion MO 385 29173 Ralls MO 386 45005 Allendale SC 386 45009 Bamberg SC 386 45011 Barnwell SC 387 38003 Barnes ND 387 38021 Dickey ND 387 38039 Griggs ND 387 38045 LaMoure ND 387 38073 Ransom ND 387 38077 Richland ND 387 38081 Sargent ND 388 19009 Audubon IA 388 19029 Cass IA 388 19085 Harrison IA 388 19165 Shelby IA 389 31061 Franklin NE 389 31063 Frontier NE 389 31065 Furnas NE 389 31073 Gosper NE 389 31083 Harlan NE 389 31085 Hayes NE 389 31087 Hitchcock NE 389 31099 Kearney NE 389 31137 Phelps NE 389 31145 Red Willow NE 390 48151 Fisher TX 390 48335 Mitchell TX 390 48353 Nolan TX 390 48415 Scurry TX 391 41025 Harney OR 391 41045 Malheur OR 392 29075 Gentry MO 392 29087 Holt MO 392 29147 Nodaway MO 392 29227 Worth MO 393 29041 Chariton MO 393 29115 Linn MO 393 29121 Macon MO 394 46007 Bennett SD 394 46055 Haakon SD 394 46071 Jackson SD 394 46075 Jones SD 394 46095 Mellette SD 394 46113 Shannon SD 394 46121 Todd SD 395 38031 Foster ND 395 38069 Pierce ND 395 38083 Sheridan ND 395 38093 Stutsman ND 395 38103 Wells ND 396 19001 Adair IA 396 19077 Guthrie IA 396 19121 Madison IA 397 01075 Lamar AL 397 01107 Pickens AL 398 31043 Dakota NE 398 31051 Dixon NE 398 31173 Thurston NE 399 48281 Lampasas TX 399 48411 San Saba TX 400 48017 Bailey TX 400 48069 Castro TX 400 48369 Parmer TX 401 48045 Briscoe TX 401 48107 Crosby TX 401 48125 Dickens TX 401 48153 Floyd TX 401 48169 Garza TX 401 48263 Kent TX 401 48345 Motley TX 402 48095 Concho TX 402 48267 Kimble TX 402 48319 Mason TX 402 48307 McCulloch TX 402 48327 Menard TX 403 30027 Fergus MT 403 30045 Judith Basin MT 403 30059 Meagher MT 403 30071 Phillips MT 403 30107 Wheatland MT 404 49025 Kane UT 404 49037 San Juan UT 405 56039 Teton WY 406 19105 Jones IA 407 16023 Butte ID 407 16037 Custer ID 407 16059 Lemhi ID 408 48081 Coke TX 408 48399 Runnels TX 408 48431 Sterling TX 409 48207 Haskell TX 409 48269 King TX 409 48275 Knox TX 409 48417 Shackelford TX 409 48433 Stonewall TX 410 31031 Cherry NE 410 31075 Grant NE 410 31161 Sheridan NE 411 48109 Culberson TX 411 48229 Hudspeth TX 412 72001 Adjuntas PR 412 72003 Aguada PR 412 72005 Aguadilla PR 412 72007 Aguas Buenas PR 412 72009 Aibonito PR 412 72011 Anasco PR 412 72013 Arecibo PR 412 72015 Arroyo PR 412 72017 Barceloneta PR 412 72019 Barranquitas PR 412 72021 Bayamon PR 412 72023 Cabo Rojo PR 412 72025 Caguas PR 412 72027 Camuy PR 412 72029 Canovanas PR 412 72031 Carolina PR 412 72033 Catano PR 412 72035 Cayey PR 412 72037 Ceiba PR 412 72039 Ciales PR 412 72041 Cidra PR 412 72043 Coamo PR 412 72045 Comerio PR 412 72047 Corozal PR 412 72049 Culebra PR 412 72051 Dorado PR 412 72053 Fajardo PR 412 72054 Florida PR 412 72055 Guanica PR 412 72057 Guayama PR 412 72059 Guayanilla PR 412 72061 Guaynabo PR 412 72063 Gurabo PR 412 72065 Hatillo PR 412 72067 Hormigueros PR 412 72069 Humacao PR 412 72071 Isabela PR 412 72073 Jayuya PR 412 72075 Juana Diaz PR 412 72077 Juncos PR 412 72079 Lajas PR 412 72081 Lares PR 412 72083 Las Marias PR 412 72085 Las Piedras PR 412 72087 Loiza PR 412 72089 Luquillo PR 412 72091 Manati PR 412 72093 Maricao PR 412 72095 Maunabo PR 412 72097 Mayaguez PR 412 72099 Moca PR 412 72101 Morovis PR 412 72103 Naguabo PR 412 72105 Naranjito PR 412 72107 Orocovis PR 412 72109 Patillas PR 412 72111 Penuelas PR 412 72113 Ponce PR 412 72115 Quebradillas PR 412 72117 Rincon PR 412 72119 Rio Grande PR 412 72121 Sabana Grande PR 412 72123 Salinas PR 412 72125 San German PR 412 72127 San Juan PR 412 72129 San Lorenzo PR 412 72131 San Sebastian PR 412 72133 Santa Isabel PR 412 72135 Toa Alta PR 412 72137 Toa Baja PR 412 72139 Trujillo Alto PR 412 72141 Utuado PR 412 72143 Vega Alta PR 412 72145 Vega Baja PR 412 72147 Vieques PR 412 72149 Villalba PR 412 72151 Yabucoa PR 412 72153 Yauco PR 413 66010 Guam GU. 413 69085 Northern Islands MP 413 69100 Rota MP 413 69110 Saipan MP 413 69120 Tinian MP 414 78010 St. Croix VI 414 78020 St. John VI 414 78030 St. Thomas VI 415 60010 Eastern District AS 415 60020 Manu'a District AS 415 60030 Rose Island AS 415 60040 Swains Island AS 415 60050 Western District AS 416 99023 Gulf of Mexico Central and East GM 416 99001 Gulf of Mexico West GM [ 85 FR 22865 , Apr. 23, 2020] Subpart B—Applications and Licenses § 27.10 Regulatory status. The following rules apply concerning the regulatory status in the frequency bands specified in § 27.5 . ( a ) Single authorization. Authorization will be granted to provide any or a combination of the following services in a single license: common carrier, non-common carrier, private internal communications, and broadcast services. A licensee may render any kind of communications service consistent with the regulatory status in its license and with the Commission's rules applicable to that service. An applicant or licensee may submit a petition at any time requesting clarification of the regulatory status for which authorization is required to provide a specific communications service. ( b ) Designation of regulatory status in initial application. An applicant shall specify in its initial application if it is requesting authorization to provide common carrier, non-common carrier, private internal communications, or broadcast services, or a combination thereof. ( c ) Amendment of pending applications. The following rules apply to amendments of a pending application. ( 1 ) Any pending application may be amended to: ( i ) Change the carrier regulatory status requested, or ( ii ) Add to the pending request in order to obtain common carrier, non-common carrier, private internal communications, or broadcast services status, or a combination thereof, in a single license. ( 2 ) Amendments to change, or add to, the carrier regulatory status in a pending application are minor amendments filed under § 1.927 of this chapter . ( d ) Modification of license. The following rules apply to amendments of a license. ( 1 ) A licensee may modify a license to: ( i ) Change the regulatory status authorized, or ( ii ) Add to the status authorized in order to obtain a combination of services of different regulatory status in a single license. ( 2 ) Applications to change, or add to, the carrier status in a license are modifications not requiring prior Commission authorization. The licensee must notify the Commission within 30 days of the change. If the change results in the discontinuance, reduction, or impairment of an existing service, the licensee is subject to the provisions of § 27.66 . [ 65 FR 3146 , Jan. 20, 2000, as amended at 65 FR 17602 , Apr. 4, 2000; 67 FR 5510 , Feb. 6, 2002; 67 FR 41854 , June 20, 2002; 68 FR 66286 , Nov. 25, 2003; 72 FR 27709 , May 16, 2007] § 27.11 Initial authorization. ( a ) An applicant must file a single application for an initial authorization for all markets won and frequency blocks desired. Initial authorizations shall be granted in accordance with § 27.5 . Applications for individual sites are not required and will not be accepted, except where required for environmental assessments, in accordance with §§ 1.1301 through 1.1319 of this chapter . ( b ) 2305-2320 MHz and 2345-2360 MHz bands. Initial authorizations for the 2305-2320 MHz and 2345-2360 MHz bands shall be for 10 megahertz of spectrum in accordance with § 27.5(a) . ( 1 ) Authorizations for Blocks A and B will be based on Major Economic Areas (MEAs), as specified in § 27.6(a)(1) . ( 2 ) Authorizations for Blocks C and D will be based on Regional Economic Area Groupings (REAGs), as specified in § 27.6(a)(2) . ( c ) 746-758 MHz, 775-788 MHz, and 805-806 MHz bands. Initial authorizations for the 746-758 MHz, 775-788 MHz, and 805-806 MHz bands shall be for paired channels of 1, 5, 6, or 11 megahertz of spectrum in accordance with § 27.5(b) . ( 1 ) Authorizations for Block A, consisting of two paired channels of 1 megahertz each, will be based on those geographic areas specified in § 27.6(b)(1) . ( 2 ) Authorizations for Block B, consisting of two paired channels of 1 megahertz each, will be based on those geographic areas specified in § 27.6(b)(1) . ( 3 ) Authorizations for Block C, consisting of two paired channels of 11 megahertz each, will be based on those geographic areas specified in § 27.6(b)(2) . In the event that no licenses granting authorizations for Block C, consisting of two paired channels of 11 megahertz each, are assigned based on the results of the first auction in which such licenses are offered because the auction results do not satisfy the applicable reserve price, then the authorizations for the spectrum in the 746-757 MHz and 776-787 MHz bands will instead be as follows: ( i ) Authorizations for Block C1, consisting of two paired channels of 6 megahertz each in the 746-752 MHz and 776-782 MHz bands, will be based on those geographic areas specified in § 27.6(b)(2)(i) . ( ii ) Authorizations for Block C2, consisting of two paired channels of 5 megahertz each in the 752-757 MHz and 782-787 MHz bands, will be based on those geographic areas specified in § 27.6(b)(2)(ii) . ( d ) 698-746 MHz band. Initial authorizations for the 698-746 MHz band shall be for 6 or 12 megahertz of spectrum in accordance with § 27.5(c) . ( 1 ) Authorizations for Block A, consisting of two paired channels of 6 megahertz each, will be based on those geographic areas specified in § 27.6(c)(1) . ( 2 ) Authorizations for Block B, consisting of two paired channels of 6 megahertz each, will be based on those geographic areas specified in § 27.6(c)(2) . ( 3 ) Authorizations for Block C, consisting of two paired channels of 6 megahertz each, will be based on those geographic areas specified in § 27.6(c)(2) . ( 4 ) Authorizations for Block D, consisting of an unpaired channel block of 6 megahertz, will be based on those geographic areas specified in § 27.6(c)(3) . ( 5 ) Authorizations for Block E, consisting of an unpaired channel block of 6 megahertz, will be based on those geographic areas specified in § 27.6(c)(1) . ( e ) 1390-1392 MHz band. Initial authorizations for the 1390-1392 MHz band shall be for 2 megahertz of spectrum in accordance with § 27.5(d) . Authorizations will be based on Major Economic Areas (MEAs), as specified in § 27.6(d) . ( f ) The paired 1392-1395 MHz and 1432-1435 MHz bands. Initial authorizations for the paired 1392-1395 MHz and 1432-1435 MHz bands shall be for 3 megahertz of paired spectrum in accordance with § 27.5(e) . Authorization for Blocks A and B will be based on Economic Areas Groupings (EAGs), as specified in § 27.6(e) . ( g ) 1670-1675 MHz band. Initial authorizations for the 1670-1675 MHz band shall be for 5 megahertz of spectrum in accordance with § 27.5(f) . Authorizations will be on a nationwide basis. ( h ) [Reserved] ( i ) 1710-1755 MHz and 2110-2155 MHz bands. Initial authorizations for the 1710-1755 MHz and 2110-2155 MHz bands shall be for 5 or 10 megahertz of spectrum in each band in accordance with § 27.5(h) of this part . ( 1 ) Authorizations for Block A, consisting of two paired channels of 10 megahertz each, will be based on those geographic areas specified in § 27.6(h)(1) . ( 2 ) Authorizations for Block B, consisting of two paired channels of 10 megahertz each, will be based on those geographic areas specified in § 27.6(h)(2) . ( 3 ) Authorizations for Block C, consisting of two paired channels of 5 megahertz each, will be based on those geographic areas specified in § 27.6(h)(2) . ( 4 ) Authorizations for Blocks D, consisting of two paired channels of 5 megahertz each, will be based on those geographic areas specified in § 27.6(h)(3) . ( 5 ) Authorizations for Blocks E, consisting of two paired channels of 5 megahertz each, will be based on those geographic areas specified in § 27.6(h)(3) . ( 6 ) Authorizations for Block F, consisting of two paired channels of 10 megahertz each, will be based on those geographic areas specified in § 27.6(h)(3) . ( j ) 1695-1710 MHz, 1755-1780 MHz and 2155-2180 MHz bands. ( 1 ) Initial authorizations for the 1695-1710 MHz band shall be based on the frequency blocks specified in § 27.5(h)(3) and the corresponding service area specified in § 27.6(k)(2) . ( 2 ) Initial authorizations for the 1755-1780 MHz and 2155-2180 MHz shall be based on the paired frequency blocks specified in § 27.5(h)(1) and (2) and the corresponding service areas specified in § 27.6(k)(1) and (2) . ( k ) 600 MHz band. Initial authorizations for the 600 MHz band will be based on Partial Economic Areas (PEAs), as specified in § 27.6(1) , and, shall be paired channels that each consist of a 5 megahertz channel block in the 600 MHz downlink band (617-652 MHz), paired with a 5 megahertz channel block in the 600 MHz uplink band (663-698 MHz), based on the frequency blocks specified in § 27.5(l) . ( l ) 3700-3980 MHz band. Authorizations for licenses in the 3.7 GHz Service will be based on Partial Economic Areas (PEAs), as specified in § 27.6(m) , and the frequency sub-blocks specified in § 27.5(m) . ( m ) 3450-3550 MHz band. Authorizations for licenses in the 3.45 GHz Service will be based on Partial Economic Areas (PEAs), as specified in § 27.6(n) , and the frequency blocks specified in § 27.5(o) . [ 62 FR 9658 , Mar. 3, 1997, as amended at 63 FR 68954 , Dec. 14, 1998; 65 FR 3146 , Jan. 20, 2000; 67 FR 5511 , Feb. 6, 2002; 67 FR 41854 , June 20, 2002; 69 FR 5715 , Feb. 6, 2004; 69 FR 39867 , July 1, 2004; 69 FR 77950 , Dec. 29, 2004; 70 FR 58065 , Oct. 5, 2005; 72 FR 48845 , Aug. 24, 2007; 79 FR 597 , Jan. 6, 2014; 79 FR 32410 , June 4, 2014; 79 FR 48536 , Aug. 15, 2014; 82 FR 47160 , Oct. 11, 2017; 85 FR 22881 , Apr. 23, 2020; 86 FR 17952 , Apr. 7, 2021] § 27.12 Eligibility. ( a ) Except as provided in paragraph (b) of this section and in §§ 27.604 , 27.1201 , 27.1202 , and 27.1503 , any entity other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 310 , is eligible to hold a license under this part. ( b ) A person described in 47 U.S.C. 1404(c) is ineligible to hold a license that is required by 47 U.S.C. Chapter 13 (Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 , 125 Stat. 156 (2012)) to be assigned by a system of competitive bidding under § 309(j) of the Communications Act, 47 U.S.C. 309(j) . [ 78 FR 50254 , Aug. 16, 2013, as amended at 85 FR 43134 , July 16, 2020] § 27.13 License period. ( a ) 2305-2320 MHz and 2345-2360 MHz bands. Initial WCS authorizations for the 2305-2320 MHz and 2345-2360 MHz bands will have a term not to exceed ten years from the date of original issuance or renewal. ( b ) 698-763 MHz, 776-793, 775-776, and 805-806 MHz bands. Initial authorizations for the 698-758 MHz and 776-788 MHz bands will extend for a term not to exceed ten years from June 13, 2009, except that initial authorizations for a part 27 licensee that provides broadcast services, whether exclusively or in combination with other services, will not exceed eight years. Initial authorizations for the 775-776 MHz and 805-806 MHz bands shall not exceed April 27, 2015. Licensees that initiate the provision of a broadcast service, whether exclusively or in combination with other services, may not provide this service for more than eight years or beyond the end of the license term if no broadcast service had been provided, whichever period is shorter in length. ( c ) 1390-1392 MHz band. Initial authorizations for the 1390-1392 MHz band will have a term not to exceed ten years from the date of initial issuance or renewal. ( d ) The paired 1392-1395 and 1432-1435 MHz bands. Initial WCS authorizations for the paired 1392-1395 MHz and 1432-1435 MHz bands will have a term not to exceed ten years from the date of initial issuance or renewal. ( e ) 1670-1675 MHz band. Initial authorizations for the 1670-1675 MHz band will have a term not to exceed ten years from the date of initial issuance or renewal. ( f ) [Reserved] ( g ) 1710-1755 MHz and 2110-2155 MHz bands. Authorizations for the 1710-1755 MHz and 2110-2155 MHz bands will have a term not to exceed ten years from the date of initial issuance or renewal, except that authorizations issued on or before December 31, 2009, shall have a term of fifteen years. ( h ) BRS and EBS. BRS and EBS authorizations shall have a term not to exceed ten years from the date of original issuance or renewal. Unless otherwise specified by the Commission, incumbent BRS authorizations shall expire on May 1 in the year of expiration. ( i ) 2000-2020 MHz and 2180-2200 MHz bands. Authorizations for the 2000-2020 MHz and 2180-2200 MHz bands will have a term not to exceed ten years from the date of issuance or renewal. ( j ) 1915-1920 MHz and 1995-2000 MHz bands. Authorizations for 1915-1920 MHz and 1995-2000 MHz bands will have a term not to exceed ten years from the date of issuance or renewal. ( k ) 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands. Authorizations for the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands will have a term not to exceed twelve (12) years from the date of issuance and ten (10) years from the date of any subsequent license renewal. ( l ) 600 MHz band. Authorizations for the 600 MHz band will have an initial term not to exceed twelve years from the date of issuance and ten years from the date of any subsequent license renewal. ( m ) 3700-3980 MHz band. Authorizations for licenses in the 3.7 GHz Service in the 3700-3980 MHz band will have a term not to exceed 15 years from the date of issuance or renewal. ( n ) 900 MHz broadband. Authorizations for broadband licenses in the 897.5-900.5 MHz and 936.5-939.5 MHz bands will have a term not to exceed 15 years from the date of initial issuance and ten (10) years from the date of any subsequent renewal. ( o ) 3450-3550 MHz Band. Authorizations for licenses in the 3.45 GHz Service in the 3450-3550 MHz band will have a term not to exceed fifteen (15) years from the date of issuance. [ 65 FR 3146 , Jan. 20, 2000] Editorial Note Editorial Note: For Federal Register citations affecting § 27.13 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 27.14 Construction requirements. ( a ) AWS and WCS licensees, with the exception of WCS licensees holding authorizations for the 600 MHz band, Block A in the 698-704 MHz and 728-734 MHz bands, Block B in the 704-710 MHz and 734-740 MHz bands, Block E in the 722-728 MHz band, Block C, C1, or C2 in the 746-757 MHz and 776-787 MHz bands, Block A in the 2305-2310 MHz and 2350-2355 MHz bands, Block B in the 2310-2315 MHz and 2355-2360 MHz bands, Block C in the 2315-2320 MHz band, Block D in the 2345-2350 MHz band, in the 3450-3550 MHz band, and in the 3700-3980 MHz band, and with the exception of licensees holding AWS authorizations in the 1915-1920 MHz and 1995-2000 MHz bands, the 2000-2020 MHz and 2180-2200 MHz bands, or 1695-1710 MHz, 1755-1780 MHz and 2155-2180 MHz bands, must, as a performance requirement, make a showing of “substantial service” in their license area within the prescribed license term set forth in § 27.13 . “Substantial service” is defined as service which is sound, favorable and substantially above a level of mediocre service which just might minimally warrant renewal. Failure by any licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to regain it. ( b ) - ( f ) [Reserved] ( g ) WCS licensees holding EA authorizations for Block A in the 698-704 MHz and 728-734 MHz bands, cellular market authorizations for Block B in the 704-710 MHz and 734-740 MHz bands, or EA authorizations for Block E in the 722-728 MHz band, if the results of the first auction in which licenses for such authorizations are offered satisfy the reserve price for the applicable block, shall provide signal coverage and offer service over at least 35 percent of the geographic area of each of their license authorizations no later than June 13, 2013 (or within four years of initial license grant if the initial authorization in a market is granted after June 13, 2009), and shall provide such service over at least 70 percent of the geographic area of each of these authorizations by the end of the license term. In applying these geographic benchmarks, licensees are not required to include land owned or administered by government as a part of the relevant service area. Licensees may count covered government land for purposes of meeting their geographic construction benchmark, but are required to add the covered government land to the total geographic area used for measurement purposes. Licensees are required to include those populated lands held by tribal governments and those held by the Federal Government in trust or for the benefit of a recognized tribe. ( 1 ) If an EA or CMA licensee holding an authorization in these particular blocks fails to provide signal coverage and offer service over at least 35 percent of the geographic area of its license authorization by no later than June 13, 2013 (or within four years of initial license grant, if the initial authorization in a market is granted after June 13, 2009), the term of that license authorization will be reduced by two years and such licensee may be subject to enforcement action, including forfeitures. In addition, an EA or CMA licensee that provides signal coverage and offers service at a level that is below this interim benchmark may lose authority to operate in part of the remaining unserved areas of the license. ( 2 ) If any such EA or CMA licensee fails to provide signal coverage and offer service to at least 70 percent of the geographic area of its license authorization by the end of the license term, that licensee's authorization will terminate automatically without Commission action for those geographic portions of its license in which the licensee is not providing service, and those unserved areas will become available for reassignment by the Commission. Such licensee may also be subject to enforcement action, including forfeitures. In addition, an EA or CMA licensee that provides signal coverage and offers service at a level that is below this end-of-term benchmark may be subject to license termination. In the event that a licensee's authority to operate in a license area terminates automatically without Commission action, such areas will become available for reassignment pursuant to the procedures in paragraph (j) of this section. ( 3 ) For licenses under paragraph (g) of this section, the geographic service area to be made available for reassignment must include a contiguous area of at least 130 square kilometers (50 square miles), and areas smaller than a contiguous area of at least 130 square kilometers (50 square miles) will not be deemed unserved. ( h ) WCS licensees holding REAG authorizations for Block C in the 746-757 MHz and 776-787 MHz bands or REAG authorizations for Block C2 in the 752-757 MHz and 782-787 MHz bands shall provide signal coverage and offer service over at least 40 percent of the population in each EA comprising the REAG license area no later than June 13, 2013 (or within four years of initial license grant, if the initial authorization in a market is granted after June 13, 2009), and shall provide such service over at least 75 percent of the population of each of these EAs by the end of the license term. For purposes of compliance with this requirement, licensees should determine population based on the most recently available U.S. Census Data. ( 1 ) If a licensee holding a Block C authorization fails to provide signal coverage and offer service over at least 40 percent of the population in each EA comprising the REAG license area by no later than June 13, 2013 (or within four years of initial license grant if the initial authorization in a market is granted after June 13, 2009), the term of the license authorization will be reduced by two years and such licensee may be subject to enforcement action, including forfeitures. In addition, a licensee that provides signal coverage and offers service at a level that is below this interim benchmark may lose authority to operate in part of the remaining unserved areas of the license. ( 2 ) If a licensee holding a Block C authorization fails to provide signal coverage and offer service over at least 75 percent of the population in any EA comprising the REAG license area by the end of the license term, for each such EA that licensee's authorization will terminate automatically without Commission action for those geographic portions of its license in which the licensee is not providing service. Such licensee may also be subject to enforcement action, including forfeitures. In the event that a licensee's authority to operate in a license area terminates automatically without Commission action, such areas will become available for reassignment pursuant to the procedures in paragraph (j) of this section. In addition, a REAG licensee that provides signal coverage and offers service at a level that is below this end-of-term benchmark within any EA may be subject to license termination within that EA. ( 3 ) For licenses under paragraph (h), the geographic service area to be made available for reassignment must include a contiguous area of at least 130 square kilometers (50 square miles), and areas smaller than a contiguous area of at least 130 square kilometers (50 square miles) will not be deemed unserved. ( i ) WCS licensees holding EA authorizations for Block A in the 698-704 MHz and 728-734 MHz bands, cellular market authorizations for Block B in the 704-710 MHz and 734-740 MHz bands, or EA authorizations for Block E in the 722-728 MHz band, if the results of the first auction in which licenses for such authorizations in Blocks A, B, and E are offered do not satisfy the reserve price for the applicable block, as well as EA authorizations for Block C1 in the 746-752 MHz and 776-782 MHz bands, are subject to the following: ( 1 ) If a licensee holding a cellular market area or EA authorization subject to this paragraph (i) fails to provide signal coverage and offer service over at least 40 percent of the population in its license area by no later than June 13, 2013 (or within four years of initial license grant, if the initial authorization in a market is granted after June 13, 2009), the term of that license authorization will be reduced by two years and such licensee may be subject to enforcement action, including forfeitures. In addition, such licensee that provides signal coverage and offers service at a level that is below this interim benchmark may lose authority to operate in part of the remaining unserved areas of the license. For purposes of compliance with this requirement, licensees should determine population based on the most recently available U.S. Census Data. ( 2 ) If a licensee holding a cellular market area or EA authorization subject to this paragraph (i) fails to provide signal coverage and offer service over at least 75 percent of the population in its license area by the end of the license term, that licensee's authorization will terminate automatically without Commission action for those geographic portions of its license in which the licensee is not providing service, and those unserved areas will become available for reassignment by the Commission. Such licensee may also be subject to enforcement action, including forfeitures. In the event that a licensee's authority to operate in a license area terminates automatically without Commission action, such areas will become available for reassignment pursuant to the procedures in paragraph (j) of this section. In addition, such a licensee that provides signal coverage and offers service at a level that is below this end-of-term benchmark may be subject to license termination. For purposes of compliance with this requirement, licensees should determine population based on the most recently available U.S. Census Data. ( 3 ) For licenses under paragraph (i), the geographic service area to be made available for reassignment must include a contiguous area of at least 130 square kilometers (50 square miles), and areas smaller than a contiguous area of at least 130 square kilometers (50 square miles) will not be deemed unserved. ( j ) In the event that a licensee's authority to operate in a license area terminates automatically under paragraphs (g) , (h) , or (i) of this section, such areas will become available for reassignment pursuant to the following procedures: ( 1 ) The Wireless Telecommunications Bureau is delegated authority to announce by public notice that these license areas will be made available and establish a 30-day window during which third parties may file license applications to serve these areas. During this 30-day period, licensees that had their authority to operate terminate automatically for unserved areas may not file applications to provide service to these areas. Applications filed by third parties that propose areas overlapping with other applications will be deemed mutually exclusive, and will be resolved through an auction. The Wireless Telecommunications Bureau, by public notice, may specify a limited period before the filing of short-form applications (FCC Form 175) during which applicants may enter into a settlement to resolve their mutual exclusivity, subject to the provisions of § 1.935 of this chapter . ( 2 ) Following this 30-day period, the original licensee and third parties can file license applications for remaining unserved areas where licenses have not been issued or for which there are no pending applications. If the original licensee or a third party files an application, that application will be placed on public notice for 30 days. If no mutually exclusive application is filed, the application will be granted, provided that a grant is found to be in the public interest. If a mutually exclusive application is filed, it will be resolved through an auction. The Wireless Telecommunications Bureau, by public notice, may specify a limited period before the filing of short-form applications (FCC Form 175) during which applicants may enter into a settlement to resolve their mutual exclusivity, subject to the provisions of § 1.935 of this chapter . ( 3 ) The licensee will have one year from the date the new license is issued to complete its construction and provide signal coverage and offer service over 100 percent of the geographic area of the new license area. If the licensee fails to meet this construction requirement, its license will automatically terminate without Commission action and it will not be eligible to apply to provide service to this area at any future date. ( k ) Licensees holding WCS or AWS authorizations in the spectrum blocks enumerated in paragraphs (g) , (h) , (i) , (q) , (r) , (s) , (t) , (v) , and (w) of this section, including any licensee that obtained its license pursuant to the procedures set forth in paragraph (j) of this section, shall demonstrate compliance with performance requirements by filing a construction notification with the Commission, within 15 days of the expiration of the applicable benchmark, in accordance with the provisions set forth in § 1.946(d) of this chapter . The licensee must certify whether it has met the applicable performance requirements. The licensee must file a description and certification of the areas for which it is providing service. The construction notifications must include electronic coverage maps, supporting technical documentation and any other information as the Wireless Telecommunications Bureau may prescribe by public notice. ( l ) WCS licensees holding authorizations in the spectrum blocks enumerated in paragraphs (g) , (h) , or (i) of this section, excluding any licensee that obtained its license pursuant to the procedures set forth in subsection (j) of this section, shall file reports with the Commission that provide the Commission, at a minimum, with information concerning the status of their efforts to meet the performance requirements applicable to their authorizations in such spectrum blocks and the manner in which that spectrum is being utilized. The information to be reported will include the date the license term commenced, a description of the steps the licensee has taken toward meeting its construction obligations in a timely manner, including the technology or technologies and service(s) being provided, and the areas within the license area in which those services are available. Each of these licensees shall file its first report with the Commission no later than June 13, 2011 and no sooner than 30 days prior to this date. Each licensee that meets its interim benchmarks shall file a second report with the Commission no later than June 13, 2016 and no sooner than 30 days prior to this date. Each licensee that does not meet its interim benchmark shall file this second report no later than on June 13, 2015 and no sooner than 30 days prior to this date. ( m ) - ( n ) [Reserved] ( o ) With respect to initial BRS licenses issued on or after November 6, 2009, the licensee must make a showing of substantial service within four years from the date of issue of the license. With respect to EBS licenses issued after October 25, 2019, the licensee must comply with paragraph (u) of this section. “Substantial service” is defined as service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. Substantial service for BRS and EBS licensees is satisfied if a licensee meets the requirements of paragraph (o)(1) , (2) , or (3) of this section. If a licensee has not met the requirements of paragraph (o)(1) , (2) , or (3) of this section, then demonstration of substantial service shall proceed on a case-by-case basis. Except as provided in paragraphs (o)(4) and (5) of this section, all substantial service determinations will be made on a license-by-license basis. Failure by any licensee to demonstrate substantial service will result in forfeiture of the license and the licensee will be ineligible to regain it. ( 1 ) A BRS or EBS licensee has provided “substantial service” by: ( i ) Constructing six permanent links per one million people for licensees providing fixed point-to-point services; ( ii ) Providing coverage of at least 30 percent of the population of the licensed area for licensees providing mobile services or fixed point-to-multipoint services; ( iii ) Providing service to “rural areas” (a county (or equivalent) with a population density of 100 persons per square mile or less, based upon the most recently available Census data) and areas with limited access to telecommunications services: ( A ) For mobile service, where coverage is provided to at least 75% of the geographic area of at least 30% of the rural areas within its service area; or ( B ) for fixed service, where the BRS or EBS licensee has constructed at least one end of a permanent link in at least 30% of the rural areas within its licensed area. ( iv ) Providing specialized or technologically sophisticated service that does not require a high level of coverage to benefit consumers; or ( v ) Providing service to niche markets or areas outside the areas served by other licensees. ( 2 ) An EBS license initially issued prior to October 25, 2019 has provided “substantial service” when: ( i ) The EBS licensee is using its spectrum (or spectrum to which the EBS licensee's educational services are shifted) to provide educational services within the EBS licensee's GSA; ( ii ) the EBS licensee's license is actually being used to serve the educational mission of one or more accredited public or private schools, colleges or universities providing formal educational and cultural development to enrolled students; or ( iii ) The level of service provided by the EBS licensee meets or exceeds the minimum usage requirements specified in § 27.1214 contained in the edition of 47 CFR parts 20 through 39 , revised as of October 1, 2017. ( 3 ) An EBS or BRS licensee may be deemed to provide substantial service through a leasing arrangement if the lessee is providing substantial service under paragraph (o)(1) of this section. ( 4 ) If the GSA of a licensee is less than 1924 square miles in size, and there is an overlapping co-channel station licensed or leased by the licensee or its affiliate, substantial service may be demonstrated by meeting the requirements of paragraph (o)(1) or (o)(2) of this section with respect to the combined GSAs of both stations. ( 5 ) If the GSA of a BTA authorization holder, is less than one-half of the area within the BTA for every BRS channel, substantial service may be demonstrated for the licenses in question by meeting the requirements of paragraph (o)(1) or (o)(2) of this section with respect to the combined GSAs of the BTA authorization holder, together with any incumbent authorizations licensed or leased by the licensee or its affiliates. ( p ) This section enumerates performance requirements for licensees holding authorizations for Block A in the 2305-2310 MHz and 2350-2355 MHz bands, Block B in the 2310-2315 MHz and 2355-2360 MHz bands, Block C in the 2315-2320 MHz band, and Block D in the 2345-2350 MHz band. ( 1 ) For mobile and point-to-multipoint systems in Blocks A and B, and point-to-multipoint systems in Blocks C and D, a licensee must provide reliable signal coverage and offer service to at least 40 percent of the license area's population by March 13, 2017, and to at least 75 percent of the license area's population by September 13, 2019. If, when filing the construction notification required under § 1.946(d) of this chapter , a WCS licensee demonstrates that 25 percent or more of the license area's population for Block A, B or D is within a coordination zone as defined by § 27.73(a) of the rules, the foregoing population benchmarks are reduced to 25 and 50 percent, respectively. The percentage of a license area's population within a coordination zone equals the sum of the Census Block Centroid Populations within the area, divided by the license area's total population. ( 2 ) For point-to-point fixed systems, except those deployed in the Gulf of Mexico license area, a licensee must construct and operate a minimum of 15 point-to-point links per million persons (one link per 67,000 persons) in a license area by March 13, 2017, and 30 point-to-point links per million persons (one link per 33,500 persons) in a licensed area by September 13, 2019. The exact link requirement is calculated by dividing a license area's total population by 67,000 and 33,500 for the respective milestones, and then rounding upwards to the next whole number. For a link to be counted towards these benchmarks, both of its endpoints must be located in the license area. If only one endpoint of a link is located in a license area, it can be counted as a one- half link towards the benchmarks. ( 3 ) For point-to-point fixed systems deployed on any spectrum block in the Gulf of Mexico license area, a licensee must construct and operate a minimum of 15 point-to-point links by March 13, 2017, and a minimum of 15 point-to-point links by September 13, 2019. ( 4 ) Under paragraph (p)(2) and (p)(3) of this section, each fixed link must provide a minimum bit rate, in bits per second, equal to or greater than the bandwidth specified by the emission designator in Hertz ( e.g., equipment transmitting at a 5 Mb/s rate must not require a bandwidth of greater than 5 MHz). ( 5 ) If an initial authorization for a license area is granted after March 13, 2013, then the applicable benchmarks in paragraphs (p)(1) , (2) and (3) of this section must be met within 48 and 78 months, respectively, of the initial authorization grant date. ( 6 ) Licensees must use the most recently available U.S. Census Data at the time of measurement to meet these performance requirements. ( 7 ) Licensees must certify compliance with the applicable performance requirements by filing a construction notification with the Commission, within 15 days of the expiration of the relevant performance milestone, pursuant to § 1.946(d) of this chapter . Each construction notification must include electronic coverage maps, supporting technical documentation, and any other information as the Wireless Telecommunications Bureau may prescribe by public notice. Electronic coverage maps must accurately depict the boundaries of each license area (Regional Economic Area Grouping, REAG, or Major Economic Area, MEA) in the licensee's service territory. Further, REAG maps must depict MEA boundaries and MEA maps must depict Economic Area boundaries. If a licensee does not provide reliable signal coverage to an entire license area, its map must accurately depict the boundaries of the area or areas within each license area not being served. Each licensee also must file supporting documentation certifying the type of service it is providing for each REAG or MEA within its service territory and the type of technology used to provide such service. Supporting documentation must include the assumptions used to create the coverage maps, including the propagation model and the signal strength necessary to provide reliable service with the licensee's technology. ( 8 ) If a licensee fails to meet any applicable performance requirement, its authorization will terminate automatically without further Commission action as of the applicable performance milestone and the licensee will be ineligible to regain it. ( q ) The following provisions apply to any licensee holding an AWS authorization in the 2000-2020 MHz and 2180-2200 MHz bands (an “AWS-4 licensee”): ( 1 ) An AWS-4 licensee shall provide terrestrial signal coverage and offer terrestrial service within four (4) years from the date of the license to at least forty (40) percent of the total population in the aggregate service areas that it has licensed in the 2000-2020 MHz and 2180-2200 MHz bands (“AWS-4 Interim Buildout Requirement”). For purposes of this subpart, a licensee's total population shall be calculated by summing the population of each license area that a licensee holds in the 2000-2020 MHz and 2180-2200 MHz bands; and ( 2 ) An AWS-4 licensee shall provide terrestrial signal coverage and offer terrestrial service within seven (7) years from the date of the license to at least seventy (70) percent of the population in each of its license areas in the 2000-2020 MHz and 2180-2200 MHz bands (“AWS-4 Final Buildout Requirement”). ( 3 ) If any AWS-4 licensee fails to establish that it meets the AWS-4 Interim Buildout Requirement, the AWS-4 Final Buildout requirement shall be accelerated by one year from (seven to six years). ( 4 ) If any AWS-4 licensee fails to establish that it meets the AWS-4 Final Buildout Requirement in any of its license areas in the 2000-2020 MHz and 2180-2200 MHz bands, its authorization for each license area in which it fails to meet the requirement shall terminate automatically without Commission action. To the extent that the AWS-4 licensee also holds the 2 GHz MSS rights for the affected license area, failure to meet the AWS-4 Final Buildout Requirement in an EA shall also result in the MSS protection rule in § 27.1136 no longer applying in that license area. ( 5 ) To demonstrate compliance with these performance requirements, licensees shall use the most recently available U.S. Census Data at the time of measurement and shall base their measurements of population served on areas no larger than the Census Tract level. The population within a specific Census Tract (or other acceptable identifier) will only be deemed served by the licensee if it provides signal coverage to and offers service within the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such areas may only include the population within the Census Tract (or other acceptable identifier) towards meeting the performance requirement of a single, individual license. ( 6 ) Failure by any AWS-4 licensee to meet the AWS-4 Final Buildout Requirement in paragraph (q)(4) of this section will result in forfeiture of the license and the licensee will be ineligible to regain it. ( r ) The following provisions apply to any licensee holding an AWS authorization in the 1915-1920 MHz and 1995-2000 MHz bands: ( 1 ) A licensee shall provide signal coverage and offer service within four (4) years from the date of the initial license to at least forty (40) percent of the population in each of its licensed areas (“Interim Buildout Requirement”). ( 2 ) A licensee shall provide signal coverage and offer service within ten (10) years from the date of the initial license to at least seventy-five (75) percent of the population in each of its licensed areas (“Final Buildout Requirement”). ( 3 ) If a licensee fails to establish that it meets the Interim Buildout Requirement for a particular licensed area, then the Final Buildout Requirement (in this paragraph (r) ) and the license term (as set forth in § 27.13(j) ) for each license area in which it fails to meet the Interim Buildout Requirement shall be accelerated by two years (from ten to eight years). ( 4 ) If a licensee fails to establish that it meets the Final Buildout Requirement for a particular licensed area, its authorization for each license area in which it fails to meet the Final Buildout Requirement shall terminate automatically without Commission action and the licensee will be ineligible to regain it if the Commission makes the license available at a later date. ( 5 ) To demonstrate compliance with these performance requirements, licensees shall use the most recently available U.S. Census Data at the time of measurement and shall base their measurements of population served on areas no larger than the Census Tract level. The population within a specific Census Tract (or other acceptable identifier) will only be deemed served by the licensee if it provides signal coverage to and offers service within the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such areas may only include the population within the Census Tract (or other acceptable identifier) towards meeting the performance requirement of a single, individual license. ( s ) The following provisions apply to any licensee holding an AWS authorization in the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands: ( 1 ) A licensee shall provide reliable signal coverage and offer service within six (6) years from the date of the initial license to at least forty (40) percent of the population in each of its licensed areas (“Interim Buildout Requirement”). ( 2 ) A licensee shall provide reliable signal coverage and offer service within twelve (12) years from the date of the initial license to at least seventy-five (75) percent of the population in each of its licensed areas (“Final Buildout Requirement”). ( 3 ) If a licensee fails to establish that it meets the Interim Buildout Requirement for a particular licensed area, then the Final Buildout Requirement (in this paragraph (s) ) and the AWS license term (as set forth in § 27.13(k) ) for each license area in which it fails to meet the Interim Buildout Requirement shall be accelerated by two (2) years (from twelve (12) to ten (10) years). ( 4 ) If a licensee fails to establish that it meets the Final Buildout Requirement for a particular licensed area, its authorization for each license area in which it fails to meet the Final Buildout Requirement shall terminate automatically without Commission action and the licensee will be ineligible to regain it if the Commission makes the license available at a later date. ( 5 ) To demonstrate compliance with these performance requirements, licensees shall use the most recently available U.S. Census Data at the time of measurement and shall base their measurements of population served on areas no larger than the Census Tract level. The population within a specific Census Tract (or other acceptable identifier) will be deemed served by the licensee only if it provides signal coverage to and offers service within the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such areas may include only the population within the Census Tract (or other acceptable identifier) towards meeting the performance requirement of a single, individual license. For the Gulf of Mexico license area, the licensee shall demonstrate compliance with these performance requirements, using off-shore platforms, including production, manifold, compression, pumping and valving platforms as a proxy for population in the Gulf of Mexico. ( t ) The following provisions apply to any licensee holding an authorization in the 600 MHz band: ( 1 ) A licensee shall provide reliable signal coverage and offer service within six (6) years from the date of the initial license to at least forty (40) percent of the population in each of its license areas (“Interim Buildout Requirement”). ( 2 ) A licensee shall provide reliable signal coverage and offer service within twelve (12) years from the date of the initial license to at least seventy-five (75) percent of the population in each of its license areas (“Final Buildout Requirement”). ( 3 ) If a licensee fails to establish that it meets the Interim Buildout Requirement for a particular licensed area, then the Final Buildout Requirement (in this paragraph (t) ) and the license term (as set forth in § 27.13(l) ) for each license area in which it fails to meet the Interim Buildout Requirement shall be accelerated by two (2) years (from twelve (12) to ten (10) years). ( 4 ) If a licensee fails to establish that it meets the Final Buildout Requirement for a particular license area, its authorization for each license area in which it fails to meet the Final Buildout Requirement shall terminate automatically without Commission action, and the licensee will be ineligible to regain it if the Commission makes the license available at a later date. ( 5 ) To demonstrate compliance with these performance requirements, licensees shall use the most recently available decennial U.S. Census Data at the time of measurement and shall base their measurements of population served on areas no larger than the Census Tract level. The population within a specific Census Tract (or other acceptable identifier) will be deemed served by the licensee only if it provides reliable signal coverage to and offers service within the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such areas may include only the population within the Census Tract (or other acceptable identifier) towards meeting the performance requirement of a single, individual license. For the Gulf of Mexico license area, the licensee shall demonstrate compliance with these performance requirements, using off-shore platforms, including production, manifold, compression, pumping and valving platforms as a proxy for population in the Gulf of Mexico. ( u ) This section enumerates performance requirements for EBS licenses initially issued after October 25, 2019. Licensees shall demonstrate compliance with performance requirements by filing a construction notification with the Commission, within 15 days of the expiration of the applicable benchmark, in accordance with the provisions set forth in § 1.946(d) of this chapter . ( 1 ) All EBS licenses initially issued after October 25, 2019, must demonstrate compliance with the performance requirements described in this paragraph (u) . All equipment used to demonstrate compliance must be in use and actually providing service, either for internal use or to unaffiliated customers, as of the interim deadline or final deadline, whichever is applicable. ( 2 ) Except for licensees with licenses applied for in the Tribal Priority Window, licensees providing mobile or point-to-multipoint service must demonstrate reliable signal coverage of 50% of the population of the geographic service area within four years of initial license grant, and 80% of the population of the geographic service area within eight years of initial license grant. ( 3 ) Except for licensees with licenses applied for in the Tribal Priority Window, licensees providing fixed point-to-point service must demonstrate operation of one link for each 50,000 persons in the geographic service area within four years of initial license grant, and one link for each 25,000 persons in the geographic service area within eight years of initial license grant. ( 4 ) Licensees with licenses applied for in the Tribal Priority Window must make an interim showing under paragraph (u)(2) or (3) of this section within two years of initial license grant. Licensees with licenses applied for in the Tribal Priority Window must make a final showing under paragraph (u)(2) or (3) of this section within five years of initial license grant. ( 5 ) If an EBS licensee (other than the licensee of a license issued pursuant to the Tribal Priority Window) fails to meet interim performance requirements described in paragraph (u)(2) or (3) of this section, the deadline for that authorization to meet its final performance requirement will be advanced by two years. If an EBS licensee of a license issued pursuant to the Tribal Priority Window fails to meet interim performance requirements described in paragraph (u)(2) or (3) of this section, the deadline for that authorization to meet its final performance requirement will be advanced by one year. If an EBS licensee fails to meet its final performance requirement, its license shall automatically terminate without specific Commission action. ( v ) The following provisions apply to any licensee holding an authorization in the 3700-3980 MHz band: ( 1 ) Licensees relying on mobile or point-to-multipoint service shall provide reliable signal coverage and offer service within eight (8) years from the date of the initial license to at least forty-five (45) percent of the population in each of its license areas (“First Buildout Requirement”). Licensee shall provide reliable signal coverage and offer service within twelve (12) years from the date of the initial license to at least eighty (80) percent of the population in each of its license areas (“Second Buildout Requirement”). Licensees relying on point-to-point service shall demonstrate within eight years of the license issue date that they have four links operating and providing service to customers or for internal use if the population within the license area is equal to or less than 268,000 and, if the population is greater than 268,000, that they have at least one link in operation and providing service to customers, or for internal use, per every 67,000 persons within a license area (“First Buildout Requirement”). Licensees relying on point-to-point service shall demonstrate within 12 years of the license issue date that they have eight links operating and providing service to customers or for internal use if the population within the license area is equal to or less than 268,000 and, if the population within the license area is greater than 268,000, shall demonstrate they are providing service and have at least two links in operation per every 67,000 persons within a license area (“Second Buildout Requirement”). ( 2 ) In the alternative, a licensee offering Internet of Things-type services shall provide geographic area coverage within eight (8) years from the date of the initial license to thirty-five (35) percent of the license (“First Buildout Requirement”). A licensee offering Internet of Things-type services shall provide geographic area coverage within twelve (12) years from the date of the initial license to sixty-five (65) percent of the license (“Second Buildout Requirement”). ( 3 ) If a licensee fails to establish that it meets the First Buildout Requirement for a particular license area, the licensee's Second Buildout Requirement deadline and license term will be reduced by two years. If a licensee fails to establish that it meets the Second Buildout Requirement for a particular license area, its authorization for each license area in which it fails to meet the Second Buildout Requirement shall terminate automatically without Commission action, and the licensee will be ineligible to regain it if the Commission makes the license available at a later date. ( 4 ) To demonstrate compliance with these performance requirements, licensees shall use the most recently available decennial U.S. Census Data at the time of measurement and shall base their measurements of population or geographic area served on areas no larger than the Census Tract level. The population or area within a specific Census Tract (or other acceptable identifier) will be deemed served by the licensee only if it provides reliable signal coverage to and offers service within the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such areas may include only the population or geographic area within the Census Tract (or other acceptable identifier) towards meeting the performance requirement of a single, individual license. If a licensee does not provide reliable signal coverage to an entire license area, the license must provide a map that accurately depicts the boundaries of the area or areas within each license area not being served. Each licensee also must file supporting documentation certifying the type of service it is providing for each licensed area within its service territory and the type of technology used to provide such service. Supporting documentation must include the assumptions used to create the coverage maps, including the propagation model and the signal strength necessary to provide reliable service with the licensee's technology. ( w ) The following provisions apply to any licensee holding an authorization in the 3450-3550 MHz band: ( 1 ) Performance requirements. Licensees in the 3.45 GHz Service must meet the following benchmarks, based on the type of service they provide. ( i ) Mobile/point-to-multipoint service. Licensees relying on mobile or point-to-multipoint service shall provide reliable signal coverage and offer service within four (4) years from the date of the initial license to at least forty-five (45) percent of the population in each of its license areas (“First Performance Benchmark”). Licensees shall provide reliable signal coverage and offer service within eight (8) years from the date of the initial license to at least eighty (80) percent of the population in each of its license areas (“Second Performance Benchmark”). ( ii ) Point-to-point service. Licensees relying on point-to-point service shall demonstrate within four (4) years of the license issue date that, if the population within the license area is equal to or less than 268,000, they have four links operating and either provide service to customers or for internal use. If the population is greater than 268,000, they shall demonstrate they have at least one link in operation and either provide service to customers or for internal use per every 67,000 persons within a license area (“First Performance Benchmark”). Licensees shall demonstrate within eight (8) years of the license issue date that, if the population within license area is equal to or less than 268,000, they have eight links operating and either provide service to customers or for internal use. If the population within the license area is greater than 268,000, they shall demonstrate they have at least two links in operation and either provide service to customers or for internal use per every 67,000 persons within a license area (“Second Performance Benchmark”). ( iii ) Internet of Things service. Licensees offering Internet of Things-type services shall provide geographic area coverage within four (4) years from the date of the initial license to thirty-five (35) percent of the license (“First Performance Benchmark”). Licensees shall provide geographic area coverage within eight (8) years from the date of the initial license to sixty-five (65) percent of the license (“Second Performance Benchmark”). ( 2 ) Failure to meet performance requirements. If a licensee fails to establish that it meets the First Performance Benchmark for a particular license area in paragraph (w)(1) of this section, the licensee's Second Performance Benchmark deadline and license term in paragraph (w)(1) of this section will be reduced by one year. If a licensee fails to establish that it meets the Second Performance Benchmark for a particular license area, its authorization for each license area in which it fails to meet the Second Performance Benchmark shall terminate automatically without Commission action, and the licensee will be ineligible to regain it if the Commission makes the license available at a later date. ( 3 ) Compliance procedures. To demonstrate compliance with the performance requirements in paragraph (w)(1) of this section, licensees shall use the most recently available decennial U.S. Census Data at the time of measurement and shall base their measurements of population or geographic area served on areas no larger than the Census Tract level. The population or area within a specific Census Tract (or other acceptable identifier) will be deemed served by the licensee only if it provides reliable signal coverage to and offers service within the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such areas may include only the population or geographic area within the Census Tract (or other acceptable identifier) towards meeting the performance requirement of a single, individual license. If a licensee does not provide reliable signal coverage to an entire license area, the license must provide a map that accurately depicts the boundaries of the area or areas within each license area not being served. Each licensee also must file supporting documentation certifying the type of service it is providing for each licensed area within its service territory and the type of technology used to provide such service. Supporting documentation must include the assumptions used to create the coverage maps, including the propagation model and the signal strength necessary to provide reliable service with the licensee's technology. [ 62 FR 9658 , Mar. 3, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 27.14 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 27.15 Geographic partitioning and spectrum disaggregation. ( a ) Eligibility. ( 1 ) Parties seeking approval for partitioning and disaggregation shall request from the Commission an authorization for partial assignment of a license pursuant to § 1.948 . ( 2 ) AWS and WCS licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses. ( b ) Technical Standards — ( 1 ) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to section 1.948 and list the partitioned service area on a schedule to the application. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). ( 2 ) Disaggregation. Spectrum may be disaggregated in any amount. ( 3 ) Combined partitioning and disaggregation. The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation. ( 4 ) Signal levels. For purposes of partitioning and disaggregation, part 27 systems must be designed so as not to exceed the signal level specified for the particular spectrum block in § 27.55 at the licensee's service area boundary, unless the affected adjacent service area licensees have agreed to a different signal level. ( c ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 27.13 . [ 62 FR 9658 , Mar. 3, 1997, as amended at 63 FR 68954 , Dec. 14, 1998; 65 FR 3146 , Jan. 20, 2000; 65 FR 57268 , Sept. 21, 2000; 67 FR 45373 , July 9, 2002; 69 FR 5715 , Feb. 6, 2004; 72 FR 48848 , Aug. 24, 2007; 78 FR 8268 , Feb. 5, 2013; 78 FR 50255 , Aug. 16, 2013; 79 FR 596 , Jan. 6, 2014; 79 FR 32412 , June 4, 2014; 79 FR 48537 , Aug. 15, 2014; 82 FR 41548 , Sept. 1, 2017] § 27.16 Network access requirements for Block C in the 746-757 and 776-787 MHz bands. ( a ) Applicability. This section shall apply only to the authorizations for Block C in the 746-757 and 776-787 MHz bands assigned and only if the results of the first auction in which licenses for such authorizations are offered satisfied the applicable reserve price. ( b ) Use of devices and applications. Licensees offering service on spectrum subject to this section shall not deny, limit, or restrict the ability of their customers to use the devices and applications of their choice on the licensee's C Block network, except: ( 1 ) Insofar as such use would not be compliant with published technical standards reasonably necessary for the management or protection of the licensee's network, or ( 2 ) As required to comply with statute or applicable government regulation. ( c ) Technical standards. For purposes of paragraph (b)(1) of this section: ( 1 ) Standards shall include technical requirements reasonably necessary for third parties to access a licensee's network via devices or applications without causing objectionable interference to other spectrum users or jeopardizing network security. The potential for excessive bandwidth demand alone shall not constitute grounds for denying, limiting or restricting access to the network. ( 2 ) To the extent a licensee relies on standards established by an independent standards-setting body which is open to participation by representatives of service providers, equipment manufacturers, application developers, consumer organizations, and other interested parties, the standards will carry a presumption of reasonableness. ( 3 ) A licensee shall publish its technical standards, which shall be non-proprietary, no later than the time at which it makes such standards available to any preferred vendors, so that the standards are readily available to customers, equipment manufacturers, application developers, and other parties interested in using or developing products for use on a licensee's networks. ( d ) Access requests. ( 1 ) Licensees shall establish and publish clear and reasonable procedures for parties to seek approval to use devices or applications on the licensees' networks. A licensee must also provide to potential customers notice of the customers' rights to request the attachment of a device or application to the licensee's network, and notice of the licensee's process for customers to make such requests, including the relevant network criteria. ( 2 ) If a licensee determines that a request for access would violate its technical standards or regulatory requirements, the licensee shall expeditiously provide a written response to the requester specifying the basis for denying access and providing an opportunity for the requester to modify its request to satisfy the licensee's concerns. ( e ) Handset locking prohibited. No licensee may disable features on handsets it provides to customers, to the extent such features are compliant with the licensee's standards pursuant to paragraph (b) of this section, nor configure handsets it provides to prohibit use of such handsets on other providers' networks. ( f ) Burden of proof. Once a complainant sets forth a prima facie case that the C Block licensee has refused to attach a device or application in violation of the requirements adopted in this section, the licensee shall have the burden of proof to demonstrate that it has adopted reasonable network standards and reasonably applied those standards in the complainant's case. Where the licensee bases its network restrictions on industry-wide consensus standards, such restrictions would be presumed reasonable. [ 72 FR 48849 , Aug. 24, 2007] Subpart C—Technical Standards § 27.50 Power limits and duty cycle. ( a ) The following power limits and related requirements apply to stations transmitting in the 2305-2320 MHz band or the 2345-2360 MHz band. ( 1 ) Base and fixed stations. ( i ) For base and fixed stations transmitting in the 2305-2315 MHz band or the 2350-2360 MHz band: ( A ) The average equivalent isotropically radiated power (EIRP) must not exceed 2,000 watts within any 5 megahertz of authorized bandwidth and must not exceed 400 watts within any 1 megahertz of authorized bandwidth. ( B ) The peak-to-average power ratio (PAPR) of the transmitter output power must not exceed 13 dB. The PAPR measurements should be made using either an instrument with complementary cumulative distribution function (CCDF) capabilities to determine that PAPR will not exceed 13 dB for more than 0.1 percent of the time or other Commission approved procedure. The measurement must be performed using a signal corresponding to the highest PAPR expected during periods of continuous transmission. ( ii ) For base and fixed stations transmitting in the 2315-2320 MHz band or the 2345-2350 MHz band, the peak EIRP must not exceed 2,000 watts. ( 2 ) Fixed customer premises equipment stations. For fixed customer premises equipment (CPE) stations transmitting in the 2305-2320 MHz band or in the 2345-2360 MHz band, the peak EIRP must not exceed 20 watts within any 5 megahertz of authorized bandwidth. Fixed CPE stations transmitting in the 2305-2320 MHz band or in the 2345-2360 MHz band must employ automatic transmit power control when operating so the stations operate with the minimum power necessary for successful communications. The use of outdoor antennas for CPE stations or outdoor CPE station installations operating with 2 watts per 5 megahertz or less average EIRP using the stepped emissions mask prescribed in § 27.53(a)(3) is prohibited except if professionally installed in locations removed by 20 meters from roadways or in locations where it can be shown that the ground power level of −44 dBm in the A or B blocks or −55 dBm in the C or D blocks will not be exceeded at the nearest road location. The use of outdoor antennas for fixed CPE stations operating with 2 watts per 5 megahertz or less average EIRP and the emissions mask prescribed in § 27.53(a)(1)(i) through (iii) is permitted in all locations. For fixed WCS CPE using TDD technology, the duty cycle must not exceed 38 percent; ( 3 ) Mobile and portable stations. ( i ) For mobile and portable stations transmitting in the 2305-2315 MHz band or the 2350-2360 MHz band, the average EIRP must not exceed 50 milliwatts within any 1 megahertz of authorized bandwidth, except that for mobile and portable stations compliant with 3GPP LTE standards or another advanced mobile broadband protocol that avoids concentrating energy at the edge of the operating band the average EIRP must not exceed 250 milliwatts within any 5 megahertz of authorized bandwidth but may exceed 50 milliwatts within any 1 megahertz of authorized bandwidth. For mobile and portable stations using time division duplexing (TDD) technology, the duty cycle must not exceed 38 percent in the 2305-2315 MHz and 2350-2360 MHz bands. Mobile and portable stations using FDD technology are restricted to transmitting in the 2305-2315 MHz band. Power averaging shall not include intervals in which the transmitter is off. ( ii ) Mobile and portable stations are not permitted to transmit in the 2315-2320 MHz and 2345-2350 MHz bands. ( iii ) Automatic transmit power control. Mobile and portable stations transmitting in the 2305-2315 MHz band or in the 2350-2360 MHz band must employ automatic transmit power control when operating so the stations operate with the minimum power necessary for successful communications. ( iv ) Prohibition on external vehicle-mounted antennas. The use of external vehicle-mounted antennas for mobile and portable stations transmitting in the 2305-2315 MHz band or the 2350-2360 MHz band is prohibited. ( b ) The following power and antenna height limits apply to transmitters operating in the 746-758 MHz, 775-788 MHz and 805-806 MHz bands: ( 1 ) Fixed and base stations transmitting a signal in the 757-758 and 775-776 MHz bands must not exceed an effective radiated power (ERP) of 1000 watts and an antenna height of 305 m height above average terrain (HAAT), except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 1000 watts ERP in accordance with Table 1 of this section. ( 2 ) Fixed and base stations transmitting a signal in the 746-757 MHz and 776-787 MHz bands with an emission bandwidth of 1 MHz or less must not exceed an ERP of 1000 watts and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 1000 watts ERP in accordance with Table 1 of this section. ( 3 ) Fixed and base stations located in a county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, and transmitting a signal in the 746-757 MHz and 776-787 MHz bands with an emission bandwidth of 1 MHz or less must not exceed an ERP of 2000 watts and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 2000 watts ERP in accordance with Table 2 of this section. ( 4 ) Fixed and base stations transmitting a signal in the 746-757 MHz and 776-787 MHz bands with an emission bandwidth greater than 1 MHz must not exceed an ERP of 1000 watts/MHz and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 1000 watts/MHz ERP in accordance with Table 3 of this section. ( 5 ) Fixed and base stations located in a county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, and transmitting a signal in the 746-757 MHz and 776-787 MHz bands with an emission bandwidth greater than 1 MHz must not exceed an ERP of 2000 watts/MHz and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 2000 watts/MHz ERP in accordance with Table 4 of this section. ( 6 ) Licensees of fixed or base stations transmitting a signal in the 746-757 MHz and 776-787 MHz bands at an ERP greater than 1000 watts must comply with the provisions set forth in paragraph (b)(8) of this section and § 27.55(c) . ( 7 ) Licensees seeking to operate a fixed or base station located in a county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, and transmitting a signal in the 746-757 MHz and 776-787 MHz bands at an ERP greater than 1000 watts must: ( i ) Coordinate in advance with all licensees authorized to operate in the 698-758 MHz, 775-788, and 805-806 MHz bands within 120 kilometers (75 miles) of the base or fixed station; ( ii ) coordinate in advance with all regional planning committees, as identified in § 90.527 of this chapter , with jurisdiction within 120 kilometers (75 miles) of the base or fixed station. ( 8 ) Licensees authorized to transmit in the 746-757 MHz and 776-787 MHz bands and intending to operate a base or fixed station at a power level permitted under the provisions of paragraph (b)(6) of this section must provide advanced notice of such operation to the Commission and to licensees authorized in their area of operation. Licensees who must be notified are all licensees authorized to operate in the 758-775 MHz and 788-805 MHz bands under part 90 of this chapter within 75 km of the base or fixed station and all regional planning committees, as identified in § 90.527 of this chapter , with jurisdiction within 75 km of the base or fixed station. Notifications must provide the location and operating parameters of the base or fixed station, including the station's ERP, antenna coordinates, antenna height above ground, and vertical antenna pattern, and such notifications must be provided at least 90 days prior to the commencement of station operation. ( 9 ) Control stations and mobile stations transmitting in the 746-757 MHz, 776-788 MHz, and 805-806 MHz bands and fixed stations transmitting in the 787-788 MHz and 805-806 MHz bands are limited to 30 watts ERP. ( 10 ) Portable stations (hand-held devices) transmitting in the 746-757 MHz, 776-788 MHz, and 805-806 MHz bands are limited to 3 watts ERP. ( 11 ) For transmissions in the 757-758, 775-776, 787-788, and 805-806 MHz bands, maximum composite transmit power shall be measured over any interval of continuous transmission using instrumentation calibrated in terms of RMS-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, etc., so as to obtain a true maximum composite measurement for the emission in question over the full bandwidth of the channel. ( 12 ) For transmissions in the 746-757 and 776-787 MHz bands, licensees may employ equipment operating in compliance with either the measurement techniques described in paragraph (b)(11) of this section or a Commission-approved average power technique. In both instances, equipment employed must be authorized in accordance with the provisions of § 27.51 . ( c ) The following power and antenna height requirements apply to stations transmitting in the 600 MHz band and the 698-746 MHz band: ( 1 ) Fixed and base stations transmitting a signal with an emission bandwidth of 1 MHz or less must not exceed an effective radiated power (ERP) of 1000 watts and an antenna height of 305 m height above average terrain (HAAT), except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 1000 watts ERP in accordance with Table 1 of this section; ( 2 ) Fixed and base stations located in a county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, and transmitting a signal with an emission bandwidth of 1 MHz or less must not exceed an ERP of 2000 watts and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 2000 watts ERP in accordance with Table 2 of this section; ( 3 ) Fixed and base stations transmitting a signal with an emission bandwidth greater than 1 MHz must not exceed an ERP of 1000 watts/MHz and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 1000 watts/MHz ERP in accordance with Table 3 of this section; ( 4 ) Fixed and base stations located in a county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, and transmitting a signal with an emission bandwidth greater than 1 MHz must not exceed an ERP of 2000 watts/MHz and an antenna height of 305 m HAAT, except that antenna heights greater than 305 m HAAT are permitted if power levels are reduced below 2000 watts/MHz ERP in accordance with Table 4 of this section; ( 5 ) Licensees, except for licensees operating in the 600 MHz downlink band, seeking to operate a fixed or base station located in a county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, and transmitting a signal at an ERP greater than 1000 watts must: ( i ) Coordinate in advance with all licensees authorized to operate in the 698-758 MHz, 775-788, and 805-806 MHz bands within 120 kilometers (75 miles) of the base or fixed station; ( ii ) coordinate in advance with all regional planning committees, as identified in § 90.527 of this chapter , with jurisdiction within 120 kilometers (75 miles) of the base or fixed station. ( 6 ) Licensees of fixed or base stations transmitting a signal at an ERP greater than 1000 watts and greater than 1000 watts/MHz must comply with the provisions of paragraph (c)(8) of this section and § 27.55(b) , except that licensees of fixed or base stations located in a county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, must comply with the provisions of paragraph (c)(8) of this section and § 27.55(b) only if transmitting a signal at an ERP greater than 2000 watts and greater than 2000 watts/MHz; ( 7 ) A licensee authorized to operate in the 710-716 or 740-746 MHz bands may operate a fixed or base station at an ERP up to a total of 50 kW within its authorized, 6 megahertz spectrum block if the licensee complies with the provisions of § 27.55(b) . The antenna height for such stations is limited only to the extent required to satisfy the requirements of § 27.55(b) . ( 8 ) Licensees intending to operate a base or fixed station at a power level permitted under the provisions of paragraph (c)(6) of this section must provide advanced notice of such operation to the Commission and to licensees authorized in their area of operation. Licensees who must be notified are all licensees authorized under this part to operate on an adjacent spectrum block within 75 km of the base or fixed station. Notifications must provide the location and operating parameters of the base or fixed station, including the station's ERP, antenna coordinates, antenna height above ground, and vertical antenna pattern, and such notifications must be provided at least 90 days prior to the commencement of station operation. ( 9 ) Control and mobile stations in the 698-746 MHz band are limited to 30 watts ERP. ( 10 ) Portable stations (hand-held devices) in the 600 MHz uplink band and the 698-746 MHz band, and fixed and mobile stations in the 600 MHz uplink band are limited to 3 watts ERP. ( 11 ) Licensees may employ equipment operating in compliance with either the measurement techniques described in paragraph (b)(11) of this section or a Commission-approved average power technique. In both instances, equipment employed must be authorized in accordance with the provisions of § 27.51 . ( 12 ) A licensee authorized to operate in the 716-722 or 722-728 MHz bands may operate a fixed or base station at an ERP up to a total of 50 kW within its authorized, 6 megahertz spectrum block if the licensee complies with the provisions of § 27.55(b) , obtains written concurrences from all affected licensees in the 698-746 MHz bands within 120 km of the proposed high power site, and files a copy of each written concurrences with the Wireless Telecommunications Bureau on FCC Form 601. The antenna height for such stations is limited only to the extent required to satisfy the requirements of § 27.55(b) . ( 13 ) Licensees authorized to operate in the 716-722 or 722-728 MHz bands must coordinate with licensees with uplink operations in the 698-716 MHz band to mitigate the potential for harmful interference. Licensees authorized to operate in the 716-722 or 722-728 MHz bands must mitigate harmful interference to licensees' uplink operations in the 698-716 MHz band within 30 days after receiving written notice from the affected licensees. A licensee authorized to operate in the 716-722 or 722-728 MHz bands must ensure that 716-728 MHz band transmissions are filtered at least to the extent that the 716-728 MHz band transmissions are filtered in markets where the 716-728 MHz band licensee holds any license in the 698-716 band, as applicable. For purposes of coordination and mitigations measures in paragraphs (i) and (iii) below, network will be deemed “deployed” as of the date upon which the network is able to support a commercial mobile or data service. The coordination and mitigation measures should include, but are not limited to, the following: ( i ) If a licensee operating in the 698-716 and 728-746 MHz band deploys a network after the 716-722 or 722-728 MHz bands licensee deploys a network on its 716-722 or 722-728 MHz spectrum in the same geographic market, the 716-722 or 722-728 MHz bands licensee will work with the licensee with uplink operations in the 698-716 MHz band to identify sites that will require additional filtering, and will help the licensee operating in the 698-716 and 728-746 MHz bands to identify proper filters; ( ii ) The 716-722 or 722-728 MHz bands licensee must permit licensees operating in the 698-716 and 728-746 MHz bands to collocate on the towers it owns at prevailing market rates; and ( iii ) If a 698-716 and 728-746 MHz bands licensee deploys a network before a licensee in the 716-722 or 722-728 MHz bands deploys a network in the same geographic market, the 716-722 or 722-728 MHz bands licensee will work with licensees in the 698-716 and 728-746 MHz bands to identify sites that will need additional filtering and will purchase and pay for installation of required filters on such sites. ( d ) The following power and antenna height requirements apply to stations transmitting in the 1695-1710 MHz, 1710-1755 MHz, 1755-1780 MHz, 1915-1920 MHz, 1995-2000 MHz, 2000-2020 MHz, 2110-2155 MHz, 2155-2180 MHz and 2180-2200 MHz bands: ( 1 ) The power of each fixed or base station transmitting in the 1995-2000 MHz, 2110-2155 MHz, 2155-2180 MHz or 2180-2200 MHz band and located in any county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, is limited to: ( i ) An equivalent isotropically radiated power (EIRP) of 3280 watts when transmitting with an emission bandwidth of 1 MHz or less; ( ii ) An EIRP of 3280 watts/MHz when transmitting with an emission bandwidth greater than 1 MHz. ( 2 ) The power of each fixed or base station transmitting in the 1995-2000 MHz, the 2110-2155 MHz 2155-2180 MHz band, or 2180-2200 MHz band and situated in any geographic location other than that described in paragraph (d)(1) of this section is limited to: ( i ) An equivalent isotropically radiated power (EIRP) of 1640 watts when transmitting with an emission bandwidth of 1 MHz or less; ( ii ) An EIRP of 1640 watts/MHz when transmitting with an emission bandwidth greater than 1 MHz. ( 3 ) A licensee operating a base or fixed station in the 2110-2155 MHz band utilizing a power greater than 1640 watts EIRP and greater than 1640 watts/MHz EIRP must coordinate such operations in advance with all Government and non-Government satellite entities in the 2025-2110 MHz band. A licensee operating a base or fixed station in the 2110-2180 MHz band utilizing power greater than 1640 watts EIRP and greater than 1640 watts/MHz EIRP must be coordinated in advance with the following licensees authorized to operate within 120 kilometers (75 miles) of the base or fixed station operating in this band: All Broadband Radio Service (BRS) licensees authorized under this part in the 2155-2160 MHz band and all advanced wireless services (AWS) licensees authorized to operate on adjacent frequency blocks in the 2110-2180 MHz band. ( 4 ) Fixed, mobile, and portable (hand-held) stations operating in the 1710-1755 MHz band and mobile and portable stations operating in the 1695-1710 MHz and 1755-1780 MHz bands are limited to 1 watt EIRP. Fixed stations operating in the 1710-1755 MHz band are limited to a maximum antenna height of 10 meters above ground. Mobile and portable stations operating in these bands must employ a means for limiting power to the minimum necessary for successful communications. ( 5 ) Equipment employed must be authorized in accordance with the provisions of § 24.51 . Power measurements for transmissions by stations authorized under this section may be made either in accordance with a Commission-approved average power technique or in compliance with paragraph (d)(6) of this section. In measuring transmissions in this band using an average power technique, the peak-to-average ratio (PAR) of the transmission may not exceed 13 dB. ( 6 ) Peak transmit power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. ( 7 ) Fixed, mobile, and portable (hand-held) stations operating in the 2000-2020 MHz band are limited to 2 watts EIRP, except that the total power of any portion of an emission that falls within the 2000-2005 MHz band may not exceed 5 milliwatts. A licensee of AWS-4 authority may enter into private operator-to-operator agreements with all 1995-2000 MHz licensees to operate in 2000-2005 MHz at power levels above 5 milliwatts EIRP; except the total power of the AWS-4 mobile emissions may not exceed 2 watts EIRP. ( 8 ) A licensee operating a base or fixed station in the 2180-2200 MHz band utilizing a power greater than 1640 watts EIRP and greater than 1640 watts/MHz EIRP must be coordinated in advance with all AWS licensees authorized to operate on adjacent frequency blocks in the 2180-2200 MHz band. ( 9 ) Fixed, mobile and portable (hand-held) stations operating in the 1915-1920 MHz band are limited to 300 milliwatts EIRP. ( 10 ) A licensee operating a base or fixed station in the 1995-2000 MHz band utilizing a power greater than 1640 watts EIRP and greater than 1640 watts/MHz EIRP must be coordinated in advance with all PCS G Block licensees authorized to operate on adjacent frequency blocks in the 1990-1995 MHz band within 120 kilometers of the base or fixed station operating in this band. ( e ) The following power limits apply to the paired 1392-1395 MHz and 1432-1435 MHz bands as well as the unpaired 1390-1392 MHz band (1.4 GHz band): ( 1 ) Fixed stations transmitting in the 1390-1392 MHz and 1432-1435 MHz bands are limited to 2000 watts EIRP peak power. Fixed stations transmitting in the 1392-1395 MHz band are limited to 100 watts EIRP peak power. ( 2 ) Mobile stations transmitting in the 1390-1392 MHz and 1432-1435 MHz bands are limited to 4 watts EIRP peak power. Mobile stations transmitting in the1392-1395 MHz band are limited to 1 watt EIRP peak power. ( f ) The following power limits apply to the 1670-1675 MHz band: ( 1 ) Fixed and base stations are limited to 2000 watts EIRP peak power. ( 2 ) Mobile stations are limited to 4 watts EIRP peak power. ( g ) [Reserved] ( h ) The following power limits shall apply in the BRS and EBS: ( 1 ) Main, booster and base stations. ( i ) The maximum EIRP of a main, booster or base station shall not exceed 33 dBW + 10log(X/Y) dBW, where X is the actual channel width in MHz and Y is either 6 MHz if prior to transition or the station is in the MBS following transition or 5.5 MHz if the station is in the LBS and UBS following transition, except as provided in paragraph (h)(1)(ii) of this section. ( ii ) If a main or booster station sectorizes or otherwise uses one or more transmitting antennas with a non-omnidirectional horizontal plane radiation pattern, the maximum EIRP in dBW in a given direction shall be determined by the following formula: EIRP = 33 dBW + 10 log(X/Y) dBW + 10 log(360/beamwidth) dBW, where X is the actual channel width in MHz, Y is either (i) 6 MHz if prior to transition or the station is in the MBS following transition or (ii) 5.5 MHz if the station is in the LBS and UBS following transition, and beamwidth is the total horizontal plane beamwidth of the individual transmitting antenna for the station or any sector measured at the half-power points. ( 2 ) Mobile and other user stations. Mobile stations are limited to 2.0 watts EIRP. All user stations are limited to 2.0 watts transmitter output power. ( 3 ) For television transmission, the peak power of the accompanying aural signal must not exceed 10 percent of the peak visual power of the transmitter. The Commission may order a reduction in aural signal power to diminish the potential for harmful interference. ( 4 ) For main, booster and response stations utilizing digital emissions with non-uniform power spectral density ( e.g. unfiltered QPSK), the power measured within any 100 kHz resolution bandwidth within the 6 MHz channel occupied by the non-uniform emission cannot exceed the power permitted within any 100 kHz resolution bandwidth within the 6 MHz channel if it were occupied by an emission with uniform power spectral density, i.e. , if the maximum permissible power of a station utilizing a perfectly uniform power spectral density across a 6 MHz channel were 2000 watts EIRP, this would result in a maximum permissible power flux density for the station of 2000/60 = 33.3 watts EIRP per 100 kHz bandwidth. If a non-uniform emission were substituted at the station, station power would still be limited to a maximum of 33.3 watts EIRP within any 100 kHz segment of the 6 MHz channel, irrespective of the fact that this would result in a total 6 MHz channel power of less than 2000 watts EIRP. ( i ) Peak transmit power shall be measured over any interval of continuous transmission using instrumentation calibrated in terms of rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, etc., so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. ( j ) The following power requirements apply to stations transmitting in the 3700-3980 MHz band: ( 1 ) The power of each fixed or base station transmitting in the 3700-3980 MHz band and located in any county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, is limited to an equivalent isotropically radiated power (EIRP) of 3280 Watts/MHz. This limit applies to the aggregate power of all antenna elements in any given sector of a base station. ( 2 ) The power of each fixed or base station transmitting in the 3700-3980 MHz band and situated in any geographic location other than that described in paragraph (j)(1) of this section is limited to an EIRP of 1640 Watts/MHz. This limit applies to the aggregate power of all antenna elements in any given sector of a base station. ( 3 ) Mobile and portable stations are limited to 1 Watt EIRP. Mobile and portable stations operating in these bands must employ a means for limiting power to the minimum necessary for successful communications. ( 4 ) Equipment employed must be authorized in accordance with the provisions of § 27.51 . Power measurements for transmissions by stations authorized under this section may be made either in accordance with a Commission-approved average power technique or in compliance with paragraph (j)(5) of this section. In measuring transmissions in this band using an average power technique, the peak-to-average ratio (PAR) of the transmission may not exceed 13 dB. ( 5 ) Peak transmit power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, and any other relevant factors, so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. ( k ) The following power requirements apply to stations transmitting in the 3450-3550 MHz band: ( 1 ) The power of each fixed or base station transmitting in the 3450-3550 MHz band and located in any county with population density of 100 or fewer persons per square mile, based upon the most recently available population statistics from the Bureau of the Census, is limited to an equivalent isotropically radiated power (EIRP) of 3280 Watts/MHz. This limit applies to the aggregate power of all antenna elements in any given sector of a base station. ( 2 ) The power of each fixed or base station transmitting in the 3450-3550 MHz band and situated in any geographic location other than that described in paragraph (k)(1) of this section is limited to an EIRP of 1640 Watts/MHz. This limit applies to the aggregate power of all antenna elements in any given sector of a base station. ( 3 ) Mobile devices are limited to 1Watt (30 dBm) EIRP. Mobile devices operating in these bands must employ a means for limiting power to the minimum necessary for successful communications. ( 4 ) Equipment employed must be authorized in accordance with the provisions of § 27.51 . Power measurements for transmissions by stations authorized under this section may be made either in accordance with a Commission-approved average power technique or in compliance with paragraph (k)(5) of this section. In measuring transmissions in this band using an average power technique, the peak-to-average ratio (PAR) of the transmission may not exceed 13 dB. ( 5 ) Peak transmit power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, and any other relevant factors, so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. Table 1 to § 27.50 —Permissible Power and Antenna Heights for Base and Fixed Stations in the 757-758 and 775-776 MHz Bands and for Base and Fixed Stations in the 600 MHz, 698-757 MHz, 758-763 MHz, 776-787 MHz and 788-793 MHz Bands Transmitting a Signal With an Emission Bandwidth of 1 MHz or Less Antenna height (AAT) in meters (feet) Effective radiated power (ERP) (watts) Above 1372 (4500) 65 Above 1220 (4000) To 1372 (4500) 70 Above 1067 (3500) To 1220 (4000) 75 Above 915 (3000) To 1067 (3500) 100 Above 763 (2500) To 915 (3000) 140 Above 610 (2000) To 763 (2500) 200 Above 458 (1500) To 610 (2000) 350 Above 305 (1000) To 458 (1500) 600 Up to 305 (1000) 1000 Table 2 to § 27.50 —Permissible Power and Antenna Heights for Base and Fixed Stations in the 600 MHz, 698-757 MHz, 758-763 MHz, 776-787 MHz and 788-793 MHz Bands Transmitting a Signal With an Emission Bandwidth of 1 MHz or Less Antenna height (AAT) in meters (feet) Effective radiated power (ERP) (watts) Above 1372 (4500) 130 Above 1220 (4000) To 1372 (4500) 140 Above 1067 (3500) To 1220 (4000) 150 Above 915 (3000) To 1067 (3500) 200 Above 763 (2500) To 915 (3000) 280 Above 610 (2000) To 763 (2500) 400 Above 458 (1500) To 610 (2000) 700 Above 305 (1000) To 458 (1500) 1200 Up to 305 (1000) 2000 Table 3 to § 27.50 —Permissible Power and Antenna Heights for Base and Fixed Stations in the 600 MHz, 698-757 MHz, 758-763 MHz, 776-787 MHz and 788-793 MHz Bands Transmitting a Signal With an Emission Bandwidth Greater than 1 MHz Antenna height (AAT) in meters (feet) Effective radiated power (ERP) per MHz (watts/MHz) Above 1372 (4500) 65 Above 1220 (4000) To 1372 (4500) 70 Above 1067 (3500) To 1220 (4000) 75 Above 915 (3000) To 1067 (3500) 100 Above 763 (2500) To 915 (3000) 140 Above 610 (2000) To 763 (2500) 200 Above 458 (1500) To 610 (2000) 350 Above 305 (1000) To 458 (1500) 600 Up to 305 (1000) 1000 Table 4 to § 27.50 —Permissible Power and Antenna Heights for Base and Fixed Stations in the 600 MHz, 698-757 MHz, 758-763 MHz, 776-787 MHz and 788-793 MHz Bands Transmitting a Signal With an Emission Bandwidth Greater than 1 MHz Antenna height (AAT) in meters (feet) Effective radiated power (ERP) per MHz (watts/MHz) Above 1372 (4500) 130 Above 1220 (4000) To 1372 (4500) 140 Above 1067 (3500) To 1220 (4000) 150 Above 915 (3000) To 1067 (3500) 200 Above 763 (2500) To 915 (3000) 280 Above 610 (2000) To 763 (2500) 400 Above 458 (1500) To 610 (2000) 700 Above 305 (1000) To 458 (1500) 1200 Up to 305 (1000) 2000 [ 62 FR 16497 , Apr. 7, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 27.50 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 27.51 Equipment authorization. ( a ) Each transmitter utilized for operation under this part must be of a type that has been authorized by the Commission under its certification procedure. ( b ) Any manufacturer of radio transmitting equipment to be used in these services may request equipment authorization following the procedures set forth in subpart J of part 2 of this chapter . Equipment authorization for an individual transmitter may be requested by an applicant for a station authorization by following the procedures set forth in part 2 of this chapter . [ 65 FR 3147 , Jan. 20, 2000] § 27.52 RF exposure. Licensees and manufacturers shall ensure compliance with the Commission's radio frequency exposure requirements in §§ 1.1307(b) , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. [ 85 FR 18151 , Apr. 1, 2020] § 27.53 Emission limits. ( a ) For operations in the 2305-2320 MHz band and the 2345-2360 MHz band, the power of any emission outside a licensee's frequency band(s) of operation shall be attenuated below the transmitter power P (with averaging performed only during periods of transmission) within the licensed band(s) of operation, in watts, by the following amounts: ( 1 ) For base and fixed stations' operations in the 2305-2320 MHz band and the 2345-2360 MHz band: ( i ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2305 and 2320 MHz and on all frequencies between 2345 and 2360 MHz that are outside the licensed band(s) of operation, and not less than 75 + 10 log (P) dB on all frequencies between 2320 and 2345 MHz; ( ii ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2300 and 2305 MHz, 70 + 10 log (P) dB on all frequencies between 2287.5 and 2300 MHz, 72 + 10 log (P) dB on all frequencies between 2285 and 2287.5 MHz, and 75 + 10 log (P) dB below 2285 MHz; ( iii ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2360 and 2362.5 MHz, 55 + 10 log (P) dB on all frequencies between 2362.5 and 2365 MHz, 70 + 10 log (P) dB on all frequencies between 2365 and 2367.5 MHz, 72 + 10 log (P) dB on all frequencies between 2367.5 and 2370 MHz, and 75 + 10 log (P) dB above 2370 MHz. ( 2 ) For fixed customer premises equipment (CPE) stations operating in the 2305-2320 MHz band and the 2345-2360 MHz band transmitting with more than 2 watts per 5 megahertz average EIRP: ( i ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2305 and 2320 MHz and on all frequencies between 2345 and 2360 MHz that are outside the licensed band(s) of operation, and not less than 75 + 10 log (P) dB on all frequencies between 2320 and 2345 MHz; ( ii ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2300 and 2305 MHz, 70 + 10 log (P) dB on all frequencies between 2287.5 and 2300 MHz, 72 + 10 log (P) dB on all frequencies between 2285 and 2287.5 MHz, and 75 + 10 log (P) dB below 2285 MHz; ( iii ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2360 and 2362.5 MHz, 55 + 10 log (P) dB on all frequencies between 2362.5 and 2365 MHz, 70 + 10 log (P) dB on all frequencies between 2365 and 2367.5 MHz, 72 + 10 log (P) dB on all frequencies between 2367.5 and 2370 MHz, and 75 + 10 log (P) dB above 2370 MHz. ( 3 ) For fixed CPE stations operating in the 2305-2320 MHz and 2345-2360 MHz bands transmitting with 2 watts per 5 megahertz average EIRP or less: ( i ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2305 and 2320 MHz and on all frequencies between 2345 and 2360 MHz that are outside the licensed band(s) of operation, not less than 55 + 10 log (P) dB on all frequencies between 2320 and 2324 MHz and between 2341 and 2345 MHz, not less than 61 + 10 log (P) dB on all frequencies between 2324 and 2328 MHz and between 2337 and 2341 MHz, and not less than 67 + 10 log (P) dB on all frequencies between 2328 and 2337 MHz; ( ii ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2300 and 2305 MHz, 55 + 10 log (P) dB on all frequencies between 2296 and 2300 MHz, 61 + 10 log (P) dB on all frequencies between 2292 and 2296 MHz, 67 + 10 log (P) dB on all frequencies between 2288 and 2292 MHz, and 70 + 10 log (P) dB below 2288 MHz; ( iii ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2360 and 2365 MHz, and not less than 70 + 10 log (P) dB above 2365 MHz. ( 4 ) For mobile and portable stations operating in the 2305-2315 MHz and 2350-2360 MHz bands: ( i ) By a factor of not less than: 43 + 10 log (P) dB on all frequencies between 2305 and 2320 MHz and on all frequencies between 2345 and 2360 MHz that are outside the licensed band(s) of operation, not less than 55 + 10 log (P) dB on all frequencies between 2320 and 2324 MHz and on all frequencies between 2341 and 2345 MHz, not less than 61 + 10 log (P) dB on all frequencies between 2324 and 2328 MHz and on all frequencies between 2337 and 2341 MHz, and not less than 67 + 10 log (P) dB on all frequencies between 2328 and 2337 MHz; ( ii ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2300 and 2305 MHz, 55 + 10 log (P) dB on all frequencies between 2296 and 2300 MHz, 61 + 10 log (P) dB on all frequencies between 2292 and 2296 MHz, 67 + 10 log (P) dB on all frequencies between 2288 and 2292 MHz, and 70 + 10 log (P) dB below 2288 MHz; ( iii ) By a factor of not less than 43 + 10 log (P) dB on all frequencies between 2360 and 2365 MHz, and not less than 70 + 10 log (P) dB above 2365 MHz. ( 5 ) Measurement procedure. Compliance with these rules is based on the use of measurement instrumentation employing a resolution bandwidth of 1 MHz or greater. However, in the 1 MHz bands immediately outside and adjacent to the channel blocks at 2305, 2310, 2315, 2320, 2345, 2350, 2355, and 2360 MHz, a resolution bandwidth of at least 1 percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy provided the measured power is integrated over the full required measurement bandwidth ( i.e., 1 MHz). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( 6 ) [Reserved] ( 7 ) The measurements of emission power can be expressed in peak or average values, provided they are expressed in the same parameters as the transmitter power; ( 8 ) Waiver requests of any of the out-of-band emission limits in paragraphs (a)(1) through (a)(7) of this section shall be entertained only if interference protection equivalent to that afforded by the limits is shown; ( 9 ) [Reserved] ( 10 ) The out-of-band emissions limits in paragraphs (a)(1) through (a)(3) of this section may be modified by the private contractual agreement of all affected licensees, who must maintain a copy of the agreement in their station files and disclose it to prospective assignees, transferees, or spectrum lessees and, upon request, to the Commission. ( b ) For WCS Satellite DARS operations: The limits set forth in § 25.202(f) of this chapter shall apply, except that Satellite DARS operations shall be limited to a maximum power flux density of −197 dBW/m 2 /4 kHz in the 2370-2390 MHz band at Arecibo, Puerto Rico. ( c ) For operations in the 746-758 MHz band and the 776-788 MHz band, the power of any emission outside the licensee's frequency band(s) of operation shall be attenuated below the transmitter power (P) within the licensed band(s) of operation, measured in watts, in accordance with the following: ( 1 ) On any frequency outside the 746-758 MHz band, the power of any emission shall be attenuated outside the band below the transmitter power (P) by at least 43 + 10 log (P) dB; ( 2 ) On any frequency outside the 776-788 MHz band, the power of any emission shall be attenuated outside the band below the transmitter power (P) by at least 43 + 10 log (P) dB; ( 3 ) On all frequencies between 763-775 MHz and 793-805 MHz, by a factor not less than 76 + 10 log (P) dB in a 6.25 kHz band segment, for base and fixed stations; ( 4 ) On all frequencies between 763-775 MHz and 793-805 MHz, by a factor not less than 65 + 10 log (P) dB in a 6.25 kHz band segment, for mobile and portable stations; ( 5 ) Compliance with the provisions of paragraphs (c)(1) and (c)(2) of this section is based on the use of measurement instrumentation employing a resolution bandwidth of 100 kHz or greater. However, in the 100 kHz bands immediately outside and adjacent to the frequency block, a resolution bandwidth of at least 30 kHz may be employed; ( 6 ) Compliance with the provisions of paragraphs (c)(3) and (c)(4) of this section is based on the use of measurement instrumentation such that the reading taken with any resolution bandwidth setting should be adjusted to indicate spectral energy in a 6.25 kHz segment. ( d ) [Reserved] ( e ) For operations in the 775-776 MHz and 805-806 MHz bands, transmitters must comply with either paragraphs (d)(1) through (5) of this section or the ACP emission limitations set forth in paragraphs (d)(6) to (d)(9) of this section. ( 1 ) On all frequencies between 758-775 MHz and 788-805 MHz, the power of any emission outside the licensee's frequency bands of operation shall be attenuated below the transmitter power (P) within the licensed band(s) of operation, measured in watts, by a factor not less than 76 + 10 log (P) dB in a 6.25 kHz band segment, for base and fixed stations; ( 2 ) On all frequencies between 758-775 MHz and 788-805 MHz, the power of any emission outside the licensee's frequency bands of operation shall be attenuated below the transmitter power (P) within the licensed band(s) of operation, measured in watts, by a factor not less than 65 + 10 log (P) dB in a 6.25 kHz band segment, for mobile and portable stations; ( 3 ) On any frequency outside the 775-776 MHz and 805-806 MHz bands, the power of any emission shall be attenuated outside the band below the transmitter power (P) within the licensed band(s) of operation, measured in watts, by at least 43 + 10 log (P) dB; ( 4 ) Compliance with the provisions of paragraphs (e)(1) and (e)(2) of this section is based on the use of measurement instrumentation such that the reading taken with any resolution bandwidth setting should be adjusted to indicate spectral energy in a 6.25 kHz segment; ( 5 ) Compliance with the provisions of paragraph (e)(3) of this section is based on the use of measurement instrumentation employing a resolution bandwidth of 100 kHz or greater. However, in the 100 kHz bands immediately outside and adjacent to the frequency block, a resolution bandwidth of at least 30 kHz may be employed. ( 6 ) The adjacent channel power (ACP) requirements for transmitters designed for various channel sizes are shown in the following tables. Mobile station requirements apply to handheld, car mounted and control station units. The tables specify a value for the ACP as a function of the displacement from the channel center frequency and measurement bandwidth. In the following tables, “(s)” indicates a swept measurement may be used. 6.25 kHz Mobile Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 6.25 6.25 −40 12.5 6.25 −60 18.75 6.25 −60 25.00 6.25 −65 37.50 25.00 −65 62.50 25.00 −65 87.50 25.00 −65 150.00 100.00 −65 250.00 100.00 −65 350.00 100.00 −65 >400 kHz to 12 MHz 30(s) −75 12 MHz to paired receive band 30(s) −75 In the paired receive band 30(s) −100 12.5 kHz Mobile Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 9.375 6.25 −40 15.625 6.25 −60 21.875 6.25 −60 37.50 25.00 −60 62.50 25.00 −65 87.50 25.00 −65 150.00 100 −65 250.00 100 −65 350.00 100 −65 >400 to 12 MHz 30(s) −75 12 MHz to paired receive band 30(s) −75 In the paired receive band 30(s) −100 25 kHz Mobile Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 15.625 6.25 −40 21.875 6.25 −60 37.50 25 −60 62.50 25 −65 87.50 25 −65 150.00 100 −65 250.00 100 −65 350.00 100 −65 >400 kHz to 12 MHz 30(s) −75 12 MHz to paired receive band 30(s) −75 In the paired receive band 30(s) −100 150 kHz Mobile Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP relative (dBc) 100 50 −40 200 50 −50 300 50 −50 400 50 −50 600-1000 30(s) −60 1000 to receive band 30(s) −70 In the receive band 30(s) −100 6.25 kHz Base Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 6.25 6.25 −40 12.50 6.25 −60 18.75 6.25 −60 25.00 6.25 −65 37.50 25 −65 62.50 25 −65 87.50 25 −65 150.00 100 −65 250.00 100 −65 350.00 100 −65 >400 kHz to 12 MHz 30(s) −80 12 MHz to paired receive band 30(s) −80 In the paired receive band 30(s) 1 −85 1 Although we permit individual base transmitters to radiate a maximum ACP of −85 dBc in the paired receive band, licensees deploying these transmitters may not exceed an ACP of −100 dBc in the paired receive band when measured at either the transmitting antenna input port or the output of the transmitter combining network. Consequently, licensees deploying these transmitters may need to use external filters to comply with the more restrictive ACP limit. 12.5 kHz Base Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 9.375 6.25 −40 15.625 6.25 −60 21.875 6.25 −60 37.5 25 −60 62.5 25 −65 87.5 25 −65 150 100 −65 250 100 −65 350.00 100 −65 >400 kHz to 12 MHz 30(s) −80 12 MHz to paired receive band 30(s) −80 In the paired receive band 30(s) 1 −85 1 Although we permit individual base transmitters to radiate a maximum ACP of −85 dBc in the paired receive band, licensees deploying these transmitters may not exceed an ACP of −100 dBc in the paired receive band when measured at either the transmitting antenna input port or the output of the transmitter combining network. Consequently, licensees deploying these transmitters may need to use external filters to comply with the more restrictive ACP limit. 25 kHz Base Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 15.625 6.25 −40 21.875 6.25 −60 37.5 25 −60 62.5 25 −65 87.5 25 −65 150 100 −65 250 100 −65 350 100.00 −65 >400 kHz to 12 MHz 30(s) −80 12 MHz to paired receive band 30(s) −80 In the paired receive band 30(s) 1 −85 1 Although we permit individual base transmitters to radiate a maximum ACP of −85 dBc in the paired receive band, licensees deploying these transmitters may not exceed an ACP of −100 dBc in the paired receive band when measured at either the transmitting antenna input port or the output of the transmitter combining network. Consequently, licensees deploying these transmitters may need to use external filters to comply with the more restrictive ACP limit. 150 kHz Base Transmitter ACP Requirements Offset from center frequency (kHz) Measurement bandwidth (kHz) Maximum ACP (dBc) 100 50 −40 200 50 −50 300 50 −55 400 50 −60 600-1000 30(s) −65 1000 to receive band 30(s) −75 (continues at −6dB/oct In the receive band 30(s) 1 −85 1 Although we permit individual base transmitters to radiate a maximum ACP of −85 dBc in the paired receive band, licensees deploying these transmitters may not exceed an ACP of −100 dBc in the paired receive band when measured at either the transmitting antenna input port or the output of the transmitter combining network. Consequently, licensees deploying these transmitters may need to use external filters to comply with the more restrictive ACP limit. ( 7 ) ACP measurement procedure. The following procedures are to be followed for making ACP transmitter measurements. For time division multiple access (TDMA) systems, the measurements are to be made under TDMA operation only during time slots when the transmitter is on. All measurements must be made at the input to the transmitter's antenna. Measurement bandwidth used below implies an instrument that measures the power in many narrow bandwidths ( e.g., 300 Hz) and integrates these powers across a larger band to determine power in the measurement bandwidth. ( i ) Setting reference level. Using a spectrum analyzer capable of ACP measurements, set the measurement bandwidth to the channel size. For example, for a 6.25 kHz transmitter, set the measurement bandwidth to 6.25 kHz; for a 150 kHz transmitter, set the measurement bandwidth to 150 kHz. Set the frequency offset of the measurement bandwidth to zero and adjust the center frequency of the spectrum analyzer to give the power level in the measurement bandwidth. Record this power level in dBm as the “reference power level”. ( ii ) Non-swept power measurement. Using a spectrum analyzer capable of ACP measurements, set the measurement bandwidth as shown in the tables above. Measure the ACP in dBm. These measurements should be made at maximum power. Calculate the coupled power by subtracting the measurements made in this step from the reference power measured in the previous step. The absolute ACP values must be less than the values given in the table for each condition above. ( iii ) Swept power measurement. Set a spectrum analyzer to 30 kHz resolution bandwidth, 1 MHz video bandwidth and sample mode detection. Sweep ±MHz from the carrier frequency. Set the reference level to the RMS value of the transmitter power and note the absolute power. The response at frequencies greater than 600 kHz must be less than the values in the tables above. ( 8 ) Out-of-band emission limit. On any frequency outside of the frequency ranges covered by the ACP tables in this section, the power of any emission must be reduced below the unmodulated carrier power (P) by at least 43 + 10 log (P) dB. ( 9 ) Authorized bandwidth. Provided that the ACP requirements of this section are met, applicants may request any authorized bandwidth that does not exceed the channel size. ( f ) For operations in the 746-758 MHz, 775-788 MHz, and 805-806 MHz bands, emissions in the band 1559-1610 MHz shall be limited to −70 dBW/MHz equivalent isotropically radiated power (EIRP) for wideband signals, and −80 dBW EIRP for discrete emissions of less than 700 Hz bandwidth. For the purpose of equipment authorization, a transmitter shall be tested with an antenna that is representative of the type that will be used with the equipment in normal operation. ( g ) For operations in the 600 MHz band and the 698-746 MHz band, the power of any emission outside a licensee's frequency band(s) of operation shall be attenuated below the transmitter power (P) within the licensed band(s) of operation, measured in watts, by at least 43 + 10 log (P) dB. Compliance with this provision is based on the use of measurement instrumentation employing a resolution bandwidth of 100 kilohertz or greater. However, in the 100 kilohertz bands immediately outside and adjacent to a licensee's frequency block, a resolution bandwidth of at least 30 kHz may be employed. ( h ) AWS emission limits — ( 1 ) General protection levels. Except as otherwise specified below, for operations in the 1695-1710 MHz, 1710-1755 MHz, 1755-1780 MHz, 1915-1920 MHz, 1995-2000 MHz, 2000-2020 MHz, 2110-2155 MHz, 2155-2180 MHz, and 2180-2200 bands, the power of any emission outside a licensee's frequency block shall be attenuated below the transmitter power (P) in watts by at least 43 + 10 log 10 (P) dB. ( 2 ) Additional protection levels. Notwithstanding the foregoing paragraph (h)(1) of this section: ( i ) Operations in the 2180-2200 MHz band are subject to the out-of-band emission requirements set forth in § 27.1134 for the protection of federal government operations operating in the 2200-2290 MHz band. ( ii ) For operations in the 2000-2020 MHz band, the power of any emissions below 2000 MHz shall be attenuated below the transmitter power (P) in watts by at least 70 + 10 log 10 (P) dB. ( iii ) For operations in the 1915-1920 MHz band, the power of any emission between 1930-1995 MHz shall be attenuated below the transmitter power (P) in watts by at least 70 + 10 log 10 (P) dB. ( iv ) For operations in the 1995-2000 MHz band, the power of any emission between 2005-2020 MHz shall be attenuated below the transmitter power (P) in watts by at least 70 + 10 log 10 (P) dB. ( 3 ) Measurement procedure. ( i ) Compliance with this provision is based on the use of measurement instrumentation employing a resolution bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands immediately outside and adjacent to the licensee's frequency block, a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( ii ) When measuring the emission limits, the nominal carrier frequency shall be adjusted as close to the licensee's frequency block edges, both upper and lower, as the design permits. ( iii ) The measurements of emission power can be expressed in peak or average values, provided they are expressed in the same parameters as the transmitter power. ( 4 ) Private agreements. ( i ) For AWS operations in the 2000-2020 MHz and 2180-2200 MHz bands, to the extent a licensee establishes unified operations across the AWS blocks, that licensee may choose not to observe the emission limit specified in paragraph (h)(1), above, strictly between its adjacent block licenses in a geographic area, so long as it complies with other Commission rules and is not adversely affecting the operations of other parties by virtue of exceeding the emission limit. ( ii ) For AWS operations in the 2000-2020 MHz band, a licensee may enter into private agreements with all licensees operating between 1995 and 2000 MHz to allow the 70 + 10 log 10 (P) dB limit to be exceeded within the 1995-2000 MHz band. ( iii ) An AWS licensee who is a party to a private agreement described in this section (4) must maintain a copy of the agreement in its station files and disclose it, upon request, to prospective AWS assignees, transferees, or spectrum lessees and to the Commission. ( i ) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. ( j ) ( 1 ) For operations in the unpaired 1390-1392 MHz band and the paired 1392-1395 MHz and 1432-1435 MHz bands, the power of any emission outside the licensee's frequency band(s) of operation shall be attenuated below the transmitter power (P) by at least 43 + 10 log (P) dB. Compliance with these provisions is based on the procedures described in paragraph (a)(5) of this section. ( 2 ) In the 1390-1395 MHz and 1432-1435 MHz bands, licensees are encouraged to take all reasonable steps to ensure that unwanted emission power does not exceed the following levels in the band 1400-1427 MHz: ( i ) For stations of point-to-point systems in the fixed service: −45 dBW/27 MHz. ( ii ) For stations in the mobile service: −60 dBW/27 MHz. ( k ) For operations in the 1670-1675 MHz, the power of any emission outside the licensee's frequency band(s) of operation shall be attenuated below the transmitter power (P) by at least 43 + 10 log (P) dB. Compliance with these provisions is based on the procedures described in paragraph (a)(5) of this section. ( l ) 3.7 GHz Service. The following emission limits apply to stations transmitting in the 3700-3980 MHz band: ( 1 ) For base station operations in the 3700-3980 MHz band, the conducted power of any emission outside the licensee's authorized bandwidth shall not exceed −13 dBm/MHz. Compliance with this paragraph (l)(1) is based on the use of measurement instrumentation employing a resolution bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands immediately outside and adjacent to the licensee's frequency block, a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( 2 ) For mobile operations in the 3700-3980 MHz band, the conducted power of any emission outside the licensee's authorized bandwidth shall not exceed −13 dBm/MHz. Compliance with this paragraph (l)(2) is based on the use of measurement instrumentation employing a resolution bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands immediately outside and adjacent to the licensee's frequency block, the minimum resolution bandwidth for the measurement shall be either one percent of the emission bandwidth of the fundamental emission of the transmitter or 350 kHz. In the bands between 1 and 5 MHz removed from the licensee's frequency block, the minimum resolution bandwidth for the measurement shall be 500 kHz. The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( m ) For BRS and EBS stations, the power of any emissions outside the licensee's frequency bands of operation shall be attenuated below the transmitter power (P) measured in watts in accordance with the standards below. If a licensee has multiple contiguous channels, out-of-band emissions shall be measured from the upper and lower edges of the contiguous channels. ( 1 ) Prior to the transition, and thereafter, solely within the MBS, for analog operations with an EIRP in excess of −9 dBW, the signal shall be attenuated at the channel edges by at least 38 dB relative to the peak visual carrier, then linearly sloping from that level to at least 60 dB of attenuation at 1 MHz below the lower band edge and 0.5 MHz above the upper band edge, and attenuated at least 60 dB at all other frequencies. ( 2 ) For digital base stations, the attenuation shall be not less than 43 + 10 log (P) dB, unless a documented interference complaint is received from an adjacent channel licensee with an overlapping Geographic Service Area. Mobile Satellite Service licensees operating on frequencies below 2495 MHz may also submit a documented interference complaint against BRS licensees operating on channel BRS No. 1 on the same terms and conditions as adjacent channel BRS or EBS licensees. Provided that a documented interference complaint cannot be mutually resolved between the parties prior to the applicable deadline, then the following additional attenuation requirements shall apply: ( i ) If a pre-existing base station suffers harmful interference from emissions caused by a new or modified base station located 1.5 km or more away, within 24 hours of the receipt of a documented interference complaint the licensee of the new or modified base station must attenuate its emissions by at least 67 + 10 log (P) dB measured at 3 megahertz, above or below, from the channel edge of its frequency block and shall immediately notify the complaining licensee upon implementation of the additional attenuation. No later than 60 days after the implementation of such additional attenuation, the licensee of the complaining base station must attenuate its base station emissions by at least 67 + 10 log (P) dB measured at 3 megahertz, above or below, from the channel edge of its frequency block of the new or modified base station. ( ii ) If a pre-existing base station suffers harmful interference from emissions caused by a new or modified base station located less than 1.5 km away, within 24 hours of receipt of a documented interference complaint the licensee of the new or modified base station must attenuate its emissions by at least 67 + 10 log (P)−20 log (Dkm/1.5) dB measured at 3 megahertz, above or below, from the channel edge of its frequency block of the complaining licensee, or if both base stations are co-located, limit its undesired signal level at the pre-existing base station receiver(s) to no more than −107 dBm measured in a 5.5 megahertz bandwidth and shall immediately notify the complaining licensee upon such reduction in the undesired signal level. No later than 60 days after such reduction in the undesired signal level, the complaining licensee must attenuate its base station emissions by at least 67 + 10 log (P) dB measured at 3 megahertz, above or below, from the channel edge of its frequency block of the new or modified base station. ( iii ) If a new or modified base station suffers harmful interference from emissions caused by a pre-existing base station located 1.5 km or more away, within 60 days of receipt of a documented interference complaint the licensee of each base station must attenuate its base station emissions by at least 67 + 10 log (P) dB measured at 3 megahertz, above or below, from the channel edge of its frequency block of the other licensee. ( iv ) If a new or modified base station suffers harmful interference from emissions caused by a pre-existing base station located less than 1.5 km away, within 60 days of receipt of a documented interference complaint: (a) The licensee of the new or modified base station must attenuate its OOBE by at least 67 + 10 log (P)−20 log (Dkm/1.5) measured 3 megahertz above or below, from the channel edge of its frequency block of the other licensee, or if the base stations are co-located, limit its undesired signal level at the other base station receiver(s) to no more than −107 dBm measured in a 5.5-megahertz bandwidth; and (b) the licensee causing the interference must attenuate its emissions by at least 67 + 10 log (P) dB measured at 3 megahertz, above or below, from the channel edge of its frequency block of the new or modified base station. ( v ) For all fixed digital user stations, the attenuation factor shall be not less than 43 + 10 log (P) dB at the channel edge. ( 3 ) Prior to transition and thereafter solely within the MBS, and notwithstanding paragraph (l)(2) of this section, the maximum out-of-band power of a digital transmitter operating on a single 6 MHz channel with an EIRP in excess of −9 dBW employing digital modulation for the primary purpose of transmitting video programming shall be attenuated at the 6 MHz channel edges at least 25 dB relative to the licensed average 6 MHz channel power level, then attenuated along a linear slope to at least 40 dB at 250 kHz beyond the nearest channel edge, then attenuated along a linear slope from that level to at least 60 dB at 3 MHz above the upper and below the lower licensed channel edges, and attenuated at least 60 dB at all other frequencies. ( 4 ) For mobile digital stations, the attenuation factor shall be not less than 40 + 10 log (P) dB on all frequencies between the channel edge and 5 megahertz from the channel edge, 43 + 10 log (P) dB on all frequencies between 5 megahertz and X megahertz from the channel edge, and 55 + 10 log (P) dB on all frequencies more than X megahertz from the channel edge, where X is the greater of 6 megahertz or the actual emission bandwidth as defined in paragraph (m)(6) of this section. In addition, the attenuation factor shall not be less that 43 + 10 log (P) dB on all frequencies between 2490.5 MHz and 2496 MHz and 55 + 10 log (P) dB at or below 2490.5 MHz. Mobile Satellite Service licensees operating on frequencies below 2495 MHz may also submit a documented interference complaint against BRS licensees operating on channel BRS Channel 1 on the same terms and conditions as adjacent channel BRS or EBS licensees. ( 5 ) Notwithstanding the provisions of paragraphs (l)(2) and (l)(4) of this section, prior to transition, a licensee may continue to operate facilities deployed as of January 10, 2005 provided that such facilities operate in compliance with the emission mask applicable to those services prior to January 10, 2005. ( 6 ) Measurement procedure. Compliance with these rules is based on the use of measurement instrumentation employing a resolution bandwidth of 1 megahertz or greater. However, in the 1 MHz bands immediately outside and adjacent to the frequency block a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed; for mobile digital stations, in the 1 megahertz bands immediately outside and adjacent to the frequency block a resolution bandwidth of at least two percent may be employed, except when the 1 megahertz band is 2495-2496 MHz, in which case a resolution bandwidth of at least one percent may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy provided the measured power is integrated over the full required measurement bandwidth (i.e. 1 megahertz or 1 percent of emission bandwidth, as specified; or 1 megahertz or 2 percent for mobile digital stations, except in the band 2495-2496 MHz). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. With respect to television operations, measurements must be made of the separate visual and aural operating powers at sufficiently frequent intervals to ensure compliance with the rules. ( 7 ) Alternative out of band emission limit. Licensees in this service may establish an alternative out of band emission limit to be used at specified band edge(s) in specified geographical areas, in lieu of that set forth in this section, pursuant to a private contractual arrangement of all affected licensees and applicants. In this event, each party to such contract shall maintain a copy of the contract in their station files and disclose it to prospective assignees or transferees and, upon request, to the FCC. ( n ) 3.45 GHz Service. The following emission limits apply to stations transmitting in the 3450-3550 MHz band: ( 1 ) For base station operations in the 3450-3550 MHz band, the conducted power of any emission outside the licensee's authorized bandwidth shall not exceed −13 dBm/MHz. Compliance with the provisions of this paragraph (n)(1) is based on the use of measurement instrumentation employing a resolution bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands immediately outside and adjacent to the licensee's frequency block, a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed, but limited to a maximum of 200 kHz. The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. Notwithstanding the channel edge requirement of −13 dBm per megahertz, for base station operations in the 3450-3550 MHz band, the conducted power of any emission below 3440 MHz or above 3560 MHz shall not exceed −25 dBm/MHz, and the conducted power of emissions below 3430 MHz or above 3570 MHz shall not exceed −40 dBm/MHz. ( 2 ) For mobile operations in the 3450-3550 MHz band, the conducted power of any emission outside the licensee's authorized bandwidth shall not exceed −13 dBm/MHz. Compliance with this paragraph (n)(2) is based on the use of measurement instrumentation employing a resolution bandwidth of 1 megahertz or greater. However, in the 1 megahertz bands immediately outside and adjacent to the licensee's frequency block, a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed, but limited to a maximum of 200 kHz. In the bands between 1 and 5 MHz removed from the licensee's frequency block, the minimum resolution bandwidth for the measurement shall be 500 kHz. The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( o ) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. [ 62 FR 16497 , Apr. 7, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 27.53 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 27.54 Frequency stability. The frequency stability shall be sufficient to ensure that the fundamental emissions stay within the authorized bands of operation. § 27.55 Power strength limits. ( a ) Field strength limits. For the following bands, the predicted or measured median field strength at any location on the geographical border of a licensee's service area shall not exceed the value specified unless the adjacent affected service area licensee(s) agree(s) to a different field strength. This value applies to both the initially offered service areas and to partitioned service areas. ( 1 ) 1995-2000 MHz, 2110-2155, 2155-2180, 2180-2200, 2305-2320, and 2345-2360 MHz bands: 47 dBµV/m. ( 2 ) 600 MHz, 698-758, and 775-787 MHz bands: 40 dBµV/m. ( 3 ) The paired 1392-1395 MHz and 1432-1435 MHz bands and the unpaired 1390-1392 MHz band (1.4 GHz band): 47 dBµV/m. ( 4 ) BRS and EBS: The predicted or measured median field strength at any location on the geographical border of a licensee's service area shall not exceed the value specified unless the adjacent affected service area licensee(s) agree(s) to a different field strength. This value applies to both the initially offered services areas and to partitioned services areas. Licensees may exceed this signal level where there is no affected licensee that is constructed and providing service. Once the affected licensee is providing service, the original licensee will be required to take whatever steps necessary to comply with the applicable power level at its GSA boundary, absent consent from the affected licensee. ( i ) Prior to transition, the signal strength at any point along the licensee's GSA boundary does not exceed the greater of that permitted under the licensee's Commission authorizations as of January 10, 2005 or 47 dBµV/m. ( ii ) Following transition, for stations in the LBS and UBS, the signal strength at any point along the licensee's GSA boundary must not exceed 47 dBµV/m. This field strength is to be measured at 1.5 meters above the ground over the channel bandwidth ( i.e. , each 5.5 MHz channel for licensees that hold a full channel block, and for the 5.5 MHz channel for licensees that hold individual channels). ( iii ) Following transition, for stations in the MBS, the signal strength at any point along the licensee's GSA boundary must not exceed the greater of −73.0 + 10 log(X/6) dBW/m 2 , where X is the bandwidth in megahertz of the channel, or for facilities that are substantially similar to the licensee's pre-transition facilities (including modifications that do not alter the fundamental nature or use of the transmissions), the signal strength at such point that resulted from the station's operations immediately prior to the transition, provided that such operations complied with paragraph (a)(4)(i) of this section. ( b ) Power flux density limit for stations operating in the 698-746 MHz bands. For base and fixed stations operating in the 698-746 MHz band in accordance with the provisions of § 27.50(c)(6) , the power flux density that would be produced by such stations through a combination of antenna height and vertical gain pattern must not exceed 3000 microwatts per square meter on the ground over the area extending to 1 km from the base of the antenna mounting structure. ( c ) Power flux density limit for stations operating in the 746-757 MHz and 776-787 MHz bands. For base and fixed stations operating in the 746-757 MHz and 776-787 MHz bands in accordance with the provisions of § 27.50(b)(6) , the power flux density that would be produced by such stations through a combination of antenna height and vertical gain pattern must not exceed 3000 microwatts per square meter on the ground over the area extending to 1 km from the base of the antenna mounting structure. ( d ) Power flux density for stations operating in the 3700-3980 MHz band. For base and fixed stations operation in the 3700-3980 MHz band in accordance with the provisions of § 27.50(j) , the power flux density (PFD) at any location on the geographical border of a licensee's service area shall not exceed −76 dBm/m 2 /MHz. This power flux density will be measured at 1.5 meters above ground. Licensees in adjacent geographic areas may voluntarily agree to operate under a higher PFD at their common boundary. ( e ) Power flux density for stations operating in the 3450-3550 MHz band. For base and fixed stations operation in the 3450-3550 MHz band in accordance with the provisions of § 27.50(k) , the power flux density (PFD) at any location on the geographical border of a licensee's service area shall not exceed −76 dBm/m 2 /MHz. This power flux density will be measured at 1.5 meters above ground. Licensees in adjacent geographic areas may voluntarily agree to operate under a higher PFD at their common boundary. [ 69 FR 5715 , Feb. 6, 2004, as amended at 69 FR 72034 , Dec. 10, 2004; 72 FR 27712 , May 16, 2007; 72 FR 48852 , Aug. 24, 2007; 73 FR 26040 , May 8, 2008; 78 FR 8270 , Feb. 5, 2013; 78 FR 50256 , Aug. 16, 2013; 79 FR 599 , Jan. 6, 2014; 79 FR 32413 , June 4, 2014; 79 FR 48539 , Aug. 15, 2014; 85 FR 22882 , Apr. 23, 2020; 86 FR 17954 , Apr. 7, 2021] § 27.56 Antenna structures; air navigation safety. A licensee that owns its antenna structure(s) must not allow such antenna structure(s) to become a hazard to air navigation. In general, antenna structure owners are responsible for registering antenna structures with the FCC if required by part 17 of this chapter , and for installing and maintaining any required marking and lighting. However, in the event of default of this responsibility by an antenna structure owner, the FCC permittee or licensee authorized to use an affected antenna structure will be held responsible by the FCC for ensuring that the antenna structure continues to meet the requirements of part 17 of this chapter . See § 17.6 of this chapter . ( a ) Marking and lighting. Antenna structures must be marked, lighted and maintained in accordance with part 17 of this chapter and all applicable rules and requirements of the Federal Aviation Administration. For any construction or alteration that would exceed the requirements of section 17.7 of this chapter , licensees must notify the appropriate Regional Office of the Federal Aviation Administration (FAA Form 7460-1) and file a request for antenna height clearance and obstruction marking and lighting specifications (FCC Form 854) with the FCC, WTB, 1270 Fairfield Road, Gettysburg, PA 17325. ( b ) Maintenance contracts. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) may enter into contracts with other entities to monitor and carry out necessary maintenance of antenna structures. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) that make such contractual arrangements continue to be responsible for the maintenance of antenna structures in regard to air navigation safety. § 27.57 International coordination. ( a ) WCS operations in the border areas shall be subject to coordination with those countries and provide protection to non-U.S. operations in the 2305-2320 and 2345-2360 MHz bands as appropriate. In addition, satellite DARS operations in WCS spectrum shall be subject to international satellite coordination procedures. ( b ) Wireless operations in the 512-608 MHz, 614-763 MHz, 775-793 MHz, and 805-806 MHz bands are subject to current and future international agreements between the United States and Canada and the United States and Mexico. Unless otherwise modified by international treaty, licenses must not cause interference to, and must accept harmful interference from, television broadcast operations in Mexico and Canada, where these services are co-primary in the band. ( c ) Operation in the 1695-1710 MHz, 1710-1755 MHz, 1755-1780 MHz, 1915-1920 MHz, 1995-2000 MHz, 2000-2020 MHz, 2110-2155 MHz, 2155-2180 MHz, 2180-2200 MHz, 3450-3550 MHz, and 3700-3980 MHz bands is subject to international agreements with Mexico and Canada. [ 62 FR 9658 , Mar. 3, 1997, as amended at 67 FR 5511 , Feb. 6, 2002; 69 FR 5715 , Feb. 6, 2004; 72 FR 48852 , Aug. 24, 2007; 79 FR 599 , Jan. 6, 2014; 79 FR 32413 , June 4, 2014; 79 FR 48539 , Aug. 15, 2014; 86 FR 17954 , Apr. 7, 2021] § 27.58 Interference to BRS/EBS receivers. ( a ) WCS licensees shall bear full financial obligation to remedy interference to BRS/EBS block downconverters if all of the following conditions are met: ( 1 ) The complaint is received by the WCS licensee prior to February 20, 2002; ( 2 ) The BRS/EBS downconverter was installed prior to August 20, 1998; ( 3 ) The WCS fixed or land station transmits at 50 or more watts peak EIRP; ( 4 ) The BRS/EBS downconverter is located within a WCS transmitter's free space power flux density contour of −34 dBW/m 2 ; and ( 5 ) The BRS/EBS customer or licensee has informed the WCS licensee of the interference within one year from the initial operation of the WCS transmitter or within one year from any subsequent power increases at the WCS station. ( b ) Resolution of the complaint shall be at no cost to the complainant. ( c ) Two or more WCS licensees collocating their antennas on the same tower shall assume shared responsibility for remedying interference complaints within the area determined by paragraph (a)(4) of this section unless an offending station can be readily determined and then that station shall assume full financial responsibility. ( d ) If the WCS licensee cannot otherwise eliminate interference caused to BRS/EBS reception, then that licensee must cease operations from the offending WCS facility. ( e ) At least 30 days prior to commencing operations from any new WCS transmission site or with increased power from any existing WCS transmission site, a WCS licensee shall notify all BRS/EBS licensees in or through whose licensed service areas they intend to operate of the technical parameters of the WCS transmission facility. WCS and BRS/EBS licensees are expected to coordinate voluntarily and in good faith to avoid interference problems and to allow the greatest operational flexibility in each other's operations. [ 62 FR 16498 , Apr. 7, 1997, as amended at 69 FR 72034 , Dec. 10, 2004] §§ 27.59-27.62 [Reserved] § 27.64 Protection from interference. Wireless Communications Service (WCS) stations operating in full accordance with applicable FCC rules and the terms and conditions of their authorizations are normally considered to be non-interfering. If the FCC determines, however, that interference which significantly interrupts or degrades a radio service is being caused, it may, after notice and an opportunity for a hearing, require modifications to any WCS station as necessary to eliminate such interference. ( a ) Failure to operate as authorized. Any licensee causing interference to the service of other stations by failing to operate its station in full accordance with its authorization and applicable FCC rules shall discontinue all transmissions, except those necessary for the immediate safety of life or property, until it can bring its station into full compliance with the authorization and rules. ( b ) Intermodulation interference. Licensees should attempt to resolve such interference by technical means. ( c ) Situations in which no protection is afforded. Except as provided elsewhere in this part, no protection from interference is afforded in the following situations: ( 1 ) Interference to base receivers from base or fixed transmitters. Licensees should attempt to resolve such interference by technical means or operating arrangements. ( 2 ) Interference to mobile receivers from mobile transmitters. No protection is provided against mobile-to-mobile interference. ( 3 ) Interference to base receivers from mobile transmitters. No protection is provided against mobile-to-base interference. ( 4 ) Interference to fixed stations. Licensees should attempt to resolve such interference by technical means or operating arrangements. ( 5 ) Anomalous or infrequent propagation modes. No protection is provided against interference caused by tropospheric and ionospheric propagation of signals. ( d ) Harmful interference to SDARS operations requiring resolution. The following conditions will be presumed to constitute harmful interference to SDARS operations from WCS operations in the 2305-2320 MHz and 2345-2360 MHz bands and require WCS operators to work cooperatively with SDARS operators to address areas where such power levels are exceeded and harmful interference occurs: ( 1 ) A WCS ground signal level greater than −44 dBm in the upper or lower A or B block, or −55 dBm in the C or D block, present at a location on a roadway, where a test demonstrates that SDARS service would be muted over a road distance of greater than 50 meters; or ( 2 ) A WCS ground signal level exceeding −44 dBm in the upper or lower A or B block, or −55 dBm in the C or D block on a test drive route, which is mutually agreed upon by the WCS licensee and the SDARS licensee, for more than 1 percent of the cumulative surface road distance on that drive route, where a test demonstrates that SDARS service would be muted over a cumulative road distance of greater than 0.5 percent (incremental to any muting present prior to use of WCS frequencies in the area of that drive test). [ 62 FR 9658 , Mar. 3, 1997, as amended at 78 FR 9621 , Feb. 11, 2013] § 27.65 Acceptance of interference in 2000-2020 MHz. ( a ) Receivers operating in the 2000-2020 MHz band must accept interference from lawful operations in the 1995-2000 MHz band, where such interference is due to: ( 1 ) The in-band power of any operations in 1995-2000 MHz (i.e., the portion transmit power contained in the 1995-2000 MHz band); or ( 2 ) The portion of out-of-band emissions contained in 2000-2005 MHz. ( b ) [Reserved] [ 78 FR 8270 , Feb. 5, 2013] § 27.66 Discontinuance, reduction, or impairment of service. ( a ) Involuntary act. If the service provided by a fixed common carrier licensee, or a fixed common carrier operating on spectrum licensed to a Guard Band Manager, is involuntarily discontinued, reduced, or impaired for a period exceeding 48 hours, the licensee must promptly notify the Commission, in writing, as to the reasons for discontinuance, reduction, or impairment of service, including a statement when normal service is to be resumed. When normal service is resumed, the licensee must promptly notify the Commission. ( b ) Voluntary act by common carrier. If a fixed common carrier licensee, or a fixed common carrier operating on spectrum licensed to a Guard Band Manager, voluntarily discontinues, reduces, or impairs service to a community or part of a community, it must obtain prior authorization as provided under § 63.71 of this chapter . An application will be granted within 31 days after filing if no objections have been received. ( c ) Voluntary act by non-common carrier. If a fixed non-common carrier licensee, or a fixed non-common carrier operating on spectrum licensed to a Guard Band Manager, voluntarily discontinues, reduces, or impairs service to a community or part of a community, it must given written notice to the Commission within seven days. ( d ) Notifications and requests. Notifications and requests identified in paragraphs(a) through (c) of this section should be sent to: Federal Communications Commission, Common Carrier Radio Services, 1270 Fairfield Road, Gettysburg, Pennsylvania, 17325. [ 65 FR 3149 , Jan. 20, 2000; 65 FR 12483 , Mar. 9, 2000, as amended at 65 FR 17605 , Apr. 4, 2000; 65 FR 57267 , Sept. 21, 2000] § 27.70 Information exchange. ( a ) Prior notification. Public safety licensees authorized to operate in the 758-775 MHz and 788-805 MHz bands may notify any licensee authorized to operate in the 746-757 or 776-787 MHz bands that they wish to receive prior notification of the activation or modification of the licensee's base or fixed stations in their area. Thereafter, the 746-757 or 776-787 MHz band licensee must provide the following information to the public safety licensee at least 10 business days before a new base or fixed station is activated or an existing base or fixed station is modified: ( 1 ) Location; ( 2 ) Effective radiated power; ( 3 ) Antenna height; and ( 4 ) Channels available for use. ( b ) Purpose of prior notification. The prior coordination of base or fixed stations is for informational purposes only. Public safety licensees are not afforded the right to accept or reject the activation of a proposed base or fixed station or to unilaterally require changes in its operating parameters. The principal purposes of notification are to: ( 1 ) Allow a public safety licensee to advise the 746-757 or 776-787 MHz band licensee whether it believes a proposed base or fixed station will generate unacceptable interference; ( 2 ) Permit 746-757 and 776-787 MHz band licensees to make voluntary changes in base or fixed station parameters when a public safety licensee alerts them to possible interference; and, ( 3 ) Rapidly identify the source if interference is encountered when the base or fixed station is activated. [ 72 FR 27712 , May 16, 2007, as amended at 72 FR 48853 , Aug. 24, 2007; 79 FR 599 , Jan. 6, 2014] § 27.72 Information sharing requirements. This section requires WCS licensees in the 2305-2320 MHz and 2345-2360 MHz bands to share information regarding the location and operation of base and fixed stations (except fixed customer premises equipment) with Satellite Digital Audio Radio Service (SDARS) licensees in the 2320-2345 MHz band. Section 25.263 of this chapter requires SDARS licensees in the 2320-2345 MHz band to share information regarding the location and operation of terrestrial repeaters with WCS licensees in the 2305-2320 MHz and 2345-2360 MHz bands. WCS licensees are encouraged to develop separate coordination agreements with SDARS licensees to facilitate efficient deployment of and coexistence between each service. To the extent the provisions of any such coordination agreement conflict with the requirements set forth herein, the procedures established under a coordination agreement will control. WCS licensees must maintain a copy of any coordination agreement with an SDARS licensee in their station files and disclose it to prospective assignees, transferees, or spectrum lessees and, upon request, to the Commission. ( a ) Sites and frequency selections. WCS licensees must select base and fixed station sites and frequencies, to the extent practicable, to minimize the possibility of harmful interference to operations in the SDARS 2320-2345 MHz band. ( b ) Prior notice periods. WCS licensees that intend to operate a base or fixed station must, before commencing such operation, provide 10 business days prior notice to all SDARS licensees. WCS licensees that intend to modify an existing station must, before commencing such modified operation, provide 5 business days prior notice to all SDARS licensees. For the purposes of this section, a business day is defined by § 1.4(e)(2) of this chapter . ( 1 ) For modifications other than changes in location, a licensee may provide notice within 24 hours after the modified operation if the modification does not result in a predicted increase of the power flux density (PFD) at ground level by more than 1 dB since the last advance notice was given. If a demonstration is made by the SDARS licensee that such modifications may cause harmful interference to SDARS receivers, WCS licensees will be required to provide notice 5 business days in advance of additional station modifications. ( 2 ) WCS base and fixed stations operating below 2 watts equivalent isotropically radiated power (EIRP) are exempt from the notice requirements set forth in this paragraph. ( 3 ) WCS and SDARS licensees may enter into agreements regarding alternative notification procedures. ( c ) Contents of notice. ( 1 ) Notification must be written ( e.g., certified letter, fax, or e-mail) and include the licensee's name, and the name, address, and telephone number of its coordination representative, unless the SDARS licensee and all potentially affected WCS licensees reach a mutual agreement to provide notification by some other means. WCS licensees and SDARS licensees may establish such a mutually agreeable alternative notification mechanism without prior Commission approval, provided that they comply with all other requirements of this section. ( 2 ) Regardless of the notification method, it must specify relevant technical details, including, at a minimum: ( i ) The coordinates of the proposed base or fixed stations to an accuracy of no less than ±1 second latitude and longitude; ( ii ) The proposed operating power(s), frequency band(s), and emission(s); ( iii ) The antenna center height above ground and ground elevation above mean sea level, both to an accuracy of no less than ±1 meter; ( iv ) The antenna gain pattern(s) in the azimuth and elevation planes that include the peak of the main beam; and ( v ) The antenna downtilt angle(s). ( 3 ) A WCS licensee operating base or fixed stations must maintain an accurate and up-to-date inventory of its stations, including the information set forth in § 27.72(c)(2) , which shall be available upon request by the Commission. ( d ) Calculation of notice period. Notice periods are calculated from the date of receipt by the licensee being notified. If notification is by mail, the date of receipt is evidenced by the return receipt on certified mail. If notification is by fax, the date of receipt is evidenced by the notifying party's fax transmission confirmation log. If notification is by e-mail, the date of receipt is evidenced by a return e-mail receipt. If the SDARS licensee and all potentially affected WCS licensees reach a mutual agreement to provide notification by some other means, that agreement must specify the method for determining the beginning of the notice period. ( e ) Duty to cooperate. WCS licensees must cooperate in good faith in the selection and use of new station sites and new frequencies to reduce interference and make the most effective use of the authorized facilities. WCS licensees should provide SDARS licensees as much lead time as practicable to provide ample time to conduct analyses and opportunity for prudent base station site selection prior to WCS licensees entering into real estate and tower leasing or purchasing agreements. WCS licensees must have sufficient operational flexibility in their network design to implement one or more technical solutions to remedy harmful interference. Licensees of stations suffering or causing harmful interference, as defined in § 27.64(d) , must cooperate in good faith and resolve such problems by mutually satisfactory arrangements. If the licensees are unable to do so, the Wireless Telecommunications Bureau, in consultation with the Office of Engineering and Technology and the Space Bureau, will consider the actions taken by the parties to mitigate the risk of and remedy any alleged interference. In determining the appropriate action, the Bureau will take into account the nature and extent of the interference and act promptly to remedy the interference. The Bureau may impose restrictions on WCS licensees, including specifying the transmitter power, antenna height, or other technical or operational measures to remedy the interference, and will take into account previous measures by the licensees to mitigate the risk of interference. [ 75 FR 45071 , Aug. 2, 2010, as amended at 78 FR 9622 , Feb. 11, 2013; 88 FR 21442 , Apr. 10, 2023] § 27.73 WCS, AMT, and Goldstone coordination requirements. This section requires Wireless Communications Services (WCS) licensees in the 2305-2320 MHz and 2345-2360 MHz bands, respectively, to coordinate the deployment of base and fixed stations (except fixed customer premises equipment) with the Goldstone, CA Deep Space Network (DSN) facility in the 2290-2300 MHz band and with Aeronautical Mobile Telemetry (AMT) facilities in the 2360-2395 MHz band; and to take all practicable steps necessary to minimize the risk of harmful interference to AMT and DSN facilities. ( a ) WCS licensees operating base and fixed stations in the 2345-2360 MHz band must, prior to operation of such stations, achieve a mutually satisfactory coordination agreement with the AMT entity(ies) ( i.e., FCC licensee(s) and/or Federal operator(s)) for any AMT receiver facility within 45 kilometers or radio line of sight, whichever distance is larger, of the intended WCS base or fixed station location. The coordinator for the assignment of flight test frequencies in the 2360-2390 MHz band, Aerospace and Flight Test Radio Coordination Council (AFTRCC) or successors of AFTRCC, will facilitate a mutually satisfactory coordination agreement between the WCS licensee(s) and AMT entity(ies) for existing AMT receiver sites. The locations of current Federal and non-Federal AMT receiver sites may be obtained from AFTRCC at Post Office Box 12822 Wichita, KS 67277-2822, (316) 946-8826, or successor frequency coordinators of AFTRCC. Such coordination agreement shall provide protection to existing AMT receiver stations consistent with International Telecommunication Union (ITU) Recommendation ITU-R M.1459, “Protection criteria for telemetry systems in the aeronautical mobile service and mitigation techniques to facilitate sharing with geostationary broadcasting-satellite and mobile-satellite services in the frequency bands 1 452-1 525 MHz and 2 310-2 360 MHz May 2000 edition,” adopted May 2000, as adjusted using generally accepted engineering practices and standards to take into account the local conditions and operating characteristics of the applicable AMT and WCS facilities. ITU-R M.1459 is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . This incorporation by reference (IBR) material is available for inspection at the FCC and at the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from ITU, Place des Nations, 1211 Geneva 20, Switzerland; website: www.itu.int/en/publications/Pages/default.aspx . ( b ) WCS licensees operating base and fixed stations in the 2305-2320 MHz band must, prior to operation of such stations, achieve a mutually satisfactory coordination agreement with the National Aeronautics and Space Administration (NASA) within 145 kilometers of the Goldstone, CA earth station site (35°25′33″ N, 116°53′23″ W). ( c ) After base or fixed station operations commence, upon receipt of a complaint of harmful interference, the WCS licensee(s) receiving the complaint, no matter the distance from the NASA Goldstone, CA earth station or from an AMT site, operating in the 2305-2320 or 2345-2360 MHz bands, respectively, shall take all practicable steps to immediately eliminate the interference. ( d ) Duty to cooperate. WCS licensees, AFTRCC, and NASA must cooperate in good faith in the coordination and deployment of new facilities. WCS licensees must also cooperate in good faith in the selection and use of new station sites and new frequencies when within radio line of site of AMT receiver facilities to reduce the risk of harmful interference and make the most effective use of the authorized facilities. Licensees of stations suffering or causing harmful interference must cooperate in good faith and resolve such problems by mutually satisfactory arrangements. If the licensees are unable to do so, the Wireless Telecommunications Bureau, in consultation with the Office of Engineering and Technology and the National Telecommunications and Information Administration may impose restrictions including specifying the transmitter power, antenna height, or area or hours of operation of the stations. [ 75 FR 45072 , Aug. 2, 2010, as amended at 78 FR 9622 , Feb. 11, 2013; 85 FR 64407 , Oct. 13, 2020; 88 FR 21442 , Apr. 10, 2023] § 27.75 Basic interoperability requirement. ( a ) ( 1 ) Mobile and portable stations that operate on any portion of frequencies in the paired 1755-1780 MHz and 2155-2180 MHz band must be capable of operating on all frequencies in the paired 1710-1780 MHz and 2110-2180 MHz band, using the same air interfaces that the equipment utilizes on any frequencies in the paired 1710-1780 MHz and 2110-2180 MHz band. ( 2 ) Mobile and portable stations that operate on any portion of frequencies in the 600 MHz band must be capable of operating on all frequencies in the 600 MHz band using the same air interfaces that the equipment utilizes on any frequencies in the 600 MHz band. ( 3 ) Mobile and portable stations that operate on any portion of frequencies in the 3700-3980 MHz band must be capable of operating on all frequencies in the 3700-3980 MHz band using the same air interfaces that the equipment utilizes on any frequencies in the 3700-3980 MHz band. ( 4 ) Mobile and portable stations that operate on any portion of frequencies in the 3450-3550 MHz band must be capable of operating on all frequencies in the 3450-3550 MHz band using the same air interfaces that the equipment utilizes on any frequencies in the 3450-3550 MHz band. ( b ) The basic interoperability requirement in paragraph (a) of this section does not require a licensee to use any particular industry standard. Devices may also contain functions that are not operational in U.S. Territories. [ 79 FR 32413 , June 4, 2014, as amended at 79 FR 48539 , Aug. 15, 2014; 85 FR 22882 , Apr. 23, 2020; 86 FR 17954 , Apr. 7, 2021] § 27.77 Restriction on mobile and portable equipment in the 1695-1710 MHz and 1755-1780 MHz bands. Mobile and portable stations in the 1695-1710 MHz and 1755-1780 MHz bands may operate only when under the control of a base station. Base stations that enable mobile or portable equipment to operate in the 1695-1710 MHz and 1755-1780 MHz band are subject to prior coordination requirements. See § 27.1134 (Protection of Federal Government operations). [ 79 FR 32413 , June 4, 2014] Subpart D—Competitive Bidding Procedures for the 2305-2320 MHz and 2345-2360 MHz Bands § 27.201 WCS in the 2305-2320 MHz and 2345-2360 MHz bands subject to competitive bidding. Mutually exclusive initial applications for WCS licenses in the 2305-2320 MHz and 2345-2360 MHz bands are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 45373 , July 9, 2002] §§ 27.202-27.208 [Reserved] § 27.209 Designated entities; bidding credits; unjust enrichment. ( a ) Designated entities entitled to preferences in the WCS in the 2305-2320 and 2345-2360 bands auction are small businesses and very small businesses as defined in § 27.110(b) . Designated entities will be eligible for bidding credits, as defined in paragraphs (b) and (c) of this section. ( b ) A winning bidder that qualifies as a small business may use a bidding credit of 25 percent to lower the cost of its winning bid. ( c ) A winning bidder that qualifies as a very small business may use a bidding credit of 35 percent to lower the cost of its winning bid. [ 62 FR 9658 , Mar. 3, 1997, as amended at 63 FR 2349 , Jan. 15, 1998; 65 FR 57268 , Sept. 21, 2000; 67 FR 45373 , July 9, 2002] § 27.210 Definitions. ( a ) Scope. The definitions in this section apply to § 27.209 , unless otherwise specified in those sections. ( b ) Small and very small business. ( 1 ) A small business is an entity that, together with its affiliates and controlling interests, has average annual gross revenues that are not more than $40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its affiliates and controlling interests, has average annual gross revenues that are not more than $15 million for the preceding three years. [ 67 FR 45373 , July 9, 2002, as amended at 68 FR 43000 , July 21, 2003] Subpart E—Application, Licensing, and Processing Rules for WCS § 27.301 [Reserved] § 27.302 Eligibility. ( a ) General. Authorizations will be granted upon proper application if: ( 1 ) The applicant is qualified under the applicable laws and the regulations, policies and decisions issued under those laws, including § 27.12 ; ( 2 ) There are frequencies available to provide satisfactory service; and ( 3 ) The public interest, convenience or necessity would be served by a grant. ( b ) Alien Ownership. A WCS authorization may not be granted to or held by an entity not meeting the requirements of section 310 of the Communications Act of 1934, as amended, 47 U.S.C. section 310 insofar as applicable to the particular service in question. § 27.303 Upper 700 MHz commercial and public safety coordination zone. ( a ) General. CMRS operators are required, prior to commencing operations on fixed or base station transmitters on the 776-787 MHz band that are located within 500 meters of existing or planned public safety base station receivers, to submit a description of their proposed facility to a Commission-approved public safety coordinator. ( i ) The frequency or frequencies on which the facility will operate; ( ii ) Antenna location and height; ( iii ) Type of emission; ( iv ) Effective radiated power; ( v ) A description of the area served and the operator's name. (2) It is the CMRS operator's responsibility to determine whether referral is required for stations constructed in its area of license. Public safety base stations are considered “planned” when public safety operators have notified, or initiated coordination with, a Commission-approved public safety coordinator. ( b ) CMRS operators must wait at least 10 business days after submission of the required description before commencing operations on the referenced facility, or implementing modifications to an existing facility. ( c ) The potential for harmful interference between the CMRS and public safety facilities will be evaluated by the public safety coordinator. (1) With regard to existing public safety facilities, the coordinator's determination to disapprove a proposed CMRS facility (or modification) to be located within 500 meters of the public safety facilities will be presumed correct, but the CMRS operator may seek Commission review of such determinations. Pending Commission review, the CMRS operator will not activate the facility or implement proposed modifications. (2) With regard to proposed public safety facilities, the coordinator's determination to disapprove a proposed CMRS facility (or modification) to be located within 500 meters of the public safety facilities will be presumed correct, but the CMRS operator may seek Commission review and, pending completion of review, operate the facility during construction of the public safety facilities. If coordination or Commission review has not been completed when the public safety facilities are ready to operate, the CMRS operator must cease operations pending completion of coordination or Commission review. Such interim operation of the CMRS facility within the coordination zone (or implementation of modifications) will not be relied on by the Commission in its subsequent review and determination of measures necessary to control interference, including relocation or modification of the CMRS facility. ( d ) If, in the event of harmful interference between facilities located within 500 meters proximity, the parties are unable, with the involvement of the coordinator, to resolve the problem by mutually satisfactory arrangements, the Commission may impose restrictions on the operations of any of the parties involved. [ 67 FR 49245 , July 30, 2002, as amended at 72 FR 48853 , Aug. 24, 2007; 79 FR 599 , Jan. 6, 2014] §§ 27.304-27.307 [Reserved] § 27.308 Technical content of applications. All applications required by this part shall contain all technical information required by the application forms or associated public notice(s). Applications other than initial applications for a WCS license must also comply with all technical requirements of the rules governing the applicable frequency band (see subparts C , D , F , and G of this part , as appropriate). [ 65 FR 57268 , Sept. 21, 2000] §§ 27.310-27.320 [Reserved] § 27.321 Mutually exclusive applications. ( a ) Two or more pending applications are mutually exclusive if the grant of one application would effectively preclude the grant of one or more of the others under the Commission's rules governing the Wireless Communications Services involved. The Commission uses the general procedures in this section for processing mutually exclusive applications in the Wireless Communications Services. ( b ) An application will be entitled to comparative consideration with one or more conflicting applications only if the Commission determines that such comparative consideration will serve the public interest. §§ 27.322-27.325 [Reserved] Subpart F—Competitive Bidding Procedures for the 698-806 MHz Band Source: 65 FR 3149 , Jan. 20, 2000, unless otherwise noted. § 27.501 746-758 MHz, 775-788 MHz, and 805-806 MHz bands subject to competitive bidding. Mutually exclusive initial applications for licenses in the 746-758 MHz, 775-788 MHz, and 805-806 MHz bands are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 79 FR 600 , Jan. 6, 2014] § 27.502 Designated entities. Eligibility for small business provisions: ( a ) ( 1 ) A small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $15 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as a small business or a consortium of small businesses as defined in this section may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . A winning bidder that qualifies as a very small business or a consortium of very small businesses as defined in this section may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . [ 72 FR 63499 , Nov. 9, 2007] Subpart G— Guard Band A and B Blocks (757-758/787-788 MHz and 775-776/805-806 MHz Bands) Source: 65 FR 17605 , Apr. 4, 2000, unless otherwise noted. § 27.601 Authority and coordination requirements. ( a ) Subject to the provisions of § 27.2(b) , a Guard Band licensee may allow a spectrum lessee, pursuant to a spectrum lease arrangement under part 1, subpart X of this chapter , to construct and operate stations at any available site within the licensed area and on any channel for which the Guard Band licensee is licensed, provided such stations comply with Commission Rules and coordination requirements. ( b ) Subject to the provisions of § 27.2(b) , a Guard Band licensee may allow a spectrum lessee, pursuant to a spectrum lease arrangement under part 1, subpart X of this chapter , to delete, move or change the operating parameters of any of the user's stations that are covered under the Guard Band licensee's authorization without prior Commission approval, provided such stations comply with Commission Rules and coordination requirements. ( c ) Frequency coordination. ( 1 ) A Guard Band licensee, or a spectrum lessee operating at 775-776 MHz and 805-806 MHz pursuant to a spectrum lease arrangement under §§ 1.9030 and 1.9035 of this chapter , must notify Commission-recognized public safety frequency coordinators for the 700 MHz Public Safety band and adjacent-area Guard Band licensees within one business day after the licensee or the spectrum lessee has: ( i ) Coordinated a new station or modification of an existing station; or ( ii ) Filed an application for an individual station license with the Commission. ( 2 ) The notification required in paragraph (c)(1) of this section must include, at a minimum— ( i ) The frequency or frequencies coordinated; ( ii ) Antenna location and height; ( iii ) Type of emission; ( iv ) Effective radiated power; ( v ) A description of the service area, date of coordination, and user name or, in the alternative, a description of the type of operation. ( 3 ) In the event a licensee partitions its service area or disaggregates its spectrum, it is required to submit the notification required in paragraph (c)(1) of this section to other Guard Band licensees in the same geographic area. ( 4 ) Entities coordinated by a Guard Band licensee, or a spectrum lessee operating pursuant to a spectrum lease arrangement under §§ 1.9030 and 1.9035 of this chapter , must wait at least 10 business days after the notification required in paragraph (c)(1) of this section before operating under the license. ( d ) Where a deletion, move or change authorized under paragraph (b) of this section constitutes a discontinuance, reduction, or impairment of service under § 27.66 or where discontinuance, reduction or impairment of service results from an involuntary act subject to § 27.66(a) , the licensee must comply with the notification and authorization requirements set forth in that section. [ 72 FR 27712 , May 16, 2007, as amended at 72 FR 48853 , Aug. 24, 2007] § 27.602 Lease agreements. Guard Band licensees may enter into spectrum leasing arrangements under part 1, subpart X of this chapter regarding the use of their licensed spectrum by spectrum lessees, subject to the following conditions: ( a ) The spectrum lease agreement between the licensee and the spectrum lessee must specify in detail the operating parameters of the spectrum lessee's system, including power, maximum antenna heights, frequencies of operation, base station location(s), area(s) of operation, and other parameters specified in Commission rules for the use of spectrum identified in § 27.5(b)(1) and (b)(2) . ( b ) The spectrum lease agreement must require the spectrum lessee to use Commission-approved equipment where appropriate and to complete post-construction proofs of system performance prior to system activation. [ 72 FR 27713 , May 16, 2007] § 27.604 Limitation on licenses won at auction. ( a ) For the first auction of licenses in Blocks A and B, as defined in § 27.5 , no applicant may be deemed the winning bidder of both a Block A and a Block B license in a single geographic service area. ( b ) For purposes of paragraph (a) of this section, licenses will be deemed to be won by the same bidder if an entity that wins one license at the auction is an affiliate of any other entity that wins a license at the auction. § 27.607 Performance requirements and annual reporting requirement. ( a ) Guard Band licensees are subject to the performance requirements specified in § 27.14(a) . ( b ) Guard Band licensees are required to file an annual report providing the Commission with information about the manner in which their spectrum is being utilized. Such reports shall be filed with the Commission on a calendar year basis, no later than the March 1 following the close of each calendar year, unless another filing date is specified by Public Notice. ( c ) Guard Band licensees must, at a minimum, include the following information in their annual reports: ( 1 ) The total number of spectrum lessees; ( 2 ) The amount of the licensee's spectrum being used pursuant to spectrum lease agreements; ( 3 ) The nature of the spectrum use of the licensee's customers; and, ( 4 ) The length of term of each spectrum lease agreement, and whether the agreement is a spectrum manager lease agreement, or a de facto transfer lease agreement. ( d ) The specific information that licensees will provide and the procedures that they will follow in submitting their annual reports will be announced in a Public Notice issued by the Wireless Telecommunications Bureau. [ 72 FR 27713 , May 16, 2007] Subpart H—Competitive Bidding Procedures for the 698-746 MHz Band Source: 67 FR 5512 , Feb. 6, 2002, unless otherwise noted. § 27.701 698-746 MHz bands subject to competitive bidding. Mutually exclusive initial applications for licenses in the 698-746 MHz band are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 45374 , July 9, 2002] § 27.702 Designated entities. ( a ) Eligibility for small business provisions. ( 1 ) An entrepreneur is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $3 million for the preceding three years. This definition applies only with respect to licenses in Block C (710-716 MHz and 740-746 MHz) as specified in § 27.5(c)(1) . ( 2 ) A very small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $15 million for the preceding three years. ( 3 ) A small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $40 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as an entrepreneur, as defined in this section, or a consortium of entrepreneurs may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter . A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . [ 67 FR 5512 , Feb. 6, 2002, as amended at 68 FR 43000 , July 21, 2003] Subpart I—1.4 GHz Band Source: 67 FR 41855 , June 20, 2002, unless otherwise noted. § 27.801 Scope. This subpart sets out the regulations governing service in the paired 1392-1395 MHz and 1432-1435 MHz bands as well as the unpaired 1390-1392 MHz band (1.4 GHz band). § 27.802 Permissible communications. Licensees in the paired 1392-1395 MHz and 1432-1435 MHz bands and unpaired 1390-1392 MHz band are authorized to provide fixed or mobile service, except aeronautical mobile service, subject to the technical requirements of this subpart. § 27.803 Coordination requirements. ( a ) Licensees in the 1.4 GHz band will be issued geographic area licenses in accordance with the service areas listed in § 27.6(d) and (e) . ( b ) Licensees in the 1.4 GHz Service must file a separate station application with the Commission and obtain an individual station license, prior to construction or operation, of any station: ( 1 ) That requires submission of an Environmental Assessment under part 1, § 1.1307 of this chapter ; ( 2 ) That requires international coordination; ( 3 ) That operates in areas listed in part 1, § 1.924 of this chapter ; or ( 4 ) That requires approval of the Frequency Advisory Subcommittee (FAS) of the Interdepartment Radio Advisory Committee (IRAC). Licensees in the 1432-1435 MHz band must receive FAS approval, prior to operation of fixed sites or mobile units within the NTIA recommended protection radii of the Government sites listed in footnote US83 of § 2.106 of this chapter . ( c ) Prior to construction of a station, a licensee in the 1.4 GHz Band must register with the Commission any station antenna structure for which notification to the Federal Aviation Administration is required by part 17 of this chapter . ( d ) It is the licensee's responsibility to determine whether an individual station needs referral to the Commission. ( e ) The application required in paragraph (b) of this chapter must be filed on the Universal Licensing System. [ 67 FR 41855 , June 20, 2002, as amended at 69 FR 17958 , Apr. 6, 2004; 80 FR 38908 , July 7, 2015] § 27.804 Field strength limits at WMTS facility. For any operation in the 1392-1395 MHz band, the predicted or measured field strength—into the WMTS band at 1395-1400 MHz—shall not exceed 150 uV/m at the location of any registered WMTS healthcare facility. When performing measurements to determine compliance with this provision, measurement instrumentation employing an average detector and a resolution bandwidth of 1 MHz may be used, provided it accurately represents the true interference potential of the equipment. § 27.805 Geographic partitioning and spectrum disaggregation. An entity that acquires a portion of a 1.4 GHz band licensee's geographic area or spectrum subject to a geographic partitioning or spectrum disaggregation agreement under § 27.15 must function as a 1.4 GHz band licensee and is subject to the obligations and restrictions on the 1.4 GHz band license as set forth in this subpart. § 27.806 1.4 GHz service licenses subject to competitive bidding. Mutually exclusive initial applications for 1.4 GHz Band licenses in the paired 1392-1395 MHz and 1432-1435 MHz bands as well as the unpaired 1390-1392 MHz band are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. § 27.807 Designated entities. ( a ) Eligibility for small business provisions for 1.4 GHz band licenses in the paired 1392-1395 MHz and 1432-1435 MHz bands and the unpaired 1390-1392 MHz band. ( 1 ) A very small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $15 million for the preceding three years. ( 2 ) A small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $40 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . [ 67 FR 41855 , June 20, 2002, as amended at 68 FR 43000 , July 21, 2003] Subpart J—1670-1675 MHz Band Source: 67 FR 41856 , June 20, 2002, unless otherwise noted. § 27.901 Scope. This subpart sets out the regulations governing service in the 1670-1675 MHz band (1670-1675 MHz band). § 27.902 Permissible communications. Licensees in the 1670-1675 MHz band are authorized to provide fixed or mobile service, except aeronautical mobile service, subject to the technical requirements of this subpart. § 27.903 Coordination requirements. ( a ) The licensee in the 1670-1675 MHz band will be issued a geographic area license on a nationwide basis in accordance with § 27.6(f) . ( b ) Licensees in the 1670-1675 MHz band must file a separate station application with the Commission and obtain an individual station license, prior to construction or operation, of any station: ( 1 ) That requires submission of an Environmental Assessment under part 1, § 1.1307 of this chapter ; ( 2 ) That requires international coordination; ( 3 ) That operates in areas listed under part 1, § 1.924 of this chapter . ( c ) The application required in paragraph (b) of this section must be filed on the Universal Licensing System. ( d ) Prior to construction of a station, a licensee must register with the Commission any station antenna structure for which notification to the Federal Aviation Administration is required by part 17 of this chapter . ( e ) It is the licensee's responsibility to determine whether an individual station requires referral to the Commission. [ 67 FR 41856 , June 20, 2002, as amended at 69 FR 17958 , Apr. 6, 2004] § 27.904 Geographic partitioning and spectrum disaggregation. An entity that acquires a portion of a 1670-1675 MHz band licensee's geographic area or spectrum subject to a geographic partitioning or spectrum disaggregation agreement under § 27.15 must function as a 1670-1675 MHz licensee and is subject to the obligations and restrictions on the 1670-1675 MHz license as set forth in this subpart. § 27.905 1670-1675 MHz service licenses subject to competitive bidding. Mutually exclusive initial applications for the 1670-1675 MHz Band license are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. § 27.906 Designated entities. ( a ) Eligibility for small business provisions. ( 1 ) A very small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $15 million for the preceding three years. ( 2 ) A small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $40 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . [ 67 FR 41856 , June 20, 2002, as amended at 68 FR 43000 , July 21, 2003] Subpart K—1915-1920 MHz and 1995-2000 MHz Source: 78 FR 50257 , Aug. 16, 2013, unless otherwise noted. Licensing and Competitive Bidding Provisions § 27.1001 1915-1920 MHz and 1995-2000 MHz bands subject to competitive bidding. Mutually exclusive initial applications for 1915-1920 MHz and 1995-2000 MHz band licenses are subject to competitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q will apply unless otherwise provided in this subpart. § 27.1002 Designated entities in the 1915-1920 MHz and 1995-2000 MHz bands. Eligibility for small business provisions: ( a ) ( 1 ) A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $15 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as a small business as defined in this section or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . A winning bidder that qualifies as a very small business as defined in this section or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . [ 78 FR 50257 , Aug. 16, 2013, as amended at 80 FR 56816 , Sept. 18, 2015] Reimbursement Obligation of Licensees at 1915-1920 MHz and 1995-2000 MHz § 27.1021 Reimbursement obligation of licensees at 1915-1920 MHz. A licensee in the 1915-1920 MHz band (Lower H Block) shall, within 30 days of grant of its long-form application, reimburse 25 percent of the total relocation costs incurred by UTAM, Inc. for relocating and clearing incumbent Fixed Microwave Service (FS) licensees from the 1910-1930 MHz band on a pro rata shared basis with other Lower H Block licensees as set forth in paragraphs (a) through (e) of this section. ( a ) ( 1 ) If Lower H Block licenses granted as a result of the first auction for this spectrum cover, collectively, at least forty (40) percent of the nation's population, the amount owed to UTAM, Inc. by each individual Lower H Block licensee (reimbursement amount owed or RN) will be determined by dividing the gross winning bid (GWB) for each individual Lower H Block license ( i.e., an Economic Area (EA)) by the sum of the gross winning bids for all Lower H Block licenses for which there is a winning bid in the first auction, and then multiplying by $12,629,857. RN = (EA GWB ÷ Sum of GWBs) × $12,629,857.00 ( 2 ) Except as provided in paragraphs (b) and (c) of this section, a licensee that obtains a license for a market in which no license is granted as a result of the first Lower H Block auction will not have a reimbursement obligation to UTAM, Inc. ( b ) If Lower H Block licenses granted as a result of the first auction for this spectrum cover, collectively, less than forty (40) percent of the nation's population, then the pro rata amount that the licensee of an individual Lower H Block license must reimburse UTAM, Inc. shall be calculated by dividing the population of the individual EA by the total U.S. population, and then multiplying by $12,629,857. In this event, the same population data, e.g., 2010, used to calculate the RNs for Lower H Block licenses granted as a result of the first auction will apply to subsequent auctions of Lower H Block licenses that were not granted as a result of an earlier auction of Lower H Block licenses. RN = (EA POP ÷ U.S. POP) × $12,629,857.00 ( c ) A winning bidder of a Lower H Block license that is not granted a license for any reason will be deemed to have triggered a reimbursement obligation to UTAM, Inc. This obligation will be owed to UTAM, Inc. by the licensee acquiring the Lower H Block license through a subsequent auction. The amount owed by the licensee acquiring the Lower H Block license at such auction will be the RN calculated for the EA license based on the first auction (calculated under paragraphs (a) or (b), as applicable, of this section). ( d ) For purposes of compliance with this section, licensees should determine population based on 2010 U.S. Census Data or such other data or measurements that the Wireless Telecommunications Bureau proposes and adopts under the notice and comment process for the auction procedures. ( e ) A payment obligation owed by a Lower H Block licensees under this section shall be made within thirty (30) days of the grant of the license ( i.e., grant of the long form application). § 27.1031 Reimbursement obligation of licensees at 1995-2000 MHz. A licensee in the 1995-2000 MHz band (Upper H Block) shall, within 30 days of grant of its long-form application, reimburse one-seventh of the eligible expenses incurred by Sprint Nextel, Inc. (Sprint) for relocating and clearing Broadcast Auxiliary Service (BAS), Cable Television Relay Service (CARS), and Local Television Transmission Service (LTTS) incumbents from the 1990-2025 MHz band, on a pro rata shared basis with other Upper H Block licensees as set forth in paragraphs (a) through (e) of this section. ( a ) ( 1 ) If Upper H Block licenses granted as a result of the first auction for this spectrum cover, collectively, at least forty (40) percent of the nation's population, the amount owed to Sprint by the winning bidder of each individual Upper H Block license granted as a result of the first auction will be determined by dividing the gross winning bid (GWB) for each individual Upper H Block license ( i.e., an Economic Area (EA)) by the sum of the gross winning bids for all Upper H Block licenses for which there is a winning bid in the first auction, and then multiplying by $94,875,516. RN = (EA GWB ÷ Sum of GWBs) × $94,875,516 ( 2 ) Except as provided in paragraphs (b) and (c) of this section, a licensee that obtains a license for a market in which no license was granted as a result of the first Upper H Block auction will not have a reimbursement obligation to Sprint. ( b ) If Upper H Block licenses granted as a result of the first auction for this spectrum cover, collectively, less than forty (40) percent of the nation's population, then the amount that the licensee of an individual Upper H Block license must reimburse Sprint shall be calculated by dividing the population of the individual EA by the total U.S. population, and then multiplying by $94,875,516. In this event, the same population data, e.g., 2010, used to calculate the RNs for Upper H Block licenses granted as a result of the first auction will apply to subsequent auctions of Upper H Block licenses that were not granted as a result of an earlier auction of Upper H Block licenses. RN = (EA POP ÷ U.S. POP) × $94,875,516 ( c ) A winning bidder of an Upper H Block license that is not granted a license for any reason will be deemed to have triggered a reimbursement obligation to Sprint. This obligation will be owed to Sprint by the licensee acquiring the Upper H Block license through a subsequent auction. The amount owed by the licensee acquiring the EA license at such auction will be based on the RN calculated for the EA license based on the first auction (calculated under paragraphs (a) or (b), as applicable, of this section). ( d ) For purposes of compliance with this section, licensees should determine population based on 2010 U.S. Census Data or such other data or measurements that the Wireless Telecommunications Bureau proposes and adopts under the notice and comment process for the auction procedures. ( e ) A payment obligation owed by a Upper H Block licensees under this section shall be made within thirty (30) days of the grant of the license (i.e., grant of the long form application). § 27.1041 Termination of cost-sharing obligations. ( a ) The cost-sharing obligation adopted in this subpart for the Lower H Block and for the Upper H Block will sunset ten years after the first license is issued in the respective band. ( b ) A Lower H Block licensee and an Upper H Block licensee must satisfy in full its payment obligations under this subpart K within thirty days of the grant of its long-form application. The failure to timely satisfy a payment obligation in full prior to the applicable sunset date will not terminate the debt owed or a party's right to collect the debt. Subpart L—1695-1710 MHz, 1710-1755 MHz, 1755-1780 MHz, 2110-2155 MHz, 2155-2180 MHz, 2180-2200 MHz Bands Source: 69 FR 5716 , Feb. 6, 2004, unless otherwise noted. Licensing and Competitive Bidding Provisions § 27.1101 1710-1755 MHz and 2110-2155 MHz bands subject to competitive bidding. Mutually exclusive initial applications for 1710-1755 MHz and 2110-2155 MHz band licenses are subject to competitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q will apply unless otherwise provided in this subpart. § 27.1102 Designated Entities in the 1710-1755 MHz and 2110-2155 MHz bands. ( a ) Eligibility for small business provisions. ( 1 ) A small business is an entity that, together with its affiliates, its controlling interests and the affiliates of its controlling interests, has average gross revenues that are not more than $40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its affiliates, its controlling interests and the affiliates of its controlling interests, has average gross revenues that are not more than $15 million for the preceding three years. ( b ) Bidding credits. ( 1 ) A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(iii) of this chapter , to lower the cost of its winning bid on any of the licenses in this part. ( 2 ) A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use a bidding credit of 25 percent, as specified in § 1.2110(f)(2)(ii) of this chapter , to lower the cost of its winning bid on any of the licenses in this part. § 27.1103 2000-2020 MHz and 2180-2200 MHz bands subject to competitive bidding. Mutually exclusive initial applications for 2000-2020 MHz and 2180-2200 MHz band licenses are subject to competitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q will apply unless otherwise provided in this subpart. [ 78 FR 8270 , Feb. 5, 2013] § 27.1104 Designated Entities in the 2000-2020 MHz and 2180-2200 MHz bands. Eligibility for small business provisions: ( a ) Small business. ( 1 ) A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $15 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as a small business as defined in this section or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . A winning bidder that qualifies as a very small business as defined in this section or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . [ 78 FR 8270 , Feb. 5, 2013, as amended at 80 FR 56816 , Sept. 18, 2015] § 27.1105 1695-1710 MHz, 1755-1780 MHz and 2155-2180 MHz bands subject to competitive bidding. Mutually exclusive initial applications for 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz band licenses are subject to competitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q will apply unless otherwise provided in this subpart. [ 79 FR 32413 , June 4, 2014] § 27.1106 Designated Entities in the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz bands. Eligibility for small business provisions: ( a ) Small business. ( 1 ) A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $40 million for the preceding three (3) years. ( 2 ) A very small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $15 million for the preceding three ( 3 ) years. ( b ) Bidding credits. A winning bidder that qualifies as a small business as defined in this section or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . A winning bidder that qualifies as a very small business as defined in this section or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . [ 79 FR 32413 , June 4, 2014, as amended at 80 FR 56816 , Sept. 18, 2015] Relocation of Incumbents § 27.1111 Relocation of fixed microwave service licensees in the 2110-2150 and 2160-2200 MHz bands. Part 22, subpart E and part 101, subpart B of this chapter contain provisions governing the relocation of incumbent fixed microwave service licensees in the 2110-2150 MHz and 2160-2200 MHz bands. [ 79 FR 32414 , June 4, 2014] Protection of Incumbent Operations § 27.1131 Protection of part 101 operations. All AWS licensees, prior to initiating operations from any base or fixed station, must coordinate their frequency usage with co-channel and adjacent-channel incumbent, 47 CFR part 101 fixed-point-to-point microwave licensees operating in the 2110-2150 MHz and 2160-2200 MHz bands. Coordination shall be conducted in accordance with the provisions of § 24.237 of this chapter . [ 79 FR 32414 , June 4, 2014] § 27.1132 Protection of incumbent operations in the 2150-2160/62 MHz band. All AWS licensees, prior to initiating operations from any base or fixed station in the 2110-2180 MHz band, shall follow the provisions of § 27.1255 . [ 79 FR 32414 , June 4, 2014] § 27.1133 Protection of part 74 and part 78 operations. AWS operators must protect previously licensed Broadcast Auxiliary Service (BAS) or Cable Television Radio Service (CARS) operations in the adjacent 2025-2110 MHz band. In satisfying this requirement AWS licensees must, before constructing and operating any base or fixed station, determine the location and licensee of all BAS or CARS stations authorized in their area of operation, and coordinate their planned stations with those licensees. In the event that mutually satisfactory coordination agreements cannot be reached, licensees may seek the assistance of the Commission, and the Commission may, at its discretion, impose requirements on one or both parties. § 27.1134 Protection of Federal Government operations. ( a ) Protection of Department of Defense operations in the 1710-1755 MHz band. The Department of Defense (DoD) operates communications systems in the 1710-1755 MHz band at 16 protected facilities, nationwide. AWS licensees must accept any interference received from these facilities and must protect the facilities from interference. AWS licensees shall protect the facilities from interference by restricting the operation of their base and fixed stations from any locations that could potentially permit AWS mobile, fixed, and portable stations transmitting in the 1710-1755 MHz band to cause interference to government operations within the radii of operation of the 16 facilities (the radii of operation of each facility is indicated in the third column of Table 1 immediately following paragraph (a)(3) of this section). In addition, AWS licensees shall be required to coordinate any operations that could permit mobile, fixed, and portable stations to operate in the specified areas of the 16 facilities, as defined in paragraph (a)(3) of this section. Protection of these facilities in this manner shall take place under the following conditions: ( 1 ) At the Yuma, Arizona and Cherry Point, North Carolina facilities, all operations shall be protected indefinitely. ( 2 ) At the remaining 14 facilities, airborne and military test range operations shall be protected until such time as these systems are relocated to other spectrum, and precision guided munitions (PGM) operations shall be protected until such time as these systems are relocated to other spectrum or until PGM inventory at each facility is exhausted, whichever occurs first. ( 3 ) AWS licensees whose transmit operations in the 1710-1755 MHz band consist of fixed or mobile operations with nominal transmit EIRP values of 100 mW or less and antenna heights of 1.6 meters above ground or less shall coordinate their services around the 16 sites at the distance specified in row a. of Table 2. AWS licensees whose transmit operations in the 1710-1755 MHz band consist of fixed or mobile operations with nominal transmit EIRP values of 1 W or less and antenna heights of 10 meters above ground or less shall coordinate their services around the 16 sites at the distance specified in row b. of Table 2. These coordination distances shall be measured from the edge of the operational distances indicated in the third column of Table 1, and coordination with each affected DoD facility shall be accomplished through the Commander of the facility. Table 1—Protected Department of Defense Facilities Location Coordinates Radius of operation (km) Cherry Point, NC 34°58′ N, 076°56′ W 100 Yuma, AZ 32°32′ N, 113°58′ W 120 China Lake, CA 35°41′ N, 117°41′ W 120 Eglin AFB, FL 30°29′ N, 086°31′ W 120 Pacific Missile Test Range/Point Mugu, CA 34°07′ N, 119°30′ W 80 Nellis AFB, NV 36°14′ N, 115°02′ W 160 Hill AFB, UT 41°07′ N, 111°58′ W 160 Patuxent River, MD 38°17′ N, 076°25′ W 80 White Sands Missile Range, NM 33°00′ N, 106°30′ W 80 Fort Irwin, CA 35°16′ N, 116°41′ W 50 Fort Rucker, AL 31°13′ N, 085°49′ W 50 Fort Bragg, NC 35°09′ N, 079°01′ W 50 Fort Campbell, KY 36°41′ N, 087°28′ W 50 Fort Lewis, WA 47°05′ N, 122°36′ W 50 Fort Benning, GA 32°22′ N, 084°56′ W 50 Fort Stewart, GA 31°52′ N, 081°37′ W 50 Table 2—Coordination Distances for the Protected Department Of Defense Facilities 1710-1755 MHz transmit operations Coordination distance (km) a. EIRP ≤100 mW, antenna height ≤1.6 m AG 35 b. EIRP ≤1 W, antenna height ≤10 m AG 55 ( b ) Protection of non-DoD operations in the 1710-1755 MHz and 1755-1761 MHz bands. Until such time as non-DoD systems operating in the 1710-1755 MHz and 1755-1761 MHz bands are relocated to other spectrum, AWS licensees shall protect such systems by satisfying the appropriate provisions of TIA Telecommunications Systems Bulletin 10-F, “Interference Criteria for Microwave Systems,” May, 1994 (TSB 10-F). ( c ) Protection of Federal operations in the 1675-1710 MHz band — ( 1 ) 27 Protection Zones. Within 27 Protection Zones, prior to operating a base station that enables mobile or portable stations to transmit in the 1695-1710 MHz band, licensees must successfully coordinate such base station operations with Federal Government entities operating meteorological satellite Earth-station receivers in the 1675-1710 MHz band. See 47 CFR 2.106 , footnote US 88, for the 27 Protection Zones and other details. ( 2 ) Operation outside of 27 Protection Zones. Non-Federal operations, for mobile and portable stations operating at a maximum EIRP of 20 dBm, are permitted outside of the protection zones without coordination. All non-Federal operations for mobile and portables operating at a maximum EIRP of greater than 20 dBm and up to 30 dBm must be coordinated nationwide. All such operations may not cause harmful interference to the Federal operations protected in 47 CFR 2.106 , footnote US 88. ( 3 ) Interference. If protected Federal operations receive harmful interference from AWS operations in the 1695-1710 MHz band, an AWS licensee must, upon notification, modify its operations and/or technical parameters as necessary to eliminate the interference. ( 4 ) Point of contact. AWS licensees in the 1695-1710 MHz band must provide and maintain a point of contact at all times so that immediate contact can be made should interference against protected Federal sites occur. ( 5 ) Coordination procedures. Federal use of the radio spectrum is generally governed by the National Telecommunications and Information Administration (NTIA) while non-Federal use is governed by the Commission. As such, any guidance or details concerning Federal/non-Federal coordination must be issued jointly by NTIA and the Commission. The Commission may jointly issue with NTIA one or more public notices with guidance or details concerning the coordination procedures for the 1695-1710 MHz band. ( 6 ) Requirements for licensees operating in the 1710-1755 MHz band. AWS licensees operating fixed stations in the 1710-1755 MHz band, if notified that such stations are causing interference to radiosonde receivers operating in the Meteorological Aids Service in the 1675-1700 MHz band or a meteorological-satellite earth receiver operating in the Meteorological-Satellite Service in the 1675-1710 MHz band, shall be required to modify the stations' location and/or technical parameters as necessary to eliminate the interference. ( d ) Recognition of NASA Goldstone facility operations in the 2110-2120 MHz band. The National Aeronautics and Space Administration (NASA) operates the Deep Space Network (DSN) in the 2110-2120 MHz band at Goldstone, California ( see Table 3). NASA will continue its operations of high power transmitters (nominal EIRP of 105.5 dBW with EIRP up to 119.5 dBW used under emergency conditions) in this band at this location. AWS licensees must accept any interference received from the Goldstone DSN facility in this band. Table 3—Location of the NASA Goldstone Deep Space Facility Location Coordinates Maximum transmitter output power Goldstone, California 35°18′ N 116°54′ W 500 kW ( e ) Protection of Federal operations in the 2200-2290 MHz band — ( 1 ) Default emission limits. Except as provided in paragraph (e)(2) of this section, the following default out-of-band emissions limits shall apply for AWS-4 operations in the 2180-2200 MHz band. ( i ) For these AWS-4 operations, the power of any emissions on all frequencies between 2200 and 2290 MHz shall not exceed an EIRP of −100.6 dBW/4 kHz. ( ii ) No AWS-4 base station operating in the 2180-2200 MHz band shall be located less than 820 meters from a U.S. Earth Station facility operating in the 2200-2290 MHz band. ( 2 ) Agreements between AWS-4 operators and Federal government entities. The out-of-band emissions limits in paragraph (e)(1) of this section may be modified by the private contractual agreement of licensees of AWS-4 operating authority and Federal government entities operating in the 2200-2290 MHz band. Such agreement shall be transmitted to the Commission by the National Telecommunications and Information Administration (NTIA) of the U.S. Department of Commerce. A licensee of AWS-4 operating authority who is a party to such an agreement must maintain a copy of the agreement in its station files and disclose it, upon request, to prospective AWS-4 assignees, transferees, or spectrum lessees, to Federal operators, and to the Commission. ( f ) Protection of Federal operations in the 1755-1780 MHz band. The Federal Government operates communications systems in the 1755-1780 MHz band. Certain systems are expected to continue to operate in the band indefinitely. All other operations will be relocating to other frequencies or otherwise cease operations in the 1755-1780 MHz band in accordance with 47 CFR part 301 . Until such a time as Federal operations in the 1755-1780 MHz bands vacate this spectrum, AWS licensees shall protect such systems and must accept any interference received from these Federal operations. See 47 CFR 2.106 , footnote US 91, for details. AWS licensees must successfully coordinate proposed operations with all Federal incumbents prior to operation as follows: ( 1 ) Protection Zone(s). A protection zone is established for each Federal operation pursuant to 47 CFR 2.106 , footnote US 91. Unless otherwise specified in later Commission actions, the default protection zone is nationwide. A base station which enables mobile or portable stations to transmit in the 1755-1780 MHz band may not operate within the Protection Zone(s) of a Federal operation until the licensee successfully coordinates such base station operations with Federal Government entities as follows depending on the type of Federal incumbent authorization: ( i ) Federal US&P Assignments. Each AWS licensee must coordinate with each Federal agency that has U.S. and Possessions (US&P) authority prior to its first operations in its licensed area to reach a coordination arrangement with each US&P agency on an operator-to-operator basis. (Agencies with U.S. and Possessions (US&P) authority do not operate nationwide and may be able to share, prior to relocation, in some areas.) ( ii ) Other Federal Assignments. Each AWS licensee must successfully coordinate all base station operations within a Protection Zone with the Federal incumbents. The default requirement is a nationwide coordination zone with possible revisions to the Protection Zone and other details to be announced in a Joint FCC/NTIA public notice. ( 2 ) Interference. If protected Federal operations receive harmful interference from AWS operations in the 1755-1780 MHz band, an AWS licensee must, upon notification, modify its operations and/or technical parameters as necessary to eliminate the interference. ( 3 ) Point of contact. AWS licensees in the 1755-1780 MHz band must provide and maintain a point of contact at all times so that immediate contact can be made should interference against protected Federal operations occur. ( 4 ) Coordination procedures. Federal use of the radio spectrum is generally governed by the National Telecommunications and Information Administration (NTIA) while non-Federal use is governed by the Commission. As such, any guidance or details concerning Federal/non-Federal coordination must be issued jointly by NTIA and the Commission. The Commission may jointly issue with NTIA one or more public notices with guidance or details concerning the coordination procedures for the 1755-1780 MHz band. [ 69 FR 5716 , Feb. 6, 2004, as amended at 73 FR 50571 , Aug. 27, 2008; 78 FR 8270 , Jan. 5, 2013; 79 FR 32414 , June 4, 2014] § 27.1135 Protection of non-Federal Government Meteorological-Satellite operations. AWS licensees operating fixed stations in the 1710-1755 MHz band, if notified that such stations are causing interference to meteorological-satellite earth receivers operating in the Meteorological-Satellite Service in the 1675-1710 MHz band, shall be required to modify the stations' location and/or technical parameters as necessary to eliminate the interference. § 27.1136 Protection of mobile satellite services in the 2000-2020 MHz and 2180-2200 MHz bands. An AWS licensee of the 2000-2020 MHz and 2180-2200 MHz bands must accept any interference received from duly authorized mobile satellite service operations in these bands. Any such AWS licensees must protect mobile satellite service operations in these bands from harmful interference. [ 78 FR 8270 , Jan. 5, 2013] Cost-Sharing Policies Governing Microwave Relocation From the 2110-2150 MHz and 2160-2200 MHz Bands Source: Sections 27.1160 through 27.1174 appear at 71 FR 29835 , May 24, 2006, unless otherwise noted. § 27.1160 Cost-sharing requirements for AWS. Frequencies in the 2110-2150 MHz and 2160-2200 MHz bands listed in § 101.147 of this chapter have been reallocated from Fixed Microwave Services (FMS) to use by AWS (as reflected in § 2.106 of this chapter ). In accordance with procedures specified in § 22.602 and §§ 101.69 through 101.82 of this chapter , AWS entities are required to relocate the existing microwave licensees in these bands if interference to the existing microwave licensee would occur. All AWS entities that benefit from the clearance of this spectrum by other AWS entities or by a voluntarily relocating microwave incumbent must contribute to such relocation costs. AWS entities may satisfy their reimbursement requirement by entering into private cost-sharing agreements or agreeing to terms other than those specified in § 27.1164 . However, AWS entities are required to reimburse other AWS entities or voluntarily relocating microwave incumbents that incur relocation costs and are not parties to the alternative agreement. In addition, parties to a private cost-sharing agreement may seek reimbursement through the clearinghouse (as discussed in § 27.1162 ) from AWS entities or other Emerging Technologies (ET) entities, including Mobile Satellite Service (MSS) operators (for Ancillary Terrestrial Component (ATC) base stations), that are not parties to the agreement. The cost-sharing plan is in effect during all phases of microwave relocation specified in §§ 22.602 and 101.69 of this chapter . If an AWS licensee enters into a spectrum leasing arrangement (as set forth in part 1, subpart X of this chapter ) and the spectrum lessee triggers a cost-sharing obligation, the licensee is the AWS entity responsible for satisfying the cost-sharing obligations under §§ 27.1160-27.1174 . [ 71 FR 29835 , May 24, 2006, as amended at 78 FR 8270 , Feb. 5, 2013] § 27.1162 Administration of the Cost-Sharing Plan. The Wireless Telecommunications Bureau, under delegated authority, will select one or more entities to operate as a neutral, not-for-profit clearinghouse(s). This clearinghouse(s) will administer the cost-sharing plan by, inter alia, determining the cost-sharing obligation of AWS and other ET entities for the relocation of FMS incumbents from the 2110-2150 MHz and 2160-2200 MHz bands. The clearinghouse filing requirements (see §§ 27.1166(a) , 27.1170 ) will not take effect until an administrator is selected. § 27.1164 The cost-sharing formula. An AWS relocator who relocates an interfering microwave link, i.e. , one that is in all or part of its market area and in all or part of its frequency band or a voluntarily relocating microwave incumbent, is entitled to pro rata reimbursement based on the following formula: ( a ) R N equals the amount of reimbursement. ( b ) C equals the actual cost of relocating the link(s). Actual relocation costs include, but are not limited to, such items as: Radio terminal equipment (TX and/or RX—antenna, necessary feed lines, MUX/Modems); towers and/or modifications; back-up power equipment; monitoring or control equipment; engineering costs (design/path survey); installation; systems testing; FCC filing costs; site acquisition and civil works; zoning costs; training; disposal of old equipment; test equipment (vendor required); spare equipment; project management; prior coordination notification under § 101.103(d) of this chapter ; site lease renegotiation; required antenna upgrades for interference control; power plant upgrade (if required); electrical grounding systems; Heating Ventilation and Air Conditioning (HVAC) (if required); alternate transport equipment; and leased facilities. Increased recurring costs represent part of the actual cost of relocation and, even if the compensation to the incumbent is in the form of a commitment to pay five years of charges, the AWS or MSS/ATC relocator is entitled to seek immediate reimbursement of the lump sum amount based on present value using current interest rates, provided it has entered into a legally binding agreement to pay the charges. C also includes voluntarily relocating microwave incumbent's independent third party appraisal of its compensable relocation costs and incumbent transaction expenses that are directly attributable to the relocation, subject to a cap of two percent of the “hard” costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. C may not exceed $250,000 per paired link, with an additional $150,000 permitted if a new or modified tower is required. ( c ) N equals the number of AWS and MSS/ATC entities that have triggered a cost-sharing obligation. For the AWS relocator, N = 1. For the next AWS entity triggering a cost-sharing obligation, N = 2, and so on. In the case of a voluntarily relocating microwave incumbent, N = 1 for the first AWS entity triggering a cost-sharing obligation. For the next AWS or MSS/ATC entity triggering a cost-sharing obligation, N = 2, and so on. ( d ) T m equals the number of months that have elapsed between the month the AWS or MSS/ATC relocator or voluntarily relocating microwave incumbent obtains reimbursement rights for the link and the month in which an AWS entity triggers a cost-sharing obligation. An AWS or MSS/ATC relocator obtains reimbursement rights for the link on the date that it signs a relocation agreement with a microwave incumbent. A voluntarily relocating microwave incumbent obtains reimbursement rights for the link on the date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of the link, pursuant to § 101.305 of the Commission's rules. § 27.1166 Reimbursement under the Cost-Sharing Plan. ( a ) Registration of reimbursement rights. Claims for reimbursement under the cost-sharing plan are limited to relocation expenses incurred on or after the date when the first AWS license is issued in the relevant AWS band (start date). If a clearinghouse is not selected by that date (see § 27.1162 ) claims for reimbursement (see § 27.1166 ) and notices of operation (see § 27.1170 ) for activities that occurred after the start date but prior to the clearinghouse selection must be submitted to the clearinghouse within 30 calendar days of the selection date. ( 1 ) To obtain reimbursement, an AWS relocator must submit documentation of the relocation agreement to the clearinghouse within 30 calendar days of the date a relocation agreement is signed with an incumbent. In the case of involuntary relocation, an AWS relocator must submit documentation of the relocated system within 30 calendar days after the end of the relocation. ( 2 ) To obtain reimbursement, a voluntarily relocating microwave incumbent must submit documentation of the relocation of the link to the clearinghouse within 30 calendar days of the date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of the link, pursuant to § 101.305 of the Commission's rules. ( b ) Documentation of expenses. Once relocation occurs, the AWS relocator, or the voluntarily relocating microwave incumbent, must submit documentation itemizing the amount spent for items specifically listed in § 27.1164(b) , as well as any reimbursable items not specifically listed in § 27.1164(b) that are directly attributable to actual relocation costs. Specifically, the AWS relocator, or the voluntarily relocating microwave incumbent must submit, in the first instance, only the uniform cost data requested by the clearinghouse along with a copy, without redaction, of either the relocation agreement, if any, or the third party appraisal described in (b)(1) of this section, if relocation was undertaken by the microwave incumbent. AWS relocators and voluntarily relocating microwave incumbents must maintain documentation of cost-related issues until the applicable sunset date and provide such documentation upon request, to the clearinghouse, the Commission, or entrants that trigger a cost-sharing obligation. If an AWS relocator pays a microwave incumbent a monetary sum to relocate its own facilities, the AWS relocator must estimate the costs associated with relocating the incumbent by itemizing the anticipated cost for items listed in § 27.1164(b) . If the sum paid to the incumbent cannot be accounted for, the remaining amount is not eligible for reimbursement. ( 1 ) Third party appraisal. The voluntarily relocating microwave incumbent, must also submit an independent third party appraisal of its compensable relocation costs. The appraisal should be based on the actual cost of replacing the incumbent's system with comparable facilities and should exclude the cost of any equipment upgrades or items outside the scope of § 27.1164(b) . ( 2 ) Identification of links. The AWS relocator or the voluntarily relocating microwave incumbent must identify the particular link associated with appropriate expenses ( i.e., costs may not be averaged over numerous links). Where the AWS relocator or voluntarily relocating microwave incumbent relocates both paths of a paired channel microwave link ( e.g., 2110-2130 MHz with 2160-2180 MHz and 2130-2150 MHz with 2180-2200 MHz), the AWS relocator or voluntarily relocating microwave incumbent must identify the expenses associated with each paired microwave link. ( c ) Full Reimbursement. An AWS relocator who relocates a microwave link that is either fully outside its market area or its licensed frequency band may seek full reimbursement through the clearinghouse of compensable costs, up to the reimbursement cap as defined in § 27.1164(b) . Such reimbursement will not be subject to depreciation under the cost-sharing formula. ( d ) Good Faith Requirement. New entrants and incumbent licensees are expected to act in good faith in satisfying the cost-sharing obligations under §§ 27.1160 through 27.1174 . The requirement to act in good faith extends to, but is not limited to, the preparation and submission of the documentation required in paragraph (b) of this section. ( e ) MSS Participation in the Clearinghouse. MSS operators are not required to submit reimbursements to the clearinghouse for links relocated due to interference from MSS space-to-Earth downlink operations, but may elect to do so, in which case the MSS operator must identify the reimbursement claim as such and follow the applicable procedures governing reimbursement in part 27. MSS reimbursement rights and cost-sharing obligations for space-to-Earth downlink operations are governed by § 101.82 of this chapter . ( f ) Reimbursement for Self-relocating FMS links in the 2130-2150 MHz and 2180-2200 MHz bands. Where a voluntarily relocating microwave incumbent relocates a paired microwave link with paths in the 2130-2150 MHz and 2180-2200 MHz bands, it may not seek reimbursement from MSS operators, but is entitled to reimbursement from the first AWS beneficiary for its actual costs for relocating the paired link, subject to the reimbursement cap in § 27.1164(b) . This amount is subject to depreciation as specified in § 27.1164(b) . An AWS licensee who is obligated to reimburse relocation costs under this rule is entitled to obtain reimbursement from other AWS beneficiaries in accordance with §§ 27.1164 and 27.1168 . For purposes of applying the cost-sharing formula relative to other AWS licensees that benefit from the self-relocation, depreciation shall run from the date on which the clearinghouse issues the notice of an obligation to reimburse the voluntarily relocating microwave incumbent. [ 71 FR 29835 , May 24, 2006, as amended at 78 FR 8270 , Jan. 5, 2013] § 27.1168 Triggering a Reimbursement Obligation. ( a ) The clearinghouse will apply the following test to determine when an AWS entity has triggered a cost-sharing obligation and therefore must pay an AWS relocator, MSS relocator, or a voluntarily relocating microwave incumbent in accordance with the formula detailed in § 27.1164 : ( 1 ) All or part of the relocated microwave link was initially co-channel with the licensed AWS band(s) of the AWS entity or the selected assignment of the MSS operator that seeks and obtains ATC authority (see § 25.149(a)(2)(i) of this chapter ); ( 2 ) An AWS relocator, MSS relocator or a voluntarily relocating microwave incumbent has paid the relocation costs of the microwave incumbent; and ( 3 ) The AWS or MSS entity is operating or preparing to turn on a fixed base station at commercial power and the fixed base station is located within a rectangle (Proximity Threshold) described as follows: ( i ) The length of the rectangle shall be x where x is a line extending through both nodes of the microwave link to a distance of 48 kilometers (30 miles) beyond each node. The width of the rectangle shall be y where y is a line perpendicular to x and extending for a distance of 24 kilometers (15 miles) on both sides of x. Thus, the rectangle is represented as follows: ( ii ) If the application of the Proximity Threshold Test indicates that a reimbursement obligation exists, the clearinghouse will calculate the reimbursement amount in accordance with the cost-sharing formula and notify the AWS entity of the total amount of its reimbursement obligation. ( b ) Once a reimbursement obligation is triggered, the AWS entity may not avoid paying its cost-sharing obligation by deconstructing or modifying its facilities. [ 71 FR 29835 , May 24, 2006, as amended at 78 FR 8271 , Jan. 5, 2013] § 27.1170 Payment issues. Prior to initiating operations for a newly constructed site or modified existing site, an AWS entity is required to file a notice containing site-specific data with the clearinghouse. The notice regarding the new or modified site must provide a detailed description of the proposed site's spectral frequency use and geographic location, including but not limited to the applicant's name and address, the name of the transmitting base station, the geographic coordinates corresponding to that base station, the frequencies and polarizations to be added, changed or deleted, and the emission designator. If a prior coordination notice (PCN) under § 101.103(d) of this chapter is prepared, AWS entities can satisfy the site-data filing requirement by submitting a copy of their PCN to the clearinghouse. AWS entities that file either a notice or a PCN have a continuing duty to maintain the accuracy of the site-specific data on file with the clearinghouse. Utilizing the site-specific data, the clearinghouse will determine if any reimbursement obligation exists and notify the AWS entity in writing of its repayment obligation, if any. When the AWS entity receives a written copy of such obligation, it must pay directly to the relocator the amount owed within 30 calendar days. [ 78 FR 8271 , Jan. 5, 2013] § 27.1172 Dispute Resolution Under the Cost-Sharing Plan. ( a ) Disputes arising out of the cost-sharing plan, such as disputes over the amount of reimbursement required, must be brought, in the first instance, to the clearinghouse for resolution. To the extent that disputes cannot be resolved by the clearinghouse, parties are encouraged to use expedited Alternative Dispute Resolution (ADR) procedures, such as binding arbitration, mediation, or other ADR techniques. ( b ) Evidentiary requirement. Parties of interest contesting the clearinghouse's determination of specific cost-sharing obligations must provide evidentiary support to demonstrate that their calculation is reasonable and made in good faith. Specifically, these parties are expected to exercise due diligence to obtain the information necessary to prepare an independent estimate of the relocation costs in question and to file the independent estimate and supporting documentation with the clearinghouse. § 27.1174 Termination of cost-sharing obligations. The cost-sharing plan will sunset for all AWS and MSS entities on the same date on which the relocation obligation for the subject AWS band ( i.e., 2110-2150 MHz, 2160-2175 MHz, 2175-2180 MHz, 2180-2200 MHz) in which the relocated FMS link was located terminates. AWS or MSS entrants that trigger a cost-sharing obligation prior to the sunset date must satisfy their payment obligation in full. [ 78 FR 8271 , Feb. 5, 2013] Cost-Sharing Policies Governing Broadband Radio Service Relocation From the 2150-2160/62 MHz Band Source: Sections 27.1176 through 27.1190 appear at 71 FR 29835 , May 24, 2006, unless otherwise noted. § 27.1176 Cost-sharing requirements for AWS in the 2150-2160/62 MHz band. ( a ) Frequencies in the 2150-2160/62 MHz band have been reallocated from the Broadband Radio Service (BRS) to AWS. All AWS entities who benefit from another AWS entity's clearance of BRS incumbents from this spectrum, including BRS incumbents occupying the 2150-2162 MHz band on a primary basis, must contribute to such relocation costs. Only AWS entrants that relocate BRS incumbents are entitled to such reimbursement. ( b ) AWS entities may satisfy their reimbursement requirement by entering into private cost-sharing agreements or agreeing to terms other than those specified in § 27.1180 . However, AWS entities are required to reimburse other AWS entities that incur relocation costs and are not parties to the alternative agreement. In addition, parties to a private cost-sharing agreement may seek reimbursement through the clearinghouse (as discussed in § 27.1178 ) from AWS entities that are not parties to the agreement. The cost-sharing plan is in effect during all phases of BRS relocation until the end of the period specified in § 27.1190 . If an AWS licensee enters into a spectrum leasing arrangement and the spectrum lessee triggers a cost-sharing obligation, the licensee is the AWS entity responsible for satisfying cost-sharing obligations under these rules. § 27.1178 Administration of the Cost-Sharing Plan. The Wireless Telecommunications Bureau, under delegated authority, will select one or more entities to operate as a neutral, not-for-profit clearinghouse(s). This clearinghouse(s) will administer the cost-sharing plan by, inter alia, determining the cost-sharing obligations of AWS entities for the relocation of BRS incumbents from the 2150-2162 MHz band. The clearinghouse filing requirements ( see §§ 27.1182(a) , 27.1186 ) will not take effect until an administrator is selected. § 27.1180 The cost-sharing formula. ( a ) An AWS licensee that relocates a BRS system with which it interferes is entitled to pro rata reimbursement based on the cost-sharing formula specified in § 27.1164 , except that the depreciation factor shall be [180−T m ]/180, and the variable C shall be applied as set forth in paragraph (b) of this section. ( b ) C is the actual cost of relocating the system, and includes, but is not limited to, such items as: Radio terminal equipment (TX and/or RX—antenna, necessary feed lines, MUX/Modems); towers and/or modifications; back-up power equipment; monitoring or control equipment; engineering costs (design/path survey); installation; systems testing; FCC filing costs; site acquisition and civil works; zoning costs; training; disposal of old equipment; test equipment (vendor required); spare equipment; project management; site lease renegotiation; required antenna upgrades for interference control; power plant upgrade (if required); electrical grounding systems; Heating Ventilation and Air Conditioning (HVAC) (if required); alternate transport equipment; leased facilities; and end user units served by the base station that is being relocated. In addition to actual costs, C may include the cost of an independent third party appraisal conducted pursuant to § 27.1182(a)(3) and incumbent transaction expenses that are directly attributable to the relocation, subject to a cap of two percent of the “hard” costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. There is no cap on the actual costs of relocation. ( c ) An AWS system shall be considered an interfering system for purposes of this rule if the AWS system is in all or part of the BRS frequency band and operates within line of sight to BRS operations under the applicable test specified in § 27.1184 . An AWS relocator that relocates a BRS system with which it does not interfere is entitled to full reimbursement, as specified in § 27.1182(c) . § 27.1182 Reimbursement under the Cost-Sharing Plan. ( a ) Registration of reimbursement rights. ( 1 ) To obtain reimbursement, an AWS relocator must submit documentation of the relocation agreement to the clearinghouse within 30 calendar days of the date a relocation agreement is signed with an incumbent. In the case of involuntary relocation, an AWS relocator must submit documentation of the relocated system within 30 calendar days after the end of the one-year trial period. ( 2 ) Registration of any BRS system shall include: ( i ) A description of the system's frequency use; ( ii ) If the system exclusively provides one-way transmissions to subscribers, the Geographic Service Area of the system; and ( iii ) If the system does not exclusively provide one-way transmission to subscribers, the system hub antenna's geographic location and the above ground level height of the system's receiving antenna centerline. ( 3 ) The AWS relocator must also include with its system registration an independent third party appraisal of the compensable relocation costs. The appraisal should be based on the actual cost of replacing the incumbent's system with comparable facilities and should exclude the cost of any equipment upgrades that are not necessary to the provision of comparable facilities. An AWS relocator may submit registration without a third party appraisal if it consents to binding resolution by the clearinghouse of any good faith cost disputes regarding the reimbursement claim, under the following standard: The relocator shall bear the burden of proof, and be required to demonstrate by clear and convincing evidence that its request does not exceed the actual cost of relocating the relevant BRS system or systems to comparable facilities. Failure to satisfy this burden of proof will result in loss of rights to subsequent reimbursement of the disputed costs from any AWS licensee. ( b ) Documentation of expenses. Once relocation occurs, the AWS relocator must submit documentation itemizing the amount spent for items specifically listed in § 27.1180(b) , as well as any reimbursable items not specifically listed in § 27.1180(b) that are directly attributable to actual relocation costs. Specifically, the AWS relocator must submit, in the first instance, only the uniform cost data requested by the clearinghouse along with copies, without redaction, of the relocation agreement, if any, and the third party appraisal described in (a)(3), of this section, if prepared. The AWS relocator must identify the particular system associated with appropriate expenses ( i.e. , costs may not be averaged over numerous systems). If an AWS relocator pays a BRS incumbent a monetary sum to relocate its own facilities in whole or in part, the AWS relocator must itemize the actual costs to the extent determinable, and otherwise must estimate the actual costs associated with relocating the incumbent and itemize these costs. If the sum paid to the incumbent cannot be accounted for, the remaining amount is not eligible for reimbursement. All AWS relocators seeking reimbursement through the clearinghouse have an ongoing duty to maintain all relevant records of BRS relocation-related expenses until the sunset of cost-sharing obligations, and to provide, upon request, such documentation, including a copy of the independent appraisal if one was conducted, to the clearinghouse, the Commission, or AWS entrants that trigger a cost-sharing obligation. ( c ) Full reimbursement. An AWS relocator who relocates a BRS system that is either: ( 1 ) Wholly outside its frequency band; or ( 2 ) Not within line of sight of the relocator's transmitting base station may seek full reimbursement through the clearinghouse of compensable costs. Such reimbursement will not be subject to depreciation under the cost-sharing formula. ( d ) Good Faith Requirement. New entrants and incumbent licensees are expected to act in good faith in satisfying the cost-sharing obligations under §§ 27.1176 through 27.1190 . The requirement to act in good faith extends to, but is not limited to, the preparation and submission of the documentation required in paragraph (b) of this section. § 27.1184 Triggering a reimbursement obligation. ( a ) The clearinghouse will apply the following test to determine when an AWS entity has triggered a cost-sharing obligation and therefore must pay an AWS relocator of a BRS system in accordance with the formula detailed in § 27.1180 : ( 1 ) All or part of the relocated BRS system was initially co-channel with the licensed AWS band(s) of the AWS entity; ( 2 ) An AWS relocator has paid the relocation costs of the BRS incumbent; and ( 3 ) The other AWS entity has turned on or is preparing to turn on a fixed base station at commercial power and the incumbent BRS system would have been within the line of sight of the AWS entity's fixed base station, defined as follows. ( i ) For a BRS system using the 2150-2160/62 MHz band exclusively to provide one-way transmissions to subscribers, the clearinghouse will determine whether there is an unobstructed signal path (line of sight) to the incumbent licensee's geographic service area (GSA), based on the following criteria: use of 9.1 meters (30 feet) for the receiving antenna height, use of the actual transmitting antenna height and terrain elevation, and assumption of 4/3 Earth radius propagation conditions. Terrain elevation data must be obtained from the U.S. Geological Survey (USGS) 3-second database. All coordinates used in carrying out the required analysis shall be based upon use of NAD-83. ( ii ) For all other BRS systems using the 2150-2160/62 MHz band, the clearinghouse will determine whether there is an unobstructed signal path (line of sight) to the incumbent licensee's receive station hub using the method prescribed in “Methods for Predicting Interference from Response Station Transmitters and to Response Station Hubs and for Supplying Data on Response Station Systems. MM Docket 97-217,” in Amendment of 47 CFR parts 1 , 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order on Further Reconsideration and Further Notice of Proposed Rulemaking, 15 FCC Rcd 14566 at 14610, Appendix D. ( b ) If the application of the trigger test described in paragraphs (a)(3)(i) and (ii) of this section, indicates that a reimbursement obligation exists, the clearinghouse will calculate the reimbursement amount in accordance with the cost-sharing formula and notify the subsequent AWS entity of the total amount of its reimbursement obligation. ( c ) Once a reimbursement obligation is triggered, the AWS entity may not avoid paying its cost-sharing obligation by deconstructing or modifying its facilities. § 27.1186 Payment issues. Payment of cost-sharing obligations for the relocation of BRS systems in the 2150-60/62 MHz band is subject to the rules set forth in § 27.1170 . If an AWS licensee is initiating operations for a newly constructed site or modified existing site in licensed bands overlapping the 2150-2160/62 MHz band, the AWS licensee must file with the clearinghouse, in addition to the site-specific data required by § 27.1170 , the above ground level height of the transmitting antenna centerline. AWS entities have a continuing duty to maintain the accuracy of the site-specific data on file with the clearinghouse. [ 71 FR 29835 , May 24, 2006, as amended at 72 FR 41939 , Aug. 1, 2007] § 27.1188 Dispute resolution under the Cost-Sharing Plan. ( a ) Disputes arising out of the cost-sharing plan, such as disputes over the amount of reimbursement required, must be brought, in the first instance, to the clearinghouse for resolution. To the extent that disputes cannot be resolved by the clearinghouse, parties are encouraged to use expedited Alternative Dispute Resolution (ADR) procedures, such as binding arbitration, mediation, or other ADR techniques. ( b ) Evidentiary requirement. Parties of interest contesting the clearinghouse's determination of specific cost-sharing obligations must provide evidentiary support to demonstrate that their calculation is reasonable and made in good faith. Specifically, these parties are expected to exercise due diligence to obtain the information necessary to prepare an independent estimate of the relocation costs in question and to file the independent estimate and supporting documentation with the clearinghouse. § 27.1190 Termination of cost-sharing obligations. The plan for cost-sharing in connection with BRS relocation will sunset for all AWS entities fifteen years after the relocation sunset period for BRS relocation commences, i.e. , fifteen years after the first AWS licenses are issued in any part of the 2150-2162 MHz band. AWS entrants that trigger a cost-sharing obligation prior to the sunset date must satisfy their payment obligation in full. Subpart M—Broadband Radio Service and Educational Broadband Service Source: 69 FR 72034 , Dec. 10, 2004, unless otherwise noted. § 27.1200 Change to BRS and EBS. ( a ) As of January 10, 2005, licensees assigned to the Multipoint Distribution Service (MDS) and the Multichannel Multipoint Distribution Service (MMDS) shall be reassigned to the Broadband Radio Service (BRS) and licensees in the Instructional Television Fixed Service (ITFS) shall be reassigned to the Educational Broadband Service (EBS). § 27.1201 [Reserved] § 27.1202 Cable/BRS cross-ownership. ( a ) Initial or modified authorizations for BRS stations may not be granted to a cable operator if a portion of the BRS station's protected services area is within the portion of the franchise area actually served by the cable operator's cable system and the cable operator will be using the BRS station as a multichannel video programming distributor (as defined in § 76.64(d) of this chapter ). No cable operator may acquire such authorization either directly, or indirectly through an affiliate owned, operated, or controlled by or under common control with a cable operator if the cable operator will use the BRS station as a multichannel video programming distributor. ( b ) No licensee of a station in this service may lease transmission time or capacity to a cable operator either directly, or indirectly through an affiliate owned, operated, controlled by, or under common control with a cable operator, if a portion of the BRS station's protected services area is within the portion of the franchise area actually served by the cable operator's cable system the cable operator will use the BRS station as a multichannel video programming distributor. ( c ) Applications for new stations, station modifications, assignments or transfers of control by cable operators of BRS stations shall include a showing that no portion of the GSA of the BRS station is within the portion of the franchise area actually served by the cable operator's cable system, or of any entity indirectly affiliated, owned, operated, controlled by, or under common control with the cable operator. Alternatively, the cable operator may certify that it will not use the BRS station to distribute multichannel video programming. ( d ) In applying the provisions of this section, ownership and other interests in BRS licensees or cable television systems will be attributed to their holders and deemed cognizable pursuant to the following criteria: ( 1 ) Except as otherwise provided herein, partnership and direct ownership interests and any voting stock interest amounting to 5% or more of the outstanding voting stock of a corporate BRS licensee or cable television system will be cognizable; ( 2 ) Investment companies, as defined in 15 U.S.C. 80a-3 , insurance companies and banks holding stock through their trust departments in trust accounts will be considered to have a cognizable interest only if they hold 20% or more of the outstanding voting stock of a corporate BRS licensee or cable television system, or if any of the officers or directors of the BRS licensee or cable television system are representatives of the investment company, insurance company or bank concerned. Holdings by a bank or insurance company will be aggregated if the bank or insurance company has any right to determine how the stock will be voted. Holdings by investment companies will be aggregated if under common management. ( 3 ) Attribution of ownership interests in a BRS licensee or cable television system that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that wherever the ownership percentage for any link in the chain exceeds 50%, it shall not be included for purposes of this multiplication. For purposes of paragraph (d)(9) of this section, attribution of ownership interests in a BRS licensee or cable television system that are held indirectly by any party through one or more intervening organizations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, and the ownership percentage for any link in the chain that exceeds 50% shall be included for purposes of this multiplication. For example, except for purposes of paragraph (d)(9) of this section, if A owns 10% of company X, which owns 60% of company Y, which owns 25% of “Licensee,” then X's interest in “Licensee” would be 25% (the same as Y's interest because X's interest in Y exceeds 50%), and A's interest in “Licensee” would be 2.5% (0.1 × 0.25). Under the 5% attribution benchmark, X's interest in “Licensee” would be cognizable, while A's interest would not be cognizable. For purposes of paragraph (d)(9) of this section, X's interest in “Licensee” would be 15% (0.6 × 0.25) and A's interest in “Licensee” would be 1.5% (0.1 × 0.6 × 0.25). Neither interest would be attributed under paragraph (d)(9) of this section. ( 4 ) Voting stock interests held in trust shall be attributed to any person who holds or shares the power to vote such stock, to any person who has the sole power to sell such stock, and to any person who has the right to revoke the trust at will or to replace the trustee at will. If the trustee has a familial, personal or extra-trust business relationship to the grantor or the beneficiary, the grantor or beneficiary, as appropriate, will be attributed with the stock interests held in trust. An otherwise qualified trust will be ineffective to insulate the grantor or beneficiary from attribution with the trust's assets unless all voting stock interests held by the grantor or beneficiary in the relevant BRS licensee or cable television system are subject to said trust. ( 5 ) Subject to paragraph (d)(9) of this section, holders of non-voting stock shall not be attributed an interest in the issuing entity. Subject to paragraph (d)(9) of this section, holders of debt and instruments such as warrants, convertible debentures, options or other non-voting interests with rights of conversion to voting interests shall not be attributed unless and until conversion is effected. ( 6 ) ( i ) A limited partnership interest shall be attributed to a limited partner unless that partner is not materially involved, directly or indirectly, in the management or operation of the BRS or cable television activities of the partnership and the licensee or system so certifies. An interest in a Limited Liability Company (“LLC”) or Registered Limited Liability Partnership (“RLLP”) shall be attributed to the interest holder unless that interest holder is not materially involved, directly or indirectly, in the management or operation of the BRS or cable television activities of the partnership and the licensee or system so certifies. ( ii ) For a licensee or system that is a limited partnership to make the certification set forth in paragraph (d)(6)(i) of this section, it must verify that the partnership agreement or certificate of limited partnership, with respect to the particular limited partner exempt from attribution, establishes that the exempt limited partner has no material involvement, directly or indirectly, in the management or operation of the BRS or cable television activities of the partnership. For a licensee or system that is an LLC or RLLP to make the certification set forth in paragraph (d)(6)(i) of this section, it must verify that the organizational document, with respect to the particular interest holder exempt from attribution, establishes that the exempt interest holder has no material involvement, directly or indirectly, in the management or operation of the BRS or cable television activities of the LLC or RLLP. Irrespective of the terms of the certificate of limited partnership or partnership agreement, or other organizational document in the case of an LLC or RLLP, however, no such certification shall be made if the individual or entity making the certification has actual knowledge of any material involvement of the limited partners, or other interest holders in the case of an LLC or RLLP, in the management or operation of the BRS or cable television businesses of the partnership or LLC or RLLP. ( iii ) In the case of an LLC or RLLP, the licensee or system seeking installation shall certify, in addition, that the relevant state statute authorizing LLCs permits an LLC member to insulate itself as required by our criteria. ( 7 ) Officers and directors of a BRS licensee or cable television system are considered to have a cognizable interest in the entity with which they are so associated. If any such entity engages in businesses in addition to its primary business of BRS or cable television service, it may request the Commission to waive attribution for any officer or director whose duties and responsibilities are wholly unrelated to its primary business. The officers and directors of a parent company of a BRS licensee or cable television system, with an attributable interest in any such subsidiary entity, shall be deemed to have a cognizable interest in the subsidiary unless the duties and responsibilities of the officer or director involved are wholly unrelated to the BRS licensee or cable television system subsidiary, and a statement properly documenting this fact is submitted to the Commission. The officers and directors of a sister corporation of a BRS licensee or cable television system shall not be attributed with ownership of these entities by virtue of such status. ( 8 ) Discrete ownership interests will be aggregated in determining whether or not an interest is cognizable under this section. An individual or entity will be deemed to have a cognizable investment if: ( i ) The sum of the interests held by or through “passive investors” is equal to or exceeds 20 percent; or ( ii ) The sum of the interests other than those held by or through “passive investors” is equal to or exceeds 5 percent; or ( iii ) The sum of the interests computed under paragraph (d)(8)(i) of this section plus the sum of the interests computed under paragraph (d)(8)(ii) of this section equal to or exceeds 20 percent. ( 9 ) Notwithstanding paragraphs (d)(5) and (d)(6) of this section, the holder of an equity or debt interest or interests in a BRS licensee or cable television system subject to the BRS/cable cross-ownership rule (“interest holder”) shall have that interest attributed if: ( i ) The equity (including all stockholdings, whether voting or nonvoting, common or preferred) and debt interest or interests, in the aggregate, exceed 33 percent of the total asset value (all equity plus all debt) of that BRS licensee or cable television system; and ( ii ) The interest holder also holds an interest in a BRS licensee or cable television system that is attributable under this section (other than this paragraph) and which operates in any portion of the franchise area served by that cable operator's cable system. ( 10 ) The term “area served by a cable system” means any area actually passed by the cable operator's cable system and which can be connected for a standard connection fee. ( 11 ) As used in this section “cable operator” shall have the same definition as in § 76.5 of this chapter . ( e ) The Commission will entertain requests to waive the restrictions in paragraph (a) of this section where necessary to ensure that all significant portions of the franchise area are able to obtain multichannel video service. ( f ) The provisions of paragraphs (a) through (e) of this section will not apply to one BRS channel used to provide locally-produced programming to cable headends. Locally-produced programming is programming produced in or near the cable operator's franchise area and not broadcast on a television station available within that franchise area. A cable operator will be permitted one BRS channel for this purpose, and no more than one BRS channel may be used by a cable television company or its affiliate or lessor pursuant to this paragraph. The licensee for a cable operator providing local programming pursuant to a lease must include in a notice filed with the Wireless Telecommunications Bureau a cover letter explicitly identifying itself or its lessees as a local cable operator and stating that the lease was executed to facilitate the provision of local programming. The first application or the first lease notification in an area filed with the Commission will be entitled to the exemption. The limitations on one BRS channel per party and per area include any cable/BRS operations or cable/EBS operations. The cable operator must demonstrate in its BRS application that the proposed local programming will be provided within one year from the date its application is granted. Local programming service pursuant to a lease must be provided within one year of the date of the lease or one year of grant of the licensee's application for the leased channel, whichever is later. If a BRS license for these purposes is granted and the programming is subsequently discontinued, the license will be automatically forfeited the day after local programming service is discontinued. ( g ) Applications filed by cable television companies, or affiliates, for BRS channels prior to February 8, 1990, will not be subject to the prohibitions of this section. Applications filed on February 8, 1990, or thereafter will be returned. Lease arrangements between cable and BRS entities for which a lease or a firm agreement was signed prior to February 8, 1990, will also not be subject to the prohibitions of this section. Leases between cable television companies, or affiliates, and BRS station licensees, conditional licensees, or applicants executed on February 8, 1990, or thereafter, are invalid. ( 1 ) Applications filed by cable operators, or affiliates, for BRS channels prior to February 8, 1990, will not be subject to the prohibitions of this section. Except as provided in paragraph (g)(2) of this section, applications filed on February 8, 1990, or thereafter will be returned. Lease arrangements between cable and BRS entities for which a lease or a firm agreement was signed prior to February 8, 1990, will also not be subject to the prohibitions of this section. Except as provided in paragraph (g)(2) of this section, leases between cable operators, or affiliates, and BRS/EBS station licensees, conditional licensees, or applicants executed on or before February 8, 1990, or thereafter are invalid. ( 2 ) Applications filed by cable operators, or affiliates for BRS channels after February 8, 1990, and prior to October 5, 1992, will not be subject to the prohibition of this section, if, pursuant to the then existing overbuild or rural exceptions, the applications were allowed under the then existing cable/BRS cross-ownership prohibitions. Lease arrangements between cable operators and BRS entities for which a lease or firm agreement was signed after February 8, 1990, and prior to October 5, 1992, will not be subject to the prohibitions of this section, if, pursuant to the then existing rural and overbuild exceptions, the lease arrangements were allowed. ( 3 ) The limitations on cable television ownership in this section do not apply to any cable operator in any franchise area in which a cable operator is subject to effective competition as determined under section 623(l) of the Communications Act. [ 69 FR 72034 , Dec. 10, 2004, as amended at 71 FR 35190 , June 19, 2006] § 27.1203 [Reserved] § 27.1204 EBS Tribal priority filing window. ( a ) The Commission will specify by public notice a window filing period for applications for new EBS stations on rural Tribal Lands. EBS applications for new facilities will be accepted only during this window. Applications submitted prior to the window opening date identified in the public notice will be returned as premature. Applications submitted after the deadline will be dismissed with prejudice as untimely. ( b ) Applicants in the Tribal priority filing window must demonstrate that they are eligible to file in that window. To be considered eligible for the Tribal priority window, an applicant must be: ( 1 ) A federally recognized American Indian Tribe or Alaska Native Village; or an entity that is owned and controlled by a federally-recognized Tribe or a consortium of federally-recognized Tribes; ( 2 ) Requesting a license on Tribal Land, which is defined to be any federally recognized Indian Tribe's reservation, pueblo or colony, including former reservations in Oklahoma, Alaska Native regions established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) and Indian Allotments, see § 54.400(e) of this chapter , as well as Hawaiian Home Lands—areas held in trust for native Hawaiians by the State of Hawaii, pursuant to the Hawaiian Homes Commission Act, 1920, July 9, 1921, 42 Stat 108, et seq., as amended; and any lands designated prior to July 10, 2019, as Tribal Lands pursuant to the designation process contained in § 54.412 of this chapter ; ( 3 ) Requesting a GSA in a rural area, which is defined to be lands that are not part of an urbanized area or urban cluster area with a population equal to or greater than 50,000; and ( 4 ) Have a local presence on the Tribal Land for which they are applying. ( c ) Following the close of the Tribal priority window, the Commission will issue a public notice of acceptance for filing of applications submitted pursuant to paragraph (b) of this section that meet technical and legal requirements and that are not in conflict with any other application filed during the window. Petitions to deny such applications may be filed within 30 days of such public notice. A copy of any petition to deny must be served on the applicant. ( d ) If applications are filed in the Tribal priority window that are mutually exclusive, the Commission will use competitive bidding to resolve the mutual exclusivity. Two or more pending applications are mutually exclusive if the grant of one application would effectively preclude the grant of one or more of the others under Commission rules in this chapter. ( e ) For non-mutually exclusive applications, the applications will be processed in accordance with procedures to be specified by the Wireless Telecommunications Bureau. [ 84 FR 57365 , Oct. 25, 2019, as amended at 85 FR 1284 , Jan. 10, 2020] § 27.1205 EBS renewal standard. In applying the renewal standard contained in § 1.949 of this chapter to EBS, for licenses initially issued after October 25, 2019, the applicable safe harbors are the buildout standards contained in § 27.14(u) . For licenses initially issued before October 25, 2019, the applicable safe harbors are the buildout standards contained in § 27.14(o) ; provided, however, that the educational use safe harbor contained in § 27.14(o)(2) may only be used by a licensee that meets the eligibility requirements to hold an EBS license pursuant to the provisions of § 27.1201(a) contained in the edition of 47 CFR parts 20 through 39 , revised as of October 1, 2017. [ 84 FR 57365 , Oct. 25, 2019] § 27.1206 Geographic service area. ( a ) BRS: ( 1 ) For BRS incumbent licenses granted before September 15, 1995, the geographic service area (GSA) is the area that is bounded by a circle having a 35 mile radius and centered at the station's reference coordinates, which was the previous PSA entitled to incumbent licensees prior to January 10, 2005, and is bounded by the chord(s) drawn between intersection points of the licensee's previous 35 mile PSA and those of respective adjacent market, co-channel licensees; ( 2 ) For BRS BTA authorization holders, the GSA for a channel is the BTA, subject to the exclusion of overlapping, co-channel incumbent GSAs created on January 10, 2005. ( 3 ) If an incumbent BRS license is cancelled or is forfeited, the GSA area of the incumbent station shall dissolve and the right to operate in that area automatically reverts to the GSA licensee that held the corresponding BTA. ( b ) EBS: ( 1 ) Existing EBS licensees. ( i ) The GSA of EBS licenses on the E and F channel groups is defined in § 27.1216 . EBS licensees on the E and F channel groups are prohibited from expanding their GSAs. ( ii ) For incumbent EBS licenses not in the E and F channel groups in effect as of October 25, 2019, the geographic service area (GSA) is the area that is bounded by a circle having a 35 mile radius and centered at the station's reference coordinates, which was the previous PSA entitled to incumbent licensees prior to January 10, 2005, and is bounded by the chord(s) drawn between intersection points of the licensee's previous 35 mile PSA and those of respective adjacent market, co-channel licensees. ( 2 ) New initial EBS licenses. ( i ) For EBS licenses issued in the Tribal Priority Window, the GSA consists of the rural Tribal Land (as defined in § 27.1204(b)(3) ) specified in the application. ( ii ) For all other new initial licenses issued after April 27, 2020, the GSA is the county for which the license is issued, subject to the exclusion of overlapping, co-channel incumbent GSAs. [ 84 FR 57365 , Oct. 25, 2019] § 27.1207 Service areas and authorizations. ( a ) Initial authorizations for BRS granted after January 1, 2008, shall be blanket licenses for all BRS frequencies identified in § 27.5(i)(2) . Except for incumbent BRS licenses, BRS service areas are the 1992 version of Basic Trading Areas (BTAs) defined by Rand McNally, or additional service areas similar to BTAs adopted by the Commission. The market area for each license will be listed on the license authorization. The following are additional BRS service areas in places where Rand McNally has not defined BTAs: American Samoa; Guam; Gulf of Mexico Zone A; Gulf of Mexico Zone B; Gulf of Mexico Zone C; Northern Mariana Islands; Mayaguez/Aguadilla-Ponce, Puerto Rico; San Juan, Puerto Rico; and the United States Virgin Islands. The boundaries of Gulf of Mexico Zone A are from an area twelve nautical miles from the shoreline at mean high tide on the north and east, to the limit of the Outer Continental Shelf to the south, and to longitude 91°00′ to the west. The boundaries of Gulf of Mexico Zone B are from an area twelve nautical miles from the shoreline at mean high tide on the north, to the limit of the Outer Continental Shelf to the south, to longitude 91°00′ to the east, and to longitude 94°00′ to the west. The boundaries of Gulf of Mexico Zone C are from an area twelve nautical miles from the shoreline at mean high tide on the north and west, to longitude 94°00′ to the east, and to a line 281 kilometers from the reference point at Linares, N.L., Mexico on the southwest. The Mayaguez/Aguadilla-Ponce, PR, service area consists of the following municipios: Adjuntas, Aguada, Aguadilla, Anasco, Arroyo, Cabo Rojo, Coamo, Guanica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana Diaz, Lajas, Las Marias, Maricao, Maunabo, Mayaguez, Moca, Patillas, Penuelas, Ponce, Quebradillas, Rincón, Sabana Grande, Salinas, San German, Santa Isabel, Villalba and Yauco. The San Juan service area consists of all other municipios in Puerto Rico. ( b ) For EBS initial licenses issued after October 25, 2019, except for licenses issued in the Tribal Priority Window, the GSA is the county for which the license is issued, subject to the exclusion of overlapping, co-channel incumbent GSAs. For purposes of this subpart, counties are defined using the United States Census Bureau's data reflecting county legal boundaries and names valid through January 1, 2017. Except for licenses issued in the Tribal Priority Window, there shall be three initial authorizations issued in each county: One authorization for channels A1, A2, A3, B1, B2, B3, C1, C2, and C3; the second authorization for channels D1, D2, D3, JA1, JA2, JA3, JB1, JB2, JB3, JC1, JC2, JC3, JD1, JD2, JD3, A4, B4, C4, D4, and G4; the third authorization for channels G1, G2, G3, KG1, KG2, and KG3. [ 84 FR 57366 , Oct. 25, 2019] § 27.1208 Geographic area licensing. ( a ) All BRS and EBS licenses are geographic area licenses. Blanket licenses cover all mobile and response stations. Pursuant to that geographic area license, incumbent licensees may modify their systems provided the modified system complies with the applicable rules in this chapter. The blanket license covers all fixed stations anywhere within the authorized service area, except a station must be individually licensed if: ( 1 ) International agreements require coordination; ( 2 ) Submission of an Environmental Assessment is required under § 1.1307 of this chapter ; and ( 3 ) The station would affect the radio quiet zones under § 1.924 of this chapter . ( b ) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under § 17.4 of this chapter . [ 84 FR 57366 , Oct. 25, 2019] § 27.1209 Reversion and overlay rights. ( a ) The frequencies associated with BRS incumbent authorizations that have cancelled automatically or otherwise recovered by the Commission automatically revert to the applicable BRS BTA licensee. ( b ) The frequencies associated with EBS incumbent authorizations with a geographic service area that have cancelled automatically or otherwise recovered by the Commission automatically revert to a co-channel EBS county-based licensee, except that if the area in question is Tribal Land as defined in § 27.1204(b)(3) and is contiguous to the GSA of a co-channel authorization issued in the Tribal Priority Window, the area consisting of Tribal Land reverts to the co-channel license issued in the Tribal Priority Window. ( c ) The frequencies associated with EBS authorizations issued in the Tribal Priority Window with a geographic service area that have cancelled automatically or otherwise recovered by the Commission automatically revert to a co-channel EBS county-based authorization. [ 84 FR 57366 , Oct. 25, 2019] § 27.1210 Remote control operation. Licensed BRS/EBS stations may be operated by remote control without further authority. § 27.1211 Unattended operation. Unattended operation of licensed BRS/EBS stations is permitted without further authority. An unattended relay station may be employed to receive and retransmit signals of another station provided that the transmitter is equipped with circuits which permit it to radiate only when the signal intended to be retransmitted is present at the receiver input terminals. § 27.1212 License term. ( a ) BRS/EBS licenses shall be issued for a period of 10 years beginning with the date of grant. ( b ) An initial BTA authorization shall be issued for a period of ten years from the date the Commission declared bidding closed in the MDS auction. § 27.1213 Designated entity provisions for BRS in Commission auctions commencing prior to January 1, 2004. ( a ) Eligibility for small business provisions. For purposes of Commission auctions commencing prior to January 1, 2004 for BRS licenses, a small business is an entity that together with its affiliates has average annual gross revenues that are not more than $40 million for the preceding three calendar years. ( b ) Designated entities. As specified in this section, designated entities that are winning bidders in Commission auctions commencing prior to January 1, 2004 for BTA service areas are eligible for special incentives in the auction process. See 47 CFR 1.2110 . ( c ) Installment payments. Small businesses and small business consortia may elect to pay the full amount of their winning bids in Commission auctions commencing prior to January 1, 2004 for BTA service areas in installments over a ten (10) year period running from the date that their BTA authorizations are issued. ( 1 ) Upon issuance of a BTA authorization to a winning bidder in a Commission auction commencing prior to January 1, 2004 that is eligible for installment payments, the Commission will notify such eligible BTA authorization holder of the terms of its installment payment plan. For BRS, such installment payment plans will: ( i ) Impose interest based on the rate of ten (10) year U.S. Treasury obligations at the time of issuance of the BTA authorization, plus two and one half (2.5) percent; ( ii ) Allow installment payments for a ten (10) year period running from the date that the BTA authorization is issued; ( iii ) Begin with interest-only payments for the first two (2) years; and ( iv ) Amortize principal and interest over the remaining years of the ten (10) year period running from the date that the BTA authorization is issued. ( 2 ) Conditions and obligations. See § 1.2110(g)(4) of this chapter . ( 3 ) Unjust enrichment. If an eligible BTA authorization holder that utilizes installment financing under this subsection seeks to partition, pursuant to applicable rules, a portion of its BTA containing one-third or more of the population of the area within its control in the licensed BTA to an entity not meeting the eligibility standards for installment payments, the holder must make full payment of the remaining unpaid principal and any unpaid interest accrued through the date of partition as a condition of approval. ( d ) Reduced upfront payments. For purposes of Commission auctions commencing prior to January 1, 2004 for BRS licenses, a prospective bidder that qualifies as a small business, or as a small business consortia, is eligible for a twenty-five (25) percent reduction in the amount of the upfront payment otherwise required. To be eligible to bid on a particular BTA, a small business will be required to submit an upfront payment equal to seventy-five (75) percent of the upfront payment amount specified for that BTA in the public notice listing the upfront payment amounts corresponding to each BTA service area being auctioned. ( e ) Bidding credits. For purposes of Commission auctions commencing prior to January 1, 2004 for BRS licenses, a winning bidder that qualifies as a small business, or as a small business consortia, may use a bidding credit of fifteen (15) percent to lower the cost of its winning bid on any of the BTA authorizations awarded in the Commission BRS auctions commencing prior to January 1, 2004. ( f ) Short-form application certification; Long-form application or statement of intention disclosure. A BRS applicant in a Commission auction commencing prior to January 1, 2004 claiming designated entity status shall certify on its short-form application that it is eligible for the incentives claimed. A designated entity that is a winning bidder for a BTA service area(s) shall, in addition to information otherwise required, file an exhibit to either its initial long-form application for a BRS station license, or to its statement of intention with regard to the BTA, which discloses the gross revenues for each of the past three years of the winning bidder and its affiliates. This exhibit shall describe how the winning bidder claiming status as a designated entity satisfies the designated entity eligibility requirements, and must list and summarize all agreements that affect designated entity status, such as partnership agreements, shareholder agreements, management agreements and other agreements, including oral agreements, which establish that the designated entity will have both de facto and de jure control of the entity. See 47 CFR 1.2110(i) . ( g ) Records maintenance. All holders of BTA authorizations acquired in a Commission auction commencing prior to January 1, 2004 that claim designated entity status shall maintain, at their principal place of business or with their designated agent, an updated documentary file of ownership and revenue information necessary to establish their status. Holders of BTA authorizations or their successors in interest shall maintain such files for a ten (10) year period running from the date that their BTA authorizations are issued. The files must be made available to the Commission upon request. [ 69 FR 72034 , Dec. 10, 2004, as amended at 71 FR 35190 , June 19, 2006] § 27.1214 EBS grandfathered leases. All leases of current EBS spectrum entered into prior to January 10, 2005 and in compliance with leasing rules contained in 47 CFR part 74 , revised as of October 1, 2004, may continue in force and effect, notwithstanding any inconsistency between such leases and the rules applicable to spectrum leasing arrangements set forth in this chapter. Such leases entered into pursuant to the rules formerly contained in 47 CFR part 74 may be renewed and assigned in accordance with the terms of such lease. All spectrum leasing arrangements leases entered into after January 10, 2005, under the rules set forth in part 1 of this chapter and this part, must comply with the rules in those parts. [ 84 FR 57366 , Oct. 25, 2019] § 27.1215 BRS grandfathered leases. ( a ) All leases of current BRS spectrum entered into prior to January 10, 2005 and in compliance with rules formerly contained in part 21 of this chapter may continue in force and effect, notwithstanding any inconsistency between such leases and the rules applicable to spectrum leasing arrangements set forth in this chapter. Such leases entered into pursuant to the former part 21 of this chapter may be renewed and assigned in accordance with the terms of such lease. All spectrum leasing arrangements leases entered into after January 10, 2005, pursuant to the rules set forth in part 1 and part 27 of this chapter must comply with the rules in those parts. § 27.1216 Grandfathered E and F group EBS licenses. ( a ) Except as noted in paragraph (b) of this section, grandfathered EBS licensees authorized to operate E and F group co-channel licenses are granted a geographic service area (GSA) on July 19, 2006. The GSA is the area bounded by a circle having a 35 mile radius and centered at the station's reference coordinates, and is bounded by the chord(s) drawn between intersection points of that circle and those of respective adjacent market, co-channel licensees. ( b ) If there is more than 50 percent overlap between the calculated GSA of a grandfathered EBS license and the protected service area of a co-channel BRS license, the licensees shall not be immediately granted a geographic service area. Instead, the grandfathered EBS license and the co-channel BRS licensee must negotiate in good faith to reach a solution that accommodates the communication needs of both licensees. If the co-channel licensees reach a mutually agreeable solution on or before October 17, 2006, then the GSA of each co-channel license shall be as determined pursuant to the agreement of the parties. If a mutually agreeable solution between co-channel licensees is not reached on or before October 17, 2006, then each co-channel licensee shall receive a GSA determined pursuant to paragraph (a) of this section and § 27.1206(a) . [ 71 FR 35191 , June 16, 2006] § 27.1217 Competitive bidding procedures for the Broadband Radio Service and the Educational Broadband Service. Mutually exclusive initial applications for BRS and EBS licenses are subject to competitive bidding. For BRS auctions, the designated entity provisions of § 27.1218 apply. For EBS auctions, the designated entity provisions of § 27.1219 apply. The general competitive bidding procedures set forth in part 1, subpart Q, of this chapter apply unless otherwise provided in this subpart. [ 84 FR 57366 , Oct. 25, 2019] § 27.1218 Broadband Radio Service designated entity provisions. ( a ) Eligibility for small business provisions. ( 1 ) A small business is an entity that, together with all attributed parties, has average gross revenues that are not more than $40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with all attributed parties, has average gross revenues that are not more than $15 million for the preceding three years. ( 3 ) An entrepreneur is an entity that, together with all attributed parties, has average gross revenues that are not more than $3 million for the preceding three years. ( b ) Bidding credits. ( 1 ) A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses, may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(iii) of this chapter , to lower the cost of its winning bid on any of the licenses in this subpart. ( 2 ) A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses, may use a bidding credit of 25 percent, as specified in § 1.2110(f)(2)(ii) of this chapter , to lower the cost of its winning bid on any of the licenses in this subpart. ( 3 ) A winning bidder that qualifies as an entrepreneur, as defined in this section, or a consortium of entrepreneurs, may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(i) of this chapter , to lower the cost of its winning bid on any of the licenses in this subpart. [ 73 FR 26041 , May 8, 2008] § 27.1219 Educational Broadband Service designated entity provisions. ( a ) Eligibility for small business provisions. ( 1 ) A small business is an entity that, together with its affiliates, its controlling interests and the affiliates of its controlling interests, has average gross revenues that are not more than $55 million for the preceding five (5) years. ( 2 ) A very small business is an entity that, together with its affiliates, its controlling interests and the affiliates of its controlling interests, has average gross revenues that are not more than $20 million for the preceding five (5) years. ( b ) Bidding credits. A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use a bidding credit of 15 percent, as specified in § 1.2110(f)(2)(i)(C) of this chapter . A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use a bidding credit of 25 percent, as specified in § 1.2110(f)(2)(i)(B) of this chapter . ( c ) Rural service provider credit. A rural service provider, as defined in § 1.2110(f)(4) of this chapter , who has not claimed a small business bidding credit may use a bidding credit of 15 percent bidding credit, as specified in § 1.2110(f)(4)(i) of this chapter . [ 84 FR 57366 , Oct. 25, 2019; 84 FR 64209 , Nov. 21, 2019] Technical Standards § 27.1220 Transmission standards. The width of a channel in the LBS and UBS is 5.5 MHz, with the exception of BRS channels 1 and 2 which are 6.0 MHz. The width of all channels in the MBS is 6 MHz. However, the licensee may subchannelize its authorized bandwidth, provided that digital modulation is employed and the aggregate power does not exceed the authorized power for the channel. The licensee may also, jointly with other licensees, transmit utilizing bandwidth in excess of its authorized bandwidth, provided that digital modulation is employed, all power spectral density requirements set forth in this part are met and the out-of-band emissions restrictions set forth in § 27.53 are met at the edges of the channels employed. § 27.1221 Interference protection. ( a ) Interference protection will be afforded to BRS and EBS on a station-by-station basis based on the heights of the stations in the LBS and UBS and also on height benchmarking, although the heights of antennas utilized are not restricted. ( b ) Height benchmarking. Height benchmarking is defined for pairs of base stations, one in each of two proximate geographic service areas (GSAs). The height benchmark, which is defined in meters (hb m ) for a particular base station relative to a base station in another GSA, is equal to the distance, in kilometers, from the base station along a radial to the nearest point on the GSA boundary of the other base station squared (D km 2 ) and then divided by 17. That is, hb ( m ) = D km 2 /17. A base station antenna will be considered to be within its applicable height benchmark relative to another base station if the height in meters of its centerline of radiation above average elevation (HAAE) calculated along the straight line between the two base stations in accordance with § 24.53(b) and (c) of this chapter does not exceed the height benchmark (hb m ). A base station antenna will be considered to exceed its applicable height benchmark relative to another base station if the HAAE of its centerline of radiation calculated along the straight line between the two base stations in accordance with § 24.53(b) and (c) of this chapter exceeds the height benchmark (hb m ). ( c ) Protection for receiving antennas not exceeding the height benchmark. Absent agreement between the two licensees to the contrary, if a transmitting antenna of one BRS/EBS licensee's base station exceeds its applicable height benchmark and such licensee is notified by another BRS/EBS licensee that it is generating an undesired signal level in excess of −107 dBm/5.5 megahertz at the receiver of a co-channel base station that is within its applicable height benchmark, then the licensee of the base station that exceeds its applicable height benchmark shall either limit the undesired signal at the receiver of the protected base station to −107dBm/5.5 megahertz or less or reduce the height of its transmission antenna to no more than the height benchmark. If the interfering base station has been modified to increase the EIRP transmitted in the direction of the protected base station, it shall be deemed to have commenced operations on the date of such modification. Such corrective action shall be completed no later than: ( i ) 24 hours after receiving such notification, if the base station that exceeds its height benchmark commenced operations after the station that is within its applicable height benchmark; or ( ii ) 90 days after receiving such notification, if the base station that exceeds its height commenced operations prior to the station that is within its applicable height benchmark. For purposes of this section, if the interfering base station has been modified to increase the EIRP transmitted in the direction of the victim base station, it shall be deemed to have commenced operations on the date of such modification. ( d ) No Protection from a transmitting antenna not exceeding the height benchmark. The licensee of a base station transmitting antenna less than or equal to its applicable height benchmark shall not be required pursuant to paragraph (c) of this section to limit that antennas undesired signal level to −107dBm/5.5 megahertz or less at the receiver of any co-channel base station. ( e ) No protection for a receiving-antenna exceeding the height benchmark. The licensee of a base station receive antenna that exceeds its applicable height benchmark shall not be entitled pursuant to paragraph (c) of this section to insist that any co-channel base station limit its undesired signal level to −107dBm/5.5 megahertz or less at the receiver. ( f ) Information exchange. A BRS/EBS licensee shall provide the geographic coordinates, the height above ground level of the center of radiation for each transmit and receive antenna, and the date transmissions commenced for each of the base stations in its GSA within 30 days of receipt of a request from a co-channel BRS/EBS licensee with an operational base station located in a proximate GSA. Information shared pursuant to this section shall not be disclosed to other parties except as required to ensure compliance with this section. [ 69 FR 72034 , Dec. 10, 2004, as amended at 70 FR 1190 , Jan. 6, 2005; 71 FR 35191 , June 19, 2006; 73 FR 26041 , May 8, 2008] § 27.1222 Operations in the 2568-2572 and 2614-2618 bands. All operations in the 2568-2572 and 2614-2618 MHz bands shall be secondary to adjacent-channel operations. Stations operating in the 2568-2572 and 2614-2618 MHz must not cause interference to licensees in operation in the LBS, MBS, and UBS and must accept any interference from any station operating in the LBS, MBS, and UBS in compliance with the rules established in this subpart. Stations operating in the 2568-2572 and 2614-2618 bands may cause interference to stations in operation in the LBS, MBS, and UBS if the affected licensees consent to such interference. Relocation Procedures for the 2150-2160/62 MHz Band Source: Sections 27.1250 through 27.1255 appear at 71 FR 29840 , May 24, 2006, unless otherwise noted. § 27.1250 Transition of the 2150-2160/62 MHz band from the Broadband Radio Service to the Advanced Wireless Service. The 2150-2160/62 MHz band has been allocated for use by the Advanced Wireless Service (AWS). The rules in this section provide for a transition period during which AWS licensees may relocate existing Broadband Radio Service (BRS) licensees using these frequencies to their assigned frequencies in the 2496-2690 MHz band or other media. ( a ) AWS licensees and BRS licensees shall engage in mandatory negotiations for the purpose of agreeing to terms under which the BRS licensees would: ( 1 ) Relocate their operations to other frequency bands or other media; or alternatively ( 2 ) Accept a sharing arrangement with the AWS licensee that may result in an otherwise impermissible level of interference to the BRS operations. ( b ) If no agreement is reached during the mandatory negotiation period, an AWS licensee may initiate involuntary relocation procedures. Under involuntary relocation, the incumbent is required to relocate, provided that the AWS licensee meets the conditions of § 27.1252 . ( c ) Relocation of BRS licensees by AWS licensees will be subject to a three-year mandatory negotiation period. BRS licensees may suspend the running of the three-year negotiation period for up to one year if the BRS licensee cannot be relocated to comparable facilities at the time the AWS licensee seeks entry into the band. § 27.1251 Mandatory negotiations. ( a ) Once mandatory negotiations have begun, a BRS licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably necessary to facilitate the relocation process. The BRS licensee is required to cooperate with an AWS licensee's request to provide access to the facilities to be relocated, other than the BRS customer location, so that an independent third party can examine the BRS system and prepare an appraisal of the costs to relocate the incumbent. In evaluating claims that a party has not negotiated in good faith, the FCC will consider, inter alia, the following factors: ( 1 ) Whether the AWS licensee has made a bona fide offer to relocate the BRS licensee to comparable facilities in accordance with § 27.1252(b) ; ( 2 ) If the BRS licensee has demanded a premium, the type of premium requested ( e.g. , whether the premium is directly related to relocation, such as analog-to-digital conversions, versus other types of premiums), and whether the value of the premium as compared to the cost of providing comparable facilities is disproportionate ( i.e. , whether there is a lack of proportion or relation between the two); ( 3 ) What steps the parties have taken to determine the actual cost of relocation to comparable facilities; ( 4 ) Whether either party has withheld information requested by the other party that is necessary to estimate relocation costs or to facilitate the relocation process. ( b ) Any party alleging a violation of our good faith requirement must attach an independent estimate of the relocation costs in question to any documentation filed with the Commission in support of its claim. An independent cost estimate must include a specification for the comparable facility and a statement of the costs associated with providing that facility to the incumbent licensee. ( c ) Mandatory negotiations will commence for each BRS licensee when the AWS licensee informs the BRS licensee in writing of its desire to negotiate. Mandatory negotiations will be conducted with the goal of providing the BRS licensee with comparable facilities, defined as facilities possessing the following characteristics: ( 1 ) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. System is defined as a base station and all end user units served by that base station. If analog facilities are being replaced with analog, comparable facilities may provide a comparable number of channels. If digital facilities are being replaced with digital, comparable facilities provide equivalent data loading bits per second (bps). ( 2 ) Reliability. System reliability is the degree to which information is transferred accurately within a system. Comparable facilities provide reliability equal to the overall reliability of the BRS system. For digital systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital video transmission, it is measured by whether the end-to-end transmission delay is within the required delay bound. If an analog system is replaced with a digital system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its reliability will be considered in determining comparable reliability. ( 3 ) Operating Costs. Operating costs are the cost to operate and maintain the BRS system. AWS licensees would compensate BRS licensees for any increased recurring costs associated with the replacement facilities ( e.g. , additional rental payments, and increased utility fees) for five years after relocation. AWS licensees could satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the BRS licensee would be equivalent to the replaced system in order for the replacement system to be comparable. ( d ) AWS licensees are responsible for the relocation costs of end user units served by the BRS base station that is being relocated. If a lessee is operating under a BRS license, the BRS licensee may rely on the throughput, reliability, and operating costs of facilities in use by a lessee in negotiating comparable facilities and may include the lessee in negotiations. § 27.1252 Involuntary relocation procedures. ( a ) If no agreement is reached during the mandatory negotiation period, an AWS licensee may initiate involuntary relocation procedures under the Commission's rules. AWS licensees are obligated to pay to relocate BRS systems to which the AWS system poses an interference problem. Under involuntary relocation, the BRS licensee is required to relocate, provided that the AWS licensee: ( 1 ) Guarantees payment of relocation costs, including all engineering, equipment, site and FCC fees, as well as any legitimate and prudent transaction expenses incurred by the BRS licensee that are directly attributable to an involuntary relocation, subject to a cap of two percent of the “hard” costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. There is no cap on the actual costs of relocation. AWS licensees are not required to pay BRS licensees for internal resources devoted to the relocation process. AWS licensees are not required to pay for transaction costs incurred by BRS licensees during the mandatory period once the involuntary period is initiated, or for fees that cannot be legitimately tied to the provision of comparable facilities; and ( 2 ) Completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are used, identifying and obtaining, on the incumbents' behalf, new microwave frequencies and frequency coordination. ( b ) Comparable facilities. The replacement system provided to an incumbent during an involuntary relocation must be at least equivalent to the existing BRS system with respect to the following three factors: ( 1 ) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. System is defined as a base station and all end user units served by that base station. If analog facilities are being replaced with analog, the AWS licensee is required to provide the BRS licensee with a comparable number of channels. If digital facilities are being replaced with digital, the AWS licensee must provide the BRS licensee with equivalent data loading bits per second (bps). AWS licensees must provide BRS licensees with enough throughput to satisfy the BRS licensee's system use at the time of relocation, not match the total capacity of the BRS system. ( 2 ) Reliability. System reliability is the degree to which information is transferred accurately within a system. AWS licensees must provide BRS licensees with reliability equal to the overall reliability of their system. For digital data systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital video transmissions, it is measured by whether the end-to-end transmission delay is within the required delay bound. ( 3 ) Operating costs. Operating costs are the cost to operate and maintain the BRS system. AWS licensees must compensate BRS licensees for any increased recurring costs associated with the replacement facilities ( e.g. , additional rental payments, increased utility fees) for five years after relocation. AWS licensees may satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the BRS licensee must be equivalent to the replaced system in order for the replacement system to be considered comparable. ( c ) AWS licensees are responsible for the relocation costs of end user units served by the BRS base station that is being relocated. If a lessee is operating under a BRS license, the AWS licensee shall on the throughput, reliability, and operating costs of facilities in use by a lessee at the time of relocation in determining comparable facilities for involuntary relocation purposes. ( d ) Twelve-month trial period. If, within one year after the relocation to new facilities, the BRS licensee demonstrates that the new facilities are not comparable to the former facilities, the AWS licensee must remedy the defects or pay to relocate the BRS licensee to one of the following: Its former or equivalent 2 GHz channels, another comparable frequency band, a land-line system, or any other facility that satisfies the requirements specified in paragraph (b) of this section. This trial period commences on the date that the BRS licensee begins full operation of the replacement system. If the BRS licensee has retained its 2 GHz authorization during the trial period, it must return the license to the Commission at the end of the twelve months. § 27.1253 Sunset provisions. ( a ) BRS licensees will maintain primary status in the 2150-2160/62 MHz band unless and until an AWS licensee requires use of the spectrum. AWS licensees are not required to pay relocation costs after the relocation rules sunset ( i.e. fifteen years from the date the first AWS license is issued in the band). Once the relocation rules sunset, an AWS licensee may require the incumbent to cease operations, provided that the AWS licensee intends to turn on a system within interference range of the incumbent, as determined by § 27.1255 . AWS licensee notification to the affected BRS licensee must be in writing and must provide the incumbent with no less than six months to vacate the spectrum. After the six-month notice period has expired, the BRS licensee must turn its license back into the Commission, unless the parties have entered into an agreement which allows the BRS licensee to continue to operate on a mutually agreed upon basis. ( b ) If the parties cannot agree on a schedule or an alternative arrangement, requests for extension will be accepted and reviewed on a case-by-case basis. The Commission will grant such extensions only if the incumbent can demonstrate that: ( 1 ) It cannot relocate within the six-month period ( e.g. , because no alternative spectrum or other reasonable option is available); and ( 2 ) The public interest would be harmed if the incumbent is forced to terminate operations. § 27.1254 Eligibility. ( a ) BRS licensees with primary status in the 2150-2162 MHz band as of June 23, 2006, will be eligible for relocation insofar as they have facilities that are constructed and in use as of this date. ( b ) Future licensing and modifications. After June 23, 2006, all major modifications to existing BRS systems in use in the 2150-2160/62 MHz band will be authorized on a secondary basis to AWS systems, unless the incumbent affirmatively justifies primary status and the incumbent BRS licensee establishes that the modification would not add to the relocation costs of AWS licensees. Major modifications include the following: ( 1 ) Additions of new transmit sites or base stations made after June 23, 2006; ( 2 ) Changes to existing facilities made after June 23, 2006, that would increase the size or coverage of the service area, or interference potential, and that would also increase the throughput of an existing system ( e.g. , sector splits in the antenna system). Modifications to fully utilize the existing throughput of existing facilities ( e.g. , to add customers) will not be considered major modifications even if such changes increase the size or coverage of the service area, or interference potential. § 27.1255 Relocation criteria for Broadband Radio Service licensees in the 2150-2160/62 MHz band. ( a ) An AWS licensee in the 2150-2160/62 MHz band, prior to initiating operations from any base or fixed station that is co-channel to the 2150-2160/62 MHz band, must relocate any incumbent BRS system that is within the line of sight of the AWS licensee's base or fixed station. For purposes of this section, a determination of whether an AWS facility is within the line of sight of a BRS system will be made as follows: ( 1 ) For a BRS system using the 2150-2160/62 MHz band exclusively to provide one-way transmissions to subscribers, the AWS licensee will determine whether there is an unobstructed signal path (line of sight) to the incumbent licensee's geographic service area (GSA), based on the following criteria: use of 9.1 meters (30 feet) for the receiving antenna height, use of the actual transmitting antenna height and terrain elevation, and assumption of 4/3 Earth radius propagation conditions. Terrain elevation data must be obtained from the U.S. Geological Survey (USGS) 3-second database. All coordinates used in carrying out the required analysis shall be based upon use of NAD-83. ( 2 ) For all other BRS systems using the 2150-2160/62 MHz band, the AWS licensee will determine whether there is an unobstructed signal path (line of sight) to the incumbent licensee's receive station hub using the method prescribed in “Methods for Predicting Interference from Response Station Transmitters and to Response Station Hubs and for Supplying Data on Response Station Systems. MM Docket 97-217,” in Amendment of Parts 1, 21 and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way Transmissions, MM Docket No. 97-217, Report and Order on Further Reconsideration and Further Notice of Proposed Rulemaking, 15 FCC Rcd 14566 at 14610, Appendix D. ( b ) Any AWS licensee in the 2110-2180 MHz band that causes actual and demonstrable interference to a BRS licensee in the 2150-2160/62 MHz band must take steps to eliminate the harmful interference, up to and including relocation of the BRS licensee, regardless of whether it would be required to do so under paragraph (a) , of this section. Subpart N—600 MHz Band Source: 79 FR 48539 , Aug. 15, 2014, unless otherwise noted. Competitive Bidding Provisions § 27.1300 600 MHz band subject to competitive bidding. As required by section 6403(c) of the Spectrum Act, applications for 600 MHz band initial licenses are subject to competitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q will apply unless otherwise provided in this subpart. § 27.1301 Designated entities in the 600 MHz band. ( a ) Small business. ( 1 ) A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $55 million for the preceding three (3) years. ( 2 ) A very small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $20 million for the preceding three ( 3 ) years. ( b ) Eligible rural service provider. For purposes of this section, an eligible rural service provider is an entity that meets the criteria specified in § 1.2110(f)(4) of this chapter . ( c ) Bidding credits. ( 1 ) A winning bidder that qualifies as a small business as defined in this section or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(i)(C) of this chapter . A winning bidder that qualifies as a very small business as defined in this section or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(i)(B) of this chapter . ( 2 ) An entity that qualifies as eligible rural service provider or a consortium of rural service providers may use the bidding credit specified in § 1.2110(f)(4) of this chapter . [ 80 FR 56817 , Sept. 18, 2015] Coordination/Notification Requirements § 27.1320 Notification to white space database administrators. To receive interference protection, 600 MHz licensees shall notify one of the white space database administrators of the areas where they have commenced operation pursuant to §§ 15.713(j)(10) and 15.715(n) of this chapter . [ 80 FR 73085 , Nov. 23, 2015] § 27.1321 Requirements for operation of base and fixed stations in the 600 MHz downlink band in close proximity to Radio Astronomy Observatories. ( a ) Licensees must make reasonable efforts to protect the radio astronomy observatory at Green Bank, WV, Arecibo, PR, and those identified in § 15.712(h)(3) of this chapter as part of the Very Long Baseline Array (VLBA) from interference. ( b ) 600 MHz band base and fixed stations in the 600 MHz downlink band within 25 kilometers of VLBA observatories are subject to coordination with the National Science Foundation (NSF) prior to commencing operations. The appropriate NSF contact point to initiate coordination is: Division of Astronomical Sciences, Electromagnetic Spectrum Management Unit, 2415 Eisenhower Avenue, Alexandria, VA 22314; Email: esm@nsf.gov . ( c ) Any licensee that intends to operate base and fixed stations in the 600 MHz downlink band in locations near the Radio Astronomy Observatory site located in Green Bank, Pocahontas County, West Virginia, or near the Arecibo Observatory in Puerto Rico, must comply with the provisions in § 1.924 of this chapter . [ 79 FR 48538 , Aug. 15, 2014. Redesignated at 81 FR 4975 , Jan. 29, 2016; 85 FR 38740 , June 26, 2020] Subpart O—3.7 GHz Service (3700-3980 MHz) Source: 85 FR 22882 , Apr. 23, 2020, unless otherwise noted. § 27.1401 Licenses in the 3.7 GHz Service are subject to competitive bidding. Mutually exclusive initial applications for licenses in the 3.7 GHz Service are subject to competitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q , will apply unless otherwise provided in this subpart. § 27.1402 Designated entities in the 3.7 GHz Service. ( a ) Eligibility for small business provisions — ( 1 ) Definitions — ( i ) Small business. A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $55 million for the preceding five (5) years. ( ii ) Very small business. A very small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $20 million for the preceding five (5) years. ( 2 ) Bidding credits. A winning bidder that qualifies as a small business, as defined in this section, or a consortium of such small businesses as provided in § 1.2110(c)(6) of this chapter , may use a bidding credit of 15 percent, subject to the cap specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of such very small businesses as provided in § 1.2110(c)(6) of this chapter , may use a bidding credit of 25 percent, subject to the cap specified in § 1.2110(f)(2)(ii) of this chapter . ( b ) Eligibility for rural service provider bidding credit. A rural service provider, as defined in § 1.2110(f)(4)(i) of this chapter , that has not claimed a small business bidding credit may use the bidding credit of 15 percent specified in § 1.2110(f)(4) of this chapter . § 27.1411 Transition of the 3700-3980 MHz band to the 3.7 GHz Service. ( a ) Transition of the 3700-3798 MHz Band. The 3700-3980 MHz band is being transitioned in the lower 48 contiguous states and the District of Columbia from geostationary satellite orbit (GSO) fixed-satellite service (space-to-Earth) and fixed service operations to the 3.7 GHz Service. ( b ) Definitions — ( 1 ) Incumbent space station operator. An incumbent space station operator is defined as a space station operator authorized to provide C-band service to any part of the contiguous United States pursuant to an FCC-issued license or grant of market access as of June 21, 2018. ( 2 ) Eligible space station operator. For purposes of determining eligibility to receive reimbursement for relocation costs incurred as a result of the transition of FSS operations to the 4000-4200 MHz band, an eligible space station operators may receive reimbursement for relocation costs incurred as a result of the transition of FSS operations to the 4000-4200 MHz band. An eligible space station operator is defined as an incumbent space station operator that has demonstrated as of February 1, 2020, that it has an existing relationship to provide service via C-band satellite transmission to one or more incumbent earth stations in the contiguous United States. Such existing relationships may be directly with the incumbent earth station, or indirectly through content distributors or other entities, so long as the relationship requires the provision of C-band satellite services to one or more specific incumbent earth stations in the contiguous United States. ( 3 ) Incumbent earth station. An incumbent earth station for this subpart is defined as an earth station that is entitled to interference protection pursuant to § 25.138(c) of this chapter . An incumbent earth station must transition above 4000 MHz pursuant to this subpart. An incumbent earth station will be able to continue receiving uninterrupted service both during and after the transition. ( 4 ) Earth station migration. Earth station migration includes any necessary changes that allow the uninterrupted reception of service by an incumbent earth station on new frequencies in the upper portion of the band, including, but not limited to retuning and repointing antennas, “dual illumination” during which the same programming is simultaneously downlinked over the original and new frequencies, and the installation of new equipment or software at earth station uplink and/or downlink locations for customers identified for technology upgrades necessary to facilitate the repack, such as compression technology or modulation. ( 5 ) Earth station filtering. A passband filter must be installed at the site of each incumbent earth station at the same time or after it has been migrated to new frequencies to block signals from adjacent channels and to prevent harmful interference from licensees in the 3.7 GHz Service. Earth station filtering can occur either simultaneously with, or after, the earth station migration, or can occur at any point after the earth station migration so long as all affected earth stations in a given Partial Economic Area and surrounding areas are filtered prior to a licensee in the 3.7 GHz Service commencing operations. ( 6 ) Contiguous United States (CONUS). For the purposes of the rules established in this subpart, contiguous United States consists of the contiguous 48 states and the District of Columbia as defined by Partial Economic Areas Nos. 1-41, 43-211, 213-263, 265-297, 299-359, and 361-411, which includes areas within 12 nautical miles of the U.S. Gulf coastline ( see § 27.6(m) ). In this context, the rest of the United States includes the Honolulu, Anchorage, Kodiak, Fairbanks, Juneau, Puerto Rico, Guam-Northern Mariana Islands, U.S. Virgin Islands, American Samoa, and the Gulf of Mexico PEAs. ( 7 ) Relocation Payment Clearinghouse. A Relocation Payment Clearinghouse is a neutral, independent third-party to administer the cost management for the transition of the 3700-4000 MHz band from the Fixed Satellite Service and Fixed Service to the 3.7 GHz Service. ( 8 ) Relocation Coordinator. A Relocation Coordinator is a third party that will ensure that all incumbent space station operators are relocating in a timely matter, and that is selected consistent with § 27.1413 . The Relocation Coordinator will have technical experience in understanding and working on earth stations and will manage the migration and filtering of incumbent earth stations of eligible space station operators that decline accelerated relocation payment. § 27.1412 Transition Plan. ( a ) Relocation deadlines. Eligible space station operators are responsible for all necessary actions to clear their transponders from the 3700-4000 MHz band ( e.g., launching new satellites, reprogramming transponders, exchanging customers) and to migrate the existing services of incumbent earth stations in CONUS to the 4000-4200 MHz band (unless the incumbent earth station opts out of the formal relocation process, per paragraph (e) of this section), as of December 5, 2025. Eligible space station operators that fail to do so will be in violation of the conditions of their license authorization and potentially subject to forfeitures and other sanctions. ( b ) Accelerated relocation deadlines. An eligible space station operator shall qualify for accelerated relocation payments by completing an early transition of the band to the 3.7 GHz Service. ( 1 ) Phase I deadline. An eligible space station operator shall receive an accelerated relocation payment if it clears its transponders from the 3700-3820 MHz band and migrates all associated incumbent earth stations in CONUS above 3820 MHz no later than December 5, 2021 (Phase I deadline). To satisfy the Phase I deadline, an eligible space station operator must also provide passband filters to block signals from the 3700-3820 MHz band on all associated incumbent earth stations in PEAs 1-4, 6-10, 12-19, 21-41, and 43-50 no later than December 5, 2021 (see § 27.6(m) ). If an eligible space station operator receives an accelerated relocation payment for meeting this deadline, it must also satisfy the second early clearing deadline of December 5, 2023. ( 2 ) Phase II deadline. An eligible space station operator shall receive an accelerated relocation payment if it clears its transponders from the 3700-4000 MHz band and migrates incumbent earth stations in CONUS above 4000 MHz no later than December 5, 2023 (Phase II deadline). To satisfy the Phase II deadline, an eligible space station operator must also provide passband filters on all associated incumbent earth stations in CONUS no later than December 5, 2023. ( 3 ) Transition delays. An eligible space station operator shall not be held responsible for circumstances beyond their control related to earth station migration or filtering. ( i ) An eligible space station operator must submit a notice of any incumbent earth station transition delays to the Wireless Telecommunications Bureau within 7 days of discovering an inability to accomplish the assigned earth station transition task. Such a request must include supporting documentation to allow for resolution as soon as practicable and must be submitted before the accelerated relocation deadlines. ( ii ) [Reserved] ( 4 ) Responsibility for meeting accelerated relocation deadlines. An eligible space station operator's satisfaction of the accelerated relocation deadlines shall be determined on an individual basis. ( c ) Accelerated relocation election. An eligible space station operator may elect to receive accelerated relocation payments to transition the 3700-4000 MHz band to the 3.7 GHz Service according to the Phase I and Phase II deadlines via a written commitment by filing an accelerated relocation election in GN Docket No. 18-122 no later than May 29, 2020. ( 1 ) The Wireless Telecommunications Bureau will prescribe the precise form of such election via Public Notice no later than May 12, 2020. ( 2 ) Each eligible space station operator that that makes an accelerated relocation election will be required, as part of its filing of this accelerated relocation election, to commit to paying the administrative costs of the Clearinghouse until the Commission awards licenses to the winning bidders in the auction, at which time those administrative costs will be repaid to those space station operators. ( d ) Transition Plan. Eligible space station operators must file with the Commission in GN Docket No. 18-122 no later than June 12, 2020, a Transition Plan that describes the actions that must be taken to clear transponders on space stations and to migrate and filter earth stations. Eligible space station operators must make any necessary updates or resolve any deficiencies in their individual Transition Plans by August 14, 2020. ( 1 ) The Transition Plan must detail the eligible space station operator's individual timeline and necessary actions for clearing its transponders from the 3700-4000 MHz band, including: ( i ) All existing space stations with operations that will need to be transitioned to operations above 4000 MHz; ( ii ) The number of new satellites, if any, that the space station operator will need to launch in order to maintain sufficient capacity post-transition, including detailed descriptions of why such new satellites are necessary; ( iii ) The specific grooming plan for migrating existing services above 4000 MHz, including the pre- and post-transition frequencies that each customer will occupy; ( iv ) Any necessary technology upgrades or other solutions, such as video compression or modulation, that the space station operator intends to implement; ( v ) The number and location of incumbent earth stations antennas currently receiving the space station operator's transmissions that will need to be transitioned above 4000 MHz; ( vi ) An estimate of the number and location of incumbent earth station antennas that will require retuning and/or repointing in order to receive content on new transponder frequencies post-transition; and ( vii ) The specific timeline by which the space station operator will implement the actions described in its plan including any commitments to satisfy an early clearing. ( 2 ) To the extent that incumbent earth stations are not accounted for in eligible space station operators' Transition Plans, the Relocation Coordinator must prepare an Earth Station Transition Plan for such incumbent earth stations and may require each associated space station operator to file the information needed for such a plan with the Relocation Coordinator. ( i ) Where space station operators do not elect to clear by the accelerated relocation deadlines and therefore are not responsible for earth station relocation, the Earth Station Transition Plan must provide timelines that ensure all earth station relocation is completed no later than the relocation deadline. ( ii ) The Relocation Coordinator will describe and recommend the respective responsibility of each party for earth station migration and filtering obligations in the Earth Station Transition Plan and assist incumbent earth stations in transitioning including, for example, by installing filters or hiring a third party to install such filters to the extent necessary. ( e ) Incumbent earth station opt-out. An incumbent earth station within the contiguous United States may opt out of the formal relocation process and accept a lump sum payment equal to the estimated reasonable transition costs of earth station migration and filtering, as determined by the Wireless Telecommunications Bureau, in lieu of actual relocation costs. Such an incumbent earth station is responsible for coordinating with the relevant space station operator as necessary and performing all relocation actions on its own, including switching to alternative transmission mechanisms such as fiber, and it will not receive further reimbursement for any costs exceeding the lump sum payment. An incumbent earth station electing to opt out must inform the appropriate space station operator(s) and the Relocation Coordinator that earth station migration and filtering will not be necessary for the relevant earth station site and must coordinate with operators to avoid any disruption of video and radio programming. ( f ) Space station status reports. On a quarterly basis, beginning December 31, 2020: Each eligible space station operator must provide a status report of its clearing efforts. Eligible space station operators may file joint status reports. ( g ) Certification of accelerated relocation. Each eligible space station operator must file a timely certification that it has completed the necessary clearing actions to satisfy each accelerated relocation deadline. The certification must be filed once the eligible space station operator completes its obligations but no later than the applicable accelerated relocation deadline. The Wireless Telecommunication Bureau will prescribe the form of such certification. ( 1 ) The Bureau, Clearinghouse, and relevant stakeholders will have the opportunity to review the certification of accelerated relocation and identify potential deficiencies. The Wireless Telecommunications Bureau will prescribe the form of any challenges by relevant stakeholders as to the validity of the certification and will establish the process for how such challenges will impact the incremental decreases in the accelerated relocation payment as set- forth in § 27.1422(d) . ( 2 ) If credible challenges as to the space station operator's satisfaction of the relevant deadline are made, the Bureau will issue a public notice identifying such challenges and will render a final decision as to the validity of the certification no later than 60 days from its filing. Absent notice from the Bureau of any such deficiencies within 30 days of the filing of the certification, the certification of accelerated relocation will be deemed validated. ( h ) Delegated authority. The Wireless Telecommunications Bureau is delegated the role of providing clarifications or interpretations to eligible space station operators of the Commission's orders for all aspects of the transition. § 27.1413 Relocation Coordinator. ( a ) Search committee. If eligible space station operators elect to receive accelerated relocation payments no later than May 29, 2020, so that a supermajority (80%) of accelerated relocation payments are accepted, each such electing eligible space station operator shall be eligible to appoint one member to a search committee that will seek proposals for a third-party with technical experience in understanding and working on earth stations to serve as a Relocation Coordinator and to manage the migration and filtering of incumbent earth stations of eligible space station operators that decline accelerated relocation payment. ( 1 ) The search committee should proceed by consensus; however, if a vote on selection of a Relocation Coordinator is required, it shall be by a supermajority (80%). ( i ) The search committee shall notify the Commission of its choice of Relocation Coordinator. ( ii ) The Wireless Telecommunications Bureau shall issue a Public Notice inviting comment on whether the entity selected satisfies the criteria established in paragraph (b) of this section and issue a final order announcing whether the criteria has been satisfied; ( iii ) Should the Wireless Telecommunications Bureau be unable to find the criteria have been satisfied, the selection process will start over and the search committee will submit a new proposed entity. ( 2 ) If eligible space station operators select a Relocation Coordinator, they shall be responsible for paying its costs. ( 3 ) In the event that the search committee fails to select a Relocation Coordinator and to notify the Commission by July 31, 2020, or in the case that at least 80% of accelerated relocation payments are not accepted (and thus accelerated relocation is not triggered): ( i ) The search committee will be dissolved without further action by the Commission. ( ii ) The Commission will initiate a procurement of a Relocation Coordinator to facilitate the transition. Specifically, the Office of the Managing Director will initiate the procurement, and the Wireless Telecommunications Bureau will take all other necessary actions to meet the accelerated relocation deadlines (to the extent applicable to any given operator) and the relocation deadline. ( iii ) In the case that the Wireless Telecommunications Bureau selects the Relocation Coordinator, overlay licensees will, collectively, pay for the services of the Relocation Coordinator and staff. The Relocation Coordinator shall submit its own reasonable costs to the Relocation Clearinghouse, who will then collect payments from overlay licensees. It shall also provide additional financial information as requested by the Bureau to satisfy the Commission's oversight responsibilities and/or agency specific/government-wide reporting obligations. ( b ) Relocation Coordinator criteria. The Relocation Coordinator must be able to demonstrate that it has the requisite expertise to perform the duties required, which will include: ( 1 ) Coordinating the schedule for clearing the band; ( 2 ) Performing engineering analysis, as necessary to determine necessary earth station migration actions; ( 3 ) Assigning obligations, as necessary, for earth station migrations and filtering; ( 4 ) Coordinating with overlay licensees throughout the transition process; ( 5 ) Assessing the completion of the transition in each PEA and determining overlay licensees' ability to commence operations; and ( 6 ) Mediating scheduling disputes. ( c ) Relocation Coordinator duties. The Relocation Coordinator shall: ( 1 ) Establish a timeline and take actions necessary to migrate and filter incumbent earth stations to ensure uninterrupted service during and following the transition. ( 2 ) Review the Transition Plans filed by all eligible space station operators and recommend any changes to those plans to the Commission to the extent needed to ensure a timely transition. ( 3 ) To the extent that incumbent earth stations are not accounted for in eligible space station operators' Transition Plans, the Relocation Coordinator must include those incumbent earth stations in an Earth Station Transition Plan. ( i ) May require each associated space station operator to file the information needed for such a plan with the Relocation Coordinator. ( ii ) Will describe and recommend the respective responsibility of each party for earth station migration obligations in the Earth Station Transition Plan and assist incumbent earth stations in transitioning including, for example, by installing filters or hiring a third party to install such filters to the extent necessary. ( 4 ) Coordinate its operations with overlay licensees. ( 5 ) Be responsible for receiving notice from earth station operators or other satellite customers of any disputes related to comparability of facilities, workmanship, or preservation of service during the transition and shall subsequently notify the Wireless Telecommunications Bureau of the dispute and provide recommendations for resolution. ( 6 ) Must make real time disclosures of the content and timing of and the parties to communications, if any, from or to applicants to participate in the competitive bidding, as defined by § 1.2105(c)(5)(i) of this chapter whenever the prohibition in § 1.2105(c) of this chapter applies to competitive bidding for licenses in the 3.7 GHz Service. ( 7 ) Incumbent space station operators must cooperate in good faith with the Relocation Coordinator throughout the transition. ( d ) Status reports. On a quarterly basis, beginning December 31, 2020, the Relocation Coordinator must provide a report on the overall status of clearing efforts. ( e ) Document requests. The Wireless Telecommunications Bureau, in consultation with the Office of Managing Director, may request any documentation from the Relocation Coordinator necessary to provide guidance or carry out oversight. § 27.1414 Relocation Payment Clearinghouse. A Relocation Payment Clearinghouse shall be selected and serve to administer the cost-related aspects of the transition in a fair, transparent manner, pursuant to Commission rules and oversight, to mitigate financial disputes among stakeholders, and to collect and distribute payments in a timely manner for the transition of the 3700-4000 MHz band to the 3.7 GHz Service. ( a ) Selection process. ( 1 ) A search committee will select the Relocation Payment Clearinghouse. The search committee shall consist of member appointed by each of following nine entities: ACA Connects, Intelsat, SES, Eutelsat S.A., National Association Broadcasters, National Cable Television Association, CTIA, Competitive Carriers Association, and WISPA. ( 2 ) The search committee shall convene no later than June 22, 2020 and shall notify the Commission of the detailed selection criteria for the position of Relocation Payment Clearinghouse no later than June 1, 2020. Such criteria must be consistent with the qualifications, roles, and duties of the Relocation Payment Clearinghouse specified in this subpart. The Wireless Telecommunications Bureau (Bureau) is directed, on delegated authority, to issue a Public Notice notifying the public that the search committee has published criteria, outlining submission requirements, and providing the closing dates for the selection of the Relocation Payment Clearinghouse and source ( i.e., web page). ( 3 ) The search committee should proceed by consensus; however, if a vote on selection of a Relocation Payment Clearinghouse is required, it shall be by a majority. ( 4 ) In the event that the search committee fails to select a Relocation Payment Clearinghouse and to notify the Commission by July 31, 2020, the search committee will be dissolved without further action by the Commission. In the event that the search committee fails to select a Clearinghouse and to notify the Commission by July 31, 2020, two of the nine members of the search committee will be dropped therefrom by lot, and the remaining seven members of the search committee shall select a Clearinghouse by majority vote by August 14, 2020. ( 5 ) During the course of the Relocation Payment Clearinghouse's tenure, the Commission will take such measures as are necessary to ensure timely compliance, including, should it become necessary, issuing subsequent public notices to select new Relocation Payment Clearinghouses(s). ( b ) Selection criteria. ( 1 ) The Relocation Payment Clearinghouse must be a neutral, independent entity with no conflicts of interest (organizational or personal) on the part of the organization or its officers, directors, employees, contractors, or significant subcontractors. ( i ) Organizational conflicts of interest means that because of other activities or relationships with other entities, the Relocation Payment Clearinghouse, its contractors, or significant subcontractors are unable or potentially unable to render impartial services, assistance or advice; the Relocation Payment Clearinghouse's objectivity in performing its function is or might be otherwise impaired; or the Relocation Payment Clearinghouse might gain an unfair competitive advantage. ( ii ) Personal conflict of interest means a situation in which an employee, officer, or director of the Relocation Payment Clearinghouse, the Relocation Payment Clearinghouse's contractors or significant subcontractors has a financial interest, personal activity, or relationship that could impair that person's ability to act impartially and in the best interest of the transition when performing their assigned role, or is engaged in self-dealing. ( 2 ) The Relocation Payment Clearinghouse must be able to demonstrate that it has the requisite expertise to perform the duties required, which will include collecting and distributing relocation and accelerated relocation payments, auditing incoming and outgoing estimates, mitigating cost disputes among parties, and generally acting as clearinghouse. ( 3 ) The search committee should ensure that the Relocation Payment Clearinghouse meets relevant best practices and standards in its operation to ensure an effective and efficient transition. First, the Relocation Payment Clearinghouse should be required, in administering the transition, to: ( i ) Engage in strategic planning and adopt goals and metrics to evaluate its performance; ( ii ) Adopt internal controls for its operations; ( iii ) Utilize enterprise risk management practices; and ( iv ) Use best practices to protect against improper payments and to prevent fraud, waste and abuse in its handling of funds. The Relocation Payment Clearinghouse must be required to create written procedures for its operations, using the Government Accountability Office's Green Book to serve as a guide in satisfying such requirements. ( 4 ) The search committee must also ensure that the Relocation Payment Clearinghouse adopts robust privacy and data security best practices in its operations, given that it will receive and process information critical to ensuring a successful and expeditious transition. ( i ) When the prohibition in § 1.2105(c) of this chapter applies to competitive bidding for licenses in the 3.7 GHz service, the Relocation Payment Clearinghouse must make real time disclosures of the content and timing of and the parties to communications, if any, from or to applicants to participate in the competitive bidding, as defined by § 1.2105(c)(5)(i) of this chapter . ( ii ) The Relocation Payment Clearinghouse should also comply with, on an ongoing basis, all applicable laws and Federal Government guidance on privacy and information security requirements such as relevant provisions in the Federal Information Security Management Act, National Institute of Standards and Technology publications, and Office of Management and Budget guidance. ( iii ) The Relocation Payment Clearinghouse must hire a third-party firm to independently audit and verify, on an annual basis, the Relocation Payment Clearinghouse's compliance with privacy and information security requirements and to provide recommendations based on any audit findings; to correct any negative audit findings and adopt any additional practices suggested by the auditor; and to report the results to the Bureau. ( c ) Reports and information. ( 1 ) The Relocation Payment Clearinghouse must provide quarterly reports that detail the status of reimbursement funds available for clearing obligations, the relocation and accelerated relocation payments issued, the amounts collected from overlay licensees, and any certifications filed by incumbents. The reports must account for all funds spent to transition the 3.7 GHz Service Band, including the Relocation Payment Clearinghouse's own expenses, e.g., salaries and fees paid to law firms, accounting firms, and other consultants. The report shall include descriptions of any disputes and the manner in which they were resolved. ( 2 ) The Relocation Payment Clearinghouse shall provide to the Office of the Managing Director and the Wireless Telecommunications Bureau, by March 1 of each year, an audited statement of funds expended to date, including salaries and expenses of the Clearinghouse. ( 3 ) The Relocation Clearing House shall provide to the Wireless Telecommunications Bureau additional information upon request. § 27.1415 Documentation of expenses. Parties seeking reimbursement of compensable relocation costs must document their actual expenses and the Relocation Payment Clearinghouse, or a third-party on behalf of the Relocation Payment Clearinghouse, may conduct audits of entities that receive reimbursements. Entities receiving reimbursements must make available all relevant documentation upon request from the Relocation Payment Clearinghouse or its contractor. § 27.1416 Reimbursable costs. ( a ) Determining reimbursable costs. The Relocation Payment Clearinghouse shall review reimbursement requests to determine whether they are reasonable and to ensure they comply with the requirements adopted in this sub-part. The Relocation Payment Clearinghouse shall give parties the opportunity to supplement any reimbursement claims that the Relocation Payment Clearinghouse deems deficient. Reimbursement submissions that fall within the estimated range of costs in the cost category schedule issued by the Wireless Telecommunications Bureau shall be presumed reasonable. If the Relocation Payment Clearinghouse determines that the amount sought for reimbursement is unreasonable, it shall notify the party of the amount it deems eligible for reimbursement. The Wireless Telecommunications Bureau shall make further determinations related to reimbursable costs, as necessary, throughout the transition process. ( b ) Payment procedures. Following a determination of the reimbursable amount, the Relocation Payment Clearinghouse shall incorporate approved claims into invoices, which it shall issue to each licensee indicating the amount to be paid. The Relocation Payment Clearinghouse shall pay approved claims within 30 days of invoice submission. The Relocation Payment Clearinghouse shall also include its own reasonable costs in the invoices. § 27.1417 Reimbursement fund. The Relocation Payment Clearinghouse will establish and administer an account that will fund the costs for the transition of this band to the 3.7 GHz Service after an auction for the 3.7 GHz Service concludes. Licensees in the 3.7 GHz Service shall pay their pro rata share of six months' worth of estimated transition costs into a reimbursement fund, administered by the Relocation Payment Clearinghouse, shortly after the auction and then every six months until the transition is complete. The Relocation Payment Clearinghouse shall draw from the reimbursement fund to pay approved, invoiced claims, consistent with § 27.1418 . If the reimbursement fund does not have sufficient funds to pay approved claims before a six-month replenishment, the Relocation Payment Clearinghouse shall provide 3.7 GHz Service licensees with 30 days' notice of the additional pro rata shares they must contribute. At the end of the transition, the Relocation Payment Clearinghouse shall refund any unused amounts to 3.7 GHz Service licensees according to their pro rata shares. § 27.1418 Payment obligations. ( a ) Each eligible space station operator is responsible for the payment of its own satellite transition costs until the auction winners have been announced. ( b ) Licensees in the 3.7 GHz Service shall pay their pro rata share of: ( 1 ) The reasonable costs of the Relocation Payment Clearinghouse and, in the event the Wireless Telecommunications Bureau selects the Relocation Coordinator, the services of the Relocation Coordinator and its staff; ( 2 ) The actual relocation costs, provided that they are not unreasonable, for eligible space station operators and incumbent fixed service licensees; the actual transition costs, provided they are not unreasonable, associated with the necessary migration and filtering of incumbent earth stations; ( 3 ) Any lump sum payments, if elected by incumbent earth station operators in lieu of actual relocation costs; and ( 4 ) Specified accelerated relocation payments for space station operators that clear on an accelerated timeframe. Licensees in the 3.7 GHz Service shall be responsible for the full costs of space station transition, the Relocation Payment Clearinghouse, and, if selected and established by the Wireless Telecommunications Bureau, the Relocation Coordinator, based on their pro rata share of the total auction bids of each licensee's gross winning bids in the auction overall; they shall be responsible for incumbent earth station and incumbent fixed service transition costs in a Partial Economic Area based on their pro rata share of the total gross bids for that Partial Economic Area. ( c ) Following the auction, and every six months until the close of the transition, licensees in the 3.7 GHz Service shall submit their portion of estimated transition costs to a reimbursement fund, and the Relocation Payment Clearinghouse will reimburse parties incurring transition costs. If actual costs exceed estimated costs, the Relocation Payment Clearinghouse shall perform a true-up for additional funds from 3.7 GHz Service licensees. ( d ) If 3.7 GHz band license is relinquished to the Commission prior to all relocation cost reimbursements and accelerated relocation payments being paid, the remaining payments will be distributed among other similarly situated 3.7 GHz band licensees. If a new license is issued for the previously relinquished rights prior to final payments becoming due, the new 3.7 GHz band licensee will be responsible for the same pro rata share of relocation costs and accelerated relocation payments as the initial 3.7 GHz band license. If a 3.7 GHz band licensee sells its rights on the secondary market, the new 3.7 GHz band licensee will be obligated to fulfill all payment obligations associated with the license. § 27.1419 Lump sum payment for earth station opt out. The Wireless Telecommunications Bureau shall announce a lump sum that will be available per each incumbent earth station that elects to opt out from the formal relocation process, per § 27.1412(e) , as well as the process for electing lump sum payments. Incumbent earth station owners must make the lump sum payment election no later than 30 days after the Bureau announces the lump sum payment amounts, and must indicate whether each incumbent earth station for which it elects the lump sum payment will be transitioned to the upper 200 megahertz in order to maintain C-band services or will discontinue C-band services. § 27.1420 Cost-sharing formula. ( a ) For space station transition and Relocation Payment Clearinghouse costs, and in the event the Wireless Telecommunications Bureau selects a Relocation Coordinator pursuant to § 27.1413(a) , Relocation Coordinator costs, the pro rata share of each flexible-use licensee will be the sum of the final clock phase prices ( P ) for the set of all license blocks that a bidder wins divided by the total final clock phase prices for all N license blocks sold in the auction. To determine a licensee's reimbursement obligation ( RO ), that pro rata share would then be multiplied by the total eligible reimbursement costs ( RC ). Mathematically, this is represented as: ( b ) For incumbent earth stations and fixed service incumbent licensee transition costs, a flexible-use licensee's pro rata share will be determined on a PEA-specific basis, based on the final clock phase prices for the license blocks it won in each PEA. To calculate the pro rata share for incumbent earth station transition costs in a given PEA, the same formula identified in § 27.1412(a) will be used, except I is the set of licenses a bidder won in the PEA, N is the total blocks sold in the PEA and RC is the PEA-specific earth station and fixed service relocation costs. ( c ) For the Phase I accelerated relocation payments, the pro rata share of each flexible use licensee of the 3.7 to 3.8 MHz in the 46 PEAs that are cleared by December 5, 2021, will be the sum of the final clock phase prices ( P ) that the licensee won divided by the total final clock phase prices for all M license blocks sold in those 46 PEAs. To determine a licensee's RO the pro rata share would then be multiplied by the total accelerated relocation payment due for Phase I, A1. Mathematically, this is represented as: ( d ) For Phase II accelerated relocation payments, the pro rata share of each flexible use licensee will be the sum of the final clock phase prices ( P ) that the licensee won in the entire auction, divided by the total final clock phase prices for all N license blocks sold in the auction. To determine a licensee's RO the pro rata share would then be multiplied by the total accelerated relocation payment due for Phase II, A2. Mathematically, this is represented as: § 27.1421 Disputes over costs and cost-sharing. ( a ) Parties disputing a cost estimate, cost invoice, or payment or cost-sharing obligation must file an objection with the Relocation Payment Clearinghouse. ( b ) The Relocation Payment Clearinghouse may mediate any disputes regarding cost estimates or payments that may arise in the course of band reconfiguration; or refer the disputant parties to alternative dispute resolution fora. ( 1 ) Any dispute submitted to the Relocation Payment Clearinghouse, or other mediator, shall be decided within 30 days after the Relocation Payment Clearinghouse has received a submission by one party and a response from the other party. ( 2 ) Thereafter, any party may seek expedited non-binding arbitration, which must be completed within 30 days of the recommended decision or advice of the Relocation Payment Clearinghouse or other mediator. ( 3 ) The parties will share the cost of this arbitration if it is before the Relocation Payment Clearinghouse. ( c ) Should any issues still remain unresolved, they may be referred to the Bureau within ten days of recommended decision or advice of the Relocation Payment Clearinghouse or other mediator and any decision of the Relocation Payment Clearinghouse can be appealed to the Chief of the Bureau. ( 1 ) When referring an unresolved matter, the Relocation Payment Clearinghouse shall forward the entire record on any disputed issues, including such dispositions thereof that the Relocation Payment Clearinghouse has considered. ( 2 ) Upon receipt of such record and advice, the Bureau will decide the disputed issues based on the record submitted. The Bureau is directed to resolve such disputed issues or designate them for an evidentiary hearing before an Administrative Law Judge. If the Bureau decides an issue, any party to the dispute wishing to appeal the decision may do so by filing with the Commission, within ten days of the effective date of the initial decision, a Petition for de novo review; whereupon the matter will be set for an evidentiary hearing before an Administrative Law Judge. ( 3 ) Parties seeking de novo review of a decision by the Bureau are advised that, in the course of the evidentiary hearing, the Commission may require complete documentation relevant to any disputed matters; and, where necessary, and at the presiding judge's discretion, require expert engineering, economic or other reports or testimony. Parties may therefore wish to consider possibly less burdensome and expensive resolution of their disputes through means of alternative dispute resolution. § 27.1422 Accelerated relocation payment. ( a ) Eligible space station operators that meet the applicable early-clearing benchmark(s), as confirmed in their Certification of Accelerated Relocation set-forth in § 27.1412(g) , will be eligible for their respective accelerated relocation payment. ( b ) The Relocation Payment Clearinghouse will distribute the accelerated relocation payments accordingly: Table 1 to Paragraph (b) —Acclerated Relocation Payment by Operator Payment Phase I payment Phase II payment Intelsat $4,865,366,000 $1,197,842,000 $3,667,524,000 SES 3,968,133,000 976,945,000 2,991,188,000 Eutelsat 506,978,000 124,817,000 382,161,000 Telesat 344,400,000 84,790,000 259,610,000 Star One 15,124,000 3,723,000 11,401,000 Totals 9,700,001,000 2,388,117,000 7,311,884,000 ( c ) The Relocation Payment Clearinghouse shall promptly notify 3.7 GHz Service licensees following validation of the certification of accelerated relocations as set-forth in Section 27.1412(g) . 3.7 GHz Service licensees shall pay the accelerated relocation payments to the Clearinghouse within 60 days of the notice that eligible space station operators have met their respective accelerated clearing benchmark. The Clearinghouse shall disburse accelerated relocation payments to relevant space station operators within seven days of receiving the payment from overlay licensees. ( d ) For eligible space station operators that fail to meet either the Phase I or Phase II benchmarks as of the relevant accelerated relocation deadline, the accelerated relocation payment will be reduced according to the following schedule of declining accelerated relocation payments for the six months following the relevant deadline: Table 2 to Paragraph (d) Date of completion Incremental reduction (percent) Accelerated relocation payment (percent) By Deadline 100 1-30 Days Late 5 95 31-60 Days Late 5 90 61-90 Days Late 10 80 91-120 Days Late 10 70 121-150 Days Late 20 50 151-180 Days Late 20 30 181+ Days Late 30 0 § 27.1423 Protection of incumbent operations. ( a ) To protect incumbent earth stations from out-of-band emissions from fixed stations, base stations and mobiles, the power flux density (PFD) of any emissions within the 4000-4200 MHz band must not exceed −124 dBW/m 2 /MHz as measured at the earth station antenna. ( b ) To protect incumbent earth stations from blocking, the power flux density (PFD) of any emissions within the 3700-3980 MHz band must not exceed −16 dBW/m 2 /MHz as measured at the earth station antenna. ( c ) All 3.7 GHz Service licensees, prior to initiating operations from any base or fixed station, must coordinate cochannel frequency usage with all incumbent Telemetry, Tracking, and Command (TT&C) earth stations within a 70 km radius. The licensee must ensure that the aggregated power from its operations meets an interference to noise ratio (I/N) of −6 dB to the TT&C earth station receiver. A base station's operation will be defined as cochannel when any of the 3.7 GHz Service licensee's authorized frequencies are separated from the center frequency of the TT&C earth station by less than 150% of the maximum emission bandwidth in use by the TT&C earth station. ( d ) All 3.7 GHz Service licensees operating on an adjacent channel to an incumbent TT&C earth station must ensure that the aggregated power from its operations meets an interference to noise ratio (I/N) of −6 dB to the TT&C earth station receiver. ( e ) To protect incumbent TT&C earth stations from blocking, the power flux density (PFD) of any emissions within the 3700-3980 MHz band must not exceed −16 dBW/m 2 /MHz as measured at the TT&C earth station antenna. § 27.1424 Agreements between 3.7 GHz Service licensees and C-Band earth station operators. The PFD limits in § 27.1423 may be modified by the private agreement of licensees of 3.7 GHz Service and entities operating earth stations in the 4000-4200 MHz band or TT&C operations in the 3700-3980 MHz band. A licensee of the 3.7 GHz Service who is a party to such an agreement must maintain a copy of the agreement in its station files and disclose it, upon request, to prospective license assignees, transferees, or spectrum lessees, and to the Commission. Subpart P—Regulations Governing Licensing and Use of 900 MHz Broadband Service in the 897.5-900.5 MHz and 936.5-939.5 MHz Bands Source: 85 FR 43134 , July 16, 2020, unless otherwise noted. § 27.1500 Scope. This subpart sets out the regulations governing the licensing and operations of 900 MHz broadband systems operating in the 897.5-900.5/936.5-939.5 MHz band. It includes eligibility requirements and operational and technical standards for stations licensed in this band. It also supplements the rules regarding application procedures contained in part 1, subpart F of this chapter . The rules in this subpart are to be read in conjunction with the applicable requirements contained elsewhere in this part; however, in case of conflict, the provisions of this subpart shall govern with respect to licensing and operation in this frequency band. § 27.1501 Definitions. Terms used in this subpart shall have the following meanings: 900 MHz broadband. The 900 MHz broadband systems in the 897.5-900.5/936.5-939.5 MHz band licensed by the Commission pursuant to the provisions of this subpart. 900 MHz broadband licensee. An entity that holds a 900 MHz broadband license issued pursuant to this subpart. 900 MHz broadband segment. The segment of realigned 900 MHz spectrum ( i.e., the 897.5-900.5/936.5-939.5 MHz band) licensed by the Commission pursuant to the provisions of this subpart. 900 MHz narrowband segment. The segments of realigned 900 MHz spectrum ( i.e., the 896-897.5/935-936.5 MHz and 900.5-901/939.5-940 MHz bands (Paired channels 1-119 and 361-399)) designated for narrowband operations and licensed pursuant to 47 CFR part 90, subpart S . Complex system. A covered incumbent's system that consists of 45 or more functionally integrated sites. County. For purposes of this part, counties shall be defined using the United States Census Bureau's data reflecting county legal boundaries and names valid through January 1, 2017. Covered incumbent. Any 900 MHz site-based licensee in the broadband segment that is required under § 90.621(b) to be protected by a broadband licensee with a base station at any location within the county, or any 900 MHz geographic-based SMR licensee in the broadband segment whose license area completely or partially overlaps the county. Eligibility Certification. A filing made to the Commission as part of the prospective broadband licensee's application for a 900 MHz broadband license that demonstrates satisfaction of the eligibility restrictions. License area. The geographic component of a 900 MHz broadband license. A license area consists of one county. Power spectral density (PSD). The power of an emission in the frequency domain, such as in terms of ERP or EIRP, stated per unit bandwidth, e.g., watts/MHz. Site-channel. A channel licensed at a particular location. Transition plan. A filing made to the Commission as part of the prospective broadband licensee's application for a 900 MHz broadband license that includes a plan for transitioning the band in the particular county. Transitioned market. See section 90.7 of part 90 of this chapter . § 27.1502 Permanent discontinuance of 900 MHz broadband licenses. A 900 MHz broadband licensee that permanently discontinues service as defined in § 1.953 must notify the Commission of the discontinuance within 10 days by filing FCC Form 601 requesting license cancelation. An authorization will automatically terminate, without specific Commission action, if service is permanently discontinued as defined in this chapter, even if a licensee fails to file the required form requesting license cancelation. § 27.1503 Broadband license eligibility and application requirements. ( a ) Eligibility. For an applicant to be eligible for a broadband license in a county, it must: ( 1 ) Hold the licenses for more than 50% of the total amount of licensed 900 MHz SMR (site-based or geographically licensed) and B/ILT (site-based) spectrum for the relevant county including credit for spectrum included in an application to acquire or relocate covered incumbents filed with the Commission on or after March 14, 2019; ( 2 ) Hold spectrum in the broadband segment or reach an agreement to clear through acquisition or relocation, including credit for spectrum included in an application to acquire or relocate covered incumbents filed with the Commission on or after March 14, 2019, or demonstrate how it will provide interference protection to, covered incumbent licensees collectively holding licenses in the broadband segment for at least 90% of the site-channels in the county and within 70 miles of the county boundary, and geographically licensed channels where the license area completely or partially overlaps the county. To provide interference protection, an applicant may: ( i ) Protect site-based covered incumbent(s) through compliance with minimum spacing criteria set forth in § 90.621(b) of this chapter ; ( ii ) Protect site-based covered incumbent(s) through new or existing letters of concurrence agreeing to lesser base station separations as set forth in § 90.621(b) ; and/or ( iii ) Protect geographically based covered incumbent(s) through a private contractual agreement. ( 3 ) If any site of a complex system is located within the county and/or within 70 miles of the county boundary, an applicant must either hold the license for that site or reach an agreement to acquire, relocate, or protect it in order to demonstrate eligibility. ( 4 ) The applicant may use its current 900 MHz holdings in the narrowband segment to relocate covered incumbents. Spectrum used for the purpose of relocating incumbent(s) may not exceed the incumbent's current spectrum holdings in the relevant county, unless additional channels are necessary to achieve equivalent coverage and/or capacity. ( b ) Application. ( 1 ) Applications must be filed in accordance with part 1, subpart F of this chapter . ( 2 ) An applicant for a 900 MHz broadband license must submit with its application an Eligibility Certification that: ( i ) Lists the licenses the applicant holds in the 900 MHz band to demonstrate that it holds the licenses for more than 50% of the total licensed 900 MHz spectrum, whether SMR or B/ILT, for the relevant county including credit for spectrum included in an application to acquire or relocate any covered incumbents filed on or after March 14, 2019; ( ii ) A statement that it has filed a Transition Plan detailing how it holds spectrum in the broadband segment and/or has reached an agreement to clear through acquisition or relocation (including credit for spectrum included in an application to acquire or relocate covered incumbents filed with the Commission on or after March 14, 2019), or demonstrate how it will provide interference protection to, covered incumbent licensees collectively holding licenses in the broadband segment for at least 90% of the site-channels in the county and within 70 miles of the county boundary, and geographically licensed channels where the license area completely or partially overlaps the county. ( 3 ) An applicant for a 900 MHz broadband license must submit with its application a Transition Plan that provides: ( i ) A showing of one or more of the following: ( A ) Agreement by covered incumbents to relocate from the broadband segment; ( B ) Protection of site-based covered incumbents through compliance with minimum spacing criteria; ( C ) Protection of site-based covered incumbents through new or existing letters of concurrence agreeing to lesser base station separations; ( D ) Protection of geographically-based covered incumbents through private contractual agreements; and/or ( E ) Evidence that it holds licenses for the site-channels and/or geographically licensed channels. ( ii ) Descriptions of the agreements between the prospective broadband licensee and all covered incumbents collectively holding licenses for at least 90% of site-channels within the county and within 70 miles of the county boundary, and geographically licensed channels where the license area completely or partially overlaps the county. ( iii ) Descriptions in detail of all information and actions necessary to accomplish the realignment, as follows: ( A ) The applications that the parties to the agreements will file for spectrum in the narrowband segment in order to relocate or repack licensees; ( B ) A description of how the applicant will provide interference protection to, and/or acquire or relocate from the broadband segment covered incumbents collectively holding licenses for at least 90% of site-channels within 70 miles of the county and within 70 miles of the county boundary and/or evidence that it holds licenses for the site-channels and/or geographically licensed channels. ( C ) Any rule waivers or other actions necessary to implement an agreement with a covered incumbent; and ( D ) Such additional information as may be required. ( iv ) A certification from an FCC-certified frequency coordinator that the Transition Plan's representations can be implemented consistent with Commission rules. The certification must establish that the relocations proposed therein take into consideration all relevant covered incumbents and are consistent with the existing part 90 interference protection criteria if the covered incumbent is site-based, and include any private contractual agreements between the prospective broadband licensee and a geographically-licensed covered incumbent. ( 4 ) Applicants seeking to transition multiple counties may simultaneously file a single Transition Plan with each of its county-based applications. ( c ) Anti-windfall provisions. ( 1 ) The applicant must return to the Commission all of its licensed 900 MHz SMR and B/ILT spectrum, up to six megahertz, for the county in which it seeks a broadband license. The applicant will be required to file, within 15 days of filing its broadband license application, an application(s) to cancel all of its 900 MHz SMR and B/ILT spectrum, up to six megahertz, conditioned upon Commission grant of its application. ( 2 ) If the applicant relinquishes less than six megahertz of spectrum in accordance with paragraph (c)(1) of this section, then the applicant must remit an anti-windfall payment prior to the grant of the 900 MHz broadband license. Payment must be made through a monetary payment to the U.S. Treasury. § 27.1504 Mandatory relocation. ( a ) Subject to paragraph (b) of this section, broadband licensees may require mandatory relocation from the broadband segment covered incumbents' remaining site-channels in a given county and within 70 miles of the county boundary, and geographically licensed channels where the license area completely or partially overlaps the county, that were not covered by § 27.1503(a)(2) . ( b ) Complex systems are exempt from mandatory relocation. To qualify as exempt from mandatory relocation, a complex system must have at least one site (of its 45 or more functionally integrated sites) located within the county license area or within 70 miles of the county boundary. ( c ) A broadband licensee seeking to relocate a covered incumbent pursuant to this section is required to pay all reasonable relocation costs, including providing the relocated covered incumbent with comparable facilities. To be comparable, the replacement system provided to a covered incumbent during a mandatory relocation must be at least equivalent to the existing 900 MHz system with respect to the following four factors: ( 1 ) System; ( 2 ) Capacity; ( 3 ) Quality of service; and ( 4 ) Operating costs. ( d ) Having met the 90% success threshold, a 900 MHz broadband licensee seeking to trigger the mandatory relocation process shall serve notice on applicable covered incumbent(s). ( e ) Following the service of notice, a 900 MHz broadband licensee may request information from the covered incumbent reasonably required to craft its offer of comparable facilities. ( f ) We expect all parties to negotiate with the utmost “good faith” in the negotiation process. Factors relevant to a “good-faith” determination include: ( 1 ) Whether the party responsible for paying the cost of band reconfiguration has made a bona fide offer to relocate the incumbent to comparable facilities; ( 2 ) The steps the parties have taken to determine the actual cost of relocation to comparable facilities; and ( 3 ) Whether either party has unreasonably withheld information, essential to the accurate estimation of relocation costs and procedures, requested by the other party. ( g ) A party seeking Commission resolution of a dispute must submit in writing to the Chief, Wireless Telecommunications Bureau: ( 1 ) The name, address, telephone number, and email address of the 900 MHz broadband licensee or covered incumbent making the allegation; ( 2 ) The name of the 900 MHz broadband licensee or covered incumbent about which the allegation is made; ( 3 ) A complete statement of the facts supporting the broadband licensee's or incumbent's claim; and ( 4 ) The specific relief sought. ( h ) If an incumbent fails to negotiate in good faith, its facilities may be mandatorily relocated, and its license modified accordingly by the Commission pursuant to section 316 of the Act. If the Wireless Telecommunications Bureau finds bad faith on the part of the broadband licensee, the broadband licensee may lose the right to relocate the incumbent or the Wireless Telecommunications Bureau may refer the matter to the Enforcement Bureau for action (which could include a range of sanctions, such as imposition of forfeitures). § 27.1505 Performance requirements. ( a ) 900 MHz broadband licensees shall demonstrate compliance with performance requirements by filing a construction notification with the Commission, within 15 days of the expiration of the applicable benchmark, in accordance with the provisions set forth in § 1.946(d) of this chapter . ( 1 ) The licensee must certify whether it has met the applicable performance requirements. The licensee must file a description and certification of the areas for which it is providing service. The construction notifications must include electronic coverage maps and supporting technical documentation regarding the type of service it is providing for each licensed area within its service territory and the type of technology used to provide such service, and certify the accuracy of such documentation. Supporting documentation must include the assumptions used to create the coverage maps, including the propagation model and the signal strength necessary to provide reliable service with the licensee's technology. ( 2 ) To demonstrate compliance with the population coverage requirement, licensees shall use the most recently available decennial U.S. Census Bureau data at the time of measurement and shall base their measurements of population served on areas no larger than the Census Tract level. The population within a specific Census Tract (or other acceptable identifier) will be deemed served by the licensee only if it provides reliable signal coverage to and offers service within the specific Census Tract (or other acceptable identifier). To the extent the Census Tract (or other acceptable identifier) extends beyond the boundaries of a license area, a licensee with authorizations for such areas may include only the population within the Census Tract (or other acceptable identifier) towards meeting the performance requirement of a single, individual license. ( b ) A 900 MHz broadband licensee must meet either a population coverage requirement or geographic coverage as follows: ( 1 ) Population metric. ( i ) A 900 MHz broadband licensee shall provide reliable signal coverage and offer broadband service to at least 45% of the population in its license area within six years of license grant. ( ii ) A 900 MHz broadband licensee shall provide reliable signal coverage and offer broadband service to at least 80% of the population in its license area within 12 years of license grant. ( 2 ) Geographic coverage. Alternatively, a 900 MHz broadband licensee may: ( i ) Demonstrate it provides reliable signal coverage and offers broadband service covering at least 25% of the geographic license area within six years of license grant. ( ii ) Demonstrate it provides reliable signal coverage and offers broadband service covering at least 50% of the geographic license area within twelve years of license grant. ( c ) Penalties. ( 1 ) If a 900 MHz broadband licensee fails to meet the first performance benchmark, we require the licensee to meet the final performance benchmark two years sooner ( i.e., at 10 years into the license term) and reduce the license term from 15 years to 13 years. ( 2 ) If a 900 MHz broadband licensee fails to meet the final performance benchmark, its authorization for that license area will terminate automatically without Commission action. ( d ) License renewal. After satisfying the 12-year, final performance benchmark, a licensee must continue to provide coverage and offer broadband service at or above that level for the remaining three years of the 15-year license term in order to warrant license renewal. § 27.1506 Frequencies. The 897.5-900.5 MHz and 936.5-939.5 MHz band segments are available for licensing with an authorized bandwidth up to 3 megahertz paired channels. The 897.5-900.5 MHz segment must only be used for uplink transmissions. The 936.5-939.5 MHz segments must only be used for downlink transmissions. § 27.1507 Effective radiated power limits for 900 MHz broadband systems. ( a ) Maximum ERP. The power limits specified in this section are applicable to operations in areas more than 110 km (68.4 miles) from the U.S./Mexico border and 140 km (87 miles) from the U.S./Canada border. ( 1 ) General limit. ( i ) The ERP for base and repeater stations must not exceed 400 watts/megahertz power spectral density (PSD) per sector and an antenna height of 304 m height above average terrain (HAAT), except that antenna heights greater than 304 m HAAT are permitted if power levels are reduced below 400 watts/megahertz ERP in accordance with Table 1 of this section. ( ii ) Provided that they also comply with paragraphs (b) and (c) of this section, licensees are permitted to operate base and repeater stations with up to a maximum ERP of 1000 watts/megahertz power spectral density (PSD) per sector and an antenna height of 304 m height above average terrain (HAAT), except that antenna heights greater than 304 m HAAT are permitted if power levels are reduced below 1000 watts/megahertz ERP in accordance with Table 2 of this section. ( 2 ) Rural areas. For systems that are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census: ( i ) The ERP for base and repeater stations must not exceed 800 watts/megahertz power spectral density (PSD) per sector and an antenna height of 304 m height above average terrain (HAAT), except that antenna heights greater than 304 m HAAT are permitted if power levels are reduced below 800 watts/megahertz ERP in accordance with Table 3 of this section. ( ii ) Provided that they also comply with paragraphs (b) and (c) of this section, base and repeater stations may operate with up to a maximum ERP of 2000 watts/megahertz power spectral density (PSD) per sector and an antenna height of 304 m height above average terrain (HAAT), except that antenna heights greater than 304 m HAAT are permitted if power levels are reduced below 2000 watts/megahertz ERP in accordance with Table 4 of this section. ( 3 ) Mobile, control and auxiliary test stations. Mobile, control and auxiliary test stations must not exceed 10 watts ERP. ( 4 ) Portable stations. Portable stations must not exceed 3 watts ERP. ( b ) Power flux density (PFD). Each 900 MHz broadband base or repeater station that exceeds the ERP limit of paragraph (a)(1)(i) or (a)(2)(i) of this section must be designed and deployed so as not to exceed a modeled PFD of 3000 microwatts/m 2 /MHz over at least 98% of the area within 1 km of the base or repeater station antenna, at 1.6 meters above ground level. To ensure compliance with this requirement, the licensee must perform predictive modeling of the PFD values within at least 1 km of each base or repeater station antenna prior to commencing such operations and, thereafter, prior to making any site modifications that may increase the PFD levels around the base or repeater station. The modeling must take into consideration terrain and other local conditions and must use good engineering practices for the 900 MHz band. ( c ) Power measurement. Measurement of 900 MHz broadband base transmitter and repeater ERP must be made using an average power measurement technique. Power measurements for base transmitters and repeaters must be made in accordance with either of the following: ( 1 ) A Commission-approved average power technique (see FCC Laboratory's Knowledge Database); or ( 2 ) For purposes of this section, peak transmit power must be measured over an interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. ( d ) PAR limit. The peak-to-average ratio (PAR) of the transmission must not exceed 13 dB. ( e ) Height-power limit. As specified in paragraph (a) of this section, the following tables specify the maximum base station power for antenna heights above average terrain (HAAT) that exceed 304 meters. Table 1 to § 27.1507 —Permissible Power and Antenna Heights for Base Stations and Repeaters Permitted To Transmit With Up to 400 Watts/Megahertz Antenna height (AAT) in meters (feet) Effective radiated power (ERP) (watts/megahertz) Above 1372 (4500) 26 Above 1220 (4000) To 1372 (4500) 28 Above 1067 (3500) To 1220 (4000) 30 Above 915 (3000) To 1067 (3500) 40 Above 763 (2500) To 915 (3000) 56 Above 610 (2000) To 763 (2500) 80 Above 458 (1500) To 610 (2000) 140 Above 305 (1000) To 458 (1500) 240 Up to 305 (1000) 400 Table 2 to § 27.1507 —Permissible Power and Antenna Heights for Base Stations and Repeaters Permitted To Transmit With Up to 1000 Watts/Megahertz Antenna height (AAT) in meters (feet) Effective radiated power (ERP) (watts/megahertz) Above 1372 (4500) 65 Above 1220 (4000) To 1372 (4500) 70 Above 1067 (3500) To 1220 (4000) 75 Above 915 (3000) To 1067 (3500) 100 Above 763 (2500) To 915 (3000) 140 Above 610 (2000) To 763 (2500) 200 Above 458 (1500) To 610 (2000) 350 Above 305 (1000) To 458 (1500) 600 Up to 305 (1000) 1000 Table 3 to § 27.1507 —Permissible Power and Antenna Heights for Base Stations and Repeaters Permitted To Transmit With Up to 800 Watts/Megahertz Antenna height (AAT) in meters (feet) Effective radiated power (ERP) (watts/megahertz) Above 1372 (4500) 52 Above 1220 (4000) To 1372 (4500) 56 Above 1067 (3500) To 1220 (4000) 60 Above 915 (3000) To 1067 (3500) 80 Above 763 (2500) To 915 (3000) 112 Above 610 (2000) To 763 (2500) 160 Above 458 (1500) To 610 (2000) 280 Above 305 (1000) To 458 (1500) 480 Up to 305 (1000) 800 Table 4 to § 27.1507 —Permissible Power and Antenna Heights for Base Stations and Repeaters Permitted To Transmit With Up to 2000 Watts/Megahertz Antenna height (AAT) in meters (feet) Effective radiated power (ERP) (watts/megahertz) Above 1372 (4500) 130 Above 1220 (4000) To 1372 (4500) 140 Above 1067 (3500) To 1220 (4000) 150 Above 915 (3000) To 1067 (3500) 200 Above 763 (2500) To 915 (3000) 280 Above 610 (2000) To 763 (2500) 400 Above 458 (1500) To 610 (2000) 700 Above 305 (1000) To 458 (1500) 1200 Up to 305 (1000) 2000 § 27.1508 Field strength limit. The predicted or measured median field strength must not exceed 40 dBµV/m at any given point along the geographic license boundary, unless the affected licensee agrees to a different field strength. This value applies to both the initially offered service areas and to partitioned service areas. § 27.1509 Emission limits. The power of any emission outside a licensee's frequency band(s) of operation shall be attenuated below the transmitter power (P) in watts by at least the following amounts: ( a ) For 900 MHz broadband operations in 897.5-900.5 MHz band by at least 43 + 10 log (P) dB. ( b ) For 900 MHz broadband operations in the 936.5-939.5 MHz band, by at least 50 + 10 log (P) dB. ( c ) Compliance with the provisions of paragraphs (a) and (b) of this section is based on the use of measurement instrumentation employing a resolution bandwidth of 100 kHz or greater. However, in the 100 kHz bands immediately outside and adjacent to the licensee's band, a resolution bandwidth of at least 1 percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( d ) The measurements of emission power can be expressed in peak or average values, provided they are expressed in the same parameters as the transmitter power. ( e ) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. § 27.1510 Unacceptable interference to narrowband 900 MHz licensees from 900 MHz broadband licensees. See 47 CFR 90.672 . Subpart Q—3.45 GHz Service (3450-3550 MHz) Source: 86 FR 17954 , Apr. 7, 2021, unless otherwise noted. § 27.1600 3450-3550 MHz band subject to competitive bidding. Mutually exclusive initial applications for 3450-3550 MHz band licenses are subject to competitive bidding. The general competitive bidding procedures set forth in 47 CFR part 1, subpart Q , will apply unless otherwise provided in this subpart. § 27.1601 Designated entities in the 3450-3550 MHz band. ( a ) Eligibility for small business provisions — ( 1 ) Definitions — ( i ) Small business. A small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $55 million for the preceding five (5) years. ( ii ) Very small business. A very small business is an entity that, together with its affiliates, its controlling interests, and the affiliates of its controlling interests, has average gross revenues not exceeding $20 million for the preceding five (5) years. ( 2 ) Bidding credits. A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses as provided in § 1.2110(c)(6) of this chapter , may use the bidding credit of 15 percent, as specified in § 1.2110(f)(2)(i)(C) of this chapter , subject to the cap specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses as provided in § 1.2110(c)(6) of this chapter , may use the bidding credit of 25 percent, as specified in § 1.2110(f)(2)(i)(B) of this chapter , subject to the cap specified in § 1.2110(f)(2)(ii) of this chapter . ( b ) Eligibility for rural service provider bidding credit. A rural service provider, as defined in § 1.2110(f)(4)(i) of this chapter , that has not claimed a small business bidding credit, or a consortium of rural service providers as provided in § 1.2110(c)(6) of this chapter , may use the bidding credit of 15 percent specified in § 1.2110(f)(4) of this chapter . § 27.1602 Incumbent Federal operations. Regarding incumbent Federal operations in the 3450-3550 MHz band, 3.45 GHz Service licensees must comply with footnote US431B of the Table of Frequency Allocations in 47 CFR 2.106 . § 27.1603 Coordination procedures. ( a ) Coordination requirement. Prior to operation of any 3.45 GHz Service license in a Cooperative Planning Area or Periodic Use Area, a 3.45 GHz Service licensee must successfully coordinate such operation with any Federal incumbents in the Cooperative Planning Area or Periodic Use Area. The coordination procedures contained in this section shall apply unless the 3.45 GHz Service licensee and the Federal incumbent(s) have reached a mutually acceptable operator-to-operator coordination agreement that provides otherwise. ( b ) Informal discussions. Before a 3.45 GHz Service licensee submits a formal coordination request, it may share and discuss draft proposals with Federal incumbent coordination staff. These discussions are voluntary, informal, and non-binding and can begin at any time. ( c ) Formal coordination. The 3.45 GHz Service licensee shall initiate coordination by formally requesting access to operate within a Cooperative Planning Area and/or Periodic Use Area directly through the Department of Defense's online portal. ( d ) Initiation, timing, and affirmative concurrence. A 3.45 GHz Service licensee must initiate a formal coordination request through the online portal provided by the Department of Defense. Unless otherwise agreed between a 3.45 GHz Service licensee and the relevant Federal incumbent(s), no formal coordination requests may be submitted until nine (9) months after the date of the auction closing Public Notice. 3.45 GHz Service licensees may request informal discussions (through the point of contact identified in the applicable Transition Plan) during this nine-month time period. Unless otherwise agreed to in writing, the requirement to reach a coordination arrangement is satisfied only by obtaining the affirmative concurrence of the relevant Federal incumbent(s) via the portal. The requirement of this paragraph (d) is not satisfied by omission. ( e ) Submission information. To submit a formal coordination request, the 3.45 GHz Service licensee must include information about the technical characteristics for the 3.45 GHz Service base stations and associated mobile units relevant to operation within the Cooperative Planning Area and/or Periodic Use Area. This information should be provided in accordance with the instructions provided in the portal user's guide provided by the Department of Defense. 3.45 GHz Service licensees must prioritize their deployments in the Cooperative Planning Area for each Federal incumbent when submitting a formal coordination request. If a 3.45 GHz Service licensee is seeking to coordinate with multiple systems or multiple locations of operation controlled by one Federal incumbent, the licensee must specify the order in which it prefers the Federal incumbent process the request ( i.e., the order of systems or geographic locations). ( f ) Coordination analysis. If a 3.45 GHz Service licensee has questions about the result of a coordination request, it may contact the Federal incumbent to propose network design modifications to help address issues raised by the Federal incumbent. Once the 3.45 GHz Service licensee has revised its network design, it must resubmit a formal coordination request, and the 3.45 GHz Service formal coordination process begins again. ( g ) Interference resolution process. In instances of identified harmful interference occurring between a Federal and non-Federal operator not otherwise addressed by the coordination procedures or operator-to-operator agreements, the 3.45 GHz Service licensee shall first attempt to resolve the interference directly. If that effort is unsuccessful, the 3.45 GHz Service licensee, if adversely affected may escalate the matter to the Commission. § 27.1604 Reimbursement of relocation expenses of non-Federal radiolocation incumbents. ( a ) Relocation reimbursement contribution. Each entity granted an initial license (not a renewal) in the 3.45 GHz Service (Licensee) must pay a pro rata portion to reimburse the costs incurred by authorized non-Federal, secondary radiolocation licensees for relocating from the 3.3-3.55 GHz band. These costs include the cost of a clearinghouse's administration of the reimbursement, which the radiolocation licensees will pay initially and include in their reimbursable costs. ( b ) Pro rata share. A Licensee's pro rata share of relocation costs will be determined by dividing the total actual costs of such relocation, as approved by the clearinghouse selected pursuant to § 27.1605 , by the total number of 3.45 GHz Service licenses granted, multiplied by the number of such licenses the Licensee will hold. ( c ) Timing of payment. A Licensee's relocation reimbursement contribution share must be paid to the clearinghouse by the date(s) and subject to procedures specified by public notice. § 27.1605 Reimbursement clearinghouse. ( a ) The clearinghouse ultimately selected shall determine the reimbursement obligations of each Licensee pursuant to § 27.1604 . ( 1 ) The clearinghouse must be a must be a neutral, independent entity with no conflicts of interest (as defined in § 27.1414(b) , on the part of the organization or its officers, directors, employees, contractors, or significant subcontractors. ( 2 ) The clearinghouse must be able to demonstrate that it has the requisite expertise to perform the duties required, which will include collecting and distributing reimbursement payments, auditing incoming and outgoing estimates, mitigating cost disputes among parties, and generally acting as a clearinghouse. ( 3 ) The clearinghouse must comply with, on an ongoing basis, all applicable laws and Federal Government guidance on privacy and information security requirements such as relevant provisions in the Federal Information Security Management Act, National Institute of Standards and Technology publications, and Office of Management and Budget guidance. ( 4 ) The clearinghouse must provide quarterly reports to the Wireless Telecommunications Bureau that detail the status of reimbursement funds available, the payments issued, the amounts collected from licensees, and any information filed by incumbents. The reports must account for all funds spent, including the clearinghouse's own expenses. The report shall include descriptions of any disputes and the manner in which they were resolved. ( b ) Non-Federal secondary radiolocation licensees in the 3.3-3.55 GHz band that seek reimbursement of their expenses for relocating operations authorized under their licenses and existing as of February 22, 2019, must submit invoices or other appropriate documentation of such expenses to the clearinghouse no later than a date to be specified by public notice. ( c ) Expenses must be reasonably related to the relocation from the 3.3-3.55 GHz band to the 2.9-3.0 GHz band, may be future expenses or expenses already incurred—including the clearinghouse's costs, and no expenses for other purposes will be subject to reimbursement. Ineligible expenses include, but are not limited to, those related to upgrades or improvements. The clearinghouse shall have the authority to determine whether particular expenses are eligible for reimbursement. ( d ) The Wireless Telecommunications Bureau is responsible for resolving any disputes arising from decisions by the clearinghouse and shall specify by public notice when the clearinghouse's responsibilities have terminated. § 27.1606 Aggregation of 3450-3550 MHz band licenses. ( a ) 3.45 GHz Service licensees may aggregate up to 40 megahertz of 3450-3550 MHz band licenses across both license categories in any service area at any given time for four years after the close of the auction. After four years post-auction, no such aggregation limit on 3450-3550 MHz licenses shall apply. ( b ) The criteria in § 20.22(b) of this chapter will apply in order to attribute partial ownership and other interests for the purpose of applying the aggregation limit in paragraph (a) of this section. § 27.1607 Information sharing for time division duplex synchronization. ( a ) 3.45 GHz Service licensees must provide information to requesting Citizens Broadband Radio Service ( part 96 of this chapter ) operators to enable time division duplex (TDD) synchronization. Negotiations over the information must be conducted in good faith, with the goal of enabling synchronization between the relevant systems. ( 1 ) A Citizens Broadband Radio Service operator, whether a Priority Access Licensee or a General Authorized Access user ( § 96.1(b) of this chapter ), may request information from a 3.45 GHz Service licensee to enable cross-service TDD synchronization if it provides service, or intends to provide service, in the same or adjacent geographic area as a 3.45 GHz Service licensee. ( 2 ) Upon request by an eligible Citizens Broadband Radio Service operator, the 3.45 GHz Service licensee must provide sufficient technical information to allow the Citizens Broadband Radio Service operator to synchronize its system with the 3.45 GHz band system. The 3.45 GHz Service licensee must keep this information current if its network operations change. ( b ) 3.45 GHz Service licensees are under no obligation to make any changes to their operations or proposed operations to enable TDD synchronization.
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PART 68—CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK Authority: 47 U.S.C. 154 , 303 , 610 . Subpart A—General Authority: Secs. 4, 5, 303, 710, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 , 610 ). Source: 45 FR 20841 , Mar. 31, 1980, unless otherwise noted. § 68.1 Purpose. The purpose of the rules and regulations in this part is to provide for uniform standards for the protection of the telephone network from harms caused by the connection of terminal equipment and associated wiring thereto, and for the compatibility of hearing aids and telephones so as to ensure that, to the fullest extent made possible by technology and medical science, people with hearing loss have equal access to the national telecommunications network, including advanced communications services. [ 83 FR 8632 , Feb. 28, 2018] § 68.2 Scope. ( a ) Except as provided in paragraphs (b) and (c) of this section, and excluding subpart F, which applies only to ACS telephonic CPE, the rules and regulations of this part apply to direct connection of all terminal equipment to the public switched telephone network for use in conjunction with all services other than party line services. Sections 68.4, 68.5, 68.6, 68.112, 68.160, 68.162, 68.316, and 68.317, and other sections to the extent they are made applicable by subpart F of this part , also apply to ACS and ACS telephonic CPE that is manufactured in the United States or imported for use in the United States on or after February 28, 2020. ( b ) National defense and security. Where the Secretary of Defense or authorized agent or the head of any other governmental department, agency, or administration (approved in writing by the Commission to act pursuant to this rule) or authorized representative, certifies in writing to the appropriate common carrier that compliance with the provisions of part 68 could result in the disclosure of communications equipment or security devices, locations, uses, personnel, or activity which would adversely affect the national defense and security, such equipment or security devices may be connected to the telephone company provided communications network without compliance with this part, provided that each written certification states that: ( 1 ) The connection is required in the interest of national defense and security; ( 2 ) The equipment or device to be connected either complies with the technical criteria pertaining thereto or will not cause harm to the nationwide telephone network or to employees of any provider of wireline telecommunications; and ( 3 ) The installation is performed by well-trained, qualified employees under the responsible supervision and control of a person who is a licensed professional engineer in the jurisdiction in which the installation is performed. ( c ) Governmental departments, agencies, or administrations that wish to qualify for interconnection of equipment or security devices pursuant to this section shall file a request with the Secretary of this Commission stating the reasons why the exemption is requested. A list of these departments, agencies, or administrations that have filed requests shall be published in the Federal Register. The Commission may take action with respect to those requests 30 days after publication. The Commission action shall be published in the Federal Register. However, the Commission may grant, on less than the normal notice period or without notice, special temporary authority, not to exceed 90 days, for governmental departments, agencies, or administrations that wish to qualify for interconnection of equipment or security devices pursuant to this section. Requests for such authority shall state the particular fact and circumstances why authority should be granted on less than the normal notice period or without notice. In such cases, the Commission shall endeavor to publish its disposition as promptly as possible in the Federal Register. [ 66 FR 7580 , Jan. 24, 2001, as amended at 83 FR 8632 , Feb. 28, 2018] § 68.3 Definitions. As used in this part: ACS telephonic CPE. Customer premises equipment used with advanced communications services that is designed to provide 2-way voice communication via a built-in speaker intended to be held to the ear in a manner functionally equivalent to a telephone, except for mobile handsets. Advanced communications services. Interconnected VoIP service, non-interconnected VoIP service, electronic messaging service, and interoperable video conferencing service. Demarcation point (also point of interconnection). As used in this part, the point of demarcation and/or interconnection between the communications facilities of a provider of wireline telecommunications, and terminal equipment, protective apparatus or wiring at a subscriber's premises. Essential telephones. Only coin-operated telephones, telephones provided for emergency use, and other telephones frequently needed for use by persons using such hearing aids. Harm. Electrical hazards to the personnel of providers of wireline telecommunications, damage to the equipment of providers of wireline telecommunications, malfunction of the billing equipment of providers of wireline telecommunications, and degradation of service to persons other than the user of the subject terminal equipment, his calling or called party. Hearing aid compatible. Except as used at §§ 68.4(a)(3) and 68.414 , and subpart F of this part the terms hearing aid compatible or hearing aid compatibility are used as defined in § 68.316 , unless it is specifically stated that hearing aid compatibility volume control, as defined in § 68.317 , is intended or is included in the definition. Inside wiring or premises wiring. Customer-owned or controlled wire on the subscriber's side of the demarcation point. Premises. As used herein, generally a dwelling unit, other building or a legal unit of real property such as a lot on which a dwelling unit is located, as determined by the provider of telecommunications service's reasonable and nondiscriminatory standard operating practices. Private radio services. Private land mobile radio services and other communications services characterized by the Commission in its rules as private radio services. Public mobile services. Air-to-ground radiotelephone services, cellular radio telecommunications services, offshore radio, rural radio service, public land mobile telephone service, and other common carrier radio communications services covered by part 22 of Title 47 of the Code of Federal Regulations . Responsible party. The party or parties responsible for the compliance of terminal equipment or protective circuitry intended for connection directly to the public switched telephone network, or of ACS telephonic CPE, with the applicable rules and regulations in this part and with any applicable technical criteria published by the Administrative Council for Terminal Attachments. If a Telecommunications Certification Body certifies the terminal equipment or ACS telephonic CPE, the responsible party is the holder of the certificate for that equipment. If the terminal equipment or ACS telephonic CPE is the subject of a Supplier's Declaration of Conformity, the responsible party shall be: The manufacturer of the equipment, or the manufacturer of protective circuitry that is marketed for use with terminal equipment that is not to be connected directly to the network, or if the equipment is imported, the importer, or if the equipment is assembled from individual component parts, the assembler. If the equipment is modified by any party not working under the authority of the responsible party, the party performing the modifications, if located within the U.S., or the importer, if the equipment is imported subsequent to the modifications, becomes the new responsible party. Retailers or original equipment manufacturers may enter into an agreement with the assembler or importer to assume the responsibilities to ensure compliance of the terminal equipment or ACS telephonic CPE and to become the responsible party. Secure telephones. Telephones that are approved by the United States Government for the transmission of classified or sensitive voice communications. Terminal equipment. As used in this part, communications equipment located on customer premises at the end of a communications link, used to permit the stations involved to accomplish the provision of telecommunications or information services. [ 66 FR 7581 , Jan. 24, 2001, as amended at 83 FR 8632 , Feb. 28, 2018] § 68.4 Hearing aid-compatible telephones. ( a ) ( 1 ) Except for telephones used with public mobile services, telephones used with private radio services, and cordless and secure telephones, every telephone manufactured in the United States (other than for export) or imported for use in the United States after August 16, 1989, must be hearing aid compatible, as defined in § 68.316 . Every cordless telephone manufactured in the United States (other than for export) or imported into the United States after August 16, 1991, must be hearing aid compatible, as defined in § 68.316 . ( 2 ) Unless otherwise stated and except for telephones used with public mobile services, telephones used with private radio services and secure telephones, every telephone listed in § 68.112 must be hearing aid compatible, as defined in § 68.316 . ( 3 ) A telephone is hearing aid-compatible if it provides internal means for effective use with hearing aids that are designed to be compatible with telephones which meet established technical standards for hearing aid compatibility. ( 4 ) The Commission shall revoke or otherwise limit the exemptions of paragraph (a)((1) of this section for telephones used with public mobile services or telephones used with private radio services if it determines that ( i ) such revocation or limitation is in the public interest; ( ii ) continuation of the exemption without such revocation or limitation would have an adverse effect on hearing-impaired individuals; ( iii ) compliance with the requirements of § 68.4(a)(1) is technologically feasible for the telephones to which the exemption applies; and ( iv ) compliance with the requirements of § 68.4(a)(1) would not increase costs to such an extent that the telephones to which the exemption applies could not be successfully marketed. [ 54 FR 21430 , May 18, 1989, as amended at 55 FR 28763 , July 13, 1990; 57 FR 27183 , June 18, 1992; 61 FR 42186 , Aug. 14, 1996] § 68.5 Waivers. The Commission may, upon the application of any interested person, initiate a proceeding to waive the requirements of § 68.4(a)(1) with respect to new telephones, or telephones associated with a new technology or service. The Commission shall not grant such a waiver unless it determines, on the basis of evidence in the record of such proceeding, that such telephones, or such technology or service, are in the public interest, and that (a) compliance with the requirements of § 68.4(a)(1) is technologically infeasible, or (b) compliance with such requirements would increase the costs of the telephones, or of the technology or service, to such an extent that such telephones, technology, or service could not be successfully marketed. In any proceeding under this section to grant a waiver from the requirements of § 68.4(a)(1) , the Commission shall consider the effect on hearing-impaired individuals of granting the waiver. The Commission shall periodically review and determine the continuing need for any waiver granted pursuant to this section. [ 54 FR 21430 , May 18, 1989] § 68.6 Telephones with volume control. As of January 1, 2000, all telephones, including cordless telephones, as defined in § 15.3(j) of this chapter , manufactured in the United States (other than for export) or imported for use in the United States, must have volume control in accordance with § 68.317 . Secure telephones, as defined by § 68.3 are exempt from this section, as are telephones used with public mobile services or private radio services. [ 62 FR 43484 , Aug. 14, 1997] § 68.7 Technical criteria for terminal equipment. ( a ) Terminal equipment shall not cause harm, as defined in § 68.3 , to the public switched telephone network. ( b ) Technical criteria published by the Administrative Council for Terminal Attachments are the presumptively valid technical criteria for the protection of the public switched telephone network from harms caused by the connection of terminal equipment, subject to the appeal procedures in § 68.614 of this part . [ 66 FR 7581 , Jan. 24, 2001] Subpart B—Conditions on Use of Terminal Equipment § 68.100 General. In accordance with the rules and regulations in this part, terminal equipment may be directly connected to the public switched telephone network, including private line services provided over wireline facilities that are owned by providers of wireline telecommunications. [ 66 FR 7581 , Jan. 24, 2001] § 68.102 Terminal equipment approval requirement. Terminal equipment must be approved in accordance with the rules and regulations in subpart C of this part , or connected through protective circuitry that is approved in accordance with the rules and regulations in subpart C. [ 66 FR 7582 , Jan. 24, 2001] § 68.105 Minimum point of entry (MPOE) and demarcation point. ( a ) Facilities at the demarcation point. Carrier-installed facilities at, or constituting, the demarcation point shall consist of wire or a jack conforming to the technical criteria published by the Administrative Council for Terminal Attachments. ( b ) Minimum point of entry. The “minimum point of entry” (MPOE) as used herein shall be either the closest practicable point to where the wiring crosses a property line or the closest practicable point to where the wiring enters a multiunit building or buildings. The reasonable and nondiscriminatory standard operating practices of the provider of wireline telecommunications services shall determine which shall apply. The provider of wireline telecommunications services is not precluded from establishing reasonable classifications of multiunit premises for purposes of determining which shall apply. Multiunit premises include, but are not limited to, residential, commercial, shopping center and campus situations. ( c ) Single unit installations. For single unit installations existing as of August 13, 1990, and installations installed after that date the demarcation point shall be a point within 30 cm (12 in) of the protector or, where there is no protector, within 30 cm (12 in) of where the telephone wire enters the customer's premises, or as close thereto as practicable. ( d ) Multiunit installations. ( 1 ) In multiunit premises existing as of August 13, 1990, the demarcation point shall be determined in accordance with the local carrier's reasonable and non-discriminatory standard operating practices. Provided, however, that where there are multiple demarcation points within the multiunit premises, a demarcation point for a customer shall not be further inside the customer's premises than a point twelve inches from where the wiring enters the customer's premises, or as close thereto as practicable. ( 2 ) In multiunit premises in which wiring is installed, including major additions or rearrangements of wiring existing prior to that date, the provider of wireline telecommunications may place the demarcation point at the minimum point of entry (MPOE). If the provider of wireline telecommunications services does not elect to establish a practice of placing the demarcation point at the minimum point of entry, the multiunit premises owner shall determine the location of the demarcation point or points. The multiunit premises owner shall determine whether there shall be a single demarcation point location for all customers or separate such locations for each customer. Provided, however, that where there are multiple demarcation points within the multiunit premises, a demarcation point for a customer shall not be further inside the customer's premises than a point 30 cm (12 in) from where the wiring enters the customer's premises, or as close thereto as practicable. At the time of installation, the provider of wireline telecommunications services shall fully inform the premises owner of its options and rights regarding the placement of the demarcation point or points and shall not attempt to unduly influence that decision for the purpose of obstructing competitive entry. ( 3 ) In any multiunit premises where the demarcation point is not already at the MPOE, the provider of wireline telecommunications services must comply with a request from the premises owner to relocate the demarcation point to the MPOE. The provider of wireline telecommunications services must negotiate terms in good faith and complete the negotiations within forty-five days from said request. Premises owners may file complaints with the Commission for resolution of allegations of bad faith bargaining by provider of wireline telecommunications services. See 47 U.S.C. 208 , 47 CFR 1.720 through 1.740 . ( 4 ) The provider of wireline telecommunications services shall make available information on the location of the demarcation point within ten business days of a request from the premises owner. If the provider of wireline telecommunications services does not provide the information within that time, the premises owner may presume the demarcation point to be at the MPOE. Notwithstanding the provisions of § 68.110(b) , provider of wireline telecommunications services must make this information freely available to the requesting premises owner. ( 5 ) In multiunit premises with more than one customer, the premises owner may adopt a policy restricting a customer's access to wiring on the premises to only that wiring located in the customer's individual unit that serves only that particular customer. [ 66 FR 7582 , Jan. 24, 2001; 67 FR 60167 , Sept. 25, 2002; 83 FR 31677 , July 9, 2018; 83 FR 44843 , Sept. 4, 2018] § 68.106 Notification to provider of wireline telecommunications. ( a ) General. Customers connecting terminal equipment or protective circuitry to the public switched telephone network shall, upon request of the provider of wireline telecommunications, inform the provider of wireline telecommunications of the particular line(s) to which such connection is made, and any other information required to be placed on the terminal equipment pursuant to § 68.354 of this part by the Administrative Council for Terminal Attachments. ( b ) Systems assembled of combinations of individually-approved terminal equipment and protective circuitry. Customers connecting such assemblages to the public switched telephone network shall, upon the request of the provider of wireline telecommunications, provide to the provider of wireline telecommunications the following information: For each line: ( 1 ) Information required for compatible operation of the equipment with the communications facilities of the provider of wireline telecommunications; ( 2 ) The identifying information required to be placed on terminal equipment pursuant to § 68.354 for all equipment dedicated to that line; and ( 3 ) Any other information regarding equipment dedicated to that line required to be placed on the terminal equipment by the Administrative Council for Terminal Attachments. ( 4 ) A list of identifying numbers required to be placed on terminal equipment, if any, by the Administrative Council for Terminal Attachments, pursuant to § 68.354 of this part , for equipment to be used in the system. ( c ) Systems using other than “fully protected” premises wiring. Customers who intend to connect premises wiring other than “fully protected” premises wiring to the public switched telephone network shall, in addition to the foregoing, give notice to the provider of wireline telecommunications in accordance with § 68.215(e) . [ 66 FR 7582 , Jan. 24, 2001] § 68.108 Incidence of harm. Should terminal equipment, inside wiring, plugs and jacks, or protective circuitry cause harm to the public switched telephone network, or should the provider of wireline telecommunications reasonably determine that such harm is imminent, the provider of wireline telecommunications shall, where practicable, notify the customer that temporary discontinuance of service may be required; however, wherever prior notice is not practicable, the provider of wireline telecommunications may temporarily discontinue service forthwith, if such action is reasonable under the circumstances. In case of such temporary discontinuance, the provider of wireline telecommunications shall: ( a ) Promptly notify the customer of such temporary discontinuance; ( b ) Afford the customer the opportunity to correct the situation which gave rise to the temporary discontinuance; and ( c ) Inform the customer of his right to bring a complaint to the Commission pursuant to the procedures set forth in subpart E of this part . [ 55 FR 28630 , July 12, 1990, as amended at 66 FR 7583 , Jan. 24, 2001] § 68.110 Compatibility of the public switched telephone network and terminal equipment. ( a ) Availability of interface information. Technical information concerning interface parameters not specified by the technical criteria published by the Administrative Council for Terminal Attachments, that are needed to permit terminal equipment to operate in a manner compatible with the communications facilities of a provider of wireline telecommunications, shall be provided by the provider of wireline telecommunications upon request. ( b ) Availability of inside wiring information. Any available technical information concerning wiring on the customer side of the demarcation point, including copies of existing schematic diagrams and service records, shall be provided by the provider of wireline telecommunications upon request of the building owner or agent thereof. The provider of wireline telecommunications may charge the building owner a reasonable fee for this service, which shall not exceed the cost involved in locating and copying the documents. In the alternative, the provider of wireline telecommunications may make these documents available for review and copying by the building owner. In this case, the provider of wireline telecommunications may charge a reasonable fee, which shall not exceed the cost involved in making the documents available, and may also require the building owner to pay a deposit to guarantee the documents' return. [ 66 FR 7583 , Jan. 24, 2001, as amended at 83 FR 31677 , July 9, 2018] § 68.112 Hearing aid-compatibility. ( a ) Coin telephones. All new and existing coin-operated telephones, whether located on public property or in a semi-public location (e.g., drugstore, gas station, private club). ( b ) Emergency use telephones. Telephones “provided for emergency use” include the following: ( 1 ) Telephones, except headsets, in places where a person with a hearing disability might be isolated in an emergency, including, but not limited to, elevators, highways, and tunnels for automobile, railway or subway, and workplace common areas. Note to paragraph ( b )(1): Examples of workplace common areas include libraries, reception areas and similar locations where employees are reasonably expected to congregate. ( 2 ) Telephones specifically installed to alert emergency authorities, including, but not limited to, police or fire departments or medical assistance personnel. ( 3 ) Telephones, except headsets, in workplace non-common areas. Note: Examples of workplace non-common areas include private enclosed offices, open area individual work stations and mail rooms. Such non-common area telephones are required to be hearing aid compatible, as defined in § 68.316 , by January 1, 2000, except for those telephones located in establishments with fewer than fifteen employees; and those telephones purchased between January 1, 1985 through December 31, 1989, which are not required to be hearing aid compatible, as defined in § 68.316 , until January 1, 2005. ( i ) Telephones, including headsets, made available to an employee with a hearing disability for use by that employee in his or her employment duty, shall, however, be hearing aid compatible, as defined in § 68.316 . ( ii ) As of January 1, 2000 or January 1, 2005, whichever date is applicable, there shall be a rebuttable presumption that all telephones located in the workplace are hearing aid compatible, as defined in § 68.316 . Any person who identifies a telephone as non-hearing aid-compatible, as defined in § 68.316 , may rebut this presumption. Such telephone must be replaced within fifteen working days with a hearing aid compatible telephone, as defined in § 68.316 , including, on or after January 1, 2000, with volume control, as defined in § 68.317 . ( iii ) Telephones, not including headsets, except those headsets furnished under paragraph (b)(3)(i) of this section, that are purchased, or replaced with newly acquired telephones, must be: ( A ) Hearing aid compatible, as defined in § 68.316 , after October 23, 1996; and ( B ) Include volume control, as defined in § 68.317 , on or after January 1, 2000. ( iv ) When a telephone under paragraph (b)(3)(iii) of this section is replaced with a telephone from inventory existing before October 23, 1996, any person may make a bona fide request that such telephone be hearing aid compatible, as defined in § 68.316 . If the replacement occurs on or after January 1, 2000, the telephone must have volume control, as defined in § 68.317 . The telephone shall be provided within fifteen working days. ( v ) During the period from October 23, 1996, until the applicable date of January 1, 2000 or January 1, 2005, workplaces of fifteen or more employees also must provide and designate telephones for emergency use by employees with hearing disabilities through one or more of the following means: ( A ) By having at least one coin-operated telephone, one common area telephone or one other designated hearing aid compatible telephone within a reasonable and accessible distance for an individual searching for a telephone from any point in the workplace; or ( B ) By providing wireless telephones that meet the definition for hearing aid compatible for wireline telephones, as defined in § 68.316 , for use by employees in their employment duty outside common areas and outside the offices of employees with hearing disabilities. ( 4 ) All credit card operated telephones, whether located on public property or in a semipublic location (e.g., drugstore, gas station, private club), unless a hearing aid compatible (as defined in § 68.316 ) coin-operated telephone providing similar services is nearby and readily available. However, regardless of coin-operated telephone availability, all credit card operated telephones must be made hearing aid-compatible, as defined in § 68.316 , when replaced, or by May 1, 1991, which ever comes sooner. ( 5 ) Telephones needed to signal life threatening or emergency situations in confined settings, including but not limited to, rooms in hospitals, residential health care facilities for senior citizens, and convalescent homes: ( i ) A telephone that is hearing aid compatible, as defined in § 68.316 , is not required until: ( A ) November 1, 1997, for establishments with fifty or more beds, unless replaced before that time; and ( B ) November 1, 1998, for all other establishments with fewer than fifty beds, unless replaced before that time. ( ii ) Telephones that are purchased, or replaced with newly acquired telephones, must be: ( A ) Hearing aid compatible, as defined in § 68.116 , after October 23, 1996; and ( B ) Include volume control, as defined in § 68.317 , on or after January 1, 2000. ( iii ) Unless a telephone in a confined setting is replaced pursuant to paragraph (b)(5)(ii) of this section, a hearing aid compatible telephone shall not be required if: ( A ) A telephone is both purchased and maintained by a resident for use in that resident's room in the establishment; or ( B ) The confined setting has an alternative means of signalling life-threatening or emergency situations that is available, working and monitored. ( 6 ) Telephones in hotel and motel guest rooms, and in any other establishment open to the general public for the purpose of overnight accommodation for a fee. Such telephones are required to be hearing aid compatible, as defined in § 68.316 , except that, for establishments with eighty or more guest rooms, the telephones are not required to be hearing aid compatible, as defined in § 68.316 , until November 1, 1998; and for establishments with fewer than eighty guest rooms, the telephones are not required to be hearing aid compatible, as defined in § 68.316 , until November 1, 1999. ( i ) Anytime after October 23, 1996, if a hotel or motel room is renovated or newly constructed, or the telephone in a hotel or motel room is replaced or substantially, internally repaired, the telephone in that room must be: ( A ) Hearing aid compatible, as defined in § 68.316 , after October 23, 1996; and ( B ) Include volume control, as defined in § 68.317 , on or after January 1, 2000. ( ii ) The telephones in at least twenty percent of the guest rooms in a hotel or motel must be hearing aid compatible, as defined in § 68.316 , as of April 1, 1997. ( iii ) Notwithstanding the requirements of paragraph (b)(6) of this section, hotels and motels which use telephones purchased during the period January 1, 1985 through December 31, 1989 may provide telephones that are hearing aid compatible, as defined in § 68.316 , in guest rooms according to the following schedule: ( A ) The telephones in at least twenty percent of the guest rooms in a hotel or motel must be hearing aid compatible, as defined in § 68.316 , as of April 1, 1997; ( B ) The telephones in at least twenty-five percent of the guest rooms in a hotel or motel must be hearing aid compatible, as defined in § 68.316 , by November 1, 1999; and ( C ) The telephones in one-hundred percent of the guest rooms in a hotel or motel must be hearing aid compatible, as defined in § 68.316 , by January 1, 2001 for establishments with eighty or more guest rooms, and by January 1, 2004 for establishments with fewer than eighty guest rooms. ( c ) Telephones frequently needed by the hearing impaired. Closed circuit telephones, i.e., telephones which cannot directly access the public switched network, such as telephones located in lobbies of hotels or apartment buildings; telephones in stores which are used by patrons to order merchandise; telephones in public transportation terminals which are used to call taxis or to reserve rental automobiles, need not be hearing aid compatible, as defined in § 68.316 , until replaced. [ 49 FR 1362 , Jan. 11, 1984, as amended at 55 FR 28763 , July 13, 1990; 57 FR 27183 , June 18, 1992; 61 FR 42186 , Aug. 14, 1996; 61 FR 42392 , Aug. 15, 1996; 62 FR 43484 , Aug. 14, 1997; 62 FR 51064 , Sep. 30, 1997] § 68.160 Designation of Telecommunication Certification Bodies (TCBs). ( a ) The Commission may recognize designated Telecommunication Certification Bodies (TCBs) which have been designated according to the requirements of paragraphs (b) or (c) of this section to certify equipment as required under this part. Certification of equipment by a TCB shall be based on an application with all the information specified in this part. The TCB shall process the application to determine compliance with the Commission's requirements and shall issue a written grant of equipment authorization. The grant shall identify the approving TCB and the Commission as the issuing authority. ( b ) In the United States, TCBs shall be accredited and designated by the National Institute of Standards and Technology (NIST) under its National Voluntary Conformity Assessment Evaluation (NVCASE) program, or other recognized programs based on ISO/IEC 17065:2012, to comply with the Commission's qualification criteria for TCBs. NIST may, in accordance with its procedures, allow other appropriately qualified accrediting bodies to accredit TCBs. TCBs shall comply with the requirements in § 68.162 of this part . ( c ) In accordance with the terms of an effective bilateral or multilateral mutual recognition agreement or arrangement (MRA) to which the United States is a party, bodies outside the United States shall be permitted to authorize equipment in lieu of the Commission. A body in an MRA partner economy may authorize equipment to U.S. requirements only if that economy permits bodies in the United States to authorize equipment to its requirements. The authority designating these telecommunication certification bodies shall meet the following criteria. ( 1 ) The organization accrediting the prospective telecommunication certification body shall be capable of meeting the requirements and conditions of ISO/IEC 17011:2004. ( 2 ) The organization assessing the telecommunication certification body shall appoint a team of qualified experts to perform the assessment covering all of the elements within the scope of accreditation. For assessment of telecommunications equipment, the areas of expertise to be used during the assessment shall include, but not be limited to, electromagnetic compatibility and telecommunications equipment (wired and wireless). ( d ) Incorporation by reference. ( 1 ) The material listed in this paragraph (d) is incorporated by reference in this section with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 . To enforce any edition other than that specified in this section, the FCC must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the source in paragraph (d)(2) of this section. ( 2 ) International Electrotechnical Commission (IEC), IEC Central Office, 3, rue de Varembe, CH-1211 Geneva 20, Switzerland, Email: inmail@iec.ch , www.iec.ch or International Organization for Standardization (ISO), 1, ch. De la Voie-Creuse, CP 56, CH-1211, Geneva 20, Switzerland; www.iso.org ; Tel.: + 41 22 749 01 11; Fax: + 41 22 733 34 30; email: central@iso.org . (ISO publications can also be purchased from the American National Standards Institute (ANSI) through its NSSN operation ( www.nssn.org ), at Customer Service, American National Standards Institute, 25 West 43rd Street, New York, NY 10036, telephone (212) 642-4900.) ( i ) ISO/IEC 17011:2004(E), “Conformity assessment—General requirements for accreditation bodies accrediting conformity assessment bodies,” First Edition, 2004-09-01, IBR approved for § 68.160(c) . ( ii ) ISO/IEC 17065:2012(E), “Conformity assessment—Requirements for bodies certifying products, processes and services,” First Edition, 2012-09-15. [ 64 FR 4997 , Feb. 2, 1999, as amended at 80 FR 33447 , June 12, 2015; 85 FR 64408 , Oct. 13, 2020; 88 FR 21445 , Apr. 10, 2023] § 68.162 Requirements for Telecommunication Certification Bodies. ( a ) Telecommunication certification bodies (TCBs) designated by the National Institute of Standards and Technology (NIST), or designated by another authority pursuant to an bilateral or multilateral mutual recognition agreement or arrangement to which the United States is a party, shall comply with the following requirements. ( b ) Certification methodology. ( 1 ) The certification system shall be based on type testing as identified in ISO/IEC 17065. ( 2 ) Certification shall normally be based on testing no more than one unmodified representative sample of each product type for which certification is sought. Additional samples may be requested if clearly warranted, such as when certain tests are likely to render a sample inoperative. ( c ) Criteria for designation. ( 1 ) To be designated as a TCB under this section, an entity shall, by means of accreditation, meet all the appropriate specifications in ISO/IEC 17065 for the scope of equipment it will certify. The accreditation shall specify the group of equipment to be certified and the applicable regulations for product evaluation. ( 2 ) The TCB shall demonstrate expert knowledge of the regulations for each product with respect to which the body seeks designation. Such expertise shall include familiarity with all applicable technical regulations, administrative provisions or requirements, as well as the policies and procedures used in the application thereof. ( 3 ) The TCB shall have the technical expertise and capability to test the equipment it will certify and shall also be accredited in accordance with ISO/IEC 17025 to demonstrate it is competent to perform such tests. ( 4 ) The TCB shall demonstrate an ability to recognize situations where interpretations of the regulations or test procedures may be necessary. The appropriate key certification and laboratory personnel shall demonstrate knowledge of how to obtain current and correct technical regulation interpretations. The competence of the telecommunication certification body shall be demonstrated by assessment. The general competence, efficiency, experience, familiarity with technical regulations and products included in those technical regulations, as well as compliance with applicable parts of the ISO/IEC 17025 and ISO/IEC 17065 shall be taken into consideration. ( 5 ) A TCB shall participate in any consultative activities, identified by the Commission or NIST, to facilitate a common understanding and interpretation of applicable regulations. ( 6 ) The Commission will provide public notice of specific elements of these qualification criteria that will be used to accredit TCBs. ( d ) External resources. ( 1 ) In accordance with the provisions of ISO/IEC 17065 the evaluation of a product, or a portion thereof, may be performed by bodies that meet the applicable requirements of ISO/IEC 17025 and ISO/IEC 17065, in accordance with the applicable provisions of ISO/IEC 17065, for external resources (outsourcing) and other relevant standards. Evaluation is the selection of applicable requirements and the determination that those requirements are met. Evaluation may be performed by using internal TCB resources or external (outsourced) resources. ( 2 ) A recognized TCB shall not outsource review and certification decision activities. ( 3 ) When external resources are used to provide the evaluation function, including the testing of equipment subject to certification, the TCB shall be responsible for the evaluation and shall maintain appropriate oversight of the external resources used to ensure reliability of the evaluation. Such oversight shall include periodic audits of products that have been tested and other activities as required in ISO/IEC 17065 when a certification body uses external resources for evaluation. ( e ) Recognition of TCBs. ( 1 ) ( i ) The Commission will recognize as a TCB any organization that meets the qualification criteria and is accredited and designated by NIST or its recognized accreditor as provided in § 68.160(b) . ( ii ) The Commission will recognize as a TCB any organization outside the United States that meets the qualification criteria and is designated pursuant to an bilateral or multilateral Mutual Recognition Agreement (MRA) as provided in § 68.160(c) . ( 2 ) The Commission will withdraw the recognition of a TCB if the TCB's accreditation or designation by NIST or its recognized accreditor is withdrawn, if the Commission determines there is just cause for withdrawing the recognition, or if the TCB requests that it no longer hold the recognition. The Commission will limit the scope of equipment that can be certified by a TCB if its accreditor limits the scope of its accreditation or if the Commission determines there is good cause to do so. The Commission will notify a TCB in writing of its intention to withdraw or limit the scope of the TCB's recognition and provide a TCB with at least 60 day notice of its intention to withdraw the recognition and provide the TCB with an opportunity to respond. In the case of a TCB designated and recognized pursuant to an bilateral or multilateral MRA, the Commission shall consult with the Office of United States Trade Representative (USTR), as necessary, concerning any disputes arising under an MRA for compliance with the Telecommunications Trade Act of 1988 (Section 1371-1382 of the Omnibus Trade and Competitiveness Act of 1988). ( 3 ) The Commission may request that a TCB's Designating Authority or accreditation body investigate and take appropriate corrective actions as required, when it has concerns or evidence that the TCB is not certifying equipment in accordance with Commission rules or ACTA requirements, and the Commission may initiate action to limit or withdraw the recognition of the TCB. ( 4 ) If the Commission withdraws the recognition of a TCB, all certifications issued by that TCB will remain valid unless specifically revoked by the Commission. ( 5 ) A list of recognized TCBs will be published by the Commission. ( f ) Scope of responsibility. ( 1 ) TCBs shall certify equipment in accordance with the Commission's rules and policies. ( 2 ) A TCB shall accept test data from any source, subject to the requirements in ISO/IEC 17065 and shall not unnecessarily repeat tests. ( 3 ) TCBs may establish and assess fees for processing certification applications and other tasks as required by the Commission. ( 4 ) A TCB may rescind a grant of certification within 30 days of grant for administrative errors. After that time, a grant can only be revoked by the Commission. A TCB shall notify both the applicant and the Commission when a grant is rescinded. ( 5 ) A TCB may not: ( i ) Grant a waiver of Commission rules or technical criteria published by the Administrative Council, or certify equipment for which Commission rules or requirements, or technical criteria do not exist, or for which the application of the rules or requirements, or technical criteria is unclear. ( ii ) Take enforcement actions. ( 6 ) All TCB actions are subject to Commission review. ( g ) Post-certification requirements. ( 1 ) A Telecommunications Certification Body shall supply a copy of each approved application form and grant of certification to the Administrative Council for Terminal Attachments. ( 2 ) In accordance with ISO/IEC 17065 a TCB is required to conduct appropriate surveillance activities. These activities shall be based on type testing a few samples of the total number of product types which the certification body has certified. Other types of surveillance activities of a product that has been certified are permitted provided they are no more onerous than testing type. The Commission may at any time request a list of products certified by the certification body and may request and receive copies of product evaluation reports. The Commission may also request that a TCB perform post-market surveillance, under Commission guidelines, of a specific product it has certified. ( 3 ) The Commission may request that a grantee of equipment certification submit a sample directly to the TCB that performed the original certification for evaluation. Any equipment samples requested by the Commission and tested by a TCB will be counted toward the minimum number of samples that the TCB must test. ( 4 ) A TCBs may request samples of equipment that they have certified directly from the grantee of certification. ( 5 ) If during, post-market surveillance of a certified product, a certification body determines that a product fails to comply with the applicable technical regulations, the certification body shall immediately notify the grantee and the Commission. The TCB shall provide a follow-up report to the Commission within 30 days of reporting the non-compliance by the grantee to describe the resolution or plan to resolve the situation. ( 6 ) Where concerns arise, the TCB shall provide a copy of the application file to the Commission within 30 calendar days of a request for the file made by the Commission to the TCB and the manufacturer. Where appropriate, the file should be accompanied by a request for confidentiality for any material that may qualify for confidential treatment under the Commission's rules. If the application file is not provided within 30 calendar days, a statement shall be provided to the Commission as to why it cannot be provided. ( h ) In the case of a dispute with respect to designation or recognition of a TCB and the testing or certification of products by a TCB, the Commission will be the final arbiter. Manufacturers and recognized TCBs will be afforded at least 60 days to comment before a decision is reached. In the case of a TCB designated or recognized, or a product certified pursuant to an bilateral or multilateral mutual recognition agreement or arrangement (MRA) to which the United States is a party, the Commission may limit or withdraw its recognition of a TCB designated by an MRA party and revoke the Certification of products using testing or certification provided by such a TCB. The Commission shall consult with the Office of the United States Trade Representative (USTR), as necessary, concerning any disputes arising under an MRA for compliance with under the Telecommunications Trade Act of 1988. ( i ) Incorporation by reference. The material listed in this paragraph (i) is incorporated by reference in this section with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 . To enforce any edition other than that specified in this section, the FCC must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the following source in this paragraph (i) : ( 1 ) International Organization for Standardization (ISO), Ch. de Blandonnet 8, CP 401, CH-1214 Vernier, Geneva, Switzerland; phone: + 41 22 749 01 11; fax: + 41 22 749 09 47; email: central@iso.org ; website: www.iso.org . ( i ) ISO/IEC 17025:2017(E), General requirements for the competence of testing and calibration laboratories, Third Edition, November 2017. ( ii ) ISO/IEC 17065:2012(E), Conformity assessment—Requirements for bodies certifying products, processes and services, First Edition, 2012-09-15. ( 2 ) [Reserved] Note 1 to paragraph (i): The standards listed in paragraphs (i) of this section are also available from the American National Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036; phone (212) 642-4980; email info@ansi.org ; website: https://webstore.ansi.org/ . [ 64 FR 4998 , Feb. 2, 1999, as amended at 66 FR 27601 , May 18, 2001; 67 FR 57182 , Sept. 9, 2002; 80 FR 33448 , June 12, 2015; 85 FR 64408 , Oct. 13, 2020; 88 FR 21445 , Apr. 10, 2023; 88 FR 67116 , Sept. 29, 2023] Subpart C—Terminal Equipment Approval Procedures § 68.201 Connection to the public switched telephone network. Terminal equipment may not be connected to the public switched telephone network unless it has either been certified by a Telecommunications Certification Body or the responsible party has followed all the procedures in this subpart for Supplier's Declaration of Conformity. [ 66 FR 7583 , Jan. 24, 2001] § 68.211 Terminal equipment approval revocation procedures. ( a ) Causes for revocation. The Commission may revoke the interconnection authorization of terminal equipment, whether that authorization was acquired through certification by a Telecommunications Certification Body or through the Supplier's Declaration of Conformity process in §§ 68.320 through 68.350 of this part , where: ( 1 ) The equipment approval is shown to have been obtained by misrepresentation; ( 2 ) The approved equipment is shown to cause harms to the public switched telephone network, as defined in § 68.3 ; ( 3 ) The responsible party willfully or repeatedly fails to comply with the terms and conditions of its equipment approval; or ( 4 ) The responsible party willfully or repeatedly fails to comply with any rule, regulation or order issued by the Commission under the Communications Act of 1934 relating to terminal equipment. ( b ) Notice of intent to revoke interconnection authority. Before revoking interconnection authority under the provisions of this section, the Commission, or the Enforcement Bureau under delegated authority, will issue a written Notice of Intent to Revoke Part 68 Interconnection Authority, or a Joint Notice of Apparent Liability for Forfeiture and Notice of Intent to Revoke Part 68 Interconnection Authority pursuant to §§ 1.80 and 1.89 of this chapter . ( c ) Delivery. The notice will be sent via certified mail to the responsible party for the terminal equipment at issue at the address provided to the Administrative Council for Terminal Attachments. ( d ) Reauthorization. A product that has had its approval revoked may not be authorized for connection to the public switched telephone network for a period of six months from the date of revocation of the approval. ( e ) Reconsideration or appeal. A responsible party of terminal equipment that has had its authorization revoked and/or that has been assessed a forfeiture may request reconsideration or make administrative appeal of the decision pursuant to part 1 of the Commission's rules: Practice and Procedure, part 1 of this chapter . [ 66 FR 7583 , Jan. 24, 2001, as amended at 67 FR 13229 , Mar. 21, 2002; 68 FR 13850 , Mar. 21, 2003] § 68.213 Installation of other than “fully protected” non-system simple customer premises wiring. ( a ) Scope of this rule. Provisions of this rule apply only to “unprotected” premises wiring used with simple installations of wiring for up to four line residential and business telephone service. More complex installations of wiring for multiple line services, for use with systems such as PBX and key telephone systems, are controlled by § 68.215 of these rules. ( b ) Wiring authorized. Unprotected premises wiring may be used to connect units of terminal equipment or protective circuitry to one another, and to carrier-installed facilities if installed in accordance with these rules. The provider of wireline telecommunications is not responsible, except pursuant to agreement between it and the customer or undertakings by it, otherwise consistent with Commission requirements, for installation and maintenance of wiring on the subscriber's side of the demarcation point, including any wire or jacks that may have been installed by the carrier. The subscriber and/or premises owner may install wiring on the subscriber's side of the demarcation point, and may remove, reconfigure, and rearrange wiring on that side of the demarcation point including wiring and wiring that may have been installed by the carrier. The customer or premises owner may not access carrier wiring and facilities on the carrier's side of the demarcation point. Customers may not access the protector installed by the provider of wireline telecommunications. All plugs and jacks used in connection with inside wiring shall conform to the published technical criteria of the Administrative Council for Terminal Attachments. In multiunit premises with more than one customer, the premises owner may adopt a policy restricting a customer's access to wiring on the premises to only that wiring located in the customer's individual unit wiring that serves only that particular customer. See § 68.105 in this part. The customer or premises owner may not access carrier wiring and facilities on the carrier's side of the demarcation point. Customers may not access the protector installed by the provider of wireline telecommunications. All plugs and jacks used in connection with inside wiring shall conform to the published technical criteria of the Administrative Council for Terminal Attachments. ( c ) Material requirements. ( 1 ) For new installations and modifications to existing installations, copper conductors shall be, at a minimum, solid, 24 gauge or larger, twisted pairs that comply with the electrical specifications for Category 3, as defined in the ANSI EIA/TIA Building Wiring Standards. ( 2 ) Conductors shall have insulation with a 1500 Volt rms minimum breakdown rating. This rating shall be established by covering the jacket or sheath with at least 15 cm (6 inches) (measured linearly on the cable) of conductive foil, and establishing a potential difference between the foil and all of the individual conductors connected together, such potential difference gradually increased over a 30 second time period to 1500 Volts rms, 60 Hertz, then applied continuously for one minute. At no time during this 90 second time interval shall the current between these points exceed 10 milliamperes peak. ( 3 ) All wire and connectors meeting the requirements set forth in paragraphs (c)(1) and (c)(2) shall be marked, in a manner visible to the consumer, with the symbol “CAT 3” or a symbol consisting of a “C” with a “3” contained within the “C” character, at intervals not to exceed one foot (12 inches) along the length of the wire. ( d ) Attestation. Manufacturers (or distributors or retailers, whichever name appears on the packaging) of non-system telephone premises wire shall attest in a letter to the Commission that the wire conforms with part 68, FCC Rules. [ 49 FR 21734 , May 23, 1984, as amended at 50 FR 29392 , July 19, 1985; 50 FR 47548 , Nov. 19, 1985; 51 FR 944 , Jan. 9, 1986; 55 FR 28630 , July 12, 1990; 58 FR 44907 , Aug. 25, 1993; 62 FR 36464 , July 8, 1997; 65 FR 4140 , Jan. 26, 2000; 66 FR 7583 , Jan. 24, 2001] § 68.214 Changes in other than “fully protected” premises wiring that serves fewer than four subscriber access lines. Operations associated with the installation, connection, reconfiguration and removal (other than final removal) of premises wiring that serves fewer than four subscriber access lines must be performed as provided in § 68.215(c) if the premises wiring is not “fully protected.” For this purpose, the supervisor and installer may be the same person. [ 66 FR 7584 , Jan. 24, 2001] § 68.215 Installation of other than “fully protected” system premises wiring that serves more than four subscriber access lines. ( a ) Types of wiring authorized — ( 1 ) Between equipment entities. Unprotected premises wiring, and protected premises wiring requiring acceptance testing for imbalance, may be used to connect separately-housed equipment entities to one another. ( 2 ) Between an equipment entity and the public switched telephone network interface(s). Fully-protected premises wiring shall be used to connect equipment entities to the public switched telephone network interface unless the provider of wireline telecommunications is unwilling or unable to locate the interface within 7.6 meters (25 feet) of the equipment entity on reasonable request. In any such case, other than fully-protected premises wiring may be used if otherwise in accordance with these rules. ( 3 ) Hardware protection as part of the facilities of the provider of wireline telecommunications. In any case where the carrier chooses to provide (and the customer chooses to accept, except as authorized under paragraph (g) of this section), hardware protection on the network side of the interface(s), the presence of such hardware protection will affect the classification of premises wiring for the purposes of § 68.215 , as appropriate. ( b ) Installation personnel. Operations associated with the installation, connection, reconfiguration and removal (other than final removal of the entire premises communications system) of other than fully-protected premises wiring shall be performed under the supervision and control of a supervisor, as defined in paragraph (c) of this section. The supervisor and installer may be the same person. ( c ) Supervision. Operations by installation personnel shall be performed under the responsible supervision and control of a person who: ( 1 ) Has had at least six months of on-the-job experience in the installation of telephone terminal equipment or of wiring used with such equipment; ( 2 ) Has been trained by the registrant of the equipment to which the wiring is to be connected in the proper performance of any operations by installation personnel which could affect that equipment's continued compliance with these rules; ( 3 ) Has received written authority from the registrant to assure that the operations by installation personnel will be performed in such a manner as to comply with these rules. ( 4 ) Or, in lieu of paragraphs (c) (1) through (3) of this section, is a licensed professional engineer in the jurisdiction in which the installation is performed. ( d ) Workmanship and material requirements — ( 1 ) General. Wiring shall be installed so as to assure that there is adequate insulation of telephone wiring from commercial power wiring and grounded surfaces. Wiring is required to be sheathed in an insulating jacket in addition to the insulation enclosing individual conductors (see below) unless located in an equipment enclosure or in an equipment room with restricted access; it shall be assured that this physical and electrical protection is not damaged or abraded during placement of the wiring. Any intentional removal of wiring insulation (or a sheath) for connections or splices shall be accomplished by removing the minimum amount of insulation necessary to make the connection or splice, and insulation equivalent to that provided by the wire and its sheath shall be suitably restored, either by placement of the splices or connections in an appropriate enclosure, or equipment rooms with restricted access, or by using adequately-insulated connectors or splicing means. ( 2 ) Wire. Insulated conductors shall have a jacket or sheath with a 1500 volt rms minimum breakdown rating, except when located in an equipment enclosure or an equipment room with restricted access. This rating shall be established by covering the jacket or sheath with at least 15 cm (6 in) (measured linearly on the cable) of conductive foil, and establishing a potential difference between the foil and all of the individual conductors connected together, such potential difference gradually increased over a 30 second time period to 1500 volts rms, 60 Hertz, then applied continuously for one minute. At no time during this 90 second time interval shall the current between these points exceed 10 milliamperes peak. ( 3 ) Places where the jacket or sheath has been removed. Any point where the jacket or sheath has been removed (or is not required) shall be accessible for inspection. If such points are concealed, they shall be accessible without disturbing permanent building finish (e.g., by removing a cover). ( 4 ) Building and electrical codes. All building and electrical codes applicable in the jurisdiction to telephone wiring shall be complied with. If there are no such codes applicable to telephone wiring, Article 800 of the 1978 National Electrical Code, entitled Communications Systems, and other sections of that Code incorporated therein by reference shall be complied with. ( 5 ) Limitations on electrical signals. Only signal sources that emanate from the provider of wireline telecommunications central office, or that are generated in equipment at the customer's premises and are “non-hazardous voltage sources” as defined in the technical criteria published by the Administrative Council for Terminal Attachments, may be routed in premises telephone wiring, except for voltages for network control signaling and supervision that are consistent with standards employed by the provider of wireline telecommunications. Current on individual wiring conductors shall be limited to values which do not cause an excessive temperature rise, with due regard to insulation materials and ambient temperatures. The following table assumes a 45 °C temperature rise for wire sizes 22 AWG or larger, and a 40 °C rise for wire sizes smaller than 22 AWG, for poly-vinyl chloride insulating materials, and should be regarded as establishing maximum values to be derated accordingly in specific installations where ambient temperatures are in excess of 25 °C: Maximum Continuous Current Capacity of PVC Insulated Copper Wire, Confined Wire size, AWG Circular mils Maximum current, amperes 32 63.2 0.32 30 100.5 0.52 28 159.8 0.83 26 254.1 1.3 24 404.0 2.1 22 642.4 5.0 20 1022 7.5 18 1624 10 Note: The total current in all conductors of multiple conductor cables may not exceed 20% of the sum of the individual ratings of all such conductors. ( 6 ) Physical protection. In addition to the general requirements that wiring insulation be adequate and not damaged during placement of the wiring, wiring shall be protected from adverse effects of weather and the environment in which it is used. Where wiring is attached to building finish surfaces (surface wiring), it shall be suitably supported by means which do not affect the integrity of the wiring insulation. ( e ) Documentation requirements. A notarized affidavit and one copy thereof shall be prepared by the installation supervisor in advance of each operation associated with the installation, connection, reconfiguration and removal of other than fully-protected premises wiring (except when accomplished functionally using a cross-connect panel), except when involved with removal of the entire premises communications system using such wiring. This affidavit and its copy shall contain the following information: ( 1 ) The responsible supervisor's full name, business address and business telephone number. ( 2 ) The name of the registrant(s) (or manufacturer(s), if grandfathered equipment is involved) of any equipment to be used electrically between the wiring and the telephone network interface, which does not contain inherent protection against hazardous voltages and longitudinal imbalance. ( 3 ) A statement as to whether the supervisor complies with § 68.215(c) . Training and authority under § 68.215(c)(2)-(3) is required from the registrant (or manufacturer, if grandfathered equipment is involved) of the first piece of equipment electrically connected to the telephone network interface, other than passive equipments such as extensions, cross-connect panels, or adapters. In general, this would be the registrant (or manufacturer) of a system's common equipment. ( 4 ) The date(s) when placement and connection of the wiring will take place. ( 5 ) The business affiliation of the installation personnel. ( 6 ) Identification of specific national and local codes which will be adhered to. ( 7 ) The manufacturer(s); a brief description of the wire which will be used (model number or type); its conformance with recognized standards for wire if any (e.g., Underwriters Laboratories listing, Rural Electrification Administration listing, “KS-” specification, etc.); and a general description of the attachment of the wiring to the structure (e.g., run in conduit or ducts exclusively devoted to telephone wiring, “fished” through walls, surface attachment, etc.). ( 8 ) The date when acceptance testing for imbalance will take place. ( 9 ) The supervisor's signature. The notarized original shall be submitted to the provider of wireline telecommunications at least ten calendar days in advance of the placement and connection of the wiring. This time period may be changed by agreement of the provider of wireline telecommunications and the supervisor. The copy shall be maintained at the premises, available for inspection, so long as the wiring is used for telephone service. ( f ) Acceptance testing for imbalance. Each telephone network interface that is connected directly or indirectly to other than fully-protected premises wiring shall be subjected to the acceptance test procedures specified in this section whenever an operation associated with the installation, connection, reconfiguration or removal of this wiring (other than final removal) has been performed. ( 1 ) Test procedure for two-way or outgoing lines or loops. A telephone instrument may be associated directly or indirectly with the line or loop to perform this test if one is not ordinarily available to it: ( i ) Lift the handset of the telephone instrument to create the off-hook state on the line or loop under test. ( ii ) Listen for noise. Confirm that there is neither audible hum nor excessive noise. ( iii ) Listen for dial tone. Confirm that dial tone is present. ( iv ) Break dial tone by dialing a digit. Confirm that dial tone is broken as a result of dialing. ( v ) With dial tone broken, listen for audible hum or excessive noise. Confirm that there is neither audible hum nor excessive noise. ( 2 ) Test procedure for incoming-only (non-originating) lines or loops. A telephone instrument may be associated directly or indirectly with the line or loop to perform this test if one is not ordinarily available to it: ( i ) Terminate the line or loop under test in a telephone instrument in the on-hook state. ( ii ) Dial the number of the line or loop under test from another station, blocking as necessary other lines or loops to cause the line or loop under test to be reached. ( iii ) On receipt of ringing on the line or loop under test, lift the handset of the telephone instrument to create the off-hook state on that line or loop. ( iv ) Listen for audible hum or excessive noise. Confirm that there is neither audible hum nor excessive noise. ( 3 ) Failure of acceptance test procedures. Absence of dial tone before dialing, inability to break dial tone, or presence of audible hum or excessive noise (or any combination of these conditions) during test of two-way or outgoing lines or loops indicates failure. Inability to receive ringing, inability to break ringing by going off-hook, or presence of audible hum or excessive noise (or any combination of these conditions) during test of incoming-only lines or loops indicates failure. Upon any such failure, the failing equipment or portion of the premises communications system shall be disconnected from the network interface, and may not be reconnected until the cause of the failure has been isolated or removed. Any previously tested lines or loops shall be retested if they were in any way involved in the isolation and removal of the cause of the failure. ( 4 ) Monitoring or participation in acceptance testing by the provider of wireline telecommunications. The provider of wireline telecommunications may monitor or participate in the acceptance testing required under this section, in accordance with § 68.215(g) of this part , from its central office test desk or otherwise. ( g ) Extraordinary procedures. The provider of wireline communications is hereby authorized to limit the subscriber's right of connecting approved terminal equipment or protective circuitry with other than fully-protected premises wiring, but solely in accordance with this paragraph and § 68.108 of these rules. ( 1 ) ( i ) Conditions that may invoke these procedures. The extraordinary procedures authorized herein may only be invoked where one or more of the following conditions is present: ( A ) Information provided in the supervisor's affidavit gives reason to believe that a violation of part 68 of the FCC's rules is likely. ( B ) A failure has occurred during acceptance testing for imbalance. ( C ) Harm has occurred, and there is reason to believe that this harm was a result of wiring operations performed under this section. ( ii ) The extraordinary procedures authorized in the following subsections shall not be used so as to discriminate between installations by provider of wireline telecommunications personnel and installations by others. In general, this requires that any charges for these procedures be levied in accordance with, or analogous to, the “maintenance of service” tariff provisions: If the installation proves satisfactory, no charge should be levied. ( 2 ) Monitoring or participation in acceptance testing for imbalance. Notwithstanding the previous sub-section, the provider of wireline telecommunications may monitor or participate in acceptance testing for imbalance at the time of the initial installation of wiring in the absence of the conditions listed therein; at any other time, on or more of the listed conditions shall be present. Such monitoring or participation in acceptance testing should be performed from the central office test desk where possible to minimize costs. ( 3 ) Inspection. Subject to paragraph (g)(1) of this section, the provider of wireline telecommunications may inspect wiring installed pursuant to this section, and all of the splicing and connection points required to be accessible by § 68.215(d)(3) to determine compliance with this section. The user or installation supervisor shall either authorize the provider of wireline telecommunications to render the splicing and inspection points visible (e.g., by removing covers), or perform this action prior to the inspection. To minimize disruption of the premises communications system, the right of inspecting is limited as follows: ( i ) During initial installation of wiring: ( A ) The provider of wireline telecommunications may require withdrawal of up to 5 percent (measured linearly) of wiring run concealed in ducts, conduit or wall spaces, to determine conformance of the wiring to the information furnished in the affidavit. ( B ) In the course of any such inspection, the provider of wireline telecommunications shall have the right to inspect documentation required to be maintained at the premises under § 68.215(e) . ( ii ) After failure of acceptance testing or after harm has resulted from installed wiring: The provider of wireline telecommunications may require withdrawal of all wiring run concealed in ducts, conduit or wall spaces which reasonably could have caused the failure or harm, to determine conformance of the wiring to the information furnished in the affidavit. ( iii ) In the course of any such inspection, the provider of wireline telecommunications shall have the right to inspect documentation required to be maintained at the premises under § 68.215(e) . ( 4 ) Requiring the use of protective apparatus. In the event that any of the conditions listed in paragraph (g)(1) of this section, arises, and is not permanently remedied within a reasonable time period, the provider of wireline telecommunications may require the use of protective apparatus that either protects solely against hazardous voltages, or that protects both against hazardous voltages and imbalance. Such apparatus may be furnished either by the provider of wireline telecommunications or by the customer. This right is in addition to the rights of the provider of wireline telecommunications under § 68.108 . ( 5 ) Notice of the right to bring a complaint. In any case where the provider of wireline telecommunications invokes the extraordinary procedures of § 68.215(g) , it shall afford the customer the opportunity to correct the situation that gave rise to invoking these procedures, and inform the customer of the right to bring a complaint to the Commission pursuant to the procedures set forth in subpart E of this part . On complaint, the Commission reserves the right to perform any of the inspections authorized under this section, and to require the performance of acceptance tests. ( h ) Limitations on the foregoing if protected wiring requiring acceptance testing is used. If protected wiring is used which required acceptance testing, the requirements in the foregoing paragraphs of § 68.215 are hereby limited, as follows: ( 1 ) Supervision. Section 68.215(c)(2)-(3) are hereby waived. The supervisor is only required to have had at least six months of on-the-job experience in the installation of telephone terminal equipment or of wiring used with such equipment. ( 2 ) Extraordinary procedures. Section 68.215(g)(3) is hereby limited to allow for inspection of exposed wiring and connection and splicing points, but not for requiring the withdrawal of wiring from wiring run concealed in ducts, conduit or wall spaces unless actual harm has occurred, or a failure of acceptance testing has not been corrected within a reasonable time. In addition, § 68.215(g)(4) is hereby waived. [ 43 FR 16499 , Apr. 19, 1978, as amended at 44 FR 7958 , Feb. 8, 1979; 47 FR 37896 , Aug. 27, 1982; 49 FR 21735 , May 23, 1984; 58 FR 44907 , Aug. 25, 1993; 66 FR 7584 , Jan. 24, 2001] § 68.218 Responsibility of the party acquiring equipment authorization. ( a ) In acquiring approval for terminal equipment to be connected to the public switched telephone network, the responsible party warrants that each unit of equipment marketed under such authorization will comply with all applicable rules and regulations of this part and with the applicable technical criteria of the Administrative Council for Terminal Attachments. ( b ) The responsible party or its agent shall provide the user of the approved terminal equipment the following: ( 1 ) Consumer instructions required to be included with approved terminal equipment by the Administrative Council for Terminal Attachments; ( 2 ) For a telephone that is not hearing aid-compatible, as defined in § 68.316 of these rules: ( i ) Notice that FCC rules prohibit the use of that handset in certain locations; and ( ii ) A list of such locations (see § 68.112 ). ( c ) When approval is revoked for any item of equipment, the responsible party must take all reasonable steps to ensure that purchasers and users of such equipment are notified to discontinue use of such equipment. [ 66 FR 7585 , Jan. 24, 2001] § 68.224 Notice of non-hearing aid compatibility. Every non-hearing aid compatible telephone offered for sale to the public on or after August 17, 1989, whether previously-registered, newly registered or refurbished shall: ( a ) Contain in a conspicuous location on the surface of its packaging a statement that the telephone is not hearing aid compatible, as is defined in §§ 68.4(a)(3) and 68.316 , or if offered for sale without a surrounding package, shall be affixed with a written statement that the telephone is not hearing aid-compatible, as defined in §§ 68.4(a)(3) and 68.316 ; and ( b ) Be accompanied by instructions in accordance with § 68.218(b)(2) . [ 54 FR 21431 , May 18, 1989, as amended at 61 FR 42187 , Aug. 14, 1996; 83 FR 8632 , Feb. 28, 2018] Subpart D—Conditions for Terminal Equipment Approval Authority: 47 U.S.C. 154 , 155 , 303 , 610 . Source: 45 FR 20853 , Mar. 31, 1980, unless otherwise noted. § 68.300 Labeling requirements. ( a ) Terminal equipment approved as set out in this part must be labeled in accordance with the requirements published by the Administrative Council for Terminal Attachments and with requirements of this part for hearing aid compatibility and volume control. ( b ) All registered telephones, including cordless telephones, as defined in § 15.3(j) of this chapter , manufactured in the United States (other than for export) or imported for use in the United States, that are hearing aid compatible, as defined in § 68.316 , shall have the letters “HAC” permanently affixed thereto. “Permanently affixed” means that the label is etched, engraved, stamped, silkscreened, indelibly printed, or otherwise permanently marked on a permanently attached part of the equipment or on a nameplate of metal, plastic, or other material fastened to the equipment by welding, riveting, or a permanent adhesive. The label must be designed to last the expected lifetime of the equipment in the environment in which the equipment may be operated and must not be readily detachable. Telephones used with public mobile services or private radio services, and secure telephones, as defined by § 68.3 , are exempt from the requirement in this paragraph (b) . [ 62 FR 61664 , Nov. 19, 1997, as amended at 64 FR 3048 , Jan. 20, 1999; 66 FR 7585 , Jan. 24, 2001; 86 FR 23629 , May 4, 2021] § 68.316 Hearing aid compatibility: Technical requirements. A telephone handset is hearing aid compatible for the purposes of this section if it complies with the following standard, published by the Telecommunications Industry Association, copyright 1983, and reproduced by permission of the Telecommunications Industry Association: Electronic Industries Association Recommended Standard RS-504 Magnetic Field Intensity Criteria for Telephone Compatibility With Hearing Aids [ Prepared by EIA Engineering Committee TR-41 and the Hearing Industries Association's Standards and Technical Committee ] Table of Contents List of Illustrations 1 INTRODUCTION 2 SCOPE 3 DEFINITIONS 4 TECHNICAL REQUIREMENTS 4.1 General 4.2 Axial Field Intensity 4.3 Radial Field Intensity 4.4 Induced Voltage Frequency Response Appendix A—Bibliography List of Illustrations Figure Number 1 Reference and Measurement Planes and Axes 2 Measurement Block Diagram 3 Probe Coil Parameters 4A Induced Voltage Frequency Response for receivers with an axial field that exceeds −19 dB 4B Induced Voltage Frequency Response for receivers with an axial field that exceeds −22 dB but is less than −19 dB Magnetic Field Intensity Criteria for Telephone Compatibility With Hearing Aids (From EIA Standards Proposal No. 1652, formulated under the cognizance of EIA TR-41 Committee on Voice Telephone Terminals and the Hearing Industries Association's Standards and Technical Committee.) 1 Introduction Hearing-aid users have used magnetic coupling to enable them to participate in telephone communications since the 1940's. Magnetic pick-ups in hearing-aids have provided for coupling to many, but not all, types of telephone handsets. A major reason for incompatibility has been the lack of handset magnetic field intensity requirements. Typically, whatever field existed had been provided fortuitously rather than by design. More recently, special handset designs, e.g., blue grommet handsets associated with public telephones, have been introduced to provide hearing-aid coupling and trials were conducted to demonstrate the acceptability of such designs. It is anticipated that there will be an increase in the number of new handset designs in the future. A standard definition of the magnetic field intensity emanating from telephone handsets intended to provide hearing-aid coupling is needed so that hearing-aid manufacturers can design their product to use this field, which will be guaranteed in handsets which comply with this standard. 1.1 This standard is one of a series of technical standards on voice telephone terminal equipment prepared by EIA Engineering Committee TR-41. This document, with its companion standards on Private Branch Exchanges (PBX), Key Telephone Systems (KTS), Telephones and Environmental and Safety Considerations (Refs: A1, A2, A3 and A4) fills a recognized need in the telephone industry brought about by the increasing use in the public telephone network of equipment supplied by numerous manufacturers. It will be useful to anyone engaged in the manufacture of telephone terminal equipment and hearing-aids and to those purchasing, operating or using such equipment or devices. 1.2 This standard is intended to be a living document, subject to revision and updating as warranted by advances in network and terminal equipment technology and changes in the FCC Rules and Regulations. 2 Scope 2.1 The purpose of this document is to establish formal criteria defining the magnetic field intensity presented by a telephone to which hearing aids can couple. The requirements are based on present telecommunications plant characteristics at the telephone interface. The telephone will also be subject to the applicable requirements of EIA RS-470, Telephone Instruments with Loop Signaling for Voiceband Applications (Ref: A3) and the environmental requirements specified in EIA Standards Project PN-1361, Environmental and Safety Considerations for Voice Telephone Terminals, when published (Ref: A4). Telephones which meet these requirements should ensure satisfactory service to users of magnetically coupled hearing-aids in a high percentage of installations, both initially and over some period of time, as the network grows and changes occur in telephone serving equipment. However, due to the wide range of customer apparatus and loop plant and dependent on the environment in which the telephone and hearing aid are used, conformance with this standard does not guarantee acceptable performance or interface compatibility under all possible operating conditions. 2.2 A telephone complies with this standard if it meets the requirements in this standard when manufactured and can be expected to continue to meet these requirements when properly used and maintained. For satisfactory service a telephone needs to be capable, through the proper selection of equipment options, of satisfying the requirements applicable to its marketing area. 2.3 The standard is intended to be in conformance with part 68 of the FCC Rules and Regulations, but it is not limited to the scope of those rules (Ref: A5). 2.4 The signal level and method of measurement in this standard have been chosen to ensure reproducible results and permit comparison of evaluations. The measured magnetic field intensity will be approximately 15 dB above the average level encountered in the field and the measured high-end frequency response will be greater than that encountered in the field. 2.5 The basic accuracy and reproducibility of measurements made in accordance with this standard will depend primarily upon the accuracy of the test equipment used, the care with which the measurements are conducted, and the inherent stability of the devices under test. 3 Definitions This section contains definitions of terms needed for proper understanding and application of this standard which are not believed to be adequately treated elsewhere. A glossary of telephone terminology, which will be published as a companion volume to the series of technical standards on Telephone Terminals For Voiceband Applications, is recommended as a general reference and for definitions not covered in this section. 3.1 A telephone is a terminal instrument which permits two-way, real-time voice communication with a distant party over a network or customer premises connection. It converts real-time voice and voiceband acoustic signals into electrical signals suitable for transmission over the telephone network and converts received electrical signals into acoustic signals. A telephone which meets the requirements of this standard also generates a magnetic field to which hearing-aids may couple. 3.2 The telephone boundaries are the electrical interface with the network, PBX or KTS and the acoustic, magnetic and mechanical interfaces with the user. The telephone may also have an electrical interface with commercial power. 3.3 A hearing aid is a personal electronic amplifying device, intended to increase the loudness of sound and worn to compensate for impaired hearing. When equipped with an optional inductive pick-up coil (commonly called a telecoil), a hearing aid can be used to amplify magnetic fields such as those from telephone receivers or induction-loop systems. 3.4 The reference plane is the planar area containing points of the receiver-end of the handset which, in normal handset use, rest against the ear (see Fig 1). 3.5 The measurement plane is parallel to, and 10 mm in front of, the reference plane (see Fig 1). 3.6 The reference axis is normal to the reference plane and passes through the center of the receiver cap (or the center of the hole array, for handset types that do not have receiver caps). 3.7 The measurement axis is parallel to the reference axis but may be displaced from that axis, by a maximum of 10 mm (see Fig 1). Within this constraint, the measurement axis may be located where the axial and radial field intensity measurements, are optimum with regard to the requirements. In a handset with a centered receiver and a circularly symmetrical magnetic field, the measurement axis and the reference axis would coincide. 4 Technical Requirements 4.1 General. These criteria apply to handsets when tested as a constituent part of a telephone. 4.1.1 Three parameters descriptive of the magnetic field at points in the measurement plane shall be used to ascertain adequacy for magnetic coupling. These three parameters are intensity, direction and frequency response, associated with the field vector. 4.1.2 The procedures for determining the parameter values are defined in the IEEE Standard Method For Measuring The Magnetic Field Intensity Around A Telephone Receiver (Ref: A6), with the exception that this EIA Recommended Standard does not require that the measurements be made using an equivalent loop of 2.75 km of No. 26 AWG cable, but uses a 1250-ohm resistor in series with the battery feed instead (see Fig 2). 4.1.3 When testing other than general purpose analog telephones, e.g., proprietary or digital telephones, an appropriate feed circuit and termination shall be used that produces equivalent test conditions. 4.2 Axial Field Intensity. When measured as specified in 4.1.2, the axial component of the magnetic field directed along the measurement axis and located at the measurement plane, shall be greater than −22 dB relative to 1 A/m, for an input of −10 dBV at 1000 Hz (see Fig 2). Note: If the magnitude of the axial component exceeds −19 dB relative to 1 A/m, some relaxation in the frequency response is permitted (See 4.4.1). 4.3 Radial Field Intensity. When measured as specified in 4.1.2, radial components of the magnetic field as measured at four points 90° apart, and at a distance ≥16 mm from the measurement axis (as selected in 4.2), shall be greater than −27 dB relative to 1 A/m, for an input of −10 dBV at 1000 Hz (see Fig 2). 4.4 Induced Voltage Frequency Response. The frequency response of the voltage induced in the probe coil by the axial component of the magnetic field as measured in 4.2, shall fall within the acceptable region of Fig 4A or Fig 4B (see 4.4.1 and 4.4.2), over the frequency range 300-to-3300 Hz. 4.4.1 For receivers with an axial component which exceeds −19 dB relative to 1 A/m, when measured as specified in 4.1.2, the frequency response shall fall within the acceptable region of Fig 4A. 4.4.2 For receivers with an axial component which is less than −19 dB but greater than −22 dB relative to 1 A/m, when measured as specified in 4.1.2, the frequency response shall fall within the acceptable region of Fig 4B. Appendix A—Bibliography (A1) EIA Standard RS-464, Private Branch Exchange (PBX) Switching Equipment for Voiceband Applications. (A2) EIA Standard RS-478, Multi-Line Key Telephone Systems (KTS) for Voiceband Applications. (A3) EIA Standard RS-470, Telephone Instruments with Loop Signaling for Voiceband Applications. (A4) EIA Project Number PN-1361, Environmental and Safety Considerations for Voice Telephone Terminals. (A5) Federal Communications Commission Rules and Regulations, part 68, Connection of Terminal Equipment to the Telephone Network. (A6) IEEE Standard, Method for Measuring the Magnetic Field arould a Telephone Receiver. (to be published) [ 49 FR 1363 , Jan. 11, 1984, as amended at 61 FR 42187 , Aug. 14, 1996] § 68.317 Hearing aid compatibility volume control: technical standards. ( a ) ( 1 ) A telephone manufactured in the United States or imported for use in the United States prior to February 28, 2020, complies with the volume control requirements of this section if it complies with: ( i ) The applicable provisions of paragraphs (b) through (g) of this section; or ( ii ) Paragraph (h) of this section. ( 2 ) A telephone manufactured in the United States or imported for use in the United States on or after February 28, 2020, complies with the volume control requirements of this section if it complies with paragraph (h) of this section. ( b ) An analog telephone complies with the Commission's volume control requirements if the telephone is equipped with a receive volume control that provides, through the receiver in the handset or headset of the telephone, 12 dB of gain minimum and up to 18 dB of gain maximum, when measured in terms of Receive Objective Loudness Rating (ROLR), as defined in paragraph 4.1.2 of ANSI/EIA-470-A-1987 (Telephone Instruments With Loop Signaling) . The 12 dB of gain minimum must be achieved without significant clipping of the test signal. The telephone also shall comply with the upper and lower limits for ROLR given in table 4.4 of ANSI/EIA-470-A-1987 when the receive volume control is set to its normal unamplified level. Note 1 to paragraph ( b ): Paragraph 4.1.2 of ANSI/EIA-470-A-1987 identifies several characteristics related to the receive response of a telephone. It is only the normal unamplified ROLR level and the change in ROLR as a function of the volume control setting that are relevant to the specification of volume control as required by this section. ( c ) The ROLR of an analog telephone shall be determined over the frequency range from 300 to 3300 HZ for short, average, and long loop conditions represented by 0, 2.7, and 4.6 km of 26 AWG nonloaded cable, respectively. The specified length of cable will be simulated by a complex impedance. (See Figure A.) The input level to the cable simulator shall be −10 dB with respect to 1 V open circuit from a 900 ohm source. ( d ) A digital telephone complies with the Commission's volume control requirements if the telephone is equipped with a receive volume control that provides, through the receiver of the handset or headset of the telephone, 12 dB of gain minimum and up to 18 dB of gain maximum, when measured in terms of Receive Objective Loudness Rating (ROLR), as defined in paragraph 4.3.2 of ANSI/EIA/TIA-579-1991 (Acoustic-To-Digital and Digital-To-Acoustic Transmission Requirements for ISDN Terminals). The 12 dB of gain minimum must be achieved without significant clipping of the test signal. The telephone also shall comply with the limits on the range for ROLR given in paragraph 4.3.2.2 of ANSI/EIA/TIA-579-1991 when the receive volume control is set to its normal unamplified level. ( e ) The ROLR of a digital telephone shall be determined over the frequency range from 300 to 3300 Hz using the method described in paragraph 4.3.2.1 of ANSI/EIA/TIA-579-1991. No variation in loop conditions is required for this measurement since the receive level of a digital telephone is independent of loop length. ( f ) The ROLR for either an analog or digital telephone shall first be determined with the receive volume control at its normal unamplified level. The minimum volume control setting shall be used for this measurement unless the manufacturer identifies a different setting for the nominal volume level. The ROLR shall then be determined with the receive volume control at its maximum volume setting. Since ROLR is a loudness rating value expressed in dB of loss, more positive values of ROLR represent lower receive levels. Therefore, the ROLR value determined for the maximum volume control setting should be subtracted from that determined for the nominal volume control setting to determine compliance with the gain requirement. ( g ) The 18 dB of receive gain may be exceeded provided that the amplified receive capability automatically resets to nominal gain when the telephone is caused to pass through a proper on-hook transition in order to minimize the likelihood of damage to individuals with normal hearing. ( h ) A telephone complies with the Commission's volume control requirements if it is equipped with a receive volume control that provides, through the receiver in the handset of the telephone, at the loudest volume setting, a conversational gain greater than or equal to 18 dB and less than or equal to 24 dB Conversational Gain when measured as described in ANSI/TIA-4965-2012 (Telecommunications—Telephone Terminal Equipment—Receive Volume Control Requirements for Digital and Analog Wireline Telephones). A minimum of 18 dB Conversational Gain must be achieved without significant clipping of the speech signal used for testing. The maximum 24 dB Conversational Gain may be exceeded if the amplified receive capability automatically resets to a level of not more than 24 dB Conversational Gain when the telephone is caused to pass through a proper on-hook transition, in order to minimize the likelihood of damage to individuals with normal hearing. ( i ) Incorporation by reference. The material listed in this paragraph (i) is incorporated by reference in this section with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 . All approved incorporation by reference (IBR) material is available for inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material may be obtained from the following source in this paragraph (i) : ( 1 ) The following standards are available from the Telecommunications Industry Association (TIA), 1320 North Courthouse Road, Suite 200, Arlington, VA 22201, (877) 413-5184, email to smontgomery@tiaonline.org , and http://www.tiaonline.org/standards/catalog . ( i ) Paragraph 4.1.2 (including table 4.4) of American National Standards Institute (ANSI) Standard ANSI/EIA-470-A-1987, Telephone Instruments with Loop Signaling, July 1987. ( ii ) Paragraph 4.3.2 of ANSI/EIA/TIA-579-1991, Acoustic-to-Digital and Digital-to-Acoustic Transmission Requirements for ISDN Terminals, February 1991. ( iii ) ANSI/TIA-4965-2012, Telecommunications; Telephone Terminal Equipment; Receive Volume Control Requirements for Digital and Analog Wireline Handset Terminals, approved October 19, 2012. ( 2 ) [Reserved] [ 61 FR 42187 , Aug. 14, 1996, as amended at 64 FR 60726 , Nov. 8, 1999; 67 FR 13229 , Mar. 21, 2002; 69 FR 18803 , Apr. 9, 2004; 83 FR 8632 , Feb. 28, 2018; 85 FR 64408 , Oct. 13, 2020; 88 FR 21445 , Apr. 10, 2023] § 68.318 Additional limitations. ( a ) General. Registered terminal equipment for connection to those services discussed below must incorporate the specified features. ( b ) Registered terminal equipment with automatic dialing capability. ( 1 ) Automatic dialing to any individual number is limited to two successive attempts. Automatic dialing equipment which employ means for detecting both busy and reorder signals shall be permitted an additional 13 attempts if a busy or reorder signal is encountered on each attempt. The dialer shall be unable to re-attempt a call to the same number for at least 60 minutes following either the second or fifteenth successive attempt, whichever applies, unless the dialer is reactivated by either manual or external means. This rule does not apply to manually activated dialers that dial a number once following each activation. Note to paragraph ( b )(1): Emergency alarm dialers and dialers under external computer control are exempt from these requirements. ( 2 ) If means are employed for detecting both busy and reorder signals, the automatic dialing equipment shall return to its on-hook state within 15 seconds after detection of a busy or reorder signal. ( 3 ) If the called party does not answer, the automatic dialer shall return to the on-hook state within 60 seconds of completion of dialing. ( 4 ) If the called party answers, and the calling equipment does not detect a compatible terminal equipment at the called end, then the automatic dialing equipment shall be limited to one additional call which is answered. The automatic dialing equipment shall comply with paragraphs (b)(1) , (b)(2) , and (b)(3) of this section for additional call attempts that are not answered. ( 5 ) Sequential dialers shall dial only once to any individual number before proceeding to dial another number. ( 6 ) Network addressing signals shall be transmitted no earlier than: ( i ) 70 ms after receipt of dial tone at the network demarcation point; or ( ii ) 600 ms after automatically going off-hook (for single line equipment that does not use dial tone detectors); or ( iii ) 70 ms after receipt of CO ground start at the network demarcation point. ( c ) Line seizure by automatic telephone dialing systems. Automatic telephone dialing systems which deliver a recorded message to the called party must release the called party's telephone line within 5 seconds of the time notification is transmitted to the system that the called party has hung up, to allow the called party's line to be used to make or receive other calls. ( d ) Telephone facsimile machines; Identification of the sender of the message. It shall be unlawful for any person within the United States to use a computer or other electronic device to send any message via a telephone facsimile machine unless such person clearly marks, in a margin at the top or bottom of each transmitted page of the message or on the first page of the transmission, the date and time it is sent and an identification of the business, other entity, or individual sending the message and the telephone number of the sending machine or of such business, other entity, or individual. If a facsimile broadcaster demonstrates a high degree of involvement in the sender's facsimile messages, such as supplying the numbers to which a message is sent, that broadcaster's name, under which it is registered to conduct business with the State Corporation Commission (or comparable regulatory authority), must be identified on the facsimile, along with the sender's name. Telephone facsimile machines manufactured on and after December 20, 1992, must clearly mark such identifying information on each transmitted page. ( e ) Requirement that registered equipment allow access to common carriers. Any equipment or software manufactured or imported on or after April 17, 1992, and installed by any aggregator shall be technologically capable of providing consumers with access to interstate providers of operator services through the use of equal access codes. The terms used in this paragraph shall have meanings defined in § 64.708 of this chapter ( 47 CFR 64.708 ). [ 62 FR 61691 , Nov. 19, 1997, as amended at 68 FR 44179 , July 25, 2003] § 68.320 Supplier's Declaration of Conformity. ( a ) Supplier's Declaration of Conformity is a procedure where the responsible party, as defined in § 68.3 , makes measurements or takes other necessary steps to ensure that the terminal equipment complies with the appropriate technical standards. ( b ) The Supplier's Declaration of Conformity attaches to all items subsequently marketed by the responsible party which are identical, within the variation that can be expected to arise as a result of quantity production techniques, to the sample tested and found acceptable by the responsible party. ( c ) The Supplier's Declaration of Conformity signifies that the responsible party has determined that the equipment has been shown to comply with the applicable technical criteria if no unauthorized change is made in the equipment and if the equipment is properly maintained and operated. ( d ) The responsible party, if different from the manufacturer, may upon receiving a written statement from the manufacturer that the equipment complies with the appropriate technical criteria, rely on the manufacturer or independent testing agency to determine compliance. Any records that the Administrative Council for Terminal Attachments requires the responsible party to maintain shall be in the English language and shall be made available to the Commission upon a request. ( e ) No person shall use or make reference to a Supplier's Declaration of Conformity in a deceptive or misleading manner or to convey the impression that such a Supplier's Declaration of Conformity reflects more than a determination by the responsible party that the device or product has been shown to be capable of complying with the applicable technical criteria. [ 66 FR 7585 , Jan. 24, 2001, as amended at 83 FR 8633 , Feb. 28, 2018] § 68.321 Location of responsible party. The responsible party for a Supplier's Declaration of Conformity must designate an agent for service of process that is physically located within the United States. [ 67 FR 57182 , Sept. 9, 2002] § 68.322 Changes in name, address, ownership or control of responsible party. ( a ) The responsible party for a Supplier's Declaration of Conformity may license or otherwise authorize a second party to manufacture the equipment covered by the Supplier's Declaration of Conformity provided that the responsible party shall continue to be responsible to the Commission for ensuring that the equipment produced pursuant to such an agreement remains compliant with the appropriate standards. ( b ) In the case of transactions affecting the responsible party of a Supplier's Declaration of Conformity, such as a transfer of control or sale to another company, mergers, or transfer of manufacturing rights, the successor entity shall become the responsible party. [ 66 FR 7586 , Jan. 24, 2001] § 68.324 Supplier's Declaration of Conformity requirements. ( a ) Each responsible party shall include in the Supplier's Declaration of Conformity, the following information: ( 1 ) The identification and a description of the responsible party for the Supplier's Declaration of Conformity and the product, including the model number of the product, ( 2 ) A statement that the terminal equipment conforms with applicable technical requirements, and a reference to the technical requirements, ( 3 ) The date and place of issue of the declaration, ( 4 ) The signature, name and function of person making declaration, ( 5 ) A statement that the handset, if any, complies with § 68.316 of these rules (defining hearing aid compatibility), or that it does not comply with that section. A telephone handset which complies with § 68.316 shall be deemed a “hearing aid-compatible telephone” for purposes of § 68.4 . ( 6 ) Any other information required to be included in the Supplier's Declaration of Conformity by the Administrative Council of Terminal Attachments. ( b ) If the device that is subject to a Supplier's Declaration of Conformity is designed to operate in conjunction with other equipment, the characteristics of which can affect compliance of such device with part 68 rules and/or with technical criteria published by the Administrative Council for Terminal Attachments, then the Model Number(s) of such other equipment must be supplied, and such other equipment must also include a Supplier's Declaration of Conformity or a certification from a Telecommunications Certification Body. ( c ) The Supplier's Declaration of Conformity shall be included in the user's manual or as a separate document enclosed with the terminal equipment. ( d ) If terminal equipment is not subject to a Supplier's Declaration of Conformity, but instead contains protective circuitry that is subject to a Supplier's Declaration of Conformity, then the responsible party for the protective circuitry shall include with each module of such circuitry, a Supplier's Declaration of Conformity containing the information required under § 68.340(a) , and the responsible party of such terminal equipment shall include such statement with each unit of the product. ( e ) ( 1 ) The responsible party for the terminal equipment subject to a Supplier's Declaration of Conformity also shall provide to the purchaser of such terminal equipment, instructions as required by the Administrative Council for Terminal Attachments. ( 2 ) A copy of the Supplier's Declaration of Conformity shall be provided to the Administrative Council for Terminal Attachments along with any other information the Administrative Council for Terminal Attachments requires; this information shall be made available to the public. ( 3 ) The responsible party shall make a copy of the Supplier's Declaration of Conformity freely available to the general public on its company website. The information shall be accessible to the disabled community from the website. If the responsible party does not have a functional and reliable website, then the responsible party shall inform the Administrative Council for Terminal Attachments of such circumstances, and the Administrative Council for Terminal Attachments shall make a copy available on its website. ( f ) For a telephone that is not hearing aid-compatible, as defined in § 68.316 of this part , the responsible party also shall provide the following in the Supplier's Declaration of Conformity: ( 1 ) Notice that FCC rules prohibit the use of that handset in certain locations; and ( 2 ) A list of such locations (see § 68.112 ). [ 66 FR 7586 , Jan. 24, 2001] § 68.326 Retention of records. ( a ) The responsible party for a Supplier's Declaration of Conformity shall maintain records containing the following information: ( 1 ) A copy of the Supplier's Declaration of Conformity; ( 2 ) The identity of the testing facility, including the name, address, phone number and other contact information. ( 3 ) A detailed explanation of the testing procedure utilized to determine whether terminal equipment conforms to the appropriate technical criteria. ( 4 ) A copy of the test results for terminal equipment compliance with the appropriate technical criteria. ( b ) For each device subject to the Supplier's Declaration of Conformity requirement, the responsible party shall maintain all records required under § 68.326(a) for at least ten years after the manufacture of said equipment has been permanently discontinued, or until the conclusion of an investigation or a proceeding, if the responsible party is officially notified prior to the expiration of such ten year period that an investigation or any other administrative proceeding involving its equipment has been instituted, whichever is later. [ 66 FR 7586 , Jan. 24, 2001] § 68.346 Description of testing facilities. ( a ) Each responsible party for equipment that is subject to a Supplier's Declaration of Conformity under this part, shall compile a description of the measurement facilities employed for testing the equipment. The responsible party for the Supplier's Declaration of Conformity shall retain a description of the measurement facilities. ( b ) The description shall contain the information required to be included by the Administrative Council for Terminal Attachments. [ 66 FR 7586 , Jan. 24, 2001] § 68.348 Changes in equipment and circuitry subject to a Supplier's Declaration of Conformity. ( a ) No change shall be made in terminal equipment or protective circuitry that would result in any material change in the information contained in the Supplier's Declaration of Conformity Statement furnished to users. ( b ) Any other changes in terminal equipment or protective circuitry which is subject to an effective Supplier's Declaration of Conformity shall be made only by the responsible party or an authorized agent thereof, and the responsible party will remain responsible for the performance of such changes. [ 66 FR 7586 , Jan. 24, 2001] § 68.350 Revocation of Supplier's Declaration of Conformity. ( a ) The Commission may revoke any Supplier's Declaration of Conformity for cause in accordance with the provisions of this section or in the event changes in technical standards published by the Administrative Council for Terminal Attachments require the revocation of any outstanding Supplier's Declaration of Conformity in order to achieve the objectives of part 68. ( b ) Cause for revocation. In addition to the provisions in § 68.211 , the Commission may revoke a Supplier's Declaration of Conformity: ( 1 ) For false statements or representations made in materials or responses submitted to the Commission and/or the Administrative Council for Terminal Attachments, or in records required to be kept by § 68.324 and the Administrative Council for Terminal Attachments. ( 2 ) If upon subsequent inspection or operation it is determined that the equipment does not conform to the pertinent technical requirements. ( 3 ) If it is determined that changes have been made in the equipment other that those authorized by this part or otherwise expressly authorized by the Commission. [ 66 FR 7587 , Jan. 24, 2001] § 68.354 Numbering and labeling requirements for terminal equipment. ( a ) Terminal equipment and protective circuitry that is subject to a Supplier's Declaration of Conformity or that is certified by a Telecommunications Certification Body shall have labels in a place and manner required by the Administrative Council for Terminal Attachments. ( b ) Terminal equipment labels shall include an identification numbering system in a manner required by the Administrative Council for Terminal Attachments. ( c ) If the Administrative Council for Terminal Attachments chooses to continue the practice of utilizing a designated “FCC” number, it shall include in its labeling requirements a warning that the Commission no longer directly approves or registers terminal equipment. ( d ) Labeling developed for terminal equipment by the Administrative Council on Terminal Attachments shall contain sufficient information for providers of wireline telecommunications, the Federal Communications Commission, and the U.S. Customs Service to carry out their functions, and for consumers to easily identify the responsible party of their terminal equipment. The numbering and labeling scheme shall be nondiscriminatory, creating no competitive advantage for any entity or segment of the industry. ( e ) FCC numbering and labeling requirements existing prior to the effective date of these rules shall remain unchanged until the Administrative Council for Terminal Attachments publishes its numbering and labeling requirements. [ 66 FR 7587 , Jan. 24, 2001, as amended at 67 FR 57182 , Sept. 9, 2002] Subpart E—Complaint Procedures §§ 68.400-68.412 [Reserved] § 68.414 Hearing aid-compatibility: Enforcement. Enforcement of §§ 68.4 and 68.112 is hereby delegated to those states which adopt those sections and provide for their enforcement. The procedures followed by a state to enforce those sections shall provide a 30-day period after a complaint is filed, during which time state personnel shall attempt to resolve a dispute on an informal basis. If a state has not adopted or incorporated §§ 68.4 and 68.112 , or failed to act within 6 months from the filing of a complaint with the state public utility commission, the Commission will accept such complaints. A written notification to the complainant that the state believes action is unwarranted is not a failure to act. [ 49 FR 1368 , Jan. 11, 1984] § 68.415 Hearing aid-compatibility and volume control informal complaints. Persons with complaints under §§ 68.4 and 68.112 that are not addressed by the states pursuant to § 68.414 , and all other complaints regarding rules in this part pertaining to hearing aid compatibility and volume control, may bring informal complaints as described in § 68.416 through § 68.420 . All responsible parties of terminal equipment are subject to the informal complaint provisions specified in this section. [ 66 FR 7587 , Jan. 24, 2001] § 68.417 Informal complaints; form and content. ( a ) An informal complaint alleging a violation of hearing aid compatibility and/or volume control rules in this subpart may be transmitted to the Consumer Information Bureau by any reasonable means, e.g., letter, facsimile transmission, telephone (voice/TRS/TTY), Internet e-mail, ASCII text, audio-cassette recording, and Braille. ( b ) An informal complaint shall include: ( 1 ) The name and address of the complainant; ( 2 ) The name and address of the responsible party, if known, or the manufacturer or provider against whom the complaint is made; ( 3 ) A full description of the terminal equipment about which the complaint is made; ( 4 ) The date or dates on which the complainant purchased, acquired or used the terminal equipment about which the complaint is being made; ( 5 ) A complete statement of the facts, including documentation where available, supporting the complainant's allegation that the defendant has failed to comply with the requirements of this subpart; ( 6 ) The specific relief or satisfaction sought by the complainant, and ( 7 ) The complainant's preferred format or method of response to the complaint by the Commission and defendant (e.g., letter, facsimile transmission, telephone (voice/TRS/TTY), Internet e-mail, ASCII text, audio-cassette recording, Braille; or some other method that will best accommodate the complainant's disability). [ 66 FR 7587 , Jan. 24, 2001] § 68.418 Procedure; designation of agents for service. ( a ) The Commission shall promptly forward any informal complaint meeting the requirements of § 68.17 to each responsible party named in or determined by the staff to be implicated by the complaint. Such responsible party or parties shall be called on to satisfy or answer the complaint within the time specified by the Commission. ( b ) To ensure prompt and effective service of informal complaints filed under this subpart, every responsible party of equipment approved pursuant to this part shall designate and identify one or more agents upon whom service may be made of all notices, inquiries, orders, decisions, and other pronouncements of the Commission in any matter before the Commission. Such designation shall be provided to the Commission and shall include a name or department designation, business address, telephone number, and, if available, TTY number, facsimile number, and Internet e-mail address. The Commission shall make this information available to the public. [ 66 FR 7587 , Jan. 24, 2001, as amended at 73 FR 25591 , May 7, 2008] § 68.419 Answers to informal complaints. Any responsible party to whom the Commission or the Consumer Information Bureau under this subpart directs an informal complaint shall file an answer within the time specified by the Commission or the Consumer Information Bureau. The answer shall: ( a ) Be prepared or formatted in the manner requested by the complainant pursuant to § 68.417 , unless otherwise permitted by the Commission or the Consumer Information Bureau for good cause shown; ( b ) Describe any actions that the defendant has taken or proposes to take to satisfy the complaint; ( c ) Advise the complainant and the Commission or the Consumer Information Bureau of the nature of the defense(s) claimed by the defendant; ( d ) Respond specifically to all material allegations of the complaint; and ( e ) Provide any other information or materials specified by the Commission or the Consumer Information Bureau as relevant to its consideration of the complaint. [ 66 FR 7587 , Jan. 24, 2001] § 68.420 Review and disposition of informal complaints. ( a ) Where it appears from the defendant's answer, or from other communications with the parties, that an informal complaint has been satisfied, the Commission or the Consumer Information Bureau on delegated authority may, in its discretion, consider the informal complaint closed, without response to the complainant or defendant. In all other cases, the Commission or the Consumer Information Bureau shall inform the parties of its review and disposition of a complaint filed under this subpart. Where practicable, this information (the nature of which is specified in paragraphs (b) through (d) of this section, shall be transmitted to the complainant and defendant in the manner requested by the complainant, (e.g., letter, facsimile transmission, telephone (voice/TRS/TTY), Internet e-mail, ASCII text, audio-cassette recording, or Braille). ( b ) In the event the Commission or the Consumer and Governmental Affairs Bureau determines, based on a review of the information provided in the informal complaint and the defendant's answer thereto, that no further action is required by the Commission or the Consumer and Governmental Affairs Bureau with respect to the allegations contained in the informal complaint, the informal complaint shall be closed and the complainant and defendant shall be duly informed of the reasons therefor. A complainant, unsatisfied with the defendant's response to the informal complaint and the staff decision to terminate action on the informal complaint, may file a complaint with the Commission or the Enforcement Bureau as specified in §§ 68.400 through 68.412 . ( c ) In the event the Commission or the Consumer Information Bureau on delegated authority determines, based on a review of the information presented in the informal complaint and the defendant's answer thereto, that a material and substantial question remains as to the defendant's compliance with the requirements of this subpart, the Commission or the Consumer Information Bureau may conduct such further investigation or such further proceedings as may be necessary to determine the defendant's compliance with the requirements of this subpart and to determine what, if any, remedial actions and/or sanctions are warranted. ( d ) In the event that the Commission or the Consumer Information Bureau on delegated authority determines, based on a review of the information presented in the informal complaint and the defendant's answer thereto, that the defendant has failed to comply with or is presently not in compliance with the requirements of this subpart, the Commission or the Consumer Information Bureau on delegated authority may order or prescribe such remedial actions and/or sanctions as are authorized under the Act and the Commission's rules and which are deemed by the Commission or the Consumer Information Bureau on delegated authority to be appropriate under the facts and circumstances of the case. [ 66 FR 7588 , Jan. 24, 2001, as amended at 67 FR 13229 , Mar. 21, 2002] § 68.423 Actions by the Commission on its own motion. The Commission may on its own motion conduct such inquiries and hold such proceedings as it may deem necessary to enforce the requirements of this subpart. The procedures to be followed by the Commission shall, unless specifically prescribed in the Act and the Commission's rules, be such as in the opinion of the Commission will best serve the purposes of such inquiries and proceedings. [ 66 FR 7588 , Jan. 24, 2001] Subpart F—ACS Telephonic CPE Source: 83 FR 8633 , Feb. 28, 2018, unless otherwise noted. § 68.501 Authorization procedures. ( a ) Authorization required. Unless exempt from the requirements of §§ 68.4 and 68.6 , ACS telephonic CPE manufactured in or imported into the United States after February 28, 2020, shall be certified as hearing aid compatible by a Telecommunications Certification Body or the responsible party shall follow the procedures in this part for a Supplier's Declaration of Conformity to establish that such CPE is hearing aid compatible. ( b ) Certification. The requirements of §§ 68.160 and 68.162 shall apply to the certification of ACS telephonic CPE as hearing aid compatible. ( c ) Supplier's Declaration of Conformity. The requirements of §§ 68.320-68.350 (except § 68.324(f) ) shall apply to the use of the Supplier's Declaration of Conformity procedure to establish that ACS telephonic CPE is hearing aid compatible. ( d ) Revocation procedures. ( 1 ) The Commission may revoke the authorization of ACS telephonic CPE under this section, where: ( i ) The equipment approval is shown to have been obtained by misrepresentation; ( ii ) The responsible party willfully or repeatedly fails to comply with the terms and conditions of its equipment approval; or ( iii ) The responsible party willfully or repeatedly fails to comply with any rule, regulation or order issued by the Commission under the Communications Act of 1934 relating to terminal equipment. ( 2 ) Before revoking such authorization, the Commission, or the Enforcement Bureau under delegated authority, will issue a written Notice of Intent to Revoke part 68 Authorization, or a Joint Notice of Apparent Liability for Forfeiture and Notice of Intent to Revoke part 68 Authorization, pursuant to §§ 1.80 and 1.89 of this chapter . The notice will be sent to the responsible party for the equipment at issue at the address provided to the Administrative Council for Terminal Attachments. A product that has had its authorization revoked may not be reauthorized for a period of six months from the date of revocation of the approval. A responsible party for ACS telephonic CPE that has had its authorization revoked or that has been assessed a forfeiture, or both, may request reconsideration or make administrative appeal of the decision pursuant to part 1 of the Commission's rules: Practice and Procedure, part 1 of this chapter . § 68.502 Labeling, warranty, instructions, and notice of revocation of approval. ( a ) Labeling — ( 1 ) Hearing aid compatible equipment. All ACS telephonic CPE manufactured in the United States (other than for export) or imported for use in the United States after February 28, 2020, that is hearing aid compatible, as defined in §§ 68.316 and 68.317 , shall have the letters “HAC” permanently affixed thereto. “Permanently affixed” means that the label is etched, engraved, stamped, silkscreened, indelibly printed, or otherwise permanently marked on a permanently attached part of the equipment or on a nameplate of metal, plastic, or other material fastened to the equipment by welding, riveting, or a permanent adhesive. The label must be designed to last the expected lifetime of the equipment in the environment in which the equipment may be operated and must not be readily detachable. ( 2 ) Non-hearing aid compatible equipment. Non-hearing aid compatible ACS telephonic CPE offered for sale to the public on or after February 28, 2020, shall contain in a conspicuous location on the surface of its packaging a statement that the ACS telephonic CPE is not hearing aid compatible, as defined in §§ 68.4(a)(3) , 68.316 , 68.317 , or if offered for sale without a surrounding package, shall be affixed with a written statement that the telephone is not hearing aid compatible, as defined in §§ 68.4(a)(3) , 68.316 and 68.317 ; and be accompanied by instructions in accordance with § 68.218(b)(2) . ( b ) Warranty. In acquiring approval for equipment to be labeled and otherwise represented to be hearing aid compatible, the responsible party warrants that each item of equipment marketed under such authorization will comply with all applicable rules and regulations of this part and with the applicable technical criteria. ( c ) Instructions. The responsible party or its agent shall provide the user of the approved ACS telephonic CPE the following: ( 1 ) Any consumer instructions required to be included with approved ACS telephonic CPE by the Administrative Council for Terminal Attachments; ( 2 ) For ACS telephonic CPE that is not hearing aid compatible, as defined in § 68.316 : ( i ) Notice that FCC rules prohibit the use of that handset in certain locations; and ( ii ) A list of such locations ( see § 68.112 ). ( d ) Notice of revocation. When approval is revoked for any item of equipment, the responsible party must take all reasonable steps to ensure that purchasers and users of such equipment are notified to discontinue use of such equipment. § 68.503 Complaint procedures. The complaint procedures of §§ 68.414 through 68.423 shall apply to complaints regarding the hearing aid compatibility of ACS telephonic CPE. § 68.504 Administrative Council on Terminal Attachments. The database registration and labeling provisions of §§ 68.354 , 68.610 , and 68.612 shall apply to ACS telephonic CPE that is approved as hearing aid compatible and is manufactured in or imported to the United States on or after February 28, 2020. After that date, the information required by the Administrative Council on Terminal Attachments shall be submitted within 30 days after the date that the equipment is manufactured in or imported into the United States. Subpart G—Administrative Council for Terminal Attachments Source: 66 FR 7588 , Jan. 24, 2001, unless otherwise noted. § 68.602 Sponsor of the Administrative Council for Terminal Attachments. ( a ) The Telecommunications Industry Association (TIA) and the Alliance for Telecommunications Industry Solutions (ATIS) jointly shall establish the Administrative Council for Terminal Attachment and shall sponsor the Administrative Council for Terminal Attachments for four years from the effective date of these rules. The division of duties by which this responsibility is executed may be a matter of agreement between these two parties; however, both are jointly and severally responsible for observing these rule provisions. After four years from the effective date of these rules, and thereafter on a quadrennial basis, the Administrative Council for Terminal Attachments may vote by simple majority to be sponsored by any ANSI-accredited organization. ( b ) The sponsoring organizations shall ensure that the Administrative Council for Terminal Attachments is populated in a manner consistent with the criteria of American National Standards Institute's Organization Method or the Standards Committee Method (and their successor Method or Methods as ANSI may from time to time establish) for a balanced and open membership. ( c ) After the Administrative Council for Terminal Attachments is populated, the sponsors are responsible for fulfilling secretariat positions as determined by the Administrative Council for Terminal Attachments. The Administrative Council shall post on a publicly available web site and make available to the public in hard copy form the written agreement into which it enters with the sponsor or sponsors. [ 66 FR 7588 , Jan. 24, 2001, as amended at 67 FR 57182 , Sept. 9, 2002] § 68.604 Requirements for submitting technical criteria. ( a ) Any standards development organization that is accredited under the American National Standards Institute's Organization Method or the Standards Committee Method (and their successor Method or Methods as ANSI may from time to time establish) may establish technical criteria for terminal equipment pursuant to ANSI consensus decision-making procedures, and it may submit such criteria to the Administrative Council for Terminal Attachments. ( b ) Any ANSI-accredited standards development organization that develops standards for submission to the Administrative Council for Terminal Attachments must implement and use procedures for the development of those standards that ensure openness equivalent to the Commission rulemaking process. ( c ) Any standards development organization that submits standards to the Administrative Council for Terminal Attachments for publication as technical criteria shall certify to the Administrative Council for Terminal Attachments that: ( 1 ) The submitting standards development organization is ANSI-accredited to the Standards Committee Method or the Organization Method (or their successor Methods as amended from time to time by ANSI); ( 2 ) The technical criteria that it proposes for publication do not conflict with any published technical criteria or with any technical criteria submitted and pending for publication, and ( 3 ) The technical criteria that it proposes for publication are limited to preventing harms to the public switched telephone network, identified in § 68.3 of this part . § 68.608 Publication of technical criteria. The Administrative Council for Terminal Attachments shall place technical criteria proposed for publication on public notice for 30 days. At the end of the 30 day public notice period, if there are no oppositions, the Administrative Council for Terminal Attachments shall publish the technical criteria. § 68.610 Database of terminal equipment. ( a ) The Administrative Council for Terminal Attachments shall operate and maintain a database of all approved terminal equipment. The database shall meet the requirements of the Federal Communications Commission and the U.S. Customs Service for enforcement purposes. The database shall be accessible by government agencies free of charge. Information in the database shall be readily available and accessible to the public, including individuals with disabilities, at nominal or no costs. ( b ) Responsible parties, whether they obtain their approval from a Telecommunications Certification Body or utilize the Supplier's Declaration of Conformity process, shall submit to the database administrator all information required by the Administrative Council for Terminal Attachments. ( c ) The Administrative Council for Terminal Attachments shall ensure that the database is created and maintained in an equitable and nondiscriminatory manner. The manner in which the database is created and maintained shall not permit any entity or segment of the industry to gain a competitive advantage. ( d ) The Administrative Council for Terminal Attachments shall file with the Commission, within 180 days of publication of these rules in the Federal Register , a detailed report of the structure of the database, including details of how the Administrative Council for Terminal Attachments will administer the database, the pertinent information to be included in the database, procedures for including compliance information in the database, and details regarding how the government and the public will access the information. § 68.612 Labels on terminal equipment. Terminal equipment certified by a Telecommunications Certification Body or approved by the Supplier's Declaration of Conformity under this part shall be labeled. The Administrative Council for Terminal Attachments shall establish appropriate labeling of terminal equipment. Labeling shall meet the requirements of the Federal Communications Commission and the U.S. Customs Service for their respective enforcement purposes, and of consumers for purposes of identifying the responsible party and model number. [ 67 FR 57182 , Sept. 9, 2002] § 68.614 Oppositions and appeals. ( a ) Oppositions filed in response to the Administrative Council for Terminal Attachments' public notice of technical criteria proposed for publication must be received by the Administrative Council for Terminal Attachments within 30 days of public notice to be considered. Oppositions to proposed technical criteria shall be addressed through the appeals procedures of the authoring standards development organization and of the American National Standards Institute. If these procedures have been exhausted, the aggrieved party shall file its opposition with the Commission for de novo review. ( b ) As an alternative, oppositions to proposed technical criteria may be filed directly with the Commission for de novo review within the 30 day public notice period.
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Subpart A—General Provisions § 19.735-101 Purpose. The regulations in this part prescribe procedures and standards of conduct that are appropriate to the particular functions and activities of the Commission, and are issued by the Commission under authority independent of the uniform Standards of Ethical Conduct for Employees of the Executive Branch at 5 CFR part 2635 or otherwise in accordance with 5 CFR 2635.105(c) . § 19.735-102 Cross-reference to ethics and other conduct related regulations. In addition to the rules in this part, employees of the Federal Communications Commission (Commission) are subject to the Standards of Ethical Conduct for Employees of the Executive Branch at 5 CFR part 2635 and the Commission's regulations at 5 CFR part 3901 which supplement the executive branch-wide standards, the executive branch financial disclosure regulations at 5 CFR part 2634 and the Commission's regulations at 5 CFR part 3902 which supplement the executive branch-wide financial disclosure regulations, and the employee responsibilities and conduct regulations at 5 CFR part 735 . § 19.735-103 Definitions. Commission means the Federal Communications Commission. Communications Act means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq. Employee means an officer or employee of the Commission including special Government employees within the meaning of 18 U.S.C. 202(a) and the Commissioners. Person means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution. § 19.735-104 Delegations. ( a ) The Commission has delegated to the Chairperson responsibility for the detection and prevention of acts, short of criminal violations, which could bring discredit upon the Commission and the Federal service. ( b ) Approvals under 18 U.S.C. 205(e) . ( 1 ) Commissioners may approve the representational activities permitted by 18 U.S.C. 205(e) by other employees in their immediate offices. The Designated Agency Ethics Official has delegated authority to grant such approvals for all other employees except Commissioners. ( 2 ) ( i ) Requests for approval of the activities permitted by 18 U.S.C. 205(e) shall be in writing and submitted as follows: ( A ) In the case of employees in the immediate offices of a Commissioner, to the Commissioner; ( B ) In the case of Heads of Offices and Bureaus, to the Chairperson; and ( C ) In the case of all other employees except Commissioners, to the Head of the Office or Bureau to which the employee is assigned. ( ii ) An official (other than the Chairperson or another Commissioner) to whom a request for approval under 18 U.S.C. 205(e) is submitted shall forward it to the Designated Agency Ethics Official with the official's recommendation as to whether the request should be granted. ( 3 ) Copies of all requests for approval under 18 U.S.C. 205(e) and the action taken thereon shall be maintained by the Designated Agency Ethics Official. ( c ) Waivers under 18 U.S.C. 208 . ( 1 ) Commissioners may waive the applicability of 18 U.S.C. 208(a) , in accordance with 18 U.S.C. 208(b)(1) or 208(b)(3) and section 301(d) of Executive Order 12731, for other employees in their immediate offices. The Designated Agency Ethics Official has delegated authority to make such waiver determinations for all other employees except Commissioners. ( 2 ) ( i ) Requests for waiver of the applicability of 18 U.S.C. 208(a) shall be in writing and submitted as follows: ( A ) In the case of employees in the immediate offices of a Commissioner, to the Commissioner; ( B ) In the case of Heads of Offices and Bureaus, to the Chairperson; and ( C ) In the case of all other employees except Commissioners, to the Head of the Office or Bureau to which the employee is assigned. ( ii ) An official (other than the Chairperson or another Commissioner) to whom a waiver request is submitted shall forward it to the Designated Agency Ethics Official with the official's recommendation as to whether the waiver should be granted. ( 3 ) Copies of all requests for waivers and the action taken thereon shall be maintained by the Designated Agency Ethics Official. [ 61 FR 56112 , Oct. 31, 1996, as amended at 88 FR 21438 , Apr. 10, 2023] § 19.735-105 Availability of ethics and other conduct related regulations and statutes. ( a ) ( 1 ) The Commission shall furnish each new employee, at the time of his or her entrance on duty, with a copy of: ( i ) The Standards of Ethical Conduct for Employees of the Executive Branch ( 5 CFR part 2635 ); ( ii ) The Supplemental Standards of Ethical Conduct for Employees of the Federal Communications Commission ( 5 CFR part 3901 ); and ( iii ) The Commission's Employee Responsibilities and Conduct regulations in this part. ( 2 ) The Head of each Office and Bureau has the responsibility to secure from every person subject to his or her administrative supervision a statement indicating that the individual has read and is familiar with the contents of the regulations in this part, and the regulations at 5 CFR parts 2635 and 3901 , and to advise the Designated Agency Ethics Official that all such persons have provided such statements. Each new employee shall execute a similar statement at the time of entrance on duty. Periodically, and at least once a year, the Designated Agency Ethics Official shall take appropriate action to ensure that the Head of each Office and Bureau shall remind employees subject to his or her administrative supervision of the content of the regulations in 5 CFR parts 2635 and 3901 and this part. ( b ) Copies of pertinent provisions of the Communications Act of 1934; title 18 of the United States Code; the Standards of Ethical Conduct for Employees of the Executive Branch ( 5 CFR part 2635 ); the Commission's Supplemental Standards of Ethical Conduct ( 5 CFR part 3901 ); and the Commission's employee responsibilities and conduct regulations in this part shall be available in the office of the Designated Agency Ethics Official for review by employees. § 19.735-106 Interpretation and advisory service. ( a ) Requests for interpretative rulings concerning the applicability of 5 CFR parts 2635 and 3901 , and this part, may be submitted through the employee's supervisor to the General Counsel, who is the Commission's Designated Agency Ethics Official pursuant to the delegation of authority at 47 CFR 0.251(a) . ( b ) At the time of an employee's entrance on duty and at least once each calendar year thereafter, the Commission's employees shall be notified of the availability of counseling services on questions of conflict of interest and other matters covered by this part, and of how and where these services are available. § 19.735-107 Disciplinary and other remedial action. ( a ) A violation of the regulations in this part by an employee may be cause for appropriate disciplinary action which may be in addition to any penalty prescribed by law. ( b ) The Chairperson will designate an officer or employee of the Commission who will promptly investigate all incidents or situations in which it appears that employees may have engaged in improper conduct. Such investigation will be initiated in all cases where complaints are brought to the attention of the Chairperson, including: Adverse comment appearing in publications; complaints from members of Congress, private citizens, organizations, other government employees or agencies; and formal complaints referred to the Chairperson by the Designated Agency Ethics Official. ( c ) The Inspector General will be promptly notified of all complaints or allegations of employee misconduct. The Inspector General will also be notified of the planned initiation of an investigation under this part. Such notification shall occur prior to the initiation of the investigation required by paragraph (a) of this section. The Inspector General may choose to conduct the investigation in accordance with the rules in this part. Should the Inspector General choose to conduct the investigation, he will promptly notify the Chairperson. In such case, the Inspector General will serve as the designated officer and be solely responsible for the investigation. In carrying out this function, the Inspector General may obtain investigative services from other Commission offices, other governmental agencies or non governmental sources and use any other means available to him in accordance with Public Law 100-504 or the Inspector General Act of 1978, as amended, 5 U.S.C. Appendix. The Inspector General will be provided with the results of all investigations in which he chooses not to participate. ( d ) The employee concerned shall be provided an opportunity to explain the alleged misconduct. When, after consideration of the employee's explanation, the Chairperson decides that remedial action is required, he or she shall take remedial action. Remedial action may include, but is not limited to: ( 1 ) Changes in assigned duties; ( 2 ) Divestiture by the employee of his conflicting interest; ( 3 ) Action under the Commission's Ethics Program resulting in one of the following actions: ( i ) When investigation reveals that the charges are groundless, the person designated by the Chairperson to assist in administration of the program may give a letter of clearance to the employee concerned, and the case will not be recorded in his or her Official Personnel Folder; ( ii ) If, after investigation, the case investigator deems the act to be merely a minor indiscretion, he may resolve the situation by discussing it with the employee. The case will not be recorded in the employee's Official Personnel Folder; ( iii ) If the case administrator considers the problem to be of sufficient importance, he or she may call it to the attention of the Chairperson, who in turn may notify the employee of the seriousness of his or her act and warn him of the consequences of a repetition. The case will not be recorded in the employee's Official Personnel Folder, unless the employee requests it; ( iv ) The Chairperson may, when in his or her opinion circumstances warrant, establish a special review board to investigate the facts in a case and to make a full report thereon, including recommended action; or ( v ) ( A ) If the Chairperson decides that formal disciplinary action should be taken, he or she may prepare for Commission consideration a statement of facts and recommend one of the following: ( 1 ) Written reprimand. A formal letter containing a complete statement of the offense and official censure; ( 2 ) Suspension. A temporary non pay status and suspension from duty; or ( 3 ) Removal for cause. Separation for cause in case of a serious offense. ( B ) Only after a majority of the Commission approves formal disciplinary action will any record resulting from the administration of this program be placed in the employee's Official Personnel Folder; or ( 4 ) Disqualification for a particular assignment. ( e ) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive orders, and regulations. [ 61 FR 56112 , Oct. 31, 1996, as amended at 88 FR 21439 , Apr. 10, 2023]
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PART 61—TARIFFS Authority: 47 U.S.C. 151 , 154(i) , 154(j) , 201-205 , 403 , unless otherwise noted. Source: 49 FR 40869 , Oct. 18, 1984, unless otherwise noted. Subpart A—General § 61.1 Purpose and application. ( a ) The purpose of this part is to prescribe the framework for the initial establishment of and subsequent revisions to tariff publications. ( b ) Tariff publications filed with the Commission must conform to the rules in this part and with Commission rules regarding the payment of statutory charges (see subpart G of part 1 of this title ) and the use of FCC Registration Numbers (FRNs) (see subpart W of part 1 of this title ). Failure to comply with any provisions of these rules may be grounds for rejection of the non-complying publication, a determination that it is unlawful or other action. Where an FRN has been omitted from a cover letter or transmittal accompanying a tariff publication filed under this part or the FRN included in that letter is invalid, the submitting carrier or carrier representative shall have ten (10) business days from the date of filing to amend the cover letter or transmittal to include a valid FRN. If within that ten (10) business day period, the carrier or carrier representative amends the cover letter or transmittal to include a valid FRN, that FRN shall be deemed to have been included in the letter as of its original filing date. If, after the expiration of the ten (10) business day period, the cover letter or transmittal has not been amended to include a valid FRN, the related tariff publication may be rejected if it has not yet become effective, declared unlawful if it has become effective, or subject to other action. ( c ) No carrier required to file tariffs may provide any interstate or foreign communication service until every tariff publication for such communication service is on file with the Commission and in effect. [ 49 FR 40869 , Oct. 18, 1984, as amended at 66 FR 47896 , Sept. 14, 2001] § 61.2 General tariff requirements. ( a ) In order to remove all doubt as to their proper application, all tariff publications must contain clear and explicit explanatory statements regarding the rates and regulations. ( b ) Tariff publications must be delivered to the Commission free from all charges, including claims of postage. ( c ) Tariff publications will not be returned. [ 64 FR 46586 , Aug. 26, 1999] § 61.3 Definitions. ( a ) Act. The Communications Act of 1934 (48 Stat. 1004; 47 U.S.C. chapter 5 ), as amended. ( b ) Actual Price Index (API). An index of the level of aggregate rate element rates in a basket, which index is calculated pursunt to § 61.46 . ( c ) Association. This term has the meaning given it in § 69.2(d) . ( d ) Average Price Cap CMT Revenue per Line month. ( 1 ) Price Cap CMT Revenue (as defined in § 61.3(cc) ) per month as of July 1, 2000 (adjusted to remove Universal Service Contributions assessed to local exchange carriers pursuant to § 54.702 of this chapter ) using 2000 annual filing base period demand, divided by the 2000 annual filing base period demand. In filing entities with multiple study areas, if it becomes necessary to calculate the Average Price Cap CMT Revenue per Line month for a specific study area, then the Average Price Cap CMT Revenue per Line month for that study area is determined as follows, using base period demand revenues (adjusted to remove Universal Service Contributions assessed to Local Exchange Carriers pursuant to § 54.702 of this chapter ), Base Factor Portion (BFP) and 2000 annual filing base period lines: Average Price Cap CMT Revenue per Line Month in a study area = Price Cap CMT Revenue × (BFP in the study area ÷ (BFP in the Filing Entity) ÷ (Lines in the study area. ( 2 ) Nothing in this definition precludes a price cap local exchange carrier from continuing to average rates across filing entities containing multiple study areas, where permitted under existing rules. ( 3 ) Average Price Cap CMT Revenues per Line month may be adjusted after July 1, 2000 to reflect exogenous costs pursuant to § 61.45(d) . ( 4 ) Average Price Cap CMT Revenues per Line month may also be adjusted pursuant to § 61.45 (b)(1)(iii) . ( e ) Average Traffic Sensitive Charge. ( 1 ) The Average Traffic Sensitive Charge (ATS charge) is the sum of the following two components: ( i ) The Local Switching (LS) component. The LS component will be calculated by dividing the proposed LS revenues (End Office Switch, LS trunk ports, Information Surcharge, and signalling transfer point (STP) port) by the base period LS minutes of use (MOUs); and ( ii ) The Transport component. The Transport component will be calculated by dividing the proposed Transport revenues (Switched Direct Trunk Transport, Signalling for Switched Direct Trunk Transport, Entrance Facilities for Switched Access traffic, Tandem Switched Transport, Signalling for Tandem Switching and residual per minute Transport Interconnection Charge (TIC) pursuant to § 69.155 of this chapter ) by price cap local exchange carrier only base period MOUs (including meet-point billing arrangements for jointly-provided interstate access by a price cap local exchange carrier and any other local exchange carrier). ( 2 ) For the purposes of determining whether the ATS charge has reached the Target Rate as set forth in § 61.3(qq) , the calculations should include all the relevant revenues and minutes for services provided under generally available price cap tariffs. ( f ) Band. A zone of pricing flexibility for a service category, which zone is calculated pursuant to § 61.47 . ( g ) Base period. For carriers subject to §§ 61.41 through 61.49 , the 12-month period ending six months prior to the effective date of annual price cap tariffs. Base year or base period earnings shall exclude amounts associated with exogenous adjustments to the PCI for the lower formula adjustment mechanism permitted by § 61.45(d)(1)(vii) . ( h ) Basket. Any class or category of tariffed service or charge: ( 1 ) Which is established by the Commission pursuant to price cap regulation; ( 2 ) The rates of which are reflected in an Actual Price Index; and ( 3 ) The related revenues of which are reflected in a Price Cap Index. ( i ) Change in rate structure. A restructuring or other alteration of the rate components for an existing service. ( j ) Charges. The price for service based on tariffed rates. ( k ) Commercial contractor. The commercial firm to whom the Commission annually awards a contract to make copies of Commission records for sale to the public. ( l ) Commission. The Federal Communications Commission. ( m ) Concurring carrier. A carrier (other than a connecting carrier) subject to the Act which concurs in and assents to schedules of rates and regulations filed on its behalf by an issuing carrier or carriers. ( n ) Connecting carrier. A carrier engaged in interstate or foreign communication solely through physical connection with the facilities of another carrier not directly or indirectly controlling or controlled by, or under direct or indirect common control with, such carrier. ( o ) Contract-based tariff. A tariff based on a service contract entered into between a non-dominant carrier and a customer, or between a customer and a price cap local exchange carrier which has obtained permission to offer contract-based tariff services pursuant to part 69, subpart H, of this chapter. ( p ) Corrections. The remedy of errors in typing, spelling, or punctuation. ( q ) Dominant carrier. A carrier found by the Commission to have market power ( i.e., power to control prices). ( r ) GDP Price Index (GDP-PI). The estimate of the Chain-Type Price Index for Gross Domestic Product published by the United States Department of Commerce, which the Commission designates by Order. ( s ) GNP Price Index (GNP-PI). The estimate of the “Fixed-Weighted Price Index for Gross National Product, 1982 Weights” published by the United States Department of Commerce, which the Commission designates by Order. ( t ) Incumbent Local Exchange Carrier. “ Incumbent Local Exchange Carrier” or “ILEC” has the same meaning as that term is defined in 47 U.S.C. 251(h) . ( u ) Issuing carrier. A carrier subject to the Act that publishes and files a tariff or tariffs with the Commission. ( v ) Line month. Line demand per month multiplied by twelve. ( w ) Local exchange carrier. Any person that is engaged in the provision of telephone exchange service or exchange access as defined in section 3(26) of the Act. ( x ) Mid-size company. All price cap local exchange carriers other than the Regional Bell Operating Companies and GTE. ( y ) New service offering. A tariff filing that provides for a class or sub-class of service not previously offered by the carrier involved and that enlarges the range of service options available to ratepayers. ( z ) Non-dominant carrier. A carrier not found to be dominant. The nondominant status of providers of international interexchange services for purposes of this subpart is not affected by a carrier's classification as dominant under § 63.10 of this chapter . ( aa ) Other participating carrier. A carrier subject to the Act that publishes a tariff containing rates and regulations applicable to the portion or through service it furnishes in conjunction with another subject carrier. ( bb ) Price Cap Local Exchange Carrier. A local exchange carrier subject to regulation pursuant to § 61.41 through 61.49 . ( cc ) Pooled Local Switching Revenue. For certain qualified companies as set forth in § 61.48 (m) , is the amount of additional local switching reductions in the July 2000 Annual filing allowed to be moved and recovered in the CMT basket. ( dd ) Price Cap CMT Revenue. The maximum total revenue a filing entity would be permitted to receive from End User Common Line charges under § 69.152 of this chapter , Presubscribed Interexchange Carrier charges (PICCs) under § 69.153 of this chapter , Carrier Common Line charges under § 69.154 of this chapter , and Marketing under § 69.156 of this chapter , using Base Period lines. Price Cap CMT Revenue does not include the price cap local exchange carrier universal service contributions as of July 1, 2000. The Price Cap CMT revenue does not include the pooled local switching revenue outlined in paragraph (bb) of this section. ( ee ) Price Cap Index (PCI). An index of prices applying to each basket of services of each carrier subject to price cap regulation, and calculated pursuant to § 61.45 . ( ff ) Price cap regulation. A method of regulation of dominant carriers provided in §§ 61.41 through 61.49 . ( gg ) Price cap tariff filing. Any tariff filing involving a service subject to price cap regulation, or that requires calculations pursuant to §§ 61.45 , 61.46 , or 61.47 . ( hh ) [Reserved] ( ii ) Rate. The tariffed price per unit of service. ( jj ) Rate increase. Any change in a tariff which results in an increased rate or charge to any of the filing carrier's customers. ( kk ) Rate level change. A tariff change that only affects the actual rate associated with a rate element, and does not affect any tariff regulations or any other wording of tariff language. ( ll ) Regulations. The body of carrier prescribed rules in a tariff governing the offering of service in that tariff, including rules, practices, classifications, and definitions. ( mm ) Restructured service. An offering which represents the modification of a method of charging or provisioning a service; or the introduction of a new method of charging or provisioning that does not result in a net increase in options available to customers. ( nn ) Rural Company. A company that, as of December 31, 1999, was certified to the Commission as a rural telephone company. ( oo ) Service Band Index (SBI). An index of the level of aggregate rate element rates in a service category, which index is calculated pursuant to § 61.47 . ( pp ) Service category. Any group of rate elements subject to price cap regulation, which group is subject to a band. ( qq ) Supplement. A publication filed as part of a tariff for the purpose of suspending or canceling that tariff, or tariff publication and numbered independently from the tariff page series. ( rr ) Target Rate. The applicable Target Rate shall be defined as follows: ( 1 ) For regional Bell Operating Companies and GTE, $0.0055 per ATS minute of use; ( 2 ) For a holding company with a holding company average of less than 19 Switched Access End User Common Line charge lines per square mile served such company may elect to use a Target Rate of $0.0095 with respect to all exchanges owned by that holding company on July 1, 2000, or which that holding company is, as of April 1, 2000, under a binding and executed contract to purchase; ( 3 ) For other price cap local exchange carriers, $0.0065 per ATS minute of use. ( ss ) Tariff. Schedules of rates and regulations filed by common carriers. ( tt ) Tariff publication, or publication. A tariff, supplement, revised page, additional page, concurrence, notice of revocation, adoption notice, or any other schedule of rates or regulations filed by common carriers. ( uu ) Tariff year. The period from the day in a calendar year on which a carrier's annual access tariff filing is scheduled to become effective through the preceding day of the subsequent calendar year. ( vv ) Text change. A change in the text of a tariff which does not result in a change in any rate or regulation. ( ww ) United States. The several States and Territories, the District of Columbia, and the possessions of the United States. ( xx ) Corridor service. “Corridor service” refers to interLATA services offered in the “limited corridors” established by the District Court in United States v. Western Electric Co., Inc., 569 F. Supp. 1057, 1107 (D.D.C. 1983). ( yy ) Toll dialing parity. “Toll dialing parity” exists when there is dialing parity, as defined in § 51.5 of this chapter , for toll services. ( zz ) Loop-based services. Loop-based services are services that employ Subcategory 1.3 facilities, as defined in § 36.154 of this chapter . ( aaa ) Zone Average Revenue per Line. The amount calculated as follows: Zone Average Revenue per Line = (25% * (Loop + Port)) + U (Uniform revenue per line adjustment) Where: Loop = the price for unbundled loops in a UNE zone. Port = the price for switch ports in that UNE zone. U = [(Average Price Cap CMT Revenue per Line month in a study area * price cap local exchange carrier Base Period Lines) − (25% * Σ (price cap local exchange carrier Base Period Lines in a UNE Zone * ((Loop + Port ) for all zones)))] ÷ price cap local exchange carrier Base Period Lines in a study area. ( bbb ) Access Stimulation. ( 1 ) A Competitive Local Exchange Carrier serving end user(s) or an IPES Provider serving end user(s) engages in Access Stimulation when it satisfies either paragraph (bbb)(1)(i) or (ii) of this section; and a rate-of-return local exchange carrier serving end user(s) engages in Access Stimulation when it satisfies either paragraph (bbb)(1)(i) or (iii) of this section. ( i ) The rate-of-return local exchange carrier, Competitive Local Exchange Carrier, or IPES Provider: ( A ) Has an access revenue sharing agreement, whether express, implied, written or oral, that, over the course of the agreement, would directly or indirectly result in a net payment to the other party (including affiliates) to the agreement, in which payment by the rate-of-return local exchange carrier, Competitive Local Exchange Carrier, or IPES Provider is based on the billing or collection of access charges from interexchange carriers or wireless carriers. When determining whether there is a net payment under this rule, all payments, discounts, credits, services, features, functions, and other items of value, regardless of form, provided by the rate-of-return local exchange carrier, Competitive Local Exchange Carrier, or IPES Provider to the other party to the agreement shall be taken into account; and ( B ) Has either an interstate terminating-to-originating traffic ratio of at least 3:1 in an end office or equivalent in a calendar month, or has had more than a 100 percent growth in interstate originating and/or terminating switched access minutes of use in a month compared to the same month in the preceding year for such end office or equivalent. ( ii ) A Competitive Local Exchange Carrier or IPES Provider has an interstate terminating-to-originating traffic ratio of at least 6:1 in an end office or equivalent in a calendar month. ( iii ) A rate-of-return local exchange carrier has an interstate terminating-to-originating traffic ratio of at least 10:1 in an end office or equivalent in a three-calendar month period and has 500,000 minutes or more of interstate terminating minutes-of-use per month in the same end office in the same three-calendar month period. These factors will be measured as an average over the three-calendar month period. ( 2 ) A Competitive Local Exchange Carrier serving end user(s), or an IPES Provider serving end user(s), that has engaged in Access Stimulation will continue to be deemed to be engaged in Access Stimulation until: For a carrier or provider engaging in Access Stimulation as defined in paragraph (bbb)(1)(i) of this section, it terminates all revenue sharing agreements covered in paragraph (bbb)(1)(i) of this section and does not engage in Access Stimulation as defined in paragraph (bbb)(1)(ii) of this section; and for a carrier or provider engaging in Access Stimulation as defined in paragraph (bbb)(1)(ii) of this section, its interstate terminating-to-originating traffic ratio for an end office or equivalent falls below 6:1 for six consecutive months, and it does not engage in Access Stimulation as defined in paragraph (bbb)(1)(i) of this section. ( 3 ) A rate-of-return local exchange carrier serving end user(s) that has engaged in Access Stimulation will continue to be deemed to be engaged in Access Stimulation until: For a carrier engaging in Access Stimulation as defined in paragraph (bbb)(1)(i) of this section, it terminates all revenue sharing agreements covered in paragraph (bbb)(1)(i) of this section and does not engage in Access Stimulation as defined in paragraph (bbb)(1)(iii) of this section; and for a carrier engaging in Access Stimulation as defined in paragraph (bbb)(1)(iii) of this section, its interstate terminating-to-originating traffic ratio falls below 10:1 for six consecutive months and its monthly interstate terminating minutes-of-use in an end office or equivalent falls below 500,000 for six consecutive months, and it does not engage in Access Stimulation as defined in paragraph (bbb)(1)(i) of this section. ( 4 ) A local exchange carrier engaging in Access Stimulation is subject to revised interstate switched access charge rules under § 61.26(g) (for Competitive Local Exchange Carriers) or § 61.38 and § 69.3(e)(12) of this chapter (for rate-of-return local exchange carriers). ( 5 ) In calculating the interstate terminating-to-originating traffic ratio at each end office or equivalent under this paragraph (bbb) , each Competitive Local Exchange Carrier, rate-of-return local exchange carrier or IPES Provider shall include in such calculation only traffic traversing that end office or equivalent and going to and from any telephone number associated with an Operating Company Number that has been issued to such Competitive Local Exchange Carrier, rate-of-return local exchange carrier or IPES Provider. The term “equivalent” in the phrase “end office or equivalent” means “End Office Equivalent,” as defined in this section. ( ccc ) Intermediate Access Provider. The term means, for purposes of this part and §§ 51.914 , 69.4(1) , and 69.5(b) of this chapter , any entity that provides terminating switched access tandem switching or terminating switched access tandem transport services between the final Interexchange Carrier in a call path and: ( 1 ) A local exchange carrier engaged in Access Stimulation, as defined in paragraph (bbb) of this section; or ( 2 ) A local exchange carrier delivering traffic to an IPES Provider engaged in Access Stimulation, as defined in paragraph (bbb) of this section; or ( 3 ) An IPES Provider engaged in Access Stimulation, as defined in paragraph (bbb) of this section, where the entity delivers calls directly to the IPES Provider. ( ddd ) Interexchange Carrier. The term means, for purposes of this part and §§ 69.3(e)(12)(iv) and 69.5(b) of this chapter , a retail or wholesale telecommunications carrier that uses the exchange access or information access services of another telecommunications carrier for the provision of telecommunications. ( eee ) IPES (Internet Protocol Enabled Service) Provider. The term means, for purposes of this part and §§ 51.914 , 69.4(l) and 69.5(b) of this chapter , a provider offering a service that: ( 1 ) Enables communications; ( 2 ) Requires a broadband connection from the user's location or end to end; ( 3 ) Requires internet Protocol-compatible customer premises equipment (CPE); and ( 4 ) Permits users to receive calls that originate on the public switched telephone network or that originate from an Internet Protocol service. ( fff ) End Office Equivalent. For purposes of this part and §§ 51.914 , 69.3(e)(12)(iv) and 69.4(l) of this chapter , an End Office Equivalent is the geographic location where traffic is delivered to an IPES Provider for delivery to an end user. This location shall be used as the terminating location for purposes of calculating terminating-to-originating traffic ratios, as provided in this section. For purposes of the Access Stimulation Rules, the term “equivalent” in the phrase “end office or equivalent” means End Office Equivalent. [ 54 FR 19840 , May 8, 1989] Editorial Note Editorial Note: For Federal Register citations affecting § 61.3 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . §§ 61.11-61.12 [Reserved] Subpart B—Rules for Electronic Filing Source: 63 FR 35540 , June 30, 1998, unless otherwise noted. § 61.13 Scope. ( a ) All issuing carriers that file tariffs are required to file tariff publications electronically, if practicable. ( b ) All tariff publications shall be filed in a manner that is compatible and consistent with the technical requirements of the Electronic Tariff Filing System. ( c ) Tariff publications which must be filed in hard copy format should be submitted according to the procedures set forth on the web page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary . [ 83 FR 2557 , Jan. 18, 2018] § 61.14 Method of filing publications. ( a ) Publications filed electronically must be captioned to “Secretary, Federal Communications Commission, Washington, DC 20554.” The Electronic Tariff Filing System will accept filings 24 hours a day, seven days a week. The official filing date of a publication received by the Electronic Tariff Filing System will be determined by the date and time the transmission ends. If the transmission ends after the close of a business day, as that term is defined in § 1.4(e)(2) of this chapter , the filing will be date and time stamped as of the opening of the next business day. ( b ) Carriers are strongly encouraged to submit publications electronically if practicable. Carriers need only transmit one set of files to the Commission. No other copies to any other party are required. Publications which must be filed in hard copy format should be submitted according to the procedures set forth on the web page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary . ( c ) Carriers that are required to file publications electronically may not file those publications on paper or other media unless specifically required to do so by the Commission. ( d ) Carriers that are required to file publications electronically need only transmit one set of files to the Commission. No other copies to any other party are required. ( e ) Carriers that are required to file publications electronically must comply with the format requirements set forth in §§ 61.52 and 61.54 , with the exception of the informational tariffs filed pursuant to 47 U.S.C. 226(h)(1)(A) . [ 63 FR 35540 , June 30, 1998, as amended at 64 FR 46586 , Aug. 26, 1999; 73 FR 9030 , Feb. 19, 2008; 76 FR 43210 , July 20, 2011; 83 FR 2557 , Jan. 18, 2018] § 61.15 Letters of transmittal and cover letters. ( a ) All tariff publications filed with the Commission electronically must be accompanied by a letter of transmittal. All letters of transmittal filed with the Commission must be numbered consecutively by the issuing carrier beginning with Number 1. All letters of transmittal must also: ( 1 ) Concisely explain the nature and purpose of the filing; ( 2 ) Specify whether supporting information is required for the new tariff or tariff revision, and specify the Commission rule or rules governing the supporting information requirements for that filing; ( 3 ) Contain a statement indicating the date and method of filing of the original of the transmittal as required by § 61.14(b) ; ( 4 ) Include the FCC Registration Number (FRN) of the carrier(s) on whose behalf the cover letter is submitted. See subpart W of part 1 of this title . ( b ) Local exchange carriers filing tariffs electronically pursuant to the notice requirements of section 204(a)(3) of the Communications Act shall display prominently, in the upper right hand corner of the letter of transmittal, a statement that the filing is made pursuant to that section and whether the tariff is filed on 7 or 15 days notice. ( c ) Any carrier filing a new or revised tariff made on 15 days' notice or less shall include in the letter of transmittal the name, room number, street address, telephone number, and facsimile number of the individual designated by the filing carrier to receive personal or facsimile service of petitions against the filing as required under § 1.773(a)(4) of this chapter . ( d ) International carriers must certify that they are authorized under Section 214 of the Communications Act of 1934, as amended, to provide service, and reference the FCC file number of that authorization. ( e ) In addition to the requirements set forth in paragraph (a) of this section, any incumbent local exchange carrier choosing to file an Access Tariff under § 61.39 must include in the transmittal: ( 1 ) A summary of the filing's basic rates, terms and conditions; ( 2 ) A statement concerning whether any prior Commission facility authorization necessary to the implementation of the tariff has been obtained; and ( 3 ) A statement that the filing is made pursuant to § 61.39 . ( f ) In addition to the requirements set forth in paragraph (a) of this section, any price cap local exchange carrier filing a price cap tariff must include in the letter of transmittal a statement that the filing is made pursuant to § 61.49 . ( g ) The letter of transmittal must specifically reference by number any special permission necessary to implement the tariff publication. Special permission must be granted prior to the filing of the tariff publication and may not be requested in the transmittal letter. ( h ) ( 1 ) The letter of transmittal must be substantially in the following format: (Exact name of carrier in full) (Post Office Address) (Date) Transmittal No. Secretary, Federal Communications Commission; Washington, DC 20554 Attention: Wireline Competition Bureau The accompanying tariff (or other publication) issued by ____, and bearing FCC No. ____, effective ____, 20_, is sent to you for filing in compliance with the requirements of the Communications Act of 1934, as amended. (Here give the additional information required.) (Name of issuing officer or agent) (Title) ( 2 ) A separate letter of transmittal may accompany each publication, or the above format may be modified to provide for filing as many publications as desired with one transmittal letter. ( i ) All submissions of documents other than a new tariff or revisions to an existing tariff, such as Base Documents or Tariff Review Plans, must be accompanied by a cover letter that concisely explains the nature and purpose of the filing. Publications submitted under this paragraph are not required to submit a tariffing fee. [ 76 FR 43210 , July 20, 2011] § 61.16 Base documents. ( a ) The Base Document is a complete tariff which incorporates all effective revisions, as of the last day of the preceding month. The Base Document should be submitted with a cover letter as specified in § 61.15(i) and identified as the Monthly Updated Base Document. ( b ) If there have been revisions that became effective up to and including the last day of the preceding month, a new Base Document must be submitted within the first five business days of the current month that will incorporate those revisions. [ 76 FR 43211 , July 20, 2011] § 61.17 Applications for special permission. ( a ) All issuing carriers that file applications for special permission, associated documents, such as transmittal letters, requests for special permission, and supporting information, shall file those documents electronically. ( b ) Applications for special permission must contain: ( 1 ) A detailed description of the tariff publication proposed to be put into effect; ( 2 ) A statement citing the specific rules and the grounds on which waiver is sought; ( 3 ) A showing of good cause; and ( 4 ) The appropriate Illustrative tariff pages the issuing carrier wishes to either revise or add as new pages to its tariff. ( c ) An application for special permission must be addressed to “Secretary, Federal Communications Commission, Washington, DC 20554.” The Electronic Tariff Filing System will accept filings 24 hours a day, seven days a week. The official filing date of a publication received by the Electronic Tariff Filing System will be determined by the date and time the transmission ends. If the transmission ends after the close of a business day, as that term is defined in § 1.4(e)(2) of this chapter , the filing will be date and time stamped as of the opening of the next business day. ( d ) In addition, for special permission applications requiring fees as set forth in part 1, subpart G of this chapter , carriers shall submit the appropriate fee and associated payment form electronically through the process set forth in § 1.1105 of this chapter and, if practicable, the application and associated documents electronically in accordance with the procedures set forth on the Commission's website, www.fcc.gov/licensing-databases/fees . Applications which must be filed in hard copy format should be submitted according to the procedures set forth on the web page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary . ( e ) In addition, if an issuing carrier applies for special permission to revise joint tariffs, the application must state that it is filed on behalf of all carriers participating in the affected service. Applications must be numbered consecutively in a series separate from FCC tariff numbers and Letters of Transmittal, bear the signature of the officer or agent of the carrier, and be in the following format: Application No. (Date) Secretary, Federal Communications Commission, Washington, DC 20554. Attention: Wireline Competition Bureau (here provide the statements required by section 61.17(b) ). (Exact name of carrier) (Name of officer or agent) (Title of officer or agent) ( f ) If approved, the issuing carrier must comply with all terms and use all authority specified in the grant. If a carrier elects to use less than the authority granted, it must apply to the Commission for modification of the original grant. If a carrier elects not to use the authority granted within sixty days of its effective date, the original grant will be automatically cancelled by the Commission. [ 76 FR 43211 , July 20, 2011, as amended at 83 FR 2557 , Jan. 18, 2018] Subpart C—General Rules for Nondominant Carriers § 61.18 Scope. The rules in this subpart apply to all nondominant carriers. [ 64 FR 46587 , Aug. 26, 1999] § 61.19 Detariffing of international and interstate, domestic interexchange services. ( a ) Except as otherwise provided in paragraphs (b) through (e) of this section, or by Commission order, carriers that are nondominant in the provision of international and interstate, domestic interexchange services shall not file tariffs for such services. ( b ) Carriers that are nondominant in the provision of international and domestic, interstate, interexchange services are permitted to file tariffs for dial-around 1 + services. For the purposes of this paragraph, dial-around 1 + calls are those calls made by accessing the interexchange carrier through the use of that carrier's carrier access code. ( c ) Carriers that are nondominant in the provision of international and domestic, interstate, interexchange services are permitted to file a tariff for such services applicable to those customers who contact the local exchange carrier to designate an interexchange carrier or to initiate a change with respect to their primary interexchange carrier. Such tariff will enable the interexchange carrier to provide service to the customer until the interexchange carrier and the customer consummate a written agreement, but in no event shall the interexchange carrier provide service to its customer pursuant to such tariff for more than 45 days. ( d ) Carriers that are nondominant in the provision of international inbound collect calls to the United States are permitted to file a tariff for such services. ( e ) Carriers that are nondominant in the provision of “on-demand” Mobile Satellite Services are permitted to file a tariff for such services applicable to those customers that have not entered into pre-existing service contracts designating a specific provider for such services. [ 66 FR 16881 , Mar. 28, 2001] § 61.20 Method of filing publications. ( a ) All issuing carriers that file tariffs shall file all tariff publications and associated documents, such as transmittal letters, requests for special permission, and supporting information, electronically in accordance with the requirements set forth in §§ 61.13 through 61.17 . ( b ) In addition, all tariff publications requiring fees as set forth in part 1, subpart G of this chapter , shall be submitted electronically if practicable in accordance with § 1.1105 of this chapter along with the electronic submission of the payment online form. Petitions which must be filed in hard copy format should be submitted according to the procedures set forth on the web page of the FCC's Office of the Secretary, https://www.fcc.gov/secretary . [ 76 FR 43211 , July 20, 2011, as amended at 83 FR 2557 , Jan, 18. 2018] § 61.25 References to other instruments. In addition to the cross-references permitted pursuant to § 61.74 , a non-dominant carrier may cross-reference in its tariff publication only the rate provisions of another carrier's FCC tariff publication, provided that the following conditions are met: ( a ) The tariff being cross-referenced must be on file with the Commission and in effect; ( b ) The issuing carrier must specifically identify in its tariff the cross-referenced tariff by Carrier Name and FCC Tariff Number; ( c ) The issuing carrier must specifically identify in its tariff the rates being cross-referenced so as to leave no doubt as to the exact rates that will apply, including but not limited to any applicable credits, discounts, promotions; and ( d ) The issuing carrier must keep its cross-references current. [ 64 FR 46588 , Aug. 26, 1999] § 61.26 Tariffing of competitive interstate switched exchange access services. ( a ) Definitions. For purposes of this section, the following definitions shall apply: ( 1 ) CLEC shall mean a local exchange carrier that provides some or all of the interstate exchange access services used to send traffic to or from an end user and does not fall within the definition of “incumbent local exchange carrier” in 47 U.S.C. 251(h) . ( 2 ) Competing ILEC shall mean the incumbent local exchange carrier, as defined in 47 U.S.C. 251(h) , that would provide interstate exchange access services, in whole or in part, to the extent those services were not provided by the CLEC. ( 3 ) Switched exchange access services shall include: ( i ) The functional equivalent of the ILEC interstate exchange access services typically associated with the following rate elements: Carrier common line (originating); carrier common line (terminating); local end office switching; interconnection charge; information surcharge; tandem switched transport termination (fixed); tandem switched transport facility (per mile); tandem switching; ( ii ) The termination of interexchange telecommunications traffic to any end user, either directly or via contractual or other arrangements with an affiliated or unaffiliated provider of interconnected VoIP service, as defined in 47 U.S.C. 153(25) , or a non-interconnected VoIP service, as defined in 47 U.S.C. 153(36) , that does not itself seek to collect reciprocal compensation charges prescribed by this subpart for that traffic, regardless of the specific functions provided or facilities used. ( 4 ) Non-rural ILEC shall mean an incumbent local exchange carrier that is not a rural telephone company under 47 U.S.C. 153(44) . ( 5 ) The rate for interstate switched exchange access services shall mean the composite, per-minute rate for these services, including all applicable fixed and traffic-sensitive charges. ( 6 ) Rural CLEC shall mean a CLEC that does not serve ( i.e., terminate traffic to or originate traffic from) any end users located within either: ( i ) Any incorporated place of 50,000 inhabitants or more, based on the most recently available population statistics of the Census Bureau or ( ii ) An urbanized area, as defined by the Census Bureau. ( b ) Except as provided in paragraphs (c) , (e) , and (g) of this section, a CLEC shall not file a tariff for its interstate switched exchange access services that prices those services above the higher of: ( 1 ) The rate charged for such services by the competing ILEC or ( 2 ) The lower of: ( i ) The benchmark rate described in paragraph (c) of this section or ( ii ) In the case of interstate switched exchange access service, the lowest rate that the CLEC has tariffed for its interstate exchange access services, within the six months preceding June 20, 2001. ( c ) The benchmark rate for a CLEC's switched exchange access services will be the rate charged for similar services by the competing ILEC. If an ILEC to which a CLEC benchmarks its rates, pursuant to this section, lowers the rate to which a CLEC benchmarks, the CLEC must revise its rates to the lower level within 15 days of the effective date of the lowered ILEC rate. ( d ) Except as provided in paragraph (g) of this section, and notwithstanding paragraphs (b) and (c) of this section, in the event that, after June 20, 2001, a CLEC begins serving end users in a metropolitan statistical area (MSA) where it has not previously served end users, the CLEC shall not file a tariff for its exchange access services in that MSA that prices those services above the rate charged for such services by the competing ILEC. ( e ) Rural exemption. Except as provided in paragraph (g) of this section, and notwithstanding paragraphs (b) through (d) of this section, a rural CLEC competing with a non-rural ILEC shall not file a tariff for its interstate exchange access services that prices those services above the rate prescribed in the NECA access tariff, assuming the highest rate band for local switching. In addition to that NECA rate, the rural CLEC may assess a presubscribed interexchange carrier charge if, and only to the extent that, the competing ILEC assesses this charge. Beginning July 1, 2013, all CLEC reciprocal compensation rates for intrastate switched exchange access services subject to this subpart also shall be no higher than that NECA rate. ( f ) If a CLEC provides some portion of the switched exchange access services used to send traffic to or from an end user not served by that CLEC, the rate for the access services provided may not exceed the rate charged by the competing ILEC for the same access services, except if the CLEC is listed in the database of the Number Portability Administration Center as providing the calling party or dialed number, the CLEC may, to the extent permitted by § 51.913(b) of this chapter , assess a rate equal to the rate that would be charged by the competing ILEC for all exchange access services required to deliver interstate traffic to the called number. ( g ) Notwithstanding paragraphs (b) through (e) of this section: ( 1 ) A CLEC engaging in access stimulation, as that term is defined in § 61.3(bbb) , shall not file a tariff for its interstate exchange access services that prices those services above the rate prescribed in the access tariff of the price cap LEC with the lowest switched access rates in the state. ( 2 ) A CLEC engaging in access stimulation, as that term is defined in § 61.3(bbb) , shall file revised interstate switched access tariffs within forty-five (45) days of commencing access stimulation, as that term is defined in § 61.3(bbb) , or within forty-five (45) days of [date] if the CLEC on that date is engaged in access stimulation, as that term is defined in § 61.3(bbb) . ( 3 ) Notwithstanding any other provision of this part, if a CLEC is engaged in Access Stimulation, as defined in § 61.3(bbb) , it shall: ( i ) Within 45 days of commencing Access Stimulation, or within 45 days of November 27, 2019, whichever is later, file tariff revisions removing from its tariff terminating switched access tandem switching and terminating switched access tandem transport access charges assessable to an Interexchange Carrier for any traffic between the tandem and the local exchange carrier's terminating end office or equivalent; and ( ii ) Within 45 days of commencing Access Stimulation, or within 45 days of November 27, 2019, whichever is later, the CLEC shall not file a tariffed rate that is assessable to an Interexchange Carrier for terminating switched access tandem switching or terminating switched access tandem transport access charges for any traffic between the tandem and the local exchange carrier's terminating end office or equivalent. [ 76 FR 73881 , Nov. 29, 2011, as amended at 77 FR 20553 , Apr. 5, 2012; 84 FR 57652 , Oct. 28, 2019] Subpart D—General Tariff Rules for International Dominant Carriers § 61.28 International dominant carrier tariff filing requirements. ( a ) Any carrier classified as dominant for the provision of particular international communications services on a particular route for any reason other than a foreign carrier affiliation under § 63.10 of this chapter shall file tariffs for those services pursuant to the notice and cost support requirements for tariff filings of dominant domestic carriers, as set forth in subpart E of this part . ( b ) Other than the notice and cost support requirements set forth in paragraph (a) of this section, all tariff filing requirements applicable to all carriers classified as dominant for the provision of particular international communications services on a particular route for any reason other than a foreign carrier affiliation pursuant to § 63.10 of this chapter are set forth in subpart C of this part . [ 66 FR 16881 , Mar. 28, 2001] Subpart E—General Rules for Dominant Carriers § 61.31 Scope. The rules in this subpart apply to all dominant carriers. [ 64 FR 46588 , Aug. 26, 1999] § 61.38 Supporting information to be submitted with letters of transmittal. ( a ) Scope. This section applies to dominant carriers whose gross annual revenues exceed $500,000 for the most recent 12 month period of operations or are estimated to exceed $500,000 for a representative 12 month period. Incumbent Local Exchange Carriers serving 50,000 or fewer access lines in a given study area that are described as subset 3 carriers in § 69.602 of this chapter may submit Access Tariff filings for that study area pursuant to either this section or § 61.39 . However, the Commission may require any issuing carrier to submit such information as may be necessary for a review of a tariff filing. This section (other than the preceding sentence of this paragraph) shall not apply to tariff filings proposing rates for services identified in § 61.42 (d) , (e) , and (g) . ( b ) Explanation and data supporting either changes or new tariff offerings. The material to be submitted for a tariff change which affects rates or charges or for a tariff offering a new service, must include an explanation of the changed or new matter, the reasons for the filing, the basis of ratemaking employed, and economic information to support the changed or new matter. ( 1 ) For a tariff change the issuing carrier must submit the following, including complete explanations of the bases for the estimates. ( i ) A cost of service study for all elements for the most recent 12 month period; ( ii ) A study containing a projection of costs for a representative 12 month period; ( iii ) Estimates of the effect of the changed matter on the traffic and revenues from the service to which the changed matter applies, the issuing carrier's other service classifications, and the carrier's overall traffic and revenues. These estimates must include the projected effects on the traffic and revenues for the same representative 12 month period used in (b)(1)(ii) above. ( 2 ) For a tariff filing offering a new service, the issuing carrier must submit the following, including complete explanations of the bases for the estimates. ( i ) A study containing a projection of costs for a representative 12 month period; and ( ii ) Estimates of the effect of the new matter on the traffic and revenues from the service to which the new matter applies, the issuing carrier's other service classifications, and the issuing carrier's overall traffic and revenues. These estimates must include the projected effects on the traffic and revenues for the same representative 12 month period used in paragraph (b)(2)(i) of this section. ( 3 ) [Reserved] ( 4 ) For a tariff that introduces a system of density pricing zones, as described in § 69.123 of this chapter , the issuing carrier must, before filing its tariff, submit a density pricing zone plan including, inter alia, documentation sufficient to establish that the system of zones reasonably reflects cost-related characteristics, such as the density of total interstate traffic in central offices located in the respective zones, and receive approval of its proposed plan. ( c ) Working papers and statistical data. ( 1 ) Concurrently with the filing of any tariff change or tariff filing for a service not previously offered, the issuing carrier must file the working papers containing the information underlying the data supplied in response to paragraph (b) of this section, and a clear explanation of how the working papers relate to that information. ( 2 ) All statistical studies must be submitted and supported in the form prescribed in § 1.363 of this chapter . ( d ) Form and content of additional material to be submitted with certain rate increases. In the circumstances set out in paragraphs (d)(1) and (2) of this section, the issuing carrier must submit all additional cost, marketing and other data underlying the working papers to justify a proposed rate increase. The issuing carrier must submit this information in suitable form to serve as the carrier's direct case in the event the rate increase is set by the Commission for investigation. ( 1 ) Rate increases affecting single services or tariffed items. ( i ) A rate increase in any service or tariffed item which results in more than $1 million in additional annual revenues, calculated on the basis of existing quantities in service, without regard to the percentage increase in such revenues; or ( ii ) A single rate increase in any service or tariffed item, or successive rate increases in the same service or tariffed item within a 12 month period, either of which results in: ( A ) At least a 10 percent increase in annual revenues from that service or tariffed item, and ( B ) At least $100,000 in additional annual revenues, both calculated on the basis of existing quantities in service. ( 2 ) Rate increases affecting more than one service or tariffed item. ( i ) A general rate increase in more than one service or tariffed item occurring at one time, which results in more than $1 million in additional revenues calculated on the basis of existing quantities in service, without regard to the percentage increase in such revenues; or ( ii ) A general rate increase in more than one service or tariffed item occurring at one time, or successive general rate increases in the same services or tariffed items occurring within a 12 month period, either of which results in: ( A ) At least a 10 percent increase in annual revenues from those services or tariffed items, and ( B ) At least $100,000 in additional annual revenues, both calculated on the basis of existing quantities in service. ( e ) Submission of explanation and data by connecting carriers. If the changed or new matter is being filed by the issuing carrier at the request of a connecting carrier, the connecting carrier must provide the data required by paragraphs (b) and (c) of this section on the date the issuing carrier files the tariff matter with the Commission. ( f ) Copies of explanation and data to customers. Concurrently with the filing of any rate for special construction (or special assembly equipment and arrangements) developed on the basis of estimated costs, the issuing carrier must transmit to the customer a copy of the explanation and data required by paragraphs (b) and (c) of this section. ( g ) On each page of cost support material submitted pursuant to this section, the issuing carrier shall indicate the transmittal number under which that page was submitted. [ 76 FR 43211 , July 20, 2011] § 61.39 Optional supporting information to be submitted with letters of transmittal for Access Tariff filings by incumbent local exchange carriers serving 50,000 or fewer access lines in a given study area that are described as subset 3 carriers in § 69.602 . ( a ) Scope. Except as provided in paragraph (g) of this section, This section provides for an optional method of filing for any local exchange carrier that is described as a subset 3 carrier in § 69.602 of this chapter , which elects to issue its own Access Tariff for a period commencing on or after April 1, 1989, and which serves 50,000 or fewer access lines in a study area as determined under § 36.611(a)(8) of this chapter . However, the Commission may require any carrier to submit such information as may be necessary for review of a tariff filing. This section (other than the preceding sentence of this paragraph) shall not apply to tariff filings of local exchange carriers subject to price cap regulation. ( b ) Explanation and data supporting tariff changes. The material to be submitted to either a tariff change or a new tariff which affects rates or charges must include an explanation of the filing in the transmittal as required by § 61.15 . The basis for ratemaking must comply with the following requirements. Except as provided in paragraph (b)(5) of this section, it is not necessary to submit this supporting data at the time of filing. However, the incumbent local exchange carrier should be prepared to submit the data promptly upon reasonable request by the Commission or interested parties. ( 1 ) For a tariff change, the incumbent local exchange carrier that is a cost schedule carrier must propose Traffic Sensitive rates based on the following: ( i ) For the first period, a cost of service study for Traffic Sensitive elements for the most recent 12-month period with related demand for the same period. ( ii ) For subsequent filings, a cost of service study for Traffic Sensitive elements for the total period since the incumbent local exchange carrier's last annual filing, with related demand for the same period. ( 2 ) For a tariff change, the incumbent local exchange carrier that is an average schedule carrier must propose Traffic Sensitive rates based on the following: ( i ) For the first period, the incumbent local exchange carrier's most recent annual Traffic Sensitive settlement from the National Exchange Carrier Association pool. ( ii ) For subsequent filings, an amount calculated to reflect the Traffic Sensitive average schedule pool settlement the carrier would have received if the carrier had continued to participate, based upon the most recent average schedule formulas approved by the Commission. ( 3 ) For a tariff change, the incumbent local exchange carrier that is a cost schedule carrier must propose Common Line rates based on the following: ( i ) For the first biennial filing, the common line revenue requirement shall be determined by a cost of service study for the most recent 12-month period. Subscriber line charges shall be based on cost and demand data for the same period. Carrier common line rates shall be determined by the following formula: Where: And where: CCL Rev Req = carrier common line revenue requirement for the most recent 12-month period; CCL MOU b = carrier common line minutes of use for the most recent 12-month period; CCL MOU 1 = CCL MOU b ; and CCL MOU 0 = carrier common line minutes of use for the 12-month period preceding the most recent 12-month period. ( ii ) For subsequent biennial filings, the common line revenue requirement shall be determined by a cost of service study for the most recent 24-month period. Subscriber line charges shall be based on cost and demand data for the same period. Carrier common line rates shall be determined by the following formula: Where: And where: CCL Rev Req = carrier common line revenue requirement for the most recent 24-month period; CCL MOU b = carrier common line minutes of use for the most recent 24-month period; CCL MOU 1 = carrier common line minutes of use for the 12-month period; and CCL MOU 0 = carrier common line minutes of use for the 12-month period preceding the most recent 12-month period. ( 4 ) For a tariff change, the incumbent local exchange carrier which is an average schedule carrier must propose common line rates based on the following: ( i ) For the first biennial filings, the common line revenue requirement shall be determined by the incumbent local exchange carrier's most recent annual Common Line settlement from the National Exchange Carrier Association. Subscriber line charges shall be based on cost and demand data for the same period. Carrier common line rates shall be determined by the following formula: Where: And where: CCL Rev Req = carrier common line settlement for the most recent 12-month period; CCL MOU b = carrier common line minutes of use for the most recent 12-month period; CCL MOU 1 = CCL MOU b ; and CCL MOU 0 = carrier common line minutes of use for the 12-month period preceding the most recent 12-month period. ( ii ) For subsequent biennial filings, the common line revenue requirement shall be an amount calculated to reflect the average schedule pool settlements the carrier would have received if the carrier had continued to participate in the carrier common line pool, based upon the average schedule Common Line formulas developed by the National Exchange Carrier Association for the most recent 24-month period. Subscriber line charges shall be based on cost and demand data for the same period. Carrier common line rates shall be determined by the following formula: Where: And where: CCL Rev Req = carrier common line settlement for the most recent 24-month period; CCL MOU b = carrier common line minutes of use for the most recent 24-month period; CCL MOU 1 = carrier common line minutes of use for the most recent 12-month period; and CCL MOU 0 = carrier common line minutes of use for the 12-month period preceding the most recent 12-month period. ( 5 ) For End User Common Line charges included in a tariff pursuant to this Section, the incumbent local exchange carrier must provide supporting information for the two-year historical period with its letter of transmittal in accordance with § 61.38 . ( c ) Maximum allowable rate of return. Incumbent Local exchange carriers filing tariffs under this section are not required to comply with §§ 65.700 through 65.701 of this chapter , except with respect to periods during which tariffs were not subject to this section. The Commission may require any carrier to submit such information if it deems it necessary to monitor the carrier's earnings. However, rates must be calculated based on the incumbent local exchange carrier's prescribed rate of return applicable to the period during which the rates are effective. ( d ) Rates for a new service that is the same as that offered by a price cap local exchange carrier providing service in an adjacent serving area are deemed presumptively lawful, if the proposed rates, in the aggregate, are no greater than the rates established by the price cap local exchange carrier. Tariff filings made pursuant to this paragraph must include the following: ( 1 ) A brief explanation of why the service is like an existing service offered by a geographically adjacent price cap local exchange carrier; and ( 2 ) Data to establish compliance with this paragraph that, in aggregate, the proposed rates for the new service are no greater than those in effect for the same or comparable service offered by that same geographically adjacent price cap regulated local exchange carrier. Compliance may be shown through submission of applicable tariff pages of the adjacent carrier; a showing that the serving areas are adjacent; any necessary explanations and work sheets. ( e ) Average schedule companies filing pursuant to this section shall retain their status as average schedule companies. ( f ) On each page of cost support material submitted pursuant to this section, the issuing carrier shall indicate the transmittal number under which that page was submitted. ( g ) Engagement in Access Stimulation. A local exchange carrier otherwise eligible to file a tariff pursuant to this section may not do so if it is engaging in Access Stimulation, as that term is defined in § 61.3(bbb) . A carrier so engaged must file interstate access tariffs in accordance with § 61.38 and § 69.3(e)(12) of this chapter . [ 76 FR 43212 , July 20, 2011, as amended at 76 FR 73882 , Nov. 29, 2011; 84 FR 57652 , Oct. 28, 2019] § 61.40 Private line rate structure guidelines. ( a ) The Commission uses a variety of tools to determine whether a dominant carrier's private line tariffs are just, reasonable, and nondiscriminatory. The dominant carrier's burden of cost justification can be reduced when its private line rate structures comply with the following five guidelines. ( 1 ) Rate structures for the same or comparable services should be integrated; ( 2 ) Rate structures for the same or comparable services should be consistent with one another; ( 3 ) Rate elements should be selected to reflect market demand, pricing convenience for the carrier and customers, and cost characteristics; a rate element which appears separately in one rate structure should appear separately in all other rate structures; ( 4 ) Rate elements should be consistently defined with respect to underlying service functions and should be consistently employed through all rate structures; and ( 5 ) Rate structures should be simple and easy to understand. ( b ) The guidelines do not preclude a carrier, in a given case when a private line tariff does not comply with these guidelines, from justifying its departure from the guidelines and showing that its tariff is just, reasonable, and nondiscriminatory. [ 49 FR 40869 , Oct. 18, 1984, as amended at 76 FR 43213 , July 20, 2011] § 61.41 Price cap requirements generally. ( a ) Sections 61.42 through 61.49 shall apply as follows: ( 1 ) [Reserved] ( 2 ) To such price cap local exchange carriers as specified by Commission order, and to all local exchange carriers, other than average schedule companies, that are affiliated with such carriers; and ( 3 ) On an elective basis, to local exchange carriers, other than those specified in paragraph (a)(2) of this section, that are neither participants in any Association tariff, nor affiliated with any such participants, except that affiliation with average schedule companies shall not bar a carrier from electing price cap regulation provided the carrier is otherwise eligible. ( b ) If a telephone company, or any one of a group of affiliated telephone companies, files a price cap tariff in one study area, that telephone company and its affiliates, except its average schedule affiliates, must file price cap tariffs in all their study areas. ( c ) Except as provided in paragraph (e) of this section, the following rules in this paragraph (c) apply to telephone companies subject to price cap regulation, as that term is defined in § 61.3(ee) , which are involved in mergers, acquisitions, or similar transactions. ( 1 ) Any telephone company subject to price cap regulation that is a party to a merger, acquisition, or similar transaction shall continue to be subject to price cap regulation notwithstanding such transaction. ( 2 ) Where a telephone company subject to price cap regulation acquires, is acquired by, merges with, or otherwise becomes affiliated with a telephone company that is not subject to price cap regulation, the latter telephone company shall become subject to price cap regulation no later than one year following the effective date of such merger, acquisition, or similar transaction and shall accordingly file price cap tariffs to be effective no later than that date in accordance with the applicable provisions of this part 61. ( 3 ) Notwithstanding the provisions of § 61.41(c)(2) , when a telephone company subject to price cap regulation acquires, is acquired by, merges with, or otherwise becomes affiliated with a telephone company that qualifies as an “average schedule” company, the latter company may retain its “average schedule” status or become subject to price cap regulation in accordance with § 69.3(i)(3) of this chapter and the requirements referenced in that section. ( d ) Except as provided in paragraph (e) of this section, local exchange carriers that become subject to price cap regulation as that term is defined in § 61.3(ff) shall not be eligible to withdraw from such regulation. ( e ) Notwithstanding the requirements of paragraphs (c) and (d) of this section, a telephone company subject to rate-of-return regulation may return lines acquired from a telephone company subject to price cap regulation to rate-of-return regulation, provided that the acquired lines will not be subject to average schedule settlements, and provided further that the telephone company subject to rate-of-return regulation may not for five years elect price cap regulation for itself, or by any means cause the acquired lines to become subject to price cap regulation. ( f ) Notwithstanding the requirements of paragraphs (c) and (d) of this section, a telephone company subject to rate-of-return regulation that is affiliated with a price cap local exchange carrier may provide business data services pursuant to § 61.50 without converting other services to price cap regulation. [ 55 FR 42382 , Oct. 19, 1990; 55 FR 50558 , Dec. 7, 1990, as amended at 56 FR 55239 , Oct. 25, 1991; 64 FR 46589 , Aug. 26, 1999; 65 FR 38695 , June 21, 2000; 65 FR 57741 , Sept. 26, 2000; 69 FR 25336 , May 6, 2004; 76 FR 43213 , July 20, 2011; 83 FR 67122 , Dec. 28, 2018] § 61.42 Price cap baskets and service categories. ( a ) - ( c ) [Reserved] ( d ) Each price cap local exchange carrier shall establish baskets of services as follows: ( 1 ) A basket for the common line, marketing, and certain residual interconnection charge interstate access elements as described in §§ 69.115 , 69.152 , 69.153 , 69.154 , 69.155 , 69.156 , and 69.157 of this chapter . For purposes of §§ 61.41 through 61.49 , this basket shall be referred to as the “CMT basket.” ( 2 ) A basket for traffic sensitive switched interstate access elements. For purposes of §§ 61.41 through 61.49 of this chapter , this basket shall be referred to as the “traffic-sensitive basket.” ( 3 ) A basket for trunking services as described in §§ 69.110 , 69.111 , 69.112 , 69.125(b) , 69.129 , and 69.155 of this chapter . For purposes of §§ 61.41 through 61.49 , this basket shall be referred to as the “trunking basket.” ( 4 ) ( i ) To the extent that a price cap local exchange carrier specified in § 61.41(a)(2) or (a)(3) offers interstate interexchange services that are not classified as access services for the purpose of part 69 of this chapter , such exchange carrier shall establish a fourth basket for such services. For purposes of §§ 61.41 through 61.49 , this basket shall be referred to as the “interexchange basket.” ( ii ) If a price cap local exchange carrier has implemented interLATA and intraLATA toll dialing parity everywhere it provides local exchange services at the holding company level, that price cap carrier may file a tariff revision to remove corridor and interstate intraLATA toll services from its interexchange basket. ( 5 ) A basket for special access services as described in § 69.114 of this chapter . ( e ) ( 1 ) The traffic sensitive switched interstate access basket shall contain such services as the Commission shall permit or require, including the following service categories: ( i ) Local switching as described in § 69.106(f) of this chapter ; ( ii ) Information, as described in § 69.109 of this chapter ; ( iii ) Data base access services; ( iv ) Billing name and address, as described in § 69.128 of this chapter ; ( v ) Local switching trunk ports, as described in § 69.106(f)(1) of this chapter ; and ( vi ) Signalling transfer point port termination, as described in § 69.125(c) of this chapter . ( 2 ) The trunking basket shall contain such switched transport as the Commission shall permit or require, including the following service categories and subcategories: ( i ) Voice grade entrance facilities, voice grade direct-trunked transport, voice grade dedicated signalling transport, ( ii ) High capacity flat-rated transport, including the following service subcategories: ( A ) DS1 entrance facilities, DS1 direct-trunked transport, DS1 dedicated signalling transport, and ( B ) DS3 entrance facilities, DS3 direct-trunked transport, DS3 dedicated signalling transport. ( iii ) Tandem-switched transport, as described in § 69.111 of this chapter ; and ( iv ) Signalling for tandem switching, as described in § 69.129 of this chapter . ( 3 ) The special access basket shall contain special access services as the Commission shall permit or require, including the following service categories and subcategories: ( i ) Voice grade special access, WATS special access, metallic special access, and telegraph special access services; ( ii ) Audio and video services; ( iii ) High capacity special access, and DDS services, including the following service subcategories: ( A ) DS1 special access services; and ( B ) DS3 special access services; ( iv ) Wideband data and wideband analog services. ( f ) Each price cap local exchange carrier shall exclude from its price cap baskets such services or portions of such services as the Commission has designated or may hereafter designate by order. ( g ) New services, other than those within the scope of paragraph (f) of this section, must be included in the affected basket at the first annual price cap tariff filing following completion of the base period in which they are introduced. To the extent that such new services are permitted or required to be included in new or existing service categories within the assigned basket, they shall be so included at the first annual price cap tariff filing following completion of the base period in which they are introduced. [ 54 FR 19842 , May 8, 1989] Editorial Note Editorial Note: For Federal Register citations affecting § 61.42 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 61.43 Annual price cap filings required. Price cap local exchange carriers shall submit annual price cap tariff filings that propose rates for the upcoming tariff year, that make appropriate adjustments to their PCI, API, and SBI values pursuant to §§ 61.45 through 61.47 , and that incorporate new services into the PCI, API, or SBI calculations pursuant to §§ 61.45(g) , 61.46(b) , and 61.47(b) and (c) . Price cap local exchange carriers may propose rate, PCI, or other tariff changes more often than annually, consistent with the requirements of § 61.59 . [ 76 FR 43214 , July 20, 2011] § 61.44 [Reserved] § 61.45 Adjustments to the PCI for Local Exchange Carriers. ( a ) Price cap local exchange carriers shall file adjustments to the PCI for each basket as part of the annual price cap tariff filing, and shall maintain updated PCIs to reflect the effect of mid-year exogenous cost changes. ( b ) ( 1 ) ( i ) Adjustments to price cap local exchange carrier PCIs, in those carriers' annual access tariff filings, the traffic sensitive basket described in § 61.42(d)(2) , the trunking basket described in § 61.42(d)(3) , the special access basket described in § 61.42(d)(5) and the Interexchange Basket described in § 61.42(d)(4)(i) , shall be made pursuant to the following formula: “PCI t = PCI t − 1 [1 + w[GDP-PI − X] + Z / R].” PCI t − 1 = PCI t −1 [1 + w[GDP-PI − X] + Z / R] Where the terms in the equation are described: GDP-PI = For annual filings only, the percentage change in the GDP-PI between the quarter ending six months prior to the effective date of the new annual tariff and the corresponding quarter of the previous year. For all other filings, the value is zero. X = For the CMT, traffic sensitive, and trunking baskets, for annual filings only, the factor is set at the level prescribed in paragraphs (b)(1)(ii) and (iii) of this section. For the interexchange basket, for annual filings only, the factor is set at the level prescribed in paragraph (b)(1)(v) of this section. For the special access basket, for annual filings only, the factor is set at the level prescribed in paragraph (b)(1)(iv) of this section. For all other filings, the value is zero. g = For annual filings for the CMT basket only, the ratio of minutes of use per access line during the base period, to minutes of use per access line during the previous base period, all minus 1. Z = The dollar effect of current regulatory changes when compared to the regulations in effect at the time the PCI was updated to PCI t−1 , measured at base period level of operations. Targeted Reduction = the actual possible dollar value of the (GDP-PI − X) reductions that will be targeted to the ATS Charge pursuant to § 61.45(i)(3) . The reductions calculated by applying the (GDP-PI − X) portion of the formula to the CCL element within the CMT basket will contain the “g” component, as defined above. R = Base period quantities for each rate element “I”, multiplied by the price for each rate element “I” at the time the PCI was updated to PCI t − 1. w = R + Z, all divided by R (used for the traffic sensitive, trunking, and special access baskets). w ix = R—(access rate in effect at the time the PCI was updated to PCI t − 1 * base period demand) + Z, all divided by R. PCI t = The new PCI value. PCI t −1 = the immediately preceding PCI value. ( ii ) The X value applicable to the baskets specified in §§ 61.42(d)(1) , (d)(2) , and (d)(3) , shall be 6.5%, to the extent necessary to reduce a tariff entity's ATS charge to its Target Rate as set forth in § 61.3(qq) . Once any price cap local exchange carrier tariff entity's ATS Charge is equal to the Target Rate as set forth in § 61.3(qq) for the first time (the former NYNEX telephone companies may be treated as a separate tariff entity), then, except as provided in paragraph (b)(1)(iii) of this section, X is equal to GDP-PI and no further reductions will be mandated ( i.e., if applying the full X-factor reduction for a given year would reduce the ATS charge below the Target Rate as set forth in § 61.3 (qq) , the amount of X-factor reduction applied that year will be the amount necessary to reach the Target Rate as set forth in § 61.3 (qq) ). A filing entity does not reach the Target Rate as set forth in § 61.3(qq) in any year in which it exercises an exogenous adjustment pursuant to § 61.45(d)(vii) . For companies with separate tariff entities under a single price cap, the following rules shall apply: ( A ) Targeting amounts as defined in § 61.45(i)(1)(i) shall be identified separately, using the revenue for each of the tariff entities under the cap. ( B ) Each tariff entity shall only be required to use the amount of targeting necessary to get to the Target Rate as set forth in § 61.3 (qq) . ( iii ) ( A ) Except as provided in paragraph (b)(1)(iii)(B) of this section, once the Tariff Entity's Target Rate as set forth in § 61.3 (qq) is achieved, the X-factor for the CMT basket will equal GDP-PI as long as GDP-PI is less than or equal to 6.5% and greater than 0%. If GDP-PI is greater than 6.5%, and an entity has eliminated its CCL and multi-line business PICCs charges, the X-factor for the CMT basket will equal 6.5%, and all End User Common Line charges, rates and nominal caps, will be increased by the difference between GDP-PI and the 6.5% X-factor. If GDP-PI is less than 0, the X-factor for the CMT basket will be 0. ( B ) For tariff filing entities with a Target Rate of $0.0095, or for the portion of a filing entity consolidated pursuant to § 61.48(o) that, prior to such consolidation, had a Target Rate of $0.0095, in which the ATS charge has achieved the Target Rate but in which the carrier common line (CCL) charge has not been eliminated, the X-factor for the CMT basket will be 6.5% until the earlier of June 30, 2004, or until CCL charges are eliminated pursuant to paragraph (i)(4) of this section. Thereafter, in any filing entity in which a CCL charge remains after July 1, 2004, the X-factor for the CMT basket will be determined pursuant to paragraph (b)(1)(iii)(A) of this section as if CCL charges were eliminated. ( iv ) For the special access basket specified in § 61.42(d)(5) , the value of X shall be 2.0% beginning December 1, 2017, notwithstanding any language in § 61.45(b)(1)(i) . ( v ) For the interexchange basket specified in § 61.42(d)(4) , the value of X shall be 3.0% for all annual filings. ( 2 ) Adjustments to price cap local exchange carrier PCIs and average price cap CMT revenue per line, in tariff filings other than the annual access tariff filing, for the CMT basket described in § 61.42(d)(1) , the traffic sensitive basket described in § 61.42(d)(2) , the trunking basket described in § 61.42(d)(3) , the interexchange basket described in § 61.42(d)(4) , and the special access basket described in § 61.42(d)(5) , shall be made pursuant to the formulas set forth in paragraph (b)(1)(i) of this section, except that the “w(GDP-PI − X)” component of those PCI formulas shall not be employed. ( c ) Effective July 1, 2000, the prices of the CMT basket rate elements, excluding special access surcharges under § 69.115 of this chapter and line ports in excess of basic under § 69.157 of this chapter , shall be set based upon Average Price Cap CMT Revenue per Line month. ( d ) The exogenous cost changes represented by the term “Z” in the formula detailed in paragraph (b)(1)(i) of this section shall be limited to those cost changes that the Commission shall permit or require by rule, rule waiver, or declaratory ruling. ( 1 ) Subject to further order of the Commission, those exogenous changes shall include cost changes caused by: ( i ) The completion of the amortization of depreciation reserve deficiencies; ( ii ) Such changes in the Uniform System of Accounts, including changes in the Uniform System of Accounts requirements made pursuant to § 32.16 of this chapter , as the Commission shall permit or require be treated as exogenous by rule, rule waiver, or declaratory ruling; ( iii ) Changes in the Separations Manual; ( iv ) [Reserved] ( v ) The reallocation of investment from regulated to nonregulated activities pursuant to § 64.901 of this chapter ; ( vi ) Such tax law changes and other extraordinary cost changes as the Commission shall permit or require be treated as exogenous by rule, rule waiver, or declaratory ruling; ( vii ) Retargeting the PCI to the level specified by the Commission for carriers whose base year earnings are below the level of the lower adjustment mark, subject to the limitation in § 69.731 of this chapter . The allocation of LFAM amounts will be allocated pursuant to § 61.45(d)(3) . This section shall not be applicable to tariff filings during the tariff year beginning July 1, 2000, but is applicable in subsequent years; ( viii ) Inside wire amortizations; ( ix ) The completion of amortization of equal access expenses. ( 2 ) Price cap local exchange carriers specified in §§ 61.41(a)(2) or (a)(3) shall, in their annual access tariff filing, recognize all exogenous cost changes attributable to modifications during the coming tariff year in their Subscriber Plant Factor and the Dial Equipment Minutes factor, and completions of inside wire amortizations and reserve deficiency amortizations. ( 3 ) Exogenous cost changes shall be apportioned on a cost-causative basis between price cap services as a group, and excluded services as a group. Total exogenous cost changes thus attributed to price cap services shall be recovered from services other than those used to calculate the ATS charge. ( e ) [Reserved] ( f ) The exogenous costs caused by new services subject to price cap regulation must be included in the appropriate PCI calculations under paragraphs (b) and (c) of this section beginning at the first annual price cap tariff filing following completion of the base period in which such services are introduced. ( g ) In the event that a price cap tariff becomes effective, which tariff results in an API value (calculated pursuant to § 61.46 ) that exceeds the currently applicable PCI value, the PCI value shall be adjusted upward to equal the API value. ( h ) [Reserved] ( i ) ( 1 ) ( i ) Price cap local exchange carriers that are recovering revenues through rates pursuant to §§ 69.106 , 69.108 , 69.109 , 69.110 , 69.111 , 69.112 , 69.113 , 69.118 , 69.123 , 69.124 , 69.125 , 69.129 , or § 69.155 of this chapter shall target, to the extent necessary to reduce the ATS Charge to the Target Rate as set forth in § 61.3 (qq) for the first time, any PCI reductions associated with the dollar impact of application of the (GDP-PI − X) portion of the formula in § 61.45(b)(1)(i) to the traffic sensitive and trunking baskets. In order to calculate the actual dollars to transfer to the trunking and traffic sensitive baskets, carriers will first determine the “Targeted Revenue Differential” that will be transferred to the trunking and traffic sensitive baskets to reduce the ATS Charge to the Target Rate as set forth in § 61.3(qq) . The Targeted Revenue Differential shall be applied only to the trunking and traffic sensitive baskets to the extent necessary to reduce the ATS charge to the Target Rate as set forth in § 61.3 (qq) , and shall not be applied to reduce the PCIs in any other basket or to reduce Average Price Cap CMT Revenue per Line month, except as provided in § 61.45(i)(4) . ( ii ) For the purposes of § 61.45(i)(1)(i) , Targeted Revenue Differential will be determined by adding together the following amounts: ( A ) R * (GDP-PI − X) for the traffic sensitive basket, trunking basket, and the CMT basket excluding CCL revenues; and ( B ) CCL Revenues * [(GDP-PI − X − (g / 2)] / [1 + (g / 2)] Where “g” is defined in § 61.45(b)(1)(i) . ( 2 ) Until a tariff entity's ATS Charge equals the Target Rate as set forth in § 61.3 (qq) for the first time, the Targeted Revenue Differential will be targeted to reduce the following rates for that tariff filing entity, in order of priority: ( i ) To the residual per minute Transport Interconnection Charge, until that rate is $0.00; then ( ii ) To the Information Surcharge, until that rate is $0.00; then ( iii ) To the other Local Switching charges and Switched Transport charges until the tariff entity's ATS Rate equals the Target Rate as set forth in § 61.3(qq) for the first time. In making these reductions, the reductions to Local Switching rates as a percentage of total X-factor reductions must be greater than or equal to the percentage proportion of Local Switching revenues to the total sum of revenues for Local Switching, Local Switching Trunk Ports, Signalling Transfer Point Port Termination, Switched Direct Trunked Transport, Signalling for Switched Direct Trunked Transport, Entrance Facilities for switched access traffic, Tandem Switched Transport, and Signalling for Tandem Switching ( i.e., Local Switching gets at least its proportionate share of reductions). ( 3 ) After a price cap local exchange carrier reaches the Target Rate as set forth in § 61.3(qq) , the ATS Rate will be recalculated each subsequent Annual Filing. This process will identify the new ATS Charge for the new base period level. Due to change in base period demand and inclusion of new services for that annual filing, the absolute level of a tariff entity's ATS Charge may change. The resulting new ATS Charge level will be what that tariff entity will be measured against during that base period. For example, if a company whose target is $0.0055 reached the Target Rate during the 2000 annual filing, that level may change to $0.0058 in the 2001 annual filing due to change in demand and inclusion of new services. Therefore, it will be the $0.0058 average rate that the tariff entity will be measured against for all non-annual filings. Likewise, if that same company was at the Target Rate during the 2000 filing, that level may change to $0.0053 average rate in the 2001 annual filing due to change in demand and inclusion of new services. In that case, it will be at the $0.0053 average rate that the tariff entity will be measured. ( 4 ) A company electing a $0.0095 Target Rate will, in the tariff year it reaches the Target Rate, apply any Targeted Revenue Differential remaining after reaching the Target Rate to reduce Average Price Cap CMT Revenue per Line month until the CCL charge is eliminated. In subsequent years, until the earlier of June 30, 2004 or when the CCL charge is eliminated, tariff filing entities with a Target Rate of $0.0095, or the portion of a filing entity consolidated pursuant to § 61.48(o) that, prior to such consolidation, had a Target Rate of $0.0095, will reduce Average Price Cap CMT Revenue per Line month according to the following method: ( i ) Filing entity calculates the maximum allowable carrier common line revenue, as defined in § 61.46(d)(1) , that would be permitted in the absence of further adjustment pursuant to this paragraph; ( ii ) Filing entity identifies maximum amount of dollars available to reduce Average Price Cap CMT Revenue per Line month by the following: (CMT revenue in a $0.0095 Area −CCL revenue in a $0.0095 Area) * (GDP-PI −X) + (CCL Revenue in a $0.0095 Area) * [(GDP-PI − X) − (g / 2)] / [1 + (g / 2)] ( iii ) The Average Price Cap CMT Revenue per Line month shall then be reduced by the lesser of the amount described in paragraph (i)(4)(i) of this section and the amount described in paragraph (i)(4)(ii) of this section, divided by base period Switched Access End User Common Line Charge lines. [ 65 FR 38696 , June 21, 2000; 65 FR 57741 , Sept. 26, 2000; 76 FR 43214 , July 20, 2011; 82 FR 25711 , June 2, 2017] § 61.46 Adjustments to the API. ( a ) Except as provided in paragraphs (d) and (e) of this section, in connection with any price cap tariff filing proposing rate changes, the price cap local exchange carrier must calculate an API for each affected basket pursuant to the following methodology: API t = API t-1 [Σi v i (P t /P t-1 )i] Where: API t = the proposed API value, API t-1 = the existing API value, P t = the proposed price for rate element “i,” P t-1 = the existing price for rate element “i,” and v i = the current estimated revenue weight for rate element “i,” calculated as the ratio of the base period demand for the rate element “i” priced at the existing rate, to the base period demand for the entire basket of services priced at existing rates. ( b ) New services subject to price cap regulation must be included in the appropriate API calculations under paragraph (a) of this section beginning at the first annual price cap tariff filing following completion of the base period in which they are introduced. This index adjustment requires that the demand for the new service during the base period must be included in determining the weights used in calculating the API. ( c ) Any price cap tariff filing proposing rate restructuring shall require an adjustment to the API pursuant to the general methodology described in paragraph (a) of this section. This adjustment requires the conversion of existing rates into rates of equivalent value under the proposed structure, and then the comparison of the existing rates that have been converted to reflect restructuring to the proposed restructured rates. This calculation may require use of carrier data and estimation techniques to assign customers of the preexisting service to those services (including the new restructured service) that will remain or become available after restructuring. ( d ) The maximum allowable carrier common line (CCL) revenue shall be computed pursuant to the following methodology: CCL = CMT−EUCL−Interstate Access Universal Service Support Mechanism Per Line−PICC Where: CMT = Price Cap CMT Revenue as defined in § 61.3(cc) . EUCL = Maximum allowable EUCL rates established pursuant to § 69.152 of this chapter multiplied by base period lines. Interstate Access Universal Service Support Per Line = the amount as determined by the Administrator pursuant to § 54.807 of this chapter times the number of base period lines for each customer class and zone receiving Interstate Access Universal Service support pursuant to part 54, subpart J. PICC = Maximum allowable PICC rates established pursuant to § 69.153 of this chapter multiplied by base period lines. ( e ) In no case shall a price cap local exchange carrier include data associated with services offered pursuant to contract tariff in the calculations required by this section. [ 65 FR 38698 , June 21, 2000; 65 FR 57741 , 57742 , Sept. 26, 2000; 76 FR 43214 , July 20, 2011] § 61.47 Adjustments to the SBI; pricing bands. ( a ) In connection with any price cap tariff filing proposing changes in the rates of services in service categories, subcategories, or density zones, the carrier must calculate an SBI value for each affected service category, subcategory, or density zone pursuant to the following methodology: SBI t = SBI t-1 [Σ i v i (P t /P t−1 ) i ] where SBI t = the proposed SBI value, SBI t-1 = the existing SBI value, P t = the proposed price for rate element “i,” P t-1 = the existing price for rate element “i,” and v i = the current estimated revenue weight for rate element “i,” calculated as the ratio of the base period demand for the rate element “i” priced at the existing rate, to the base period demand for the entire group of rate elements comprising the service category priced at existing rates. ( b ) New services that are added to existing service categories or subcategories must be included in the appropriate SBI calculations under paragraph (a) of this section beginning at the first annual price cap tariff filing following completion of the base period in which they are introduced. This index adjustment requires that the demand for the new service during the base period must be included in determining the weights used in calculating the SBI. ( c ) In the event that the introduction of a new service requires the creation of a new service category or subcategory, a new SBI must be established for that service category or subcategory beginning at the first annual price cap tariff filing following completion of the base period in which the new service is introduced. The new SBI should be initialized at a value of 100, corresponding to the service category or subcategory rates in effect the last day of the base period, and thereafter should be adjusted as provided in paragraph (a) of this section. ( d ) Any price cap tariff filing proposing rate restructuring shall require an adjustment to the affected SBI pursuant to the general methodology described in paragraph (a) of this section. This adjustment requires the conversion of existing rates in the rate element group into rates of equivalent value under the proposed structure, and then the comparison of the existing rates that have been converted to reflect restructuring to the proposed restructured rates. This calculation may require use of carrier data and estimation techniques to assign customers of the preexisting service to those services (including the new restructured service) that will remain or become available after restructuring. ( e ) Pricing bands shall be established each tariff year for each service category and subcategory within a basket. Each band shall limit the pricing flexibility of the service category, subcategory, as reflected in the SBI, to an annual increase of a specified percent listed in this paragraph, relative to the percentage change in the PCI for that basket, measured from the levels in effect on the last day of the preceding tariff year. For local exchanage carriers subject to price cap regulation as that term is defined in § 61.3(ee) , there shall be no lower pricing band for any service category or subcategory. ( 1 ) Five percent: ( i ) Local Switching (traffic sensitive basket) ( ii ) Information (traffic sensitive basket) ( iii ) Database Access Services (traffic sensitive basket) ( iv ) 800 Database Vertical Services subservice (traffic sensitive basket) ( v ) Billing Name and Address (traffic sensitive basket) ( vi ) Local Switching Trunk Ports (traffic sensitive basket) ( vii ) Signalling Transfer Point Port Termination (traffic sensitive basket) ( viii ) Voice Grade (trunking and special access baskets) ( ix ) Audio/Video (special access basket) ( x ) Total High Capacity (trunking and special access baskets) ( xi ) DS1 Subservice (trunking and special access baskets) ( xii ) DS3 Subservice (trunking and special access baskets) ( xiii ) Wideband (special access basket) ( 2 ) Two percent: ( i ) Tandem-Switched Transport (trunking basket) ( ii ) Signalling for Tandem Switching (trunking basket) ( f ) A price cap local exchange carrier may establish density zones pursuant to the requirements set forth in § 69.123 of this chapter , for any service in the trunking and special access baskets, other than the interconnection charge set forth in § 69.124 of this chapter . The pricing flexibility of each zone shall be limited to an annual increase of 15 percent, relative to the percentage change in the PCI for that basket, measured from the levels in effect on the last day of the preceding tariff year. There shall be no lower pricing band for any density zone. ( g ) - ( i ) (l) [Reserved] ( 2 ) Effective January 1, 1998, notwithstanding the requirements of paragraph (a) of this section, if a price cap local exchange carrier is recovering interconnection charge revenues through per-minute rates pursuant to § 69.155 of this chapter , any reductions to the PCI for the basket designated in § 61.42(d)(3) resulting from the application of the provisions of § 61.45(b)(1)(i) and from the application of the provisions of §§ 61.45(i)(1) and 61.45(i)(2) shall be directed to the SBI of the service category designated in § 61.42(d)(i) . ( 3 ) [Reserved] ( 4 ) Effective January 1, 1998, the SBI reduction required by paragraph (i)(2) of this section shall be determined by dividing the sum of the dollar amount of any PCI reduction required by §§ 61.45(i)(1) and 61.45(i)(2) , by the dollar amount associated with the SBI for the service category designated in § 61.42(e)(2)(vi) , and multiplying the SBI for the service category designated in § 61.42(e)(2)(vi) by one minus the resulting ratio. ( 5 ) Effective July 1, 2000, notwithstanding the requirements of paragraph (a) of this section and subject to the limitations of § 61.45(i) , if a price cap local exchange carrier is recovering an ATS charge greater than its Target Rate as set forth in § 61.3(qq) , any reductions to the PCI for the traffic sensitive or trunking baskets designated in §§ 61.42(d)(2) and 61.42(d)(3) resulting from the application of the provisions of § 61.45(b) , and the formula in § 61.45(b) and from the application of the provisions of §§ 61.45(i)(1) , and 61.45(i)(2) shall be directed to the SBIs of the service categories designated in §§ 61.42(e)(1) and 61.42(e)(2) . ( j ) [Reserved] ( k ) In no case shall a price cap local exchange carrier include data associated with services offered pursuant to contract tariff in the calculations required by this section. [ 54 FR 19843 , May 8, 1989] Editorial Note Editorial Note: For Federal Register citations affecting § 61.47 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 61.48 Transition rules for price cap formula calculations. ( a ) - ( h ) [Reserved] ( i ) Transport and Special Access Density Pricing Zone Transition Rules — ( 1 ) Definitions. The following definitions apply for purposes of paragraph (i) of this section: Earlier date is the earlier of the special access zone date and the transport zone date. Earlier service is special access if the special access zone date precedes the transport zone date, and is transport if the transport zone date precedes the special access zone date. Later date is the later of the special access zone date and the transport zone date. Later service is transport if the special access zone date precedes the transport zone date, and is special access if the transport zone date precedes the special access zone date. Revenue weight of a given group of services included in a zone category is the ratio of base period demand for the given service rate elements included in the category priced at existing rates, to the base period demand for the entire group of rate elements comprising the category priced at existing rates. Special access zone date is the date on which a local exchange carrier tariff establishing divergent special access rates in different zones, as described in § 69.123(c) of this chapter , becomes effective. Transport zone date is the date on which a local exchange carrier tariff establishing divergent switched transport rates in different zones, as described in § 69.123(d) of this chapter , becomes effective. ( 2 ) Simultaneous Introduction of Special Access and Transport Zones. Price cap local exchange carriers that have established density pricing zones pursuant to § 69.123 of this chapter , and whose special access zone date and transport zone date occur on the same date, shall initially establish density pricing zone SBIs and bands pursuant to the methodology in §§ 61.47(e) through (f) . ( 3 ) Sequential Introduction of Zones in the Same Tariff Year. Notwithstanding §§ 61.47(e) through (f) , price cap local exchange carriers that have established density pricing zones pursuant to § 69.123 of this chapter , and whose special access zone date and transport zone date occur on different dates during the same tariff year, shall, on the earlier date, establish density pricing zone SBIs and pricing bands using the methodology described in §§ 61.47(e) through (f) , but applicable to the earlier service only. On the later date, such carriers shall recalculate the SBIs and pricing bands to limit the pricing flexibility of the services included in each density pricing zone category, as reflected in its SBI, as follows: ( i ) The upper pricing band shall be a weighted average of the following: ( A ) The upper pricing band that applied to the earlier services included in the zone category on the day preceding the later date, weighted by the revenue weight of the earlier services included in the zone category; and ( B ) 1.05 times the SBI value for the services included in the zone category on the day preceding the later date, weighted by the revenue weight of the later services included in the zone category. ( ii ) [Reserved] ( iii ) On the later date, the SBI value for the zone category shall be equal to the SBI value for the category on the day preceding the later date. ( 4 ) Introduction of Zones in Different Tariff Years. Notwithstanding §§ 61.47(e) through (f) , those price cap local exchange carriers that have established density pricing zones pursuant to § 69.123 of this chapter , and whose special access zone date and transport zone date do not occur within the same tariff year, shall, on the earlier date, establish density pricing zone SBIs and pricing bands using the methodology described in §§ 61.47(e) through (f) , but applicable to the earlier service only. ( j ) - ( k ) [Reserved] ( l ) Average Traffic Sensitive Revenues. ( 1 ) In the July 1, 2000 annual filing, price cap local exchange carriers will make an additional reduction to rates comprising ATS charge, and to associated SBI upper limits and PCIs. This reduction will be calculated to be the amount that would be necessary to achieve a total $2.1 billion reduction in carrier common line and ATS rates by all price cap local exchange carriers, compared with those rates as they existed on June 30, 2000 using 2000 annual filing base period demand. ( i ) The net change in revenue associated with Carrier Common Line Rate elements resulting from: ( A ) The removal from access of price cap local exchange carrier contributions to the Federal universal service mechanisms; ( B ) Price cap local exchange carrier receipts of interstate access universal service support pursuant to subpart J of part 54; ( C ) Changes in End User Common Line Charges and PICC rates; ( D ) Changes in Carrier Common Line charges due to GDP-PI − X targeting for $0.0095 filing entities. ( ii ) Reductions in Average Traffic Sensitive charges resulting from: ( A ) Targeting of the application of the (GDP-PI − X) portion of the formula in § 61.45(b) , and any applicable “g” adjustments; ( B ) The removal from access of price cap local exchange carrier contributions to the Federal universal service mechanisms; ( C ) Additional ATS charge reductions defined in paragraph (2) of this section. ( 2 ) Once the reductions in paragraph (l)(1)(i) and paragraphs (l)(1)(ii)(A) and (l)(1)(ii)(B) of this section are identified, the difference between those reductions and $2.1 billion is the total amount of additional reductions that would be made to ATS rates of price cap local exchange carriers. This amount will then be restated as the percentage of total price cap local exchange carrier Local Switching revenues as of June 30, 2000 using 2000 annual filing base period demand (“June 30 Local Switching revenues”) necessary to yield the total amount of additional reductions and taking into account the fact that, if participating, a price cap local exchange carrier would not reduce ATS rates below its Target Rate as set forth in § 61.3(qq) .Each price cap local exchange carrier then reduces ATS rate elements, and associated SBI upper limits and PCIs, by a dollar amount equivalent to the percentage times the June 30 Local Switching revenues for that filing entity, provided that no price cap local exchange carrier shall be required to reduce its ATS rates below its Target Rate as set forth in § 61.3(qq) . Each price cap local exchange carrier can take its additional reductions against any of the ATS rate elements, provided that at least a proportional share must be taken against Local Switching rates. ( m ) Pooled Local Switching Revenues. ( 1 ) Price cap local exchange carriers are permitted to pool local switching revenues in their CMT basket under one of the following conditions. ( i ) Any price cap local exchange carrier that would otherwise have July 1, 2000 price cap reductions as a percentage of Base Period Price Cap Revenues at the holding company level greater than the industry wide total July 1, 2000 price cap revenue reduction as a percentage of Base Period Price Cap Revenues may elect temporarily to pool the amount of the additional reductions above 25% of the Local Switching element revenues necessary to yield that carrier's proportionate share of a total $2.1 billion reduction in switched access usage rates on July 1, 2000. The basis of the reduction calculation will be R at PCI t-1 for the upcoming tariff year. The percentage reductions per line amounts will be calculated as follows: (Total Price Cap Revenue Reduction ÷ Base Period Price Cap Revenues) Pooled local switching revenue for each filing entity within a holding company that qualifies under this paragraph (i) will continue until such pooled revenues are eliminated under this paragraph. Notwithstanding the provisions of § 61.45(b)(1) , once the Average Traffic Sensitive (ATS) rate reaches the applicable Target Rate as set forth in § 61.3(qq) , the Targeted Revenue Differential as defined in § 61.45(i) shall be targeted to reducing pooled local switching revenue until the pooled local switching revenue is eliminated. Thereafter, the X-factor for these baskets will be determined in accordance with § 61.45(b)(1) . ( ii ) Price cap local exchange carriers other than the Bell companies and GTE with at least 20% of total holding company lines operated by companies that as of December 31, 1999 were certified to the Commission as rural carriers, may elect to pool up to the following amounts: ( A ) For a price cap holding company's predominantly non-rural filing entities ( i.e., filing entities within which more than 50% of all lines are operated by telephone companies other than those that as of December 31, 1999 were certified to the Commission as rural telephone companies), the amount of the additional reductions to Average Traffic Sensitive Charge rates as defined in paragraph (l)(2) of this section, to the extent such reductions exceed 25% of the Local Switching element revenues (measured in terms of June 30, 2000 rates times 1999 base period demand); ( B ) For a price cap holding company's predominantly rural filing entities ( i.e., filing entities with greater than 50% of lines operated by telephone companies that as of December 31, 1999 were certified to the Commission as rural telephone companies), the amount of the additional reductions to Average Traffic Sensitive Charge rates as defined in paragraph (l)(2) of this section. ( 2 ) Allocation of Pooled Local Switching Revenue to Certain CMT Elements ( i ) The pooled local switching revenue for each filing entity is shifted to the CMT basket within price caps. Pooled local switching revenue will not be included in calculations to determine the eligibility for interstate access universal service funding. ( ii ) Pooled local switching revenue will be capped on a revenue per line basis. ( iii ) Pooled local switching revenue is included in the total revenue for the CMT basket in calculating the X-factor reduction targeted to the traffic sensitive rate elements, and for companies qualified under paragraph (m)(1)(i) of this section, to pooled elements after the Average Traffic Sensitive Charge reaches the target level. For the purpose of targeting X-factor reductions, companies that allocate pooled local switching revenue to other filing entities pursuant to paragraph (m)(2)(vii) of this section shall include pooled local switching revenue in the total revenue of the CMT basket of the filing entity from which the pooled local switching revenue originated. ( iv ) Pooled local switching revenue shall be kept separate from CMT revenue in the CMT basket. CMT rate elements for each filing entity shall first be set based on CMT revenue per line without regard to the presence of pooled local switching revenue for each filing entity. ( v ) If the rates generated without regard to the presence of pooled local switching revenue for multi-line business PICC and/or multi-line business SLC are below the nominal caps of $4.31 and $9.20, respectively, pooled amounts can be added to these rate elements to the extent permitted by the nominal caps. ( vi ) Notwithstanding the provisions of § 69.152(k) of this chapter , pooled local switching revenue is first added to the multi-line business SLC until the rate equals the nominal cap ($9.20) or the pooled local switching revenue is fully allocated. If pooled local switching revenue remains after applying amounts to the multi-line business SLC, notwithstanding the provisions of § 69.153 of this chapter , the remaining pooled local switching revenue may be added to the multi-line business PICC until the rate equals the nominal cap ($4.31) or the pooled local switching revenue is fully allocated. Unallocated pooled local switching revenue may still remain. For companies pooling pursuant to paragraph (m)(1)(i) of this section, these unallocated amounts may not be recovered from the CCL charge, the primary residential and single-line business SLC, a non-primary residential SLC, or from CMT elements in any other filing entity. ( vii ) For companies pooling pursuant to paragraph (m)(1)(ii) of this section, pooled local switching revenue that can not be allocated to the multi-line business PICC and multi-line business SLC rates within an individual filing entity may not be recovered from the CCL charge, primary residential and single-line business SLC or residential/single-line business SLC charges, but may be allocated to other filing entities within the holding company, and collected by adding these amounts to the multi-line business PICC and multi-line business SLC rates. The allocation of pooled local switching revenue among filing entities will be re-calculated at each annual filing. In subsequent annual filings, pooled local switching revenue that was allocated to another filing entity will be reallocated to the filing entity from where it originated, to the full extent permitted by the nominal caps of $9.20 and $4.31. ( viii ) Notwithstanding the provisions of § 69.152(k) of this chapter , these unallocated local switching revenues that cannot be recovered fully pursuant to paragraph (m)(2)(vii) of this section are first added to the multi-line business SLC of other filing entities until the resulting rate equals the nominal cap ($9.20) or the pooled local switching revenue for the holding company is fully allocated. If the pooled local switching revenue can be fully allocated to the multi-line business SLC, the amount is distributed to each filing entity with a rate below the nominal cap ($9.20) based on its below-cap multi-line business SLC revenue as a percentage of the total holding company's below-cap multi-line business SLC revenue. ( ix ) If pooled local switching revenue remains after applying amounts to the multi-line business SLC of all filing entities in the holding company, pooled local switching revenue may be added to the multi-line business PICC of other filing entities. Notwithstanding the provisions of § 69.153 of this chapter , the remaining pooled local switching revenue is distributed to each filing entity with a rate below the nominal cap ($4.31) based on its below-cap multi-line business PICC revenue as a percentage of the total holding company's below-cap multi-line business PICC revenue. ( x ) If pooled local switching revenue is added to the multi-line business SLC but not to the multi-line business PICC for a filing entity that qualified to deaverage SLCs without regard to pooled local switching revenue, the resulting SLC rates can still be deaveraged. Total pooled local switching revenue is added to the deaveraged zone 1 multi-line business SLC rate until the per line rate in zone 1 equals the rate in zone 2 or until the pooled local switching revenue is fully allocated to the deaveraged multi-line business SLC rate for zone 1. If pooled local switching revenue remains after the rate in zone 1 equals zone 2, the deaveraged rates of zone 1 and zone 2 are increased until the pooled local switching revenue is fully allocated to the deaveraged multi-line business SLC rates of zone 1 and 2 or until those rates reach the zone 3 multi-line business SLC rate level. This process continues until pooled local switching revenue is fully allocated to the zone deaveraged rates. ( n ) Establishment of the special access basket, effective July 1, 2000. ( 1 ) On the effective date, the PCI value for the special access basket, as defined in § 61.42(d)(5) shall be equal to the PCI for the trunking basket on the day preceding the establishment of the special access basket. ( 2 ) On the effective date, the API value for the special access basket, as defined in § 61.42(d)(5) shall be equal to the API for the trunking basket on the day preceding the establishment of the special access basket. ( 3 ) Service Category, Subcategory, and Density Zone SBIs and Upper Limits. ( i ) Interconnection, Tandem Switched Transport, and Signalling Interconnec- tion will retain the SBIs and upper limits and remain in the trunking basket. ( ii ) Audio/Video and Wideband will retain the SBIs and upper limits and be moved into the special access basket. ( iii ) For Voice Grade, the SBIs and upper limits in both baskets will be equal to the SBIs and upper limits in the existing trunking basket on the day preceding the establishment of the special access basket. Voice Grade density zones in the trunking basket will retain their indices and upper limits. Voice Grade density zones will be initialized in the special access basket when services are first offered in them. ( iv ) For High Cap/DDS, DS1, and DS3 category and subcategories, the SBIs and upper limits in both baskets will be equal to the SBIs and upper limits in the existing trunking basket on the day preceding the establishment of the special access basket. SBIs and upper limits for services that are in both combined density zones and either DTT/EF or special access density zones will be calculated by using weighted averages of the indices in the affected zones. ( v ) For each DTT/EF-related zone remaining in the trunking basket, the values will be calculated by taking the sum of the products of the DTT/EF revenues times the DTT/EF index (or upper limit) and the DTT/EF-related revenues in the combined zone times the combined index (or upper limit), and dividing by the total DTT/EF-related revenues for that zone. ( vi ) For each special access-related zone in the special access basket, the values will be calculated by taking the sum of the products of the special access revenues times the special access index (or upper limit) and the special access-related revenues in the combined zone times the combined index (or upper limit), and dividing by the total special access-related revenues for that zone. ( o ) Treatment of acquisitions of exchanges with different ATS Target Rates as set forth in § 61.3(qq) : ( 1 ) In the event that a price cap local exchange carrier acquires a filing entity or portion thereof from a price cap local exchange carrier after July 1, 2000, and the price cap local exchange carrier did not have a binding and executed contract to purchase that filing entity or portion thereof as of April 1, 2000, those properties retain their pre-existing Target Rates as set forth in § 61.3(qq) . If those properties are merged into a filing entity with a different Target Rate as set forth in § 61.3(qq) , the Target Rate as set forth in § 61.3(qq) for the merged filing entity will be the weighted average of the Target Rates as set forth in § 61.3(qq) for the properties being combined into a single filing entity, with the average weighted by local switching minutes. When a property acquired as a result of a contract for purchase executed after April 1, 2000 is merged with $0.0095 Target Rate properties, the obligation to apply price cap reductions to reduce CCL, pursuant to § 61.45(b)(iii) does not apply to the properties purchased under contracts executed after April 1, 2000, but continues to apply to the other properties. ( 2 ) For sale of properties for which a holding company was, as of April 1, 2000, under a binding and executed contract to purchase but which close after June 30, 2000, but during tariff year 2000, and that are subject to the $0.0095 Target Rate as set forth in § 61.3(qq) , the Average Traffic Sensitive Rate charged by the purchaser for that property will be the greater of $0.0095 or the Average Traffic Sensitive Rate for that property. [ 54 FR 19843 , May 8, 1989, as amended at 55 FR 42384 , Oct. 19, 1990; 56 FR 21617 , May 10, 1991; 56 FR 55239 , Oct. 25, 1991; 59 FR 10302 , Mar. 4, 1994; 60 FR 19528 , Apr. 19, 1995; 60 FR 52346 , Oct. 6, 1995; 62 FR 31932 , June 11, 1997; 64 FR 46590 , Aug. 26, 1999; 65 FR 38699 , June 21, 2000; 65 FR 57742 , 57743 , Sept. 26, 2000; 76 FR 43214 , July 20, 2011] § 61.49 Supporting information to be submitted with letters of transmittal for tariffs of carriers subject to price cap regulation. ( a ) Each price cap tariff filing must be accompanied by supporting materials sufficient to calculate required adjustments to each PCI, API, and SBI pursuant to the methodologies provided in §§ 61.45 , 61.46 , and 61.47 , as applicable. ( b ) Each price cap tariff filing that proposes rates that are within applicable bands established pursuant to § 61.47 , and that results in an API value that is equal to or less than the applicable PCI value, must be accompanied by supporting materials sufficient to establish compliance with the applicable bands, and to calculate the necessary adjustment to the affected APIs and SBIs pursuant to §§ 61.46 and 61.47 , respectively. ( c ) Each price cap tariff filing that proposes rates above the applicable band limits established in §§ 61.47 (e) must be accompanied by supporting materials establishing substantial cause for the proposed rates. ( d ) Each price cap tariff filing that proposes rates that will result in an API value that exceeds the applicable PCI value must be accompanied by: ( 1 ) An explanation of the manner in which all costs have been allocated among baskets; and ( 2 ) Within the affected basket, a cost assignment slowing down to the lowest possible level of disaggregation, including a detailed explanation of the reasons for the prices of all rate elements to which costs are not assigned. ( e ) Each price cap tariff filing that proposes restructuring of existing rates must be accompanied by supporting materials sufficient to make the adjustments to each affected API and SBI required by §§ 61.46(c) and 61.47(d), respectively. ( f ) ( 1 ) [Reserved] ( 2 ) Each tariff filing submitted by a price cap local exchange carrier that introduces a new loop-based service, as defined in § 61.3(pp) of this part —including a restructured unbundled basic service element (BSE), as defined in § 69.2(mm) of this chapter , that constitutes a new loop-based service—that is or will later be included in a basket, must be accompanied by cost data sufficient to establish that the new loop-based service or unbundled BSE will not recover more than a just and reasonable portion of the carrier's overhead costs. ( 3 ) A price cap local exchange carrier may submit without cost data any tariff filings that introduce new services, other than loop-based services. ( 4 ) A price cap local exchange carrier that has removed its corridor or interstate ntraLATA toll services from its interexchange basket pursuant to § 61.42(d)(4)(ii) , may submit its tariff filings for corridor or interstate intraLATA toll services without cost data. ( g ) Each tariff filing submitted by a price cap local exchange carrier that introduces a new loop-based service or a restructured unbundled basic service element (BSE), as defined in § 69.2(mm) of this chapter , that is or will later be included in a basket, or that introduces or changes the rates for connection charge subelements for expanded interconnection, as defined in § 69.121 of this chapter , must also be accompanied by: ( 1 ) The following, including complete explanations of the bases for the estimates. ( i ) A study containing a projection of costs for a representative 12 month period; and ( ii ) Estimates of the effect of the new tariff on the traffic and revenues from the service to which the new tariff applies, the carrier's other service classifications, and the carrier's overall traffic and revenues. These estimates must include the projected effects on the traffic and revenues for the same representative 12 month period used in paragraph (g)(1)(i) of this section. ( 2 ) Working papers and statistical data. ( i ) Concurrently with the filing of any tariff change or tariff filing for a service not previously offered, the issuing carriers must file the working papers containing the information underlying the data supplied in response to paragraph (h)(1) of this section, and a clear explanation of how the working papers relate to that information. ( ii ) All statistical studies must be submitted and supported in the form prescribed in § 1.363 of the Commission's rules. ( h ) Each tariff filing submitted by a price cap local exchange carrier that introduces or changes the rates for connection charge subelements for expanded interconnection, as defined in § 69.121 of this chapter , must be accompanied by cost data sufficient to establish that such charges will not recover more than a just and reasonable portion of the carrier's overhead costs. ( i ) [Reserved] ( j ) For a tariff that introduces a system of density pricing zones, as described in § 69.123 of this chapter , the carrier must, before filing its tariff, submit a density pricing zone plan including, inter alia, documentation sufficient to establish that the system of zones reasonably reflects cost-related characteristics, such as the density of total interstate traffic in central offices located in the respective zones, and receive approval of its proposed plan. ( k ) [Reserved] ( l ) On each page of cost support material submitted pursuant to this section, the issuing carrier shall indicate the transmittal number under which that page was submitted. [ 54 FR 19843 , May 8, 1989] Editorial Note Editorial Note: For Federal Register citations affecting § 61.49 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 61.50 Regulation of business data services offered by rate-of-return carriers electing incentive regulation. ( a ) A rate-of-return carrier, as defined in § 51.903(g) of this chapter , may elect to offer its business data services subject to incentive regulation pursuant to this section. A rate-of-return carrier may elect to offer business data services subject to incentive regulation pursuant to this section only if all affiliated rate-of-return carriers meeting the requirements of paragraph (b) of this section make the election. A carrier's election under this section is irrevocable. ( b ) A rate-of-return carrier is eligible to elect incentive regulation for its business data services if the carrier: ( 1 ) Receives universal service payments pursuant to the Alternative-Connect America Cost Model pursuant to § 54.311 of this chapter ; ( 2 ) Is an affiliate of a price cap local exchange carrier operating pursuant to a waiver of § 61.41 ; ( 3 ) Receives universal service payments pursuant to § 54.306 of this chapter ; or ( 4 ) Transitions away from legacy support mechanisms in the future. ( c ) A rate-of-return carrier electing to offer business data services pursuant to this section shall employ the procedures outlined in §§ 61.42 through 61.49 to calculate rates for its business data services and adjust its indexes for those rates to the extent those sections are applicable to business data services, except that: ( 1 ) Exogenous costs associated with regulated services shall be allocated to business data services based on relative regulated business data services revenues, compared to regulated revenues and related support receipts; and ( 2 ) An electing carrier is not required to file a short form tariff review plan as required by § 61.49(k) . ( d ) A rate-of-return carrier electing to offer business data services pursuant to this section must remove its business data services from the NECA Traffic Sensitive Pool. Such a carrier may continue to participate in the NECA Traffic Sensitive Pool and tariff for access services other than business data services. ( e ) A rate-of-return carrier offering business data services pursuant to this section may offer those business data services at different rates in different study areas. ( f ) A rate-of-return carrier offering business data services pursuant to this section may make a low-end adjustment pursuant to § 61.45(d)(1)(vii) unless it: ( 1 ) Exercises the regulatory relief pursuant to paragraph (g) of this section in any part of its service region; or ( 2 ) Exercises the option to use Generally Accepted Accounting Principles rather than the part 32 Uniform System of Accounts pursuant to § 32.11(g) of this chapter . ( g ) A rate-of-return carrier electing to offer business data services pursuant to this section may offer time division multiplexed transport and end user channel termination services at or below a DS3 bandwidth that include: ( 1 ) Volume and term discounts; ( 2 ) Contract-based tariffs, provided that: ( i ) Contract-based tariff services are made generally available to all similarly situated customers; and ( ii ) The rate-of-return carrier excludes all contract-based tariff offerings from incentive regulation; and ( 3 ) The ability to file tariff revisions on at least one day's notice, notwithstanding the notice requirements for tariff filings specified in § 61.58 . ( h ) A rate-of-return carrier electing to offer business data services pursuant to this section shall comply with the requirements of § 69.805 of this chapter in its study areas deemed non-competitive pursuant to this section. ( i ) The regulation of other services offered by a carrier that offers business data services pursuant to this section shall not be modified as a result of the requirements of this section. ( j ) ( 1 ) The Wireline Competition Bureau will conduct an initial competitive market test for rate-of-return carriers eligible to elect incentive regulation pursuant to this section. Study areas of such carriers will be deemed competitive if 75 percent of the census blocks within the study area are reported to have a minimum of 10 Mbps download and 1 Mbps upload broadband service offered by a cable operator based on the most current publicly available Form 477 data. A list of study areas deemed competitive by the competitive market test will be published on the Commission's website. ( 2 ) The Wireline Competition Bureau will conduct subsequent competitive market tests for rate-of-return carriers electing incentive regulation pursuant to this section contemporaneously with the subsequent tests mandated by § 69.803 of this chapter for price cap carriers. ( 3 ) A study area of an electing carrier deemed competitive by the competitive market test will retain its status in subsequent tests. ( k ) ( 1 ) Packet-based and time division multiplexed business data services above a DS3 bandwidth offered by a rate-of-return carrier pursuant to this section shall not be subject to ex ante pricing regulation. ( 2 ) Time division multiplexed end user channel termination business data services at or below a DS3 bandwidth offered by a rate-of-return carrier pursuant to this section in study areas deemed competitive by the competitive market test shall not be subject to ex ante pricing regulation. ( 3 ) A rate-of-return carrier electing incentive regulation for its business data services must detariff: ( i ) All packet-based and time division multiplexed business data services above a DS3 bandwidth within thirty-six months after the effective date of its election of incentive regulation; and ( ii ) All time division multiplexed end user channel termination business data services at or below a DS3 bandwidth in any study area deemed competitive by the competitive market test within thirty-six months after such services shall be deemed competitive in a study area. ( l ) ( 1 ) A rate-of-return carrier electing incentive regulation for its business data services effective July 1, 2019 must notify the Chief of the Wireline Competition Bureau of its election by May 1, 2019 for it to become effective concurrent with the annual access tariff filing in 2019. ( 2 ) A rate-of-return carrier electing incentive regulation for its business data services effective July 1, 2020 must notify the Chief of the Wireline Competition Bureau of its election by May 1, 2020 for it to become effective concurrent with the annual access tariff filing in 2020. ( 3 ) A rate-of-return carrier accepting future offers of Alternative-Connect America Cost Model support or otherwise transitioning away from legacy support mechanisms and electing incentive regulation for its business data services must notify the Chief of the Wireline Competition Bureau of its election by May 1 following its acceptance of the offer for it to become effective concurrent with that year's annual access tariff filing. [ 83 FR 67122 , Dec. 28, 2018] Subpart F—Formatting and Notice Requirements for Tariff Publications Source: 76 FR 43215 , July 20, 2011, unless otherwise noted. § 61.51 Scope. The rules in this subpart apply to tariffs filed by issuing carriers, with the exception of the informational tariffs filed pursuant to 47 U.S.C. 226(h)(1)(A) , unless otherwise noted. [ 76 FR 43215 , July 20, 2011] § 61.52 Form, size, type, legibility, etc. ( a ) Pages of tariffs must be numbered consecutively and designated as “Original title page,” “Original page 1,” “Original page 2,” etc. ( 1 ) All such pages must show, in the upper left-hand corner the name of the issuing carrier; in the upper right-hand corner the FCC number of the tariff, with the page designation directly below; in the lower left-hand corner the issued date; in the lower right-hand corner the effective date; and at the bottom, center, the street address of the issuing officer. The carrier must also specify the issuing officer's title either at the bottom center of all tariff pages, or on the title page and check sheet only. ( 2 ) As an alternative, the issuing carrier may show in the upper left-hand corner the name of the issuing carrier, the title and street address of the issuing officer, and the issued date; and in the upper right-hand corner the FCC number of the tariff, with the page designation directly below, and the effective date. The carrier must specify the issuing officer's title in the upper left-hand corner of either all tariff pages, or on the title page and check sheet only. A carrier electing to place the information at the top of the page should annotate the bottom of each page to indicate the end of the material, e.g., a line, or the term “Printed in USA,” or “End”. ( 3 ) Only one format may be employed in a tariff publication. ( b ) All issuing carriers shall file all tariff publications and associated documents, such as transmittal letters, requests for special permission, and supporting information, electronically in accordance with the requirements set forth in §§ 61.13 through 61.17 . [ 49 FR 40869 , Oct. 18, 1984, as amended at 58 FR 44906 , Aug. 25, 1993; 62 FR 5778 , Feb. 7, 1997; 63 FR 35541 , June 30, 1998; 76 FR 43215 , July 20, 2011] § 61.54 Composition of tariffs. ( a ) Tariffs must contain in consecutive order: A title page; check sheet; table of contents; list of concurring, connecting, and other participating carriers; explanation of symbols and abbreviations; application of tariff; general rules (including definitions), regulations, exceptions and conditions; and rates. If the issuing carrier elects to add a section assisting in the use of the tariff, it should be placed immediately after the table of contents. ( b ) The title page of every tarif_f and supplement must show: ( 1 ) FCC number, indication of cancellations. In the upper right-hand corner, the designation of the tariff or supplement as “FCC No. ____,” or “Supplement No. ____ to FCC No. ____,” and immediately below, the FCC number or numbers of tariffs or supplements cancelled thereby. ( 2 ) Name of carrier, class of service, geographical application, means of transmission. The exact name of the carrier, and such other information as may be necessary to identify the carrier issuing the tariff publication; a brief statement showing each class of service provided; the geographical application; and the type of facilities used to provide service. ( 3 ) Expiration date. Subject to § 61.59 , when the entire tariff or supplement is to expire with a fixed date, the expiration date must be shown in connection with the effective date in the following manner. Changes in expiration date must be made pursuant to the notice requirements of § 61.58 , unless otherwise authorized by the Commission. Expires at the end of __ (date) unless sooner canceled, changed, or extended. ( 4 ) Title and address of issuing officer. The title and street address of the officer issuing the tariff or supplement in the format specified in § 61.52 . ( 5 ) Revised title page. When a revised title page is issued, the following notation must be shown in connection with its effective date: Original tariff _effective __________ (here show the effective date of the original tariff). ( c ) ( 1 ) ( i ) The page immediately following the title page must be designated as “Original page 1” and captioned “Check Sheet.” When the original tariff is filed, the check sheet must show the number of pages contained in the tariff. For example, “Page 1 to 150, inclusive, of this tariff are effective as of the date shown.” When new pages are added, they must be numbered in continuing sequence, and designated as “Original page ____ .” For example, when the original tariff filed has 150 pages, the first page added after page 150 is to be designated as “Original page 151,” and the foregoing notation must be revised to include the added pages. ( ii ) Alternatively, the carrier is permitted to number its tariff pages, other than the check sheet, to reflect the section number of the tariff as well as the page. For example, under this system, pages in section 1 of the tariff would be numbered 1-1, 1-2, etc., and pages in section 2 of the tariff would be numbered 2-1, 2-2, etc. Issuing carriers shall utilize only one page numbering system throughout its tariff. ( 2 ) If pages are to be inserted between numbered pages, each such page must be designated as an original page and must bear the number of the immediately preceding page followed by an alpha or numeric suffix. For example, when two new pages are to be inserted between pages 44 and 45 of the tariff, the first inserted page must be designated as Original page 44A or 44.1 and the second inserted page as Original page 44B or 44.2. Issuing carriers may not utilize both the alpha and numeric systems in the same publication. ( 3 ) ( i ) When pages are revised, when new pages (including pages with letter or numeric suffix as set forth above) are added to the tariff, or when supplements are issued, the check sheet must be revised accordingly. Revised check sheets must indicate with an asterisk the specific pages added or revised. In addition to the notation in (1), the check sheet must list, under the heading “The original and revised pages named below (and Supplement No. ____) contain all changes from the original tariff that are in effect on the date shown,” all original pages in numerical order that have been added to the tariff and the pages which have been revised, including the revision number. For example: Page Number of revision except as indicated Title 1st 1 *8th 3 5th 5A *Orig. 10 *8th 151 Orig. *New or Revised page. ( ii ) On each page, the carrier shall indicate the transmittal number under which that page was submitted. ( 4 ) Changes in, and additions to tariffs must be made by reprinting the page upon which a change or addition is made. Such changed page is to be designated as a revised page, cancelling the page which it amends. For example, “First revised page 1 cancels original page 1,” or “Second revised page 2 cancels first revised page 2,” etc. When a revised page omits rates or regulations previously published on the page which it cancels, but such rates or regulations are published on another page, the revised page must make specific reference to the page on which the rates or regulations will be found. This reference must be accomplished by inserting a sentence at the bottom of the revised page that states “Certain rates (or regulations) previously found on this page can now be found on page ___.” In addition, the page on which the omitted material now appears must bear the appropriate symbol opposite such material, and make specific reference to the page from which the rates or regulations were transferred. This reference must be accomplished by inserting a sentence at the bottom of the other page that states “Certain rates (or regulations) on this page formerly appeared on page ____.” ( 5 ) Rejected pages must be treated as indicated in § 61.69 . ( d ) Table of contents. The table of contents must contain a full and complete statement showing the exact location and specifying the page or section and page numbers, where information by subjects under general headings will be found. If a tariff contains so small a volume of matter that its title page or its interior arrangement plainly discloses its contents, the table of contents may be omitted. ( e ) Tariff User's guide. At its option, a carrier may include a section explaining how to use the tariff. ( f ) List of concurring carriers. This list must contain the exact name or names of carriers concurring in the tariff, alphabetically arranged, and the name of the city or town in which the principal office of every such carrier is located. If there are no concurring carriers, then the statement “no concurring carriers” must be made at the place where the names of the concurring carriers would otherwise appear. If the concurring carriers are numerous, their names may be stated in alphabetical order in a separate tariff filed with the Commission by the issuing carrier. Specific reference to such separate tariff by FCC number must be made in the tariff at the place where such names would otherwise appear. ( g ) List of connecting carriers. This list must contain the exact name or names of connecting carriers, alphabetically arranged, for which rates or regulations are published in the tariff, and the name of the city or town in which the principal office of every such carrier is located. If there are no connecting carriers, then the statement “no connecting carriers” must be made at the place where their names would otherwise appear. If connecting carriers are numerous, their names may be stated in alphabetical order in a separate tariff filed with the Commission by the issuing carrier. Specific reference to such separate tariff by FCC number must be made in the tariff at the place where such names would otherwise appear. ( h ) List of other participating carriers. This list must contain the exact name of every other carrier subject to the Act engaging or participating in the communication service to which the tariff or supplement applies, together with the name of the city or town in which the principal office of such carrier is located. If there is no such other carrier, then the statement “no participating carriers” must be made at the place where the names of such other carriers would otherwise appear. If such other carriers are numerous, their names may be stated in alphabetical order in a separate tariff filed with the Commission by the issuing carrier. Specific reference must be made in the tariff at the place where such names would otherwise appear. The names of concurring and connecting carriers properly listed in a tariff published by any other participating carrier need not be repeated in this list. ( i ) ( 1 ) Symbols, reference marks, abbreviations. The tariff must contain an explanation of symbols, reference marks, and abbreviations of technical terms used. The following symbols used in tariffs are reserved for the purposes indicated below: R to signify reduction. I to signify increase. C to signify changed regulation. T to signify a change in text but no change in rate or regulation. S to signify reissued matter. M to signify matter relocated without change. N to signify new rate or regulation. D to signify discontinued rate or regulation. Z to signify a correction. ( 2 ) The uniform symbols must be used as follows. ( i ) When a change of the same character is made in all or in substantially all matter in a tariff, it may be indicated at the top of the title page of the tariff or at the top of each affected page, in the following manner: “All rates in this tariff are increases,” or, “All rates on this page are reductions, except as otherwise indicated.” ( ii ) When a change of the same character is made in all or substantially all matters on a page or supplement, it may be indiated at the top of the page or supplement in the following manner: All rates on this page (or supplement) are increases,” or, “All rates on this page (or supplement) are reductions except as otherwise indicated.” ( 3 ) Items which have not been in effect 30 days when brought forward on revised pages must be shown as reissued, in the manner prescribed in § 61.54(i)(1) . The number and original effective date of the tariff publication in which the matter was originally published must be associated with the reissued matter. Items which have been in effect 30 days or more and are brought forward without change on revised pages must not be shown as reissued items. ( j ) Rates and general rules, regulations, exceptions and conditions. The general rules (including definitions), regulations, exceptions, and conditions which govern the tariff must be stated clearly and definitely. All general rules, regulations, exceptions or conditions which in any way affect the rates named in the tariff must be specified. A special rule, regulation, exception or condition affecting a particular item or rate must be specifically referred to in connection with such item or rate. Rates must be expressed in United States currency, per chargeable unit of service for all communication services, together with a list of all points of service to and from which the rates apply. They must be arranged in a simple and systematic manner. Complicated or ambiguous terminology may not be used, and no rate, rule, regulation, exception or condition shall be included which in any way attempts to substitute a rate, rule, regulation, exception or condition named in any other tariff. ( k ) References to other tariffs. Notwithstanding any other provisions in this section, tariff publications filed by a carrier may reference other tariff publications filed by that carrier or its affiliates. [ 49 FR 40869 , Oct. 18, 1984, as amended at 64 FR 46591 , Aug. 26, 1999; 84 FR 65016 , Nov. 26, 2019] § 61.55 Contract-based tariffs. ( a ) This section shall apply to price cap local exchange carriers permitted to offer contract-based tariffs under § 1.776 or § 69.805 of this chapter , as well as to the offering of business data services by rate-of-return carriers pursuant to § 61.50 . ( b ) Composition of contract-based tariffs shall comply with §§ 61.54(b) through (i) . ( c ) Contract-based tariffs shall include the following: ( 1 ) The term of contract, including any renewal options; ( 2 ) A brief description of each of the services provided under the contract; ( 3 ) Minimum volume commitments for each service; ( 4 ) The contract price for each service or services at the volume levels committed to by the customers; ( 5 ) A general description of any volume discounts built into the contract rate structure; and ( 6 ) A general description of other classifications, practices, and regulations affecting the contract rate. [ 64 FR 51266 , Sept. 22, 1999, as amended at 76 FR 43216 , July 20, 2011; 82 FR 25711 , June 2, 2017; 83 FR 67123 , Dec. 28, 2018] § 61.58 Notice requirements. ( a ) Every proposed tariff filing must bear an effective date and, except as otherwise provided by regulation, special permission, or Commission order, must be made on at least the number of days notice specified in this section. ( 1 ) Notice is accomplished by filing the proposed tariff changes with the Commission. Any period of notice specified in this section begins on and includes the date the tariff is received by the Commission, but does not include the effective date. If a tariff filing proposes changes governed by more than one of the notice periods listed below, the longest notice period will apply. In computing the notice period required, all days including Sundays and holidays must be counted. ( 2 ) ( i ) Local exchange carriers may file tariffs pursuant to the streamlined tariff filing provisions of section 204(a)(3) of the Communications Act. Such a tariff may be filed on 7 days' notice if it proposes only rate decreases. Any other tariff filed pursuant to section 204(a)(3) of the Communications Act, including those that propose a rate increase or any change in terms and conditions, shall be filed on 15 days' notice. Any tariff filing made pursuant to section 204(a)(3) of the Communications Act must comply with the applicable cost support requirements specified in this part. ( ii ) Local exchange carriers may elect not to file tariffs pursuant to section 204(a)(3) of the Communications Act. For dominant carriers, any such tariffs shall be filed on at least 16 days' notice. For nondominant carriers, any such tariffs shall be filed on at least one days' notice. ( iii ) Except for tariffs filed pursuant to section 204(a)(3) of the Communications Act, the Chief, Wireline Competition Bureau, may require the deferral of the effective date of any filing made on less than 120 days' notice, so as to provide for a maximum of 120 days' notice, or of such other maximum period of notice permitted by section 203(b) of the Communications Act, regardless of whether petitions under § 1.773 of this chapter have been filed. ( 3 ) Tariff filings proposing corrections or voluntarily deferring the effective date of a pending tariff revision must be made on at least 3 days' notice, and may be filed notwithstanding the provisions of § 61.59 . Corrections to tariff materials not yet effective cannot take effect before the effective date of the original material. Deferrals must take effect on or before the current effective date of the pending tariff revisions being deferred. ( 4 ) This subsection applies only to dominant carriers. If the tariff publication would increase any rate or charge, or would effectuate and authorized discountinuance, reduction or other impairment of service to any customer, the offering carrier must inform the affected customers of the content of the tariff publication. Such notification should be made in a form appropriate to the circumstance, and may include written notification, personal contact, or advertising in newspapers of general circulation. ( b ) Tariffs for new services filed by price cap local exchange carriers shall be filed on at least one day's notice. ( c ) Contract-based tariffs filed by price cap local exchange carriers pursuant to § 69.727(a) of this chapter shall be filed on at least one day's notice. ( d ) ( 1 ) A price cap local exchange carrier that is filing a tariff revision to remove its corridor or interstate intraLATA toll services from its interexchange basket pursuant to § 61.42(d)(4)(ii) shall submit such filing on at least fifteen days' notice. ( 2 ) A price cap local exchange carrier that has removed its corridor and interstate intraLATA toll services from its interexchange basket pursuant to § 61.42(d)(4)(ii) shall file subsequent tariff filings for corridor or interstate intraLATA toll services on at least one day's notice. ( e ) Non-price cap local exchange carriers and/or services. ( 1 ) Tariff filings in the instances specified in paragraphs (e)(1) (i) , (ii) , and (iii) of this section by dominant carriers must be made on at least 15 days' notice. ( i ) Tariffs filed in the first instance by new carriers. ( ii ) Tariffs filings involving new rates and regulations not previously filed at, from, to or via points on new lines; at, from to or via new radio facilities; or for new points of radio communication. ( iii ) Tariff filings involving a change in the name of a carrier, a change in Vertical or Horizontal coordinates (or other means used to determine airline mileages), a change in the lists of mileages, a change in the lists of connecting, concurring or other participating carriers, text changes, or the imposition of termination charges calculated from effective tariff provisions. The imposition of termination charges does not include the initial filing of termination liability provisions. ( 2 ) Tariff filings involving a change in rate structure, a new offering, or a rate increase must be made on at least 45 days' notice. ( 3 ) Alascom, Inc. shall file its annual tariff revisions for its Common Carrier Services (Alascom Tariff F.C.C No. 11) on at least 35 days' notice. ( 4 ) All tariff filings not specifically assigned a different period of public notice in this part must be made on at least 35 days' notice. ( f ) All tariff filings of domestic and international non-dominant carriers must be made on at least one days' notice. [ 49 FR 40869 , Oct. 18, 1984, as amended at 54 FR 19844 , May 8, 1989; 55 FR 42384 , Oct. 19, 1990; 56 FR 1500 , Jan. 15, 1991; 56 FR 5956 , Feb. 14, 1991; 56 FR 55239 , Oct. 25, 1991; 58 FR 36149 , July 6, 1993; 59 FR 10304 , Mar. 4, 1994; 62 FR 5778 , Feb. 7, 1997; 64 FR 46591 , Aug. 26, 1999; 64 FR 51266 , Sept. 22, 1999; 67 FR 13228 , Mar. 21, 2002; 76 FR 43216 , July 20, 2011] § 61.59 Effective period required before changes. ( a ) Except as provided in § 61.58(a)(3) or except as otherwise authorized by the Commission, new rates or regulations must be effective for at least 30 days before a dominant carrier will be permitted to make any change. ( b ) Changes to rates and regulations for dominant carriers that have not yet become effective, i.e., are pending, may not be made unless the effective date of the proposed changes is at least 30 days after the scheduled effective date of the pending revisions. ( c ) Changes to rates and regulations for dominant carriers that have taken effect but have not been in effect for at least 30 days may not be made unless the scheduled effective date of the proposed changes is at least 30 days after the effective date of the existing regulations. [ 64 FR 46592 , Aug. 26, 1999, as amended at 76 FR 43216 , July 20, 2011] Subpart G—Specific Rules for Tariff Publications of Dominant and Nondominant Carriers Source: 49 FR 40869 , Oct. 18, 1984, unless otherwise noted. Redesignated at 76 FR 43215 , July 20, 2011. § 61.66 Scope. The rules in this subpart apply to all issuing carriers, unless otherwise noted. [ 76 FR 43216 , July 20, 2011] § 61.68 Special notations. ( a ) Any tariff filing made pursuant to an Application for Special Permission, Commission decision or order must contain the following statement: Issued under authority of (specific reference to the special permission, Commission decision, or order) of the Commission. ( b ) When a portion of any tariff publication is issued in order to comply with the Commission order, the following notation must be associated with that portion of the tariff publication: In compliance with the order of the Federal Communications Commission in _ (a specific citation to the applicable order should be made). [ 49 FR 40869 , Oct. 18, 1984, as amended at 76 FR 43216 , July 20, 2011] § 61.69 Rejection. When a tariff publication is rejected by the Commission, its number may not be used again. This includes, but is not limited to, such publications as tariff numbers or specific page revision numbers. The rejected tariff publication may not be referred to as either cancelled or revised. Within five business days of the release date of the Commission's Order rejecting such tariff publication, the issuing carrier shall file tariff revisions removing the rejected material, unless the Commission's Order establishes a different date for this filing. The publication that is subsequently issued in lieu of the rejected tariff publication must bear the notation: In lieu of __, rejected by the Federal Communications Commission. [ 64 FR 46592 , Aug. 26, 1999] § 61.72 Public information requirements. ( a ) Issuing carriers must make available accurate and timely information pertaining to rates and regulations subject to tariff filing requirements. ( b ) Issuing carriers must, at a minimum, provide a telephone number for public inquiries about information contained in its tariffs. This telephone number should be made readily available to all interested parties. ( c ) Any issuing carrier that is an incumbent local exchange carrier, and chooses to establish an Internet web site, must make its tariffs available on that web site, in addition to the Commission's web site. [ 64 FR 46592 , Aug. 26, 1999] § 61.73 Duplication of rates or regulations. A carrier concurring in schedules of another carrier must not publish conflicting or duplicative rates or regulations. § 61.74 References to other instruments. ( a ) Except as otherwise provided in this and other sections of this part, no tariff publication filed with the Commission may make reference to any other tariff publication or to any other document or instrument. ( b ) Tariff publications filed by a carrier may reference other tariff publications filed by that carrier or its affiliates. ( c ) Tariffs for end-on-end through services may reference the tariffs of other carriers participating in the offering. ( d ) Tariffs may reference concurrences for the purpose of starting where rates or regulations applicable to a service not governed by the tariff may be found. ( e ) Tariffs may reference other FCC tariffs that are in effect and on file with the Commission for purposes of determining mileage, or specifying the operating centers at which a specific service is available. ( f ) Tariffs may reference technical publications which describe the engineering, specifications, or other technical aspects of a service offering, provided the following conditions are satisfied: ( 1 ) The tariff must contain a general description of the service offering, including basic parameters and structural elements of the offering; ( 2 ) The technical publication includes no rates, regulatory terms, or conditions which are required to be contained in the tariff, and any revisions to the technical publication do not affect rates, regulatory terms, or conditions included in the tariff, and do not change the basic nature of the offering; ( 3 ) The tariff indicates where the technical publication can be obtained; ( 4 ) The referenced technical publication is publicly available before the tariff is scheduled to take effect; and ( 5 ) The issuing carrier regularly revises its tariff to refer to the current edition of the referenced technical publication. [ 49 FR 40869 , Oct. 18, 1984, as amended at 61 FR 59366 , Nov. 22, 1996; 64 FR 46592 , Aug. 26, 1999; 66 FR 16881 , Mar. 28, 2001; 84 FR 65016 , Nov. 26, 2019] § 61.83 Consecutive numbering. Issuing carriers should file tariff publications under consecutive FCC numbers. If this cannot be done, a memorandum containing an explanation of the missing number or numbers must be submitted. Supplements to a tariff must be numbered consecutively in a separate series. [ 76 FR 43216 , July 20, 2011] § 61.86 Supplements. An issuing carrier may not file a supplement except to suspend or cancel a tariff publication, or to defer the effective date of pending tariff revisions. A carrier may file a supplement for the voluntary deferral of a tariff publication. [ 76 FR 43216 , July 20, 2011] § 61.87 Cancellation of tariffs. ( a ) An issuing carrier may cancel an entire tariff. Cancellation of a tariff automatically cancels every page and supplement to that tariff except for the canceling Title Page or first page. ( 1 ) If the existing service(s) will be provided under another carrier's tariff, then ( i ) The issuing carrier whose tariff is being canceled must revise the Title Page or the first page of its tariff indicating that the tariff is no longer effective, or ( ii ) The issuing carrier under whose tariff the service(s) will be provided must revise the Title Page or first page of the tariff to be canceled, using the name and numbering shown in the heading of the tariff to be canceled, indicating that the tariff is no longer effective. This carrier must also file with the Commission the new tariff provisions reflecting the service(s) being canceled. Both filings must be effective on the same date and may be filed under the same transmittal. ( 2 ) If a carrier canceling its tariff intends to cease to provide existing service, then it must revise the Title Page or first page of its tariff indicating that the tariff is no longer effective. ( 3 ) A carrier canceling its tariff, as described in this section, must comply with §§ 61.54(b)(1) and 61.54(b)(5) , as applicable. ( b ) When a carrier cancels a tariff as described in this section, the canceling Title Page or the first page of the canceled tariff must show where all rates and regulations will be found except for paragraph (c) of this section. The Title Page or first page of the new tariff must indicate the name of the carrier and tariff number where the canceled material had been found. ( c ) When a carrier ceases to provide service(s) without a successor, it must cancel its tariff pursuant to the notice requirements of § 61.58 , as applicable, unless otherwise authorized by the Commission. [ 64 FR 46591 , Aug. 26, 1999, as amended at 76 FR 43216 , July 20, 2011] Subpart H—Concurrences Source: 49 FR 40869 , Oct. 18, 1984, unless otherwise noted. Redesignated at 76 FR 43215 , July 20, 2011. § 61.131 Scope. Sections 61.132 through 61.136 apply to a carrier which must file concurrences reflecting rates and regulations for through service provided in conjunction with other carriers and to a carrier which has chosen, as an alternative to publishing its own tariff, to arrange concurrence in an effective tariff of another carrier. Limited or partial concurrences will not be permitted. § 61.132 Method of filing concurrences. A carrier proposing to concur in another carrier's effective tariff must deliver one copy of the concurrence to the issuing carrier in whose favor the concurrence is issued. The concurrence must be signed by an officer or agent of the carrier executing the concurrence, and must be numbered consecutively in a separate series from its FCC tariff numbers. At the same time the issuing carrier revises its tariff to reflect such a concurrence, it must file one copy of the concurrence electronically with the Commission in accordance with the requirements set forth in § 61.13 through § 61.17 . The concurrence must bear the same effective date as the date of the tariff filing reflecting the concurrence. Carriers shall file revisions reflecting concurrences in their tariffs on the notice period specified in § 61.58 . [ 76 FR 43216 , July 20, 2011] § 61.133 Format of concurrences. ( a ) Concurrences must be issued in the following format: Concurrence F.C.C. Concurrence No. ____ (Cancels F.C.C. Concurrence No. __ (Name of Carrier ______) (Post Office Address ______) (Date) ___________ 19__. Secretary, Federal Communications Commission, Washington, D.C. 20554. This is to report that (name of concurring carrier) assents to and concurs in the tariffs described below. (Name of concurring carrier) thus makes itself a party to these tariffs and obligates itself (and its connecting carriers) to observe every provision in them, until a notice of revocation is filed with the Commission and delivered to the issuing carrier. This concurrence applies to interstate (and foreign) communication: 1. Between the different points on the concurring carrier's own system; 2. Between all points on the concurring carrier's system and the systems of its connecting carriers; and 3. Between all points on the system of the concurring carrier and the systems of its connecting carriers on the one hand, and, on the other hand, all points on the system of the carrier issuing the tariff or tariffs listed below and the systems of its connecting carriers and other carriers with which through routes have been established. (Note: Any of the above numbered paragraphs may be omitted or the wording modified to state the points to which the concurrence applies.) Tariff (Here describe the tariff or tariffs concurred in by the carrier, specifying FCC number, title, date of issuance, and date effective. Example: A.B.C. Communications Company, Tariff FCC No. 1, Interstate Telegraph Message Service, Issued January 1, 1983, Effective April 1, 1983). Cancels FCC Concurrence No.___, effective ____________, 19__. (Name of concurring carrier) By (Title) ( b ) No material is to be included in a concurrence other than that indicated in the above-prescribed form, unless specially authorized by the Commission. A concurrence in any tariff so described will be deemed to include all amendments and successive issues which the issuing carrier may make and file. All such amendments and successive issues will be binding between customers and carriers. Between carriers themselves, however, the filing by the issuing carrier of an amendment or successive issue with the Commission must not imply or be construed to imply an agreement to the filing by concurring carriers. Such filings do not affect the contractual rights or remedies of any concurring carrier(s) which have not, by contract or otherwise, specifically consented in advance to such amendment or successive issue. § 61.134 Concurrences for through services. An issuing carrier filing rates or regulations for through services between points on its own system and points on another carrier's system (or systems), or between points on another carrier's system (or systems), must list all concurring, connecting or other participating carriers as provided in § 61.54 (f) , (g) and (h) . A concurring carrier must tender a properly executed instrument of concurrence to the issuing carrier. If rates and regulations of the other carriers engaging in the through service(s) are not specified in the issuing carrier's tariff, that tariff must state where the other carrier's rates and regulations can be found. Such reference(s) must contain the FCC number(s) of the referenced tariff publication(s), the exact name(s) of the carrier(s) issuing such tariff publication(s), and must clearly state how the rates and regulations in the separate publications apply. [ 76 FR 43216 , July 20, 2011] § 61.135 Concurrences for other purposes. When an issuing carrier permits another carrier to concur in its tariff, the issuing carrier's tariff must state the concurring carrier's rates and points of service. § 61.136 Revocation of concurrences. A concurrence may be revoked by a revocation notice or cancelled by a new concurrence. A revocation notice or a new concurrence, if less broad in scope than the concurrence it cancels, must bear an effective date not less than 45 days after its receipt by the Commission. A revocation notice is not given a serial number, but must specify the number of the concurrence to be revoked and the name of the carrier in whose favor the concurrence was issued. It must be in the following format: Revocation Notice (Name of carrier ____________) (Post office address ______________) (Date) ___________, 19__. Secretary, Federal Communications Commission, Washington, D.C. 20554. Effective _____________, 19__ FCC Concurrence No. __, issued by (Name of concurring carrier) in favor of (Name of issuing carrier) is hereby cancelled and revoked. Rates and regulations of (Name of concurring carrier) and its connecting carriers will thereafter be found in Tariff FCC No. __ issued by _________ (If the concurring carrier has ceased operations, the revocation notice must so indicate.) (Name of carrier) By (Title) Subpart I—Adoption of Tariffs and Other Documents of Predecessor Carriers § 61.171 Adoption notice. When a carrier's name is changed, or its operating control transferred from one carrier to another in whole or in part, the successor carrier must file tariff revisions to reflect the name change. The successor carrier may either immediately reissue the entire tariff in its own name, or immediately file an adoption notice. Within 35 days of filing an adoption notice, the successor must reissue the entire tariff in its own name. The reissued tariff must be numbered in the series of the successor carrier, and must contain all original pages without changes in regulations or rates. The transmittal letter must state the tariff is being filed to show a change in the carrier's name pursuant to § 61.171 of the Commission's Rules. The adoption notice, if used, must read as follows: The (Exact name of successor carrier or receiver) here adopts, ratifies and makes its own in every respect, all applicable tariffs and amendments filed with the Federal Communications Commission by (predecessor) prior to (date). § 61.172 Changes to be incorporated in tariffs of successor carrier. When only a portion of properties is transferred to a successor carrier, that carrier must incorporate in its tariff the rates applying locally between points on the transferred portion. Moreover, the predecessor carrier must simultaneously cancel the corresponding rates from its tariffs, and reference the FCC number of the successor carrier's tariff containing the rates that will thereafter apply. Subpart J—Suspensions § 61.191 Carrier to file supplement when notified of suspension. If an issuing carrier is notified by the Commission that its tariff publication has been suspended, the carrier must file, within five business days from the release date of the suspension order, a consecutively numbered supplement without an effective date, which specifies the schedules which have been suspended. [ 76 FR 43217 , July 20, 2011] § 61.192 Contents of supplement announcing suspension. ( a ) A supplement announcing a suspension by the Commission must specify the term of suspension imposed by the Commission. ( b ) A supplement announcing a suspension of either an entire tariff or a part of a tariff publication, must specify the applicable tariff publication effective during the period of suspension. § 61.193 Vacation of suspension order; supplements announcing same; etc. If the Commission vacates a suspension order, the affected carrier must issue a supplement or revised page stating the Commission's action as well as the lawful schedules. Subpart K—Detariffing of Business Data Services Source: 82 FR 25711 , June 2, 2017, unless otherwise noted. § 61.201 Detariffing of price cap local exchange carriers. ( a ) Price cap local exchange carriers shall remove from their interstate tariffs: ( 1 ) Any packet-based business data service; ( 2 ) Any circuit-based business data service above the DS3 bandwidth level; ( 3 ) Any transport services as defined in § 69.801(j) of this chapter ; ( 4 ) DS1 and DS3 end user channel terminations, and all other tariffed special access services, in any market deemed competitive as defined in § 69.801 ; and ( 5 ) DS1 and DS3 end user channel terminations, and all other tariffed special access services, in any grandfathered market as defined in § 69.801 for which the price cap local exchange carrier was granted Phase II pricing flexibility prior to June 2017. ( b ) The detariffing must be completed thirty-six months after August 1, 2017, but detariffing can take place at any time before the thirty-six months is completed. [ 82 FR 25711 , June 2, 2017, as amended at 84 FR 38579 , Aug. 7, 2019] § 61.203 Detariffing of competitive local exchange carriers. ( a ) Competitive local exchange carriers shall remove all business data services from their interstate tariffs. ( b ) The detariffing must be completed by August 1, 2020. [ 82 FR 25711 , June 2, 2017, as amended at 84 FR 38579 , Aug. 7, 2019]
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PART 101—FIXED MICROWAVE SERVICES Authority: 47 U.S.C. 154 , 303 . Source: 61 FR 26677 , May 28, 1996, unless otherwise noted. Subpart A—General § 101.1 Scope and authority. ( a ) Part 1 of the Commission's rules contains the general rules of practice and procedure applicable to proceedings before the Commission and for the filing of applications for radio station licenses in the fixed microwave services. ( b ) The purpose of the rules in this part is to prescribe the manner in which portions of the radio spectrum may be made available for private operational, common carrier, 24 GHz Service and Local Multipoint Distribution Service fixed, microwave operations that require transmitting facilities on land or in specified offshore coastal areas within the continental shelf. ( c ) The rules in this part are issued pursuant to the authority contained in Titles I through III of the Communications Act of 1934, as amended, which vest authority in the Federal Communications Commission to regulate common carriers of interstate and foreign communications, to regulate radio transmissions and issue licenses for radio stations, and to regulate all interstate and foreign communications by wire and radio necessary to the accomplishment of the purposes of the Act. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23163 , Apr. 29, 1997; 63 FR 68981 , Dec. 14, 1998; 65 FR 59357 , Oct. 5, 2000] § 101.3 Definitions. As used in this part: 24 GHz Service. A fixed point-to-point, point-to-multipoint, and multipoint-to-multipoint radio system in the 24.25-24.45 GHz band and in the 25.05-25.25 GHz band consisting of a fixed main (nodal) station and a number of fixed user terminals. This service may encompass any digital fixed service. Antenna power gain. The ratio of the maximum radiation intensity to that of an isotropic (omnidirectional) radiator in the far field of its main (forward direction) lobe. Antenna power input. The radio frequency peak or RMS power, as the case may be, supplied to the antenna from the antenna transmission line and its associated impedance matching network. Antenna structure. The antenna, its supporting structure and anything attached to it. Assigned frequency. The center of the frequency band assigned to a station. Assigned frequency bandwidth. The frequency band within which the emission of a station is authorized; the width of the band equals the necessary bandwidth plus twice the absolute value of the frequency tolerance. Authorized bandwidth. The maximum bandwidth authorized to be used by a station as specified in the station license. (See § 2.202 of this chapter ) Authorized frequency. The frequency, or frequency range, assigned to a station by the Commission and specified in the instrument of authorization. Authorized power. The maximum power a station is permitted to use. This power is specified by the Commission in the station's authorization. Automatic Transmitter Power Control (ATPC). ATPC is a feature of a digital microwave radio system that adjusts the transmitter output power. ATPC allows the transmitter to operate at less than maximum power for most of the time. In a radio employing ATPC, the transmit power is reduced during normal operation conditions. When the receiver detects a reduction in signal level, a control signal is sent to the far end transmitter, instructing it to increase the power output to compensate for the signal reduction. The power output is limited to the licensed (maximum) transmit power. Guidelines for use of ATPC are set forth in the TIA Telecommunications Systems Bulletin TSB 10, “Interference Criteria for Microwave Systems (TSB 10).” Bandwidth occupied by an emission. The band of frequencies comprising 99 percent of the total radiated power extended to include any discrete frequency on which the power is at least 0.25 percent of the total radiated power. Bit rate. The rate of transmission of information in binary (two state) form in bits per unit time. Carrier. In a frequency stabilized system, the sinusoidal component of a modulated wave whose frequency is independent of the modulating wave; or the output of a transmitter when the modulating wave is made zero; or a wave generated at a point in the transmitting system and subsequently modulated by the signal; or a wave generated locally at the receiving terminal which when combined with the side bands in a suitable detector, produces the modulating wave. Carrier frequency. The output of a transmitter when the modulating wave is made zero. Central office. A landline termination center used for switching and interconnection of public message communication circuits. Common carrier fixed point-to-point microwave service. A common carrier public radio service rendered on microwave frequencies by fixed and temporary fixed stations between points that lie within the United States or between points to its possessions or to points in Canada or Mexico. Communication common carrier. Any person engaged in rendering communication service for hire to the public. Contiguous United States. For the 3700-4200 MHz band, the contiguous United States consists of the contiguous 48 states and the District of Columbia as defined by Partial Economic Areas Nos. 1-41, 43-211, 213-263, 265-297, 299-359, and 361-411, which includes areas within 12 nautical miles of the U.S. Gulf coastline ( see § 27.6(m) of this chapter ). In this context, the rest of the United States includes the Honolulu, Anchorage, Kodiak, Fairbanks, Juneau, Puerto Rico, Guam-Northern Mariana Islands, U.S. Virgin Islands, American Samoa, and the Gulf of Mexico PEAs (Nos. 42, 212, 264, 298, 360, 412-416). Control point. An operating position at which an operator responsible for the operation of the transmitter is stationed and which is under the control and supervision of the licensee. Control station. A fixed station, the transmissions of which are used to control automatically the emissions or operations of a radio station, or a remote base station transmitter. Coordination area. The area associated with a station outside of which another station sharing the same or adjacent frequency band neither causes nor is subject to interfering emissions greater than a permissible level. Coordination contour. The line enclosing the coordination area. Coordination distance. The distance on a given azimuth from a station beyond which another station neither causes nor is subject to interfering emissions greater than a permissible level. Digital Electronic Message Nodal Station. A fixed point-to-multipoint radio station in a Digital Electronic Message Service providing two-way communication with Digital Electronic Message User Stations. Digital Electronic Message Service. A two-way end-to-end fixed radio service utilizing digital termination systems for the exchange of digital information in the frequency bands 10,550-10,680 MHz, 18,820-18,920 MHz, and 19,160-19,260 MHz. This service may also make use of point-to-point microwave facilities, satellite facilities or other communications media to interconnect digital termination systems to comprise a network. Digital Electronic Message User Station. Any one of the fixed microwave radio stations located at users' premises, lying within the coverage area of a Digital Electronic Message Nodal Station, and providing two-way digital communications with the Digital Electronic Message Nodal Station. Digital modulation. The process by which some characteristic (frequency, phase, amplitude or combinations thereof) of a carrier frequency is varied in accordance with a digital signal, e.g., one consisting of coded pulses or states. Drop point. A term used in the point-to-point microwave radio service to designate a terminal point where service is rendered to a subscriber. Earth station. A station located either on the Earth's surface or within the major portion of Earth's atmosphere and intended for communication: ( 1 ) With one or more space stations; or ( 2 ) With one or more stations of the same kind by means of one or more reflecting satellites or other objects in space. Effective Radiated Power (ERP). The product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction. Equivalent Isotropically Radiated Power (EIRP). The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna. Exchange. A unit of a communication company or companies for the administration of communication service in a specified area, which usually embraces a city, town, or village and its environs, and consisting of one or more central offices, together with the associated plant, used in furnishing communication service in that area. Exchange area. The geographic area included within the boundaries of an exchange. Fixed satellite earth station. An earth station intended to be used at a specified fixed point. Fixed relay station. A fixed station associated with one or more stations, established to receive radio signals directed to it and to retransmit them automatically on a fixed service frequency. Fixed service. A radio communications service between specified fixed points. Fixed station. A station in the fixed service. Frequency tolerance. The maximum permissible departure by the center frequency of the frequency band occupied by an emission from the assigned frequency or, by the characteristic frequency of an emission from the reference frequency. Note: The frequency tolerance is expressed as a percentage or in Hertzs. General communication. Two-way voice communication, through a base station, between: ( 1 ) A common carrier land mobile or airborne station and a landline telephone station connected to a public message landline telephone system; ( 2 ) Two common carrier land mobile stations; ( 3 ) Two common carrier airborne stations; ( 4 ) A common carrier land mobile station and a common carrier airborne station. Harmful interference. Interference that endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with these regulations. Internodal link. A point-to-point communications link used to provide communications between nodal stations or to interconnect nodal stations to other communications media. Landing area. A landing area means any locality, either of land or water, including airports and intermediate landing fields, which is used, or approved for use for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo. Local Multipoint Distribution Service Backbone Link. A point-to-point radio service link in a Local Multipoint Distribution Service System that is used to interconnect Local Multipoint Distribution Service Hub Stations with each other or with the public switched telephone network. Local Multipoint Distribution Service Hub Station. A fixed point-to-point or point-to-multipoint radio station in a Local Multipoint Distribution Service System that provides one-way or two-way communication with Local Multipoint Distribution Service Subscriber Stations. Local Multipoint Distribution Service Subscriber Station. Any one of the fixed microwave radio stations located at users' premises, lying within the coverage area of a Local Multipoint Distribution Service Hub Station, capable of receiving one-way communications from or providing two-way communications with the Local Multipoint Distribution Service Hub Station. Local Multipoint Distribution Service System. A fixed point-to-point or point-to-multipoint radio system consisting of Local Multipoint Distribution Service Hub Stations and their associated Local Multipoint Distribution Service Subscriber Stations. Local television transmission service. A public radio communication service for the transmission of television material and related communications. Long haul system. A microwave system licensed under this part in which the longest radio circuit of tandem radio paths exceeds 402 kilometers. Master station. A station in a multiple address radio system that controls, activates or interrogates four or more remote stations. Master stations performing such functions may also receive transmissions from remote stations. Message center. The point at which messages from members of the public are accepted by the carrier for transmission to the addressee. Microwave frequencies. As used in this part, this term refers to frequencies of 890 MHz and above. Microwave link. A link is defined as a simplex communications circuit between two points utilizing a single frequency/polarization assignment. A duplex communications circuit would require two links, one link in each direction. Miscellaneous common carriers. Communications common carriers that are not engaged in the business of providing either a public landline message telephone service or public message telegraph service. Mobile earth station. An earth station intended to be used while in motion or during halts at unspecified points. Mobile service. A radio communication service between mobile and land stations or between mobile stations. Mobile station. A station in the mobile service intended to be used while in motion or during halts at unspecified points. Multichannel Video Distribution and Data Service (MVDDS). A fixed microwave service licensed in the 12.2-12.7 GHz band that provides various wireless services. Mobile and aeronautical operations are prohibited. Multiple address system (MAS). A point-to-multipoint or point-to-point radio communications system used for either one-way or two-way transmissions that operates in the 928/952/956 MHz, the 928/959 MHz or the 932/941 MHz bands in accordance with § 101.147 . National Spatial Reference System. The National Spatial Reference System (NSRS) is the name given to all Geodetic Control information contained in the National Geodetic Survey (NGS) Data Base. This includes: A, B, First, Second, and Third Order horizontal and vertical control observed by NGS as well as data submitted by other agencies (i.e., USGS, BLM, States, Counties, Cities, and private surveying organizations). Necessary bandwidth. For a given class of emission, the width of the frequency band that is just sufficient to ensure the transmission of information at the rate and with the quality required under specified conditions. The necessary bandwidth may be calculated using the formulas in § 2.202 of this chapter . Nodal station. The central or controlling stations in a microwave radio system operating on point-to-multipoint or multipoint-to-multipoint frequencies with one or more user stations or internodal links. Occupied bandwidth. The width of a frequency bandwidth such that, below the lower and above the upper frequency limits, the mean powers emitted are each equal to a specified percentage, B/2 of the total mean power of a given emission. Unless otherwise specified by the CCIR for the appropriate class of emission, the value of B/2 should be taken as 0.5%. Note: The percentage of the total power outside the occupied bandwidth is represented by B. Operational fixed station. A private fixed station not open to public correspondence. Passive repeater. A re-radiation device associated with a transmitting/receiving antenna system that re-directs intercepted radiofrequency energy. For example, it may consist of reflector(s) or back-to-back parabolic or horn antennas. Path length. The total distance of a path from the transmit to the receive antenna, inclusive of all passive repeaters, if any. Payload capacity. The bit rate available for transmission of data over a radiocommunication system, excluding overhead data generated by the system. Periscope antenna system. An antenna system which involves the use of a passive reflector to deflect radiation from or to a directional transmitting or receiving antenna which is oriented vertically or near vertically. Prior coordination. A bilateral process conducted prior to filing applications which includes the distribution of the technical parameters of a proposed radio system to potentially affected parties for their evaluation and timely response. Private carrier. An entity licensed in the private service and authorized to provide communications service to other private service eligibles on a commercial basis. Private line service. A service whereby facilities for communication between two or more designated points are set aside for the exclusive use or availability for use of a particular customer and authorized users during stated periods of time. Private operational fixed point-to-point microwave service. A private radio service rendered by fixed and temporary fixed stations on microwave frequencies for the exclusive use or availability for use of the licensee or other eligible entities for communication between two or more designated points. Service may be provided between points within the United States, points within United States possessions, or between the United States and points in Canada or Mexico. Public correspondence. Any telecommunication which the offices and stations must, by reason of their being at the disposal of the public, accept for transmission. Public message service. A service whereby facilities are offered to the public for communication between all points served by a carrier or by interconnected carriers on a non-exclusive message by message basis, contemplating a separate connection for each occasion of use. Radio station. A separate transmitter or a group of transmitters under simultaneous common control, including the accessory equipment required for carrying on a radiocommunication service. Radiocommunication. Telecommunication by means of radio waves. Rated power output. The maximum radio frequency power output capability (peak or average power) of a transmitter, under optimum conditions of adjustment and operation, specified by its manufacturer. Record communication. Any transmission of intelligence which is reduced to visual record form at the point of reception. Reference frequency. A frequency having a fixed and specified position with respect to the assigned frequency. The displacement of this frequency with respect to the assigned frequency has the same absolute value and sign that the displacement of the characteristic frequency has with respect to the centre of the frequency band occupied by the emission. Relay station. A fixed station used for the reception and retransmission of the signals of another station or stations. Remote station. A fixed station in a multiple address radio system that transmits one-way to one or more central receive sites, controls a master station, or is controlled, activated or interrogated by, and may respond to, a master station. Repeater station. A fixed station established for the automatic retransmission of radiocommunications received from one or more mobile stations and directed to a specified location; for public mobile radio operations, a fixed station that automatically retransmits the mobile communications and/or transmitter information about the base station, along a fixed point-to-point link between the base station and the central station. Secondary operations. Radio communications which may not cause interference to operations authorized on a primary basis and which are not protected from interference from these primary operations. Short haul system. A microwave system licensed under this part in which the longest radio circuit of tandem radio paths does not exceed 402 kilometers. Signal booster. A device at a fixed location which automatically receives, amplifies, and retransmits on a one-way or two-way basis, the signals received from base, fixed, mobile, and portable stations, with no change in frequency or authorized bandwidth. A signal booster may be either narrowband (Class A), in which case the booster amplifies only those discrete frequencies intended to be retransmitted, or broadband (Class B), in which case all signals within the passband of the signal booster filter are amplified. Signaling communication. One-way communications from a base station to a mobile or fixed receiver, or to multi-point mobile or fixed receivers by audible or subaudible means, for the purpose of actuating a signaling device in the receiver(s) or communicating information to the receiver(s), whether or not the information is to be retained in record form. Standby transmitter. A transmitter installed and maintained for use in lieu of the main transmitter only during periods when the main transmitter is out of service for maintenance or repair. Symbol rate. Modulation rate in bauds. This rate may be higher than the transmitted bit rate as in the case of coded pulses or lower as in the case of multilevel transmission. Telegraphy. A form of telecommunication which is concerned in any process providing transmission and reproduction at a distance of documentary matter, such as written or printed matter or fixed images, or the reproduction at a distance of any kind of information in such a form. Unless otherwise specified, telegraphy means a form of telecommunication for the transmission of written matter by the use of signal code. Telemetering. The use of telecommunication for automatic indicating or recording measurements at a distance from the measuring instrument. Telephony. A form of telecommunication set up for the transmission of speech, or in some cases, other sounds. Television. A form of telecommunication for transmission of transient images of fixed or moving objects. Temporary fixed station. A station established in a non-permanent mode (temporary) at a specified location for a short period of time, ranging up to one year. Temporary-fixed operations are itinerant in nature, and are not to be confused with mobile-type operations. Universal Licensing System (ULS). The consolidated database, application filing system and processing system for all Wireless Telecommunications Services. The ULS offers Wireless Telecommunications Bureau (WTB) applicants and the general public electronic filing of all applications requests, and full public access to all WTB licensing data. User or subscriber station. The station(s) in a microwave radio system operating at the users' premises on point-to-multipoint or multipoint-to-multipoint frequencies and communicating with one or more nodal stations. Video entertainment material. The transmission of a video signal (e.g., United States Standard Monochrome or National Television Systems Committee 525-line television) and an associated audio signal which is designed primarily to amuse or entertain, such as movies and games. [ 61 FR 26677 , May 28, 1996, as amended at 61 FR 29693 , June 12, 1996; 61 FR 31052 , June 19, 1996; 61 FR 44181 , Aug. 28, 1996; 62 FR 23163 , Apr. 29, 1997; 63 FR 68981 , Dec. 14, 1998; 65 FR 17448 , Apr. 3, 2000; 65 FR 38326 , June 20, 2000; 65 FR 59357 , Oct. 5, 2000; 67 FR 43037 , June 26, 2002; 68 FR 4955 , Jan. 31, 2003; 77 FR 54432 , Sept. 5, 2012; 85 FR 22889 , Apr. 23, 2020] Subpart B—Applications and Licenses General Filing Requirements § 101.4 Transition plan. ( a ) All systems subject to parts 21 and 94 of this chapter in effect as of July 31, 1996, which are licensed or which are proposed in an application on file, as of July 31, 1996, are subject to the requirements under part 21 or part 94 of this chapter as contained in the CFR edition revised as of October 1, 1995 and amended in the Federal Register through July 31, 1996, as applicable, indefinitely. ( b ) For purposes of this section, a “system” shall include: ( 1 ) The originally licensed system; ( 2 ) Any modification to the original system involving a change in antenna azimuth, antenna beam width, channel loading, emission, station location, antenna height, authorized power, or authorized frequencies; ( 3 ) Additional links constructed to complete an integrated communications network; or ( 4 ) Operationally connecting new facilities and/or frequencies. ( c ) All radio frequency devices authorized pursuant to part 2 of this chapter as being in compliance with applicable part 21 or part 94 of this chapter in effect as of July 31, 1996, requirements can be used indefinitely with systems licensed under this part 101. [ 61 FR 26677 , May 28, 1996, as amended at 65 FR 38326 , June 20, 2000] § 101.5 Station authorization required. ( a ) [Reserved] ( b ) A separate application form must be filed electronically via ULS for each Digital Electronic Message Service (DEMS) Nodal Station. No license is required for a DEMS User Station or for a Multiple Address System (MAS) remote or mobile station. Authority for a DEMS Nodal Station licensee to serve a specific number of user stations to be licensed in the name of the carrier must be requested on FCC Form 601 filed for the DEMS Nodal Station. Authority for any number of MAS remotes and authority to serve MAS mobiles (to the extent this part permits such operation) within a specified area will be included in the authority for the MAS fixed master stations. ( c ) [Reserved] ( d ) For stations authorized under subpart H (Private Operational Fixed Point-to-Point Microwave Service), subpart I (Common Carrier Fixed Point-to-Point Microwave Service), and subpart L of this part (Local Multipoint Distribution Service), construction of new or modified stations may be initiated prior to grant of an authorization. As a condition to commencing construction under this paragraph (d) , the Commission may, at any time and without hearing or notice, prohibit such construction for any reason. Any construction conducted under this paragraph is at the applicant's sole risk. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23164 , Apr. 29, 1997; 63 FR 68981 , Dec. 14, 1998; 68 FR 4955 , Jan. 31, 2003] § 101.7 Eligibility for station license. ( a ) A station license may not be granted to or held by a foreign government or by a representative of a foreign government. ( b ) In the Common Carrier service, a station license may not be granted or held by: ( 1 ) Any alien or the representative of any alien; ( 2 ) Any corporation organized under the laws of any foreign government; ( 3 ) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by: Aliens or their representatives; a foreign government or representatives thereof; or any corporation organized under the laws of a foreign country; or ( 4 ) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens or their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign government, if the Commission finds that the public interest will be served by the refusal or revocation of such license. [ 61 FR 26677 , May 28, 1996, as amended at 61 FR 55581 , Oct. 28, 1996] § 101.17 [Reserved] § 101.21 Technical content of applications. Applications, except FCC Form 175, must contain all technical information required by the application form and any additional information necessary to fully describe the proposed facilities and to demonstrate compliance with all technical requirements of the rules governing the radio service involved (see subparts C , F , G , I , J , and L of this part , as appropriate). The following paragraphs describe a number of technical requirements. ( a ) - ( d ) [Reserved] ( e ) Each application in the Private Operational Fixed Point-to-Point Microwave Service and the Common Carrier Fixed Point-to-Point Microwave Service must include the following information: Applicant's name and address. Transmitting station name. Transmitting station coordinates. Frequencies and polarizations to be added, changed or deleted. Transmitting equipment, its stability, effective isotropic radiated power, emission designator, and type of modulation (digital). Transmitting antenna(s), model, gain, and, if required, a radiation pattern provided or certified by the manufacturer. Transmitting antenna center line height(s) above ground level and ground elevation above mean sea level. Receiving station name. Receiving station coordinates. Receiving antenna(s), model, gain, and, if required, a radiation pattern provided or certified by the manufacturer. Receiving antenna center line height(s) above ground level and ground elevation above mean sea level. Path azimuth and distance. Note: The position location of antenna sites shall be determined to an accuracy of no less than ±1 second in the horizontal dimensions (latitude and longitude) and ±1 meter in the vertical dimension (ground elevation) with respect to the National Spacial Reference System. ( f ) All applicants for regular authorization must, before filing an application, major amendments to a pending application, or modifications to a license, prior coordinate the proposed frequency usage with existing users in the area and other applicants with previously filed applications in accordance with the procedures in § 101.103 . In those frequency bands shared with the communication-satellite service, an applicant for a new station, for new points of communication, for the initial frequency assignment in a shared band for which coordination has not been previously effected, or for authority to modify the emission or radiation characteristics of an existing station in a manner that may increase the likelihood of harmful interference, must ascertain in advance whether the station(s) involved lie within the great circle coordination distance contours of an existing Earth station or one for which an application has been accepted for filing, and must coordinate his proposal with each such Earth station operator or applicant. For each potential interference path, the applicant must perform the computations required to determine that the expected level of interference to or from the terrestrial station does not exceed the maximum permissible interference power level in accordance with the technical standards and requirements of § 25.251 of this chapter . The Commission may, in the course of examining any application, require the submission of additional showings, complete with pertinent data and calculations in accordance with part 25 of this chapter , showing that harmful interference will not likely result from the proposed operation. (Technical characteristics of the Earth stations on file and coordination contour maps for those Earth stations will be kept on file for public inspection in the offices of the Commission's Space Bureau in Washington, DC.) ( g ) Each application in the Local Multipoint Distribution Service and 24 GHz Service must contain all technical information required by FCC Form 601 and any other applicable form or associated Public Notices and by any applicable rules in this part. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23164 , Apr. 29, 1997; 63 FR 68981 , Dec. 14, 1998; 65 FR 38327 , June 20, 2000; 65 FR 59357 , Oct. 5, 2000; 78 FR 25176 , Apr. 29, 2013; 88 FR 21451 , Apr. 10, 2023] § 101.23 Waiver of rules. Waiver of these rules may be granted upon application or on the Commission's own motion in accordance with § 1.925 of this chapter . [ 63 FR 68981 , Dec. 14, 1998] § 101.31 Temporary and conditional authorizations. ( a ) Operation at temporary locations. ( 1 ) Authorizations may be issued upon proper application for rendition of temporary service to subscribers under the following conditions: ( i ) When a fixed station, authorized to operate at temporary locations, is to remain at a single location for more than 6 months, an application for a station authorization designating that single location as the permanent location shall be filed at least 90 days prior to the expiration of the 6 month period; ( ii ) The station shall be used only for rendition of communication service at a remote point where the provision of wire facilities is not practicable within the required time frame; and ( iii ) The antenna structure height employed at any location shall not exceed the criteria set forth in § 17.7 of this chapter unless, in each instance, authorization for use of a specific maximum antenna structure height for each location has been obtained from the Commission prior to erection of the antenna. See § 101.125 . ( 2 ) Applications for authorizations to operate stations at temporary locations under the provisions of this section shall be made upon FCC Form 601. Blanket applications may be submitted for the required number of transmitters. An application for authority to operate a fixed station at temporary locations must specify the precise geographic area within which the operation will be confined. The area specified must be defined as a radius of operation about a specific coordinate (latitude/longitude), or as a county, or as a State. Exception to this specific requirement may be made for exceptionally large areas, such as the continental United States. Sufficient data must be submitted to show the need for the proposed area of operation. ( 3 ) Operations in the 17.8-19.7 GHz band for any services and in the 17.7-17.8 GHz band for MVPD operations are prohibited in the areas defined in § 1.924 of this chapter . Operations proposed in the areas defined in § 1.924 of this chapter may not commence without prior specific notification to, and authorization from, the Commission. ( b ) Conditional authorization. ( 1 ) An applicant for a new point-to-point microwave radio station(s) or a modification of an existing station(s) in the 952.95-956.15 and 956.55-959.75 MHz band segments; the 3700-4200, 5925-6425, 6525-6875, and 6875-7125 MHz bands; the 10.550-10.680, 10.700-11.700, 12.700-13.150, 13.200-13.250, 17.700-18.300, and 19.300-19.700 GHz bands; and the 21.800-22.000 and 23.000-23.200 GHz band segments (see § 101.147(s)(8) for specific service usage) may operate the proposed station(s) during the pendency of its applications(s) upon the filing of a properly completed formal application(s) that complies with subpart B of this part , if the applicant certifies that the following conditions are satisfied: ( i ) The frequency coordination procedures of § 101.103 have been successfully completed; ( ii ) The antenna structure(s) has been previously studied by the Federal Aviation Administration and determined to pose no hazard to aviation safety as required by subpart B of part 17 of this chapter ; or the antenna or tower structure does not exceed 6.1 meters above ground level or above an existing man-made structure (other than an antenna structure), if the antenna or tower has not been previously studied by the Federal Aviation Administration and cleared by the FCC; ( iii ) The grant of the application(s) does not require a waiver of the Commission's rules: ( iv ) The applicant has determined that the facility(ies) will not significantly affect the environment as defined in § 1.1307 of this chapter ; ( v ) The station site does not lie within 56.3 kilometers of any international border, within areas identified in §§ 1.924(a) through (d) of this chapter unless the affected entity consents in writing to conditional operation or, if for any services on frequencies in the 17.8-19.7 GHz band and for MVPD operations in the 17.7-17.8 GHz band, within any of the areas identified in § 1.924 of this chapter ; ( vi ) If operated on frequencies in the 10.6-10.68 GHz band, the station site does not lie within any of the following regions: Name of region Dimensions = radius in kilometers Center-point Kitt Peak, Arizona 60 N31-57-22; W111-36-42 Big Pine, California 60 N37-13-54; W118-16-34 Vandenburg AFB, California 75 N34-43-00; W120-34-00 Denver, Colorado 150 N39-43-00; W104-46-00 Washington, DC 150 N38-48-00; W76-52-00 Eglin AFB, Florida 50 N30-29-00; W86-32-00 Mauna Kea, Hawaii 60 N19-48-16; W155-27-29 North Liberty, Iowa 60 N41-46-17; W91-34-26 Maryland Point, Maryland 60 N38-22-26; W77-14-00 Hancock, New Hampshire 60 N42-56-01; W71-59-12 Los Alamos, New Mexico 60 N35-46-30; W106-14-42 Pie Town, New Mexico 60 N34-18-04; W108-07-07 Socorro, New Mexico 160 N34-04-43; W107-37-04 WSMR, New Mexico 75 N32-23-00; W106-29-00 Minot AFB, North Dakota 80 N48-15-00; W101-17-00 Arecibo, Puerto Rico 160 N18-20-37; W66-45-11 Fort Davis, Texas 60 N30-38-06; W103-56-39 St. Croix, Virgin Islands 60 N17-45-31; W64-35-03 Brewster, Washington 60 N48-07-53; W119-40-55 Green Bank, West Virginia 160 N38-25-59; W79-50-24 Note: Coordinates are referenced to North American Datum 1983 (NAD83). ( vii ) With respect to the 21.8-22.1 GHz and 23.0-23.3 GHz band, the filed application(s) does not propose to operate on a frequency pair centered on other than 21.825/23.025 GHz, 21.875/23.075 GHz, 21.925/23.125 GHz, 21.975/23.175 GHz, 22.025/23.225 GHz or 22.075/23.275 GHz and does not propose to operate with an E.I.R.P. greater than 55 dBm. The center frequencies are shifted from the center frequencies listed above for certain bandwidths as follows: add 0.005 GHz for 20 MHz bandwidth channels, add 0.010 GHz for 30 megahertz bandwidth channels, and subtract 0.005 GHz for 40 MHz bandwidth channels. See specific channel listings in § 101.147(s) . ( viii ) The filed application(s) is consistent with the proposal that was coordinated pursuant to § 101.103 . ( 2 ) Conditional authority ceases immediately if the application(s) is returned by the Commission because it is not acceptable for filing. ( 3 ) Conditional authorization does not prejudice any action the Commission may take on the subject application(s). Conditional authority is accepted with the express understanding that such authority may be modified or cancelled by the Commission at any time without hearing if, in the Commission's discretion, the need for such action arises. An applicant operating pursuant to this conditional authority assumes all risks associated with such operation, the termination or modification of the conditional authority, or the subsequent dismissal or denial of its applications(s). [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 55538 , Oct. 27, 1997; 63 FR 10779 , Mar. 5, 1998; 63 FR 68981 , Dec. 14, 1998; 65 FR 38327 , June 20, 2000; 68 FR 4955 , Jan. 31, 2003; 69 FR 17959 , Apr. 6, 2004; 71 FR 69048 , Nov. 29, 2006; 75 FR 41771 , July 19, 2010; 76 FR 59571 , Sept. 27, 2011; 80 FR 38912 , July 7, 2015] Processing of Applications § 101.45 Mutually exclusive applications. ( a ) The Commission will consider applications to be mutually exclusive if their conflicts are such that the grant of one application would effectively preclude by reason of harmful electrical interference, or other practical reason, the grant of one or more of the other applications. The Commission will presume “harmful electrical interference” exists when the levels of § 101.105 are exceeded, or when there is a material impairment to service rendered to the public despite full cooperation in good faith by all applicants or parties to achieve reasonable technical adjustments which would avoid electrical conflict. ( b ) A common carrier application, except in the Local Multipoint Distribution Service and in the 24 GHz Service, will be entitled to comparative consideration with one or more conflicting applications only if: ( 1 ) The application is mutually exclusive with the other application; and ( 2 ) The application is received by the Commission in a condition acceptable for filing by whichever “cut-off” date is earlier: ( i ) Sixty (60) days after the date of the public notice listing the first of the conflicting applications as accepted for filing; or ( ii ) One (1) business day preceding the day on which the Commission takes final action on the previously filed application (should the Commission act upon such application in the interval between thirty (30) and sixty (60) days after the date of its public notice). ( c ) Whenever three or more applications are mutually exclusive, but not uniformly so, the earliest filed application established the date prescribed in paragraph (b)(2) of this section, regardless of whether or not subsequently filed applications are directly mutually exclusive with the first filed application. (For example, applications A, B, and C are filed in that order. A and B are directly mutually exclusive, B and C are directly mutually exclusive. In order to be considered comparatively with B, C must be filed within the “cut-off” period established by A even though C is not directly mutually exclusive with A.) ( d ) Private operational fixed point-to-point microwave applications for authorization under this part will be entitled to comparative consideration with one or more conflicting applications in accordance with the provisions of § 1.227(b)(4) of this chapter . ( e ) An application otherwise mutually exclusive with one or more previously filed applications, but filed after the appropriate date prescribed in paragraphs (b) or (d) of this section, will be returned without prejudice and will be eligible for refiling only after final action is taken by the Commission with respect to the previously filed application (or applications). ( f ) For purposes of this section, any application (whether mutually exclusive or not) will be considered to be a newly filed application if it is amended by a major amendment (as defined by § 1.929 of this chapter ), except under any of the following circumstances: ( 1 ) The application has been designated for comparative hearing, or for comparative evaluation (pursuant to § 101.51 of this part ), and the Commission or the presiding officer accepts the amendment pursuant to § 1.927 of this chapter ; ( 2 ) The amendment resolves frequency conflicts with authorized stations or other pending applications which would otherwise require resolution by hearing or by comparative evaluation pursuant to § 101.51 provided that the amendment does not create new or additional frequency conflicts; ( 3 ) The amendment reflects only a change in ownership or control found by the Commission to be in the public interest, and for which a requested exemption from the “cut-off” requirements of this section is granted; ( 4 ) The amendment reflects only a change in ownership or control which results from an agreement under § 1.935 of this chapter whereby two or more applicants entitled to comparative consideration of their applications join in one (or more) of the existing applications and request dismissal of their other application (or applications) to avoid the delay and cost of comparative consideration; ( 5 ) The amendment corrects typographical, transcription, or similar clerical errors which are clearly demonstrated to be mistakes by reference to other parts of the application, and whose discovery does not create new or increased frequency conflicts; or ( 6 ) The amendment does not create new or increased frequency conflicts, and is demonstrably necessitated by events which the applicant could not have reasonably foreseen at the time of filing, such as, for example: ( i ) The loss of a transmitter or receiver site by condemnation, natural causes, or loss of lease or option; ( ii ) Obstruction of a proposed transmission path caused by the erection of a new building or other structure; or ( iii ) The discontinuance or substantial technological obsolescence of specified equipment, whenever the application has been pending before the Commission for two or more years from the date of its filing. ( g ) Applicants for the 932.5-935/941.5-944 MHz bands shall select a frequency pair. Applicants for these bands may select an unpaired frequency only upon a showing that spectrum efficiency will not be impaired and that unpaired spectrum is not available in other bands. During the initial filing window, frequency coordination is not required, except that an application for a frequency in the 942-944 MHz band must be coordinated to ensure that it does not affect an existing broadcast auxiliary service licensee. After the initial filing window, an applicant must submit evidence that frequency coordination has been performed with all licensees affected by the application. All frequency coordination must be performed in accordance with § 101.103 . In the event of mutually exclusive applications occurring during the initial filing window for the 932.5-935/941.5-944 MHz bands, applicants shall be given the opportunity to resolve these situations by applying for an alternative frequency pair, if one is available. To the extent that there are no other available frequencies or to the extent that mutually exclusive applications remain after this process is concluded, lotteries shall be conducted for each frequency pair among all remaining mutually exclusive applications, assuming appropriate coordination with existing broadcast auxiliary stations can be concluded, where necessary. In the event of mutually exclusive applications being received for these bands on the same day after the initial filing window has closed and a subsequent filing window opened, lotteries shall be conducted for each frequency pair among all mutually exclusive applications. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23164 , Apr. 29, 1997; 62 FR 24582 , May 6, 1997; 63 FR 6103 , Feb. 6, 1998; 63 FR 68982 , Dec. 14, 1998; 65 FR 59357 , Oct. 5, 2000] § 101.51 Comparative evaluation of mutually exclusive applications. ( a ) In order to expedite action on mutually exclusive applications in services under this rules part where neither competitive bidding nor the random selection processes apply, the applicants may request the Commission to consider their applications without a formal hearing in accordance with the summary procedure outlined in paragraph (b) in this section if: ( 1 ) The applications are entitled to comparative consideration pursuant to § 101.45 ; ( 2 ) The applications have not been designated for formal evidentiary hearing; and ( 3 ) The Commission determines, initially or at any time during the procedure outline in paragraph (b) of this section, that such procedure is appropriate, and that, from the information submitted and consideration of such other matters as may be officially noticed, there are no substantial and material questions of fact, presented (Other than those relating to the comparative merits of the applications) which would preclude a grant under § 1.915 of this chapter . ( b ) Provided that the conditions of paragraph (a) of this section are satisfied, applicants may request the Commission to act upon their mutually exclusive applications without a formal hearing pursuant to the summary procedure outlined below: ( 1 ) To initiate the procedure, each applicant will submit to the Commission a written statement containing: ( i ) A waiver of the applicant's right to a formal hearing; ( ii ) A request and agreement that, in order to avoid the delay and expense of a comparative formal hearing, the Commission should exercise its judgment to select from among the mutually exclusive applications that proposal (or proposals) which would best serve the public interest; and ( iii ) The signature of a principal (and the principal's attorney if represented). ( 2 ) After receipt of the written requests of all of the applicants the Commission (if it deems this procedure appropriate) will issue a notice designating the comparative criteria upon which the applications are to be evaluated and will request each applicant to submit, within a specified period of time, additional information concerning the applicant's proposal relative to the comparative criteria. ( 3 ) Within thirty (30) days following the due date for filing this information, the Commission will accept concise and factual argument on the competing proposals from the rival applicants, potential customers, and other knowledgeable parties in interest. ( 4 ) Within fifteen (15) days following the due date for the filing of comments, the Commission will accept concise and factual replies from the rival applicants. ( 5 ) From time to time during the course of this procedure the Commission may request additional information from the applicants and hold informal conferences at which all competing applicants will have the right to be represented. ( 6 ) Upon evaluation of the applications, the information submitted, and such other matters as may be officially noticed the Commission will issue a decision granting one (or more) of the proposals which it concludes would best serve the public interest, convenience and necessity. The decision will report briefly and concisely the reasons for the Commission's selection and will deny the other application(s). This decision will be considered final. [ 61 FR 26677 , May 28, 1996, as amended at 63 FR 6104 , Feb. 6, 1998; 63 FR 68982 , Dec. 14, 1998] License Transfers, Modifications, Conditions and Forfeitures § 101.55 Considerations involving transfer or assignment applications. ( a ) Except as provided for in paragraph (d) of this section, licenses not authorized pursuant to competitive bidding procedures may not be assigned or transferred prior to the completion of construction of the facility. ( b ) [Reserved] ( c ) At its discretion, the Commission may require the submission of an affirmative, factual showing (supported by affidavits of a person or persons with personal knowledge thereof) to demonstrate that the proposed assignor or transferor has not acquired an authorization or operated a station for the principal purpose of profitable sale rather than public service. This showing may include, for example, a demonstration that the proposed assignment or transfer is due to changed circumstances (described in detail) affecting the licensee subsequent to the acquisition of the license, or that the proposed transfer of radio facilities is incidental to a sale of other facilities or merger of interests. ( d ) If a proposed transfer of radio facilities is incidental to a sale or other facilities or merger of interests, the showing specified under paragraph (c) of this section shall be submitted and include an additional exhibit that: ( 1 ) Discloses complete details as to the sale of facilities or merger of interests; ( 2 ) Segregates clearly by an itemized accounting, the amount of consideration involved in the sale of facilities or merger of interests; and ( 3 ) Demonstrates that the amount of consideration assignable to the facilities or business interests involved represents their fair market value at the time of the transaction. [ 61 FR 26677 , May 28, 1996, as amended at 63 FR 6104 , Feb. 6, 1998; 63 FR 68982 , Dec. 14, 1998; 65 FR 38327 , June 20, 2000; 68 FR 4955 , Jan. 31, 2003] § 101.56 [Reserved] § 101.61 Certain modifications not requiring prior authorization in the Local Multipoint Distribution Service and 24 GHz Service In the Local Multipoint Distribution Service (LMDS) licensees may add, remove, or relocate facilities within the area authorized by the license without prior authorization. Upon request by an incumbent licensee or the Commission, an LMDS licensee shall furnish the technical parameters, location and coordinates of the completion of the addition, removal, relocation or modification of any of its facilities within the BTA. The LMDS licensee must provide such information within ten (10) days of receiving a written request. This section also applies to 24 GHz licensees that are licensed according to Economic Areas. [ 65 FR 59357 , Oct. 5, 2000] § 101.63 Period of construction; certification of completion of construction. Cross Reference Link to an amendment published at 89 FR 33258 , Apr. 29, 2024. ( a ) Each Station, except in Multichannel Video Distribution and Data Service, Local Multipoint Distribution Service, and the 24 GHz Service, authorized under this part must be in operation within 18 months from the initial date of grant. ( b ) For the 70 GHz, 80 GHz, and 90 GHz bands, the 12-month construction period will commence on the date of each registration of each individual link; adding links will not change the overall renewal period of the license. ( c ) Failure to timely begin operation means the authorization cancels automatically. ( d ) The frequencies associated with all point-to-multipoint authorizations which have cancelled automatically or otherwise been recovered by the Commission will again be made available for reassignment on a date and under terms set forth by Public Notice. See § 101.1331(d) for treatment of MAS incumbent site-by-site licenses recovered in EAs. ( e ) Requests for extension of time may be granted upon a showing of good cause pursuant to § 1.946(e) of this chapter . ( f ) Construction of any authorized facility or frequency must be completed by the date specified in the license as pursuant to § 1.946 of this chapter . ( g ) MVPD licensees which have both analog and digital emissions designators specified on the license and which already have, or may transition from analog to digital operations, or a combination of both, meet their completion of construction requirements and do not automatically surrender their license provided they are using either set of emissions. If the licensee has completed the transition to digital, the license can remove the unused analog emission designators the next time a modification or renewal application is filed. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23165 , Apr. 29, 1997; 63 FR 6104 , Feb. 6, 1998; 63 FR 68982 , Dec. 14, 1998; 64 FR 45893 , Aug. 23, 1999; 65 FR 17448 , Apr. 3, 2000; 65 FR 38327 , June 20, 2000; 65 FR 59357 , Oct. 5, 2000; 69 FR 3266 , Jan. 23, 2004; 69 FR 16832 , Mar. 31, 2004; 71 FR 69048 , Nov. 29, 2006; 81 FR 79944 , Nov. 14, 2016] § 101.64 Service areas. Service areas for 38.6-40.0 GHz service are Economic Areas (EAs) as defined below. EAs are delineated by the Regional Economic Analysis Division, Bureau of Economic Analysis, U.S. Department of Commerce. The Commerce Department organizes the 50 States and the District of Columbia into 172 EAs. Additionally, there are four EA-like areas: Guam and Northern Mariana Islands; Puerto Rico and the U.S. Virgin Islands; American Samoa and the Gulf of Mexico. A total of 175 authorizations (excluding the Gulf of Mexico EA-like area) will be issued for each channel block in the 39 GHz band. [ 64 FR 45893 , Aug. 23, 1999] § 101.65 Termination of station authorizations. In addition to the provisions of § 1.953 of this chapter , a site-based license will be automatically terminated in whole or in part without further notice to the licensee upon the voluntary removal or alteration of the facilities, so as to render the station not operational for a period of 30 days or more. A licensee is subject to this provision commencing on the date it is required to be providing service or operating under § 101.63 . This provision is inapplicable to blanket authorizations to operate fixed stations at temporary locations pursuant to the provisions of § 101.31(a)(2) . See § 101.305 for additional rules regarding temporary and permanent discontinuation of service. [ 82 FR 41549 , Sept. 1, 2017] Effective Date Note Effective Date Note: At 82 FR 41549 , Sept. 1, 2017, § 101.65 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 101.67 License period. Licenses for stations authorized under this part will be issued for a period not to exceed 10 years. Unless otherwise specified by the Commission, the expiration of regular licenses shall be on the date (month and day) selected by licensees in the year of expiration. Policies Governing Microwave Relocation From the 1850-1990 and 2110-2200 MHz Bands § 101.69 Transition of the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands from the fixed microwave services to personal communications services and emerging technologies. Fixed Microwave Services (FMS) in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands have been allocated for use by emerging technology (ET) services, including Personal Communications Services (PCS), Advanced Wireless Services (AWS), and Mobile Satellite Services (MSS). The rules in this section provide for a transition period during which ET licensees may relocate existing FMS licensees using these frequencies to other media or other fixed channels, including those in other microwave bands. ( a ) ET licensees may negotiate with FMS licensees authorized to use frequencies in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands, for the purpose of agreeing to terms under which the FMS licensees would: ( 1 ) Relocate their operations to other fixed microwave bands or other media; or alternatively ( 2 ) Accept a sharing arrangement with the ET licensee that may result in an otherwise impermissible level of interference to the FMS operations. ( b ) - ( c ) [Reserved] ( d ) Relocation of FMS licensees in the 2110-2150 and 2160-2200 MHz band will be subject to mandatory negotiations only. Except as provided in paragraph (e) of this section, mandatory negotiation periods are defined as follows: ( 1 ) Non-public safety incumbents will have a two-year mandatory negotiation period; and ( 2 ) Public safety incumbents will have a three-year mandatory negotiation period. ( e ) Relocation of FMS licensees by Mobile-Satellite Service (MSS) licensees will be subject to mandatory negotiations only. ( 1 ) The mandatory negotiation period for non-public safety incumbents will end December 8, 2004. ( 2 ) The mandatory negotiation period for public safety incumbents will end December 8, 2005. ( f ) AWS licensees operating in the 1910-1920 MHz and 2175-2180 MHz bands will follow the requirements and procedures set forth in ET Docket No. 00-258 and WT Docket No. 04-356. ( g ) If no agreement is reached during the mandatory negotiation period, an ET licensee may initiate involuntary relocation procedures. Under involuntary relocation, the incumbent is required to relocate, provided that the ET licensee meets the conditions of § 101.75 . [ 62 FR 12758 , Mar. 18, 1997, as amended at 65 FR 48182 , Aug. 7, 2000; 68 FR 3464 , Jan. 24, 2003; 68 FR 68253 , Dec. 8, 2003; 69 FR 62622 , Oct. 27, 2004; 71 FR 29842 , May 24, 2006; 78 FR 8271 , Feb. 5, 2013; 78 FR 48621 , Aug. 9, 2013] § 101.71 [Reserved] § 101.73 Mandatory negotiations. ( a ) A mandatory negotiation period may be initiated at the option of the ET licensee. Relocation of FMS licensees by Mobile Satellite Service (MSS) operators and AWS licensees in the 2110-2150 MHz and 2160-2200 MHz bands will be subject to mandatory negotiations only. ( b ) Once mandatory negotiations have begun, an FMS licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably necessary to facilitate the relocation process. In evaluating claims that a party has not negotiated in good faith, the FCC will consider, inter alia, the following factors: ( 1 ) Whether the ET licensee has made a bona fide offer to relocate the FMS licensee to comparable facilities in accordance with Section 101.75(b) ; ( 2 ) If the FMS licensee has demanded a premium, the type of premium requested (e.g., whether the premium is directly related to relocation, such as system-wide relocations and analog-to-digital conversions, versus other types of premiums), and whether the value of the premium as compared to the cost of providing comparable facilities is disproportionate ( i.e., whether there is a lack of proportion or relation between the two); ( 3 ) What steps the parties have taken to determine the actual cost of relocation to comparable facilities; ( 4 ) Whether either party has withheld information requested by the other party that is necessary to estimate relocation costs or to facilitate the relocation process. ( c ) Any party alleging a violation of our good faith requirement must attach an independent estimate of the relocation costs in question to any documentation filed with the Commission in support of its claim. An independent cost estimate must include a specification for the comparable facility and a statement of the costs associated with providing that facility to the incumbent licensee. ( d ) Provisions for Relocation of Fixed Microwave Licensees in the 2110-2150 and 2160-2200 MHz bands. A separate mandatory negotiation period will commence for each FMS licensee when an ET licensee informs that FMS licensee in writing of its desire to negotiate. Mandatory negotiations will be conducted with the goal of providing the FMS licensee with comparable facilities defined as facilities possessing the following characteristics: ( 1 ) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, comparable facilities provide an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, comparable facilities provide equivalent data loading bits per second (bps). ( 2 ) Reliability. System reliability is the degree to which information is transferred accurately within a system. Comparable facilities provide reliability equal to the overall reliability of the FMS system. For digital systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmission, it is measured by the percent of time that audio signal quality meets an established threshold. If an analog system is replaced with a digital system, only the resulting frequency response, harmonic distortion, signal-to-noise and its reliability will be considered in determining comparable reliability. ( 3 ) Operating Costs. Operating costs are the cost to operate and maintain the FMS system. ET licensees would compensate FMS licensees for any increased recurring costs associated with the replacement facilities (e.g., additional rental payments, and increased utility fees) for five years after relocation. ET licensees could satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the FMS licensee would be equivalent to the 2 GHz system in order for the replacement system to be comparable. [ 61 FR 29694 , June 12, 1996, as amended at 62 FR 12758 , Mar. 18, 1997; 65 FR 48182 , Aug. 7, 2000; 68 FR 3464 , Jan. 24, 2003; 68 FR 68253 , Dec. 8, 2003; 69 FR 62622 , Oct. 27, 2004; 71 FR 29842 , May 24, 2006; 78 FR 8272 , Feb. 5, 2013; 78 FR 48621 , Aug. 9, 2013] § 101.75 Involuntary relocation procedures. ( a ) If no agreement is reached during the mandatory negotiation period, an ET licensee may initiate involuntary relocation procedures under the Commission's rules. ET licensees are obligated to pay to relocated only the specific microwave links to which their systems pose an interference problem. Under involuntary relocation, the FMS licensee is required to relocate, provided that the ET licensee: ( 1 ) Guarantees payment of relocation costs, including all engineering, equipment, site and FCC fees, as well as any legitimate and prudent transaction expenses incurred by the FMS licensee that are directly attributable to an involuntary relocation, subject to a cap of two percent of the hard costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. ET licensees are not required to pay FMS licensees for internal resources devoted to the relocation process. ET licensees are not required to pay for transaction costs incurred by FMS licensees during the voluntary or mandatory periods once the involuntary period is initiated, or for fees that cannot be legitimately tied to the provision of comparable facilities; ( 2 ) Completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are used, identifying and obtaining, on the incumbents' behalf, new microwave frequencies and frequency coordination; and ( 3 ) Builds the replacement system and tests it for comparability with the existing 2 GHz system. ( b ) Comparable facilities. The replacement system provided to an incumbent during an involuntary relocation must be at least equivalent to the existing FMS system with respect to the following three factors: ( 1 ) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, the ET licensee is required to provide the FMS licensee with an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, the ET licensee must provide the FMS licensee with equivalent data loading bits per second (bps). ET licensees must provide FMS licensees with enough throughput to satisfy the FMS licensee's system use at the time of relocation, not match the total capacity of the FMS system. ( 2 ) Reliability. System reliability is the degree to which information is transferred accurately within a system. ET licensees must provide FMS licensees with reliability equal to the overall reliability of their system. For digital data systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmissions, it is measured by the percent of time that audio signal quality meets an established threshold. If an analog voice system is replaced with a digital voice system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its reliability will be considered in determining comparable reliability. ( 3 ) Operating costs. Operating costs are the cost to operate and maintain the FMS system. ET licensees must compensate FMS licensees for any increased recurring costs associated with the replacement facilities (e.g., additional rental payments, increased utility fees) for five years after relocation. ET licensees may satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the FMS licensee must be equivalent to the 2 GHz system in order for the replacement system to be considered comparable. ( c ) The FMS licensee is not required to relocate until the alternative facilities are available to it for a reasonable time to make adjustments, determine comparability, and ensure a seamless handoff. ( d ) Twelve-month trial period. If, within one year after the relocation to new facilities, the FMS licensee demonstrates that the new facilities are not comparable to the former facilities, the ET licensee must remedy the defects or pay to relocate the microwave licensee to one of the following: its former or equivalent 2 GHz channels, another comparable frequency band, a land-line system, or any other facility that satisfies the requirements specified in paragraph (b) of this section. This trial period commences on the date that the FMS licensee begins full operation of the replacement link. If the FMS licensee has retained its 2 GHz authorization during the trial period, it must return the license to the Commission at the end of the twelve months. FMS licensees relocated from the 2110-2150 and 2160-2200 MHz bands may not be returned to their former 2 GHz channels. All other remedies specified in paragraph (d) are available to FMS licensees relocated from the 2110-2150 MHz and 2160-2200 MHz bands, and may be invoked whenever the FMS licensee demonstrates that its replacement facility is not comparable, subject to no time limit. [ 61 FR 29694 , June 12, 1996, as amended at 65 FR 48183 , Aug. 7, 2000; 68 FR 3464 , Jan. 24, 2003; 71 FR 29842 , May 24, 2006] § 101.77 Public safety licensees in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands. ( a ) In order for public safety licensees to qualify for a three year mandatory negotiation period as defined in § 101.69(d)(2) , the department head responsible for system oversight must certify to the ET licensee requesting relocation that: ( 1 ) The agency is a Police licensee, a Fire Licensee, or an Emergency Medical Licensee as defined in § 90.7 of this chapter , or meets the eligibility requirements of § 90.20(a)(2) of this chapter , except for § 90.20(a)(2)(ii) of this chapter , or that it is a licensee of other part 101 facilities licensed on a primary basis under the eligibility requirements of part 90, subpart B of this chapter ; and ( 2 ) The majority of communications carried on the facilities at issue involve safety of life and property. ( b ) A public safety licensee must provide certification within thirty (30) days of a request from a ET licensee, or the ET licensee may presume that special treatment is inapplicable. If a public safety licensee falsely certifies to an ET licensee that it qualifies for the extended time periods, this licensee will be in violation of the Commission's rules and will subject to appropriate penalties, as well as immediately subject to the non-public safety time periods. [ 61 FR 29695 , June 12, 1996, as amended at 62 FR 12758 , Mar. 18, 1997; 62 FR 18936 , Apr. 17, 1997; 71 FR 29842 , May 24, 2006] § 101.79 Sunset provisions for licensees in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands. ( a ) FMS licensees will maintain primary status in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands unless and until an ET licensee requires use of the spectrum. ET licensees are not required to pay relocation costs after the relocation rules sunset. Once the relocation rules sunset, an ET licensee may require the incumbent to cease operations, provided that the ET licensee intends to turn on a system within interference range of the incumbent, as determined by TIA TSB 10-F (for terrestrial-to-terrestrial situations) or TIA TSB 86 (for MSS satellite-to-terrestrial situations) or any standard successor. ET licensee notification to the affected FMS licensee must be in writing and must provide the incumbent with no less than six months to vacate the spectrum. After the six-month notice period has expired, the FMS licensee must turn its license back into the Commission, unless the parties have entered into an agreement which allows the FMS licensee to continue to operate on a mutually agreed upon basis. The date that the relocation rules sunset is determined as follows: ( 1 ) For the 2110-2150 MHz and 2160-2175 MHz and 2175-2180 MHz bands, ten years after the first ET license is issued in the respective band; and ( 2 ) For the 2180-2200 MHz band, for MSS/ATC December 8, 2013 ( i.e., ten years after the mandatory negotiation period begins for MSS/ATC operators in the service), and for ET licensees authorized under part 27 ten years after the first part 27 license is issued in the band. To the extent that an MSS operator is also an ET licensee authorized under part 27, the part 27 sunset applies to its relocation and cost sharing obligations should the two sets of obligations conflict. ( b ) If the parties cannot agree on a schedule or an alternative arrangement, requests for extension will be accepted and reviewed on a case-by-case basis. The Commission will grant such extensions only if the incumbent can demonstrate that: ( 1 ) It cannot relocate within the six-month period (e.g., because no alternative spectrum or other reasonable option is available), and; ( 2 ) The public interest would be harmed if the incumbent is forced to terminate operations (e.g., if public safety communications services would be disrupted). [ 61 FR 29695 , June 12, 1996, as amended at 62 FR 12758 , Mar. 18, 1997; 68 FR 68254 , Dec. 8, 2003; 71 FR 29842 , May 24, 2006; 78 FR 8272 , Feb. 5, 2013] § 101.81 Future licensing in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands. After April 25, 1996, all major modifications and extensions to existing FMS systems in the 1850-1990 MHz, 2110-2150 MHz, and 2160-2200 MHz bands will be authorized on a secondary basis to ET systems. All other modifications will render the modified FMS license secondary to ET operations, unless the incumbent affirmatively justifies primary status and the incumbent FMS licensee establishes that the modification would not add to the relocation costs of ET licensees. Incumbent FMS licensees will maintain primary status for the following technical changes: ( a ) Decreases in power; ( b ) Minor changes (increases or decreases) in antenna height; ( c ) Minor location changes (up to two seconds); ( d ) Any data correction which does not involve a change in the location of an existing facility; ( e ) Reductions in authorized bandwidth; ( f ) Minor changes (increases or decreases) in structure height; ( g ) Changes (increases or decreases) in ground elevation that do not affect centerline height; ( h ) Minor equipment changes. [ 61 FR 29695 , June 12, 1996, as amended at 62 FR 12759 , Mar. 18, 1997; 65 FR 38327 , June 20, 2000] § 101.82 Reimbursement and relocation expenses in the 2110-2150 MHz and 2160-2200 MHz bands. ( a ) Reimbursement and relocation expenses for the 2110-2130 MHz and 2160-2200 MHz bands are addressed in §§ 27.1160-27.1174 . ( b ) Cost-sharing obligations between AWS and MSS (space-to-Earth downlink). Whenever an ET licensee (AWS or Mobile Satellite Service for space-to-Earth downlink in the 2130-2150 or 2180-2200 MHz bands) relocates an incumbent paired microwave link with one path in the 2130-2150 MHz band and the paired path in the 2180-2200 MHz band, the relocator is entitled to reimbursement of 50 percent of its relocation costs (see paragraph (e)) of this section from any other AWS licensee or MSS space-to-Earth downlink operator which would have been required to relocate the same fixed microwave link as set forth in paragraphs (c) and (d) of this section. ( c ) Cost-sharing obligations for MSS (space-to-Earth downlinks). For an MSS space-to-Earth downlink, the cost-sharing obligation is based on the interference criteria for relocation, i.e. , TIA TSB 86 or any standard successor, relative to the relocated microwave link. Subsequently entering MSS space-to-Earth downlink operators must reimburse AWS or MSS space-to-Earth relocators (see paragraph (e)) of this section before the later entrant may begin operations in these bands, unless the later entrant can demonstrate that it would not have interfered with the microwave link in question. ( d ) Cost-sharing obligations among terrestrial stations. For terrestrial stations (AWS), cost-sharing obligations are governed by §§ 27.1160 through 27.1174 of this chapter ; provided, however, that MSS operators are not obligated to reimburse voluntarily relocating FMS incumbents in the 2180-2200 MHz band. (AWS reimbursement and cost-sharing obligations relative to voluntarily relocating FMS incumbents are governed by § 27.1166 of this chapter ). ( e ) The total costs of which 50 percent is to be reimbursed will not exceed $250,000 per paired fixed microwave link relocated, with an additional $150,000 permitted if a new or modified tower is required. [ 71 FR 29843 , May 24, 2006, as amended at 78 FR 8272 , Feb. 5, 2013] Policies Governing Fixed Service Relocation From the 18.58-19.30 GHz Band Source: 65 FR 54173 , Sept. 7, 2000, unless otherwise noted. § 101.83 Modification of station license. Permissible changes in equipment operating in the band 18.3-19.3 GHz: Notwithstanding other provisions of this section, stations that remain co-primary under the provisions of § 101.147(r) may not make modifications to their systems that increase interference to satellite earth stations, or result in a facility that would be more costly to relocate. [ 68 FR 16968 , Apr. 8, 2003] § 101.85 Transition of the 18.3-19.3 GHz band from the terrestrial fixed services to the fixed-satellite service (FSS). Fixed services (FS) frequencies in the 18.3-19.3 GHz bands listed in §§ 21.901(e) , 74.502(c) , 74.602(g) , and 78.18(a)(4) and § 101.147(a) and (r) of this chapter have been allocated for use by the fixed-satellite service (FSS). The rules in this section provide for a transition period during which FSS licensees may relocate existing FS licensees using these frequencies to other frequency bands, media or facilities. ( a ) FSS licensees may negotiate with FS licensees authorized to use frequencies in the 18.3-19.30 GHz bands for the purpose of agreeing to terms under which the FS licensees would: ( 1 ) Relocate their operations to other frequency bands, media or facilities; or alternatively ( 2 ) Accept a sharing arrangement with the FSS licensee that may result in an otherwise impermissible level of interference to the FSS operations. ( b ) ( 1 ) FS operations in the 18.3-18.58 GHz band that remain co-primary under the provisions of §§ 21.901(e) , 74.502(c) , 74.602(d) , 78.18(a)(4) and 101.147(r) of this chapter will continue to be co-primary with the FSS users of this spectrum until November 19, 2012 or until the relocation of the fixed service operations, whichever occurs sooner. ( 2 ) FS operations in the 18.58-19.3 GHz band that remain co-primary under the provisions of §§ 21.901(e) , 74.502(c) , 74.602(d) , 78.18(a)(4) and 101.147(r) of this chapter will continue to be co-primary with the FSS users of this spectrum until June 8, 2010 or until the relocation of the fixed service operations, whichever occurs sooner, except for operations in the band 19.26-19.3 GHz and low power systems operating pursuant to § 101.47(r)(10) , which shall operate on a co-primary basis until October 31, 2011. ( 3 ) If no agreement is reached during the negotiations pursuant to § 101.85(a) , an FSS licensee may initiate relocation procedures. Under the relocation procedures, the incumbent is required to relocate, provided that the FSS licensee meets the conditions of § 101.91 . ( c ) Negotiation periods are defined as follows: ( 1 ) Non-public safety incumbents will have a two-year negotiation period. ( 2 ) Public safety incumbents will have a three-year negotiation period. [ 65 FR 54173 , Sept. 7, 2000, as amended at 66 FR 63516 , Dec. 7, 2001; 68 FR 16968 , Apr. 8, 2003] § 101.89 Negotiations. ( a ) The negotiation is triggered by the fixed-satellite service (FSS) licensee, who must contact the fixed services (FS) licensee and request that negotiations begin. ( b ) Once negotiations have begun, an FS licensee may not refuse to negotiate and all parties are required to negotiate in good faith. Good faith requires each party to provide information to the other that is reasonably necessary to facilitate the relocation process. In evaluating claims that a party has not negotiated in good faith, the FCC will consider, inter alia, the following factors: ( 1 ) Whether the FSS licensee has made a bona fide offer to relocate the FS licensee to comparable facilities in accordance with § 101.91(b) ; ( 2 ) If the FS licensee has demanded a premium, the type of premium requested (e.g., whether the premium is directly related to relocation, such as system-wide relocations and analog-to-digital conversions, versus other types of premiums), and whether the value of the premium as compared to the cost of providing comparable facilities is disproportionate (i.e., whether there is a lack of proportion or relation between the two); ( 3 ) What steps the parties have taken to determine the actual cost of relocation to comparable facilities; ( 4 ) Whether either party has withheld information requested by the other party that is necessary to estimate relocation costs or to facilitate the relocation process. ( c ) Any party alleging a violation of our good faith requirement must attach an independent estimate of the relocation costs in question to any documentation filed with the Commission in support of its claim. An independent cost estimate must include a specification for the comparable facility and a statement of the costs associated with providing that facility to the incumbent licensee. ( d ) Negotiations will commence when the FSS licensee informs the FS licensee in writing of its desire to negotiate. Negotiations will be conducted with the goal of providing the FS licensee with comparable facilities, defined as facilities possessing the following characteristics: ( 1 ) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, the FSS licensee is required to provide the FS licensee with an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, the FSS licensee must provide the FS licensee with equivalent data loading bits per second (bps). FSS licensees must provide FS licensees with enough throughput to satisfy the FS licensee's system use at the time of relocation, not match the total capacity of the FS system. ( 2 ) Reliability. System reliability is the degree to which information is transferred accurately within a system. FSS licensees must provide FS licensees with reliability equal to the overall reliability of their system. For digital data systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmissions, it is measured by the percent of time that audio signal quality meets an established threshold. If an analog voice system is replaced with a digital voice system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its reliability will be considered in determining comparable reliability. ( 3 ) Operating costs. Operating costs are the cost to operate and maintain the FS system. FSS licensees must compensate FS licensees for any increased recurring costs associated with the replacement facilities (e.g., additional rental payments, increased utility fees) for five years after relocation. FSS licensees may satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the FS licensee must be equivalent to the 18 GHz system in order for the replacement system to be considered comparable. § 101.91 Involuntary relocation procedures. ( a ) If no agreement is reached during the negotiations period, an FSS licensee may initiate relocation procedures under the Commission's rules. FSS licensees are obligated to pay to relocate only the specific microwave links from which their systems may receive interference. Under these procedures, the FS licensee is required to relocate, provided that the FSS licensee: ( 1 ) Guarantees payment of relocation costs, including all engineering, equipment, site and FCC fees, as well as any legitimate and prudent transaction expenses incurred by the FS licensee that are directly attributable to the relocation, subject to a cap of two percent of the hard costs involved. Hard costs are defined as the actual costs associated with providing a replacement system, such as equipment and engineering expenses. FSS licensees are not required to pay FS licensees for internal resources devoted to the relocation process. FSS licensees are not required to pay for transaction costs incurred by FS licensees during the negotiations once the negotiation is initiated, or for fees that cannot be legitimately tied to the provision of comparable facilities; ( 2 ) Completes all activities necessary for implementing the replacement facilities, including engineering and cost analysis of the relocation procedure and, if radio facilities are used, identifying and obtaining, on the incumbents' behalf, new microwave frequencies and frequency coordination; and ( 3 ) Builds the replacement system and tests it for comparability with the existing 18 GHz system. ( b ) Comparable facilities. The replacement system provided to an incumbent during a relocation must be at least equivalent to the existing FS system with respect to the following three factors: ( 1 ) Throughput. Communications throughput is the amount of information transferred within a system in a given amount of time. If analog facilities are being replaced with analog, the FSS licensee is required to provide the FS licensee with an equivalent number of 4 kHz voice channels. If digital facilities are being replaced with digital, the FSS licensee must provide the FS licensee with equivalent data loading bits per second (bps). FSS licensees must provide FS licensees with enough throughput to satisfy the FS licensee's system use at the time of relocation, not match the total capacity of the FS system. ( 2 ) Reliability. System reliability is the degree to which information is transferred accurately within a system. FSS licensees must provide FS licensees with reliability equal to the overall reliability of their system. For digital data systems, reliability is measured by the percent of time the bit error rate (BER) exceeds a desired value, and for analog or digital voice transmissions, it is measured by the percent of time that audio signal quality meets an established threshold. If an analog voice system is replaced with a digital voice system, only the resulting frequency response, harmonic distortion, signal-to-noise ratio and its reliability will be considered in determining comparable reliability. ( 3 ) Operating costs. Operating costs are the cost to operate and maintain the FS system. FSS licensees must compensate FS licensees for any increased recurring costs associated with the replacement facilities (e.g., additional rental payments, increased utility fees) for five years after relocation. FSS licensees may satisfy this obligation by making a lump-sum payment based on present value using current interest rates. Additionally, the maintenance costs to the FS licensee must be equivalent to the 18 GHz system in order for the replacement system to be considered comparable. ( c ) The FS licensee is not required to relocate until the alternative facilities are available to it for a reasonable time to make adjustments, determine comparability, and ensure a seamless handoff. The FS licensee may take up to 12 months to make such adjustments and perform such testing. ( d ) If the FS licensee demonstrates to the Commission that the new facilities are not comparable to the former facilities, the Commission may require the FSS licensee to further modify or replace the FS licensee's equipment. [ 65 FR 54173 , Sept. 7, 2000, as amended at 66 FR 63516 , Dec. 7, 2001] § 101.95 Sunset provisions for licensees in the 18.30-19.30 GHz band. ( a ) FSS licensees are not required to pay relocation costs after the relocation rules sunset (see §§ 74.502(c) , 74.602(g) , and 78.18(a)(4) of this chapter , and 101.147 (a) and (r)). Once the relocation rules sunset, an FSS licensee may require the incumbent to cease operations, provided that the FSS licensee intends to turn on a system within interference range of the incumbent, as determined by TIA Bulletin 10-F or any standard successor. FSS licensee notification to the affected FS licensee must be in writing and must provide the incumbent with no less than six months to vacate the spectrum. After the six-month notice period has expired, the FS licensee must turn its license back into the Commission, unless the parties have entered into an agreement which allows the FS licensee to continue to operate on a mutually agreed upon basis. ( b ) If the parties cannot agree on a schedule or an alternative arrangement, requests for extension will be accepted and reviewed on a case-by-case basis. The Commission will grant such extensions only if the incumbent can demonstrate that: ( 1 ) It cannot relocate within the six-month period (e.g., because no alternative spectrum or other reasonable option is available); and ( 2 ) The public interest would be harmed if the incumbent is forced to terminate operations (e.g., if public safety communications services would be disrupted). § 101.97 Future licensing in the 18.30-19.30 GHz band. ( a ) All major modifications and extensions to existing FS systems in the 18.3-18.58 band after November 19, 2002, or in the 18.58-19.30 band after June 8, 2000 (with the exception of certain low power operations authorized under § 101.147(r)(10) ) will be authorized on a secondary basis to FSS systems. All other modifications will render the modified FS license secondary to FSS operations, unless the incumbent affirmatively justifies primary status and the incumbent FS licensee establishes that the modification would not add to the relocation costs for FSS licensees. Incumbent FS licensees will maintain primary status for the following technical changes: ( 1 ) Decreases in power; ( 2 ) Minor changes (increases or decreases) in antenna height; ( 3 ) Minor location changes (up to two seconds); ( 4 ) Any data correction which does not involve a change in the location of an existing facility; ( 5 ) Reductions in authorized bandwidth; ( 6 ) Minor changes (increases or decreases) in structure height; ( 7 ) Changes (increases or decreases) in ground elevation that do not affect centerline height; ( 8 ) Minor equipment changes. ( 9 ) Changes in ownership or control. ( b ) The provisions of § 101.83 are applicable, notwithstanding any other provisions of this section. [ 65 FR 54173 , Sept. 7, 2000, as amended at 66 FR 63516 , Dec. 7, 2001; 68 FR 19698 , Apr. 8, 2003] Subpart C—Technical Standards § 101.101 Frequency availability. Frequency band (MHz) Radio service Common carrier (Part 101) Private radio (Part 101) Broadcast auxiliary (Part 74) Other (parts 15, 21, 22, 24, 25, 27, 74, 78 & 100) Notes 928-929 MAS MAS PRS 932.0-932.5 MAS MAS PRS 932.5-935.0 CC OFS (1). 941.0-941.5 MAS MAS PRS 941.5-944.0 CC OFS Aural BAS (1). 952-958 OFS/MAS PRS 958-960 MAS OFS 1850-1990 OFS PCS 2110-2130 CC PET 2130-2150 OFS PET 2160-2180 CC ET 2180-2200 OFS PET 2450-2500 CC OFS TV BAS ISM F/M/TF 2650-2690 OFS MDS/ITFS 3700-4200 CC LTTS OFS SAT, ET (2). 5925-6425 CC LTTS OFS SAT 6425-6525 LTTS OFS TV BAS CARS M. 6525-6875 CC OFS 6875-7125 CC OFS TV BAS CARS 10,550-10,680 CC OFS DEMS 10,700-11,700 CC OFS SAT 12,200-12,700 MVDDS MVDDS, POFS DBS, NGSO FSS 12,700-13,250 CC LTTS OFS TV BAS CARS F/M/TF. 17,700-18,580 CC OFS TV BAS SAT CARS 17,700-18,300 CC OFS TV BAS CARS 18,300-18,580 CC OFS TV BAS CARS SAT 18,580-18,820 CC OFS Aural BAS SAT 18,820-18,920 CC OFS SAT 18,920-19,160 CC OFS Aural BAS SAT 19,160-19,260 CC OFS SAT 19,260-19,700 CC OFS TV BAS CARS SAT 21,200-23,600 CC LTTS OFS TF. 24,250-25,250 CC OFS 29,100-29,250 LMDS LMDS SAT 31,000-31,300 CC LMDS LTTS OFS LMDS F/M/TF. 71,000-76,000 CC OFS 25 F/M/TF 81,000-86,000 CC OFS 25 F/M/TF 92,000-95,000 CC OFS 15 F/M/TF. BAS: Broadcast Auxiliary Service—(Part 74) CARS: Cable Television Relay Service—(Part 78) CC: Common Carrier Fixed Point-to-Point Microwave Service—(Part 101, Subparts C & I) DBS: Direct Broadcast Satellite—(Part 100) DEMS: Digital Electronic Message Service—(Part 101, Subpart G) ISM: Industrial, Scientific & Medical—(Part 18) ITFS: Instructional Television Fixed Service—(Part 74) LTTS: Local Television Transmission Service—(Part 101, Subpart J) MAS: Multiple Address System—(Part 101) MDS: Multipoint Distribution Service—(Part 21) OFS: Private Operational Fixed Point-to-Point Microwave Service—(Part 101, Subparts C & H) PCS: Personal Communications Service—(Part 24) PET: Emerging Technologies (per ET Dkt. No. 92-9, not yet assigned) PRS: Paging and Radiotelephone Service—(Part 22, Subpart E) SAT: Fixed Satellite Service—(Part 25) Notes: F—Fixed M—Mobile TF—Temporary Fixed (1)—Applications for frequencies in the 932.5-935/941.5-944 MHz bands may be filed initially during a one-week period to be announced by public notice. After these applications have been processed, the Commission will announce by public notice a filing date for remaining frequencies. From this filing date forward, applications will be processed on a daily first-come, first-served basis. (2) Frequencies in this band are shared with stations in the fixed satellite service outside the contiguous United States. Applications for new permanent or temporary facilities in these bands will not be accepted for locations in the contiguous United States. Licensees, as of April 19, 2018, of existing permanent and temporary point-to-point Fixed Service links in the contiguous United States have until December 5, 2023, to self-relocate their point-to-point links out of the 3,700-4,200 MHz band. Such licensees may seek reimbursement of their reasonable costs based on the “comparable facilities” standard used for the transition of microwave links out of other bands, see § 101.73(d) of this chapter (defining comparable facilities as facilities possessing certain characteristics in terms of throughput, reliability and operating costs) subject to the demonstration requirements and reimbursement administrative provisions administrative provisions in part 27, subpart O, of this chapter. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23165 , Apr. 29, 1997; 62 FR 24582 , May 6, 1997; 65 FR 38327 , June 20, 2000; 65 FR 54175 , Sept. 7, 2000; 65 FR 59357 , Oct. 5, 2000; 67 FR 43037 , June 28, 2002; 69 FR 3266 , Jan. 23, 2004; 69 FR 72047 , Dec. 10, 2004; 70 FR 4787 , Jan. 31, 2005; 76 FR 59571 , Sept. 27, 2011; 81 FR 79944 , Nov. 14, 2016; 85 FR 22889 , Apr. 23, 2020] § 101.103 Frequency coordination procedures. ( a ) Assignment of frequencies will be made only in such a manner as to facilitate the rendition of communication service on an interference-free basis in each service area. Unless otherwise indicated, each frequency available for use by stations in these services will be assigned exclusively to a single applicant in any service area. All applicants for, and licensees of, stations in these services must cooperate in the selection and use of the frequencies assigned in order to minimize interference and thereby obtain the most effective use of the authorized facilities. In the event harmful interference occurs or appears likely to occur between two or more radio systems and such interference cannot be resolved between the licensees thereof, the Commission may specify a time sharing arrangement for the stations involved or may, after notice and opportunity for hearing, require the licensees to make such changes in operating techniques or equipment as it may deem necessary to avoid such interference. ( b ) ( 1 ) Operations in the bands 31,000-31,075 MHz and 31,225-31,300 MHz licensed prior to March 11, 1997, were licensed on an unprotected basis and are subject to harmful interference from similarly licensed operations in that band. ( i ) Operations licensed in the Local Mulitpoint Distribution Service and those operations licensed prior to March 11, 1997, except in the Local Television Transmission Service, operating in these bands are equally protected against harmful interference from each other. ( ii ) In the case of operations licensed prior to March 11, 1997, except in the Local Television Transmission Service, that are licensed on a point-to-radius basis, LMDS licensees shall be subject to the protection requirement established in this section in the case of existing links operated by such licensees, and in the case of links added by such licensees in the future in accordance with the terms of their point-to-radius licenses. ( iii ) An LMDS licensee may not initiate operations within the point-to-radius area licensed to an operator (other than an operator in the Local Television Transmission Service) prior to March 11, 1997, even if such operator has not initiated operations to the fullest extent of the license. An LMDS licensee, however, may initiate operations at the border of such operator's license area without prior coordination if the LMDS licensee's operations would not cause harmful interference to the other operator's existing operations. ( iv ) An operator (other than an operator in the Local Television Transmission Service) licensed on a point-to-radius basis prior to March 11, 1997, may add additional stations within its license area. Such operator shall coordinate with any affected LMDS licensee if its new operations might cause harmful interference to the existing operations of such LMDS licensee. ( v ) Operations licensed prior to March 11, 1997, on a point-to-point basis may not be extended or otherwise modified through the addition of point-to-point links. Such operations shall be limited to the use of frequency pairs licensed as of March 11, 1997. Operations licensed in the Local Television Transmission Service as of March 11, 1997, may continue to operate, but such operators may not expand existing operations nor initiate new operations. ( 2 ) Operations in the 31,075-31,225 MHz band licensed prior to March 11, 1997, shall receive no protection against harmful interference from authorized operations in the Local Multipoint Distribution Service in that band. ( 3 ) Non-LMDS operations in the entire 31,000-31,300 MHz band licensed after March 11, 1997, based on applications refiled no later than June 26, 1998 are unprotected with respect to each other and subject to harmful interference from each other. ( i ) Such operations and any operations licensed prior to March 11, 1997, in the band are unprotected with respect to each other and subject to harmful interference from each other. ( ii ) Such operations are licensed on a secondary basis to LMDS operations licensed in the band, may not cause interference to LMDS operations, and are not protected from interference from LMDS operations. ( iii ) Such operations licensed on a point-to-point basis may not be extended or otherwise modified through the addition of point-to-point links. Such operations licensed on a point-to-radius basis may add additional stations within the licensed area. ( c ) Frequency diversity transmission will not be authorized in these services in the absence of a factual showing that the required communications cannot practically be achieved by other means. Where frequency diversity is deemed to be justified on a protection channel basis, it will be limited to one protection channel for the bands 3,700-4,200, 5925-6425, and 6525-6875 MHz, and a ratio of one protection channel for three working channels for the bands 10,550-10,680 and 10,700-11,700 MHz. In the bands 3,700-4,200, 5,925-6,425, and 6525-6875 MHz, no frequency diversity protection channel will be authorized unless there is a minimum of three working channels, except that where a substantial showing is made that a total of three working channels will be required within three years, a protection channel may be authorized simultaneously with the first working channel. A protection channel authorized under such exception will be subject to termination if applications for the third working channel are not filed within three years of the grant date of the applications for the first working channel. Where equipment employing digital modulation techniques with cross-polarized operation on the same frequency is used, the protection channel authorized under the above conditions may be considered to consist of both polarizations of the protection frequency where such is shown to be necessary. ( d ) Frequency coordination. For each frequency authorized under this part, the following frequency usage coordination procedures will apply: ( 1 ) General requirements. Proposed frequency usage must be prior coordinated with existing licensees, permittees and applicants in the area, and other applicants with previously filed applications, whose facilities could affect or be affected by the new proposal in terms of frequency interference on active channels, applied-for channels, or channels coordinated for future growth. Coordination must be completed prior to filing an application for regular authorization, or a major amendment to a pending application, or any major modification to a license. In coordinating frequency usage with stations in the fixed satellite service, applicants must also comply with the requirements of § 101.21(f) . In engineering a system or modification thereto, the applicant must, by appropriate studies and analyses, select sites, transmitters, antennas and frequencies that will avoid interference in excess of permissible levels to other users. All applicants and licensees must cooperate fully and make reasonable efforts to resolve technical problems and conflicts that may inhibit the most effective and efficient use of the radio spectrum; however, the party being coordinated with is not obligated to suggest changes or re-engineer a proposal in cases involving conflicts. Applicants should make every reasonable effort to avoid blocking the growth of systems as prior coordinated. The applicant must identify in the application all entities with which the technical proposal was coordinated. In the event that technical problems are not resolved, an explanation must be submitted with the application. Where technical problems are resolved by an agreement or operating arrangement between the parties that would require special procedures be taken to reduce the likelihood of interference in excess of permissible levels (such as the use of artificial site shielding) or would result in a reduction of quality or capacity of either system, the details thereof may be contained in the application. ( 2 ) Coordination procedure guidelines are as follows: ( i ) Coordination involves two separate elements: notification and response. Both or either may be oral or in written form. To be acceptable for filing, all applications and major technical amendments must certify that coordination, including response, has been completed. The names of the licensees, permittees and applicants with which coordination was accomplished must be specified. If such notice and/or response is oral, the party providing such notice or response must supply written documentation of the communication upon request; ( ii ) Notification must include relevant technical details of the proposal. At minimum, this should include, as applicable, the following: Applicant's name and address. Transmitting station name. Transmitting station coordinates. Frequencies and polarizations to be added, changed or deleted. Transmitting equipment type, its stability, actual output power, emission designator, and type of modulation(s) (loading). Notification shall indicate if modulations lower than the values listed in the table to § 101.141(a)(3) of the Commission's rules will be used. Transmitting antenna type(s), model, gain and, if required, a radiation pattern provided or certified by the manufacturer. Transmitting antenna center line height(s) above ground level and ground elevation above mean sea level. Receiving station name. Receiving station coordinates. Receiving antenna type(s), model, gain, and, if required, a radiation pattern provided or certified by the manufacturer. Receiving antenna center line height(s) above ground level and ground elevation above mean sea level. Path azimuth and distance. Estimated transmitter transmission line loss expressed in dB. Estimated receiver transmission line loss expressed in dB. For a system utilizing ATPC, maximum transmit power, coordinated transmit power, and nominal transmit power. Note: The position location of antenna sites shall be determined to an accuracy of no less than ±1 second in the horizontal dimensions (latitude and longitude) and ±1 meter in the vertical dimension (ground elevation) with respect to the National Spatial Reference System. ( iii ) For transmitters employing digital modulation techniques, the notification should clearly identify the type of modulation. Upon request, additional details of the operating characteristics of the equipment must also be furnished; ( iv ) Response to notification should be made as quickly as possible, even if no technical problems are anticipated. Any response to notification indicating potential interference must specify the technical details and must be provided to the applicant, in writing, within the 30-day notification period. Every reasonable effort should be made by all applicants, permittees and licensees to eliminate all problems and conflicts. If no response to notification is received within 30 days, the applicant will be deemed to have made reasonable efforts to coordinate and may file its application without a response; ( v ) The 30-day notification period is calculated from the date of receipt by the applicant, permittee, or licensee being notified. If notification is by mail, this date may be ascertained by: ( A ) The return receipt on certified mail; ( B ) The enclosure of a card to be dated and returned by the recipient; or ( C ) A conservative estimate of the time required for the mail to reach its destination. In the last case, the estimated date when the 30-day period would expire should be stated in the notification. ( vi ) An expedited prior coordination period (less than 30 days) may be requested when deemed necessary by a notifying party. The coordination notice should be identified as “expedited” and the requested response date should be clearly indicated. However, circumstances preventing a timely response from the receiving party should be accommodated accordingly. It is the responsibility of the notifying party to receive written concurrence (or verbal, with written to follow) from affected parties or their coordination representatives. ( vii ) All technical problems that come to light during coordination must be resolved unless a statement is included with the application to the effect that the applicant is unable or unwilling to resolve the conflict and briefly the reason therefor; ( viii ) Where a number of technical changes become necessary for a system during the course of coordination, an attempt should be made to minimize the number of separate notifications for these changes. Where the changes are incorporated into a completely revised notice, the items that were changed from the previous notice should be identified. When changes are not numerous or complex, the party receiving the changed notification should make an effort to respond in less than 30 days. When the notifying party believes a shorter response time is reasonable and appropriate, it may be helpful for that party to so indicate in the notice and perhaps suggest a response date; ( ix ) If, after coordination is successfully completed, it is determined that a subsequent change could have no impact on some parties receiving the original notification, these parties must be notified of the change and of the coordinator's opinion that no response is required; ( x ) Applicants, permittees and licensees should supply to all other applicants, permittees and licensees within their areas of operations, the name, address and telephone number of their coordination representatives. Upon request from coordinating applicants, permittees and licensees, data and information concerning existing or proposed facilities and future growth plans in the area of interest should be furnished unless such request is unreasonable or would impose a significant burden in compilation; ( xi ) Parties should keep other parties with whom they are coordinating advised of changes in plans for facilities previously coordinated. If applications have not been filed 6 months after coordination was initiated, parties may assume that such frequency use is no longer desired unless a second notification has been received within 10 days of the end of the 6 month period. Renewal notifications are to be sent to all originally notified parties, even if coordination has not been successfully completed with those parties; and ( xii ) Any frequency reserved by a licensee for future use in the bands subject to this part must be released for use by another licensee, permittee or applicant upon a showing by the latter that it requires an additional frequency and cannot coordinate one that is not reserved for future use. ( e ) Where frequency conflicts arise between co-pending applications in the Private Operational Fixed Point-to-Point Microwave, Common Carrier Fixed Point-to-Point Microwave and Local Television Transmission Services, it is the obligation of the later filing applicant to amend his application to remove the conflict, unless it can make a showing that the conflict cannot be reasonably eliminated. Where a frequency conflict is not resolved and no showing is submitted as to why the conflict cannot be resolved, the Commission may grant the first filed application and dismiss the later filed application(s) after giving the later filing applicant(s) 30 days to respond to the proposed action. ( f ) ( 1 ) Coordination and information sharing between MVDDS and NGSO FSS licensees in the 12.2 GHz to 12.7 GHz band. Prior to the construction or addition of an MVDDS transmitting antenna in this frequency band, the MVDDS licensee shall provide notice of intent to construct the proposed antenna site to NGSO FSS licensees operating in the 12.2-12.7 GHz frequency band and maintain an Internet web site of all existing transmitting sites and transmitting antennas that are scheduled for operation within one year including the “in service” dates. In addition to the location of a proposed new transmitting antenna, MVDDS licensees shall provide to the NGSO FSS licensees a technical description of the operating characteristics of the proposed transmission facility. At a minimum, the following information must be included in each notification: ( i ) Name of MVDDS licensee; ( ii ) Geographic location (including NAD83 coordinates) of proposed MVDDS transmitting antenna; ( iii ) Maximum EIRP per 24 MHz; ( iv ) Height above average terrain of the transmitting antenna; ( v ) Type of antenna to be utilized; ( vi ) Main beam azimuth and altitude orientation for the proposed transmitting antenna; ( vii ) Theoretically modeled antenna radiation pattern; ( viii ) Type(s) of emissions, and; ( ix ) Description of the proposed service area. ( 2 ) If the proposed MVDDS antenna site does not meet the minimum spacing requirements on the date of original notification or on subsequent annual anniversary dates of non-operation as set forth in § 101.129 , then the MVDDS licensee shall not construct the proposed transmission facility unless all NGSO FSS licensees having active subscribers within the minimum separation distance agree to a shorter spacing. Nothing in this section shall preclude MVDDS and NGSO FSS licensees from agreeing to accept the siting of new MVDDS transmitting antennas that do no meet the minimum distance set forth in § 101.129 . Incumbent point-to-point licensees' (those not licensed as MVDDS) facilities are to be operated in the band 12,200-12,700 MHz following the procedures, technical standards, and requirements of § 101.105 in order to protect stations providing Direct Broadcast Satellite Service. ( g ) Licensees operating in Basic Trading Areas authorized in the Local Multipoint Distribution Service. ( 1 ) When the transmitting facilities in a Basic Trading Area (BTA) are to be operated in the bands 29,100-29,250 MHz and 31,000-31,300 MHz and the facilities are located within 20 kilometers of the boundaries of a BTA, each licensee must complete the frequency coordination process of paragraph (d)(2) of this section with respect to neighboring BTA licensees that may be affected by its operations prior to initiating service. In addition, all licensed transmitting facilities operating in the bands 31,000-31,075 MHz and 31,225-31,300 MHz and located within 20 kilometers of neighboring facilities must complete the frequency coordination process of paragraph (d)(2) of this section with respect to such authorized operations before initiating service. ( 2 ) Response to notification should be made as quickly as possible, even if no technical problems are anticipated. Any response to notification indicating potential interference must specify the technical details and must be provided to the applicant, either electronically or in writing, within the 30-day notification period. Every reasonable effort should be made by all licensees to eliminate all problems and conflicts. If no response to notification is received within 30 days, the licensee will be deemed to have made reasonable efforts to coordinate and commence operation without a response. The beginning of the 30-day period is determined pursuant to paragraph (d)(2)(v) of this section. ( h ) Special requirements for operations in the band 29,100-29,250 MHz. ( 1 ) ( i ) Local Multipoint Distribution Service (LMDS) receive stations operating on frequencies in the 29,100-29,250 MHz band within a radius of 75 nautical miles of the geographic coordinates provided by a non-GSO-MSS licensee pursuant to § 101.113(c)(2) or (c)(3)(i) (the “feeder link earth station complex protection zone”) shall accept any interference caused to them by such earth station complexes and shall not claim protection from such earth station complexes. ( ii ) LMDS licensees operating on frequencies in the 29,100-29,250 MHz band outside a feeder link earth station complex protection zone shall cooperate fully and make reasonable efforts to resolve technical problems with the non-GSO MSS licensee to the extent that transmissions from the non-GSO MSS operator's feeder link earth station complex interfere with an LMDS receive station. ( 2 ) No more than 15 days after the release of a public notice announcing the commencement of LMDS auctions, feeder link earth station complexes to be licensed pursuant to § 25.257 of this chapter shall be specified by a set of geographic coordinates in accordance with the following requirements: no feeder link earth station complex may be located in the top eight (8) metropolitan statistical areas (MSAs), ranked by population, as defined by the Office of Management and Budget as of June 1993, using estimated populations as of December 1992; two (2) complexes may be located in MSAs 9 through 25, one of which must be Phoenix, AZ (for a complex at Chandler, AZ); two (2) complexes may be located in MSAs 26 to 50; three (3) complexes may be located in MSAs 51 to 100, one of which must be Honolulu, Hawaii (for a complex at Waimea); and the three (3) remaining complexes must be located at least 75 nautical miles from the borders of the 100 largest MSAs or in any MSA not included in the 100 largest MSAs. Any location allotted for one range of MSAs may be taken from an MSA below that range. ( 3 ) ( i ) Any non-GSO MSS licensee may at any time specify sets of geographic coordinates for feeder link earth station complexes with each earth station contained therein to be located at least 75 nautical miles from the border of the 100 largest MSAs. ( ii ) For purposes of paragraph (h)(3)(i) of this section, non-GSO MSS feeder link earth station complexes shall be entitled to accommodation only if the affected non-GSO MSS licensee preapplies to the Commission for a feeder link earth station complex or certifies to the Commission within sixty days of receiving a copy of an LMDS application that it intends to file an application for a feeder link earth station complex within six months of the date of receipt of the LMDS application. ( iii ) If said non-GSO MSS licensee application is filed later than six months after certification of the Commission, the LMDS and non-GSO MSS entities shall still cooperate fully and make reasonable efforts to resolve technical problems, but the LMDS licensee shall not be obligated to re-engineer its proposal or make changes to its system. ( 4 ) LMDS licensees or applicants proposing to operate hub stations on frequencies in the 29,100-29,250 MHz band at locations outside of the 100 largest MSAs or within a distance of 150 nautical miles from a set of geographic coordinates specified under paragraphs (h)(2) or (h)(3)(i) of this section shall serve copies of their applications on all non-GSO MSS applicants, permittees or licensees meeting the criteria specified in § 25.257(a) . Non-GSO MSS licensees or applicants shall serve copies of their feeder link earth station applications, after the LMDS auction, on any LMDS applicant or licensee within a distance of 150 nautical miles from the geographic coordinates that it specified under § 101.113(c)(2) or (c)(3)(i) . Any necessary coordination shall commence upon notification by the party receiving an application to the party who filed the application. The results of any such coordination shall be reported to the Commission within sixty days. The non-GSO MSS earth station licensee shall also provide all such LMDS licensees with a copy of its channel plan. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23165 , Apr. 29, 1997; 63 FR 6105 , Feb. 6, 1998; 63 FR 9448 , Feb. 25, 1998; 63 FR 14039 , Mar. 24, 1998; 63 FR 68983 , Dec. 14, 1998; 64 FR 45893 , Aug. 23, 1999; 65 FR 38328 , June 20, 2000; 67 FR 43037 , June 26, 2002; 76 FR 59571 , Sept. 27, 2011; 81 FR 79944 , Nov. 14, 2016] § 101.105 Interference protection criteria. ( a ) The interference protection criteria for fixed stations subject to this part are as follows: ( 1 ) To long-haul analog systems, employing frequency modulated radio and frequency division multiplexing to provide multiple voice channels, the allowable interference level per exposure: ( i ) Due to co-channel sideband-to-sideband interference must not exceed 5 pwpO (Picowatts of absolute noise power psophometrically weighted (pwpO), appearing in an equivalent voice band channel of 300-3400 Hz); or ( ii ) Due to co-channel carrier-beat interference must not exceed 50 pwpO. ( 2 ) To short-haul analog systems employing frequency modulated radio and frequency division multiplexing to provide multiple voice channels, the allowable interference level per exposure: ( i ) Due to co-channel sideband-to-sideband interference must not exceed 25 pwpO except in the 952-960 MHz band interference into single link fixed relay and control stations must not exceed 250 pwpO per exposure; or ( ii ) Due to co-channel carrier-beat interference must not exceed 50 pwpO except in the 952-960 MHz band interference into single link fixed relay and control stations must not exceed 1000 pwpO per exposure. ( 3 ) FM-TV. In analog systems employing frequency modulated radio that is modulated by a standard, television (visual) signal, the allowable interference level per exposure may not exceed the levels which would apply to long-haul or short-haul FM-FDM systems, as outlined in paragraphs (b) (1) and (2) of this section, having a 600-1200 voice channel capacity. ( 4 ) 12.2-12.7 GHz band. ( i ) To accommodate co-primary NGSO FSS earth stations in the 12.2-12.7 GHz band, the PFD of an MVDDS transmitting system must not exceed −135 dBW/m 2 in any 4 kHz band at a reference point at the surface of the earth at a distance greater than 3 kilometers from the MVDDS transmitting antenna. ( ii ) To accommodate co-primary Direct Broadcast Satellite Service earth stations, an MVDDS transmitting system must not exceed the EPFD levels specified in paragraph (a)(4)(ii)(B) of this section at any DBS subscriber location in accordance with the procedures listed in § 101.1440 of this part . ( A ) Definition of equivalent power flux density: The equivalent power flux density (EPFD) is the power flux density produced at a direct broadcast service (DBS) receive earth station, taking into account shielding effects and the off-axis discrimination of the receiving antenna assumed to be pointing at the appropriate DBS satellite(s) from the transmitting antenna of a multichannel video distribution and data service (MVDDS) transmit station. The EPFD in dBW/m 2 in the reference bandwidth is calculated using the following formula: Where: P out = Total output power of the MVDDS transmitter (watts) into antenna Gm ( θ m , φ m = Gain of the MVDDS antenna in the direction of the DBS earth station G e ( θ e , φ e = Gain of the earth station in the direction of the MVDDS antenna I = Interference scaling factor for the earth station (1 dB for MVDDS transmitters employing the modulation discussed in Section 3.1.5 of the MITRE Report ( i.e., a QPSK modulated signal passed through a square-root raised cosine filter). For other modulation and filtering schemes, the interference scaling factor can be measured using the procedures described in Appendix A of the MITRE Report available at http://www.fcc.gov/oet/info/mitrereport/mitrereport_4_01.pdf ). G e, max = Maximum gain of the DBS earth station d = the distance between the MVDDS transmitting antenna and the DBS earth station (meters) ( B ) Regional equivalent power flux density levels: ( 1 ) −168.4 dBW/m 2 /4kHz in the Eastern region consisting of the District of Columbia and the following states: Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, West Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, and Florida; ( 2 ) −169.8 dBW/m 2 /4kHz in the Midwestern region consisting of the following states: Ohio, Michigan, Indiana, Wisconsin, Illinois, Minnesota, Iowa, Missouri, Arkansas, South Dakota, Nebraska, Kansas, Oklahoma, and Texas; ( 3 ) −171.0 dBW/m 2 /4kHz in the Southwestern region consisting of the following states: Wyoming, Colorado, New Mexico, Utah, Arizona, Nevada, and California (south of 37° North Latitude); ( 4 ) −172.1 dBW/m 2 /4kHz in the Northwestern region consisting of the following states: Washington, Oregon, California (north of 37° North Latitude), Idaho, Montana, North Dakota, Alaska, and Hawaii. ( iii ) Except for public safety entities, harmful interference protection from MVDDS stations to incumbent point-to-point 12 GHz fixed stations is not required. Incumbent point-to-point private operational fixed 12 GHz stations, except for public safety entities, are required to protect MVDDS stations under the process described in § 101.103(d) of this part . ( 5 ) 71,000-76,000 MHz; 81,000-86,000 MHz. In these bands the following interference criteria shall apply: ( i ) For receivers employing digital modulation: based upon manufacturer data and following TSB 10-F or other generally acceptable good engineering practice, for each potential case of interference a threshold-to-interference ratio (T/I) shall be determined that would cause 1.0 dB of degradation to the static threshold of the protected receiver. For the range of carrier power levels (C) between the clear-air (unfaded) value and the fully-faded static threshold value, in no case shall interference cause C/I to be less than the T/I so determined unless it can be shown that the availability of the affected receiver would still be acceptable despite the interference. ( ii ) For receivers employing analog modulation: manufacturer data or industry criteria will specify a baseband signal-to-noise requirement (S/N) of the receiver that will result in acceptable signal quality for continuous operation. Following TSB 10-F or other generally acceptable good engineering practice, for each potential case of interference a C/I objective shall be calculated to ensure that this S/N will not be degraded by more than 1.0 dB. For the range of carrier power levels (C) between the clear-air (unfaded) value and the fully-faded threshold value, in no case shall interference cause the C/I to be less than the objective so determined unless it can be shown that the signal quality and availability of the affected receiver would still be acceptable despite the interference. ( 6 ) 92,000-94,000 MHz; 94,100-95,000 MHz. In these bands prior links shall be protected to a threshold-to-interference ratio (T/I) level of 1.0 dB of degradation to the static threshold of the protected receiver. Any new link shall not decrease a previous link's desired-to-undesired (D/U) signal ratio below a minimum of 36 dB, unless the earlier link's licensee agrees to accept a lower D/U. ( 7 ) All stations operating under this part must protect the radio quiet zones as required by § 1.924 of this chapter . Stations authorized by competitive bidding are cautioned that they must receive the appropriate approvals directly from the relevant quiet zone entity prior to operating. ( b ) In addition to the requirements of paragraph (a) of this section the adjacent channel interference protection criteria to be afforded, regardless of system length, or type of modulation, multiplexing, or frequency band, must be such that the interfering signal does not produce more than 1.0 dB degradation of the practical threshold of the protected receiver. The “practical threshold” of the protected receiver can be based upon the definition in TSB 10, referenced in paragraph (c) of this section, or upon alternative generally acceptable good engineering standards. ( c ) Applying the criteria. ( 1 ) Guidelines for applying the interference protection criteria for fixed stations subject to this part are specified in the Telecommunications Industry Association's Telecommunications Systems Bulletin TSB 10, “Interference Criteria for Microwave Systems” (TSB 10). Other procedures that follow generally acceptable good engineering practices are also acceptable to the Commission. ( 2 ) If TSB 10 guidelines cannot be used, the following interference protection criteria may be used by calculating the ratio in dB between the desired (carrier signal) and the undesired (interfering) signal (C/I ratio) appearing at the input to the receiver under investigation (victim receiver). Except as provided in § 101.147 where the applicant's proposed facilities are of a type not included in paragraphs (a) and (b) of this section or where the development of the carrier-to-interference (C/I) ratio is not covered by generally acceptable procedures, or where the applicant does not wish to develop the carrier-to-interference ratio, the applicant must, in the absence of criteria or a developed C/I ratio, employ the following C/I protection ratios: ( i ) Co-Channel Interference. Both side band and carrier-beat, applicable to all bands; the existing or previously authorized system must be afforded a carrier to interfering signal protection ratio of at least 90 dB, except in the 952-960 MHz band where it must be 75dB, and in the 71,000-76,000 MHz and 81,000-86,000 MHz bands where the criteria in paragraph (a)(5) of this section applies, and in the 92,000-94,000 MHz and 94,100-95,000 MHz bands, where the criteria in paragraph (a)(6) of this section applies; or ( ii ) Adjacent Channel Interference. Applicable to all bands; the existing or previously authorized system must be afforded a carrier to interfering signal protection ratio of at least 56 dB, except in the 71,000-76,000 MHz and 81,000-86,000 MHz bands where the criteria in paragraph (a)(5) of this section applies, and in the 92,000-94,000 MHz and 94,100-95,000 MHz bands, where the criteria in paragraph (a)(6) of this section applies. ( 3 ) Applicants for frequencies listed in § 101.147(b)(1) through (4) must make the following showings that protection criteria have been met over the entire service area of existing systems. Such showings may be made by the applicant or may be satisfied by a statement from a frequency coordinator. ( i ) For site-based multiple address stations in the 928-929/952-960 MHz and the 932-932.5/941-941.5 MHz bands, a statement that the proposed system complies with the following co-channel separations from all existing stations and pending applications: Fixed-to-fixed—145 km; Fixed-to-mobile—113 km; Mobile-to-mobile—81 km Note to paragraph ( c )(3)( i ): Multiple address systems employing only remote stations will be treated as mobile for the purposes of determining the appropriate separation. For mobile operation, the mileage is measured from the reference point specified on the license application. For fixed operation on subfrequencies in accordance with § 101.147 the mileage also is measured from the reference point specified on the license application. ( ii ) In cases where the geographic separation standard in paragraph (c)(3)(i) of this section is not followed, an engineering analysis must be submitted to show the coordination of the proposed assignment with existing systems located closer than those standards. The engineering analyses will include: ( A ) Specification of the interference criteria and system parameters used in the interference study; ( B ) Nominal service areas of each system included in the interference analysis; ( C ) Modified service areas resulting from the proposed system. The propagation models used to establish the service boundary limits must be specified and any special terrain features considered in computing the interference impact should be described; and ( D ) A statement that all parties affected have agreed to the engineering analysis and will accept the calculated levels of interference. ( iii ) MAS EA licensees shall provide protection in accordance with § 101.1333 . ( 4 ) Multiple address systems operating on subfrequencies in accordance with § 101.147 that propose to operate master stations at unspecified locations must define the operating area by a radius about a geographical coordinate and describe how interference to co-channel users will be controlled. ( 5 ) Multiple address frequencies in the 956.25-956.45 MHz bands may be assigned for use by mobile master stations on a primary basis. Multiple address frequencies in the 941.0-941.5 MHz bands that are licensed on a site-by-site basis and the 952 MHz bands may be assigned for use by primary mobile master stations on a case-by-case basis if the 956.25-956.45 MHz frequencies are unavailable. Multiple address mobile (master and remote) operation is permitted on frequencies licensed by geographic area subject to the interference protection criteria set forth in § 101.1333 , i.e., adjacent channel site-based licensees and co-channel operations in adjacent EAs. Mobile operation in the 959.85-960 MHz band is not permitted. ( 6 ) Each application for new or modified nodal station on channels numbered 4A, 4B, 7, 9, and 19/20 in the 10.6 GHz band must demonstrate that all existing co-channel stations are at least 56 kilometers from the proposed nodal station site. Applicants for these channels must certify that all licensees and applicants for stations on the adjacent channels within 56 kilometers of the proposed nodal station have been notified of the proposed station and do not object. Alternatively, or if one of the affected adjacent channel interests does object, the applicant may show that all affected adjacent channel parties are provided a C/I protection ratio of 0 dB. An applicant proposing to operate at an AAT greater than 91 meters must reduce its EIRP in accordance with the following table; however, in no case may EIRP exceed 70 dBm on the 10.6 GHz channels: AAT (meters) EIRP dBm Above 300 + 38 251 to 300 41 201 to 250 43 151 to 200 49 101 to 150 55 100 and below 85 ( 7 ) Each application for new or modified nodal station on channels numbered 21, 22, 23, and 24 in the 10.6 GHz band must include an analysis of the potential for harmful interference to all other licensed and previously applied for co-channel and adjacent channel stations located within 80 kilometers of the location of the proposed station. The criteria contained in § 101.103(d)(2) must be used in this analysis. Applicants must certify that copies of this analysis have been served on all parties which might reasonably be expected to receive interference above the levels set out in § 101.103(d)(2) within 5 days of the date the subject application is filed with the Commission. ( 8 ) If the potential interference will exceed the prescribed limits, a statement shall be submitted with the application for new or modified stations to the effect that all parties have agreed to accept the higher level of interference. ( d ) Effective August 1, 1985, when a fixed station that conforms to the technical standards of this subpart (or, in the case of the 12,200-12,700 MHz band, for an incumbent non-MVDDS station or a direct broadcast satellite station) receives or will receive interference in excess of the levels specified in this section as a result of an existing licensee's use of non-conforming equipment authorized between July 20, 1961 and July 1, 1976, and the interference would not result if the interfering station's equipment complied with the current technical standards, the licensee of the non-conforming station must take whatever steps are necessary to correct the situation up to the point of installing equipment which fully conforms to the technical standards of this subpart. In such cases, if the engineering analysis demonstrates that: ( 1 ) The conforming station would receive interference from a non-conforming station in excess of the levels specified in this section; and ( 2 ) The interference would be eliminated if the non-conforming equipment were replaced with equipment which complies with the standards of this subpart, the licensee (or prospective licensee) of the station which would receive interference must provide written notice of the potential interference to both the non-conforming licensee and the Commission's office in Gettysburg, PA. The non-conforming licensee must make all required equipment changes within 180 days from the date of official Commission notice informing the licensee that it must upgrade its equipment, unless an alternative solution has been agreed to by all parties involved in the interference situation. If a non-conforming licensee fails to make all required changes within the specified period of time, the Commission may require the licensee to suspend operation until the changes are completed. ( e ) Interference dispute resolution procedures. Should a licensee licensed under this part receive harmful interference from another licensee licensed under this chapter, the parties involved shall comply with the dispute resolution procedures set forth herein: ( 1 ) The licensee experiencing the harmful interference shall notify the licensee believed to be causing the harmful interference and shall supply information describing its problem and supporting its claim; ( 2 ) Upon receipt of the harmful interference notice, the licensee alleged to be causing the harmful interference shall respond immediately and make every reasonable effort to identify and resolve the conflict; and ( 3 ) Licensees are encouraged to resolve the harmful interference prior to contacting the Commission. [ 61 FR 26677 , May 28, 1996, as amended at 63 FR 68983 , Dec. 14, 1998; 65 FR 17449 , Apr. 3, 2000; 65 FR 38329 , June 20, 2000; 65 FR 59358 , Oct. 5, 2000; 66 FR 35110 , July 3, 2001; 67 FR 43038 , June 28, 2002; 69 FR 31746 , June 7, 2004; 70 FR 29996 , May 25, 2005] § 101.107 Frequency tolerance. ( a ) The carrier frequency of each transmitter authorized in these services must be maintained within the following percentage of the reference frequency except as otherwise provided in paragraph (b) of this section or in the applicable subpart of this part (unless otherwise specified in the instrument of station authorization the reference frequency will be deemed to be the assigned frequency): Frequency (MHz) Frequency tolerance (percent) 928 to 929 5 0.0005 932 to 932.5 0.00015 932.5 to 935 0.00025 941 to 941.5 0.00015 941.5 to 944 0.00025 952 to 960 5 0.0005 1,850 to 1,990 0.002 2,110 to 2,200 0.001 2,450 to 2,500 1 0.001 3,700 to 4,200 1 0.005 5,925 to 6,875 1 0.005 6,875 to 7,125 1 0.005 10,550 to 11,700 1 2 0.005 11,700 to 12,200 1 0.005 12,200 to 13,250 4 0.005 14,200 to 14,400 0.03 17,700 to 18,820 3 0.003 18,820 to 18,920 3 0.001 928 to 929 5 0.0005 18,920 to 19,700 3 0.003 19,700 to 27,500 4 7 0.001 29,100 to 29,250 0.001 31,000 to 31,300 6 0.001 31,300 to 40,000 4 0.03 71,000 to 76,000 8 81,000 to 86,000 8 92,000 to 95,000 8 1 Applicable only to common carrier LTTS stations. Tolerance for 2450-2500 MHz is 0.005%. Beginning Aug. 9, 1975, this tolerance will govern the marketing of LTTS equipment and the issuance of all such authorizations for new radio equipment. Until that date new equipment may be authorized with a frequency tolerance of .03% in the frequency range 2,200 to 10,500 MHz and .05% in the range 10,500 MHz to 12,200 MHz, and equipment so authorized may continue to be used for its life provided that it does not cause interference to the operation of any other licensee. Beginning March 1, 2005, new LTTS operators will not be licensed and existing LTTS licensees will not be renewed in the 11.7-12.2 GHz band. 2 See subpart G of this part for the stability requirements for transmitters used in the Digital Electronic Message Service. 3 Existing type accepted equipment with a frequency tolerance of ±0.03% may be marketed until December 1, 1988. Equipment installed and operated prior to December 1, 1988 may continue to operate after that date with a minimum frequency tolerance of ±0.03%. However, the replacement of equipment requires that the current tolerance be met. 4 Applicable to private operational fixed point-to-point microwave and stations providing MVDDS. 5 For private operational fixed point-to-point microwave systems, with a channel greater than or equal to 50 KHz bandwidth, ±0.0005%; for multiple address master stations, regardless of bandwidth, ±0.00015%; for multiple address remote stations with 12.5 KHz bandwidths, ±0.00015%; for multiple address remote stations with channels greater than 12.5 KHz bandwidth, ±0.0005%. 6 For stations authorized prior to March 11, 1997, transmitter tolerance shall not exceed 0.03%. 7 The frequency tolerance for stations authorized on or before April 1, 2005 is 0.03%. Existing licensees and pending applicants on that date may continue to operate after that date with a frequency tolerance of 0.03%, provided that it does not cause harmful interference to the operation of any other licensee. For analog systems, if the channel bandwidth is greater than 30 MHz up to 50 MHz, the frequency tolerance standard will be 0.03%; if the channel bandwidth is 30 MHz or less, then the frequency tolerance standard will be 0.003%. This analog standard is conditional provided that harmful interference is not caused to digital stations operating within the 0.001% tolerance standards. If harmful interference is caused to stations operating with the more stringent standard, the onus shall be on the operators with the less stringent parameters to develop an engineering solution to the problem. For exceptions, see § 101.147 and § 101.507 . 8 Equipment authorized to be operated in the 71,000-76,000 MHz, 81,000-86,000 MHz, 92,000-94,000 MHz and 94,100-95,000 MHz bands is exempt from the frequency tolerance requirement noted in the table of paragraph (a) of this section. ( b ) Heterodyne microwave radio systems may be authorized at a somewhat less restrictive frequency tolerance (up to .01 percent) to compensate for frequency shift caused by numerous repeaters between base band signal insertion. Where such relaxation is sought, applicant must provide all calculations and indicate the desired tolerance over each path. In such instances the radio transmitters and receivers used must individually be capable of complying with the tolerance specified in paragraph (a) of this section. Heterodyne operation is restricted to channel bandwidth of 10 MHz or greater. ( c ) As an additional requirement in any band where the Commission makes assignments according to a specified channel plan, provisions must be made to prevent the emission included within the occupied bandwidth from radiating outside the assigned channel at a level greater than that specified in § 101.111 . [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23167 , Apr. 29, 1997; 63 FR 6105 , Feb. 6, 1998; 63 FR 9448 , Feb. 25, 1998; 63 FR 14039 , Mar. 24, 1998; 63 FR 36611 , July 7, 1998; 66 FR 35110 , July 3, 2001; 67 FR 43038 , June 26, 2002; 68 FR 4956 , Jan. 31, 2003; 69 FR 3266 , Jan. 23, 2004; 69 FR 16832 , Mar. 31, 2004; 70 FR 4787 , Jan. 31, 2005; 76 FR 59572 , Sept. 27, 2011; 81 FR 79945 , Nov. 14, 2016] § 101.109 Bandwidth. ( a ) Each authorization issued pursuant to these rules will show, as the emission designator, a symbol representing the class of emission which must be prefixed by a number specifying the necessary bandwidth. This figure does not necessarily indicate the bandwidth actually occupied by the emission at any instant. In those cases where part 2 of this chapter does not provide a formula for the computation of the necessary bandwidth, the occupied bandwidth may be used in the emission designator. ( b ) Stations in this service will be authorized any type of emission, method of modulation, and transmission characteristic, consistent with efficient use of the spectrum and good engineering practice, except that Type B, damped-wave emission will not be authorized. ( c ) The maximum bandwidth which will be authorized per frequency assigned is set out in the table that follows. Regardless of the maximum authorized bandwidth specified for each frequency band, the Commission reserves the right to issue a license for less than the maximum bandwidth if it appears that a lesser bandwidth would be sufficient to support an applicant's intended communications. Frequency band (MHz) Maximum authorized bandwidth 928 to 929 25 kHz 1 5 6 932 to 932.5, 941 to 941.5 12.5 kHz 1 5 6 932.5 to 935, 941.5 to 944 200 kHz 1 952 to 960 200 KHz 1 5 6 1,850 to 1,990 10 MHz 1 2,110 to 2,130 3.5 MHz 2,130 to 2,150 800 or 1600 KHz 1 2,150 to 2,160 10 MHz 2,160 to 2,180 3.5 MHz 2,180 to 2,200 800 or 1600 KHz 1 2,450 to 2,483.5 625 KHz 2 2,483.5 to 2,500 800 KHz 3,700 to 4,200 20 MHz 5,925 to 6,425 1 60 6,425 to 6,525 25 MHz 6,525 to 6,875 30 MHz. 1 6,875 to 7,125 25 MHz 1 10,550 to 10,680 5 MHz 1 10,700 to 11,700 1 80 12,200 to 12,700 8 500 megahertz 12,700 to 13,150 50 MHz 13,200 to 13,250 25 MHz 17,700 to 18,140 220 MHz 1 18,140 to 18,142 2 MHz 18,142 to 18,580 6 MHz 18,580 to 18,820 20 MHz 1 18,820 to 18,920 10 MHz 18,920 to 19,160 20 MHz 1 19,160 to 19,260 10 MHz 19,260 to 19,700 220 MHz 1 21,200 to 23,600 50 MHz 1 4 24,250 to 25,250 40 MHz 7 29,100 to 29,250 150 MHz 31,000 to 31,075 75 MHz 31,075 to 31,225 150 MHz 31,225 to 31,300 75 MHz 71,000 to 76,000 5000 MHz 81,000 to 86,000 5000 MHz 92,000 to 95,000 ( 3 ) 1 The maximum bandwidth that will be authorized for each particular frequency in this band is detailed in the appropriate frequency table in § 101.147 . If contiguous channels are aggregated in the 928-928.85/952-952.85/956.25-956.45 MHz, the 928.85-929/959.85-960 MHz, or the 932-932.5/941-941.5 MHz bands, then the bandwidth may exceed that which is listed in the table. 2 1250 KHz, 1875 KHz, or 2500 KHz on a case-by-case basis. 3 To be specified in authorization. For the band 92 to 95 GHz, maximum bandwidth is licensed in one segment of 2 GHz from 92-94 GHz and one 0.9 GHz segment from 94.1 to 95 GHz, or the total of the loaded band if smaller than the assigned bandwidth. 4 For exceptions, see § 101.147(s) . 5 A 12.5 kHz bandwidth applies only to frequencies listed in § 101.147(b)(1) through (4) . 6 For frequencies listed in § 101.147(b)(1) through (4) , consideration will be given on a case-by-case basis to authorizing bandwidths up to 50 kHz. 7 For channel block assignments in the 24,250-25,250 MHz band, the authorized bandwidth is equivalent to an unpaired channel block assignment or to either half of a symmetrical paired channel block assignment. When adjacent channels are aggregated, equipment is permitted to operate over the full channel block aggregation without restriction. Note to footnote 7: Unwanted emissions shall be suppressed at the aggregate channel block edges based on the same roll-off rate as is specified for a single channel block in § 101.111(a)(1) or in § 101.111(a)(2)(ii) and (iii) as appropriate. 8 For incumbent private operational fixed point-to-point stations in this band (those not licensed as MVDDS), the maximum bandwidth shall be 20 MHz. [ 61 FR 26677 , May 28, 1996, as amended at 61 FR 44181 , Aug. 28, 1996; 62 FR 23167 , Apr. 29, 1997; 62 FR 24582 , May 6, 1997; 63 FR 6105 , Feb. 6, 1998; 65 FR 17449 , Apr. 3, 2000; 65 FR 38329 , June 20, 2000; 65 FR 59358 , Oct. 5, 2000; 67 FR 43038 , June 26, 2002; 68 FR 4956 , Jan. 31, 2003; 69 FR 3266 , Jan. 23, 2004; 70 FR 29997 , May 25, 2005; 75 FR 41771 , July 19, 2010; 76 FR 59572 , Sept. 27, 2011; 77 FR 54432 , Sept. 5, 2012; 81 FR 79945 , Nov. 14, 2016] § 101.111 Emission limitations. ( a ) The mean power of emissions must be attenuated below the mean output power of the transmitter in accordance with the following schedule: ( 1 ) When using transmissions other than those employing digital modulation techniques: ( i ) On any frequency removed from the assigned frequency by more than 50 percent up to and including 100 percent of the authorized bandwidth: At least 25 decibels; ( ii ) On any frequency removed from the assigned frequency by more than 100 percent up to and including 250 percent of the authorized bandwidth: At least 35 decibels; ( iii ) On any frequency removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 + 10 Log 10 (mean output power in watts) decibels, or 80 decibels, whichever is the lesser attenuation. ( 2 ) When using transmissions employing digital modulation techniques (see § 101.141(b) ) in situations not covered in this section: ( i ) For operating frequencies below 15 GHz, in any 4 KHz band, the center frequency of which is removed from the assigned frequency by more than 50 percent up to and including 250 percent of the authorized bandwidth: As specified by the following equation but in no event less than 50 decibels: A = 35 + 0.8(P −50) + 10 Log10 B. (Attenuation greater than 80 decibels or to an absolute power of less than −13 dBm/1MHz is not required.) where: A = Attenuation (in decibels) below the mean output power level. P = Percent removed from the center frequency of the transmitter bandwidth. B = Authorized bandwidth in MHz. Note: MVDDS operations in the 12.2-12.7 GHz band shall use 24 megahertz for the value of B in the emission mask equation set forth in this section. The emission mask limitation shall only apply at the 12.2-12.7 GHz band edges and does not restrict MVDDS channelization bandwidth within the band. ( ii ) For operating frequencies above 15 GHz, in any 1 MHz band, the center frequency of which is removed from the assigned frequency by more than 50 percent up to and including 250 percent of the authorized bandwidth: As specified by the following equation but in no event less than 11 decibels: A = 11 + 0.4(P−50) + 10 Log 10 B. (Attenuation greater than 56 decibels or to an absolute power of less than −13 dBm/1MHz is not required.) ( iii ) In any 1 MHz band, the center frequency of which is removed from the assigned frequency by more than 250 percent of the authorized bandwidth: At least 43 + 10 Log 10 (the mean output power in watts) decibels, or 80 decibels, whichever is the lesser attenuation. The authorized bandwidth includes the nominal radio frequency bandwidth of an individual transmitter/modulator in block-assigned bands. Equipment licensed prior to April 1, 2005 shall only be required to meet this standard in any 4 kHz band. ( iv ) The emission mask for LMDS and the 24 GHz Service shall use the equation in paragraph (a)(2)(ii) of this section and apply it only to the band edge of each block of spectrum, but not to subchannels established by licensees. The value of P in the equation is the percentage removed from the carrier frequency and assumes that the carrier frequency is the center of the actual bandwidth used. The emission mask can be satisfied by locating a carrier of the subchannel sufficiently far from the channel edges so that the emission levels of the mask are satisfied. The LMDS or 24 GHz emission mask shall use a value B (bandwidth) of 40 MHz, for all cases even in the case where a narrower subchannel is used (for instance the actual bandwidth is 10 MHz) and the mean output power used in the calculation is the sum of the output power of a fully populated channel. For block assigned channels, the out-of-band emission limits apply only outside the assigned band of operation and not within the band. ( v ) The emission mask for the 71-76 GHz, 81-86 GHz, 92-94 GHz, and 94.1-95 GHz bands used in the equation in paragraph (a)(2)(ii) of this section applies only to the edge of each channel, but not to sub-channels established by licensees. The value of P in the equation is for the percentage removed from the carrier frequency and assumes that the carrier frequency is the center of the actual bandwidth used. The value of B will always be 500 MHz. In the case where a narrower sub-channel is used within the assigned bandwidth, such sub-carrier will be located sufficiently far from the channel edges to satisfy the emission levels of the mask. The mean output power used in the calculation is the sum of the output power of a fully populated channel. ( vi ) ( A ) In order to protect Federal Earth Exploration-Satellite Service (passive), aeronautical and maritime endpoints in motion operating in the 70 and 80 GHz bands must comply with the following limits: ( 1 ) Ground-to-air transmissions shall not exceed an unwanted emission level of -38.5 dBW per 100 MHz in any portion of the 86-92 GHz passive band; ( 2 ) Air-to-air, ship-to-shore, and aerostat-to-shore transmissions shall not exceed an unwanted emission level of −29.7 dBW per 100 MHz in any portion of the 86-92 GHz passive band. ( B ) Any changes to system specifications, operations, or deployment scenarios for aeronautical or maritime end points in motion shall be pre-coordinated with NTIA and affected Federal agencies, and licensees of aeronautical or maritime end points in motion must cooperate fully with any updates to the required unwanted emission limits that may result from these modifications. ( 3 ) For Digital Termination System channels used in the Digital Electronic Message Service (DEMS) operating in the 10,550-10,680 MHz band: ( i ) In any 4 KHz band, the center frequency of which is removed from the edge of the DEMS channel by up to and including 1.125 times the DEMS subchannel bandwidth: As specified by the following equation may in no event be less than 50 + 10 log 10 N decibels: A = 50 + 0.0333(F − 0.5B) + 10 log 10 N decibels Where: A = Attenuation (in decibels) below means output power level contained within the DEMS channel for a given polarization. B = Bandwidth of DEMS channel (in KHz). F = Absolute value of the difference between the center frequency of the 4 KHz band measured and the center frequency of the DEMS channel (in KHz). N = Number of active subchannels of the given polarization within the DEMS channel. ( ii ) In any 4 KHz band within the authorized DEMS band the center frequency of which is removed from the center frequency of the DEMS channel by more than the sum of 50% of the DEMS channel bandwidth plus 1.125 times the subchannel bandwidth: As specified by the following equation but in no event less than 80 decibels: A = 80 + 10 log 10 N decibels ( iii ) In any 4 KHz band the center frequency of which is outside the authorized DEMS band: At least 43 + 10 log 10 (mean output power in watts) decibels. ( 4 ) For DEMS channels in the 17,700-19,700 MHz band: ( i ) In any 4 KHz band, the center frequency of which is removed from the frequency of the center of the DEMS channel by more than 50 percent of the DEMS channel bandwidth up to and including 50 percent plus 500 KHz: As specified by the following equation but in no event be less than 50 + 10 log 10 N decibels: A = 50 + 0.06(F −0.5B) + 10 log 10 N decibels Where: A = Attenuation (in decibels) below means output power level contained within the DEMS channel for a given polarization. B = Bandwidth of DEMS channel (in KHz). F = Absolute value of the difference between the center frequency of the 4 KHz band measured and the center frequency of the DEMS channel (in KHz). N = Number of active subchannels of the given polarization within the DEMS channel. ( ii ) In any 4 KHz band within the authorized DEMS band, the center frequency of which is removed from the center frequency of the DEMS channel by more than the sum of 50 percent of the channel bandwidth plus 500 KHz: As specified by the following equation but in no event less than 80 decibels: A = 80 + 10 log 10 N decibels ( iii ) In any 4 KHz band the center frequency of which is outside the authorized Digital Message Service band: At least 43 + 10 log 10 (mean output power in watts) decibels. ( 5 ) When using transmissions employing digital modulation techniques on the 900 MHz multiple address frequencies with a 12.5 KHz bandwidth, the power of any emission must be attenuated below the unmodulated carrier power of the transmitter (P) in accordance with the following schedule: ( i ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 2.5 KHz up to and including 6.25 KHz: At least 53 log 10 (fd/2.5) decibels; ( ii ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 6.25 KHz up to and including 9.5 KHz: At least 103 log 10 (fd/3.9) decibels; ( iii ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 9.5 KHz up to and including 15 KHz: At least 157 log 10 (fd/5.3) decibels; and ( iv ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency greater than 15 KHz: At least 50 plus 10 log 10 (P) or 70 decibels, whichever is the lesser attenuation. ( 6 ) When using transmissions employing digital modulation techniques on the 900 MHz multiple address frequencies with a bandwidth greater than 12.5 KHz, the power of any emission must be attenuated below the unmodulated carrier power of the transmitter (P) in accordance with the following schedule: ( i ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 5 KHz up to and including 10 KHz: At least 83 log 10 (fd/5) decibels; ( ii ) On any frequency removed from the center of the authorized bandwidth by a displacement frequency (fd in KHz) of more than 10 KHz up to and including 250 percent of the authorized bandwidth: At least 116 log 10 (fd/6.1) decibels or 50 plus 10 log 10 (P) or 70 decibels, whichever is the lesser attenuation; and ( iii ) On any frequency removed from the center of the authorized bandwidth by more that 250 percent of the authorized bandwidth: At least 43 plus 10 log 10 (output power in watts) decibels or 80 decibels, whichever is the lesser attenuation. ( b ) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in paragraph (a) of this section. ( c ) The emission of an unmodulated carrier is prohibited except for test purposes as required for proper station and system maintenance. ( d ) Interference to passive sensors. These limitations are necessary to minimize the probability of harmful interference to reception in the 10.6-10.68 GHz and 31-31.3 GHz bands onboard space stations in the Earth exploration-satellite service (passive). ( 1 ) 10.6-10.68 GHz. ( i ) Fixed stations are restricted to point-to-point operations, with each station supplying not more than −3 dBW of transmitter power to the antenna, producing not more than 40 dBW of EIRP, and radiating at an antenna main beam elevation angle of 20° or less. Licensees holding a valid authorization on August 6, 2015 to operate in this band may continue to operate as authorized, subject to proper license renewal. Licensees are urged to: ( A ) Limit the maximum transmitter power supplied to the antenna to −15 dBW; and ( B ) Employ automatic transmitter power control (ATPC). ( ii ) The maximum transmitter power supplied to the antenna of stations using ATPC may be increased by a value corresponding to the ATPC range, up to a maximum of −3 dBW. ( 2 ) 31-31.3 GHz. For fixed stations authorized after August 6, 2018, the unwanted emissions power in any 100 MHz of the 31.3-31.5 GHz band shall be limited to −38 dBW (−38 dBW/100 MHz), as measured at the input to the antenna. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 24582 , May 6, 1997; 65 FR 59358 , Oct. 5, 2000; 67 FR 43038 , June 26, 2002; 68 FR 4957 , Jan. 31, 2003; 69 FR 3266 , Jan. 23, 2004; 69 FR 31746 , June 7, 2004; 80 FR 38912 , July 7, 2015; 89 FR 33259 , Apr. 29, 2024] § 101.113 Transmitter power limitations. ( a ) On any authorized frequency, the average power delivered to an antenna in this service must be the minimum amount of power necessary to carry out the communications desired. Application of this principle includes, but is not to be limited to, requiring a licensee who replaces one or more of its antennas with larger antennas to reduce its antenna input power by an amount appropriate to compensate for the increased primary lobe gain of the replacement antenna(s). In no event shall the average equivalent isotropically radiated power (EIRP), as referenced to an isotropic radiator, exceed the values specified below. In cases of harmful interference, the Commission may, after notice and opportunity for hearing, order a change in the effective radiated power of this station. Further, the output power of a transmitter on any authorized frequency in this service may not exceed the following: Frequency band (MHz) Maximum allowable EIRP 1 2 Fixed 1 2 (dBW) Mobile (dBW) 928.0-929.0(2) + 17 932.0-932.5(2) + 17 932.5-935.0 + 40 941.0-941.5(2) + 30 + 14 941.5-944.0 + 40 952.0-960.0(2) + 40 + 14 1,850-1,990 + 45 2,110-2,150 + 45 2,150-2,180 3 + 45 2,180-2,200 + 45 2,450-2,500 + 45 2,500-2,686 2,686-2,690 + 45 3,700-4,200 + 55 5,925-6,425 + 55 6,425-6,525 + 35 6,525-6,875 + 55 6,875-7,125 + 55 10,550 to 10,600 5 + 55 10,600 to 10,680 5 + 40 10,700-11,700 + 55 12,200-12,700 11 + 50 12,700-13,200 4 + 50 13,200-13,250 4 + 55 14,200-14,400 12 + 45 17,700-18,600 + 55 18,600-18,800 6 + 35 18,800-19,700 5 + 55 21,200-23,600 10 + 55 24,250-25,250 5 + 55 29,100-29,250 ( 7 ) 31,000 to 31,075 8 9 30 dBW/MHz 30 dBW/MHz 31,075 to 31,225 8 9 30 dBW/MHz 30 dBW/MHz 31,225 to 31,300 8 9 30 dBW/MHz 30 dBW/MHz 71,000-76,000 13 14 +55 +55 81,000-86,000 13 14 +55 +55 92,000-95,000 + 55 + 55 1 Per polarization. 2 For multiple address operations, see § 101.147 . Remote alarm units that are part of a multiple address central station projection system are authorized a maximum of 2 watts. 3 When an omnidirectional antenna is authorized in the 2150-2160 MHz band, the maximum power shall be 60 dBm. 4 Also see § 101.145 . 5 The output power of a DEMS System nodal transmitter shall not exceed 0.5 watt per 250 kHz. The output power of a DEMS System user transmitter shall not exceed 0.04 watt per 250 kHz. The transmitter power in terms of the watts specified is the peak envelope power of the emission measured at the associated antenna input port. The operating power shall not exceed the authorized power by more than 10 percent of the authorized power in watts at any time. Frequencies from 10,600-10,680 MHz are subject to footnote US265 in the Table of Frequency Allocations in § 2.106 of the Commission's Rules. Stations authorized prior to April 1, 2003 to exceed the 40 dBW limit may continue to operate at their authorized output power level indefinitely, provided that neither end point of the relevant link is relocated. 6 Maximum power delivered to the antenna shall not exceed −3 dBw. 7 See § 101.113(c) . 8 For stations authorized prior to March 11, 1997, and for non-Local Multipoint Distribution Service stations authorized pursuant to applications refiled no later than June 26, 1998, the transmitter output power shall not exceed 0.050 watt. 9 For subscriber transceivers authorized in these bands, the EIRP shall not exceed 55 dBw or 42 dBw/MHz. 10 See § 101.147(s) . 11 The EIRP for MVDDS stations is limited to 14.0 dBm per 24 MHz (−16.0 dBW per 24 MHz). Incumbent point-to-point stations may use up to + 50 dBW except for low power systems which were licensed under § 101.147(q) . 12 Beginning March 1, 2005, no new LTTS operators will be licensed and no existing LTTS licensees will be renewed in the 14.2-14.4 GHz band. 13 The maximum transmitter power is limited to 3 watts (5 dBW) unless a proportional reduction in maximum authorized EIRP is required under § 101.115 . The maximum transmitter power spectral density is limited to 150 mW per 100 MHz. ( b ) The power of transmitters that use Automatic Transmitter Power Control shall not exceed the power input or output specified in the instrument of station authorization. The power of non-ATPC transmitters shall be maintained as near as practicable to the power input or output specified in the instrument of station authorization. ( c ) ( 1 ) Transmitter power limitations. Point-to-point stations in the 29.1-29.25 GHz band for the LMDS backbone between LMDS hubs shall be limited to a maximum allowable e.i.r.p. density per carrier of 23 dBW/MHz in any one megahertz in clear air, and may exceed this limit by employment of adaptive power control in cases where link propagation attenuation exceeds the clear air value due to precipitation and only to the extent that the link is impaired. ( 2 ) Hub transmitter EIRP spectral area, density limit. LMDS applicants shall demonstrate that, under clear air operating conditions, the maximum aggregate of LMDS transmitting hub stations in a Basic Trading Area in the 29.1-29.25 GHz band will not transmit a co-frequency hub-to-subscriber e.i.r.p. spectral area density in any azimuthal direction in excess of X dBW/(MHz-km 2 ) when averaged over any 4.375 MHz band, where X is defined in Table 1. Individual hub stations may exceed their clear air e.i.r.p.s by employment of adaptive power control in cases where link propagation attenuation exceeds the clear air value and only to the extent that the link is impaired. ( i ) The e.i.r.p. aggregate spectral area density is calculated as follows: where: N = number of co-frequency hubs in BTA. A = Area of BTA in km 2 . pi = spectral power density into antenna of i-th hub (in W/MHz). gi = gain of i-th hub antenna at zero degree elevation angle. Each pi and gi are in the same 1 MHz within the designated frequency band. ( ii ) The climate zones in Table 1 are defined for different geographic locations within the US as shown in Appendix 28 of the ITU Radio Regulations. Table 1 1 Climate zone e.i.r.p. Spectral Density (Clear Air) (dBW/MHz-km 2 ) 2 1 −23 2 −25 3,4,5 −26 1 LMDS system licensees in two or more BTAs may individually or collectively deviate from the spectral area density computed above by averaging the power over any 200 km by 400 km area, provided that the aggregate interference to the satellite receiver is no greater than if the spectral area density were as specified in Table 1. A showing to the Commission comparing both methods of computation is required and copies shall be served on any affected non-GSO 20/30 GHz MSS providers. 2 See § 21.1007(c)(i) for the population density of the BTA. ( 3 ) Hub transmitter e.i.r.p. spectral area density limit at elevation angles above the horizon. LMDS applicants shall demonstrate that, under clear air operating conditions, the maximum aggregate of LMDS transmitting hub stations in a Basic Trading Area in the 29.1-29.25 GHz band will not transmit a co-frequency hub-to-subscriber e.i.r.p. spectral area density in any azimuthal direction in excess of X dBW/(MHz-km 2 ) when averaged over any 4.375 MHz band where X is defined in Table 2. Individual hub stations may exceed their clear air e.i.r.p.s by employment of adaptive power control in cases where link propagation attenuation exceeds the clear air value and only to the extent that the link is impaired. ( i ) The e.i.r.p. aggregate spectral area density is calculated as follows: where: N = number of co-frequency hubs in BTA. A = Area of BTA in km 2 . e.i.r.p. (ai) = equivalent isotropic radiated spectral power density of the i-th hub (in W/MHz) at elevation angle a where a is the angle in degrees of elevation above horizon. e.i.r.p.(0°) is the hub e.i.r.p. area density at the horizon used in Section 101.113c(2) . The nominal antenna pattern will be used for elevation angles between 0° and 8°, and average levels will be used for angles beyond 8°, where average levels will be calculated by sampling the antenna patterns in each 1° interval between 8° and 9015, dividing by 83. Table 2 Elevation angle (a) Relative e.i.r.p. density (dBW/MHz-km 2 ) 0° ≤a ≤4.0° e.i.r.p.(a) = e.i.r.p.(0°) + 20 log (sinΠ x)(1/Π x) where x = (a + 1)/7.5°. 4.0° <a ≤7.7° e.i.r.p.(a) = e.i.r.p.(0°) - 3.85a + 7.7. a >7.7° e.i.r.p.(a) = e.i.r.p.(0°) - 22. ( ii ) LMDS system licensees in two or more BTAs may individually or collectively deviate from the spectral area density computed above by averaging the power over any 200 km by 400 km area, provided that the aggregate interference to the satellite receiver is no greater than if the spectral area density were as specified in Table 1. A showing to the Commission comparing both methods of computation is required and copies shall be served on any affected non-GSO MSS providers. ( 4 ) Power reduction techniques. LMDS hub transmitters shall employ methods to reduce average power levels received by non-geostationary mobile satellite receivers, to the extent necessary to comply with paragraphs (c)(1) and (c)(2) of this section, by employing the methods set forth below: ( i ) Alternate polarizations. LMDS hub transmitters in the LMDS service area may employ both vertical and horizontal linear polarizations such that 50 percent (plus or minus 10 percent) of the hub transmitters shall employ vertical polarization and 50 percent (plus or minus 10 percent) shall employ horizontal polarization. ( ii ) Frequency interleaving. LMDS hub transmitters in the LMDS service area may employ frequency interleaving such that 50 percent (plus or minus 10 percent) of the hub transmitters shall employ channel center frequencies which are different by one-half the channel bandwidth of the other 50 percent (plus or minus 10 percent) of the hub transmitters. ( iii ) Alternative methods. As alternatives to paragraphs (c)(4)(i) and (c)(4)(ii) of this section, LMDS operators may employ such other methods as may be shown to achieve equivalent reductions in average power density received by non-GSO MSS satellite receivers. [ 61 FR 26677 , May 28, 1996] Editorial Note Editorial Note: For Federal Register citations affecting § 101.113 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 101.115 Directional antennas. Cross Reference Link to an amendment published at 89 FR 33259 , Apr. 29, 2024. ( a ) Unless otherwise authorized upon specific request by the applicant, each station authorized under the rules of this part must employ a directional antenna adjusted with the center of the major lobe of radiation in the horizontal plane directed toward the receiving station with which it communicates: provided, however, where a station communicates with more than one point, a multi- or omni-directional antenna may be authorized if necessary. New Periscope antenna systems will not, under ordinary circumstances, be authorized. ( b ) Fixed stations (other than temporary fixed stations and DEMS nodal stations) operating at 932.5 MHz or higher must employ transmitting and receiving antennas (excluding second receiving antennas for operations such as space diversity) meeting the appropriate performance Standard A indicated below, except that in areas not subject to frequency congestion, antennas meeting performance Standard B may be used, subject to the requirements set forth in paragraph (d) of this section. For frequencies with a Standard B1 and a Standard B2, in order to comply with Standard B an antenna must fully meet either Standard B1 or Standard B2. Licensees shall comply with the antenna standards table shown in this paragraph in the following manner: ( 1 ) With either the maximum beamwidth to 3 dB points requirement or with the minimum antenna gain requirement; and ( 2 ) With the minimum radiation suppression to angle requirement. Antenna Standards Frequency (MHz) Category Maximum beamwidth to 3 dB points 1 (included angle in degrees) Minimum antenna gain (dbi) Minimum radiation suppression to angle in degrees from centerline of main beam in decibels 5° to10° 10° to 15° 15° to 20° 20° to 30° 30° to 100° 100° to 140° 140° to 180° 932.5 to 935 A 14.0 n/a n/a 6 11 14 17 20 24 B 20.0 n/a n/a n/a 6 10 13 15 20 941.5 to 944 A 14.0 n/a n/a 6 11 14 17 20 24 B 20.0 n/a n/a n/a 6 10 13 15 20 952 to 960 2 3 A 14.0 n/a n/a 6 11 14 17 20 24 B 20.0 n/a n/a n/a 6 10 13 15 20 1,850 to 2,500 4 A 5.0 n/a 12 18 22 25 29 33 39 B 8.0 n/a 5 18 20 20 25 28 36 3,700 to 4,200 A 2.7 36 23 29 33 36 42 55 55 B 2.7 36 20 24 28 32 32 32 32 B 2.2 38 21 25 29 32 35 39 45 5,925 to 6,425 5 A 2.2 38 25 29 33 36 42 55 55 B1 2.2 38 21 25 29 32 35 39 45 B2 4.1 32 15 20 23 28 29 60 60 6,525 to 6,875 5 A 2.2 38 25 29 33 36 42 55 55 B1 2.2 38 21 25 29 32 35 39 45 B2 4.1 32 15 20 23 28 29 60 60 6,875 to 7,125 A 2.2 38 25 29 33 36 42 55 55 B1 2.2 38 21 25 29 32 35 39 45 B2 4.1 32 15 20 23 28 29 60 60 10,550 to 10,680 7 A 3.5 33.5 18 24 28 32 35 55 55 B 3.5 33.5 17 24 28 32 35 40 45 10,565 to 10,615 n/a 360 n/a n/a n/a n/a n/a n/a n/a n/a 10,630 to 10,680 8 n/a 3.5 34 20 24 28 32 35 36 36 10,700-11,700 5 A 2.2 38 25 29 33 36 42 55 55 B 3.5 33.5 17 24 28 32 35 40 45 12,200 to 13,250 9 A 1.0 n/a 23 28 35 39 41 42 50 B 2.0 n/a 20 25 28 30 32 37 47 17,700 to 18,820 A 2.2 38 25 29 33 36 42 55 55 B1 2.2 38 20 24 28 32 35 36 36 B2 3.3 33.5 18 22 29 31 35 55 55 18,920 to 19,700 10 A 2.2 38 25 29 33 36 42 55 55 B1 2.2 38 20 24 28 32 35 36 36 B2 3.3 33.5 18 22 29 31 35 55 55 21,200 to 23,600 7 11 A 3.3 33.5 18 26 26 33 33 55 55 B1 3.3 33.5 17 24 24 29 29 40 50 B2 4.5 30.5 14 19 22 24 29 52 52 24,250 to 25,250 10 A 2.8 38 25 29 33 36 42 55 60 B 2.8 38 20 24 28 32 35 36 45 31,000 to 31,300 12 13 n/a 4.0 38 n/a n/a n/a n/a n/a n/a n/a B n/a 38 20 24 28 32 35 36 36 71,000 to 76,000 (co-polar) 14 N/A 2.2 38 22 28 32 35 37 55 55 71,000 to 76,000 (cross-polar) 14 N/A 2.2 38 35 35 40 42 47 55 55 81,000 to 86,000 (co-polar) 14 N/A 2.2 38 22 28 32 35 37 55 55 81,000 to 86,000 (cross-polar) 14 N/A 2.2 38 35 35 40 42 47 55 55 92,000 to 95,000 N/A 0.6 50.0 36 40 45 50 55 55 55 1 If a licensee chooses to show compliance using maximum beamwidth to 3 dB points, the beamwidth limit shall apply in both the azimuth and the elevation planes. 2 Except for Multiple Address System frequencies listed in §§ 101.147(b)(1) through (b)(4) , where omnidirectional antennas may be used. 3 Antennas used at outlying stations as part of a central protection alarm system need conform to only the following 2 standards: (i) The minimum on-beam forward gain must be at least 10 dBi, and (ii) The minimum front-to-back ratio must be at least 20 dB. 4 Omnidirectional antennas may be authorized in the band 2150-2160 MHz. 5 These antenna standards apply to all point-to-point stations authorized after June 1, 1997. Existing licensees and pending applicants on that date are grandfathered and need not comply with these standards. 6 These antenna standards apply to all point-to-point stations authorized on or before June 1, 1997. 7 For stations authorized or pending on April 1, 2003, the minimum radiation suppression for Category B is 35dB in the 10,550-10,680 MHz band and 36 dB in the 21,200-23,600 MHz band for discrimination angles from 100° to 180°. 8 These antenna standards apply only to DEMS User Stations licensed, in operation, or applied for prior to July 15, 1993. 9 Except for Temporary-fixed operations in the band 13200-13250 MHz with output powers less than 250 mW and as provided in § 101.147(q) , and except for antennas in the MVDDS service in the band 12.2-12.7 GHz. 10 DEMS User Station antennas in this band must meet performance Standard B and have a minimum antenna gain of 34 dBi. The maximum beamwidth requirement does not apply to DEMS User Stations. DEMS Nodal Stations need not comply with these standards. Stations authorized to operate in the 24,250-25,250 MHz band do not have to meet these standards, however, the Commission may require the use of higher performance antennas where interference problems can be resolved by the use of such antennas. 11 Except as provided in § 101.147(s) . 12 The minimum front-to-back ratio shall be 38 dBi. 13 Mobile, except aeronautical mobile, stations need not comply with these standards. 14 Antenna gain less than 50 dBi (but greater than or equal to 38 dBi) is permitted only with a proportional reduction in maximum authorized EIRP in a ratio of 2 dB of power per 1 dB of gain, so that the maximum allowable EIRP (in dBW) for antennas of less than 50 dBi gain becomes +55-2(50-G), where G is the antenna gain in dBi. In addition, antennas in these bands must meet the following additional standard for minimum radiation suppression: At angles of less than 5 degrees from the centerline of main beam, cross-polar discrimination must be at least 21 dB. ( c ) The Commission shall require the replacement of any antenna or periscope antenna system of a permanent fixed station operating at 932.5 MHz or higher that does not meet performance Standard A specified in paragraph (c) of this section, at the expense of the licensee operating such antenna, upon a showing that said antenna causes or is likely to cause interference to (or receive interference from) any other authorized or applied for station whereas a higher performance antenna is not likely to involve such interference. Antenna performance is expected to meet the standards of paragraph (c) of this section for parallel polarization. For cases of potential interference, an antenna will not be considered to meet Standard A unless the parallel polarization performance for the discrimination angle involved meets the requirements, even if the cross-polarization performance controls the interference. ( d ) In cases where passive reflectors are employed in conjunction with transmitting antenna systems, the foregoing paragraphs of this section also will be applicable. However, in such instances, the center of the major lobe of radiation from the antenna normally must be directed at the passive reflector, and the center of the major lobe of radiation from the passive reflector directed toward the receiving station with which it communicates. ( e ) Periscope antennas used at an electric power facility plant area will be excluded from the requirements of paragraph (c) of this section on a case-by-case basis where technical considerations or safety preclude the use of other types of antenna systems. ( f ) In the 10,700-11,700 MHz band, a fixed station may employ transmitting and receiving antennas meeting performance standard B in any area. If a Fixed Service or Fixed Satellite Service licensee or applicant makes a showing that it is likely to receive interference from such fixed station and that such interference would not exist if the fixed station used an antenna meeting performance standard A, the fixed station licensee must modify its use. Specifically, the fixed station licensee must either substitute an antenna meeting performance standard A or operate its system with an EIRP reduced so as not to radiate, in the direction of the other licensee, an EIRP in excess of that which would be radiated by a station using a Category A antenna and operating with the maximum EIRP allowed by the rules. A licensee or prior applicant using an antenna that does not meet performance Standard A may object to a prior coordination notice based on interference only if such interference would be predicted to exist if the licensee or prior applicant used an antenna meeting performance standard A. ( g ) In the event harmful interference is caused to the operation of other stations, the Commission may, after notice and opportunity for hearing, order changes to be made in the height, orientation, gain and radiation pattern of the antenna system. [ 61 FR 26677 , May 28, 1996] Editorial Note Editorial Note: For Federal Register citations affecting § 101.115 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov . § 101.117 Antenna polarization. Except as set forth herein, stations operating in the radio services included in this part are not limited as to the type of polarization of the radiated signal that may be employed. However, in the event interference in excess of permissible levels is caused to the operation of other stations as a result of employing other than linear polarization, the Commission may order a licensee to change its system polarization to mitigate the interference. No change in polarization may be made without prior authorization from the Commission. Unless otherwise allowed, only linear polarization (horizontal and vertical) shall be used. For LMDS systems, unless otherwise authorized, system operators are permitted to use any polarization within its service area, but only vertical and/or horizontal polarization for antennas located within 20 kilometers of the outermost edge of their service area. [ 68 FR 4957 , Jan. 31, 2003] § 101.119 Simultaneous use of common antenna structures. The simultaneous use of common antenna structures by more than one radio station, or by one of more domestic public radio stations and one or more stations of any other class or service, may be authorized: provided, however, that each licensee or user of any such structure is responsible for maintaining the structure, and for painting and illuminating the structure when obstruction marking is required by the Commission. (See § 101.21(a) .) § 101.125 Temporary fixed antenna height restrictions. The overall antenna structure heights employed by mobile stations in the Local Television Transmission Service and by stations authorized to operate at temporary fixed locations may not exceed the height criteria set forth in § 17.7 of this chapter , unless in each instance, authorization for use of a specific maximum antenna height (above ground and above mean sea level) for each location has been obtained from the Commission prior to erection of the antenna. Requests for such authorization must show the inclusive dates of the proposed operation. (Complete information as to rules concerning the construction, marking and lighting of antenna structures is contained in part 17 of this chapter .) § 101.129 Transmitter location. ( a ) The applicant must determine, prior to filing an application for a radio station authorization, that the antenna site specified therein is adequate to render the service proposed. In cases of questionable antenna locations, it is desirable to conduct propagation tests to indicate the field intensity which may be expected in the principal areas or at the fixed points of communication to be served, particularly where severe shadow problems may be expected. In considering applications proposing the use of such locations, the Commission may require site survey tests to be made pursuant to an experimental license under part 5 of this chapter . In such cases, propagation tests should be conducted in accordance with recognized engineering methods and should be made with a transmitting antenna simulating, as near as possible, the proposed antenna installation. Full data obtained from such surveys and its analysis, including a description of the methods used and the name, address and qualifications of the engineer making the survey, must be supplied to the Commission. ( b ) In the 12.2-12.7 GHz band, licensees must not locate MVDDS transmitting antennas within 10 km of any qualifying NGSO FSS receiver unless mutual agreement is obtained between the MVDDS and NGSO FSS licensees. Such agreements must be retained by the licensees and made available for inspection by interested parties upon request. ( 1 ) A qualifying NGSO FSS receiver, for the purposes of this section, is deemed to be one that is in regular use by an NGSO FSS subscriber for normal reception purposes in the 12.2-12.7 GHz band and not one for monitoring or testing purposes. In addition, qualifying receivers must either be in operation on the date or already be under construction and then operating within thirty days of the date that the MVDDS licensee notifies the NGSO FSS licensee of its intent to construct a new MVDDS transmitting antenna at a specified location. ( 2 ) Except as provided in paragraph (b)(3) of this section, the 10 kilometer spacing requirement for each MVDDS transmitting antenna site shall not apply with respect to NGSO FSS receivers that might be installed or become operational (except for those under construction and operating within thirty days as specified in paragraph (b)(1) of this section) subsequent to the original date that the MVDDS licensee provided notice of its intention to construct a given transmission facility. ( 3 ) In the event that a proposed MVDDS transmitting antenna for which notice has been duly given to the NGSO FSS licensees has not been placed in normal operation within one calendar year of the date of notice, then the MVDDS licensee loses the benefit of the original notice. Upon such anniversary, the MVDDS licensee must re-determine compliance with the minimum 10 kilometer spacing requirement based upon locations of qualifying NGSO FSS receivers on that anniversary date. A new determination of compliance with the spacing requirement shall be made for each succeeding anniversary of non-operation for each proposed MVDDS transmission site or additional antenna. This provision contemplates that failure to commence normal operation at a given MVDDS transmitting antenna site within one year of the date of NGSO FSS notification may require successive relocations of the proposed transmitter site in order to meet the minimum spacing distance as determined on each anniversary of non-operation. [ 61 FR 26677 , May 28, 1996, as amended at 63 FR 68983 , Dec. 14, 1998; 67 FR 43038 , June 26, 2002; 78 FR 25176 , Apr. 29, 2013] § 101.131 Transmitter construction and installation. ( a ) The equipment at the operating and transmitting positions must be so installed and protected that it is not accessible to, or capable of being operated by, persons other than those duly authorized by the licensee. ( b ) In any case where the maximum modulating frequency of a transmitter is prescribed by the Commission, the transmitter must be equipped with a low-pass or band-pass modulation filter of suitable performance characteristics. In those cases where a modulation limiter is employed, the modulation filter must be installed between the transmitter stage in which limiting is effected and the modulated stage of the transmitter. ( c ) Each transmitter employed in these services must be equipped with an appropriately labeled pilot lamp or meter which will provide continuous visual indication at the transmitter when its control circuits have been placed in a condition to activate the transmitter. In addition, facilities must be provided at each transmitter to permit the transmitter to be turned on and off independently of any remote control circuits associated therewith. ( d ) At each transmitter control point the following facilities must be installed: ( 1 ) A carrier operated device which will provide continuous visual indication when the transmitter is radiating, or, in lieu thereof, a pilot lamp or meter which will provide continuous visual indication when the transmitter control circuits have been placed in a condition to activate the transmitter; and ( 2 ) Facilities which will permit the operator to turn transmitter carrier on and off at will. ( e ) Transmitter control circuits from any control point must be so installed that grounding or shorting any line in the control circuit will not cause the transmitter to radiate: provided, however, That this provision will not be applicable to control circuits of stations which normally operate with continuous radiation or to control circuits which are under the effective operational control of responsible operating personnel 24 hours per day. § 101.133 Limitations on use of transmitters. ( a ) Transmitters licensed for operation in Common Carrier services may be concurrently licensed or used for non-common carrier communication purposes. Mobile units may be concurrently licensed or used for non-common carrier communication purposes provided that the transmitter is certificated for use in each service. ( b ) Private operational fixed point-to-point microwave stations authorized in this service may communicate with associated operational-fixed stations and fixed receivers and with units of associated stations in the mobile service licensed under Private Radio Service rule parts. In addition, intercommunication is permitted with other licensed stations and with U.S. Government stations in those cases which require cooperation or coordination of activities or when cooperative use arrangements in accordance with § 101.135 are contemplated; provided, however, that where communication is desired with stations authorized to operate under the authority of a foreign jurisdiction, prior approval of this Commission must be obtained; And provided further, That the authority under which such other stations operate does not prohibit the intercommunication. ( c ) Two or more persons or governmental entities eligible for private operational fixed point-to-point microwave licenses may use the same transmitting equipment under the following terms and conditions: ( 1 ) Each licensee complies with the general operating requirements set out in this part; ( 2 ) Each licensee is eligible for the frequency(ies) on which the facility operates; and ( 3 ) Each licensee must have the ability to access the transmitter(s) that it is authorized to operate under the multiple licensing arrangement. ( d ) LMDS subscriber transmissions. LMDS licensees shall not operate transmitters from subscriber locations in the 29.1-29.25 GHz band. ( e ) Existing private operational fixed wireless licensees applying to become common carrier wireless licensees shall comply with all provisions of the Communications Act and the Commission's rules. Applicants must take all required filings, including FCC Form 601, and receive all necessary Commission approval prior to operating as a common carrier wireless licensee. The regulatory fee associated with FCC wireless application Form 601 is waived for applicants who are existing private operational fixed licensees seeking common carrier status, provided that such licensees have also complied with all other discontinuance requirements of Title II of the Act. Applicants are responsible for all other Commission regulatory fees. [ 61 FR 26677 , May 28, 1996, as amended at 61 FR 44183 , Aug. 28, 1996; 63 FR 36611 , July 7, 1998; 68 FR 4957 , Jan. 31, 2003] § 101.135 Shared use of radio stations and the offering of private carrier service. Licensees of Private Operational Fixed Point-to-Point Microwave radio stations may share the use of their facilities on a non-profit basis or may offer service on a for-profit private carrier basis, subject to the following conditions and limitations: ( a ) Persons or governmental entities licensed to operate radio systems pursuant to subpart H of this part on any of the private radio frequencies set out in § 101.101 may share such systems with, or provide private carrier service to, any eligible entity for licensing under this part, regardless of individual eligibility restrictions, provided that the communications being carried are permissible under § 101.603 . ( b ) The licensee must maintain access to and control over all facilities authorized under its license; ( c ) All sharing and private carrier arrangements must be conducted pursuant to a written agreement to be kept as part of the station records; and ( d ) The licensee must keep an up-to-date list of system sharers and private carrier subscribers and the basis of their eligibility under this part. Such records must be kept current and must be made available upon request for inspection by the Commission. ( e ) Applicants licensed in the MAS frequencies after June 2, 2000, shall not provide service to others on a for-profit private carrier basis in the 928-928.85/952-952.85/956.25-956.45 MHz bands and the 932.25-932.5/941.25-941.5 MHz bands. [ 61 FR 26677 , May 28, 1996, as amended at 65 FR 17449 , Apr. 3, 2000; 65 FR 38330 , June 20, 2000; 66 FR 35110 , July 3, 2001; 68 FR 4958 , Jan. 31, 2003] § 101.137 Interconnection of private operational fixed point-to-point microwave stations. Private operational fixed point-to-point microwave stations may be interconnected with facilities of common carriers subject to applicable tariffs. § 101.139 Authorization of transmitters. ( a ) Unless specified otherwise, transmitters used in the private operational fixed and common carrier fixed point-to-point microwave and point-to-multipoint services under this part must be a type that has been approved for compliance under Supplier's Declaration of Conformity. Note 1 to paragraph ( a ): The verification procedure has been replaced by Supplier's Declaration of Conformity. Equipment previously authorized under subpart J of part 2 of this chapter may remain in use. See § 2.950 of this chapter . ( b ) Any transmitter to be produced for use under the rules of this part may be approved under the equipment authorization procedures set forth in part 2 of this chapter . ( c ) Certification for an individual transmitter may also be requested by an applicant for a station authorization, pursuant to the procedures set forth in part 2 of this chapter . ( d ) A transmitter presently shown on an instrument of authorization, which operates on an assigned frequency in the 890-940 MHz band and has not received a grant of certification, may continue to be used by the licensee without certification provided such transmitter continues otherwise to comply with the applicable requirements of this chapter. ( e ) Certification or Supplier's Declaration of Conformity is not required for portable transmitters operating with peak output power not greater than 250 mW. If operation of such equipment causes harmful interference the FCC may, at its discretion, require the licensee to take such corrective action as is necessary to eliminate the interference. ( f ) After July 15, 1996, the manufacturer (except for export) or importation of equipment employing digital modulation techniques in the 3700-4200, 5925-6425, 6525-6875, 10,550-10,680 and 10,700-11,700 MHz bands must meet the minimum payload capacity requirements of § 101.141 . ( g ) After April 1, 2005, the manufacture (except for export) or importation of equipment for operation in the 21,200-23,600 MHz band must meet: ( 1 ) The 0.001% frequency tolerance requirement for digital systems in § 101.107(a) or the 0.03-0.003% frequency tolerance for analog systems; and ( 2 ) For equipment employing digital modulation techniques, the minimum bit rate requirements of § 101.141(a) . ( h ) 71,000-76,000 MHz; 81,000-86,000 MHz. For equipment employing digital modulation techniques, the minimum bit rate requirement is 0.125 bit per second per Hz. ( i ) 92,000-94,000 MHz; 94,100-95,000 MHz. For equipment employing digital modulation techniques, the minimum bit rate requirement is 1.0 bit per second per Hz. [ 63 FR 36611 , July 7, 1998, as amended at 65 FR 59358 , Oct. 5, 2000; 67 FR 43038 , June 26, 2002; 68 FR 4958 , Jan. 31, 2003; 70 FR 29998 , May 25, 2005; 82 FR 50838 , Nov. 2, 2017] § 101.141 Microwave modulation. ( a ) Microwave transmitters employing digital modulation techniques and operating below 25.25 GHz (except for MVDDS stations in the 12,200-12,700 MHz band) must, with appropriate multiplex equipment, comply with the following additional requirements: ( 1 ) The bit rate, in bits per second, must be equal to or greater than the bandwidth specified by the emission designator in Hertz (e.g., to be acceptable, equipment transmitting at a 20 Mb/s rate must not require a bandwidth of greater than 20 MHz), except the bandwidth used to calculate the minimum rate may not include any authorized guard band. ( i ) Stations authorized prior to December 1, 1988 may install equipment after that date with no minimum bit rate. Equipment applied for or authorized prior to April 1, 2005 in the 21.2-23.6 GHz band may be installed with no minimum bit rate. ( ii ) However, any digital equipment applied for after April 1, 2005 and equipment replacing existing equipment in the 21.2-23.6 GHz band must meet the bit rate standard. ( 2 ) Equipment to be used for voice transmission placed in service, authorized, or applied for on or before June 1, 1997 in the 2110 to 2130 and 2160 to 2180 MHz bands must be capable of satisfactory operation within the authorized bandwidth to encode at least 96 voice channels. Equipment placed in service, authorized, or applied for on or before June 1, 1997 in the 3700-4200, 5925-6425 (30 MHz bandwidth), and 10,700-11,700 MHz (30 and 40 MHz bandwidths) bands must be capable of satisfactory operation within the authorized bandwidth to encode at least 1152 voice channels. These required loading levels may be reduced by a factor of 1/N provided that N transmitters may be operated satisfactorily, over the same radio path, within an authorized bandwidth less than, or equal to, the maximum authorizable bandwidth (e.g., the 1152 channel requirement may be reduced to 576 if two transmitters can be satisfactorily operated over the same path within the maximum bandwidth). Where certificated equipment is designed to operate on the same frequency in a cross polarized configuration to meet the above capacity requirements, the Commission will require, at the time additional transmitters are authorized, that both polarizations of a frequency be used before a new frequency assignment is made, unless a single transmitter installation was found to be justified by the Commission at the time it authorized the first transmitter. ( 3 ) ( i ) Except as noted in paragraph (a)(7) of this section, the payload capacity of equipment shall meet the following minimum efficiency standards: Frequency Emission bandwidth ≤5 MHz Emission bandwidth >5 MHz and ≤20 MHz Emission bandwidth >20 MHz 3,700-10,550 MHz 2.4 bits/second/Hertz 4.4 bits/second/Hertz 4.4 bits/second/Hertz. 10,550-13,250 MHz 2.4 bits/second/Hertz 4.4 bits/second/Hertz 3.0 bits/second/Hertz. ( ii ) Traffic loading payload shall exceed 50 percent of payload capacity within 30 months of licensing. During anomalous signal fading, licensees subject to the capacity and loading requirements may adjust to a modulation specified in their authorization if such modulation is necessary to allow licensees to maintain communications, even if the modulation will not comply with the capacity and loading requirements specified in this paragraph. Links that must comply with the capacity and loading requirements that use equipment capable of adjusting modulation must be designed using generally accepted multipath fading and rain fading models to meet the specified capacity and loading requirements at least 99.95% of the time, in the aggregate of both directions in a two-way link. ( 4 ) If a transmitter is authorized to operate in a bandwidth that is not listed in paragraph (a)(3) of this section, it must meet the minimum payload capacity and traffic loading requirements of the next largest channel bandwidth listed in the table; e.g., if the authorized bandwidth is 3.5 MHz, the minimum payload capacity must be 12.3 Mbits/s. ( 5 ) Transmitters carrying digital motion video motion material are exempt from the requirements specified in paragraphs (a)(2) and (a)(3) of this section, provided that at least 50 percent of the payload is digital video motion material and the minimum bit rate specified in paragraph (a)(1) of this section is met. In the 6, 10, and 11 GHz bands, concatenation of multiple contiguous channels is permitted for channels of equal bandwidth on center frequencies, provided no other channels are available and the minimum payload capacity requirements are met. ( 6 ) Digital systems using bandwidths of 10 MHz or larger will be considered 50 percent loaded when at least 50 percent of their total capacity is being used. For purposes of this subsection, a Fixed Service channel is being used if it is attached to a communications system that is capable of providing data to it at a rate that is sufficient to occupy at least 50 percent of the payload capacity of the Fixed Service channel, after header compression is applied. ( 7 ) Equipment placed in service after June 1, 1997 and prior to October 5, 2012 may comply with the provisions of § 101.141(a)(3) in effect as of the date the equipment was placed in service. ( b ) For purposes of compliance with the emission limitation requirements of § 101.111(a)(2) and the requirements of paragraph (a) of this section, digital modulation techniques are considered as being employed when digital modulation occupies 50 percent or more to the total peak frequency deviation of a transmitted radio frequency carrier. The total peak frequency deviation will be determined by adding the deviation produced by the digital modulation signal and the deviation produced by any frequency division multiplex (FDM) modulation used. The deviation (D) produced by the FDM signal must be determined in accordance with § 2.202(f) of this chapter . ( c ) Analog Modulation. Except for video transmission, an application for an initial working channel for a given route will not be accepted for filing where the anticipated loading (within five years for voice, or other period subject to reasonable projection) is less than the minimum specified for the following frequency bands. Absent extraordinary circumstances, applications proposing additional frequencies over existing routes will not be granted unless it is shown that the traffic load will shortly exhaust the capacity of the existing equipment. Where no construction of radio facilities is requested, licensees must submit this evidence with their filing of any necessary authority required pursuant to section 214 of the Communications Act and part 63 of this chapter . Frequency band (MHz) Minimum number of voice channels (4 KHz or equivalent) 3700 to 4200 (20 MHz bandwidth) 900 5925 to 6425 (10 MHz bandwidth) 300 5925 to 6425 (20 MHz bandwidth) 600 5925 to 6425 (30 MHz bandwidth) 900 6525 to 6875 (10 MHz bandwidth) 300 10,700 to 11,700 (10 MHz bandwidth) 300 10,700 to 11,700 (20 MHz bandwidth) 600 10,700 to 11,700 (30 MHz bandwidth) 900 10,700 to 11,700 (40 MHz bandwidth) 900 [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 24583 , May 6, 1997; 63 FR 36611 , July 7, 1998; 65 FR 59358 , Oct. 5, 2000; 67 FR 43039 , June 26, 2002; 68 FR 4958 , Jan. 31, 2003; 76 FR 59572 , Sept. 27, 2011; 77 FR 54433 , Sept. 5, 2012] § 101.143 Minimum path length requirements. ( a ) The distance between end points of a fixed link in the private operational fixed point-to-point and the common carrier fixed point-to-point microwave services must equal or exceed the value set forth in the table below or the EIRP must be reduced in accordance with the equation set forth below: Frequency band (MHz) Minimum path length (km) Below 1,850 N/A 1,850 to 7,125 17 10,550 to 13,250 5 Above 17,700 N/A ( b ) For paths shorter than those specified in the table in paragraph (a) of this section, the EIRP shall not exceed the value derived from the following equation: EIRP = MAXEIRP-40*log(A/B) dBW Where: EIRP = The new maximum EIRP (equivalent isotropically radiated power) in dBW. MAXEIRP = Maximum EIRP as set forth in the Table in Section 101.113(a) . A = Minimum path length from the Table above for the frequency band in kilometers. B = The actual path length in kilometers. Note to paragraph ( b ): For transmitters using Automatic Transmitter Power Control, EIRP corresponds to the maximum transmitter power available, not the coordinated transmit power or the nominal transmit power. ( c ) Upon an appropriate technical showing, applicants and licensees unable to meet the minimum path length requirement may be granted an exception to these requirements. Note to paragraph ( c ): Links authorized prior to April 1, 1987, need not comply with this requirement. [ 61 FR 26677 , May 28, 1996, as amended at 65 FR 38330 , June 20, 2000] § 101.145 Interference to geostationary-satellites. These limitations are necessary to minimize the probability of harmful interference to reception in the bands 2655-2690 MHz, 5925-7075 MHz, and 12.7-13.25 GHz on board geostationary-space stations in the fixed-satellite service. ( a ) Stations authorized prior to July 1, 1976 in the band 2655-2690 MHz, which exceed the power levels in paragraphs (b) and (c) of this section are permitted to operate indefinitely, provided that the operation of such stations does not result in harmful interference to reception in these bands on board geostationary space stations. ( b ) 2655 to 2690 MHz and 5925 to 7075 MHz. No directional transmitting antenna utilized by a fixed station operating in these bands with EIRP greater than 35 dBW may be aimed within 2 degrees of the geostationary-satellite orbit, taking into account atmospheric refraction. However, exception may be made in unusual circumstances upon a showing that there is no reasonable alternative to the transmission path proposed. If there is no evidence that such exception would cause possible harmful interference to an authorized satellite system, said transmission path may be authorized on waiver basis where the maximum value of the equivalent isotropically radiated power (EIRP) does not exceed: ( 1 ) + 47 dBW for any antenna beam directed within 0.5 degrees of the stationary satellite orbit; or ( 2 ) + 47 to + 55 dBW, on a linear decibel scale (8 dB per degree) for any antenna beam directed between 0.5 degrees and 1.5 degrees of the stationary orbit. ( c ) 12.7 to 13.25 GHz. No directional transmitting antenna utilized by a fixed station operating in this band with EIRP greater than 45 dBW may be aimed within 1.5 degrees of the geostationary-satellite orbit, taking into account atmospheric refraction. ( d ) Methods for calculating the azimuths to be avoided may be found in: CCIR Report No. 393 (Green Books), New Delhi, 1970; in “Radio-Relay Antenna Pointing for controlled Interference With Geostationary-Satellites” by C. W. Lundgren and A. S. May, Bell System Technical Journal, Vol. 48, No. 10, pp. 3387-3422, December 1969; and in “Geostationary Orbit Avoidance Computer Program” by Richard G. Gould, Common Carrier Bureau Report CC-7201, FCC, Washington, DC, 1972. This latter report is available through the National Technical Information Service, U.S. Department of Commerce, Springfield, VA 22151, in printed form (PB-211 500) or source card deck (PB-211 501). [ 61 FR 26677 , May 28, 1996, as amended at 65 FR 38330 , June 20, 2000; 68 FR 12777 , Mar. 17, 2003; 77 FR 54433 , Sept. 5, 2012] § 101.147 Frequency assignments. ( a ) Frequencies in the following bands are available for assignment for fixed microwave services. 928.0-929.0 MHz (28) 932.0-932.5 MHz (27) 932.5-935 MHz (17) 941.0-941.5 MHz (27) 941.5-944 MHz (17) (18) 952.0-960.0 MHz (28) 1,850-1,990 MHz (20) (22) 2,110-2,130 MHz) (1) (3) (7) (20) (23) 2,130-2,150 MHz (20) (22) 2,160-2,180 MHz (1) (2) (20) (23) 2,180-2,200 MHz (20) (22) 2,450-2,500 MHz (12) 2,650-2,690 MHz 3,700-4,200 MHz (8) (14) (25) 5,925-6,425 MHz (6) (14) (25) 6,425-6,525 MHz (24) 6,525-6.875 MHz (14) (33) 6,875-7,125 MHz (10), (34) 10,550-10,680 MHz (19) 10,700-11,700 MHz (8) (9) (19) (25) 11,700-12,200 MHz (24) 12,200-12,700 MHz (31) 12,700-13,200 (22), (34) 13,200-13,250 MHz (4) (24) (25) 14,200-14,400 MHz (24) 17,700-18,820 MHz (5) (10) (15) 17,700-18,300 MHz (10) (15) 18,820-18,920 MHz (22) 18,300-18,580 MHz (5) (10) (15) 18,580-19,300 MHz (22) (30) 18,920-19,160 MHz (5 (10) (15) 19,160-19,260 MHz (22) 19,260-19,700 MHz (5) (10) (15) 19,300-19,700 MHz (5) (10) (15) 21,200-22,000 MHz (4) (11) (12) (13) (24) (25) (26) 22,000-23,600 MHz (4) (11) (12) (24) (25) (26) 24,250-25,250 MHz 29,100-29,250 MHz (5), (16) 31,000-31,300 MHz (16) 42,000-42,500 MHz 71,000-76,000 MHz (5) (17) 81,000-86,000 MHz (5) (17) 92,000-94,000 MHz (17) 94,100-95,000 MHz (17) Notes (1) Frequencies in this band are shared with control and repeater stations in the Public Mobile Services and with stations in the International Fixed Public Radio communication Services located south of 25°30′ north latitude in the State of Florida and U. S. possessions in the Caribbean area. Additionally, the band 2160-2162 MHz is shared with stations in the Multipoint Distribution Service. (2) Except upon showing that no alternative frequencies are available, no new assignments will be made in the band 2160-2162 MHz for stations located within 80.5 kilometers (50 miles) of the coordinates of the cities listed in § 21.901(c) of this chapter . (3) Television transmission in this band is not authorized and radio frequency channel widths may not exceed 3.5 MHz. (4) Frequencies in this band are shared with fixed and mobile stations licensed in other services. (5) Frequencies in this band are shared with stations in the fixed-satellite service. (6) These frequencies are not available for assignment to mobile earth stations. (7) Frequencies in the band 2110-2120 MHz may be authorized on a case-by-case basis to Government or non-Government space research earth stations for telecommand purposes in connection with deep space research. (8) This frequency band is shared with station(s) in the Local Television Transmission Service for locations outside the contiguous United States and applications for new permanent or temporary facilities in this band will not be accepted for locations in the contiguous United States. Existing licensees as of April 19, 2018, for permanent and temporary point-to-point Fixed Service links in the contiguous United States have until December 5, 2023, to self-relocate their point-to-point links out of the 3,700-4,200 MHz band. This frequency band is also shared in the U.S. Possessions in the Caribbean area, with stations in the International Fixed Public Radiocommunications Services. (9) The band segments 10.95-11.2 and 11.45-11.7 GHz are shared with space stations (space to earth) in the fixed-satellite service. (10) This band is co-equally shared with stations in the fixed services under parts 74 , 78 and 101 of this chapter . (11) Frequencies in this band are shared with Government stations. (12) Frequencies in this band are available for assignment to the common carrier and private-operational fixed point-to-point microwave services. (13) Frequencies in this band are shared with stations in the earth exploration satellite service (space to earth). (14) Frequencies in this band are shared with stations in the fixed satellite service. For 3,700-4,200 MHz, frequencies are only available for locations outside the contiguous United States and applications for new permanent or temporary facilities in this band will not be accepted for locations in the contiguous United States. Existing licensees as of April 19, 2018, of permanent and temporary point-to-point Fixed Service links in the contiguous United States have until December 5, 2023, to self-relocate their point-to-point links out of the 3,700-4,200 MHz. (15) Stations licensed as of September 9, 1983 to use frequencies in the 17.7-19.7 GHz band may, upon proper application, continue to be authorized for such operation. (16) As of June 30, 1997, frequencies in these bands are available for assignment only to LMDS radio stations, except for non-LMDS radio stations authorized pursuant to applications refiled no later than June 26, 1998. (17) Frequencies in these bands are shared with Government fixed stations and stations in the Private Operational Fixed Point-to-Point Microwave Service (part 101). (18) Frequencies in the 942 to 944 MHz band are also shared with broadcast auxiliary stations. (19) Frequencies in this band are shared with stations in the private-operational fixed point-to-point microwave service. (20) New facilities in these bands will be licensed only on a secondary basis. Facilities licensed or applied for before January 16, 1992, are permitted to make minor modifications in accordance with § 101.81 and retain their primary status. (21) Any authorization of additional stations to use the 2160-2162 MHz band for Multipoint Distribution Service applied for after January 16, 1992, will be secondary to use of the band for emerging technology services. (22) Frequencies in these bands are for the exclusive use of Private Operational Fixed Point-to-Point Microwave Service (part 101). Frequencies in the 12,700-13,200 MHz band, which were available only to stations authorized in the 12,200-12,700 MHz band as of September 9, 1983, are not available for new facilities. (23) Frequencies in these bands are for the exclusive use of Common Carrier Fixed Point-to-Point Microwave Service (part 101). (24) Frequencies in these bands are available for assignment to television pickup and television non-broadcast pickup stations. The maximum power for the local television transmission service in the 14.2-14.4 GHz band is + 45 dBW except that operations are not permitted within 1.5 degrees of the geostationary orbit. Beginning March 1, 2005, no new LTTS operators will be licensed and no existing LTTS licenses shall be issued in the 11.7-12.2 and 14.2-14.4 GHz bands. (25) Frequencies in these bands are available for assignment to television STL stations. For 3,700-4,200 MHz, frequencies are only available for locations outside the contiguous United States and applications for new permanent or temporary facilities in this band will not be accepted for locations in the contiguous United States. Existing licensees as of April 19, 2018, of permanent and temporary point-to-point Fixed Service links in the contiguous United States have until December 5, 2023, to self-relocate their point-to-point links out of the 3,700-4,200 MHz band. (26) Frequencies from 21.8-22.0 GHz and 23.0-23.2 GHz may be authorized for low power, limited coverage systems subject to the provisions of paragraph (s)(8) of this section. (27) Frequencies in the 932 to 932.5 MHz and 941 to 941.5 MHz bands are shared with Government fixed point-to-multipoint stations. Frequencies in these bands are paired with one another and are available for flexible use for transmission of the licensee's products and information services, excluding video entertainment material. 932.00625/941.00625 MHz to 932.24375/941.24375 MHz is licensed by Economic Area. 932.25625/941.25625 MHz to 932.49375/941.49375 MHz is licensed on a site-by-site basis. (28) Licensees that obtain authorizations in the 928/952/956 MHz MAS bands subsequent to July 1, 1999 are limited to private internal services, as defined in § 101.1305 . Incumbent operations in the 928/952/956 MHz MAS bands, as defined in § 101.1331(a) , are subject to grandfather rights pursuant to § 101.1331 . The 928.85-929.0 MHz and 959.85-960.0 MHz bands are licensed on a geographic area basis with no eligibility restrictions. The 928.0-928.85 MHz band paired with the 952.0-952.85 MHz band, in addition to unpaired frequencies in the 956.25-956.45 MHz band, are licensed on a site-by-site basis and used for terrestrial point-to-point and point-to-multipoint fixed and limited mobile operations. The 928.85-929.0 MHz band paired with the 959.85-960.0 MHz band is licensed by Economic Area and used for terrestrial point-to-point and point-to-multipoint fixed operations. (29) Frequencies in this band are shared with stations in the Multipoint Distribution Service (part 21). These frequencies may be used for the transmission of the licensee's products and information services, excluding video entertainment material to the licensee's customers. (30) The frequency band 18,580-19,300 GHz is not available for new licensees after June 8, 2000, except for low power indoor stations in the band 18,820-18,870 MHz and 19,160-19,210 MHz. (31) This frequency band can be used for Multichannel Video Distribution and Data Service (MVDDS) shared with Direct Broadcast Satellite (DBS) Services on a co-primary non-harmful interference basis and on a co-primary basis with NGSO FSS satellite earth stations. Incumbent private operational fixed point-to-point licensees can also use these frequencies on a site by site basis. (32) Frequencies in this band are shared with stations in the fixed-satellite service, subject to the conditions specified in footnote 15 of § 25.202(a)(1) of this chapter , see 47 CFR 47 25.202(a)(1) n.16. (33) The coordination of a new 30 megahertz link in the 6,525-6,875 MHz band should be attempted only if it cannot be accommodated in the 5,925-6,425 MHz band. (34) In the bands 6,875-7,125 MHz and 12,700-13,150 MHz, links shall not intersect with the service areas of television pickup stations. ( b ) Frequencies normally available for assignment in this service are set forth with applicable limitations in the following tables: 928-960 MHz Multiple address system (MAS) frequencies are available for the point-to-multipoint and point-to-point transmission of a licensee's products or services, excluding video entertainment material, to a licensee's customer or for its own internal communications. The paired frequencies listed in this section are used for two-way communications between a master station and remote stations. Ancillary one-way communications on paired frequencies are permitted on a case-by-case basis. Ancillary communications between interrelated master stations are permitted on a secondary basis. The normal channel bandwidth assigned will be 12.5 kHz. EA licensees, however, may combine contiguous channels without limit or justification. Site-based licensees may combine contiguous channels up to 50 kHz, and more than 50 kHz only upon a showing of adequate justification. Any bandwidth (12.5 kHz, 25 kHz or greater) authorized in accordance with this section may be subdivided into narrower bandwidths to create additional (or sub) frequencies without the need to specify each discrete frequency within the specific bandwidth. Equipment that is used to create additional frequencies by narrowing bandwidth (whether authorized for a 12.5 kHz, 25 kHz or greater bandwidth) will be required to meet, at a minimum, the ±0.00015 percent tolerance requirement so that all subfrequencies will be within the emission mask. Systems licensed for frequencies in these MAS bands prior to August 1, 1975, may continue to operate as authorized until June 11, 1996, at which time they must comply with current MAS operations based on the 12.5 kHz channelization set forth in this paragraph. Systems licensed between August 1, 1975, and January 1, 1981, inclusive, are required to comply with the grandfathered 25 kHz standard bandwidth and channelization requirements set forth in this paragraph. Systems originally licensed after January 1, 1981, and on or before May 11, 1988, with bandwidths of 25 kHz and above, will be grandfathered indefinitely. Note to paragraph ( b ) introductory text: Paragraphs (b)(1) through (b)(5) and Tables 1 through 7 of this section pertain to Multiple Address System (MAS) frequencies and paragraph (b)(6) and Tables 8 through 11 of this section pertain to Point-To-Point frequencies. ( 1 ) Frequencies listed in this paragraph are designated for private internal use and are subject to site-based licensing. Table 1—Paired Frequencies (MHz) [12.5 kHz bandwidth] Remote transmit Master transmit 928.00625 952.00625 928.01875 952.01875 928.03125 952.03125 928.04375 952.04375 928.05625 952.05625 928.06875 952.06875 928.08125 952.08125 928.09375 952.09375 928.10625 952.10625 928.11875 952.11875 928.13125 952.13125 928.14375 952.14375 928.15625 952.15625 928.16875 952.16875 928.18125 952.18125 928.19375 952.19375 928.20625 952.20625 928.21875 952.21875 928.23125 952.23125 928.24375 952.24375 928.25625 952.25625 928.26875 952.26875 928.28125 952.28125 928.29375 952.29375 928.30625 952.30625 928.31875 952.31875 928.33125 952.33125 928.34375 952.34375 Unpaired Frequencies (MHz) [12.5 kHz bandwidth] D D D 956.25625 956.33125 956.39375 956.26875 956.34375 956.40625 956.28125 956.35625 956.41875 956.29375 956.36875 956.43125 956.30625 956.38125 956.44375 956.31875 Table 2—Paired Frequencies (MHz) [25 kHz bandwidth] Remote transmit Master transmit 928.0125 952.0125 928.0375 952.0375 928.0625 952.0625 928.0875 952.0875 928.1125 952.1125 928.1375 952.1375 928.1625 952.1625 928.1875 952.1875 928.2125 952.2125 928.2375 952.2375 928.2625 952.2625 928.2875 952.2875 928.3125 952.3125 928.3375 952.3375 Unpaired Frequencies (MHz) [25 kHz bandwidth] 956.2625 956.3375 956.4125 956.2875 956.3625 956.4375 956.3125 956.3875 ( 2 ) Frequencies listed in this paragraph are designated for private internal use and are subject to site-based licensing. Table 3—Paired Frequencies (MHz) [12.5 kHz bandwidth] Remote transmit Master transmit 928.35625 952.35625 928.36875 928.36875 928.38125 952.38125 928.39375 952.39375 928.40625 952.40625 928.41875 952.41875 928.43125 952.43125 928.44375 952.44375 928.45625 952.45625 928.46875 952.46875 928.48125 952.48125 928.49375 952.49375 928.50625 952.50625 928.51875 952.51875 928.53125 952.53125 928.54375 952.54375 928.55625 952.55625 928.56875 952.56875 928.58125 952.58125 928.59375 952.59375 928.60625 952.60625 928.61875 952.61875 928.63125 952.63125 928.64375 952.64375 928.65625 952.65625 928.66875 952.66875 928.68125 952.68125 928.69375 952.69375 928.70625 952.70625 928.71875 952.71875 928.73125 952.73125 928.74375 952.74375 928.75625 952.75625 928.76875 952.76875 928.78125 952.78125 928.79375 952.79375 928.80625 952.80625 928.81875 952.81875 928.83125 952.83125 928.84375 952.84375 Table 4—Paired Frequencies (MHz) [25 kHz bandwidth] Remote transmit Master transmit 928.3625 952.3625 928.3875 952.3875 928.4125 952.4125 928.4375 952.4375 928.4625 952.4625 928.4875 952.4875 928.5125 952.5125 928.5375 952.5375 928.5625 952.5625 928.5875 952.5875 928.6125 952.6125 928.6375 952.6375 928.6625 952.6625 928.6875 952.6875 928.7125 952.7125 928.7375 952.7375 928.7625 952.7625 928.7875 952.7875 928.8125 952.8125 928.8375 952.8375 ( 3 ) Frequencies listed in this paragraph are not restricted to private internal use and are licensed by geographic area. Incumbent facilities must be protected. Table 5—Paired Frequencies (MHz) [12.5 kHz bandwidth] Remote transmit Master transmit 928.85625 959.85625 928.86875 959.86875 928.88125 959.88125 928.89375 959.89375 928.90625 959.90625 928.91875 959.91875 928.93125 959.93125 928.94375 959.94375 928.95625 959.95625 928.96875 959.96875 928.98125 959.98125 928.99375 959.99375 Table 6—Paired Frequencies (MHz) [25 kHz bandwidth] Remote transmit Master transmit 928.8625 959.8625 928.8875 959.8875 928.9125 959.9125 928.9375 959.9375 928.9625 959.9625 928.9875 959.9875 ( 4 ) Frequencies listed in this paragraph are licensed by either economic area or on a site-by-site basis. Table 7—Paired Frequencies Remote transmit Master transmit Licensed by Economic Area (12.5 kHz bandwidth): 932.00625 941.00625 932.01875 941.01875 932.03125 941.03125 932.04375 941.04375 932.05625 941.05625 932.06875 941.06875 932.08125 941.08125 932.09375 941.09375 (50 kHz bandwidth): 932.12500 941.12500 (12.5 kHz bandwidth): 932.15625 941.15625 932.16875 941.16875 932.18125 941.18125 932.19375 941.19375 932.20625 941.20625 932.21875 941.21875 932.23125 941.23125 932.24375 941.24375 Reserved for public safety and private internal use. Licensed on site-by-site basis. (12.5 kHz bandwidth): 932.25625 941.25625 932.26875 941.26875 932.28125 941.28125 932.29375 941.29375 932.30625 941.30625 932.31875 941.31875 932.33125 941.33125 932.34375 941.34375 932.35625 941.35625 932.36875 941.36875 932.38125 941.38125 932.39375 941.39375 932.40625 941.40625 932.41875 941.41875 932.43125 941.43125 Reserved for Public Safety and Federal Government Use. Licensed on site-by-site basis. (12.5 kHz bandwidth): 932.44375 941.44375 932.45625 941.45625 932.46875 941.46875 932.48125 941.48125 932.49375 941.49375 ( 5 ) Equivalent power and antenna heights for multiple address master stations: Antenna height (AAT) in meters Maximum effective radiated power Watts dBm Above 305 200 53 Above 274 to 305 250 54 Above 244 to 274 315 55 Above 213 to 244 400 56 Above 182 to 213 500 57 Above 152.5 to 182 630 58 152.5 and below 1,000 60 For mobile operations the maximum ERP is 25 watts (44 dBm). ( 6 ) Fixed point-to-point frequencies. Table 8—Paired Frequencies [All frequencies may be used by Common Carrier Fixed Point-to-Point and Private Operational Fixed Point-to-Point Microwave Service licensees; 25 kHz bandwidth] Transmit (receive) (MHz) Receive (transmit) (MHz) 932.5125 941.5125 932.5375 941.5375 932.5625 941.5625 932.5875 941.5875 932.6125 941.6125 932.6375 941.6375 932.6625 941.6625 934.8375 943.8375 934.8625 943.8625 934.8875 943.8875 934.9125 943.9125 934.9375 943.9375 934.9625 943.9625 934.9875 943.9875 Table 9—Paired Frequencies [Frequencies may be used only by Private Operational Fixed Point-to-Point Microwave Service licensees, unless otherwise noted; 50 kHz bandwidth] Transmit (receive) (MHz) Receive (transmit) (MHz) 932.70 1 1 941.70 932.75 1 1 941.75 934.80 1 1 943.80 956.65 953.05 956.75 953.15 956.85 953.25 956.95 953.35 957.05 953.45 957.25 953.65 957.35 953.75 957.45 953.85 957.65 954.05 957.75 954.15 957.85 954.25 958.05 954.45 958.15 954.55 958.25 954.65 958.45 954.85 958.55 954.95 958.65 955.05 958.85 955.25 958.95 955.35 959.05 955.45 959.25 955.65 959.35 955.75 959.45 955.85 959.55 955.95 959.65 956.05 1 These frequencies also may be used by Common Carrier Fixed Point-to-Point Microwave licensees. Table 10—Paired Frequencies [Frequencies may be used only by Private Operational Fixed Point-to-Point Microwave licensees, unless otherwise noted; 100 kHz bandwidth] Transmit (receive) (MHz) Receive (transmit) (MHz) 932.8250 1 1 941.8250 932.9250 1 1 941.9250 933.0250 1 1 942.0250 934.5250 1 1 943.5250 934.6250 1 1 943.6250 934.7250 1 1 943.7250 956.6 953.0 956.7 953.1 956.8 953.2 956.9 953.3 957.0 953.4 957.1 953.5 957.2 953.6 957.3 953.7 957.4 953.8 957.5 953.9 957.6 954.0 957.7 954.1 957.8 954.2 957.9 954.3 958.0 954.4 958.1 954.5 958.2 954.6 958.3 954.7 958.4 954.8 958.5 954.9 958.6 955.0 958.7 955.1 958.8 955.2 958.9 955.3 959.0 955.4 959.1 955.5 959.2 955.6 959.3 955.7 959.4 955.8 959.5 955.9 959.6 956.0 959.7 956.1 1 These frequencies also may be used by Common Carrier Fixed Point-to-Point Microwave licensees. Table 11—Paired Frequencies [Frequencies may be used only by Private Operational Fixed Point-to-Point Microwave licensees, unless otherwise noted; (200 kHz bandwidth)] Transmit (receive) (MHz) Receive (transmit) (MHz) 933.1750 1 1 942.1750 933.3750 1 1 942.3750 933.5750 1 1 942.5750 933.7750 1 1 942.7750 933.9750 1 1 942.9750 934.1750 1 1 943.1750 934.3750 1 1 943.3750 957.15 953.55 957.55 953.95 957.95 954.35 958.35 954.75 958.75 955.15 959.15 955.55 1 These frequencies also may be used by Common Carrier Fixed Point-to-Point Microwave licensees. ( c ) 1850-1990 MHz. (1) 10 MHz maximum bandwidth. Paired Frequencies Transmit (receive) (MHz) Receive (transmit) (MHz) 1855 1935 1865 1945 1875 1955 1885 1965 1895 1975 1905 1985 Unpaired Frequencies 1915 1 1925 1 1 Available for systems employing one-way transmission. ( 2 ) 5 MHz maximum bandwidth. Paired Frequencies Transmit (receive) (MHz) Receive (transmit) (MHz) 1860 1940 1870 1950 1880 1960 1890 1970 1900 1980 ( d ) 2130-2150 MHz; 2180-2200 MHz. 800 kHz maximum bandwidth, unless noted. Paired Frequencies 2130-2150 2180-2200 Transmit (receive) (MHz) Receive (transmit) (MHz) 2130.8 2180.8 2131.6 1 2181.6 2132.4 2182.4 2133.2 1 2183.2 2134.0 2184.0 2134.8 1 2184.8 2135.6 2185.6 2136.4 1 2186.4 2137.2 2187.2 2138.0 1 2188.0 2139.6 1 2189.6 2138.8 2188.8 2140.4 2190.4 2141.2 1 2191.2 2142.0 2192.0 2142.8 1 2192.8 2143.6 2193.6 2144.4 1 2194.4 2145.2 2195.2 2146.0 1 2196.0 2146.8 2196.8 2147.6 1 2197.6 2148.4 2198.4 2149.2 2199.2 1 Consideration will be given on a case-by-case basis to assigning these frequency pairs to systems employing 1600 KHz bandwidth transmissions. ( e ) [Reserved] ( f ) 2450-2500 MHz. ( 1 ) This band is shared with other communications services and is not subject to protection from interference from industrial, scientific, and medical devices operating on 2450 MHz. ( 2 ) Stations licensed in this band under this part prior to March 1, 1996, are grandfathered and may continue their authorized operations. Stations licensed in the 2483.5-2500 MHz portion of the band as of July 25, 1985, and licensees whose initial applications were filed on or before July 25, 1985, are grandfathered, and may continue operations, subject only to license renewal, on a co-primary basis with with the mobile-satellite and radiodetermination-satellite services, and in the segment 2495-2500 MHz, their operations are also on a co-primary basis with part 27 fixed and mobile except aeronautical mobile service operations. ( 3 ) 625 KHz bandwidth channels. The normal bandwidth authorized will be 625 KHz. Upon adequate justification, additional contiguous channels may be authorized to provide up to a 2500 KHz bandwidth. Paired Frequencies Transmit (receive) (MHz) Receive (transmit) (MHz) 2450.3125 2467.5625 2450.9375 2468.1875 2451.5625 2468.8125 2452.1875 2469.4375 2452.8125 2470.0625 2453.4375 2470.6875 2454.0625 2471.3125 2454.6875 2471.9375 2455.3125 2472.5625 2455.9375 2473.1875 2456.5625 2473.8125 2457.1875 2474.4375 2457.8125 2475.0625 2458.4375 2475.6875 2459.0625 2476.3125 2459.6875 2476.9375 2460.3125 2477.5625 2460.9375 2478.1875 2461.5625 2478.8125 2462.1875 2479.4375 2462.8125 2480.0625 2463.4375 2480.6875 2464.0625 2481.3125 2464.6875 2481.9375 2465.3125 2482.5625 2465.9375 2483.1875 ( g ) [Reserved] ( h ) 3,700 to 4,200 MHz outside the contiguous United States. 20 MHz maximum authorized bandwidth. 20 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 3710 3750 3730 3770 3790 3830 3810 3850 3870 3910 3890 3930 3950 3990 3970 4010 4030 4070 4050 4090 4110 4150 4130 4170 N/A 1 4190 1 This frequency may be assigned for unpaired use. ( i ) 5,925 to 6,425 MHz. 60 MHz authorized bandwidth. ( 1 ) 400 kHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 5925.225 6177.100 5925.625 6177.500 5926.050 6177.925 5926.450 6178.325 5926.875 6178.750 5927.275 6179.150 5927.725 6179.600 5928.125 6180.000 5928.550 6180.425 5928.950 6180.825 5929.375 6181.250 5929.775 6181.650 6168.350 6420.225 6168.750 6420.625 6169.175 6421.050 6169.575 6421.450 6170.000 6421.875 6170.400 6422.275 6170.850 6422.725 6171.250 6423.125 6171.675 6423.550 6172.075 6423.950 6172.500 6424.375 6172.900 6424.775 ( 2 ) 800 kHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 5925.425 6177.300 5926.250 6178.125 5927.075 6178.950 5927.925 6179.800 5928.750 6180.625 5929.575 6181.450 6168.550 6420.425 6169.375 6421.250 6170.200 6422.075 6171.050 6422.925 6171.875 6423.750 6172.700 6424.575 ( 3 ) 1.25 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 5925.625 6177.500 5926.875 6178.750 5928.125 6180.000 5929.375 6181.250 6108.893 6360.933 6110.128 6362.168 6111.364 6363.404 6112.599 6364.639 6113.834 6365.874 6115.070 6367.110 6116.305 6368.345 6117.541 6369.581 6118.776 6370.816 6120.011 6372.051 6121.247 6373.287 6122.482 6374.522 6123.718 6375.758 6124.953 6376.993 6126.189 6378.229 6127.424 6379.464 6128.659 6380.699 6129.895 6381.935 6131.130 6383.170 6132.366 6384.406 6133.601 6385.641 6134.836 6386.876 6136.072 6388.112 6137.307 6389.347 6138.543 6390.583 6139.778 6391.818 6141.014 6393.054 6142.249 6394.289 6143.484 6395.524 6144.720 6396.760 6145.955 6397.995 6147.191 6399.231 6148.426 6400.466 6149.661 6401.701 6150.897 6402.937 6152.132 6404.172 6153.368 6405.408 6154.603 6406.643 6155.839 6407.879 6157.074 6409.114 6158.309 6410.349 6159.545 6411.585 6160.780 6412.820 6162.016 6414.056 6163.251 6415.291 6164.486 6416.526 6165.722 6417.762 6166.957 6418.997 6168.750 6420.625 6170.000 6421.875 6171.250 6423.125 6172.500 6424.375 6173.750 1 N/A 6175.000 1 N/A 6176.250 1 N/A 1 These frequencies may be assigned for unpaired use. ( 4 ) 2.5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 5926.250 6178.125 5928.750 6180.625 6109.510 6361.550 6111.981 6364.021 6114.452 6366.492 6116.923 6368.963 6119.394 6371.434 6121.865 6373.905 6124.335 6376.375 6126.806 6378.846 6129.277 6381.317 6131.748 6383.788 6134.219 6386.259 6136.690 6388.730 6139.160 6391.200 6141.631 6393.671 6144.102 6396.142 6146.573 6398.613 6149.044 6401.084 6151.515 6403.555 6153.985 6406.025 6156.456 6408.496 6158.927 6410.967 6161.398 6413.438 6163.869 6415.909 6166.340 6418.380 6169.375 6421.250 6171.875 6423.750 6175.625 1 N/A 1 This frequency may be assigned for unpaired use. ( 5 ) 3.75 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6111.364 6363.404 6116.305 6368.345 6121.247 6373.287 6126.189 6378.229 6131.130 6383.170 6136.072 6388.112 6141.014 6393.054 6145.955 6397.995 6150.897 6402.937 6155.839 6407.879 6160.780 6412.820 6165.722 6417.762 6175.000 1 N/A 1 This frequency may be assigned for unpaired use. ( 6 ) 5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6110.75 6362.79 6115.69 6367.73 6120.63 6372.67 6125.57 6377.61 6130.51 6382.55 6135.45 6387.49 6140.40 6392.44 6145.34 6397.38 6150.28 6402.32 6155.22 6407.26 6160.16 6412.20 6165.10 6417.14 ( 7 ) 10 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 5935.32 6187.36 5945.20 6197.24 5955.08 6207.12 5964.97 6217.01 5974.85 6226.89 5984.73 6236.77 5994.62 6246.66 6004.50 6256.54 6014.38 6266.42 6024.27 6276.31 6034.15 6286.19 6044.03 6296.07 6053.92 6305.96 6063.80 6315.84 6073.68 6325.72 6083.57 6335.61 6093.45 6345.49 6103.33 6355.37 6113.22 1 1 6365.26 6123.10 1 1 6375.14 6132.98 1 1 6385.02 6142.87 1 1 6394.91 6152.75 1 1 6404.79 6162.63 1 1 6414.67 1 Alternate channels. These channels are set aside for narrow bandwidth systems and should be used only if all other channels are blocked. ( 8 ) 30 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 5945.20 6197.24 5974.85 6226.89 6004.50 6256.54 6034.15 6286.19 6063.80 6315.84 6093.45 6345.49 6123.10 1 1 6375.14 6152.75 1 1 6404.79 1 Alternate channels. These channels are set aside for narrow bandwidth systems and should be used only if all other channels are blocked. ( 9 ) 60 MHz bandwidth channels: 1 Transmit (receive) (MHz) Receive (transmit) (MHz) 5960.025 6212.065 6019.325 6271.365 6078.625 6330.665 6137.925 6389.965 ( j ) 6,425 to 6,525 MHz: Mobile. Paired and un-paired operations permitted. Use of this spectrum for direct delivery of video programs to the general public or multi-channel cable distribution is not permitted. This band is co-equally shared with mobile stations licensed pursuant to parts 74 and 78 of the Commission's Rules. Stations not intended to be operated while in motion will be licensed under the provision of § 101.31 . The following channel plans apply. ( 1 ) 1 MHz maximum authorized bandwidth channels: Transmit (or receive) (MHz) Receive (or transmit) (MHz) 6425.5 6475.5 6450.5 6500.5 ( 2 ) 8 MHz maximum authorized bandwidth channels: Transmit (or receive) (MHz) Receive (or transmit) (MHz) 6430.0 6480.0 6438.0 6488.0 6446.0 6496.0 6455.0 6505.0 6463.0 6513.0 6471.0 6521.0 ( 3 ) 25 MHz maximum authorized bandwidth channels: Transmit (or receive) (MHz) Receive (or transmit) (MHz) 6437.5 6487.5 6462.5 6512.5 ( k ) 6,525 to 6,875 MHz. 10 MHz authorized bandwidth. ( 1 ) 400 kHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6525.225 6870.225 6525.625 6870.625 6526.050 6871.050 6526.450 6871.450 6526.875 6871.875 6527.275 6872.275 6527.725 6872.725 6528.125 6873.125 6528.550 6873.550 6528.950 6873.950 6529.375 6874.375 6529.775 6874.775 ( 2 ) 800 kHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6525.425 6870.425 6526.250 6871.250 6527.075 6872.075 6527.925 6872.925 6528.750 6873.750 6529.575 6874.575 ( 3 ) 1.25 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6525.625 6870.625 6526.875 6871.875 6528.125 6873.125 6529.375 6874.375 6540.625 1 1 6718.125 6541.875 1 1 6719.375 6543.125 1 1 6713.125 6544.375 1 1 6714.375 6545.625 1 1 6715.625 6546.875 1 1 6716.875 6548.125 6728.125 6549.375 6729.375 6550.625 6730.625 6551.875 6731.875 6553.125 1 1 6723.125 6554.375 1 1 6724.375 6555.625 1 1 6725.625 6556.875 1 1 6726.875 6558.125 6738.125 6559.375 6739.375 6560.625 6740.625 6561.875 6741.875 6563.125 6733.125 6564.375 6734.375 6565.625 6735.625 6566.875 6736.875 6568.125 1 1 6720.625 6569.375 1 1 6721.875 6580.625 1 1 6868.125 6581.875 1 1 6869.375 6583.125 6743.125 6584.375 6744.375 6585.625 6745.625 6586.875 6746.875 6588.125 6748.125 6589.375 6749.375 6590.625 6750.625 6591.875 6751.875 6593.125 6753.125 6594.375 6754.375 6595.625 6755.625 6596.875 6756.875 6598.125 6758.125 6599.375 6759.375 6600.625 6760.625 6601.875 6761.875 6603.125 6763.125 6604.375 6764.375 6605.625 6765.625 6606.875 6766.875 6608.125 6768.125 6609.375 6769.375 6610.625 6770.625 6611.875 6771.875 6613.125 6773.125 6614.375 6774.375 6615.625 6775.625 6616.875 6776.875 6618.125 6778.125 6619.375 6779.375 6620.625 6780.625 6621.875 6781.875 6623.125 6783.125 6624.375 6784.375 6625.625 6785.625 6626.875 6786.875 6628.125 6788.125 6629.375 6789.375 6630.625 6790.625 6631.875 6791.875 6633.125 6793.125 6634.375 6794.375 6635.625 6795.625 6636.875 6796.875 6638.125 6798.125 6639.375 6799.375 6640.625 6800.625 6641.875 6801.875 6643.125 6803.125 6644.375 6804.375 6645.625 6805.625 6646.875 6806.875 6648.125 6808.125 6649.375 6809.375 6650.625 6810.625 6651.875 6811.875 6653.125 6813.125 6654.375 6814.375 6655.625 6815.625 6656.875 6816.875 6658.125 6818.125 6659.375 6819.375 6660.625 6820.625 6661.875 6821.875 6663.125 6823.125 6664.375 6824.375 6665.625 6825.625 6666.875 6826.875 6668.125 6828.125 6669.375 6829.375 6670.625 6830.625 6671.875 6831.875 6673.125 6833.125 6674.375 6834.375 6675.625 6835.625 6676.875 6836.875 6678.125 6838.125 6679.375 6839.375 6680.625 6840.625 6681.875 6841.875 6683.125 6843.125 6684.375 6844.375 6685.625 6845.625 6686.875 6846.875 6688.125 6848.125 6689.375 6849.375 6690.625 6850.625 6691.875 6851.875 6693.125 6853.125 6694.375 6854.375 6695.625 6855.625 6696.875 6856.875 6698.125 6858.125 6699.375 6859.375 6700.625 6860.625 6701.875 6861.875 6703.125 6863.125 6704.375 6864.375 6705.625 6865.625 6706.875 6866.875 6708.125 1 1 6710.625 6709.375 1 1 6711.875 1 These frequencies may be assigned for unpaired use. ( 4 ) 2.5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6526.25 6871.25 6528.75 6873.75 6541.25 1 1 6718.75 6543.75 1 1 6713.75 6546.25 1 1 6716.25 6548.75 6728.75 6551.25 6731.25 6553.75 1 1 6723.75 6556.25 1 1 6726.25 6558.75 6738.75 6561.25 6741.25 6563.75 6733.75 6566.25 6736.25 6568.75 1 1 6721.25 6581.25 1 1 6868.75 6583.75 6743.75 6586.25 6746.25 6588.75 6748.75 6591.25 6751.25 6593.75 6753.75 6596.25 6756.25 6598.75 6758.75 6601.25 6761.25 6603.75 6763.75 6606.25 6766.25 6608.75 6768.75 6611.25 6771.25 6613.75 6773.75 6616.25 6776.25 6618.75 6778.75 6621.25 6781.25 6623.75 6783.75 6626.25 6786.25 6628.75 6788.75 6631.25 6791.25 6633.75 6793.75 6636.25 6796.25 6638.75 6798.75 6641.25 6801.25 6643.75 6803.75 6646.25 6806.25 6648.75 6808.75 6651.25 6811.25 6653.75 6813.75 6656.25 6816.25 6658.75 6818.75 6661.25 6821.25 6663.75 6823.75 6666.25 6826.25 6668.75 6828.75 6671.25 6831.25 6673.75 6833.75 6676.25 6836.25 6678.75 6838.75 6681.25 6841.25 6683.75 6843.75 6686.25 6846.25 6688.75 6848.75 6691.25 6851.25 6693.75 6853.75 6696.25 6856.25 6698.75 6858.75 6701.25 6861.25 6703.75 6863.75 6706.25 6866.25 6708.75 1 1 6711.25 1 These frequencies may be assigned for unpaired use. ( 5 ) 3.75 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6545.625 1 6715.625 1 6550.625 6730.625 6555.625 1 6725.625 1 6560.625 6740.625 6565.625 6735.625 6585.625 6745.625 6590.625 6750.625 6595.625 6755.625 6600.625 6760.625 6605.625 6765.625 6610.625 6770.625 6615.625 6775.625 6620.625 6780.625 6625.625 6785.625 6630.625 6790.625 6635.625 6795.625 6640.625 6800.625 6645.625 6805.625 6650.625 6810.625 6655.625 6815.625 6660.625 6820.625 6665.625 6825.625 6670.625 6830.625 6675.625 6835.625 6680.625 6840.625 6685.625 6845.625 6690.625 6850.625 6695.625 6855.625 6700.625 6860.625 6705.625 6865.625 6710.625 1 1 6720.625 1 These frequencies may be assigned for unpaired use. ( 6 ) 5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6545 1 1 6715 6550 6730 6555 1 1 6725 6560 6740 6565 6735 6585 6745 6590 6750 6595 6755 6600 6760 6605 6765 6610 6770 6615 6775 6620 6780 6625 6785 6630 6790 6635 6795 6640 6800 6645 6805 6650 6810 6655 6815 6660 6820 6665 6825 6670 6830 6675 6835 6680 6840 6685 6845 6690 6850 6695 6855 6700 6860 6705 6865 6710 1 1 6720 1 These frequencies may be assigned for unpaired use. ( 7 ) 10 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6545 1 1 6715 6555 1 1 6725 6565 6735 6585 6745 6595 6755 6605 6765 6615 6775 6625 6785 6635 6795 6645 6805 6655 6815 6665 6825 6675 6835 6685 6845 6695 6855 6705 6865 6535 2 2 6575 1 These frequencies may be assigned for unpaired use. 2 Available only for emergency restoration, maintenance bypass, or other temporary-fixed purposes. Such uses are authorized on a non-interference basis to other frequencies in this band. Interference analysis required by § 101.105 does not apply to this frequency pair. ( 8 ) 30 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6555 6725 6595 6755 6625 6785 6655 6815 6685 6845 ( l ) 6875 to 7125 MHz. 25 MHz authorized bandwidth. ( 1 ) 5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6877.5 7027.5 6882.5 7032.5 6887.5 7037.5 6892.5 7042.5 6897.5 7047.5 6902.5 7052.5 6907.5 7057.5 6912.5 7062.5 6917.5 7067.5 6922.5 7072.5 6927.5 7077.5 6932.5 7082.5 6937.5 7087.5 6942.5 7092.5 6947.5 7097.5 6952.5 7102.5 6957.5 7107.5 6962.5 7112.5 6967.5 7117.5 6972.5 7122.5 ( 2 ) 8.33 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6879.165 7029.165 6887.495 7037.495 6895.825 7045.825 6904.155 7054.155 6912.485 7062.485 6920.815 7070.815 6929.145 7079.145 6937.475 7087.475 6945.805 7095.805 6954.135 7104.135 6962.465 7112.465 6970.795 7120.795 ( 3 ) 12.5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6881.25 7031.25 6893.75 7043.75 6906.25 7056.25 6918.75 7068.75 6931.25 7081.25 6943.75 7093.75 6956.25 7106.25 6968.75 7118.75 ( 4 ) 25 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 6887.5 7037.5 6912.5 7062.5 6937.5 7087.5 6962.5 7112.5 ( m ) 10,550 to 10,680 MHz. 5 MHz authorized bandwidth. ( 1 ) 400 kHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 10605.225 10670.225 10605.625 10670.625 10606.050 10671.050 10606.450 10671.450 10606.875 10671.875 10607.275 10672.275 10607.725 10672.725 10608.125 10673.125 10608.550 10673.550 10608.950 10673.950 10609.375 10674.375 10609.775 10674.775 10610.225 10675.225 10610.625 10675.625 10611.050 10676.050 10611.450 10676.450 10611.875 10676.875 10612.275 10677.275 10612.725 10677.725 10613.125 10678.125 10613.550 10678.550 10613.950 10678.950 10614.375 10679.375 10614.775 10679.775 ( 2 ) 800 kHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 10605.425 10670.425 10606.250 10671.250 10607.075 10672.075 10607.925 10672.925 10608.750 10673.750 10609.575 10674.575 10610.425 10675.425 10611.250 10676.250 10612.075 10677.075 10612.925 10677.925 10613.750 10678.750 10614.575 10679.575 ( 3 ) 1.25 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 10550.625 10615.625 10551.875 10616.875 10553.125 10618.125 10554.375 10619.375 10555.625 10620.625 10556.875 10621.875 10558.125 10623.125 10559.375 10624.375 10560.625 10625.625 10561.875 10626.875 10563.125 10628.125 10564.375 10629.375 10565.625 10630.625 10566.875 10631.875 10568.125 10633.125 10569.375 10634.375 10570.625 10635.625 10571.875 10636.875 10573.125 10638.125 10574.375 10639.375 10575.625 10640.625 10576.875 10641.875 10578.125 10643.125 10579.375 10644.375 10580.625 10645.625 10581.875 10646.875 10583.125 10648.125 10584.375 10649.375 10585.625 10650.625 10586.875 10651.875 10588.125 10653.125 10589.375 10654.375 10590.625 10655.625 10591.875 10656.875 10593.125 10658.125 10594.375 10659.375 10595.625 10660.625 10596.875 10661.875 10598.125 10663.125 10599.375 10664.375 10600.625 10665.625 10601.875 10666.875 10603.125 10668.125 10604.375 10669.375 10605.625 10670.625 10606.875 10671.875 10608.125 10673.125 10609.375 10674.375 10610.625 10675.625 10611.875 10676.875 10613.125 10678.125 10614.375 10679.375 ( 4 ) 2.5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 10551.25 10616.25 10553.75 10618.75 10556.25 10621.25 10558.75 10623.75 10561.25 10626.25 10563.75 10628.75 10566.25 10631.25 10568.75 10633.75 10571.25 10636.25 10573.75 10638.75 10576.25 10641.25 10578.75 10643.75 10581.25 1 1 10646.25 10583.75 1 1 10648.75 10586.25 1 1 10651.25 10588.75 1 1 10653.75 10591.25 1 1 10656.25 10593.75 1 1 10658.75 10596.25 1 1 10661.25 10598.75 1 1 10663.75 10601.25 1 1 10666.25 10603.75 1 1 10668.75 10606.25 1 1 10671.25 10608.75 1 1 10673.75 10611.25 1 1 10676.25 10613.75 1 1 10678.75 1 These frequencies are also available for DEMS stations licensed, in operation, or applied for prior to July 15, 1993. ( 5 ) 3.75 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 10553.125 10618.125 10558.125 10623.125 10563.125 10628.125 10568.125 10633.125 10573.125 10638.125 10578.125 10643.125 10583.125 10648.125 10588.125 10653.125 10593.125 10658.125 10598.125 10663.125 10603.125 10668.125 ( 6 ) 5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 10552.5 10617.5 10557.5 10622.5 10562.5 10627.5 10567.5 1 1 10632.5 10572.5 1 1 10637.5 10577.5 1 1 10642.5 10582.5 1 1 10647.5 10587.5 10652.5 10592.5 10657.5 10597.5 10662.5 10602.5 10667.5 1 These frequencies are also available for DEMS stations licensed, in operation, or applied for prior to July 15, 1993. ( n ) Point-to-multipoint systems licensed, in operation, or applied for in the 10,550-10,680 MHz band prior to July 15, 1993, are permitted to use the DEMS frequencies noted above if they prior coordinate such usage with the necessary parties including 10 GHz point-to-point applicants and licensees. DEMS Nodal Stations shall use the band 10,565-10,615 MHz while DEMS User Stations shall use the band 10,630-10,680 MHz. ( o ) 10,700 to 11,700 MHz. 80 MHz authorized bandwidth. ( 1 ) 1.25 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 11130.625 11620.625 11131.875 11621.875 11133.125 11623.125 11134.375 11624.375 11135.625 11625.625 11136.875 11626.875 11138.125 11628.125 11139.375 11629.375 11140.625 11630.625 11141.875 11631.875 11143.125 11633.125 11144.375 11634.375 11145.625 11635.625 11146.875 11636.875 11148.125 11638.125 11149.375 11639.375 11150.625 11640.625 11151.875 11641.875 11153.125 11643.125 11154.375 11644.375 11155.625 11645.625 11156.875 11646.875 11158.125 11648.125 11159.375 11649.375 11160.625 11650.625 11161.875 11651.875 11163.125 11653.125 11164.375 11654.375 11165.625 11655.625 11166.875 11656.875 11168.125 11658.125 11169.375 11659.375 11170.625 11660.625 11171.875 11661.875 11173.125 11663.125 11174.375 11664.375 11175.625 11665.625 11176.875 11666.875 11178.125 11668.125 11179.375 11669.375 11180.625 11680.625 11181.875 11681.875 11183.125 11683.125 11184.375 11684.375 11185.625 11685.625 11186.875 11686.875 11188.125 11688.125 11189.375 11689.375 11190.625 11690.625 11191.875 11691.875 11193.125 11693.125 11194.375 11694.375 11195.625 11695.625 11196.875 11696.875 11198.125 11698.125 11199.375 11699.375 ( 2 ) 2.5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 11131.25 11621.25 11133.75 11623.75 11136.25 11626.25 11138.75 11628.75 11141.25 11631.25 11143.75 11633.75 11146.25 11636.25 11148.75 11638.75 11151.25 11641.25 11153.75 11643.75 11156.25 11646.25 11158.75 11648.75 11161.25 11651.25 11163.75 11653.75 11166.25 11656.25 11168.75 11658.75 11171.25 11661.25 11173.75 11663.75 11176.25 11666.25 11178.75 11668.75 11181.25 11681.25 11183.75 11683.75 11186.25 11686.25 11188.75 11688.75 11191.25 11691.25 11193.75 11693.75 11196.25 11696.25 11198.75 11698.75 ( 3 ) 3.75 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 11133.125 11623.125 11138.125 11628.125 11143.125 11633.125 11148.125 11638.125 11153.125 11643.125 11158.125 11648.125 11163.125 11653.125 11168.125 11658.125 11173.125 11663.125 11178.125 11668.125 11183.125 11683.125 11188.125 11688.125 11193.125 11693.125 11198.125 11698.125 ( 4 ) 5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 11132.5 11622.5 11137.5 11627.5 11142.5 11632.5 11147.5 11637.5 11152.5 11642.5 11157.5 11647.5 11162.5 11652.5 11167.5 11657.5 11172.5 11662.5 11177.5 11667.5 11182.5 11682.5 11187.5 11687.5 11192.5 11692.5 11197.5 11697.5 ( 5 ) 10 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 10705 11205 10715 11215 10725 2 1 11675 10735 11225 10745 11235 10755 11245 10765 11255 10775 11265 10785 11275 10795 11285 10805 11295 10815 11305 10825 11315 10835 11325 10845 11335 10855 11345 10865 11355 10875 11365 10885 11375 10895 11385 10905 11395 10915 11405 10925 11415 10935 11425 10945 11435 10955 11445 10965 11455 10975 11465 10985 11475 10995 11485 11005 11495 11015 11505 11025 11515 11035 11525 11045 11535 11055 11545 11065 11555 11075 11565 11085 11575 11095 11585 11105 11595 11115 11605 11125 11615 11135 1 1 11625 11145 1 1 11635 11155 1 1 11645 11165 1 1 11655 11175 1 1 11665 11185 1 1 11685 11195 1 1 11695 1 Alternate channels. These channels are set aside for narrow bandwidth systems and should be used only if all other channels are blocked. 2 These frequencies may be assigned for unpaired use. ( 6 ) 30 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 10715 11215 10755 11245 10795 11285 10835 11325 10875 11365 10915 11405 10955 11445 10995 11485 11035 11525 11075 11565 11115 11605 11155 1 1 11645 11185 1 1 11685 1 Alternate channels. These channels are set aside for narrow bandwidth systems and should be used only if all other channels are blocked. ( 7 ) 40 MHz bandwidth channels: 2 Transmit (receive) (MHz) Receive (transmit) (MHz) 10735 11225 10775 11265 10815 11305 10855 11345 10895 11385 10935 11425 10975 11465 11015 11505 11055 11545 11095 11585 11135 1 1 11625 11175 1 1 11665 1 Alternate channels. These channels are set aside for narrow bandwidth systems and should be used only if all other channels are blocked. 2 In congested areas where 40 MHz channels block most 30 MHz channels, radios authorized for 30 MHz bandwidths may use the 40 MHz channels. In uncongested areas, 30 MHz channels should be used. ( 8 ) 80 MHz bandwidth channels: 1 Transmit (receive) (MHz) Receive (transmit) (MHz) 10755 11245 10835 11325 10915 11405 10995 11485 11075 11565 11155 11645 ( p ) 12,200 to 13,150 MHz — ( 1 ) 12,000-12,700 MHz. The Commission has allocated the 12.2-12.7 GHz band for use by the Direct Broadcast Satellite Service (DBS), the Multichannel Video Distribution and Data Service (MVDDS), and the Non-Geostationary Satellite Orbit Fixed Satellite Service (NGSO FSS). MVDDS shall be licensed on a non-harmful interference co-primary basis to existing DBS operations and on a co-primary basis with NGSO FSS stations in this band. MVDDS use can be on a common carrier and/or non-common carrier basis and can use channels of any desired bandwidth up to the maximum of 500 MHz provided the EIRP does not exceed 14 dBm per 24 megahertz. Private operational fixed point-to-point microwave stations authorized after September 9, 1983, are licensed on a non-harmful interference basis to DBS and are required to make any and all adjustments necessary to prevent harmful interference to operating domestic DBS receivers. Incumbent public safety licensees shall be afforded protection from MVDDS and NGSO FSS licensees, however all other private operational fixed licensees shall be secondary to DBS, MVDDS and NGSO FSS licensees. As of May 23, 2002, the Commission no longer accepts applications for new licenses for point-to-point private operational fixed stations in this band, however, incumbent licensees and previously filed applicants may file applications for minor modifications and amendments (as defined in § 1.929 of this chapter ) thereto, renewals, transfer of control, or assignment of license. Notwithstanding any other provisions, no private operational fixed point-to-point microwave stations are permitted to cause harmful interference to broadcasting-satellite stations of other countries operating in accordance with the Region 2 plan for the Broadcasting-Satellite Service established at the 1983 WARC. ( 2 ) 12,700 to 13,150 MHz. 50 MHz authorized bandwidth. ( i ) 5 MHz channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 12702.5 12927.5 12707.5 12932.5 12712.5 12937.5 12717.5 12942.5 12722.5 12947.5 12727.5 12952.5 12732.5 12957.5 12737.5 12962.5 12742.5 12967.5 12747.5 12972.5 12752.5 12977.5 12757.5 12982.5 12762.5 12987.5 12767.5 12992.5 12772.5 12997.5 12777.5 13002.5 12782.5 13007.5 12787.5 13012.5 12792.5 13017.5 12797.5 13022.5 12802.5 13027.5 12807.5 13032.5 12812.5 13037.5 12817.5 13042.5 12822.5 13047.5 12827.5 13052.5 12832.5 13057.5 12837.5 13062.5 12842.5 13067.5 12847.5 13072.5 12852.5 13077.5 12857.5 13082.5 12862.5 13087.5 12867.5 13092.5 12872.5 13097.5 12877.5 13102.5 12882.5 13107.5 12887.5 13112.5 12892.5 13117.5 12897.5 13122.5 12902.5 13127.5 12907.5 13132.5 12912.5 13137.5 12917.5 13142.5 12922.5 13147.5 ( ii ) 8.33 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 12704.165 12929.165 12712.495 12937.495 12720.825 12945.825 12729.155 12954.155 12737.485 12962.485 12745.815 12970.815 12754.145 12979.145 12762.475 12987.475 12770.805 12995.805 12779.135 13004.135 12787.465 13012.465 12795.795 13020.795 12804.125 13029.125 12812.455 13037.455 12820.785 13045.785 12829.115 13054.115 12837.445 13062.445 12845.775 13070.775 12854.105 13079.105 12862.435 13087.435 12870.765 13095.765 12879.095 13104.095 12887.425 13112.425 12895.755 13120.755 12904.085 13129.085 12912.415 13137.415 ( iii ) 12.5 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 12706.25 12931.25 12718.75 12943.75 12731.25 12956.25 12743.75 12968.75 12756.25 12981.25 12768.75 12993.75 12781.25 13006.25 12793.75 13018.75 12806.25 13031.25 12818.75 13043.75 12831.25 13056.25 12843.75 13068.75 12856.25 13081.25 12868.75 13093.75 12881.25 13106.25 12893.75 13118.75 12906.25 13131.25 12918.75 13143.75 ( iv ) 25 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 12712.5 12937.5 12737.5 12962.5 12762.5 12987.5 12787.5 13012.5 12812.5 13037.5 12837.5 13062.5 12862.5 13087.5 12887.5 13112.5 12912.5 13137.5 ( v ) 50 MHz bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 12725 12950 12775 13000 12825 13050 12875 13100 ( q ) Special provisions for incumbent low power, limited coverage systems in the band segments 12.2-12.7 GHz. ( 1 ) As of May 23, 2002, the Commission no longer accepts applications for new stations in this service and incumbent stations may remain in service provided they do not cause harmful interference to any other primary services licensed in this band as described in paragraph (p) of this section. However, incumbent licensees and previously filed applicants may file applications for minor modifications and amendments (as defined in § 1.929 of this chapter ) thereto, renewals, transfer of control, or assignment of license. ( 2 ) Prior to December 8, 2000, notwithstanding any contrary provisions in this part, the frequency pairs 12.220/12.460 GHz, 12.260/12.500 GHz, 12.300/12.540 GHz and 12.340/12.580 GHz, were authorized for low power, limited coverage systems subject to the following provisions: ( i ) Maximum equivalent isotropically radiated power (EIRP) shall be 55 dBm; ( ii ) The rated transmitter output power shall not exceed 0.5 watts; ( iii ) Frequency tolerance shall be maintained to within 0.01 percent of the assigned frequency; ( iv ) Maximum beamwidth shall not exceed 4 degrees. However, the sidelobe suppression criteria contained in § 101.115 shall not apply, except that a minimum front-to-back ratio of 38 dB shall apply; ( v ) Upon showing of need, a maximum bandwidth of 12 MHz may be authorized per frequency assigned; ( vi ) Radio systems authorized under the provisions of this section shall have no more than three hops in tandem, except upon showing of need, but in any event the maximum tandem length shall not exceed 40 km (25 miles); ( vii ) Interfering signals at the receiver antenna terminals of stations authorized under this section shall not exceed −90 dBm and −70 dBm respectively, for co-channel and adjacent channel interfering signals, and ( viii ) Stations authorized under the provisions of this section shall provide the protection from interference specified in § 101.105 to stations operating in accordance with the provisions of this part. ( r ) 17,700 to 19,700 and 24,250 to 25,250 MHz: Operation of stations using frequencies in these bands is permitted to the extent specified in this paragraph. Until November 19, 2012, stations operating in the band 18.3-18.58 GHz that were licensed or had applications pending before the Commission as of November 19, 2002 shall operate on a shared co-primary basis with other services under parts 21 , 25 , 74 , and 78 of this chapter . Until October 31, 2011, operations in the band 19.26-19.3 GHz and low power systems operating pursuant to paragraph (r)(10) of this section shall operate on a co-primary basis. Until June 8, 2010, stations operating in the band 18.58-18.8 GHz that were licensed or had applications pending before the Commission as of June 8, 2000 may continue those operations on a shared co-primary basis with other services under parts 21 , 25 , 74 , and 78 of this chapter . Until June 8, 2010, stations operating in the band 18.8-19.3 GHz that were licensed or had applications pending before the Commission as of September 18, 1998 may continue those operations on a shared co-primary basis with other services under parts 21 , 25 , 74 , and 78 of this chapter . After November 19, 2012, stations operating in the band 18.3-18.58 GHz are not entitled to protection from fixed-satellite service operations and must not cause unacceptable interference to fixed-satellite service station operations. After June 8, 2010, operations in the 18.58-19.30 GHz band are not entitled to protection from fixed-satellite service operations and must not cause unacceptable interference to fixed-satellite service station operations. After November 19, 2002, no applications for new stations for 47 CFR part 101 licenses will be accepted in the 18.3-18.58 GHz band. After June 8, 2000, no applications for new stations for 47 CFR part 101 licenses will be accepted in the 18.58-19.3 GHz band. Licensees, except 24 GHz band licensees, may use either a two-way link or one frequency of a frequency pair for a one-way link and must coordinate proposed operations pursuant to the procedures required in § 101.103 of this subpart . (Note, however, that stations authorized as of September 9, 1983, to use frequencies in the band 17.7-19.7 GHz may, upon proper application, continue to be authorized for such operations, consistent with the above conditions related to the 18.58-19.3 GHz band.) Applicants for one-way spectrum from 17.7-18.58 GHz for multichannel video programming distribution are governed by paragraph (r)(6) of this section. Licensees are also allowed to use one-way (unpaired) channels in the 17.7-17.74 GHz sub-band to pair with other channels in the FS portions of the 18 GHz band where, for example, the return pair is already in use and therefore blocked or in TDD systems. Stations used for MVPD operations in the 17.7-17.8 GHz band must coordinate with the Federal Government before operating in the zones specified in § 1.924(e) of this chapter . ( 1 ) 1.25 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 17700.625 NA 17701.875 NA 17703.125 NA 17704.375 NA 17705.625 NA 17706.875 NA 17708.125 NA 17709.375 NA 17710.625 NA 17711.875 NA 17713.125 NA 17714.375 NA 17715.625 NA 17716.875 NA 17718.125 NA 17719.375 NA 17721.625 NA 17722.875 NA 17723.125 NA 17724.375 NA 17725.625 NA 17726.875 NA 17728.125 NA 17729.375 NA 17730.625 NA 17731.875 NA 17733.125 NA 17734.375 NA 17735.625 NA 17736.875 NA 17738.125 NA 17739.375 NA 18060.625 19620.625 18061.875 19621.875 18063.125 19623.125 18064.375 19624.375 18065.625 19625.625 18066.875 19626.875 18068.125 19628.125 18069.375 19629.375 18070.625 19630.625 18071.875 19631.875 18073.125 19633.125 18074.375 19634.375 18075.625 19635.625 18076.875 19636.875 18078.125 19638.125 18079.375 19639.375 18080.625 19640.625 18081.875 19641.875 18083.125 19643.125 18084.375 19644.375 18085.625 19645.625 18086.875 19646.875 18088.125 19648.125 18089.375 19649.375 18090.625 19650.625 18091.875 19651.875 18093.125 19653.125 18094.375 19654.375 18095.625 19655.625 18096.875 19656.875 18098.125 19658.125 18099.375 19659.375 18100.625 19660.625 18101.875 19661.875 18103.125 19663.125 18104.375 19664.375 18105.625 19665.625 18106.875 19666.875 18108.125 19668.125 18109.375 19669.375 18110.625 19670.625 18111.875 19671.875 18113.125 19673.125 18114.375 19674.375 18115.625 19675.625 18116.875 19676.875 18118.125 19678.125 18119.375 19679.375 18120.625 19680.625 18121.875 19681.875 18123.125 19683.125 18124.375 19684.375 18125.625 19685.625 18126.875 19686.875 18128.125 19688.125 18129.375 19689.375 18130.625 19690.625 18131.875 19691.875 18133.125 19693.125 18134.375 19694.375 18135.625 19695.625 18136.875 19696.875 18138.125 19698.125 18139.375 19699.375 ( 2 ) 2 Megahertz maximum authorized bandwidth channel: Transmit (receive) (MHz) Receive (transmit) (MHz) 18141.0 N/A ( 3 ) 2.5 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 17701.25 N/A 17703.75 N/A 17706.25 N/A 17708.75 N/A 17711.25 N/A 17713.75 N/A 17716.25 N/A 17718.75 N/A 17721.25 N/A 17723.75 N/A 17726.25 N/A 17728.75 N/A 17731.25 N/A 17733.75 N/A 17736.25 N/A 17738.75 N/A 18061.25 19621.25 18063.75 19623.75 18066.25 19626.25 18068.75 19628.75 18071.25 19631.25 18073.75 19633.75 18076.25 19636.25 18078.75 19638.75 18081.25 19641.25 18083.75 19643.75 18086.25 19646.25 18088.75 19648.75 18091.25 19651.25 18093.75 19653.75 18096.25 19656.25 18098.75 19658.75 18101.25 19661.25 18103.75 19663.75 18106.25 19666.25 18108.75 19668.75 18111.25 19671.25 18113.75 19673.75 18116.25 19676.25 18118.75 19678.75 18121.25 19681.25 18123.75 19683.75 18126.25 19686.25 18128.75 19688.75 18131.25 19691.25 18133.75 19693.75 18136.25 19696.25 18138.75 19698.75 ( 4 ) 5 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 340 Megahertz Separation (* channels are no longer available on a primary basis) 18762.5* 19102.5* 18767.5* 19107.5* 18772.5* 19112.5* 18777.5* 19117.5* 18782.5* 19122.5* 18787.5* 19127.5* 18792.5* 19132.5* 18797.5* 19137.5* 18802.5* 19142.5* 18807.5* 19147.5* 18812.5* 19152.5* 18817.5* 19157.5* ( 5 ) 5 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 Megahertz Separation 17702.5 N/A 17707.5 N/A 17712.5 N/A 17717.5 N/A 17722.5 N/A 17727.5 N/A 17732.5 N/A 17737.5 N/A 18062.5 19622.5 18067.5 19627.5 18072.5 19632.5 18077.5 19637.5 18082.5 19642.5 18087.5 19647.5 18092.5 19652.5 18097.5 19657.5 18102.5 19662.5 18107.5 19667.5 18112.5 19672.5 18117.5 19677.5 18122.5 19682.5 18127.5 19687.5 18132.5 19692.5 18137.5 19697.5 ( 6 ) MVPD use: Multichannel video programming distributors (MVPDs) can use any size channels for one-way operations in the 17.7-18.58 GHz band for any permissible communications specified for this band in § 101.603 provided that they have coordinated the appropriate emission designators and power, but must request contiguous spectrum (minus spectrum that is already licensed or prior coordinated in the area and thus blocked). MVPD systems must meet the efficiency requirements of § 101.141 . Spectrum at 18.3-18.58 GHz is only available for grandfathered stations. See § 101.85 . ( 7 ) 10 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 Megahertz Separation (* channels are no longer available on a primary basis) 17705.0 19265.0* 17715.0 19275.0* 17725.0 19285.0* 17735.0 19295.0* 17745.0 19305.0 17755.0 19315.0 17765.0 19325.0 17775.0 19335.0 17785.0 19345.0 17795.0 19355.0 17805.0 19365.0 17815.0 19375.0 17825.0 19385.0 17835.0 19395.0 17845.0 19405.0 17855.0 19415.0 17865.0 19425.0 17875.0 19435.0 17885.0 19445.0 17895.0 19455.0 17905.0 19465.0 17915.0 19475.0 17925.0 19485.0 17935.0 19495.0 17945.0 19505.0 17955.0 19515.0 17965.0 19525.0 17975.0 19535.0 17985.0 19545.0 17995.0 19555.0 18005.0 19565.0 18015.0 19575.0 18025.0 19585.0 18035.0 19595.0 18045.0 19605.0 18055.0 19615.0 18065.0 19625.0 18075.0 19635.0 18085.0 19645.0 18095.0 19655.0 18105.0 19665.0 18115.0 19675.0 18125.0 19685.0 18135.0 19695.0 340 Megahertz Separation 18585.0* 18925.0* 18595.0* 18935.0* 18605.0* 18945.0* 18615.0* 18955.0* 18625.0* 18965.0* 18635.0* 18975.0* 18645.0* 18985.0* 18655.0* 18995.0* 18665.0* 19005.0* 18675.0* 19015.0* 18685.0* 19025.0* 18695.0* 19035.0* 18705.0* 19045.0* 18715.0* 19055.0* 18725.0* 19065.0* 18735.0* 19075.0* 18745.0* 19085.0* 18755.0* 19095.0* 18765.0* 19105.0* 18775.0* 19115.0* 18785.0* 19125.0* 18795.0* 19135.0* 18805.0* 19145.0* 18815.0* 19155.0* ( 8 ) 20 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 Megahertz Separation (* channels are no longer available on a primary basis) 17710.0 19270.0* 17730.0 19290.0* 17750.0 19310.0 17770.0 19330.0 17790.0 19350.0 17810.0 19370.0 17830.0 19390.0 17850.0 19410.0 17870.0 19430.0 17890.0 19450.0 17910.0 19470.0 17930.0 19490.0 17950.0 19510.0 17970.0 19530.0 17990.0 19550.0 18010.0 19570.0 18030.0 19590.0 18050.0 19610.0 18070.0 19630.0 18090.0 19650.0 18110.0 19670.0 18130.0 19690.0 340 Megahertz Separation 18590.0* 18930.0* 18610.0* 18950.0* 18630.0* 18970.0* 18650.0* 18990.0* 18670.0* 19010.0* 18690.0* 19030.0* 18710.0* 19050.0* 18730.0* 19070.0* 18750.0* 19090.0* 18770.0* 19110.0* 18790.0* 19130.0* 18810.0* 19150.0* ( 9 ) 30 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 Megahertz Separation 17715.0 N/A 17755.0 19315.0 17785.0 19345.0 17815.0 19375.0 17845.0 19405.0 17875.0 19435.0 17905.0 19465.0 17935.0 19495.0 17965.0 19525.0 17995.0 19555.0 18025.0 19585.0 18055.0 19615.0 18085.0 19645.0 18115.0 19675.0 ( 10 ) 40 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 Megahertz Separation (* channels are no longer available on a primary basis) 17720.0 19280.0* 17760.0 19320.0 17800.0 19360.0 17840.0 19400.0 17880.0 19440.0 17920.0 19480.0 17960.0 19520.0 18000.0 19560.0 18040.0 19600.0 18080.0 19640.0 18120.0 19680.0 ( 11 ) 50 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 Megahertz Separation 17765.0 19325.0 17815.0 19375.0 17865.0 19425.0 17915.0 19475.0 17965.0 19525.0 18015.0 19575.0 18065.0 19625.0 18115.0 19675.0 ( 12 ) 80 Megahertz maximum authorized bandwidth channels: Transmit (receive) (MHz) Receive (transmit) (MHz) 1560 Megahertz Separation (* channels are no longer available on a primary basis) 17740.0 19300.0* 17820.0 19380.0 17900.0 19460.0 17980.0 19540.0 18060.0 19620.0 ( 13 ) The following frequencies on channels 35-39 are available for point-to-multipoint systems and are available by geographic area licensing in the 24 GHz Service to be used as the licensee desires. The 24 GHz spectrum can be aggregated or disaggregated and does not have to be used in the transmit/receive manner shown except to comply with international agreements along the U.S. borders. Channels 35 through 39 are licensed in the 24 GHz Service by Economic Areas for any digital fixed service. Channels may be used at either nodal or subscriber station locations for transmit or receive but must be coordinated with adjacent channel and adjacent area users in accordance with the provisions of § 101.509 of this subpart . Stations also must comply with international coordination agreements. Channel No. Nodal station frequency band (MHz) limits User station frequency band (MHz) limits (* channels are no longer available on a primary basis) 25 18,820-18,830 19,160-19,170* 26 18,830-18,840 19,170-19,180* 27 18,840-18,850 19,180-19,190* 28 18,850-18,860 19,190-19,200* 29 18,860-18,870 19,200-19,210* 30 18,870-18,880 19,210-19,220* 31 18,880-18,890 19,220-19,230* 32 18,890-18,900 19,230-19,240* 33 18,900-18,910 19,240-19,250* 34 18,910-18,920 19,250-19,260* 35 24,250-24,290 25,050-25,090 36 24,290-24,330 25,090-25,130 37 24,330-24,370 25,130-25,170 38 24,370-24,410 25,170-25,210 39 24,410-24,450 25,210-25,250 ( 14 ) Special provision for low power systems in the 17,700-19,700 MHz band: Notwithstanding other provisions in 47 CFR part 101 and except for specified areas around Washington, DC, and Denver, Colorado, licensees of point-to-multipoint channel pairs 25-29 identified in paragraph (r)(13) of this section may continue to operate in accordance with the requirements of § 101.85 and may operate multiple low power transmitting devices within a defined service area. Operations are prohibited within 55 km when used outdoor and within 20 km when used indoor of the coordinates 38 deg.48′ N/76 deg.52′ W (Washington, DC area) and 39 deg.43′ N/104 deg.46′ W (Denver, Colorado area). The service area will be a 28 kilometer omni directional radius originating from specified center reference coordinates. The specified center coordinates must be no closer than 56 kilometers from any co-channel nodal station or the specified center coordinates of another co-channel system. Applicants/licensees do not need to specify the location of each individual transmitting device operating within their defined service areas. Such operations are subject to the following requirements on the low power transmitting devices: ( i ) Power must not exceed one watt EIRP and 100 milliwatts transmitter output power; ( ii ) A frequency tolerance of 0.001% must be maintained; and ( iii ) The mean power of emissions shall be attenuated in accordance with the following schedule: ( A ) In any 4 kHz band, the center frequency of which is removed from the center frequency of the assigned channel by more than 50 percent of the channel bandwidth and is within the bands 18,820-18,870 MHz or 19,160-19,210 MHz: A = 35 + .003 (F−0.5B) dB or, 80 dB (whichever is the lesser attenuation). Where: A = Attenuation (in decibels) below output power level contained within the channel for a given polarization. B = Bandwidth of channel in kHz. F = Absolute value of the difference between the center frequency of the 4 kHz band measured at the center frequency of the channel in kHz. ( B ) In any 4 kHz band the center frequency of which is outside the bands 18.820-18.870 GHz: At least 43 + 10 log P (mean output power in watts) decibels. ( iv ) Low power stations authorized in the band 18.8-19.3 GHz after June 8, 2000, are restricted to indoor use only. No new licenses will be authorized for applications received after April 1, 2002. ( s ) 21,200 to 23,600 MHz: 50 MHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) (1) 2.5 MHz bandwidth channels: 21601.25 22801.25 21603.75 22803.75 21606.25 22806.25 21608.75 22808.75 21611.25 22811.25 21613.75 22813.75 21616.25 22816.25 21618.75 22818.75 21621.25 22821.25 21623.75 22823.75 21626.25 22826.25 21628.75 22828.75 21631.25 22831.25 21633.75 22833.75 21636.25 22836.25 21638.75 22838.75 21641.25 22841.25 21643.75 22843.75 21646.25 22846.25 21648.75 22848.75 21651.25 22851.25 21653.75 22853.75 21656.25 22856.25 21658.75 22858.75 21661.25 22861.25 21663.75 22863.75 21666.25 22866.25 21668.75 22868.75 21671.25 22871.25 21673.75 22873.75 21676.25 22876.25 21678.75 22878.75 21681.25 22881.25 21683.75 22883.75 21686.25 22886.25 21688.75 22888.75 21691.25 22891.25 21693.75 22893.75 21696.25 22896.25 21698.75 22898.75 21701.25 22901.25 21703.75 22903.75 21706.25 22906.25 21708.75 22908.75 21711.25 22911.25 21713.75 22913.75 21716.25 22916.25 21718.75 22918.75 21721.25 22921.25 21723.75 22923.75 21726.25 22926.25 21728.75 22928.75 21731.25 22931.25 21733.75 22933.75 21736.25 22936.25 21738.75 22938.75 21741.25 22941.25 21743.75 22943.75 21746.25 22946.25 21748.75 22948.75 21751.25 22951.25 21753.75 22953.75 21756.25 22956.25 21758.75 22958.75 21761.25 22961.25 21763.75 22963.75 21766.25 22966.25 21768.75 22968.75 21771.25 22971.25 21773.75 22973.75 21776.25 22976.25 21778.75 22978.75 21781.25 22981.25 21783.75 22983.75 21786.25 22986.25 21788.75 22988.75 21791.25 22991.25 21793.75 22993.75 21796.25 22996.25 21798.75 22998.75 22301.25 23501.25 22303.75 23503.75 22306.25 23506.25 22308.75 23508.75 22311.25 23511.25 22313.75 23513.75 22316.25 23516.25 22318.75 23518.75 22321.25 23521.25 22323.75 23523.75 22326.25 23526.25 22328.75 23528.75 22331.25 23531.25 22333.75 23533.75 22336.25 23536.25 22338.75 23538.75 22341.25 23541.25 22343.75 23543.75 22346.25 23546.25 22348.75 23548.75 22351.25 23551.25 22353.75 23553.75 22356.25 23556.25 22358.75 23558.75 22361.25 23561.25 22363.75 23563.75 22366.25 23566.25 22368.75 23568.75 22371.25 23571.25 22373.75 23573.75 22376.25 23576.25 22378.75 23578.75 22381.25 23581.25 22383.75 23583.75 22386.25 23586.25 22388.75 23588.75 22391.25 23591.25 22393.75 23593.75 22396.25 23596.25 22398.75 23598.75 (2) 5 MHz bandwidth channels: 21602.5 22802.5 21607.5 22807.5 21612.5 22812.5 21617.5 22817.5 21622.5 22822.5 21627.5 22827.5 21632.5 22832.5 21637.5 22837.5 21642.5 22842.5 21647.5 22847.5 21652.5 22852.5 21657.5 22857.5 21662.5 22862.5 21667.5 22867.5 21672.5 22872.5 21677.5 22877.5 21682.5 22882.5 21687.5 22887.5 21692.5 22892.5 21697.5 22897.5 21702.5 22902.5 21707.5 22907.5 21712.5 22912.5 21717.5 22917.5 21722.5 22922.5 21727.5 22927.5 21732.5 22932.5 21737.5 22937.5 21742.5 22942.5 21747.5 22947.5 21752.5 22952.5 21757.5 22957.5 21762.5 22962.5 21767.5 22967.5 21772.5 22972.5 21777.5 22977.5 21782.5 22982.5 21787.5 22987.5 21792.5 22992.5 21797.5 22997.5 22302.5 23502.5 22307.5 23507.5 22312.5 23512.5 22317.5 23517.5 22322.5 23522.5 22327.5 23527.5 22332.5 23532.5 22337.5 23537.5 22342.5 23542.5 22347.5 23547.5 22352.5 23552.5 22357.5 23557.5 22362.5 23562.5 22367.5 23567.5 22372.5 23572.5 22377.5 23577.5 22382.5 23582.5 22387.5 23587.5 22392.5 23592.5 22397.5 23597.5 (3) 10 MHz bandwidth channels: 21205 22405 21215 22415 21225 22425 21235 22435 21245 22445 21255 22455 21265 22465 21275 22475 21285 22485 21295 22495 21305 22505 21315 22515 21325 22525 21335 22535 21345 22545 21355 22555 21365 22565 21375 22575 21385 22585 21395 22595 21405 22605 21415 22615 21425 22625 21435 22635 21445 22645 21455 22655 21465 22665 21475 22675 21485 22685 21495 22695 21505 22705 21515 22715 21525 22725 21535 22735 21545 22745 21555 22755 21565 22765 21575 22775 21585 22785 21595 22795 21605 1 1 22805 21615 1 1 22815 21625 1 1 22825 21635 1 1 22835 21645 1 1 22845 21655 1 1 22855 21665 1 1 22865 21675 1 1 22875 21685 1 1 22885 21695 1 1 22895 21705 1 1 22905 21715 1 1 22915 21725 1 1 22925 21735 1 1 22935 21745 1 1 22945 21755 1 1 22955 21765 1 1 22965 21775 1 1 22975 21785 1 1 22985 21795 1 1 22995 21805 2 2 23005 21815 2 2 23015 21825 2 2 23025 21835 2 2 23035 21845 2 2 23045 21855 2 2 23055 21865 2 2 23065 21875 2 2 23075 21885 2 2 23085 21895 2 2 23095 21905 2 2 23105 21915 2 2 23115 21925 2 2 23125 21935 2 2 23135 21945 2 2 23145 21955 2 2 23155 21965 2 2 23165 21975 2 2 23175 21985 2 2 23185 21995 2 2 23195 22005 23205 22015 23215 22025 2 23225 2 22035 23235 22045 23245 22055 23255 22065 23265 22075 2 23275 2 22085 23285 22095 23295 22105 23305 22115 23315 22125 23325 22135 23335 22145 23345 22155 23355 22165 23365 22175 23375 22185 23385 22195 23395 22205 23405 22215 23415 22225 23425 22235 23435 22245 23445 22255 23455 22265 23465 22275 23475 22285 23485 22295 23495 22305 1 1 23505 22315 1 1 23515 22325 1 1 23525 22335 1 1 23535 22345 1 1 23545 22355 1 1 23555 22365 1 1 23565 22375 1 1 23575 22385 1 1 23585 22395 1 1 23595 (4) 20 MHz bandwidth channels: 21210 22410 21230 22430 21260 22460 21280 22480 21310 22510 21330 22530 21360 22560 21380 22580 21410 22610 21430 22630 21460 22660 21480 22680 21510 22710 21530 22730 21560 22760 21580 22780 21610 1 1 22810 21630 1 1 22830 21660 1 1 22860 21680 1 1 22880 21710 1 1 22910 21730 1 1 22930 21760 1 1 22960 21780 1 1 22980 21810 2 2 23010 21830 2 2 23030 21860 2 2 23060 21880 2 2 23080 21910 2 2 23110 21930 2 2 23130 21960 2 2 23160 21980 2 2 23180 22010 23210 22030 23230 22060 23260 22080 23280 22110 23310 22130 23330 22160 23360 22180 23380 22210 23410 22230 23430 22260 23460 22280 23480 22310 1 1 23510 22330 1 1 23530 22360 1 1 23560 22380 1 1 23580 (5) 30 MHz bandwidth channels: 21235 22435 21285 22485 21335 22535 21385 22585 21435 22635 21485 22685 21535 22735 21585 22785 21635 1 1 22835 21685 1 1 22885 21735 1 1 22935 21785 1 1 22985 21835 2 2 23035 21885 2 2 23085 21935 2 2 23135 21985 2 2 23185 22035 23235 22085 23285 22135 23335 22185 23385 22235 23435 22285 23485 22335 1 1 23535 22385 1 1 23585 (6) 40 MHz bandwidth channels: 21220 22420 21270 22470 21320 22520 21370 22570 21420 22620 21470 22670 21520 22720 21570 22770 21620 1 1 22820 21670 1 1 22870 21720 1 1 22920 21770 1 1 22970 21820 2 2 23020 21870 2 2 23070 21920 2 2 23120 21970 2 2 23170 22020 23220 22070 23270 22120 23320 22170 23370 22220 23420 22270 23470 22320 1 1 23520 22370 1 1 23570 (7) 50 MHz bandwidth channels: 21225 22425 21275 22475 21325 22525 21375 22575 21425 22625 21475 22675 21525 22725 21575 22775 21625 1 1 22825 21675 1 1 22875 21725 1 1 22925 21775 1 1 22975 21825 2 2 23025 21875 2 2 23075 21925 2 2 23125 21975 2 2 23175 22025 2 23225 2 22075 2 23275 2 22125 23325 22175 23375 22225 23425 22275 23475 22325 1 1 23525 22375 1 1 23575 1 Alternate channels. These channels are set aside for narrow bandwidth systems and should be used only if all other channels are blocked. 2 These frequencies may be assigned to low power systems, as defined in paragraph (8) of this section. (8) Special provisions for low power, limited coverage systems in the 21.8-22.0 GHz and 23.0-23.2 GHz band segments. Notwithstanding any contrary provisions in this part, the frequency band segment 21.8-22.0 GHz paired with the frequency band segment 23.0-23.2 GHz may be authorized for low power, limited coverage systems subject to the following provisions: (i) The maximum EIRP shall be 55 dBm and the rated transmitter output power shall not exceed 0.100 Watts; (ii) In the band segments from 21.8-22.0 GHz and 23.0-23.2 GHz, the frequency tolerance for stations authorized on or before April 1, 2005 is 0.05%. Existing licensees and pending applicants on that date may continue to operate after that date with a frequency tolerance of 0.05%, provided that it does not cause harmful interference to the operation of any other licensee. The frequency tolerance of § 101.107(a) shall apply to stations applied for after April 1, 2005; (iii) The maximum beamwidth shall not exceed 4 degrees; (iv) The sidelobe suppression criteria contained in § 101.115 of this part shall not apply, except that a minimum front-to-back ratio of 38 dB shall apply; (v) Upon showing of need, a maximum bandwidth of 50 MHz may be authorized per frequency assigned; (vi) Radio systems authorized under the provisions of this section shall have no more than five hops in tandem, except upon showing of need, but in any event the maximum tandem length shall not exceed 40 km (25 miles); (vii) Interfering signals at the antenna terminals of station authorized under this section shall not exceed −90 dBm and −70 dBm respectively, for co-channel and adjacent channel interfering signals; and (viii) Stations authorized under the provisions of this section shall provide the protection from interference specified in § 101.105 to stations operating in accordance with the provisions of this part. ( t ) 29,100-29,250; 31,000-31,300 MHz. These frequencies are available for LMDS systems. Each assignment will be made on a BTA service area basis, and the assigned spectrum may be subdivided as desired by the licensee. ( u ) 31,000-31,300 MHz. Stations licensed in this band prior to March 11, 1997, may continue their authorized operations, subject to license renewal, on the condition that harmful interference will not be caused to LMDS operations licensed in this band after June 30, 1997. Non-LMDS stations licensed after March 11, 1997, based on applications refiled no later than June 26, 1998 are unprotected and subject to harmful interference from each other and from stations licensed prior to March 11, 1997, and are licensed on a secondary basis to LMDS. In the sub-bands 31,000-31,075 MHz and 31,225-31,300 MHz, stations initially licensed prior to March 11, 1997, except in LTTS, and LMDS operations authorized after June 30, 1997, are equally protected against harmful interference from each other in accordance with the provisions of § 101.103(b) . For stations, except in LTTS, permitted to relocate to these sub-bands, the following paired frequencies are available: Transmit (receive) (MHz) Receive (transmit) (MHz) (1) 25 MHz Authorized Bandwidth Channels 31,012.5 31,237.5 31,037.5 31,262.5 31,062.5 31,287.5 (2) 75 MHz Authorized Bandwidth Channel 31,037.5 31,275.0 Note to ( u ): These channels are assigned for use within a rectangular service area to be described in the application by the maximum and minimum latitudes and longitudes. Such service area must be as small as practical consistent with the local service requirements of the carrier. These frequency plans may be subdivided as desired by the licensee and used within the service area as desired without further authorization subject to the terms and conditions set forth in § 101.149 . These frequencies may be assigned only where it is shown that the applicant will have reasonable projected requirements for a multiplicity of service points or transmission paths within the area. ( v ) [Reserved] ( w ) Fixed systems licensed, in operation, or applied for in the 3,700-4,200, 5925-6425, 6,525-6,875, 10,550-10,680, and 10,700-11,700 MHz bands prior to July 15, 1993, are permitted to use channel plans in effect prior to that date, including adding channels under those plans. ( x ) Operations on other than the listed frequencies may be authorized where it is shown that the objectives or requirements of the interference criteria prescribed in § 101.105 could not otherwise be met to resolve the interference problems. ( y ) Special requirements for operations in the band 29.1-29.25 GHz. ( 1 ) ( i ) LMDS receive stations operating on frequencies in the 29.1-29.25 GHz band within a radius of 75 nautical miles of the geographic coordinates provided by a non-GSO MSS licensee pursuant to paragraphs (c)(2) or (c)(3)(i) of this section (the “feeder link earth station complex protection zone”) shall accept any interference caused to them by such earth station complexes and shall not claim protection from such earth station complexes. ( ii ) LMDS licensees operating on frequencies in the 29.1-29.25 GHz band outside a feeder link earth station complex protection zone shall cooperate fully and make reasonable efforts to resolve technical problems with the non-GSO MSS licensee to the extent that transmissions from the non-GSO MSS operator's feeder link earth station complex interfere with an LMDS receive station. ( 2 ) No more than 15 days after the release of a public notice announcing the commencement of LMDS auctions, feeder link earth station complexes to be licensed pursuant to Section 25.257 shall be specified by a set of geographic coordinates in accordance with the following requirements: no feeder link earth station complex may be located in the top eight (8) metropolitan statistical areas (“MSAs”), ranked by population, as defined by the Office of Management and Budget as of June 1993, using estimated populations as of December 1992; two (2) complexes may be located in MSAs 9 through 25, one of which must be Phoenix, AZ (for a complex at Chandler, AZ); two (2) complexes may be located in MSAs 26 to 50; three (3) complexes may be located in MSAs 51 to 100, one of which must be Honolulu, Hawaii (for a complex at Waimea); and the three (3) remaining complexes must be located at least 75 nautical miles from the borders of the 100 largest MSAs or in any MSA not included in the 100 largest MSAs. Any location allotted for one range of MSAs may be taken from an MSA below that range. ( 3 ) ( i ) Any non-GSO MSS licensee may at any time specify sets of geographic coordinates for feeder link earth station complexes with each earth station contained therein to be located at least 75 nautical miles from the borders of the 100 largest MSAs. ( ii ) For purposes of paragraph (c)(3)(i) of this section, non-GSO MSS feeder link earth station complexes shall be entitled to accommodation only if the affected non-GSO MSS licensee preapplies to the Commission for a feeder link earth station complex or certifies to the Commission within sixty days of receiving a copy of an LMDS application that it intends to file an application for a feeder link earth station complex within six months of the date of receipt of the LMDS application. ( iii ) If said non-GSO MSS licensee application is filed later than six months after certification to the Commission, the LMDS and non-GSO MSS entities shall still cooperate fully and make reasonable efforts to resolve technical problems, but the LMDS licensee shall not be obligated to re-engineer its proposal or make changes to its system. ( 4 ) LMDS licensees or applicants proposing to operate hub stations on frequencies in the 29.1-29.25 GHz band at locations outside of the 100 largest MSAs or within a distance of 150 nautical miles from a set of geographic coordinates specified under paragraph (c)(2) or (c)(3)(i) of this section shall serve copies of their applications on all non-GSO MSS applicants, permitees or licensees meeting the criteria specified in § 25.257(a) . Non-GSO MSS licensees or applicants shall serve copies of their feeder link earth station applications, after the LMDS auction, on any LMDS applicant or licensee within a distance of 150 nautical miles from the geographic coordinates that it specified under paragraph (c)(2) or (c)(3)(i) of this section. Any necessary coordination shall commence upon notification by the party receiving an application to the party who filed the application. The results of any such coordination shall be reported to the Commission within sixty days. The non-GSO MSS earth station licensee shall also provide all such LMDS licensees with a copy of its channel plan. ( z ) 71,000-76,000 MHz; 81,000-86,000 MHz; 92,000-94,000 MHz; 94,100-95,000 MHz. ( 1 ) Those applicants who are approved in accordance with FCC Form 601 will each be granted a single, non-exclusive nationwide license. Site-by-site registration is on a first-come, first-served basis. Registration will be in the Universal Licensing System until the Wireless Telecommunications Bureau announces by public notice, the implementation of a third-party database. See 47 CFR 101.1523 . Links may not operate until NTIA approval is received. Licensees may use these bands for any point-to-point non-broadcast service. ( 2 ) Prior links shall be protected using the interference protection criteria set forth in section 101.105 . For transmitters employing digital modulation techniques and operating in the 71,000-76,000 MHz or 81,000-86,000 MHz bands, the licensee must construct a system that meets a minimum bit rate of 0.125 bits per second per Hertz of bandwidth. For transmitters that operate in the 92,000-94,000 MHz or 94,100-95,000 MHz bands, licensees must construct a system that meets a minimum bit rate of 1.0 bit per second per Hertz of bandwidth. If it is determined that a licensee has not met these loading requirements, then the database will be modified to limit coordination rights to the spectrum that is loaded and the licensee will lose protection rights on spectrum that has not been loaded. ( 3 ) The following channel plans apply to the 71,000-76,000 MHz and 81,000-86,000 MHz bands: ( i ) 250 MHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 71250 81250 71500 81500 71750 81750 72000 82000 72250 82250 72500 82500 72750 82750 73000 83000 73250 83250 73500 83500 73750 83750 74000 84000 74250 84250 74500 84500 74750 84750 75000 85000 75250 85250 75500 85500 75750 85750 ( ii ) 500 MHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 71375 81375 71875 81875 72375 82375 72875 82875 73375 83375 73875 83875 74375 84375 74875 84875 75375 85375 ( iii ) 750 MHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 71500 81500 72250 82250 73000 83000 73750 83750 74500 84500 75250 85250 ( iv ) 1 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 71625 81625 72625 82625 74125 84125 75125 85125 ( v ) 1.25 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 71750 81750 73000 83000 74250 84250 ( vi ) 1.5 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 71875 81875 74375 84375 ( vii ) 1.75 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 72000 82000 74500 84500 ( viii ) 2.0 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 72125 82125 74625 84625 ( ix ) 2.25 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 72250 82250 74750 84750 ( x ) 2.5 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 72375 82375 ( xi ) 2.75 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 72500 82500 ( xii ) 3 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 72625 82625 ( xiii ) 3.25 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 72750 82750 ( xiv ) 3.5 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 72875 82875 ( xv ) 3.75 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 73000 83000 ( xvi ) 4 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 73125 83125 ( xvii ) 4.25 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 73250 83250 ( xviii ) 4.5 GHz authorized bandwidth. Transmit (receive) (MHz) Receive (transmit) (MHz) 73375 83375 [ 61 FR 26677 , May 28, 1996] Editorial Note Editorial Note: For Federal Register citations affecting § 101.147 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 101.149 [Reserved] § 101.151 Use of signal boosters. Private operational-fixed licensees authorized to operate multiple address systems in the 928-929/952-960 MHz and 932-932.5/941-941.5 MHz bands may employ signal boosters at fixed locations in accordance with the following criteria: ( a ) The amplified signal is retransmitted only on the exact frequency(ies) of the originating base, fixed, mobile, or portable station(s). The booster will fill in only weak signal areas and cannot extend the system's normal signal coverage area. ( b ) Class A narrowband signal boosters must be equipped with automatic gain control circuitry which will limit the total effective radiated power (ERP) of the unit to a maximum of 5 watts under all conditions. Class B broadband signal boosters are limited to 5 watts ERP for each authorized frequency that the booster is designed to amplify. ( c ) Class A narrowband boosters must meet the out-of-band emission limits of § 101.111 for each narrowband channel that the booster is designed to amplify. Class B broadband signal boosters must meet the emission limits of § 101.111 for frequencies outside of the booster's design passband. ( d ) Class B broadband signal boosters are permitted to be used only in confined or indoor areas such as buildings, tunnels, underground areas, etc., or remote areas, i.e., areas where there is little or no risk of interference to other users. ( e ) The licensee is given authority to operate signal boosters without separate authorization from the Commission. Certificated equipment must be employed and the licensee must ensure that all applicable rule requirements are met. ( f ) Licensees employing either Class A narrowband or Class B broadband signal boosters as defined in § 101.3 are responsible for correcting any harmful interference that the equipment may cause to other systems. [ 61 FR 31052 , June 19, 1996, as amended at 63 FR 36611 , July 7, 1998] Subpart D—Operational Requirements § 101.201 Station inspection. The licensee of each station authorized in the radio services included in this part must make the station available for inspection by representatives of the Commission at any reasonable hour. § 101.203 Communications concerning safety of life and property. ( a ) Handling and transmission of messages concerning the safety of life or property which is in imminent danger must be afforded priority over other messages. ( b ) No person may knowingly cause to be transmitted any false or fraudulent message concerning the safety of life or property, or refuse upon demand immediately to relinquish the use of a radio circuit to enable the transmission of messages concerning the safety of life or property which is in imminent danger, or knowingly interfere or otherwise obstruct the transmission of such messages. § 101.205 Operation during emergency. The licensee of any station in these services may, during a period of emergency in which normal communication facilities are disrupted as a result of hurricane, flood, earthquake, or similar disaster, utilize such station for emergency communication service in a manner other than that specified in the instrument of authorization: Provided: ( a ) That as soon as possible after the beginning of such emergency use, notice be sent to the Commission stating the nature of the emergency and the use to which the station is being put; ( b ) That the emergency use of the station must be discontinued as soon as substantially normal communication facilities are again available; ( c ) That the Commission must be notified immediately when such special use of the station is terminated; ( d ) That, in no event, will any station engage in emergency transmission on frequencies other than, or with power in excess of, that specified in the instrument of authorization or as otherwise expressly provided by the Commission, or by law; and ( e ) That the Commission may, at any time, order the discontinuance of any such emergency communication. [ 61 FR 26677 , May 28, 1996, as amended at 63 FR 68983 , Dec. 14, 1998] § 101.207 Suspension of transmission. Transmission must be suspended immediately upon detection by the station or operator licensee or upon notification by the Commission of a deviation from the technical requirements of the station authorization and must remain suspended until such deviation is corrected, except for transmission concerning the immediate safety of life or property, in which case transmission must be suspended immediately after the emergency is terminated. § 101.209 Operation of stations at temporary fixed locations for communication between the United States and Canada or Mexico. Stations authorized to operate at temporary fixed locations may not be used for transmissions between the United States and Canada, or the United States and Mexico, without prior specific notification to, and authorization from, the Commission. Notification of such intended usage of the facilities should include a detailed showing of the operation proposed, including the parties involved, the nature of the communications to be handled, the terms and conditions of such operations, the time and place of operation, such other matters as the applicant deems relevant, and a showing as to how the public interest, convenience and necessity would be served by the proposed operation. Such notification should be given sufficiently in advance of the proposed date of operation to permit any appropriate correlation with the respective foreign government involved (see §§ 101.31 , 101.811 , 101.813 , and 101.815 ). § 101.211 Operator requirements. ( a ) Any person, with the consent or authorization of the licensee, may employ stations in this service for the purpose of telecommunications in accordance with the conditions and limitations set forth in § 101.135 . ( b ) The station licensee is responsible for the proper operation of the station at all times and is expected to provide for observations, servicing and maintenance as often as may be necessary to ensure proper operation. ( c ) The provisions of paragraph (a) of this section may not be construed to change or diminish in any respect the responsibility of station licensees to have and to maintain control over the stations licensed to them (including all transmitter units thereof), or for the proper functioning and operation of those stations (including all transmitter units thereof) in accordance with the terms of the licenses of those stations. § 101.213 Station identification. Stations in these services are exempt from the requirement to identify transmissions by call sign or any other station identifier. § 101.215 Posting of station authorization and transmitter identification cards, plates, or signs. ( a ) Each licensee shall post at the station the name, address and telephone number of the custodian of the station license or other authorization if such license or authorization is not maintained at the station. ( b ) The requirements in paragraph (a) of this section do not apply to remote stations using frequencies listed in § 101.147(b) . § 101.217 Station records. Each licensee of a station subject to this part shall maintain records in accordance with the following: ( a ) For all stations, the results and dates of transmitter measurements and the name of the person or persons making the measurements; ( b ) For all stations, when service or maintenance duties are performed, which may affect their proper operation, the responsible operator shall sign and date an entry in the station record concerned, giving: ( 1 ) Pertinent details of all transmitter adjustments performed by him or under his supervision; and ( 2 ) His name and address, provided that this information, so long as it remains unchanged, is not required to be repeated in the case of a person who is regularly employed as operator on a full-time basis at the station. ( c ) The records shall be kept in an orderly manner, and in such detail that the data required are readily available. Key letters or abbreviations may be used if proper meaning or explanation is set forth in the record. ( d ) Each entry in the records of each station shall be signed by a person qualified to do so, having actual knowledge of the facts to be recorded. ( e ) No record or portion thereof shall be erased, obliterated, or willfully destroyed within the required retention period. Any necessary correction may be made only by the person originating the entry, who shall strike out the erroneous portion, initial the correction made and indicate the date of correction. ( f ) Records required by this part shall be retained by the licensee for a period of at least one year. Subpart E—Miscellaneous Common Carrier Provisions § 101.301 National defense; free service. Any common carrier authorized under the rules of this part may render to any agency of the United States Government free service in connection with the preparation for the national defense. Every such carrier rendering any such free service must make and file, in duplicate, with the Commission, on or before the 31st of July and on or before the 31st day of January in each year, reports covering the periods of 6 months ending on the 30th of June and the 31st of December, respectively, next prior to said dates. These reports must show the names of the agencies to which free service was rendered pursuant to this rule, the general character of the communications handled for each agency, and the charges in dollars which would have accrued to the carrier for such service rendered to each agency if charges for such communications had been collected at the published tariff rates. § 101.303 Answers to notices of violation. Any person receiving official notice of a violation of the terms of the Communications Act of 1934, as amended, any other Federal statute or Executive Order pertaining to radio or wire communications or any international radio or wire communications treaty or convention, or regulations annexed thereto to which the United States is a party, or the rules and regulations of the Federal Communications Commission, must, within 10 days from such receipt, send a written answer to the office of the Commission originating the official notice. If an answer cannot be sent or an acknowledgment made within such 10-day period by reason of illness or other unavoidable circumstances, acknowledgment and answer must be made at the earliest practicable date with a satisfactory explanation of the delay. The answer to each notice must be complete in itself and may not be abbreviated by reference to other communications or answers to other notices. If the notice relates to some violation that may be due to the physical or electrical characteristics of transmitting apparatus, the answer must state fully what steps have been taken to prevent future violations, and, if any new apparatus is to be installed, the date such apparatus was ordered, the name of the manufacturer, and promised date of delivery. If the installation of such apparatus requires a construction permit, the file number of the application must be given or, if a file number has not been assigned by the Commission, such identification as will permit ready reference thereto. If the notice of violation relates to inadequate maintenance resulting in improper operation of the transmitter, the name and license number of the operator performing the maintenance must be given. If the notice of violation relates to some lack of attention to, or improper operation of, the transmitter by other employees, the reply must enumerate the steps taken to prevent a recurrence of such lack of attention or improper operation. § 101.305 Discontinuance, reduction or impairment of service. ( a ) If the public communication service provided by a station in the Common Carrier Radio Services, the Local Multipoint Distribution Service or 24 GHz Service is involuntarily discontinued, reduced or impaired for a period exceeding 48 hours, the station licensee must promptly notify the Commission. In every such case, the licensee must furnish full particulars as to the reasons for such discontinuance, reduction or impairment of service, including a statement as to when normal service is expected to be resumed. When normal service is resumed, prompt notification thereof must be given Commission. ( b ) No station licensee subject to title II of the Communications Act of 1934, as amended, may voluntarily discontinue, reduce or impair public communication service to a community or part of a community without obtaining prior authorization from the Commission pursuant to the procedures set forth in part 63 of this chapter . In the event that permanent discontinuance of service is authorized by the Commission, the station license is terminated; except that station licenses in the Local Multipoint Distribution Service and 24 GHz Service are not terminated if the discontinuance is a result of a change of status by the licensee from common carrier to non-common carrier pursuant to § 1.929 of this chapter . ( c ) Any licensee not subject to title II of the Communications Act of 1934, as amended, who voluntarily discontinues, reduces or impairs public communication service to a community or a part of a community must notify the Commission within 7 days thereof. In the event of permanent discontinuance of service, the station license is automatically terminated; except that station licenses in the Local Multipoint Distribution Service and 24 GHz Service are not terminated if the discontinuance is a result of a change of status by the licensee from non-common carrier to common carrier pursuant to § 1.929 of this chapter . ( d ) If any common carrier radio frequency should not be used to render any service as authorized during a consecutive period of twelve months at any time after construction is completed under circumstances that do not fall within the provisions of paragraph (a) , (b) , or (c) of this section, or, if removal of equipment or facilities has rendered the station not operational, the licensee must, within thirty days of the end of such period of nonuse: ( 1 ) Cancel the station license (or licenses); or ( 2 ) File an application for modification of the license (or licenses) to delete the unused frequency (or frequencies); or ( 3 ) Request waiver of this rule and demonstrate either that the frequency will be used (as evidenced by appropriate requests for service, etc.) within six months of the end of the initial period of nonuse, or that the frequency will be converted to allow rendition of other authorized public services within one year of the end of the initial period of nonuse by the filing of appropriate applications within six months of the end of the period of nonuse. [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23168 , Apr. 29, 1997; 63 FR 68983 , Dec. 14, 1998; 65 FR 59359 , Oct. 5, 2000] § 101.307 Tariffs, reports, and other material required to be submitted to the Commission. Sections 1.771 through 1.815 of this chapter contain summaries of certain materials and reports, including schedule of charges and accounting and financial reports, which, when applicable, must be filed with the Commission. § 101.309 Requirement that licensees respond to official communications. All licensees in these services are required to respond to official communications from the Commission with reasonable dispatch and according to the tenor of such communications. Failure to do so will be given appropriate consideration in connection with any subsequent applications which the offending party may file and may result in the designation of such applications for hearing, or in appropriate cases, the institution of proceedings looking to the modification or revocation of the pertinent authorizations. § 101.311 Equal employment opportunities. Equal opportunities in employment must be afforded by all common carrier licensees and all Local Multipoint Distribution Service and 24 GHz Service licensees in accordance with the provisions of § 21.307 of this chapter . [ 65 FR 59359 , Oct. 5, 2000] Subpart F [Reserved] Subpart G—24 GHz Service and Digital Electronic Message Service § 101.501 Eligibility. See § 101.147(n) for licensing of DEMS facilities in the 10.6 GHz band. Applications for new facilities using the 18 GHz band are no longer being accepted. Any entity, other than one precluded by § 101.7 , is eligible for authorization to provide 24 GHz Service under this subpart. [ 65 FR 59359 , Oct. 5, 2000] § 101.503 Digital Electronic Message Service Nodal Stations. 10.6 GHz DEMS Nodal Stations may be authorized only as a part of an integrated communication system wherein 10.6 GHz DEMS User Stations associated therewith also are licensed to the 10.6 GHz DEMS Nodal Station licensee. Applications for 10.6 GHz DEMS Nodal Station licenses should specify the maximum number of 10.6 GHz DEMS User Stations to be served by that nodal station. Any increase in that number must be applied for pursuant to § 1.913 of this chapter . [ 65 FR 59359 , Oct. 5, 2000] § 101.505 Frequencies. Frequencies, and the conditions on which they are available, for DEMS operations are contained in this subpart as well as in § 101.147(m) , (n) , and (r)(9) . [ 65 FR 59359 , Oct. 5, 2000] § 101.507 Frequency stability. The frequency stability in the 10,550-10,680 MHz band must be ±0.0001% for each DEMS Nodal Station transmitter and ±0.0003% for each DEMS User Station transmitter. The frequency stability in the 24,250-25,250 MHz bands must be ±0.001% for each Nodal Station transmitter and ±0.003% for each User Station transmitter. [ 68 FR 4961 , Jan. 31, 2003] § 101.509 Interference protection criteria. ( a ) As a condition for use of frequencies in this service each licensee is required to: ( 1 ) Engineer the system to be reasonably compatible with adjacent and co-channel operations in the same or adjacent areas on all frequencies; and ( 2 ) Cooperate fully and in good faith to resolve whatever potential interference and transmission security problems may be present in adjacent and co-channel operations. ( b ) All harmful interference to other users of co-channel and adjacent channel use in the same or adjacent geographical area are prohibited. In areas where Economic Areas are in close proximity, careful consideration should be given to minimum power requirements and to the location, height, and radiation pattern of the transmitting and receiving antennas. Licensees are expected to cooperate fully in attempting to resolve problems of potential interference before bringing the matter to the attention of the Commission. ( c ) Licensee shall coordinate their facilities whenever the facilities have optical line-of-sight into other licensees' areas or are within the same geographic area. Licensees are encouraged to develop operational agreements with relevant licensees in the same or adjacent areas. Incumbent SMSA licensee(s) shall retain exclusive rights to its channel(s) within its SMSA and must be protected. ( d ) Licensees shall comply with the appropriate coordination agreements between the United States and Canada and the United States and Mexico concerning cross-border sharing and use of the 24 GHz bands which may require using channels pairs in accordance with the table in § 101.147(r)(9) . ( e ) The Commission recommends that coordination is not necessary if the power flux density (pfd) at the boundary of the relevant adjacent area is lower than −114 dBW/m 2 in any 1 MHz. This value can be changed and agreed upon by both coordinating parties. Licensees should be able to deploy with a pfd up to −94 dBW/m 2 in any 1 MHz at the boundary of the relevant adjacent area without negatively affecting the successful operations of the adjacent area licensee. [ 65 FR 59360 , Oct. 5, 2000] § 101.511 Permissible services. ( a ) Authorizations for stations in the 24 GHz Service will be granted to provide services on a common carrier basis or a non-common carrier basis or on both a common carrier and non-common carrier basis in a single authorization. ( b ) Stations may render any kind of digital communications service consistent with the Commission's rules and the regulatory status of the station to provide services on a common carrier or non-common carrier basis. ( c ) An applicant or licensee may submit a petition at any time requesting clarification of the regulatory status required to provide a specific communications service. [ 65 FR 59360 , Oct. 5, 2000] § 101.513 Transmitter power. The transmitter power will be governed by § 101.113 . Further, each application must contain an analysis demonstrating compliance with § 101.113(a) . § 101.515 Emissions and bandwidth. Different types of emissions may be authorized if the applicant describes fully the modulation and bandwidth desired, and demonstrates that the bandwidth desired is no wider than needed to provide the intended service. In no event, however, may the necessary or occupied bandwidth exceed the specified channel width of the assigned pair. § 101.517 Antennas. ( a ) Transmitting antennas may be omnidirectional or directional, consistent with coverage and interference requirements. ( b ) The use of horizontal or vertical plane wave polarization, or right hand or left hand rotating elliptical polarization must be used to minimize harmful interference between stations. ( c ) Directive antennas must be used at all DEMS User Stations and may be elevated no higher than necessary to assure adequate service. Antenna structures requiring FAA notification under part 17 of this chapter must be registered with the Commission. The structure owner is responsible for registering, painting, and lighting the structure if applicable. Requests for such authorization must show the inclusive dates of the proposed operation. § 101.519 Interconnection. ( a ) All DEMS licensees must make available to the public all information necessary to allow the manufacture of user equipment that will be compatible with the licensee's network. ( b ) All DEMS licensees must make available to the public all information necessary to allow interconnection of DEMS networks. § 101.521 Spectrum utilization. All applicants for DEMS frequencies in the 10.6 GHz band must submit as part of the original application a detailed plan indicating how the bandwidth requested will be utilized. In particular the application must contain detailed descriptions of the modulation method, the channel time sharing method, any error detecting and/or correcting codes, any spatial frequency reuse system and the total data throughput capacity in each of the links in the system. Further, the application must include a separate analysis of the spectral efficiency including both information bits per unit bandwidth and the total bits per unit bandwidth. [ 65 FR 59360 , Oct. 5, 2000] § 101.523 Service areas. ( a ) The service areas for 24 GHz are Economic Areas (EAs) as defined in this paragraph (a) . The Bureau of Economic Analysis, U.S. Department of Commerce, organized the 50 States and the District of Columbia into 172 EAs. See 60 FR 13114 (March 10, 1995). Additionally, there are four FCC-created EA-like areas: ( 1 ) Guam and Northern Mariana Islands; ( 2 ) Puerto Rico and the U.S. Virgin Islands; ( 3 ) American Samoa, and ( 4 ) The Gulf of Mexico. The Gulf of Mexico EA extends from 12 nautical miles off the U.S. Gulf coast outward into the Gulf. See 62 FR 9636 (March 3, 1997), in which the Commission created an additional four economic area-like areas for a total of 176 EA service areas. Maps of the EAs and the Federal Register Notice that established the 172 Economic Areas (EAs) are available for public inspection through the Federal Communications Commission's Reference Information Center. These maps and data are also available on the FCC website at www.fcc.gov/oet/info/maps/areas/ . These maps and data are also available on the FCC Web site at www.fcc.gov/oet/info/maps/areas/ . ( b ) Where an incumbent SMSA license area in the 24 GHz band occupies only a portion of an EA available for application under the competitive bidding rules, the SMSA portion will be excluded from auction and the incumbent licensee will retain the exclusive right to those channels within the SMSA. [ 65 FR 59360 , Oct. 5, 2000, as amended at 69 FR 44608 , July 27, 2004; 85 FR 64411 , Oct. 13, 2020; 88 FR 21451 , Apr. 10, 2023] § 101.525 24 GHz system operations. ( a ) A licensee using the 24 GHz band may construct and operate any number of fixed stations anywhere within the area authorized to serve without prior authorization, except as follows: ( 1 ) A station would be required to be individually licensed if: ( i ) International agreements require coordination; ( ii ) Submission of an Environmental Assessment is required under § 1.1307 of this chapter ; ( iii ) The station would affect areas identified in § 1.924 of this chapter . ( 2 ) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under § 17.4 of this chapter . ( b ) Whenever a licensee constructs or makes system changes as described in paragraph (a)(1) of this section, the licensee is required to notify the Commission within 30 days of the change under § 1.947 of this chapter and include a statement of the technical parameters of the changed station. [ 65 FR 59360 , Oct. 5, 2000, as amended at 69 FR 17959 , Apr. 6, 2004] § 101.526 License term. The license term for stations licensed under this subpart is ten years from the date of license grant or license renewal for incumbent licensees. [ 65 FR 59360 , Oct. 5, 2000] § 101.527 Construction requirements for 24 GHz operations. ( a ) Each licensee must make a showing of “substantial service” within ten years of its license grant. “Substantial service” is a service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal during its past license term. Until January 1, 2023, “substantial service” assessment will be made at renewal pursuant to the provisions and procedures set forth in § 1.949 of this chapter . ( b ) Until January 1, 2023, each licensee must, at a minimum file: ( 1 ) A report, maps and other supporting documents describing its current service in terms of geographic coverage and population served to the Commission. The report must also contain a description of the licensees' investments in its operations. The report must be labeled as an attachment to the renewal application; and ( 2 ) Copies of all FCC orders finding the licensee to have violated the Communications Act or any FCC rule or policy; and a list of any pending proceedings that relate to any matter described in this paragraph (b)(2) . ( c ) Failure to demonstrate that substantial service is being provided in the service area will result in forfeiture of the license, and the licensee will be unable to regain it. ( d ) The frequencies associated with incumbent authorizations, licensed on a SMSA basis, that have cancelled automatically or otherwise been recovered by the Commission will automatically revert to the applicable EA licensee. [ 65 FR 59360 , Oct. 5, 2000, as amended at 82 FR 41549 , Sept. 1, 2017] § 101.531 [Reserved] § 101.533 Regulatory status. ( a ) Initial applications. An applicant for a 24 GHz license must specify on FCC Form 601 if it is requesting authorization to provide services on a common carrier basis, a non-common carrier basis, or on both a common carrier and non-common carrier basis. ( b ) Amendment of pending applications. Any pending application may be amended to: ( 1 ) Change the carrier status requested; or ( 2 ) Add to the pending request in order to obtain both common carrier and non-common carrier status in a single license. ( c ) Modification of license. A licensee may modify a license to: ( 1 ) Change the carrier status authorized; or ( 2 ) Add to the status authorized in order to obtain both common carrier and non-common carrier status in a single license. [ 65 FR 59361 , Oct. 5, 2000] § 101.535 Geographic partitioning and spectrum aggregation/disaggregation. ( a ) Eligibility. (1) 24 GHz licensees may apply to the Commission to partition their licensed geographic service areas to eligible entities and are free to determine the portion of their service areas to be partitioned. 24 GHz licensees may aggregate or disaggregate their licensed spectrum at any time following the grant of a license. ( 2 ) Any existing frequency coordination agreements shall convey with the assignment of the geographic area or spectrum, and shall remain in effect unless new agreements are reached. ( b ) Technical standards — ( 1 ) Aggregation. There is no limitation on the amount of spectrum that a 24 GHz licensee may aggregate. ( 2 ) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 of this chapter and list the partitioned service area on a schedule to the application. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). ( 3 ) Disaggregation. Spectrum may be disaggregated in any amount. A licensee need not retain a minimum amount of spectrum. ( 4 ) Combined partitioning and disaggregation. The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation. ( c ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 101.526 . [ 65 FR 59361 , Oct. 5, 2000, as amended at 67 FR 46379 , July 9, 2002; 82 FR 41549 , Sept. 1, 2017] § 101.537 24 GHz band subject to competitive bidding. Mutually exclusive initial applications for 24 GHz band licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 46379 , July 9, 2002] § 101.538 Designated entities. ( a ) Eligibility for small business provisions. ( 1 ) A very small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $3 million for the preceding three years. ( 2 ) A small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $15 million for the preceding three years. ( 3 ) An entrepreneur is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $40 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter . A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as an entrepreneur, as defined in this section, or a consortium of entrepreneurs may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . [ 65 FR 59361 , Oct. 5, 2000, as amended at 67 FR 46379 , July 9, 2002; 68 FR 43002 , July 21, 2003] Subpart H—Private Operational Fixed Point-to-Point Microwave Service § 101.601 Eligibility. Any person, or any governmental entity or agency, eligible for licensing in a radio service or pool under part 80 , 87 , or 90 of this chapter or any person proposing to provide communications service to such persons, governmental entities or agencies is eligible to hold a license under this subpart. This subpart shall not apply to stations offering MVDDS in the 12.2-12.7 GHz band. [ 62 FR 18936 , Apr. 17, 1997, as amended at 67 FR 43040 , June 26, 2002] § 101.603 Permissible communications. ( a ) Except as provided in paragraph (b) of this section, stations in this radio service may transmit communications as follows: ( 1 ) On frequencies below 21,200 MHz, licensees may transmit their own communications, including the transmission of their products and information services, to their customers except that the distribution of video entertainment material to customers is permitted only as indicated in § 101.101 and paragraph (a)(2) of this section. ( 2 ) In the frequency bands 6425-6525 MHz, 17,700-18,580 MHz, and on frequencies above 21,200 MHz, licensees may deliver any of their own products and services to any receiving location; ( 3 ) Licensees may transmit the communications of their parent corporation, or of another subsidiary of the same parent, or their own subsidiary where the party to be served is regularly engaged in any of the activities that constitute the basis for eligibility to use the frequencies assigned; ( 4 ) Licensees may transmit the communications of other parties in accordance with § 101.135 ; ( 5 ) Licensees may transmit emergency communications unrelated to their activities in accordance with § 101.205 ; ( 6 ) Licensees may transmit communications on a commercial basis to eligible users, among different premises of a single eligible user, or from one eligible user to another as part of transmissions by Digital Electronic Message Service systems on the frequencies provided for this purpose; ( 7 ) Licensees may transmit program material from one location to another; ( b ) Stations licensed in this radio service shall not: ( 1 ) Render a common carrier service of any kind. However, licensees are allowed to lease excess capacity to common carriers. In addition, Specialized Mobile Radio (SMR) licensees reclassified by the Commission as Commercial Mobile Radio Services (CMRS), that were formerly private land mobile radio service providers, may continue to utilize private operational fixed microwave systems licensed prior to April 1, 2003 for their land mobile connecting facilities. ( 2 ) Transmit program material for use in connection with broadcasting, except as provided in paragraphs (a)(2), and (a)(7)) of this section; and/or ( 3 ) Be used to provide the final RF link in the chain of transmission of program material to multichannel video programming distributors, except in the frequency bands 6425-6525 MHz and 17,700-18,580 MHz and on frequencies above 21,200 MHz. [ 61 FR 26677 , May 28, 1996, as amended at 68 FR 4961 , Jan. 31, 2003; 71 FR 69052 , Nov. 29, 2006; 76 FR 59574 , Sept. 27, 2011] Subpart I—Common Carrier Fixed Point-to-Point Microwave Service § 101.701 Eligibility. ( a ) Authorizations for stations in this service will be issued to existing and proposed common carriers. Applications will be granted only in cases in which it is shown that: ( 1 ) The applicant is legally, technically, financially and otherwise qualified to render the proposed service; ( 2 ) There are frequencies available to enable the applicant to render a satisfactory service; and ( 3 ) The public interest, convenience, and necessity would be served by a grant thereof. ( b ) If the content is originated, selected, controlled, or otherwise substantively influenced by the applicant, licensee, or a closely affiliated entity, no station or radio frequency in this service will be authorized, or may be utilized, to transmit any closed circuit television signals or television signals other than broadcast television signals, unless: ( 1 ) Such service is otherwise permitted for a specific length of time by grant of an acceptable petition for waiver of this rule; or ( 2 ) Such service is otherwise permitted by a condition in the applicable instrument of authorization; or ( 3 ) Such service is provided pursuant to applicable FCC tariff and is temporary and occasional intra-company television communication for management, network supervision, or other internal carrier functions. For purposes of this paragraph, an entity will be considered to be “closely affiliated” with an applicant if it is in a parent-subsidiary relationship, or both are commonly controlled, or they have any common officers or management employees. ( c ) Applications for stations or frequencies that will be used primarily to relay broadcast television signals must include a certification that at least fifty percent of the customers (or points of service) on the microwave system involved, including those served through an interconnecting carrier(s), receiving applicant's service, will not be related or affiliated in any degree with the applicant, and that the proposed usage by such customers, in terms of hours of use and channels delivered, must constitute at least fifty percent of the usage of the applicant's microwave service. Applications that do not contain these certifications will be returned as unacceptable for filing. [ 61 FR 26677 , May 28, 1996, as amended at 63 FR 68983 , Dec. 14, 1998] § 101.703 Permissible communications. Stations in this service are authorized to render any kind of communication service provided for in the legally applicable tariffs of the carrier, unless otherwise directed in the applicable instrument of authorization or limited by § 101.147 or §§ 101.111 and 101.113 . § 101.705 Special showing for renewal of common carrier station facilities using frequency diversity. Any application for renewal of license, for a term commencing January 1, 1975, or after, involving facilities utilizing frequency diversity must contain a statement showing compliance with § 101.103(c) or the exceptions recognized in paragraph 141 of the First Report and Order in Docket No. 18920 (29 FCC 2d 870). This document is available at the library of the Federal Communications Commission, located at the address of the FCC's main office indicated in 47 CFR 0.401(a) . If not in compliance, a complete statement with the reasons therefore must be submitted. [ 64 FR 53242 , Oct. 1, 1999, as amended at 85 FR 64411 , Oct. 13, 2020] Subpart J—Local Television Transmission Service § 101.801 Eligibility. Authorizations for stations in this service will be granted to existing and proposed communication common carriers. Applications will be granted only in cases where it is shown that: ( a ) The applicant is legally, financially, technically and otherwise qualified to render the proposed service; ( b ) There are frequencies available to enable the applicant to render a satisfactory service; and ( c ) The public interest, convenience or necessity would be served by a grant thereof. § 101.803 Frequencies. ( a ) Frequencies in the following bands are available for assignment to television pickup and television non-broadcast pickup stations in this service: 6,425 to 6,525 MHz. (6) 11,700 to 12,200 MHz. (3) 13,200 to 13,250 MHz. (1) 14,200 to 14,400 MHz. (8) 21,200 to 22,000 MHz. (1), (2), (4), (5) 22,000 to 23,600 MHz. (1), (2), (5) 31,000 to 31,300 MHz. (7) Notes (1) This frequency band is shared with fixed and mobile stations licensed under this and other parts of the Commission's Rules. (2) This frequency band is shared with Government stations. (3) This frequency band is shared, on a secondary basis, with stations in the broadcasting-satellite and fixed-satellite services. As of March 1, 2005, no new LTTS operators will be licensed in the 11.7-12.2 GHz band. LTTS operators authorized prior to March 1, 2005 may continue to operate in 11.7-12.2 GHz band until their license expires; no existing LTTS licenses will be renewed in the 11.7-12.2 GHz band. (4) This frequency band is shared with stations in the earth-exploration satellite service. (5) This frequency band is shared with the common carrier and private-operational fixed point-to-point microwave services. (6) This band is co-equally shared with mobile stations licensed pursuant to parts 74 and 78 of this chapter , and subpart H of this part . (7) As of June 30, 1997, frequencies in this band only are available for assignment to LMDS radio stations, except for non-LMDS radio stations authorized pursuant to applications refiled no later than June 26, 1998. Stations authorized prior to June 30, 1997, may continue to operate within the existing terms of the outstanding licenses, subject to renewal. Non-LMDS stations authorized pursuant to applications refiled no later than June 26, 1998 shall operate on an unprotected basis and subject to harmful interference from similarly licensed stations or stations licensed prior to June 30, 1997, and on a secondary basis to LMDS radio stations. (8) The maximum power for the local television transmission service in the 14.2-14.4 GHz band is + 45 dBW except that operations are not permitted within 1.5 degrees of the geostationary orbit. As of March 1, 2005, no new LTTS operators will be licensed in the 14.2-14.4 GHz band. LTTS operators authorized prior to March 1, 2005 may continue to operate in 14.2-14.4 GHz band until their license expires; no existing LTTS licenses will be renewed in the 11.7-12.2 GHz band. ( b ) Communications common carriers in the Local Television Transmission Service may be assigned frequencies listed in §§ 74.602(a) , 78.18(a)(6) , and 78.18(a)(7) of this chapter to provide service to television broadcast stations, television broadcast network-entities, cable system operators, and cable network-entities. Frequency availability is subject to the provisions of § 74.604 of this chapter and the use of the facility is limited to the permissible uses described in §§ 74.631 and 78.11 of this chapter . Operations on these frequencies are subject to the technical provisions of part 74, subpart F, and part 78, subpart D of this chapter . ( c ) [Reserved] ( d ) Frequencies in the following bands are available for assignment to television STL stations in this service: 3,700 to 4,200 MHz (1) 5,925 to 6,425 MHz (1),(5) 10,700 to 11,700 MHz (1),(6) 11,700 to 12,100 MHz (3) 13,200 to 13,250 MHz (2) 21,200 to 22,000 MHz (2),(4),(7),(8) 22,000 to 23,600 MHz (2),(6),(8) 31,000 to 31,300 MHz (9) Notes (1) This frequency band is shared with stations in the Point to Point Microwave Radio Service and, in United States Possessions in the Caribbean area, with stations in the International Fixed Radiocommunications Services. For 3,700-4,200 MHz frequencies are only available for locations outside the contiguous United States and applications for new permanent or temporary facilities in this band will not be accepted for locations in the contiguous United States. In the contiguous United States, licensees of existing licenses, as of April 19, 2018, for permanent point-to-point Fixed Service links have until December 5, 2023, to self-relocate their point-to-point links out of the 3,700-4,200 MHz band. (2) This frequency band is shared with fixed and mobile stations licensed under this and other parts of the Commission's rules. (3) This frequency band is shared with space stations (space to earth) in the fixed-satellite service. As of March 1, 2005, no new LTTS operators will be licensed in the 11.7-12.2 GHz band. LTTS operators authorized prior to March 1, 2005 may continue to operate in 11.7-12.2 GHz band until their license expires; no existing LTTS licenses will be renewed in the 11.7-12.2 GHz band. (4) This frequency band is shared with Government stations. (5) This frequency band is shared with earth stations (earth to space) in the fixed-satellite services. (6) The band segments 10.95-11.2 and 11.45-11.7 GHz are shared with space stations (space to earth) in the fixed-satellite service. (7) This frequency band is shared with space stations (space to earth) in the earth exploration satellite service. (8) This frequency band is shared with the common carrier and private-operational fixed point-to-point microwave services. (9) As of June 30, 1997, frequencies in this band only are available for assignment to LMDS radio stations, except for non-LMDS stations authorized pursuant to applications refiled no later than June 26, 1998. Stations authorized prior to June 30, 1997, may continue to operate within the existing terms of the outstanding licenses, subject to renewal. Non-LMDS stations authorized pursuant to applications refiled no later than June 26, 1998 shall operate on an unprotected basis and subject to harmful interference from each other or stations licensed prior to June 30, 1997, and on a secondary basis to LMDS radio stations. ( e ) 6425 to 6525 MHz—Mobile Only. Paired and un-paired operations permitted. Use of this spectrum for direct delivery of video programs to the general public or for multi-channel cable distribution is not permitted. This band is co-equally shared with mobile stations licensed pursuant to parts 74 and 78 of this chapter . The following channel plans apply. ( 1 ) 1 MHz maximum authorized bandwidth channels. Transmit (or receive) (MHz) Receive (or transmit) (MHz) 6425.5 6475.5 6450.5 6500.5 ( 2 ) 8 MHz maximum authorized bandwidth channels. Transmit (or receive) (MHz) Receive (or transmit) (MHz) 6430.0 6480.0 6438.0 6488.0 6446.0 6496.0 6455.0 6505.0 6463.0 6513.0 6471.0 6521.0 ( 3 ) 25 MHz maximum authorized bandwidth channels. Transmit (or receive) (MHz) Receive (or transmit) (MHz) 6437.5 6487.5 6462.5 6512.5 ( f ) The frequency 27.255 MHz in the 27.23-27.28 MHz band is allocated for assignment to microwave auxiliary stations in this service on a shared basis with other radio services. Assignments to stations on this frequency will not be protected from such interference as may be experienced from the emissions of industrial, scientific and medical equipment operating on 27.12 MHz in accordance with § 2.106 of this chapter . [ 61 FR 26677 , May 28, 1996, as amended at 62 FR 23168 , Apr. 29, 1997; 63 FR 9448 , Feb. 25, 1998; 63 FR 14039 , Mar. 24, 1998; 65 FR 38332 , June 20, 2000; 68 FR 4961 , Jan. 31, 2003; 68 FR 12777 , Mar. 17, 2003; 70 FR 4788 , Jan. 31, 2005; 84 FR 63812 , Nov. 19, 2019; 85 FR 22890 , Apr. 23, 2020] § 101.805 Assignment of frequencies to mobile stations. The assignment of frequencies to mobile stations in this service will not be limited to a single licensee within any area. However, geographical limits within which mobile units may operate may be imposed by the Commission. § 101.807 Transmitter power. Stations in this service will not be authorized to use transmitters having a rated power output in excess of the limits set forth in § 101.113(b) and a standby transmitter having a rated power output in excess of that of the main transmitter with which it is associated will not be authorized. As an exception, operations on frequencies listed in §§ 74.602(a) , 78.18(a)(6) , and 78.18(a)(7) of this chapter are subject to the power limitations of §§ 74.636 and 78.101(a) . [ 68 FR 12777 , Mar. 17, 2003] § 101.809 Bandwidth and emission limitations. ( a ) Stations in this service operating on frequencies in the 27.23-27.28 MHz band will be authorized to employ only amplitude modulated or frequency modulated emission for radiotelephony. The authorization to use such emissions will be construed to include authority to employ unmodulated emission only for temporary or short periods necessary for equipment testing incident to the construction and maintenance of the station. ( b ) Stations in the service operating on frequencies above 940 MHz may be authorized to use amplitude modulated, frequency modulated or pulse type of emission for radiotelephony and television. In addition, the use of unmodulated emission may be authorized in appropriate cases. ( c ) The maximum bandwidths which will normally be authorized for single channel operation on frequencies below 500 MHz in this service must not exceed the limits set forth below: Type of emission Authorized bandwidth (kHz) A3E 8 F3E or (G3E) 40 ( d ) Maximum bandwidths in the following frequency bands must not exceed the limits set forth below: Maximum Authorized Frequency band (MHz) Bandwidth (MHz) 3,700 to 4,200 1 20 5,925 to 6,425 1 30 6,425 to 6,525 25 10,700 to 12,200 1 2 40 13,200 to 13,250 25 21,200 to 23,600 1 50 1 The maximum bandwidth that will be authorized for each particular frequency in this band is detailed in the appropriate frequency table in § 101.147 . 2 As of March 1, 2005, no new LTTS operators will be licensed in the 11.7-12.2 GHz band. LTTS operators authorized prior to March 1, 2005 may continue to operate in 11.7-12.2 GHz band until their license expires; no existing LTTS licensees will be renewed in the 11.7-12.2 GHz band. ( e ) The bandwidths authorized on frequencies above 500 MHz must be appropriate to the type of operation in any particular case. An application requesting such authorization must fully describe the modulation, emission, and bandwidth desired and must specify the bandwidth to be occupied. [ 61 FR 26677 , May 28, 1996, as amended at 68 FR 4961 , Jan. 31, 2003; 70 FR 4788 , Jan. 31, 2005] § 101.811 Modulation requirements. ( a ) The use of modulating frequencies higher than 3000 hertz for single channel radiotelephony or tone signaling on frequencies below 500 MHz is not authorized. ( b ) When amplitude modulation is used, the modulation percentage must be sufficient to provide efficient communication and must normally be maintained above 70 percent on positive peaks, but may not exceed 100 percent on negative peaks. ( c ) When phase or frequency modulation is used for single channel radiotelephony on frequencies below 500 MHz, the deviation arising from modulation may not exceed plus or minus 15 kHz from the unmodulated carrier. ( d ) Each unmultiplexed radiotelephone transmitter having more than 3 watts plate power input to the final radio frequency stage and initially installed at the station in this service after September 4, 1956, must be provided with a device that will automatically prevent modulation in excess of that specified in paragraphs (b) and (c) of this section which may be caused by greater than normal audio level. § 101.813 Remote control operation of mobile television pickup stations. ( a ) Mobile television pickup stations (including nonbroadcast) may be operated by remote control from the fixed locations for periods not to exceed 6 months. ( b ) The Commission may, upon adequate showing by the licensee as to why the television pickup operations should not be conducted under a fixed station authorization, renew the authority granted under the provisions of paragraph (a) of this section. ( c ) Reference should be made to § 101.125 concerning mobile station antenna height restrictions and to paragraphs (c) and (f) of § 101.131 concerning control points. § 101.815 Stations at temporary fixed locations. ( a ) Authorizations may be issued upon proper application for the use of frequencies listed in § 101.803 by stations in the Local Television Transmission Service for rendition of temporary service to subscribers under the following conditions: ( 1 ) When a fixed station is to remain at a single location for less than 6 months, the location is considered to be temporary. ( 2 ) When a fixed station authorized to operate at temporary locations is installed and it subsequently becomes necessary for the station to operate from such location for more than six months, an application for a station authorization to specify the permanent location must be filed at least thirty days prior to the expiration of the six month period. ( 3 ) The station must be used only for rendition of communication service at a remote point where the provision of wire facilities is not practicable. ( 4 ) The antenna structure height employed at any location may not exceed the criteria set forth in § 17.7 of this chapter unless, in each instance, authorization for use of a specific maximum antenna structure height for each location has been obtained from the Commission prior to erection of the antenna. See § 101.125 . ( 5 ) Applications for such stations must comply with the provisions of § 101.21(f) . ( b ) Applications for authorizations to operate stations at temporary locations under the provisions of this section may be made upon FCC Form 601. Blanket applications may be submitted for the required number of transmitters. ( c ) Prior coordination of mobile assignments will be in accordance with the procedures in § 101.103(d) except that the prior coordination process for mobile (temporary fixed) assignments may be completed orally and the period allowed for response to a coordination notification may be less than 30 days if the parties agree. [ 61 FR 26677 , May 28, 1996, as amended at 63 FR 68984 , Dec. 14, 1998; 65 FR 38332 , June 20, 2000; 68 FR 4961 , Jan. 31, 2003] § 101.817 Notification of station operation at temporary locations. ( a ) The licensee of stations authorized pursuant to § 101.813 must notify the Commission prior to each period of operation. This notification must include: ( 1 ) The call sign, manufacturer's name, type or model number, output power and specific location of the transmitter(s); ( 2 ) The maintenance location for the transmitter; ( 3 ) The location of the transmitting or receiving station with which it will communicate and the identity of the correspondent operating such facilities; ( 4 ) The exact frequency or frequencies to be used; ( 5 ) The public interest, convenience and necessity to be served by operation of the proposed installation; ( 6 ) The commencement and anticipated termination dates of operation from each location. In the event the actual termination date differs from the previous notification, written notice thereof promptly must be given to the Commission; ( 7 ) Where the notification contemplates initially a service that is to be rendered for a period longer than 90 days, the notification must contain a showing as to why application should not be made for regular authorization; and ( 8 ) A notification must include compliance with the provisions of § 101.813(c) . ( b ) A copy of the notification must be kept with the station license. [ 61 FR 26677 , May 28, 1996, as amended at 63 FR 68984 Dec. 14, 1998] § 101.819 Stations affected by coordination contour procedures. In frequency bands shared with the communication-satellite service, applicants must also comply with the requirements of § 101.21 . Subpart K [Reserved] Subpart L—Local Multipoint Distribution Service Source: 62 FR 23168 , Apr. 29, 1997, unless otherwise noted. § 101.1001 Eligibility. Any entity, other than one precluded by § 101.7 and by § 101.1003 , is eligible for authorization to provide Local Multipoint Distribution Service (LMDS) under this subpart. Authorization will be granted upon proper application filed under the rules in this part. § 101.1005 Frequencies available. ( a ) The following frequencies are available for assignment to LMDS in two license blocks: Block A of 300 MHz 29,100-29,250 MHz 31,075-31,225 MHz Block B of 150 MHz 31,000-31,075 MHz 31,225-31,300 MHz ( b ) In Block A licenses, the frequencies are authorized as follows: ( 1 ) 29,100-29,250 MHz is shared on a co-primary basis with feeder links for non-geostationary orbit Mobile Satellite Service (NGSO/MSS) systems in the band and is limited to LMDS hub-to-subscriber transmissions, as provided in §§ 25.257 and 101.103(h) of this chapter . ( 2 ) 31,075-31,225 MHz is authorized on a primary protected basis and is shared with private microwave point-to-point systems licensed prior to March 11, 1997, as provided in § 101.103(b) . ( c ) In Block B licenses, the frequencies are authorized as follows: ( 1 ) On a primary protected basis if LMDS shares the frequencies with systems licensed as Local Television Transmission Service (LTTS) licensed prior to March 11, 1997, as provided in § 101.103(b) . ( 2 ) On a co-equal basis with systems not licensed as LTTS prior to March 11, 1997, as provided in § 101.103(g) . [ 62 FR 23168 , Apr. 29, 1997, as amended at 81 FR 79945 , Nov. 14, 2016] § 101.1007 Geographic service areas and number of licenses. LMDS service areas are Basic Trading Areas (BTAs) as defined in the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, that identifies 487 BTAs based on the 50 States and as defined to include the BTA-like areas of the United States Virgin Islands, American Samoa, Guam, Mayaguez/Aguadilla-Ponce, Puerto Rico, San Juan, Puerto Rico, and the Commonwealth of Northern Marinas, for a total of 493 BTAs. § 101.1009 System operations. ( a ) The licensee may construct and operate any number of fixed stations anywhere within the area authorized by the license without prior authorization, except as follows: ( 1 ) A station would be required to be individually licensed if: ( i ) International agreements require coordination; ( ii ) Submission of an Environmental Assessment is required under § 1.1307 of this chapter . ( iii ) The station would affect areas identified in § 1.924 of this chapter . ( 2 ) Any antenna structure that requires notification to the Federal Aviation Administration (FAA) must be registered with the Commission prior to construction under § 17.4 of this chapter . ( b ) Whenever a licensee constructs or makes system changes as described in paragraph (a) of this section, the licensee is required to notify the Commission within 30 days of the change under § 1.947 of this chapter and include a statement of the technical parameters of the changed station. [ 62 FR 23168 , Apr. 29, 1997, as amended at 63 FR 68984 , Dec. 14, 1998; 69 FR 17959 , Apr. 6, 2004] § 101.1011 Construction requirements. LMDS licensees must make a showing of “substantial service” in their license area within ten years of being licensed. “Substantial” service is defined as service which is sound, favorable, and substantially above a level of mediocre service which might minimally warrant renewal. Failure by any licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to regain it. [ 82 FR 41549 , Sept. 1, 2017] § 101.1013 Permissible communications services. ( a ) Authorizations for stations in the Local Multipoint Distribution Service will be granted to provide services on a common carrier basis or a non-common carrier basis or on both a common carrier and non-common carrier basis in a single authorization. ( b ) Stations may render any kind of communications service consistent with the Commission's rules and the regulatory status of the station to provide services on a common carrier or non-common carrier basis. ( c ) An applicant or licensee may submit a petition at any time requesting clarification of the regulatory status required to provide a specific communications service. § 101.1017 Requesting regulatory status. ( a ) Initial applications. An applicant will specify on FCC Form 601 if it is requesting authorization to provide services on a common carrier basis, a non-common carrier basis, or on both a common carrier and non-common carrier basis. ( b ) Amendment of pending applications. ( 1 ) Any pending application may be amended to: ( i ) Change the carrier status requested, or ( ii ) Add to the pending request in order to obtain both common carrier and non-common carrier status in a single license. ( 2 ) Amendments to change, or add to, the carrier status in a pending application are minor amendments pursuant to § 1.927 of this chapter . ( c ) Modification of license. ( 1 ) A licensee may modify a license to: ( i ) Change the carrier status authorized, or ( ii ) Add to the status authorized in order to obtain both common carrier and non-common carrier status in a single license. ( 2 ) Applications to change, or add to, the carrier status in a license are modifications not requiring prior Commission authorization filed under § 1.927 of this chapter . If the change results in the discontinuance, reduction, or impairment of an existing service, the licensee is also governed by § 101.305(b) or (c) and submits the application under § 1.927 of this chapter in conformance with the time frames and requirements of §§ 101.305 (b) or (c) . [ 62 FR 23168 , Apr. 29, 1997, as amended at 63 FR 68984 , Dec. 14, 1998] Subpart M—Competitive Bidding Procedures for LMDS Source: 62 FR 23172 , Apr. 29, 1997, unless otherwise noted. § 101.1101 LMDS service subject to competitive bidding. Mutually exclusive initial applications for LMDS licenses are subject to competitive bidding procedures. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 46379 , July 9, 2002] §§ 101.1102-101.1105 [Reserved] § 101.1107 Bidding credits for very small businesses, small businesses and entrepreneurs. ( a ) A winning bidder that qualifies as a very small business, as defined in § 101.1112 , or a consortium of very small businesses may use a bidding credit of 45 percent to lower the cost of its winning bid. ( b ) A winning bidder that qualifies as a small business, as defined in § 101.1112 , or a consortium of small businesses may use a bidding credit of 35 percent to lower the cost of its winning bid. ( c ) A winning bidder that qualifies as an entrepreneur, as defined in § 101.1112 , or a consortium of entrepreneurs may use a bidding credit of 25 percent to lower the cost of its winning bid. ( d ) The bidding credits referenced in paragraphs (a) , (b) and (c) of this section are not cumulative. [ 68 FR 43002 , July 21, 2003] § 101.1109 Records maintenance. All winning bidders qualifying as very small businesses, small businesses or entrepreneurs shall maintain at their principal place of business an updated file of ownership, revenue, and asset information, including any document necessary to establish eligibility as a very small business, small business or entrepreneur. Licensees (and their successors-in-interest) shall maintain such files for the term of the license. Applicants that do not obtain the license(s) for which they applied shall maintain such files until the grant of such license(s) is final, or one year from the date of the filing of their short-form application (FCC Form 175), whichever is earlier. [ 68 FR 43002 , July 21, 2003] § 101.1111 Partitioning and disaggregation. ( a ) Definitions. Disaggregation. The assignment of discrete portions or “blocks” of spectrum licensed to a geographic licensee or qualifying entity. Partitioning. The assignment of geographic portions of a licensee's authorized service area along geopolitical or other boundaries. ( b ) Eligibility. ( 1 ) Parties seeking approval for partitioning and disaggregation shall request an authorization for partial assignment of a license pursuant to § 101.53 . Parties shall submit the forms set forth in § 101.15(e) . ( 2 ) Licensees may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses. ( c ) Technical standards — ( 1 ) Partitioning. In the case of partitioning, requests for authorization for partial assignment of a license must include, as an attachment, a description of the partitioned service area. The partitioned service area shall be defined by coordinate points at every 3 degrees along the partitioned service area unless an FCC recognized service area is utilized ( i.e., Major Trading Area, Basic Trading Area, Metropolitan Service Area, Rural Service Area or Economic Area) or county lines are followed. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). In the case where an FCC recognized service area or county lines are utilized, applicants need only list the specific area(s) (through use of FCC designations or county names) that constitute the partitioned area. In such partitioning cases where an unjust enrichment payment is owed the Commission, the request for authorization for partial assignment of a license must include, as an attachment, a calculation of the population of the partitioned service area and the licensed geographic service area. ( 2 ) Disaggregation. Spectrum may be disaggregated in any amount. ( 3 ) Combined partitioning and disaggregation. The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation. ( d ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 101.67 of this chapter . [ 63 FR 26507 , May 13, 1998, as amended at 82 FR 41549 , Sept. 1, 2017] § 101.1112 Definitions. ( a ) Scope. The definitions in this section apply to §§ 101.1101 through 101.1112 , unless otherwise specified in those sections. ( b ) Very small business. A very small business is an entity that, together with its affiliates and controlling interests, has average gross revenues for the three preceding years of not more than $15 million. ( c ) Small business. A small business is an entity that, together with its affiliates and controlling interests, has average gross revenues for the three preceding years of more than $15 million but not more than $40 million. ( d ) Entrepreneur. An entrepreneur is an entity that, together with its affiliates and controlling interests, has average gross revenues for the three preceding years of more than $40 million but not more than $75 million. [ 67 FR 46380 , July 9, 2002, as amended at 68 FR 43002 , July 21, 2003] Subpart N [Reserved] Subpart O—Multiple Address Systems Source: 65 FR 17450 , Apr. 3, 2000, unless otherwise noted. General Provisions § 101.1301 Scope. This subpart sets out the regulations governing the licensing and operation of Multiple Address Systems (MAS). The rules in this subpart are to be used in conjunction with applicable requirements contained elsewhere in the Commission's rules, such as those requirements contained in parts 1 and 22 of this chapter . § 101.1303 Eligibility. Authorizations for stations in this service will be granted in cases where it is shown that: ( a ) The applicant is legally, financially, technically and otherwise qualified to render the proposed service; ( b ) There are frequencies available to enable the applicant to render a satisfactory service; and ( c ) The public interest, convenience or necessity would be served by a grant thereof. § 101.1305 Private internal service. A private internal service is a service where entities utilize frequencies purely for internal business purposes or public safety communications and not on a for-hire or for-profit basis. § 101.1307 Permissible communications. MAS users may engage in terrestrial point-to-point and point-to-multi-point fixed and limited mobile operations. [ 66 FR 35111 , July 3, 2001] § 101.1309 Regulatory status. ( a ) The Commission will rely on each applicant to specify on FCC Form 601 the type of service or services it intends to provide. Each application for authorization in the bands designated for private internal use must include a certification stating why the application satisfies the definition of private internal use. ( b ) Any interested party may challenge the regulatory status granted an MAS licensee. System License Requirements § 101.1311 Initial EA license authorization. ( a ) Winning bidders must file an application (FCC Form 601) for an initial authorization in each market and frequency block. ( b ) Blanket licenses are granted for each market and frequency block. Applications for individual sites are not required and will not be accepted, except as specified in § 101.1329 . § 101.1313 License term. The license term for stations authorized under this subpart is ten years from the date of original issuance or renewal. § 101.1315 Service areas. In the frequency bands not licensed on a site-by-site basis, the geographic service areas for MAS are Economic Areas (EAs) which are defined by the Department of Commerce's Bureau of Economic Analysis, as modified by the Commission. The EAs will consist of 176 areas, which includes Guam and the Northern Marianas Islands, Puerto Rico and the United States Virgin Islands, American Samoa, and the Gulf of Mexico. [ 66 FR 35111 , July 3, 2001] § 101.1317 Competitive bidding procedures for mutually exclusive MAS EA applications. Mutually exclusive initial applications for licenses in the portions of the MAS bands licensed on a geographic area basis are subject to competitive bidding procedures. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 46380 , July 9, 2002] § 101.1319 Competitive bidding provisions. For the purpose of establishing eligibility requirements and bidding credits for competitive bidding for MAS licenses, pursuant to § 1.2110 of this chapter , the following definitions apply: ( a ) Eligibility for small business provisions. ( 1 ) A small business is an entity that, together with its affiliates and persons or entities that hold interests in such entity and their affiliates, has average gross revenues for the preceding three years not to exceed $15 million, as determined pursuant to § 1.2110 of this chapter . ( 2 ) A very small business is an entity that, together with its affiliates and persons or entities that hold interests in such entity and their affiliates, has average gross revenues for the preceding three years not to exceed $3 million, as determined pursuant to § 1.2110 of this chapter . ( b ) Bidding credits. A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses, may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses, may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter . [ 65 FR 17450 , Apr. 3, 2000, as amended at 67 FR 46380 , July 9, 2002] § 101.1321 License transfers. ( a ) An MAS system license acquired through competitive bidding procedures (including licenses obtained in cases of no mutual exclusivity), together with all appurtenances may be transferred, assigned, sold, or given away only in accordance with the provisions and procedures set forth in § 1.2111 of this chapter . ( b ) An MAS system license obtained through site-based licensing procedures, together with all appurtenances may be transferred, assigned, sold, or given away, to any other entity in accordance with the provisions and procedures set forth in § 1.948 of this chapter . § 101.1323 Spectrum aggregation, disaggregation, and partitioning. ( a ) Eligibility. ( 1 ) Parties seeking approval for partitioning and disaggregation shall request from the Commission an authorization for partial assignment of license. Geographic area licensees may participate in aggregation, disaggregation, and partitioning within the bands licensed on a geographic area basis. Site-based licensees may aggregate spectrum in any MAS bands, but may not disaggregate their licensed spectrum or partition their licensed sites. ( 2 ) Eligible MAS licensees may apply to the Commission to partition their licensed geographic service areas to eligible entities and are free to determine the portion of their service areas to be partitioned. Eligible MAS licensees may aggregate or disaggregate their licensed spectrum at any time following the grant of a license. ( b ) Technical standards — ( 1 ) Aggregation. ( i ) There is no limitation on the amount of spectrum that an MAS licensee may aggregate. ( ii ) Spectrum licensed to MAS licensees does not count toward the CMRS spectrum cap discussed in § 20.6 of this chapter . ( 2 ) Disaggregation. Spectrum may be disaggregated in any amount. A licensee need not retain a minimum amount of spectrum. ( 3 ) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 of this chapter and list the partitioned service area on a schedule to the application. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude, and must be based upon the 1983 North American Datum (NAD83). ( 4 ) Combined partitioning and disaggregation. The Commission will consider requests from geographic area licensees for partial assignment of licenses that propose combinations of partitioning and disaggregation. ( c ) Construction requirements. Responsible parties must submit supporting documents showing compliance with the respective construction requirements within the appropriate construction benchmarks set forth in § 101.1325 . ( d ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 101.1313 . [ 65 FR 17450 , Apr. 3, 2000, as amended at 67 FR 45380 , July 9, 2002; 82 FR 41549 , Sept. 1, 2017] System Requirements § 101.1325 Construction requirements. ( a ) Incumbent and site-based licenses are subject to the construction requirements set forth in § 101.63 . ( b ) Each MAS EA licensee must provide service to at least one-fifth of the population in its service area or “substantial service” within five years of the license grant. In addition, MAS EA licensees must make a showing of continued “substantial service” within ten years of the license grant. Licensees must file maps and other supporting documents showing compliance with the respective construction requirements within the appropriate five- and ten-year benchmarks of the date of their initial licenses. ( c ) Failure by any licensee to meet these requirements will result in forfeiture or non-renewal of the initial license, and the licensee will be ineligible to regain it. [ 65 FR 17450 , Apr. 3, 2000, as amended at 68 FR 4961 , Jan. 31, 2003] § 101.1329 EA Station license, location, modifications. EA licensees may construct master and remote stations anywhere inside the area authorized in their licenses, without prior approval, so long as the Commission's technical and other Rules are complied with, except that individual licenses are required for any master station that: ( a ) Requires the submission of an environmental assessment under § 1.1307 of this chapter ; ( b ) Requires international coordination; or ( c ) The station would affect areas identified in § 1.924 of this chapter . [ 65 FR 17450 , Apr. 3, 2000, as amended at 69 FR 17959 , Apr. 6, 2004] § 101.1331 Treatment of incumbents. ( a ) Any MAS station licensed by the Commission prior to July 1, 1999 in the 928.0-928.85 MHz/952.0-952.85 MHz/956.25-956.45 MHz and 928.85-929.0 MHz/959.85-960.0 MHz bands, as well as assignments or transfers of such stations approved by the Commission and consummated as of January 19, 2000, shall be considered incumbent. ( b ) Incumbent operators in the 928.0-928.85 MHz/952.0-952.85 MHz/956.25-956.45 MHz bands are grandfathered as of January 19, 2000, and may continue to operate and expand their systems pursuant to the interference protection and co-channel spacing criteria contained in § 101.105 . ( 1 ) MAS operators are prohibited from acquiring additional frequencies in the 928.0-928.85 MHz/952.0-952.85 MHz/956.25-956.45 MHz bands and the 932.25625-932.49375 MHz/941.25625-941.49375 MHz bands for the purpose of expanding private carrier service and from changing the use of their frequencies in any manner that is inconsistent with this part. Refer to § 101.147 for designated uses. ( 2 ) Incumbent operators in the 928.0-928.85 MHz/952.0-952.85 MHz/956.25-956.45 MHz bands will include incumbents as defined in § 101.1331(a) , as well as, their transferees and/or assignees and the successors of the transferees and/or assignees and retain their grandfathered status, provided that the use of the MAS frequencies remains unchanged from that of the transferor and/or assignor of the license. ( c ) Incumbent operators in the 928.85-929.0/959.85-960.0 MHz bands are grandfathered as of January 19, 2000, and may expand their systems provided that the signal level of the additional transmitter(s) does not increase the composite contour that occurs at a 40.2 kilometer (25-mile) radius from the center of each master station transmitter site. Incumbent operators and geographic area licensees may negotiate alternative criteria. ( d ) The frequencies associated with incumbent authorizations in the 928/959 MHz bands that have cancelled automatically or otherwise been recovered by the Commission will automatically revert to the applicable EA licensee. ( e ) The frequencies associated with incumbent authorizations in the 928/952/956 MHz bands that have cancelled automatically will revert to the Commission. [ 65 FR 17450 , Apr. 3, 2000, as amended at 66 FR 35111 , July 3, 2001] § 101.1333 Interference protection criteria. ( a ) Frequency coordination. All EA licensees are required to coordinate their frequency usage with co-channel adjacent area licensees and all other affected parties. ( b ) EA licensees are prohibited from exceeding a signal strength of 40 dBµV/m at their service area boundaries, unless a higher signal strength is agreed to by all affected co-channel, adjacent area licensees. ( c ) EA licensees are prohibited from exceeding a signal strength of 40 dBµV/m at incumbent licensees' 40.2 kilometer (25-mile) radius composite contour specified in § 101.1331(c) . ( d ) In general, licensees shall comply with the appropriate coordination agreements between the United States and Canada and the United States and Mexico concerning cross-border sharing and use of the applicable MAS frequencies. ( 1 ) Canada—932.0-932.25 MHz and 941.0-941.25 MHz. ( i ) Within Lines A, B, C, and D, as defined in § 1.928(e) of this chapter , along the U.S./Canada border, U.S. stations operating in the 932.0-932.25 MHz and 941.0-941.25 MHz bands are on a secondary basis and may operate provided that they shall not transmit a power flux density (PFD) at the border greater than −100 dBW/m 2 nor −94 dBW/m 2 , respectively. The U.S. has full use of the frequencies in these regions up to the border in the bands 932.25-932.50 MHz and 941.25-941.50 MHz, and Canadian stations may operate on a secondary basis provided they do not exceed the respective PFDs shown above. PFD can be determined using the following formula: PFD (dBW/m 2 ) = 10 log [EIRP/4π(D 2 ], where EIRP is in watts, D is in meters, and the power is relative to an isotropic radiator. The technical parameters are also limited by tables 1 and 2: Table 1—Maximum Radiated Power Class of station Band MHz Maximum EIRP Maximum ERP 1 Watts dBW Watts dBW Master 941.0-941.5 1000 30 600 27.8 Fixed Remote and Master 932.0-932.5 50 17 30 14.8 1 Where ERP = EIRP/1.64.> ( ii ) Maximum antenna height above average terrain for master stations operating at a maximum power shall not exceed 150 meters. Above 150 meters, the power of master stations shall be in accordance with following table: Table 2—Antenna Height—Power Reduction Table Antenna height above average terrain (meters) EIRP ERP Watts dBW Watts dBW Above 305 200 23 120 20.8 Above 275 to 305 250 24 150 21.8 Above 245 to 275 315 25 190 22.8 Above 215 to 245 400 26 240 23.8 Above 180 to 215 500 27 300 24.8 Above 150 to 180 630 28 380 25.8 Note to Table 2: This information is from the Arrangement between the Federal Communications Commission and the National Telecommunications and Information Administration of the United States of America, and Industry Canada concerning the use of the bands 932 to 935 MHz and 941 to 944 MHz along the United States-Canada border signed in 1994. This agreement also lists grandfathered stations that must be protected. ( 2 ) Canada—928-929 MHz and 952-960 MHz. Between Lines A and B and between Lines C and D, as defined in § 1.928(e) of this chapter , along the U.S./Canada border, U.S. stations operating in the 928.50-928.75 MHz and 952.50-952.75 MHz bands are on an unprotected basis and may operate provided that they shall not transmit a power flux density (PFD) at or beyond the border greater than −100 dBW/m 2 . The U.S. has full use of the frequencies in these regions up to the border in the bands 928.25-928.50 MHz and 952.25-952.50 MHz, and Canadian stations may operate on an unprotected basis provided they do not exceed the PFD above. Frequencies in the bands 928.00-928.25 MHz, 928.75-929.00 MHz, 952.00-952.25 MHz, and 952.75-952.85 MHz are available for use on a coordinated, first-in-time, shared basis subject to protecting grandfathered stations. New stations must provide a minimum of 145 km (90 miles) separation or alternatively limit the actual PFD of the proposed station to −100 dBW/m 2 , at the existing co-channel master stations of the other country, or as mutually agreed upon on a case-by-case basis. Coordination is not required if the PFD at the border is lower than −100 dBW/m 2 . The technical criteria are also limited by the following: Maximum EIRP for master stations in the MHz band: 1000 watts (30 dBW) 952-953 Maximum EIRP for fixed remote stations or stations in the 928-929 MHz band: 50 watts (17 dBW) master Maximum EIRP for mobile master stations: 25 watts (14 dBW) Maximum antenna height above average master or control stations: 152 m at 1000 watts terrain for EIRP, power derated in accordance with the following table: Antenna height above average terrain (m) EIRP Watts dBm Above 305 200 53 Above 275 to 305 250 54 Above 244 to 274 315 55 Above 214 to 243 400 56 Above 183 to 213 500 57 Above 153 to 182 630 58 Below 152 1000 60 Note to table in paragraph ( d )(2): This information is from the Arrangement between the Department of Communications of Canada and the Federal Communications Commission of the United States of America Concerning the Use of the Bands 928 to 929 MHz and 952 to 953 MHz along the United States-Canada Border signed in 1991. This agreement also lists grandfathered stations that must be protected. ( 3 ) Mexico. Within 113 kilometers of the U.S./Mexico border, U.S. stations operating in the 932.0-932.25 MHz and 941.0-941.25 MHz bands are on a secondary basis (non-interference to Mexican primary licensees) and may operate provided that they shall not transmit a power flux density (PFD) at or beyond the border greater than −100 dBW/m 2 . Upon notification from the Commission, U.S. licensees must take proper measures to eliminate any harmful interference caused to Mexican primary assignments. The U.S. has full use of the frequencies in these regions up to the border in the bands 932.25-932.50 MHz and 941.25-941.50 MHz, and Mexican stations may operate on a secondary basis (non-interference to U.S. primary licensees) provided they do not exceed the PFD shown above. Stations using the 932-932.5 MHz band shall be limited to the maximum effective isotropic radiated power of 50 watts (17 dBW). Stations using the 941-941.5 MHz band shall meet the limits in the following table: Antenna height above average mean sea level (meters) EIRP Watts dBW Above 305 200 23 Above 274 to 305 250 24 Above 243 to 274 315 25 Above 213 to 243 400 26 Above 182 to 213 500 27 Above 152 to 182 630 28 Up to 152 1000 30 Note to table in paragraph ( d )(3): This information is from the Agreement between the Government of the United States of America and the Government of the United Mexican States Concerning the Allocation and Use of Frequency Bands by Terrestrial Non-Broadcasting Radiocommunication Services Along the Common Border, Protocol #6 Concerning the Allotment and Use of Channels in the 932-932.5 and 941-941.5 MHz Bands for Fixed Point-to-Multipoint Services Along the Common Border signed in 1994. [ 65 FR 17450 , Apr. 3, 2000, as amended at 68 FR 4961 , Jan. 31, 2003] Subpart P—Multichannel Video Distribution and Data Service Rules for the 12.2-12.7 GHz Band Source: 69 FR 31746 , June 7, 2004, unless otherwise noted. § 101.1401 Service areas. Multichannel Video Distribution and Data Service (MVDDS) is licensed on the basis of Designated Market Areas (DMAs). The 214 DMA service areas are based on the 210 Designated Market Areas delineated by Nielsen Media Research and published in its publication entitled U.S. Television Household Estimates, September 2002, plus four FCC-defined DMA-like service areas. ( a ) Alaska—Balance of State (all geographic areas of Alaska not included in Nielsen's three DMAs for the state: Anchorage, Fairbanks, and Juneau); ( b ) Guam and the Northern Mariana Islands; ( c ) Puerto Rico and the United States Virgin Islands; and ( d ) American Samoa. § 101.1403 Broadcast carriage requirements. MVDDS licensees are not required to provide all local television channels to subscribers within its area and thus are not required to comply with the must-carry rules, nor the local signal carriage requirements of the Rural Local Broadcast Signal Act. See Multichannel Video and Cable Television Service Rules, Subpart D (Carriage of Television Broadcast Signals), 47 CFR 76.51-76.70 . If an MVDDS licensee meets the statutory definition of Multiple Video Programming Distributor (MVPD), the retransmission consent requirement of section 325(b)(1) of the Communications Act of 1934, as amended ( 47 U.S.C. 325(b)(1) ) shall apply to that MVDDS licensee. Any MVDDS licensee that is an MVPD must obtain the prior express authority of a broadcast station before retransmitting that station's signal, subject to the exceptions contained in section 325(b)(2) of the Communications Act of 1934, as amended ( 47 U.S.C. 325(b)(2) ). Network nonduplication, syndicated exclusivity, sports blackout, and leased access rules shall not be imposed on MVDDS licensees. § 101.1405 Channeling plan. Each license shall have one spectrum block of 500 megahertz per geographic area that can be divided into any size channels. Disaggregation is not allowed. § 101.1407 Permissible operations for MVDDS. MVDDS licensees must use spectrum in the 12.2-12.7 GHz band for any digital fixed non-broadcast service (broadcast services are intended for reception of the general public and not on a subscribership basis) including one-way direct-to-home/office wireless service. Mobile and aeronautical services are not authorized. Two-way services may be provided by using other spectrum or media for the return or upstream path. § 101.1409 Treatment of incumbent licensees. Terrestrial private operational fixed point-to-point licensees in the 12.2-12.7 GHz band which were licensed prior to MVDDS or NGSO FSS satellite stations are incumbent point-to-point stations and are not entitled to protection from harmful interference caused by later MVDDS or NGSO FSS entrants in the 12.2-12.7 GHz band, except for public safety stations which must be protected. MVDDS and NGSO FSS operators have the responsibility of resolving any harmful interference problems that their operations may cause to these public safety incumbent point-to-point operations in the 12.2-12.7 GHz band. Incumbent public safety terrestrial point-to-point licensees may only make minor changes to their stations without losing this protection. This does not relieve current point-to-point licensees of their obligation to protect BSS operations in the subject frequency band. All point-to-point applications, including low-power operations, for new licenses, major amendments to pending applications, or major modifications to existing licenses for the 12.2-12.7 GHz band are no longer accepted except for renewals and changes in ownership. See § 1.929 of this chapter for definitions of major and minor changes. § 101.1411 Regulatory status and eligibility. ( a ) MVDDS licensees are permitted to provide one-way video programming and data services on a non-common carrier and/or on a common carrier basis. MVDDS is not required to be treated as a common carrier service unless it is providing non-Internet voice and data services through the public switched network. ( b ) MVDDS licensees in the 12.2-12.7 GHz band are subject to the requirements set forth in § 101.7 . ( c ) Any entity, other than one precluded by §§ 101.7 and 101.1412 , is eligible for authorization to provide MVDDS under this part. Authorization will be granted upon proper application filing in accordance with the Commission's rules. § 101.1412 MVDDS eligibility restrictions for cable operators. ( a ) Eligibility for MVDDS license. No cable operator, nor any entity owning an attributable interest in a cable operator, shall have an attributable interest in an MVDDS license if such cable operator's service area significantly overlaps the MVDDS license area, as “significantly overlaps” is defined in paragraph (e) of this section. ( b ) Definition of cable operator. For the purposes of paragraph (a) of this section, the term “cable operator” means a company that is franchised to provide cable service, as defined in 47 CFR 76.5(ff) of this chapter, in all or part of the MVDDS license area. ( c ) For the purpose of this section, the term “MVPD household” refers to a household that subscribes to one or more Multichannel Video Program Distributors (MVPDs), as defined in 47 CFR 76.1000(e) of this chapter. ( d ) Waiver of restriction. Upon completion of the initial award of an MVDDS license, a cable operator may petition for a waiver of the restriction on eligibility based upon a showing that changed circumstances or new evidence indicate that no significant likelihood of substantial competitive harm will result from the operator retaining an attributable interest in the MVDDS license. ( e ) Significant overlap with service area. For purposes of paragraph (a) of this section, significant overlap occurs when a cable operator's subscribers in the MVDDS license area make up thirty-five percent or more of the MVPD households in that MVDDS license area. ( f ) Definition of attributable interest. For purposes of paragraph (a) of this section, an entity shall be considered to have an attributable interest in a cable operator or MVDDS licensee pursuant to the following criteria: ( 1 ) A controlling interest shall constitute an attributable interest. Controlling interest means majority voting equity ownership, any general partnership interest, or any means of actual working control (including negative control) over the operation of the entity, in whatever manner exercised. ( 2 ) Any general partnership interest in a partnership; ( 3 ) Partnership and similar ownership interests (including limited partnership interests) amounting to 20 percent or more of the total partnership interests, calculated according to both the percentage of equity paid in and the percentage of distribution of profits and losses; ( 4 ) Any stock interest amounting to 20 percent or more of the outstanding voting stock of an entity; ( 5 ) Any voting or non-voting stock interest, amounting to 20 percent or more of the total outstanding stock of an entity; ( 6 ) Stock interests held in trust that exceed the limit set forth in paragraph (f) of this section shall constitute an attributable interest of any person who holds or shares the power to vote such stock, of any person who has the sole power to sell such stock, and, in the case of stock held in trust, of any person who has the right to revoke the trust at will or to replace the trustee at will. If the trustee has a familial, personal, or extra-trust business relationship to the grantor or the beneficiary, the stock interests held in trust shall constitute an attributable interest of such grantor or beneficiary, as appropriate. ( 7 ) Debt and interests such as warrants and convertible debentures, options, or other interests (except non-voting stock) with rights of conversion to voting interests shall not constitute attributable interests unless and until conversion is effected. ( 8 ) An interest in a Limited Liability Company (LLC) or Registered Limited Liability Partnership (RLLP) amounting to 20 percent or more, shall constitute an attributable interest of each such limited partner. ( 9 ) Officers and directors of a cable operator, an MVDDS licensee, or an entity that controls such cable operator or MVDDS licensee, shall be considered to have an attributable interest in such cable operator or MVDDS licensee. ( 10 ) Ownership interests that are held indirectly by any party through one or more intervening corporations or other entities shall be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that, if the ownership for any interest in any link in the chain exceeds 50 percent or represents actual control, it shall be treated as if it were a 100 percent interest. ( 11 ) Any person who manages the operations of a cable operator or an MVDDS licensee pursuant to a management agreement shall be considered to have an attributable interest in such cable operator or MVDDS licensee, if such person or its affiliate has authority to make decisions or otherwise engage in practices or activities that determine, or significantly influence: ( i ) The nature or types of services offered by such entity; ( ii ) The terms upon which such services are offered; or ( iii ) The prices charged for such services. ( 12 ) Any person or its affiliate who enters into a joint marketing arrangement with a cable operator, an MVDDS licensee, or an affiliate of such entity, shall be considered to have an attributable interest in such cable operator, MVDDS licensee, or affiliate, if such person or its affiliate has authority to make decisions or otherwise engage in practices or activities that determine: ( i ) The nature or types of services offered by such entity; ( ii ) The terms upon which such services are offered; or ( iii ) The prices charged for such services. ( g ) Divestiture. Any cable operator, or any entity owning an attributable interest in a cable operator, that would otherwise be barred from acquiring an attributable interest in an MVDDS license by the eligibility restriction in paragraph (a) of this section, may be a party to an MVDDS application ( i.e., have an attributable interest in the applicant), and such applicant will be eligible for an MVDDS license, pursuant to the divestiture procedures set forth in paragraphs (g)(1) through (g)(6) of this section. ( 1 ) Divestiture shall be limited to the following prescribed means: ( i ) An MVDDS applicant holding an attributable interest in a cable operator may divest such interest in the cable company. ( ii ) Other MVDDS applicants disqualified under paragraph (a) of this section, will be permitted to: ( A ) Partition and divest that portion of the existing service area that causes it to exceed the overlap restriction in paragraph (a) of this section, subject to applicable regulations of state and local governments; or ( B ) Partition and divest that portion of the MVDDS geographic service area that exceeds the overlap restriction in paragraph (a) of this section. ( iii ) Divestiture may be to an interim trustee if a buyer has not been secured in the required period of time, as long as the MVDDS applicant has no interest in or control of the trustee and the trustee may dispose of the license as it sees fit. ( 2 ) The MVDDS applicant shall certify as an exhibit to its short form application that it and all parties to the application will come into compliance with paragraph (a) of this section. ( 3 ) If such MVDDS applicant is a successful bidder in an auction, it must submit with its long-form application a signed statement describing its efforts to date and future plans to come into compliance with the eligibility restrictions in paragraph (a) of this section. ( 4 ) If such an MVDDS applicant is otherwise qualified, its application will be granted subject to a condition that the applicant shall come into compliance with the eligibility restrictions in paragraph (a) within ninety (90) days of final grant of such MVDDS license. ( 5 ) An MVDDS applicant will be considered to have come into compliance with paragraph (a) of this section if: ( i ) In the case of the divestiture of a portion of an MVDDS license service area, it has successfully completed the assignment or transfer of control of the requisite portion of the MVDDS geographic service area. ( ii ) In all other cases, it has submitted to the Commission a signed certification that it has come into compliance with paragraph (a) of this section by the following means, identified in such certification: ( A ) By divestiture of a disqualifying interest in a cable operator, identified in terms of the interest owned, the owner of such interest (and, if such owner is not the applicant itself, the relationship of the owner to the applicant), the name of the party to whom such interest has been divested, and the date such divestiture was executed; or ( B ) By divestiture of the requisite portion of the cable operator's existing service area, identified in terms of the name of the party to whom such interest has been divested, the date such divestiture was executed, the name of any regulatory agency that must approve such divestiture, and the date on which an application was filed for this purpose with the regulatory agency. ( 6 ) If no such certification or application is tendered to the Commission within ninety (90) days of final grant of the initial license, the Commission may cancel or rescind the license automatically, shall retain all monies paid to the Commission, and, based on the facts presented, shall take any other action it may deem appropriate. Note to § 101.1412 : Waivers of § 101.1412(f) may be granted upon an affirmative showing: (a) That the interest holder has less than a fifty percent voting interest in the licensee and there is an unaffiliated single holder of a fifty percent or greater voting interest; (b) That the interest holder is not likely to affect the local market in an anticompetitive manner; (c) That the interest holder is not involved in the operations of the licensee and does not have the ability to influence the licensee on a regular basis; and (d) That grant of a waiver is in the public interest because the benefits to the public of common ownership outweigh any potential anticompetitive harm to the market. [ 69 FR 31746 , June 7, 2004, as amended at 69 FR 59146 , Oct. 4, 2004] § 101.1413 License term and construction requirements. ( a ) The MVDDS license term is ten years, beginning on the date of the initial authorization grant. ( b ) As a construction requirement, MVDDS licensees must make a showing of substantial service at the end of five years into the license period and ten years into the license period. The substantial service requirement is defined as a service that is sound, favorable, and substantially above a level of mediocre service which might minimally warrant renewal. At the end of five years into the license term and ten years into the license period, the Commission will consider factors such as: ( 1 ) Whether the licensee's operations service niche markets or focus on serving populations outside of areas serviced by other MVDDS licensees; ( 2 ) Whether the licensee's operations serve populations with limited access to telecommunications services; and ( 3 ) A demonstration of service to a significant portion of the population or land area of the licensed area. ( c ) The renewal application of an MVDDS licensee is governed by § 1.949 of this chapter . [ 69 FR 31746 , June 7, 2004, as amended at 82 FR 41549 , Sept. 1, 2017] § 101.1415 Partitioning and disaggregation. ( a ) MVDDS licensees are permitted to partition licensed geographic areas along county borders (Parishes in Louisiana or Territories in Alaska). Disaggregation will not be permitted by MVDDS licensees in the 12.2-12.7 GHz band. “Partitioning” is the assignment of geographic portions of a license along geopolitical or other boundaries. “Disaggregation” is the assignment of discrete portions or “blocks” of spectrum licensed to a geographic licensee or qualifying entity. ( b ) Eligibility. ( 1 ) Parties seeking approval for partitioning shall request from the Commission an authorization for partial assignment of a license pursuant to § 1.948 of this chapter . ( 2 ) MVDDS licensees may apply to the Commission to partition their licensed geographic service areas to eligible entities and are free to partition their licensed spectrum at any time following the grant of a license. ( 3 ) Any existing frequency coordination agreements shall convey with the assignment of the geographic area or spectrum, and shall remain in effect for the term of the agreement unless new agreements are reached. ( c ) Technical standards. ( 1 ) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 of this chapter and list the partitioned service area on a schedule to the application. ( 2 ) The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). ( d ) Unjust enrichment. 12 GHz licensees that received a bidding credit and partition their licenses to entities not meeting the eligibility standards for such a bidding credit, will be subject to the provisions concerning unjust enrichment as set forth in § 1.2111 of this chapter . ( e ) License term. The MVDDS license term is ten years, beginning on the date of the initial authorization grant. The license term for a partitioned license area shall be the remainder of the original licensee's license term as provided for in § 101.1413 . [ 69 FR 31746 , June 7, 2004, as amended at 82 FR 41549 , Sept. 1, 2017] § 101.1417 Annual report. Each MVDDS licensee shall file with the Broadband Division of the Wireless Telecommunications Bureau of the Commission two copies of a report by March 1 of each year for the preceding calendar year. This report must include the following: ( a ) Name and address of licensee; ( b ) Station(s) call letters and primary geographic service area(s); and ( c ) The following statistical information for the licensee's station (and each channel thereof): ( 1 ) The total number of separate subscribers served during the calendar year; ( 2 ) The total hours of transmission service rendered during the calendar year to all subscribers; ( 3 ) The total hours of transmission service rendered during the calendar year involving the transmission of local broadcast signals; and ( 4 ) A list of each period of time during the calendar year in which the station rendered no service as authorized, if the time period was a consecutive period longer than 48 hours. § 101.1421 Coordination of adjacent area MVDDS stations. ( a ) MVDDS licensees in the 12.2-12.7 GHz band are required to develop sharing and protection agreements based on the design and architecture of their systems, in order to ensure that no harmful interference occurs between adjacent geographical area licensees. MVDDS licensees shall: ( 1 ) Engineer systems to be reasonably compatible with adjacent and co-channel operations in the adjacent areas on all its frequencies; and ( 2 ) Cooperate fully and in good faith to resolve interference and transmission problems that are present on adjacent and co-channel operations in adjacent areas. ( b ) Harmful interference to public safety stations, co-channel MVDDS stations operating in adjacent geographic areas, and stations operating on adjacent channels to MVDDS stations is prohibited. In areas where the DMAs are in close proximity, careful consideration should be given to power requirements and to the location, height, and radiation pattern of the transmitting and receiving antennas. Licensees are expected to cooperate fully in attempting to resolve problems of potential interference before bringing the matter to the attention of the Commission. ( c ) Licensees shall coordinate their facilities whenever the facilities have optical line-of-sight into other licensees' areas or are within the same geographic area. Licensees are encouraged to develop operational agreements with relevant licensees in the adjacent geographic areas. Incumbent public safety POFS licensee(s) shall retain exclusive rights to its channel(s) within the relevant geographical areas and must be protected in accordance with the procedures in § 101.103 . A list of public safety incumbents is attached as Appendix I to the Memorandum Opinion and Order and Second Report and Order, Docket 98-206, released May 23, 2002. Please check with the Commission for any updates to that list. § 101.1423 Canadian and Mexican coordination. Pursuant to § 2.301 of this chapter , MVDDS systems in the United States within 56 km (35 miles) of the Canadian and Mexican border will be granted conditional licenses, until final international agreements are approved. These systems may not cause harmful interference to stations in Canada or Mexico. MVDDS stations must comply with the procedures outlined under §§ 101.147(p) and 1.928(f)(1) and (f)(2) of this chapter until final international agreements concerning MVDDS are signed. Section 1.928(f) of this chapter states that transmitting antennas can be located as close as five miles (eight kilometers) of the border if they point within a sector of 160 degrees away from the border, and as close as thirty-five miles (fifty-six km) of the border if they point within a sector of 200 degrees toward the border without coordination with Canada. MVDDS licensees shall apply this method near the Canadian and Mexican borders. No stations are allowed within 5 miles of the borders. § 101.1425 RF exposure. MVDDS stations in the 12.2-12.7 GHz frequency band shall ensure compliance with the Commission's radio frequency exposure requirements in § 1.1307(b) of this chapter . An Environmental Assessment may be required if RF radiation from the proposed facilities would, in combination with radiation from other sources, cause RF power density or field strength in an accessible area to exceed the applicable limits specified in § 1.1310 of this chapter . [ 85 FR 18151 , Apr. 1, 2020] § 101.1427 MVDDS licenses subject to competitive bidding. Mutually exclusive initial applications for MVDDS licenses in the 12.2-12.7 GHz band are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. § 101.1429 Designated entities. ( a ) Eligibility for small business provisions. ( 1 ) A very small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $3 million for the preceding three years. ( 2 ) A small business is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $15 million for the preceding three years. ( 3 ) An entrepreneur is an entity that, together with its controlling interests and affiliates, has average annual gross revenues not exceeding $40 million for the preceding three years. ( b ) Bidding credits. A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(i) of this chapter . A winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . A winning bidder that qualifies as an entrepreneur, as defined in this section, or a consortium of entrepreneurs may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . § 101.1440 MVDDS protection of DBS. ( a ) An MVDDS licensee shall not begin operation unless it can ensure that the EPFD from its transmitting antenna at all DBS customers of record locations is below the values listed for the appropriate region in § 101.105(a)(4)(ii) . Alternatively, MVDDS licensees may obtain a signed written agreement from DBS customers of record stating that they are aware of and agree to their DBS system receiving MVDDS signal levels in excess of the appropriate EPFD limits specified in § 101.105(a)(4)(ii) . DBS customers of record are those who had their DBS receive antennas installed prior to or within the 30 day period after notification to the DBS operator by the MVDDS licensee of the proposed MVDDS transmitting antenna site. ( b ) MVDDS licensees are required to conduct a survey of the area around its proposed transmitting antenna site to determine the location of all DBS customers of record that may potentially be affected by the introduction of its MVDDS service. The MVDDS licensee must assess whether the signal levels from its system, under its deployment plans, would exceed the appropriate EPFD levels in § 101.105(a)(4)(ii) at any DBS customer of record location. Using EPFD calculations, terrain and building structure characteristics, and the survey results, an MVDDS licensee must make a determination of whether its signal level(s) will exceed the EPFD limit at any DBS customer of record sites. To assist in making this determination, the MVDDS provider can use the EPFD contour model developed by the Commission and described in Appendix J of the Memorandum Opinion and Order and Second Report and Order, ET Docket 98-206 or on the OET website at http://www.fcc.gov/oet/dockets/et98-206 . ( c ) If the MVDDS licensee determines that its signal level will exceed the EPFD limit at any DBS customer site, it shall take whatever steps are necessary, up to and including finding a new transmit site, to ensure that the EPFD limit will not be exceeded at any DBS customer location. ( d ) Coordination between MVDDS and DBS licensees. ( 1 ) At least 90 days prior to the planned date of MVDDS commencement of operations, the MVDDS licensee shall provide the following information to the DBS licensee(s): ( i ) Geographic location (including NAD 83 coordinates) of its proposed station location; ( ii ) Maximum EIRP of each transmitting antenna system; ( iii ) Height above ground level for each transmitting antenna; ( iv ) Antenna type along with main beam azimuth and altitude orientation information, and description of the antenna radiation pattern; ( v ) Description of the proposed service area; and ( vi ) Survey results along with a technical description of how it determined compliance with the appropriate EPFD level at all DBS subscriber locations. ( 2 ) No later than forty-five days after receipt of the MVDDS system information in paragraph (d)(1) of this section, the DBS licensee(s) shall provide the MVDDS licensee with a list of only those new DBS customer locations that have been installed in the 30-day period following the MVDDS notification and that the DBS licensee believes may receive harmful interference or where the prescribed EPFD limits may be exceeded. In addition, the DBS licensee(s) could indicate agreement with the MVDDS licensee's technical assessment, or identify DBS customer locations that the MVDDS licensee failed to consider or DBS customer locations where they believe the MVDDS licensee erred in its analysis and could exceed the prescribed EPFD limit. ( 3 ) Prior to commencement of operation, the MVDDS licensee must take into account any new DBS customers or other relevant information provided by DBS licensees in response to the notification in paragraph (d)(1) of this section. ( e ) Beginning thirty days after the DBS licensees are notified of a potential MVDDS site in paragraph (d)(1) of this section, the DBS licensees are responsible for providing information they deem necessary for those entities who install all future DBS receive antennas on its system to take into account the presence of MVDDS operations so that these DBS receive antennas can be located in such a way as to avoid the MVDDS signal. These later installed DBS receive antennas shall have no further rights of complaint against the notified MVDDS transmitting antenna(s). ( f ) In the event of either an increase in the EPFD contour in any direction or a major modification as defined in § 1.929 of this chapter , such as the addition of an antenna, to an MVDDS station, the procedures of paragraphs (d) and (e) of this section and rights of complaint begin anew. Exceptions to this are renewal, transfer of control, and assignment of license applications. ( g ) Interference complaints. The MVDDS licensee must satisfy all complaints of interference to DBS customers of record which are received during a one year period after commencement of operation of the transmitting facility. Specifically, the MVDDS licensee must correct interference caused to a DBS customer of record or cease operation if it is demonstrated that the DBS customer is receiving harmful interference from the MVDDS system or that the MVDDS signal exceeds the permitted EPFD level at the DBS customer location. Subpart Q—Service and Technical Rules for the 70/80/90 GHz Bands Source: 69 FR 3267 , Jan. 23, 2004, unless otherwise noted. § 101.1501 Service areas. The 70/80/90 GHz bands are licensed on the basis of non-exclusive nationwide licenses. There is no limit to the number of non-exclusive nationwide licenses that may be granted for these bands, and these licenses will serve as a prerequisite for registering individual point-to-point links. In the 71-76 GHz and 81-86 GHz bands, nationwide non-exclusive licenses also serve as a blanket license for air-to-air and ship-to-ship operations, and as a prerequisite to register ground-to-air (GTA) stations and to operate associated GTA and air-to-ground (ATG) transmissions; and as a prerequisite to register shore stations and aerostat relay stations and to operate associated ship-to-shore, shore-to-ship, shore-to-aerostat, aerostat-to-ship, and aerostat-to-shore transmissions. [ 89 FR 33261 , Apr. 29, 2024] § 101.1505 Segmentation plan. ( a ) An entity may request any portion of the 71-76 GHz and 81-86 GHz bands, up to 5 gigahertz in each segment for a total of 10 gigahertz. Licensees are also permitted to register smaller segments. ( b ) The 92-95 GHz band is divided into three segments: 92.0-94.0 GHz and 94.1-95.0 GHz for non-government and government users, and 94.0-94.1 GHz for Federal Government use. Pairing is allowed and segments may be aggregated without limit. The bands in paragraph (a) of this section can be included for a possible 12.9 gigahertz maximum aggregation. Licensees are also permitted to register smaller segments than provided here. [ 70 FR 29998 , May 25, 2005] § 101.1507 Permissible operations. Licensees may use the 70 GHz, 80 GHz, and 90 GHz bands for any point-to-point, non-broadcast service. Licensees may use the 70 GHz and 80 GHz bands for aeronautical and maritime service as set forth in § 101.1528 . The segments may be unpaired or paired, but pairing will be permitted only in a standardized manner (e.g., 71-72.25 GHz may be paired only with 81-82.25 GHz, and so on). The segments may be aggregated without limit. [ 89 FR 33262 , Apr. 29, 2024] § 101.1511 Regulatory status and eligibility. ( a ) Licensees are permitted to provide services on a non-common carrier and/or on a common carrier basis. ( b ) Licensees are subject to the requirements set forth in § 101.7 . ( c ) Any entity, other than one precluded by § 101.7 , is eligible for authorization to provide service under this part. Authorization will be granted upon proper application filing and link coordination in accordance with the Commission's rules. § 101.1513 License term. The license term is ten years, beginning on the date of the initial authorization (nationwide license) grant. Registering links will not change the overall renewal period of the license. [ 70 FR 29998 , May 25, 2005] § 101.1523 Sharing and coordination among non-government licensees and between non-government and government services. Cross Reference Link to an amendment published at 89 FR 33262 , Apr. 29, 2024. ( a ) Registration of each link in the 71-76 GHz, 81-86 GHz, and 92-95 GHz bands will be in the Universal Licensing System until the Wireless Telecommunications Bureau announces by public notice the implementation of a third-party database. ( b ) The licensee or applicant shall: ( 1 ) Complete coordination with Federal Government links according to the coordination standards and procedures adopted in Report and Order, FCC 03-248, and as further detailed in subsequent implementation public notices issued consistent with that order; ( 2 ) Provide an electronic copy of an interference analysis to the third-party database manager which demonstrates that the potential for harmful interference to or from all previously registered non-government links has been analyzed according to the standards of section 101.105 and generally accepted good engineering practice, and that the proposed non-government link will neither cause harmful interference to, nor receive harmful interference from, any previously registered non-government link; and ( 3 ) Provide upon request any information related to the interference analysis and the corresponding link. The third-party database managers shall receive and retain the interference analyses electronically and make them available to the public. Protection of individual links against harmful interference from other links shall be granted to first-in-time registered links. Successful completion of coordination via the NTIA automated mechanism shall constitute successful non-Federal Government to Federal Government coordination for that individual link. ( c ) In addition, the following types of non-Federal Government links require the filing with the Commission an FCC Form 601 for each link for the purpose of coordination and registration, in addition to registering each link in the third-party database: ( 1 ) Facilities requiring the submission of an Environmental Assessment, ( 2 ) Facilities requiring international coordination, and ( 3 ) Operation in quiet zones. ( d ) The Commission believes the licensee is in the best position to determine the nature of its operations and whether those operations impact these settings, and is required to submit to a database manager, as part of the registration package, documentation that an FCC Form 601 has been filed. [ 69 FR 3267 , Jan. 23, 2004, as amended at 70 FR 29998 , May 25, 2005] § 101.1525 RF safety. Licensees in the 70-80-90 GHz bands are subject to the exposure requirements found in §§ 1.1307(b) , 2.1091 and 2.1093 of this chapter , and will use the parameters found therein. § 101.1527 Canadian and Mexican coordination. ( a ) A licensee of bands 71.0-76.0, 81.0-86.0, 92-94 GHz and 94.1-95 GHz must comply with § 1.928(f) of this chapter , which pertains to coordination with Canada. ( b ) A licensee of bands 71.0-76.0, 81.0-86.0, 92-94 GHz and 94.1-95 GHz must coordinate with Mexico in the following situations: ( 1 ) For a station the antenna of which looks within the 200 deg. sector toward the Mexico-United States borders, that area in each country within 35 miles of the borders; and ( 2 ) For a station the antenna of which looks within the 160 deg. sector away from the Canada-United States borders, that area in each country within 5 miles of the borders. § 101.1528 Requirements for aeronautical and maritime links to, from, or between endpoints in motion. Cross Reference Link to an amendment published at 89 FR 33264 , Apr. 29, 2024. ( a ) Requirements for aeronautical ground stations and endpoints in motion. ( 1 ) Air-to-ground transmissions are permitted only in the 71-76 GHz band. ( 2 ) Ground-to-air transmissions are permitted only in the 81-86 GHz band. ( 3 ) Air-to-air transmissions are permitted only between aircraft that are separated by a minimum slant path distance of 50 km. ( 4 ) Transmissions are only permitted to and from aircraft at altitudes between 10,000 ft and 50,000 ft. ( 5 ) Ground stations must operate with a minimum elevation angle of 5 degrees and a maximum elevation angle of 45 degrees. ( 6 ) Ground stations must be located at least 10 km from any existing Non-Federal FSS earth station or Federal facility listed in table 4 to paragraph (c)(2) of this section, absent a coordination agreement with the FSS operator. ( 7 ) Ground stations must be located at least 150 km from the specific Federal facilities and not within the areas listed in table 3 to paragraph (c)(1) of this section, absent a coordination agreement with the Federal operator. ( 8 ) Ground stations must be located at least 10 km from any existing Federal or non-Federal fixed station receiver, absent a coordination agreement with the fixed station operator. ( 9 ) Air-to-air transmissions are permitted in 81-86 GHz subject to the following limitations; ( i ) EIRP signal levels radiated along a line between the airborne transmitter and the latitude and longitude of the observatories in table 3 to paragraph (c)(1) of this section, which must be maintained as the airborne transmitter moves, cannot exceed the levels shown in table 1 to this paragraph (a)(9)(i) . Within the range of 150 km and 375 km, the maximum allowable EIRP levels for horizontal distances not listed in table below may be approximated by linear interpolation. Table 1 to Paragraph ( a )(9)( i )—List of Maximum Allowable EIRP levels, in d BW Frequency (GHz) Horizontal distance (km) 150 175 200 225 250 275 300 325 350 375 81 −11.2 −8.8 −6.5 −4.2 −1.5 1.1 3.9 6.7 10 13.5 82 −11.5 −9.2 −6.9 −4.6 −2 0.5 3.2 6 9.2 12.6 83 −11.7 −9.5 −7.3 −5 −2.4 0 2.7 5.4 8.6 11.9 84 −11.9 −9.7 −7.5 −5.3 −2.8 −0.4 2.3 4.9 8 11.3 85 −12.1 −9.9 −7.8 −5.5 −3 −0.7 1.9 4.5 7.6 10.8 86 −12.2 −10 −7.9 −5.7 −3.3 −0.9 1.7 4.2 7.3 10.5 ( ii ) A licensee of aeronautical end points in motion must have a capability to target specific areas which can be added to a “block list” as part of a dynamic link management system. If air-to-air transmission within the main beam of the radio astronomy receiver cannot be avoided, air-to-air transmissions within the radio horizon of the radio astronomy site (as specified in table 2 to this paragraph (a)(9)(ii) ) should not occur. Table 2 to Paragraph ( a )(9)( ii )—Approximate Radio Horizon, in Horizontal Distance [km] Altitude (m) Approximate radio horizon (km) (horizontal distance) 10,360 375 8,000 315 6,000 260 5,000 220 4,000 180 3,000 125 ( iii ) The list of radio astronomy sites may be periodically updated by the NTIA and the FCC. This rule may be superseded by a coordination agreement between the licensee and NSF, in which case the coordination agreement will specify the technical restrictions. ( 10 ) Air-to-air transmissions in the 71-76 GHz band are subject to the following restrictions: ( i ) EIRP signal levels shall be limited to 20 dBW/1000 MHz towards each military installation listed in table 4 to paragraph (c)(2) that is within 375 km of the airborne transmitter. This 20 dBW/1000 MHz EIRP applies to the power radiated along a line between the airborne transmitter and the latitude and longitude of the military installations in table 4 to paragraph (c)(2) of this section and must be maintained as the airborne transmitter moves. An EIRP of 57 dBW/1000 MHz is allowed in other directions. The list of military installations in table 4 to paragraph (c)(2) of this section may be periodically updated by the NTIA and the FCC. This rule may be superseded by a coordination agreement between the licensee and the Department of Defense (DoD), in which case the coordination agreement will specify the technical restrictions and allow the licensee and DoD to update the list of protected installations in the agreement. The locations of all aeronautical end-point-in-motion ground stations will be provided to NTIA and DoD as part of the coordination process. ( ii ) A licensee of aeronautical end points in motion must have a capability to target specific areas which can be added to a “block list” as part of a dynamic link management system. If air-to-air transmission within the main beam of the radio astronomy receivers associated with the observatories in table 3 to paragraph (c)(1) of this section cannot be avoided, air-to-air transmissions within the radio horizon of the radio astronomy site (as specified in table 2 to paragraph (a)(9)(ii) of this section) should not occur. ( iii ) The list of radio astronomy sites may be periodically updated by the NTIA and the FCC. This rule may be superseded by a coordination agreement between the licensee and NSF, in which case the coordination agreement will specify the technical restrictions. ( b ) Requirements for maritime shore stations, aerostats, and endpoints in motion. ( 1 ) Ship-to-shore transmissions are only permitted in the 81-86 GHz band. ( 2 ) Shore-to-ship transmissions are only permitted in the 71-76 GHz band. ( 3 ) Shore-to-aerostat transmissions are only permitted in the 71-76 GHz band. ( 4 ) Aerostat-to-ship transmissions are only permitted in the 71-76GHz band. ( 5 ) Aerostat-to-shore transmissions are only permitted in the 81-86GHz band. ( 6 ) Aerostat must not operate above an altitude limit of 1000 ft. ( 7 ) Ship-to-ship communications are limited to ships located more than 30 km offshore, or closer only where the main beam of the transmit antenna is oriented at least 15 degrees away from any point on the shore. ( 8 ) Ship stations and aerostat stations must only operate when there is a minimum separation of 150 km to the specific Federal facilities and not within the areas listed in table 3 to paragraph (c)(1) of this section, absent a coordination agreement with the Federal operator. ( 9 ) Shore-to-ship and ship-to-shore transmission must only occur between stations that are located at least 10 km from the Federal military installations listed in table 4 to paragraph (c)(2) of this section, absent a coordination agreement with the Federal operator. ( c ) Protected Federal sites. ( 1 ) RAS and VLBA sites: Table 3 to Paragraph ( c )(1) RAS station name North latitude West longitude Arizona Radio Observatory (ARO) 12-meter 31°57′11.9″ 111°36′53.6″ Green Bank Observatory 38°25′59″ 79°50′23″ Very Large Array (VLA), Socorro, NM 34°04′44″ 107°37′06″ Owens Valley Radio Observatory (OVRO), Big Pine, CA 37°14′02″ 118°16′55″ Haystack Observatory, Westford, MA 42°37′24″ 071°29′18″ National Radio Astronomy Observatory, Very Long Baseline Array Stations: Brewster, WA 48°07′52″ 119°41′00″ Fort Davis, TX 30°38′06″ 103°56′41″ Hancock, NH 42°56′01″ 71°59′12″ Kitt Peak, AZ 31°57′23″ 111°36′45″ Los Alamos, NM 35°46′30″ 106°14′44″ Mauna Kea, HI 19°48′05″ 155°27′20″ North Liberty, IA 41°46′17″ 91°34′27″ Owens Valley, CA 37°13′54″ 118°16′37″ Pie Town, NM 34°18′04″ 108°07′09″ Saint Croix, VI 17°45′24″ 64°35′01″ National Radio Quiet Zone Rectangular area between latitudes 37°30′ N and 39°15′ N, and longitudes 78°30′ W and 80°30′ W. Next-generation Very Large Array (ngVLA) Rectangular area between latitudes 31°22′1.9″ N and 34°23′10″ N, and longitudes 109°1′53.4″ W and 103°4′39″ W. ( 2 ) Military installations: Table 4 to Paragraph ( c )(2) Military installation Latitude Longitude Redstone Arsenal, AL 34°41′42″ N 086°39′04″ W Fort Huachuca, AZ 31°33′18″ N 110°20′59″ W Yuma Proving Ground, AZ 33°01′02″ N 114°15′05″ W Beale AFB, CA 39°06′41″ N 121°21′36″ W Camp Parks Reserve Forces Training Area, CA 34°43′00″ N 121°54′08″ W China Lake Naval Air Weapons Station, CA 35°41′05″ N 117°41′19″ W Edwards AFB, CA 34°54′58″ N 117°56′07″ W Fort Irwin, CA 35°16′22″ N 116°41′05″ W Marine Corps Air Ground Combat Center, CA 34°13′54″ N 116°03′42″ W Buckley AFB, CO 39°42′36″ N 104°45′29″ W Schriever AFB, CO 38°48′12″ N 104°31′32″ W Fort Gordon, GA 33°25′14″ N 082°09′09″ W Naval Satellite Operations Center, GU 13°34′55″ N 144°50′50″ E Naval Computer and Telecomm Area Master Station, Pacific, HI 21°31′16″ N 157°59′57″ W Fort Detrick, MD 39°26′08″ N 077°25′38″ W Nellis AFB, NV 36°14′29″ N 115°03′03″ W Nevada Test Site, NV 38°33′41″ N 116°42′30″ W Tonapah Test Range Airfield, NV 37°47′56″ N 116°46′51″ W Cannon AFB, NM 34°23′23″ N 103°19′06″ W White Sands Missile Range, NM 32°56′38″ N 106°25′11” W Dyess AFB, TX 31°10′10″ N 099°41′01″ W Fort Bliss, TX 31°48′45″ N 106°25′17″ W Fort Sam Houston, TX 29°26′34″ N 098°26′33″ W Goodfellow AFB, TX 31°26′05″ N 100°24′11″ W Kelly AFB, TX 29°22′51″ N 098°34′40″ W Utah Test and Training Range, UT 40°12′00″ N 112°54′00″ W Fort Belvoir, VA 38°43′08″ N 077°09′15″ W Naval Satellite Operations Center, VA 36°34′00″ N 076°14′00″ W [ 89 FR 33262 , Apr. 29, 2024]
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PART 24—PERSONAL COMMUNICATIONS SERVICES Authority: 47 U.S.C. 154 , 301 , 302 , 303 , 309 and 332 . Source: 58 FR 59183 , Nov. 8, 1993, unless otherwise noted. Redesignated at 59 FR 18499 , Apr. 19, 1994. Subpart A—General Information § 24.1 Basis and purpose. This section contains the statutory basis for this part of the rules and provides the purpose for which this part is issued. ( a ) Basis. The rules for the personal communications services (PCS) in this part are promulgated under the provisions of the Communications Act of 1934, as amended, that vests authority in the Federal Communications Commission to regulate radio transmission and to issue licenses for radio stations. ( b ) Purpose. This part states the conditions under which portions of the radio spectrum are made available and licensed for PCS. ( c ) Scope. The rules in this part apply only to stations authorized under this part. Rules in subparts D and E apply only to stations authorized under those subparts. [ 58 FR 59183 , Nov. 8, 1993. Redesignated at 59 FR 18499 , Apr. 19, 1994, and amended at 59 FR 32854 , June 24, 1994] § 24.2 Other applicable rule parts. Other FCC rule parts applicable to licensees in the personal communications services include the following: ( a ) Part 0. This part describes the Commission's organization and delegations of authority. Part 0 of this chapter also lists available Commission publications, standards and procedures for access to Commission records, and location of Commission Field Offices. ( b ) Part 1. This part includes rules of practice and procedure for license applications, adjudicatory proceedings, procedures for reconsideration and review of the Commission's actions; provisions concerning violation notices and forfeiture proceedings; and the environmental requirements that, together with the procedures specified in § 17.4(c) of this chapter , if applicable, must be complied with prior to the initiation of construction. Subpart F includes the rules for the Wireless Telecommunications Services and the procedures for filing electronically via the ULS. ( c ) Part 2. This part contains the Table of Frequency Allocations and special requirements in international regulations, recommendations, agreements, and treaties. This part also contains standards and procedures concerning the marketing and importation of radio frequency devices, and for obtaining equipment authorization. ( d ) Part 5. This part contains rules prescribing the manner in which parts of the radio frequency spectrum may be made available for experimentation. ( e ) Part 15. This part contains rules setting out the regulations under which an intentional, unintentional, or incidental radiator may be operated without an individual license. It also contains the technical specifications, administrative requirements and other conditions relating to the marketing of part 15 devices. Unlicensed PCS devices operate under subpart D of part 15. ( f ) Part 17. This part contains requirements for the construction, marking and lighting of antenna towers, and the environmental notification process that must be completed before filing certain antenna structure registration applications. ( g ) Part 20 of this chapter governs commercial mobile radio services. ( h ) Part 21. This part contains rules concerning multipoint distribution service and multichannel multipoint distribution service. ( i ) Part 68. This part contains technical standards for connection of terminal equipment to the telephone network. ( j ) Part 101. This part contains rules concerning common carrier and private services relating to fixed point-to-point and point-to-multipoint microwave systems. [ 58 FR 59183 , Nov. 8, 1993. Redesignated and amended at 59 FR 18499 , Apr. 19, 1994, as amended at 63 FR 68952 , Dec. 14, 1998; 65 FR 38325 , June 20, 2000; 77 FR 3954 , Jan. 26, 2012] § 24.3 Permissible communications. PCS licensees may provide any mobile communications service on their assigned spectrum. Fixed services may be provided on a co-primary basis with mobile operations. Broadcasting as defined in the Communications Act is prohibited. [ 61 FR 45356 , Aug. 29, 1996] § 24.5 Terms and definitions. Assigned Frequency. The center of the frequency band assigned to a station. Authorized Bandwidth. The maximum width of the band of frequencies permitted to be used by a station. This is normally considered to be the necessary or occupied bandwidth, whichever is greater. Average Terrain. The average elevation of terrain between 3 and 16 kilometers from the antenna site. Base Station. A land station in the land mobile service. Broadband PCS. PCS services operating in the 1850-1890 MHz, 1930-1970 MHz, 2130-2150 MHz, and 2180-2200 MHz bands. Effective Radiated Power (e.r.p.) ( in a given direction ). The product of the power supplied to the antenna and its gain relative to a half-wave dipole in a given direction. Equivalent Isotropically Radiated Power (e.i.r.p.). The product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna. Fixed Service. A radiocommunication service between specified fixed points. Fixed Station. A station in the fixed service. Land Mobile Service. A mobile service between base stations and land mobile stations, or between land mobile stations. Land Mobile Station. A mobile station in the land mobile service capable of surface movement within the geographic limits of a country or continent. Land Station. A station in the mobile service not intended to be used while in motion. Mobile Service. A radiocommunication service between mobile and land stations, or between mobile stations. Mobile Station. A station in the mobile service intended to be used while in motion or during halts at unspecified points. Narrowband PCS. PCS services operating in the 901-902 MHz, 930-931 MHz, and 940-941 MHz bands. National Geodetic Reference System (NGRS): The name given to all geodetic control data contained in the National Geodetic Survey (NGS) data base. (Source: National Geodetic Survey, U.S. Department of Commerce) PCS Relocator. A PCS entity that pays to relocate a fixed microwave link from its existing 2 GHz facility to other media or other fixed channels. Personal Communications Services (PCS). Radio communications that encompass mobile and ancillary fixed communication that provide services to individuals and businesses and can be integrated with a variety of competing networks. Universal Licensing System. The Universal Licensing System (ULS) is the consolidated database, application filing system, and processing system for all Wireless Radio Services. ULS supports electronic filing of all applications and related documents by applicants and licensees in the Wireless Radio Services, and provides public access to licensing information. UTAM. The Unlicensed PCS Ad Hoc Committee for 2 GHz Microwave Transition and Management, which coordinates relocation in the 1910-1930 MHz band. Voluntarily Relocating Microwave Incumbent A microwave incumbent that voluntarily relocates its licensed facilities to other media or fixed channels. [ 58 FR 59183 , Nov. 8, 1993. Redesignated at 59 FR 18499 , Apr. 19, 1994, and amended at 61 FR 29691 , June 12, 1996; 62 FR 12757 , Mar. 18, 1997; 63 FR 68952 , Dec. 14, 1998] § 24.9 Operation of certificated signal boosters. Individuals and non-individuals may operate certificated Consumer Signal Boosters on frequencies regulated under this part provided that such operation complies with all applicable rules under this part and § 20.21 of this chapter . Failure to comply with all applicable rules voids the authority to operate a signal booster. [ 78 FR 21564 , Apr. 11, 2013] Subpart B—Applications and Licenses General Filing Requirements § 24.10 Scope. This subpart contains some of the procedures and requirements for filing applications for licenses in the personal communications services. One also should consult subparts F and G of this part . Other Commission rule parts of importance that may be referred to with respect to licensing and operation of radio services governed under this part include 47 CFR parts 0 , 1 , 2 , 5 , 15 , 17 and 20 . [ 59 FR 32854 , June 24, 1994] § 24.11 Initial authorization. ( a ) An applicant must file a single application for an initial authorization for all markets won and frequency blocks desired. ( b ) Blanket licenses are granted for each market and frequency block. Applications for individual sites are not required and will not be accepted. [ 59 FR 32854 , June 24, 1994, as amended at 63 FR 68952 , Dec. 14, 1998] § 24.12 Eligibility. Any entity, other than those precluded by section 310 of the Communications Act of 1934, as amended, 47 U.S.C. 310 , is eligible to hold a license under this part. [ 70 FR 61059 , Oct. 20, 2005] § 24.15 License period. Licenses for service areas will be granted for ten year terms from the date of original issuance or renewal. Subpart C—Technical Standards § 24.50 Scope. This subpart sets forth the technical requirements for use of the spectrum and equipment in the personal communications services. § 24.51 Equipment authorization. ( a ) Each transmitter utilized for operation under this part and each transmitter marketed, as set forth in § 2.803 of this chapter , must be of a type that has been authorized by the Commission under its certification procedure for use under this part. ( b ) Any manufacturer of radio transmitting equipment to be used in these services may request equipment authorization following the procedures set forth in subpart J of part 2 of this chapter . Equipment authorization for an individual transmitter may be requested by an applicant for a station authorization by following the procedures set forth in part 2 of this chapter . [ 58 FR 59183 , Nov. 8, 1993. Redesignated at 59 FR 18499 , Apr. 19, 1994, as amended at 63 FR 36604 , July 7, 1998; 85 FR 18150 , Apr. 1, 2020] § 24.52 RF exposure. Licensees and manufacturers shall ensure compliance with the Commission's radio frequency exposure requirements in §§ 1.1307(b) , 2.1091 , and 2.1093 of this chapter , as appropriate. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request. [ 85 FR 18150 , Apr. 1, 2020] § 24.53 Calculation of height above average terrain (HAAT). ( a ) HAAT is determined by subtracting average terrain elevation from antenna height above mean sea level. ( b ) Average terrain elevation shall be calculated using elevation data from a 30 arc second or better Digital Elevation Models (DEMs). DEM data is available from United States Geological Survey (USGS). The data file shall be identified. If 30 arc second data is used, the elevation data must be processed for intermediate points using interpolation techniques; otherwise, the nearest point may be used. If DEM data is not available, elevation data from the Defense Mapping Agency's Digital Chart of the World (DCW) may be used. ( c ) Radial average terrain elevation is calculated as the average of the elevation along a straight line path from 3 to 16 kilometers extending radially from the antenna site. At least 50 evenly spaced data points for each radial shall be used in the computation. ( d ) Average terrain elevation is the average of the eight radial average terrain elevations (for the eight cardinal radials). ( e ) The position location of the antenna site shall be determined to an accuracy of no less than ±5 meters in both the horizontal (latitude and longitude) and vertical (ground elevation) dimensions with respect to the National Geodetic Reference System. [ 58 FR 59183 , Nov. 8, 1993; 59 FR 15269 , Mar. 31, 1994] § 24.55 Antenna structures; air navigation safety. Licensees that own their antenna structures must not allow these antenna structures to become a hazard to air navigation. In general, antenna structure owners are responsible for registering antenna structures with the FCC if required by part 17 of this chapter , and for installing and maintaining any required marking and lighting. However, in the event of default of this responsibility by an antenna structure owner, each FCC permittee or licensee authorized to use an affected antenna structure will be held responsible by the FCC for ensuring that the antenna structure continues to meet the requirements of part 17 of this chapter . See § 17.6 of this chapter . ( a ) Marking and lighting. Antenna structures must be marked, lighted and maintained in accordance with part 17 of this chapter and all applicable rules and requirements of the Federal Aviation Administration. ( b ) Maintenance contracts. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) may enter into contracts with other entities to monitor and carry out necessary maintenance of antenna structures. Antenna structure owners (or licensees and permittees, in the event of default by an antenna structure owner) that make such contractual arrangements continue to be responsible for the maintenance of antenna structures in regard to air navigation safety. [ 61 FR 4366 , Feb. 6, 1996] Subpart D—Narrowband PCS § 24.100 Scope. This subpart sets out the regulations governing the licensing and operations of personal communications services authorized in the 901-902, 930-931, and 940-941 MHz bands (900 MHz band). § 24.101 [Reserved] § 24.102 Service areas. Narrowband PCS service areas are nationwide, regional, and Major Trading Areas (MTAs), as defined in this section. MTAs are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39 (MTA Map). Rand McNally organizes the 50 States and the District of Columbia into 47 MTAs. The MTA Map is available on the FCC's website at www.fcc.gov/auctions through the “Maps” submenu. ( a ) The nationwide service area consists of the fifty states, the District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and United States Virgin Islands. ( b ) The regional service areas are defined as follows: ( 1 ) Region 1 (Northeast): The Northeast Region consists of the following MTAs: Boston-Providence, Buffalo-Rochester, New York, Philadelphia, and Pittsburgh. ( 2 ) Region 2 (South): The South Region consists of the following MTAs: Atlanta, Charlotte-Greensboro-Greenville-Raleigh, Jacksonville, Knoxville, Louisville-Lexington-Evansville, Nashville, Miami-Fort Lauderdale, Richmond-Norfolk, Tampa-St. Petersburg-Orlando, and Washington-Baltimore; and, Puerto Rico and United States Virgin Islands. ( 3 ) Region 3 (Midwest): The Midwest Region consists of the following MTAs: Chicago, Cincinnati-Dayton, Cleveland, Columbus, Des Moines-Quad Cities, Detroit, Indianapolis, Milwaukee, Minneapolis-St. Paul, and Omaha. ( 4 ) Region 4 (Central): The Central Region consists of the following MTAs: Birmingham, Dallas-Fort Worth, Denver, El Paso-Albuquerque, Houston, Kansas City, Little Rock, Memphis-Jackson, New Orleans-Baton Rouge, Oklahoma City, San Antonio, St. Louis, Tulsa, and Wichita. ( 5 ) Region 5 (West): The West Region consists of the following MTAs: Honolulu, Los Angeles-San Diego, Phoenix, Portland, Salt Lake City, San Francisco-Oakland-San Jose, Seattle (including Alaska), and Spokane-Billings; and, American Samoa, Guam, and the Northern Mariana Islands. ( c ) The MTA service areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39, with the following exceptions and additions: ( 1 ) Alaska is separated from the Seattle MTA and is licensed separately. ( 2 ) Guam and the Northern Mariana Islands are licensed as a single MTA-like area. ( 3 ) Puerto Rico and the United States Virgin Islands are licensed as a single MTA-like area. ( 4 ) American Samoa is licensed as a single MTA-like area. [ 59 FR 14118 , Mar. 25, 1994, as amended at 59 FR 46199 , Sept. 7, 1994; 65 FR 35852 , June 6, 2000; 85 FR 64407 , Oct. 13, 2020] § 24.103 Construction requirements. ( a ) Nationwide narrowband PCS licensees shall construct base stations that provide coverage to a composite area of 750,000 square kilometers or serve 37.5 percent of the U.S. population within five years of initial license grant date; and, shall construct base stations that provide coverage to a composite area of 1,500,000 square kilometers or serve 75 percent of the U.S. population within ten years of initial license grant date. Licensees may, in the alternative, provide substantial service to the licensed area as provided in paragraph (d) of this section. ( b ) Regional narrowband PCS licensees shall construct base stations that provide coverage to a composite area of 150,000 square kilometers or serve 37.5 percent of the population of the service area within five years of initial license grant date; and, shall construct base stations that provide coverage to a composite area of 300,000 square kilometers or serve 75 percent of the service area population within ten years of initial license grant date. Licensees may, in the alternative, provide substantial service to the licensed area as provided in paragraph (d) of this section. ( c ) MTA narrowband PCS licensees shall construct base stations that provide coverage to a composite area of 75,000 square kilometers or 25 percent of the geographic area, or serve 37.5 percent of the population of the service area within five years of initial license grant date; and, shall construct base stations that provide coverage to a composite area of 150,000 square kilometers or 50 percent of the geographic area, or serve 75 percent of the population of the service area within ten years of initial license grant date. Licensees may, in the alternative, provide substantial service to the licensed area as provided in paragraph (d) of this section. ( d ) As an alternative to the requirements of paragraphs (a) , (b) , and (c) of this section, narrowband PCS licensees may demonstrate that, no later than ten years after the initial grant of their license, they provide substantial service to their licensed area. Licensees choosing this option must notify the FCC by filing FCC Form 601, no later than 15 days after the end of the five year period following the initial grant of their license, that they plan to satisfy the alternative requirement to provide substantial service. “Substantial service” is defined as service that is sound, favorable, and substantially above a level of mediocre service that would barely warrant renewal. ( e ) In demonstrating compliance with the construction requirements set forth in this section, licensees must base their calculations on signal field strengths that ensure reliable service for the technology utilized. Licensees may determine the population of geographic areas included within their service contours using either the 1990 census or the 2000 census, but not both. ( 1 ) For the purpose of this section, the service radius of a base station may be calculated using the following formula: d km = 2.53 × h m 0.34 × p 0.17 where d km is the radial distance in kilometers, h m is the antenna HAAT of the base station in meters, and p is the e.r.p. of the base station in watts. ( 2 ) Alternatively, licensees may use any service radius contour formula developed or generally used by industry, provided that such formula is based on the technical characteristics of their system. ( f ) Upon meeting the five and ten year benchmarks in paragraphs (a) , (b) , and (c) of this section, or upon meeting the substantial service alternative in paragraph (d), licensees shall notify the Commission by filing FCC Form 601 and including a map and other supporting documentation that demonstrate the required geographic area coverage, population coverage, or substantial service to the licensed area. The notification must be filed with the Commission within 15 days of the expiration of the relevant period. ( g ) If the sale of a license is approved, the new licensee is held to the original build-out requirement. ( h ) Failure by a licensee to meet the above construction requirements shall result in forfeiture of the license and ineligibility to regain it. [ 59 FR 14118 , Mar. 25, 1994, as amended at 65 FR 35852 , June 6, 2000] § 24.104 Partitioning and disaggregation. Nationwide, regional, and MTA licensees may apply to partition their authorized geographic service area or disaggregate their authorized spectrum at any time following grant of their geographic area authorizations. ( a ) Application required. Parties seeking approval for partitioning and/or disaggregation shall apply for partial assignment of a license pursuant to § 1.948 of this chapter . ( b ) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 of this chapter and describe the partitioned service area on a schedule to the application. The partitioned service area shall be defined by up to 120 sets of geographic coordinates at points at every 3 degrees azimuth from a point within the partitioned service area along the partitioned service area boundary unless either an FCC-recognized service area is used ( e.g. , MEA or EA) or county lines are followed. The geographical coordinates must be specified in degrees, minutes, and seconds to the nearest second latitude and longitude, and must be based upon the 1983 North American Datum (NAD83). In the case where FCC-recognized service areas or county lines are used, applicants need only list the specific area(s) through use of FCC designations or county names that constitute the partitioned area. ( c ) Disaggregation. Spectrum may be disaggregated in any amount. ( d ) Combined partitioning and disaggregation. Licensees may apply for partial assignment of authorizations that propose combinations of partitioning and disaggregation. ( e ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 1.955 of this chapter . [ 65 FR 35853 , June 6, 2000, as amended at 82 FR 41547 , Sept. 1, 2017] Effective Date Note Effective Date Note: At 65 FR 35853 , June 6, 2000, § 24.104 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 24.129 Frequencies. The following frequencies are available for narrowband PCS: ( a ) Eighteen frequencies are available for assignment on a nationwide basis as follows: ( 1 ) Seven 50 kHz channels paired with 50 kHz channels: Channel 1: 940.00-940.05 and 901.00-901.05 MHz; Channel 2: 940.05-940.10 and 901.05-901.10 MHz; Channel 3: 940.10-940.15 and 901.10-901.15 MHz; Channel 4: 940.15-940.20 and 901.15-901.20 MHz; Channel 5: 940.20-940.25 and 901.20-901.25 MHz; Channel 19: 930.50-930.55 and 901.30-901.35 MHz; and Channel 20: 930.75-930.80 and 901.90-901.95 MHz. ( 2 ) Three 50 kHz channels paired with 12.5 kHz channels: Channel 6: 930.40-930.45 and 901.7500-901.7625 MHz; Channel 7: 930.45-930.50 and 901.7625-901.7750 MHz; and Channel 8: 940.75-940.80 and 901.7750-901.7875 MHz; ( 3 ) Two 50 kHz unpaired channels: Channel 9: RESERVED; Channel 10: 940.80-940.85 MHz; and Channel 11: 940.85-940.90 MHz. ( 4 ) One 100 kHz unpaired channel: Channel 18: 940.65-940.75 MHz. ( 5 ) Two 150 kHz channels paired with 50 kHz channels: Channel 21: 930.00-930.15 and 901.50-901.55 MHz; and Channel 22: 930.15-930.30 and 901.60-901.65 MHz. ( 6 ) Three 100 kHz channels paired with 50 kHz channels: Channel 23: 940.55-940.65 and 901.45-901.50 MHz; Channel 24: 940.30-940.40 and 901.55-901.60 MHz; and Channel 25: 940.45-940.55 and 901.85-901.90 MHz. ( b ) Five frequencies are available for assignment on a regional basis as follows: ( 1 ) One 50 kHz channel paired with 50 kHz channel: Channel 12: 940.25-940.30 and 901.25-901.30 MHz. Channel 13: RESERVED. ( 2 ) Four 50 kHz channels paired with 12.5 kHz channels: Channel 14: 930.55-930.60 and 901.7875-901.8000 MHz; Channel 15: 930.60-930.65 and 901.8000-901.8125 MHz; Channel 16: 930.65-930.70 and 901.8125-901.8250 MHz; and Channel 17: 930.70-930.75 and 901.8250-901.8375 MHz. ( c ) Seven frequencies are available for assignment on an MTA basis as follows: ( 1 ) Three 50 kHz unpaired channels: Channel 26: 901.35-901.40 MHz; Channel 27: 901.40-901.45 MHz; and Channel 28: 940.40-940.45 MHz. ( 2 ) One 50 kHz channel paired with 50 kHz channel: Channel 29: 930.80-930.85 and 901.95-902.00 MHz. ( 3 ) One 100 kHz channel paired with 50 kHz channel: Channel 30: 930.30-930.40 and 901.65-901.70 MHz. ( 4 ) One 150 kHz channel paired with 50 kHz channel: Channel 31: 930.85-931.00 and 901.7-901.75 MHz. ( 5 ) One 100 kHz channel paired with 12.5 kHz channel: Channel 32: 940.90-941 and 901.8375-901.85 MHz. Note to § 24.129 : Operations in markets or portions of markets which border other countries, such as Canada and Mexico, will be subject to on-going coordination arrangements with neighboring countries. [ 66 FR 29920 , June 4, 2001] § 24.130 [Reserved] § 24.131 Authorized bandwidth. The authorized bandwidth of narrowband PCS channels will be 10 kHz for 12.5 kHz channels and 45 kHz for 50 kHz channels. For aggregated adjacent channels, a maximum authorized bandwidth of 5 kHz less than the total aggregated channel width is permitted. § 24.132 Power and antenna height limits. ( a ) Stations transmitting in the 901-902 MHz band are limited to 7 watts e.r.p. ( b ) Mobile stations transmitting in the 930-931 MHz and 940-941 MHz bands are limited to 7 watts e.r.p. ( c ) Base stations transmitting in the 930-931 MHz and 940-941 MHz bands are limited to 3500 watts e.r.p. per authorized channel and are unlimited in antenna height except as provided in paragraph (d) of this section. ( d ) ( 1 ) MTA and regional base stations located between 200 kilometers (124 miles) and 80 kilometers (50 miles) from their licensed service area border are limited to the power levels in the following table: Antenna HAAT in meters (feet) (see § 24.53 for HAAT HAAT calculation method) Effective radiated power (e.r.p.) (watts) 183 (600) and below 3500 183 (600) to 208 (682) 3500 to 2584 208 (682) to 236 (775) 2584 to 1883 236 (775) to 268 (880) 1883 to 1372 268 (880) to 305 (1000) 1372 to 1000 305 (1000) to 346 (1137) 1000 to 729 346 (1137) to 394 (1292) 729 to 531 394 (1292) to 447 (1468) 531 to 387 447 (1468) to 508 (1668) 387 to 282 508 (1668) to 578 (1895) 282 to 206 578 (1895) to 656 (2154) 206 to 150 656 (2154) to 746 (2447) 150 to 109 746 (2447) to 848 (2781) 109 to 80 848 (2781) to 963 (3160) 80 to 58 963 (3160) to 1094 (3590) 58 to 42 1094 (3590) to 1244 (4080) 42 to 31 1244 (4080) to 1413 (4636) 31 to 22 Above 1413 (4636) 16 ( 2 ) For heights between the values listed in the table, linear interpolation shall be used to determine maximum e.r.p. ( e ) MTA and regional base stations located less than 80 kilometers (50 miles) from the licensed service area border must limit their effective radiated power in accordance with the following formula: PW = 0.0175 × dkm* * 6.6666 × x hm* * − 3.1997 PW is effective radiated power in watts dkm is distance in kilometers hm is antenna HAAT in meters; see § 24.53 for HAAT calculation method ( f ) All power levels specified in this section are expressed in terms of the maximum power, averaged over a 100 millisecond interval, when measured with instrumentation calibrated in terms of an rms-equivalent voltage with a resolution bandwidth equal to or greater than the authorized bandwidth. ( g ) Additionally, PCS stations will be subject to any power limits imposed by international agreements. [ 58 FR 59183 , Nov. 8, 1993; 59 FR 15269 , Mar. 31, 1994, as amended at 62 FR 27511 , May 20, 1997; 65 FR 35853 , June 6, 2000] § 24.133 Emission limits. ( a ) The power of any emission shall be attenuated below the transmitter power (P), as measured in accordance with § 24.132(f) , in accordance with the following schedule: ( 1 ) For transmitters authorized a bandwidth greater than 10 kHz: ( i ) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (f d in kHz) of up to and including 40 kHz: at least 116 Log 10 ((f d + 10)/6.1) decibels or 50 plus 10 Log 10 (P) decibels or 70 decibels, whichever is the lesser attenuation; ( ii ) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 40 kHz: at least 43 + 10 Log 10 (P) decibels or 80 decibels, whichever is the lesser attenuation. ( 2 ) For transmitters authorized a bandwidth of 10 kHz: ( i ) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (f d in kHz) of up to and including 20 kHz: at least 116 × Log 10 ((f d + 5)/3.05) decibels or 50 + 10 × Log 10 (P) decibels or 70 decibels, whichever is the lesser attenuation; ( ii ) On any frequency outside the authorized bandwidth and removed from the edge of the authorized bandwidth by a displacement frequency (f d in kHz) of more than 20 kHz: at least 43 + 10 Log 10 (P) decibels or 80 decibels, whichever is the lesser attenuation. ( b ) The measurements of emission power can be expressed in peak or average values provided they are expressed in the same parameters as the transmitter power. ( c ) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section. ( d ) The following minimum spectrum analyzer resolution bandwidth settings will be used: 300 Hz when showing compliance with paragraphs (a)(1)(i) and (a)(2)(i) of this section; and 30 kHz when showing compliance with paragraphs (a)(1)(ii) and (a)(2)(ii) of this section. [ 58 FR 59183 , Nov. 8, 1993. Redesignated at 59 FR 18499 , Apr. 19, 1994, as amended at 59 FR 14119 , Mar. 25, 1994; 66 FR 10968 , Feb. 21, 2001] § 24.134 Co-channel separation criteria. The minimum co-channel separation distance between base stations in different service areas is 113 kilometers (70 miles). A co-channel separation distance is not required for the base stations of the same licensee or when the affected parties have agreed to other co-channel separation distances. § 24.135 Frequency stability. ( a ) The frequency stability of the transmitter shall be maintained within ±0.0001 percent (±1 ppm) of the center frequency over a temperature variation of −30 °Celsius to + 50 °Celsius at normal supply voltage, and over a variation in the primary supply voltage of 85 percent to 115 percent of the rated supply voltage at a temperature of 20 °Celsius. ( b ) For battery operated equipment, the equipment tests shall be performed using a new battery without any further requirement to vary supply voltage. ( c ) It is acceptable for a transmitter to meet this frequency stability requirement over a narrower temperature range provided the transmitter ceases to function before it exceeds these frequency stability limits. Subpart E—Broadband PCS Source: 59 FR 32854 , June 24, 1994, unless otherwise noted. § 24.200 Scope. This subpart sets out the regulations governing the licensing and operations of personal communications services authorized in the 1850-1910 and 1930-1990 MHz bands. § 24.202 Service areas. Broadband PCS service areas are Major Trading Areas (MTAs) and Basic Trading Areas (BTAs) as defined in this section. MTAs and BTAs are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide, 123rd Edition, at pages 38-39 (“BTA/MTA Map”). Rand McNally organizes the 50 states and the District of Columbia into 47 MTAs and 487 BTAs. The BTA/MTA Map is available is available on the FCC's website at www.fcc.gov/auctions through the “Maps” submenu. ( a ) The MTA service areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide , 123rd Edition, at pages 38-39, with the following exceptions and additions: ( 1 ) Alaska is separated from the Seattle MTA and is licensed separately. ( 2 ) Guam and the Northern Mariana Islands are licensed as a single MTA-like area. ( 3 ) Puerto Rico and the United States Virgin Islands are licensed as a single MTA-like area. ( 4 ) American Samoa is licensed as a single MTA-like area. ( b ) The BTA service areas are based on the Rand McNally 1992 Commercial Atlas & Marketing Guide , 123rd Edition, at pages 38-39, with the following additions licensed separately as BTA-like areas: American Samoa; Guam; Northern Mariana Islands; Mayagüez/Aguadilla-Ponce, Puerto Rico; San Juan, Puerto Rico; and the United States Virgin Islands. The Mayagüez/Aguadilla-Ponce BTA-like service area consists of the following municipios: Adjuntas, Aguada, Aguadilla, Añasco, Arroyo, Cabo Rojo, Coamo, Guánica, Guayama, Guayanilla, Hormigueros, Isabela, Jayuya, Juana Díaz, Lajas, Las Marías, Mayagüez, Maricao, Maunabo, Moca, Patillas, Peñuelas, Ponce, Quebradillas, Rincón, Sabana Grande, Salinas, San Germán, Santa Isabel, Villalba, and Yauco. The San Juan BTA-like service area consists of all other municipios in Puerto Rico. [ 59 FR 32854 , June 24, 1994; 59 FR 40835 , Aug. 10, 1994; 63 FR 68952 , Dec. 14, 1998; 65 FR 53636 , Sept. 5, 2000; 85 FR 64407 , Oct. 13, 2020] § 24.203 Construction requirements. ( a ) Licensees of 30 MHz blocks must serve with a signal level sufficient to provide adequate service to at least one-third of the population in their licensed area within five years of being licensed and two-thirds of the population in their licensed area within ten years of being licensed. Licensees may, in the alternative, provide substantial service to their licensed area within the appropriate five- and ten-year benchmarks. Licensees may choose to define population using the 1990 census or the 2000 census. Failure by any licensee to meet these requirements will result in forfeiture or non-renewal of the license and the licensee will be ineligible to regain it. ( b ) Licensees of 10 MHz blocks except for the 1910-1915 MHz and 1990-1995 MHz, including 10 MHz C block licenses reconfigured pursuant to Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97-82, Sixth Report and Order, FCC 00-313, and 15 MHz blocks resulting from the disaggregation option as provided in the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, Second Report and Order and Further Notice of Proposed Rule Making, WT Docket 97-82, 12 FCC Rcd 16436 (1997), as modified by Order on Reconsideration of the Second Report and Order, WT Docket 97-82, 13 FCC Rcd 8345 (1998), must serve with a signal level sufficient to provide adequate service to at least one-quarter of the population in their licensed area within five years of being licensed, or make a showing of substantial service in their licensed area within five years of being licensed. Population is defined as the 1990 population census. Licensees may elect to use the 2000 population census to determine the five-year construction requirement. Failure by any licensee to meet these requirements will result in forfeiture of the license and the licensee will be ineligible to regain it. ( c ) Licensees must file maps and other supporting documents showing compliance with the respective construction requirements within the appropriate five- and ten-year benchmarks of the date of their initial licenses. ( d ) Licensees in the paired 1910-1915 MHz and 1990-1995 MHz bands must make a showing of “substantial service” in their license area within ten years of the date of initial license issuance or renewal. “Substantial service” is defined as service which is sound, favorable, and substantially above a level of mediocre service which just might minimally warrant renewal. Failure by any licensee to meet this requirement will result in forfeiture of the license and the licensee will be ineligible to regain it. [ 58 FR 59183 , Nov. 8, 1993, as amended at 64 FR 26890 , May 18, 1999; 65 FR 53636 , Sept. 5, 2000; 69 FR 67835 , Nov. 22, 2004; 69 FR 75171 , Dec. 15, 2004] § 24.229 Frequencies. The frequencies available in the Broadband PCS service are listed in this section in accordance with the frequency allocations table of § 2.106 of this chapter . ( a ) The following frequency blocks are available for assignment on an MTA basis: Block A: 1850-1865 MHz paired with 1930-1945 MHz; and Block B: 1870-1885 MHz paired with 1950-1965 MHz. ( b ) The following frequency blocks are available for assignment on a BTA basis: Block C: 1895-1910 MHz paired with 1975-1990 MHz; Pursuant to Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, WT Docket No. 97-82, Sixth Report and Order , FCC 00-313, all 30 MHz Block C licenses available for auction in Auction No. 35 or any subsequent auction will be reconfigured into three 10 MHz C block licenses as follows: 1895-1900 MHz paired with 1975-1980 MHz, 1900-1905 MHz paired with 1980-1985 MHz, 1905-1910 MHz paired with 1985-1990 MHz; Block D: 1865-1870 MHz paired with 1945-1950 MHz; Block E: 1885-1890 MHz paired with 1965-1970 MHz; Block F: 1890-1895 MHz paired with 1970-1975 MHz; ( c ) The paired frequency blocks 1910-1915 MHz and 1990-1995 MHz are available for assignment in the 175 Economic Areas defined in § 90.7 of this chapter . The 1910-1915 MHz block shall be used for mobile/portable station transmissions while the 1990-1995 MHz block shall be used for base station transmissions. [ 59 FR 32854 , June 24, 1994, as amended at 60 FR 13917 , Mar. 15, 1995; 60 FR 26375 , May 17, 1995; 61 FR 33868 , July 1, 1996; 62 FR 660 , Jan. 6, 1997; 65 FR 53637 , Sept. 5, 2000; 69 FR 67836 , Nov. 22, 2004] § 24.232 Power and antenna height limits. ( a ) ( 1 ) Base stations with an emission bandwidth of 1 MHz or less are limited to 1640 watts equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT, except as described in paragraph (b) below. ( 2 ) Base stations with an emission bandwidth greater than 1 MHz are limited to 1640 watts/MHz equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT, except as described in paragraph (b) below. ( 3 ) Base station antenna heights may exceed 300 meters HAAT with a corresponding reduction in power; see Tables 1 and 2 of this section. ( 4 ) The service area boundary limit and microwave protection criteria specified in §§ 24.236 and 24.237 apply. Table 1—Reduced Power for Base Station Antenna Heights Over 300 Meters, With Emission Bandwidth of 1 MHz or Less HAAT in meters Maximum EIRP watts ≤300 1640 ≤500 1070 ≤1000 490 ≤1500 270 ≤2000 160 Table 2—Reduced Power for Base Station Antenna Heights Over 300 Meters, With Emission Bandwidth Greater Than 1 MHz HAAT in meters Maximum EIRP watts/MHz ≤300 1640 ≤500 1070 ≤1000 490 ≤1500 270 ≤2000 160 ( b ) ( 1 ) Base stations that are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census, with an emission bandwidth of 1 MHz or less are limited to 3280 watts equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT. ( 2 ) Base stations that are located in counties with population densities of 100 persons or fewer per square mile, based upon the most recently available population statistics from the Bureau of the Census, with an emission bandwidth greater than 1 MHz are limited to 3280 watts/MHz equivalent isotropically radiated power (EIRP) with an antenna height up to 300 meters HAAT. ( 3 ) Base station antenna heights may exceed 300 meters HAAT with a corresponding reduction in power; see Tables 3 and 4 of this section. ( 4 ) The service area boundary limit and microwave protection criteria specified in §§ 24.236 and 24.237 apply. ( 5 ) Operation under this paragraph (b) at power limits greater than permitted under paragraph (a) of this section must be coordinated in advance with all broadband PCS licensees authorized to operate on adjacent frequency blocks within 120 kilometers (75 miles) of the base station and is limited to base stations located more than 120 kilometers (75 miles) from the Canadian border and more than 75 kilometers (45 miles) from the Mexican border. Table 3—Reduced Power for Base Station Antenna Heights Over 300 Meters, With Emission Bandwidth of 1 MHz or Less HAAT in meters Maximum EIRP watts ≤300 3280 ≤500 2140 ≤1000 980 ≤1500 540 ≤2000 320 Table 4—Reduced Power for Base Station Antenna Heights Over 300 Meters, With Emission Bandwidth Greater Than 1 MHz HAAT in meters Maximum EIRP watts/MHz ≤300 3280 ≤500 2140 ≤1000 980 ≤1500 540 ≤2000 320 ( c ) Mobile and portable stations are limited to 2 watts EIRP and the equipment must employ a means for limiting power to the minimum necessary for successful communications. ( d ) Power measurements for transmissions by stations authorized under this section may be made either in accordance with a Commission-approved average power technique or in compliance with paragraph (e) of this section. In both instances, equipment employed must be authorized in accordance with the provisions of § 24.51 . In measuring transmissions in this band using an average power technique, the peak-to-average ratio (PAR) of the transmission may not exceed 13 dB. ( e ) Peak transmit power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc. , so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. Note to § 24.232 : Height above average terrain (HAAT) is to be calculated using the method set forth in § 24.53 of this part . [ 73 FR 24183 , May 2, 2008] § 24.235 Frequency stability. The frequency stability shall be sufficient to ensure that the fundamental emission stays within the authorized frequency block. § 24.236 Field strength limits. The predicted or measured median field strength at any location on the border of the PCS service area shall not exceed 47 dBuV/m unless the parties agree to a higher field strength. § 24.237 Interference protection. ( a ) All licensees are required to coordinate their frequency usage with the co-channel or adjacent channel incumbent fixed microwave licensees in the 1850-1990 MHz band. Coordination must occur before initiating operations from any base station. Problems that arise during the coordination process are to be resolved by the parties to the coordination. Licensees are required to coordinate with all users possibly affected, as determined by appendix I to this subpart E (Appendix E of the Memorandum Opinion and Order, GEN Docket No. 90-314, FCC 94-144; TIA Telecommunications Systems Bulletin 10-F, “Interference Criteria for Microwave Systems,” May 1994, (TSB10-F)); or an alternative method agreed to by the parties. ( b ) The results of the coordination process need to be reported to the Commission only if the parties fail to agree. Because broadband PCS licensees are required to protect fixed microwave licensees in the 1850-1990 MHz band, the Commission will be involved in the coordination process only upon complaint of interference from a fixed microwave licensee. In such a case, the Commission will resolve the issues. ( c ) In all other respects, coordination procedures are to follow the requirements of § 101.103(d) of this chapter to the extent that these requirements are not inconsistent with those specified in this part. ( d ) The licensee must perform an engineering analysis to assure that the proposed facilities will not cause interference to existing OFS stations within the coordination distance specified in Table 3 of a magnitude greater than that specified in the criteria set forth in paragraphs (e) and (f) of this section, unless there is prior agreement with the affected OFS licensee. Interference calculations shall be based on the sum of the power received at the terminals of each microwave receiver from all of the applicant's current and proposed PCS operations. Table 3—Coordination Distances in Kilometers PCS Base Station Antenna HAAT in Meters EIRP(W) 5 10 20 50 100 150 200 250 300 500 1000 1500 2000 0.1 90 93 99 110 122 131 139 146 152 173 210 239 263 0.5 96 100 105 116 128 137 145 152 158 179 216 245 269 1 99 103 108 119 131 140 148 155 161 182 219 248 272 2 120 122 126 133 142 148 154 159 164 184 222 250 274 5 154 157 161 168 177 183 189 194 198 213 241 263 282 10 180 183 187 194 203 210 215 220 225 240 268 291 310 20 206 209 213 221 229 236 242 247 251 267 296 318 337 50 241 244 248 255 264 271 277 282 287 302 331 354 374 100 267 270 274 282 291 297 303 308 313 329 358 382 401 200 293 296 300 308 317 324 330 335 340 356 386 409 436 500 328 331 335 343 352 359 365 370 375 391 421 440 1000 354 357 361 369 378 385 391 397 402 418 1200 361 364 368 376 385 392 398 404 409 425 1640 372 375 379 388 397 404 410 416 421 437 2400 384 387 391 399 408 415 423 427 431 3280 396 399 403 412 419 427 435 439 446 ( e ) For microwave paths of 25 kilometers or less, interference determinations shall be based on the C/I criteria set forth in TIA Telecommunications Systems Bulletin 10-F, “Interference Criteria for Microwave Systems,” May 1994 (TSB10-F). ( f ) For microwave paths longer than 25 kilometers, the interference protection criterion shall be such that the interfering signal will not produce more than 1.0 dB degradation of the practical threshold of the microwave receiver for analog system, or such that the interfering signal will not cause an increase in the bit error rate (BER) from 10E-6 to 10E-5 for digital systems. ( g ) The development of the C/I ratios and interference criteria specified in paragraphs (e) and (f) of this section and the methods employed to compute the interfering power at the microwave receivers shall follow generally acceptable good engineering practices. The procedures described for computing interfering signal levels in (appendix I to this subpart E Appendix E of the Memorandum Opinion and Order, GEN Docket No. 90-314, FCC 94-144) shall be applied. Alternatively, procedures for determining interfering signal levels and other criteria as may be developed by the Electronics Industries Association (EIA), the Institute of Electrical and Electronics Engineers, Inc. (IEEE), the American National Standards Institute (ANSI) or any other recognized authority will be acceptable to the Commission. [ 59 FR 32854 , June 24, 1994, as amended at 61 FR 29691 , June 21, 1996; 69 FR 75171 , Dec. 15, 2004] § 24.238 Emission limitations for Broadband PCS equipment. The rules in this section govern the spectral characteristics of emissions in the Broadband Personal Communications Service. ( a ) Out of band emissions. The power of any emission outside of the authorized operating frequency ranges must be attenuated below the transmitting power (P) by a factor of at least 43 + 10 log(P) dB. ( b ) Measurement procedure. Compliance with these rules is based on the use of measurement instrumentation employing a resolution bandwidth of 1 MHz or greater. However, in the 1 MHz bands immediately outside and adjacent to the frequency block a resolution bandwidth of at least one percent of the emission bandwidth of the fundamental emission of the transmitter may be employed. A narrower resolution bandwidth is permitted in all cases to improve measurement accuracy provided the measured power is integrated over the full required measurement bandwidth ( i.e. 1 MHz or 1 percent of emission bandwidth, as specified). The emission bandwidth is defined as the width of the signal between two points, one below the carrier center frequency and one above the carrier center frequency, outside of which all emissions are attenuated at least 26 dB below the transmitter power. ( c ) Alternative out of band emission limit. Licensees in this service may establish an alternative out of band emission limit to be used at specified band edge(s) in specified geographical areas, in lieu of that set forth in this section, pursuant to a private contractual arrangement of all affected licensees and applicants. In this event, each party to such contract shall maintain a copy of the contract in their station files and disclose it to prospective assignees or transferees and, upon request, to the FCC. ( d ) Interference caused by out of band emissions. If any emission from a transmitter operating in this service results in interference to users of another radio service, the FCC may require a greater attenuation of that emission than specified in this section. [ 67 FR 77192 , Dec. 17, 2002] Policies Governing Microwave Relocation From the 1850-1990 MHz Band § 24.239 Cost-sharing requirements for broadband PCS. Frequencies in the 1850-1990 MHz band listed in § 101.147(c) of this chapter have been allocated for use by PCS. In accordance with procedures specified in §§ 101.69 through 101.81 of this chapter , PCS entities (both licensed and unlicensed) are required to relocate the existing Fixed Microwave Services (FMS) licensees in these bands if interference to the existing FMS operations would occur. All PCS entities who benefit from spectrum clearance by other PCS entities or a voluntarily relocating microwave incumbent, must contribute to such relocation costs. PCS entities may satisfy this requirement by entering into private cost-sharing agreements or agreeing to terms other than those specified in § 24.243 . However, PCS entities are required to reimburse other PCS entities or voluntarily relocating microwave incumbents that incur relocation costs and are not parties to the alternative agreement. In addition, parties to a private cost-sharing agreement may seek reimbursement through the clearinghouse (as discussed in § 24.241 ) from PCS entities that are not parties to the agreement. The cost-sharing plan is in effect during all phases of microwave relocation specified in § 101.69 of this chapter . If a licensee in the Broadband PCS Service enters into a spectrum leasing arrangement (as set forth in part 1, subpart X of this chapter ) and the spectrum lessee triggers a cost-sharing obligation, the licensee is the PCS entity responsible for satisfying the cost-sharing obligations under §§ 24.239 through 24.253 . [ 62 FR 12757 , Mar. 18, 1997, as amended at 69 FR 77559 , Dec. 27, 2004] § 24.241 Administration of the Cost-Sharing Plan. The Wireless Telecommunications Bureau, under delegated authority, will select an entity to operate as a neutral, not-for-profit clearinghouse. This clearinghouse will administer the cost-sharing plan by, inter alia , maintaining all of the cost and payment records related to the relocation of each link and determining the cost-sharing obligation of subsequent PCS entities. The cost-sharing rules will not take effect until an administrator is selected. [ 61 FR 29691 , June 12, 1996] § 24.243 The cost-sharing formula. A PCS relocator who relocates an interfering microwave link, i.e. one that is in all or part of its market area and in all or part of its frequency band or a voluntarily relocating microwave incumbent, is entitled to pro rata reimbursement based on the following formula: ( a ) RN equals the amount of reimbursement. ( b ) C equals the actual cost of relocating the link. Actual relocation costs include, but are not limited to, such items as: Radio terminal equipment (TX and/or RX—antenna, necessary feed lines, MUX/Modems); towers and/or modifications; back-up power equipment; monitoring or control equipment; engineering costs (design/path survey); installation; systems testing; FCC filing costs; site acquisition and civil works; zoning costs; training; disposal of old equipment; test equipment (vendor required); spare equipment; project management; prior coordination notification under § 101.103(d) of this chapter ; site lease renegotiation; required antenna upgrades for interference control; power plant upgrade (if required); electrical grounding systems; Heating Ventilation and Air Conditioning (HVAC) (if required); alternate transport equipment; and leased facilities. C also includes voluntarily relocating microwave incumbent's independent third party appraisal of its compensable relocation costs and incumbent transaction expenses that are directly attributable to the relocation, subject to a cap of two percent of the “hard” costs involved. C may not exceed $250,000 per link, with an additional $150,000 permitted if a new or modified tower is required. ( c ) N equals the number of PCS entities that would have interfered with the link. For the PCS relocator, N = 1. For the next PCS entity that would have interfered with the link, N = 2, and so on. In the case of a voluntarily relocating microwave incumbent, N = 1 for the first PCS entity that would have interfered with the link. For the next PCS entity that would have interfered with the link, N = 2, and so on. ( d ) Tm equals the number of months that have elapsed between the month the PCS relocator or voluntarily relocating microwave incumbent obtains reimbursement rights for the link and the month that the clearinghouse notifies a later-entrant of its reimbursement obligation for the link. A PCS relocator obtains reimbursement rights for the link on the date that it signs a relocation agreement with a microwave incumbent. A voluntarily relocating microwave incumbent obtains reimbursement rights for the link on the date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of the link, pursuant to § 101.305 of the Commission's rules. [ 62 FR 12757 , Mar. 18, 1997, as amended at 65 FR 46113 , July 27, 2000] § 24.245 Reimbursement under the Cost-Sharing Plan. ( a ) Registration of reimbursement rights. ( 1 ) To obtain reimbursement, a PCS relocator must submit documentation of the relocation agreement to the clearinghouse within ten business days of the date a relocation agreement is signed with an incumbent. ( 2 ) To obtain reimbursement, a voluntarily relocating microwave incumbent must submit documentation of the relocation of the link to the clearinghouse within ten business days of the date that the incumbent notifies the Commission that it intends to discontinue, or has discontinued, the use of the link, pursuant to § 101.305 of the Commission's rules. ( b ) Documentation of expenses. Once relocation occurs, the PCS relocator or the voluntarily relocating microwave incumbent, must submit documentation itemizing the amount spent for items listed in § 24.243(b) . The voluntarily relocating microwave incumbent, must also submit an independent third party appraisal of its compensable relocation costs. The appraisal should be based on the actual cost of replacing the incumbent's system with comparable facilities and should exclude the cost of any equipment upgrades or items outside the scope of § 24.243(b) . The PCS relocator or the voluntarily relocating microwave incumbent, must identify the particular link associated with appropriate expenses ( i.e. , costs may not be averaged over numerous links). If a PCS relocator pays a microwave incumbent a monetary sum to relocate its own facilities, the PCS relocator must estimate the costs associated with relocating the incumbent by itemizing the anticipated cost for items listed in § 24.243(b) . If the sum paid to the incumbent cannot be accounted for, the remaining amount is not eligible for reimbursement. A PCS relocator may submit receipts or other documentation to the clearinghouse for all relocation expenses incurred since April 5, 1995. ( c ) Full reimbursement. A PCS relocator who relocates a microwave link that is either fully outside its market area or its licensed frequency band may seek full reimbursement through the clearinghouse of compensable costs, up to the reimbursement cap as defined in § 24.243(b) . Such reimbursement will not be subject to depreciation under the cost-sharing formula. [ 61 FR 29692 , June 12, 1996, as amended at 62 FR 12757 , Mar. 18, 1997; 65 FR 46113 , July 27, 2000] § 24.247 Triggering a reimbursement obligation. ( a ) Licensed PCS. The clearinghouse will apply the following test to determine if a PCS entity preparing to initiate operations must pay a PCS relocator or a voluntarily relocating microwave incumbent in accordance with the formula detailed in § 24.243 : ( 1 ) All or part of the relocated microwave link was initially co-channel with the licensed PCS band(s) of the subsequent PCS entity; ( 2 ) A PCS relocator has paid the relocation costs of the microwave incumbent; and ( 3 ) The subsequent PCS entity is preparing to turn on a fixed base station at commercial power and the fixed base station is located within a rectangle (Proximity Threshold) described as follows: ( i ) The length of the rectangle shall be x where x is a line extending through both nodes of the microwave link to a distance of 48 kilometers (30 miles) beyond each node. The width of the rectangle shall be y where y is a line perpendicular to x and extending for a distance of 24 kilometers (15 miles) on both sides of x. Thus, the rectangle is represented as follows: ( ii ) If the application of the Proximity Threshold test indicates that a reimbursement obligation exists, the clearinghouse will calculate the reimbursement amount in accordance with the cost-sharing formula and notify the subsequent PCS entity of the total amount of its reimbursement obligation. ( b ) Unlicensed PCS. UTAM's reimbursement obligation is triggered either: ( 1 ) When a county is cleared of microwave links in the unlicensed allocation, and UTAM invokes a Zone 1 power cap as a result of third party relocation activities; or ( 2 ) A county is cleared of microwave links in the unlicensed allocation and UTAM reclassifies a Zone 2 county to Zone 1 status. ( c ) Any new entrants granted licenses for the 1910-1915 MHz band must reimburse UTAM a pro rata share of its total expenses incurred by UTAM as of the date that the new entrants gain access to the band. The percent required by new entrants to pay shall be calculated based upon the amount of spectrum granted to the new entrant as compared to the total amount of spectrum UTAM is responsible for clearing of incumbents (20 megahertz), and must be paid before a new entrant begins operations in the band. For example, if a new entrant obtains a license for 5 megahertz of spectrum in this band, it is required to reimburse UTAM one-quarter of UTAM's total costs to date on a pro rata shared basis. New entrants will be responsible for the actual costs associated with future relocation activities in their licensed spectrum, but will be entitled to seek reimbursement from UTAM for the proportion of those band clearing costs that benefit users of the 1915-1930 MHz band. [ 61 FR 29692 , June 12, 1996, as amended at 62 FR 12757 , Mar. 18, 1997; 69 FR 67836 , Nov. 22, 2004] § 24.249 Payment issues. ( a ) Timing. On the day that a PCS entity files its prior coordination notice (PCN) in accordance with § 101.103(d) of this chapter , it must file a copy of the PCN with the clearinghouse. The clearinghouse will determine if any reimbursement obligation exists and notify the PCS entity in writing of its repayment obligation, if any. When the PCS entity receives a written copy of such obligation, it must pay directly to the PCS relocator or the voluntarily relocating microwave incumbent the amount owed within thirty days, with the exception of those businesses that qualify for installment payments. A business that qualifies for an installment payment plan must make its first installment payment within thirty days of notice from the clearinghouse. UTAM's first payment will be due thirty days after its reimbursement obligation is triggered, as described in § 24.247(b) . ( b ) Eligibility for Installment Payments. PCS licensees that are allowed to pay for their licenses in installments under our designated entity rules will have identical payment options available to them with respect to payments under the cost-sharing plan. The specific terms of the installment payment mechanism, including the treatment of principal and interest, are the same as those applicable to the licensee's installment auction payments. If, for any reason, the entity eligible for installment payments is no longer eligible for such installment payments on its license, that entity is no longer eligible for installment payments under the cost-sharing plan. UTAM may make quarterly payments over a five-year period with an interest rate of prime plus 2.5 percent. UTAM may also negotiate separate repayment arrangements with other parties. [ 61 FR 29693 , June 12, 1996, as amended at 62 FR 12757 , Mar. 18, 1997] § 24.251 Dispute resolution under the Cost-Sharing Plan. Disputes arising out of the cost-sharing plan, such as disputes over the amount of reimbursement required, must be brought, in the first instance, to the clearinghouse for resolution. To the extent that disputes cannot be resolved by the clearinghouse, parties are encouraged to use expedited ADR procedures, such as binding arbitration, mediation, or other ADR techniques. [ 61 FR 29693 , June 12, 1996] § 24.253 Termination of cost-sharing obligations. The cost-sharing plan will sunset for all PCS entities on April 4, 2005, which is ten years after the date that voluntary negotiations commenced for A and B block PCS entities. Those PCS entities that are paying their portion of relocation costs on an installment basis must continue the payments until the obligation is satisfied. [ 61 FR 29693 , June 12, 1996] Appendix I to Subpart E of Part 24—A Procedure for Calculating PCS Signal Levels at Microwave Receivers (Appendix E of the Memorandum Opinion and Order) The new Rules adopted in Part 24 stipulate that estimates of interference to fixed microwave operations from a PCS operation will be based on the sum of signals received at a microwave receiver from the PCS operation. This appendix describes a procedure for computing this PCS level. In general, the procedure involves four steps: 1 . Determine the geographical coordinates of all microwave receivers operating on co-channel and adjacent frequencies within the coordination distance of each base station and the characteristics of each receiver, i.e., adjacent channel susceptibility, antenna gain, pattern and height, and line and other losses. 2 . Determine an equivalent isotropically radiated power (e.i.r.p.) for each base station and equivalent e.i.r.p. values for the mobiles and portables associated with each base station. Determine the values of pertinent correction and weighting factors based on building heights and density and distribution of portables. Close-in situations, prominent hills, and extra tall buildings require special treatment. 3 . Based on PCS e.i.r.p. values, correction and weighting factors, and microwave receiving system characteristics determined above, calculate the total interference power at the input of each microwave receiver, using the Longley-Rice propagation model. 4 . Based on the interference power level computed in step 3, determine interference to each microwave receiver using criteria described in Part 24 and EIA/TIA Bulletin 10-F. The interference from each base station and the mobiles and portables associated with it is calculated as follows: P rbi = 10Log (p tbi )−L bi −UC i + G mwi −C i −BP i P rmi = 10Log (n mi × p tmi )−L mi −UC i + G mwi −C i P rpsi = 10Log (n psi × p tpsi )−L psi −UC i + G mwi −C i P rpbi = 10Log (n pbi × p tpbi )−L pbi −UC i −(BP i −BH i ) + G mwi −C i P rpri = 10Log (n pri × p tpri )−L pri −(UC i −BH i ) + G mwi −C i where: P refers to Power in dBm p refers to power in milliwatts P rbi = Power at MW receiver from ith base station in dBm p tbi = e.i.r.p. transmitted from ith base station in milliwatts, which equals average power per channel × number of channels × antenna gain with respect to an isotropic antenna − line loss L bi = Path loss between MW and base station site in dB UC i = Urban correction factor in dB G mwi = Gain of MW antenna in pertinent direction (dBi) C i = Channel discrimination of MW system in dB P rmi = Power at MW receiver from mobiles associated with ith base station p tmi = e.i.r.p. transmitted from mobiles associated with ith base station n mi = Number of mobiles associated with ith base station L mi = Path loss between MW and mobile transmitters in dB P rpsi = Power at MW receiver from outdoor portables (s for sidewalk) p tpsi = e.i.r.p. transmitted from outdoor portables associated with ith base station n psi = Number of outdoor portables associated with ith base station L psi = Path loss between MW and outdoor portables in dB P rpbi = Power at MW receiver from indoor portables (b for building) p tpbi = e.i.r.p. transmitted from indoor portables associated with ith base station n pbi = number of indoor portables associated with ith base station L pbi = Path loss in dB between MW and base station site (using average building height divided by 2 as effective antenna height) P rpri = Power at MW receiver from rooftop portables (r for rooftop) p tpri = e.i.r.p. transmitted from rooftop portables associated with ith base station n pri = Number of rooftop portables associated with ith base station L pri = Path loss in dB between MW and base station site (using average building height as effective antenna height) BP i = Building penetration loss at street level in dB BH i = Height gain for portables in buildings dB = 2.5 × (nf-1), where nf is number of floors Note: Where C i varies from channel-to-channel, which often is the case, the summation process is more complex, requiring summation at a channel level first. Finally, the total PCS interference power at a given microwave receiver from all the base stations in a given frequency band is found by summing the contributions from the individual stations. Likewise, the total interference power at a given microwave receiver from all mobiles and portables operating in a given frequency band is found by summing the contributions from the mobiles and portables associated with each cell. Base Stations. Interference from each base station to each microwave should normally be considered independently. A group of base stations having more or less (within ±50 percent) the same height above average terrain, the same e.i.r.p., basically the same path to a microwave receiving site, and subtending an angle to that receiving site of less than 5 degrees, may be treated as a group, using the total power of the group and the average antenna height of the group to calculate path loss, L. Mobile Stations. The e.i.r.p. from mobile transmitters is weighted according to the number of base station channels expected to be devoted to mobile operation at any given time. The antenna height of mobiles used in calculating path loss, L, is assumed to be 2 meters. Portable Stations. The e.i.r.p. from the portable units associated with each base station is weighted according to the estimated portion of portables associated with that cell expected to be operated inside buildings at any given time and the portion which could be expected to be operating from elevated locations, such as balconies or building rooftops. For example, in the case of service intended for business use in an urban area, one might expect that perhaps 85 percent of the portables in use at any given time would be operating from within buildings and perhaps 5 percent might be operating from rooftops or balconies. The remaining 10 percent would be outside at street level. Calculation of an equivalent e.i.r.p. for cells in suburban areas will involve different weighting criteria. Urban Correction Factor. The urban correction factor (UC) depends on the height and density of buildings surrounding a base station. For the core area of large cities, it is assumed to be 35 dB. For medium size cities and fringe areas of large cities (4- to 6-story buildings with scattered taller buildings and lower buildings and open spaces) it is assumed to be 25 dB; for small cities and towns, 15 dB, and for suburban residential areas (one- and two-story, single family houses with scattered multiple-story apartment buildings, shopping centers and open areas), 10 dB. The unadjusted urban correction factor, UC, should not be applied to base station antenna heights that are greater than 50 percent of the average building height for a cell. Building Height and Building Penetration Factors. The building height correction, BH, is a function of the average building height within the nominal coverage area of the base station. It is used in conjunction with the building penetration loss, BP, to adjust the expected interference contribution from that portion of the portables transmitting from within buildings. The adjustment is given by: BP = 20 dB in urban areas BP = 10 dB in suburban areas BH = 2.5 × (nf-1) dB where nf is the average height (number of floors) of the buildings in the area. (Note that this formula implies a net gain when the average building height is greater than 8 floors). All buildings more than twice the average height should be considered individually. The contribution to BH from that portion of portables in the building above the average building height should be increased by a factor of 20Log(h) dB, where h is the height of the portables above the average building height in meters. Channel Discrimination Factor. A factor based on the interference selectivity of the microwave receiver. Propagation Model. The PCS to microwave path loss, L, is calculated using the Longley-Rice propagation model, Version 1.2.2., in the point-to-point mode. The Longley-Rice [1] model was derived from NBS Technical Note 101 [2], and updated in 1982 by Hufford [3]. Version 1.2.2 incorporated modifications described in a letter by Hufford [4] in 1985. Terrain elevations used as input to the model should be from the U.S. Geological Survey 3-second digitized terrain database. Special Situations. If a cell size is large compared to the distance between the cell and a microwave receiving site so that it subtends an angle greater than 5 degrees, the cell should be subdivided and calculations should be based on the expected distribution of mobiles and portables within each subdivision. If terrain elevations within a cell differ by more than a factor of two-to-one, the cell should be subdivided and microwave interference calculations should be based on the average terrain elevation for each subdivision. If a co-channel PCS base station lies within the main beam of a microwave antenna (±5 degrees), there is no intervening terrain obstructions, and the power at the microwave receiver from that base station, assuming free space propagation, would be 3 dB or less below the interference threshold, interference will be assumed to exist unless the PCS licensee can demonstrate otherwise by specific path loss calculations based on terrain and building losses. If any part of a cell or cell subdivision lies within the main beam of a co-channel microwave antenna, there is no intervening terrain obstructions, and the accumulative power of 5 percent or less of the mobiles, assuming free space propagation would be 3 dB or less below the interference threshold, interference will be assumed to exist unless the PCS licensee can demonstrate otherwise by specific path loss calculations based on terrain and building losses. If a building within a cell or cell subdivision lies within the main beam of a co-channel microwave antenna, there is no intervening terrain obstructions, and the cumulative power of 5 percent or fewer of the portables, assuming free space propagation, would be 3 dB or less below the interference threshold, interference will be assumed to exist unless the PCS licensee can demonstrate otherwise by specific path loss calculations based on terrain and building losses. References: 1 . Longley, A.G. and Rice, P.L., “Prediction of Tropospheric Radio Transmission Loss Over Irregular Terrain, A Computer Method-1968”, ESSA Technical Report ERL 79-ITS 67, Institute for Telecommunications Sciences, July 1968. 2 . Rice, P.L. Longley, A.G., Norton, K.A., Barsis, A.P., “Transmission Loss Predictions for Tropospheric Communications Circuits,” NBS Technical Note 101 (Revised), Volumes I and II, U.S. Department of Commerce, 1967. 3 . Hufford, G.A., Longley, A.G. and Kissick, W.A., “A Guide to the use of the ITS Irregular Terrain Model in the Area Prediction Mode”, NTIA Report 82-100, U.S. Department of Commerce, April 1982. Also, Circular letter, dated January 30, 1985, from G.A. Hufford, identifying modifications to the computer program. 4 . Hufford, G.A., Memorandum to Users of the ITS Irregular Terrain Model, Institute for Telecommunications Sciences, U.S. Department of Commerce, January 30, 1985. Subpart F—Competitive Bidding Procedures for Narrowband PCS Source: 59 FR 26747 , May 24, 1994, unless otherwise noted. § 24.301 Narrowband PCS subject to competitive bidding. Mutually exclusive initial applications for narrowband PCS service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 45367 , July 9, 2002] §§ 24.302-24.309 [Reserved] § 24.320 [Reserved] § 24.321 Designated entities. ( a ) Eligibility for small business provisions. ( 1 ) A small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $ 40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its controlling interests and affiliates, has average gross revenues not exceeding $ 15 million for the preceding three years. ( b ) Bidding credits. After August 7, 2000, a winning bidder that qualifies as a small business, as defined in this section, or a consortium of small businesses may use the bidding credit specified in § 1.2110(f)(2)(iii) of this chapter . A winning bidder that qualifies as a very small business, as defined in this section, or a consortium of very small businesses may use the bidding credit specified in § 1.2110(f)(2)(ii) of this chapter . ( c ) Installment payments. Small businesses that are winning bidders on any regional license prior to August 7, 2000 will be eligible to pay the full amount of their winning bids in installments over the term of the license pursuant to the terms set forth in § 1.2110(g) of this chapter . [ 67 FR 45367 , July 9, 2002, as amended at 68 FR 42998 , July 21, 2003] Subpart G—Interim Application, Licensing and Processing Rules for Narrowband PCS Source: 59 FR 26749 , May 24, 1994, unless otherwise noted. § 24.403 Authorization required. No person shall use or operate any device for the transmission of energy or communications by radio in the services authorized by this part except as provided in this part. § 24.404 Eligibility. ( a ) General. Authorizations will be granted upon proper application if: ( 1 ) The applicant is qualified under the applicable laws and the regulations, policies and decisions issued under the laws, including § 24.12 ; ( 2 ) There are frequencies available to provide satisfactory service; and ( 3 ) The public interest, convenience or necessity would be served by a grant. ( b ) Alien ownership. A narrowband PCS authorization to provide Commercial Mobile Radio Service may not be granted to or held by: ( 1 ) Any alien or the representative of any alien. ( 2 ) Any corporation organized under the laws of any foreign government. ( 3 ) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or any corporation organized under the laws of a foreign country. ( 4 ) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. A Narrowband PCS authorization to provide Private Mobile Radio Service may not be granted to or held by a foreign government or a representative thereof. [ 59 FR 26749 , May 24, 1994, as amended at 61 FR 55581 , Oct. 28, 1996; 65 FR 35855 , June 6, 2000] §§ 24.405-24.414 [Reserved] § 24.415 Technical content of applications; maintenance of list of station locations. ( a ) All applications required by this part shall contain all technical information required by the application forms or associated public notice(s). Applications other than initial applications for a narrowband PCS license must also comply with all technical requirements of the rules governing the narrowband PCS (see subparts C and D as appropriate). The following paragraphs describe a number of general technical requirements. ( b ) Each application (except applications for initial licenses filed on Form 175) for a radio station authorization for narrowband PCS must comply with the provisions of §§ 24.129 through 24.135 . ( c ) - ( i ) [Reserved] ( j ) The location of the transmitting antenna shall be considered to be the station location. Narrowband PCS licensees must maintain a current list of all station locations, which must describe the transmitting antenna site by its geographical coordinates and also by conventional reference to street number, landmark, or the equivalent. All such coordinates shall be specified in terms of degrees, minutes, and seconds to the nearest second of latitude and longitude. [ 59 FR 26749 , May 24, 1994; 59 FR 43898 , Aug. 25, 1994] §§ 24.416-24.429 [Reserved] § 24.430 Opposition to applications. ( a ) Petitions to deny (including petitions for other forms of relief) and responsive pleadings for Commission consideration must comply with § 1.2108 of this chapter and must: ( 1 ) Identify the application or applications (including applicant's name, station location, Commission file numbers and radio service involved) with which it is concerned; ( 2 ) Be filed in accordance with the pleading limitations, filing periods, and other applicable provisions of §§ 1.41 through 1.52 of this chapter except where otherwise provided in § 1.2108 of this chapter ; ( 3 ) Contain specific allegations of fact which, except for facts of which official notice may be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof, and which shall be sufficient to demonstrate that the petitioner (or respondent) is a party in interest and that a grant of, or other Commission action regarding, the application would be prima facie inconsistent with the public interest; and ( 4 ) Contain a certificate of service showing that it has been mailed to the applicant no later than the date of filing thereof with the Commission. ( b ) A petition to deny a major amendment to a previously filed application may only raise matters directly related to the amendment which could not have been raised in connection with the underlying, previously filed application. This does not apply to petitioners who gain standing because of the major amendment. ( c ) Parties who file frivolous petitions to deny may be subject to sanctions including monetary forfeitures, license revocation, if they are FCC licensees, and may be prohibited from participating in future auctions. [ 59 FR 44072 , Aug. 26, 1994, as amended at 65 FR 35855 , June 6, 2000] § 24.431 Mutually exclusive applications. ( a ) The Commission will consider applications to be mutually exclusive if their conflicts are such that the grant of one application would effectively preclude by reason of harmful electrical interference, or other practical reason, the grant of one or more of the other applications. The Commission will presume “harmful electrical interference” to mean interference which would result in a material impairment to service rendered to the public despite full cooperation in good faith by all applicants or parties to achieve reasonable technical adjustments which would avoid electrical conflict. ( b ) Mutually exclusive applications filed on Form 175 for the initial provision of narrowband PCS service are subject to competitive bidding in accordance with the procedures in subpart F of this part and in 47 CFR part 1, subpart Q . ( c ) An application will be entitled to comparative consideration with one or more conflicting applications only if the Commission determines that such comparative consideration will serve the public interest. §§ 24.432-24.444 [Reserved] Subpart H—Competitive Bidding Procedures for Broadband PCS Source: 59 FR 37604 , July 22, 1994, unless otherwise noted. § 24.701 Broadband PCS subject to competitive bidding. Mutually exclusive initial applications for broadband PCS service licenses are subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in this subpart. [ 67 FR 45367 , July 9, 2002] §§ 24.702-24.708 [Reserved] § 24.709 Eligibility for licenses for frequency Blocks C or F. ( a ) General rule for licenses offered for closed bidding. ( 1 ) No application is acceptable for filing and no license shall be granted to a winning bidder in closed bidding for frequency block C or frequency block F, unless the applicant, together with its affiliates and persons or entities that hold interests in the applicant and their affiliates, have had gross revenues of less than $125 million in each of the last two years and total assets of less than $500 million at the time the applicant's short-form application (Form 175) is filed. ( 2 ) Any licensee awarded a license won in closed bidding pursuant to the eligibility requirements of this section (or pursuant to § 24.839(a)(2) ) shall maintain its eligibility until at least five years from the date of initial license grant, except that a licensee's (or other attributable entity's) increased gross revenues or increased total assets due to nonattributable equity investments (i.e., from sources whose gross revenues and total assets are not considered under paragraph (b) of this section), debt financing, revenue from operations or other investments, business development, or expanded service shall not be considered. ( 3 ) Tiers. ( i ) For purposes of determining spectrum to which the eligibility requirements of this section are applicable, the BTA service areas (see § 24.202(b) ) are divided into two tiers according to their population as follows: ( A ) Tier 1: BTA service areas with population equal to or greater than 2.5 million; ( B ) Tier 2: BTA service areas with population less than 2.5 million. ( ii ) For Auction No. 35, the population of individual BTA service areas will be based on the 1990 census. For auctions beginning after the start of Auction No. 35, the population of individual BTA service areas will be based on the most recent available decennial census. ( 4 ) Application of eligibility requirements. ( i ) The following categories of licenses will be subject to closed bidding pursuant to the eligibility requirements of this section in auctions that begin after the effective date of this paragraph. ( A ) For Tier 1 BTAs, one of the 10 MHz C block licenses (1895-1900 MHz paired with 1975-1980 MHz); ( B ) For Tier 2 BTAs, two of the 10 MHz C block licenses (1895-1900 MHz paired with 1975-1980 MHz; 1900-1905 MHz paired with 1980-1985 MHz) and all 15 MHz C block licenses. ( ii ) Notwithstanding the provisions of paragraph (a)(4)(i) of this section, any C block license for operation on spectrum that has been offered, but not won by a bidder, in closed bidding in any auction beginning on or after March 23, 1999, will not be subject in a subsequent auction to closed bidding pursuant to the eligibility requirements of this section. ( 5 ) Special rule for licensees disaggregating or returning certain spectrum in frequency block C. ( i ) In addition to entities qualifying for closed bidding under paragraph (a)(1) of this section, any entity that was eligible for and participated in the auction for frequency block C, which began on December 18, 1995, or the reauction for frequency block C, which began on July 3, 1996, will be eligible to bid for C block licenses offered in closed bidding in any reauction of frequency block C spectrum that begins within two years of March 23, 1999. ( ii ) In cases of merger, acquisition, or other business combination of entities, where each of the entities is eligible to bid for C block licenses offered in closed bidding in any reauction of C block spectrum on the basis of the eligibility exception set forth in paragraph (a)(5)(i) of this section, the resulting entity will also be eligible for the exception specified in paragraph (a)(5)(i) of this section. ( iii ) In cases of merger, acquisition, or other business combination of entities, where one or more of the entities are ineligible for the exception set forth in paragraph (a)(5)(i) of this section, the resulting entity will not be eligible pursuant to paragraph (a)(5)(i) of this section unless an eligible entity possesses de jure and de facto control over the resulting entity. ( iv ) The following restrictions will apply for any reauction of frequency block C spectrum conducted after March 24, 1998: ( A ) Applicants that elected to disaggregate and surrender to the Commission 15 MHz of spectrum from any or all of their frequency block C licenses, as provided in Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, Second Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 97-82, 12 FCC Rcd 16,436 (1997), as modified by the Order on Reconsideration of the Second Report and Order, WT Docket No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), will not be eligible to apply for such disaggregated spectrum until 2 years from the start of the reauction of that spectrum. ( B ) Applicants that surrendered to the Commission any of their frequency block C licenses, as provided in Amendment of the Commission's Rules Regarding Installment Payment Financing for Personal Communications Services (PCS) Licensees, Second Report and Order and Further Notice of Proposed Rule Making, WT Docket No. 97-82, 12 FCC Rcd 16,436 (1997), as modified by the Order on Reconsideration of the Second Report and Order, WT Docket No. 97-82, FCC 98-46 (rel. Mar. 24, 1998), will not be eligible to apply for the licenses that they surrendered to the Commission until 2 years from the start of the reauction of those licenses if they elected to apply a credit of 70% of the down payment they made on those licenses toward the prepayment of licenses they did not surrender. ( b ) Exceptions to general rule — ( 1 ) Scope. The following provisions apply to licenses acquired in Auctions No. 5, 10, 11 or 22, or pursuant to § 24.839(a)(2) or (a)(3) prior to October 30, 2000. ( i ) Small business consortia. Where an applicant (or licensee) is a consortium of small businesses, the gross revenues and total assets of each small business shall not be aggregated. ( ii ) Publicly-traded corporations. Where an applicant (or licensee) is a publicly traded corporation with widely dispersed voting power, the gross revenues and total assets of a person or entity that holds an interest in the applicant (or licensee), and its affiliates, shall not be considered. ( iii ) 25 Percent equity exception. The gross revenues and total assets of a person or entity that holds an interest in the applicant (or licensee), and its affiliates, shall not be considered so long as: ( A ) Such person or entity, together with its affiliates, holds only nonattributable equity equaling no more than 25 percent of the applicant's (or licensee's) total equity; ( B ) Except as provided in paragraph (b)(1)(v) of this section, such person or entity is not a member of the applicant's (or licensee's) control group; and ( C ) The applicant (or licensee) has a control group that complies with the minimum equity requirements of paragraph (b)(1)(v) of this section, and, if the applicant (or licensee) is a corporation, owns at least 50.1 percent of the applicant's (or licensee's) voting interests, and, if the applicant (or licensee) is a partnership, holds all of its general partnership interests. ( iv ) 49.9 Percent equity exception. The gross revenues and total assets of a person or entity that holds an interest in the applicant (or licensee), and its affiliates, shall not be considered so long as: ( A ) Such person or entity, together with its affiliates, holds only nonattributable equity equaling no more than 49.9 percent of the applicant's (or licensee's) total equity; ( B ) Except as provided in paragraph (b)(1)(vi) of this section, such person or entity is not a member of the applicant's (or licensee's) control group; and ( C ) The applicant (or licensee) has a control group that complies with the minimum equity requirements of paragraph (b)(1)(vi) of this section and, if the applicant (or licensee) is a corporation, owns at least 50.1 percent of the applicant's (or licensee's) voting interests, and, if the applicant (or licensee) is a partnership, holds all of its general partnership interests. ( v ) Control group minimum 25 percent equity requirement. In order to be eligible to exclude gross revenues and total assets of persons or entities identified in paragraph (b)(1)(iii) of this section, and applicant (or licensee) must comply with the following requirements: ( A ) Except for an applicant (or licensee) whose sole control group member is a preexisting entity, as provided in paragraph (b)(1)(v)(B) of this section, at the time the applicant's short-form application (Form 175) is filed and until at least three years following the date of initial license grant, the applicant's (or licensee's) control group must own at least 25 percent of the applicant's (or licensee's) total equity as follows: ( 1 ) At least 15 percent of the applicant's (or licensee's) total equity must be held by qualifying investors, either unconditionally or in the form of options exercisable, at the option of the holder, at any time and at any exercise price equal to or less than the market value at the time the applicant files its short-form application (Form 175); ( 2 ) Such qualifying investors must hold 50.1 percent of the voting stock and all general partnership interests within the control group, and must have de facto control of the control group and of the applicant; ( 3 ) The remaining 10 percent of the applicant's (or licensee's) total equity may be owned, either unconditionally or in the form of stock options, by any of the following entities, which may not comply with § 24.720(g)(1) : ( i ) Institutional Investors; ( ii ) Noncontrolling existing investors in any preexisting entity that is a member of the control group; ( iii ) Individuals that are members of the applicant's (or licensee's) management; or ( iv ) Qualifying investors, as specified in § 24.720(g)(3) . ( 4 ) Following termination of the three-year period specified in paragraph (b)(1)(v)(A) of this section, qualifying investors must continue to own at least 10 percent of the applicant's (or licensee's) total equity unconditionally or in the form of stock options subject to the restrictions in paragraph (b)(1)(v)(A)( 1 ) of this section. The restrictions specified in paragraphs (b)(1)(v)(A)( 3 )( i ) through (b)(1)(v)(A)( 3 )( iv ) of this section no longer apply to the remaining equity after termination of such three-year period. ( B ) At the election of an applicant (or licensee) whose control group's sole member is a preexisting entity, the 25 percent minimum equity requirements set forth in paragraph (b)(1)(v)(A) of this section shall apply, except that only 10 percent of the applicant's (or licensee's) total equity must be held in qualifying investors, and that the remaining 15 percent of the applicant's (or licensee's) total equity may be held by qualifying investors, or noncontrolling existing investors in such control group member or individuals that are members of the applicant's (or licensee's) management. These restrictions on the identity of the holder(s) of the remaining 15 percent of the licensee's total equity no longer apply after termination of the three-year period specified in paragraph (b)(1)(v)(A) of this section. ( vi ) Control group minimum 50.1 percent equity requirement. In order to be eligible to exclude gross revenues and total assets of persons or entities identified in paragraph (b)(1)(iv) of this section, an applicant (or licensee) must comply with the following requirements: ( A ) Except for an applicant (or licenses) whose sole control group member is a preexisting entity, as provided in paragraph (b)(1)(vi)(B) of this section, at the time the applicant's short-form application (Form 175) is filed and until at least three years following the date of initial license grant, the applicant's (or licensee's) control group must own at least 50.1 percent of the applicant's (or licensee's) total equity as follows: ( 1 ) At least 30 percent of the applicant's (or licensee's) total equity must be held by qualifying investors, either unconditionally or in the form of options, exercisable at the option of the holder, at any time and at any exercise price equal to or less than the market value at the time the applicant files its short-form application (Form 175); ( 2 ) Such qualifying investors must hold 50.1 percent of the voting stock and all general partnership interests within the control group and must have de facto control of the control group and of the applicant; ( 3 ) The remaining 20.1 percent of the applicant's (or licensee's) total equity may be owned by qualifying investors, either unconditionally or in the form of stock options not subject to the restrictions of paragraph (b)(1)(vi)(A)( 1 ) of this section, or by any of the following entities which may not comply with § 24.720(g)(1) : ( i ) Institutional investors, either unconditionally or in the form of stock options; ( ii ) Noncontrolling existing investors in any preexisting entity that is a member of the control group, either unconditionally or in the form of stock options; ( iii ) Individuals that are members of the applicant's (or licensee's) management, either unconditionally or in the form of stock options; or ( iv ) Qualifying investors, as specified in § 24.720(g)(3) . ( 4 ) Following termination of the three-year period specified in paragraph (b)(1)(vi)(A) of this section, qualifying investors must continue to own at least 20 percent of the applicant's (or licensee's) total equity unconditionally or in the form of stock options subject to the restrictions in paragraph (b)(1)(vi)(A)( 1 ) of this section. The restrictions specified in paragraph (b)(1)(vi)(A)( 3 )( i ) through (b)(1)(vi)(A)( 3 )( iv ) of this section no longer apply to the remaining equity after termination of such three-year period. ( B ) At the election of an applicant (or licensee) whose control group's sole member is a preexisting entity, the 50.1 percent minimum equity requirements set forth in paragraph (b)(1)(vi)(A) of this section shall apply, except that only 20 percent of the applicant's (or licensee's) total equity must be held by qualifying investors, and that the remaining 30.1 percent of the applicant's (or licensee's) total equity may be held by qualifying investors, or noncontrolling existing investors in such control group member or individuals that are members of the applicant's (or licensee's) management. These restrictions on the identity of the holder(s) of the remaining 30.1 percent of the licensee's total equity no longer apply after termination of the three-year period specified in paragraph (b)(1)(vi)(A) of this section. ( vii ) Calculation of certain interests. Except as provided in paragraphs (b)(1)(v) and (b)(1)(vi) of this section, ownership interests shall be calculated on a fully diluted basis; all agreements such as warrants, stock options and convertible debentures will generally be treated as if the rights thereunder already have been fully exercised, except that such agreements may not be used to appear to terminate or divest ownership interests before they actually do so, in order to comply with the nonattributable equity requirements in paragraphs (b)(1)(iii)(A) and (b)(1)(iv)(A) of this section. ( viii ) Aggregation of affiliate interests. Persons or entities that hold interest in an applicant (or licensee) that are affiliates of each other or have an identify of interests identified in § 1.2110(c)(5)(iii) will be treated as though they were one person or entity and their ownership interests aggregated for purposes of determining an applicant's (or licensee's) compliance with the nonattributable equity requirements in paragraphs (b)(1)(iii)(A) and (b)(1)(iv)(A) of this section. Example 1 for paragraph (b)(1)(viii). ABC Corp. is owned by individuals, A, B, and C, each having an equal one-third voting interest in ABC Corp. A and B together, with two-thirds of the stock have the power to control ABC Corp. and have an identity of interest. If A & B invest in DE Corp., a broadband PCS applicant for block C, A and B's separate interests in DE Corp. must be aggregated because A and B are to be treated as one person. Example 2 for paragraph (b)(1)(viii). ABC Corp. has subsidiary BC Corp., of which it holds a controlling 51 percent of the stock. If ABC Corp. and BC Corp., both invest in DE Corp., their separate interests in DE Corp. must be aggregated because ABC Corp. and BC Corp. are affiliates of each other. ( 2 ) The following provisions apply to licenses acquired pursuant to § 24.839(a)(2) or (a)(3) on or after October 30, 2000. In addition to the eligibility requirements set forth at 24.709(a) and (b), applicants and/or licensees seeking to acquire C and/or F block licenses pursuant to 24.839(a)(2) or (a)(3) will be subject to the controlling interest standard in 1.2110(c)(2) of this chapter for purposes of determining unjust enrichment payment obligations. See § 1.2111 of this chapter . ( c ) Short-form and long-form applications: Certifications and disclosure — ( 1 ) Short-form application. In addition to certifications and disclosures required by part 1, subpart Q of this chapter , each applicant to participate in closed bidding for frequency block C or frequency block F shall certify on its short-form application (Form 175) that it is eligible to bid on and obtain such license(s), and (if applicable) that it is eligible for designated entity status pursuant to this section and § 24.720 , and shall append the following information as an exhibit to its Form 175: ( i ) For all applicants: The applicant's gross revenues and total assets, computed in accordance with paragraphs (a) of this section and § 1.2110(b)(1) through (b)(2) of this chapter . ( ii ) For all applicants that participated in Auction Nos. 5, 10, 11, and/or 22: ( A ) The identity of each member of the applicant's control group, regardless of the size of each member's total interest in the applicant, and the percentage and type of interest held; ( B ) The status of each control group member that is an institutional investor, an existing investor, and/or a member of the applicant's management; ( C ) The identity of each affiliate of the applicant and each affiliate of individuals or entities identified pursuant to paragraphs (C)(1)(ii)(A) and (c)(1)(ii)(B) of this section; ( D ) A certification that the applicant's sole control group member is a preexisting entity, if the applicant makes the election in either paragraph (b)(1)(v)(B) or (b)(1)(vi)(B) of this section; and ( E ) For an applicant that is a publicly traded corporation with widely disbursed voting power: ( 1 ) A certified statement that such applicant complies with the requirements of the definition of publicly traded corporation with widely disbursed voting power set forth in § 24.720(f) ; ( 2 ) The identity of each affiliate of the applicant. ( iii ) For each applicant claiming status as a small business consortium, the information specified in paragraph (c)(1)(ii) of this section, for each member of such consortium. ( 2 ) Long-form application. In addition to the requirements in subpart I of this part and other applicable rules (e.g., §§ 20.6(e) and 20.9(b) of this chapter ), each applicant submitting a long-form application for a license(s) for frequency block C or F shall in an exhibit to its long-form application: ( i ) Disclose separately and in the aggregate the gross revenues and total assets, computed in accordance with paragraphs (a) and (b) of this section, for each of the following: The applicant; the applicant's affiliates, the applicant's control group members; the applicant's attributable investors; and affiliates of its attributable investors; ( ii ) List and summarize all agreements or other instruments (with appropriate references to specific provisions in the text of such agreements and instruments) that support the applicant's eligibility for a license(s) for frequency block C or frequency block F and its eligibility under §§ 24.711 , 24.712 , 24.714 and 24.720 , including the establishment of de facto and de jure control; such agreements and instruments include articles of incorporation and bylaws, shareholder agreements, voting or other trust agreements, partnership agreements, management agreements, joint marketing agreements, franchise agreements, and any other relevant agreements (including letters of intent), oral or written; and ( iii ) List and summarize any investor protection agreements and identify specifically any such provisions in those agreements identified pursuant to paragraph (c)(2)(ii) of this section, including rights of first refusal, supermajority clauses, options, veto rights, and rights to hire and fire employees and to appoint members to boards of directors or management committees. ( 3 ) Records maintenance. All applicants, including those that are winning bidders, shall maintain at their principal place of business an updated file of ownership, revenue and asset information, including those documents referenced in paragraphs (c)(2)(ii) and (c)(2)(iii) of this section and any other documents necessary to establish eligibility under this section and any other documents necessary to establish eligibility under this section or under the definition of small business. Licensees (and their successors in interest) shall maintain such files for the term of the license. Applicants that do not obtain the license(s) for which they applied shall maintain such files until the grant of such license(s) is final, or one year from the date of the filing of their short-form application (Form 175), whichever is earlier. ( d ) Definitions. The terms control group, existing investor, institutional investor, nonattributable equity, preexisting entity, publicly traded corporation with widely dispersed voting power, qualifying investor, and small business used in this section are defined in § 24.720 . [ 67 FR 45368 , July 9, 2002, as amended at 68 FR 42998 , July 21, 2003] § 24.710 [Reserved] § 24.711 Installment payments for licenses for frequency Block C. Installment payments. Each eligible licensee of frequency Block C may pay the remaining 90 percent of the net auction price for the license in installment payments pursuant to § 1.2110(f) of this chapter and under the following terms: ( a ) For an eligible licensee with gross revenues exceeding $75 million (calculated in accordance with § 1.2110(n) of this chapter and § 24.709(b) ) in each of the two preceding years (calculated in accordance with § 1.2110(n) of this chapter ), interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted, plus 3.5 percent; payments shall include both principal and interest amortized over the term of the license. ( b ) For an eligible licensee with gross revenues not exceeding $75 million (calculated in accordance with § 1.2110(b) of this chapter and § 24.709(b) ) in each of the two preceding years, interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted, plus 2.5 percent; payments shall include interest only for the first year and payments of interest and principal amortized over the remaining nine years of the license term. ( c ) For an eligible licensee that qualifies as a small business or as a consortium of small businesses, interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted; payments shall include interest only for the first six years and payments of interest and principal amortized over the remaining four years of the license term. [ 67 FR 45371 , July 9, 2002, as amended at 68 FR 42999 , July 21, 2003] § 24.712 Bidding credits for licenses won for frequency Block C. ( a ) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that qualifies as a small business, as defined in § 24.720(b)(1) , or a consortium of small businesses may use a bidding credit of fifteen percent, as specified in § 1.2110(f)(2)(iii) of this chapter , to lower the cost of its winning bid. ( b ) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that qualifies as a very small business, as defined in § 24.720(b)(2) , or a consortium of very small businesses may use a bidding credit of twenty-five percent as specified in § 1.2110(f)(2)(ii) of this chapter , to lower the cost of its winning bid. ( c ) Unjust enrichment. The unjust enrichment provisions of § 1.2111(d) and (e)(2) of this chapter shall not apply with respect to licenses acquired in either the auction for frequency block C that began on December 18, 1995, or the reauction of block C spectrum that began on July 3, 1996. [ 67 FR 45371 , July 9, 2002, as amended at 68 FR 42999 , July 21, 2003] § 24.713 [Reserved] § 24.714 Partitioned licenses and disaggregated spectrum. ( a ) Eligibility. ( 1 ) Parties seeking approval for partitioning and disaggregation shall request an authorization for partial assignment of a license pursuant to § 24.839 . ( 2 ) Broadband PCS licensees in spectrum blocks A, B, D, and E and broadband PCS C and F block licenses not subject to the eligibility requirements of § 24.709 may apply to partition their licensed geographic service area or disaggregate their licensed spectrum at any time following the grant of their licenses. ( 3 ) Broadband PCS licensees that acquired C or F block licenses in closed bidding subject to the eligibility requirements of § 24.709 may partition their licensed geographic service area or disaggregate their licensed spectrum at any time to an entity that meets the eligibility criteria set forth in § 24.709 at the time the request for partial assignment of license is filed or to an entity that holds license(s) for frequency blocks C and F that met the eligibility criteria set forth in § 24.709 at the time of receipt of such license(s). Partial assignment applications seeking partitioning or disaggregation of broadband PCS licenses in spectrum blocks C and F must include an attachment demonstrating compliance with this section. ( b ) Technical standards — ( 1 ) Partitioning. In the case of partitioning, applicants and licensees must file FCC Form 603 pursuant to § 1.948 of this chapter and list the partitioned service area on a schedule to the application. The geographic coordinates must be specified in degrees, minutes, and seconds to the nearest second of latitude and longitude and must be based upon the 1983 North American Datum (NAD83). ( 2 ) Disaggregation. Spectrum may be disaggregated in any amount. ( 3 ) Combined partitioning and disaggregation. The Commission will consider requests for partial assignment of licenses that propose combinations of partitioning and disaggregation. ( c ) Installment payments — ( 1 ) Apportioning the balance on installment payment plans. When a winning bidder elects to pay for its license through an installment payment plan pursuant to § 1.2110(g) of this chapter or § 24.716 , and partitions its licensed area or disaggregates spectrum to another party, the outstanding balance owed by the licensee on its installment payment plan (including accrued and unpaid interest) shall be apportioned between the licensee and partitionee or disaggregatee. Both parties will be responsible for paying their proportionate share of the outstanding balance to the U.S. Treasury. In the case of partitioning, the balance shall be apportioned based upon the ratio of the population of the partitioned area to the population of the entire original license area calculated based upon the most recent census data. In the case of disaggregation, the balance shall be apportioned based upon the ratio of the amount of spectrum disaggregated to the amount of spectrum allocated to the licensed area. ( 2 ) Parties not qualified for installment payment plans. ( i ) When a winning bidder elects to pay for its license through an installment payment plan, and partitions its license or disaggregates spectrum to another party that would not qualify for an installment payment plan or elects not to pay its share of the license through installment payments, the outstanding balance owed by the licensee (including accrued and unpaid interest shall be apportioned according to § 24.714(c)(1) ). ( ii ) The partitionee or disaggregatee shall, as a condition of the approval of the partial assignment application, pay its entire pro rata amount within 30 days of Public Notice conditionally granting the partial assignment application. Failure to meet this condition will result in a rescission of the grant of the partial assignment application. ( iii ) The licensee shall be permitted to continue to pay its pro rata share of the outstanding balance and shall receive new financing documents (promissory note, security agreement) with a revised payment obligation, based on the remaining amount of time on the original installment payment schedule. These financing documents will replace the licensee's existing financing documents, which shall be marked “superseded” and returned to the licensee upon receipt of the new financing documents. The original interest rate, established pursuant to § 1.2110(g)(3)(i) of this chapter at the time of the grant of the initial license in the market, shall continue to be applied to the licensee's portion of the remaining government obligation. The Commission will require, as a further condition to approval of the partial assignment application, that the licensee execute and return to the U.S. Treasury the new financing documents within 30 days of the Public Notice conditionally granting the partial assignment application. Failure to meet this condition will result in the automatic cancellation of the grant of the partial assignment application. ( iv ) A default on the licensee's payment obligation will only affect the licensee's portion of the market. ( 3 ) Parties qualified for installment payment plans. ( i ) Where both parties to a partitioning or disaggregation agreement qualify for installment payments, the partitionee or disaggregatee will be permitted to make installment payments on its portion of the remaining government obligations, as calculated according to § 24.714(c)(1) . ( ii ) Each party will be required, as a condition to approval of the partial assignment application, to execute separate financing documents (promissory note, security agreement) agreeing to pay their pro rata portion of the balance due (including accrued and unpaid interest) based upon the installment payment terms for which they qualify under the rules. The financing documents must be returned to the U.S. Treasury within thirty (30) days of the Public Notice conditionally granting the partial assignment application. Failure by either party to meet this condition will result in the automatic cancellation of the grant of the partial assignment application. The interest rate, established pursuant to § 1.2110(g)(3)(i) of this chapter at the time of the grant of the initial license in the market, shall continue to be applied to both parties' portion of the balance due. Each party will receive a license for their portion of the partitioned market or disaggregated spectrum. ( iii ) A default on an obligation will only affect that portion of the market area held by the defaulting party. ( iv ) Partitionees and disaggregatees that qualify for installment payment plans may elect to pay some of their pro rata portion of the balance due in a lump sum payment to the U.S. Treasury and to pay the remaining portion of the balance due pursuant to an installment payment plan. ( d ) License term. The license term for a partitioned license area and for disaggregated spectrum shall be the remainder of the original licensee's license term as provided for in § 24.15 . [ 62 FR 661 , Jan. 6, 1997, as amended at 63 FR 68953 , Dec. 14, 1998; 65 FR 53638 , Sept. 5, 2000; 67 FR 45371 , July 9, 2002; 68 FR 42999 , July 21, 2003; 82 FR 41547 , Sept. 1, 2017] § 24.716 Installment payments for licenses for frequency Block F. Installment Payments. Each eligible licensee of frequency Block F may pay the remaining 80 percent of the net auction price for the license in installment payments pursuant to § 1.2110(g) of this chapter and under the following terms: ( a ) For an eligible licensee with gross revenues exceeding $75 million (calculated in accordance with § 1.2110(b) of this chapter and, when applicable, § 24.709(b) ) in each of the two preceding years (calculated in accordance with § 1.2110(n) of this chapter ), interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted, plus 3.5 percent; payments shall include both principal and interest amortized over the term of the license; ( b ) For an eligible licensee with gross revenues not exceeding $75 million (calculated in accordance with § 1.2110(b) of this chapter and, when applicable, § 24.709(b) ) in each of the two preceding years (calculated in accordance with § 1.2110(n) of this chapter ), interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted, plus 2.5 percent; payments shall include interest only for the first year and payments of interest and principal amortized over the remaining nine years of the license term; or ( c ) For an eligible licensee that qualifies as a small business or as a consortium of small businesses, interest shall be imposed based on the rate for ten-year U.S. Treasury obligations applicable on the date the license is granted; payments shall include interest only for the first two years and payments of interest and principal amortized over the remaining eight years of the license term. [ 67 FR 45371 , July 9, 2002, as amended at 68 FR 42999 , July 21, 2003] § 24.717 Bidding credits for licenses for frequency Block F. ( a ) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that qualifies as a small business, as defined in § 24.720(b)(1) , or a consortium of small businesses may use a bidding credit of fifteen percent, as specified in § 1.2110(f)(2)(iii) of this chapter , to lower the cost of its winning bid. ( b ) Except with respect to licenses won in closed bidding in auctions that begin after March 23, 1999, a winning bidder that qualifies as a very small business, as defined in § 24.720(b)(2) , or a consortium of very small businesses may use a bidding credit of twenty-five percent as specified in § 1.2110(f)(2)(ii) of this chapter , to lower the cost of its winning bid. [ 68 FR 42999 , July 21, 2003] § 24.720 Definitions. ( a ) Scope. The definitions in this section apply to §§ 24.709 through 24.717 , unless otherwise specified in those sections. ( b ) Small and very small business. ( 1 ) A small business is an entity that, together with its affiliates and persons or entities that hold interest in such entity and their affiliates , has average annual gross revenues that are not more than $40 million for the preceding three years. ( 2 ) A very small business is an entity that, together with its affiliates and persons or entities that hold interests in such entity and their affiliates, has average annual gross revenues that are not more than $15 million for the preceding three years. ( c ) Institutional Investor. An institutional investor is an insurance company, a bank holding stock in trust accounts through its trust department, or an investment company as defined in 15 U.S.C. 80a-3(a) , including within such definition any entity that would otherwise meet the definition of investment company under 15 U.S.C. 80a-3(a) but is excluded by the exemptions set forth in 15 U.S.C. 80a-3(b) and (c) , without regard to whether such entity is an issuer of securities; provided that, if such investment company is owned, in whole or in part, by other entities, such investment company, such other entities and the affiliates of such other entities, taken as a whole, must be primarily engaged in the business of investing, reinvesting or trading in securities or in distributing or providing investment management services for securities. ( d ) Nonattributable Equity — ( 1 ) Nonattributable equity shall mean: ( i ) For corporations, voting stock or non-voting stock that includes no more than twenty-five percent of the total voting equity, including the right to vote such stock through a voting trust or other arrangement; ( ii ) For partnerships, joint ventures and other non-corporate entities, limited partnership interests and similar interests that do not afford the power to exercise control of the entity. ( 2 ) For purposes of assessing compliance with the equity limits in § 24.709 (b)(1)(iii)(A) and (b)(1)(iv)(A) , where such interests are not held directly in the applicant, the total equity held by a person or entity shall be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain. ( e ) Control Group. A control group is an entity, or a group of individuals or entities, that possesses de jure control and de facto control of an applicant or licensee, and as to which the applicant's or licensee's charters, bylaws, agreements and any other relevant documents (and amendments thereto) provide: ( 1 ) That the entity and/or its members own unconditionally at least 50.1 percent of the total voting interests of a corporation; ( 2 ) That the entity and/or its members receive at least 50.1 percent of the annual distribution or any dividends paid on the voting stock of a corporation; ( 3 ) That, in the event of dissolution or liquidation of a corporation, the entity and/or its members are entitled to receive 100 percent of the value of each share of stock in its possession and a percentage of the retained earnings of the concern that is equivalent to the amount of equity held in the corporation; and ( 4 ) That, for other types of businesses, the entity and/or its members have the right to receive dividends, profits and regular and liquidating distributions from the business in proportion to the amount of equity held in the business. Note to paragraph ( e ): Voting control does not always assure de facto control, such as for example, when the voting stock of the control group is widely dispersed (see e.g., § 1.2110(c)(5)(ii)(C) of this chapter ). ( f ) Publicly Traded Corporation with Widely Dispersed Voting Power. A publicly traded corporation with widely dispersed voting power is a business entity organized under the laws of the United States: ( 1 ) Whose shares, debt, or other ownership interests are traded on an organized securities exchange within the United States; ( 2 ) In which no person: ( i ) Owns more than 15 percent of the equity; or ( ii ) Possesses, directly or indirectly, through the ownership of voting securities, by contract or otherwise, the power to control the election of more than 15 percent of the members of the board of directors or other governing body of such publicly traded corporation; and ( 3 ) Over which no person other than the management and members of the board of directors or other governing body of such publicly traded corporation, in their capacities as such, has de facto control. ( 4 ) The term person shall be defined as in section 13(d) of the Securities and Exchange Act of 1934, as amended ( 15 U.S.C. 78(m) ), and shall also include investors that are commonly controlled under the indicia of control set forth in the definition of affiliate in § 1.2110(c)(5) of the Commission's rules. ( g ) Qualifying investor. ( 1 ) A qualifying investor is a person who is (or holds an interest in) a member of the applicant's (or licensee's) control group and whose gross revenues and total assets, when aggregated with those of all other attributable investors and affiliates, do not exceed the gross revenues and total assets limits specified in § 24.709(a) , or, in the case of an applicant (or licensee) that is a small business, do not exceed the gross revenues limit specified in paragraph (b) of this section. ( 2 ) For purposes of assessing compliance with the minimum equity requirements of § 24.709(b)(1)(v) and (b)(1)(vi) , where such equity interests are not held directly in the applicant, interests held by qualifying investors shall be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain. ( 3 ) For purposes of § 24.709(b)(1)(v)(A)(3) and (b)(1)(vi)(A)(3) , a qualifying investor is a person who is (or holds an interest in) a member of the applicant's (or licensee's) control group and whose gross revenues and total assets do not exceed the gross revenues and total assets limits specified in § 24.709(a) . ( h ) Preexisting entity; Existing investor. A preexisting entity is an entity that was operating and earning revenues for at least two years prior to December 31, 1994. An existing investor is a person or entity that was an owner of record of a preexisting entity's equity as of November 10, 1994, and any person or entity acquiring de minimis equity holdings in a preexisting entity after that date. Note to paragraph ( h ): In applying the term existing investor to de minimis interests in preexisting entities obtained or increased after November 10, 1994, the Commission will scrutinize any significant restructuring of the preexisting entity that occurs after that date and will presume that any change of equity that is five percent or less of the preexisting entity's total equity is de minimis. The burden is on the applicant (or licensee) to demonstrate that changes that exceed five percent are not significant. [ 67 FR 45372 , July 9, 2002, as amended at 68 FR 42999 , July 21, 2003; 68 FR 57829 , Oct. 7, 2003] Subpart I—Interim Application, Licensing, and Processing Rules for Broadband PCS Source: 59 FR 37610 , July 22, 1994, unless otherwise noted. §§ 24.801-24.803 [Reserved] § 24.804 Eligibility. ( a ) General. Authorizations will be granted upon proper application if: ( 1 ) The applicant is qualified under all applicable laws and Commission regulations, policies and decisions; ( 2 ) There are frequencies available to provide satisfactory service; and ( 3 ) The public interest, convenience or necessity would be served by a grant. ( b ) Alien ownership. A broadband PCS authorization to provide Commercial Mobile Radio Service may not be granted to or held by: ( 1 ) Any alien or the representative of any alien. ( 2 ) Any corporation organized under the laws of any foreign government. ( 3 ) Any corporation of which more than one-fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or any corporation organized under the laws of another country. ( 4 ) Any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such a license. ( c ) A broadband PCS authorization to provide Private Mobile Radio Service may not be granted to or held by a foreign government or a representative thereof. [ 59 FR 37610 , July 22, 1994, as amended at 61 FR 55581 , Oct. 28, 1996] §§ 24.805-24.814 [Reserved] § 24.815 Technical content of applications; maintenance of list of station locations. ( a ) All applications required by this part shall contain all technical information required by the application forms or associated Public Notice(s). Applications other than initial applications for a broadband PCS license must also comply with all technical requirements of the rules governing the broadband PC ( see subparts C and E of this part as appropriate). The following paragraphs describe a number of general technical requirements. ( b ) Each application (except applications for initial licenses filed on Form 175) for a license for broadband PCS must comply with the provisions of §§ 24.229-24.238 of the Commission's Rules. ( c ) - ( i ) [Reserved] ( j ) The location of the transmitting antenna shall be considered to be the station location. Broadband PCS licensees must maintain a current list of all station locations, which must describe the transmitting antenna site by its geographical coordinates and also by conventional reference to street number, landmark, or the equivalent. All such coordinates shall be specified in terms of degrees, minutes, and seconds to the nearest second of latitude and longitude. §§ 24.816-24.829 [Reserved] § 24.830 Opposition to applications. ( a ) Petitions to deny (including petitions for other forms of relief) and responsive pleadings for Commission consideration must comply with § 1.2108 of this chapter and must: ( 1 ) Identify the application or applications (including applicant's name, station location, Commission file numbers and radio service involved) with which it is concerned; ( 2 ) Be filed in accordance with the pleading limitations, filing periods, and other applicable provisions of §§ 1.41 through 1.52 of this chapter except where otherwise provided in § 1.2108 of this chapter ; ( 3 ) Contain specific allegations of fact which, except for facts of which official notice may be taken, shall be supported by affidavit of a person or persons with personal knowledge thereof, and which shall be sufficient to demonstrate that the petitioner (or respondent) is a party in interest and that a grant of, or other Commission action regarding, the application would be prima facie inconsistent with the public interest; ( 4 ) Be filed within thirty (30) days after the date of public notice announcing the acceptance for filing of any such application or major amendment thereto (unless the Commission otherwise extends the filing deadline); and ( 5 ) Contain a certificate of service showing that it has been mailed to the applicant no later than the date of filing thereof with the Commission. ( b ) A petition to deny a major amendment to a previously-filed application may only raise matters directly related to the amendment which could not have been raised in connection with the underlying previously-filed application. This subsection does not apply, however, to petitioners who gain standing because of the major amendment. § 24.831 Mutually exclusive applications. ( a ) The Commission will consider applications for broadband PCS licenses to be mutually exclusive if they relate to the same geographical boundaries (MTA or BTA) and are timely filed for the same frequency block. ( b ) Mutually exclusive applications filed on Form 175 for the initial provision of broadband PCS are subject to competitive bidding in accordance with the procedures in subpart H of this part and in part 1, subpart Q of this chapter . ( c ) An application will be entitled to comparative consideration with one or more conflicting applications only if the Commission determines that such comparative consideration will serve the public interest. ( d ) - ( j ) [Reserved] § 24.832 [Reserved] § 24.833 Post-auction divestitures. Any parties sharing a common non-controlling ownership interest who aggregate more PCS spectrum among them than a single entity is entitled to hold ( See §§ 20.6(e) , 24.710 , 24.204 , 24.229(c) of this chapter ) will be permitted to divest sufficient properties within 90 days of the license grant to come into compliance with the spectrum aggregation limits as follows: ( a ) The broadband PCS applicant shall submit a signed statement with its long-form application stating that sufficient properties will be divested within 90 days of the license grant. If the licensee is otherwise qualified, the Commission will grant the applications subject to a condition that the licensee come into compliance with the PCS spectrum aggregation limits within 90 days of grant. ( b ) Within 90 days of license grant, the licensee must certify that the applicant and all parties to the application have come into compliance with the PCS spectrum aggregation limits. If the licensee fails to submit the certification within 90 days, the Commission will immediately cancel all broadband PCS licenses won by the applicant, impose the default penalty and, based on the facts presented, take any other action it may deem appropriate. Divestiture may be to an interim trustee if a buyer has not been secured in the required time frame, as long as the applicant has no interest in or control of the trustee, and the trustee may dispose of the property as it sees fit. In no event may the trustee retain the property for longer than six months from grant of license. [ 59 FR 53371 , Oct. 24, 1994] §§ 24.834-24.838 [Reserved] § 24.839 Transfer of control or assignment of license. ( a ) Restrictions on Assignments and Transfers of Licenses for Frequency Blocks C and F won in closed bidding. No assignment or transfer of control of a license for frequency Block C or frequency Block F won in closed bidding pursuant to the eligibility requirements of § 24.709 will be granted unless: ( 1 ) The application for assignment or transfer of control is filed after five years from the date of the initial license grant; or ( 2 ) The proposed assignee or transferee meets the eligibility criteria set forth in § 24.709 of this part at the time the application for assignment or transfer of control is filed, or the proposed assignee or transferee holds other license(s) for frequency blocks C and F and, at the time of receipt of such license(s), met the eligibility criteria set forth in § 24.709 of this part ; or ( 3 ) The application is for partial assignment of a partitioned service area to a rural telephone company pursuant to § 24.714 of this part and the proposed assignee meets the eligibility criteria set forth in § 24.709 of this part ; or ( 4 ) The application is for an involuntary assignment or transfer of control to a bankruptcy trustee appointed under involuntary bankruptcy, an independent receiver appointed by a court of competent jurisdiction in a foreclosure action, or, in the event of death or disability, to a person or entity legally qualified to succeed the deceased or disabled person under the laws of the place having jurisdiction over the estate involved; provided that, the applicant requests a waiver pursuant to this paragraph; or ( 5 ) The assignment or transfer of control is pro forma; or ( 6 ) The application for assignment or transfer of control is filed on or after the date the licensee has notified the Commission pursuant to § 24.203(c) that its five-year construction requirement has been satisfied. ( b ) If the assignment or transfer of control of a license is approved, the assignee or transferee is subject to the original construction requirement of § 24.203 of this part . [ 63 FR 68953 , Dec. 14, 1998, as amended at 65 FR 53638 , Sept. 5, 2000] §§ 24.840-24.844 [Reserved]
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PART 13—COMMERCIAL RADIO OPERATORS Authority: 47 U.S.C. 154 , 303 . Source: 58 FR 9124 , Feb. 19, 1993, unless otherwise noted. General § 13.1 Basis and purpose. ( a ) Basis. The basis for the rules contained in this part is the Communications Act of 1934, as amended, and applicable treaties and agreements to which the United States is a party. ( b ) Purpose. The purpose of the rules in this part is to prescribe the manner and conditions under which commercial radio operators are licensed by the Commission. § 13.3 Definitions. The definitions of terms used in part 13 are: ( a ) COLEM. Commercial operator license examination manager. ( b ) Commercial radio operator. A person holding a license or licenses specified in § 13.7(b) . ( c ) GMDSS. Global Maritime Distress and Safety System. ( d ) FCC. Federal Communications Commission. ( e ) International Morse Code. A dot-dash code as defined in International Telegraph and Telephone Consultative Committee (CCITT) Recommendation F.1 (1984), Division B, I. Morse code. ( f ) ITU. International Telecommunication Union. ( g ) PPC. Proof-of-Passing Certificate. ( h ) Question pool. All current examination questions for a designated written examination element. ( i ) Question set. A series of examination questions on a given examination selected from the current question pool. ( j ) Radio Regulations. The latest ITU Radio Regulations to which the United States is a party. § 13.5 Licensed commercial radio operator required. Rules that require FCC station licensees to have certain transmitter operation, maintenance, and repair duties performed by a commercial radio operator are contained in parts 80 and 87 of this chapter . [ 78 FR 23152 , Apr. 18, 2013] § 13.7 Classification of operator licenses and endorsements. ( a ) Commercial radio operator licenses issued by the FCC are classified in accordance with the Radio Regulations of the ITU. ( b ) There are twelve types of commercial radio operator licenses, certificates and permits (licenses). The license's ITU classification, if different from its name, is given in parentheses. ( 1 ) First Class Radiotelegraph Operator's Certificate. Beginning May 20, 2013, no applications for new First Class Radiotelegraph Operator's Certificates will be accepted for filing. ( 2 ) Second Class Radiotelegraph Operator's Certificate. Beginning May 20, 2013, no applications for new Second Class Radiotelegraph Operator's Certificates will be accepted for filing. ( 3 ) Third Class Radiotelegraph Operator's Certificate (radiotelegraph operator's special certificate). Beginning May 20, 2013, no applications for new Third Class Radiotelegraph Operator's Certificates will be accepted for filing. ( 4 ) Radiotelegraph Operator License. ( 5 ) General Radiotelephone Operator License (radiotelephone operator's general certificate). ( 6 ) Marine Radio Operator Permit (radiotelephone operator's restricted certificate). ( 7 ) Restricted Radiotelephone Operator Permit (radiotelephone operator's restricted certificate). ( 8 ) Restricted Radiotelephone Operator Permit-Limited Use (radiotelephone operator's restricted certificate). ( 9 ) GMDSS Radio Operator's License (general operator's certificate). ( 10 ) Restricted GMDSS Radio Operator's License (restricted operator's certificate). ( 11 ) GMDSS Radio Maintainer's License (technical portion of the first-class radio electronic certificate). ( 12 ) GMDSS Radio Operator/Maintainer License (general operator's certificate/technical portion of the first-class radio electronic certificate). ( c ) There are three license endorsements affixed by the FCC to provide special authorizations or restrictions. Endorsements may be affixed to the license(s) indicated in parentheses. ( 1 ) Ship Radar Endorsement (First and Second Class Radiotelegraph Operator's Certificates, Radiotelegraph Operator License, General Radiotelephone Operator License, GMDSS Radio Maintainer's License). ( 2 ) Six Months Service Endorsement (First and Second Class Radiotelegraph Operator's Certificates, Radiotelegraph Operator License) ( 3 ) Restrictive endorsements relating to physical disability, English language or literacy waivers, or other matters (all licenses). ( d ) A Restricted Radiotelephone Operator Permit-Limited Use issued by the FCC to an aircraft pilot who is not legally eligible for employment in the United States is valid only for operating radio stations on aircraft. ( e ) A Restricted Radiotelephone Operator Permit-Limited Use issued by the FCC to a person under the provision of Section 303(1)(2) of the Communications Act of 1934, as amended, is valid only for the operation of radio stations for which that person is the station licensee. [ 58 FR 9124 , Feb. 19, 1993; 58 FR 12632 , Mar. 5, 1993, as amended at 68 FR 46958 , Aug. 7, 2003; 73 FR 4479 , Jan. 25, 2008; 78 FR 23152 , Apr. 18, 2013] § 13.8 Authority conveyed. Licenses, certificates and permits issued under this part convey authority for the operating privileges of other licenses, certificates, and permits issued under this part as specified below: ( a ) A First Class Radiotelegraph Operator's Certificate conveys all of the operating authority of the Second Class Radiotelegraph Operator's Certificate, the Third Class Radiotelegraph Operator's Certificate, the Radiotelegraph Operator License, the Restricted Radiotelephone Operator Permit, and the Marine Radio Operator Permit. ( b ) A Radiotelegraph Operator License conveys all of the operating authority of the Second Class Radiotelegraph Operator's Certificate, which conveys all of the operating authority of the Third Class Radiotelegraph Operator's Certificate, the Restricted Radiotelephone Operator Permit, and the Marine Radio Operator Permit. ( c ) A Third Class Radiotelegraph Operator's Certificate conveys all of the operating authority of the Restricted Radiotelophone Operator Permit and the Marine Radio Operator Permit. ( d ) A General Radiotelephone Operator License conveys all of the operating authority of the Marine Radio Operator Permit and the Restricted Radiotelephone Operator Permit. ( e ) A GMDSS Radio Operator's License conveys all of the operating authority of the Marine Radio Operator Permit and the Restricted Radiotelephone Operator Permit. ( f ) A GMDSS Radio Maintainer's License conveys all of the operating authority of the General Radiotelephone Operator License, the Marine Radio Operator Permit, and the Restricted Radiotelephone Operator Permit. ( g ) A Marine Radio Operator Permit conveys all of the authority of the Restricted Radiotelephone Operator Permit. [ 64 FR 53240 , Oct. 1, 1999, as amended at 78 FR 23152 , Apr. 18, 2013] § 13.9 Eligibility and application for new license or endorsement. ( a ) If found qualified, the following persons are eligible to apply for commercial radio operator licenses: ( 1 ) Any person legally eligible for employment in the United States. ( 2 ) Any person, for the purpose of operating aircraft radio stations, who holds: ( i ) United States pilot certificates; or ( ii ) Foreign aircraft pilot certificates which are valid in the United States, if the foreign government involved has entered into a reciprocal agreement under which such foreign government does not impose any similar requirement relating to eligibility for employment upon United States citizens. ( 3 ) Any person who holds a FCC radio station license, for the purpose of operating that station. ( 4 ) Notwithstanding any other provisions of the FCC's rules, no person shall be eligible to be issued a commercial radio operator license when ( i ) The person's commercial radio operator license is suspended, or ( ii ) The person's commercial radio operator license is the subject of an ongoing suspension proceeding, or ( iii ) The person is afflicted with complete deafness or complete muteness or complete inability for any other reason to transmit correctly and to receive correctly by telephone spoken messages in English. ( b ) Each application for a new General Radiotelephone Operator License, Marine Radio Operator Permit, Radiotelegraph Operator License, Ship Radar Endorsement, Six Months Service Endorsement, GMDSS Radio Operator's License, Restricted GMDSS Radio Operator's License, GMDSS Radio Maintainer's License, GMDSS Radio Operator/Maintainer License, Restricted Radiotelephone Operator Permit, or Restricted Radiotelephone Operator Permit-Limited Use must be filed on FCC Form 605 in accordance with § 1.913 of this chapter . ( c ) Each application for a new General Radiotelephone Operator License, Marine Radio Operator Permit, Radiotelegraph Operator License, Ship Radar Endorsement, GMDSS Radio Operator's License, Restricted GMDSS Radio Operator's License, GMDSS Radio Maintainer's License, or GMDSS Radio Operator/Maintainer License must be accompanied by the required fee, if any, and submitted in accordance with § 1.913 of this chapter . The application must include an electronic copy of the official PPC(s) from a COLEM(s) showing that the applicant has passed the necessary examination Element(s) within the previous 365 days when the applicant files the application. If a COLEM files the application on behalf of the applicant, an official copy of the PPC(s) is not required. However, the COLEM must keep the PPC(s) on file for a period of 1 year. When acting on behalf of qualified examinees, the COLEM must forward all required data to the FCC electronically. ( d ) An applicant will be given credit for an examination element as specified below: ( 1 ) An unexpired (or within the grace period) FCC-issued commercial radio operator license: Except as noted in paragraph (d)(3) of this section, the written examination and telegraphy Element(s) required to obtain the license held; ( 2 ) An expired or unexpired FCC-issued Amateur Extra Class operator license grant granted before April 15, 2000: Telegraphy Elements 1 and 2; and ( 3 ) An FCC-issued Third Class Radiotelegraph Operator's Certificate that was renewed as a Marine Radio Operator Permit ( see § 13.13(b) of this chapter ) that is unexpired (or within the grace period): Telegraphy Elements 1 and 2. ( e ) Provided that a person's commercial radio operator license was not revoked, or suspended, and is not the subject of an ongoing suspension proceeding, a person whose application for a commercial radio operator license has been received by the FCC but which has not yet been acted upon and who holds a PPC(s) indicating that he or she passed the necessary examination(s) within the previous 365 days, is authorized to exercise the rights and privileges of the operator license for which the application was received. This authority is valid for a period of 90 days from the date the application was received. The FCC, in its discretion, may cancel this temporary conditional operating authority without a hearing. ( f ) Each application for a new six months service endorsement must be submitted in accordance with § 1.913 of this chapter . The application must include documentation showing that: ( 1 ) The applicant was employed as a radio operator on board a ship or ships of the United States for a period totaling at least six months; ( 2 ) The ships were equipped with a radio station complying with the provisions of part II of title III of the Communications Act, or the ships were owned and operated by the U.S. Government and equipped with radio stations; ( 3 ) The ships were in service during the applicable six month period and no portion of any single in-port period included in the qualifying six months period exceeded seven days; ( 4 ) The applicant held a FCC-issued First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, or Radiotelegraph Operator License during this entire six month qualifying period; and ( 5 ) The applicant holds a radio officer's license issued by the U.S. Coast Guard at the time the six month endorsement is requested. ( g ) No person shall alter, duplicate for fraudulent purposes, or fraudulently obtain or attempt to obtain an operator license. No person shall use a license issued to another or a license that he or she knows to be altered, duplicated for fraudulent purposes, or fraudulently obtained. No person shall obtain or attempt to obtain, or assist another person to obtain or attempt to obtain, an operator license by fraudulent means. [ 58 FR 9124 , Feb. 19, 1993, as amended at 59 FR 3795 , Jan. 27, 1994; 60 FR 27699 , May 25, 1995; 63 FR 68942 , Dec. 14, 1998; 66 FR 20752 , Apr. 25, 2001; 68 FR 46958 , Aug. 7, 2003; 78 FR 23152 , Apr. 18, 2013; 85 FR 85531 , Dec. 29, 2020] § 13.10 Licensee address. In accordance with § 1.923 of this chapter , all applicants (except applicants for a Restricted Radiotelephone Operator Permit or a Restricted Radiotelephone Operator Permit-Limited Use) must specify an email address where the applicant can receive electronic correspondence. Suspension of the operator license may result when correspondence from the FCC is returned as undeliverable because the applicant failed to provide the correct email address. [ 85 FR 85531 , Dec. 29, 2020] § 13.11 Holding more than one commercial radio operator license. ( a ) An eligible person may hold more than one commercial operator license. ( 1 ) No person may hold two or more unexpired radiotelegraph operator's certificates at the same time; ( 2 ) No person may hold any class of radiotelegraph operator's certificate and a Marine Radio Operator Permit; ( 3 ) No person may hold any class of radiotelegraph operator's certificate and a Restricted Radiotelephone Operator Permit. ( b ) Each person who is not legally eligible for employment in the United States, and certain other persons who were issued permits prior to September 13, 1982, may hold two Restricted Radiotelephone Operator Permits simultaneously when each permit authorizes the operation of a particular station or class of stations. [ 58 FR 9124 , Feb. 19, 1993, as amended at 78 FR 23153 , Apr. 18, 2013] § 13.13 Application for a renewed or modified license. ( a ) Each application to renew a First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, Third Class Radiotelegraph Operator's Certificate, or Radiotelegraph Operator License must be made on FCC Form 605. The application must be accompanied by the appropriate fee and submitted in accordance with § 1.913 of this chapter . Beginning May 20, 2013, First and Second Class Radiotelegraph Operator's Certificates will be renewed as Radiotelegraph Operator Licenses, and Third Class Radiotelegraph Operator's Certificates will be renewed as Marine Radio Operator Permits. ( b ) If a license expires, application for renewal may be made during a grace period of five years after the expiration date without having to retake the required examinations. The application must be accompanied by the required fee and submitted in accordance with § 1.913 of this chapter . During the grace period, the expired license is not valid. A license renewed during the grace period will be effective as of the date of the renewal. Licensees who fail to renew their licenses within the grace period must apply for a new license and take the required examination(s). Beginning May 20, 2013, no applications for new First, Second, or Third Class Radiotelegraph Operator's Certificates will be accepted for filing. ( c ) Each application involving a change in operator class must be filed on FCC Form 605. Each application for a commercial operator license involving a change in operator class must be accompanied by the required fee, if any, and submitted in accordance with § 1.913 of this chapter . The application must include an original PPC(s) from a COLEM(s) showing that the applicant has passed the necessary examination Element(s) within the previous 365 days when the applicant files the application. If a COLEM files the application on behalf of the applicant, an original PPC(s) is not required. However, the COLEM must keep the PPC(s) on file for a period of 1 year. When acting on behalf of qualified examinees, the COLEM must forward all required data to the FCC electronically. ( d ) Provided that a person's commercial radio operator license was not revoked, or suspended, and is not the subject of an ongoing suspension proceeding, a person holding a General Radiotelephone Operator License, Marine Radio Operator Permit, First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, Third Class Radiotelegraph Operator's Certificate, Radiotelegraph Operator License, GMDSS Radio Operator's License, GMDSS Radio Maintainer's License, or GMDSS Radio Operator/Maintainer License, who has an application for another commercial radio operator license which has not yet been acted upon pending at the FCC and who holds a PPC(s) indicating that he or she passed the necessary examination(s) within the previous 365 days, is authorized to exercise the rights and privileges of the license for which the application is filed. This temporary conditional operating authority is valid for a period of 90 days from the date the application is received. This temporary conditional operating authority does not relieve the licensee of the obligation to comply with the certification requirements of the Standards of Training, Certification and Watchkeeping (STCW) Convention. The FCC, in its discretion, may cancel this temporary conditional operating authority without a hearing. ( e ) An applicant will be given credit for an examination element as specified below: ( 1 ) An unexpired (or within the grace period) FCC-issued commercial radio operator license: Except as noted in paragraph (e)(3) of this section, the written examination and telegraphy Element(s) required to obtain the license held; ( 2 ) An expired or unexpired FCC-issued Amateur Extra Class operator license grant granted before April 15, 2000: Telegraphy Elements 1 and 2; and ( 3 ) An FCC-issued Third Class Radiotelegraph Operator's Certificate that was renewed as a Marine Radio Operator Permit ( see § 13.13(b) of this chapter ) that is unexpired (or within the grace period): Telegraphy Elements 1 and 2. [ 78 FR 23153 , Apr. 18, 2013] § 13.15 License term. First Class Radiotelegraph Operator's Certificates, Second Class Radiotelegraph Operator's Certificates, and Third Class Radiotelegraph Operator's Certificates are normally valid for a term of five years from the date of issuance. All other commercial radio operator licenses are normally valid for the lifetime of the holder. [ 78 FR 23153 , Apr. 18, 2013] § 13.17 Replacement license. ( a ) Each licensee or permittee whose original document is lost, mutilated, or destroyed may request a replacement. The application must be accompanied by the required fee and submitted to the address specified in part 1 of the rules. ( b ) Each application for a replacement General Radiotelephone Operator License, Marine Radio Operator Permit, First Class Radiotelegraph Operator's Certificate, Second Class Radiotelegraph Operator's Certificate, Third Class Radiotelegraph Operator's Certificate, Radiotelegraph Operator Certificate, GMDSS Radio Operator's License, Restricted GMDSS Radio Operator's License, GMDSS Radio Maintainer's License, or GMDSS Radio Operator/Maintainer License must be made on FCC Form 605 and must include a written explanation as to the circumstances involved in the loss, mutilation, or destruction of the original document. ( c ) Each application for a replacement Restricted Radiotelephone Operator Permit or Restricted Radiotelephone Operator Permit-Limited Use must be on FCC Form 605. ( d ) A licensee who has made application for a replacement license may exhibit a copy of the application submitted to the FCC or a photocopy of the license in lieu of the original document. [ 58 FR 9124 , Feb. 19, 1993, as amended at 63 FR 68942 , Dec. 14, 1998; 68 FR 46959 , Aug. 7, 2003; 78 FR 23154 , Apr. 18, 2013] § 13.19 Operator's responsibility. ( a ) The operator responsible for maintenance of a transmitter may permit other persons to adjust that transmitter in the operator's presence for the purpose of carrying out tests or making adjustments requiring specialized knowledge or skill, provided that he or she shall not be relieved thereby from responsibility for the proper operation of the equipment. ( b ) In every case where a station operating log or service and maintenance log is required, the operator responsible for the station operation or maintenance shall make the required entries in the station log. If no station log is required, the operator responsible for service or maintenance duties which may affect the proper operation of the station shall sign and date an entry in the station maintenance records giving: ( 1 ) Pertinent details of all service and maintenance work performed by the operator or conducted under his or her supervision; ( 2 ) His or her name and address; and ( 3 ) The class, serial number, and expiration date (if applicable) of the license when the FCC has issued the operator a license; or the PPC serial number(s) and date(s) of issue when the operator is awaiting FCC action on an application. ( c ) When the operator is on duty and in charge of transmitting systems, or performing service, maintenance or inspection functions, the license or permit document, or a photocopy thereof, or a copy of the application and PPC(s) received by the FCC, must be posted or in the operator's personal possession, and available for inspection upon request by a FCC representative. ( d ) The operator on duty and in charge of transmitting systems, or performing service, maintenance or inspection functions, shall not be subject to the requirements of paragraph (b) of this section at a station, or stations of one licensee at a single location, at which the operator is regularly employed and at which his or her license, or a photocopy, is posted. [ 58 FR 9124 , Feb. 19, 1993, as amended at 60 FR 27700 , May 25, 1995; 78 FR 23154 , Apr. 18, 2013] Examination System § 13.201 Qualifying for a commercial operator license or endorsement. ( a ) To be qualified to hold any commercial radio operator license, an applicant must have a satisfactory knowledge of FCC rules and must have the ability to send correctly and receive correctly spoken messages in the English language. ( b ) An applicant must pass an examination for the issuance of a new commercial radio operator license, other than the Restricted Radiotelephone Operator Permit and the Restricted Radiotelephone Operator Permit-Limited Use, and for each change in operator class. An applicant must pass an examination for the issuance of a new Ship Radar Endorsement. Each application for the class of license or endorsement specified below must pass, or otherwise receive credit for, the corresponding examination elements: ( 1 ) Radiotelegraph Operator License. ( i ) Telegraphy Elements 1 and 2; ( ii ) Written Elements 1 and 6. ( 2 ) General Radiotelephone Operator License: Written Elements 1 and 3. ( 3 ) Marine Radio Operator Permit: Written Element 1. ( 4 ) GMDSS Radio Operator's License: Written Elements 1 and 7, or a Proof of Passing Certificate (PPC) issued by the United States Coast Guard or its designee representing a certificate of competency from a Coast Guard-approved training course for a GMDSS endorsement. ( 5 ) Restricted GMDSS Radio Operator License: Written Elements 1 and 7R, or a Proof of Passing Certificate (PPC) issued by the United States Coast Guard or its designee representing a certificate of competency from a Coast Guard-approved training course for a GMDSS endorsement. ( 6 ) GMDSS Radio Maintainer's License: Written Elements 1, 3, and 9. ( 7 ) Ship Radar Endorsement: Written Element 8. [ 58 FR 9124 , Feb. 19, 1993, as amended at 59 FR 3795 , Jan. 27, 1994; 68 FR 46959 , Aug. 7, 2003; 78 FR 23154 , Apr. 18, 2013] § 13.203 Examination elements. ( a ) A written examination (written Element) must prove that the examinee possesses the operational and technical qualifications to perform the duties required by a person holding that class of commercial radio operator license. For each Element, the Commission shall establish through public notices or other appropriate means the number of questions to be included in the question pool, the number of questions to be included in the examination, and the number of questions that must be answered correctly to pass the examination. Each written examination must consist of questions relating to the pertinent subject matter, as follows: ( 1 ) Element 1: Basic radio law and operating practice with which every maritime radio operator should be familiar. Questions concerning provisions of laws, treaties, regulations, and operating procedures and practices generally followed or required in communicating by means of radiotelephone stations. ( 2 ) Element 3: General radiotelephone. Questions concerning electronic fundamentals and techniques required to adjust, repair, and maintain radio transmitters and receivers at stations licensed by the FCC in the aviation and maritime radio services. ( 3 ) Element 6: Advanced radiotelegraph. Questions concerning technical, legal and other matters applicable to the operation of all classes of radiotelegraph stations, including operating procedures and practices in the maritime mobile services of public correspondence, and associated matters such as radio navigational aids, message traffic routing and accounting, etc. ( 4 ) Element 7: GMDSS radio operating practices. Questions concerning GMDSS radio operating procedures and practices sufficient to show detailed practical knowledge of the operation of all GMDSS sub-systems and equipment; ability to send and receive correctly by radiotelephone and narrow-band direct-printing telegraphy; detailed knowledge of the regulations applying to radio communications, knowledge of the documents relating to charges for radio communications and knowledge of those provisions of the International Convention for the Safety of Life at Sea which relate to radio; sufficient knowledge of English to be able to express oneself satisfactorily both orally and in writing; knowledge of and ability to perform each function listed in § 80.1081 of this chapter ; and knowledge covering the requirements set forth in IMO Assembly Resolution on Training for Radio Personnel (GMDSS), Annex 3. ( 5 ) Element 7R: Restricted GMDSS radio operating practices. Questions concerning those GMDSS radio operating procedures and practices that are applicable to ship stations on vessels that sail exclusively in sea area A1, as defined in § 80.1069 of this chapter , sufficient to show detailed practical knowledge of the operation of pertinent GMDSS sub-systems and equipment; ability to send and receive correctly by radio telephone and narrow-band direct-printing telegraphy; detailed knowledge of the regulations governing radio communications within sea area A1, knowledge of the pertinent documents relating to charges for radio communications and knowledge of the pertinent provisions of the International Convention for the Safety of Life at Sea; sufficient knowledge of English to be able to express oneself satisfactorily both orally and in writing; knowledge of and ability to perform each pertinent function listed in § 80.1081 of this chapter ; and knowledge covering the pertinent requirements set forth in IMO Assembly Resolution on Training for Radio Personnel (GMDSS), Annex 3. ( 6 ) Element 8: Ship radar techniques. Questions concerning specialized theory and practice applicable to the proper installation, servicing and maintenance of ship radar equipment in general use for marine navigational purposes. ( 7 ) Element 9: GMDSS radio maintenance practices and procedures. Questions concerning the requirements set forth in IMO Assembly on Training for Radio Personnel (GMDSS), Annex 5 and IMO Assembly on Radio Maintenance Guidelines for the Global Maritime Distress and Safety System related to Sea Areas A3 and A4. ( b ) A telegraphy examination (telegraphy Elements) must prove that the examinee has the ability to send correctly by hand and to receive correctly by ear texts in the international Morse code at not less than the prescribed speed, using all the letters of the alphabet, numerals 0-9, period, comma, question mark, slant mark, and prosigns AR, BT, and SK. ( 1 ) Telegraphy Element 1: 16 code groups per minute. ( 2 ) Telegraphy Element 2: 20 words per minute. [ 58 FR 9124 , Feb. 19, 1993, as amended at 69 FR 64671 , Nov. 8, 2004; 73 FR 4479 , Jan. 25, 2008; 78 FR 23154 , Apr. 18, 2013] § 13.207 Preparing an examination. ( a ) Each telegraphy message and each written question set administered to an examinee for a commercial radio operator license must be provided by a COLEM. ( b ) Each question set administered to an examinee must utilize questions taken from the applicable Element question pool. The COLEM may obtain the written question sets from a supplier or other COLEM. ( c ) A telegraphy examination must consist of a plain language text or code group message sent in the international Morse code at no less than the prescribed speed for a minimum of five minutes. The message must contain each required telegraphy character at least once. No message known to the examinee may be administered in a telegraphy examination. Each five letters of the alphabet must be counted as one word or one code group. Each numeral, punctuation mark, and prosign must be counted as two letters of the alphabet. The COLEM may obtain the telegraphy message from a supplier or other COLEM. § 13.209 Examination procedures. ( a ) Each examination for a commercial radio operator license must be administered at a location and a time specified by the COLEM. The COLEM is responsible for the proper conduct and necessary supervision of each examination. The COLEM must immediately terminate the examination upon failure of the examinee to comply with its instructions. ( b ) Each examinee, when taking an examination for a commercial radio operator license, shall comply with the instructions of the COLEM. ( c ) No examination that has been compromised shall be administered to any examinee. Neither the same telegraphy message nor the same question set may be re-administered to the same examinee. ( d ) Passing a telegraphy examination. Passing a telegraphy receiving examination is adequate proof of an examinee's ability to both send and receive telegraphy. The COLEM, however, may also include a sending segment in a telegraphy examination. ( 1 ) To pass a receiving telegraphy examination, an examinee is required to receive correctly the message by ear, for a period of 1 minute without error at the rate of speed specified in § 13.203(b) . ( 2 ) To pass a sending telegraphy examination, an examinee is required to send correctly for a period of one minute at the rate of speed specified in § 13.203(b) . ( e ) The COLEM is responsible for determining the correctness of he examinee's answers. When the examinee does not score a passing grade on an examination element, the COLEM must inform the examinee of the grade. ( f ) No applicant who is eligible to apply for any commercial radio operator license shall, by reason of any physical disability, be denied the privilege of applying and being permitted to attempt to prove his or her qualifications (by examination if examination is required) for such commercial radio operator license in accordance with procedures established by the COLEM. ( g ) No applicant who is eligible to apply for any commercial radio operator license shall, by reason of any physical handicap, be denied the privilege of applying and being permitted to attempt to prove his or her qualifications (by examination if examination is required) for such commercial radio operator license in accordance with procedures established by the COLEM. ( h ) The COLEM must accommodate an examinee whose physical disabilities require a special examination procedure. The COLEM may require a physician's certification indicating the nature of the disability before determining which, if any, special procedures are appropriate to use. In the case of a blind examinee, the examination questions may be read aloud and the examinee may answer orally. A blind examinee wishing to use this procedure must make arrangements with the COLEM prior to the date the examination is desired. ( i ) The FCC may: ( 1 ) Administer any examination element itself. ( 2 ) Readminister any examination element previously administered by a COLEM, either itself or by designating another COLEM to readminister the examination element. ( 3 ) Cancel the commercial operator license(s) of any licensee who fails to appear for re-administration of an examination when directed by the FCC, or who fails any required element that is re-administered. In case of such cancellation, the person will be issued an operator license consistent with completed examination elements that have not been invalidated by not appearing for, or by failing, the examination upon re-administration. [ 58 FR 9124 , Feb. 19, 1993, as amended at 78 FR 23154 , Apr. 18, 2013] § 13.211 Commercial radio operator license examination. ( a ) Each session where an examination for a commercial radio operator license is administered must be managed by a COLEM or the FCC. ( b ) Each examination for a commercial radio operator license must be administered as determined by the COLEM. ( c ) The COLEM may limit the number of candidates at any examination. ( d ) The COLEM may prohibit from the examination area items the COLEM determines could compromise the integrity of an examination or distract examinees. ( e ) Within 3 business days of completion of the examination Element(s), the COLEM must provide the results of the examination to the examinee and the COLEM must issue a PPC to an examinee who scores a passing grade on an examination Element. ( f ) A PPC is valid for 365 days from the date it is issued. [ 58 FR 9124 , Feb. 19, 1993, as amended at 78 FR 23154 , Apr. 18, 2013] § 13.213 COLEM qualifications. No entity may serve as a COLEM unless it has entered into a written agreement with the FCC. In order to be eligible to be a COLEM, the entity must: ( a ) Agree to abide by the terms of the agreement; ( b ) Be capable of serving as a COLEM; ( c ) Agree to coordinate examinations for one or more types of commercial radio operator licenses and/or endorsements; ( d ) Agree to assure that, for any examination, every examinee eligible under these rules is registered without regard to race, sex, religion, national origin or membership (or lack thereof) in any organization; ( e ) Agree to make any examination records available to the FCC, upon request. ( f ) Agree not to administer an examination to an employee, relative, or relative of an employee. § 13.215 Question pools. The question pool for each written examination element will be composed of questions acceptable to the FCC. Each question pool must contain at least five (5) times the number of questions required for a single examination. The FCC will issue public announcements detailing the questions in the pool for each element. COLEMs must use only currently-authorized (through public notice or other appropriate means) question pools when preparing a question set for a written examination element. [ 73 FR 4479 , Jan. 25, 2008] § 13.217 Records. Each COLEM recovering fees from examinees must maintain records of expenses and revenues, frequency of examinations administered, and examination pass rates. Records must cover the period from January 1 to December 31 of the preceding year and must be submitted as directed by the Commission. Each COLEM must retain records for 3 years and the records must be made available to the FCC upon request. [ 78 FR 23154 , Apr. 18, 2013]
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PART 73—RADIO BROADCAST SERVICES Authority: 47 U.S.C. 154 , 155 , 301 , 303 , 307 , 309 , 310 , 334 , 336 , 339 . Subpart A—AM Broadcast Stations § 73.1 Scope. This subpart contains those rules which apply exclusively to the AM broadcast service and are in addition to those rules in Subpart H which are common to all AM, FM and TV broadcast services, commercial and noncommercial. [ 47 FR 8587 , Mar. 1, 1982] § 73.14 AM broadcast definitions. AM broadcast band. The band of frequencies extending from 535 to 1705 kHz. AM broadcast channel. The band of frequencies occupied by the carrier and the upper and lower sidebands of an AM broadcast signal with the carrier frequency at the center. Channels are designated by their assigned carrier frequencies. The 117 carrier frequencies assigned to AM broadcast stations begin at 540 kHz and progress in 10 kHz steps to 1700 kHz. (See § 73.21 for the classification of AM broadcast channels). AM broadcast station. A broadcast station licensed for the dissemination of radio communications intended to be received by the public and operated on a channel in the AM broadcast band. Amplitude modulated stage. The radio-frequency stage to which the modulator is coupled and in which the carrier wave is modulated in accordance with the system of amplitude modulation and the characteristics of the modulating wave. Amplitude modulator stage. The last amplifier stage of the modulating wave amplitude modulates a radio-frequency stage. Antenna current. The radio-frequency current in the antenna with no modulation. Antenna input power. The product of the square of the antenna current and the antenna resistance at the point where the current is measured. Antenna resistance. The total resistance of the transmitting antenna system at the operating frequency and at the point at which the antenna current is measured. Auxiliary facility. An auxiliary facility is an AM antenna tower(s) separate from the main facility's antenna tower(s), permanently installed at the same site or at a different location, from which an AM station may broadcast for short periods without prior Commission authorization or notice to the Commission while the main facility is not in operation (e.g., where tower work necessitates turning off the main antenna or where lightning has caused damage to the main antenna or transmission system) ( See § 73.1675 ). Blanketing. The interference which is caused by the presence of an AM broadcast signal of one volt per meter (V/m) or greater strengths in the area adjacent to the antenna of the transmitting station. The 1 V/m contour is referred to as the blanket contour and the area within this contour is referred to as the blanket area. Carrier-amplitude regulation (Carrier shift). The change in amplitude of the carrier wave in an amplitude-modulated transmitter when modulation is applied under conditions of symmetrical modulation. Combined audio harmonics. The arithmetical sum of the amplitudes of all the separate harmonic components. Root sum square harmonic readings may be accepted under conditions prescribed by the FCC. Critical hours. The two hour period immediately following local sunrise and the two hour period immediately preceding local sunset. Daytime. The period of time between local sunrise and local sunset. Effective field; Effective field strength. The root-mean-square (RMS) value of the inverse distance fields at a distance of 1 kilometer from the antenna in all directions in the horizontal plane. The term “field strength” is synonymous with the term “field intensity” as contained elsewhere in this Part. Equipment performance measurements. The measurements performed to determine the overall performance characteristics of a broadcast transmission system from point of program origination to sampling of signal as radiated. (See § 73.1590 ) Experimental period. the time between 12 midnight local time and local sunrise, used by AM stations for tests, maintenance and experimentation. Frequency departure. The amount of variation of a carrier frequency or center frequency from its assigned value. Incidental phase modulation. The peak phase deviation (in radians) resulting from the process of amplitude modulation. Input power. Means the product of the direct voltage applied to the last radio stage and the total direct current flowing to the last radio stage, measured without modulation. Intermittent service area. Means the area receiving service from the groundwave of a broadcast station but beyond the primary service area and subject to some interference and fading. Last radio stage. The radio-frequency power amplifier stage which supplies power to the antenna. Left (or right) signal. The electrical output of a microphone or combination of microphones placed so as to convey the intensity, time, and location of sounds originated predominately to the listener's left (or right) of the center of the performing area. Left (or right) stereophonic channel. The left (or right) signal as electrically reproduced in reception of AM stereophonic broadcasts. Main channel. The band of audio frequencies from 50 to 10,000 Hz which amplitude modulates the carrier. Maximum percentage of modulation. The greatest percentage of modulation that may be obtained by a transmitter without producing in its output, harmonics of the modulating frequency in excess of those permitted by these regulations. (See § 73.1570 ) Maximum rated carrier power. The maximum power at which the transmitter can be operated satisfactorily and is determined by the design of the transmitter and the type and number of vacuum tubes or other amplifier devices used in the last radio stage. Model I facility. A station operating in the 1605-1705 kHz band featuring fulltime operation with stereo, competitive technical quality, 10 kW daytime power, 1 kW nighttime power, non-directional antenna (or a simple directional antenna system), and separated by 400-800 km from other co-channel stations. Model II facility. A station operating in the 535-1605 kHz band featuring fulltime operation, competitive technical quality, wide area daytime coverage with nighttime coverage at least 15% of the daytime coverage. Modulation dependent carrier level (MDCL) control technologies. Transmitter control techniques that vary either the carrier power level or both the carrier and sideband power levels as a function of the modulation level. Nighttime. The period of time between local sunset and local sunrise. Nominal power. The antenna input power less any power loss through a dissipative network and, for directional antennas, without consideration of adjustments specified in paragraphs (b)(1) and (b)(2) of § 73.51 of the rules. However, for AM broadcast applications granted or filed before June 3, 1985, nominal power is specified in a system of classifications which include the following values: 50 kW, 25 kW, 10 kW, 5 kW, 2.5 kW, 1 kW, 0.5 kW, and 0.25 kW. The specified nominal power for any station in this group of stations will be retained until action is taken on or after June 3, 1985, which involves a change in the technical facilities of the station. Percentage modulation (amplitude) In a positive direction: M = MAX−C × 100 ————--—--— c In a negative direction: M = C−MIN × 100 ————-—--— c Where: M = Modulation level in percent. MAX = Instantaneous maximum level of the modulated radio frequency envelope. MIN = Instantaneous minimum level of the modulated radio frequency envelope. C = (Carrier) level of radio frequency envelope without modulation. Plate modulation. The modulation produced by introduction of the modulating wave into the plate circuit of any tube in which the carrier frequency wave is present. Primary service area. Means the service area of a broadcast station in which the groundwave is not subject to objectionable interference or objectionable fading. Proof of performance measurements or antenna proof of performance measurements. The measurements of field strengths made to determine the radiation pattern or characteristics of an AM directional antenna system. Secondary service area. Means the service area of a broadcast station served by the skywave and not subject to objectionable interference and in which the signal is subject to intermittent variations in strength. Stereophonic channel. The band of audio frequencies from 50 to 10,000 Hz containing the stereophonic information which modulates the radio frequency carrier. Stereophonic crosstalk. An undesired signal occurring in the main channel from modulation of the stereophonic channel or that occurring in the stereophonic channel from modulation of the main channel. Stereophonic pilot tone. An audio tone of fixed or variable frequency modulating the carrier during the transmission of stereophonic programs. Stereophonic separation. The ratio of the electrical signal caused in the right (or left) stereophonic channel to the electrical signal caused in the left (or right) stereophonic channel by the transmission of only a right (or left) signal. Sunrise and sunset. For each particular location and during any particular month, the time of sunrise and sunset as specified in the instrument of authorization (See § 73.1209 ). White area. The area or population which does not receive interference-free primary service from an authorized AM station or does not receive a signal strength of at least 1 mV/m from an authorized FM station. [ 47 FR 8587 , Mar. 1, 1982, as amended at 47 FR 13164 , Mar. 29, 1982; 47 FR 13812 , Apr. 1, 1982; 50 FR 18821 , May 2, 1985; 50 FR 47054 , Nov. 14, 1985; 56 FR 64856 , Dec. 12, 1991; 62 FR 51058 , Sept. 30, 1997; 66 FR 20755 , Apr. 25, 2001; 81 FR 2759 , Jan. 19, 2016; 82 FR 57882 , Dec. 8, 2017] § 73.21 Classes of AM broadcast channels and stations. ( a ) Clear channel. A clear channel is one on which stations are assigned to serve wide areas. These stations are protected from objectionable interference within their primary service areas and, depending on the class of station, their secondary service areas. Stations operating on these channels are classified as follows: ( 1 ) Class A station. A Class A station is an unlimited time station that operates on a clear channel and is designed to render primary and secondary service over an extended area and at relatively long distances from its transmitter. Its primary service area is protected from objectionable interference from other stations on the same and adjacent channels, and its secondary service area is protected from interference from other stations on the same channel. (See § 73.182 ). The operating power shall not be less than 10 kW nor more than 50 kW. (Also see § 73.25(a) ). ( 2 ) Class B station. Class B stations are authorized to operate with a minimum power of 0.25 kW (or, if less than 0.25 kW, an equivalent RMS antenna field of at least 107.5 mV/m at 1 kilometer) and a maximum power of 50 kW, or 10 kW for stations that are authorized to operate in the 1605-1705 kHz band. ( 3 ) Class D station. A Class D station operates either daytime, limited time or unlimited time with nighttime power less than 0.25 kW and an equivalent RMS antenna field of less than 107.5 mV/m at 1 kilometer. Class D stations shall operate with daytime powers not less than 0.25 kW nor more than 50 kW. Nighttime operations of Class D stations are not afforded protection and must protect all Class A and Class B operations during nighttime hours. New Class D stations that had not been previously licensed as Class B will not be authorized. ( b ) Regional Channel. A regional channel is one on which Class B and Class D stations may operate and serve primarily a principal center of population and the rural area contiguous thereto. Note: Until the North American Regional Broadcasting Agreement (NARBA) is terminated with respect to the Bahama Islands and the Dominican Republic, radiation toward those countries from a Class B station may not exceed the level that would be produced by an omnidirectional antenna with a transmitted power of 5 kW, or such lower level as will comply with NARBA requirements for protection of stations in the Bahama Islands and the Dominican Republic against objectionable interference. ( c ) Local channel. A local channel is one on which stations operate unlimited time and serve primarily a community and the suburban and rural areas immediately contiguous thereto. ( 1 ) Class C station. A Class C station is a station operating on a local channel and is designed to render service only over a primary service area that may be reduced as a consequence of interference in accordance with § 73.182 . The power shall not be less than 0.25 kW, nor more than 1 kW. Class C stations that are licensed to operate with 0.1 kW may continue to do so. [ 56 FR 64856 , Dec. 12, 1991, as amended at 81 FR 2759 , Jan. 19, 2016] § 73.23 AM broadcast station applications affected by international agreements. ( a ) Except as provided in paragraph (b) of this section, no application for an AM station will be accepted for filing if authorization of the facilities requested would be inconsistent with international commitments of the United States under treaties and other international agreements, arrangements and understandings. (See list of such international instruments in § 73.1650(b) ). Any such application that is inadvertently accepted for filing will be dismissed. ( b ) AM applications that involve conflicts only with the North American Regional Broadcasting Agreement (NARBA), but that are in conformity with the remaining treaties and other international agreements listed in § 73.1650(b) and with the other requirements of this part 73, will be granted subject to such modifications as the FCC may subsequently find appropriate, taking international considerations into account. ( c ) In the case of any application designated for hearing on issues other than those related to consistency with international relationships and as to which no final decision has been rendered, whenever action under this section becomes appropriate because of inconsistency with international relationships, the applicant involved shall, notwithstanding the provisions §§ 73.3522 and 73.3571 , be permitted to amend its application to achieve consistency with such relationships. In such cases the provisions of § 73.3605(c) will apply. ( d ) In some circumstances, special international considerations may require that the FCC, in acting on applications, follow procedures different from those established for general use. In such cases, affected applicants will be informed of the procedures to be followed. [ 56 FR 64856 , Dec. 12, 1991] § 73.24 Broadcast facilities; showing required. An authorization for a new AM broadcast station or increase in facilities of an existing station will be issued only after a satisfactory showing has been made in regard to the following, among others: ( a ) That the proposed assignment will tend to effect a fair, efficient, and equitable distribution of radio service among the several states and communities. ( b ) That a proposed new station (or a proposed change in the facilities of an authorized station) complies with the pertinent requirements of § 73.37 of this chapter . ( c ) That the applicant is financially qualified to construct and operate the proposed station. ( d ) That the applicant is legally qualified. That the applicant (or the person or persons in control of an applicant corporation or other organization) is of good character and possesses other qualifications sufficient to provide a satisfactory public service. ( e ) That the technical equipment proposed, the location of the transmitter, and other technical phases of operation comply with the regulations governing the same, and the requirements of good engineering practice. ( f ) That the facilities sought are subject to assignment as requested under existing international agreements and the rules and regulations of the Commission. ( g ) That the population within the 1 V/m contour does not exceed 1.0 percent of the population within the 25 mV/m contour: Provided, however, That where the number of persons within the 1 V/m contour is 300 or less the provisions of this paragraph are not applicable. ( h ) That, in the case of an application for a Class B or Class D station on a clear channel, the proposed station would radiate, during two hours following local sunrise and two hours preceding local sunset, in any direction toward the 0.1 mV/m groundwave contour of a co-channel United States Class A station, no more than the maximum value permitted under the provisions of § 73.187 . ( i ) That, for all proposals for new stations, applications to modify a construction permit for an unlicensed station, and all applications to change a station's community of license, the daytime 5 mV/m contour encompasses the entire principal community to be served. That, for all other applications for modification of licensed stations, the daytime 5 mV/m contour encompasses either 50 percent of the area, or 50 percent of the population, of the principal community to be served. That, for all proposals for new stations in the 535-1605 kHz band, applications to modify a construction permit for an unlicensed station, or applications to change a station's community of license, either 50 percent of the area, or 50 percent of the population of the principal community is encompassed by the nighttime 5 mV/m contour or the nighttime interference-free contour, whichever value is higher. That, for stations in the 1605-1705 kHz band, 50 percent of the principal community is encompassed by the nighttime 5 mV/m contour or the nighttime interference-free contour, whichever value is higher. That Class D stations with nighttime authorizations need not demonstrate such coverage during nighttime operation. ( j ) That the public interest, convenience, and necessity will be served through the operation under the proposed assignment. [ 28 FR 13574 , Dec. 14, 1963, as amended at 38 FR 5874 , Mar. 5, 1973; 49 FR 43960 , Nov. 1, 1984; 50 FR 40014 , Oct. 1, 1985; 52 FR 11654 , Apr. 10, 1987; 53 FR 1031 , Jan. 15, 1988; 56 FR 64857 , Dec. 12, 1991; 81 FR 2759 , Jan. 19, 2016] § 73.25 Clear channels; Class A, Class B and Class D stations. The frequencies in the following tabulations are designated as clear channels and assigned for use by the Classes of stations given: ( a ) On each of the following channels, one Class A station may be assigned, operating with power of 50 kW: 640, 650, 660, 670, 700, 720, 750, 760, 770, 780, 820, 830, 840, 870, 880, 890, 1020, 1030, 1040, 1100, 1120, 1160, 1180, 1200, and 1210 kHz. In Alaska, these frequencies can be used by Class A stations subject to the conditions set forth in § 73.182(a)(1)(ii) . On the channels listed in this paragraph, Class B and Class D stations may be assigned. ( b ) To each of the following channels there may be assigned Class A, Class B and Class D stations: 680, 710, 810, 850, 940, 1000, 1060, 1070, 1080, 1090, 1110, 1130, 1140, 1170, 1190, 1500, 1510, 1520, 1530, 1540, 1550, and 1560 kHz. Note: Until superseded by a new agreement, protection of the Bahama Islands shall be in accordance with NARBA. Accordingly, a Class A, Class B or Class D station on 1540 kHz shall restrict its signal to a value no greater than 5 µV/m groundwave or 25 µV/m-10% skywave at any point of land in the Bahama Islands, and such stations operating nighttime ( i.e. , sunset to sunrise at the location of the U.S. station) shall be located not less than 650 miles from the nearest point of land in the Bahama Islands. ( c ) Class A, Class B and Class D stations may be assigned on 540, 690, 730, 740, 800, 860, 900, 990, 1010, 1050, 1220, 1540, 1570, and 1580 kHz. [ 28 FR 13574 , Dec. 14, 1963, as amended at 33 FR 4410 , Mar. 12, 1968; 35 FR 18052 , Nov. 25, 1970; 47 FR 27862 , June 28, 1982; 49 FR 43960 , Nov. 1, 1984; 50 FR 24520 , June 11, 1985; 52 FR 47568 , Dec. 15, 1987; 53 FR 1031 , Jan. 15, 1988; 54 FR 39736 , Sept. 28, 1989; 56 FR 64857 , Dec. 12, 1991] § 73.26 Regional channels; Class B and Class D stations. ( a ) The following frequencies are designated as regional channels and are assigned for use by Class B and Class D stations: 550, 560, 570, 580, 590, 600, 610, 620, 630, 790, 910, 920, 930, 950, 960, 970, 980, 1150, 1250, 1260, 1270, 1280, 1290, 1300, 1310, 1320, 1330, 1350, 1360, 1370, 1380, 1390, 1410, 1420, 1430, 1440, 1460, 1470, 1480, 1590, 1600, 1610, 1620, 1630, 1640, 1650, 1660, 1670, 1680, 1690, and 1700 kHz. ( b ) Additionally, in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands the frequencies 1230, 1240, 1340, 1400, 1450, and 1490 kHz are designated as Regional channels, and are assigned for use by Class B stations. Stations formerly licensed to these channels in those locations as Class C stations are redesignated as Class B stations. [ 56 FR 64857 , Dec. 12, 1991] § 73.27 Local channels; Class C stations. Within the conterminous 48 states, the following frequencies are designated as local channels, and are assigned for use by Class C stations: 1230, 1240, 1340, 1400, 1450, and 1490 kHz. [ 56 FR 64857 , Dec. 12, 1991] § 73.28 Assignment of stations to channels. ( a ) The Commission will not make an AM station assignment that does not conform with international requirements and restrictions on spectrum use that the United States has accepted as a signatory to treaties, conventions, and other international agreements. See § 73.1650 for a list of pertinent treaties, conventions and agreements, and § 73.23 for procedural provisions relating to compliance with them. ( b ) Engineering standards now in force domestically differ in some respects from those specified for international purposes. The engineering standards specified for international purposes (see § 73.1650 , International Agreements) will be used to determine: ( 1 ) The extent to which interference might be caused by a proposed station in the United States to a station in another country; and ( 2 ) whether the United States should register an objection to any new or changed assignment notified by another country. The domestic standards in effect in the United States will be used to determine the extent to which interference exists or would exist from a foreign station where the value of such interference enters into a calculation of: ( i ) The service to be rendered by a proposed operation in the United States; or ( ii ) the permissible interfering signal from one station in the United States to another United States station. [ 28 FR 13574 , Dec. 14, 1963, as amended at 29 FR 9499 , July 11, 1964; 49 FR 32358 , Aug. 14, 1984; 50 FR 18821 , May 2, 1985; 54 FR 39736 , Sept. 28, 1989; 56 FR 64857 , Dec. 12, 1991] § 73.29 Class C stations on regional channels. No license will be granted for the operation of a Class C station on a regional channel. [ 56 FR 64857 , Dec. 12, 1991] § 73.30 Petition for authorization of an allotment in the 1605-1705 kHz band. ( a ) Any party interested in operating an AM broadcast station on one of the ten channels in the 1605-1705 kHz band must file a petition for the establishment of an allotment to its community of license. Each petition must include the following information: ( 1 ) Name of community for which allotment is sought; ( 2 ) Frequency and call letters of the petitioner's existing AM operation; and ( 3 ) Statement as to whether or not AM stereo operation is proposed for the operation in the 1605-1705 kHz band. ( b ) Petitions are to be filed during a filing period to be determined by the Commission. For each filing period, eligible stations will be allotted channels based on the following steps: ( 1 ) Stations are ranked in descending order according to the calculated improvement factor. ( 2 ) The station with the highest improvement factor is initially allotted the lowest available channel. ( 3 ) Successively, each station with the next lowest improvement factor, is allotted an available channel taking into account the possible frequency and location combinations and relationship to previously selected allotments. If a channel is not available for the subject station, previous allotments are examined with respect to an alternate channel, the use of which would make a channel available for the subject station. ( 4 ) When it has been determined that, in accordance with the above steps, no channel is available for the subject station, that station is no longer considered and the process continues to the station with the next lowest improvement factor. ( c ) If awarded an allotment, a petitioner will have sixty (60) days from the date of public notice of selection to file an application for construction permit on FCC Form 301. (See §§ 73.24 and 73.37(e) for filing requirements). Unless instructed by the Commission to do otherwise, the application shall specify Model I facilities. (See § 73.14 ). Upon grant of the application and subsequent construction of the authorized facility, the applicant must file a license application on FCC Form 302. Note 1: Until further notice by the Commission, the filing of these petitions is limited to licensees of existing AM stations (excluding Class C stations) operating in the 535-1605 kHz band. First priority will be assigned to Class D stations located within the primary service contours of U.S. Class A stations that are licensed to serve communities of 100,000 or more for which there exists no local fulltime aural service. Note 2: Selection among competing petitions will be based on interference reduction. Notwithstanding the exception contained in Note 5 of this section, within each operational category, the station demonstrating the highest value of improvement factor will be afforded the highest priority for an allotment, with the next priority assigned to the station with next lowest value, and so on, until available allotments are filled. Note 3: The Commission will periodically evaluate the progress of the movement of stations from the 535-1605 kHz band to the 1605-1705 kHz band to determine whether the 1605-1705 kHz band should continue to be administered on an allotment basis or modified to an assignment method. If appropriate, the Commission will later develop further procedures for use of the 1605-1705 kHz band by existing station licensees and others. Note 4: Other than the exception specified in note 1 of this section, existing fulltime stations are considered first for selection as described in note 2 of this section. In the event that an allotment availability exists for which no fulltime station has filed a relevant petition, such allotment may be awarded to a licensed Class D station. If more than one Class D station applies for this migration opportunity, the following priorities will be used in the selection process: First priority—a Class D station located within the 0.5 mV/m-50% contour of a U.S. Class A station and licensed to serve a community of 100,000 or more, for which there exists no local fulltime aural service; Second priority—Class D stations ranked in order of improvement factor, from highest to lowest, considering only those stations with improvement factors greater than zero. Note 5: The preference for AM stereo in the expanded band will be administered as follows: when an allotment under consideration (candidate allotment) conflicts with one or more previously selected allotments (established allotments) and cannot be accommodated in the expanded band, the candidate allotment will be substituted for the previously established allotment provided that: the petitioner for the candidate allotment has made a written commitment to the use of AM stereo and the petitioner for the established allotment has not; the difference between the ranking factors associated with the candidate and established allotments does not exceed 10% of the ranking factor of the candidate allotment; the substitution will not require the displacement of more than one established allotment; and both the candidate allotment and the established allotment are within the same priority group. [ 58 FR 27949 , May 12, 1993] § 73.31 Rounding of nominal power specified on applications. ( a ) An application filed with the FCC for a new station or for an increase in power of an existing station shall specify nominal power rounded to two significant figures as follows: Nominal power (kW) Rounded down to nearest figure (kW) Below 0.25 0.001 0.25 to 0.99 0.01 1 to 9.9 0.1 10 to 50 1 ( b ) In rounding the nominal power in accordance with paragraph (a) of this section the RMS shall be adjusted accordingly. If rounding upward to the nearest figure would result in objectionable interference, the nominal power specified on the application is to be rounded downward to the next nearest figure and the RMS adjusted accordingly. [ 50 FR 18821 , May 2, 1985, as amended at 53 FR 1031 , Jan. 15, 1988] § 73.33 Antenna systems; showing required. ( a ) An application for authority to install a broadcast antenna shall specify a definite site and include full details of the antenna design and expected performance. ( b ) All data necessary to show compliance with the terms and conditions of the construction permit must be filed with the license application. If the station is using a directional antenna, a proof of performance must also be filed. [ 28 FR 13574 , Dec. 14, 1963, as amended at 37 FR 25840 , Dec. 5, 1972] § 73.35 Calculation of improvement factors. A petition for an allotment (See § 73.30 ) in the 1605-1705 kHz band filed by an existing fulltime AM station licensed in the 535-1605 kHz band will be ranked according to the station's calculated improvement factor. (See § 73.30 ). Improvement factors relate to both nighttime and daytime interference conditions and are based on two distinct considerations: (a) Service area lost by other stations due to interference caused by the subject station, and (b) service area of the subject station. These considerations are represented by a ratio. The ratio consists, where applicable, of two separate additive components, one for nighttime and one for daytime. For the nighttime component, to determine the numerator of the ratio (first consideration), calculate the RSS and associated service area of the stations (co- and adjacent channel) to which the subject station causes nighttime interference. Next, repeat the RSS and service area calculations excluding the subject station. The cumulative gain in the above service area is the numerator of the ratio. The denominator (second consideration) is the subject station's interference-free service area. For the daytime component, the composite amount of service lost by co-channel and adjacent channel stations, each taken individually, that are affected by the subject station, excluding the effects of other assignments during each study, will be used as the numerator of the daytime improvement factor. The denominator will consist of the actual daytime service area (0.5 mV/m contour) less any area lost to interference from other assignments. The value of this combined ratio will constitute the petitioner's improvement factor. Notwithstanding the requirements of § 73.153 , for uniform comparisons and simplicity, measurement data will not be used for determining improvement factors and FCC figure M-3 ground conductivity values are to be used exclusively in accordance with the pertinent provisions of § 73.183(c)(1) . [ 56 FR 64858 , Dec. 12, 1991] § 73.37 Applications for broadcast facilities, showing required. ( a ) No application will be accepted for a new station if the proposed operation would involve overlap of signal strength contours with any other station as set forth below in this paragraph; and no application will be accepted for a change of the facilities of an existing station if the proposed change would involve such overlap where there is not already such overlap between the stations involved: Frequency separation (kHz) Contour of proposed station (classes B, C and D) (mV/m) Contour of any other station (mV/m) 0 0.005 0.025 0.500 0.100 (Class A). 0.500(Other classes). 0.025 (All classes). 10 0.250 0.500 0.500(All classes). 0.250 (All classes). 20 5 5 5 (All classes). 5 (All classes). 30 25 25 (All classes). ( b ) In determining overlap received, an application for a new Class C station with daytime power of 250 watts, or greater, shall be considered on the assumption that both the proposed operation and all existing Class C stations operate with 250 watts and utilize non-directional antennas. ( c ) If otherwise consistent with the public interest, an application requesting an increase in the daytime power of an existing Class C station on a local channel from 250 watts to a maximum of 1kW, or from 100 watts to a maximum of 500 watts, may be granted notwithstanding overlap prohibited by paragraph (a) of this section. In the case of a 100 watt Class C station increasing daytime power, the provisions of this paragraph shall not be construed to permit an increase in power to more than 500 watts, if prohibited overlap would be involved, even if successive applications should be tendered. ( d ) In addition to demonstrating compliance with paragraphs (a), and, as appropriate, (b), and (c) of this section, an application for a new AM broadcast station, or for a major change (see § 73.3571(a)(1) ) in an authorized AM broadcast station, as a condition for its acceptance, shall make a satisfactory showing, if new or modified nighttime operation by a Class B station is proposed, that objectionable interference will not result to an authorized station, as determined pursuant to § 73.182(1) . ( e ) An application for an authorization in the 1605-1705 kHz band which has been selected through the petition process (See § 73.30 ) is not required to demonstrate compliance with paragraph (a) , (b) , (c) , or (d) of this section. Instead, the applicant need only comply with the terms of the allotment authorization issued by the Commission in response to the earlier petition for establishment of a station in the 1605-1705 kHz band. Within the allotment authorization, the Commission will specify the assigned frequency and the applicable technical requirements. ( f ) Stations on 1580, 1590 and 1600 kHz. In addition to the rules governing the authorization of facilities in the 535-1605 kHz band, stations on these frequencies seeking facilities modifications must protect assignments in the 1610-1700 kHz band. Such protection shall be afforded in a manner which considers the spacings that occur or exist between the subject station and a station within the range 1605-1700 kHz. The spacings are the same as those specified for stations in the frequency band 1610-1700 kHz or the current separation distance, whichever is greater. Modifications that would result in a spacing or spacings that fails to meet any of the separations must include a showing that appropriate adjustment has been made to the radiated signal which effectively results in a site-to-site radiation that is equivalent to the radiation of a station with standard Model I facilities (10 kW-D, 1 kW-N, non-DA, 90 degree antenna ht. & ground system) operating in compliance with all of the above separation distances. In those cases where that radiation equivalence value is already exceeded, a station may continue to maintain, but not increase beyond that level. Note 1: In the case of applications for changes in the facilities of AM broadcast stations covered by this section, an application will be accepted even though overlap of field strength contours as mentioned in this section would occur with another station in an area where such overlap does not already exist, if: (1) The total area of overlap with that station would not be increased; (2) There would be no net increase in the area of overlap with any other station; and (3) There would be created no area of overlap with any station with which overlap does not now exist. Note 2: The provisions of this section concerning prohibited overlap of field strength contours will not apply where: (1) The area of overlap lies entirely over sea water: or (2) The only overlap involved would be that caused to a foreign station, in which case the provisions of the applicable international agreement, as identified in § 73.1650 , will apply. When overlap would be received from a foreign station, the provisions of this section will apply, except where there would be overlap with a foreign station with a frequency separation of 20 kHz, in which case the provisions of the international agreement will apply in lieu of this section. Note 3: In determining the number of “authorized” aural transmission facilities in a given community, applications for that community in hearing or otherwise having protected status under specified “cut-off” procedures shall be considered as existing stations. In the event that there are two or more mutually exclusive protected applications seeking authorization for the proposed community it will be assumed that only one is “authorized.” Note 4: A “transmission facility” for a community is a station licensed to the community. Such a station provides a “transmission service” for that community. [ 56 FR 64858 , Dec. 12, 1991; 57 FR 43290 , Sept. 18, 1992] § 73.44 AM transmission system emission limitations. ( a ) The emissions of stations in the AM service shall be attenuated in accordance with the requirements specified in paragraph (b) of this section. Emissions shall be measured using a properly operated and suitable swept-frequency RF spectrum analyzer using a peak hold duration of 10 minutes, no video filtering, and a 300 Hz resolution bandwidth, except that a wider resolution bandwidth may be employed above 11.5 kHz to detect transient emissions. Alternatively, other specialized receivers or monitors with appropriate characteristics may be used to determine compliance with the provisions of this section, provided that any disputes over measurement accuracy are resolved in favor of measurements obtained by using a calibrated spectrum analyzer adjusted as set forth above. ( b ) Emissions 10.2 kHz to 20 kHz removed from the carrier must be attenuated at least 25 dB below the unmodulated carrier level, emissions 20 kHz to 30 kHz removed from the carrier must be attenuated at least 35 dB below the unmodulated carrier level, emissions 30 kHz to 60 kHz removed from the carrier must be attenuated at least [5 + 1 dB/kHz] below the unmodulated carrier level, and emissions between 60 kHz and 75 kHz of the carrier frequency must be attenuated at least 65 dB below the unmodulated carrier level. Emissions removed by more than 75 kHz must be attenuated at least 43 + 10 Log (Power in watts) or 80 dB below the unmodulated carrier level, whichever is the lesser attenuation, except for transmitters having power less than 158 watts, where the attenuation must be at least 65 dB below carrier level. ( c ) Should harmful interference be caused to the reception of other broadcast or non-broadcast stations by out of band emissions, the licensee may be directed to achieve a greater degree of attentuation than specified in paragraphs (a) and (b) of this section. ( d ) Measurements to determine compliance with this section for transmitter type acceptance are to be made using signals sampled at the output terminals of the transmitter when operating into an artificial antenna of substantially zero reactance. Measurements made of the emissions of an operating station are to be made at ground level approximately 1 kilometer from the center of the antenna system. When a directional antenna is used, the carrier frequency reference field strength to be used in order of preference shall be: ( 1 ) The measure non-directional field strength. ( 2 ) The RMS field strength determined from the measured directional radiation pattern. ( 3 ) The calculated expected field strength that would be radiated by a non-directional antenna at the station authorized power. ( e ) Licensees of stations complying with the ANSI/EIA-549-1988, NRSC-1 AM Preemphasis/Deemphasis and Broadcast Transmission Bandwidth Specifications (NRSC-1), prior to June 30, 1990 or from the original commencement of operation will, until June 30, 1994, be considered to comply with paragraphs (a) and (b) of this section, absent any reason for the Commission to believe otherwise. Such stations are waived from having to make the periodic measurements required in § 73.1590(a)(6) until June 30, 1994. However, licensees must make measurements to determine compliance with paragraphs (a) and (b) of this section upon receipt of an Official Notice of Violation or a Notice of Apparent Liability alleging noncompliance with those provisions, or upon specific request by the Commission. [ 47 FR 8588 , Mar. 1, 1982, as amended at 49 FR 3999 , Feb. 1, 1984] § 73.45 AM antenna systems. ( a ) All applicants for new, additional, or different AM station facilities and all licensees requesting authority to change the transmitting system site of an existing station must specify an antenna system, the efficiency of which complies with the requirements for the class and power of station. (See §§ 73.186 and 73.189 .) ( 1 ) An application for authority to install an AM broadcast antenna must specify a definite site and include full details of the antenna system design and expected performance. ( 2 ) All data necessary to show compliance with the terms and conditions of the construction permit must be filed with the application for the station license to cover the construction. If the station has constructed a directional antenna, a directional proof of performance must be filed. See §§ 73.150 through 73.157 . ( b ) The simultaneous use of a common antenna or antenna structure by more than one AM station or by a station of any other type or service may be authorized provided: ( 1 ) Engineering data are submitted showing that satisfactory operation of each station will be obtained without adversely affecting the operation of the other station(s). ( 2 ) The minimum field strength for each AM station complies with § 73.189(b) . ( c ) Should any changes be made or otherwise occur which would possibly alter the resistance of the antenna system, the licensee must commence the determination of the operating power by a method described in § 73.51(a)(1) or ( d ) . (If the changes are due to the addition of antennas to the AM tower, see § 1.30003 .) Upon completion of any necessary repairs or adjustments, or upon completion of authorized construction or modifications, the licensee must make a new determination of the antenna resistance using the procedures described in § 73.54 . Operating power should then be determined by a direct method as described in § 73.51 . Notification of the value of resistance of the antenna system must be filed with the FCC in Washington, DC as follows: ( 1 ) Whenever the measurements show that the antenna or common point resistance differs from that shown on the station authorization by more than 2%, FCC Form 302 must be filed with the information and measurement data specified in § 73.54(d) . ( 2 ) Whenever AM stations use direct reading power meters pursuant to § 73.51 , a letter notification to the FCC in Washington, DC, Attention: Audio Division, Media Bureau, must be filed in accordance with § 73.54(e) . [ 43 FR 53735 , Nov. 17, 1978, as amended at 45 FR 28141 , Apr. 28, 1980; 47 FR 8589 , Mar. 1, 1982; 50 FR 32416 , Aug. 12, 1985; 51 FR 2707 ; Jan. 21, 1986; 51 FR 26250 , July 22, 1986; 63 FR 33875 , June 22, 1998; 67 FR 13231 , Mar. 21, 2002; 78 FR 66298 , Nov. 5, 2013] § 73.49 AM transmission system fencing requirements. Antenna towers having radio frequency potential at the base (series fed, folded unipole, and insulated base antennas) must be enclosed within effective locked fences or other enclosures. Ready access must be provided to each antenna tower base for meter reading and maintenance purposes at all times. However, individual tower fences need not be installed if the towers are contained within a protective property fence. [ 51 FR 2707 , Jan. 21, 1986] § 73.51 Determining operating power. ( a ) Except in those circumstances described in paragraph (d) of this section, the operating power shall be determined by the direct method. The direct method consists of either: ( 1 ) using a suitable instrument for determining the antenna's input power directly from the RF voltage, RF current, and phase angle; or ( 2 ) calculating the product of the licensed antenna or common point resistance at the operating frequency (see § 73.54 ), and the square of the indicated unmodulated antenna current at that frequency, measured at the point where the resistance has been determined. ( b ) The authorized antenna input power for each station shall be equal to the nominal power for such station, with the following exceptions: ( 1 ) For stations with nominal powers of 5 kW, or less, the authorized antenna input power to directional antennas shall exceed the nominal power by 8 percent. ( 2 ) For stations with nominal powers in excess of 5 kW, the authorized antenna input power to directional antennas shall exceed the nominal power by 5.3 percent. ( 3 ) In specific cases, it may be necessary to limit the radiated field to a level below that which would result if normal power were delivered to the antenna. In such cases, excess power may be dissipated in the antenna feed circuit, the transmitter may be operated with power output at a level which is less than the rated carrier power, or a combination of the two methods may be used, subject to the conditions given in paragraph (c) of this section. ( i ) Where a dissipative network is employed, the authorized antenna current and resistance, and the authorized antenna input power shall be determined at the input terminals of the dissipative network. ( ii ) Where the authorized antenna input power is less than the nominal power, subject to the conditions set forth in paragraph (c) of this section, the transmitter may be operated at the reduced power level necessary to supply the authorized antenna input power. ( c ) Applications for authority to operate with antenna input power which is less than nominal power and/or to employ a dissipative network in the antenna system shall be made on FCC Form 302. The technical information supplied on section II-A of this form shall be that applying to the proposed conditions of operation. In addition, the following information shall be furnished, as pertinent: ( 1 ) Full details of any network employed for the purpose of dissipating radio frequency energy otherwise delivered to the antenna (see § 73.54 ). ( 2 ) A showing that the transmitter has been type accepted or notified for operation at the proposed power output level, or, in lieu thereof: ( i ) A full description of the means by which transmitter output power will be reduced. ( ii ) Where the proposed transmitter power output level(s) is less than 90% of the rated power of the transmitter, equipment performance measurements must be made to confirm that the station transmissions conform to the emission limitation specified in § 73.44 , under all conditions of program operation. ( iii ) A showing that, at the proposed power output level, means are provided for varying the transmitter output within a tolerance of ±10 percent, to compensate for variations in line voltage or other factors which may affect the power output level. ( d ) When it is not possible or appropriate to use the direct method of power determination due to technical reasons, the indirect method of determining operating power (see paragraphs (e) and (f) of this section) may be used on a temporary basis. A notation must be made in the station log indicating the dates of commencement and termination of measurement using the indirect method of power determination. ( e ) The antenna input power is determined indirectly by applying an appropriate factor to the input power to the last radio-frequency power amplifier stage of the transmitter, using the following formula: Where: Antenna input power = Ep × Ip × F Ep = DC input voltage of final radio stage. Ip = Total DC input current of final radio stage. F= Efficiency factor. ( 1 ) If the above formula is not appropriate for the design of the transmitter final amplifier, use a formula specified by the transmitter manufacturer with other appropriate operating parameters. ( 2 ) The value of F applicable to each mode of operation must be determined and a record kept thereof with a notation as to its derivation. This factor is to be established by one of the methods described in paragraph (f) of this section and retained in the station records. ( f ) The value of F is to be determined by one of the following procedures listed in order of preference: ( 1 ) If the station had previously been authorized and operating by determining the antenna input power by the direct method, the factor F is the ratio of the antenna input power (determined by the direct method) to the corresponding final radio frequency power amplifier input power. ( 2 ) If a station has not been previously in regular operation with the power authorized for the period of indirect power determination, if a new transmitter has been installed, or if, for any other reason, the determination of the factor F by the method described in paragraph (f)(1) of this section is impracticable: ( i ) The factor F as shown in the transmitter manufacturer's test report, if such a test report specifies a unique value of F for the power level and frequently used; or ( ii ) The value determined by reference to the following table: Factor(F) Method of modulation Maximum rated carrier power Class of amplifier 0.70 Plate 1 kW or less .80 Plate 2.5 kW and over .35 Low level 0.25 kW and over B .65 Low level 0.25 kW and over BC 1 .35 Grid 0.25 kW and over 1 All linear amplifier operation where efficiency approaches that of class C operation. [ 37 FR 7516 , Apr. 15, 1972, as amended at 42 FR 36827 , July 18, 1977; 42 FR 61863 , Dec. 7, 1977; 44 FR 36036 , June 20, 1979; 47 FR 28387 , June 30, 1982; 48 FR 38477 , Aug. 24, 1983; 48 FR 44805 , Sept. 30, 1983; 49 FR 3999 , Feb. 1, 1984; 49 FR 4210 , Feb. 3, 1984; 49 FR 49850 , Dec. 24, 1984; 50 FR 24521 , June 11, 1985; 52 FR 10570 , Apr. 2, 1987; 83 FR 48963 , Sept. 28, 2018] § 73.53 Requirements for authorization of antenna monitors. ( a ) Antenna monitors shall be approved with Supplier's Declaration of Conformity that demonstrates compliance with the technical requirements in this section. The procedure for Supplier's Declaration of Conformity is specified in subpart J of part 2 of this chapter . Note 1 to paragraph ( a ): The verification procedure has been replaced by Supplier's Declaration of Conformity. Antenna monitors previously authorized under subpart J of part 2 of this chapter may remain in use. See § 2.950 of this chapter . ( b ) An antenna monitor shall meet the following specifications: ( 1 ) The monitor shall be designed to operate in the 535-1705 kHz band. ( 2 ) The monitor shall be capable of indicating any phase difference between two RF voltages of the same frequency over a range of from 0 to 360°. ( 3 ) The monitor shall be capable of indicating the relative amplitude of two RF voltages. ( 4 ) The device used to indicate phase differences shall indicate in degrees, and shall be graduated in increments of 2°, or less. If a digital indicator is provided, the smallest increment shall be 0.5°, or less. ( 5 ) The device used to indicate relative amplitudes shall be graduated in increments which are 1 percent, or less, of the full scale value. If a digital indicator is provided, the smallest increment shall be 0.1 percent, or less, of the full scale value. ( 6 ) The monitor shall be equipped with means, if necessary, to resolve ambiguities in indication. ( 7 ) If the monitor is provided with more than one RF input terminal in addition to a reference input terminal, appropriate switching shall be provided in the monitor so that the signal at each of these RF inputs may be selected separately for comparison with the reference input signal. ( 8 ) Each RF input of the monitor shall provide a termination of such characteristics that, when connected to a sampling line of an impedance specified by the manufacturer the voltage reflection coefficient shall be 3 percent or less. ( 9 ) The monitor, if intended for use by stations operating directional antenna systems by remote control, shall be designed so that the switching functions required by paragraph (b)(7) of this section may be performed from a point external to the monitor, and phase and amplitude indications be provided by external meters. The indications of external meters furnished by the manufacturer shall meet the specifications for accuracy and repeatability of the monitor itself, and the connection of these meters to the monitor, or of other indicating instruments with electrical characteristics meeting the specifications of the monitor manufacturer shall not affect adversely the performance of the monitor in any respect. ( 10 ) Complete and correct schematic diagrams and operating instructions shall be retained by the party responsible for Supplier's Declaration of Conformity of the equipment and submitted to the FCC upon request. For the purpose of equipment authorization, these diagrams and instructions shall be considered as part of the monitor. ( 11 ) When an RF signal of an amplitude within a range specified by the manufacturer is applied to the reference RF input terminal of the monitor, and another RF signal of the same frequency and of equal or lower amplitude is applied to any other selected RF input terminal, indications shall be provided meeting the following specifications. ( i ) The accuracy with which any difference in the phases of the applied signals is indicated shall be ±1°, or better, for signal amplitude ratios of from 2:1 to 1:1, and ±2°, or better, for signal amplitude ratios in excess of 2:1 and up to 5:1. ( ii ) The repeatability of indication of any difference in the phases of the applied signals shall be ±1°, or better. ( iii ) The accuracy with which the relative amplitudes of the applied signals is indicated, over a range in which the ratio of these amplitudes is between 2:1 and 1:1, shall be ±2 percent of the amplitude ratio, or better, and for amplitude ratios in excess of 2:1 and up to 5:1, ±5 percent of the ratio, or better. ( iv ) The repeatability of indication of the relative amplitudes of the applied signals, over a range where the ratio of these amplitudes is between 5:1 and 1:1, shall be ±2 percent of the amplitude ratio, or better. ( v ) The modulation of the RF signals by a sinusoidal wave of any frequency between 100 and 10,000 Hz, at any amplitude up to 90 percent shall cause no deviation in an indicated phase difference from its value, as determined without modulation, greater than ±0.5°. ( 12 ) The performance specifications set forth in paragraph (b)(11) of this section, shall be met when the monitor is operated and tested under the following conditions. ( i ) After continuous operation for 1 hour, the monitor shall be calibrated and adjusted in accordance with the manufacturer's instructions. ( ii ) The monitor shall be subjected to variations in ambient temperature between the limits of 10 and 40 °C; external meters furnished by the manufacturer will be subjected to variations between 15 and 30 °C. ( iii ) Powerline supply voltage shall be varied over a range of from 10 percent below to 10 percent above the rated supply voltage. ( iv ) The amplitude of the reference signal shall be varied over the operating range specified by the manufacturer, and in any case over a range of maximum to minimum values of 3 to 1. ( v ) The amplitude of the comparison signal shall be varied from a value which is 0.2 of the amplitude of the reference signal to a value which is equal in amplitude to the reference signal. ( vi ) Accuracy shall be determined for the most adverse combination of conditions set forth above. ( vii ) Repeatability shall be determined as that which may be achieved under the specified test conditions over a period of 7 days, during which no calibration or adjustment of the instrument, subsequent to the initial calibration, shall be made. ( viii ) The effects of modulation of the RF signal shall be separately determined, and shall not be included in establishing values for accuracy and repeatability. Note 1 to paragraph ( b ): In paragraph (b)(1) of this section, the requirement that monitors be capable of operation in the 535-1705 kHz band shall apply only to equipment manufactured after July 1, 1992. Use of a monitor in the 1605-1705 kHz band which is not approved for such operation will be permitted pending the general availability of 535-1705 kHz band monitors if a manufacturer can demonstrate, in the interim, that its monitor performs in accordance with the standards in this section on these 10 channels. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 38 FR 1917 , Jan. 19, 1973, as amended at 49 FR 3999 , Feb. 1, 1984; 49 FR 29069 , July 18, 1984; 50 FR 32416 , Aug. 12, 1985; 50 FR 47054 , Nov. 14, 1985; 51 FR 2707 , Jan. 21, 1986; 56 FR 64859 , Dec. 12, 1991; 57 FR 43290 , Sept. 18, 1992; 60 FR 55480 , Nov. 1, 1995; 63 FR 36604 , July 7, 1998; 66 FR 20755 , Apr. 25, 2001; 82 FR 50835 , Nov. 2, 2017] § 73.54 Antenna resistance and reactance measurements. ( a ) The resistance of an omnidirectional series fed antenna is measured at either the base of the antenna without intervening coupling or tuning networks, or at the point the transmission line connects to the output terminals of the transmitter. The resistance of a shunt excited antenna may be measured at the point the radio frequency energy is transferred to the feed wire circuit or at the output terminals of the transmitter. ( b ) The resistance and reactance of a directional antenna shall be measured at the point of common radiofrequency input to the directional antenna system after the antenna has been finally adjusted for the required radiation pattern. ( c ) A letter of notification must be filed with the FCC in Washington, DC, Attention: Audio Division, Media Bureau, when determining power by the direct method pursuant to § 73.51 . The letter must specify the antenna or common point resistance at the operating frequency. The following information must also be kept on file at the station: ( 1 ) A full description of the method used to make measurements. ( 2 ) A schematic diagram showing clearly all components of coupling circuits, the point of resistance measurement, the location of the antenna ammeter, connections to and characteristics of all tower lighting isolation circuits, static drains, and any other fixtures connected to and supported by the antenna, including other antennas and associated networks. Any network or circuit component used to dissipate radio frequency power shall be specifically identified, and the impedances of all components which control the level of power dissipation, and the effective input resistance of the network must be indicated. ( d ) AM stations using direct reading power meters in accordance with § 73.51 , can either submit the information required by paragraph (c) of this section or submit a statement indicating that such a meter is being used. Subsequent station licenses will indicate the use of a direct reading power meter in lieu of the antenna resistance value in such a situation. [ 66 FR 20755 , Apr. 25, 2001,as amended at 67 FR 13231 , Mar. 21, 2002] § 73.57 Remote reading antenna and common point ammeters. Remote reading antenna and common point ammeters may be used without further authority according to the following conditions: ( a ) Remote reading antenna or common point ammeters may be provided by: ( 1 ) Inserting second radio frequency current sensing device directly in the antenna circuit with remote leads to the indicating instruments. ( 2 ) Inductive coupling to radio frequency current sensing device for providing direct current to indicating instrument. ( 3 ) Capacity coupling to radio frequency current sensing device for providing direct current to indicating instrument. ( 4 ) Current transformer connected to radio frequency current sensing device for providing direct current to indicating instrument. ( 5 ) Using transmission line current meter at transmitter as remote reading ammeter. See paragraph (c) of this section. ( 6 ) Using the indications of the antenna (phase) monitor, provided that when the monitor is used to obtain remote reading indication of non-directional antenna base current, the monitor calibration can be independently made and maintained for each mode of operation. ( b ) Devices used for obtaining remote reading antenna or common point current indications, except antenna monitor coupling elements, shall be located at the same point as, but below (transmitter side) the associated main ammeter. ( c ) In the case of shunt-excited antennas, the transmission line current meter at the transmitter may be considered as the remote antenna ammeter provided the transmission line is terminated directly into the excitation circuit feed line, which shall employ series tuning only (no shunt circuits of any type shall be employed) and insofar as practicable, the type and scale of the transmission line meter should be the same as those of the excitation circuit feed line meter (meter in slant wire feed line or equivalent). ( d ) Each remote reading ammeter shall be accurate to within 2 percent of the value read on its corresponding regular ammeter. ( e ) All remote reading ammeters shall conform with the specifications for regular antenna ammeters. ( f ) Meters with arbitrary scale divisions may be used provided that calibration charts or curves are provided at the transmitter control point showing the relationship between the arbitrary scales and the reading of the main meters. ( g ) If a malfunction affects the remote reading indicators of the antenna or common point ammeter, the operating power may be determined by a method using alternative procedures as described in § 73.51 . [ 41 FR 36817 , Sept. 1, 1976, as amended at 48 FR 38477 , Aug. 24, 1983; 49 FR 49850 , Dec. 24, 1984; 50 FR 32416 , Aug. 12, 1985; 60 FR 55480 , Nov. 1, 1995] § 73.58 Indicating instruments. ( a ) Each AM broadcast station must be equipped with indicating instruments which conform with the specifications described in § 73.1215 for determining power by the direct and indirect methods, and with such other instruments as are necessary for the proper adjustment, operation, and maintenance of the transmitting system. However, auxiliary transmitters with a nominal power rating of 100 watts or less are not required to be equipped with instruments to determine power by the indirect method provided that the licensee can determine the antenna input power at all times. ( b ) Since it is usually impractical to measure the actual antenna current of a shunt excited antenna system, the current measured at the input of the excitation circuit feed line is accepted as the antenna current. ( c ) The function of each instrument shall be clearly and permanently shown on the instrument itself or on the panel immediately adjacent thereto. ( d ) In the event that any one of these indicating instruments becomes defective when no substitute which conforms with the required specifications is available, the station may be operated without the defective instrument pending its repair or replacement for a period not in excess of 60 days without further authority of the Commission. If the defective instrument is the antenna current meter of a nondirectional station which does not employ a remote antenna ammeter, or if the defective instrument is the common point meter of a station which employs a directional antenna and does not employ a remote common point meter, the operating power shall be determined by a method described in § 73.51(a)(1) or § 73.51(d) during the entire time the station is operated without the antenna current meter or common point meter. However, if a remote meter is employed and the antenna current ammeter or common point meter becomes defective, the remote meter can be used to determine operating power pending the return to service of the regular meter. ( e ) If conditions beyond the control of the licensee prevent the restoration of the meter to service within the above allowed period, information requested in accordance with § 73.3549 may be filed by letter with the FCC in Washington, DC, Attention: Audio Division, Media Bureau, to request additional time as may be required to complete repairs of the defective instrument. [ 41 FR 36817 , Sept. 1, 1976, as amended at 48 FR 38477 , Aug. 24, 1983; 49 FR 49850 , Dec. 24, 1984; 50 FR 32416 , Aug. 12, 1985; 51 FR 2707 , Jan. 21, 1986; 53 FR 2498 , Jan. 28, 1988; 63 FR 33876 , June 22, 1998; 66 FR 20755 , Apr. 25, 2001; 67 FR 13231 , Mar. 21, 2002] § 73.61 AM directional antenna field strength measurements. ( a ) Each AM station using a directional antenna with monitoring point locations specified in the instrument of authorization must make field strength measurements as often as necessary to ensure that the field at each of those points does not exceed the value specified in the station authorization. Additionally, stations not having an approved sampling system must make the measurements once each calendar quarter at intervals not exceeding 120 days. The provision of this paragraph supersedes any schedule specified on a station license issued prior to January 1, 1986. The results of the measurements are to be entered into the station log pursuant to the provisions of § 73.1820 . ( b ) If the AM license was granted on the basis of field strength measurements performed pursuant to § 73.151(a) , partial proof of performance measurements using the procedures described in § 73.154 must be made whenever the licensee has reason to believe that the radiated field may be exceeding the limits for which the station was most recently authorized to operate. ( c ) A station may be directed to make a partial proof of performance by the FCC whenever there is an indication that the antenna is not operating as authorized. [ 50 FR 47054 , Nov. 14, 1985, as amended at 73 FR 64560 , Oct. 30, 2008] § 73.62 Directional antenna system operation and tolerances. ( a ) Each AM station operating a directional antenna must maintain the relative amplitudes of the antenna currents, as indicated by the antenna monitor, within 5% of the values specified on the instrument of authorization. Directional antenna relative phases must be maintained within 3 degrees of the values specified on the instrument of authorization. ( b ) In the event of a failure of system components, improper pattern switching or any other event that results in operation substantially at variance from the radiation pattern specified in the instrument of authorization for the pertinent time of day, operation must be terminated within three minutes unless power can be reduced sufficiently to eliminate any excessive radiation. See § 73.1350(e) . ( 1 ) Any variation of operating parameters by more than ±15 percent sample current ratio or ±10 degrees in phase, any monitor point that exceeds 125 percent of the licensed limit, or any operation at variance that results in complaints of interference shall be considered operation substantially at variance from the license and will require immediate corrective action. ( 2 ) [Reserved] ( c ) In the event of minor variations of directional antenna operating parameters from the tolerances specified in paragraph (a) of this section, the following procedures will apply: ( 1 ) The licensee shall measure and log every monitoring point at least once for each mode of directional operation. Subsequent variations in operating parameters will require the remeasuring and logging of every monitoring point to assure that the authorized monitoring point limits are not being exceeded. The licensee will be permitted 24 hours to accomplish these actions; provided that, the date and time of the failure to maintain proper operating parameters have been recorded in the station log. ( 2 ) Provided each monitoring point is within its specified limit, operation may continue for a period up to 30 days before a request for Special Temporary Authority (STA) must be filed, pursuant to paragraph (c)(4) of this section, to operate with parameters at variance from the provisions of paragraph (a) of this section. ( 3 ) If any monitoring point exceeds its specified limit, the licensee must either terminate operation within three hours or reduce power in accordance with the applicable provisions of § 73.1350(d) , in order to eliminate any possibility of interference or excessive radiation in any direction. ( 4 ) If operation pursuant to paragraph (c)(3) of this section is necessary, or before the 30-day period specified in paragraph (c)(2) of this § expires, the licensee must request a Special Temporary Authority (STA) in accordance with section 73.1635 to continue operation with parameters at variance and/or with reduced power along with a statement certifying that all monitoring points will be continuously maintained within their specified limits. ( d ) In any other situation in which it might reasonably be anticipated that the operating parameters might vary out of tolerance (such as planned array repairs or adjustment and proofing procedures), the licensee shall, before such activity is undertaken, obtain a Special Temporary Authority (STA) in accordance with § 73.1635 in order to operate with parameters at variance and/or with reduced power as required to maintain all monitoring points within their specified limits. [ 72 FR 44422 , Aug. 8, 2007] § 73.68 Sampling systems for antenna monitors. ( a ) Each AM station permittee authorized to construct a new directional antenna system which will be subject to a proof of performance based on field strength measurements, as described in § 73.151(a) or (b) , must install the sampling system in accordance with the following specifications: ( 1 ) Devices used to extract or sample the current and the transmission line connecting the sampling elements to the antenna monitor must provide accurate and stable signals to the monitor (e.g., rigidly mounted and non-rotatable loops and all system components protected from physical and environmental disturbances). ( 2 ) Sampling lines for directional antennas may be of different lengths provided the phase difference of signals at the monitor are less than 0.5 degrees between the shortest and longest cable lengths due to temperature variations to which the system is exposed. ( 3 ) Other configurations of sampling systems may be used upon demonstration of stable operation to the FCC. ( b ) An AM station permittee authorized to construct a directional antenna system which will be subject to a proof of performance based on moment method modeling, as described in § 73.151(c) , shall install a sampling system conforming to the requirements set forth in that section. ( c ) A station having an antenna sampling system constructed according to the specifications given in paragraph (a) of this section may obtain approval of that system by submitting an informal letter request to the FCC in Washington, DC, Attention: Audio Division, Media Bureau. The request for approval, signed by the licensee or authorized representative, must contain sufficient information to show that the sampling system is in compliance with all requirements of paragraph (a) of this section. Note to paragraph ( c ): A public notice dated December 9, 1985 giving additional information on approval of antenna sampling systems is available through the Internet at http://www.fcc.gov/mb/audio/decdoc/letter/1985-12-09-sample.html . ( d ) In the event that the antenna monitor sampling system is temporarily out of service for repair or replacement, the station may be operated, pending completion of repairs or replacement, for a period not exceeding 120 days without further authority from the FCC if all other operating parameters and the field monitoring point values are within the limits specified on the station authorization. ( e ) If the antenna sampling system is modified or components of the sampling system are replaced, the following procedure shall be followed: ( 1 ) Special Temporary Authority (see § 73.1635 ) shall be requested and obtained from the Commission's Audio Division, Media Bureau in Washington to operate with parameters at variance with licensed values pending issuance of a modified license specifying parameters subsequent to modification or replacement of components. ( 2 ) Immediately prior to modification or replacement of components of the sampling system, and after a verification that all monitoring point values and operating parameters are within the limits or tolerances specified in the rules, the following indications must be recorded for each radiation pattern: Final plate current and plate voltage, common point current, antenna monitor phase and current indications, and the field strength at each monitoring point. Subsequent to these modifications or changes the procedure must be repeated. ( 3 ) If monitoring point field strengths or antenna monitor parameters exceed allowable limits following the replacement or modification of that portion of the sampling system above the base of the towers, a partial proof of performance shall be executed in accordance with § 73.154 . The partial proof of performance shall be accompanied by common point impedance measurements made in accordance with § 73.54 . ( 4 ) Request for modification of license shall be submitted to the FCC in Washington, DC, within 30 days of the date of sampling system modification or replacement. Such request shall specify the transmitter plate voltage and plate current, common point current, base currents and their ratios, antenna monitor phase and current indications, and all other data obtained pursuant to this paragraph. ( f ) If an existing sampling system is found to be patently of marginal construction, or where the performance of a directional antenna is found to be unsatisfactory, and this deficiency reasonably may be attributed, in whole or in part, to inadequacies in the antenna monitoring system, the FCC may require the reconstruction of the sampling system in accordance with requirements specified above. [ 41 FR 7405 , Feb. 18, 1976] Editorial Note Editorial Note: For Federal Register citations affecting § 73.68 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.69 Antenna monitors. ( a ) Each station using a directional antenna must have in operation at the transmitter site an FCC authorized antenna monitor. ( b ) In the event that the antenna monitor sampling system is temporarily out of service for repair or replacement, the station may be operated, pending completion of repairs or replacement, for a period not exceeding 120 days without further authority from the FCC if all other operating parameters, and the field monitoring point values are within the limits specified on the station authorization. ( c ) If conditions beyond the control of the licensee prevent the restoration of the monitor to service within the allowed period, an informal letter request in accordance with § 73.3549 of the Commission's rules must be filed with the FCC, Attention: Audio Division, Media Bureau in Washington, DC for such additional time as may be required to complete repairs of the defective instrument. ( d ) If an authorized antenna monitor is replaced by another antenna monitor, the following procedure shall be followed: ( 1 ) Temporary authority shall be requested and obtained from the Commission in Washington to operate with parameters at variance with licensed values, pending issuance of a modified license specifying new parameters. ( 2 ) Immediately before the replacement of the antenna monitor, after a verification that all monitoring point values and the common point current reading are within the limits or tolerances specified in the rules, the following indications must be recorded for each radiation pattern: Final plate current and plate voltage, common point current, antenna monitor phase and current indications, and the field strength at each monitoring point. ( 3 ) With the new monitor substituted for the old, all indications specified in paragraph (d)(2) of this section, again must be read. If no change has occurred in the indication for any parameter other than the indications of the antenna monitor, the new antenna monitor indications must be deemed to be those reflecting correct array adjustments. ( 4 ) If it cannot be established by the observations required in paragraph (d)(2) of this section that the common point current reading and the monitoring point values are within the tolerances or limits prescribed by the rules and the instrument of authorization, or if the substitution of the new antenna monitor for the old results in changes in these parameters, a partial proof of performance shall be executed and analyzed in accordance with § 73.154 . ( 5 ) An informal letter request for modification of license shall be submitted to the FCC, Attention: Audio Division, Media Bureau in Washington, DC within 30 days of the date of monitor replacement. Such request shall specify the make, type, and serial number of the replacement monitor, phase and sample current indications, and other data obtained pursuant to this paragraph (d) . ( e ) The antenna monitor must be calibrated according to the manufacturer's instructions as often as necessary to ensure its proper operation. [ 38 FR 1918 , Jan. 19, 1973] Editorial Note Editorial Note: For Federal Register citations affecting § 73.69 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.72 Operating during the experimental period. ( a ) An AM station may operate during the experimental period (the time between midnight and sunrise, local time) on its assigned frequency and with its authorized power for the routine testing and maintenance of its transmitting system, and for conducting experimentation under an experimental authorization, provided no interference is caused to other stations maintaining a regular operating schedule within such period. ( b ) No station licensed for “daytime” or “specified hours” of operation may broadcast any regular or scheduled program during this period. ( c ) The licensee of an AM station shall operate or refrain from operating its station during the experimental period as directed by the FCC to facilitate frequency measurements or for the determination of interference. [ 43 FR 32780 , July 28, 1978, as amended at 56 FR 64859 , Dec. 12, 1991] § 73.88 Blanketing interference. The licensee of each broadcast station is required to satisfy all reasonable complaints of blanketing interference within the 1 V/m contour. Note: For more detailed instructions concerning operational responsibilities of licensees and permittees under this section, see § 73.318 (b) , (c) and (d) . [ 28 FR 13574 , Dec. 14, 1963, as amended at 56 FR 64859 , Dec. 12, 1991] § 73.99 Presunrise service authorization (PSRA) and postsunset service authorization (PSSA). ( a ) To provide maximum uniformity in early morning operation compatible with interference considerations, and to provide for additional service during early evening hours for Class D stations, provisions are made for presunrise service and postsunset service. The permissible power for presunrise or postsunset service authorizations shall not exceed 500 watts, or the authorized daytime or critical hours power (whichever is less). Calculation of the permissible power shall consider only co-channel stations for interference protection purposes. ( b ) Presunrise service authorizations (PSRA) permit: ( 1 ) Class D stations operating on Mexican, Bahamian, and Canadian priority Class A clear channels to commence PSRA operation at 6 a.m. local time and to continue such operation until the sunrise times specified in their basic instruments of authorization. ( 2 ) Class D stations situated outside 0.5 mV/m-50% skywave contours of co-channel U.S. Class A stations to commence PSRA operation at 6 a.m. local time and to continue such operation until sunrise times specified in their basic instruments of authorization. ( 3 ) Class D stations located within co-channel 0.5 mV/m-50% skywave contours of U.S. Class A stations, to commence PSRA operation either at 6 a.m. local time, or at sunrise at the nearest Class A station located east of the Class D station (whichever is later), and to continue such operation until the sunrise times specified in their basic instruments of authorization. ( 4 ) Class B and Class D stations on regional channels to commence PSRA operation at 6 a.m. local time and to continue such operation until local sunrise times specified in their basic instruments of authorization. ( c ) Extended Daylight Saving Time Pre-Sunrise Authorizations: ( 1 ) Between the first Sunday in April and the end of the month of April, Class D stations will be permitted to conduct pre-sunrise operation beginning at 6 a.m. local time with a maximum power of 500 watts (not to exceed the station's regular daytime or critical hours power), reduced as necessary to comply with the following requirements: ( i ) Full protection is to be provided as specified in applicable international agreements. ( ii ) Protection is to be provided to the 0.5 mV/m groundwave signals of co-channel U.S. Class A stations; protection to the 0.5 mV/m-50% skywave contours of these stations is not required. ( iii ) In determining the protection to be provided, the effect of each interfering signal will be evaluated separately. The presence of interference from other stations will not reduce or eliminate the required protection. ( iv ) Notwithstanding the requirements of paragraph (c)(1) (ii) and (iii) of this section, the stations will be permitted to operate with a minimum power of 10 watts unless a lower power is required by international agreement. ( 2 ) The Commission will issue appropriate authorizations to Class D stations not previously eligible to operate during this period. Class D stations authorized to operate during this presunrise period may continue to operate under their current authorization. ( d ) Postsunset service authorizations (PSSA) permit: ( 1 ) Class D stations located on Mexican, Bahamian, and Canadian priority Class A clear channels to commence PSSA operation at sunset times specified in their basic instruments of authorization and to continue for two hours after such specified times. ( 2 ) Class D stations situated outside 0.5 mV/m-50% skywave contours of co-channel U.S. Class A stations to commence PSSA operations at sunset times specified in their basic instruments of authorization and to continue for two hours after such specified times. ( 3 ) Class D stations located within co-channel 0.5 mV/m-50% skywave contours of U.S. Class A stations to commence PSSA operation at sunset times specified in their basic instruments of authorization and to continue such operation until two hours past such specified times, or until sunset at the nearest Class A station located west of the Class D station, whichever is earlier. Class D stations located west of the Class A station do not qualify for PSSA operation. ( 4 ) Class D stations on regional channels to commence PSSA operation at sunset times specified on their basic instruments of authorization and to continue such operation until two hours past such specified times. ( e ) Procedural Matters. ( 1 ) Applications for PSRA and PSSA operation are not required. Instead, the FCC will calculate the periods of such operation and the power to be used pursuant to the provisions of this section and the protection requirements contained in applicable international agreements. Licensees will be notified of permissible power and times of operation. Presunrise and Postsunset service authority permits operation on a secondary basis and does not confer license rights. No request for such authority need be filed. However, stations intending to operate PSRA or PSSA shall submit by letter, signed as specified in § 73.3513 , the following information: ( i ) Licensee name, station call letters and station location, ( ii ) Indication as to whether PSRA operation, PSSA operation, or both, is intended by the station, ( iii ) A description of the method whereby any necessary power reduction will be achieved. ( 2 ) Upon submission of the required information, such operation may begin without further authority. ( f ) Technical criteria. Calculations to determine whether there is objectionable interference will be determined in accordance with the AM Broadcast Technical Standards, §§ 73.182 through 73.190 , and applicable international agreements. Calculations will be performed using daytime antenna systems, or critical hours antenna systems when specified on the license. In performing calculations to determine assigned power and times for commencement of PSRA and PSSA operation, the following standards and criteria will be used: ( 1 ) Class D stations operating in accordance with paragraphs (b)(1) , (b)(2) , (d)(1) , and (d)(2) of this section are required to protect the nighttime 0.5 mV/m-50% skywave contours of co-channel Class A stations. Where a 0.5 mV/m-50% skywave signal from the Class A station is not produced, the 0.5 mV/m groundwave contour shall be protected. ( 2 ) Class D stations are required to fully protect foreign Class B and Class C stations when operating PSRA and PSSA; Class D stations operating PSSA are required to fully protect U.S. Class B stations. For purposes of determining protection, the nighttime RSS limit will be used in the determination of maximum permissible power. ( 3 ) Class D stations operating in accordance with paragraphs (d)(2) and (d)(3) of this section are required to restrict maximum 10% skywave radiation at any point on the daytime 0.1 mV/m groundwave contour of a co-channel Class A station to 25 µV/m. The location of the 0.1 mV/m contour of the Class A station will be determined by use of Figure M3, Estimated Ground Conductivity in the United States. When the 0.1 mV/m contour extends beyond the national boundary, the international boundary shall be considered the 0.1 mV/m contour. ( 4 ) Class B and Class D stations on regional channels operating PSRA and PSSA (Class D only) are required to provide full protection to co-channel foreign Class B and Class C stations. ( 5 ) Class D stations on regional channels operating PSSA beyond 6 p.m. local time are required to fully protect U.S. Class B stations. ( 6 ) The protection that Class D stations on regional channels are required to provide when operating PSSA until 6 p.m. local time is as follows. ( i ) For the first half-hour of PSSA operation, protection will be calculated at sunset plus 30 minutes at the site of the Class D station; ( ii ) For the second half-hour of PSSA operation, protection will be calculated at sunset plus one hour at the site of the Class D station; ( iii ) For the second hour of PSSA operation, protection will be calculated at sunset plus two hours at the site of the Class D station; ( iv ) Minimum powers during the period until 6 p.m. local time shall be permitted as follows: Calculated power Adjusted minimum power From 1 to 45 watts 50 watts. Above 45 to 70 watts 75 watts. Above 70 to 100 watts 100 watts. ( 7 ) For protection purposes, the nighttime 25% RSS limit will be used in the determination of maximum permissible power. ( g ) Calculations made under paragraph (d) of this section may not take outstanding PSRA or PSSA operations into account, nor will the grant of a PSRA or PSSA confer any degree of interference protection on the holder thereof. ( h ) Operation under a PSRA or PSSA is not mandatory, and will not be included in determining compliance with the requirements of § 73.1740 . To the extent actually undertaken, however, presunrise operation will be considered by the FCC in determining overall compliance with past programming representations and station policy concerning commercial matter. ( i ) The PSRA or PSSA is secondary to the basic instrument of authorization with which it is to be associated. The PSRA or PSSA may be suspended, modified, or withdrawn by the FCC without prior notice or right to hearing, if necessary to resolve interference conflicts, to implement agreements with foreign governments, or in other circumstances warranting such action. Moreover, the PSRA or PSSA does not extend beyond the term of the basic authorization. ( j ) The Commission will periodically recalculate maximum permissible power and times for commencing PSRA and PSSA for each Class D station operating in accordance with paragraph (c) of this section. The Commission will calculate the maximum power at which each individual station may conduct presunrise operations during extended daylight saving time and shall issue conforming authorizations. These original notifications and subsequent notifications should be associated with the station's authorization. Upon notification of new power and time of commencing operation, affected stations shall make necessary adjustments within 30 days. ( k ) A PSRA and PSSA does not require compliance with §§ 73.45 , 73.182 and 73.1560 where the operation might otherwise be considered as technically substandard. Further, the requirements of paragraphs (a)(5), (b)(2), (c)(2), and (d)(2) of § 73.1215 concerning the scale ranges of transmission system indicating instruments are waived for PSRA and PSSA operation except for the radio frequency ammeters used in determining antenna input power. ( 1 ) A station having an antenna monitor incapable of functioning at the authorized PSRA and PSSA power when using a directional antenna shall take the monitor reading using an unmodulated carrier at the authorized daytime power immediately prior to commencing PSRA or PSSA operations. Special conditions as the FCC may deem appropriate may be included for PSRA or PSSA to insure operation of the transmitter and associated equipment in accordance with all phases of good engineering practice. [ 56 FR 64860 , Dec. 12, 1991; 57 FR 43290 , Sept. 18, 1992, as amended at 58 FR 27950 , May 12, 1993] § 73.127 Use of multiplex transmission. The licensee of an AM broadcast station may use its AM carrier to transmit signals not audible on ordinary consumer receivers, for both broadcast and non-broadcast purposes subject to the following requirements: ( a ) Such use does not disrupt or degrade the station's own programs or the programs of other broadcast stations. ( b ) AM carrier services that are common carrier in nature are subject to common carrier regulation. Licensees operating such services are required to apply to the FCC for the appropriate authorization and to comply with all policies and rules applicable to the service. Responsibility for making the initial determinations of whether a particular activity is common carriage rests with the AM station licensee. Initial determinations by licensees are subject to FCC examination and may be reviewed at the FCC's discretion. AM carrier services that are private carrier in nature must notify the Licensing Division of the Private Radio Bureau at Gettysburg, Pennsylvania 17325, by letter, prior to initiating service certifying compliance with 47 CFR parts 90 and 94 . ( c ) AM carrier services are of a secondary nature under the authority of the AM station authorization, and the authority to provide such communications services may not be retained or transferred in any manner separate from the station's authorization. The grant or renewal of an AM station permit or license is not furthered or promoted by proposed or past service. The permittee or licensee must establish that the broadcast operation is in the public interest wholly apart from the subsidiary communications services provided. ( d ) The station identification, delayed recording, and sponsor identification announcements required by §§ 73.1201 , 73.1208 , and 73.1212 are not applicable to leased communications services transmitted via services that are not of a general broadcast program nature. ( e ) The licensee or permittee must retain control over all material transmitted in a broadcast mode via the station's facilities, with the right to reject any material that it deems inappropriate or undesirable. ( f ) Installation of the multiplex transmitting equipment must conform with the requirements of § 73.1690(e) . [ 47 FR 25345 , June 11, 1982, as amended at 49 FR 34015 , Aug. 28, 1984; 51 FR 41629 , Nov. 18, 1986; 51 FR 44478 , Dec. 10, 1986] § 73.128 AM stereophonic broadcasting. ( a ) An Am broadcast station may, without specific authority from the FCC, transmit stereophonic programs upon installation of type accepted stereophonic transmitting equipment and the necessary measuring equipment to determine that the stereophonic transmissions conform to the modulation characteristics specified in paragraphs (b) and (c) of this section. Stations transmitting stereophonic programs prior to March 21, 1994 may continue to do so until March 21, 1995 as long as they continue to comply with the rules in effect prior to March 21, 1994. ( b ) The following limitations on the transmitted wave must be met to insure compliance with the occupied bandwidth limitations, compatibility with AM receivers using envelope detectors, and any applicable international agreements to which the FCC is a party: ( 1 ) The transmitted wave must meet the occupied bandwidth specifications of § 73.44 under all possible conditions of program modulation. Compliance with requirement shall be demonstrated either by the following specific modulation tests or other documented test procedures that are to be fully described in the application for type acceptance and the transmitting equipment instruction manual. (See § 2.983(d)(8) and (j) ). ( i ) Main channel (L + R) under all conditions of amplitude modulations for the stereophonic system but not exceeding amplitude modulation on negative peaks of 100%. ( ii ) Stereophonic (L−R) modulated with audio tones of the same amplitude at the transmitter input terminals as in paragraph (b)(i) of this section but with the phase of either the L or R channel reversed. ( iii ) Left and Right Channel only, under all conditions of modulation for the stereophonic system in use but not exceeding amplitude modulation on negative peaks of 100%. ( c ) Effective on December 20, 1994, stereophonic transmissions shall conform to the following additional modulation characteristics: ( 1 ) The audio response of the main (L + R) channel shall conform to the requirements of the ANSI/EIA-549-1988, NRSC-1 AM Preemphasis/Deemphasis and Broadcast Transmission Bandwidth Specifications (NRSC-1). ( 2 ) The left and right channel audio signals shall conform to frequency response limitations dictated by ANSI/EIA-549-1988. ( 3 ) The stereophonic difference (L−R) information shall be transmitted by varying the phase of the carrier in accordance with the following relationship: where: L(t) = audio signal left channel, R(t) = audio signal right channel, m = modulation factor, and m peak (L(t) + R(t)) = 1 for 100% amplitude modulation, m peak (L(t)−R(t)) = 1 for 100% phase modulation. ( 4 ) The carrier phase shall advance in a positive direction when a left channel signal causes the transmitter envelope to be modulated in a positive direction. The carrier phase shall likewise retard (negative phase change) when a right channel signal causes the transmitter envelope to be modulated in a positive direction. The phase modulation shall be symmetrical for the condition of difference (L−R) channel information sent without the presence of envelope modulation. ( 5 ) Maximum angular modulation, which occurs on negative peaks of the left or right channel with no signal present on the opposite channel (L(t)=−0.75, R(t) = 0, or R(t)=−0.75, L(t) = 0) shall not exceed 1.25 radians. ( 6 ) A peak phase modulation of ±0.785 radians under the condition of difference (L−R) channel modulation and the absence of envelope (L + R) modulation and pilot signal shall represent 100% modulation of the difference channel. ( 7 ) The composite signal shall contain a pilot tone for indication of the presence of stereophonic information. The pilot tone shall consist of a 25 Hz tone, with 3% or less total harmonic distortion and a frequency tolerance of ±0.1 H 2 , which modulates the carrier phase ±0.05 radians peak, corresponding to 5% L−R modulation when no other modulation is present. The injection level shall be 5%, with a tolerance of + 1, −1%. ( 8 ) The composite signal shall be described by the following expression: where: A = the unmodulated carrier voltage m = the modulation index C sn = the magnitude of the nth term of the sum signal C dn = the magnitude of the nth term of the difference signal ω sn = the nth order angular velocity of the sum signal ω dn = the nth order angular velocity of the difference signal ω c = the angular velocity of the carrier A sn and B sn are the n th sine and cosine coefficients of C sn A dn and B dn are the n th sine and cosine coefficients of C dn [ 58 FR 66301 , Dec. 20, 1993] § 73.132 Territorial exclusivity. No licensee of an AM broadcast station shall have any arrangement with a network organization which prevents or hinders another station serving substantially the same area from broadcasting the network's programs not taken by the former station, or which prevents or hinders another station serving a substantially different area from broadcasting any program of the network organization: Provided, however, That this section does not prohibit arrangements under which the station is granted first call within its primary service area upon the network's programs. The term “network organization” means any organization originating program material, with or without commercial messages, and furnishing the same to stations interconnected so as to permit simultaneous broadcast by all or some of them. However, arrangements involving only stations under common ownership, or only the rebroadcast by one station or programming from another with no compensation other than a lump-sum payment by the station rebroadcasting, are not considered arrangements with a network organization. The term “arrangement” means any contract, arrangement or understanding, expressed or implied. [ 42 FR 16422 , Mar. 28, 1977] § 73.150 Directional antenna systems. ( a ) For each station employing a directional antenna, all determinations of service provided and interference caused shall be based on the inverse distance fields of the standard radiation pattern for that station. (As applied to nighttime operation the term “standard radiation pattern” shall include the radiation pattern in the horizontal plane, and radiation patterns at angles above this plane.) ( 1 ) Parties submitting directional antenna patterns pursuant to this section and § 73.152 (Modified standard pattern) must submit patterns which are tabulated and plotted in units of millivolts per meter at 1 kilometer. Note: Applications for new stations and for changes (both minor and major) in existing stations must use a standard pattern. ( b ) The following data shall be submitted with an application for authority to install a directional antenna: ( 1 ) The standard radiation pattern for the proposed antenna in the horizontal plane, and where pertinent, tabulated values for the azimuthal radiation patterns for angles of elevation up to and including 60 degrees, with a separate section for each increment of 5 degrees. ( i ) The standard radiation pattern shall be based on the theoretical radiation pattern. The theoretical radiation pattern shall be calculated in accordance with the following mathematical expression: where: E (φ,θ) th Represents the theoretical inverse distance fields at one kilometer for the given azimuth and elevation. k Represents the multiplying constant which determines the basic pattern size. It shall be chosen so that the effective field (RMS) of the theoretical pattern in the horizontal plane shall be no greater than the value computed on the assumption that nominal station power (see § 73.14 ) is delivered to the directional array, and that a lumped loss resistance of one ohm exists at the current loop of each element of the array, or at the base of each element of electrical height lower than 0.25 wavelength, and no less than the value required by § 73.189(b)(2) of this part for a station of the class and nominal power for which the pattern is designed. n Represents the number of elements (towers) in the directional array. i Represents the i th element in the array. F i Represents the field ratio of the i th element in the array. θ Represents the vertical elevation angle measured from the horizontal plane. f i (θ) represents the vertical plane radiation characteristic of the i th antenna. This value depends on the tower height, as well as whether the tower is top-loaded or sectionalized. The various formulas for computing f i (θ) are given in § 73.160 . S i Represents the electrical spacing of the i th tower from the reference point. φ i Represents the orientation (with respect to true north) of the i th tower. φ Represents the azimuth (with respect to true north). ψ i Represents the electrical phase angle of the current in the i th tower. The standard radiation pattern shall be constructed in accordance with the following mathematical expression: where: E (φ,θ) std represents the inverse distance fields at one kilometer which are produced by the directional antenna in the horizontal and vertical planes. E (φ,θ) th represents the theoretical inverse distance fields at one kilometer as computed in accordance with Eq. 1, above. Q is the greater of the following two quantities: 0.025g(θ) E rss or 10.0g(θ) √ P kW where: g(θ) is the vertical plane distribution factor, f(θ), for the shortest element in the array (see Eq. 2, above; also see § 73.190 , Figure 5). If the shortest element has an electrical height in excess of 0.5 wavelength, g(θ) shall be computed as follows: E rss is the root sum square of the amplitudes of the inverse fields of the elements of the array in the horizontal plane, as used in the expression for E (φ,θ) th (see Eq. 1, above), and is computed as follows: P kW is the nominal station power expressed in kilowatts, see § 73.14 . If the nominal power is less than one kilowatt, P kW = 1. ( ii ) Where the orthogonal addition of the factor Q to E( φ , θ ) th results in a standard pattern whose minimum fields are lower than those found necessary or desirable, these fields may be increased by appropriate adjustment of the parameters of E ( φ , θ ) th . ( 2 ) All patterns shall be computed for integral multiples of five degrees, beginning with zero degrees representing true north, and, shall be plotted to the largest scale possible on unglazed letter-size paper (main engraving approximately 7′ × 10′) using only scale divisions and subdivisions of 1,2,2.5, or 5 times 10 nth . The horizontal plane pattern shall be plotted on polar coordinate paper, with the zero degree point corresponding to true north. Patterns for elevation angles above the horizontal plane may be plotted in polar or rectangular coordinates, with the pattern for each angle of elevation on a separate page. Rectangular plots shall begin and end at true north, with all azimuths labelled in increments of not less than 20 degrees. If a rectangular plot is used, the ordinate showing the scale for radiation may be logarithmic. Such patterns for elevation angles above the horizontal plane need be submitted only upon specific request by Commission staff. Minor lobe and null detail occurring between successive patterns for specific angles of elevation need not be submitted. Values of field strength on any pattern less than ten percent of the maximum field strength plotted on that pattern shall be shown on an enlarged scale. Rectangular plots with a logarithmic ordinate need not utilize an expanded scale unless necessary to show clearly the minor lobe and null detail. ( 3 ) The effective (RMS) field strength in the horizontal plane of E (φ,θ) std , E (φ,θ) th and the root-sum-square (RSS) value of the inverse distance fields of the array elements at 1 kilometer, derived from the equation for E (φ,θ) th . These values shall be tabulated on the page on which the horizontal plane pattern is plotted, which shall be specifically labelled as the Standard Horizontal Plane Pattern. ( 4 ) Physical description of the array, showing: ( i ) Number of elements. ( ii ) Type of each element ( i.e. , guyed or self-supporting, uniform cross section or tapered (specifying base dimensions), grounded or insulated, etc.) ( iii ) Details of top loading, or sectionalizing, if any. ( iv ) Height of radiating portion of each element in feet (height above base insulator, or base, if grounded). ( v ) Overall height of each element above ground. ( vi ) Sketch of antenna site, indicating its dimensions, the location of the antenna elements, thereon, their spacing from each other, and their orientation with respect to each other and to true north, the number and length of the radials in the ground system about each element, the dimensions of ground screens, if any, and bonding between towers and between radial systems. ( 5 ) Electrical description of the array, showing: ( i ) Relative amplitudes of the fields of the array elements. ( ii ) Relative time phasing of the fields of the array elements in degrees leading [ + ] or lagging [−]. ( iii ) Space phasing between elements in degrees. ( iv ) Where waiver of the content of this section is requested or upon request of the Commission staff, all assumptions made and the basis therefor, particularly with respect to the electrical height of the elements, current distribution along elements, efficiency of each element, and ground conductivity. ( v ) Where waiver of the content of this section is requested, or upon request of the Commission staff, those formulas used for computing E (φ,θ) th and E (φ,θ) std . Complete tabulation of final computed data used in plotting patterns, including data for the determination of the RMS value of the pattern, and the RSS field of the array. ( 6 ) The values used in specifying the parameters which describe the array must be specified to no greater precision than can be achieved with available monitoring equipment. Use of greater precision raises a rebuttable presumption of instability of the array. Following are acceptable values of precision; greater precision may be used only upon showing that the monitoring equipment to be installed gives accurate readings with the specified precision. ( i ) Field Ratio: 3 significant figures. ( ii ) Phasing: to the nearest 0.1 degree. ( iii ) Orientation (with respect to a common point in the array, or with respect to another tower): to the nearest 0.1 degree. ( iv ) Spacing (with respect to a common point in the array, or with respect to another tower): to the nearest 0.1 degree. ( v ) Electrical Height (for all parameters listed in Section 73.160 ): to the nearest 0.1 degree. ( vi ) Theoretical RMS (to determine pattern size): 4 significant figures. ( vii ) Additional requirements relating to modified standard patterns appear in § 73.152(c)(3) and (c)(4) . ( 7 ) Any additional information required by the application form. ( c ) Sample calculations for the theoretical and standard radiation follow. Assume a five kilowatt (nominal power) station with a theoretical RMS of 685 mV/m at one kilometer. Assume that it is an in-line array consisting of three towers. Assume the following parameters for the towers: Tower Field ratio Relative phasing Relative spacing Relative orientation 1 1.0 −128.5 0.0 0.0 2 1.89 0.0 110.0 285.0 3 1.0 128.5 220.0 285.0 Assume that tower 1 is a typical tower with an electrical height of 120 degrees. Assume that tower 2 is top-loaded in accordance with the method described in § 73.160(b)(2) where A is 120 electrical degrees and B is 20 electrical degrees. Assume that tower 3 is sectionalized in accordance with the method described in § 73.160(b)(3) where A is 120 electrical degrees, B is 20 electrical degrees, C is 220 electrical degrees, and D is 15 electrical degrees. The multiplying constant will be 323.6. Following is a tabulation of part of the theoretical pattern: Azimuth 0 30 60 Vertical angle 0 15.98 62.49 68.20 105 1225.30 819.79 234.54 235 0.43 18.46 34.56 247 82.62 51.52 26.38 If we further assume that the station has a standard pattern, we find that Q, for θ = 0, is 22.36. Following is a tabulation of part of the standard pattern: Azimuth 0 30 60 Vertical angle 0 28.86 68.05 72.06 105 1286.78 860.97 246.41 235 23.48 26.50 37.18 247 89.87 57.03 28.87 The RMS of the standard pattern in the horizontal plane is 719.63 mV/m at one kilometer. [ 36 FR 919 , Jan. 20, 1971, as amended at 37 FR 529 , Jan. 13, 1972; 41 FR 24134 , June 15, 1976; 46 FR 11991 , Feb. 12, 1981; 48 FR 24384 , June 1, 1983; 51 FR 2707 , Jan. 21, 1986; 52 FR 36877 , Oct. 1, 1987; 56 FR 64861 , Dec. 12, 1991; 57 FR 43290 , Sept. 18, 1992] § 73.151 Field strength measurements to establish performance of directional antennas. The performance of a directional antenna may be verified either by field strength measurement or by computer modeling and sampling system verification. ( a ) In addition to the information required by the license application form, the following showing must be submitted to establish, for each mode of directional operation, that the effective measured field strength (RMS) at 1 kilometer (km) is not less than 85 percent of the effective measured field strength (RMS) specified for the standard radiation pattern, or less than that specified in § 73.189(b) for the class of station involved, whichever is the higher value, and that the measured field strength at 1 km in any direction does not exceed the field shown in that direction on the standard radiation pattern for that mode of directional operation: ( 1 ) A tabulation of inverse field strengths in the horizontal plane at 1 km, as determined from field strength measurements taken and analyzed in accordance with § 73.186 , and a statement of the effective measured field strength (RMS). Measurements shall be made in the following directions: ( i ) Those specified in the instrument of authorization. ( ii ) In major lobes. Generally, one radial is sufficient to establish a major lobe; however, additional radials may be required. ( iii ) Along additional radials to establish the shape of the pattern. In the case of a relatively simple directional antenna pattern, a total of six radials is sufficient. If two radials would be more than 90° apart, then an additional radial must be specified within that arc. When more complicated patterns are involved, that is, patterns having several or sharp lobes or nulls, measurements shall be taken along as many as 12 radials to definitely establish the pattern(s). Pattern symmetry may be assumed for complex patterns which might otherwise require measurements on more than 12 radials. ( 2 ) A tabulation of: ( i ) The phase difference of the current in each element with respect to the reference element, and whether the current leads (+) or lags (−) the current in the reference element, as indicated by the station's antenna monitor. ( ii ) The ratio of the amplitude of the radio frequency current in each element to the current in the reference element, as indicated on the station's antenna monitor. ( 3 ) A monitoring point shall be established on each radial for which the construction permit specifies a limit. The following information shall be supplied for each monitoring point: ( i ) Measured field strength. ( ii ) An accurate and detailed description of each monitoring point. The description may include, but shall not be limited to, geographic coordinates determined with a Global Positioning System receiver. ( iii ) Clear photographs taken with the field strength meter in its measuring position and with the camera so located that its field of view takes in as many pertinent landmarks as possible. ( b ) For stations authorized to operate with simple directional antenna systems (e.g., two towers) in the 1605-1705 kHz band, the measurements to support pattern RMS compliance referred to in paragraphs (a)(1)(ii) and (a)(1)(iii) of this section are not required. In such cases, measured radials are required only in the direction of short-spaced allotments, or in directions specifically identified by the Commission. ( c ) Computer modeling and sample system verification of modeled parameters to establish operation of a directional antenna consistent with the theoretical pattern. Each element of the directional array shall be modeled by use of a method of moments computer program, using the physical characteristics of each element to establish a model that does not violate any of the internal constraints of the computer program. Only arrays consisting of series-fed elements may have their performance verified by computer modeling and sample system verification. ( 1 ) A matrix of impedance measurements at the base and/or feed point of each element in the array, with all other elements shorted and/or open circuited at their respective measurement locations, shall be made. The physical model of the individual antenna elements used in the computer program may be varied to match the measured impedance matrix, but the actual spacings and orientations of the array elements must be used. Towers may be modeled using individual vertical wires to represent them, or with multiple wires representing their leg and cross-member sections. The resulting model description (consisting of the length, radius, and number of segments of each wire for arrays using vertical wire sections to represent the towers, or the length, end-point coordinates, and radius of each wire used to represent leg and cross-member sections for arrays using detailed tower structure representations) as well as the assumed input feed and base region stray reactances shall be used to generate the drive impedances and sample system parameter values for the operating directional antenna pattern parameters. ( i ) For arrays using vertical wires to represent each tower, the radii of cylinders shall be no less than 80 percent and no more than 150 percent of the radius of a circle with a circumference equal to the sum of the widths of the tower sides. ( ii ) For arrays using multiple wires to represent leg and cross-member sections, the individual legs of the tower may be modeled at their actual diameters with appropriate interconnecting segments representing cross-members at regular intervals. ( iii ) No less than one segment for each 10 electrical degrees of the tower's physical height shall be used for each element in the array. ( iv ) Base calculations shall be made for a reference point at ground level or within one electrical degree elevation of the actual feed point. ( v ) For uniform cross-section towers represented by vertical wires, each wire used for a given tower shall be between 75 to 125 percent of the physical length represented. ( vi ) For self-supporting towers, stepped-radius wire sections may be employed to simulate the physical tower's taper, or the tower may be modeled with individual wire sections representing the legs and cross members. ( vii ) The lumped series inductance of the feed system between the output port of each antenna tuning unit and the associated tower shall be no greater than 10 µH unless a measured value from the measurement point to the tower base with its insulator short circuited is used. ( viii ) The shunt capacitance used to model the base region effects shall be no greater than 250 pF unless the measured or manufacturer's stated capacitance for each device other than the base insulator is used. The total capacitance of such devices shall be limited such that in no case will their total capacitive reactance be less than five times the magnitude of the tower base operating impedance without their effects being considered. This “five times” requirement only applies when the total capacitance used to model base region effects exceeds 250 pF and when base current sampling is used. ( ix ) The orientation and distances among the individual antenna towers in the array shall be confirmed by a post-construction certification by a land surveyor (or, where permitted by local regulation, by an engineer) licensed or registered in the state or territory where the antenna system is located. Stations submitting a moment method proof for a pattern using towers that are part of an authorized AM array are exempt from the requirement to submit a surveyor's certification, provided that the tower geometry of the array is not being modified and that no new towers are being added to the array. ( x ) An AM station that verified the performance of its directional antenna system using computer modeling and sampling system verification under this rule section, that makes modifications to tower or system components above the base insulator, shall follow the procedures set forth in section 1.30003(b)(2) of this chapter . ( 2 ) ( i ) The computer model, once verified by comparison with the measured base impedance matrix data, shall be used to determine the appropriate antenna monitor parameters. The moment method modeled parameters shall be established by using the verified moment method model to produce tower current distributions that, when numerically integrated and normalized to the reference tower, are identical to the specified field parameters of the theoretical directional antenna pattern. The samples used to drive the antenna monitor may be current transformers or voltage sampling devices at the outputs of the antenna matching networks or sampling loops located on the towers. If sample loops are used, they shall be located at the elevation where the current in the tower would be at a minimum if the tower were detuned in the horizontal plane, as determined by the moment method model parameters used to determine the antenna monitor parameters. Sample loops may be employed only when the towers are identical in cross-sectional structure, including both leg and cross member characteristics; if the towers are of unequal height, the sample loops shall be mounted identically with respect to tower cross members at the appropriate elevations above the base insulator. If the tower height used in the model is other than the physical height of the tower, the sampling loop shall be located at a height that is the same fraction of the total tower height as the minimum in tower current with the tower detuned in the model. Sample lines from the sensing element to the antenna monitor must be equal in both length (within one electrical degree) and characteristic impedance (within two ohms), as established by impedance measurements, including at the open-circuit resonant frequency closest to carrier frequency to establish length, at frequencies corresponding to odd multiples of 1 ⁄ 8 wavelength immediately above and below the open circuit resonant frequency closest to carrier frequency, while open circuited, to establish characteristic impedance, and at carrier frequency or, if necessary, at nearby frequencies where the magnitude of the measured impedance is no greater than 200 ohms with the sampling devices connected. Samples may be obtained from current transformers at the output of the antenna coupling and matching equipment for base-fed towers whose actual electrical height is 120 degrees or less, or greater than 190 electrical degrees. Samples may be obtained from base voltage sampling devices at the output of the antenna coupling and matching equipment for base-fed towers whose actual electrical height is greater than 105 degrees. Samples obtained from sample loops located as described above can be used for any height of tower. For towers using base current or base voltage sampling derived at the output of the antenna coupling and matching equipment, the sampling devices shall be disconnected and calibrated by measuring their outputs with a common reference signal (a current through them or a voltage across them, as appropriate) and the calibration must agree within the manufacturer's specifications. A complete description of the sampling system, including the results of the measurements described in this paragraph, shall be submitted with the application for license. ( ii ) Proper adjustment of an antenna pattern shall be determined by correlation between the measured antenna monitor sample indications and the parameters calculated by the method of moments program, and by correlation between the measured matrix impedances for each tower and those calculated by the method of moments program. The antenna monitor sample indications must be initially adjusted to agree with the moment method model within ±5 percent for the field ratio and ±3 degrees in phase. The measured matrix impedances must agree with the moment method model within ±2 ohms and ±4 percent for resistance and reactance. ( 3 ) When the application for an initial license for a directional antenna system is submitted that is based on computer modeling and sample system verification, reference field strength measurement locations shall be established in the directions of pattern minima and maxima. On each radial corresponding to a pattern minimum or maximum, there shall be at least three measurement locations. The field strength shall be measured at each reference location at the time of the proof of performance. The license application shall include the measured field strength values at each reference point, along with a description of each measurement location, including GPS coordinates and datum reference. New reference field strength measurements are not required for subsequent license applications for the same directional antenna pattern and physical facilities. [ 36 FR 919 , Jan. 20, 1971, as amended at 42 FR 36828 , July 18, 1977; 49 FR 23348 , June 6, 1984; 50 FR 32416 , Aug. 12, 1985; 56 FR 64862 , Dec. 12, 1991; 63 FR 33876 , June 22, 1998; 66 FR 20756 , Apr. 25, 2001; 73 FR 64561 , Oct. 30, 2008; 82 FR 51165 , Nov. 3, 2017] § 73.152 Modification of directional antenna data. ( a ) If, after construction and final adjustment of a directional antenna, a measured inverse distance field in any direction exceeds the field shown on the standard radiation pattern for the pertinent mode of directional operation, an application shall be filed, specifying a modified standard radiation pattern and/or such changes as may be required in operating parameters so that all measured effective fields will be contained within the modified standard radiation pattern. Permittees may also file an application specifying a modified standard radiation pattern, even when measured radiation has not exceeded the standard pattern, in order to allow additional tolerance for monitoring point limits. ( b ) If, following a partial proof of performance, a licensee discovers that radiation exceeds the standard pattern on one or more radials because of circumstances beyond the licensee's control, a modified standard pattern may be requested. The licensee shall submit, concurrently, Forms 301-AM and 302-AM. Form 301-AM shall include an exhibit demonstrating that no interference would result from the augmentation. Form 302-AM shall include the results of the partial proof, along with full directional and nondirectional measurements on the radial(s) to be augmented, including close-in points and a determination of the inverse distance field in accordance with § 73.186 . ( c ) Normally, a modified standard pattern is not acceptable at the initial construction permit stage, before a proof-of-performance has been completed. However, in certain cases, where it can be shown that modification is necessary, a modified standard pattern will be acceptable at the initial construction permit stage. Following is a non-inclusive list of items to be considered in determining whether a modification is acceptable at the initial construction permit stage: ( 1 ) When the proposed pattern is essentially the same as an existing pattern at the same antenna site. (e.g., A DA-D station proposing to become a DA-1 station.) ( 2 ) Excessive reradiating structures, which should be shown on a plat of the antenna site and surrounding area. ( 3 ) Other environmental factors; they should be fully described. ( 4 ) Judgment and experience of the engineer preparing the engineering portion of the application. This must be supported with a full discussion of the pertinent factors. ( d ) The following general principles shall govern the situations in paragraphs (a), (b), and (c) in this section: ( 1 ) Where a measured field in any direction will exceed the authorized standard pattern, the license application may specify the level at which the input power to the antenna shall be limited to maintain the measured field at a value not in excess of that shown on the standard pattern, and shall specify the common point current corresponding to this power level. This value of common point current will be specified on the license for that station. ( 2 ) Where any excessive field does not result in objectionable interference to another station, a modification of construction permit application may be submitted with a modified standard pattern encompassing all augmented fields. The modified standard pattern shall supersede the previously submitted standard radiation pattern for that station in the pertinent mode of directional operation. Following are the possible methods of creating a modified standard pattern: ( i ) The modified pattern may be computed by making the entire pattern larger than the original pattern ( i.e. , have a higher RMS value) if the measured fields systematically exceed the confines of the original pattern. The larger pattern shall be computed by using a larger multiplying constant, k, in the theoretical pattern equation (Eq. 1) in § 73.150(b)(1) . ( ii ) Where the measured field exceeds the pattern in discrete directions, but objectionable interference does not result, the pattern may be expanded over sectors including these directions. When this “augmentation” is desired, it shall be achieved by application of the following equation: E( φ, θ) aug = √ { E( φ, θ) std } 2 + A{ g (θ) cos (180 D A /S } 2 where: E( φ, θ) std is the standard pattern field at some particular azimuth and elevation angle, before augmentation, computed pursuant to Eq. 2, § 73.150(b)(1)(i) . E( φ, θ) aug. is the field in the direction specified above, after augmentation. A = E( φ, O) 2 aug −E( φ, O) 2 std in which φ is the central azimuth of augmentation. E( φ, O) aug and E( φ, O) std are the fields in the horizontal plane at the central azimuth of augmentation. Note: “A” must be positive, except during the process of converting non-standard patterns to standard patterns pursuant to the Report and Order in Docket No. 21473, and in making minor changes to stations with patterns developed during the conversion. However, even when “A” is negative, “A” cannot be so negative that E( φ, α) aug is less than E( φ, θ) th at any azimuth or vertical elevation angle. g(θ) is defined in § 73.150(b)(1)(i) . S is the angular range, or “span”, over which augmentation is applied. The span is centered on the central azimuth of augmentation. At the limits of the span, the augmented pattern merges into the unaugmented pattern. Spans may overlap. D A is the absolute horizontal angle between the azimuth at which the augmented pattern value is being computed and the central azimuth of augmentation. (D A cannot exceed 1/2 S.) In the case where there are spans which overlap, the above formula shall be applied repeatedly, once for each augmentation, in ascending order of central azimuth of augmentation, beginning with zero degrees representing true North. Note that, when spans overlap, there will be, in effect, an augmentation of an augmentation. And, if the span of an earlier augmentation overlaps the central azimuth of a later augmentation, the value of “A” for the later augmentation will be different than the value of “A” without the overlap of the earlier span. ( iii ) A combination of paragraphs (d)(2)(i) and (d)(2)(ii), of this section, with (d)(2)(i) being applied before (d)(2)(ii) is applied. ( iv ) Where augmentation is allowable under the terms of this section, the requested amount of augmentation shall be centered upon the measured radial and shall not exceed the following: ( A ) The actual measured inverse distance field value, where the radial does not involve a required monitoring point. ( B ) 120% of the actual measured inverse field value, where the radial has a monitoring point required by the instrument of authorization. Whereas some pattern smoothing can be accommodated, the extent of the requested span(s) shall be minimized and in no case shall a requested augmentation span extend to a radial azimuth for which the analyzed measurement data does not show a need for augmentation. ( 3 ) A Modified Standard Pattern shall be specifically labeled as such, and shall be plotted in accordance with the requirements of paragraph (b)(2) of § 73.150 . The effective (RMS) field strength in the horizontal plane of E( φ, α) std, E( φ, α) th, and the root sum square (RSS) value of the inverse fields of the array elements (derived from the equation for E( φ, α) th ), shall be tabulated on the page on which the horizontal plane pattern is plotted. Where sector augmentation has been employed in designing the modified pattern, the direction of maximum augmentation ( i.e. , the central azimuth of augmentation) shall be indicated on the horizontal plane pattern for each augmented sector, and the limits of each sector shall also be shown. Field values within an augmented sector, computed prior to augmentation, shall be depicted by a broken line. ( 4 ) There shall be submitted, for each modified standard pattern, complete tabulations of final computed data used in plotting the pattern. In addition, for each augmented sector, the central azimuth of augmentation, span, and radiation at the central azimuth of augmentation (E( φ, α) aug ) shall be tabulated. ( 5 ) The parameters used in computing the modified standard pattern shall be specified with realistic precision. Following is a list of the maximum acceptable precision: ( i ) Central Azimuth of Augmentation: to the nearest 0.1 degree. ( ii ) Span: to the nearest 0.1 degree. ( iii ) Radiation at Central Azimuth of Augmentation: 4 significant figures. ( e ) Sample calculations for a modified standard pattern follow. First, assume the existing standard pattern in § 73.150(c) . Then, assume the following augmentation parameters: Augmentation number Central azimuth Span Radiation at central azimuth 1 110 40 1,300 2 240 50 52 3 250 10 130 Following is a tabulation of part of the modified standard pattern: Azimuth 0 30 60 Vertical angle 0 28.86 68.05 72.06 105 1,299.42 872.14 254.21 235 39.00 35.74 38.71 247 100.47 66.69 32.78 [ 46 FR 11992 , Feb. 12, 1981, as amended at 56 FR 64862 , Dec. 12, 1991; 66 FR 20756 , Apr. 25, 2001] § 73.153 Field strength measurements in support of applications or evidence at hearings. In the determination of interference, groundwave field strength measurements will take precedence over theoretical values, provided such measurements are properly taken and presented. When measurements of groundwave signal strength are presented, they shall be sufficiently complete in accordance with § 73.186 to determine the field strength at 1 mile in the pertinent directions for that station. The antenna resistance measurements required by § 73.186 need not be taken or submitted. [ 44 FR 36037 , June 20, 1979, as amended at 56 FR 64862 , Dec. 12, 1991] § 73.154 AM directional antenna partial proof of performance measurements. ( a ) A partial proof of performance consists of at least 8 field strength measurements made on each of the radials that includes a monitoring point. ( b ) The measurements are to be made within 3 to 15 kilometers from the center of the antenna array. When a monitoring point as designated on the station authorization lies on a particular radial, one of the measurements must be made at that point. One of the following methods shall be used for the partial proof: ( 1 ) Measurement points shall be selected from the points measured in latest full proof of performance provided that the points can be identified with reasonable certainty, and that land development or other factors have not significantly altered propagation characteristics since the last full proof. At each point, the licensee shall measure directional field strength for comparison to either the directional or the nondirectional field strength measured at that point in the last full proof. ( 2 ) In the event that a meaningful comparison to full proof measurements cannot be made, the licensee shall measure both directional and nondirectional field strength at eight points on each radial. The points need not be limited to those measured in the last full proof of performance. ( c ) The results of the measurements are to be analyzed as follows. Either the arithmetic average or the logarithmic average of the ratios of the field strength at each measurement point to the corresponding field strength in the most recent complete proof of performance shall be used to establish the inverse distance fields. (The logarithmic average for each radial is the antilogarithm of the mean of the logarithms of the ratios of field strength (new to old) for each measurement location along a given radial). When new nondirectional measurements are used as the reference, as described in paragraph (b)(2) of this section, either the arithmetic or logarithmic averages of directional to nondirectional field strength on each radial shall be used in conjunction with the measured nondirectional field from the last proof to establish the inverse distance field. ( d ) The result of the most recent partial proof of performance measurements and analysis is to be retained in the station records available to the FCC upon request. Maps showing new measurement points, i.e. , points not measured in the last full proof, shall be associated with the partial proof in the station's records, and shall be provided to the FCC upon request. [ 66 FR 20756 , Apr. 25, 2001, as amended at 82 FR 51165 , Nov. 3, 2017] § 73.155 Directional antenna performance recertification. A station licensed with a directional antenna pattern pursuant to a proof of performance using moment method modeling and internal array parameters as described in § 73.151(c) shall recertify the performance of the antenna monitor sampling system only in the case of repair to or replacement of affected system components, and then only as to the repaired or replaced system components. Any recertification of repaired or replaced system components shall be performed in the same manner as an original certification of the affected system components under § 73.151(c)(2)(i) of this part . The results of the recertification measurements shall be retained in the station's public inspection file. [ 82 FR 51162 , Nov. 3, 2017] § 73.157 Antenna testing during daytime. ( a ) The licensee of a station using a directional antenna during daytime or nighttime hours may, without further authority, operate during daytime hours with the licensed nighttime directional facilities or with a nondirectional antenna when conducting monitoring point field strength measurements or antenna proof of performance measurements. ( b ) Operation pursuant to this section is subject to the following conditions: ( 1 ) No harmful interference will be caused to any other station. ( 2 ) The FCC may notify the licensee to modify or cease such operation to resolve interference complaints or when such action may appear to be in the public interest, convenience and necessity. ( 3 ) Such operation shall be undertaken only for the purpose of taking monitoring point field strength measurements or antenna proof of performance measurements, and shall be restricted to the minimum time required to accomplish the measurements. ( 4 ) Operating power in the nondirectional mode shall be adjusted to the same power as was utilized for the most recent nondirectional proof of performance covering the licensed facilities. [ 50 FR 30947 , July 31, 1985] § 73.158 Directional antenna monitoring points. ( a ) When a licensee of a station using a directional antenna system finds that a field monitoring point, as specified on the station authorization, is no longer accessible or is unsuitable because of nearby construction or other disturbances to the measured field, an application to change the monitoring point location, including FCC Form 302-AM, is to be promptly submitted to the FCC in Washington, DC. ( 1 ) If the monitoring point has become inaccessible or otherwise unsuitable, but there has been no significant construction or other change in the vicinity of the monitoring point which may affect field strength readings, the licensee shall select a new monitoring point from the points measured in the last full proof of performance. A recent field strength measurement at the new monitoring point shall also be provided. ( 2 ) Alternatively, if changes in the electromagnetic environment have affected field strength readings at the monitoring point, the licensee shall submit the results of a partial proof of performance, analyzed in accordance with § 73.154 , on the affected radial. ( 3 ) The licensee shall submit an accurate, written description of the new monitoring point in relation to nearby permanent landmarks. ( 4 ) The licensee shall submit a photograph showing the new monitoring point in relation to nearby permanent landmarks that can be used in locating the point accurately at all times throughout the year. Do not use seasonal or temporary features in either the written descriptions or photographs as landmarks for locating field points. ( b ) When the description of the monitoring point as shown on the station license is no longer correct due to road or building construction or other changes, the licensee must prepare and file with the FCC, in Washington, DC, a request for a corrected station license showing the new monitoring point description. The request shall include the information specified in paragraphs (a)(3) and (4) of this section, and a copy of the station's current license. [ 66 FR 20757 , Apr. 25, 2001, as amended at 84 FR 2758 , Feb. 8, 2019] § 73.160 Vertical plane radiation characteristics, f(θ). ( a ) The vertical plane radiation characteristics show the relative field being radiated at a given vertical angle, with respect to the horizontal plane. The vertical angle, represented as θ, is 0 degrees in the horizontal plane, and 90 degrees when perpendicular to the horizontal plane. The vertical plane radiation characteristic is referred to as f(θ). The generic formula for f(θ) is: f(θ) = E(θ)/E(O) where: E(θ) is the radiation from the tower at angle θ. E(O) is the radiation from the tower in the horizontal plane. ( b ) Listed below are formulas for f(θ) for several common towers. ( 1 ) For a typical tower, which is not top-loaded or sectionalized, the following formula shall be used: where: G is the electrical height of the tower, not including the base insulator and pier. (In the case of a folded unipole tower, the entire radiating structure's electrical height is used.) ( 2 ) For a top-loaded tower, the following formula shall be used: where: A is the physical height of the tower, in electrical degrees, and B is the difference, in electrical degrees, between the apparent electrical height (G, based on current distribution) and the actual physical height. G is the apparent electrical height: the sum of A and B; A + B. See Figure 1 of this section. ( 3 ) For a sectionalized tower, the following formula shall be used: where: A is the physical height, in electrical degrees, of the lower section of the tower. B is the difference between the apparent electrical height (based on current distribution) of the lower section of the tower and the physical height of the lower section of the tower. C is the physical height of the entire tower, in electrical degrees. D is the difference between the apparent electrical height of the tower (based on current distribution of the upper section) and the physical height of the entire tower. D will be zero if the sectionalized tower is not top-loaded. G is the sum of A and B; A + B. H is the sum of C and D; C + D. Δ is the difference between H and A; H−A. See Figure 2 of this section. ( c ) One of the above f(θ) formulas must be used in computing radiation in the vertical plane, unless the applicant submits a special formula for a particular type of antenna. If a special formula is submitted, it must be accompanied by a complete derivation and sample calculations. Submission of values for f(θ) only in a tabular or graphical format ( i.e. , without a formula) is not acceptable. ( d ) Following are sample calculations. (The number of significant figures shown here should not be interpreted as a limitation on the number of significant figures used in actual calculations.) ( 1 ) For a typical tower, as described in paragraph (b)(1) of this section, assume that G = 120 electrical degrees: θ f(θ) 0 1.0000 30 0.7698 60 0.3458 ( 2 ) For a top-loaded tower, as described in paragraph (b)(2) of this section, assume A = 120 electrical degrees, B = 20 electrical degrees, and G = 140 electrical degrees, (120 + 20): θ f(θ) 0 1.0000 30 0.7364 60 0.2960 ( 3 ) For a sectionalized tower, as described in paragraph (b)(3) of this section, assume A = 120 electrical degrees, B = 20 electrical degrees, C = 220 electrical degrees, D = 15 electrical degrees, G = 140 electrical degrees (120 + 20), H = 235 electrical degrees (220 + 15), and Δ = 115 electrical degrees (235−120): θ f(θ) 0 1.0000 30 0.5930 60 0.1423 [ 46 FR 11993 , Feb. 12, 1981] § 73.182 Engineering standards of allocation. ( a ) Sections 73.21 to 73.37, inclusive, govern allocation of facilities in the AM broadcast band 535-1705 kHz. § 73.21 establishes three classes of channels in this band, namely, clear, regional and local. The classes and power of AM broadcast stations which will be assigned to the various channels are set forth in § 73.21 . The classifications of the AM broadcast stations are as follows: ( 1 ) Class A stations operate on clear channels with powers no less than 10kW nor greater than 50 kW. These stations are designed to render primary and secondary service over an extended area, with their primary services areas protected from objectionable interference from other stations on the same and adjacent channels. Their secondary service areas are protected from objectionable interference from co-channel stations. For purposes of protection, Class A stations may be divided into two groups, those located in any of the contiguous 48 States and those located in Alaska in accordance with § 73.25 . ( i ) The mainland U.S. Class A stations are those assigned to the channels allocated by § 73.25 . The power of these stations shall be 50 kW. The Class A stations in this group are afforded protection as follows: ( A ) Daytime. To the 0.1 mV/m groundwave contour from stations on the same channel, and to the 0.5 mV/m groundwave contour from stations on adjacent channels. ( B ) Nighttime. To the 0.5 mV/m-50% skywave contour from stations on the same channels. ( ii ) Class A stations in Alaska operate on the channels allocated by § 73.25 with a minimum power of 10 kW, a maximum power of 50 kW and an antenna efficiency of 215 mV/m/kW at 1 kilometer. Stations operating on these channels in Alaska which have not been designated as Class A stations in response to licensee request will continue to be considered as Class B stations. During daytime hours a Class A station in Alaska is protected to the 100 µV/m groundwave contour from co-channel stations. During nighttime hours, a Class A station in Alaska is protected to the 100 µV/m-50 percent skywave contour from co-channel stations. The 0.5 mV/m groundwave contour is protected both daytime and nighttime from stations on adjacent channels. Note: In the Report and Order in MM Docket No. 83-807, the Commission designated 15 stations operating on U.S. clear channels as Alaskan Class A stations. Eleven of these stations already have Alaskan Class A facilities and are to be protected accordingly. Permanent designation of the other four stations as Alaskan Class A is conditioned on their constructing minimum Alaskan Class A facilities no later than December 31, 1989. Until that date or until such facilities are obtained, these four stations shall be temporarily designated as Alaskan Class A stations, and calculations involving these stations should be based on existing facilities but with an assumed power of 10 kW. Thereafter, these stations are to be protected based on their actual Alaskan Class A facilities. If any of these stations does not obtain Alaskan Class A facilities in the period specified, it is to be protected as a Class B station based on its actual facilities. These four stations may increase power to 10 kW without regard to the impact on co-channel Class B stations. However, power increases by these stations above 10 kW (or by existing Alaskan Class A stations beyond their current power level) are subject to applicable protection requirements for co-channel Class B stations. Other stations not on the original list but which meet applicable requirements may obtain Alaskan Class A status by seeking such designation from the Commission. If a power increase or other change in facilities by a station not on the original list is required to obtain minimum Alaskan Class A facilities, any such application shall meet the interference protection requirements applicable to an Alaskan Class A proposal on the channel. ( 2 ) Class B stations are stations which operate on clear and regional channels with powers not less than 0.25 kW nor more than 50 kW. These stations render primary service only, the area of which depends on their geographical location, power, and frequency. It is recommended that Class B stations be located so that the interference received from other stations will not limit the service area to a groundwave contour value greater than 2.0 mV/m nighttime and to the 0.5 mV/m groundwave contour daytime, which are the values for the mutual protection between this class of stations and other stations of the same class. Note: See §§ 73.21(b)(1) and 73.26(b) concerning power restrictions and classifications relative to Class B, Class C, and Class D stations in Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands. Stations in the above-named places that are reclassified from Class C to Class B stations under § 73.26(b) shall not be authorized to increase power to levels that would increase the nighttime interference-free limit of co-channel Class C stations in the conterminous United States. ( 3 ) Class C stations operate on local channels, normally rendering primary service to a community and the suburban or rural areas immediately contiguous thereto, with powers not less than 0.25 kW, nor more than 1 kW, except as provided in § 73.21(c)(1) . Such stations are normally protected to the daytime 0.5 mV/m contour. On local channels the separation required for the daytime protection shall also determine the nighttime separation. Where directional antennas are employed daytime by Class C stations operating with more than 0.25 kW power, the separations required shall in no case be less than those necessary to afford protection, assuming nondirectional operation with 0.25 kW. In no case will 0.25 kW or greater nighttime power be authorized to a station unable to operate nondirectionally with a power of 0.25 kW during daytime hours. The actual nighttime limitation will be calculated. For nighttime protection purposes, Class C stations in the 48 contiguous United States may assume that stations in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands operating on 1230, 1240, 1340, 1400, 1450, and 1490 kHz are Class C stations. ( 4 ) Class D stations operate on clear and regional channels with daytime powers of not less than 0.25 kW (or equivalent RMS field of 107.5 mV/m at 1 kilometer if less than 0.25 kW) and not more than 50 kW. Class D stations that have previously received nighttime authority to operate with powers of less 0.25 kW (or equivalent RMS fields of less than 107.5 mV/m at 1 kilometer) are not required to provide nighttime coverage in accordance with § 73.24(i) and are not protected from interference during nighttime hours. Such nighttime authority is permitted on the basis of full nighttime protection being afforded to all Class A and Class B stations. ( b ) When a station is already limited by interference from other stations to a contour value greater than that normally protected for its class, the individual received limits shall be the established standard for such station with respect to interference from each other station. ( c ) The four classes of AM broadcast stations have in general three types of service areas, i.e. , primary, secondary and intermittent. (See § 73.14 for the definitions of primary, secondary, and intermittent service areas.) Class A stations render service to all three areas. Class B stations render service to a primary area but the secondary and intermittent service areas may be materially limited or destroyed due to interference from other stations, depending on the station assignments involved. Class C and Class D stations usually have only primary service areas. Interference from other stations may limit intermittent service areas and generally prevents any secondary service to those stations which operate at night. Complete intermittent service may still be obtained in many cases depending on the station assignments involved. ( d ) The groundwave signal strength required to render primary service is 2 mV/m for communities with populations of 2,500 or more and 0.5 mV/m for communities with populations of less than 2,500. See § 73.184 for curves showing distance to various groundwave field strength contours for different frequencies and ground conductivities, and also see § 73.183 , “Groundwave signals.” ( e ) A Class C station may be authorized to operate with a directional antenna during daytime hours providing the power is at least 0.25 kW. In computing the degrees of protection which such antenna will afford, the radiation produced by the directional antenna system will be assumed to be no less, in any direction, than that which would result from non-directional operation using a single element of the directional array, with 0.25 kW. ( f ) All classes of broadcast stations have primary service areas subject to limitation by fading and noise, and interference from other stations to the contours set out for each class of station. ( g ) Secondary service is provided during nighttime hours in areas where the skywave field strength, 50% or more of the time, is 0.5 mV/m or greater (0.1 mV/m in Alaska). Satisfactory secondary service to cities is not considered possible unless the field strength of the skywave signal approaches or exceeds the value of the groundwave field strength that is required for primary service. Secondary service is subject to some interference and extensive fading whereas the primary service area of a station is subject to no objectionable interference or fading. Only Class A stations are assigned on the basis of rendering secondary service. Note: Standards have not been established for objectionable fading because of the relationship to receiver characteristics. Selective fading causes audio distortion and signal strength reduction below the noise level, objectionable characteristics inherent in many modern receivers. The AVC circuits in the better designed receivers generally maintain the audio output at a sufficiently constant level to permit satisfactory reception during most fading conditions. ( h ) Intermittent service is rendered by the groundwave and begins at the outer boundary of the primary service area and extends to a distance where the signal strength decreases to a value that is too low to provide any service. This may be as low as a few µV/m in certain areas and as high as several millivolts per meter in other areas of high noise level, interference from other stations, or objectionable fading at night. The intermittent service area may vary widely from day to night and generally varies over shorter intervals of time. Only Class A stations are protected from interference from other stations to the intermittent service area. ( i ) Broadcast stations are licensed to operate unlimited time, limited time, daytime, share time, and specified hours. (See §§ 73.1710 , 73.1725 , 73.1720 , 73.1715 , and 73.1730 .) Applications for new stations shall specify unlimited time operation only. ( j ) Section 73.24 sets out the general requirements for modifying the facilities of a licensed station and for establishing a new station. Sections 73.24(b) and 73.37 include interference related provisions that be considered in connection with an application to modify the facilities of an existing station or to establish a new station. Section 73.30 describes the procedural steps required to receive an authorization to operate in the 1605-1705 kHz band. ( k ) Objectionable nighttime interference from a broadcast station occurs when, at a specified field strength contour with respect to the desired station, the field strength of an undesired station (co-channel or first adjacent channel, after application of proper protection ratio) exceeds for 10% or more of the time the values set forth in these standards. The value derived from the root-sum-square of all interference contributions represents the extent of a station's interference-free coverage. ( 1 ) With respect to the root-sum-square (RSS) values of interfering field strengths referred to in this section, calculation of nighttime interference-free service is accomplished by considering the signals on the three channels of concern (co- and first adjacencies) in order of decreasing magnitude, adding the squares of the values and extracting the square root of the sum, excluding those signals which are less than 50% of the RSS values of the higher signals already included. ( 2 ) With respect to the root-sum-square values of interfering field strengths referred to in this section, calculation of nighttime interference for non-coverage purposes is accomplished by considering the signals on the three channels of concern (co- and first adjacencies) in order of decreasing magnitude, adding the squares of the values and extracting the square root of the sum, excluding those signals which are less than 25% of the RSS values of the higher signals already included. ( 3 ) With respect to the root-sum-square values of interfering field strengths referred to in this section, calculation is accomplished by considering the signals on the three channels of concern (co- and first adjacencies) in order of decreasing magnitude, adding the squares of the values and extracting the square root of the sum. The 0% exclusion method applies only to the determination of an improvement factor value for evaluating a station's eligibility for migration to the band 1605-1705 kHz. ( 4 ) The RSS value will not be considered to be increased when a new interfering signal is added which is less than the appropriate exclusion percentage as applied to the RSS value of the interference from existing stations, and which at the same time is not greater than the smallest signal included in the RSS value of interference from existing stations. ( 5 ) It is recognized that application of the above “50% exclusion” method (or any exclusion method using a per cent value greater than zero) of calculating the RSS interference may result in some cases in anomalies wherein the addition of a new interfering signal or the increase in value of an existing interfering signal will cause the exclusion of a previously included signal and may cause a decrease in the calculated RSS value of interference. In order to provide the Commission with more realistic information regarding gains and losses in service (as a basis for determination of the relative merits of a proposed operation) the following alternate method for calculating the proposed RSS values of interference will be employed wherever applicable. ( 6 ) In the cases where it is proposed to add a new interfering signal which is not less than 50% (or 25%, depending on which study is being performed) of the RSS value of interference from existing stations or which is greater that the smallest signal already included to obtain this RSS value, the RSS limitation after addition of the new signal shall be calculated without excluding any signal previously included. Similarly, in cases where it is proposed to increase the value of one of the existing interfering signals which has been included in the RSS value, the RSS limitation after the increase shall be calculated without excluding the interference from any source previously included. ( 7 ) If the new or increased signal proposed in such cases is ultimately authorized, the RSS values of interference to other stations affected will thereafter be calculated by the “50% exclusion” (or 25% exclusion, depending on which study is being performed) method without regard to this alternate method of calculation. ( 8 ) Examples of RSS interference calculations: ( i ) Existing interferences: Station No. 1—1.00 mV/m. Station No. 2—0.60 mV/m. Station No. 3—0.59 mV/m. Station No. 4—0.58 mV/m. The RSS value from Nos. 1, 2 and 3 is 1.31 mV/m; therefore interference from No. 4 is excluded for it is less than 50% of 1.31 mV/m. ( ii ) Station A receives interferences from: Station No. 1—1.00 mV/m. Station No. 2—0.60 mV/m. Station No. 3—0.59 mV/m. It is proposed to add a new limitation, 0.68 mV/m. This is more than 50% of 1.31 mV/m, the RSS value from Nos. 1, 2 and 3. The RSS value of Station No. 1 and of the proposed station would be 1.21 m/Vm which is more than twice as large as the limitation from Station No. 2 or No. 3. However, under the above provision the new signal and the three existing interferences are nevertheless calculated for purposes of comparative studies, resulting in an RSS value of 1.47 mV/m. However, if the proposed station is ultimately authorized, only No. 1 and the new signal are included in all subsequent calculations for the reason that Nos. 2 and 3 are less than 50% of 1.21 mV/m, the RSS value of the new signal and No. 1. ( iii ) Station A receives interferences from: Station No. 1—1.00 mV/m. Station No. 2—0.60 mV/m. Station No. 3—0.59 mV/m. No. 1 proposes to increase the limitation it imposes on Station A to 1.21 mV/m. Although the limitations from stations Nos. 2 and 3 are less than 50% of the 1.21 mV/m limitation, under the above provision they are nevertheless included for comparative studies, and the RSS limitation is calculated to be 1.47 mV/m. However, if the increase proposed by Station No. 1 is authorized, the RSS value then calculated is 1.21 mV/m because Stations Nos. 2 and 3 are excluded in view of the fact that the limitations they impose are less than 50% of 1.21 mV/m. Note: The principles demonstrated in the previous examples for the calculation of the 50% exclusion method also apply to calculations using the 25% exclusion method after appropriate adjustment. ( l ) Objectionable nighttime interference from a station shall be considered to exist to a station when, at the field strength contour specified in paragraph (q) of this section with respect to the class to which the station belongs, the field strength of an interfering station operating on the same channel or on a first adjacent channel after signal adjustment using the proper protection ratio, exceeds for 10% or more of the time the value of the permissible interfering signal set forth opposite such class in paragraph (q) of this section. ( m ) For the purpose of estimating the coverage and the interfering effects of stations in the absence of field strength measurements, use shall be made of Figure 8 of § 73.190 , which describes the estimated effective field (for 1 kW power input) of simple vertical omnidirectional antennas of various heights with ground systems having at least 120 quarter-wavelength radials. Certain approximations, based on the curve or other appropriate theory, may be made when other than such antennas and ground systems are employed, but in any event the effective field to be employed shall not be less than the following: Class of station Effective field (at 1 km) All Class A (except Alaskan) 275 mV/m. Class A (Alaskan), B and D 215 mV/m. Class C 180 mV/m. Note (1): When a directional antenna is employed, the radiated signal of a broadcasting station will vary in strength in different directions, possibly being greater than the above values in certain directions and less in other directions depending upon the design and adjustment of the directional antenna system. To determine the interference in any direction, the measured or calculated radiated field (unattenuated field strength at 1 kilometer from the array) must be used in conjunction with the appropriate propagation curves. (See § 73.185 for further discussion and solution of a typical directional antenna case.) Note (2): For Class B stations in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands, 180 mV/m shall be used. ( n ) The existence or absence of objectionable groundwave interference from stations on the same or adjacent channels shall be determined by actual measurements made in accordance with the method described in § 73.186 , or in the absence of such measurements, by reference to the propagation curves of § 73.184 . The existence or absence of objectionable interference due to skywave propagation shall be determined by reference to Formula 2 in § 73.190 . ( o ) Computation of skywave field strength values: — ( 1 ) Fifty percent skywave field strength values (clear channel). In computing the fifty percent skywave field strength values of a Class A clear channel station, use shall be made of Formula 1 of § 73.190 , entitled “Skywave Field Strength” for 50 percent of the time. ( 2 ) Ten percent skywave field strength values. In computing the 10% skywave field strength for stations on a single signal or an RSS basis, Formula 2 in § 73.190 shall be used. ( 3 ) Determination of angles of departure. In calculating skywave field strength for stations on all channels, the pertinent vertical angle shall be determined by use of the formula in § 73.190(d) . ( p ) The distance to any specified groundwave field strength contour for any frequency may be determined from the appropriate curves in § 73.184 entitled “Ground Wave Field Strength vs. Distance.” ( q ) Normally protected service contours and permissible interference signals for broadcast stations are as follows (for Class A stations, see also paragraph (a) of this section): Class of station Class of channel used Signal strength contour of area protected from objectionable interference [remove footnote reference] (µV/m) Permissible interfering signal (µV/m) Day 1 Night Day 1 Night 2 A Clear SC 100 SC 500 50% SW SC 5 SC 25. AC 500 AC 500 GW AC 250 AC 250. A (Alaskan) ......do SC 100 SC 100 50% SW SC 5 SC 5. AC 500 AC 500 GW AC 250 AC 250. B Clear 500 2000 1 25 25. Regional AC 250 250. C Local 500 No presc. 3 SC 25 Not presc. D Clear 500 Not presc. SC 25 Not presc. Regional AC 250 1 Groundwave. 2 Skywave field strength for 10 percent or more of the time. 3 During nighttime hours, Class C stations in the contiguous 48 States may treat all Class B stations assigned to 1230, 1240, 1340, 1400, 1450, and 1490 kHz in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands as if they were Class C stations. Note: SC = Same channel; AC = Adjacent channel; SW = Skywave; GW = Groundwave ( r ) The following table of logarithmic expressions is to be used as required for determining the minimum permissible ratio of the field strength of a desired to an undesired signal. This table shall be used in conjunction with the protected contours specified in paragraph (q) of this section. Frequency separation of desired to undesired signals (kHz) Desired Groundwave to: Desired 50% Skywave to Undesired 10% Skywave (dB) Undesired groundwave (dB) Undesired 10% Skywave (dB) 0 26 26 26 10 6 6 not presc. ( s ) Two stations, one with a frequency twice of the other, should not be assigned in the same groundwave service area unless special precautions are taken to avoid interference from the second harmonic of the station operating on the lower frequency. Additionally, in selecting a frequency, consideration should be given to the fact that occasionally the frequency assignment of two stations in the same area may bear such a relation to the intermediate frequency of some broadcast receivers as to cause “image” interference, However, since this can usually be rectified by readjustment of the intermediate frequency of such receivers, the Commission, in general, will not take this kind of interference into consideration when authorizing stations. ( t ) The groundwave service of two stations operating with synchronized carriers and broadcasting identical programs will be subject to some distortion in areas where the signals from the two stations are of comparable strength. For the purpose of estimating coverage of such stations, areas in which the signal ratio is between 1:2 and 2:1 will not be considered as receiving satisfactory service. Note: Two stations are considered to be operated synchronously when the carriers are maintained within 0.2 Hz of each other and they transmit identical program s. [ 56 FR 64862 , Dec. 12, 1991; 57 FR 43290 , Sept. 18, 1992, as amended at 58 FR 27950 , May 12, 1993; 81 FR 2759 , Jan. 19, 2016] § 73.183 Groundwave signals. ( a ) Interference that may be caused by a proposed assignment or an existing assignment during daytime hours should be determined, when possible, by measurements on the frequency involved or on another frequency over the same terrain and by means for the curves in § 73.184 entitled “Ground Wave Field Strength versus Distance.” Note: Groundwave field strength measurements will not be accepted or considered for the purpose of establishing that interference to a station in a foreign country other than Canada, or that the field strength at the border thereof, would be less than indicated by the use of the ground conductivity maps and engineering standards contained in this part and applicable international agreements. Satisfactory groundwave measurements offered for the purpose of demonstrating values of conductivity other than those shown by Figure M3 in problems involving protection of Canadian stations will be considered only if, after review thereof, the appropriate agency of the Canadian government notifies the Commission that they are acceptable for such purpose. ( b ) ( 1 ) In all cases where measurements taken in accordance with the requirements are not available, the groundwave strength must be determined by means of the pertinent map of ground conductivity and the groundwave curves of field strength versus distance. The conductivity of a given terrain may be determined by measurements of any broadcast signal traversing the terrain involved. Figure M3 (See Note 1) shows the conductivity throughout the United States by general areas of reasonably uniform conductivity. When it is clear that only one conductivity value is involved, Figure R3 of § 73.190 , may be used. It is a replica of Figure M3, and is contained in these standards. In all other situations Figure M3 must be employed. It is recognized that in areas of limited size or over a particular path, the conductivity may vary widely from the values given; therefore, these maps are to be used only when accurate and acceptable measurements have not been made. ( 2 ) For determinations of interference and service requiring a knowledge of ground conductivities in other countries, the ground conductivity maps comprising Appendix 1 to Annex 2 of each of the following international agreements may be used: ( i ) For Canada, the U.S.-Canada AM Agreement, 1984; ( ii ) For Mexico, the U.S.-Mexico AM Agreement, 1986; and ( iii ) For other Western Hemisphere countries, the Regional Agreement for the Medium Frequency Broadcasting Service in Region 2. Where different conductivities appear in the maps of two countries on opposite sides of the border, such differences are to be considered as real, even if they are not explained by geophysical cleavages. ( c ) Example of determining interference by the graphs in § 73.184 : It is desired to determine whether objectionable interference exists between a proposed 5 kW Class B station on 990 kHz and an existing 1 kW Class B station on first adjacent channel, 1000 kHz. The distance between the two stations is 260 kilometers and both stations operate nondirectionally with antenna systems that produce a horizontal effective field of 282 in mV/m at one kilometer. (See § 73.185 regarding use of directional antennas.) The ground conductivity at the site of each station and along the intervening terrain is 6 mS/m. The protection to Class B stations during daytime is to the 500 µV/m (0.5 Vm) contour using a 6 dB protection factor. The distance to the 500 µV/m groundwave contour of the 1 kW station is determined by the use of the appropriate curve in § 73.184 . Since the curve is plotted for 100 mV/m at a 1 kilometer, to find the distance of the 0.5 mV/m contour of the 1 kw station, it is necessary to determine the distance to the 0.1773 m/Vm contour. (100 × 0.5 / 282 = 0.1773) Using the 6 mS/m curve, the estimated radius of the 0.5 mV/m contour is 62.5 kilometers. Subtracting this distance from the distance between the two stations leaves 197.5 kilometers. Using the same propagation curve, the signal from the 5 kW station at this distance is seen to be 0.059 mV/m. Since a protection ratio of 6 dB, desired to undesired signal, applies to stations separated by 10 kHz, the undesired signal could have had a value of up to 0.25 mV/m without causing objectionable interference. For co-channel studies, a desired to undesired signal ratio of no less than 20:1 (26 dB) is required to avoid causing objectionable interference. ( d ) Where a signal traverses a path over which different conductivities exist, the distance to a particular groundwave field strength contour shall be determined by the use of the equivalent distance method. Reasonably accurate results may be expected in determining field strengths at a distance from the antenna by application of the equivalent distance method when the unattenuated field of the antenna, the various ground conductivities and the location of discontinuities are known. This method considers a wave to be propagated across a given conductivity according to the curve for a homogeneous earth of that conductivity. When the wave crosses from a region of one conductivity into a region of a second conductivity, the equivalent distance of the receiving point from the transmitter changes abruptly but the field strength does not. From a point just inside the second region the transmitter appears to be at that distance where, on the curve for a homogeneous earth of the second conductivity, the field strength equals the value that occurred just across the boundary in the first region. Thus the equivalent distance from the receiving point to the transmitter may be either greater or less than the actual distance. An imaginary transmitter is considered to exist at that equivalent distance. This technique is not intended to be used as a means of evaluating unattenuated field or ground conductivity by the analysis of measured data. The method to be employed for such determinations is set out in § 73.186 . ( e ) Example of the use of the equivalent distance method; It is desired to determine the distance to the 0.5 mV/m and 0.025 mV/m contours of a station on a frequency of 1000 kHz with an inverse distance field of 100 mV/m at one kilometer being radiated over a path having a conductivity of 10 mS/m for a distance of 20 kilometers, 5 mS/m for the next 30 kilometers and 15 mS/m thereafter. Using the appropriate curve in § 73.184 , Graph 12, at a distance of 20 kilometers on the curve for 10 mS/m, the field strength is found to be 2.84 mV/m. On the 5mS/m curve, the equivalent distance to this field strength is 14.92 kilometers, which is 5.08 (20−14.92 kilometers nearer to the transmitter. Continuing on the propagation curve, the distance to a field strength of 0.5 mV/m is found to be 36.11 kilometers. The actual length of the path travelled, however, is 41.19 (36.11 + 5.08) kilometers. Continuing on this propagation curve to the conductivity change at 44.92 (50.00−5.08) kilometers, the field strength is found to be 0.304 mV/m. On the 15 mS/m propagation curve, the equivalent distance to this field strength is 82.94 kilometers, which changes the effective path length by 38.02 (82.94−44.92) kilometers. Continuing on this propagation curve, the distance to a field strength of 0.025 mV/m is seen to be 224.4 kilometers. The actual length of the path travelled, however, is 191.46 (224.4 + 5.08−38.02) kilometers. [ 28 FR 13574 , Dec. 14, 1963, as amended at 44 FR 36037 , June 20, 1979; 48 FR 9011 , Mar. 3, 1983; 50 FR 18822 , May 2, 1985; 50 FR 24522 , June 11, 1985; 51 FR 9965 , Mar. 24, 1986; 54 FR 39736 , Sept. 28, 1989; 56 FR 64866 , Dec. 12, 1991; 57 FR 43290 , Sept. 18, 1992] § 73.184 Groundwave field strength graphs. ( a ) Graphs 1 to 20 show, for each of 20 frequencies, the computed values of groundwave field strength as a function of groundwave conductivity and distance from the source of radiation. The groundwave field strength is considered to be that part of the vertical component of the electric field which has not been reflected from the ionosphere nor from the troposphere. These 20 families of curves are plotted on log-log graph paper and each is to be used for the range of frequencies shown thereon. Computations are based on a dielectric constant of the ground (referred to air as unity) equal to 15 for land and 80 for sea water and for the ground conductivities (expressed in mS/m) given on the curves. The curves show the variation of the groundwave field strength with distance to be expected for transmission from a vertical antenna at the surface of a uniformly conducting spherical earth with the groundwave constants shown on the curves. The curves are for an antenna power of such efficiency and current distribution that the inverse distance (unattenuated) field is 100 mV/m at 1 kilometer. The curves are valid for distances that are large compared to the dimensions of the antenna for other than short vertical antennas. ( b ) The inverse distance field (100 mV/m divided by the distance in kilometers) corresponds to the groundwave field intensity to be expected from an antenna with the same radiation efficiency when it is located over a perfectly conducting earth. To determine the value of the groundwave field intensity corresponding to a value of inverse distance field other than 100 mV/m at 1 kilometer, multiply the field strength as given on these graphs by the desired value of inverse distance field at 1 kilometer divided by 100; for example, to determine the groundwave field strength for a station with an inverse distance field of 2700 mV/m at 1 kilometer, simply multiply the values given on the charts by 27. The value of the inverse distance field to be used for a particular antenna depends upon the power input to the antenna, the nature of the ground in the neighborhood of the antenna, and the geometry of the antenna. For methods of calculating the interrelations between these variables and the inverse distance field, see “The Propagation of Radio Waves Over the Surface of the Earth and in the Upper Atmosphere,” Part II, by Mr. K.A. Norton, Proc. I.R.E., Vol. 25, September 1937, pp. 1203-1237. Note: The computed values of field strength versus distance used to plot Graphs 1 to 20 are available in tabular form. For information on obtaining copies of these tabulations call or write the Consumer Affairs Office, Federal Communications Commission, Washington, DC 20554, (202) 632-7000. ( c ) Provided the value of the dielectric constant is near 15, the ground conductivity curves of Graphs 1 to 20 may be compared with actual field strength measurement data to determine the appropriate values of the ground conductivity and the inverse distance field strength at 1 kilometer. This is accomplished by plotting the measured field strengths on transparent log-log graph paper similar to that used for Graphs 1 to 20 and superimposing the plotted graph over the Graph corresponding to the frequency of the station measured. The plotted graph is then shifted vertically until the plotted measurement data is best aligned with one of the conductivity curves on the Graph; the intersection of the inverse distance line on the Graph with the 1 kilometer abscissa on the plotted graph determines the inverse distance field strength at 1 kilometer. For other values of dielectric constant, the following procedure may be used to determine the dielectric constant of the ground, the ground conductivity and the inverse distance field strength at 1 kilometer. Graph 21 gives the relative values of groundwave field strength over a plane earth as a function of the numerical distance p and phase angle b. On graph paper with coordinates similar to those of Graph 21, plot the measured values of field strength as ordinates versus the corresponding distances from the antenna in kilometers as abscissae. The data should be plotted only for distances greater than one wavelength (or, when this is greater, five times the vertical height of the antenna in the case of a nondirectional antenna or 10 times the spacing between the elements of a directional antenna) and for distances less than 80f 1/3 MHz kilometers ( i.e. , 80 kilometers at 1 MHz). Then, using a light box, place the plotted graph over Graph 21 and shift the plotted graph vertically and horizontally (making sure that the vertical lines on both sheets are parallel) until the best fit with the data is obtained with one of the curves on Graph 21. When the two sheets are properly lined up, the value of the field strength corresponding to the intersection of the inverse distance line of Graph 21 with the 1 kilometer abscissa on the data sheet is the inverse distance field strength at 1 kilometer, and the values of the numerical distance at 1 kilometer, p 1 , and of b are also determined. Knowing the values of b and p 1 (the numerical distance at one kilometer), we may substitute in the following approximate values of the ground conductivity and dielectric constant. (R/λ) 1 = Number of wavelengths in 1 kilometer, f MHz = frequency expressed in megahertz, ε = dielectric constant on the ground referred to air as unity. First solve for χ by substituting the known values of p 1 , (R/λ) 1 , and cos b in equation (1). Equation (2) may then be solved for δ and equation (3) for ε. At distances greater than 80/f 1/3 MHz kilometers the curves of Graph 21 do not give the correct relative values of field strength since the curvature of the earth weakens the field more rapidly than these plane earth curves would indicate. Thus, no attempt should be made to fit experimental data to these curves at the larger distances. Note: For other values of dielectric constant, use can be made of the computer program which was employed by the FCC in generating the curves in Graphs 1 to 20. For information on obtaining a printout of this program, call or write the Consumer Affairs Office, Federal Communications Commission, Washington, DC 200554, (202) 632-7000. ( d ) At sufficiently short distances (less than 55 kilometers at AM broadcast frequencies), such that the curvature of the earth does not introduce an additional attenuation of the waves, the curves of Graph 21 may be used to determine the groundwave field strength of transmitting and receiving antennas at the surface of the earth for any radiated power, frequency, or set of ground constants. First, trace the straight inverse distance line corresponding to the power radiated on transparent log-log graph paper similar to that of Graph 21, labelling the ordinates of the chart in terms of field strength, and the abscissae in terms of distance. Next, using the formulas given on Graph 21, calculate the value of the numerical distance, p, at 1 kilometer, and the value of b. Then superimpose the log-log graph paper over Graph 21, shifting it vertically until both inverse distance lines coincide and shifting it horizontally until the numerical distance at 1 kilometer on Graph 21 coincides with 1 kilometer on the log-log graph paper. The curve of Graph 21 corresponding to the calculated value of b is then traced on the log-log graph paper giving the field strength versus distance in kilometers. ( e ) This paragraph consists of the following Graphs 1 to 20 and 21. Note: The referenced graphs are not published in the CFR, nor will they be included in the Commission's automated rules system. For information on obtaining copies of the graphs call or write the Consumer Affairs Office, Federal Communications Commission, Washington, DC 20554, Telephone: (202) 632-7000. [ 28 FR 13574 , Dec. 14, 1963, as amended at 50 FR 18823 , May 2, 1985; 51 FR 45891 , Dec. 23, 1986; 52 FR 36878 , Oct. 1, 1987; 56 FR 64866 , Dec. 12, 1991; 57 FR 43290 , Sept. 18, 1992] § 73.185 Computation of interfering signal. ( a ) Measured values of radiation are not to be used in calculating overlap, interference, and coverage. ( 1 ) In the case of an antenna which is intended to be non-directional in the horizontal plane, an ideal non-directional radiation pattern shall be used in determining interference, overlap, and coverage, even if the antenna is not actually non-directional. ( 2 ) In the case of an antenna which is directional in the horizontal plane, the radiation which shall be used in determining interference, overlap, and coverage is that calculated pursuant to § 73.150 or § 73.152 , depending on whether the station has a standard or modified standard pattern. ( 3 ) In the case of calculation of interference or overlap to (not from) a foreign station, the notified radiation shall be used, even if the notified radiation differs from that in paragraphs (a) (1) or (2) of this section. ( b ) For skywave signals from stations operating on all channels, interference shall be determined from the appropriate formulas and Figure 6a contained in § 73.190 . ( c ) The formulas in § 73.190(d) depicted in Figure 6a of § 73.190 , entitled “Angles of Departure versus Transmission Range” are to be used in determining the angles in the vertical pattern of the antenna of an interfering station to be considered as pertinent to transmission by one reflection. To provide for variation in the pertinent vertical angle due to variations of ionosphere height and ionosphere scattering, the curves 2 and 3 indicate the upper and lower angles within which the radiated field is to be considered. The maximum value of field strength occurring between these angles shall be used to determine the multiplying factor to apply to the 10 percent skywave field intensity value determined from Formula 2 in § 73.190 . The multiplying factor is found by dividing the maximum radiation between the pertinent angles by 100 mV/m. ( d ) Example of the use of skywave curves and formulas: Assume a proposed new Class B station from which interference may be expected is located at a distance of 724 kilometers from a licensed Class B station. The proposed station specifies geographic coordinates of 40°00′00″ N and 100°00′00″ W and the station to be protected is located at an azimuth of 45° true at geographic coordinates of 44°26′05″ N and 93°32′54″ W. The critical angles of radiation as determined from Figure 6a of § 73.190 for use with Class B stations are 9.6° and 16.6°. If the vertical pattern of the antenna of the proposed station in the direction of the existing station is such that, between the angles of 9.6° and 16.6° above the horizon the maximum radiation is 260 mV/m at one kilometer, the value of the 50% field, as derived from Formula 1 of § 73.190 , is 0.06217 mV/m at the location of the existing station. To obtain the value of the 10% field, the 50% value must be adjusted by a factor derived from Formula 2 of § 73.190 . The value in this case is 8.42 dB. Thus, the 10% field is 0.1616 mV/m. Using this in conjunction with the co-channel protection ratio of 26 dB, the resultant nighttime limit from the proposed station to the licensed station is 3.232 mV/m. ( e ) In the case of an antenna which is non-directional in the horizontal plane, the vertical distribution of the relative fields should be computed pursuant to § 73.160 . In the case of an antenna which is directional in the horizontal plane, the vertical pattern in the great circle direction toward the point of reception in question must first be calculated. In cases where the radiation in the vertical plane, at the pertinent azimuth, contains a large lobe at a higher angle than the pertinent angle for one reflection, the method of calculating interference will not be restricted to that just described; each such case will be considered on the basis of the best knowledge available. ( f ) In performing calculations to determine permissible radiation from stations operating presunrise or postsunset in accordance with § 73.99 , calculated diurnal factors will be multiplied by the values of skywave field strength for such stations obtained from Formula 1 or 2 of § 73.190 . ( 1 ) The diurnal factor is determined using the time of day at the mid-point of path between the site of the interfering station and the point at which interference is being calculated. Diurnal factors are computed using the formula D f = a + bF + cF 2 + dF 3 where: D f represents the diurnal factor, F is the frequency in MHz, a,b,c, and d are constants obtained from the tables in paragraph (k)(2) A diurnal factor greater than one will not be used in calculations and interpolation is to be used between calculated values where necessary. For reference purposes, curves for presunrise and postsunset diurnal factors are contained in Figures 13 and 14 of § 73.190 . ( 2 ) Constants used in calculating diurnal factors for the presunrise and postsunset periods are contained in paragraphs (f)(2) (i) and (ii) of this section respectively. The columns labeled T mp represent the number of hours before and after sunrise and sunset at the path midpoint. (i) Presunrise Constants T mp a b c d −2 1.3084 .0083 −.0155 .0144 −1.75 1.3165 −.4919 .6011 −.1884 −1.5 1.0079 .0296 .1488 −.0452 −1.25 .7773 .3751 −.1911 .0736 −1 .6230 .1547 .2654 −.1006 −.75 .3718 .1178 .3632 −.1172 −.5 .2151 .0737 .4167 −.1413 −.25 .2027 −.2560 .7269 −.2577 SR .1504 −.2325 .5374 −.1729 + .25 .1057 −.2092 .4148 −.1239 + 5. .0642 −.1295 .2583 −.0699 + .75 .0446 −.1002 .1754 −.0405 + 1 .0148 .0135 .0462 .0010 (ii) Postsunset Constants T mp a b c d 1.75 .9495 −.0187 .0720 −.0290 1.5 .7196 .3583 −.2280 .0611 1.25 .6756 .1518 .0279 −.0163 1.0 .5486 .1401 .0952 −.0288 .75 .3003 .4050 −.0961 .0256 .5 .1186 .4281 −.0799 .0197 .25 .0382 .3706 −.0673 .0171 SS .0002 .3024 −.0540 .0086 −.25 .0278 .0458 .1473 −.0486 −.5 .0203 .0132 .1166 −.0340 −.75 .0152 −.0002 .0786 −.0185 −1.0 −.0043 .0452 −.0040 .0103 −1.25 .0010 .0135 .0103 .0047 −1.5 .0018 .0052 .0069 .0042 −1.75 −.0012 .0122 −.0076 .0076 −2.0 −.0024 .0141 −.0141 .0091 Editorial Note Editorial Note: At 56 FR 64867 , Dec. 12, 1991, § 73.185 was amended by redesignating paragraphs (d), (e), (h), and (k) as (c), (d), (e), and (f), resulting in two consecutive paragraph (f)'s. These paragraphs will be correctly designated by a Federal Communication Commission document published in the Federal Register at a later date. ( f ) For stations operating on regional and local channels, interfering skywave field intensities shall be determined in accordance with the procedure specified in (d) of this section and illustrated in (e) of this section, except that Figure 2 of § 73.190 is used in place of Figure 1a and 1b and the formulas of § 73.190 . In using Figure 2 of § 73.190 , one additional parameter must be considered, i.e. , the variation of received field with the latitude of the path. ( g ) Figure 2 of § 73.190 , “10 percent Skywave Signal Range Chart,” shows the signal as a function of the latitude of the transmission path, which is defined as the geographic latitude of the midpoint between the transmitter and receiver. When using Figure 2 of § 73.190 , latitude 35° should be used in case the mid-point of the path lies below 35° North and latitude 50° should be used in case the mid-point of the path lies above 50° North. [ 30 FR 13783 , Oct. 29, 1965, as amended at 33 FR 15420 , Oct. 17, 1968; 46 FR 11995 , Feb. 12, 1981; 48 FR 42958 , Sept. 20, 1983; 50 FR 18843 , May 2, 1985; 56 FR 64867 , Dec. 12, 1991] § 73.186 Establishment of effective field at one kilometer. ( a ) Section 73.189 provides that certain minimum field strengths are acceptable in lieu of the required minimum physical heights of the antennas proper. Also, in other situations, it may be necessary to determine the effective field. The following requirements shall govern the taking and submission of data on the field strength produced: ( 1 ) Beginning as near to the antenna as possible without including the induction field and to provide for the fact that a broadcast antenna is not a point source of radiation (not less than one wave length or 5 times the vertical height in the case of a single element, i.e. , nondirectional antenna or 10 times the spacing between the elements of a directional antenna), measurements shall be made on six or more radials, at intervals of approximately 0.2 kilometer up to 3 kilometers from the antenna, at intervals of approximately one kilometer from 3 kilometers to 5 kilometers from the antenna, at intervals of approximately 2 kilometers from 5 kilometers to 15 kilometers from the antenna, and a few additional measurements if needed at greater distances from the antenna. Where the antenna is rurally located and unobstructed measurements can be made, there shall be at least 15 measurements on each radial. These shall include at least 7 measurements within 3 kilometers of the antenna. However, where the antenna is located in a city where unobstructed measurements are difficult to make, measurements shall be made on each radial at as many unobstructed locations as possible, even though the intervals are considerably less than stated above, particularly within 3 kilometers of the antenna. In cases where it is not possible to obtain accurate measurements at the closer distances (even out to 8 or 10 kilometers due to the character of the intervening terrain), the measurements at greater distances should be made at closer intervals. ( 2 ) The data required by paragraph (a)(1) of this section should be plotted for each radial in accordance with either of the two methods set forth below: ( i ) Using log-log coordinate paper, plot field strengths as ordinate and distance as abscissa. ( ii ) Using semi-log coordinate paper, plot field strength times distance as ordinate on the log scale and distance as abscissa on the linear scale. ( 3 ) However, regardless of which of the methods in paragraph (a)(2) of this section is employed, the proper curve to be drawn through the points plotted shall be determined by comparison with the curves in § 73.184 as follows: Place the sheet on which the actual points have been plotted over the appropriate Graph in § 73.184 , hold to the light if necessary and adjust until the curve most closely matching the points is found. This curve should then be drawn on the sheet on which the points were plotted, together with the inverse distance curve corresponding to that curve. The field at 1 kilometer for the radial concerned shall be the ordinate on the inverse distance curve at 1 kilometer. ( 4 ) When all radials have been analyzed in accordance with paragraph (a)(3) of this section, a curve shall be plotted on polar coordinate paper from the fields obtained, which gives the inverse distance field pattern at 1 kilometer. The radius of a circle, the area of which is equal to the area bounded by this pattern, is the effective field. (See § 73.14 .) ( 5 ) The antenna power of the station shall be maintained at the authorized level during all field measurements. The power determination will be made using the direct method as described in § 73.51(a) with instruments of acceptable accuracy specified in § 73.1215 . ( b ) Complete data taken in conjunction with the field strength measurements shall be submitted to the Commission in affidavit form including the following: ( 1 ) Tabulation by number of each point of measurement to agree with the maps required in paragraph (c) of this section, the date and time of each measurement, the field strength (E), the distance from the antenna (D) and the product of the field strength and distance (ED) (if data for each radial are plotted on semilogarithmic paper, see paragraph (a)(2)(ii) of this section) for each point of measurement. ( 2 ) Description of method used to take field strength measurements. ( 3 ) The family of theoretical curves used in determining the curve for each radial properly identified by conductivity and dielectric constants. ( 4 ) The curves drawn for each radial and the field strength pattern. ( 5 ) The antenna resistance at the operating frequency. ( 6 ) Antenna current or currents maintained during field strength measurements. ( c ) Maps showing each measurement point numbered to agree with the required tabulation shall be retained in the station records and shall be available to the FCC upon request. [ 28 FR 13574 , Dec. 14, 1963, as amended at 41 FR 44178 , Oct. 7, 1976; 46 FR 11995 , Feb. 12, 1981; 49 FR 49851 , Dec. 24, 1984; 50 FR 18843 , May 2, 1985; 50 FR 47055 , Nov. 14, 1985; 51 FR 2707 , Jan. 21, 1986; 52 FR 10570 , Apr. 2, 1987; 66 FR 20757 , Apr. 25, 2001] § 73.187 Limitation on daytime radiation. ( a ) ( 1 ) Except as otherwise provided in paragraphs (a)(2) and (3) of this section, no authorization will be granted for a Class B or Class D station on a frequency specified in § 73.25 if the proposed operation would radiate during the period of critical hours (the two hours after local sunrise and the two hours before local sunset) toward any point on the 0.1 mV/m contour of a co-channel U.S. Class A station, at or below the pertinent vertical angle determined from Curve 2 of Figure 6a of § 73.190 , values in excess of those obtained as provided in paragraph (b) of this section. ( 2 ) The limitation set forth in paragraph (a)(1) of this section shall not apply in the following cases: ( i ) Any Class B or Class D operation authorized before November 30, 1959; or ( ii ) For Class B and Class D stations authorized before November 30, 1959, subsequent changes of facilities which do not involve a change in frequency, an increase in radiation toward any point on the 0.1 mV/m contour of a co-channel U.S. Class A station, or the move of transmitter site materially closer to the 0.1 mV/m contour of such Class A station. ( 3 ) A Class B or Class D station authorized before November 30, 1959, and subsequently authorized to increase daytime radiation in any direction toward the 0.1 mV/m contour of a co-channel U.S. Class A station (without a change in frequency or a move of transmitter site materially closer to such contour), may not, during the two hours after local sunrise or the two hours before local sunset, radiate in such directions a value exceeding the higher of: ( i ) The value radiated in such directions with facilities last authorized before November 30, 1959, or ( ii ) The limitation specified in paragraph (a)(1) of this section. ( b ) To obtain the maximum permissible radiation for a Class B or Class D station on a given frequency from 640 through 990 kHz, multiply the radiation value obtained for the given distance and azimuth from the 500 kHz chart (Figure 9 of § 73.190 ) by the appropriate interpolation factor shown in the K 500 column of paragraph (c) of this section; and multiply the radiation value obtained for the given distance and azimuth from the 1000 kHz chart (Figure 10 of § 73.190 ) by the appropriate interpolation factor shown in the K 1000 column of paragraph (c) of this section. Add the two products thus obtained; the result is the maximum radiation value applicable to the Class B or Class D station in the pertinent directions. For frequencies from 1010 to 1580 kHz, obtain in a similar manner the proper radiation values from the 1000 and 1600 kHz charts (Figures 10 and 11 of § 73.190 ), multiply each of these values by the appropriate interpolation factors in the K′ 1000 and K′ 1600 columns in paragraph (c) of this section, and add the products. ( c ) Interpolation factors. ( 1 ) Frequencies below 1000 kHz. fkHz K 500 K 1000 640 0.720 0.280 650 0.700 0.300 660 0.680 0.320 670 0.660 0.340 680 0.640 0.360 690 0.620 0.380 700 0.600 0.400 710 0.580 0.420 720 0.560 0.440 730 0.540 0.460 740 0.520 0.480 750 0.500 0.500 760 0.480 0.520 770 0.460 0.540 780 0.440 0.560 800 0.400 0.600 810 0.380 0.620 820 0.360 0.640 830 0.340 0.660 840 0.320 0.680 850 0.300 0.700 860 0.280 0.720 870 0.260 0.740 880 0.240 0.760 890 0.220 0.780 900 0.200 0.800 940 0.120 0.880 990 0.020 0.980 ( 2 ) Frequencies above 1000 kHz. f′kHz K′ 1000 K′ 1600 1010 0.983 0.017 1020 0.967 0.033 1030 0.950 0.050 1040 0.933 0.067 1050 0.917 0.083 1060 0.900 0.100 1070 0.883 0.117 1080 0.867 0.133 1090 0.850 0.150 1100 0.833 0.167 1110 0.817 0.183 1120 0.800 0.200 1130 0.783 0.217 1140 0.767 0.233 1160 0.733 0.267 1170 0.717 0.283 1180 0.700 0.300 1190 0.683 0.317 1200 0.667 0.333 1210 0.650 0.350 1220 0.633 0.367 1500 0.167 0.833 1510 0.150 0.850 1520 0.133 0.867 1530 0.117 0.883 1540 0.100 0.900 1550 0.083 0.917 1560 0.067 0.933 1570 0.050 0.950 1580 0.033 0.967 [ 28 FR 13574 , Dec. 14, 1963, as amended at 49 FR 43962 , Nov. 1, 1984; 56 FR 64868 , Dec. 12, 1991] § 73.189 Minimum antenna heights or field strength requirements. ( a ) Section 73.45 requires that all applicants for new, additional, or different broadcast facilities and all licensees requesting authority to move 0the transmitter of an existing station, shall specify a radiating system, the efficiency of which complies with the requirements of good engineering practice for the class and power of the station. ( b ) The specifications deemed necessary to meet the requirements of good engineering practice at the present state of the art are set out in detail below. ( 1 ) The licensee of a AM broadcast station requesting a change in power, time of operation, frequency, or transmitter location must also request authority to install a new antenna system or to make changes in the existing antenna system which will meet the minimum height requirements, or submit evidence that the present antenna system meets the minimum requirements with respect to field strength, before favorable consideration will be given thereto. (See § 73.186 .) In the event it is proposed to make substantial changes in an existing antenna system, the changes shall be such as to meet the minimum height requirements or will be permitted subject to the submission of field strength measurements showing that it meets the minimum requirements with respect to effective field strength. ( 2 ) These minimum actual physical vertical heights of antennas permitted to be installed are shown by curves A, B, and C of Figure 7 of § 73.190 as follows: ( i ) Class C stations, and stations in Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands on 1230, 1240, 1340, 1400, 1450 and 1490 kHz that were formerly Class C and were redesignated as Class B pursuant to § 73.26(b) , 45 meters or a minimum effective field strength of 180 mV/m for 1 kW at 1 kilometer (90 mV/m for 0.25 kW at 1 kilometer). (This height applies to a Class C station on a local channel only. Curve A shall apply to any Class C stations in the 48 conterminous States that are assigned to Regional channels.) ( ii ) Class A (Alaska), Class B and Class D stations other than those covered in § 73.189(b)(2)(i) , a minimum effective field strength of 215 mV/m for 1 kW at 1 kilometer. ( iii ) Class A stations, a minimum effective field strength of 275 mV/m for 1 kW at 1 kilometer. ( 3 ) The heights given on the graph for the antenna apply regardless of whether the antenna is located on the ground or on a building. Except for the reduction of shadows, locating the antenna on a building does not necessarily increase the efficiency and where the height of the building is in the order of a quarter wave the efficiency may be materially reduced. ( 4 ) At the present development of the art, it is considered that where a vertical radiator is employed with its base on the ground, the ground system should consist of buried radial wires at least one-fourth wave length long. There should be as many of these radials evenly spaced as practicable and in no event less than 90. (120 radials of 0.35 to 0.4 of a wave length in length and spaced 3° is considered an excellent ground system and in case of high base voltage, a base screen of suitable dimensions should be employed.) ( 5 ) In case it is contended that the required antenna efficiency can be obtained with an antenna of height or ground system less than the minimum specified, a complete field strength survey must be supplied to the Commission showing that the field strength at a mile without absorption fulfills the minimum requirements. (See § 73.186 .) This field survey must be made by a qualified engineer using equipment of acceptable accuracy. ( 6 ) The main element or elements of a directional antenna system shall meet the above minimum requirements with respect to height or effective field strength. No directional antenna system will be approved which is so designed that the effective field of the array is less than the minimum prescribed for the class of station concerned, or in case of a Class A station less than 90 percent of the ground wave field which would be obtained from a perfect antenna of the height specified by Figure 7 of § 73.190 for operation on frequencies below 1000 kHz, and in the case of a Class B or Class D station less than 90 percent of the ground wave field which would be obtained from a perfect antenna of the height specified by Figure 7 of § 73.190 for operation on frequencies below 750 kHz. [ 28 FR 13574 , Dec. 14, 1963, as amended at 31 FR 8069 , June 8, 1966; 33 FR 15420 , Oct. 17, 1968; 44 FR 36038 , June 20, 1979; 50 FR 18844 , May 2, 1985; 51 FR 2707 , Jan. 21, 1986; 51 FR 4753 , Feb. 7, 1986; 52 FR 10570 , Apr. 2, 1987; 56 FR 64868 , Dec. 12, 1991; 81 FR 2760 , Jan. 19, 2016] § 73.190 Engineering charts and related formulas. ( a ) This section consists of the following Figures: 2, r3, 5, 6a, 7, 8, 9, 10, 11, 12, and 13. Additionally, formulas that are directly related to graphs are included. ( b ) Formula 1 is used for calculation of 50% skywave field strength values. Formula 1. Skywave field strength, 50% of the time (at SS + 6): The skywave field strength, F c (50), for a characteristic field strength of 100 mV/m at 1 km is given by: The slant distance, D , is given by: The geomagnetic latitude of the midpoint of the path, Φ M , is given by: Φ M = arcsin[sin a M sin 78.5° + cos a M cos 78.5° cos(69 + b M )]degrees (Eq. 3) The short great-circle path distance, d, is given by: Where: d ° = arccos[sin a T sin a R + cos a T cos a R cos( b R − b T )]degrees (Eq.5) Where: a T is the geographic latitude of the transmitting terminal (degrees) a R is the geographic latitude of the receiving terminal (degrees) b T is the geographic longitude of the transmitting terminal (degrees) b R is the geographic longitude of the receiving terminal (degrees) a M is the geographic latitude of the midpoint of the great-circle path (degrees) and is given by: b M is the geographic longitude of the midpoint of the great-circle path (degrees) and is given by: Note (1): If |F M | is greater than 60 degrees, equation (1) is evaluated for | F M | = 60 degrees. Note (2): North and east are considered positive; south and west negative. Note (3): In equation (7), k = −1 for west to east paths ( i.e. , b R > b T ), otherwise k = 1. ( c ) Formula 2 is used for calculation of 10% skywave field strength values. Formula 2. Skywave field strength, 10% of the time (at SS + 6): The skywave field strength, F c (10), is given by: F c (10) = F c (50) + Δ dB(µV/m) Where: Δ = 6 when | F M | <40 Δ = 0.2 | F M | − 2 when 40 ≤| F M | ≤60 Δ = 10 when | F M | >60 ( d ) Figure 6a depicts angles of departure versus transmission range. These angles may also be computed using the following formulas: Where: d = distance in kilometers n = 1 for 50% field strength values n = 2 or 3 for 10% field strength values and where K 1 = 0.00752 K 2 = 0.00938 K 3 = 0.00565 Note: Computations using these formulas should not be carried beyond 0.1 degree. ( e ) In the event of disagreement between computed values using the formulas shown above and values obtained directly from the figures, the computed values will control. [ 28 FR 13574 , Dec. 14, 1963, as amended at 30 FR 12720 , Oct. 6, 1965; 33 FR 15420 , Oct. 17, 1968; 48 FR 42959 , Sept. 20, 1983; 49 FR 43963 , Nov. 1, 1984; 50 FR 18844 , May 2, 1985; 51 FR 4753 , Feb. 7, 1986; 52 FR 36879 , Oct. 1, 1987; 56 FR 64869 , Dec. 12, 1991] Subpart B—FM Broadcast Stations § 73.201 Numerical designation of FM broadcast channels. The FM broadcast band consists of that portion of the radio frequency spectrum between 88 MHz and 108 MHz. It is divided into 100 channels of 200 kHz each. For convenience, the frequencies available for FM broadcasting (including those assigned to noncommercial educational broadcasting) are given numerical designations which are shown in the table below: Frequency (Mc/s) Channel No. 88.1 201 88.3 202 88.5 203 88.7 204 88.9 205 89.1 206 89.3 207 89.5 208 89.7 209 89.9 210 90.1 211 90.3 212 90.5 213 90.7 214 90.9 215 91.1 216 91.3 217 91.5 218 91.7 219 91.9 220 92.1 221 92.3 222 92.5 223 92.7 224 92.9 225 93.1 226 93.3 227 93.5 228 93.7 229 93.9 230 94.1 231 94.3 232 94.5 233 94.7 234 94.9 235 95.1 236 95.3 237 95.5 238 95.7 239 95.9 240 96.1 241 96.3 242 96.5 243 96.7 244 96.9 245 97.1 246 97.3 247 97.5 248 97.7 249 97.9 250 98.1 251 98.3 252 98.5 253 98.7 254 98.9 255 99.1 256 99.3 257 99.5 258 99.7 259 99.9 260 100.1 261 100.3 262 100.5 263 100.7 264 100.9 265 101.1 266 101.3 267 101.5 268 101.7 269 101.9 270 102.1 271 102.3 272 102.5 273 102.7 274 102.9 275 103.1 276 103.3 277 103.5 278 103.7 279 103.9 280 104.1 281 104.3 282 104.5 283 104.7 284 104.9 285 105.1 286 105.3 287 105.5 288 105.7 289 105.9 290 106.1 291 106.3 292 106.5 293 106.7 294 106.9 295 107.1 296 107.3 297 107.5 298 107.7 299 107.9 300 Note: The frequency 108.0 MHz may be assigned to VOR test stations subject to the condition that interference is not caused to the reception of FM broadcasting stations, present or future. [ 28 FR 13623 , Dec. 14, 1963, as amended at 30 FR 4480 , Apr. 7, 1965; 52 FR 10570 , Apr. 2, 1987] § 73.202 Table of Allotments. Cross Reference Link to an amendment published at 89 FR 65225 , Aug. 9, 2024. ( a ) General. The following Table of Allotments contains the channels (other than noncommercial educational Channels 201-220) designated for use in communities in the United States, its territories, and possessions, and not currently assigned to a licensee or permittee or subject to a pending application for construction permit or license. All listed channels are for Class B stations in Zones I and I-A and for Class C stations in Zone II unless otherwise specifically designated. Channels to which licensed, permitted, and “reserved” facilities have been assigned are reflected in the Media Bureau's publicly available Consolidated Data Base System. ( 1 ) Channels designated with an asterisk may be used only by noncommercial educational broadcast stations. The rules governing the use of those channels are contained in part 73, subpart C of this chapter . An entity that would be eligible to operate a noncommercial educational broadcast station can, in conjunction with an initial petition for rulemaking filed pursuant to part 1, subpart C of this chapter , request that a nonreserved FM channel (channels 221 through 300) be allotted as reserved only for noncommercial educational broadcasting by demonstrating the following: ( i ) No reserved channel can be used without causing prohibited interference to TV channel 6 stations or foreign broadcast stations; or ( ii ) The applicant is technically precluded from using the reserved band by existing stations or previously filed applications and the proposed station would provide a first or second noncommercial educational radio service to 2,000 or more people who constitute 10% of the population within the proposed allocation's 60 dBu (1 mV/m) service contour. ( 2 ) Each channel listed in the Table of Allotments reflects the class of station that is authorized to use it based on the minimum and maximum facility requirements for each class contained in § 73.211 . Note: The provisions of this paragraph [(a)(2) of this section] become effective [3 years from the effective date of the Report and Order in BC Docket 80-90]. ( b ) Table of FM Allotments. Table 1 to Paragraph (b) [U.S. States] Channel No. ALABAMA Camden 230A Hamilton 221A Maplesville 292A Thomaston 280C3 ALASKA Kotzebue 280A Yakutat 280A ARIZONA Aguila 297C2 Ajo 275A Desert Hills 292A Ehrenberg 228C2 First Mesa 281C Fredonia 266C1 Leupp 293C1 Overgaard 234C1 Parker 257C2 Paulden 228C3 Peach Springs 287A Pima 296A Salome 231A Sells 285A Snowflake 259C2 Tusayan 222C1 Wickenburg 229C3 ARKANSAS Hermitage 300A Lake Village 278C3 Rison 255A Strong 296C3 CALIFORNIA Alturas 277C Avenal 269A Boonville 300A Cartago 233A Cedarville 238A Coalinga 247B1 Coalinga 261B Cottonwood 221A Dos Palos 240A Earlimart 228A Essex 280B Firebaugh 234A Ford City 271A Ft. Bragg 253B1 Kettleman City 299A Lindsay 277B1 Ludlow 261B1 Portola 258A Randsburg 275A Sacramento 300B Tecopa 256A Visalia 241A Wasco 224A COLORADO Battlement Mesa 275C3 Calhan 284C3 Dinosaur 262C1 Dotsero 261A Eckley 257C1 Hugo 222A Idalia 231A Lake City 247A Olathe 270C2, 293C Stratton 246C1 Walden 226A Yampa 277C3 CONNECTICUT DELAWARE DISTRICT OF COLUMBIA FLORIDA Big Coppitt Key 265C3 Cross City 249C3 Fort Walton Beach 295A Horseshoe Beach *234C3 Otter Creek 240A GEORGIA Pembroke 257C1 Plains 290A HAWAII Kekaha 298C3 Koloa 264A Lihue 296A Princeville 236C3 Puhi 280A Waimea 224C3 IDAHO Weiser 247C1 ILLINOIS Abingdon 291A Cedarville 258A Greenup 230A Mattoon 245B1 Pinckneyville 282A INDIANA Columbus 228A Fowler 291A Madison 265A IOWA Asbury 254A Dunkerton 280A Keosauqua 271C3 Moville 246A North English 246A Rockford 225A Rudd 268A KANSAS Council Grove 281C3 KENTUCKY Irvington 261A LOUISIANA Colfax 267A Florien 222A Golden Meadow 289C2 Haynesville 286A Hornbeck 269A Oil City 285A Wisner 300C3 MAINE MARYLAND MASSACHUSETTS Orange 247A West Tisbury 282A MICHIGAN Bear Lake 264C3 Carney 260A Custer 260A Houghton 242C1 Lake Isabella 255A Lexington *256A Onekama 227C3 Pigeon 267A MINNESOTA Grand Marais 245C3 Grand Portage 251A MISSISSIPPI Bruce 233A Calhoun City 272A Cleveland 226C2 Greenwood 230C3 McLain 245A New Albany 268A New Augusta 269A MISSOURI Bourbon 231A Bunker 292C3 Cuba 269A Eminence 281A Maryville 285C3 Wheatland 272A MONTANA Cut Bank 265C2 Valler 289C1 NEBRASKA Bayard 251A NEVADA Battle Mountain 253C2 Caliente 264A Owyhee 247C1 Tonopah 224A NEW HAMPSHIRE Enfield 282A Groveton 268A Jefferson 247A Stratford 254A NEW JERSEY NEW MEXICO Animas 279C1 Carrizozo 261C2 Chama 241C3 Clovis 272C3 Des Moines 287C Lovington 269C3 Skyline-Ganipa 240A NEW YORK Keeseville 231A Narrowsburg 275A Sagaponack 233A Shelter Island 277A Westfield 265A NORTH CAROLINA NORTH DAKOTA Beulah 250A Gackle 256C1 Medina 222C1 Sarles 290C1 OHIO Dennison 272A OKLAHOMA Arnett 293C2 Cheyenne 247C2 Clayton 262A Coalgate 242A Cordell 229A Covington 290A Savanna 275A Vici 249A Wayne 266A Weatherford 286A Wright City 295A OREGON Arlington 295C2 Diamond Lake 251A Huntington 228C1, 294C1 Independence 274C0 Monument 280C3 Vale 288C PENNSYLVANIA Liberty 298A RHODE ISLAND SOUTH CAROLINA Edgefield 238A SOUTH DAKOTA Edgemont 289C1 Murdo 265A TENNESSEE Englewood 250A Selmer 288A TEXAS Albany 255A Asherton 284A Aspermont 226C2 Balmorhea 283C Benjamin 237C3 Big Lake 246A, 252C2, 281C1, 296C3 Bogata 247A Bruni 293A Camp Wood 251C3 Canadian 235C1 Carrizo Springs 228A, 295A Centerville 274A Cotulla 289A Crystal Beach 268A Dalhart 261C2 Denver City 248C2 Dickens 240A, 294A Dilley 291A Eden 294A El Indio 236A Encino 250A, 283A Estelline 263C3 Fort Stockton 263C Freer 288A George West 292A Girard 248C3 Goree 277A Groom 223A, 273A Hale Center 236C1 Hamilton 263A Hamlin 283C2 Hereford 278C2 Iraan 269C2 Jayton 231C2 Junction 228C2, 277C3, 290A Kermit 289C3 Knox City 293A Leakey 275A, 299A Lockney 271C3 Lometa 253A Los Ybanez 253C2 Lovelady 288A Marathon 276C1 Marquez 296A Mason 239C2 Matador 244C2, 276C3 McCamey 233C3, 237C3 McLean 298C3 Memphis 292A Menard 265A, 292A Milano 274A Mullin 224A, 277A Munday 270C1 O'Donnell 249A Olney 282A Ozona 275A Palacios 259C1 Pearsall 277A Premont 264C3, 287A Richland Springs 235A, 299A Rising Star 290C3 Roaring Springs 227A Roby 290A Rocksprings 291A Roscoe 228A Rule 253A San Isidro 255A, 278A Sanderson 274C1 Sanger 281C3 Seymour 222C2 Sheffield 224C2 Silverton 221A Sonora 272C3 South Padre Island 288A Stamford 233A Teague 237C3 Trinity 251A Turkey 221C2 Van Alstyne 260A Wellington 248C3, 253C3 Wells 254A Westbrook 272A Wharton 277C2 Zapata 292A UTAH Huntington 287C3 Milford 288C Paragonah 258A VERMONT Barton 262A Hardwick 290A West Rutland 298A VIRGINIA WASHINGTON Coupeville 266A Kahlotus 283A Oak Harbor 233A Raymond 300A Trout Lake 236A WEST VIRGINIA WISCONSIN Ashland 275A Crandon 276A Hayward 232C2 Laona 272C3 Lac Du Flambeau 225A New Holstein 258A Tomahawk 265C3 WYOMING Albin 282C3 Bairoil 235C3 Basin 299C1 Cora 274C2 Dubois 242A Jackson 294C2 Lusk 242A Manville 255C1 Marbleton 257C1 Medicine Bow 259C3 Pine Bluffs 287A Ralston 233C Rawlins 298C2 Rozet 256C3 Wamsutter 285A Wheatland 286A, 293A [U.S. Territories] AMERICAN SAMOA CENTRAL MARIANAS GARAPAN GUAM PUERTO RICO VIRGIN ISLANDS Charlotte Amalie 237B Charlotte Amalie 275A [ 30 FR 12711 , Oct. 6, 1965] Editorial Note Editorial Note: For Federal Register citations affecting § 73.202 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.203 Availability of channels. ( a ) Except as provided for in paragraph (b) of this section and § 1.401(d) of this chapter and 73.3573(a)(1), applications may be filed to construct new FM broadcast stations only at the communities and on the channels contained in the Table of Allotments ( § 73.202(b) ). ( b ) Applications filed on a first come, first served basis for the minor modification of an existing FM broadcast station may propose any change in channel and/or class and/or community not defined as major in § 73.3573(a) . Applications for a change in community of license must comply with the requirements set forth in § 73.3573(g) . Note to § 73.203 : This section is limited to non-reserved band changes in channel and/or class and/or community. Applications requesting such changes must meet either the minimum spacing requirements of § 73.207 at the site specified in the application, without resort to the provisions of the Commission's rules permitting short spaced stations as set forth in §§ 73.213 through 73.215 , or demonstrate by a separate exhibit attached to the application the existence of a suitable allotment site that fully complies with §§ 73.207 and 73.315 without resort to §§ 73.213 through 73.215 . [ 71 FR 76219 , Dec. 20, 2006] § 73.204 International agreements and other restrictions on use of channels. See §§ 73.207 , 73.220 and 73.1650 . [ 49 FR 10264 , Mar. 20, 1984] § 73.205 Zones. For the purpose of allotments and assignments, the United States is divided into three zones as follows: ( a ) Zone I consists of that portion of the United States located within the confines of the following lines drawn on the United States Albers Equal Area Projection Map (based on standard parallels 291/2° and 451/2°; North American datum): Beginning at the most easterly point on the State boundary line between North Carolina and Virginia; thence in a straight line to a point on the Virginia-West Virginia boundary line located at north latitude 37°49′ and west longitude 80°12′30″; thence westerly along the southern boundary lines of the States of West Virginia, Ohio, Indiana, and Illinois to a point at the junction of the Illinois, Kentucky, and Missouri State boundary lines; thence northerly along the western boundary line of the State of Illinois to a point at the junction of the Illinois, Iowa, and Wisconsin State boundary lines; thence easterly along the northern State boundary line of Illinois to the 90th meridian; thence north along this meridian to the 43.5° parallel; thence east along this parallel to the United States-Canada border; thence southerly and following that border until it again intersects the 43.5° parallel; thence east along this parallel to the 71st meridian; thence in a straight line to the intersection of the 69th meridian and the 45th parallel; thence east along the 45th parallel to the Atlantic Ocean. When any of the above lines pass through a city, the city shall be considered to be located in Zone I. (See Figure 1 of § 73.699 .) ( b ) Zone I-A consists of Puerto Rico, the Virgin Islands and that portion of the State of California which is located south of the 40th parallel. ( c ) Zone II consists of Alaska, Hawaii and the rest of the United States which is not located in either Zone I or Zone I-A. [ 29 FR 14116 , Oct. 14, 1964, and 31 FR 10125 , July 27, 1966, as amended at 48 FR 29504 , June 27, 1983] § 73.207 Minimum distance separation between stations. ( a ) Except for assignments made pursuant to § 73.213 or 73.215 , FM allotments and assignments must be separated from other allotments and assignments on the same channel (co-channel) and five pairs of adjacent channels by not less than the minimum distances specified in paragraphs (b) and (c) of this section. The Commission will not accept petitions to amend the Table of Allotments unless the reference points meet all of the minimum distance separation requirements of this section. The Commission will not accept applications for new stations, or applications to change the channel or location of existing assignments unless transmitter sites meet the minimum distance separation requirements of this section, or such applications conform to the requirements of § 73.213 or 73.215 . However, applications to modify the facilities of stations with short-spaced antenna locations authorized pursuant to prior waivers of the distance separation requirements may be accepted, provided that such applications propose to maintain or improve that particular spacing deficiency. Class D (secondary) assignments are subject only to the distance separation requirements contained in paragraph (b)(3) of this section. (See § 73.512 for rules governing the channel and location of Class D (secondary) assignments.) ( b ) The distances listed in Tables 1, 2, and 3 of this paragraph (b) apply to allotments and assignments on the same channel and each of five pairs of adjacent channels. The five pairs of adjacent channels are the first (200 kHz above and 200 kHz below the channel under consideration), the second (400 kHz above and below), the third (600 kHz above and below), the fifty-third (10.6 MHz above and below), and the fifty-fourth (10.8 MHz above and below). The distances in the Tables apply regardless of whether the proposed station class appears first or second in the “Relation” column of the table. ( 1 ) Domestic distance separation. Domestic allotments and assignments must be separated from each other by not less than the distances in Table 1 to this paragraph (b) : Table 1 to Paragraph ( b )—Minimum Distance Separation Requirements in Kilometers [Miles] Relation Co-channel 200 kHz 400/600 kHz 10.6/10.8 MHz A to A 115 (71) 72 (45) 31 (19) 10 (6) A to B1 143 (89) 96 (60) 48 (30) 12 (7) A to B 178 (111) 113 (70) 69 (43) 15 (9) A to C3 142 (88) 89 (55) 42 (26) 12 (7) A to C2 166 (103) 106 (66) 55 (34) 15 (9) A to C1 200 (124) 133 (83) 75 (47) 22 (14) A to C0 215 (134) 152 (94) 86 (53) 25 (16) A to C 226 (140) 165 (103) 95 (59) 29 (18) B1 to B1 175 (109) 114 (71) 50 (31) 14 (9) B1 to B 211 (131) 145 (90) 71 (44) 17 (11) B1 to C3 175 (109) 114 (71) 50 (31) 14 (9) B1 to C2 200 (124) 134 (83) 56 (35) 17 (11) B1 to C1 233 (145) 161 (100) 77 (48) 24 (15) B1 to C0 248 (154) 180 (112) 87 (54) 27 (17) B1 to C 259 (161) 193 (120) 105 (65) 31 (19) B to B 241 (150) 169 (105) 74 (46) 20 (12) B to C3 211 (131) 145 (90) 71 (44) 17 (11) B to C2 241 (150) 169 (105) 74 (46) 20 (12) B to C1 270 (168) 195 (121) 79 (49) 27 (17) B to C0 272 (169) 214 (133) 89 (55) 31 (19) B to C 274 (170) 217 (135) 105 (65) 35 (22) C3 to C3 153 (95) 99 (62) 43 (27) 14 (9) C3 to C2 177 (110) 117 (73) 56 (35) 17 (11) C3 to C1 211 (131) 144 (90) 76 (47) 24 (15) C3 to C0 226 (140) 163 (101) 87 (54) 27 (17) C3 to C 237 (147) 176 (109) 96 (60) 31 (19) C2 to C2 190 (118) 130 (81) 58 (36) 20 (12) C2 to C1 224 (139) 158 (98) 79 (49) 27 (17) C2 to C0 239 (148) 176 (109) 89 (55) 31 (19) C2 to C 249 (155) 188 (117) 105 (65) 35 (22) C1 to C1 245 (152) 177 (110) 82 (51) 34 (21) C1 to C0 259 (161) 196 (122) 94 (58) 37 (23) C1 to C 270 (168) 209 (130) 105 (65) 41 (25) C0 to C0 270 (168) 207 (129) 96 (60) 41 (25) C0 to C 281 (175) 220 (137) 105 (65) 45 (28) C to C 290 (180) 241 (150) 105 (65) 48 (30) ( 2 ) Canadian border distance separation. Under the 1991 United States-Canada FM Broadcasting Agreement, as amended, any domestic U.S. allotment or assignment within 320 kilometers (199 miles) of the common border must either satisfy the contour overlap provisions set out in the Agreement or be separated from Canadian allotments and assignments by not less than the distance given in Table 2 to this paragraph (b) , using the distance calculation methodology set out in the Agreement. When applying Table 2, U.S. Class C0 allotments and assignments are considered to be Class C; U.S. Class C2 allotments and assignments are considered to be Class B; and U.S. Class C3 allotments and assignments are considered to be Class B1. Table 2 to Paragraph ( b )—Minimum Distance Separation Requirements in Kilometers [Canada] Relation Co-channel 200 kHz 400 kHz 600 kHz 10.6/10.8 MHz (I.F.) A1 to A1 78 45 24 20 4 A1 to A 131 78 44 40 7 A1 to B1 164 98 57 53 9 A1 to B 190 117 71 67 12 A1 to C1 223 148 92 88 19 A1 to C 227 162 103 99 26 A to A 151 98 51 42 10 A to B1 184 119 64 55 12 A to B 210 137 78 69 15 A to C1 243 168 99 90 22 A to C 247 182 110 101 29 B1 to B1 197 131 70 57 24 B1 to B 223 149 84 71 24 B1 to C1 256 181 108 92 40 B1 to C 259 195 116 103 40 B to B 237 164 94 74 24 B to C1 271 195 115 95 40 B to C 274 209 125 106 40 C1 to C1 292 217 134 101 48 C1 to C 302 230 144 111 48 C to C 306 241 153 113 48 ( 3 ) Mexican border distance separation. Under the 1992 United States-Mexico FM Broadcasting Agreement, any domestic U.S. assignment or allotment within 320 kilometers (199 miles) of the common border must either satisfy the contour overlap provisions set out in section 7.3 of the Agreement or be separated from Mexican assignments or allotments by not less than the distances given in Table 3 to this paragraph (b) , using the distance calculation methodology set out in the Agreement. The minimum required distance separation between I.F. allotments and assignments cannot be reduced. When applying Table 3— ( i ) U.S. or Mexican assignments or allotments which have been notified internationally as Class A are limited to a maximum of 3.0 kW ERP at 100 meters HAAT, or the equivalent; ( ii ) U.S. or Mexican assignments or allotments which have been notified internationally as Class AA are limited to a maximum of 6.0 kW ERP at 100 meters HAAT, or the equivalent; ( iii ) U.S. Class C3 assignments or allotments are considered Class B1; ( iv ) U.S. Class C2 assignments or allotments are considered Class B; ( v ) Class C1 assignments or allotments assume maximum facilities of 100 kW ERP at 300 meters HAAT. However, U.S. Class C1 stations may not, in any event, exceed the domestic U.S. limit of 100 kW ERP at 299 meters HAAT, or the equivalent; and ( vi ) U.S. Class C0 assignments or allotments are considered Class C. Table 3 to Paragraph ( b )—Minimum Distance Separation Requirements in Kilometers [Mexico] Relation Co-Channel 200 kHz 400 kHz or 600 kHz 10.6 or 10.8 MHz (I.F.) A to A 100 61 25 8 A to AA 111 68 31 9 A to B1 138 88 48 11 A to B 163 105 65 14 A to C1 196 129 74 21 A to C 210 161 94 28 AA to AA 115 72 31 10 AA to B1 143 96 48 12 AA to B 178 125 69 15 AA to C1 200 133 75 22 AA to C 226 165 95 29 B1 to B1 175 114 50 14 B1 to B 211 145 71 17 B1 to C1 233 161 77 24 B1 to C 259 193 96 31 B to B 237 164 65 20 B to C1 270 195 79 27 B to C 270 215 98 35 C1 to C1 245 177 82 34 C1 to C 270 209 102 41 C to C 290 228 105 48 ( c ) The distances listed below apply only to allotments and assignments on Channel 253 (98.5 MHz). The Commission will not accept petitions to amend the Table of Allotments, applications for new stations, or applications to change the channel or location of existing assignments where the following minimum distances (between transmitter sites, in kilometers) from any TV Channel 6 allotment or assignment are not met: Minimum Distance Separation From TV Channel 6 (82-88 MHz) FM Class TV Zone I TV Zones II & III A 17 22 B1 19 23 B 22 26 C3 19 23 C2 22 26 C1 29 33 C 36 41 [ 48 FR 29504 , June 27, 1983, as amended at 49 FR 10264 , Mar. 20, 1984; 49 FR 19670 , May 9, 1984; 49 FR 50047 , Dec. 26, 1984; 51 FR 26250 , July 22, 1986; 54 FR 14963 , Apr. 14, 1989; 54 FR 16366 , Apr. 24, 1989; 54 FR 19374 , May 5, 1989; 54 FR 35338 , Aug. 25, 1989; 56 FR 27426 , June 14, 1991; 56 FR 57293 , Nov. 8, 1991; 62 FR 50256 , Sept. 25, 1997; 65 FR 79776 , Dec. 20, 2000; 87 FR 15342 , Mar. 18, 2022] § 73.208 Reference points and distance computations. ( a ) ( 1 ) The following reference points must be used to determine distance separation requirements when petitions to amend the Table of Allotments ( § 73.202(b) ) are considered: ( i ) First, transmitter sites if authorized, or if proposed in applications with cut-off protection pursuant to paragraph (a)(3) of this section; ( ii ) Second, reference coordinates designated by the FCC; ( iii ) Third, coordinates listed in the United States Department of Interior publication entitled Index to the National Atlas of the United States of America; or ( iv ) Last, coordinates of the main post office. (The community's reference points for which the petition is submitted will normally be the coordinates listed in the above publication.) ( 2 ) When the distance between communities is calculated using community reference points and it does not meet the minimum separation requirements of § 73.207 , the channel may still be allotted if a transmitter site is available that would meet the minimum separation requirements and still permit the proposed station to meet the minimum field strength requirements of § 73.315 . A showing indicating the availability of a suitable site should be sumitted with the petition. In cases where a station is not authorized in a community or communities and the proposed channel cannot meet the separation requirement a showing should also be made indicating adequate distance between suitable transmitter sites for all communities. ( 3 ) Petitions to amend the Table of Allotments that do not meet minimum distance separation requirements to transmitter sites specified in pending applications will not be considered unless they are filed no later than: ( i ) The last day of a filing window if the application is for a new FM facility or a major change in the non-reserved band and is filed during a filing window established under section 73.3564(d)(3) ; or ( ii ) The cut-off date established in a Commission Public Notice under § 73.3564(d) and 73.3573(e) if the application is for a new FM facility or a major change in the reserved band; or ( iii ) The date of receipt of all other types of FM applications. If an application is amended so as to create a conflict with a petition for rule making filed prior to the date the amendment is filed, the amended application will be treated as if filed on the date of the amendment for purposes of this paragraph (a)(3) . Note: If the filing of a conflicting FM application renders an otherwise timely filed counterproposal unacceptable, the counterproposal may be considered in the rulemaking proceeding if it is amended to protect the site of the previously filed FM application within 15 days after being placed on the Public Notice routinely issued by the staff concerning the filing of counterproposals. No proposals involving communities not already included in the proceeding can be introduced during the reply comment period as a method of resolving conflicts. The counterproponent is required to make a showing that, at the time it filed the counterproposal, it did not know, and could not have known by exercising due diligence, of the pendency of the conflicting FM application. ( b ) Station separations in licensing proceedings shall be determined by the distance between the coordinates of the proposed transmitter site in one community and ( 1 ) The coordinates of an authorized transmitter site for the pertinent channel in the other community; or, where such transmitter site is not available for use as a reference point, ( 2 ) Reference coordinates designated by the FCC; or, if none are designated, ( 3 ) The coordinates of the other community as listed in the publication listed in paragraph (a) of this section; or, if not contained therein, ( 4 ) The coordinates of the main post office of such other community. ( 5 ) In addition, where there are pending applications in other communities which, if granted, would have to be considered in determining station separations, the coordinates of the transmitter sites proposed in such applications must be used to determine whether the requirements with respect to minimum separations between the proposed stations in the respective cities have been met. ( c ) The method given in this paragraph shall be used to compute the distance between two reference points, except that, for computation of distance involving stations in Canada and Mexico, the method for distance computation specified in the applicable international agreement shall be used instead. The method set forth in this paragraph is valid only for distances not exceeding 475 km (295 miles). ( 1 ) Convert the latitudes and longitudes of each reference point from degree-minute-second format to degree-decimal format by dividing minutes by 60 and seconds by 3600, then adding the results to degrees. ( 2 ) Calculate the middle latitude between the two reference points by averaging the two latitudes as follows: ML = (LAT1 dd + LAT2 dd ) ÷ 2 ( 3 ) Calculate the number of kilometers per degree latitude difference for the middle latitude calculated in paragraph (c)(2) as follows: KPD lat = 111.13209−0.56605 cos(2ML) + 0.00120 cos(4ML) ( 4 ) Calculate the number of kilometers per degree longitude difference for the middle latitude calculated in paragraph (c)(2) as follows: KPD lon = 111.41513 cos(ML)−0.09455 cos(3ML) + 0.00012 cos(5ML) ( 5 ) Calculate the North-South distance in kilometers as follows: NS = KPD lat (LAT1 dd −LAT2 dd ) ( 6 ) Calculate the East-West distance in kilometers as follows: EW = KPD lon (LON1 dd −LON2 dd ) ( 7 ) Calculate the distance between the two reference points by taking the square root of the sum of the squares of the East-West and North-South distances as follows: DIST = (NS 2 + EW 2 ) 0.5 ( 8 ) Round the distance to the nearest kilometer. ( 9 ) Terms used in this section are defined as follows: ( i ) LAT1 dd and LON1 dd = the coordinates of the first reference point in degree-decimal format. ( ii ) LAT2 dd and LON2 dd = the coordinates of the second reference point in degree-decimal format. ( iii ) ML = the middle latitude in degree-decimal format. ( iv ) KPD lat = the number of kilometers per degree of latitude at a given middle latitude. ( v ) KPD lon = the number of kilometers per degree of longitude at a given middle latitude. ( vi ) NS = the North-South distance in kilometers. ( vii ) EW = the East-West distance in kilometers. ( viii ) DIST = the distance between the two reference points, in kilometers. [ 28 FR 13623 , Dec. 14, 1963, as amended at 29 FR 14116 , Oct. 14, 1964; 48 FR 29505 , June 27, 1983; 52 FR 37788 , Oct. 9, 1987; 52 FR 39920 , Oct. 26, 1987; 54 FR 9806 , Mar. 8, 1989; 57 FR 36020 , Aug. 12, 1992; 58 FR 38537 , July 19, 1993] § 73.209 Protection from interference. ( a ) Permittees and licensees of FM broadcast stations are not protected from any interference which may be caused by the grant of a new station, or of authority to modify the facilities of an existing station, in accordance with the provisions of this subpart. However, they are protected from interference caused by Class D (secondary) noncommercial educational FM stations. See § 73.509 . ( b ) The nature and extent of the protection from interference afforded FM broadcast stations operating on Channels 221-300 is limited to that which results when assignments are made in accordance with the rules in this subpart. ( c ) Permittees and licensees of FM stations are not protected from interference which may be caused by the grant of a new LPFM station or of authority to modify an existing LPFM station, except as provided in subpart G of this part . [ 43 FR 39715 , Sept. 6, 1978 and 48 FR 29505 , June 27, 1983; 54 FR 9802 , Mar. 8, 1989; 65 FR 7640 , Feb. 15, 2000; 65 FR 67299 , Nov. 9, 2000] § 73.210 Station classes. ( a ) The rules applicable to a particular station, including minimum and maximum facilities requirements, are determined by its class. Possible class designations depend upon the zone in which the station's transmitter is located, or proposed to be located. The zones are defined in § 73.205 . Allotted station classes are indicated in the Table of Allotments, § 73.202 . Class A, B1 and B stations may be authorized in Zones I and I-A. Class A, C3, C2, C1, C0 and C stations may be authorized in Zone II. ( b ) The power and antenna height requirements for each class are set forth in § 73.211 . If a station has an ERP and an antenna HAAT such that it cannot be classified using the maximum limits and minimum requirements in § 73.211 , its class shall be determined using the following procedure: ( 1 ) Determine the reference distance of the station using the procedure in paragraph (b)(1)(i) of § 73.211 . If this distance is less than or equal to 28 km, the station is Class A; otherwise, ( 2 ) For a station in Zone I or Zone I-A, except for Puerto Rico and the Virgin Islands: ( i ) If this distance is greater than 28 km and less than or equal to 39 km, the station is Class B1. ( ii ) If this distance is greater than 39 km and less than or equal to 52 km, the station is Class B. ( 3 ) For a station in Zone II: ( i ) If this distance is greater than 28 km and less than or equal to 39 km, the station is Class C3. ( ii ) If this distance is greater than 39 km and less than or equal to 52 km, the station is Class C2. ( iii ) If this distance is greater than 52 km and less than or equal to 72 km, the station is Class C1. ( iv ) If this distance is greater than 72 km and less than or equal to 83 km, the station is Class C0. ( v ) If this distance is greater than 83 km and less than or equal to 92 km, the station is Class C. ( 4 ) For a station in Puerto Rico or the Virgin Islands: ( i ) If this distance is less than or equal to 42 km, the station is Class A. ( ii ) If this distance is greater than 42 km and less than or equal to 46 km, the station is Class B1. ( iii ) If this distance is greater then 46 km and less than or equal to 78 km, the station is Class B. [ 52 FR 37788 , Oct. 9, 1987; 52 FR 39920 , Oct. 26, 1987, as amended at 54 FR 16367 , Apr. 24, 1989; 54 FR 19374 , May 5, 1989; 54 FR 35339 , Aug. 25, 1989; 65 FR 79777 , Dec. 20, 2000] § 73.211 Power and antenna height requirements. ( a ) Minimum requirements. ( 1 ) Except as provided in paragraphs (a)(3) and (b)(2) of this section, FM stations must operate with a minimum effective radiated power (ERP) as follows: ( i ) The minimum ERP for Class A stations is 0.1 kW. ( ii ) The ERP for Class B1 stations must exceed 6 kW. ( iii ) The ERP for Class B stations must exceed 25 kW. ( iv ) The ERP for Class C3 stations must exceed 6 kW. ( v ) The ERP for Class C2 stations must exceed 25 kW. ( vi ) The ERP for Class C1 stations must exceed 50 kW. ( vii ) The minimum ERP for Class C and C0 stations is 100 kW. ( 2 ) Class C0 stations must have an antenna height above average terrain (HAAT) of at least 300 meters (984 feet). Class C stations must have an antenna height above average terrain (HAAT) of at least 451 meters (1480 feet). ( 3 ) Stations of any class except Class A may have an ERP less than that specified in paragraph (a)(1) of this section, provided that the reference distance, determined in accordance with paragraph (b)(1)(i) of this section, exceeds the distance to the class contour for the next lower class. Class A stations may have an ERP less than 100 watts provided that the reference distance, determined in accordance with paragraph (b)(1)(i) of this section, equals or exceeds 6 kilometers. ( b ) Maximum limits. ( 1 ) Except for stations located in Puerto Rico or the Virgin Islands, the maximum ERP in any direction, reference HAAT, and distance to the class contour for each FM station class are listed below: Station class Maximum ERP Reference HAAT in meters (ft.) Class contour distance in kilometers A 6 kW (7.8 dBk) 100 (328) 28 B1 25 kW (14.0 dBk) 100 (328) 39 B 50 kW (17.0 dBk) 150 (492) 52 C3 25 kW (14.0 dBk) 100 (328) 39 C2 50 kW (17.0 dBk) 150 (492) 52 C1 100 kW (20.0 dBk) 299 (981) 72 C0 100 kW (20.0 dBk) 450 (1476) 83 C 100 kW (20.0 dBk) 600 (1968) 92 ( i ) The reference distance of a station is obtained by finding the predicted distance to the 1mV/m contour using Figure 1 of § 73.333 and then rounding to the nearest kilometer. Antenna HAAT is determined using the procedure in § 73.313 . If the HAAT so determined is less than 30 meters (100 feet), a HAAT of 30 meters must be used when finding the predicted distance to the 1 mV/m contour. ( ii ) If a station's ERP is equal to the maximum for its class, its antenna HAAT must not exceed the reference HAAT, regardless of the reference distance. For example, a Class A station operating with 6 kW ERP may have an antenna HAAT of 100 meters, but not 101 meters, even though the reference distance is 28 km in both cases. ( iii ) Except as provided in paragraph (b)(3) of this section, no station will be authorized in Zone I or I-A with an ERP equal to 50 kW and a HAAT exceeding 150 meters. No station will be authorized in Zone II with an ERP equal to 100 kW and a HAAT exceeding 600 meters. ( 2 ) If a station has an antenna HAAT greater than the reference HAAT for its class, its ERP must be lower than the class maximum such that the reference distance does not exceed the class contour distance. If the antenna HAAT is so great that the station's ERP must be lower than the minimum ERP for its class (specified in paragraphs (a)(1) and (a)(3) of this section), that lower ERP will become the minimum for that station. ( 3 ) For stations located in Puerto Rico or the Virgin Islands, the maximum ERP in any direction, reference HAAT, and distance to the class contour for each FM station class are listed below: Station class Maximum ERP Reference HAAT in meters (ft.) Class contour distance in kilometers A 6kW (7.8 dBk) 240 (787) 42 B1 25kW (14.0 dBk) 150 (492) 46 B 50kW (17.0 dBk) 472 (1549) 78 ( c ) Existing stations. Stations authorized prior to March 1, 1984 that do not conform to the requirements of this section may continue to operate as authorized. Stations operating with facilities in excess of those specified in paragraph (b) of this section may not increase their effective radiated powers or extend their 1 mV/m field strength contour beyond the location permitted by their present authorizations. The provisions of this section will not apply to applications to increase facilities for those stations operating with less than the minimum power specified in paragraph (a) of this section. ( d ) Existing Class C stations below minimum antenna HAAT. Class C stations authorized prior to January 19, 2001 that do not meet the minimum antenna HAAT specified in paragraph (a)(2) of this section for Class C stations may continue to operate as authorized subject to the reclassification procedures set forth in Note 4 to § 73.3573 . [ 53 FR 17042 , May 13, 1988, as amended at 54 FR 16367 , Apr. 24, 1989; 54 FR 19374 , May 5, 1989; 54 FR 35339 , Aug. 25, 1989; 65 FR 79777 , Dec. 20, 2000] § 73.212 Administrative changes in authorizations. ( a ) In the issuance of FM broadcast station authorizations, the Commission will specify the transmitter output power and effective radiated power in accordance with the following tabulation: Power (watts or kW) Rounded out to nearest figure (watts or kW) 1 to 3 .05 3 to 10 .1 10 to 30 .5 30 to 100 1 100 to 300 5 300 to 1,000 10 ( b ) Antenna heights above average terrain will be rounded out to the nearest meter. [ 28 FR 13623 , Dec. 14, 1963, as amended at 48 FR 29506 , June 27, 1983] § 73.213 Grandfathered short-spaced stations. ( a ) Stations at locations authorized prior to November 16, 1964, that did not meet the separation distances required by § 73.207 and have remained continuously short-spaced since that time may be modified or relocated with respect to such short-spaced stations, provided that (i) any area predicted to receive interference lies completely within any area currently predicted to receive co-channel or first-adjacent channel interference as calculated in accordance with paragraph (a)(1) of this section, or that (ii) a showing is provided pursuant to paragraph (a)(2) of this section that demonstrates that the public interest would be served by the proposed changes. ( 1 ) The F(50,50) curves in Figure 1 of § 73.333 are to be used in conjunction with the proposed effective radiated power and antenna height above average terrain, as calculated pursuant to § 73.313(c) , (d)(2) and (d)(3) , using data for as many radials as necessary, to determine the location of the desired (service) field strength. The F(50,10) curves in Figure 1a of § 73.333 are to be used in conjunction with the proposed effective radiated power and antenna height above average terrain, as calculated pursuant to § 73.313(c) , (d)(2) and (d)(3) , using data for as many radials as necessary, to determine the location of the undesired (interfering) field strength. Predicted interference is defined to exist only for locations where the desired (service) field strength exceeds 0.5 mV/m (54 dBu) for a Class B station, 0.7 mV/m (57 dBu) for a Class B1 station, and 1 mV/m (60 dBu) for any other class of station. ( i ) Co-channel interference is predicted to exist, for the purpose of this section, at all locations where the undesired (interfering station) F(50,10) field strength exceeds a value 20 dB below the desired (service) F(50,50) field strength of the station being considered (e.g., where the protected field strength is 60 dBu, the interfering field strength must be 40 dBu or more for predicted interference to exist). ( ii ) First-adjacent channel interference is predicted to exist, for the purpose of this section, at all locations where the undesired (interfering station) F(50,10) field strength exceeds a value 6 dB below the desired (service) F(50,50) field strength of the station being considered (e.g., where the protected field strength is 60 dBu, the interfering field strength must be 54 dBu or more for predicted interference to exist). ( 2 ) For co-channel and first-adjacent channel stations, a showing that the public interest would be served by the changes proposed in an application must include exhibits demonstrating that the total area and population subject to co-channel or first-adjacent channel interference, caused and received, would be maintained or decreased. In addition, the showing must include exhibits demonstrating that the area and the population subject to co-channel or first-adjacent channel interference caused by the proposed facility to each short-spaced station individually is not increased. In all cases, the applicant must also show that any area predicted to lose service as a result of new co-channel or first-adjacent-channel interference has adequate aural service remaining. For the purpose of this section, adequate service is defined as 5 or more aural services (AM or FM). ( 3 ) For co-channel and first-adjacent-channel stations, a copy of any application proposing interference caused in any areas where interference is not currently caused must be served upon the licensee(s) of the affected short-spaced station(s). ( 4 ) For stations covered by this paragraph (a) , there are no distance separation or interference protection requirements with respect to second-adjacent and third-adjacent channel short-spacings that have existed continuously since November 16, 1964. ( b ) Stations at locations authorized prior to May 17, 1989, that did not meet the IF separation distances required by § 73.207 and have remained short-spaced since that time may be modified or relocated provided that the overlap area of the two stations' 36 mV/m field strength contours is not increased. ( c ) Short spacings involving at least one Class A allotment or authorization. Stations that became short spaced on or after November 16, 1964 (including stations that do not meet the minimum distance separation requirements of paragraph (c)(1) of this section and that propose to maintain or increase their existing distance separations) may be modified or relocated in accordance with paragraph (c)(1) or (c)(2) of this section, except that this provision does not apply to stations that became short spaced by grant of applications filed after October 1, 1989, or filed pursuant to § 73.215 . If the reference coordinates of an allotment are short spaced to an authorized facility or another allotment (as a result of the revision of § 73.207 in the Second Report and Order in MM Docket No. 88-375), an application for the allotment may be authorized, and subsequently modified after grant, in accordance with paragraph (c)(1) or (c)(2) of this section only with respect to such short spacing. No other stations will be authorized pursuant to these paragraphs. ( 1 ) Applications for authorization under requirements equivalent to those of prior rules. Each application for authority to operate a Class A station with no more than 3000 watts ERP and 100 meters antenna HAAT (or equivalent lower ERP and higher antenna HAAT based on a class contour distance of 24 km) must specify a transmitter site that meets the minimum distance separation requirements in this paragraph. Each application for authority to operate a Class A station with more than 3000 watts ERP (up to a maximum of 5800 watts), but with an antenna HAAT lower than 100 meters such that the distance to the predicted 0.05 mV/m (34 dBµV/m) F(50,10) field strength contour does not exceed 98 km must specify a transmitter site that meets the minimum distance separation requirements in this paragraph. Each application for authority to operate an FM station of any class other than Class A must specify a transmitter site that meets the minimum distance separation requirements in this paragraph with respect to Class A stations operating pursuant to this paragraph or paragraph (c)(2) of this section, and that meets the minimum distance separation requirements of § 73.207 with respect to all other stations. Minimum Distance Separation Requirements in Kilometers (miles) Relation Co-channel 200 kHz 400/600 kHz 10.6/10.8 MHz A to A 105 (65) 64 (40) 27 (17) 8 (5) A to B1 138 (86) 88 (55) 48 (30) 11 (6) A to B 163 (101) 105 (65) 69 (43) 14 (9) A to C3 138 (86) 84 (52) 42 (26) 11 (6) A to C2 163 (101) 105 (65) 55 (34) 14 (9) A to C1 196 (122) 129 (80) 74 (46) 21 (13) A to C 222 (138) 161 (100) 94 (58) 28 (17) ( 2 ) Applications for authorization of Class A facilities greater than 3,000 watts ERP and 100 meters HAAT. Each application to operate a Class A station with an ERP and HAAT such that the reference distance would exceed 24 kilometers must contain an exhibit demonstrating the consent of the licensee of each co-channel, first, second or third adjacent channel station (for which the requirements of § 73.207 are not met) to a grant of that application. Each such application must specify a transmitter site that meets the applicable IF-related channel distance separation requirements of § 73.207 . Applications that specify a new transmitter site which is short-spaced to an FM station other than another Class A station which is seeking a mutual increase in facilities may be granted only if no alternative fully-spaced site or less short-spaced site is available. Licensees of Class A stations seeking mutual increases in facilities need not show that a fully spaced site or less short-spaced site is available. Applications submitted pursuant to the provisions of this paragraph may be granted only if such action is consistent with the public interest. [ 52 FR 37789 , Oct. 9, 1987, as amended at 54 FR 14964 , Apr. 14, 1989; 54 FR 35339 , Aug. 25, 1989; 56 FR 27426 , June 14, 1991; 62 FR 50521 , Sept. 26, 1997; 63 FR 33876 , June 22, 1998] § 73.215 Contour protection for short-spaced assignments. The Commission will accept applications that specify short-spaced antenna locations (locations that do not meet the domestic co-channel and adjacent channel minimum distance separation requirements of § 73.207 ); Provided That, such applications propose contour protection, as defined in paragraph (a) of this section, with all short-spaced assignments, applications and allotments, and meet the other applicable requirements of this section. Each application to be processed pursuant to this section must specifically request such processing on its face, and must include the necessary exhibit to demonstrate that the requisite contour protection will be provided. Such applications may be granted when the Commission determines that such action would serve the public interest, convenience, and necessity. ( a ) Contour protection. Contour protection, for the purpose of this section, means that on the same channel and on the first, second and third adjacent channels, the predicted interfering contours of the proposed station do not overlap the predicted protected contours of other short-spaced assignments, applications and allotments, and the predicted interfering contours of other short-spaced assignments, applications and allotments do not overlap the predicted protected contour of the proposed station. ( 1 ) The protected contours, for the purpose of this section, are defined as follows. For all Class B and B1 stations on Channels 221 through 300 inclusive, the F(50,50) field strengths along the protected contours are 0.5 mV/m (54 dBµ) and 0.7 mV/m (57 dBµ), respectively. For all other stations, the F(50,50) field strength along the protected contour is 1.0 mV/m (60 dBµ). ( 2 ) The interfering contours, for the purpose of this section, are defined as follows. For co-channel stations, the F(50,10) field strength along the interfering contour is 20 dB lower than the F(50,50) field strength along the protected contour for which overlap is prohibited. For first adjacent channel stations (±200 kHz), the F(50,10) field strength along the interfering contour is 6 dB lower than the F(50,50) field strength along the protected contour for which overlap is prohibited. For both second and third adjacent channel stations (±400 kHz and ±600 kHz), the F(50,10) field strength along the interfering contour is 40 dB higher than the F(50,50) field strength along the protected contour for which overlap is prohibited. ( 3 ) The locations of the protected and interfering contours of the proposed station and the other short-spaced assignments, applications and allotments must be determined in accordance with the procedures of paragraphs (c), (d)(2) and (d)(3) of § 73.313 , using data for as many radials as necessary to accurately locate the contours. ( 4 ) Protected and interfering contours (in dBu) for stations in Puerto Rico and the U.S. Virgin Islands are as follows: Station with interfering contour Station with protected contour Class A Class B1 Class B Interfering Protected Interfering Protected Interfering Protected Co-Channel: Class A 46 66 41 61 40 60 Class B1 43 63 39 59 38 58 Class B 45 65 41 61 41 61 1st Adj. Channel: Class A 61 67 56 62 59 65 Class B1 57 63 54 60 54 60 Class B 62 68 56 62 57 63 2nd-3rd Adj. Channel: Class A 107 67 100 60 104 64 Class B1 99 59 100 60 104 64 Class B 94 54 94 54 104 64 Maximum permitted facilities assumed for each station pursuant to 47 CFR 73.211(b)(3) : 6 kW ERP/240 meters HAAT—Class A 25 kW ERP/150 meters HAAT—Class B1 50 kW ERP/472 meters HAAT—Class B ( b ) Applicants requesting short-spaced assignments pursuant to this section must take into account the following factors in demonstrating that contour protection is achieved: ( 1 ) The ERP and antenna HAAT of the proposed station in the direction of the contours of other short-spaced assignments, applications and allotments. If a directional antenna is proposed, the pattern of that antenna must be used to calculate the ERP in particular directions. See § 73.316 for additional requirements for directional antennas. ( 2 ) The ERP and antenna HAAT of other short-spaced assignments, applications and allotments in the direction of the contours of the proposed station. The ERP and antenna HAATs in the directions of concern must be determined as follows: ( i ) For vacant allotments, contours are based on the presumed use, at the allotment's reference point, of the maximum ERP that could be authorized for the station class of the allotment, and antenna HAATs in the directions of concern that would result from a non-directional antenna mounted at a standard eight-radial antenna HAAT equal to the reference HAAT for the station class of the allotment. ( ii ) For existing stations that were not authorized pursuant to this section, including stations with authorized ERP that exceeds the maximum ERP permitted by § 73.211 for the standard eight-radial antenna HAAT employed, and for applications not requesting authorization pursuant to this section, contours are based on the presumed use of the maximum ERP for the applicable station class (as specified in § 73.211 ), and the antenna HAATs in the directions of concern that would result from a non-directional antenna mounted at a standard eight-radial antenna HAAT equal to the reference HAAT for the applicable station class, without regard to any other restrictions that may apply (e.g. zoning laws, FAA constraints, application of § 73.213 ). ( iii ) For stations authorized pursuant to this section, except stations with authorized ERP that exceeds the maximum ERP permitted by § 73.211 for the standard eight-radial antenna HAAT employed, contours are based on the use of the authorized ERP in the directions of concern, and HAATs in the directions of concern derived from the authorized standard eight-radial antenna HAAT. For stations with authorized ERP that exceeds the maximum ERP permitted by § 73.211 for the standard eight-radial antenna HAAT employed, authorized under this section, contours are based on the presumed use of the maximum ERP for the applicable station class (as specified in § 73.211 ), and antenna HAATs in the directions of concern that would result from a non-directional antenna mounted at a standard eight-radial antenna HAAT equal to the reference HAAT for the applicable station class, without regard to any other restrictions that may apply. ( iv ) For applications containing a request for authorization pursuant to this section, except for applications to continue operation with authorized ERP that exceeds the maximum ERP permitted by § 73.211 for the standard eight-radial antenna HAAT employed, contours are based on the use of the proposed ERP in the directions of concern, and antenna HAATs in the directions of concern derived from the proposed standard eight-radial antenna HAAT. For applications to continue operation with an ERP that exceeds the maximum ERP permitted by § 73.211 for the standard eight-radial HAAT employed, if processing is requested under this section, contours are based on the presumed use of the maximum ERP for the applicable station class (as specified in § 73.211 ), and antenna HAATs in the directions of concern that would result from a nondirectional antenna mounted at a standard eight-radial antenna HAAT equal to the reference HAAT for the applicable station class, without regard to any other restrictions that may apply. Note to paragraph ( b ): Applicants are cautioned that the antenna HAAT in any particular direction of concern will not usually be the same as the standard eight-radial antenna HAAT or the reference HAAT for the station class. ( c ) Applications submitted for processing pursuant to this section are not required to propose contour protection of any assignment, application or allotment for which the minimum distance separation requirements of § 73.207 are met, and may, in the directions of those assignments, applications and allotments, employ the maximum ERP permitted by § 73.211 for the standard eight-radial antenna HAAT employed. ( d ) Stations authorized pursuant to this section may be subsequently authorized on the basis of compliance with the domestic minimum separation distance requirements of § 73.207 , upon filing of an FCC Form 301 or FCC Form 340 (as appropriate) requesting a modification of authorization. ( e ) The Commission will not accept applications that specify a short-spaced antenna location for which the following minimum distance separation requirements, in kilometers (miles), are not met: Relation Co-Channel 200 kHz 400/600 kHz A to A 92 (57) 49 (30) 25 (16) A to B1 119 (74) 72 (45) 42 (26) A to B 143 (89) 96 (60) 63 (39) A to C3 119 (74) 72 (45) 36 (22) A to C2 143 (89) 89 (55) 49 (30) A to C1 178 (111) 111 (69) 69 (43) A to C0 193 (120) 130 (81) 80 (50) A to C 203 (126) 142 (88) 89 (55) B1 to B1 143 (89) 96 (60) 44 (27) B1 to B 178 (111) 114 (71) 65 (40) B1 to C3 143 (89) 96 (60) 44 (27) B1 to C2 175 (109) 114 (71) 50 (31) B1 to C1 200 (124) 134 (83) 71 (44) B1 to C0 0215 (134) 153 (95) 81 (50) B1 to C 233 (145) 165 (103) 99 (61) B to B 211 (131) 145 (90) 68 (42) B to C3 178 (111) 114 (70) 65 (40) B to C2 211 (131) 145 (90) 68 (42) B to C1 241 (150) 169 (105) 73 (45) B to C0 266 (165) 195 (121) 83 (52) B to C 268 (163) 195 (121) 99 (61) C3 to C3 142 (88) 89 (55) 37 (23) C3 to C2 166 (103) 106 (66) 50 (31) C3 to C1 200 (124) 133 (83) 70 (43) C3to C0 215 (134) 152 (94) 81 (50) C3 to C 226 (140) 165 (103) 90 (56) C2 to C2 177 (110) 117 (73) 52 (32) C2 to C1 211 (131) 144 (90) 73 (45) C2 to C0 227 (141) 163 (101) 83 (52) C2 to C 237 (147) 176 (109) 96 (61) C1 to C1 224 (139) 158 (98) 76 (47) C1 to C0 239 (148) 176 (109) 88 (55) C1 to C 249 (155) 188 (117) 99 (61) C0 to C0 259 (161) 196 (122) 90 (56) C0 to C 270 (168) 207 (129 99 (61) C to C 270 (168) 209 (130) 99 (61) [ 54 FR 9802 , Mar. 8, 1989, as amended at 54 FR 35340 , Aug. 25, 1989; 56 FR 57294 , Nov. 8, 1991; 57 FR 46325 , Oct. 8, 1992; 65 FR 79777 , Dec. 20, 2000; 66 FR 8149 , Jan. 29, 2001] § 73.220 Restrictions on use of channels. ( a ) The frequency 89.1 MHz (channel 206) is revised in the New York City metropolitan area for the use of the United Nations with the equivalent of an antenna height of 150 meters (492 feet) above average terrain and effective radiated power of 20 kWs, and the FCC will make no assignments which would cause objectionable interference with such use. ( b ) [Reserved] [ 43 FR 45845 , Oct. 4, 1978, as amended at 46 FR 50376 , Oct. 13, 1981, 47 FR 30068 , July 12, 1982; 48 FR 29507 , June 27, 1983; 70 FR 46676 , Aug. 10, 2005] § 73.232 Territorial exclusivity. No licensee of an FM broadcast station shall have any arrangement with a network organization which prevents or hinders another station serving substantially the same area from broadcasting the network's programs not taken by the former station, or which prevents or hinders another station serving a substantially different area from broadcasting any program of the network organization: Provided, however, That this section does not prohibit arrangements under which the station is granted first call within its primary service area upon the network's programs. The term “network organization” means any organization originating program material, with or without commercial messages, and furnishing the same to stations interconnected so as to permit simultaneous broadcast by all or some of them. However, arrangements involving only stations under common ownership, or only the rebroadcast by one station of programming from another with no compensation other than a lump-sum payment by the station rebroadcasting, are not considered arrangements with a network organization. The term “arrangement“ means any contract, arrangement or understanding, express or implied. [ 42 FR 16422 , Mar. 28, 1977, as amended at 57 FR 48333 , Oct. 23, 1992] § 73.258 Indicating instruments. ( a ) Each FM broadcast station shall be equipped with indicating instruments which conform with the specifications described in § 73.1215 for determining power by the indirect method; for indicating the relative amplitude of the transmission line radio frequency current, voltage, or power; and with such other instruments as are necessary for the proper adjustment, operation, and maintenance of the transmitting system. ( b ) The function of each instrument shall be clearly and permanently shown in the instrument itself or on the panel immediately adjacent thereto. ( c ) In the event that any one of these indicating instruments becomes defective when no substitute which conforms with the required specifications is available, the station may be operated without the defective instrument pending its repair or replacement for a period not in excess of 60 days without further authority of the FCC: Provided that, if the defective instrument is the transmission line meter of a station which determines the output power by the direct method, the operating power shall be determined by the indirect method in accordance with § 73.267(c) during the entire time the station is operated without the transmission line meter. ( d ) If conditions beyond the control of the licensee prevent the restoration of the meter to service within the above allowed period, an informal letter request in accordance with § 73.3549 may be filed with the FCC, Attention: Audio Division, Media Bureau, in Washington, DC for such additional time as may be required to complete repairs of the defective instrument. [ 41 FR 36818 , Sept. 1, 1976, as amended at 48 FR 44805 , Sept. 30, 1983; 50 FR 32416 , Aug. 12, 1985; 63 FR 33876 , June 22, 1998; 67 FR 13231 , Mar. 21, 2002] § 73.267 Determining operating power. ( a ) The operating power of each FM station is to be determined by either the direct or indirect method. ( b ) Direct method. The direct method of power determination for an FM station uses the indications of a calibrated transmission line meter (responsive to relative voltage, current, or power) located at the RF output terminals of the transmitter. This meter must be calibrated whenever there is any indication that the calibration is inaccurate or whenever any component of the metering circuit is repaired or replaced. The calibration must cover, as a minimum, the range from 90% to 105% of authorized power. The meter calibration may be checked by measuring the power at the transmitter terminals while either: ( 1 ) Operating the transmitter into the transmitting antenna, and determining actual operating power by the indirect method described in § 73.267(c) ; or ( 2 ) Operating the transmitter into a load (of substantially zero reactance and a resistance equal to the transmission line characteristic impedance) and using an electrical device (within ±5% accuracy) or temperature and coolant flow indicator (within ±4% accuracy) to determine the power. ( 3 ) The calibration must cover, as a minimum, the range from 90% to 105% of authorized power and the meter must provide clear indications which will permit maintaining the operating power within the prescribed tolerance or the meter shall be calibrated to read directly in power units. ( c ) Indirect method. The operating power is determined by the indirect method by applying an appropriate factor to the input power to the last radio-frequency power amplifier stage of the transmitter, using the following formula: Transmitter output power = Ep × Ip × F Where: Ep = DC input voltage of final radio stage. Ip = Total DC input current of final radio stage. F = Efficiency factor. ( 1 ) If the above formula is not appropriate for the design of the transmitter final amplifier, use a formula specified by the transmitter manufacturer with other appropriate operating parameters. ( 2 ) The value of the efficiency factor, F, established for the authorized transmitter output power is to be used for maintaining the operating power, even though there may be some variation in F over the power operating range of the transmitter. ( 3 ) The value of F is to be determined and a record kept thereof by one of the following procedures listed in order of preference: ( i ) Using the most recent measurement data for calibration of the transmission line meter according to the procedures described in paragraph (b) of this section or the most recent measurements made by the licensee establishing the value of F. In the case of composite transmitters or those in which the final amplifier stages have been modified pursuant to FCC approval, the licensee must furnish the FCC and also retain with the station records the measurement data used as a basis for determining the value of F. ( ii ) Using measurement data shown on the transmitter manufacturer's test data supplied to the licensee; Provided, That measurements were made at the authorized frequency and transmitter output power. ( iii ) Using the transmitter manufacturer's measurement data submitted to the FCC for type acceptance and as shown in the instruction book supplied to the licensee. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 44 FR 58731 , Oct. 11, 1979, as amended at 45 FR 28141 , Apr. 28, 1980; 48 FR 38479 , Aug. 24, 1983; 49 FR 4210 , Feb. 3, 1984; 49 FR 49851 , Dec. 24, 1984] § 73.277 Permissible transmissions. ( a ) No FM broadcast licensee or permittee shall enter into any agreement, arrangement or understanding, oral or written, whereby it undertakes to supply, or receives consideration for supplying, on its main channel a functional music, background music, or other subscription service (including storecasting) for reception in the place or places of business of any subscriber. ( b ) The transmission (or interruption) of radio energy in the FM broadcast band is permissible only pursuant to a station license, program test authority, construction permit, or experimental authorization and the provisions of this part of the rules. [ 29 FR 7471 , June 10, 1964. Redesignated at 39 FR 38655 , Nov. 1, 1974 and amended at 48 FR 28454 , June 22, 1983] § 73.293 Use of FM multiplex subcarriers. Licensees of FM broadcast stations may transmit, without further authorization, subcarrier communication services in accordance with the provisions of §§ 73.319 and 73.322 . [ 51 FR 17028 , May 8, 1986] § 73.295 FM subsidiary communications services. ( a ) Subsidiary communication services are those transmitted on a subcarrier within the FM baseband signal, but do not include services which enhance the main program broadcast service, or exclusively relate to station operations (see § 73.293 ). Subsidiary communications include, but are not limited to services such as functional music, specialized foreign language programs, radio reading services, utility load management, market and financial data and news, paging and calling, traffic control signal switching, bilingual television audio, and point to point or multipoint messages. ( b ) FM subsidiary communications services that are common carrier in nature are subject to common carrier regulation. Licensees operating such services are required to apply to the FCC for the appropriate authorization and to comply with all policies and rules applicable to the service. Responsibility for making the initial determinations of whether a particular activity is common carriage rests with the FM station licensee. Initial determinations by licensees are subject to FCC examination and may be reviewed at the FCC's discretion. ( c ) Subsidiary communications services are of a secondary nature under the authority of the FM station authorization, and the authority to provide such communications services may not be retained or transferred in any manner separate from the station's authorization. The grant or renewal of an FM station permit or license is not furthered or promoted by proposed or past services. The permittee or licensee must establish that the broadcast operation is in the public interest wholly apart from the subsidiary communications services provided. ( d ) The station identification, delayed recording and sponsor identification announcements required by §§ 73.1201 , 73.1208 , and 73.1212 are not applicable to material transmitted under an SCA. ( e ) The licensee or permittee must retain control over all material transmitted in a broadcast mode via the station's facilities, with the right to reject any material that it deems inappropriate or undesirable. [ 48 FR 28454 , June 22, 1983, as amended at 48 FR 44805 , Sept. 30, 1983; 49 FR 33663 , Aug. 15, 1984; 50 FR 32416 , Aug. 12, 1985; 57 FR 48333 , Oct. 23, 1992] § 73.297 FM stereophonic sound broadcasting. ( a ) An FM broadcast station may, without specific authority from the FCC, transmit stereophonic (biphonic, quadraphonic, etc.) sound programs upon installation of stereophonic sound transmitting equipment under the provisions of §§ 2.1001 , 73.322 , and 73.1590 of the Rules. Prior to commencement of stereophonic sound broadcasting, equipment performance measurements must be made to ensure that the transmitted signal complies with all applicable rules and standards. ( b ) Each licensee or permittee engaging in multichannel broadcasting must measure the pilot subcarrier frequency as often as necessary to ensure that it is kept at all times within 2 Hz of the authorized frequency. [ 48 FR 28454 , June 22, 1983, and 48 FR 38479 , Aug. 24, 1983] § 73.310 FM technical definitions. ( a ) Frequency modulation. Antenna height above average terrain (HAAT). HAAT is calculated by: determining the average of the antenna heights above the terrain from 3 to 16 kilometers (2 to 10 miles) from the antenna for the eight directions evenly spaced for each 45° of azimuth starting with True North (a different antenna height will be determined in each direction from the antenna): and computing the average of these separate heights. In some cases less than eight directions may be used. (See § 73.313(d) .) Where circular or elliptical polarization is used, the antenna height above average terrain must be based upon the height of the radiation of the antenna that transmits the horizontal component of radiation. Antenna power gain. The square of the ratio of the root-mean-square (RMS) free space field strength produced at 1 kilometer in the horizontal plane in millivolts per meter for 1 kW antenna input power to 221.4 mV/m. This ratio is expressed in decibels (dB). If specified for a particular direction, antenna power gain is based on that field strength in the direction only. Auxiliary facility. An auxiliary facility is an antenna separate from the main facility's antenna, permanently installed on the same tower or at a different location, from which a station may broadcast for short periods without prior Commission authorization or notice to the Commission while the main facility is not in operation (e.g., where tower work necessitates turning off the main antenna or where lightning has caused damage to the main antenna or transmission system) ( See § 73.1675 ). Center frequency. The term “center frequency” means: ( 1 ) The average frequency of the emitted wave when modulated by a sinusoidal signal. ( 2 ) The frequency of the emitted wave without modulation. Composite antenna pattern. The composite antenna pattern is a relative field horizontal plane pattern for 360 degrees of azimuth, for which the value at a particular azimuth is the greater of the horizontally polarized or vertically polarized component relative field values. The composite antenna pattern is normalized to a maximum of unity (1.000) relative field. Composite baseband signal. A signal which is composed of all program and other communications signals that frequency modulates the FM carrier. Effective radiated power. The term “effective radiated power” means the product of the antenna power (transmitter output power less transmission line loss) times: ( 1 ) The antenna power gain, or ( 2 ) the antenna field gain squared. Where circular or elliptical polarization is employed, the term effective radiated power is applied separately to the horizontal and vertical components of radiation. For allocation purposes, the effective radiated power authorized is the horizontally polarized component of radiation only. Equivalent isotropically radiated power (EIRP). The term “equivalent isotropically radiated power (also known as “effective radiated power above isotropic) means the product of the antenna input power and the antenna gain in a given direction relative to an isotropic antenna. FM Blanketing. Blanketing is that form of interference to the reception of other broadcast stations which is caused by the presence of an FM broadcast signal of 115 dBu (562 mV/m) or greater signal strength in the area adjacent to the antenna of the transmitting station. The 115 dBu contour is referred to as the blanketing contour and the area within this contour is referred to as the blanketing area. FM broadcast band. The band of frequencies extending from 88 to 108 MHz, which includes those assigned to noncommercial educational broadcasting. FM broadcast channel. A band of frequencies 200 kHz wide and designated by its center frequency. Channels for FM broadcast stations begin at 88.1 MHz and continue in successive steps of 200 kHz to and including 107.9 MHz. FM broadcast station. A station employing frequency modulation in the FM broadcast band and licensed primarily for the transmission of radiotelephone emissions intended to be received by the general public. Field strength. The electric field strength in the horizontal plane. Free space field strength. The field strength that would exist at a point in the absence of waves reflected from the earth or other reflecting objects. Frequency departure. The amount of variation of a carrier frequency or center frequency from its assigned value. Frequency deviation. The peak difference between modulated wave and the carrier frequency. Frequency modulation. A system of modulation where the instantaneous radio frequency varies in proportion to the instantaneous amplitude of the modulating signal (amplitude of modulating signal to be measured after pre-emphasis, if used) and the instantaneous radio frequency is independent of the frequency of the modulating signal. Frequency swing. The peak difference between the maximum and the minimum values of the instantaneous frequency of the carrier wave during modulation. Multiplex transmission. The term “multiplex transmission” means the simultaneous transmission of two or more signals within a single channel. Multiplex transmission as applied to FM broadcast stations means the transmission of facsimile or other signals in addition to the regular broadcast signals. Percentage modulation. The ratio of the actual frequency deviation to the frequency deviation defined as 100% modulation, expressed in percentage. For FM broadcast stations, a frequency deviation of ±75kHz is defined as 100% modulation. ( b ) Stereophonic sound broadcasting. Cross-talk. An undesired signal occurring in one channel caused by an electrical signal in another channel. FM stereophonic broadcast. The transmission of a stereophonic program by a single FM broadcast station utilizing the main channel and a stereophonic subchannel. Left (or right) signal. The electrical output of a microphone or combination of microphones placed so as to convey the intensity, time, and location of sounds originating predominately to the listener's left (or right) of the center of the performing area. Left (or right) stereophonic channel. The left (or right) signal as electrically reproduced in reception of FM stereophonic broadcasts. Main channel. The band of frequencies from 50 to 15,000 Hz which frequency-modulate the main carrier. Pilot subcarrier. A subcarrier that serves as a control signal for use in the reception of FM stereophonic sound broadcasts. Stereophonic separation. The ratio of the electrical signal caused in sound channel A to the signal caused in sound channel B by the transmission of only a channel B signal. Channels A and B may be any two channels of a stereophonic sound broadcast transmission system. Stereophonic sound. The audio information carried by plurality of channels arranged to afford the listener a sense of the spatial distribution of sound sources. Stereophonic sound broadcasting includes, but is not limited to, biphonic (two channel), triphonic (three channel) and quadrophonic (four channel) program services. Stereophonic sound subcarrier. A subcarrier within the FM broadcast baseband used for transmitting signals for stereophonic sound reception of the main broadcast program service. Stereophonic sound subchannel. The band of frequencies from 23 kHz to 99 kHz containing sound subcarriers and their associated sidebands. ( c ) Visual transmissions. Communications or message transmitted on a subcarrier intended for reception and visual presentation on a viewing screen, teleprinter, facsimile printer, or other form of graphic display or record. ( d ) Control and telemetry transmissions. Signals transmitted on a multiplex subcarrier intended for any form of control and switching functions or for equipment status data and aural or visual alarms. [ 28 FR 13623 , Dec. 14, 1963, as amended at 39 FR 10575 , Mar. 21, 1974; 44 FR 36038 , June 20, 1979; 48 FR 28454 , June 22, 1983; 48 FR 29507 , June 27, 1983; 48 FR 37216 , Aug. 17, 1983; 49 FR 45145 , Nov. 15, 1984; 57 FR 48333 , Oct. 23, 1992; 62 FR 51058 , Sept. 30, 1997] § 73.311 Field strength contours. ( a ) Applications for FM broadcast authorizations must show the field strength contours required by FCC Form 301 or FCC Form 340, as appropriate. ( b ) The field strength contours provided for in this section shall be considered for the following purposes only: ( 1 ) In the estimation of coverage resulting from the selection of a particular transmitter site by an applicant for an FM broadcast station. ( 2 ) In connection with problems of coverage arising out of application of § 73.3555 . ( 3 ) In determining compliance with § 73.315(a) concerning the minimum field strength to be provided over the principal community to be served. ( 4 ) In determining compliance with § 73.215 concerning contour protection. [ 28 FR 13623 , Dec. 14, 1963, as amended at 31 FR 10126 , July 27, 1966; 32 FR 11471 , Aug. 9, 1967; 52 FR 10570 , Apr. 2, 1987; 54 FR 9802 , Mar. 8, 1989] § 73.312 Topographic data. ( a ) In the preparation of the profile graphs previously described, and in determining the location and height above mean sea level of the antenna site, the elevation or contour intervals shall be taken from United States Geological Survey Topographic Quadrangle Maps, United States Army Corps of Engineers Maps or Tennessee Valley Authority maps, whichever is the latest, for all areas for which such maps are available. If such maps are not published for the area in question, the next best topographic information should be used. Topographic data may sometimes be obtained from state and municipal agencies. The data from the Sectional Aeronautical Charts (including bench marks) or railroad depot elevations and highway elevations from road maps may be used where no better information is available. In cases where limited topographic data can be obtained, use may be made of an altimeter in a car driven along roads extending generally radially from the transmitter site. ( b ) The Commission will not ordinarily require the submission of topographical maps for areas beyond 24 km (15 miles) from the antenna site, but the maps must include the principal city or cities to be served. If it appears necessary, additional data may be requested. ( c ) The U.S. Geological Survey Topography Quadrangle Sheets may be obtained from the U.S. Geological Survey Department of the Interior, Washington, DC 20240. The Sectional Aeronautical Charts are available from the U.S. Coast and Geodetic Survey, Department of Commerce, Washington, DC 20235. These maps may also be secured from branch offices and from authorized agents or dealers in most principal cities. ( d ) In lieu of maps, the average terrain elevation may be computer generated except in cases of dispute, using elevations from a 30 second, point or better topographic data file. The file must be identified and the data processed for intermediate points along each radial using linear interpolation techniques. The height above mean sea level of the antenna site must be obtained manually using appropriate topographic maps. [ 28 FR 13623 , Dec. 14, 1963, as amended at 31 FR 10126 , July 27, 1966; 49 FR 48937 , Dec. 17, 1984; 58 FR 44950 , Aug. 25, 1993; 63 FR 33877 , June 22, 1998] § 73.313 Prediction of coverage. ( a ) All predictions of coverage made pursuant to this section shall be made without regard to interference and shall be made only on the basis of estimated field strengths. ( b ) Predictions of coverage shall be made only for the same purposes as relate to the use of field strength contours as specified in § 73.311 . ( c ) In predicting the distance to the field strength contours, the F(50,50) field strength chart, Figure 1 of § 73.333 must be used. The 50% field strength is defined as that value exceeded for 50% of the time. ( 1 ) The F(50,50) chart gives the estimated 50% field strengths exceeded at 50% of the locations in dB above 1 uV/m. The chart is based on an effective power radiated from a half-wave dipole antenna in free space, that produces an unattenuated field strength at 1 kilometer of about 107 dB above 1 uV/m (221.4 mV/m). ( 2 ) To use the chart for other ERP values, convert the ordinate scale by the appropriate adjustment in dB. For example, the ordinate scale for an ERP of 50 kW should be adjusted by 17 dB [10 log (50 kW) = 17 dBk], and therefore a field strength of 60 dBu would correspond to the field strength value at (60−17 =) 44 dBu on the chart. When predicting the distance to field strength contours, use the maximum ERP of the main radiated lobe in the pertinent azimuthal direction (do not account for beam tilt). When predicting field strengths over areas not in the plane of the maximum main lobe, use the ERP in the direction of such areas, determined by considering the appropriate vertical radiation pattern. ( d ) The antenna height to be used with this chart is the height of the radiation center of the antenna above the average terrain along the radial in question. In determining the average elevation of the terrain, the elevations between 3 and 16 kilometers from the antenna site are used. ( 1 ) Profile graphs must be drawn for eight radials beginning at the antenna site and extending 16 kilometers therefrom. The radials should be drawn for each 45° of azimuth starting with True North. At least one radial must include the principal community to be served even though it may be more than 16 kilometers from the antenna site. However, in the event none of the evenly spaced radials include the principal community to be served, and one or more such radials are drawn in addition, these radials must not be used in computing the antenna height above average terrain. ( 2 ) Where the 3 to 16 kilometers portion of a radial extends in whole or in part over a large body of water or extends over foreign territory but the 50 uV/m (34 dBu) contour encompasses land area within the United States beyond the 16 kilometers portion of the radial, the entire 3 to 16 kilometers portion of the radial must be included in the computation of antenna height above average terrain. However, where the 50 uV/m (34 dBu) contour does not so encompass United States land area, and ( i ) the entire 3 to 16 kilometers portion of the radial extends over large bodies of water or over foreign territory, such radial must be completely omitted from the computation of antenna height above average terrain, and ( ii ) where a part of the 3 to 16 kilometers portion of a radial extends over large bodies of water or foreign territory, only that part of the radial extending from 3 kilometers to the outermost portion of land in the United States covered by the radial used must be used in the computation of antenna height above average terrain. ( 3 ) The profile graph for each radial should be plotted by contour intervals of from 12 to 30 meters and, where the data permits, at least 50 points of elevation (generally uniformly spaced) should be used for each radial. In instances of very rugged terrain where the use of contour intervals of 30 meters would result in several points in a short distance, 60 or 120 meter contour intervals may be used for such distances. On the other hand, where the terrain is uniform or gently sloping the smallest contour interval indicated on the topographic map should be used, although only relatively few points may be available. The profile graph should indicate the topography accurately for each radial, and the graphs should be plotted with the distance in kilometers as the abscissa and the elevation in meters above mean sea level as the ordinate. The profile graphs should indicate the source of the topographical data used. The graph should also show the elevation of the center of the radiating system. The graph may be plotted either on rectangular coordinate paper or on special paper that shows the curvature of the earth. It is not necessary to take the curvature of the earth into consideration in this procedure as this factor is taken care of in the charts showing signal strengths. The average elevation of the 13 kilometer distance between 3 and 16 kilometers from the antenna site should then be determined from the profile graph for each radial. This may be obtained by averaging a large number of equally spaced points, by using a planimeter, or by obtaining the median elevation (that exceeded for 50% of the distance) in sectors and averaging those values. ( 4 ) Examples of HAAT calculations: ( i ) The heights above average terrain on the eight radials are as follows: Meters 0° 120 45° 255 90° 185 135° 90 180° −10 225° −85 270° 40 315° 85 The antenna height above terrain (defined in § 73.310(a) ) is computed as follows: (120 + 255 + 185 + 90 − 10 − 85 + 40 + 85) / 8 = 85 meters. ( ii ) Same as paragraph (d)(4)(i) of this section, except the 0° radial is entirely over sea water. The antenna height above average terrain is computed as follows (note that the divisor is 7 not 8): (255 + 185 + 90 − 10 − 85 + 40 + 85) / 7 = 80 meters. ( iii ) Same as paragraph (d)(4)(i) of this section, except that only the first 10 kilometers of the 90° radial are in the United States; beyond 10 kilometers the 90° radial is in a foreign country. The height above average terrain of the 3 to 10 kilometer portion of the 90° radial is 105 meters. The antenna height above average terrain is computed as follows (note that the divisor is 8 not 7.5): (120 + 255 + 105 + 90 − 10 − 85 + 40 + 85) / 8 = 75 meters. ( e ) In cases where the terrain in one or more directions from the antenna site departs widely from the average elevation of the 3 to 16 kilometer sector, the prediction method may indicate contour distances that are different from what may be expected in practice. For example, a mountain ridge may indicate the practical limit of service although the prediction method may indicate otherwise. In such cases, the prediction method should be followed, but a supplemental showing may be made concerning the contour distances as determined by other means. Such supplemental showings should describe the procedure used and should include sample calculations. Maps of predicted coverage should include both the coverage as predicted by the regular method and as predicted by a supplemental method. When measurements of area are required, these should include the area obtained by the regular prediction method and the area obtained by the supplemental method. In directions where the terrain is such that antenna heights less than 30 meters for the 3 to 16 kilometer sector are obtained, an assumed height of 30 meters must be used for the prediction of coverage. However, where the actual contour distances are critical factors, a supplemental showing of expected coverage must be included together with a description of the method used in predicting such coverage. In special cases, the FCC may require additional information as to terrain and coverage. ( f ) The effect of terrain roughness on the predicted field strength of a signal at points distant from an FM transmitting antenna is assumed to depend on the magnitude of a terrain roughness factor (h) which, for a specific propagation path, is determined by the characteristics of a segment of the terrain profile for that path 40 kilometers in length located between 10 and 50 kilometers from the antenna. The terrain roughness factor has a value equal to the distance, in meters, between elevations exceeded by all points on the profile for 10% and 90% respectively, of the length of the profile segment. (See § 73.333 , Figure 4.) ( g ) If the lowest field strength value of interest is initially predicted to occur over a particular propagation path at a distance that is less than 50 kilometers from the antenna, the terrain profile segment used in the determination of terrain roughness factor over that path must be that included between points 10 kilometers from the transmitter and such lesser distances. No terrain roughness correction need be applied when all field strength values of interest are predicted to occur 10 kilometers or less from the transmitting antenna. ( h ) Profile segments prepared for terrain roughness factor determinations are to be plotted in rectangular coordinates, with no less than 50 points evenly spaced within the segment using data obtained from topographic maps with contour intervals of approximately 15 meters (50 feet) or less if available. ( i ) The field strength charts ( § 73.333 , Figs. 1-1a) were developed assuming a terrain roughness factor of 50 meters, which is considered to be representative of average terrain in the United States. Where the roughness factor for a particular propagation path is found to depart appreciably from this value, a terrain roughness correction (Δ F ) should be applied to field strength values along this path, as predicted with the use of these charts. The magnitude and sign of this correction, for any value of Δ h, may be determined from a chart included in § 73.333 as Figure 5. ( j ) Alternatively, the terrain roughness correction may be computed using the following formula: Δ F = 1.9−0.03(Δ h )(1 + f /300) Where: Δ F = terrain roughness correction in dB Δ k = terrain roughness factor in meters f = frequency of signal in MHz (MHz) (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 28 FR 13623 , Dec. 14, 1963, as amended at 40 FR 27678 , July 1, 1975; 48 FR 29507 , June 27, 1983; 52 FR 11655 , Apr. 10, 1987; 52 FR 37789 , Oct. 9, 1987; 57 FR 48333 , Oct. 23, 1992; 63 FR 33877 , June 22, 1998] Effective Date Note Effective Date Note: At 42 FR 25736 , May 19, 1977, the effective date of § 73.313 paragraphs (i) and (j) was stayed indefinitely. § 73.314 Field strength measurements. ( a ) Except as provided for in § 73.209 , FM broadcast stations shall not be protected from any type of interference or propagation effect. Persons desiring to submit testimony, evidence or data to the Commission for the purpose of showing that the technical standards contained in this subpart do not properly reflect the levels of any given type of interference or propagation effect may do so only in appropriate rule making proceedings concerning the amendment of such technical standards. Persons making field strength measurements for formal submission to the Commission in rule making proceedings, or making such measurements upon the request of the Commission, shall follow the procedure for making and reporting such measurements outlined in paragraph (b) of this section. In instances where a showing of the measured level of a signal prevailing over a specific community is appropriate, the procedure for making and reporting field strength measurements for this purpose is set forth in paragraph (c) of this section. ( b ) Collection of field strength data for propagation analysis. ( 1 ) Preparation for measurements. ( i ) On large scale topographic maps, eight or more radials are drawn from the transmitter location to the maximum distance at which measurements are to be made, with the angles included between adjacent radials of approximately equal size. Radials should be oriented so as to traverse representative types of terrain. The specific number of radials and their orientation should be such as to accomplish this objective. ( ii ) Each radial is marked, at a point exactly 16 kilometers from the transmitter and, at greater distances, at successive 3 kilometer intervals. Where measurements are to be conducted over extremely rugged terrain, shorter intervals may be used, but all such intervals must be of equal length. Accessible roads intersecting each radial as nearly as possible at each 3 kilometer marker are selected. These intersections are the points on the radial at which measurements are to be made, and are referred to subsequently as measuring locations. The elevation of each measuring location should approach the elevation at the corresponding 3 kilometer marker as nearly as possible. ( 2 ) Measurement procedure. All measurements must be made utilizing a receiving antenna designed for reception of the horizontally polarized signal component, elevated 9 meters above the roadbed. At each measuring location, the following procedure must be used: ( i ) The instrument calibration is checked. ( ii ) The antenna is elevated to a height of 9 meters. ( iii ) The receiving antenna is rotated to determine if the strongest signal is arriving from the direction of the transmitter. ( iv ) The antenna is oriented so that the sector of its response pattern over which maximum gain is realized is in the direction of the transmitter. ( v ) A mobile run of at least 30 meters is made, that is centered on the intersection of the radial and the road, and the measured field strength is continuously recorded on a chart recorder over the length of the run. ( vi ) The actual measuring location is marked exactly on the topographic map, and a written record, keyed to the specific location, is made of all factors which may affect the recorded field, such as topography, height and types of vegetation, buildings, obstacles, weather, and other local features. ( vii ) If, during the test conducted as described in paragraph (b)(2)(iii) of this section, the strongest signal is found to come from a direction other than from the transmitter, after the mobile run prescribed in paragraph (b)(2)(v) of this section is concluded, additional measurements must be made in a “cluster” of at least five fixed points. At each such point, the field strengths with the antenna oriented toward the transmitter, and with the antenna oriented so as to receive the strongest field, are measured and recorded. Generally, all points should be within 60 meters of the center point of the mobile run. ( viii ) If overhead obstacles preclude a mobile run of at least 30 meters, a “cluster” of five spot measurements may be made in lieu of this run. The first measurement in the cluster is identified. Generally, the locations for other measurements must be within 60 meters of the location of the first. ( 3 ) Method of reporting measurements. A report of measurements to the Commission shall be submitted in affidavit form, in triplicate, and should contain the following information: ( i ) Tables of field strength measurements, which, for each measuring location, set forth the following data: ( A ) Distance from the transmitting antenna. ( B ) Ground elevation at measuring location. ( C ) Date, time of day, and weather. ( D ) Median field in dBu for 0 dBk, for mobile run or for cluster, as well as maximum and minimum measured field strengths. ( E ) Notes describing each measuring location. ( ii ) U.S. Geological Survey topographic maps, on which is shown the exact location at which each measurement was made. The original plots shall be made on maps of the largest available scale. Copies may be reduced in size for convenient submission to the Commission, but not to the extent that important detail is lost. The original maps shall be made available, if requested. If a large number of maps is involved, an index map should be submitted. ( iii ) All information necessary to determine the pertinent characteristics of the transmitting installation, including frequency, geographical coordinates of antenna site, rated and actual power output of transmitter, measured transmission line loss, antenna power gain, height of antenna above ground, above mean sea level, and above average terrain. The effective radiated power should be computed, and horizontal and vertical plane patterns of the transmitting antenna should be submitted. ( iv ) A list of calibrated equipment used in the field strength survey, which, for each instrument, specifies its manufacturer, type, serial number and rated accuracy, and the date of its most recent calibration by the manufacturer, or by a laboratory. Complete details of any instrument not of standard manufacture shall be submitted. ( v ) A detailed description of the calibration of the measuring equipment, including field strength meters, measuring antenna, and connecting cable. ( vi ) Terrain profiles in each direction in which measurements were made, drawn on curved earth paper for equivalent 4/3 earth radius, of the largest available scale. ( c ) Collection of field strength data to determine FM broadcast service in specific communities. ( 1 ) Preparation for measurement. ( i ) The population (P) of the community, and its suburbs, if any, is determined by reference to an appropriate source, e.g., the 1970 U.S. Census tables of population of cities and urbanized areas. ( ii ) The number of locations at which measurements are to be made shall be at least 15, and shall be approximately equal to 0.1(P) 1/2 , if this product is a number greater than 15. ( iii ) A rectangular grid, of such size and shape as to encompass the boundaries of the community is drawn on an accurate map of the community. The number of line intersections on the grid included within the boundaries of the community shall be at least equal to the required number of measuring locations. The position of each intersection on the community map determines the location at which a measurement shall be made. ( 2 ) Measurement procedure. All measurements must be made using a receiving antenna designed for reception of the horizontally polarized signal component, elevated 9 meters above ground level. ( i ) Each measuring location shall be chosen as close as feasible to a point indicated on the map, as previously prepared, and at as nearly the same elevation as that point as possible. ( ii ) At each measuring location, after equipment calibration and elevation of the antenna, a check is made to determine whether the strongest signal arrives from a direction other than from the transmitter. ( iii ) At 20 percent or more of the measuring locations, mobile runs, as described in paragraph (b)(2) of this section shall be made, with no less than three such mobile runs in any case. The points at which mobile measurements are made shall be well separated. Spot measurements may be made at other measuring points. ( iv ) Each actual measuring location is marked exactly on the map of the community, and suitably keyed. A written record shall be maintained, describing, for each location, factors which may affect the recorded field, such as the approximate time of measurement, weather, topography, overhead wiring, heights and types of vegetation, buildings and other structures. The orientation, with respect to the measuring location shall be indicated of objects of such shape and size as to be capable of causing shadows or reflections. If the strongest signal received was found to arrive from a direction other than that of the transmitter, this fact shall be recorded. ( 3 ) Method of reporting measurements. A report of measurements to the Commission shall be submitted in affidavit form, in triplicate, and should contain the following information: ( i ) A map of the community showing each actual measuring location, specifically identifying the points at which mobile runs were made. ( ii ) A table keyed to the above map, showing the field strength at each measuring point, reduced to dBu for the actual effective radiated power of the station. Weather, date, and time of each measurement shall be indicated. ( iii ) Notes describing each measuring location. ( iv ) A topographic map of the largest available scale on which are marked the community and the transmitter site of the station whose signals have been measured, which includes all areas on or near the direct path of signal propagation. ( v ) Computations of the mean and standard deviation of all measured field strengths, or a graph on which the distribution of measured field strength values is plotted. ( vi ) A list of calibrated equipment used for the measurements, which for each instrument, specifies its manufacturer, type, serial number and rated accuracy, and the date of its most recent calibration by the manufacturer, or by a laboratory. Complete details of any instrument not of standard manufacture shall be submitted. ( vii ) A detailed description of the procedure employed in the calibration of the measuring equipment, including field strength meters, measuring antenna, and connecting cable. [ 40 FR 27682 , July 1, 1975; 40 FR 28802 , July 9, 1975, as amended at 48 FR 29508 , June 27, 1983] § 73.315 FM transmitter location. ( a ) The transmitter location shall be chosen so that, on the basis of the effective radiated power and antenna height above average terrain employed, a minimum field strength of 70 dB above one uV/m (dBu), or 3.16 mV/m, will be provided over the entire principal community to be served. ( b ) The transmitter location should be chosen to maximize coverage to the city of license while minimizing interference. This is normally accomplished by locating in the least populated area available while maintaining the provisions of paragraph (a) of this section. In general, the transmitting antenna of a station should be located in the most sparsely populated area available at the highest elevation available. The location of the antenna should be so chosen that line-of-sight can be obtained from the antenna over the principle city or cities to be served; in no event should there be a major obstruction in this path. ( c ) The transmitting location should be selected so that the 1 mV/m contour encompasses the urban population within the area to be served. It is recognized that topography, shape of the desired service area, and population distribution may make the choice of a transmitter location difficult. In such cases consideration may be given to the use of a directional antenna system, although it is generally preferable to choose a site where a nondirectional antenna may be employed. ( d ) In cases of questionable antenna locations it is desirable to conduct propagation tests to indicate the field strength expected in the principal city or cities to be served and in other areas, particularly where severe shadow problems may be expected. In considering applications proposing the use of such locations, the Commission may require site tests to be made. Such tests should include measurements made in accordance with the measurement procedures described in § 73.314 , and full data thereon shall be supplied to the Commission. The test transmitter should employ an antenna having a height as close as possible to the proposed antenna height, using a balloon or other support if necessary and feasible. Information concerning the authorization of site tests may be obtained from the Commission upon request. ( e ) Cognizance must of course be taken regarding the possible hazard of the proposed antenna structure to aviation and the proximity of the proposed site to airports and airways. Procedures and standards with respect to the Commission's consideration of proposed antenna structures which will serve as a guide to persons intending to apply for radio station licenses are contained in Part 17 of this chapter (Construction, Marking, and Lighting of Antenna Structures). [ 28 FR 13623 , Dec. 14, 1963, as amended at 41 FR 22943 , June 8, 1976; 49 FR 38131 , Sept. 27, 1984; 49 FR 45146 , Nov. 15, 1984; 51 FR 9965 , Mar. 24, 1986; 52 FR 10570 , Apr. 2, 1987; 65 FR 79778 , Dec. 20, 2000] § 73.316 FM antenna systems. ( a ) It shall be standard to employ horizontal polarization; however, circular or elliptical polarization may be employed if desired. Clockwise or counterclockwise rotation may be used. The supplemental vertically polarized effective radiated power required for circular or elliptical polarization shall in no event exceed the effective radiated power authorized. ( b ) Directional antennas. A directional antenna is an antenna that is designed or altered for the purpose of obtaining a non-circular radiation pattern. ( 1 ) Applications for the use of directional antennas that propose a ratio of maximum to minimum radiation in the horizontal plane of more than 15 dB will not be accepted. ( 2 ) Directional antennas used to protect short-spaced stations pursuant to § 73.213 or § 73.215 of the rules, that have a radiation pattern which varies more than 2 dB per 10 degrees of azimuth will not be authorized. ( c ) Applications for directional antennas. ( 1 ) Applications for construction permit proposing the use of directional antenna systems must include a tabulation of the composite antenna pattern for the proposed directional antenna. A value of 1.0 must be used to correspond to the direction of maximum radiation. The pattern must be tabulated such that 0° corresponds to the direction of maximum radiation or alternatively, in the case of an asymmetrical antenna pattern, the pattern must be tabulated such that 0° corresponds to the actual azimuth with respect to true North. In the case of a composite antenna composed of two or more individual antennas, the pattern required is that for the composite antenna, not the patterns for each of the individual antennas. Applications must include valuations tabulated at intervals of not greater than ten (10) degrees. In addition, tabulated values of all maximas and minimas, with their corresponding azimuths, must be submitted. ( 2 ) Applications for license upon completion of antenna construction must include the following: ( i ) A complete description of the antenna system, including the manufacturer and model number of the directional antenna. It is not sufficient to label the antenna with only a generic term such as “dipole.” In the case of individually designed antennas with no model number, or in the case of a composite antenna composed of two or more individual antennas, the antenna must be described as a “custom” or “composite” antenna, as appropriate. A full description of the design of the antenna must also be submitted. ( ii ) A plot of the composite pattern of the directional antenna. A value of 1.0 must be used to correspond to the direction of maximum radiation. The plot of the pattern must be oriented such that 0° corresponds to the direction of maximum radiation or alternatively, in the case of an asymmetrical antenna pattern, the plot must be oriented such that 0° corresponds to the actual azimuth with respect to true North. The horizontal plane pattern must be plotted to the largest scale possible on unglazed letter-size polar coordinate paper (main engraving approximately 18 cm × 25 cm (7 inches × 10 inches)) using only scale divisions and subdivisions of 1, 2, 2.5, or 5 times 10-nth. Values of field strength less than 10% of the maximum field strength plotted on that pattern must be shown on an enlarged scale. In the case of a composite antenna composed of two or more individual antennas, the composite antenna pattern should be provided, and not the pattern for each of the individual antennas. ( iii ) A tabulation of the measured or computer modeled relative field pattern required in paragraph (c)(1) of this section. The tabulation must use the same zero degree reference as the plotted pattern, and must contain values for at least every 10 degrees. Sufficient vertical patterns to indicate clearly the radiation characteristics of the antenna above and below the horizontal plane. Complete information and patterns must be provided for angles of −10 deg. from the horizontal plane and sufficient additional information must be included on that portion of the pattern lying between + 10 deg. and the zenith and −10 deg. and the nadir, to conclusively demonstrate the absence of undesirable lobes in these areas. The vertical plane pattern must be plotted on rectangular coordinate paper with reference to the horizontal plane. In the case of a composite antenna composed of two or more individual antennas, the composite antenna pattern should be used, and not the pattern for each of the individual antennas. ( iv ) When the relative field pattern is computer modeled, as permitted in paragraphs (c)(2)(iii) and (x) of this section and in § 73.1690(c)(2) , the computer model must be generated by the manufacturer of the antenna, and must include a statement from the engineer(s) responsible for designing the antenna, performing the modeling, and preparing the manufacturer's instructions for installation of the antenna, that identifies and describes the software tool(s) used in the modeling and the procedures applied in using the software. It must also include a certification that the software executed normally without generating any error messages or warnings indicating an error in the program inputs. Such computer modeling shall include modeling of the antenna mounted on a tower or tower section, and the tower or tower section model must include transmission lines, ladders, conduits, appurtenances, other antennas, and any other installations that may affect the computer modeled directional pattern. The first time the directional pattern of a particular model of antenna is verified using a particular modeling software, the license applicant must submit to the Commission both the results of the computer modeling and measurements of either a full-size or scale model of the antenna or elements thereof, demonstrating reasonable correlation between the measurements achieved and the computer model results. Once a particular antenna model or series of elements has been verified by any license applicant using a particular modeling software, subsequent license applicants using the same antenna model number or elements and using the same modeling software to verify the directional pattern may submit the computer model for the subsequent antenna installation and cross-reference the original submission by providing the application file number. ( v ) A statement that the antenna is mounted on the top of an antenna tower recommended by the antenna manufacturer, or is side-mounted on a particular type of antenna tower in accordance with specific instructions provided by the antenna manufacturer. ( vi ) A statement that the directional antenna is not mounted on the top of an antenna tower which includes a top-mounted platform larger than the nominal cross-sectional area of the tower in the horizontal plane. ( vii ) A statement that no other antenna of any type is mounted on the same tower level as a directional antenna, and that no antenna of any type is mounted within any horizontal or vertical distance specified by the antenna manufacturer as being necessary for proper directional operation. ( viii ) A statement from an engineer listing such individual engineer's qualifications and certifying that the antenna has been installed pursuant to the manufacturer's instructions. ( ix ) A statement from a licensed surveyor that the installed antenna is properly oriented. ( x ) ( A ) For a station authorized pursuant to § 73.215 or § 73.509 , a showing that the root mean square (RMS) of the measured or computer modeled composite antenna pattern (encompassing both the horizontally and vertically polarized radiation components (in relative field)) is at least 85 percent of the RMS of the authorized composite directional antenna pattern (in relative field). The RMS value, for a composite antenna pattern specified in relative field values, may be determined from the following formula: RMS = the square root of: [(relative field value 1) 2 + (relative field value 2) 2 + .... + (last relative field value) 2 ] total number of relative field values ( B ) Where the relative field values are taken from at least 36 evenly spaced radials for the entire 360 degrees of azimuth. The application for license must also demonstrate that coverage of the community of license by the 70 dBu contour is maintained for stations authorized pursuant to § 73.215 on Channels 221 through 300, as required by § 73.315(a) , while noncommercial educational stations operating on Channels 201 through 220 must show that the 60 dBu contour covers at least a portion of the community of license. ( d ) Applications proposing the use of FM transmitting antennas in the immediate vicinity ( i.e., 60 meters or less) of other FM or TV broadcast antennas must include a showing as to the expected effect, if any, of such proximate operation. ( e ) Where an FM licensee or permittee proposes to mount its antenna on or near an AM tower, as defined in § 1.30002 , the FM licensee or permittee must comply with § 1.30003 or § 1.30002 , depending on whether the antenna is proposed to be mounted on an AM tower ( § 1.30003 ) or near an AM tower ( § 1.30002 ). [ 28 FR 13623 , Dec. 14, 1963, as amended at 34 FR 14222 , Sept. 10, 1969; 37 FR 25841 , Dec. 5, 1972; 43 FR 53738 , Nov. 17, 1978; 48 FR 29508 , June 27, 1983; 51 FR 17028 , May 8, 1986; 54 FR 9804 , Mar. 8, 1989; 56 FR 57294 , Nov. 8, 1991; 62 FR 51058 , Sept. 30, 1997; 63 FR 70047 , Dec. 18, 1998; 78 FR 66298 , Nov. 5, 2013; 87 FR 15343 , Mar. 18, 2022; 87 FR 35430 , June 10, 2022] § 73.317 FM transmission system requirements. ( a ) FM broadcast stations employing transmitters authorized after January 1, 1960, must maintain the bandwidth occupied by their emissions in accordance with the specification detailed below. FM broadcast stations employing transmitters installed or type accepted before January 1, 1960, must achieve the highest degree of compliance with these specifications practicable with their existing equipment. In either case, should harmful interference to other authorized stations occur, the licensee shall correct the problem promptly or cease operation. ( b ) Any emission appearing on a frequency removed from the carrier by between 120 kHz and 240 kHz inclusive must be attenuated at least 25 dB below the level of the unmodulated carrier. Compliance with this requirement will be deemed to show the occupied bandwidth to be 240 kHz or less. ( c ) Any emission appearing on a frequency removed from the carrier by more than 240 kHz and up to and including 600 kHz must be attenuated at least 35 dB below the level of the unmodulated carrier. ( d ) Any emission appearing on a frequency removed from the carrier by more than 600 kHz must be attenuated at least 43 + 10 Log 10 (Power, in watts) dB below the level of the unmodulated carrier, or 80 dB, whichever is the lesser attenuation. ( e ) Preemphasis shall not be greater than the impedance-frequency characteristics of a series inductance resistance network having a time constant of 75 microseconds. (See upper curve of Figure 2 of § 73.333 .) [ 51 FR 17028 , May 8, 1986] § 73.318 FM blanketing interference. Areas adjacent to the transmitting antenna that receive a signal with a strength of 115 dBu (562 mV/m) or greater will be assumed to be blanketed. In determining the blanketed area, the 115 dBu contour is determined by calculating the inverse distance field using the effective radiated power of the maximum radiated lobe of the antenna without considering its vertical radiation pattern or height. For directional antennas, the effective radiated power in the pertinent bearing shall be used. ( a ) The distance to the 115 dBu contour is determined using the following equation: D (in kilometers) = 0.394√ P D (in miles) = 0.245√ P Where P is the maximum effective radiated power (ERP), measured in kilowatts, of the maximum radiated lobe. ( b ) After January 1, 1985, permittees or licensees who either ( 1 ) commence program tests, or ( 2 ) replace their antennas, or ( 3 ) request facilities modifications and are issued a new construction permit must satisfy all complaints of blanketing interference which are received by the station during a one year period. The period begins with the commencement of program tests, or commencement of programming utilizing the new antenna. Resolution of complaints shall be at no cost to the complainant. These requirements specifically do not include interference complaints resulting from malfunctioning or mistuned receivers, improperly installed antenna systems, or the use of high gain antennas or antenna booster amplifiers. Mobile receivers and non-RF devices such as tape recorders or hi-fi amplifiers (phonographs) are also excluded. ( c ) A permittee collocating with one or more existing stations and beginning program tests on or after January 1, 1985, must assume full financial responsibility for remedying new complaints of blanketing interference for a period of one year. Two or more permittees that concurrently collocate on or after January 1, 1985, shall assume shared responsibility for remedying blanketing complaints within the blanketing area unless an offending station can be readily determined and then that station shall assume full financial responsibility. ( d ) Following the one year period of full financial obligation to satisfy blanketing complaints, licensees shall provide technical information or assistance to complainants on remedies for blanketing interference. [ 28 FR 13623 , Dec. 14, 1963, as amended at 52 FR 25866 , July 9, 1987] § 73.319 FM multiplex subcarrier technical standards. ( a ) The technical specifications in this Section apply to all transmissions of FM multiplex subcarriers except those used for stereophonic sound broadcasts under the provisions of § 73.322 . ( b ) Modulation. Any form of modulation may be used for subcarrier operation. ( c ) Subcarrier baseband. ( 1 ) During monophonic program transmissions, multiplex subcarriers and their significant sidebands must be within the range of 20 kHz to 99 kHz. ( 2 ) During stereophonic sound program transmissions (see § 73.322 ), multiplex subcarriers and their significant sidebands must be within the range of 53 kHz to 99 kHz. ( 3 ) During periods when broadcast programs are not being transmitted, multiplex subcarriers and their significant sidebands must be within the range of 20 kHz to 99 kHz. ( d ) Subcarrier injection. ( 1 ) During monophonic program transmissions, modulation of the carrier by the arithmetic sum of all subcarriers may not exceed 30% referenced to 75 kHz modulation deviation. However, the modulation of the carrier by the arithmetic sum of all subcarriers above 75 kHz may not modulate the carrier by more than 10%. ( 2 ) During stereophonic program transmissions, modulation of the carrier by the arithmetic sum of all subcarriers may not exceed 20% referenced to 75 kHz modulation deviation. However, the modulation of the carrier by the arithmetic sum of all subcarriers above 75 kHz may not modulate the carrier by more than 10%. ( 3 ) During periods when no broadcast program service is transmitted, modulation of the carrier by the arithmetic sum of all subcarriers may not exceed 30% referenced to 75 kHz modulation deviation. However, the modulation of the carrier by the arithmetic sum of all subcarriers above 75 kHz may not modulate the carrier by more than 10%. ( 4 ) Total modulation of the carrier wave during transmission of multiplex subcarriers used for subsidiary communications services must comply with the provisions § 73.1570(b) . ( e ) Subcarrier generators may be installed and used with a type accepted FM broadcast transmitter without specific authorization from the FCC provided the generator can be connected to the transmitter without requiring any mechanical or electrical modifications in the transmitter FM exciter circuits. ( f ) Stations installing multiplex subcarrier transmitting equipment must ensure the proper suppression of spurious or harmonic radiations. See §§ 73.317 , 73.1590 and 73.1690 . If the subcarrier operation causes the station's transmissions not to comply with the technical provisions for FM broadcast stations or causes harmful interference to other communication services, the licensee or permittee must correct the problem promptly or cease operation. The licensee may be required to verify the corrective measures with supporting data. Such data must be retained at the station and be made available to the FCC upon request. [ 48 FR 28455 , June 22, 1983, as amended at 48 FR 37216 , Aug. 17, 1983; 49 FR 15080 , Apr. 17, 1984; 49 FR 38131 , Sept. 27, 1984; 50 FR 1534 , Jan. 11, 1985; 51 FR 17029 , May 8, 1986; 57 FR 48333 , Oct. 23, 1992] § 73.322 FM stereophonic sound transmission standards. ( a ) An FM broadcast station shall not use 19 kHz ±20 Hz, except as the stereophonic pilot frequency in a transmission system meeting the following parameters: ( 1 ) The modulating signal for the main channel consists of the sum of the right and left signals. ( 2 ) The pilot subcarrier at 19 kHz ±2 Hz, must frequency modulate the main carrier between the limits of 8 and 10 percent. ( 3 ) One stereophonic subcarrier must be the second harmonic of the pilot subcarrier ( i.e. , 38 kHz) and must cross the time axis with a positive slope simultaneously with each crossing of the time axis by the pilot subcarrier. Additional stereophomic subcarriers are not precluded. ( 4 ) Double sideband, suppressed-carrier, amplitude modulation of the stereophonic subcarrier at 38 kHz must be used. ( 5 ) The stereophonic subcarrier at 38 kHz must be suppressed to a level less than 1% modulation of the main carrier. ( 6 ) The modulating signal for the required stereophonic subcarrier must be equal to the difference of the left and right signals. ( 7 ) The following modulation levels apply: ( i ) When a signal exists in only one channel of a two channel (biphonic) sound transmission, modulation of the carrier by audio components within the baseband range of 50 Hz to 15 kHz shall not exceed 45% and modulation of the carrier by the sum of the amplitude modulated subcarrier in the baseband range of 23 kHz to 53 kHz shall not exceed 45%. ( ii ) When a signal exists in only one channel of a stereophonic sound transmission having more than one stereophonic subcarrier in the baseband, the modulation of the carrier by audio components within the audio baseband range of 23 kHz to 99 kHz shall not exceed 53% with total modulation not to exceed 90%. ( b ) Stations not transmitting stereo with the method described in (a), must limit the main carrier deviation caused by any modulating signals occupying the band 19 kHz ±20 Hz to 125 Hz. ( c ) All stations, regardless of the stereophonic transmission system used, must not exceed the maximum modulation limits specified in § 73.1570(b)(2) . Stations not using the method described in (a), must limit the modulation of the carrier by audio components within the audio baseband range of 23 kHz to 99 kHz to not exceed 53%. [ 51 FR 17029 , May 8, 1986] § 73.333 Engineering charts. This section consists of the following Figures 1, 1a, 2, and slider 4 and 5. Note: The figures reproduced herein, due to their small scale, are not to be used in connection with material submitted to the F.C.C. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 28 FR 13623 , Dec. 14, 1963, as amended at 35 FR 2591 , Feb. 5, 1970; 40 FR 27679 , July 1, 1975; 45 FR 28141 , Apr. 28, 1980; 48 FR 29508 , June 27, 1983; 49 FR 19670 , May 9, 1984] Effective Date Note Effective Date Note: At 42 FR 25736 , May 19, 1977, in § 73.333 , the effective date of Figures 4 and 5 was stayed indefinitely. Subpart C—Digital Audio Broadcasting Source: 72 FR 45692 , Aug. 15, 2007, unless otherwise noted. § 73.401 Scope. This subpart contains those rules which apply exclusively to the digital audio broadcasting (DAB) service, and are in addition to those rules in Subparts A, B, C, G and H which apply to AM and FM broadcast services, both commercial and noncommercial. § 73.402 Definitions. ( a ) DAB. Digital audio broadcast stations are those radio stations licensed by the Commission and use the In-band On-channel (“IBOC”) system for broadcasting purposes. ( b ) In Band On Channel DAB System. A technical system in which a station's digital signal is broadcast in the same spectrum and on the same channel as its analog signal. ( c ) Hybrid DAB System. A system which transmits both the digital and analog signals within the spectral emission mask of a single AM or FM channel. ( d ) Extended hybrid operation. An enhanced mode of FM IBOC DAB operation which includes additional DAB subcarriers transmitted between the analog FM signal and the inner edges of the primary DAB sidebands. ( e ) Primary AM DAB Sidebands. The two groups of hybrid AM IBOC DAB subcarriers which are transmitted 10 to 15 kHz above carrier frequency (the upper primary DAB sideband), and 10 to 15 kHz below carrier frequency (the lower primary DAB sideband). ( f ) Multicasting. Subdividing the digital bitstream into multiple channels for additional audio programming uses. ( g ) Datacasting. Subdividing the digital bitstream into multiple channels for additional data or information services uses. ( h ) All-digital AM station. An AM station broadcasting an IBOC waveform that consists solely of digitally modulated subcarriers and the unmodulated AM carrier. [ 72 FR 45692 , Aug. 15, 2007, as amended at 85 FR 78027 , Dec. 3, 2020] § 73.403 Digital audio broadcasting service requirements. ( a ) Broadcast radio stations using IBOC must transmit at least one over-the-air digital audio programming stream at no direct charge to listeners. In addition, a hybrid broadcast radio station must simulcast its analog audio programming on one of its digital audio programming streams. The DAB audio programming stream that is provided pursuant to this paragraph (a) must be at least comparable in sound quality with a standard analog broadcast. ( b ) Emergency information. The emergency information requirements found in § 73.1250 shall apply to all free DAB programming streams. [ 72 FR 45692 , Aug. 15, 2007, as amended at 85 FR 78027 , Dec. 3, 2020] § 73.404 IBOC DAB operation. ( a ) The licensee of an AM or FM station, or the permittee of a new AM or FM station which has commenced program test operation pursuant to § 73.1620 , may commence hybrid IBOC DAB operation with digital facilities which conform to the technical specifications specified for hybrid DAB operation in the (2002) First Report and Order in MM Docket No. 99-325, as revised in the Media Bureau's subsequent Order in MM Docket No. 99-325. In addition, the licensee of an AM station, or the permittee of a new AM station that has commenced program test authority pursuant to § 73.1620 , may, with reasonable notice to listeners, commence all-digital IBOC operation with digital facilities that conform to the requirements set out in the (2020) Report and Order in MB Docket No. 19-311 and MB Docket No. 13-249. An AM or FM station may transmit IBOC signals during all hours for which the station is licensed to broadcast. ( b ) In situations where interference to other stations is anticipated or actually occurs, hybrid AM licensees may, upon notification to the Commission, reduce the power of the primary DAB sidebands by up to 6 dB. All-digital AM licensees, may, upon notification to the Commission, reduce the power of the secondary and tertiary sidebands by up to 6 dB, even if doing so results in non-compliance with § 73.1560(a)(1) . Any greater reduction of sideband power requires prior authority from the Commission via the filing of a request for special temporary authority or an informal letter request for modification of license. ( c ) Hybrid IBOC AM stations must use the same licensed main or auxiliary antenna to transmit the analog and digital signals. ( d ) FM stations may transmit hybrid IBOC signals in combined mode; i.e. , using the same antenna for the analog and digital signals; or may employ separate analog and digital antennas. Where separate antennas are used, the digital antenna: ( 1 ) Must be a licensed auxiliary antenna of the station; ( 2 ) Must be located within 3 seconds latitude and longitude from the analog antenna; ( 3 ) Must have a radiation center height above average terrain between 70 and 100 percent of the height above average terrain of the analog antenna. [ 72 FR 45692 , Aug. 15, 2007, as amended at 75 FR 17877 , Apr. 8, 2010; 85 FR 18151 , Apr. 1, 2020; 85 FR 78027 , Dec. 3, 2020] § 73.406 Notification. ( a ) Hybrid AM and FM licensees must electronically file a digital notification to the Commission in Washington, DC, within 10 days of commencing IBOC digital operation. ( 1 ) All-digital licensees must file a digital notification within 10 days of the following changes: ( i ) Any reduction in nominal power of an all-digital AM station; ( ii ) A transition from enhanced to core-only operating mode; or ( iii ) A reversion from all-digital to hybrid or analog operation. ( 2 ) All-digital licensees will not be permitted to commence operation sooner than 30 calendar days from public notice of digital notification of the following changes: ( i ) The commencement of new all-digital operation; ( ii ) An increase in nominal power of an all-digital AM station; or ( iii ) A transition from core-only to enhanced operating mode. ( b ) Every digital notification must include the following information: ( 1 ) The call sign and facility identification number of the station; ( 2 ) If applicable, the date on which the new or modified IBOC operation commenced or ceased; ( 3 ) The name and telephone number of a technical representative the Commission can call in the event of interference; ( 4 ) A certification that the operation will not cause human exposure to levels of radio frequency radiation in excess of the limits specified in § 1.1310 of this chapter and is therefore categorically excluded from environmental processing pursuant to § 1.1306(b) of this chapter . Any station that cannot certify compliance must submit an environmental assessment (“EA”) pursuant to § 1.1311 of this chapter and may not commence IBOC operation until such EA is ruled upon by the Commission. ( c ) Each AM digital notification must also include the following information: ( 1 ) A certification that the IBOC DAB facilities conform to applicable nominal power limits and emissions mask limits; ( 2 ) The nominal power of the station; if separate analog and digital transmitters are used, the nominal power for each transmitter; ( 3 ) If applicable, the amount of any reduction in an AM station's digital carriers; ( 4 ) For all-digital stations, the type of notification (all-digital notification, increase in nominal power, reduction in nominal power, transition from core-only to enhanced, transition from enhanced to core-only, reversion from all-digital to hybrid or analog operation); ( 5 ) For all-digital stations, if a notification of commencement of new all-digital service or a nominal power change, whether the station is operating in core-only or enhanced mode; and ( 6 ) For all-digital stations, a certification that the all-digital station complies with all Emergency Alert System (EAS) requirements in part 11 of this chapter . ( d ) Each FM digital notification must also include the following information: ( 1 ) A certification that the IBOC DAB facilities conform to the HD Radio emissions mask limits; ( 2 ) FM digital effective radiated power used and certification that the FM analog effective radiated power remains as authorized; ( 3 ) If applicable, the geographic coordinates, elevation data, and license file number of the auxiliary antenna employed by an FM station as a separate digital antenna; and ( 4 ) If applicable, for FM systems employing interleaved antenna bays, a certification that adequate filtering and/or isolation equipment has been installed to prevent spurious emissions in excess of the limits specified in § 73.317 . [ 85 FR 78027 , Dec. 3, 2020] Subpart D—Noncommercial Educational FM Broadcast Stations Source: 28 FR 13651 , Dec. 14, 1963, unless otherwise noted. Redesignated at 72 FR 45692 , Aug. 15, 2007. § 73.501 Channels available for assignment. ( a ) The following frequencies, except as provided in paragraph (b) of this section, are available for noncommercial educational FM broadcasting: Frequency (MHz) Channel No. 87.9 1 200 88.1 201 88.3 202 88.5 203 88.7 204 88.9 205 89.1 2 206 89.3 207 89.5 208 89.7 209 89.9 210 90.1 211 90.3 212 90.5 213 90.7 214 90.9 215 91.1 216 91.3 217 91.5 218 91.7 219 91.9 220 1 The frequency 87.9 MHz, Channel 200, is available only for use of existing Class D stations required to change frequency. It is available only on a noninterference basis with respect to TV Channel 6 stations and adjacent channel noncommercial educational FM stations. It is not available at all within 402 kilometers (250 miles) of Canada and 320 kilometers (199 miles) of Mexico. The specific standards governing its use are contained in § 73.512 . 2 The frequency 89.1 MHz, Channel 206, in the New York City metropolitan area, is reserved for the use of the United Nations with the equivalent of an antenna height of 150 meters (492 feet) above average terrain and effective radiated power of 20 kW and the Commission will make no assignments which would cause objectionable interference with such use. ( b ) [Reserved] [ 43 FR 39715 , Sept. 6, 1978, as amended at 47 FR 30068 , July 12, 1982; 52 FR 43765 , Nov. 16, 1987; 58 FR 44950 , Aug. 25, 1993; 87 FR 15343 , Mar. 18, 2022] § 73.503 Licensing requirements and service. The operation of, and the service furnished by noncommercial educational FM broadcast stations shall be governed by the following: ( a ) A noncommercial educational FM broadcast station will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program. ( 1 ) In determining the eligibility of publicly supported educational organizations, the accreditation of their respective state departments of education shall be taken into consideration. ( 2 ) In determining the eligibility of privately controlled educational organizations, the accreditation of state departments of education and/or recognized regional and national educational accrediting organizations shall be taken into consideration. ( b ) Each station may transmit programs directed to specific schools in a system or systems for use in connection with the regular courses as well as routine and administrative material pertaining thereto and may transmit educational, cultural, and entertainment programs to the public. ( c ) A noncommercial educational FM broadcast station may broadcast programs produced by, or at the expense of, or furnished by persons other than the licensee, if no other consideration than the furnishing of the program and the costs incidental to its production and broadcast are received by the licensee. The payment of line charges by another station network, or someone other than the licensee of a noncommercial educational FM broadcast station, or general contributions to the operating costs of a station, shall not be considered as being prohibited by this paragraph. ( d ) Each station shall furnish a nonprofit and noncommercial broadcast service. Noncommercial educational FM broadcast stations are subject to the provisions of § 73.1212 to the extent they are applicable to the broadcast of programs produced by, or at the expense of, or furnished by others. No promotional announcement on behalf of for profit entities shall be broadcast at any time in exchange for the receipt, in whole or in part, of consideration to the licensee, its principals, or employees. However, acknowledgements of contributions can be made. The scheduling of any announcements and acknowledgements may not interrupt regular programming, except as permitted under paragraph (e) of this section. ( e ) A noncommercial educational FM broadcast station may interrupt regular programming to conduct fundraising activities on behalf of a third-party non-profit organization, provided that all such fundraising activities conducted during any given year do not exceed one percent of the station's total annual airtime. A station may use the prior year's total airtime for purposes of determining how many hours constitute one percent of its total annual airtime. With respect to stations that multicast programming on two or more separate channels, the one-percent annual limit will apply separately to each individual programming stream. For purposes of this paragraph, a non-profit organization is an entity that qualifies as a non-profit organization under 26 U.S.C. 501(c)(3) . ( 1 ) Audience disclosure. A noncommercial educational FM broadcast station that interrupts regular programming to conduct fundraising activities on behalf of a third-party non-profit organization must air a disclosure during such activities clearly stating that the fundraiser is not for the benefit of the station itself and identifying the entity for which it is fundraising. The station must air the audience disclosure at the beginning and the end of each fundraising program and at least once during each hour in which the program is on the air. ( 2 ) Reimbursement. A noncommercial educational FM broadcast station that interrupts regular programming to conduct fundraising activities on behalf of a third-party non-profit organization may accept reimbursement of expenses incurred in conducting third-party fundraising activities or airing third-party fundraising programs. ( 3 ) Exemption. No noncommercial educational FM broadcast station that receives funding from the Corporation for Public Broadcasting shall have the authority to interrupt regular programming to conduct fundraising activities on behalf of a third-party non-profit organization. ( f ) Mutually exclusive applications for noncommercial educational radio stations operating on reserved channels will be resolved pursuant to the point system in subpart K. ( g ) Application limit. An applicant may file no more than a total of 10 applications in the 2021 NCE FM filing window. A party to an application filed in the 2021 NCE FM filing window may hold attributable interests, as defined in § 73.7000 , in no more than a total of 10 applications filed in the window. If it is determined that any party to an application has an attributable interest in more than 10 applications, the Media Bureau will retain the 10 applications that were filed first—based on the date of application receipt—and dismiss all other applications. Note to § 73.503 : Commission interpretation on this rule, including the acceptable form of acknowledgements, may be found in the Second Report and Order in Docket No. 21136 (Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations), 86 FCC 2d 141 (1981); the Memorandum Opinion and Order in Docket No. 21136, 90 FCC 2d 895 (1982); the Memorandum Opinion and Order in Docket 21136, 97 FCC 2d 255 (1984); and the Report and Order in Docket No. 12-106 (Noncommercial Educational Station Fundraising for Third-Party Non-Profit Organizations), FCC 17-41, April 20, 2017. See also Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations, Public Notice, 7 FCC Rcd 827 (1992), which can be retrieved through the Internet at http://www.fcc.gov/mmb/asd/nature.html . (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 28 FR 13651 , Dec. 14, 1963, as amended at 35 FR 7558 , May 15, 1970; 47 FR 36178 , Aug. 19, 1982; 49 FR 29069 , July 18, 1984; 63 FR 33877 , June 22, 1998; 65 FR 36378 , June 8, 2000; 82 FR 21135 , May 5, 2017; 86 FR 26838 , May 5, 2021] § 73.504 Channel assignments in the Mexican border area. ( a ) NCE-FM stations within 199 miles (320 km) of the United States-Mexican border shall comply with the separation requirements and other provisions of the “Agreement between the United States of America and the United Mexican States Concerning Frequency Modulation Broadcasting in the 88 to 108 MHz Band” as amended. ( b ) Applicants for noncommercial educational FM stations within 199 miles (320 km) of the United States-Mexican border shall propose at least Class A minimum facilities (see § 73.211(a) ). However, existing Class D noncommercial educational stations may apply to change frequency within the educational portion of the FM band in accordance with the requirements set forth in § 73.512 . ( c ) Section 73.208 of this chapter shall be complied with as to the determination of reference points and distance computations used in applications for new or changed facilities. However, if it is necessary to consider a Mexican channel assignment or authorization, the computation of distance will be determined as follows: if a transmitter site has been established, on the basis of the coordinates of the site; if a transmitter site has not been established, on the basis of the reference coordinates of the community, town, or city. [ 52 FR 43765 , Nov. 16, 1987] § 73.505 Zones. For the purpose of assignment of noncommercial educational FM stations, the United States is divided into three zones, Zone I, Zone I-A, and Zone II, having the boundaries specified in § 73.205 . [ 42 FR 36828 , July 18, 1977] § 73.506 Classes of noncommercial educational FM stations and channels. ( a ) Noncommercial educational stations operating on the channels specified in § 73.501 are divided into the following classes: ( 1 ) A Class D educational station is one operating with no more than 10 watts transmitter power output. ( 2 ) A Class D educational (secondary) station is one operating with no more than 10 watts transmitter power output in accordance with the terms of § 73.512 or which has elected to follow these requirements before they become applicable under the terms of § 73.512 . ( 3 ) Noncommercial educational FM (NCE-FM) stations with more than 10 watts transmitter power output are classified as Class A, B1, B, C3, C2, C1, or C depending on the station's effective radiated power and antenna height above average terrain, and on the zone in which the station's transmitter is located, on the same basis as set forth in §§ 73.210 and 73.211 for commercial stations. ( b ) Any noncommercial educational station except Class D may be assigned to any of the channels listed in § 73.501 . Class D noncommercial educational FM stations applied for or authorized prior to June 1, 1980, may continue to operate on their authorized channels subject to the provisions of § 73.512 . [ 43 FR 39715 , Sept. 6, 1978, as amended at 49 FR 10264 , Mar. 20, 1984; 52 FR 47569 , Dec. 15, 1987; 54 FR 16367 , Apr. 24, 1989; 54 FR 19374 , May 5, 1989] § 73.507 Minimum distance separations between stations. ( a ) Minimum distance separations. No application for a new station, or change in channel or transmitter site or increase in facilities of an existing station, will be granted unless the proposed facilities will be located so as to meet the adjacent channel distance separations specified in § 73.207(a) for the class of station involved with respect to assignment on Channels 221, 222, and 223 listed in § 73.201 (except where in the case of an existing station the proposed facilities fall within the provisions of § 73.207(b) ), or where a Class D station is changing frequency to comply with the requirements of § 73.512 . ( b ) Stations authorized as of September 10, 1962, which do not meet the requirements of paragraph (a) of this section and § 73.511 , may continue to operate as authorized; but any application to change facilities will be subject to the provisions of this section. ( c ) ( 1 ) Stations separated in frequency by 10.6 or 10.8 MHz (53 or 54 channels) from allotments or assignments on non-reserved channels will not be authorized unless they conform to the separations given in Table 1 to paragraph (b) of § 73.207 . ( 2 ) Under the United States-Mexican FM Broadcasting Agreement, for stations and assignments differing in frequency by 10.6 to 10.8 MHz (53 or 54 channels), U.S. noncommercial educational FM allotments and assignments must meet the separations given in Table 3 to paragraph (b) of § 73.207 to Mexican allotments or assignments in the border area. [ 42 FR 36828 , July 18, 1977, as amended at 43 FR 39716 , Sept. 6, 1978; 44 FR 65764 , Nov. 15, 1979; 49 FR 10264 , Mar. 20, 1984; 49 FR 19670 , May 9, 1984; 87 FR 15343 , Mar. 18, 2022] § 73.508 Standards of good engineering practice. ( a ) All noncommercial educational stations and LPFM stations operating with more than 10 watts transmitter power output shall be subject to all of the provisions of the FM Technical Standards contained in subpart B of this part . Class D educational stations and LPFM stations operating with 10 watts or less transmitter output power shall be subject to the definitions contained in § 73.310 , and also to those other provisions of the FM Technical Standards which are specifically made applicable to them by the provisions of this subpart. ( b ) The transmitter and associated transmitting equipment of each noncommercial educational FM station and LPFM station licensed for transmitter power output above 10 watts must be designed, constructed and operated in accordance with § 73.317 . ( c ) The transmitter and associated transmitting equipment of each noncommercial educational FM station licensed for transmitter power output of 10 watts or less, although not required to meet all requirements of § 73.317 , must be constructed with the safety provisions of the current national electrical code as approved by the American National Standards Institute. These stations must be operated, tuned, and adjusted so that emissions are not radiated outside the authorized band causing or which are capable of causing interference to the communications of other stations. The audio distortion, audio frequency range, carrier hum, noise level, and other essential phases of the operation which control the external effects, must be at all times capable of providing satisfactory broadcast service. Studio equipment properly covered by an underwriter's certificate will be considered as satisfying safety requirements. [ 65 FR 7640 , Feb. 15, 2000] § 73.509 Prohibited overlap. ( a ) An application for a new or modified NCE-FM station other than a Class D (secondary) station will not be accepted if the proposed operation would involve overlap of signal strength contours with any other station licensed by the Commission and operating in the reserved band (Channels 200-220, inclusive) as set forth in Table 1 to this paragraph (a) : Table 1 to Paragraph ( a ) Frequency separation Contour of proposed station Contour of other station Co-channel 0.1mV/m (40 dBu) 1 mV/m (60 dBu) 1 mV/m (60 dBu) 0.1 mV/m (40 dBu) 200 kHz 0.5 mV/m (54 dBu) 1 mV/m (60 dBu)1 1 mV/m (60 dBu) 0.5 mV/m (54 dBu) 400 kHz/600 kHz 100 mV/m (100 dBu) 1 mV/m (60 dBu) 1 mV/m (60 dBu) 100 mV/m (100 dBu) ( b ) An application by a Class D (secondary) station, other than an application to change class, will not be accepted if the proposed operation would involve overlap of signal strength contours with any other station as set forth in Table 2 to this paragraph (b) : Table 2 to Paragraph ( b ) Frequency separation Contour of proposed station Contour of any other station Co-channel 0.1 mV/m (40 dBu) 1 mV/m (60 dBu) 200 kHz 0.5 mV/m (54 dBu) 1 mV/m (60 dBu) 400/600 kHz 100 mV/m (100 dBu) 1 mV/m (60 dBu) ( c ) The following standards must be used to compute the distances to the pertinent contours: ( 1 ) The distance of the 60 dBu (1 mV/m) contours are to be computed using Figure 1 of § 73.333 [F(50,50) curves] of this part. ( 2 ) The distance to the other contours are to be computed using Figure 1a of § 73.333 [F(50,10) curves]. In the event that the distance to the contour is below 16 kilometers (approximately 10 miles), and therefore not covered by Figure 1a, curves in Figure 1 must be used. ( 3 ) The effective radiated power (ERP) that is the maximum ERP for any elevation plane on any bearing will be used. ( d ) An application for a change (other than a change in channel) in the facilities of a NCE-FM broadcast station will be accepted even though overlap of signal strength contours, as specified in paragraphs (a) and (b) of this section, would occur with another station in an area where such overlap does not already exists, if: ( 1 ) The total area of overlap with that station would not be increased; ( 2 ) The area of overlap with any other station would not increase; ( 3 ) The area of overlap does not move significantly closer to the station receiving the overlap; and, ( 4 ) No area of overlap would be created with any station with which the overlap does not now exist. ( e ) The provisions of this section concerning prohibited overlap will not apply where the area of such overlap lies entirely over water. [ 50 FR 27962 , July 9, 1985, as amended at 52 FR 43765 , Nov. 16, 1987; 65 FR 79778 , Dec. 20, 2000; 87 FR 15343 , Mar. 18, 2022] § 73.510 Antenna systems. ( a ) All noncommercial educational stations operating with more than 10 watts transmitter output power shall be subject to the provisions of § 73.316 concerning antenna systems contained in subpart B of this part . ( b ) Directional antenna. No application for a construction permit of a new station, or change in channel, or change in an existing facility on the same channel will be accepted for filing if a directional antenna with a maximum-to-minimum ratio of more than 15 dB is proposed. [ 42 FR 36829 , July 18, 1977] § 73.511 Power and antenna height requirements. ( a ) No new noncommercial educational station will be authorized with less power than minimum power requirements for commercial Class A facilities. (See § 73.211 .) ( b ) No new noncommercial educational FM station will be authorized with facilities greater than Class B in Zones I and I-A or Class C in Zone II, as defined in § 73.211 . ( c ) Stations licensed before December 31, 1984, and operating above 50 kW in Zones I and I-A, and above 100 kW and in Zone II may continue to operate as authorized. [ 50 FR 27963 , July 9, 1985, as amended at 50 FR 31379 , Aug. 2, 1985; 54 FR 3602 , Jan. 25, 1989] § 73.512 Special procedures applicable to Class D noncommercial educational stations. ( a ) All Class D stations seeking renewal of license for any term expiring June 1, 1980, or thereafter shall comply with the requirements set forth below and shall simultaneously file an application on FCC Form 340, containing full information regarding such compliance with the provisions set forth below. ( 1 ) To the extent possible, each applicant shall select a commercial FM channel on which it proposes to operate in lieu of the station's present channel. The station may select any commercial channel provided no objectionable interference, as set forth in § 73.509(b) , would be caused. The application shall include the same engineering information as is required to change the frequency of an existing station and any other information necessary to establish the fact that objectionable interference would not result. If no commercial channel is available where the station could operate without causing such interference, the application shall set forth the basis upon which this conclusion was reached. ( 2 ) If a commercial channel is unavailable, to the extent possible each applicant should propose operation on Channel 200 (87.9 MHz) unless the station would be within 402 kilometers (250 miles) of the Canadian border or 320 kilometers (199 miles) of the Mexican border or would cause interference to an FM station operating on Channels 201, 202, or 203 or to TV Channel 6, as provided in § 73.509 . ( 3 ) If a channel is not available under either paragraph (a) (1) or (2) of this section, the renewal applicant shall study all 20 noncommercial educational FM channels and shall propose operation on the channel which would cause the least preclusion to the establishment of new stations or increases in power by existing stations. Full information regarding the basis for the selection should be provided. ( b ) At any time before the requirements of paragraph (a) become effective, any existing Class D station may file a construction permit application on FCC Form 340 to change channel in the manner described above which shall be subject to the same requirements. In either case, any license granted shall specify that the station's license is for a Class D (secondary) station. ( c ) Except in Alaska, no new Class D applications nor major change applications by existing Class D stations are acceptable for filing except by existing Class D stations seeking to change frequency. Upon the grant of such application, the station shall become a Class D (secondary) station. ( d ) Class D noncommercial educational (secondary) stations (see § 73.506(a)(2) ) will be permitted to continue to operate only so long as no interference (as defined in § 73.509 ) is caused to any TV or commercial FM broadcast stations. In the event that the Class D (secondary) station would cause interference to a TV or commercial FM broadcast station after that Class D (secondary) station is authorized, the Class D (secondary) station must cease operation when program tests for the TV or commercial FM broadcast station commence. The Class D (secondary) station may apply for a construction permit (see § 73.3533 ) to change to another frequency or antenna site where it would not cause interference (as defined in § 73.509 ). If the Class D (secondary) station must cease operation before the construction permit is granted, an application for temporary authorization (pursuant to § 73.3542 ) to operate with the proposed facilities may be submitted; where appropriate, such temporary authorization can be granted. With respect to Class D (secondary) applications on Channels 201 through 220 required to protect television stations operating on TV Channel 6, the non-interference requirements in the preceding sentences will apply unless the application is accompanied by a written agreement between the Class D (secondary) applicant and each affected TV Channel 6 broadcast station concurring with the proposed Class D facilities. [ 43 FR 39716 , Sept. 6, 1978, as amended at 44 FR 48226 , Aug. 17, 1979; 47 FR 28388 , June 30, 1982; 50 FR 8326 , Mar. 1, 1985; 85 FR 35573 , June 11, 2020] § 73.513 Noncommercial educational FM stations operating on unreserved channels. ( a ) Noncommercial educational FM stations other than Class D (secondary) which operate on Channels 221 through 300 but which comply with § 73.503 as to licensing requirements and the nature of the service rendered, must comply with the provisions of the following sections of subpart B: §§ 73.201 through 73.213 (Classification of FM Broadcast Stations and Allocations of Frequencies) and such other sections of subpart B as are made specially applicable by the provisions of this subpart C. Stations in Alaska authorized before August 11, 1982, using Channels 261-300 need not meet the minimum effective radiated power requirement specified in § 73.211(a) . In all other respects, stations operating on Channels 221 through 300 are to be governed by the provisions of this subpart and not subpart B. ( b ) When a noncommercial educational applicant is among mutually exclusive applications for an unreserved FM channel, the mutually exclusive applications will be considered pursuant to Subpart I—Competitive Bidding Procedures and not Subpart K—Application and Selection Procedures On Reserved Noncommercial Educational Channels. [ 47 FR 30068 , July 12, 1982, as amended at 65 FR 36378 , June 8, 2000] § 73.514 Protection from interference. Permittees and licensees of NCE FM stations are not protected from interference which may be caused by the grant of a new LPFM station or of authority to modify an existing LPFM station, except as provided in subpart G of this part . [ 65 FR 67299 , Nov. 9, 2000] § 73.515 NCE FM transmitter location. The transmitter location shall be chosen so that, on the basis of effective radiated power and antenna height above average terrain employed, a minimum field strength of l mV/m (60 dBu) will be provided over at least 50 percent of its community of license or reach 50 percent of the population within the community. [ 65 FR 79779 , Dec. 20, 2000] § 73.525 TV Channel 6 protection. The provisions of this section apply to all applications for construction permits for new or modified facilities for a NCE-FM station on Channels 200-220 unless the application is accompanied by a written agreement between the NCE-FM applicant and each affected TV Channel 6 broadcast station concurring with the proposed NCE-FM facilities. ( a ) Affected TV Channel 6 station. ( 1 ) An affected TV Channel 6 station is a TV broadcast station which is authorized to operate on Channel 6 that is located within the following distances of a NCE-FM station operating on Channels 201-220: Table A NCE-FM channel Distance (kilometers) NCE-FM channel Distance (kilometers) 201 265 211 196 202 257 212 195 203 246 213 193 204 235 214 187 205 225 215 180 206 211 216 177 207 196 217 174 208 196 218 166 209 196 219 159 210 196 220 154 ( 2 ) Where a NCE-FM application has been accepted for filing or granted, the subsequent acceptance of an application filed by a relevant TV Channel 6 station will not require revision of the pending NCE-FM application or the FM station's authorized facilities, unless the provisions of paragraph (e)(3) of this section for TV translator or satellite stations apply. ( b ) Existing NCE-FM stations. ( 1 ) A NCE-FM station license authorized to operate on channels 201-220 as of December 31, 1984, or a permittee, granted a construction permit for a NCE-FM station as of December 31, 1984, are not subject to this section unless they propose either: ( i ) To make changes in operating facilities or location which will increase predicted interference as calculated under paragraph (e) of this section to TV Channel 6 reception in any direction; or, ( ii ) To increase its ratio of vertically polarized to horizontally polarized transmissions. ( 2 ) Applicants must comply with the provision of paragraphs (c) or (d) of this section unless the application for modification demonstrates that, for each person predicted to receive new interference as a result of the change, existing predicted interference to two person will be eliminated. Persons predicted to receive new interference are those located outside the area predicted to receive interference from the station's currently authorized facilities (“existing predicted interference area”) but within the area predicted to receive interference from the proposed facilities (“proposed predicted interference area”). Persons for whom predicted interference will be eliminated are those located within the existing predicted interference area and outside the proposed predicted interference area. ( i ) In making this calculation, the provisions contained at paragraph (e) will be used except as modified by paragraph (b)(3) of this section. ( ii ) The following adjustment to the population calculation may be made: up to 1,000 persons may be subtracted from the population predicted to receive new interference if, for each person substracted, the applicant effectively installs two filters within 90 days after commencing program tests with the proposed facilities and, no later than 45 days thereafter, provides the affected TV Channel 6 station (as defined in paragraph (a) of this section) with a certification containing sufficient information to permit verification of such installation. The required number of filters will be installed on television receivers located within the predicted interference area; provided that half of the installations are within the area predicted to receive new interference. ( 3 ) Where an NCE-FM applicant wishes to operate with facilities in excess of that permitted under the provisions of paragraphs (c) or (d) of this section, by proposing to use vertically polarized transmissions only, or to increase its ratio of vertically to horizontally polarized transmissions, the affected TV Channel 6 station must be given an option to pay for the required antenna and, if it takes that option, the NCE-FM vertically polarized component of power will be one half (−3 dB) that which would be allowed by the provisions of paragraph (e)(4) of this section. ( 4 ) Applications for modification will include a certification that the applicant has given early written notice of the proposed modification to all affected TV Channel 6 stations (as defined in paragraph (a) of this section). ( 5 ) Where the NCE-FM station demonstrates in its application that it must make an involuntary modification (e.g., due to loss of its transmitter site) that would not otherwise be permitted under this section, its application will be considered on a case-by-case basis. In such cases, the provisions of paragraph (b)(3) of this section do not apply. ( c ) New NCE-FM stations. Except as provided for by paragraph (d) of this section, applicants for NCE-FM stations proposing to operate on Channels 201-220 must submit a showing indicating that the predicted interference area resulting from the proposed facility contains no more than 3,000 persons. ( 1 ) In making these calculations, the provisions in paragraph (e) of this section will be used. ( 2 ) The following adjustment to population may be made: up to 1,000 persons may be subtracted from the population within the predicted interference area if, for each person subtracted, the applicant effectively installs one filter within 90 days after commencing program tests and, no later than 45 days thereafter, provides the affected TV Channel 6 station with a certification containing sufficient information to permit verification of such installation. The required number of filters will be installed on television receivers located within the predicted interference area. ( d ) Collocated stations. As an alternative to the provisions contained in paragraphs (b) and (c) of this section, an application for a NCE-FM station operating on Channels 201-220 and located at 0.4 kilometer (approximately 0.25 mile) or less from a TV Channel 6 station will be accepted under the following requirements: ( 1 ) The effective radiated power cannot exceed the following values: Table B NCE-FM channel Power (kilowatt) NCE-FM channel Power (kilowatt) 201 1.1 211 26.3 202 1.9 212 31.6 203 3.1 213 38.0 204 5.0 214 46.8 205 8.3 215 56.2 206 10.0 216 67.6 207 12.0 217 83.2 208 14.8 218 100.0 209 17.8 219 100.0 210 21.4 220 100.0 ( 2 ) The NCE-FM application will include a certification that the applicant has coordinated its antenna with the affected TV station by employing either: The same number of antenna bays with radiation centers separated by no more than 30 meters (approximately 100 feet) verticially; or, the FM vertical pattern not exceeding the TV vertical pattern by more than 2dB. ( e ) Calculation of predicted interference area and population. Predictions of interference required under this section and calculations to determine the number of persons within a predicted interference area for NCE-FM operation on Channels 201-220 are made as follows: ( 1 ) The predicted interference area will be calculated as follows: ( i ) The distances to the TV Channel 6 field strength contours will be predicted according to the procedures specified in § 73.684 , “Prediction of coverage,” using the F(50,50) curves in Figure 9, § 73.699 . ( ii ) For each TV Channel 6 field strength contour, there will be an associated F(50,10) FM interference contour, the value of which (in units of dBu) is defined as the sum of the TV Channel 6 field strength (in dBu) and the appropriate undesired-to-desired (U/D) signal ratio (in dB) obtained from Figures 1 and 2, § 73.599 , corresponding to the channel of the NCE-FM applicant and the appropriate F(50,50) field strength contour of the TV Channel 6 station. ( iii ) An adjustment of 6 dB for television receiving antenna directivity will be added to each NCE-FM interference contour at all points outside the Grade A field strength contour ( § 73.683 ) of the TV Channel 6 station and within an arc defined by the range of angles, of which the FM transmitter site is the vertex, from 110° relative to the azimuth from the FM transmitter site to the TV Channel 6 transmitter site, counterclockwise to 250° relative to that azimuth. At all points at and within the Grade A field strength contour of the TV Channel 6 station, the 6 dB adjustment is applicable over the range of angles from 70° clockwise to 110° and from 250° clockwise to 290°. ( iv ) The distances to the applicable NCE-FM interference contours will be predicted according to the procedures specified in § 73.313 , “Prediction of Coverage,” using the proposed antenna height and horizontally polarized, or the horizontal equivalent of the vertically polarized, effective radiated power in the pertinent direction and the F(50,10) field strength curves (Figure 1a, § 73.333 ). ( v ) The predicted interference area will be defined as the area within the TV Channel 6 station's 47 dBu field strength contour that is bounded by the locus of intersections of a series of TV Channel 6 field strength contours and the applicable NCE-FM interference contours. ( vi ) In cases where the terrain in one or more directions departs widely from the surrounding terrain average (for example, an intervening mountain), a supplemental showing may be made. Such supplemental showings must describe the procedure used and should include sample calculations. The application must also include maps indicating the predicted interference area for both the regular method and the supplemental method. ( vii ) In cases where the predicted interference area to Channel 6 television from a noncommercial educational FM station will be located within the 90 dBu F(50,50) contour of the television Channel 6 station, the location of the FM interfering contour must be determined using the assumption that the Channel 6 field strength remains constant at 90 dBu everywhere within the 90 dBu TV contour. The FM to Channel 6 U/D signal strength ratio specified in § 73.599 corresponding to the Channel 6 TV field strength of 90 dBu shall be used. ( 2 ) The number of persons contained within the predicted interference area will be based on data contained in the most recently published U.S. Census of Population and will be determined by plotting the predicted interference area on a County Subdivision Map of the state published for the Census, and totalling the number of persons in each County Subdivision (such as, Minor Civil Division (MCD), Census County Division (CCD), or equivalent areas) contained within the predicted interference area. Where only a portion of County Subdivision is contained within the interference area: ( i ) The population of all incorporated places or Census designated places will be subtracted from the County Subdivision population; ( ii ) Uniform distribution of the remaining population over the remaining area of the County Subdivision will be assumed in determining the number of persons within the predicted interference area in proportion to the share of the remaining area of the County Subdivision that lies within the predicted interference area; and, ( iii ) The population of the incorporated places or Census designated places contained within the predicted interference area will then be added to the total, again assuming uniform distribution of the population within the area of each place and adding a share of the population proportional to the share of the area if only a portion of such a place is within the predicted interference area. ( iv ) At the option of either the NCE-FM applicant or an affected TV Channel 6 station which provides the appropriate analysis, more detailed population data may be used. ( 3 ) Adjustments to the population calculated pursuant to paragraph (e)(2) of this section may be made as follows: ( i ) If any part of the predicted interference area is within the Grade A field strength contour ( § 73.683 ) of a TV translator station carrying the affected TV Channel 6 station, the number of persons within that overlap area will be subtracted, provided the NCE-FM construction permit and license will contain the following conditions: ( A ) When the TV translator station ceases to carry the affected TV Channel 6 station's service and the cessation is not the choice of the affected TV Channel 6 station, the NCE-FM station will modify its facilities, within a reasonable transition period, to meet the requirements of this section which would have applied if no adjustment to population for translator service had been made in its application. ( B ) The transition period may not exceed 1 year from the date the NCE-FM station is notified by the TV Channel 6 station that the translator station will cease to carry the affected TV Channel 6 station's service or 6 months after the translator station ceases to carry the affected TV Channel 6 station's service, whichever is earlier. ( ii ) If any part of the interference area is within the Grade B field strength contour ( § 73.683 ) of a satellite station of the affected TV Channel 6 station, the number of persons within the overlap area will be subtracted, provided the NCE-FM permit and license will contain the following conditions: ( A ) If the satellite station ceases to carry the affected TV Channel 6 station's service and the cessation is not the choice of the affected TV Channel 6 station, the NCE-FM station will modify its facilities, within a reasonable transition period, to meet the requirements of this rule which would have applied if no adjustment to population for satellite station service had been made in its application. ( B ) The transition period may not exceed 1 year from the date the NCE-FM station is notified by the TV Channel 6 station that the satellite station will cease to carry the affected TV Channel 6 stations's service or 6 months after the satellite station ceases to carry the affected TV Channel 6 station's service, whichever is earlier. ( iii ) If any part of the predicted interference area is located outside the affected TV Channel 6 station's Area of Dominant Influence (ADI), outside the Grade A field strength contour ( § 73.683 ), and within the predicted city grade field strength contour (73.685(a)) of a TV broadcast station whose only network affiliation is the same as the only network affiliation of the affected TV Channel 6 station, the number of persons within that part will be subtracted. (For purposes of this provision, a network is defined as ABC, CBS, NBC, or their successors.) In addition, the ADI of an affected TV Channel 6 station and the program network affiliations of all relevant TV broadcast stations will be assumed to be as they were on the filing date of the NCE-FM application or June 1, 1985, whichever is later. ( iv ) In calculating the population within the predicted interference area, an exception will be permitted upon a showing (e.g., as survey of actual television reception) that the number of persons within the predicted interference area should be reduced to account for persons actually experiencing co-channel or adjacent channel interference to reception of the affected TV Channel 6 station. The area within which such a showing may be made will be limited to the area calculated as follows: ( A ) The distances to the field strength contours of the affected TV Channel 6 station will be predicted according to the procedures specified in § 73.684 , “Prediction of coverage,” using the F(50,50) curves in Figure 9, § 73.699 . ( B ) For each field strength contour of the affected TV Channel 6 station, there will be an associated co-channel or adjacent channel TV broadcast station interference contour, the value of which (in units of dBu) is defined as the sum of the affected TV Channel 6 station's field strength (in dBu) and the appropriate undesired-to-desired signal ratio (in dB) as follows: Co-channel, normal offset, −22 dB Co-channel, no offset, −39 dB Adjacent channel, + 12 dB ( C ) The distances to the associated co-channel or adjacent channel TV broadcast station interference contour will be predicted according to the procedures specified in § 73.684 , “Prediction of coverage,” using the F(50,10) curves in Figure 9a, § 73.699 . ( D ) The area within which the showing of actual interference may be made will be the area bounded by the locus of intersections of a series of the affected TV Channel 6 station's field strength contours and the associated interference contours of the co-channel or adjacent channel TV broadcast station. ( 4 ) The maximum permissible effective radiated power (ERP) and antenna height may be adjusted for vertical polarity as follows: ( i ) If the applicant chooses to use vertically polarized transmissions only, the maximum permissible vertically polarized ERP will be the maximum horizontally polarized ERP permissible at the same proposed antenna height, calculated without the adjustment for television receiving antenna directivity specified in paragraph (e)(1)(iii) of this section, multiplied by either: 40 if the predicted interference area lies entirely outside the limits of a city of 50,000 persons or more; or 10 if it does not. ( ii ) If the applicant chooses to use mixed polarity, the permissible ERP is as follows: [H + (V/A)] is no greater than P Where: H is the horizontally polarized ERP in kilowatts for mixed polarity; V is the vertically polarized ERP in kilowatts for mixed polarity; A is 40 if the predicted interference area lies entirely outside the limits of a city of 50,000 persons or more, or 10 if it does not; and P is the maximum permitted horizontally polarized-only power in kilowatts. ( f ) Channel 200 Applications. No application for use of NCE-FM Channel 200 will be accepted if the requested facility would cause objectionable interference to TV Channel 6 operations. Such objectionable interference will be considered to exist whenever the 15 dBu contour based on the F(50,10) curves in § 73.333 Figure 1a would overlap the 40 dBu contour based on the F(50,50) curves in § 73.699 , Figure 9. [ 50 FR 27963 , July 9, 1985; 50 FR 30187 , July 24, 1985; 50 FR 31379 , Aug. 2, 1985, as amended at 51 FR 26250 , July 22, 1986; 52 FR 25867 , July 9, 1987; 62 FR 51059 , Sept. 30, 1997] § 73.558 Indicating instruments. The requirements for indicating instruments described in § 73.258 are applicable to all educational FM broadcast stations licensed with a transmitter power greater than 0.01 kw. [ 51 FR 17029 , May 8, 1986] § 73.561 Operating schedule; time sharing. ( a ) All noncommercial educational FM stations will be licensed for unlimited time operation except those stations operating under a time sharing arrangement. All noncommercial educational FM stations are required to operate at least 36 hours per week, consisting of at least 5 hours of operation per day on at least 6 days of the week; however, stations licensed to educational institutions are not required to operate on Saturday or Sunday or to observe the minimum operating requirements during those days designated on the official school calendar as vacation or recess periods. ( b ) All stations, including those meeting the requirements of paragraph (a) of this section, but which do not operate 12 hours per day each day of the year, will be required to share use of the frequency upon the grant of an appropriate application proposing such share time arrangement. Such applications shall set forth the intent to share time and shall be filed in the same manner as are applications for new stations. They may be filed at any time, but in cases where the parties are unable to agree on time sharing, action on the application will be taken only in connection with the renewal of application for the existing station. In order to be considered for this purpose, such an application to share time must be filed no later than the deadline for filing petitions to deny the renewal application of the existing licensee, or, in the case of renewal applications filed by the existing licensee on or before May 1, 1995, no later than the deadline for filing applications in conflict with the such renewal applications. ( 1 ) The licensee and the prospective licensee(s) shall endeavor to reach an agreement for a definite schedule of periods of time to be used by each. Such agreement shall be in writing and shall set forth which licensee is to operate on each of the hours of the day throughout the year. Such agreement shall not include simultaneous operation of the stations. Each licensee shall file the same in triplicate with each application to the Commission for initial construction permit or renewal of license. Such written agreements shall become part of the terms of each station's license. ( 2 ) The Commission desires to facilitate the reaching of agreements on time sharing. However, if the licensees of stations authorized to share time are unable to agree on a division of time, the Commission shall be so notified by statement to that effect filed with the application proposing time sharing. Thereafter the Commission will designate the application for hearing on any qualification issues arising regarding the renewal or new applicants. If no such issues pertain, the Commission will set the matter for expedited hearing limited solely to the issue of the sharing of time. In the event the stations have been operating under a time sharing agreement but cannot agree on its continuation, a hearing will be held, and pending such hearing, the operating schedule previously adhered to shall remain in full force and effect. ( c ) A departure from the regular schedule set forth in a time-sharing agreement will be permitted only in cases where a written agreement to that effect is reduced to writing, is signed by the licensees of the stations affected thereby, and is filed in triplicate by each licensee with the Commission, Attention: Audio Division, Media Bureau, prior to the time of the proposed change. If time is of the essence, the actual departure in operating schedule may precede the actual filing of the written agreement, provided that appropriate notice is sent to the Commission in Washington, DC, Attention: Audio Division, Media Bureau. ( d ) In the event that causes beyond the control of a permittee or licensee make it impossible to adhere to the operating schedule in paragraph (a) or (b) of this section or to continue operating, the station may limit or discontinue operation for a period not exceeding 30 days without further authority from the Commission provided that notification is sent to the Commission in Washington, DC, Attention: Audio Division, Media Bureau, no later than the 10th day of limited or discontinued operation. During such period, the permittee shall continue to adhere to the requirements of the station license pertaining to the lighting of antenna structures. In the event normal operation is restored prior to the expiration of the 30 day period, the permittee or licensee will notify the FCC, Attention: Audio Division of the date that normal operations resumed. If causes beyond the control of the permittee or licensee make it impossible to comply within the allowed period, Special Temporary Authority (see § 73.1635 ) must be requested to remain silent for such additional time as deemed necessary. The license of a broadcasting station that fails to transmit broadcast signals for any consecutive 12 month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of license to the contrary. Note 1 to § 73.561 : For allocations purposes, both (all) stations sharing time will be treated as unlimited time stations. Note 2 to § 73.561 : See §§ 73.1705 , 73.1715 , and 73.1740 . (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 43 FR 39717 , Sept. 6, 1978, as amended at 43 FR 45845 , Oct. 4, 1978; 44 FR 3416 , Jan. 19, 1979; 44 FR 65764 , Nov. 15, 1979; 47 FR 54448 , Dec. 3, 1982; 50 FR 13974 , Apr. 9, 1985; 61 FR 18291 , Apr. 25, 1996; 61 FR 28767 , June 6, 1996; 63 FR 33877 , June 22, 1998; 67 FR 13231 , Mar. 21, 2002] § 73.567 Determining operating power. The procedures for determining operating power described in § 73.267 are applicable to noncommercial education FM stations. [ 44 FR 58732 , Oct. 11, 1979] § 73.593 Subsidiary communications services. The licensee of a noncommercial educational FM station is not required to use its subcarrier capacity, but if it chooses to do so, it is governed by §§ 73.293 through 73.295 of the Commission's Rules regarding the types of permissible subcarrier uses and the manner in which subcarrier operations shall be conducted; Provided, however, that remunerative use of a station's subcarrier capacity shall not be detrimental to the provision of existing or potential radio reading services for the blind or otherwise inconsistent with its public broadcasting responsibilities. [ 48 FR 26615 , June 9, 1983] § 73.597 FM stereophonic sound broadcasting. A noncommercial educational FM broadcast station may, without specific authority from the FCC, transmit stereophonic sound programs upon installation of stereophonic sound transmitting equipment under the provisions of §§ 2.977 , 2.1001 , 73.322 , and 73.1590 of the FCC's Rules. [ 51 FR 17029 , May 8, 1986] § 73.599 NCE-FM engineering charts. This section consists of the following Figures 1 and 2. [ 50 FR 27965 , July 9, 1985] Subpart E—Television Broadcast Stations § 73.601 Scope of subpart. This subpart contains the rules and regulations (including engineering standards) governing TV broadcast stations, including noncommercial educational TV broadcast stations and, where indicated, low power TV and TV translator stations in the United States, its Territories and possessions. TV broadcast, low power TV, and TV translator stations are assigned channels 6 MHz wide, designated as set forth in § 73.603(a) . [ 47 FR 21494 , May 18, 1982] § 73.602 Cross reference to rules in other parts. See § 73.1010 . [ 43 FR 32781 , July 28, 1978] § 73.603 Numerical designation of television channels. ( a ) Channel No. Frequency band (MHz) 2 54-60 3 60-66 4 66-72 5 76-82 6 82-88 7 174-180 8 180-186 9 186-192 10 192-198 11 198-204 12 204-210 13 210-216 14 470-476 15 476-482 16 482-488 17 488-494 18 494-500 19 500-506 20 506-512 21 512-518 22 518-524 23 524-530 24 530-536 25 536-542 26 542-548 27 548-554 28 554-560 29 560-566 30 566-572 31 572-578 32 578-584 33 584-590 34 590-596 35 596-602 36 602-608 37 608-614 ( b ) [Reserved] ( c ) Channel 37, 608-614 MHz is reserved exclusively for the radio astronomy service. ( d ) In Hawaii, the frequency band 488-494 MHz is allocated for non-broadcast use. This frequency band (Channel 17) will not be assigned in Hawaii for use by television broadcast stations. [ 28 FR 13660 , Dec. 14, 1963, as amended at 35 FR 11179 , July 11, 1970; 39 FR 10576 , Mar. 21, 1974; 47 FR 16789 , Apr. 20, 1982; 47 FR 30068 , July 12, 1982; 47 FR 35989 , Aug. 18, 1982; 51 FR 18450 , May 20, 1986; 70 FR 46676 , Aug. 10, 2005; 86 FR 66195 , Nov. 22, 2021] § 73.606 Table of allotments. The table of allotments set forth in § 73.622(j) contains the channels designated for the listed communities in the United States, its Territories, and possessions. Channels designated with an asterisk are assigned for use by noncommercial educational broadcast stations only. [ 86 FR 66195 , Nov. 22, 2021] § 73.609 Zones. ( a ) For the purpose of allotment and assignment, the United States is divided into three zones as follows: ( 1 ) Zone I consists of that portion of the United States located within the confines of the following lines drawn on the U.S. Albers Equal Area Projection Map (based on standard parallels 29 1 ⁄ 2 ° and 45 1 ⁄ 2 °; North American datum): Beginning at the most easterly point on the State boundary line between North Carolina and Virginia; thence in a straight line to a point on the Virginia-West Virginia boundary line located at north latitude 37°49′ and west longitude 80°12′30″; thence westerly along the southern boundary lines of the States of West Virginia, Ohio, Indiana, and Illinois to a point at the junction of the Illinois, Kentucky, and Missouri State boundary lines; thence northerly along the western boundary line of the State of Illinois to a point at the junction of the Illinois, Iowa, and Wisconsin State boundary lines; thence easterly along the northern State boundary line of Illinois to the 90th meridian; thence north along this meridian to the 43.5° parallel; thence east along this parallel to the United States-Canada border; thence southerly and following that border until it again intersects the 43.5° parallel; thence east along this parallel to the 71st meridian; thence in a straight line to the intersection of the 69th meridian and the 45th parallel; thence east along the 45th parallel to the Atlantic Ocean. When any of the above lines pass through a city, the city shall be considered to be located in Zone I. (See Figure 1 of § 73.699 .) ( 2 ) Zone II consists of that portion of the United States which is not located in either Zone I or Zone III, and Puerto Rico, Alaska, Hawaiian Islands and the Virgin Islands. ( 3 ) Zone III consists of that portion of the United States located south of a line, drawn on the United States Albers Equal Area Projection Map (based on standard parallels 29.50 and 45.50 North American datum), beginning at a point on the east coast of Georgia and the 31st parallel and ending at the United States-Mexican border, consisting of arcs drawn with a 241.4 kilometer (150 mile) radius to the north from the following specified points: North latitude West longitude (a) 29°40′00″ 83°24′00″ (b) 30°07′00″ 84°12′00″ (c) 30°31′00″ 86°30′00″ (d) 30°48′00″ 87°58′30″ (e) 30°00′00″ 90°38′30″ (f) 30°04′30″ 93°19′00″ (g) 29°46′00″ 95°05′00″ (h) 28°43′00″ 96°39′30″ (i) 27°52′30″ 97°32′00″ When any of the above arcs pass through a city, the city shall be considered to be located in Zone II. (See Figure 2 of § 73.699 .) [ 28 FR 13660 , Dec. 14, 1963, as amended at 33 FR 15422 , Oct. 17, 1968; 50 FR 23697 , June 5, 1985; 51 FR 44070 , Dec. 8, 1986] § 73.611 Emission levels and mask filter. ( a ) The power level of emissions on frequencies outside the authorized channel of operation must be attenuated no less than the following amounts below the average transmitted power within the authorized channel. In the first 500 kHz from the channel edge the emissions must be attenuated no less than 47 dB. More than 6 MHz from the channel edge, emissions must be attenuated no less than 110 dB. At any frequency between 0.5 and 6 MHz from the channel edge, emissions must be attenuated no less than the value determined by the following formula: Formula 1 to Paragraph (a) Attenuation in dB = −11.5(Δf + 3.6); Where: Δf = frequency difference in MHz from the edge of the channel. ( b ) This attenuation is based on a measurement bandwidth of 500 kHz. Other measurement bandwidths may be used as long as appropriate correction factors are applied. Measurements need not be made any closer to the band edge than one half of the resolution bandwidth of the measuring instrument. Emissions include sidebands, spurious emissions and radio frequency harmonics. Attenuation is to be measured at the output terminals of the transmitter (including any filters that may be employed). In the event of interference caused to any service, greater attenuation may be required. [ 89 FR 7243 , Feb. 1, 2024] § 73.612 Protection from interference. ( a ) Permittees and licensees of TV broadcast stations are not protected from any interference which may be caused by the grant of a new station or of authority to modify the facilities of an existing station in accordance with the provisions of subpart E of this part . The nature and extent of the protection from interference accorded to TV broadcast stations is limited solely to the protection which results from the interference protection requirements set forth in subpart E of this part . ( b ) [Reserved] [ 89 FR 7243 , Feb. 1, 2024] § 73.613 [Reserved] § 73.614 Power and antenna height requirements. ( a ) Minimum requirements. Applications will not be accepted for filing if they specify less than 100 watts horizontally polarized effective radiated power (ERP) in any horizontal direction. No minimum antenna height above average terrain (HAAT) is specified. For stations requesting DTS operation pursuant to § 73.626 , this requirement applies to at least one site in the DTS. ( b ) Maximum power. Applications for new full power television stations, for changes in authorized full power television stations, and petitions for changes to the Table of TV Allotments, will not be accepted for filing if they specify a power which exceeds the maximum permitted boundaries specified in the following formulas: ( 1 ) A TV station that operates on a channel 2-6 allotment will be allowed a maximum ERP of 10 kW if its antenna HAAT is at or below 305 meters and it is located in Zone I or a maximum ERP of 45 kW if its antenna HAAT is at or below 305 meters and it is located in Zone II or Zone III. ( i ) At higher HAAT levels, such TV stations will be allowed to operate with lower maximum ERP levels in accordance with the following table and formulas (the allowable maximum ERP for intermediate values of HAAT is determined using linear interpolation based on the units employed in the table): Table 1 to Paragraph (b)(1)(i) —Maximum Allowable ERP and Antenna Height for TV Stations in Zones II or III on Channels 2-6 Antenna HAAT (meters) ERP (kW) 610 10 580 11 550 12 520 14 490 16 460 19 425 22 395 26 365 31 335 37 305 45 ( ii ) For TV stations located in Zone I that operate on channels 2-6 with an HAAT that exceeds 305 meters, the allowable maximum ERP expressed in decibels above 1 kW (dBk) is determined using the following formula, with HAAT expressed in meters: ERP max = 92.57−33.24 * log 10 (HAAT) ( iii ) For TV stations located in Zone II or III that operate on channels 2-6 with an HAAT that exceeds 610 meters, the allowable maximum ERP expressed in decibels above 1 kW (dBk) is determined using the following formula, with HAAT expressed in meters: ERP max = 57.57−17.08 * log 10 (HAAT) ( 2 ) A TV station that operates on a channel 7-13 allotment will be allowed a maximum ERP of 30 kW if its antenna HAAT is at or below 305 meters and it is located in Zone I or a maximum ERP of 160 kW if its antenna HAAT is at or below 305 meters and it is located in Zone II or Zone III. ( i ) At higher HAAT levels, such TV stations will be allowed to operate with lower maximum ERP levels in accordance with the following table and formulas (the allowable maximum ERP for intermediate values of HAAT is determined using linear interpolation based on the units employed in the table): Table 2 to Paragraph (b)(2)(i) —Maximum Allowable ERP and Antenna Height for TV Stations in Zones II or III on Channels 7-13 Antenna HAAT (meters) ERP (kW) 610 30 580 34 550 40 520 47 490 54 460 64 425 76 395 92 365 110 335 132 305 160 ( ii ) For TV stations located in Zone I that operate on channels 7-13 with an HAAT that exceeds 305 meters, the allowable maximum ERP expressed in decibels above 1 kW (dBk) is determined using the following formula, with HAAT expressed in meters: ERP max = 97.35−33.24 * log 10 (HAAT) ( iii ) For TV stations located in Zone II or III that operate on channels 7-13 with an HAAT that exceeds 610 meters, the allowable maximum ERP expressed in decibels above 1 kW (dBk) is determined using the following formula, with HAAT expressed in meters: ERP max = 62.34−17.08 * log 10 (HAAT) ( 3 ) A TV station that operates on a channel 14-36 allotment will be allowed a maximum ERP of 1000 kW if its antenna HAAT is at or below 365 meters. ( i ) At higher HAAT levels, such TV stations will be allowed to operates with lower maximum ERP levels in accordance with the following table and formulas (the allowable maximum ERP for intermediate values of HAAT is determined using linear interpolation based on the units employed in the table): Table 3 to Paragraph (b)(3)(i) —Maximum Allowable ERP and Antenna Height for TV Stations on Channels 14-36, All Zones Antenna HAAT (meters) ERP (kW) 610 316 580 350 550 400 520 460 490 540 460 630 425 750 395 900 365 1000 ( ii ) For TV stations located in Zone I, II or III that operate on channels 14-36 with an HAAT that exceeds 610 meters, the allowable maximum ERP expressed in decibels above 1 kW (dBk) is determined using the following formula, with HAAT expressed in meters: ERP max = 72.57−17.08 * log 10 (HAAT) Where: ERP max = Maximum Effective Radiated Power measured in decibels above 1 kW (dBk). HAAT = Height Above Average Terrain measured in meters. ( 4 ) - ( 5 ) [Reserved] ( 6 ) The effective radiated power in any horizontal or vertical direction may not exceed the maximum values permitted by this section, except that licensees and permittees may request an increase in either ERP in some azimuthal direction or antenna HAAT, or both, up to the maximum permissible limits on TV power set forth in paragraph (b)(1) , (2) , or (3) of this section, as appropriate, up to that needed to provide the same geographic coverage area as the largest station within their market. Such requests must be accompanied by a technical showing that the increase complies with the technical criteria in § 73.620 , and thereby will not result in new interference exceeding the de minimis standard set forth in that section, or statements agreeing to the change from any co-channel or adjacent channel stations that might be affected by potential new interference, in accordance with § 73.620(e) . For the purposes of this paragraph: ( i ) The maximum ERP value shall not exceed the maximum permitted at any height within the relevant zone consistent with the values permitted in paragraph (b)(1) , (2) , or (3) of this section. The associated maximum height for that given ERP may be exceeded. ( ii ) Stations in the same Nielsen DMA are considered to be in the same market. ( iii ) “Geographic coverage area” is defined as the number of square kilometers found within a station's F(50,90) contour as calculated in § 73.619 . A station taking advantage of this provision need not specify coverage that is congruent with or encompassed by the largest station in the market. ( c ) Determination of applicable rules. The zone in which the transmitter of a television station is located or proposed to be located determines the applicable rules with respect to maximum antenna heights and powers for VHF stations when the transmitter is located in Zone I and the channel to be employed is located in Zone II, or the transmitter is located in Zone II and the channel to be employed is located in Zone I. [ 28 FR 13660 , Dec. 14, 1963, as amended at 42 FR 20823 , Apr. 22, 1977; 42 FR 48881 , Sept. 26, 1977; 47 FR 35990 , Aug. 18, 1982; 50 FR 23698 , June 5, 1985; 56 FR 49707 , Oct. 1, 1991; 58 FR 51250 , Oct. 1, 1993; 86 FR 66195 , Nov. 22, 2021; 89 FR 7244 , Feb. 1, 2024] § 73.616 References to TV station interference protection methodology. ( a ) - ( c ) [Reserved] ( d ) Calculation of interference ( 1 ) For evaluating compliance with the requirements of this paragraph, interference to populations served is to be predicted based on the most recent official decennial U.S. Census population data as identified by the Media Bureau in a Public Notice issued not less than 60 days prior to use of the data for a specific year in application processing and otherwise according to the procedure set forth in OET Bulletin No. 69: “Longley-Rice Methodology for Evaluating TV Coverage and Interference” (February 6, 2004) (incorporated by reference, see § 73.8000 ), including population served within service areas determined in accordance with § 73.619 , consideration of whether F(50,10) undesired signals will exceed the following desired-to-undesired (D/U) signal ratios, assumed use of a directional receiving antenna, and use of the terrain dependent Longley-Rice point-to-point propagation model. Applicants may request the use of a cell size other than the default of 2.0 km per side, but only requests for cell sizes of 1.0 km per side or 0.5 km per side will be considered. The threshold levels at which interference is considered to occur are: ( i ) For co-channel stations, the D/U ratio is + 15 dB. This value is only valid at locations where the signal-to-noise ratio is 28 dB or greater. At the edge of the noise-limited service area, where the signal-to-noise (S/N) ratio is 16 dB, this value is + 23 dB. At locations where the S/N ratio is greater than 16 dB but less than 28 dB, D/U values are computed from the following formula: D/U = 15 + 10log 10 [1.0/(1.0−10 −x/10 )] Where x = S/N-15.19 (minimum signal to noise ratio) ( ii ) For interference from a lower first-adjacent channel, the D/U ratio is −28 dB. ( iii ) For interference from an upper first-adjacent channel, the D/U ratio is −26 dB. ( 2 ) [Reserved] ( e ) - ( g ) [Reserved] [ 73 FR 5682 , Jan. 30, 2008, as amended at 83 FR 5021 , Feb. 2, 2018; 83 FR 5544 , Feb. 8, 2018; 86 FR 66195 , Nov. 22, 2021; 89 FR 7245 , Feb. 1, 2024] § 73.617 Interference protection of other services. ( a ) Protection of land mobile operations on channels 14-20. The Commission will not accept petitions to amend the Table of TV Allotments, applications for new TV stations, or applications to change the channel or location of authorized TV stations that would use channels 14-20 where the distance between the TV reference coordinates as defined in § 73.622(d) , would be located less than 250 km from the city center of a co-channel land mobile operation or 176 km from the city center of an adjacent channel land mobile operation. Such filings that do not meet the minimum TV-to-land mobile spacing standards will, however, be considered where all affected land mobile licensees consent to the requested action. Land mobile operations are authorized on these channels in the following markets: Table 1 to Paragraph ( a )—Land Mobile Operations To Be Protected City Channels Latitude Longitude Boston, MA 14, 16 42°21′24.4″ 71°03′23.2″ Chicago, IL 14, 15 41°52′28.1″ 87°38′22.2″ Cleveland, OH 14, 15 41°29′51.2″ 81°49′49.5″ Dallas, TX 16 32°47′09.5″ 96°47′38.0″ Detroit, MI 15, 16 42°19′48.1″ 83°02′56.7″ Houston, TX 17 29°45′26.8″ 95°21′37.8″ Los Angeles, CA 14, 16, 20 34°03′15.0″ 118°14′31.3″ Miami, FL 14 25°46′38.4″ 80°11′31.2″ New York, NY 14, 15, 16 40°45′06.4″ 73°59′37.5″ Philadelphia, PA 19, 20 39°56′58.4″ 75°09′19.6″ Pittsburgh, PA 14, 18 40°26′19.2″ 79°59′59.2″ San Francisco, CA 16, 17 37°46′38.7″ 122°24′43.9″ Washington, DC 17, 18 38°53′51.4″ 77°00′31.9″ Note 1 to paragraph (a). The Chief, Public Safety and Homeland Security Bureau, waived the rules to allow channel 15 to be used for land mobile operation in Los Angeles County, CA (DA 08-2823; adopted December 30, 2008). Notwithstanding the channels listed in paragraph (a) of this section, the waiver requires television stations to protect this land mobile operation. ( b ) Protection of land mobile operations below channel 14. ( 1 ) TV broadcast stations operating on Channel 14 must take special precautions to avoid interference to adjacent spectrum land mobile radio service facilities. Where a TV station is authorized and operating prior to the authorization and operation of the land mobile facility, a Channel 14 station must attenuate its emissions within the frequency range 467 to 470 MHz if necessary to permit reasonable use of the adjacent frequencies by land mobile licensees. ( 2 ) The requirements listed below apply to permittees authorized to construct a new station on TV Channel 14, and to licensees authorized to change the channel of an existing station to Channel 14, to increase effective radiated power (ERP) (including any change in directional antenna characteristics that results in an increase in ERP in any direction), or to change the transmitting location of an existing station. ( i ) For the purposes of this paragraph (b) , a protected land mobile facility is a receiver that is intended to receive transmissions from licensed land mobile stations within the frequency band below 470 MHz, and is associated with one or more land mobile stations for which a license has been issued by the Commission, or a proper application has been received by the Commission prior to the date of the filing of the TV construction permit application. However, a land mobile facility will not be protected if it is proposed in an application that is denied or dismissed and that action is no longer subject to Commission review. Further, if the land mobile station is not operating when the TV facility commences operation and it does not commence operation within the time permitted by its authorization in accordance with part 90 of this chapter , it will not be protected. ( ii ) A TV permittee must take steps before construction to identify potential interference to normal land mobile operation that could be caused by TV emissions outside the authorized channel, land mobile receiver desensitization or intermodulation. It must install filters and take other precautions as necessary, and submit evidence that no interference is being caused before it will be permitted to transmit programming on the new facilities pursuant to the provisions of § 73.1615 or § 73.1620 . A TV permittee must reduce its emissions within the land mobile channel of a protected land mobile facility that is receiving interference caused by the TV emission producing a vertically polarized signal and a field strength in excess of 17 dBu at the land mobile receiver site on the land mobile frequency. The TV emission should be measured with equipment set to a 30 kHz measurement bandwidth including the entire applicable land mobile channel. A TV permittee must correct a desensitization problem if its occurrence can be directly linked to the start of the TV operation and the land mobile station is using facilities with typical desensitization rejection characteristics. A TV permittee must identify the source of an intermodulation product that is generated when the TV operation commences. If the intermodulation source is under its control, the TV permittee must correct the problem. If the intermodulation source is beyond the TV permittee's control, it must cooperate in the resolution of the problem and should provide whatever technical assistance it can. ( c ) Channel 6 protection of FM radio stations. Parties requesting new allotments on channel 6 be added to the Table of TV Allotments must submit an engineering study demonstrating that no interference would be caused to existing FM radio stations on FM channels 200-220. ( d ) Blanketing interference. Present information is not sufficiently complete to establish blanketing interference areas for television broadcast stations. Blanketing interference is interference in an area adjacent to a transmitter in which the reception of other stations is subject to interference due to the strong signal from this station. The authorization of station construction in areas where blanketing interference is found to be excessive will be on the basis that the applicant will assume full responsibility for the adjustment of reasonable complaints arising from excessively strong signals of the applicant's station or take other corrective action. ( e ) Medical telemetry device notification condition. Stations should be aware that a condition is placed on all TV broadcast station authorizations that result in a change in coverage area, including all authorizations for new stations, which requires TV broadcasters to identify and notify hospital and other health care facilities within the station's coverage area to avoid interference to medical telemetry devices. [ 89 FR 7245 , Feb. 1, 2024] § 73.618 Antenna location and principal community coverage. ( a ) The TV antenna location shall be chosen so that, on the basis of the effective radiated power (ERP) and antenna height above average terrain (HAAT) employed, the following minimum F(50,90) field strength in dB above one uV/m will be provided over the entire principal community to be served: Table 1 to Paragraph ( a )—Minimum Field Strength Required Over Principal Community dBu Channels 2-6 35 Channels 7-13 43 Channels 14-36 48 ( b ) The location of the antenna must be so chosen that there is not a major obstruction in the path over the principal community to be served. ( c ) For the purposes of this section, coverage is to be determined in accordance with § 73.619(b) . Under actual conditions, the true coverage may vary from these estimates because the terrain over any specific path is expected to be different from the average terrain on which the field strength charts were based. Further, the actual extent of service will usually be less than indicated by these estimates due to interference from other stations. Because of these factors, the predicted field strength contours give no assurance of service to any specific percentage of receiver locations within the distances indicated. [ 89 FR 7246 , Feb. 1, 2024] § 73.619 Contours and service areas. ( a ) Purposes of the field strength contours. The field strength contours will be considered for the following purposes only: ( 1 ) In the estimation of coverage resulting from the selection of a particular transmitting antenna site by an applicant for a TV station. ( 2 ) In connection with problems of coverage arising out of application of § 73.3555 . ( 3 ) In determining compliance with § 73.618(a) concerning the minimum field strength to be provided over the principal community to be served. ( b ) Determining coverage. ( 1 ) In predicting the distance to the field strength contours, the F (50,50) field strength charts (Figures 9, 10 and 10b of § 73.699 ) and the F (50,10) field strength charts (Figures 9a, 10a and 10c of § 73.699 ) shall be used. To use the charts to predict the distance to a given F (50,90) contour, the following procedure is used: Convert the effective radiated power in kilowatts for the appropriate azimuth into decibel value referenced to 1 kW (dBk). Subtract the power value in dBk from the contour value in dBu. Note that for power less than 1 kW, the difference value will be greater than the contour value because the power in dBk is negative. Locate the difference value obtained on the vertical scale at the left edge of the appropriate F (50,50) chart for the TV station's channel. Follow the horizontal line for that value into the chart to the point of intersection with the vertical line above the height of the antenna above average terrain for the appropriate azimuth located on the scale at the bottom of the chart. If the point of intersection does not fall exactly on a distance curve, interpolate between the distance curves below and above the intersection point. The distance values for the curves are located along the right edge of the chart. Using the appropriate F (50,10) chart for the DTV station's channel, locate the point where the distance coincides with the vertical line above the height of the antenna above average terrain for the appropriate azimuth located on the scale at the bottom of the chart. Follow a horizontal line from that point to the left edge of the chart to determine the F (50,10) difference value. Add the power value in dBk to this difference value to determine the F (50,10) contour value in dBu. Subtract the F (50,50) contour value in dBu from this F (50,10) contour value in dBu. Subtract this difference from the F (50,50) contour value in dBu to determine the F (50,90) contour value in dBu at the pertinent distance along the pertinent radial. ( 2 ) ( i ) The effective radiated power to be used is that radiated at the vertical angle corresponding to the depression angle between the transmitting antenna center of radiation and the radio horizon as determined individually for each azimuthal direction concerned. The depression angle is based on the difference in elevation of the antenna center of radiation above the average terrain and the radio horizon, assuming a smooth spherical earth with a radius of 8,495.5 kilometers (5,280 miles) and shall be determined by the following equation: Equation 1 to Paragraph (b)(2)(i) A = 0.0277 × √H Where: A is the depression angle in degrees. H is the height in meters of the transmitting antenna radiation center above average terrain of the 3.2-16.1 kilometers (2-10 miles) sector of the pertinent radial. ( ii ) This equation is empirically derived for the limited purpose specified here of determining distance to filed strength contours for coverage. Its use for any other purpose may be inappropriate. ( 3 ) Applicants for new TV stations or changes in the facilities of existing TV stations must submit to the FCC a showing as to the location of their stations' or proposed stations' contour. This showing is to include a map showing this contour, except where applicants have previously submitted material to the FCC containing such information and it is found upon careful examination that the contour locations indicated therein would not change, on any radial, when the locations are determined under this section. In the latter cases, a statement by a qualified engineer to this effect will satisfy this requirement and no contour maps need be submitted. ( 4 ) The antenna height to be used with these charts is the height of the radiation center of the antenna above the average terrain along the radial in question. In determining the average elevation of the terrain, the elevations between 3.2-16.1 kilometers (2-10 miles) from the antenna site are employed. Path profiles shall be determined for 8 radials beginning at the antenna site and extending 16.1 kilometers (10 miles) therefrom. The radials should be determined for each 45 degrees of azimuth starting with True North. 10 points per kilometer of elevation (uniformly spaced) should be used for each radial. It is not necessary to take the curvature of the earth into consideration in this procedure, as this factor is taken care of in the charts showing signal strengths. The average elevation of the 12.9 kilometer (8 miles) distance between 3.2-16.1 kilometers (2-10 miles) from the antenna site should then be determined from the path profile for each radial. In directions where the terrain is such that negative antenna heights or heights below 30.5 meters (100 feet) for the 3.2 to 16.1 kilometers (2 to 10 mile) sector are obtained, an assumed height of 30.5 meters (100 feet) shall be used for the prediction of coverage. Actual calculated values should be used for computation of height above average terrain. ( 5 ) In the preparation of the path profiles previously described, and in determining the location and height above sea level of the antenna site, the elevation or contour intervals shall be taken from a high quality bald earth terrain map or dataset such as the United States Geological Survey Topographic Quadrangle Maps or the National Elevation Dataset. If a dataset is used, the data must be processed for intermediate points along each radial using linear interpolation techniques. ( 6 ) It is anticipated that many of these calculations may be done using computer software and with computerized datasets. If software or datasets besides those officially adopted by the FCC are utilized, the alternate software or data must be identified. ( c ) TV Service Areas. ( 1 ) The service area of a TV station is the geographic area within the station's noise-limited F(50,90) contour where its signal strength is predicted to exceed the noise-limited service level. The noise-limited contour is the area in which the predicted F(50,90) field strength of the station's signal, in dB above 1 microvolt per meter (dBu) as determined using the method in § 73.619(b) exceeds the following levels (these are the levels at which reception of TV service is limited by noise): Table 1 to Paragraph ( c )(1)—Noise Limited Service Levels dBu Channels 2-6 28 Channels 7-13 36 Channels 14-36 41 ( 2 ) Within this contour, service is considered available at locations where the station's signal strength, as predicted using the terrain dependent Longley-Rice point-to-point propagation model, exceeds the levels in table 1 to paragraph (c)(1). Guidance for evaluating coverage areas using the Longley-Rice methodology is provided in OET Bulletin No. 69. For availability of OET Bulletin No. 69 (which is incorporated by reference elsewhere in this part), contact FCC (see § 73.8000 for contact information). ( d ) Protected facilities of an allotment. The protected facilities of a TV allotment shall be the facilities (effective radiated power, antenna height and antenna directional radiation pattern, if any) authorized by a construction permit or license, or, where such an authorization is not available for establishing reference facilities, the facilities designated in the FCC order creating or modifying the Table of TV Allotments. [ 89 FR 7246 , Feb. 1, 2024] § 73.620 Interference calculation and protection of TV broadcast services. ( a ) Due to the frequency spacing that exists between Channels 4 and 5, between Channels 6 and 7, and between Channels 13 and 14, the minimum adjacent channel technical criteria specified in this section shall not be applicable to these pairs of channels (see § 73.603(a) ). ( b ) Interference is to be predicted based on the procedures found in § 73.616(d)(1) . ( c ) An application will not be accepted if it is predicted to cause interference to more than an additional 0.5 percent of the population served by another TV station. For this purpose, the population served by the station receiving additional interference does not include portions of the population within the noise-limited service contour of that station that are predicted to receive interference from the TV allotment facilities of the applicant or portions of that population receiving masking interference from any other station. ( d ) A petition to add a new channel to the TV Table or any application to modify an existing TV station or allotment will not be accepted if it is predicted to cause more than 0.5 percent new interference, consistent with paragraphs (a) and (b) of this section, to a Class A TV station authorized pursuant to subpart J of this part , within the protected contour defined in § 73.6010 . ( e ) Negotiated agreements on interference. TV stations may operate with increased effective radiated power (ERP) and/or antenna height above average terrain (HAAT) that would result in more than 0.5 percent additional interference to another TV station if that station agrees, in writing, to accept the additional interference. Such agreements must be submitted with the application for authority to construct or modify the affected TV station. Negotiated agreements under this paragraph can include the exchange of money or other considerations from one station to another, including payments to and from noncommercial television stations assigned to reserved channels. Applications submitted pursuant to the provisions of this paragraph will be granted only if the Commission finds that such action is consistent with the public interest. ( f ) The interference protection requirements contained in this section apply to television station operations under both the TV transmission standard in § 73.682(d) and the Next Gen TV transmission standard in § 73.682(f) . [ 89 FR 7247 , Feb. 1, 2024] § 73.621 Noncommercial educational TV stations. In addition to the other provisions of this subpart, the following shall be applicable to noncommercial educational television broadcast stations: ( a ) Except as provided in paragraph (b) of this section, noncommercial educational broadcast stations will be licensed only to nonprofit educational organizations upon a showing that the proposed stations will be used primarily to serve the educational needs of the community; for the advancement of educational programs; and to furnish a nonprofit and noncommercial television broadcast service. ( 1 ) In determining the eligibility of publicly supported educational organizations, the accreditation of their respective state departments of education shall be taken into consideration. ( 2 ) In determining the eligibility of privately controlled educational organizations, the accreditation of state departments of education or recognized regional and national educational accrediting organizations shall be taken into consideration. ( b ) Where a municipality or other political subdivision has no independently constituted educational organization such as, for example, a board of education having autonomy with respect to carrying out the municipality's educational program, such municipality shall be eligible for a noncommercial educational television broadcast station. In such circumstances, a full and detailed showing must be made that a grant of the application will be consistent with the intent and purpose of the Commission's rules and regulations relating to such stations. ( c ) Noncommercial educational television broadcast stations may transmit educational, cultural and entertainment programs, and programs designed for use by schools and school systems in connection with regular school courses, as well as routine and administrative material pertaining thereto. ( d ) A noncommercial educational television station may broadcast programs produced by or at the expense of, or furnished by persons other than the licensee, if no other consideration than the furnishing of the program and the costs incidental to its production and broadcast are received by the licensee. The payment of line charges by another station, network, or someone other than the licensee of a noncommercial educational television station, or general contributions to the operating costs of a station, shall not be considered as being prohibited by this paragraph. ( e ) Each station shall furnish a nonprofit and noncommercial broadcast service. Noncommercial educational television stations shall be subject to the provisions of § 73.1212 to the extent that they are applicable to the broadcast of programs produced by, or at the expense of, or furnished by others. No promotional announcements on behalf of for profit entities shall be broadcast at any time in exchange for the receipt, in whole or in part, of consideration to the licensee, its principals, or employees. However, acknowledgements of contributions can be made. The scheduling of any announcements and acknowledgements may not interrupt regular programming, except as permitted under paragraph (f) of this section. Note to paragraph ( e ): Commission interpretation of this rule, including the acceptable form of acknowledgements, may be found in the Second Report and Order in Docket No. 21136 (Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations), 86 F.C.C. 2d 141 (1981); the Memorandum Opinion and Order in Docket No. 21136, 90 FCC 2d 895 (1982); the Memorandum Opinion and Order in Docket 21136, 49 FR 13534 , April 5, 1984; and the Report and Order in Docket No. 12-106 (Noncommercial Educational Station Fundraising for Third-Party Non-Profit Organizations), FCC 17-41, April 20, 2017. ( f ) A noncommercial educational television station may interrupt regular programming to conduct fundraising activities on behalf of a third-party non-profit organization, provided that all such fundraising activities conducted during any given year do not exceed one percent of the station's total annual airtime. A station may use the prior year's total airtime for purposes of determining how many hours constitute one percent of its total annual airtime. With respect to stations that multicast programming on two or more separate channels, the one-percent annual limit will apply separately to each individual programming stream. For purposes of this paragraph, a non-profit organization is an entity that qualifies as a non-profit organization under 26 U.S.C. 501(c)(3) . ( 1 ) Audience disclosure. A noncommercial educational television station that interrupts regular programming to conduct fundraising activities on behalf of a third-party non-profit organization must air a disclosure during such activities clearly stating that the fundraiser is not for the benefit of the station itself and identifying the entity for which it is fundraising. The station must air the audience disclosure at the beginning and the end of each fundraising program and at least once during each hour in which the program is on the air. ( 2 ) Reimbursement. A noncommercial educational television station that interrupts regular programming to conduct fundraising activities on behalf of a third-party non-profit organization may accept reimbursement of expenses incurred in conducting third-party fundraising activities or airing third-party fundraising programs. ( 3 ) Exemption. No noncommercial educational television station that receives funding from the Corporation for Public Broadcasting shall have the authority to interrupt regular programming to conduct fundraising activities on behalf of a third-party non-profit organization. ( g ) - ( h ) [Reserved] ( i ) Mutually exclusive applications for noncommercial educational TV stations operating on reserved channels shall be resolved pursuant to the point system in subpart K. ( j ) The requirements of this section apply to the entire digital bitstream of noncommercial educational television stations, including the provision of ancillary or supplementary services. [ 28 FR 13660 , Dec. 14, 1963, as amended at 35 FR 7558 , May 15, 1970; 47 FR 36179 , Aug. 19, 1982; 48 FR 27068 , June 13, 1983; 49 FR 29069 , July 18, 1984; 50 FR 4664 , Feb. 1, 1985; 50 FR 4684 , Feb. 1, 1985; 61 FR 36304 , July 10, 1996; 65 FR 36378 , June 8, 2000; 66 FR 58982 , Nov. 26, 2001; 82 FR 21135 , May 5, 2017; 89 FR 7248 , Feb. 1, 2024] § 73.622 Digital television table of allotments. ( a ) General. The following table of TV allotments contains the television channel allotments designated for the listed communities in the United States, its Territories, and possessions. Requests for addition of new TV allotments, or requests to change the channels allotted to a community, must be made in a petition for rule making to amend the Table of TV Allotments. A request to amend the Table of TV Allotments to add an allotment or change the channel of an allotment in the Table will be evaluated for technical acceptability using engineering criteria set forth in §§ 73.617 , 73.618 , and 73.620 . A request to amend the TV table to add a new allotment will be evaluated for technical acceptability using the geographic spacing criteria set forth in § 73.622(k) and the engineering criteria set forth in §§ 73.614 , 73.617 , 73.618 , and 73.620(a) and (d) . TV allotments designated with an asterisk are assigned for use by non-commercial educational broadcast stations only. Rules governing noncommercial educational TV stations are contained in § 73.621 . ( b ) - ( c ) [Reserved] ( d ) Reference points and distance computations. The reference coordinates of a TV allotment shall be the coordinates of the authorized facility. Where such a transmitter site is not available for use as reference coordinates, such as a new allotment, the coordinates shall be those designated in the FCC order modifying the Table of TV Allotments. ( e ) - ( i ) [Reserved] ( j ) Table of TV Allotments. Community Channel No. Alabama Anniston 9 Bessemer 14 Birmingham 7, *10, 20, 29, 30 Demopolis *19 Dothan 21, 36 Dozier *10 Florence 2, *22 Gadsden 26 Gulf Shores 27 Homewood 21 Hoover 33 Huntsville 15, 17, 18, 19, *24 Louisville *30 Mobile 9, 15, 18, 20, 23, *30 Montgomery 8, 22, *27, 28, 31 Mount Cheaha *12 Opelika 17 Ozark 33 Selma 25, 34 Troy 19 Tuscaloosa 6, 36 Tuskegee 18 Vernon *4 Alaska Anchorage 7, *8, 10, 12, 20, *26, 28, 33 Bethel *3 Fairbanks 7, *9, 18, 26 Juneau *10, 11 Ketchikan 13 North Pole 20 Sitka 7 Arizona Douglas 36 Flagstaff 13, 22, 32 Green Valley 34 Holbrook *11 Kingman 19 Mesa 18 Phoenix *8, 10, 15, 17, 20, 24, 26, 27, 29, 33 Prescott 7 Sierra Vista 21 Tolleson 31 Tucson 9, 16, 19, 23, 25, *28, *30, 32 Yuma 13, 27 Arkansas Arkadelphia *13 Camden 18 El Dorado *10, 27 Eureka Springs 25 Fayetteville *9, 15 Fort Smith 18, 21, 27 Harrison 31 Hot Springs 16 Jonesboro 18, *20, 27 Little Rock *7, 12, 22, 28, 30, 32, *36 Mountain View *13 Pine Bluff 24, 34 Rogers 33 Springdale 29 California Anaheim 12 Arcata 22 Avalon S Bakersfield 10, 25, 26, 33 Bishop 20 Calipatria 36 Ceres *15 Chico 20, 36 Clovis 27 Colusa *2 Concord S Corona 25 Cotati *5 El Centro 9, 22 Eureka 3, *11, 17, 28 Fort Bragg * 4, 8 Fremont S Fresno 7, 20, 30, *32, 34 Garden Grove S Hanford 21 Huntington Beach *S Inglewood S Long Beach 18 Los Angeles 4, 7, 9, 11, 13, *28, 31, 34, 35, 36, *S Merced 11 Modesto 18 Monterey 32, S Oakland 31 Ontario 29 Palm Springs 26, 28 Palo Alto S Paradise 30 Porterville 23 Rancho Palos Verdes 30 Redding *9, 15 Riverside S Sacramento *9, 10, 21, 22, 24, 35 Salinas 8, 11 San Bernardino *5, 24 San Diego 8, 10, 17, 18, *19, 26 San Francisco 7, 12, 20, 28, 29, *30, 32, S, S, *S San Jose 13, 19, 33, 36, *S San Luis Obispo 15, 34 San Mateo *27 Sanger 36 Santa Ana 33 Santa Barbara 21, 27 Santa Maria 19 Stockton 23, 25, 26 Tulare *3 Twentynine Palms 23 Vallejo 34 Ventura S Visalia *22, 28 Watsonville *25 Colorado Boulder 32 Broomfield *13 Castle Rock 15 Colorado Springs 22, 24, 26 Denver 7, 9, 18, *20, 28, 31, *33, 34, 35, 36 Durango 15, *20, 33 Fort Collins 21 Glenwood Springs 23 Grand Junction 2, 7, 12, 15, *18 Greeley 17 Longmont 29 Montrose 13 Pueblo *8, 25, 27 Steamboat Springs 10 Sterling 23 Connecticut Bridgeport S Hartford *30, 34, 36, S New Britain 31 New Haven 10, S, *S New London 28 Norwich *9 Stamford *21 Waterbury 33 Delaware Dover 5 Seaford *24 Wilmington 2, *13, 34 District of Columbia Washington 7, 9, *31, *33, 34, 36, S, S Florida Boca Raton *25 Boynton Beach *S Bradenton 29 Cape Coral 34 Clearwater 21 Clermont 23 Cocoa *30, 32 Daytona Beach 11, 15 Destin 29 Fort Lauderdale 30 Fort Myers 15, *22, 31 Fort Pierce *18, 20 Fort Walton Beach 14, 21, 25 Gainesville 8, 16, *36 High Springs 29 Hollywood 24 Jacksonville *9, 14, 18, 19, 20, *21, 33 Key West 3, 8 Lake Worth 36 Lakeland 18 Leesburg 7, *S Live Oak 17 Marianna 26 Melbourne 14, 22 Miami 9, 10, 21, 22, 23, *26, 27, 28, *29, 31, 32 Naples 28, 32 New Smyrna Beach *24 Ocala 31 Orange Park 10 Orlando 26, 27, 28, 33, *34, 35 Palm Beach 7 Panama City 9, 13, 16, *28 Panama City Beach 33 Pensacola 17, *24, 34, 35 Sarasota 24 St. Petersburg 10, 19, S Stuart 34 Tallahassee 22, 24, 27, *32 Tampa 9, 12, *13, 17, 20, *S Tequesta 16 Tice 33 Venice 25 West Palm Beach 12, 13, 35 Georgia Albany 10, 29 Athens *7, 18 Atlanta 10, 19, *21, 25, 27, 31, 32, *34, 36 Augusta 27, 28, 36 Bainbridge 19 Baxley 35 Brunswick 24 Chatsworth *4 Cochran *9 Columbus *5, 11, 15, 24, 35 Cordele 34 Dalton 28 Dawson *7 Macon 13, 26, 30, 33 Monroe 22 Pelham *6 Perry 23 Rome 16 Savannah *8, 16, 22, 23 Thomasville 20 Toccoa 24 Valdosta 31 Waycross *7 Wrens *6 Hawaii Hilo 9, 11, 13, 22, 23 Honolulu 8, *11, *18, 19, 20, 22, 23, *26, 27, 31, 33, 35 Kailua 29 Kailua-Kona 25 Kaneohe 32 Wailuku 7, *10, 12, 16, 21, 24 Waimanalo 15 Idaho Boise 7, 15, 20, *21 Caldwell 10 Coeur d'Alene *18 Filer *18 Idaho Falls 18, 20, 36 Lewiston 32 Moscow *12 Nampa 13, 24 Pocatello *17, 23, 31 Sun Valley 5 Twin Falls 11, *22, 34 Illinois Aurora S Bloomington 28 Carbondale *8 Champaign 32, 34 Charleston *30 Chicago 12, 19, 22, 23, 24, *25, 33, 34, S Decatur 20, 22 East St. Louis 28 Freeport 9 Galesburg 8 Harrisburg 34 Jacksonville *18 Joliet 35 Macomb *36 Marion 30 Moline *23, 31 Mount Vernon 13 Naperville S Olney *23 Oswego 10 Peoria 24, 25, 26, *35 Quincy 22, 32, *34 Rock Island 4 Rockford 13, 16, 36 Springfield 11, 15, 16 Urbana *9, 36 Indiana Angola 12 Bloomington 27, 28, *33, S Elkhart 30 Evansville *9, 12, 22, 26, 28 Fort Wayne *18, 20, 24, 32, 34 Gary *17, S Hammond 21 Indianapolis 7, 9, 13, *21, 22, *23, 25 Kokomo 15 Lafayette 11 Marion S Muncie 19 Richmond S Salem 16 South Bend 27, 29, *31, 36 Terre Haute 10, 18, 35 Vincennes *31 Iowa Ames 5, *21, 23 Burlington 21 Cedar Rapids 22, 27, 29, 32 Council Bluffs *33 Davenport 17, 30, *34 Des Moines 8, 13, 16, 19, *34 Dubuque 14 Fort Dodge *25 Iowa City *12, 25 Mason City *18, 24 Newton 36 Ottumwa 15 Red Oak *35 Sioux City 9, 14, *28, 30, 32 Waterloo 7, *35 Kansas Colby 17, *19 Derby 31 Dodge City *21 Ensign 6 Garden City 11, 13 Goodland 10 Great Bend 22 Hays 7, *16 Hoisington 14 Hutchinson *8, 19, 35 Lakin *8 Lawrence 25 Pittsburg 7, 13 Salina 17 Topeka *11, 12, 13, 16, 27 Wichita 10, 15, 26, 28 Kentucky Ashland 13, *36 Beattyville 7 Bowling Green 13, *18, 24, *29 Covington *22 Danville 19 Elizabethtown *23 Harlan S Hazard 20, *33 Lexington 21, 27, 28, *35 Louisville 8, 11, 14, *30, 32, *34, 36 Madisonville *31 Morehead *30 Murray *17 Newport 15 Owensboro 17 Owenton *24 Paducah 19, *23, 25 Pikeville *23 Richmond 25 Somerset *17 Louisiana Alexandria 26, 31, *33, 35 Baton Rouge 9, 13, 24, *25, 34 Columbia 11 Hammond 35 Lafayette 10, 16, *23, 28 Lake Charles 7, 18, *20 Minden 32 Monroe *13, 24 New Iberia 17 New Orleans 15, 19, 21, *23, 26, 27, *28, 29, 33 Shreveport 16, *17, 23, 28, 34 Slidell 17 West Monroe 19, 22 Maine Augusta *20 Bangor 2, 7, 13 Biddeford *36 Calais *10 Lewiston 24 Orono *22 Poland Spring 8 Portland 15, 31, 34 Presque Isle 8, *10 Waterville 17 Maryland Annapolis *21 Baltimore 11, 12, *22, 25, 26, 27, S Frederick *28 Hagerstown 23, *29 Oakland *26 Salisbury *16, 29, 32 Silver Spring S Massachusetts Boston *5, 20, 21, 22, *32, 33, 34, 35 Cambridge S Foxborough S Lowell *S Marlborough 27 New Bedford 24, S Norwell 36 Pittsfield 7 Springfield 11, *13, 26 Woburn S Worcester 19 Michigan Alpena 11, *24 Ann Arbor 24 Bad Axe *15 Battle Creek 17, 21 Bay City 23, 30 Cadillac 9, 32, *34 Calumet 5 Cheboygan 16 Detroit 7, *20, 21, 25, 31, 32, 34 East Lansing *33 Escanaba 32 Flint 12, 16 Grand Rapids 7, *11, 13, 19 Ishpeming 10 Kalamazoo *5, 8, 22 Lansing 14, 28, S Manistee *20 Marquette *8, 19, 35 Mount Clemens 27 Mount Pleasant *26 Muskegon 24 Onondaga 10 Saginaw 18, 36 Sault Ste. Marie 8, 10 Traverse City 29, 35 Vanderbilt 21 Minnesota Alexandria 7, 24 Appleton *10 Austin *20, 36 Bemidji *9, 26 Brainerd *28 Chisholm 11 Crookston *16 Duluth *8, 10, 18, 27, 33 Hibbing 13, *31 Mankato 12 Minneapolis 9, 22, 29, 30, 31, 32 Redwood Falls 27 Rochester 10, 26 St. Cloud 16 St. Paul *23, *34, 35 Thief River Falls 10 Walker 12 Worthington *15 Mississippi Biloxi *16, 32 Booneville *9 Bude *18 Columbus 27 Greenville 15 Greenwood *25, 32 Gulfport 25 Hattiesburg 22 Holly Springs 26 Jackson 12, 14, *20, 21, 23, 30 Laurel 7 Magee 34 Meridian 13, 24, *28, 31 Mississippi State *8 Natchez 15 Oxford *36 Senatobia *S Tupelo 11, 17 Vicksburg 36 West Point 16 Missouri Cape Girardeau 32, 36 Columbia 17, 27 Hannibal 22 Jefferson City 20, 29 Joplin 17, 23, *35 Kansas City *18, 24, 29, 30, 31, 32, 34, 36 Kirksville 33 Osage Beach 22 Poplar Bluff 15 Sedalia 15 Springfield 10, *16, 19, 28 St. Joseph 7, 21 St. Louis 14, *23, 24, 26, 31, 33, 35 Montana Billings 11, *16, 18, 20 Bozeman * 8, 27 Butte 15, 19, 20, 24 Glendive 5 Great Falls 8, 17, * 21, 22, 26 Hardin 22 Havre 9 Helena 29, 31 Kalispell * 15, 17 Miles City 3 Missoula *11, 21, 23, 25 Nebraska Alliance *13 Bassett *7 Grand Island 11 Hastings 5, *28 Hayes Center 6 Kearney 18 Lexington *26 Lincoln 8, 10, 15, *27 McCook 12 Merriman *12 Missoula *11, 20, 23, 25 Norfolk *19 North Platte 2, *9 Omaha *17, 20, 22, 26, 29, 31 Scottsbluff 29 Sidney 7 York 24 Nevada Elko 20 Ely 27 Henderson 24 Las Vegas 2, 7, *11, 16, 22, 26, 29 Laughlin 32 Paradise 20 Reno 8, 11, 12, *15, 20, 23, 26 Tonopah 9 Winnemucca 16 New Hampshire Concord 23 Derry S Durham *11 Keene *18 Littleton *23 Manchester 9 Merrimack 29 New Jersey Atlantic City 4 Camden *23 Jersey City S Linden 35 Middletown Township 3 Millville S Montclair *S Mount Laurel S New Brunswick *8 Newark 12, 26 Newton 18 Paterson S Princeton S Secaucus 25 Trenton *S Vineland S Wildwood 36 New Mexico Alamogordo *4 Albuquerque 7, 13, 16, *17, 22, 24, 26, *35, 36 Carlsbad 19, 25 Clovis 12 Farmington 12 Hobbs 29 Las Cruces *23, 26 Portales *32 Roswell 8, 10, 21, 27 Santa Fe *8, 10, 27, 29 Silver City 10, 12 New York Albany 8, 21, 24 Amsterdam 19 Batavia 24 Binghamton 7, 8, 27, *31 Buffalo 16, *31, 32, 33, 34, 36, S Carthage 8 Corning *25, 30 Elmira 23, 35 Garden City *32 Ithaca 13 Jamestown 5 New Rochelle S New York 7, 11, *24, 27, 34, 36, S Norwood *23 Plattsburgh 14, *36 Riverhead 29 Rochester 9, 10, 21, *22, 28 Saranac Lake 34 Schenectady 22, *25, 35 Smithtown 23 Springville 7 Syracuse 14, 15, 17, 18, 19, *20, 36 Utica 29, 30, 34 Watertown *26, 31 North Carolina Archer Lodge S Asheville 13, *20, S Belmont 25 Burlington 26 Chapel Hill *20 Charlotte *9, 18, 19, 23, 24 Concord *21 Durham 9, 14 Edenton *29 Fayetteville 22 Goldsboro 8 Greensboro 28, 35, S Greenville 12, 19, *25, 36 Hickory 14 High Point 31 Jacksonville 16, *28 Kannapolis 32 Lexington S Linville *36 Lumberton *30 Manteo 13 New Bern 10 Raleigh 15, 17, 18 Roanoke Rapids *27 Rocky Mount 32 Wake Forest S Washington 34 Wilmington *21, 23, 24, 29 Winston-Salem 16, 29, *33 North Dakota Bismarck 12, 17, *22, 26, 31 Devils Lake 8, *25 Dickinson 7, *9, 19 Ellendale *20 Fargo *13, 19, 21, 36 Grand Forks *15, 27 Jamestown 7 Minot 10, 13, 14, *15, 24 Pembina 12 Valley City 24 Williston 8, *11, 14 Ohio Akron 17, 22, *24 Alliance *29 Athens *32 Bowling Green *22 Cambridge *6 Canton S, S Chillicothe 23 Cincinnati 12, *17, 18, 20, 26 Cleveland 8, 15, 19, *35, 36 Columbus 14, *16, 21, 27, 28 Dayton 31, 33, 34, *35, 36 Lima 4, 8 London S Lorain S Mansfield 12 Oxford *29 Portsmouth 15 Sandusky 3 Shaker Heights 10 Springfield S Steubenville 9 Toledo 11, 13, 23, 26, *29, 35 Youngstown 31, 33, S Zanesville 30 Oklahoma Ada 17 Bartlesville 36 Cheyenne *8 Claremore *32 Eufaula *31 Lawton 11 Muskogee 20 Norman 16 Oklahoma City 7, *13, 15, 18, 19, 23, 24, 25, 27, 33 Okmulgee 28 Shawnee 29 Tulsa 8, *11, 12, 14, 16, 22, 26, 34 Woodward 35 Oregon Bend *11, 18, 21 Coos Bay 22, 34 Corvallis *7 Eugene 9, 17, 28, *29, 31 Grants Pass 30 Jacksonville *4 Klamath Falls 13, 29, *33 La Grande *13, 16 Medford 5, *8, 12, 16, 26 Pendleton 11 Portland *10, 21, 24, 25, 26, 32 Roseburg 18, 19, 36 Salem 22, 33 Pennsylvania Allentown S, *S Altoona 6, 24, 31 Bethlehem 9 Clearfield *15 Erie 12, 21, 26, *27, 28 Greensburg 28 Harrisburg 10, 32, *36 Hazleton 22 Jeannette 11 Johnstown 8, 35 Lancaster 8, S Philadelphia 6, 17, 28, 30, 31, 33, *S Pittsburgh *4, 16, 20, 21, 23, 25, 27 Red Lion S Scranton 12, 21, 33, 34, *S Wilkes-Barre 11 Williamsport 29 Willow Grove S York S Rhode Island Newport 17 Providence *2, 7, 12, 25 South Carolina Allendale *21 Anderson 35 Beaufort *32 Charleston 17, 19, 20, *24, 25, 34 Columbia 7, 10, 15, 22, 25, *33 Conway *28 Florence 13, *16, 26, 27 Greenville *8, 17, 29, 30 Greenwood *26 Hardeeville 26 Myrtle Beach 32, 36 Rock Hill 34, S Spartanburg 11, *S Sumter *29, 31 South Dakota Aberdeen 9, *17 Brookings *8 Eagle Butte *13 Florence 3 Huron 12 Lead 5, 10 Lowry *11 Martin *8 Mitchell 26 Pierre *10, 19 Rapid City 2, 7, 16, 21, *26 Reliance 13 Sioux Falls 7, 11, 13, 21, *24, 36 Vermillion *34 Tennessee Chattanooga 8, 9, 13, 14, *35 Cleveland 23 Cookeville *22 Crossville 31 Franklin 32 Greeneville 28 Hendersonville 33 Jackson 21, 35 Jellico 18 Johnson City 9 Kingsport 32 Knoxville 10, 15, 21, 26, *29, 34 Lebanon 25 Lexington *27 Memphis 13, 23, 25, 28, *29, 30, 31, 33 Murfreesboro 16 Nashville *7, 10, 20, 21, 27, 30, 36 Sneedville *24 Tazewell 36 Texas Abilene 15, 29, 30 Alvin 36 Amarillo *9, 10, 15, 19, 20 Arlington 25 Austin 7, 21, *22, 23, 33, 34 Baytown 31 Beaumont 12, 15, *29 Belton 17 Big Spring 33 Blanco 18 Borger 31 Bryan 24 College Station 16, 29 Conroe *12 Corpus Christi 8, 10, 19, *23, 26, 27 Dallas 8, *14, 21, 27, 32, 35, 36 Decatur 30 Del Rio 28 Denton *29 Eagle Pass 18 El Paso *13, 15, 16, 17, 18, 20, *21, 25 Farwell 18 Fort Worth 9, 18, 19, 24 Fredericksburg 8 Galveston 22, *23 Garland 33 Greenville 23 Harlingen 16, 18, *21 Houston *8, 11, 13, 19, 21, *24, 26, 34, 35 Irving 34 Jacksonville 22 Katy 25 Kerrville 32 Killeen 13 Lake Dallas 31 Laredo 8, 19 Llano 27 Longview 20, S Lubbock 16, *25, 27, 31, 35, 36 Lufkin 24 McAllen 17 Midland 18, 26 Nacogdoches 15 Odessa 9, 15, 23, *28, 30, 31 Port Arthur 27 Rio Grande 14 Rosenberg 30 San Angelo 11, 16, 19 San Antonio *9, 12, 15, *16, 24, 28, 29, 30 Sherman 12 Snyder 17 Sweetwater 20 Temple 9 Texarkana 26 Tyler 7 Uvalde 26 Victoria 11, 20 Waco 10, *20, 26, 28 Weslaco 13 Wichita Falls 15, 22, 28 Wolfforth 23 Utah Cedar City 14 Logan 12 Ogden 24, 35, *36 Price 11 Provo *17, 29, 32 Richfield *19 Salt Lake City 19, 20, 23, *27, 28, 30, 34 St. George *18, 21 Vernal 16 Vermont Burlington 7, 16, 20, *32 Montpelier S Rutland *10 St. Johnsbury *28 Windsor *S Virginia Arlington 15 Ashland 8 Bristol 35 Charlottesville 2, *26, 32 Culpeper *S Danville S Grundy 14 Hampton 35 Hampton-Norfolk *31 Harrisonburg 20 Lynchburg 7, 21 Manassas 35 New Market *S Norfolk 16, 32, 33 Petersburg 28 Portsmouth 19, 20 Richmond 10, *22, 23, 24, *29 Roanoke *13, 27, 30, 34, 36 Spotsylvania *S Staunton *15 Virginia Beach 7, 21 Waynesboro *12 Washington Bellevue 24, 33 Bellingham 14, 19 Centralia *19 Everett 31 Kennewick 27 Pasco 18 Pullman *10, 24 Richland *22, 26 Seattle *9, 16, 23, 25, 30, 36 Spokane *7, 13, 15, 20, 28, 34, 36 Tacoma 11, 13, 21, *27, *34 Vancouver 30 Walla Walla 9 Yakima 14, 16, *21, 33 West Virginia Bluefield 17, 25 Charleston 18, 24, 29 Clarksburg 12, 13 Grandview *8 Huntington *9, 10, 22 Lewisburg 11 Martinsburg 13 Morgantown *34 Oak Hill 31 Parkersburg 35 Weston 33 Wheeling 7 Wisconsin Antigo 19 Appleton 36 Chippewa Falls 21 Crandon 13 Eagle River 26, 28 Eau Claire 17, 25 Fond du Lac 5 Green Bay 14, 18, 22, 23, *25 Janesville 21 Kenosha 30 La Crosse 8, *15, 28, 33 Madison 11, 18, 19, *20, 26 Mayville 34 Menomonie *27 Milwaukee *8, 27, 28, 29, 31, 32, S, *S Park Falls *36 Racine S Rhinelander 16 Shawano 31 Superior 19 Suring 15 Wausau 7, 9, *24 Wyoming Casper *8, 12, 14, 17, 20 Cheyenne 11, 27, 30 Jackson 11 Lander 7, *8 Laramie *8 Rawlins 9 Riverton 10 Rock Springs 13 Sheridan 7, 13 Guam Hagåtña 8, 12 Tamuning 14 Puerto Rico Aguada 25 Aguadilla 12, 17 Arecibo 35 Bayamón S Caguas 11, *24 Carolina 30 Fajardo 13, *15, 16 Guayama 34 Humacao 23 Mayagüez 20, 29, 31, 32 Naranjito 18 Ponce 7, 9, 14, *19, 36, S San Juan 21, *26, 27, 28, S San Sebastián 33 Toa Baja *S Yauco S US Virgin Islands Charlotte Amalie 17, 21, *36 Christiansted 20, 23 ( k ) Minimum geographic spacing requirements for new TV allotments. No petition to add a new channel to the Table of TV Allotments will be accepted unless it shows compliance with the requirements of this paragraph. ( 1 ) Requests filed pursuant to this paragraph must demonstrate compliance with the principal community coverage requirements of § 73.618 . ( 2 ) Requests filed pursuant to this paragraph must meet the following requirements for geographic spacing with regard to all other TV stations and allotments: ( i ) For VHF channels 2-13 in Zone I, co-channel allotments must be separated by 244.6 km, and no adjacent-channel allotments are permitted between 20 km and 110 km. ( ii ) For UHF channels 14-36 in Zone I, co-channel allotments must be separated by 196.3 km, and no adjacent-channel allotments are permitted between 24 km and 110 km. ( iii ) For VHF channels 2-13 in Zones II and III, co-channel allotments must be separated by 273.6 km, and no adjacent-channel allotments are permitted between 23 km and 110 km. ( iv ) For UHF channels 14-36 in Zones II and III, co-channel allotments must be separated by 223.7 km, and no adjacent-channel allotments are permitted between 24 km and 110 km. ( 3 ) Zones are defined in § 73.609 . The minimum distance separation between a TV station in one zone and TV station in another zone shall be that of the zone requiring the lower separation. ( 4 ) Due to the frequency spacing that exists between Channels 4 and 5, between Channels 6 and 7, and between Channels 13 and 14, the minimum geographic spacing requirements specified in paragraph (k)(2) of this section shall not be applicable to these pairs of channels ( § 73.603(a) ). [ 62 FR 26712 , May 14, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 73.622 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.623 TV application processing. ( a ) General. Applications for new TV broadcast stations or for changes in authorized TV stations filed pursuant to this section will not be accepted for filing if they fail to comply with the requirements of this section and §§ 73.614 , 73.617 , 73.618 , and 73.620 . ( b ) Availability of channels. Applications may be filed to construct TV broadcast stations only on the channels designated in the Table of TV Allotments set forth in § 73.622(j) , and only in the communities listed therein. Applications that fail to comply with this requirement, whether or not accompanied by a petition to amend the TV Table, will not be accepted for filing. ( c ) through ( g ) [Reserved] ( h ) TV application processing priorities are as follows: ( 1 ) [Reserved] ( 2 ) TV applications for a construction permit or a modified construction permit: ( i ) Shall be afforded the interference protection set forth in § 73.620 : ( A ) through ( C ) [Reserved] ( D ) By later-filed TV applications; and ( E ) By later-filed rulemaking petitions to amend the Table of TV Allotments; ( ii ) Must demonstrate the requisite interference protection set forth in § 73.620 to: ( A ) TV licensed stations; ( B ) TV construction permits; ( C ) Earlier-filed TV applications; ( D ) Existing TV allotments; ( E ) Rulemaking petitions to amend the Table of TV Allotments for which a Notice of Proposed Rule Making has been released and the comment deadline specified therein has passed prior to the filing date of the TV application; ( F ) through ( J ) [Reserved] ( iii ) That do not provide the requisite interference protection set forth § 73.620 to the following applications and petitions will be deemed mutually exclusive with those applications and petitions: ( A ) Other TV applications filed the same day; ( B ) Rulemaking petitions to amend the Table of TV Allotments for which a Notice of Proposed Rule Making had been released and the comment deadline specified therein had not passed prior to the filing date of the TV application; and ( C ) Earlier-filed rulemaking petitions to amend the Table of TV Allotments for which a Notice of Proposed Rule Making had not been released. ( 3 ) TV applicants and TV rulemaking petitioners that are mutually exclusive pursuant to this section will be notified by Public Notice and provided with a 90-day period of time to resolve their mutual exclusivity via engineering amendment or settlement. Those applications and petitions that remain mutually exclusive upon conclusion of the 90-day settlement period will be dismissed. [ 89 FR 7248 , Feb. 1, 2024] § 73.624 Television broadcast stations. ( a ) Television broadcast stations are assigned channels 6 MHz wide. ( b ) Minimum programming requirements. The TV service that is provided pursuant to this paragraph (b) must have a resolution of at least 480i (vertical resolution of 480 lines, interlaced). ( 1 ) TV licensees or permittees that broadcast in ATSC 1.0 (using the transmission standard in 73.682(d)) shall transmit at least one free over the air video program signal at no direct charge to viewers. ( 2 ) [Reserved] ( 3 ) TV licensees or permittees that choose to broadcast an ATSC 3.0 signal (using the Next Gen TV transmission standard in § 73.682(f) ) shall transmit at least one free over the air video programming stream on that signal that requires at most the signal threshold of a comparable received TV signal. TV licensees or permittees that choose to broadcast an ATSC 3.0 signal (using the Next Gen TV transmission standard in § 73.682(f) ) shall also simulcast the primary video programming stream on its ATSC 3.0 signal by broadcasting an ATSC 1.0 signal (using the TV transmission standard in § 73.682(d) ) from another broadcast television facility within its local market in accordance with the local simulcasting requirement in § 73.3801 and § 73.6029 and § 74.782 of this chapter . ( c ) Provided that TV broadcast stations comply with paragraph (b) of this section, TV broadcast stations are permitted to offer services of any nature, consistent with the public interest, convenience, and necessity, on an ancillary or supplementary basis. The kinds of services that may be provided include, but are not limited to computer software distribution, data transmissions, teletext, interactive materials, aural messages, paging services, audio signals, subscription video, and any other services that do not derogate TV broadcast stations' obligations under paragraph (b) of this section. Such services may be provided on a broadcast, point-to-point or point-to-multipoint basis, provided, however, that any video broadcast signal provided at no direct charge to viewers shall not be considered ancillary or supplementary. ( 1 ) TV licensees that provide ancillary or supplementary services that are analogous to other services subject to regulation by the Commission must comply with the Commission regulations that apply to those services, provided, however, that no ancillary or supplementary service shall have any rights to carriage under §§ 614 or 615 of the Communications Act of 1934, as amended, or be deemed a multichannel video programming distributor for purposes of section 628 of the Communications Act of 1934, as amended. ( 2 ) In all arrangements entered into with outside parties affecting service operation, the TV licensee or permittee must retain control over all material transmitted in a broadcast mode via the station's facilities, with the right to reject any material in the sole judgement of the permittee or licensee. The license or permittee is also responsible for all aspects of technical operation involving such telecommunications services. ( 3 ) In any application for renewal of a broadcast license for a television station that provides ancillary or supplementary services, a licensee shall establish that all of its program services are in the public interest. Any violation of the Commission's rules applicable to ancillary or supplementary services will reflect on the licensee's qualifications for renewal of its license. ( d ) through ( f ) [Reserved] ( g ) Commercial TV licensees and permittees, and low power television, TV translator, and Class A licensees and permittees, must annually remit a fee of 5 percent of the gross revenues derived from all ancillary and supplementary services, as defined by paragraph (c) of this section, which are feeable, as defined in paragraphs (g)(1)(i) and (ii) of this section. Noncommercial TV licensees and permittees must annually remit a fee of 5 percent of the gross revenues derived from all ancillary and supplementary services, as defined by paragraph (c) of this section, which are feeable, as defined in paragraphs (g)(1)(i) and (ii) of this section, except that such licensees and permittees must annually remit a fee of 2.5 percent of the gross revenues from such ancillary or supplementary services which are nonprofit, noncommercial, and educational. ( 1 ) ( i ) All ancillary or supplementary services for which payment of a subscription fee or charge is required in order to receive the service are feeable. The fee required by this provision shall be imposed on any and all revenues from such services, including revenues derived from subscription fees and from any commercial advertisements transmitted on the service. ( ii ) Any ancillary or supplementary service for which no payment is required from consumers in order to receive the service is feeable if the TV licensee directly or indirectly receives compensation from a third party in return for the transmission of material provided by that third party (other than commercial advertisements used to support broadcasting for which a subscription fee is not required). The fee required by this provision shall be imposed on any and all revenues from such services, other than revenues received from a third party in return for the transmission of commercial advertisements used to support broadcasting for which a subscription fee is not required. ( 2 ) Payment of fees. ( i ) Each December 1, all commercial and noncommercial TV licensees and permittees that provided feeable ancillary or supplementary services as defined in this section at any point during the 12-month period ending on the preceding September 30 will electronically report, for the applicable period: ( A ) A brief description of the feeable ancillary or supplementary services provided; ( B ) Gross revenues received from all feeable ancillary and supplementary services provided during the applicable period; and ( C ) The amount of bitstream used to provide feeable ancillary or supplementary services during the applicable period. Licensees and permittees will certify under penalty of perjury the accuracy of the information reported. Failure to file information required by this section may result in appropriate sanctions. ( ii ) A commercial or noncommercial TV licensee or permittee that has provided feeable ancillary or supplementary services at any point during a 12-month period ending on September 30 must additionally file the FCC's standard remittance form (Form 159) on the subsequent December 1. Licensees and permittees will certify the amount of gross revenues received from feeable ancillary or supplementary services for the applicable 12-month period and will remit the payment of the required fee. ( iii ) The Commission reserves the right to audit each licensee's or permittee's records which support the calculation of the amount specified on line 23A of Form 159. Each licensee or permittee, therefore, is required to retain such records for three years from the date of remittance of fees. [ 89 FR 7429 , Feb. 1, 2024] § 73.625 TV antenna system. ( a ) - ( b ) [Reserved] ( c ) Antenna system. ( 1 ) The antenna system shall be designed so that the effective radiated power at any angle above the horizontal shall be as low as the state of the art permits, and in the same vertical plane may not exceed the effective radiated power in either the horizontal direction or below the horizontal, whichever is greater. ( 2 ) An antenna designed or altered to produce a noncircular radiation pattern in the horizontal plane is considered to be a directional antenna. Antennas purposely installed in such a manner as to result in the mechanical beam tilting of the major vertical radiation lobe are included in this category. ( 3 ) Applications proposing the use of directional antenna systems must be accompanied by the following: ( i ) Complete description of the proposed antenna system, including the manufacturer and model number of the proposed directional antenna. ( ii ) Relative field azimuth plane pattern (patterns for both horizontal and vertical polarization should be included if elliptical or circular polarization is used consistent with paragraph (d) of this section) of the proposed directional antenna. A value of 1.0 should be used for the maximum radiation in the horizontal polarization. The plot of the pattern should be oriented so that 0 degrees corresponds to true North. Where mechanical beam tilt is intended, the amount of tilt in degrees of the antenna vertical axis and the orientation of the downward tilt with respect to true North must be specified, and a tabulation of the elevation pattern included consistent with paragraph (c)(3)(vii) of this section. A horizontal plane pattern reflecting the use of mechanical beam tilt may be requested if required to facilitate international coordination. ( iii ) A tabulation of the relative field pattern required in paragraph (c)(3)(ii) of this section. The tabulation should use the same zero degree reference as the plotted pattern, and be tabulated at least every 10 degrees. In addition, tabulated values of all maxima and minima, with their corresponding azimuths, should be submitted. ( iv ) Horizontal and vertical plane radiation patterns showing the effective radiated power, in dBk, for each direction. Sufficient vertical plane patterns must be included to indicate clearly the radiation characteristics of the antenna above and below the horizontal plane. In cases where the angles at which the maximum vertical radiation varies with azimuth, a separate vertical radiation pattern must be provided for each pertinent radial direction. ( v ) All azimuth plane patterns must be plotted in a PDF attachment to the application in a size sufficient to be easily viewed. ( vi ) The horizontal and vertical plane patterns that are required are the patterns for the complete directional antenna system. In the case of a composite antenna composed of two or more individual antennas, this means that the patterns for the composite antenna, not the patterns for each of the individual antennas, must be submitted. ( vii ) If an elevation pattern is submitted in the application form, similar tabulations and PDF attachments shall be provided for the elevation pattern. ( viii ) If a matrix pattern is submitted in the application form, similar tabulations shall be provided as necessary in the form of a spreadsheet to accurately represent the pattern. ( 4 ) Where simultaneous use of antennas or antenna structures is proposed, the following provisions shall apply: ( i ) In cases where it is proposed to use a tower of an AM broadcast station as a supporting structure for a TV broadcast antenna, an appropriate application for changes in the radiating system of the AM broadcast station must be filed by the licensee thereof. A formal application (FCC Form 301, or FCC Form 340 for a noncommercial educational station) will be required if the proposal involves substantial change in the physical height or radiation characteristics of the AM broadcast antennas; otherwise an informal application will be acceptable. (In case of doubt, an informal application (letter) together with complete engineering data should be submitted.) An application may be required for other classes of stations when the tower is to be used in connection with a TV station. ( ii ) When the proposed TV antenna is to be mounted on a tower in the vicinity of an AM station directional antenna system and it appears that the operation of the directional antenna system may be affected, an engineering study must be filed with the TV application concerning the effect of the TV antenna on the AM directional radiation pattern. Field measurements of the AM stations may be required prior to and following construction of the TV station antenna, and readjustments made as necessary. ( iii ) In any case, where the TV licensee or permittee proposes to mount its antenna on or near an AM tower, as defined in § 1.30002 , the TV licensee or permittee must comply with § 1.30002 or § 1.30003 , as applicable. ( 5 ) Applications proposing the use of electrical beam tilt must be accompanied by the following: ( i ) Complete description of the proposed antenna system, including the manufacturer and model number. Vertical plane radiation patterns conforming with paragraphs (c)(3)(iv) , (c)(3)(v) and (c)(3)(vi) of this section. ( ii ) For at least 36 evenly spaced radials, including 0 degrees corresponding to true North, a determination of the depression angle between the transmitting antenna center of radiation and the radio horizon using the formula in paragraph (b)(2) of this section. ( iii ) For each such radial direction, the ERP at the depression angle, taking into account the effect of the electrical beam tilt, mechanical beam tilt, if used, and directional antenna pattern if a directional antenna is specified. ( iv ) The maximum ERP toward the radio horizon determined by this process must be clearly indicated. In addition, a tabulation of the relative fields representing the effective radiation pattern toward the radio horizon in the 36 radial directions must be submitted. A value of 1.0 should be used for the maximum radiation. ( d ) It shall be standard to employ horizontal polarization. However, circular or elliptical polarization may be employed if desired, in which case clockwise (right hand) rotation, as defined in the IEEE Standard Definition 42A65-3E2, and transmission of the horizontal and vertical components in time and space quadrature shall be used. For either omnidirectional or directional antennas the licensed effective radiated power of the vertically polarized component may not exceed the licensed effective radiated power of the horizontally polarized component. For directional antennas, the maximum effective radiated power of the vertically polarized component shall not exceed the maximum effective radiated power of the horizontally polarized component in any specified horizontal or vertical direction. [ 62 FR 26990 , May 16, 1997, as amended at 63 FR 13562 , Mar. 20, 1998; 66 FR 9985 , Feb. 13, 2001; 66 FR 65135 , Dec. 18, 2001; 83 FR 5544 , Feb. 8, 2018; 86 FR 66209 , Nov. 22, 2021; 89 FR 7250 , Feb. 1, 2024] § 73.626 TV distributed transmission systems. ( a ) Distributed transmission systems. A TV station may be authorized to operate multiple synchronized transmitters on its assigned channel to provide service consistent with the requirements of this section. Such operation is called a distributed transmission system (DTS). Except as expressly provided in this section, TV stations operating a DTS facility must comply with all rules applicable to TV single-transmitter stations. ( b ) Authorized service area. For purposes of compliance with this section, a station's “authorized service area” is defined as the area within its predicted noise-limited service contour determined using the facilities authorized for the station in a license or construction permit for non-DTS, single-transmitter-location operation (its “authorized facility”). ( c ) Table of Distances. The following Table of Distances describes (by channel and zone) a station's maximum service area that can be obtained in applying for a DTS authorization and the maximum interference area that can be created by its facilities. Table 1 to Paragraph ( c ) Channel Zone Service field strength (dBu) Distance from reference point Reference interference field strength (dBu) Distance from reference point F(50,10) (km) Node interfering field strength F(50,10) (dBu) F(50,90) (km) F(50,50) (km) 2-6 1 28 108 132 28 183 18.8 2-6 2 and 3 28 128 158 28 209 18.8 7-13 1 36 101 121 33 182 23.8 7-13 2 and 3 36 123 149 33 208 23.8 14-36 1, 2, and 3 41 103 142 36 246 26.8 ( 1 ) TV station zones are defined in § 73.609 . ( 2 ) DTS reference point. A station's DTS reference point is established in the FCC Order that created or made final modifications to the Table of TV Allotments, § 73.622(j) , and the corresponding facilities for the station's channel assignment as set forth in that FCC Order. ( d ) Determining DTS coverage. The coverage for each DTS transmitter is determined based on the F(50,90) field strength given in the Table of Distances (in paragraph (c) of this section), calculated in accordance with § 73.619(b) . The combined coverage of a DTS station is the logical union of the coverage of all DTS transmitters. ( e ) DTS protection from interference. A DTS station must be protected from interference in accordance with the criteria specified in § 73.620 . To determine compliance with the interference protection requirements of § 73.620 , the population served by a DTS station shall be the population within the station's combined coverage contour, excluding the population in areas that are outside both the TV station's authorized service area and the Table of Distances area (in paragraph (c) of this section). Only population that is predicted to receive service by the method described in § 73.619(c)(2) from at least one individual DTS transmitter will be considered. ( f ) Applications for DTS. An application proposing use of a DTS will not be accepted for filing unless it meets all of the following conditions: ( 1 ) The combined coverage from all of the DTS transmitters covers all of the applicant's authorized service area; ( 2 ) Each DTS transmitter's coverage is contained within either the TV station's Table of Distances area (pursuant to paragraph (c) of this section) or its authorized service area, except where such extension of coverage meets the following criteria: ( i ) In no event shall the F(50,50) service contour of any DTS transmitter extend beyond that of its authorized facility and its Table of Distances F(50,50) area; and ( ii ) In no event shall the F(50,10) node-interfering contour of any DTS transmitter, aside from one located at the site of its authorized facility, extend beyond the F(50,10) reference-interfering contour of its authorized facility and its Table of Distances F(50,10) reference area; and ( iii ) In no event shall the F(50,10) reference-interfering contour of a facility located at the site of its authorized facility extend beyond the F(50,10) reference-interfering contour of its authorized facility; ( 3 ) Each DTS transmitter's coverage is contiguous with at least one other DTS transmitter's coverage; ( 4 ) The coverage from one or more DTS transmitter(s) is shown to provide principal community coverage as required in § 73.618 ; ( 5 ) The “combined field strength” of all the DTS transmitters in a network does not cause interference to another station in excess of the criteria specified in § 73.620 , where the combined field strength level is determined by a “root-sum-square” calculation, in which the combined field strength level at a given location is equal to the square root of the sum of the squared field strengths from each transmitter in the DTS network at that location. ( 6 ) Each DTS transmitter must be located within either the TV station's Table of Distances area or its authorized service area. ( g ) All transmitters operating under a single DTS license must follow the same digital broadcast television transmission standard. [ 73 FR 74063 , Dec. 5, 2008, as amended at 83 FR 5022 , Feb. 2, 2018; 86 FR 21226 , Apr. 22, 2021; 89 FR 7250 , Feb. 1, 2024] § 73.658 Affiliation agreements and network program practices; territorial exclusivity in non-network program arrangements. ( a ) Exclusive affiliation of station. No license shall be granted to a television broadcast station having any contract, arrangement, or understanding, express or implied, with a network organization under which the station is prevented or hindered from, or penalized for, broadcasting the programs of any other network organization. (The term “network organization” as used in this section includes national and regional network organizations. See ch. VII, J, of Report on Chain Broadcasting.) ( b ) Territorial exclusively. No license shall be granted to a television broadcast station having any contract, arrangement, or understanding, express or implied, with a network organization which prevents or hinders another broadcast station located in the same community from broadcasting the network's programs not taken by the former station, or which prevents or hinders another broadcast station located in a different community from broadcasting any program of the network organization. This section shall not be construed to prohibit any contract, arrangement, or understanding between a station and a network organization pursuant to which the station is granted the first call in its community upon the programs of the network organization. As employed in this paragraph, the term “community” is defined as the community specified in the instrument of authorization as the location of the station. ( c ) [Reserved] ( d ) Station commitment of broadcast time. No license shall be granted to a television broadcast station having any contract, arrangement, or understanding, express or implied, with any network organization, which provides for optioning of the station's time to the network organization, or which has the same restraining effect as time optioning. As used in this section, time optioning is any contract, arrangement, or understanding, express or implied, between a station and a network organization which prevents or hinders the station from scheduling programs before the network agrees to utilize the time during which such programs are scheduled, or which requires the station to clear time already scheduled when the network organization seeks to utilize the time. ( e ) Right to reject programs. No license shall be granted to a television broadcast station having any contract, arrangement, or understanding, express or implied, with a network organization which, with respect to programs offered or already contracted for pursuant to an affiliation contract, prevents or hinders the station from: ( 1 ) Rejecting or refusing network programs which the station reasonably believes to be unsatisfactory or unsuitable or contrary to the public interest, or ( 2 ) Substituting a program which, in the station's opinion, is of greater local or national importance. ( f ) [Reserved] ( g ) Dual network operation. A television broadcast station may affiliate with a person or entity that maintains two or more networks of television broadcast stations unless such dual or multiple networks are composed of two or more persons or entities that, on February 8, 1996, were “networks” as defined in § 73.3613(a)(1) of the Commission's regulations (that is, ABC, CBS, Fox, and NBC). ( h ) Control by networks of station rates. No license shall be granted to a television broadcast station having any contract, arrangement, or understanding, express or implied, with a network organization under which the station is prevented or hindered from, or penalized for, fixing or altering its rates for the sale of broadcast time for other than the network's programs. ( i ) No license shall be granted to a television broadcast station which is represented for the sale of non-network time by a network organization or by an organization directly or indirectly controlled by or under common control with a network organization, if the station has any contract, arrangement or understanding, express or implied, which provides for the affiliation of the station with such network organization: Provided, however, That this rule shall not be applicable to stations licensed to a network organization or to a subsidiary of a network organization. ( j ) - ( l ) [Reserved] ( m ) Territorial exclusivity in non-network arrangements. ( 1 ) No television station shall enter into any contract, arrangement, or understanding, expressed or implied; with a non-network program producer, distributor, or supplier, or other person; which prevents or hinders another television station located in a community over 56.3 kilometers (35 miles) away, as determined by the reference points contained in § 76.53 of this chapter , (if reference points for a community are not listed in § 76.53 , the location of the main post office will be used) from broadcasting any program purchased by the former station from such non-network program producer, distributor, supplier, or other person, except that a television station may secure exclusivity against a television station licensed to another designated community in a hyphenated market specified in the market listing as contained in § 76.51 of this chapter for those 100 markets listed, and for markets not listed in § 76.51 of this chapter , the listing as contained in the Nielsen Media Research DMA Rankings for the most recent year at the time that the exclusivity contract, arrangement or understanding is complete under practices of the industry. As used in this paragraph, the term “community” is defined as the community specified in the instrument of authorization as the location of the station. ( 2 ) Notwithstanding paragraph (m)(1) of this section, a television station may enter into a contract, arrangement, or understanding with a producer, supplier, or distributor of a non-network program if that contract, arrangement, or understanding provides that the broadcast station has exclusive national rights such that no other television station in the United States may broadcast the program. Note 1: Contracts, arrangements, or understandings that are complete under the practices of the industry prior to August 7, 1973, will not be disturbed. Extensions or renewals of such agreements are not permitted because they would in effect be new agreements without competitive bidding. However, such agreements that were based on the broadcaster's advancing “seed money” for the production of a specific program or series that specify two time periods—a tryout period and period thereafter for general exhibition—may be extended or renewed as contemplated in the basic agreement. Note 2: It is intended that the top 100 major television markets listed in § 76.51 of this chapter shall be used for the purposes of this rule and that the listing of the top 100 television markets appearing in the ARB Television Market Analysis shall not be used. The reference in this rule to the listing of markets in the ARB Television Market Analysis refers to hyphenated markets below the top-100 markets contained in the ARB Television Market Analysis. If a community is listed in a hyphenated market in § 76.51 and is also listed in one of the markets in the ARB listing, the listing in § 76.51 shall govern. Note 3: The provisions of this paragraph apply only to U.S. commercial television broadcast stations in the 50 states, and not to stations in Puerto Rico or the Virgin Islands, foreign stations or noncommercial educational television or “public” television stations (either by way of restrictions on their exclusivity or on exclusivity against them). Note 4: New stations authorized in any community of a hyphenated market listed in § 76.51 of this chapter or in any community of a hyphenated market listed in the ARB Television Market Analysis (for markets below the top-100 markets) are subject to the same rules as previously existing stations therein. New stations authorized in other communities are considered stations in separate markets unless and until § 76.51 is amended by Commission action, or the ARB listing is changed. (Sec. 5, 48 Stat. 1068 ( 47 U.S.C. 155 )) [ 28 FR 13660 , Dec. 14, 1963] Editorial Note Editorial Note: For Federal Register citations affecting § 73.658 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . §§ 73.659-73.663 [Reserved] § 73.664 Determining operating power. ( a ) Required method. The operating power of each TV transmitter shall normally be determined by the direct method. ( b ) Direct method. The direct method of power determination for a TV transmitter uses the indications of a calibrated transmission line meter located at the RF output terminals of the transmitter. The indications of the calibrated meter are used to observe and maintain the authorized operating power of the transmitter. This meter must be calibrated whenever any component in the metering circuit is repaired or replaced and as often as necessary to ensure operation in accordance with the provisions of § 73.1560 . The following calibration procedures are to be used: ( 1 ) The transmission line meter is calibrated by measuring the average power at the output terminals of the transmitter, including any filters which may be used in normal operation. For this determination the average power output is measured while operating into a dummy load of substantially zero reactance and a resistance equal to the transmission line characteristic impedance. ( 2 ) If electrical devices are used to determine the output power, such devices must permit determination of this power to within an accuracy of ±5% of the power indicated by the full scale reading of the electrical indicating instrument of the device. If temperature and coolant flow indicating devices are used to determine the power output, such devices must permit determination of this power to within an accuracy of ±4% of measured average power output. During this measurement the input voltage and current to the final radio frequency amplifier stage and the transmission line meter are to be read and compared with similar readings taken with the dummy load replaced by the antenna. These readings must be in substantial agreement. ( 3 ) The meter must be calibrated with the transmitter operating at 80%, 100%, and 110% of the authorized power as often as may be necessary to maintain its accuracy and ensure correct transmitter operating power. In cases where the transmitter is incapable of operating at 110% of the authorized power output, the calibration may be made at a power output between 100% and 110% of the authorized power output. However, where this is done, the output meter must be marked at the point of calibration of maximum power output, and the station will be deemed to be in violation of this rule if that power is exceeded. The upper and lower limits of permissible power deviation as determined by the prescribed calibration, must be shown upon the meter either by means of adjustable red markers incorporated in the meter or by red marks placed upon the meter scale or glass face. These markings must be checked and changed, if necessary, each time the meter is calibrated. ( c ) Indirect method. The operating power is determined by the indirect method by applying an appropriate factor to the input power to the final radio-frequency amplifier stage of the transmitter using the following formula: Formula 1 to introductory text of paragraph (c) Transmitter output power = Ep × Ip × F Where: Ep = DC input voltage of the final radio-frequency amplifier stage. Ip = DC input current of the final radio-frequency amplifier stage. F = Efficiency factor. ( 1 ) If the above formula is not appropriate for the design of the transmitter final amplifier, use a formula specified by the transmitter manufacturer with other appropriate operating parameters. ( 2 ) The value of the efficiency factor, F established for the authorized transmitter output power is to be used for maintaining the operating power, even though there may be some variation in F over the power operating range of the transmitter. ( 3 ) The value of F is to be determined and a record kept thereof by one of the following procedures listed in order of preference: ( i ) Using the most recent measurement data for calibration of the transmission line meter according to the procedures described in paragraph (b) of this section or the most recent measurements made by the licensee establishing the value of F. In the case of composite transmitters or those in which the final amplifier stages have been modified pursuant to FCC approval, the licensee must furnish the FCC and also retain with the station records the measurement data used as a basis for determining the value of F. ( ii ) Using measurement data shown on the transmitter manufacturer's test data supplied to the licensee, provided that measurements were made at the authorized channel and transmitter output power. ( iii ) Using the transmitter manufacturer's measurement data. [ 89 FR 7251 , Feb. 1, 2024] § 73.670 Commercial limits in children's programs. ( a ) No commercial television broadcast station licensee shall air more than 10.5 minutes of commercial matter per hour during children's programming on weekends, or more than 12 minutes of commercial matter per hour on weekdays. ( b ) The display of Internet Web site addresses during program material or promotional material not counted as commercial time is permitted only if the Web site: ( 1 ) Offers a substantial amount of bona fide program-related or other noncommercial content; ( 2 ) Is not primarily intended for commercial purposes, including either e-commerce or advertising; ( 3 ) The Web site's home page and other menu pages are clearly labeled to distinguish the noncommercial from the commercial sections; and ( 4 ) The page of the Web site to which viewers are directed by the Web site address is not used for e-commerce, advertising, or other commercial purposes (e.g., contains no links labeled “store” and no links to another page with commercial material). ( c ) If an Internet address for a Web site that does not meet the test in paragraph (b) of this section is displayed during a promotion in a children's program, in addition to counting against the commercial time limits in paragraph (a) of this section the promotion must be clearly separated from program material. ( d ) ( 1 ) Entities subject to commercial time limits under the Children's Television Act shall not display a Web site address during or adjacent to a program if, at that time, on pages that are primarily devoted to free noncommercial content regarding that specific program or a character appearing in that program: ( i ) Products are sold that feature a character appearing in that program; or ( ii ) A character appearing in that program is used to actively sell products. ( 2 ) The requirements of this paragraph do not apply to: ( i ) Third-party sites linked from the companies' Web pages; ( ii ) On-air third-party advertisements with Web site references to third-party Web sites; or ( iii ) Pages that are primarily devoted to multiple characters from multiple programs. Note 1: Commercial matter means air time sold for purposes of selling a product or service and promotions of television programs or video programming services other than children's or other age-appropriate programming appearing on the same channel or promotions for children's educational and informational programming on any channel. Note 2: For purposes of this section, children's programming refers to programs originally produced and broadcast primarily for an audience of children 12 years old and younger. [ 70 FR 36 , Jan. 3, 2005, as amended at 71 FR 64164 , Nov. 1, 2006] § 73.671 Educational and informational programming for children. ( a ) Each commercial and noncommercial educational television broadcast station licensee has an obligation to serve, over the term of its license, the educational and informational needs of children through both the licensee's overall programming and programming specifically designed to serve such needs. ( b ) Any special nonbroadcast efforts which enhance the value of children's educational and informational television programming, and any special effort to produce or support educational and informational television programming by another station in the licensee's marketplace, may also contribute to meeting the licensee's obligation to serve, over the term of its license, the educational and informational needs of children. ( c ) For purposes of this section, educational and informational television programming is any television programming that furthers the educational and informational needs of children 16 years of age and under in any respect, including the child's intellectual/cognitive or social/emotional needs. Programming specifically designed to serve the educational and informational needs of children (“Core Programming”) is educational and informational programming that satisfies the following additional criteria: ( 1 ) It has serving the educational and informational needs of children ages 16 and under as a significant purpose; ( 2 ) It is aired between the hours of 6:00 a.m. and 10:00 p.m.; ( 3 ) It is a regularly scheduled weekly program, except that a licensee may air a limited amount of programming that is not regularly scheduled on a weekly basis, including educational specials and regularly scheduled non-weekly programming, and have that programming count as Core Programming, as described in paragraph (d) of this section; ( 4 ) It is at least 30 minutes in length, except that a licensee may air a limited amount of short-form programming, including public service announcements and interstitials, and have that programming count as Core Programming, as described in paragraph (d) of this section; ( 5 ) For commercial broadcast stations only, the program is identified as specifically designed to educate and inform children by the display on the television screen throughout the program of the symbol E/I; ( 6 ) The target child audience is specified in writing in the licensee's Children's Television Programming Report, as described in § 73.3526(e)(11)(iii) ; and ( 7 ) Instructions for listing the program as educational/informational are provided by the licensee to publishers of program guides, as described in § 73.673 . ( d ) The Commission will apply the processing guideline in this paragraph (d) to digital stations in assessing whether a television broadcast licensee has complied with the Children's Television Act of 1990 (“CTA”) on its digital channel(s). A digital television licensee will be deemed to have satisfied its obligation to air such programming and shall have the CTA portion of its license renewal application approved by the Commission staff if it has aired: At least three hours per week of Core Programming (as defined in paragraph (c) of this section and as averaged over a six-month period), or a total of 156 hours of Core Programming annually, including at least 26 hours per quarter of regularly scheduled weekly programming and up to 52 hours annually of Core Programming of at least 30 minutes in length that is not regularly scheduled weekly programming, such as educational specials and regularly scheduled non-weekly programming. A licensee will also been deemed to have satisfied the obligation in this paragraph (d) and be eligible for such staff approval if it has aired a total of 156 hours of Core Programming annually, including at least 26 hours per quarter of regularly scheduled weekly programming and up to 52 hours of Core Programming that is not regularly scheduled on a weekly basis, such as educational specials and regularly scheduled non-weekly programming, and short-form programs of less than 30 minutes in length, including public service announcements and interstitials. Licensees that multicast are permitted to air up to 13 hours per quarter of regularly scheduled weekly programming on a multicast stream. The remainder of a station's Core Programming must be aired on the station's primary stream. Licensees that do not meet the processing guidelines in this paragraph (d) will be referred to the Commission, where they will have full opportunity to demonstrate compliance with the CTA by relying in part on sponsorship of Core educational/informational programs on other stations in the market that increases the amount of Core educational and informational programming on the station airing the sponsored program and/or on special non-broadcast efforts which enhance the value of children's educational and informational television programming. ( e ) A station that preempts an episode of a regularly scheduled weekly Core Program will be permitted to count the episode toward the processing guidelines set forth in paragraph (d) of this section as follows: ( 1 ) A station that preempts an episode of a regularly scheduled weekly Core Program on its primary stream will be permitted to air the rescheduled episode on its primary stream at any time during Core Programming hours within seven days before or seven days after the date the episode was originally scheduled to air. The broadcast station must make an on-air notification of the schedule change during the same time slot as the preempted episode. If a station intends to air the rescheduled episode within the seven days before the date the episode was originally scheduled to air, the station must make the on-air notification during the same timeslot as the preceding week's episode of that program. If the station intends to air the rescheduled episode within the seven days after the date the preempted episode was originally scheduled to air, the station must make the on-air notification during the timeslot when the preempted episode was originally scheduled to air. The on-air notification must include the alternate date and time when the program will air. ( 2 ) A station that preempts an episode of a regularly scheduled weekly Core Program on a multicast stream will be permitted to air the rescheduled episode on that same multicast stream at any time during Core Programming hours within seven days before or seven days after the date the episode was originally scheduled to air. The broadcast station must make an on-air notification of the schedule change during the same time slot as the preempted episode. If a station intends to air the rescheduled episode within the seven days before the date the episode was originally scheduled to air, the station must make the on-air notification during the same timeslot as the preceding week's episode of that program. If the station intends to air the rescheduled episode within the seven days after the date the preempted episode was originally scheduled to air, the station must make the on-air notification during the timeslot when the preempted episode was originally scheduled to air. The on-air notification must include the alternate date and time when the program will air. ( 3 ) A station that preempts an episode of a regularly scheduled weekly Core Program to air non-regularly scheduled live programming produced locally by the station will not be required to reschedule the episode. Note 1 to § 73.671 : For purposes of determining under this section whether programming has a significant purpose of serving the educational and informational needs of children, the Commission will ordinarily rely on the good faith judgments of the licensee. Commission review of compliance with that element of the definition will be done only as a last resort. [ 56 FR 19616 , Apr. 29, 1991. Redesignated at 56 FR 28825 , June 25, 1991, as amended at 61 FR 43997 , Aug. 27, 1996; 70 FR 37 , Jan. 3, 2005; 71 FR 64165 , Nov. 1, 2006; 83 FR 5544 , Feb. 8, 2018; 84 FR 41934 , 41935 , Aug. 16, 2019] § 73.672 [Reserved] § 73.673 Public information initiatives regarding educational and informational programming for children. Each commercial television broadcast station licensee shall provide information identifying programming specifically designed to educate and inform children to publishers of program guides. [ 70 FR 9877 , Mar. 1, 2005, as amended at 84 FR 41935 , Aug. 16, 2019] § 73.681 Definitions. Antenna electrical beam tilt. The shaping of the radiation pattern in the vertical plane of a transmitting antenna by electrical means so that maximum radiation occurs at an angle below the horizontal plane. Antenna height above average terrain. The average of the antenna heights above the terrain from approximately 3.2 (2 miles) to 16.1 kilometers (10 miles) from the antenna for the eight directions spaced evenly for each 45 degrees of azimuth starting with True North. (In general, a different antenna height will be determined in each direction from the antenna. The average of these various heights is considered the antenna height above the average terrain. Where circular or elliptical polarization is employed, the antenna height above average terrain shall be based upon the height of the radiation center of the antenna which transmits the horizontal component of radiation. Antenna mechanical beam tilt. The intentional installation of a transmitting antenna so that its axis is not vertical, in order to change the normal angle of maximum radiation in the vertical plane. Antenna power gain. The square of the ratio of the root-mean-square free space field strength produced at 1 kilometer in the horizontal plane, in millivolts per meter for one kW antenna input power to 221.4 mV/m. This ratio should be expressed in decibels (dB). (If specified for a particular direction, antenna power gain is based on the field strength in that direction only.) Aspect ratio. The ratio of picture width to picture height as transmitted. Auxiliary facility. An auxiliary facility is an antenna separate a from the main facility's antenna, permanently installed on the same tower or at a different location, from which a station may broadcast for short periods without prior Commission authorization or notice to the Commission while the main facility is not in operation (e.g., where tower work necessitates turning off the main antenna or where lightning has caused damage to the main antenna or transmission system) ( See § 73.1675 ). Effective radiated power. The product of the antenna input power and the antenna power gain. This product should be expressed in kW and in dB above 1 kW (dBk). (If specified for a particular direction, effective radiated power is based on the antenna power gain in that direction only. The licensed effective radiated power is based on the maximum antenna power gain. When a station is authorized to use a directional antenna or an antenna beam tilt, the direction of the maximum effective radiated power will be specified.) Where circular or elliptical polarization is employed, the term effective radiated power is applied separately to the horizontally and vertically polarized components of radiation. For assignment purposes, only the effective radiated power authorized for the horizontally polarized component will be considered. Equivalent isotropically radiated power (EIRP). The term “equivalent isotropically radiated power” (also known as “effective radiated power above isotropic”) means the product of the antenna input power and the antenna gain in a given direction relative to an isotropic antenna. Free space field strength. The field strength that would exist at a point in the absence of waves reflected from the earth or other reflecting objects. Interlaced scanning. A scanning process in which successively scanned lines are spaced an integral number of line widths, and in which the adjacent lines are scanned during successive cycles of the field frequency. Polarization. The direction of the electric field as radiated from the transmitting antenna. Standard television signal. A signal which conforms to the television transmission standards. Synchronization. The maintenance of one operation in step with another. Television broadcast band. The frequencies in the band extending from 54 to 608 megahertz which are assignable to television broadcast stations. These frequencies are 54 to 72 megahertz (channels 2 through 4), 76 to 88 megahertz (channels 5 and 6), 174 to 216 megahertz (channels 7 through 13), and 470 to 608 megahertz (channels 14 through 36). Television broadcast station. A station in the television broadcast band transmitting simultaneous visual and aural signals intended to be received by the general public. Television channel. A band of frequencies 6 MHz wide in the television broadcast band and designated either by number or by the extreme lower and upper frequencies. Television transmission standards. The standards which determine the characteristics of a television signal as radiated by a television broadcast station. Television transmitter. The radio transmitter or transmitters for the transmission of both visual and aural signals. Vestigial sideband transmission. A system of transmission wherein one of the generated sidebands is partially attenuated at the transmitter and radiated only in part. [ 89 FR 7252 , Feb. 1, 2024] § 73.682 TV transmission standards. ( a ) - ( c ) [Reserved] ( d ) Broadcast television transmission standards. ( 1 ) Transmission of broadcast television signals shall comply with the standards (incorporated by reference, see § 73.8000 ) for such transmissions set forth in: ( i ) ATSC A/52; ( ii ) ATSC A/53, Parts 1-4 and 6: 2007 and ATSC A/53 Part 5:2010; and ( iii ) ATSC A/65C. ( 2 ) Although not incorporated by reference, licensees may also consult: ( i ) ATSC A/54A: “Recommended Practice: Guide to Use of the ATSC Digital Television Standard, including Corrigendum No. 1,” (December 4, 2003, Corrigendum No. 1 dated December 20, 2006, and ( ii ) ATSC A/69: “Recommended Practice PSIP Implementation Guidelines for Broadcasters,” (June 25, 2002). ( 3 ) For availability of this material, contact ATSC (see § 73.8000 for contact information). ( e ) Transmission of commercial advertisements by television broadcast station. ( 1 ) Mandatory compliance with ATSC A/85 RP. Effective December 13, 2012, television broadcast stations must comply with the ATSC A/85 RP incorporated by reference, see § 73.8000 ), insofar as it concerns the transmission of commercial advertisements. ( 2 ) Commercials inserted by station. A television broadcast station that installs, utilizes, and maintains in a commercially reasonable manner the equipment and associated software to comply with ATSC A/85 RP shall be deemed in compliance with respect to locally inserted commercials, which for the purposes of this provision are commercial advertisements added to a programming stream by a station prior to or at the time of transmission to viewers. In order to be considered to have installed, utilized and maintained the equipment and associated software in a commercially reasonable manner, a television broadcast station must: ( i ) Install, maintain and utilize equipment to properly measure the loudness of the content and to ensure that the dialnorm metadata value correctly matches the loudness of the content when encoding the audio into AC-3 for transmitting the content to the consumer; ( ii ) Provide records showing the consistent and ongoing use of this equipment in the regular course of business and demonstrating that the equipment has undergone commercially reasonable periodic maintenance and testing to ensure its continued proper operation; ( iii ) Certify that it either has no actual knowledge of a violation of the ATSC A/85 RP, or that any violation of which it has become aware has been corrected promptly upon becoming aware of such a violation; and ( iv ) Certify that its own transmission equipment is not at fault for any pattern or trend of complaints. ( 3 ) Embedded commercials—safe harbor. With respect to embedded commercials, which, for the purposes of this provision, are those commercial advertisements placed into the programming stream by a third party ( i.e. , programmer) and passed through by the station to viewers, a television broadcast station must certify that its own transmission equipment is not at fault for any pattern or trend of complaints, and may demonstrate compliance with the ATSC A/85 RP through one of the following methods: ( i ) Relying on a network's or other programmer's certification of compliance with the ATSC A/85 RP with respect to commercial programming, provided that: ( A ) The certification is widely available by Web site or other means to any television broadcast station, cable operator, or multichannel video programming distributor that transmits that programming; and ( B ) The television broadcast station has no reason to believe that the certification is false; and ( C ) The television broadcast station performs a spot check, as defined in § 73.682(e)(3)(iv)(A) , (B) , (D) , and (E) , on programming in response to an enforcement inquiry concerning a pattern or trend of complaints regarding commercials contained in that programming. ( ii ) If transmitting any programming that is not certified as described in § 73.682(e)(3)(i) , a television broadcast station that had more than $14,000,000 in annual receipts for the calendar year 2011 must perform annual spot checks, as defined in § 73.682(e)(3)(iv)(A) , (B) , (C) , and (E) , of all the non-certified commercial programming it receives from a network or other programmer and perform a spot check, as defined in § 73.682(e)(3)(iv)(A) , (B) , (D) , and (E) , on programming in response to an enforcement inquiry concerning a pattern or trend of complaints regarding commercials contained in that programming; ( iii ) A television broadcast station that had $14,000,000 or less in annual receipts for the year 2011 need not perform annual spot checks but must perform a spot check, as defined in § 73.682(e)(3)(iv)(A) , (B) , (D) , and (E) , on programming in response to an enforcement inquiry concerning a pattern or trend of complaints regarding commercials contained in that programming. ( iv ) For purposes of this section, a “spot check” of embedded commercials requires monitoring 24 uninterrupted hours of programming with an audio loudness meter employing the measurement technique specified in the ATSC A/85 RP, and reviewing the records from that monitoring to detect any commercials transmitted in violation of the ATSC A/85 RP. The television broadcast station must not inform the network or programmer of the spot check prior to performing it. ( A ) Spot-checking must be conducted after the signal has passed through the television broadcast station's processing equipment (e.g., at the output of a television receiver). If a problem is found, the television broadcast station must determine the source of the noncompliance. ( B ) To be considered valid, the television broadcast station must demonstrate appropriate maintenance records for the audio loudness meter. ( C ) With reference to the annual “safe harbor” spot check in § 73.682(e)(3)(ii) : ( 1 ) To be considered valid, the television broadcast station must demonstrate, at the time of any enforcement inquiry, that appropriate spot checks had been ongoing. ( 2 ) If there is no single 24 hour period in which all programmers of a given program stream are represented, an annual spot check may consist of a series of loudness measurements over the course of a 7 day period, totaling no fewer than 24 hours, that measure at least one program, in its entirety, provided by each non-certified programmer that supplies programming for that program stream. ( 3 ) If annual spot checks are performed for two consecutive years without finding evidence of noncompliance with the ATSC A/85 RP, no further annual spot checks are required to remain in the safe harbor for existing programming. ( 4 ) Non-certified program streams must be spot-checked annually using the approach described in this section. If annual spot checks of the program stream are performed for two consecutive years without finding evidence of noncompliance with the ATSC A/85 RP, no further annual spot checks are required to remain in the safe harbor for that program stream. ( 5 ) Even after the two year period for annual spot checks, if a spot check shows noncompliance on a non-certified program stream, the station must once again perform annual spot checks of that program stream to be in the safe harbor for that programming. If these renewed annual spot checks are performed for two consecutive years without finding additional evidence of noncompliance with the ATSC A/85 RP, no further annual spot checks are required to remain in the safe harbor for that program stream. ( D ) With reference to the spot checks in response to an enforcement inquiry pursuant to § 73.682(e)(3)(i)(C) , (2) , or ( 3 ) : ( 1 ) If notified of a pattern or trend of complaints, the television broadcast station must perform the 24-hour spot check of the program stream at issue within 30 days or as otherwise specified by the Enforcement Bureau; and ( 2 ) If the spot check reveals actual compliance, the television broadcast station must notify the Commission in its response to the enforcement inquiry. ( E ) If any spot check shows noncompliance with the ATSC A/85 RP, the television station must notify the Commission and the network or programmer within 7 days, direct the programmer's attention to any relevant complaints, and must perform a follow-up spot check within 30 days of providing such notice. The station must notify the Commission and the network or programmer of the results of the follow-up spot check. Notice to the Federal Communications Commission must be provided to the Chief, Investigations and Hearings Division, Enforcement Bureau, or as otherwise directed in a Letter of Inquiry to which the station is responding. ( 1 ) If the follow-up spot check shows compliance with the ATSC A/85 RP, the station remains in the safe harbor for that program stream. ( 2 ) If the follow-up spot check shows noncompliance with the ATSC A/85 RP, the station will not be in the safe harbor with respect to commercials contained in the program stream for which the spot check showed noncompliance until a subsequent spot check shows that the program stream is in compliance. ( 4 ) Use of a real-time processor. A television broadcast station that installs, maintains and utilizes a real-time processor in a commercially reasonable manner will be deemed in compliance with the ATSC A/85 RP with regard to any commercial advertisements on which it uses such a processor, so long as it also: ( i ) Provides records showing the consistent and ongoing use of this equipment in the regular course of business and demonstrating that the equipment has undergone commercially reasonable periodic maintenance and testing to ensure its continued proper operation; ( ii ) Certifies that it either has no actual knowledge of a violation of the ATSC A/85 RP, or that any violation of which it has become aware has been corrected promptly upon becoming aware of such a violation; and ( iii ) Certifies that its own transmission equipment is not at fault for any pattern or trend of complaints. ( 5 ) Commercials locally inserted by a station's agent—safe harbor. With respect to commercials locally inserted, which for the purposes of this provision are commercial advertisements added to a programming stream for the television broadcast station by a third party after it has been received from the programmer but prior to or at the time of transmission to viewers, a station may demonstrate compliance with the ATSC A/85 RP by relying on the third party local inserter's certification of compliance with the ATSC A/85 RP, provided that: ( i ) The television broadcast station has no reason to believe that the certification is false; ( ii ) The television broadcast station certifies that its own transmission equipment is not at fault for any pattern or trend of complaints; and ( iii ) The television broadcast station performs a spot check, as defined in § 73.682(e)(3)(iv)(A) , (B) , (D) , and (E) , on the programming at issue in response to an enforcement inquiry concerning a pattern or trend of complaints regarding commercials inserted by that third party. ( 6 ) Instead of demonstrating compliance pursuant to paragraphs (e)(2) through (5) of this section, a station may demonstrate compliance with paragraph (e)(1) of this section in response to an enforcement inquiry prompted by a pattern or trend of complaints by demonstrating actual compliance with ATSC A/85 RP with regard to the commercial advertisements that are the subject of the inquiry, and certifying that its own transmission equipment is not at fault for any such pattern or trend of complaints. ( 7 ) For additional information regarding this requirement, see Implementation of the Commercial Advertisement Loudness Mitigation (CALM) Act, FCC 11-182. ( f ) Next Gen TV broadcast television transmission standard authorized. ( 1 ) As an alternative to broadcasting only an ATSC 1.0 signal using the DTV transmission standard set forth in paragraph (d) of this section, DTV licensees or permittees may choose to broadcast an ATSC 3.0 signal using the Next Gen TV transmission standard set forth in this paragraph (f) , provided it also broadcasts a simulcast signal in ATSC 1.0 (using the DTV transmission standard in § 73.682(d) ). ( 2 ) ( i ) Effective March 5, 2018, transmission of Next Gen TV broadcast television (ATSC 3.0) signals shall comply with the standards for such transmissions set forth in ATSC A/321:2016, “System Discovery and Signaling” (March 23, 2016) (incorporated by reference, see § 73.8000 ). To the extent that virtual channels (specified in the DTV transmission standard referenced in ATSC A/65C:2006 in paragraph (d) of this section) are used in the transmission of Next Gen TV broadcasting, major channel numbers shall be assigned as required by ATSC A/65C:2006 Annex B (incorporated by reference, see § 73.8000 ). ( ii ) In addition, such signals shall also comply with the standards set forth in ATSC A/322:2017 “Physical Layer Protocol” (June 6, 2017) (incorporated by reference, see § 73.8000 ) with respect to the transmission of at least one free over the air primary video programming stream. ( iii ) Paragraph (f)(2)(ii) of this section will sunset on July 17, 2027. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 28 FR 13660 , Dec. 14, 1963] Editorial Note Editorial Note: For Federal Register citations affecting § 73.682 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.683 Presumptive determination of field strength at individual locations. ( a ) See § 73.619(c) . For purposes of the cross-reference from § 90.307(b) , the Grade B contour is defined as the F(50,50) contour at 64 dBu. ( b ) - ( c ) [Reserved] ( d ) For purposes of determining the eligibility of individual households for satellite retransmission of distant network signals under the copyright law provisions of 17 U.S.C. 119(d)(10)(A) , field strength shall be determined by the Individual Location Longley-Rice (ILLR) propagation prediction model. Such eligibility determinations shall consider only the signals of network stations located in the subscriber's Designated Market Area. Guidance for use of the ILLR model in predicting the field strength of television signals for such determinations is provided in OET Bulletin No. 73. For availability of OET Bulletin No. 73, contact FCC (see § 73.8000 for contact information). ( e ) If a location was predicted to be unserved by a local network station using a version of the ILLR model specified in OET Bulletin No. 72 or OET Bulletin No. 73, as appropriate, and the satellite subscriber at that location is receiving a distant signal affiliated with the same network from its satellite provider, the satellite subscriber shall remain eligible for receiving the distant signal from its satellite provider if that location is subsequently predicted to be served by the local station due to either a change in the ILLR model or a change in the station's operations that change its coverage. ( f ) A satellite carrier is exempt from the verification requirements of 47 U.S.C. 339(c)(4)(A) with respect to a test requested by a satellite subscriber to whom the retransmission of the signals of local broadcast stations is available under 47 U.S.C. 338 from such carrier. The definitions of satellite carrier, subscriber, and local market contained in 47 CFR 76.66(a) apply to this paragraph (f) . [ 44 FR 36039 , June 20, 1979, as amended at 47 FR 35990 , Aug. 18, 1982; 50 FR 23699 , June 5, 1985; 50 FR 32416 , Aug. 12, 1985; 65 FR 36641 , June 9, 2000; 70 FR 21670 , Apr. 27, 2005; 75 FR 80363 , Dec. 22, 2010; 85 FR 64408 , Oct. 13, 2020; 88 FR 21446 , Apr. 10, 2023; 89 FR 7252 , Feb. 1, 2024] § 73.686 Field strength measurements. ( a ) Except as provided for in § 73.612 , television broadcast stations shall not be protected from any type of interference or propagation effect. Persons desiring to submit testimony, evidence or data to the Commission for the purpose of showing that the technical standards contained in this subpart do not properly reflect the levels of any given type of interference or propagation effect may do so only in appropriate rulemaking proceedings concerning the amendment of such technical standards. Persons making field strength measurements for formal submission to the Commission in rulemaking proceedings, or making such measurements upon the request of the Commission, shall follow the procedure for making and reporting such measurements outlined in paragraph (b) of this section. In instances where a showing of the measured level of a signal prevailing over a specific community is appropriate, the procedure for making and reporting field strength measurements for this purpose is set forth in paragraph (c) of this section. ( b ) Collection of field strength data for propagation analysis — ( 1 ) Preparation for measurements. ( i ) On large scale topographic maps, eight or more radials are drawn from the transmitter location to the maximum distance at which measurements are to be made, with the angles included between adjacent radials of approximately equal size. Radials should be oriented so as to traverse representative types of terrain. The specific number of radials and their orientation should be such as to accomplish this objective. ( ii ) At a point exactly 16.1 kilometers (10 miles) from the transmitter, each radial is marked, and at greater distances at successive 3.2 kilometer (2 mile) intervals. Where measurements are to be conducted at UHF, or over extremely rugged terrain, shorter intervals may be employed, but all such intervals shall be of equal length. Accessible roads intersecting each radial as nearly as possible at each 3.2 kilometer (2 mile) marker are selected. These intersections are the points on the radial at which measurements are to be made, and are referred to subsequently as measuring locations. The elevation of each measuring location should approach the elevation at the corresponding 3.2 kilometer (2 mile) marker as nearly as possible. ( 2 ) Measurement procedure. The field strength of the visual carrier shall be measured with a voltmeter capable of indicating accurately the peak amplitude of the synchronizing signal. All measurements shall be made utilizing a receiving antenna designed for reception of the horizontally polarized signal component, elevated 9.1 meters (30 feet) above the roadbed. At each measuring location, the following procedure shall be employed. ( i ) The instrument calibration is checked. ( ii ) The antenna is elevated to a height of 30 feet. ( iii ) The receiving antenna is rotated to determine if the strongest signal is arriving from the direction of the transmitter. ( iv ) The antenna is oriented so that the sector of its response pattern over which maximum gain is realized is in the direction of the transmitter. ( v ) A mobile run of at least 30.5 meters (100 feet) is made, which is centered on the intersection of the radial and the road, and the measured field strength is continuously recorded on a chart recorder over the length of the run. ( vi ) The actual measuring location is marked exactly on the topographic map, and a written record, keyed to the specific location, is made of all factors which may affect the recorded field, such as topography, height and types of vegetation, buildings, obstacles, weather, and other local features. ( vii ) If, during the test conducted as described in paragraph (b)(2)(iii) of this section, the strongest signal is found to come from a direction other than from the transmitter, after the mobile run prescribed in paragraph (b)(2)(v) of this section is concluded, additional measurements shall be made in a “cluster” of at least five fixed points. At each such point, the field strengths with the antenna oriented toward the transmitter, and with the antenna oriented so as to receive the strongest field, are measured and recorded. Generally, all points should be within 61.0 meters (200 feet) of the center point of the mobile run. ( viii ) If overhead obstacles preclude a mobile run of at leat 30.5 meters (100 feet), a “cluster” of five spot measurements may be made in lieu of this run. The first measurement in the cluster is identified. Generally, the locations for other measurements shall be within 61.0 meters (200 feet) of the location of the first. ( 3 ) Method of reporting measurements. A report of measurements to the Commission shall be submitted in affidavit form, in triplicate, and should contain the following information: ( i ) Tables of field strength measurements, which, for each measuring location, set forth the following data: ( A ) Distance from the transmitting antenna. ( B ) Ground elevation at measuring location. ( C ) Date, time of day, and weather. ( D ) Median field in dBu for 0 dBk, for mobile run or for cluster, as well as maximum and minimum measured field strengths. ( E ) Notes describing each measuring location. ( ii ) U.S. Geological Survey topographic maps, on which is shown the exact location at which each measurement was made. The original plots shall be made on maps of the largest available scale. Copies may be reduced in size for convenient submission to the Commission, but not to the extent that important detail is lost. The original maps shall be made available, if requested. If a large number of maps is involved, an index map should be submitted. ( iii ) All information necessary to determine the pertinent characteristics of the transmitting installation, including frequency, geographical coordinates of antenna site, rated and actual power output of transmitter, measured transmission line loss, antenna power gain, height of antenna above ground, above mean sea level, and above average terrain. The effective radiated power should be computed, and horizontal and vertical plane patterns of the transmitting antenna should be submitted. ( iv ) A list of calibrated equipment used in the field strength survey, which, for each instrument, specifies its manufacturer, type, serial number and rated accuracy, and the date of its most recent calibration by the manufacturer, or by a laboratory. Complete details of any instrument not of standard manufacture shall be submitted. ( v ) A detailed description of the calibration of the measuring equipment, including field strength meters, measuring antenna, and connecting cable. ( vi ) Terrain profiles in each direction in which measurements were made, drawn on curved earth paper for equivalent 4/3 earth radius, of the largest available scale. ( c ) Collection of field strength data to determine television service in specific communities — ( 1 ) Preparation for measurement. ( i ) The population (P) of the community, and its suburbs, if any, is determined by reference to the most recent official decennial U.S. Census population data as identified by the Media Bureau in a Public Notice. (See § 73.620(b) ). ( ii ) The number of locations at which measurements are to be made shall be at least 15, and shall be approximately equal to 0.1 (P) 1 ⁄ 2 , if this product is a number greater than 15. ( iii ) A rectangular grid, of such size and shape as to encompass the boundaries of the community is drawn on an accurate map of the community. The number of line intersections on the grid included within the boundaries of the community shall be at least equal to the required number of measuring locations. The position of each intersection on the community map determines the location at which a measurement shall be made. ( 2 ) Measurement procedure. The field strength of the visual carrier shall be measured, with a voltmeter capable of indicating accurately the peak amplitude of the synchronizing signal. All measurements shall be made utilizing a receiving antenna designed for reception of the horizontally polarized signal component, elevated 9.1 meter (30 feet) above street level. ( i ) Each measuring location shall be chosen as close as feasible to a point indicated on the map, as previously prepared, and at as nearly the same elevation as that point as possible. ( ii ) At each measuring location, after equipment calibration and elevation of the antenna, a check is made to determine whether the strongest signal arrives from a direction other than from the transmitter. ( iii ) At 20 percent or more of the measuring locations, mobile runs, as described in paragraph (b)(2) of this section shall be made, with no less than three such mobile runs in any case. The points at which mobile measurements are made shall be well separated. Spot measurements may be made at other measuring points. ( iv ) Each actual measuring location is marked exactly on the map of the community, and suitably keyed. A written record shall be maintained, describing, for each location, factors which may affect the recorded field, such as the approximate time of measurement, weather, topography, overhead wiring, heights and types of vegetation, buildings and other structures. The orientation, with respect to the measuring location shall be indicated of objects of such shape and size as to be capable of causing shadows or reflections. If the strongest signal received was found to arrive from a direction other than that of the transmitter, this fact shall be recorded. ( 3 ) Method of reporting measurements. A report of measurements to the Commission shall be submitted in affidavit form, in triplicate, and should contain the following information: ( i ) A map of the community showing each actual measuring location, specifically identifying the points at which mobile runs were made. ( ii ) A table keyed to the above map, showing the field strength at each measuring point, reduced to dBu for the actual effective radiated power of the station. Weather, date, and time of each measurement shall be indicated. ( iii ) Notes describing each measuring location. ( iv ) A topographic map of the largest available scale on which are marked the community and the transmitter site of the station whose signals have been measured, which includes all areas on or near the direct path of signal propagation. ( v ) Computations of the mean and standard deviation of all measured field strengths, or a graph on which the distribution of measured field strength values is plotted. ( vi ) A list of calibrated equipment used for the measurements, which for each instrument, specifies its manufacturer, type, serial number and rated accuracy, and the date of its most recent calibration by the manufacturer, or by a laboratory. Complete details of any instrument not of standard manufacture shall be submitted. ( vii ) A detailed description of the procedure employed in the calibration of the measuring equipment, including field strength meters measuring antenna, and connecting cable. ( d ) [Reserved] ( e ) Collection of field strength data to determine television signal intensity at an individual location—cluster measurements — ( 1 ) Preparation for measurements — ( i ) Testing antenna. The test antenna shall be either a standard half-wave dipole tuned to the center frequency of the channel being tested or a gain antenna provided its antenna factor for the channel(s) under test has been determined. Use the antenna factor supplied by the antenna manufacturer as determined on an antenna range. ( ii ) Testing locations —At the test site, choose a minimum of five locations as close as possible to the specific site where the site's receiving antenna is located. If there is no receiving antenna at the site, choose a minimum of five locations as close as possible to a reasonable and likely spot for the antenna. The locations shall be at least three meters apart, enough so that the testing is practical. If possible, the first testing point should be chosen as the center point of a square whose corners are the four other locations. Calculate the median of the five measurements (in units of dBµ) and report it as the measurement. ( iii ) Multiple signals — ( A ) If more than one signal is being measured ( i.e., signals from different transmitters), use the same locations to measure each signal. ( B ) For establishing eligibility of a satellite subscriber to receive distant network signals, only stations affiliated with the network in question that are located in the same Nielsen Designated Market Area (DMA) as the test site may be considered and tested. ( 2 ) Measurement procedure. Measurements shall be made in accordance with good engineering practice and in accordance with this section of this chapter. At each measuring location, the following procedure shall be employed: ( i ) Testing equipment. Perform an on-site calibration of the test instrument in accordance with the manufacturer's specifications. Tune a calibrated instrument to the center of the channel being tested. Measure the integrated average power over the full 6 megahertz bandwidth of the television signal. The intermediate frequency of the instrument should be set to 100 kilohertz unless the instrument is specifically designed by the manufacturer to use an alternative i.f. setting. The instrument must be capable of integrating over the selected i.f. for the 6 megahertz channel bandwidth. Take all measurements with a horizontally polarized antenna. Use a shielded transmission line between the testing antenna and the field strength meter. Match the antenna impedance to the transmission line at all frequencies measured, and, if using an un-balanced line, employ a suitable balance. Take account of the transmission line loss for each frequency being measured. ( ii ) Weather. Do not take measurements during periods of inclement weather, including, but not limited to, periods of heavy rainfall, snowfall accumulation, high windspeed, or any combination thereof. ( iii ) Antenna elevation. When field strength is being measured for a one-story building, elevate the testing antenna to 6.1 meters (20 feet) above the ground. In situations where the field strength is being measured for a building taller than one-story, elevate the testing antenna 9.1 meters (30 feet) above the ground. ( iv ) Antenna orientation. Orient the testing antenna in the direction which maximizes the value of field strength for the signal being measured. If more than one station's signal is being measured, orient the testing antenna separately for each station. ( 3 ) Written record shall be made and shall include at least the following: ( i ) A list of calibrated equipment used in the field strength survey, which for each instrument specifies the manufacturer, type, serial number and rated accuracy, and the date of the most recent calibration by the manufacturer or by a laboratory. Include complete details of any instrument not of standard manufacture. ( ii ) A detailed description of the calibration of the measuring equipment, including field strength meters, measuring antenna, and connecting cable. ( iii ) For each spot at the measuring site, all factors which may affect the recorded field, such as topography, height and types of vegetation, buildings, obstacles, weather, and other local features. ( iv ) A description of where the cluster measurements were made. ( v ) Time and date of the measurements and signature of the person making the measurements. ( vi ) For each channel being measured, a list of the measured value of field strength (in units of dBµ after adjustment for line loss and antenna factor) of the five readings made during the cluster measurement process, with the median value highlighted. [ 40 FR 27683 , July 1, 1975, as amended at 50 FR 23701 , June 5, 1985; 64 FR 7127 , Feb. 12, 1999; 64 FR 73433 , Dec. 30, 1999; 75 FR 81498 , Dec. 28, 2010; 89 FR 7253 , Feb. 1, 2024] § 73.687 Transmission system requirements. ( a ) - ( b ) [Reserved] ( c ) Requirements applicable to transmitters are as follows: ( 1 ) [Reserved] ( 2 ) The transmitters shall be equipped with suitable indicating instruments for the determination of operating power and with other instruments necessary for proper adjustment, operation, and maintenance of the equipment. ( 3 ) Adequate provision shall be made for varying the output power of the transmitters to compensate for excessive variations in line voltage or for other factors affecting the output power. ( 4 ) Adequate provisions shall be provided in all component parts to avoid overheating at the rated maximum output powers. ( d ) The construction, installation, and operation of broadcast equipment is expected to conform with all applicable local, state, and federally imposed safety regulations and standards, enforcement of which is the responsibility of the issuing regulatory agency. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 28 FR 13660 , Dec. 14, 1963] Editorial Note Editorial Note: For Federal Register citations affecting § 73.687 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.688 Indicating instruments. ( a ) Each TV broadcast station shall be equipped with indicating instruments which conform with the specifications described in § 73.1215 for measuring the operating parameters of the last radio stage of the transmitter, and with such other instruments as are necessary for the proper adjustment, operation, and maintenance of the transmitting system. ( b ) The function of each instrument shall be clearly and permanently shown on the instrument itself or on the panel immediately adjacent thereto. ( c ) In the event that any one of these indicating instruments becomes defective, when no substitute which conforms with the required specifications is available, the station may be operated without the defective instrument pending its repair or replacement for a period not in excess of 60 days without further authority of the FCC, provided that: ( 1 ) If the defective instrument is the transmission line meter used for determining the output power by the direct method, the operating power shall be determined or maintained by the indirect method whenever possible or by using the operating parameters of the last radio stage of the transmitter during the time the station is operated without the transmission line meter. ( 2 ) If conditions beyond the control of the licensee prevent the restoration of the meter to service within the above allowed period, informal request in accordance with § 73.3549 may be filed for such additional time as may be required to complete repairs of the defective instrument. [ 41 FR 36818 , Sept. 1, 1976, as amended at 48 FR 38480 , Aug. 24, 1983; 49 FR 50048 , Dec. 26, 1984; 50 FR 26568 , June 27, 1985; 80 FR 53750 , Sept. 8, 2015; 89 FR 7253 , Feb. 1, 2024 ] § 73.699 TV engineering charts. This section consists of the following Figures: 1-5, 5a, 6-10, 10a-10e, 11-12, 13-16. Note: The charts as reproduced herein, due to their small scale, are not to be used in connection with material submitted to the FCC. Figures 3—8 [Reserved] Figures 11—15 [Reserved] [ 28 FR 13660 , Dec. 14, 1963, as amended at 36 FR 17429 , Aug. 31, 1971; 39 FR 40957 , Nov. 22, 1974; 40 FR 27684 , July 1, 1975; 41 FR 56326 , Dec. 28, 1976; 44 FR 36040 , June 20, 1979; 47 FR 3790 , Jan. 27, 1982; 47 FR 35990 , Aug. 18, 1982; 50 FR 13972 , Apr. 9, 1985; 50 FR 23701 , June 5, 1985; 50 FR 32205 , Aug. 9, 1985; 52 FR 11656 , Apr. 10, 1987; 54 FR 9807 , Mar. 8, 1989; 58 FR 29983 , May 25, 1993; 86 FR 66210 , Nov. 22, 2021; 89 FR 7253 ] Effective Date Note Effective Date Note: At 42 FR 25736 , May 19, 1977, the effective date of § 73.699 Figure 10e was stayed indefinitely. Subpart F—International Broadcast Stations § 73.701 Definitions. The following definitions apply to terminology employed in this subpart: ( a ) International broadcast stations. A broadcasting station employing frequencies allocated to the broadcasting service between 5900 and 26100 kHz, the transmissions of which are intended to be received directly by the general public in foreign countries. (A station may be authorized more than one transmitter.) There are both Federal and non-Federal Government international broadcast stations; only the latter are licensed by the Commission and are subject to the rules of this subpart. ( b ) Transmitter-hour. One frequency used on one transmitter for one hour. ( c ) Frequency-hour. One frequency used for one hour regardless of the number of transmitters over which it is simultaneously broadcast by a station during that hour. ( d ) Multiple operation. Broadcasting by a station on one frequency over two or more transmitters simultaneously. If a station uses the same frequency simultaneously on each of two (three, etc.) transmitters for an hour, it uses one frequency-hour and two (three, etc.) transmitter-hours. ( e ) Coordinated Universal Time (UTC). Time scale, based on the second (SI), as defined in Recommendation ITU-R TF.460-6. For most practical purposes associated with the ITU Radio Regulations, UTC is equivalent to mean solar time at the prime meridian (0° longitude), formerly expressed in GMT. (RR) ( f ) Sunspot number. The 12-month running average of the number of sunspots for any month as indicated in the U.S. Department of Commerce Telecommunications Research and Engineering Report No. 13—available from the Superintendent of Documents, Washington, DC 20402. The sunspot number varies in an approximate 11-year cycle. ( g ) Day. Any twenty-four hour period beginning 0100 UTC and ending 0100 UTC. ( h ) Schedule A. That portion of any year commencing at 0100 UTC on the last Sunday in March and ending at 0100 UTC on the last Sunday in October. ( i ) Schedule B. That portion of any year commencing at 0100 UTC on the last Sunday in October and ending at 0100 UTC on the last Sunday in March. ( j ) [Reserved] ( k ) Seasonal schedule. An assignment, for a season, of a frequency or frequencies, and other technical parameters, to be used by a station for transmission to particular zones or areas of reception during specified hours. ( l ) Reference month. That month of a season which is used for determining predicted propagation characteristics for the season. The reference month for Schedule A is July and the reference month for Schedule B is December. ( m ) Maximum usable frequency ( MUF ). The highest frequency which is returned by ionospheric radio propagation to the surface of the earth for a particular path and time of day for 50 percent of the days of the reference month. ( n ) Optimum working frequency ( FOT ). The highest frequency which is returned by ionospheric radio propagation to the surface of the earth for a particular path and time of day for 90 percent of the days of the reference month. Note: The international abbreviation for optimum working frequency, FOT, is formed with the initial letters of the French words for “optimum working frequency” which are “frequence optimum de travail.” ( o ) Zone of reception. Any geographic zone indicated in § 73.703 in which the reception of particular programs is specifically intended and in which broadcast coverage is contemplated. ( p ) Area of reception. Any geographic area smaller than a zone of reception in which the reception of particular programs is specifically intended and in which broadcast coverage is contemplated, such areas being indicated by countries or parts of countries. ( q ) Delivered median field strength, or field strength. The field strength incident upon the zone or area of reception expressed in microvolts per meter, or decibels above one microvolt per meter, which is exceeded by the hourly median value for 50 percent of the days of the reference month. ( r ) Carrier power. The average power supplied to the antenna transmission line by a transmitter during one radio frequency cycle under conditions of no modulation. [ 38 FR 18892 , July 16, 1973, as amended at 68 FR 25538 , May 13, 2003; 70 FR 46676 , Aug. 10, 2005] § 73.702 Assignment and use of frequencies. ( a ) Frequencies will be assigned by the Commission prior to the start of each season to authorized international broadcasting stations for use during the season at specified hours and for transmission to specified zones or areas of reception, with specified power and antenna bearing. Six months prior to the start of each season, licensees and permittees shall by informal written request, submitted to the Commission electronically in the International Communications Filing System (ICFS), indicate for the season the frequency or frequencies desired for transmission to each zone or area of reception specified in the license or permit, the specific hours during which it desires to transmit to such zones or areas on each frequency, and the power, antenna gain, and antenna bearing it desires to use. Requests will be honored to the extent that interference and propagation conditions permit and that they are otherwise in accordance with the provisions of this section. ( b ) After necessary processing of the requests required by paragraph (a) of this section, the Commission will notify each licensee and permittee of the frequencies, hours of use thereof to specified zones or areas of reception, power, and antenna bearing which it intends to authorize for the season in question. After receipt of such notification, the licensee or permittee shall, in writing, not later than two months before the start of the season in question, electronically inform the Commission in ICFS either that it plans to operate in accordance with the authorization which the Commission intends to issue, or that it plans to operate in another manner. If the licensee or permittee indicates that it plans to operate in another manner, it shall furnish explanatory details. ( c ) If after submitting the request required under the provisions of paragraph (a) of this section, but before receipt of the Commission's notification referred to in paragraph (b) of this section, the licensee or permittee submits a request for changes of its original request electronically in ICFS such requests will be accepted for consideration only if accompanied by statements showing good cause therefor and will be honored only if conditions permit. If the information required to be submitted by the licensee or permittee under the provisions of paragraph (b) of this section indicates that operation in another manner is contemplated, and the explanatory details contain a request for change in the originally proposed manner of operation, such requests will be accepted for consideration only if accompanied by statements showing good cause therefor and will be honored only if conditions permit. If after the licensee or permittee submits the information required under the provisions of paragraph (b) of this section, but before the start of the season in question, the licensee or permittee submits electronically in ICFS a request for changes in its manner of operation for the season in question, the request will be accepted for consideration only if accompanied by statements showing good cause therefor and will be honored only if conditions permit. If after the start of a season the licensee or permittee submits a request for changes in the manner of operation as authorized, the request will be considered only if accompanied by statements showing good cause therefor, and will be honored only if conditions permit. ( d ) The provisions of paragraphs (a), (b), and (c) of the section shall apply to licensees, to permittees operating under program test authority, and to permittees who anticipate applying for and receiving program test authority for operation during the specified season. Permittees who during the process of construction wish to engage in equipment tests shall by informal written request, submitted to the Commission electronically in ICFS not less than 30 days before they desire to begin such testing, indicate the frequencies they desire to use for testing and the hours they desire to use those frequencies. No equipment testing shall occur until the Commission has authorized frequencies and hours for such testing. Such authorizations shall be only for one season, and if it is desired to continue equipment testing in a following season, new requests for frequencies and hours must be submitted at least 30 days before it is desired to begin testing in the following season. ( e ) Within 14 days after the end of each season, a report shall be filed with the Commission electronically in ICFS by each licensee or permittee operating under program test authority who has been issued a seasonal schedule for that season. The report shall state whether the licensee or permittee has operated the number of frequency-hours authorized by the seasonal schedule to each of the zones or areas of reception specified in the schedule. If such operation has not occurred, a detailed explanation of that fact shall also be submitted which includes specific dates, frequency-hours not used, and reasons for the failure to operate as authorized. The report shall also contain information that has been received by the licensee or permittee as to reception or interference, and conclusions with regard to propagation characteristics of frequencies that were assigned for the season in question. ( f ) Assigned frequencies. To the extent practicable, the frequencies assigned to international broadcast stations shall be within the following frequency bands, which are allocated to the broadcasting service on a primary and exclusive basis, except as noted in paragraph (f)(1)(ii) of this section: ( 1 ) In all Regions: ( i ) Exclusive: 5,900-6,200 kHz; 7,300-7,350 kHz; 9,400-9,900 kHz; 11,600-12,100 kHz; 13,570-13,870 kHz; 15,100-15,800 kHz; 17,480-17,900 kHz; 18,900-19,020 kHz; 21,450-21,850 kHz; and 25,670-26,100 kHz. ( ii ) Co-primary: 7,350-7,400 kHz, except in the countries listed in 47 CFR 2.106 , footnote 5.143C, where this band is also allocated to the fixed service on a primary basis. ( 2 ) In Region 1 and Region 3: 7,200-7,300 kHz and 7,400-7,450 kHz. Note to paragraph ( f ): For the allocation of frequencies, the ITU has divided the world into three Regions, which are defined in 47 CFR 2.104(b) . The bands 7,200-7,300 kHz and 7,400-7,450 kHz are not allocated to the broadcasting service in Region 2. Subject to not causing harmful interference to the broadcasting service, fixed and mobile services may operate in certain of the international broadcasting bands; see 47 CFR 2.106 , footnotes 5.136, 5.143, 5.143A, 5.143B, 5.143D, 5.146, 5.147, and 5.151. ( g ) [Reserved] ( h ) Requirements for Regional operation. ( 1 ) Frequency assignments in the bands 7,200-7,300 kHz and 7,400-7,450 kHz shall be restricted to international broadcast stations in the Pacific insular areas that are located in Region 3 (as defined in 47 CFR 2.105(a) , note 3) that transmit to geographical zones and areas of reception in Region 1 or Region 3. ( 2 ) During the hours of 0800-1600 UTC (Coordinated Universal Time) antenna gain with reference to an isotropic radiator in any easterly direction that would intersect any area in Region 2 shall not exceed 2.15 dBi, except in the case where a transmitter power of less than 100 kW is used. In this case, antenna gain on restricted azimuths shall not exceed that which is determined in accordance with equation below. Stations desiring to operate in this band must submit sufficient antenna performance information electronically in ICFS to ensure compliance with these restrictions.Permitted gain for transmitter powers less than 100 kW: Where: Gi = maximum gain permitted with reference to an isotropic radiator. Pa = Transmitter power employed in kW. ( i ) Frequencies requested for assignment must be as near as practicable to the optimum working frequency (unless otherwise justified) for the zone or area of reception for the period and path of transmission, and should be chosen so that a given frequency will provide the largest period of reliable transmission to the selected zone or area of reception. Moreover, at the zone or area of reception frequencies shall provide protection to the transmissions of other broadcasting stations which, in the opinion of the Commission, have priority of assignment. ( 1 ) Requests for frequency-hours shall be accompanied by all pertinent technical data with reference to the frequencies and hours of operation, including calculated field strengths delivered to the zones or areas of reception. ( 2 ) It is preferable that calculated field strengths delivered to zones or areas of reception be equal to or greater than those required by I.F.R.B. Technical Standards, Series A (and supplements thereto), in order for the I.F.R.B. to afford the notified assignment protection from interference. Nevertheless, calculated field strengths less than those required by the I.F.R.B. standards for protection will be acceptable to the Commission. However, licensees should note that if such lesser field strengths are submitted no protection from interference will be provided by the I.F.R.B. if their technical examination of such notifications show incompatibilities with other notified assignments fully complying with I.F.R.B. technical standards. ( 3 ) Licensees are permitted to engage in multiple operation as defined in § 73.701(d) . ( 4 ) Seasonal requests for frequency-hours will be only for transmissions to zones or areas of reception specified in the basic instrument of authorization. Changes in such zones or areas will be made only on separate application for modification of such instruments made electronically in ICFS. ( j ) Not more than one frequency will be assigned for use at any one time for any one program transmission except in instances where a program is intended for reception in more than one zone or area of reception and the intended zones or areas cannot be served by a single frequency: Provided, however, That on a showing of good cause made electronically in ICFS a licensee may be authorized to operate on more than one frequency at any one time to transmit any one program to a single zone or area of reception. ( k ) Any frequency assigned to a licensee or permittee shall also be available for assignment to other licensees or permittees. ( l ) All assignments of frequencies and the hours during which they will be used will be made with the express understanding that they are subject to immediate cancellation or change without hearing whenever the Commission determines that interference or propagation conditions so require and that each frequency-hour assignment for a given seasonal schedule is unique unto itself and not necessarily available for use during a subsequent season. ( m ) The total maximum number of frequency-hours which will be authorized to all licensees of international broadcasting stations during any one day for any season is 100. The number of frequency-hours allocated to any licensee will depend on past usage, availability, and need. If for a forthcoming season the total of the requests for daily frequency-hours of all licensees exceeds 100, all licensees will be notified and each licensee that makes an adequate showing electronically in ICFS that good cause exists for not having its requested number of frequency-hours reduced and that operation of its station without such reduction would be consistent with the public interest may be authorized the frequency-hours requested. Note: The provisions of this paragraph are not to be construed to mean that a total of 100 (or more) frequency-hours per day is assured licensees. Frequency-hours will only be assigned to the extent that they are available. It is the responsibility of each licensee to make all technical studies to show that frequency-hours requested by it are available and suitable for use as proposed. [ 38 FR 18892 , July 16, 1973, as amended at 51 FR 9965 , Mar. 24, 1986; 68 FR 25538 , May 13, 2003; 70 FR 46676 , Aug. 10, 2005; 73 FR 25496 , May 6, 2008; 75 FR 63031 , Oct. 13, 2010; 86 FR 54399 , Oct. 1, 2021; 88 FR 21446 , Apr. 10, 2023] § 73.703 Geographical zones and areas of reception. The zones or areas of reception to be served by international broadcasting stations shall be based on the following map, and directive antennas shall be employed to direct transmissions thereto: [ 38 FR 18893 , July 16, 1973, as amended at 68 FR 25538 , May 13, 2003] § 73.712 Equipment tests. ( a ) During the process of construction of an international broadcasting station, the permittee, having obtained authorization for frequencies and hours as set forth in the Note to § 73.702(d) may, without further authority of the FCC, conduct equipment tests for the purpose of such adjustments and measurements as may be necessary to assure compliance with the terms of the construction permit, the technical provisions of the application therefor and the rules and regulations. Such tests shall use voice identification and test tones only. No programming shall be conducted during equipment tests. ( b ) The Commission may notify the permittee to conduct no tests or may cancel, suspend, or change the date for the beginning of equipment tests when and if such action may appear to be in the public interest, convenience, and necessity. ( c ) Equipment tests may be continued so long as the construction permit shall remain valid: Provided, however, That the procedure set forth in paragraph (a) of this section must be repeated prior to the conducting of such tests in each season after the season in which the testing began. ( d ) The authorization for tests embodied in this section shall not be construed as constituting a license to operate but as a necessary part of construction. [ 28 FR 13696 , Dec. 14, 1963, as amended at 37 FR 25842 , Dec. 5, 1972. Redesignated and amended at 38 FR 18894 , July 16, 1973; 47 FR 40174 , Sept. 13, 1982] § 73.713 Program tests. ( a ) Upon completion of construction of an international broadcasting station in accordance with the terms of the construction permit, the technical provisions of the application therefor, and the rules and regulations and the applicable engineering standards, and when an application for station license has been filed showing the station to be in satisfactory operating condition, the permittee may request authority to conduct program tests. Such request shall be electronically filed with the FCC in the International Communications Filing System (ICFS) at least 10 days prior to the date on which it is desired to begin such operation. All data necessary to show compliance with the terms and conditions of the construction permit must be filed with the license application. ( b ) Program tests shall not commence until specific Commission authority is received. The Commission reserves the right to change the date of the beginning of such tests or to suspend or revoke the authority for program tests as and when such action may appear to be in the public interest, convenience, and necessity. ( c ) Unless sooner suspended or revoked, program test authority continues valid during Commission consideration of the application for license and during this period further extension of the construction permit is not required. Program test authority shall be automatically terminated by final determination upon the application for station license. ( d ) All operation under program test authority shall be in strict compliance with the rules governing international broadcasting stations and in strict accordance with representations made in the application for license pursuant to which the tests were authorized. ( e ) The granting of program test authority shall not be construed as approval by the Commission of the application for station license. [ 38 FR 18894 , July 16, 1973, as amended at 47 FR 40174 , Sept. 13, 1982; 86 FR 54401 , Oct. 1, 2021; 88 FR 21447 , Apr. 10, 2023] § 73.731 Licensing requirements. ( a ) A license for an international broadcasting station will be issued only after a satisfactory showing has been made in regard to the following, among others: ( 1 ) That there is a need for the international broadcasting service proposed to be rendered. ( 2 ) That the necessary program sources are available to the applicant to render the international service proposed. ( 3 ) That the production of the program service and the technical operation of the proposed station will be conducted by qualified persons. ( 4 ) That the applicant is legally, technically and financially qualified and possesses adequate technical facilities to carry forward the service proposed. ( 5 ) That the public interest, convenience and necessity will be served through the operation of the proposed station. [ 38 FR 18895 , July 16, 1973] § 73.732 Authorizations. Authorizations issued to international broadcasting stations by the Commission will be authorizations to permit the construction or use of a particular transmitting equipment combination and related antenna systems for international broadcasting, and to permit broadcasting to zones or areas of reception specified on the instrument of authorization. The authorizations will not specify the frequencies to be used or the hours of use. Requests for frequencies and hours of use will be made by electronic filing in the International Communications Filing System (ICFS) as provided in § 73.702 . Seasonal schedules, when issued pursuant to the provisions of § 73.702 , will become attachments to and part of the instrument of authorization, replacing any such prior attachments. [ 88 FR 21447 , Apr. 10, 2023] § 73.733 Normal license period. All international broadcast station licenses will be issued so as to expire at the hour of 3 a.m. local time and will be issued for a normal period of 8 years expiring November 1. [ 62 FR 5347 , Feb. 5, 1997] § 73.751 Operating power. No international broadcast station shall be authorized to install, or be licensed for operation of, transmitter equipment with: ( a ) A rated carrier power of less than 50 kilowatts (kW) if double-sideband (DSB) modulation is used, ( b ) A peak envelope power of less than 50 kW if single-sideband (SSB) modulation is used, or ( c ) A mean power of less than 10 kW if digital modulation is used. [ 70 FR 46676 , Aug. 10, 2005] § 73.753 Antenna systems. All international broadcasting stations shall operate with directional antennas. Such antennas shall be designed and operated so that the radiated power in the maximum lobe toward the specific zone or area of reception intended to be served shall be at least 10 times the average power from the antenna in the horizontal plane. Radiation in all other directions shall be suppressed to the maximum extent technically feasible. In order to eliminate or mitigate harmful interference, the direction of the maximum lobe may be adjusted upon approval of the Commission. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 38 FR 18895 , July 16, 1973, as amended at 44 FR 65765 , Nov. 15, 1979] § 73.754 Frequency monitors. ( a ) The licensee of each international broadcast station shall operate a frequency monitor at the transmitter independent of the frequency control of the transmitter. ( b ) The frequency monitor shall be designed and constructed in accordance with good engineering practice. It shall have an accuracy sufficient to determine that the operating frequency is within one-half of the allowed tolerance. [ 37 FR 25842 , Dec. 5, 1972] § 73.755 Modulation monitors. The licensee of each international broadcast station shall have a modulation monitor in operation at the transmitter. [ 37 FR 25842 , Dec. 5, 1972] § 73.756 System specifications for double-sideband (DBS) modulated emissions in the HF broadcasting service. ( a ) Channel spacing. The nominal spacing for DSB shall be 10 kHz. However, the interleaved channels with a separation of 5 kHz may be used in accordance with the relative protection criteria, provided that the interleaved emission is not to the same geographical area as either of the emissions between which it is interleaved. ( b ) Emission characteristics — ( 1 ) Nominal carrier frequencies. Nominal carrier frequencies shall be integral multiples of 5 kHz. ( 2 ) Audio-frequency band. The upper limit of the audio-frequency band (at—3 dB) of the transmitter shall not exceed 4.5 kHz and the lower limit shall be 150 Hz, with lower frequencies attenuated at a slope of 6 dB per octave. ( 3 ) Modulation processing. If audio-frequency signal processing is used, the dynamic range of the modulating signal shall be not less than 20 dB. ( 4 ) Necessary bandwidth. The necessary bandwidth shall not exceed 9 kHz. [ 70 FR 46677 , Aug. 10, 2005] § 73.757 System specifications for single-sideband (SSB) modulated emissions in the HF broadcasting service. ( a ) System parameters — ( 1 ) Channel spacing. In a mixed DSB, SSB and digital environment (see Resolution 517 (Rev.WRC-03)), the channel spacing shall be 10 kHz. In the interest of spectrum conservation, it is also permissible to interleave SSB emissions midway between two adjacent DSB channels, i.e. , with 5 kHz separation between carrier frequencies, provided that the interleaved emission is not to the same geographical area as either of the emissions between which it is interleaved. In an all inclusive SSB environment, the channel spacing and carrier frequency separation shall be 5 kHz. ( 2 ) Equivalent sideband power. When the carrier reduction relative to peak envelope power is 6 dB, an equivalent SSB emission is one giving the same audio-frequency signal-to-noise ratio at the receiver output as the corresponding DSB emission, when it is received by a DSB receiver with envelope detection. This is achieved when the sideband power of the SSB emission is 3 dB larger than the total sideband power of the DSB emission. (The peak envelope power of the equivalent SSB emission and the carrier power are the same as that of the DSB emission.) ( b ) Emission characteristics — ( 1 ) Nominal carrier frequencies. Nominal carrier frequencies shall be integral multiples of 5 kHz. ( 2 ) Frequency tolerance. The frequency tolerance shall be 10 Hz. Note 1 to paragraph ( b )(2): The ITU suggests that administrations avoid carrier frequency differences of a few hertz, which cause degradations similar to periodic fading. This could be avoided if the frequency tolerance were 0.1 Hz, a tolerance which would be suitable for SSB emissions. Note 2 to paragraph ( b )(2): The SSB system adopted for the bands allocated exclusively to HF broadcasting does not require a frequency tolerance less than 10 Hz. The degradation mentioned in Note 1 occurs when the ratio of wanted-to-interfering signal is well below the required protection ratio. This remark is equally valid for both DSB and SSB emissions. ( 3 ) Audio-frequency band. The upper limit of the audio-frequency band (at—3 dB) of the transmitter shall not exceed 4.5 kHz with a further slope of attenuation of 35 dB/kHz and the lower limit shall be 150 Hz with lower frequencies attenuated at a slope of 6 dB per octave. ( 4 ) Modulation processing. If audio-frequency signal processing is used, the dynamic range of the modulating signal shall be not less than 20 dB. ( 5 ) Necessary bandwidth. The necessary bandwidth shall not exceed 4.5 kHz. ( 6 ) Carrier reduction (relative to peak envelope power). In a mixed DSB, SSB and digital environment, the carrier reduction shall be 6 dB to allow SSB emissions to be received by conventional DSB receivers with envelope detection without significant deterioration of the reception quality. ( 7 ) Sideband to be emitted. Only the upper sideband shall be used. ( 8 ) Attenuation of the unwanted sideband. The attenuation of the unwanted sideband (lower sideband) and of intermodulation products in that part of the emission spectrum shall be at least 35 dB relative to the wanted sideband signal level. However, since there is in practice a large difference between signal amplitudes in adjacent channels, a greater attenuation is recommended. [ 70 FR 46677 , Aug. 10, 2005] § 73.758 System specifications for digitally modulated emissions in the HF broadcasting service. ( a ) For digitally modulated emissions, the Digital Radio Mondiale (DRM) standard shall be employed. Both digital audio broadcasting and datacasting are authorized. The RF requirements for the DRM system are specified in paragraphs (b) and (c), of this section. ( b ) System parameters — ( 1 ) Channel spacing. The initial spacing for digitally modulated emissions shall be 10 kHz. However, interleaved channels with a separation of 5 kHz may be used in accordance with the appropriate protection criteria appearing in Resolution 543 (WRC-03), provided that the interleaved emission is not to the same geographical area as either of the emissions between which it is interleaved. ( 2 ) Channel utilization. Channels using digitally modulated emissions may share the same spectrum or be interleaved with analog emissions in the same high frequency broadcasting (HFBC) band, provided the protection afforded to the analog emissions is at least as great as that which is currently in force for analog-to-analog protection. Accomplishing this may require that the digital spectral power density (and total power) be lower by several dB than is currently used for either DSB or SSB emissions. ( c ) Emission characteristics — ( 1 ) Bandwidth and center frequency. A full digitally modulated emission will have a 10 kHz bandwidth with its center frequency at any of the 5 kHz center frequency locations in the channel raster currently in use within the HFBC bands. Among several possible “simulcast” modes are those having a combination of analog and digital emissions of the same program in the same channel, that may use a digital emission of 5 kHz or 10 kHz bandwidth, next to either a 5 kHz or 10 kHz analog emission. In all cases of this type, the 5 kHz interleaved raster used in HFBC shall be adhered to in placing the emission within these bands. ( 2 ) Frequency tolerance. The frequency tolerance shall be 10 Hz. See Section 73.757(b)(2) , notes 1 and 2. ( 3 ) Audio-frequency band. The quality of service, using digital source coding within a 10 kHz bandwidth, taking into account the need to adapt the emission coding for various levels of error avoidance, detection and correction, can range from the equivalent of monophonic FM (approximately 15 kHz) to the low-level performance of a speech codec (of the order of 3 kHz). The choice of audio quality is connected to the needs of the broadcaster and listener, and includes the consideration of such characteristics as the propagation conditions expected. There is no single specification, only the upper and lower bounds noted in this paragraph. ( 4 ) Modulation. Quadrature amplitude modulation (QAM) with orthogonal frequency division multiplexing (OFDM) shall be used. 64-QAM is feasible under many propagation conditions; others such as 32-, 16- and 8-QAM are specified for use when needed. ( 5 ) RF protection ratio values. The protection ratio values for analogue and digital emissions for co-channel and adjacent channel conditions shall be in accordance with Resolution 543 (WRC-03) as provisional RF protection ratio values subject to revision or confirmation by a future competent conference. [ 70 FR 46677 , Aug. 10, 2005] § 73.759 Auxiliary transmitters. Upon showing that a need exists for the use of auxiliary transmitters, a license may be issued provided that: ( a ) Auxiliary transmitters may be installed either at the same location as the main transmitters or at another location. ( b ) [Reserved] ( c ) The auxiliary transmitters shall be maintained so that they may be put into immediate operation at any time for the following purposes: ( 1 ) The transmission of the regular programs upon the failure of the main transmitters. ( 2 ) The transmission of regular programs during maintenance or modification work on the main transmitter, necessitating discontinuance of its operation for a period not to exceed 5 days. (This includes the equipment changes which may be made without authority as set forth elsewhere in the rules and regulations or as authorized by the Commission by letter or by construction permit. Where such operation is required for periods in excess of 5 days, request therefor shall be made electronically in the International Communications Filing System (ICFS) in accordance with § 73.3542 ). ( 3 ) Upon request by a duly authorized representative of the Commission. ( d ) The auxiliary transmitters shall be tested at least once each week to determine that they are in proper operating condition and that they are adjusted to the proper frequency except that in the case of operation in accordance with paragraph (c) of this section during any week, the test in that week may be omitted provided the operation under paragraph (c) of this section is satisfactory. A record shall be kept of the time and result of each test. Such records shall be retained for a period of two years. ( e ) The auxiliary transmitters shall be equipped with satisfactory control equipment which will enable the maintenance of the frequency emitted by the station within the limits prescribed by the regulations in this part. ( f ) The operating power of an auxiliary transmitter may be less but not greater than the authorized power of the main transmitters. [ 28 FR 13696 , Dec. 14, 1963, as amended at 37 FR 25843 , Dec. 5, 1972; 60 FR 55480 , Nov. 1, 1995. Redesignated at 70 FR 46677 , Aug. 10, 2005, as amended at 86 FR 54401 , Oct. 1, 2021; 88 FR 21447 , Apr. 10, 2023] § 73.760 Alternate main transmitters. The licensee of an international broadcast station may be licensed for alternate main transmitters provided that a technical need for such alternate transmitters is shown and that the following conditions are met: Both transmitters: ( a ) Are located at the same place; ( b ) Shall have the same power rating; and ( c ) Shall meet the construction, installation, operation, and performance requirements of good engineering practice. [ 37 FR 25843 , Dec. 5, 1972. Redesignated at 70 FR 46677 , Aug. 10, 2005] § 73.761 Modification of transmission systems. Specific authority, upon electronic filing of a formal application (FCC Form 309) therefor in the International Communications Filing System (ICFS), is required for any of the following changes: ( a ) Change involving an increase or decrease in the power rating of the transmitters. ( b ) A replacement of the transmitters as a whole. ( c ) Change in the location of the transmitting antenna. ( d ) Change in the power delivered to the antenna. ( e ) Change in frequency control and/or modulation system. ( f ) Change in direction or gain of antenna system. ( g ) Other changes, not specified above in this section, may be made at any time without the authority of the Commission: Provided, That the Commission shall be immediately notified electronically in ICFS thereof and such changes shall be shown in the next application for renewal of license. [ 86 FR 54401 , Oct. 1, 2021, as amended at 88 FR 21447 , Apr. 10, 2023] § 73.762 Time of operation. ( a ) All international broadcasting stations shall operate in accordance with the times indicated on their seasonal schedules. ( b ) In the event that causes beyond a licensee's control make it impossible to adhere to the seasonal schedule or to continue operating, the station may limit or discontinue operation for a period of not more than 10 days, without further authority from the FCC. However, in such cases, the FCC shall be immediately notified by electronic filing in the International Communications Filing System (ICFS) of such limitation or discontinuance of operation and shall subsequently be notified by electronic filing in ICFS when the station resumes regular operation. ( c ) In the event that causes beyond a licensee's control make it impossible to adhere to the seasonal schedule or to continue operating for a temporary period of more than 10 days, the station may not limit or discontinue operation until it requests and receives specific authority to do so from the FCC by electronic filing in ICFS. When the station subsequently resumes regular operation after such limited operation or discontinuance of operation, it shall notify the FCC in Washington, DC by electronic filing in ICFS. The license of a broadcasting station that fails to transmit broadcast signals for any consecutive 12-month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary. [ 38 FR 18895 , July 16, 1973, as amended at 47 FR 40174 , Sept. 13, 1982; 61 FR 28767 , June 6, 1996. Redesignated at 70 FR 46677 , Aug. 10, 2005; 86 FR 54401 , Oct. 1, 2021; 88 FR 21447 , Apr. 10, 2023] § 73.765 Determining operating power. The operating power specified in § 73.751 shall be determined by use of a calibrated dummy load or by any other method specified by the licensee and accepted by the Commission. Such method may subsequently be used by the licensee to maintain the authorized operating power. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 38 FR 18895 , July 16, 1973, as amended at 44 FR 65765 , Nov. 15, 1979] § 73.766 [Reserved] § 73.781 Logs. The licensee or permittee of each international broadcast station must maintain the station log in the following manner: ( a ) In the program log: ( 1 ) An entry of the time each station identification announcement (call letters and location) is made. ( 2 ) An entry briefly describing each program broadcast, such as “music”, “drama”, “speech”, etc., together with the name or title thereof, language, and the sponsor's name, with the time of the beginning and ending of the complete program. ( 3 ) For each program of network origin, an entry showing the name of the network originating the program. [ 28 FR 13696 , Dec. 14, 1963, as amended at 37 FR 25843 , Dec. 5, 1972; 48 FR 38480 , Aug. 24, 1983] § 73.782 Retention of logs. Logs of international broadcast stations shall be retained by the licensee or permittee for a period of two years: Provided, however, That logs involving communications incident to a disaster or which include communications incident to or involved in an investigation by the Commission and concerning which the licensee or permittee has been notified, shall be retained by the licensee or permittee until he is specifically authorized in writing by the Commission to destroy them: Provided, further, That logs incident to or involved in any claim or complaint of which the licensee or permittee has notice shall be retained by the licensee or permittee until such claim or complaint has been fully satisfied or until the same has been barred by statute limiting the time for the filing of suits upon such claims. [ 28 FR 13696 , Dec. 14, 1963] § 73.787 Station identification. ( a ) A licensee of an international broadcast station shall make station identification announcement (call letters and location), at the beginning and ending of each time of operation and during the operation on the hour. ( b ) Station identification, program announcements, and oral continuity shall be made with international significance (language particularly) which is designed for the foreign country or countries for which the service is primarily intended. [ 28 FR 13696 , Dec. 14, 1963, as amended at 34 FR 19762 , Dec. 17, 1969; 38 FR 18896 , July 16, 1973] § 73.788 Service; commercial or sponsored programs. ( a ) A licensee of an international broadcast station shall render only an international broadcast service which will reflect the culture of this country and which will promote international goodwill, understanding, and cooperation. Any program solely intended for and directed to an audience in the continental United States does not meet the requirements for this service. ( b ) Such international broadcast service may include commercial or sponsored programs: Provided, That: ( 1 ) Commercial program continuities give no more than the name of the sponsor of the program and the name and general character of the commodity, utility or service, or attraction advertised. ( 2 ) In case of advertising a commodity, the commodity is regularly sold or is being promoted for sale on the open market in the foreign country or countries to which the program is directed in accordance with paragraph (c) of this section. ( 3 ) In case of advertising an American utility or service to prospective tourists or visitors to the United States, the advertisement continuity is particularly directed to such persons in the foreign country or countries where they reside and to which the program is directed in accordance with paragraph (c) of this section. ( 4 ) In case of advertising an international attraction (such as a world fair, resort, spa, etc.) to prospective tourists or visitors to the United States, the oral continuity concerning such attraction is consistent with the purpose and intent of this section. ( 5 ) In case of any other type of advertising, such advertising is directed to the foreign country or countries to which the program is directed and is consistent with the purpose and intent of this section. ( c ) The geographic areas to be served by international broadcasting stations are the zones and areas of reception shown in § 73.703 . ( d ) An international broadcast station may transmit the program of a AM broadcast station or network system: Provided, That the conditions in paragraph (b) of this section as to any commercial continuities are observed and when station identifications are made, only the call letter designation of the international station is given and its assigned frequency: And provided further, That in the case of chain broadcasting the program is not carried simultaneously by another international station (except another station owned by the same licensee operated on a frequency in a different group to obtain continuity of signal service), the signals from which are directed to the same area. (See section 3(p) of the Communications Act of 1934 for the definition of “chain broadcasting.”) [ 28 FR 13696 , Dec. 14, 1963, as amended at 37 FR 25843 , Dec. 5, 1972; 38 FR 18896 , July 16, 1973] Subpart G—Low Power FM Broadcast Stations (LPFM) Source: 65 FR 7640 , Feb. 15, 2000, unless otherwise noted. § 73.801 Broadcast regulations applicable to LPFM stations. The following rules are applicable to LPFM stations: Section 73.201 Numerical definition of FM broadcast channels. Section 73.220 Restrictions on use of channels. Section 73.267 Determining operating power. Section 73.277 Permissible transmissions. Section 73.297 FM stereophonic sound broadcasting. Section 73.310 FM technical definitions. Section 73.312 Topographic data. Section 73.318 FM blanketing interference. Section 73.322 FM stereophonic sound transmission standards. Section 73.333 Engineering charts. Section 73.503 Licensing requirements and service. Section 73.508 Standards of good engineering practice. Section 73.593 Subsidiary communications services. Section 73.1015 Truthful written statements and responses to Commission inquiries and correspondence. Section 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. Section 73.1201 Station identification. Section 73.1206 Broadcast of telephone conversations. Section 73.1207 Rebroadcasts. Section 73.1208 Broadcast of taped, filmed, or recorded material. Section 73.1210 TV/FM dual-language broadcasting in Puerto Rico. Section 73.1211 Broadcast of lottery information. Section 73.1212 Sponsorship identification; list retention; related requirements. Section 73.1213 Antenna structure, marking and lighting. Section 73.1216 Licensee-conducted contests. Section 73.1217 Broadcast hoaxes. Section 73.1250 Broadcasting emergency information. Section 73.1300 Unattended station operation. Section 73.1400 Transmission system monitoring and control. Section 73.1520 Operation for tests and maintenance. Section 73.1540 Carrier frequency measurements. Section 73.1545 Carrier frequency departure tolerances. Section 73.1570 Modulation levels: AM, FM, and TV aural. Section 73.1580 Transmission system inspections. Section 73.1610 Equipment tests. Section 73.1620 Program tests. Section 73.1650 International agreements. Section 73.1660 Acceptability of broadcast transmitters. Section 73.1665 Main transmitters. Section 73.1692 Broadcast station construction near or installation on an AM broadcast tower. Section 73.1745 Unauthorized operation. Section 73.1750 Discontinuance of operation. Section 73.1920 Personal attacks. Section 73.1940 Legally qualified candidates for public office. Section 73.1941 Equal opportunities. Section 73.1943 Political file. Section 73.1944 Reasonable access. Section 73.3511 Applications required. Section 73.3512 Where to file; number of copies. Section 73.3513 Signing of applications. Section 73.3514 Content of applications. Section 73.3516 Specification of facilities. Section 73.3517 Contingent applications. Section 73.3518 Inconsistent or conflicting applications. Section 73.3519 Repetitious applications. Section 73.3520 Multiple applications. Section 73.3525 Agreements for removing application conflicts. Section 73.3539 Application for renewal of license. Section 73.3542 Application for emergency authorization. Section 73.3545 Application for permit to deliver programs to foreign stations. Section 73.3550 Requests for new or modified call sign assignments. Section 73.3561 Staff consideration of applications requiring Commission consideration. Section 73.3562 Staff consideration of applications not requiring action by the Commission. Section 73.3566 Defective applications. Section 73.3568 Dismissal of applications. Section 73.3580 Local public notice of filing of broadcast applications. Section 73.3584 Procedure for filing petitions to deny. Section 73.3587 Procedure for filing informal objections. Section 73.3588 Dismissal of petitions to deny or withdrawal of informal objections. Section 73.3589 Threats to file petitions to deny or informal objections. Section 73.3591 Grants without hearing. Section 73.3593 Designation for hearing. Section 73.3598 Period of construction. Section 73.3599 Forfeiture of construction permit. Section 73.3999 Enforcement of 18 U.S.C. 1464 —restrictions on the transmission of obscene and indecent material. [ 65 FR 7640 , Feb. 15, 2000, as amended at 84 FR 2758 , Feb. 8, 2019; 85 FR 36794 , June 18, 2020] § 73.805 Availability of channels. Except as provided in § 73.220 of this chapter , all of the frequencies listed in § 73.201 of this chapter are available for LPFM stations. § 73.807 Minimum distance separation between stations. Minimum separation requirements for LPFM stations are listed in the following paragraphs. Except as noted below, an LPFM station will not be authorized unless the co-channel, and first- and second-adjacent channel separations are met. An LPFM station need not satisfy the third-adjacent channel separations listed in paragraphs (a) through (c) of this section in order to be authorized. The third-adjacent channel separations are included for use in determining for purposes of § 73.810 which third-adjacent channel interference regime applies to an LPFM station. Minimum distances for co-channel and first-adjacent channel are separated into two columns. The left-hand column lists the required minimum separation to protect other stations and the right-hand column lists (for informational purposes only) the minimum distance necessary for the LPFM station to receive no interference from other stations assumed to be operating at the maximum permitted facilities for the station class. For second-adjacent channel, the required minimum distance separation is sufficient to avoid interference received from other stations. ( a ) ( 1 ) An LPFM station will not be authorized initially unless the minimum distance separations in the following table are met with respect to authorized FM stations, applications for new and existing FM stations filed prior to the release of the public notice announcing an LPFM window period, authorized LPFM stations, LPFM station applications that were timely-filed within a previous window, and vacant FM allotments. LPFM modification applications must either meet the distance separations in the following table or, if short-spaced, not lessen the spacing to subsequently authorized stations. Station class protected by LPFM Co-channel minimum separation (km) First-adjacent channel minimum separation (km) Second and third adjacent channel minimum separation (km) Required For no interference received from max. class facility Required For no interference received from max. class facility Required LPFM 24 24 14 14 None D 24 24 13 13 6 A 67 92 56 56 29 B1 87 119 74 74 46 B 112 143 97 97 67 C3 78 119 67 67 40 C2 91 143 80 84 53 C1 111 178 100 111 73 C0 122 193 111 130 84 C 130 203 120 142 93 ( 2 ) LPFM stations must satisfy the second-adjacent channel minimum distance separation requirements of paragraph (a)(1) of this section with respect to any third-adjacent channel FM station that, as of September 20, 2000, broadcasts a radio reading service via a subcarrier frequency. ( b ) In addition to meeting or exceeding the minimum separations in paragraph (a) of this section, new LPFM stations will not be autorized in Puerto Rico or the Virgin Islands unless the minimum distance separations in the following tables are met with respect to authorized or proposed FM stations: Station class protected by LPFM Co-channel minimum separation (km) First-adjacent channel minimum separation (km) Second and third adjacent channel minimum separation (km)—required Required For no interference received from max. class facility Required For no interference received from max. class facility A 80 111 70 70 42 B1 95 128 82 82 53 B 138 179 123 123 92 Note to paragraphs ( a ) and ( b ): Minimum distance separations towards “grandfathered” superpowered Reserved Band stations are as specified. Full service FM stations operating within the reserved band (Channels 201-220) with facilities in excess of those permitted in § 73.211(b)(1) or (b)(3) shall be protected by LPFM stations in accordance with the minimum distance separations for the nearest class as determined under § 73.211 . For example, a Class B1 station operating with facilities that result in a 60 dBu contour that exceeds 39 kilometers but is less than 52 kilometers would be protected by the Class B minimum distance separations. Class D stations with 60 dBu contours that exceed 5 kilometers will be protected by the Class A minimum distance separations. Class B stations with 60 dBu contours that exceed 52 kilometers will be protected as Class C1 or Class C stations depending upon the distance to the 60 dBu contour. No stations will be protected beyond Class C separations. ( c ) In addition to meeting the separations specified in paragraphs (a) and (b), LPFM applications must meet the minimum separation requirements in the following table with respect to authorized FM translator stations, cutoff FM translator applications, and FM translator applications filed prior to the release of the Public Notice announcing the LPFM window period. Distance to FM translator 60 dBu contour Co-channel minimum separation (km) First-adjacent channel minimum separation (km) Second and third adjacent channel minimum separation (km)—required Required For no interference received Required For no interference received 13.3 km or greater 39 67 28 35 21 Greater than 7.3 km, but less than 13.3 km 32 51 21 26 14 7.3 km or less 26 30 15 16 8 ( d ) Existing LPFM stations which do not meet the separations in paragraphs (a) through (c) of this section may be relocated provided that the separation to any short-spaced station is not reduced. ( e ) ( 1 ) Waiver of the second-adjacent channel separations. The Commission will entertain requests to waive the second-adjacent channel separations in paragraphs (a) through (c) of this section on a case-by-case basis. In each case, the LPFM station must establish, using methods of predicting interference taking into account all relevant factors, including terrain-sensitive propagation models, that its proposed operations will not result in interference to any authorized radio service. The LPFM station may do so by demonstrating that no actual interference will occur due to intervening terrain or lack of population. The LPFM station may use an undesired/desired signal strength ratio methodology to define areas of potential interference. ( 2 ) Interference. ( i ) Upon receipt of a complaint of interference from an LPFM station operating pursuant to a waiver granted under paragraph (e)(1) of this section, the Commission shall notify the identified LPFM station by telephone or other electronic communication within one business day. ( ii ) An LPFM station that receives a waiver under paragraph (e)(1) of this section shall suspend operation immediately upon notification by the Commission that it is causing interference to the reception of an existing or modified full-service FM station without regard to the location of the station receiving interference. The LPFM station shall not resume operation until such interference has been eliminated or it can demonstrate to the Commission that the interference was not due to emissions from the LPFM station. Short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures. ( f ) Commercial and noncommercial educational stations authorized under subparts B and C of this part , as well as new or modified commercial FM allotments, are not required to adhere to the separations specified in this rule section, even where new or increased interference would be created. ( g ) International considerations within the border zones. ( 1 ) Within 320 km of the Canadian border, LPFM stations must meet the following minimum separations with respect to any Canadian stations: Canadian station class Co-channel (km) First-adjacent channel (km) Second- adjacent channel (km) Third-adjacent channel (km) Intermediate frequency (IF) channel (km) A1 & Low Power 45 30 21 20 4 A 66 50 41 40 7 B1 78 62 53 52 9 B 92 76 68 66 12 C1 113 98 89 88 19 C 124 108 99 98 28 ( 2 ) Within 320 km of the Mexican border, LPFM stations must meet the following separations with respect to any Mexican stations: Mexican station class Co-channel (km) First-adjacent channel (km) Second- and third-adjacent channel (km) Intermediate frequency (IF) channel (km) Low Power 27 17 9 3 A 43 32 25 5 AA 47 36 29 6 B1 67 54 45 8 B 91 76 66 11 C1 91 80 73 19 C 110 100 92 27 ( 3 ) The Commission will notify the International Telecommunications Union (ITU) of any LPFM authorizations in the US Virgin Islands. Any authorization issued for a US Virgin Islands LPFM station will include a condition that permits the Commission to modify, suspend or terminate without right to a hearing if found by the Commission to be necessary to conform to any international regulations or agreements. ( 4 ) The Commission will initiate international coordination of a LPFM proposal even where the above Canadian and Mexican spacing tables are met, if it appears that such coordination is necessary to maintain compliance with international agreements. ( 5 ) ( i ) LPFM stations located within 125 kilometers of the Mexican border are limited to 50 watts (0.05 kW) ERP, a 60 dBu service contour of 8.7 kilometers and a 34 dBu interfering contour of 32 kilometers in the direction of the Mexican border. LPFM stations may operate up to 100 watts in all other directions. ( ii ) LPFM stations located between 125 kilometers and 320 kilometers from the Mexican border may operate in excess of 50 watts, up to a maximum ERP of 100 watts. However, in no event shall the location of the 60 dBu contour lie within 116.3 kilometers of the Mexican border. ( iii ) Applications for LPFM stations within 320 kilometers of the Canadian border may employ an ERP of up to a maximum of 100 watts. The distance to the 34 dBu interfering contour may not exceed 60 kilometers in any direction. [ 78 FR 2102 , Jan. 9, 2013, as amended at 85 FR 35573 , June 11, 2020] § 73.808 Distance computations. For the purposes of determining compliance with any LPFM distance requirements, distances shall be calculated in accordance with § 73.208(c) of this part . § 73.809 Interference protection to full service FM stations. ( a ) If a full service commercial or NCE FM facility application is filed subsequent to the filing of an LPFM station facility application, such full service station is protected against any condition of interference to the direct reception of its signal that is caused by such LPFM station operating on the same channel or first-adjacent channel provided that the interference is predicted to occur and actually occurs within: ( 1 ) The 3.16 mV/m (70 dBu) contour of such full service station; ( 2 ) The community of license of such full service station; or ( 3 ) Any area of the community of license of such full service station that is predicted to receive at least a 1 mV/m (60 dBu) signal. Predicted interference shall be calculated in accordance with the ratios set forth in § 73.215 paragraphs (a)(1) and (a)(2). Intermediate frequency (IF) channel interference overlap will be determined based upon overlap of the 91 dBu F(50,50) contours of the FM and LPFM stations. Actual interference will be considered to occur whenever reception of a regularly used signal is impaired by the signal radiated by the LPFM station. ( b ) An LPFM station will be provided an opportunity to demonstrate in connection with the processing of the commercial or NCE FM application that interference as described in paragraph (a) of this section is unlikely. If the LPFM station fails to so demonstrate, it will be required to cease operations upon the commencement of program tests by the commercial or NCE FM station. ( c ) Complaints of actual interference by an LPFM station subject to paragraphs (a) and (b) of this section must be served on the LPFM licensee and the Federal Communications Commission, attention Audio Services Division. The LPFM station must suspend operations within twenty-four hours of the receipt of such complaint unless the interference has been resolved to the satisfaction of the complainant on the basis of suitable techniques. An LPFM station may only resume operations at the direction of the Federal Communications Commission. If the Commission determines that the complainant has refused to permit the LPFM station to apply remedial techniques that demonstrably will eliminate the interference without impairment of the original reception, the licensee of the LPFM station is absolved of further responsibility for the complaint. ( d ) It shall be the responsibility of the licensee of an LPFM station to correct any condition of interference that results from the radiation of radio frequency energy outside its assigned channel. Upon notice by the FCC to the station licensee or operator that such interference is caused by spurious emissions of the station, operation of the station shall be immediately suspended and not resumed until the interference has been eliminated. However, short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures. ( e ) In each instance where suspension of operation is required, the licensee shall submit a full report to the FCC in Washington, DC, after operation is resumed, containing details of the nature of the interference, the source of the interfering signals, and the remedial steps taken to eliminate the interference. [ 65 FR 7640 , Feb. 15, 2000, as amended at 65 FR 67302 , Nov. 9, 2000; 73 FR 3216 , Jan. 17, 2008; 78 FR 2104 , Jan. 9, 2013] § 73.810 Third adjacent channel interference. ( a ) LPFM Stations Licensed at Locations That Do Not Satisfy Third-Adjacent Channel Minimum Distance Separations. An LPFM station licensed at a location that does not satisfy the third-adjacent channel minimum distance separations set forth in § 73.807 is subject to the following provisions: ( 1 ) Such an LPFM station will not be permitted to continue to operate if it causes any actual third-adjacent channel interference to: ( i ) The transmission of any authorized broadcast station; or ( ii ) The reception of the input signal of any TV translator, TV booster, FM translator or FM booster station; or ( iii ) The direct reception by the public of the off-the-air signals of any full-service station or previously authorized secondary station. Interference will be considered to occur whenever reception of a regularly used signal on a third-adjacent channel is impaired by the signals radiated by the LPFM station, regardless of the quality of such reception, the strength of the signal so used, or the channel on which the protected signal is transmitted. ( 2 ) If third-adjacent channel interference cannot be properly eliminated by the application of suitable techniques, operation of the offending LPFM station shall be suspended and shall not be resumed until the interference has been eliminated. Short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures. If a complainant refuses to permit the licensee of the offending LPFM station to apply remedial techniques which demonstrably will eliminate the third-adjacent channel interference without impairment to the original reception, the licensee is absolved of further responsibility for that complaint. ( 3 ) Upon notice by the Commission to the licensee that such third-adjacent channel interference is being caused, the operation of the LPFM station shall be suspended within three minutes and shall not be resumed until the interference has been eliminated or it can be demonstrated that the interference is not due to spurious emissions by the LPFM station; provided, however, that short test transmissions may be made during the period of suspended operation to check the efficacy of remedial measures. ( b ) LPFM stations licensed at locations that satisfy third-adjacent channel minimum distance separations. An LPFM station licensed at a location that satisfies the third-adjacent channel minimum distance separations set forth in § 73.807 is subject to the following provisions: ( 1 ) Interference complaints and remediation. ( i ) Such an LPFM station is required to provide copies of all complaints alleging that its signal is causing third-adjacent channel interference to or impairing the reception of the signal of a full power FM, FM translator or FM booster station to such affected station and to the Commission. ( ii ) A full power FM, FM translator or FM booster station shall review all complaints it receives, either directly or indirectly, from listeners regarding alleged third-adjacent channel interference caused by the operations of such an LPFM station. Such full power FM, FM translator or FM booster station shall also identify those that qualify as bona fide complaints under this section and promptly provide such LPFM station with copies of all bona fide complaints. A bona fide complaint: ( A ) Must include current contact information for the complainant; ( B ) Must state the nature and location of the alleged third-adjacent channel interference and must specify the call signs of the LPFM station and affected full power FM, FM translator or FM booster station, and the type of receiver involved; and ( C ) Must be received by either the LPFM station or the affected full power FM, FM translator or FM booster station within one year of the date on which the LPFM station commenced broadcasts with its currently authorized facilities. ( iii ) The Commission will accept bona fide complaints and will notify the licensee of the LPFM station allegedly causing third-adjacent channel interference to the signal of a full power FM, FM translator or FM booster station of the existence of the alleged interference within 7 calendar days of the Commission's receipt of such complaint. ( iv ) Such an LPFM station will be given a reasonable opportunity to resolve all complaints of third-adjacent channel interference within the protected contour of the affected full power FM, FM translator or FM booster station. A complaint will be considered resolved where the complainant does not reasonably cooperate with an LPFM station's remedial efforts. Such an LPFM station also is encouraged to address all other complaints of third-adjacent channel interference, including complaints based on interference to a full power FM, FM translator or FM booster station by the transmitter site of the LPFM station at any distance from the full power, FM translator or FM booster station. ( v ) In the event that the number of unresolved complaints of third-adjacent channel interference within the protected contour of the affected full power FM, FM translator or FM booster station plus the number of complaints for which the source of third-adjacent channel interference remains in dispute equals at least one percent of the households within one kilometer of the LPFM transmitter site or thirty households, whichever is less, the LPFM and affected stations must cooperate in an “on-off” test to determine whether the third-adjacent channel interference is traceable to the LPFM station. ( vi ) If the number of unresolved and disputed complaints of third-adjacent channel interference within the protected contour of the affected full power, FM translator or FM booster station exceeds the numeric threshold specified in paragraph (b)(1)(v) of this section following an “on-off” test, the affected station may request that the Commission initiate a proceeding to consider whether the LPFM station license should be modified or cancelled, which will be completed by the Commission within 90 days. Parties may seek extensions of the 90-day deadline consistent with Commission rules. ( vii ) An LPFM station may stay any procedures initiated pursuant to paragraph (b)(1)(vi) of this section by voluntarily ceasing operations and filing an application for facility modification within twenty days of the commencement of such procedures. ( 2 ) Periodic announcements. ( i ) For a period of one year from the date of licensing of a new LPFM station that is constructed on a third-adjacent channel and satisfies the third-adjacent channel minimum distance separations set forth in § 73.807 , such LPFM station shall broadcast periodic announcements. The announcements shall, at a minimum, alert listeners of the potentially affected third-adjacent channel station of the potential for interference, instruct listeners to contact the LPFM station to report any interference, and provide contact information for the LPFM station. The announcements shall be made in the primary language(s) of both the new LPFM station and the potentially affected third-adjacent channel station(s). Sample announcement language follows: On (date of license grant), the Federal Communications Commission granted (LPFM station's call letters) a license to operate. (LPFM station's call letters) may cause interference to the operations of (third-adjacent channel station's call letters) and (other third-adjacent channel stations' call letters). If you are normally a listener of (third-adjacent channel station's call letters) or (other third-adjacent channel station's call letters) and are having difficulty receiving (third-adjacent channel station call letters) or (other third-adjacent channel station's call letters), please contact (LPFM station's call letters) by mail at (mailing address) or by telephone at (telephone number) to report this interference. ( ii ) During the first thirty days after licensing of a new LPFM station that is constructed on a third-adjacent channel and satisfies the third-adjacent channel minimum distance separations set forth in Section 73.807 , the LPFM station must broadcast the announcements specified in paragraph (b)(2)(i) of this section at least twice daily. The first daily announcement must be made between the hours of 7 a.m. and 9 a.m., or 4 p.m. and 6 p.m. The LPFM station must vary the time slot in which it airs this announcement. For stations that do not operate at these times, the announcements shall be made during the first two hours of broadcast operations each day. The second daily announcement must be made outside of the 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. time slots. The LPFM station must vary the times of day in which it broadcasts this second daily announcement in order to ensure that the announcements air during all parts of its broadcast day. For stations that do not operate at these times, the announcements shall be made during the first two hours of broadcast operations each day. For the remainder of the one year period, the LPFM station must broadcast the announcements at least twice per week. The announcements must be broadcast between the hours of 7 a.m. and midnight. For stations that do not operate at these times, the announcements shall be made during the first two hours of broadcast operations each day. ( iii ) Any new LPFM station that is constructed on a third-adjacent channel and satisfies the minimum distance separations set forth in § 73.807 must: ( A ) notify the Audio Division, Media Bureau, and all affected stations on third-adjacent channels of an interference complaint. The notification must be made electronically within 48 hours after the receipt of an interference complaint by the LPFM station; and ( B ) cooperate in addressing any third-adjacent channel interference. [ 78 FR 2104 , Jan. 9, 2013, as amended at 85 FR 35573 , June 11, 2020] § 73.811 LPFM power and antenna height requirements. ( a ) Maximum facilities. LPFM stations will be authorized to operate with maximum facilities of 100 watts ERP at 30 meters HAAT. An LPFM station with a HAAT that exceeds 30 meters will not be permitted to operate with an ERP greater than that which would result in a 60 dBu contour of 5.6 kilometers. In no event will an ERP less than one watt be authorized. No facility will be authorized in excess of one watt ERP at 450 meters HAAT. ( b ) Minimum facilities. LPFM stations may not operate with facilities less than 50 watts ERP at 30 meters HAAT or the equivalent necessary to produce a 60 dBu contour that extends at least 4.7 kilometers. [ 78 FR 2105 , Jan. 9, 2013] § 73.812 Rounding of power and antenna heights. ( a ) Effective radiated power (ERP) will be rounded to the nearest watt on LPFM authorizations. ( b ) Antenna radiation center, antenna height above average terrain (HAAT), and antenna supporting structure height will all be rounded to the nearest meter on LPFM authorizations. § 73.813 Determination of antenna height above average terrain (HAAT). HAAT determinations for LPFM stations will be made in accordance with the procedure detailed in § 73.313(d) of this part . § 73.816 Antennas. ( a ) Permittees and licensees may employ nondirectional antennas with horizontal only polarization, vertical only polarization, circular polarization or elliptical polarization. ( b ) Permittees and licensees may employ directional antennas in the LPFM service, in accordance with paragraph (d) of this section. ( c ) [Reserved] ( d ) ( 1 ) Composite antennas and antenna arrays may be used where the total ERP does not exceed the maximum determined in accordance with § 73.811(a) . ( 2 ) Either horizontal, vertical, circular, or elliptical polarization may be used provided that the supplemental vertically polarized ERP required for circular or elliptical polarization does not exceed the ERP otherwise authorized. Either clockwise or counterclockwise rotation may be used. Separate transmitting antennas are permitted if both horizontal and vertical polarization is to be provided. ( 3 ) An application that specifies the use of a directional antenna must provide the information identified in § 73.316(c) except that such information shall not be required of: ( i ) Public safety and transportation permittees and licensees eligible pursuant to § 73.853(a)(2) using directional antennas in connection with operation of Travelers' Information Service stations; ( ii ) LPFM permittees and licensees proposing a waiver of the second-adjacent channel spacing requirements of § 73.807 for the sole purpose of justifying such a waiver; and ( iii ) LPFM permittees and licensees using directional antennas solely for the purpose of meeting the international border zone distance requirements of § 73.807(g) . [ 65 FR 67303 , Nov. 9, 2000, as amended at 78 FR 2106 , Jan. 9, 2013; 85 FR 35573 , June 11, 2020] § 73.825 Protection to reception of TV channel 6. The following spacing requirements will apply to LPFM applications on Channels 201 through 220 unless the application is accompanied by a written agreement between the LPFM applicant and each affected TV Channel 6 broadcast station concurring with the proposed LPFM facilities. ( a ) LPFM stations will be authorized on Channels 201 through 220 only if the pertinent minimum separation distances in the following table are met with respect to all full power TV Channel 6 stations. FM channel number LPFM to TV channel 6 (km) 201 140 202 138 203 137 204 136 205 135 206 133 207 133 208 133 209 133 210 133 211 133 212 132 213 132 214 132 215 131 216 131 217 131 218 131 219 130 220 130 ( b ) LPFM stations will be authorized on Channels 201 through 220 only if the pertinent minimum separation distances in the following table are met with respect to all low power TV, TV translator, and Class A TV stations authorized on TV Channel 6. FM channel number LPFM to TV channel 6 (km) 201 98 202 97 203 95 204 94 205 93 206 91 207 91 208 91 209 91 210 91 211 91 212 90 213 90 214 90 215 90 216 89 217 89 218 89 219 89 220 89 [ 65 FR 67303 , Nov. 9, 2000, as amended at 78 FR 2106 , Jan. 9, 2013; 85 FR 35573 , June 11, 2020] § 73.827 Interference to the input signals of FM translator or FM booster stations. ( a ) Interference to the direct reception of the input signal of an FM translator station. This subsection applies when an LPFM application proposes to operate near an FM translator station, the FM translator station is receiving its input signal off-air (either directly from the primary station or from a translator station) and the LPFM application proposes to operate on a third-adjacent channel to the station delivering an input signal to the translator station. In these circumstances, the LPFM station will not be authorized unless it is located at least 2 km from the FM translator station. In addition, in cases where an LPFM station is located within ±30 degrees of the azimuth between the FM translator station and its input signal, the LPFM station will not be authorized unless it is located at least 10 kilometers from the FM translator station. The provisions of this subsection will not apply if the LPFM applicant: ( 1 ) Demonstrates that no actual interference will occur due to an undesired (LPFM) to desired (station delivering signal to translator station) ratio below 34 dB at such translator station's receive antenna. ( 2 ) Complies with the minimum LPFM/FM translator distance separation calculated in accordance with the following formula: d u = 133.5 antilog [(P eu + G ru − G rd − E d )/20], where d u = the minimum allowed separation in km, P eu = LPFM ERP in dBW, G ru = gain (dBd) of the FM translator receive antenna in the direction of the LPFM site, G rd = gain (dBd) of the FM translator receive antenna in the direction of the primary station site, E d = predicted field strength (dBu) of the primary station at the translator site, or ( 3 ) Reaches an agreement with the licensee of the FM translator regarding an alternative technical solution. Note to paragraph ( a ): LPFM applicants may assume that an FM translator station's receive and transmit antennas are collocated. ( b ) An authorized LPFM station will not be permitted to continue to operate if an FM translator or FM booster station demonstrates that the LPFM station is causing actual interference to the FM translator or FM booster station's input signal, provided that the same input signal was in use or proposed in an application filed with the Commission prior to the release of the public notice announcing the dates for an LPFM application filing window and has been continuously in use or proposed since that time. ( c ) Complaints of actual interference by an LPFM station subject to paragraph (b) of this section must be served on the LPFM licensee and the Federal Communications Commission, Attention: Audio Division, Media Bureau. The LPFM station must suspend operations upon the receipt of such complaint unless the interference has been resolved to the satisfaction of the complainant on the basis of suitable techniques. Short test transmissions may be made during the period of suspended operations to check the efficacy of remedial measures. An LPFM station may only resume full operation at the direction of the Federal Communications Commission. If the Commission determines that the complainant has refused to permit the LPFM station to apply remedial techniques that demonstrably will eliminate the interference without impairment of the original reception, the licensee of the LPFM station is absolved of further responsibility for the complaint. [ 78 FR 2106 , Jan. 9, 2013, as amended at 78 FR 67317 , Nov. 12, 2013] § 73.840 Operating power and mode tolerances. The transmitter power output (TPO) of an LPFM station must be determined by the procedures set forth in § 73.267 of this part . The operating TPO of an LPFM station with an authorized TPO of more than ten watts must be maintained as near as practicable to its authorized TPO and may not be less than 90% of the minimum TPO nor greater than 105% of the maximum authorized TPO. An LPFM station with an authorized TPO of ten watts or less may operate with less than the authorized power, but not more than 105% of the authorized power. § 73.845 Transmission system operation. Each LPFM licensee is responsible for maintaining and operating its broadcast station in a manner that complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization. In the event that an LPFM station is operating in a manner that is not in compliance with the technical rules set forth elsewhere in this part or the terms of the station authorization, broadcast operation must be terminated within three hours. § 73.850 Operating schedule. ( a ) All LPFM stations will be licensed for unlimited time operation, except those stations operating under a time sharing agreement pursuant to § 73.872 . ( b ) All LPFM stations are required to operate at least 36 hours per week, consisting of at least 5 hours of operation per day on at least 6 days of the week; however, stations licensed to educational institutions are not required to operate on Saturday or Sunday or to observe the minimum operating requirements during those days designated on the official school calendar as vacation or recess periods. ( c ) All LPFM stations, including those meeting the requirements of paragraph (b) of this section, but which do not operate 12 hours per day each day of the year, will be required to share use of the frequency upon the grant of an appropriate application proposing such share time arrangement. Such applications must set forth the intent to share time and must be filed in the same manner as are applications for new stations. Such applications may be filed at any time after an LPFM station completes its third year of licensed operations. In cases where the licensee and the prospective licensee are unable to agree on time sharing, action on the application will be taken only in connection with a renewal application for the existing station filed on or after June 1, 2019. In order to be considered for this purpose, an application to share time must be filed no later than the deadline for filing petitions to deny the renewal application of the existing licensee. ( 1 ) The licensee and the prospective licensee(s) shall endeavor to reach an agreement for a definite schedule of periods of time to be used by each. Such agreement must be in writing and must set forth which licensee is to operate on each of the hours of the day throughout the year. Such agreement must not include simultaneous operation of the stations. Each licensee must file the same in triplicate with each application to the Commission for initial construction permit or renewal of license. Such written agreements shall become part of the terms of each station's license. ( 2 ) The Commission desires to facilitate the reaching of agreements on time sharing. However, if the licensees of stations authorized to share time are unable to agree on a division of time, the prospective licensee(s) must submit a statement with the Commission to that effect filed with the application(s) proposing time sharing. ( 3 ) After receipt of the type of application(s) described in paragraph (c)(2) of this section, the Commission will process such application(s) pursuant to §§ 73.3561 through 73.3568 of this Part . If any such application is not dismissed pursuant to those provisions, the Commission will issue a notice to the parties proposing a time-sharing arrangement and a grant of the time-sharing application(s). The licensee may protest the proposed action, the prospective licensee(s) may oppose the protest and/or the proposed action, and the licensee may reply within the time limits delineated in the notice. All such pleadings must satisfy the requirements of Section 309(d) of the Act. Based on those pleadings and the requirements of Section 309 of the Act, the Commission will then act on the time-sharing application(s) and the licensee's renewal application. ( 4 ) A departure from the regular schedule set forth in a time-sharing agreement will be permitted only in cases where a written agreement to that effect is reduced to writing, is signed by the licensees of the stations affected thereby, and is filed in triplicate by each licensee with the Commission, Attention: Audio Division, Media Bureau, prior to the time of the proposed change. If time is of the essence, the actual departure in operating schedule may precede the actual filing of the written agreement, provided that appropriate notice is sent to the Commission in Washington, DC, Attention: Audio Division, Media Bureau. ( d ) In the event that causes beyond the control of a permittee or licensee make it impossible to adhere to the operating schedule in paragraph (b) of this section or to continue operating, the station may limit or discontinue operation for a period not exceeding 30 days without further authority from the Commission provided that notification is sent to the Commission in Washington, DC, Attention: Audio Division, Media Bureau, no later than the 10th day of limited or discontinued operation. During such period, the permittee shall continue to adhere to the requirements of the station license pertaining to lighting of antenna structures. In the event normal operation is restored prior to the expiration of the 30 day period, the permittee or licensee will notify the FCC, Attention: Audio Division, of the date that normal operations resumed. If causes beyond the control of the permittee or licensee make it impossible to comply within the allowed period, Special Temporary Authority (see § 73.1635 ) must be requested to remain silent for such additional time as deemed necessary not to exceed, in total, 12 consecutive months (see § 73.873(b) ). [ 65 FR 7640 , Feb. 15, 2000, as amended at 78 FR 2106 , Jan. 9, 2013; 85 FR 35573 , June 11, 2020] § 73.853 Licensing requirements and service. ( a ) An LPFM station may be licensed only to: ( 1 ) Nonprofit educational organizations and upon a showing that the proposed station will be used for the advancement of an educational program; and ( 2 ) State and local governments and non-government entities that will provide non-commercial public safety radio services. ( 3 ) Tribal Applicants, as defined in paragraph (c) of this section that will provide non-commercial radio services. ( b ) Only local organizations will be permitted to submit applications and to hold authorizations in the LPFM service. For the purposes of this paragraph, an organization will be deemed local if it can certify, at the time of application, that it meets the criteria listed below and if it continues to satisfy the criteria at all times thereafter. ( 1 ) The applicant, its local chapter or branch is physically headquartered or has a campus within 16.1 km (10 miles) of the proposed site for the transmitting antenna for applicants in the top 50 urban markets, and 32.1 km (20 miles) for applicants outside of the top 50 urban markets; ( 2 ) It has 75% of its board members residing within 16.1 km (10 miles) of the proposed site for the transmitting antenna for applicants in the top 50 urban markets, and 32.1 km (20 miles) for applicants outside of the top 50 urban markets; or ( 3 ) In the case of any applicant proposing a public safety radio service, the applicant has jurisdiction within the service area of the proposed LPFM station. ( 4 ) In the case of a Tribal Applicant, as defined in paragraph (c) of this section, the Tribal Applicant's Tribal lands, as that term is defined in § 73.7000 , are within the service area of the proposed LPFM station. ( c ) A Tribal Applicant is a Tribe or an entity that is 51 percent or more owned or controlled by a Tribe or Tribes. For these purposes, Tribe is defined as set forth in § 73.7000 . [ 65 FR 7640 , Feb. 15, 2000, as amended at 73 FR 3216 , Jan. 17, 2008; 78 FR 2107 , Jan. 9, 2013] § 73.854 Unlicensed radio operations. No application for an LPFM station may be granted unless the applicant certifies, under penalty of perjury, that neither the applicant, nor any party to the application, has engaged in any manner, including individually or with persons, groups, organizations, or other entities, in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. 301 . If an application is dismissed pursuant to this section, the applicant is precluded from seeking nunc pro tunc reinstatement of the application and/or changing its directors to resolve the basic qualification issues. [ 85 FR 7889 , Feb. 12, 2020] § 73.855 Ownership limits. ( a ) No authorization for an LPFM station shall be granted to any party if the grant of that authorization will result in any such party holding an attributable interest in two or more LPFM stations. ( b ) Notwithstanding the general prohibition set forth in paragraph (a) of this section, Tribal Applicants, as defined in § 73.853(c) , may hold an attributable interest in up to two LPFM stations. ( c ) Notwithstanding the general prohibition set forth in paragraph (a) of this section, not-for-profit organizations and governmental entities with a public safety purpose may be granted multiple licenses if: ( 1 ) One of the multiple applications is submitted as a priority application; and ( 2 ) The remaining non-priority applications do not face a mutually exclusive challenge. [ 78 FR 2107 , Jan. 9, 2013] § 73.858 Attribution of LPFM station interests. Ownership and other interests in LPFM station permittees and licensees will be attributed to their holders and deemed cognizable for the purposes of §§ 73.855 and 73.860 , in accordance with the provisions of § 73.3555 , subject to the following exceptions: ( a ) A director of an entity that holds an LPFM license will not have such interest treated as attributable if such director also holds an attributable interest in a broadcast licensee or other media entity but recuses himself or herself from any matters affecting the LPFM station. ( b ) A local chapter of a national or other large organization shall not have the attributable interests of the national organization attributed to it provided that the local chapter is separately incorporated and has a distinct local presence and mission. ( c ) A parent or subsidiary of a LPFM licensee or permittee that is a non-stock corporation will be treated as having an attributable interest in such corporation. The officers, directors, and members of a non-stock corporation's governing body and of any parent or subsidiary entity will have such positional interests attributed to them. § 73.860 Cross-ownership. ( a ) Except as provided in paragraphs (b) , (c) and (d) of this section, no license shall be granted to any party if the grant of such authorization will result in the same party holding an attributable interest in any other non-LPFM broadcast station, including any FM translator or low power television station, or any other media subject to our broadcast ownership restrictions. ( b ) A party that is not a Tribal Applicant, as defined in § 73.853(c) , may hold attributable interests in one LPFM station and no more than two FM translator stations, two FM booster stations, or one FM translator station and one FM booster station provided that the following requirements are met: ( 1 ) The 60 dBu contour of the LPFM station overlaps the 60 dBu contour of the commonly-owned FM translator station(s) and entirely encompasses the 60 dBu service contour of the FM booster station(s); ( 2 ) The FM translator and/or booster station(s), at all times, synchronously rebroadcasts the primary analog signal of the commonly-owned LPFM station or, if the commonly-owned LPFM station operates in hybrid mode, synchronously rebroadcasts the digital HD-1 version of the LPFM station's signal; ( 3 ) The FM translator station receives the signal of the commonly-owned LPFM station over-the-air and directly from the commonly-owned LPFM station itself. The FM booster station receives the signal of the commonly-owned LPFM station by any means authorized in § 74.1231(i) of this chapter ; ( 4 ) The transmitting antenna of the FM translator and/or booster station(s) is located within 16.1 kilometers (10 miles) for LPFM stations located in the top 50 urban markets and 32.1 kilometers (20 miles) for LPFM stations outside the top 50 urban markets of either the transmitter site of the commonly-owned LPFM station or the reference coordinates for that station's community of license; and ( 5 ) Booster stations commonly owned by LPFM stations may conduct transmissions independent of those broadcast by the primary LPFM station for a period not to exceed three minutes of each broadcast hour. This is a strict hourly limit that may not be exceeded by aggregating unused minutes of program origination. ( c ) A party that is a Tribal Applicant, as defined in § 73.853(c) , may hold attributable interests in no more than two LPFM stations and four FM translator stations provided that the requirements set forth in paragraph (b) of this section are met. ( d ) Unless such interest is permissible under paragraphs (b) or (c) of this section, a party with an attributable interest in a broadcast radio station must divest such interest prior to the commencement of operations of an LPFM station in which the party also holds an interest. However, a party need not divest such an attributable interest if the party is a college or university that can certify that the existing broadcast radio station is not student run. This exception applies only to parties that: ( 1 ) Are accredited educational institutions; ( 2 ) Own an attributable interest in non-student run broadcast stations; and ( 3 ) Apply for an authorization for an LPFM station that will be managed and operated on a day-to-day basis by students of the accredited educational institution. ( e ) No LPFM licensee may enter into an operating agreement of any type, including a time brokerage or management agreement, with either a full power broadcast station or another LPFM station. [ 78 FR 2107 , Jan. 9, 2013, as amended at 85 FR 35573 , June 11, 2020; 89 FR 26702 , Apr. 16, 2024] § 73.865 Assignment and transfer of LPFM permits and licenses. ( a ) Assignment/transfer. No party may assign or transfer an LPFM permit or license if: ( 1 ) Consideration promised or received exceeds the legitimate and prudent expenses of the assignor or transferor. For purposes of this section, legitimate and prudent expenses are those expenses reasonably incurred by the assignor or transferor in obtaining and constructing the station (e.g., expenses in preparing an application, in obtaining and installing broadcast equipment to be assigned or transferred, etc.). Costs incurred in operating the station are not recoverable (e.g., rent, salaries, utilities, music licensing fees, etc.); ( 2 ) The assignee or transferee is incapable of satisfying all eligibility criteria that apply to a LPFM licensee; or ( 3 ) For a period of time commencing with the grant of any construction permit awarded based on the comparative point system, § 73.872 , and continuing until the station has achieved at least four years of on-air operations: ( i ) ( A ) The assignee or transferee cannot meet or exceed the points awarded to the initial applicant; or ( B ) Where the original LPFM construction permit was issued based on a point system tie-breaker, the assignee or transferee does not have a “locally established date,” as defined in § 73.853(b) , that is the same as, or earlier than, the date of the most recently established local applicant in the tied mutually exclusive (MX) group. ( ii ) Any successive applicants proposing to assign or transfer the construction permit or license prior to the end of the aforementioned period will be required to make the same demonstrations. This restriction does not apply to construction permits that are awarded to non-mutually exclusive applicants or through settlement. ( b ) Name change. A change in the name of an LPFM permittee or licensee where no change in ownership or control is involved may be accomplished by written notification by the permittee or licensee to the Commission. ( c ) Holding period. A construction permit cannot be assigned or transferred for 18 months from the date of issue. ( d ) Board changes. Notwithstanding the other provisions in this section, transfers of control involving a sudden or gradual change of more than 50 percent of an LPFM's governing board are not prohibited, provided that the mission of the entity remains the same and the requirements of paragraph (a) of this section are satisfied. Sudden majority board changes shall be submitted as a pro forma ownership change within 30 days of the change or final event that caused the LPFM permittee or licensee to exceed the 50 percent threshold. [ 85 FR 7889 , Feb. 12, 2020] § 73.870 Processing of LPFM broadcast station applications. ( a ) A minor change for an LPFM station authorized under this subpart is limited to transmitter site relocations not exceeding 11.2 kilometers or where the 60 dBu contour of the authorized facility overlaps the 60 dBu contour of the proposed facility. These distance limitations do not apply to amendments or applications proposing transmitter site relocation to a common location filed by applicants that are parties to a voluntary time-sharing agreement with regard to their stations pursuant to § 73.872(c) and (e) . These distance limitations also do not apply to an amendment or application proposing transmitter site relocation to a common location or a location very close to another station operating on a third-adjacent channel in order to remediate interference to the other station; provided, however, that the proposed relocation is consistent with all localism certifications made by the applicant in its original application for the LPFM station. Minor changes of LPFM stations may include: ( 1 ) Changes in frequency to adjacent or IF frequencies (± 1, 2, 3, 53 or 54 channels) or, upon a technical showing of reduced interference, to any frequency; and ( 2 ) Amendments to time-sharing agreements, including universal agreements that supersede involuntary arrangements. ( b ) The Commission will specify by Public Notice a window filing period for applications for new LPFM stations and major modifications in the facilities of authorized LPFM stations. LPFM applications for new facilities and for major modifications in authorized LPFM stations will be accepted only during the appropriate window. Applications submitted prior to the window opening date identified in the Public Notice will be returned as premature. Applications submitted after the deadline will be dismissed with prejudice as untimely. ( c ) Applications subject to paragraph (b) of this section that fail to meet the § 73.807 minimum distance separations with respect to all applications and facilities in existence as the date of the pertinent public notice in paragraph (b) of this section other than to LPFM station facilities proposed in applications filed in the same window, will be dismissed without any opportunity to amend such applications. ( d ) Following the close of the window, the Commission will issue a Public Notice of acceptance for filing of applications submitted pursuant to paragraph (b) of this section that meet technical and legal requirements and that are not in conflict with any other application filed during the window. Following the close of the window, the Commission also will issue a Public Notice of the acceptance for filing of all applications tentatively selected pursuant to the procedures for mutually exclusive LPFM applications set forth at § 73.872 . Petitions to deny such applications may be filed within 30 days of such public notice and in accordance with the procedures set forth at § 73.3584 . A copy of any petition to deny must be served on the applicant. ( e ) Minor change LPFM applications may be filed at any time, unless restricted by the staff, and generally, will be processed in the order in which they are tendered. Such applications must meet all technical and legal requirements applicable to new LPFM station applications. ( f ) New entrants seeking to apply for unused or unwanted time on a time-sharing frequency will only be accepted during an open filing window, specified pursuant to paragraph (b) of this section. [ 65 FR 7640 , Feb. 15, 2000, as amended at 65 FR 67304 , Nov. 9, 2000; 70 FR 39186 , July 7, 2005; 73 FR 3217 , Jan. 17, 2008; 78 FR 2108 , Jan. 9, 2013; 85 FR 35574 , June 11, 2020] § 73.871 Amendment of LPFM broadcast station applications. ( a ) New and major change applications may be amended without limitation during the pertinent filing window. ( b ) Amendments that would improve the comparative position of new and major change applications will not be accepted after the close of the pertinent filing window. ( c ) Only minor amendments to new and major change applications will be accepted after the close of the pertinent filing window. Subject to the provisions of this section, such amendments may be filed as a matter of right by the date specified in the FCC's Public Notice announcing the acceptance of such applications. For the purposes of this section, minor amendments are limited to: ( 1 ) Site relocations of 11.2 kilometers or less; ( 2 ) Site relocations that involve overlap between the 60 dBu service contours of the currently authorized and proposed facilities; ( 3 ) Changes in ownership where the original party or parties to an application either: ( i ) Retain more than a 50 percent ownership interest in the application as originally filed; ( ii ) Retain an ownership interest of 50 percent or less as the result of governing board changes in a nonstock or membership applicant that occur over a period of six months or more; or ( iii ) Retain an ownership interest of 50 percent or less as the result of governing board changes in a nonstock or membership applicant that occur over a period of less than six months and there is no evidence of a takeover concern or a significant effect on such organization's mission. All changes in a governmental applicant are considered minor; ( 4 ) Universal voluntary time-sharing agreements to apportion vacant time among the licensees; ( 5 ) Other changes in general and/or legal information; ( 6 ) Filings proposing transmitter site relocation to a common location submitted by applications that are parties to a voluntary time-sharing agreement with regard to their stations pursuant to § 73.872 (c) and (e) ; and ( 7 ) Filings proposing transmitter site relocation to a common location or a location very close to another station operating on a third-adjacent channel in order to remediate interference to the other station. ( d ) Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. [ 66 FR 23863 , May 10, 2001, as amended at 70 FR 39186 , July 7, 2005; 73 FR 3217 , Jan. 17, 2008; 78 FR 2108 , Jan. 9, 2013; 85 FR 7889 , Feb. 12, 2020; 85 FR 35574 , June 11, 2020] § 73.872 Selection procedure for mutually exclusive LPFM applications. ( a ) Following the close of each window for new LPFM stations and for modifications in the facilities of authorized LPFM stations, the Commission will issue a public notice identifying all groups of mutually exclusive applications. Such applications will be awarded points to determine the tentative selectee. Unless resolved by settlement pursuant to paragraph (e) of this section, the tentative selectee will be the applicant within each group with the highest point total under the procedure set forth in this section, except as provided in paragraphs (c) and (d) of this section . ( b ) Each mutually exclusive application will be awarded one point for each of the following criteria, based on certifications that the qualifying conditions are met and submission of any required documentation: ( 1 ) Established community presence. An applicant must, for a period of at least two years prior to application and at all times thereafter, have qualified as local pursuant to § 73.853(b) . Applicants claiming a point for this criterion must submit any documentation specified in FCC Form 318 at the time of filing their applications. ( 2 ) Local program origination. The applicant must pledge to originate locally at least eight hours of programming per day. For purposes of this criterion, local origination is the production of programming by the licensee, within ten miles of the coordinates of the proposed transmitting antenna. Local origination includes licensee produced call-in shows, music selected and played by a disc jockey present on site, broadcasts of events at local schools, and broadcasts of musical performances at a local studio or festival, whether recorded or live. Local origination does not include the broadcast of repetitive or automated programs or time-shifted recordings of non-local programming whatever its source. In addition, local origination does not include a local program that has been broadcast twice, even if the licensee broadcasts the program on a different day or makes small variations in the program thereafter. ( 3 ) Main studio. The applicant must pledge to maintain a publicly accessible main studio that has local program origination capability, is reachable by telephone, is staffed at least 20 hours per week between 7 a.m. and 10 p.m., and is located within 16.1 km (10 miles) of the proposed site for the transmitting antenna for applicants in the top 50 urban markets and 32.1 km (20 miles) for applicants outside the top 50 urban markets. Applicants claiming a point under this criterion must specify the proposed address and telephone number for the proposed main studio in FCC Form 318 at the time of filing their applications. ( 4 ) Local program origination and main studio. The applicant must make both the local program origination and main studio pledges set forth in paragraphs (b)(2) and (3) of this section. ( 5 ) Diversity of ownership. An applicant must hold no attributable interests in any other broadcast station. ( 6 ) Tribal Applicants serving Tribal Lands. The applicant must be a Tribal Applicant, as defined in § 73.853(c) , and the proposed site for the transmitting antenna must be located on that Tribal Applicant's “Tribal Lands,” as defined in § 73.7000 . Applicants claiming a point for this criterion must submit the documentation set forth in FCC Form 318 at the time of filing their applications. ( c ) Voluntary time-sharing. If mutually exclusive applications have the same point total, no more than three of the tied applicants may propose to share use of the frequency by electronically submitting, within 90 days of the release of a public notice announcing the tie, a time-share proposal. Such proposals shall be treated as minor amendments to the time-share proponents' applications and shall become part of the terms of the station authorization. Where such proposals include all of the tied applications, all of the tied applications will be treated as tentative selectees; otherwise, time-share proponents' points will be aggregated. Applicants may agree, at any time before the Media Bureau implements the involuntary time-share procedures pursuant to paragraph (d) of this section, to aggregate their points to enter into a time-share agreement. Applicants can only aggregate their points and submit a time-share agreement if each is designated a tentative selectee in the same mutually exclusive group, and if each applicant has the basic qualifications to receive a grant of its application. ( 1 ) Time-share proposals shall be in writing and signed by each time-share proponent, and shall satisfy the following requirements: ( i ) The proposal must specify the proposed hours of operation of each time-share proponent; ( ii ) The proposal must not include simultaneous operation of the time-share proponents; and ( iii ) Each time-share proponent must propose to operate for at least 10 hours per week. ( 2 ) Where a station is authorized pursuant to a time-sharing proposal, a change of the regular schedule set forth therein will be permitted only where a written agreement signed by each time-sharing permittee or licensee and complying with requirements in paragraphs (c)(1)(i) through (iii) of this section is filed with the Commission, Attention: Audio Division, Media Bureau, prior to the date of the change. ( 3 ) Where a station is authorized pursuant to a voluntary time-sharing proposal, the parties to the time-sharing agreement may apportion among themselves any air time that, for any reason, becomes vacant. ( 4 ) Concurrent license terms granted under paragraph (d) of this section may be converted into voluntary time-sharing arrangements renewable pursuant to § 73.3539 by submitting a universal time-sharing proposal. ( 5 ) In the event a tentatively accepted time-share agreement is dismissed, the Commission staff will release another public notice, initiating a second 90-day period for all remaining tentative selectees within the affected MX group to enter into either a voluntary time-share arrangement or a universal settlement in accordance with paragraph (c) or (e) of this section. If the tie is not resolved in accordance with paragraph (c) or (e) of this section, the tied applications will be reviewed for acceptability, and applicants with tied, grantable applications will be eligible for involuntary time-sharing in accordance with paragraph (d) of this section. ( d ) Involuntary time-sharing. ( 1 ) If a tie among mutually exclusive applications is not resolved through voluntary time-sharing in accordance with paragraph (c) of this section, the tied applications will be reviewed for acceptability. Applicants with tied, grantable applications will be eligible for equal, concurrent, non-renewable license terms. ( 2 ) If a mutually exclusive group has three or fewer tied, grantable applications, the Commission will simultaneously grant these applications, assigning an equal number of hours per week to each applicant. The Commission will determine the hours assigned to each applicant by first assigning hours to the applicant that has been local, as defined in § 73.853(b) , for the longest uninterrupted period of time, then assigning hours to the applicant that has been local for the next longest uninterrupted period of time, and finally assigning hours to any remaining applicant. The Commission will offer applicants an opportunity to voluntarily reach a time-sharing agreement. In the event that applicants cannot reach such agreement, the Commission will require each applicant subject to involuntary time-sharing to simultaneously and confidentially submit their preferred time slots to the Commission. If there are only two tied, grantable applications, the applicants must select between the following 12-hour time slots 3 a.m.-2:59 p.m., or 3 p.m.-2:59 a.m. If there are three tied, grantable applications, each applicant must rank their preference for the following 8-hour time slots: 2 a.m.-9:59 a.m., 10 a.m.-5:59 p.m., and 6 p.m.-1:59 a.m. The Commission will require the applicants to certify that they did not collude with any other applicants in the selection of time slots. The Commission will give preference to the applicant that has been local for the longest uninterrupted period of time. The Commission will award time in units as small as four hours per day. In the event an applicant neglects to designate its preferred time slots, staff will select a time slot for that applicant. ( 3 ) Groups of more than three tied, grantable applications will not be eligible for licensing under this section. Where such groups exist, the Commission will dismiss all but the applications of the three applicants that have been local, as defined in § 73.853(b) , for the longest uninterrupted periods of time. The Commission then will process the remaining applications as set forth in paragraph (d)(2) of this section. ( 4 ) If concurrent license terms granted under this section are converted into universal voluntary time-sharing arrangements pursuant to paragraph (c)(4) of this section, the permit or license is renewable pursuant to §§ 73.801 and 73.3539 . ( e ) Settlements. Mutually exclusive applicants may propose a settlement at any time during the selection process after the release of a public notice announcing the mutually exclusive groups. Settlement proposals must comply with the Commission's rules and policies regarding settlements, including the requirements of §§ 73.3525 , 73.3588 and 73.3589 . Settlement proposals may include time-share agreements that comply with the requirements of paragraph (c) of this section, provided that such agreements may not be filed for the purpose of point aggregation outside of the 90 day period set forth in paragraph (c) of this section. [ 65 FR 7640 , Feb. 15, 2000, as amended at 65 FR 67304 , Nov. 9, 2000; 67 FR 13232 , Mar. 21, 2002; 73 FR 3217 , Jan. 17, 2008; 78 FR 2108 , Jan. 9, 2013; 85 FR 7889 , Feb. 12, 2020] § 73.873 LPFM license period. ( a ) Initial licenses for LPFM stations will be issued for a period running until the date specified in § 73.1020 for full service stations operating in the LPFM station's state or territory, or if issued after such date, determined in accordance with § 73.1020 . ( b ) The license of an LPFM station that fails to transmit broadcast signals for any consecutive 12-month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary. [ 78 FR 2109 , Jan. 9, 2013] § 73.875 Modification of transmission systems. The following procedures and restrictions apply to licensee modifications of authorized broadcast transmission system facilities. ( a ) The following changes are prohibited: ( 1 ) Those that would result in the emission of signals outside of the authorized channel exceeding limits prescribed for the class of service. ( 2 ) Those that would cause the transmission system to exceed the equipment performance measurements prescribed in § 73.508 . ( b ) The following changes may be made only after the grant of a construction permit application on FCC Form 318. ( 1 ) Any construction of a new tower structure for broadcast purposes, except for replacement of an existing tower with a new tower of identical height and geographic coordinates. ( 2 ) Any change in station geographic coordinates, including coordinate corrections and any move of the antenna to another tower structure located at the same coordinates. ( 3 ) Any change in antenna height more than 2 meters above or 4 meters below the authorized value. ( 4 ) Any change in channel. ( c ) The following LPFM modifications may be made without prior authorization from the Commission. A modification of license application (FCC Form 319) must be submitted to the Commission within 10 days of commencing program test operations pursuant to § 73.1620 . For applications filed pursuant to paragraph (c)(1) of this section, the modification of license application must contain an exhibit demonstrating compliance with the Commission's radiofrequency radiation guidelines. In addition, for applications filed solely pursuant to paragraphs (c)(1) or (2) of this section, where the installation is on or near an AM tower, as defined in § 1.30002 , an exhibit demonstrating compliance with § 1.30003 or § 1.30002 , as applicable, is also required. ( 1 ) Replacement of an antenna with one of the same or different number of antenna bays, provided that the height of the antenna radiation center is not more than 2 meters above or 4 meters below the authorized values. Program test operations at the full authorized ERP may commence immediately upon installation pursuant to § 73.1620(a)(1) . ( 2 ) Replacement of a transmission line with one of a different type or length which changes the transmitter operating power (TPO) from the authorized value, but not the ERP, must be reported in a license modification application to the Commission. ( 3 ) Changes in the hours of operation of stations authorized pursuant to time-share agreements in accordance with § 73.872 . [ 65 FR 7640 , Feb. 15, 2000, as amended at 78 FR 66298 , Nov. 5, 2013] § 73.877 Station logs for LPFM stations. The licensee of each LPFM station must maintain a station log. Each log entry must include the time and date of observation and the name of the person making the entry. The following information must be entered in the station log: ( a ) Any extinguishment or malfunction of the antenna structure obstruction lighting, adjustments, repairs, or replacement to the lighting system, or related notification to the FAA. See §§ 17.48 and 73.49 of this chapter . ( b ) Brief explanation of station outages due to equipment malfunction, servicing, or replacement; ( c ) Operations not in accordance with the station license; and ( d ) EAS weekly log requirements set forth in § 11.61(a)(1)(v) of this chapter . [ 65 FR 67304 , Nov. 9, 2000] § 73.878 Station inspections by FCC; availability to FCC of station logs and records. ( a ) The licensee of a broadcast station shall make the station available for inspection by representatives of the FCC during the station's business hours, and at any time it is in operation. In the course of an inspection or investigation, an FCC representative may require special equipment or program tests. ( b ) Station records and logs shall be made available for inspection or duplication at the request of the FCC or its representatives. Such logs or records may be removed from the licensee's possession by an FCC representative or, upon request, shall be mailed by the licensee to the FCC by either registered mail, return receipt requested, or certified mail, return receipt requested. The return receipt shall be retained by the licensee as part of the station records until such records or logs are returned to the licensee. A receipt shall be furnished when the logs or records are removed from the licensee's possession by an FCC representative and this receipt shall be retained by the licensee as part of the station records until such records or logs are returned to the licensee. When the FCC has no further need for such records or logs, they shall be returned to the licensee. The provisions of this rule shall apply solely to those station logs and records that are required to be maintained by the provisions of this part. ( 1 ) Where records or logs are maintained as the official records of a recognized law enforcement agency and the removal of the records from the possession of the law enforcement agency will hinder its law enforcement activities, such records will not be removed pursuant to this section if the chief of the law enforcement agency promptly certifies in writing to the FCC that removal of the logs or records will hinder law enforcement activities of the agency, stating insofar as feasible the basis for his decision and the date when it can reasonably be expected that such records will be released to the FCC. § 73.879 Signal retransmission. An LPFM licensee may not retransmit, either terrestrially or via satellite, the signal of a full-power radio broadcast station. § 73.881 Equal employment opportunities. General EEO policy. Equal employment opportunity shall be afforded by all LPFM licensees and permittees to all qualified persons, and no person shall be discriminated against because of race, color , religion, national origin, or sex. Subpart H—Rules Applicable to All Broadcast Stations § 73.1001 Scope. ( a ) The rules in this subpart are common to all AM, FM, TV and Class A TV broadcast services, commercial and noncommercial. ( b ) Rules in part 73 applying exclusively to a particular broadcast service are contained in the following: AM, subpart A; FM, subpart B; Noncommercial Educational FM, subpart C; TV, subpart E; LPFM, subpart G; and Class A TV, subpart J. ( c ) Certain provisions of subpart H of this part apply to International Broadcast Stations (subpart F, part 73), LPFM (subpart G, part 73), and Low Power TV and TV Translator Stations (subpart G, part 74) where the rules for those services so provide. ( d ) The provisions of this part applying to licensees also apply to holders of construction permits (permittees). [ 43 FR 32781 , July 28, 1978, as amended at 52 FR 31399 , Aug. 20, 1987; 65 FR 7648 , Feb. 15, 2000; 65 FR 30003 , May 10, 2000; 89 FR 7253 , Feb. 1, 2024] § 73.1010 Cross reference to rules in other parts. Certain rules applicable to broadcast services, some of which are also applicable to other services, are set forth in the following Parts of the FCC Rules and Regulations. ( a ) Part 1, “Practice and Procedure.” ( 1 ) Subpart A, “General Rules of Practice and Procedure”. ( §§ 1.1 to 1.117 ). ( 2 ) Subpart B, “Hearing Proceedings”. ( §§ 1.201 to 1.364 ) ( 3 ) Subpart C, “Rulemaking Proceedings”. ( §§ 1.399 to 1.430 ). ( 4 ) Subpart G, “Schedule of Statutory Charges and Procedures for Payment”. ( §§ 1.1101 to 1.1117 .) ( 5 ) Subpart H, “Ex Parte Communications”. ( §§ 1.1200 to 1.1216 ). ( 6 ) Subpart I, “Procedures Implementing the National Environmental Policy Act of 1969”. ( §§ 1.1301 to 1.1319 ). ( 7 ) Subpart P, “Implementation of the Anti-Drug Abuse Act of 1988”. ( §§ 1.2001-1.2003 .) ( 8 ) Subpart Q, “Competitive Bidding Proceedings” ( §§ 1.2101-1.2112 ). ( 9 ) Subpart T, “Foreign Ownership of Broadcast, Common Carrier, Aeronautical En Route, and Aeronautical Fixed Radio Station Licensees”. ( §§ 1.5000 to 1.5004 ). ( 10 ) Part 1, Subpart W of this chapter , “FCC Registration Number”. ( §§ 1.8001-1.8005 ). ( b ) Part 2, “Frequency Allocations and Radio Treaty Matters, General Rules and Regulations”, including Subparts A, “Terminology”; B, “Allocation, Assignments and Use of Radio Frequencies”; C, “Emissions”; D, “Call Signs and Other Forms of Identifying Radio Transmissions”; and J, “Equipment Authorization Procedures”. ( c ) [Reserved] ( d ) Part 17, “Construction, Marking and Lighting of Antenna Structures”. ( e ) Part 74, “Experimental, Auxiliary and Special Broadcast and Other Program Distributional Services” including: ( 1 ) Subpart A, “Experimental Broadcast Stations”; ( 2 ) Subpart D, “Remote Pickup Broadcast Stations”; ( 3 ) Subpart E, “Aural Broadcast Auxiliary Stations”; ( 4 ) Subpart F, “Television Broadcast Auxiliary Stations”; ( 5 ) Subpart G, “Low Power TV, TV Translator and TV Booster Stations”; ( 6 ) Subpart H, “Low Power Auxiliary Stations”; ( 7 ) Subpart L, “FM Broadcast Translator Stations and FM Broadcast Booster Stations”. [ 53 FR 2498 , Jan. 28, 1988, as amended at 57 FR 48333 , Oct. 23, 1992; 60 FR 55480 , Nov. 1, 1995; 63 FR 48622 , Sept. 11, 1998; 66 FR 47896 , Sept. 14, 2001; 69 FR 72043 , Dec. 10, 2004; 76 FR 70911 , Nov. 16, 2011; 81 FR 86613 , Dec. 1, 2016] § 73.1015 Truthful written statements and responses to Commission inquiries and correspondence. The Commission or its representatives may, in writing, require from any applicant, permittee, or licensee written statements of fact relevant to a determination whether an application should be granted or denied, or to a determination whether a license should be revoked, or to any other matter within the jurisdiction of the Commission, or, in the case of a proceeding to amend the Table of FM Allotments or Table of TV Allotments, require from any person filing an expression of interest, written statements of fact relevant to that allotment proceeding. Any such statements of fact are subject to the provisions of § 1.17 of this chapter . [ 89 FR 7253 , Feb. 1, 2024] § 73.1020 Station license period. ( a ) Initial licenses for broadcast stations will ordinarily be issued for a period running until the date specified in this section for the State or Territory in which the station is located. If issued after such date, it will run to the next renewal date determined in accordance with this section. Both radio and TV broadcasting stations will ordinarily be renewed for 8 years. However, if the FCC finds that the public interest, convenience and necessity will be served thereby, it may issue either an initial license or a renewal thereof for a lesser term. The time of expiration of normally issued initial and renewal licenses will be 3 a.m., local time, on the following dates and thereafter at 8-year intervals for radio and TV broadcast stations located in: ( 1 ) Maryland, District of Columbia, Virginia and West Virginia: ( i ) Radio stations, October 1, 2027. ( ii ) Television stations, October 1, 2028. ( 2 ) North Carolina and South Carolina: ( i ) Radio stations, December 1, 2027. ( ii ) Television stations, December 1, 2028. ( 3 ) Florida, Puerto Rico and the Virgin Islands: ( i ) Radio stations, February 1, 2028. ( ii ) Television stations, February 1, 2029. ( 4 ) Alabama and Georgia: ( i ) Radio stations, April 1, 2028. ( ii ) Television stations, April 1, 2029. ( 5 ) Arkansas, Louisiana and Mississippi: ( i ) Radio stations, June 1, 2028. ( ii ) Television stations, June 1, 2029. ( 6 ) Tennessee, Kentucky and Indiana: ( i ) Radio stations, August 1, 2028. ( ii ) Television stations, August 1, 2029. ( 7 ) Ohio and Michigan: ( i ) Radio stations, October 1, 2028. ( ii ) Television stations, October 1, 2029. ( 8 ) Illinois and Wisconsin: ( i ) Radio stations, December 1, 2028. ( ii ) Television stations, December 1, 2029. ( 9 ) Iowa and Missouri: ( i ) Radio stations, February 1, 2029. ( ii ) Television stations, February 1, 2030. ( 10 ) Minnesota, North Dakota, South Dakota, Montana and Colorado: ( i ) Radio stations, April 1, 2029. ( ii ) Television stations, April 1, 2030. ( 11 ) Kansas, Oklahoma and Nebraska: ( i ) Radio stations, June 1, 2029. ( ii ) Television stations, June 1, 2030. ( 12 ) Texas: ( i ) Radio stations, August 1, 2029. ( ii ) Television stations, August 1, 2030. ( 13 ) Wyoming, Nevada, Arizona, Utah, New Mexico and Idaho: ( i ) Radio stations, October 1, 2029. ( ii ) Television stations, October 1, 2030. ( 14 ) California: ( i ) Radio stations, December 1, 2029. ( ii ) Television stations, December 1, 2030. ( 15 ) Alaska, American Samoa, Guam, Hawaii, Mariana Islands, Oregon and Washington: ( i ) Radio stations, February 1, 2030. ( ii ) Television stations, February 1, 2031. ( 16 ) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont: ( i ) Radio stations, April 1, 2030. ( ii ) Television stations, April 1, 2031. ( 17 ) New Jersey and New York: ( i ) Radio stations, June 1, 2030. ( ii ) Television stations, June 1, 2031. ( 18 ) Delaware and Pennsylvania: ( i ) Radio stations, August 1, 2030. ( ii ) Television stations, August 1, 2031. ( b ) For the deadline for filing petitions to deny renewal applications, see § 73.3516(e) . ( c ) The license of a broadcasting station that fails to transmit broadcast signals for any consecutive 12-month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 49 FR 4382 , Feb. 6, 1984, as amended at 52 FR 25604 , July 8, 1987; 59 FR 63051 , Dec. 7, 1994; 61 FR 18291 , Apr. 25, 1996; 61 FR 28767 , June 6, 1996; 62 FR 5347 , Feb. 5, 1997; 76 FR 20249 , Apr. 12, 2011; 89 FR 7253 , Feb. 1, 2024] § 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. ( a ) ( 1 ) Radio astronomy and radio research installations. In order to minimize harmful interference at the National Radio Astronomy Observatory site located at Green, Pocahontas County, West Virginia, and at the Naval Radio Research Observatory at Sugar Grove, Pendleton County, West Virginia, a licensee proposing to operate a short-term broadcast auxiliary station pursuant to § 74.24 of this chapter , and any applicant for authority to construct a new broadcast station, or for authority to make changes in the frequency, power, antenna height, or antenna directivity of an existing station within the area bounded by 39°15′ N on the north, 78°30′ W on the east, 37°30′ N on the south, and 80°30′ W on the west, shall notify the Interference Office, National Radio Astronomy Observatory, P.O. Box 2, Green Bank, West Virginia 24944. Telephone: (304) 456-2011; Email: nrqz@nrao.edu . The notification shall be in writing and set forth the particulars of the proposed station, including the geographical coordinates of the antenna, antenna height, antenna directivity if any, proposed frequency, type of emission and power. The notification shall be made prior to, or simultaneously with, the filing of the application with the Commission. After receipt of such applications, the FCC will allow a period of 20 days for comments or objections in response to the notifications indicated. If an objection to the proposed operation is received during the 20-day period from the National Radio Astronomy Observatory for itself, or on behalf of the Naval Radio Research Observatory, the FCC will consider all aspects of the problem and take whatever action is deemed appropriate. ( 2 ) Any applicant for a new permanent base or fixed station authorization to be located on the islands of Puerto Rico, Desecheo, Mona, Vieques, and Culebra, or for a modification of an existing authorization which would change the frequency, power, antenna height, directivity, or location of a station on these islands and would increase the likelihood of the authorized facility causing interference, shall notify the Interference Office, Arecibo Observatory, HC3 Box 53995, Arecibo, Puerto Rico 00612, in writing or electronically, of the technical parameters of the proposal. Applicants may wish to consult interference guidelines, which will be provided by Cornell University. Applicants who choose to transmit information electronically should e-mail to: prcz@naic.edu . ( i ) The notification to the Interference Office, Arecibo Observatory shall be made prior to, or simultaneously with, the filing of the application with the Commission. The notification shall state the geographical coordinates of the antenna (NAD-83 datum), antenna height above ground, ground elevation at the antenna, antenna directivity and gain, proposed frequency and FCC Rule Part, type of emission, and effective radiated power. ( ii ) After receipt of such applications, the Commission will allow the Arecibo Observatory a period of 20 days for comments or objections in response to the notification indicated. The applicant will be required to make reasonable efforts to resolve or mitigate any potential interference problem with the Arecibo Observatory and to file either an amendment to the application or a modification application, as appropriate. The Commission shall determine whether an applicant has satisfied its responsibility to make reasonable efforts to protect the Observatory from interference. ( b ) Radio receiving installations. Protection for Table Mountain Radio Receiving Zone, Boulder County, Colorado: Applicants for a station authorization to operate in the vicinity of Boulder County, Colorado under this Part are advised to give due consideration, prior to filing applications, to the need to protect the Table Mountain Radio Receiving Zone from harmful interference. These are the research laboratories of the Department of Commerce, Boulder County, Colorado. To prevent degradation of the present ambient radio signal level at the site, the Department of Commerce seeks to ensure that the field strengths of any radiated signals (excluding reflected signals) received on this 1800 acre site (within the area bounded by 40°09′10″ N Latitude on the north, 105°13′31″ W Longitude on the east, 40°07′05″ N Latitude on the south, and 105°15′13″ W Longitude on the west) resulting from new assignments (other than mobile stations) or from the modification of relocation of existing facilities do not exceed the following values: Frequency range Field strength in authorized bandwidth of service (mV/m) Power flux density in authorized bandwidth of service (dBW/m 2 ) 1 Below 540 kHz 10 −65.8 540 to 1700 kHz 20 −59.8 1.7 to 470 MHz 10 2 −65.8 470 to 890 MHz 30 2 −56.2 Above 890 MHz 1 2 −85.8 1 Equivalent values of power flux density are calculated assuming free space characteristic impedance of 376.7 = 120 ohms. 2 Space stations shall conform to the power flux density limits at the earth's surface specified in appropriate parts of the FCC rules, but in no case should exceed the above levels in any 4 kHz band for all angles of arrival. ( 1 ) Advance consultation is recommended particularly for those applicants who have no reliable data which indicates whether the field strength or power flux density figures in the above table would be exceeded by their proposed radio facilities (except mobile stations). In such instances, the following is a suggested guide for determining whether coordination is recommended: ( i ) All stations within 2.4 km (1.5 statute miles); ( ii ) Stations within 4.8 km (3 statute miles) with 50 watts or more effective radiated power (ERP) in the primary plane polarization in the azimuthal direction of the Table Mountain Radio Receiving Zone; ( iii ) Stations within 16 km (10 statute miles) with 1 kW or more ERP in the primary plane of polarization in the azimuthal direction of Table Mountain Receiving Zone; ( iv ) Stations within 80 km (50 statute miles) with 25 kW or more ERP in the primary plane polarization in the azimuthal direction of Table Mountain Receiving Zone. ( 2 ) Applicants concerned are urged to communicate with the Radio Frequency Management Coordinator, Institute for Telecommunication Sciences, 325 Broadway, Boulder, CO 80305; telephone (303) 497-4220, email frequencymanager@ntia.gov , in advance of filing their applications with the Commission. ( 3 ) The Commission will not screen applications to determine whether advance consultation has taken place. However, applicants are advised that such consultation can avoid objectimns from the Department of Commerce or proceedings to modify any authorization which may be granted which, in fact, delivers a signal at the site in excess of the field strength specified herein. ( c ) Protection for Federal Communications Commission monitoring stations. ( 1 ) Applicants in the vicinity of a FCC monitoring station for a radio station authorization to operate new transmitting facilities or changed transmitting facilities which would increase the field strength produced over the monitoring station in excess of that previously authorized are advised to give consideration, prior to filing applications, to the possible need to protect the FCC stations from harmful interference. Geographical coordinates of the facilities which require protection are listed in § 0.121(c) of the FCC rules. Applications for stations (except mobile stations) which will produce on any frequency a direct wave fundamental field strength of greater than 10 mV/m in the authorized bandwidth of service (−65.8 dBW/m 2 power flux density assuming a free space characteristic impedance of 120 π ohms) at the referenced coordinates, may be examined to determine extent of possible interference. Depending on the theoretical field strength value and existing root-sum-square or other ambient radio field signal levels at the indicated coordinates, a clause protecting the monitoring station may be added to the station authorization. ( 2 ) In the event that calculated value of expected field exceeds 10 mV/m (−65.8 dBW/m2) at the reference coordinates, or if there is any question whether field strength levels might exceed the threshold value, advance consultation with the FCC to discuss any protection necessary should be considered. Prospective applicants may communicate with the Public Safety and Homeland Security Bureau. ( 3 ) Advance consultation is suggested particularly for those applicants who have no reliable data which indicates whether the field strength or power flux density figure indicated would be exceeded by their proposed radio facilities (except mobile stations). In such instances, the following is a suggested guide for determining whether an applicant should coordinate: ( i ) All stations within 2.4 kilometers (1.5 statute miles); ( ii ) Stations within 4.8 kilometers (3 statute miles) with 50 watts or more average effective radiated power (ERP) in the primary plane of polarization in the azimuthal direction of the Monitoring Stations. ( iii ) Stations within 16 kilometers (10 statute miles) with 1 kW or more average ERP in the primary plane of polarization in the azimuthal direction of the Monitoring Station; ( iv ) Stations within 80 kilometers (50 statute miles) with 25 kW or more average ERP in the primary plane of polarization in the azimuthal direction of the Monitoring Station; ( 4 ) Advance coordination for stations operating above 1000 MHz is recommended only where the proposed station is in the vicinity of a monitoring station designated as a satellite monitoring facility in § 0.121(c) of the Commission's Rules and also meets the criteria outlined in paragraphs (b) (2) and (3) of this section. ( 5 ) The Commission will not screen applications to determine whether advance consultation has taken place. However, applicants are advised that such consultation can avoid objections from the Federal Communications Commission or modification of any authorization which will cause harmful interference. [ 43 FR 32782 , July 28, 1978, as amended at 44 FR 77167 , Dec. 31, 1979; 47 FR 9221 , Mar. 4, 1982; 50 FR 39003 , Sept. 26, 1985; 52 FR 25867 , July 9, 1987; 52 FR 36879 , Oct. 1, 1987; 52 FR 37789 , Oct. 9, 1987; 56 FR 64872 , Dec. 12, 1991; 61 FR 8477 , Mar. 5, 1996; 62 FR 55532 , Oct. 27, 1997; 63 FR 70048 , Dec. 18, 1998; 70 FR 31373 , June 1, 2005; 80 FR 53750 , Sept. 8, 2015; 89 FR 7253 , Feb. 1, 2024] § 73.1120 Station location. Each AM, FM, TV and Class A TV broadcast station will be licensed to the principal community or other political subdivision which it primarily serves. This principal community (city, town or other political subdivision) will be considered to be the geographical station location. [ 65 FR 30003 , May 10, 2000] § 73.1125 Station telephone number. Each AM, FM, TV, and Class A TV broadcast station shall maintain a local telephone number in its community of license or a toll-free number. [ 82 FR 57882 , Dec. 8, 2017] § 73.1150 Transferring a station. ( a ) In transferring a broadcast station, the licensee may retain no right of reversion of the license, no right to reassignment of the license in the future, and may not reserve the right to use the facilities of the station for any period whatsoever. ( b ) No license, renewal of license, assignment of license or transfer of control of a corporate licensee will be granted or authorized if there is a contract, arrangement or understanding, express or implied, pursuant to which, as consideration or partial consideration for the assignment or transfer, such rights, as stated in paragraph (a) of this section, are retained. ( c ) Licensees and/or permittees authorized to operate in the 535-1605 kHz and in the 1605-1705 kHz band pursuant to the Report and Order in MM Docket No. 87-267 will not be permitted to assign or transfer control of the license or permit for a single frequency during the period that joint operation is authorized. ( d ) Authorizations awarded pursuant to the noncommercial educational point system in subpart K are subject to the holding period in § 73.7005 . Applications for an assignment or transfer filed prior to the end of the holding period must demonstrate the factors enumerated therein. [ 44 FR 58720 , Oct. 11, 1979, as amended at 56 FR 64872 , Dec. 12, 1991; 65 FR 36378 , June 8, 2000] § 73.1201 Station identification. ( a ) When regularly required. Broadcast station identification announcements shall be made: ( 1 ) At the beginning and ending of each time of operation, and ( 2 ) Hourly, as close to the hour as feasible, at a natural break in program offerings. Television and Class A television broadcast stations may make these announcements visually or aurally. ( b ) Content. ( 1 ) Official station identification shall consist of the station's call letters immediately followed by the community or communities specified in its license as the station's location; Provided, That the name of the licensee, the station's frequency, the station's channel number, as stated on the station's license, and/or the station's network affiliation may be inserted between the call letters and station location. TV stations, or DAB Stations, choosing to include the station's channel number in the station identification must use the station's major channel number and may distinguish multicast program streams. For example, a TV station with major channel number 26 may use 26.1 to identify an HDTV program service and 26.2 to identify an SDTV program service. A TV station that is devoting one of its multicast streams to transmit the programming of another television licensee must identify itself and may also identify the licensee that it is transmitting. If a TV station in this situation chooses to identify the station that is the source of the programming it is transmitting, it must use the following format: Station WYYY, community of license (call sign and community of license of the station whose multicast stream is transmitting the programming), bringing you WXXX, community of license (call sign and community of license of the licensee providing the programming). The transmitting station may insert between its call letters and its community of license the following information: the frequency of the transmitting station, the channel number of the transmitting station, the name of the licensee of the transmitting station and the licensee providing the programming, and/or the name of the network of either station. Where a multicast station is carrying the programming of another station and is identifying that station as the source of the programming, using the format described above, the identification may not include the frequency or channel number of the program source. A radio station operating in DAB hybrid mode or extended hybrid mode shall identify its digital signal, including any free multicast audio programming streams, in a manner that appropriately alerts its audience to the fact that it is listening to a digital audio broadcast. No other insertion between the station's call letters and the community or communities specified in its license is permissible. ( 2 ) A station may include in its official station identification the name of any additional community or communities, but the community to which the station is licensed must be named first. ( c ) Channel — ( 1 ) General. Except as otherwise provided in this paragraph, in making the identification announcement the call letters shall be given only on the channel, or channels in the case of a broadcaster that is multicasting more than a single channel, identified thereby. ( 2 ) Simultaneous AM (535-1605 kHz) and AM (1605-1705 kHz broadcasts. If the same licensee operates an AM broadcast station in the 535-1605 kHz band and an AM broadcast station in the 1605-1705 kHz band with both stations licensed to the same community and simultaneously broadcasts the same programs over the facilities of both such stations, station identification announcements may be made jointly for both stations for periods of such simultaneous operations. ( 3 ) Satellite operation. When programming of a broadcast station is rebroadcast simultaneously over the facilities of a satellite station, the originating station may make identification announcements for the satellite station for periods of such simultaneous operation. ( i ) In the case of a television broadcast station, such announcements, in addition to the information required by paragraph (b)(1) of this section, shall include the number of the channel on which each station is operating. ( ii ) In the case of aural broadcast stations, such announcements, in addition to the information required by paragraph (b)(1) of this section, shall include the frequency on which each station is operating. ( d ) [Reserved] ( e ) Transport Stream ID (TSID) values are identification numbers assigned to stations by the FCC and stored in the Commission's online database. Two sequential values are assigned to each station. ( 1 ) All TV and Class A TV stations shall transmit their assigned odd-numbered TSID. ( 2 ) In ATSC 3.0, a similar value is used called a Bit Stream ID (BSID). Stations operating in ATSC 3.0 mode shall utilize their assigned even-numbered TSID as their BSID, consistent with paragraph (e)(1) of this section. [ 34 FR 19762 , Dec. 17, 1969, as amended at 37 FR 23726 , Nov. 8, 1972; 39 FR 6707 , Feb. 22, 1974; 39 FR 9442 , Mar. 11, 1974; 41 FR 29394 , July 16, 1976; 47 FR 3791 , Jan. 27, 1982; 48 FR 51308 , Nov. 8, 1983; 56 FR 64872 , Dec. 12, 1991; 65 FR 30003 , May 10, 2000; 69 FR 59535 , Oct. 4, 2004; 72 FR 45693 , Aug. 15, 2007; 73 FR 5684 , Jan. 30, 2008; 76 FR 71269 , Nov. 17, 2011; 89 FR 7254 , Feb. 1, 2024] § 73.1202 [Reserved] § 73.1206 Broadcast of telephone conversations. Before recording a telephone conversation for broadcast, or broadcasting such a conversation simultaneously with its occurrence, a licensee shall inform any party to the call of the licensee's intention to broadcast the conversation, except where such party is aware, or may be presumed to be aware from the circumstances of the conversation, that it is being or likely will be broadcast. Such awareness is presumed to exist only when the other party to the call is associated with the station (such as as employee or part-time reporter), or where the other party originates the call and it is obvious that it is in connection with a program in which the station customarily broadcasts telephone conversations. [ 35 FR 7733 , May 20, 1970] § 73.1207 Rebroadcasts. ( a ) The term rebroadcast means reception by radio of the programs or other transmissions of a broadcast or any other type of radio station, and the simultaneous or subsequent retransmission of such programs or transmissions by a broadcast station. ( 1 ) As used in this section, “program” includes any complete programs or part thereof. ( 2 ) The transmission of a program from its point of origin to a broadcast station entirely by common carrier facilities, whether by wire line or radio, is not considered a rebroadcast. ( 3 ) The broadcasting of a program relayed by a remote pickup broadcast station is not considered a rebroadcast. ( b ) No broadcast station may retransmit the program, or any part thereof, of another U.S. broadcast station without the express authority of the originating station. A copy of the written consent of the licensee originating the program must be kept by the licensee of the station retransmitting such program and made available to the FCC upon request. ( 1 ) Stations originating emergency communications under a State EAS plan are considered to have conferred rebroadcast authority to other participating stations. ( 2 ) Permission must be obtained from the originating station to rebroadcast any subsidiary communications transmitted by means of a multiplex subcarrier. ( 3 ) Programs originated by the Voice of America (VOA) and the Armed Forces Radio and Television Services (AFRTS) cannot, in general, be cleared for domestic rebroadcast, and may therefore be retransmitted only by special arrangements among the parties concerned. ( 4 ) Except as otherwise provided by international agreement, programs originated by foreign broadcast stations may be retransmitted without the consent of the originating station. ( c ) The transmissions of non-broadcast stations may be rebroadcast under the following conditions: ( 1 ) Messages originated by privately-owned non-broadcast stations other than those in the Amateur and CB Radio Services may be broadcast only upon receipt of prior permission from the non-broadcast licensee. Additionally, messages transmitted by common carrier stations may be rebroadcast only upon prior permission of the originator of the message as well as the station licensee. ( 2 ) Except as provided in paragraph (d) of this section, messages originated entirely by non-broadcast stations owned and operated by the Federal Government may be rebroadcast only upon receipt of prior permission from the government agency originating the messages. ( 3 ) Messages originated by stations in the Amateur and CB Radio Services may be rebroadcast at the discretion of broadcast station licensees. ( 4 ) Emergency communications originated under a State EAS plan. ( d ) The rebroadcasting of time signals originated by the Naval Observatory and the National Bureau of Standards and messages from the National Weather Service stations is permitted without specific authorization under the following procedures: ( 1 ) Naval Observatory Time Signals. ( i ) The time signals rebroadcast must be obtained by direct radio reception from a naval radio station, or by land line circuits. ( ii ) Announcement of the time signal must be made without reference to any commercial activity. ( iii ) Identification of the Naval Observatory as the source of the time signal must be made by an announcement, substantially as follows: “With the signal, the time will be . . . courtesy of the U.S. Naval Observatory.” ( iv ) Schedules of time signal broadcasts may be obtained upon request from the Superintendent, U.S. Naval Observatory, Washington, DC 20390. ( 2 ) National Bureau of Standards Time Signals. ( i ) Time signals for rebroadcast must be obtained by direct radio reception from a National Bureau of Standards (NBS) station. ( ii ) Use of receiving and rebroadcasting equipment must not delay the signals by more than 0.05 second. ( iii ) Signals must be rebroadcast live, not from tape or other recording. ( iv ) Voice or code announcements of the call signs of NBS stations are not to be rebroadcast. ( v ) Identification of the origin of the service and the source of the signals must be made by an announcement substantially as follows: “At the tone, 11 hours 25 minutes Coordinated Universal Time. This is a rebroadcast of a continous service furnished by the National Bureau of Standards, Ft. Collins, Colo.” No commercial sponsorship of this announcement is permitted and none may be implied. ( vi ) Schedules of time signal broadcasts may be obtained from, and notice of use of NBS time signals for rebroadcast must be forwarded semiannually to: National Bureau of Standards, Radio Stations WWV/WWVB, 2000 East County Road 58, Ft. Collins, Colorado 80524. ( vii ) In the rebroadcasting of NBS time signals, announcements will not state that they are standard frequency transmissions. Voice announcements of Coordinated Universal Time are given in voice every minute. Each minute, except the first of the hour, begins with an 0.8 second long tone of 1000 hertz at WWV and 1200 hertz tone at WWVH. The first minute of every hour begins with an 0.8 second long tone of 1500 hertz at both stations. This tone is followed by a 3-second pause, than the announcement, “National Bureau of Standards Time.” This is followed by another 3-second pause before station identification. This arrangement allows broadcast stations sufficient time to retransmit the hour time tone and the words “National Bureau of Standards Time” either by manual or automatic switching. ( viii ) Time signals or scales made up from integration of standard frequency signals broadcast from NBS stations may not be designated as national standard scales of time or attributed to the NBS as originator. For example, if a broadcasting station transmits time signals obtained from a studio clock which is periodically calibrated against the NBS time signals from WWV or WWVH, such signals may not be announced as NBS standard time or as having been originated by the NBS. ( 3 ) National Weather Service Messages. ( i ) Messages of the National Weather Service must be rebroadcast within 1 hour of receipt. ( ii ) If advertisements are given in connection with weather rebroadcast, these advertisements must not directly or indirectly convey an endorsement by the U.S. Government of the products or services so advertised. ( iii ) Credit must be given to indicate that the rebroadcast message originates with the National Weather Service. [ 44 FR 36040 , June 20, 1979, as amended at 45 FR 26065 , Apr. 17, 1980; 48 FR 28456 , June 22, 1983; 50 FR 25246 , June 18, 1985; 59 FR 67102 , Dec. 28, 1994; 61 FR 36305 , July 10, 1996; 82 FR 41103 , Aug. 29, 2017; 89 FR 7254 , Feb. 1, 2024] § 73.1208 Broadcast of taped, filmed, or recorded material. ( a ) Any taped, filmed or recorded program material in which time is of special significance, or by which an affirmative attempt is made to create the impression that it is occurring simultaneously with the broadcast, shall be announced at the beginning as taped, filmed or recorded. The language of the announcement shall be clear and in terms commonly understood by the public. For television stations, the announcement may be made visually or aurally. ( b ) Taped, filmed, or recorded announcements which are of a commercial, promotional or public service nature need not be identified as taped, filmed or recorded. [ 37 FR 23726 , Nov. 8, 1972] § 73.1209 References to time. Unless specifically designated as “standard (non-advanced)” or “advanced,” all references to time contained in this part, and in license documents and other authorizations issued thereunder shall be understood to mean local time; i.e. , the time legally observed in the community. [ 39 FR 26736 , July 23, 1974] § 73.1210 TV/FM dual-language broadcasting in Puerto Rico. ( a ) For the purpose of this section, dual-language broadcasting shall be understood to mean the telecasting of a program in one language with the simultaneous transmission, on the main channel of a participating FM broadcast station, of companion sound track information in a different language. ( b ) Television and Class A television licensees in Puerto Rico may enter into dual-language time purchase agreements with FM broadcast licensees, subject to the following conditions: ( 1 ) All such agreements shall be reduced to writing and retained by the licensee for possible Commission inspection, in accordance with § 73.3613 of this chapter . ( 2 ) All such agreements shall specify that the FM licensee will monitor sound track material with a view to rejecting any material deemed to be inappropriate or objectionable for broadcast exposure. ( 3 ) No television, Class A television, or FM broadcast station may devote more than 15 hours per week to dual-language broadcasting, nor may more than three (3) hours of such programming be presented on any given day. ( 4 ) Noncommercial educational television broadcast stations shall take all necessary precautions to assure that the entire operation is conducted on a noncommercial basis and otherwise in accordance with § 73.621 of this part . [ 40 FR 17259 , Apr. 18, 1975, as amended at 49 FR 33663 , Aug. 24, 1984; 50 FR 40016 , Oct. 1, 1985; 65 FR 30003 , May 10, 2000] § 73.1211 Broadcast of lottery information. ( a ) No licensee of an AM, FM, television, or Class A television broadcast station, except as in paragraph (c) of this section, shall broadcast any advertisement of or information concerning any lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes drawn or awarded by means of any such lottery, gift enterprise or scheme, whether said list contains any part or all of such prizes. ( 18 U.S.C. 1304 , 62 Stat. 763). ( b ) The determination whether a particular program comes within the provisions of paragraph (a) of this section depends on the facts of each case. However, the Commission will in any event consider that a program comes within the provisions of paragraph (a) of this section if in connection with such program a prize consisting of money or other thing of value is awarded to any person whose selection is dependent in whole or in part upon lot or chance, if as a condition of winning or competing for such prize, such winner or winners are required to furnish any money or other thing of value or are required to have in their possession any product sold, manufactured, furnished or distributed by a sponsor of a program broadcast on the station in question. (See 21 FCC 2d 846). ( c ) The provisions of paragraphs (a) and (b) of this section shall not apply to an advertisement, list of prizes or other information concerning: ( 1 ) A lottery conducted by a State acting under the authority of State law which is broadcast by a radio or television station licensed to a location in that State or any other State which conducts such a lottery. ( 18 U.S.C. 1307(a) ; 102 Stat. 3205). ( 2 ) Fishing contests exempted under 18 U.S. Code 1305 (not conducted for profit, i.e., all receipts fully consumed in defraying the actual costs of operation). ( 3 ) Any gaming conducted by an Indian Tribe pursuant to the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) ( 4 ) A lottery, gift enterprise or similar scheme, other than one described in paragraph (c)(1) of this section, that is authorized or not otherwise prohibited by the State in which it is conducted and which is: ( i ) Conducted by a not-for-profit organization or a governmental organization ( 18 U.S.C. 1307(a) ; 102 Stat. 3205); or ( ii ) Conducted as a promotional activity by a commercial organization and is clearly occasional and ancillary to the primary business of that organization. ( 18 U.S.C. 1307(a) ; 102 Stat. 3205). ( d ) ( 1 ) For purposes of paragraph (c) of this section, “lottery” means the pooling of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket purchasers. It does not include the placing or accepting of bets or wagers on sporting events or contests. ( 2 ) For purposes of paragraph (c)(4)(i) of this section, the term “not-for-profit organization” means any organization that would qualify as tax exempt under section 501 of the Internal Revenue Code of 1986. [ 40 FR 6210 , Feb. 10, 1975, as amended at 45 FR 6401 , Jan. 28, 1980; 54 FR 20856 , May 15, 1989; 55 FR 18888 , May 7, 1990; 65 FR 30003 , May 10, 2000] § 73.1212 Sponsorship identification; list retention; related requirements. Cross Reference Link to an amendment published at 89 FR 57792 , July 16, 2024. Cross Reference Link to an amendment published at 89 FR 57793 , July 16, 2024. ( a ) When a broadcast station transmits any matter for which money, service, or other valuable consideration is either directly or indirectly paid or promised to, or charged or accepted by such station, the station, at the time of the broadcast, shall announce: ( 1 ) That such matter is sponsored, paid for, or furnished, either in whole or in part, and ( 2 ) By whom or on whose behalf such consideration was supplied: Provided, however, That “service or other valuable consideration” shall not include any service or property furnished either without or at a nominal charge for use on, or in connection with, a broadcast unless it is so furnished in consideration for an identification of any person, product, service, trademark, or brand name beyond an identification reasonably related to the use of such service or property on the broadcast. ( i ) For the purposes of this section, the term “sponsored” shall be deemed to have the same meaning as “paid for.” ( ii ) In the case of any television political advertisement concerning candidates for public office, the sponsor shall be identified with letters equal to or greater than four percent of the vertical picture height that air for not less than four seconds. ( b ) The licensee of each broadcast station shall exercise reasonable diligence to obtain from its employees, and from other persons with whom it deals directly in connection with any matter for broadcast, information to enable such licensee to make the announcement required by this section. ( c ) In any case where a report has been made to a broadcast station as required by section 507 of the Communications Act of 1934, as amended, of circumstances which would have required an announcement under this section had the consideration been received by such broadcast station, an appropriate announcement shall be made by such station. ( d ) In the case of any political broadcast matter or any broadcast matter involving the discussion of a controversial issue of public importance for which any film, record, transcription, talent, script, or other material or service of any kind is furnished, either directly or indirectly, to a station as an inducement for broadcasting such matter, an announcement shall be made both at the beginning and conclusion of such broadcast on which such material or service is used that such film, record, transcription, talent, script, or other material or service has been furnished to such station in connection with the transmission of such broadcast matter: Provided, however, That in the case of any broadcast of 5 minutes' duration or less, only one such announcement need be made either at the beginning or conclusion of the broadcast. ( e ) The announcement required by this section shall, in addition to stating the fact that the broadcast matter was sponsored, paid for or furnished, fully and fairly disclose the true identity of the person or persons, or corporation, committee, association or other unincorporated group, or other entity by whom or on whose behalf such payment is made or promised, or from whom or on whose behalf such services or other valuable consideration is received, or by whom the material or services referred to in paragraph (d) of this section are furnished. Where an agent or other person or entity contracts or otherwise makes arrangements with a station on behalf of another, and such fact is known or by the exercise of reasonable diligence, as specified in paragraph (b) of this section, could be known to the station, the announcement shall disclose the identity of the person or persons or entity on whose behalf such agent is acting instead of the name of such agent. Where the material broadcast is political matter or matter involving the discussion of a controversial issue of public importance and a corporation, committee, association or other unincorporated group, or other entity is paying for or furnishing the broadcast matter, the station shall, in addition to making the announcement required by this section, require that a list of the chief executive officers or members of the executive committee or of the board of directors of the corporation, committee, association or other unincorporated group, or other entity shall be made available for public inspection at the location specified under § 73.3526 . If the broadcast is originated by a network, the list may, instead, be retained at the headquarters office of the network or at the location where the originating station maintains its public inspection file under § 73.3526 . Such lists shall be kept and made available for a period of two years. ( f ) In the case of broadcast matter advertising commercial products or services, an announcement stating the sponsor's corporate or trade name, or the name of the sponsor's product, when it is clear that the mention of the name of the product constitutes a sponsorship identification, shall be deemed sufficient for the purpose of this section and only one such announcement need be made at any time during the course of the broadcast. ( g ) The announcement otherwise required by section 317 of the Communications Act of 1934, as amended, is waived with respect to the broadcast of “want ad” or classified advertisements sponsored by an individual. The waiver granted in this paragraph shall not extend to a classified advertisement or want ad sponsorship by any form of business enterprise, corporate or otherwise. Whenever sponsorship announcements are omitted pursuant to this paragraph, the licensee shall observe the following conditions: ( 1 ) Maintain a list showing the name, address, and (where available) the telephone number of each advertiser; ( 2 ) Make this list available to members of the public who have a legitimate interest in obtaining the information contained in the list. Such list must be retained for a period of two years after broadcast. ( h ) Any announcement required by section 317(b) of the Communications Act of 1934, as amended, is waived with respect to feature motion picture film produced initially and primarily for theatre exhibition. Note: The waiver heretofore granted by the Commission in its Report and Order adopted November 16, 1960 (FCC 60-1369; 40 F.C.C. 95), continues to apply to programs filmed or recorded on or before June 20, 1963, when § 73.654 , the predecessor television rule, went into effect. ( i ) Commission interpretations in connection with the provisions of the sponsorship identification rules are contained in the Commission's Public Notice, entitled “Applicability of Sponsorship Identification Rules,” dated May 6, 1963 (40 F.C.C. 141), as modified by Public Notice, dated April 21, 1975 (FCC 75-418). Further interpretations are printed in full in various volumes of the Federal Communications Commission Reports. ( j ) ( 1 ) ( i ) Where the material broadcast consistent with paragraph (a) or (d) of this section has been aired pursuant to the lease of time on the station and has been provided by a foreign governmental entity, the station, at the time of the broadcast, shall include the following disclosure: The [following/preceding] programming was [sponsored, paid for, or furnished], either in whole or in part, by [name of foreign governmental entity] on behalf of [name of foreign country]. ( ii ) If the material broadcast contains a “conspicuous statement” pursuant to the Foreign Agents Registration Act of 1938 (FARA) ( 22 U.S.C. 614(b) ), such conspicuous statement will suffice for purposes of this paragraph (j)(1) if the conspicuous statement also contains a disclosure about the foreign country associated with the individual/entity that has sponsored, paid for, or furnished the material being broadcast. ( 2 ) The term “foreign governmental entity” shall include governments of foreign countries, foreign political parties, agents of foreign principals, and United States-based foreign media outlets. ( i ) The term “government of a foreign country” has the meaning given such term in the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(e) ). ( ii ) The term “foreign political party” has the meaning given such term in the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(f) ). ( iii ) The term “agent of a foreign principal” has the meaning given such term in the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(c) ), and who is registered as such with the Department of Justice, and whose “foreign principal” is a “government of a foreign country,” a “foreign political party,” or directly or indirectly operated, supervised, directed, owned, controlled, financed, or subsidized by a “government of a foreign country” or a “foreign political party” as defined in paragraphs (j)(2)(i) and (ii) of this section, and that is acting in its capacity as an agent of such “foreign principal”. ( iv ) The term “United States-based foreign media outlet” has the meaning given such term in section 722(a) of the Communications Act of 1934 ( 47 U.S.C. 624(a) ). ( 3 ) The licensee of each broadcast station shall exercise reasonable diligence to ascertain whether the foreign sponsorship disclosure requirements in paragraph (j)(1) of this section apply at the time of the lease agreement and at any renewal thereof, including: ( i ) Informing the lessee of the foreign sponsorship disclosure requirement in paragraph (j)(1) of this section; ( ii ) Inquiring of the lessee whether the lessee falls into any of the categories in paragraph (j)(2) of this section that qualify the lessee as a foreign governmental entity; ( iii ) Inquiring of the lessee whether the lessee knows if anyone involved in the production or distribution of the programming that will be aired pursuant to the lease agreement, or a sub-lease, qualifies as a foreign governmental entity and has provided some type of inducement to air the programming; ( iv ) Independently confirming the lessee's status, by consulting the Department of Justice's FARA website and the Commission's semi-annual U.S.-based foreign media outlets reports, if the lessee states that it does not fall within the definition of “foreign governmental entity” and that there is no separate need for a disclosure because no one further back in the chain of producing/transmitting the programming falls within the definition of “foreign governmental entity” and has provided an inducement to air the programming; and ( v ) Memorializing the inquiries in paragraphs (j)(3)(i) through (iv) of this section to track compliance therewith and retaining such documentation in the licensee's records for either the remainder of the then-current license term or one year, whichever is longer, so as to respond to any future Commission inquiry. ( 4 ) In the case of any video programming, the foreign governmental entity and the country represented shall be identified with letters equal to or greater than four percent of the vertical picture height that air for not less than four seconds. ( 5 ) At a minimum, the announcement required by paragraph (j)(1) of this section shall be made at both the beginning and conclusion of the programming. For programming of greater than sixty minutes in duration, an announcement shall be made at regular intervals during the broadcast, but no less frequently than once every sixty minutes. ( 6 ) Where the primary language of the programming is other than English, the disclosure statement shall be made in the primary language of the programming. If the programming contains a “conspicuous statement” pursuant to the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 614(b) ), and such conspicuous statement is in a language other than English so as to conform to the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. ), an additional disclosure in English is not needed. ( 7 ) A station shall place copies of the disclosures required by this paragraph (j) and the name of the program to which the disclosures were appended in its online public inspection file on a quarterly basis in a standalone folder marked as “Foreign Government-Provided Programming Disclosures.” The filing must state the date and time the program aired. In the case of repeat airings of the program, those additional dates and times should also be included. Where an aural announcement was made, its contents must be reduced to writing and placed in the online public inspection file in the same manner. ( k ) The requirements in paragraph (j) of this section shall apply to programs permitted to be delivered to foreign broadcast stations under an authorization pursuant to the section 325(c) of the Communications Act of 1934 ( 47 U.S.C. 325(c) ) if any part of the material has been sponsored, paid for, or furnished for free as an inducement to air on the foreign station by a foreign governmental entity. A section 325(c) permit holder shall place copies of the disclosures required along with the name of the program to which the disclosures were appended in the International Communications public filing System (ICFS) under the relevant ICFS section 325(c) permit file. The filing must state the date and time the program aired. In the case of repeat airings of the program, those additional dates and times should also be included. Where an aural announcement was made, its contents must be reduced to writing and placed in the ICFS in the same manner. [ 40 FR 18400 , Apr. 28, 1975, as amended at 46 FR 13907 , Feb. 24, 1981; 49 FR 4211 , Feb. 3, 1984; 49 FR 33663 , Aug. 24, 1984; 50 FR 32417 , Aug. 12, 1985; 57 FR 8279 , Mar. 9, 1992; 77 FR 27655 , May 11, 2012; 86 FR 32238 , June 17, 2021; 87 FR 14406 , Mar. 15, 2022; 88 FR 21447 , Apr. 10, 2023] § 73.1213 Antenna structure, marking and lighting. ( a ) The provisions of part 17 of this chapter (Construction, Marking, and Lighting of Antenna Structures), requires certain antenna structures to be painted and/or lighted in accordance with part 17. ( b ) The owner of each antenna structure is responsible for ensuring that the structure, if required, is painted and/or illuminated in accordance with part 17 of this chapter . In the event of default by the owner, each licensee or permittee shall be responsible for ensuring that the structure complies with applicable painting and lighting requirements. [ 61 FR 4367 , Feb. 6, 1996] § 73.1215 Specifications for indicating instruments. The following requirements and specifications shall apply to indicating instruments used by broadcast stations: ( a ) Linear scale instruments: ( 1 ) Length of scale shall not be less than 2.3 inches (5.8 cm). ( 2 ) Accuracy shall be at least 2 percent of the full scale reading. ( 3 ) The maximum rating of the meter shall be such that it does not read off scale during modulation or normal operation. ( 4 ) Scale shall have at least 40 divisions. ( 5 ) Full scale reading shall not be greater than five times the minimum normal indication. ( b ) Instruments having square-law scales: ( 1 ) Meet the requirements of paragraphs (a) (1) , (2) , and (3) of this section for linear scale instruments. ( 2 ) Full scale reading shall not be greater than three times the minimum normal indication. ( 3 ) No scale division above one-third full scale reading shall be greater than one-thirtieth of the full scale reading. (Example: An ammeter meeting requirement (1) having full scale reading of 6 amperes is acceptable for reading currents from 2 to 6 amperes, provided no scale division between 2 and 6 amperes is greater than one-thirtieth of 6 amperes, 0.2 ampere.) ( c ) Instruments having logarithmic scales: ( 1 ) Meet the requirements of paragraphs (a) (1) , (2) , and (3) of this section for linear scale instruments. ( 2 ) Full scale reading shall not be greater than five times the minimum normal indication. ( 3 ) No scale division above one-fifth full scale reading (in watts) shall be greater than one-thirtieth of the full scale reading. (Example: A wattmeter meeting requirement (3) having full scale reading of 1,500 watts is acceptable for reading power from 300 to 1,500 watts, provided no scale division between 300 and 1,500 watts is greater than one-thirtieth of 1,500 watts or 50 watts.) ( d ) Instruments having expanded scales: ( 1 ) Shall meet the requirements of paragraphs (a) (1) , (2) , and (3) of this section for linear scale instruments. ( 2 ) Full scale reading shall not be greater than five times the minimum normal indication. ( 3 ) No scale division above one-fifth full scale reading shall be greater than one-fiftieth of the full scale reading. (Example: An ammeter meeting the requirement (1) is acceptable for indicating current from 1 to 5 amperes, provided no division between 1 and 5 amperes is greater than one-fiftieth of 5 amperes, 0.1 ampere.) ( e ) Digital meters, printers, or other numerical readout devices may be used in addition to or in lieu of indicating instruments meeting the specifications of paragraphs (a) , (b) , (c) , and (d) of this section. The readout of the device must include at least three digits and must indicate the value of the parameter being read to an accuracy of 2%. The multiplier, if any, to be applied to the reading of each parameter must be indicated at the operating position. ( f ) No instrument which has been broken or appears to be damaged or defective, or the accuracy of which is questionable shall be used, until it has been checked, and if necessary repaired and recalibrated by the manufacturer or qualified instrument repair service. Repaired instruments shall not be used unless a certificate of calibration has been provided showing that the instrument conforms to the manufacturer's specifications for accuracy. [ 41 FR 36818 , Sept. 1, 1976; 41 FR 43152 , Sept. 30, 1976, as amended at 51 FR 2707 , Jan. 21, 1986] § 73.1216 Licensee-conducted contests. ( a ) A licensee that broadcasts or advertises information about a contest it conducts shall fully and accurately disclose the material terms of the contest, and shall conduct the contest substantially as announced or advertised over the air or on the Internet. No contest description shall be false, misleading or deceptive with respect to any material term. ( 1 ) A contest is a scheme in which a prize is offered or awarded, based upon chance, diligence, knowledge or skill, to members of the public; ( 2 ) Material terms include those factors which define the operation of the contest and which affect participation therein. Although the material terms may vary widely depending upon the exact nature of the contest, they will generally include: How to enter or participate; eligibility restrictions; entry deadline dates; whether prizes can be won; when prizes can be won; the extent, nature and value of prizes; basis for valuation of prizes; time and means of selection of winners; and/or tie-breaking procedures. ( 3 ) In general, the time and manner of disclosure of the material terms of a contest are within the licensee's discretion. However, the obligation to disclose the material terms arises at the time the audience is first told how to enter or participate and continues thereafter. ( b ) The disclosure of material terms shall be made by the station conducting the contest by either: ( 1 ) Periodic disclosures broadcast on the station; or ( 2 ) Written disclosures on the station's Internet Web site, the licensee's Web site, or if neither the individual station nor the licensee has its own Web site, any Internet Web site that is publicly accessible. ( c ) In the case of disclosure under paragraph (b)(1) of this section, a reasonable number of periodic broadcast disclosures is sufficient. In the case of disclosure under paragraph (b)(2) of this section, the station shall: ( 1 ) Establish a conspicuous link or tab to material contest terms on the home page of the Internet Web site; ( 2 ) Announce over the air periodically the availability of material contest terms on the Web site and identify the Web site address where the terms are posted with information sufficient for a consumer to find such terms easily; and ( 3 ) Maintain material contest terms on the Web site for at least thirty days after the contest has concluded. Any changes to the material terms during the course of the contest must be fully disclosed on air within 24 hours of the change on the Web site and periodically thereafter or the fact that such changes have been made must be announced on air within 24 hours of the change, and periodically thereafter, and such announcements must direct participants to the written disclosures on the Web site. Material contest terms that are disclosed on an Internet Web site must be consistent in all substantive respects with those mentioned over the air. ( d ) This section is not applicable to licensee-conducted contests not broadcast or advertised to the general public or to a substantial segment thereof, to contests in which the general public is not requested or permitted to participate, to the commercial advertisement of non-licensee-conducted contests, or to a contest conducted by a non-broadcast division of the licensee or by a non-broadcast company related to the licensee. [ 80 FR 64361 , Oct. 23, 2015, as amended at 89 FR 7254 , Feb. 1, 2024] § 73.1217 Broadcast hoaxes. ( a ) No licensee or permittee of any broadcast station shall broadcast false information concerning a crime or a catastrophe if: ( 1 ) The licensee knows this information is false; ( 2 ) It is foreseeable that broadcast of the information will cause substantial public harm, and ( 3 ) Broadcast of the information does in fact directly cause substantial public harm. ( b ) Any programming accompanied by a disclaimer will be presumed not to pose foreseeable harm if the disclaimer clearly characterizes the program as a fiction and is presented in a way that is reasonable under the circumstances. ( c ) For purposes of this rule, “public harm” must begin immediately, and cause direct and actual damage to property or to the health or safety of the general public, or diversion of law enforcement or other public health and safety authorities from their duties. The public harm will be deemed foreseeable if the licensee could expect with a significant degree of certainty that public harm would occur. A “crime” is any act or omission that makes the offender subject to criminal punishment by law. A “catastrophe” is a disaster or imminent disaster involving violent or sudden event affecting the public. [ 89 FR 7254 , Feb. 1, 2024] § 73.1225 Station inspections by FCC. ( a ) The licensee of a broadcast station shall make the station available for inspection by representatives of the FCC during the station's business hours, or at any time it is in operation. ( b ) In the course of an inspection or investigation, an FCC representative may require special equipment tests, program tests or operation with nighttime or presunrise facilities during daytime hours pursuant to § 0.314 , part 0, of the FCC rules. ( c ) The following records shall be made available by all broadcast stations upon request by representatives of the FCC. ( 1 ) Equipment performance measurements required by §§ 73.1590 and 73.1690 . ( 2 ) The written designations for chief operators and, when applicable, the contracts for chief operators engaged on a contract basis. ( 3 ) Application for modification of the transmission system made pursuant to § 73.1690(c) . ( 4 ) Informal statements or drawings depicting any transmitter modification made pursuant to § 73.1690(e) . ( 5 ) Station logs and special technical records. ( d ) Commercial and noncommercial AM stations must make the following information also available upon request by representatives of the FCC. ( 1 ) Copy of the most recent antenna or common-point impedance measurements. ( 2 ) Copy of the most recent field strength measurements made to establish performance of directional antennas required by § 73.151 . ( 3 ) Copy of the partial directional antenna proofs of performance made in accordance with § 73.154 and made pursuant to the following requirements: ( i ) Section 73.68, Sampling systems for antenna monitors. ( ii ) Section 73.69, Antenna monitors. ( iii ) Section 73.61, AM direction antenna field strength measurements. [ 43 FR 45846 , Oct. 4, 1978; 43 FR 50683 , Oct. 31, 1978, as amended at 51 FR 41629 , Nov. 18, 1986; 51 FR 44478 , Dec. 10, 1986; 57 FR 48333 , Oct. 23, 1992] § 73.1226 Availability to FCC of station logs and records. The following shall be made available to any authorized representative of the FCC upon request: ( a ) Station records and logs shall be made available for inspection or duplication at the request of the FCC or its representative. Such logs or records may be removed from the licensee's possession by an FCC representative or, upon request, shall be mailed by the licensee to the FCC by either registered mail, return receipt requested, or certified mail, return receipt requested. The return receipt shall be retained by the licensee as part of the station records until such records or logs are returned to the licensee. A receipt shall be furnished when the logs or records are removed from the licensee's possession by an FCC representative and this receipt shall be retained by the licensee as part of the station records until such records or logs are returned to the licensee. When the FCC has no further need for such records or logs, they shall be returned to the licensee. The provisions of this rule shall apply solely to those station logs and records which are required to be maintained by the provisions of this chapter. ( 1 ) Logs and records stored on microfilm, microfiche or other data-storage systems are subject to the requirements pertaining thereto found in § 73.1840(b) . ( b ) Where records or logs are maintained as the official records of a recognized law enforcement agency and the removal of the records from the possession of the law enforcement agency will hinder its law enforcement activities, such records will not be removed pursuant to this section if the chief of the law enforcement agency promptly certifies in writing to the FCC that removal of the logs or records will hinder law enforcement activities of the agency, stating insofar as feasible the basis for his decision and the date when it can reasonably be expected that such records will be released to the FCC. [ 43 FR 45847 , Oct. 4, 1978; 43 FR 50683 , Oct. 31, 1978, as amended at 45 FR 41151 , June 18, 1980; 48 FR 28457 , June 22, 1983; 83 FR 65557 , Dec. 21, 2018] § 73.1250 Broadcasting emergency information. ( a ) Emergency situations in which the broadcasting of information is considered as furthering the safety of life and property include, but are not limited to the following: Tornadoes, hurricanes, floods, tidal waves, earthquakes, icing conditions, heavy snows, widespread fires, discharge of toxic gasses, widspread power failures, industrial explosions, civil disorders and school closing and changes in school bus schedules resulting from such conditions. See also § 73.3542 , Application for Emergency Authorization, for requirements involving emergency situations not covered by this section for which prior operating authority must be requested. ( b ) If requested by responsible public officials, a station may, at its discretion, and without further FCC authority, transmit emergency point-to-point messages for the purpose of requesting or dispatching aid and assisting in rescue operations. ( c ) If the Emergency Alert System (EAS) is activated for a national emergency while a Local Area or State emergency operation is in progress, the national level EAS operation must take precedence. If, during the broadcasting of Local Area or State emergency information, the EAS codes or Attention Signal described in § 11.12 of this chapter are used, the broadcasts are considered as being carried out under a Local Area or State EAS plan. ( d ) Any emergency operation undertaken in accordance with this section may be terminated by the FCC if required in the public interest. ( e ) Immediately upon cessation of an emergency during which broadcast facilities were used for the transmission of point-to-point messages under paragraph (b) of this section, or when daytime facilities were used during nighttime hours by an AM station in accordance with paragraph (f) of this section, a report in letter form shall be forwarded to the FCC's main office indicated in § 0.401(a) of this chapter setting forth the nature of the emergency, the dates and hours of the broadcasting of emergency information, and a brief description of the material carried during the emergency. A certification of compliance with the noncommercialization provision of paragraph (f) of this section must accompany the report where daytime facilities are used during nighttime hours by an AM station, together with a detailed showing, under the provisions of that paragraph, that no other broadcast service existed or was adequate. ( f ) AM stations may, without further FCC authority, use their full daytime facilities during nighttime hours to broadcast emergency information (examples listed in paragraph (a) of this section), when necessary to the safety of life and property, in dangerous conditions of a general nature and when adequate advance warning cannot be given with the facilities authorized. Because of skywave interference impact on other stations assigned to the same channel, such operation may be undertaken only if regular, unlimited-time service, is non-existent, inadequate from the standpoint of coverage, or not serving the public need. All operation under this paragraph must be conducted on a noncommercial basis. Recorded music may be used to the extent necessary to provide program continuity. ( g ) Broadcasting of emergency information shall be confined to the hours, frequencies, powers and modes of operation specified in the station license, except as otherwise provided for AM stations in paragraph (f) of this section. ( h ) Any emergency information transmitted by a TV or Class A TV station in accordance with this section shall be transmitted both aurally and visually or only visually. TV and Class A TV stations may use any method of visual presentation which results in a legible message conveying the essential emergency information. Methods which may be used include, but are not necessarily limited to, slides, electronic captioning, manual methods (e.g., hand printing) or mechanical printing processes. However, when an emergency operation is being conducted under a national, State or Local Area Emergency Alert System (EAS) plan, emergency information shall be transmitted both aurally and visually unless only the EAS codes are transmitted as specified in § 11.51(b) of this chapter . [ 43 FR 45847 , Oct. 4, 1978, as amended at 50 FR 30947 , July 31, 1985; 59 FR 67102 , Dec. 28, 1994; 60 FR 56000 , Nov. 6, 1995; 65 FR 30003 , May 10, 2000; 89 FR 7255 , Feb. 1, 2024] § 73.1300 Unattended station operation. Broadcast stations may be operated as either attended (where a designated person is responsible for the proper operation of the transmitting apparatus either at the transmitter site, a remote control point or an ATS control point) or unattended (where highly stable equipment or automated monitoring of station operating parameters is employed). No prior FCC approval is required to operate a station in the unattended mode. Regardless of which method of station operation is employed, licensees must employ procedures which will ensure compliance with Part 11 of this chapter , the rules governing the Emergency Alert System (EAS). [ 60 FR 55481 , Nov. 1, 1995] § 73.1350 Transmission system operation. ( a ) Each licensee is responsible for maintaining and operating its broadcast station in a manner which complies with the technical rules set forth elsewhere in this part and in accordance with the terms of the station authorization. ( b ) The licensee must designate a chief operator in accordance with § 73.1870 . The licensee may designate one or more technically competent persons to adjust the transmitter operating parameters for compliance with the technical rules and the station authorization. ( 1 ) Persons so authorized by the licensee may make such adjustments directly at the transmitter site or by using control equipment at an off-site location. ( 2 ) The transmitter control personnel must have the capability to turn the transmitter off at all times. If the personnel are at a remote location, the control system must provide this capability continuously or must include an alternate method of acquiring control that can satisfy the requirement of paragraph (e) of this section that operation be terminated within three minutes. ( c ) The licensee must establish monitoring procedures and schedules for the station and the indicating instruments employed must comply with § 73.1215 . ( 1 ) Monitoring procedures and schedules must enable the licensee to determine compliance with § 73.1560 regarding operating power and AM station mode of operation, § 73.1570 regarding modulation levels, and, where applicable, § 73.1213 regarding antenna tower lighting, and § 73.69 regarding the parameters of an AM directional antenna system. ( 2 ) Monitoring equipment must be periodically calibrated so as to provide reliable indications of transmitter operating parameters with a known degree of accuracy. Errors inherent in monitoring equipment and the calibration procedure must be taken into account when adjusting operating parameters to ensure that the limits imposed by the technical rules and the station authorization are not exceeded. ( d ) In the event that a broadcast station is operating in a manner that is not in compliance with the applicable technical rules set forth elsewhere in this part or the terms of the station authorization, and the condition is not listed in paragraph (e) or (f) of this section, broadcast operation must be terminated within three hours unless antenna input power is reduced sufficiently to eliminate any excess radiation. Examples of conditions that require termination of operation within three hours include excessive power, excessive modulation or the emission of spurious signals that do not result in harmful interference. ( e ) If a broadcast station is operating in a manner that poses a threat to life or property or that is likely to significantly disrupt the operation of other stations, immediate corrective action is required. In such cases, operation must be terminated within three minutes unless antenna input power is reduced sufficiently to eliminate any excess radiation. Examples of conditions that require immediate corrective action include the emission of spurious signals that cause harmful interference, any mode of operation not specified by the station license for the pertinent time of day, or operation substantially at variance from the authorized radiation pattern. ( f ) If a broadcast station is operating in a manner that is not in compliance with one of the following technical rules, operation may continue if the station complies with relevant alternative provisions in the specified rule section. ( 1 ) AM directional antenna system tolerances, see § 73.62 ; ( 2 ) AM directional antenna monitoring points, see § 73.158 ; ( 3 ) [Reserved] ( 4 ) Reduced power operation, see § 73.1560(d) ; ( 5 ) Reduced modulation level, see § 73.1570(a) ; ( 6 ) Emergency antennas, see § 73.1680 . ( g ) The transmission system must be maintained and inspected in accordance with § 73.1580 . ( h ) Whenever a transmission system control point is established at a location other than the main studio or transmitter, a letter of notification of that location must be sent to the FCC via a Change of Control Point Notice in LMS within 3 days of the initial use of that point. The letter should include a list of all control points in use, for clarity. This notification is not required if responsible station personnel can be contacted at the transmitter or studio site during hours of operation. ( i ) The licensee must ensure that the station is operated in compliance with Part 11 of this chapter , the rules governing the Emergency Alert System (EAS). [ 60 FR 55481 , Nov. 1, 1995, as amended at 63 FR 33877 , June 22, 1998; 67 FR 13232 , Mar. 21, 2002; 72 FR 44423 , Aug. 8, 2007; 89 FR 7255 , Feb. 1, 2024] § 73.1400 Transmission system monitoring and control. The licensee of an AM, FM, TV or Class A TV station is responsible for assuring that at all times the station operates within tolerances specified by applicable technical rules contained in this part and in accordance with the terms of the station authorization. Any method of complying with applicable tolerances is permissible. The following are typical methods of transmission system operation: ( a ) Attended operation. ( 1 ) Attended operation consists of ongoing supervision of the transmission facilities by a station employee or other person designated by the licensee. Such supervision may be accomplished by either: ( i ) Direct supervision and control of transmission system parameters by a person at the transmitter site; or ( ii ) Remote control of the transmission system by a person at a studio or other location. The remote control system must provide sufficient transmission system monitoring and control capability so as to ensure compliance with § 73.1350 . ( 2 ) A station may also be monitored and controlled by an automatic transmission system (ATS) that is configured to contact a person designated by the licensee in the event of a technical malfunction. An automatic transmission system consists of monitoring devices, control and alarm circuitry, arranged so that they interact automatically to operate the station's transmitter and maintain technical parameters within licensed values. ( 3 ) A hybrid system containing some remote control and some ATS features is also permissible. ( 4 ) In the case of remote control or ATS operation, not every station parameter need be monitored or controlled if the licensee has good reason to believe that its stability is so great that its monitoring and control are unnecessary. ( b ) Unattended operation. Unattended operation is either the absence of human supervision or the substitution of automated supervision of a station's transmission system for human supervision. In the former case, equipment is employed which is expected to operate within assigned tolerances for extended periods of time. The latter consists of the use of a self-monitoring or ATS-monitored and controlled transmission system that, in lieu of contacting a person designated by the licensee, automatically takes the station off the air within three hours of any technical malfunction which is capable of causing interference. [ 60 FR 55481 , Nov. 1, 1995, as amended at 65 FR 30003 , May 10, 2000; 82 FR 57882 , Dec. 8, 2017] § 73.1515 Special field test authorizations. ( a ) A special field test authorization may be issued to conduct field strength surveys to aid in the selection of suitable sites for broadcast transmission facilities, determine coverage areas, or to study other factors influencing broadcast signal propagation. The applicant for the authorization must be qualified to hold a license under section 303(1)(l) of the Communications Act. ( b ) Requests for authorizations to operate a transmitter under a Special field test authorization must be in writing using an informal application in letter form, signed by the applicant and including the following information: ( 1 ) Purpose, duration and need for the survey. ( 2 ) Frequency, transmitter output powers and time of operation. ( 3 ) A brief description of the test antenna system, its estimated effective radiated field and height above ground or average terrain, and the geographic coordinates of its proposed location(s). ( c ) Operation under a special field test authorization is subject to the following conditions: ( 1 ) No objectionable interference will result to the operation of other authorized radio services; in this connection, the power requested shall not exceed that necessary for the purposes of the test. ( 2 ) The carriers will be unmodulated except for the transmission of a test-pattern on a visual TV transmitter, and for hourly voice station identification on aural AM, FM and TV transmitters. ( 3 ) The transmitter output power or antenna input power may not exceed those specified in the test authorization and the operating power must be maintained at a constant value for each phase of the tests. ( 4 ) The input power to the final amplifier stage, and the AM antenna current or the FM or TV transmitter output power must be observed and recorded at half hour intervals and at any time that the power is adjusted or changed. Copies of these records must be submitted to the FCC with the required report. ( 5 ) The test equipment may not be permanently installed, unless such installation has been separately authorized. Mobile units are not deemed permanent installations. ( 6 ) Test transmitters must be operated by or under the immediate direction of an operator holding a commercial radio operator license (any class, unless otherwise endorsed). ( 7 ) A report, containing the measurements, their analysis and other results of the survey shall be filed with the FCC in Washington, DC within sixty (60) days following the termination of the test authorization. ( 8 ) The test transmission equipment, installation and operation thereof need not comply with the requirements of FCC rules and standards except as specified in this section if the equipment, installation and operation are consistent with good engineering principles and practices. ( d ) A special field test authorization may be modified or terminated by notification from the FCC if in its judgment such action will promote the public interest, convenience and necessity. [ 44 FR 58734 , Oct. 11, 1979, as amended at 46 FR 35463 , July 8, 1981; 49 FR 4211 , Feb. 3, 1984; 49 FR 20670 , May 16, 1984] § 73.1520 Operation for tests and maintenance. ( a ) Broadcast stations may be operated for tests and maintenance of their transmitting systems on their assigned frequencies using their licensed operating power and antennas during their authorized hours of operation without specific authorization from the FCC. ( b ) Licensees of AM stations may operate for tests and maintenance during the hours from 12 midnight local time to local sunrise, if no interference is caused to other stations maintaining a regular operating schedule within such period. No AM station licensed for “daytime” or “specified hours” of operation may broadcast any regular or scheduled programs during this period of test and maintenance operation. ( c ) Licensees of AM stations may obtain special antenna test authorizations, and operate under the provisions described in § 73.157 , to operate with nighttime facilities during daytime hours in conducting directional antenna field strength and antenna proof of performance measurements. [ 43 FR 32783 , July 28, 1978, as amended at 45 FR 6401 , Jan. 28, 1980] § 73.1530 Portable test stations [Definition]. A portable test station is one that is moved from place to place for making field strength and ground conductivity measurements, for selecting station transmitter sites, and conducting other specialized propagation tests. Portable test stations are not normally used while in motion, and may not be used for the transmission of programs intended to be received by the public. [ 43 FR 32783 , July 28, 1978] § 73.1540 Carrier frequency measurements. ( a ) The carrier frequency of each AM and FM station shall be measured or determined as often as necessary to ensure that they are maintained within the prescribed tolerances. ( b ) In measuring the carrier frequency, the licensee may use any method or procedure that has sufficient precision to establish that the carrier frequency is within the prescribed departure limits. ( c ) The primary standard of frequency for radio frequency measurements is the standard frequency maintained by the National Bureau of Standards or the standard signals of Stations WWV, WWVB, and WWVH of the National Bureau of Standards. [ 43 FR 32783 , July 28, 1978, as amended at 48 FR 44805 , Sept. 30, 1983; 65 FR 30004 , May 10, 2000; 89 FR 7255 , Feb. 1, 2024] § 73.1545 Carrier frequency departure tolerances. ( a ) AM stations. The departure of the carrier frequency for monophonic transmissions or center frequency for stereophonic transmissions may not exceed ±20 Hz from the assigned frequency. ( b ) FM stations. ( 1 ) The departure of the carrier or center frequency of an FM station with an authorized transmitter output power more than 10 watts may not exceed ±2000 Hz from the assigned frequency. ( 2 ) The departure of the carrier or center frequency of an FM station with an authorized transmitter output power of 10 watts or less may not exceed ±3000 Hz from the assigned frequency. ( c ) [Reserved] ( d ) International broadcast stations. The departure of the carrier frequency of an International broadcast station may not exceed 0.0015% of the assigned frequency on which the station is transmitting. [ 44 FR 58734 , Oct. 11, 1979; 44 FR 64408 , Nov. 7, 1979, as amended at 47 FR 13165 , Mar. 29, 1982; 65 FR 30004 , May 10, 2000; 67 FR 21691 , May 1, 2001; 89 FR 7255 , Feb. 1, 2024] § 73.1560 Operating power and mode tolerances. ( a ) AM stations. ( 1 ) Except for AM stations using modulation dependent carrier level (MDCL) control technology, or as provided for in paragraph (d) of this section, the antenna input power of an AM station, as determined by the procedures specified in § 73.51 , must be maintained as near as practicable to the authorized antenna input power and may not be less than 90 percent nor greater than 105 percent of the authorized power. AM stations may, without prior Commission authority, commence MDCL control technology use, provided that within 10 days after commencing such operation, the licensee submits an electronic notification of commencement of MDCL control operation using FCC Form 2100 Schedule 338. The transmitter of an AM station operating using MDCL control technology, regardless of the MDCL control technology employed, must achieve full licensed power at some audio input level or when the MDCL control technology is disabled. MDCL control operation must be disabled before field strength measurements on the station are taken. ( 2 ) Whenever the transmitter of an AM station cannot be placed into the specified operating mode at the time required, transmissions of the station must be immediately terminated. However, if the radiated field at any bearing or elevation does not exceed that permitted for that time of day, operation in the mode with the lesser radiated field may continue under the notification procedures of paragraph (d) of this section. ( b ) FM stations. Except as provided in paragraph (d) of this section, the transmitter output power of an FM station, with power output as determined by the procedures specified in § 73.267 , which is authorized for output power more than 10 watts must be maintained as near as practicable to the authorized transmitter output power and may not be less than 90% nor more than 105% of the authorized power. FM stations operating with authorized transmitter output power of 10 watts or less, may operate at less than the authorized power, but not more than 105% of the authorized power. ( c ) TV stations. ( 1 ) Except as provided in paragraph (d) of this section, the output power of a TV or Class A TV transmitter, as determined by the procedures specified in § 73.664 , must be maintained as near as is practicable to the authorized transmitter output power and may not be less than 80% nor more than 110% of the authorized power. ( 2 ) [Reserved] ( 3 ) The FCC may specify deviation from the power of tolerance requirements for subscription television operations to the extent it deems necessary to permit proper operation. ( d ) Reduced power operation. In the event it becomes technically impossible to operate at authorized power, a broadcast station may operate at reduced power for a period of not more than 30 days without specific authority from the FCC. If operation at reduced power will exceed 10 consecutive days, notification must be made to the FCC in a Reduced Power Notification via LMS, not later than the 10th day of the lower power operation. In the event that normal power is restored within the 30 day period, the licensee must notify the FCC of the date that normal operation was restored. If causes beyond the control of the licensee prevent restoration of the authorized power within 30 days, a request for Special Temporary Authority (see § 73.1635 ) must be made to the FCC via LMS for additional time as may be necessary. [ 44 FR 58734 , Oct. 11, 1979, as amended at 49 FR 22093 , May 25, 1984; 49 FR 29069 , July 18, 1984; 49 FR 47610 , Dec. 6, 1984; 50 FR 26568 , June 27, 1985; 50 FR 40015 , Oct. 1, 1985; 63 FR 33877 , June 22, 1998; 65 FR 30004 , May 10, 2000; 67 FR 13232 , Mar. 21, 2002; 81 FR 2760 , Jan. 19, 2016; 89 FR 7255 , Feb. 1, 2024] § 73.1570 Modulation levels: AM and FM. ( a ) The percentage of modulation is to be maintained at as high a level as is consistent with good quality of transmission and good broadcast service, with maximum levels not to exceed the values specified in paragraph (b). Generally, the modulation should not be less than 85% on peaks of frequent recurrence, but where lower modulation levels may be required to avoid objectionable loudness or to maintain the dynamic range of the program material, the degree of modulation may be reduced to whatever level is necessary for this purpose, even though under such circumstances, the level may be substantially less than that which produces peaks of frequent recurrence at a level of 85%. ( b ) Maximum modulation levels must meet the following limitations: ( 1 ) AM stations. In no case shall the amplitude modulation of the carrier wave exceed 100% on negative peaks of frequent recurrence, or 125% on positive peaks at any time. ( i ) AM stations transmitting stereophonic programs not exceed the AM maximum stereophonic transmission signal modulation specifications of stereophonic system in use. ( ii ) For AM stations transmitting telemetry signals for remote control or automatic transmission system operation, the amplitude of modulation of the carrier by the use of subaudible tones must not be higher than necessary to effect reliable and accurate data transmission and may not, in any case, exceed 6%. ( 2 ) FM stations. The total modulation must not exceed 100 percent on peaks of frequent reoccurrence referenced to 75 kHz deviation. However, stations providing subsidiary communications services using subcarriers under provisions of § 73.319 concurrently with the broadcasting of stereophonic or monophonic programs may increase the peak modulation deviation as follows: ( i ) The total peak modulation may be increased 0.5 percent for each 1.0 percent subcarrier injection modulation. ( ii ) In no event may the modulation of the carrier exceed 110 percent (82.5 kHz peak deviation). ( 3 ) [Reserved] ( c ) If a limiting or compression amplifier is employed to maintain modulation levels, precaution must be taken so as not to substantially alter the dynamic characteristics of programs. [ 44 FR 58735 , Oct. 11, 1979, as amended at 47 FR 13165 , Mar. 29, 1982; 49 FR 14508 , Apr. 12, 1984; 49 FR 15081 , Apr. 17, 1984; 49 FR 27147 , July 2, 1984; 49 FR 47610 , Dec. 6, 1984; 49 FR 48312 , Dec. 12, 1984; 51 FR 26251 , July 22, 1986; 56 FR 64872 , Dec. 12, 1991; 65 FR 30004 , May 10, 2000; 89 FR 7255 , Feb. 1, 2024] § 73.1580 Transmission system inspections. Each AM, FM, TV and Class A TV station licensee or permittee must conduct periodic complete inspections of the transmitting system and all required monitors to ensure proper station operation. [ 65 FR 30004 , May 10, 2000] § 73.1590 Equipment performance measurements. ( a ) The licensee of each AM, FM, TV and Class A TV station, except licensees of Class D non-commercial educational FM stations authorized to operate with 10 watts or less output power, must make equipment performance measurements for each main transmitter as follows: ( 1 ) Upon initial installation of a new or replacement main transmitter. ( 2 ) Upon modification of an existing transmitter made under the provisions of § 73.1690 , Modification of transmission systems, and specified therein. ( 3 ) Installation of AM stereophonic transmission equipment pursuant to § 73.128 . ( 4 ) Installation of FM subcarrier or stereophonic transmission equipment pursuant to § 73.295 , § 73.297 , § 73.593 or § 73.597 . ( 5 ) [Reserved] ( 6 ) Annually, for AM stations, with not more than 14 months between measurements. ( 7 ) When required by other provisions of the rules or the station license. ( b ) Measurements for spurious and harmonic emissions must be made to show compliance with the transmission system requirements of § 73.44 for AM stations; § 73.317 for FM stations and § 73.687 for TV stations. Measurements must be made under all conditions of modulation expected to be encountered by the station whether transmitting monophonic or stereophonic programs and providing subsidiary communications services. ( c ) TV visual equipment performance measurements must be made with the equipment adjusted for normal program operation at the transmitter antenna sampling port to yield the following information: ( 1 ) [Reserved] ( 2 ) Data showing that the waveform of the transmitted signal conforms to that specified by the standards for TV transmissions. ( 3 ) [Reserved] ( 4 ) Data showing envelope delay characteristics of the radiated signal. ( 5 ) Data showing the attenuation of spurious and harmonic radiation, if, after type acceptance, any changes have been made in the transmitter or associated equipment (filters, multiplexer, etc.) which could cause changes in its radiation products. ( d ) The data required by paragraphs (b) and (c) of this section, together with a description of the equipment and procedure used in making the measurements, signed and dated by the qualified person(s) making the measurements, must be kept on file at the transmitter or remote control point for a period of 2 years, and on request must be made available during that time to duly authorized representatives of the FCC. [ 47 FR 8589 , Mar. 1, 1982, as amended at 51 FR 18450 , May 20, 1986; 65 FR 30004 , May 10, 2000; 89 FR 7255 , Feb. 1, 2024] § 73.1610 Equipment tests. ( a ) During the process of construction of a new broadcast station, the permittee, after notifying the FCC in Washington, D.C. may, without further authority from the FCC, conduct equipment tests for the purpose of making such adjustments and measurements as may be necessary to assure compliance with the terms of the construction permit, the technical provisions of the application therefore, the rules and regulations and the applicable engineering standards. For AM stations, equipment tests, including either a directional or nondirectional proof of performance required by the construction permit, may be conducted during daytime hours provided that the antenna system is first substantially tuned during the experimental period. The nondirectional proof shall be conducted with power adjusted to 25% of that specified in the permit for the authorized directional facilities or, if applicable, to such higher power as is specified in the same permit for authorized nondirectional facilities. For licensed stations, see § 73.1615 , Operation During Modification of Facilities; and § 73.157 , Antenna Testing During Daytime. ( b ) The FCC may notify the permittee not to conduct equipment tests or may modify, cancel, suspend, or change the modes of testing or the dates and times for such tests in order to resolve interference complaints or when such action may appear to be in the public interest, convenience, and necessity. ( c ) Equipment tests may be continued so long as the construction permit shall remain valid. ( d ) The authorization for tests embodied in this section shall not be construed as constituting a license to operate but as a necessary part of construction. [ 43 FR 32783 , July 28, 1978, as amended at 47 FR 40174 , Sept. 13, 1982; 50 FR 30947 , July 31, 1985] § 73.1615 Operation during modification of facilities. When the licensee of an existing AM, FM, TV or Class A TV station is in the process of modifying existing facilities as authorized by a construction permit and determines it is necessary to either discontinue operation or to operate with temporary facilities to continue program service, the following procedures apply: ( a ) Licensees holding a construction permit for modification of directional or nondirectional FM, TV or Class A TV or nondirectional AM station facilities may, without specific FCC authority, for a period not exceeding 30 days: ( 1 ) Discontinue operation, or ( 2 ) Operate with temporary facilities to maintain, as nearly as possible, but not exceed, the size of the presently licensed coverage area. ( b ) Licensees of an AM station holding a construction permit which involves directional facilities and which does not involve a change in operating frequency may, without specific FCC authority, for a period not exceeding 30 days: ( 1 ) Discontinue operation, or ( 2 ) Operate with reduced power or with parameters at variance from licensed tolerances while maintaining monitoring point field strengths within licensed limits during the period subsequent to the commencement of modifications authorized by the construction permit, or ( 3 ) Operate in a nondirectional mode during the presently licensed hours of directional operation with power reduced to 25% or less of the nominal licensed power, or whatever higher power, not exceeding licensed power, will ensure that the radiated field strength specified by the license is not exceeded at any given azimuth for the corresponding hours of directional operation, or ( 4 ) Operate in a nondirectional mode during daytime hours, if not already so licensed, only as necessary to conduct a required nondirectional proof of performance with a power not to exceed 25% of the maximum power authorized by the construction permit for directional operation, or ( 5 ) Operate during daytime hours with either the daytime or nighttime directional pattern and with the power authorized by the construction permit only as necessary to take proof of performance measurements. Operating power shall be promptly reduced to presently licensed level during any significant period of time that these measurements are not being taken. No daytime operation of construction permit directional patterns authorized by this paragraph shall be conducted before such patterns have been substantially tuned during the experimental period. ( 6 ) In the event the directional pattern authorized by the construction permit replaces a licensed directional pattern, the licensee may operate with the substantially adjusted construction permit pattern during the corresponding licensed hours of directional operation with power not exceeding that specified for the licensed pattern. ( c ) Such operation or discontinuance of operation in accordance with the provisions of paragraph (a) or (b) of this section may begin upon notification to the FCC in Washington, DC. ( 1 ) Should it be necessary to continue the procedures in either paragraph (a) or (b) of this section beyond 30 days, a Silent STA application or an Engineering STA application must be filed via LMS. ( 2 ) The license of a broadcasting station that fails to transmit broadcast signals for any consecutive 12-month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of the license or construction permit to the contrary. ( d ) Licensees of an AM station holding a construction permit which authorizes both a change in frequency and directional facilities must request and obtain authority from the FCC in Washington, DC. prior to using any new installation authorized by the permit, or using temporary facilities. ( 1 ) The request is to be made at least 10 days prior to the date on which the temporary operation is to commence. The request is to be made by letter which shall describe the operating modes and facilities to be used. Such letter requests shall be signed by the licensee or the licensee's representative. ( 2 ) Discontinuance of operation is permitted upon notification to the FCC In Washington, DC. Should it be necessary to discontinue operation longer than 30 days, an informal letter request, signed by the licensee or the licensee's representatives, must be sent to the FCC in Washington, DC prior to the 30th day. ( e ) The FCC may modify or cancel the temporary operation permitted under the provisions of paragraph (a) , (b) , (c) or (d) of this section without prior notice or right to hearing. [ 50 FR 30947 , July 31, 1985, as amended at 61 FR 28767 , June 6, 1996; 65 FR 30004 , May 10, 2000; 89 FR 7255 , Feb. 1, 2024] § 73.1620 Program tests. ( a ) Upon completion of construction of an AM, FM, TV or Class A TV station in accordance with the terms of the construction permit, the technical provisions of the application, the rules and regulations and the applicable engineering standards, program tests may be conducted in accordance with the following: ( 1 ) The permittee of a nondirectional AM or FM station, or a nondirectional or directional TV or Class A TV station, may begin program tests upon notification to the FCC in a “Program Test Authority” filing via LMS provided that within 10 days thereafter, an application for a license is filed with the FCC in Washington, DC. Television, Class A, TV translator, and low power television broadcast stations authorized on channel 14 must comply with § 73.617(b)(2)(ii) . ( 2 ) The permittee of an FM station with a directional antenna system must file an application for license on FCC Form 2100 Schedule 302-FM in LMS requesting authority to commence program test operations at full power. This license application must be filed at least 10 days prior to the date on which full power operations are desired to commence. The application for license must contain any exhibits called for by conditions on the construction permit. The staff will review the license application and the request for program test authority and issue a letter notifying the applicant whether full power operation has been approved. Upon filing of the license application and related exhibits, and while awaiting approval of full power operation, the FM permittee may operate the directional antenna at one half (50%) of the authorized effective radiated power. Alternatively, the permittee may continue operation with its existing licensed facilities pending the issuance of program test authority at the full effective radiated power by the staff. ( 3 ) FM licensees replacing a directional antenna pursuant to § 73.1690(c)(2) without changes which require a construction permit ( see § 73.1690(b) ) may immediately commence program test operations with the new antenna at one half (50%) of the authorized ERP upon installation. If the directional antenna replacement is an EXACT duplicate of the antenna being replaced ( i.e., same manufacturer, antenna model number, and measured composite pattern), program tests may commence with the new antenna at the full authorized power upon installation. The licensee must file a modification of license application on FCC Form 2100 Schedule 302-FM within 10 days of commencing operations with the newly installed antenna, and the license application must contain all of the exhibits required by § 73.1690(c)(2) . After review of the modification-of-license application to cover the antenna change, the Commission will issue a letter notifying the applicant whether program test operation at the full authorized power has been approved for the replacement directional antenna. ( 4 ) The permittee of an AM station with a directional antenna system must file an application for license on FCC Form 302-AM requesting program test authority with the FCC in Washington, DC at least ten (10) days prior to the date on which it desires to commence program test operations. The application must provide an AM directional antenna proof of performance, containing the exhibits required by § 73.186 . After review of the application to cover the construction permit, the Commission will issue a letter notifying the applicant whether program test operations may commence. Program test operations may not commence prior to issuance of staff approval. ( 5 ) Except for permits subject to successive license terms, the permittee of an LPFM station may begin program tests upon notification to the FCC in Washington, DC, provided that within 10 days thereafter, an application for license is filed. Program tests may be conducted by a licensee subject to mandatory license terms only during the term specified on such licensee's authorization. ( b ) The Commission reserves the right to revoke, suspend, or modify program tests by any station without right of hearing for failure to comply adequately with all terms of the construction permit or the provisions of § 73.1690(c) for a modification of license application, or in order to resolve instances of interference. The Commission may, at its discretion, also require the filing of a construction permit application to bring the station into compliance the Commission's rules and policies. ( c ) Unless sooner suspended or revoked, the program test authority continues valid during FCC consideration of the application for license, and during this period further extension of the construction permit is not required. Program test authority shall be automatically terminated by final determination upon the application for station license. ( d ) All operation under program test authority shall be in strict compliance with the rules governing broadcast stations and in strict accordance with representations made in the application for license pursuant to which the tests were authorized. ( e ) Acceptance by the FCC of notification of the station of program tests, or the granting of program test authority by the FCC, is not to be construed by the permittee as approval by the FCC of the application for station license. [ 43 FR 32784 , July 28, 1978, as amended at 45 FR 6401 , Jan. 28, 1980; 47 FR 28388 , June 30, 1982; 49 FR 38132 , Sept. 27, 1984; 56 FR 795 , Jan. 9, 1991; 56 FR 25639 , June 5, 1991; 57 FR 48333 , Oct. 23, 1992; 62 FR 51059 , Sept. 30, 1997; 65 FR 7648 , Feb. 15, 2000; 65 FR 30004 , May 10, 2000; 87 FR 35431 , June 10, 2022; 89 FR 7256 , Feb. 1, 2024] § 73.1635 Special temporary authorizations (STA). ( a ) A special temporary authorization (STA) is the authority granted to a permittee or licensee to permit the operation of a broadcast facility for a limited period at a specified variance from the terms of the station authorization or requirements of the FCC rules applicable to the particular class of station. ( 1 ) A request for a STA should be filed with FCC in Washington, DC at least 10 days prior to the date of the proposed operation. ( 2 ) The request is to be filed electronically in LMS using the “Engineering STA Application” and shall fully describe the proposed operation and the necessity for the requested STA. Such letter requests shall be signed by the licensee or the licensee's representative. ( 3 ) A request for a STA necessitated by unforeseen equipment damage or failure may be made without regard to the procedural requirements of this section (e.g., via email or telephone). Any request made pursuant to this paragraph shall be followed by a written confirmation request conforming to the requirements of paragraph (a)(2) of this section. Confirmation requests shall be submitted within 24 hours. (See also § 73.1680 Emergency Antennas). ( 4 ) An STA may be granted for an initial period not to exceed 180 days. A limited number of extensions of such authorizations may be granted for additional periods not exceeding 180 days per extension. An STA necessitated by technical or equipment problems, however, may, in practice, be granted for an initial period not to exceed 90 days with a limited number of extensions not to exceed 90 days per extension. The permittee or licensee must demonstrate that any further extensions requested are necessary and that all steps to resume normal operation are being undertaken in an expeditions and timely fashion. The license of a broadcasting station that fails to transmit broadcast signals for any consecutive 12-month period expires as a matter of law at the end of that period, notwithstanding any STA or provision, term, or condition of the license to the contrary. ( 5 ) Certain rules specify special considerations and procedures in situations requiring an STA or permit temporary operation at variance without prior authorization from the FCC when notification is filed as prescribed in the particular rules. See § 73.62 , Directional antenna system tolerances; § 73.157 , Antenna testing during daytime; § 73.158 , Directional antenna monitoring points; § 73.1250 , Broadcasting emergency information; § 73.1350 , Transmission system operation; § 73.1560 , Operating power and mode tolerances; § 73.1570 , Modulation levels: AM, and FM; § 73.1615 , Operation during modification of facilities; § 73.1680 , Emergency antennas; and § 73.1740 , Minimum operating schedule. ( b ) An STA may be modified or cancelled by the FCC without prior notice or right to hearing. ( c ) No request by an AM station for temporary authority to extend its hours of operation beyond those authorized by its regular authorization will be accepted or granted by the FCC except in emergency situations conforming with the requirements of § 73.3542 , Application for Emergency Authorization. See also § 73.1250 , Broadcasting Emergency Information. [ 50 FR 30948 , July 31, 1985, as amended at 58 FR 51250 , Oct. 1, 1993; 60 FR 55482 , Nov. 1, 1995; 61 FR 28767 , June 6, 1996; 65 FR 30004 , May 10, 2000; 89 FR 7256 , Feb. 1, 2024] § 73.1650 International agreements. ( a ) The rules in this part 73, and authorizations for which they provide, are subject to compliance with the international obligations and undertakings of the United States. Accordingly, all provisions in this part 73 are subject to compliance with applicable requirements, restrictions, and procedures accepted by the United States that have been established by or pursuant to treaties or other international agreements, arrangements, or understandings to which the United States is a signatory, including applicable annexes, protocols, resolutions, recommendations and other supplementing documents associated with such international instruments. ( b ) The United States is a signatory to the following treaties and other international agreements that relate, in whole or in part, to AM, FM or TV broadcasting: ( 1 ) The following instruments of the International Telecommunication Union: ( i ) Constitution. ( ii ) Convention. ( iii ) Radio Regulations. ( 2 ) Regional Agreements for the Broadcasting Service in Region 2: ( i ) MF Broadcasting 535-1605 kHz, Rio de Janeiro, 1981. ( ii ) MF Broadcasting 1605-1705 kHz, Rio de Janeiro, 1988. ( 3 ) Bi-lateral Agreements between the United States and Canada relating to: ( i ) AM Broadcasting. ( ii ) FM Broadcasting. ( iii ) TV Broadcasting. ( 4 ) Bi-lateral Agreements between the United States and Mexico relating to: ( i ) AM Broadcasting. ( ii ) FM Broadcasting. ( iii ) TV Broadcasting. ( 5 ) Bi-lateral Agreement between the United States and the Bahama Islands relating to presunrise operations by AM stations. ( 6 ) North American Regional Broadcasting Agreement (NARBA), which, for the United States, remains in effect with respect to the Dominican Republic and the Bahama Islands. ( 7 ) The documents listed in this paragraph (b) are available for inspection in the office of the Chief, Office of International Affairs, FCC, Washington, DC. [ 54 FR 39737 , Sept. 28, 1989, as amended at 56 FR 64872 , Dec. 12, 1991; 60 FR 5333 , Jan. 27, 1995; 88 FR 21447 , Apr. 10, 2023] § 73.1660 Acceptability of broadcast transmitters. ( a ) ( 1 ) An AM, FM, or TV transmitter shall be approved for compliance with the requirements of this part following the Supplier's Declaration of Conformity procedures described in subpart J of part 2 of this chapter . Note 1 to paragraph (a)(1): The verification procedure has been replaced by Supplier's Declaration of Conformity. AM, FM, and TV transmitters previously authorized under subpart J of part 2 of this chapter may remain in use. See § 2.950 of this chapter . ( 2 ) An LPFM transmitter shall be certified for compliance with the requirements of this part following the procedures described in part 2 of this chapter . ( b ) A permittee or licensee planning to modify a transmitter which has been certified or approved with Supplier's Declaration of Conformity must follow the requirements contained in § 73.1690 . ( c ) A transmitter which was in use prior to January 30, 1955, may continue to be used by the licensee, and successors or assignees, if it continues to comply with the technical requirements for the type of station at which it is used. ( d ) AM stereophonic exciter-generators for interfacing with approved or verified AM transmitters may be certified upon request from any manufacturer in accordance with the procedures described in part 2 of this chapter . Broadcast licensees may modify their certified AM stereophonic exciter-generators in accordance with § 73.1690 . ( e ) Additional rules covering certification and Supplier's Declaration of Conformity, modification of authorized transmitters, and withdrawal of a grant of authorization are contained in part 2 of this chapter . [ 63 FR 36604 , July 7, 1998, as amended at 65 FR 30004 , May 10, 2000; 65 FR 67304 , Nov. 9, 2000; 82 FR 50835 , Nov. 2, 2017; 88 FR 67186 , Sept. 29, 2023] § 73.1665 Main transmitters. ( a ) Each AM, FM, TV and Class A TV broadcast station must have at least one main transmitter which complies with the provisions of the transmitter technical requirements for the type and class of station. A main transmitter is one which is used for regular program service having power ratings appropriate for the authorized operating power(s). ( b ) There is no maximum manufacturer-rated power limit for AM, FM, TV or Class A TV station transmitters. ( c ) A licensee may, without further authority or notification to the FCC, replace an existing main transmitter or install additional main transmitter(s) for use with the authorized antenna if the replacement or additional transmitter(s) has been approved with Supplier's Declaration of Conformity. Within 10 days after commencement of regular use of the replacement or additional transmitter(s), equipment performance measurements, as prescribed for the type of station are to be completed. Note 1 to paragraph ( c ): The verification procedure has been replaced by Supplier's Declaration of Conformity. Transmitters previously authorized under subpart J of this chapter may remain in use. See § 2.950 of this chapter . Note 2 to paragraph ( c ): Pending the availability of AM broadcast transmitters that are authorized for use in the 1605-1705 kHz band, transmitters that are approved or verified for use in the 535-1605 kHz band may be utilized in the 1605-1705 kHz band if it is shown that the requirements of § 73.44 have been met. Equipment authorization for the transmitter will supersede the applicability of this note. [ 43 FR 53741 , Nov. 17, 1978, as amended at 47 FR 8590 , Mar. 1, 1982; 47 FR 28388 , June 30, 1982; 49 FR 4000 , Feb. 1, 1984; 51 FR 18451 , May 20, 1986; 56 FR 64872 , Dec. 12, 1991; 63 FR 36604 , July 7, 1998; 65 FR 30004 , May 10, 2000; 82 FR 50835 , Nov. 2, 2017; 87 FR 15344 , Mar. 18, 2022] § 73.1670 Auxiliary transmitters. ( a ) A licensee of a broadcast station may, without further authority from the FCC, install and use with the main antenna system one or more auxiliary transmitters for the following purposes: ( 1 ) The transmission of regular programs upon failure of the main transmitter. ( 2 ) The transmission of regular programs during maintenance or modification of the main transmitter. ( 3 ) Emergency broadcast system operation. ( 4 ) The transmission of regular programs by an AM station authorized for Presunrise (PSRA) and/or Postsunset (PSSA) operation. ( 5 ) The transmission of tests to determine the operating condition of the auxiliary transmitter or auxiliary antenna. ( 6 ) For testing, upon the request of representatives of the FCC. ( b ) Authorization to install an auxiliary transmitter for use with other than the main antenna or authorized auxiliary antenna must be obtained by filing an application for a construction permit on FCC form 301 (FCC form 340 for noncommercial educational stations). ( c ) The following technical and operating standards apply to auxiliary transmitters: ( 1 ) The auxiliary transmitter may be operated on only the station's authorized frequency and within the required carrier frequency departure tolerance for the type of station. ( 2 ) The carrier frequency of the auxiliary transmitter must be measured as often as necessary to ensure that it is maintained within the prescribed tolerance. ( 3 ) When using an auxiliary transmitter, the operating power may be less than the authorized power but may not exceed the authorized power within the permitted tolerance for the type of station. If operation with an auxiliary transmitter at reduced power continues for a period exceeding 10 days, the FCC in Washington, DC must be notified. (See § 73.51 , AM; § 73.267 , FM; § 73.567 , NCE-FM; and § 73.663 , TV). ( 4 ) Normal operator requirements apply to the operation of the auxiliary transmitter. Note: After January 1, 1979, new licenses will not be issued nor will existing licenses be renewed for auxiliary transmitters that are operated into the main antenna system. [ 43 FR 53741 , Nov. 17, 1978, as amended at 44 FR 22740 , Apr. 17, 1979; 48 FR 36463 , Aug. 11, 1983; 48 FR 42960 , Sept. 20, 1983; 48 FR 44806 , Sept. 30, 1983; 50 FR 32417 , Aug. 12, 1985; 51 FR 32088 , Sept. 9, 1986] § 73.1675 Auxiliary antennas. ( a ) ( 1 ) An auxiliary antenna is one that is permanently installed and available for use when the main antenna is out of service for repairs or replacement. An auxiliary antenna may be located at the same transmitter site as the station's main antenna or at a separate site. The service contour of the auxiliary antenna may not extend beyond the following corresponding contour for the main facility: ( i ) AM stations: The 0.5 mV/m field strength contours. ( ii ) FM stations: The 1.0 mV/m field strength contours. ( iii ) TV stations: The noise limited contour as defined in § 73.619(c) . ( iv ) Class A TV stations: The protected contours defined in § 73.6010 . ( 2 ) An application for an auxiliary antenna for an AM station filed pursuant to paragraphs (b) or (c) of this section must contain a map showing the 0.5 mV/m field strength contours of both the main and auxiliary facilities. ( b ) An application for a construction permit to install a new auxiliary antenna, or to make changes in an existing auxiliary antenna for which prior FCC authorization is required (see § 73.1690 ), must be filed electronically in LMS using FCC Form 2100 (see § 73.3500 for Schedules) for AM, FM, and TV stations, or on FCC Form 2100, Schedule 340 for noncommercial educational FM stations. ( c ) ( 1 ) Where an FM, TV or Class A TV licensee proposes to use a formerly licensed main facility as an auxiliary facility, or proposes to modify a presently authorized auxiliary facility, and no changes in the height of the antenna radiation center are required in excess of the limits in § 73.1690(c)(1) , the FM, TV or Class A TV licensee may apply for the proposed auxiliary facility by filing a modification of license application. The modified auxiliary facility must operate on the same channel as the licensed main facility. An exhibit must be provided with this license application to demonstrate compliance with § 73.1675(a) . All FM, TV and Class A TV licensees may request a decrease from the authorized facility's ERP in the license application. An FM, TV or Class A TV licensee may also increase the ERP of the auxiliary facility in a license modification application, provided the application contains an analysis demonstrating compliance with the Commission's radiofrequency radiation guidelines, and an analysis showing that the auxiliary facility will comply with § 73.1675(a) . Where an FM, TV, or Class A TV licensee or permittee proposes to mount an auxiliary facility on an AM tower, it must also demonstrate compliance with § 1.30003 in the license application. ( 2 ) Where an AM licensee proposes to use a former licensed main facility as an auxiliary facility with an ERP less than or equal to the ERP specified on the former main license, the AM station may apply to license the proposed auxiliary facility by filing a modification of license application on Form 302-AM. The proposed auxiliary facilities must have been previously licensed on the same frequency as the present main facility. The license application must contain an exhibit to demonstrate compliance with § 73.1675(a) . [ 43 FR 53741 , Nov. 17, 1978, as amended at 44 FR 22740 , Apr. 17, 1979; 45 FR 26066 , Apr. 17, 1980; 50 FR 13974 , Apr. 9, 1985; 62 FR 51060 , Sept. 30, 1997; 63 FR 70049 , Dec. 18, 1998; 65 FR 30005 , May 10, 2000; 78 FR 66298 , Nov. 5, 2013; 89 FR 7256 , Feb. 1, 2024] § 73.1680 Emergency antennas. ( a ) An emergency antenna is one that is erected for temporary use after the authorized main and auxiliary antennas are damaged and cannot be used. ( b ) Prior authority from the FCC is not required by licensees and permittees to erect and commence operations using an emergency antenna to restore program service to the public. However, an informal letter request to continue operation with the emergency antenna must be made within 24 hours to the FCC in Washington, DC, Attention: Audio Division (radio) or Video Division (television), Media Bureau, within 24 hours after commencement of its use. The request is to include a description of the damage to the authorized antenna, a description of the emergency antenna, and the station operating power with the emergency antenna. ( 1 ) AM stations. AM stations may use a horizontal or vertical wire or a nondirectional vertical element of a directional antenna as an emergency antenna. AM stations using an emergency nondirectional antenna or a horizontal or vertical wire pursuant to this section, in lieu or authorized directional facilities, shall operate with power reduced to 25% or less of the nominal licensed power, or, a higher power, not exceeding licensed power, while insuring that the radiated filed strength does not exceed that authorized in any given azimuth for the corresponding hours of directional operation. ( 2 ) FM, TV and Class A TV stations. FM, TV and Class A TV stations may erect any suitable radiator, or use operable sections of the authorized antenna(s) as an emergency antenna. ( c ) The FCC may prescribe the output power, radiation limits, or other operating conditions when using an emergency antenna, and emergency antenna authorizations may be modified or terminated in the event harmful interference is caused to other stations or services by the use of an emergency antenna. [ 43 FR 53741 , Nov. 17, 1978, as amended at 44 FR 22740 , Apr. 17, 1979; 50 FR 30948 , July 31, 1985; 63 FR 33878 , June 22, 1998; 65 FR 30005 , May 10, 2000; 67 FR 13232 , Mar. 21, 2002] § 73.1690 Modification of transmission systems. The following procedures and restrictions apply to licensee modifications of authorized broadcast transmission system facilities. ( a ) The following changes are prohibited: ( 1 ) Those that would result in the emission of signals outside of the authorized channel exceeding limits prescribed for the class of service. ( 2 ) Those that would cause the transmission system to exceed the equipment performance measurements prescribed for the class of service (AM, § 73.44 ; FM, §§ 73.317 , 73.319 , and 73.322 ; TV and Class A TV, §§ 73.682 and 73.687 ). ( b ) The following changes may be made only after the grant of a construction permit application on FCC Form 2100 (see § 73.3500 for Schedules) for AM, FM, and TV stations or Form 2100, Schedule 340 for noncommercial educational stations: ( 1 ) Any construction of a new tower structure for broadcast purposes, except for replacement of an existing tower with a new tower of identical height and geographic coordinates. ( 2 ) Any change in station geographic coordinates, including coordinate corrections of more than 3 seconds latitude and/or 3 seconds longitude. FM and TV directional stations must also file a construction permit application for any move of the antenna to another tower structure located at the same coordinates. ( 3 ) Any change which would require an increase along any azimuth in the composite directional antenna pattern of an FM station from the composite directional antenna pattern authorized (see § 73.316 ), or any increase from the authorized directional antenna pattern for a TV broadcast (see § 73.625 ) or Class A TV station (see § 73.6025 ). ( 4 ) Any change in the directional radiation characteristics of an AM directional antenna system. See § 73.45 and § 73.150 . ( 5 ) Any decrease in the authorized power of an AM station or the ERP of a TV or Class A TV station, or any decrease or increase in the ERP of an FM commercial station, which is intended for compliance with the multiple ownership rules in § 73.3555 . ( 6 ) For FM noncommercial educational stations, any of the following: ( i ) Any increase in the authorized maximum ERP, whether horizontally or vertically polarized, for a noncommercial educational FM station operating on Channels 201 through 220, or a Class D FM station operating on Channel 200. ( ii ) For those FM noncommercial educational stations on Channels 201 to 220, or a Class D FM station operating on Channel 200, which are within the separation distances specified in Table A of § 73.525 with respect to a Channel 6 television station, any increase in the horizontally or vertically polarized ERP from the presently authorized ERP. ( iii ) For those FM noncommercial educational stations on Channels 201 through 220 which are located within the separation distances in § 73.525 with respect to a Channel 6 television station, or a Class D FM station operating on Channel 200, any decrease in the presently authorized horizontal effective radiated power which would eliminate the horizontal ERP to result in use of vertical ERP only. ( iv ) For those FM noncommercial educational stations which employ separate antennas for the horizontal ERP and the vertical ERP, mounted at different heights, the station may not increase or decrease either the horizontal ERP or the vertical ERP without a construction permit. ( 7 ) Any increase in the authorized ERP of a television station, Class A television station, FM commercial station, or noncommercial educational FM station, except as provided for in § 73.1690(c)(4) , (c)(5) , or (c)(7) , or in § 73.1675(c)(1) in the case of auxiliary facilities. ( 8 ) A commercial TV or noncommercial educational TV station operating on Channels 14 or a Class A TV station on Channel 14 may increase its horizontally or vertically polarized ERP only after the grant of a construction permit. A television or Class A television station on Channels 15 through 21 within 341 km of a cochannel land mobile operation, or 225 km of a first-adjacent channel land mobile operation, must also obtain a construction permit before increasing the horizontally or vertically polarized ERP ( see § 74.709(a) and (b) of this chapter for tables of urban areas and corresponding reference coordinates of potentially affected land mobile operations). ( 9 ) Any change in the community of license, where the proposed new facilities are the same as, or would be mutually exclusive with, the licensee's or permittee's present assignment. ( c ) The following FM, TV and Class A TV station modifications may be made without prior authorization from the Commission. A modification of license application must be submitted to the Commission within 10 days of commencing program test operations pursuant to § 73.1620 . With the exception of applications filed solely pursuant to paragraphs (c)(6) , (c)(9) , or (c)(10) of this section, the modification of license application must contain an exhibit demonstrating compliance with the Commission's radio frequency radiation guidelines. In addition, except for applications solely filed pursuant to paragraphs (c)(6) or (c)(9) of this section, where the installation is located on or near an AM tower, as defined in § 1.30002 , an exhibit demonstrating compliance with § 1.30003 or § 1.30002 , as applicable, is also required. ( 1 ) Replacement of an omnidirectional antenna with one of the same or different number of antenna bays, provided that the height of the antenna radiation center is not more than 2 meters above or 4 meters below the authorized values. Any concurrent change in ERP must comply with § 73.1675(c)(1) , 73.1690(4) , (c)(5) , or (c)(7) . Program test operations at the full authorized ERP may commence immediately upon installation pursuant to § 73.1620(a)(1) . ( 2 ) Replacement of a directional FM antenna, where the measured or computer modeled composite directional antenna pattern does not exceed the licensed composite directional pattern at any azimuth, where no change in effective radiated power will result, and where compliance with the principal coverage requirements of § 73.315(a) will be maintained by the measured or computer modeled directional pattern. The antenna must be mounted not more than 2 meters above or 4 meters below the authorized values. The modification of license application on FCC Form 2100, Schedule 302-FM to cover the antenna replacement must contain all of the data in paragraphs (c)(2)(i) through (v) of this section. Program test operations at one half (50%) power may commence immediately upon installation pursuant to § 73.1620(a)(3) . However, if the replacement directional antenna is an exact replacement ( i.e., no change in manufacturer, antenna model number, AND measured or computer modeled composite antenna pattern), program test operations may commence immediately upon installation at the full authorized power. ( i ) A measured or computer modeled directional antenna pattern and tabulation on the antenna manufacturer's letterhead showing both the horizontally and vertically polarized radiation components and demonstrating that neither of the components exceeds the authorized composite antenna pattern along any azimuth. ( ii ) Contour protection stations authorized pursuant to § 73.215 or § 73.509 must attach a showing that the RMS (root mean square) of the composite measured or computer modeled directional antenna pattern is 85% or more of the RMS of the authorized composite antenna pattern. See § 73.316(c)(9) . If this requirement cannot be met, the licensee may include new relative field values with the license application to reduce the authorized composite antenna pattern so as to bring the measured or computer modeled composite antenna pattern into compliance with the 85 percent requirement. ( iii ) A description from the manufacturer as to the procedures used to measure or computer model the directional antenna pattern. The antenna measurements or computer modeling must be performed with the antenna mounted on a tower, tower section, or scale model equivalent to that on which the antenna will be permanently mounted, and the tower or tower section must include transmission lines, ladders, conduits, other antennas, and any other installations which may affect the measured or computer modeled directional pattern. ( iv ) A certification from a licensed surveyor that the antenna has been oriented to the proper azimuth. ( v ) A certification from a qualified engineer who oversaw installation of the directional antenna that the antenna was installed pursuant to the manufacturer's instructions. ( 3 ) A directional TV on Channels 2 through 13 or 22 through 36 or a directional Class A TV on Channels 2 through 13 or 22 through 36, or a directional TV or Class A TV station on Channels 15 through 21 which is in excess of 341 km (212 miles) from a cochannel land mobile operation or in excess of 225 km (140 miles) from a first-adjacent channel land mobile operation ( see § 74.709(a) and (b) of this chapter for tables of urban areas and reference coordinates of potentially affected land mobile operations), may replace a directional TV or Class A TV antenna by a license modification application, if the proposed horizontal theoretical directional antenna pattern does not exceed the licensed horizontal directional antenna pattern at any azimuth and where no change in effective radiated power will result. The modification of license application on Form 2100 (see § 73.3500 for Schedules) must contain all of the data set forth in § 73.625(c)(3) or § 73.6025(a) , as applicable. ( 4 ) Commercial and noncommercial educational FM stations operating on Channels 221 through 300 (except Class D), Class A TV stations operating on Channels 2 through 13 and 22 through 36, and TV and Class A TV stations operating on Channels 15 through 21 that are in excess of 341 km (212 miles) from a cochannel land mobile operation or in excess of 225 km (140 miles) from a first-adjacent channel land mobile operation ( see § 74.709(a) and (b) of this chapter for tables of urban areas and reference coordinates of potentially affected land mobile operations), which operate omnidirectionally, may increase the vertically polarized effective radiated power up to the authorized horizontally polarized effective radiated power in a license modification application. Noncommercial educational FM licensees and permittees on Channels 201 through 220, that do not use separate antennas mounted at different heights for the horizontally polarized ERP and the vertically polarized ERP, and are located in excess of the separations from a Channel 6 television station listed in Table A of § 73.525(a)(1) , may also increase the vertical ERP, up to (but not exceeding) the authorized horizontally polarized ERP via a license modification application. Program test operations may commence at full power pursuant to § 73.1620(a)(1) . ( 5 ) Those Class A FM commercial stations which were permitted to increase ERP pursuant to MM Docket No. 88-375 by a modification of license application remain eligible to do so, provided that the station meets the requirements of § 73.1690 (c)(1) and is listed on one of the Public Notices as authorized to increase ERP, or by a letter from the Commission's staff authorizing the change. These Public Notices were released on November 3, 1989; November 17, 1989; December 8, 1989; March 2, 1990; and February 11, 1991. The increased ERP must comply with the multiple ownership requirements of § 73.3555 . Program test operations may commence at full power pursuant to § 73.1620(a)(1) . ( 6 ) FM contour protection stations authorized pursuant to § 73.215 which have become fully spaced under § 73.207 may file a modification of license application to delete the § 73.215 contour protection designation with an exhibit to demonstrate that the station is fully spaced in accordance with § 73.207 . The contour protection designation will be removed upon grant of the license application. Applications filed under this rule section will be processed on a first come / first served basis with respect to conflicting FM commercial minor change applications and modification of license applications (including those filed pursuant to § 73.1690 (b) and (c)(6) and (c)(7) ). ( 7 ) FM omnidirectional commercial stations, and omnidirectional noncommercial educational FM stations operating on Channels 221 through 300 (except Class D), which are not designated as contour protection stations pursuant to § 73.215 and which meet the spacing requirements of § 73.207 , may file a license modification application to increase ERP to the maximum permitted for the station class, provided that any change in the height of the antenna radiation center remains in accordance with § 73.1690(c)(1) . Program test operations may commence at full power pursuant to § 73.1620(a)(1) . All of the following conditions also must be met before a station may apply pursuant to this section: ( i ) The station may not be a “grandfathered” short-spaced station authorized pursuant to § 73.213 or short-spaced by a granted waiver of § 73.207 ; ( ii ) If the station is located in or near a radio quiet zone, radio coordination zone, or a Commission monitoring station (see § 73.1030 and § 0.121(c) of this chapter ), the licensee or permittee must have secured written concurrence from the affected radio quiet zone, radio coordination zone, or the Commission's Public Safety and Homeland Security Bureau in the case of a monitoring station, to increase effective radiated power PRIOR to implementation. A copy of that concurrence must be submitted with the license application to document that concurrence has been received; ( iii ) The station does not require international coordination as the station does not lie within the border zones, or clearance has been obtained from Canada or Mexico for the higher power operation within the station's specified domestic class and the station complies with § 73.207(b)(2) and (3) with respect to foreign allotments and allocations; ( iv ) The increased ERP will not cause the station to violate the multiple ownership requirements of § 73.3555 . ( 8 ) FM commercial stations and FM noncommercial educational stations may decrease ERP on a modification of license application provided that exhibits are included to demonstrate that all five of the following requirements are met: ( i ) Commercial FM stations must continue to provide a 70 dBu principal community contour over the community of license, as required by § 73.315(a) . Noncommercial educational FM stations must continue to provide a 60 dBu contour over at least 50 percent of its community of license or reach 50 percent of the population within the community. The 60 and 70 dBu contours must be predicted by use of the standard contour prediction method in § 73.313(b) , (c) , and (d) . ( ii ) For commercial FM stations only, there is no change in the authorized station class as defined in § 73.211 . ( iii ) For commercial FM stations only, the power decrease is not necessary to achieve compliance with the multiple ownership rule, § 73.3555 . ( iv ) Commercial FM stations, noncommercial educational FM stations on Channels 221 through 300, and noncommercial educational FM stations on Channels 200 through 220 which are located in excess of the distances in Table A of § 73.525 with respect to a Channel 6 TV station, may not use this rule to decrease the horizontally polarized ERP below the value of the vertically polarized ERP. ( v ) Noncommercial educational FM stations on Channels 201 through 220 which are within the Table A distance separations of § 73.525 , or Class D stations on Channel 200, may not use the license modification process to eliminate an authorized horizontally polarized component in favor of vertically polarized-only operation. In addition, noncommercial educational stations operating on Channels 201 through 220, or Class D stations on Channel 200, which employ separate horizontally and vertically polarized antennas mounted at different heights, may not use the license modification process to increase or decrease either the horizontal ERP or vertical ERP without a construction permit. ( 9 ) The licensee of an AM, FM, or TV commercial station may propose to change from commercial to noncommercial educational on a modification of license application, provided that the application contains completed Sections II and IV of FCC Form 340. In addition, a noncommercial educational AM licensee, a TV licensee on a channel not reserved for noncommercial educational use, or an FM licensee on Channels 221 to 300 (except Class D FM) on a channel not reserved for noncommercial educational use, may apply to change from educational to commercial via a modification of license application, and no exhibits are required with the application. The change will become effective upon grant of the license application. ( 10 ) Replacement of a transmission line with one of a different type or length which changes the transmitter operating power (TPO) from the authorized value, but not the ERP, must be reported in a license modification application to the Commission. ( 11 ) Correction of geographic coordinates where the change is 3 seconds or fewer in latitude and/or 3 seconds or fewer in longitude, provided there is no physical change in location and no other licensed parameters are changed. The correction of coordinates may not result in any new short spacings or increases in existing short spacings. ( d ) The following changes may be made without authorization from the FCC, however informal notification of the changes must be made according to the rule sections specified: ( 1 ) Commencement of remote control operation pursuant to § 73.1400 . ( 2 ) Modification of an AM directional antenna sampling system. See § 73.68 . ( e ) Any electrical and mechanical modification to authorized transmitting equipment that is not otherwise restricted by the preceding provisions of this section, may be made without FCC notification or authorization. Equipment performance measurements must be made within ten days after completing the modifications (See § 73.1590 ). An informal statement, diagram, etc., describing the modification must be retained at the transmitter site for as long as the equipment is in use. [ 47 FR 8590 , Mar. 1, 1982] Editorial Note Editorial Note: For Federal Register citations affecting § 73.1690 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.1692 [Reserved] § 73.1695 Changes in transmission standards. The FCC will consider the question whether a proposed change or modification of transmission standards adopted for broadcast stations would be in the public interest, convenience, and necessity, upon petition being filed by the person proposing such change or modification, setting forth the following: ( a ) The exact character of the change or modification proposed; ( b ) The effect of the proposed change or modification upon all other transmission standards that have been adopted by the FCC for broadcast stations; ( c ) The experimentation and field tests that have been made to show that the proposed change or modification accomplishes an improvement and is technically feasible; ( d ) The effect of the proposed change or modification in the adopted standards upon operation and obsolescence of receivers; ( 1 ) Should a change of modification in the transmission standards be adopted by the FCC, the effective date thereof will be determined in the light of the considerations mentioned in this paragraph (d) ; ( 2 ) [Reserved] ( e ) The change in equipment required in existing broadcast stations for incorporating the proposed change or modification in the adopted standards; and ( f ) The facts and reasons upon which the petitioner bases the conclusion that the proposed change or modification would be in the public interest, convenience, and necessity. [ 49 FR 4211 , Feb. 3, 1984] § 73.1700 Broadcast day. The term broadcast day means that period of time between the station's sign-on and its sign-off. [ 43 FR 45849 , Oct. 4, 1978] § 73.1705 Time of operation. ( a ) Commercial and noncommercial educational TV and commercial FM stations will be licensed for unlimited time operation. Application may be made for voluntary share-time operation. ( b ) Noncommercial educational FM stations will be licensed for unlimited and share time operation according to the provisions of § 73.561 . ( c ) AM stations in the 535-1705 kHz band will be licensed for unlimited time. In the 535-1605 kHz band, stations that apply for share time and specified hours operations may also be licensed. AM stations licensed to operate daytime-only and limited-time may continue to do so; however, no new such stations will be authorized, except for fulltime stations that reduce operating hours to daytime-only for interference reduction purposes. [ 43 FR 45849 , Oct. 4, 1978, as amended at 56 FR 64872 , Dec. 12, 1991] § 73.1710 Unlimited time. Operation is permitted 24 hours a day. [ 43 FR 45849 , Oct. 4, 1978] § 73.1715 Share time. Operation is permitted by two or more broadcast stations using the same channel in accordance with a division of hours mutually agreed upon and considered part of their licenses. ( a ) If the licenses of stations authorized to share time do not specify hours of operation, the licensees shall endeavor to reach an agreement for a definite schedule of periods of time to be used by each. Such agreement shall be in writing and each licensee shall file it in duplicate original with each application to the FCC in Washington, DC for renewal of license. If and when such written agreements are properly filed in conformity with this section, the file mark of the FCC will be affixed thereto, one copy will be retained by the FCC, and one copy returned to the licensee and will be considered as part of the station's license. If the license specifies a proportionate time division, the agreement shall maintain this proportion. If no proportionate time division is specified in the license, the licensees shall agree upon a division of time. Such division of time shall not include simultaneous operation of the stations unless specifically authorized by the terms of the license ( b ) If the licensees of stations authorized to share time are unable to agree on a division of time, the FCC in Washington, DC shall be so notified by a statement filed with the applications for renewal of licenses. Upon receipt of such statement, the FCC will designate the applications for a hearing and, pending such hearing, the operating schedule previously adhered to shall remain in full force and effect. ( c ) A departure from the regular schedule in a time-sharing agreement will be permitted only in cases where an agreement to that effect is put in writing, is signed by the licensees of the stations affected thereby and filed in triplicate by each licensee with the FCC in Washington, DC prior to the time of the time of the proposed change. If time is of the essence, the actual departure in operating schedule may precede the actual filing of written agreement, provided appropriate notice is sent to the FCC. ( d ) If the license of an AM station authorized to share time does not specify the hours of operation, the station may be operated for the transmission of regular programs during the experimental period provided an agreement thereto is reached with the other stations with which the broadcast day is shared: And further provided, Such operation is not in conflict with § 73.72 (Operating during the experimental period). Time-sharing agreements for operation during the experimental period need not be submitted to the FCC. ( e ) Noncommercial educational FM stations are authorized for share time operation according to the provisions of § 73.561 . [ 43 FR 45849 , Oct. 4, 1978, as amended at 47 FR 40174 , Sept. 13, 1982; 84 FR 2758 , Feb. 8, 2019] § 73.1720 Daytime. Operation is permitted during the hours between average monthly local sunrise and average monthly local sunset. ( a ) The controlling times for each month of the year are stated in the station's instrument of authorization. Uniform sunrise and sunset times are specified for all of the days of each month, based upon the actual times of sunrise and sunset for the fifteenth day of the month adjusted to the nearest quarter hour. Sunrise and sunset times are derived by using the standardized procedure and the tables in the 1946 American Nautical Almanac issued by the United States Naval Observatory. ( b ) [Reserved] [ 43 FR 45849 , Oct. 4, 1978] § 73.1725 Limited time. ( a ) Operation is applicable only to Class B (secondary) AM stations on a clear channel with facilities authorized before November 30, 1959. Operation of the secondary station is permitted during daytime and until local sunset if located west of the Class A station on the channel, or until local sunset at the Class A station if located east of that station. Operation is also permitted during nighttime hours not used by the Class A station or other stations on the channel. ( b ) No authorization will be granted for: ( 1 ) A new limited time station; ( 2 ) A limited time station operating on a changed frequency; ( 3 ) A limited time station with a new transmitter site materially closer to the 0.1 mV/m contour of a co-channel U.S. Class A station; or ( 4 ) Modification of the operating facilities of a limited time station resulting in increased radiation toward any point on the 0.1 mV/m contour of a co-channel U.S. Class A station during the hours after local sunset in which the limited time station is permitted to operate by reason of location east of the Class A station. ( c ) The licensee of a secondary station which is authorized to operate limited time and which may resume operation at the time the Class A station (or stations) on the same channel ceases operation shall, with each application for renewal of license, file in triplicate a copy of its regular operating schedule. It shall bear a signed notation by the licensee of the Class A station of its objection or lack of objection thereto. Upon approval of such operating schedule, the FCC will affix its file mark and return one copy to the licensee authorized to operate limited time. Such approved operating schedule shall be considered part of the station's license. Departure from said operating schedule will be permitted only pursuant to § 73.1715 (Share time). [ 56 FR 64872 , Dec. 12, 1991, as amended at 84 FR 2758 , Feb. 8, 2019] § 73.1730 Specified hours. ( a ) Specified hours stations must operate in accordance with the exact hours specified in their license. However, such stations, operating on local channels, unless sharing time with other stations, may operate at hours beyond those specified in their licenses to carry special events programing. When such programs are carried during nighttime hours, the station's authorized nighttime facilities must be used. ( b ) Other exceptions to the adherence to the schedule of specified hours of operation are provided in § 73.72 (Operating during the experimental period), § 73.1250 (Broadcasting emergency information) and § 73.1740 (Minimum operating schedule). [ 43 FR 45850 , Oct. 4, 1978] § 73.1735 AM station operation pre-sunrise and post-sunset. Certain classes of AM stations are eligible to operate pre-sunrise and/or post-sunset for specified periods with facilities other than those specified on their basic instruments of authorization. Such pre-sunrise and post-sunset operation is authorized pursuant to the provisions of § 73.99 of the Rules. [ 49 FR 41249 , Oct. 22, 1984] § 73.1740 Minimum operating schedule. ( a ) All commercial broadcast stations are required to operate not less than the following minimum hours: ( 1 ) AM and FM stations. Two-thirds of the total hours they are authorized to operate between 6 a.m. and 6 p.m. local time and two-thirds of the total hours they are authorized to operate between 6 p.m. and midnight, local time, each day of the week except Sunday. ( i ) Class D stations which have been authorized nighttime operations need comply only with the minimum requirements for operation between 6 a.m. and 6 p.m., local time. ( 2 ) TV stations. ( i ) During the first 36 months of operation, not less than 2 hours daily in any 5 broadcast days per calendar week and not less than a total of: ( A ) 12 hours per week during the first 18 months. ( B ) 16 hours per week during the 19th through 24th months. ( C ) 20 hours per week during the 25th through 30th months. ( D ) 24 hours per week during the 31st through 36th months. ( ii ) After 36 months of operation, not less than 2 hours in each day of the week and not less than a total of 28 hours per calendar week. ( iii ) Visual transmissions of test patterns, slides, or still pictures accompanied by unrelated aural transmissions may not be counted in computing program service (see § 73.653 ). ( 3 ) “Operation” includes the period during which the station is operated pursuant to temporary authorization or program tests, as well as during the license period. ( 4 ) In the event that causes beyond the control of a licensee make it impossible to adhere to the operating schedule of this section or to continue operating, the station may limit or discontinue operation for a period of not more than 30 days without further authority from the FCC. A “Reduced Power” or “Suspension of Operation” Notification must be made via LMS not later than the 10th day of limited or discontinued operation. During such period, the licensee shall continue to adhere to the requirements in the station license pertaining to the lighting of antenna structures. In the event normal operation is restored prior to the expiration of the 30 day period, the licensee will so notify the FCC of this date. If the causes beyond the control of the licensee make it impossible to comply within the allowed period, informal written request shall be made to the FCC no later than the 30th day for such additional time as may be deemed necessary. ( 5 ) Class A TV stations. Not less than 18 hours in each day of the week. ( b ) Noncommercial educational AM and TV stations are not required to operate on a regular schedule and no minimum hours of operation are specified; but the hours of actual operation during a license period shall be taken into consideration in the renewal of noncommercial educational AM and TV broadcast licenses. Noncommercial educational FM stations are subject to the operating schedule requirements according to the provisions of § 73.561 . ( c ) The license of any broadcasting station that fails to transmit broadcast signals for any consecutive 12-month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary. [ 43 FR 45850 , Oct. 4, 1978, as amended at 53 FR 1032 , Jan. 15, 1988; 56 FR 64873 , Dec. 12, 1991; 61 FR 28767 , June 6, 1996; 65 FR 30006 , May 10, 2000; 89 FR 7257 , Feb. 1, 2024] § 73.1745 Unauthorized operation. ( a ) No broadcast station shall operate at times, or with modes or power, other than those specified and made a part of the license, unless otherwise provided in this part. ( b ) Any unauthorized departure from an operating schedule which is required to be filed with the FCC in Washington, DC, will be considered as a violation of a material term of the license. [ 43 FR 45850 , Oct. 4, 1978] § 73.1750 Discontinuance of operation. The licensee of each station shall provide notification to the FCC in a “Cancellation Application” via LMS of the permanent discontinuance of operation at least two days before operation is discontinued. Immediately after discontinuance of operation, the licensee shall forward the station license and other instruments of authorization to the FCC, Attention: Audio Division (radio) or Video Division (television), Media Bureau, for cancellation. The license of any station that fails to transmit broadcast signals for any consecutive 12 month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary. If a licensee surrenders its license pursuant to an interference reduction agreement, and its surrender is contingent on the grant of another application, the licensee must identify in its notification the contingencies involved. [ 89 FR 7257 , Feb. 1, 2024] § 73.1800 General requirements related to the station log. ( a ) The licensee of each station must maintain a station log as required by § 73.1820 . This log shall be kept by station employees competent to do so, having actual knowledge of the facts required. All entries, whether required or not by the provisions of this part, must accurately reflect the station operation. Any employee making a log entry shall sign the log, thereby attesting to the fact that the entry, or any correction or addition made thereto, is an accurate representation of what transpired. ( b ) The logs shall be kept in an orderly and legible manner, in suitable form and in such detail that the data required for the particular class of station concerned are readily available. Key letters or abbreviations may be used if the proper meaning or explanation is contained elsewhere in the log. Each sheet must be numbered and dated. Time entries must be made in local time and must be indicated as advanced (e.g., EDT) or non-advanced (e.g., EST) time. ( c ) Any necessary corrections of a manually kept log after it has been signed in accordance with paragraph (a) of this section shall be made only by striking out the erroneous portion and making a corrective explanation on the log or attachment to it. Such corrections shall be dated and signed by the person who kept the log or the station chief operator, the station manager or an officer of the licensee. ( d ) No automatically kept log shall be altered in any way after entries have been recorded. When automatic logging processes fail or malfunction, the log must be kept manually for that period and in accordance with the requirements of this section. ( e ) No log, or portion thereof, shall be erased, obliterated or willfully destroyed during the period in which it is required to be retained. ( Section 73.1840 , Retention of logs.) ( f ) Application forms for licenses and other authorizations may require that certain technical operating data be supplied. These application forms should be kept in mind in connection with the maintenance of the station log. [ 43 FR 45850 , Oct. 4, 1978, as amended at 48 FR 38481 , Aug. 24, 1983; 48 FR 44806 , Sept. 30, 1983; 49 FR 14509 , Apr. 12, 1984; 49 FR 33663 , Aug. 24, 1984; 50 FR 40016 , Oct. 1, 1985] § 73.1820 Station log. ( a ) Entries must be made in the station log either manually by a person designated by the licensee who is in actual charge of the transmitting apparatus, or by automatic devices meeting the requirements of paragraph (b) of this section. Indications of operating parameters that are required to be logged must be logged prior to any adjustment of the equipment. Where adjustments are made to restore parameters to their proper operating values, the corrected indications must be logged and accompanied, if any parameter deviation was beyond a prescribed tolerance, by a notation describing the nature of the corrective action. Indications of all parameters whose values are affected by the modulation of the carrier must be read without modulation. The actual time of observation must be included in each log entry. The following information must be entered: ( 1 ) All stations. ( i ) Entries required by § 17.49 of this chapter concerning any observed or otherwise known extinguishment or improper functioning of a tower light: ( A ) The nature of such extinguishment or improper functioning. ( B ) The date and time the extinguishment or improper operation was observed or otherwise noted. ( C ) The date, time and nature of adjustments, repairs or replacements made. ( ii ) Any entries not specifically required in this section, but required by the instrument of authorization or elsewhere in this part. ( iii ) An entry of each test and activation of the Emergency Alert System (EAS) pursuant to the requirement of part 11 of this chapter and the EAS Operating Handbook. Stations may keep EAS data in a special EAS log which shall be maintained at a convenient location; however, this log is considered a part of the station log. ( 2 ) Directional AM stations without an FCC-approved antenna sampling system (See § 73.68 ). ( i ) An entry at the beginning of operations in each mode of operation, and thereafter at intervals not exceeding 3 hours, of the following (actual readings observed prior to making any adjustments to the equipment and an indication of any corrections to restore parameters to normal operating values): ( A ) Common point current. ( B ) When the operating power is determined by the indirect method, the efficiency factor F and either the product of the final amplifier input voltage and current or the calculated antenna input power. See § 73.51(e) . ( C ) Antenna monitor phase or phase deviation indications. ( D ) Antenna monitor sample currents, current ratios, or ratio deviation indications. ( ii ) Entries required by § 73.61 performed in accordance with the schedule specified therein. ( iii ) Entries of the results of calibration of automatic logging devices (see paragraph (b) of this section) or indicating instruments (see § 73.67 ), whenever performed. ( b ) Automatic devices accurately calibrated and with appropriate time, date and circuit functions may be utilized to record entries in the station log Provided: ( 1 ) The recording devices do not affect the operation of circuits or accuracy of indicating instruments of the equipment being recorded; ( 2 ) The recording devices have an accuracy equivalent to the accuracy of the indicating instruments; ( 3 ) The calibration is checked against the original indicators as often as necessary to ensure recording accuracy; ( 4 ) In the event of failure or malfunctioning of the automatic equipment, the person designated by the licensee as being responsible for the log small make the required entries in the log manually at that time; ( 5 ) The indicating equipment conforms to the requirements of § 73.1215 (Indicating instruments—specifications) except that the scales need not exceed 5 cm (2 inches) in length. Arbitrary scales may not be used. ( c ) In preparing the station log, original data may be recorded in rough form and later transcribed into the log. [ 43 FR 45854 , Oct. 4, 1978, as amended at 44 FR 58735 , Oct. 11, 1979; 47 FR 24580 , June 7, 1982; 48 FR 38481 , Aug. 24, 1983; 48 FR 44806 , Sept. 30, 1983; 49 FR 33603 , Aug. 23, 1984; 58 FR 44951 , Aug. 25, 1993; 59 FR 67102 , Dec. 28, 1994; 60 FR 55482 , Nov. 1, 1995] § 73.1835 Special technical records. The FCC may require a broadcast station licensee to keep operating and maintenance records as necessary to resolve conditions of actual or potential interference, rule violations, or deficient technical operation. [ 48 FR 38482 , Aug. 24, 1983] § 73.1840 Retention of logs. ( a ) Any log required to be kept by station licensees shall be retained by them for a period of 2 years. However, logs involving communications incident to a disaster or which include communications incident to or involved in an investigation by the FCC and about which the licensee has been notified, shall be retained by the licensee until specifically authorized in writing by the FCC to destroy them. Logs incident to or involved in any claim or complaint of which the licensee has notice shall be retained by the licensee until such claim or complaint has been fully satisfied or until the same has been barred by statute limiting the time for filing of suits upon such claims. ( b ) Logs may be retained on microfilm, microfiche or other data-storage systems subject to the following conditions: ( 1 ) Suitable viewing—reading devices shall be available to permit FCC inspection of logs pursuant to § 73.1226 , availability to FCC of station logs and records. ( 2 ) Reproduction of logs, stored on data-storage systems, to full-size copies, is required of licensees if requested by the FCC or the public as authorized by FCC rules. Such reproductions must be completed within 2 full work days of the time of the request. ( 3 ) Corrections to logs shall be made: ( i ) Prior to converting to a data-storage system pursuant to the requirements of § 73.1800 (c) and (d) , ( § 73.1800 , General requirements relating to logs). ( ii ) After converting to a data-storage system, by separately making such corrections and then associating with the related data-stored logs. Such corrections shall contain sufficient information to allow those reviewing the logs to identify where corrections have been made, and when and by whom the corrections were made. ( 4 ) Copies of any log required to be filed with any application; or placed in the station's local public inspection file as part of an application; or filed with reports to the FCC must be reproduced in fullsize form when complying with these requirements. [ 45 FR 41151 , June 18, 1980, as amended at 46 FR 13907 , Feb. 24, 1981; 46 FR 18557 , Mar. 25, 1981; 49 FR 33663 , Aug. 24, 1984] § 73.1870 Chief operators. ( a ) The licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator. At times when the chief operator is unavailable or unable to act (e.g., vacations, sickness), the licensee shall designate another person as the acting chief operator on a temporary basis. ( b ) Chief operators shall be employed or serve on the following basis: ( 1 ) The chief operator for an AM station using a directional antenna or operating with greater than 10 kW authorized power, or of a TV station is to be an employee of the station on duty for whatever number of hours each week the station licensee determines is necessary to keep the station's technical operation in compliance with FCC rules and the terms of the station authorization. ( 2 ) Chief operators for non-directional AM stations operating with authorized powers not exceeding 10 kW and FM stations may be either an employee of the station or engaged to serve on a contract basis for whatever number of hours each week the licensee determines is necessary to keep the station's technical operation in compliance with the FCC rules and terms of the station authorization. ( 3 ) The designation of the chief operator must be in writing. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files. ( c ) The chief operator is responsible for completion of the following duties specified in this paragraph below. When these duties are delegated to other persons, the chief operator shall maintain supervisory oversight sufficient to know that each requirement has been fulfilled in a timely and correct manner. ( 1 ) Inspections and calibrations of the transmission system, required monitors, metering and control systems; and any necessary repairs or adjustments where indicated. (See § 73.1580 .) ( 2 ) Periodic AM field monitoring point measurements, equipment performance measurements, or other tests as specified in the rules or terms of the station license. ( 3 ) Review of the station records at least once each week to determine if required entries are being made correctly. Additionally, verification must be made that the station has been operated as required by the rules or the station authorization. Upon completion of the review, the chief operator or his designee must date and sign the log, initiate any corrective action which may be necessary, and advise the station licensee of any condition which is repetitive. ( 4 ) Any entries which may be required in the station records. (See § 73.1820 .) [ 46 FR 35463 , July 8, 1981, as amended at 47 FR 31580 , July 21, 1982; 48 FR 38482 , Aug. 24, 1983; 48 FR 44806 , Sept. 30, 1983; 49 FR 20670 , May 16, 1984; 49 FR 50048 , Dec. 26, 1984; 50 FR 32416 , Aug. 12, 1985; 60 FR 55482 , Nov. 1, 1995; 65 FR 30006 , May 10, 2000; 84
FR 2758 , Feb. 8, 2019] § 73.1940 Legally qualified candidates for public office. ( a ) A legally qualified candidate for public office is any person who: ( 1 ) Has publicly announced his or her intention to run for nomination or office; ( 2 ) Is qualified under the applicable local, State or Federal law to hold the office for which he or she is a candidate; and ( 3 ) Has met the qualifications set forth in either paragraph (b) , (c) , (d) , or (e) of this section. ( b ) A person seeking election to any public office including that of President or Vice President of the United States, or nomination for any public office except that of President or Vice President, by means of a primary, general or special election, shall be considered a legally qualified candidate if, in addition to meeting the criteria set forth in paragraph (a) of this section, that person: ( 1 ) Has qualified for a place on the ballot; or ( 2 ) Has publicly committed himself or herself to seeking election by the write-in method and is eligible under applicable law to be voted for by sticker, by writing in his or her name on the ballot or by other method, and makes a substantial showing that he or she is a bona fide candidate for nomination or office. ( c ) A person seeking election to the office of President or Vice President of the United States shall, for the purposes of the Communications Act and the rules in 47 CFR chapter I , be considered legally qualified candidates only in those States or territories (or the District of Columbia) in which they have met the requirements set forth in paragraphs (a) and (b) of this section: Except, that any such person who has met the requirements set forth in paragraphs (a) and (b) of this section in at least 10 States (or 9 and the District of Columbia) shall be considered a legally qualified candidate for election in all States, territories, and the District of Columbia for the purposes of this Act. ( d ) A person seeking nomination to any public office, except that of President or Vice President of the United States, by means of a convention, caucus or similar procedure, shall be considered a legally qualified candidate if, in addition to meeting the requirements set forth in paragraph (a) of this section, that person makes a substantial showing that he or she is a bona fide candidate for such nomination: Except, that no person shall be considered a legally qualified candidate for nomination by the means set forth in this paragraph prior to 90 days before the beginning of the convention, caucus or similar procedure in which he or she seeks nomination. ( e ) A person seeking nomination for the office of President or Vice President of the United States shall, for the purposes of the Communications Act and the rules thereunder, be considered a legally qualified candidate only in those States or territories (or the District of Columbia) in which, in addition to meeting the requirements set forth in paragraph (a) of this section: ( 1 ) He or she, or proposed delegates on his or her behalf, have qualified for the primary or Presidential preference ballot in that State, territory or the District of Columbia; or ( 2 ) He or she has made a substantial showing of a bona fide candidacy for such nomination in that State, territory or the District of Columbia; except, that any such person meeting the requirements set forth in paragraphs (a)(1) and (2) of this section in at least 10 States (or 9 and the District of Columbia) shall be considered a legally qualified candidate for nomination in all States, territories and the District of Columbia for purposes of this Act. ( f ) The term “substantial showing” of a bona fide candidacy as used in paragraphs (b) , (d) , and (e) of this section means evidence that the person claiming to be a candidate has: ( 1 ) Satisfied the requirements under applicable law to run as a write-in (such as registering, collecting signatures, paying fees, etc.); and ( 2 ) Has engaged to a substantial degree in activities commonly associated with political campaigning. Such activities normally would include making campaign speeches, distributing campaign literature, issuing press releases, maintaining a campaign committee, establishing campaign headquarters (even though the headquarters in some instances might be the residence of the candidate or his or her campaign manager), creating a campaign website, and using social media for the purpose of promoting or furthering a campaign for public office. Not all of the listed activities are necessarily required in each case to demonstrate a substantial showing, and there may be activities not listed herein which would contribute to such a showing. The creation of a campaign website and the use of social media shall be additional indicators of a bona fide candidacy, not determinative factors, and such digital activities must be combined with other activities commonly associated with political campaigning that are conducted in substantial portions of the relevant geographic area. [ 57 FR 27708 , June 22, 1992, as amended at 87 FR 7755 , Feb. 10, 2022] § 73.1941 Equal opportunities. ( a ) General requirements. Except as otherwise indicated in § 73.1944 , no station licensee is required to permit the use of its facilities by any legally qualified candidate for public office, but if any licensee shall permit any such candidate to use its facilities, it shall afford equal opportunities to all other candidates for that office to use such facilities. Such licensee shall have no power of censorship over the material broadcast by any such candidate. Appearance by a legally qualified candidate on any: ( 1 ) Bona fide newscast; ( 2 ) Bona fide news interview; ( 3 ) Bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary); or ( 4 ) On-the-spot coverage of bona fide news events (including, but not limited to political conventions and activities incidental thereto) shall not be deemed to be use of broadcasting station. (section 315(a) of the Communications Act.) ( b ) Uses. As used in this section and § 73.1942 , the term “use” means a candidate appearance (including by voice or picture) that is not exempt under paragraphs 73.1941 (a)(1) through (a)(4) of this section. ( c ) Timing of request. A request for equal opportunities must be submitted to the licensee within 1 week of the day on which the first prior use giving rise to the right of equal opportunities occurred: Provided, however, That where the person was not a candidate at the time of such first prior use, he or she shall submit his or her request within 1 week of the first subsequent use after he or she has become a legally qualified candidate for the office in question. ( d ) Burden of proof. A candidate requesting equal opportunities of the licensee or complaining of noncompliance to the Commission shall have the burden of proving that he or she and his or her opponent are legally qualified candidates for the same public office. ( e ) Discrimination between candidates. In making time available to candidates for public office, no licensee shall make any discrimination between candidates in practices, regulations, facilities, or services for or in connection with the service rendered pursuant to this part, or make or give any preference to any candidate for public office or subject any such candidate to any prejudice or disadvantage; nor shall any licensee make any contract or other agreement which shall have the effect of permitting any legally qualified candidate for any public office to broadcast to the exclusion of other legally qualified candidates for the same public office. [ 57 FR 208 , Jan. 3, 1992, as amended at 59 FR 14568 , Mar. 29, 1994] § 73.1942 Candidate rates. ( a ) Charges for use of stations. The charges, if any, made for the use of any broadcasting station by any person who is a legally qualified candidate for any public office in connection with his or her campaign for nomination for election, or election, to such office shall not exceed: ( 1 ) During the 45 days preceding the date of a primary or primary runoff election and during the 60 days preceding the date of a general or special election in which such person is a candidate, the lowest unit charge of the station for the same class and amount of time for the same period. ( i ) A candidate shall be charged no more per unit than the station charges its most favored commercial advertisers for the same classes and amounts of time for the same periods. Any station practices offered to commercial advertisers that enhance the value of advertising spots must be disclosed and made available to candidates on equal terms. Such practices include but are not limited to any discount privileges that affect the value of advertising, such as bonus spots, time-sensitive make goods, preemption priorities, or any other factors that enhance the value of the announcement. ( ii ) The Commission recognizes non-premptible, preemptible with notice, immediately preemptible and run-of-schedule as distinct classes of time. ( iii ) Stations may establish and define their own reasonable classes of immediately preemptible time so long as the differences between such classes are based on one or more demonstrable benefits associated with each class and are not based solely upon price or identity of the advertiser. Such demonstrable benefits include, but are not limited to, varying levels of preemption protection, scheduling flexibility, or associated privileges, such as guaranteed time-sensitive make goods. Stations may not use class distinctions to defeat the purpose of the lowest unit charge requirement. All classes must be fully disclosed and made available to candidates. ( iv ) Stations may establish reasonable classes of preemptible with notice time so long as they clearly define all such classes, fully disclose them and make available to candidates. ( v ) Stations may treat non-preemptible and fixed position as distinct classes of time provided that stations articulate clearly the differences between such classes, fully disclose them, and make them available to candidates. ( vi ) Stations shall not establish a separate, premium-period class of time sold only to candidates. Stations may sell higher-priced non-preemptible or fixed time to candidates if such a class of time is made available on a bona fide basis to both candidates and commercial advertisers, and provided such class is not functionally equivalent to any lower-priced class of time sold to commercial advertisers. ( vii ) [Reserved] ( viii ) Lowest unit charge may be calculated on a weekly basis with respect to time that is sold on a weekly basis, such as rotations through particular programs or dayparts. Stations electing to calculate the lowest unit charge by such a method must include in that calculation all rates for all announcements scheduled in the rotation, including announcements aired under long-term advertising contracts. Stations may implement rate increases during election periods only to the extent that such increases constitute “ordinary business practices,” such as seasonal program changes or changes in audience ratings. ( ix ) Stations shall review their advertising records periodically throughout the election period to determine whether compliance with this section requires that candidates receive rebates or credits. Where necessary, stations shall issue such rebates or credits promptly. ( x ) Unit rates charged as part of any package, whether individually negotiated or generally available to all advertisers, must be included in the lowest unit charge calculation for the same class and length of time in the same time period. A candidate cannot be required to purchase advertising in every program or daypart in a package as a condition for obtaining package unit rates. ( xi ) Stations are not required to include non-cash promotional merchandising incentives in lowest unit charge calculations; provided, however, that all such incentives must be offered to candidates as part of any purchases permitted by the licensee. Bonus spots, however, must be included in the calculation of the lowest unit charge calculation. ( xii ) Makes goods, defined as the rescheduling of preempted advertising, shall be provided to candidates prior to election day if a station has provided a time-sensitive make good during the year preceding the pre-election periods, perspectively set forth in paragraph (a)(1) of this section, to any commercial advertiser who purchased time in the same class. ( xiii ) Stations must disclose and make available to candidates any make good policies provided to commercial advertisers. If a station places a make good for any commercial advertiser or other candidate in a more valuable program or daypart, the value of such make good must be included in the calculation of the lowest unit charge for that program or daypart. ( 2 ) At any time other than the respective periods set forth in paragraph (a)(1) of this section, stations may charge legally qualified candidates for public office no more than the changes made for comparable use of the station by commercial advertisers. The rates, if any, charged all such candidates for the same office shall be uniform and shall not be rebated by any means, direct or indirect. A candidate shall be charged no more than the rate the station would charge for comparable commercial advertising. All discount privileges otherwise offered by a station to commercial advertisers must be disclosed and made available upon equal terms to all candidate for public office. ( b ) If a station permits a candidate to use its facilities, the station shall make all discount privileges offered to commercial advertisers, including the lowest unit charges for each class and length of time in the same time period, and all corresponding discount privileges, available upon equal terms to all candidates. This duty includes an affirmative duty to disclose to candidates information about rates, terms conditions and all value-enhancing discount privileges offered to commercial advertisers. Stations may use reasonable discretion in making the disclosure; provided, however, that the disclosure includes, at a minimum, the following information: ( 1 ) A description and definition of each class of time available to commercial advertisers sufficiently complete to allow candidates to identify and understand what specific attributes differentiate each class; ( 2 ) A description of the lowest unit charge and related privileges (such as priorities against preemption and make goods prior to specific deadlines) for each class of time offered to commercial advertisers; ( 3 ) A description of the station's method of selling preemptible time based upon advertiser demand, commonly known as the “current selling level,” with the stipulation that candidates will be able to purchase at these demand-generated rates in the same manner as commercial advertisers; ( 4 ) An approximation of the likelihood of preemption for each kind of preemptible time; and ( 5 ) An explanation of the station's sales practices, if any, that are based on audience delivery, with the stipulation that candidates will be able to purchase this kind of time, if available to commercial advertisers. ( c ) Once disclosure is made, stations shall negotiate in good faith to actually sell time to candidates in accordance with the disclosure. ( d ) This rule ( § 73.1942 ) shall not apply to any station licensed for non-commercial operation. [ 57 FR 209 , Jan. 3, 1992, as amended at 57 FR 27709 , June 22, 1992] § 73.1943 Political file. ( a ) A licensee shall maintain, and make available for public inspection, a complete record of a request to purchase broadcast time that: ( 1 ) Is made by or on behalf of a legally qualified candidate for public office; or ( 2 ) Communicates a message relating to any political matter of national importance, including: ( i ) A legally qualified candidate; ( ii ) Any election to Federal office; or ( iii ) A national legislative issue of public importance. ( b ) A record maintained under paragraph (a) shall contain information regarding: ( 1 ) Whether the request to purchase broadcast time is accepted or rejected by the licensee; ( 2 ) The rate charged for the broadcast time; ( 3 ) The date and time on which the communication is aired; ( 4 ) The class of time that is purchased; ( 5 ) The name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers (as applicable); ( 6 ) In the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and ( 7 ) In the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. ( c ) When free time is provided for use by or on behalf of candidates, a record of the free time provided shall be placed in the political file. ( d ) All records required by this paragraph shall be placed in the online political file as soon as possible and shall be retained for a period of two years. As soon as possible means immediately absent unusual circumstances. [ 57 FR 210 , Jan. 3, 1992, as amended at 77 FR 27655 , May 11, 2012; 81 FR 10123 , Feb. 29, 2016; 85 FR 21078 , Apr. 16, 2020; 87 FR 7755 , Feb. 10, 2022; 87 FR 33441 , June 2, 2022] § 73.1944 Reasonable access. ( a ) Section 312(a)(7) of the Communications Act provides that the Commission may revoke any station license or construction permit for willful or repeated failure to allow reasonable access to, or to permit purchase of, reasonable amounts of time for the use of a broadcasting station by a legally qualified candidate for Federal elective office on behalf of his candidacy. ( b ) Weekend access. For purposes of providing reasonable access, a licensee shall make its facilities available for use by federal candidates on the weekend before the election if the licensee has provided similar access to commercial advertisers during the year preceding the relevant election period. Licensees shall not discriminate between candidates with regard to weekend access. [ 57 FR 210 , Jan. 3, 1992] § 73.2080 Equal employment opportunities (EEO). ( a ) General EEO policy. Equal opportunity in employment shall be afforded by all licensees or permittees of commercially or noncommercially operated AM, FM, TV, Class A TV or international broadcast stations (as defined in this part) to all qualified persons, and no person shall be discriminated against in employment by such stations because of race, color, religion, national origin, or sex. Religious radio broadcasters may establish religious belief or affiliation as a job qualification for all station employees. However, they cannot discriminate on the basis of race, color, national origin or gender from among those who share their religious affiliation or belief. For purposes of this rule, a religious broadcaster is a licensee which is, or is closely affiliated with, a church, synagogue, or other religious entity, including a subsidiary of such an entity. ( b ) General EEO program requirements. Each broadcast station shall establish, maintain, and carry out a positive continuing program of specific practices designed to ensure equal opportunity and nondiscrimination in every aspect of station employment policy and practice. Under the terms of its program, a station shall: ( 1 ) Define the responsibility of each level of management to ensure vigorous enforcement of its policy of equal opportunity, and establish a procedure to review and control managerial and supervisory performance; ( 2 ) Inform its employees and recognized employee organizations of the equal employment opportunity policy and program and enlist their cooperation; ( 3 ) Communicate its equal employment opportunity policy and program and its employment needs to sources of qualified applicants without regard to race, color, religion, national origin, or sex, and solicit their recruitment assistance on a continuing basis; ( 4 ) Conduct a continuing program to exclude all unlawful forms of prejudice or discrimination based upon race, color, religion, national origin, or sex from its personnel policies and practices and working conditions; and ( 5 ) Conduct a continuing review of job structure and employment practices and adopt positive recruitment, job design, and other measures needed to ensure genuine equality of opportunity to participate fully in all organizational units, occupations, and levels of responsibility. ( c ) Specific EEO program requirements. Under the terms of its program, a station employment unit must: ( 1 ) Recruit for every full-time job vacancy in its operation. A job filled by an internal promotion is not considered a vacancy for which recruitment is necessary. Religious radio broadcasters who establish religious affiliation as a qualification for a job position are not required to comply with these recruitment requirements with respect to that job position or positions, but will be expected to make reasonable, good faith efforts to recruit applicants who are qualified based on their religious affiliation. Nothing in this section shall be interpreted to require a broadcaster to grant preferential treatment to any individual or group based on race, color, national origin, religion, or gender. ( i ) A station employment unit shall use recruitment sources for each vacancy sufficient in its reasonable, good faith judgment to widely disseminate information concerning the vacancy. ( ii ) In addition to such recruitment sources, a station employment unit shall provide notification of each full-time vacancy to any organization that distributes information about employment opportunities to job seekers or refers job seekers to employers, upon request by such organization. To be entitled to notice of vacancies, the requesting organization must provide the station employment unit with its name, mailing address, e-mail address (if applicable), telephone number, and contact person, and identify the category or categories of vacancies of which it requests notice. (An organization may request notice of all vacancies). ( 2 ) Engage in at least four (if the station employment unit has more than ten full-time employees and is not located in a smaller market) or two (if it has five to ten full-time employees and/or is located entirely in a smaller market) of the following initiatives during each two-year period beginning with the date stations in the station employment unit are required to file renewal applications, or the second, fourth or sixth anniversaries of that date. ( i ) Participation in at least four job fairs by station personnel who have substantial responsibility in the making of hiring decisions; ( ii ) Hosting of at least one job fair; ( iii ) Co-sponsoring at least one job fair with organizations in the business and professional community whose membership includes substantial participation of women and minorities; ( iv ) Participation in at least four events sponsored by organizations representing groups present in the community interested in broadcast employment issues, including conventions, career days, workshops, and similar activities; ( v ) Establishment of an internship program designed to assist members of the community to acquire skills needed for broadcast employment; ( vi ) Participation in job banks, Internet programs, and other programs designed to promote outreach generally ( i.e., that are not primarily directed to providing notification of specific job vacancies); ( vii ) Participation in scholarship programs designed to assist students interested in pursuing a career in broadcasting; ( viii ) Establishment of training programs designed to enable station personnel to acquire skills that could qualify them for higher level positions; ( ix ) Establishment of a mentoring program for station personnel; ( x ) Participation in at least four events or programs sponsored by educational institutions relating to career opportunities in broadcasting; ( xi ) Sponsorship of at least two events in the community designed to inform and educate members of the public as to employment opportunities in broadcasting; ( xii ) Listing of each upper-level category opening in a job bank or newsletter of media trade groups whose membership includes substantial participation of women and minorities; ( xiii ) Provision of assistance to unaffiliated non-profit entities in the maintenance of web sites that provide counseling on the process of searching for broadcast employment and/or other career development assistance pertinent to broadcasting; ( xiv ) Provision of training to management level personnel as to methods of ensuring equal employment opportunity and preventing discrimination; ( xv ) Provision of training to personnel of unaffiliated non-profit organizations interested in broadcast employment opportunities that would enable them to better refer job candidates for broadcast positions; ( xvi ) Participation in other activities designed by the station employment unit reasonably calculated to further the goal of disseminating information as to employment opportunities in broadcasting to job candidates who might otherwise be unaware of such opportunities. ( 3 ) Analyze its recruitment program on an ongoing basis to ensure that it is effective in achieving broad outreach to potential applicants, and address any problems found as a result of its analysis. ( 4 ) Periodically analyze measures taken to: ( i ) Disseminate the station's equal employment opportunity program to job applicants and employees; ( ii ) Review seniority practices to ensure that such practices are nondiscriminatory; ( iii ) Examine rates of pay and fringe benefits for employees having the same duties, and eliminate any inequities based upon race, national origin, color, religion, or sex discrimination; ( iv ) Utilize media for recruitment purposes in a manner that will contain no indication, either explicit or implicit, of a preference for one race, national origin, color, religion or sex over another; ( v ) Ensure that promotions to positions of greater responsibility are made in a nondiscriminatory manner; ( vi ) Where union agreements exist, cooperate with the union or unions in the development of programs to ensure all persons of equal opportunity for employment, irrespective of race, national origin, color, religion, or sex, and include an effective nondiscrimination clause in new or renegotiated union agreements; and ( vii ) Avoid the use of selection techniques or tests that have the effect of discriminating against any person based on race, national origin, color, religion, or sex. ( 5 ) Retain records to document that it has satisfied the requirements of paragraphs (c)(1) and (2) of this section. Such records, which may be maintained in an electronic format, shall be retained until after grant of the renewal application for the term during which the vacancy was filled or the initiative occurred. Such records need not be submitted to the FCC unless specifically requested. The following records shall be maintained: ( i ) Listings of all full-time job vacancies filled by the station employment unit, identified by job title; ( ii ) For each such vacancy, the recruitment sources utilized to fill the vacancy (including, if applicable, organizations entitled to notification pursuant to paragraph (c)(1)(ii) of this section, which should be separately identified), identified by name, address, contact person and telephone number; ( iii ) Dated copies of all advertisements, bulletins, letters, faxes, e-mails, or other communications announcing vacancies; ( iv ) Documentation necessary to demonstrate performance of the initiatives required by paragraph (c)(2) of this section, including sufficient information to fully disclose the nature of the initiative and the scope of the station's participation, including the station personnel involved; ( v ) The total number of interviewees for each vacancy and the referral source for each interviewee; and ( vi ) The date each vacancy was filled and the recruitment source that referred the hiree. ( 6 ) Annually, on the anniversary of the date a station is due to file its renewal application, the station shall place in its public file, maintained pursuant to § 73.3526 or § 73.3527 , and on its website, if it has one, an EEO public file report containing the following information (although if any broadcast licensee acquires a station pursuant to FCC Form 2100 Schedule 314 or FCC Form 2100 Schedule 315 during the twelve months covered by the EEO public file report, its EEO public file report shall cover the period starting with the date it acquired the station): ( i ) A list of all full-time vacancies filled by the station's employment unit during the preceding year, identified by job title; ( ii ) For each such vacancy, the recruitment source(s) utilized to fill the vacancy (including, if applicable, organizations entitled to notification pursuant to paragraph (c)(1)(ii) of this section, which should be separately identified), identified by name, address, contact person and telephone number; ( iii ) The recruitment source that referred the hiree for each full-time vacancy during the preceding year; ( iv ) Data reflecting the total number of persons interviewed for full-time vacancies during the preceding year and the total number of interviewees referred by each recruitment source utilized in connection with such vacancies; and ( v ) A list and brief description of initiatives undertaken pursuant to paragraph (c)(2) of this section during the preceding year. ( d ) Small station exemption. The provisions of paragraphs (b) and (c) of this section shall not apply to station employment units that have fewer than five full-time employees. ( e ) Definitions. For the purposes of this rule: ( 1 ) A full-time employee is a permanent employee whose regular work schedule is 30 hours per week or more. ( 2 ) A station employment unit is a station or a group of commonly owned stations in the same market that share at least one employee. ( 3 ) A smaller market includes metropolitan areas as defined by the Office of Management and Budget with a population of fewer than 250,000 persons and areas outside of all metropolitan areas as defined by the Office of Management and Budget. ( f ) Enforcement. The following provisions apply to employment activity concerning full-time positions at each broadcast station employment unit (defined in this part) employing five or more persons in full-time positions, except where noted. ( 1 ) All broadcast stations, including those that are part of an employment unit with fewer than five full-time employees, shall file a Broadcast Equal Employment Opportunity Program Report (Form 2100 Schedule 396) with their renewal application. Form 2100 Schedule 396 is filed on the date the station is due to file its application for renewal of license. If a broadcast licensee acquires a station pursuant to FCC Form 2100 Schedule 314 or FCC Form 2100 Schedule 315 during the period that is to form the basis for the Form 2100 Schedule 396, information provided on its Form 2100 Schedule 396 should cover the licensee's EEO recruitment activity during the period starting with the date it acquired the station. Stations are required to maintain a copy of their Form 2100 Schedule 396 in the station's public file in accordance with the provisions of §§ 73.3526 and 73.3527 . ( 2 ) The Commission will conduct a mid-term review of the employment practices of each broadcast television station that is part of an employment unit of five or more full-time employees and each radio station that is part of an employment unit of eleven or more full-time employees, four years following the station's most recent license expiration date as specified in § 73.1020 . If a broadcast licensee acquires a station pursuant to FCC Form 2100 Schedule 314 or FCC Form 2100 Schedule 315 during the period that is to form the basis for the mid-term review, that review will cover the licensee's EEO recruitment activity during the period starting with the date it acquired the station. ( 3 ) If a station is subject to a time brokerage agreement, the licensee shall file Form s 2100 Schedule 396 and EEO public file reports concerning only its own recruitment activity. If a licensee is a broker of another station or stations, the licensee-broker shall include its recruitment activity for the brokered station(s) in determining the bases of Form s 2100 Schedule 396 and the EEO public file reports for its own station. If a licensee-broker owns more than one station, it shall include its recruitment activity for the brokered station in the Form s 2100 Schedule 396 and EEO public file reports filed for its own station that is most closely affiliated with, and in the same market as, the brokered station. If a licensee-broker does not own a station in the same market as the brokered station, then it shall include its recruitment activity for the brokered station in the Form s 2100 Schedule 396 and EEO public file reports filed for its own station that is geographically closest to the brokered station. ( 4 ) Broadcast stations subject to this section shall maintain records of their recruitment activity necessary to demonstrate that they are in compliance with the EEO rule. Stations shall ensure that they maintain records sufficient to verify the accuracy of information provided in Form 2100 Schedule 396 and EEO public file reports. To determine compliance with the EEO rule, the Commission may conduct inquiries of licensees at random or if it has evidence of a possible violation of the EEO rule. In addition, the Commission will conduct random audits. Specifically, each year approximately five percent of all licensees in the television and radio services will be randomly selected for audit, ensuring that, even though the number of radio licensees is significantly larger than television licensees, both services are represented in the audit process. Upon request, stations shall make records available to the Commission for its review. ( 5 ) The public may file complaints throughout the license term based on the contents of a station's public file. Provisions concerning filing, withdrawing, or non-filing of informal objections or petitions to deny license renewal, assignment, or transfer applications are delineated in §§ 73.3584 and 73.3587-3589 of the Commission's rules. ( g ) Sanctions and remedies. The Commission may issue appropriate sanctions and remedies for any violation of this rule. [ 68 FR 689 , Jan. 7, 2003, as amended at 84 FR 21723 , May 15, 2019; 89 FR 7257 , Feb. 1, 2024] § 73.2090 Ban on discrimination in broadcast transactions. No qualified person or entity shall be discriminated against on the basis of race, color, religion, national origin or sex in the sale of commercially operated AM, FM, TV, Class A TV or international broadcast stations (as defined in this part). [ 73 FR 28369 , May 16, 2008] § 73.3500 Application and report forms. ( a ) Following are the FCC broadcast application and report forms, listed by number. Table 1 to Paragraph ( a ) Form No. Title 175 Application to Participate in an FCC Auction. 2100 Schedule A Application for Authority to Construct or Make Changes in a TV Commercial Broadcast/Noncommercial Educational Broadcast Station. 2100 Schedule 301-AM Application for AM Station Construction Permit. 2100 Schedule 301-FM Application for Commercial FM Station Construction Permit. 2100 Schedule 302-AM Application for AM Broadcast Station License. 2100 Schedule E Application for Class A Television Broadcasting Station Construction Permit. 2100 Schedule 302-FM Application for FM Station License. 2100 Schedule B Application for Television Broadcast Station License. 2100 Schedule F Application for Class A Television Broadcast Station License. 2100 Schedule 303-S Application for Renewal of License for Commercial or Noncommercial AM, FM, TV, Class A TV, FM Translator, TV Translator, LPTV, or LPFM Station. 308 Application for Permit to Deliver Programs to Foreign Broadcast Stations. 309 Application for Authority to Construct or Make Changes in an International or Experimental Broadcast Station. 310 Application for an International or Experimental Broadcast Station License. 311 Application for Renewal of an International or Experimental Broadcast Station License. 2100 Schedule 314 Application for Consent to Assignment of Broadcast Station Construction Permit or License. 2100 Schedule 315 Application for Consent to Transfer of Control of Entity Holding Broadcast Station Construction Permit or License. 2100 Schedule 316 Application for Consent to Assign Broadcast Station Construction Permit or License or Transfer Control of Entity Holding Broadcast Station Construction Permit or License. 2100 Schedule 318 Application for Low Power FM Station Construction Permit. 2100 Schedule 319 Application for Low Power FM Station License. 323 Ownership Report for Commercial Broadcast Stations. 323-E Ownership Report for Noncommercial Educational Broadcast Stations. 2100 Schedule 340 Application for Noncommercial Educational FM Station Construction Permit. 2100 Schedule 345 Application for Consent to Assign Construction Permit or License for TV or FM Translator or Low Power TV Station, or to Transfer Control of Entity Holding TV or FM Translator or Low Power TV Station. 2100 Schedule C Application for Authority to Construct or Make Changes in a Low Power TV or TV Translator Station. 2100 Schedule D Application for a Low Power TV or TV Translator Station License. 2100 Schedule 349 Application for FM Translator or FM Booster Station Construction Permit. 2100 Schedule 350 Application for FM Translator or FM Booster Station License. 395-B Annual Employment Report and instructions. 2100 Schedule 396 Broadcast Equal Employment Opportunity Program Report. 2100 Schedule 396-A Broadcast Equal Employment Opportunity Model Program Report. 2100 Schedule H Children's Television Programming Report. 601 FCC Application for Wireless Telecommunications Bureau Radio Service Authorization. 603 FCC Wireless Telecommunications Bureau Application for Assignments of Authorization and Transfers of Control. ( b ) Any application on Form 2100 must be filed electronically. [ 89 FR 7258 , Feb. 1, 2024] § 73.3511 Applications required. ( a ) Formal application means any request for authorization where an FCC form for such request is prescribed. The prescription of an FCC form includes the requirement that the proper edition of the form is used. Formal applications on obsolete forms are subject to the provisions of § 73.3564 concerning acceptance of applications and § 73.3566 concerning defective applications. ( b ) Informal application 1 means all other written requests for authorization. All such applications should contain a caption clearly indicating the nature of the request submitted therein. ( c ) Formal and informal applications must comply with the requirements as to signing specified herein and in § 73.3513 . [ 44 FR 38486 , July 2, 1979, as amended at 47 FR 40172 , Sept. 13, 1982] § 73.3512 Where to file; number of copies. All applications for authorizations required by § 73.3511 shall be filed at the FCC in Washington, DC (Applications requiring fees as set forth at part 1, subpart G of this chapter must be filed in accordance with § 0.401(b) of the rules.) The number of copies required for each application is set forth in the FCC Form which is to be used in filing such application. [ 52 FR 10231 , Mar. 31, 1987] § 73.3513 Signing of applications. ( a ) Applications, amendments thereto, and related statements of fact required by the FCC must be signed by the following persons: ( 1 ) Individual Applicant. The applicant, if the applicant is an individual. ( 2 ) Partnership. One of the partners, if the applicant is a partnership. ( 3 ) Corporation. An officer, if the applicant is a corporation. ( 4 ) Unincorporated Association. A member who is an officer, if the applicant is an unincorporated association. ( 5 ) Governmental Entity. Such duly elected or appointed officials as may be competent to do so under the law of the applicable jurisdiction, if the applicant is an eligible governmental entity, such as a State or Territory of the United States and political subdivisions thereof, the District of Columbia, and a unit of local government, including an unincorporated municipality. ( b ) Applications, amendments thereto, and related statements of fact required by the FCC may be signed by the applicant's attorney in case of the applicant's physical disability or of his absence from the United States. The attorney shall in that event separately set forth the reason why the application is not signed by the applicant. In addition, if any matter is stated on the basis of the attorney's belief only (rather than his knowledge), he shall separately set forth his reasons for believing that such statements are true. ( c ) Facsimile signatures are acceptable. Only the original of applications, amendments, or related statements of fact, need be signed; copies may be conformed. ( d ) Applications, amendments, and related statements of fact need not be submitted under oath. Willful false statements made therein however, will be considered a violation of § 73.1015 , are also punishable by fine and imprisonment, U.S. Code, Title 18, section 1001, and by appropriate adminstrative sanctions including revocation of station license pursuant to section 312(a)(i) of the Communications Act. [ 44 FR 38487 , July 2, 1979, as amended at 51 FR 3069 , Jan. 23, 1986; 64 FR 56978 , Oct. 22, 1999] § 73.3514 Content of applications. ( a ) Each application shall include all information called for by the particular form on which the application is required to be filed, unless the information called for is inapplicable, in which case this fact shall be indicated. ( b ) The FCC may require an applicant to submit such documents and written statements of fact as in its judgment may be necessary. The FCC may also, upon its own motion or upon motion of any party to a proceeding, order the applicant to amend the application so as to make it more definite and certain. [ 44 FR 38487 , July 2, 1979] § 73.3516 Specification of facilities. ( a ) An application for facilities in the AM, FM, TV or Class A TV broadcast services, or low power TV service shall be limited to one frequency, or channel, and no application will be accepted for filing if it requests an alternate frequency or channel. Applications specifying split frequency AM operations using one frequency during daytime hours complemented by a different frequency during nighttime hours will not be accepted for filing. ( b ) An application for facilities in the experimental and auxiliary broadcast services may request the assignment of more than one frequency if consistent with applicable rules in Part 74. Such applications must specify the frequency or frequencies requested and may not request alternate frequencies. ( c ) An application for a construction permit for a new broadcast station, the facilities for which are specified in an outstanding construction permit or license, will not be accepted for filing. ( d ) An application for facilities in the International broadcast service may be filed without a request for specific frequency, as the FCC will assign frequencies from time to time in accordance with §§ 73.702 and 73.711 . ( e ) A petition to deny an application for renewal of license of an existing broadcast station will be considered as timely filed if it is tendered for filing by the end of the first day of the last full calendar month of the expiring license term. ( 1 ) If the license renewal application is not timely filed as prescribed in § 73.3539 , the deadline for filing petitions to deny thereto is the 90th day after the FCC gives public notice that it has accepted the late-filed renewal application for filing. ( 2 ) If any deadline falls on a nonbusiness day, the cutoff shall be the close of business of the first full business day thereafter. ( 3 ) The dates when the licenses of all broadcast and broadcast auxiliary services regularly expire are listed in §§ 73.733 , 73.1020 and 74.15 . [ 44 FR 38487 , July 2, 1979, as amended at 47 FR 21494 , May 18, 1982; 49 FR 47843 , Dec. 7, 1984; 51 FR 44071 , Dec. 8, 1986; 56 FR 64873 , Dec. 12, 1991; 61 FR 18291 , Apr. 25, 1996; 65 FR 30006 , May 10, 2000; 89 FR 7258 , Feb. 1, 2024] § 73.3517 Contingent applications. Contingent applications for new stations and for changes in facilities of existing stations are not acceptable for filing. Contingent applications will be accepted for filing under circumstances described below: ( a ) Upon filing of an application for the assignment of a license or construction permit, or for a transfer of control of a licensee or permittee, the proposed assignee or transferee may, upon payment of the processing fee prescribed in Subpart G, Part 1 of this chapter , file applications in its own name for authorization to make changes in the facilities to be assigned or transferred contingent upon approval and consummation of the assignment or transfer. Any application filed pursuant to this paragraph must be accompanied by a written statement from the existing licensee which specifically grants permission to the assignee or permittee to file such application. The processing fee will not be refundable should the assignment or transfer not be approved. The existing licensee or permittee may also file a contingent application in its own name, but fees in such cases also not refundable. ( b ) Whenever the FCC determines that processing of any application filed pursuant to paragraph (a) of this section, would be contrary to sound administrative practice or would impose an unwarranted burden on its staff and resources, the FCC may defer processing of such application until the assignment or transfer has been granted and consummated. ( c ) Upon payment of the filing fees prescribed in § 1.1111 of this chapter , the Commission will accept two or more applications filed by existing AM licensees for modification of facilities that are contingent upon granting of both, if granting such contingent applications will reduce interference to one or more AM stations or will otherwise increase the area of interference-free service. The applications must state that they are filed pursuant to an interference reduction arrangement and must cross-reference all other contingent applications. ( d ) Modified proposals curing conflicts between mutually exclusive clusters of applications filed in accordance with paragraphs (c) of this section will be accepted for 60 days following issuance of a public notice identifying such conflicts. ( e ) The Commission will accept up to four contingently related applications filed by FM licensees and/or permittees for minor modification of facilities. Two applications are related if the grant of one is necessary to permit the grant of the second application. Each application must state that it is filed as part of a related group of applications to make changes in facilities, must cross-reference each of the related applications, and must include a copy of the agreement to undertake the coordinated facility modifications. All applications must be filed on the same date. Any coordinated facility modification filing that proposes the cancellation of a community's sole noncommercial educational FM station license also must include a public interest justification. Dismissal of any one of the related applications as unacceptable will result in the dismissal of all the related applications. Note 1: No application to move to a frequency in the 1605-1705 kHz band may be part of any package of contingent applications associated with a voluntary agreement. Note 2: In cases where no modified proposal is filed pursuant to paragraph (d) of this section, the Commission will grant the application resulting in the greatest net interference reduction. [ 44 FR 38487 , July 2, 1979, as amended at 45 FR 41152 , June 18, 1980; 52 FR 5294 , Feb. 20, 1987; 53 FR 36787 , Sept. 22, 1988; 56 FR 64873 , Dec. 12, 1991; 64 FR 19501 , Apr. 21, 1999] § 73.3518 Inconsistent or conflicting applications. While an application is pending and undecided, no subsequent inconsistent or conflicting application may be filed by or on behalf of or for the benefit of the same applicant, successor or assignee. [ 44 FR 38487 , July 2, 1979] § 73.3519 Repetitious applications. ( a ) Where the FCC has denied an application for a new station or for any modification of services or facilities, or dismissed such application with prejudice, no like application involving service of the same kind for substantially the same area by substantially the same applicant, or his successor or assignee, or on behalf or for the benefit of the original parties in interest, may be filed within 12 months from the effective date of the FCC's action. ( b ) Where an appeal has been taken from the action of the FCC in denying a particular application, another application for the same class of broadcast station and for the same area, in whole or in part, filed by the same applicant, or his successor or assignee, or on behalf of, or for the benefit of the original parties in interest, will not be considered until final disposition of such appeal. [ 44 FR 38488 , July 2, 1979, as amended at 89 FR 7258 , Feb. 1, 2024] § 73.3520 Multiple applications. Where there is one application for new or additional facilities pending, no other application for new or additional facilities for a station of the same class to serve the same community may be filed by the same applicant, or successor or assignee, or on behalf of, or for the benefit of the original parties in interest. Multiple applications may not be filed simultaneously. [ 44 FR 38488 , July 2, 1979] § 73.3521 Mutually exclusive applications for low power television and television translator stations. When there is a pending application for a new low power television or television translator station, or for major changes in an existing station, no other application which would be directly mutually exclusive with the pending application may be filed by the same applicant or by any applicant in which any individual in common with the pending application has any interest, direct or indirect, except that interests or less than 1% will not be considered. [ 89 FR 7258 , Feb. 1, 2024] § 73.3522 Amendment of applications. ( a ) Broadcast services subject to competitive bidding. ( 1 ) Applicants in all broadcast services subject to competitive bidding will be subject to the provisions of §§ 73.5002 and 1.2105(b) regarding the modification of their short-form applications. ( 2 ) Subject to the provision of § 73.5005 , if it is determined that a long form application submitted by a winning bidder or a non-mutually exclusive applicant for a new station or a major change in an existing station in all broadcast services subject to competitive bidding is substantially complete, but contains any defect, omission, or inconsistency, a deficiency letter will be issued affording the applicant an opportunity to correct the defect, omission or inconsistency. Amendments may be filed pursuant to the deficiency letter curing any defect, omission or inconsistency identified by the Commission, or to make minor modifications to the application, or pursuant to § 1.65 . Such amendments should be filed in accordance with § 73.3513 . If a petition to deny has been filed, the amendment shall be served on the petitioner. ( 3 ) Subject to the provisions of §§ 73.3571 , 73.3572 and 73.3573 , deficiencies, omissions or inconsistencies in long-form applications may not be cured by major amendment. The filing of major amendments to long-form applications is not permitted. An application will be considered to be newly filed if it is amended by a major amendment. ( 4 ) Paragraph (a) of this section is not applicable to applications for minor modifications of facilities in the non-reserved FM broadcast service, nor to any application for a reserved band FM station. ( b ) Reserved Channel FM and reserved noncommercial educational television stations. Applications may be amended after Public Notice announcing a period for filing amendments. Amendments, when applicable, are subject to the provisions of §§ 73.3514 , 73.3525 , 73.3572 , 73.3573 , 73.3580 , and § 1.65 of this chapter . Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. Amendments will be accepted as described below and otherwise will only be considered upon a showing of good cause for late filing or pursuant to § 1.65 of this chapter or § 73.3514 : ( 1 ) A § 73.7002 Selectee. A Public Notice will announce that the application of a § 73.7002 Selectee (selected based on fair distribution) has been found acceptable for filing. If any Selectee's application is determined unacceptable the application will be returned and the Selectee will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application. All amendments filed in accordance with this paragraph must be minor and must not alter the § 73.7002 preference. ( 2 ) A § 73.7003 Tentative Selectee. A Public Notice will announce that the application of a § 73.7003 Tentative Selectee (selected through a point system) has been found acceptable for filing. If any Tentative Selectee's application is determined unacceptable the application will be returned and the Tentative Selectee will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application. All amendments filed in accordance with this paragraph must be minor and must claim the same number of qualitative points as originally claimed, or more points than claimed by the applicant with the next highest point total. ( 3 ) A Public Notice will identify all other reserved channel applications, such as non-mutually exclusive applications and the sole remaining application after a settlement among mutually exclusive applications. If any such application is determined unacceptable the application will be returned and the applicant will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application. All amendments filed in accordance with this paragraph must be minor. ( c ) Minor modifications of facilities in the non-reserved FM broadcast service. ( 1 ) Subject to the provisions of §§ 73.3525 , 73.3573 , and 73.3580 , for a period of 30 days following the FCC's issuance of a Public Notice announcing the tender of an application for minor modification of a non-reserved band FM station, (other than Class D stations), minor amendments may be filed as a matter of right. ( 2 ) For applications received on or after August 7, 1992, an applicant whose application is found to meet minimum filing requirements, but nevertheless is not complete and acceptable, shall have the opportunity during the period specified in the FCC staff's deficiency letter to correct all deficiencies in the tenderability and acceptability of the underlying application, including any deficiency not specifically identified by the staff. [For minimum filing requirements see § 73.3564(a) . Examples of tender defects appear at 50 FR 19936 at 19945-46 (May 13, 1985), reprinted as Appendix D, Report and Order, MM Docket No. 91-347, 7 FCC Rcd 5074, 5083-88 (1992). For examples of acceptance defects, see 49 FR 47331 .] Prior to the end of the period specified in the deficiency letter, a submission seeking to correct a tender and/or acceptance defect in an application meeting minimum filing requirements will be treated as an amendment for good cause if it would successfully and directly correct the defect. Other amendments submitted prior to grant will be considered only upon a showing of good cause for late filing or pursuant to § 1.65 or § 73.3514 . ( 3 ) Unauthorized or untimely amendments are subject to return by the Commission without consideration. However, an amendment to a non-reserved band application will not be accepted if the effect of such amendment is to alter the proposed facility's coverage area so as to produce a conflict with an applicant who files subsequent to the initial applicant but prior to the amendment application. Similarly, an applicant subject to “first come/first serve” processing will not be permitted to amend its application and retain filing priority if the result of such amendment is to alter the facility's coverage area so as to produce a conflict with an applicant which files subsequent to the initial applicant but prior to the amendment. Note 1 to § 73.3522 : When two or more broadcast applications are tendered for filing which are mutually exclusive with each other but not in conflict with any previously filed applications which have been accepted for filing, the FCC, where appropriate, will announce acceptance of the earliest tendered application and place the later filed application or applications on a subsequent public notice of acceptance for filing in order to establish a deadline for the filing of amendments as a matter of right for all applicants in the group. [ 63 FR 48623 , Sept. 11, 1998, as amended at 65 FR 36378 , June 8, 2000] § 73.3525 Agreements for removing application conflicts. ( a ) Whenever applicants for a construction permit for a broadcast station enter into an agreement to procure the removal of a conflict between applications pending before the FCC by withdrawal or amendment of an application or by its dismissal pursuant to § 73.3568 , all parties thereto shall, within 5 days after entering into the agreement, file with the FCC a joint request for approval of such agreement. The joint request shall be accompanied by a copy of the agreement, including any ancillary agreements, and an affidavit of each party to the agreement setting forth: ( 1 ) The reasons why it is considered that such agreement is in the public interest; ( 2 ) A statement that its application was not filed for the purpose of reaching or carrying out such agreement; ( 3 ) A certification that neither the applicant nor its principals has received any money or other consideration in excess of the legitimate and prudent expenses of the applicant; Provided That this provision shall not apply to bona fide merger agreements; ( 4 ) The exact nature and amount of any consideration paid or promised; ( 5 ) An itemized accounting of the expenses for which it seeks reimbursement; and ( 6 ) The terms of any oral agreement relating to the dismissal or withdrawal of its application. ( b ) Except where a joint request is filed pursuant to paragraph (a) of this section, any applicant filing an amendment pursuant to § 73.3522(b)(1) and (c) , or a request for dismissal pursuant to § 73.3568(b)(1) and (c) , which would remove a conflict with another pending application; or a petition for leave to amend pursuant to § 73.3522(b)(2) which would permit a grant of the amended application or an application previously in conflict with the amended application; or a request for dismissal pursuant to § 73.3568(b)(2) , shall file with it an affidavit as to whether or not consideration (including an agreement for merger of interests) has been promised to or received by such applicant, directly or indirectly, in connection with the amendment, petition or request. Although § 74.780 of this chapter makes this section generally applicable to low power TV and TV translators stations, paragraph (b) of this section shall not be applicable to such stations. ( c ) Upon the filing of a petition for leave to amend or to dismiss an application for broadcast facilities which has been designated for hearing or upon the dismissal of such application on the FCC's own motion pursuant to § 73.3568 , each applicant or party remaining in hearing, as to whom a conflict would be removed by the amendment or dismissal shall submit for inclusion in the record of that proceeding an affidavit stating whether or not he has directly or indirectly paid or promised consideration (including an agreement for merger of interests) in connection with the removal of such conflict. ( d ) Where an affidavit filed pursuant to paragraph (c) of this section states that consideration has been paid or promised, the affidavit shall set forth in full all relevant facts, including, but not limited to, the material listed in paragraph (a) of this section for inclusions in affidavits. ( e ) Affidavits filed pursuant to this section shall be executed by the applicant, permittee or licensee, if an individual; a partner having personal knowledge of the facts, if a partnership; or an officer having personal knowledge of the facts, if a corporation or association. ( f ) Requests and affidavits which relate to an application which has not been designated for hearing shall bear the file number of such application. If the affiant is also an applicant, the affidavit shall also bear the file number of affiant's pending application(s). Requests and affidavits which relate to an application which is designated for hearing shall bear the file number of that application and the hearing docket number and will be acted on by the presiding officer. ( g ) For the purposes of this section an application shall be deemed to be “pending” before the FCC and a party shall be considered to have the status of an “applicant” from the time an application is filed with the FCC until an order of the FCC granting or denying it is no longer subject to reconsideration by the FCC or to review by any court. ( h ) For purposes of this section, “legitimate and prudent expenses” are those expenses reasonably incurred by an applicant in preparing, filing, prosecuting, and settling its application for which reimbursement is being sought. ( i ) For purposes of this section, “other consideration” consists of financial concessions, including, but not limited to the transfer of assets or the provision of tangible pecuniary benefit, as well as non-financial concessions that confer any type of benefit on the recipient. ( j ) For purposes of this section, an “ancillary agreement” means any agreement relating to the dismissal of an application or settling of a proceeding, including any agreement on the part of an applicant or principal of an applicant to render consulting services to another party or principal of another party in the poroceeding. ( k ) The prohibition of collusion as set forth in §§ 1.2105(c) of this chapter and 73.5002, which becomes effective upon the filing of short-form applications, shall apply to all broadcast services subject to competitive bidding. [ 56 FR 28097 , June 19, 1991, as amended at 63 FR 48624 , Sept. 11, 1998; 85 FR 46794 , June 18, 2020; 89 FR 7258 , Feb. 1, 2024] § 73.3526 Online public inspection file of commercial stations. ( a ) Responsibility to maintain a file. The following shall maintain for public inspection a file containing the material set forth in this section. ( 1 ) Applicants for a construction permit for a new station in the commercial broadcast services shall maintain a public inspection file containing the material, relating to that station, described in paragraphs (e)(2) and (e)(10) of this section. A separate file shall be maintained for each station for which an application is pending. If the application is granted, paragraph (a)(2) of this section shall apply. ( 2 ) Every permittee or licensee of an AM, FM, TV or Class A TV station in the commercial broadcast services shall maintain a public inspection file containing the material, relating to that station, described in paragraphs (e)(1) through (e)(10) and paragraph (e)(13) of this section. In addition, every permittee or licensee of a commercial TV or Class A TV station shall maintain for public inspection a file containing material, relating to that station, described in paragraphs (e)(11) and (e)(15) of this section, and every permittee or licensee of a commercial AM or FM station shall maintain for public inspection a file containing the material, relating to that station, described in paragraphs (e)(12) and (e)(14) of this section. A separate file shall be maintained for each station for which an authorization is outstanding, and the file shall be maintained so long as an authorization to operate the station is outstanding. ( b ) Location of the file. The public inspection file shall be located as follows: ( 1 ) An applicant for a new station or change of community shall maintain its file at an accessible place in the proposed community of license. ( 2 ) ( i ) A television or radio station licensee or applicant shall place the contents required by paragraph (e) of this section of its public inspection file in the online public file hosted by the Commission. ( ii ) A station must provide a link to the public inspection file hosted on the Commission's website from the home page of its own website, if the station has a website, and provide contact information on its website for a station representative that can assist any person with disabilities with issues related to the content of the public files. A station also is required to include in the online public file the station's address and telephone number, and the email address of the station's designated contact for questions about the public file. ( 3 ) The Commission will automatically link the following items to the electronic version of all licensee and applicant public inspection files, to the extent that the Commission has these items electronically: authorizations, applications, contour maps; ownership reports and related materials; portions of the Equal Employment Opportunity file held by the Commission; “The Public and Broadcasting”; Letters of Inquiry and other investigative information requests from the Commission, unless otherwise directed by the inquiry itself; Children's television programming reports; and DTV transition education reports. In the event that the online public file does not reflect such required information, the licensee will be responsible for posting such material. ( c ) Access to material in the file. For any applicant described in paragraph (b)(1) of this section that does not include all material described in paragraph (e) of this section in the online public file hosted by the Commission, the portion of the file that is not included in the online public file shall be available for public inspection at any time during regular business hours at an accessible place in the community of license. The applicant must provide information regarding the location of the file, or the applicable portion of the file, within one business day of a request for such information. All or part of the file may be maintained in a computer database, as long as a computer terminal is made available, at the location of the file, to members of the public who wish to review the file. Material in the public inspection file shall be made available for printing or machine reproduction upon request made in person. The applicant may specify the location for printing or reproduction, require the requesting party to pay the reasonable cost thereof, and may require guarantee of payment in advance (e.g., by requiring a deposit, obtaining credit card information, or any other reasonable method). Requests for copies shall be fulfilled within a reasonable period of time, which generally should not exceed 7 days. ( d ) Responsibility in case of assignment or transfer. ( 1 ) In cases involving applications for consent to assignment of broadcast station construction permits or licenses, with respect to which public notice is required to be given under the provisions of § 73.3580 or § 73.3594 , the file mentioned in paragraph (a) of this section shall be maintained by the assignor. If the assignment is consented to by the FCC and consummated, the assignee shall maintain the file commencing with the date on which notice of the consummation of the assignment is filed with the FCC. The assignee shall retain public file documents obtained from the assignor for the period required under these rules. ( 2 ) In cases involving applications for consent to transfer of control of a permittee or licensee of a broadcast station, the file mentioned in paragraph (a) of this section shall be maintained by the permittee or licensee. ( e ) Contents of the file. The material to be retained in the public inspection file is as follows: ( 1 ) Authorization. A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any related materials shall be placed in the file. ( 2 ) Applications and related materials. A copy of any application tendered for filing with the FCC, together with all related material, and copies of Initial Decisions and Final Decisions in hearing cases pertaining thereto. If petitions to deny are filed against the application and have been served on the applicant, a statement that such a petition has been filed shall be maintained in the file together with the name and address of the party filing the petition. Applications shall be retained in the public inspection file until final action has been taken on the application, except that applications for a new construction permit granted pursuant to a waiver showing and applications for assignment or transfer of license granted pursuant to a waiver showing shall be retained for as long as the waiver is in effect. In addition, license renewal applications granted on a short-term basis shall be retained until final action has been taken on the license renewal application filed immediately following the shortened license term. ( 3 ) ( i ) Citizen agreements. A copy of every written citizen agreement. These agreements shall be retained for the term of the agreement, including any renewal or extension thereof. ( ii ) For purposes of this section, a citizen agreement is a written agreement between a broadcast applicant, permittee, or licensee, and one or more citizens or citizen groups, entered for primarily noncommercial purposes. This definition includes those agreements that deal with goals or proposed practices directly or indirectly affecting station operations in the public interest, in areas such as—but not limited to—programming and employment. It excludes common commercial agreements such as advertising contracts; union, employment, and personal services contracts; network affiliation, syndication, program supply contracts, etc. However, the mere inclusion of commercial terms in a primarily noncommercial agreement—such as a provision for payment of fees for future services of the citizen-parties (see “Report and Order,” Docket 19518, 57 FCC 2d 494 (1976))—would not cause the agreement to be considered commercial for purposes of this section. ( 4 ) Contour maps. A copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or transmitter location (State, county, city, street address, or other identifying information). These documents shall be retained for as long as they reflect current, accurate information regarding the station. ( 5 ) Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material. These materials shall be retained until a new, complete ownership report is filed with the FCC, at which time a copy of the new report and any related materials shall be placed in the file. The permittee or licensee must retain in the public file either a copy of the station documents listed in § 73.3613(a) through (c) or an up-to-date list of such documents. If the permittee or licensee elects to maintain an up-to-date list of such documents, the list must include all the information that the permittee or licensee is required to provide on ownership reports for each document, including, but not limited to, a description of the document, the parties to the document, the month and year of execution, the month and year of expiration, and the document type (e.g., network affiliation agreement, articles of incorporation, bylaws, management consultant agreement with independent contractor). Regardless of which of these two options the permittee or licensee chooses, it must update the inventory of § 73.3613 documents in the public file to reflect newly executed § 73.3613 documents, amendments, supplements, and cancellations within 30 days of execution thereof. Licensees and permittees that choose to retain a list of § 73.3613 documents must provide a copy of any § 73.3613 document(s) to requesting parties within 7 days. In maintaining copies of such documents in the public file or providing copies upon request, confidential or proprietary information may be redacted where appropriate. ( 6 ) Political file. Such records as are required by § 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be retained for the period specified in § 73.1943 (2 years). ( 7 ) Equal Employment Opportunity file. Such information as is required by § 73.2080 to be kept in the public inspection file. These materials shall be retained until final action has been taken on the station's next license renewal application. ( 8 ) The public and broadcasting. At all times, a copy of the most recent version of the manual entitled “The Public and Broadcasting.” ( 9 ) [Reserved] ( 10 ) Material relating to FCC investigation or complaint. Material having a substantial bearing on a matter which is the subject of an FCC investigation or complaint to the FCC of which the applicant, permittee, or licensee has been advised. This material shall be retained until the applicant, permittee, or licensee is notified in writing that the material may be discarded. ( 11 ) ( i ) TV issues/programs lists. For commercial TV and Class A broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October—December, April 10 for the quarter January—March, etc.) The list shall include a brief narrative describing what issues were given significant treatment and the programming that provided this treatment. The description of the programs shall include, but shall not be limited to, the time, date, duration, and title of each program in which the issue was treated. The lists described in this paragraph shall be retained in the public inspection file until final action has been taken on the station's next license renewal application. ( ii ) Records concerning commercial limits. For commercial TV and Class A TV broadcast stations, records sufficient to permit substantiation of the station's certification, in its license renewal application, of compliance with the commercial limits on children's programming established in 47 U.S.C. 303a and § 73.670 . The records for each calendar year must be filed by the thirtieth day of the succeeding calendar year. These records shall be retained until final action has been taken on the station's next license renewal application. ( iii ) Children's television programming reports. For commercial TV broadcast stations on an annual basis, a completed Children's Television Programming Report (“Report”), on FCC Form 2100 Schedule H, reflecting efforts made by the licensee during the preceding year to serve the educational and informational needs of children. The Report is to be electronically filed with the Commission by the thirtieth (30) day of the succeeding calendar year. A copy of the Report will also be linked to the station's online public inspection file by the FCC. The Report shall identify the licensee's educational and informational programming efforts, including programs aired by the station that are specifically designed to serve the educational and informational needs of children. The Report shall include the name of the individual at the station responsible for collecting comments on the station's compliance with the Children's Television Act, and it shall be separated from other materials in the public inspection file. These Reports shall be retained in the public inspection file until final action has been taken on the station's next license renewal application. ( 12 ) Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October—December, April 10 for the quarter January—March, etc.). The list shall include a brief narrative describing what issues were given significant treatment and the programming that provided this treatment. The description of the programs shall include, but shall not be limited to, the time, date, duration, and title of each program in which the issue was treated. The lists described in this paragraph shall be retained in the public inspection file until final action has been taken on the station's next license renewal application. ( 13 ) Local public notice announcements. Each applicant for renewal of license shall, within 7 days of the last day of broadcast of the local public notice of filing announcements required pursuant to § 73.3580(c)(3) , place in the station's online public inspection file a statement certifying compliance with this paragraph (e)(13) . The dates and times that the on-air announcements were broadcast shall be made part of the certifying statement. The certifying statement shall be retained in the public file for the period specified in § 73.3580(e)(2) (for as long as the application to which it refers). ( 14 ) Radio and television time brokerage agreements. For commercial radio and television stations, a copy of every agreement or contract involving time brokerage of the licensee's station or of another station by the licensee, whether the agreement involves stations in the same markets or in differing markets, with confidential or proprietary information redacted where appropriate. These agreements shall be placed in the public file within 30 days of execution and retained in the file as long as the contract or agreement is in force. ( 15 ) Must-carry or retransmission consent election. Statements of a commercial television or Class A television station's election with respect to either must-carry or re-transmission consent, as defined in §§ 76.64 and 76.1608 of this chapter . These records shall be retained for the duration of the three year election period to which the statement applies. Commercial television stations shall, no later than July 31, 2020, provide an up-to-date email address and phone number for carriage-related questions and respond as soon as is reasonably possible to messages or calls from multichannel video programming distributors (MVPDs). Each commercial television station is responsible for the continuing accuracy and completeness of the information furnished. ( 16 ) Radio and television joint sales agreements. For commercial radio and commercial television stations, a copy of agreement for the joint sale of advertising time involving the station, whether the agreement involves stations in the same markets or in differing markets, with confidential or proprietary information redacted where appropriate. These agreements shall be placed in the public file within 30 days of execution and retained in the file as long as the contract or agreement is in force. ( 17 ) Class A TV continuing eligibility. Documentation sufficient to demonstrate that the Class A television station is continuing to meet the eligibility requirements set forth at § 73.6001 . ( 18 ) Shared service agreements. For commercial television stations, a copy of every Shared Service Agreement for the station (with the substance of oral agreements reported in writing), regardless of whether the agreement involves commercial television stations in the same market or in different markets, with confidential or proprietary information redacted where appropriate. For purposes of this paragraph, a Shared Service Agreement is any agreement or series of agreements in which: ( 1 ) A station provides any station-related services, including, but not limited to, administrative, technical, sales, and/or programming support, to a station that is not directly or indirectly under common de jure control permitted under the Commission's regulations; or ( 2 ) Stations that are not directly or indirectly under common de jure control permitted under the Commission's regulations collaborate to provide or enable the provision of station-related services, including, but not limited to, administrative, technical, sales, and/or programming support, to one or more of the collaborating stations. For purposes of this paragraph, the term “station” includes the licensee, including any subsidiaries and affiliates, and any other individual or entity with an attributable interest in the station. (19) Foreign sponsorship disclosures. Documentation sufficient to demonstrate that the station is continuing to meet the requirements set forth at § 73.1212(j)(7) . ( f ) ( 1 ) For purposes of this section, action taken on an application tendered with the FCC becomes final when that action is no longer subject to reconsideration, review, or appeal either at the FCC or in the courts. ( 2 ) For purposes of this section, the term “all related material” includes all exhibits, letters, and other documents tendered for filing with the FCC as part of an application, report, or other document, all amendments to the application, report, or other document, copies of all documents incorporated therein by reference and not already maintained in the public inspection file, and all correspondence between the FCC and the applicant pertaining to the application, report, or other document, which according to the provisions of §§ 0.451 through 0.461 of this chapter are open for public inspection at the offices of the FCC. [ 63 FR 49497 , Sept. 16, 1998] Editorial Note Editorial Note: For Federal Register citations affecting § 73.3526 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.3527 Online public inspection file of noncommercial educational stations. ( a ) Responsibility to maintain a file. The following shall maintain for public inspection a file containing the material set forth in this section. ( 1 ) Applicants for a construction permit for a new station in the noncommercial educational broadcast services shall maintain a public inspection file containing the material, relating to that station, described in paragraph (e)(2) and (e)(11) of this section. A separate file shall be maintained for each station for which an application is pending. If the application is granted, paragraph (a)(2) of this section shall apply. ( 2 ) Every permittee or licensee of an AM, FM, or TV station in the noncommercial educational broadcast services shall maintain a public inspection file containing the material, relating to that station, described in paragraphs (e)(1) through (e)(11) of this section. In addition, every permittee or licensee of a noncommercial educational TV station shall maintain for public inspection a file containing material, relating to that station, described in paragraphs (e)(12) of this section. A separate file shall be maintained for each station for which an authorization is outstanding, and the file shall be maintained so long as an authorization to operate the station is outstanding. ( b ) Location of the file. The public inspection file shall be located as follows: ( 1 ) An applicant for a new station or change of community shall maintain its file at an accessible place in the proposed community of license. ( 2 ) ( i ) A noncommercial educational television or radio station licensee or applicant shall place the contents required by paragraph (e) of this section of its public inspection file in the online public file hosted by the Commission. ( ii ) A station must provide a link to the online public inspection file hosted by the Commission from the home page of its own website, if the station has a website, and provide contact information for a station representative on its website that can assist any person with disabilities with issues related to the content of the public files. A station also is required to include in the online public file hosted by the Commission the station's address and telephone number, and the email address of the station's designated contact for questions about the public file. ( 3 ) The Commission will automatically link the following items to the electronic version of all licensee and applicant public inspection files, to the extent that the Commission has these items electronically: Authorizations; applications; contour maps; ownership reports and related materials; portions of the Equal Employment Opportunity file held by the Commission; and “The Public and Broadcasting”. ( c ) Access to material in the file. For any applicant described in paragraph (b)(1) of this section that does not include all material described in paragraph (e) of this section in the online public file hosted by the Commission, the portion of the file that is not included in the online public file shall be available for public inspection at any time during regular business hours at an accessible place in the community of license. The applicant must provide information regarding the location of the file, or the applicable portion of the file, within one business day of a request for such information. All or part of the file may be maintained in a computer database, as long as a computer terminal is made available, at the location of the file, to members of the public who wish to review the file. Material in the public inspection file shall be made available for printing or machine reproduction upon request made in person. The applicant may specify the location for printing or reproduction, require the requesting party to pay the reasonable cost thereof, and may require guarantee of payment in advance (e.g., by requiring a deposit, obtaining credit card information, or any other reasonable method). Requests for copies shall be fulfilled within a reasonable period of time, which generally should not exceed 7 days. ( d ) Responsibility in case of assignment or transfer. ( 1 ) In cases involving applications for consent to assignment of broadcast station construction permits or licenses, with respect to which public notice is required to be given under the provisions of § 73.3580 or § 73.3594 , the file mentioned in paragraph (a) of this section shall be maintained by the assignor. If the assignment is consented to by the FCC and consummated, the assignee shall maintain the file commencing with the date on which notice of the consummation of the assignment is filed with the FCC. The assignee shall retain public file documents obtained from the assignor for the period required under these rules. ( 2 ) In cases involving applications for consent to transfer of control of a permittee or licensee of a broadcast station, the file mentioned in paragraph (a) of this section shall be maintained by the permittee or licensee. ( e ) Contents of the file. The material to be retained in the public inspection file is as follows: ( 1 ) Authorization. A copy of the current FCC authorization to construct or operate the station, as well as any other documents necessary to reflect any modifications thereto or any conditions that the FCC has placed on the authorization. These materials shall be retained until replaced by a new authorization, at which time a copy of the new authorization and any related materials shall be placed in the file. ( 2 ) Applications and related materials. A copy of any application tendered for filing with the FCC, together with all related material, including supporting documentation of any points claimed in the application pursuant to § 73.7003 , and copies of FCC decisions pertaining thereto. If petitions to deny are filed against the application and have been served on the applicant, a statement that such a petition has been filed shall be maintained in the file together with the name and address of the party filing the petition. Applications shall be retained in the public inspection file until final action has been taken on the application, except that applications for a new construction permit granted pursuant to a waiver showing and applications for assignment or transfer of license granted pursuant to a waiver showing shall be retained for as long as the waiver is in effect. In addition, license renewal applications granted on a short-term basis shall be retained until final action has been taken on the license renewal application filed immediately following the shortened license term. ( 3 ) Contour maps. A copy of any service contour maps, submitted with any application tendered for filing with the FCC, together with any other information in the application showing service contours and/or transmitter location (State, county, city, street address, or other identifying information). These documents shall be retained for as long as they reflect current, accurate information regarding the station. ( 4 ) Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station, together with any subsequent statement filed with the FCC certifying that the current report is accurate, and together with all related material. These materials shall be retained until a new, complete ownership report is filed with the FCC, at which time a copy of the new report and any related materials shall be placed in the file. The permittee or licensee must retain in the public file either a copy of the station documents listed in § 73.3613(a) through (c) or an up-to-date list of such documents. If the permittee or licensee elects to maintain an up-to-date list of such documents, the list must include all the information that the permittee or licensee is required to provide on ownership reports for each document, including, but not limited to, a description of the document, the parties to the document, the month and year of execution, the month and year of expiration, and the document type (e.g., network affiliation agreement, articles of incorporation, bylaws, management consultant agreement with independent contractor). Regardless of which of these two options the permittee or licensee chooses, it must update the inventory of § 73.3613 documents in the public file to reflect newly executed § 73.3613 documents, amendments, supplements, and cancellations within 30 days of execution thereof. Licensees and permittees that choose to maintain a list of § 73.3613 documents must provide a copy of any § 73.3613 document(s) to requesting parties within 7 days. In maintaining copies of such documents in the public file or providing copies upon request, confidential or proprietary information may be redacted where appropriate. ( 5 ) Political file. Such records as are required by § 73.1943 to be kept concerning broadcasts by candidates for public office. These records shall be retained for the period specified in § 73.1943 (2 years). ( 6 ) Equal Employment Opportunity file. Such information as is required by § 73.2080 to be kept in the public inspection file. These materials shall be retained until final action has been taken on the station's next license renewal application. ( 7 ) The Public and Broadcasting. At all times, a copy of the most recent version of the manual entitled “The Public and Broadcasting.” ( 8 ) Issues/Programs lists. For nonexempt noncommercial educational broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period. The list for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for the quarter January-March, etc.). The list shall include a brief narrative describing what issues were given significant treatment and the programming that provided this treatment. The description of the programs shall include, but shall not be limited to, the time, date, duration, and title of each program in which the issue was treated. For the purposes of this section, exempt applicants, permittees, or licensees include those whose existing or prospective facilities are Class D FM stations or whose programming is wholly “Instructional”. ( 9 ) Donor lists. The lists of donors supporting specific programs. These lists shall be retained for two years from the date of the broadcast of the specific program supported. ( 10 ) Local public notice announcements. Each applicant for renewal of license shall, within 7 days of the last day of broadcast of the local public notice of filing announcements required pursuant to § 73.3580(c)(3) , place in the station's online public inspection file a statement certifying compliance with this paragraph (e)(10) . The dates and times that the on-air announcements were broadcast shall be made part of the certifying statement. The certifying statement shall be retained in the public file for the period specified in § 73.3580(e)(2) (for as long as the application to which it refers). ( 11 ) Material relating to FCC investigation or complaint. Material having a substantial bearing on a matter which is the subject of an FCC investigation or complaint to the FCC of which the applicant, permittee, or licensee has been advised. This material shall be retained until the applicant, permittee, or licensee is notified in writing that the material may be discarded. ( 12 ) Must-carry requests. Noncommercial television stations shall, no later than July 31, 2020, provide an up-to-date email address and phone number for carriage-related questions and respond as soon as is reasonably possible to messages or calls from multichannel video programming distributors (MVPDs). Each noncommercial television station is responsible for the continuing accuracy and completeness of the information furnished. Any such station requesting mandatory carriage pursuant to part 76 of this chapter shall place a copy of such request in its public file and shall retain both the request and relevant correspondence for the duration of any period to which the request applies. ( 13 ) [Reserved] ( 14 ) Information on Third-Party Fundraising. For noncommercial educational broadcast stations that interrupt regular programming to conduct fundraising activities on behalf of a third-party non-profit organization pursuant to § 73.503(e) (FM stations) or § 73.621(f) (television stations), every three months, the following information for each third-party fundraising program or activity: The date, time, and duration of the fundraiser; the type of fundraising activity; the name of the non-profit organization benefitted by the fundraiser; a brief description of the specific cause or project, if any, supported by the fundraiser; and, to the extent that the station participated in tallying or receiving any funds for the non-profit group, an approximation of the total funds raised. The information for each calendar quarter is to be filed by the tenth day of the succeeding calendar quarter (e.g., January 10 for the quarter October-December, April 10 for the quarter January-March, etc.). ( 15 ) Foreign sponsorship disclosures. Documentation sufficient to demonstrate that the station is continuing to meet the requirements set forth at § 73.1212(j)(7) . ( f ) ( 1 ) For purposes of this section, a decision made with respect to an application tendered with the FCC becomes final when that decision is no longer subject to reconsideration, review, or appeal either at the FCC or in the courts. ( 2 ) For purposes of this section, the term “all related material” includes all exhibits, letters, and other documents tendered for filing with the FCC as part of an application, report, or other document, all amendments to the application, report, or other document, copies of all documents incorporated therein by reference and not already maintained in the public inspection file, and all correspondence between the FCC and the applicant pertaining to the application, report, or other document, which according to the provisions of §§ 0.451 through 0.461 of this chapter are open for public inspection at the offices of the FCC. [ 63 FR 49499 , Sept. 16, 1998] Editorial Note Editorial Note: For Federal Register citations affecting § 73.3527 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 73.3533 Application for construction permit or modification of construction permit. ( a ) Application for construction permit, or modification of a construction permit, for a new facility or change in an existing facility is to be made on the following forms: ( 1 ) FCC Form 2100, Schedule A (TV); FCC Form 2100, Schedule 301-FM (FM), FCC Form 2100, Schedule 301-AM (AM), “Application for Authority to Construct or Make Changes in an Existing Commercial Broadcast Station.” ( 2 ) FCC Form 309, “Application for Authority to Construct or Make Changes in an Existing International or Experimental Broadcast Stations.” For International Broadcast Stations, applications shall be filed electronically in the International Communications Filing System (ICFS). ( 3 ) [Reserved] ( 4 ) FCC Form 2100, Schedule A (TV); FCC Form 2100, Schedule 340 (FM), “Application for Authority to Construct or Make Changes in a Noncommercial Educational Broadcast Station.” ( 5 ) FCC Form 2100, Schedule C, “Application for Authority to Construct or Make Changes in a Low Power TV or TV Translator Station.” ( 6 ) FCC Form 2100, Schedule 349, “Application for Authority to Construct or Make Changes in an FM Translator or FM Booster Station.” ( 7 ) FCC Form 2100, Schedule 318, “Application for Construction Permit for a Low Power FM Broadcast Station.” ( 8 ) FCC Form 2100, Schedule E, “Application for Authority to Make Changes in a Class A TV Station.” ( b ) The filing of an application for modification of construction permit does not extend the expiration date of the construction permit. ( c ) In each application referred to in paragraph (a) of this section, the applicant will provide the Antenna Structure Registration Number (FCC Form 854R) of the antenna structure upon which it will locate its proposed antenna. In the event the antenna structure does not already have a Registration Number, either the antenna structure owner shall file FCC Form 854 (“Application for Antenna Structure Registration”) in accordance with part 17 of this chapter or the applicant shall provide a detailed explanation why registration and clearance of the antenna structure is not necessary. [ 44 FR 38494 , July 2, 1979, as amended at 47 FR 28388 , June 30, 1982; 49 FR 32582 , Aug. 15, 1984; 50 FR 40016 , Oct. 1, 1985; 53 FR 36788 , Sept. 22, 1988; 61 FR 4367 , Feb. 6, 1996; 65 FR 7648 , Feb. 15, 2000; 68 FR 12761 , Mar. 17, 2003; 69 FR 72043 , Dec. 10, 2004; 86 FR 54401 , Oct. 1, 2021; 88 FR 21447 , Apr. 10, 2023; 89 FR 7259 , Feb. 1, 2024] § 73.3534 [Reserved] § 73.3536 Application for license to cover construction permit. ( a ) The application for station license shall be filed by the permittee pursuant to the requirements of § 73.1620 Program tests. ( b ) The following application forms shall be used: ( 1 ) ( i ) Form 2100, Schedule 302-AM for AM stations, “Application for AM Station License.” ( ii ) Form 2100, Schedule 302-FM for FM stations, “Application for FM Station License.” ( iii ) Form 2100, Schedule B for television stations, “Application for TV Station Broadcast License.” ( 2 ) FCC Form 310, “Application for an International or Experimental Broadcast Station License.” ( 3 ) [Reserved] ( 4 ) FCC Form 2100, Schedule D, “Application for a Low Power TV or TV Translator Station License.” ( 5 ) FCC Form 2100, Schedule 350, “Application for an FM Translator or FM Booster Station License.” ( 6 ) FCC Form 2100, Schedule 319, “Application for a Low Power FM Broadcast Station License.” ( c ) Eligible low power television stations which have been granted a certificate of eligibility may file FCC Form 2100, Schedule F, “Application for Class A Television Broadcast Station License.” [ 44 FR 38495 , July 2, 1979, as amended at 49 FR 32582 , Aug. 15, 1984; 50 FR 40016 , Oct. 1, 1985; 51 FR 18451 , May 20, 1986; 51 FR 32088 , Sept. 9, 1986; 52 FR 31400 , Aug. 20, 1987; 53 FR 36788 , Sept. 22, 1988; 62 FR 51063 , Sept. 30, 1997; 65 FR 7648 , Feb. 15, 2000; 65 FR 30007 , May 10, 2000; 68 FR 12761 , Mar. 17, 2003; 69 FR 72043 , Dec. 10, 2004; 89 FR 7259 , Feb. 1, 2024] § 73.3537 Application for license to use former main antenna as an auxiliary. See § 73.1675 , Auxiliary facility. [ 62 FR 51063 , Sept. 30, 1997] § 73.3538 Application to make changes in an existing station. Where prior authority is required from the FCC to make changes in an existing station, the following procedures shall be used to request that authority: ( a ) An application for construction permit using the forms listed in § 73.3533 must be filed for authority to: ( 1 ) Make any of the changes listed in § 73.1690(b) . ( 2 ) Change the hours of operation of an AM station, where the hours of operation are specified on the license or permit. ( 3 ) Install a transmitter which has not been approved (type accepted) by the FCC for use by licensed broadcast stations. ( 4 ) Any change in the location, height, or directional radiating characteristics of the antenna or antenna system. ( b ) An informal application filed in accordance with § 73.3511 is to be used to obtain authority to modify or discontinue the obstruction marking or lighting of the antenna supporting structure where that specified on the station authorization either differs from that specified in 47 CFR part 17 , or is not appropriate for other reasons. [ 44 FR 38495 , July 2, 1979, as amended at 44 FR 69935 , Dec. 5, 1979; 49 FR 4000 , Feb. 1, 1984; 52 FR 21685 , June 9, 1987; 62 FR 51063 , Sept. 30, 1997; 66 FR 20758 , Apr. 25, 2001; 82 FR 57884 , Dec. 8, 2017] § 73.3539 Application for renewal of license. ( a ) Unless otherwise directed by the FCC, an application for renewal of license shall be filed not later than the first day of the fourth full calendar month prior to the expiration date of the license sought to be renewed, except that applications for renewal of license of an experimental broadcast station shall be filed not later than the first day of the second full calendar month prior to the expiration date of the license sought to be renewed. If any deadline prescribed in this paragraph falls on a nonbusiness day, the cutoff shall be the close of business of the first full business day thereafter. For International Broadcast Stations, applications shall be filed electronically in the International Communications Filing System (ICFS). ( b ) No application for renewal of license of any broadcast station will be considered unless there is on file with the FCC the information currently required by §§ 73.3612 through 73.3615 , inclusive, for the particular class of station. ( c ) Whenever the FCC regards an application for a renewal of license as essential to the proper conduct of a hearing or investigation, and specifically directs that it be filed by a date certain, such application shall be filed within the time thus specified. If the licensee fails to file such application within the prescribed time, the hearing or investigation shall proceed as if such renewal application had been received. ( d ) Renewal application forms titles and numbers are listed in § 73.3500 , Application and Report Forms. [ 44 FR 38495 , July 2, 1979, as amended at 47 FR 28388 , June 30, 1982; 49 FR 32582 , Aug. 15, 1984; 86 FR 54401 , Oct. 1, 2021; 88 FR 3539 , Apr. 10, 2023] § 73.3540 Application for voluntary assignment or transfer of control. ( a ) Prior consent of the FCC must be obtained for a voluntary assignment or transfer of control. ( b ) Application should be filed with the FCC at least 45 days prior to the contemplated effective date of assignment or transfer of control. ( c ) Application for consent to the assignment of construction permit or license must be filed on FCC Form 2100 Schedule 314 “Assignment of License or Construction Permit” or FCC Form 2100 Schedule 316 (See paragraph (f) of this section). For International Broadcast Stations, the application shall be filed electronically in the International Communications Filing System (ICFS). ( d ) Application for consent to the transfer of control of an entity holding a construction permit or license must be filed on FCC Form 2100 Schedule 315 “Transfer of Control” or FCC Form 2100 Schedule 316 (see paragraph (f) of this section). For International Broadcast Stations, applications shall be filed electronically in ICFS. ( e ) Application for consent to the assignment of construction permit or license or to the transfer of control of an entity licensee or permittee for an FM or TV translator station, a low power TV station and any associated auxiliary station, such as translator microwave relay stations and UHF translator booster stations, only must be filed on FCC Form 2100 Schedule 345 “Application for Consent to Assign Construction Permit or License for TV or FM Translator or Low Power TV Station or to Transfer Control of Entity Holding TV or FM Translator, or a Low Power TV Station.” ( f ) The following assignment or transfer applications may be filed on FCC Form 2100 Schedule 316: ( 1 ) Assignment from an individual or individuals (including partnerships) to a corporation owned and controlled by such individuals or partnerships without any substantial change in their relative interests; ( 2 ) Assignment from a corporation to its individual stockholders without effecting any substantial change in the disposition of their interests; ( 3 ) Assignment or transfer by which certain stockholders retire and the interest transferred is not a controlling one; ( 4 ) Corporate reorganization which involves no substantial change in the beneficial ownership of the corporation; ( 5 ) Assignment or transfer from a corporation to a wholly owned subsidiary thereof or vice versa, or where there is an assignment from a corporation to a corporation owned or controlled by the assignor stockholders without substantial change in their interests; or ( 6 ) Assignment of less than a controlling interest in a partnership. [ 44 FR 38496 , July 2, 1979, as amended at 48 FR 21486 , May 12, 1983; 49 FR 47843 , Dec. 7, 1984; 50 FR 32416 , Aug. 12, 1985; 86 FR 54402 , Oct. 1, 2021; 88 FR 21448 , Apr. 10, 2023; 89 FR 7259 , Feb. 1, 2024] § 73.3541 Application for involuntary assignment of license or transfer of control. ( a ) The FCC shall be notified in writing promptly of the death or legal disability of an individual permittee or licensee, a member of a partnership, or a person directly or indirectly in control of a corporation which is a permittee or licensee. ( b ) Within 30 days after the occurrence of such death or legal disability, an application on FCC Form 2100 Schedule 316 shall be filed requesting consent to involuntary assignment of such permit or license or for involuntary transfer of control of the entity holding such permit or license, to a person or entity legally qualified to succeed to the foregoing interests under the laws of the place having jurisdiction over the estate involved. [ 44 FR 38496 , July 2, 1979, as amended at 89 FR 7259 , Feb. 1, 2024] § 73.3542 Application for emergency authorization. ( a ) Authority may be granted, on a temporary basis, in extraordinary circumstances requiring emergency operation to serve the public interest. such situations include: emergencies involving danger to life and property; a national emergency proclaimed by the President or the Congress of the U.S.A and; the continuance of any war in which the United States is engaged, and where such action is necessary for the national defense or security or otherwise in furtherance of the war effort. ( 1 ) An informal application may be used. The FCC may grant such construction permits, station licenses, modifications or renewals thereof, without the filing of a formal application. ( 2 ) No authorization so granted shall continue to be effective beyond the period of the emergency or war requiring it. ( 3 ) Each individual request submitted under the provisions of this paragraph shall contain, as a minimum requirement, the following information: ( i ) Name and address of applicant. ( ii ) Location of proposed installation or operation. ( iii ) Official call letters of any valid station authorization already held by applicant and the station location. ( iv ) Type of service desired (not required for renewal or modification unless class of station is to be modified). ( v ) Frequency assignment, authorized transmitter power(s), authorized class(es) of emission desired (not required for renewal; required for modification only to the extent such information may be involved). ( vi ) Equipment to be used, specifying the manufacturer and type or model number (not required for renewal; required for modification only to the extent such information may be involved). ( vii ) Statements to the extent necessary for the FCC to determine whether or not the granting of the desired authorization will be in accordance with the citizenship eligibility requirements of section 310 of the Cummunications Act. ( viii ) Statement of facts which, in the opinion of the applicant, constitute an emergency to be found by the FCC for the purpose of this section. This statement must also include the estimated duration of the emergency and if during an emergency or war declared by the President or Congress, why such action, without formal application, is necessary for the national defense or security or in furtherance of the war effort. ( b ) Emergency operating authority issued under this section may be cancelled or modified by the FCC without prior notice or right to hearing. See also § 73.1250 , Broadcasting Emergency Information, for situations in which emergency operation may be conducted without prior authorization, and § 73.1635 , Special Temporary Authorization (STA), for temporary operating authorizations necessitated by circumstances not within the ambit of this section. [ 50 FR 30948 , July 31, 1985, as amended at 63 FR 33878 , June 22, 1998] § 73.3544 Application to obtain a modified station license. Where prior authority from the FCC is not required to make certain changes in the station authorization or facilities, but a modified station license must be obtained, the following procedures shall be used to obtain modification of the station license: ( a ) The changes specified in § 73.1690(c) may be made by the filing of a license application using the forms listed in § 73.3536(b)(1) . ( b ) An electronic filing via LMS of an Administrative Update, see § 73.3511(b) , may be filed with the FCC, to cover the following changes: ( 1 ) A correction of the routing instructions and description of an AM station directional antenna system field monitoring point, when the point itself is not changed. ( 2 ) A change in the type of AM station directional antenna monitor. See § 73.69 . ( 3 ) The location of a remote control point of an AM or FM station when prior authority to operate by remote control is not required. ( c ) A change in the name of the licensee where no change in ownership or control is involved may be accomplished by electronically filing via LMS an Administrative Update. [ 44 FR 38497 , July 2, 1979, as amended at 45 FR 20483 , Mar. 28, 1980; 50 FR 32416 , Aug. 12, 1985; 62 FR 51063 , Sept. 30, 1997; 63 FR 33878 , June 22, 1998; 67 FR 13232 , Mar. 21, 2002; 82 FR 57884 , Dec. 8, 2017; 89 FR 7259 , Feb. 1, 2024] § 73.3545 Application for permit to deliver programs to foreign stations. Application under section 325(c) of the Communications Act for authority to locate, use, or maintain a broadcast studio in connection with a foreign station consistently received in the United States, should be made on FCC Form 308, “Application for Permit to Deliver Programs to Foreign Broadcast Stations.” An informal application may be used by applicants holding an AM, FM or TV broadcast station license or construction permit. Informal applications must, however, contain a description of the nature and character of the programming proposed, together with other information requested on Page 4 of Form 308. All applications must be filed electronically in the International Communications Filing System (ICFS). [ 86 FR 54402 , Oct. 1, 2021, as amended at 88 FR 21448 , Apr. 10, 2023] § 73.3549 Requests for extension of time to operate without required monitors, indicating instruments, and EAS encoders and decoders. Requests for extension of authority to operate without required monitors, transmission system indicating instruments, or encoders and decoders for monitoring and generating the EAS codes and Attention Signal should be made to the FCC by electronically filing an STA via LMS. Such requests must contain information as to when and what steps were taken to repair or replace the defective equipment and a brief description of the alternative procedures being used while the equipment is out of service. [ 89 FR 7260 , Feb. 1, 2024] § 73.3550 Requests for new or modified call sign assignments. ( a ) All requests for new or modified call sign assignments for radio and television broadcast stations shall be made via LMS with the FCC. Licensees and permittees may utilize LMS to determine the availability and licensing status of any call sign; to select an initial call sign for a new station; to change a station's currently assigned call sign; to modify an existing call sign by adding or deleting an “-FM,” “-TV,” or “-DT” suffix; to exchange call signs with another licensee or permittee in the same service; or to reserve a different call sign for a station being transferred or assigned. ( b ) No request for an initial call sign assignment will be accepted from a permittee for a new radio or full-service television station until the FCC has granted a construction permit. Each such permittee shall request the assignment of its station's initial call sign expeditiously following the grant of its construction permit. All initial construction permits for low power TV stations will be issued with a low power TV call sign in accordance with § 74.791(a) of this chapter . ( c ) Following the filing of a transfer or assignment application, the proposed assignee/transferee may request a new call sign for the station whose license or construction permit is being transferred or assigned. No change in call sign assignment will be effective until such transfer or assignment application is granted by the FCC and notification of consummation of the transaction is received by the FCC. ( d ) Where an application is granted by the FCC for transfer or assignment of the construction permit or license of a station whose existing call sign conforms to that of a commonly-owned station not part of the transaction, the new licensee of the transferred or assigned station shall expeditiously request a different call sign, unless consent to retain the conforming call sign has been obtained from the primary holder and from the licensee of any other station that may be using such conforming call sign. ( e ) Call signs beginning with the letter “K” will not be assigned to stations located east of the Mississippi River, nor will call signs beginning with the letter “W” be assigned to stations located west of the Mississippi River. ( f ) Only four-letter call signs (plus an LP, FM, TV, DT, or CA suffix, if used) will be assigned. The four letter call sign for LPFM stations will be followed by the suffix “-LP.” However, subject to the other provisions of this section, a call sign of a station may be conformed to a commonly owned station holding a three-letter call assignment (plus FM, TV, DT, CA or LP suffixes, if used). ( g ) Subject to the foregoing limitations, applicants may request call signs of their choice if the combination is available. Objections to the assignment of requested call signs will not be entertained at the FCC. However, this does not hamper any party from asserting such rights as it may have under private law in some other forum. Should it be determined by an appropriate forum that a station should not utilize a particular call sign, the initial assignment of a call sign will not serve as a bar to the making of a different assignment. ( h ) Stations in different broadcast services (or operating jointly in the 535-1605 kHz band and in the 1605-1705 kHz band) which are under common control may request that their call signs be conformed by the assignment of the same basic call sign if that call sign is not being used by a non-commonly owned station. For the purposes of this paragraph, 50% or greater common ownership shall constitute a prima facie showing of common control. ( i ) The provisions of this section shall not apply to International broadcast stations or to stations authorized under part 74 of this chapter (except as provided in § 74.791 of this chapter ). ( j ) A change in call sign assignment will be made effective on the date specified in the Call Sign Request Authorization generated by LMS acknowledging the assignment of the requested new call sign and authorizing the change. Unless the requested change in call sign assignment is subject to a pending transfer or assignment application, the requester is required to include in its on-line call sign request a specific effective date to take place within 45 days of the submission of its electronic call sign request. Postponement of the effective date will be granted only in response to a timely request and for only the most compelling reasons. ( k ) Four-letter combinations commencing with “W” or “K” which are assigned as call signs to ships or to other radio services are not available for assignment to broadcast stations, with or without the “-FM,” “-TV,” or “-DT” suffix. ( l ) Users of nonlicensed, low-power devices operating under part 15 of this chapter may use whatever identification is currently desired, so long as propriety is observed and no confusion results with a station for which the FCC issues a license. ( m ) Where a requested call sign, without the “-FM,” “-TV,” “-CA,” “-DT,” or “-LP” suffix, would conform to the call sign of any other non-commonly owned station(s) operating in a different service, an applicant utilizing the on-line reservation and authorization system will be required to certify that consent to use the secondary call sign has been obtained from the holder of the primary call sign. [ 63 FR 71603 , Dec. 29, 1998, as amended at 65 FR 30007 , May 10, 2000; 89 FR 7260 , Feb. 1, 2024] § 73.3555 Multiple ownership. ( a ) ( 1 ) Local radio ownership rule. A person or single entity (or entities under common control) may have a cognizable interest in licenses for AM or FM radio broadcast stations in accordance with the following limits: ( i ) In a radio market with 45 or more full-power, commercial and noncommercial radio stations, not more than 8 commercial radio stations in total and not more than 5 commercial stations in the same service (AM or FM); ( ii ) In a radio market with between 30 and 44 (inclusive) full-power, commercial and noncommercial radio stations, not more than 7 commercial radio stations in total and not more than 4 commercial stations in the same service (AM or FM); ( iii ) In a radio market with between 15 and 29 (inclusive) full-power, commercial and noncommercial radio stations, not more than 6 commercial radio stations in total and not more than 4 commercial stations in the same service (AM or FM); and ( iv ) In a radio market with 14 or fewer full-power, commercial and noncommercial radio stations, not more than 5 commercial radio stations in total and not more than 3 commercial stations in the same service (AM or FM); provided, however, that no person or single entity (or entities under common control) may have a cognizable interest in more than 50% of the full-power, commercial and noncommercial radio stations in such market unless the combination of stations comprises not more than one AM and one FM station. ( 2 ) Overlap between two stations in different services is permissible if neither of those two stations overlaps a third station in the same service. ( b ) Local television multiple ownership rule. ( 1 ) An entity may directly or indirectly own, operate, or control two television stations licensed in the same Designated Market Area (DMA) (as determined by Nielsen Media Research or any successor entity) if: ( i ) The digital noise limited service contours of the stations (computed in accordance with § 73.619(c) ) do not overlap; or ( ii ) At the time the application to acquire or construct the station(s) is filed, at least one of the stations is not ranked among the top four stations in the DMA, based on the Sunday to Saturday, 7AM to 1AM daypart audience share from ratings averaged over a 12-month period immediately preceding the date of application, as measured by Nielsen Media Research or by any comparable professional, accepted audience ratings service. For any station broadcasting multiple programming streams, the audience share of all free-to-consumer non-simulcast multicast programming airing on streams owned, operated, or controlled by a single station shall be aggregated to determine the station's audience share and ranking in a DMA (to the extent that such streams are ranked by Nielsen or a comparable professional, accepted audience ratings service). ( 2 ) Paragraph (b)(1)(ii) of this section (Top-Four Prohibition) shall not apply in cases where, at the request of the applicant, the Commission makes a finding that permitting an entity to directly or indirectly own, operate, or control two television stations licensed in the same DMA would serve the public interest, convenience, and necessity. The Commission will consider showings that the Top-Four Prohibition, including note 11 to this section, should not apply due to specific circumstances in a local market or with respect to a specific transaction on a case-by-case basis. ( c ) - ( d ) [Reserved] ( e ) National television multiple ownership rule. ( 1 ) No license for a commercial television broadcast station shall be granted, transferred or assigned to any party (including all parties under common control) if the grant, transfer or assignment of such license would result in such party or any of its stockholders, partners, members, officers or directors having a cognizable interest in television stations which have an aggregate national audience reach exceeding thirty-nine (39) percent. ( 2 ) For purposes of this paragraph (e) : ( i ) National audience reach means the total number of television households in the Nielsen Designated Market Areas (DMAs) in which the relevant stations are located divided by the total national television households as measured by DMA data at the time of a grant, transfer, or assignment of a license. For purposes of making this calculation, UHF television stations shall be attributed with 50 percent of the television households in their DMA market. ( ii ) No market shall be counted more than once in making this calculation. ( 3 ) Divestiture. A person or entity that exceeds the thirty-nine (39) percent national audience reach limitation for television stations in paragraph (e)(1) of this section through grant, transfer, or assignment of an additional license for a commercial television broadcast station shall have not more than 2 years after exceeding such limitation to come into compliance with such limitation. This divestiture requirement shall not apply to persons or entities that exceed the 39 percent national audience reach limitation through population growth. ( f ) The ownership limits of this section are not applicable to noncommercial educational FM and noncommercial educational TV stations. However, the attribution standards set forth in the Notes to this section will be used to determine attribution for noncommercial educational FM and TV applicants, such as in evaluating mutually exclusive applications pursuant to subpart K of part 73. Note 1 to § 73.3555 : The words “cognizable interest” as used herein include any interest, direct or indirect, that allows a person or entity to own, operate or control, or that otherwise provides an attributable interest in, a broadcast station. Note 2 to § 73.3555 : In applying the provisions of this section, ownership and other interests in broadcast licensees will be attributed to their holders and deemed cognizable pursuant to the following criteria: a. Except as otherwise provided herein, partnership and direct ownership interests and any voting stock interest amounting to 5% or more of the outstanding voting stock of a corporate broadcast licensee will be cognizable; b. Investment companies, as defined in 15 U.S.C. 80a-3 , insurance companies and banks holding stock through their trust departments in trust accounts will be considered to have a cognizable interest only if they hold 20% or more of the outstanding voting stock of a corporate broadcast licensee, or if any of the officers or directors of the broadcast licensee are representatives of the investment company, insurance company or bank concerned. Holdings by a bank or insurance company will be aggregated if the bank or insurance company has any right to determine how the stock will be voted. Holdings by investment companies will be aggregated if under common management. c. Attribution of ownership interests in a broadcast licensee that are held indirectly by any party through one or more intervening corporations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, except that wherever the ownership percentage for any link in the chain exceeds 50%, it shall not be included for purposes of this multiplication. For purposes of paragraph i. of this note, attribution of ownership interests in a broadcast licensee that are held indirectly by any party through one or more intervening organizations will be determined by successive multiplication of the ownership percentages for each link in the vertical ownership chain and application of the relevant attribution benchmark to the resulting product, and the ownership percentage for any link in the chain that exceeds 50% shall be included for purposes of this multiplication. [For example, except for purposes of paragraph (i) of this note, if A owns 10% of company X, which owns 60% of company Y, which owns 25% of “Licensee,” then X's interest in “Licensee” would be 25% (the same as Y's interest because X's interest in Y exceeds 50%), and A's interest in “Licensee” would be 2.5% (0.1 × 0.25). Under the 5% attribution benchmark, X's interest in “Licensee” would be cognizable, while A's interest would not be cognizable. For purposes of paragraph i. of this note, X's interest in “Licensee” would be 15% (0.6 × 0.25) and A's interest in “Licensee” would be 1.5% (0.1 × 0.6 × 0.25). Neither interest would be attributed under paragraph i. of this note.] d. Voting stock interests held in trust shall be attributed to any person who holds or shares the power to vote such stock, to any person who has the sole power to sell such stock, and to any person who has the right to revoke the trust at will or to replace the trustee at will. If the trustee has a familial, personal or extra-trust business relationship to the grantor or the beneficiary, the grantor or beneficiary, as appropriate, will be attributed with the stock interests held in trust. An otherwise qualified trust will be ineffective to insulate the grantor or beneficiary from attribution with the trust's assets unless all voting stock interests held by the grantor or beneficiary in the relevant broadcast licensee are subject to said trust. e. Subject to paragraph i. of this note, holders of non-voting stock shall not be attributed an interest in the issuing entity. Subject to paragraph i. of this note, holders of debt and instruments such as warrants, convertible debentures, options or other non-voting interests with rights of conversion to voting interests shall not be attributed unless and until conversion is effected. f. 1. A limited partnership interest shall be attributed to a limited partner unless that partner is not materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership and the licensee or system so certifies. An interest in a Limited Liability Company (“LLC”) or Registered Limited Liability Partnership (“RLLP”) shall be attributed to the interest holder unless that interest holder is not materially involved, directly or indirectly, in the management or operation of the media-related activities of the partnership and the licensee or system so certifies. 2. For a licensee or system that is a limited partnership to make the certification set forth in paragraph f. 1. of this note, it must verify that the partnership agreement or certificate of limited partnership, with respect to the particular limited partner exempt from attribution, establishes that the exempt limited partner has no material involvement, directly or indirectly, in the management or operation of the media activities of the partnership. For a licensee or system that is an LLC or RLLP to make the certification set forth in paragraph f. 1. of this note, it must verify that the organizational document, with respect to the particular interest holder exempt from attribution, establishes that the exempt interest holder has no material involvement, directly or indirectly, in the management or operation of the media activities of the LLC or RLLP. The criteria which would assume adequate insulation for purposes of this certification are described in the Memorandum Opinion and Order in MM Docket No. 83-46, FCC 85-252 (released June 24, 1985), as modified on reconsideration in the Memorandum Opinion and Order in MM Docket No. 83-46, FCC 86-410 (released November 28, 1986). Irrespective of the terms of the certificate of limited partnership or partnership agreement, or other organizational document in the case of an LLC or RLLP, however, no such certification shall be made if the individual or entity making the certification has actual knowledge of any material involvement of the limited partners, or other interest holders in the case of an LLC or RLLP, in the management or operation of the media-related businesses of the partnership or LLC or RLLP. 3. In the case of an LLC or RLLP, the licensee or system seeking insulation shall certify, in addition, that the relevant state statute authorizing LLCs permits an LLC member to insulate itself as required by our criteria. g. Officers and directors of a broadcast licensee are considered to have a cognizable interest in the entity with which they are so associated. If any such entity engages in businesses in addition to its primary business of broadcasting, it may request the Commission to waive attribution for any officer or director whose duties and responsibilities are wholly unrelated to its primary business. The officers and directors of a parent company of a broadcast licensee, with an attributable interest in any such subsidiary entity, shall be deemed to have a cognizable interest in the subsidiary unless the duties and responsibilities of the officer or director involved are wholly unrelated to the broadcast licensee, and a statement properly documenting this fact is submitted to the Commission. [This statement may be included on the appropriate Ownership Report.] The officers and directors of a sister corporation of a broadcast licensee shall not be attributed with ownership of that licensee by virtue of such status. h. Discrete ownership interests will be aggregated in determining whether or not an interest is cognizable under this section. An individual or entity will be deemed to have a cognizable investment if: 1. The sum of the interests held by or through “passive investors” is equal to or exceeds 20 percent; or 2. The sum of the interests other than those held by or through “passive investors” is equal to or exceeds 5 percent; or 3. The sum of the interests computed under paragraph h. 1. of this note plus the sum of the interests computed under paragraph h. 2. of this note is equal to or exceeds 20 percent. i.1. Notwithstanding paragraphs e. and f. of this Note, the holder of an equity or debt interest or interests in a broadcast licensee subject to the broadcast multiple ownership rules (“interest holder”) shall have that interest attributed if: A. The equity (including all stockholdings, whether voting or nonvoting, common or preferred) and debt interest or interests, in the aggregate, exceed 33 percent of the total asset value, defined as the aggregate of all equity plus all debt, of that broadcast licensee; and B.(i) The interest holder also holds an interest in a broadcast licensee in the same market that is subject to the broadcast multiple ownership rules and is attributable under paragraphs of this note other than this paragraph i.; or (ii) The interest holder supplies over fifteen percent of the total weekly broadcast programming hours of the station in which the interest is held. For purposes of applying this paragraph, the term, “market,” will be defined as it is defined under the specific multiple ownership rule that is being applied, except that for television stations, the term “market” will be defined by reference to the definition contained in the local television multiple ownership rule contained in paragraph (b) of this section. 2. Notwithstanding paragraph i.1. of this Note, the interest holder may exceed the 33 percent threshold therein without triggering attribution where holding such interest would enable an eligible entity to acquire a broadcast station, provided that: i. The combined equity and debt of the interest holder in the eligible entity is less than 50 percent, or ii. The total debt of the interest holder in the eligible entity does not exceed 80 percent of the asset value of the station being acquired by the eligible entity and the interest holder does not hold any equity interest, option, or promise to acquire an equity interest in the eligible entity or any related entity. For purposes of this paragraph i.2, an “eligible entity” shall include any entity that qualifies as a small business under the Small Business Administration's size standards for its industry grouping, as set forth in 13 CFR 121.201 , at the time the transaction is approved by the FCC, and holds: A. 30 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet; or B. 15 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet, provided that no other person or entity owns or controls more than 25 percent of the outstanding stock or partnership interests; or C. More than 50 percent of the voting power of the corporation that will own the media outlet if such corporation is a publicly traded company. j. “Time brokerage” (also known as “local marketing”) is the sale by a licensee of discrete blocks of time to a “broker” that supplies the programming to fill that time and sells the commercial spot announcements in it. 1. Where two radio stations are both located in the same market, as defined for purposes of the local radio ownership rule contained in paragraph (a) of this section, and a party (including all parties under common control) with a cognizable interest in one such station brokers more than 15 percent of the broadcast time per week of the other such station, that party shall be treated as if it has an interest in the brokered station subject to the limitations set forth in paragraph (a) of this section. This limitation shall apply regardless of the source of the brokered programming supplied by the party to the brokered station. 2. Where two television stations are both located in the same market, as defined in the local television ownership rule contained in paragraph (b) of this section, and a party (including all parties under common control) with a cognizable interest in one such station brokers more than 15 percent of the broadcast time per week of the other such station, that party shall be treated as if it has an interest in the brokered station subject to the limitations set forth in paragraphs (b) and (e) of this section. This limitation shall apply regardless of the source of the brokered programming supplied by the party to the brokered station. 3. Every time brokerage agreement of the type described in this Note shall be undertaken only pursuant to a signed written agreement that shall contain a certification by the licensee or permittee of the brokered station verifying that it maintains ultimate control over the station's facilities including, specifically, control over station finances, personnel and programming, and by the brokering station that the agreement complies with the provisions of paragraph (b) of this section if the brokering station is a television station or with paragraph (a) of this section if the brokering station is a radio station. k. “Joint Sales Agreement” is an agreement with a licensee of a “brokered station” that authorizes a “broker” to sell advertising time for the “brokered station.” 1. Where two radio stations are both located in the same market, as defined for purposes of the local radio ownership rule contained in paragraph (a) of this section, and a party (including all parties under common control) with a cognizable interest in one such station sells more than 15 percent of the advertising time per week of the other such station, that party shall be treated as if it has an interest in the brokered station subject to the limitations set forth in paragraph (a) of this section. 2. Every joint sales agreement of the type described in this Note shall be undertaken only pursuant to a signed written agreement that shall contain a certification by the licensee or permittee of the brokered station verifying that it maintains ultimate control over the station's facilities, including, specifically, control over station finances, personnel and programming, and by the brokering station that the agreement complies with the limitations set forth in paragraph (a) of this section if the brokering station is a radio station. Note 3 to § 73.3555 : In cases where record and beneficial ownership of voting stock is not identical (e.g., bank nominees holding stock as record owners for the benefit of mutual funds, brokerage houses holding stock in street names for the benefit of customers, investment advisors holding stock in their own names for the benefit of clients, and insurance companies holding stock), the party having the right to determine how the stock will be voted will be considered to own it for purposes of these rules. Note 4 to § 73.3555 : Paragraphs (a) and (b) of this section will not be applied so as to require divestiture, by any licensee, of existing facilities, and will not apply to applications for assignment of license or transfer of control filed in accordance with § 73.3540(f) or § 73.3541(b) , or to applications for assignment of license or transfer of control to heirs or legatees by will or intestacy, or to FM or AM broadcast minor modification applications for intra-market community of license changes, if no new or increased concentration of ownership would be created among commonly owned, operated or controlled broadcast stations. Paragraphs (a) and (b) of this section will apply to all applications for new stations, to all other applications for assignment or transfer, to all applications for major changes to existing stations, and to all other applications for minor changes to existing stations that seek a change in an FM or AM radio station's community of license or create new or increased concentration of ownership among commonly owned, operated or controlled broadcast stations. Commonly owned, operated or controlled broadcast stations that do not comply with paragraphs (a) and (b) of this section may not be assigned or transferred to a single person, group or entity, except as provided in this Note, the Report and Order in Docket No. 02-277, released July 2, 2003 (FCC 02-127), or the Second Report and Order in MB Docket No. 14-50, FCC 16-107 (released August 25, 2016). Note 5 to § 73.3555 : Paragraphs (b) and (e) of this section will not be applied to cases involving television stations that are “satellite” operations. Such cases will be considered in accordance with the analysis set forth in the Report and Order in MM Docket No. 87-8, FCC 91-182 (released July 8, 1991), as further explained by the Report and Order in MB Docket No. 18-63, FCC 19-17, (released March 12, 2019), in order to determine whether common ownership, operation, or control of the stations in question would be in the public interest. An authorized and operating “satellite” television station, the digital noise limited service contour of which overlaps that of a commonly owned, operated, or controlled “non-satellite” parent television broadcast station may subsequently become a “non-satellite” station under the circumstances described in the aforementioned Report and Order in MM Docket No. 87-8. However, such commonly owned, operated, or controlled “non-satellite” television stations may not be transferred or assigned to a single person, group, or entity except as provided in Note 4 of this section. Note 6 to § 73.3555 : Requests submitted pursuant to paragraph (b)(2) of this section will be considered in accordance with the analysis set forth in the Order on Reconsideration in MB Docket Nos. 14-50, et al. (FCC 17-156). Note 7 to § 73.3555 : The Commission will entertain applications to waive the restrictions in paragraph (b) of this section (the local television ownership rule) on a case-by-case basis. In each case, we will require a showing that the in-market buyer is the only entity ready, willing, and able to operate the station, that sale to an out-of-market applicant would result in an artificially depressed price, and that the waiver applicant does not already directly or indirectly own, operate, or control interest in two television stations within the relevant DMA. One way to satisfy these criteria would be to provide an affidavit from an independent broker affirming that active and serious efforts have been made to sell the permit, and that no reasonable offer from an entity outside the market has been received. Note 8 to § 73.3555 : Paragraph (a)(1) of this section will not apply to an application for an AM station license in the 535-1605 kHz band where grant of such application will result in the overlap of 5 mV/m groundwave contours of the proposed station and that of another AM station in the 535-1605 kHz band that is commonly owned, operated or controlled if the applicant shows that a significant reduction in interference to adjacent or co-channel stations would accompany such common ownership. Such AM overlap cases will be considered on a case-by-case basis to determine whether common ownership, operation or control of the stations in question would be in the public interest. Applicants in such cases must submit a contingent application of the major or minor facilities change needed to achieve the interference reduction along with the application which seeks to create the 5 mV/m overlap situation. Note 9 to § 73.3555 : Paragraph (a)(1) of this section will not apply to an application for an AM station license in the 1605-1705 kHz band where grant of such application will result in the overlap of the 5 mV/m groundwave contours of the proposed station and that of another AM station in the 535-1605 kHz band that is commonly owned, operated or controlled. Note 10 to § 73.3555 : Authority for joint ownership granted pursuant to Note 9 will expire at 3 a.m. local time on the fifth anniversary for the date of issuance of a construction permit for an AM radio station in the 1605-1705 kHz band. Note 11 to § 73.3555 : a. An entity will not be permitted to directly or indirectly own, operate, or control two television stations in the same DMA through the execution of any agreement (or series of agreements) involving stations in the same DMA, or any individual or entity with a cognizable interest in such stations, in which a station (the “new affiliate”) acquires the network affiliation of another station (the “previous affiliate”), if the change in network affiliations would result in the licensee of the new affiliate, or any individual or entity with a cognizable interest in the new affiliate, directly or indirectly owning, operating, or controlling two of the top-four rated television stations in the DMA at the time of the agreement. Parties should also refer to the Second Report and Order in MB Docket No. 14-50, FCC 16-107 (released August 25, 2016). b. Further, an entity will not be permitted through the execution of any agreement (or series of agreements) to acquire a network affiliation, directly or indirectly, if the change in network affiliation would result in the affiliation programming being broadcast from a television facility that is not counted as a station toward the total number of stations an entity is permitted to own under paragraph (b) of this section (e.g., a low power television station, a Class A television station, etc.) or on any television station's video programming stream that is not counted separately as a station toward the total number of stations an entity is permitted to own under paragraph (b) of this section (e.g., non-primary multicast streams) and where the change in affiliation would violate this Note were such television facility counted or such video programming stream counted separately as a station toward the total number of stations an entity is permitted to own for purposes of paragraph (b) of this section. [ 73 FR 9487 , Feb. 21, 2008, as amended at 73 FR 28369 , May 16, 2008; 75 FR 27199 , May 14, 2010; 79 FR 29006 , May 20, 2014; 81 FR 73041 , Oct. 24, 2016; 81 FR 76262 , Nov. 1, 2016; 82 FR 21127 , May 5, 2017; 83 FR 755 , Jan. 8, 2018; 84 FR 15128 , Apr. 15, 2019; 85 FR 5164 , Jan. 29, 2020; 86 FR 34628 , June 30, 2021; 89 FR 7260 , Feb. 1, 2024; 89 FR 12229 , Feb. 15, 2024] § 73.3556 Sponsorship identification; list retention; related requirements. ( a ) No commercial FM radio station shall operate so as to devote more than 25 percent of the total hours in its average broadcast week to programs that duplicate those of any station in the same service which is commonly owned or with which it has a time brokerage agreement if the principal community contours (predicted 3.16 mV/m) of the stations overlap and the overlap constitutes more than 50 percent of the total principal community contour service area of either station. ( b ) For purposes of this section, duplication means the broadcasting of identical programs within any 24-hour period. [ 89 FR 55084 , July 3, 2024] § 73.3561 Staff consideration of applications requiring Commission action. Upon acceptance of an application, the complete file is reviewed by the staff and, except where the application is acted upon by the staff pursuant to delegation of authority, a report containing the recommendations of the staff and any other documents required is prepared and placed on the Commission's agenda. [ 44 FR 38499 , July 2, 1979] § 73.3562 Staff consideration of applications not requiring action by the Commission. Those applications which do not require action by the Commission but which, pursuant to the delegations of authority set forth in subpart B of part 0 of this chapter , may be acted upon by the Chief, Media Bureau, are forwarded to the Media Bureau for necessary action. If the application is granted, the formal authorization is issued. In any case where it is recommended that the application be set for hearing, where a novel question of policy is presented, or where the Chief, Media Bureau desires instructions from the Commission, the matter is placed on the Commission agenda. [ 67 FR 13233 , Mar. 21, 2002] § 73.3564 Acceptance of applications. ( a ) ( 1 ) Applications tendered for filing are dated upon receipt and then forwarded to the Media Bureau, where an administrative examination is made to ascertain whether the applications are complete. Except for applications for minor modifications of facilities in the non-reserved FM band, as defined in § 73.3573(a)(2) , long form applications subject to the provisions of § 73.5005 found to be complete or substantially complete are accepted for filing and are given file numbers. In the case of minor defects as to completeness, a deficiency letter will be issued and the applicant will be required to supply the missing or corrective information. Applications that are not substantially complete will not be considered and will be returned to the applicant. ( 2 ) In the case of minor modifications of facilities in the non-reserved FM band, applications will be placed on public notice if they meet the following two-tiered minimum filing requirements as initially filed in first-come/first-serve proceedings: ( i ) The application must include: ( A ) Applicant's name and address, ( B ) Applicant's signature, ( C ) Principal community, ( D ) Channel or frequency, ( E ) Class of station, and ( F ) Transmitter site coordinates; and ( ii ) The application must not omit more than three of the following second-tier items: ( A ) A list of the other media interests of the applicant and its principals, ( B ) Certification of compliance with the alien ownership provisions contained in 47 U.S.C. 310(b) , ( C ) Tower/antenna heights, ( D ) Effective radiated power, ( E ) Whether the antenna is directional or omnidirectional, and ( F ) An exhibit demonstrating compliance with the contour protection requirements of 47 CFR 73.215 , if applicable. ( 3 ) Applications found not to meet minimum filing requirements will be returned to the applicant. Applications found to meet minimum filing requirements, but that contain deficiencies in tender and/or acceptance information, shall be given an opportunity for corrective amendment pursuant to 73.3522 of this part. Applications found to be substantially complete and in accordance with the Commission's core legal and technical requirements will be accepted for filing. Applications with uncorrected tender and/or acceptance defects remaining after the opportunity for corrective amendment will be dismissed with no further opportunity for amendment. ( b ) Acceptance of an application for filing merely means that it has been the subject of a preliminary review by the FCC's administrative staff as to completeness. Such acceptance will not preclude the subsequent dismissal of the application if it is found to be patently not in accordance with the FCC's rules. ( c ) At regular intervals, the FCC will issue a Public Notice listing all long form applications which have been accepted for filing. Pursuant to §§ 73.3571(h) , 73.3572 , and 73.3573(f) , such notice shall establish a cut-off date for the filing of petitions to deny. With respect to reserved band FM applications, the Public Notice shall also establish a cut-off date for the filing of mutually exclusive applications pursuant to § 73.3573(e) . However, no application will be accepted for filing unless certification of compliance with the local notice requirements of § 73.3580(h) has been made in the tendered application. ( d ) The FCC will specify by Public Notice, pursuant to § 73.5002 , a period for filing applications for new stations or for major modifications in the facilities of an existing station. Except for reserved band FM stations and TV stations on reserved noncommercial educational channels, applications for new and major modifications in facilities will be accepted only during these window filing periods specified by the Commission. ( e ) Applications for minor modification of facilities may be tendered at any time, unless restricted by the FCC. These applications will be processed on a “first come/first served” basis and will be treated as simultaneously tendered if filed on the same day. Any applications received after the filing of a lead application will be grouped according to filing date, and placed in a queue behind the lead applicant. The FCC will periodically release a Public Notice listing those minor modification of facilities applications accepted for filing. ( f ) If a non-reserved band FM channel allotment becomes vacant, after the grant of a construction permit becomes final, because of a lapsed construction permit or for any other reason, the FCC will, by Public Notice, announce a subsequent filing window for the acceptance of new applications for such channels. ( g ) Applications for operation in the 1605-1705 kHz band will be accepted only if filed pursuant to the terms of § 73.30(b) . [ 63 FR 48624 , Sept. 11, 1998, as amended at 64 FR 56978 , Oct. 22, 1999; 67 FR 13233 , Mar. 21, 2002] § 73.3566 Defective applications. ( a ) Applications which are determined to be patently not in accordance with the FCC rules, regulations, or other requirements, unless accompanied by an appropriate request for waiver, will be considered defective and will not be accepted for filing or if inadvertently accepted for filing will be dismissed. Requests for waiver shall show the nature of the waiver or exception desired and shall set forth the reasons in support thereof. ( b ) If an applicant is requested by the FCC to file any additional documents or information not included in the prescribed application form, a failure to comply with such request will be deemed to render the application defective, and such application will be dismissed. [ 44 FR 38499 , July 2, 1979] § 73.3568 Dismissal of applications. ( a ) ( 1 ) Failure to prosecute an application, or failure to respond to official correspondence or request for additional information, will be cause for dismissal. ( 2 ) Applicants in all broadcast services subject to competitive bidding will be subject to the provisions of §§ 73.5002 and 1.2105(b) regarding the dismissal of their short-form applications. ( 3 ) Applicants in all broadcast services subject to competitive bidding will be subject to the provisions of §§ 73.5004 , 73.5005 and 1.2104(g) regarding the dismissal of their long-form applications and the imposition of applicable withdrawal, default and disqualification payments. ( b ) ( 1 ) Subject to the provisions of § 73.3525 , dismissal of applications for channels reserved for noncommercial educational use will be without prejudice where an application has not yet been designated for hearing, but may be made with prejudice after designation for hearing. ( 2 ) Subject to the provisions of § 73.3525 , requests to dismiss an application for a channel reserved for noncommercial educational use, without prejudice, after it has been designated for hearing, will be considered only upon written petition properly served upon all parties of record. Such requests shall be granted only upon a showing that the request is based on circumstances wholly beyond the applicant's control which preclude further prosecution of his application. ( c ) Subject to the provisions of §§ 73.3523 and 73.3525 , any application for minor modification of facilities may, upon request of the applicant, be dismissed without prejudice as a matter of right. ( d ) An applicant's request for the return of an application that has been accepted for filing will be regarded as a request for dismissal. [ 63 FR 48624 , Sept. 11, 1998] § 73.3571 Processing of AM broadcast station applications. ( a ) Applications for AM broadcast facilities are divided into three groups. ( 1 ) In the first group are applications for new stations or for major changes in the facilities of authorized stations. A major change for an AM station authorized under this part is any change in frequency, except frequency changes to non-expanded band first, second or third adjacent channels. A major change in ownership is a situation where the original party or parties to the application do not retain more than 50% ownership interest in the application as originally filed. A major change in community of license is one in which the applicant's daytime facilities at the proposed community are not mutually exclusive, as defined in § 73.37 , with the applicant's current daytime facilities, or any change in community of license of an AM station in the 1605-1705 kHz band. All other changes will be considered minor. ( 2 ) The second group consists of applications for licenses and all other changes in the facilities of authorized stations. ( 3 ) The third group consists of applications for operation in the 1605-1705 kHz band which are filed subsequent to FCC notification that allotments have been awarded to petitioners under the procedure specified in § 73.30 . ( b ) ( 1 ) The FCC may, after acceptance of an application for modification of facilities, advise the applicant that such application is considered to be one for a major change and therefore is subject to the provisions of §§ 73.3522 , 73.3580 and 1.1111 of this chapter pertaining to major changes. Such major modification applications will be dismissed as set forth in paragraph (h)(1)(i) of this section. ( 2 ) An amendment to an application which would effect a major change, as defined in paragraph (a)(1) of this section, will not be accepted except as provided for in paragraph (h)(1)(i) of this section. ( c ) An application for changes in the facilities of an existing station will continue to carry the same file number even though (pursuant to FCC approval) an assignment of license or transfer of control of said licensee or permittee has taken place if, upon consummation, the application is amended to reflect the new ownership. ( d ) If, upon examination, the FCC finds that the public interest, convenience and necessity will be served by the granting of an application, the same will be granted. If the FCC is unable to make such a finding and it appears that a hearing may be required, the procedure set forth in § 73.3593 will be followed. ( e ) Applications proposing to increase the power of an AM station are subject to the following requirements: ( 1 ) In order to be acceptable for filing, any application which does not involve a change in site must propose at least a 20% increase in the station's nominal power. ( 2 ) Applications involving a change in site are not subject to the requirements in paragraph (e)(1) of this section. ( 3 ) Applications for nighttime power increases for Class D stations are not subject to the requirements of this section and will be processed as minor changes. ( 4 ) The following special procedures will be followed in authorizing Class II-D daytime-only stations on 940 and 1550 kHz, and Class III daytime-only stations on the 41 regional channels listed in § 73.26(a) , to operate unlimited-time. ( i ) Each eligible daytime-only station in the foregoing categories will receive an Order to Show Cause why its license should not be modified to specify operation during nighttime hours with the facilities it is licensed to start using at local sunrise, using the power stated in the Order to Show Cause, that the Commission finds is the highest nighttime level—not exceeding 0.5 kW—at which the station could operate without causing prohibited interference to other domestic or foreign stations, or to co-channel or adjacent channel stations for which pending applications were filed before December 1, 1987. ( ii ) Stations accepting such modification shall be reclassified. Those authorized in such Show Cause Orders to operate during nighttime hours with a power of 0.25 kW or more, or with a power that, although less than 0.25 kW, is sufficient to enable them to attain RMS field strengths of 141 mV/m or more at 1 kilometer, shall be redesignated as Class II-B stations if they are assigned to 940 or 1550 kHz, and as unlimited-time Class III stations if they are assigned to regional channels. ( iii ) Stations accepting such modification that are authorized to operate during nighttime hours at powers less than 0.25 kW, and that cannot with such powers attain RMS field strengths of 141 mV/m or more at 1 kilometer, shall be redesignated as Class II-S stations if they are assigned to 940 or 1550 kHz, and as Class III-S stations if they are assigned to regional channels. ( iv ) Applications for new stations may be filed at any time on 940 and 1550 kHz and on the regional channels. Also, stations assigned to 940 or 1550 kHz, or to the regional channels, may at any time, regardless of their classifications, apply for power increases up to the maximum generally permitted. Such applications for new or changed facilities will be granted without taking into account interference caused to Class II-S or Class III-S stations, but will be required to show interference protection to other classes of stations, including stations that were previously classified as Class II-S or Class III-S, but were later reclassified as Class II-B or Class III unlimited-time stations as a result of subsequent facilities modifications that permitted power increases qualifying them to discontinue their “S” subclassification. ( f ) Applications for minor modifications for AM broadcast stations, as defined in paragraph (a)(2) of this section, may be filed at any time, unless restricted by the FCC, and will be processed on a “first come/first served” basis, with the first acceptable application cutting off the filing rights of subsequent, conflicting applicants. The FCC will periodically release a Public Notice listing those applications accepted for filing. Applications received on the same day will be treated as simultaneously filed and, if they are found to be mutually exclusive, must be resolved through settlement or technical amendment. Conflicting applications received after the filing of a first acceptable application will be grouped, according to filing date, behind the lead application in a queue. The priority rights of the lead applicant, against all other applicants, are determined by the date of filing, but the filing date for subsequent, conflicting applicants only reserves a place in the queue. The rights of an applicant in a queue ripen only upon a final determination that the lead applicant is unacceptable and if the queue member is reached and found acceptable. The queue will remain behind the lead applicant until a construction permit is finally granted, at which time the queue dissolves. ( g ) Applications for change of license to change hours of operation of a Class C AM broadcast station, to decrease hours of operation of any other class of station, or to change station location involving no change in transmitter site will be considered without reference to the processing line. ( h ) Processing new and major AM broadcast station applications. ( 1 ) ( i ) The FCC will specify by Public Notice, pursuant to § 73.5002 , a period for filing AM applications for a new station or for major modifications in the facilities of an authorized station. AM applications for new facilities or for major modifications, whether for commercial broadcast stations or noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , will be accepted only during these specified periods. Applications submitted prior to the appropriate filing period or “window” opening date identified in the Public Notice will be returned as premature. Applications submitted after the specified deadline will be dismissed with prejudice as untimely. ( ii ) ( A ) Such AM applicants will be subject to the provisions of §§ 1.2105 of this chapter and 73.5002 regarding the submission of the short-form application, FCC Form 175, and all appropriate certifications, information and exhibits contained therein. Applications must include the following engineering data: ( 1 ) Community of license; ( 2 ) Frequency; ( 3 ) Class; ( 4 ) Hours of operations (day, night, critical hours); ( 5 ) Power (day, night, critical hours); ( 6 ) Antenna location (day, night, critical hours); and ( 7 ) All other antenna data. ( B ) Applications lacking data (including any form of placeholder, such as inapposite use of “0” or “not applicable” or an abbreviation thereof) in any of the categories listed in paragraph (h)(1)(ii)(A) of this section will be immediately dismissed as incomplete without an opportunity for amendment. The staff will review the remaining applications to determine whether they meet the following basic eligibility criteria: ( 1 ) Community of license coverage (day and night) as set forth in § 73.24(i) , and ( 2 ) Protection of co- and adjacent-channel station licenses, construction permits and prior-filed applications (day and night) as set forth in §§ 73.37 and 73.182 . ( C ) If the staff review shows that an application does not meet one or more of the basic eligibility criteria listed in paragraph (h)(1)(ii)(B) of this section, it will be deemed “technically ineligible for filing” and will be included on a Public Notice listing defective applications and setting a deadline for the submission of curative amendments. An application listed on that Public Notice may be amended only to the extent directly related to an identified deficiency in the application. The amendment may modify the proposed power, class (within the limits set forth in § 73.21 of the rules), antenna location or antenna data, but not the proposed community of license or frequency. Except as set forth in the preceding two sentences, amendments to short-form (FCC Form 175) applications will not be accepted at any time. Applications that remain technically ineligible after the close of this amendment period will be dismissed, and the staff will determine which remaining applications are mutually exclusive. The engineering proposals in eligible applications remaining after the close of the amendment period will be protected from subsequently filed applications. Determinations as to the acceptability or grantability of an applicant's proposal will not be made prior to an auction. ( iii ) AM applicants will be subject to the provisions of §§ 1.2105 and 73.5002 regarding the modification and dismissal of their short-form applications. ( 2 ) Subsequently, the FCC will release Public Notices: ( i ) Identifying the short-form applications received during the window filing period which are found to be mutually exclusive, including any applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , as well as the procedures the FCC will use to resolve the mutually exclusive applications; ( ii ) Establishing a date, time and place for an auction; ( iii ) Providing information regarding the methodology of competitive bidding to be used in the upcoming auction, bid submission and payment procedures, upfront payment procedures, upfront payment deadlines, minimum opening bid requirements and applicable reserve prices in accordance with the provisions of § 73.5002 ; ( iv ) Identifying applicants who have submitted timely upfront payments and, thus, are qualified to bid in the auction. ( 3 ) After the close of the filing window, the FCC will also release a Public Notice identifying any short-form applications received which are found to be non-mutually exclusive, including any applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) . All non-mutually exclusive applicants will be required to submit an appropriate long form application within 30 days of the Public Notice and, for applicants for commercial broadcast stations, pursuant to the provisions of § 73.5005(d) . Non-mutually exclusive applications for commercial broadcast stations will be processed and the FCC will periodically release a Public Notice listing such non-mutually exclusive applications determined to be acceptable for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of §§ 73.5006 and 73.3584 . Non-mutually exclusive applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , will be processed and the FCC will periodically release a Public Notice listing such non-mutually exclusive applications determined to be acceptable for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of §§ 73.7004 and 73.3584 . If the applicant is duly qualified, and upon examination, the FCC finds that the public interest, convenience and necessity will be served by the granting of the non-mutually exclusive long form application, the same will be granted. ( 4 ) ( i ) The auction will be held pursuant to the procedures set forth in §§ 1.2101 et seq. and 73.5000 et seq. Subsequent to the auction, the FCC will release a Public Notice announcing the close of the auction and identifying the winning bidders. Winning bidders will be subject to the provisions of § 1.2107 of this chapter regarding down payments and will be required to submit the appropriate down payment within 10 business days of the Public Notice. Pursuant to § 1.2107 of this chapter and § 73.5005 , a winning bidder that meets its down payment obligations in a timely manner must, within 30 days of the release of the Public Notice announcing the close of the auction, submit the appropriate long-form application for each construction permit for which it was the winning bidder. Long-form applications filed by winning bidders shall include the exhibits identified in § 73.5005(a) . ( ii ) Winning bidders are required to pay the balance of their winning bids in a lump sum prior to the deadline established by the Commission pursuant to § 1.2109(a) . Long-form construction permit applications will be processed and the FCC will periodically release a Public Notice listing such applications that have been accepted for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of §§ 73.5006 and 73.3584 . Construction permits will be granted by the Commission only after full and timely payment of winning bids and any applicable late fees, and if the applicant is duly qualified, and upon examination, the FCC finds that the public interest, convenience and necessity will be served. ( iii ) All long-form applications will be cutoff as of the date of filing with the FCC and will be protected from subsequently filed long-form applications. Applications will be required to protect all previously filed commercial and noncommercial applications. Subject to the restrictions set forth in paragraph (k) of this section, winning bidders filing long-form applications may change the technical proposals specified in their previously submitted short-form applications, but such change may not constitute a major change. If the submitted long-form application would constitute a major change from the proposal submitted in the short-form application, the long-form application will be returned pursuant to paragraph (h)(1)(i) of this section. ( i ) In order to grant a major or minor change application made contingent upon the grant of another licensee's request for a facility modification, the Commission will not consider mutually exclusive applications by other parties that would not protect the currently authorized facilities of the contingent applicants. Such major change applications remain, however, subject to the provisions of §§ 73.3580 and 1.1111 . The Commission shall grant contingent requests for construction permits for station modifications only upon a finding that such action will promote the public interest, convenience and necessity. ( j ) Applications proposing to change the community of license of an AM station, except for an AM station in the 1605-1705 kHz band, are considered to be minor modifications under paragraphs (a)(2) and (f) of this section, and are subject to the following requirements: ( 1 ) The applicant must attach an exhibit to its application containing information demonstrating that the proposed community of license change constitutes a preferential arrangement of assignments under Section 307(b) of the Communications Act of 1934, as amended ( 47 U.S.C. 307(b) ); ( 2 ) The daytime facilities specified by the applicant at the proposed community of license must be mutually exclusive, as defined in § 73.37 , with the applicant's current daytime facilities; and ( 3 ) The applicant must comply with the local public notice provisions of § 73.3580(c)(5) . ( k ) ( 1 ) An AM applicant receiving a dispositive Section 307(b) preference is required to construct and operate technical facilities substantially as proposed in its FCC Form 175. An AM applicant, licensee, or permittee receiving a dispositive Section 307(b) preference based on its proposed service to underserved populations (under Priority (1), Priority (2), and Priority (4)) or service totals (under Priority (4)) may modify its facilities so long as it continues to provide the same priority service to substantially the same number of persons who would have received service under the initial proposal, even if the population is not the same population that would have received such service under the initial proposal. For purposes of this provision, “substantially” means that any proposed modification must not result in a decrease of more than 20 percent of any population figure that was a material factor in obtaining the dispositive Section 307(b) preference. ( 2 ) An AM applicant, licensee, or permittee that has received a dispositive preference under Priority (3) will be prohibited from changing its community of license. ( 3 ) The restrictions set forth in paragraphs (k)(1) and (k)(2) of this section will be applied for a period of four years of on-air operations. This holding period does not apply to construction permits that are awarded on a non-comparative basis, such as those awarded to non-mutually exclusive applicants or through settlement. Note to § 73.3571 : For purposes of paragraph (h)(1)(ii) of this section, § 73.182(k) interference standards apply when determining nighttime mutual exclusivity between applications to provide AM service that are filed in the same window. Two applications would be deemed to be mutually exclusive if either application would be subject to dismissal because it would enter into, i.e. , raise, the twenty-five percent exclusion RSS nighttime limit of the other. [ 63 FR 48625 , Sept. 11, 1998, as amended at 64 FR 19501 , Apr. 21, 1999; 67 FR 45374 , July 9, 2002; 68 FR 26227 , May 15, 2003; 71 FR 6228 , Feb. 7, 2006; 71 FR 76219 , Dec. 20, 2006; 75 FR 9806 , Mar. 4, 2010; 76 FR 18952 , Apr. 6, 2011; 85 FR 36794 , June 18, 2020] § 73.3572 Processing of TV broadcast, Class A TV broadcast, low power TV, and TV translators applications. ( a ) Applications for TV stations are divided into two groups: ( 1 ) In the first group are applications for new stations or major changes in the facilities of authorized stations. A major change for TV broadcast stations authorized under this part is any change in frequency or community of license which is in accord with a present allotment contained in the Table of Allotments ( § 73.622(j) ). Other requests for change in frequency or community of license for TV broadcast stations must first be submitted in the form of a petition for rulemaking to amend the Table of Allotments. ( 2 ) In the case of Class A TV stations authorized under subpart J of this part and low power TV and TV translator stations authorized under part 74 of this chapter , a major change is any change in: ( i ) Frequency (output channel), except a change in offset carrier frequency; or ( ii ) Transmitting antenna location where the protected contour resulting from the change is not predicted to overlap any portion of the protected contour based on the station's authorized facilities. ( 3 ) Other changes will be considered minor, including changes made to implement a channel sharing arrangement, provided they comply with the other provisions of this section. ( 4 ) [Reserved] ( b ) ( 1 ) A new file number will be assigned to an application for a new station or for major changes in the facilities of an authorized station, when it is amended so as to effect a major change, as defined in paragraph (a)(1) or (2) of this section, or result in a situation where the original party or parties to the application do not retain more than 50 percent ownership interest in the application as originally filed, and § 73.3580 will apply to such amended application. However, such change in ownership is minor if: ( i ) The governing board change in a nonstock or membership noncommercial educational (NCE) full power television applicant occurred over a period of six months or longer; or ( ii ) The governing board change in a nonstock or membership NCE full power television applicant occurred over a period of less than six months and there is no evidence of a takeover concern or a significant effect on such organization's mission. ( 2 ) All changes in a governmental applicant are considered minor. ( 3 ) An application for change in the facilities of any existing station will continue to carry the same file number even though (pursuant to FCC approval) an assignment of license or transfer of control of such licensee or permittee has taken place if, upon consummation, the application is amended to reflect the new ownership. ( c ) Amendments to Class A TV, low power TV and TV translator stations, or non-reserved television applications, which would require a new file number pursuant to paragraph (b) of this section, are subject to competitive bidding procedures and will be dismissed if filed outside a specified filing period. See 47 CFR 73.5002(a) . When an amendment to an application for a reserved television allotment would require a new file number pursuant to paragraph (b) of this section, the applicant will have the opportunity to withdraw the amendment at any time prior to designation for a hearing if applicable; and may be afforded, subject to the discretion of the Administrative Law Judge, an opportunity to withdraw the amendment after designation for a hearing. ( d ) ( 1 ) The FCC will specify by Public Notice, a period for filing applications for new television stations on reserved noncommercial educational channels or for major modifications in the facilities of an authorized station on reserved channels. TV reserved channel applications for new facilities or for major modifications will be accepted only during the appropriate filing period or “window.” Applications submitted prior to the window opening date identified in the Public Notice will be returned as premature. Applications submitted after the specified deadline will be dismissed with prejudice as untimely. Mutually exclusive applications for reserved channel television stations will be resolved using the point system in subpart K of this part . ( 2 ) Concurrently with the filing of a new or major modification application for a reserved noncommercial educational channel, the applicant shall submit to the FCC's public reference room and to a local public inspection file consistent with § 73.3527(e)(2) , supporting documentation of points claimed, as described in the application form. ( e ) The FCC will specify by Public Notice a period for filing applications for a new non-reserved television, low power TV and TV translator stations or for major modifications in the facilities of such authorized stations, whether for commercial broadcast stations or noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , and major modifications in the facilities of Class A TV stations. ( f ) Applications for minor modification of Class A TV, low power TV and TV translator stations may be filed at any time, unless restricted by the FCC, and will be processed on a “first-come/first-served” basis, with the first acceptable application cutting off the filing rights of subsequent, competing applicants. Provided, however, that applications for minor modifications of Class A TV and those of TV broadcast stations may become mutually exclusive until grant of a pending Class A TV or TV broadcast minor modification application. [ 63 FR 48626 , Sept. 11, 1998, as amended at 65 FR 30007 , May 10, 2000; 65 FR 36379 , June 8, 2000; 67 FR 5513 , Feb. 6, 2002; 67 FR 45374 , July 9, 2002; 68 FR 26227 , May 15, 2003; 76 FR 44827 , July 27, 2011; 82 FR 18249 , Apr. 18, 2017; 85 FR 7889 , Feb. 12, 2020; 86 FR 66213 , Nov. 22, 2021; 89 FR 7260 , Feb. 1, 2024] § 73.3573 Processing FM broadcast station applications. ( a ) Applications for FM broadcast stations are divided into two groups: ( 1 ) In the first group are applications for new stations or for major changes of authorized stations. A major change in ownership is one in which the original party or parties to the application do not retain more than 50 percent ownership interest in the application as originally filed, except that such change in ownership is minor if: The governing board change in a nonstock or membership NCE applicant occurred over a period of six months or longer or the governing board change in a nonstock or membership NCE applicant occurred over a period of less than six months and there is no evidence of a takeover concern or a significant effect on such organization's mission. All changes in a governmental applicant are considered minor. In the case of a Class D or an NCE FM reserved band channel station, a major facility change is any change in antenna location which would not continue to provide a 1 mV/m service to some portion of its previously authorized 1 mV/m service area. In the case of a Class D station, a major facility change is any change in community of license or any change in frequency other than to a first-, second-, or third-adjacent channel. A major facility change for a commercial or a noncommercial educational full service FM station, a winning auction bidder, or a tentative selectee authorized or determined under this part is any change in frequency or community of license which is not in accord with its current assignment, except for the following: ( i ) A change in community of license which complies with the requirements of paragraph (g) of this section; ( ii ) A change to a higher or lower class co-channel, first-, second-, or third-adjacent channel, or intermediate frequency; ( iii ) A change to a same-class first-, second-, or third-adjacent channel, or intermediate frequency; ( iv ) A channel substitution, subject to the provisions of Section 316 of the Communications Act for involuntary channel substitutions. ( 2 ) The second group consists of applications for licenses and all other changes in the facilities of authorized stations. ( b ) ( 1 ) The FCC may, after the acceptance of an application for modification of facilities, advise the applicant that such application is considered to be one for a major change and therefore subject to the provisions of §§ 73.3522 , 73.3580 and 1.1111 of this chapter pertaining to major changes. Such major modification applications in the non-reserved band will be dismissed as set forth in paragraph (f)(2)(i) of this section. ( 2 ) An amendment to a non-reserved band application which would effect a major change, as defined in paragraph (a)(1) of this section, will not be accepted, except as provided for in paragraph (f)(2)(i) of this section. ( 3 ) A new file number will be assigned to a reserved band application for a new station or for major changes in the facilities of an authorized station, when it is amended so as to effect a major change, as defined in paragraph (a)(1) of this section. Where an amendment to a reserved band application would require a new file number, the applicant will have the opportunity to withdraw the amendment at any time prior to designation for hearing, if applicable; and may be afforded, subject to the discretion of the Administrative Law Judge, an opportunity to withdraw the amendment after designation for hearing. ( c ) An application for changes in the facilities of any existing station will continue to carry the same file number even though (pursuant to FCC approval) an assignment of license or transfer of control of such licensee or permittee has taken place if, upon consummation, the application is amended to reflect the new ownership. ( d ) If, upon examination, the FCC finds that the public interest, convenience and necessity will be served by the granting of an application for FM broadcast facilities, the same will be granted. If the FCC is unable to make such a finding and it appears that a hearing may be required, the procedure given in § 73.3593 will be followed. In the case of mutually exclusive applications for reserved channels, the procedures in subpart K of this part will be followed. In the case of mutually exclusive applications for unreserved channels, the procedures in subpart I of this part will be followed. ( e ) Processing reserved channel FM broadcast station applications. ( 1 ) Applications for minor modifications for reserved channel FM broadcast stations, as defined in paragraph (a)(2) of this section, may be filed at any time, unless restricted by the FCC, and will be processed on a “first come/first served” basis, with the first acceptable application cutting off the filing rights of subsequent, competing applicants. The FCC will periodically release a Public Notice listing those applications accepted for filing. Conflicting applications received on the same day will be treated as simultaneously filed and mutually exclusive. Conflicting applications received after the filing of the first acceptable application will be grouped, according to filing date, behind the lead application in the queue. The priority rights of the lead applicant, against all other applicants, are determined by the date of filing, but the filing date for subsequent conflicting applicants only reserves a place in the queue. The right of an applicant in a queue ripens only upon a final determination that the lead applicant is unacceptable and that the queue member is reached and found acceptable. The queue will remain behind the lead applicant until the construction permit is finally granted, at which time the queue dissolves. ( 2 ) The FCC will specify by Public Notice a period for filing reserved channel FM applications for a new station or for major modifications in the facilities of an authorized station. FM reserved channel applications for new facilities or for major modifications will be accepted only during the appropriate filing period or “window.” Applications submitted prior to the window opening date identified in the Public Notice will be returned as premature. Applications submitted after the specified deadline will be dismissed with prejudice as untimely. ( 3 ) Concurrently with the filing of a new or major modification application for a reserved noncommercial educational channel, the applicant shall submit to the FCC's public reference room and to a local public inspection file consistent with § 73.3527(e)(2) , supporting documentation of points claimed, as described in the application form. ( 4 ) Timely filed applications for new facilities or for major modifications for reserved FM channels will be processed pursuant to the procedures set forth in subpart K of this part ( § 73.7000 et seq. ) Subsequently, the FCC will release Public Notices identifying: mutually exclusive groups of applications; applications selected pursuant to the fair distribution procedures set forth in § 73.7002 ; applications received during the window filing period which are found to be non-mutually exclusive; tentative selectees determined pursuant to the point system procedures set forth in § 73.7003 ; and acceptable applications. The Public Notices will also announce: additional procedures to be followed for certain groups of applications; deadlines for filing additional information; and dates by which petitions to deny must be filed in accordance with the provisions of § 73.3584 . If the applicant is duly qualified, and upon examination, the FCC finds that the public interest, convenience and necessity will be served by the granting of the application, it will be granted. If an application is determined unacceptable for filing, the application will be returned, and subject to the amendment requirements of § 73.3522 . ( f ) Processing non-reserved FM broadcast station applications. ( 1 ) Applications for minor modifications for non-reserved FM broadcast stations, as defined in paragraph (a)(2) of this section, may be filed at any time, unless restricted by the FCC, and, generally, will be processed in the order in which they are tendered. The FCC will periodically release a Public Notice listing those applications accepted for filing. Processing of these applications will be on a “first come/first serve” basis with the first acceptable application cutting off the filing rights of subsequent applicants. All applications received on the same day will be treated as simultaneously tendered and, if they are found to be mutually exclusive, must be resolved through settlement or technical amendment. Applications received after the tender of a lead application will be grouped, according to filing date, behind the lead application in a queue. The priority rights of the lead applicant, as against all other applicants, are determined by the date of filing, but the filing date for subsequent applicants for that channel and community only reserves a place in the queue. The rights of an applicant in a queue ripen only upon a final determination that the lead applicant is unacceptable and if the queue member is reached and found acceptable. The queue will remain behind the lead applicant until a construction permit is finally granted, at which time the queue dissolves. ( 2 ) ( i ) The FCC will specify by Public Notice, pursuant to § 73.5002(a) , a period for filing non-reserved band FM applications for a new station or for major modifications in the facilities of an authorized station. FM applications for new facilities or for major modifications, whether for commercial broadcast stations or noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , will be accepted only during the appropriate filing period or “window.” Applications submitted prior to the window opening date identified in the Public Notice will be returned as premature. Applications submitted after the specified deadline will be dismissed with prejudice as untimely. ( ii ) Such FM applicants will be subject to the provisions of §§ 1.2105 and 73.5002 regarding the submission of the short-form application, FCC Form 175, and all appropriate certifications, information and exhibits contained therein. FM applicants may submit a set of preferred site coordinates as a supplement to the short-form application. Any specific site indicated by FM applicants will not be studied for technical acceptability, but will be protected from subsequently filed applications as a full-class facility as of the close of the window filing period. Determinations as to the acceptability or grantability of an applicant's proposal will not be made prior to an auction. ( iii ) FM applicants will be subject to the provisions of §§ 1.2105 and 73.5002(c) regarding the modification and dismissal of their short-form applications. ( 3 ) Subsequently, the FCC will release Public Notices: ( i ) Identifying the short-form applications received during the window filing period which are found to be mutually exclusive, including any applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , as well as the procedures the FCC will use to resolve the mutually exclusive applications; ( ii ) Establishing a date, time and place for an auction; ( iii ) Providing information regarding the methodology of competitive bidding to be used in the upcoming auction, bid submission and payment procedures, upfront payment procedures, upfront payment deadlines, minimum opening bid requirements and applicable reserve prices in accordance with the provisions of § 73.5002 ; ( iv ) Identifying applicants who have submitted timely upfront payments and, thus, are qualified to bid in the auction. ( 4 ) If, after the close of the appropriate window filing period, a non-reserved FM allotment remains vacant, the window remains closed until the FCC, by Public Notice, specifies a subsequent period for filing non-reserved band FM applications for a new station or for major modifications in the facilities of an authorized station pursuant to paragraph (f)(2)(i) of this section. After the close of the filing window, the FCC will also release a Public Notice identifying the short-form applications which are found to be non-mutually exclusive, including any applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) . These non-mutually exclusive applicants will be required to submit the appropriate long-form application within 30 days of the Public Notice and, for applicants for commercial broadcast stations, pursuant to the provisions of § 73.5005(d) . Non-mutually exclusive applications for commercial broadcast stations will be processed and the FCC will periodically release a Public Notice listing such non-mutually exclusive applications determined to be acceptable for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of §§ 73.5006 and 73.3584 . Non-mutually exclusive applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , will be processed and the FCC will periodically release a Public Notice listing such non-mutually exclusive applications determined to be acceptable for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of §§ 73.7004 and 73.3584 . If the applicant is duly qualified, and upon examination, the FCC finds that the public interest, convenience, and necessity will be served by the granting of the non-mutually exclusive long-form application, it will be granted. ( 5 ) ( i ) Pursuant to § 1.2107 of this chapter and § 73.5005 , a winning bidder that meets its down payment obligations in a timely manner must, within 30 days of the release of the public notice announcing the close of the auction, submit the appropriate long-form application for each construction permit for which it was the winning bidder. Long-form applications filed by winning bidders shall include the exhibits identified in § 73.5005(a) . ( ii ) Winning bidders are required to pay the balance of their winning bids in a lump sum prior to the deadline established by the Commission pursuant to § 1.2109(a) of this chapter . Long-form construction permit applications will be processed and the FCC will periodically release a Public Notice listing such applications that have been accepted for filing and announcing a date by which petitions to deny must be filed in accordance with the provisions of §§ 73.5006 and 73.3584 . Construction permits will be granted by the Commission only after full and timely payment of winning bids and any applicable late fees, and if the applicant is duly qualified, and upon examination, the FCC finds that the public interest, convenience and necessity will be served. ( iii ) All long-form applications will be cut-off as of the date of filing with the FCC and will be protected from subsequently filed long-form applications and rulemaking petitions. Applications will be required to protect all previously filed commercial and noncommercial applications. Winning bidders filing long-form applications may change the technical proposals specified in their previously submitted short-form applications, but such change may not constitute a major change. If the submitted long-form application would constitute a major change from the proposal submitted in the short-form application or the allotment, the long-form application will be returned pursuant to paragraph (f)(2)(i) of this section. ( 6 ) ( i ) When a non-reserved channel FM allotment is added to the Table of FM Allotments using the Tribal Priority described in Note 5 to this section, the FCC will specify by Public Notice a window filing period during which only those applicants that satisfy all of the eligibility criteria listed in Note 5 to this section with regard to the specific Tribal Priority FM allotment(s) listed in the Public Notice may file a long-form application for the Tribal Priority FM allotment. Only applications from applicants meeting the “threshold qualifications” listed in Note 5 will be accepted during this window filing period. ( ii ) If only one application for the Tribal Priority FM allotment is accepted for filing during the threshold qualifications window, the long-form application will be processed. If two or more applications for the Tribal Priority FM allotment are accepted for filing during the threshold qualifications window, the FCC will specify by Public Notice a period of time, after the close of the threshold qualifications window but before the next FM auction, during which the parties may negotiate a settlement or bona fide merger, as a way of resolving the conflict between their applications. Parties to a settlement must comply with § 73.3525 of the Commission's rules. If a settlement or bona fide merger is reached, the surviving application will be processed. If no settlement or bona fide merger is reached among the threshold qualifications window applicants, the Tribal Priority FM allotment will be offered at auction as described in paragraphs (f)(2) through (f)(5) of this section, except that only those applicants whose applications were accepted for filing pursuant to paragraph (f)(6)(i) of this section may participate in the initial auction of the Tribal Priority FM allotment. ( iii ) If no application is accepted for filing during the threshold qualifications window, and the party that initially proposed the Tribal Priority FM allotment requests by letter to the Audio Division, Media Bureau, that its pending long-form application not be immediately processed, the Tribal Priority FM allotment will be auctioned as described in paragraphs (f)(2) through (f)(5) of this section in the normal course for vacant FM allotments. When a Tribal Priority FM allotment is offered at auction for the first time, only those applicants meeting the threshold qualifications for that specific Tribal Priority FM allotment, as described in Note 5 to this section, may participate in the auction of that allotment. ( iv ) Should no applicant meeting threshold qualifications, as described in Note 5 to this section, apply to bid on a Tribal Priority FM allotment in the first auction in which it is offered, or should no applicant meeting threshold qualifications qualify to bid in the first auction in which a Tribal Priority FM allotment is offered, then the Tribal Priority FM allotment will be offered in a subsequent auction. Any such subsequent auction of a Tribal Priority FM allotment shall proceed as described in paragraphs (f)(2) through (f)(5) of this section, and any qualified applicant may participate in the auction of the Tribal Priority FM allotment in such subsequent auction, regardless of whether it meets the threshold qualifications with regard to that specific Tribal Priority FM allotment. ( g ) Applications proposing to change the community of license of an FM station or assignment are considered to be minor modifications under paragraphs (a)(2) , (e)(1) , and (f)(1) of this section, and are subject to the following requirements: ( 1 ) The applicant must attach an exhibit to its application containing information demonstrating that the proposed community of license change constitutes a preferential arrangement of allotments or assignments under Section 307(b) of the Communications Act of 1934, as amended ( 47 U.S.C. 307(b) ); ( 2 ) The facilities specified by the applicant at the proposed community of license must be mutually exclusive, as defined in § 73.207 or 73.509 , with the applicant's current facilities or its current assignment, in the case of a winning auction bidder or tentative selectee; and ( 3 ) The applicant must comply with the local public notice provisions of § 73.3580(c)(5) . ( 4 ) Non-reserved band applications must demonstrate the existence of a suitable assignment or allotment site that fully complies with §§ 73.207 and 73.315 without resort to § 73.213 or § 73.215 . Note 1 to § 73.3573 : Applications to modify the channel and/or class to an adjacent channel, intermediate frequency (IF) channel, or co-channel may utilize the provisions of the Commission's Rules permitting short spaced stations as set forth in § 73.215 as long as the applicant shows by separate exhibit attached to the application the existence of an allotment reference site which meets the allotment standards, the minimum spacing requirements of § 73.207 and the city grade coverage requirements of § 73.315 . This exhibit must include a site map or, in the alternative, a statement that the transmitter will be located on an existing tower. Examples of unsuitable allotment reference sites include those which are offshore, in a national or state park in which tower construction is prohibited, on an airport, or otherwise in an area which would necessarily present a hazard to air navigation. Note 2 to § 73.3573 : Processing of applications for new low power educational FM applications: Pending the Commission's restudy of the impact of the rule changes pertaining to the allocations of 10-watt and other low power noncommercial educational FM stations, applications for such new stations, or major changes in existing ones, will not be accepted for filing. Exceptions are: (1) In Alaska, applications for new Class D stations or major changes in existing ones are acceptable for filing; and (2) applications for existing Class D stations to change frequency are acceptable for filing. In (2), upon the grant of such application, the station shall become a Class D (secondary) station. (See First Report and Order, Docket 20735, FCC 78-386, 43 FR 25821 , and Second Report and Order, Docket 20735, FCC 78-384, 43 FR 39704 .) Effective date of this FCC imposed “freeze” was June 15, 1978. Applications which specify facilities of at least 100 watts effective radiated power will be accepted for filing. Note 3 to § 73.3573 : For rules on processing FM translator and booster stations, see § 74.1233 of this chapter . Note 4 to § 73.3573 : A Class C station operating with antenna height above average terrain (“HAAT”) of less than 451 meters is subject to reclassification as a Class C0 station upon the filing of a triggering application for construction permit that is short-spaced to such a Class C station under § 73.207 but would be fully spaced to such a station considered as a Class C0 assignment. Triggering applications may utilize § 73.215 . Triggering applications must certify that no alternative channel is available for the proposed service. Available alternative frequencies are limited to frequencies that the proposed service could use at the specified antenna location in full compliance with the distance separation requirements of § 73.207 , without any other changes to the FM Table of Allotments. Copies of a triggering application and related pleadings must be served on the licensee of the affected Class C station. If the staff concludes that a triggering application is acceptable for filing, it will issue an order to show cause why the affected station should not be reclassified as a Class C0 station The order to show cause will provide the licensee 30 days to express in writing an intention to seek authority to modify the subject station's technical facilities to minimum Class C HAAT or to otherwise challenge the triggering application. If no such intention is expressed and the triggering application is not challenged, the subject station will be reclassified as a Class C0 station, and processing of the triggering application will be completed. If an intention to modify is expressed, an additional 180-day period will be provided during which the Class C station licensee must file an acceptable construction permit application to increase antenna height to at least 451 meters HAAT. Upon grant of such a construction permit application, the triggering application will be dismissed. Class C station licensees must serve on triggering applicants copies of any FAA submissions related to the application grant process. If the construction is not completed as authorized, the subject Class C station will be reclassified automatically as a Class C0 station. The reclassification procedure also may be initiated through the filing of an original petition for rule making to amend the FM Table of Allotments as set forth in Note 2 to § 1.420(g) . Note 5 to § 73.3573 : The “Tribal Priority” is that established by the Commission in Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, MB Docket 09-52. See First Report and Order and Further Notice of Proposed Rule Making, MB Docket 09-52, FCC 10-24, 75 FR 9797 , 75 FR 9856 , 75 FR 73976 ; Second Report and Order, First Order on Reconsideration, and Second Further Notice of Proposed Rule Making, MB Docket 09-52, FCC 11-28, 76 FR 14362 , 76 FR 18942 ; Third Report and Order, MB Docket 09-52, FCC 11-190. To qualify for the Tribal Priority, and thus meet “threshold qualifications” for a particular allotment, an applicant must demonstrate that it meets all of the following eligibility criteria: (a) The applicant is either a federally recognized Tribe or Tribal consortium, or an entity 51 percent or more of which is owned or controlled by a Tribe or Tribes. Qualifying Tribes or Tribal entities must be those at least a portion of whose Tribal Lands lie within the principal community contour of the proposed facility. Although the 51 or greater percent Tribal control threshold need not consist of a single Tribe, the qualifying entity must be 51 percent or more owned or controlled by Tribes at least a portion of whose Tribal Lands lie within the facility's principal community contour; (b)(1) at least 50 percent of the area within the proposed principal community contour is over that Tribe's Tribal Lands, or (2) the proposed principal community contour (i) encompasses 50 percent or more of that Tribe's Tribal Lands, (ii) serves at least 2,000 people living on Tribal Lands, and (iii) the total population on Tribal Lands residing within the proposed service contour constitutes at least 50 percent of the total covered population (and, in the case of either (b)(1) or (b)(2) the proposed principal community contour does not cover more than 50 percent of the Tribal Lands of a Tribe that is not a party to the application); (c) the proposed community of license must be located on Tribal Lands; and (d) the proposed service must constitute first or second aural (reception) service, or first local Tribal-owned commercial transmission service at the proposed community of license. For purposes of this section, the definition of “Tribal Lands” is the same as that set forth at footnote 15 of the First Report and Order and Further Notice of Proposed Rule Making, FCC 10-24, and as further set forth at paragraphs 8-10 and 59 of the Second Report and Order, First Order on Reconsideration, and Second Further Notice of Proposed Rule Making, FCC 11-28. [ 63 FR 48627 , Sept. 11, 1998, as amended at 64 FR 19502 , Apr. 21, 1999; 65 FR 36379 , June 8, 2000; 65 FR 79780 , Dec. 20, 2000; 67 FR 45374 , July 9, 2002; 68 FR 26228 , May 15, 2003; 71 FR 6228 , Feb. 7, 2006; 71 FR 76220 , Dec. 20, 2006; 77 FR 2922 , Jan. 20, 2012; 85 FR 7890 , Feb. 12, 2020; 85 FR 36794 , June 18, 2020] § 73.3574 Processing of international broadcast station applications. ( a ) Applications for International station facilities are divided into two groups. ( 1 ) In the first group are applications for new stations, or for major changes in the facilities of authorized stations. A major change is any change in or addition to authorized zones or areas of reception, any change in transmitter location other than one in the immediate vicinity of existing antennas of the station, or any change in power, or antenna directivity. However, the FCC may, within 15 days after the acceptance for filing of any other application for modification, advise the applicant that such application is considered to be one for a major change and therefore is subject to §§ 1.1111 and 73.3580 pertaining to major changes. ( 2 ) The second group consists of applications for licenses and all other changes in the facilities of authorized stations. ( b ) If an application is amended so as to effect a major change as defined in paragraph (a)(1) of this section, or so as to result in an assignment or transfer of control which, in the case of an authorized station, would require the filing of an application therefor on FCC Form 314 or 315 (see § 73.3540 ), § 73.3580 will apply to such amended application. ( c ) Applications for International stations will be processed as nearly as possible in the order in which they are filed. [ 44 FR 38504 , July 2, 1979] § 73.3578 Amendments to applications for renewal, assignment or transfer of control. ( a ) Any amendments to an application for renewal of any instrument of authorization shall be considered to be a minor amendment. However, the FCC may, within 15 days after tender for filing of any amendment, advise the applicant that the amendment is considered to be a major amendment and therefore is subject to the provisions of § 73.3580 . ( b ) Any amendment to an application for assignment of construction permit or license, or consent to the transfer of control of an entity holding such a construction permit or license, shall be considered to be a minor amendment, except that any amendment which seeks a change in the ownership interest of the proposed assignee or transferee which would result in a change in control, or any amendment which would require the filing of FCC Form 2100 Schedules 314, 315, or 345 ( see § 73.3500 ), if the changes sought were made in an original application for assignment or transfer of control, shall be considered to be a major amendment. However, the FCC may, within 15 days after the acceptance for filing of any other amendment, advise the applicant that the amendment is considered to be a major amendment and therefore is subject to the provisions of § 73.3580 . [ 44 FR 38504 , July 2, 1979, as amended at 51 FR 18451 , May 20, 1986; 89 FR 7261 , Feb. 1, 2024] § 73.3580 Local public notice of filing of broadcast applications. ( a ) Definitions. The following definitions shall apply to this section: ( 1 ) Acceptance public notice. A Commission public notice announcing that an application has been accepted for filing. ( 2 ) Applicant-affiliated website. ( i ) Any of the following internet websites, to the extent they are maintained, in order of priority: ( A ) The applicant station's internet website; ( B ) The applicant's internet website; or ( C ) The applicant's parent entity's internet website. ( ii ) An applicant maintaining or having access to more than one of the internet websites in paragraphs (a)(2)(i)(A) through (C) of this section shall post a link or tab to a web page containing the online notice text on the website with the highest priority. ( 3 ) Locally originating programming. Programming from a low power television (LPTV) or television translator station as defined in § 74.701(h) of this chapter . ( 4 ) Major amendment. A major amendment to an application is that defined in §§ 73.3571(b) , 73.3572(c) , 73.3573(b) , and 73.3578 , and 74.787(b) of this chapter . ( 5 ) Publicly accessible website. An internet website: ( i ) That is accessible to members of the public without registration or payment requirements, or any other requirement that the user provide information, or response to a survey or questionnaire in exchange for being able to access information on the website; and ( ii ) That is locally targeted to the area served and/or to be served by the applicant station (e.g., local government internet website, local community bulletin board internet website, state broadcasters' association internet website). For international broadcast station applications filed pursuant to § 73.3574 , the internet website must locally target the community in which the International broadcast station's transmission facilities are located or are proposed to be located (e.g., local government internet website, local community bulletin board internet website). ( b ) Types of public notice. Public notice is required of applicants for certain broadcast authorizations in the manner set forth in paragraphs (b)(1) and (2) of this section: ( 1 ) On-air announcement. An applicant shall broadcast on-air announcements of the filing of certain applications for authorization, if required as set forth in paragraph (c) of this section, over its station as follows: ( i ) Content. The on-air announcement shall be in the following form: On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an application with the Federal Communications Commission for [TYPE OF APPLICATION]. Members of the public wishing to view this application or obtain information about how to file comments and petitions on the application can visit publicfiles.fcc.gov, and search in [STATION CALL SIGN'S] public file. An applicant station without an online public inspection file shall instead broadcast the following on-air announcement: On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an application with the Federal Communications Commission for [TYPE OF APPLICATION]. Members of the public wishing to view this application or obtain information about how to file comments and petitions can visit www.fcc.gov/stationsearch , and search in the list of [STATION CALL SIGN'S] filed applications. Television broadcast stations, in presenting on-air announcements, must use visuals with the full text of the on-air announcement when this information is being orally presented by the announcer. ( ii ) Frequency of broadcast. The applicant shall broadcast the on-air announcements at least once per week (Monday through Friday) for four consecutive weeks, for a total of six (6) broadcasts, with no more than two broadcasts in a week. Broadcasts made in the same week shall not air on the same day. ( iii ) Commencement of broadcast. The applicant may air the first broadcast of the on-air announcement as early as the date of release of the acceptance public notice for the application, but not later than the fifth business day following release of the acceptance public notice for the application. ( iv ) Time of broadcast. The applicant shall broadcast all on-air announcements between the hours of 7:00 a.m. and 11:00 p.m. local time at the applicant station's community of license, Monday through Friday. ( v ) Language of broadcast. A station broadcasting primarily in a foreign language should broadcast the announcements in that language. ( vi ) Silent stations or stations not broadcasting. Any station required to broadcast on-air announcements that is not broadcasting during all or a portion of the period during which on-air announcements are required to be broadcast, including silent stations and noncommercial educational broadcast stations that are not scheduled to broadcast during the portion of the year during which on-air announcements are required to be broadcast, must comply with the provisions of paragraph (b)(2) of this section during the time period in which it is unable to broadcast required on-air announcements, and must broadcast required on-air announcements during the time period it is able to do so. ( 2 ) Online notice. An applicant shall conspicuously post on an internet website notice of the filing of certain applications for authorization, if required as set forth in paragraph (c) of this section, as follows: ( i ) Content. The online notice shall be in the following form: On [DATE], [APPLICANT NAME], [PERMITTEE/LICENSEE] of [STATION CALL SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE OR, FOR INTERNATIONAL BROADCAST STATIONS, COMMUNITY WHERE THE STATION'S TRANSMISSION FACILITIES ARE LOCATED], filed an application with the Federal Communications Commission for [TYPE OF APPLICATION]. Members of the public wishing to view this application or obtain information about how to file comments and petitions on the application can visit [INSERT HYPERLINK TO APPLICATION LINK IN APPLICANT'S ONLINE PUBLIC INSPECTION FILE (OPIF) OR, IF THE STATION HAS NO OPIF, TO APPLICATION LOCATION IN THE MEDIA BUREAU'S LICENSING AND MANAGEMENT SYSTEM; IF AN INTERNATIONAL BROADCAST STATION, TO APPLICATION LOCATION IN THE OFFICE OF INTERNATIONAL AFFAIRS' ICFS DATABASE]. An applicant for a proposed but not authorized station shall post the following online notice: On [DATE], [APPLICANT NAME], applicant for [A NEW (STATION TYPE) STATION ON] [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE OR, FOR INTERNATIONAL BROADCAST STATIONS, COMMUNITY WHERE THE STATION'S TRANSMISSION FACILITIES ARE TO BE LOCATED], filed an application with the Federal Communications Commission for [TYPE OF APPLICATION]. Members of the public wishing to view this application or obtain information about how to file comments and petitions on the application can visit [INSERT HYPERLINK TO APPLICATION LOCATION IN THE MEDIA BUREAU'S LICENSING AND MANAGEMENT SYSTEM; IF AN INTERNATIONAL BROADCAST STATION, TO APPLICATION LOCATION IN THE OFFICE OF INTERNATIONAL AFFAIRS' ICFS DATABASE]. An applicant for an authorization under section 325(c) of the Communications Act (Studio Delivering Programs to a Foreign Station) shall post the following online notice: On [DATE], [APPLICANT NAME] filed an application with the Federal Communications Commission for a permit to deliver programs to foreign station [FOREIGN STATION CALL SIGN], [FOREIGN STATION FREQUENCY], [FOREIGN STATION COMMUNITY OF LICENSE]. [DESCRIPTION OF THE PROGRAMS TO BE TRANSMITTED OVER THE STATION]. Members of the public wishing to view this application or obtain information about how to file comments and petitions on the application can visit [INSERT HYPERLINK TO APPLICATION LOCATION IN THE OFFICE OF INTERNATIONAL AFFAIRS' ICFS DATABASE]. ( ii ) Site. The applicant shall post online notice by posting a conspicuous link or tab labeled “FCC Applications” on an applicant-affiliated website, as defined in paragraph (a)(2) of this section. The link or tab will link directly to a page containing only the online notice text referenced in paragraph (b)(2)(i) of this section. To the extent that there are no pending applications requiring online public notice, the link or tab should link to a page indicating that there are no pending applications subject to the posting requirement. This page must include the date when it was last updated. If the applicant does not maintain or have access to an applicant-affiliated website, the applicant may post the online notice on a publicly accessible website, as defined in paragraph (a)(5) of this section. An applicant for an authorization under section 325(c) of the Communications Act (Studio Delivering Programs to a Foreign Station) shall post online notice on a publicly accessible website that is locally targeted to the principal area to be served in the United States by the foreign broadcast station. ( iii ) Duration of posting. If the online notice is posted on an applicant-affiliated website or on a publicly accessible website for which the applicant is not required to compensate the website owner in exchange for posting the online notice, then the applicant must post the online notice for a minimum of 30 consecutive days. If the applicant does not maintain an applicant-affiliated website, and the applicant is required to compensate a website owner in exchange for posting on a publicly accessible website, the applicant must post the online notice for a period of not less than 24 consecutive hours, once per week (Monday through Friday), for four consecutive weeks. ( iv ) Commencement of posting. The applicant must post the online notice no earlier than the date of release of the acceptance public notice for the application, and not later than five business days following release of the acceptance public notice for the application. ( c ) Applications requiring local public notice. The following applications filed by licensees or permittees of the following types of stations must provide public notice in the manner set forth in paragraphs (c)(1) through (7) of this section: ( 1 ) Applications for a construction permit for a new station, a major amendment thereto, or a major modification to a construction permit for a new unbuilt station. ( i ) For a commercial or noncommercial educational full power television; commercial or noncommercial educational full-service AM or FM radio station; Class A television station; low power television (LPTV) or television translator station; low-power FM (LPFM) station; or commercial or noncommercial FM translator or FM booster station, the applicant shall give online notice. ( ii ) For an international broadcast station, the applicant shall give online notice on a publicly accessible website, locally targeted to the community in which the station's transmission facilities are to be located. ( 2 ) Applications for a major change to the facilities of an operating station, or major amendments thereto. ( i ) For a noncommercial educational full power television; noncommercial full-service AM or FM radio station; or for an LPFM station, the applicant shall broadcast on-air announcements. ( ii ) For a commercial full power television; commercial full-service AM or FM radio station; or a Class A television station, the applicant shall both broadcast on-air announcements and give online notice. ( iii ) For an LPTV or television translator station; or an FM translator or FM booster station, the applicant shall give online notice. ( iv ) For an international broadcast station, the applicant shall give online notice on a publicly accessible website, locally targeted to the community in which the station's transmission facilities are located. ( 3 ) Applications for renewal of license. ( i ) For a full power television; full-service AM or FM radio station; Class A television station; LPTV station locally originating programming; or LPFM station, the applicant shall broadcast on-air announcements. ( ii ) For an LPTV station that does not locally originate programming; or for a TV or FM translator station, the applicant shall give online notice. ( iii ) For an international broadcast station, the applicant shall give online notice on a publicly accessible website, locally targeted to the community in which the station's transmission facilities are located. ( 4 ) Applications for assignment or transfer of control of a construction permit or license, or major amendments thereto. ( i ) For a noncommercial educational full power television; noncommercial educational full-service AM or FM radio station; or an LPFM station, the applicant shall broadcast on-air announcements. ( ii ) For a commercial full power television; commercial full-service AM or FM radio station; Class A television station; or an LPTV station that locally originates programming, the applicant shall both broadcast on-air announcements and give online notice. ( iii ) For an LPTV station that does not locally originate programming, or a TV or FM translator station, the applicant shall give online notice. ( iv ) For an international broadcast station, the applicant shall give online notice on a publicly accessible website, locally targeted to the community in which the station's transmission facilities are located. ( v ) For any application for assignment or transfer of control of a construction permit or license, for a station that is not operating, the applicant shall give online notice. ( 5 ) Applications for a minor modification to change a station's community of license, or major amendments thereto. ( i ) For a noncommercial educational full-service AM or FM radio station, the applicant shall broadcast on-air announcements. ( ii ) For a commercial full-service AM or FM radio station, the applicant shall both broadcast on-air announcements and give online notice. In addition to the online notice set forth in paragraph (b)(2) of this section locally targeted to the applicant station's current community of license, the applicant shall also give online notice on a publicly accessible website locally targeted to the community that the applicant proposes to designate as its new community of license, for the same time periods and in the same manner as set forth in paragraph (b)(2) of this section. ( 6 ) Applications for a permit pursuant to section 325(c) of the Communications Act (studio delivering programming to a foreign station). The applicant shall give online notice. ( 7 ) Applications by LPTV stations to convert to Class A status pursuant to the Low Power Protection Act. The applicant shall both broadcast on-air announcements and give online notice. ( d ) Applications for which local public notice is not required. The following types of applications are not subject to the local public notice provisions of this section: ( 1 ) A minor change in the facilities of an authorized station, as indicated in §§ 73.3571 , 73.3572 , 73.3573 , and 73.3574 , and 74.787(b) of this chapter , except a minor change to designate a different community of license for an AM or FM radio broadcast station, pursuant to the provisions of §§ 73.3571(j) and 73.3573(g) . ( 2 ) Consent to an involuntary assignment or transfer or to a voluntary assignment or transfer which does not result in a change of control and which may be applied for on FCC Form 316, or any successor form released in the future, pursuant to the provisions of § 73.3540(b) . ( 3 ) A license under section 319(c) of the Communications Act or, pending application for or grant of such license, any special or temporary authorization to permit interim operation to facilitate completion of authorized construction or to provide substantially the same service as would be authorized by such license. ( 4 ) Extension of time to complete construction of authorized facilities. ( 5 ) An authorization of facilities for remote pickup or studio links for use in the operation of a broadcast station. ( 6 ) Authorization pursuant to section 325(c) of the Communications Act (Studio Delivering Programs to a Foreign Station) where the programs to be transmitted are special events not of a continuing nature. ( 7 ) An authorization under any of the proviso clauses of section 308(a) of the Communications Act concerning applications for and conditions in licenses. ( e ) Certification of local public notice. ( 1 ) The applicant must certify in the appropriate application that it will comply with the public notice requirements set forth in paragraph (c) of this section. ( 2 ) An applicant for renewal of a license that is required to maintain an online public inspection file shall, within seven (7) days of the last day of broadcast of the required on-air announcements, place in its online public inspection file a statement certifying compliance with this section, along with the dates and times that the on-air announcements were broadcast. An applicant for renewal of a license that is required to maintain an online public inspection file, and that is not broadcasting during all or a portion of the period during which on-air announcements are required to be broadcast, as set forth in paragraph (b)(1)(vi) of this section, shall, within seven (7) days of the last on-air announcement or last day of posting online notice, whichever occurs last, place in its online public inspection file a statement certifying compliance with this section, along with the dates and times that any on-air announcements were broadcast, along with the dates and times that online notice was posted and the Universal Resource Locator (URL) of the internet website on which online notice was posted. This certification need not be filed with the Commission but shall be retained in the online public inspection file for as long as the application to which it refers. ( f ) Time for acting on applications. Applications (as originally filed or amended) will be acted upon by the FCC no sooner than 30 days following release of the acceptance public notice, except as otherwise permitted in § 73.3542 or § 73.1635 . [ 85 FR 36794 , June 18, 2020, as amended at 86 FR 14851 , Mar. 19, 2021; 88 FR 21448 , Apr. 10, 2023; 89 FR 1477 , Jan. 10, 2024] § 73.3584 Procedure for filing petitions to deny. ( a ) For mutually exclusive applications subject to selection by competitive bidding (non-reserved channels) or fair distribution/point system (reserved channels), petitions to deny may be filed only against the winning bidders or tentative selectee(s), and such petitions will be governed by §§ 73.5006 and 73.7004 , respectively. For all other applications the following rules will govern. Except in the case of applications for new low power TV and TV translator stations, for major changes in the existing facilities of such stations, or for applications for a change in output channel tendered by displaced low power TV and TV translator stations pursuant to § 73.3572(a)(1) , any party in interest may file with the Commission a Petition to Deny any application (whether as originally filed or if amended so as to require a new file number pursuant to § 73.3571(j) , § 73.3572(b) , § 73.3573(b) , § 73.3574(b) or § 73.3578 ) for which local notice pursuant to § 73.3580 is required, provided such petitions are filed prior to the day such applications are granted or designated for hearing; but where the FCC issues a public notice pursuant to the provisions of § 73.3571(c) , § 73.3572(c) or § 73.3573(d) , establishing a “cut-off” date, such petitions must be filed by the date specified. In the case of applications for transfers and assignments of construction permits or station licenses, Petitions to Deny must be filed not later than 30 days after issuance of a public notice of the acceptance for filing of the applications. In the case of applications for renewal of license, Petitions to Deny may be filed at any time up to the deadline established in § 73.3516(e) . Requests for extension of time to file Petitions to Deny applications for new broadcast stations or major changes in the facilities of existing stations or applications for renewal of license will not be granted unless all parties concerned, including the applicant, consent to such requests, or unless a compelling showing can be made that unusual circumstances make the filing of a timely petition impossible and the granting of an extension warranted. ( b ) Except in the case of applications for new low power TV or TV translator stations, or for major changes in the existing facilities of such stations, the applicant may file an opposition to any Petition to Deny, and the Petitioner a reply to such opposition in which allegations of fact or denials thereof shall be supported by affidavit of a person or persons with personal knowledge thereof. The times for filing such oppositions and replies shall be those provided in § 1.45 except that as to a Petition to Deny an application for renewal of license, an opposition thereto may be filed within 30 days after the Petition to Deny is filed, and the party that filed the Petition to Deny may reply to the opposition within 20 days after opposition is due or within 20 days after the opposition is filed, whichever is longer. The failure to file an opposition or a reply will not necessarily be construed as an admission of fact or argument contained in a pleading. ( c ) In the case of applications for new low power TV and TV translator stations, for major changes in the existing facilities of such stations, or for applications for a change in output channel tendered by displaced low power TV and TV translator stations pursuant to § 73.3572(a)(1) , any party in interest may file with the FCC a Petition to Deny any application (whether as originally filed or if amended so as to require a new file number pursuant to § 73.3572(b) ) for which local notice pursuant to § 73.3580 is required, provided such petitions are filed within 30 days of the FCC Public Notice proposing the application for grant (applicants may file oppositions within 15 days after the Petition to Deny is filed); but where the FCC selects a tentative permittee pursuant to Section 1.1601 et seq., Petitions to Deny shall be accepted only if directed against the tentative selectee and filed after issuance of and within 15 days of FCC Public Notice announcing the tentative selectee. The applicant may file an opposition within 15 days after the Petition to Deny is filed. In cases in which the minimum diversity preference provided for in § 1.1623(f)(1) has been applied, an “objection to diversity claim” and opposition thereto, may be filed against any applicant receiving a diversity preference, within the same time period provided herein for Petitions and Oppositions. In all pleadings, allegations of fact or denials thereof shall be supported by appropriate certification. However, the FCC may announce, by the Public Notice announcing the acceptance of the last-filed mutually exclusive application, that a notice of Petition to Deny will be required to be filed no later than 30 days after issuance of the Public Notice. ( d ) A party in interest may file a Petition to Deny any application that proposes reclassification of a Class C authorization to Class C0 not later than 30 days after issuance of an order to show cause by the Commission notifying the affected licensee of the proposed reclassification. ( e ) Untimely Petitions to Deny, as well as other pleadings in the nature of a Petition to Deny, and any other pleadings or supplements which do not lie as a matter of law or are otherwise procedurally defective, are subject to return by the FCC's staff without consideration. [ 48 FR 27206 , June 13, 1983, as amended at 52 FR 31401 , Aug. 20, 1987; 53 FR 2499 , Jan. 28, 1988; 55 FR 28914 , July 16, 1990; 61 FR 18291 , Apr. 25, 1996; 65 FR 36379 , June 8, 2000; 65 FR 79780 , Dec. 20, 2000; 89 FR 7261 , Feb. 1, 2024] § 73.3587 Procedure for filing informal objections. Before FCC action on any application for an instrument of authorization, any person may file informal objections to the grant in LMS. Such objections may be submitted in letter form (without extra copies) and shall be signed. The limitation on pleadings and time for filing pleadings provided for in § 1.45 of this chapter shall not be applicable to any objections duly filed under this section. [ 89 FR 7261 , Feb. 1, 2024] § 73.3588 Dismissal of petitions to deny or withdrawal of informal objections. ( a ) Whenever a petition to deny or an informal objection has been filed against any application, and the filing party seeks to dismiss or withdraw the petition to deny or the informal objection, either unilaterally or in exchange for financial consideration, that party must file with the Commission a request for approval of the dismissal or withdrawal, a copy of any written agreement related to the dismissal or withdrawal, and an affidavit setting forth: ( 1 ) A certification that neither the petitioner nor its principals has received or will receive any money or other consideration in excess of legitimate and prudent expenses in exchange for the dismissal or withdrawal of the petition to deny; ( 2 ) The exact nature and amount of any consideration received or promised; ( 3 ) An itemized accounting of the expenses for which it seeks reimbursement; and ( 4 ) The terms of any oral agreement related to the dismissal or withdrawal of the petition to deny. In addition, within 5 days of petitioner's request for approval, each remaining party to any written or oral agreement must submit an affidavit setting forth: ( 5 ) A certification that neither the applicant nor its principals had paid or will pay money or other consideration in excess of the legitimate and prudent expenses of the petitioner in exchange for dismissing or withdrawing the petition to deny; and ( 6 ) The terms of any oral agreement relating to the dismissal or withdrawal of the petition to deny. ( b ) Citizens' agreements. For purposes of this section, citizens agreements include agreements arising whenever a petition to deny or informal objection has been filed against any application and the filing party seeks to dismiss or withdraw the petition or objection in exchange for nonfinancial consideration (e.g., programming, ascertainment or employment initiatives). The parties to such an agreement must file with the Commission a joint request for approval of the agreement, a copy of any written agreement, and an affidavit executed by each party setting forth: ( 1 ) Certification that neither the petitioner, nor any person or organization related to the petitioner, has received or will receive any money or other consideration in connection with the citizens' agreement other than legitimate and prudent expenses incurred in prosecuting the petition to deny; ( 2 ) Certification that neither the petitioner, nor any person or organization related to petitioner is or will be involved in carrying out, for a fee, any programming, ascertainment, employment or other non-financial initiative referred to in the citizens' agreement; and ( 3 ) The terms of any oral agreement. ( c ) For the purposes of this section: ( 1 ) Affidavits filed pursuant to this section shall be executed by the applicant, permittee or licensee, if an individual; a partner having personal knowledge of the facts, if a partnership; or an officer having personal knowledge of the facts, if a corporation or association. ( 2 ) A petition shall be deemed to be pending before the Commission from the time a petition is filed with the Commission until an order of the Commission granting or denying the petition is no longer subject to reconsideration by the Commission or to review by any court. ( 3 ) “Legitimate and prudent expenses” are those expenses reasonably incurred by a petitioner in preparing, filing, and prosecuting its petition for which reimbursement is being sought. ( 4 ) “Other consideration” consists of financial concessions, including but not limited to the transfer of assets or the provision of tangible pecuniary benefit, as well as non-financial concessions that confer any type of benefit on the recipient. [ 54 FR 22598 , May 25, 1989. Redesignated and amended at 55 FR 28914 , July 16, 1990] § 73.3589 Threats to file petitions to deny or informal objections. ( a ) No person shall make or receive any payments in exchange for withdrawing a threat to file or refraining from filing a petition to deny or an informal objection. For the purposes of this section, reimbursement by an applicant of the legitimate and prudent expenses of a potential petitioner or objector incurred reasonably and directly in preparing to file a petition to deny will not be considered to be payment for refraining from filing a petition to deny or informal objection. Payments made directly to a potential petitioner or objector, or a person related to a potential petitioner or objector, to implement nonfinancial promises are prohibited unless specifically approved by the Commission. ( b ) Whenever any payment is made in exchange for withdrawing a threat to file or refraining from filing a petition to deny or informal objection, the licensee must file with the Commission a copy of any written agreement related to the dismissal or withdrawal, and an affidavit setting forth: ( 1 ) Certification that neither the would-be petitioner, nor any person or organization related to the would-be petitioner, has received or will receive any money or other consideration in connection with the citizens' agreement other than legitimate and prudent expenses reasonably incurred in preparing to file the petition to deny; ( 2 ) Certification that unless such arrangement has been specifically approved by the Commission, neither the would-be petitioner, nor any person or organization related to the would-be petitioner, is or will be involved in carrying out, for a fee, any programming ascertainment, employment or other nonfinancial initiative referred to in the citizens' agreement; and ( 3 ) The terms of any oral agreement. ( c ) For purposes of this section: ( 1 ) Affidavits filed pursuant to this section shall be executed by the licensee, if an individual; a partner having personal knowledge of the facts, if a partnership; or an officer having personal knowledge of the facts, if a corporation or association. ( 2 ) “Legitimate and prudent expenses” are those expenses reasonably incurred by a would-be petitioner in preparing to file its petition for which reimbursement is being sought. ( 3 ) “Other consideration” consists of financial concessions, including but not limited to the transfer of assets or the provision of tangible pecuniary benefit, as well as non-financial concessions that confer any type of benefit on the recipient. [ 55 FR 28914 , July 16, 1990] § 73.3591 Grants without hearing. ( a ) Except for renewal applications filed after May 1, 1995 which will be subject to paragraph (d) of this section, in the case of any application for an instrument of authorization, other than a license pursuant to a construction permit, the FCC will make the grant if it finds (on the basis of the application, the pleadings filed or other matters which it may officially notice) that the application presents no substantial and material question of fact and meets the following requirements: ( 1 ) There is not pending a mutually exclusive application filed in accordance with paragraph (b) of this section; ( 2 ) The applicant is legally, technically, financially, and otherwise qualified; ( 3 ) The applicant is not in violation of provisions of law, the FCC rules, or established policies of the FCC; and ( 4 ) A grant of the application would otherwise serve the public interest, convenience and necessity. ( b ) In making its determinations pursuant to the provisions of paragraph (a) of this section, the FCC will not consider any other application, or any application if amended so as to require a new file number, as being mutually exclusive or in conflict with the application under consideration unless such other application was substantially complete, and tendered for filing by: ( 1 ) The close of business on the day preceding the day designated by Public Notice as the day the listed application is to be available and ready for processing; ( 2 ) The date prescribed in § 73.3516(e) in the case of applications which are mutually exclusive with applications for renewal of license of broadcast stations; or ( 3 ) The close of business on the day designated by the FCC pursuant to § 73.3564(d) as the date(s) for filing low power TV or TV translator applications. ( c ) If a petition to deny the application has been filed in accordance with § 73.3584 and the FCC makes the grant in accordance with paragraph (a) of this section, the FCC will deny the petition and issue a concise statement setting forth the reasons for denial and disposing of all substantial issues raised by the petition. ( d ) Renewal applications filed after May 1, 1995 will be governed by the criteria established in 47 U.S.C. § 309(k) . [ 44 FR 38507 , July 2, 1979, as amended at 50 FR 47844 , Dec. 7, 1984; 59 FR 31557 , June 20, 1994; 61 FR 18291 , Apr. 25, 1996] § 73.3592 Conditional grant. ( a ) Where a grant of an application would preclude the grant of any application or applications mutually exclusive with it, the FCC may, if the public interest will be served thereby, make a conditional grant of one of the applications and designate all of the mutually exclusive applications for hearing. Such conditional grant will be made upon the express condition that such grant is subject to being withdrawn if, at the hearing, it is shown that public interest will be better served by a grant of one of the other applications. Such conditional grants will be issued only where it appears: ( 1 ) That some or all of the applications were not filed in good faith but were filed for the purpose of delaying or hindering the grant of another application; or ( 2 ) That public interest requires the prompt establishment of broadcast service in a particular community or area; or ( 3 ) That a grant of one or more applications would be in the public interest, and that a delay in making a grant to any applicant until after the conclusion of a hearing on all applications might jeopardize the rights of the United States under the provisions of international agreement to the use of the frequency in question; or ( 4 ) That a grant of one application would be in the public interest, and that it appears from an examination of the remaining applications that they cannot be granted because they are in violation of provisions of the Communications Act, other statutes, or the provisions of the FCC rules. ( b ) When two or more applications for the same AM, FM or TV assignment have been designated for hearing, the FCC may, if the public interest will be served thereby, make a conditional grant to a group composed of any two or more of the competing applicants, such grant to terminate when the successful applicant commences operation under the terms of a regular authorization. No conditional grant will be made unless all of the competing applicants have been afforded a reasonable opportunity to participate in the group seeking the conditional grant. In its application, the group shall include a special showing as to the need for the service pending operation by the successful applicant under the terms of a regular authorization; the effect, if any, of a grant on the position of any applicant which is not a member of the group; and any other factors which are deemed pertinent to the public interest judgment. [ 44 FR 38507 , July 2, 1979] § 73.3593 Designation for hearing. If the FCC is unable, in the case of any application for an instrument of authorization, to make the findings specified in § 73.3591(a) , it will formally designate the application for hearing on the grounds or reasons then obtaining and will forthwith notify the applicant and all known parties in interest of such action and the grounds and reasons therefor, specifying with particularity the matters and things in issue but not including issues or requirements phrased generally. If, however, the issue to be resolved is limited to the mutual exclusivity of applications for initial authorizations or for major changes to existing stations, that mutual exclusivity shall be resolved pursuant to competitive bidding procedures identified in subpart I (unreserved channels) or point system procedures identified in subpart K (reserved channels). [ 65 FR 36379 , June 8, 2000] § 73.3594 Local public notice of designation for hearing. ( a ) When an application subject to the provisions of § 73.3580 is designated for hearing, the applicant shall give notice of such designation as follows: ( 1 ) On-air announcement. The applicant (except an applicant filing an application for an International broadcast, low power TV, TV translator, FM translator, and FM booster station) shall broadcast an on-air announcement of the designation of an application for hearing over its radio or television station as follows: ( i ) Content. The on-air announcement shall be in the following form: On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an application with the Federal Communications Commission for [TYPE OF APPLICATION]. On [DATE], the Commission designated the application for an evidentiary hearing on certain issues. Members of the public wishing to view the Hearing Designation Order and list of issues can visit [URL OF INTERNET WEBSITE MAINTAINED BY THE STATION, THE LICENSEE/PERMITTEE, OR THE LICENSEE/PERMITTEE'S PARENT ENTITY, OR OTHER PUBLICLY ACCESSIBLE WEBSITE], and click the link in the “Hearing Designation Order” notice. Television broadcast stations (commercial and noncommercial educational), in presenting on-air announcements, must use visuals [with the full text of the on-air announcement] when this information is being orally presented by the announcer. ( ii ) Frequency of broadcast. The on-air announcements shall be broadcast a total of six (6) times, once per week for four consecutive weeks. ( iii ) Commencement of broadcast. The first broadcast of the on-air announcement shall occur no earlier than the date of release of the Hearing Designation Order, Order to Show Cause, or other order designating issues for hearing, and no later than the fifth business day following release of said order. ( iv ) Time of broadcast. The on-air announcements shall be broadcast between the hours of 7:00 a.m. and 11:00 p.m. local time at the applicant station's community of license, Monday through Friday. ( v ) Language of broadcast. A station broadcasting primarily in a foreign language shall broadcast the announcements in that language. ( 2 ) Online notice. The applicant shall also post an online notice of the designation of an application for hearing conspicuously on an internet website as follows: ( i ) Content. The online notice shall be in the following form: HEARING DESIGNATION ORDER On [DATE], [APPLICANT NAME], licensee of [STATION CALL SIGN], [STATION FREQUENCY], [STATION COMMUNITY OF LICENSE], filed an application with the Federal Communications Commission for [TYPE OF APPLICATION]. On [DATE], the Commission designated the application for an evidentiary hearing on the following issues: [LIST OF ISSUES IN THE HEARING AS LISTED IN THE FCC's ORDER OR SUMMARY OF DESIGNATION FOR HEARING]. Members of the public wishing to view the Hearing Designation Order or to file comments can visit [INSERT HYPERLINK TO THE HEARING DESIGNATION ORDER, ORDER TO SHOW CAUSE, OR OTHER ORDER DESIGNATING THE APPLICATION FOR HEARING, ON THE FCC's INTERNET WEBSITE]. ( ii ) Site. ( A ) The applicant shall post online notice by posting a conspicuous link or tab labeled “FCC Hearing” on an applicant-affiliated website, as defined in paragraph (a)(2) of this section. The link or tab will link directly to a page containing only the online notice text referenced in paragraph (b)(2)(i) of this section. The applicant shall post online notice on one of the following internet websites, to the extent such websites are maintained, in order of priority: ( 1 ) The applicant station's internet website; ( 2 ) The applicant's internet website; or ( 3 ) The applicant's parent entity's internet website. ( B ) If the applicant does not maintain an internet website for the station or itself, or if the applicant's parent entity does not maintain an internet website, the applicant shall post online notice on an internet website: ( 1 ) That is accessible to members of the public without registration or payment requirements, or any other requirement that the user provide information, or response to a survey or questionnaire in exchange for being able to access information on the website; and ( 2 ) That is locally targeted to the area served and/or to be served by the applicant station (e.g., local government internet website, local community bulletin board internet website, state broadcasters' association internet website). ( iii ) Commencement of posting. The online notice shall be posted no earlier than the date of release of the Hearing Designation Order, Order to Show Cause, or other order designating issues for hearing, and no later than the fifth business day following release of said order. ( iv ) Length of posting. The online notice must be posted for a minimum of 30 consecutive days. ( b ) Within seven (7) days of the last day of broadcast of the notice required by paragraph (a)(1) of this section, the applicant shall file a an original statement and one copy with the Secretary of the Commission setting forth the dates and times on which the on-air announcements were made, the date the online notice was first posted, and the Universal Resource Locator (URL) address of the internet website on which online notice is posted. ( c ) The failure to comply with the provisions of this section is cause for dismissal of an application with prejudice. However, upon a finding that applicant has complied (or proposes to comply) with the provisions of section 311(a)(2) of the Communications Act, and that the public interest, convenience, and necessity will be served thereby, the presiding officer may authorize an applicant, upon a showing of special circumstances, to give notice in a manner other than that prescribed by this section; may accept notice that is given in a manner which does not conform strictly in all respects with the provisions of this section; or may extend the time for giving notice. [ 85 FR 36797 , June 18, 2020] § 73.3597 Procedures on transfer and assignment applications. ( a ) If, upon the examination of an application for FCC consent to an assignment of a broadcast construction permit or license or for a transfer of control of a corporate permittee or licensee, it appears that the station involved has been operated on-air by the current licensee or permittee for less than one year, the application will be designated for hearing on appropriate issues unless the FCC is able to find that: ( 1 ) The permit or license was not authorized either through the Minority Ownership Policy or after a comparative hearing or, in the case of low power TV and TV translator stations, the permit or license was not authorized after a lottery in which the permittee or licensee benefited from minority or diversity preferences; ( 2 ) The application involves an FM translator station or FM booster station only; ( 3 ) The application involves a pro forma assignment or transfer of control; or ( 4 ) The assignor or transferor has made an affirmative factual showing, supported by affidavits of a person or persons with personal knowledge thereof, which establishes that, due to unavailability of capital, to death or disability of station principals, or to other changed circumstances affecting the licensee or permittee occurring subsequent to the acquisition of the license or permit, FCC consent to the proposed assignment or transfer of control will serve the public interest, convenience and necessity. ( 5 ) the assignee or transferee has made an affirmative factual showing, supported by affidavits of a person or persons with personal knowledge thereof, which established that the proposed transaction would involve an assignment or transfer to a minority-owned or minority controlled entity in furtherance of our Minority Ownership Policy. ( b ) ( 1 ) The commencement date of the one-year period set forth in paragraph (a) of this section shall be the date on which the station initiated program tests in accordance with § 73.1620 or § 74.14 . ( 2 ) In determining whether the station has been operating on-air for one year, the FCC will calculate the period between the date of initiation of program tests (as specified in paragraph (b)(1) of this section) and the date the application for transfer or assignment is tendered for filing with the FCC. ( c ) ( 1 ) As used in paragraphs (c) and (d) of this section: ( i ) Unbuilt station refers to an AM, FM, or TV broadcast station or a low power TV or TV translator station for which a construction permit is outstanding, and, regardless of the stage of physical completion, as to which program tests have not commenced or, if required, been authorized. ( ii ) Seller includes the assignor(s) of a construction permit for an unbuilt station, the transferor(s) of control of the holder of such construction permit, and any principal or such assignor(s) or transferor(s) who retains an interest in the permittee or acquires or reacquires such interest within 1 year after commencing program tests. ( iii ) The provisions of paragraphs (c) and (d) of this section apply only to mutually exclusive noncommercial educational applications filed on or after the release of the Report and Order in MM Docket 98-43, where the construction permit is issued pursuant to settlement agreement. ( 2 ) The FCC will not consent to the assignment or transfer of control of the construction permit of an unbuilt station if the agreements or understandings between the parties provide for, or permit, payment to the seller of a sum in excess of the aggregate amount clearly shown to have been legitimately and prudently expended and to be expended by the seller, solely for preparing, filing, and advocating the grant of the construction permit for the station, and for other steps reasonably necessary toward placing the station in operation. ( 3 ) ( i ) Applications for consent to the assignment of a construction permit or transfer of control shall, in the case of unbuilt stations, be accompanied by declarations both by the assignor (or transferor) and by the assignee (or transferee) that, except as clearly disclosed in detail in the applications, there are no agreements or understandings for reimbursement of the seller's expenses or other payments to the seller, for the seller's retention of any interest in the station, for options or any other means by which the seller may acquire such an interest, or for any other actual or potential benefit to the seller in the form of loans, the subsequent repurchase of the seller's retained interest, or otherwise. ( ii ) When the seller is to receive reimbursement of his expenses, the applications of the parties shall include an itemized accounting of such expenses, together with such factual information as the parties rely upon for the requisite showing that those expenses represent legitimate and prudent outlays made solely for the purposes allowable under paragraph (c)(2) of this section. ( d ) ( 1 ) Whenever an agreement for the assignment of the construction permit of an unbuilt station or for the transfer of control of the permittee of an unbuilt station, or any arrangement or understanding incidental thereto, provides for the retention by the seller of any interest in the station, or for any other actual or potential benefit to the seller in the form of loans or otherwise, the question is raised as to whether the transaction involves actual or potential gain to the seller over and above the legitimate and prudent out-of-pocket expenses allowable under paragraph (c)(2) of this section. In such cases the FCC will designate the assignment or transfer applications for evidentiary hearing. However, a hearing is not mandatory in cases coming within paragraph (d)(2) of this section. ( 2 ) It is not intended to forbid the seller to retain an equity interest in an unbuilt station which he is transferring or assigning if the seller obligates himself, for the period ending 1 year after commencing program tests, to provide that part of the total capital made available to the station, up to the end of that period, which is proportionate to the seller's equity share in the permittee, taking into account equity capital, loan capital, and guarantees of interest and amortization payments for loan capital provided by the seller before the transfer or assignment. This condition will be satisfied: ( i ) In the case of equity capital: By paid-in cash capital contributions proportionate to the seller's equity share; ( ii ) In cases where any person who has an equity interest in the permittee provides loan capital: By the seller's provision of that part of the total loan capital provided by equity holders which is proportionate to the seller's equity share; and ( iii ) In cases where any person cosigns or otherwise guarantees payments under notes given for loan capital provided by nonequity holders: By similar guarantees by the seller covering that part of such payments as is proportionate to the seller's equity share. However, this condition shall not be deemed to be met if the guarantees given by persons other than the seller cover, individually or collectively, a larger portion of such payments than the ratio of the combined equities of persons other than the seller to the total equity. ( 3 ) In cases which are subject to the requirements of paragraphs (d)(2) (i) , (ii) and (iii) of this section: ( i ) The assignee's (or transferee's) application shall include a showing of the anticipated capital needs of the station through the first year of its operation and the seller's financial capacity to comply with the above requirements, in the light of such anticipated capital needs. ( ii ) The FCC will determine from its review of the applications whether a hearing is necessary to ensure compliance with the above requirements. ( iii ) Compliance with the above requirements will be subject to review by the FCC at any time, either when considering subsequently filed applications or whenever the FCC may otherwise find it desirable. ( iv ) Within 30 days after any time when a seller is required to provide equity or loan capital or execute guarantees, the permittee shall furnish the FCC a written report containing sufficient details as to the sources and amounts of equity capital paid in, loan capital made available, or guarantees obtained as to enable the FCC to ascertain compliance with the above requirements. ( v ) No steps shall be taken by the permittee to effectuate arrangements for the provision of equity or loan capital from sources not previously identified and disclosed to the FCC, until 30 days after the permittee has filed with the FCC a report of such arrangements and of provisions made for the seller's compliance with the above requirement. ( vi ) The provisions of paragraphs (d)(3) (iv) and (v) of this section shall cease to apply 1 year after commencing program tests. ( 4 ) Applications subject to this paragraph (d) of this section will, in any event, be designated for evidentiary hearing in any case where the agreements, arrangements or understandings with the seller provide for the seller's option to acquire equity in the station or to increase equity interests he retains at the time of the assignment or transfer of control. An evidentiary hearing will similarly be held in any case in which the assignee(s), transferee(s) or any of their principals, or any person in privity therewith, has an option to purchase all or part of the seller's retained or subsequently acquired equity interests in the station. [ 44 FR 38509 , July 2, 1979, as amended at 47 FR 24580 , June 7, 1982; 47 FR 55930 , Dec. 14, 1982; 48 FR 9012 , Mar. 3, 1983; 48 FR 27207 , June 13, 1983; 50 FR 6946 , Feb. 19, 1985; 53 FR 36787 , Sept. 22, 1988; 63 FR 70050 , Dec. 18, 1998] § 73.3598 Period of construction. ( a ) Except as provided in the last two sentences of this paragraph (a) , each original construction permit for the construction of a new TV, AM, FM or International Broadcast; low power TV; low power FM; TV translator; FM translator; or FM booster station, or to make changes in such existing stations, shall specify a period of three years from the date of issuance of the original construction permit within which construction shall be completed and application for license filed. An eligible entity that acquires an issued and outstanding construction permit for a station in any of the services listed in this paragraph (a) shall have the time remaining on the construction permit or eighteen months from the consummation of the assignment or transfer of control, whichever is longer, within which to complete construction and file an application for license. For purposes of the preceding sentence, an “eligible entity” shall include any entity that qualifies as a small business under the Small Business Administration's size standards for its industry grouping, as set forth in 13 CFR parts 121 through 201 , at the time the transaction is approved by the FCC, and holds: ( 1 ) 30 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will hold the construction permit; or ( 2 ) 15 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will hold the construction permit, provided that no other person or entity owns or controls more than 25 percent of the outstanding stock or partnership interests; or ( 3 ) More than 50 percent of the voting power of the corporation that will hold the construction permit if such corporation is a publicly traded company. ( b ) The period of construction for an original construction permit shall toll when construction is prevented by the following causes not under the control of the permittee: ( 1 ) Construction is prevented due to an act of God, defined in terms of natural disasters (e.g., floods, tornados, hurricanes, or earthquakes); ( 2 ) The grant of the permit is the subject of administrative or judicial review ( i.e. , petitions for reconsideration and applications for review of the grant of a construction permit pending before the Commission and any judicial appeal of any Commission action thereon), or construction is delayed by any cause of action pending before any court of competent jurisdiction relating to any necessary local, state or federal requirement for the construction or operation of the station, including any zoning or environmental requirement; ( 3 ) [Reserved] ( 4 ) A request for international coordination, with respect to a construction permit for stations in the Low Power FM service, on FM channels reserved for noncommercial educational use, and for noncommercial educational full power television stations, has been sent to Canada or Mexico on behalf of the station and no response from the country affected has been received; or ( 5 ) Failure of a Commission-imposed condition precedent prior to commencement of operation. ( c ) A permittee must notify the Commission as promptly as possible and, in any event, within 30 days, of any pertinent event covered by paragraph (b) of this section, and provide supporting documentation. All notifications must be filed in LMS and must be placed in the station's local public file. For authorizations to construct stations in the Low Power FM service, on FM channels reserved for noncommercial educational use, and for noncommercial educational full power television stations, the Commission will identify and grant an initial period of tolling when the grant of a construction permit is encumbered by administrative or judicial review under the Commission's direct purview (e.g., petitions for reconsideration and applications for review of the grant of a construction permit pending before the Commission and any judicial appeal of any Commission action thereon), a request for international coordination under paragraph (b)(4) of this section, or failure of a condition under paragraph (b)(5) of this section. When a permit is encumbered by administrative or judicial review outside of the Commission's direct purview (e.g., local, state, or non-FCC Federal requirements), the permittee is required to notify the Commission of such tolling events. ( d ) A permittee must notify the Commission promptly when a relevant administrative or judicial review is resolved. Tolling resulting from an act of God will automatically cease six months from the date of the notification described in paragraph (c) of this section, unless the permittee submits additional notifications at six-month intervals detailing how the act of God continues to cause delays in construction, any construction progress, and the steps it has taken and proposes to take to resolve any remaining impediments. For authorizations to construct stations in the Low Power FM service, on FM channels reserved for noncommercial educational use, and for noncommercial educational full power television stations, the Commission will cease the tolling treatment and notify the permittee upon resolution of either: ( 1 ) Any encumbrance by administrative or judicial review of the grant of the construction permit under the Commission's direct purview; ( 2 ) The request for international coordination under paragraph (b)(4) of this section; or ( 3 ) The condition on the commencement of operations under paragraph (b)(5) of this section. ( e ) Any construction permit for which construction has not been completed and for which an application for license has not been filed, shall be automatically forfeited upon expiration without any further affirmative cancellation by the Commission. [ 63 FR 70050 , Dec. 18, 1998, as amended at 65 FR 7648 , Feb. 15, 2000; 68 FR 12761 , Mar. 17, 2003; 69 FR 53352 , Sept. 1, 2004; 73 FR 5684 , Jan. 30, 2008; 73 FR 28369 , May 16, 2008; 74 FR 8879 , Feb. 27, 2009; 85 FR 7890 , Feb. 12, 2020; 89 FR 7261 , Feb. 1, 2024] § 73.3601 Simultaneous modification and renewal of license. When an application is granted by the FCC necessitating the issuance of a modified license less than 60 days prior to the expiration date of the license sought to be modified, and an application for renewal of the license is granted subsequent or prior thereto (but within 30 days of expiration of the present license), the modified license as well as the renewal license shall be issued to conform to the combined action of the FCC. [ 44 FR 38511 , July 2, 1979] § 73.3603 Special waiver procedure relative to applications. ( a ) In the case of any broadcast applications designated for hearing, the parties may request the FCC to grant or deny an application upon the basis of the information contained in the applications and other papers specified in paragraph (b) of this section without the presentation of oral testimony. Any party desiring to follow this procedure should execute and file with the FCC a waiver in accordance with paragraph (e) of this section, and serve copies on all other parties, or a joint waiver may be filed by all the parties. Upon the receipt of waivers from all parties to a proceeding, the FCC will decide whether the case is an appropriate one for determination without the presentation of oral testimony. If it is determined by the FCC that, notwithstanding the waivers, the presentation of oral testimony is necessary, the parties will be so notified and the case will be retained on the hearing docket. If the FCC concludes that the case can appropriately be decided without the presentation of oral testimony, the record will be considered as closed as of the date the waivers of all the parties were first on file with the FCC. ( b ) In all cases considered in accordance with this procedure, the FCC will decide the case on the basis of the information contained in the applications and in any other papers pertaining to the applicants or applications which are open to public inspection and which were on file with the FCC when the record was closed. The FCC may call upon any party to furnish any additional information which the FCC deems necessary to a proper decision. Such information shall be served upon all parties. The waiver previously executed by the parties shall be considered in effect unless within 10 days of the service of such information the waiver is withdrawn. ( c ) Any decision by the FCC rendered pursuant to this section will be in the nature of a final decision, unless otherwise ordered by the FCC. ( d ) By agreeing to the waiver procedure prescribed in this section, no party shall be deemed to waive the right to petition for reconsideration or rehearing, or to appeal to the courts from any adverse final decision of the FCC. ( e ) The waiver provided for by this section shall be in the following form: Waiver Name of applicant Call letters Docket No. The undersigned hereby requests the FCC to consider its application and grant or deny it in accordance with the procedure prescribed in § 73.3603 of the FCC's rules and regulations. It is understood that all the terms and provisions of ____ are incorporated in this waiver. [ 44 FR 38511 , July 2, 1979] § 73.3605 Retention of applications in hearing status after designation for hearing. ( a ) After an application for a broadcast facility is designated for hearing, it will be retained in hearing status upon the dismissal or amendment and removal from hearing of any other application or applications with which it has been consolidated for hearing. ( b ) Where any applicants for a broadcast facility file a request pursuant to § 73.3525(a) for approval of an agreement to remove a conflict between their applications, the applications will be retained in hearing status pending such proceedings on the joint request as may be ordered and such action thereon as may be taken. ( 1 ) If further hearing is not required on issues other than those arising out of the agreement, the proceeding shall be terminated and appropriate disposition shall be made of the applications. ( 2 ) Where further hearing is required on issues unrelated to the agreement, the presiding officer shall continue to conduct the hearing on such other issues pending final action on the agreement, but the record in the proceeding shall not be closed until such final action on the agreement has been taken. ( 3 ) In any case where a conflict between applications will be removed by an agreement for an engineering amendment to an application, the amended application shall be removed from hearing status upon final approval of the agreement and acceptance of the amendment. ( c ) An application for a broadcast facility which has been designated for hearing and which is amended so as to eliminate the need for hearing or further hearing on the issues specified, other than as provided for in paragraph (b) of this section, will be removed from hearing status. [ 44 FR 38511 , July 2, 1979] § 73.3612 Annual employment report. Each licensee or permittee of a commercially or noncommercially operated AM, FM, TV, Class A TV or International Broadcast station with five or more full-time employees shall file an annual employment report with the FCC on or before September 30 of each year on FCC Form 395-B. Data concerning the gender, race and ethnicity of a broadcast station's workforce collected in the annual employment report will be used only for purposes of analyzing industry trends and making reports to Congress. Such data will not be used for the purpose of assessing any aspect of an individual broadcast licensee's or permittee's compliance with the nondiscrimination or equal employment opportunity requirements of § 73.2080 . Compliance with this section will not be required until this sentence is removed or contains a compliance date, which will not occur until after the Office of Management and Budget completes review of any information collection requirements pursuant to the Paperwork Reduction Act or until after the Office of Management and Budget determines that such review is not required. [ 89 FR 36718 , May 3, 2024] § 73.3613 Availability to FCC of station contracts. Each licensee or permittee of a commercial or noncommercial AM, FM, TV or International broadcast station shall provide the FCC with copies of the following contracts, instruments, and documents together with amendments, supplements, and cancellations (with the substance of oral contracts reported in writing), within 7 days of a request by the FCC. ( a ) Network service: Network affiliation contracts between stations and networks will be reduced to writing and filed upon request as follows: ( 1 ) All network affiliation contracts, agreements, or understandings between a TV broadcast or low power TV station and a national network. For the purposes of this paragraph the term network means any person, entity, or corporation which offers an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more states; and/or any person, entity, or corporation controlling, controlled by, or under common control with such person, entity, or corporation. ( 2 ) Each such filing shall consist of all of the terms and conditions of such contract, agreement or understanding, including any other paper or document incorporated by reference or otherwise. ( b ) Ownership or control: Contracts, instruments or documents relating to the present or future ownership or control of the licensee or permittee or of the licensee's or permittee's stock, rights or interests therein, or relating to changes in such ownership or control shall include but are not limited to the following: ( 1 ) Articles of partnership, association, and incorporation, and changes in such instruments; ( 2 ) Bylaws, and any instruments effecting changes in such bylaws; ( 3 ) Any agreement, document or instrument providing for the assignment of a license or permit, or affecting, directly or indirectly, the ownership or voting rights of the licensee's or permittee's stock (common or preferred, voting or nonvoting), such as: ( i ) Agreements for transfer of stock; ( ii ) Instruments for the issuance of new stock; or ( iii ) Agreements for the acquisition of licensee's or permittee's stock by the issuing licensee or permittee corporation, pledges, trust agreements or abstracts thereof, options to purchase stock and other executory agreements. Should the FCC request an abstract of the trust agreement in lieu of the trust agreement, the licensee or permittee will submit the following information concerning the trust: ( A ) Name of trust; ( B ) Duration of trust; ( C ) Number of shares of stock owned; ( D ) Name of beneficial owner of stock; ( E ) Name of record owner of stock; ( F ) Name of the party or parties who have the power to vote or control the vote of the shares; and ( G ) Any conditions on the powers of voting the stock or any unusual characteristics of the trust. ( 4 ) Proxies with respect to the licensee's or permittee's stock running for a period in excess of 1 year, and all proxies, whether or not running for a period of 1 year, given without full and detailed instructions binding the nominee to act in a specified manner. With respect to proxies given without full and detailed instructions, a statement showing the number of such proxies, by whom given and received, and the percentage of outstanding stock represented by each proxy shall be submitted by the licensee or permittee if the stock covered by such proxies has been voted. However, when the licensee or permittee is a corporation having more than 50 stockholders, such complete information need be filed only with respect to proxies given by stockholders who are officers or directors, or who have 1% or more of the corporation's voting stock. When the licensee or permittee is a corporation having more than 50 stockholders and the stockholders giving the proxies are not officers or directors or do not hold 1% or more of the corporation's stock, the only information required to be filed is the name of any person voting 1% or more of the stock by proxy, the number of shares voted by proxy by such person, and the total number of shares voted at the particular stockholders' meeting in which the shares were voted by proxy. ( 5 ) Mortgage or loan agreements containing provisions restricting the licensee's or permittee's freedom of operation, such as those affecting voting rights, specifying or limiting the amount of dividends payable, the purchase of new equipment, or the maintenance of current assets. ( 6 ) Any agreement reflecting a change in the officers, directors or stockholders of a corporation, other than the licensee or permittee, having an interest, direct or indirect, in the licensee or permittee as specified by § 73.3615 . ( 7 ) Agreements providing for the assignment of a license or permit or agreements for the transfer of stock filed in accordance with FCC application Forms 314, 315, 316 need not be resubmitted pursuant to the terms of this rule provision. ( c ) Personnel: ( 1 ) Management consultant agreements with independent contractors; contracts relating to the utilization in a management capacity of any person other than an officer, director, or regular employee of the licensee or permittee; station management contracts with any persons, whether or not officers, directors, or regular employees, which provide for both a percentage of profits and a sharing in losses; or any similar agreements. ( 2 ) The following contracts, agreements, or understandings need not be filed: Agreements with persons regularly employed as general or station managers or salesmen; contracts with program managers or program personnel; contracts with attorneys, accountants or consulting radio engineers; contracts with performers; contracts with station representatives; contracts with labor unions; or any similar agreements. ( d ) Other agreements: Subchannel leasing agreements for Subsidiary Communications Authorization operation; franchise/leasing agreements for operation of telecommunications services on the television vertical blanking interval and in the visual signal; time sales contracts with the same sponsor for 4 or more hours per day, except where the length of the events (such as athletic contests, musical programs and special events) broadcast pursuant to the contract is not under control of the station; and contracts with chief operators or other engineering personnel. [ 44 FR 38512 , July 2, 1979, as amended at 47 FR 21496 , May 18, 1982; 50 FR 4664 , Feb. 1, 1985; 50 FR 30951 , July 31, 1985; 51 FR 9966 , Mar. 24, 1986; 51 FR 15785 , Apr. 28, 1986; 57 FR 18093 , Apr. 29, 1992; 57 FR 42706 , Sept. 16, 1992; 61 FR 36305 , July 10, 1996; 63 FR 70050 , Dec. 18, 1998; 64 FR 50646 , Sept. 17, 1999; 66 FR 9972 , Feb. 13, 2001; 68 FR 46358 , Aug. 5, 2003; 79 FR 29006 , May 20, 2014; 83 FR 757 , Jan. 8, 2018; 83 FR 85558 , Dec. 21, 2018] § 73.3615 Ownership reports. ( a ) The Ownership Report for Commercial Broadcast Stations (FCC Form 323) must be filed electronically every two years by each licensee of a commercial AM, FM, or TV broadcast station and any entity that holds an interest in the licensee that is attributable pursuant to § 73.3555 (each a “Respondent”). The ownership report shall be filed by December 1 in all odd-numbered years. Each ownership report shall provide all information required by, and comply with all requirements set forth in, the version of FCC Form 323 (including all instructions for the form and schedule) that is current on October 1 of the year in which the ownership report is filed. The information provided on each ownership report shall be current as of October 1 of the year in which the ownership report is filed. A Respondent with a current and unamended biennial ownership report ( i.e., an ownership report that was filed pursuant to this subsection) on file with the Commission that is still accurate and which was filed using the version of FCC Form 323 that is current on October 1 of the year in which its biennial ownership report is due may electronically validate and resubmit its previously filed biennial ownership report. ( b ) ( 1 ) Each permittee of a commercial AM, FM or TV broadcast station and any entity that holds an interest in the permittee that is attributable pursuant to § 73.3555 (each a “Respondent”) shall file an ownership report on FCC Form 323 within 30 days of the date of grant by the FCC of an application by the permittee for original construction permit. Each ownership report shall provide all information required by, and comply with all requirements set forth in, the version of FCC Form 323 (including all instructions for the form and schedule) that is current on the date on which the ownership report is filed. ( 2 ) Except as specifically noted below, each permittee of a commercial AM, FM or TV broadcast station and any entity that holds an interest in the permittee that is attributable pursuant to § 73.3555 (each a “Respondent”) shall file an ownership report on FCC Form 323 on the date that the permittee applies for a station license. Each ownership report shall provide all information required by, and comply with all requirements set forth in, the version of FCC Form 323 (including all instructions for the form and schedule) that is current on the date on which the ownership report is filed. If a Respondent has a current and unamended ownership report on file with the Commission that was filed pursuant to paragraphs (b)(1) or (c) of this section, was submitted using the version of FCC Form 323 that is current on the date on which the ownership report due pursuant to paragraph(b)(2) is filed, and is still accurate, the Respondent may certify that it has reviewed such ownership report and that it is accurate, in lieu of filing a new ownership report. ( c ) Each permittee or licensee of a commercial AM, FM or TV broadcast station and any entity that holds an interest in the permittee or licensee that is attributable pursuant to § 73.3555 (each a “Respondent”), shall file an ownership report on FCC Form 323 within 30 days of consummating authorized assignments or transfers of permits and licenses. Each ownership report shall provide all information required by, and comply with all requirements set forth in, the version of FCC Form 323 (including all instructions for the form and schedule) that is current on the date on which the ownership report is filed. ( d ) The Ownership Report for Noncommercial Broadcast Stations (FCC Form 323-E) must be filed electronically every two years by each licensee of a noncommercial educational AM, FM or TV broadcast station and any entity that holds an interest in the licensee that is attributable pursuant to § 73.3555 (each a “Respondent”). The ownership report shall be filed by December 1 in all odd-numbered years. Each ownership report shall provide all information required by, and comply with all requirements set forth in, the version of FCC Form 323-E (including all instructions for the form and schedule) that is current on October 1 of the year in which the ownership report is filed. The information provided on each ownership report shall be current as of October 1 of the year in which the ownership report is filed. A Respondent with a current and unamended biennial ownership report ( i.e., an ownership report that was filed pursuant to this subsection) on file with the Commission that is still accurate and which was filed using the version of FCC Form 323-E that is current on October 1 of the year in which its biennial ownership report is due may electronically validate and resubmit its previously filed biennial ownership report. ( e ) ( 1 ) Each permittee of a noncommercial educational AM, FM or TV broadcast station and any entity that holds an interest in the permittee that is attributable pursuant to § 73.3555 (each a “Respondent”) shall file an ownership report on FCC Form 323-E within 30 days of the date of grant by the FCC of an application by the permittee for original construction permit. Each ownership report shall provide all information required by, and comply with all requirements set forth in, the version of FCC Form 323-E (including all instructions for the form and schedule) that is current on the date on which the ownership report is filed. ( 2 ) Except as specifically noted below, each permittee of a noncommercial educational AM, FM or TV broadcast station and any entity that holds an interest in the permittee that is attributable pursuant to § 73.3555 (each a “Respondent”) shall file an ownership report on FCC Form 323-E on the date that the permittee applies for a station license. Each ownership report shall provide all information required by, and comply with all requirements set forth in, the version of FCC Form 323-E (including all instructions for the form and schedule) that is current on the date on which the ownership report is filed. If a Respondent has a current and unamended ownership report on file with the Commission that was filed pursuant to paragraphs (e)(1) or (f) of this section, was submitted using the version of FCC Form 323-E that is current on the date on which the ownership report due pursuant to this subsection is filed, and is still accurate, the Respondent may certify that it has reviewed such ownership report and that it is accurate, in lieu of filing a new ownership report. ( f ) Each permittee or licensee of a noncommercial educational AM, FM or TV broadcast station, and any entity that holds an interest in the permittee or licensee that is attributable pursuant to § 73.3555 (each a “Respondent”), shall file an ownership report on FCC Form 323-E within 30 days of consummating authorized assignments or transfers of permits and licenses. Each ownership report shall provide all information required by, and comply with all requirements set forth in, the version of FCC Form 323-E (including all instructions for the form and schedule) that is current on the date on which the ownership report is filed. ( g ) A copy of all ownership and supplemental ownership reports and related materials filed pursuant to this section shall be maintained and made available for public inspection in the online public inspection file as required by §§ 73.3526 and 73.3527 . [ 44 FR 38513 , July 2, 1979, as amended at 49 FR 19498 , May 8, 1984; 50 FR 27450 , July 3, 1985; 50 FR 40016 , Oct. 1, 1985; 53 FR 2499 , Jan. 28, 1988; 53 FR 5684 , Feb. 25, 1988; 63 FR 70050 , Dec. 18, 1998; 66 FR 9973 , Feb. 13, 2001; 66 FR 12897 , Mar. 1, 2001; 74 FR 25168 , May 27, 2009; 74 FR 56134 , Oct. 30, 2009; 81 FR 19459 , Apr. 4, 2016; 82 FR 55771 , Nov. 24, 2017; 85 FR 21078 , Apr. 16, 2020] § 73.3617 Information available on the internet. The Media Bureau and each of its Divisions provide information on the internet regarding rules and policies, pending and completed rulemakings, and pending applications. These sites also include copies of public notices and texts of recent decisions. The Media Bureau's address is http://www.fcc.gov/mb/ ; the Audio Division's address is http://www.fcc.gov/mb/audio ; the Video Division's address is http://www.fcc.gov/mb/video ; the Policy Division's address is http://www.fcc.gov/mb/policy ; and the Industry Analysis Division's address is http://www.fcc.gov/mb/industry_analysis . [ 85 FR 58297 , Sept. 18, 2020] § 73.3700 Post-incentive auction licensing and operation. ( a ) Definitions — ( 1 ) Broadcast television station. For purposes of this section, broadcast television station means full power television stations and Class A television stations. ( 2 ) Channel reassignment public notice. For purposes of this section, Channel Reassignment Public Notice means the public notice released upon the completion of the broadcast television spectrum incentive auction conducted under section 6403 of the Spectrum Act specifying the new channel assignments and technical parameters of any broadcast television stations that are reassigned to new channels. Incentive Auction Closing and Channel Reassignment Public Notice: The Broadcast Television Incentive Auction Closes; Reverse Auction and Forward Auction Results Announced; Final Television Band Channel Assignments Announced; Post-Auction Deadlines Announced, GN Docket No. 12-268, Public Notice, 32 FCC Rcd 2786 (WTB/MB 2017). ( 3 ) Channel sharee station. For purposes of this section, channel sharee station means a broadcast television station for which a winning channel sharing bid, as defined in § 1.2200(d) of this chapter , was submitted, or a broadcast television station for which a winning license relinquishment bid, as defined in § 1.2200(g) of this chapter , was submitted where the station licensee executes and implements a post-auction channel sharing agreement. ( 4 ) Channel sharer station. For purposes of this section, channel sharer station means a broadcast television station that shares its television channel with a channel sharee. ( 5 ) Channel sharing agreement ( CSA). For purposes of this section, channel sharing agreement or CSA means an executed agreement between the licensee of a channel sharee station or stations and the licensee of a channel sharer station governing the use of the shared television channel. ( 6 ) - ( 7 ) [Reserved] ( 8 ) MVPD. For purposes of this section, MVPD means a person such as, but not limited to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming as set forth in section 602 of the Communications Act of 1934 ( 47 U.S.C. 522 ). ( 9 ) Pre-auction channel. For purposes of this section, pre-auction channel means the channel that is licensed to a broadcast television station on the date that the Channel Reassignment Public Notice is released. ( 10 ) Predetermined cost estimate. For purposes of this section, predetermined cost estimate means the estimated cost of an eligible expense as generally determined by the Media Bureau in a catalog of expenses eligible for reimbursement. ( 11 ) Post-auction channel. For purposes of this section, post-auction channel means the channel specified in the Channel Reassignment Public Notice or a channel authorized by the Media Bureau in a construction permit issued after the date that the Channel Reassignment Public Notice is released under the procedures set forth in paragraph (b) of this section. ( 12 ) Reassigned station. For purposes of this section, a reassigned station means a broadcast television station that is reassigned to a new channel in the Channel Reassignment Public Notice, not including channel sharing stations, UHF-to-VHF stations, or High-VHF-to-Low-VHF stations. ( 13 ) Reimbursement period. For purposes of this section, reimbursement period means the period ending three years after the completion of the forward auction pursuant to section 6403(b)(4)(D) of the Spectrum Act. ( 14 ) Spectrum Act. The term Spectrum Act means Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 ). ( 15 ) Transitioning station. For purposes of this section, a transitioning station means a: ( i ) Reassigned station, ( ii ) UHF-to-VHF station, ( iii ) High-VHF-to-Low-VHF station, ( iv ) License relinquishment station, or ( v ) A channel sharee or sharer station. ( 16 ) TV broadcaster relocation fund. For purposes of this section, the TV Broadcaster Relocation Fund means the fund established by section 6403(d)(1) of the Spectrum Act. ( b ) Post-auction licensing — ( 1 ) - ( 4 ) [Reserved] ( 5 ) Applications for additional time to complete construction — ( i ) Delegation of authority. Authority is delegated to the Chief, Media Bureau to grant a single extension of time of up to six months to licensees of reassigned stations, UHF-to-VHF stations, and High-VHF-to-Low-VHF stations to complete construction of their post-auction channel upon demonstration by the licensee that failure to meet the construction deadline is due to circumstances that are either unforeseeable or beyond the licensee's control. Licensees needing additional time beyond such a single extension of time to complete construction shall be subject to the tolling provisions in § 73.3598 . ( ii ) Circumstances that may justify an extension of the construction deadline of a licensee of a reassigned station, a UHF-to-VHF station, or a High-VHF-to-Low-VHF station include but are not limited to: ( A ) Weather-related delays, including a tower location in a weather-sensitive area; ( B ) Delays in construction due to the unavailability of equipment or a tower crew; ( C ) Tower lease disputes; ( D ) Unusual technical challenges, such as the need to construct a top-mounted or side-mounted antenna or the need to coordinate channel changes with another station; and ( E ) Delays faced by licensees that must obtain government approvals, such as land use or zoning approvals, or that are subject to competitive bidding requirements prior to purchasing equipment or services. ( iii ) A licensee of a reassigned station, UHF-to-VHF station, or High-VHF-to-Low-VHF station may rely on “financial hardship” as a criterion for seeking an extension of time if it is subject to an active bankruptcy or receivership proceeding, provided that the licensee makes an adequate showing that it has filed requests to proceed with construction in the relevant court proceedings. Any other licensee that seeks an extension of time based on financial hardship must demonstrate that, although it is not subject to an active bankruptcy or receivership proceeding, rare and exceptional financial circumstances warrant granting additional time to complete construction. ( iv ) Applications for additional time to complete construction must be filed electronically in CDBS using FCC Form 337 no less than 90 days before the expiration of the construction permit. ( c ) Consumer education for transitioning stations. ( 1 ) License relinquishment stations that operate on a commercial basis will be required to air at least one Public Service Announcement (PSA) and run at least one crawl in every quarter of every day for 30 days prior to the date that the station terminates operations on its pre-auction channel. One of the required PSAs and one of the required crawls must be run during prime time hours (for purposes of this section, between 8:00 p.m. and 11:00 p.m. in the Eastern and Pacific time zones, and between 7:00 p.m. and 10:00 p.m. in the Mountain and Central time zones) each day. ( 2 ) Noncommercial educational full power television license relinquishment stations may choose to comply with these requirements in paragraph (c)(1) of this section or may air 60 seconds per day of on-air consumer education PSAs for 30 days prior to the station's termination of operations on its pre-auction channel. ( 3 ) Transitioning stations, except for license relinquishment stations, must air 60 seconds per day of on-air consumer education PSAs or crawls for 30 days prior to the station's termination of operations on its pre-auction channel. ( 4 ) Transition crawls. ( i ) Each crawl must run during programming for no less than 60 consecutive seconds across the bottom or top of the viewing area and be provided in the same language as a majority of the programming carried by the transitioning station. ( ii ) Each crawl must include the date that the station will terminate operations on its pre-auction channel; inform viewers of the need to rescan if the station has received a new post-auction channel assignment; and explain how viewers may obtain more information by telephone or online. ( 5 ) Transition PSAs. ( i ) Each PSA must have a duration of at least 15 seconds. ( ii ) Each PSA must be provided in the same language as a majority of the programming carried by the transitioning station; include the date that the station will terminate operations on its pre-auction channel; inform viewers of the need to rescan if the station has received a new post-auction channel assignment; explain how viewers may obtain more information by telephone or online; and for stations with new post-auction channel assignments, provide instructions to both over-the-air and MVPD viewers regarding how to continue watching the television station; and be closed-captioned. ( 6 ) [Reserved] ( d ) [Reserved] ( e ) Reimbursement rules — ( 1 ) Entities eligible for reimbursement. The Commission will reimburse relocation costs reasonably incurred only by: ( i ) The licensees of full power and Class A broadcast television stations that are reassigned under section 6403(b)(1)(B)(i) of the Spectrum Act, including channel sharer stations that are reassigned to a new channel in the Channel Reassignment Public Notice; and ( ii ) MVPDs in order to continue to carry the signal of a full power or Class A broadcast television station that is: ( A ) Described in paragraph (e)(1)(i) of this section; ( B ) A UHF-to-VHF station; ( C ) A High-VHF-to-Low-VHF station; or ( D ) A channel sharee station. ( 2 ) Estimated costs. ( i ) No later than three months following the release of the Channel Reassignment Public Notice, all broadcast television station licensees and MVPDs that are eligible to receive payment of relocation costs will be required to file an estimated cost form providing an estimate of their reasonably incurred relocation costs. ( ii ) Each broadcast television station licensee and MVPD that submits an estimated cost form will be required to certify, inter alia, that: ( A ) It believes in good faith that it will reasonably incur all of the estimated costs that it claims as eligible for reimbursement on the estimated cost form; ( B ) It will use all money received from the TV Broadcaster Relocation Fund only for expenses it believes in good faith are eligible for reimbursement; ( C ) It will comply with all policies and procedures relating to allocations, draw downs, payments, obligations, and expenditures of money from the TV Broadcaster Relocation Fund; ( D ) It will maintain detailed records, including receipts, of all costs eligible for reimbursement actually incurred; and ( E ) It will file all required documentation of its relocation expenses as instructed by the Media Bureau. ( iii ) If a broadcast television station licensee or MVPD seeks reimbursement for new equipment, it must provide a justification as to why it is reasonable under the circumstances to purchase new equipment rather than modify its corresponding current equipment in order to change channels or to continue to carry the signal of a broadcast television station that changes channels. ( iv ) Entities that submit their own cost estimates, as opposed to the predetermined cost estimates provided in the estimated cost form, must submit supporting evidence and certify that the estimate is made in good faith. ( 3 ) Final Allocation Deadline. ( i ) Upon completing construction or other reimbursable changes, or by a specific deadline prior to the end of the Reimbursement Period to be established by the Media Bureau, whichever is earlier, all broadcast television station licensees and MVPDs that received an initial allocation from the TV Broadcaster Relocation Fund must provide the Commission with information and documentation, including invoices and receipts, regarding their actual expenses incurred as of a date to be determined by the Media Bureau (the “Final Allocation Deadline”). ( ii ) If a broadcast television station licensee or MVPD has not yet completed construction or other reimbursable changes by the Final Allocation Deadline, it must provide the Commission with information and documentation regarding any remaining eligible expenses that it expects to reasonably incur. ( 4 ) Final accounting. After completing all construction or reimbursable changes, broadcast television station licensees and MVPDs that have received money from the TV Broadcaster Relocation Fund will be required to submit final expense documentation containing a list of estimated expenses and actual expenses as of a date to be determined by the Media Bureau. Entities that have finished construction and have submitted all actual expense documentation by the Final Allocation Deadline will not be required to file at the final accounting stage. ( 5 ) Progress reports. Broadcast television station licensees and MVPDs that receive payment from the TV Broadcaster Relocation Fund are required to submit progress reports at a date and frequency to be determined by the Media Bureau. ( 6 ) Documentation requirements. ( i ) Each broadcast television station licensee and MVPD that receives payment from the TV Broadcaster Relocation Fund is required to retain all relevant documents pertaining to construction or other reimbursable changes for a period ending not less than 10 years after the date on which it receives final payment from the TV Broadcaster Relocation Fund. ( ii ) Each broadcast television station licensee and MVPD that receives payment from the TV Broadcaster Relocation Fund must make available all relevant documentation upon request from the Commission or its contractor. ( 7 ) Delegation of authority. The Commission delegates authority to the Chief, Media Bureau, to adopt the necessary policies and procedures relating to allocations, draw downs, payments, obligations, and expenditures of money from the TV Broadcaster Relocation Fund in order to protect against waste, fraud, and abuse and in the event of bankruptcy, to establish a catalog of expenses eligible for reimbursement and predetermined cost estimates, review the estimated cost forms, issue initial allocations for costs reasonably incurred pursuant to section 6403(b)(4) of the Spectrum Act, set filing deadlines and review information and documentation regarding progress reports, final allocations, and final accountings, and issue final allocations to reimburse for costs reasonably incurred pursuant to section 6403(b)(4) of the Spectrum Act. ( f ) [Reserved] ( g ) Low Power TV and TV translator stations. ( 1 ) through ( 3 ) [Reserved] ( 4 ) Notification and termination provisions for displaced low power TV and TV translator stations. ( i ) A wireless licensee assigned to frequencies in the 600 MHz band under part 27 of this chapter must notify low power TV and TV translator stations of its intent to commence operations, as defined in § 27.4 of this chapter , and the likelihood of receiving harmful interference from the low power TV or TV translator station to such operations within the wireless licensee's licensed geographic service area. ( ii ) The new wireless licensees must: ( A ) Notify the low power TV or TV translator station in the form of a letter, via certified mail, return receipt requested; ( B ) Indicate the date the new wireless licensee intends to commence operations, as defined in § 27.4 of this chapter , in areas where there is a likelihood of receiving harmful interference from the low power TV or TV translator station; and ( C ) Send such notification not less than 120 days in advance of the commencement date. ( iii ) Low power TV and TV translator stations may continue operating on frequencies in the 600 MHz band assigned to wireless licensees under part 27 of this chapter until the wireless licensee commences operations, as defined in § 27.4 of this chapter , as indicated in the notification sent pursuant to this paragraph. ( iv ) After receiving notification, the low power TV or TV translator licensee must cease operating or reduce power in order to eliminate the potential for harmful interference before the commencement date set forth in the notification. ( v ) Low power TV and TV translator stations that are operating on the UHF spectrum that is reserved for guard band channels as a result of the broadcast television incentive auction conducted under section 6403 of the Spectrum Act may continue operating on such channels until the end of the post-auction transition period as defined in § 27.4 of this chapter , unless they receive notification from a new wireless licensee pursuant to the requirements of paragraph (g)(4) of this section that they are likely to cause harmful interference in areas where the wireless licensee intends to commence operations, as defined in § 27.4 of this chapter , in which case the requirements of paragraph (g)(4) of this section will apply. ( h ) Channel sharing operating rules. ( 1 ) Each broadcast television station licensee that is a party to a CSA shall continue to be licensed and operated separately, have its own call sign, and be separately subject to all of the Commission's obligations, rules, and policies applicable to the television service. ( 2 ) Upon termination of the license of a party to a CSA, the spectrum usage rights covered by that license may revert to the remaining parties to the CSA. Such reversion shall be governed by the terms of the CSA in accordance with paragraph (h)(5)(i)(E) of this section. If upon termination of the license of a party to a CSA only one party to the CSA remains, the remaining licensee may file an application to change its license to non-shared status using FCC Form 2100, Schedule B (for a full power licensee) or F (for a Class A licensee). ( 3 ) Channel sharing between full power television and Class A television stations. ( i ) A CSA may be executed between licensees of full power television stations, between licensees of Class A television stations, and between licensees of full power and Class A television stations. ( ii ) A Class A channel sharee station licensee that is a party to a CSA with a full power channel sharer station licensee must comply with the rules of part 73 governing power levels and interference, and must comply in all other respects with the rules and policies applicable to Class A television stations, as set forth in §§ 73.6000 et seq. ( iii ) A full power channel sharee station licensee that is a party to a CSA with a Class A channel sharer station licensee must comply with the rules of part 74 of this chapter governing power levels and interference. ( iv ) A Class A channel sharee station may qualify only for the cable carriage rights afforded to “qualified low power television stations” in § 76.56(b)(3) of this chapter . ( 4 ) Channel sharing between commercial and noncommercial educational television stations. ( i ) A CSA may be executed between commercial and NCE broadcast television station licensees. ( ii ) The licensee of an NCE station operating on a reserved channel under § 73.621 that becomes a party to a CSA, either as a channel sharee station or as a channel sharer station, will retain its NCE status and must continue to comply with § 73.621 . ( iii ) If the licensee of an NCE station operating on a reserved channel under § 73.621 becomes a party to a CSA, either as a channel sharee station or as a channel sharer station, the portion of the shared television channel on which the NCE station operates shall be reserved for NCE-only use. ( iv ) The licensee of an NCE station operating on a reserved channel under § 73.621 that becomes a party to a CSA may assign or transfer its shared license only to an entity qualified under § 73.621 as an NCE television licensee. ( 5 ) Required CSA provisions. ( i ) CSAs must contain provisions outlining each licensee's rights and responsibilities regarding: ( A ) Access to facilities, including whether each licensee will have unrestrained access to the shared transmission facilities; ( B ) Allocation of bandwidth within the shared channel; ( C ) Operation, maintenance, repair, and modification of facilities, including a list of all relevant equipment, a description of each party's financial obligations, and any relevant notice provisions; ( D ) Transfer/assignment of a shared license, including the ability of a new licensee to assume the existing CSA; and ( E ) Termination of the license of a party to the CSA, including reversion of spectrum usage rights to the remaining parties to the CSA. ( ii ) CSAs must include provisions: ( A ) Affirming compliance with the requirements in paragraph (h)(5) of this section and all relevant Commission rules and policies; and ( B ) Requiring that each channel sharing licensee shall retain spectrum usage rights adequate to ensure a sufficient amount of the shared channel capacity to allow it to provide at least one Standard Definition (SD) program stream at all times. ( 6 ) If the rights under a CSA are transferred or assigned, the assignee or the transferee must comply with the terms of the CSA. If the transferee or assignee and the licensees of the remaining channel sharing station or stations agree to amend the terms of the existing CSA, the agreement may be amended, subject to Commission approval. ( 7 ) Preservation of carriage rights. A channel sharee station that possessed carriage rights under section 338, 614, or 615 of the Communications Act of 1934 ( 47 U.S.C. 338 ; 534; 535) on November 30, 2010, shall have, at its shared location, the carriage rights under such section that would apply to such station at the shared location if it were not sharing a channel. ( i ) A broadcast television station licensed in the 600 MHz band, as that band is defined in section 27.5(l) — ( 1 ) Shall not be permitted to modify its facilities, except as provided in paragraph (b)(1)(ii) of this section, if such modification will expand its noise limited service contour (in the case of a full power station) or protected contour (in the case of a Class A station) in such a way as to: ( i ) Increase the potential of harmful interference to a wireless licensee which is co-channel or adjacent channel to the broadcast television station; or ( ii ) Require such a wireless licensee to restrict its operations in order to avoid causing harmful interference to the broadcast television station's expanded noise limited service or protected contour; ( 2 ) Shall be permitted to modify its facilities, even when prohibited by paragraph (i)(1) of this section, if all the wireless licensees in paragraph (i)(1) who either will experience an increase in the potential for harmful interference or must restrict their operations in order to avoid causing interference agree to permit the modification and the modification otherwise meets all the requirements in this part; ( 3 ) For purposes of this section, the following definitions apply: ( i ) Co-channel operations in the 600 MHz band are defined as operations of broadcast television stations and wireless services where their assigned channels or frequencies spectrally overlap. ( ii ) Adjacent channel operations are defined as operations of broadcast television stations and wireless services where their assigned channels or frequencies spectrally abut each other or are separated by up to 5 MHz. [ 79 FR 48539 , Aug. 15, 2014, as amended at 79 FR 76914 , Dec. 23, 2014; 80 FR 46846 , Aug. 6, 2015; 80 FR 67342 , 67346 , Nov. 2, 2015; 80 FR 71743 , Nov. 17, 2015; 81 FR 4975 , Jan. 29, 2016; 86 FR 66213 , Nov. 22, 2021; 89 FR 7262 , Feb. 1, 2024] § 73.3701 Reimbursement under the Reimbursement Expansion Act. ( a ) Definitions — ( 1 ) Eligibility Certification/Reimbursement Form. For purposes of this section, the term Eligibility Certification/Reimbursement Form means the form(s) developed by the Media Bureau for processing reimbursement requests under the Reimbursement Expansion Act. ( 2 ) FM station. For purposes of this section, the term FM station means an “FM broadcast station” as defined in § 73.310 . ( 3 ) Incentive Auction. For purposes of this section, the term Incentive Auction means the broadcast television spectrum incentive auction and repacking process conducted under section 6403 of the Spectrum Act specifying the new channel assignments and technical parameters of any broadcast television stations that are reassigned to new channels. ( 4 ) Licensed. For purposes of this section, the term licensed means a station that was licensed or that had an application for a license to cover on file with the Commission on April 13, 2017. ( 5 ) Low power television station. For purposes of this section, the term low power television station means a low power television station as defined in 47 CFR 74.701 . ( 6 ) Predetermined cost estimate. For purposes of this section, predetermined cost estimate means the estimated cost of an eligible expense as generally determined by the Media Bureau in a catalog of expenses eligible for reimbursement. ( 7 ) Reimbursement Expansion Act or REA. For purposes of this section, the term Reimbursement Expansion Act or REA means Division E, Financial Services & General Appropriation Act, 2018, Title V Independent Agencies, Public Law 115-141 , Section 511 (codified at 47 U.S.C. 1452(j)-(n) ) adopted as part of the Consolidated Appropriations Act, 2018, Public Law 115-141 (2018). ( 8 ) Reimbursement period. For purposes of this section, reimbursement period means the period ending July 3, 2023, pursuant to section 511(j)(3)(B) of the REA. ( 9 ) Replacement translator station. For purposes of this section, the term replacement translator station means analog to digital replacement translator stations authorized pursuant to 47 CFR 74.787(a)(5) . ( 10 ) Spectrum Act. For purposes of this section, the term Spectrum Act means Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 ). ( 11 ) Special Displacement Window. For purposes of this section, the term Special Displacement Window means the displacement application filing window conducted April 10, 2018 to June 1, 2018 for low power television, TV translator, and analog-to-digital replacement translator stations that were displaced by the incentive auction and repacking process. ( 12 ) Transmitting. For purposes of this section, the term transmitting means a low power television station, TV translator station, or replacement translator station operating not less than 2 hours in each day of the week and not less than a total of 28 hours per calendar week for 9 of the 12 months prior to April 13, 2017. ( 13 ) Reimbursement Fund. For purposes of this section, the Reimbursement Fund means the additional funding established by the REA. ( 14 ) TV translator station. For purposes of this section, the term TV translator station means a “television broadcast translator station” as defined in 47 CFR 74.701 . ( b ) Eligibility for reimbursement. Only the following entities are eligible for reimbursement of relocation costs reasonably incurred: ( 1 ) Low power television stations. Low power television stations that filed an application for construction permit during the Special Displacement Window and such application was subsequently granted. Station must have been licensed and transmitting for not less than 2 hours in each day of the week and not less than a total of 28 hours per calendar week for 9 of the 12 months prior to April 13, 2017. ( 2 ) TV translator stations. TV translator stations that filed an application for construction permit during the Special Displacement Window and such application was subsequently granted. Station must have been licensed and transmitting for not less than 2 hours in each day of the week and not less than a total of 28 hours per calendar week for 9 of the 12 months prior to April 13, 2017. ( 3 ) Replacement translator stations. Replacement translator stations that filed an application for construction permit during the Special Displacement Window and such application was subsequently granted. Station must have been licensed and transmitting for not less than 2 hours in each day of the week and not less than a total of 28 hours per calendar week for 9 of the 12 months prior to April 13, 2017. ( 4 ) FM station. FM stations licensed and transmitting as of April 13, 2017, that experienced, at the site at which they were licensed and transmitting on that date, a disruption of service as a result of the reorganization of broadcast television spectrum under 47 U.S.C. 1452(b) . ( c ) Reimbursement process — ( 1 ) Estimated costs. ( i ) All entities that are eligible to receive reimbursement will be required to file an estimated cost form providing an estimate of their reasonably incurred costs and provide supporting documentation. ( ii ) Each eligible entity that submits an estimated cost form will be required to certify on its Eligibility Certification/Reimbursement Form inter alia, that: ( A ) It is eligible for reimbursement; ( B ) It believes in good faith that it will reasonably incur all of the estimated costs that it claims are eligible for reimbursement on the estimated cost form; ( C ) It will use all money received from the Reimbursement Fund only for expenses it believes in good faith are eligible for reimbursement; ( D ) It will comply with all policies and procedures relating to allocations, draw downs, payments, obligations, and expenditures of money from the Reimbursement Fund; ( E ) It will maintain detailed records, including receipts, of all costs eligible for reimbursement actually incurred; ( F ) It will file all required documentation of its relocation expenses as instructed by the Media Bureau; ( G ) It has not received nor does it expect to receive reimbursement from other sources for costs for which they are requesting reimbursement from the REA; and ( H ) Low power television stations, TV translator stations, and replacement translator stations must certify compliance with the minimum operating requirement set forth in paragraph (b)(1) , (2) , or (3) of this section. ( I ) FM stations must certify that they were licensed and transmitting at the facility implicated by the Incentive Auction on April 13, 2017. ( iii ) If an eligible entity seeks reimbursement for new equipment, it must provide a justification as to why it is reasonable under the circumstances to purchase new equipment rather than modify its corresponding current equipment. ( iv ) Eligible entities that submit their own cost estimates, as opposed to the predetermined cost estimates provided in the estimated cost form, must submit supporting evidence and certify that the estimate is made in good faith. ( 2 ) Final Allocation Deadline. ( i ) Upon completing construction or other reimbursable changes, or by a specific deadline prior to the end of the Reimbursement Period to be established by the Media Bureau, whichever is earlier, all eligible entities that received an initial allocation from the Reimbursement Fund must provide the Commission with information and documentation, including invoices and receipts, regarding their actual expenses incurred as of a date to be determined by the Media Bureau (the “Final Allocation Deadline”). ( ii ) If an eligible entity has not yet completed construction or other reimbursable changes by the Final Allocation Deadline, it must provide the Commission with information and documentation regarding any remaining eligible expenses that it expects to reasonably incur. ( 3 ) Final accounting. After completing all construction or reimbursable changes, eligible entities that have received money from the Reimbursement Fund will be required to submit final expense documentation containing a list of estimated expenses and actual expenses as of a date to be determined by the Media Bureau. Entities that have finished construction and have submitted all actual expense documentation by the Final Allocation Deadline will not be required to file at the final accounting stage. ( 4 ) Documentation requirements. ( i ) Each eligible entity that receives payment from the Reimbursement Fund is required to retain all relevant documents pertaining to construction or other reimbursable changes for a period ending not less than 10 years after the date on which it receives final payment from the Reimbursement Fund. ( ii ) Each eligible entity that receives payment from the Reimbursement Fund must make available all relevant documentation upon request from the Commission or its contractor. [ 84 FR 11252 , Mar. 26, 2019] § 73.3800 Full power television channel sharing outside the incentive auction. ( a ) Eligibility. Subject to the provisions of this section, a full power television station with an auction-related Channel Sharing Agreement (CSA) may voluntarily seek Commission approval to relinquish its channel to share a single six megahertz channel with a full power, Class A, low power, or TV translator television station. An auction-related CSA is a CSA filed with and approved by the Commission pursuant to § 73.3700(b)(1)(vii) . ( b ) Licensing of channel sharing stations. ( 1 ) Each station sharing a single channel pursuant to this section shall continue to be licensed and operated separately, have its own call sign, and be separately subject to all applicable Commission obligations, rules, and policies. ( 2 ) A full power television channel sharing station relinquishing its channel must file an application for a construction permit (FCC Form 2100), include a copy of the CSA as an exhibit, and cross reference the other sharing station(s). Any engineering changes necessitated by the CSA may be included in the station's application. Upon initiation of shared operations, the station relinquishing its channel must notify the Commission that it has terminated operation pursuant to § 73.1750 and each sharing station must file an application for license (FCC Form 2100). ( c ) Channel sharing between full power television stations and Class A, Low power television, or TV translator stations. ( 1 ) A full power television sharee station (defined as a station relinquishing a channel in order to share) that is a party to a CSA with a Class A sharer station (defined as the station hosting a sharee pursuant to a CSA) must comply with the rules governing power levels and interference applicable to Class A stations, and must comply in all other respects with the rules and policies applicable to full power television stations set forth in this part. ( 2 ) A full power television sharee station that is a party to a CSA with a low power television or TV translator sharer station must comply with the rules of part 74 of this chapter governing power levels and interference applicable to low power television or TV translator stations, and must comply in all other respects with the rules and policies applicable to full power television stations set forth in this part. ( d ) Channel sharing between commercial and noncommercial educational television stations. ( 1 ) A CSA may be executed between commercial and NCE broadcast television station licensees. ( 2 ) The licensee of an NCE station operating on a reserved channel under § 73.621 that becomes a party to a CSA, either as a channel sharee station or as a channel sharer station, will retain its NCE status and must continue to comply with § 73.621 . ( 3 ) If the licensee of an NCE station operating on a reserved channel under § 73.621 becomes a party to a CSA, either as a channel sharee station or as a channel sharer station, the portion of the shared television channel on which the NCE station operates shall be reserved for NCE-only use. ( 4 ) The licensee of an NCE station operating on a reserved channel under § 73.621 that becomes a party to a CSA may assign or transfer its shared license only to an entity qualified under § 73.621 as an NCE television licensee. ( e ) Deadline for implementing CSAs. CSAs submitted pursuant to this section must be implemented within three years of the grant of the channel sharing construction permit. ( f ) Channel sharing agreements (CSAs). ( 1 ) CSAs submitted under this section must contain provisions outlining each licensee's rights and responsibilities regarding: ( i ) Access to facilities, including whether each licensee will have unrestrained access to the shared transmission facilities; ( ii ) Allocation of bandwidth within the shared channel; ( iii ) Operation, maintenance, repair, and modification of facilities, including a list of all relevant equipment, a description of each party's financial obligations, and any relevant notice provisions; and ( iv ) Transfer/assignment of a shared license, including the ability of a new licensee to assume the existing CSA; and ( v ) Termination of the license of a party to the CSA, including reversion of spectrum usage rights to the remaining parties to the CSA. ( 2 ) CSAs must include provisions: ( i ) Affirming compliance with the channel sharing requirements in this section and all relevant Commission rules and policies; and ( ii ) Requiring that each channel sharing licensee shall retain spectrum usage rights adequate to ensure a sufficient amount of the shared channel capacity to allow it to provide at least one Standard Definition program stream at all times. ( g ) Termination and assignment/transfer of shared channel. ( 1 ) Upon termination of the license of a party to a CSA, the spectrum usage rights covered by that license may revert to the remaining parties to the CSA. Such reversion shall be governed by the terms of the CSA in accordance with paragraph (f)(1)(v) of this section. If upon termination of the license of a party to a CSA only one party to the CSA remains, the remaining licensee may file an application for license to change its status to non-shared. ( 2 ) If the rights under a CSA are transferred or assigned, the assignee or the transferee must comply with the terms of the CSA in accordance with paragraph (f)(1)(iv) of this section. If the transferee or assignee and the licensees of the remaining channel sharing station or stations agree to amend the terms of the existing CSA, the agreement may be amended, subject to Commission approval. ( h ) Notice to MVPDs. ( 1 ) Stations participating in channel sharing agreements must provide notice to MVPDs that: ( i ) No longer will be required to carry the station because of the relocation of the station; ( ii ) Currently carry and will continue to be obligated to carry a station that will change channels; or ( iii ) Will become obligated to carry the station due to a channel sharing relocation. ( 2 ) The notice required by this section must contain the following information: ( i ) Date and time of any channel changes; ( ii ) The channel occupied by the station before and after implementation of the CSA; ( iii ) Modification, if any, to antenna position, location, or power levels; ( iv ) Stream identification information; and ( v ) Engineering staff contact information. ( 3 ) Should any of the information in paragraph (h)(2) of this section change, an amended notification must be sent. ( 4 ) Sharee stations must provide notice as required by this section at least 90 days prior to terminating operations on the sharee's channel. Sharer stations and sharee stations must provide notice as required by this section at least 90 days prior to initiation of operations on the sharer channel. Should the anticipated date to either cease operations or commence channel sharing operations change, the stations must send a further notice to affected MVPDs informing them of the new anticipated date(s). ( 5 ) Notifications provided to cable systems pursuant to this section must be either mailed to the system's official address of record provided in the cable system's most recent filing in the FCC's Cable Operations and Licensing System (COALS) Form 322, or emailed to the system if the system has provided an email address. For all other MVPDs, the letter must be addressed to the official corporate address registered with their State of incorporation. [ 82 FR 18249 , Apr. 18, 2017] § 73.3801 Full power television simulcasting during the ATSC 3.0 (Next Gen TV) transition. Cross Reference Link to an amendment published at 88 FR 45366 , July 17, 2023. ( a ) Simulcasting arrangements. For purposes of compliance with the simulcasting requirement in paragraph (b) of this section, a full power television station may partner with one or more other full power stations or with one or more Class A, LPTV, or TV translator stations in a simulcasting arrangement for purposes of airing either an ATSC 1.0 or ATSC 3.0 signal on a host station's ( i.e., a station whose facilities are being used to transmit programming originated by another station) facilities. Noncommercial educational television stations may participate in simulcasting arrangements with commercial stations. ( 1 ) A full power television station airing an ATSC 1.0 or ATSC 3.0 signal on the facilities of a Class A host station must comply with the rules governing power levels and interference applicable to Class A stations, and must comply in all other respects with the rules and policies applicable to full power television stations set forth in this part. ( 2 ) A full power television station airing an ATSC 1.0 or ATSC 3.0 signal on the facilities of a low power television or TV translator host station must comply with the rules of part 74 of this chapter governing power levels and interference applicable to low power television or TV translator stations, and must comply in all other respects with the rules and policies applicable to full power television stations set forth in this part. ( 3 ) A full power noncommercial educational television (NCE) station airing an ATSC 1.0 or ATSC 3.0 signal on the facilities of a commercial television host station must comply with the rules applicable to NCE licensees. ( b ) Simulcasting requirement. A full power television station that chooses to air an ATSC 3.0 signal must simulcast the primary video programming stream of that signal in an ATSC 1.0 format. This requirement does not apply to any multicast streams aired on the ATSC 3.0 channel. ( 1 ) The programming aired on the ATSC 1.0 simulcast signal must be “substantially similar” to that aired on the ATSC 3.0 primary video programming stream. For purposes of this section, “substantially similar” means that the programming must be the same except for advertisements, promotions for upcoming programs, and programming features that are based on the enhanced capabilities of ATSC 3.0. These enhanced capabilities include: ( i ) Hyper-localized content (e.g., geo-targeted weather, targeted emergency alerts, and hyper-local news): ( ii ) Programming features or improvements created for the ATSC 3.0 service (e.g., emergency alert “wake up” ability and interactive program features); ( iii ) Enhanced formats made possible by ATSC 3.0 technology (e.g., 4K or HDR); and ( iv ) Personalization of programming performed by the viewer and at the viewer's discretion. ( 2 ) For purposes of paragraph (b)(1) of this section, programming that airs at a different time on the ATSC 1.0 simulcast signal than on the primary video programming stream of the ATSC 3.0 signal is not considered “substantially similar.” ( 3 ) The “substantially similar” requirement in paragraph (b)(1) of this section will sunset on July 17, 2027. ( c ) Coverage requirements for the ATSC 1.0 simulcast signal. For full power broadcasters that elect temporarily to relocate their ATSC 1.0 signal to the facilities of a host station for purposes of deploying ATSC 3.0 service (and that convert their existing facilities to ATSC 3.0), the ATSC 1.0 simulcast signal must continue to cover the station's entire community of license ( i.e., the station must choose a host from whose transmitter site the Next Gen TV station will continue to meet the community of license signal requirement over its current community of license, as required by § 73.625 ) and the host station must be assigned to the same Designated Market Area (DMA) as the originating station ( i.e., the station whose programming is being transmitted on the host station). ( d ) Coverage requirements for ATSC 3.0 signals. For full power broadcasters that elect to continue broadcasting in ATSC 1.0 on the station's existing facilities and transmit an ATSC 3.0 signal on the facilities of a host station, the ATSC 3.0 signal must be established on a host station assigned to the same DMA as the originating station. ( e ) Simulcasting agreements. ( 1 ) Simulcasting agreements must contain provisions outlining each licensee's rights and responsibilities regarding: ( i ) Access to facilities, including whether each licensee will have unrestrained access to the host station's transmission facilities; ( ii ) Allocation of bandwidth within the host station's channel; ( iii ) Operation, maintenance, repair, and modification of facilities, including a list of all relevant equipment, a description of each party's financial obligations, and any relevant notice provisions; ( iv ) Conditions under which the simulcast agreement may be terminated, assigned or transferred; and ( v ) How a guest station's ( i.e., a station originating programming that is being transmitted using the facilities of another station) signal may be transitioned off the host station. ( 2 ) Broadcasters must maintain a written copy of any simulcasting agreement and provide it to the Commission upon request. ( f ) Licensing of simulcasting stations and stations converting to ATSC 3.0 operation. ( 1 ) Each station participating in a simulcasting arrangement pursuant to this section shall continue to be licensed and operated separately, have its own call sign, and be separately subject to all applicable Commission obligations, rules, and policies. ATSC 1.0 and ATSC 3.0 signals aired on the facilities of a host station will be licensed as temporary second channels of the originating station. The Commission will include a note on the originating station's license identifying any ATSC 1.0 or ATSC 3.0 signal being aired on the facilities of a host station. The Commission will also include a note on a host station's license identifying any ATSC 1.0 or ATSC 3.0 guest signal(s) being aired on the facilities of the host station. ( 2 ) Application required. A full power broadcaster must file an application (FCC Form 2100) with the Commission, and receive Commission approval, before: ( i ) Moving its ATSC 1.0 signal to the facilities of a host station, moving that signal from the facilities of an existing host station to the facilities of a different host station, or discontinuing an ATSC 1.0 guest signal; ( ii ) Commencing the airing of an ATSC 3.0 signal on the facilities of a host station (that has already converted to ATSC 3.0 operation), moving its ATSC 3.0 signal to the facilities of a different host station, or discontinuing an ATSC 3.0 guest signal; or ( iii ) Converting its existing station to transmit an ATSC 3.0 signal or converting the station from ATSC 3.0 back to ATSC 1.0 transmissions. ( 3 ) Streamlined process. With respect to any application in paragraph (f)(2) of this section, a full power broadcaster may file only an application for modification of license, provided no other changes are being requested in such application that would require the filing of an application for a construction permit as otherwise required by the rules ( see, e.g. , § 73.1690 ). ( 4 ) Host station. A host station must first make any necessary changes to its facilities before a guest station may file an application to air a 1.0 or 3.0 signal on such host. ( 5 ) Expedited processing. An application filed in accordance with the streamlined process in paragraph (f)(3) of this section will receive expedited processing provided, for stations requesting to air an ATSC 1.0 signal on the facilities of a host station, the station will provide ATSC 1.0 service to at least 95 percent of the predicted population within the noise limited service contour of its original ATSC 1.0 facility. ( 6 ) Required information. ( i ) An application in paragraph (f)(2) of this section must include the following information: ( A ) The station serving as the host, if applicable; ( B ) The technical facilities of the host station, if applicable; ( C ) The DMA of the originating broadcaster's facility and the DMA of the host station, if applicable; and ( D ) Any other information deemed necessary by the Commission to process the application. ( ii ) If an application in paragraph (f)(2) of this section includes a request to air an ATSC 1.0 signal on the facilities of a host station, the broadcaster must, in addition to the information in paragraph (f)(6)(i), also indicate on the application: ( A ) The predicted population within the noise limited service contour served by the station's original ATSC 1.0 signal; ( B ) The predicted population within the noise limited service contour served by the station's original ATSC 1.0 signal that will lose the station's ATSC 1.0 service as a result of the simulcasting arrangement, including identifying areas of service loss by providing a contour overlap map; and ( C ) Whether the ATSC 1.0 simulcast signal aired on the host station will serve at least 95 percent of the population in paragraph (f)(6)(ii)(A) of this section. ( iii ) ( A ) If an application in paragraph (f)(2) of this section includes a request to air an ATSC 1.0 signal on the facilities of a host station and does not meet the 95 percent standard in paragraph (f)(6)(ii) of this section, the application must contain, in addition to the information in paragraphs (f)(6)(i) and (ii) of this section, the following information: ( 1 ) Whether there is another possible host station(s) in the market that would result in less service loss to existing viewers and, if so, why the Next Gen TV broadcaster chose to partner with a host station creating a larger service loss; ( 2 ) What steps, if any, the station plans to take to minimize the impact of the service loss (e.g., providing ATSC 3.0 dongles, set-top boxes, or gateway devices to viewers in the loss area); and ( 3 ) The public interest benefits of the simulcasting arrangement and a showing of why the benefit(s) of granting the application would outweigh the harm(s). ( B ) These applications will be considered on a case-by-case basis. ( g ) Consumer education for Next Gen TV stations. ( 1 ) Commercial and noncommercial educational stations that relocate their ATSC 1.0 signals (e.g., moving to a host station's facility, subsequently moving to a different host, or returning to its original facility) are required to air daily Public Service Announcements (PSAs) or crawls every day for 30 days prior to the date that the stations will terminate ATSC 1.0 operations on their existing facilities. Stations that transition directly to ATSC 3.0 will be required to air daily PSAs or crawls every day for 30 days prior to the date that the stations will terminate ATSC 1.0 operations. ( 2 ) PSAs. Each PSA must be provided in the same language as a majority of the programming carried by the transitioning station and be closed-captioned. ( 3 ) Crawls. Each crawl must be provided in the same language as a majority of the programming carried by the transitioning station. ( 4 ) Content of PSAs or crawls. For stations relocating their ATSC 1.0 signals or transitioning directly to ATSC 3.0, each PSA or crawl must provide all pertinent information to consumers. ( h ) Notice to MVPDs. ( 1 ) Next Gen TV stations relocating their ATSC 1.0 signals (e.g., moving to a temporary host station's facilities, subsequently moving to a different host, or returning to its original facility) must provide notice to MVPDs that: ( i ) No longer will be required to carry the station's ATSC 1.0 signal due to the relocation; or ( ii ) Carry and will continue to be obligated to carry the station's ATSC 1.0 signal from the new location. ( 2 ) The notice required by this section must contain the following information: ( i ) Date and time of any ATSC 1.0 channel changes; ( ii ) The ATSC 1.0 channel occupied by the station before and after commencement of local simulcasting; ( iii ) Modification, if any, to antenna position, location, or power levels; ( iv ) Stream identification information; and ( v ) Engineering staff contact information. ( 3 ) If any of the information in paragraph (h)(2) of this section changes, an amended notification must be sent. ( 4 ) ( i ) Next Gen TV stations must provide notice as required by this section: ( A ) At least 120 days in advance of relocating their ATSC 1.0 signals if the relocation occurs during the post-incentive auction transition period; or ( B ) At least 90 days in advance of relocating their ATSC 1.0 signals if the relocation occurs after the post-incentive auction transition period ( see 47 CFR 27.4 ). ( ii ) If the anticipated date of the ATSC 1.0 signal relocation changes, the station must send a further notice to affected MVPDs informing them of the new anticipated date. ( 5 ) Next Gen TV stations may choose whether to provide notice as required by this section either by a letter notification or electronically via email if the relevant MVPD agrees to receive such notices by email. Letter notifications to MVPDs must be sent by certified mail, return receipt requested to the MVPD's address in the FCC's Online Public Inspection File (OPIF), if the MVPD has an online file. For cable systems that do not have an online file, notices must be sent to the cable system's official address of record provided in the system's most recent filing in the FCC's Cable Operations and Licensing System (COALS). For MVPDs with no official address in OPIF or COALS, the letter must be sent to the MVPD's official corporate address registered with their State of incorporation. [ 83 FR 3801 , Feb. 2, 2018, as amended at 85 FR 43492 , July 17, 2020; 88 FR 45366 , July 17, 2023] § 73.3999 Enforcement of 18 U.S.C. 1464 (restrictions on the transmission of obscene and indecent material). ( a ) No licensee of a radio or television broadcast station shall broadcast any material which is obscene. ( b ) No licensee of a radio or television broadcast station shall broadcast on any day between 6 a.m. and 10 p.m. any material which is indecent. [ 60 FR 44439 , Aug. 28, 1995] § 73.4000 Listing of FCC policies. The following sections list, solely for the purpose of reference and convenience, certain Policies of the FCC. The present listing of FCC policies and citations thereto should not be relied upon as an all-inclusive list. Failure to include a policy in this list does not affect its validity. In addition, documents listed may be revised by subsequent decisions and the inclusion of a document on this list does not necessarily reflect that it is currently valid. Each section bears the title of one Policy and the citations which will direct the user to the specific document(s) pertaining to that Policy. [ 89 FR 7262 , Feb. 1, 2024] § 73.4005 Advertising—refusal to sell. See 412 U.S. 94 (Supreme Court, 1973). [ 44 FR 36388 , June 22, 1979] § 73.4015 Applications for AM and FM construction permits, incomplete or defective. See Public Notice, FCC 84-366, dated August 2, 1984, 49 FR 47331 , December 3, 1984. [ 49 FR 50048 , Dec. 26, 1984] § 73.4017 Application processing: Commercial FM stations. See §§ 73.5000 through 73.5009 . [ 89 FR 7262 , Feb. 1, 2024] § 73.4045 Barter agreements. See Order, FCC 72-167, adopted February 16, 1972. 33 FCC 2d 653; 37 FR 4009 , February 25, 1972. [ 44 FR 36388 , June 22, 1979] § 73.4050 Children's TV programs. ( a ) See Report and Policy Statement, Docket 19142, FCC 74-1174, adopted October 24, 1974. 50 FCC 2d 1; 39 FR 39396 , November 6, 1974. ( b ) See Report and Order; Policy Statement, Docket 19142, FCC 83-609, adopted December 22, 1983. 96 FCC 2d 634; 49 FR 1704 , January 13, 1984. ( c ) See Report and Order, MM Dockets 90-570 and 83-670, FCC 91-113, adopted April 9, 1991. 6 FCC Rcd 2111; 56 FR 19611 , April 19, 1991; Memorandum Opinion and Order, MM Dockets 90-570 and 83-670, FCC 91-248, adopted August 1, 1991. 6 FCC Rcd 5093; 56 FR 42707 , August 29, 1991. [ 49 FR 14509 , Apr. 12, 1984, as amended at 59 FR 52086 , Oct. 14, 1994] § 73.4055 Cigarette advertising. See 15 U.S.C. 1335 ; 15 U.S.C. 4402(c) . [ 89 FR 7262 , Feb. 1, 2024] § 73.4060 Citizens agreements. ( a ) See Report and Order, Docket 20495, FCC 75-1359, adopted December 10, 1975. 57 F.C.C. 2d 42; 40 FR 4 59730, December 30, 1975. ( b ) See Memorandum Opinion and Order, FCC 78-875, adopted December 21, 1978. 70 F.C.C. 2d 1672. [ 44 FR 58720 , Oct. 11, 1979, as amended at 89 FR 7262 , Feb. 1, 2024] § 73.4075 Commercials, loud. See Memorandum Opinion and Order, BC Docket 79-168, FCC 84-300, adopted June 27, 1984. 49 FR 28077 , July 10, 1984. [ 49 FR 38132 , Sept. 27, 1984] § 73.4082 [Reserved] § 73.4091 Direct broadcast satellites. ( a ) See Report and Order, General Docket 80-603, FCC 82-285, adopted June 23, 1982. 90 FCC 2d 676; 47 FR 31555 , July 21, 1982. ( b ) See Memorandum Opinion and Order, FCC 82-427, adopted September 23, 1982. 91 FCC 2d. ( c ) See Memorandum Opinion and Order, FCC 82-498, adopted November 4, 1982. 91 FCC 2d. [ 48 FR 9012 , Mar. 3, 1983] § 73.4094 Dolby encoder. See Public Notice dated July 10, 1974, 72 FCC 2d 790. [ 45 FR 6403 , Jan. 28, 1980] § 73.4095 Drug lyrics. ( a ) See Public Notice, FCC 71-205, dated March 5, 1971. 28 FCC 2d 409; 36 FR 4901 , March 13, 1971. ( b ) See Memorandum Opinion and Order, FCC 71-428, adopted April 16, 1971. 31 FCC 2d 377; 36 FR 8090 , April 29, 1971. [ 44 FR 36388 , June 22, 1979] § 73.4097 EBS (now EAS) attention signals on automated programing systems. See Public Notice dated March 1, 1979. 72 FCC 2d 788; 44 FR 17792 , March 23, 1979. [ 49 FR 50049 , Dec. 26, 1984, as amended at 59 FR 67103 , Dec. 28, 1994] § 73.4099 Financial qualifications, certification of. See Public Notice, FCC 87-97, adopted March 19, 1987. 52 FR 17333 , May 7, 1987. [ 53 FR 2499 , Jan. 28, 1988] § 73.4100 Financial qualifications; new AM and FM stations. See Public Notice, FCC 78-556, dated August 2, 1978. 69 FCC 2d 407; 43 FR 34841 , August 7, 1978. See also Revision of Application for Construction Permit for Commercial Broadcast Station (FCC Form 301), Memorandum Opinion and Order, 50 R.R.2d 381, para. 6 (1981) and Certification of Financial Qualification by Applicants for Broadcast Station Construction Permits, Public Notice, 2 FCC Rcd 2122 (1987), 52 FR 17333 (May 7, 1987). [ 89 FR 7262 , Feb. 1, 2024] § 73.4101 Financial qualifications, TV stations. See Public Notice, FCC 79-299, dated May 11, 1979. 72 F.C.C. 2d 784; 44 FR 29160 , May 18, 1979. See also Revision of Application for Construction Permit for Commercial Broadcast Station (FCC Form 301), Memorandum Opinion and Order, 50 R.R.2d 381, para. 6 (1981) and Certification of Financial Qualification by Applicants for Broadcast Station Construction Permits, Public Notice, 2 FCC Rcd 2122 (1987), 52 FR 17333 (May 7, 1987). [ 89 FR 7262 , Feb. 1, 2024] § 73.4102 FAA communications, broadcast of. See Public Notice, FCC 72-105, dated February 2, 1972. 37 FR 3567 , February 17, 1972. [ 45 FR 6403 , Jan. 28, 1980] § 73.4104 FM assignment policies and procedures. See Report and Order, BC Docket 80-130, FCC 82-240, adopted May 20, 1982. 90 FCC 2d, 88; 47 FR 26625 , June 21, 1982. [ 47 FR 54448 , Dec. 3, 1982] § 73.4107 [Reserved] § 73.4108 [Reserved] § 73.4110 Format changes of stations. See Memorandum Opinion and Order, Docket 20682, FCC 76-744, adopted July 28, 1976. 60 FCC 2d 858; 41 FR 37153 , September 2, 1976. [ 44 FR 36388 , June 22, 1979] § 73.4135 Interference to TV reception by FM stations. See Public Notice, FCC 67-1012, dated August 30, 1967, 74 FCC 2d 619. (Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 ( 47 U.S.C. 154 , 155 , 303 )) [ 44 FR 36388 , June 22, 1979, as amended at 45 FR 28142 , Apr. 28, 1980; 49 FR 45154 , Nov. 15, 1984; 50 FR 5073 , Feb. 6, 1985; 51 FR 26251 , July 22, 1986] § 73.4140 Minority ownership; tax certificates and distress sales. ( a ) See Public Notice, FCC 78-322, dated May 25, 1978. 68 FCC 2d 979; 43 FR 25188 , June 9, 1978. ( b ) See Public Notice, FCC 78-725, dated October 11, 1978. 43 FR 47612 , October 16, 1978. ( c ) See Policy Statement, General Docket 82-797, FCC 82-523, adopted December 2, 1982. 92 FCC 2d 849; 48 FR 5943 , February 9, 1983. ( d ) See Report and Order, General Docket 82-797, FCC 84-647, adopted December 21, 1984. 99 FCC 2d 1249; 50 FR 1239 , January 10, 1985. [ 44 FR 36388 , June 22, 1979, as amended at 49 FR 38132 , Sept. 27, 1984; 49 FR 50049 , Dec. 26, 1984; 50 FR 47055 , Nov. 14, 1985; 52 FR 11656 , Apr. 10, 1987] § 73.4154 Network/AM, FM station affiliation agreements. See Report, Statement of Policy, and Order, Docket 20721, FCC 77-206, adopted March 10, 1977. 63 FCC 2d 674. [ 47 FR 28388 , June 30, 1982] § 73.4157 Network signals which adversely affect affiliate broadcast service. See Public Notice, FCC 79-387, dated April 20, 1970. 22 F.C.C. 2d 779. [ 45 FR 6403 , Jan. 28, 1980] § 73.4163 Noncommercial nature of educational broadcast stations. ( a ) See Second Report and Order, BC Docket 21136, FCC 81-204, adopted April 23, 1981. 86 FCC 2d 141; 46 FR 27944 , May 22, 1981. ( b ) See Order, BC Docket 21136, FCC 82-327 adopted July 15, 1982. 90 FCC 2d 895; 47 FR 36171 , August 19, 1982. ( c ) See Memorandum Opinion and Order, BC Docket 21136, FCC 84-105, adopted March 28, 1984. 97 FCC 2d 255; 49 FR 13534 , April 5, 1984. ( d ) See, Public Notice, FCC 86-161, dated April 11, 1986. 51 FR 21800 , June 16, 1986. Excerpt reprinted at 7 FCC Rcd 827. ( e ) See Memorandum Opinion and Order, FCC 90-111, adopted March 28, 1990. 5 FCC Rcd 4920. [ 47 FR 54448 , Dec. 3, 1982, as amended at 51 FR 26251 , July 22, 1986; 59 FR 52087 , Oct. 14, 1994] § 73.4165 Obscene language. ( a ) See FCC v. Pacifica Foundation, 438 U.S. 726, 57 L.Ed 2d 1073, 46 U.S.L.W. 5018 (1978). See also Action for Children's Television v. FCC, 852 F.2d 1332 (D.C. Cir. 1988). ( b ) See Action for Children's Television v. FCC, [ACT III] 11 F.3d 170 (D.C. Cir. 1993). See also, Action for Children's Television v. FCC, [ACT IV] 15 F.3d 186 (D.C. Cir. 1994), rehearing granted, en banc. ( c ) See Report and Order, GC Docket 92-223, FCC 93-42, adopted January 19, 1993. 8 FCC Rcd 704; 58 FR 5937 , January 25, 1993. ( d ) See Memorandum Opinion and Order, FCC 93-246, adopted May 11, 1993, 8 FCC Rcd 3600. ( e ) See Letter to Rusk Corporation, dated May 6, 1993, FCC 93-229, 8 FCC Rcd 3228. ( f ) See Memorandum Opinion and Order, FCC 93-4, adopted January 5, 1993. 8 FCC Rcd 498 ( g ) See Branton v. FCC, 993 F.2d 906 (D.C. Cir. 1993). ( h ) See Memorandum Opinion and Order, DA 91-557, adopted April 30, 1991. 6 FCC Rcd 2560. [ 59 FR 52087 , Oct. 14, 1994] § 73.4170 Obscene broadcasts. ( a ) See Miller v. California, 413 U.S.C. 15 (1973). See also Pope v. Illinois, 107 S.Ct. 1918 (1987). 18 U.S.C. 1464 . ( b ) See Memorandum Opinion and Order, MM Docket 83-575, FCC 88-4, adopted January 12, 1988. 3 FCC Rcd 757. See also Memorandum Opinion and Order, MM Docket 83-575, FCC 93-180, adopted April 2, 1993. 8 FCC Rcd 2753. ( c ) See Memorandum Opinion and Order, FCC 87-365, adopted November 24, 1987. 3 FCC Rcd 930. ( d ) See “Memorandum of Understanding between the Federal Communications Commission and the Department of Justice concerning Complaints and Cases Involving Obscenity and Indecency,” released April 9, 1991. See also News Release dated April 19, 1991. [ 59 FR 52087 , Oct. 14, 1994] § 73.4180 Payment disclosure: Payola, plugola, kickbacks. ( a ) See 47 U.S.C. 507 . ( b ) See Public Notice, FCC 70-593, dated June 4, 1970. 23 FCC 2d 588; 35 FR 9045 , June 11, 1970. ( c ) See Public Notice, FCC 88-175, dated May 18, 1988. [ 44 FR 36389 , June 22, 1979, as amended at 49 FR 20504 , May 15, 1984; 59 FR 52087 , Oct. 14, 1994] § 73.4185 Political broadcasting and telecasting, the law of. ( a ) See “The Law of Political Broadcasting and Cablecasting: Political Primer 1984,” 100 FCC 2d 1476 (1984). ( b ) See Report and Order, MM Docket 91-168, FCC 91-403, adopted December 12, 1991. 7 FCC Rcd 678; 57 FR 189 , January 3, 1992; Memorandum Opinion and Order, MM Docket 91-168, FCC 92-210, adopted May 14, 1992. 7 FCC Rcd 4611; 57 FR 27705 , June 22, 1992. [ 59 FR 52087 , Oct. 14, 1994] § 73.4190 Political candidate authorization notice and sponsorship identification. ( a ) See Joint Public Notice by the Federal Communications Commission and the Federal Election Commission, FCC 78-419, dated June 19, 1978. 69 FCC 2d 1129; 43 FR 30126 , July 13, 1978. ( b ) See Memorandum Opinion and Order, FCC 92-55, adopted February 12, 1992. 7 FCC Rcd 1616. [ 44 FR 36389 , June 22, 1979, as amended at 59 FR 52087 , Oct. 14, 1994] § 73.4195 Political advertising by UHF translators. See Public Notice, FCC 76936, dated October 8, 1976. 62 FCC 2d 896; 41 FR 45043 , October 14, 1976. [ 44 FR 36389 , June 22, 1979] § 73.4210 Procedure Manual: “The Public and Broadcasting”. See The Public and Broadcasting, a copy of which is available at: https://www.fcc.gov/media/radio/public-and-broadcasting . [ 89 FR 7262 , Feb. 1, 2024] § 73.4215 Program matter: Supplier identification. See Public Notice, FCC 73-595, dated June 1, 1973. 41 FCC 2d 333; 38 FR 14979 , June 7, 1973. [ 44 FR 36389 , June 22, 1979] § 73.4242 Sponsorship identification rules, applicability of. See Public Notice dated September 3, 1975, 40 FR 41936 , September 9, 1975. [ 47 FR 28388 , June 30, 1982] § 73.4246 Stereophonic pilot subcarrier use during monophonic programming. See Report and Order, Docket 19571, FCC 73-680, adopted June 21, 1973. 41 FCC 2d 534; 38 FR 17021 , June 28, 1973. [ 47 FR 3792 , Jan. 27, 1982] § 73.4247 [Reserved] § 73.4250 Subliminal perception. ( a ) See Public Notice, FCC 74-78, dated January 24, 1974. 44 FCC 2d, 1016; 39 FR 3714 , January 29, 1974. ( b ) See FCC Information Bulletin, “Subliminal Projection”, dated November 1977. [ 44 FR 36389 , June 22, 1979] § 73.4255 Tax certificates: Issuance of. ( a ) See Public Notice, FCC 76-337, dated April 21, 1976. 59 FCC 2d, 91; 41 FR 17605 , April 27, 1976. ( b ) See Report and Order MM Docket 87-267, FCC 91-303 adopted, September 26, 1991. 6 FCC Rcd 6273; 56 FR 64842 , December 12, 1991. [ 56 FR 64874 , Dec. 12, 1991, as amended at 59 FR 52087 , Oct. 14, 1994] § 73.4260 Teaser announcements. See Public Notice, FCC 62-592, dated June 1, 1962. 27 FR 5274 , June 5, 1962. [ 44 FR 36389 , June 22, 1979] § 73.4265 Telephone conversation broadcasts (network and like sources). See Memorandum Opinion and Order, FCC 75-1406, adopted December 18, 1975. 57 FCC 2d, 334; 41 FR 816 , January 5, 1976. [ 44 FR 36389 , June 22, 1979] § 73.4266 Tender offer and proxy statements. See Policy Statement, MM Docket 85-218, FCC 86-67, adopted January 30, 1986. 51 FR 9794 , March 21, 1986. [ 51 FR 26251 , July 22, 1986] § 73.4267 Time brokerage. ( a ) See Report and Order, MM Docket Nos. 94-150, 92-51, 87-154, FCC 99-207, adopted August 5, 1999, 64 FR 50622 (Sept. 17, 1999). ( b ) See § 73.3555 , Note 2(j). [ 47 FR 3792 , Jan. 27, 1982, as amended at 59 FR 52087 , Oct. 14, 1994; 89 FR 7262 , Feb. 1, 2024] § 73.4275 Tone clusters; audio attention-getting devices. See Public Notice, FCC 76-610, dated July 2, 1976. 60 FCC 2d 920; 41 FR 28582 , July 12, 1976. [ 44 FR 36389 , June 22, 1979] § 73.4280 Character evaluation of broadcast applicants. ( a ) See Report and Order and Policy Statement, Gen. Docket 81-500, BC Docket 78-108, FCC 85-648, adopted December 10, 1985. 102 FCC 2d 1179; 51 FR 3049 , January 23, 1986. ( b ) See Policy Statement and Order, FCC 90-195, adopted May 10, 1990. 5 FCC Rcd 3252, 55 FR 23082 , June 6, 1990. ( c ) See Memorandum Opinion and Order, FCC 91-146, adopted May 1, 1991. 6 FCC Rcd 3448, 56 FR 25633 , June 5, 1991. ( d ) See Memorandum Opinion and Order, FCC 92-448, adopted September 18, 1992. 7 FCC Rcd 6564, 57 FR 47410 , October 16, 1992. [ 59 FR 52087 , Oct. 14, 1994] Subpart I—Procedures for Competitive Bidding and for Applications for Noncommercial Educational Broadcast Stations on Non-Reserved Channels Source: 63 FR 48629 , Sept. 11, 1998, unless otherwise noted. § 73.5000 Services subject to competitive bidding. ( a ) Mutually exclusive applications for new facilities and for major changes to existing facilities in the following broadcast services are subject to competitive bidding: AM; FM; FM translator; television; low-power television; television translator; and Class A television. Mutually exclusive applications for minor modifications of Class A television and television broadcast are also subject to competitive bidding. The general competitive bidding procedures set forth in part 1, subpart Q of this chapter will apply unless otherwise provided in part 73 or part 74 of this chapter . ( b ) Mutually exclusive applications for broadcast channels in the reserved portion of the FM band (Channels 200-220) and for television broadcast channels reserved for noncommercial educational use are not subject to competitive bidding procedures. Applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , on non-reserved channels also are not subject to competitive bidding procedures. [ 63 FR 48629 , Sept. 11, 1998, as amended at 67 FR 45374 , July 9, 2002; 68 FR 26228 , May 15, 2003; 69 FR 72043 , Dec. 10, 2004; 89 FR 7262 , Feb. 1, 2024] § 73.5001 [Reserved] § 73.5002 Application and certification procedures; return of mutually exclusive applications not subject to competitive bidding procedures; prohibition of collusion. ( a ) Prior to any broadcast service auction, the Commission will issue a public notice announcing the upcoming auction and specifying the period during which all applicants seeking to participate in an auction, and all applicants for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , on non-reserved channels, must file their applications for new broadcast facilities or for major changes to existing facilities. Broadcast service applications for new facilities or for major modifications will be accepted only during these specified periods. This initial and other public notices will contain information about the completion and submission of applications to participate in the broadcast auction, and applications for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6) , on non-reserved channels, as well as any materials that must accompany the applications, and any filing fee that must accompany the applications or any upfront payments that will need to be submitted. Such public notices will also, in the event mutually exclusive applications are filed for broadcast construction permits that must be resolved through competitive bidding, contain information about the method of competitive bidding to be used and more detailed instructions on submitting bids and otherwise participating in the auction. In the event applications are submitted that are not mutually exclusive with any other application in the same service, or in the event that any applications that are submitted that had been mutually exclusive with other applications in the same service are resolved as a result of the dismissal or modification of any applications, the non-mutually exclusive applications will be identified by public notice and will not be subject to auction. ( b ) To participate in broadcast service auctions, or to apply for a noncommercial educational station, as described in 47 U.S.C. 397(6) , on a non-reserved channel, all applicants must timely submit short-form applications (FCC Form 175), along with all required certifications, information and exhibits, pursuant to the provisions of § 1.2105(a) of this chapter and any Commission public notices. So determinations of mutual exclusivity for auction purposes can be made, applicants for non-table broadcast services must also submit the engineering data contained in the appropriate FCC form (FCC Form 301, FCC Form 346, or FCC Form 349). Beginning January 1, 1999, all short-form applications must be filed electronically. If any application for a noncommercial educational broadcast station, as described in 47 U.S.C. 397(6) , is mutually exclusive with applications for commercial broadcast stations, and the applicants that have the opportunity to resolve the mutually exclusivity pursuant to paragraphs (c) and (d) of this section fail to do so, the application for noncommercial educational broadcast station, as described in 47 U.S.C. 397(6) , will be returned as unacceptable for filing, and the remaining applications for commercial broadcast stations will be processed in accordance with competitive bidding procedures. ( c ) Applicants in all broadcast service auctions, and applicants for noncommercial educational stations, as described in 47 U.S.C. 397(6) , on non-reserved channels will be subject to the provisions of § 1.2105(b) of this chapter regarding the modification and dismissal of their short-form applications. Notwithstanding the general applicability of § 1.2105(b) of this chapter to broadcast auctions, and applicants for noncommercial educational stations, as described in 47 U.S.C. 397(6) , on non-reserved channels, the following applicants will be permitted to resolve their mutual exclusivities by making amendments to their engineering submissions following the filing of their short-form applications: ( 1 ) Applicants for all broadcast services who file major modification applications that are mutually exclusive with each other; ( 2 ) Applicants for all broadcast services who file major modification and new station applications that are mutually exclusive with each other; or ( 3 ) Applicants for the secondary broadcast services who file applications for new stations that are mutually exclusive with each other. ( d ) The prohibition of collusion set forth in § 1.2105(c) of this chapter , which becomes effective upon the filing of short-form applications, shall apply to all broadcast service auctions. Notwithstanding the general applicability of § 1.2105(c) of this chapter to broadcast auctions, the following applicants will be permitted to resolve their mutual exclusivities by means of engineering solutions or settlements during a limited period after the filing of short-form applications, as further specified by Commission public notices: ( 1 ) Applicants for all broadcast services who file major modification applications that are mutually exclusive with each other; ( 2 ) Applicants for all broadcast services who file major modification and new station applications that are mutually exclusive with each other; or ( 3 ) Applicants for the secondary broadcast services who file applications for new stations that are mutually exclusive with each other. ( e ) Applicants seeking to resolve their mutual exclusivities by means of engineering solution or settlement during a limited period as specified by public notice, pursuant to paragraph (d) of this section, may submit a non-universal engineering solution or settlement proposal, so long as such engineering solution or settlement proposal results in the grant of at least one application from the mutually exclusive group. A technical amendment submitted under this subsection must resolve all of the applicant's mutual exclusivities with respect to the other applications in the specified mutually exclusive application group. [ 69 FR 72043 , Dec. 10, 2004, as amended at 75 FR 9806 , Mar. 4, 2010] § 73.5003 Submission of full payments. Winning bidders are required to pay the balance of their winning bids in a lump sum prior to the deadline established by the Commission pursuant to § 1.2109(a) of this chapter . If a winning bidder fails to pay the balance of its winning bid in a lump sum by the applicable deadline as specified by the Commission, it will be allowed to make payment within ten (10) business days after the payment deadline, provided that it also pays a late fee equal to five (5) percent of the amount due in accordance with § 1.2109(a) of this chapter . Broadcast construction permits will be granted by the Commission only after full and timely payment of winning bids and any applicable late fees and in accordance with the provisions of this section. [ 71 FR 6228 , Feb. 7, 2006] § 73.5004 [Reserved] § 73.5005 Filing of long-form applications. ( a ) Within thirty (30) days following the close of bidding and notification to the winning bidders, unless a longer period is specified by public notice, each winning bidder must submit an appropriate long-form application (FCC Form 2100) for each construction permit or license for which it was the high bidder. Long-form applications filed by winning bidders shall include the exhibits required by § 1.2107(d) of this chapter (concerning any bidding consortia or joint bidding arrangements); § 1.2110(j) of this chapter (concerning designated entity status, if applicable); and § 1.2112 of this chapter (concerning disclosure of ownership and real party in interest information, and, if applicable, disclosure of gross revenue information for small business applicants). ( b ) The long-form application should be submitted pursuant to the rules governing the service in which the applicant is a high bidder and according to the procedures for filing such applications set out by public notice. When electronic procedures become available for the submission of long-form applications, the Commission may require all winning bidders to file their long-form applications electronically. ( c ) An applicant that fails to submit the required long-form application under this section, and fails to establish good cause for any late-filed submission, shall be deemed to have defaulted and shall be subject to the payments set forth in 47 CFR 1.2104(g) . ( d ) An applicant whose short-form application, submitted pursuant to § 73.5002(b) , was not mutually exclusive with any other short-form application in the same service, or whose short-form application was mutually exclusive only with one or more short-form applications for a noncommercial educational broadcast station, as described in 47 U.S.C. 397(6) , shall submit an appropriate long-form application within thirty (30) days following release of a public notice identifying any such non-mutually exclusive applicants. The long-form application should be submitted pursuant to the rules governing the relevant service and according to any procedures for filing such applications set out by public notice. The long-form application filed by a non-mutually exclusive applicant need not contain the additional exhibits, identified in paragraph (a) of this section, required to be submitted with the long-form applications filed by winning bidders. When electronic procedures become available, the Commission may require any non-mutually exclusive applicants to file their long-form applications electronically. [ 63 FR 48629 , Sept. 11, 1998, as amended at 67 FR 45375 , July 9, 2002; 68 FR 26229 , May 15, 2003; 68 FR 43000 , July 21, 2003; 69 FR 72044 , Dec. 10, 2004; 75 FR 9806 , Mar. 4, 2010; 89 FR 7262 , Feb. 1, 2024] § 73.5006 Filing of petitions to deny against long-form applications. ( a ) As set forth in 47 CFR 1.2108 , petitions to deny may be filed against the long-form applications filed by winning bidders in broadcast service auctions and against the long-form applications filed by applicants whose short-form applications were not mutually exclusive with any other applicant, or whose short-form applications were mutually exclusive only with one or more short-form applications for a noncommercial educational broadcast station, as described in 47 U.S.C. 397(6) . ( b ) Within ten (10) days following the issuance of a public notice announcing that a long-form application for an AM, FM or television construction permit has been accepted for filing, petitions to deny that application may be filed in LMS. Within fifteen (15) days following the issuance of a public notice announcing that a long-form application for a low-power television, television translator or FM translator construction permit has been accepted for filing, petitions to deny that application may be filed. Any such petitions must contain allegations of fact supported by affidavit of a person or persons with personal knowledge thereof. ( c ) An applicant may file an opposition to any petition to deny, and the petitioner a reply to such opposition. Allegations of fact or denials thereof must be supported by affidavit of a person or persons with personal knowledge thereof. In the AM, FM and television broadcast services, the time for filing such oppositions shall be five (5) days from the filing date for petitions to deny, and the time for filing replies shall be five (5) days from the filing date for oppositions. In the low-power television, television translator and FM translator broadcast services, the time for filing such oppositions shall be fifteen (15) days from the filing date for petitions to deny, and the time for filing replies shall be ten (10) days from the filing date for oppositions. ( d ) Broadcast construction permits will be granted by the Commission only if the Commission denies or dismisses all petitions to deny, if any are filed, and is otherwise satisfied that an applicant is qualified, and after full and timely payment of winning bids and any applicable late fees. See 47 CFR 73.5003 . Construction of broadcast stations shall not commence until the grant of such permit or license to the winning bidder and only after full and timely payment of winning bids and any applicable late fees. [ 69 FR 72044 , Dec. 10, 2004, as amended at 71 FR 6228 , Feb. 7, 2006; 89 FR 7263 , Feb. 1, 2024] § 73.5007 Designated entity provisions. ( a ) New entrant bidding credit. A winning bidder that qualifies as a “new entrant” may use a bidding credit to lower the cost of its winning bid on any broadcast construction permit. Any winning bidder claiming new entrant status must have de facto, as well as de jure, control of the entity utilizing the bidding credit. A thirty-five (35) percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, have no attributable interest in any other media of mass communications, as defined in § 73.5008 . A twenty-five (25) percent bidding credit will be given to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, have an attributable interest in no more than three mass media facilities. No bidding credit will be given if any of the commonly owned mass media facilities serve the same area as the proposed broadcast or secondary broadcast station, or if the winning bidder, and/or any individual or entity with an attributable interest in the winning bidder, have attributable interests in more than three mass media facilities. Attributable interests held by a winning bidder in existing low power television, television translator or FM translator facilities will not be counted among the bidder's other mass media interests in determining eligibility for a bidding credit. Eligibility for the new entrant bidding credit must be specified in an applicant's FCC Form 175 application, and the new entrant bidding credit specified in an applicant's FCC Form 175 application establishes that applicant's maximum bidding credit eligibility for that auction. Any post-FCC Form 175 filing change in the applicant's circumstances underlying its new entrant bidding credit eligibility claim, or that of any attributable interest-holder in the applicant, must be reported to the Commission immediately, and no later than five business days after the change occurs. Any such post-FCC Form 175 filing change may cause a reduction or elimination of the new entrant bidding credit claimed in the applicant's FCC Form 175 application, if the change would cause the applicant not to qualify for the originally claimed new entrant bidding credit under the eligibility provisions of § 73.5007 , and the change occurred prior to grant of the construction permit to the applicant. Final determinations regarding new entrant status will be made at the time of long form construction permit application grant. Applicants whose eligibility is lost or reduced subsequent to the FCC Form 175 filing must, before a construction permit will be issued, make such payments as are necessary to account for the difference between claimed and actual bidding credit eligibility. ( b ) The new entrant bidding credit is not available to a winning bidder if it, and/or any individual or entity with an attributable interest in the winning bidder, have an attributable interest in any existing media of mass communications in the same area as the proposed broadcast or secondary broadcast facility. ( 1 ) Any existing media of mass communications will be considered in the “same area” as a proposed broadcast or secondary broadcast facility if the relevant defined service areas of the existing mass media facilities partially overlap, or are partially overlapped by, the proposed broadcast or secondary broadcast facility's relevant contour. ( 2 ) For purposes of determining whether any existing media of mass communications is in the “same area” as a proposed broadcast or secondary broadcast facility, the relevant defined service areas of the existing mass media facilities shall be as follows: ( i ) AM broadcast station—principal community contour ( see § 73.24(i) ); ( ii ) FM Broadcast station—principal community contour ( see § 73.315(a) ); ( iii ) Television broadcast station—the noise limited contour ( see § 73.619(c) ); ( iv ) Cable television system—the franchised community of a cable system; and ( v ) Daily newspaper—community of publication. ( 3 ) For purposes of determining whether a proposed broadcast or secondary broadcast facility is in the “same area” as an existing mass media facility, the relevant contours of the proposed broadcast or secondary broadcast facility shall be as follows: ( i ) AM broadcast station—principal community contour ( see § 73.24(i) ); ( ii ) FM broadcast station—principal community contour ( see § 73.315(a) ); ( iii ) FM translator station—predicted, protected contour (see § 74.1204(a) of this chapter ); ( iv ) Television broadcast station—the noise limited contour ( see § 73.619(c) ). ( v ) Low power television or television translator station—predicted, protected contour (see § 74.792(a) of this chapter ). ( c ) Unjust enrichment. If a licensee or permittee that utilizes a new entrant bidding credit under this subsection seeks to assign or transfer control of its license or construction permit to an entity not meeting the eligibility criteria for the bidding credit, the licensee or permittee must reimburse the U.S. Government for the amount of the bidding credit, plus interest based on the rate for ten-year U.S. Treasury obligations applicable on the date the construction permit was originally granted, as a condition of Commission approval of the assignment or transfer. If a licensee or permittee that utilizes a new entrant bidding credit seeks to assign or transfer control of a license or construction permit to an entity that is eligible for a lower bidding credit, the difference between the bidding credit obtained by the assigning party and the bidding credit for which the acquiring party would qualify, plus interest based on the rate for ten-year U.S. Treasury obligations applicable on the date the construction permit was originally granted, must be paid to the U.S. Government as a condition of Commission approval of the assignment or transfer. The amount of the reimbursement payments will be reduced over time. An assignment or transfer in the first two years after issuance of the construction permit to the winning bidder will result in a forfeiture of one hundred (100) percent of the value of the bidding credit; during year three, of seventy-five (75) percent of the value of the bidding credit; in year four, of fifty (50) percent; in year five, twenty-five (25) percent; and thereafter, no payment. If a licensee or permittee who utilized a new entrant bidding credit in obtaining a broadcast license or construction permit acquires within this five-year reimbursement period an additional broadcast facility or facilities, such that the licensee or permittee would not have been eligible for the new entrant credit, the licensee or permittee will generally not be required to reimburse the U.S. Government for the amount of the bidding credit. Note 1 to § 73.5007 : For purposes of paragraph (b)(3)(ii) of this section, the contour of the proposed new FM broadcast station is based on the maximum class facilities at the FM allotment site, which is defined as the perfectly circular standard 70 dBu contour distance for the class of station. [ 64 FR 24526 , May 7, 1999, as amended at 68 FR 46358 , Aug. 5, 2003; 69 FR 72045 , Dec. 10, 2004; 75 FR 9807 , Mar. 4, 2010; 89 FR 7263 , Feb. 1, 2024] § 73.5008 Definitions applicable for designated entity provisions. ( a ) Scope. The definitions in this section apply to 47 CFR 73.5007 , unless otherwise specified in that section. ( b ) A medium of mass communications means a daily newspaper; a cable television system; or a license or construction permit for a television broadcast station, an AM or FM broadcast station, or a direct broadcast satellite transponder. ( c ) ( 1 ) An attributable interest in a winning bidder or in a medium of mass communications shall be determined in accordance with § 73.3555 and Note 2 to § 73.3555 . In addition, any interest held by an individual or entity with an equity and/or debt interest(s) in a winning bidder shall be attributed to that winning bidder for purposes of determining its eligibility for the new entrant bidding credit, if the equity (including all stockholdings, whether voting or nonvoting, common or preferred) and debt interest or interests, in the aggregate, exceed thirty-three (33) percent of the total asset value (defined as the aggregate of all equity plus all debt) of the winning bidder. ( 2 ) Notwithstanding paragraph (c)(1) of this section, where the winning bidder is an eligible entity, the combined equity and debt of the interest holder in the winning bidder may exceed the 33 percent threshold therein without triggering attribution, provided that: ( i ) The combined equity and debt of the interest holder in the winning bidder is less than 50 percent, or ( ii ) The total debt of the interest holder in the winning bidder does not exceed 80 percent of the asset value of the winning bidder and the interest holder does not hold any equity interest, option, or promise to acquire an equity interest in the winning bidder or any related entity. For purposes of paragraph (c)(2) of this section, an “eligible entity” shall include any entity that qualifies as a small business under the Small Business Administration's size standards for its industry grouping, as set forth in 13 CFR 121.201 , at the time the transaction is approved by the FCC, and holds: ( A ) 30 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet; or ( B ) 15 percent or more of the stock or partnership interests and more than 50 percent of the voting power of the corporation or partnership that will own the media outlet, provided that no other person or entity owns or controls more than 25 percent of the outstanding stock or partnership interests; or ( C ) More than 50 percent of the voting power of the corporation that will own the media outlet if such corporation is a publicly traded company. [ 63 FR 48629 , Sept. 11, 1998, as amended at 64 FR 24527 , May 7, 1999; 64 FR 44858 , Aug. 18, 1999; 69 FR 72045 , Dec. 10, 2004; 73 FR 28370 , May 16, 2008; 75 FR 27200 , May 14, 2010] § 73.5009 Assignment or transfer of control. ( a ) The unjust enrichment provisions found at § 1.2111(b) through (e) of this chapter shall not apply to applicants seeking approval of a transfer of control or assignment of a broadcast construction permit or license within three years of receiving such permit or license by means of competitive bidding. ( b ) The ownership disclosure requirements found at § 1.2112(a) of this chapter shall not apply to an applicant seeking consent to assign or transfer control of a broadcast construction permit or license awarded by competitive bidding. [ 67 FR 45375 , July 9, 2002, as amended at 68 FR 43000 , July 21, 2003] Subpart J—Class A Television Broadcast Stations Source: 65 FR 30009 , May 10, 2000, unless otherwise noted. § 73.6000 Definitions. For the purpose of this subpart, the following definition applies: Locally produced programming is programming produced within the predicted noise-limited contour ( see § 73.619(c) ) of a Class A station broadcasting the program or within the contiguous predicted noise-limited contours of any of the Class A stations in a commonly owned group. Note to § 73.6000 : See Report and Order, In the Matter of Establishment of a Class A Television Service, MM Docket No. 00-10, released April 4, 2000; Memorandum Opinion and Order on Reconsideration, In the Matter of Establishment of a Class A Television Service, MM Docket No. 00-10, released April 13, 2001; Report and Order, In the Matter of Elimination of Main Studio Rule, MB Docket No. 17-106, released October 24, 2017. [ 82 FR 57884 , Dec. 8, 2017, as amended at 89 FR 7263 , Feb. 1, 2024] § 73.6001 Eligibility and service requirements. ( a ) Qualified low power television licensees which, during the 90-day period ending November 28, 1999, operated their stations in a manner consistent with the programming and operational standards set forth in the Community Broadcasters Protection Act of 1999, may be accorded primary status as Class A television licensees. ( b ) Class A television broadcast stations are required to: ( 1 ) Broadcast a minimum of 18 hours per day; and ( 2 ) Broadcast an average of at least three hours per week of locally produced programming each quarter. ( c ) Licensed Class A television broadcast stations shall be accorded primary status as a television broadcaster as long as the station continues to meet the minimum operating requirements for Class A status. ( d ) Licensees unable to continue to meet the minimum operating requirements for Class A television stations, or which elect to revert to low power television status, shall promptly notify the Commission, in writing, and request a change in status. § 73.6002 Licensing requirements. ( a ) A Class A television broadcast license will only be issued to a qualified low power television licensee that: ( 1 ) Filed a Statement of Eligibility for Class A Low Power Television Station Status on or before January 28, 2000, which was granted by the Commission; and ( 2 ) Files an acceptable application for a Class A Television license (FCC Form 302-CA). §§ 73.6003-73.6005 [Reserved] § 73.6006 Channel assignments. Class A TV stations will not be authorized on channels unavailable for TV broadcast station use pursuant to § 73.603 . [ 86 FR 66213 , Nov. 22, 2021] § 73.6007 Power limitations. An application to change the facilities of an existing Class A TV station will not be accepted if it requests an effective radiated power that exceeds the power limitation specified in § 74.735 of this chapter . § 73.6008 Distance computations. The distance between two reference points must be calculated in accordance with § 73.208(c) of this part . § 73.6010 Class A TV station protected contour. ( a ) - ( b ) [Reserved] ( c ) A Class A TV station will be protected from interference within the following predicted signal contours: ( 1 ) 43 dBu for stations on Channels 2 through 6; ( 2 ) 48 dBu for stations on Channels 7 through 13; and ( 3 ) 51 dBu for stations on Channels 14 through 36. ( d ) The Class A TV station protected contour is calculated from the effective radiated power and antenna height above average terrain, using the F(50,90) signal propagation method specified in § 73.619(b)(1) . ( e ) A digital Class A DTS station will be protected from interference within its Class A DTS protected area as defined by § 73.6023(d) . [ 86 FR 66213 , Nov. 22, 2021, as amended at 86 FR 21227 , Apr. 22, 2021; 89 FR 7263 , Feb. 1, 2024] § 73.6017 Class A TV station protection of Class A TV stations. An application to change the facilities of a Class A TV station will not be accepted if it fails to protect authorized Class A stations in accordance with the requirements of § 74.793 (b) through (d) and § 74.793(g) of this chapter . This protection must be afforded to applications for changes in other authorized Class A stations filed prior to the date the Class A application is filed. [ 89 FR 7263 , Feb. 1, 2024] § 73.6018 Class A TV station protection of TV stations. Class A TV stations must protect the TV service that would be provided by the facilities specified in the Table of TV Allotments in § 73.622(j) , by authorized TV stations, and by applications that propose to expand TV stations' allotted or authorized coverage contour in any direction. Protection of these allotments, stations, and applications must be based on meeting the requirements of § 74.793 (b) through (e) of this chapter . An application to change the facilities of a Class A TV station will not be accepted if it fails to protect these TV allotments, stations, and applications in accordance with this section. [ 89 FR 7263 , Feb. 1, 2024] § 73.6019 Class A TV station protection of low power TV and TV translator stations. An application to change the facilities of a Class A TV station will not be accepted if it fails to protect authorized low power TV and TV translator stations in accordance with the requirements of § 74.793(b) through (d) and (h) of this chapter . This protection must be afforded to applications for changes filed prior to the date the Class A station application is filed. [ 89 FR 7263 , Feb. 1, 2024] § 73.6020 Protection of stations in the land mobile radio service. An application to change the facilities of an existing Class A TV station will not be accepted if it fails to protect stations in the land mobile radio service pursuant to the requirements specified in § 74.709 of this chapter . [ 89 FR 7263 , Feb. 1, 2024] § 73.6022 Negotiated interference and relocation agreements. ( a ) Notwithstanding the technical criteria in this subpart J of this part , subpart E of this part , and subpart G of part 74 of this chapter regarding interference protection to and from Class A TV stations, Class A TV stations may negotiate agreements with parties of authorized and proposed TV, LPTV, TV translator, Class A TV stations or other affected parties to resolve interference concerns; provided, however, other relevant requirements are met with respect to the parties to the agreement. A written and signed agreement must be submitted with each application or other request for action by the Commission. Negotiated agreements under this paragraph can include the exchange of money or other considerations from one entity to another. Applications submitted pursuant to the provisions of this paragraph (a) will be granted only if the Commission finds that such action is consistent with the public interest. ( b ) [Reserved] [ 89 FR 7263 , Feb. 1, 2024] § 73.6023 Distributed transmission systems. ( a ) Station licensees may operate a commonly owned group of Class A stations with contiguous predicted TV noise-limited contours (pursuant to § 73.619(c) ) on a common television channel in a distributed transmission system. ( b ) A Class A TV station may be authorized to operate multiple synchronized transmitters on its assigned channel to provide service consistent with the requirements of this section. Such operation is called a distributed transmission system (DTS). Except as expressly provided in this section, Class A stations operating a DTS facility must comply with all rules in this part applicable to Class A single-transmitter stations. ( c ) For purposes of compliance with this section, a Class A station's “authorized facility” is the facility authorized for the station in a license or construction permit for non-DTS, single-transmitter-location operation. A Class A station's “authorized service area” is defined as the area within its protected contour (described by § 73.6010(c) ) as determined using the authorized facility. ( d ) The protected area for each DTS transmitter is determined based on the F(50,90) field strength given in § 73.6010(c) , calculated in accordance with § 73.625(b) . The combined protected area of a Class A DTS station is the logical union of the protected areas of all DTS transmitters, that falls within the station's authorized service area as defined in paragraph (c) of this section. ( e ) The DTS limiting area for each DTS transmitter is determined using the field strength from § 73.6010(c) and the F(50,50) curves. ( f ) An application proposing use of DTS will not be accepted for filing unless it meets all of the following conditions: ( 1 ) The combined protected area covers all of the applicant's authorized service area; ( 2 ) Each DTS transmitter's Class A DTS limiting contour falls within the authorized facility's Class A DTS limiting contour; ( 3 ) Each DTS transmitter's protected area is contiguous with at least one other DTS transmitter's protected area; ( 4 ) The “combined field strength” of all DTS transmitters in a network does not cause interference to another station in excess of the criteria specified in §§ 73.6017 , 73.6018 , 73.6019 , and 73.6020 . The combined field strength at a given location is determined by a “root-sum-square” calculation, in which the combined field strength is equal to the square root of the sum of the squared field strengths from each transmitter in the DTS network at that location; and ( 5 ) Each DTS transmitter must be located within the station's authorized service area. ( g ) All transmitters operating under a single Class A DTS license must follow the same digital broadcast television transmission standard. [ 89 FR 7264 , Feb. 1, 2024] § 73.6024 Transmission standards and system requirements. ( a ) A Class A TV station must meet the requirements of §§ 73.682 and 73.687 , except as provided in paragraph (b) of this section. ( b ) A Class A TV station may continue to operate with the transmitter operated under its previous LPTV license, provided such operation does not cause any condition of uncorrectable interference due to radiation of radio frequency energy outside of the assigned channel. Such operation must continue to meet the requirements of § 74.750 of this chapter . ( c ) [Reserved] ( d ) A Class A station must meet the emission requirements of § 74.794 of this chapter . Stations within 275 kilometers of the US-Mexico border shall specify the full-service emission mask. [ 65 FR 30009 , May 10, 2000, as amended at 66 FR 21690 , May 1, 2001; 69 FR 69331 , Nov. 29, 2004; 89 FR 7264 , Feb. 1, 2024] § 73.6025 Antenna system and station location. ( a ) Applications for modified Class A TV facilities proposing the use of directional antenna systems must include all appropriate documentation specified in § 73.625(c)(3) . ( b ) [Reserved] ( c ) Where a Class A TV licensee or permittee proposes to mount its antenna on or near an AM tower, as defined in § 1.30002 , the Class A TV licensee or permittee must comply with § 1.30003 or § 1.30002 . ( d ) Class A TV stations are subject to the provisions in § 73.617(d) regarding blanketing interference. [ 65 FR 30009 , May 10, 2000, as amended at 78 FR 66298 , Nov. 5, 2013; 89 FR 7264 , Feb. 1, 2024] § 73.6026 Broadcast regulations applicable to Class A television stations. The following rules are applicable to Class A television stations: ( a ) Section 73.603 Numerical designation of television channels. ( b ) Section 73.624(b), (c), and (g) Television broadcast stations. ( c ) Section 73.658 Affiliation agreements and network program practice; territorial exclusivity in non-network program arrangements. ( d ) Section 73.664 Determining operating power. ( e ) Section 73.670 Commercial limits in children's programs. ( f ) Section 73.671 Educational and informational programming for children. ( g ) Section 73.673 Public information initiatives regarding educational and informational programming for children. ( h ) Section 73.688 Indicating instruments. ( i ) Section 73.1030 Notifications concerning interference to radio astronomy, research and receiving installations. ( j ) Section 73.3615(a) and (g) Ownership reports. [ 89 FR 7264 , Feb. 1, 2024] § 73.6028 Class A television channel sharing outside the incentive auction. ( a ) Eligibility. Subject to the provisions of this section, Class A television stations may voluntarily seek Commission approval to share a single six megahertz channel with other Class A, full power, low power, or TV translator television stations. ( b ) Licensing of channel sharing stations. ( 1 ) Each station sharing a single channel pursuant to this section shall continue to be licensed and operated separately, have its own call sign, and be separately subject to all of the Commission's obligations, rules, and policies. ( 2 ) A station relinquishing its channel must file an application for a construction permit, include a copy of the Channel Sharing Agreement (CSA) as an exhibit, and cross reference the other sharing station(s). Any engineering changes necessitated by the CSA may be included in the station's application. Upon initiation of shared operations, the station relinquishing its channel must notify the Commission that it has terminated operation pursuant to § 73.1750 and each sharing station must file an application for license. ( c ) Channel sharing between Class A television stations and full power, low power television, and TV translator stations. ( 1 ) A Class A television sharee station (defined as a station relinquishing a channel in order to share) that is a party to a CSA with a full power television sharer station (defined as the station hosting a sharee pursuant to a CSA) must comply with the rules of this part governing power levels and interference, and must comply in all other respects with the rules and policies applicable to Class A television stations, as set forth in §§ 73.6000 through 73.6027 . ( 2 ) A Class A television sharee station that is a party to a CSA with a low power television or TV translator sharer station must comply with the rules of part 74 of this chapter governing power levels and interference that are applicable to low power television or TV translator stations, and must comply in all other respects with the rules and policies applicable to Class A television stations, as set forth in §§ 73.6000 through 73.6027 . ( d ) Deadline for implementing CSAs. CSAs submitted pursuant to this section must be implemented within three years of the grant of the initial channel sharing construction permit. ( e ) Channel sharing agreements (CSAs). ( 1 ) CSAs submitted under this section must contain provisions outlining each licensee's rights and responsibilities regarding: ( i ) Access to facilities, including whether each licensee will have unrestrained access to the shared transmission facilities; ( ii ) Allocation of bandwidth within the shared channel; ( iii ) Operation, maintenance, repair, and modification of facilities, including a list of all relevant equipment, a description of each party's financial obligations, and any relevant notice provisions; ( iv ) Transfer/assignment of a shared license, including the ability of a new licensee to assume the existing CSA; and ( v ) Termination of the license of a party to the CSA, including reversion of spectrum usage rights to the remaining parties to the CSA. ( 2 ) CSAs must include provisions: ( i ) Affirming compliance with the channel sharing requirements in this section and all relevant Commission rules and policies; and ( ii ) Requiring that each channel sharing licensee shall retain spectrum usage rights adequate to ensure a sufficient amount of the shared channel capacity to allow it to provide at least one Standard Definition program stream at all times. ( f ) Termination and assignment/transfer of shared channel. ( 1 ) Upon termination of the license of a party to a CSA, the spectrum usage rights covered by that license may revert to the remaining parties to the CSA. Such reversion shall be governed by the terms of the CSA in accordance with paragraph (e)(1)(v) of this section. If upon termination of the license of a party to a CSA only one party to the CSA remains, the remaining licensee may file an application for license to change its status to non-shared. ( 2 ) If the rights under a CSA are transferred or assigned, the assignee or the transferee must comply with the terms of the CSA in accordance with paragraph (e)(1)(iv) of this section. If the transferee or assignee and the licensees of the remaining channel sharing station or stations agree to amend the terms of the existing CSA, the agreement may be amended, subject to Commission approval. ( g ) Notice to cable systems. ( 1 ) Stations participating in channel sharing agreements must provide notice to cable systems that: ( i ) No longer will be required to carry the station because of the relocation of the station; ( ii ) Currently carry and will continue to be obligated to carry a station that will change channels; or ( iii ) Will become obligated to carry the station due to a channel sharing relocation. ( 2 ) The notice required by this section must contain the following information: ( i ) Date and time of any channel changes; ( ii ) The channel occupied by the station before and after implementation of the CSA; ( iii ) Modification, if any, to antenna position, location, or power levels; ( iv ) Stream identification information; and ( v ) Engineering staff contact information. ( 3 ) Should any of the information in paragraph (g)(2) of this section change, an amended notification must be sent. ( 4 ) Sharee stations must provide notice as required by this section at least 90 days prior to terminating operations on the sharee's channel. Sharer stations and sharee stations must provide notice as required by this section at least 90 days prior to initiation of operations on the sharer channel. Should the anticipated date to either cease operations or commence channel sharing operations change, the stations must send a further notice to affected cable systems informing them of the new anticipated date(s). ( 5 ) Notifications provided to cable systems pursuant to this section must be either mailed to the system's official address of record provided in the cable system's most recent filing in the FCC's Cable Operations and Licensing System (COALS) Form 322, or emailed to the system if the system has provided an email address. [ 82 FR 18250 , Apr. 18, 2017] § 73.6029 Class A television simulcasting during the ATSC 3.0 (Next Gen TV) transition. Cross Reference Link to an amendment published at 88 FR 45367 , July 17, 2023. ( a ) Simulcasting arrangements. For purposes of compliance with the simulcasting requirement in paragraph (b) of this section, a Class A television station may partner with one or more other Class A stations or with one or more full power, LPTV, or TV translator stations in a simulcasting arrangement for purposes of airing either an ATSC 1.0 or ATSC 3.0 signal on a host station's ( i.e., a station whose facilities are being used to transmit programming originated by another station) facilities. ( 1 ) A Class A television station airing an ATSC 1.0 or ATSC 3.0 signal on the facilities of a full power host station must comply with the rules of Part 73 of this chapter governing power levels and interference, and must comply in all other respects with the rules and policies applicable to Class A television stations, as set forth in this subpart. ( 2 ) A Class A television station airing an ATSC 1.0 or ATSC 3.0 signal on the facilities of a low power television or TV translator host station must comply with the rules of part 74 of this chapter governing power levels and interference that are applicable to low power television or TV translator stations, and must comply in all other respects with the rules and policies applicable to Class A television stations, as set forth in this subpart. ( b ) Simulcasting requirement. A Class A television station that chooses to air an ATSC 3.0 signal must simulcast the primary video programming stream of that signal in an ATSC 1.0 format. This requirement does not apply to any multicast streams aired on the ATSC 3.0 channel. ( 1 ) The programming aired on the ATSC 1.0 simulcast signal must be “substantially similar” to that aired on the ATSC 3.0 primary video programming stream. For purposes of this section, “substantially similar” means that the programming must be the same except for advertisements, promotions for upcoming programs, and programming features that are based on the enhanced capabilities of ATSC 3.0. These enhanced capabilities include: ( i ) Hyper-localized content (e.g., geo-targeted weather, targeted emergency alerts, and hyper-local news): ( ii ) Programming features or improvements created for the ATSC 3.0 service (e.g., emergency alert “wake up” ability and interactive program features); ( iii ) Enhanced formats made possible by ATSC 3.0 technology (e.g., 4K or HDR); and ( iv ) Personalization of programming performed by the viewer and at the viewer's discretion. ( 2 ) For purposes of paragraph (b)(1) of this section, programming that airs at a different time on the ATSC 1.0 simulcast signal than on the primary video programming stream of the ATSC 3.0 signal is not considered “substantially similar.” ( 3 ) The “substantially similar” requirement in paragraph (b)(1) of this section will sunset on July 17, 2027. ( c ) Coverage requirements for the ATSC 1.0 simulcast signal. For Class A broadcasters that elect temporarily to relocate their ATSC 1.0 signal to the facilities of a host station for purposes of deploying ATSC 3.0 service (and that convert their existing facilities to ATSC 3.0), the station: ( 1 ) Must maintain overlap between the protected contour ( § 73.6010(c) ) of its existing signal and its ATSC 1.0 simulcast signal; ( 2 ) May not relocate its ATSC 1.0 simulcast signal more than 30 miles from the reference coordinates of the relocating station's existing antenna location; and ( 3 ) Must select a host station assigned to the same DMA as the originating station ( i.e., the station whose programming is being transmitted on the host station). ( d ) Coverage requirements for ATSC 3.0 signals. For Class A broadcasters that elect to continue broadcasting in ATSC 1.0 from the station's existing facilities and transmit an ATSC 3.0 signal on the facilities of a host station, the ATSC 3.0 signal must be established on a host station assigned to the same DMA as the originating station. ( e ) Simulcasting agreements. ( 1 ) Simulcasting agreements must contain provisions outlining each licensee's rights and responsibilities regarding: ( i ) Access to facilities, including whether each licensee will have unrestrained access to the host station's transmission facilities; ( ii ) Allocation of bandwidth within the host station's channel; ( iii ) Operation, maintenance, repair, and modification of facilities, including a list of all relevant equipment, a description of each party's financial obligations, and any relevant notice provisions; ( iv ) Conditions under which the simulcast agreement may be terminated, assigned or transferred; and ( v ) How a guest station's ( i.e., a station originating programming that is being transmitted using the facilities of a host station) signal may be transitioned off the host station. ( 2 ) Broadcasters must maintain a written copy of any simulcasting agreement and provide it to the Commission upon request. ( f ) Licensing of simulcasting stations and stations converting to ATSC 3.0 operation. ( 1 ) Each station participating in a simulcasting arrangement pursuant to this section shall continue to be licensed and operated separately, have its own call sign, and be separately subject to all applicable Commission obligations, rules, and policies. ATSC 1.0 and ATSC 3.0 signals aired on the facilities of a host station will be licensed as temporary second channels of the originating station. The Commission will include a note on the originating station's license identifying any ATSC 1.0 or ATSC 3.0 signal being aired on the facilities of a host station. The Commission will also include a note on a host station's license identifying any ATSC 1.0 or ATSC 3.0 guest signal(s) being aired on the facilities of the host station. ( 2 ) Application required. A Class A broadcaster must file an application (FCC Form 2100) with the Commission, and receive Commission approval, before: ( i ) Moving its ATSC 1.0 signal to the facilities of a host station, moving that signal from the facilities of an existing host station to the facilities of a different host station, or discontinuing an ATSC 1.0 guest signal; ( ii ) Commencing the airing of an ATSC 3.0 signal on the facilities of a host station (that has already converted to ATSC 3.0 operation), moving its ATSC 3.0 signal to the facilities of a different host station, or discontinuing an ATSC 3.0 guest signal; or ( iii ) Converting its existing station to transmit an ATSC 3.0 signal or converting the station from ATSC 3.0 back to ATSC 1.0 transmissions. ( 3 ) Streamlined process. With respect to an application in paragraph (f)(2) of this section, a Class A broadcaster may file only an application for modification of license provided no other changes are being requested in such application that would require the filing of an application for a construction permit as otherwise required by the rules ( see, e.g., § 73.1690 ). ( 4 ) Host station. A host station must first make any necessary changes to its facilities before a guest station may file an application to air a 1.0 or 3.0 signal on such host. ( 5 ) Expedited processing. An application filed in accordance with the streamlined process in paragraph (f)(3) of this section will receive expedited processing provided, for stations requesting to air an ATSC signal on the facilities of a host station, the station will provide ATSC 1.0 service to at least 95 percent of the predicted population within the noise limited service contour of its original ATSC 1.0 facility. ( 6 ) Required information. ( i ) An application in paragraph (f)(2) of this section must include the following information: ( A ) The station serving as the host, if applicable; ( B ) The technical facilities of the host station, if applicable; ( C ) The DMA of the originating broadcaster's facility and the DMA of the host station, if applicable; and ( D ) Any other information deemed necessary by the Commission to process the application. ( ii ) If an application in paragraph (f)(2) of this section includes a request to air an ATSC 1.0 signal on the facilities of a host station, the broadcaster must, in addition to the information in paragraph (f)(6)(i), also indicate on the application: ( A ) The predicted population within the protected contour served by the station's original ATSC 1.0 signal; ( B ) The predicted population within the protected contour served by the station's original ATSC 1.0 signal that will lose the station's ATSC 1.0 service as a result of the simulcasting arrangement, including identifying areas of service loss by providing a contour overlap map; and ( C ) Whether the ATSC 1.0 simulcast signal aired on the host station will serve at least 95 percent of the population in paragraph (f)(6)(ii)(A) of this section. ( iii ) ( A ) If an application in paragraph (f)(2) of this section includes a request to air an ATSC 1.0 signal on the facilities of a host station and does not meet the 95 percent standard in paragraph (f)(6)(ii) of this section, the application must contain, in addition to the information in paragraphs (f)(6)(i) and (ii) of this section, the following information: ( 1 ) Whether there is another possible host station(s) in the market that would result in less service loss to existing viewers and, if so, why the Next Gen TV broadcaster chose to partner with a host station creating a larger service loss; ( 2 ) What steps, if any, the station plans to take to minimize the impact of the service loss (e.g., providing ATSC 3.0 dongles, set-top boxes, or gateway devices to viewers in the loss area); and ( 3 ) The public interest benefits of the simulcasting arrangement and a showing of why the benefit(s) of granting the application would outweigh the harm(s). ( B ) These applications will be considered on a case-by-case basis. ( g ) Consumer education for Next Gen TV stations. ( 1 ) Class A stations that relocate their ATSC 1.0 signals (e.g., moving to a host station's facilities, subsequently moving to a different host, or returning to its original facility) will be required to air daily Public Service Announcements (PSAs) or crawls every day for 30 days prior to the date that the stations will terminate ATSC 1.0 operations on their existing facilities. Stations that transition directly to ATSC 3.0 will be required to air daily PSAs or crawls every day for 30 days prior to the date that the stations will terminate ATSC 1.0 operations. ( 2 ) PSAs. Each PSA must be provided in the same language as a majority of the programming carried by the transitioning station and be closed-captioned. ( 3 ) Crawls. Each crawl must be provided in the same language as a majority of the programming carried by the transitioning station. ( 4 ) Content of PSAs or crawls. For stations relocating their ATSC 1.0 signals or transitioning directly to ATSC 3.0, each PSA or crawl must provide all pertinent information to consumers. ( h ) Notice to MVPDs. ( 1 ) Next Gen TV stations relocating their ATSC 1.0 signals (e.g., moving to a temporary host station's facilities, subsequently moving to a different host, or returning to its original facility) must provide notice to MVPDs that: ( i ) No longer will be required to carry the station's ATSC 1.0 signal due to the relocation; or ( ii ) Carry and will continue to be obligated to carry the station's ATSC 1.0 signal from the new location. ( 2 ) The notice required by this section must contain the following information: ( i ) Date and time of any ATSC 1.0 channel changes; ( ii ) The ATSC 1.0 channel occupied by the station before and after commencement of local simulcasting; ( iii ) Modification, if any, to antenna position, location, or power levels; ( iv ) Stream identification information; and ( v ) Engineering staff contact information. ( 3 ) If any of the information in paragraph (h)(2) of this section changes, an amended notification must be sent. ( 4 ) ( i ) Next Gen TV stations must provide notice as required by this section: ( A ) At least 120 days in advance of relocating their ATSC 1.0 signals if the relocation occurs during the post-incentive auction transition period; or ( B ) At least 90 days in advance of relocating their ATSC 1.0 signals if the relocation occurs after the post-incentive auction transition period. ( ii ) If the anticipated date of the ATSC 1.0 signal relocation changes, the station must send a further notice to affected MVPDs informing them of the new anticipated date. ( 5 ) Next Gen TV stations may choose whether to provide notice as required by this section either by a letter notification or electronically via email if the relevant MVPD agrees to receive such notices by email. Letter notifications to MVPDs must be sent by certified mail, return receipt requested to the MVPD's address in the FCC's Online Public Inspection File (OPIF), if the MVPD has an online file. For cable systems that do not have an online file, notices may be sent to the cable system's official address of record provided in the system's most recent filing in the FCC's Cable Operations and Licensing System (COALS). For MVPDs with no official address in OPIF or COALS, the letter must be sent to the MVPD's official corporate address registered with their State of incorporation. [ 83 FR 5024 , Feb. 2, 2018, as amended at 85 FR 43492 , July 17, 2020; 88 FR 45367 , July 17, 2023] § 73.6030 Low Power Protection Act. ( a ) Definitions. For purposes of the Low Power Protection Act, a low power television station's Designated Market Area (DMA) shall be defined as the DMA where its transmission facilities ( i.e., the structure on which its antenna is mounted) are located. DMAs are determined by Nielsen Media Research. A low power television station shall be defined in accordance with § 74.701(k) . ( b ) Eligibility requirements. In order to be eligible for Class A status under the Low Power Television Protection Act, low power television licensees must: ( 1 ) Have been operating in a DMA with not more than 95,000 television households as of January 5, 2023; ( 2 ) Have been broadcasting a minimum of 18 hours per day between October 7, 2022 and January 5, 2023; ( 3 ) Have been broadcasting a minimum of at least three hours per week of locally produced programming between October 7, 2022 and January 5, 2023; ( 4 ) Have been operating in compliance with the Commission's requirements applicable to low power television stations between October 7, 2022 and January 5, 2023; ( 5 ) Be in compliance with the Commission's operating rules for full-power television stations from and after the date of its application for a Class A license; and ( 6 ) Demonstrate that the Class A station for which the license is sought will not cause any interference described in 47 U.S.C. 336(f)(7) . ( c ) Application requirements. Applications for conversion to Class A status must be submitted using FCC Form 2100, Schedule F within one year beginning on the date on which the Commission issues notice that the rules implementing the Low Power Protection Act takes effect. The licensee will be required to submit, as part of its application, a statement concerning the station's operating schedule during the 90 days preceding January 5, 2023 and a list of locally produced programs aired during that time period. The applicant may also submit other documentation, or may be requested by Commission staff to submit other documentation, to support its certification that the licensee meets the eligibility requirements for a Class A license under the Low Power Protection Act. ( d ) Licensing requirements. A Class A television broadcast license will only be issued under the Low Power Protection Act to a low power television licensee that files an application for a Class A Television license (FCC Form 2100, Schedule F), which is granted by the Commission. ( e ) Service requirements. Stations that convert to Class A status pursuant to the Low Power Protection Act are required to meet the service requirements specified in § 73.6001(b) through (d) of this chapter for the term of their Class A license. In addition, such stations must remain in compliance with the programming and operational standards set forth in the Low Power Protection Act for the term of their Class A license. In addition, such stations must continue to operate in DMAs with not more than 95,000 television households in order to maintain their Class A status unless the population in the station's DMA later exceeds 95,000 television households through population growth, a change in the boundaries of a qualifying DMA such that the population of the DMA exceeds 95,000 television households, or the merger of a qualifying DMA into another DMA such that the combined DMA exceeds 95,000 television households. LPPA Class A stations will not be permitted to initiate a move to a different DMA with more than 95,000 television households at the time of the move and still retain their Class A status. ( f ) Other regulations. From and after the date of applying for Class A status under the Low Power Protection Act, stations must comply with the requirements applicable to Class A stations specified in subpart J of this part ( §§ 73.6000 through 73.6029 ) and must continue to comply with such requirements for the term of their Class A license. [ 89 FR 1477 , Jan. 10, 2024, as amended at 89 FR 47088 , May 31, 2024] Subpart K—Application and Selection Procedures for Reserved Noncommercial Educational Channels, and for Certain Applications for Noncommercial Educational Stations on Non-Reserved Channels Source: 65 FR 36380 , June 8, 2000, unless otherwise noted. § 73.7000 Definition of terms (as used in subpart K only). Attributable interest. An interest of an applicant, its parent, subsidiaries, their officers, and members of their governing boards that would be cognizable under the standards in the notes to § 73.3555 . Also an interest of an entity providing more than 33 percent of an applicant's equity and/or debt that also either ( 1 ) supplies more than 15% of the station's weekly programming, or ( 2 ) has an attributable interest pursuant to § 73.3555 in media in the same market. Established local applicant. An applicant that has, for at least the two years (24 months) immediately preceding application, met the definition of local applicant. Local applicant. An applicant physically headquartered, having a campus, or having 75% of board members residing within 25 miles of the reference coordinates for the community to be served, or a governmental entity within its area of jurisdiction. Near reservation lands. Those areas or communities adjacent or contiguous to reservation or other Trust lands which are designated by the Department of Interior's Commission of Indian Affairs upon recommendation of the Local Bureau of Indian Affairs Superintendent, which recommendation shall be based upon consultation with the tribal governing body of those reservations, as locales appropriate for the extension of financial assistance and/or social services on the basis of such general criteria as: Number of Indian people native to the reservation residing in the area; a written designation by the tribal governing body that members of their tribe and family members who are Indian residing in the area, are socially, culturally and economically affiliated with their tribe and reservation; geographical proximity of the area to the reservation and administrative feasibility of providing an adequate level of services to the area. Nonreserved (Unreserved) channels. Channels which are not reserved exclusively for noncommercial educational use, and for which commercial entities could thus be eligible to operate full power stations. Such channels appear without an asterisk designation in the FM Table of Allotments ( § 73.202 ) and TV Table of Allotments ( § 73.622(j) ). In the event of a request to allocate a nonreserved channel as reserved pursuant to § 73.202(a) or § 73.622 )(j), the channel remains classified as nonreserved until release of a Commission decision granting such request. On-air operations. Broadcast of program material to the public pursuant to Commission authority, generally beginning with program test authority, for periods of time that meet any required minimum operating schedule, e.g., § 73.561(a) . Population. The number of people calculated using the most recent census block data provided by the United States Census Bureau. Reservations. Any federally recognized Indian tribe's reservation, pueblo or colony, including former reservations in Oklahoma, Alaska Native regions established pursuant to the Alaska Native Claims Settlements Act (85 Stat. 688) and Indian allotments, for which a Tribe exercises regulatory jurisdiction. Reserved channels. Channels reserved exclusively for noncommercial educational use, whether by the portion of the spectrum in which they are located ( i.e., FM channels 200 to 220) or by a case-by-case Commission allotment decision (channels that appear with an asterisk designation in the FM Table of Allotments ( § 73.202 ) or TV Table of Allotments ( § 73.622(j) ). Tribe. Any Indian or Alaska Native tribe, band, nation, pueblo, village or community which is acknowledged by the federal government to constitute a government-to-government relationship with the United States and eligible for the programs and services established by the United States for Indians. See The Federally Recognized Indian Tribe List Act of 1994 (Indian Tribe Act), Public Law 103-454. 108 Stat. 4791 (1994) (the Secretary of the Interior is required to publish in the Federal Register an annual list of all Indian Tribes which the Secretary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indians). Tribal applicant. ( 1 ) A Tribe or consortium of Tribes, or ( 2 ) An entity that is 51 percent or more owned or controlled by a Tribe or Tribes that occupy Tribal Lands that receive Tribal Coverage. Tribal coverage. ( 1 ) Coverage of a Tribal Applicant's or Tribal Applicants' Tribal Lands by at least 50 percent of a facility's 60 dBu (1 mV/m) contour, or ( 2 ) The facility's 60 dBu (1 mV/m) contour— ( i ) Covers 50 percent or more of a Tribal Applicant's or Tribal Applicants' Tribal Lands, ( ii ) Serves at least 2,000 people living on Tribal Lands, and ( iii ) The total population on Tribal Lands residing within the station's service contour constitutes at least 50 percent of the total covered population. In neither paragraphs (1) nor (2) of this definition may the applicant claim the priority if the proposed principal community contour would cover more than 50 percent of the Tribal Lands of a non-applicant Tribe. To the extent that Tribal Lands include fee lands not owned by Tribes or members of Tribes, the outer boundaries of such lands shall delineate the coverage area, with no deduction of area for fee lands not owned by Tribes or members of Tribes. Tribal lands. Both Reservations and Near reservation lands. This definition includes American Indian Reservations and Trust Lands, Tribal Jurisdiction Statistical Areas, Tribal Designated Statistical Areas, Hawaiian Homelands, and Alaska Native Village Statistical Areas, as well as the communities situated on such lands. [ 65 FR 36380 , June 8, 2000, as amended at 66 FR 15356 , Mar. 19, 2001; 75 FR 9807 , Mar. 4, 2010; 76 FR 18953 , Apr. 6, 2011; 86 FR 66213 , Nov. 22, 2021] § 73.7001 Services subject to evaluation by point system. ( a ) A point system will be used to evaluate mutually exclusive applications for new radio, television, and FM translator facilities, and for major changes to existing facilities, on reserved channels. ( b ) A point system will be used to evaluate mutually exclusive applications for new radio, television, and FM translator facilities, and for major changes to existing facilities, on non-reserved channels, only when all of the mutually exclusive applications are for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6)(A) or 47 U.S.C. 397(6)(B) . ( c ) A point system will be used to evaluate mutually exclusive applications for new television translator and low power television facilities, and for major changes to existing facilities, only when all of the mutually exclusive applications are for noncommercial educational broadcast stations, as described in 47 U.S.C. 397(6)(B) . [ 65 FR 36380 , June 8, 2000, as amended at 68 FR 26229 , May 15, 2003] § 73.7002 Fair distribution of service on reserved band FM channels. ( a ) If timely filed applications for full service stations on reserved FM channels are determined to be mutually exclusive, and will serve different communities, the Commission will first determine, as a threshold issue, whether grant of a particular application would substantially further the fair distribution of service goals enunciated in section 307(b) of the Communications Act, 47 U.S.C. 307(b) . ( b ) In an analysis performed pursuant to paragraph (a) of this section, a full-service FM applicant that identifies itself as a Tribal Applicant, that proposes Tribal Coverage, and that proposes the first reserved channel NCE service owned by any Tribal Applicant at a community of license located on Tribal Lands, will be awarded a construction permit. If two or more full-service FM applicants identify themselves as Tribal Applicants and meet the above criteria, the applicant providing the most people with reserved channel NCE service to Tribal Lands will be awarded a construction permit, regardless of the magnitude of the superior service or the populations of the communities of license proposed, if different. If two or more full-service FM applicants identifying themselves as Tribal Applicants each meet the above criteria and propose identical levels of NCE aural service to Tribal Lands, only those applicants shall proceed to be considered together in a point system analysis. In an analysis performed pursuant to paragraph (a) of this section that does not include a Tribal Applicant, a full service FM applicant that will provide the first or second reserved channel noncommercial educational (NCE) aural signal received by at least 10% of the population within the station's 60dBu (1mV/m) service contours will be considered to substantially further fair distribution of service goals and to be superior to mutually exclusive applicants not proposing that level of service, provided that such service to fewer than 2,000 people will be considered insignificant. First service to 2,000 or more people will be considered superior to second service to a population of any size. If only one applicant will provide such first or second service, that applicant will be selected as a threshold matter. If more than one applicant will provide an equivalent level (first or second) of NCE aural service, the size of the population to receive such service from the mutually exclusive applicants will be compared. The applicant providing the most people with the highest level of service will be awarded a construction permit, if it will provide such service to 5,000 or more people than the next best applicant. If none of the applicants in a mutually exclusive group would substantially further fair distribution goals, all applicants will proceed to examination under a point system. If two or more applicants will provide the same level of service to an equivalent number of people (differing by less than 5,000), only those equivalent applicants will be considered together in a point system. ( c ) ( 1 ) For a period of four years of on-air operations, an applicant receiving a decisive preference pursuant to this section is required to construct and operate technical facilities substantially as proposed. During this period, such applicant may make minor modifications to its authorized facilities, provided that either: ( i ) The modification does not downgrade service to the area on which the preference was based; or ( ii ) Any potential loss of first and second NCE service is offset by at least equal first and, separately, combined first and second NCE service population gain(s), and the applicant would continue to qualify for a decisive Section 307(b) preference. ( 2 ) Additionally, for a period beginning from the award of a construction permit through four years of on-air operations, a Tribal Applicant receiving a decisive preference pursuant to this section may not: ( i ) Assign or transfer the authorization except to another party that qualifies as a Tribal Applicant; ( ii ) Change the facility's community of license; or ( iii ) Effect a technical change that would cause the facility to provide less than full Tribal Coverage. [ 65 FR 36380 , June 8, 2000, as amended at 66 FR 15356 , Mar. 19, 2001; 75 FR 9807 , Mar. 4, 2010; 85 FR 7891 , Feb. 12, 2020] § 73.7003 Point system selection procedures. ( a ) If timely filed applications for reserved FM channels or reserved TV channels are determined to be mutually exclusive, applications will be processed and assessed points to determine the tentative selectee for the particular channels. The tentative selectee will be the applicant with the highest point total under the procedure set forth in this section, and will be awarded the requested permit if the Commission determines that an award will serve the public interest, convenience, and necessity. ( b ) Based on information provided in each application, each applicant will be awarded a predetermined number of points under the criteria listed: ( 1 ) Established local applicant. Three points for local applicants, as defined in § 73.7000 , who have been local continuously for no fewer than the two years (24 months) immediately prior to the application filing. ( 2 ) Local diversity of ownership. Two points for applicants with no attributable interests, as defined in § 73.7000 , in any other broadcast station or authorized construction permit (comparing radio to radio and television to television) whose principal community (city grade) contour overlaps that of the proposed station. The principal community (city grade) contour is the 5 mV/m for AM stations, the 3.16 mV/m for FM stations calculated in accordance with § 73.313(c) , and the contour identified in § 73.685(a) for TV. Radio applicants will count commercial and noncommercial AM, FM, and FM translator stations other than fill-in stations. Television applicants will count UHF, VHF, and Class A stations. ( 3 ) State-wide network. Two points for an applicant that does not qualify for the credit for local diversity of ownership, if it is: ( i ) An entity, public or private, with authority over a minimum of 50 accredited full-time elementary and/or secondary schools within a single state, encompassed by the combined primary service contours of the proposed station and its existing station(s), if the existing station(s) are regularly providing programming to the schools in furtherance of the school curriculum and the proposed station will increase the number of schools it will regularly serve; or ( ii ) An accredited public or private institution of higher learning with a minimum of five full time campuses within a single state encompassed by the combined primary service contours of the proposed station and its existing station(s), if the existing station(s) are regularly providing programming to campuses in furtherance of their curriculum and the proposed station will increase the number of campuses it will regularly serve; or ( iii ) An organization, public or private, with or without direct authority over schools, that will regularly provide programming for and in coordination with an entity described in paragraph (b)(3) (i) or (ii) of this section for use in the school curriculum. ( iv ) No entity may claim both the diversity credit and the state-wide network credit in any particular application. ( 4 ) Technical parameters. One point to the applicant covering the largest geographic area and population with its relevant contour (60 dBu for FM and Grade B for TV), provided that the applicant covers both a ten percent greater area and a ten percent greater population than the applicant with the next best technical proposal. The top applicant will receive two points instead of one point if its technical proposal covers both a 25 percent greater area and 25 percent greater population than the next best technical proposal.) ( c ) If the best qualified (highest scoring) two or more applicants have the same point accumulation, the tentative selectee will be determined by a tie-breaker mechanism as follows: ( 1 ) Tie breaker 1. Each applicant's number of attributable existing authorizations (licenses and construction permits, commercial and noncommercial) in the same service (radio or television) nationally, as of the time of application shall be compared, and the applicant with the fewest authorizations will be chosen as tentative selectee. Radio applicants will count commercial and noncommercial AM, FM, and FM translator stations other than fill-in stations. Television applicants will count UHF, VHF, and Class A stations. ( 2 ) Tie breaker 2. If a tie remains after the tie breaker in paragraph (c)(1) of this section, the tentative selectee will be the remaining applicant with the fewest pending new and major change applications in the same service at the time of filing. ( 3 ) Tie breaker 3. If a tie remains after the tie breaker in paragraph (c)(2) of this section, the tentative selectee will be the remaining applicant that can demonstrate that: ( i ) It applied in a previous filing window, and had its application accepted for filing and processed, but subsequently dismissed in favor of an applicant with superior points or a tie-breaker showing; ( ii ) It has been in continuous existence at all times from the date of that previous filing until the present; and ( iii ) It does not hold any NCE construction permit or license. ( 4 ) Voluntary time-sharing. If a tie remains after the tie breaker in paragraph (c)(3) of this section, each of the remaining tied, mutually exclusive applicants will be identified as a tentative selectee and must electronically submit, within 90-days from the release of the public notice or order announcing the remaining tie, any voluntary time-share agreement. Voluntary time-share agreements must be in writing, signed by each time-share proponent, and specify the proposed hours of operation of each time-share proponent. ( 5 ) Mandatory time-sharing. If a tie among mutually exclusive applications is not resolved through voluntary time-sharing in accordance with paragraph (c)(4) of this section, the tied applications will be reviewed for acceptability. Applicants with tied, grantable applications will be eligible for equal, concurrent, non-renewable license terms. ( i ) If a mutually exclusive group has three or fewer tied, grantable applications, the Commission will simultaneously grant these applications, assigning an equal number of hours per week to each applicant. The Commission will require each applicant subject to mandatory time-sharing to simultaneously and confidentially submit their preferred time slots to the Commission. If there are only two tied, grantable applications, the applicants must select between the following 12-hour time slots: 3 a.m.-2:59 p.m., or 3 p.m.-2:59 a.m. If there are three tied, grantable applications, each applicant must rank their preference for the following 8-hour time slots: 2 a.m.-9:59 a.m., 10 a.m.-5:59 p.m., and 6 p.m.-1:59 a.m. The Commission will require the applicants to certify that they did not collude with any other applicants in the selection of time slots. The Commission will give preference to the applicant that has been local, as defined in § 73.7000 , for the longest uninterrupted period of time. In the event an applicant neglects to designate its preferred time slots, staff will select a time slot for that applicant. ( ii ) Groups of more than three tied, grantable applications will not be eligible for licensing under this section. Where such groups exist, the Commission will dismiss all but the applications of the three applicants that have been local, as defined in § 73.7000 , for the longest uninterrupted periods of time. The Commission will then process the remaining applications as set forth in paragraph (c)(4)(i) of this section. ( d ) Settlements. At any time during this process, the applicants may advise the Commission that they are negotiating or have reached settlement, and the Commission will withhold further comparative processing for a reasonable period upon such notification. Settlement may include an agreement to share time on the channel voluntarily or other arrangement in compliance with Commission rules. Parties to a settlement shall comply with § 73.3525 , limiting any monetary payment to the applicant's reasonable and prudent expenses. ( e ) For applications filed after April 21, 2000, an applicant's maximum qualifications are established at the time of application and will be reduced for any post-application changes that negatively affect any evaluation criterion. ( f ) For applications filed on or before April 21, 2000, an applicant's maximum qualifications are established as of the relevant date listed in paragraph (f)(1) , (2) , or (3) of this section. After the relevant date for determining an applicant's maximum points, points will be reduced for any changes that negatively affect any evaluation criterion. Applicants will establish their qualifications according to the following: ( 1 ) If the applicant is in a group for which a “B” cut-off notice issued prior to April 21, 2000 its maximum non-technical qualifications are established as of the date by which applicants must supplement their applications to supply point information, and its maximum technical qualifications are established as of the date of the “B” cut-off notice; ( 2 ) If the applicant is in a group for which an “A” cut-off notice issued prior to April 21, 2000 but for which no “B” cut-off notice issued, its maximum non-technical qualifications are established as of the date by which applicants must supplement their applications to supply point information, and its maximum technical qualifications are established as of April 21, 2000; ( 3 ) If the applicant was neither placed on an “A” cut-off list prior to April 21, 2000 nor filed in response to such an “A” cut-off list, it is subject to competition from applications filed within the first filing window, and its maximum technical and non-technical qualifications will be determined as of the close of the first filing window. [ 65 FR 36380 , June 8, 2000, as amended at 66 FR 15356 , Mar. 19, 2001; 85 FR 7891 , Feb. 12, 2020] § 73.7004 Petitions to deny tentative selectee(s). ( a ) For mutually exclusive applicants subject to the selection procedures in subpart K of this part , Petitions to Deny will be accepted only against the tentative selectee(s). ( b ) Within thirty (30) days following the issuance of a public notice announcing the tentative selection of an applicant through fair distribution ( § 73.7002 ) or point system ( § 73.7003 ) procedures, petitions to deny that application may be filed. Any such petitions must contain allegations of fact supported by affidavit of a person or persons with personal knowledge thereof. ( c ) An applicant may file an opposition to any petition to deny, and the petitioner a reply to such opposition. Allegations of fact or denials thereof must be supported by affidavit of a person or persons with personal knowledge thereof. The time for filing such oppositions shall be 10 days from the filing date for petitions to deny, and the time for filing replies shall be 5 days from the filing date for oppositions. ( d ) If the Commission denies or dismisses all petitions to deny, if any are filed, and is otherwise satisfied that an applicant is qualified, the application will be granted. If the Commission determines that the points originally claimed were higher than permitted, but that there is no substantial and material question of fact of applicant qualifications, it will compare the revised point tally of the tentative selectee to the other mutually exclusive applicants and, either grant the original application or announce a new tentative selectee, as appropriate. If an applicant is found unqualified, the application shall be denied, and the applicant(s) with the next highest point tally named as the new tentative selectee. § 73.7005 Maintenance of comparative qualifications. ( a ) Assignments/Transfers. NCE stations awarded by use of the point system in § 73.7003 shall be subject to a holding period. From the grant of the construction permit and continuing until the facility has achieved four years of on-air operations, an applicant proposing to assign or transfer the construction permit/license to another party will be required to demonstrate the following two factors: that the proposed buyer would qualify for the same number of or greater points as the assignor or transferor originally received; and that consideration received and/or promised does not exceed the assignor's or transferor's legitimate and prudent expenses. For purposes of this section, legitimate and prudent expenses are those expenses reasonably incurred by the assignor or transferor in obtaining and constructing the station (e.g., expenses in preparing an application, in obtaining and installing broadcast equipment to be assigned or transferred, etc.). Costs incurred in operating the station are not recoverable (e.g., rent, salaries, utilities, music licensing fees, etc.). Any successive applicants proposing to assign or transfer the construction permit/license prior to the end of the aforementioned holding period will be required to make the same demonstrations. ( b ) Technical. In accordance with the provisions of § 73.7002 , for a period of four years of on-air operations, an NCE FM applicant receiving a decisive preference for fair distribution of service is required to construct and operate technical facilities substantially as proposed. During this period, such applicant may make minor modifications to its authorized facilities, provided that either: ( 1 ) The modification does not downgrade service to the area on which the preference was based; or ( 2 ) Any potential loss of first and second NCE service is offset by at least equal first and, separately, combined first and second NCE service population gain(s). ( c ) Point system criteria. Any applicant selected based on the point system ( § 73.7003 ) must maintain the characteristics for which it received points for a period of time commencing with the grant of the construction permit and continuing until the station has achieved at least four years of on-air operations. During this time, any applicant receiving points for diversity of ownership ( § 73.7003(b)(2) ) and selected through the point system, is prohibited from: ( 1 ) Acquiring any commercial or noncommercial AM, FM, or non-fill-in FM translator station which would overlap the principal community (city grade) contour of its NCE FM station received through the award of diversity points; ( 2 ) Acquiring any UHF, VHF, or Class A television station which would overlap the principal community (city grade) contour of its NCE television station received through the award of diversity points; ( 3 ) Proposing any modification to its NCE FM station received through the award of diversity points which would create overlap of the principal community (city grade) contour of such station with any attributable authorized commercial or noncommercial AM, FM, or non-fill-in FM translator station; ( 4 ) Proposing any modification to its NCE television station received through the award of diversity points which would create overlap of the principal community (city grade) contour of such station with any attributable authorized UHF, VHF, or Class A television station; ( 5 ) Proposing modifications to any attributable commercial or noncommercial AM, FM, or non-fill-in FM translator station which would create overlap with the principal community (city grade) contour of its NCE FM station received through the award of diversity points; and ( 6 ) Proposing modifications to any attributable UHF, VHF, or Class A television station which would create overlap with the principal community (city grade) contour of its NCE television station received through the award of diversity points. This restriction applies to the applicant itself, any parties to the application, and any party that acquires an attributable interest in the permittee or licensee during this time period. ( d ) Non-comparative permits. The holding period in this section does not apply to construction permits that are awarded on a non-comparative basis, such as those awarded to non-mutually exclusive applicants or through settlement. [ 65 FR 36380 , June 8, 2000, as amended at 85 FR 7891 , Feb. 12, 2020] Subpart L—Incorporated Standards Source: 76 FR 62642 , Oct. 11, 2011, unless otherwise noted. § 73.8000 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . To enforce any edition other than that specified in this section, the Federal Communications Commission (FCC) must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the FCC and at the National Archives and Records Administration (NARA). Contact the FCC at: Federal Communications Commission's Reference Information Center, located at the address of the FCC's main office indicated in 47 CFR 0.401(a) . For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov . The material may be obtained from the following sources: ( a ) Advanced Television Systems Committee (ATSC), 1300 I Street NW, Suite 400E, Washington, DC 20005; website: www.atsc.org/standards.html . ( 1 ) ATSC A/52: “ATSC Standard Digital Audio Compression (AC-3),” 1995, IBR approved for § 73.682 . ( 2 ) ATSC A/53 Parts 1-4 and 6: 2007 “ATSC Digital Television Standard,” (January 3, 2007) and ATSC A/53 Part 5: 2010 “ATSC Digital Television Standard: Part 5—AC-3 Audio System Characteristic,” (July 6, 2010); IBR approved for § 73.682 . as listed below: ( i ) A/53, Part 1:2007, “Digital Television System” (January 3, 2007). ( ii ) A/53, Part 2:2007, “RF/Transmission System Characteristics” (January 3, 2007). ( iii ) A/53, Part 3:2007, “Service Multiplex and Transport Subsystem Characteristics” (January 3, 2007). ( iv ) A/53, Part 4:2007, “MPEG-2 Video System Characteristics” (January 3, 2007), except for § 6.1.2 of A/53 Part 4: 2007, and the phrase “see Table 6.2” in section 6.1.1 Table 6.1 and section 6.1.3 Table 6.3. ( v ) A/53, Part 5: 2010, “AC-3 Audio System Characteristics” (July 6, 2010). ( vi ) A/53, Part 6:2007, “Enhanced AC-3 Audio System Characteristics” (January 3, 2007). ( 3 ) ATSC A/65C: “ATSC Program and System Information Protocol for Terrestrial Broadcast and Cable, Revision C With Amendment No. 1 dated May 9, 2006,” (January 2, 2006), IBR approved for §§ 73.682 . ( 4 ) ATSC A/85:2013 “ATSC Recommended Practice: Techniques for Establishing and Maintaining Audio Loudness for Digital Television,” (March 12, 2013) (“ATSC A/85 RP”), IBR approved for § 73.682 . ( 5 ) ATSC A/321:2016, “System Discovery and Signaling” (March 23, 2016), IBR approved for § 73.682 . ( 6 ) ATSC A/322:2017 “Physical Layer Protocol” (June 6, 2017), IBR approved for § 73.682 . ( b ) Federal Communications Commission (FCC), Reference Information Center, located at the address of the FCC's main office indicated in 47 CFR 0.401(a) , or at the FCC's Office of Engineering and Technology (OET) website: www.fcc.gov/oet/info/documents/bulletins/ . ( 1 ) OET Bulletin No. 69: “Longley-Rice Methodology for Evaluating TV Coverage and Interference” (February 6, 2004), IBR approved for § 73.616 . ( 2 ) [Reserved] [ 89 FR 7264 , Feb. 1, 2024] Alphabetical Index—Part 73 Rules Apply to All Services, AM, FM, and TV, Unless Indicated as Pertaining to a Specific Service [Policies of FCC are indicated (*)] A Acceptability of broadcast transmitters 73.1660 Access, Prime time (TV) 73.658 Action on applications 73.3591-73.3605 Adjacent channel and co-channel stations, Minimum mileage, separation between— FM 73.207 NCE-FM 73.507 Administrative changes in authorizations— FM 73.212 TV 73.615 Advertising— Refusal to sell 73.4005 (*) Sponsorship identification 73.1212 See also “Commercial” listings. Affiliation agreements and network program practices; territorial exclusivity in non-network program arrangements (TV) 73.658 Affiliation agreements, Networks/stations AM 73.132, 73.3613, 73.4154 (*) FM 73.232, 73.3613, 73.4154 (*) TV 73.658, 73.3613 Agreement, United States-Mexico FM broadcast, Channel assignments under (NCE-FM) 73.504 Agreements, International broadcasting 73.1650 Alarm and monitoring points, Automatic transmission system— AM 73.146 FM 73.346 NCE-FM 73.546 Allocation, Engineering standards of (AM) 73.182 Allocation, Field strength measurements in; establishment of effective field at one mile (AM) 73.186 Allotments, Table of (FM) 73.202 AM antenna systems 73.45 AM broadcast channels, Classes of 73.21, 73.23, 73.25, 73.26, 73.27, 73.29 AM definitions 73.14 AM directional antenna field measurements 73.61 AM: Scope of subpart 73.1 AM stereophonic broadcasting 73.128 AM transmission system emission limitations 73.44 AM transmission system fencing requirements 73.49 Amendments— Major/minor: Renewal, assignment, transfer 73.3578 Matter of right 73.3522 Procedures 73.3513 Ammeters, antenna and common point, Remote reading (AM) 73.57 Announcements required— Designation of application for hearing 73.3594 Donor 73.503, 73.621, 73.1212 Filing of broadcast applications 73.3580 Sponsorship 73.1212 Station I.D 73.1201 Antenna base fences, (AM) 73.49 Antenna, directional, Field measurements (AM) 73.61 Antenna, directional, Field strength measurements to establish performance of (AM) 73.151 Antenna height and Power requirements— FM 73.211 NCE-FM 73.511 TV 73.614 Antenna heights, Minimum, or field strength requirements (AM) 73.189 Antenna monitors (AM) 73.69 Antenna monitors, Requirements for authorization of (AM) 73.53 Antenna monitors, Sampling system for (AM) 73.68 Antenna resistance and reactance; measurements (AM) 73.54 Antenna site, Use of common— FM 73.239 TV 73.635 Antenna testing during daytime (AM) 73.157 Antenna structure, marking and lighting 73.1213 Antenna system tolerances, Directional (AM) 73.62 Antenna system; Transmitter location (TV) 73.685 Antenna systems— AM 73.45 FM 73.316 NCE-FM 73.510 TV 73.685 Antenna systems, Directional (AM) 73.150 Antennas, Auxiliary 73.1675 Antennas, Emergency 73.1680 Application and report forms 73.3500 Applications— Acceptance 73.3564 Agreements for Conflict removal 73.3525 AM station processing 73.3571 Amendment of 73.3522 AM and FM construction permits, incomplete or defective 73.4015 (*) Amendments, renewal and assignment or transfer of control 73.3578 Assign or transfer unbuilt facility 73.3535 Assignment, Involuntary 73.3540 Assignment, Voluntary 73.3540 Call signs 73.3550 Conflicting 73.3518 Conflicts: other North American countries 73.3570 Commission action required 73.3561 Commission action not required 73.3562 Construction period 73.3598 Construction permit extension 73.3534 Construction permit forfeiture 73.3599 Contingent applications 73.3517 Content 73.3514 Copies, number of; when to file 73.3512 Defective 73.3566 Designation for hearing 73.3593 Designation for hearing, public notice 73.3594 Dismissal 73.3568 Emergency authorization 73.3542 Existing station changes 73.3538 Facilities specifications 73.3516 Filing location; number of copies 73.3512 FM, FM translator processing 73.3573 FM stations, Commercial 73.4017 (*) Forfeiture, construction permit 73.3599 Formal; informal 73.3511 Grant, Conditional 73.3592 Grants without hearing 73.3591 Hearing designation 73.3593 Hearing status retention 73.3605 Inconsistent 73.3518 Informal; Formal 73.3511 International station processing 73.3574 License 73.3536 Modification and simultaneous renewal of license 73.3601 Modify authorized-unbuilt facility 73.3535 Modified station license 73.3544 Multiple 73.3520 Mutually exclusive applications for LPTV and TV translator and booster stations 73.3521 Objections, informal, Filing of 73.3587 Operation during repair of defective, required equipment 73.3549 Petitions to deny 73.3584 Program delivery to foreign stations 73.3545 Public notice, Designation for hearing 73.3594 Public notice of filing 73.3580 Renewal 73.3539 Renewal and simultaneous modification of license 73.3601 Repetitious 73.3519 Replacement of construction permit 73.3534 Rounding of nominal power on (AM) 73.31 Signing of 73.3513 Special service authorizations 73.3543 Specification of facilities 73.3516 Temporary authorization 73.3542 Transfer and assignment procedures 73.3597 Transfer of control, Involuntary 73.3541 Transfer of control, Voluntary 73.3540 Transfer or assign unbuilt facility 73.3535 TV, LPTV, translator and TV booster processing 73.3572 Unbuilt facilities: modify, assign or transfer 73.3535 Use of former main antenna as auxiliary 73.3534 Waiver procedure 73.3603 Applications for broadcast facilities, showing required (AM) 73.37 Assignment, FM Increasing availability of 73.4107 (*) Assignment of stations to channels (AM) 73.28 Assignment policies and procedures, FM 73.4104 (*) Assignments, Table of— FM 73.202 NCE-FM 73.501 TV 73.606 Assignments, Channel, under the United States-Mexico—FM Broadcast Agreement (NCE-FM) 73.504 ATS-Automatic transmission system 73.1500 Attacks, Personal 73.1920 Aural and visual TV transmitters, Operation of 73.653 Aural baseband subcarriers, TV 73.665 Authorization of antenna monitors, Requirements for 73.53 Authorization, Administrative changes in— FM 73.212 TV 73.615 Authorizations, Experimental 73.1510 Authorizations, Remote Control 73.1400 Authorizations, Special Field test 73.1515 Authorizations, Special temporary (STA) 73.1635 Automatic transmission system (ATS) 73.1500 Auxiliary antennas 73.1675 Auxiliary transmitters 73.1670 Availability of channels— FM 73.203 TV 73.607 Availability to FCC of station logs and records 73.1226 B Barter agreements 73.4045 (*) Baseband subcarriers, Aural, TV 73.665 Blanketing interference— AM 73.88 FM 73.318 Broadcast channels and stations, Classes of (AM) 73.21, 73.22, 73.25, 73.26, 73.27, 73.29 Broadcast day (definition) 73.1700 Broadcast facilities authorizations; showing required (AM) 73.24 Broadcast facilities, showing required for applications (AM) 73.37 Broadcast of FAA communications 73.4102 (*) Broadcast of lottery information 73.1211 Broadcast of taped, filmed or recorded material 73.1208 Broadcast of telephone conversation 73.1206 Broadcast transmitters, Acceptability of 73.1660 Broadcasting agreements, International 73.1650 Broadcasting emergency information 73.1250 Broadcasting, Stereophonic— FM 73.297 NCE-FM 73.596 Broadcasts by candidates for public office 73.1940 C Call letters—requests and assignments 73.3550 Candidates for public office, Broadcast by 73.1940 Carrier frequency departure tolerances 73.1545 Carrier frequency measurements 73.1540 Certification of financial qualifications 73.4099(*) Changes in authorizations, Administrative— FM 73.212 TV 73.615 Channel assignments under the United States-Mexico Broadcast Agreement (NCE-FM) 73.504 Channels and stations, Classes of AM Broadcast 73.21, 73.22, 73.25, 73.26, 73.27, 73.29 Channel 6 Protection (NCE-FM) 73.525 Channels, Assignment of stations to (AM) 73.28 Channels available for assignment (NCE-FM) 73.501 Channels, Availability of— FM 73.203 TV 73.607 Channels, Classes of Educational, and stations operating thereon 73.506 Channels, FM broadcast, Numerical designation of 73.201 Channels, Restriction on use of (FM) 73.220 Channels, TV, Numerical designation of 73.603 Channels, unreserved, Noncommercial educational broadcast stations, operating on (NCE-FM) 73.513 Character evaluation of broadcast applicants 73.4280 (*) Charts, Engineering— AM 73.190 FM 73.333 TV 73.699 Charts, Groundwave field strength (AM) 73.184 Chief operators 73.1870 Children's TV programs 73.4050 (*) Cigarette advertising 73.4055 (*) Citizen agreements 73.4060 (*) Classes of AM broadcast channels and stations 73.21, 73.22, 73.25, 73.26, 73.27, 73.29 Classes of noncommercial educational FM Stations and channels 73.506 Classes of stations; power and antenna height requirements 73.211 Classified ads 73.1212 Co-channel and adjacent channel stations, Minimum separation— FM 73.207 NCE-FM 73.507 Combination advertising rates; joint sales practices 73.4065 (*) Commercials Loud 73.4075 (*) See Also “Advertising” listings. Common antenna site, use of— FM 73.239 TV 73.635 Common point, and antenna ammeters, Remote reading (AM) 73.57 Communications services, Subsidiary— FM 73.295 NCE-FM 73.593 TV 73.667 Comparative broadcast hearings—specialized formats(*) 73.4082 Computation of interfering signal (AM) 73.185 Computations, Reference points and distance— FM 73.208 TV 73.611 Construction Near or Installation On an AM Tower 73.1692 Construction period 73.3598 Construction permit, forfeited 73.3599 Contests, License-Conducted 73.1216 Contours, Field strength— FM 73.311 TV 73.683 Contracts, Filing of 73.3613 Coverage, Prediction of— FM 73.313 TV 73.684 Cross reference to rules in other Parts 73.1010 D Day, Broadcast (definition) 73.1700 Daylight Savings time 73.1209 Daytime (definition) 73.1720 Daytime radiation, Limitation on (AM) 73.187 Definitions, Subscription TV 73.641 Definitions, Technical— AM 73.14 FM 73.310 TV 73.681 Deny, Petitions to 73.3584 Determining operating power— AM 73.51 FM 73.267 NCE-FM 73.567 TV 73.663 Direct broadcast satellites 73.4091 (*) Directional antenna field measurements (AM) 73.61 Directional antenna system tolerances (AM) 73.62 Directional antennas, Field strength measurements to establish performance of (AM) 73.151 Directional antenna data, Modification of (AM) 73.152 Directional antenna monitoring points (AM) 73.158 Directional antenna systems (AM) 73.150 Discontinuance of operation 73.1750 Distance and Reference points, computations of— FM 73.208 TV 73.611 Distance separations, Minimum, between stations— FM 73.207 NCE-FM 73.507 TV 73.610 Distress sales and tax certificates, Minority ownership 73.4140* Doctrine, Fairness 73.1910 Dolbey encoder 73.4094 (*) Donor announcements (NCE-FM) 73.503 Double billing 73.1205 Drug lyrics 73.4095 (*) Dual-language broadcasting in Puerto Rico, TV/FM 73.1210 E EAS (Emergency Alert System 11.1-11.62 EAS signal test-automated systems 73.4097(*) Editorials, Political 73.1930 Educational, Noncommercial FM stations on unreserved channels (NCE-FM) 73.513 Educational stations, Noncommercial (TV) 73.621 Effective field at one kilometer, Establishment of (AM) 73.186 Emergency antennas 73.1680 Emergency Broadcast System (EBS) 73.901-73.962 Emergency Alert System (EAS) 11.1-11.62 Emission limitations, AM transmission system 73.44 Employment opportunities, Equal 73.2080 Employment report 73.3612 Engineering charts— AM 73.190 FM 73.333 TV 73.699 Engineering standards of allocation (AM) 73.182 Engineering, Standards of good practice NCR-FM 73.508 Equal employment opportunities 73.2080 Equipment performance measurements 73.1590 Equipment tests 73.1610 Establishment of effective field at one kilometer (AM) 73.186 Evaluation of broadcast applicant character 73.4280 (*) Exclusivity, Territorial (Network)— AM 73.132 FM 73.232 TV 73.658 Experimental authorizations 73.1510 Experimental period, Operating during the (AM) 73.72 Extension meters 73.1550 F FAA communications, Broadcast of 73.4102 (*) Facilities, Automatic transmission system— AM 73.142 FM 73.342 NCE-FM 73.542 Facilities authorizations; Broadcast; showing required (AM) 73.24 Fairness Doctrine 73.1910 FCC Policies 73.4000 (*) FCC, Station inspections by 73.1225 Fencing requirements, AM transmission system 73.49 Fencing requirements, AM stations 73.49 Field measurements, AM directional antenna 73.61 Field strength charts, Groundwave (AM) 73.184 Field strength contours— FM 73.311 TV 73.683 Field strength measurements: establishment of effective field 73.186 Field strength measurements— FM 73.314 TV 73.686 Field strength measurements in support of applications or evidence at hearing (AM) 73.153 Field strength measurements to establish performance of directional antennas (AM) 73.151 Field strength requirements or, Minimum antenna heights (AM) 73.189 Field test authorizations, Special 73.1515 File, Political 73.1940 File, Public 73.3526-73.3527 Filing of applications 73.3511-73.3550 Filing of contracts 73.3613 Filmed, taped, or recorded material; Broadcast of 73.1208 Financial qualifications— AM and FM 73.4100 (*) TV 73.4101 (*) Financial qualifications, Certification of 73.4099(*) FM assignments, increasing availability 73.4107 (*) Foreign broadcast stations—Permits to furnish programs 73.3545 Forfeitures 1.80 Format changes of stations 73.4110 (*) Forms, Application and report 73.3500 FM and AM programming, Duplication of 73.242 FM assignment policies and procedures 73.4104 (*) FM broadcast channels, Numerical designation of 73.201 FM multiplex subcarriers, Use of 73.293 FM multiplex subcarriers transmission technical standards 73.319 FM subsidiary communications services 73.295 Communication services 73.295 FM transmitter site map submissions 73.4108 FM/TV dual-language broadcasting in Puerto Rico 73.1210 Frequency measurement, Carrier 73.1540 Frequency departure tolerances, Carrier 73.1545 G General operating requirements (Subscription TV) 73.643 General requirements for type approval of modulation monitors (TV) 73.692 General requirements relating to logs 73.1800 Grants— Conditional 73.3592 Without hearing 73.3591 Groundwave field strength charts (AM) 73.184 Groundwave signals (AM) 73.183 H Hard Look Deficiencies and Amendments (as modified) (FM) 73.3522(a)(6) Hearings, Designation of applications for 73.3593 Hours, Specified 73.1730 I Identification, Sponsorship; list retention, related requirements 73.1212 Identification, Station 73.1201 Indicating instruments (requirements for)— AM 73.58 FM 73.258 NCE-FM 73.558 TV 73.688 Indicating instruments—specifications (meters) 73.1215 Information available on the Internet 73.3617 Information, Broadcasting emergency 73.1250 Input power, Antenna; how determined (AM) 73.51 Inspection of program logs, Public 73.1850 Inspections, Station, by FCC 73.1225 Inspections, Transmission system 73.1580 Installation On or Construction Near an AM Tower 73.1692 Instruments, Indicating (requirements for)— AM 73.58 FM 73.258 NCE-FM 73.558 TV 73.688 Instruments, indicating—specifications (meters) 73.1215 Interference, Blanketing— AM 73.88 FM 73.318 Interference, Protection from— FM 73.209 NCE-FM 73.509 TV 73.612 Interference to Astronomy, Research and Receiving installations, Notifications concerning 73.1030 Interfering signal, Computation of (AM) 73.185 International Broadcast stations 73.701-73.793 Definitions 73.701 Assignment and use of frequencies 73.702 Geographical zones and areas of reception 73.703 Notification of filing of applications 73.1030 Equipment tests 73.712 Program tests 73.713 Licensing requirements 73.731 Authorizations 73.732 Normal license period 73.733 Operating power 73.751 Antenna systems 73.753 Frequency monitors 73.754 Modulation monitors 73.755 Transmission system requirements 73.756 Auxiliary transmitters 73.757 Alternate main transmitters 73.758 Modification of transmission systems 73.759 Time of operation 73.761 Station inspection 73.1225 Station license and seasonal schedules, posting of 73.1230 International broadcast station operator requirements 73.764 Determining operating power 73.765 Modulation and bandwidth 73.766 Frequency tolerance 73.1545 Antenna structure marking and lighting 73.1213 Discontinuance of operation 73.1750 Logs 73.781 Retention of logs 73.782 Logs, by whom kept 73.1800 Log form 73.1800 Log corrections 73.1800 Station identification 73.787 Service; Commercial or sponsored programs 73.788 Sponsorship identification 73.1212 Rebroadcasts 73.1207 Equal employment opportunities 73.2080 International broadcasting agreements 73.1650 L Letters received from the public, Retention of 73.1202 License period, Station 73.1020 Licensee-conducted contests 73.1216 Licenses, station and operator, Posting of 73.1250 Licensing, Acceptability of broadcast transmitters for (TV) 73.640 Licensing by lottery or random selection 1.1601-1.1623, 73.3572, 73.3584, 73.3597 Licensing policies (Subscription TV) 73.642 Licensing requirements and service (NCE-FM) 73.503 Lighting and marking, Antenna structure 73.1213 Limitation on daytime radiation (AM) 73.187 Limited time 73.1725 Lists retention; Sponsorship identification; related requirements 73.1212 Location of transmitter— FM 73.315 TV 73.685 Location, Station 73.1120 Location, Transmitter and antenna system (TV) 73.685 Logs— General requirements related to the station 73.1800 Station 73.1820 Program 73.1810 Program, Public inspection of 73.1850 Retention of 73.1840 Logs and records, Availability to FCC 73.1226 Lottery or random selection licensing 1.1601-1.1623, 73.3572, 73.3584, 73.3597 Lottery information, Broadcast of 73.1211 M Main transmitters 73.1665 Maintenance and tests, Operation for 73.1520 Marking and Lighting, Antenna structure 73.1213 Measurements, Antenna resistance and reactance (AM) 73.54 Measurements, Carrier frequency 73.1540 Measurements, Equipment performance 73.1590 Measurements, Field strength, for establishment of effective field at one mile. (AM) 73.186 Measurements, Field strength in support of applications or evidence at hearings (AM) 73.153 Measurements, Field strength— FM 73.314 TV 73.686 Measurements, Field strength, to establish performance of directional antennas (AM) 73.151 Measurements, Equipment performance 73.1590 Meters, Extension 73.1550 Meters—specifications 73.1215 Mexican/U.S. Agreement 73.3570 Mexico—U.S. FM Broadcast Agreement, Channel Assignment under (NCE-FM) 73.504 Minimum antenna heights or field strength requirements (AM) 73.189 Minimum filing requirement (FM) 73.3564(a) Minimum operating schedule 73.1740 Minimum separations between stations— FM 73.207 NCE-FM 73.507 TV 73.610 Minimum separation, Stations at spacings below (FM) 73.213 Minority ownership; tax certificates and distress sales 73.4140 (*) Misrepresentation in advertising bill- ings 73.1205 Mode and Operating power tolerances 73.1560 Modification of directional antenna data (AM) 73.152 Modification of facilities, Operation during 73.1615 Modification of transmission systems 73.1690 Modulation levels, AM, FM, and TV aural 73.1570 Modulation monitoring equipment, Visual 73.691 Monitoring and alarm points, Automatic transmission system— AM 73.146 FM 73.346 NCE-FM 73.546 Monitoring equipment, Visual modulation 73.691 Monitoring point locations 73.158 Monitors, Antenna (AM) 73.69 Monitors, antenna, Requirements for authorization of (AM) 73.53 Monitors, antenna, Sampling system for (AM) 73.68 Multiple ownership 73.3555 Multiplex subcarrier transmission technical standards, FM 73.319 Multiplex subscribers, Use of— FM 73.293 TV 73.665 Multiplex subsidiary, Use of 73.667 Multiplex transmission, Use of (AM) 73.127 N NARBA (North American Regional Broadcasting Agreement) 73.3570 Network, Affiliation agreements and program practices; territorial exclusivity in non-network program arrangements (TV) 73.658 Network/AM and FM station affiliation agreements 73.4154 (*) Network signals—adversely affecting affiliate service 73.4157 (*) Network/station affiliation agreements— AM 73.132, 73.3613, 73.4154 (*) FM 73.232, 73.3613, 73.4154 (*) TV 73.658, 73.3613 Network syndication 73.658 (Network), Territorial exclusivity— AM 73.132 FM 73.232 TV 73.658 Nighttime service areas, Class II and III AM Stations; computation 73.4160 (*) Nominal Power, Rounding of (AM) 73.31 Noncommercial educational channel assignments under the United States-Mexico FM Broadcast Agreement 73.504 Noncommercial educational FM stations and channels 73.506 Noncommercial educational FM stations operating on unreserved channels 73.513 Noncommercial educational stations (TV) 73.621 Noncommercial nature—educational broadcast stations 73.4163 (*) Notifications concerning interference to Radio Astronomy, Research and Receiving installations 73.1030 Numerical designation of FM broadcast channels 73.201 Numerical designation of TV channels 73.603 O Objections (informal) to applications 73.3587 Obscene language 73.4165 (*) Obscene lyrics 73.4170 (*) Operating during the experimental period (AM) 73.72 Operating on unreserved channels, Noncommercial educational broadcast stations (NCE-FM) 73.513 Operating power, Determining— AM 73.51 FM 73.267 NCE-FM 73.567 TV 73.663 Operating power and mode tolerances 73.1560 Operating requirements, General (Subscription TV operations) 73.643 Operating schedule, Minimum 73.1740 Operating schedule; time sharing (NCE-FM) 73.561 Operation, Discontinuance of 73.1750 Operation during modification of facilities 73.1615 Operation for tests and maintenance 73.1520 Operation of TV aural and visual transmitters 73.653 Operation, Remote Control 73.1410 Operation, Time of 73.1705 Operation, Unauthorized 73.1745 Operator and station licenses, Posting of 73.1230 Operators, Chief 73.1870 Operators, Transmitter duty 73.1860 Overlap, Prohibited 73.509 Ownership, Multiple 73.3555 Ownership report 73.3615 P Payment disclosure: Payola, plugola, kickbacks 73.4180 (*) Performance measurements, Equipment 73.1590 Performance of directional antennas, Field strength measurements to establish (AM) 73.151 Performance requirements, AM transmission systems 73.40 Permissible transmissions (FM) 73.277 Personal attacks 73.1920 Petitions to deny 73.3584 Plans, State-wide (NCE-FM) 73.502 Points, Reference, and distance computations (TV) 73.611 Point-to-point emergency messages 73.1250 Policies, Licensing (TV) 73.642 Policies of FCC 73.4000 (*) Political advertising by UHF translators 73.4195 (*) Political advertising—sponsorship identification 73.1212 Political broadcasting and telecasting, The law of 73.4185 (*) Political candidate authorization notice and sponsorship identification 73.4190 (*) Political editorials 73.1930 Political file 73.1940 Portable test stations 73.1530 Posting of station and operator licenses 73.1230 Power and antenna height requirements— FM 73.211 NCE-FM 73.511 TV 73.614 Power and mode tolerances, Operating 73.1560 Power, nominal, Rounding of (AM) 73.31 Power, operating, determining— AM 73.51 FM 73.267 NCE-FM 73.567 TV 73.663 Prediction of coverage— FM 73.313 TV 73.684 Presunrise service authorization (PSRA) and Post sunset service authorization (PSSA) 73.99 Prime time access (TV) 73.658 Procedure Manual: “The Public and Broadcasting” 73.4210 (*) Processing of applications 73.3561-73.3587 Program logs 73.1810 Program logs, Public inspection of 73.1850 Program matter: Supplier identification 73.4215 (*) Prgoram practices, network, and Affiliation agreements; territorial exclusivity in non-network program arrangements (TV) 73.658 Program tests 73.1620 Prohibited overlap 73.509 Proofs of performance, partial and skeleton, Field strength measurements (AM) 73.154 Protection from interference— FM 73.209 NCE-FM 73.509 TV 73.612 Proxy statements and tender offers 73.4266(*) Public inspection file 73.3526-73.3527 Public inspection of program logs 73.1850 Public office, Broadcasts by candidates for 73.1940 Puerto Rico TV/FM, dual-language broadcasting in 73.1210 Q Quiet zone 73.1030 R Radiation characteristics, Vertical plane 73.160 Radiation, daytime, Limitation on (AM) 73.187 Random selection or lottery licensing 1.1601-1.1623, 73.23572, 73.3584, 73.3597 Rebroadcasts 73.1207 Recorded, taped or filmed material; Broadcast of 73.1208 Recording telephone conversations 73.1206 Records and logs, Availability to FCC 73.1226 Records, special technical 73.1835 Reference, Cross, to rules in other Parts 73.1010 Reference points and distance computations— FM 73.208 TV 73.611 Reference to time 73.1209 Remote control authorizations 73.1400 Remote control operation 73.1410 Remote reading antenna and common point ammeters (AM) 73.57 Renewal period 73.1020 Report and application forms 73.3500 Requirements, Equipment and technical system performance (TV) 73.644 Requirements for authorization of antenna monitors (AM) 73.53 Requirements, Subscription TV, operating 73.643 Requirements, Power and antenna height— AM 73.189 FM 73.211 NCE-FM 73.511 TV 73.614 Requirements, relating to logs, General 73.1800 Requirements, Transmission system FM 73.317 TV 73.687 Requirements, Transmission system performance (AM) 73.40 Responses and statements to Commission inquiries 73.1015 Restrictions on use of channels (FM) 73.220 Retention of letters received from the public 73.1202 Retention of logs 73.1840 Rounding of nominal power (AM) 73.31 (Rules common to all broadcast stations), Scope 73.1001 Rules in other Parts, Cross reference to 73.1010 S Sampling systems for antenna monitors (AM) 73.68 Satellites, Direct broadcast 73.4091 (*) SCA— FM 73.293 NCE-FM 73.593 Schedule, Minimum operating 73.1740 Schedule; Operating, time sharing (NCE-FM) 73.561 School closings 73.1250 Scope of Subpart A (AM) 73.1 Scope of Subpart E (TV) 73.601 Scope of Subpart H (rules common to all broadcast stations) 73.1001 Separations (channel) (TV) 73.610 Separations, Minimum mileage, between co-channel and adjacent channel stations— FM 73.217 NCE-FM 73.507 Separations, Stations at spacings below minimum (FM) 73.213 Service and licensing requirements (NCE-FM) 73.503 Share time 73.1715 Sharing time, Operating schedule (NCE-FM) 73.561 Short-spacing agreements: FM stations 73.4235 (*) Showing required; Applications for broadcast facilities (AM) 73.37 Signal, Computation of interfering (AM) 73.185 Signal, Groundwave (AM) 73.183 Site, common antenna, Use of— FM 73.239 TV 73.635 Spacings, Stations below the minimum separations (FM) 73.213 Special antenna test authorizations (AM) 73.157 Special field test authorization 73.1515 Special technical records 73.1835 Special temporary authorizations (STA's) 73.1635 Specifications—Indicating instruments (meters) 73.1215 Specified hours 73.1730 Sponsorship identification list retention; related requirements 73.1212 Sponsorship identification rules, Applicability of 73.4242 (*) STA's (Special temporary authorizations) 73.1635 Standard time 73.1209 Standards, FM multiplex subcarrier, technical 73.319 Standards of allocation, Engineering (AM) 73.182 Standards of good engineering practice—NCE-FM 73.508 Standards, Stereophonic transmission (FM) 73.322 Standards, Transmission 73.682 State-wide plans (NCE-FM) 74.502 Statements and responses to Commission inquiries 73.1015 Station and operator licenses, Posting of 74.1230 Station identification 73.1201 Station inspections by FCC 73.1225 Station license period 73.1020 Station location 73.1120 Station log 73.1820 Station transferring 73.1150 Stations, Assignment of, to channels (AM) 73.28 Stations at spacings below the minimum separation (FM) 73.213 Stations, Noncommercial educational (TV) 73.621 Stations, Noncommercial educational FM, operating on unreserved channels 73.513 Stereophonic sound broadcasting— AM 73.128 FM 73.297 NCE-FM 73.597 TV 73.669 Stereophonic pilot subcarriers—monophonic programming 73.4246 (*) Stereophonic sound transmission standards— AM 73.128 FM 73.322 TV 73.682 Subcarrier multiplex, transmission standards— FM 73.319 Subcarrier, multiplex, Use of— FM 73.293 TV 73.665 Subliminal perception 73.4250 (*) Subpart A, Scope of (AM) 73.1 Subpart E, Scope of (TV) 73.601 Subpart H, Scope of (rules common to all broadcast stations) 73.1001 (Subscription TV operations), Definitions 73.641 Subsidiary Communications services— FM 73.295 NCE-FM 73.595 TV 73.667 Subscription TV— Competing applications 73.4247 (*) Definitions 73.641 Licensing policies 73.642 Operating requirements 73.643 Transmission systems 73.644 Syndication, network 73.658 T Table of assignments— FM 73.202 TV 73.606 Tables (Distance-degree conversions and separations) (TV) 73.698 Taped, filmed, or recorded material; Broadcast of 73.1208 Tax certificates and distress sales; Minority sales 73.4140(*) Tax certificates: Issuance of 73.4255 (*) Teaser announcements 73.4260 (*) Technical definitions— AM 73.14 FM 73.310 TV 73.681 Technical records, Special 73.1835 (Technical standards), Definitions (TV) 73.681 Telecommunications service on vertical blanking interval 73.646 Telephone conversations, Broadcast of 73.1206 Telephone conversation broadcasts (network and like sources) 73.4625 (*) Television channels, Numerical designation of 73.603 Temporary authorizations, Special (STA's) 73.1635 Tender offers and proxy statements 73.4266(*) Territorial exclusivily in non-network program arrangements; Affiliation agreements and network program practices (TV) 73.658 Territorial exclusivity, (Network)— AM 73.132 FM 73.232 TV 73.658 Test authorization, Special field 73.1515 Test stations, Portable 73.1530 Testing antenna during daytime (AM) 73.157 Tests and maintenance, Operation for 73.1520 Tests of equipment 73.1610 Tests, Program 73.1620 Time brokerage 73.4627 (*) Time of operation 73.1705 Time, Limited 73.1725 Time, Reference to 73.1209 Time, Share 73.1715 Time Sharing, Operating schedule (NCE-FM) 73.561 Time, Unlimited 73.1710 Tolerances, Carrier frequency departure 73.1545 Tolerances, Directional antenna system (AM) 73.62 Tolerances, Operating power and mode 73.1560 Tone clusters: Audio attention-getting devices 73.4275 (*) Topographic data (FM) 73.3120 Tower lighting and painting 73.1213 Transferring a station 73.1150 Transmission standards, Changes in 73.1695 Transmission standards (TV) 73.682 Transmission system, Automatic (ATS) 73.1500 Transmission system emission limitations, (AM) 73.44 Transmission system inspections 73.1580 Transmission system installation and safety requirements, AM 73.49 Transmission system performance requirements (AM) 73.40 Transmission system requirements— FM 73.317 TV 73.687 Transmission systems, Modification of 73.1690 Transmission systems, subscription TV 73.644 Transmissions, Permissible (FM) 73.277 Transmitter duty operators 73.1860 Transmitter, Location— FM 73.315 TV 73.685 Transmitter location and antenna system (TV) 73.685 Transmitters, Auxiliary 73.1670 Transmitters, broadcast, Acceptability of 73.1660 Transmitters, Main 73.1665 Transmitters, TV, aural and visual, Operation of 73.653 TV Channel 6 protection (NCE-FM) 73.525 TV colorburst during black/white programming 73.4272 (*) TV/FM dual-language broadcasting in Puerto Rico 73.1210 Type approval of modulation monitors, General requirements (TV) 73.692 U Unauthorized operation 73.1745 U.S./Mexican Agreement 73.3570 USA-Mexico FM Broadcast Agreement, Channel assignments under (NCE-FM) 73.504 Unlimited time 73.1710 Unreserved channels, Noncommercial educational broadcast stations operating on (NCE-FM) 73.513 Use of channels, Restrictions on (FM) 73.220 Use of common antenna site— FM 73.239 TV 73.635 Use of multiplex subcarriers— FM 73.293 TV 73.665 Use of multiplex transmissions (AM) 73.127 V Vertical blanking interval, Telecommunication service on 73.646 Vertical plane radiation characteristics 73.160 Visual and aural TV transmitters, Operation of 73.653 Visual modulation monitoring equipment 73.691 W Want ads 73.1212 Z Zone, Quiet 73.1030 Zones— FM 73.205 NCE-FM 73.505 TV 73.609 [ 50 FR 38530 , Sept. 23, 1985; 50 FR 40395 , Oct. 3, 1985, as amended at 51 FR 34621 , 34622 , Sept. 30, 1986; 52 FR 37316 , Oct. 6, 1987; 52 FR 47569 , Dec. 15, 1987; 53 FR 2499 , Jan. 28, 1988; 58 FR 51250 , Oct. 1, 1993; 59 FR 67103 , Dec. 28, 1994; 63 FR 33878 , June 22, 1998; 82 FR 57884 , Dec. 8, 2017]
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PART 52—NUMBERING Authority: 47 U.S.C. 151 , 152 , 153 , 154 , 155 , 201-205 , 207-209 , 218 , 225-227 , 251-252 , 271 , 303 , 332 , unless otherwise noted. Source: 61 FR 38637 , July 25, 1996, unless otherwise noted. Subpart A—Scope and Authority Source: 61 FR 47353 , Sept. 6, 1996, unless otherwise noted. § 52.1 Basis and purpose. ( a ) Basis. These rules are issued pursuant to the Communications Act of 1934, as amended, 47 U.S.C. 151 et. seq. ( b ) Purpose. The purpose of these rules is to establish, for the United States, requirements and conditions for the administration and use of telecommunications numbers for provision of telecommunications services. § 52.3 General. The Commission shall have exclusive authority over those portions of the North American Numbering Plan (NANP) that pertain to the United States. The Commission may delegate to the States or other entities any portion of such jurisdiction. § 52.5 Definitions. ( a ) Incumbent local exchange carrier. With respect to an area, an “incumbent local exchange carrier” is a local exchange carrier that: ( 1 ) On February 8, 1996, provided telephone exchange service in such area; and ( 2 ) ( i ) On February 8, 1996, was deemed to be a member of the exchange carrier Association pursuant to § 69.601(b) of this chapter ( 47 CFR 69.601(b) ); or ( ii ) Is a person or entity that, on or after February 8, 1996, became a successor or assign of a member described in paragraph (a)(2)(i) of this section. ( b ) Interconnected Voice over Internet Protocol (VoIP) service provider. The term “interconnected VoIP service provider” is an entity that provides interconnected VoIP service, as that term is defined in 47 U.S.C. Section 153(25) . ( c ) North American Numbering Council (NANC). The “North American Numbering Council” is an advisory committee created under the Federal Advisory Committee Act, 5 U.S.C., App (1988), to advise the Commission and to make recommendations, reached through consensus, that foster efficient and impartial number administration. ( d ) North American Numbering Plan (NANP). The “North American Numbering Plan” is the basic numbering scheme for the telecommunications networks located in American Samoa, Anguilla, Antigua, Bahamas, Barbados, Bermuda, British Virgin Islands, Canada, Cayman Islands, Dominica, Dominican Republic, Grenada, Jamaica, Montserrat, Sint Maarten, St. Kitts & Nevis, St. Lucia, St. Vincent, Turks & Caicos Islands, Trinidad & Tobago, and the United States (including Puerto Rico, the U.S. Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands). ( e ) Service provider. The term “service provider” refers to a telecommunications carrier or other entity that receives numbering resources from the NANPA, a Pooling Administrator or a telecommunications carrier for the purpose of providing or establishing telecommunications service. For the purposes of this part, the term “service provider” includes an interconnected VoIP service provider. ( f ) State. The term “state” includes the District of Columbia and the Territories and possessions. ( g ) State commission. The term “state commission” means the commission, board, or official (by whatever name designated) which under the laws of any state has regulatory jurisdiction with respect to intrastate operations of carriers. ( h ) Telecommunications. “Telecommunications” means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. ( i ) Telecommunications carrier or carrier. A “telecommunications carrier” or “carrier” is any provider of telecommunications services, except that such term does not include aggregators of telecommunications services (as defined in 47 U.S.C. 226(a)(2) ). For the purposes of this part, the term “telecommunications carrier” or “carrier” includes an interconnected VoIP service provider. ( j ) Telecommunications service. The term “telecommunications service” refers to the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. For purposes of this part, the term “telecommunications service” includes interconnected VoIP service as that term is defined in 47 U.S.C. 153(25) . [ 80 FR 66477 , Oct. 29, 2015, as amended at 80 FR 1131 , Jan. 11, 2016] Subpart B—Administration Source: 61 FR 47353 , Sept. 6, 1996, unless otherwise noted. § 52.7 Definitions. As used in this subpart: ( a ) Area code or numbering plan area (NPA). The term “area code or numbering plan area” refers to the first three digits (NXX) of a ten-digit telephone number in the form NXX-NXX-XXXX, where N represents any one of the numbers 2 through 9 and X represents any one of the numbers 0 through 9. ( b ) Area code relief. The term “area code relief” refers to the process by which central office codes are made available when there are few or no unassigned central office codes remaining in an existing area code and a new area code is introduced. Area code relief includes planning for area code “jeopardy,” which is a situation where central office codes may become exhausted before an area code relief plan can be implemented. ( c ) Central office (CO) code. The term “central office code” refers to the second three digits (NXX) of a ten-digit telephone number in the form NXX-NXX-XXXX, where N represents any one of the numbers 2 through 9 and X represents any one of the numbers 0 through 9. ( d ) Central office (CO) code administrator. The term “central office code administrator” refers to the entity or entities responsible for managing central office codes in each area code. ( e ) North American Numbering Plan Administrator (NANPA). The term “North American Numbering Plan Administrator” refers to the entity or entities responsible for managing the NANP. ( f ) Billing and Collection Agent. The term “Billing & Collection Agent” (“B&C Agent”) refers to the entity responsible for the collection of funds to support numbering administration for telecommunications services from the United States telecommunications industry and NANP member countries. ( g ) Pooling Administrator (PA). The term “Pooling Administrator” refers to the entity or entities responsible for administering a thousands-block number pool. ( h ) Contamination. Contamination occurs when at least one telephone number within a block of telephone numbers is not available for assignment to end users or customers. For purposes of this provision, a telephone number is “not available for assignment” if it is classified as administrative, aging, assigned, intermediate, or reserved as defined in § 52.15(f)(1) . ( i ) Donation. The term “donation” refers to the process by which carriers are required to contribute telephone numbers to a thousands-block number pool. ( j ) Inventory. The term “inventory” refers to all telephone numbers distributed, assigned or allocated: ( 1 ) To a service provider; or ( 2 ) To a pooling administrator for the purpose of establishing or maintaining a thousands-block number pool. [ 61 FR 47353 , Sept. 6, 1996, as amended at 62 FR 55180 , Oct. 23, 1997; 65 FR 37707 , June 16, 2000] § 52.9 General requirements. ( a ) To ensure that telecommunications numbers are made available on an equitable basis, the administration of telecommunications numbers shall, in addition to the specific requirements set forth in this subpart: ( 1 ) Facilitate entry into the telecommunications marketplace by making telecommunications numbering resources available on an efficient, timely basis to telecommunications carriers; ( 2 ) Not unduly favor or disfavor any particular telecommunications industry segment or group of telecommunications consumers; and ( 3 ) Not unduly favor one telecommunications technology over another. ( b ) If the Commission delegates any telecommunications numbering administration functions to any State or other entity pursuant to 47 U.S.C. 251(e)(1) , such State or entity shall perform these functions in a manner consistent with this part. § 52.11 North American Numbering Council. The duties of the North American Numbering Council (NANC), may include, but are not limited to: ( a ) Advising the Commission on policy matters relating to the administration of the NANP in the United States; ( b ) Making recommendations, reached through consensus, that foster efficient and impartial number administration; ( c ) Initially resolving disputes, through consensus, that foster efficient and impartial number administration in the United States by adopting and utilizing dispute resolution procedures that provide disputants, regulators, and the public notice of the matters at issue, a reasonable opportunity to make oral and written presentations, a reasoned recommended solution, and a written report summarizing the recommendation and the reasons therefore; ( d ) [Reserved] ( e ) Recommending to the Commission an appropriate mechanism for recovering the costs of NANP administration in the United States, consistent with § 52.17 ; ( f ) Carrying out the duties described in § 52.25 ; and ( g ) Carrying out this part as directed by the Commission; ( h ) Monitoring the performance of the NANPA and the B&C Agent on at least an annual basis; and ( i ) Implementing, at the direction of the Commission, any action necessary to correct identified problems with the performance of the NANPA and the B&C Agent, as deemed necessary. [ 61 FR 47353 , Sept. 6, 1996, as amended at 62 FR 55180 , Oct. 23, 1997; 71 FR 65750 , Nov. 9, 2006] § 52.12 North American Numbering Plan Administrator and B&C Agent. The North American Numbering Plan Administrator (“NANPA”) and the associated “B&C Agent” will conduct their respective operations in accordance with this section. The NANPA and the B&C Agent will conduct their respective operations with oversight from the Federal Communications Commission (the “Commission”) and with recommendations from the North American Numbering Council (“NANC”). ( a ) ( 1 ) Neutrality. The NANPA and the B&C Agent shall be non-governmental entities that are impartial and not aligned with any particular telecommunication industry segment. Accordingly, while conducting their respective operations under this section, the NANPA and B&C Agent shall ensure that they comply with the following neutrality criteria: ( i ) The NANPA and B&C Agent may not be an affiliate of any telecommunications service provider(s) as defined in the Telecommunications Act of 1996, or an affiliate of any interconnected VoIP provider as that term is defined in § 52.21(h) . “Affiliate” is a person who controls, is controlled by, or is under the direct or indirect common control with another person. A person shall be deemed to control another if such person possesses, directly or indirectly— ( A ) An equity interest by stock, partnership (general or limited) interest, joint venture participation, or member interest in the other person ten (10%) percent or more of the total outstanding equity interests in the other person, or ( B ) The power to vote ten (10%) percent or more of the securities (by stock, partnership (general or limited) interest, joint venture participation, or member interest) having ordinary voting power for the election of directors, general partner, or management of such other person, or ( C ) The power to direct or cause the direction of the management and policies of such other person, whether through the ownership of or right to vote voting rights attributable to the stock, partnership (general or limited) interest, joint venture participation, or member interest) of such other person, by contract (including but not limited to stockholder agreement, partnership (general or limited) agreement, joint venture agreement, or operating agreement), or otherwise; ( ii ) The NANPA and B&C Agent, and any affiliate thereof, may not issue a majority of its debt to, nor may it derive a majority of its revenues from, any telecommunications service provider. “Majority” shall mean greater than 50 percent, and “debt” shall mean stocks, bonds, securities, notes, loans or any other instrument of indebtedness; and ( iii ) Notwithstanding the neutrality criteria set forth in paragraphs (a)(1) (i) and (ii) of this section, the NANPA and B&C Agent may be determined to be or not to be subject to undue influence by parties with a vested interest in the outcome of numbering administration and activities. NANC may conduct an evaluation to determine whether the NANPA and B&C Agent meet the undue influence criterion. ( 2 ) Any subcontractor that performs— ( i ) NANP administration and central office code administration, or ( ii ) Billing and Collection functions, for the NANPA or for the B&C Agent must also meet the neutrality criteria described in paragraph (a)(1). ( b ) Term of administration. The NANPA shall provide numbering administration, including central office code administration, for the United States portion of the North American Numbering Plan (“NANP”) for an initial period of five (5) years. At any time prior to the termination of the initial or subsequent term of administration, such term may be renewed for up to five (5) years with the approval of the Commission and the agreement of the NANPA. The B&C Agent shall provide billing and collection functions for an initial period of five (5) years. At any time prior to the termination of the initial or subsequent term of administration, such term may be renewed for up to five (5) years with the approval of the Commission and the agreement of the B&C Agent. ( c ) Changes to regulations, rules, guidelines or directives. In the event that regulatory authorities or industry groups (including, for example, the Industry Numbering Committee—INC, or its successor) issue rules, requirements, guidelines or policy directives which may affect the functions performed by the NANPA and the B&C Agent, the NANPA and the B&C Agent shall, within 10 business days from the date of official notice of such rules, requirements, guidelines or policy directives, assess the impact on its operations and advise the Commission of any changes required. NANPA and the B&C Agent shall provide written explanation why such changes are required. To the extent the Commission deems such changes are necessary, the Commission will recommend to the NANP member countries appropriate cost recovery adjustments, if necessary. ( d ) Performance review process. NANPA and the B&C Agent shall develop and implement an internal, documented performance monitoring mechanism and shall provide such performance review on request of the Commission on at least an annual basis. The annual assessment process will not preclude telecommunications industry participants from identifying performance problems to the NANPA, the B&C Agent and the NANC as they occur, and from seeking expeditious resolution. If performance problems are identified by a telecommunications industry participant, the NANC, B&C Agent or NANPA shall investigate and report within 10 business days of notice to the participant of corrective action, if any, taken or to be taken. The NANPA, B&C Agent or NANC (as appropriate) shall be permitted reasonable time to take corrective action, including the necessity of obtaining the required consent of the Commission. ( e ) Termination. If the Commission determines at any time that the NANPA or the B&C Agent fails to comply with the neutrality criteria set forth in paragraph (a) of this section or substantially or materially defaults in the performance of its obligations, the Commission shall advise immediately the NANPA or the B&C Agent of said failure or default, request immediate corrective action, and permit the NANPA or B&C Agent reasonable time to correct such failure or default. If the NANPA or B&C Agent is unwilling or unable to take corrective action, the Commission may, in a manner consistent with the requirements of the Administrative Procedure Act and the Communications Act of 1934, as amended, take any action that it deems appropriate, including termination of the NANPA's or B&C Agent's term of administration. ( f ) Required and optional enterprise services. Enterprise Services, which are services beyond those described in § 52.13 that may be provided by the new NANPA for specified fees, may be offered with prior approval of the Commission. ( 1 ) Required Enterprise Services. At the request of a code holder, the NANPA shall, in accordance with industry standards and for reasonable fees, enter certain routing and rating information, into the industry-approved database(s) for dissemination of such information. This task shall include reviewing the information and assisting in its preparation. ( 2 ) Optional Enterprise Services. The NANPA may, subject to prior approval and for reasonable fees, offer “Optional Enterprise Services” which are any services not described elsewhere in this section. ( 3 ) Annual report. NANPA shall identify and record all direct costs associated with providing Enterprise Services separately from the costs associated with the non-enterprise NANPA functions. The NANPA shall submit an annual report to the NANC summarizing the revenues and costs for providing each Enterprise Service. NANPA shall be audited by an independent auditor after the first year of operations and every two years thereafter, and submit the report to the Commission for appropriate review and action. [ 63 FR 55180 , Oct. 23, 1997, as amended at 73 FR 9481 , Feb. 21, 2008] § 52.13 North American Numbering Plan Administrator. ( a ) The North American Numbering Plan Administrator (NANPA) shall be an independent and impartial non-government entity. ( b ) The NANPA shall administer the numbering resources identified in paragraph (d) of this section. It shall assign and administer NANP resources in an efficient, effective, fair, unbiased, and non-discriminatory manner consistent with industry-developed guidelines and Commission regulations. It shall support the Commission's efforts to accommodate current and future numbering needs. It shall perform additional functions, including but not limited to: ( 1 ) Ensuring the efficient and effective administration and assignment of numbering resources by performing day-to-day number resource assignment and administrative activities; ( 2 ) Planning for the long-term need for NANP resources to ensure the continued viability of the NANP by implementing a plan for number resource administration that uses effective forecasting and management skills in order to make the industry aware of the availability of numbering resources and to meet the current and future needs of the industry; ( 3 ) Complying with guidelines of the North American Industry Numbering Committee (INC) or its successor, related industry documentation, Commission regulations and orders, and the guidelines of other appropriate policy-making authorities; ( 4 ) Providing management supervision for all of the services it provides, including responsibility for achieving performance measures established by the NANC and the INC in industry guidelines; ( 5 ) Participating in the NANC annual performance review as described in §§ 52.11 and 52.12 ; ( 6 ) Establishing and maintaining relationships with current governmental and regulatory bodies, and their successors, including the United States Federal Communications Commission, Industry Canada, the Canadian Radio-television and Telecommunications Commission, and other United States, Canadian, and Caribbean numbering authorities and regulatory agencies, and addressing policy directives from these bodies; ( 7 ) Cooperating with and actively participating in numbering standards bodies and industry fora, such as INC and, upon request, the Canadian Steering Committee on Numbering (CSCN); ( 8 ) Representing the NANP to national and international numbering bodies; ( 9 ) Developing and maintaining communications channels with other countries who also participate in the NANP to ensure that numbering needs of all countries served by the NANP are met; ( 10 ) Attending United States Study Group A meetings and maintaining a working knowledge of Study Group 2 International Telecommunications Union activities on behalf of the United States telecommunications industry; ( 11 ) Reviewing requests for all numbering resources to implement new applications and services and making assignments in accordance with industry-developed resource planning and assignment guidelines; ( 12 ) Referring requests for particular numbering resources to the appropriate industry body where guidelines do not exist for those resources; ( 13 ) Participating in industry activities to determine whether, when new telecommunications services requiring numbers are proposed, NANP numbers are appropriate and what level of resource is required (e.g., line numbers, central office codes, NPA codes); ( 14 ) Maintaining necessary administrative staff to handle the legal, financial, technical, staffing, industry, and regulatory issues relevant to the management of all numbering resources, as well as maintaining the necessary equipment, facilities, and proper billing arrangements associated with day-to-day management of all numbering resources; ( 15 ) Managing the NANP in accordance with published guidelines adopted in conjunction with the industry and the appropriate NANP member countries' governing agencies, and referring issues to the appropriate industry body for resolution when they have not been addressed by the industry; ( 16 ) Responding to requests from the industry and from regulators for information about the NANP and its administration, as the primary repository for numbering information in the industry; ( 17 ) Providing upon request information regarding how to obtain current documents related to NANP administration; ( 18 ) Providing assistance to users of numbering resources and suggesting numbering administration options, when possible, that will optimize number resource utilization; ( 19 ) Coordinating its numbering resource activities with the Canadian Number Administrator and other NANP member countries' administrators to ensure efficient and effective management of NANP numbering resources; and ( 20 ) Determining the final allocation methodology for sharing costs between NANP countries. ( c ) In performing the functions outlined in paragraph (b) of this section, the NANPA shall: ( 1 ) Ensure that the interests of all NANP member countries are considered; ( 2 ) Assess fairly requests for assignments of NANP numbering resources and ensure the assignment of numbering resources to appropriate service providers; ( 3 ) Develop, operate and maintain the computer hardware, software (database) and mechanized systems required to perform the NANPA and central office (CO) Code Administration functions; ( 4 ) Manage projects such as Numbering Plan Area (NPA) relief (area code relief) planning, Numbering Resource Utilization and Forecast (NRUF) data collection, and NPA and NANP exhaust projection; ( 5 ) Facilitate NPA relief planning meetings; ( 6 ) Participate in appropriate industry activities; ( 7 ) Manage proprietary data and competitively sensitive information and maintain the confidentiality thereof; ( 8 ) Act as an information resource for the industry concerning all aspects of numbering (i.e., knowledge and experience in numbering resource issues, International Telecommunications Union (ITU) Recommendation E.164, the North American Numbering Plan (NANP), NANP Administration, INC, NANP area country regulatory issues affecting numbering, number resource assignment guidelines, central office code administration, relief planning, international numbering issues, etc.); and ( 9 ) Ensure that any action taken with respect to number administration is consistent with this part. ( d ) The NANPA and, to the extent applicable, the B&C Agent, shall administer numbering resources in an efficient and non-discriminatory manner, in accordance with Commission rules and regulations and the guidelines developed by the INC and other industry groups pertaining to administration and assignment of numbering resources, including, but not limited to: ( 1 ) Numbering Plan Area (NPA) codes, ( 2 ) Central Office codes for the 809 area, ( 3 ) International Inbound NPA 456 NXX codes, ( 4 ) (NPA) 500 NXX codes, ( 5 ) (NPA) 900 NXX codes, ( 6 ) N11 Service codes, ( 7 ) 855-XXXX line numbers, ( 8 ) 555-XXXX line numbers, ( 9 ) Carrier Identification Codes, ( 10 ) Vertical Service Codes, ( 11 ) ANI Information Integer (II) Digit Pairs, ( 12 ) Non Dialable Toll Points, and ( 13 ) New numbering resources as may be defined. ( e ) Relationships with other NANP member countries' administrators and authorities. The NANPA shall address policy directives from other NANP member countries' governmental and regulatory authorities and coordinate its activities with other NANP member countries' administrators, if any, to ensure efficient and effective management of NANP resources. ( f ) Transition plan. The NANPA shall implement a transition plan, subject to Commission approval, leading to its assumption of NANPA functions within 90 days of the effective date of a Commission order announcing the selection of the NANPA. ( g ) Transfer of intellectual property. The new NANPA must make available any and all intellectual property and associated hardware resulting from its activities as numbering administrator including, but not limited to, systems and the data contained therein, software, interface specifications and supporting documentation and make such property available to whomever NANC directs free of charge. The new NANPA must specify any intellectual property it proposes to exclude from the provisions of this paragraph based on the existence of such property prior to its selection as NANPA. [ 61 FR 47353 , Sept. 6, 1996, as amended at 62 FR 55181 , Oct. 23, 1997; 71 FR 65750 , Nov. 9, 2006] § 52.15 Central office code administration. ( a ) Central Office Code Administration shall be performed by the NANPA, or another entity or entities, as designated by the Commission. ( b ) Duties of the entity or entities performing central office code administration may include, but are not limited to: ( 1 ) Processing central office code assignment applications and assigning such codes in a manner that is consistent with this part; ( 2 ) Accessing and maintaining central office code assignment databases; ( 3 ) Conducting the Numbering Resource Utilization and Forecast (NRUF) data collection; ( 4 ) Monitoring the use of central office codes within each area code and forecasting the date by which all central office codes within that area code will be assigned; and ( 5 ) Planning for and initiating area code relief, consistent with § 52.19 . ( c ) [Reserved] ( d ) Central Office (CO) Code Administration functional requirements. The NANPA shall manage the United States CO code numbering resource, including CO code request processing, NPA code relief and jeopardy planning, and industry notification functions. The NANPA shall perform its CO Code administration functions in accordance with the published industry numbering resource administration guidelines and Commission orders and regulations of 47 CFR chapter I . ( e ) [Reserved] ( f ) Mandatory reporting requirements — ( 1 ) Number use categories. Numbering resources must be classified in one of the following categories: ( i ) Administrative numbers are numbers used by telecommunications carriers to perform internal administrative or operational functions necessary to maintain reasonable quality of service standards. ( ii ) Aging numbers are disconnected numbers that are not available for assignment to another end user or customer for a specified period of time. Numbers previously assigned to residential customers may be aged for no less than 45 days and no more than 90 days. Numbers previously assigned to business customers may be aged for no less than 45 days and no more than 365 days. ( iii ) Assigned numbers are numbers working in the Public Switched Telephone Network under an agreement such as a contract or tariff at the request of specific end users or customers for their use, or numbers not yet working but having a customer service order pending. Numbers that are not yet working and have a service order pending for more than five days shall not be classified as assigned numbers. ( iv ) Available numbers are numbers that are available for assignment to subscriber access lines, or their equivalents, within a switching entity or point of interconnection and are not classified as assigned, intermediate, administrative, aging, or reserved. ( v ) Intermediate numbers are numbers that are made available for use by another telecommunications carrier or non-carrier entity for the purpose of providing telecommunications service to an end user or customer. Numbers ported for the purpose of transferring an established customer's service to another service provider shall not be classified as intermediate numbers. ( vi ) Reserved numbers are numbers that are held by service providers at the request of specific end users or customers for their future use. Numbers held for specific end users or customers for more than 180 days shall not be classified as reserved numbers. ( 2 ) Reporting carrier. The term “reporting carrier” refers to a telecommunications carrier that receives numbering resources from the NANPA, a Pooling Administrator or another telecommunications carrier. ( 3 ) Data collection procedures. ( i ) Reporting carriers shall report utilization and forecast data to the NANPA. ( ii ) Reporting shall be by separate legal entity and must include company name, company headquarters address, Operating Company Number (OCN), parent company OCN, and the primary type of business in which the reporting carrier is engaged. The term “parent company” refers to the highest related legal entity located within the state for which the reporting carrier is reporting data. ( iii ) All data shall be filed electronically in a format approved by the Common Carrier Bureau. ( 4 ) Forecast data reporting. ( i ) Reporting carriers shall submit to the NANPA a five-year forecast of their yearly numbering resource requirements. ( ii ) In areas where thousands-block number pooling has been implemented: ( A ) Reporting carriers that are required to participate in thousands-block number pooling shall report forecast data at the thousands-block (NXX-X) level per rate center; ( B ) Reporting carriers that are not required to participate in thousands-block number pooling shall report forecast data at the central office code (NXX) level per rate center. ( iii ) In areas where thousands-block number pooling has not been implemented, reporting carriers shall report forecast data at the central office code (NXX) level per NPA. ( iv ) Reporting carriers shall identify and report separately initial numbering resources and growth numbering resources. ( 5 ) Utilization data reporting. ( i ) Reporting carriers shall submit to the NANPA a utilization report of their current inventory of numbering resources. The report shall classify numbering resources in the following number use categories: assigned, intermediate, reserved, aging, and administrative. ( ii ) Rural telephone companies, as defined in the Communications Act of 1934, as amended, 47 U.S.C. 153(37) , that provide telecommunications service in areas where local number portability has not been implemented shall report utilization data at the central office code (NXX) level per rate center in those areas. ( iii ) All other reporting carriers shall report utilization data at the thousands-block (NXX-X) level per rate center. ( 6 ) Reporting frequency. ( i ) Reporting carriers shall file forecast and utilization reports semi-annually on or before February 1 for the preceding reporting period ending on December 31, and on or before August 1 for the preceding reporting period ending on June 30. Mandatory reporting shall commence August 1, 2000. ( ii ) State commissions may reduce the reporting frequency for NPAs in their states to annual. Reporting carriers operating in such NPAs shall file forecast and utilization reports annually on or before August 1 for the preceding reporting period ending on June 30, commencing August 1, 2000. ( iii ) A state commission seeking to reduce the reporting frequency pursuant to paragraph (f) (6)(ii) of this section shall notify the Wireline Competition Bureau and the NANPA in writing prior to reducing the reporting frequency. ( 7 ) Access to data and confidentiality —States shall have access to data reported to the NANPA provided that they have appropriate protections in place to prevent public disclosure of disaggregated, carrier-specific data. ( 8 ) Reports of Permanently Disconnected Numbers—Reporting carriers must report information regarding NANP numbers in accordance with § 64.1200(l) of this title . ( g ) Applications for numbering resources — ( 1 ) General requirements. An applicant for numbering resources must include in its application the applicant's company name, company headquarters address, OCN, parent company's OCN(s), and the primary type of business in which the numbering resources will be used. ( 2 ) Initial numbering resources. An applicant for initial numbering resources must include in its application evidence that the applicant is authorized to provide service in the area for which the numbering resources are requested; and that the applicant is or will be capable of providing service within sixty (60) days of the numbering resources activation date. A provider of VoIP Positioning Center (VPC) services that is unable to demonstrate authorization to provide service in a state may instead demonstrate that the state does not certify VPC service providers in order to request pseudo-Automatic Numbering Identification (p-ANI) codes directly from the Numbering Administrators for purposes of providing 911 and E-911 service. ( 3 ) Commission authorization process. A provider of interconnected VoIP service may show a Commission authorization obtained pursuant to this paragraph (g)(3) as evidence that it is authorized to provide service under paragraph (g)(2) of this section. ( i ) Definition. The term foreign carrier found in this section is given the same meaning as in § 63.09(d) of this chapter . ( ii ) Contents of the application for interconnected VoIP provider numbering authorization. An application for authorization must reference this section and must contain the following: ( A ) The applicant's name, address, and telephone number and contact information for personnel qualified to address issues relating to regulatory requirements, compliance with Commission's rules in this chapter, 911, and law enforcement; ( B ) An acknowledgment that the authorization granted under this paragraph (g)(3) is subject to compliance with applicable Commission numbering rules in this part; numbering authority delegated to the states, and the state laws, regulations, and registration requirements applicable to businesses operating in each state where the applicant seeks numbering resources; and industry guidelines and practices regarding numbering as applicable to telecommunications carriers; ( C ) A certification that the applicant will not use the numbers obtained pursuant to an authorization under this paragraph (g)(3) to knowingly transmit, encourage, assist, or facilitate illegal robocalls, illegal spoofing, or fraud, in violation of robocall, spoofing, and deceptive telemarketing obligations under §§ 64.1200 , 64.1604 , and 64.6300 through 64.6308 of this chapter and 16 CFR 310.3(b) ; ( D ) A certification that the applicant has fully complied with all applicable STIR/SHAKEN caller ID authentication and robocall mitigation program requirements and filed a certification in the Robocall Mitigation Database as required by §§ 64.6301 through 64.6305 of this chapter ; ( E ) A certification with accompanying evidence that the applicant complies with its 911 obligations under part 9 of this chapter , and that it complies with the provisions of the Communications Assistance with Law Enforcement Act, 47 U.S.C. 1001 et seq. Wireline Competition Bureau (Bureau) or other Commission staff may request additional documentation from the applicant to demonstrate compliance with these public safety obligations, where necessary; ( F ) A certification that the applicant complies with the Access Stimulation rules under § 51.914 of this chapter ; ( G ) An acknowledgment that the applicant must file requests for numbers with the relevant state commission(s) at least 30 days before requesting numbers from the Numbering Administrators; ( H ) Proof that the applicant is or will be capable of providing service within sixty (60) days of the numbering resources activation date in accordance with paragraph (g)(2) of this section; ( I ) Proof that the applicant has filed FCC Forms 477 and 499, or a statement explaining why each such form is not yet applicable; ( J ) A certification that the applicant complies with its applicable Universal Service Fund contribution obligations under part 54, subpart H, of this chapter, its Telecommunications Relay Service contribution obligations under § 64.604(c)(5)(iii) of this chapter , its NANP and local number portability (LNP) administration contribution obligations under §§ 52.17 and 52.32 of this chapter , and its obligations to pay regulatory fees under § 1.1154 of this chapter ; ( K ) A certification that the applicant possesses the financial, managerial, and technical expertise to provide reliable service. This certification must include the name of applicant's key management and technical personnel, such as the Chief Operating Officer and the Chief Technology Officer, or equivalent, and state that neither the applicant nor any of the identified personnel are being or have been investigated by the Commission, law enforcement, or any regulatory agency for failure to comply with any law, rule, or order, including the Commission's rules in this chapter applicable to unlawful robocalls or unlawful spoofing; ( L ) The same information, disclosures, and certifications required by § 63.18(h) and (i) of this chapter ; ( M ) A certification pursuant to §§ 1.2001 and 1.2002 of this chapter that no party to the application is subject to a denial of Federal benefits pursuant to section 5301 of the Anti-Drug Abuse Act of 1988, see 21 U.S.C. 862 ; ( N ) A declaration under penalty of perjury pursuant to § 1.16 of this chapter that all statements in the application and any appendices are true and accurate. This declaration shall be executed by an officer or other authorized representative of the applicant. ( iii ) Filing procedure. An applicant for Commission authorization under this section must file its application electronically through the “Submit a Non-Docketed Filing” module of the Commission's Electronic Comment Filing System (ECFS). Each application shall be accompanied by the fee prescribed in part 1, subpart G, of this chapter. ( iv ) Public notice and review period for streamlined pleading cycle. Upon determination by the Bureau that the applicant has filed a complete application that is appropriate for streamlined treatment, the Bureau will assign a docket number to the application and issue a public notice stating that the application has been accepted for filing as a streamlined application. The applicant must make all subsequent filings relating to its application in this docket. Parties may file comments addressing an application for authorization no later than 15 days after the Bureau releases a public notice stating that the application has been accepted for filing, unless the public notice specifies a different filing date. An application under this section is deemed granted by the Commission on the 31st day after the Commission releases a public notice stating that the application has been accepted for filing, unless the Bureau notifies the applicant that the grant will not be automatically effective. ( v ) Non-streamlined processing of applications. If an application discloses that the applicant has reportable ownership by a foreign person or entity, the Bureau shall remove the application from streamlined processing. The Bureau may also remove an application from streamlined processing at its discretion for other reasons. The Bureau shall notify the applicant by public notice that it is removing the application from streamlined processing, and shall state the reason for the removal. An application may also receive non-streamlined processing if: ( A ) An applicant fails to respond promptly to Commission inquiries; ( B ) An application is associated with a non-routine request for waiver of the Commission's rules in this chapter; ( C ) An application would, on its face, violate a Commission rule in this chapter or the Communications Act; ( D ) Timely filed comments on the application raise public interest concerns that require further Commission review; or ( E ) The Bureau determines that the application requires further analysis to determine whether granting the application serves the public interest. ( vi ) Additional information. Applicants must provide additional information requested by the Bureau during and after its initial review of a direct access application. Failure to respond to such a request or other official correspondence may result in the rejection of the application without prejudice. Any additional information that the Bureau may require must be submitted in the same manner as the original application filing, unless the Bureau specifies another method. ( vii ) Rejection of applications. The Bureau may reject an application by announcing the rejection, the reasons for the rejection, and whether the rejection is with or without prejudice via public notice if it determines or has a reasonable basis to believe that: ( A ) The applicant cannot satisfy the qualification requirements for a Commission authorization under this paragraph (g)(3) ; ( B ) The applicant has made a false statement or certification to the Commission; ( C ) The applicant has engaged in behavior contrary to the public interest; or ( D ) Granting the application would not serve the public interest. ( viii ) Authorization suspension. The Wireline Competition Bureau or Enforcement Bureau may suspend a direct access authorization holder's access to new numbering resources under 5 U.S.C. 558(c) : ( A ) After either Bureau determines that the authorization holder acted willfully; or public health, interest, or safety requires an immediate suspension; or ( B ) After giving the authorization holder notice and an opportunity to demonstrate compliance with the Commission's rules in this chapter. ( ix ) Authorization revocation. The Wireline Competition Bureau or Enforcement Bureau shall determine appropriate procedures and initiate revocation and/or termination proceedings and revoke and/or terminate an authorization, as required by due process and applicable law and in light of the relevant facts and circumstances, including providing the authorization holder with notice and opportunity to respond. Either Bureau may commence such revocation and/or termination proceedings if: ( A ) The authorization holder has failed to comply with the Commission's numbering rules in this part. ( B ) The authorization holder no longer meets the requirements for a Commission authorization under this paragraph (g)(3) ; ( C ) The authorization holder, or officer or authorized representative of the authorization holder, has made a false statement or certification to the Commission; or ( D ) Revoking and/or terminating the authorization is in the public interest. ( x ) Conditions applicable to all interconnected VoIP provider numbering authorizations. An interconnected VoIP provider authorized to request numbering resources directly from the Numbering Administrators under this section shall: ( A ) Maintain the accuracy of all contact information, certifications, and ownership or affiliation information in its application. If any contact information, certification, or affiliation information submitted in an application pursuant to this section, is no longer accurate, the provider must file a correction with the Commission and each applicable state within thirty (30) days of the change of contact information, certification, or affiliation information. Regarding ownership information, if the holders of equity and/or voting interests in the provider change such that a provider that previously did not have reportable ownership or control information under paragraph (g)(3)(ii)(L) of this section now has reportable ownership or control information, or there is a change to the reportable ownership or control information the provider previously reported under paragraph (g)(3)(ii)(L), the provider must file a correction with the Commission and each applicable state within thirty (30) days of the change to its ownership or control information. The Commission may use the updated contact information, certifications, or ownership or affiliation information to determine whether a change in authorization status is warranted; ( B ) Comply with the applicable Commission numbering rules in this part; numbering authority delegated to the states; and industry guidelines and practices regarding numbering as applicable to telecommunications carriers; ( C ) File requests for numbers with the relevant state commission(s) at least thirty (30) days before requesting numbers from the Numbering Administrators; and ( D ) Provide accurate regulatory and numbering contact information to each state commission when requesting numbers in that state. ( 4 ) Growth numbering resources. ( i ) Applications for growth numbering resources shall include: ( A ) A Months-to-Exhaust Worksheet that provides utilization by rate center for the preceding six months and projected monthly utilization for the next twelve (12) months; and ( B ) The applicant's current numbering resource utilization level for the rate center in which it is seeking growth numbering resources. ( ii ) The numbering resource utilization level shall be calculated by dividing all assigned numbers by the total numbering resources in the applicant's inventory and multiplying the result by 100. Numbering resources activated in the Local Exchange Routing Guide (LERG) within the preceding 90 days of reporting utilization levels may be excluded from the utilization calculation. ( iii ) All service providers shall maintain no more than a six-month inventory of telephone numbers in each rate center or service area in which it provides telecommunications service. ( iv ) The NANPA shall withhold numbering resources from any U.S. carrier that fails to comply with the reporting and numbering resource application requirements established in this part. The NANPA shall not issue numbering resources to a carrier without an OCN. The NANPA must notify the carrier in writing of its decision to withhold numbering resources within ten (10) days of receiving a request for numbering resources. The carrier may challenge the NANPA's decision to the appropriate state regulatory commission. The state commission may affirm or overturn the NANPA's decision to withhold numbering resources from the carrier based on its determination of compliance with the reporting and numbering resource application requirements herein. ( 5 ) Non-compliance. The NANPA shall withhold numbering resources from any U.S. carrier that fails to comply with the reporting and numbering resource application requirements established in this part. The NANPA shall not issue numbering resources to a carrier without an Operating Company Number (OCN). The NANPA must notify the carrier in writing of its decision to withhold numbering resources within ten (10) days of receiving a request for numbering resources. The carrier may challenge the NANPA's decision to the appropriate state regulatory commission. The state commission may affirm, or may overturn, the NANPA's decision to withhold numbering resources from the carrier based on its determination that the carrier has complied with the reporting and numbering resource application requirements herein. The state commission also may overturn the NANPA's decision to withhold numbering resources from the carrier based on its determination that the carrier has demonstrated a verifiable need for numbering resources and has exhausted all other available remedies. ( 6 ) State access to applications. State regulatory commissions shall have access to service provider's applications for numbering resources. The state commissions should request copies of such applications from the service providers operating within their states, and service providers must comply with state commission requests for copies of numbering resource applications. Carriers that fail to comply with a state commission request for numbering resource application materials shall be denied numbering resources. ( h ) National utilization threshold. All applicants for growth numbering resources shall achieve a 60% utilization threshold, calculated in accordance with paragraph (g)(3)(ii) of this section, for the rate center in which they are requesting growth numbering resources. This 60% utilization threshold shall increase by 5% on June 30, 2002, and annually thereafter until the utilization threshold reaches 75%. ( i ) Reclamation of numbering resources. ( 1 ) Reclamation refers to the process by which service providers are required to return numbering resources to the NANPA or the Pooling Administrator. ( 2 ) State commissions may investigate and determine whether service providers have activated their numbering resources and may request proof from all service providers that numbering resources have been activated and assignment of telephone numbers has commenced. ( 3 ) Service providers may be required to reduce contamination levels to facilitate reclamation and/or pooling. ( 4 ) State commissions shall provide service providers an opportunity to explain the circumstances causing the delay in activating and commencing assignment of their numbering resources prior to initiating reclamation. ( 5 ) The NANPA and the Pooling Administrator shall abide by the state commission's determination to reclaim numbering resources if the state commission is satisfied that the service provider has not activated and commenced assignment to end users of their numbering resources within six months of receipt. ( 6 ) The NANPA and Pooling Administrator shall initiate reclamation within sixty days of expiration of the service provider's applicable activation deadline. ( 7 ) If a state commission declines to exercise the authority delegated to it in this paragraph, the entity or entities designated by the Commission to serve as the NANPA shall exercise this authority with respect to NXX codes and the Pooling Administrator shall exercise this authority with respect to thousands-blocks. The NANPA and the Pooling Administrator shall consult with the Wireline Competition Bureau prior to exercising the authority delegated to it in this provision. ( j ) Sequential number assignment. ( 1 ) All service providers shall assign all available telephone numbers within an opened thousands-block before assigning telephone numbers from an uncontaminated thousands-block, unless the available numbers in the opened thousands-block are not sufficient to meet a specific customer request. This requirement shall apply to a service provider's existing numbering resources as well as any new numbering resources it obtains in the future. ( 2 ) A service provider that opens an uncontaminated thousands-block prior to assigning all available telephone numbers within an opened thousands-block should be prepared to demonstrate to the state commission: ( i ) A genuine request from a customer detailing the specific need for telephone numbers; and ( ii ) The service provider's inability to meet the specific customer request for telephone numbers from the available numbers within the service provider's opened thousands-blocks. ( 3 ) Upon a finding by a state commission that a service provider inappropriately assigned telephone numbers from an uncontaminated thousands-block, the NANPA or the Pooling Administrator shall suspend assignment or allocation of any additional numbering resources to that service provider in the applicable NPA until the service provider demonstrates that it does not have sufficient numbering resources to meet a specific customer request. ( k ) Numbering audits. ( 1 ) All telecommunications service providers shall be subject to “for cause” and random audits to verify carrier compliance with Commission regulations and applicable industry guidelines relating to numbering administration. ( 2 ) The Enforcement Bureau will oversee the conduct and scope of all numbering audits conducted under the Commission's jurisdiction, and determine the audit procedures necessary to perform the audit. Numbering audits performed by independent auditors pursuant to this section shall be conducted in accordance with generally accepted auditing standards and the American Institute of Certified Public Accountants' standards for compliance attestation engagements, as supplemented by the guidance and direction of the Chief of the Enforcement Bureau. ( 3 ) Requests for “for cause” audits shall be forwarded to the Chief of the Enforcement Bureau, with a copy to the Chief of the Common Carrier Bureau. Requests must state the reason for which a “for cause” audit is being requested and include documentation of the alleged anomaly, inconsistency, or violation of the Commission rules or orders or applicable industry guidelines. The Chief of the Enforcement Bureau will provide carriers up to 30 days to provide a written response to a request for a “for cause” audit. [ 61 FR 47353 , Sept. 6, 1996, as amended at 62 FR 55182 , Oct. 23, 1997; 65 FR 37707 , June 16, 2000; 66 FR 9531 , Feb. 8, 2001; 67 FR 6434 , Feb. 12, 2002; 67 FR 13226 , Mar. 21, 2002; 68 FR 25843 , May 14, 2003; 71 FR 65750 , Nov. 9, 2006; 80 FR 66479 , Oct. 29, 2015; 84 FR 11232 , Mar. 26, 2019; 88 FR 80636 , Nov. 20, 2023; 89 FR 80637 , Aug. 8, 2024] § 52.16 Billing and Collection Agent. The B&C Agent shall: ( a ) Calculate, assess, bill and collect payments for all numbering administration functions and distribute funds to the NANPA, or other agent designated by the Common Carrier Bureau that performs functions related to numbering administration, on a monthly basis; ( b ) Distribute to carriers the “Telecommunications Reporting Worksheet,” described in § 52.17(b) . ( c ) Keep confidential all data obtained from carriers and not disclose such data in company-specific form unless authorized by the Commission. Subject to any restrictions imposed by the Chief of the Wireline Competition Bureau, the B & C Agent may share data obtained from carriers with the administrators of the universal service support mechanism (See 47 CFR 54.701 of this chapter), the TRS Fund (See 47 CFR 64.604(c)(4)(iii)(H) of this chapter), and the local number portability cost recovery (See 47 CFR 52.32 ). The B & C Agent shall keep confidential all data obtained from other administrators. The B & C Agent shall use such data, from carriers or administrators, only for calculating, collecting and verifying payments. The Commission shall have access to all data reported to the Administrator. Contributors may make requests for Commission nondisclosure of company-specific revenue information under § 0.459 of this chapter by so indicating on the Telecommunications Reporting Worksheet at the time that the subject data are submitted. The Commission shall make all decisions regarding nondisclosure of company-specific information. ( d ) Develop procedures to monitor industry compliance with reporting requirements and propose specific procedures to address reporting failures and late payments; ( e ) File annual reports with the appropriate regulatory authorities of the NANP member countries as requested; and ( f ) Obtain an audit from an independent auditor after the first year of operations and annually thereafter, which shall evaluate the validity of calculated payments. The B&C Agent shall submit the audit report to the Commission for appropriate review and action. [ 62 FR 55183 , Oct. 23, 1997, as amended at 64 FR 41330 , July 30, 1999; 66 FR 9532 , Feb. 8, 2001; 67 FR 13226 , Mar. 21, 2002; 73 FR 9481 , Feb. 21, 2008; 80 FR 66479 , Oct. 29, 2015] § 52.17 Costs of number administration. All telecommunications carriers in the United States shall contribute on a competitively neutral basis to meet the costs of establishing numbering administration. ( a ) Contributions to support numbering administration shall be the product of the contributors' end-user telecommunications revenues for the prior calendar year and a contribution factor determined annually by the Chief of the Common Carrier Bureau; such contributions to be no less than twenty-five dollars ($25). The contribution factor shall be based on the ratio of expected number administration expenses to end-user telecommunications revenues. Carriers that have no end-user telecommunications revenues shall contribute twenty-five dollars ($25). In the event that contributions exceed or are inadequate to cover administrative costs, the contribution factor for the following year shall be adjusted by an appropriate amount. ( b ) All telecommunications carriers in the United States shall complete and submit a “Telecommunications Reporting Worksheet” (as published by the Commission in the Federal Register ), which sets forth the information needed to calculate contributions referred to in paragraph (a) of this section. The worksheet shall be certified to by an officer of the contributor, and subject to verification by the Commission or the B & C Agent at the discretion of the Commission. The Chief of the Common Carrier Bureau may waive, reduce, modify, or eliminate contributor reporting requirements that prove unnecessary and require additional reporting requirements that the Bureau deems necessary to the sound and efficient administration of the number administration cost recovery. [ 64 FR 41331 , July 30, 1999, as amended at 73 FR 9481 , Feb. 21, 2008; 80 FR 66479 , Oct. 29, 2015] § 52.19 Area code relief. ( a ) State commissions may resolve matters involving the introduction of new area codes within their states. Such matters may include, but are not limited to: Directing whether area code relief will take the form of a geographic split, an overlay area code, or a boundary realignment; establishing new area code boundaries; establishing necessary dates for the implementation of area code relief plans; and directing public education efforts regarding area code changes. ( b ) State commissions may perform any or all functions related to initiation and development of area code relief plans, so long as they act consistently with the guidelines enumerated in this part, and subject to paragraph (b)(2) of this section. For the purposes of this paragraph, initiation and development of area code relief planning encompasses all functions related to the implementation of new area codes that were performed by central office code administrators prior to February 8, 1996. Such functions may include: declaring that the area code relief planning process should begin; convening and conducting meetings to which the telecommunications industry and the public are invited on area code relief for a particular area code; and developing the details of a proposed area code relief plan or plans. ( 1 ) The entity or entities designated by the Commission to serve as central office code administrator(s) shall initiate and develop area code relief plans for each area code in each state that has not notified such entity or entities, pursuant to paragraph (b)(2) of this section, that the state will handle such functions. ( 2 ) Pursuant to paragraph (b)(1) of this section, a state commission must notify the entity or entities designated by the Commission to serve as central office code administrator(s) for its state that such state commission intends to perform matters related to initiation and development of area code relief planning efforts in its state. Notification shall be written and shall include a description of the specific functions the state commission intends to perform. Where the NANP Administrator serves as the central office code administrator, such notification must be made within 120 days of the selection of the NANP Administrator. ( c ) New area codes may be introduced through the use of: ( 1 ) A geographic area code split, which occurs when the geographic area served by an area code in which there are few or no central office codes left for assignment is split into two or more geographic parts; ( 2 ) An area code boundary realignment, which occurs when the boundary lines between two adjacent area codes are shifted to allow the transfer of some central office codes from an area code for which central office codes remain unassigned to an area code for which few or no central office codes are left for assignment; or ( 3 ) An all services area code overlay, which occurs when a new area code is introduced to serve the same geographic area as one or more existing area code(s), subject to the following conditions: ( i ) No all services area code overlay may be implemented unless all numbering resources in the new overlay area code are assigned to those entities requesting assignment on a first-come, first-serve basis, regardless of the identity of, technology used by, or type of service provided by that entity, except to the extent that a technology- or service-specific overlay is authorized by the Commission. No group of telecommunications carriers shall be excluded from assignment of numbering resources in the existing area code, or be assigned such resources only from the all services overlay area code, based solely on that group's provision of a specific type of telecommunications service or use of a particular technology; and ( ii ) No area code overlay may be implemented unless there exists, at the time of implementation, mandatory ten-digit dialing for every telephone call within and between all area codes in the geographic area covered by the overlay area code. ( 4 ) A technology-specific or service-specific overlay, which occurs when a new area code is introduced to serve the same geographic area as one or more existing area code(s) and numbering resources in the new area code overlay are assigned to a specific technology(ies) or service(s). State commissions may not implement a technology-specific or service-specific overlay without express authority from the Commission. [ 61 FR 47353 , Sept. 6, 1996, as amended at 64 FR 63617 , Nov. 16, 1998; 64 FR 62984 , Nov. 18, 1999; 67 FR 6434 , Feb. 12, 2002] Subpart C—Number Portability Source: 61 FR 38637 , July 25, 1996, unless otherwise noted. Redesignated at 61 FR 47353 , Sept. 6, 1996. § 52.20 Thousands-block number pooling. ( a ) Definition. Thousands-block number pooling is a process by which the 10,000 numbers in a central office code (NXX) are separated into ten sequential blocks of 1,000 numbers each (thousands-blocks), and allocated separately within a rate center. ( b ) General requirements. Pursuant to the Commission's adoption of thousands-block number pooling as a mandatory nationwide numbering resource optimization strategy, all carriers, except those exempted by the Commission, must participate in thousands-block number pooling where it is implemented and in accordance with the national thousands-block number pooling framework and implementation schedule established by the Commission. ( c ) Donation of thousands-blocks. ( 1 ) All service providers required to participate in thousands-block number pooling shall donate thousands-blocks with ten percent or less contamination to the thousands-block number pool for the rate center within which the numbering resources are assigned. ( 2 ) All service providers required to participate in thousands-block number pooling shall be allowed to retain at least one thousands-block per rate center, even if the thousands-block is ten percent or less contaminated, as an initial block or footprint block. ( d ) Thousands-Block Pooling Administrator. ( 1 ) The Pooling Administrator shall be a non-governmental entity that is impartial and not aligned with any particular telecommunication industry segment, and shall comply with the same neutrality requirements that the NANPA is subject to under this part. ( 2 ) The Pooling Administrator shall maintain no more than a six-month inventory of telephone numbers in each thousands-block number pool. [ 65 FR 37709 , June 16, 2000, as amended at 66 FR 9532 , Feb. 8, 2001; 68 FR 43009 , July 21, 2003] § 52.21 Definitions. As used in this subpart: ( a ) The term 100 largest MSAs includes the 100 largest MSAs as identified in the 1990 U.S. Census reports, as set forth in the Appendix to this part, as well as those areas identified as one of the largest 100 MSAs on subsequent updates to the U.S. Census reports. ( b ) The term broadband PCS has the same meaning as that term is defined in § 24.5 of this chapter. ( c ) The term cellular service has the same meaning as that term is defined in § 22.99 of this chapter . ( d ) The term covered CMRS means broadband PCS, cellular, and 800/900 MHz SMR licensees that hold geographic area licenses or are incumbent SMR wide area licensees, and offer real-time, two-way switched voice service, are interconnected with the public switched network, and utilize an in-network switching facility that enables such CMRS systems to reuse frequencies and accomplish seamless hand-offs of subscriber calls. ( e ) The term database method means a number portability method that utilizes one or more external databases for providing called party routing information. ( f ) The term downstream database means a database owned and operated by an individual carrier for the purpose of providing number portability in conjunction with other functions and services. ( g ) The term incumbent wide area SMR licensee has the same meaning as that term is defined in § 20.3 of this chapter . ( h ) The term IP Relay provider means an entity that provides IP Relay as defined by 47 CFR 64.601 . ( i ) The term local exchange carrier means any person that is engaged in the provision of telephone exchange service or exchange access. For purposes of this subpart, such term does not include a person insofar as such person is engaged in the provision of a commercial mobile service under 47 U.S.C. 332(c) . ( j ) The term local number portability administrator (LNPA) means an independent, non-governmental entity, not aligned with any particular telecommunications industry segment, whose duties are determined by the NANC. ( k ) The term location portability means the ability of users of telecommunications services to retain existing telecommunications numbers without impairment of quality, reliability, or convenience when moving from one physical location to another. ( l ) The term long-term database method means a database method that complies with the performance criteria set forth in § 52.3(a) . ( m ) The term number portability means the ability of users of telecommunications services to retain, at the same location, existing telecommunications numbers without impairment of quality, reliability, or convenience when switching from one telecommunications carrier to another. ( n ) The term regional database means an SMS database or an SMS/SCP pair that contains information necessary for carriers to provide number portability in a region as determined by the NANC. ( o ) The term Registered Internet-based TRS User has the meaning set forth in 47 CFR 64.601 . ( p ) The term service control point (SCP) means a database in the public switched network which contains information and call processing instructions needed to process and complete a telephone call. The network switches access an SCP to obtain such information. Typically, the information contained in an SCP is obtained from the SMS. ( q ) The term service management system (SMS) means a database or computer system not part of the public switched network that, among other things: ( 1 ) Interconnects to an SCP and sends to that SCP the information and call processing instructions needed for a network switch to process and complete a telephone call; and ( 2 ) Provides telecommunications carriers with the capability of entering and storing data regarding the processing and completing of a telephone call. ( r ) The term service portability means the ability of users of telecommunications services to retain existing telecommunications numbers without impairment of quality, reliability, or convenience when switching from one telecommunications service to another, without switching from one telecommunications carrier to another. ( s ) The term service provider portability means the ability of users of telecommunications services to retain, at the same location, existing telecommunications numbers without impairment of quality, reliability, or convenience when switching from one telecommunications carrier to another. ( t ) The term transitional number portability measure means a method that allows one local exchange carrier to transfer telephone numbers from its network to the network of another telecommunications carrier, but does not comply with the performance criteria set forth in 52.3(a). Transitional number portability measures are technically feasible methods of providing number portability including Remote Call Forwarding (RCF), Direct Inward Dialing (DID), Route Indexing—Portability Hub (RI-PH), Directory Number Route Indexing (DNRI) and other comparable methods. ( u ) The term VRS provider means an entity that provides VRS as defined by 47 CFR 64.601 . ( v ) The term 2009 LNP Porting Intervals Order refers to In the Matters of Local Number Portability Porting Interval and Validation Requirements; Telephone Number Portability, WC Docket No. 07-244, CC Docket No. 95-116, Report and Order and Further Notice of Proposed Rulemaking, FCC 09-41 (2009). [ 61 FR 38637 , July 25, 1996. Redesignated at 61 FR 47353 , Sept. 6, 1996, as amended at 61 FR 47355 , Sept. 6, 1996; 63 FR 68203 , Dec. 10, 1998; 67 FR 6435 , Feb. 12, 2002; 68 FR 43009 , July 21, 2003; 73 FR 9481 , Feb. 21, 2008; 73 FR 41293 , July 18, 2008; 74 FR 31638 , July 2, 2009; 80 FR 66479 , Oct. 29, 2015] § 52.23 Deployment of long-term database methods for number portability by LECs. ( a ) Subject to paragraphs (b) and (c) of this section, all local exchange carriers (LECs) must provide number portability in compliance with the following performance criteria: ( 1 ) Supports network services, features, and capabilities existing at the time number portability is implemented, including but not limited to emergency services, CLASS features, operator and directory assistance services, and intercept capabilities; ( 2 ) Efficiently uses numbering resources; ( 3 ) Does not require end users to change their telecommunications numbers; ( 4 ) Does not result in unreasonable degradation in service quality or network reliability when implemented; ( 5 ) Does not result in any degradation in service quality or network reliability when customers switch carriers; ( 6 ) Does not result in a carrier having a proprietary interest; ( 7 ) Is able to migrate to location and service portability; and ( 8 ) Has no significant adverse impact outside the areas where number portability is deployed. ( b ) ( 1 ) All LECs must provide a long-term database method for number portability in the 100 largest Metropolitan Statistical Areas (MSAs), as defined in § 52.21(k) , in switches for which another carrier has made a specific request for the provision of number portability, subject to paragraph (b)(2) of this section. ( 2 ) Any procedure to identify and request switches for deployment of number portability must comply with the following criteria: ( i ) Any wireline carrier that is certified (or has applied for certification) to provide local exchange service in a state, or any licensed CMRS provider, must be permitted to make a request for deployment of number portability in that state; ( ii ) Carriers must submit requests for deployment at least nine months before the deployment deadline for the MSA; ( iii ) A LEC must make available upon request to any interested parties a list of its switches for which number portability has been requested and a list of its switches for which number portability has not been requested; and ( iv ) After the deadline for deployment of number portability in an MSA in the 100 largest MSAs, according to the deployment schedule set forth in the appendix to this part, a LEC must deploy number portability in that MSA in additional switches upon request within the following time frames: ( A ) For remote switches supported by a host switch equipped for portability (“Equipped Remote Switches”), within 30 days; ( B ) For switches that require software but not hardware changes to provide portability (“Hardware Capable Switches”), within 60 days; ( C ) For switches that require hardware changes to provide portability (“Capable Switches Requiring Hardware”), within 180 days; and ( D ) For switches not capable of portability that must be replaced (“Non-Capable Switches”), within 180 days. ( c ) Beginning January 1, 1999, all LECs must make a long-term database method for number portability available within six months after a specific request by another telecommunications carrier in areas in which that telecommunications carrier is operating or plans to operate. ( d ) The Chief, Common Carrier Bureau, may waive or stay any of the dates in the implementation schedule, as the Chief determines is necessary to ensure the efficient development of number portability, for a period not to exceed 9 months ( i.e. , no later than September 30, 1999). ( e ) In the event a LEC is unable to meet the Commission's deadlines for implementing a long-term database method for number portability, it may file with the Commission at least 60 days in advance of the deadline a petition to extend the time by which implementation in its network will be completed. A LEC seeking such relief must demonstrate through substantial, credible evidence the basis for its contention that it is unable to comply with the deployment schedule set forth in the appendix to this part 52. Such requests must set forth: ( 1 ) The facts that demonstrate why the carrier is unable to meet the Commission's deployment schedule; ( 2 ) A detailed explanation of the activities that the carrier has undertaken to meet the implementation schedule prior to requesting an extension of time; ( 3 ) An identification of the particular switches for which the extension is requested; ( 4 ) The time within which the carrier will complete deployment in the affected switches; and ( 5 ) A proposed schedule with milestones for meeting the deployment date. ( f ) The Chief, Wireline Competition Bureau, shall monitor the progress of local exchange carriers implementing number portability, and may direct such carriers to take any actions necessary to ensure compliance with the deployment schedule set forth in the appendix to this part 52. ( g ) Carriers that are members of the Illinois Local Number Portability Workshop must conduct a field test of any technically feasible long-term database method for number portability in the Chicago, Illinois, area. The carriers participating in the test must jointly file with the Common Carrier Bureau a report of their findings within 30 days following completion of the test. The Chief, Common Carrier Bureau, shall monitor developments during the field test, and may adjust the field test completion deadline as necessary. ( h ) ( 1 ) Porting from a wireline carrier to a wireless carrier is required where the requesting wireless carrier's “coverage area,” as defined in paragraph (h)(2) of this section, overlaps the geographic location in which the customer's wireline number is provisioned, provided that the porting-in carrier maintains the number's original rate center designation following the port. ( 2 ) The wireless “coverage area” is defined as the area in which wireless service can be received from the wireless carrier. [ 61 FR 38637 , July 25, 1996, as amended at 62 FR 18294 , Apr. 15, 1997; 67 FR 13226 , Mar. 21, 2002; 68 FR 43009 , July 21, 2003; 73 FR 9481 , Feb. 21, 2008] § 52.25 Database architecture and administration. ( a ) The North American Numbering Council (NANC) shall direct establishment of a nationwide system of regional SMS databases for the provision of long-term database methods for number portability. ( b ) All telecommunications carriers shall have equal and open access to the regional databases. ( c ) The NANC shall select a local number portability administrator(s) (LNPA(s)) to administer the regional databases within seven months of the initial meeting of the NANC. ( d ) The NANC shall determine whether one or multiple administrator(s) should be selected, whether the LNPA(s) can be the same entity selected to be the North American Numbering Plan Administrator, how the LNPA(s) should be selected, the specific duties of the LNPA(s), the geographic coverage of the regional databases, the technical interoperability and operational standards, the user interface between telecommunications carriers and the LNPA(s), the network interface between the SMS and the downstream databases, and the technical specifications for the regional databases. ( e ) Once the NANC has selected the LNPA(s) and determined the locations of the regional databases, it must report its decisions to the Commission. ( f ) The information contained in the regional databases shall be limited to the information necessary to route telephone calls to the appropriate telecommunications carriers. The NANC shall determine what specific information is necessary. ( g ) Any state may opt out of its designated regional database and implement a state-specific database. A state must notify the Wireline Competition Bureau and NANC that it plans to implement a state-specific database within 60 days from the release date of the Public Notice issued by the Chief, Wireline Competition Bureau, identifying the administrator selected by the NANC and the proposed locations of the regional databases. Carriers may challenge a state's decision to opt out of the regional database system by filing a petition with the Commission. ( h ) Individual state databases must meet the national requirements and operational standards recommended by the NANC and adopted by the Commission. In addition, such state databases must be technically compatible with the regional system of databases and must not interfere with the scheduled implementation of the regional databases. ( i ) Individual carriers may download information necessary to provide number portability from the regional databases into their own downstream databases. Individual carriers may mix information needed to provide other services or functions with the information downloaded from the regional databases at their own downstream databases. Carriers may not withhold any information necessary to provide number portability from the regional databases on the grounds that such data has been combined with other information in its downstream database. [ 61 FR 38637 , July 25, 1996. Redesignated at 61 FR 47353 , Sept. 6, 1996, as amended at 67 FR 13226 , Mar. 21, 2002] § 52.26 NANC Recommendations on Local Number Portability Administration. ( a ) Local number portability administration shall comply with the recommendations of the North American Numbering Council (NANC) as set forth in the report to the Commission prepared by the NANC's Local Number Portability Administration Selection Working Group, dated April 25, 1997 ( Working Group Report ) and its appendices. Except that: Sections 7.8 and 7.10 of Appendix D and the following portions of Appendix E: Section 7, Issue Statement I of Appendix A, and Appendix B in the Working Group Report are not incorporated herein. ( b ) In addition to the requirements set forth in the Working Group Report , the following requirements are established: ( 1 ) Each designated N-1 carrier (as described in the Working Group Report ) is responsible for ensuring number portability queries are performed on a N-1 basis where “N” is the entity terminating the call to the end user, or a network provider contracted by the entity to provide tandem access, unless another carrier has already performed the query; ( 2 ) If a telecommunictions carrier transmits a telephone call to a local exchange carrier's switch that contains any ported numbers, and the telecommunications carrier has failed to perform a database query to determine if the telephone number has been ported to another local exchange carrier, the local exchange carrier may block the unqueried call only if performing the database query is likely to impair network reliability; ( 3 ) The regional limited liability companies (LLCs), already established by telecommunications carriers in each of the original Bell Operating Company regions, shall manage and oversee the local number portability administrators, subject to review by the NANC, but only on an interim basis, until the conclusion of a rulemaking to examine the issue of local number portability administrator oversight and management and the question of whether the LLCs should continue to act in this capacity; and ( 4 ) The NANC shall provide ongoing oversight of number portability administration, including oversight of the regional LLCs, subject to Commission review. Parties shall attempt to resolve issues regarding number portability deployment among themselves and, if necessary, under the auspices of the NANC. If any party objects to the NANC's proposed resolution, the NANC shall issue a written report summarizing the positions of the parties and the basis for the recommendation adopted by the NANC. The NANC Chair shall submit its proposed resolution of the dispuited issue to the Chief of the Wireline Competition Bureau as a recommendation for Commission review. The Chief of the Wireline Competition Bureau will place the NANC's proposed resolution on public notice. Recommendations adopted by the NANC and forwarded to the Bureau may be implemented by the parties pending review of the recommendation. Within 90 days of the conclusion of the comment cycle, the Chief of the Wireline Competition Bureau may issue an order adopting, modifying, or rejecting the recommendation. If the Chief does not act within 90 days of the conclusion of the comment cycle, the recommendation will be deemed to have been adopted by the Bureau. ( c ) The NANC Working Group Report is incorporated by reference into this section with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 . This incorporation by reference (IBR) material is available for public inspection at the FCC and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov . The material is available at https://docs.fcc.gov/public/attachments/DOC-341177A1.pdf . [ 62 FR 48786 , Sept. 17, 1997, as amended at 65 FR 58466 , Sept. 29, 2000; 67 FR 13226 , Mar. 21, 2002; 69 FR 18803 , Apr. 9, 2004; 74 FR 31638 , July 2, 2009; 75 FR 35315 , June 22, 2010; 83 FR 42052 , Aug. 20, 2018; 85 FR 64407 , Oct. 13, 2020; 88 FR 21442 , Apr. 10, 2023] § 52.31 Deployment of long-term database methods for number portability by CMRS providers. ( a ) By November 24, 2003, all covered CMRS providers must provide a long-term database method for number portability, including the ability to support roaming, in the 100 largest MSAs, as defined in § 52.21(k) , in compliance with the performance criteria set forth in section 52.23(a) of this part , in switches for which another carrier has made a specific request for the provision of number portability, subject to paragraph (a)(1) of this section. A licensee may have more than one CMRS system, but only the systems that satisfy the definition of covered CMRS are required to provide number portability. ( 1 ) Any procedure to identify and request switches for development of number portability must comply with the following criteria: ( i ) Any wireline carrier that is certified (or has applied for certification) to provide local exchange service in a state, or any licensed CMRS provider, must be permitted to make a request for deployment of number portability in that state; ( ii ) Carries requesting deployment in the 100 largest MSAs by November 24, 2003 must submit requests by February 24, 2003. ( iii ) A covered CMRS provider must make available upon request to any interested parties a list of its switches for which number portability has been requested and a list of its switches for which number portability has not been requested; ( iv ) After November 24, 2003, a covered CMRS provider must deploy number portability in additional switches serving the 100 largest MSAs upon request within the following time frames: ( A ) For remote switches supported by a host switch equipped for portability (“Equipped Remote Switches”), within 30 days; ( B ) For switches that require software but not hardware changes to provide portability (“Hardware Capable Switches”), within 60 days; ( C ) For switches that require hardware changes to provide portability (“Capable Switches Requiring Hardware”), within 180 days; and ( D ) For switches not capable of portability that must be replaced (“Non-Capable Switches”), within 180 days. ( v ) Carriers must be able to request deployment in any wireless switch that serves any area within the MSA, even if the wireless switch is outside that MSA, or outside any of the MSAs identified in the Appendix to this part. ( 2 ) By November 24, 2002, all covered CMRS providers must be able to support roaming nationwide. ( b ) By December 31, 1998, all covered CMRS providers must have the capability to obtain routing information, either by querying the appropriate database themselves or by making arrangements with other carriers that are capable of performing database queries, so that they can deliver calls from their networks to any party that has retained its number after switching from one telecommunications carrier to another. ( c ) [Reserved] ( d ) In the event a carrier subject to paragraphs (a) and (b) of this section is unable to meet the Commission's deadlines for implementing a long-term number portability method, it may file with the Commission at least 60 days in advance of the deadline a petition to extend the time by which implementation in its network will be completed. A carrier seeking such relief must demonstrate through substantial, credible evidence the basis for its contention that it is unable to comply with paragraphs (a) and (b) of this section. Such requests must set forth: ( 1 ) The facts that demonstrate why the carrier is unable to meet our deployment schedule; ( 2 ) A detailed explanation of the activities that the carrier has undertaken to meet the implementation schedule prior to requesting an extension of time; ( 3 ) An identification of the particular switches for which the extension is requested; ( 4 ) The time within which the carrier will complete deployment in the affected switches; and ( 5 ) A proposed schedule with milestones for meeting the deployment date. ( e ) The Chief, Wireless Telecommunications Bureau, may establish reporting requirements in order to monitor the progress of covered CMRS providers implementing number portability, and may direct such carriers to take any actions necessary to ensure compliance with this deployment schedule. [ 61 FR 38637 , July 25, 1996, as amended at 62 FR 18295 , Apr. 15, 1997; 63 FR 68204 , Dec. 10, 1998; 64 FR 22563 , Apr. 27, 1999; 68 FR 43009 , July 21, 2003; 71 FR 65750 , Nov. 9, 2006] § 52.32 Allocation of the shared costs of long-term number portability. ( a ) The local number portability administrator, as defined in § 52.21(h) , of each regional database, as defined in § 52.21(1) , shall recover the shared costs of long-term number portability attributable to that regional database from all telecommunications carriers providing telecommunications service in areas that regional database serves. Pursuant to its duties under § 52.26 , the local number portability administrator shall collect sufficient revenues to fund the operation of the regional database by: ( 1 ) Assessing a $100 yearly contribution on each telecommunications carrier identified in paragraph (a) introductory text that has no intrastate, interstate, or international end-user telecommunications revenue derived from providing telecommunications service in the areas that regional database serves, and ( 2 ) Assessing on each of the other telecommunications carriers providing telecommunications service in areas that regional database serves, a charge that recovers the remaining shared costs of long-term number portability attributable to that regional database in proportion to the ratio of: ( i ) The sum of the intrastate, interstate, and international end-user telecommunications revenues that such telecommunications carrier derives from providing telecommunications service in the areas that regional database serves, ii) to the sum of the intrastate, interstate, and international end-user telecommunications revenues that all telecommunications carriers derive from providing telecommunications service in the areas that regional database serves. ( b ) All telecommunications carriers providing service in the United States shall complete and submit a “Telecommunications Reporting Worksheet” (as published by the Commission in the Federal Register ), which sets forth the information needed to calculate contributions referred to in paragraph (a) of this section. The worksheet shall be certified to by an officer of the contributor, and subject to verification by the Commission or the administrator at the discretion of the Commission. The Chief of the Wireline Competition Bureau may waive, reduce, modify, or eliminate contributor reporting requirements that prove unnecessary and require additional reporting requirements that the Bureau deems necessary to the sound and efficient administration of long-term number portability. ( c ) Local number portability administrators shall keep all data obtained from contributors confidential and shall not disclose such data in company-specific form unless directed to do so by the Commission. Subject to any restrictions imposed by the Chief of the Wireline Competition Bureau, the local number portability administrators may share data obtained from carriers with the administrators of the universal service support mechanism (See 47 CFR 54.701 of this chapter), the TRS Fund (See 47 CFR 64.604(c)(4)(iii)(H) of this chapter), and the North American Numbering Plan cost recovery (See 47 CFR 52.16 ). The local number portability administrators shall keep confidential all data obtained from other administrators. The administrators shall use such data, from carriers or administrators, only for purposes of administering local number portability. The Commission shall have access to all data reported to the Administrator. Contributors may make requests for Commission nondisclosure of company-specific revenue information under § 0.459 of this chapter by so indicating on the Telecommunications Reporting Worksheet at the time that the subject data are submitted. The Commission shall make all decisions regarding nondisclosure of company-specific information. ( d ) Once a telecommunications carrier has been allocated, pursuant to paragraph (a)(1) or (a)(2) of this section, its portion of the shared costs of long-term number portability attributable to a regional database, the carrier shall treat that portion as a carrier-specific cost directly related to providing number portability. [ 63 FR 35160 , June 29, 1998, as amended at 64 FR 41331 , July 30, 1999; 67 FR 13226 , Mar. 21, 2002; 73 FR 9481 , Feb. 21, 2008; 80 FR 66479 , Oct. 29, 2015] § 52.33 Recovery of carrier-specific costs directly related to providing long-term number portability. ( a ) Incumbent local exchange carriers may recover their carrier-specific costs directly related to providing long-term number portability by establishing in tariffs filed with the Federal Communications Commission a monthly number-portability charge, as specified in paragraph (a)(1) of this section, a number portability query-service charge, as specified in paragraph (a)(2) of this section, and a monthly number-portability query/administration charge, as specified in paragraph (a)(3) of this section. ( 1 ) The monthly number-portability charge may take effect no earlier than February 1, 1999, on a date the incumbent local exchange carrier selects, and may end no later than 5 five years after the incumbent local exchange carrier's monthly number-portability charge takes effect. ( i ) An incumbent local exchange carrier may assess each end user it serves in the 100 largest metropolitan statistical areas, and each end user it serves from a number-portability-capable switch outside the 100 largest metropolitan statistical areas, one monthly number-portability charge per line except that: ( A ) One PBX trunk shall receive nine monthly number-portability charges. ( B ) One PRI ISDN line shall receive five monthly number-portability charges. ( C ) Lifeline Assistance Program customers shall not receive the monthly number-portability charge. ( ii ) An incumbent local exchange carrier may assess on carriers that purchase the incumbent local exchange carrier's switching ports as unbundled network elements under section 251 of the Communications Act, and/or Feature Group A access lines, and resellers of the incumbent local exchange carrier's local service, the same charges as described in paragraph (a)(1)(i) of this section, as if the incumbent local exchange carrier were serving those carriers' end users. ( iii ) An incumbent local exchange carrier may not assess a monthly number-portability charge for local loops carriers purchase as unbundled network elements under section 251. ( iv ) The incumbent local exchange carrier shall levelize the monthly number-portability charge over five years by setting a rate for the charge at which the present value of the revenue recovered by the charge does not exceed the present value of the cost being recovered, using a discount rate equal to the rate of return on investment which the Commission has prescribed for interstate access services pursuant to Part 65 of the Commission's Rules. ( 2 ) The number portability query-service charge may recover only carrier-specific costs directly related to providing long-term number portability that the incumbent local exchange carrier incurs to provide long-term number portability query service to carriers on a prearranged and default basis. ( 3 ) An incumbent local exchange carrier serving an area outside the 100 largest metropolitan statistical areas that is not number-portability capable but that participates in an extended area service calling plan with any one of the 100 largest metropolitan statistical areas or with an adjacent number portability-capable local exchange carrier may assess each end user it serves one monthly number-portability query/administration charge per line to recover the costs of queries, as specified in paragraph (a)(2) of this section, and carrier-specific costs directly related to the carrier's allocated share of the regional local number portability administrator's costs, except that per-line monthly number-portability query/administration charges shall be assigned as specified in paragraph (a)(1) of this section with respect to monthly number-portability charges. ( i ) Such incumbent local exchange carriers may assess a separate monthly number-portability charge as specified in paragraph (a)(1) of this section but such charge may recover only the costs incurred to implement number portability functionality and shall not include costs recovered through the monthly number-portability query/administration charge. ( ii ) The monthly number-portability query/administration charge may end no later than five years after the incumbent local exchange carrier's monthly number-portability query/administration charge takes effect. The monthly number-portability query/administration charge may be collected over a different five-year period than the monthly number-portability charge. These five-year periods may run either consecutively or concurrently, in whole or in part. ( b ) All telecommunications carriers other than incumbent local exchange carriers may recover their number portability costs in any manner consistent with applicable state and federal laws and regulations. [ 63 FR 35161 , June 29, 1998, as amended at 67 FR 40620 , June 13, 2002; 73 FR 9481 , Feb. 21, 2008; 80 FR 66479 , Oct. 29, 2015] § 52.34 Obligations regarding local number porting to and from interconnected VoIP or Internet-based TRS providers. ( a ) An interconnected VoIP or VRS or IP Relay provider must facilitate an end-user customer's or a Registered Internet-based TRS User's valid number portability request, as it is defined in this subpart, either to or from a telecommunications carrier or an interconnected VoIP or VRS or IP Relay provider. “Facilitate” is defined as the interconnected VoIP or VRS or IP Relay provider's affirmative legal obligation to take all steps necessary to initiate or allow a port-in or port-out itself or through the telecommunications carriers, if any, that it relies on to obtain numbering resources, subject to a valid port request, without unreasonable delay or unreasonable procedures that have the effect of delaying or denying porting of the NANP-based telephone number. ( b ) An interconnected VoIP or VRS or IP Relay provider may not enter into any agreement that would prohibit an end-user customer or a Registered Internet-based TRS User from porting between interconnected VoIP or VRS or IP Relay providers, or to or from a telecommunications carrier. ( c ) Telecommunications carriers must facilitate an end-user customer's valid number portability request either to or from an interconnected VoIP or VRS or IP Relay provider. “Facilitate” is defined as the telecommunication carrier's affirmative legal obligation to take all steps necessary to initiate or allow a port-in or port-out itself, subject to a valid port request, without unreasonable delay or unreasonable procedures that have the effect of delaying or denying porting of the NANP-based telephone number. [ 73 FR 9481 , Feb. 21, 2008, as amended at 73 FR 41294 , July 18, 2008; 80 FR 66479 , Oct. 29, 2015] § 52.35 Porting Intervals. ( a ) All telecommunications carriers required by the Commission to port telephone numbers must complete a simple wireline-to-wireline or simple intermodal port request within one business day unless a longer period is requested by the new provider or by the customer. The traditional work week of Monday through Friday represents mandatory business days and 8 a.m. to 5 p.m. represents minimum business hours, excluding the current service provider's company-defined holidays. An accurate and complete Local Service Request (LSR) must be received by the current service provider between 8 a.m. and 1 p.m. local time for a simple port request to be eligible for activation at midnight on the same day. Any simple port LSRs received after this time will be considered received on the following business day at 8 a.m. local time. ( b ) Small providers, as described in the 2009 LNP Porting Interval Order, must comply with this section by February 2, 2011. ( c ) Unless directed otherwise by the Commission, any telecommunications carrier granted a waiver by the Commission of the one-business day porting interval described in paragraph (a) must complete a simple wireline-to-wireline or simple intermodal port request within four business days unless a longer period is requested by the new provider or by the customer. ( d ) All telecommunications carriers required by the Commission to port telephone numbers must complete a non-simple wireline-to-wireline or non-simple intermodal port request within four business days unless a longer period is requested by the new provider or by the customer. ( e ) For purposes of this section: ( 1 ) The term “local time” means the predominant time zone of the Number Portability Administration Center (NPAC) Region in which the telephone number is being ported; and ( 2 ) The term “intermodal ports” includes ( i ) Wireline-to-wireless ports; ( ii ) Wireless-to-wireline ports; and ( iii ) Ports involving interconnected VoIP service. [ 75 FR 35315 , June 22, 2010, as amended at 80 FR 66480 , Oct. 29, 2015] § 52.36 Standard data fields for simple port order processing. ( a ) A telecommunications carrier may require only the data described in paragraphs (b) and (c) of this section to accomplish a simple port order request from an end user customer's new telecommunication's carrier. ( b ) Required standard data fields. ( 1 ) Ported telephone number; ( 2 ) Account number; ( 3 ) Zip code; ( 4 ) Company code; ( 5 ) New network service provider; ( 6 ) Desired due date; ( 7 ) Purchase order number; ( 8 ) Version; ( 9 ) Number portability direction indicator; ( 10 ) Customer carrier name abbreviation; ( 11 ) Requisition type and status; ( 12 ) Activity; ( 13 ) Telephone number of initiator; and ( 14 ) Agency authority status. ( c ) Optional standard data field. The Passcode field shall be optional unless the passcode has been requested and assigned by the end user. [ 75 FR 35315 , June 22, 2010, as amended at 80 FR 66480 , Oct. 29, 2015] § 52.37 Number Portability Requirements for Wireless Providers. Cross Reference Link to an amendment published at 88 FR 85814 , Dec. 8, 2023. ( a ) Applicability. This section applies to all providers of commercial mobile radio service (CMRS), as defined in 47 CFR 20.3 , including resellers of wireless service. ( b ) Authentication of port-out requests. A CMRS provider shall use secure methods to authenticate a customer that are reasonably designed to confirm the customer's identity before effectuating a port-out request, except to the extent otherwise required by 47 U.S.C. 345 (Safe Connections Act of 2022) or Part 64 Subpart II of this chapter. A CMRS provider shall regularly, but not less than annually, review and, as necessary, update its customer authentication methods to ensure that its authentication methods continue to be secure. ( c ) - ( e ) [Reserved] ( f ) Employee Training. A CMRS provider shall develop and implement training for employees to specifically address fraudulent port-out attempts, complaints, and remediation. Training shall include, at a minimum, how to identify fraudulent requests, how to recognize when a customer may be the victim of fraud, and how to direct potential victims and individuals making potentially fraudulent requests to employees specifically trained to handle such incidents. ( g ) [Reserved] ( h ) This section contains information-collection and/or recordkeeping requirements. Compliance with this section will not be required until this paragraph is removed or contains a compliance date. [ 88 FR 85813 , Dec. 8, 2023] §§ 52.38-52.99 [Reserved] Subpart D—Toll Free Numbers Source: 62 FR 20127 , Apr. 25, 1997, unless otherwise noted. § 52.101 General definitions. As used in this part: ( a ) Toll Free Numbering Administrator (TFNA). The entity appointed by the Commission under its authority pursuant to 47 U.S.C. 251(e)(1) that provides user support for the Service Management System database and administers the Service Management System database on a day-to-day basis. ( b ) Responsible Organization (“RespOrg”). The entity chosen by a toll free subscriber to manage and administer the appropriate records in the toll free Service Management System for the toll free subscriber. ( c ) Service Control Points. The regional databases in the toll free network. ( d ) Service Management System Database (“SMS Database”). The administrative database system for toll free numbers. The Service Management System is a computer system that enables Responsible Organizations to enter and amend the data about toll free numbers within their control. The Service Management System shares this information with the Service Control Points. The entire system is the SMS database. ( e ) Toll Free Subscriber. The entity that has been assigned a toll free number. ( f ) Toll Free Number. A telephone number for which the toll charges for completed calls are paid by the toll free subscriber. The toll free subscriber's specific geographic location has no bearing on what toll free number it can obtain from the SMS database. [ 62 FR 20127 , Apr. 25, 1997, as amended at 83 FR 53395 , Oct. 23, 2018] § 52.103 Lag times. ( a ) Definitions. As used in this section, the following definitions apply: ( 1 ) Assigned Status. A toll free number record that has specific subscriber routing information entered by the Responsible Organization in the Service Management System database and is pending activation in the Service Control Points. ( 2 ) Disconnect Status. The toll free number has been discontinued and an exchange carrier intercept recording is being provided. ( 3 ) Lag Time. The interval between a toll free number's reservation in the Service Management System database and its conversion to working status, as well as the period of time between disconnection or cancellation of a toll free number and the point at which that toll free number may be reassigned to another toll free subscriber. ( 4 ) Reserved Status. The toll free number has been reserved from the Service Management System database by a Responsible Organization for a toll free subscriber. ( 5 ) Seasonal Numbers. Toll free numbers held by toll free subscribers who do not have a year-round need for a toll free number. ( 6 ) Spare Status. The toll free number is available for assignment by a Responsible Organization. ( 7 ) Suspend Status. The toll free service has been temporarily disconnected and is scheduled to be reactivated. ( 8 ) Unavailable Status. The toll free number is not available for assignment due to an unusual condition. ( 9 ) Working Status. The toll free number is loaded in the Service Control Points and is being utilized to complete toll free service calls. ( 10 ) Transitional Status. Toll free numbers that have been disconnected for less than four months, but for which no Exchange Carrier Intercept Recording is being provided. ( b ) Reserved Status. Toll free numbers may remain in reserved status for up to 45 days. There shall be no extension of the reservation period after expiration of the initial 45-day interval. ( 1 ) Toll free numbers assigned via competitive bidding may remain in reserved status for a period of unlimited duration. ( 2 ) [Reserved] ( c ) Assigned Status. Toll free numbers may remain in assigned status until changed to working status or for a maximum of 6 months, whichever occurs first. Toll free numbers that, because of special circumstances, require that they be designated for a particular subscriber far in advance of their actual usage shall not be placed in assigned status, but instead shall be placed in unavailable status. ( d ) Disconnect Status. Toll free numbers must remain in disconnect status or a combination of disconnect and transitional status for no less than 45 days and for no more than 4 months. No requests for extension of the 4-month disconnect or disconnect and transitional interval will be granted. All toll free numbers in disconnect or transitional status must go directly into the spare or unavailable category upon expiration of the 4-month disconnect or transitional interval. A Responsible Organization may not retrieve a toll free number from disconnect or transitional status and return that number directly to working status at the expiration of the 4-month disconnect or transitional interval. ( e ) Suspend Status. Toll free numbers may remain in suspend status until changed to working status or for a maximum of 8 months, whichever occurs first. Only numbers involved in billing disputes shall be eligible for suspend status. ( f ) Unavailable Status. ( 1 ) Written requests to make a specific toll free number unavailable must be submitted to the Toll Free Numbering Administrator (TFNA) by the Responsible Organization managing the records of the toll free number. The request shall include the appropriate documentation of the reason for the request. The Toll Free Numbering Administrator (TFNA) is the only entity that can assign this status to or remove this status from a number. Responsible Organizations that have a Toll Free Subscriber with special circumstances requiring that a toll free number be designated for that particular subscriber far in advance of its actual usage may request that the Toll Free Numbering Administrator (TFNA) place such a number in unavailable status. ( 2 ) Seasonal numbers shall be placed in unavailable status. The Responsible Organization for a Toll Free Subscriber who does not have a year round need for a toll free number shall follow the procedures outlined in § 52.103(f)(1) of these rules if it wants the Toll Free Numbering Administrator (TFNA) to place a particular toll free number in unavailable status. [ 62 FR 20127 , Apr. 25, 1997, as amended at 83 FR 53396 , Oct. 23, 2018; 84 FR 11232 , Mar. 26, 2019] § 52.105 Warehousing. ( a ) As used in this section, warehousing is the practice whereby Responsible Organizations, either directly or indirectly through an affiliate, reserve toll free numbers from the Service Management System database without having an actual toll free subscriber for whom those numbers are being reserved. ( b ) Responsible Organizations shall not warehouse toll free numbers. There shall be a rebuttable presumption that a Responsible Organization is warehousing toll free numbers if: ( 1 ) The Responsible Organization does not have an identified toll free subscriber agreeing to be billed for service associated with each toll free number reserved from the Service Management System database; or ( 2 ) The Responsible Organization does not have an identified toll free subscriber agreeing to be billed for service associated with a toll free number before switching that toll free number from reserved or assigned to working status. ( c ) Responsible Organizations shall not maintain a toll free number in reserved status if there is not a prospective toll free subscriber requesting that toll free number. ( d ) A Responsible Organization's act of reserving a number from the Service Management System database shall serve as that Responsible Organization's certification that there is an identified toll free subscriber agreeing to be billed for service associated with the toll free number. ( e ) Tariff Provision. The following provision shall be included in the Service Management System tariff and in the local exchange carriers' toll free database access tariffs: [T]he Federal Communications Commission (“FCC”) has concluded that warehousing, which the FCC defines as Responsible Organizations, either directly or indirectly through an affiliate, reserving toll free numbers from the SMS database without having an identified toll free subscriber from whom those numbers are being reserved, is an unreasonable practice under § 201(b) of the Communications Act and is inconsistent with the Commission's obligation under § 251(e) of the Communications Act to ensure that numbers are made available on an equitable basis; and if a Responsible Organization does not have an identified toll free subscriber agreeing to be billed for service associated with each toll free number reserved from the database, or if a Responsible Organization does not have an identified, billed toll free subscriber before switching a number from reserved or assigned to working status, then there is a rebuttable presumption that the Responsible Organization is warehousing numbers. Responsible Organizations that warehouse numbers will be subject to penalties. ( f ) The provisions of this section shall not apply to toll free numbers assigned via competitive bidding or to numbers transferred under this exception. [ 62 FR 20127 , Apr. 25, 1997, as amended at 83 FR 53396 , Oct. 23, 2018] § 52.107 Hoarding. ( a ) As used in this section, hoarding is the acquisition by a toll free subscriber from a Responsible Organization of more toll free numbers than the toll free subscriber intends to use for the provision of toll free service. The definition of hoarding also includes number brokering, which is the selling of a toll free number by a private entity for a fee. ( 1 ) Toll free subscribers shall not hoard toll free numbers. ( 2 ) No person or entity shall acquire a toll free number for the purpose of selling the toll free number to another entity or to a person for a fee. ( 3 ) Routing multiple toll free numbers to a single toll free subscriber will create a rebuttable presumption that the toll free subscriber is hoarding or brokering toll free numbers. ( b ) Tariff Provision. The following provision shall be included in the Service Management System tariff and in the local exchange carriers' toll free database access tariffs: [T]he Federal Communications Commission (“FCC”) has concluded that hoarding, defined as the acquisition of more toll free numbers than one intends to use for the provision of toll free service, as well as the sale of a toll free number by a private entity for a fee, is contrary to the public interest in the conservation of the scarce toll free number resource and contrary to the FCC's responsibility to promote the orderly use and allocation of toll free numbers. ( c ) Toll Free Numbers Assigned via Competitive Bidding. The provisions of this section shall not apply to toll free numbers assigned via competitive bidding or to numbers transferred under the exception to § 52.105 contained in paragraph (f) of that section. [ 62 FR 20127 , Apr. 25, 1997, as amended at 83 FR 53396 , Oct. 23, 2018] § 52.109 Permanent cap on number reservations. ( a ) A Responsible Organization may have in reserve status, at any one time, either 2000 toll free numbers or 7.5 percent of that Responsible Organization's numbers in working status, whichever is greater. ( b ) A Responsible Organization shall never reserve more than 3 percent of the quantity of toll free numbers in spare status as of the previous Sunday at 12:01 a.m. Eastern Time. ( c ) The Wireline Competition Bureau shall modify the quantity of numbers a Responsible Organization may have in reserve status or the percentage of numbers in the spare pool that a Responsible Organization may reserve when exigent circumstances make such action necessary. The Wireline Competition Bureau shall establish, modify, and monitor toll free number conservation plans when exigent circumstances necessitate such action. [ 62 FR 20127 , Apr. 25, 1997, as amended at 67 FR 13226 , Mar. 21, 2002; 83 FR 53396 , Oct. 23, 2018] § 52.111 Toll free number assignment. Toll free telephone numbers must be made available to Responsible Organizations and subscribers on an equitable basis. The Commission will assign toll free numbers by competitive bidding, on a first-come, first-served basis, by an alternative assignment methodology, or by a combination of the foregoing options. [ 83 FR 53396 , Oct. 23, 2018] Subpart E—Universal Dialing Code for National Suicide Prevention and Mental Health Crisis Hotline System Source: 85 FR 57783 , Sept. 16, 2020, unless otherwise noted. § 52.200 Designation of 988 for a National Suicide Prevention and Mental Health Crisis Hotline. ( a ) 988 is established as the 3-digit dialing code for a national suicide prevention and mental health crisis hotline system maintained by the Assistant Secretary for Mental Health and Substance Use and the Secretary of Veterans Affairs. ( b ) All covered providers shall transmit all calls initiated by an end user dialing 988 to the current toll free access number for the National Suicide Prevention Lifeline, presently 1-800-273-8255 (TALK). ( c ) All covered providers shall complete 10-digit dialing implementation in areas that use 7-digit dialing and have assigned 988 as a central office code as defined in § 52.7(c) by July 16, 2022. ( d ) All covered providers shall complete all changes to their systems that are necessary to implement the designation of the 988 dialing code by July 16, 2022. ( e ) For purposes of complying with the requirements of this section, ( 1 ) The term “covered provider” means any telecommunications carrier, interconnected VoIP provider, or provider of one-way VoIP. ( 2 ) The term “one-way VoIP”— ( i ) Means a service that— ( A ) Enables real-time, two-way voice communications; ( B ) Requires a broadband connection from the user's location; ( C ) Requires internet protocol-compatible customer premises equipment; and ( D ) Permits users generally to receive calls that originate on the public switched telephone network or to terminate calls to the public switched telephone network. ( ii ) Does not include any service that is an interconnected VoIP service. § 52.201 Texting to the National Suicide Prevention and Mental Health Crisis Hotline. ( a ) Support for 988 text message service. Beginning July 16, 2022, all covered text providers must route a covered 988 text message to the current toll free access number for the National Suicide Prevention Lifeline, presently 1-800-273-8255 (TALK). ( b ) Access to SMS networks for 988 text messages. To the extent that Commercial Mobile Radio Services (CMRS) providers offer Short Message Service (SMS), they shall allow access by any other covered text provider to the capabilities necessary for transmission of 988 text messages originating on such other covered text providers' application services. ( c ) Definitions. For purposes of this section: 988 text message. ( i ) Means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, or 988; ( ii ) Includes and is not limited to a SMS message and a multimedia message service (MMS) message; and ( iii ) Does not include— ( A ) A real-time, two-way voice or video communication; or ( B ) A message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in paragraph (b) of this section. Covered 988 text message means a 988 text message in SMS format and any other format that the Wireline Competition Bureau has determined must be supported by covered text providers. Covered text provider includes all CMRS providers as well as all providers of interconnected text messaging services that enable consumers to send text messages to and receive text messages from all or substantially all text-capable U.S. telephone numbers, including through the use of applications downloaded or otherwise installed on mobile phones. Multimedia message service ( MMS ) shall have the same definition as the term in § 64.1600(k) of this chapter . Short message service ( SMS ) shall have the same definition as the term in § 64.1600(m) of this chapter . [ 87 FR 412 , Jan. 5, 2022] Appendix to Part 52—Deployment Schedule for Long-Term Database Methods for Local Number Portability Implementation must be completed by the carriers in the relevant MSAs during the periods specified below: Phase I—10/1/97-3/31/98 Chicago, IL 3 Philadelphia, PA 4 Atlanta, GA 8 New York, NY 2 Los Angeles, CA 1 Houston, TX 7 Minneapolis, MN 12 Phase II—1/1/98-5/15/98 Detroit, MI 6 Cleveland, OH 20 Washington, DC 5 Baltimore, MD 18 Miami, FL 24 Fort Lauderdale, FL 39 Orlando, FL 40 Cincinnati, OH 30 Tampa, FL 23 Boston, MA 9 Riverside, CA 10 San Diego, CA 14 Dallas, TX 11 St. Louis, MO 16 Phoenix, AZ 17 Seattle, WA 22 Phase III—4/1/98-6/30/98 Indianapolis, IN 34 Milwaukee, WI 35 Columbus, OH 38 Pittsburgh, PA 19 Newark, NJ 25 Norfolk, VA 32 New Orleans, LA 41 Charlotte, NC 43 Greensboro, NC 48 Nashville, TN 51 Las Vegas, NV 50 Nassau, NY 13 Buffalo, NY 44 Orange Co, CA 15 Oakland, CA 21 San Francisco, CA 29 Rochester, NY 49 Kansas City, KS 28 Fort Worth, TX 33 Hartford, CT 46 Denver, CO 26 Portland, OR 27 Phase IV—7/1/98-9/30/98 Grand Rapids, MI 56 Dayton, OH 61 Akron, OH 73 Gary, IN 80 Bergen, NJ 42 Middlesex, NJ 52 Monmouth, NJ 54 Richmond, VA 63 Memphis, TN 53 Louisville, KY 57 Jacksonville, FL 58 Raleigh, NC 59 West Palm Beach, FL 62 Greenville, SC 66 Honolulu, HI 65 Providence, RI 47 Albany, NY 64 San Jose, CA 31 Sacramento, CA 36 Fresno, CA 68 San Antonio, TX 37 Oklahoma City, OK 55 Austin, TX 60 Salt Lake City, UT 45 Tucson, AZ 71 Phase V—10/1/98-12/31/98 Toledo, OH 81 Youngstown, OH 85 Ann Arbor, MI 95 Fort Wayne, IN 100 Scranton, PA 78 Allentown, PA 82 Harrisburg, PA 83 Jersey City, NJ 88 Wilmington, DE 89 Birmingham, AL 67 Knoxville, KY 79 Baton Rouge, LA 87 Charleston, SC 92 Sarasota, FL 93 Mobile, AL 96 Columbia, SC 98 Tulsa, OK 70 Syracuse, NY 69 Springfield, MA 86 Ventura, CA 72 Bakersfield, CA 84 Stockton, CA 94 Vallejo, CA 99 El Paso, TX 74 Little Rock, AR 90 Wichita, KS 97 New Haven, CT 91 Omaha, NE 75 Albuquerque, NM 76 Tacoma, WA 77 [ 62 FR 18295 , Apr. 15, 1997]
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PART 36—JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES [1] Authority: 47 U.S.C. 151 , 152 , 154(i) and (j) , 201 , 205 , 220 , 221(c) , 254 , 303(r) , 403 , 410 , and 1302 unless otherwise noted. Source: 52 FR 17229 , May 6, 1987, unless otherwise noted. Editorial Note Editorial Note: Nomenclature changes to part 36 appear at 74 FR 23956 , May 22, 2009, 77 FR 30411 , May 23, 2012, 82 FR 25538 , June 2, 2017, and corrected at 83 FR 4153 , Jan. 30, 2018. Nomenclature changes to part 36 also appear at 83 FR 63587 , Dec. 11, 2018, and 84 FR 4360 , Feb. 15, 2019. Subpart A—General § 36.1 General. ( a ) This part contains an outline of separations procedures for telecommunications companies on the station-to-station basis. These procedures are applicable either to property costs, revenues, expenses, taxes, and reserves as recorded on the books of the company or to estimated amounts. ( 1 ) Where a value basis is used instead of book costs, the “costs” referred to are the “values” of the property derived from the valuation. ( b ) The separations procedures set forth in this part are designed primarily for the allocation of property costs, revenues, expenses, taxes and reserves between state and interstate jurisdictions. For separations, where required, of the state portion between exchange and toll or for separations of individual exchanges or special services, further analyses and studies may be required to adapt the procedures to such additional separations. ( c ) The fundamental basis on which separations are made is the use of telecommunications plant in each of the operations. The first step is the assignment of the cost of the plant to categories. The basis for making this assignment is the identification of the plant assignable to each category and the determination of the cost of the plant so identified. The second step is the apportionment of the cost of the plant in each category among the operations by direct assignment where possible, and all remaining costs are assigned by the application of appropriate use factors. ( d ) In assigning book costs to categories, the costs used for certain plant classes are average unit costs which equate to all book costs of a particular account or subaccount; for other plant classes, the costs used are those which either directly approximate book cost levels or which are equated to match total book costs at a given location. ( e ) The procedures outlined herein reflect “short-cuts” where practicable and where their application produces substantially the same separations results as would be obtained by the use of more detailed procedures, and they assume the use of records generally maintained by Telecommunications Companies. ( f ) The classification to accounts of telecommunications property, revenues, expenses, etc., set forth in this manual is that prescribed by the Federal Communications Commission's Uniform System of Accounts for Telecommunications Companies. ( g ) In the assignment of property costs to categories and in the apportionment of such costs among the operations, each amount so assigned and apportioned is identified as to the account classification in which the property is included. Thus, the separated results are identified by property accounts and apportionment bases are provided for those expenses which are separated on the basis of the apportionment of property costs. Similarly, amounts of revenues and expenses assigned each of the operations are identified as to account classification. ( h ) The separations procedures described in this part are not to be interpreted as indicating what property, revenues, expenses and taxes, or what items carried in the income, reserve and retained earnings accounts, should or should not be considered in any investigation or rate proceeding. § 36.2 Fundamental principles underlying procedures. ( a ) The following general principles underlie the procedures outlined in this part: ( 1 ) Separations are intended to apportion costs among categories or jurisdictions by actual use or by direct assignment. ( 2 ) Separations are made on the “actual use” basis, which gives consideration to relative occupancy and relative time measurements. ( 3 ) In the development of “actual use” measurements, measurements of use are ( i ) determined for telecommunications plant or for work performed by operating forces on a unit basis (e.g., conversation-minute-kilometers per message, weighted standard work seconds per call) in studies of traffic handled or work performed during a representative period for all traffic and ( ii ) applied to overall traffic volumes, i.e., 24-hour rather than busy-hour volumes. ( b ) Underlying the procedures included in this manual for the separation of plant costs is an over-all concept which may be described as follows: ( 1 ) Telecommunications plant, in general, is segregable into two broad classifications, namely, ( i ) interexchange plant, which is plant used primarily to furnish toll services, and ( ii ) exchange plant, which is plant used primarily to furnish local services. ( 2 ) Within the interexchange classification, there are three broad types of plant, i.e., operator systems, switching plant, and trunk transmission equipment. Within the exchange classification there are four board types of plant, i.e., operator systems, switching plant, truck equipment and subscriber plant. Subscriber plant comprises lines to the subscriber. ( 3 ) In general, the basis for apportioning telecommunications plant used jointly for state and interstate operations are: ( i ) Operator work time expressed in weighted standard work seconds is the basis for measuring the use of operator systems. ( ii ) Holding-time-minutes is the basis for measuring the use of local and toll switching plant. ( iii ) Conversation-minute-kilometers or conversation minutes is the basis for measuring the use of interexchange circuit plant and holding-time minutes is the basis for measuring the use of exchange trunk plant. While the use of holding-time-minute-kilometers is the basic fundamental allocation factor for interexchange circuit plant and exchange trunk plant, the use of conversation-minute-kilometers or conversation-minutes for the allocation of interexchange circuit plant and holding-time minutes for the allocation of exchange trunk plant are considered practical approximations for separations between state and interstate operations when related to the broad types of plant classifications used herein. ( iv ) Message telecommunications subscriber plant shall be apportioned on the basis of a Gross Allocator which assigns 25 percent to the interstate jurisdiction and 75 percent to the state jurisdiction. ( c ) Property rented to affiliates, if not substantial in amount, is included as used property of the owning company with the associated revenues and expenses treated consistently: Also such property rented from affiliates is not included with the used property of the company making the separations; the rent paid is included in its expenses. If substantial in amount, the following treatment is applied: ( 1 ) In the case of property rented to affiliates, the property and related expenses and rent revenues are excluded from the telephone operations of the owning company, and ( 2 ) In the case of property rented from affiliates, the property and related expenses are included with, and the rent expenses are excluded from, the telephone operations of the company making the separation. ( d ) Property rented to or from non-affiliates is usually to be included as used property of the owning company with the associated revenues and expenses treated consistently. In the event the amount is substantial, the property involved and the revenues and expenses associated therewith may be excluded from or included in the telecommunications operations of the company. When required, the cost of property rented to or from non-affiliates is determined using procedures that are consistent with the procedures for the allocation of costs among the operations. ( e ) Costs associated with services or plant billed to another company which have once been separated under procedures consistent with general principles set forth in this part, and are thus identifiable as entirely interstate or State in nature, shall be directly assigned to the appropriate operation and jurisdiction. [ 52 FR 17229 , May 6, 1987, as amended at 58 FR 44905 , Aug. 25, 1993; 71 FR 65745 , Nov. 9, 2006] § 36.3 Freezing of jurisdictional separations category relationships and/or allocation factors. ( a ) Effective July 1, 2001, through December 31, 2024, all local exchange carriers subject to part 36 rules shall apportion costs to the jurisdictions using their study area and/or exchange specific jurisdictional allocation factors calculated during the twelve-month period ending December 31, 2000, for each of the categories/sub-categories as specified herein. Direct assignment of private line service costs between jurisdictions shall be updated annually. Other direct assignment of investment, expenses, revenues or taxes between jurisdictions shall be updated annually. Local exchange carriers that invest in telecommunications plant categories during the period July 1, 2001, through December 31, 2024, for which it had no separations allocation factors for the twelve-month period ending December 31, 2000, shall apportion that investment among the jurisdictions in accordance with the separations procedures in effect as of December 31, 2000 for the duration of the freeze. ( b ) Effective July 1, 2001, through December 31, 2024, local exchange carriers subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign costs from the accounts under part 32 of this chapter (part 32 account(s)) to the separations categories/sub-categories, as specified herein, based on the percentage relationships of the categorized/sub-categorized costs to their associated part 32 accounts for the twelve-month period ending December 31, 2000. If a part 32 account for separations purposes is categorized into more than one category, the percentage relationship among the categories shall be utilized as well. Local exchange carriers that invest in types of telecommunications plant during the period July 1, 2001, through December 31, 2024, for which it had no separations category investment for the twelve-month period ending December 31, 2000, shall assign such investment to separations categories in accordance with the separations procedures in effect as of December 31, 2000. Local exchange carriers not subject to price cap regulation, pursuant to § 61.41 of this chapter , may elect to be subject to the provisions of this paragraph (b) . Such election must be made prior to July 1, 2001. Any local exchange carrier that is subject to § 69.3(e) of this chapter and that elected to be subject to this paragraph (b) may withdraw from that election by notifying the Commission by May 1, 2019, of its intent to withdraw from that election, and that withdrawal will be effective as of July 1, 2019. Any local exchange carrier that participates in an Association tariff, pursuant to §§ 69.601 through 69.610 of this chapter , and that elected to be subject to this paragraph (b) may withdraw from that election by notifying the Association by March 1, 2019, of such intent. Subject to these two exceptions, local exchange carriers that previously elected to become subject to this paragraph (b) shall not be eligible to withdraw from such regulation for the duration of the freeze. ( c ) Effective July 1, 2001, through December 31, 2024, any local exchange carrier that sells or otherwise transfers exchanges, or parts thereof, to another carrier's study area shall continue to utilize the factors and, if applicable, category relationships as specified in paragraphs (a) and (b) of this section. ( d ) Effective July 1, 2001, through December 31, 2024, any local exchange carrier that buys or otherwise acquires exchanges or part thereof, shall calculate new, composite factors and, if applicable, category relationships based on a weighted average of both the seller's and purchaser's factors and category relationships calculated pursuant to paragraphs (a) and (b) of this section. This weighted average should be based on the number of access lines currently being served by the acquiring carrier and the number of access lines in the acquired exchanges. ( 1 ) To compute the composite allocation factors and, if applicable, the composite category percentage relationships of the acquiring company, the acquiring carrier shall first sum its existing (pre-purchase) access lines (A) with the total access lines acquired from selling company (B). Then, multiply its factors and category relationship percentages by (A/(A + B)) and those of the selling company by (B/(A + B)) and sum the results. ( 2 ) For carriers subject to a freeze of category relationships, the acquiring carrier should remove all categories of investment from the selling carrier's list of frozen category relationships where no such category investment exists within the sold exchange(s). The seller's remaining category relationships must then be increased proportionately to total 100 percent. Then, the adjusted seller's category relationships must be combined with those of the acquiring carrier as specified in § 36.3(d)(1) to determine the category relationships for the acquiring carrier's post-transfer study area. ( e ) Any local exchange carrier study area converting from average schedule company status, as defined in § 69.605(c) of this chapter , to cost company status during the period July 1, 2001, through December 31, 2024, shall, for the first twelve months subsequent to conversion categorize the telecommunications plant and expenses and develop separations allocation factors in accordance with the separations procedures in effect as of December 31, 2000. Effective July 1, 2001 through December 31, 2024, such companies shall utilize the separations allocation factors and account categorization subject to the requirements of paragraphs (a) and (b) of this section based on the category relationships and allocation factors for the twelve months subsequent to the conversion to cost company status. [ 66 FR 33204 , June 21, 2001, as amended at 79 FR 36235 , June 26, 2014; 84 FR 4360 , Feb. 15, 2019] § 36.4 Streamlining procedures for processing petitions for waiver of study area boundaries. Cross Reference Link to an amendment published at 89 FR 25158 , Apr. 10, 2024. Effective January 1, 2012, local exchange carriers seeking a change in study area boundaries shall be subject to the following procedure: ( a ) Public Notice and Review Period. Upon determination by the Wireline Competition Bureau that a petitioner has filed a complete petition for study area waiver and that the petition is appropriate for streamlined treatment, the Wireline Competition Bureau will issue a public notice seeking comment on the petition. Unless otherwise notified by the Wireline Competition Bureau, the petitioner is permitted to alter its study area boundaries on the 60th day after the reply comment due date, but only in accordance with the boundary changes proposed in its application. ( b ) Comment Cycle. Comments on petitions for waiver may be filed during the first 30 days following public notice, and reply comments may be filed during the first 45 days following public notice, unless the public notice specifies a different pleading cycle. All comments on petitions for waiver shall be filed electronically, and shall satisfy such other filing requirements as may be specified in the public notice. [ 76 FR 73853 , Nov. 29, 2011] Subpart B—Telecommunications Property General § 36.101 Section arrangement. ( a ) This subpart is arranged in sections as follows: General Telecommunications Plant in Service—Account 2001— 36.101 and 36.102. General Support Facilities—Account 2110—36.111 and 36.112. Central Office Equipment—Accounts 2210, 2220, 2230—36.121 thru 36.126. Information Origination/Termination Equipment—Account 2310—36.141 and 36.142. Cable and Wire Facilities—Account 2410—36.151 thru 36.157. Amortization Assets—Accounts 2680 and 2690—36.161 and 36.162. Telecommunications Plant—Other Accounts 2002 thru 2005—36.171. Rural Telephone Bank Stock—36.172. Material and Supplies—Accounts 1220, and Cash Working Capital—36.181 and 36.182. Equal Access Equipment—36.191. [ 60 FR 12138 , Mar. 6, 1995] § 36.102 General. ( a ) This section contains an outline of the procedures used in the assignment of Telecommunications Plant in Service—Account 2001 to categories and the apportionment of the cost assigned to each category among the operations. ( b ) The treatment of rental plant is outlined in §§ 36.2(c) through 36.2(e) . If the amount of such plant is substantial, the cost may be determined by using the general procedures set forth for the assignment of the various kinds of property to categories. ( c ) The amount of depreciation deductible from the book cost or “value” is apportioned among the operations in proportion to the separation of the cost of the related plant accounts. General Support Facilities § 36.111 General. ( a ) The costs of the general support facilities are contained in Account 2110, Land and Support Assets. This account contains land, buildings, motor vehicles, aircraft, special purpose vehicles, garage work equipment, other work equipment, furniture, office equipment and general purpose computers. § 36.112 Apportionment procedure. ( a ) The costs of the general support facilities of local exchange carriers that had annual revenues from regulated telecommunications operations equal to or greater than $157 million for calendar year 2016 are apportioned among the operations on the basis of either the method in paragraph (a)(1) of this section or the method in paragraph (a)(2) of this section, at the election of the local exchange carrier: ( 1 ) The separation of the costs of the combined Big Three Expenses which include the following accounts: Table 1 to Paragraph ( a )(1) Plant Specific Expenses Central Office Switching Expenses Account 6210. Operators Systems Expenses Account 6220. Central Office Transmission Expenses Account 6230. Information Origination/Termination Expenses Account 6310. Cable and Wire Facilities Expenses Account 6410. Plant Non-Specific Expenses Network Operations Expenses Account 6530. Customer Operations Expenses Marketing Account 6610. Services Account 6620. ( 2 ) The separation of the costs of Central Office Equipment, Information Origination/Termination Equipment, and Cable and Wire Facilities, combined. ( b ) The costs of the general support facilities of local exchange carriers that had annual revenues from regulated telecommunications operations less than $157 million for calendar year 2016 are apportioned among the operations on the basis of the separation of the costs of Central Office Equipment, Information Origination/Termination Equipment, and Cable and Wire Facilities, combined. [ 83 FR 63584 , Dec. 11, 2018] Central Office Equipment § 36.121 General. ( a ) The costs of central office equipment are carried in the following accounts: Table 1 to Paragraph ( a ) Central Office Switching Account 2210. Operator Systems Account 2220. Central Office Transmission Account 2230. ( b ) Records of the cost of central office equipment are usually maintained for each study area separately by accounts. However, each account frequently includes equipment having more than one use. Also, equipment in one account frequently is associated closely with equipment in the same building in another account. Therefore, the separations procedures for central office equipment have been designed to deal with categories of plant rather than with equipment in an account. ( c ) In the separation of the cost of central office equipment among the operations, the first step is the assignment of the equipment in each study area to categories. The basic method of making this assignment is the identification of the equipment assignable to each category, and the determination of the cost of the identified equipment by analysis of accounting, engineering and other records. ( 1 ) The cost of common equipment not assigned to a specific category, e.g., common power equipment, including emergency power equipment, aisle lighting and framework, including distributing frames, is distributed among the categories in proportion to the cost of equipment, (excluding power equipment not dependent upon common power equipment) directly assigned to categories. ( i ) The cost of power equipment used by one category is assigned directly to that category, e.g., 130-volt power supply provided for circuit equipment. The cost of emergency power equipment protecting only power equipment used by one category is also assigned directly to that category. ( ii ) Where appropriate, a weighting factor is applied to the cost of circuit equipment in distributing the power plant costs not directly assigned, in order to reflect the generally greater power use per dollar of cost of this equipment. ( d ) The second step is the apportionment of the cost of the equipment in each category among the operations through the application of appropriate use factors or by direct assignment. [ 52 FR 17229 , May 6, 1987, as amended at 69 FR 12549 , Mar. 17, 2004; 83 FR 63584 , Dec. 11, 2018] § 36.122 Categories and apportionment procedures. ( a ) The following categories of central office equipment and apportionment procedures therefore are set forth in §§ 36.123 through 36.126 . Operator Systems Equipment Category 1. Tandem Switching Equipment Category 2. Local Switching Equipment Category 3. Circuit Equipment Category 4. § 36.123 Operator systems equipment—Category 1. ( a ) Operator systems equipment is contained in Account 2220. It includes all types of manual telephone switchboards except tandem switchboards and those used solely for recording of calling telephone numbers in connection with customer dialed charge traffic. It includes all face equipment, terminating relay circuits of trunk and toll line circuits, cord circuits, cable turning sections, subscriber line equipment, associated toll connecting trunk equipment, number checking facilities, ticket distributing systems, calculagraphs, chief operator and other desks, operator chairs, and other such equipment. ( 1 ) Operator systems equipment is generally classified according to operating arrangements of which the following are typical: ( i ) Separate toll boards ( ii ) Separate local manual boards ( iii ) Combined local manual and toll boards ( iv ) Combined toll and DSA boards ( v ) Separate DSA and DSB boards ( vi ) Service observing boards ( vii ) Auxiliary service boards ( viii ) Traffic service positions ( 2 ) If switchboards as set forth in § 36.123(a) are of the key pulsing type, the cost of the key pulsing senders, link and trunk finder equipment is included with the switchboards. ( 3 ) DSB boards include the associated DSB dial equipment, such as link and sender equipment. ( 4 ) Traffic service position systems include the common control and trunk equipment in addition to the associated groups of positions wherever located. ( 5 ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the average balance of Account 2220, Operator Systems, to the categories/subcategories, as specified in paragraph (a)(1) of this section, based on the relative percentage assignment of the average balance of Account 2220 to these categories/subcategories during the twelve-month period ending December 31, 2000. ( 6 ) Effective July 1, 2001 through December 31, 2024, all study areas shall apportion the costs assigned to the categories/subcategories, as specified in paragraph (a)(1) of this section, among the jurisdictions using the relative use measurements for the twelve-month period ending December 31, 2000 for each of the categories/subcategories specified in paragraphs (b) through (e) of this section. ( b ) The cost of the following operator systems equipment is apportioned among the operations on the basis of the relative number of weighted standard work seconds handled at the switchboards under consideration. ( 1 ) The following types of switchboards at toll centers are generally apportioned individually: ( i ) Separate toll boards. These usually include outward, through and inward positions in separate lines and associated inward toll switchboard positions in line. ( ii ) Switchboards handling both local and toll, either combined or having segregated local and toll positions in the same line. ( iii ) Switchboards handling both toll and DSA, either combined or having segregated toll and DSA positions in the same line. ( iv ) Traffic service positions, including separately located groups of these positions when associated with a common basic control unit. ( 2 ) The following types of switchboards at toll centers are apportioned individually, or by groups of comparable types of boards for each exchange: ( i ) Separate local manual boards. This includes the local positions of manual boards where inward toll positions are in the same line. ( ii ) Separate DSA boards. ( iii ) Separate DSB boards. ( 3 ) Tributary boards may be treated individually if warranted or they may be treated on a group basis. ( c ) Auxiliary service boards generally handle rate and route, information, and intercept service at individual or joint positions. The cost of these boards is apportioned as follows: ( 1 ) The cost of separate directory assistance boards is apportioned among the operations on the basis of the relative number of weighted standard work seconds handled at the boards under consideration. Directory assistance weighted standard work seconds are apportioned among the operations on the basis of the classification of these weighted standard work seconds as follows: ( i ) Directory assistance weighted standard work seconds first are classified between calls received over toll directory assistance trunks from operators or customers and all other directory assistance calls. ( ii ) The directory assistance weighted standard work seconds of each type further are classified separately among the operations on the basis of an analysis of a representative sample of directory assistance calls of each type with reference to the locations of the calling and called stations for each call. ( 2 ) The cost of separate intercept boards and automated intercept systems in the study area is apportioned among the operations on the basis of the relative number of subscriber line minutes of use. ( 3 ) The cost of separate rate and route boards is generally included with the cost of the toll boards served and is apportioned with those boards. ( 4 ) Where more than one auxiliary service is handled at an auxiliary board, the cost of the board is apportioned among the auxiliary services on the basis of the relative number of weighted standard work seconds for each service. The cost of that part of the board allocated to each auxiliary service is apportioned among the operations in the same manner as for a separate auxiliary board. ( d ) The cost of joint exchange and toll service observing boards is first apportioned between exchange and toll use on the basis of the relative number of exchange and toll service observing units at these boards. The cost of separate toll service observing boards and the toll portion of joint service observing boards is apportioned between state and interstate operations on the basis of the relative number of toll minutes of use associated with the toll messages originating in the offices observed. ( e ) Traffic Service Position System (TSPS) investments are apportioned as follows: ( 1 ) Operator position investments are apportioned on the basis of the relative weighted standard work seconds for the entire TSPS complex. ( 2 ) Remote trunk arrangement (RTA) investments are apportioned on the basis of the relative processor real time (i.e., actual seconds) required to process TSPS traffic originating from the end offices served by each RTA. ( 3 ) The remaining investments at the central control location, such as the stored program control and memory, is apportioned on the basis of the relative processor real time (i.e., actual seconds) for the entire TSPS complex. [ 52 FR 17229 , May 6, 1987, as amended at 66 FR 33205 , June 21, 2001; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36236 , June 26, 2014] § 36.124 Tandem switching equipment—Category 2. ( a ) Tandem switching equipment is contained in Account 2210. It includes all switching equipment in a tandem central office, including any associated tandem switchboard positions and any intertoll switching equipment. Intertoll switching equipment includes switching equipment used for the interconnection of message toll telephone circuits with each other or with local or tandem telephone central office trunks, intertoll dial selector equipment, or intertoll trunk equipment in No. 5 type electronic offices. Equipment, including switchboards used for recording of calling telephone numbers and other billing information in connection with customer dialed charge traffic is included with Local Switching Equipment—Category 3. ( 1 ) At toll center toll offices, intertoll switching equipment comprises equipment in the toll office used in the interconnection of: Toll center to toll center circuits; toll center to tributary circuits; tributary to tributary circuits; toll center to tandem circuits or in the interconnection of the aforementioned types of circuits with trunks to local offices in the toll center city, i.e., interconnection with toll switching trunks, operator trunks, information trunks, testing trunks, etc. Equipment associated with the local office end of such trunks is included with local switching equipment or switchboard categories as appropriate. ( 2 ) At tributary offices, this category includes intertoll switching equipment similar to that at toll center toll offices if it is used in the interconnection of: Tributary to tributary circuits; tributary to subtributary circuits; subtributary to subtributary circuits; toll center to subtributary circuits; or if it is used jointly in the interconnection of any of the aforementioned types of circuits and in the interconnection of such toll circuits with trunk circuits for the handling of traffic terminating in the tributary office. Where comparable equipment has no joint use but is used only for the handling of traffic terminating in the tributary office, it is included in the local switching equipment category. ( 3 ) At all switching entities, this category includes intertoll switching equipment similar to that at toll center toll offices if it is used in the interconnection of switched private line trunks or TWX switching plant trunks when these functions are in addition to the message telephone switching function. Switching entities wholly dedicated to switching of special services are assigned to Category 3—Local Switching Equipment. ( b ) The costs of central office equipment items assigned this category are to be directly assigned when possible. When direct assignment is not possible the costs shall be apportioned among the operations on the basis of the relative number of study area minutes of use of this equipment. ( c ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the average balance of Account 2210 to Category 2, Tandem Switching Equipment based on the relative percentage assignment of the average balance of Account 2210 (or, if Accounts 2211, 2212, and 2215 were required to be maintained at the applicable time, the average balances of Accounts 2211, 2212, and 2215) to Category 2, Tandem Switching Equipment during the twelve-month period ending December 31, 2000. ( d ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in Category 2, Tandem Switching Equipment, among the jurisdictions using the relative number of study area minutes of use, as specified in paragraph (b) of this section, for the twelve-month period ending December 31, 2000. Direct assignment of any subcategory of Category 2 Tandem Switching Equipment between jurisdictions shall be updated annually. [ 52 FR 17229 , May 6, 1987, as amended at 66 FR 33205 , June 21, 2001; 69 FR 12549 , Mar. 17, 2004; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36236 , June 26, 2014; 83 FR 63584 , Dec. 11, 2018] § 36.125 Local switching equipment—Category 3. ( a ) Local switching equipment is included in account 2210. It comprises all central office switching equipment not assigned other categories. Examples of local switching equipment are basic switching train, toll connecting trunk equipment, interlocal trunks, tandem trunks, terminating senders used for toll completion, toll completing train, call reverting equipment, weather and time of day service equipment, and switching equipment at electronic analog or digital remote line locations. Equipment used for the identification, recording and timing of customer dialed charge traffic, or switched private line traffic ( e.g. , transmitters, recorders, call identity indexers, perforators, ticketers, detectors, mastertimes) switchboards used solely for recording of calling telephone numbers in connection with customer dialed charge traffic, or switched private line traffic (or both) is included in this local switching category. Equipment provided and used primarily for operator dialed toll or customer dialed charge traffic except such equipment included in Category 2 Tandem Switching Equipment is also included in this local switching category. This includes such items as directors, translators, sender registers, out trunk selectors and facilities for toll intercepting and digit absorption. Special services switching equipment which primarily performs the switching function for special services ( e.g. , switching equipment, TWX concentrators and switchboards) is also included in this local switching category. ( 1 ) Local office, as used in § 36.125 , comprises one or more local switching entities of the same equipment type (e.g., step-by-step, No. 5 Crossbar) in an individual location. A local switching entity comprises that local central office equipment of the same type which has a common intermediate distributing frame, market group or other separately identifiable switching unit serving one or more prefixes (NNX codes). ( 2 ) A host/remote local switching complex is composed of an electronic analog or digital host office and all of its remote locations. A host/remote local switching complex is treated as one local office. The current jurisdictional definition of an exchange will apply. ( 3 ) Dial equipment minutes of use (DEM) is defined as the minutes of holding time of the originating and terminating local switching equipment. Holding time is defined in the Glossary. ( 4 ) The interstate allocation factor is the percentage of local switching investment apportioned to the interstate jurisdiction. ( 5 ) The interstate DEM factor is the ratio of the interstate DEM to the total DEM. A weighted interstate DEM factor is the product of multiplying a weighting factor, as defined in paragraph (f) of this section, to the interstate DEM factor. The state DEM factor is the ratio of the state DEM to the total DEM. ( b ) Beginning January 1, 1993, Category 3 investment for study areas with 50,000 or more access lines is apportioned to the interstate jurisdiction on the basis of the interstate DEM factor. Category 3 investment for study areas with 50,000 or more access lines is apportioned to the state jurisdiction on the basis of the state DEM factor. ( c ) - ( e ) [Reserved] ( f ) Beginning January 1, 1998, for study areas with fewer than 50,000 access lines, Category 3 investment is apportioned to the interstate jurisdiction by the application of an interstate allocation factor that is the lesser of either .85 or the sum of the interstate DEM factor specified in paragraph (a)(5) of this section, and the difference between the 1996 interstate DEM factor and the 1996 interstate DEM factor multiplied by a weighting factor as determined by the table below. The Category 3 investment that is not assigned to the interstate jurisdiction pursuant to this paragraph is assigned to the state jurisdiction. Number of access lines in service in study area Weighting factor 0-10,000 3.0 10,001-20,000 2.5 20,001-50,000 2.0 50,001-or above 1.0 ( g ) For purposes of this section, an access line is a line that does not include WATS access lines, special access lines or private lines. ( h ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the average balance of Account 2210 to Category 3, Local Switching Equipment, based on the relative percentage assignment of the average balance of Account 2210 (or, if Accounts 2211, 2212, and 2215 were required to be maintained at the applicable time, the average balances of Accounts 2211, 2212, and 2215) to Category 3, during the twelve-month period ending December 31, 2000. ( i ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in Category 3, Local Switching Equipment, among the jurisdictions using relative dial equipment minutes of use for the twelve-month period ending December 31, 2000. ( j ) If the number of a study area's access lines increases such that, under paragraph (f) of this section, the weighted interstate DEM factor for 1997 or any successive year would be reduced, that lowered weighted interstate DEM factor shall be applied to the study area's 1996 unweighted interstate DEM factor to derive a new local switching support factor. If the number of a study area's access lines decreases or has decreased such that, under paragraph (f) of this section, the weighted interstate DEM factor for 2010 or any successive year would be raised, that higher weighted interstate DEM factor shall be applied to the study area's 1996 unweighted interstate DEM factor to derive a new local switching support factor. [ 52 FR 17229 , May 6, 1987, as amended at 53 FR 33011 , 33012 , Aug. 29, 1988; 62 FR 32946 , June 17, 1997; 63 FR 2124 , Jan. 13, 1998; 66 FR 33205 , June 21, 2001; 69 FR 12549 , Mar. 17, 2004; 71 FR 65745 , Nov. 9, 2006; 75 FR 17874 , Apr. 8, 2010; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36236 , June 26, 2014; 83 FR 63585 , Dec. 11, 2018] § 36.126 Circuit equipment—Category 4. ( a ) For the purpose of this section, the term “Circuit Equipment” encompasses the Radio Systems and Circuit Equipment contained in Account 2230. It includes central office equipment, other than switching equipment and automatic message recording equipment, which is used to derive communications transmission channels or which is used for the amplification, modulation, regeneration, testing, balancing or control of signals transmitted over communications transmission channels. Examples of circuit equipment in general use include: ( 1 ) Carrier telephone system terminals. ( 2 ) Telephone repeaters, termination sets, impedance compensators, pulse link repeaters, echo suppressors and other intermediate transmission amplification and balancing equipment except that included in switchboards. ( 3 ) Radio transmitters, receivers, repeaters and other radio central office equipment except message switching equipment associated with radio systems. ( 4 ) Composite ringers, line signaling and switching pad circuits. ( 5 ) Concentration equipment. ( 6 ) Composite sets and repeating coils. ( 7 ) Program transmission amplifiers, monitoring devices and volume indicators. ( 8 ) Testboards, test desks, repair desks and patch bays, including those provided for test and control, and for transmission testing. ( b ) For apportionment among the operations, the cost of circuit equipment is assigned to the following subsidiary categories: ( 1 ) Exchange Circuit Equipment—Category 4.1. ( i ) Wideband Exchange Line Circuit Equipment—Category 4.11. ( ii ) Exchange Trunk Circuit Equipment (Wideband and Non-Wideband)—Category 4.12. ( iii ) Exchange Line Circuit Equipment Excluding Wideband—Category 4.13. ( 2 ) Interexchange Circuit Equipment—Category 4.2. ( i ) Interexchange Circuit Equipment Furnished to Another Company for Interstate Use—Category 4.21. ( ii ) Interexchange Circuit Equipment Used for Wideband Services including Satellite and Earth Station Equipment used for Wideband Service—Category 4.22. ( iii ) All Other Interexchange Circuit Equipment—Category 4.23. ( 3 ) Host/Remote Message Circuit Equipment—Category 4.3. ( 4 ) In addition, for the purpose of identifying and separating property associated with special services, circuit equipment included in Categories 4.12 (other than wideband equipment) 4.13 and 4.23 is identified as either basic circuit equipment, i.e., equipment that performs functions necessary to provide and operate channels suitable for voice transmission (telephone grade channels), or special circuit equipment, i.e., equipment that is peculiar to special service circuits. Carrier telephone terminals and carrier telephone repeaters are examples of basic circuit equipment in general use, while audio program transmission amplifiers, bridges, monitoring devices and volume indicators are examples of special circuit equipment in general use. Cost of exchange circuit equipment included in Categories 4.12 and 4.13 and the interexchange circuit equipment in Categories 4.21, 4.22 and 4.23 are segregated between basic circuit equipment and special circuit equipment only at those locations where amounts of interexchange and exchange special circuit equipment are significant. Where such segregation is not made, the total costs in these categories are classified as basic circuit equipment. ( 5 ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 , shall assign the average balance of Account 2230 to the categories/subcategories as specified in § 36.126(b)(1) through (b)(4) based on the relative percentage assignment of the average balance of Account 2230 (or, if Accounts 2231 and 2232 were required to be maintained at the applicable time, the average balances of Accounts 2231 and 2232) costs to these categories/subcategories during the twelve-month period ending December 31, 2000. ( 6 ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the average balance of Account 2230 to the categories/subcategories as specified in paragraphs (b)(1) through (4) of this section based on the relative percentage assignment of the average balance of Account 2230 (or, if Accounts 2231 and 2232 were required to be maintained at the applicable time, the average balances of Accounts 2231 and 2232) costs to these categories/subcategories during the twelve-month period ending December 31, 2000. ( c ) Apportionment of Exchange Circuit Equipment Among the Operations: ( 1 ) Wideband Exchange Line Circuit Equipment—Category 4.11—The cost of exchange circuit equipment in this category is determined separately for each wideband facility. The respective costs are allocated to the appropriate operation in the same manner as the related exchange line cable and wire facilities described in § 36.155 . ( 2 ) Exchange Trunk Circuit Equipment (Wideband and Non-Wideband)—Category 4.12—The cost of exchange circuit equipment associated with this category for the study area is allocated to the appropriate operation in the same manner as the related exchange trunk cable and wire facilities as described in § 36.155 . ( 3 ) Exchange Line Circuit Equipment Excluding Wideband—Category 4.13—The cost of Circuit Equipment associated with exchange line plant excluding wideband for the study area is assigned to subcategories and is allocated to the appropriate operation in the same manner as the related exchange line cable and wire facilities for non-wideband service as described in § 36.154 . ( 4 ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in the categories/subcategories, as specified in paragraphs (b)(1) through (4) of this section, among the jurisdictions using the relative use measurements or factors, as specified in paragraphs (c)(1) through (3) of this section for the twelve-month period ending December 31, 2000. Direct assignment of any subcategory of Category 4.1 Exchange Circuit Equipment to the jurisdictions shall be updated annually. ( d ) Apportionment of Interexchange Circuit Equipment among the Operations: Procedures to be Used by Interexchange Carriers. ( 1 ) Interexchange Circuit Equipment Furnished to Another Company for Interstate Use—Category 4.21—This category comprises that circuit equipment provided for the use of another company as an integral part of its interexchange circuit facilities used wholly for interstate services. This category includes such circuit equipment as telephone carrier terminals and microwave systems used wholly for interstate services. The total cost of the circuit equipment in this category for the study area is assigned to the interstate operation. ( 2 ) Interexchange Circuit Equipment Used for Wideband Service—Category 4.22—This category includes the circuit equipment portion of interexchange channels used for wideband services. The cost of interexchange circuit equipment in this category is determined separately for each wideband channel and is segregated between message and private line services on the basis of the use of the channels provided. The respective costs are allocated to the appropriate operation in the same manner as the related interexchange cable and wire facilities as described in § 36.156 . ( 3 ) All Other Interexchange Circuit Equipment—Category 4.23—This category includes the cost of all interexchange circuit equipment not assigned to Categories 4.21 and 4.22. Interexchange carriers shall freeze the allocation factors for Category 4.23 investment at levels reached on December 31, 1985, derived by using the procedures in effect at that time. On January 1, 1988, and thereafter, that frozen allocation factor shall be applied to each interexchange carrier's Category 4.23 investment to derive the interstate allocation. On January 1, 1988, and thereafter, the amount of investment allocated to the interstate jurisdiction will vary but the relative proportion of the total investment that is allocated to the interstate jurisdiction will remain frozen at 1985 levels. ( e ) Apportionment of Interexchange Circuit Equipment among the Operations: Procedures To Be Used by Exchange Carriers. ( 1 ) Interexchange Circuit Equipment Furnished to Another Company for Interstate Use Category—4.21—This category comprises that circuit equipment provided for the use of another company as an integral part of its interexchange circuit facilities used wholly for interstate services. This category includes such circuit equipment as telephone carrier terminals and microwave systems used wholly for interstate services. The total cost of the circuit equipment in this category for the study area is assigned to the interstate operation. ( 2 ) Interexchange Circuit Equipment Used for Wideband Service—Category 4.22—This category includes the circuit equipment portion of interexchange channels used for wideband services. The cost of interexchange circuit equipment in this category is determined separately for each wideband channel and is segregated between message and private line services on the basis of the use of the channels provided. The respective costs are allocated to the appropriate operation in the same manner as the related interexchange cable and wire facilities described in § 36.156 . ( 3 ) All Other Interexchange Circuit Equipment—Category 4.23—This category includes the cost of all interexchange circuit equipment not assigned to Categories 4.21 and 4.22. The cost of interexchange basic circuit equipment used for the following classes of circuits is included in this category: Jointly used message circuits, i.e. , message switching plant circuits carrying messages from the state and interstate operations; circuits used for state private line service; and circuits used for state private line services. ( i ) An average interexchange circuit equipment cost per equivalent interexchange telephone termination for all circuits is determined and applied to the equivalent interexchange telephone termination counts of each of the following classes of circuits: Private Line, State Private Line, Message. The cost of interstate private line circuits is assigned directly to the interstate operation. The cost of state private line circuits is assigned directly to the state operation. The cost of message circuits is apportioned between the state and interstate operations on the basis of the relative number of study area conversation-minutes applicable to such facilities. ( ii ) [Reserved] ( iii ) The cost of special circuit equipment is segregated among private line services based on an analysis of the use of the equipment and in accordance with § 36.126(b)(4) . The special circuit equipment cost assigned to private line services is directly assigned to the appropriate operations. ( 4 ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in the categories/subcategories specified in paragraphs (e)(1) through (3) of this section among the jurisdictions using relative use measurements or factors, as specified in paragraphs (e)(1) through (3) for the twelve-month period ending December 31, 2000. Direct assignment of any subcategory of Category 4.2 Interexchange Circuit Equipment to the jurisdictions shall be updated annually. ( f ) Apportionment of Host/Remote Message Circuit Equipment Among the Operations. ( 1 ) Host/Remote Message Circuit Equipment—Category 4.3. This category includes message host/remote location circuit equipment for which a message circuit switching function is performed at the host central office associated with cable and wire facilities as described in § 36.152(c) . ( i ) The category 4.3 cost of host/remote circuit equipment assigned to message services for the study area is apportioned among the exchange, intrastate toll, and interstate toll operations on the basis of the assignment of host/remote message cable and wire facilities as described in § 36.157 . ( ii ) [Reserved] ( 2 ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in the subcategory specified in paragraph (f)(1) of this section among the jurisdictions using the allocation factor, as specified in paragraph (f)(1)(i) of this section, for this subcategory for the twelve-month period ending December 31, 2000. Direct assignment of any Category 4.3 Host/Remote Message Circuit Equipment to the jurisdictions shall be updated annually. [ 52 FR 17229 , May 6, 1987, as amended at 53 FR 33012 Aug. 29, 1988; 66 FR 33205 , June 21, 2001; 69 FR 12550 , Mar. 17, 2004; 71 FR 65745 , Nov. 9, 2006; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36236 , June 26, 2014; 82 FR 48776 , Oct. 20, 2017; 83 FR 63585 , Dec. 11, 2018; 84 FR 4360 , Feb. 15, 2019] Information Origination/Termination (IOT) Equipment § 36.141 General. ( a ) Information Origination/Termination Equipment is maintained in Account 2310 and includes station apparatus, embedded customer premises wiring, large private branch exchanges, public telephone terminal equipment, and other terminal equipment. ( b ) The costs in Account 2310 shall be segregated between Other Information Origination/Termination Equipment—Category 1, and New Customer Premises Equipment—Category 2 by an analysis of accounting, engineering and other records. ( c ) Effective July 1, 2001, through December 31, 2024, local exchange carriers subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the average balance of Account 2310 to the categories, as specified in paragraph (b) of this section, based on the relative percentage assignment of the average balance of Account 2310 to these categories during the twelve-month period ending December 31, 2000. [ 52 FR 17229 , May 6, 1987, as amended at 66 FR 33206 , June 21, 2001; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014] § 36.142 Categories and apportionment procedures. ( a ) Other Information Origination/Termination Equipment—Category 1. This category includes the cost of other information origination/termination equipment not assigned to Category 2. The costs of other information origination/termination equipment are allocated pursuant to the factor that is used to allocate subcategory 1.3 Exchange Line C&WF. ( b ) Customer Premises Equipment—Category 2. This category includes the cost of Customer Premises Equipment that was detariffed pursuant to the Second Computer Inquiry decision. It shall be assigned to the state operations. ( c ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion costs in the categories, as specified in § 36.141(b) , among the jurisdictions using the relative use measurements or factors, as specified in paragraph (a) of this section, for the twelve-month period ending December 31, 2000. Direct assignment of any category of Information Origination/Termination Equipment to the jurisdictions shall be updated annually. [ 52 FR 17229 , May 6, 1987, as amended at 66 FR 33206 , June 21, 2001; 71 FR 65746 , Nov. 9, 2006; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014] Cable and Wire Facilities § 36.151 General. ( a ) Cable and Wire Facilities, Account 2410, includes the following types of communications plant in service: Poles and antenna supporting structures, aerial cable, underground cable, buried cable, submarine cable, deep sea cable, intrabuilding network cable, aerial wire and conduit systems. ( b ) For separations purposes, it is necessary to analyze the cable and wire facilities classified in subordinate records in order to determine their assignment to the categories listed in the following paragraphs. ( c ) In the separation of the cost of cable and wire facilities among the operations, the first step is the assignment of the facilities to certain categories. The basic method of making this assignment is the identification of the facilities assignable to each category and the determination of the cost of the facilities so identified. Because of variations among companies in the character of the facilities and operating conditions, and in the accounting and engineering records maintained, the detailed methods followed, of necessity, will vary among the companies. The general principles to be followed, however, will be the same for all companies. ( d ) The second step is the apportionment of the cost of the facilities in each category among the operations through the application of appropriate factors or by direct assignment. § 36.152 Categories of Cable and Wire Facilities (C&WF). ( a ) C&WF are basically divided between exchange and interexchange. Exchange C&WF consists of the following categories: ( 1 ) Exchange Line C&WF Excluding Wideband —Category 1—This category includes C&W facilities between local central offices and subscriber premises used for message telephone, private line, local channels, and for circuits between control terminals and radio stations providing very high frequency maritime service or urban or highway mobile service. ( 2 ) Wideband and Exchange Trunk C&WF—Category 2—This category includes all wideband, including Exchange Line Wideband and C&WF between local central offices and Wideband facilities. It also includes C&WF between central offices or other switching points used by any common carrier for interlocal trunks wholly within an exchange or metropolitan service area, interlocal trunks with one or both terminals outside a metropolitan service area carrying some exchange traffic, toll connecting trunks, tandem trunks principally carrying exchange traffic, the exchange trunk portion of WATS access lines, the exchange trunk portion of private line local channels, and the exchange trunk portion of circuits between control terminals and radio stations providing very high frequency maritime service or urban or highway mobile service. ( 3 ) The procedures for apportioning the cost of exchange cable and wire facilities among the operations are set forth in §§ 36.154 and 36.155 . ( b ) Interexchange C&WF—Category 3—This category includes the C&WF used for message toll and toll private line services. It includes cable and wire facilities carrying intertoll circuits, tributary circuits, the interexchange channel portion of special service circuits, circuits between control terminals and radio stations used for overseas or coastal harbor service, interlocal trunks between offices in the different exchange or metropolitan service areas carrying only message toll traffic and certain tandem trunks which carry principally message toll traffic. ( 1 ) The procedures for apportioning the cost of interexchange cable and wire facilities among the operations are set forth in § 36.156 . ( c ) Host/Remote Message C&WF—Category 4—This category includes the cost of message host/remote location C&WF for which a message circuit switching function is performed at the host central office. It applies to C&WF between host offices and all remote locations. The procedures for apportioning the cost of these facilities among the operations are set forth in § 36.157 . ( d ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the average balance of Account 2410 to the categories/subcategories, as specified in paragraph (a) through (c) of this section based on the relative percentage assignment of the average balance of Account 2410 to these categories/subcategories during the twelve-month period ending December 31, 2000. [ 52 FR 17229 , May 6, 1987, as amended at 66 FR 33206 , June 21, 2001; 71 FR 65746 , Nov. 9, 2006; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014] § 36.153 Assignment of Cable and Wire Facilities (C&WF) to categories. ( a ) Cable consists of: Aerial cable, underground cable, buried cable, submarine cable, deep sea cable and intrabuilding network cable. Where an entire cable or aerial wire is assignable to one category, its cost and quantity are, where practicable, directly assigned. ( 1 ) Cable. ( i ) There are two basic methods for assigning the cost of cable to the various categories. Both of them are on the basis of conductor cross section. The methods are as follows: ( A ) By section of cable, uniform as to makeup and relative use by categories. From an analysis of cable engineering and assignment records, determine in terms of equivalent gauge the number of pairs in use or reserved, for each category. The corresponding percentages of use, or reservation, are applied to the cost of the section of cable, i.e., sheath meters times unit cost per meter, to obtain the cost assignable to each category. ( B ) By using equivalent pair kilometers, i.e., pair kilometers expressed in terms of equivalent gauge. From an analysis of cable engineering and assignment records, determine the equivalent pair kilometers in use for each category by type of facility, e.g., quadded, paired. The equivalent pair kilometers are then divided by a cable fill factor to obtain the equivalent pair kilometers in plant. The total equivalent pair kilometers in plant assigned to each category is summarized by type of facility, e.g., quadded and paired, and priced at appropriate average unit costs per equivalent pair kilometer in plant. If desired, this study may be made in terms of circuit kilometers rather than physical pair kilometers, with average cost and fill data consistent with the basis of the facilities kilometer count. ( ii ) In the assignment of the cost of cable under the two basic methods described in § 36.153(a)(1)(i) consideration is given to the following: ( A ) Method (A) described in § 36.153(a)(1)(i)(A) will probably be found more desirable where there is a relatively small amount of cable of variable make-up and use by categories. Conversely, method (B) described in § 36.153(a)(1)(i)(B) will probably be more desirable where there is a large amount of cable of variable make-up and use by categories. However, in some cases a combination of both methods may be desirable. ( B ) It will be desirable in some cases to determine the amount assignable to a particular category by deducting from the total the sum of the amounts assigned to all other categories. ( C ) For use in the assignment of poles to categories, the equivalent sheath kilometers of aerial cable assigned to each category are determined. For convenience, these quantities are determined in connection with assignment of cable costs. ( D ) Where an entire cable is assignable to one category, its costs and quantity are, where practicable, directly assigned. ( iii ) For cables especially arranged for high-frequency transmission such as shielded, disc-insulated and coaxial, recognition is given to the additional costs which are charged to the high-frequency complement. ( 2 ) Cable Loading. ( i ) Methods for assigning the cost of loading coils, cases, etc., to categories are comparable with those used in assigning the associated cable to categories. Loading associated with cable which is directly assigned to a given category is also directly assigned. The remaining loading is assigned to categories in either of the following bases: ( A ) By an analysis of the use made of the loading facilities where a loading coil case includes coils assignable to more than one category, e.g., in the case of a single gauge uniformly loaded section, the percentage used in the related cable assignment are applicable, or ( B ) By pricing out each category by determining the pair meters of loaded pairs assigned to each category and multiplying by the unit cost per pair meter of loading by type. ( 3 ) Other Cable Plant. ( i ) In view of the small amounts involved, the cost of all protected terminals and gas pressure contactor terminals in the toll cable subaccounts is assigned to the appropriate Interexchange Cable & Wire Facilities categories. The cost of all other terminals in the exchange and toll cable subaccounts is assigned to Exchange Cable and Wire Facilities. ( b ) Aerial Wire. ( 1 ) The cost of wire accounted for as exchange is assigned to the appropriate Exchange Cable & Wire Facilities categories. The cost of wire accounted for as toll, which is used for exchange, is also assigned to the appropriate Exchange Cable & Wire Facilities categories. The cost of the remaining wire accounted for as toll is assigned to the appropriate Interexchange Cable & Wire Facilities categories as described in § 36.156 . For companies not maintaining exchange and toll subaccounts, it is necessary to review the plant records and identify wire plant by use. The cost of wire used for providing circuits directly assignable to a category is assigned to that category. The cost of wire used for providing circuit facilities jointly used for exchange and interexchange lines is assigned to categories on the basis of the relative number of circuit kilometers involved. ( c ) Poles and Antenna Supporting Structures. ( 1 ) In the assignment of these costs, anchors, guys, crossarms, antenna supporting structure, and right-of-way are included with the poles. ( 2 ) Poles. (i) The cost of poles is assigned to categories based on the ratio of the cost of poles to the total cost of aerial wire and aerial cable. ( d ) Conduit Systems. ( 1 ) The cost of conduit systems is assigned to categories on the basis of the assignment of the cost of underground cable. [ 53 FR 17229 , May 6, 1987, as amended at 53 FR 33012 , Aug. 29, 1988; 58 FR 44905 , Aug. 25, 1993] § 36.154 Exchange Line Cable and Wire Facilities (C&WF)—Category 1—apportionment procedures. ( a ) Exchange Line C&WF—Category 1. The first step in apportioning the cost of exchange line cable and wire facilities among the operations is the determination of an average cost per working loop. This average cost per working loop is determined by dividing the total cost of exchange line cable and wire Category 1 in the study area by the sum of the working loops described in subcategories listed below. The subcategories are: Subcategory 1.1—State Private Lines and State WATS Lines. This subcategory shall include all private lines and WATS lines carrying exclusively state traffic as well as private lines and WATS lines carrying both state and interstate traffic if the interstate traffic on the line involved constitutes ten percent or less of the total traffic on the line. Subcategory 1.2—Interstate private lines and interstate WATS lines. This subcategory shall include all private lines and WATS lines that carry exclusively interstate traffic as well as private lines and WATS lines carrying both state and interstate traffic if the interstate traffic on the line involved constitutes more than ten percent of the total traffic on the line. Subcategory 1.3—Subscriber or common lines that are jointly used for local exchange service and exchange access for state and interstate interexchange services. ( b ) The costs assigned to subcategories 1.1 and 1.2 shall be directly assigned to the appropriate jurisdiction. ( c ) Effective January 1, 1986, 25 percent of the costs assigned to subcategory 1.3 shall be allocated to the interstate jurisdiction. ( d ) - ( f ) [Reserved] ( g ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Subcategory 1.3 Exchange Line C&WF among the jurisdictions as specified in paragraph (c) of this section. Direct assignment of subcategory Categories 1.1 and 1.2 Exchange Line C&WF to the jurisdictions shall be updated annually as specified in paragraph (b) of this section. [ 52 FR 17229 , May 6, 1987, as amended at 53 FR 33012 , Aug. 29, 1988; 54 FR 31033 , July 26, 1989; 66 FR 33206 , June 21, 2001; 67 FR 17014 , Apr. 9, 2002; 71 FR 65746 , Nov. 9, 2006; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014; 83 FR 63585 , Dec. 11, 2018] § 36.155 Wideband and exchange trunk (C&WF)—Category 2—apportionment procedures. ( a ) The cost of C&WF applicable to this category shall be directly assigned where feasible. If direct assignment is not feasible, cost shall be apportioned between the state and interstate jurisdictions on the basis of the relative number of minutes of use. ( b ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Category 2 Wideband and exchange trunk C&WF among the jurisdictions using the relative number of minutes of use, as specified in paragraph (a) of this section, for the twelve-month period ending December 31, 2000. Direct assignment of any Category 2 equipment to the jurisdictions shall be updated annually. [ 52 FR 17229 , May 6, 1987, as amended at 66 FR 33206 , June 21, 2001; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014] § 36.156 Interexchange Cable and Wire Facilities (C&WF)—Category 3—apportionment procedures. ( a ) An average interexchange cable and wire facilities cost per equivalent interexchange telephone circuit kilometer for all circuits in Category 3 is determined and applied to the equivalent interexchange telephone circuit kilometer counts of each of the classes of circuits. ( b ) The cost of C&WF applicable to this category shall be directly assigned where feasible. If direct assignment is not feasible, cost shall be apportioned between the state and interstate jurisdiction on the basis of conversation-minute kilometers as applied to toll message circuits, etc. ( c ) Effective July 1, 2001, through December 31, 2024, all study areas shall directly assign Category 3 Interexchange Cable and Wire Facilities C&WF where feasible. All study areas shall apportion the non-directly assigned costs in Category 3 equipment to the jurisdictions using the relative use measurements, as specified in paragraph (b) of this section, during the twelve-month period ending December 31, 2000. [ 58 FR 44905 , Aug. 25, 1993, as amended at 66 FR 33206 , June 21, 2001; 71 FR 65746 , Nov. 9, 2006; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014] § 36.157 Host/remote message Cable and Wire Facilities (C&WF)—Category 4—apportionment procedures. ( a ) Host/Remote Message C&WF—Category 4. The cost of host/remote C&WF used for message circuits, i.e., circuits carrying only message traffic, is included in this category. ( 1 ) The cost of host/remote message C&WF excluding WATS closed end access lines for the study area is apportioned on the basis of the relative number of study area minutes-of-use kilometers applicable to such facilities. ( 2 ) The cost of host/remote message C&WF used for WATS closed end access for the study area is directly assigned to the appropriate jurisdiction. ( b ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Category 4 Host/Remote message Cable and Wire Facilities C&WF among the jurisdictions using the relative number of study area minutes-of-use kilometers applicable to such facilities, as specified in paragraph (a)(1) of this section, for the twelve-month period ending December 31, 2000. Direct assignment of any Category 4 equipment to the jurisdictions shall be updated annually. [ 52 FR 17229 , May 6, 1987, as amended at 58 FR 44905 , Aug. 25, 1993; 66 FR 33206 , June 21, 2001; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014] Amortizable Assets § 36.161 Tangible assets—Account 2680. ( a ) Tangible Assets, Account 2680 includes the costs of property acquired under capital leases and the original cost of leasehold improvements. ( b ) The costs of capital leases are apportioned among the operations based on similar plant owned or by analysis. ( c ) The cost of leasehold improvements are apportioned among the operations in direct proportion to the costs of the related primary account. § 36.162 Intangible assets—Account 2690. ( a ) Intangible Assets, Account 2690 includes the costs of organizing and incorporating the company, franchises, patent rights, and other intangible property having a life of more than one year. ( b ) The amount included in this account is apportioned among the operations on the basis of the separation of the cost of Telecommunications Plant In Service, Account 2001, excluding the Intangible Assets, Account 2690. Telecommunications Plant—Other § 36.171 Property held for future telecommunications use—Account 2002; Telecommunications plant under construction—Account 2003; and Telecommunications plant adjustment—Account 2005. The amounts carried in Accounts 2002, 2003, and 2005 are apportioned among the operations on the basis of the apportionment of Account 2001, Telecommunications Plant in Service. [ 60 FR 12138 , Mar. 6, 1995] Rural Telephone Bank Stock § 36.172 Other noncurrent assets—Account 1410. ( a ) The amounts carried in this account shall be separated into subsidiary record categories: ( 1 ) Class B RTB Stock and ( 2 ) All other. ( b ) The amounts contained in category (2) all other of § 36.172(a)(2) , shall be excluded from part 36 jurisdictional separations. ( c ) The amounts contained in category (1) Class B RTB stock of § 36.172(a)(1) , shall be allocated based on the relative separations of Account 2001, Telephone Plant in Service. [ 52 FR 17229 , May 6, 1987, as amended at 53 FR 33012 , Aug. 29, 1988] Material and Supplies and Cash Working Capital § 36.181 Material and supplies—Account 1220. ( a ) The amount included in Account 1220 is apportioned among the operations on the basis of the apportionment of the cost of cable and wire facilities in service. Any amounts included in Account 1220 associated with the Customer Premises portion of Account 2310 equipment, shall be excluded from the amounts which are allocated to the interstate operation. § 36.182 Cash working capital. ( a ) The amount for cash working capital, if not determined directly for a particular operation, is apportioned among the operations on the basis of total expenses less non-cash expense items. Equal Access Equipment § 36.191 Equal access equipment. ( a ) Equal access investment includes only initial incremental expenditures for hardware and other equipment related directly to the provision of equal access which would not be required to upgrade the capabilities of the office involved absent the provision of equal access. Equal access investment is limited to such expenditures for converting central offices which serve competitive interexchange carriers or where there has been a bona fide request for conversion to equal access. ( b ) Equal access investment is first segregated from all other amounts in the primary accounts. ( c ) The equal access investment determined in this manner is allocated between the jurisdictions on the basis of relative state and interstate equal access traffic including interstate interLATA equal access traffic, intrastate interLATA equal access traffic, and BOC interstate corridor toll traffic as well as AT&T and OCC intraLATA equal access usage. Local exchange traffic and BOC intraLATA toll traffic is excluded. In the case of independent telephone companies, intrastate toll service provided by the independent local exchange company is excluded in determining intrastate usage, but intrastate toll service provided by long distance carriers affiliated with the local exchange company is included. ( d ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Equal Access Equipment, as specified in paragraph (a) of this section, among the jurisdictions using the relative state and interstate equal access traffic, as specified in paragraph (c) of this section, for the twelve-month period ending December 31, 2000. [ 52 FR 17229 , May 6, 1987, as amended at 53 FR 33012 , Aug. 29, 1988; 66 FR 33206 , June 21, 2001; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014] Subpart C—Operating Revenues and Certain Income Accounts General § 36.201 Section arrangement. This subpart is arranged in sections as follows: General 36.202 Operating Revenues 36.211 Basic local services revenue—Account 5000 36.212 Network Access Revenues—Accounts 5081 thru 5083 36.213 Long Distance Message Revenue—Account 5100 36.214 Miscellaneous Revenue—Account 5200 36.215 Uncollectible Revenue—Account 5300 36.216 Certain Income Accounts: Other Operating Income and Expenses—Account 7100 36.221 Nonoperating Income and Expenses—Account 7300 36.222 Interest and Related Items—Account 7500 36.223 Extraordinary Items—Account 7600 36.224 Income Effect of Jurisdictional Ratemaking Differences—Account 7910 36.225 [ 69 FR 12550 , Mar. 17, 2004, as amended at 83 FR 63585 , Dec. 11, 2018] § 36.202 General. ( a ) This section sets forth procedures for the apportionment among the operations of operating revenues and certain income and expense accounts. ( b ) Except for the Network Access Revenues, subsidiary record categories are maintained for all revenue accounts in accordance with the requirements of part 32. These subsidiary records identify services for the appropriate jurisdiction and will be used in conjunction with apportionment procedures stated in this manual. [ 52 FR 17299 , May 6, 1987, as amended at 69 FR 12550 , Mar. 17, 2004] Operating Revenues § 36.211 General. Operating revenues are included in the following accounts: Account title Account No. Basic Local Service Revenue 5000 Network Access Revenues: End User Revenue 5081 Switched Access Revenue 5082 Special Access Revenue 5083 Long Distance Message Revenue 5100 Miscellaneous Revenue 5200 Uncollectible Revenue 5300 [ 69 FR 12550 , Mar. 17, 2004, as amended at 83 FR 63585 , Dec. 11, 2018] § 36.212 Basic local services revenue—Account 5000. ( a ) Local private line revenues from broadcast program transmission audio services and broadcast program transmission video services are assigned to the interstate operation. ( b ) Revenues that are attributable to the origination or termination of interstate FX or CCSA like services shall be assigned to the interstate jurisdiction. ( c ) Wideband Message Service revenues from monthly and miscellaneous charges, service connections, move and change charges, are apportioned between state and interstate operations on the basis of the relative number of minutes-of-use in the study area. Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Wideband Message Service revenues among the jurisdictions using the relative number of minutes of use for the twelve-month period ending December 31, 2000. ( d ) All other revenues in this account are assigned to the exchange operation based on their subsidiary record categories or on the basis of analysis and studies. [ 52 FR 17229 , May 6, 1987, as amended at 66 FR 33206 , June 21, 2001; 71 FR 65746 , Nov. 9, 2006; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014] § 36.213 Network access services revenues. ( a ) End User Revenue—Account 5081. Revenues in this account are directly assigned on the basis of analysis and studies. ( b ) Switched Access Revenue—Account 5082. Revenues in this account are directly assigned on the basis of analysis and studies. ( c ) Special Access Revenue—Account 5083. Revenues in this account are directly assigned on the basis of analysis and studies. [ 52 FR 17299 , May 6, 1987, as amended at 69 FR 12550 , Mar. 17, 2004] § 36.214 Long distance message revenue—Account 5100. ( a ) Wideband message service revenues from monthly and miscellaneous charges, service connections, move and change charges, are apportioned between state and interstate operations on the basis of the relative number of minutes-of-use in the study area. Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Wideband Message Service revenues among the jurisdictions using the relative number of minutes of use for the twelve-month period ending December 31, 2000. ( b ) Long Distance private line service revenues from broadcast program transmission audio services and broadcast program transmission video services are assigned to the interstate operation. ( c ) All other revenues in this account are directly assigned based on their subsidiary record categories or on the basis of analysis and studies. [ 52 FR 17229 , May 6, 1987, as amended at 66 FR 33206 , June 21, 2001; 71 FR 65746 , Nov. 9, 2006; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36237 , June 26, 2014] § 36.215 Miscellaneous revenue—Account 5200. ( a ) Directory revenues are assigned to the exchange operation. ( b ) Billing and collection revenues are assigned on the basis of services being provided. ( c ) All other revenues are apportioned on the basis of analysis. § 36.216 Uncollectible revenue—Account 5300. The amounts in this account are apportioned among the operations on the basis of analysis during a representative period of the portion of Account 1171, Allowance for doubtful accounts, related to telecommunications billing. [ 69 FR 12551 , Mar. 17, 2004] Certain Income Accounts § 36.221 Other operating income and expenses—Account 7100. ( a ) Amounts relating to translation in foreign exchange differentials are assigned to the interstate operations. ( b ) All other amounts are apportioned based on Telecommunications Plant in Service, Account 2001, if plant related, or on the nature of the item reflected in the account, if not plant related. § 36.222 Nonoperating income and expenses—Account 7300. ( a ) Only allowance for funds used during construction, and charitable, social and community welfare contributions are considered in this account for separations purposes. ( b ) Subsidiary record categories should be maintained for this account that include identification of amounts made to the account for ( 1 ) credits representing allowance for funds used during construction and ( 2 ) contributions for charitable, social or community welfare purposes, employee activities, membership dues and fees in service clubs, community welfare association and similar organizations. ( c ) The portion reflecting allowance for funds used during construction is apportioned on the basis of the cost of Telecommunications Plant Under Construction—Account 2003. The portion reflecting costs for social and community welfare contributions and fees is apportioned on the basis of the apportionment of corporate operations expenses. [ 52 FR 17229 , May 6, 1987, as amended at 60 FR 12138 , Mar. 6, 1995] § 36.223 Interest and related items—Account 7500. ( a ) Only interest paid relating to capital leases is considered in this account for separations purposes. Subsidiary Record Categories should be maintained for this account that include details relating to interest expense on capital leases. Such interest expense is apportioned on a basis consistent with the associated capital leases in Account 2680. § 36.224 Extraordinary items—Account 7600. ( a ) Amounts in this account of an operating nature are apportioned on a basis consistent with the nature of these items. § 36.225 Income effect of jurisdictional ratemaking differences—Account 7910. ( a ) Amounts in this account are directly assigned to the appropriate jurisdiction. Subpart D—Operating Expenses and Taxes General § 36.301 Section arrangement. This subpart is arranged in sections as follows: General 36.301 and 36.302. Plant Specific Operations Expenses: General 36.310. Network Support/General Support Expenses—Accounts 6110 and 6120 36.311. Central Office Expenses—Accounts 6210, 6220, 6230 36.321. Information Origination/Termination Expenses—Account 6310 36.331. Cable and Wire Facilities Expenses—Account 6410 36.341. Plant Nonspecific Operations Expenses: General 36.351. Other Property Plant and Equipment Expenses—Account 6510 36.352. Network Operations Expenses—Account 6530 36.353. Access Expenses—Account 6540 36.354. Depreciation and Amortization Expenses—Account 6560 36.361. Customer Operations Expenses: General 36.371. Marketing—Account 6610 36.372. Services—Account 6620 36.373. Telephone Operator Services 36.374. Published Directory Listing 36.375. All Other 36.376. Category 1—Local Bus. Office Expense 36.377. Category 2—Customer Services (Revenue Accounting) 36.378. Message Processing Expense 36.379. Other Billing and Collecting Expense 36.380. Carrier Access Charge Billing and Collecting Expense 36.381. Category 3—All other Customer Service Expense 36.382. Corporate Operations Expenses: General 36.391. General and Administrative Expenses—Account 6720 36.392. Operating Taxes—Account 7200 36.411 and 36.412. Equal Access Expenses 36.421. [ 69 FR 12551 , Mar. 17, 2004, as amended at 83 FR 63585 , Dec. 11, 2018] § 36.302 General. ( a ) This section sets forth procedures for the apportionment among the operations of operating expenses and operating taxes. ( b ) As covered in § 36.2 (c) and (d) , the treatment of expenses relating to plant furnished to and obtained from others under rental arrangements is consistent with the treatment of such plant. ( c ) In accordance with requirements in part 32 § 32.5999 (f) expenses recorded in the expense accounts are segregated in the accounting process among the following subsidiary record categories as appropriate to each account: Salaries and Wages Benefits Rents Other Expenses Clearances ( 1 ) Subsidiary Record Categories (SRCs) for Salaries and Wages, Benefits and Other Expenses are applicable to all of the expense accounts except for: ( i ) SRCs for access expenses are maintained to identify interstate and state access expense and billing and collection expense for carrier's carrier. ( ii ) Depreciation and Amortization Expense SRCs identify the character of the items contained in the account. ( 2 ) SRCs for Rents and Clearance are only applicable to the Plant Specific Operating Expense accounts 6110 thru 6410. [ 52 FR 17229 , May 6, 1987, as amended at 83 FR 63586 , Dec. 11, 2018] Plant Specific Operations Expenses § 36.310 General. ( a ) Plant specific operations expenses include the following accounts: Table 1 to Paragraph (a) Network Support Expenses Account 6110. General Support Expenses Account 6120. Central Office Switching Expenses Account 6210. Operator System Expenses Account 6220. Central Office Transmission Expenses Account 6230. Information Origination/Termination Expenses Account 6310. Cable and Wire Facilities Expenses Account 6410. ( b ) These accounts are used to record costs related to specific kinds of telecommunications plant and predominantly mirror the telecommunications plant in service detail accounts. Accordingly, these expense accounts will generally be apportioned in the same manner as the related plant accounts. ( c ) Except where property obtained from or furnished to other companies is treated as owned property by the company making the separation, and the related operating rents are excluded from the separation studies as set forth in § 36.2 (c) and (d) , amounts are apportioned among the operations on bases generally consistent with the treatment prescribed for similar plant costs and consistent with the relative magnitude of the items involved. [ 52 FR 17229 , May 6, 1987, as amended at 53 FR 33012 , Aug. 29, 1988; 69 FR 12551 , Mar. 17, 2004; 83 FR 63586 , Dec. 11, 2018] Network Support/General Support Expenses § 36.311 Network Support/General Support Expenses—Accounts 6110 and 6120. ( a ) Network Support Expenses are expenses associated with motor vehicles, aircraft, special purpose vehicles, garage work equipment, and other work equipment. General Support Expenses are expenses associated with land and buildings, furniture and artworks, office equipment, and general purpose computers. ( b ) The expenses in these account are apportioned among the operations on the basis of the separation of account 2110, Land and Support Assets. Central Office Expenses § 36.321 Central office expenses—Accounts 6210, 6220, and 6230. ( a ) The expenses related to central office equipment are summarized in the following accounts: Table 1 to Paragraph ( a ) Central Office Switching Expense Account 6210. Operator Systems Expense Account 6220. Central Office Transmission Expense Account 6230. ( b ) The expenses in these accounts are apportioned among the operations on the basis of the separation of the investments in central office equipment—Accounts 2210, 2220 and 2230, combined. [ 52 FR 17229 , May 6, 1987, as amended at 69 FR 12552 , Mar. 17, 2004; 83 FR 63586 , Dec. 11, 2018] Information Origination/Termination Expenses § 36.331 Information origination/termination expenses—Account 6310. ( a ) The expenses in this account are classified as follows: ( 1 ) Other Information Origination/Termination Equipment Expenses; Customer Premises Equipment Expenses ( 2 ) For some companies, these classifications are available from accounting records; for others, they are obtained by means of analyses of plant, accounting or other records for a representative period. ( b ) Other Information Origination/Termination Equipment Expenses include all expenses not associated with Customer Premises Equipment expenses. These expenses shall be apportioned between state and interstate operations in accordance with the apportionment of the related investment as per § 36.142(a) . ( c ) Expenses related to Customer Premises Equipment shall be assigned to the state operations. [ 52 FR 17229 , May 6, 1987, as amended at 53 FR 33012 , Aug. 29, 1988] Cable and Wire Facilities Expenses § 36.341 Cable and wire facilities expenses—Account 6410. ( a ) This account includes the expenses for poles, antenna supporting structures, aerial cable, underground cable, buried cable, submarine cable, deep sea cable, intrabuilding network cable, aerial wire, and conduit systems. ( b ) The general method of separating cable and wire facilities expenses amoung the operations is to assign them on the basis of Account 2410—Cable and Wire Facilities. Plant Nonspecific Operations Expenses § 36.351 General. Plant nonspecific operations expenses include the following accounts: Table 1 to § 36.351 Other Property Plant and Equipment Expenses Account 6510. Network Operations Expenses Account 6530. Access Expenses Account 6540. Depreciation and Amortization Expenses Account 6560. [ 83 FR 63586 , Dec. 11, 2018] Plant Expenses—Other § 36.352 Other property plant and equipment expenses—Account 6510. ( a ) This account is used to record the expenses associated with ( 1 ) property held for future telecommunications use and ( 2 ) the provisioning of material and supplies. ( b ) The expenses in this account are apportioned among the operations based on the separation of Account 2001—Telecommunications Plant in Service. Network Operations Expenses § 36.353 Network operations expenses—Account 6530. ( a ) This account includes the expenses associated with the provisions of power, network administration, testing, plant operations administration, and engineering. ( b ) The expenses in this account are apportioned among the operations based on the separations of Account 2210, Central Office Switching, Account 2220 Operator Systems, Account 2230 Central Office Transmission, Account 2310, Information Origination/Termination and Account 2410, Cable and Wire Facilities, Combined. § 36.354 Access expenses—Account 6540. ( a ) This account includes access charges paid to exchange carriers for exchange access service. These are directly assigned to the appropriate jurisdiction based on subsidiary record categories or on analysis and study. Depreciation and Amortization Expenses § 36.361 Depreciation and amortization expenses—Account 6560. ( a ) This account includes the depreciation expenses for telecommunications plant in service and for property held for future telecommunications use. It also includes the amortization expense for tangible and intangible asserts. ( b ) Expenses recorded in this account shall be separated on the basis of the separation of the associated primary Plant Accounts or related categories. Customer Operations Expenses § 36.371 General. Customer Operations Expenses are included in the following accounts: Marketing Account 6610. Services Account 6620. [ 69 FR 12552 , Mar. 17, 2004, as amended at 83 FR 63587 , Dec. 11, 2018] § 36.372 Marketing—Account 6610. The expenses in this account are apportioned among the operations on the basis of an analysis of current billing for a representative period, excluding current billing on behalf of others and billing in connection with intercompany settlements. Effective July 1, 2001, through December 31, 2024, all study areas shall apportion expenses in this account among the jurisdictions using the analysis during the twelve-month period ending December 31, 2000. [ 79 FR 36238 , June 26, 2014] § 36.373 Services—Account 6620. ( a ) For apportionment purposes, the expenses in this account are first segregated on the basis of an analysis of job functions into the following classifications: Telephone operator services: publishing directory listing; and all other. ( 1 ) Expenses may be apportioned among the operations for groups of exchanges. A group of exchanges may include all exchanges in the study area. § 36.374 Telephone operator services. ( a ) Expenses in this classification include costs incurred for operators in call completion service and number services. This includes intercept, quoting rates, directory information, time charges, and all other operator functions performed in the central office, private branch exchange, teletypewriter exchange, and at public telephone stations. ( b ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the Telephone operator expense classification based on the relative percentage assignment of the balance of Account 6620 to this classification during the twelve-month period ending December 31, 2000. ( c ) Expenses in this classification are apportioned among the operations on the basis of the relative number of weighted standard work seconds as determined by analysis and study for a representative period. ( d ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Telephone operator expenses among the jurisdictions using the relative number of weighted standard work seconds, as specified in paragraph (c) of this section, during the twelve-month period ending December 31, 2000. [ 52 FR 17229 , May 6, 1987, as amended at 66 FR 33207 , June 21, 2001; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36238 , June 26, 2014] § 36.375 Published directory listing. ( a ) This classification includes expenses for preparing or purchasing, compiling and disseminating directory listings. ( b ) Published directory expense is assigned as follows: ( 1 ) Classified directory expense and all expense of soliciting advertising is assigned to the exchange operation. ( 2 ) The expense of alphabetical and street address directories and traffic information records is apportioned among the operations on the basis of the relative number of study area subscriber line minutes-of-use applicable to each operation. ( 3 ) The expense associated with directories and traffic information records prepared for one locality and used in another locality is known as “foreign directories expense.” Such expense is assigned to the appropriate operation on the basis of the location of the point where used with respect to the locality for which the directories and records were prepared. ( 4 ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the classifications, as specified in paragraphs (b)(1) through (3) of this section, based on the relative percentage assignment of the balance of Account 6620 to these classifications during the twelve-month period ending December 31, 2000. ( 5 ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Published directory listing expenses using the underlying relative use measurements, as specified in paragraphs (b)(1) through (3) of this section, during the twelve-month period ending December 31, 2000. Direct assignment of any Publishing directory listing expense to the jurisdictions shall be updated annually. [ 52 FR 17229 , May 6, 1987, as amended at 66 FR 33207 , June 21, 2001; 71 FR 65746 , Nov. 9, 2006; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36238 , June 26, 2014; 83 FR 63587 , Dec. 11, 2018] § 36.376 All other. ( a ) For apportionment purposes this classification must be divided into three categories: ( 1 ) Category 1—Local Business Office Expense. ( 2 ) Category 2—Customer Services Expense. ( 3 ) Category 3—All Other Customer Services Expense. § 36.377 Category 1—Local business office expense. ( a ) The expense in this category for the area under study is first segregated on the basis of an analysis of job functions into the following subcategories: End user service order processing; end user payment and collection; end user billing inquiry; interexchange carrier service order processing; interexchange carrier payment and collection; interexchange carrier billing inquiry; and coin collection and administration. Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the subcategories, as specified in this paragraph (a) , based on the relative percentage assignment of the balance of Account 6620 to these categories/subcategories during the twelve-month period ending December 31, 2000. ( 1 ) End-user service order processing includes expenses related to the receipt and processing of end users' orders for service and inquiries concerning service. This subcategory does not include any service order processing expenses for services provided to the interexchange carriers. End user service order processing expenses are first segregated into the following subcategories based on the relative number of actual contacts which are weighted, if appropriate, to reflect differences in the average work time per contact: Local service order processing; presubscription; directory advertising; State private line and special access; interstate private line and special access; other State message toll including WATS; other interstate message toll including WATS. ( i ) Local service order processing expense (primarily local telephone service orders) is assigned to the State jurisdiction. ( ii ) Presubscription service order processing expense is assigned to the interstate jurisdiction. ( iii ) Directory advertising service order processing expense is assigned to the State jurisdiction. ( iv ) State private line and special access service order processing expense is assigned to the State jurisdiction. ( v ) Interstate private line and special access service order processing expense is assigned to the interstate jurisdiction. ( vi ) Other State message toll including WATS service order processing expense is assigned to the State jurisdiction. ( vii ) Other Interstate message toll including WATS service order processing expense is assigned to the interstate jurisdiction. ( viii ) [Reserved] ( ix ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the categories/subcategories, as specified in paragraphs (a)(1)(i) through (viii) of this section, based on the relative percentage assignment of the balance of Account 6620 to these categories/subcategories during the twelve-month period ending December 31, 2000. Effective July 1, 2001, through December 31, 2024, all study areas shall apportion TWX service order processing expense, as specified in paragraph (a)(1)(viii) of this section among the jurisdictions using relative billed TWX revenues for the twelve-month period ending December 31, 2000. All other subcategories of End-user service order processing expense, as specified in paragraphs (a)(1)(i) through (viii) shall be directly assigned. ( 2 ) End user payment and collection includes expenses incurred in relation to the payment and collection of amounts billed to end users. It also includes commissions paid to payment agencies (which receive payment on customer accounts) and collection agencies. This category does not include any payment or collection expenses for services provided to interexchange carriers. End user payment and collection expenses are first segregated into the following subcategories based on relative total state and interstate billed revenues (excluding revenues billed to interexchange carriers and/or revenues deposited in coin boxes) for services for which end user payment and collection is provided: State private line and special access; interstate private line and special access; State message toll including WATS; interstate message toll including WATS, and interstate subscriber line charge; local, including directory advertising. ( i ) State private line and special access payment and collection expense is assigned to the State jurisdiction. ( ii ) Interstate private line and special access payment and collection expense is assigned to the interstate jurisdiction. ( iii ) State message toll including WATS payment and collection expense is assigned to the State jurisdiction. ( iv ) Interstate message toll including WATS and interstate subscriber line charge payment and collection expense is assigned to the interstate jurisdiction. ( v ) Local, including directory advertising payment and collection expense is assigned to the State jurisdiction. ( vi ) [Reserved] ( vii ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the subcategories, as specified in paragraphs (a)(2)(i) through (vi) of this section, based on the relative percentage assignment of the balance of Account 6620 to these categories/subcategories during the twelve-month period ending December 31, 2000. All other subcategories of End User payment and collection expense, as specified in paragraphs (a)(2)(i) through (v) of this section, shall be directly assigned. ( 3 ) End user billing inquiry includes expenses related to handling end users' inquiries concerning their bills. This category does not include expenses related to the inquiries of interexchange carriers concerning their bills. End user billing inquiry costs are first segregated into the following subcategories based on the relative number of actual contracts, weighted if appropriate, to reflect differences in the average work time per contact: State private line and special access; interstate private line and special access; State message toll including WATS, interstate message toll including WATS, interstate subscriber line charge; and other. ( i ) State private line and special access billing inquiry expense is directly assigned to the State jurisdiction. ( ii ) Interstate private line and special access billing inquiry expense is directly assigned to the interstate jurisdiction. ( iii ) State message toll including WATS billing inquiry expense is directly assigned to the State jurisdiction. ( iv ) Interstate message toll including WATS, and interstate subscriber line charge billing inquiry expense is directly assigned to the interstate jurisdiction. ( v ) [Reserved] ( vi ) Other billing inquiry expense (primarily related to local bills but also including directory advertising) is directly assigned to the State jurisdiction. ( vii ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the subcategories, as specified in paragraphs (a)(3)(i) through (vi) of this section, based on the relative percentage assignment of the balance of Account 6620 to these subcategories during the twelve-month period ending December 31, 2000. All other subcategories of End user billing inquiry expense, as specified in paragraphs (a)(2)(i) through (vi) shall be directly assigned. ( 4 ) Interexchange carrier service order processing includes expenses associated with the receipt and processing of interexchange carrier orders for service and inquiries about service. Interexchange carrier service order processing expenses are assigned to the following subcategories based on the relative number of actual contacts which are weighted, if appropriate, to reflect differences in the average work time per contact: State special access and private line; interstate special access and private line; State switched access and message toll including WATS; interstate switched access and message toll including WATS; State billing and collection; and interstate billing and collection. ( i ) State special access and private line service order processing expense is directly assigned to the State jurisdiction. ( ii ) Interstate special access and private line service order processing expense is directly assigned to the interstate jurisdiction. ( iii ) State switched access and message toll including WATS service order processing expense is directly assigned to the State jurisdiction. ( iv ) Interstate switched access and message toll including WATS service order processing expense is directly assigned to the interstate jurisdiction. ( v ) State billing and collection service order processing expense is directly assigned to the state jurisdiction. ( vi ) Interstate billing and collection service order processing expense is directly assigned to the interstate jurisdiction. ( vii ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the subcategories, as specified in paragraphs (a)(4)(i) through (vi) of this section, based on the relative percentage assignment of the balance of Account 6620 to these subcategories during the twelve-month period ending December 31, 2000. All subcategories of Interexchange carrier service order processing expense, as specified in paragraphs (a)(2)(i) through (vi), shall be directly assigned. ( 5 ) Interexchange carrier payment and collection includes expenses associated with the payment and collection of interexchange carrier billings, including commissions paid to payment and collection agents. Interexchange carrier payment and collection expenses are assigned to the following subcategories based on relative total State and interstate revenues billed to the interexchange carriers: State special access and private line; interstate special access and private line; State switched access and message toll including WATS; interstate switched access and message toll including WATS; State billing and collection; and interstate billing and collection. ( i ) State special access and private line payment and collection expense is directly assigned to the State jurisdiction. ( ii ) Interstate special access and private line payment and collection expense is directly assigned to the interstate jurisdiction. ( iii ) State switched access and message toll including WATS payment and collection expense is directly assigned to the State jurisdiction. ( iv ) Interstate switched access and message toll including WATS payment and collection expense is directly assigned to the interstate jurisdiction. ( v ) State billing and collection payment and collection expense is directly assigned to the State jurisdiction. ( vi ) Interstate billing and collection payment and collection expense is directly assigned to the interstate jurisdiction. ( vii ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the subcategories, as specified in paragraphs (a)(5)(i) through (vi) of this section, based on the relative percentage assignment of the balance of Account 6620 to these subcategories during the twelve-month period ending December 31, 2000. All subcategories of Interexchange carrier payment expense, as specified in paragraphs (a)(2)(i) through (vi) shall be directly assigned. ( 6 ) Interexchange carrier billing inquiry includes expenses related to the handling of interexchange carrier billing inquiries. Interexchange carrier billing inquiry expenses are assigned to the following subcategories based on the relative number of actual contacts, weighted if appropriate, to reflect differences in the average work time per contact: State special access and private line; interstate special access and private line; State switched access and message toll including WATS; interstate switched access and message toll including WATS; State billing and collection; and interstate billing and collection. ( i ) State special access and private line billing inquiry expenses is directly assigned to the State jurisdiction. ( ii ) Interstate special access and private line billing inquiry expense is directly assigned to the interstate jurisdiction. ( iii ) State switched access and message toll including WATS billing inquiry expense is directly assigned to the State jurisdiction. ( iv ) Interstate switched access and message toll including WATS billing inquiry expense is directly assigned to the interstate jurisdiction. ( v ) State billing and collection billing inquiry expense is directly assigned to the State jurisdiction. ( vi ) Interstate Billing and Collection billing inquiry expense is directly assigned to the interstate jurisdiction. ( vii ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the subcategories, as specified in paragraphs (a)(6)(i) through (vi) of this section, based on the relative percentage assignment of the balance of Account 6620 to these subcategories during the twelve-month period ending December 31, 2000. All subcategories of Interexchange carrier billing inquiry expense, as specified in paragraphs (a)(2)(i) through (vi), shall be directly assigned. ( 7 ) [Reserved] ( b ) [Reserved] [ 52 FR 17229 , May 6, 1987, as amended at 66 FR 33207 , June 21, 2001; 71 FR 65746 , Nov. 9, 2006; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36238 , June 26, 2014; 83 FR 63587 , Dec. 11, 2018] § 36.378 Category 2—Customer services (revenue accounting). ( a ) The Revenue Accounting proportion of Account 6620 expenses comprise the salaries and other expenses in Account 6620 directly assignable or allocable to the billing of customers and the accounting for revenues, including the supervision of such work. ( b ) Revenue Accounting expenses for the study area are separated on the basis of a Job Function analysis into three main classifications: Message processing expense, other billing and collecting expense, and carrier access charge billing and collecting expense. ( 1 ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the classifications, as specified in paragraph (b) of this section, based on the relative percentage assignment of the balance of Account 6620 to those classifications during the twelve-month period ending December 31, 2000. ( 2 ) [Reserved] ( c ) The term “ticket” denotes either a ticket prepared manually by an operator or the mechanized equivalent of such a ticket processed by the revenue accounting office. [ 52 FR 17229 , May 6, 1987, as amended at 66 FR 33208 , June 21, 2001; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36239 , June 26, 2014] § 36.379 Message processing expense. ( a ) This classification includes the salary and machine expense of data processing equipment, including supervision, general accounting administrative and miscellaneous expense associated with the processing of individual toll tickets and local message tickets. ( b ) The expense assigned to this classification is divided into the subcategories Toll Ticket Processing Expense and Local Message Processing Expense on the basis of the relative number of messages. Toll Ticket Processing Expense is allocated between the State and interstate jurisdiction on the basis of the relative number of toll messages. Local Message Processing Expense is assigned to the exchange operation. ( 1 ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the subcategories, as specified in this paragraph (b) , based on the relative percentage assignment of the balance of Account 6620 to those subcategories during the twelve-month period ending December 31, 2000. ( 2 ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Toll Ticketing Processing Expense among the jurisdictions using the relative number of toll messages for the twelve-month period ending December 31, 2000. Local Message Process Expense is assigned to the state jurisdiction. [ 52 FR 17229 , May 6, 1987, as amended at 66 FR 33208 , June 21, 2001; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36239 , June 26, 2014] § 36.380 Other billing and collecting expense. ( a ) This classification includes the salary expense, including supervision, general accounting administrative, and miscellaneous expense, associated with the preparation of customer bills other than carrier access charge bills and with other revenue accounting functions not covered in § 36.379 . Included in this classification are the expenses incurred in the preparation of monthly bills, initial and final bills, the application of service orders to billing records (establishing, changing, or discontinuing customers' accounts), station statistical work, controlling record work and the preparation of revenue reports. ( b ) Local exchange carriers that bill or collect from end users on behalf of interexchange carriers shall allocate one third of the expenses assigned this classification to the interstate jurisdiction, and two thirds of the expenses assigned this classification to the state jurisdiction. ( c ) Local exchange carriers that do not bill or collect from end users on behalf of interexchange carriers shall allocate five percent of the expenses assigned this classification to the interstate jurisdiction, and ninety-five percent of the expenses assigned this classification to the state jurisdiction. ( d ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the Other billing and collecting expense classification based on the relative percentage assignment of the balance of Account 6620 to those subcategory during the twelve-month period ending December 31, 2000. ( e ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Other billing and collecting expense among the jurisdictions using the allocation factor utilized, pursuant to paragraph (b) or (c) of this section, for the twelve-month period ending December 31, 2000. [ 53 FR 33011 , Aug. 29, 1988, as amended at 62 FR 15416 , Apr. 1, 1997; 66 FR 33208 , June 21, 2001; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36239 , June 26, 2014] § 36.381 Carrier access charge billing and collecting expense. ( a ) This classification includes the revenue accounting functions associated with the billing and collecting of access charges to interexchange carriers. ( b ) Of access charges other than end user common line access charges are assessed for the origination or termination of intrastate services in a particular state, one-half of such expense shall be apportioned to interstate operations. If no such access charges are assessed in a particular state, all such expense shall be assigned to interstate operations. ( c ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to the Carrier access charge billing and collecting expense classification based on the relative percentage assignment of the balance of Account 6620 to that classification during the twelve-month period ending December 31, 2000. ( d ) Effective July 1, 2001, through December 31, 2024, all study areas shall apportion Carrier access charge billing and collecting expense among the jurisdictions using the allocation factor, pursuant to paragraph (b) of this section, for the twelve-month period ending December 31, 2000. [ 52 FR 17229 , May 6, 1987, as amended at 66 FR 33208 , June 21, 2001; 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36239 , June 26, 2014] § 36.382 Category 3—All other customer services expense. ( a ) Effective July 1, 2001, through December 31, 2024, study areas subject to price cap regulation, pursuant to § 61.41 of this chapter , shall assign the balance of Account 6620-Services to this category based on the relative percentage assignment of the balance of Account 6620 to this category during the twelve-month period ending December 31, 2000. ( b ) Category 3 is apportioned on the basis of Categories 1 and 2. [ 66 FR 33208 , June 21, 2001, as amended at 75 FR 30301 , June 1, 2010; 76 FR 30841 , May 27, 2011; 79 FR 36239 , June 26, 2014] Corporate Operations Expense § 36.391 General. Corporate Operations Expenses are included in the following account: General and Administrative Account 6720. [ 69 FR 12552 , Mar. 17, 2004] § 36.392 General and administrative—Account 6720. ( a ) These expenses are divided into two categories: ( 1 ) Extended Area Services (EAS). ( 2 ) All other. ( b ) Extended Area Services (EAS) settlements are directly assigned to the exchange operation. ( c ) The expenses in this account are apportioned among the operations on the basis of the separation of the cost of the combined Big Three Expenses which include the following accounts: Table 1 to Paragraph ( c ) Plant Specific Expenses Central Office Switching Expenses Account 6210. Operators Systems Expenses Account 6220. Central Office Transmission Expenses Account 6230. Information Origination/Termination Expenses Account 6310. Cable and Wire Facilities Expense Account 6410. Plant Non-Specific Expenses Network Operations Expenses Account 6530. Customer Operations Expenses Marketing Account 6610. Services Account 6620. [ 52 FR 17229 , May 6, 1987, as amended at 69 FR 12552 , Mar. 17, 2004; 83 FR 63587 , Dec. 11, 2018] Operating Taxes § 36.411 Operating taxes—Account 7200. This account includes the taxes arising from the operations of the company, i.e.: ( a ) Operating Investment Tax Credits. ( b ) Operating Federal Income Taxes. ( c ) Operating State and Local Income Taxes. ( d ) Operating Other Taxes. ( e ) Provision for Deferred Operating Income Taxes. [ 83 FR 63587 , Dec. 11, 2018] § 36.412 Apportionment procedures. ( a ) For apportionment purposes, the expenses in this account are segregated into two groups as follows: ( 1 ) Operating Federal, State and local income taxes and ( 2 ) all other operating taxes. ( b ) Operating Federal, State and local income taxes are apportioned among the operations on the basis of the approximate net taxable income (positive or negative) applicable to each of the operations. The approximate net taxable income from each of the operations is the summation of the following amounts apportioned to each operation by means of the procedures set forth in this Manual: ( 1 ) Operating revenues, ( 2 ) Less operating expenses, ( 3 ) Less operating taxes except the net income tax being apportioned and except any other tax not treated as a deductible item in the determination of taxable net income for this purpose. ( 4 ) Less operating fixed charges. ( i ) The amount of fixed charges attributable to the operations is obtained by subtracting the tax component (positive or negative) attributable to other than the operating fixed charges, i.e., fixed charges on non-operating investments are that proportion of total fixed charges which non-operating net investments are of total operating and non-operating net investments. ( ii ) Operating fixed charges including interest on Rural Telephone Bank Stock are apportioned among the operations on the basis of the separation of the cost of telephone plant less appropriate reserves. ( c ) Other operating taxes should be directly assigned to the appropriate jurisdiction where possible, e.g., Local Gross Receipts may be directly identified as applicable to one jurisdiction. Where direct assignment is not feasible, these expenses should be apportioned among the operations on the basis of the separation of the cost of Telecommunications Plant in Service—Account 2001. Equal Access Expenses § 36.421 Equal access expenses. ( a ) Equal access expenses include only initial incremental pre-subscription costs and other initial incremental expenditures related directly to the provision of equal access, that would not be required to upgrade the capabilities of the office involved absent the provision of equal access. Equal access expenses are limited to such expenditures for converting central offices that serve competitive interexchange carriers or where there has been a bona fide request for conversion to equal access. ( b ) Equal access expenses are apportioned between the jurisdictions by first segregating them from all other expenses in the primary accounts and then allocating them on the same basis as equal access investment. Subpart E—Reserves and Deferrals § 36.501 General. For separations purposes, reserves and deferrals include the following accounts: Other Jurisdictional Assets—Net Account 1500. Accumulated Depreciation Account 3100. Accumulated Depreciation—Property Held for Future Telecommunications Use Account 3200. Accumulated Amortization—Capital Leases Account 3400. Net Current Deferred Operating Income Taxes Account 4100. Net Noncurrent Deferred Operating Income Taxes Account 4340. Other Jurisdictional Liabilities and Deferred Credits—Net Account 4370. [ 69 FR 12553 , Mar. 17, 2004, as amended at 83 FR 63587 , Dec. 11, 2018] § 36.502 Other jurisdictional assets—Net—Account 1500. ( a ) Amounts in this account are separated based upon analysis of the specific items involved. § 36.503 Accumulated depreciation—Account 3100. ( a ) Amounts recorded in this account shall be separated on the basis of the separation of the associated primary Plant Accounts or related categories, excluding amortizable assets. § 36.504 Accumulated depreciation—Property held for future telecommunications use—Account 3200. ( a ) Amounts in this account are apportioned among the operations on the basis of the separation of the costs of the related items carried in Account 2002—Property Held for Future Telecommunications Use. § 36.505 Accumulated amortization—Tangible—Account 3400. Amounts in these accounts are apportioned among the operations on the basis of the separation of the related accounts. [ 52 FR 17229 , May 6, 1987, as amended at 83 FR 63587 , Dec. 11, 2018] § 36.506 Net current deferred operating income taxes—Account 4100, Net noncurrent deferred operating income taxes—Account 4340. ( a ) Amounts in these accounts are maintained by plant account and are apportioned among the operations on the basis of the separations of the related plant accounts. § 36.507 Other jurisdictional liabilities and deferred credits—Net—Account 4370. ( a ) Amounts in this account are separated based upon an analysis of the specific items involved. Subparts F-G [Reserved] Appendix to Part 36—Glossary The descriptions of terms in this glossary are broad and have been prepared to assist in understanding the use of such terms in the separation procedures. Terms which are defined in the text of this part are not included in this glossary. Access Line A communications facility extending from a customer's premises to a serving central office comprising a subscriber line and, if necessary, a trunk facility, e.g., a WATS access line. Book Cost The cost of property as recorded on the books of a company. Cable Fill Factor The ratio of cable conductor or cable pair kilometers in use to total cable conductor or cable pair kilometers available in the plant, e.g., the ratio of revenue producing cable pair kilometers in use to total cable pair kilometers in plant. Category A grouping of items of property or expense to facilitate the apportionment of their costs among the operations and to which, ordinarily, a common measure of use is applicable. Central Office A switching unit, in a telephone system which provides service to the general public, having the necessary equipment and operations arrangements for terminating and interconnecting subscriber lines and trunks or trunks only. There may be more than one central office in a building. Channel An electrical path suitable for the transmission of communications between two or more points, ordinarily between two or more stations or between channel terminations in Telecommunication Company central offices. A channel may be furnished by wire, fiberoptics, radio or a combination thereof. Circuit A fully operative communications path established in the normal circuit layout and currently used for message, WATS access, or private line services. Circuit Kilometers The route kilometers or revenue producing circuits in service, determined by measuring the length in terms of kilometers, of the actual path followed by the transmission medium. Common Channel Network Signaling Channels between switching offices used to transmit signaling information independent of the subscribers' communication paths or transmission channels. Complement (of cable) A group of conductors of the same general type (e.g., quadded, paired) within a single cable sheath. Complex All groups of operator positions, wherever located, associated with the same call distribution and/or stored program control unit. Concentration Equipment Central office equipment whose function is to concentrate traffic from subscriber lines onto a lesser number of circuits between the remotely located concentration equipment and the serving central office concentration equipment. This concentration equipment is connected to the serving central office line equipment. Connection—Minute The product of (a) the number of messages and, (b) the average minutes of connection per message. Conversation—Minute The product of (a) the number of messages and, (b) the average minutes of conversation per message. Conversation—Minute—Kilometers The product of (a) the number of messages, (b) the average minutes of conversation per message and (c) the average route kilometers of circuits involved. Cost The cost of property owned by the Telephone Company whose property is to be apportioned among the operations. This term applies either to property costs recorded on the books of the company or property costs determined by other evaluation methods. Current Billing The combined amount of charges billed, excluding arrears. Customer Dialed Charge Traffic Traffic which is both (a) handled to completion through pulses generated by the customer and (b) for which either a message unit change, bulk charge or message toll charge is except for that traffic recorded by means of message registers. Customer Premises Equipment Items of telecommunications terminal equipment in Accounts 2310 referred to as CPE in § 64.702 of the Federal Communication Commission's Rules adopted in the Second Computer Inquiry such as telephone instruments, data sets, dialers and other supplemental equipment, and PBX's which are provided by common carriers and located on customer premises and inventory included in these accounts to be used for such purposes. Excluded from this classification are similar items of equipment located on telephone company premises and used by the company in the normal course of business as well as over voltage protection equipment, customer premises wiring, coin operated public or pay telephones, multiplexing equipment to deliver multiple channels to the customer, mobile radio equipment and transmit earth stations. Customer Premises Wire The segment of wiring from the customer's side of the protector to the customer premises equipment. DSA Board A local dial office switchboard at which are handled assistance calls, intercepted calls and calls from miscellaneous lines and trunks. It may also be employed for handling certain toll calls. DSB Board A switchboard of a dial system for completing incoming calls received from manual offices. Data Processing Equipment Office equipment such as that using punched cards, punched tape, magnetic or other comparable storage media as an operating vehicle for recording and processing information. Includes machines for transcribing raw data into punched cards, etc., but does not include such items as key-operated, manually or electrically driven adding, calculating, bookkeeping or billing machines, typewriters or similar equipment. Dial Switching Equipment Switching equipment actuated by electrical impulses generated by a dial or key pulsing arrangement. Equal Access Costs Include only initial incremental presubscription costs and initial incremental expenditures for hardware and software related directly to the provision of equal access which would not be required to upgrade the switching capabilities of the office involved absent the provisions of equal access. Equivalent Gauge A standard cross section of cable conductors for use in equating the metallic content of cable conductors of all gauge to a common base. Equivalent Kilometers of 104 Wire The basic units employed in the allocation of pole lines costs for determining the relative use made of poles by aerial cables and by aerial wire conductors of various sizes. This unit reflects the relative loads of such cable and wire carried on poles. Equivalent Pair Kilometers The product of sheath Kilometers and the number of equivalent gauge pairs of conductors in a cable. Equivalent Sheath Kilometers The product of (a) the length of a section of cable in kilometers (sheath kilometers) and (b) the ratio of the metallic content applicable to a particular group of conductors in the cable (e.g., conductors assigned to a category) to the metallic content of all conductors in the cable. Exchange Transmission Plant This is a combination of (a) exchange cable and wire facilities (b) exchange central office circuit equipment, including associated land and buildings and (c) information origination/termination equipment which forms a complete channel. Holding Time The time in which an item of telephone plant is in actual use either by a customer or an operator. For example, on a completed telephone call, holding time includes conversation time as well as other time in use. At local dial offices any measured minutes which result from other than customer attempts to place calls (as evidenced by the dialing of at least one digit) are not treated as holding time. Host Central Office An electronic analog or digital base switching unit containing the central call processing functions which service the host office and its remote locations. Information Origination/Termination Equipment Equipment used to input into or receive output from the telecommunications network. Interexchange Channel A circuit which is included in the interexchange transmission equipment. Interexchange Transmission Equipment The combination of (a) interexchange cable and wire facilities, (b) interexchange circuit equipment and, (c) associated land and buildings. Interlocal Trunk A circuit between two local central office units, either manual or dial. Interlocal trunks may be used for either exchange or toll traffic or both. Intertoll Circuits Circuits between toll centers and circuits between a toll center and a tandem system in a different toll center area. Local Channel The portion of a private line circuit which is included in the exchange transmission plant. However, common usage of this term usually excludes information origination/termination equipment. Local Office A central office serving primarily as a place of termination for subscriber lines and for providing telephone service to the subscribers on these lines. Loop A pair of wires, or its equivalent, between a customer's station and the central office from which the station is served. Message A completed call, i.e., a communication in which a conversation or exchange of information took place between the calling and called parties. Message Service or Message Toll Service Switched service furnished to the general public (as distinguished from private line service). Except as otherwise provided, this includes exchange switched services and all switched services provided by interexchange carriers and completed by a local telephone company's access services, e.g., MTS, WATS, Execunet, open-end FX and CCSA/ONALs. Message Units Unit of measurement used for charging for measured message telephone exchange traffic within a specified area. Metropolitan Service Area The area around and including a relatively large city and in which substantially all of the message telephone traffic between the city and the suburban points within the area is classified as exchange in one or both directions. Minutes-of-Use A unit of measurement expressed as either holding time or conversation time. Minutes-of-Use-Kilometers The product of (a) the number of minutes-of-use and (b) the average route kilometers of circuits involved. Multi-Center Exchange An exchange area in which are located two or more local central office buildings or wire centers. Operations The term denoting the general classifications of services rendered to the public for which separate tariffs are filed, namely exchange, state toll and interstate toll. Operator Trunks A general term, ordinarily applied to trunks between manually operated switchboard positions and local dial central offices in the same wire center. Private Line Service A service for communications between specified locations for a continuous period or for regularly recurring periods at stated hours. Remote Access Line An access line (e.g., for WATS service) between a subscriber's premises in one toll rate center and a serving central office located in a different toll rate center. Remote Line Location A remotely located subscriber line access unit which is normally dependent upon the central processor of the host office for call processing functions. Remote Trunk Arrangement (RTA) Arrangement that permits the extension of TSPS functions to remote locations. Reservation That amount or quantity of property kept or set apart for a specific use. Reserved Kept or set apart for a specific use. Separations The process by which telecommunication property costs, revenues, expenses, taxes and reserves are apportioned among the operations. Service Observing Unit A unit of work measurement which is used as the common denominator to express the relative time required for handling the various work functions at service observing boards. Sheath Kilometers The actual length of cable in route kilometers. Special Services All services other than message telephones, e.g., private line services. Station-to-Station Basis The term applied to the basis of toll rate making which contemplates that the message toll service charge (telephone) covers the use made of all facilities between the originating station and the terminating station, including the stations, and the services rendered in connection therewith. Study Area Study area boundaries shall be frozen as they are on November 15, 1984. Subscriber Line or Exchange Line A communication channel between a telephone station or PBX station and the central office which serves it. Subtributary Office A class of tributary office which does not have direct access to its toll center, but which is connected to its toll center office by means of circuits which are switched through to the toll center at another tributary office. Tandem Area The general areas served by the local offices having direct trunks to or from the tandem office. This area may consist of one or more communities or may include only a portion of a relatively large city. Tandem Circuit or Trunk A general classification of circuits or trunks between a tandem central office unit and any other central office or switchboard. Tandem Connection A call switched at a tandem office. Tandem Office A central office unit used primarily as an intermediate switching point for traffic between local central offices within the tandem area. Where qualified by a modifying expression, or other explanation, this term may be applied to an office employed for both the interconnection of local central offices within the tandem area and for the interconnection of these local offices with other central offices, e.g., long haul tandem office. Toll Center An office (or group of offices) within a city which generally handles the originating and incoming toll traffic for that city to or from other toll center areas and which handles through switched traffic. The toll center normally handles the inward toll traffic for its tributary exchanges and, in general, either handles the outward traffic originating at its tributaries or serves as the outlet to interexchange circuits for outward traffic ticketed and timed at its tributaries. Toll centers are listed as such in the Toll Rate and Route Guide. Toll Center Area The areas served by a toll center, including the toll center city and the communities served by tributaries of the toll center. Toll Center Toll Office A toll office (as contrasted to a local office) in a toll center city. Toll Circuit A general term applied to interexchange trunks used primarily for toll traffic. Toll Connecting Trunk A general classification of trunks carrying toll traffic and ordinarily extending between a local office and a toll office, except trunks classified as tributary circuits. Examples of toll connecting trunks include toll switching trunks, recording trunks and recording-completing trunks. Toll Office A central office used primarily for supervising and switching toll traffic. Traffic Over First Routes A term applied to the routing of traffic and denoting routing via principal route for traffic between any two points as distinguished from alternate routes for such traffic. Operator System A stored program electronic system associated with one or more toll switching systems which provides centralized traffic service position functions for several local offices at one location. Tributary Circuit A circuit between a tributary office and a toll switchboard or intertoll dialing equipment in a toll center city. Tributary Office A local office which is located outside the exchange in which a toll center is located, which has a different rate center from its toll center and which usually tickets and times only a part of its originating toll traffic, but which may ticket or time all or none, of such traffic. The toll center handles all outward traffic not ticketed and timed at the tributary and normally switches all inward toll traffic from outside the tributary's toll center to the tributary. Tributary offices are indicated as such in the Toll Rate and Route Guide. Trunks Circuit between switchboards or other switching equipment, as distinguished from circuits which extend between central office switching equipment and information origination/termination equipment. TSPS Complex All groups of operator positions, wherever located, associated with the same TSPS stored program control units. Weighted Standard Work Second A measurement of traffic operating work which is used to express the relative time required to handle the various kinds of calls or work functions, and which is weighted to reflect appropriate degrees of waiting to serve time. Wide Area Telephone Service WATS A toll service offering for customer dial type telecommunications between a given customer station and stations within specified geographic rate areas employing a single access line between the customer location and the serving central office. Each access line may be arranged for either outward (OUT-WATS) or inward (IN-WATS) service or both. Wideband Channel A communication channel of a bandwidth equivalent to twelve or more voice grade channels. Working Loop A revenue producing pair of wires, or its equivalent, between a customer's station and the central office from which the station is served. [ 71 FR 65747 , Nov. 9, 2006] [ 1 ] The Commission has determined that the same jurisdictional separations used in the contiguous states are to be used for Alaska, Hawaii, Puerto Rico and the Virgin Islands. Integration of Rates and Services, Docket No. 21263, 87 FCC 2nd 18 (1981); Integration of Rates and Services, Docket No. 21264, 72 FCC 2nd 699 (1979).
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PART 18—INDUSTRIAL, SCIENTIFIC, AND MEDICAL EQUIPMENT Authority: 47 U.S.C. 154 , 301 , 302 , 303 , 304 , 307 . Source: 50 FR 36067 , Sept. 5, 1985, unless otherwise noted. Subpart A—General Information § 18.101 Basis and purpose. The rules in this part, in accordance with the applicable treaties and agreements to which the United States is a party, are promulgated pursuant to section 302 of the Communications Act of 1934, as amended, vesting the Federal Communications Commission with authority to regulate industrial, scientific, and medical equipment (ISM) that emits electromagnetic energy on frequencies within the radio frequency spectrum in order to prevent harmful interference to authorized radio communication services. This part sets forth the conditions under which the equipment in question may be operated. § 18.107 Definitions. ( a ) Radio frequency (RF) energy. Electromagnetic energy at any frequency in the radio spectrum from 9 kHz to 3 THz (3,000 GHz). ( b ) Harmful interference. Interference which endangers the functioning of a radionavigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunication service operating in accordance with this chapter. ( c ) Industrial, scientific, and medical (ISM) equipment. Equipment or appliances designed to generate and use locally RF energy for industrial, scientific, medical, domestic or similar purposes, excluding applications in the field of telecommunication. Typical ISM applications are the production of physical, biological, or chemical effects such as heating, ionization of gases, mechanical vibrations, hair removal and acceleration of charged particles. ( d ) Industrial heating equipment. A category of ISM equipment used for or in connection with industrial heating operations utilized in a manufacturing or production process. ( e ) Medical diathermy equipment. A category of ISM equipment used for therapeutic purposes, not including surgical diathermy apparatus designed for intermittent operation with low power. ( f ) Ultrasonic equipment. A category of ISM equipment in which the RF energy is used to excite or drive an electromechanical transducer for the production of sonic or ultrasonic mechanical energy for industrial, scientific, medical or other noncommunication purposes. ( g ) Consumer ISM equipment. A category of ISM equipment used or intended to be used by the general public in a residential environment, notwithstanding use in other areas. Examples are domestic microwave ovens, jewelry cleaners for home use, ultrasonic humidifiers. ( h ) ISM frequency. A frequency assigned by this part for the use of ISM equipment. A specified tolerance is associated with each ISM frequency. See § 18.301 . ( i ) Marketing. As used in this part, marketing shall include sale or lease, offer for sale or lease, advertising for sale or lease, the import or shipment or other distribution for the purpose of sale or lease or offer for sale or lease. See subpart I of part 2 of this chapter . ( j ) Magnetic resonance equipment. A category of ISM equipment in which RF energy is used to create images and data representing spatially resolved density of transient atomic resources within an object. Note: In the foregoing, sale (or lease) shall mean sale (or lease) to the user or a vendor who in turn sells (or leases) to the user. Sale shall not be construed to apply to devices sold to a second party for manufacture or fabrication into a device which is subsequently sold (or leased) to the user. [ 50 FR 36067 , Sept. 5, 1985, as amended at 59 FR 39472 , Aug. 3, 1994] § 18.109 General technical requirements. ISM equipment shall be designed and constructed in accordance with good engineering practice with sufficient shielding and filtering to provide adequate suppression of emissions on frequencies outside the frequency bands specified in § 18.301 . § 18.111 General operating conditions. ( a ) Persons operating ISM equipment shall not be deemed to have any vested or recognizable right to the continued use of any given frequency, by virtue of any prior equipment authorization and/or compliance with the applicable rules. ( b ) Subject to the exceptions in paragraphs (c) and (d) of this section and irrespective of whether the equipment otherwise complies with the rules in this part, the operator of ISM equipment that causes harmful interference to any authorized radio service shall promptly take whatever steps may be necessary to eliminate the interference. ( c ) The provisions of paragraph (b) of this section shall not apply in the case of interference to an authorized radio station or a radiocommunication device operating in an ISM frequency band. ( d ) The provisions of paragraph (b) of this section shall not apply in the case of interference to a receiver arising from direct intermediate frequency pickup by the receiver of the fundamental frequency emissions of ISM equipment operating in an ISM frequency band and otherwise complying with the requirements of this part. § 18.113 Inspection by Commission representatives. Upon request by a representative of the Commission the manufacturer, owner, or operator of any ISM equipment shall make the equipment available for inspection and promptly furnish the Commission with such information as may be required to indicate that the equipment complies with this part. § 18.115 Elimination and investigation of harmful interference. ( a ) The operator of ISM equipment that causes harmful interference to radio services shall promptly take appropriate measures to correct the problem. ( b ) If the operator of ISM equipment is notified by the Commission's Regional Director that operation of such equipment is endangering the functioning of a radionavigation or safety service, the operator shall immediately cease operating the equipment. Operation may be resumed on a temporary basis only for the purpose of eliminating the harmful interference. Operation may be resumed on a regular basis only after the harmful interference has been eliminated and approval from the Regional Director obtained. ( c ) When notified by the Regional Director that a particular installation is causing harmful interference, the operator or manufacturer shall arrange for an engineer skilled in techniques of interference measurement and control to make an investigation to ensure that the harmful interference has been eliminated. The Regional Director may require the engineer making the investigation to furnish proof of his or her qualifications. [ 50 FR 36067 , Sept. 5, 1985, as amended at 80 FR 53750 , Sept. 8, 2015] § 18.117 Report of interference investigation. ( a ) An interim report on investigations and corrective measures taken pursuant to § 18.115 of this part shall be filed with the Regional Director of the local FCC office within 30 days of notification of harmful interference. The final report shall be filed with the Regional Director within 60 days of notification. ( b ) The date for filing the final report may be extended by the Regional Director when additional time is required to put into effect the corrective measures or to complete the investigation. The request for extension of time shall be accompanied by a progress report showing what has been accomplished to date. [ 80 FR 53750 , Sept. 8, 2015] § 18.121 Exemptions. Non-consumer ultrasonic equipment, and non-consumer magnetic resonance equipment, that is used for medical diagnostic and monitoring applications is subject only to the provisions of §§ 18.105 , 18.109 through 18.119 , 18.301 and 18.303 of this part . [ 59 FR 39472 , Aug. 3, 1994; 60 FR 47302 , Sept. 12, 1995] Subpart B—Applications and Authorizations § 18.201 Scope. This subpart contains the procedures and requirements for authorization to market or operate ISM equipment under this part. § 18.203 Equipment authorization. ( a ) Consumer ISM equipment, unless otherwise specified, must be authorized under either the Supplier's Declaration of Conformity or the certification procedure prior to use or marketing. An application for certification shall be filed with a Telecommunication Certification Body (TCB), pursuant to the relevant sections in part 2, subpart J of this chapter . ( b ) Consumer ultrasonic equipment generating less than 500 watts and operating below 90 kHz, and non-consumer ISM equipment shall be subject to Supplier's Declaration of Conformity, in accordance with the relevant sections of part 2, subpart J of this chapter . ( c ) Grants of equipment authorization issued, as well as on-site certifications performed, before March 1, 1986, remain in effect and no further action is required. [ 82 FR 50834 , Nov. 2, 2017] § 18.207 Technical report. When required by the Commission a technical report shall include at least the following information: ( a ) A description of the measurement facilities in accordance with § 2.948 . If such a description is already on file with the Commission, it may be included by reference. ( b ) A copy of the installation and operating instructions furnished to the user. A draft copy of such instructions may be submitted with the application, provided a copy of the actual document to be furnished to the user is submitted as soon as it is available, but no later than 60 days after the grant of the application. ( c ) The full name and mailing address of the manufacturer of the device and/or applicant filing for the equipment authorization. ( d ) The FCC Identifier, trade name(s), and/or model number(s) under which the equipment is or will be marketed. ( e ) A statement of the rated technical parameters that includes: ( 1 ) A block and schematic diagram of the circuitry. ( 2 ) Nominal operating frequency. ( 3 ) Maximum RF energy generated. ( 4 ) Electrical power requirements of equipment. ( 5 ) Any other pertinent operating characteristics. ( f ) A report of measurements, including a list of the measuring equipment used, and a statement of the date when the measuring equipment was last calibrated and when the measurements were made. The frequency range that was investigated in obtaining the report of measurements shall be indicated. See also §§ 18.309 and 18.311 . [ 50 FR 36067 , Sept. 5, 1985, as amended at 63 FR 36603 , July 7, 1998] § 18.209 Identification of authorized equipment. Each device for which a grant of equipment authorization is issued under this part shall be identified pursuant to the applicable provisions of subpart J of part 2 of this chapter . [ 82 FR 50834 , Nov. 2, 2017] § 18.211 Multiple listing of equipment. ( a ) When the same or essentially the same equipment will be marketed under more than one FCC Identifier, equipment authorization must be requested on an FCC Form 731 for each FCC Identifier. ( b ) If equipment authorization for additional FCC Identifiers is requested in the initial application, a statement shall be included describing how these additional devices differ from the basic device which was measured and stating that the report of measurements submitted for the basic device applies also to the additional devices. ( c ) If equipment authorization for additional FCC Identifiers is requested after a grant has been issued by the FCC for the basic device, the application may, in lieu of the report of measurements, be accompanied by a statement including: ( 1 ) FCC Identifier of device for which measurements are on file with the FCC. ( 2 ) Date when equipment authorization was granted for the device(s) listed under paragraph (c)(1) of this section and the file number of such grant. ( 3 ) Description of the difference between the device listed under paragraph (c)(1) of this section and the additional device(s). ( 4 ) A statement that the report of measurements filed for the device listed under paragraph (c)(1) of this section applies also to the additional device(s). ( 5 ) Photographs pursuant to § 2.1033(c) . § 18.212 Compliance information. ( a ) Equipment authorized under Supplier's Declaration of Conformity shall include a compliance statement that contains the information set forth in § 2.1077 of this chapter and a statement identical or similar to the following: “ This device complies with part 18 of the FCC Rules.” ( b ) The compliance information may be placed in the instruction manual, on a separate sheet, on the packaging, or electronically as permitted under § 2.935 of this chapter . There is no specific format for this information. [ 82 FR 50834 , Nov. 2, 2017] § 18.213 Information to the user. Information on the following matters shall be provided to the user in the instruction manual or on the packaging if an instruction manual is not provided for any type of ISM equipment: ( a ) The interference potential of the device or system ( b ) Maintenance of the system ( c ) Simple measures that can be taken by the user to correct interference. ( d ) Manufacturers of RF lighting devices must provide an advisory statement, either on the product packaging or with other user documentation, similar to the following: This product may cause interference to radio equipment and should not be installed near maritime safety communications equipment or other critical navigation or communication equipment operating between 0.45-30 MHz. Variations of this language are permitted provided all the points of the statement are addressed and may be presented in any legible font or text style. [ 50 FR 36069 , Sept. 5, 1985, as amended at 51 FR 17970 , May 16, 1986; 64 FR 37419 , July 12, 1999] Subpart C—Technical Standards § 18.301 Operating frequencies. ISM equipment may be operated on any frequency above 9 kHz except as indicated in § 18.303 . The following frequency bands, in accordance with § 2.106 of the rules, are designated for use by ISM equipment: Table 1 to § 18.301 ISM frequency Tolerance 6.78 MHz ± 15.0 kHz 13.56 MHz ± 7.0 kHz 27.12 MHz ± 163.0 kHz 40.68 MHz ± 20.0 kHz 915 MHz ± 13.0 MHz 2450 MHz ± 50.0 MHz 5800 MHz ± 75.0 MHz 24.125 GHz ± 125.0 MHz 61.25 GHz ± 250.0 MHz 122.50 GHz ± 500.0 MHz 245.00 GHz ± 1.0 GHz [ 85 FR 38740 , June 26, 2020] § 18.303 Prohibited frequency bands. Operation of ISM equipment within the following safety, search and rescue frequency bands is prohibited: 490-510 kHz, 2170-2194 kHz, 8354-8374 kHz, 121.4-121.6 MHz, 156.7-156.9 MHz, and 242.8-243.2 MHz. § 18.305 Field strength limits. ( a ) ISM equipment operating on a frequency specified in § 18.301 is permitted unlimited radiated energy in the band specified for that frequency. ( b ) The field strength levels of emissions which lie outside the bands specified in § 18.301 , unless otherwise indicated, shall not exceed the following: Equipment Operating frequency RF Power generated by equipment (watts) Field strength limit (uV/m) Distance (meters) Any type unless otherwise specified (miscellaneous) Any ISM frequency Below 500 500 or more 25 25 × SQRT(power/500) 300 1 300 Any non-ISM frequency Below 500 500 or more 15 15 × SQRT(power/500) 300 1 300 Industrial heaters and RF stabilized arc welders On or below 5,725 MHz Above 5,725 MHz Any Any 10 ( 2 ) 1,600 ( 2 ) Medical diathermy Any ISM frequency Any non-ISM frequency Any Any 25 15 300 300 Ultrasonic Below 490 kHz Below 500 500 or more 2,400/F(kHz) 2,400/F(kHz) × SQRT(power/500) 300 3 300 490 to 1,600 kHz Above 1,600 kHz Any Any 24,000/F(kHz) 15 30 30 Induction cooking ranges Below 90 kHz On or above 90 kHz Any Any 1,500 300 4 30 4 30 1 Field strength may not exceed 10 μV/m at 1600 meters. Consumer equipment operating below 1000 MHz is not permitted the increase in field strength otherwise permitted here for power over 500 watts. 2 Reduced to the greatest extent possible. 3 Field strength may not exceed 10 μV/m at 1600 meters. Consumer equipment is not permitted the increase in field strength otherwise permitted here for over 500 watts. 4 Induction cooking ranges manufactured prior to February 1, 1980, shall be subject to the field strength limits for miscellaneous ISM equipment. ( c ) The field strength limits for RF lighting devices shall be the following: Frequency (MHz) Field strength limit at 30 meters (μV/m) Non-consumer equipment: 30-88 30 88-216 50 216-1000 70 Consumer equipment: 30-88 10 88-216 15 216-1000 20 Notes 1. The tighter limit shall apply at the boundary between two frequency ranges. 2. Testing for compliance with these limits may be made at closer distances, provided a sufficient number of measurements are taken to plot the radiation pattern, to determine the major lobes of radiation, and to determine the expected field strength level at 30, 300, or 1600 meters. Alternatively, if measurements are made at only one closer fixed distance, then the permissible field strength limits shall be adjusted using 1/d as an attenuation factor. [ 50 FR 36070 , Sept. 5, 1985, as amended at 51 FR 17970 , May 16, 1986; 52 FR 43197 , Nov. 10, 1987] § 18.307 Conduction limits. For the following equipment, when designed to be connected to the public utility (AC) power line the radio frequency voltage that is conducted back onto the AC power line on any frequency or frequencies shall not exceed the limits in the following tables. Compliance with the provisions of this paragraph shall be based on the measurement of the radio frequency voltage between each power line and ground at the power terminal using a 50 μH/50 ohms line impedance stabilization network (LISN). ( a ) All Induction cooking ranges and ultrasonic equipment: Frequency of emission (MHz) Conducted limit (dBμV) Quasi-peak Average 0.009-0.05 110 — 0.05-0.15 90-80 * — 0.15-0.5 66 to 56 * 56 to 46 * 0.5-5 56 46 5-30 60 50 * Decreases with the logarithm of the frequency. ( b ) All other part 18 consumer devices: Frequency of emission (MHz) Conducted limit (dBμV) Quasi-peak Average 0.15-0.5 66 to 56 * 56 to 46 * 0.5-5 56 46 5-30 60 50 * Decreases with the logarithm of the frequency. ( c ) RF lighting devices: Frequency (MHz) Maximum RF line voltage measured with a 50 uH/50 ohm LISN (uV) Non-consumer equipment: 0.45 to 1.6 1,000 1.6 to 30 3,000 Consumer equipment: 0.45 to 2.51 250 2.51 to 3.0 3,000 3.0 to 30 250 ( d ) If testing with a quasi-peak detector demonstrates that the equipment complies with the average limits specified in the appropriate table in this section, additional testing to demonstrate compliance using an average detector is not required. ( e ) These conduction limits shall apply only outside of the frequency bands specified in § 18.301 . ( f ) For ultrasonic equipment, compliance with the conducted limits shall preclude the need to show compliance with the field strength limits below 30 MHz unless requested by the Commission. ( g ) The tighter limits shall apply at the boundary between two frequency ranges. [ 50 FR 36067 , Sept. 5, 1985, as amended at 52 FR 43198 , Nov. 10, 1987; 64 FR 37419 , July 12, 1999; 67 FR 45671 , July 10, 2002] § 18.309 Frequency range of measurements. ( a ) For field strength measurements: Frequency band in which device operates (MHz) Range of frequency measurements Lowest frequency Highest frequency Below 1.705 Lowest frequency generated in the device, but not lower than 9 kHz 30 MHz. 1.705 to 30 Lowest frequency generated in the device, but not lower than 9 kHz 400 MHz. 30 to 500 Lowest frequency generated in the device or 25 MHz, whichever is lower Tenth harmonic or 1,000 MHz, whichever is higher. 500 to 1,000 Lowest frequency generated in the device or 100 MHz, whichever is lower Tenth harmonic. Above 1,000 ......do Tenth harmonic or highest detectable emission. ( b ) For conducted powerline measurements, the frequency range over which the limits are specified will be scanned. [ 50 FR 36070 , Sept. 5, 1985, as amended at 51 FR 17971 , May 16, 1986] § 18.311 Methods of measurement. The measurement techniques used to determine compliance with the technical requirements of this part are set out in FCC MP-5, “FCC Methods of Measurements of Radio Noise Emissions from Industrial, Scientific, and Medical equipment,” or compliance measurements made in accordance with the specific procedures otherwise authorized by the Commission. [ 82 FR 50835 , Nov. 2, 2017] § 18.313 Radio frequency exposure requirements. Radio frequency devices operating under the provisions of this part are subject to the radio frequency radiation exposure requirements specified in §§ 1.1307(b) , 1.1310 , 2.1091 , and 2.1093 of this chapter , as appropriate. [ 85 FR 18150 , Apr. 1, 2020]
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Part 8—SAFEGUARDING AND SECURING THE OPEN INTERNET Cross Reference Link to an amendment published at 89 FR 61272 , July 30, 2024. Authority: 47 U.S.C. 151 , 152 , 153 , 154 , 163 , 201 , 202 , 206 , 207 , 208 , 209 , 216 , 217 , 257 , 301 , 302a , 303 , 304 , 307 , 309 , 312 , 316 , 332 , 403 , 501 , 503 , 522 , 1302 , 1753 . Source: 76 FR 59232 , Sept. 23, 2011, unless otherwise noted. § 8.1 Definitions. Cross Reference Link to an amendment published at 89 FR 61272 , July 30, 2024. ( a ) [Reserved] ( b ) Broadband Internet access service. A mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service. This term also encompasses any service that the Commission finds to be providing a functional equivalent of the service described in the previous sentence or that is used to evade the protections set forth in this part. ( c ) Edge provider. Any individual or entity that provides any content, application, or service over the internet, and any individual or entity that provides a device used for accessing any content, application, or service over the internet. ( d ) End user. Any individual or entity that uses a broadband internet access service. ( e ) Reasonable network management. A network management practice is a practice that has a primarily technical network management justification, but does not include other business practices. A network management practice is reasonable if it is primarily used for and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband internet access service. [ 89 FR 45554 , May 22, 2024] § 8.2 Transparency. Cross Reference Link to an amendment published at 89 FR 61272 , July 30, 2024. Cross Reference Link to an amendment published at 89 FR 45554 , May 22, 2024. ( a ) Any person providing broadband internet access service shall publicly disclose accurate information regarding the network management practices, performance characteristics, and commercial terms of its broadband internet access services sufficient to enable consumers to make informed choices regarding the purchase and use of such services and entrepreneurs and other small businesses to develop, market, and maintain internet offerings. Such disclosure shall be made via a publicly available, easily accessible website or through transmittal to the Commission. ( 1 ) Any person providing broadband internet access service shall create and display an accurate broadband consumer label for each stand-alone broadband internet access service it currently offers for purchase. The label must be prominently displayed, publicly available, and easily accessible to consumers, including consumers with disabilities, at the point of sale with the content and in the format prescribed by the Commission in “[Fixed or Mobile] Broadband Consumer Disclosure,” in figure 1 to this paragraph (a)(1) . Figure 1 to Paragraph (a)(1)—[Fixed or Mobile] Broadband Consumer Disclosure Label ( 2 ) Broadband internet access service providers shall display the label required under paragraph (a)(1) of this section at each point of sale. Point of sale is defined to mean a provider's website and any alternate sales channels through which the provider's broadband internet access service is sold, including a provider-owned retail location, third-party retail location, and over the phone. For labels displayed on provider websites, the label must be displayed in close proximity to the associated advertised service plan. Point of sale also means the time a consumer begins investigating and comparing broadband service offerings available to them at their location. For alternate sales channels, providers must document each instance when it directs a consumer to a label and retain such documentation for two years. This requirement will be deemed satisfied if, instead, the provider: establishes the business practices and processes it will follow in distributing the label through alternative sales channels; retains training materials and related business practice documentation for two years; and provides such information to the Commission upon request, within thirty days. Point of sale for purposes of the E-Rate and Rural Health Care programs is defined as the time a service provider submits its bid to a program participant. Providers participating in the E-Rate and Rural Health Care programs must provide their labels to program participants when they submit their bids to participants. Broadband internet access service providers that offer online account portals to their customers shall also make each customer's label easily accessible to the customer in such portals. ( 3 ) The content of the label required under paragraph (a)(1) of this section must be displayed on the broadband internet access service provider's website in a machine-readable format. Broadband internet access service providers must provide the information in any label separately in a spreadsheet file format on their websites via a dedicated uniform resource locator (URL) that contains all of their labels. Providers must publicize the URL with the label data in the transparency disclosures required under this paragraph (a) . ( 4 ) The label required under paragraph (a)(1) of this section must be provided in English and in any other languages in which the broadband internet access service provider markets its services in the United States. ( 5 ) Broadband internet access service providers shall maintain an archive of all labels required under paragraph (a)(1) of this section for a period of no less than two years from the time the service plan reflected in the label is no longer available for purchase by a new subscriber and the provider has removed the label from its website or alternate sales channels. Providers must provide any archived label to the Commission, upon request, within thirty days. Providers must provide an archived label, upon request and within thirty days, to an existing customer whose service plan is associated with the particular label. A provider is not required to display a label once the associated service plan is no longer offered to new subscribers. ( 6 ) Broadband consumer label requirements and the transparency rule in paragraph (a) of this section are subject to enforcement using the same processes and procedures. The label required under paragraph (a)(1) of this section is not a safe harbor from the transparency rule or any other requirements established by the Commission. ( 7 ) Compliance with paragraphs (a)(1) , (2) , and (4) through (6) of this section for providers with 100,000 or fewer subscriber lines is required as of October 10, 2024, and for all other providers is required as of April 10, 2024, except that compliance with the requirement in paragraph (a)(2) of this section to make labels accessible in online account portals will not be required for all providers until October 10, 2024. Compliance with paragraph (a)(3) of this section is required for all providers as of October 10, 2024. ( b ) Broadband internet access service is a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service. This term also encompasses any service that the Commission finds to be providing a functional equivalent of the service described in the previous sentence or that is used to evade the protections set forth in this part. For purposes of paragraphs (a)(1) through (6) of this section, “mass-market” services exclude service offerings customized for the customer through individually negotiated agreements even when the services are supported by federal universal service support. [ 83 FR 7922 , Feb. 22, 2018, as amended at 87 FR 76978 , Dec. 16, 2022; 88 FR 52043 , Aug. 7, 2023; 88 FR 63859 , Sept. 18, 2023; 88 FR 73535 , Oct. 26, 2023. Redesignated and amended at 89 FR 45554 , May 22, 2024] § 8.3 Conduct-based rules. Cross Reference Link to an amendment published at 89 FR 61272 , July 30, 2024. ( a ) No blocking. A person engaged in the provision of broadband internet access service, insofar as such person is so engaged, shall not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. ( b ) No throttling. A person engaged in the provision of broadband internet access service, insofar as such person is so engaged, shall not impair or degrade lawful internet traffic on the basis of internet content, application, or service, or use of a non-harmful device, subject to reasonable network management. ( c ) No paid prioritization. ( 1 ) A person engaged in the provision of broadband internet access service, insofar as such person is so engaged, shall not engage in paid prioritization. “Paid prioritization” refers to the management of a broadband provider's network to directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either: ( i ) In exchange for consideration (monetary or otherwise) from a third party; or ( ii ) To benefit an affiliated entity. ( 2 ) The Commission may waive the ban on paid prioritization only if the petitioner demonstrates that the practice would provide some significant public interest benefit and would not harm the open nature of the internet. ( d ) No unreasonable interference or unreasonable disadvantage standard for internet conduct. ( 1 ) Any person engaged in the provision of broadband internet access service, insofar as such person is so engaged, shall not unreasonably interfere with or unreasonably disadvantage: ( i ) End users' ability to select, access, and use broadband internet access service or the lawful internet content, applications, services, or devices of their choice; or ( ii ) Edge providers' ability to make lawful content, applications, services, or devices available to end users. ( 2 ) Reasonable network management shall not be considered a violation of this paragraph (d) . ( e ) Effect on other obligations or authorizations. Nothing in this part supersedes any obligation or authorization a provider of broadband internet access service may have to address the needs of emergency communications or law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law, or limits the provider's ability to do so. Nothing in this part prohibits reasonable efforts by a provider of broadband internet access service to address copyright infringement or other unlawful activity. [ 89 FR 45554 , May 22, 2024] § 8.6 Advisory opinions. Cross Reference Link to an amendment published at 89 FR 61272 , July 30, 2024. ( a ) Procedures. ( 1 ) Any entity that is subject to the Commission's open internet rules in this part may request an advisory opinion from the Enforcement Bureau regarding the permissibility of its proposed policies and practices relating to broadband internet access service. Requests for advisory opinions may be filed via the Commission's website or with the Office of the Secretary and must be copied to the Chief of the Enforcement Bureau and the Chief of the Investigations and Hearings Division of the Enforcement Bureau. ( 2 ) The Enforcement Bureau may, in its discretion, determine whether to issue an advisory opinion in response to a particular request or group of requests and will inform each requesting entity, in writing, whether the Bureau plans to issue an advisory opinion regarding the matter in question. ( 3 ) Requests for advisory opinions must relate to a proposed policy or practice that the requesting party intends to pursue. The Enforcement Bureau will not respond to requests for opinions that relate to ongoing or prior conduct, and the Bureau may initiate an enforcement investigation to determine whether such conduct violates the open internet rules in this part. Additionally, the Bureau will not respond to requests if the same or substantially the same conduct is the subject of a current Government investigation or proceeding, including any ongoing litigation or open rulemaking at the Commission. ( 4 ) Requests for advisory opinions must be accompanied by all material information sufficient for Enforcement Bureau staff to make a determination on the policy or practice for which review is requested. Requesters must certify that factual representations made to the Bureau are truthful and accurate, and that they have not intentionally omitted any information from the request. A request for an advisory opinion that is submitted by a business entity or an organization must be executed by an individual who is authorized to act on behalf of that entity or organization. ( 5 ) Enforcement Bureau staff will have discretion to ask parties requesting advisory opinions, as well as other parties that may have information relevant to the request or that may be impacted by the proposed conduct, for additional information that the staff deems necessary to respond to the request. Such additional information, if furnished orally or during an in-person conference with Bureau staff, shall be promptly confirmed in writing. Parties are not obligated to respond to staff inquiries related to advisory opinions. If a requesting party fails to respond to a staff inquiry, then the Bureau may dismiss that party's request for an advisory opinion. If a party voluntarily responds to a staff inquiry for additional information, then it must do so by a deadline to be specified by Bureau staff. Advisory opinions will expressly state that they rely on the representations made by the requesting party, and that they are premised on the specific facts and representations in the request and any supplemental submissions. ( b ) Response. After review of a request submitted under this section, the Enforcement Bureau will: ( 1 ) Issue an advisory opinion that will state the Bureau's present enforcement intention with respect to whether or not the proposed policy or practice detailed in the request complies with the Commission's open internet rules in this part; ( 2 ) Issue a written statement declining to respond to the request; or ( 3 ) Take such other position or action as it considers appropriate. An advisory opinion states only the enforcement intention of the Enforcement Bureau as of the date of the opinion, and it is not binding on any party. Advisory opinions will be issued without prejudice to the Enforcement Bureau or the Commission to reconsider the questions involved, or to rescind or revoke the opinion. Advisory opinions will not be subject to appeal or further review. ( c ) Enforcement effect. The Enforcement Bureau will have discretion to indicate the Bureau's lack of enforcement intent in an advisory opinion based on the facts, representations, and warranties made by the requesting party. The requesting party may rely on the opinion only to the extent that the request fully and accurately contains all the material facts and representations necessary to issuance of the opinion and the situation conforms to the situation described in the request for opinion. The Bureau will not bring an enforcement action against a requesting party with respect to any action taken in good faith reliance upon an advisory opinion if all of the relevant facts were fully, completely, and accurately presented to the Bureau, and where such action was promptly discontinued upon notification of rescission or revocation of the Commission's or Bureau's approval. ( d ) Public disclosure. The Enforcement Bureau will make advisory opinions available to the public on the Commission's website. The Bureau will also publish the initial request for guidance and any associated materials. Parties soliciting advisory opinions may request confidential treatment of information submitted in connection with a request for an advisory opinion pursuant to § 0.459 of this chapter . ( e ) Withdrawal of request. Any requesting party may withdraw a request for review at any time prior to receipt of notice that the Enforcement Bureau intends to issue an adverse opinion, or the issuance of an opinion. The Enforcement Bureau remains free, however, to submit comments to such requesting party as it deems appropriate. Failure to take action after receipt of documents or information, whether submitted pursuant to this procedure or otherwise, does not in any way limit or stop the Bureau from taking such action at such time thereafter as it deems appropriate. The Bureau reserves the right to retain documents submitted to it under this procedure or otherwise and to use them for all governmental purposes. [ 89 FR 45554 , May 22, 2024] Subpart B—XXX Cross Reference Link to an amendment published at 89 FR 61272 , July 30, 2024.
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PART 54—UNIVERSAL SERVICE Authority: 47 U.S.C. 151 , 154(i) , 155 , 201 , 205 , 214 , 219 , 220 , 229 , 254 , 303(r) , 403 , 1004 , 1302 , 1601-1609 , and 1752 , unless otherwise noted. Source: 62 FR 32948 , June 17, 1997, unless otherwise noted. Subpart A—General Information § 54.1 Basis and purpose. ( a ) Basis. These rules are issued pursuant to the Communications Act of 1934, as amended. ( b ) Purpose. The purpose of these rules is to implement section 254 of the Communications Act of 1934, as amended, 47 USC 254 . § 54.5 Terms and definitions. Terms used in this part have the following meanings: Act. The term “Act” refers to the Communications Act of 1934, as amended. Administrator. The term “Administrator” or “USAC” shall refer to the Universal Service Administrative Company that is an independent subsidiary of the National Exchange Carrier Association, Inc., and that has been appointed the permanent Administrator of the federal universal service support mechanisms. Community anchor institutions. For the purpose of high-cost support, “community anchor institutions” refers to schools, libraries, health care providers, community colleges, other institutions of higher education, and other community support organizations and entities. Competitive eligible telecommunications carrier. A “competitive eligible telecommunications carrier” is a carrier that meets the definition of an “eligible telecommunications carrier” below and does not meet the definition of an “incumbent local exchange carrier” in § 51.5 of this chapter . Contributor. The term “contributor” shall refer to an entity required to contribute to the universal service support mechanisms pursuant to § 54.706 . Eligible telecommunications carrier. “Eligible telecommunications carrier” means a carrier designated as such under subpart C of this part . High-cost support. “High-cost support” refers to those support mechanisms provided pursuant to subparts D , J , K , L , M , and O of this part . Incumbent local exchange carrier. “Incumbent local exchange carrier” or “ILEC” has the same meaning as that term is defined in § 51.5 of this chapter . Information service. “Information service” is the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. Interconnected VoIP Provider. An “interconnected VoIP provider” is an entity that provides interconnected VoIP service, as that term is defined in section 9.3 of these rules. Internet access. “Internet access” includes the following elements: ( 1 ) The transmission of information as common carriage; and ( 2 ) The transmission of information as part of a gateway to an information service, when that transmission does not involve the generation or alteration of the content of information, but may include data transmission, address translation, protocol conversion, billing management, introductory information content, and navigational systems that enable users to access information services, and that do not affect the presentation of such information to users. Interstate telecommunication. “Interstate telecommunication” is a communication or transmission: ( 1 ) From any State, Territory, or possession of the United States (other than the Canal zone), or the District of Columbia, to any other State, Territory, or possession of the United States (other than the Canal Zone), or the District of Columbia, ( 2 ) From or to the United States to or from the Canal Zone, insofar as such communication or transmission takes place within the United States, or ( 3 ) Between points within the United States but through a foreign country. Interstate transmission. “Interstate transmission” is the same as interstate telecommunication. Intrastate telecommunication. “Intrastate telecommunication” is a communication or transmission from within any State, Territory, or possession of the United States, or the District of Columbia to a location within that same State, Territory, or possession of the United States, or the District of Columbia. Intrastate transmission. “Intrastate transmission” is the same as intrastate telecommunication. LAN. “LAN” is a local area network, which is a set of high-speed links connecting devices, generally computers, on a single shared medium, usually on the user's premises. Mobile competitive eligible telecommunications carrier. A “mobile competitive eligible telecommunications carrier” is a carrier that meets the definition of a “competitive eligible telecommunications carrier” in this section and that provides a terrestrial-based service meeting the definition of “commercial mobile radio service” in § 51.5 of this chapter . Qualifying competitor. A “qualifying competitor” is a facilities-based terrestrial provider of residential fixed voice and broadband service access meeting or exceeding 3 Mbps downstream and 768 kbps upstream. Rate-of-return carrier. “Rate-of-return carrier” shall refer to any incumbent local exchange carrier not subject to price cap regulation as that term is defined in § 61.3(ee) of this chapter . Rural incumbent local exchange carrier. “Rural incumbent local exchange carrier” is a carrier that meets the definitions of “rural telephone company” and “incumbent local exchange carrier,” as those terms are defined in § 51.5 of this chapter . Rural telephone company. “Rural telephone company” has the same meaning as that term is defined in § 51.5 of this chapter . State commission. The term “state commission” means the commission, board or official (by whatever name designated) that, under the laws of any state, has regulatory jurisdiction with respect to intrastate operations of carriers. Technically feasible. “Technically feasible” means capable of accomplishment as evidenced by prior success under similar circumstances. For example, preexisting access at a particular point evidences the technical feasibility of access at substantially similar points. A determination of technical feasibility does not consider economic, accounting, billing, space or site except that space and site may be considered if there is no possibility of expanding available space. Telecommunications. “Telecommunications” is the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. Telecommunications carrier. A “telecommunications carrier” is any provider of telecommunications services, except that such term does not include aggregators of telecommunications services as defined in section 226 of the Act. A telecommunications carrier shall be treated as a common carrier under the Act only to the extent that it is engaged in providing telecommunications services, except that the Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage. This definition includes cellular mobile radio service (CMRS) providers, interexchange carriers (IXCs) and, to the extent they are acting as telecommunications carriers, companies that provide both telecommunications and information services. Private mobile radio service (PMRS) providers are telecommunications carriers to the extent they provide domestic or international telecommunications for a fee directly to the public. Telecommunications channel. “Telecommunications channel” means a telephone line, or, in the case of wireless communications, a transmittal line or cell site. Telecommunications service. “Telecommunications service” is the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Tribal lands. For the purposes of high-cost support, “Tribal lands” include any federally recognized Indian tribe's reservation, pueblo or colony, including former reservations in Oklahoma, Alaska Native regions established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) and Indian Allotments, see § 54.400(e) , as well as Hawaiian Home Lands—areas held in trust for native Hawaiians by the state of Hawaii, pursuant to the Hawaiian Homes Commission Act, 1920, July 9, 1921, 42 Stat 108, et seq., as amended, and any land designated as such by the Commission. Unsubsidized competitor. An “unsubsidized competitor” is a facilities-based provider of residential fixed voice and broadband service that does not receive high-cost support. Website. The term “website” shall refer to any websites operated by the Administrator in connection with the schools and libraries support mechanism, the rural health care support mechanism, the high cost mechanism, and the low income mechanism. Wire center. A wire center is the location of a local switching facility containing one or more central offices, as defined in the Appendix to part 36 of this chapter . The wire center boundaries define the area in which all customers served by a given wire center are located. [ 62 FR 32948 , June 17, 1997] Editorial Note Editorial Note: For Federal Register citations affecting § 54.5 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 54.7 Intended use of federal universal service support. ( a ) A carrier that receives federal universal service support shall use that support only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. ( b ) The use of federal universal service support that is authorized by paragraph (a) of this section shall include investments in plant that can, either as built or with the addition of plant elements, when available, provide access to advanced telecommunications and information services. ( c ) For those eligible telecommunications carriers as defined in § 54.5 receiving universal service support pursuant to subparts K and M of this part , ineligible expenses include but are not limited to the following: ( 1 ) Personal expenses of employees, executives, board members, and contractors, and family members thereof, or any other individuals affiliated with the eligible telecommunications carrier, including but not limited to personal expenses for housing, such as rent or mortgages, vehicles for personal use and personal travel, including transportation, lodging and meals; ( 2 ) Gifts to employees; childcare; housing allowances or other forms of mortgage or rent assistance for employees except that a reasonable amount of assistance shall be allowed for work-related temporary or seasonal lodging; cafeterias and dining facilities; food and beverage except that a reasonable amount shall be allowed for work-related travel; entertainment; ( 3 ) Expenses associated with: Tangible property not logically related or necessary to the offering of voice or broadband services; corporate aircraft, watercraft, and other motor vehicles designed for off-road use except insofar as necessary or reasonable to access portions of the study area not readily accessible by motor vehicles travelling on roads; tangible property used for entertainment purposes; consumer electronics used for personal use; kitchen appliances except as part of work-related temporary or seasonal lodging assistance; artwork and other objects which possess aesthetic value; ( 4 ) Political contributions; charitable donations; scholarships; membership fees and dues in clubs and organizations; sponsorships of conferences or community events; nonproduct-related corporate image advertising; and ( 5 ) Penalties or fines for statutory or regulatory violations; penalties or fees for any late payments on debt, loans, or other payments. [ 76 FR 73869 , Nov. 29, 2011, as amended at 83 FR 18964 , May 1, 2018] § 54.8 Prohibition on participation: suspension and debarment. ( a ) Definitions — ( 1 ) Activities associated with or related to the schools and libraries support mechanism, the high-cost support mechanism, the rural health care support mechanism, and the low-income support mechanism. Such matters include the receipt of funds or discounted services through one or more of these support mechanisms, or consulting with, assisting, or advising applicants or service providers regarding one or more of these support mechanisms. ( 2 ) Civil liability. The disposition of a civil action by any court of competent jurisdiction, whether entered by verdict, decision, settlement with admission of liability, stipulation, or otherwise creating a civil liability for the wrongful acts complained of, or a final determination of liability under the Program Fraud Civil Remedies Act of 1988 ( 31 U.S.C. 3801-12 ). ( 3 ) Consultant. A person that for consideration advises or consults a person regarding the schools and libraries support mechanism, but who is not employed by the person receiving the advice or consultation. ( 4 ) Conviction. A judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered by verdict or a plea, including a plea of nolo contendere. ( 5 ) Debarment. Any action taken by the Commission in accordance with these regulations to exclude a person from activities associated with or relating to the schools and libraries support mechanism, the high-cost support mechanism, the rural health care support mechanism, and the low-income support mechanism. A person so excluded is “debarred.” ( 6 ) Person. Any individual, group of individuals, corporation, partnership, association, unit of government or legal entity, however organized. ( 7 ) Suspension. An action taken by the Commission in accordance with these regulations that immediately excludes a person from activities associated with or relating to the schools and libraries support mechanism, the high-cost support mechanism, the rural health care support mechanism, and the low-income support mechanism for a temporary period, pending completion of the debarment proceedings. A person so excluded is “suspended.” ( b ) Suspension and debarment in general. The Commission shall suspend and debar a person for any of the causes in paragraph (c) of this section using procedures established in this section, absent extraordinary circumstances. ( c ) Causes for suspension and debarment. Causes for suspension and debarment are conviction of or civil judgment for attempt or commission of criminal fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice and other fraud or criminal offense arising out of activities associated with or related to the schools and libraries support mechanism, the high-cost support mechanism, the rural health care support mechanism, and the low-income support mechanism. ( d ) Effect of suspension and debarment. Unless otherwise ordered, any persons suspended or debarred shall be excluded from activities associated with or related to the schools and libraries support mechanism, the high-cost support mechanism, the rural health care support mechanism, and the low-income support mechanism. Suspension and debarment of a person other than an individual constitutes suspension and debarment of all divisions and/or other organizational elements from participation in the program for the suspension and debarment period, unless the notice of suspension and proposed debarment is limited by its terms to one or more specifically identified individuals, divisions, or other organizational elements or to specific types of transactions. ( e ) Procedures for suspension and debarment. The suspension and debarment process shall proceed as follows: ( 1 ) Upon evidence that there exists cause for suspension and debarment, the Commission shall provide prompt notice of suspension and proposed debarment to the person. Suspension shall be effective upon the earlier of receipt of notification or publication in the Federal Register. ( 2 ) The notice shall: ( i ) Give the reasons for the proposed debarment in terms sufficient to put a person on notice of the conduct or transaction(s) upon which it is based and the cause relied upon, namely, the entry of a criminal conviction or civil judgment arising out of activities associated with or related to the schools and libraries support mechanism, the high-cost support mechanism, the rural health care support mechanism, and the low-income support mechanism; ( ii ) Explain the applicable debarment procedures; ( iii ) Describe the effect of debarment. ( 3 ) A person subject to proposed debarment, or who has an existing contract with a person subject to proposed debarment or intends to contract with such a person to provide or receive services in matters arising out of activities associated with or related to the schools and libraries support mechanism, the high-cost support mechanism, the rural health care support mechanism, and the low-income support mechanism may contest debarment or the scope of the proposed debarment. A person contesting debarment or the scope of proposed debarment must file arguments and any relevant documentation within thirty (30) calendar days of receipt of notice or publication in the Federal Register, whichever is earlier. ( 4 ) A person subject to proposed debarment, or who has an existing contract with a person subject to proposed debarment or intends to contract with such a person to provide or receive services in matters arising out of activities associated with or related to the schools and libraries support mechanism, the high-cost support mechanism, the rural health care support mechanism, and the low-income support mechanism may also contest suspension or the scope of suspension, but such action will not ordinarily be granted. A person contesting suspension or the scope of suspension must file arguments and any relevant documentation within thirty (30) calendar days of receipt of notice or publication in the Federal Register, whichever is earlier. ( 5 ) Within ninety (90) days of receipt of any information submitted by the respondent, the Commission, in the absence of extraordinary circumstances, shall provide the respondent prompt notice of the decision to debar. Debarment shall be effective upon the earlier of receipt of notice or publication in the Federal Register. ( f ) Reversal or limitation of suspension or debarment. The Commission may reverse a suspension or debarment, or limit the scope or period of suspension or debarment, upon a finding of extraordinary circumstances, after due consideration following the filing of a petition by an interested party or upon motion by the Commission. Reversal of the conviction or civil judgment upon which the suspension and debarment was based is an example of extraordinary circumstances. ( g ) Time period for debarment. A debarred person shall be prohibited from involvement with the schools and libraries support mechanism for three (3) years from the date of debarment. The Commission may, if necessary to protect the public interest, set a longer period of debarment or extend the existing period of debarment. If multiple convictions or judgments have been rendered, the Commission shall determine based on the facts before it whether debarments shall run concurrently or consecutively. [ 68 FR 36943 , June 20, 2003. Redesignated and amended at 72 FR 54218 , Sept. 24, 2007] § 54.9 Prohibition on use of funds. ( a ) USF support restriction No universal service support may be used to purchase, obtain, maintain, improve, modify, or otherwise support any equipment or services produced or provided by any company posing a national security threat to the integrity of communications networks or the communications supply chain. ( b ) Designation of Entities Subject to Prohibition. ( 1 ) When the Public Safety and Homeland Security Bureau (PSHSB) determines, either sua sponte or in response to a petition from an outside party, that a company poses a national security threat to the integrity of communications networks or the communications supply chain, PSHSB shall issue a public notice advising that such designation has been proposed as well as the basis for such designation. ( 2 ) Upon issuance of such notice, interested parties may file comments responding to the initial designation, including proffering an opposition to the initial designation. If the initial designation is unopposed, the entity shall be deemed to pose a national security threat 31 days after the issuance of the notice. If any party opposes the initial designation, the designation shall take effect only if PSHSB determines that the affected entity should nevertheless be designated as a national security threat to the integrity of communications networks or the communications supply chain. In either case, PSHSB shall issue a second public notice announcing its final designation and the effective date of its final designation. PSHSB shall make a final designation no later than 120 days after release of its initial determination notice. PSHSB may, however, extend such 120-day deadline for good cause. ( 3 ) PSHSB will act to reverse its designation upon a finding that an entity is no longer a threat to the integrity of communications networks or the communications supply chain. A designated company, or any other interested party, may submit a petition asking PSHSB to remove a designation. PSHSB shall seek the input of Executive Branch agencies and the public upon receipt of such a petition. If the record shows that a designated company is no longer a national security threat, PSHSB shall promptly issue an order reversing its designation of that company. PSHSB may dismiss repetitive or frivolous petitions for reversal of a designation without notice and comment. If PSHSB reverses its designation, PSHSB shall issue an order announcing its decision along with the basis for its decision. ( 4 ) PSHSB shall have discretion to revise this process or follow a different process if appropriate to the circumstances, consistent with providing affected parties an opportunity to respond and with any need to act expeditiously in individual cases. [ 85 FR 249 , Jan. 3, 2020] § 54.10 Prohibition on use of certain Federal subsidies. ( a ) A Federal subsidy made available through a program administered by the Commission that provides funds to be used for the capital expenditures necessary for the provision of advanced communications service may not be used to: ( 1 ) Purchase, rent, lease, or otherwise obtain any covered communications equipment or service; or ( 2 ) Maintain any covered communications equipment or service previously purchased, rented, leased, or otherwise obtained. ( b ) The term “covered communications equipment or service” is defined in § 1.50001 of this chapter . ( c ) The prohibition in paragraph (a) of this section applies to any covered communications equipment or service beginning on the date that is 60 days after the date on which such equipment or service is placed on a published list pursuant to § 1.50003 of this chapter . In the case of any covered communications equipment or service that is on the initial list published pursuant to § 1.50002 of this chapter , such equipment or service shall be treated as being placed on the list on the date which such list is published. [ 86 FR 2946 , Jan. 13, 2021] § 54.11 Requirement to remove and replace. ( a ) Each Eligible Telecommunications Carrier receiving Universal Service Fund support must certify prior to receiving a funding commitment or support that it does not use covered communications equipment or services. ( b ) For the purposes of this section, covered communications equipment or services means any communications equipment or service that is on the Covered List maintained pursuant to § 1.50002 of this chapter , and: ( 1 ) As defined in the Report and Order of the Commission in the matter of Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs (FCC 19-121; WC Docket No. 18-89; adopted November 22, 2019 (in this section referred to as the 'Report and Order'); or ( 2 ) as determined to be covered by both the process of the Report and Order and the Designation Orders of the Commission on June 30, 2020 (DA 20-690; PS Docket No. 19-351; adopted June 30, 2020) (DA 20-691; PS Docket No. 19-352; adopted June 30, 2020) (in this section collectively referred to as the 'Designation Orders'). ( c ) The certification referenced in paragraph (a) of this section is required starting one year after the date the Commission releases a Public Notice announcing that applications are accepted for filing in the corresponding filing window of the Reimbursement Program per § 1.50004(b) for the removal, replacement, and disposal of associated covered communications equipment and services. ( d ) Reimbursement Program recipients, as defined in § 1.50001(h) of this chapter , are not subject to paragraph (a) of this section until after the expiration of their corresponding removal, replacement, and disposal term per § 1.50004(h) of this chapter for associated covered communications equipment and services. [ 86 FR 2946 , Jan. 13, 2021, as amended at 86 FR 47022 , Aug. 23, 2021] Subpart B—Services Designated for Support § 54.101 Supported services for rural, insular, and high cost areas. ( a ) Voice telephony services shall be supported by Federal universal service support mechanisms. Eligible voice telephony services must provide voice grade access to the public switched network or its functional equivalent; minutes of use for local service provided at no additional charge to end users; access to the emergency services provided by local government or other public safety organizations, such as 911 and enhanced 911, to the extent the local government in an eligible carrier's service area has implemented 911 or enhanced 911 systems; and toll limitation services to qualifying low-income consumers as provided in subpart E of this part . ( b ) An eligible telecommunications carrier eligible to receive high-cost support must offer voice telephony service as set forth in paragraph (a) of this section in order to receive Federal universal service support. ( c ) An eligible telecommunications carrier (ETC) subject to a high-cost public interest obligation to offer broadband internet access services and not receiving Phase I frozen high-cost support must offer broadband services within the areas where it receives high-cost support consistent with the obligations set forth in this subpart and subparts D , K , L , and M of this part . ( d ) Any ETC must comply with subpart E of this part . [ 86 FR 1021 , Jan. 7, 2021] Subpart C—Carriers Eligible for Universal Service Support § 54.201 Definition of eligible telecommunications carriers, generally. ( a ) Carriers eligible to receive support. ( 1 ) Only eligible telecommunications carriers designated under this subpart shall receive universal service support distributed pursuant to subparts D and E of this part . Eligible telecommunications carriers designated under this subpart for purposes of receiving support only under subpart E of this part must provide Lifeline service directly to qualifying low-income consumers. ( 2 ) [Reserved] ( 3 ) This paragraph does not apply to offset or reimbursement support distributed pursuant to subpart G of this part . ( 4 ) This paragraph does not apply to support distributed pursuant to subpart F of this part . ( b ) A state commission shall upon its own motion or upon request designate a common carrier that meets the requirements of paragraph (d) of this section as an eligible telecommunications carrier for a service area designated by the state commission. ( c ) Upon request and consistent with the public interest, convenience, and necessity, the state commission may, in the case of an area served by a rural telephone company, and shall, in the case of all other areas, designate more than one common carrier as an eligible telecommunications carrier for a service area designated by the state commission, so long as each additional requesting carrier meets the requirements of paragraph (d) of this section. Before designating an additional eligible telecommunications carrier for an area served by a rural telephone company, the state commission shall find that the designation is in the public interest. ( d ) A common carrier designated as an eligible telecommunications carrier under this section shall be eligible to receive universal service support in accordance with section 254 of the Act and, except as described in paragraph (d)(3) of this section, shall throughout the service area for which the designation is received: ( 1 ) Offer the services that are supported by federal universal service support mechanisms under subpart B of this part and section 254(c) of the Act, either using its own facilities or a combination of its own facilities and resale of another carrier's services (including the services offered by another eligible telecommunications carrier); and ( 2 ) Advertise the availability of such services and the charges therefore using media of general distribution. ( 3 ) Exception. Price cap carriers that serve census blocks that are identified by the forward-looking cost model as low-cost, census blocks that are served by an unsubsidized competitor as defined in § 54.5 meeting the requisite public interest obligations specified in § 54.309 , or census blocks where a subsidized competitor is receiving federal high-cost support to deploy modern networks capable of providing voice and broadband to fixed locations, are not required to comply with paragraphs (d)(1) and (2) of this section in these specific geographic areas. Such price cap carriers remain obligated to maintain existing voice telephony service in these specific geographic areas unless and until a discontinuance is granted pursuant to § 63.71 of this chapter . ( e ) For the purposes of this section, the term facilities means any physical components of the telecommunications network that are used in the transmission or routing of the services that are designated for support pursuant to subpart B of this part . ( f ) For the purposes of this section, the term “own facilities” includes, but is not limited to, facilities obtained as unbundled network elements pursuant to part 51 of this chapter , provided that such facilities meet the definition of the term “facilities” under this subpart. ( g ) A state commission shall not require a common carrier, in order to satisfy the requirements of paragraph (d)(1) of this section, to use facilities that are located within the relevant service area, as long as the carrier uses facilities to provide the services designated for support pursuant to subpart B of this part within the service area. ( h ) A state commission shall not designate a common carrier as an eligible telecommunications carrier for purposes of receiving support only under subpart E of this part unless the carrier seeking such designation has demonstrated that it is financially and technically capable of providing the supported Lifeline service in compliance with subpart E of this part . ( i ) A state commission shall not designate as an eligible telecommunications carrier a telecommunications carrier that offers the services supported by federal universal service support mechanisms exclusively through the resale of another carrier's services. [ 62 FR 32948 , June 17, 1997, as amended at 63 FR 2125 , Jan. 13, 1998; 64 FR 62123 , Nov. 16, 1999; 71 FR 65750 , Nov. 9, 2006; 77 FR 12966 , Mar. 2, 2012; 80 FR 4476 , Jan. 27, 2015; 80 FR 40935 , July 14, 2015; 81 FR 33089 , May 24, 2016; 84 FR 71327 , Dec. 27, 2019] § 54.202 Additional requirements for Commission designation of eligible telecommunications carriers. ( a ) In order to be designated an eligible telecommunications carrier under section 214(e)(6), any common carrier in its application must: ( 1 ) ( i ) Certify that it will comply with the service requirements applicable to the support that it receives. ( ii ) Submit a five-year plan that describes with specificity proposed improvements or upgrades to the applicant's network throughout its proposed service area. Each applicant shall estimate the area and population that will be served as a result of the improvements. Except, a common carrier seeking designation as an eligible telecommunications carrier in order to provide supported services only under subpart E of this part does not need to submit such a five-year plan. ( 2 ) Demonstrate its ability to remain functional in emergency situations, including a demonstration that it has a reasonable amount of back-up power to ensure functionality without an external power source, is able to reroute traffic around damaged facilities, and is capable of managing traffic spikes resulting from emergency situations. ( 3 ) Demonstrate that it will satisfy applicable consumer protection and service quality standards. A commitment by wireless applicants to comply with the Cellular Telecommunications and Internet Association's Consumer Code for Wireless Service will satisfy this requirement. Other commitments will be considered on a case-by-case basis. ( 4 ) For common carriers seeking designation as an eligible telecommunications carrier for purposes of receiving support only under subpart E of this part , demonstrate that it is financially and technically capable of providing the Lifeline service in compliance with subpart E of this part . ( 5 ) For common carriers seeking designation as an eligible telecommunications carrier for purposes of receiving support only under subpart E of this part , submit information describing the terms and conditions of any voice telephony service plans offered to Lifeline subscribers, including details on the number of minutes provided as part of the plan, additional charges, if any, for toll calls, and rates for each such plan. To the extent the eligible telecommunications carrier offers plans to Lifeline subscribers that are generally available to the public, it may provide summary information regarding such plans, such as a link to a public Web site outlining the terms and conditions of such plans. ( 6 ) For common carriers seeking designation as an eligible telecommunications carrier for purposes of receiving support only under subpart E of this part , submit information describing the terms and conditions of any broadband Internet access service plans offered to Lifeline subscribers, including details on the speeds offered, data usage allotments, additional charges for particular uses, if any, and rates for each such plan. To the extent the eligible telecommunications carrier offers plans to Lifeline subscribers that are generally available to the public, it may provide summary information regarding such plans, such as a link to a public Web site outlining the terms and conditions of such plans. ( b ) Public interest standard. Prior to designating an eligible telecommunications carrier pursuant to section 214(e)(6), the Commission determines that such designation is in the public interest. ( c ) A common carrier seeking designation as an eligible telecommunications carrier under section 214(e)(6) for any part of Tribal lands shall provide a copy of its petition to the affected tribal government and tribal regulatory authority, as applicable, at the time it files its petition with the Federal Communications Commission. In addition, the Commission shall send any public notice seeking comment on any petition for designation as an eligible telecommunications carrier on Tribal lands, at the time it is released, to the affected tribal government and tribal regulatory authority, as applicable, by the most expeditious means available. [ 77 FR 12966 , Mar. 2, 2012, as amended at 81 FR 33089 , May 24, 2016; 84 FR 71327 , Dec. 27, 2019] § 54.203 Designation of eligible telecommunications carriers for unserved areas. ( a ) If no common carrier will provide the services that are supported by federal universal service support mechanisms under section 254(c) of the Act and subpart B of this part to an unserved community or any portion thereof that requests such service, the Commission, with respect to interstate services, or a state commission, with respect to intrastate services, shall determine which common carrier or carriers are best able to provide such service to the requesting unserved community or portion thereof and shall order such carrier or carriers to provide such service for that unserved community or portion thereof. ( b ) Any carrier or carriers ordered to provide such service under this section shall meet the requirements of section 54.201(d) and shall be designated as an eligible telecommunications carrier for that community or portion thereof. § 54.205 Relinquishment of universal service. Cross Reference Link to an amendment published at 89 FR 25159 , Apr. 10, 2024. ( a ) A state commission shall permit an eligible telecommunications carrier to relinquish its designation as such a carrier in any area served by more than one eligible telecommunications carrier. An eligible telecommunications carrier that seeks to relinquish its eligible telecommunications carrier designation for an area served by more than one eligible telecommunications carrier shall give advance notice to the state commission of such relinquishment. ( b ) Prior to permitting a telecommunications carrier designated as an eligible telecommunications carrier to cease providing universal service in an area served by more than one eligible telecommunications carrier, the state commission shall require the remaining eligible telecommunications carrier or carriers to ensure that all customers served by the relinquishing carrier will continue to be served, and shall require sufficient notice to permit the purchase or construction of adequate facilities by any remaining eligible telecommunications carrier. The state commission shall establish a time, not to exceed one year after the state commission approves such relinquishment under this section, within which such purchase or construction shall be completed. [ 81 FR 33089 , May 24, 2016, as amended at 84 FR 71327 , Dec. 27, 2019] § 54.207 Service areas. ( a ) The term service area means a geographic area established by a state commission for the purpose of determining universal service obligations and support mechanisms. A service area defines the overall area for which the carrier shall receive support from federal universal service support mechanisms. ( b ) In the case of a service area served by a rural telephone company, service area means such company's “study area” unless and until the Commission and the states, after taking into account recommendations of a Federal-State Joint Board instituted under section 410(c) of the Act, establish a different definition of service area for such company. ( c ) If a state commission proposes to define a service area served by a rural telephone company to be other than such company's study area, the Commission will consider that proposed definition in accordance with the procedures set forth in this paragraph. ( 1 ) A state commission or other party seeking the Commission's agreement in redefining a service area served by a rural telephone company shall submit a petition to the Commission. The petition shall contain: ( i ) The definition proposed by the state commission; and ( ii ) The state commission's ruling or other official statement presenting the state commission's reasons for adopting its proposed definition, including an analysis that takes into account the recommendations of any Federal-State Joint Board convened to provide recommendations with respect to the definition of a service area served by a rural telephone company. ( 2 ) The Commission shall issue a Public Notice of any such petition within fourteen (14) days of its receipt. ( 3 ) The Commission may initiate a proceeding to consider the petition within ninety (90) days of the release date of the Public Notice. ( i ) If the Commission initiates a proceeding to consider the petition, the proposed definition shall not take effect until both the state commission and the Commission agree upon the definition of a rural service area, in accordance with paragraph (b) of this section and section 214(e)(5) of the Act. ( ii ) If the Commission does not act on the petition within ninety (90) days of the release date of the Public Notice, the definition proposed by the state commission will be deemed approved by the Commission and shall take effect in accordance with state procedures. ( d ) The Commission may, on its own motion, initiate a proceeding to consider a definition of a service area served by a rural telephone company that is different from that company's study area. If it proposes such different definition, the Commission shall seek the agreement of the state commission according to this paragraph. ( 1 ) The Commission shall submit a petition to the state commission according to that state commission's procedures. The petition submitted to the relevant state commission shall contain: ( i ) The definition proposed by the Commission; and ( ii ) The Commission's decision presenting its reasons for adopting the proposed definition, including an analysis that takes into account the recommendations of any Federal-State Joint Board convened to provide recommendations with respect to the definition of a service area served by a rural telephone company. ( 2 ) The Commission's proposed definition shall not take effect until both the state commission and the Commission agree upon the definition of a rural service area, in accordance with paragraph (b) of this section and section 214(e)(5) of the Act. ( e ) The Commission delegates its authority under paragraphs (c) and (d) of this section to the Chief, Wireline Competition Bureau. ( f ) Geographic flexibility provided for mobile competitive eligible telecommunications carriers receiving legacy high-cost support. A mobile competitive eligible telecommunications carrier receiving legacy high-cost support pursuant to § 54.307(e)(5) , (6) , or (7) for a particular subsidized service area may use the support for the provision, maintenance, and upgrading of facilities and services within any of the designated service areas for which it or an affiliated mobile competitive eligible telecommunications carrier ( e.g., where several mobile competitive eligible telecommunications carriers share a common holding company) receives legacy high-cost support regardless of whether the service areas span more than one state or territory. This paragraph does not affect a mobile competitive eligible telecommunications carrier's obligations and requirements pursuant to §§ 54.7 and 54.322 . [ 62 FR 32948 , June 17, 1997, as amended at 67 FR 13226 , Mar. 21, 2002; 85 FR 75817 , Nov. 25, 2020] Subpart D—Universal Service Support for High Cost Areas § 54.302 Monthly per-line limit on universal service support. ( a ) Beginning July 1, 2012 and until June 30, 2013, each study area's universal service monthly support (not including Connect America Fund support provided pursuant to § 54.304 ) on a per-line basis shall not exceed $250 per-line plus two-thirds of the difference between its uncapped per-line monthly support and $250. Beginning July 1, 2013 and until June 30, 2014, each study area's universal service monthly support on a per-line basis shall not exceed $250 per-line plus one third of the difference between its uncapped per-line monthly support and $250. Beginning July 1, 2014, each study area's universal service monthly per-line support shall not exceed $250. Beginning July 1, 2019, until June 30, 2021, each study area's universal service monthly per-line support shall not exceed $225. Beginning July 1, 2021, each study area's universal service monthly per-line support shall not exceed $200. ( b ) For purposes of this section, universal service support is defined as the sum of the amounts calculated pursuant to §§ 54.1304 , 54.1310 , 54.305 , and 54.901 through 54.904 . Line counts for purposes of this section shall be as of the most recent line counts reported pursuant to § 54.903(a)(1) . ( c ) The Administrator, in order to limit support for carriers pursuant to paragraph (a) of this section, shall reduce safety net additive support, high-cost loop support, safety valve support, and Connect America Fund Broadband Loop Support in proportion to the relative amounts of each support the study area would receive absent such limitation. [ 76 FR 73870 , Nov. 29, 2011, as amended at 79 FR 39188 , July 9, 2014; 82 FR 14339 , Mar. 20, 2017; 84 FR 4730 , Feb. 19, 2019] § 54.303 Eligible Capital Investment and Operating Expenses. ( a ) Eligible Operating Expenses. Each study area's eligible operating expenses for purposes of calculating universal service support pursuant to subparts K and M of this part shall be adjusted as follows: ( 1 ) Total eligible annual operating expenses per location shall be limited as follows: Calculate Exp(Ŷ + 1.5 * mean square error of the regression), where Ŷ = α̂ + β̂ 1 X 1 + β̂ 2 X 2 + β̂ 3 X 3 α̂, β̂ 1 , β̂ 2 , and β̂ 3 are the coefficients from the regression, X 1 is the natural log of the number of housing units in the study area, X 2 is the natural log of the number of density (number of housing units per square mile), and X 3 is the square of the natural log of the density ( 2 ) Eligible operating expenses are the sum of Cable and Wire Facilities Expense, Central Office Equipment Expense, Network Support and General Expense, Network Operations Expense, Limited Corporate Operations Expense, Information Origination/Termination Expense, Other Property Plant and Equipment Expenses, Customer Operations Expense: Marketing, and Customer Operations Expense: Services. ( 3 ) For purposes of this section, the number of housing units will be determined per the most recently available U.S Census data for each census block in that study area. If a census block is partially within a study area, the number of housing units in that portion of the census block will be determined based upon the percentage geographic area of the census block within the study area. ( 4 ) Notwithstanding the provisions of paragraph (a) of this section, total eligible annual operating expenses for 2016 will be limited to the total eligible annual operating expenses as defined in this section plus one half of the amount of total eligible annual expense as calculated prior to the application of this section. ( 5 ) For any study area subject to the limitation described in this paragraph, a required percentage reduction will be calculated for that study area's total eligible annual operating expenses. Each category or account used to determine that study area's total eligible annual operating expenses will then be reduced by this required percentage reduction. ( 6 ) For a period of five years following the implementation of paragraph (a) of this section, the total eligible annual operating expenses per location in paragraph (a) shall be adjusted annually to account for changes to the Department of Commerce's Gross Domestic Product Chain-type Price Index (GDP-CPI). ( 7 ) For those study areas where a majority of the housing units are on Tribal lands, as determined by the Wireline Competition Bureau, and meet the following conditions, total eligible annual operating expenses per location shall be limited by calculating Exp (Ŷ + 2.5 * mean square error of the regression): The carrier serving the study area has not deployed broadband service of 10 Mbps download/1 Mbps upload to 90 percent or more of the housing units on the Tribal lands in its study area and unsubsidized competitors have not deployed broadband service of 10 Mbps download/1 Mbps upload to 85 percent or more of the housing units on the Tribal lands in its study area. ( b ) [Reserved] [ 81 FR 24337 , Apr. 25, 2016, as amended at 82 FR 14339 , Mar. 20, 2017; 82 FR 16127 , Apr. 3, 2017; 82 FR 22903 , May 19, 2017; 83 FR 18964 , May 1, 2018 ; 83 FR 30884 , July 2, 2018; 84 FR 4730 , Feb. 19, 2019] § 54.304 Administration of Connect America Fund Intercarrier Compensation Replacement. ( a ) The Administrator shall administer CAF ICC support pursuant to § 51.915 and § 51.917 of this chapter . ( b ) The funding period is the period beginning July 1 through June 30 of the following year. ( c ) For price cap carriers that are eligible and elect, pursuant to § 51.915(f) of this chapter , to receive CAF ICC support, the following provisions govern the filing of data with the Administrator, the Commission, and the relevant state commissions and the payment by the Administrator to those carriers of CAF ICC support amounts that the carrier is eligible to receive pursuant to § 51.915 of this chapter . ( 1 ) A Price Cap Carrier seeking CAF ICC support pursuant to § 51.915 of this chapter shall file data with the Administrator, the Commission, and the relevant state commissions no later than June 30, 2012, for the first year, and on the date it files its annual access tariff filing with the Commission, in subsequent years, establishing the amount of the Price Cap Carrier's eligible CAF ICC funding during the upcoming funding period pursuant to § 51.915 of this chapter . The amount shall include any true-ups, pursuant to § 51.915 of this chapter , associated with an earlier funding period. ( 2 ) The Administrator shall monthly pay each price cap carrier one-twelfth (1/12) of the amount the carrier is eligible to receive during that funding period. ( d ) For rate-of-return carriers that are eligible and elect, pursuant to § 51.917(f) of this chapter , to receive CAF ICC support, the following provisions govern the filing of data with the Administrator, the Commission, and the relevant state commissions and the payment by the Administrator to those carriers of CAF ICC support amounts that the rate-of-return carrier is eligible to receive pursuant to § 51.917 of this chapter . ( 1 ) A Rate-of-Return Carrier seeking CAF ICC support shall file data with the Administrator, the Commission, and the relevant state commissions no later than June 30, 2012, for the first year, and on the date it files its annual access tariff filing with the Commission, in subsequent years, establishing the Rate-of-Return Carrier's projected eligibility for CAF ICC funding during the upcoming funding period pursuant to § 51.917 of this chapter . The projected amount shall include any true-ups, pursuant to § 51.917 of this chapter , associated with an earlier funding period. ( 2 ) The Administrator shall monthly pay each rate-of-return carrier one-twelfth (1/12) of the amount the carrier is to be eligible to receive during that funding period. [ 76 FR 73871 , Nov. 29, 2011, as amended at 78 FR 26268 , May 6, 2013] § 54.305 Sale or transfer of exchanges. ( a ) The provisions of this section shall not be used to determine support for any price cap incumbent local exchange carrier or a rate-of-return carrier, as that term is defined in § 54.5 , that is affiliated with a price cap incumbent local exchange carrier. ( b ) Beginning January 1, 2012, any carrier subject to the provisions of this paragraph shall receive support pursuant to this paragraph or support based on the actual costs of the acquired exchanges, whichever is less. Except as provided in paragraph (c) of this section, a carrier that acquires telephone exchanges from an unaffiliated carrier shall receive universal service support for the acquired exchanges at the same per-line support levels for which those exchanges were eligible prior to the transfer of the exchanges. If the acquired exchanges are incorporated into an existing rural incumbent local exchange carrier study area, the rural incumbent local exchange carrier shall maintain the costs associated with the acquired exchanges separate from the costs associated with its pre-acquisition study area. The transferred exchanges may be eligible for safety valve support for loop related costs pursuant to paragraph (d) of this section. ( c ) A carrier that has entered into a binding agreement to buy or acquire exchanges from an unaffiliated carrier prior to May 7, 1997 will receive universal service support for the newly acquired lines based upon the average cost of all of its lines, both those newly acquired and those it had prior to execution of the sales agreement. ( d ) Transferred exchanges in study areas operated by rural telephone companies that are subject to the limitations on loop-related universal service support in paragraph (b) of this section may be eligible for a safety valve loop cost expense adjustment based on the difference between the rural incumbent local exchange carrier's index year expense adjustment and subsequent year loop cost expense adjustments for the acquired exchanges. Safety valve loop cost expense adjustments shall only be available to rural incumbent local exchange carriers that, in the absence of restrictions on high-cost loop support in paragraph (b) of this section, would qualify for high-cost loop support for the acquired exchanges under § 54.1310 . ( 1 ) For carriers that buy or acquire telephone exchanges on or after January 10, 2005, from an unaffiliated carrier, the index year expense adjustment for the acquiring carrier's first year of operation shall equal the selling carrier's loop-related expense adjustment for the transferred exchanges for the 12-month period prior to the transfer of the exchanges. At the acquiring carrier's option, the first year of operation for the transferred exchanges, for purposes of calculating safety valve support, shall commence at the beginning of either the first calendar year or the next calendar quarter following the transfer of exchanges. For the first year of operation, a loop cost expense adjustment, using the costs of the acquired exchanges submitted in accordance with § 54.1305 shall be calculated pursuant to § 54.1310 and then compared to the index year expense adjustment. Safety valve support for the first period of operation will then be calculated pursuant to paragraph (d)(3) of this section. The index year expense adjustment for years after the first year of operation shall be determined using cost data for the first year of operation of the transferred exchanges. Such cost data for the first year of operation shall be calculated in accordance with §§ 54.1305 and 54.1310 . For each year, ending on the same calendar quarter as the first year of operation, a loop cost expense adjustment, using the loop costs of the acquired exchanges, shall be submitted and calculated pursuant to §§ 54.1305 and 54.1310 and will be compared to the index year expense adjustment. Safety valve support for the second year of operation and thereafter will then be calculated pursuant to paragraph (d)(3) of this section. ( 2 ) For carriers that bought or acquired exchanges from an unaffiliated carrier before January 10, 2005, and are not subject to the exception in paragraph (c) of this section, the index year expense adjustment for acquired exchange(s) shall be equal to the rural incumbent local exchange carrier's high-cost loop expense adjustment for the acquired exchanges calculated for the carrier's first year of operation of the acquired exchange(s). At the carrier's option, the first year of operation of the transferred exchanges shall commence at the beginning of either the first calendar year or the next calendar quarter following the transfer of exchanges. The index year expense adjustment shall be determined using cost data for the acquired exchange(s) submitted in accordance with § 54.1305 and shall be calculated in accordance with § 54.1310 . For each subsequent year, ending on the same calendar quarter as the index year, a loop cost expense adjustment, using the costs of the acquired exchanges, will be calculated pursuant to § 54.1310 and will be compared to the index year expense adjustment. Safety valve support is calculated pursuant to paragraph (d)(3) of this section. ( e ) The sum of the safety valve loop cost expense adjustment for all eligible study areas operated by rural telephone companies shall not exceed five (5) percent of the total rural incumbent local exchange carrier portion of the annual nationwide loop cost expense adjustment calculated pursuant to § 54.1302 . The five (5) percent cap on the safety valve mechanism shall be based on the lesser of the rural incumbent local exchange carrier portion of the annual nationwide loop cost expense adjustment calculated pursuant to § 54.1302 or the sum of rural incumbent local exchange carrier expense adjustments calculated pursuant to § 54.1310 . The percentage multiplier used to derive study area safety valve loop cost expense adjustments for rural telephone companies shall be the lesser of fifty (50) percent or a percentage calculated to produce the maximum total safety valve loop cost expense adjustment for all eligible study areas pursuant to this paragraph. The safety valve loop cost expense adjustment of an individual rural incumbent local exchange carrier also may be further reduced as described in paragraph (d)(3) of this section. ( f ) Once an acquisition is complete, the acquiring rural incumbent local exchange carrier shall provide written notice to the Administrator that it has acquired access lines that may be eligible for safety valve support. Rural telephone companies also shall provide written notice to the Administrator defining their index year for those years after the first year of operation for purposes of calculating the safety valve loop cost expense adjustment. [ 70 FR 10060 , Mar. 2, 2005, as amended at 76 FR 73871 , Nov. 29, 2011; 79 FR 39188 , July 9, 2014; 81 FR 24339 , Apr. 25, 2016; 89 FR 25159 , Apr. 10, 2024] § 54.306 Alaska Plan for Rate-of-Return Carriers Serving Alaska. ( a ) Election of support. For purposes of subparts A , B , C , D , H , I , J , K and M of this part , rate-of-return carriers (as that term is defined in § 54.5 ) serving Alaska have a one-time option to elect to participate in the Alaska Plan on a state-wide basis. Carriers exercising this option shall receive the lesser of; ( 1 ) Support as described in paragraph (c) of this section or ( 2 ) $3,000 annually for each line for which the carrier is receiving support as of the effective date of this rule. ( b ) Performance plans. In order to receive support pursuant to this section, a rate-of-return carrier must be subject to a performance plan approved by the Wireline Competition Bureau. The performance plan must indicate specific deployment obligations and performance requirements sufficient to demonstrate that support is being used in the public interest and in accordance with the requirements adopted by the Commission for the Alaska Plan. Performance plans must commit to offer specified minimum speeds to a set number of locations by the end of the fifth year of support and by the end of the tenth year of support, or in the alternative commit to maintaining voice and Internet service at a specified minimum speeds for the 10-year term. The Bureau may reassess performance plans at the end of the fifth year of support. If the specific deployment obligations and performance requirements in the approved performance plan are not achieved, the carrier shall be subject to § 54.320(c) and (d) . ( c ) Support amounts and support term. For a period of 10 years beginning on or after January 1, 2017, at a date set by the Wireline Competition Bureau, each Alaska Plan participant shall receive monthly Alaska Plan support in an amount equal to: ( 1 ) One-twelfth (1/12) of the amount of Interstate Common Line Support disbursed to that carrier for 2011, less any reduction made to that carrier's support in 2012 pursuant to the corporate operations expense limit in effect in 2012, and without regard to prior period adjustments related to years other than 2011 and as determined by USAC on January 31, 2012; plus ( 2 ) One-twelfth (1/12) of the total expense adjustment (high cost loop support) disbursed to that carrier for 2011, without regard to prior period adjustments related to years other than 2011 and as determined by USAC on January 31, 2012. ( d ) Transfers. Notwithstanding any provisions of § 54.305 or other sections in this part, to the extent an Alaska Plan participant (as defined in § 54.306 or § 54.317 ) transfers some or all of its customers in Alaska to another eligible telecommunications carrier, it may also transfer a proportionate amount of its Alaska Plan support and any associated performance obligations as determined by the Wireline Competition Bureau or Wireless Telecommunications Bureau if the acquiring eligible telecommunications carrier certifies it will meet the associated obligations agreed to in the approved performance plan. [ 81 FR 69712 , Oct. 7, 2016] § 54.307 Support to a competitive eligible telecommunications carrier. ( a ) Calculation of support. A competitive eligible telecommunications carrier shall receive universal service support to the extent that the competitive eligible telecommunications carrier captures the subscriber lines of an incumbent local exchange carrier (LEC) or serves new subscriber lines in the incumbent LEC's service area. ( 1 ) A competitive eligible telecommunications carrier serving loops in the service area of a rural incumbent local exchange carrier, as that term is defined in § 54.5 of this chapter , shall receive support for each line it serves in a particular service area based on the support the incumbent LEC would receive for each such line, disaggregated by cost zone if disaggregation zones have been established within the service area pursuant to § 54.315 of this subpart . A competitive eligible telecommunications carrier serving loops in the service area of a non-rural incumbent local exchange carrier shall receive support for each line it serves in a particular wire center based on the support the incumbent LEC would receive for each such line. A competitive eligible telecommunications carrier serving loops in the service area of a rate-of-return carrier shall be eligible to receive Interstate Common Line Support for each line it serves in the service area in accordance with the formula in § 54.901 . ( 2 ) A competitive eligible telecommunications carrier that uses switching purchased as unbundled network elements pursuant to § 51.307 of this chapter to provide the supported services shall receive the lesser of the unbundled network element price for switching or the per-line DEM support of the incumbent LEC, if any. A competitive eligible telecommunications carrier that uses loops purchased as unbundled network elements pursuant to § 51.307 of this chapter to provide the supported services shall receive the lesser of the unbundled network element price for the loop or the incumbent LEC's per-line payment from the high-cost loop support, LTS, and Interstate Common Line Support mechanisms, if any. The incumbent LEC providing nondiscriminatory access to unbundled network elements to such competitive eligible telecommunications carrier shall receive the difference between the level of universal service support provided to the competitive eligible telecommunications carrier and the per-customer level of support that the incumbent LEC would have received. ( 3 ) A competitive eligible telecommunications carrier that provides the supported services using neither unbundled network elements purchased pursuant to § 51.307 of this chapter nor wholesale service purchased pursuant to section 251(c)(4) of the Act will receive the full amount of universal service support that the incumbent LEC would have received for that customer. ( b ) In order to receive support pursuant to this subpart, a competitive eligible telecommunications carrier must report to the Administrator the number of working loops it serves in a service area pursuant to the schedule set forth in paragraph (c) of this section. For a competitive eligible telecommunications carrier serving loops in the service area of a rural incumbent local exchange carrier, as that term is defined in § 54.5 , the carrier must report, by customer class, the number of working loops it serves in the service area, disaggregated by cost zone if disaggregation zones have been established within the service area pursuant to § 54.315 . For a competitive eligible telecommunications carrier serving loops in the service area of a non-rural telephone company, the carrier must report the number of working loops it serves in the service area, by customer class if the non-rural telephone company receives Interstate Common Line Support pursuant to § 54.901 and by disaggregation zone if disaggregation zones have been established within the service area pursuant to § 54.315 of this subpart , and the number of working loops it serves in each wire center in the service area. For universal service support purposes, working loops are defined as the number of working Exchange Line C&WF loops used jointly for exchange and message telecommunications service, including C&WF subscriber lines associated with pay telephones in C&WF Category 1, but excluding WATS closed end access and TWX service. Competitive eligible telecommunications carriers providing mobile wireless service in an incumbent LEC's service area shall use the customer's billing address for purposes of identifying the service location of a mobile wireless customer in a service area. ( c ) A competitive eligible telecommunications carrier must submit the data required pursuant to paragraph (b) of this section according to the schedule. ( 1 ) No later than July 31st of each year, submit data as of December 31st of the previous calendar year; ( 2 ) No later than September 30th of each year, submit data as of March 31st of the existing calendar year; ( 3 ) No later than December 30th of each year, submit data as of June 30th of the existing calendar year; ( 4 ) No later than March 30th of each year, submit data as of September 30th of the previous calendar year. ( d ) Newly designated eligible telecommunications carriers. Notwithstanding the deadlines in paragraph (c) of this section, a carrier shall be eligible to receive support as of the effective date of its designation as an eligible telecommunications carrier under section 214(e)(2) or (e)(6), provided that it submits the data required pursuant to paragraph (b) of this section within 60 days of that effective date. Thereafter, the eligible telecommunications carrier must submit the data required in paragraph (b) of this section pursuant to the schedule in paragraph (c) of this section. ( e ) Support Beginning January 1, 2012. Competitive eligible telecommunications carriers will, beginning January 1, 2012, receive support based on the methodology described in this paragraph and not based on paragraph (a) of this section. ( 1 ) Baseline Support Amount. Each competitive eligible telecommunication carrier will have a “baseline support amount” equal to its total 2011 support in a given study area, or an amount equal to $3,000 times the number of reported lines for 2011, whichever is lower. Each competitive eligible telecommunications carrier will have a “monthly baseline support amount” equal to its baseline support amount divided by twelve. ( i ) “Total 2011 support” is the amount of support disbursed to a competitive eligible telecommunication carrier for 2011, without regard to prior period adjustments related to years other than 2011 and as determined by the Administrator on January 31, 2012. ( ii ) For the purpose of calculating the $3,000 per line limit, the average of lines reported by a competitive eligible telecommunication carrier pursuant to line count filings required for December 31, 2010, and December 31, 2011 shall be used. The $3,000 per line limit shall be applied to support amounts determined for each incumbent study area served by the competitive eligible telecommunications carrier. ( 2 ) Monthly support amounts. Competitive eligible telecommunications carriers shall receive the following support amounts, except as provided in paragraphs (e)(3) through (7) of this section. ( i ) From January 1, 2012, to June 30, 2012, each competitive eligible telecommunications carrier shall receive its monthly baseline support amount each month. ( ii ) From July 1, 2012 to June 30, 2013, each competitive eligible telecommunications carrier shall receive 80 percent of its monthly baseline support amount each month. ( iii ) Beginning July 1, 2013, each competitive eligible telecommunications carrier shall receive 60 percent of its monthly baseline support amount each month. ( 3 ) Delayed Phase Down for Remote Areas in Alaska. Certain competitive eligible telecommunications carriers serving remote areas in Alaska shall have their support phased down on a later schedule than that described in paragraph (e)(2) of this section. ( i ) Remote Areas in Alaska. For the purpose of this paragraph, “remote areas in Alaska” includes all of Alaska except; ( A ) The ACS-Anchorage incumbent study area; ( B ) The ACS-Juneau incumbent study area; ( C ) The fairbankszone1 disaggregation zone in the ACS-Fairbanks incumbent study area; and ( D ) The Chugiak 1 and 2 and Eagle River 1 and 2 disaggregation zones of the Matunuska Telephone Association incumbent study area. ( ii ) Carriers Subject to Delayed Phase Down. A competitive eligible telecommunications carrier shall be subject to the delayed phase down described in paragraph (e)(3) of this section to the extent that it serves remote areas in Alaska, and it certified that it served covered locations in its September 30, 2011, filing of line counts with the Administrator. To the extent a competitive eligible telecommunications carrier serving Alaska is not subject to the delayed phase down, it will be subject to the phase down of support on the schedule described in paragraph (e)(2) of this section. ( iii ) Baseline for Delayed Phase Down. For purpose of the delayed phase down for remote areas in Alaska, the baseline amount for each competitive eligible telecommunications carrier subject to the delayed phase down shall be the annualized monthly support amount received for June 2014 or the last full month prior to the implementation of Mobility Fund Phase II, whichever is later. ( iv ) Monthly Support Amounts. Competitive eligible telecommunications carriers subject to the delayed phase down for remote areas in Alaska shall receive the following support amounts, except as provided in paragraphs (e)(4) through (e)(6) of this section. ( A ) From July 1, 2014 to June 30, 2015, each competitive eligible telecommunications carrier shall receive 80 percent of its monthly baseline support amount each month. ( B ) From July 1, 2015, to June 30, 2016, each competitive eligible telecommunications carrier shall receive 60 percent of its monthly baseline support amount each month. ( C ) From July 1, 2016, to June 30, 2017, each competitive eligible telecommunications carrier shall receive 40 percent of its monthly baseline support amount each month. ( D ) From July 1, 2017, to June 30, 2018, each competitive eligible telecommunications carrier shall receive 20 percent of its monthly baseline support amount each month. ( E ) Beginning July 1, 2018, no competitive eligible telecommunications carrier serving remote areas in Alaska shall receive universal service support pursuant to this section. ( v ) Interim Support for Remote Areas in Alaska. From January 1, 2012, until June 30, 2014 or the last full month prior to the implementation of Mobility Fund Phase II, whichever is later, competitive eligible telecommunications carriers subject to the delayed phase down for remote areas in Alaska shall continue to receive the support, as calculated by the Administrator, that each competitive telecommunications carrier would have received under the frozen per-line support amount as of December 31, 2011 capped at $3,000 per year, provided that the total amount of support for all such competitive eligible telecommunications carriers shall be capped pursuant to paragraph (e)(3)(v)(A) of this section. ( A ) Cap Amount. The total amount of support available on an annual basis for competitive eligible telecommunications carriers subject to the delayed phase down for remote areas in Alaska shall be equal to the sum of “total 2011 support,” as defined in paragraph (e)(1)(i) of this section, received by all competitive eligible telecommunications carriers subject to the delayed phase down for serving remote areas in Alaska. ( B ) Reduction Factor. To effectuate the cap, the Administrator shall apply a reduction factor as necessary to the support that would otherwise be received by all competitive eligible telecommunications carriers serving remote areas in Alaska subject to the delayed phase down. The reduction factor will be calculated by dividing the total amount of support available amount by the total support amount calculated for those carriers in the absence of the cap. ( 4 ) Further reductions. If a competitive eligible telecommunications carrier ceases to provide services to high-cost areas it had previously served, the Commission may reduce its baseline support amount. ( 5 ) Eligibility for interim support before 5G Fund Phase I auction. Beginning the first day of the month following the effective date of the Report and Order, FCC 20-150, a competitive eligible telecommunications carrier that receives support pursuant to paragraph (a) or (e)(2) of this section shall no longer receive such support and shall instead receive support as described in this paragraph. ( i ) A competitive eligible telecommunications carrier that is not a mobile competitive eligible telecommunications carrier, as that term is defined in § 54.5 , shall no longer receive monthly baseline support. ( ii ) Until the first day of the month following the release of a public notice by the Office of Economics and Analytics and Wireline Competition Bureau announcing the final areas eligible for support in the 5G Fund Phase I auction: ( A ) A mobile competitive eligible telecommunications carrier that receives support pursuant to paragraph (a) of this section shall receive “monthly baseline support” in an amount equal to one-twelfth ( 1 ⁄ 12 ) of its total support received for the preceding 12-month period. ( B ) A mobile competitive eligible telecommunications carrier that receives support pursuant to paragraph (e)(2) of this section shall receive support at the same level described in paragraph (e)(2)(iii) of this section. ( iii ) Beginning the first day of the month following the release of a public notice by the Office of Economics and Analytics and Wireline Competition Bureau announcing the final areas eligible for support in the 5G Fund Phase I auction and until the first day of the month following release of a public notice announcing the close of the 5G Fund Phase I auction, a mobile competitive eligible telecommunications carrier that receives support pursuant to paragraph (e)(5)(ii) of this section for any such eligible area shall receive an adjusted, disaggregated amount of monthly support for that area, which shall be calculated by multiplying the monthly support level described in paragraph (e)(5)(ii) of this section by the areal percentage of the eligible portion of the competitive eligible telecommunications carrier's service area, weighted by applying the 5G Fund adjustment factor methodology and values adopted by the Office of Economics and Analytics and Wireline Competition Bureau and announced in a public notice. ( iv ) Beginning the first day of the month following the release of a public notice by the Office of Economics and Analytics and Wireline Competition Bureau announcing the final areas eligible for support in the 5G Fund Phase I auction, a mobile competitive eligible telecommunications carrier that receives support pursuant paragraph (e)(5)(ii) of this section for any ineligible area shall receive an adjusted, disaggregated amount of monthly support for that area, which shall be calculated by multiplying the monthly support level described in paragraph (e)(5)(ii) of this section by the areal percentage of the ineligible portion of the competitive eligible telecommunications carrier's service area, weighted by applying the 5G Fund adjustment factor methodology and values adopted by the Office of Economics and Analytics and Wireline Competition Bureau and announced in a public notice, and reduced as follows: ( A ) For the first 12 months, each mobile competitive eligible telecommunications carrier shall receive monthly support that is two-thirds ( 2 ⁄ 3 ) of the level described in paragraph (e)(5)(iv) of this section for the ineligible area. ( B ) For 12 months starting the first day of the month following the period described in paragraph (e)(5)(iv)(A) of this section, each mobile competitive eligible telecommunications carrier shall receive monthly support that is one-third ( 1 ⁄ 3 ) of the level described in paragraphs (e)(5)(iv) of this section for the ineligible area. ( C ) Following the period described in paragraph (e)(5)(iv)(B) of this section, no mobile competitive eligible telecommunications carrier shall receive monthly support for any ineligible area pursuant to this section. ( 6 ) Eligibility for support after 5G Fund Phase I auction. ( i ) Notwithstanding the schedule described in paragraph (e)(5)(iii) of this section, a mobile competitive eligible telecommunications carrier that receives monthly support pursuant to paragraph (e)(5)(iii) of this section and is a winning bidder in the 5G Fund Phase I auction shall continue to receive support at the same level it was receiving support for such area at the time of the release of a public notice announcing the close of the 5G Fund Phase I auction until such time as the Office of Economics and Analytics and Wireline Competition Bureau determine whether or not to authorize the carrier to receive 5G Fund Phase I support. ( A ) Upon the Office of Economics and Analytics and Wireline Competition Bureau's release of a public notice approving a mobile competitive eligible telecommunications carrier's application for support submitted pursuant to § 54.1014(b) and authorizing the carrier to receive 5G Fund Phase I support, the carrier shall no longer receive support at the level of monthly support described in paragraph (e)(5)(iii) of this section for such area. Thereafter, the carrier shall receive monthly support in the amount of its 5G Fund Phase I winning bid pursuant to § 54.1017 , provided that the Administrator shall decrease the amount of the carrier's support to the extent necessary to account for any support the carrier received during the period between the close of the 5G Fund Phase I auction and the release of the public notice authorizing the carrier to receive 5G Fund Phase I support. ( B ) A mobile competitive eligible telecommunications carrier that is a winning bidder in the 5G Fund Phase I auction but is not subsequently authorized to receive 5G Fund Phase I support shall no longer receive support at the level of monthly support described in paragraph (e)(5)(iii) of this section for such area following the determination not to authorize the carrier for 5G Fund Phase I support. Thereafter, the carrier shall receive monthly support as set forth in paragraph (e)(6)(iv) of this section for such area, provided that the Administrator shall decrease the amount of the carrier's support to the extent necessary to account for any support the carrier received during the period between the close of the 5G Fund Phase I auction and the Office of Economics and Analytics and Wireline Competition Bureau's authorization determination. ( ii ) A mobile competitive eligible telecommunications carrier that does not receive monthly support pursuant to this section and is a winning bidder in the 5G Fund Phase I auction shall receive monthly support pursuant to § 54.1017 . ( iii ) A mobile eligible telecommunications carrier that receives monthly support pursuant to paragraph (e)(5)(iii) of this section for an area for which support is not won in the 5G Fund Phase I auction shall continue to receive support at the level of monthly support described in paragraph (e)(5)(iii) of this section provided that it is the carrier receiving the minimum level of sustainable support for the area, but for no more than 60 months from the first day of the month following the release of a public notice by the Office of Economics and Analytics and Wireline Competition Bureau announcing the close of the 5G Fund Phase I auction. The “minimum level of sustainable support” is the lowest monthly support received by a mobile competitive eligible telecommunications carrier for the area that has deployed the highest level of technology ( e.g., 5G) within the state encompassing the area. ( iv ) All other mobile competitive eligible telecommunications carriers that receive monthly support pursuant to paragraph (e)(5)(iii) of this section for eligible areas shall instead receive the following monthly support amounts for such areas: ( A ) For 12 months starting the first day of the month following release of a public notice announcing the close of the 5G Fund Phase I auction, each mobile competitive eligible telecommunications carrier shall receive monthly support that is two-thirds ( 2 ⁄ 3 ) of the level described in paragraph (e)(5)(iii) of this section for the area. ( B ) For 12 months starting the month following the period described in paragraph (e)(6)(iv)(A) of this section, each mobile competitive eligible telecommunications carrier shall receive monthly support that is one-third ( 1 ⁄ 3 ) of the level described in paragraph (e)(5)(iii) of this section for the area. ( C ) Following the period described in paragraph (e)(6)(iv)(B) of this section, no mobile competitive eligible telecommunications carrier shall receive monthly support for the area pursuant to this section. ( 7 ) Eligibility for support after 5G Fund Phase II auction. ( i ) Notwithstanding the schedule described in paragraphs (e)(6)(iii) or (iv) of this section, a mobile competitive eligible telecommunications carrier that receives monthly support pursuant to paragraphs (e)(6)(iii) or (iv) of this section, as applicable, and is a winning bidder in the 5G Fund Phase II auction shall receive support at the same level it was receiving support for such area at the time of the release of a public notice announcing the close of the 5G Fund Phase II auction until such time as the Office of Economics and Analytics and Wireline Competition Bureau determine whether or not to authorize the carrier to receive 5G Fund Phase II support. ( A ) Upon the Office of Economics and Analytics and Wireline Competition Bureau's release of a public notice approving a mobile competitive eligible telecommunications carrier's application for support submitted pursuant to § 54.1014(b) and authorizing the carrier to receive 5G Fund Phase II support, the carrier shall no longer receive support at the level of monthly support pursuant to this section for such area. Thereafter, the carrier shall receive monthly support in the amount of its 5G Fund Phase II winning bid pursuant to § 54.1017 , provided that the Administrator shall decrease the amount of the carrier's support to the extent necessary to account for any support the carrier received during the period between the close of the 5G Fund Phase II auction and the release of the public notice authorizing the carrier to receive 5G Fund Phase II support. ( B ) A mobile competitive eligible telecommunications carrier that is a winning bidder in the 5G Fund Phase II auction but is not subsequently authorized to receive 5G Fund Phase II support shall no longer receive support at the level of monthly support pursuant to paragraph (e)(6)(iii) or (iv) of this section for such area, as applicable, following the determination not to authorize the carrier for 5G Fund Phase II support. Thereafter, the carrier shall receive monthly support as set forth in paragraphs (e)(7)(iv) or (v) of this section for such area, as applicable, provided that the Administrator shall decrease the amount of the carrier's support to the extent necessary to account for any support received during the period between the close of the 5G Fund Phase II auction and the Office of Economics and Analytics and Wireline Competition Bureau's authorization determination. ( ii ) A mobile competitive eligible telecommunications carrier that does not receive monthly support pursuant to this section and is a winning bidder in the 5G Fund Phase II auction shall receive monthly support pursuant to § 54.1017 . ( iii ) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to paragraph (e)(6)(iii) of this section for an area for which support is not won in the 5G Fund Phase II auction shall continue to receive support for that area as described in paragraph (e)(6)(iii) of this section. ( iv ) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to paragraph (e)(6)(iii) of this section for an area for which support is won in the 5G Fund Phase II auction and for which the carrier is not the winning bidder shall receive the following monthly support amounts for such areas: ( A ) For 12 months starting the first day of the month following release of a public notice announcing the close of the 5G Fund Phase II auction, the mobile competitive eligible telecommunications carrier shall receive monthly support that is two-thirds ( 2 ⁄ 3 ) of the level described in paragraph (e)(6)(iii) of this section for the area. ( B ) For 12 months starting the month following the period described in paragraph (e)(7)(iv)(A) of this section, the mobile competitive eligible telecommunications carrier shall receive monthly support that is one-third ( 1 ⁄ 3 ) of the level described in paragraph (e)(6)(iii) of this section for the area. ( C ) Following the period described in paragraph (e)(7)(iv)(B) of this section, the mobile competitive eligible telecommunications carrier shall not receive monthly support for the area pursuant to this section. ( v ) All other mobile competitive eligible telecommunications carriers that receive monthly support pursuant to paragraph (e)(6)(iv) of this section for an area shall continue to receive support for the area pursuant to that paragraph. ( 8 ) Line Count Filings. Competitive eligible telecommunications carriers, except those subject to the delayed phase down described in paragraph (e)(3) of this section, shall no longer be required to file line counts beginning January 1, 2012. Competitive eligible telecommunications carriers subject to the delayed phase down described in paragraph (e)(3) of this section shall no longer be required to file line counts beginning July 1, 2014, or the date after the first line count filing following the implementation of Mobility Fund Phase II, whichever is later. ( 9 ) Eligibility for support after Connect America Phase II auction. Starting the first day of the month following the first authorization of Connect America Phase II auction support nationwide, fixed competitive eligible telecommunications carriers shall have the option of receiving support pursuant to paragraph (e)(2)(iii) of this section as described in the following paragraphs (e)(8)(i) through (iv): ( i ) For 12 months following the first authorization of Connect America Phase II auction support nationwide, each fixed competitive eligible telecommunications carrier shall receive two-thirds ( 2 ⁄ 3 ) of the carrier's total support pursuant to paragraph (e)(2)(iii) of this section. ( ii ) For 12 months starting the month following the period described in paragraph (e)(8)(i) of this section, each fixed competitive eligible telecommunications carrier shall receive one-third ( 1 ⁄ 3 ) of the carrier's total support pursuant to paragraph (e)(2)(iii) of this section. ( iii ) Following the period described in paragraph (e)(8)(ii) of this section, no fixed competitive eligible telecommunications carrier shall receive any support pursuant to paragraph (e)(2)(iii) of this section. ( iv ) Notwithstanding the foregoing schedule, the phase-down of support below the level described in paragraph (e)(2)(iii) of this section shall be subject to the restrictions in Consolidated Appropriations Act, 2016, Public Law 114-113 , Div. E, Title VI, section 631, 129 Stat. 2242, 2470 (2015), unless and until such restrictions are no longer in effect. [ 62 FR 32948 , June 17, 1997, as amended at 63 FR 2128 , Jan. 13, 1998; 64 FR 67431 , Dec. 1, 1999; 65 FR 26516 , May 8, 2000; 66 FR 30087 , June 5, 2001; 66 FR 59726 , Nov. 30, 2001; 68 FR 31623 , May 28, 2003; 69 FR 34602 , June 22, 2004; 70 FR 29979 , May 25, 2005; 76 FR 73871 , Nov. 29, 2011; 77 FR 14302 , Mar. 9, 2012; 77 FR 30913 , May 24, 2012; 77 FR 52618 , Aug. 30, 2012; 82 FR 15449 , Mar. 28, 2017; 84 FR 8623 , Mar. 11, 2019; 85 FR 75817 , Nov. 25, 2020] § 54.308 Broadband public interest obligations for recipients of high-cost support. ( a ) Rate-of-return carrier recipients of high-cost support are required to offer broadband service, at speeds described below, with latency suitable for real-time applications, including Voice over Internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas, at rates that are reasonably comparable to rates for comparable offerings in urban areas. For purposes of determining reasonable comparability of rates, recipients are presumed to meet this requirement if they offer rates at or below the applicable benchmark to be announced annually by public notice issued by the Wireline Competition Bureau. ( 1 ) Carriers that have elected to receive Connect America Fund-Alternative Connect America Cost Model (CAF-ACAM) support pursuant to § 54.311 , other than Enhanced A-CAM support, are required to offer broadband service at actual speeds of at least 10 Mbps downstream/1 Mbps upstream to a defined number of locations as specified by public notice, with a minimum usage allowance of 150 GB per month, subject to the requirement that usage allowances remain consistent with mean usage in the United States over the course of the term. In addition, such carriers must offer other speeds to subsets of locations, as specified in paragraphs (a)(1)(i) through (v) of this section: ( i ) Fully funded locations. Fully funded locations are those locations identified by the Alternative-Connect America Cost Model (A-CAM) where the average cost is above the funding benchmark and at or below the funding cap. Carriers are required to offer broadband speeds to locations that are fully funded, as specified by public notice at the time of authorization, as follows: ( A ) Carriers with a state-level density of more than 10 housing units per square mile, as specified by public notice at the time of election, are required to offer broadband speeds of at least 25 Mbps downstream/3 Mbps upstream to 75 percent of all fully funded locations in the state by the end of the ten-year period. ( B ) Carriers with a state-level density of 10 or fewer, but more than five, housing units per square mile, as specified by public notice at the time of election, are required to offer broadband speeds of at least 25 Mbps downstream/3 Mbps upstream to 50 percent of fully funded locations in the state by the end of the ten-year period. ( C ) Carriers with a state-level density of five or fewer housing units per square mile, as specified by public notice at the time of election, are required to offer broadband speeds of at least 25 Mbps downstream/3 Mbps upstream to 25 percent of fully funded locations in the state by the end of the ten-year period. ( ii ) Capped locations. Capped locations are those locations in census blocks for which A-CAM calculates an average cost per location above the funding cap. Carriers are required to offer broadband speeds to locations that are receiving capped support, as specified by public notice at the time of authorization, as follows: ( A ) Carriers with a state-level density of more than 10 housing units per square mile, as specified by public notice at the time of election, are required to offer broadband speeds of at least 4 Mbps downstream/1 Mbps upstream to 50 percent of all capped locations in the state by the end of the ten-year period. ( B ) Carriers with a state-level density of 10 or fewer housing units per square mile, as specified by public notice at the time of election, are required to offer broadband speeds of at least 4 Mbps downstream/1 Mbps upstream to 25 percent of capped locations in the state by the end of the ten-year period. ( C ) Carriers shall provide to all other capped locations, upon reasonable request, broadband at actual speeds of at least 4 Mbps downstream/1 Mbps upstream. ( iii ) Revised A-CAM I carriers, as defined by § 54.311(a)(2) , must offer the following broadband speeds to locations that are fully funded, as specified by public notice at the time of the authorizations, as follows: ( A ) Revised A-CAM I carriers with a state-level density of more than 10 housing units per square mile, as specified by public notice at the time of election, are required to offer broadband speeds of at least 25 Mbps downstream/3 Mbps upstream to 85 percent of all fully funded locations in the state by the end of the term. ( B ) Revised A-CAM I carriers with a state-level density of 10 or fewer, but more than five, housing units per square mile, as specified by public notice at the time of election, are required to offer broadband speeds of at least 25 Mbps downstream/3 Mbps upstream to 65 percent of fully funded locations in the state by the end of the term. ( C ) Revised A-CAM I carriers with a state-level density of five or fewer housing units per square mile, as specified by public notice at the time of election, are required to offer broadband speeds of at least 25 Mbps downstream/3 Mbps upstream to 50 percent of fully funded locations in the state by the end of the term. ( iv ) A-CAM II carriers, as defined by § 54.311(a)(3) , must offer broadband speeds of at least 25 Mbps downstream/3 Mbps upstream to 100 percent of fully funded locations in the state by the end of the term, and therefore have no additional 10/1 Mbps obligation. ( v ) After December 31, 2023, to the extent that an Enhanced A-CAM carrier was previously subject to the foregoing deployment obligations pursuant to A-CAM I, Revised A-CAM I, or A-CAM II, the Enhanced A-CAM carrier will instead be subject to § 54.308(a)(3) . ( 2 ) Rate-of-return recipients of Connect America Fund Broadband Loop Support (CAF BLS) shall be required to offer broadband service at actual speeds of at least 25 Mbps downstream/3 Mbps upstream, over a five-year period, to a defined number of unserved locations as specified by public notice, as determined by the following methodology: ( i ) Percentage of CAF BLS. Each rate-of-return carrier is required to target a defined percentage of its five-year forecasted CAF BLS support to the deployment of broadband service to locations that are unserved with 25 Mbps downstream/3 Mbps upstream broadband service as follows: ( A ) Rate-of-return carriers with less than 20 percent deployment of 25/3 Mbps broadband service in their study areas, as determined by the Bureau, will be required to use 35 percent of their five-year forecasted CAF BLS support to extend broadband service where it is currently lacking. ( B ) Rate-of-return carriers with more than 20 percent but less than 40 percent deployment of 25/3 Mbps broadband service in their study areas, as determined by the Bureau, will be required to use 25 percent of their five-year forecasted CAF BLS support to extend broadband service where it is currently lacking. ( C ) Rate-of-return carriers with more than 40 percent deployment of 25/3 Mbps broadband service in their study areas, as determined by the Bureau, will be required to use 20 percent of their five-year forecasted CAF BLS support to extend broadband service where it is currently lacking. ( ii ) Cost per location. The deployment obligation shall be determined by dividing the amount of support set forth in paragraph (a)(2)(i) of this section by a cost per location figure based on one of two methodologies, at the carrier's election: ( A ) The higher of: ( 1 ) The weighted average unseparated cost per loop for carriers of similar density that offer 25/3 Mbps or better broadband service to at least 95 percent of locations, based on the most current FCC Form 477 data as determined by the Bureau, but excluding carriers subject to the current per-line per-month cap set forth in § 54.302 and carriers subject to limitations on operating expenses set forth in § 54.303 ; or ( 2 ) 150% of the weighted average of the cost per loop for carriers of similar density, but excluding carriers subject to the per line per month cap set forth in § 54.302 and carriers subject to limitations on operating expenses set forth in § 54.303 , with a similar level of deployment of 25/3 Mbps or better broadband based on the most current FCC Form 477 data, as determined by Bureau; or ( B ) The average cost per location for census blocks lacking 25/3 Mbps broadband service in the carrier's study area as determined by the A-CAM. ( iii ) Restrictions on deployment obligations. No rate-of-return carrier shall deploy terrestrial wireline technology in any census block if doing so would result in total support per line in the study area to exceed the per-line per-month cap in § 54.302 . ( iv ) Future deployment obligations. Prior to publishing the deployment obligations for subsequent five-year periods, the Administrator shall update the unseparated average cost per loop amounts for carriers with 95 percent or greater deployment of the then-current standard, based on the then-current NECA cost data, and the Wireline Competition Bureau shall examine the density groupings and make any necessary adjustments based on then-current U.S. Census data. ( 3 ) An Enhanced A-CAM carrier, as defined by § 54.311(a)(4) , must offer broadband speeds of at least 100 Mbps downstream/20 Mbps upstream to 100 percent of locations in its study areas within the state by the end of 2028. ( i ) Enhanced A-CAM required locations are those locations identified in the National Broadband Map within the carrier's service area where voice and terrestrial broadband services of speeds 100 Mbps downstream/20 Mbps upstream or faster are not yet available or lack an enforceable commitment for deployment of such broadband service. In the context of Enhanced A-CAM, an enforceable commitment exists where a carrier commits to deploying broadband service as a condition of any federal or state grants or other funding. The Wireline Competition Bureau shall provide a list of Enhanced A-CAM required locations for each carrier concurrently with the Enhanced A-CAM offer pursuant to § 54.311(a) , and will update such list to reflect any additional information related locations, broadband coverage, or enforceable commitments determined to have existed at the time of the offer. ( ii ) An Enhanced A-CAM carrier that has reported deployment of 100 Mbps downstream/20 Mbps upstream or faster service to particular locations in its Enhanced A-CAM study area(s) in the National Broadband Map or the Universal Service Administrative Company's High Cost Universal Broadband Portal must maintain the same or faster service at those locations through the end of the Enhanced A-CAM term. ( b ) Rate-of-return carrier recipients of high-cost support are required upon reasonable request to bid on category one telecommunications and Internet access services in response to a posted FCC Form 470 seeking broadband service that meets the connectivity targets for the schools and libraries universal service support program for eligible schools and libraries (as described in § 54.501 ) within that carrier's service area. Such bids must be at rates reasonably comparable to rates charged to eligible schools and libraries in urban areas for comparable offerings. ( c ) Alaskan rate-of-return carriers receiving support from the Alaska Plan pursuant to § 54.306 are exempt from paragraph (a) of this section and are instead required to offer voice and broadband service with latency suitable for real-time applications, including Voice over Internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas, at rates that are reasonably comparable to rates for comparable offerings in urban areas, subject to any limitations in access to backhaul as described in § w(g). Alaska Plan recipients' specific broadband deployment and speed obligations shall be governed by the terms of their approved performance plans as described in § 54.306(b) . Alaska Plan recipients must also comply with paragraph (b) of this section. ( d ) Mobile carriers that are receiving support from the Alaska Plan pursuant to § 54.317(e) shall certify in their annual compliance filings that their rates are reasonably comparable to rates for comparable offerings in urban areas. The mobile carrier must also demonstrate compliance at the end of the five-year milestone and 10-year milestone and may do this by showing that its required stand-alone voice plan, and one service plan that offers broadband data services, if it offers such plans, are: ( 1 ) Substantially similar to a service plan offered by at least one mobile wireless service provider in the cellular market area (CMA) for Anchorage, Alaska, and ( 2 ) Offered for the same or a lower rate than the matching plan in the CMA for Anchorage. ( e ) Enhanced A-CAM Cybersecurity and Supply Chain Risk Management Requirements. ( 1 ) An Enhanced A-CAM carrier shall implement operational cybersecurity and supply chain risk management plans meeting the requirements of this section by January 1, 2024. ( 2 ) An Enhanced A-CAM carrier shall certify that it has implemented plans required under paragraph (e)(1) of this section and submit the plans to the Administrator by January 2, 2024 or within 30 days of approval under the Paperwork Reduction Act, whichever is later. ( 3 ) Enhanced A-CAM carriers that fail to comply with Enhanced A-CAM cybersecurity and supply chain risk management requirements are subject to the following non-compliance measures: ( i ) The Wireline Competition Bureau shall direct the Administrator to withhold 25 percent of the Enhanced A-CAM carrier's monthly support for failure to comply with paragraph (e)(2) of this section until the carrier makes the required certification and submits the required plans. ( ii ) At any time during the support term, if an Enhanced A-CAM carrier does not have in place operational cybersecurity and supply chain risk management plans meeting the requirements of this section, Wireline Competition Bureau shall direct the Administrator to withhold 25 percent of the carrier's monthly support. ( iii ) Once the carrier comes into compliance, the Administrator shall stop withholding support, and the carrier will receive all of the support that had been withheld pursuant to this section. ( 4 ) An Enhanced A-CAM carrier's cybersecurity risk management plans shall reflect the latest version of the National Institute of Standards and Technology (NIST) Framework for Improving Critical Infrastructure Cybersecurity, and shall reflect an established set of cybersecurity best practices, such as the standards and controls set forth in the Cybersecurity & Infrastructure Security Agency (CISA) Cybersecurity Cross-sector Performance Goals and Objectives or the Center for Internet Security Critical Security Controls. ( 5 ) An Enhanced A-CAM carrier's supply chain risk management plans shall incorporate the key practices discussed in NISTIR 8276, Key Practices in Cyber Supply Chain Risk Management: Observations from Industry, and related supply chain risk management guidance from NIST 800-161. ( 6 ) If an Enhanced A-CAM carrier makes a substantive modification to its plans under this section, the carrier shall file an updated plan with the Administrator within 30 days of making the modification. A modification to a plan under this section is substantive if at least one of the following conditions apply: ( i ) There is a change in the plan's scope, including any addition, removal, or significant alternation to the types of risks covered by the plan ( e.g., expanding a plan to cover new areas such as supply chain risks to Internet of Things devices or cloud security could be a substantive change); ( ii ) There is a change in the plan's risk mitigation strategies ( e.g., implementing a new encryption protocol or deploying a different firewall architecture); ( iii ) There is a shift in organizational structure ( e.g., creating a new information technology department or hiring a Chief Information Security Officer); ( iv ) There is a shift in the threat landscape prompting the organization to recognize that emergence of new threats or vulnerabilities that weren't previously accounted for in the plan; ( v ) Any updates made to comply with new cybersecurity regulations, standards, or laws; ( vi ) Significant changes in the supply chain, including offboarding major suppliers or vendors, or shifts in procurement strategies that may impact the security of the supply chain; or ( vii ) Any large-scale technological changes, including the adoption of new systems or technologies, migrating to a new information technology infrastructure, or significantly changing the information technology architecture. [ 80 FR 4477 , Jan. 27, 2015, as amended at 80 FR 5987 , Feb. 4, 2015; 81 FR 24339 , Apr. 25, 2016; 81 FR 69712 , Oct. 7, 2016; 82 FR 14339 , Mar. 20, 2017; 84 FR 4730 , Feb. 19, 2019; 88 FR 55934 , Aug. 17, 2023] § 54.309 Connect America Fund Phase II Public Interest Obligations. ( a ) Recipients of Connect America Phase II support are required to offer broadband service with latency suitable for real-time applications, including Voice over Internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas, at rates that are reasonably comparable to rates for comparable offerings in urban areas. For purposes of determining reasonable comparable usage capacity, recipients are presumed to meet this requirement if they meet or exceed the usage level announced by public notice issued by the Wireline Competition Bureau. For purposes of determining reasonable comparability of rates, recipients are presumed to meet this requirement if they offer rates at or below the applicable benchmark to be announced annually by public notice issued by the Wireline Competition Bureau, or no more than the non-promotional prices charged for a comparable fixed wireline service in urban areas in the state or U.S. Territory where the eligible telecommunications carrier receives support. ( 1 ) Recipients of Connect America Phase II model-based support are required to offer broadband service at actual speeds of at least 10 Mbps downstream/1 Mbps upstream. ( 2 ) Recipients of Connect America Phase II support awarded through a competitive bidding process are required to offer broadband service meeting the performance standards required in bid tiers based on performance standards. ( i ) Winning bidders meeting the minimum performance tier standards are required to offer broadband service at actual speeds of 10 Mbps downstream and 1 Mbps upstream and to offer at least 150 gigabytes of monthly usage. ( ii ) Winning bidders meeting the baseline performance tier standards are required to offer broadband service at actual speeds of at least 25 Mbps downstream and 3 Mbps upstream and offer a minimum usage allowance of 150 GB per month, or that reflects the average usage of a majority of fixed broadband customers, using Measuring Broadband America data or a similar data source, whichever is higher, and announced annually by public notice issued by the Wireline Competition Bureau over the 10-year term. ( iii ) Winning bidders meeting the above-baseline performance tier standards are required to offer broadband service at actual speeds of at least 100 Mbps downstream and 20 Mbps upstream and offer at least 2 terabytes of monthly usage. ( iv ) Winning bidders meeting the Gigabit performance tier standards are required to offer broadband service at actual speeds of at least 1 Gigabit per second downstream and 500 Mbps upstream and offer at least 2 terabytes of monthly usage. ( v ) For each of the tiers in paragraphs (a)(2)(i) through (iv) of this section, bidders are required to meet one of two latency performance levels: ( A ) Low latency bidders will be required to meet 95 percent or more of all peak period measurements of network round trip latency at or below 100 milliseconds; and ( B ) High latency bidders will be required to meet 95 percent or more of all peak period measurements of network round trip latency at or below 750 ms and, with respect to voice performance, demonstrate a score of four or higher using the Mean Opinion Score (MOS). ( b ) Recipients of Connect America Phase II model-based support, recipients of Phase II Connect America support awarded through a competitive bidding process, and non-contiguous price cap carriers receiving Phase II frozen support in lieu of model-based support are required to bid on category one telecommunications and Internet access services in response to a posted FCC Form 470 seeking broadband service that meets the connectivity targets for the schools and libraries universal service support program for eligible schools and libraries (as described in § 54.501 ) located within any area in a census block where the carrier is receiving Phase II model-based support. Such bids must be at rates reasonably comparable to rates charged to eligible schools and libraries in urban areas for comparable offerings. [ 80 FR 4477 , Jan. 27, 2015, as amended at 80 FR 5987 , Feb. 4, 2015; 81 FR 44448 , July 7, 2016; 83 FR 23380 , May 21, 2018] § 54.310 Connect America Fund for Price Cap Territories—Phase II. ( a ) Geographic areas eligible for support. Connect America Phase II support may be made available for census blocks or other areas identified as eligible by public notice, including locations identified by the forward-looking cost model as extremely high-cost. The number of supported locations will be identified for each area eligible for support will be identified by public notice. ( b ) Term of support. Connect America Phase II model-based support shall be provided to price cap carriers that elect to make a state-level commitment for six years. Connect America Phase II support awarded through a competitive bidding process shall be provided for ten years. ( c ) Deployment obligation. Recipients of Connect America Phase II model-based support must complete deployment to 40 percent of supported locations by December 31, 2017, to 60 percent of supported locations by December 31, 2018, to 80 percent of supported locations by December 31, 2019, and to 100 percent of supported locations by December 31, 2020. Recipients of Connect America Phase II support awarded through a competitive bidding process, including New York's New NY Broadband Program, must complete deployment to 40 percent of supported locations by December 31, 2022, to 60 percent of supported locations December 31, 2023, to 80 percent of supported locations by December 31, 2024, and to 100 percent of supported locations by December 31, 2025. Compliance shall be determined based on the total number of supported locations in a state. ( 1 ) For purposes of meeting the obligation to deploy to the requisite number of supported locations in a state, recipients of Connect America Phase II model-based support may serve unserved locations in census blocks with costs above the extremely high-cost threshold instead of locations in eligible census blocks, provided that they meet the public interest obligations set forth in § 54.309(a) introductory text and (a)(1) for those locations and provided that the total number of locations covered is greater than or equal to the number of supported locations in the state. ( 2 ) Recipients of Connect America Phase II support may elect to deploy to 95 percent of the number of supported locations in a given state with a corresponding reduction in support computed based on the average support per location in the state times 1.89. ( d ) Disbursement of Phase II funding. An eligible telecommunications carrier will be advised by public notice when it is authorized to receive support. The public notice will detail how disbursements will be made. ( e ) Provider eligibility. Any eligible telecommunications carrier is eligible to receive Connect America Phase II support in eligible areas. ( 1 ) An entity may obtain eligible telecommunications carrier designation after public notice of winning bidders in a competitive bidding process for the offer of Phase II Connect America support. An applicant in the competitive bidding process shall certify that it is financially and technically qualified to provide the services supported by Connect America Phase II in order to receive such support. ( 2 ) To the extent an applicant in the competitive bidding process seeks eligible telecommunications carrier designation prior to public notice of winning bidders for Phase II Connect America support, its designation as an eligible telecommunications carrier may be conditional subject to the receipt of Phase II Connect America support. ( f ) Transition to model-based support. Eligible telecommunications carriers electing model-based support in states where that support is less than their Phase I frozen support will transition to model-based support as follows: In addition to model-based support, in the first year of Phase II, they will receive 75% of the difference between Phase I frozen support and model-based support; in the second year of Phase II, they will receive 50% of the difference between Phase I frozen support and model-based support; and in the third year of Phase II, they will receive 25% of the difference between Phase I frozen support and model-based support. ( g ) Extended term of model-based support. Eligible telecommunications carriers receiving model-based support may elect to receive a seventh year of such support. An eligible telecommunications carrier electing to receive this additional year of support makes a state-level commitment to maintain the required voice and broadband services in the areas for which it receives support during this extended term. The Wireline Competition Bureau will implement a mechanism to enable an eligible telecommunications carrier to elect whether to receive an additional seventh year of support. ( h ) Transition to Rural Digital Opportunity Fund support. ( 1 ) In areas where the eligible telecommunications carrier elects to receive an optional seventh year of model-based support pursuant to paragraph (g) of this section, it shall receive such support for a full calendar year, regardless of the disposition of these areas in the Rural Digital Opportunity Fund auction. ( i ) If the eligible telecommunications carrier becomes the winning bidder in the Rural Digital Opportunity Fund auction in these areas, it shall continue to receive model-based support through December 31, 2021. Thereafter, it shall receive monthly support in the amount of its Rural Digital Opportunity Fund winning bid. ( ii ) If another provider is the winning bidder in the Rural Digital Opportunity Fund auction in these areas, the new provider shall receive monthly support in the amount of its Rural Digital Opportunity Fund winning bid starting the first day of the month following its authorization by the Wireline Competition Bureau. The eligible telecommunications carrier shall continue to receive model-based support for these areas through December 31, 2021. ( iii ) If there is no authorized Rural Digital Opportunity Fund auction support recipient in these areas or if these areas are deemed ineligible for the Rural Digital Opportunity Fund auction, the eligible telecommunications carrier shall continue to receive model-based support for these areas through December 31, 2021. Thereafter, it shall receive no additional support. ( 2 ) In areas where the eligible telecommunications carrier declines to receive an optional seventh year of model-based support pursuant to paragraph (g) of this section, it shall cease receiving model-based support for these areas on December 31, 2020. [ 79 FR 11335 , Feb. 28, 2014, as amended at 79 FR 39188 , July 9, 2014; 80 FR 4477 , Jan. 27, 2015; 81 FR 44449 , July 7, 2016; 85 FR 13797 , Mar. 10, 2020; 89 FR 25160 , Apr. 10, 2024] § 54.311 Connect America Fund Alternative-Connect America Cost Model Support. ( a ) Voluntary election of model-based support. A rate-of-return carrier (as that term is defined in § 54.5 ) receiving support pursuant to subparts K or M of this part shall have the opportunity to voluntarily elect, on a state-level basis, to receive Connect America Fund-Alternative Connect America Cost Model (CAF-ACAM) support as calculated by the Alternative-Connect America Cost Model (A-CAM) adopted by the Commission in lieu of support calculated pursuant to subparts K or M of this part , subject to the conditions specific to each A-CAM offer as determined by the Commission. Any rate-of-return carrier not electing support pursuant to this section shall continue to receive support calculated pursuant to those mechanisms as specified in Commission rules for high-cost support. ( 1 ) For the purposes of this section, “A-CAM I” refers to carriers initially authorized to receive CAF-ACAM support as of January 24, 2017, including any carriers that later elected revised offers, except for carriers described in paragraph (a)(2) of this section. For such carriers, the first program year of CAF-ACAM is 2017. ( 2 ) For the purposes of this section, “Revised A-CAM I” refers to carriers initially authorized to receive CAF-ACAM support as of January 24, 2017, and were subsequently authorized to receive CAF-ACAM pursuant to a revised offer on April 29, 2019. For such carriers, the first program year of CAF-ACAM is 2017. ( 3 ) For the purposes of this section, “A-CAM II” refers to carriers initially authorized to receive A-CAM support on August 22, 2019 or November 13, 2020. For such carriers, the first program year of CAF-ACAM is 2019. ( 4 ) For purposes of this section, “Enhanced A-CAM” refers to carriers authorized to receive Enhanced A-CAM support after October 1, 2023. For the purpose of determining deployment obligations for such carriers, the first program year of CAF-ACAM is 2025. ( b ) Geographic areas eligible for support. ( 1 ) CAF-ACAM model-based support, except for Enhanced A-CAM support, will be made available for a specific number of locations in census blocks identified as eligible for each carrier by public notice. The eligible areas and number of locations for each state identified by the public notice shall not change during the term of support identified in paragraph (c) of this section. ( 2 ) Enhanced A-CAM support will be made available for each carrier's service areas within the state, in consideration for the deployment and maintenance obligations described in § 54.308(a)(3) . ( c ) Term of support. CAF-ACAM model-based support shall be provided to A-CAM I carriers for a term that extends until December 31, 2026, to Revised A-CAM I and A-CAM II carriers for a term that extends until December 31, 2028, and to Enhanced A-CAM carriers for a term that extends from January 1, 2024, until December 31, 2038. ( d ) Interim deployment milestones. Recipients of CAF-ACAM model-based support must meet the following interim milestones with respect to their deployment obligations set forth in §§ 54.308(a)(1)(i) and 54.308(a)(3) . ( 1 ) A-CAM I and Revised A-CAM I carriers must complete deployment of 10/1 Mbps service to a number of eligible locations equal to 40 percent of fully funded locations by the end of 2020, to 50 percent of fully funded locations by the end of 2021, to 60 percent of fully funded locations by the end of 2022, to 70 percent of fully funded locations by the end of 2023, to 80 percent of fully funded locations by the end of 2024, to 90 percent of fully funded locations by the end of 2025, and to 100 percent of fully funded locations by the end of 2026. By the end of 2026, A-CAM I carriers must complete deployment of broadband meeting a standard of at least 25 Mbps downstream/3 Mbps upstream to the requisite number of locations specified in § 54.308(a)(1)(i) . For Revised A-CAM I carriers, the deployment milestones for 10/1 Mbps service described in this paragraph shall be based on the number of locations that were fully funded pursuant to authorizations made prior to January 1, 2019. ( 2 ) Revised A-CAM I and A-CAM II carriers must complete deployment of 25/3 Mbps service to a number of eligible locations equal to 40 percent of locations required by § 54.308(a)(1) of this subpart by the end of 2022, 50 percent of requisite locations by the end of 2023, 60 percent of requisite locations by the end of 2024, 70 percent of requisite location by the end of 2025, 80 percent of requisite locations by the end of 2026, 90 percent of requisite locations by the end of 2027, and 100 percent of requisite locations by the end of 2028. ( 3 ) For the purposes of A-CAM I, Revised A-CAM I, and A-CAM II, compliance shall be determined based on the total number of fully funded locations in a state. Carriers that complete deployment to at least 95 percent of the requisite number of locations will be deemed to be in compliance with their deployment obligations. The remaining locations that receive capped support are subject to the standard specified in § 54.308(a)(1)(ii) . ( 4 ) Enhanced A-CAM carriers must complete deployment of 100/20 Mbps service to a number of locations equal to 50 percent of locations required by § 54.308(a)(3)(i) by the end of 2026, 75 percent of requisite locations by the end of 2027, and 100 percent of requisite locations by the end of 2028. After December 31, 2023, to the extent that an Enhanced A-CAM carrier was subject to the interim deployment milestones set forth in § 54.311(d)(1) and (2) , the Enhanced A-CAM carrier will instead be subject to the interim deployment milestones set forth in this paragraph (d)(4) . ( e ) Transition to CAF-ACAM Support. An A-CAM I, Revised A-CAM I, A-CAM II, or Enhanced A-CAM carrier not previously subject to A-CAM support, any of whose final model-based support is less than the carrier's legacy rate-of-return support in its base year as defined in paragraph (e)(4) of this section, will transition as follows: ( 1 ) If the difference between a carrier's model-based support and its base year support, as determined by paragraph (e)(4) of this section, is ten percent or less, it will receive, in addition to model-based support, 50 percent of that difference in program year one, and then will receive model support in program years two through ten. ( 2 ) If the difference between a carrier's model-based support and its base year support, as determined in paragraph (e)(4) of this section, is 25 percent or less, but more than 10 percent, it will receive, in addition to model-based support, an additional transition payment for up to four years, and then will receive model support in program years five through ten. The transition payments will be phased-down 20 percent per year, provided that each phase-down amount is at least five percent of the total base year support amount. If 20 percent of the difference between a carrier's model-based support and base year support is less than five percent of the total base year support amount, the transition payments will be phased-down five percent of the total base year support amount each year. ( 3 ) If the difference between a carrier's model-based support and its base year support, as determined in paragraph (e)(4) of this section, is more than 25 percent, it will receive, in addition to model-based support, an additional transition payment for up to nine years, and then will receive model support in year ten. The transition payments will be phased-down ten percent per year, provided that each phase-down amount is at least five percent of the total base year support amount. If ten percent of the difference between a carrier's model-based support and its base year support is less than five percent of the total base year support amount, the transition payments will be phased-down five percent of the total base year support amount each year. ( 4 ) The carrier's base year support for purposes of the calculation of transition payments is: ( i ) For A-CAM I and Revised A-CAM I carriers, the amount of high-cost loop support and interstate common line support disbursed to the carrier for 2015 without regard to prior period adjustments related to years other than 2015, as determined by the Administrator as of January 31, 2016 and publicly announced prior to the election period for the voluntary path to the model; and ( ii ) For A-CAM II carriers, the amount of high-cost loop support and Connect America Fund—Broadband Loop Support disbursed to the carrier for 2018 without regard to prior period adjustments related to years other than 2018, as determined by the Administrator as of January 31, 2019 and publicly announced prior to the election period for the voluntary path to the model. ( iii ) For Enhanced A-CAM carriers not previously subject to A-CAM I, Revised A-CAM I, or A-CAM II, the amount of high-cost loop support and Connect America Fund—Broadband Loop Support disbursed to the carrier for 2022 without regard to prior period adjustments related to years other than 2022, as determined by the Administrator as of July 31, 2023 and publicly announced prior to the election period for the voluntary path to the model. The first year of the transition pursuant to this paragraph (e) will be 2035. ( 5 ) An Enhanced A-CAM carrier not previously subject to A-CAM I, Revised A-CAM I, or A-CAM II, and whose final model-based support is less than the carrier's legacy rate-of-return support in its base year as defined in paragraph (e)(4)(iii) of this section, will transition from its frozen base year support to its full Enhanced A-CAM support on the following schedule: ( i ) In 2024-2029, it will receive its frozen base year support. ( ii ) In 2030, it will receive its base year support minus 4% of the base year support; ( iii ) In 2031, it will receive its base year support minus 8% of the base year support; ( iv ) In 2032, it will receive its base year support minus 12% of the base year support; ( v ) In 2033, it will receive its base year support minus 16% of the base year support; ( vi ) In 2034, it will receive its base year support minus 20% of the base year support; ( vii ) In 2035-2038, it will transition to its Enhanced A-CAM support pursuant to paragraphs (e)(1) through (3) of this section. ( 6 ) An Enhanced A-CAM carrier that was previously subject to A-CAM I, Revised A-CAM I, or A-CAM II and will continue to receive transitional support consistent with its prior A-CAM I, Revised A-CAM I, or A-CAM II authorization, and will not have its transitional support amount adjusted to reflect its Enhanced A-CAM support amounts. ( f ) Legacy Carrier Transitioning to Higher Enhanced A-CAM. An Enhanced A-CAM carrier that was not subject to A-CAM I, Revised A-CAM I, or A-CAM II and whose final model-based support is more than the carrier's legacy rate-of-return support in its base year as defined in paragraph (f)(2) of this section, will transition from its frozen base year support to its full Enhanced A-CAM support. ( 1 ) The transition will occur on the following schedule: ( i ) In 2024-2029, it will receive its frozen base year support. ( ii ) In 2030, it will receive its base year support plus 20% of the difference between its base year support and its Enhanced A-CAM support; ( iii ) In 2031, it will receive its base year support plus 40% of the difference between its base year support and its Enhanced A-CAM support; ( iv ) In 2032, it will receive its base year support plus 60% of the difference between its base year support and its Enhanced A-CAM support; ( v ) In 2033, it will receive its base year support plus 80% of the difference between its base year support and its Enhanced A-CAM support; and ( vi ) In 2034, it will receive its Enhanced A-CAM support. ( 2 ) The carrier's base year support for purposes of the calculation of transition payments is the amount of high-cost loop support and Connect America Fund—Broadband Loop Support disbursed to the carrier for 2022 without regard to prior period adjustments related to years other than 2022, as determined by the Administrator as of July 31, 2023 and publicly announced prior to the election period for the voluntary path to the model. 81 FR 24340 , Apr. 25, 2016, as amended at 82 FR 14339 , Mar. 20, 2017; 84 FR 4731 , Feb. 19, 2019; 88 FR 55935 , Aug. 17, 2023] § 54.312 Connect America Fund for Price Cap Territories—Phase I. ( a ) Frozen High-Cost Support. Beginning January 1, 2012, each price cap local exchange carrier and rate-of-return carrier affiliated with a price cap local exchange carrier will have a “baseline support amount” equal to its total 2011 support in a given study area, or an amount equal to $3,000 times the number of reported lines for 2011, whichever is lower. For purposes of this section, price cap carriers are defined pursuant to § 61.3(aa) of this chapter and affiliated companies are determined by § 32.9000 of this chapter . Each price cap local exchange carrier and rate-of-return carrier affiliated with a price cap local exchange carrier will have a “monthly baseline support amount” equal to its baseline support amount divided by twelve. Beginning January 1, 2012, on a monthly basis, eligible carriers will receive their monthly baseline support amount. ( 1 ) “Total 2011 support” is the amount of support disbursed to a price cap local exchange carrier or rate-of-return carrier affiliated with a price cap local exchange carrier for 2011, without regard to prior period adjustments related to years other than 2011 and as determined by USAC on January 31, 2012. ( 2 ) For the purpose of calculating the $3,000 per line limit, the average of lines reported by a price cap local exchange carrier or rate-of-return carrier affiliated with a price cap local exchange carrier pursuant to line count filings required for December 31, 2010, and December 31, 2011 shall be used. ( 3 ) A carrier receiving frozen high cost support under this rule shall be deemed to be receiving Interstate Access Support and Interstate Common Line Support equal to the amount of support the carrier to which the carrier was eligible under those mechanisms in 2011. ( b ) Incremental Support in 2012. From January 1, 2012, to December 31, 2012, support in addition to baseline support defined in paragraph (a) of this section will be available for certain price cap local exchange carriers and rate-of-return carriers affiliated with price cap local exchange carriers as follows. ( 1 ) For each carrier for which the Wireline Competition Bureau determines that it has appropriate data or for which it determines that it can make reasonable estimates, the Bureau will determine an average per-location cost for each wire center using a simplified cost-estimation function derived from the Commission's cost model. Incremental support will be based on the wire centers for which the estimated per-location cost exceeds the funding threshold. The funding threshold will be determined by calculating which funding threshold would allocate all available incremental support, if each carrier that would be offered incremental support were to accept it. ( 2 ) An eligible telecommunications carrier accepting incremental support must deploy broadband to a number of unserved locations, as shown as unserved by fixed broadband on the then-current version of the National Broadband Map, equal to the amount of incremental support it accepts divided by $775. ( 3 ) A carrier may elect to accept or decline incremental support. A holding company may do so on a holding-company basis on behalf of its operating companies that are eligible telecommunications carriers, whose eligibility for incremental support, for these purposes, shall be considered on an aggregated basis. A carrier must provide notice to the Commission, relevant state commissions, and any affected Tribal government, stating the amount of incremental support it wishes to accept and identifying the areas by wire center and census block in which the designated eligible telecommunications carrier will deploy broadband to meet its deployment obligation, or stating that it declines incremental support. Such notification must be made within 90 days of being notified of any incremental support for which it would be eligible. Along with its notification, a carrier accepting incremental support must also submit a certification that the locations to be served to satisfy the deployment obligation are not shown as served by fixed broadband provided by any entity other than the certifying entity or its affiliate on the then-current version of the National Broadband Map; that, to the best of the carrier's knowledge, the locations are, in fact, unserved by fixed broadband; that the carrier's current capital improvement plan did not already include plans to complete broadband deployment within the next three years to the locations to be counted to satisfy the deployment obligation; and that incremental support will not be used to satisfy any merger commitment or similar regulatory obligation. If a carrier intends to deploy to census blocks not initially identified at the time of election, it must inform the Commission, the Administrator, relevant state commissions, and any affected Tribal government of the change at least 90 days prior to commencing deployment in the new census blocks. No sooner than 46 days after the Wireline Competition Bureau issues a public notice announcing the updated deployment plans but prior to commencing deployment, the carrier must make the certifications described in this paragraph with respect to the new census blocks. If a carrier no longer intends to deploy to a previously identified census block, it must inform the Commission, the Administrator, relevant state commission, and any affected Tribal government prior to filing its certification pursuant to § 54.313(b)(2) . ( c ) Incremental Support in 2013. From January 1, 2013, to December 31, 2013, support in addition to baseline support defined in paragraph (a) of this section will be available for certain price cap local exchange carriers and rate-of-return carriers affiliated with price cap local exchange carriers as follows: ( 1 ) For each carrier for which the Wireline Competition Bureau determines that it has appropriate data or for which it determines that it can make reasonable estimates, the Bureau will determine an average per-location cost for each wire center using a simplified cost-estimation function derived from the Commission's high-cost proxy model. Incremental support will be based on the wire centers for which the estimated per-location cost exceeds the funding threshold. The funding threshold will be determined by calculating which funding threshold would allocate all available incremental support, if each carrier that would be offered incremental support were to accept it. ( 2 ) An eligible telecommunications carrier accepting incremental support must deploy broadband to a number of unserved locations, shown as unserved by fixed Internet access with speeds of at least 768 kbps downstream and 200 kbps upstream on the then-current version of the National Broadband Map, equal to the amount of incremental support it accepts divided by $775. ( 3 ) An eligible telecommunications carrier must accept funding pursuant to paragraph (c)(2) of this section before it may accept funding pursuant to paragraph (c)(3) of this section. If an eligible telecommunications carrier has committed to deploy to all locations eligible for support under paragraph (c)(2) of this section on routes or projects that can economically be built with $775 in Connect America funding for each location unserved by 768 kbps downstream and 200 kbps upstream plus an equal amount of non-Connect America carrier capital expenditure funding, but the carrier has not fully utilized its allotted funding, it may also count towards its deployment obligation locations shown as unserved by fixed Internet access with speeds of at least 3 Mbps downstream and 768 kbps upstream equal to the amount of remaining incremental support divided by $550. ( 4 ) A carrier may elect to accept or decline incremental support. A holding company may do so on a holding-company basis on behalf of its operating companies that are eligible telecommunications carriers, whose eligibility for incremental support, for these purposes, shall be considered on an aggregated basis. A carrier must provide notice to the Commission, the Administrator, relevant state commissions, and any affected Tribal government, stating the amount of incremental support it wishes to accept, the number of locations at the $775 amount, and the number of locations at the $550 amount, and identifying the areas by wire center and census block in which the designated eligible telecommunications carrier will deploy broadband to meet its deployment obligation; or stating that it declines incremental support. Such notification must be made within 75 days of being notified of any incremental support for which it would be eligible. If a carrier intends to deploy to census blocks not initially identified at the time of election, it must inform the Commission, the Administrator, relevant state commissions, and any affected Tribal government of the change at least 90 days prior to commencing deployment in the new census blocks. No sooner than 46 days after the Wireline Competition Bureau issues a public notice announcing the updated deployment plans but prior to commencing deployment, the carrier must make the certifications described in paragraph (c)(5) of this section with respect to the new census blocks. If a carrier no longer intends to deploy to a previously identified census block, it must inform the Commission, the Administrator, relevant state commission, and any affected Tribal government prior to filing its certification pursuant to § 54.313(b)(2) . ( 5 ) Along with its notification, an eligible telecommunications carrier accepting incremental support must submit the following certifications: ( i ) The locations to be served to satisfy the deployment obligation are not shown as served by fixed broadband at the speeds specified in paragraph (c)(2) or (c)(3) of this section provided by any entity other than the certifying entity or its affiliate on the then-current version of the National Broadband Map or that it is challenging the National Broadband Map's designation of that census block under the challenge process in paragraph (c)(7) of this section; ( ii ) To the best of the carrier's knowledge, the locations are, in fact, unserved by fixed Internet access with speeds of at least 3 Mbps downstream and 768 kbps upstream, or 768 kbps downstream and 200 kbps upstream, as appropriate; ( iii ) The carrier's current capital improvement plan did not already include plans to complete broadband deployment within the next three years to the locations to be counted to satisfy the deployment obligation; ( iv ) Incremental support will not be used to satisfy any merger commitment or similar regulatory obligation; and ( v ) The carrier has undertaken due diligence to determine the locations in question are not within the service area of either Broadband Initiatives Program or the Broadband Technology Opportunities Program projects that will provide Internet access with speeds of at least 3 Mbps downstream and 768 upstream. ( 6 ) An eligible telecommunications carrier deploying to locations unserved by 3 Mbps downstream and 768 kbps upstream under paragraph (c)(3) of this section must also certify that it has prioritized its planned projects or routes so as to maximize the deployment of broadband-capable infrastructure to locations lacking Internet access with speeds of 768 kbps downstream and 200 kbps upstream. ( 7 ) A person may challenge the designation of a census block as served or unserved by a certain speed as shown on the National Broadband Map. When the Wireline Competition Bureau determines that the evidence presented makes it more likely than not that the census block should be designated as served by broadband with speeds of at least 3 Mbps downstream and 768 kbps upstream, that locations in that census block will be treated as served by broadband and therefore ineligible to be counted for the purposes of paragraph (c)(3) of this section. When the Wireline Competition Bureau determines that the evidence presented makes it more likely than not that the census block should be designated as served by Internet service with speeds of 768 kbps downstream and 200 kbps upstream, but unserved by broadband with speeds of at least 3 Mbps downstream and 768 kbps upstream, locations in that census block will be treated as served by Internet access with speeds of 768 kbps downstream and 200 kbps upstream and therefore eligible to be counted for the purposes of paragraph (c)(3) of this section. When the Wireline Competition Bureau determines that the evidence presented makes it more likely than not that the census block should be designated as unserved by Internet service with speeds of 768 kbps downstream and 200 kbps upstream, locations in that census block will be treated as unserved by Internet access with speeds of 768 kbps downstream and 200 kbps upstream and therefore eligible to be counted for the purposes of paragraph (c)(2) of this section. ( 8 ) If no entity other than the carrier or its affiliate provides Internet service with speeds of 3 Mbps downstream and 768 kbps upstream or greater as shown on the National Broadband Map or as determined by the process described in paragraph (c)(7), the carrier may satisfy its deployment obligations at a location shown by the National Broadband Map as being served by that carrier or its affiliate with such service by certifying that it is the only entity providing such service, that the location does not actually receive speeds of 3 Mbps downstream and 768 kbps upstream, and the location is served through a copper-fed digital subscriber line access multiplexer. The carrier must specifically identify such locations in its election. Such locations will be treated the same as locations under paragraph (c)(3) of this section. ( 9 ) An eligible telecommunications carrier must complete deployment of broadband-capable infrastructure to two-thirds of the required number of locations within two years of providing notification of acceptance of funding, and must complete deployment to all required locations within three years. To satisfy its deployment obligation, the eligible telecommunications carrier must offer broadband service to such locations of at least 4 Mbps downstream and 1 Mbps upstream, with latency sufficiently low to enable the use of real-time communications, including Voice over Internet Protocol, and with usage allowances, if any, associated with a specified price for a service offering that are reasonably comparable to comparable offerings in urban areas. ( d ) Eligibility for support after Connect America Phase II auction. ( 1 ) A price cap carrier that receives monthly baseline support pursuant to this section and is a winning bidder in the Connect America Phase II auction shall receive support at the same level as described in paragraph (a) of this section for such area until the Wireline Competition Bureau determines whether to authorize the carrier to receive Connect America Phase II auction support for the same area. Upon the Wireline Competition Bureau's release of a public notice approving a price cap carrier's application submitted pursuant to § 54.315(b) and authorizing the carrier to receive Connect America Fund Phase II auction support, the carrier shall no longer receive support at the level of monthly baseline support pursuant to this section for such area. Thereafter, the carrier shall receive monthly support in the amount of its Connect America Phase II winning bid. ( 2 ) Starting the first day of the month following the first authorization of Connect America Phase II auction support nationwide, no price cap carrier that receives monthly baseline support pursuant to this section shall receive such monthly baseline support for areas that are ineligible for Connect America Phase II auction support. ( 3 ) To the extent Connect America Phase II auction support is not awarded at auction for an eligible area, as determined by the Wireline Competition Bureau, the price cap carrier shall have the option of continuing to receive support at the level described in paragraph (a) of this section until further Commission action. ( 4 ) Starting the first day of the month following the authorization of Connect America Phase II auction support to a winning bidder other than the price cap carrier that receives monthly baseline support pursuant to this section for such area, the price cap carrier shall no longer receive monthly baseline support pursuant to this section. ( 5 ) Notwithstanding the foregoing schedule, the phase-down of support below the level described in paragraph (a) of this section shall be subject to the restrictions in Consolidated Appropriations Act, 2016, Public Law 114-113 , Div. E, Title VI, section 631, 129 Stat. 2242, 2470 (2015), unless and until such restrictions are no longer in effect. ( e ) Eligibility for support after Rural Digital Opportunity Fund auction. ( 1 ) A price cap carrier that receives monthly baseline support pursuant to this section and is a winning bidder in the Rural Digital Opportunity Fund auction shall receive support at the same level as described in paragraph (a) of this section for such area until the Wireline Competition Bureau determines whether to authorize the carrier to receive Rural Digital Opportunity Fund auction support for the same area. Upon the Wireline Competition Bureau's release of a public notice approving a price cap carrier's application submitted pursuant to § 54.315(b) and authorizing the carrier to receive Rural Digital Opportunity Fund auction support, the carrier shall no longer receive support at the level of monthly baseline support pursuant to this section for such area. Thereafter, the carrier shall receive monthly support in the amount of its Rural Digital Opportunity Fund winning bid. ( 2 ) Starting the first day of the month following the release of the final eligible areas list for the Rural Digital Opportunity Fund auction, as determined by the Wireline Competition Bureau, no price cap carrier that receives monthly baseline support pursuant to this section shall receive such monthly baseline support for areas that are ineligible for the Rural Digital Opportunity Fund auction. ( 3 ) Starting the first day of the month following the close of Phase I of the Rural Digital Opportunity Fund auction, no price cap carrier that receives monthly baseline support pursuant to this section shall receive such monthly baseline support for areas where Rural Digital Opportunity Fund auction support is not awarded at auction for an eligible area. ( 4 ) Starting the first day of the month following the authorization of Rural Digital Opportunity Fund auction support to a winning bidder other than the price cap carrier that receives monthly baseline support pursuant to this section for such area, the price cap carrier shall no longer receive monthly baseline support pursuant to this section. [ 76 FR 73872 , Nov. 29, 2011, as amended at 77 FR 31536 , May 29, 2012; 78 FR 38233 , June 26, 2013; 78 FR 48624 , Aug. 9, 2013; 84 FR 8624 , Mar. 11, 2019; 85 FR 13797 , Mar. 10, 2020] § 54.313 Annual reporting requirements for high-cost recipients. Cross Reference Link to an amendment published at 88 FR 55936 , Aug. 17, 2023. Cross Reference Link to an amendment published at 89 FR 25160 , Apr. 10, 2024. ( a ) Any recipient of high-cost support shall provide the following: ( 1 ) Certification that the carrier is able to function in emergency situations as set forth in § 54.202(a)(2) ; ( 2 ) A certification that the pricing of the company's voice services is no more than two standard deviations above the applicable national average urban rate for voice service, as specified in the most recent public notice issued by the Wireline Competition Bureau and Wireless Telecommunications Bureau; ( 3 ) A certification that the pricing of a service that meets the Commission's broadband public interest obligations is no more than the applicable benchmark to be announced annually in a public notice issued by the Wireline Competition Bureau, or is no more than the non-promotional price charged for a comparable fixed wireline service in urban areas in the states or U.S. Territories where the eligible telecommunications carrier receives support; ( 4 ) The recipient's holding company, operating companies, affiliates, and any branding (a “dba,” or “doing-business-as company” or brand designation), as well as universal service identifiers for each such entity by Study Area Codes, as that term is used by the Administrator. For purposes of this paragraph, “affiliates” has the meaning set forth in section 3(2) of the Communications Act of 1934, as amended; ( 5 ) To the extent the recipient serves Tribal lands, documents or information demonstrating that the ETC had discussions with Tribal governments that, at a minimum, included: ( i ) A needs assessment and deployment planning with a focus on Tribal community anchor institutions; ( ii ) Feasibility and sustainability planning; ( iii ) Marketing services in a culturally sensitive manner; ( iv ) Rights of way processes, land use permitting, facilities siting, environmental and cultural preservation review processes; and ( v ) Compliance with Tribal business and licensing requirements. Tribal business and licensing requirements include business practice licenses that Tribal and non-Tribal business entities, whether located on or off Tribal lands, must obtain upon application to the relevant Tribal government office or division to conduct any business or trade, or deliver any goods or services to the Tribes, Tribal members, or Tribal lands. These include certificates of public convenience and necessity, Tribal business licenses, master licenses, and other related forms of Tribal government licensure. ( 6 ) The results of network performance tests pursuant to the methodology and in the format determined by the Wireline Competition Bureau, Wireless Telecommunications Bureau, and Office of Engineering and Technology. ( b ) In addition to the information and certifications in paragraph (a) of this section: (1) Any recipient of incremental Connect America Phase I support pursuant to § 54.312(b) and (c) shall provide: (i) In its next annual report due after two years after filing a notice of acceptance of funding pursuant to § 54.312(b) and (c) , a certification that the company has deployed to no fewer than two-thirds of the required number of locations; and (ii) In its next annual report due after three years after filing a notice of acceptance of funding pursuant to § 54.312(b) and (c) , a certification that the company has deployed to all required locations and that it is offering broadband service of at least 4 Mbps downstream and 1 Mbps upstream, with latency sufficiently low to enable the use of real-time communications, including Voice over Internet Protocol, and with usage allowances, if any, associated with a specified price for a service offering that are reasonably comparable to comparable offerings in urban areas. (2) In addition to the information and certifications required in paragraph (b)(1) of this section, any recipient of incremental Connect America Phase I support pursuant to § 54.312(c) shall provide: (i) In its annual reports due after one, two, and three years after filing a notice of acceptance of funding pursuant to § 54.312(c) , a certification that, to the best of the recipient's knowledge, the locations in question are not receiving support under the Broadband Initiatives Program or the Broadband Technology Opportunities Program for projects that will provide broadband with speeds of at least 4 Mbps/1 Mbps; and (ii) In its annual reports due after one, two, and three years after filing a notice of acceptance of funding pursuant to § 54.312(c) , a statement of the total amount of capital funding expended in the previous year in meeting Connect America Phase I deployment obligations, accompanied by a list of census blocks indicating where funding was spent. ( c ) In addition to the information and certifications in paragraph (a) of this section, price cap carriers that receive frozen high-cost support pursuant to § 54.312(a) shall provide: ( 1 ) By July 1, 2013. A certification that frozen high-cost support the company received in 2012 was used consistent with the goal of achieving universal availability of voice and broadband; ( 2 ) By July 1, 2014. A certification that at least one-third of the frozen-high cost support the company received in 2013 was used to build and operate broadband-capable networks used to offer the provider's own retail broadband service in areas substantially unserved by an unsubsidized competitor; ( 3 ) By July 1, 2015. A certification that at least two-thirds of the frozen-high cost support the company received in 2014 was used to build and operate broadband-capable networks used to offer the provider's own retail broadband service in areas substantially unserved by an unsubsidized competitor; and ( 4 ) By July 1, 2016 and in subsequent years. A certification that all frozen-high cost support the company received in the previous year was used to build and operate broadband-capable networks used to offer the provider's own retail broadband service in areas substantially unserved by an unsubsidized competitor. Recipients of frozen high-cost support under § 54.1504(b) , for annual reports due July 1, 2024, 2025, and 2026, shall certify that such support received after June 1, 2023 was used for resiliency and redundancy measures and to maintain their network footprint for voice and broadband services as of June 1, 2023. ( d ) In addition to the information and certifications in paragraph (a) of this section, beginning July 1, 2013, price cap carriers receiving high-cost support to offset reductions in access charges shall provide a certification that the support received pursuant to § 54.304 in the prior calendar year was used to build and operate broadband-capable networks used to offer provider's own retail service in areas substantially unserved by an unsubsidized competitor. ( e ) In addition to the information and certifications in paragraph (a) of this section, the requirements in paragraphs (e)(1) and (2) of this section apply to recipients of Phase II, Rural Digital Opportunity Fund, Uniendo a Puerto Rico Fund Stage 2 fixed support, and Connect USVI Fund Stage 2 fixed support: ( 1 ) Any price cap carrier that elects to receive Connect America Phase II model-based support shall provide: ( i ) On July 1, 2016 a list of the geocoded locations already meeting the § 54.309 public interest obligations at the end of calendar year 2015, and the total amount of Phase II support, if any, the price cap carrier used for capital expenditures in 2015. ( ii ) On July 1, 2017 and every year thereafter ending July 1, 2021, the following information: ( A ) The number, names, and addresses of community anchor institutions to which the eligible telecommunications carrier newly began providing access to broadband service in the preceding calendar year; ( B ) The total amount of Phase II support, if any, the price cap carrier used for capital expenditures in the previous calendar year; and ( C ) A certification that it bid on category one telecommunications and Internet access services in response to all FCC Form 470 postings seeking broadband service that meets the connectivity targets for the schools and libraries universal service support program for eligible schools and libraries (as described in § 54.501 ) located within any area in a census block where the carrier is receiving Phase II model-based support, and that such bids were at rates reasonably comparable to rates charged to eligible schools and libraries in urban areas for comparable offerings. ( 2 ) Any recipient of Phase II, Rural Digital Opportunity Fund, Uniendo a Puerto Rico Fund Stage 2 fixed, or Connect USVI Fund Stage 2 fixed support awarded through a competitive bidding or application process shall provide: ( i ) Starting the first July 1st after receiving support until the July 1st after the recipient's support term has ended: ( A ) The number, names, and addresses of community anchor institutions to which the eligible telecommunications carrier newly began providing access to broadband service in the preceding calendar year; ( B ) The total amount of support, if any, the recipient used for capital expenditures in the previous calendar year; and ( C ) A certification that it bid on category one telecommunications and Internet access services in response to all FCC Form 470 postings seeking broadband service that meets the connectivity targets for the schools and libraries universal service support program for eligible schools and libraries (as described in § 54.501 ) located within any area in a census block where the carrier is receiving support awarded through auction, and that such bids were at rates reasonably comparable to rates charged to eligible schools and libraries in urban areas for comparable offerings. ( ii ) Starting the first July 1st after receiving support until the July 1st after the recipient's penultimate year of support, a certification that the recipient has available funds for all project costs that will exceed the amount of support that will be received for the next calendar year. ( iii ) Starting the first July 1st after meeting the final service milestone in § 54.310(c) or § 54.802(c) of this chapter until the July 1st after the Phase II recipient's or Rural Digital Opportunity Fund recipient's support term has ended, a certification that the Phase II-funded network that the Phase II auction recipient operated in the prior year meets the relevant performance requirements in § 54.309 of this chapter , or that the network that the Rural Digital Opportunity Fund recipient operated in the prior year meets the relevant performance requirements in § 54.805 for the Rural Digital Opportunity Fund. ( f ) In addition to the information and certifications in paragraph (a) of this section, any rate-of-return carrier shall provide: ( 1 ) Beginning July 1, 2015 and Every Year Thereafter. The following information: . ( i ) If the rate-of-return carrier is receiving support pursuant to subparts K and M of this part , a certification that it is taking reasonable steps to provide upon reasonable request broadband service at actual speeds of at least 25 Mbps downstream/3 Mbps upstream, with latency suitable for real-time applications, including Voice over internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas as determined in an annual survey, and that requests for such service are met within a reasonable amount of time; if the rate-of-return carrier receives CAF-ACAM support, a certification that it is meeting the relevant reasonable request standard; or if the rate-of-return carrier is receiving Alaska Plan support pursuant to § 54.306 , a certification that it is offering broadband service with latency suitable for real-time applications, including Voice over internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas, and at speeds committed to in its approved performance plan to the locations it has reported pursuant to § 54.316(a) , subject to any limitations due to the availability of backhaul as specified in paragraph (g) of this section. ( ii ) The number, names, and addresses of community anchor institutions to which the ETC newly began providing access to broadband service in the preceding calendar year; and ( iii ) A certification that it bid on category one telecommunications and Internet access services in response to all reasonable requests in posted FCC Form 470s seeking broadband service that meets the connectivity targets for the schools and libraries universal service support program for eligible schools and libraries (as described in § 54.501 ) within its service area, and that such bids were at rates reasonably comparable to rates charged to eligible schools and libraries in urban areas for comparable offerings. ( 2 ) Privately held rate-of-return carriers only. A full and complete annual report of the company's financial condition and operations as of the end of the preceding fiscal year. ( i ) Recipients of loans from the Rural Utility Service (RUS) shall provide copies of their RUS Operating Report for Telecommunications Borrowers as filed with the RUS. Such carriers must make their underlying audit and related workpapers and financial information available upon request by the Commission, USAC, or the relevant state commission, relevant authority in a U.S. Territory, or Tribal government, as appropriate. ( ii ) All privately held rate-of-return carriers that are not recipients of loans from the RUS and whose financial statements are audited in the ordinary course of business must provide either: A copy of their audited financial statement; or a financial report in a format comparable to RUS Operating Report for Telecommunications Borrowers, accompanied by a copy of a management letter issued by the independent certified public accountant that performed the company's financial audit. A carrier choosing the latter option must make its audit and related workpapers and financial information available upon request by the Commission, USAC, or the relevant state commission, relevant authority in a U.S. Territory, or Tribal government, as appropriate. ( iii ) All other privately held rate-of-return carriers must provide either: A copy of their financial statement which has been subject to review by an independent certified public accountant; or a financial report in a format comparable to RUS Operating Report for Telecommunications Borrowers, with the underlying information subjected to a review by an independent certified public accountant and accompanied by an officer certification that: The carrier was not audited in the ordinary course of business for the preceding fiscal year; and that the reported data are accurate. If the carrier elects the second option, it must make the review and related workpapers and financial information available upon request by the Commission, USAC, or the relevant state commission, relevant authority in a U.S. Territory, or Tribal government, as appropriate. ( 3 ) For rate-of-return carriers participating in the Alaska Plan, funding recipients must certify as to whether any terrestrial backhaul or other satellite backhaul became commercially available in the previous calendar year in areas that were previously served exclusively by performance-limiting satellite backhaul. To the extent that such new terrestrial backhaul facilities are constructed, or other satellite backhaul become commercially available, or existing facilities improve sufficiently to meet the relevant speed, latency and capacity requirements then in effect for broadband service supported by the Alaska Plan, the funding recipient must provide a description of the backhaul technology, the date at which that backhaul was made commercially available to the carrier, and the number of locations that are newly served by the new terrestrial backhaul or other satellite backhaul. Within twelve months of the new backhaul facilities becoming commercially available, funding recipients must certify that they are offering broadband service with latency suitable for real-time applications, including Voice over Internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas. Funding recipients' minimum speed deployment obligations will be reassessed as specified by the Commission. ( 4 ) If applicable, the name of any cost consultant and cost consulting firm, or other third-party, retained to prepare financial and operations data disclosures submitted to the National Exchange Carrier Association (NECA), the Administrator or the Commission pursuant to subpart D , K , or M of this part . ( 5 ) Rate-of-return carriers receiving support pursuant to the Alternative Connect America Model or the Alaska Plan, that are not otherwise required to file count data pursuant to § 54.903(a)(1) of this subpart , must file the line count data required by § 54.903(a)(1) . ( 6 ) Enhanced A-CAM carriers must provide the following: ( i ) Enhanced A-CAM carriers must certify that, in the previous calendar year, they participated, in good faith, in any relevant BEAD Program challenge processes or other processes conducted by states or other BEAD Program eligible entities to determine the eligibility of locations for the BEAD Program, and that they otherwise coordinated with states, Tribes, and other eligible entities to help avoid duplicative federal broadband funding. Additionally, Enhanced A-CAM carriers must certify that, in the previous calendar year, they complied with the obligation not to receive or use BEAD Program funding or other future federal grant funding, unless otherwise specified by the Commission or Bureau, that supports broadband deployment for those locations for which they are receiving Enhanced A-CAM support. ( ii ) Enhanced A-CAM carriers must describe how and certify that, in the previous calendar year, they continued to participate in the Affordable Connectivity Program or any substantially similar successor program, as required by the terms of their Enhanced A-CAM offers. ( iii ) Enhanced A-CAM carriers must certify that they have maintained their cybersecurity and supply chain risk management plans pursuant to § 54.308(e) , report whether they filed any substantive modifications pursuant to § 54.308(e)(6) in the prior year, and report the date they filed any substantive modifications. ( g ) Areas with no terrestrial backhaul. Carriers without access to terrestrial backhaul that are compelled to rely exclusively on satellite backhaul in their study area must certify annually that no terrestrial backhaul options exist. Any such funding recipients must certify they offer broadband service at actual speeds of at least 1 Mbps downstream and 256 kbps upstream within the supported area served by satellite middle-mile facilities. To the extent that new terrestrial backhaul facilities are constructed, or existing facilities improve sufficiently to meet the relevant speed, latency and capacity requirements then in effect for broadband service supported by the Connect America Fund, within twelve months of the new backhaul facilities becoming commercially available, funding recipients must provide the certifications required in paragraphs (e) or (f) of this section in full. Carriers subject to this paragraph must comply with all other requirements set forth in the remaining paragraphs of this section. These obligations may be modified for carriers participating in the Alaska Plan. ( h ) In their annual reporting due by July 1, 2019 and July 1, 2020, all incumbent local exchange carrier recipients of high-cost support must report all of their rates for residential local service for all portions of their service area, as well as state regulated fees, to the extent the sum of those rates and fees are below $18, and the number of lines for each rate specified. Carriers shall report lines and rates in effect as of June 1. For purposes of this subsection, state regulated fees shall be limited to state subscriber line charges, state universal service fees and mandatory extended area service charges. ( i ) All reports pursuant to this section shall be filed with the Office of the Secretary of the Commission clearly referencing WC Docket No. 14-58, with the Administrator, and with the relevant state commissions or relevant authority in a U.S. Territory, or Tribal governments, as appropriate. ( j ) Filing deadlines. ( 1 ) In order for a recipient of high-cost support to continue to receive support for the following calendar year, or retain its eligible telecommunications carrier designation, it must submit the annual reporting information required by this section annually by July 1 of each year. Eligible telecommunications carriers that file their reports after the July 1 deadline shall receive a reduction in support pursuant to the following schedule: ( i ) An eligible telecommunications carrier that files after the July 1 deadline, but by July 8, will have its support reduced in an amount equivalent to seven days in support; ( ii ) An eligible telecommunications carrier that files on or after July 9 will have its support reduced on a pro-rata daily basis equivalent to the period of non-compliance, plus the minimum seven-day reduction. ( 2 ) Grace period. An eligible telecommunications carrier that submits the annual reporting information required by this section after July 1 but before July 5 will not receive a reduction in support if the eligible telecommunications carrier and its holding company, operating companies, and affiliates as reported pursuant to paragraph (a)(8) of this section have not missed the July 1 deadline in any prior year. ( k ) This section does not apply to recipients that solely receive support from Phase I of the Mobility Fund. ( l ) In addition to the information and certifications in paragraph (a) of this section, any competitive eligible telecommunications carrier participating in the Alaska Plan must provide the following: ( 1 ) Funding recipients that have identified in their approved performance plans that they rely exclusively on satellite backhaul for a certain portion of the population in their service area must certify as to whether any terrestrial backhaul or other satellite backhaul became commercially available in the previous calendar year in areas that were previously served exclusively by satellite backhaul. To the extent that new terrestrial backhaul facilities are constructed or other satellite backhaul become commercially available, the funding recipient must: ( i ) Provide a description of the backhaul technology; ( ii ) Provide the date on which that backhaul was made commercially available to the carrier; ( iii ) Provide the number of the population within their service area that are served by the newly available backhaul option; and ( iv ) To the extent the funding recipient has not already committed to providing 4G LTE at 10/1 Mbps to the population served by the newly available backhaul by the end of the plan term, submit a revised performance commitment factoring in the availability of the new backhaul option no later than the due date of the Form 481 in which they have certified that such backhaul became commercially available. ( 2 ) [Reserved] ( m ) Any price cap carrier or fixed competitive eligible telecommunications carrier that elects to continue receiving support pursuant to § 54.312(d) or § 54.307(e)(2)(iii) shall provide certifications, starting July 1, 2020 and for each subsequent year they receive such support, that all such support the company received in the previous year was used to provide voice service throughout the high-cost and extremely high-cost census blocks where they continue to have the federal high-cost eligible telecommunications carrier obligation to provide voice service pursuant to § 54.201(d) at rates that are reasonably comparable to comparable offerings in urban areas. Any price cap carrier or fixed competitive eligible telecommunications carrier that solely receives support pursuant to § 54.312(d) or § 54.307(e)(2)(iii) in its designated service area shall not be subject to reporting requirements in any other paragraphs in this section for such support. ( n ) Recipients of Uniendo a Puerto Rico Fund Stage 2 fixed and mobile support and Connect USVI Fund Stage 2 fixed and mobile support shall certify that such support was not used for costs that are (or will be) reimbursed by other sources of support, including Federal or local government aid or insurance reimbursements; and that support was not used for other purposes, such as the retirement of company debt unrelated to eligible expenditures, or other expenses not directly related to network restoration, hardening, and expansion consistent with the framework of the Uniendo a Puerto Rico Fund or Connect USVI Fund, respectively. Recipients of fixed and mobile support from Stage 2 of the Uniendo a Puerto Rico Fund and the Connect USVI Fund shall certify that they have conducted an annual review of the documentation required by § 54.1515(a) through (c) to determine the need for and to implement changes or revisions to disaster preparation and recovery documentation. ( o ) Recipients of Uniendo a Puerto Rico Fund or Connect USVI Fund Stage 2 mobile support and recipients of transitional support under § 54.1516 shall certify that they are in compliance with all requirements in this part for receipt of such support to continue. ( p ) [Reserved] ( q ) Recipients of transitional support under § 54.1516 , as part of either the Uniendo a Puerto Rico Fund or Connect USVI Fund shall certify that such support was not used for costs that are (or will be) reimbursed by other sources of support, including Federal or local government aid or insurance reimbursements; and that support was not used for other purposes, such as the retirement of company debt unrelated to eligible expenditures, or other expenses not directly related to network restoration, hardening, and expansion consistent with the framework of the Uniendo a Puerto Rico Fund or Connect USVI Fund, respectively. Recipients of transitional support under § 54.1516 shall certify that they have conducted an annual review of the documentation required by § 54.1515(a) through (c) or § 54.1524 , respectively, to determine the need for and to implement changes or revisions to disaster preparation and recovery documentation. [ 76 FR 73873 , Nov. 29, 2011, as amended at 77 FR 14302 , Mar. 9, 2012; 77 FR 30914 , May 24, 2012; 78 FR 22201 , Apr. 15, 2013; 78 FR 29656 , May 21, 2013; 78 FR 3843 , Jan. 17, 2013; 78 FR 38233 , June 26, 2013; 79 FR 11336 , Feb. 28, 2014; 79 FR 39189 , July 9, 2014; 80 FR 4477 , Jan. 27, 2015; 81 FR 24341 , Apr. 25, 2016; 81 FR 44449 , July 7, 2016; 81 FR 69713 , Oct. 7, 2016; 82 FR 15450 , Mar. 28, 2017; 82 FR 39969 , Aug. 23, 2017; 83 FR 18964 , May 1, 2018; 84 FR 4732 , Feb. 19, 2019; 84 FR 8624 , Mar. 11, 2019; 84 FR 19876 , May 7, 2019; ; 85 FR 59963 , Nov. 7, 2019; 85 FR 13797 , Mar. 10, 2020; 85 FR 75819 , Nov. 25, 2020; 88 FR 28999 , May 5, 2023; 88 FR 55936 , Aug. 17, 2023] Effective Date Note Effective Date Notes: 1. At 77 FR 14302 , Mar. 9, 2012, § 54.313(a)(9) introductory text and (f)(2) were revised. These paragraphs contain information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. 2. At 79 FR 11336 , Feb. 28, 2014, § 54.313(e)(1) , (e)(2) , and (e)(3) introductory text were revised. These paragraphs contain information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. 3. At 80 FR 4476 , Jan. 27, 2015, § 54.313 (a)(12) was added and (e) was revised. These paragraphs contain information collection and record keeping requirements and will not become effective until approval has been given by the Office of Management and Budget. 4. At 85 FR 75819 , Nov. 25, 2020, § 54.313 was amended by revising paragraph (n). This paragraph has a delayed effective date, the revised text is set forth to read as follow. § 54.313 Annual reporting requirements for high-cost recipients. (n) In addition to the information and certifications in paragraph (a) of this section, a mobile competitive eligible telecommunications carrier receiving legacy high-cost support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) shall certify whether it used any support pursuant to § 54.207(f) , and if so, whether it used such support in compliance with § 54.7 . 5. 88 FR 55936 , Aug. 17, 2023, § 54.313 was amended by revising paragraph (f)(1)(i) and adding (f)(6)(i), however these paragraphs contain information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 54.314 Certification of support for eligible telecommunications carriers. Cross Reference Link to an amendment published at 89 FR 25161 , Apr. 10, 2024. ( a ) Certification. States that desire eligible telecommunications carriers to receive support pursuant to the high-cost program must file an annual certification with the Administrator and the Commission stating that all federal high-cost support provided to such carriers within that State was used in the preceding calendar year and will be used in the coming calendar year only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. High-cost support shall only be provided to the extent that the State has filed the requisite certification pursuant to this section. ( b ) Carriers not subject to State jurisdiction. An eligible telecommunications carrier not subject to the jurisdiction of a State that desires to receive support pursuant to the high-cost program must file an annual certification with the Administrator and the Commission stating that all federal high-cost support provided to such carrier was used in the preceding calendar year and will be used in the coming calendar year only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. Support provided pursuant to the high-cost program shall only be provided to the extent that the carrier has filed the requisite certification pursuant to this section. ( c ) Certification format. ( 1 ) A certification pursuant to this section may be filed in the form of a letter from the appropriate regulatory authority for the State, and must be filed with both the Office of the Secretary of the Commission clearly referencing WC Docket No. 14-58, and with the Administrator of the high-cost support mechanism, on or before the deadlines set forth in paragraph (d) of this section. If provided by the appropriate regulatory authority for the State, the annual certification must identify which carriers in the State are eligible to receive federal support during the applicable 12-month period, and must certify that those carriers only used support during the preceding calendar year and will only use support in the coming calendar year for the provision, maintenance, and upgrading of facilities and services for which support is intended. A State may file a supplemental certification for carriers not subject to the State's annual certification. All certificates filed by a State pursuant to this section shall become part of the public record maintained by the Commission. ( 2 ) An eligible telecommunications carrier not subject to the jurisdiction of a State shall file a sworn affidavit executed by a corporate officer attesting that the carrier only used support during the preceding calendar year and will only use support in the coming calendar year for the provision, maintenance, and upgrading of facilities and services for which support is intended. The affidavit must be filed with both the Office of the Secretary of the Commission clearly referencing WC Docket No. 14-58, and with the Administrator of the high-cost universal service support mechanism, on or before the deadlines set forth in paragraph (d) of this section. All affidavits filed pursuant to this section shall become part of the public record maintained by the Commission. ( d ) Filing deadlines. ( 1 ) In order for an eligible telecommunications carrier to receive federal high-cost support, the state or the eligible telecommunications carrier, if not subject to the jurisdiction of a state, must file an annual certification, as described in paragraph (c) of this section, with both the Administrator and the Commission by October 1 of each year. If a state or eligible telecommunications carrier files the annual certification after the October 1 deadline, the carrier subject to the certification shall receive a reduction in its support pursuant to the following schedule: ( i ) An eligible telecommunications carrier subject to certifications filed after the October 1 deadline, but by October 8, will have its support reduced in an amount equivalent to seven days in support; ( ii ) An eligible telecommunications carrier subject to certifications filed on or after October 9 will have its support reduced on a pro-rata daily basis equivalent to the period of non-compliance, plus the minimum seven-day reduction. ( 2 ) Grace period. If an eligible telecommunications carrier or state submits the annual certification required by this section after October 1 but before October 5, the eligible telecommunications carrier subject to the certification will not receive a reduction in support if the eligible telecommunications carrier and its holding company, operating companies, and affiliates as reported pursuant to § 54.313(a)(8) have not missed the October 1 deadline in any prior year. [ 76 FR 73875 , Nov. 29, 2011; 79 FR 39189 , July 9, 2014; 80 FR 4477 , Jan. 27, 2015] § 54.315 Application process for Connect America Fund phase II support distributed through competitive bidding. ( a ) Application to participate in competitive bidding for Phase II support. In addition to providing information specified in § 1.21001(b) of this chapter and any other information required by the Commission, an applicant to participate in competitive bidding for Phase II auction support shall: ( 1 ) Provide ownership information as set forth in § 1.2112(a) of this chapter ; ( 2 ) Certify that the applicant is financially and technically qualified to meet the public interest obligations of § 54.309 for each relevant tier and in each area for which it seeks support; ( 3 ) Disclose its status as an eligible telecommunications carrier to the extent applicable and certify that it acknowledges that it must be designated as an eligible telecommunications carrier for the area in which it will receive support prior to being authorized to receive support; ( 4 ) Indicate the tier of bids that the applicant plans to make and describe the technology or technologies that will be used to provide service for each tier of bid; ( 5 ) Submit any information required to establish eligibility for any bidding weights adopted by the Commission in an order or public notice; ( 6 ) To the extent that an applicant plans to use spectrum to offer its voice and broadband services, demonstrate it has the proper authorizations, if applicable, and access to operate on the spectrum it intends to use, and that the spectrum resources will be sufficient to cover peak network usage and deliver the minimum performance requirements to serve all of the fixed locations in eligible areas, and certify that it will retain its access to the spectrum for at least 10 years from the date of the funding authorization; and ( 7 ) Submit specified operational and financial information. ( i ) Submit a certification that the applicant has provided a voice, broadband, and/or electric transmission or distribution service for at least two years or that it is a wholly-owned subsidiary of such an entity, and specifying the number of years the applicant or its parent company has been operating, and submit the financial statements from the prior fiscal year that are audited by a certified public accountant. If the applicant is not audited in the ordinary course of business, in lieu of submitting audited financial statements it must certify that it will provide financial statements from the prior fiscal year that are audited by a certified independent public accountant by a specified deadline during the long-form application review process. ( A ) If the applicant has provided a voice and/or broadband service it must certify that it has filed FCC Form 477s as required during this time period. ( B ) If the applicant has operated only an electric transmission or distribution service, it must submit qualified operating or financial reports that it has filed with the relevant financial institution for the relevant time period along with a certification that the submission is a true and accurate copy of the reports that were provided to the relevant financial institution. ( ii ) If an applicant cannot meet the requirements in paragraph (a)(7)(i) of this section, in the alternative it must submit the audited financial statements from the three most recent fiscal years and a letter of interest from a bank meeting the qualifications set forth in paragraph (c)(2) of this section, that the bank would provide a letter of credit as described in paragraph (c) of this section to the bidder if the bidder were selected for bids of a certain dollar magnitude. ( b ) Application by winning bidders for Phase II auction support — ( 1 ) Deadline. As provided by public notice, winning bidders for Phase II auction support shall file an application for Phase II auction support no later than the number of business days specified after the public notice identifying them as winning bidders. ( 2 ) Application contents. An application for Phase II auction support must contain: ( i ) Identification of the party seeking the support, including ownership information as set forth in § 1.2112(a) of this chapter ; ( ii ) Certification that the applicant is financially and technically qualified to meet the public interest obligations of § 54.309 for each tier in which it is a winning bidder and in each area for which it seeks support; ( iii ) Certification that the applicant will meet the relevant public interest obligations for each relevant tier, including the requirement that it will offer service at rates that are equal or lower to the Commission's reasonable comparability benchmarks for fixed wireline services offered in urban areas; ( iv ) A description of the technology and system design the applicant intends to use to deliver voice and broadband service, including a network diagram which must be certified by a professional engineer. The professional engineer must certify that the network is capable of delivering, to at least 95 percent of the required number of locations in each relevant state, voice and broadband service that meets the requisite performance requirements in § 54.309 ; ( v ) Certification that the applicant will have available funds for all project costs that exceed the amount of support to be received from the Phase II auction for the first two years of its support term and that the applicant will comply with all program requirements, including service milestones; ( vi ) A description of how the required construction will be funded, including financial projections that demonstrate the applicant can cover the necessary debt service payments over the life of the loan, if any; ( vii ) Certification that the party submitting the application is authorized to do so on behalf of the applicant; and ( viii ) Such additional information as the Commission may require. ( 3 ) No later than the number of days provided by public notice, the applicant shall submit a letter from a bank meeting the eligibility requirements outlined in paragraph (c) of this section committing to issue an irrevocable stand-by letter of credit, in the required form, to the winning bidder. The letter shall at a minimum provide the dollar amount of the letter of credit and the issuing bank's agreement to follow the terms and conditions of the Commission's model letter of credit. ( 4 ) No later than 180 days after the public notice identifying them as a winning bidder, bidders that did not submit audited financial statements in their short-form application pursuant to paragraph (a)(7)(i) of this section must submit the financial statements from the prior fiscal year that are audited by a certified independent public accountant. ( 5 ) No later than 180 days after the public notice identifying it as a winning bidder, the applicant shall certify that it is an eligible telecommunications carrier in any area for which it seeks support and submit the relevant documentation supporting that certification. ( 6 ) Application processing. ( i ) No application will be considered unless it has been submitted in an acceptable form during the period specified by public notice. No applications submitted or demonstrations made at any other time shall be accepted or considered. ( ii ) Any application that, as of the submission deadline, either does not identify the applicant seeking support as specified in the public notice announcing application procedures or does not include required certifications shall be denied. ( iii ) An applicant may be afforded an opportunity to make minor modifications to amend its application or correct defects noted by the applicant, the Commission, the Administrator, or other parties. Minor modifications include correcting typographical errors in the application and supplying non-material information that was inadvertently omitted or was not available at the time the application was submitted. ( iv ) Applications to which major modifications are made after the deadline for submitting applications shall be denied. Major modifications include, but are not limited to, any changes in the ownership of the applicant that constitute an assignment or change of control, or the identity of the applicant, or the certifications required in the application. ( v ) After receipt and review of the applications, a public notice shall identify each winning bidder that may be authorized to receive Phase II auction support after the winning bidder submits a letter of credit and an accompanying opinion letter as described in paragraph (c) of this section, in a form acceptable to the Commission. Each such winning bidder shall submit a letter of credit and accompanying opinion letter as required by paragraph (c) of this section, in a form acceptable to the Commission no later than the number of business days provided by public notice. ( vi ) After receipt of all necessary information, a public notice will identify each winning bidder that is authorized to receive Phase II auction support. ( c ) Letter of credit. Before being authorized to receive Phase II auction support, a winning bidder shall obtain an irrevocable standby letter of credit which shall be acceptable in all respects to the Commission. ( 1 ) Value. Each recipient authorized to receive Phase II support shall maintain the standby letter of credit or multiple standby letters of credit in an amount equal to at a minimum the amount of Phase II auction support that has been disbursed and that will be disbursed in the coming year, until the Universal Service Administrative Company has verified that the recipient met the final service milestone as described in § 54.310(c) . ( i ) Once the recipient has met its 60 percent service milestone, it may obtain a new letter of credit or renew its existing letter of credit so that it is valued at a minimum at 90 percent of the total support amount already disbursed plus the amount that will be disbursed in the coming year. ( ii ) Once the recipient has met its 80 percent service milestone, it may obtain a new letter of credit or renew its existing letter of credit so that it is valued at a minimum at 60 percent of the total support that has been disbursed plus the amount that will be disbursed in the coming year. ( 2 ) The bank issuing the letter of credit shall be acceptable to the Commission. A bank that is acceptable to the Commission is: ( i ) Any United States bank ( A ) That is insured by the Federal Deposit Insurance Corporation, and ( B ) That has a bank safety rating issued by Weiss of B- or better; or ( ii ) CoBank, so long as it maintains assets that place it among the 100 largest United States Banks, determined on basis of total assets as of the calendar year immediately preceding the issuance of the letter of credit and it has a long-term unsecured credit rating issued by Standard & Poor's of BBB- or better (or an equivalent rating from another nationally recognized credit rating agency); or ( iii ) The National Rural Utilities Cooperative Finance Corporation, so long as it maintains assets that place it among the 100 largest United States Banks, determined on basis of total assets as of the calendar year immediately preceding the issuance of the letter of credit and it has a long-term unsecured credit rating issued by Standard & Poor's of BBB- or better (or an equivalent rating from another nationally recognized credit rating agency); or ( iv ) Any non-United States bank ( A ) That is among the 100 largest non-U.S. banks in the world, determined on the basis of total assets as of the end of the calendar year immediately preceding the issuance of the letter of credit (determined on a U.S. dollar equivalent basis as of such date); ( B ) Has a branch office: ( 1 ) Located in the District of Columbia; or ( 2 ) Located in New York City, New York, or such other branch office agreed to by the Commission, that will accept a letter of credit presentation from the Administrator via overnight courier, in addition to in-person presentations; ( C ) Has a long-term unsecured credit rating issued by a widely-recognized credit rating agency that is equivalent to a BBB- or better rating by Standard & Poor's; and ( D ) Issues the letter of credit payable in United States dollars ( 3 ) A winning bidder for Phase II auction support shall provide with its letter of credit an opinion letter from its legal counsel clearly stating, subject only to customary assumptions, limitations, and qualifications, that in a proceeding under Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the “Bankruptcy Code”), the bankruptcy court would not treat the letter of credit or proceeds of the letter of credit as property of the winning bidder's bankruptcy estate under section 541 of the Bankruptcy Code. ( 4 ) Authorization to receive Phase II auction support is conditioned upon full and timely performance of all of the requirements set forth in this section, and any additional terms and conditions upon which the support was granted. ( i ) Failure by a Phase II auction support recipient to meet its service milestones as required by § 54.310 will trigger reporting obligations and the withholding of support as described in § 54.320(d) . Failure to come into full compliance within 12 months will trigger a recovery action by the Universal Service Administrative Company. If the Phase II recipient does not repay the requisite amount of support within six months, the Universal Service Administrative Company will be entitled to draw the entire amount of the letter of credit and may disqualify the Phase II auction support recipient from the receipt of Phase II auction support or additional universal service support. ( ii ) The default will be evidenced by a letter issued by the Chief of the Wireline Competition Bureau or the Wireless Telecommunications Bureau, or their respective designees, which letter, attached to a standby letter of credit draw certificate, shall be sufficient for a draw on the standby letter of credit for the entire amount of the standby letter of credit. [ 81 FR 44449 , July 7, 2016, as amended at 83 FR 15994 , Apr. 13, 2018; 83 FR 18454 , Apr. 27, 2018; 85 FR 75819 , Nov. 25, 2020; 89 FR 25161 , Apr. 10, 2024] § 54.316 Broadband deployment reporting and certification requirements for high-cost recipients. Cross Reference Link to an amendment published at 88 FR 55937 , Aug. 17, 2023. Cross Reference Link to an amendment published at 89 FR 25161 , Apr. 10, 2024. ( a ) Broadband deployment reporting. Rate-of Return ETCs, ETCs that elect to receive Connect America Phase II model-based support, and ETCs awarded support to serve fixed locations through a competitive bidding process shall have the following broadband reporting obligations: ( 1 ) Recipients of high-cost support with defined broadband deployment obligations pursuant to § 54.308(a) , 54.308(c) , or § 54.310(c) shall provide to the Administrator on a recurring basis information regarding the locations to which the eligible telecommunications carrier is offering broadband service in satisfaction of its public interest obligations, as defined in either § 54.308 or § 54.309 . ( 2 ) Recipients subject to the requirements of § 54.308(a)(1) shall report the number of locations for each state and locational information, including geocodes, separately indicating whether they are offering service providing speeds of at least 4 Mbps downstream/1 Mbps upstream, 10 Mbps downstream/1 Mbps upstream, and 25 Mbps downstream/3 Mbps upstream. ( 3 ) Recipients subject to the requirements of § 54.308(a)(2) shall report the number of newly served locations for each study area and locational information, including geocodes, separately indicating whether they are offering service providing speeds of at least 4 Mbps downstream/1 Mbps upstream, 10 Mbps downstream/1 Mbps upstream, and 25 Mbps downstream/3 Mbps upstream. ( 4 ) Recipients subject to the requirements of § 54.310(c) shall report the number of locations for each state and locational information, including geocodes, where they are offering service at the requisite speeds. Recipients of Connect America Phase II auction support shall also report the technology they use to serve those locations. ( 5 ) Recipients subject to the requirements of § 54.308(c) shall report the number of newly deployed and upgraded locations and locational information, including geocodes, where they are offering service providing speeds they committed to in their adopted performance plans pursuant to § 54.306(b) . ( 6 ) Recipients subject to the requirements of § 54.308(c) or § 54.317(e) shall submit fiber network maps or microwave network maps covering eligible areas. At the end of any calendar year for which middle-mile facilities were deployed, these recipients shall also submit updated maps showing middle-mile facilities that are or will be used to support their services in eligible areas. ( 7 ) Recipients subject to the requirements of § 54.1506 shall report the number of locations for Puerto Rico and the U.S. Virgin Islands and locational information, including geocodes, where they are offering service at the requisite speeds. Recipients shall also report the technologies they use to serve those locations. ( 8 ) Recipients subject to the requirements of § 54.802(c) shall report the number of locations for each state and locational information, including geocodes, where they are offering service at the requisite speeds. Recipients of Rural Digital Opportunity Fund support shall also report the technology they use to serve those locations. ( b ) Broadband deployment certifications. Rate-of Return ETCs, ETCs that elect to receive Connect America Phase II model-based support, and ETCs awarded support through a competitive bidding process shall have the following broadband deployment certification obligations: ( 1 ) Price cap carriers that elect to receive Connect America Phase II model-based support shall provide: No later than March 1, 2017, and every year thereafter ending on no later than March 1, 2021, a certification that by the end of the prior calendar year, it was offering broadband meeting the requisite public interest obligations specified in § 54.309 to the required percentage of its supported locations in each state as set forth in § 54.310(c) . ( 2 ) Rate-of-return carriers electing CAF-ACAM support pursuant to § 54.311 , other than Enhanced A-CAM carriers, shall provide: ( i ) No later than March 1, 2021, and every year thereafter ending on no later than March 1, 2029, a certification that by the end of the prior calendar year, it was offering broadband meeting the requisite public interest obligations specified in § 54.308 to the required percentage of its fully funded locations in the state, pursuant to the interim deployment milestones set forth in § 54.311(d) . ( ii ) No later than March 1, 2027, a certification that as of December 31, 2026, it was offering broadband meeting the requisite public interest obligations specified in § 54.308(a)(1) to all of its fully funded locations in the state and to the required percentage of its capped locations in the state. ( 3 ) Rate-of-return carriers receiving support pursuant to subparts K and M of this part shall provide: ( i ) No later than March 1, 2024, a certification that it fulfilled the deployment obligation meeting the requisite public interest obligations as specified in § 54.308(a)(2) to the required number of locations as of December 31, 2023. ( ii ) Every subsequent five-year period thereafter, a certification that it fulfilled the deployment obligation meeting the requisite public interest obligations as specified in § 54.308(a)(2)(iv) . ( 4 ) Recipients of Connect America Phase II auction support shall provide: By the last business day of the second calendar month following each service milestone in § 54.310(c) , a certification that by the end of the prior support year, it was offering broadband meeting the requisite public interest obligations specific in § 54.309 to the required percentage of its supported locations in each state as set forth in § 54.310(c) . ( 5 ) Recipients of Rural Digital Opportunity Fund support shall provide: No later than March 1 following each service milestone specified by the Commission, a certification that by the end of the prior support year, it was offering broadband meeting the requisite public interest obligations to the required percentage of its supported locations in each state. ( 6 ) A rate-of-return carrier authorized to receive Alaska Plan support pursuant to § 54.306 shall provide: ( i ) No later than March 1, 2022 a certification that it fulfilled the deployment obligations and is offering service meeting the requisite public interest obligations as specified in § 54.308(c) to the required number of locations as of December 31, 2021. ( ii ) No later than March 1, 2027 a certification that it fulfilled the deployment obligations and is offering service meeting the requisite public interest obligations as specified in § 54.308(c) to the required number of locations as of December 31, 2026. ( 7 ) Recipients of Uniendo a Puerto Rico Fund Stage 2 fixed and Connect USVI Fund fixed Stage 2 fixed support shall provide: On an annual basis by the last business day of the second calendar month following each service milestone in § 54.1506 , a certification that by the end of the prior support year, it was offering broadband meeting the requisite public interest obligations specified in § 54.1507 to the required percentage of its supported locations in Puerto Rico and the U.S. Virgin Islands as set forth in § 54.1506 . The annual certification shall quantify the carrier's progress toward or, as applicable, completion of deployment in accordance with the resilience and redundancy commitments in its application and in accordance with the detailed network plan it submitted to the Wireline Competition Bureau. ( c ) Filing deadlines. In order for a recipient of high-cost support to continue to receive support for the following calendar year, or retain its eligible telecommunications carrier designations, it must submit the annual reporting information as set forth below. ( 1 ) Price cap carriers that accepted Phase II model-based support, rate-of-return carriers, and recipients of Rural Digital Opportunity Fund support must submit the annual reporting information required by March 1 as described in paragraphs (a) and (b) of this section. Eligible telecommunications carriers that file their reports after the March 1 deadline shall receive a reduction in support pursuant to the following schedule: ( i ) An eligible telecommunications carrier that files after the March 1 deadline, but by March 8, will have its support reduced in an amount equivalent to seven days in support; ( ii ) An eligible telecommunications carrier that files on or after March 9 will have its support reduced on a pro-rata daily basis equivalent to the period of non-compliance, plus the minimum seven-day reduction; ( iii ) Grace period. An eligible telecommunications carrier that submits the annual reporting information required by this section after March 1 but before March 5 will not receive a reduction in support if the eligible telecommunications carrier and its holding company, operating companies, and affiliates as reported pursuant to § 54.313(a)(8) in their report due July 1 of the prior year have not missed the March 1 deadline in any prior year. ( 2 ) Recipients of support to serve fixed locations awarded through a competitive bidding process must submit the annual reporting information required by the last business day of the second calendar month following the relevant support years as described in paragraphs (a) and (b) of this section. Eligible telecommunications carriers that file their reports after the deadline shall receive a reduction in support pursuant to the following schedule: ( i ) An eligible telecommunications carrier that files after the deadline, but within seven days of the deadline, will have its support reduced in an amount equivalent to seven days in support; ( ii ) An eligible telecommunications carrier that filed on or after the eighth day following the deadline will have its support reduced on a pro-rata daily basis equivalent to the period of non-compliance, plus the minimum seven-day reduction; ( iii ) Grace period. An eligible telecommunications carrier that submits the annual reporting information required by this section within three days of the deadline will not receive a reduction in support if the eligible telecommunications carrier and its holding company, operating companies, and affiliates as reported pursuant to § 54.313(a)(8) in their report due July 1 of the prior year have not missed the deadline in any prior year. [ 81 FR 24341 , Apr. 25, 2016, as amended at 81 FR 44451 , July 7, 2016; 81 FR 69713 , Oct. 7, 2016; 82 FR 14340 , Mar. 20, 2017; 84 FR 4732 , Feb. 19, 2019; 84 FR 59964 , Nov. 7, 2019, 85 FR 13798 , Mar. 10, 2020; 87 FR 13948 , Mar. 11, 2022; 88 FR 55937 , Aug. 17, 2023] Effective Date Note Effective Date Note: At 88 FR 55937 , Aug. 17, 2023, § 54.316 was amended by adding paragraph (a)(9) and (b)(8) However, these paragraphs contain information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 54.317 Alaska Plan for competitive eligible telecommunications carriers serving remote Alaska. ( a ) Election of support. Subject to the requirements of this section, certain competitive eligible telecommunications carriers serving remote areas in Alaska, as defined in § 54.307(e)(3)(i) , shall have a one-time option to elect to participate in the Alaska Plan. Carriers exercising this option with approved performance plans shall have their support frozen for a period of ten years beginning on or after January 1, 2017, at a date set by the Wireless Telecommunications Bureau, notwithstanding § 54.307 . ( b ) Carriers eligible for support. A competitive eligible telecommunications carrier shall be eligible for frozen support pursuant to the Alaska Plan if that carrier serves remote areas in Alaska as defined by § 54.307(e)(3)(i) and if that carrier certified that it served covered locations in Alaska in its September 30, 2011, filing of line counts with the Administrator and submitted a performance plan by August 23, 2016. ( c ) Interim support for remote areas in Alaska. From January 1, 2012, until December 31, 2016, competitive eligible telecommunications carriers subject to the delayed phase down for remote areas in Alaska pursuant to § 54.307(e)(3) shall receive support as calculated in § 54.307(e)(3)(v) . ( d ) Support amounts and support term. For a period of 10 years beginning on or after January 1, 2017, at a date set by the Wireless Telecommunications Bureau, notwithstanding § 54.307 , each Alaska Plan participant shall receive monthly Alaska Plan support in an amount equal to the annualized monthly support amount it received for December 2014. Alaska Plan participants shall no longer be required to file line counts. ( e ) Use of frozen support. Frozen support allocated through the Alaska Plan may only be used to provide mobile voice and mobile broadband service in those census blocks in remote areas of Alaska, as defined in § 54.307(e)(3)(i) , that did not, as of December 31, 2014, receive 4G LTE service directly from providers that were either unsubsidized or ineligible to claim the delayed phase down under § 54.307(e)(3) and covering, in the aggregate, at least 85 percent of the population of the block. Nothing in this section shall be interpreted to limit the use of frozen support to build or upgrade middle-mile infrastructure outside such remote areas of Alaska if such middle mile infrastructure is necessary to the provision of mobile voice and mobile broadband service in such remote areas. Alaska Plan participants may use frozen support to provide mobile voice and mobile broadband service in remote areas of Alaska served by competitive eligible telecommunications carrier partners of ineligible carriers if those areas are served using the competitive eligible telecommunications carrier's infrastructure. ( f ) Performance plans. In order to receive support pursuant to this section, a competitive eligible telecommunications carrier must be subject to a performance plan approved by the Wireless Telecommunications Bureau. The performance plan must indicate specific deployment obligations and performance requirements sufficient to demonstrate that support is being used in the public interest and in accordance with paragraph (e) of this section and the requirements adopted by the Commission for the Alaska Plan. For each level of wireless service offered (2G/Voice, 3G, and 4G LTE) and each type of middle mile used in connection with that level of service, the performance plan must specify minimum speeds that will be offered to a specified population by the end of the fifth year of support and by the end of the tenth year of support. Alaska Plan participants shall, no later than the end of the fourth year of the ten-year term, review and modify their end-of-term commitments in light of any new developments, including newly available infrastructure. The Wireless Telecommunications Bureau may require the filing of revised commitments at other times if justified by developments that occur after the approval of the initial performance commitments. If the specific performance obligations are not achieved in the time period identified in the approved performance plans the carrier shall be subject to § 54.320(c) and (d) . ( g ) Phase down of non-participating competitive eligible telecommunications carrier high-cost support. Notwithstanding § 54.307 , and except as provided in paragraph (h) of this section, support distributed in Alaska on or after January 1, 2017 to competitive eligible telecommunications carriers that serve areas in Alaska other than remote areas of Alaska, that are ineligible for frozen support under paragraphs (b) or (e) of this section, or that do not elect to receive support under this section, shall be governed by this paragraph. Such support shall be subject to phase down in three years as provided in paragraph (g) of this section, except that carriers that are not signatories to the Alaska Plan will instead be subject to a three-year phase down commencing on September 1, 2017, and competitive eligible telecommunications carriers that are signatories to the Alaska Plan but did not submit a performance plan by August 23, 2016 shall not receive support in remote areas beginning January 1, 2017. ( 1 ) From January 1, 2017, to December 31, 2017, each such competitive eligible telecommunications carrier shall receive two-thirds of the monthly support amount the carrier received for December 2014 for the relevant study area. ( 2 ) From January 1, 2018, to December 31, 2018, each such competitive eligible telecommunications carrier shall receive one-third of the monthly support amount the carrier received for December 2014 for the relevant study area. ( 3 ) Beginning January 1, 2019, no such competitive eligible telecommunications carrier shall receive universal service support for the relevant study area pursuant to this section or § 54.307 . ( h ) Support for unserved remote areas of Alaska. Beginning January 1, 2017, support that, but for paragraph (g) of this section, would be allocated to carriers subject to paragraph (g) of this section shall be allocated for a reverse auction, with performance obligations established at the time of such auction, for deployment of mobile service to remote areas of Alaska, as defined in § 54.307(e)(3)(i) , that are without commercial mobile radio service as of December 31, 2014. [ 81 FR 69714 , Oct. 7, 2016] § 54.318 [Reserved] § 54.319 Elimination of high-cost support in areas with 100 percent coverage by an unsubsidized competitor. ( a ) - ( c ) [Reserved] ( d ) High-cost universal service support pursuant to subpart K of this part shall be eliminated for those census blocks of an incumbent rate-of-return local exchange carrier study area where an unsubsidized competitor, or combination of unsubsidized competitors, as defined in § 54.5 , offer(s) voice and broadband service meeting the public interest obligations in § 54.308(a)(2) to at least 85 percent of residential locations in the census block. Qualifying competitors must be able to port telephone numbers from consumers. ( e ) After a determination that a particular census block is served by a competitor as defined in paragraph (d) of this section, support provided pursuant to subpart K of this part shall be disaggregated pursuant to a method elected by the incumbent local exchange carrier. The sum of support that is disaggregated for competitive and non-competitive areas shall equal the total support available to the study area without disaggregation. ( f ) For any incumbent local exchange carrier for which the disaggregated support for competitive census blocks represents less than 25 percent of the support the carrier would have received in the study area in the absence of this rule, support provided pursuant to subpart K of this part shall be reduced according to the following schedule: ( 1 ) In the first year, 66 percent of the incumbent's disaggregated support for the competitive census block will be provided; ( 2 ) In the second year, 33 percent of the incumbent's disaggregated support for the competitive census blocks will be provided; ( 3 ) In the third year and thereafter, no support shall be provided pursuant to subpart K of this part for any competitive census block. ( g ) For any incumbent local exchange carrier for which the disaggregated support for competitive census blocks represents 25 percent or more of the support the carrier would have received in the study area in the absence of this rule, support shall be reduced for each competitive census block according to the following schedule: ( 1 ) In the first year, 83 percent of the incumbent's disaggregated support for the competitive census blocks will be provided; ( 2 ) In the second year, 66 percent of the incumbent's disaggregated support for the competitive census blocks will be provided; ( 3 ) In the third year, 49 percent of the incumbent's disaggregated support for the competitive census blocks will be provided; ( 4 ) In the fourth year, 32 percent of the incumbent's disaggregated support the competitive census block will be provided; ( 5 ) In the fifth year, 15 percent of the incumbent's disaggregated support the competitive census blocks will be provided; ( 6 ) In the sixth year and thereafter, no support shall be paid provided pursuant to subpart K of this part for any competitive census block. ( h ) The Wireline Competition Bureau shall update its analysis of competitive overlap in census blocks every seven years, utilizing the current public interest obligations in § 54.308(a)(2) as the standard that must be met by an unsubsidized competitor. [ 80 FR 4478 , Jan. 27, 2015, as amended at 81 FR 24342 , Apr. 25, 2016; 82 FR 14340 , Mar. 20, 2017; 83 FR 14189 , Apr. 3, 2018; 84 FR 4732 , Feb. 19, 2019] § 54.320 Compliance and recordkeeping for the high-cost program. ( a ) Eligible telecommunications carriers authorized to receive universal service high-cost support are subject to random compliance audits and other investigations to ensure compliance with program rules and orders. ( b ) All eligible telecommunications carriers shall retain all records required to demonstrate to auditors that the support received was consistent with the universal service high-cost program rules. This documentation must be maintained for at least ten years from the receipt of funding. All such documents shall be made available upon request to the Commission and any of its Bureaus or Offices, the Administrator, and their respective auditors. ( c ) Eligible telecommunications carriers authorized to receive high-cost support that fail to comply with public interest obligations or any other terms and conditions may be subject to further action, including the Commission's existing enforcement procedures and penalties, reductions in support amounts, potential revocation of ETC designation, and suspension or debarment pursuant to § 54.8 . ( d ) Eligible telecommunications carriers subject to defined build-out milestones must notify the Commission and USAC, and the relevant state, U.S. Territory, or Tribal government, if applicable, within 10 business days after the applicable deadline if they have failed to meet a build-out milestone. ( 1 ) Interim build-out milestones. Upon notification that an eligible telecommunications carrier has defaulted on an interim build-out milestone after it has begun receiving high-cost support, the Wireline Competition Bureau—or Wireless Telecommunications Bureau in the case of mobile carrier participants—will issue a letter evidencing the default. For purposes of determining whether a default has occurred, a carrier must be offering service meeting the requisite performance obligations. The issuance of this letter shall initiate reporting obligations and withholding of a percentage of the eligible telecommunication carrier's total monthly high-cost support, if applicable, starting the month following the issuance of the letter: ( i ) Tier 1. If an eligible telecommunications carrier has a compliance gap of at least five percent but less than 15 percent of the number of locations that the eligible telecommunications carrier is required to have built out to or, in the case of Alaska Plan mobile-carrier participants, population covered by the specified technology, middle mile, and speed of service in the carrier's approved performance plan, by the interim milestone, the Wireline Competition Bureau or Wireless Telecommunications Bureau, will issue a letter to that effect. Starting three months after the issuance of this letter, the eligible telecommunications carrier will be required to file a report every three months identifying the geocoded locations to which the eligible telecommunications carrier has newly deployed facilities capable of delivering broadband meeting the requisite requirements with Connect America support in the previous quarter, or, in the case of Alaska Plan mobile-carrier participants, the populations to which the competitive eligible telecommunications carrier has extended or upgraded service meeting their approved performance plan and obligations. Eligible telecommunications carriers that do not file these quarterly reports on time will be subject to support reductions as specified in § 54.313(j) . The eligible telecommunications carrier must continue to file quarterly reports until the eligible telecommunications carrier reports that it has reduced the compliance gap to less than five percent of the required number of locations (or population, if applicable) for that interim milestone and the Wireline Competition Bureau or Wireless Telecommunications Bureau issues a letter to that effect. ( ii ) Tier 2. If an eligible telecommunications carrier has a compliance gap of at least 15 percent but less than 25 percent of the number of locations that the eligible telecommunications carrier is required to have built out to or, in the case of Alaska Plan mobile-carrier participants, population covered by the specified technology, middle mile, and speed of service in the carrier's approved performance plan, by the interim milestone, USAC will withhold 15 percent of the eligible telecommunications carrier's monthly support for that support area and the eligible telecommunications carrier will be required to file quarterly reports. Once the eligible telecommunications carrier has reported that it has reduced the compliance gap to less than 15 percent of the required number of locations (or population, if applicable) for that interim milestone for that support area, the Wireline Competition Bureau or Wireless Telecommunications Bureau will issue a letter to that effect, USAC will stop withholding support, and the eligible telecommunications carrier will receive all of the support that had been withheld. The eligible telecommunications carrier will then move to Tier 1 status. ( iii ) Tier 3. If an eligible telecommunications carrier has a compliance gap of at least 25 percent but less than 50 percent of the number of locations that the eligible telecommunications carrier is required to have built out to by the interim milestone, or, in the case of Alaska Plan mobile-carrier participants, population covered by the specified technology, middle mile, and speed of service in the carrier's approved performance plan, USAC will withhold 25 percent of the eligible telecommunications carrier's monthly support for that support area and the eligible telecommunications carrier will be required to file quarterly reports. Once the eligible telecommunications carrier has reported that it has reduced the compliance gap to less than 25 percent of the required number of locations (or population, if applicable) for that interim milestone for that support area, the Wireline Competition Bureau or Wireless Telecommunications Bureau will issue a letter to that effect, the eligible telecommunications carrier will move to Tier 2 status. ( iv ) Tier 4. If an eligible telecommunications carrier has a compliance gap of 50 percent or more of the number of locations that the eligible telecommunications carrier is required to have built out to or, in the case of Alaska Plan mobile-carrier participants, population covered by the specified technology, middle mile, and speed of service in the carrier's approved performance plan, by the interim milestone: ( A ) USAC will withhold 50 percent of the eligible telecommunications carrier's monthly support for that support area, and the eligible telecommunications carrier will be required to file quarterly reports. As with the other tiers, as the eligible telecommunications carrier reports that it has lessened the extent of its non-compliance, and the Wireline Competition Bureau or Wireless Telecommunications Bureau issues a letter to that effect, it will move down the tiers until it reaches Tier 1 (or no longer is out of compliance with the relevant interim milestone). ( B ) If after having 50 percent of its support withheld for six months the eligible telecommunications carrier has not reported that it is eligible for Tier 3 status (or one of the other lower tiers), USAC will withhold 100 percent of the eligible telecommunications carrier's monthly support and will commence a recovery action for a percentage of support that is equal to the eligible telecommunications carrier's compliance gap plus 10 percent of the ETC's support that has been disbursed to that date. ( v ) If at any point during the support term, the eligible telecommunications carrier reports that it is eligible for Tier 1 status, it will have its support fully restored, USAC will repay any funds that were recovered or withheld, and it will move to Tier 1 status. ( 2 ) Final milestone. Upon notification that the eligible telecommunications carrier has not met a final milestone, the eligible telecommunications carrier will have twelve months from the date of the final milestone deadline to come into full compliance with this milestone. If the eligible telecommunications carrier does not report that it has come into full compliance with this milestone within twelve months, the Wireline Competition Bureau—or Wireless Telecommunications Bureau in the case of mobile carrier participants—will issue a letter to this effect. In the case of Alaska Plan mobile carrier participants, USAC will then recover the percentage of support that is equal to 1.89 times the average amount of support per location received by that carrier over the support term for the relevant percentage of population. For other recipients of high-cost support, USAC will then recover the percentage of support that is equal to 1.89 times the average amount of support per location received in the support area for that carrier over the term of support for the relevant number of locations plus 10 percent of the eligible telecommunications carrier's total relevant high-cost support over the support term for that support area. Where a recipient is unable to demonstrate compliance with a final performance testing milestone, USAC will recover the percentage of support that is equal to 1.89 times the average amount of support per location received in the support area for the relevant number of locations for that carrier plus 10 percent of the eligible telecommunications carrier's total relevant high cost-support over the support term for that support area, the total of which will then be multiplied by the percentage of time since the carrier was last able to demonstrate compliance based on performance testing, on a quarterly basis. In the event that a recipient fails to meet a final milestone both for build-out and performance compliance, USAC will recover the total of the percentage of support that is equal to 1.89 times the average amount of support per location received by that carrier over the support term for the relevant number of locations to which the carrier failed to build out; the percentage of support that is equal to 1.89 times the average amount of support per location received in the support area for the relevant number of locations for that carrier multiplied by the percentage of time since the carrier was last able to demonstrate compliance based on performance testing; and 10 percent of the eligible telecommunications carrier's total relevant high-cost support over the support term for that support area. ( 3 ) Compliance reviews. If subsequent to the eligible telecommunications carrier's support term, USAC determines in the course of a compliance review that the eligible telecommunications carrier does not have sufficient evidence to demonstrate that it is offering service to all of the locations required by the final milestone or, in the case of Alaska Plan participants, did not provide service consistent with the carrier's approved performance plan, USAC shall recover a percentage of support from the eligible telecommunications carrier as specified in paragraph (d)(2) of this section. [ 76 FR 73876 , Nov. 29, 2011, as amended at 80 FR 4478 , Jan. 27, 2015; 81 FR 69714 , Oct. 7, 2016; 84 FR 67235 , Dec. 9, 2019] § 54.321 Reporting and certification requirements for Alaska Plan participants. Any competitive eligible telecommunications carrier authorized to receive Alaska Plan support pursuant to § 54.317 shall provide: ( a ) No later than 60 days after the end of each participating carrier's first five-year term of support, a certification that it has met the obligations contained in the performance plan approved by the Wireless Telecommunications Bureau, including any obligations pursuant to a revised approved performance plan and that it has met the requisite public interest obligations contained in the Alaska Plan Order. For Alaska Plan participants receiving more than $5 million annually in support, this certification shall be accompanied by data received or used from drive tests analyzing network coverage for mobile service covering the population for which support was received and showing mobile transmissions to and from the carrier's network meeting or exceeding the minimum expected download and upload speeds delineated in the approved performance plan. ( b ) No later than 60 days after the end of each participating carrier's second five-year term of support, a certification that it has met the obligations contained in the performance plan approved by the Wireless Telecommunications Bureau, including any obligations pursuant to a revised approved performance plan, and that it has met the requisite public interest obligations contained in the Alaska Plan Order. For Alaska Plan participants receiving more than $5 million annually in support, this certification shall be accompanied by data received or used from drive tests analyzing network coverage for mobile service covering the population for which support was received and showing mobile transmissions to and from the carrier's network meeting or exceeding the minimum expected download and upload speeds delineated in the approved performance plan. [ 81 FR 69716 , Oct. 7, 2016] § 54.322 Public interest obligations and performance requirements, reporting requirements, and non-compliance mechanisms for mobile legacy high-cost support recipients. ( a ) General. A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) , or (e)(7)(iii) shall deploy voice and broadband data services that meet at least the 5G-NR (New Radio) technology standards developed by the 3rd Generation Partnership Project with Release 15, or any successor release that may be adopted by the Office of Economics and Analytics and the Wireline Competition Bureau after notice and comment. ( b ) Service milestones and deadlines. A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) , or (e)(7)(iii) shall deploy 5G service that meets the performance requirements specified in paragraph (d) of this section to a percentage of the service areas for which the carrier receives monthly support and on a schedule as specified and adopted by the Office of Economics and Analytics and Wireline Competition Bureau after notice and comment. ( c ) Support usage. A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) or (e)(7)(iii) shall use an increasing percentage of such support for the deployment, maintenance, and operation of mobile networks that provide 5G service as specified in paragraph (a) of this section and that meet the performance requirements specified in paragraph (d) of this section as follows: ( 1 ) Year one support usage. The carrier shall use at least one-third ( 1 ⁄ 3 ) of the total monthly support received pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) , or (e)(7)(iii) in calendar year 2021 as specified in paragraph (c) of this section by December 31, 2021. ( 2 ) Year two support usage. The carrier shall use at least two-thirds ( 2 ⁄ 3 ) of the total monthly support received pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) , or (e)(7)(iii) in calendar year 2022 as specified in paragraph (c) of this section by December 31, 2022. ( 3 ) Year three and subsequent year support usage. The carrier shall use all monthly support received pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) , or (e)(7)(iii) as specified in paragraph (c) of this section in 2023 and thereafter. ( 4 ) Year one support usage flexibility. If the carrier is unable to meet the support usage requirement in paragraph (c)(1) of this section, the carrier shall have the flexibility to instead proportionally increase the support usage requirement in paragraph (c)(2) of this section such that its combined usage of monthly support received pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) , or (e)(7)(iii) in calendar years 2021 and 2022 is equal to the total amount of such support that the carrier receives annually, provided that the carrier certifies to the Wireline Competition Bureau this amount and that it will make up for any shortfall in a filing due by March 31, 2021 or 30 days after Paperwork Reduction Act approval, whichever is later. ( d ) Performance requirements. A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) , or (e)(7)(iii) shall meet the following minimum baseline performance requirements for data speeds, data latency, and data allowances in areas that it has deployed 5G service as specified in paragraph (a) of this section and for which it receives support for at least one plan that it offers: ( 1 ) Median data transmission rates of 35 Mbps download and 3 Mbps upload, and with at least 90 percent of measurements recording data transmission rates of not less than 7 Mbps download and 1 Mbps upload; ( 2 ) Transmission latency of 100 milliseconds or less round trip for successfully transmitted measurements ( i.e., ignoring lost or timed-out packets); with at least 90 percent of measurements recording latency of 100 milliseconds or less round trip, and ( 3 ) At least one service plan offered must include a data allowance that is equivalent to the average United States subscriber data usage as specified and adopted by the Office of Economics and Analytics and Wireline Competition Bureau after notice and comment. ( e ) Collocation obligations. A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) shall allow for reasonable collocation by other carriers of services that would meet the technological requirements specified in paragraph (a) of this section on all cell-site infrastructure constructed with universal service funds that it owns or manages in the area for which it receives such monthly support. In addition, during the time that the mobile competitive eligible telecommunications carrier receives such support, the carrier may not enter into facilities access arrangements that restrict any party to the arrangement from allowing others to collocate on the cell-site infrastructure. ( f ) Voice and data roaming obligations. A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) shall comply with the Commission's voice and data roaming requirements that are currently in effect on networks that are built with universal service funds. ( g ) Reasonably comparable rates. A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) shall offer its services in the areas for which it receives such monthly support at rates that are reasonably comparable to those rates offered in urban areas and must advertise the voice and broadband services it offers in its subsidized service areas. A mobile competitive eligible telecommunications carrier's rates shall be considered reasonably comparable to urban rates, based upon the most recently-available decennial U.S. Census Bureau data identifying areas as urban, if rates for services in rural areas fall within a reasonable range of urban rates for reasonably comparable voice and broadband services. ( 1 ) If the carrier offers service in urban areas, it may demonstrate that it offers reasonably comparable rates if it offers the same rates, terms, and conditions (including usage allowances, if any, for a specific rate) in both urban and rural areas or if one of the carrier's stand-alone voice service plans and one service plan offering data are substantially similar to plans it offers in urban areas. ( 2 ) If the carrier does not offer service in urban areas, it may demonstrate that it offers reasonably comparable rates by identifying a carrier that does offer service in urban areas and the specific rate plans to which its plans are reasonably comparable, along with submission of corroborating evidence that its rates are reasonably comparable, such as marketing materials from the identified carrier. ( h ) Initial report of current service offerings. (1) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) shall submit an initial report describing its current service offerings in its subsidized service areas and how the monthly support it is receiving is being used in such areas no later than three months after the effective date of the Report and Order, FCC 20-150, and Paperwork Reduction Act approval. This report shall include the following information: ( i ) Information regarding the carrier's current service offerings in its subsidized service areas, including the highest level of technology deployed, a target date for when 5G broadband service meeting the performance requirements specified in paragraph (d) of this section will be deployed within the subsidized service area, and an estimate of the percentage of area covered by 5G deployment meeting the performance requirements specified in paragraph (d) of this section within the subsidized service area; (ii) A brief narrative describing its current service offerings and providing an accounting of how monthly support has been used to provide mobile wireless services for the 12-month period prior to the deadline of this report; (iii) Detailed cell-site and sector infrastructure information for infrastructure that the carrier uses to provide service in its subsidized service areas; (iv) Certification that the carrier has filed relevant deployment data (either via FCC Form 477 or the Digital Opportunity Data Collection, as appropriate) that reflect its current deployment covering its subsidized service areas; (v) Certification that the carrier is in compliance with the public interest obligations as set forth in this section and all of the terms and conditions associated with the continued receipt of such monthly support disbursements; and (vi) Additional information as required by the Office of Economics and Analytics and Wireline Competition Bureau after release of a public notice detailing the procedures to file this report. ( 2 ) The party submitting the report must certify that it has been authorized to do so by the mobile competitive eligible telecommunications carrier that receives support. ( 3 ) Each initial report of current service offerings shall be submitted solely via the Administrator's online portal. ( i ) The Commission and the Administrator shall treat infrastructure data submitted as part of such reports as presumptively confidential. ( ii ) The Administrator shall make such reports available to the Commission and to the relevant state, territory, and Tribal governmental entities, as applicable. ( 4 ) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) shall have a continuing obligation to maintain the accuracy and completeness of the information provided in its initial report. Any substantial change in the accuracy or completeness of such a report must be reported as an update to its submitted report within ten (10) business days after the reportable event occurs. ( 5 ) The Commission shall retain the authority to look behind a mobile competitive eligible telecommunications carrier's initial report and to take action to address any violations. ( i ) Annual reports. (1) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) (e)(6) , or (e)(7) shall submit an annual report no later than July 1 in each year following the year in which its initial report of current service offerings as specified in paragraph (h) of this section is submitted. Each such report shall include the following information: ( i ) Except for areas for which the carriers receives monthly support pursuant to § 54.307(e)(5)(iv) , (e)(6)(iv) or (e)(7)(iv) , updated information regarding the carrier's current service offerings in its subsidized service areas for the previous calendar year, including the highest level of technology deployed, a target date for when 5G broadband service meeting the performance requirements specified in paragraph (d) of this section will be deployed within the subsidized service area, and an estimate of the percentage of area covered by 5G deployment meeting the performance requirements specified in paragraph (d) of this section within the subsidized service area; ( ii ) A brief narrative providing an accounting of the support the carrier has received and how monthly support has been used to provide mobile wireless services for the previous calendar year, with an indication of which of these expenditures were used to meet the requirements specified in paragraph (c) of this section within the subsidized service area; ( iii ) Detailed cell-site and sector infrastructure information for infrastructure that the carrier uses to provide service in its subsidized service areas; ( iv ) Certification that the carrier has filed relevant deployment data (either via FCC Form 477 or the Digital Opportunity Data Collection, as appropriate) that reflect its current deployment covering its subsidized service areas; ( v ) Certification that the carrier is in compliance with the public interest obligations as set forth in this section and all of the terms and conditions associated with the continued receipt of monthly support; and ( vi ) Additional information as required by the Office of Economics and Analytics and Wireline Competition Bureau after release of a public notice detailing the procedures to file these reports. (2) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) shall supplement the information provided to the Administrator in any annual report within ten (10) business days from the onset of any reduction in the percentage of areas for which the recipient receives support being served after the filing of an initial or annual certification report or in the event of any failure to comply with any of the requirements for continued receipt of such support. (3) The party submitting the annual report must certify that it has been authorized to do so by mobile competitive eligible telecommunications carrier that receives support. (4) Each annual report shall be submitted solely via the Administrator's online portal. ( i ) The Commission and the Administrator shall treat infrastructure data submitted as part of such a report as presumptively confidential. ( ii ) The Administrator shall make such reports available to the Commission and to the relevant state, territory, and Tribal governmental entities, as applicable. ( 5 ) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) shall have a continuing obligation to maintain the accuracy and completeness of the information provided in its annual reports. Any substantial change in the accuracy or completeness of any such report must be reported as an update to the submitted annual report within ten (10) business days after the reportable event occurs. ( 6 ) The Commission shall retain the authority to look behind a mobile competitive eligible telecommunications carrier's annual reports and to take action to address any violations. ( j ) Service milestone reports. ( 1 ) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5)(ii) , (e)(5)(iii) , (e)(6)(iii) , or (e)(7)(iii) shall submit a report after each of the service milestones described in paragraph (b) of this section by the deadlines established by the Office of Economics and Analytics and Wireline Competition Bureau demonstrating that it has deployed 5G service that meets the performance requirements specified in paragraph (d) of this section, which shall include information as required by the Office of Economics and Analytics and Wireline Competition Bureau in a public notice. ( 2 ) All data submitted in or certified to in any service milestone report shall be subject to verification by the Administrator for compliance with the performance requirements specified in paragraph (d) of this section. ( k ) Non-compliance measures for failure to comply with performance requirements or public interest obligations. ( 1 ) A mobile competitive eligible telecommunications carrier that receives monthly support pursuant to § 54.307(e)(5) (e)(6) , or (e)(7) that fails to comply with the public interest obligations set forth in paragraphs (e) through (j) of this section, fails to comply with the performance requirements set forth in paragraph (d) of this section at the prescribed level by the applicable service milestone deadline established in paragraph (b) of this section, or that fails to use monthly support as set forth in paragraph (c) of this section must notify the Wireline Competition Bureau and the Administrator within 10 business days of its non-compliance. ( 2 ) Upon notification by a carrier of its non-compliance pursuant to paragraph (k) of this section, or a determination by the Administrator or Wireline Competition Bureau of a carrier's non-compliance with any of the public interest obligations set forth in paragraphs (e) through (j) of this section or the performance requirements set forth in paragraph (d) of this section, the carrier will be deemed to be in default, and for monthly support received pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) , will no longer be eligible to receive such support, will receive no further support disbursements, and may be subject to recovery of up to the amount of support received since the effective date of the Report and Order, FCC 20-150, that was not used for the deployment, maintenance, and operation of mobile networks that provide 5G service as specified in paragraph (a) of this section and that meet the performance requirements specified in paragraph (d) of this section. The carrier may also be subject to further action, including the Commission's existing enforcement procedures and penalties, potential revocation of ETC designation, and suspension or debarment pursuant to § 54.8 . ( 3 ) A mobile competitive eligible telecommunications carrier that voluntarily relinquishes receipt of monthly support pursuant to § 54.307(e)(5) , (e)(6) , or (e)(7) will no longer be required to comply with the public interest obligations specified in this section, except that the carrier may be deemed to be in default and subject to recovery of support as set forth in paragraph (k)(2) of this section. [ 85 FR 75819 , Nov. 25, 2020] Effective Date Note Effective Date Note: At 85 FR 75819 , Nov. 25, 2020, § 54.322 was added, However, paragraphs (b), (g), (h), (i) and (j), have a delayed effective date. Subpart E—Universal Service Support for Low-Income Consumers § 54.400 Terms and definitions. As used in this subpart, the following terms shall be defined as follows: ( a ) Qualifying low-income consumer. A “qualifying low-income consumer” is a consumer who meets the qualifications for Lifeline, as specified in § 54.409 . ( b ) Toll blocking service. “Toll blocking service” is a service provided by an eligible telecommunications carrier that lets subscribers elect not to allow the completion of outgoing toll calls from their telecommunications channel. ( c ) Toll control service. “Toll control service” is a service provided by an eligible telecommunications carrier that allows subscribers to specify a certain amount of toll usage that may be incurred on their telecommunications channel per month or per billing cycle. ( d ) Toll limitation service. “Toll limitation service” denotes either toll blocking service or toll control service for eligible telecommunications carriers that are incapable of providing both services. For eligible telecommunications carriers that are capable of providing both services, “toll limitation service” denotes both toll blocking service and toll control service. ( e ) Eligible resident of Tribal lands. An “eligible resident of Tribal lands” is a “qualifying low-income consumer,” as defined in paragraph (a) of this section, living on Tribal lands. For purposes of this subpart, “Tribal lands” include any federally recognized Indian tribe's reservation, pueblo, or colony, including former reservations in Oklahoma; Alaska Native regions established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688); Indian allotments; Hawaiian Home Lands—areas held in trust for Native Hawaiians by the state of Hawaii, pursuant to the Hawaiian Homes Commission Act, 1920 July 9, 1921, 42 Stat. 108, et. seq., as amended; and any land designated as such by the Commission for purposes of this subpart pursuant to the designation process in § 54.412 . ( f ) Income. “Income” means gross income as defined under section 61 of the Internal Revenue Code, 26 U.S.C. 61 , for all members of the household. This means all income actually received by all members of the household from whatever source derived, unless specifically excluded by the Internal Revenue Code, Part III of Title 26, 26 U.S.C. 101 et seq. ( g ) Duplicative support. “Duplicative support” exists when a Lifeline subscriber is receiving two or more Lifeline services concurrently or two or more subscribers in a household are receiving Lifeline services or Tribal Link Up support concurrently. ( h ) Household. A “household” is any individual or group of individuals who are living together at the same address as one economic unit. A household may include related and unrelated persons. An “economic unit” consists of all adult individuals contributing to and sharing in the income and expenses of a household. An adult is any person eighteen years or older. If an adult has no or minimal income, and lives with someone who provides financial support to him/her, both people shall be considered part of the same household. Children under the age of eighteen living with their parents or guardians are considered to be part of the same household as their parents or guardians. ( i ) National Lifeline Accountability Database or Database. The “National Lifeline Accountability Database” or “Database” is an electronic system, with associated functions, processes, policies and procedures, to facilitate the detection and elimination of duplicative support, as directed by the Commission. ( j ) Qualifying assistance program. A “qualifying assistance program” means any of the federal or Tribal assistance programs the participation in which, pursuant to § 54.409(a) or (b) , qualifies a consumer for Lifeline service, including Medicaid; Supplemental Nutrition Assistance Program; Supplemental Security Income; Federal Public Housing Assistance; Veterans and Survivors Pension Benefit; Bureau of Indian Affairs general assistance; Tribally administered Temporary Assistance for Needy Families (Tribal TANF); Head Start (only those households meeting its income qualifying standard); or the Food Distribution Program on Indian Reservations (FDPIR). ( k ) Direct service. As used in this subpart, direct service means the provision of service directly to the qualifying low-income consumer. ( l ) Broadband Internet access service. “Broadband Internet access service” is defined as a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up service. ( m ) Voice telephony service. “Voice telephony service” is defined as voice grade access to the public switched network or its functional equivalent; minutes of use for local service provided at no additional charge to end users; access to the emergency services provided by local government or other public safety organizations, such as 911 and enhanced 911, to the extent the local government in an eligible carrier's service area has implemented 911 or enhanced 911 systems; and toll limitation services to qualifying low-income consumers as provided in subpart E of this part . ( n ) Supported service. Voice telephony service is the supported service for the Lifeline program. ( o ) National Lifeline Eligibility Verifier. The “National Lifeline Eligibility Verifier” or “National Verifier” is an electronic and manual system with associated functions, processes, policies and procedures, to facilitate the determination of consumer eligibility for the Lifeline program, as directed by the Commission. ( p ) Enrollment representatives. An employee, agent, contractor, or subcontractor, acting on behalf of an eligible telecommunications carrier or third-party entity, who directly or indirectly provides information to the Universal Service Administrative Company or a state entity administering the Lifeline Program for the purpose of eligibility verification, enrollment, recertification, subscriber personal information updates, benefit transfers, or de-enrollment. ( q ) Survivor. “Survivor” has the meaning given such term at 47 CFR 64.6400(m) . ( r ) Emergency communications support. “Emergency communications support” means support received through the Lifeline program by qualifying survivors pursuant to the Safe Connections Act of 2022, Public Law 117-223 . ( s ) Financial hardship. A survivor is suffering from “financial hardship” when the survivor's household satisfies the requirements detailed at § 54.409(a)(1) or (2) or is a household in which— ( 1 ) The household's income as defined in paragraph (f) of this section is at or below 200% of the Federal Poverty Guidelines for a household of that size; ( 2 ) At least one member of the household has applied for and been approved to receive benefits under the free and reduced price lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ), or at least one member of the household is enrolled in a school or school district that participates in the Community Eligibility Provision ( 42 U.S.C. 1759a ); ( 3 ) At least one member of the household has received a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) in the current award year, if such award is verifiable through the National Verifier or National Lifeline Accountability Database or the participating provider verifies eligibility under § 54.1806(a)(2) ; and ( 4 ) At least one member of the household receives assistance through the special supplemental nutritional program for women, infants and children established by section 17 of the Child Nutrition Act of 1996 ( 42 U.S.C. 1786 ). [ 77 FR 12966 , Mar. 2, 2012, as amended at 80 FR 40935 , July 14, 2015; 81 FR 33089 , May 24, 2016; 84 FR 71327 , Dec. 27, 2019; 86 FR 1021 , Jan.7, 2021; 88 FR 84446 , Dec. 5, 2023] § 54.401 Lifeline defined. ( a ) As used in this subpart, Lifeline means a non-transferable retail service offering provided directly to qualifying low-income consumers: ( 1 ) For which qualifying low-income consumers pay reduced charges as a result of application of the Lifeline support amount described in § 54.403 ; and ( 2 ) That provides qualifying low-income consumers with voice telephony service or broadband Internet access service as defined in § 54.400 . Toll limitation service does not need to be offered for any Lifeline service that does not distinguish between toll and non-toll calls in the pricing of the service. If an eligible telecommunications carrier charges Lifeline subscribers a fee for toll calls that is in addition to the per month or per billing cycle price of the subscribers' Lifeline service, the carrier must offer toll limitation service at no charge to its subscribers as part of its Lifeline service offering. ( b ) Eligible telecommunications carriers may allow qualifying low-income consumers to apply Lifeline discounts to any residential service plan with the minimum service levels set forth in § 54.408 that includes fixed or mobile voice telephony service, broadband Internet access service, or a bundle of broadband Internet access service and fixed or mobile voice telephony service; and plans that include optional calling features such as, but not limited to, caller identification, call waiting, voicemail, and three-way calling. ( 1 ) Eligible telecommunications carriers may permit qualifying low-income consumers to apply their Lifeline discount to family shared data plans. ( 2 ) Eligible telecommunications carriers may allow qualifying low-income consumers to apply Lifeline discounts to any residential service plan that includes voice telephony service without qualifying broadband Internet access service prior to December 1, 2021. ( 3 ) Beginning December 1, 2016, eligible telecommunications carriers must provide the minimum service levels for each offering of mobile voice service as defined in § 54.408 . ( 4 ) Beginning December 1, 2021, eligible telecommunications carriers must provide the minimum service levels for broadband Internet access service in every Lifeline offering. ( c ) Eligible telecommunications carriers may not collect a service deposit in order to initiate Lifeline for voice-only service plans that: ( 1 ) Do not charge subscribers additional fees for toll calls; or ( 2 ) That charge additional fees for toll calls, but the subscriber voluntarily elects toll limitation service. ( d ) When an eligible telecommunications carrier is designated by a state commission, the state commission shall file or require the eligible telecommunications carrier to file information with the Administrator demonstrating that the carrier's Lifeline plan meets the criteria set forth in this subpart and describing the terms and conditions of any voice telephony service plans offered to Lifeline subscribers, including details on the number of minutes provided as part of the plan, additional charges, if any, for toll calls, and rates for each such plan. To the extent the eligible telecommunications carrier offers plans to Lifeline subscribers that are generally available to the public, it may provide summary information regarding such plans, such as a link to a public Web site outlining the terms and conditions of such plans. Lifeline assistance shall be made available to qualifying low-income consumers as soon as the Administrator certifies that the carrier's Lifeline plan satisfies the criteria set out in this subpart. ( e ) Consistent with § 52.33(a)(1)(i)(C) of this chapter , eligible telecommunications carriers may not charge Lifeline customers a monthly number-portability charge. ( f ) Eligible telecommunications carriers may aggregate eligible subscribers' benefits to provide a collective service to a group of subscribers, provided that each qualifying low-income consumer subscribed to the collective service receives residential service that meets the requirements of paragraph (a) of this section and § 54.408 . [ 77 FR 12967 , Mar. 2, 2012, as amended at 80 FR 40935 , July 14, 2015; 81 FR 33090 , May 24, 2016] § 54.403 Lifeline support amount. ( a ) The federal Lifeline support amount for all eligible telecommunications carriers shall equal: ( 1 ) Basic support amount. Federal Lifeline support in the amount of $9.25 per month will be made available to an eligible telecommunications carrier providing Lifeline service to a qualifying low-income consumer, except as provided in paragraph (a)(2) of this section, if that carrier certifies to the Administrator that it will pass through the full amount of support to the qualifying low-income consumer and that it has received any non-federal regulatory approvals necessary to implement the rate reduction. ( 2 ) For a Lifeline provider offering either standalone voice service, subject to the minimum service standards set forth in § 54.408 , or voice service with broadband below the minimum standards set forth in § 54.408 , the support levels will be as follows: ( i ) Until December 1, 2019, the support amount will be $9.25 per month. ( ii ) From December 1, 2019 until November 30, 2020, the support amount will be $7.25 per month. ( iii ) From December 1, 2020 until November 30, 2021, the support amount will be $5.25 per month. ( iv ) On December 1, 2021, standalone voice service, or voice service not bundled with broadband which meets the minimum standards set forth in § 54.408 , will not be eligible for Lifeline support unless the Commission has previously determined otherwise. ( v ) Notwithstanding paragraph (a)(2)(iv) of this section, on December 1, 2021, the support amount for standalone voice service, or voice service not bundled with broadband which meets the minimum standards set forth in § 54.408 , provided by a provider that is the only Lifeline provider in a Census block will be the support amount specified in paragraph (a)(2)(iii) of this section. ( 3 ) Tribal lands support amount. Additional Federal Lifeline support of up to $25 per month will be made available to an eligible telecommunications carrier providing Lifeline service to an eligible resident of Tribal lands, as defined in § 54.400(e) , to the extent that the eligible telecommunications carrier certifies to the Administrator that it will pass through the full Tribal lands support amount to the qualifying eligible resident of Tribal lands and that it has received any non-Federal regulatory approvals necessary to implement the required rate reduction. ( 4 ) Emergency communications support amount. Emergency communications support in the amount of up to $9.25 per month will be made available to eligible telecommunications carriers providing service to qualifying survivors. An eligible telecommunications carrier must certify to the Administrator that it will pass through the full amount of support to the qualifying survivor and that it has received any non-Federal regulatory approvals necessary to implement the rate reduction. ( i ) The base reimbursement in this paragraph (a)(4) can be applied to survivors receiving service that meets either the minimum service standard for voice service or broadband internet access service, as determined in accordance with § 54.408 . ( ii ) Additional Federal Lifeline support of up to $25 per month will be made available to an eligible telecommunications carrier providing emergency communications support to an eligible survivor resident of Tribal lands, as defined in § 54.400(e) , to the extent that the eligible telecommunications carrier certifies to the Administrator that it will pass through the full Tribal lands support amount to the qualifying eligible resident of Tribal lands and that it has received any non-Federal regulatory approvals necessary to implement the required rate reduction. ( 5 ) Compliance date. Compliance with paragraph (a)(4) of this section will not be required until this paragraph (a)(5) is removed or contains a compliance date, which will not occur until the later of July 15, 2024; or after the Office of Management and Budget (OMB) completes review of any information collection requirements in paragraph (a)(4) that the Wireline Competition Bureau determines is required under the Paperwork Reduction Act or the Wireline Competition Bureau determines that such review is not required. The Commission directs the Wireline Competition Bureau to announce a compliance date for paragraph (a)(4) by subsequent Public Notice and notification in the Federal Register and to cause this section to be revised accordingly. ( b ) Application of Lifeline discount amount. ( 1 ) Eligible telecommunications carriers that charge Federal End User Common Line charges or equivalent Federal charges must apply Federal Lifeline support to waive the Federal End User Common Line charges for Lifeline subscribers if the carrier is seeking Lifeline reimbursement for eligible voice telephony service provided to those subscribers. Such carriers must apply any additional Federal support amount to a qualifying low-income consumer's intrastate rate, if the carrier has received the non-Federal regulatory approvals necessary to implement the required rate reduction. Other eligible telecommunications carriers must apply the Federal Lifeline support amount, plus any additional support amount, to reduce the cost of any generally available residential service plan or package offered by such carriers that provides at least one service commensurate with the requirements outlined in § 54.408 , and charge Lifeline subscribers the resulting amount. ( 2 ) [Reserved] [ 77 FR 12967 , Mar. 2, 2012, as amended at 81 FR 33090 , May 24, 2016; 83 FR 2084 , Jan. 16, 2018; 86 FR 1021 , Jan. 7, 2021; 88 FR 34782 , May 31, 2023; 88 FR 84446 , Dec. 5, 2023] § 54.404 The National Lifeline Accountability Database. ( a ) State certification. An eligible telecommunications carrier operating in a state that provides an approved valid certification to the Commission in accordance with this section is not required to comply with the requirements set forth in paragraphs (b) and (c) of this section with respect to the eligible telecommunications carriers' subscribers in that state. A valid certification must include a statement that the state has a comprehensive system in place to prevent duplicative federal Lifeline support that is at least as robust as the system adopted by the Commission and that incorporates information from all eligible telecommunications carriers receiving low-income support in the state and their subscribers. A valid certification must also describe in detail how the state system functions and for each requirement adopted by the Commission to prevent duplicative support, how the state system performs the equivalent functions. The certification must be submitted to the Commission no later than six months from the effective date of this section of the Commission's rules to be valid. Such certification will be considered approved unless the Wireline Competition Bureau rejects the certification within 90 days of filing. ( b ) The National Lifeline Accountability Database. In order to receive Lifeline support, eligible telecommunications carriers operating in states that have not provided the Commission with approved valid certification pursuant to paragraph (a) of this section must comply with the following requirements: ( 1 ) All eligible telecommunications carriers must query the National Lifeline Accountability Database to determine whether a prospective subscriber who has executed a certification pursuant to § 54.410(d) is currently receiving a Lifeline service from another eligible telecommunications carrier; and whether anyone else living at the prospective subscriber's residential address is currently receiving a Lifeline service. ( 2 ) If the Database indicates that a prospective subscriber, who is not seeking to port his or her telephone number, is currently receiving a Lifeline service, the eligible telecommunications carrier must not provide and shall not seek or receive Lifeline reimbursement for that subscriber. ( 3 ) If the Database indicates that another individual at the prospective subscriber's residential address is currently receiving a Lifeline service, the eligible telecommunications carrier must not seek and will not receive Lifeline reimbursement for providing service to that prospective subscriber, unless the prospective subscriber has certified, pursuant to § 54.410(d) , that to the best of his or her knowledge, no one in his or her household is already receiving a Lifeline service. This certification may be collected by the eligible telecommunications carrier prior to initial enrollment, but the certification shall not be recorded in the Database unless the eligible telecommunications carrier receives a notification from the Database or state administrator that another Lifeline subscriber resides at the same address as the prospective subscriber. ( 4 ) An eligible telecommunications carrier is not required to comply with paragraphs (b)(1) through (3) of this section if it receives notice from a state Lifeline administrator or other state agency that the administrator or other agency has queried the Database about a prospective subscriber and that providing the prospective subscriber with a Lifeline benefit would not result in duplicative support. ( 5 ) Eligible telecommunications carriers may query the Database only for the purposes provided in paragraphs (b)(1) through (b)(3) of this section, and to determine whether information with respect to its subscribers already in the Database is correct and complete. ( 6 ) Eligible telecommunications carriers must transmit to the Database in a format prescribed by the Administrator each new and existing Lifeline subscriber's full name; full residential address; date of birth and the last four digits of the subscriber's Social Security number or Tribal Identification number, if the subscriber is a member of a Tribal nation and does not have a Social Security number; the telephone number associated with the Lifeline service; the date on which the Lifeline service was initiated; the date on which the Lifeline service was terminated, if it has been terminated; the amount of support being sought for that subscriber; and the means through which the subscriber qualified for Lifeline. ( 7 ) In the event that two or more eligible telecommunications carriers transmit the information required by this paragraph to the Database for the same subscriber, only the eligible telecommunications carrier whose information was received and processed by the Database first, as determined by the Administrator, will be entitled to reimbursement from the Fund for that subscriber. ( 8 ) All eligible telecommunications carriers must update an existing Lifeline subscriber's information in the Database within ten business days of receiving any change to that information, except as described in paragraph (b)(10) of this section. ( 9 ) All eligible telecommunications carriers must obtain, from each new and existing subscriber, consent to transmit the subscriber's information. Prior to obtaining consent, the eligible telecommunications carrier must describe to the subscriber, using clear, easily understood language, the specific information being transmitted, that the information is being transmitted to the Administrator to ensure the proper administration of the Lifeline program, and that failure to provide consent will result in subscriber being denied the Lifeline service. ( 10 ) When an eligible telecommunications carrier de-enrolls a subscriber, it must transmit to the Database the date of Lifeline service de-enrollment within one business day of de-enrollment. ( 11 ) All eligible telecommunications carriers must securely retain subscriber documentation that the ETC reviewed to verify subscriber eligibility, for the purposes of production during audits or investigations or to the extent required by NLAD processes, which require, inter alia, verification of eligibility, identity, address, and age. ( 12 ) An eligible telecommunications carrier must not enroll or claim for reimbursement a prospective subscriber in Lifeline if the National Lifeline Accountability Database or National Verifier cannot verify the identity of the subscriber or the subscriber's status as alive, unless the subscriber produces documentation to demonstrate his or her identity and status as alive. ( c ) Tribal Link Up and the National Lifeline Accountability Database. In order to receive universal service support reimbursement for Tribal Link Up, eligible telecommunications carriers operating in states that have not provided the Commission with a valid certification pursuant to paragraph (a) of this section, must comply with the following requirements: ( 1 ) Such eligible telecommunications carriers must query the Database to determine whether a prospective Link Up recipient who has executed a certification pursuant to § 54.410(d) has previously received a Link Up benefit at the residential address provided by the prospective subscriber. ( 2 ) If the Database indicates that a prospective subscriber has received a Link Up benefit at the residential address provided by the subscriber, the eligible telecommunications provider must not seek Link Up reimbursement for that subscriber. ( 3 ) An eligible telecommunications carrier is not required to comply with paragraphs (c)(1) through (c)(2) of this section, if it receives notice from a state Lifeline administrator or other state agency that the administrator or other agency has queried the Database about a prospective subscriber and that providing the prospective subscriber with a Link Up benefit would not result in duplicative support or support to a subscriber who had already received Link Up support at that residential address. ( 4 ) All eligible telecommunications carriers must transmit to the Database in a format prescribed by the Administrator each new and existing Link Up recipient's full name; residential address; date of birth; and the last four digits of the subscriber's Social Security number, or Tribal identification number if the subscriber is a member of a Tribal nation and does not have a Social Security number; the telephone number associated with the Link Up support; and the date of service activation. Where two or more eligible telecommunications carriers transmit the information required by this paragraph to the Database for the same subscriber, only the eligible telecommunications carrier whose information was received and processed by the Database first, as determined by the Administrator, will be entitled to reimbursement from the Fund for that subscriber. ( 5 ) All eligible telecommunications carriers must obtain, from each new and existing subscriber, consent to transmit the information required in paragraph (c) of this section. Prior to obtaining consent, the eligible telecommunications carrier must describe to the subscriber, using clear, easily understood language, the specific information being transmitted, that the information is being transmitted to the Administrator to ensure the proper administration of the Link Up program, and that failure to provide consent will result in the subscriber being denied the Link Up benefit. [ 77 FR 12968 , Mar. 2, 2012, as amended at 80 FR 40935 , July 14, 2015; 84 FR 71327 , Dec. 27, 2019] § 54.405 Carrier obligation to offer Lifeline. All eligible telecommunications carriers must: ( a ) Make available Lifeline service, as defined in § 54.401 , to qualifying low-income consumers. ( b ) Publicize the availability of Lifeline service in a manner reasonably designed to reach those likely to qualify for the service. ( c ) Indicate on all materials describing the service, using easily understood language, that it is a Lifeline service, that Lifeline is a government assistance program, the service is non-transferable, only eligible consumers may enroll in the program, and the program is limited to one discount per household. For the purposes of this section, the term “materials describing the service” includes all print, audio, video, and web materials used to describe or enroll in the Lifeline service offering, including application and certification forms. ( d ) Disclose the name of the eligible telecommunications carrier on all materials describing the service. ( e ) De-enrollment — ( 1 ) De-enrollment generally. If an eligible telecommunications carrier has a reasonable basis to believe that a Lifeline subscriber no longer meets the criteria to be considered a qualifying low-income consumer under § 54.409 , the carrier must notify the subscriber of impending termination of his or her Lifeline service. Notification of impending termination must be sent in writing separate from the subscriber's monthly bill, if one is provided, and must be written in clear, easily understood language. A carrier providing Lifeline service in a state that has dispute resolution procedures applicable to Lifeline termination that requires, at a minimum, written notification of impending termination, must comply with the applicable state requirements. The carrier must allow a subscriber 30 days following the date of the impending termination letter required to demonstrate continued eligibility. A subscriber making such a demonstration must present proof of continued eligibility to the carrier consistent with applicable annual re-certification requirements, as described in § 54.410(f) . An eligible telecommunications carrier must de-enroll any subscriber who fails to demonstrate eligibility within five business days after the expiration of the subscriber's time to respond. A carrier providing Lifeline service in a state that has dispute resolution procedures applicable to Lifeline termination must comply with the applicable state requirements. ( 2 ) De-enrollment for duplicative support. Notwithstanding paragraph (e)(1) of this section, upon notification by the Administrator to any eligible telecommunications carrier that a subscriber is receiving Lifeline service from another eligible telecommunications carrier or that more than one member of a subscriber's household is receiving Lifeline service and therefore that the subscriber should be de-enrolled from participation in that carrier's Lifeline program, the eligible telecommunications carrier must de-enroll the subscriber from participation in that carrier's Lifeline program within five business days. An eligible telecommunications carrier shall not be eligible for Lifeline reimbursement for any de-enrolled subscriber following the date of that subscriber's de-enrollment. ( 3 ) De-enrollment for non-usage. Notwithstanding paragraph (e)(1) of this section, if a Lifeline subscriber fails to use, as “usage” is defined in § 54.407(c)(2) , for 30 consecutive days a Lifeline service that does not require the eligible telecommunications carrier to assess and collect a monthly fee from its subscribers, an eligible telecommunications carrier must provide the subscriber 15 days' notice, using clear, easily understood language, that the subscriber's failure to use the Lifeline service within the 15-day notice period will result in service termination for non-usage under this paragraph. Eligible telecommunications carriers shall report to the Commission annually the number of subscribers de-enrolled for non-usage under this paragraph. This de-enrollment information must be reported by month and must be submitted to the Commission at the time an eligible telecommunications carrier submits its annual certification report pursuant to § 54.416 . ( 4 ) De-enrollment for failure to re-certify. Notwithstanding paragraph (e)(1) of this section, an eligible telecommunications carrier must de-enroll a Lifeline subscriber who does not respond to the carrier's attempts to obtain re-certification of the subscriber's continued eligibility as required by § 54.410(f) ; or who fails to provide the annual one-per-household re-certifications as required by § 54.410(f) . Prior to de-enrolling a subscriber under this paragraph, the eligible telecommunications carrier must notify the subscriber in writing separate from the subscriber's monthly bill, if one is provided, using clear, easily understood language, that failure to respond to the re-certification request will trigger de-enrollment. A subscriber must be given 60 days to respond to recertification efforts. If a subscriber does not respond to the carrier's notice of impending de-enrollment, the carrier must de-enroll the subscriber from Lifeline within five business days after the expiration of the subscriber's time to respond to the re-certification efforts. ( 5 ) De-enrollment requested by subscriber. If an eligible telecommunications carrier receives a request from a subscriber to de-enroll, it must de-enroll the subscriber within two business days after the request. ( 6 ) De-enrollment from emergency communications support. Notwithstanding paragraph (e)(1) of this section, upon determination by the Administrator that a subscriber receiving emergency communications support has exhausted the subscriber's six months of support and has not qualified to participate in the Lifeline program as defined by § 54.409 , the Administrator must de-enroll the subscriber from participation in the Lifeline program within five business days. An eligible telecommunications carrier shall not be eligible for Lifeline reimbursement for any de-enrolled subscriber following the date of that subscriber's de-enrollment. ( 7 ) Compliance date. Compliance with paragraph (e)(6) of this section will not be required until this paragraph (e)(7) is removed or contains a compliance date, which will not occur until the later of July 15, 2024; or after OMB completes review of any information collection requirements in this subpart, §§ 54.403(a)(4) , 54.410(d)(2)(ii) , 54.410(i) , and 54.424 , that the Wireline Competition Bureau determines is required under the Paperwork Reduction Act or the Wireline Competition Bureau determines that such review is not required. The Commission directs the Wireline Competition Bureau to announce a compliance date for the requirements of paragraph (e)(6) by subsequent Public Notice and notification in the Federal Register and to cause this section to be revised accordingly. [ 77 FR 12969 , Mar. 2, 2012, as amended at 80 FR 35577 , June 22, 2015; 81 FR 33090 , May 24, 2016; 81 FR 45974 , July 15, 2016; 81 FR 33090 , May 24, 2016; 88 FR 84446 , Dec. 5, 2023] § 54.406 Activities of representatives of eligible telecommunications carriers. ( a ) Enrollment representative registration. An eligible telecommunications carrier must require that enrollment representatives register with the Universal Service Administrative Company before the enrollment representative can provide information directly or indirectly to the National Lifeline Accountability Database or the National Verifier. ( 1 ) As part of the registration process, eligible telecommunications carriers must require that all enrollment representatives must provide the Universal Service Administrative Company with identifying information, which may include first and last name, date of birth, the last four digits of his or her social security number, email address, and residential address. Enrollment representatives will be assigned a unique identifier, which must be used for: ( i ) Accessing the National Lifeline Accountability Database; ( ii ) Accessing the National Verifier; ( iii ) Accessing any Lifeline eligibility database; and ( iv ) Completing any Lifeline enrollment or recertification forms. ( 2 ) Eligible telecommunications carriers must ensure that enrollment representatives shall not use another person's unique identifier to enroll Lifeline subscribers, recertify Lifeline subscribers, or access the National Lifeline Accountability Database or National Verifier. ( 3 ) Eligible telecommunications carriers must ensure that enrollment representatives shall regularly recertify their status with the Universal Service Administrative Company to maintain their unique identifier and maintain access to the systems that rely on a valid unique identifier. Eligible telecommunications carriers must also ensure that enrollment representatives shall update their registration information within 30 days of any change in such information. ( 4 ) Enrollment representatives are not required to register with the Universal Service Administrative Company if the enrollment representative operates solely in a state that has been approved by the Commission to administer the Lifeline program without reliance on the Universal Service Administrative Company's systems. The exemption in this paragraph (a)(4) will not apply to any part of a state's administration of the Lifeline program that relies on the Universal Service Administrative Company's systems. ( b ) Prohibition of commissions for enrollment representatives. An eligible telecommunications carrier shall not offer or provide to enrollment representatives or their direct supervisors any commission compensation that is based on the number of consumers who apply for or are enrolled in the Lifeline program with that eligible telecommunications carrier. [ 84 FR 71328 , Dec. 27, 2019] § 54.407 Reimbursement for offering Lifeline. ( a ) Universal Service support for providing Lifeline shall be provided directly to an eligible telecommunications carrier based on the number of actual qualifying low-income customers listed in the National Lifeline Accountability Database that the eligible telecommunications carrier serves directly as of the first of the month. Eligible telecommunications carriers operating in a state that has provided the Commission with an approved valid certification pursuant to § 54.404(a) must comply with that state administrator's process for determining the number of subscribers to be claimed for each month, and in those states Universal Service support for providing Lifeline shall be provided directly to the eligible telecommunications carrier based on that number of actual qualifying low-income customers, according to the state administrator or other state agency's process. ( b ) For each qualifying low-income consumer receiving Lifeline service, the reimbursement amount shall equal the federal support amount, including the support amounts described in § 54.403(a) and (c) . The eligible telecommunications carrier's universal service support reimbursement shall not exceed the carrier's rate for that offering, or similar offerings, subscribed to by consumers who do not qualify for Lifeline. ( c ) An eligible telecommunications carrier offering a Lifeline service that does not require the eligible telecommunications carrier to assess and collect a monthly fee from its subscribers: ( 1 ) Shall not receive universal service support for a subscriber to such Lifeline service until the subscriber activates the service by whatever means specified by the carrier, such as completing an outbound call; and ( 2 ) After service activation, an eligible telecommunications carrier shall only continue to receive universal service support reimbursement for such Lifeline service provided to subscribers who have used the service within the last 30 days, or who have cured their non-usage as provided for in § 54.405(e)(3) . Any of these activities, if undertaken by the subscriber, will establish “usage” of the Lifeline service: ( i ) Completion of an outbound call or usage of data; ( ii ) Purchase of minutes or data from the eligible telecommunications carrier to add to the subscriber's service plan; ( iii ) Answering an incoming call from a party other than the eligible telecommunications carrier or the eligible telecommunications carrier's agent or representative; ( iv ) Responding to direct contact from the eligible communications carrier and confirming that he or she wants to continue receiving Lifeline service; or ( v ) Sending a text message. ( d ) In order to receive universal service support reimbursement, an officer of each eligible telecommunications carrier must certify, as part of each request for reimbursement, that: ( 1 ) The eligible telecommunications carrier is in compliance with all of the rules in this subpart; and ( 2 ) The eligible telecommunications carrier has obtained valid certification and recertification forms to the extent required under this subpart for each of the subscribers for whom it is seeking reimbursement. ( e ) In order to receive universal service support reimbursement, an eligible telecommunications carrier must keep accurate records of the revenues it forgoes in providing Lifeline services. Such records shall be kept in the form directed by the Administrator and provided to the Administrator at intervals as directed by the Administrator or as provided in this subpart. [ 77 FR 12970 , Mar. 2, 2012, as amended at 77 FR 38534 , June 28, 2012; 80 FR 35577 , June 22, 2015; 80 FR 40935 , July 14, 2015; 81 FR 33091 , May 24, 2016; 84 FR 71328 , Dec. 27, 2019] § 54.408 Minimum service standards. ( a ) As used in this subpart, with the following exception of paragraph (a)(2) of this section, a minimum service standard is: ( 1 ) The level of service which an eligible telecommunications carrier must provide to an end user in order to receive the Lifeline support amount. ( 2 ) The minimum service standard for mobile broadband speed, as described in paragraph (b)(2)(i) of this section, is the level of service which an eligible telecommunications carrier must both advertise and provide to an end user. ( b ) Minimum service standards for Lifeline supported services will take effect on December 1, 2016. The minimum service standards set forth below are subject to the conditions in § 54.401 . The initial minimum service standards, as set forth in paragraphs (b)(1) through (3) of this section, will be subject to the updating mechanisms described in paragraph (c) of this section. ( 1 ) Fixed broadband will have minimum service standards for speed and data usage allowance, subject to the exceptions in paragraph (d) of this section. ( i ) The minimum service standard for fixed broadband speed will be 10 Megabits per second downstream/1 Megabit per second upstream. ( ii ) The minimum service standard for fixed broadband data usage allowance will be 150 gigabytes per month. ( 2 ) Mobile broadband will have minimum service standards for speed and data usage allowance. ( i ) The minimum service standard for mobile broadband speed will be 3G. ( ii ) The minimum service standard for mobile broadband data usage allowance will be: ( A ) From December 1, 2016 until November 30, 2017, 500 megabytes per month; ( B ) From December 1, 2017, until November 30, 2018, 1 gigabyte per month; ( C ) From December 1, 2018 until November 30, 2019, 2 gigabytes per month; and ( D ) On and after December 1, 2019, the minimum standard will be calculated using the mechanism set forth in paragraphs (c)(2)(ii)(A) through (D) of this section. If the data listed in paragraphs (c)(2)(ii)(A) through (D) do not meet the criteria set forth in paragraph (c)(2)(iii) of this section, then the updating mechanism in paragraph (c)(2)(iii) will be used instead. ( 3 ) The minimum service standard for mobile voice service will be: ( i ) From December 1, 2016, until November 30, 2017, 500 minutes; ( ii ) From December 1, 2017, until November 30, 2018, 750 minutes; and ( iii ) On and after December 1, 2018, the minimum standard will be 1000 minutes. ( c ) Minimum service standards will be updated using the following mechanisms: ( 1 ) Fixed broadband will have minimum service standards for speed and data usage allowance. The standards will updated as follows: ( i ) The standard for fixed broadband speed will be updated on an annual basis. The standard will be set at the 30th percentile, rounded up to the nearest Megabit-per-second integer, of subscribed fixed broadband downstream and upstream speeds. The 30th percentile will be determined by analyzing FCC Form 477 Data. The new standard will be published in a Public Notice issued by the Wireline Competition Bureau on or before July 31, which will give the new minimum standard for the upcoming year. In the event that the Bureau does not release a Public Notice, or the data are older than 18 months, the minimum standard will be the greater of: ( A ) The current minimum standard; or ( B ) The Connect America Fund minimum speed standard for rate-of-return fixed broadband providers, as set forth in 47 CFR 54.308(a) . ( ii ) The standard for fixed broadband data usage allowance will be updated on an annual basis. The new standard will be published in a Public Notice issued by the Wireline Competition Bureau on or before July 31, which will give the new minimum standard for the upcoming year. The updated standard will be the greater of: ( A ) An amount the Wireline Competition Bureau deems appropriate, based on what a substantial majority of American consumers already subscribe to, after analyzing Urban Rate Survey data and other relevant data; or ( B ) The minimum standard for data usage allowance for rate-of-return fixed broadband providers set in the Connect America Fund. ( 2 ) Mobile broadband will have minimum service standards for speed and capacity. The standards will be updated as follows: ( i ) The standard for mobile broadband speed will be updated when, after analyzing relevant data, including the FCC Form 477 data, the Wireline Competition Bureau determines such an adjustment is necessary. If the standard for mobile broadband speed is updated, the new standard will be published in a Public Notice issued by the Wireline Competition Bureau. ( ii ) The standard for mobile broadband capacity will be updated on an annual basis. The standard will be determined by: ( A ) Dividing the total number of mobile-cellular subscriptions in the United States, as reported in the Mobile Competition Report by the total number of American households, as determined by the U.S. Census Bureau, in order to determine the number of mobile-cellular subscriptions per American household. This number will be rounded to the hundredths place and then multiplied by; ( B ) The percentage of Americans who own a smartphone, according to the Commission's annual Mobile Competition Report. This number will be rounded to the hundredths place and then multiplied by; ( C ) The average data used per mobile smartphone subscriber, as reported by the Commission in its annual Mobile Competition Report. This number will be rounded to the hundredths place and then multiplied by; ( D ) Seventy (70) percent. The result will then be rounded up to the nearest 250 MB interval to provide the new monthly minimum service standard for the mobile broadband data usage allowance. ( iii ) If the Wireline Competition Bureau does not release a Public Notice giving new minimum standards for mobile broadband capacity on or before July 31, or if the necessary data needed to calculate the new minimum standard are older than 18 months, the data usage allowance will be updated by multiplying the current data usage allowance by the percentage of the year-over-year change in average mobile data usage per smartphone user, as reported in the Mobile Competition Report. That amount will be rounded up to the nearest 250 MB. ( d ) Exception for certain fixed broadband providers. Subject to the limitations in paragraphs (d)(1) through (4) of this section, the Lifeline discount may be applied for fixed broadband service that does not meet the minimum standards set forth in paragraph (b)(1) of this section. If the provider, in a given area: ( 1 ) Does not offer any fixed broadband service that meets our minimum service standards set forth in paragraph (b)(1) of this section; but ( 2 ) Offers a fixed broadband service of at least 4 Mbps downstream/1 Mbps upstream in that given area; then, ( 3 ) In that given area, a fixed broadband provider may receive Lifeline funds for the purchase of its highest performing generally available residential offering, lexicographically ranked by: ( i ) Download bandwidth; ( ii ) Upload bandwidth; and ( iii ) Usage allowance. ( 4 ) A fixed broadband provider claiming Lifeline support under this section will certify its compliance with this section's requirements and will be subject to the Commission's audit authority. ( e ) Except as provided in paragraph (d) of this section, eligible telecommunications carriers shall not apply the Lifeline discount to offerings that do not meet the minimum service standards. ( f ) Equipment requirement. ( 1 ) Any fixed or mobile broadband Lifeline provider, which provides devices to its consumers, must ensure that all such devices provided to a consumer are Wi-Fi enabled. ( 2 ) A Lifeline provider may not institute an additional or separate tethering charge for any mobile data usage that is below the minimum service standard set forth in paragraph (b)(2) of this section. ( 3 ) Any mobile broadband Lifeline provider which provides devices to its consumers must offer at least one device that is capable of being used as a hotspot. This requirement will change as follows: ( i ) From December 1, 2017 to November 30, 2018, a provider that offers devices must ensure that at least 15 percent of such devices are capable of being used as a hotspot. ( ii ) From December 1, 2018 to November 30, 2019, a provider that offers devices must ensure that at least 20 percent of such devices are capable of being used as a hotspot. ( iii ) From December 1, 2019 to November 30, 2020, a provider that offers devices must ensure that at least 25 percent of such devices are capable of being used as a hotspot. ( iv ) From December 1, 2020 to November 30, 2021, a provider that offers devices must ensure that at least 35 percent of such devices are capable of being used as a hotspot. ( v ) From December 1, 2021 to November 30, 2022, a provider that offers devices must ensure that at least 45 percent of such devices are capable of being used as a hotspot. ( vi ) From December 1, 2022 to November 30, 2023, a provider that offers devices must ensure that at least 55 percent of such devices are capable of being used as a hotspot. ( vii ) From December 1, 2023 to November 30, 2024, a provider that offers devices must ensure that at least 65 percent of such devices are capable of being used as a hotspot. ( viii ) On December 1, 2024, a provider that offers devices must ensure that at least 75 percent of such devices are capable of being used as a hotspot. [ 81 FR 33091 , May 24, 2016] § 54.409 Consumer qualification for Lifeline. ( a ) To constitute a qualifying low-income consumer: ( 1 ) A consumer's household income as defined in § 54.400(f) must be at or below 135% of the Federal Poverty Guidelines for a household of that size; or ( 2 ) The consumer, one or more of the consumer's dependents, or the consumer's household must receive benefits from one of the following federal assistance programs: Medicaid; Supplemental Nutrition Assistance Program; Supplemental Security Income; Federal Public Housing Assistance; or Veterans and Survivors Pension Benefit. ( 3 ) Consumers that are survivors can qualify to receive emergency communications support from the Lifeline program without regard to whether the survivor meets the otherwise applicable eligibility requirements of the Lifeline program in this part, if: ( i ) The survivor suffers from financial hardship as defined by § 54.400(s) ; and ( ii ) The survivor requested a line separation as required under 47 U.S.C. 345(c)(1) of the Communications Act of 1934. ( 4 ) Compliance with paragraph (a)(3) of this section will not be required until this paragraph (a)(4) is removed or contains a compliance date, which will not occur until the later of July 15, 2024; or after OMB completes review of any information collection requirements in this subpart, §§ 54.403(a)(4) , 54.410(d)(2)(ii) , 54.410(i) , and 54.424 , that the Wireline Competition Bureau determines is required under the Paperwork Reduction Act or the Wireline Competition Bureau determines that such review is not required. The Commission directs the Wireline Competition Bureau to announce a compliance date for the requirements of paragraph (a)(3) by subsequent Public Notice and notification in the Federal Register and to cause this section to be revised accordingly. ( b ) A consumer who lives on Tribal lands is eligible for Lifeline service as a “qualifying low-income consumer” as defined by § 54.400(a) and as an “eligible resident of Tribal lands” as defined by § 54.400(e) if that consumer meets the qualifications for Lifeline specified in paragraph (a) of this section or if the consumer, one or more of the consumer's dependents, or the consumer's household participates in one of the following Tribal-specific federal assistance programs: Bureau of Indian Affairs general assistance; Tribally administered Temporary Assistance for Needy Families; Head Start (only those households meeting its income qualifying standard); or the Food Distribution Program on Indian Reservations. ( c ) In addition to meeting the qualifications provided in paragraph (a) or (b) of this section, in order to constitute a qualifying low-income consumer, a consumer must not already be receiving a Lifeline service, and there must not be anyone else in the subscriber's household subscribed to a Lifeline service. [ 77 FR 12970 , Mar. 2, 2012, as amended at 77 FR 38534 , June 28, 2012; 81 FR 33093 , May 24, 2016; 88 FR 84447 , Dec. 5, 2023] § 54.410 Subscriber eligibility determination and certification. ( a ) All eligible telecommunications carriers must implement policies and procedures for ensuring that their Lifeline subscribers are eligible to receive Lifeline services. An eligible telecommunications carrier may not provide a consumer with an activated device that it represents enables use of Lifeline-supported service, nor may it activate service that it represents to be Lifeline service, unless and until it has: ( 1 ) Confirmed that the consumer is a qualifying low-income consumer pursuant to § 54.409 , and; ( 2 ) Completed the eligibility determination and certification required by this section and §§ 54.404 through 54.405 , and completed any other necessary enrollment steps. ( b ) Initial income-based eligibility determination. ( 1 ) Except where the National Verifier, state Lifeline administrator or other state agency is responsible for the initial determination of a subscriber's eligibility, when a prospective subscriber seeks to qualify for Lifeline using the income-based eligibility criteria provided for in § 54.409(a)(1) an eligible telecommunications carrier: ( i ) Must not seek reimbursement for providing Lifeline to a subscriber, unless the carrier has received a certification of eligibility from the prospective subscriber that complies with the requirements set forth in paragraph (d) of this section and has confirmed the subscriber's income-based eligibility using the following procedures: ( A ) If an eligible telecommunications carrier can determine a prospective subscriber's income-based eligibility by accessing one or more databases containing information regarding the subscriber's income (“income databases”), the eligible telecommunications carrier must access such income databases and determine whether the prospective subscriber qualifies for Lifeline. ( B ) If an eligible telecommunications carrier cannot determine a prospective subscriber's income-based eligibility by accessing income databases, the eligible telecommunications carrier must review documentation that establishes that the prospective subscriber meets the income-eligibility criteria set forth in § 54.409(a)(1) . Acceptable documentation of income eligibility includes the prior year's state, federal, or Tribal tax return; current income statement from an employer or paycheck stub; a Social Security statement of benefits; a Veterans Administration statement of benefits; a retirement/pension statement of benefits; an Unemployment/Workers' Compensation statement of benefit; federal or Tribal notice letter of participation in General Assistance; or a divorce decree, child support award, or other official document containing income information. If the prospective subscriber presents documentation of income that does not cover a full year, such as current pay stubs, the prospective subscriber must present the same type of documentation covering three consecutive months within the previous twelve months. ( ii ) Must securely retain copies of documentation demonstrating a prospective subscriber's income-based eligibility for Lifeline consistent with § 54.417 , except to the extent such documentation is retained by the National Verifier. ( 2 ) Where the National Verifier, state Lifeline administrator, or other state agency is responsible for the initial determination of a subscriber's eligibility, an eligible telecommunications carrier must not seek reimbursement for providing Lifeline service to a subscriber, based on that subscriber's income eligibility, unless the carrier has received from the National Verifier, state Lifeline administrator, or other state agency: ( i ) Notice that the prospective subscriber meets the income-eligibility criteria set forth in § 54.409(a)(1) ; and ( ii ) If a state Lifeline administrator or other state agency is responsible for the initial determination of a subscriber's eligibility, a copy of the subscriber's certification that complies with the requirements set forth in paragraph (d) of this section. ( iii ) An eligible telecommunications carrier must securely retain all information and documentation provided by the state Lifeline administrator or other state agency consistent with § 54.417 . ( c ) Initial program-based eligibility determination. ( 1 ) Except in states where the National Verifier, state Lifeline administrator, or other state agency is responsible for the initial determination of a subscriber's program-based eligibility, when a prospective subscriber seeks to qualify for Lifeline service using the program-based criteria set forth in § 54.409(a)(2) or (b) , an eligible telecommunications carrier: ( i ) Must not seek reimbursement for providing Lifeline to a subscriber unless the carrier has received a certification of eligibility from the subscriber that complies with the requirements set forth in paragraph (d) of this section and has confirmed the subscriber's program-based eligibility using the following procedures: ( A ) If the eligible telecommunications carrier can determine a prospective subscriber's program-based eligibility for Lifeline by accessing one or more databases containing information regarding enrollment in qualifying assistance programs (“eligibility databases”), the eligible telecommunications carrier must access such eligibility databases to determine whether the prospective subscriber qualifies for Lifeline based on participation in a qualifying assistance program; or ( B ) If an eligible telecommunications carrier cannot determine a prospective subscriber's program-based eligibility for Lifeline by accessing eligibility databases, the eligible telecommunications carrier must review documentation demonstrating that a prospective subscriber qualifies for Lifeline under the program-based eligibility requirements. Acceptable documentation of program eligibility includes the current or prior year's statement of benefits from a qualifying assistance program, a notice or letter of participation in a qualifying assistance program, program participation documents, or another official document demonstrating that the prospective subscriber, one or more of the prospective subscriber's dependents or the prospective subscriber's household receives benefits from a qualifying assistance program. ( ii ) Must securely retain copies of the documentation demonstrating a subscriber's program-based eligibility for Lifeline, consistent with § 54.417 , except to the extent such documentation is retained by the National Verifier. ( 2 ) Where the National Verifier, state Lifeline administrator, or other state agency is responsible for the initial determination of a subscriber's eligibility, when a prospective subscriber seeks to qualify for Lifeline service using the program-based eligibility criteria provided in § 54.409(a)(2) or (b) , an eligible telecommunications carrier must not seek reimbursement for providing Lifeline to a subscriber unless the carrier has received from the National Verifier, state Lifeline administrator or other state agency: ( i ) Notice that the subscriber meets the program-based eligibility criteria set forth in § 54.409(a)(2) or (b) ; and ( ii ) If a state Lifeline administrator or other state agency is responsible for the initial determination of a subscriber's eligibility, a copy of the subscriber's certification that complies with the requirements set forth in paragraph (d) of this section. ( iii ) An eligible telecommunications carrier must securely retain all information and documentation provided by the state Lifeline administrator or other state agency consistent with § 54.417 . ( d ) Eligibility certification form. Eligible telecommunications carriers and state Lifeline administrators or other state agencies that are responsible for the initial determination of a subscriber's eligibility for Lifeline must provide prospective subscribers Lifeline certification forms that provide the information in paragraphs (d)(1) through (3) of this section in clear, easily understood language. If a Federal eligibility certification form is available, entities enrolling subscribers must use such form to enroll a qualifying low-income consumer into the Lifeline program. ( 1 ) The form provided by the entity enrolling subscribers must provide the information in paragraphs (d)(1)(i) through (vi) of this section: ( i ) Lifeline is a federal benefit and that willfully making false statements to obtain the benefit can result in fines, imprisonment, de-enrollment or being barred from the program; ( ii ) Only one Lifeline service is available per household; ( iii ) A household is defined, for purposes of the Lifeline program, as any individual or group of individuals who live together at the same address and share income and expenses; ( iv ) A household is not permitted to receive Lifeline benefits from multiple providers; ( v ) Violation of the one-per-household limitation constitutes a violation of the Commission's rules and will result in the subscriber's de-enrollment from the program; and ( vi ) Lifeline is a non-transferable benefit and the subscriber may not transfer his or her benefit to any other person. ( 2 ) The form provided by the entity enrolling subscribers must require each prospective subscriber to provide the information in paragraphs (d)(2)(i) through (viii) of this section: ( i ) The subscriber's full name; ( ii ) The subscriber's full residential address, or, for a subscriber seeking to receive emergency communications support from the Lifeline program, a prior billing or residential address from within the past six months; ( iii ) Whether the subscriber's residential address is permanent or temporary; ( iv ) The subscriber's billing address, if different from the subscriber's residential address; ( v ) The subscriber's date of birth; ( vi ) The last four digits of the subscriber's social security number, or the subscriber's Tribal identification number, if the subscriber is a member of a Tribal nation and does not have a social security number; ( vii ) If the subscriber is seeking to qualify for Lifeline under the program-based criteria, as set forth in § 54.409 , the name of the qualifying assistance program from which the subscriber, his or her dependents, or his or her household receives benefits; and ( viii ) If the subscriber is seeking to qualify for Lifeline under the income-based criterion, as set forth in § 54.409 , the number of individuals in his or her household. ( 3 ) The form provided by the entity enrolling subscribers shall require each prospective subscriber to initial his or her acknowledgement of each of the certifications in paragraphs (d)(3)(i) through (viii) of this section individually and under penalty of perjury: ( i ) The subscriber meets the income-based or program-based eligibility criteria for receiving Lifeline, provided in § 54.409 ; ( ii ) The subscriber will notify the carrier within 30 days if for any reason he or she no longer satisfies the criteria for receiving Lifeline including, as relevant, if the subscriber no longer meets the income-based or program-based criteria for receiving Lifeline support, the subscriber is receiving more than one Lifeline benefit, or another member of the subscriber's household is receiving a Lifeline benefit. ( iii ) If the subscriber is seeking to qualify for Lifeline as an eligible resident of Tribal lands, he or she lives on Tribal lands, as defined in 54.400(e); ( iv ) If the subscriber moves to a new address, he or she will provide that new address to the eligible telecommunications carrier within 30 days; ( v ) The subscriber's household will receive only one Lifeline service and, to the best of his or her knowledge, the subscriber's household is not already receiving a Lifeline service; ( vi ) The information contained in the subscriber's certification form is true and correct to the best of his or her knowledge, ( vii ) The subscriber acknowledges that providing false or fraudulent information to receive Lifeline benefits is punishable by law; and ( viii ) The subscriber acknowledges that the subscriber may be required to re-certify his or her continued eligibility for Lifeline at any time, and the subscriber's failure to re-certify as to his or her continued eligibility will result in de-enrollment and the termination of the subscriber's Lifeline benefits pursuant to § 54.405(e)(4) . ( e ) State Lifeline administrators or other state agencies that are responsible for the initial determination of a subscriber's eligibility for Lifeline must provide each eligible telecommunications carrier with a copy of each of the certification forms collected by the state Lifeline administrator or other state agency for that carrier's subscribers. ( f ) Annual eligibility re-certification process — ( 1 ) All eligible telecommunications carriers must annually re-certify all subscribers, except for subscribers in states where the National Verifier, state Lifeline administrator, or other state agency is responsible for the annual re-certification of subscribers' Lifeline eligibility. ( 2 ) In order to re-certify a subscriber's eligibility, an eligible telecommunications carrier must confirm a subscriber's current eligibility to receive Lifeline by: ( i ) Querying the appropriate eligibility databases, confirming that the subscriber still meets the program-based eligibility requirements for Lifeline, and documenting the results of that review; or ( ii ) Querying the appropriate income databases, confirming that the subscriber continues to meet the income-based eligibility requirements for Lifeline, and documenting the results of that review. ( iii ) If the subscriber's program-based or income-based eligibility for Lifeline cannot be determined by accessing one or more eligibility databases, then the eligible telecommunications carrier must obtain a signed certification from the subscriber confirming the subscriber's continued eligibility. If the subscriber's eligibility was previously confirmed through an eligibility database during enrollment or a prior recertification and the subscriber is no longer included in any eligibility database, the eligible telecommunications carrier must obtain both an Annual Recertification Form and documentation meeting the requirements of paragraph (b)(1)(i)(B) or (c)(1)(i)(B) from that subscriber to complete the process. Eligible telecommunications carriers must use the Wireline Competition Bureau-approved universal Annual Recertification Form, except where state law, state regulation, a state Lifeline administrator, or a state agency requires eligible telecommunications carriers to use state-specific Lifeline recertification forms. ( iv ) In states in which the National Verifier has been implemented, the eligible telecommunications carrier cannot re-certify subscribers not found in the National Verifier by obtaining a certification form from the subscriber. ( 3 ) Where the National Verifier, state Lifeline administrator, or other state agency is responsible for re-certification of a subscriber's Lifeline eligibility, the National Verifier, state Lifeline administrator, or state agency must confirm a subscriber's current eligibility to receive a Lifeline service by: ( i ) Querying the appropriate eligibility databases, confirming that the subscriber still meets the program-based eligibility requirements for Lifeline, and documenting the results of that review; or ( ii ) Querying the appropriate income databases, confirming that the subscriber continues to meet the income-based eligibility requirements for Lifeline, and documenting the results of that review. ( iii ) If the subscriber's program-based or income-based eligibility for Lifeline cannot be determined by accessing one or more eligibility databases, then the National Verifier, state Lifeline administrator, or state agency must obtain a signed certification from the subscriber confirming the subscriber's continued eligibility. If the subscriber's eligibility was previously confirmed through an eligibility database during enrollment or a prior recertification and the subscriber is no longer included in any eligibility database, the National Verifier, state Lifeline administrator, or state agency must obtain both an approved Annual Recertification Form and documentation meeting the requirements of paragraph (b)(1)(i)(B) or (c)(1)(i)(B) from that subscriber to complete the certification process. Entities responsible for re-certification under this section must use the Wireline Competition Bureau-approved universal Annual Recertification Form, except where state law, state regulation, a state Lifeline administrator, or a state agency requires eligible telecommunications carriers to use state-specific Lifeline recertification forms, or where the National Verifier Recertification Form is required. ( 4 ) Where the National Verifier, state Lifeline administrator, or other state agency is responsible for re-certification of subscribers' Lifeline eligibility, the National Verifier, state Lifeline administrator, or other state agency must provide to each eligible telecommunications carrier the results of its annual re-certification efforts with respect to that eligible telecommunications carrier's subscribers. ( 5 ) If an eligible telecommunications carrier is unable to re-certify a subscriber or has been notified by the National Verifier, a state Lifeline administrator, or other state agency that it is unable to re-certify a subscriber, the eligible telecommunications carrier must comply with the de-enrollment requirements provided for in § 54.405(e)(4) . ( g ) One-Per-Household Worksheet. If the prospective subscriber shares an address with one or more existing Lifeline subscribers according to the National Lifeline Accountability Database or National Verifier, the prospective subscriber must complete a form certifying compliance with the one-per-household rule upon initial enrollment. Eligible telecommunications carriers must fulfill the requirement in this paragraph (g) by using the Household Worksheet, as provided by the Wireline Competition Bureau. Where state law, state regulation, a state Lifeline administrator, or a state agency requires eligible telecommunications carriers to use state-specific Lifeline enrollment forms, eligible telecommunications carriers may use those forms in place of the Commission's Household Worksheet. At re-certification, if there are changes to the subscriber's household that would prevent the subscriber from accurately certifying to paragraph (d)(3)(vi) of this section, then the subscriber must complete a new Household Worksheet. Eligible telecommunications carriers must mark subscribers as having completed a Household Worksheet in the National Lifeline Accountability Database if and only if the subscriber shares an address with an existing Lifeline subscriber, as reported by the National Lifeline Accountability Database. ( h ) National Verifier transition. As the National Verifier is implemented in a state, the obligations in paragraphs (b) through (g) of this section with respect to the National Verifier and eligible telecommunications carriers will also take effect. ( i ) Survivors of domestic violence. All survivors seeking to receive emergency communications support from the Lifeline program must have their eligibility to participate in the program confirmed through the National Verifier. The National Verifier will also transition survivors approaching the end of their six-month emergency support period in a manner consistent with the requirements applied to eligible telecommunications carriers at paragraph (f) of this section, and the National Verifier will de-enroll survivors whose continued eligibility to participate in the Lifeline program cannot be confirmed, consistent with § 54.405(e)(6) . ( j ) Compliance date. Compliance with paragraph (d)(2)(ii) and paragraph (i) will not be required until this paragraph (j) is removed or contains a compliance date, which will not occur until the later of July 15, 2024; or after OMB completes review of any information collection requirements in paragraph (d)(2)(ii) and paragraph (i) that the Wireline Competition Bureau determines is required under the Paperwork Reduction Act or the Wireline Competition Bureau determines that such review is not required. The Commission directs the Wireline Competition Bureau to announce a compliance date for paragraph (d)(2)(ii) and paragraph (i) by subsequent Public Notice and notification in the Federal Register and to cause this section to be revised accordingly. [ 77 FR 12970 , Mar. 2, 2012, as amended at 77 FR 38534 , June 28, 2012; 78 FR 40970 , July 9, 2013; 80 FR 40935 , July 14, 2015; 81 FR 33093 , May 24, 2016; 83 FR 2085 , Jan. 16, 2018; 84 FR 71328 , Dec. 27, 2019; 88 FR 84447 , Dec. 5, 2023] § 54.411 [Reserved] § 54.412 Off reservation Tribal lands designation process. ( a ) The Commission's Wireline Competition Bureau and the Office of Native Affairs and Policy may, upon receipt of a request made in accordance with the requirements of this section, designate as Tribal lands, for the purposes of the Lifeline and Tribal Link Up program, areas or communities that fall outside the boundaries of existing Tribal lands but which maintain the same characteristics as lands identified as Tribal lands defined as in § 54.400(e) . ( b ) A request for designation must be made to the Commission by a duly authorized official of a federally recognized American Indian Tribe or Alaska Native Village. ( c ) A request for designation must clearly describe a defined geographical area for which the requesting party seeks designation as Tribal lands. ( d ) A request for designation must demonstrate the Tribal character of the area or community. ( e ) A request for designation must provide sufficient evidence of a nexus between the area or community and the Tribe, and describe in detail how program support to the area or community would aid the Tribe in serving the needs and interests of its citizens and further the Commission's goal of increasing telecommunications access on Tribal lands. ( f ) Upon designation by the Wireline Competition Bureau and the Office of Native Affairs and Policy, the area or community described in the designation shall be considered Tribal lands for the purposes of this subpart. [ 77 FR 12972 , Mar. 2, 2012, as amended at 77 FR 38534 , June 28, 2012] § 54.413 Link Up for Tribal lands. ( a ) Definition. For purposes of this subpart, the term “Tribal Link Up” means an assistance program for eligible residents of Tribal lands seeking telecommunications service from a telecommunications carrier that is receiving high-cost support on Tribal lands, pursuant to subpart D of this part , that provides: ( 1 ) A 100 percent reduction, up to $100, of the customary charge for commencing telecommunications service for a single telecommunications connection at a subscriber's principal place of residence imposed by an eligible telecommunications carrier that is also receiving high-cost support on Tribal lands, pursuant to subpart D of this part . For purposes of this subpart, a “customary charge for commencing telecommunications service”' is the ordinary charge an eligible telecommunications carrier imposes and collects from all subscribers to initiate service with that eligible telecommunications carrier. A charge imposed only on qualifying low-income consumers to initiate service is not a customary charge for commencing telecommunications service. Activation charges routinely waived, reduced, or eliminated with the purchase of additional products, services, or minutes are not customary charges eligible for universal service support; and ( 2 ) A deferred schedule of payments of the customary charge for commencing telecommunications service for a single telecommunications connection at a subscriber's principal place of residence imposed by an eligible telecommunications carrier that is also receiving high-cost support on Tribal lands, pursuant to subpart D of this part , for which the eligible resident of Tribal lands does not pay interest. The interest charges not assessed to the eligible resident of Tribal lands shall be for a customary charge for connecting telecommunications service of up to $200 and such interest charges shall be deferred for a period not to exceed one year. ( b ) An eligible resident of Tribal lands may receive the benefit of the Tribal Link Up program for a second or subsequent time only for otherwise qualifying commencement of telecommunications service at a principal place of residence with an address different from the address for which Tribal Link Up assistance was provided previously. [ 88 FR 34782 , May 31, 2023] § 54.414 Reimbursement for Tribal Link Up. ( a ) Eligible telecommunications carriers that are receiving high-cost support, pursuant to subpart D of this part , may receive universal service support reimbursement for the reduction in their customary charge for commencing telecommunications service and for providing a deferred schedule for payment of the customary charge for commencing telecommunications services for which the subscriber does not pay interest, in conformity with § 54.413 . ( b ) In order to receive universal support reimbursement for providing Tribal Link Up, eligible telecommunications carriers must follow the procedures set forth in § 54.410 to determine an eligible resident of Tribal lands' initial eligibility for Tribal Link Up. Eligible telecommunications carriers must obtain a certification form from each eligible resident of Tribal lands that complies with § 54.410 prior to enrolling him or her in Tribal Link Up. ( c ) In order to receive universal service support reimbursement for providing Tribal Link Up, eligible telecommunications carriers must keep accurate records of the reductions in their customary charge for commencing telecommunications service and for providing a deferred schedule for payment of the charges assessed for commencing service for which the subscriber does not pay interest, in conformity with § 54.413 . Such records shall be kept in the form directed by the Administrator and provided to the Administrator at intervals as directed by the Administrator or as provided in this subpart. The reductions in the customary charge for which the eligible telecommunications carrier may receive reimbursement shall include only the difference between the carrier's customary connection or interest charges and the charges actually assessed to the subscriber receiving Lifeline services. [ 77 FR 12973 , Mar. 2, 2012, as amended at 88 FR 34783 , May 31, 2023] § 54.416 Annual certifications by eligible telecommunications carriers. ( a ) Eligible telecommunications carrier certifications. Eligible telecommunications carriers are required to make and submit to the Administrator the following annual certifications, under penalty of perjury, relating to the Lifeline program: ( 1 ) An officer of each eligible telecommunications carrier must certify that the carrier has policies and procedures in place to ensure that its Lifeline subscribers are eligible to receive Lifeline services. Each eligible telecommunications carrier must make this certification annually to the Administrator as part of the carrier's submission of annual re-certification data pursuant to this section. In instances where an eligible telecommunications carrier confirms consumer eligibility by relying on income or eligibility databases, as defined in § 54.410(b)(1)(i)(A) or (c)(1)(i)(A) , the representative must attest annually as to what specific data sources the eligible telecommunications carrier used to confirm eligibility. ( 2 ) An officer of the eligible telecommunications carrier must certify that the carrier is in compliance with all federal Lifeline certification procedures. Eligible telecommunications carriers must make this certification annually to the Administrator as part of the carrier's submission of re-certification data pursuant to this section. ( 3 ) An officer of the eligible telecommunications carrier must certify that the carrier is in compliance with the minimum service levels set forth in § 54.408 . Eligible telecommunications carriers must make this certification annually to the Administrator as part of the carrier's submission of re-certification data pursuant to this section. ( b ) All eligible telecommunications carriers must annually provide the results of their re-certification efforts, performed pursuant to § 54.410(f) , to the Commission and the Administrator. Eligible telecommunications carriers designated as such by one or more states pursuant to § 54.201 must also provide, on an annual basis, the results of their re-certification efforts to state commissions for subscribers residing in those states where the state designated the eligible telecommunications carrier. Eligible telecommunications carriers must also provide their annual re-certification results for subscribers residing on Tribal lands to the relevant Tribal governments. ( c ) States that mandate Lifeline support may impose additional standards on eligible telecommunications carriers operating in their states to ensure compliance with state Lifeline programs. [ 77 FR 12973 , Mar. 2, 2012, as amended at 77 FR 38534 , June 28, 2012; 81 FR 33094 , May 24, 2016] § 54.417 Recordkeeping requirements. ( a ) Eligible telecommunications carriers must maintain records to document compliance with all Commission and state requirements governing the Lifeline and Tribal Link Up program for the three full preceding calendar years and provide that documentation to the Commission or Administrator upon request. Eligible telecommunications carriers must maintain the documentation required in §§ 54.404 (b)(11) , 54.410(b) , 54.410 (c) , 54.410(d) , and 54.410(f) for as long as the subscriber receives Lifeline service from that eligible telecommunications carrier, but for no less than the three full preceding calendar years. ( b ) Prior to the effective date of the rules, if an eligible telecommunications carrier provides Lifeline discounted wholesale services to a reseller, it must obtain a certification from that reseller that it is complying with all Commission requirements governing the Lifeline and Tribal Link Up program. Beginning on the effective date of the rules, the eligible telecommunications carrier must retain the reseller certification for the three full preceding calendar years and provide that documentation to the Commission or Administrator upon request. ( c ) Non-eligible telecommunications carrier resellers that purchased Lifeline discounted wholesale services to offer discounted services to low-income consumers prior to the effective date of the rules, must maintain records to document compliance with all Commission requirements governing the Lifeline and Tribal Link Up program for the three full preceding calendar years and provide that documentation to the Commission or Administrator upon request. [ 80 FR 40935 , July 14, 2015] § 54.419 Validity of electronic signatures. ( a ) For the purposes of this subpart, an electronic signature, defined by the Electronic Signatures in Global and National Commerce Act, as an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record, has the same legal effect as a written signature. ( b ) For the purposes of this subpart, an electronic record, defined by the Electronic Signatures in Global and National Commerce Act as a contract or other record created, generated, sent, communicated, received, or stored by electronic means, constitutes a record. [ 77 FR 12974 , Mar. 2, 2012] § 54.420 Low income program audits. ( a ) Independent audit requirements for eligible telecommunications carriers. Eligible telecommunications carriers identified by USAC must obtain a third-party biennial audit of their compliance with the rules in this subpart. Such engagements shall be agreed upon performance attestations to assess the company's overall compliance with the rules in this subpart and the company's internal controls regarding the regulatory requirements in this subpart. ( 1 ) Eligible telecommunications carriers will be selected for audit based on risk-based criteria developed by USAC and approved by the Office of Managing Director and the Wireline Competition Bureau. ( 2 ) The initial audit must be completed one year after the Commission issues a standardized audit plan outlining the scope of the engagement and the extent of compliance testing to be performed by third-party auditors and shall be conducted every two years thereafter, unless directed otherwise by the Commission. The following minimum requirements shall apply: ( i ) The audit must be conducted by a licensed certified public accounting firm that is independent of the carrier. ( ii ) The engagement shall be conducted consistent with government accounting standards (GAGAS). ( 3 ) The certified public accounting firm shall submit to the Commission any rule interpretations necessary to complete the biennial audit, and the Administrator shall notify all firms subject to the biennial audit requirement of such requests. The audit issue will be noted, but not held as a negative finding, in future audit reports for all carriers subject to this requirement unless and until guidance has been provided by the Commission. ( 4 ) Within 60 days after completion of the audit work, but prior to finalization of the report, the third party auditor shall submit a draft of the audit report to the Commission and the Administrator, who shall be deemed authorized users of such reports. Finalized audit reports must be provided to the Commission, the Administrator, and relevant states and Tribal governments within 30 days of the issuance of the final audit report. The reports will not be considered or deemed confidential. ( 5 ) Delegated authority. The Wireline Competition Bureau and the Office of Managing Director have delegated authority to perform the functions specified in paragraphs (a)(2) and (a)(3) of this section. ( b ) Audit requirements for new eligible telecommunications carriers. After a company is designated for the first time in any state or territory, the Administrator will audit that new eligible telecommunications carrier to assess its overall compliance with the rules in this subpart and the company's internal controls regarding these regulatory requirements. This audit should be conducted within the carrier's first twelve months of seeking federal low-income Universal Service Fund support, unless otherwise determined by the Office of Managing Director. [ 77 FR 12974 , Mar. 2, 2012, as amended at 77 FR 38534 , June 28, 2012; 81 FR 33094 , May 24, 2016; 84 FR 71329 , Dec. 27, 2019] § 54.422 Annual reporting for eligible telecommunications carriers that receive low-income support. ( a ) In order to receive support under this subpart, an eligible telecommunications carrier must annually report: ( 1 ) The company name, names of the company's holding company, operating companies and affiliates, and any branding (a “dba,” or “doing-business-as company” or brand designation) as well as relevant universal service identifiers for each such entity by Study Area Code. For purposes of this paragraph, “affiliates” has the meaning set forth in section 3(2) of the Communications Act of 1934, as amended; and ( 2 ) Information describing the terms and conditions of any voice telephony service plans offered to Lifeline subscribers, including details on the number of minutes provided as part of the plan, additional charges, if any, for toll calls, and rates for each such plan. To the extent the eligible telecommunications carrier offers plans to Lifeline subscribers that are generally available to the public, it may provide summary information regarding such plans, such as a link to a public Web site outlining the terms and conditions of such plans. ( b ) In order to receive support under this subpart, a common carrier that is designated as an eligible telecommunications carrier under section 214(e)(6) of the Act and does not receive support under subpart D of this part must annually provide: ( 1 ) Detailed information on any outage in the prior calendar year, as that term is defined in 47 CFR 4.5 , of at least 30 minutes in duration for each service area in which the eligible telecommunications carrier is designated for any facilities it owns, operates, leases, or otherwise utilizes that potentially affect ( i ) At least ten percent of the end users served in a designated service area; or ( ii ) A 911 special facility, as defined in 47 CFR 4.5(e) . ( iii ) Specifically, the eligible telecommunications carrier's annual report must include information detailing: ( A ) The date and time of onset of the outage; ( B ) A brief description of the outage and its resolution; ( C ) The particular services affected; ( D ) The geographic areas affected by the outage; ( E ) Steps taken to prevent a similar situation in the future; and ( F ) The number of customers affected. ( 2 ) The number of complaints per 1,000 connections (fixed or mobile) in the prior calendar year; ( 3 ) Certification of compliance with applicable minimum service standards, as set forth in § 54.408 , service quality standards, and consumer protection rules; ( 4 ) Certification that the carrier is able to function in emergency situations as set forth in § 54.202(a)(2) . ( c ) All reports required by this section must be filed with the Office of the Secretary of the Commission, and with the Administrator. Such reports must also be filed with the relevant state commissions and the relevant authority in a U.S. territory or Tribal governments, as appropriate. [ 77 FR 38534 , June 28, 2012, as amended at 81 FR 33095 , May 24, 2016] § 54.423 Budget. ( a ) Amount of the annual budget. The initial annual budget on federal universal support for the Lifeline program shall be $2.25 billion. ( 1 ) Inflation increase. In funding year 2016 and subsequent funding years, the $2.25 billion funding cap on federal universal service support for Lifeline shall be automatically increased annually to take into account increases in the rate of inflation as calculated in paragraph (a)(2) of this section. ( 2 ) Increase calculation. To measure increases in the rate of inflation for the purposes of paragraph (a) of this section, the Commission shall use the Consumer Price Index for all items from the Department of Labor, Bureau of Labor Statistics. To compute the annual increase as required by this paragraph (a) , the percentage increase in the Consumer Price Index from the previous year will be used. For instance, the annual increase in the Consumer Price Index from 2015 to 2016 would be used for the 2017 funding year. The increase shall be rounded to the nearest 0.1 percent by rounding 0.05 percent and above to the next higher 0.1 percent and otherwise rounding to the next lower 0.1 percent. This percentage increase shall be added to the amount of the annual funding cap from the previous funding year. If the yearly average Consumer Price Index decreases or stays the same, the annual funding cap shall remain the same as the previous year. ( 3 ) The Wireline Competition Bureau shall issue a public notice on or before July 31 containing the results of the calculations described in § 54.403(a)(2) and setting the budget for the upcoming year beginning on January 1. ( b ) If spending in the Lifeline program meets or exceeds 90 percent of the Lifeline budget in a calendar year, the Wireline Competition Bureau shall prepare a report evaluating program disbursements and describing the reasons for the program's growth along with any other information relevant to the operation of the Lifeline program. The Bureau shall submit the report to the Commission by July 31st of the following year. [ 81 FR 33095 , May 24, 2016] Effective Date Note Effective Date Note: At 81 FR 33095 , May 24, 2016, § 54.423 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 54.424 Emergency communications support for survivors. ( a ) Confirmation of subscriber eligibility. All eligible telecommunications carriers must implement policies and procedures for ensuring that subscribers receiving emergency communications support from the Lifeline program are eligible to receive such support. An eligible telecommunications carrier must not seek reimbursement for providing Lifeline service to a subscriber, based on that subscriber's eligibility to receive emergency communications support, unless the carrier has received from the National Verifier: ( 1 ) Notice that the prospective subscriber meets the eligibility criteria set forth in § 54.409(a)(3) . ( 2 ) A copy of the subscriber's certification that complies with the requirements set forth in § 54.410(d) . ( 3 ) An eligible telecommunications carrier must securely retain all information and documentation provided by the National Verifier or received from the survivor to document their line separation request as required by § 54.417 . ( b ) Emergency communications support duration. Qualified survivors shall be eligible to receive emergency communications support for a total of no more than six months. The Administrator will inform eligible telecommunications carriers when participating survivors have reached their limit of allowable emergency communications support. A survivor may seek and receive further emergency communications support if that request is related to a new line separation request and a showing of financial hardship completed by the survivor and confirmed by the National Verifier. ( c ) Compliance date. Compliance with paragraphs (a) and (b) of this section will not be required until this paragraph (c) is removed or contains a compliance date, which will not occur until the later of July 15, 2024; or after OMB completes review of any information collection requirements in paragraphs (a) and (b) that the Wireline Competition Bureau determines is required under the Paperwork Reduction Act or the Wireline Competition Bureau determines that such review is not required. The Commission directs the Wireline Competition Bureau to announce a compliance date for paragraphs (a) and (b) by subsequent Public Notice and notification in the Federal Register and to cause this section to be revised accordingly. [ 88 FR 84447 , Dec. 5, 2023] Subpart F—Universal Service Support for Schools and Libraries § 54.500 Terms and definitions. Basic maintenance. A service is eligible for support as a “basic maintenance” service if, but for the maintenance at issue, the internal connection would not function and serve its intended purpose with the degree of reliability ordinarily provided in the marketplace to entities receiving such services. Basic maintenance services do not include services that maintain equipment that is not supported by E-rate or that enhance the utility of equipment beyond the transport of information, or diagnostic services in excess of those necessary to maintain the equipment's ability to transport information. Billed entity. A “billed entity” is the entity that remits payment to service providers for services rendered to eligible schools and libraries. Consortium. A “consortium” is any local, statewide, regional, or interstate cooperative association of schools and/or libraries eligible for E-rate support that seeks competitive bids for eligible services or funding for eligible services on behalf of some or all of its members. A consortium may also include health care providers eligible under subpart G of this part , and public sector (governmental) entities, including, but not limited to, state colleges and state universities, state educational broadcasters, counties, and municipalities, although such entities are not eligible for support. Eligible schools and libraries may not join consortia with ineligible private sector members unless the pre-discount prices of any services that such consortium receives are generally tariffed rates. Educational purposes. For purposes of this subpart, activities that are integral, immediate, and proximate to the education of students, or in the case of libraries, integral, immediate and proximate to the provision of library services to library patrons, qualify as “educational purposes.” Activities that occur on library or school property are presumed to be integral, immediate, and proximate to the education of students or the provision of library services to library patrons. Elementary school. An “elementary school” means an elementary school as defined in 20 U.S.C. 7801(18) , a non-profit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under state law. Internal connections. A service is eligible for support as a component of an institution's “internal connections” if such service is necessary to transport or distribute broadband within one or more instructional buildings of a single school campus or within one or more non-administrative buildings that comprise a single library branch. Library. A “library” includes: ( 1 ) A public library; ( 2 ) A public elementary school or secondary school library; ( 3 ) A Tribal library; ( 4 ) An academic library; ( 5 ) A research library, which for the purpose of this section means a library that: ( i ) Makes publicly available library services and materials suitable for scholarly research and not otherwise available to the public; and ( ii ) Is not an integral part of an institution of higher education; and ( 6 ) A private library, but only if the state in which such private library is located determines that the library should be considered a library for the purposes of this definition. Library consortium. A “library consortium” is any local, statewide, regional, or interstate cooperative association of libraries that provides for the systematic and effective coordination of the resources of schools, public, academic, and special libraries and information centers, for improving services to the clientele of such libraries. For the purposes of these rules, references to library will also refer to library consortium. Lowest corresponding price. “Lowest corresponding price” is the lowest price that a service provider charges to non-residential customers who are similarly situated to a particular school, library, or library consortium for similar services. Managed internal broadband services. A service is eligible for support as “managed internal broadband services” if provided by a third party for the operation, management, and monitoring of the eligible components of a school or library local area network (LAN) and/or wireless LAN. Master contract. A “master contract” is a contract negotiated with a service provider by a third party, the terms and conditions of which are then made available to an eligible school, library, rural health care provider, or consortium that purchases directly from the service provider. Minor contract modification. A “minor contract modification” is a change to a universal service contract that is within the scope of the original contract and has no effect or merely a negligible effect on price, quantity, quality, or delivery under the original contract. National school lunch program. The “national school lunch program” is a program administered by the U.S. Department of Agriculture and state agencies that provides free or reduced price lunches to economically disadvantaged children. A child whose family income is between 130 percent and 185 percent of applicable family size income levels contained in the nonfarm poverty guidelines prescribed by the Office of Management and Budget is eligible for a reduced price lunch. A child whose family income is 130 percent or less of applicable family size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget is eligible for a free lunch. Pre-discount price. The “pre-discount price” means, in this subpart, the price the service provider agrees to accept as total payment for its telecommunications or information services. This amount is the sum of the amount the service provider expects to receive from the eligible school or library and the amount it expects to receive as reimbursement from the universal service support mechanisms for the discounts provided under this subpart. Secondary school. A “secondary school” means a secondary school as defined in 20 U.S.C. 7801(38) , a non-profit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under state law except that the term does not include any education beyond grade 12. State telecommunications network. A “state telecommunications network” is a state government entity that procures, among other things, telecommunications offerings from multiple service providers and bundles such offerings into packages available to schools, libraries, or rural health care providers that are eligible for universal service support, or a state government entity that provides, using its own facilities, such telecommunications offerings to such schools, libraries, and rural health care providers. Tribal. An entity is “Tribal” for purposes of E-Rate funding if it is a school operated by or receiving funding from the Bureau of Indian Education (BIE), or if it is a school or library operated by any Tribe, Band, Nation, or other organized group or community, including any Alaska native village, regional corporation, or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. )) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. Voice services. “Voice services” include local phone service, long distance service, plain old telephone service (POTS), radio loop, 800 service, satellite telephone, shared telephone service, Centrex, wireless telephone service such as cellular, interconnected voice over Internet protocol (VoIP), and the circuit capacity dedicated to providing voice services. Wide area network. For purposes of this subpart, a “wide area network” is a voice or data network that provides connections from one or more computers within an eligible school or library to one or more computers or networks that are external to such eligible school or library. Excluded from this definition is a voice or data network that provides connections between or among instructional buildings of a single school campus or between or among non-administrative buildings of a single library branch. [ 63 FR 2128 , Jan. 13, 1998, as amended at 68 FR 36942 , June 20, 2003; 76 FR 56302 , Sept. 13, 2011; 79 FR 49197 , Aug. 19, 2014; 79 FR 68634 , Nov. 18, 2014; 87 FR 8210 , Feb. 14, 2022; 88 FR 55409 , Aug. 15, 2023] § 54.501 Eligible recipients. ( a ) Schools. ( 1 ) Only schools meeting the statutory definition of “elementary school” or “secondary school” as defined in § 54.500 of this subpart , and not excluded under paragraphs (a)(2) or (3) of this section shall be eligible for discounts on telecommunications and other supported services under this subpart. ( 2 ) Schools operating as for-profit businesses shall not be eligible for discounts under this subpart. ( 3 ) Schools with endowments exceeding $50,000,000 shall not be eligible for discounts under this subpart. ( b ) Libraries. ( 1 ) Only libraries eligible for assistance from a State library administrative agency under the Library Services and Technology Act ( 20 U.S.C. 9122 ) and not excluded under paragraph (b)(2) or (3) of this section shall be eligible for discounts under this subpart. ( 2 ) Except as provided in paragraph (b)(4) of this section, a library's eligibility for universal service funding shall depend on its funding as an independent entity. Only libraries whose budgets are completely separate from any schools (including, but not limited to, elementary and secondary schools, colleges, and universities) shall be eligible for discounts as libraries under this subpart. ( 3 ) Libraries operating as for-profit businesses shall not be eligible for discounts under this subpart. ( 4 ) A Tribal college or university library that serves as a public library by having dedicated library staff, regular hours, and a collection available for public use in its community shall be eligible for discounts under this subpart. ( c ) Consortia. ( 1 ) For consortia, discounts under this subpart shall apply only to the portion of eligible telecommunications and other supported services used by eligible schools and libraries. ( 2 ) Service providers shall keep and retain records of rates charged to and discounts allowed for eligible schools and libraries—on their own or as part of a consortium. Such records shall be available for public inspection. [ 62 FR 32948 , June 17, 1997, as amended at 63 FR 2129 , Jan. 13, 1998; 68 FR 36942 , June 20, 2003; 75 FR 75411 , Dec. 3, 2010; 76 FR 56302 , Sept. 13, 2011; 79 FR 49198 , Aug. 19, 2014; 79 FR 68634 , Nov. 18, 2014; 87 FR 8210 , Feb. 14, 2022; 88 FR 55409 , Aug. 15, 2023] § 54.502 Eligible services. Cross Reference Link to an amendment published at 84 FR 70036 , Dec. 20, 2019. ( a ) Supported services. All supported services are listed in the Eligible Services List as updated annually in accordance with paragraph (d) of this section. The services in this subpart will be supported in addition to all reasonable charges that are incurred by taking such services, such as state and federal taxes. Charges for termination liability, penalty surcharges, and other charges not included in the cost of taking such service shall not be covered by the universal service support mechanisms. The supported services fall within the following general categories: ( 1 ) Category one. Telecommunications services, telecommunications, and Internet access, as defined in § 54.5 and described in the Eligible Services List are category one supported services. ( 2 ) Category two. Internal connections, basic maintenance and managed internal broadband services as defined in § 54.500 and described in the Eligible Services List are category two supported services. ( b ) Funding years 2015-2019. Libraries, schools, or school districts with schools that receive funding for category two services in any of the funding years between 2015 and 2019 shall be eligible for support for category two services pursuant to paragraphs (b)(1) through (6) of this section. ( 1 ) Five-year budget. Each eligible school or library shall be eligible for a budgeted amount of support for category two services over a five-year funding cycle beginning the first funding year support is received. Excluding support for internal connections received prior to funding year 2015, each school or library shall be eligible for the total available budget less any support received for category two services in the prior funding years of that school's or library's five-year funding cycle. The budgeted amounts and the funding floor shall be adjusted for inflation annually in accordance with § 54.507(a)(2) . ( 2 ) School budget. Each eligible school shall be eligible for support for category two services up to a pre-discount price of $150 per student over a five-year funding cycle. Applicants shall provide the student count per school, calculated at the time that the discount is calculated each funding year. New schools may estimate the number of students, but shall repay any support provided in excess of the maximum budget based on student enrollment the following funding year. ( 3 ) Library budget. Each eligible library shall be eligible for support for category two services, up to a pre-discount price of $2.30 per square foot over a five-year funding cycle. Libraries shall provide the total area for all floors, in square feet, of each library outlet separately, including all areas enclosed by the outer walls of the library outlet and occupied by the library, including those areas off-limits to the public. ( 4 ) Funding floor. Each eligible school and library will be eligible for support for category two services up to at least a pre-discount price of $9,200 over five funding years. ( 5 ) Requests. Applicants shall request support for category two services for each school or library based on the number of students per school building or square footage per library building. Category two funding for a school or library may not be used for another school or library. If an applicant requests less than the maximum budget available for a school or library, the applicant may request the remaining balance in a school's or library's category two budget in subsequent funding years of a five year cycle. The costs for category two services shared by multiple eligible entities shall be divided reasonably between each of the entities for which support is sought in that funding year. ( 6 ) Non-instructional buildings. Support is not available for category two services provided to or within non-instructional school buildings or separate library administrative buildings unless those category two services are essential for the effective transport of information to or within one or more instructional buildings of a school or non-administrative library buildings, or the Commission has found that the use of those services meets the definition of educational purpose, as defined in § 54.500 . When applying for category two support for eligible services to a non-instructional school building or library administrative building, the applicant shall allocate the cost of providing services to one or more of the eligible school or library buildings that benefit from those services being provided. ( c ) Funding year 2020. Libraries, schools, or school districts with schools that receive funding for category two services in funding year 2020 shall be eligible for support for category two services pursuant to paragraphs (c)(1) through (6) of this section. ( 1 ) Six-year funding cycle. Each eligible school or library shall be eligible for a budgeted amount of support for category two services over a six-year funding cycle. Each school or library shall be eligible for the total available budget less the pre-discount amount of any support received for category two services in the prior funding years of that school's or library's six-year funding cycle. ( 2 ) School budget. Each eligible school shall be eligible for support for category two services up to a pre-discount price of $150 plus an additional prorated 20% (adjusted for inflation dating back to funding year 2015) over six funding years that will be completed at the end of funding year 2020. Applicants shall provide the student count per school, calculated at the time that the discount is calculated each funding year. New schools may estimate the number of students but shall repay any support provided in excess of the maximum budget based on student enrollment the following funding year. ( 3 ) Library budget. Each eligible library located within the Institute of Museum and Library Services locale codes of “11—City, Large,” defined as a territory inside an urbanized area and inside a principal city with a population of 250,000 or more, “12—City, Midsize,” defined as a territory inside an urbanized area and inside a principal city with a population less than 250,000 and greater than or equal to 100,000, or “21—Suburb, Large,” defined as a territory outside a principal city and inside an urbanized area with population of 250,000 or more, shall be eligible for support for category two services, up to a pre-discount price of $5.00 per square foot plus an additional prorated 20% (adjusted for inflation dating back to funding year 2015) over six funding years that will be completed at the end of funding year 2020. All other eligible libraries shall be eligible for support for category two services, up to a pre-discount price of $2.30 per square foot plus an additional prorated 20% (adjusted for inflation dating back to funding year 2015) over a six-year funding cycle that will be completed at the end of funding year 2020. Libraries shall provide the total area for all floors, in square feet, of each library outlet separately, including all areas enclosed by the outer walls of the library outlet and occupied by the library, including those areas off-limits to the public. ( 4 ) Funding floor. Each eligible school and library will be eligible for support for category two services of at least a pre-discount price of $9,200 plus an additional prorated 20% (adjusted for inflation dating back to funding year 2015) over six funding years that will be completed at the end of funding year 2020. ( 5 ) Requests. Applicants shall request support for category two services for each school or library based on the number of students per school building or square footage per library building. Category two funding for a school or library may not be used for another school or library. The costs for category two services shared by multiple eligible entities shall be divided reasonably between each of the entities for which support is sought in that funding year. ( 6 ) Non-instructional buildings. Support is not available for category two services provided to or within non-instructional school buildings or separate library administrative buildings unless those category two services are essential for the effective transport of information to or within one or more instructional buildings of a school or non-administrative library buildings, or the Commission has found that the use of those services meets the definition of educational purpose, as defined in § 54.500 . When applying for category two support for eligible services to a non-instructional school building or library administrative building, the applicant shall allocate the cost of providing services to one or more of the eligible school or library buildings that benefit from those services being provided. ( d ) Funding year 2021 and beyond. Schools, school districts, libraries, and library systems shall be eligible for support for category two services pursuant to the five-year budgets described in paragraphs (d)(1) through (6) of this section. ( 1 ) Fixed five-year funding cycle. Beginning in funding year 2021, each eligible school, school district, library, or library system shall be eligible for a budgeted amount of pre-discount support for category two services over a five-year funding cycle that will reset in funding year 2026 and subsequently, after every five funding years. Each school, school district, library, or library system shall be eligible for the total available budget less the pre-discount amount of any support received for category two services in the prior funding years of that fixed five-year funding cycle. ( 2 ) School and school district multipliers. Each eligible school district and schools operating independently of a school district shall be eligible for support for category two services up to a pre-discount price of $167 per student over a five-year funding cycle. The amount of support will be calculated at the time that the discount is calculated in the first funding year of the five-year cycle in which the applicant requests category two support, unless the school or school district elects to seek additional program support using updated enrollment numbers in subsequent funding years in the five-year cycle. School districts shall provide the total number of students within the school district. Independent charter schools, private schools, and other eligible educational facilities that operate under the control of a central administrative agency shall provide the total number of students under the control of that agency. Schools that are not affiliated financially or operationally with a school district or central administrative agency shall provide the total number of students in the school. ( 3 ) Library and library system multipliers. Library systems and libraries operating independently of a system shall be eligible for support for category two services, up to a pre-discount price of $4.50 per square foot over a five-year funding cycle. The amount of support will be calculated at the time that the discount is calculated in the first funding year of the five-year cycle in which the applicant requests category two support, unless the library or library system elects to seek additional program support using updated square footage in subsequent funding years in the five-year cycle. Library systems shall provide the total area for all floors, in square feet, of all of its library outlets, including all areas enclosed by the outer walls of the library outlet and occupied by the library, including those areas off-limits to the public. Independent libraries shall provide the total area for all floors, in square feet, of all areas enclosed by the outer walls of the library outlet and occupied by the library, including those areas off-limits to the public. ( 4 ) Funding floor. Each eligible school and library shall be eligible for support for category two services of at least a pre-discount price of $25,000 over five funding years. Tribal libraries shall be eligible for support for category two services of at least a pre-discount price of $55,000 over five funding years. ( 5 ) Calculation increase. Before funding year 2026 and every subsequent five-year funding cycle, the Wireline Competition Bureau shall announce the multipliers and funding floor as adjusted for inflation at least 60 days before the start of the filing window for the next five-year funding cycle. The Bureau shall use the last four quarters of data on the Gross Domestic Product Chain-type Price Index (GDP-CPI) compared with the equivalent quarters from the beginning of the five-year funding cycle. The increase shall be rounded to the nearest 0.1 percent and shall be used to calculate the category two budget multipliers and funding floor for that five-year funding cycle. The multipliers and funding floor shall be rounded to the nearest cent. ( 6 ) Non-instructional buildings. Support is not available for category two services provided to or within non-instructional school buildings or separate library administrative buildings unless those category two services are essential for the effective transport of information to or within one or more instructional buildings of a school or non-administrative library buildings, or the Commission has found that the use of those services meets the definition of educational purpose, as defined in § 54.500 . When applying for category two support for eligible services within a non-instructional school building or library administrative building, the applicant shall not be required to deduct the cost of the non-instructional building's use of the category two services or equipment. ( e ) Eligible services list process. The Administrator shall submit by March 30 of each year a draft list of services eligible for support, based on the Commission's rules for the following funding year. The Wireline Competition Bureau will issue a Public Notice seeking comment on the Administrator's proposed eligible services list. The final list of services eligible for support will be released at least 60 days prior to the opening of the application filing window for the following funding year. [ 62 FR 32948 , June 17, 1997, as amended at 79 FR 49198 , Aug. 19, 2014; 79 FR 68634 , Nov. 18, 2014; 80 FR 5988 , Feb. 4, 2015; 84 FR 70036 , Dec. 20, 2019; 88 FR 55409 , Aug. 15, 2023] § 54.503 Competitive bidding requirements. ( a ) All entities participating in the schools and libraries universal service support program must conduct a fair and open competitive bidding process, consistent with all requirements set forth in this subpart. Note to paragraph ( a ): The following is an illustrative list of activities or behaviors that would not result in a fair and open competitive bidding process: the applicant for supported services has a relationship with a service provider that would unfairly influence the outcome of a competition or would furnish the service provider with inside information; someone other than the applicant or an authorized representative of the applicant prepares, signs, and submits the FCC Form 470 and certification; a service provider representative is listed as the FCC Form 470 contact person and allows that service provider to participate in the competitive bidding process; the service provider prepares the applicant's FCC Form 470 or participates in the bid evaluation or vendor selection process in any way; the applicant turns over to a service provider the responsibility for ensuring a fair and open competitive bidding process; an applicant employee with a role in the service provider selection process also has an ownership interest in the service provider seeking to participate in the competitive bidding process; and the applicant's FCC Form 470 does not describe the supported services with sufficient specificity to enable interested service providers to submit responsive bids. ( b ) Competitive bid requirements. Except as provided in § 54.511(c) , an eligible school, library, or consortium that includes an eligible school or library shall seek competitive bids, pursuant to the requirements established in this subpart, for all services eligible for support under § 54.502 . These competitive bid requirements apply in addition to state and local competitive bid requirements and are not intended to preempt such state or local requirements. ( c ) Posting of FCC Form 470. ( 1 ) An eligible school, library, or consortium that includes an eligible school or library seeking bids for eligible services under this subpart shall submit a completed FCC Form 470 to the Administrator to initiate the competitive bidding process. The FCC Form 470 and any request for proposal cited in the FCC Form 470 shall include, at a minimum, the following information: ( i ) A list of specified services for which the school, library, or consortium requests bids; ( ii ) Sufficient information to enable bidders to reasonably determine the needs of the applicant; ( iii ) To the extent an applicant seeks the following services or arrangements, an indication of the applicant's intent to seek: ( A ) Construction of network facilities that the applicant will own; ( B ) A dark-fiber lease, indefeasible right of use, or other dark-fiber service agreement or the modulating electronics necessary to light dark fiber; or ( C ) A multi-year installment payment agreement with the service provider for the non-discounted share of special construction costs; ( iv ) To the extent an applicant seeks construction of a network that the applicant will own, the applicant must also solicit bids for both the services provided over third-party networks and construction of applicant-owned network facilities, in the same request for proposals; ( v ) To the extent an applicant seeks bids for special construction associated with dark fiber or bids to lease and light dark fiber, the applicant must also solicit bids to provide the needed services over lit fiber; and ( vi ) To the extent an applicant seeks bids for equipment and maintenance costs associated with lighting dark fiber, the applicant must include these elements in the same FCC Form 470 as the dark fiber. ( 2 ) The FCC Form 470 shall be signed by a person authorized to request bids for eligible services for the eligible school, library, or consortium, including such entities. ( i ) A person authorized to request bids on behalf of the entities listed on an FCC Form 470 shall certify under oath that: ( A ) The schools meet the statutory definition of “elementary school” or “secondary school” as defined in § 54.500 of these rules, do not operate as for-profit businesses, and do not have endowments exceeding $50 million. ( B ) The libraries or library consortia eligible for assistance from a State library administrative agency under the Library Services and Technology Act of 1996 do not operate as for-profit businesses and, except for the limited case of Tribal colleges or universities, have budgets that are completely separate from any school (including, but not limited to, elementary and secondary schools, colleges, and universities). ( C ) Support under this support mechanism is conditional upon the school(s) and library(ies) securing access to all of the resources, including computers, training, software, maintenance, internal connections, and electrical connections necessary to use the services purchased effectively. ( ii ) A person authorized to both request bids and order services on behalf of the entities listed on an FCC Form 470 shall, in addition to making the certifications listed in paragraph (c)(2)(i) of this section, certify under oath that: ( A ) The services the school, library, or consortium purchases at discounts will be used primarily for educational purposes and will not be sold, resold, or transferred in consideration for money or any other thing of value, except as allowed by § 54.513 . ( B ) All bids submitted for eligible products and services will be carefully considered, with price being the primary factor, and the bid selected will be for the most cost-effective service offering consistent with § 54.511 . ( 3 ) The Administrator shall post each FCC Form 470 that it receives from an eligible school, library, or consortium that includes an eligible school or library on its Web site designated for this purpose. ( 4 ) After posting on the Administrator's Web site an eligible school, library, or consortium FCC Form 470, the Administrator shall send confirmation of the posting to the entity requesting service. That entity shall then wait at least four weeks from the date on which its description of services is posted on the Administrator's Web site before making commitments with the selected providers of services. The confirmation from the Administrator shall include the date after which the requestor may sign a contract with its chosen provider(s). ( d ) Gift restrictions. ( 1 ) Subject to paragraphs (d)(3) and (4) of this section, an eligible school, library, or consortium that includes an eligible school or library may not directly or indirectly solicit or accept any gift, gratuity, favor, entertainment, loan, or any other thing of value from a service provider participating in or seeking to participate in the schools and libraries universal service program. No such service provider shall offer or provide any such gift, gratuity, favor, entertainment, loan, or other thing of value except as otherwise provided herein. Modest refreshments not offered as part of a meal, items with little intrinsic value intended solely for presentation, and items worth $20 or less, including meals, may be offered or provided, and accepted by any individuals or entities subject to this rule, if the value of these items received by any individual does not exceed $50 from any one service provider per funding year. The $50 amount for any service provider shall be calculated as the aggregate value of all gifts provided during a funding year by the individuals specified in paragraph (d)(2)(ii) of this section. ( 2 ) For purposes of this paragraph: ( i ) The terms “school, library, or consortium” include all individuals who are on the governing boards of such entities (such as members of a school committee), and all employees, officers, representatives, agents, consultants or independent contractors of such entities involved on behalf of such school, library, or consortium with the Schools and Libraries Program of the Universal Service Fund (E-rate Program), including individuals who prepare, approve, sign or submit E-rate applications, or other forms related to the E-rate Program, or who prepare bids, communicate or work with E-rate service providers, E-rate consultants, or with USAC, as well as any staff of such entities responsible for monitoring compliance with the E-rate Program; and ( ii ) The term “service provider” includes all individuals who are on the governing boards of such an entity (such as members of the board of directors), and all employees, officers, representatives, agents, or independent contractors of such entities. ( 3 ) The restrictions set forth in this paragraph shall not be applicable to the provision of any gift, gratuity, favor, entertainment, loan, or any other thing of value, to the extent given to a family member or a friend working for an eligible school, library, or consortium that includes an eligible school or library, provided that such transactions: ( i ) Are motivated solely by a personal relationship, ( ii ) Are not rooted in any service provider business activities or any other business relationship with any such eligible school, library, or consortium, and ( iii ) Are provided using only the donor's personal funds that will not be reimbursed through any employment or business relationship. ( 4 ) Any service provider may make charitable donations to an eligible school, library, or consortium that includes an eligible school or library in the support of its programs as long as such contributions are not directly or indirectly related to E-rate procurement activities or decisions and are not given by service providers to circumvent competitive bidding and other E-rate program rules, including those in paragraph (c)(2)(i)(C) of this section, requiring schools and libraries to pay their own non-discount share for the services they are purchasing. ( e ) Exemption to competitive bidding requirements. ( 1 ) An applicant that seeks support for commercially available high-speed internet access services for a pre-discount price of $3,600 or less per school or library annually is exempt from the competitive bidding requirements in paragraphs (a) through (c) of this section. ( i ) internet access, as defined in § 54.5 , is eligible for this exemption only if the purchased service offers at least 100 Mbps downstream and 10 Mbps upstream. ( ii ) The Chief, Wireline Competition Bureau, is delegated authority to lower the annual cost of high-speed internet access services or raise the speed threshold of broadband services eligible for this competitive bidding exemption, based on a determination of what rates and speeds are commercially available prior to the start of the funding year. ( 2 ) A library applicant that seeks support for category two services for a total pre-discount price of $3,600 or less per library annually is exempt from the competitive bidding requirements in paragraphs (a) through (c) of this section. Applicants must select a cost-effective service offering, based on the price of the equipment or services. [ 75 FR 75412 , Dec. 3, 2010, as amended at 76 FR 56302 , Sept. 13, 2011; 79 FR 49199 , Aug. 19, 2014; 80 FR 5989 , Feb. 4, 2015; 88 FR 55410 , Aug, 15, 2023] Editorial Note Editorial Note: At 83 FR , May 1,2018, § 54.503 was amended by revising paragraph (a)(6) however the agency provided two different paragraph (a)(6)'s, the amendment could not be incorporated due to inaccurate amendatory instruction. § 54.504 Requests for services. ( a ) Filing of the FCC Form 471. An eligible school, library, or consortium that includes an eligible school or library seeking to receive discounts for eligible services under this subpart shall, upon entering into a signed contract or other legally binding agreement for eligible services, submit a completed FCC Form 471 to the Administrator. ( 1 ) The FCC Form 471 shall be signed by the person authorized to order eligible services for the eligible school, library, or consortium and shall include that person's certification under oath that: ( i ) The schools meet the statutory definition of “elementary school” or “secondary school” as defined in § 54.500 of this subpart , do not operate as for-profit businesses, and do not have endowments exceeding $50 million. ( ii ) The libraries or library consortia eligible for assistance from a State library administrative agency under the Library Services and Technology Act of 1996 do not operate as for-profit businesses and, except for the limited case of Tribal college or universities, their budgets are completely separate from any school (including, but not limited to, elementary and secondary schools, colleges, and universities). ( iii ) The entities listed on the FCC Form 471 application have secured access to all of the resources, including computers, training, software, maintenance, internal connections, and electrical connections, necessary to make effective use of the services purchased. The entities listed on the FCC Form 471 will pay the discounted charges for eligible services from funds to which access has been secured in the current funding year or, for entities that will make installment payments, they will ensure that they are able to make all required installment payments. The billed entity will pay the non-discount portion of the cost of the goods and services to the service provider(s). ( iv ) The entities listed on the FCC Form 471 application have complied with all applicable state and local laws regarding procurement of services for which support is being sought. ( v ) The services the school, library, or consortium purchases at discounts will be used primarily for educational purposes and will not be sold, resold, or transferred in consideration for money or any other thing of value, except as allowed by § 54.513 . ( vi ) The entities listed in the application have complied with all program rules and acknowledge that failure to do so may result in denial of discount funding and/or recovery of funding. ( vii ) The applicant understands that the discount level used for shared services is conditional, for future years, upon ensuring that the most disadvantaged schools and libraries that are treated as sharing in the service, receive an appropriate share of benefits from those services. ( viii ) The applicant recognizes that it may be audited pursuant to its application, that it will retain for ten years any and all worksheets and other records relied upon to fill out its application, and that, if audited, it will make such records available to the Administrator. ( ix ) Except as exempted by § 54.503(e) , all bids submitted to a school, library, or consortium seeking eligible services were carefully considered and the most cost-effective bid was selected in accordance with § 54.503 of this subpart , with price being the primary factor considered, and it is the most cost-effective means of meeting educational needs and technology goals. ( 2 ) All pricing and technology infrastructure information submitted as part of an FCC Form 471 shall be treated as public and non-confidential by the Administrator unless the applicant specifies a statute, rule, or other restriction, such as a court order or an existing contract limitation barring public release of the information. ( i ) Contracts and other agreements executed after adoption of this rule may not prohibit disclosure of pricing or technology infrastructure information. ( ii ) The exemption for existing contract limitations shall not apply to voluntary extensions or renewals of existing contracts. ( b ) Mixed eligibility requests. If 30 percent or more of a request for discounts made in an FCC Form 471 is for ineligible services, the request shall be denied in its entirety. ( c ) Rate disputes. Schools, libraries, and consortia including those entities, and service providers may have recourse to the Commission, regarding interstate rates, and to state commissions, regarding intrastate rates, if they reasonably believe that the lowest corresponding price is unfairly high or low. ( 1 ) Schools, libraries, and consortia including those entities may request lower rates if the rate offered by the carrier does not represent the lowest corresponding price. ( 2 ) Service providers may request higher rates if they can show that the lowest corresponding price is not compensatory, because the relevant school, library, or consortium including those entities is not similarly situated to and subscribing to a similar set of services to the customer paying the lowest corresponding price. ( d ) Service substitution. ( 1 ) The Administrator shall grant a request by an applicant to substitute a service or product for one identified on its FCC Form 471 where: ( i ) The service or product has the same functionality; ( ii ) The substitution does not violate any contract provisions or state or local procurement laws; ( iii ) The substitution does not result in an increase in the percentage of ineligible services or functions; and ( iv ) The applicant certifies that the requested change is within the scope of the controlling FCC Form 470, including any associated Requests for Proposal, for the original services. ( 2 ) In the event that a service substitution results in a change in the pre-discount price for the supported service, support shall be based on the lower of either the pre-discount price of the service for which support was originally requested or the pre-discount price of the new, substituted service. ( 3 ) For purposes of this rule, the two categories of eligible services are not deemed to have the same functionality as one another. ( e ) Mixed eligibility services. A request for discounts for a product or service that includes both eligible and ineligible components must allocate the cost of the contract to eligible and ineligible components. ( 1 ) Ineligible components. If a product or service contains ineligible components, costs must be allocated to the extent that a clear delineation can be made between the eligible and ineligible components. The delineation must have a tangible basis, and the price for the eligible portion must be the most cost-effective means of receiving the eligible service. ( 2 ) Ancillary ineligible components. If a product or service contains ineligible components that are ancillary to the eligible components, and the product or service is the most cost-effective means of receiving the eligible component functionality, without regard to the value of the ineligible component, costs need not be allocated between the eligible and ineligible components. Discounts shall be provided on the full cost of the product or service. An ineligible component is “ancillary” if a price for the ineligible component cannot be determined separately and independently from the price of the eligible components, and the specific package remains the most cost-effective means of receiving the eligible services, without regard to the value of the ineligible functionality. ( 3 ) The Administrator shall utilize the cost allocation requirements of this paragraph in evaluating mixed eligibility requests under paragraph (e)(1) of this section. ( f ) Filing of FCC Form 473. All service providers eligible to provide telecommunications and other supported services under this subpart shall submit annually a completed FCC Form 473 to the Administrator. The FCC Form 473 shall be signed by an authorized person and shall include that person's certification under oath that: ( 1 ) The prices in any offer that this service provider makes pursuant to the schools and libraries universal service support program have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to those prices, the intention to submit an offer, or the methods or factors used to calculate the prices offered; ( 2 ) The prices in any offer that this service provider makes pursuant to the schools and libraries universal service support program will not be knowingly disclosed by this service provider, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and ( 3 ) No attempt will be made by this service provider to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. ( 4 ) The service provider listed on the FCC Form 473 certifies that the invoices that are submitted by this Service Provider to the Billed Entity for reimbursement pursuant to Billed Entity Applicant Reimbursement Forms (FCC Form 472) are accurate and represent payments from the Billed Entity to the Service Provider for equipment and services provided pursuant to E-rate program rules. ( 5 ) The service provider listed on the FCC Form 473 certifies that the bills or invoices issued by this service provider to the billed entity are for equipment and services eligible for universal service support by the Administrator, and exclude any charges previously invoiced to the Administrator by the service provider. [ 79 FR 49199 , Aug. 19, 2014, as amended at 79 FR 68634 , Nov. 18, 2014; 80 FR 5989 , Feb. 4, 2015; 88 FR 55410 , Aug. 15, 2023] § 54.505 Discounts. ( a ) Discount mechanism. Discounts for eligible schools and libraries shall be set as a percentage discount from the pre-discount price. ( b ) Discount percentages. Except as provided in paragraph (f), the discounts available to eligible schools and libraries shall range from 20 percent to 90 percent of the pre-discount price for all eligible services provided by eligible providers, as defined in this subpart. The discounts available to a particular school, library, or consortium of only such entities shall be determined by indicators of poverty and high cost. ( 1 ) For schools and school districts, the level of poverty shall be based on the percentage of the student enrollment that is eligible for a free or reduced price lunch under the national school lunch program or a federally-approved alternative mechanism. School districts shall divide the total number of students eligible for the National School Lunch Program within the school district by the total number of students within the school district to arrive at a percentage of students eligible. This percentage rate shall then be applied to the discount matrix to set a discount rate for the supported services purchased by all schools within the school district. Independent charter schools, private schools, and other eligible educational facilities should calculate a single discount percentage rate based on the total number of students under the control of the central administrative agency. ( 2 ) For libraries and library consortia, the level of poverty shall be based on the percentage of the student enrollment that is eligible for a free or reduced price lunch under the national school lunch program or a federally-approved alternative mechanism in the public school district in which they are located and should use that school district's level of poverty to determine their discount rate when applying as a library system or as an individual library outlet within that system. When a library system has branches or outlets in more than one public school district, that library system and all library outlets within that system should use the address of the central outlet or main administrative office to determine which school district the library system is in, and should use that school district's level of poverty to determine its discount rate when applying as a library system or as one or more library outlets. If the library is not in a school district, then its level of poverty shall be based on an average of the percentage of students eligible for the national school lunch program in each of the school districts that children living in the library's location attend. ( 3 ) The Administrator shall classify schools and libraries as “urban” or “rural” according to the following designations. ( i ) The Administrator shall designate a school or library as “urban” if the school or library is located in an urbanized area or urban cluster area with a population equal to or greater than 25,000, as determined by the most recent rural-urban classification by the Bureau of the Census. The Administrator shall designate all other schools and libraries as “rural.” ( 4 ) School districts, library systems, or other billed entities shall calculate discounts on supported services described in § 54.502(a) that are shared by two or more of their schools, libraries, or consortia members by calculating an average discount based on the applicable district-wide discounts of all member schools and libraries. School districts, library systems, or other billed entities shall ensure that, for each year in which an eligible school or library is included for purposes of calculating the aggregate discount rate, that eligible school or library shall receive a proportionate share of the shared services for which support is sought. For schools, the discount shall be a simple average of the applicable district-wide percentage for all schools sharing a portion of the shared services. For libraries, the average discount shall be a simple average of the applicable discounts to which the libraries sharing a portion of the shared services are entitled. ( c ) Matrices. Except as provided in paragraphs (d) , (f) , and (g) of this section, the Administrator shall use the following matrices to set discount rates to be applied to eligible category one and category two services purchased by eligible schools, school districts, libraries, or consortia based on the institution's level of poverty and location in an “urban” or “rural” area. Category one schools and libraries discount matrix Category two schools and libraries discount matrix Discount level Discount level % of students eligible for national school lunch program Urban discount Rural discount Urban discount Rural discount <1 20 25 20 25 1-19 40 50 40 50 20-34 50 60 50 60 35-49 60 70 60 70 50-74 80 80 80 80 75-100 90 90 85 85 ( d ) Voice Services. Discounts for category one voice services shall be reduced by 20 percentage points off applicant discount percentage rates for each funding year starting in funding year 2015, and reduced by an additional 20 percentage points off applicant discount percentage rates each subsequent funding year. ( e ) Interstate and intrastate services. Federal universal service support for schools and libraries shall be provided for both interstate and intrastate services. ( 1 ) Federal universal service support under this subpart for eligible schools and libraries in a state is contingent upon the establishment of intrastate discounts no less than the discounts applicable for interstate services. ( 2 ) A state may, however, secure a temporary waiver of this latter requirement based on unusually compelling conditions. ( f ) Additional discounts for State matching funds for special construction. Federal universal service discounts shall be based on the price of a service prior to the application of any state-provided support for schools or libraries. When a governmental entity described below provides funding for special construction charges for networks that meet the long-term connectivity targets for the schools and libraries universal service support program, the Administrator shall match the governmental entity's contribution as provided for below: ( 1 ) All E-rate applicants. When a State government provides funding for special construction charges for a broadband connection to a school or library the Administrator shall match the State's contribution on a one-dollar-to-one-dollar basis up to an additional 10 percent discount, provided however that the total support from federal universal service and the State may not exceed 100 percent. ( 2 ) Tribal schools. When a State government, Tribal government, or federal agency provides funding for special construction charges for a broadband connection to a school operated by the Bureau of Indian Education or by a Tribal government, the Administrator shall match the governmental entity's contribution on a one-dollar-to-one-dollar basis up to an additional 10 percent discount, provided however that the total support from federal universal service and the governmental entity may not exceed 100 percent. ( 3 ) Tribal libraries. When a State government, Tribal government, or federal agency provides funding for special construction charges for a broadband connection to a library operated by Tribal governments, the Administrator shall match the governmental entity's contribution on a one-dollar-to-one-dollar basis up to an additional 10 percent discount, provided however that the total support from federal universal service and the governmental entity may not exceed 100 percent. ( g ) Tribal Library Category Two Discount Level. For the costs of category two services, Tribal libraries at the highest discount level shall receive a 90 percent discount. [ 62 FR 32948 , June 17, 1997, as amended at 62 FR 41304 , Aug. 1, 1997; 63 FR 2130 , Jan. 13, 1998; 63 FR 70572 , Dec. 21, 1998; 75 FR 75414 , Dec. 3, 2010; 79 FR 49201 , Aug. 19, 2014; 79 FR 68634 , Nov. 18, 2014; 80 FR 5989 , Feb. 4, 2015; 88 FR 55410 , Aug. 15, 2023] § 54.506 [Reserved] § 54.507 Cap. ( a ) Amount of the annual cap. The aggregate annual cap on federal universal service support for schools and libraries shall be $3.9 billion per funding year, of which $1 billion per funding year will be available for category two services, as described in § 54.502(a)(2) , unless demand for category one services is higher than available funding. ( 1 ) Inflation increase. In funding year 2016 and subsequent funding years, the $3.9 billion funding cap on federal universal service support for schools and libraries shall be automatically increased annually to take into account increases in the rate of inflation as calculated in paragraph (a)(2) of this section. ( 2 ) Increase calculation. To measure increases in the rate of inflation for the purposes of this paragraph (a) , the Commission shall use the Gross Domestic Product Chain-type Price Index (GDP-CPI). To compute the annual increase as required by this paragraph (a) , the percentage increase in the GDP-CPI from the previous year will be used. For instance, the annual increase in the GDP-CPI from 2008 to 2009 would be used for the 2010 funding year. The increase shall be rounded to the nearest 0.1 percent by rounding 0.05 percent and above to the next higher 0.1 percent and otherwise rounding to the next lower 0.1 percent. This percentage increase shall be added to the amount of the annual funding cap from the previous funding year. If the yearly average GDP-CPI decreases or stays the same, the annual funding cap shall remain the same as the previous year. ( 3 ) Public notice. When the calculation of the yearly average GDP-CPI is determined, the Wireline Competition Bureau shall publish a public notice in the Federal Register within 60 days announcing any increase of the annual funding cap including any increase to the $1 billion funding level available for category two services based on the rate of inflation. ( 4 ) Filing window requests. At the close of the filing window, if requests for category one services are greater than the available funding, the Administrator shall shift category two funds to provide support for category one services. If available funds are sufficient to meet demand for category one services, the Administrator, at the direction of the Wireline Competition Bureau, shall direct the remaining additional funds to provide support for category two requests. ( 5 ) Amount of unused funds. All funds collected that are unused shall be carried forward into subsequent funding years for use in the schools and libraries support mechanism in accordance with the public interest and notwithstanding the annual cap. The Chief, Wireline Competition Bureau, is delegated authority to determine the proportion of unused funds, if any, needed to meet category one demand, and to direct the Administrator to use any remaining funds to provide support for category two requests. The Administrator shall report to the Commission, on a quarterly basis, funding that is unused from prior years of the schools and libraries support mechanism. ( 6 ) Application of unused funds. On an annual basis, in the second quarter of each calendar year, all funds that are collected and that are unused from prior years shall be available for use in the next full funding year of the schools and libraries mechanism in accordance with the public interest and notwithstanding the annual cap as described in this paragraph (a) . ( b ) Funding year. A funding year for purposes of the schools and libraries cap shall be the period July 1 through June 30. ( c ) Requests. The Administrator shall implement an initial filing period that treats all schools and libraries filing an application within that period as if their applications were simultaneously received. The initial filing period shall begin and conclude on dates to be determined by the Administrator with the approval of the Chief of the Wireline Competition Bureau. The Administrator shall maintain on the Administrator's Web site a running tally of the funds already committed for the existing funding year. The Administrator may implement such additional filing periods as it deems necessary. ( d ) Annual filing requirement. ( 1 ) Schools and libraries, and consortia of such eligible entities shall file new funding requests for each funding year no sooner than the July 1 prior to the start of that funding year. Schools, libraries, and eligible consortia must use recurring services for which discounts have been committed by the Administrator within the funding year for which the discounts were sought. ( 2 ) Installation of category one non-recurring services may begin on January 1 prior to the July 1 start of the funding year, provided the following conditions are met: ( i ) Construction begins after selection of the service provider pursuant to a posted FCC Form 470, ( ii ) A category one recurring service must depend on the installation of the infrastructure, and ( iii ) The actual service start date for that recurring service is on or after the start of the funding year (July 1). ( 3 ) Installation of category two non-recurring services may begin on April 1 prior to the July 1 start of the funding year. ( 4 ) The deadline for implementation of all non-recurring services will be September 30 following the close of the funding year. An applicant may request and receive from the Administrator an extension of the implementation deadline for non-recurring services if it satisfies one of the following criteria: ( i ) The applicant's funding commitment decision letter is issued by the Administrator on or after March 1 of the funding year for which discounts are authorized; ( ii ) The applicant receives a service provider change authorization or service substitution authorization from the Administrator on or after March 1 of the funding year for which discounts are authorized; ( iii ) The applicant's service provider is unable to complete implementation for reasons beyond the service provider's control; or ( iv ) The applicant's service provider is unwilling to complete installation because funding disbursements are delayed while the Administrator investigates the application for program compliance. ( e ) Long term contracts. If schools and libraries enter into long term contracts for eligible services, the Administrator shall only commit funds to cover the pro rata portion of such a long term contract scheduled to be delivered during the funding year for which universal service support is sought. ( f ) Rules of distribution. When the filing period described in paragraph (c) of this section closes, the Administrator shall calculate the total demand for both category one and category two support submitted by applicants during the filing period. If total demand for the funding year exceeds the total support available for category one or both categories, the Administrator shall take the following steps: ( 1 ) Category one. The Administrator shall first calculate the demand for category one services for all discount levels. The Administrator shall allocate the category one funds to these requests for support, beginning with the most economically disadvantaged schools and libraries, as determined by the schools and libraries discount matrix in § 54.505(c) . Schools and libraries eligible for a 90 percent discount shall receive first priority for the category one funds. The Administrator shall next allocate funds toward the requests submitted by schools and libraries eligible for an 80 percent discount, then for a 70 percent discount, and shall continue committing funds for category one services in the same manner to the applicants at each descending discount level until there are no funds remaining. ( 2 ) Category two. The Administrator shall next calculate the demand for category two services for all discount categories as determined by the schools and libraries discount matrix in § 54.505(c) . If that demand exceeds the category two budget for that funding year, the Administrator shall allocate the category two funds beginning with the most economically disadvantaged schools and libraries, as determined by the schools and libraries discount matrix in § 54.505(c) . The Administrator shall allocate funds toward the category two requests submitted by schools and libraries eligible for an 85 percent discount first, then for a 80 percent discount, and shall continue committing funds in the same manner to the applicants at each descending discount level until there are no category two funds remaining. ( 3 ) To the extent that there are single discount percentage levels associated with “shared services” under § 54.505(b)(4) , the Administrator shall allocate funds to the applicants at each descending discount level (e.g., 90 percent, 89 percent, then 88 percent) until there are no funds remaining. ( 4 ) For both paragraphs (f)(1) and (2) of this section, if the remaining funds are not sufficient to support all of the funding requests within a particular discount level, the Administrator shall allocate funds at that discount level using the percentage of students eligible for the National School Lunch Program. Thus, if there is not enough support to fund all requests at the 40 percent discount level, the Administrator shall allocate funds beginning with those applicants with the highest percentage of NSLP eligibility for that discount level by funding those applicants with 19 percent NSLP eligibility, then 18 percent NSLP eligibility, and shall continue committing funds in the same manner to applicants at each descending percentage of NSLP until there are no funds remaining. [ 79 FR 49201 , Aug. 19, 2014, as amended at 80 FR 5990 , Feb. 4, 2015] §§ 54.508-54.509 [Reserved] § 54.511 Ordering services. ( a ) Selecting a provider of eligible services. Except as exempted in § 54.503(e) , in selecting a provider of eligible services, schools, libraries, library consortia, and consortia including any of those entities shall carefully consider all bids submitted and must select the most cost-effective service offering. In determining which service offering is the most cost-effective, entities may consider relevant factors other than the pre-discount prices submitted by providers, but price should be the primary factor considered. ( b ) Lowest corresponding price. Providers of eligible services shall not submit bids for or charge schools, school districts, libraries, library consortia, or consortia including any of these entities a price above the lowest corresponding price for supported services, unless the Commission, with respect to interstate services or the state commission with respect to intrastate services, finds that the lowest corresponding price is not compensatory. Promotional rates offered by a service provider for a period of more than 90 days must be included among the comparable rates upon which the lowest corresponding price is determined. [ 79 FR 59203 , Aug. 19, 2014] § 54.513 Resale and transfer of services. ( a ) Prohibition on resale. Eligible supported services provided at a discount under this subpart shall not be sold, resold, or transferred in consideration of money or any other thing of value, except as provided in paragraph (b) of this section. ( b ) Disposal of obsolete equipment components of eligible services. Eligible equipment components of eligible services purchased at a discount under this subpart shall be considered obsolete if the equipment components have has been installed for at least five years. Obsolete equipment components of eligible services may be resold or transferred in consideration of money or any other thing of value, disposed of, donated, or traded. ( c ) Permissible fees. This prohibition on resale shall not bar schools, school districts, libraries, and library consortia from charging either computer lab fees or fees for classes in how to navigate over the Internet. There is no prohibition on the resale of services that are not purchased pursuant to the discounts provided in this subpart. ( d ) Eligible services and equipment components of eligible services purchased at a discount under this subpart shall not be transferred, with or without consideration of money or any other thing of value, for a period of three years after purchase, except that eligible services and equipment components of eligible services may be transferred to another eligible school or library in the event that the particular location where the service originally was received is permanently or temporarily closed, or is part of the same eligible school district or library system as the location receiving the eligible services or equipment components of eligible services. If an eligible service or equipment component of a service is transferred pursuant to this paragraph, both the transferor and recipient must maintain detailed records documenting the transfer and the reason for the transfer for a period of five years. [ 62 FR 32948 , June 17, 1997, as amended at 69 FR 6191 , Feb. 10, 2004; 75 FR 75415 , Dec. 3, 2010; 84 FR 70037 , Dec. 20, 2019] § 54.514 Payment for discounted services. ( a ) Invoice filing deadline. Invoices must be submitted to the Administrator: ( 1 ) 120 days after the last day to receive service; ( 2 ) 120 days after the date of the FCC Form 486 Notification Letter; or ( 3 ) 120 days after the date of the Revised Funding Commitment Decision Letter approving a post-commitment request made by the applicant or service provider or a successful appeal of a previously denied or reduced funding request, whichever is latest. ( b ) Invoice deadline extension. In advance of the deadline calculated pursuant to paragraph (a) of this section, service providers or billed entities may request a one-time extension of the invoicing deadline. The Administrator shall grant a 120 day extension of the invoice filing deadline, if it is timely requested. ( c ) Choice of payment method. Service providers providing discounted services under this subpart in any funding year shall, prior to the submission of the FCC Form 471, permit the billed entity to choose the method of payment for the discounted services from those methods approved by the Administrator, including by making a full, undiscounted payment and receiving subsequent reimbursement of the discount amount from the Administrator. [ 79 FR 49203 , Aug. 19, 2014, as amended at 86 FR 9027 , Feb. 11, 2021] § 54.515 Distributing support. ( a ) A telecommunications carrier providing services eligible for support under this subpart to eligible schools and libraries may, at the election of the carrier, treat the amount eligible for support under this subpart as an offset against the carrier's universal service contribution obligation for the year in which the costs for providing eligible services were incurred or receive a direct reimbursement from the Administrator for that amount. Carriers shall elect in January of each year the method by which they will be reimbursed and shall remain subject to that method for the duration of the calendar year. Any support amount that is owed a carrier that fails to remit its monthly universal service contribution obligation, however, shall first be applied as an offset to that carrier's contribution obligation. Such a carrier shall remain subject to the offsetting method for the remainder of the calendar year in which it failed to remit their monthly universal service obligation. A carrier that continues to be in arrears on its universal service contribution obligations at the end of a calendar year shall remain subject to the offsetting method for the next calendar year. ( b ) If a telecommunications carrier elects to treat the amount eligible for support under this subpart as an offset against the carrier's universal service contribution obligation and the total amount of support owed to the carrier exceeds its universal service obligation, calculated on an annual basis, the carrier shall receive a direct reimbursement in the amount of the difference. Any such reimbursement due a carrier shall be submitted to that carrier no later than the end of the first quarter of the calendar year following the year in which the costs were incurred and the offset against the carrier's universal service obligation was applied. [ 63 FR 67009 , Dec. 4, 1998] § 54.516 Auditing and inspections. ( a ) Recordkeeping requirements — ( 1 ) Schools, libraries, and consortia. Schools, libraries, and any consortium that includes schools or libraries shall retain all documents related to the application for, receipt, and delivery of supported services for at least 10 years after the latter of the last day of the applicable funding year or the service delivery deadline for the funding request. Any other document that demonstrates compliance with the statutory or regulatory requirements for the schools and libraries mechanism shall be retained as well. Schools, libraries, and consortia shall maintain asset and inventory records of equipment purchased as components of supported category two services sufficient to verify the actual location of such equipment for a period of 10 years after purchase. ( 2 ) Service providers. Service providers shall retain documents related to the delivery of supported services for at least 10 years after the latter of the last day of the applicable funding year or the service delivery deadline for the funding request. Any other document that demonstrates compliance with the statutory or regulatory requirements for the schools and libraries mechanism shall be retained as well. ( b ) Production of records. Schools, libraries, consortia, and service providers shall produce such records at the request of any representative (including any auditor) appointed by a state education department, the Administrator, the FCC, or any local, state or federal agency with jurisdiction over the entity. ( c ) Audits. Schools, libraries, consortia, and service providers shall be subject to audits and other investigations to evaluate their compliance with the statutory and regulatory requirements for the schools and libraries universal service support mechanism, including those requirements pertaining to what services and products are purchased, what services and products are delivered, and how services and products are being used. Schools, libraries, and consortia receiving discounted services must provide consent before a service provider releases confidential information to the auditor, reviewer, or other representative. ( d ) Inspections. Schools, libraries, consortia and service providers shall permit any representative (including any auditor) appointed by a state education department, the Administrator, the Commission or any local, state or federal agency with jurisdiction over the entity to enter their premises to conduct E-rate compliance inspections. [ 79 FR 49203 , Aug. 19, 2014] §§ 54.517-54.518 [Reserved] § 54.519 State telecommunications networks. ( a ) Telecommunications services. State telecommunications networks may secure discounts under the universal service support mechanisms on supported telecommunications services (as described in § 54.502(a) ) on behalf of eligible schools and libraries (as described in § 54.501 ) or consortia that include an eligible school or library. Such state telecommunications networks shall pass on such discounts to eligible schools and libraries and shall: ( 1 ) Maintain records listing each eligible school and library and showing the basis for each eligibility determination; ( 2 ) Maintain records demonstrating the discount amount to which each eligible school and library is entitled and the basis for such determination; ( 3 ) Take reasonable steps to ensure that each eligible school or library receives a proportionate share of the shared services; ( 4 ) Request that service providers apply the appropriate discount amounts on the portion of the supported services used by each school or library; ( 5 ) Direct eligible schools and libraries to pay the discounted price; and ( 6 ) Comply with the competitive bid requirements set forth in § 54.503 . ( b ) Internet access and installation and maintenance of internal connections. State telecommunications networks either may secure discounts on Internet access and installation and maintenance of internal connections in the manner described in paragraph (a) of this section with regard to telecommunications, or shall be eligible, consistent with § 54.502(a) , to receive universal service support for providing such services to eligible schools, libraries, and consortia including those entities. [ 63 FR 2131 , Jan. 13, 1998; 63 FR 33586 , June 19, 1998, as amended at 75 FR 75415 , Dec. 3, 2010] § 54.520 Children's Internet Protection Act certifications required from recipients of discounts under the federal universal service support mechanism for schools and libraries. ( a ) Definitions. ( 1 ) School. For the purposes of the certification requirements of this rule, school means school, school board, school district, local education agency or other authority responsible for administration of a school. ( 2 ) Library. For the purposes of the certification requirements of this rule, library means library, library board or authority responsible for administration of a library. ( 3 ) Billed entity. Billed entity is defined in § 54.500 . In the case of a consortium, the billed entity is the lead member of the consortium. ( 4 ) Statutory definitions. ( i ) The term “minor” means any individual who has not attained the age of 17 years. ( ii ) The term “obscene” has the meaning given such term in 18 U.S.C. 1460 . ( iii ) The term “child pornography” has the meaning given such term in 18 U.S.C. 2256 . ( iv ) The term “harmful to minors” means any picture, image, graphic image file, or other visual depiction that— ( A ) Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; ( B ) Depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and ( C ) Taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. ( v ) The terms “sexual act” and “sexual contact” have the meanings given such terms in 18 U.S.C. 2246 . ( vi ) The term “technology protection measure” means a specific technology that blocks or filters Internet access to the material covered by a certification under paragraph (c) of this section. ( b ) Who is required to make certifications? ( 1 ) A school or library that receives discounts for Internet access and internal connections services under the federal universal service support mechanism for schools and libraries, must make such certifications as described in paragraph (c) of this section. The certifications required and described in paragraph (c) of this section must be made in each funding year. ( 2 ) Schools and libraries that only receive discounts for telecommunications services under the federal universal service support mechanism for schools and libraries are not subject to the requirements 47 U.S.C. 254(h) and (l) , but must indicate, pursuant to the certification requirements in paragraph (c) of this section, that they only receive discounts for telecommunications services. ( c ) Certifications required under 47 U.S.C. 254(h) and (l) — ( 1 ) Schools. The billed entity for a school that receives discounts for Internet access or internal connections must certify on FCC Form 486 that an Internet safety policy is being enforced. If the school is an eligible member of a consortium but is not the billed entity for the consortium, the school must certify instead on FCC Form 479 (“Certification to Consortium Leader of Compliance with the Children's Internet Protection Act”) that an Internet safety policy is being enforced. ( i ) The Internet safety policy adopted and enforced pursuant to 47 U.S.C. 254(h) must include a technology protection measure that protects against Internet access by both adults and minors to visual depictions that are obscene, child pornography, or, with respect to use of the computers by minors, harmful to minors. The school must enforce the operation of the technology protection measure during use of its computers with Internet access, although an administrator, supervisor, or other person authorized by the certifying authority under paragraph (a)(1) of this section may disable the technology protection measure concerned, during use by an adult, to enable access for bona fide research or other lawful purpose. This Internet safety policy must also include monitoring the online activities of minors. Beginning July 1, 2012, schools' Internet safety policies must provide for educating minors about appropriate online behavior, including interacting with other individuals on social networking Web sites and in chat rooms and cyberbullying awareness and response. ( ii ) The Internet safety policy adopted and enforced pursuant to 47 U.S.C. 254(l) must address all of the following issues: ( A ) Access by minors to inappropriate matter on the Internet and World Wide Web, ( B ) The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications, ( C ) Unauthorized access, including so-called “hacking,” and other unlawful activities by minors online; ( D ) Unauthorized disclosure, use, and dissemination of personal information regarding minors; and ( E ) Measures designed to restrict minors' access to materials harmful to minors. ( iii ) A school must satisfy its obligations to make certifications by making one of the following certifications required by paragraph (c)(1) of this section on FCC Form 486: ( A ) The recipient(s) of service represented in the Funding Request Number(s) on this Form 486 has (have) complied with the requirements of the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) . ( B ) Pursuant to the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) , the recipient(s) of service represented in the Funding Request Number(s) on this Form 486, for whom this is the first funding year in the federal universal service support mechanism for schools and libraries, is (are) undertaking such actions, including any necessary procurement procedures, to comply with the requirements of CIPA for the next funding year, but has (have) not completed all requirements of CIPA for this funding year. ( C ) The Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) , does not apply because the recipient(s) of service represented in the Funding Request Number(s) on this Form 486 is (are) receiving discount services only for telecommunications services. ( 2 ) Libraries. The billed entity for a library that receives discounts for Internet access and internal connections must certify, on FCC Form 486, that an Internet safety policy is being enforced. If the library is an eligible member of a consortium but is not the billed entity for the consortium, the library must instead certify on FCC Form 479 (“Certification to Consortium Leader of Compliance with the Children's Internet Protection Act”) that an Internet safety policy is being enforced. ( i ) The Internet safety policy adopted and enforced pursuant to 47 U.S.C. 254(h) must include a technology protection measure that protects against Internet access by both adults and minors to visual depictions that are obscene, child pornography, or, with respect to use of the computers by minors, harmful to minors. The library must enforce the operation of the technology protection measure during use of its computers with Internet access, although an administrator, supervisor, or other person authorized by the certifying authority under paragraph (a)(2) of this section may disable the technology protection measure concerned, during use by an adult, to enable access for bona fide research or other lawful purpose. ( ii ) The Internet safety policy adopted and enforced pursuant to 47 U.S.C. 254(l) must address all of the following issues: ( A ) Access by minors to inappropriate matter on the Internet and World Wide Web; ( B ) The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications; ( C ) Unauthorized access, including so-called “hacking,” and other unlawful activities by minors online; ( D ) Unauthorized disclosure, use, and dissemination of personal information regarding minors; and ( E ) Measures designed to restrict minors' access to materials harmful to minors. ( iii ) A library must satisfy its obligations to make certifications by making one of the following certifications required by paragraph (c)(2) of this section on FCC Form 486: ( A ) The recipient(s) of service represented in the Funding Request Number(s) on this Form 486 has (have) complied with the requirements of the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) . ( B ) Pursuant to the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) , the recipient(s) of service represented in the Funding Request Number(s) on this Form 486, for whom this is the first funding year in the federal universal service support mechanism for schools and libraries, is (are) undertaking such actions, including any necessary procurement procedures, to comply with the requirements of CIPA for the next funding year, but has (have) not completed all requirements of CIPA for this funding year. ( C ) The Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) , does not apply because the recipient(s) of service represented in the Funding Request Number(s) on this Form 486 is (are) receiving discount services only for telecommunications services. ( 3 ) Certifications required from consortia members and billed entities for consortia. ( i ) The billed entity of a consortium, as defined in paragraph (a)(3) of this section, other than one requesting only discounts on telecommunications services for consortium members, must collect from the authority for each of its school and library members, one of the following signed certifications on FCC Form 479 (“Certification to Consortium Leader of Compliance with the Children's Internet Protection Act”), which must be submitted to the billed entity consistent with paragraph (c)(1) or paragraph (c)(2) of this section: ( A ) The recipient(s) of service under my administrative authority and represented in the Funding Request Number(s) for which you have requested or received Funding Commitments has (have) complied with the requirements of the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) . ( B ) Pursuant to the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) , the recipient(s) of service under my administrative authority and represented in the Funding Request Number(s) for which you have requested or received Funding Commitments, and for whom this is the first funding year in the federal universal service support mechanism for schools and libraries, is (are) undertaking such actions, including any necessary procurement procedures, to comply with the requirements of CIPA for the next funding year, but has (have) not completed all requirements of CIPA for this funding year. ( C ) The Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) , does not apply because the recipient(s) of service under my administrative authority and represented in the Funding Request Number(s) for which you have requested or received Funding Commitments is (are) receiving discount services only for telecommunications services; and ( ii ) The billed entity for a consortium, as defined in paragraph (a)(3) of this section, must make one of the following two certifications on FCC Form 486: “I certify as the Billed Entity for the consortium that I have collected duly completed and signed Forms 479 from all eligible members of the consortium.”; or I certify “as the Billed Entity for the consortium that the only services that I have been approved for discounts under the universal service support on behalf of eligible members of the consortium are telecommunications services, and therefore the requirements of the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) and (l) , do not apply.”; and ( iii ) The billed entity for a consortium, as defined in paragraph (a)(3) of this section, who filed an FCC Form 471 as a “consortium application” and who is also a recipient of services as a member of that consortium must select one of the certifications under paragraph (c)(3)(i) of this section on FCC Form 486. ( 4 ) Local determination of content. A determination regarding matter inappropriate for minors shall be made by the school board, local educational agency, library, or other authority responsible for making the determination. No agency or instrumentality of the United States Government may establish criteria for making such determination; review the determination made by the certifying school, school board, school district, local educational agency, library, or other authority; or consider the criteria employed by the certifying school, school board, school district, local educational agency, library, or other authority in the administration of the schools and libraries universal service support mechanism. ( 5 ) Availability for review. Each Internet safety policy adopted pursuant to 47 U.S.C. 254(l) shall be made available to the Commission, upon request from the Commission, by the school, school board, school district, local educational agency, library, or other authority responsible for adopting such Internet safety policy for purposes of the review of such Internet safety policy by the Commission. ( d ) Failure to provide certifications — ( 1 ) Schools and libraries. A school or library that knowingly fails to submit certifications as required by this section, shall not be eligible for discount services under the federal universal service support mechanism for schools and libraries until such certifications are submitted. ( 2 ) Consortia. A billed entity's knowing failure to collect the required certifications from its eligible school and library members or knowing failure to certify that it collected the required certifications shall render the entire consortium ineligible for discounts under the federal universal service support mechanism for school and libraries. ( 3 ) Reestablishing eligibility. At any time, a school or library deemed ineligible for discount services under the federal universal service support mechanism for schools and libraries because of failure to submit certifications required by this section, may reestablish eligibility for discounts by providing the required certifications to the Administrator and the Commission. ( e ) Failure to comply with the certifications — ( 1 ) Schools and libraries. A school or library that knowingly fails to ensure the use of computers in accordance with the certifications required by this section, must reimburse any funds and discounts received under the federal universal service support mechanism for schools and libraries for the period in which there was noncompliance. ( 2 ) Consortia. In the case of consortium applications, the eligibility for discounts of consortium members who ensure the use of computers in accordance with the certification requirements of this section shall not be affected by the failure of other school or library consortium members to ensure the use of computers in accordance with such requirements. ( 3 ) Reestablishing compliance. At any time, a school or library deemed ineligible for discounts under the federal universal service support mechanism for schools and libraries for failure to ensure the use of computers in accordance with the certification requirements of this section and that has been directed to reimburse the program for discounts received during the period of noncompliance, may reestablish compliance by ensuring the use of its computers in accordance with the certification requirements under this section. Upon submittal to the Commission of a certification or other appropriate evidence of such remedy, the school or library shall be eligible for discounts under the universal service mechanism. ( f ) Waivers based on state or local procurement rules and regulations and competitive bidding requirements. Waivers shall be granted to schools and libraries when the authority responsible for making the certifications required by this section, cannot make the required certifications because its state or local procurement rules or regulations or competitive bidding requirements, prevent the making of the certification otherwise required. The waiver shall be granted upon the provision, by the authority responsible for making the certifications on behalf of schools or libraries, that the schools or libraries will be brought into compliance with the requirements of this section, for schools, before the start of the third program year after April 20, 2001 in which the school is applying for funds under this title, and, for libraries, before the start of Funding Year 2005 or the third program year after April 20, 2001, whichever is later. ( g ) Funding year certification deadlines. For Funding Year 2003 and for subsequent funding years, billed entities shall provide one of the certifications required under paragraph (c)(1) , (c)(2) or (c)(3) of this section on an FCC Form 486 in accordance with the existing program guidelines established by the Administrator. ( h ) Public notice; hearing or meeting. A school or library shall provide reasonable public notice and hold at least one public hearing or meeting to address the proposed Internet safety policy. [ 66 FR 19396 , Apr. 16, 2001; 66 FR 22133 , May 3, 2001, as amended at 67 FR 50603 , Aug. 5, 2002; 68 FR 47255 , Aug. 8, 2003; 76 FR 56303 , Sept. 13, 2011] § 54.522 [Reserved] § 54.523 Payment for the non-discount portion of supported services. An eligible school, library, or consortium must pay the non-discount portion of services or products purchased with universal service discounts. An eligible school, library, or consortium may not receive rebates for services or products purchased with universal service discounts. For the purpose of this rule, the provision, by the provider of a supported service, of free services or products unrelated to the supported service or product constitutes a rebate of the non-discount portion of the supported services. [ 69 FR 6192 , Feb. 10, 2004] Subpart G—Universal Service for Rural Health Care Program Source: 84 FR 54979 , Oct. 11, 2019, unless otherwise noted. § 54.600 Terms and definitions. As used in this subpart, the following terms shall be defined as follows: ( a ) Funding year. A “funding year” for purposes of the funding cap shall be the period between July 1 of the current calendar year through June 30 of the next calendar year. ( b ) Health care provider. A “health care provider” is any: ( 1 ) Post-secondary educational institution offering health care instruction, including a teaching hospital or medical school; ( 2 ) Community health center or health center providing health care to migrants; ( 3 ) Local health department or agency; ( 4 ) Community mental health center; ( 5 ) Not-for-profit hospital; ( 6 ) Rural health clinic; ( 7 ) Skilled nursing facility (as defined in section 395i-3(a) of Title 42); or a ( 8 ) Consortium of health care providers consisting of one or more entities described in paragraphs (b)(1) through (7) in this section. ( c ) Off-site administrative office. An “off-site administrative office” is a facility that does not provide hands-on delivery of patient care but performs administrative support functions that are critical to the provision of clinical care by eligible health care providers. ( d ) Off-site data center. An “off-site data center” is a facility that serves as a centralized repository for the storage, management, and dissemination of an eligible health care provider's computer systems, associated components, and data, including (but not limited to) electronic health records. ( e ) Rural area. A “rural area” is an area that is entirely outside of a Core Based Statistical Area; is within a Core Based Statistical Area that does not have any Urban Area with a population of 25,000 or greater; or is in a Core Based Statistical Area that contains an Urban Area with a population of 25,000 or greater, but is within a specific census tract that itself does not contain any part of a Place or Urban Area with a population of greater than 25,000. For purposes of this rule, “Core Based Statistical Area,” “Urban Area,” and “Place” are as identified by the Census Bureau. ( f ) Rural health care provider. A “rural health care provider” is an eligible health care provider site located in a rural area. ( g ) Urbanized area. An “urbanized area” is an area with 50,000 or more people as designated by the Census Bureau based on the most recent decennial Census. § 54.601 Health care provider eligibility. Cross Reference Link to an amendment published at 89 FR 1845 , Jan. 11, 2024. ( a ) Eligible health care providers. ( 1 ) Only an entity that is either a public or non-profit health care provider, as defined in this subpart, shall be eligible to receive support under this subpart. ( 2 ) Each separate site or location of a health care provider shall be considered an individual health care provider for purposes of calculating and limiting support under this subpart. ( b ) Determination of health care provider eligibility for the Healthcare Connect Fund Program. Health care providers in the Healthcare Connect Fund Program may certify to the eligibility of particular sites at any time prior to, or concurrently with, filing a request for services to initiate competitive bidding for the site. Applicants who utilize a competitive bidding exemption must provide eligibility information for the site to the Administrator prior to, or concurrently with, filing a request for funding for the site. Health care providers must also notify the Administrator within 30 days of a change in the health care provider's name, site location, contact information, or eligible entity type. Effective Date Note Effective Date Note: At 89 FR 1845 , Jan. 11, 2024, § 54.601 was amended by revising paragraph (b) and adding paragraph (c), however this paragraph is delayed indefinitely. § 54.602 Health care support mechanism. ( a ) Telecommunications Program. Eligible rural health care providers may request support for the difference, if any, between the urban and rural rates for telecommunications services, subject to the provisions and limitations set forth in §§ 54.600 through 54.602 and 54.603 through 54.606 . This support is referred to as the “Telecommunications Program.” ( b ) Healthcare Connect Fund Program. Eligible health care providers may request support for eligible services, equipment, and infrastructure, subject to the provisions and limitations set forth in §§ 54.600 through 54.602 and 54.607 through 54.618 . This support is referred to as the “Healthcare Connect Fund Program.” ( c ) Allocation of discounts. An eligible health care provider that engages in both eligible and ineligible activities or that collocates with an ineligible entity shall allocate eligible and ineligible activities in order to receive prorated support for the eligible activities only. Health care providers shall choose a method of cost allocation that is based on objective criteria and reasonably reflects the eligible usage of the facilities. ( d ) Health care purposes. Services for which eligible health care providers receive support from the Telecommunications Program or the Healthcare Connect Fund Program must be reasonably related to the provision of health care services or instruction that the health care provider is legally authorized to provide under the law in the state in which such health care services or instruction are provided. Telecommunications Program § 54.603 Consortia, telecommunications services, and existing contracts. ( a ) Consortia. ( 1 ) Under the Telecommunications Program, an eligible health care provider may join a consortium with other eligible health care providers; with schools, libraries, and library consortia eligible under subpart F of this part ; and with public sector (governmental) entities to order telecommunications services. With one exception, eligible health care providers participating in consortia with ineligible private sector members shall not be eligible for supported services under this subpart. A consortium may include ineligible private sector entities if such consortium is only receiving services at tariffed rates or at market rates from those providers who do not file tariffs. ( 2 ) For consortia, universal service support under the Telecommunications Program shall apply only to the portion of eligible services used by an eligible health care provider. ( b ) Telecommunications services. Any telecommunications service that is the subject of a properly completed bona fide request by a rural health care provider shall be eligible for universal service support. Upon submitting a bona fide request to a telecommunications carrier, each eligible rural health care provider is entitled to receive the most cost-effective, commercially-available telecommunications service, and a telecommunications service carrier that is eligible for support under the Telecommunications Program shall provide such service at the urban rate, as defined in § 54.604 . ( c ) Existing contracts. A signed contract for services eligible for Telecommunications Program support pursuant to this subpart between an eligible health care provider, as defined under § 54.600 , and a service provider shall be exempt from the competitive bid requirements as set forth in § 54.622(i) . § 54.604 Determining the urban rate. ( a ) Effective funding year 2024: ( 1 ) If a rural health care provider requests support for an eligible service to be funded from the Telecommunications Program that is to be provided over a distance that is less than or equal to the “standard urban distance,” as defined in paragraph (a)(3) of this section, for the state in which it is located, the “urban rate” for that service shall be a rate no higher than the highest tariffed or publicly-available rate charged to a commercial customer for a functionally similar service in any city with a population of 50,000 or more in that state, calculated as if it were provided between two points within the city. ( 2 ) If a rural health care provider requests an eligible service to be provided over a distance that is greater than the “standard urban distance,” as defined in paragraph (a)(3) of this section, for the state in which it is located, the urban rate for that service shall be a rate no higher than the highest tariffed or publicly-available rate charged to a commercial customer for a functionally similar service provided over the standard urban distance in any city with a population of 50,000 or more in that state, calculated as if the service were provided between two points within the city. ( 3 ) The “standard urban distance” for a state is the average of the longest diameters of all cities with a population of 50,000 or more within the state. ( 4 ) The Administrator shall calculate the “standard urban distance” and shall post the “standard urban distance” and the maximum supported distance for each state on its website. ( b ) As of funding year 2025, if a rural health care provider requests support for an eligible service to be funded from the Telecommunications Program the “urban rate” for that service shall be a rate no higher than the highest tariffed or publicly-available rate charged to a commercial customer for a functionally similar service in any city with a population of 50,000 or more in that state, calculated as if it were provided between two points within the city. [ 89 FR 1845 , Jan. 11, 2024] § 54.605 Determining the rural rate. ( a ) Effective funding year 2024, the rural rate shall be the average of the rates actually being charged to commercial customers, other than health care providers, for identical or similar services provided by the telecommunications carrier providing the service in the rural area in which the health care provider is located. The rates included in this average shall be for services provided over the same distance as the eligible service. The rates averaged to calculate the rural rate must not include any rates reduced by universal service support mechanisms. The “rural rate” shall be used as described in this subpart to determine the credit or reimbursement due to a telecommunications carrier that provides eligible telecommunications services to eligible health care providers. ( b ) If the telecommunications carrier serving the health care provider is not providing any identical or similar services in the rural area, then the rural rate shall be the average of the tariffed and other publicly available rates, not including any rates reduced by universal service programs, charged for the same or similar services in that rural area over the same distance as the eligible service by other carriers. If there are no tariffed or publicly available rates for such services in that rural area, or if the carrier reasonably determines that this method for calculating the rural rate is unfair, then the carrier shall submit for the state commission's approval, for intrastate rates, or for the Commission's approval, for interstate rates, a cost-based rate for the provision of the service in the most economically efficient, reasonably available manner. ( 1 ) The carrier must provide, to the state commission, for intrastate rates, or to the Commission, for interstate rates, a justification of the proposed rural rate, including an itemization of the costs of providing the requested service. ( 2 ) The carrier must provide such information periodically thereafter as required, by the state commission for intrastate rates or the Commission for interstate rates. In doing so, the carrier much take into account anticipated and actual demand for telecommunications services by all customers who will use the facilities over which services are being provided to eligible health care providers. [ 88 FR 17395 , Mar. 23, 2023] § 54.606 Calculating support. ( a ) The amount of universal service support provided for an eligible service to be funded from the Telecommunications program shall be the difference, if any, between the urban rate and the rural rate charged for the services, as defined in this section. In addition, all reasonable charges that are incurred by taking such services, such as state and federal taxes, shall be eligible for universal service support. Charges for termination liability, penalty surcharges, and other charges not included in the cost of taking such service shall not be covered by the universal service support mechanisms. ( b ) The universal service support mechanisms shall provide support for intrastate telecommunications services, as set forth in § 54.101(a) , provided to rural health care providers as well as interstate telecommunications services. ( c ) Mobile rural health care providers — ( 1 ) Calculation of support. The support amount allowed under the Telecommunications Program for satellite services provided to mobile rural health care providers is calculated by comparing the rate for the satellite service to the rate for an urban wireline service with a similar bandwidth. Support for satellite services shall not be capped at an amount of a functionally similar wireline alternative. Where the mobile rural health care provider provides service in more than one state, the calculation shall be based on the urban areas in each state, proportional to the number of locations served in each state. ( 2 ) Documentation of support. ( i ) Mobile rural health care providers shall provide to the Administrator documentation of the price of bandwidth equivalent wireline services in the urban area in the state or states where the service is provided. Mobile rural health care providers shall provide to the Administrator the number of sites the mobile health care provider will serve during the funding year. ( ii ) Where a mobile rural health care provider serves less than eight different sites per year, the mobile rural health care provider shall provide to the Administrator documentation of the price of bandwidth equivalent wireline services. In such case, the Administrator shall determine on a case-by-case basis whether the telecommunications service selected by the mobile rural health care provider is the most cost-effective option. Where a mobile rural health care provider seeks a more expensive satellite-based service when a less expensive wireline alternative is most cost-effective, the mobile rural health care provider shall be responsible for the additional cost. Healthcare Connect Fund Program § 54.607 Eligible recipients. ( a ) Rural health care provider site—individual and consortium. Under the Healthcare Connect Fund Program, an eligible rural health care provider may receive universal service support by applying individually or through a consortium. For purposes of the Healthcare Connect Fund Program, a “consortium” is a group of two or more health care provider sites that request support through a single application. Consortia may include health care providers who are not eligible for support under the Healthcare Connect Fund Program, but such health care providers cannot receive support for their expenses and must participate pursuant to the cost allocation guidelines in § 54.617(d) . ( b ) Limitation on participation of non-rural health care provider sites in a consortium. An eligible non-rural health care provider site may receive universal service support only as part of a consortium that includes more than 50 percent eligible rural health care provider sites. The majority-rural consortia percentage requirement will increase by 5 percent for the following funding year (up to a maximum of 75 percent) if the Commission must prioritize funding for a given year because Rural Health Care Program demand exceeds the funding cap. ( c ) Limitation on large non-rural hospitals. Each eligible non-rural public or non-profit hospital site with 400 or more licensed patient beds may receive no more than $30,000 per year in Healthcare Connect Fund Program support for eligible recurring charges and no more than $70,000 in Healthcare Connect Fund Program support every five years for eligible nonrecurring charges, exclusive in both cases of costs shared by the network. § 54.608 Eligible service providers. For purposes of the Healthcare Connect Fund Program, eligible service providers shall include any provider of equipment, facilities, or services that is eligible for support under the Healthcare Connect Fund Program. § 54.609 Designation of Consortium Leader. ( a ) Identifying a Consortium Leader. Each consortium seeking support under the Healthcare Connect Fund Program must identify an entity or organization that will lead the consortium (the “Consortium Leader”). ( b ) Consortium Leader eligibility. The Consortium Leader may be the consortium itself (if it is a distinct legal entity); an eligible health care provider participating in the consortium; or a state organization, public sector (governmental) entity (including a Tribal government entity), or non-profit entity that is ineligible for Healthcare Connect Fund Program support. Ineligible state organizations, public sector entities, or non-profit entities may serve as Consortium Leaders or provide consulting assistance to consortia only if they do not participate as potential service providers during the competitive bidding process. An ineligible entity that serves as the Consortium Leader must pass on the full value of any discounts, funding, or other program benefits secured to the consortium members that are eligible health care providers. ( c ) Consortium Leader responsibilities. The Consortium Leader's responsibilities include the following: ( 1 ) Legal and financial responsibility for supported activities. The Consortium Leader is the legally and financially responsible entity for the activities supported by the Healthcare Connect Fund Program. By default, the Consortium Leader is the responsible entity if audits or other investigations by Administrator or the Commission reveal violations of the Act or Commission rules, with individual consortium members being jointly and severally liable if the Consortium Leader dissolves, files for bankruptcy, or otherwise fails to meet its obligations. Except for the responsibilities specifically described in paragraphs (c)(2) through (6) in this section, consortia may allocate legal and financial responsibility as they see fit, provided that this allocation is memorialized in a formal written agreement between the affected parties ( i.e., the Consortium Leader, and the consortium as a whole and/or its individual members), and the written agreement is submitted to the Administrator for approval with, or prior to, the request for services. Any such agreement must clearly identify the party(ies) responsible for repayment if the Administrator, at a later date, seeks to recover disbursements of support to the consortium due to violations of program rules. ( 2 ) Point of contact for the FCC and Administrator. The Consortium Leader is responsible for designating an individual who will be the “Project Coordinator” and serve as the point of contact with the Commission and the Administrator for all matters related to the consortium. The Consortium Leader is responsible for responding to Commission and Administrator inquiries on behalf of the consortium members throughout the application, funding, invoicing, and post-invoicing period. ( 3 ) Typical applicant functions, including forms and certifications. The Consortium Leader is responsible for submitting program forms and required documentation and ensuring that all information and certifications submitted are true and correct. The Consortium Leader must also collect and retain a Letter of Agency (LOA) from each member, pursuant to § 54.610 . ( 4 ) Competitive bidding and cost allocation. The Consortium Leader is responsible for ensuring that the competitive bidding process is fair and open and otherwise complies with Commission requirements. If costs are shared by both eligible and ineligible entities, the Consortium Leader must ensure that costs are allocated in a manner that ensures that only eligible entities receive the benefit of program discounts. ( 5 ) Invoicing. The Consortium Leader is responsible for notifying the Administrator when supported services have commenced and for submitting invoices to the Administrator. ( 6 ) Recordkeeping, site visits, and audits. The Consortium Leader is also responsible for compliance with the Commission's recordkeeping requirements and for coordinating site visits and audits for all consortium members. § 54.610 Letters of agency (LOA). ( a ) Authorizations. Under the Healthcare Connect Fund Program, the Consortium Leader must obtain the following authorizations: ( 1 ) Prior to the submission of the request for services, the Consortium Leader must obtain authorization, the necessary certifications, and any supporting documentation from each consortium member to permit the Consortium Leader to submit the request for services and prepare and post the request for proposal on behalf of the member. ( 2 ) Prior to the submission of the funding request, the Consortium Leader must secure authorization, the necessary certifications, and any supporting documentation from each consortium member to permit the Consortium Leader to submit the funding request and manage invoicing and payments on behalf of the member. ( b ) Optional two-step process. The Consortium Leader may secure both required authorizations from each consortium member in either a single LOA or in two separate LOAs. ( c ) Required information in a LOA. ( 1 ) An LOA must include, at a minimum, the name of the entity filing the application ( i.e., lead applicant or Consortium Leader); the name of the entity authorizing the filing of the application ( i.e., the participating health care provider/consortium member); the physical location of the health care provider/consortium member site(s); the relationship of each site seeking support to the lead entity filing the application; the specific timeframe the LOA covers; the signature, title and contact information (including phone number, mailing address, and email address) of an official who is authorized to act on behalf of the health care provider/consortium member; the signature date; and the type of services covered by the LOA. ( 2 ) For health care providers located on Tribal lands, if the health care facility is a contract facility that is run solely by the tribe, the appropriate Tribal leader, such as the Tribal chairperson, president, or governor, shall also sign the LOA, unless the health care responsibilities have been duly delegated to another Tribal government representative. § 54.611 Health care provider contribution. ( a ) Health care provider contribution. All health care providers receiving support under the Healthcare Connect Fund Program shall receive a 65 percent discount on the cost of eligible expenses and shall be required to contribute 35 percent of the total cost of all eligible expenses. ( b ) Limits on eligible sources of health care provider contribution. Only funds from eligible sources may be applied toward the health care provider's required contribution. ( 1 ) Eligible sources include the applicant or eligible health care provider participants; state grants, appropriations, or other sources of state funding; federal grants, loans, appropriations except for other federal universal service funding, or other sources of federal funding; Tribal government funding; and other grants, including private grants. ( 2 ) Ineligible sources include (but are not limited to) in-kind or implied contributions from health care providers; direct payments from service providers, including contractors and consultants to such entities; and for-profit entities. ( c ) Disclosure of health care provider contribution source. Prior to receiving support, applicants are required to identify with specificity their sources of funding for their contribution of eligible expenses. ( d ) Future revenues from excess capacity as source of health care provider contribution. A consortium applicant that receives support for participant-owned network facilities under § 54.614 may use future revenues from excess capacity as a source for the required health care provider contribution, subject to the following limitations: ( 1 ) The consortium's selection criteria and evaluation for “cost-effectiveness,” pursuant to § 54.622(g)(1) , cannot provide a preference to bidders that offer to construct excess capacity; ( 2 ) The applicant must pay the full amount of the additional costs for excess capacity facilities that will not be part of the supported health care network; ( 3 ) The additional cost of constructing excess capacity facilities may not count toward a health care provider's required contribution; ( 4 ) The inclusion of excess capacity facilities cannot increase the funded cost of the dedicated health care network in any way; ( 5 ) An eligible health care provider (typically the consortium, although it may be an individual health care provider participating in the consortium) must retain ownership of the excess capacity facilities. It may make the facilities available to third parties only under an indefeasible right of use (IRU) or lease arrangement. The lease or IRU between the participant and the third party must be an arm's length transaction. To ensure that this is an arm's length transaction, neither the service provider that installs the excess capacity facilities nor its affiliate is eligible to enter into an IRU or lease with the participant; ( 6 ) Any amount prepaid for use of the excess capacity facilities (IRU or lease) must be placed in an escrow account. The participant can then use the escrow account as an eligible source of funds for the participant's 35 percent contribution to the project; and ( 7 ) All revenues from use of the excess capacity facilities by the third party must be used for the health care provider contribution or for the sustainability of the health care network supported by the Healthcare Connect Fund Program. Network costs that may be funded with any additional revenues that remain will include: Administration costs, equipment, software, legal fees, or other costs not covered by the Healthcare Connect Fund Program, as long as they are relevant to sustaining the network. § 54.612 Eligible services. ( a ) Eligible services. Subject to the provisions of §§ 54.600 through 54.602 and 54.607 through 54.633 , eligible health care providers may request support under the Healthcare Connect Fund Program for any advanced telecommunications or information service that enables health care providers to post their own data, interact with stored data, generate new data, or communicate, by providing connectivity over private dedicated networks or the public internet for the provision of health information technology. ( b ) Eligibility of dark fiber. A consortium of eligible health care providers may receive support for “dark” fiber where the customer, not the service provider, provides the modulating electronics, subject to the following limitations: ( 1 ) Support for recurring charges associated with dark fiber is only available once the dark fiber is “lit” and actually being used by the health care provider. Support for non-recurring charges for dark fiber is only available for fiber lit within the same funding year, but applicants may receive up to a one-year extension to light fiber, consistent with § 54.626(b) , if they provide documentation to the Administrator that construction was unavoidably delayed due to weather or other reasons. ( 2 ) Requests for proposals that solicit dark fiber solutions must also solicit proposals to provide the needed services over lit fiber over a time period comparable to the duration of the dark fiber lease or indefeasible right of use. ( 3 ) If an applicant intends to request support for equipment and maintenance costs associated with lighting and operating dark fiber, it must include such elements in the same request for proposal as the dark fiber so that the Administrator can review all costs associated with the fiber when determining whether the applicant chose the most cost-effective bid. ( c ) Dark and lit fiber maintenance costs. ( 1 ) Both individual and consortium applicants may receive support for recurring maintenance costs associated with leases of dark or lit fiber. ( 2 ) Consortium applicants may receive support for upfront payments for maintenance costs associated with leases of dark or lit fiber, subject to the limitations in § 54.616 . ( d ) Reasonable and customary installation charges. Eligible health care providers may obtain support for reasonable and customary installation charges for eligible services, up to an undiscounted cost of $5,000 per eligible site. ( e ) Upfront charges for service provider deployment of new or upgraded facilities. ( 1 ) Participants may obtain support for upfront charges for service provider deployment of new or upgraded facilities to serve eligible sites. ( 2 ) Support is available to extend service provider deployment of facilities up to the “demarcation point,” which is the boundary between facilities owned or controlled by the service provider, and facilities owned or controlled by the customer. § 54.613 Eligible equipment. ( a ) Both individual and consortium applicants may receive support for network equipment necessary to make functional an eligible service supported under the Healthcare Connect Fund Program. ( b ) Consortium applicants may also receive support for network equipment necessary to manage, control, or maintain an eligible service or a dedicated health care broadband network. Support for network equipment is not available for networks that are not dedicated to health care. ( c ) Network equipment eligible for support includes the following: ( 1 ) Equipment that terminates a carrier's or other provider's transmission facility and any router/switch that is directly connected to either the facility or the terminating equipment. This includes equipment required to light dark fiber, or equipment necessary to connect dedicated health care broadband networks or individual health care providers to middle mile or backbone networks; ( 2 ) Computers, including servers, and related hardware ( e.g., printers, scanners, laptops) that are used exclusively for network management; ( 3 ) Software used for network management, maintenance, or other network operations, and development of software that supports network management, maintenance, and other network operations; ( 4 ) Costs of engineering, furnishing ( i.e., as delivered from the manufacturer), and installing network equipment; and ( 5 ) Equipment that is a necessary part of health care provider-owned network facilities. ( d ) Additional limitations: Support for network equipment is limited to equipment: ( 1 ) Purchased or leased by a Consortium Leader or eligible health care provider; and ( 2 ) Used for health care purposes. § 54.614 Eligible participant-constructed and owned network facilities for consortium applicants. ( a ) Subject to the funding limitations of this subsection and the following restrictions, consortium applicants may receive support for network facilities that will be constructed and owned by the consortium (if the consortium is an eligible health care provider) or eligible health care providers within the consortium. Subject to the funding limitations under §§ 54.616 and 54.619 and the following restrictions, consortium applicants may receive support for network facilities that will be constructed and owned by the consortium (if the consortium is an eligible health care provider) or eligible health care providers within the consortium. ( 1 ) Consortia seeking support to construct and own network facilities are required to solicit bids for both: ( i ) Services provided over third-party networks; and ( ii ) Construction of participant-owned network facilities, in the same request for proposals. Requests for proposals must provide sufficient detail so that cost-effectiveness can be evaluated over the useful life of the proposed network facility to be constructed. ( 2 ) Support for participant-constructed and owned network facilities is only available where the consortium demonstrates that constructing its own network facilities is the most cost-effective option after competitive bidding, pursuant to § 54.622(g)(1) . ( b ) [Reserved] § 54.615 Off-site data centers and off-site administrative offices. ( a ) The connections and network equipment associated with off-site data centers and off-site administrative offices used by eligible health care providers for their health care purposes are eligible for support under the Healthcare Connect Fund Program, subject to the conditions and restrictions set forth in paragraph (b) in this section. ( b ) Conditions and restrictions. The following conditions and restrictions apply to support provided under this section. ( 1 ) Connections eligible for support are only those that are between: ( i ) Eligible health care provider sites and off-site data centers or off-site administrative offices; ( ii ) Two off-site data centers; ( iii ) Two off-site administrative offices; ( iv ) An off-site data center and the public internet or another network; ( v ) An off-site administrative office and the public internet or another network; or ( vi ) An off-site administrative office and an off-site data center. ( 2 ) The supported connections and network equipment must be used solely for health care purposes. ( 3 ) The supported connections and network equipment must be purchased by an eligible health care provider or a public or non-profit health care system that owns and operates eligible health care provider sites. ( 4 ) If traffic associated with one or more ineligible health care provider sites is carried by the supported connection and/or network equipment, the ineligible health care provider sites must allocate the cost of that connection and/or equipment between eligible and ineligible sites, consistent with the “fair share” principles set forth in § 54.617(d)(1) . § 54.616 Upfront payments. ( a ) Upfront payments include all non-recurring costs for services, equipment, or facilities, other than reasonable and customary installation charges of up to $5,000. ( b ) The following limitations apply to all upfront payments: ( 1 ) Upfront payments associated with services providing a bandwidth of less than 1.5 Mbps (symmetrical) are not eligible for support; and ( 2 ) Only consortium applicants are eligible for support for upfront payments. ( c ) The following limitations apply if a consortium makes a request for support for upfront payments that exceeds, on average, $50,000 per eligible site in the consortium: ( 1 ) The support for the upfront payments must be prorated over at least three years; and ( 2 ) The upfront payments must be part of a multi-year contract. § 54.617 Ineligible expenses. ( a ) Equipment or services not directly associated with eligible services. Expenses associated with equipment or services that are not necessary to make an eligible service functional, or to manage, control, or maintain an eligible service or a dedicated health care broadband network are ineligible for support. For purposes of paragraph (a) of this section, examples of ineligible expenses include: ( 1 ) Costs associated with general computing, software, applications, and internet content development are not supported, including the following: ( i ) Computers, including servers, and related hardware ( e.g., printers, scanners, laptops), unless used exclusively for network management, maintenance, or other network operations; ( ii ) End user wireless devices, such as smartphones and tablets; ( iii ) Software, unless used for network management, maintenance, or other network operations; ( iv ) Software development (excluding development of software that supports network management, maintenance, and other network operations); ( v ) Helpdesk equipment and related software, or services, unless used exclusively in support of eligible services or equipment; ( vi ) Web server hosting; ( vii ) website portal development; ( viii ) Video/audio/web conferencing equipment or services; and ( ix ) Continuous power source. ( 2 ) Costs associated with medical equipment (hardware and software), and other general health care provider expenses are not supported, including the following: ( i ) Clinical or medical equipment; ( ii ) Telemedicine equipment, applications, and software; ( iii ) Training for use of telemedicine equipment; ( iv ) Electronic medical records systems; and ( v ) Electronic records management and expenses. ( b ) Inside wiring/internal connections. Expenses associated with inside wiring or internal connections are ineligible for support under the Healthcare Connect Fund Program. ( c ) Administrative expenses. Administrative expenses are not eligible for support under the Healthcare Connect Fund Program. For purposes of paragraph (c) of this section, ineligible administrative expenses include, but are not limited to, the following expenses: ( 1 ) Personnel costs (including salaries and fringe benefits), except for personnel expenses in a consortium application that directly relate to designing, engineering, installing, constructing, and managing a dedicated broadband network. Ineligible costs of this category include, for example, personnel to perform program management and coordination, program administration, and marketing; ( 2 ) Travel costs, except for travel costs that are reasonable and necessary for network design or deployment and that are specifically identified and justified as part of a competitive bid for a construction project; ( 3 ) Legal costs; ( 4 ) Training, except for basic training or instruction directly related to and required for broadband network installation and associated network operations; ( 5 ) Program administration or technical coordination ( e.g., preparing application materials, obtaining letters of agency, preparing requests for proposals, negotiating with service providers, reviewing bids, and working with the Administrator) that involves anything other than the design, engineering, operations, installation, or construction of the network; ( 6 ) Administration and marketing costs ( e.g., administrative costs; supplies and materials, except as part of network installation/construction; marketing studies, marketing activities, or outreach to potential network members; and evaluation and feedback studies); ( 7 ) Billing expenses ( e.g., expenses that service providers may charge for allocating costs to each health care provider in a network); ( 8 ) Helpdesk expenses ( e.g., equipment and related software, or services); and ( 9 ) Technical support services that provide more than basic maintenance. ( d ) Cost allocation for ineligible sites, services, or equipment. ( 1 ) Ineligible sites. Eligible health care provider sites may share expenses with ineligible sites, as long as the ineligible sites pay their fair share of the expenses. An applicant may seek support for only the portion of a shared eligible expense attributable to eligible health care provider sites. To receive support, the applicant must ensure that ineligible sites pay their fair share of the expense. The fair share is determined as follows: ( i ) If the service provider charges a separate and independent price for each site, an ineligible site must pay the full undiscounted price. ( ii ) If there is no separate and independent price for each site, the applicant must prorate the undiscounted price for the “shared” service, equipment, or facility between eligible and ineligible sites on a proportional fully-distributed basis. Applicants must make this cost allocation using a method that is based on objective criteria and reasonably reflects the eligible usage of the shared service, equipment, or facility. The applicant bears the burden of demonstrating the reasonableness of the allocation method chosen. ( 2 ) Ineligible components of a single service or piece of equipment. Applicants seeking support for a service or piece of equipment that includes an ineligible component must explicitly request in their requests for proposals that service providers include pricing for a comparable service or piece of equipment that is comprised of only eligible components. If the selected service provider also submits a price for the eligible component on a stand-alone basis, the support amount is calculated based on the stand-alone price of the eligible component. If the service provider does not offer the eligible component on a stand-alone basis, the full price of the entire service or piece of equipment must be taken into account, without regard to the value of the ineligible components, when determining the most cost-effective bid. ( 3 ) Written description. Applicants must submit a written description of their allocation method(s) to the Administrator with their funding requests. ( 4 ) Written agreement. If ineligible entities participate in a network, the allocation method must be memorialized in writing, such as a formal agreement among network members, a master services contract, or for smaller consortia, a letter signed and dated by all (or each) ineligible entity and the Consortium Leader. § 54.618 Data collection and reporting. ( a ) Each applicant must file an annual report with the Administrator on or before September 30 for the preceding funding year, with the information and in the form specified by the Wireline Competition Bureau. ( b ) Each applicant must file an annual report for each funding year in which it receives support from the Healthcare Connect Fund Program. ( c ) For consortia that receive large upfront payments, the reporting requirement extends for the life of the supported facility. General Provisions § 54.619 Cap. ( a ) Amount of the annual cap. The aggregate annual cap on Federal universal service support for health care providers shall be $571 million per funding year. When total demand during a filing window period exceeds the total remaining support available for the funding year, an internal cap of $150 million per funding year for upfront payments and multi-year commitments under the Healthcare Connect Fund Program shall apply. ( 1 ) Inflation increase. In funding year 2018 and subsequent funding years, the $571 million cap on federal universal support in the Rural Health Care Program shall be increased annually to take into account increases in the rate of inflation as calculated in paragraph (a)(2) in this section. In funding year 2020 and subsequent funding years, the $150 million cap on multi-year commitments and upfront payments in the Healthcare Connect Fund Program shall also be increased annually to take into account increases in the rate of inflation as calculated in paragraph (a)(2) in this section. ( 2 ) Increase calculation. To measure increases in the rate of inflation for the purposes of paragraph (a)(1) in this section, the Commission shall use the Gross Domestic Product Chain-type Price Index (GDP-CPI). To compute the annual increase as required by paragraph (a)(1) in this section, the percentage increase in the GDP-CPI from the previous year will be used. For instance, the annual increase in the GDP-CPI from 2017 to 2018 would be used for the 2018 funding year. The increase shall be rounded to the nearest 0.1 percent by rounding 0.05 percent and above to the next higher 0.1 percent. This percentage increase shall be added to the amount of the annual Rural Health Care Program funding cap and the internal cap on multi-year commitments and upfront payments in the Healthcare Connect Fund Program from the previous funding year. If the yearly average GDP-CPI decreases or stays the same, the annual Rural Health Care Program funding cap and the internal cap on multi-year commitments and upfront payments in the Healthcare Connect Fund Program shall remain the same as the previous year. ( 3 ) Public notice. After calculating the annual Rural Health Care Program funding cap and the internal cap on multi-year commitments and upfront payments in the Healthcare Connect Fund Program based on the GDP-CPI, the Wireline Competition Bureau shall publish a public notice in the Federal Register within 60 days announcing any increase of the annual funding cap based on the rate of inflation. ( 4 ) Amount of unused funds. All unused collected funds shall be carried forward into subsequent funding years for use in the Rural Health Care Program in accordance with the public interest and notwithstanding the annual cap. The Administrator, on a quarterly basis, shall report to the Commission on unused Rural Health Care Program funding from prior years. ( 5 ) Application of unused funds. On an annual basis, in the second quarter of each calendar year, all unused collected funds from prior years shall be available for use in the next full funding year of the Rural Health Care Program notwithstanding the annual cap as described in paragraph (a) in this section. The Wireline Competition Bureau, in consultation with the Office of the Managing Director, shall determine the proportion of unused funding for use in the Rural Health Care Program in accordance with the public interest to either satisfy demand notwithstanding the annual cap, reduce collections for the Rural Health Care Program, or to hold in reserve to address contingencies for subsequent funding years. The Wireline Competition Bureau shall direct the Administrator to carry out the necessary actions for the use of available funds consistent with the direction specified in this section. ( b ) [Reserved] [ 84 FR 54979 , Oct. 11, 2019, as amended at 88 FR 17396 , Mar. 23, 2023] § 54.620 Annual filing requirements and commitments. ( a ) Annual filing requirement. Health care providers seeking support under the RHC Program shall file new funding requests for each funding year consistent with the filing periods established under this subpart, except for health care providers who have received a multi-year funding commitment in this section. ( b ) Long-term contracts. If health care providers enter into long-term contracts for eligible services, the Administrator shall only commit funds to cover the portion of such a long-term contract scheduled to be delivered during the funding year for which universal service support is sought, except for multi-year funding commitments as described in this section. ( c ) Multi-year commitments under the Healthcare Connect Fund Program. Participants in the Healthcare Connect Fund Program are permitted to enter into multi-year contracts for eligible expenses and may receive funding commitments from the Administrator for a period that covers up to three years of funding. If a long-term contract covers a period of more than three years, the applicant may also have the contract designated as “evergreen” under § 54.622(i)(3) , which will allow the applicant to re-apply for funding under the contract after three years without having to undergo additional competitive bidding. § 54.621 Filing window for requests and prioritization of support. ( a ) Filing window for requests. ( 1 ) The Administrator shall open an initial application filing window with an end date no later than 90 days prior to the start of the funding year ( i.e., no later than April 1). Prior to announcing the initial opening and closing dates, the Administrator shall seek the approval of the proposed dates from the Chief of the Wireline Competition Bureau. ( 2 ) The Administrator, after consultation with the Wireline Competition Bureau, may implement such additional filing periods as it deems necessary. To the extent that the Administrator opens an additional filing period, it shall provide notice and include in that notice or soon thereafter the amount of remaining available funding. ( 3 ) The Administrator shall treat all health care providers filing an application within a filing window period as if their applications were simultaneously received. All funding requests submitted outside of a filing window will not be accepted unless and until the Administrator opens another filing window. ( b ) Prioritization of support. The Administrator shall act in accordance with this section when a filing window period for the Telecommunications Program and the Healthcare Connect Fund Program, as described in paragraph (a) of this section, is in effect. When a filing period described in paragraph (a) of this section closes, the Administrator shall calculate the total demand for Telecommunications Program and Healthcare Connect Fund Program support submitted by all applicants during the filing window period. ( 1 ) Circumstances in which prioritization applies. If the total demand during the filing window period exceeds the total remaining support available for the funding year, prioritization will apply in the following circumstances: ( i ) Internal cap. If the internal cap is exceeded, the Administrator shall determine whether demand for upfront payments and the first year of multi-year commitments exceeds the internal cap. If such demand exceeds the internal cap, the Administrator shall not fund the second and third year of multi-year commitment requests and then apply the prioritization schedule in paragraph (b)(2) of this section to all eligible requests for upfront payments and the first-year of multi-year commitments to limit the demand for upfront payments and the first year of multi-year commitments within the internal cap. If demand for upfront payments and the first year of multi-year commitments does not exceed the internal cap, the Administrator shall apply the prioritization schedule in paragraph (b)(2) of this section to the second and third year of all eligible requests for multi-year commitments until the internal cap is reached, to ensure that the internal cap is not exceeded. ( ii ) Overall cap. If the internal cap is not exceeded or if, after demand for upfront payments and multi-year commitments is limited within the internal cap in paragraph (b)(1)(i) of this section, the total remaining demand still exceeds the total remaining support available for the funding year, the Administrator shall apply the prioritization schedule in paragraph (b)(2) of this section to all remaining eligible funding requests. ( 2 ) Application of prioritization schedule. When prioritization is necessary under paragraph (b)(1) of this section, the Administrator shall fully fund all applicable eligible requests falling under the first prioritization category of table 1 to this paragraph (b)(2) before funding requests in the next lower prioritization category. The Administrator shall continue to process all applicable requests by prioritization category until there are no applicable funds remaining. If there is insufficient funding to fully fund all requests in a particular prioritization category, then the Administrator will pro-rate the applicable remaining funding among all applicable eligible requests in that prioritization category only pursuant to the proration process described in paragraph (b)(3) of this section. Table 1 to Paragraph ( b )(2)—Prioritization Schedule Health care provider site is located in: In a medically underserved area/ population (MUA/P) Not in MUA/P Extremely Rural Tier (areas entirely outside of a Core Based Statistical Area) Priority 1 Priority 4. Rural Tier (areas within a Core Based Statistical Area that does not have an urban area or urban cluster with a population equal to or greater than 25,000) Priority 2 Priority 5. Less Rural Tier (areas within a Core Based Statistical Area with an urban area or urban cluster with a population equal to or greater than 25,000, but where the census tract does not contain any part of an urban area or urban cluster with population equal to or greater than 25,000) Priority 3 Priority 6. Non-Rural Tier (all other non-rural areas) Priority 7 Priority 8. ( 3 ) Pro-rata reductions. When proration is necessary under paragraph (b)(2) of this section, the Administrator shall take the following steps: ( i ) The Administrator shall divide the total applicable remaining funds available for the funding year by the applicable demand within the specific prioritization category to produce a pro-rata factor; and ( ii ) The Administrator shall multiply the pro-rata factor by the dollar amount of each applicable funding request in the prioritization category to obtain prorated support for each funding request. ( 4 ) Evergreen designations. The Administrator shall designate the underlying contracts associated with any multi-year commitment requests that are not fully funded as a result of the prioritization process in this section as “evergreen” provided that those contracts meet the requirements under § 54.622(i)(3)(ii) . [ 84 FR 54979 , Oct. 11, 2019, as amended at 88 FR 17396 , Mar. 23, 2023] § 54.622 Competitive bidding requirements and exemptions. Cross Reference Link to an amendment published at 89 FR 1846 , Jan. 11, 2024. ( a ) Competitive bidding requirement. All applicants are required to engage in a competitive bidding process for supported services, facilities, or equipment, as applicable, consistent with the requirements set forth in this section and any additional applicable state, Tribal, local, or other procurement requirements, unless they qualify for an exemption listed in paragraph (i) in this section. In addition, applicants may engage in competitive bidding even if they qualify for an exemption. Applicants who utilize a competitive bidding exemption may proceed directly to filing a funding request as described in § 54.623 . ( b ) Fair and open process. ( 1 ) Applicants participating in the Telecommunications Program or Healthcare Connect Fund Program must conduct a fair and open competitive bidding process. The following actions are necessary to satisfy the “fair and open” competitive standard in the Telecommunications Program and the Healthcare Connect Fund Program: ( i ) All potential bidders and service providers must have access to the same information and must be treated in the same manner throughout the procurement process. ( ii ) Service providers who intend to bid on supported services many not simultaneously help the applicant complete its request for proposal (RFP) or Request for Services form. ( iii ) Service providers who have submitted a bid to provide supported services, equipment, or facilities to a health care provider may not simultaneously help the health care provider evaluate submitted bids or choose a winning bid. ( iv ) Applicants must respond to all service providers that have submitted questions or proposals during the competitive bidding process. ( v ) All applicants and service providers must comply with any applicable state, Tribal, or local procurement laws, in addition to the Commission's competitive bidding requirements. The competitive bidding requirements in this section are not intended to preempt such state, Tribal, or local requirements. ( c ) Selecting a cost-effective service. In selecting a provider of eligible services, the applicant shall carefully consider all bids submitted and must select the most cost-effective means of meeting its specific health care needs. “Cost-effective” is defined as the method that costs the least after consideration of the features, quality of transmission, reliability, and other factors that the health care provider deems relevant to choosing a method of providing the required health care services. In the Healthcare Connect Fund Program, when choosing the most “cost-effective” bid, price must be a primary factor, but need not be the only primary factor. A non-price factor may receive an equal weight to price, but may not receive a greater weight than price. ( d ) Bid evaluation criteria. Applicants must develop weighted evaluation criteria ( e.g., a scoring matrix) that demonstrates how the applicant will choose the most cost-effective bid before submitting its request for services. The applicant must specify on its bid evaluation worksheet and/or scoring matrix the requested services for which it seeks bids, the information provided to bidders to allow bidders to reasonably determine the needs of the applicant, its minimum requirements for the developed weighted evaluation criteria, and each service provider's proposed service levels for the criteria. The applicant must also specify the disqualification factors, if any, that it will use to remove bids or bidders from further consideration. After reviewing the bid submissions and identifying the bids that satisfy the applicant's specific needs, the applicant must then select the service provider that offers the most cost-effective service. ( e ) Request for Services. Applicants must submit the following documents to the Administrator in order to initiate competitive bidding: ( 1 ) Request for Services, including certifications. The applicant must submit a Request for Services and make the following certifications as part of its Request for Services: ( i ) The health care provider seeking supported services is a public or nonprofit entity that falls within one of the categories set forth in the definition of health care provider, listed in § 54.600 ; ( ii ) The health care provider seeking supported services is physically located in a rural area as defined in § 54.600 , or is a member of a Healthcare Connect Fund Program consortium which satisfies the rural health care provider composition requirements set forth in § 54.607(b) ; ( iii ) The person signing the application is authorized to submit the application on behalf of the health care provider or consortium applicant; ( iv ) The person signing the application has examined the Request for Services and all attachments, and to the best of his or her knowledge, information, and belief, all statements contained in the request are true; ( v ) The applicant has complied with any applicable state, Tribal, or local procurement rules; ( vi ) All requested Rural Health Care Program support will be used solely for purposes reasonably related to the provision of health care service or instruction that the health care provider is legally authorized to provide under the law of the state in which the services are provided; ( vii ) The supported services will not be sold, resold, or transferred in consideration for money or any other thing of value; ( viii ) The applicant satisfies all of the requirements under section 254 of the Act and applicable Commission rules; and ( ix ) The applicant has reviewed all applicable requirements for the Telecommunications Program or the Healthcare Connect Fund Program, as applicable, and will comply with those requirements. ( 2 ) Aggregated purchase details. If the service or services are being purchased as part of an aggregated purchase with other entities or individuals, the full details of any such arrangement, including the identities of all co-purchasers and the portion of the service or services being purchased by the health care provider, must be submitted. ( 3 ) Bid evaluation criteria. Requirements for bid evaluation criteria are described in paragraph (d) in this section and must be included with the applicant's Request for Services. ( 4 ) Declaration of Assistance. All applicants must submit a “Declaration of Assistance” with their Request for Services. In the Declaration of Assistance, the applicant must identify each and every consultant, service provider, and other outside expert, whether paid or unpaid, who aided in the preparation of its applications. The applicant must also describe the nature of the relationship it has with each consultant, service provider, or other outside expert providing such assistance. ( 5 ) Request for proposal (if applicable). ( i ) Any applicant may use an RFP. Applicants who use an RFP must submit the RFP and any additional relevant bidding information to the Administrator with its Request for Services. ( ii ) An applicant must submit an RFP: ( A ) If it is required to issue an RFP under applicable State, Tribal, or local procurement rules or regulations; ( B ) If the applicant is a consortium seeking more than $100,000 in program support during the funding year, including applications that seek more than $100,000 in program support for a multi-year commitment; or ( C ) If the applicant is a consortium seeking support for participant-constructed and owned network facilities. ( iii ) RFP requirements. ( A ) An RFP must provide sufficient information to enable an effective competitive bidding process, including describing the health care provider's service needs and defining the scope of the project and network costs (if applicable). ( B ) An RFP must specify the time period during which bids will be accepted. ( C ) An RFP must include the bid evaluation criteria described in paragraph (d) in this section, and solicit sufficient information so that the criteria can be applied effectively. ( D ) Consortium applicants seeking support for long-term capital investments whose useful life extends beyond the time period of the funding commitment ( e.g., facilities constructed and owned by the applicant, fiber indefeasible rights of use) must seek bids in the same RFP from service providers who propose to meet those needs via services provided over service provider-owned facilities, for a time period comparable to the life of the proposed capital investment. ( E ) Applicants may prepare RFPs in any manner that complies with the rules in this subpart and any applicable state, Tribal, or local procurement rules or regulations. ( 6 ) Additional requirements for Healthcare Connect Fund Program consortium applicants. ( i ) Network plan. Consortium applicants must submit a narrative describing specific elements of their network plan with their Request for Services. Consortia applicants are required to use program support for the purposes described in their narrative. The required elements of the narrative include: ( A ) Goals and objectives of the network; ( B ) Strategy for aggregating the specific needs of health care providers (including providers that serve rural areas) within a state or region; ( C ) Strategy for leveraging existing technology to adopt the most efficient and cost-effective means of connecting those providers; ( D ) How the supported network will be used to improve or provide health care delivery; ( E ) Any previous experience in developing and managing health information technology (including telemedicine) programs; and ( F ) A project management plan outlining the project's leadership and management structure, and a work plan, schedule, and budget. ( ii ) Letters of agency (LOA). Consortium applicants must submit LOAs pursuant to § 54.610 . ( f ) Public posting by the Administrator. The Administrator shall post on its website the following competitive bidding documents, as applicable: ( 1 ) Request for Services; ( 2 ) Bid evaluation criteria; ( 3 ) RFP; and ( 4 ) Network plans for Healthcare Connect Fund Program applicants. ( g ) 28-day waiting period. After posting the documents described in paragraph (f) in this section, as applicable, on its website, the Administrator shall send confirmation of the posting to the applicant. The applicant shall wait at least 28 days from the date on which its competitive bidding documents are posted on the Administrator's website before selecting and committing to a service provider. The confirmation from the Administrator shall include the date after which the applicant may sign a contract with its chosen service provider(s). ( 1 ) Selection of the most “cost-effective” bid and contract negotiation. Each applicant is required to certify to the Administrator that the selected bid is, to the best of the applicant's knowledge, the most cost-effective option available. Applicants are required to submit the documentation, identified in § 54.623 , to support their certifications. ( 2 ) Applicants who plan to request evergreen status under this section must enter into a contract that identifies both parties, is signed and dated by the health care provider or Consortium Leader after the 28-day waiting period expires, and specifies the type, term, and cost of service(s). ( h ) Gift restrictions. ( 1 ) Subject to paragraphs (h)(3) and (4) in this section, an eligible health care provider or consortium that includes eligible health care providers, may not directly or indirectly solicit or accept any gift, gratuity, favor, entertainment, loan, or any other thing of value from a service provider participating in or seeking to participate in the Rural Health Care Program. No such service provider shall offer or provide any such gift, gratuity, favor, entertainment, loan, or other thing of value except as otherwise provided in this section. Modest refreshments not offered as part of a meal, items with little intrinsic value intended solely for presentation, and items worth $20 or less, including meals, may be offered or provided, and accepted by any individual or entity subject to this rule, if the value of these items received by any individual does not exceed $50 from any one service provider per funding year. The $50 amount for any service provider shall be calculated as the aggregate value of all gifts provided during a funding year by the individuals specified in paragraph (h)(2)(ii) in this section. ( 2 ) For purposes of this paragraph: ( i ) The terms “health care provider” or “consortium” shall include all individuals who are on the governing boards of such entities and all employees, officers, representatives, agents, consultants, or independent contractors of such entities involved on behalf of such health care provider or consortium with the Rural Health Care Program, including individuals who prepare, approve, sign, or submit Rural Health Care Program applications, or other forms related to the Rural Health Care Program, or who prepare bids, communicate, or work with Rural Health Care Program service providers, consultants, or with the Administrator, as well as any staff of such entities responsible for monitoring compliance with the Rural Health Care Program; and ( ii ) The term “service provider” includes all individuals who are on the governing boards of such an entity (such as members of the board of directors), and all employees, officers, representatives, agents, consultants, or independent contractors of such entities. ( 3 ) The restrictions set forth in this paragraph shall not be applicable to the provision of any gift, gratuity, favor, entertainment, loan, or any other thing of value, to the extent given to a family member or a friend working for an eligible health care provider or consortium that includes eligible health care providers, provided that such transactions: ( i ) Are motivated solely by a personal relationship; ( ii ) Are not rooted in any service provider business activities or any other business relationship with any such eligible health care provider; and ( iii ) Are provided using only the donor's personal funds that will not be reimbursed through any employment or business relationship. ( 4 ) Any service provider may make charitable donations to an eligible health care provider or consortium that includes eligible health care providers in the support of its programs as long as such contributions are not directly or indirectly related to the Rural Health Care Program procurement activities or decisions and are not given by service providers to circumvent competitive bidding and other Rural Health Care Program rules, including those in § 54.611(a) , requiring health care providers under the Healthcare Connect Fund Program to contribute 35 percent of the total cost of all eligible expenses. ( i ) Exemptions to the competitive bidding requirements — ( 1 ) Government Master Service Agreement (MSA). Eligible health care providers that seek support for services and equipment purchased from MSAs negotiated by federal, state, Tribal, or local government entities on behalf of such health care providers and others, if such MSAs were awarded pursuant to applicable federal, state, Tribal, or local competitive bidding requirements, are exempt from the competitive bidding requirements under this section. ( 2 ) Master Service Agreements approved under the Rural Health Care Pilot Program or Healthcare Connect Fund Program. An eligible health care provider site may opt into an existing MSA approved under the Rural Health Care Pilot Program or Healthcare Connect Fund Program and seek support for services and equipment purchased from the MSA without triggering the competitive bidding requirements under this section, if the MSA was developed and negotiated in response to an RFP that specifically solicited proposals that included a mechanism for adding additional sites to the MSA. ( 3 ) Evergreen contracts. ( i ) The Administrator may designate a multi-year contract as “evergreen,” which means that the service(s) covered by the contract need not be re-bid during the contract term. ( ii ) A contract entered into by a health care provider or consortium as a result of competitive bidding may be designated as evergreen if it meets all of the following requirements: ( A ) Is signed by the individual health care provider or consortium lead entity; ( B ) Specifies the service type, bandwidth, and quantity; ( C ) Specifies the term of the contract; ( D ) Specifies the cost of services to be provided; and ( E ) Includes the physical location or other identifying information of the health care provider sites purchasing from the contract. ( iii ) Participants may exercise voluntary options to extend an evergreen contract without undergoing additional competitive bidding if: ( A ) The voluntary extension(s) is memorialized in the evergreen contract; ( B ) The decision to extend the contract occurs before the participant files its funding request for the funding year when the contract would otherwise expire; and ( C ) The voluntary extension(s) do not exceed five years in the aggregate. ( 4 ) Schools and libraries program master contracts. Subject to the provisions in § 54.500 , § 54.501(c)(1) , and § 54.503 , an eligible health care provider in a consortium with participants in the schools and libraries universal service support program and a party to the consortium's existing contract is exempt from the competitive bidding requirements if the contract was approved in the schools and libraries universal service support program as a master contract. The health care provider must comply with all Rural Health Care Program rules and procedures except for those applicable to competitive bidding. ( 5 ) Annual undiscounted cost of $10,000 or less. An applicant under the Healthcare Connect Fund Program that seeks support for $10,000 or less of total undiscounted eligible expenses for a single year is exempt from the competitive bidding requirements under this section, if the term of the contract is one year or less. This exemption does not apply to applicants under the Telecommunications Program. [ 84 FR 54979 , Oct. 11, 2019, as amended at 88 FR 17396 , Mar. 23, 2023] Effective Date Note Effective Date Note: At 89 FR 1846 , Jan. 11 2024, § 54.622 was amended by revising paragraphs (e)(1)(i) and (ii) and adding paragraph (i)(3)(iv), these amendments were delayed indefinitely. § 54.623 Funding requests. ( a ) Once a service provider is selected, applicants must submit a Request for Funding (and supporting documentation) to provide information about the services, equipment, or facilities selected; rates, service provider(s); and date(s) of service provider selection, as applicable. ( 1 ) Certifications. The applicant must provide the following certifications as part of its Request for Funding: ( i ) The person signing the application is authorized to submit the application on behalf of the health care provider or consortium. ( ii ) The applicant has examined the form and all attachments, and to the best of his or her knowledge, information, and belief, all statements of fact contained in this section are true. ( iii ) The health care provider or consortium has considered all bids received and selected the most cost-effective method of providing the requested services. ( iv ) All Rural Health Care Program support will be used only for eligible health care purposes. ( v ) The health care provider or consortium is not requesting support for the same service from both the Telecommunications Program and the Healthcare Connect Fund Program. ( vi ) The health care provider or consortium and/or its consultant, if applicable, has not solicited or accepted a gift or any other thing of value from a service provider participating in or seeking to participate in the Rural Health Care Program. ( vii ) The applicant satisfies all of the requirements under section 254 of the Act and applicable Commission rules and understands that any letter from the Administrator that erroneously commits funds for the benefit of the applicant may be subject to rescission. ( viii ) The applicant has reviewed all applicable rules and requirements for the Rural Health Care Program and will comply with those rules and requirements. ( ix ) The applicant will retain all documentation associated with the applications, including all bids, contracts, scoring matrices, and other information associated with the competitive bidding process, and all billing records for services received, for a period of at least five years. ( x ) The consultants or third parties hired by the applicant do not have an ownership interest, sales commission arrangement, or other financial stake in the service provider chosen to provide the requested services, and that they have otherwise complied with the Rural Health Care Program rules, including the Commission's rules requiring a fair and open competitive bidding process. ( xi ) Additional certification for the Telecom Program. Telecom Program applicants must certify that the rural rate on their Request for Funding does not exceed the appropriate rural rate determined by the Administrator. ( 2 ) Contracts or other documentation. All applicants must submit a contract or other documentation, as applicable, that clearly identifies the service provider(s) selected and the health care provider(s) who will receive the services; costs for which support is being requested; and the term of the service agreement(s) if applicable ( i.e., if services are not being provided on a month-to-month basis). For services provided under contract, the applicant must submit a copy of the contract signed and dated (after the Allowable Contract Selection Date) by the individual health care provider or Consortium Leader. If the services are not being provided under contract, the applicant must submit a bill, service offer, letter, or similar document from the service provider that provides the required information. ( 3 ) Competitive bidding documents. Applicants must submit documentation to support their certifications that they have selected the most cost-effective option, including a copy of each bid received (winning, losing, and disqualified), the bid evaluation criteria, and the following documents (as applicable): Completed bid evaluation worksheets or matrices; explanation for any disqualified bids; a list of people who evaluated bids (along with their title/role/relationship to the applicant organization); memos, board minutes, or similar documents related to the service provider selection/award; copies of notices to winners; and any correspondence with service providers prior to and during the bidding, evaluation, and award phase of the process. Applicants who claim a competitive bidding exemption must submit relevant documentation to allow the Administrator to verify that the applicant is eligible for the claimed exemption. ( 4 ) Cost allocation for ineligible entities or components. Where applicable, applicants must submit a description of how costs will be allocated for ineligible entities or components, as well as any agreements that memorialize such arrangements with ineligible entities. ( 5 ) Additional documentation for Healthcare Connect Fund Program consortium applicants. A consortium applicant must also submit the following: ( i ) Any revisions to the network plan submitted with the Request for Services pursuant to § 54.622 , as necessary. If not previously submitted, the consortium should provide a narrative description of how the network will be managed, including all administrative aspects of the network, including, but not limited to, invoicing, contractual matters, and network operations. If the consortium is required to provide a sustainability plan as set forth in the following, the revised budget should include the budgetary factors discussed in the sustainability plan requirements. ( ii ) A list of each participating health care provider and all of their relevant information, including eligible (and ineligible, if applicable) cost information. ( iii ) Evidence of a viable source for the undiscounted portion of supported costs. ( iv ) Sustainability plans for applicants requesting support for long-term capital expenses: Consortia that seek funding to construct and own their own facilities or obtain indefeasible right of use or capital lease interests are required to submit a sustainability plan with their funding requests demonstrating how they intend to maintain and operate the facilities that are supported over the relevant time period. Applicants may include by reference other portions of their applications ( e.g., project management plan, budget). The sustainability plan must, at a minimum, address the following points: ( A ) Projected sustainability period. Indicate the sustainability period, which at a minimum is equal to the useful life of the funded facility. The consortium's budget must show projected income and expenses ( i.e., for maintenance) for the project at the aggregate level, for the sustainability period. ( B ) Principal factors. Discuss each of the principal factors that were considered by the participant to demonstrate sustainability. This discussion must include all factors that show that the proposed network will be sustainable for the entire sustainability period. Any factor that will have a monetary impact on the network must be reflected in the applicant's budget. ( C ) Terms of membership in the network. Describe generally any agreements made (or to be entered into) by network members ( e.g., participation agreements, memoranda of understanding, usage agreements, or other similar agreements). The sustainability plan must also describe, as applicable: ( 1 ) Financial and time commitments made by proposed members of the network; ( 2 ) If the project includes excess bandwidth for growth of the network, describe how such excess bandwidth will be financed; and ( 3 ) If the network will include ineligible health care providers and other network members, describe how fees for joining and using the network will be assessed. ( D ) Ownership structure. Explain who will own each material element of the network ( e.g., fiber constructed, network equipment, end user equipment). For purposes of this subsection, “ownership” includes an indefeasible right of use interest. Applicants must clearly identify the legal entity that will own each material element. Applicants must also describe any arrangements made to ensure continued use of such elements by the network members for the duration of the sustainability period. ( E ) Sources of future support. Describe other sources of future funding, including fees to be paid by eligible health care providers and/or non-eligible entities. ( F ) Management. Describe the management structure of the network for the duration of the sustainability period. The applicant's budget must describe how management costs will be funded. ( v ) Material change to sustainability plan. A consortium that is required to file a sustainability plan must maintain its accuracy. If there is a material change to a required sustainability plan that would impact projected income or expenses by more than 20 percent or $100,000 from the previous submission, or if the applicant submits a funding request based on a new Request for Funding ( i.e., a new competitively bid contract), the consortium is required to re-file its sustainability plan. In the event of a material change, the applicant must provide the Administrator with the revised sustainability plan no later than the end of the relevant quarter, clearly showing ( i.e., by redlining or highlighting) what has changed. § 54.624 Site and service substitutions. ( a ) Health care providers or Consortium Leaders may request a site or service substitution if: ( 1 ) The substitution is provided for in the contract, within the change clause, or constitutes a minor modification; ( 2 ) The site is an eligible health care provider and the service is an eligible service under the Telecommunications Program or the Healthcare Connect Fund Program; ( 3 ) The substitution does not violate any contract provision or state, Tribal, or local procurement laws; and ( 4 ) The requested change is within the scope of the controlling Request for Services, including any applicable RFP used in the competitive bidding process. (b) Filing deadline. An applicant must file their request for a site or service change to the Administrator no later than the service delivery deadline as defined in § 54.626 . Effective Date Note Effective Date Note: At 84 FR 54979 , Oct. 11, 2019, § 54.624 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 54.625 Service Provider Identification Number (SPIN) changes. ( a ) Corrective SPIN change. A “corrective SPIN change” is any amendment to the SPIN associated with a Funding Request Number that does not involve a change to the service provider associated with that Funding Request Number. An applicant under the Telecommunications Program or the Healthcare Connect Fund Program may file a request for a corrective SPIN change with the Administrator to: ( 1 ) Correct ministerial errors; ( 2 ) Update the service provider's SPIN that resulted from a merger or acquisition of companies; or ( 3 ) Effectuate a change to the SPIN that does not involve a change to the service provider of a funding request and was not initiated by the applicant. ( b ) Operational SPIN Change. An “operational SPIN change” is any change to the service provider associated with a Funding Request Number. An applicant under the Telecommunications Program or the Healthcare Connect Fund Program may file a request for an operational SPIN change with the Administrator if: ( 1 ) The applicant has a legitimate reason to change providers ( e.g., breach of contract or the service provider is unable to perform); and ( 2 ) The applicant's newly selected service provider received the next highest point value in the original bid evaluation, assuming there were multiple bidders. ( c ) Filing deadline. An applicant must file its request for a corrective or operational SPIN change with the Administrator no later than the invoice filing deadline as defined by § 54.627 . [ 84 FR 54979 , Oct. 11, 2019, as amended at 89 FR 1846 , Jan. 11, 2024] § 54.626 Service delivery deadline and extension requests. ( a ) Service delivery deadline. Except as provided in the following, applicants must use all recurring and non-recurring services for which Telecommunications Program and Healthcare Connect Fund Program funding has been approved by June 30 of the funding year for which the program support was sought. The Administrator will deem ineligible for Telecommunications Program and Healthcare Connect Fund Program support all charges incurred for services delivered before or after the close of the funding year. ( b ) Deadline extension for non-recurring services. An applicant may request and receive from the Administrator a one-year extension of the implementation deadline for non-recurring services if it satisfies one of the following criteria: ( 1 ) Applicants whose funding commitment letters are issued by the Administrator on or after March 1 of the funding year for which discounts are authorized; ( 2 ) Applicants that receive service provider change authorizations or site and service authorizations from the Administrator on or after March 1 of the funding year for which discounts are authorized; Note 1 to paragraphs (b)(1) and (b)(2): The Administrator shall automatically extend the service delivery deadline for applicants who satisfy paragraphs (b)(1) or (2) in this section. When calculating the extended deadline, March 1 is the key date for determining whether to extend the service delivery deadline. If one of the conditions listed in paragraph (b) in this section is satisfied before March 1 (of any year), the deadline will not be extended and the applicant will have until June 30 of that calendar year to complete implementation. If one of the conditions under paragraph (b)(1) through (2) in this section is satisfied on or after March 1 the calendar year, the applicant will have until June 30 of the following calendar year to complete implementation. ( 3 ) Applicants whose service providers are unable to complete implementation for reasons beyond the service provider's control; or Note 1 to paragraph (b)(3): An applicant seeking a one-year extension must affirmatively request an extension on or before the June 30 deadline for paragraph (b)(3) in this section. The Administrator will address any situations arising under paragraph (b)(3) in this section on a case-by-case basis. Applicants must submit documentation to the Administrator requesting relief pursuant to paragraph (b)(3) in this section on or before June 30 of the relevant funding year. That documentation must include, at a minimum, an explanation regarding the circumstances that make it impossible for installation to be completed by June 30 and a certification by the applicant that, to the best of their knowledge, the request is truthful. ( 4 ) Applicants whose service providers are unwilling to complete delivery and installation because the applicant's funding request is under review by the Administrator for program compliance. Note 1 to Paragraph (b)(4): An applicant seeking a one-year extension must affirmatively request an extension on or before the June 30 deadline for paragraph (b)(4) in this section. Applicants seeking an extension under paragraph (b)(4) in this section must certify to the Administrator that their service provider was unwilling to deliver or install the non-recurring services before the end of the funding year. Applicants must make this certification on or before June 30 of the relevant funding year. The revised implementation date will be calculated based on the date the Administrator issues a funding commitment. § 54.627 Invoicing process and certifications. ( a ) Invoice filing deadline. Invoices must be submitted to the Administrator within 120 days after the later of: ( 1 ) The service delivery deadline, as defined in § 54.626 ; or ( 2 ) The date of a revised funding commitment letter issued pursuant to an approved post-commitment request made by the applicant or service provider or a successful appeal of a previously denied or reduced funding request. Before the Administrator may process and pay an invoice, it must receive a completed invoice from the service provider. ( b ) Invoice deadline extension. Service providers or billed entities may request a one-time extension of the invoicing deadline by no later than the deadline calculated pursuant to paragraph (a) in this section. The Administrator shall grant a 120-day extension of the invoice filing deadline, if it is timely requested. ( c ) Telecommunications Program. ( 1 ) Certifications. Before the Administrator may process and pay an invoice, both the health care provider and the service provider must make the following certifications. ( i ) The health care provider must certify that: ( A ) The service has been or is being provided to the health care provider; ( B ) The universal service credit will be applied to the telecommunications service billing account of the health care provider or the billed entity as directed by the health care provider; ( C ) It is authorized to submit this request on behalf of the health care provider; ( D ) It has examined the invoice form and supporting documentation and that to the best of its knowledge, information and belief, all statements of fact contained in the invoice form and supporting documentation are true; ( E ) It or the consortium it represents satisfies all of the requirements and will abide by all of the relevant requirements, including all applicable Commission rules, with respect to universal service benefits provided under 47 U.S.C. 254 ; and ( F ) It understands that any letter from the Administrator that erroneously states that funds will be made available for the benefit of the applicant may be subject to rescission. ( ii ) The service provider must certify that: ( A ) The information contained in the invoice is correct and the health care providers and the Billed Account Numbers have been credited with the amounts shown under “Support Amount to be Paid by USAC;” ( B ) It has abided by all of the relevant requirements, including all applicable Commission rules; ( C ) It has received and reviewed the HSS, invoice form and accompanying documentation, and that the rates charged for the telecommunications services, to the best of its knowledge, information and belief, are accurate and comply with the Commission's rules; ( D ) It is authorized to submit the invoice; ( E ) The health care provider paid the appropriate urban rate for the telecommunications services; ( F ) The rural rate on the invoice does not exceed the appropriate rural rate determined by the Administrator; ( G ) It has charged the health care provider for only eligible services prior to submitting the invoice for payment and accompanying documentation; ( H ) It has not offered or provided a gift or any other thing of value to the applicant (or to the applicant's personnel, including its consultant) for which it will provide services; and ( I ) The consultants or third parties it has hired do not have an ownership interest, sales commission arrangement, or other financial stake in the service provider chosen to provide the requested services, and that they have otherwise complied with Rural Health Care Program rules, including the Commission's rules requiring fair and open competitive bidding. ( J ) As a condition of receiving support, it will provide to the health care providers, on a timely basis, all documents regarding supported equipment or services that are necessary for the health care provider to submit required forms or respond to Commission or Administrator inquiries. ( 2 ) [Reserved] ( d ) Healthcare Connect Fund Program. ( 1 ) Certifications. Before the Administrator may process and pay an invoice, the Consortium Leader (or health care provider, if participating individually) and the service provider must make the following certifications: ( i ) The Consortium Leader or health care provider must certify that: ( A ) It is authorized to submit this request on behalf of the health care provider or consortium; ( B ) It has examined the invoice form and attachments and, to the best of its knowledge, information, and belief, all information contained on the invoice form and attachments are true and correct; ( C ) The health care provider or consortium members have received the related services, network equipment, and/or facilities itemized on the invoice form; and ( D ) The required 35 percent minimum contribution for each item on the invoice form was funded by eligible sources as defined in the Commission's rules and that the required contribution was remitted to the service provider. ( ii ) The service provider must certify that: ( A ) It has been authorized to submit this request on behalf of the service provider; ( B ) It has applied the amount submitted, approved, and paid by the Administrator to the billing account of the health care provider(s) and Funding Request Number (FRN)/FRN ID listed on the invoice; ( C ) It has examined the invoice form and attachments and that, to the best of its knowledge, information, and belief, the date, quantities, and costs provided in the invoice form and attachments are true and correct; ( D ) It has abided by all program requirements, including all applicable Commission rules and orders; ( E ) It has charged the health care provider for only eligible services prior to submitting the invoice form and accompanying documentation; ( F ) It has not offered or provided a gift or any other thing of value to the applicant (or to the applicant's personnel, including its consultant) for which it will provide services; ( G ) The consultants or third parties it has hired do not have an ownership interest, sales commission arrangement, or other financial stake in the service provider chosen to provide the requested services, and that they have otherwise complied with Rural Health Care Program rules, including the Commission's rules requiring fair and open competitive bidding; and ( H ) As a condition of receiving support, it will provide to the health care providers, on a timely basis, all documents regarding supported equipment, facilities, or services that are necessary for the health care provider to submit required forms or respond to Commission or Administrator inquiries. [ 84 FR 54979 , Oct. 11, 2019, as amended at 88 FR 17397 , Mar. 23, 2023; 88 FR 17397 , Mar. 23, 2023] § 54.628 Duplicate support. ( a ) Eligible health care providers that seek support under the Healthcare Connect Fund Program for telecommunications services may not also request support from the Telecommunications Program for the same services. ( b ) Eligible health care providers that seek support under the Telecommunications Program or the Healthcare Connect Fund Program may not also request support from any other universal service program for the same expenses. § 54.629 Prohibition on resale. ( a ) Prohibition on resale. Services purchased pursuant to universal support mechanisms under this subpart shall not be sold, resold, or transferred in consideration for money or any other thing of value. ( b ) Permissible fees. The prohibition on resale set forth in paragraph (a) in this section shall not prohibit a health care provider from charging normal fees for health care services, including instruction related to services purchased with support provided under this subpart. § 54.630 Election to offset support against annual universal service fund contribution. ( a ) A service provider that contributes to the universal service support mechanisms under this subpart and subpart H of this part to eligible health care providers may, at the election of the contributor: ( 1 ) Treat the amount eligible for support under this subpart as an offset against the contributor's universal service support obligation for the year in which the costs for providing eligible services were incurred; or ( 2 ) Receive direct reimbursement from the Administrator for that amount. ( b ) Service providers that are contributors shall elect in January of each year the method by which they will be reimbursed and shall remain subject to that method for the duration of the calendar year. Any support amount that is owed a service provider that fails to remit its monthly universal service contribution obligation shall first be applied as an offset to that contributor's contribution obligation. Such a service provider shall remain subject to the offsetting method for the remainder of the calendar year in which it failed to remit its monthly universal service obligation. A service provider that continues to be in arrears on its universal service contribution obligations at the end of a calendar year shall remain subject to the offsetting method for the next calendar year. ( c ) If a service provider providing services eligible for support under this subpart elects to treat that support amount as an offset against its universal service contribution obligation and the total amount of support owed exceeds its universal service obligation, calculated on an annual basis, the service provider shall receive a direct reimbursement in the amount of the difference. Any such reimbursement due a service provider shall be provided by the Administrator no later than the end of the first quarter of the calendar year following the year in which the costs were incurred and the offset against the contributor's universal service obligation was applied. § 54.631 Audits and recordkeeping. ( a ) Random audits. All participants under the Telecommunications Program and Healthcare Connect Fund Program shall be subject to random compliance audits to ensure compliance with program rules and orders. ( b ) Recordkeeping. Participants, including Consortium Leaders and health care providers, shall maintain records to document compliance with program rules and orders for at least five years after the last day of service delivered in a particular funding year sufficient to establish compliance with all rules in this subpart. ( 1 ) Telecommunications Program. ( i ) Participants must maintain, among other things, records of allocations for consortia and entities that engage in eligible and ineligible activities, if applicable. ( ii ) Mobile rural health care providers shall maintain annual logs for a period of five years. Mobile rural health care providers shall maintain annual logs indicating: The date and locations of each clinical stop; and the number of patients served at each clinical stop. Mobile rural health care providers shall make their logs available to the Administrator and the Commission upon request. ( iii ) Service providers shall retain documents related to the delivery of discounted services for at least five years after the last day of the delivery of discounted services. Any other document that demonstrates compliance with the statutory or regulatory requirements for the rural health care mechanism shall be retained as well. ( 2 ) Healthcare Connect Fund Program. ( i ) Participants who receive support for long-term capital investments in facilities whose useful life extends beyond the period of the funding commitment shall maintain records for at least five years after the end of the useful life of the facility. Participants shall maintain asset and inventory records of supported network equipment to verify the actual location of such equipment for a period of five years after purchase. ( ii ) Service providers shall retain records related to the delivery of supported services, facilities, or equipment to document compliance with the Commission rules or orders pertaining to the Healthcare Connect Fund Program for at least five years after the last day of the delivery of supported services, equipment, or facilities in a particular funding year. ( c ) Production of records. Both participants and service providers under the Telecommunications Program and Healthcare Connect Fund Program shall produce such records at the request of the Commission, any auditor appointed by the Administrator or Commission, or any other state or federal agency with jurisdiction. ( d ) Obligation of service providers. Service providers in the Telecommunications Program and Healthcare Connect Fund Program must certify, as a condition of receiving support, that they will provide to health care providers, on a timely basis, all information and documents regarding supported equipment, facilities, or services that are necessary for the health care provider to submit required forms or respond to Commission or Administrator inquiries. The Administrator may withhold disbursements for the service provider if the service provider, after written notice from the Administrator, fails to comply with this requirement. § 54.632 Signature requirements for certifications. ( a ) For individual health care provider applicants, required certifications must be provided and signed by an officer or director of the health care provider, or other authorized employee of the health care provider. ( b ) For consortium applicants, an officer, director, or other authorized employee of the Consortium Leader must sign the required certifications. ( c ) Pursuant to § 54.633 , electronic signatures are permitted for all required certifications. § 54.633 Validity of electronic signatures and records. ( a ) For the purposes of this subpart, an electronic signature (defined by the Electronic Signatures in Global and National Commerce Act, as an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record) has the same legal effect as a written signature. ( b ) For the purposes of this subpart, an electronic record (defined by the Electronic Signatures in Global and National Commerce Act, as a contract or other record created, generated, sent, communicated, received, or stored by electronic means) constitutes a record. Subpart H—Administration § 54.701 Administrator of universal service support mechanisms. ( a ) The Universal Service Administrative Company is appointed the permanent Administrator of the federal universal service support mechanisms, subject to a review after one year by the Federal Communications Commission to determine that the Administrator is administering the universal service support mechanisms in an efficient, effective, and competitively neutral manner. ( b ) ( 1 ) The Administrator shall establish a twenty (20) member Board of Directors, as set forth in § 54.703 . The Administrator's Board of Directors shall establish three Committees of the Board of Directors, as set forth in § 54.705 : ( i ) The Schools and Libraries Committee, which shall oversee the schools and libraries support mechanism; ( ii ) The Rural Health Care Committee, which shall oversee the rural health care support mechanism; and ( iii ) The High Cost and Low Income Committee, which shall oversee the high cost and low income support mechanism. ( 2 ) The Board of Directors shall not modify substantially the power or authority of the Committees of the Board without prior approval from the Federal Communications Commission. ( c ) ( 1 ) The Administrator shall establish three divisions: ( i ) The Schools and Libraries Division, which shall perform duties and functions in connection with the schools and libraries support mechanism under the direction of the Schools and Libraries Committee of the Board, as set forth in § 54.705(a) ; ( ii ) The Rural Health Care Division, which shall perform duties and functions in connection with the rural health care support mechanism under the direction of the Rural Health Care Committee of the Board, as set forth in § 54.705(b) ; and ( iii ) The High Cost and Low Income Division, which shall perform duties and functions in connection with the high cost support mechanisms described in subparts J , K , M , and O of this part , and the low income support mechanisms described in subpart E of this part , under the direction of the High Cost and Low Income Committee of the Board, as set forth in § 54.705(c) . ( 2 ) As directed by the Committees of the Board set forth in § 54.705 , these divisions shall perform the duties and functions unique to their respective support mechanisms. ( d ) The Administrator shall be managed by a Chief Executive Officer, as set forth in § 54.704 . The Chief Executive Officer shall serve on the Committees of the Board established in § 54.705 . [ 63 FR 70572 , Dec. 21, 1998, as amended at 65 FR 38689 , June 21, 2000; 65 FR 57739 , Sept. 26, 2000; 66 FR 59727 , Nov. 30, 2001; 68 FR 36943 , June 20, 2003; 88 FR 55410 , Aug. 15, 2023; 89 FR 25162 , Apr. 10, 2024] § 54.702 Administrator's functions and responsibilities. ( a ) The Administrator, and the divisions therein, shall be responsible for administering the schools and libraries support mechanism, the rural health care support mechanism, the high-cost support mechanism, and the low income support mechanism. ( b ) The Administrator shall be responsible for billing contributors, collecting contributions to the universal service support mechanisms, and disbursing universal service support funds. ( c ) The Administrator may not make policy, interpret unclear provisions of the statute or rules, or interpret the intent of Congress. Where the Act or the Commission's rules are unclear, or do not address a particular situation, the Administrator shall seek guidance from the Commission. ( d ) The Administrator may advocate positions before the Commission and its staff only on administrative matters relating to the universal service support mechanisms. ( e ) The Administrator shall maintain books of account separate from those of the National Exchange Carrier Association, of which the Administrator is an independent subsidiary. The Administrator's books of account shall be maintained in accordance with generally accepted accounting principles. The Administrator may borrow start up funds from the National Exchange Carrier Association. Such funds may not be drawn from the Telecommunications Relay Services (TRS) fund or TRS administrative expense accounts. ( f ) The Administrator shall create and maintain a website, as defined in § 54.5 , on which applications for services will be posted on behalf of schools, libraries and rural health care providers. ( g ) The Administrator shall file with the Commission and Congress an annual report by March 31 of each year. The report shall detail the Administrator's operations, activities, and accomplishments for the prior year, including information about participation in each of the universal service support mechanisms and administrative action intended to prevent waste, fraud, and abuse. The report also shall include an assessment of subcontractors' performance, and an itemization of monthly administrative costs that shall include all expenses, receipts, and payments associated with the administration of the universal service support programs. The Administrator shall consult each year with Commission staff to determine the scope and content of the annual report. ( h ) The Administrator shall report quarterly to the Commission on the disbursement of universal service support program funds. The Administrator shall keep separate accounts for the amounts of money collected and disbursed for eligible schools and libraries, rural health care providers, low-income consumers, and high-cost and insular areas. ( i ) Information based on the Administrator's reports will be made public by the Commission at least once a year as part of a Monitoring Report. ( j ) The Administrator shall provide the Commission full access to the data collected pursuant to the administration of the universal service support programs. ( k ) Pursuant to § 64.903 of this chapter , the Administrator shall file with the Commission a cost allocation manual (CAM) that describes the accounts and procedures the Administrator will use to allocate the shared costs of administering the universal service support mechanisms and its other operations. ( l ) The Administrator shall make available to whomever the Commission directs, free of charge, any and all intellectual property, including, but not limited to, all records and information generated by or resulting from its role in administering the support mechanisms, if its participation in administering the universal service support mechanisms ends. ( m ) If its participation in administering the universal service support mechanisms ends, the Administrator shall be subject to close-out audits at the end of its term. ( n ) The Administrator shall account for the financial transactions of the Universal Service Fund in accordance with generally accepted accounting principles for federal agencies and maintain the accounts of the Universal Service Fund in accordance with the United States Government Standard General Ledger. When the Administrator, or any independent auditor hired by the Administrator, conducts audits of the beneficiaries of the Universal Service Fund, contributors to the Universal Service Fund, or any other providers of services under the universal service support mechanisms, such audits shall be conducted in accordance with generally accepted government auditing standards. In administering the Universal Service Fund, the Administrator shall also comply with all relevant and applicable federal financial management and reporting statutes. ( o ) The Administrator shall provide performance measurements pertaining to the universal service support mechanisms as requested by the Commission by order or otherwise. [ 63 FR 70573 , Dec. 21, 1998, as amended at 65 FR 38690 , June 21, 2000; 65 FR 57739 , Sept. 26, 2000; 66 FR 59727 , Nov. 30, 2001; 67 FR 11259 , Mar. 13, 2002; 69 FR 5719 , Feb. 6, 2004; 72 FR 54218 , Sept. 24, 2007; 76 FR 73876 , Nov. 29, 2011] § 54.703 The Administrator's Board of Directors. ( a ) The Administrator shall have a Board of Directors separate from the Board of Directors of the National Exchange Carrier Association. The National Exchange Carrier Association's Board of Directors shall be prohibited from participating in the functions of the Administrator. ( b ) Board composition. The independent subsidiary's Board of Directors shall consist of twenty (20) directors: ( 1 ) Three directors shall represent incumbent local exchange carriers, with one director representing the Bell Operating Companies and GTE, one director representing ILECs (other than the Bell Operating Companies) with annual operating revenues in excess of $40 million, and one director representing ILECs (other than the Bell Operating Companies) with annual operating revenues of $40 million or less; ( 2 ) Two directors shall represent interexchange carriers, with one director representing interexchange carriers with more than $3 billion in annual operating revenues and one director representing interexchange carriers with annual operating revenues of $3 billion or less; ( 3 ) One director shall represent commercial mobile radio service (CMRS) providers; ( 4 ) One director shall represent competitive local exchange carriers; ( 5 ) One director shall represent cable operators; ( 6 ) One director shall represent information service providers; ( 7 ) Three directors shall represent schools that are eligible to receive discounts pursuant to § 54.501 ; ( 8 ) One director shall represent libraries that are eligible to receive discounts pursuant to § 54.501 ; ( 9 ) Two directors shall represent rural health care providers that are eligible to receive supported services pursuant to § 54.601 ; ( 10 ) One director shall represent low-income consumers; ( 11 ) One director shall represent state telecommunications regulators; ( 12 ) One director shall represent state consumer advocates; ( 13 ) One director shall represent Tribal communities; and ( 14 ) The Chief Executive Officer of the Administrator. ( c ) Selection process for board of directors. ( 1 ) Sixty (60) days prior to the expiration of a director's term, the industry or non-industry group that is represented by such director on the Administrator's Board of Directors, as specified in paragraph (b) of this section, shall nominate by consensus a new director. The industry or non-industry group shall submit the name of its nominee for a seat on the Administrator's Board of Directors, along with relevant professional and biographical information about the nominee, to the Chairman of the Federal Communications Commission. Only members of the industry or non-industry group that a Board member will represent may submit a nomination for that position. ( 2 ) The name of an industry or non-industry group's nominee shall be filed with the Office of the Secretary of the Federal Communications Commission in accordance with part 1 of this chapter . The document nominating a candidate shall be captioned “In the matter of: Nomination for Universal Service Administrator's Board of Directors” and shall reference FCC Docket Nos. 97-21 and 96-45. Each nomination shall specify the position on the Board of Directors for which such nomination is submitted. Two copies of the document nominating a candidate shall be submitted to the Wireline Competition Bureau's Telecommunications Access Policy Division. ( 3 ) The Chairman of the Federal Communications Commission shall review the nominations submitted by industry and non-industry groups and select each director of the Administrator's Board of Directors, as each director's term expires pursuant to paragraph (d) of this section. If an industry or non-industry group does not reach consensus on a nominee or fails to submit a nomination for a position on the Administrator's Board of Directors, the Chairman of the Federal Communications Commission shall select an individual to represent such group on the Administrator's Board of Directors. ( d ) Board member terms. The directors of the Administrator's Board shall be appointed for three-year terms, except that the Chief Executive Officer shall be a permanent member of the Board. Board member terms shall run from January 1 of the first year of the term to December 31 of the third year of the term, except that, for purposes of the term beginning on January 1, 1999, the terms of the six directors shall expire on December 31, 2000, the terms of another six directors on December 31, 2001, and the terms of the remaining six directors on December 31, 2002. Directors may be reappointed for subsequent terms pursuant to the initial nomination and appointment process described in paragraph (c) of this section. If a Board member vacates his or her seat prior to the completion of his or her term, the Administrator will notify the Wireline Competition Bureau of such vacancy, and a successor will be chosen pursuant to the nomination and appointment process described in paragraph (c) of this section. ( e ) All meetings of the Administrator's Board of Directors shall be open to the public and held in Washington, D.C. ( f ) Each member of the Administrator's Board of Directors shall be entitled to receive reimbursement for expenses directly incurred as a result of his or her participation on the Administrator's Board of Directors. [ 63 FR 70573 , Dec. 21, 1998, as amended at 67 FR 13226 , Mar. 21, 2002; 88 FR 55410 , Aug. 15, 2023] § 54.704 The Administrator's Chief Executive Officer. ( a ) Chief Executive Officer's functions. ( 1 ) The Chief Executive Officer shall have management responsibility for the administration of the federal universal service support mechanisms. ( 2 ) The Chief Executive Officer shall have management responsibility for all employees of the Universal Service Administrative Company. The Chief Executive Officer may delegate such responsibility to heads of the divisions established in § 54.701(g) . ( 3 ) The Chief Executive Officer shall serve on the Administrator's Board of Directors as set forth in § 54.703(b) and on the Committees of the Board established under § 54.705 . ( b ) Selection process for the Chief Executive Officer. ( 1 ) The members of the Board of Directors of the Administrator shall nominate by consensus a Chief Executive Officer. The Board of Directors shall submit the name of its nominee for Chief Executive Officer, along with relevant professional and biographical information about the nominee, to the Chairperson of the Federal Communications Commission. ( 2 ) The Chairperson of the Federal Communications Commission shall review the nomination submitted by the Administrator's Board of Directors. Subject to the Chairperson's approval, the nominee shall be appointed as the Administrator's Chief Executive Officer. ( 3 ) If the Board of Directors does not reach consensus on a nominee or fails to submit a nomination for the Chief Executive Officer, the Chairperson of the Federal Communications Commission shall select a Chief Executive Officer. [ 63 FR 70574 , Dec. 21, 1998, as amended at 88 FR 21442 , Apr. 10, 2023] § 54.705 Committees of the Administrator's Board of Directors. ( a ) Schools and Libraries Committee — ( 1 ) Committee functions. The Schools and Libraries Committee shall oversee the administration of the schools and libraries support mechanism by the Schools and Libraries Division. The Schools and Libraries Committee shall have the authority to make decisions concerning: ( i ) How the Administrator projects demand for the schools and libraries support mechanism; ( ii ) Development of applications and associated instructions as needed for the schools and libraries support mechanism; ( iii ) Administration of the application process, including activities to ensure compliance with Federal Communications Commission rules and regulations; ( iv ) Performance of outreach and education functions; ( v ) Review of bills for services that are submitted by schools and libraries; ( vi ) - ( viii ) [Reserved] ( ix ) The classification of schools and libraries as urban or rural and the use of the discount matrix established in § 54.505(c) of this chapter to set the discount rate to be applied to services purchased by eligible schools and libraries; ( x ) Performance of audits of beneficiaries under the schools and libraries support mechanism; and ( xi ) Development and implementation of other functions unique to the schools and libraries support mechanism. ( 2 ) Committee composition. The Schools and Libraries Committee shall consist of the following members of the Administrator's Board of Directors: ( i ) Three school representatives; ( ii ) One library representative; ( iii ) One service provider representative; ( iv ) One Tribal community representative; ( v ) One at-large representative elected by the Administrator's Board of Directors; and ( vi ) The Administrator's Chief Executive Officer. ( b ) Rural Health Care Committee — ( 1 ) Committee functions. The Rural Health Care Committee shall oversee the administration of the rural health care support mechanism by the Rural Health Care Division. The Rural Health Care Committee shall have authority to make decisions concerning: ( i ) How the Administrator projects demand for the rural health care support mechanism; ( ii ) Development of applications and associated instructions as needed for the rural health care support mechanism; ( iii ) Administration of the application process, including activities to ensure compliance with Federal Communications Commission rules and regulations; ( iv ) Calculation of support levels under § 54.609 ; ( v ) Performance of outreach and education functions; ( vi ) Review of bills for services that are submitted by rural health care providers; ( vii ) Monitoring demand for the purpose of determining when the $400 million cap has been reached; ( viii ) Performance of audits of beneficiaries under the rural health care support mechanism; and ( ix ) Development and implementation of other functions unique to the rural health care support mechanism. ( 2 ) Committee composition. The Rural Health Care Committee shall consist of the following members of the Administrator's Board of Directors: ( i ) Two rural health care representatives; ( ii ) One service provider representative; ( iii ) Two at-large representatives elected by the Administrator's Board of Directors; ( iv ) One State telecommunications regulator, one state consumer advocate; and ( v ) The Administrator's Chief Executive Officer. ( c ) High Cost and Low Income Committee — ( 1 ) Committee functions. The High Cost and Low Income Committee shall oversee the administration of the high cost and low income support mechanisms described in subparts J , K , M , O , and E of this part . The High Cost and Low Income Committee shall have the authority to make decisions concerning: ( i ) How the Administrator projects demand for the high cost and low income support mechanisms; ( ii ) Development of applications and associated instructions as needed for the high cost and low income, support mechanisms; ( iii ) Administration of the application process, including activities to ensure compliance with Federal Communications Commission rules and regulations; ( iv ) Performance of audits of beneficiaries under the high cost and low income support mechanisms; and ( v ) Development and implementation of other functions unique to the high cost and low income support mechanisms. ( 2 ) [Reserved] ( d ) Binding Authority of Committees of the Board. ( 1 ) Any action taken by the Committees of the Board established in paragraphs (a) through (c) of this section shall be binding on the Board of Directors of the Administrator, unless such action is presented for review to the Board by the Administrator's Chief Executive Officer and the Board disapproves of such action by a two-thirds vote of a quorum of directors, as defined in the Administrator's by-laws. ( 2 ) The budgets prepared by each Committee shall be subject to Board review as part of the Administrator's combined budget. The Board shall not modify the budgets prepared by the Committees of the Board unless such modification is approved by a two-thirds vote of a quorum of the Board, as defined in the Administrator's by-laws. [ 63 FR 70574 , Dec. 21, 1998, as amended at 65 FR 38690 , June 21, 2000; 65 FR 57739 , Sept. 26, 2000; 66 FR 59728 , Nov. 30, 2001; 79 FR 49204 , Aug. 19, 2014; 88 FR 55410 , Aug. 15, 2023; 89 FR 25162 , Apr. 10, 2024] § 54.706 Contributions. ( a ) Entities that provide interstate telecommunications to the public, or to such classes of users as to be effectively available to the public, for a fee will be considered telecommunications carriers providing interstate telecommunications services and must contribute to the universal service support mechanisms. Certain other providers of interstate telecommunications, such as payphone providers that are aggregators, providers of interstate telecommunications for a fee on a non-common carrier basis, and interconnected VoIP providers, also must contribute to the universal service support mechanisms. Interstate telecommunications include, but are not limited to: ( 1 ) Cellular telephone and paging services; ( 2 ) Mobile radio services; ( 3 ) Operator services; ( 4 ) Personal communications services (PCS); ( 5 ) Access to interexchange service; ( 6 ) Special access service; ( 7 ) WATS; ( 8 ) Toll-free service; ( 9 ) 900 service; ( 10 ) Message telephone service (MTS); ( 11 ) Private line service; ( 12 ) Telex; ( 13 ) [Reserved] ( 14 ) Video services; ( 15 ) Satellite service; ( 16 ) Resale of interstate services; ( 17 ) Payphone services; and ( 18 ) Interconnected VoIP services. ( 19 ) Prepaid calling card providers. ( b ) Except as provided in paragraph (c) of this section, every entity required to contribute to the federal universal service support mechanisms under paragraph (a) of this section shall contribute on the basis of its projected collected interstate and international end-user telecommunications revenues, net of projected contributions. ( c ) Any entity required to contribute to the federal universal service support mechanisms whose projected collected interstate end-user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on such entity's projected collected interstate end-user telecommunications revenues, net of projected contributions. For purposes of this paragraph, an “entity” shall refer to the entity that is subject to the universal service reporting requirements in § 54.711 and shall include all of that entity's affiliated providers of interstate and international telecommunications and telecommunications services. ( d ) Entities providing open video systems (OVS), cable leased access, or direct broadcast satellite (DBS) services are not required to contribute on the basis of revenues derived from those services. The following entities will not be required to contribute to universal service: non-profit health care providers; broadcasters; systems integrators that derive less than five percent of their systems integration revenues from the resale of telecommunications. Prepaid calling card providers are not required to contribute on the basis of revenues derived from prepaid calling cards sold by, to, or pursuant to contract with the Department of Defense (DoD) or a DoD entity. ( e ) Any entity required to contribute to the federal universal service support mechanisms shall retain, for at least five years from the date of the contribution, all records that may be required to demonstrate to auditors that the contributions made were in compliance with the Commission's universal service rules. These records shall include without limitation the following: Financial statements and supporting documentation; accounting records; historical customer records; general ledgers; and any other relevant documentation. This document retention requirement also applies to any contractor or consultant working on behalf of the contributor. [ 63 FR 70575 , Dec. 21, 1998, as amended at 64 FR 60358 , Nov. 5, 1999; 67 FR 11260 , Mar. 13, 2002; 67 FR 79532 , Dec. 30, 2002; 71 FR 38796 , July 10, 2006; 71 FR 43673 , Aug. 2, 2006; 72 FR 54218 , Sept. 24, 2007; 82 FR 48777 , Oct. 20, 2017] § 54.707 Audit controls. ( a ) The Administrator shall have the authority to audit contributors and carriers reporting data to the Administrator. The Administrator shall establish procedures to verify discounts, offsets and support amounts provided by the universal service support programs, and may suspend or delay discounts, offsets, and support amounts provided to a carrier if the carrier fails to provide adequate verification of discounts, offsets, or support amounts provided upon reasonable request, or if directed by the Commission to do so. The Administrator shall not provide reimbursements, offsets or support amounts pursuant to subparts D , K , L and M of this part to a carrier until the carrier has provided to the Administrator a true and correct copy of the decision of a state commission designating that carrier as an eligible telecommunications carrier in accordance with § 54.202 . ( b ) The Administrator has the right to obtain all cost and revenue submissions and related information, at any time and in unaltered format, that carriers submit to NECA that are used to calculate support payments pursuant to subparts D , K , and M of this part . ( c ) The Administrator (and NECA, to the extent the Administrator does not directly receive information from carriers) shall provide to the Commission upon request all underlying data collected from eligible telecommunications carriers to calculate payments pursuant to subparts D , K , L and M of this part . [ 81 FR 24342 , Apr. 25, 2016] § 54.708 De minimis exemption. If a contributor's contribution to universal service in any given year is less than $10,000 that contributor will not be required to submit a contribution or Telecommunications Reporting Worksheet for that year unless it is required to do so to by our rules governing Telecommunications Relay Service ( 47 CFR 64.601 et seq. of this chapter), numbering administration ( 47 CFR 52.1 et seq. of this chapter), or shared costs of local number portability ( 47 CFR 52.21 et seq. of this chapter). The foregoing notwithstanding, all interconnected VoIP providers, including those whose contributions would be de minimis , must file the Telecommunications Reporting Worksheet. If a contributor improperly claims exemption from the contribution requirement, it will subject to the criminal provisions of sections 220(d) and (e) of the Act regarding willful false submissions and will be required to pay the amounts withheld plus interest. [ 64 FR 41331 , July 30, 1999, as amended at 71 FR 38797 , July 10, 2006] § 54.709 Computations of required contributions to universal service support mechanisms. ( a ) Prior to April 1, 2003, contributions to the universal service support mechanisms shall be based on contributors' end-user telecommunications revenues and on a contribution factor determined quarterly by the Commission. Contributions to the mechanisms beginning April 1, 2003 shall be based on contributors' projected collected end-user telecommunications revenues, and on a contribution factor determined quarterly by the Commission. ( 1 ) For funding the federal universal service support mechanisms prior to April 1, 2003, the subject revenues will be contributors' interstate and international revenues derived from domestic end users for telecommunications or telecommunications services, net of prior period actual contributions. Beginning April 1, 2003, the subject revenues will be contributors' projected collected interstate and international revenues derived from domestic end users for telecommunications or telecommunications services, net of projected contributions. ( 2 ) Prior to April 1, 2003, the quarterly universal service contribution factor shall be determined by the Commission based on the ratio of total projected quarterly expenses of the universal service support mechanisms to the total end-user interstate and international telecommunications revenues, net of prior period actual contributions. Beginning April 1, 2003, the quarterly universal service contribution factor shall be determined by the Commission based on the ratio of total projected quarterly expenses of the universal service support mechanisms to the total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. The Commission shall approve the Administrator's quarterly projected costs of the universal service support mechanisms, taking into account demand for support and administrative expenses. The total subject revenues shall be compiled by the Administrator based on information contained in the Telecommunications Reporting Worksheets described in § 54.711(a) . ( 3 ) Total projected expenses for the federal universal service support mechanisms for each quarter must be approved by the Commission before they are used to calculate the quarterly contribution factor and individual contributions. For each quarter, the Administrator must submit its projections of demand for the federal universal service support mechanisms for high-cost areas, low-income consumers, schools and libraries, and rural health care providers, respectively, and the basis for those projections, to the Commission and the Office of the Managing Director at least sixty (60) calendar days prior to the start of that quarter. For each quarter, the Administrator must submit its projections of administrative expenses for the high-cost mechanism, the low-income mechanism, the schools and libraries mechanism and the rural health care mechanism and the basis for those projections to the Commission and the Office of the Managing Director at least sixty (60) calendar days prior to the start of that quarter. Based on data submitted to the Administrator on the Telecommunications Reporting Worksheets, the Administrator must submit the total contribution base to the Office of the Managing Director at least thirty (30) days before the start of each quarter. The projections of demand and administrative expenses and the contribution factor shall be announced by the Commission in a public notice and shall be made available on the Commission's website. The Commission reserves the right to set projections of demand and administrative expenses at amounts that the Commission determines will serve the public interest at any time within the fourteen-day period following release of the Commission's public notice. If the Commission take no action within fourteen (14) days of the date of release of the public notice announcing the projections of demand and administrative expenses, the projections of demand and administrative expenses, and the contribution factor shall be deemed approved by the Commission. Except as provided in § 54.706(c) , the Administrator shall apply the quarterly contribution factor, once approved by the Commission, to contributor's interstate and international end-user telecommunications revenues to calculate the amount of individual contributions. ( b ) If the contributions received by the Administrator in a quarter exceed the amount of universal service support program contributions and administrative costs for that quarter, the excess payments will be carried forward to the following quarter. The contribution factors for the following quarter will take into consideration the projected costs of the support mechanisms for that quarter and the excess contributions carried over from the previous quarter. The Commission may instruct the Administrator to treat excess contributions in a manner other than as prescribed in this paragraph (b) . Such instructions may be made in the form of a Commission Order or a public notice released by the Wireline Competition Bureau. Any such public notice will become effective fourteen days after release of the public notice, absent further Commission action. ( c ) If the contributions received by the Administrator in a quarter are inadequate to meet the amount of universal service support program payments and administrative costs for that quarter, the Administrator shall request authority from the Commission to borrow funds commercially, with such debt secured by future contributions. Subsequent contribution factors will take into consideration the projected costs of the support mechanisms and the additional costs associated with borrowing funds. ( d ) If a contributor fails to file a Telecommunications Reporting Worksheet by the date on which it is due, the Administrator shall bill that contributor based on whatever relevant data the Administrator has available, including, but not limited to, the number of lines presubscribed to the contributor and data from previous years, taking into consideration any estimated changes in such data. [ 62 FR 41305 , Aug. 1, 1997, as amended at 62 FR 65038 , Dec. 10, 1997; 63 FR 2132 , Jan. 13, 1998; 63 FR 43098 , Aug. 12, 1998; 63 FR 70576 , Dec. 21, 1998; 64 FR 41331 , July 30, 1999; 64 FR 60358 , Nov. 5, 1999; 66 FR 16151 , Mar. 23, 2001; 67 FR 11260 , Mar. 13, 2002; 67 FR 13227 , Mar. 21, 2002; 67 FR 79533 , Dec. 30, 2002; 68 FR 38642 , June 30, 2003; 71 FR 38267 , July 6, 2006; 76 FR 73876 , Nov. 29, 2011] § 54.711 Contributor reporting requirements. ( a ) Contributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet which shall be published in the Federal Register. The Telecommunications Reporting Worksheet sets forth information that the contributor must submit to the Administrator on a quarterly and annual basis. The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and dates by which payments must be made. An executive officer of the contributor must certify to the truth and accuracy of historical data included in the Telecommunications Reporting Worksheet, and that any projections in the Telecommunications Reporting Worksheet represent a good-faith estimate based on the contributor's policies and procedures. The Commission or the Administrator may verify any information contained in the Telecommunications Reporting Worksheet. Contributors shall maintain records and documentation to justify information reported in the Telecommunications Reporting Worksheet, including the methodology used to determine projections, for three years and shall provide such records and documentation to the Commission or the Administrator upon request. Inaccurate or untruthful information contained in the Telecommunications Reporting Worksheet may lead to prosecution under the criminal provisions of Title 18 of the United States Code. The Administrator shall advise the Commission of any enforcement issues that arise and provide any suggested response. ( b ) The Commission shall have access to all data reported to the Administrator. Contributors may make requests for Commission nondisclosure of company-specific revenue information under § 0.459 of this chapter by so indicating on the Telecommunications Reporting Worksheet at the time that the subject data are submitted. The Commission shall make all decisions regarding nondisclosure of company-specific information. The Administrator shall keep confidential all data obtained from contributors, shall not use such data except for purposes of administering the universal service support programs, and shall not disclose such data in company-specific form unless directed to do so by the Commission. Subject to any restrictions imposed by the Chief of the Wireline Competition Bureau, the Universal Service Administrator may share data obtained from contributors with the administrators of the North American Numbering Plan administration cost recovery (See 47 CFR 52.16 of this chapter), the local number portability cost recovery (See 47 CFR 52.32 of this chapter), and the TRS Fund (See 47 CFR 64.604(c)(4)(iii)(H) of this chapter). The Administrator shall keep confidential all data obtained from other administrators and shall not use such data except for purposes of administering the universal service support mechanisms. ( c ) The Bureau may waive, reduce, modify, or eliminate contributor reporting requirements that prove unnecessary and require additional reporting requirements that the Bureau deems necessary to the sound and efficient administration of the universal service support mechanisms. [ 64 FR 41332 , July 30, 1999, as amended at 66 FR 16151 , Mar. 23, 2001; 67 FR 13227 , Mar. 21, 2002; 67 FR 79533 , Dec. 30, 2002] § 54.712 Contributor recovery of universal service costs from end users. ( a ) Federal universal service contribution costs may be recovered through interstate telecommunications-related charges to end users. If a contributor chooses to recover its federal universal service contribution costs through a line item on a customer's bill the amount of the federal universal service line-item charge may not exceed the interstate telecommunications portion of that customer's bill times the relevant contribution factor. ( b ) [Reserved] [ 67 FR 79533 , Dec. 30, 2002, as amended at 68 FR 15672 , Apr. 1, 2003; 71 FR 38797 , July 10, 2006] § 54.713 Contributors' failure to report or to contribute. ( a ) A contributor that fails to file a Telecommunications Reporting Worksheet and subsequently is billed by the Administrator shall pay the amount for which it is billed. The Administrator may bill a contributor a separate assessment for reasonable costs incurred because of that contributor's filing of an untruthful or inaccurate Telecommunications Reporting Worksheet, failure to file the Telecommunications Reporting Worksheet, or late payment of contributions. Failure to file the Telecommunications Reporting Worksheet or to submit required quarterly contributions may subject the contributor to the enforcement provisions of the Act and any other applicable law. The Administrator shall advise the Commission of any enforcement issues that arise and provide any suggested response. Once a contributor complies with the Telecommunications Reporting Worksheet filing requirements, the Administrator may refund any overpayments made by the contributor, less any fees, interest, or costs. ( b ) If a universal service fund contributor fails to make full payment on or before the date due of the monthly amount established by the contributor's applicable Form 499-A or Form 499-Q, or the monthly invoice provided by the Administrator, the payment is delinquent. All such delinquent amounts shall incur from the date of delinquency, and until all charges and costs are paid in full, interest at the rate equal to the U.S. prime rate (in effect on the date of the delinquency) plus 3.5 percent, as well as administrative charges of collection and/or penalties and charges permitted by the applicable law (e.g., 31 U.S.C. 3717 and implementing regulations). ( c ) If a universal service fund contributor is more than 30 days delinquent in filing a Telecommunications Reporting Worksheet Form 499-A or 499-Q, the Administrator shall assess an administrative remedial collection charge equal to the greater of $100 or an amount computed using the rate of the U.S. prime rate (in effect on the date the applicable Worksheet is due) plus 3.5 percent, of the amount due per the Administrator's calculations. In addition, the contributor is responsible for administrative charges of collection and/or penalties and charges permitted by the applicable law (e.g., 31 U.S.C. 3717 and implementing regulations). The Commission may also pursue enforcement action against delinquent contributors and late filers, and assess costs for collection activities in addition to those imposed by the Administrator. ( d ) In the event a contributor fails both to file the Worksheet and to pay its contribution, interest will accrue on the greater of the amounts due, beginning with the earlier of the date of the failure to file or pay. ( e ) If a universal service fund contributor pays the Administrator a sum that is less than the amount due for the contributor's universal service contribution, the Administrator shall adhere to the “American Rule” whereby payment is applied first to outstanding penalty and administrative cost charges, next to accrued interest, and third to outstanding principal. In applying the payment to outstanding principal, the Administrator shall apply such payment to the contributor's oldest past due amounts first. [ 72 FR 54219 , Sept. 24, 2007] § 54.715 Administrative expenses of the Administrator. ( a ) The annual administrative expenses of the Administrator should be commensurate with the administrative expenses of programs of similar size, with the exception of the salary levels for officers and employees of the Administrator described in paragraph (b) of this section. The annual administrative expenses may include, but are not limited to, salaries of officers and operations personnel, the costs of borrowing funds, equipment costs, operating expenses, directors' expenses, and costs associated with auditing contributors of support recipients. ( b ) All officers and employees of the Administrator may be compensated at an annual rate of pay, including any non-regular payments, bonuses, or other compensation, in an amount not to exceed the rate of basic pay in effect for Level I of the Executive Schedule under 5 U.S.C. 5312 . Note to paragraph ( b ): The compensation to be included when calculating whether an employee's rate of pay exceeds Level I of the Executive Schedule does not include life insurance benefits, retirement benefits (including payments to 401(k) plans), health insurance benefits, or other similar benefits, provided that any such benefits are reasonably comparable to benefits that are provided to employees of the federal government. ( c ) The Administrator shall submit to the Commission projected quarterly budgets at least sixty (60) days prior to the start of every quarter. The Commission must approve the projected quarterly budgets before the Administrator disburses funds under the federal universal service support mechanisms. The administrative expenses incurred by the Administrator in connection with the schools and libraries support mechanism, the rural health care support mechanism, the high-cost support mechanism, and the low income support mechanism shall be deducted from the annual funding of each respective support mechanism. The expenses deducted from the annual funding for each support mechanism also shall include the Administrator's joint and common costs allocated to each support mechanism pursuant to the cost allocation manual filed by the Administrator under § 64.903 of this chapter . [ 63 FR 70576 , Dec. 21, 1998, as amended at 65 FR 38690 , June 21, 2000; 65 FR 57739 , Sept. 26, 2000; 66 FR 59728 , Nov. 30, 2001; 69 FR 5719 , Feb. 6, 2004; 76 FR 73877 , Nov. 29, 2011] § 54.717 Audits of the Administrator. The Administrator shall obtain and pay for an annual audit conducted by an independent auditor to examine its operations and books of account to determine, among other things, whether the Administrator is properly administering the universal service support mechanisms to prevent fraud, waste, and abuse: ( a ) Before selecting an independent auditor, the Administrator shall submit preliminary audit requirements, including the proposed scope of the audit and the extent of compliance and substantive testing, to the Office of Managing Director. ( b ) The Office of Managing Director shall review the preliminary audit requirements to determine whether they are adequate to meet the audit objectives. The Office of Managing Director shall prescribe modifications that shall be incorporated into the final audit requirements. ( c ) After the audit requirements have been approved by the Office of Managing Director, the Administrator shall engage within thirty (30) calendar days an independent auditor to conduct the annual audit required by this paragraph. In making its selection, the Administrator shall not engage any independent auditor who has been involved in designing any of the accounting or reporting systems under review in the audit. ( d ) The independent auditor selected by the Administrator to conduct the annual audit shall be instructed by the Administrator to develop a detailed audit program based on the final audit requirements and shall be instructed by the Administrator to submit the audit program to the Office of Managing Director. The Office of Managing Director shall review the audit program and make modifications, as needed, that shall be incorporated into the final audit program. During the course of the audit, the Office of Managing Director may direct the Administrator to direct the independent auditor to take any actions necessary to ensure compliance with the audit requirements. ( e ) During the course of the audit, the Administrator shall instruct the independent auditor to: ( 1 ) Inform the Office of Managing Director of any revisions to the final audit program or to the scope of the audit; ( 2 ) Notify the Office of Managing Director of any meetings with the Administrator in which audit findings are discussed; and ( 3 ) Submit to the Chief of the Wireline Competition Bureau any accounting or rule interpretations necessary to complete the audit. ( f ) Within 105 calendar days after the end of the audit period, but prior to discussing the audit findings with the Administrator, the independent auditor shall be instructed by the Administrator to submit a draft of the audit report to the Office of Managing Director Audit Staff. ( g ) The Office of Managing Director shall review the audit findings and audit workpapers and offer its recommendations concerning the conduct of the audit or the audit findings to the independent auditor. Exceptions of the Office of Managing Director to the findings and conclusions of the independent auditor that remain unresolved shall be included in the final audit report. ( h ) Within fifteen (15) calendar days after receiving the Office of Managing Director's recommendations and making any revisions to the audit report, the Administrator shall instruct the independent auditor to submit the audit report to the Administrator for its response to the audit findings. At this time the auditor also must send copies of its audit findings to the Office of Managing Director. The Administrator shall provide the independent auditor time to perform additional audit work recommended by the Office of Managing Director. ( i ) Within thirty (30) calendar days after receiving the audit report, the Administrator shall respond to the audit findings and send copies of its response to the Office of Managing Director. The Administrator shall instruct the independent auditor that any reply that the independent auditor wishes to make to the Administrator's responses shall be sent to the Office of Managing Director as well as the Administrator. The Administrator's response and the independent auditor's replies shall be included in the final audit report; ( j ) Within ten (10) calendar days after receiving the response of the Administrator, the independent auditor shall file with the Commission the final audit report. ( k ) Based on the final audit report, the Managing Director may take any action necessary to ensure that the universal service support mechanisms operate in a manner consistent with the requirements of this part, as well as such other action as is deemed necessary and in the public interest. [ 67 FR 13227 , Mar. 21, 2002, as amended at 68 FR 18907 , Apr. 17, 2003; 71 FR 38267 , July 6, 2006; 77 FR 71712 , Dec. 4, 2012] Subpart I—Review of Decisions Issued by the Administrator § 54.719 Parties permitted to seek review of Administrator decision. ( a ) Any party aggrieved by an action taken by the Administrator, as defined in § 54.701 , § 54.703 , or § 54.705 , must first seek review from the Administrator. ( b ) Any party aggrieved by an action taken by the Administrator, after seeking review from the Administrator, may then seek review from the Federal Communications Commission, as set forth in § 54.722 . ( c ) Parties seeking waivers of the Commission's rules shall seek relief directly from the Commission. [ 79 FR 49204 , Aug. 19, 2014] § 54.720 Filing deadlines. ( a ) An affected party requesting review or waiver of an Administrator decision by the Commission pursuant to § 54.719 , shall file such a request within sixty (60) days from the date the Administrator issues a decision. ( b ) An affected party requesting review of an Administrator decision by the Administrator pursuant to § 54.719(a) , shall file such a request within sixty (60) days from the date the Administrator issues a decision. ( c ) In all cases of requests for review filed under § 54.719(a) through (c) , the request for review shall be deemed filed on the postmark date. If the postmark date cannot be determined, the applicant must file a sworn affidavit stating the date that the request for review was mailed. ( d ) Parties shall adhere to the time periods for filing oppositions and replies set forth in 47 CFR 1.45 . [ 80 FR 5991 , Feb. 4, 2015] § 54.721 General filing requirements. ( a ) Except as otherwise provided herein, a request for review of an Administrator decision by the Federal Communications Commission shall be filed with the Federal Communications Commission's Office of the Secretary in accordance with the general requirements set forth in part 1 of this chapter . The request for review shall be captioned “In the matter of Request for Review by (name of party seeking review) of Decision of Universal Service Administrator” and shall reference the applicable docket numbers. ( b ) A request for review pursuant to § 54.719(a) through (c) shall contain: ( 1 ) A statement setting forth the party's interest in the matter presented for review; ( 2 ) A full statement of relevant, material facts with supporting affidavits and documentation; ( 3 ) The question presented for review, with reference, where appropriate, to the relevant Federal Communications Commission rule, Commission order, or statutory provision; ( 4 ) A statement of the relief sought and the relevant statutory or regulatory provision pursuant to which such relief is sought. ( c ) A copy of a request for review that is submitted to the Federal Communications Commission shall be served on the Administrator consistent with the requirement for service of documents set forth in § 1.47 of this chapter . ( d ) If a request for review filed pursuant to § 54.720(a) through (c) alleges prohibitive conduct on the part of a third party, such request for review shall be served on the third party consistent with the requirement for service of documents set forth in § 1.47 of this chapter . The third party may file a response to the request for review. Any response filed by the third party shall adhere to the time period for filing replies set forth in § 1.45 of this chapter and the requirement for service of documents set forth in § 1.47 of this chapter . [ 63 FR 70578 , Dec. 21, 1998, as amended at 68 FR 36944 , June 20, 2003] § 54.722 Review by the Wireline Competition Bureau or the Commission. ( a ) Requests for review of Administrator decisions that are submitted to the Federal Communications Commission shall be considered and acted upon by the Wireline Competition Bureau; provided, however, that requests for review that raise novel questions of fact, law or policy shall be considered by the full Commission. ( b ) An affected party may seek review of a decision issued under delegated authority by the Common Carrier Bureau pursuant to the rules set forth in part 1 of this chapter . [ 63 FR 70578 , Dec. 21, 1998, as amended at 67 FR 13228 , Mar. 21, 2002] § 54.723 Standard of review. ( a ) The Wireline Competition Bureau shall conduct de novo review of request for review of decisions issue by the Administrator. ( b ) The Federal Communications Commission shall conduct de novo review of requests for review of decisions by the Administrator that involve novel questions of fact, law, or policy; provided, however, that the Commission shall not conduct de novo review of decisions issued by the Wireline Competition Bureau under delegated authority. [ 67 FR 13228 , Mar. 21, 2002] § 54.724 Time periods for Commission approval of Administrator decisions. ( a ) The Wireline Competition Bureau shall, within ninety (90) days, take action in response to a request for review of an Administrator decision that is properly before it. The Wireline Competition Bureau may extend the time period for taking action on a request for review of an Administrator decision for a period of up to ninety days. The Commission may also at any time, extend the time period for taking action of a request for review of an Administrator decision pending before the Wireline Competition Bureau. ( b ) The Commission shall issue a written decision in response to a request for review of an Administrator decision that involves novel questions of fact, law, or policy within ninety (90) days. The Commission may extend the time period for taking action on the request for review of an Administrator decision. The Wireline Competition Bureau also may extend action on a request for review of an Administrator decision for a period of up to ninety days. [ 67 FR 13228 , Mar. 21, 2002] § 54.725 Universal service disbursements during pendency of a request for review and Administrator decision. ( a ) When a party has sought review of an Administrator decision under § 54.719(a) through (c) in connection with the schools and libraries support mechanism or the rural health care support mechanism, the Administrator shall not reimburse a service provider for the provision of discounted services until a final decision has been issued either by the Administrator or by the Federal Communications Commission; provided, however, that the Administrator may disburse funds for any amount of support that is not the subject of an appeal. ( b ) When a party has sought review of an Administrator decision under § 54.719(a) through (c) in connection with the high cost and low income support mechanisms, the Administrator shall not disburse support to a service provider until a final decision has been issued either by the Administrator or by the Federal Communications Commission; provided, however, that the Administrator may disburse funds for any amount of support that is not the subject of an appeal. Subpart J—Rural Digital Opportunity Fund Source: 85 FR 13798 , Mar. 10, 2020, unless otherwise noted. § 54.801 Use of competitive bidding for Rural Digital Opportunity Fund. The Commission will use competitive bidding, as provided in part 1, subpart AA of this chapter , to determine the recipients of Rural Digital Opportunity Fund support and the amount of support that they may receive for specific geographic areas, subject to applicable post-auction procedures. § 54.802 Rural Digital Opportunity Fund geographic areas, deployment obligations, and support disbursements. ( a ) Geographic areas eligible for support. Rural Digital Opportunity Fund support may be made available for census blocks or other areas identified as eligible by public notice. ( b ) Term of support. Rural Digital Opportunity Fund support shall be provided for ten years. ( c ) Deployment obligation. ( 1 ) All recipients of Rural Digital Opportunity Fund support must complete deployment to 40 percent of the required number of locations as determined by the Connect America Cost Model by the end of the third year, to 60 percent by the end of the fourth year, and to 80 percent by the end of the fifth year. The Wireline Competition Bureau will publish updated location counts no later than the end of the sixth year. A support recipient's final service milestones will depend on whether the Wireline Competition Bureau determines there are more or fewer locations than determined by the Connect America Cost Model in the relevant areas as follows: ( i ) More Locations. After the Wireline Competition Bureau adopts updated location counts, in areas where there are more locations than the number of locations determined by the Connect America Cost Model, recipients of Rural Digital Opportunity Fund support must complete deployment to 100 percent of the number of locations determined by the Connect America Cost Model by the end of the sixth year. Recipients of Rural Digital Opportunity Fund support must then complete deployment to 100 percent of the additional number of locations determined by the Wireline Competition Bureau's updated location count by end of the eighth year. If the new location count exceeds 35% of the number of locations determined by the Connect America Cost Model within their area in each state, recipients of Rural Digital Opportunity Fund support will have the opportunity to seek additional support or relief. ( ii ) Fewer Locations. In areas where there are fewer locations than the number of locations determined by the Connect America Cost Model, a Rural Digital Opportunity Fund support recipient must notify the Wireline Competition Bureau no later than March 1 following the fifth year of deployment. Upon confirmation by the Wireline Competition Bureau, Rural Digital Opportunity Fund support recipients must complete deployment to the number of locations required by the new location count by the end of the sixth year. Support recipients for which the new location count is less than 65 percent of the Connect America Cost Model locations within their area in each state shall have the support amount reduced on a pro rata basis by the number of reduced locations. ( iii ) Newly Built Locations. In addition to offering the required service to the updated number of locations identified by the Wireline Competition Bureau, Rural Digital Opportunity Fund support recipients must offer service to locations built since the revised count, upon reasonable request. Support recipients are not required to deploy to any location built after milestone year eight. ( d ) Disbursement of Rural Digital Opportunity Fund funding. An eligible telecommunications carrier will be advised by public notice when it is authorized to receive support. The public notice will detail how disbursements will be made. § 54.803 Rural Digital Opportunity Fund provider eligibility. ( a ) Any eligible telecommunications carrier is eligible to receive Rural Digital Opportunity Fund support in eligible areas. ( b ) An entity may obtain eligible telecommunications carrier designation after public notice of winning bidders in the Rural Digital Opportunity Fund auction. ( c ) To the extent any entity seeks eligible telecommunications carrier designation prior to public notice of winning bidders for Rural Digital Opportunity Fund support, its designation as an eligible telecommunications carrier may be conditioned subject to receipt of Rural Digital Opportunity Fund support. ( d ) Any Connect America Phase II auction participant that defaulted on all of its Connect America Phase II auction winning bids is barred from participating in the Rural Digital Opportunity Fund. § 54.804 Rural Digital Opportunity Fund application process. ( a ) In addition to providing information specified in § 1.21001(b) of this chapter and any other information required by the Commission, any applicant to participate in competitive bidding for Rural Digital Opportunity Fund support shall: ( 1 ) Provide ownership information as set forth in § 1.2112(a) of this chapter ; ( 2 ) Certify that the applicant is financially and technically qualified to meet the public interest obligations established for Rural Digital Opportunity Fund support; ( 3 ) Disclose its status as an eligible telecommunications carrier to the extent applicable and certify that it acknowledges that it must be designated as an eligible telecommunications carrier for the area in which it will receive support prior to being authorized to receive support; ( 4 ) Describe the technology or technologies that will be used to provide service for each bid; ( 5 ) Submit any information required to establish eligibility for any bidding weights adopted by the Commission in an order or public notice; ( 6 ) To the extent that an applicant plans to use spectrum to offer its voice and broadband services, demonstrate it has the proper authorizations, if applicable, and access to operate on the spectrum it intends to use, and that the spectrum resources will be sufficient to cover peak network usage and deliver the minimum performance requirements to serve all of the fixed locations in eligible areas, and certify that it will retain its access to the spectrum for the term of support; ( 7 ) Submit operational and financial information. ( i ) If applicable, the applicant should submit a certification that it has provided a voice, broadband, and/or electric transmission or distribution service for at least two years or that it is a wholly-owned subsidiary of such an entity, and specifying the number of years the applicant or its parent company has been operating, and submit the financial statements from the prior fiscal year that are audited by an independent certified public accountant. If the applicant is not audited in the ordinary course of business, in lieu of submitting audited financial statements it must submit unaudited financial statements from the prior fiscal year and certify that it will provide financial statements from the prior fiscal year that are audited by an independent certified public accountant by a specified deadline during the long-form application review process. ( A ) If the applicant has provided a voice and/or broadband service it must certify that it has filed FCC Form 477s as required during this time period. ( B ) If the applicant has operated only an electric transmission or distribution service, it must submit qualified operating or financial reports that it has filed with the relevant financial institution for the relevant time period along with a certification that the submission is a true and accurate copy of the reports that were provided to the relevant financial institution. ( ii ) If an applicant cannot meet the requirements in paragraph (a)(7)(i) of this section, in the alternative it must submit the audited financial statements from the three most recent fiscal years and a letter of interest from a bank meeting the qualifications set forth in paragraph (c)(2) of this section, that the bank would provide a letter of credit as described in paragraph (c) of this section to the bidder if the bidder were selected for bids of a certain dollar magnitude. ( 8 ) Certify that the applicant has performed due diligence concerning its potential participation in the Rural Digital Opportunity Fund. ( b ) Application by winning bidders for Rural Digital Opportunity Fund support— ( 1 ) Deadline. As provided by public notice, winning bidders for Rural Digital Opportunity Fund support or their assignees shall file an application for Rural Digital Opportunity Fund support no later than the number of business days specified after the public notice identifying them as winning bidders. ( 2 ) Application contents. An application for Rural Digital Opportunity Fund support must contain: ( i ) Identification of the party seeking the support, including ownership information as set forth in § 1.2112(a) of this chapter ; ( ii ) Certification that the applicant is financially and technically qualified to meet the public interest obligations for Rural Digital Opportunity Fund support in each area for which it seeks support; ( iii ) Certification that the applicant will meet the relevant public interest obligations, including the requirement that it will offer service at rates that are equal or lower to the Commission's reasonable comparability benchmarks for fixed wireline services offered in urban areas; ( iv ) A description of the technology and system design the applicant intends to use to deliver voice and broadband service, including a network diagram which must be certified by a professional engineer. The professional engineer must certify that the network is capable of delivering, to at least 95 percent of the required number of locations in each relevant state, voice and broadband service that meets the requisite performance requirements for Rural Digital Opportunity Fund support; ( v ) Certification that the applicant will have available funds for all project costs that exceed the amount of support to be received from the Rural Digital Opportunity Fund for the first two years of its support term and that the applicant will comply with all program requirements, including service milestones; ( vi ) A description of how the required construction will be funded, including financial projections that demonstrate the applicant can cover the necessary debt service payments over the life of the loan, if any; ( vii ) Certification that the party submitting the application is authorized to do so on behalf of the applicant; and ( viii ) Such additional information as the Commission may require. ( 3 ) Letter of credit commitment letter. No later than the number of days provided by public notice, the long-form applicant shall submit a letter from a bank meeting the eligibility requirements outlined in paragraph (c) of this section committing to issue an irrevocable stand-by letter of credit, in the required form, to the long-form applicant. The letter shall at a minimum provide the dollar amount of the letter of credit and the issuing bank's agreement to follow the terms and conditions of the Commission's model letter of credit. ( 4 ) Audited financial statements. No later than the number of days provided by public notice, if a long-form applicant or a related entity did not submit audited financial statements in the relevant short-form application as required, the long-form applicant must submit the financial statements from the prior fiscal year that are audited by an independent certified public accountant. ( 5 ) Eligible telecommunications carrier designation. No later than 180 days after the public notice identifying it as a winning bidder, the long-form applicant shall certify that it is an eligible telecommunications carrier in any area for which it seeks support and submit the relevant documentation supporting that certification. ( 6 ) Application processing. ( i ) No application will be considered unless it has been submitted in an acceptable form during the period specified by public notice. No applications submitted or demonstrations made at any other time shall be accepted or considered. ( ii ) Any application that, as of the submission deadline, either does not identify the applicant seeking support as specified in the public notice announcing application procedures or does not include required certifications shall be denied. ( iii ) An applicant may be afforded an opportunity to make minor modifications to amend its application or correct defects noted by the applicant, the Commission, the Administrator, or other parties. Minor modifications include correcting typographical errors in the application and supplying non-material information that was inadvertently omitted or was not available at the time the application was submitted. ( iv ) Applications to which major modifications are made after the deadline for submitting applications shall be denied. Major modifications include, but are not limited to, any changes in the ownership of the applicant that constitute an assignment or change of control, or the identity of the applicant, or the certifications required in the application. ( v ) After receipt and review of the applications, a public notice shall identify each long-form applicant that may be authorized to receive Rural Digital Opportunity Fund support after the long-form applicant submits a letter of credit and an accompanying opinion letter as described in paragraph (c) of this section, in a form acceptable to the Commission. Each such long-form applicant shall submit a letter of credit and accompanying opinion letter as required by paragraph (c) of this section, in a form acceptable to the Commission no later than the number of business days provided by public notice. ( vi ) After receipt of all necessary information, a public notice will identify each long-form applicant that is authorized to receive Rural Digital Opportunity Fund support. ( c ) Letter of credit. Before being authorized to receive Rural Digital Opportunity Fund support, a winning bidder shall obtain an irrevocable standby letter of credit which shall be acceptable in all respects to the Commission. ( 1 ) Value. Each recipient authorized to receive Rural Digital Opportunity Fund support shall maintain the standby letter of credit in an amount equal to, at a minimum, one year of support, until the Universal Service Administrative Company has verified that the recipient has served 100 percent of the Connect America Cost Model-determined location total (or the adjusted Connect America Cost Model location count if there are fewer locations) by the end of year six. ( i ) For year one of a recipient's support term, it must obtain a letter of credit valued at an amount equal to one year of support. ( ii ) For year two of a recipient's support term, it must obtain a letter of credit valued at an amount equal to eighteen months of support. ( iii ) For year three of a recipient's support term, it must obtain a letter of credit valued at an amount equal to two years of support. ( iv ) For year four of a recipient's support term, it must obtain a letter of credit valued at an amount equal to three years of support. ( v ) A recipient may obtain a new letter of credit or renew its existing letter of credit so that it is valued at an amount equal to one year of support once it meets its optional or required service milestones. The recipient may obtain or renew this letter of credit upon verification of its buildout by the Universal Service Administrative Company. The recipient may maintain its letter of credit at this level for the remainder of its deployment term, so long as the Universal Service Administrative Company verifies that the recipient successfully and timely meets its remaining required service milestones. ( vi ) A recipient that fails to meet its required service milestones must obtain a new letter of credit or renew its existing letter of credit at an amount equal to its existing letter of credit, plus an additional year of support, up to a maximum of three years of support. ( vii ) A recipient that fails to meet two or more required service milestones must maintain a letter of credit in the amount of three year of support and may be subject to additional non-compliance penalties as described in § 54.320(d) . ( 2 ) Bank eligibility. The bank issuing the letter of credit shall be acceptable to the Commission. A bank that is acceptable to the Commission is: ( i ) Any United States bank ( A ) That is insured by the Federal Deposit Insurance Corporation, and ( B ) That has a bank safety rating issued by Weiss of B− or better; or ( ii ) CoBank, so long as it maintains assets that place it among the 100 largest United States Banks, determined on basis of total assets as of the calendar year immediately preceding the issuance of the letter of credit and it has a long-term unsecured credit rating issued by Standard & Poor's of BBB− or better (or an equivalent rating from another nationally recognized credit rating agency); or ( iii ) The National Rural Utilities Cooperative Finance Corporation, so long as it maintains assets that place it among the 100 largest United States Banks, determined on basis of total assets as of the calendar year immediately preceding the issuance of the letter of credit and it has a long-term unsecured credit rating issued by Standard & Poor's of BBB− or better (or an equivalent rating from another nationally recognized credit rating agency); or ( iv ) Any non-United States bank: ( A ) That is among the 100 largest non-U.S. banks in the world, determined on the basis of total assets as of the end of the calendar year immediately preceding the issuance of the letter of credit (determined on a U.S. dollar equivalent basis as of such date); ( B ) Has a branch office: ( 1 ) Located in the District of Columbia; or ( 2 ) Located in New York City, New York, or such other branch office agreed to by the Commission, that will accept a letter of credit presentation from the Administrator via overnight courier, in addition to in-person presentations; ( C ) Has a long-term unsecured credit rating issued by a widely-recognized credit rating agency that is equivalent to a BBB− or better rating by Standard & Poor's; and ( D ) Issues the letter of credit payable in United States dollars ( 3 ) Bankruptcy opinion letter. A long-form applicant for Rural Digital Opportunity Fund support shall provide with its letter of credit an opinion letter from its legal counsel clearly stating, subject only to customary assumptions, limitations, and qualifications, that in a proceeding under Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the “Bankruptcy Code”), the bankruptcy court would not treat the letter of credit or proceeds of the letter of credit as property of the winning bidder's bankruptcy estate under section 541 of the Bankruptcy Code. ( 4 ) Non-compliance. .Authorization to receive Rural Digital Opportunity Fund support is conditioned upon full and timely performance of all of the requirements set forth in this section, and any additional terms and conditions upon which the support was granted. ( i ) Failure by a Rural Digital Opportunity Fund support recipient to meet its service milestones for the location totals determined by the Connect America Cost Model, or the location total that is adjusted by the Wireline Competition Bureau for those areas where there are fewer locations than the number of locations determined by the Connect America Cost Model, as required by § 54.802 will trigger reporting obligations and the withholding of support as described in § 54.320(d) . Failure to come into full compliance during the relevant cure period as described in §§ 54.320(d)(1)(iv)(B) or 54.320(d)(2) will trigger a recovery action by the Universal Service Administrative Company as described in § 54.320(d)(1)(iv)(B) or § 54.806(c)(1)(i) , as applicable. If the Rural Digital Opportunity Fund recipient does not repay the requisite amount of support within six months, the Universal Service Administrative Company will be entitled to draw the entire amount of the letter of credit and may disqualify the Rural Digital Opportunity Fund support recipient from the receipt of Rural Digital Opportunity Fund support or additional universal service support. ( ii ) The default will be evidenced by a letter issued by the Chief of the Wireline Competition Bureau, or its respective designees, which letter, attached to a standby letter of credit draw certificate, shall be sufficient for a draw on the standby letter of credit for the entire amount of the standby letter of credit. [ 85 FR 13798 , Mar. 10, 2020, as amended at 85 FR 75822 , Nov. 25, 2020] § 54.805 Rural Digital Opportunity Fund public interest obligations. ( a ) Recipients of Rural Digital Opportunity Fund support are required to offer broadband service with latency suitable for real-time applications, including Voice over internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas, at rates that are reasonably comparable to rates for comparable offerings in urban areas. For purposes of determining reasonable comparable usage capacity, recipients are presumed to meet this requirement if they meet or exceed the usage level announced by public notice issued by the Wireline Competition Bureau. For purposes of determining reasonable comparability of rates, recipients are presumed to meet this requirement if they offer rates at or below the applicable benchmark to be announced annually by public notice issued by the Wireline Competition Bureau, or no more than the non-promotional prices charged for a comparable fixed wireline service in urban areas in the state or U.S. Territory where the eligible telecommunications carrier receives support. ( b ) Recipients of Rural Digital Opportunity Fund support are required to offer broadband service meeting the performance standards for the relevant performance tier. ( 1 ) Rural Digital Opportunity Fund support recipients meeting the minimum performance tier standards are required to offer broadband service at actual speeds of at least 25 Mbps downstream and 3 Mbps upstream and offer a minimum usage allowance of 250 GB per month, or that reflects the average usage of a majority of fixed broadband customers as announced annually by the Wireline Competition Bureau over the 10-year term. ( 2 ) Rural Digital Opportunity Fund support recipients meeting the baseline performance tier standards are required to offer broadband service at actual speeds of at least 50 Mbps downstream and 5 Mbps upstream and offer a minimum usage allowance of 250 GB per month, or that reflects the average usage of a majority of fixed broadband customers as announced annually by the Wireline Competition Bureau over the 10-year term. ( 2 ) Rural Digital Opportunity Fund support recipients meeting the above-baseline performance tier standards are required to offer broadband service at actual speeds of at least 100 Mbps downstream and 20 Mbps upstream and offer at least 2 terabytes of monthly usage. ( 3 ) Rural Digital Opportunity Fund support recipients meeting the Gigabit performance tier standards are required to offer broadband service at actual speeds of at least 1 Gigabit per second downstream and 500 Mbps upstream and offer at least 2 terabytes of monthly usage. ( 4 ) For each of the tiers in paragraphs (b)(1) through (3) of this section, bidders are required to meet one of two latency performance levels: ( i ) Low-latency bidders will be required to meet 95 percent or more of all peak period measurements of network round trip latency at or below 100 milliseconds; and ( ii ) High-latency bidders will be required to meet 95 percent or more of all peak period measurements of network round trip latency at or below 750 ms and, with respect to voice performance, demonstrate a score of four or higher using the Mean Opinion Score (MOS). ( c ) Recipients of Rural Digital Opportunity Fund support are required to bid on category one telecommunications and internet access services in response to a posted FCC Form 470 seeking broadband service that meets the connectivity targets for the schools and libraries universal service support program for eligible schools and libraries (as described in § 54.501 ) located within any area in a census block where the carrier is receiving Rural Digital Opportunity Fund support. Such bids must be at rates reasonably comparable to rates charged to eligible schools and libraries in urban areas for comparable offerings. § 54.806 Rural Digital Opportunity Fund reporting obligations, compliance, and recordkeeping. ( a ) Recipients of Rural Digital Opportunity Fund support shall be subject to the reporting obligations set forth in §§ 54.313 , 54.314 , and 54.316 . ( b ) Recipients of Rural Digital Opportunity Fund support shall be subject to the compliance measures, recordkeeping requirements and audit requirements set forth in § 54.320(a)-(c) . ( c ) Recipients of Rural Digital Opportunity Fund support shall be subject to the non-compliance measures set forth in § 54.320(d) subject to the following modifications related to the recovery of support. ( 1 ) If the support recipient does not report it has come into full compliance after the grace period for its sixth year or eighth year service milestone as applicable or if USAC determines in the course of a compliance review that the eligible telecommunications carrier does not have sufficient evidence to demonstrate that it is offering service to all of the locations required by the sixth or eighth year service milestone as set forth in § 54.320(d)(3) : ( i ) Sixth year service milestone. Support will be recovered as follows after the sixth year service milestone grace period or if USAC later determines in the course of a compliance review that a support recipient does not have sufficient evidence to demonstrate that it was offering service to all of the locations required by the sixth year service milestone: ( A ) If an ETC has deployed to 95 percent or more of the Connect America Cost Model location count or the adjusted Connect America Cost Model location count if there are fewer locations, but less than 100 percent, USAC will recover an amount of support that is equal to 1.25 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations; ( B ) If an ETC has deployed to 90 percent or more of the Connect America Cost Model location count or the adjusted Connect America Cost Model location count if there are fewer locations, but less than 95 percent, USAC will recover an amount of support that is equal to 1.5 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations, plus 5 percent of the support recipient's total Rural Digital Opportunity Fund support authorized over the 10-year support term for that state; ( C ) If an ETC has deployed to fewer than 90 percent of the Connect America Cost Model location count or the adjusted Connect America Cost Model location count if there are fewer locations, USAC will recover an amount of support that is equal to 1.75 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations, plus 10 percent of the support recipient's total Rural Digital Opportunity Fund support authorized over the 10-year support term for that state. ( ii ) Eighth year service milestone. If a Rural Digital Opportunity Fund support recipient is required to serve more new locations than determined by the Connect America Cost Model, support will be recovered as follows after the eighth year service milestone grace period or if USAC later determines in the course of a compliance review that a support recipient does not have sufficient evidence to demonstrate that it was offering service to all of the locations required by the eighth year service milestone: ( A ) If an ETC has deployed to 95 percent or more of its new location count, but less than 100 percent, USAC will recover an amount of support that is equal to the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations; ( B ) If an ETC has deployed to 90 percent or more of its new location count, but less than 95 percent, USAC will recover an amount of support that is equal to 1.25 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations; ( C ) If an ETC has deployed to 85 percent or more of its new location count, but less than 90 percent, USAC will recover an amount of support that is equal to 1.5 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations, plus 5 percent of the support recipient's total Rural Digital Opportunity Fund support authorized over the 10-year support term for that state; ( D ) If an ETC has deployed to less than 85 percent of its new location count, USAC will recover an amount of support that is equal to 1.75 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations, plus 10 percent of the support recipient's total Rural Digital Opportunity Fund support authorized over the 10-year support term for that state. ( 2 ) Any support recipient that believes it cannot meet the third-year service milestone must notify the Wireline Competition Bureau within 10 business days of the third-year service milestone deadline and provide information explaining this expected deficiency. If a support recipient has not made such a notification by March 1 following the third-year service milestone, and has deployed to fewer than 20 percent of the required number of locations by the end of the third year, the recipient will immediately be in default and subject to support recovery. The Tier 4 status six-month grace period as set forth in § 54.320(d)(iv) will not be applicable. Effective Date Note Effective Date Note: At 85 FR 13798 , Mar. 10, 2020, § 54.806 was added. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. Subpart K—Connect America Fund Broadband Loop Support for Rate-of-Return Carriers Source: 66 FR 59728 , Nov. 30, 2001, unless otherwise noted. § 54.901 Calculation of Connect America Fund Broadband Loop Support. ( a ) Connect America Fund Broadband Loop Support (CAF BLS) available to a rate-of-return carrier shall equal the Interstate Common Line Revenue Requirement per Study Area, plus the Consumer Broadband-Only Revenue Requirement per Study Area as calculated in accordance with part 69 of this chapter , minus: ( 1 ) The study area revenues obtained from end user common line charges at their allowable maximum as determined by § 69.104(n) and (o) of this chapter ; ( 2 ) Imputed Consumer Broadband-only Revenues, to be calculated as: ( i ) The lesser of $42 * the number of consumer broadband-only loops * 12 or the Consumer Broadband-Only Revenue Requirement per Study Area; or ( ii ) For the purpose of calculating the reconciliation pursuant to § 54.903(b)(3) , the greater of the amount determined pursuant to paragraph (a)(2)(i) of this section or the carrier's allowable Consumer Broadband-only rate calculated pursuant to § 69.132 of this chapter * the number of consumer broadband-only loops * 12; ( 3 ) The special access surcharge pursuant to § 69.115 of this chapter ; and ( 4 ) The line port costs in excess of basic analog service pursuant to § 69.130 of this chapter . ( b ) For the purpose of calculating support pursuant to paragraph (a) of this section, the Interstate Common Line Revenue Requirement and Consumer Broadband-only Revenue Requirement shall be subject to the limitations set forth in § 54.303 . ( c ) For purposes of calculating the amount of CAF BLS, determined pursuant to paragraph (a) of this section, that a non-price cap carrier may receive, the corporate operations expense allocated to the Common Line Revenue Requirement or the Consumer Broadband-only Loop Revenue Requirement, pursuant to § 69.409 of this chapter , shall be limited to the lesser of: ( 1 ) The actual average monthly per-loop corporate operations expense; or ( 2 ) The portion of the monthly per-loop amount computed pursuant to § 54.1308(a)(4)(ii) that would be allocated to the Interstate Common Line Revenue Requirement or Consumer Broadband-only Loop Revenue Requirement pursuant to § 69.409 of this chapter . ( d ) In calculating support pursuant to paragraph (a) of this section for periods prior to when the tariff charge described in § 69.132 of this chapter becomes effective, only Interstate Common Line Revenue Requirement and Interstate Common line revenues shall be included. ( e ) To the extent necessary for ratemaking purposes, each carrier's CAF BLS shall be attributed as follows: ( 1 ) First, support shall be applied to ensure that the carrier has met its Interstate Common Line Revenue Requirement for the prior period to which true-up payments are currently being applied. ( 2 ) Second, support shall be applied to ensure that the carrier has met its Consumer Broadband-only Loop Revenue Requirement for the prior period to which true-up payments are currently being applied. ( 3 ) Third, support shall be applied to ensure that the carrier will meet, on a forecasted basis, its Interstate Common Line Revenue Requirement during the current tariff year. ( 4 ) Finally, support shall be applied as available to the Consumer Broadband-only Loop Revenue Requirement during the current tariff year. ( f ) CAF BLS Support is subject to a reduction as necessary to meet the overall cap on support established by the Commission for support provided pursuant to this subpart and subpart M of this part . Reductions shall be implemented as follows: ( 1 ) On May 1 of each year, the Administrator will publish a target amount for CAF BLS in the aggregate and the amount of CAF BLS that each study area will receive during the upcoming July 1 to June 30 tariff year. The target amount shall be the forecasted disbursement amount times a reduction factor. The reduction factor shall be the budget amount divided by the total forecasted disbursement amount for both High Cost Loop Support and CAF BLS for recipients in the aggregate. The forecasted disbursement for CAF BLS is the forecasted total disbursements for all recipients of CAF BLS, including both projections and true-ups in the upcoming July 1 to June 30 tariff year. ( 2 ) [Reserved] ( 3 ) The Administrator shall apply a pro rata reduction to CAF BLS for each recipient of CAF BLS as necessary to achieve the target amount. ( 4 ) This paragraph (f) shall not apply to support provided from July 1, 2017 to June 30, 2018. ( g ) For purposes of this subpart and consistent with § 69.132 of this chapter , a consumer broadband-only loop is a line provided by a rate-of-return incumbent local exchange carrier to a customer without regulated local exchange voice service, for use in connection with fixed Broadband Internet access service, as defined in § 8.2 of this chapter . [ 81 FR 24342 , Apr. 25, 2016, as amended at 82 FR 14340 , Mar. 20, 2017; 83 FR 18964 , May 1, 2018; 84 FR 4733 , Feb. 19, 2019] § 54.902 Calculation of CAF BLS Support for transferred exchanges. ( a ) In the event that a rate-of-return carrier receiving CAF BLS acquires exchanges from an entity that also receives CAF BLS, CAF BLS for the transferred exchanges shall be distributed as follows: ( 1 ) Each carrier may report its updated line counts to reflect the transfer in the next quarterly line count filing pursuant to § 54.903(a)(1) that applies to the period in which the transfer occurred. During a transition period from the filing of the updated line counts until the end of the funding year, the Administrator shall adjust the CAF BLS Support received by each carrier based on the updated line counts and the per-line CAF BLS, categorized by customer class and, if applicable, disaggregation zone, of the selling carrier. If the acquiring carrier does not file a quarterly update of its line counts, it will not receive CAF BLS for those lines during the transition period. ( 2 ) Each carrier's projected data for the following funding year filed pursuant to § 54.903(a)(3) shall reflect the transfer of exchanges. ( 3 ) Each carrier's actual data filed pursuant to § 54.903(a)(4) shall reflect the transfer of exchanges. All post-transaction CAF BLS shall be subject to true up by the Administrator pursuant to § 54.903(b)(3) . ( b ) In the event that a rate-of-return carrier receiving CAF BLS acquires exchanges from an entity receiving frozen support, model-based support, or auction-based support, absent further action by the Commission, the exchanges shall receive the same amount of support and be subject to the same public interest obligations as specified pursuant to the frozen, model-based, or auction-based program. ( c ) In the event that an entity other than a rate-of-return carrier acquires exchanges from a rate-of-return carrier, absent further action by the Commission, the carrier will receive model-based support and be subject to public interest obligations as specified in § 54.310 . ( d ) This section does not alter any Commission rule governing the sale or transfer of exchanges, including the definition of “study area” in part 36 of this chapter . [ 81 FR 24343 , Apr. 25, 2016, as amended at 89 FR 25163 , Apr. 10, 2024] § 54.903 Obligations of rate-of-return carriers and the Administrator. Cross Reference Link to an amendment published at 89 FR 25163 , Apr. 10, 2024. ( a ) To be eligible for CAF BLS, each rate-of-return carrier shall make the following filings with the Administrator. ( 1 ) Each rate-of-return carrier shall submit to the Administrator on March 31 of each year the number of lines it served as of the prior December 31, within each rate-of-return carrier study area showing residential and single-line business line counts, multi-line business line counts, and consumer broadband-only line counts separately. For purposes of this report, and for purposes of computing support under this subpart, the residential and single-line business class lines reported include lines assessed the residential and single-line business End User Common Line charge pursuant to § 69.104 of this chapter , the multi-line business class lines reported include lines assessed the multi-line business End User Common Line charge pursuant to § 69.104 of this chapter , and consumer broadband-only lines reported include lines assessed the Consumer Broadband-only Loop rate charged pursuant to § 69.132 of this chapter or provided on a detariffed basis. For purposes of this report, and for purposes of computing support under this subpart, lines served using resale of the rate-of-return local exchange carrier's service pursuant to section 251(c)(4) of the Communications Act of 1934, as amended, shall be considered lines served by the rate-of-return carrier only and must be reported accordingly. ( 2 ) A rate-of-return carrier may submit the information in paragraph (a) of this section in accordance with the schedule in § 54.1306 , even if it is not required to do so. If a rate-of-return carrier makes a filing under this paragraph, it shall separately indicate any lines that it has acquired from another carrier that it has not previously reported pursuant to paragraph (a) of this section, identified by customer class and the carrier from which the lines were acquired. ( 3 ) Each rate-of-return carrier shall submit to the Administrator annually by March 31 projected data necessary to calculate the carrier's prospective CAF BLS, including common line and consumer broadband-only loop cost and revenue data, for each of its study areas in the upcoming funding year. The funding year shall be July 1 of the current year through June 30 of the next year. The data shall be accompanied by a certification that the cost data is compliant with the Commission's cost allocation rules and does not reflect duplicative assignment of costs to the consumer broadband-only loop and special access categories. ( 4 ) Each rate-of-return carrier shall submit to the Administrator on December 31 of each year the data necessary to calculate a carrier's Connect America Fund CAF BLS, including common line and consumer broadband-only loop cost and revenue data, for the prior calendar year. Such data shall be used by the Administrator to make adjustments to monthly per-line CAF BLS amounts to the extent of any differences between the carrier's CAF BLS received based on projected common line cost and revenue data, and the CAF BLS for which the carrier is ultimately eligible based on its actual common line and consumer broadband-only loop cost and revenue data during the relevant period. The data shall be accompanied by a certification that the cost data is compliant with the Commission's cost allocation rules and does not reflect duplicative assignment of costs to the consumer broadband-only loop and special access categories. ( b ) Upon receiving the information required to be filed in paragraph (a) of this section, the Administrator shall: ( 1 ) Perform the calculations described in § 54.901 and distribute support accordingly; ( 2 ) [Reserved] ( 3 ) Perform periodic reconciliation of the CAF BLS provided to each carrier based on projected data filed pursuant to paragraph (a)(3) of this section and the CAF BLS for which each carrier is eligible based on actual data filed pursuant to paragraph (a)(4) of this section; and ( 4 ) Report quarterly to the Commission on the collection and distribution of funds under this subpart as described in § 54.702(h) . Fund distribution reporting will be by state and by eligible telecommunications carrier within the state. [ 81 FR 24343 , Apr. 25, 2016, as amended at 84 FR 4733 , Feb. 19, 2019] Subpart L—Mobility Fund and 5G Fund Source: 76 FR 73877 , Nov. 29, 2011, unless otherwise noted. § 54.1001 Mobility Fund—Phase I. The Commission will use competitive bidding, as provided in part 1, subpart AA, of this chapter, to determine the recipients of support available through Phase I of the Mobility Fund and the amount(s) of support that they may receive for specific geographic areas, subject to applicable post-auction procedures. § 54.1002 Geographic areas eligible for support. ( a ) Mobility Fund Phase I support may be made available for census blocks identified as eligible by public notice. ( b ) Except as provided in § 54.1004 , coverage units for purposes of conducting competitive bidding and disbursing support based on designated road miles will be identified by public notice for each census block eligible for support. § 54.1003 Provider eligibility. ( a ) Except as provided in § 54.1004 , an applicant shall be an Eligible Telecommunications Carrier in an area in order to receive Mobility Fund Phase I support for that area. The applicant's designation as an Eligible Telecommunications Carrier may be conditional subject to the receipt of Mobility Fund support. ( b ) An applicant shall have access to spectrum in an area that enables it to satisfy the applicable performance requirements in order to receive Mobility Fund Phase I support for that area. The applicant shall certify, in a form acceptable to the Commission, that it has received any Commission approvals necessary for such access at the time it applies to participate in competitive bidding and at the time that it applies for support and that it will retain such access for five (5) years after the date on which it is authorized to receive support. Pending requests for such approvals are not sufficient to satisfy this requirement. ( c ) An applicant shall certify that it is financially and technically qualified to provide the services supported by Mobility Fund Phase I in order to receive such support. [ 76 FR 73877 , Nov. 29, 2011, as amended at 77 FR 14303 , Mar. 9, 2012] Effective Date Note Effective Date Note: At 77 FR 14303 , Mar. 9, 2012, § 54.1003(b) was revised. This paragraph contains information and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 54.1004 Service to Tribal Lands. ( a ) A Tribally-owned or -controlled entity that has pending an application to be designated an Eligible Telecommunications Carrier may participate in any Mobility Fund Phase I auction, including any auction for support solely in Tribal lands, by bidding for support in areas located within the boundaries of the Tribal land associated with the Tribe that owns or controls the entity. To bid on this basis, an entity shall certify that it is a Tribally-owned or -controlled entity and identify the applicable Tribe and Tribal lands in its application to participate in the competitive bidding. A Tribally-owned or -controlled entity shall receive Mobility Fund Phase I support only after it has become an Eligible Telecommunications Carrier. ( b ) In any auction for support solely in Tribal lands, coverage units for purposes of conducting competitive bidding and disbursing support based on designated population will be identified by public notice for each census block eligible for support. ( c ) Tribally-owned or -controlled entities may receive a bidding credit with respect to bids for support within the boundaries of associated Tribal lands. To qualify for a bidding credit, an applicant shall certify that it is a Tribally-owned or -controlled entity and identify the applicable Tribe and Tribal lands in its application to participate in the competitive bidding. An applicant that qualifies shall have its bid(s) for support in areas within the boundaries of Tribal land associated with the Tribe that owns or controls the applicant reduced by twenty-five (25) percent or purposes of determining winning bidders without any reduction in the amount of support available. ( d ) A winning bidder for support in Tribal lands shall notify and engage the Tribal governments responsible for the areas supported. ( 1 ) A winning bidder's engagement with the applicable Tribal government shall consist, at a minimum, of discussion regarding: ( i ) A needs assessment and deployment planning with a focus on Tribal community anchor institutions; ( ii ) Feasibility and sustainability planning; ( iii ) Marketing services in a culturally sensitive manner; ( iv ) Rights of way processes, land use permitting, facilities siting, environmental and cultural preservation review processes; and ( v ) Compliance with Tribal business and licensing requirements. ( 2 ) A winning bidder shall notify the appropriate Tribal government of its winning bid no later than five (5) business days after being identified by public notice as a winning bidder. ( 3 ) A winning bidder shall certify in its application for support that it has substantively engaged appropriate Tribal officials regarding the issues specified in § 54.1004(d)(1) , at a minimum, as well as any other issues specified by the Commission, and provide a summary of the results of such engagement. A copy of the certification and summary shall be sent to the appropriate Tribal officials when it is sent to the Commission. ( 4 ) A winning bidder for support in Tribal lands shall certify in its annual report, pursuant to § 54.1009(a)(5) , and prior to disbursement of support, pursuant to § 54.1008(c) , that it has substantively engaged appropriate Tribal officials regarding the issues specified in § 54.1004(d)(1) , at a minimum, as well as any other issues specified by the Commission, and provide a summary of the results of such engagement. A copy of the certification and summary shall be sent to the appropriate Tribal officials when it is sent to the Commission. § 54.1005 Application process. ( a ) Application to participate in competitive bidding for Mobility Fund Phase I support. In addition to providing information specified in § 1.21001(b) of this chapter and any other information required by the Commission, an applicant to participate in competitive bidding for Mobility Fund Phase I support also shall: ( 1 ) Provide ownership information as set forth in § 1.2112(a) of this chapter ; ( 2 ) Certify that the applicant is financially and technically capable of meeting the public interest obligations of § 54.1006 in each area for which it seeks support; ( 3 ) Disclose its status as an Eligible Telecommunications Carrier in any area for which it will seek support or as a Tribal entity with a pending application to become an Eligible Telecommunications Carrier in any such area, and certify that the disclosure is accurate; ( 4 ) Describe the spectrum access that the applicant plans to use to meet obligations in areas for which it will bid for support, including whether the applicant currently holds a license for or leases the spectrum, and certify that the description is accurate and that the applicant will retain such access for at least five (5) years after the date on which it is authorized to receive support; ( 5 ) Certify that it will not bid on any areas in which it has made a public commitment to deploy 3G or better wireless service by December 31, 2012; and ( 6 ) Make any applicable certifications required in § 54.1004 . ( b ) Application by winning bidders for Mobility Fund Phase I support — ( 1 ) Deadline. Unless otherwise provided by public notice, winning bidders for Mobility Fund Phase I support shall file an application for Mobility Fund Phase I support no later than 10 business days after the public notice identifying them as winning bidders. ( 2 ) Application contents. ( i ) Identification of the party seeking the support, including ownership information as set forth in § 1.2112(a) of this chapter . ( ii ) Certification that the applicant is financially and technically capable of meeting the public interest obligations of § 54.1006 in the geographic areas for which it seeks support. ( iii ) Proof of the applicant's status as an Eligible Telecommunications Carrier or as a Tribal entity with a pending application to become an Eligible Telecommunications Carrier in any area for which it seeks support and certification that the proof is accurate. ( iv ) A description of the spectrum access that the applicant plans to use to meet obligations in areas for which it is the winning bidder for support, including whether the applicant currently holds a license for or leases the spectrum, and a certification that the description is accurate and that the applicant will retain such access for at least five (5) years after the date on which it is authorized to receive support. ( v ) A detailed project description that describes the network, identifies the proposed technology, demonstrates that the project is technically feasible, discloses the budget and describes each specific phase of the project, e.g., network design, construction, deployment, and maintenance. The applicant shall indicate whether the supported network will provide third generation (3G) mobile service within the period prescribed by § 54.1006(a) or fourth generation (4G) mobile service within the period prescribed by § 54.1006(b) . ( vi ) Certifications that the applicant has available funds for all project costs that exceed the amount of support to be received from Mobility Fund Phase I and that the applicant will comply with all program requirements. ( vii ) Any guarantee of performance that the Commission may require by public notice or other proceedings, including but not limited to the letters of credit required in § 54.1007 , or a written commitment from an acceptable bank, as defined in § 54.1007(a)(1) , to issue such a letter of credit. ( viii ) Certification that the applicant will offer service in supported areas at rates that are within a reasonable range of rates for similar service plans offered by mobile wireless providers in urban areas for a period extending until five (5) years after the date on which it is authorized to receive support. ( ix ) Any applicable certifications and showings required in § 54.1004 . ( x ) Certification that the party submitting the application is authorized to do so on behalf of the applicant. ( xi ) Such additional information as the Commission may require. ( 3 ) Application processing. ( i ) No application will be considered unless it has been submitted in an acceptable form during the period specified by public notice. No applications submitted or demonstrations made at any other time shall be accepted or considered. ( ii ) Any application that, as of the submission deadline, either does not identify the applicant seeking support as specified in the public notice announcing application procedures or does not include required certifications shall be denied. ( iii ) An applicant may be afforded an opportunity to make minor modifications to amend its application or correct defects noted by the applicant, the Commission, the Administrator, or other parties. Minor modifications include correcting typographical errors in the application and supplying non-material information that was inadvertently omitted or was not available at the time the application was submitted. ( iv ) Applications to which major modifications are made after the deadline for submitting applications shall be denied. Major modifications include, but are not limited to, any changes in the ownership of the applicant that constitute an assignment or change of control, or the identity of the applicant, or the certifications required in the application. ( v ) After receipt and review of the applications, a public notice shall identify each winning bidder that may be authorized to receive Mobility Fund Phase I support after the winning bidder submits a Letter of Credit and an accompanying opinion letter as required by § 54.1007 , in a form acceptable to the Commission, and any final designation as an Eligible Telecommunications Carrier that any Tribally-owned or -controlled applicant may still require. Each such winning bidder shall submit a Letter of Credit and an accompanying opinion letter as required by § 54.1007 , in a form acceptable to the Commission, and any required final designation as an Eligible Telecommunications Carrier no later than 10 business days following the release of the public notice. ( vi ) After receipt of all necessary information, a public notice will identify each winning bidder that is authorized to receive Mobility Fund Phase I support. § 54.1006 Public interest obligations. ( a ) Deadline for construction—3G networks. A winning bidder authorized to receive Mobility Fund Phase I support that indicated in its application that it would provide third generation (3G) service on the supported network shall, no later than two (2) years after the date on which it was authorized to receive support, submit data from drive tests covering the area for which support was received demonstrating mobile transmissions supporting voice and data to and from the network covering 75% of the designated coverage units in the area deemed uncovered, or a higher percentage established by Public Notice prior to the competitive bidding, and meeting or exceeding the following: ( 1 ) Outdoor minimum data transmission rates of 50 kbps uplink and 200 kbps downlink at vehicle speeds appropriate for the roads covered; ( 2 ) Transmission latency low enough to enable the use of real time applications, such as VoIP. ( b ) Deadline for construction—4G networks. A winning bidder authorized to receive Mobility Fund Phase I support that indicated in its application that it would provide fourth generation (4G) service on the supported network shall, no later than three (3) years after the date on which it was authorized to receive support, submit data from drive tests covering the area for which support was received demonstrating mobile transmissions supporting voice and data to and from the network covering 75% of the designated coverage units in the area deemed uncovered, or an applicable higher percentage established by public notice prior to the competitive bidding, and meeting or exceeding the following: ( 1 ) Outdoor minimum data transmission rates of 200 kbps uplink and 768 kbps downlink at vehicle speeds appropriate for the roads covered; ( 2 ) Transmission latency low enough to enable the use of real time applications, such as VoIP. ( c ) Coverage test data. Drive tests submitted in compliance with a recipient's public interest obligations shall cover roads designated in the public notice detailing the procedures for the competitive bidding that is the basis of the recipient's support. Scattered site tests submitted in compliance with a recipient's public interest obligations shall be in compliance with standards set forth in the public notice detailing the procedures for the competitive bidding that is the basis of the recipient's authorized support. ( d ) Collocation obligations. During the period when a recipient shall file annual reports pursuant to § 54.1009 , the recipient shall allow for reasonable collocation by other providers of services that would meet the technological requirements of Mobility Fund Phase I on newly constructed towers that the recipient owns or manages in the area for which it receives support. In addition, during this period, the recipient may not enter into facilities access arrangements that restrict any party to the arrangement from allowing others to collocate on the facilities. ( e ) Voice and data roaming obligations. During the period when a recipient shall file annual reports pursuant to § 54.1009 , the recipient shall comply with the Commission's voice and data roaming requirements that were in effect as of October 27, 2011, on networks that are built through Mobility Fund Phase I support. ( f ) Liability for failing to satisfy public interest obligations. A winning bidder authorized to receive Mobility Fund Phase I support that fails to comply with the public interest obligations in this paragraph or any other terms and conditions of the Mobility Fund Phase I support will be subject to repayment of the support disbursed together with an additional performance default payment. Such a winning bidder may be disqualified from receiving Mobility Fund Phase I support or other USF support. The additional performance default amount will be a percentage of the Mobility Fund Phase I support that the winning bidder has been and is eligible to request be disbursed to it pursuant to § 54.1008 . The percentage will be determined as specified in the public notice detailing competitive bidding procedures prior to the commencement of competitive bidding. The percentage will not exceed twenty percent. § 54.1007 Letter of credit. ( a ) Before being authorized to receive Mobility Fund Phase I support, a winning bidder shall obtain an irrevocable standby letter of credit which shall be acceptable in all respects to the Commission. Each winning bidder authorized to receive Mobility Fund Phase I support shall maintain its standby letter of credit or multiple standby letters of credit in an amount equal to the amount of Mobility Fund Phase I support that the winning bidder has been and is eligible to request be disbursed to it pursuant to § 54.1008 plus the additional performance default amount described in § 54.1006(f) , until at least 120 days after the winning bidder receives its final distribution of support pursuant to § 54.1008(b)(3) . ( 1 ) The bank issuing the letter of credit shall be acceptable to the Commission. A bank that is acceptable to the Commission is ( i ) Any United States Bank that ( A ) Is among the 50 largest United States banks, determined on the basis of total assets as of the end of the calendar year immediately preceding the issuance of the letter of credit, ( B ) Whose deposits are insured by the Federal Deposit Insurance Corporation, and ( C ) Who has a long-term unsecured credit rating issued by Standard & Poor's of A- or better (or an equivalent rating from another nationally recognized credit rating agency); or ( ii ) Any non-U.S. bank that ( A ) Is among the 50 largest non-U.S. banks in the world, determined on the basis of total assets as of the end of the calendar year immediately preceding the issuance of the letter of credit (determined on a U.S. dollar equivalent basis as of such date), ( B ) Has a branch office in the District of Columbia or such other branch office agreed to by the Commission, ( C ) Has a long-term unsecured credit rating issued by a widely-recognized credit rating agency that is equivalent to an A- or better rating by Standard & Poor's, and ( D ) Issues the letter of credit payable in United States dollars. ( 2 ) [Reserved] ( b ) A winning bidder for Mobility Fund Phase I support shall provide with its Letter of Credit an opinion letter from its legal counsel clearly stating, subject only to customary assumptions, limitations, and qualifications, that in a proceeding under Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the “Bankruptcy Code”), the bankruptcy court would not treat the letter of credit or proceeds of the letter of credit as property of the winning bidder's bankruptcy estate under section 541 of the Bankruptcy Code. ( c ) Authorization to receive Mobility Fund Phase I support is conditioned upon full and timely performance of all of the requirements set forth in § 54.1006 and any additional terms and conditions upon which the support was granted. ( 1 ) Failure by a winning bidder authorized to receive Mobility Fund Phase I support to comply with any of the requirements set forth in § 54.1006 or any other term or conditions upon which support was granted, or its loss of eligibility for any reason for Mobility Fund Phase I support, will be deemed an automatic performance default, will entitle the Commission to draw the entire amount of the letter of credit, and may disqualify the winning bidder from the receipt of Mobility Fund Phase I support or additional USF support. ( 2 ) A performance default will be evidenced by a letter issued by the Chief of either the Wireless Bureau or Wireline Bureau or their respective designees, which letter, attached to a standby letter of credit draw certificate, shall be sufficient for a draw on the standby letter of credit for the entire amount of the standby letter of credit. § 54.1008 Mobility Fund Phase I disbursements. ( a ) A winning bidder for Mobility Fund Phase I support will be advised by public notice whether it has been authorized to receive support. The public notice will detail how disbursement will be made available. ( b ) Mobility Fund Phase I support will be available for disbursement to authorized winning bidders in three stages. ( 1 ) One-third of the total possible support, if coverage were to be extended to 100 percent of the units deemed unserved in the geographic area, when the winning bidder is authorized to receive support. ( 2 ) One-third of the total possible support with respect to a specific geographic area when the recipient demonstrates coverage of 50 percent of the coverage requirements of § 54.1006(a) or (b) , as applicable. ( 3 ) The remainder of the total support, based on the final total units covered, when the recipient demonstrates coverage meeting the requirements of § 54.1006(a) or (b) , as applicable. ( c ) A recipient accepting a final disbursement for a specific geographic area based on coverage of less than 100 percent of the units in the area previously deemed unserved waives any claim for the remainder of potential Mobility Fund Phase I support with respect to that area. ( d ) Prior to each disbursement request, a winning bidder for support in a Tribal land will be required to certify that it has substantively engaged appropriate Tribal officials regarding the issues specified in § 54.1004(d)(1) , at a minimum, as well as any other issues specified by the Commission and to provide a summary of the results of such engagement. ( e ) Prior to each disbursement request, a winning bidder will be required to certify that it is in compliance with all requirements for receipt of Mobility Fund Phase I support at the time that it requests the disbursement. § 54.1009 Annual reports. ( a ) A winning bidder authorized to receive Mobility Fund Phase I support shall submit an annual report no later than July 1 in each year for the five years after it was so authorized. Each annual report shall include the following, or reference the inclusion of the following in other reports filed with the Commission for the applicable year: ( 1 ) Electronic Shapefiles site coverage plots illustrating the area newly reached by mobile services at a minimum scale of 1:240,000; ( 2 ) A list of relevant census blocks previously deemed unserved, with road miles and total resident population and resident population residing in areas newly reached by mobile services (based on Census Bureau data and estimates); ( 3 ) If any such testing has been conducted, data received or used from drive tests, or scattered site testing in areas where drive tests are not feasible, analyzing network coverage for mobile services in the area for which support was received; ( 4 ) Certification that the applicant offers service in supported areas at rates that are within a reasonable range of rates for similar service plans offered by mobile wireless providers in urban areas; ( 5 ) Any applicable certifications and showings required in § 54.1004 ; and ( 6 ) Updates to the information provided in § 54.1005(b)(2)(v) . ( b ) The party submitting the annual report must certify that they have been authorized to do so by the winning bidder. ( c ) Each annual report shall be submitted to the Office of the Secretary of the Commission, clearly referencing GN Docket No. 20-104; the Administrator; and the relevant state commissions, relevant authority in a U.S. Territory, or Tribal governments, as appropriate. [ 76 FR 73877 , Nov. 29, 2011, as amended at 77 FR 30915 , May 24, 2012; 85 FR 34527 , June 5, 2020] § 54.1010 Record retention for Mobility Fund Phase I. A winning bidder authorized to receive Mobility Fund Phase I support and its agents are required to retain any documentation prepared for, or in connection with, the award of Mobility Fund Phase I support for a period of not less than ten (10) years after the date on which the winning bidder receives its final disbursement of Mobility Fund Phase I support. § 54.1011 5G Fund. ( a ) The Commission will use competitive bidding, as provided in part 1, subpart AA, of this chapter, to determine the recipients of support available through the 5G Fund and the amount(s) of support that they may receive for specific geographic areas, subject to applicable post-auction procedures. ( b ) 5G Fund support will be awarded in two phases using multi-round, descending clock auctions. ( c ) Areas eligible for 5G Fund Phase I support will be those areas identified by the Office of Economics and Analytics and Wireline Competition Bureau in a public notice as showing a lack of 4G Long Term Evolution (LTE) and 5G coverage on an unsubsidized basis based on the mobile broadband coverage maps created by the Commission using coverage data submitted in the Digital Opportunity Data Collection pursuant to § 1.7004(c)(3) . ( d ) The Commission will incorporate an adjustment factor into the 5G Fund auction design that will assign a weight to each geographic area eligible in the 5G Fund Phase I auction using the adjustment factor values adopted by the Office of Economics and Analytics and Wireline Competition Bureau and announced in a public notice. ( e ) The Commission will incorporate an adjustment factor into the methodology for disaggregation of high-cost legacy support pursuant to § 54.307(e)(5)(iii) and (e)(5)(iv) that will assign a weight to each geographic area using the adjustment factor values adopted by the Office of Economics and Analytics and Wireline Competition Bureau and announced in a public notice. § 54.1012 Geographic areas eligible for support. ( a ) 5G Fund support will be made available for geographic areas identified as eligible by public notice. ( b ) Coverage units for purposes of conducting competitive bidding and disbursing support based on square kilometers will be identified by public notice for each area eligible for support. § 54.1013 Applicant eligibility. ( a ) An applicant for 5G Fund support shall be an eligible telecommunications carrier in an area in order to receive 5G Fund support for that area. The applicant may obtain its designation as an eligible telecommunications carrier after the close of a 5G Fund auction, provided that the applicant submits proof of its designation within 180 days after the release of the public notice identifying the applicant as a winning bidder. The eligible telecommunications carrier service area of a 5G Fund support recipient will not be required to conform to the service area of the rural telephone company serving the same area. An applicant for 5G Fund support shall not receive such support prior to the submission of proof of its designation as an eligible telecommunications carrier. After such submission, the eligible telecommunications carrier shall receive a balloon payment that will consist of the carrier's monthly 5G Fund support amount multiplied by the number of whole months between the first day of the month after the close of the auction and the issuance of the public notice authorizing the carrier to receive 5G Fund support. ( b ) An applicant must have exclusive access to Commission licensed spectrum and sufficient bandwidth in an area that enables it to satisfy the performance requirements specified in § 54.1015 in order to receive 5G Fund support for that area. The applicant shall describe its access to spectrum as specified in § 54.1014(a)(3) and certify, in a form acceptable to the Commission, that it has such access and sufficient bandwidth (at a minimum, 10 megahertz x 10 megahertz using frequency division duplex (FDD) or 20 megahertz using time division duplex (TDD)) in each area in which it intends to bid for support at the time it applies to participate in competitive bidding, and that it will retain such access for at least ten (10) years after the date on which it is authorized to receive support. A winning bidder that applies for 5G Fund support applicant shall describe its access to spectrum as specified in § 54.1014(b)(2)(v) at the time it applies for support and certify, in a form acceptable to the Commission, that it has such access and sufficient bandwidth (at a minimum, 10 megahertz x 10 megahertz using frequency division duplex (FDD) or 20 megahertz using time division duplex (TDD)) in each area in which it is applying for support, and that it will retain such access for at least ten (10) years after the date on which it is authorized to receive support. ( c ) An applicant shall certify that it is financially and technically qualified to provide the services supported by the 5G Fund within the ten (10) year support term in each geographic area for which it seeks and is authorized to receive support. § 54.1014 Application process. ( a ) Application to participate in competitive bidding for 5G Fund support. In addition to providing the information specified in § 1.21001(b) of this chapter and any other information required by the Commission, an applicant to participate in competitive bidding for 5G Fund support shall: ( 1 ) Certify that the applicant is financially and technically capable of meeting the public interest obligations and performance requirements in § 54.1015 in each area for which it seeks support; ( 2 ) Disclose its status as an eligible telecommunications carrier in any area for which it will seek support and associated study area code(s) or as an entity that will file an application to become an eligible telecommunications carrier in any such area after being identified as a winning bidder for such area in a 5G Fund auction, and certify that the disclosure is accurate; ( 3 ) Describe the Commission licensed spectrum to which the applicant has exclusive access that the applicant plans to use to meet its public interest obligations and performance requirements in areas for which it will bid for support, including whether the applicant currently holds a license for or leases the spectrum, including any necessary renewal expectancy, and whether such spectrum access is contingent upon receiving support in a 5G Fund auction, the license applicable to the spectrum to be accessed, the type of service covered by the license, the particular frequency band(s), the call sign, and the total amount of bandwidth (in megahertz) to which the applicant has access under the license applicable to the spectrum to be accessed, and certify that the description is accurate, that the applicant has access to spectrum in each area for which it intends to bid for support, and that the applicant will retain such access for at least ten (10) years after the date on which it is authorized to receive 5G Fund support; ( 4 ) Submit specified operational and financial information; ( i ) Indicate whether the applicant has been providing mobile wireless voice and/or mobile wireless broadband service for at least three years prior to the short-form application deadline (or is a wholly-owned subsidiary of an entity that has been providing such service for at least three years). An applicant for a 5G Fund auction will be deemed to have started providing mobile wireless broadband service on the date it began commercially offering service to end users. If the applicant is applying as a consortium or joint venture, the applicant will be permitted to rely on the length of time a member of the consortium or joint venture has been providing mobile service prior to the short-form application deadline in responding to this question; ( ii ) If the applicant has been providing mobile wireless voice and/or mobile wireless broadband service for at least three years prior to the short-form application deadline (or is a wholly-owned subsidiary of an entity that has been providing such service for at least three years), it must: ( A ) Certify that the applicant has been providing mobile wireless voice and/or mobile wireless broadband service for at least three years prior to the short-form application deadline (or is a wholly-owned subsidiary of an entity that has been providing such service for at least three years), ( B ) Specify the number of years it (or its parent company, if it is a wholly-owned subsidiary) has been providing such service, ( C ) Certify that it (or its parent company, if it is a wholly-owned subsidiary) has submitted mobile wireless voice and/or mobile wireless broadband data as required on FCC Form 477 and/or in the Digital Opportunity Data Collection, as applicable, during that time period, ( D ) Provide each of the FCC Registration Numbers (FRNs) that the applicant or its parent company (and in the case of a holding company applicant, its operating companies) has used to submit mobile wireless voice and/or mobile wireless broadband data on FCC Form 477 and/or in the Digital Opportunity Data Collection, as applicable, during that time period. ( iii ) If the applicant has been providing mobile wireless voice and/or mobile wireless broadband service for fewer than three years prior to the application deadline (or is not a wholly-owned subsidiary of an entity that has been providing such service for at least three years), it must: ( A ) submit information concerning its operational history and a preliminary project description as prescribed by the Commission or the Office of Economics and Analytics and the Wireline Competition Bureau in a public notice; ( B ) submit a letter of interest from a qualified bank that meets the qualifications set forth in § 54.1016 stating that the bank would provide a letter of credit as described in section to the applicant if the applicant becomes a winning bidder for bids of a certain dollar magnitude, as well as the maximum dollar amount for which the bank would be willing to issue a letter of credit to the applicant; and ( C ) submit a statement that the bank would be willing to issue a letter of credit that is substantially in the same form as the Commission's model letter of credit. ( 5 ) Certify that it will be subject to a forfeiture pursuant to § 1.21004 in the event of an auction default; and ( 6 ) Certify that the party submitting the application is authorized to do so on behalf of the applicant. ( b ) Application by winning bidders for 5G Fund support — ( 1 ) Deadline. Unless otherwise provided by public notice, winning bidders for 5G Fund support shall file an application for 5G Fund support no later than ten (10) business days after the public notice identifying them as winning bidders. ( 2 ) Application contents. An application for 5G Fund support must contain: ( i ) Identification of the party seeking the support, including ownership information as set forth in § 1.2112(a) of this chapter ; ( ii ) Updated information regarding the agreements, arrangements, or understandings related to 5G Fund support disclosed in the application to participate in competitive bidding for 5G Fund support. A winning bidder may also be required to disclose in its application for 5G Fund support the specific terms, conditions, and parties involved in any agreement into which it has entered and the agreement itself; ( iii ) Certification that the applicant is financially and technically capable of providing the required coverage and performance levels within the specified timeframe in the geographic areas in which it won support; ( iv ) Proof of the applicant's status as an eligible telecommunications carrier, or a statement that the applicant will become an eligible telecommunications carrier in any area for which it seeks support within 180 days of the public notice identifying them as winning bidders, and certification that the proof is accurate; ( v ) A description of the Commission licensed spectrum to which the applicant has exclusive access that the applicant plans to use to meet its public interest obligations and performance requirements in areas for which it is winning bidder for support, including whether the applicant currently holds a license for or leases the spectrum, along with any necessary renewal expectancy, the license applicable to the spectrum to be accessed, the type of service covered by the license, the particular frequency band(s), the call sign, and the total amount of bandwidth (in megahertz) to which the applicant has access under the license applicable to the spectrum to be accessed, and certification that the description is accurate, that the winning bidder has access to spectrum in each area for which it is applying for support, and that the applicant will retain such access for the entire ten (10) year 5G Fund support term; ( vi ) A detailed project description that describes the network to be built, identifies the proposed technology, demonstrates that the project is technically feasible, discloses the complete project budget, and discusses each specific phase of the project ( e.g., network design, construction, deployment, and maintenance), as well as a complete project schedule, including timelines, milestones, and costs; ( vii ) Certifications that the applicant has available funds for all project costs that exceed the amount of support to be received from 5G Fund and that the applicant will comply with all program requirements, including the public interest obligations and performance requirements set forth in § 54.1015 ; ( viii ) Any guarantee of performance that the Commission may require by public notice or other proceedings, including but not limited to the letters of credit and opinion letter required in § 54.1016 , or a written commitment from an acceptable bank, as defined in § 54.1016 , to issue such a letter of credit; ( ix ) Certification that the applicant will offer services in supported areas at rates that are reasonably comparable to the rates the applicant charges in urban areas; ( x ) Certification that the party submitting the application is authorized to do so on behalf of the applicant; and ( xi ) Such additional information as the Commission may require. ( 3 ) Application processing. ( i ) No application will be considered unless it has been submitted in an acceptable form during the period specified by public notice. No applications submitted or demonstrations made at any other time shall be accepted or considered. ( ii ) Any application that, as of the submission deadline, either does not identify the applicant seeking support as specified in the public notice announcing application procedures, or does not include required certifications, shall be denied. ( iii ) An applicant may be afforded an opportunity to make minor modifications to amend its application or correct defects noted by the applicant, the Commission, the Administrator, or other parties. Minor modifications include correcting typographical errors in the application and supplying non-material information that was inadvertently omitted or was not available at the time the application was submitted. ( iv ) Applications to which major modifications are made after the deadline for submitting applications shall be denied. Major modifications include, but are not limited to, any changes in the ownership of the applicant that constitute an assignment or change of control, or the identity of the applicant, or the certifications required in the application. ( v ) After receipt and review of the applications, a public notice shall identify each winning bidder that may be authorized to receive 5G Fund support, after the winning bidder submits a Letter of Credit and an accompanying opinion letter from its outside legal counsel as required by § 54.1016 , in a form acceptable to the Commission, and any final designation as an eligible telecommunications carrier that any applicant may still require. Each such winning bidder shall submit a Letter of Credit and an accompanying opinion letter from its outside legal counsel as required by § 54.1016 , in a form acceptable to the Commission, and any required final designation as an eligible telecommunications carrier no later than ten (10) business days following the release of the public notice. ( vi ) After receipt of all necessary information, a public notice will identify each winning bidder that is authorized to receive 5G Fund support. Effective Date Note Effective Date Note: At 85 FR 75822 , Nov. 25, 2020, § 54.1014 was revised, however, paragraphs (a) and (b)(2) have a delayed effective date. § 54.1015 Public interest obligations and performance requirements for 5G Fund support recipients. ( a ) General. A 5G Fund support recipient shall deploy voice and data services that meet at least the 5G-NR (New Radio) technology standards developed by the 3rd Generation Partnership Project with Release 15, or any successor release that may be adopted by the Office of Economics and Analytics and the Wireline Competition Bureau after notice and comment. ( b ) Interim and final service milestones and deadlines. A 5G Fund support recipient shall deploy 5G service as specified in paragraph (a) of this section as follows: ( 1 ) Year three interim service milestone deadline. A support recipient shall deploy service that meets the 5G Fund performance requirements as specified in paragraph (c) of this section to at least 40 percent of the total square kilometers associated with the eligible areas for which it is authorized to receive 5G Fund support in a state no later than December 31 of the third full calendar year following authorization of support. ( 2 ) Year four interim service milestone deadline. A support recipient shall deploy service that meets the 5G Fund performance requirements as specified in paragraph (c) of this section to at least 60 percent of the total square kilometers associated with the eligible areas for which it is authorized to receive 5G Fund support in a state no later than December 31 of the fourth full calendar year following authorization of support. ( 3 ) Year five interim service milestone deadline. A recipient shall deploy service that meets the 5G Fund performance requirements as specified in paragraph (c) of this section to at least 80 percent of the total square kilometers associated with the eligible areas for which it is authorized to receive 5G Fund support in a state no later than December 31 of the fifth full calendar year following authorization of support. ( 4 ) Year six final service milestone deadline. A support recipient shall deploy service that meets the 5G Fund performance requirements as specified in paragraph (c) of this section to at least 85 percent of the total square kilometers associated with the eligible areas for which it is authorized to receive 5G Fund support in a state no later than December 31 of the sixth full calendar year following funding authorization. In addition, a recipient shall deploy service meeting the 5G Fund performance requirements as specified in paragraph (c) of this section to at least 75 percent of the total square kilometers associated with every census tract or census block group for which it was authorized to receive 5G Fund support no later than December 31 of the sixth full calendar year following authorization of support. ( 5 ) Optional year two interim service milestone deadline. A support recipient may, at its option, deploy service that meets the 5G Fund performance requirements as specified in paragraph (c) of this section to at least 20 percent of the total square kilometers associated with the eligible areas for which it is authorized to receive 5G Fund support in a state no later than December 31 of the second full calendar year following funding authorization. Meeting this optional interim service milestone would permit the support recipient, after confirmation of the service deployment by the Administrator, to reduce its letter of credit so that it is valued at an amount equal to one year of support as described in § 54.1016(a)(1)(v) . ( c ) Performance requirements. A recipient authorized to receive 5G Fund support shall meet the following minimum baseline performance requirements for data speeds, data latency, and data allowances in areas where it receives support: ( 1 ) Median of 35 Mbps download and 3 Mbps upload, and with at least 90 percent of measurements recording data transmission rates of not less than 7 Mbps download and 1 Mbps upload; and ( 2 ) Transmission latency of 100 milliseconds or less round trip for successfully transmitted measurements ( i.e., ignoring lost or timed-out packets), with at least 90 percent of measurements recording latency of 100 milliseconds or less round trip. ( 3 ) At least one service plan offered must include a data allowance that is equivalent to the average United States subscriber data usage as specified by public notice. ( d ) Collocation obligations. During the 5G Fund support term, a recipient authorized to receive 5G Fund support shall allow for reasonable collocation by other carriers of services that would meet the technological requirements of the 5G Fund on all newly constructed cell-site infrastructure constructed with universal service funds that it owns or manages in the area(s) for which it receives 5G Fund support. In addition, during the 5G Fund support term, the recipient may not enter into facilities access arrangements that restrict any party to the arrangement from allowing others to collocate on the newly constructed cell-site infrastructure. ( e ) Voice and data roaming obligations. A recipient authorized to receive 5G Fund support shall comply with the Commission's voice and data roaming requirements that are currently in effect on networks that are built with 5G Fund support. ( f ) Reasonably comparable rates. A recipient authorized to receive 5G Fund support shall offer its services in the areas for which it is authorized to receive support at rates that are reasonably comparable to those rates offered in urban areas and must advertise the voice and broadband services it offers in its subsidized service areas. A 5G Fund support recipient's rates shall be considered reasonably comparable to urban rates, based upon the most recently available decennial U.S. Census Bureau data identifying areas as urban, if rates for services in rural areas fall within a reasonable range of urban rates for reasonably comparable voice and broadband services. ( 1 ) If the recipient offers service in urban areas, it may demonstrate that it offers reasonably comparable rates if it offers the same rates, terms, and conditions (including usage allowances, if any, for a specific rate) in both urban and rural areas or if one of the carrier's rural stand-alone voice service plans and one rural service plan offering data are substantially similar to plans it offers in urban areas. ( 2 ) If the recipient does not offer service in urban areas, it may demonstrate that it offers reasonably comparable rates by identifying a carrier that does offer service in urban areas and the specific rate plans to which its rural plans are reasonably comparable, along with submission of corroborating evidence that its rates are reasonably comparable, such as marketing materials from the identified carrier. ( g ) Liability for failure to comply with performance requirements and public interest obligations. A support recipient that fails to comply with the performance requirements set forth in paragraph (c) of this section is subject to the non-compliance measures set forth in § 54.1020 . A support recipient that fails to comply with the public interest obligations or any other terms and conditions associated with receiving 5G Fund support may be subject to action, including the Commission's existing enforcement procedures and penalties, reductions in support amounts, revocation of eligible telecommunications carrier designation, and suspension or debarment pursuant to § 54.8 . § 54.1016 Letter of credit. ( a ) Before being authorized to receive 5G Fund support, a winning bidder shall obtain an irrevocable standby letter of credit which shall be acceptable in all respects to the Commission. ( 1 ) Each winning bidder that becomes authorized to receive 5G Fund support shall maintain the standby letter of credit in an amount equal to, at a minimum, one year of support, until the Administrator has verified that the support recipient serves at least 85 percent of the eligible square kilometers for which it is authorized to receive support in a state, and at least 75 percent of the eligible square kilometers in each eligible census tract, by the Year Six Final Service Milestone.. ( i ) For Year One of a support recipient's support term, it must obtain a letter of credit valued at an amount equal to one year of support. ( ii ) For Year Two of a support recipient's support term, it must obtain a letter of credit valued at an amount equal to eighteen months of support. ( iii ) For Year Three of a support recipient's support term, it must obtain a letter of credit valued at an amount equal to two years of support. ( iv ) For Year Four of a support recipient's support term, and for each year thereafter unless the support recipient is allowed to reduce it pursuant to § 54.1015(b) , it must obtain a letter of credit valued at an amount equal to three years of support. ( v ) A support recipient may obtain a new letter of credit or renew its existing letter of credit so that it is valued at an amount equal to one year of support once it meets its optional or required service milestones as specified in § 54.1015(b) . The recipient may obtain or renew this letter of credit upon verification by the Administrator that it has deployed service that meets the 5G Fund deadlines as specified in § 54.1015(b) and performance requirements as specified in § 54.1015(c) . The recipient may maintain its letter of credit at this level for the remainder of its deployment term, so long as the Administrator verifies that the recipient successfully and timely meets its remaining required interim and final service milestones. ( vi ) A support recipient that fails to meet its required interim service milestones must obtain a new letter of credit or renew its existing letter of credit valued at an amount equal to its existing letter of credit, plus an additional year of support, up to a maximum of three years of support. ( vii ) A support recipient that fails to meet two or more required interim service milestones must maintain a letter of credit valued at an amount equal to three years of support and may be subject to additional noncompliance penalties as set forth in § 54.1020 . ( 2 ) The bank issuing the letter of credit shall be acceptable to the Commission. A bank that is acceptable to the Commission is: ( i ) Any United States bank: ( A ) That is insured by the Federal Deposit Insurance Corporation, and ( B ) That has a bank safety rating issued by Weiss of B−or better; or ( ii ) CoBank, so long as it maintains assets that place it among the 100 largest United States Banks, determined on basis of total assets as of the calendar year immediately preceding the issuance of the letter of credit and it has a long-term unsecured credit rating issued by Standard & Poor's of BBB− or better (or an equivalent rating from another nationally recognized credit rating agency); or ( iii ) The National Rural Utilities Cooperative Finance Corporation, so long as it maintains assets that place it among the 100 largest United States Banks, determined on basis of total assets as of the calendar year immediately preceding the issuance of the letter of credit and it has a long-term unsecured credit rating issued by Standard & Poor's of BBB− or better (or an equivalent rating from another nationally recognized credit rating agency); or ( iv ) Any non-United States bank: ( A ) That is among the 100 largest non-U.S. banks in the world, determined on the basis of total assets as of the end of the calendar year immediately preceding the issuance of the letter of credit (determined on a U.S. dollar equivalent basis as of such date); ( B ) Has a branch office (i) Located in the District of Columbia; or (ii) Located in New York City, New York, or such other branch office agreed to by the Commission, that will accept a letter of credit presentation from the Administrator via overnight courier, in addition to in-person presentations; and ( C ) Has a long-term unsecured credit rating issued by a widely recognized credit rating agency that is equivalent to a BBB− or better rating by Standard & Poor's; and ( D ) Issues the letter of credit payable in United States dollars. ( b ) Before being authorized to receive 5G Fund support, a winning bidder shall obtain an opinion letter from its outside legal counsel clearly stating, subject only to customary assumptions, limitations, and qualifications, that in a proceeding under Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the “Bankruptcy Code”), that the bankruptcy court would not treat the letter of credit or proceeds of the letter of credit as property of the winning bidder's bankruptcy estate, or the bankruptcy estate of any other winning bidder-related entity requesting issuance of the letter of credit, under section 541 of the Bankruptcy Code. ( c ) Authorization to receive 5G Fund support is conditioned upon full and timely performance of all of the performance requirements set forth in § 54.1015(c) , and any additional terms and conditions upon which the support was granted. ( 1 ) Failure by a 5G Fund support recipient to meet any of the service milestones set forth in § 54.1015(b) will trigger reporting obligations and the withholding of support as described in § 54.1020 . Failure to come into full compliance during the relevant cure period as described in § 54.1020(b)(4)(ii) or § 54.1020(c) will trigger a recovery action by the Administrator set forth in § 54.1020(b)(4)(ii) or § 54.1020(c) , as applicable. If the recipient authorized to receive 5G Fund support does not repay the requisite amount of support within six months, the Administrator will be entitled to draw upon the entire amount of the letter of credit and may disqualify the 5G Fund support recipient from the receipt of 5G Fund support or additional universal service support. ( 2 ) The default will be evidenced by a letter issued by the Chief of the Wireline Competition Bureau, or its respective designees, which letter, describing the performance default and attached to a standby letter of credit draw certificate, shall be sufficient for a draw on the standby letter of credit for the entire amount of the standby letter of credit. Effective Date Note Effective Date Note: At 85 FR 75822 , Nov. 25, 2020, § 54.1016 was revised, however, paragraph (b) has a delayed effective date. § 54.1017 5G Fund support disbursements. ( a ) A winning bidder of 5G Fund support will be advised by public notice whether it has been authorized to receive support. ( b ) 5G Fund support will be disbursed on a monthly basis to a recipient for ten (10) years following the date on which it is authorized to receive support. ( c ) If a 5G Fund support recipient fails to comply with the performance requirements of the 5G Fund, the Administrator shall reduce, pause, or freeze, the monthly payments to the recipient until the recipient cures the non-compliance, as provided in § 54.1020 . As set forth in § 54.1015(g) , if a support recipient fails to comply with the public interest obligations or any other terms and conditions associated with receiving 5G Fund support , it may be subject reductions or suspension of support amounts. ( d ) A winning bidder of 5G Fund support may not use such support to fulfill any enforceable commitments with the Commission to deploy 5G service. § 54.1018 Annual reports. ( a ) A 5G Fund support recipient authorized to receive 5G Fund support shall submit an annual report to the Administrator no later than July 1 of each year after the year in which it was authorized to receive support. Each support recipient shall certify in its annual report that it is in compliance with the public interest obligations, performance requirements, and all of the terms and conditions associated with the receipt of 5G Fund support in order to continue receiving 5G Fund support disbursements. ( b ) All 5G Fund support recipients shall supplement the information provided in an annual report to the Administrator within 10 business days from the onset of any reduction in the percentage of the total eligible square kilometers being served in a state after the filing of an annual certification report or in the event of any failure to comply with any of the 5G Fund requirements. ( c ) The party submitting the annual report must certify that it has been authorized to do so by the 5G Fund support recipient. ( d ) Each annual report shall be submitted solely via the Administrator's online portal. ( 1 ) The Commission and the Administrator shall treat infrastructure data submitted as part of such a report as presumptively confidential. ( 2 ) The Administrator shall make such reports available to the Commission and to the relevant state, territory, and Tribal governmental entities, as applicable. ( e ) A 5G Fund support recipient shall have a continuing obligation to maintain the accuracy and completeness of the information provided in its annual reports. Any substantial change in the accuracy or completeness of any annual report must be reported as an update to the submitted annual report within ten (10) business days after the reportable event occurs. ( f ) The Commission shall retain the authority to look behind 5G Fund support recipients' annual reports and to take action to address any violations. Effective Date Note Effective Date Note: At 85 FR 75822 , Nov. 25, 2020, § 54.1018 was revised, however, paragraphs (a), (b) and (c) have a delayed effective date. § 54.1019 Interim service and final service milestone reports. ( a ) A recipient authorized to receive 5G Fund support shall submit a report to the Administrator on or before March 1 after the third, fourth, fifth, and sixth service milestone deadlines established in § 54.1015(b) demonstrating that it has deployed service meeting the 5G Fund performance requirements specified in § 54.1015(c) , which shall include the following: ( 1 ) Certifications to representative data submitted in the Digital Opportunity Data Collection or as part of FCC Form 477, as applicable, demonstrating mobile transmissions to and from the network that establish compliance with the 5G Fund coverage, speed, and latency requirements; ( 2 ) On-the-ground measurement tests to substantiate 5G broadband coverage data: ( i ) With at least three tests conducted per square kilometer, measured by overlaying a uniform grid of one square kilometer (1 km by 1 km) on the recipient's submitted in-vehicle 5G coverage maps within the area for which 5G Fund support was awarded; ( ii ) For a subset of drive-testable grid cells, such that the minimum percentage of drive-testable grid cells tested equals the minimum percentage of coverage required for each service buildout milestone ( i.e., interim milestones of 40 percent, 60 percent, and 80 percent, and the final milestone of 85 percent), with previously reported testing being cumulative; and ( iii ) Where a drive-testable grid cell is any grid cell that has more than the de minimis amount of total roads specified in a public notice, based upon the most recent roadway data from the U.S. Census Bureau available for this purpose, considering roads classified in the primary road (S1100), secondary road (S1200), local road (S1400), and service drive (S1640) categories. ( 3 ) Detailed cell-site and sector infrastructure information; and ( 4 ) Additional information as required by the Commission in a public notice. ( b ) All data submitted and certified to in compliance with a recipient's public interest obligations in the milestone report shall be in compliance with standards set forth in the applicable public notice and shall be certified by a professional engineer. ( c ) Each service milestone report shall be submitted solely via the Administrator's online portal. ( d ) All data submitted in and certified to in any service milestone report shall be subject to verification by the Administrator for compliance with the 5G Fund performance requirements specified in § 54.1015(c) . Effective Date Note Effective Date Note: At 85 FR 75822 , Nov. 25, 2020, § 54.1019 was revised, however, paragraphs (a)(1) through (a)(4) have a delayed effective date. § 54.1020 Non-compliance measures for 5G Fund support recipients. ( a ) General. A 5G Fund support recipient that has not deployed service that meets the 5G Fund performance requirements specified in § 54.1015(c) to at least 20 percent of the total square kilometers associated with the eligible areas for which it is authorized to receive support in a state by the Year Three Interim Service Milestone deadline must notify the Commission and the Administrator within ten (10) business days after the Year Three Interim Service Milestone deadline that it failed to meet this milestone. Upon such notification, the support recipient will be deemed to be in default. The Wireline Competition Bureau will issue a letter evidencing the default and the support recipient will be subject to full support recovery. The provisions of paragraph (b) of this section will not be applicable to such a support recipient. ( b ) Interim service milestones. A 5G Fund support recipient must notify the Commission, the Administrator, and the relevant state, U.S. Territory, or Tribal government, if applicable, within ten (10) business days after the applicable interim service milestone deadline if it has failed to meet an interim milestone. Upon notification that a support recipient has defaulted on an interim service milestone, the Wireline Competition Bureau will issue a letter evidencing the default. For purposes of determining whether a default has occurred, the support recipient must be offering service meeting the requisite performance requirements specified in § 54.1015(c) . The issuance of this letter shall initiate reporting obligations and withholding of a percentage of the 5G Fund support recipient's total monthly 5G Fund support, if applicable, starting the month after issuance of the letter: ( 1 ) Tier 1. If a support recipient has a compliance gap of at least five percent but less than 15 percent of the total square kilometers associated with the eligible areas in a state for which it is to have deployed service that meets the 5G Fund performance requirements specified in § 54.1015(c) by the interim service milestone, the Wireline Competition Bureau will issue a letter to that effect. Starting three months after the issuance of this letter, a support recipient will be required to file a report with the Administrator every three months that identifies the eligible square kilometers to which the support recipient has newly deployed facilities capable of delivering service that meets the requisite 5G Fund performance requirements in the previous quarter. The support recipient must continue to file quarterly reports until it has reported, and the Administrator has verified, that it has reduced the compliance gap to less than five percent of the total square kilometers associated with the eligible areas for which it is authorized to receive support in a state by that interim service milestone and the Wireline Competition Bureau issues a letter to that effect. A support recipient that files a quarterly report late, but within seven days after the due date established by the letter issued by the Wireline Competition Bureau for filing the report, will have its 5G Fund support reduced by an amount equivalent to seven days of support. If a support recipient does not file a report within seven days after the report's due date, it will have its 5G Fund support reduced on a pro-rata daily basis equivalent to the period of non-compliance, plus the minimum seven-day reduction, until such time as the quarterly report is filed. ( 2 ) Tier 2. If a support recipient has a compliance gap of at least 15 percent but less than 25 percent of the total square kilometers associated with the eligible areas in a state for which it is to have deployed service that meets the 5G Fund performance requirements specified in § 54.1015(c) by the interim service milestone, the Administrator will withhold 15 percent of the support recipient's monthly support for that state and the support recipient will be required to file quarterly reports with the Administrator. Once the support recipient has reported, and the Administrator has verified, that it has reduced the compliance gap to less than 15 percent of the required eligible square kilometers for that interim service milestone for that state, the Wireline Competition Bureau will issue a letter to that effect, the Administrator will stop withholding support, and the support recipient will receive all of the support that had been withheld. The support recipient will then move to Tier 1 status. ( 3 ) Tier 3. If a support recipient has a compliance gap of at least 25 percent but less than 50 percent of the total square kilometers associated with the eligible areas in a state for which it is to have deployed service that meets the 5G Fund performance requirements specified in § 54.1015(c) by the interim service milestone, the Administrator will withhold 25 percent of the support recipient's monthly support for that state and the support recipient will be required to file quarterly reports with the Administrator. Once the support recipient has reported, and the Administrator has verified, that it has reduced the compliance gap to less than 25 percent of the required eligible square kilometers for that interim service milestone for that state, the Wireline Competition Bureau will issue a letter to that effect, and the support recipient will move to Tier 2 or Tier 1 status, as applicable. ( 4 ) Tier 4. If a support recipient has a compliance gap of 50 percent or more of the total square kilometers associated with the eligible areas in a state for which it is to have deployed service that meets the 5G Fund performance requirements specified in § 54.1015(c) by the interim service milestone: ( i ) The Administrator will withhold 50 percent of the support recipient's monthly support for that state and the support recipient will then be required to file quarterly reports with the Administrator. As with the other tiers, as the support recipient reports, and the Administrator verifies, that it has lessened the extent of its non-compliance, and the Wireline Competition Bureau issues a letter to that effect, it will move through the tiers until it reaches Tier 1 (or no longer is out of compliance with the applicable interim service milestone). ( ii ) If after having 50 percent of its support withheld for six months, the support recipient has not reported that it is eligible for Tier 3 status (or one of the lower tiers), the Administrator will withhold 100 percent of the support recipient's forthcoming monthly support for that state and will commence a recovery action for a percentage of support that is equal to the support recipient's compliance gap plus 10 percent of the support recipient's support in that state that has been disbursed to that date. ( 5 ) If at any point prior to the Year Six Final Service Milestone the support recipient reports, and the Administrator verifies, that it is eligible for Tier 1 status or that it is no longer out of compliance with the 5G Fund performance requirements specified in § 54.1015(c) , it will have its support fully restored and the Administrator will repay any funds that were recovered or withheld. ( c ) Year six final service milestone. A 5G Fund support recipient must notify the Commission, the Administrator, and the relevant state, U.S. Territory, or Tribal government, if applicable, within 10 business days if it has failed to meet the Year Six Final Milestone. Upon notification that the support recipient has not met the Year Six Final Service Milestone, the support recipient will have twelve months from the date of the Year Six Final Milestone deadline to come into full compliance with this milestone. If the support recipient does not report that it has come into full compliance with the Year Six Final Milestone within twelve months, as verified by the Administrator, the Wireline Competition Bureau will issue a letter to this effect. Recipients of 5G Fund support shall be subject to the following non-compliance measures related to the recovery of support after this grace period: ( 1 ) If a support recipient has deployed service that meets the 5G Fund performance requirements specified in § 54.1015(c) to at least 80 percent of the total eligible square kilometers in a state, but less than the required 85 percent of the total eligible square kilometers in that state, the Administrator will recover an amount of support that is equal to 1.25 times the average amount of support per square kilometer that the support recipient has received in the state times the number of square kilometers unserved up to the 85 percent requirement; ( 2 ) If a support recipient has deployed service that meets the 5G Fund performance requirements specified in § 54.1015(c) to at least 75 percent, but less than 80 percent, of the total eligible square kilometers in that state, the Administrator will recover an amount of support that is equal to 1.5 times the average amount of support per square kilometer that the support recipient has received in the state times the number of square kilometers unserved up to the 85 percent requirement, plus 5 percent of the support recipient's total 5G Fund support for the 10 year support term for that state; ( 3 ) If a support recipient has deployed service that meets the 5G Fund performance requirements specified in § 54.1015(c) to less than 75 percent of the total eligible square kilometers in a state, the Administrator will recover an amount of support that is equal to 1.75 times the average amount of support per square kilometer that the support recipient has received in the state times the number of square kilometers unserved up to the 85 percent requirement, plus 10 percent of the support recipient's total 5G Fund support for the 10 year support term for that state. ( d ) Additional evidence required at year six final service milestone deadline. At the Year Six Final Service Milestone deadline, a 5G Fund support recipient is also required to provide evidence, which is subject to verification by the Administrator, that it has provided service that meets the 5G Fund performance requirements specified in § 54.1015(c) to at least 75 percent of the total square kilometers for each census tract or census tract group in which it was authorized to receive support. If after the grace period permitted in paragraph (c) of this section the Administrator has not verified based on the evidence provided that the support recipient has provided service that meets the 5G Fund performance requirements specified in § 54.1015(c) to at least 75 percent of the total square kilometers for each census tract or census tract group in which it was authorized to receive support, the Administrator will recover an amount of support that is equal to 1.5 times the average amount of support per square kilometer that the support recipient had received in the eligible area times the number of square kilometers unserved within that eligible area, up to the 75 percent requirement. ( e ) Compliance reviews. If the Administrator determines subsequent to the Year Six Final Service Milestone that a support recipient does not have sufficient evidence to demonstrate that it continues to offer service that meets the 5G Fund performance requirements specified in § 54.1015(c) to all of the eligible square kilometers in the state as required by the Year Six Final Service Milestone, the Administrator shall immediately recover a percentage of support from the support recipient as specified in paragraphs (c)(1) through (c)(3) and (d) of this section. Effective Date Note Effective Date Note: At 85 FR 75822 , Nov. 25, 2020, § 54.1020 was revised, however, paragraphs (a), (b), and (c)(1) and (c)(2) have a delayed effective date. § 54.1021 Record retention for the 5G Fund. A recipient authorized to receive 5G Fund support and its agents are required to retain any documentation prepared for, or in connection with, the award of the 5G Fund support for a period of not less than ten (10) years after the date on which the recipient receives its final disbursement of 5G Fund support. Subpart M—High Cost Loop Support for Rate-of-Return Carriers Source: 79 FR 39190 , July 9, 2014, unless otherwise noted. § 54.1301 General. ( a ) This subpart addresses support for loop-related costs included in § 54.1308 . The expense adjustment calculated pursuant to this subpart M shall be added to interstate expenses and deducted from state expenses after expenses and taxes have been apportioned pursuant to subpart D of part 36 of this chapter . Beginning January 1, 2012, this subpart will only apply to incumbent local exchange carriers that are rate-of-return carriers not affiliated, as “affiliated companies” are defined in § 32.9000 of this chapter , with price cap local exchange carriers. Rate-of-return carriers and price cap local exchange carriers are defined pursuant to § 54.5 and § 61.3(bb) of this chapter , respectively. ( b ) The expense adjustment will be computed on the basis of data for a preceding calendar year. [ 79 FR 39190 , July 9, 2014, as amended at 89 FR 25163 , Apr. 10, 2024] § 54.1302 Calculation of incumbent local exchange carrier portion of nationwide loop cost expense adjustment for rate-of-return carriers. ( a ) Beginning January 1, 2013, and each calendar year thereafter, the total annual amount of the incumbent local exchange carrier portion of the nationwide loop cost expense adjustment shall not exceed the amount for the immediately preceding calendar year, multiplied times one plus the Rural Growth Factor calculated pursuant to § 54.1303 . Beginning January 1, 2021, and each calendar year thereafter, the base amount of the nationwide loop cost expense adjustment shall be the annualized amount of the final six months of the preceding calendar year. The total amount of the incumbent local exchange carrier portion of the nationwide loop cost expense adjustment for the first six months of the calendar year shall be the base amount divided by two and for the second six months of the calendar year shall be the base amount divided by two, multiplied times one plus the Rural Growth Factor calculated pursuant to § 54.1303 . ( b ) The annual rural incumbent local exchange carrier portion of the nationwide loop cost expense adjustment shall be reduced to reflect the transfer of rural incumbent local exchange carrier access lines that are eligible for expense adjustments pursuant to § 54.1310 . The reduction shall equal the amount of the § 54.1310 expense adjustment available to the transferred access lines at the time of the transfer and shall be effective in the next calendar quarter after the access lines are transferred. ( c ) Safety net additive support calculated pursuant to § 54.1304 , and transferred high-cost support and safety valve support calculated pursuant to § 54.305 of this part shall not be included in the rural incumbent local exchange carrier portion of the annual nationwide loop cost expense adjustment. [ 79 FR 39190 , July 9, 2014, as amended at 89 FR 25163 , Apr. 10, 2024] § 54.1303 Calculation of the rural growth factor. ( a ) The Rural Growth Factor (RGF) is equal to the sum of the annual percentage change in the United States Department of Commerce's Gross Domestic Product—Chained Price Index (GPD-CPI) plus the percentage change in the total number of rural incumbent local exchange carrier working loops during the calendar year preceding the July 31st filing submitted pursuant to § 54.1305 . The percentage change in total rural incumbent local exchange carrier working loops shall be based upon the difference between the total number of rural incumbent local exchange carrier working loops on December 31 of the calendar year preceding the July 31st filing and the total number of rural incumbent local exchange carrier working loops on December 31 of the second calendar year preceding that filing, both determined by the company's submissions pursuant to § 54.1305 . Loops acquired by rural incumbent local exchange carriers shall not be included in the RGF calculation. ( b ) Beginning July 31, 2012, pursuant to § 54.1301(a) , the calculation of the Rural Growth Factor shall not include price cap carrier working loops and rate-of-return local exchange carrier working loops of companies that were affiliated with price cap carriers during the calendar year preceding the July 31st filing submitted pursuant to § 54.1305 . § 54.1304 Calculation of safety net additive. ( a ) Safety net additive support. Only those local exchange carriers that qualified for safety net additive based on 2011 or prior year costs shall be eligible to receive safety net additive pursuant to paragraph (c) of this section. A local exchange carrier shall not receive safety net additive unless the carrier's realized total growth in Telecommunications Plant in Service (TPIS) was more than 14 percent in 2011 or earlier, pursuant to paragraph (c) of this section. ( b ) Calculation of safety net additive support for companies that qualified based on 2011 or prior year costs. Safety net additive support is equal to the amount of capped support calculated pursuant to this subpart M in the qualifying year minus the amount of support in the year prior to qualifying for support subtracted from the difference between the uncapped expense adjustment for the study area in the qualifying year minus the uncapped expense adjustment in the year prior to qualifying for support as shown in the following equation: Safety net additive support = (Uncapped support in the qualifying year−Uncapped support in the base year)−(Capped support in the qualifying year−Amount of support received in the base year). ( c ) Operation of safety net additive support for companies that qualified based on 2011 or prior year costs. ( 1 ) In any year in which the total carrier loop cost expense adjustment is limited by the provisions of § 54.1302 , a rate-of-return incumbent local exchange carrier shall receive safety net additive support as calculated in paragraph (b) of this section, if in any study area, the rural incumbent local exchange carrier realizes growth in end of period TPIS, as prescribed in § 32.2001 , on a per loop basis, of at least 14 percent more than the study area's TPIS per loop investment at the end of the prior period. ( 2 ) If paragraph (c)(1) of this section is met, the rural incumbent local exchange carrier must notify the Administrator; failure to properly notify the Administrator of eligibility shall result in disqualification of that study area for safety net additive, requiring the rural incumbent local exchange carrier to again meet the eligibility requirements in paragraph (c)(1) of this section for that study area in a subsequent period. ( 3 ) Upon completion of verification by the Administrator that the study area meets the stated criterion in paragraphs (a) , (b) , or (c) of this section, the Administrator shall: ( i ) Pay to any qualifying rural telephone company safety net additive support for the qualifying study area in accordance with the calculation set forth in paragraph (b) of this section; and ( ii ) Continue to pay safety net additive support in any of the four succeeding years in which the total carrier loop expense adjustment is limited by the provisions of § 54.1302 . Safety net additive support in the succeeding four years shall be the lesser of: ( A ) The sum of capped support and the safety net additive support received in the qualifying year; or ( B ) The rural telephone company's uncapped support. § 54.1305 Submission of information to the National Exchange Carrier Association (NECA). ( a ) In order to allow determination of the study areas and wire centers that are entitled to an expense adjustment pursuant to § 54.1310 , each incumbent local exchange carrier (LEC) must provide the National Exchange Carrier Association (NECA) (established pursuant to part 69 of this chapter ) with the information listed for each study area in which such incumbent LEC operates, with the exception of the information listed in paragraph (h) of this section, which must be provided for each study area. This information is to be filed with NECA by July 31st of each year. Rural telephone companies that acquired exchanges subsequent to May 7, 1997, and incorporated those acquired exchanges into existing study areas shall separately provide the information required by paragraphs (b) through (i) of this section for both the acquired and existing exchanges. ( b ) Unseparated, i.e., state and interstate, gross plant investment in Exchange Line Cable and Wire Facilities (C&WF) Subcategory 1.3 and Exchange Line Central Office (CO) Circuit Equipment Category 4.13. This amount shall be calculated as of December 31st of the calendar year preceding each July 31st filing. ( c ) Unseparated accumulated depreciation and noncurrent deferred federal income taxes, attributable to Exchange Line C&WF Subcategory 1.3 investment, and Exchange Line CO Circuit Equipment Category 4.13 investment. These amounts shall be calculated as of December 31st of the calendar year preceding each July 31st filing, and shall be stated separately. ( d ) Unseparated depreciation expense attributable to Exchange Line C&WF Subcategory 1.3 investment, and Exchange Line CO Circuit Equipment Category 4.13 investment. This amount shall be the actual depreciation expense for the calendar year preceding each July 31st filing. ( e ) Unseparated maintenance expense attributable to Exchange Line C&WF Subcategory 1.3 investment and Exchange Line CO Circuit Equipment Category 4.113 investment. This amount shall be the actual repair expense for the calendar year preceding each July 31st filing. ( f ) Unseparated corporate operations expenses, operating taxes, and the benefits and rent proportions of operating expenses. The amount for each of these categories of expense shall be the actual amount for that expense for the calendar year preceding each July 31st filing. The amount for each category of expense listed shall be stated separately. ( g ) Unseparated gross telecommunications plant investment. This amount shall be calculated as of December 31st of the calendar year preceding each July 31st filing. ( h ) Unseparated accumulated depreciation and noncurrent deferred federal income taxes attributable to local unseparated telecommunications plant investment. This amount shall be calculated as of December 31st of the calendar year preceding each July 31st filing. ( i ) The number of working loops for each study area. For universal service support purposes, working loops are defined as the number of working Exchange Line C&WF loops used jointly for exchange and message telecommunications service, including C&WF subscriber lines associated with pay telephones in C&WF Category 1, but excluding WATS closed end access and TWX service. These figures shall be calculated as of December 31st of the calendar year preceding each July 31st filing. ( j ) The number of consumer broadband-only loops for each study area, as defined in § 54.901(g) , calculated as of December 31st of the calendar year preceding each July 31st filing. [ 79 FR 39190 , July 9, 2014, as amended at 83 FR 18964 , May 1, 2018; 89 FR 25163 , Apr. 10, 2024] § 54.1306 Updating Information Submitted to the National Exchange Carrier Association. Cross Reference Link to an amendment published at 89 FR 25163 , Apr. 10, 2024. ( a ) Any incumbent local exchange carrier subject to § 54.1301(a) may update the information submitted to the National Exchange Carrier Association (NECA) on July 31st pursuant to § 54.1305 one or more times annually on a rolling year basis according to the schedule. ( 1 ) Submit data covering the last nine months of the previous calendar year and the first three months of the existing calendar year no later than September 30th of the existing year; ( 2 ) Submit data covering the last six months of the previous calendar year and the first six months of the existing calendar year no later than December 30th of the existing year; ( 3 ) Submit data covering the last three months of the second previous calendar year and the first nine months of the previous calendar year no later than March 30th of the existing year. ( b ) [Reserved] § 54.1307 Submission of Information by the National Exchange Carrier Association. ( a ) On October 1 of each year, the National Exchange Carrier Association (NECA) shall file with the Commission and Administrator the information listed below. Information filed with the Commission shall be compiled from information provided to NECA by telephone companies pursuant to § 54.1305 . ( 1 ) The unseparated loop cost for each study area and a nationwide-average unseparated loop cost. ( 2 ) The annual amount of the high cost expense adjustment for each study area, and the total nationwide amount of the expense adjustment. ( 3 ) The dollar amount and percentage of the increase in the nationwide average unseparated loop cost, as well as the dollar amount and percentage increase for each study area, for the previous 5 years, or the number of years NECA has been receiving this information, whichever is the shorter time period. ( b ) [Reserved] § 54.1308 Study Area Total Unseparated Loop Cost. ( a ) For the purpose of calculating the expense adjustment, the study area total unseparated loop cost equals the sum of the following, however, subject to the limitations set forth in § 54.303 : ( 1 ) Return component for net unseparated Exchange Line C&WF subcategory 1.3 investment and Exchange Line CO Circuit Equipment Category 4.13 investment. This amount is calculated by deducting the accumulated depreciation and noncurrent deferred Federal income taxes attributable to C&WF Subcategory 1.3 investment and Exchange Line Category 4.13 circuit investment reported pursuant to § 54.1305(b) from the gross investment in Exchange Line C&WF Subcategory 1.3 and CO Category 4.13 reported pursuant to § 54.1305(a) to obtain the net unseparated C&WF Subcategory 1.3 investment, and CO Category 4.13 investment. The net unseparated C&WF Subcategory 1.3 investment and CO Category 4.13 investment is multiplied by the study area's authorized interstate rate of return. ( 2 ) Depreciation expense attributable to C&WF Subcategory 1.3 investment, and CO Category 4.13 investment as reported in § 54.1305(c) . ( 3 ) Maintenance expense attributable to C&WF Subcategory 1.3 investment, and CO Category 4.13 investment as reported in § 54.1305(d) . ( 4 ) Corporate Operations Expenses, Operating Taxes and the benefits and rent portions of operating expenses, as reported in § 54.1305(e) attributable to investment in C&WF Category 1.3 and COE Category 4.13. This amount is calculated by multiplying the total amount of these expenses and taxes by the ratio of the unseparated gross exchange plant investment in C&WF Category 1.3 and COE Category 4.13, as reported in § 54.1305(a) , to the unseparated gross telecommunications plant investment, as reported in § 54.1305(f) . Total Corporate Operations Expense for purposes of calculating high-cost loop support payments beginning January 1, 2012 shall be limited to the lesser of § 54.1308(a)(4)(i) or (ii) . ( i ) The actual average monthly per-loop Corporate Operations Expense; or ( ii ) A monthly per-loop amount computed according to paragraphs (a)(4)(ii)(A) through (D) of this section. To the extent that some carriers' corporate operations expenses are disallowed pursuant to these limitations, the national average unseparated cost per loop shall be adjusted accordingly. For the purposes of this paragraph (a)(4)(ii) , “total eligible lines” refers to working loops as defined by this subpart and consumer broadband-only loops, as defined in § 54.901(g) . ( A ) For study areas with 6,000 or fewer total eligible lines, the monthly per-loop amount shall be $42.337 − (.00328 × the number of total eligible lines), or, $63,000/the number of total eligible lines, whichever is greater; ( B ) For study areas with more than 6,000 but fewer than 17,887 total eligible lines, the monthly per-loop amount shall be $3.007 + (117,990/the number of total eligible lines); and ( C ) For study areas with 17,887 or more total eligible lines, the monthly per-loop amount shall be $9.562. ( D ) Beginning January 1, 2013, the monthly per-loop amount computed according to paragraphs (a)(4)(ii)(A) , (a)(4)(ii)(B) , and (a)(4)(ii)(C) of this section shall be adjusted each year to reflect the annual percentage change in the United States Department of Commerce's Gross Domestic Product-Chained Price Index (GDP-CPI). ( b ) [Reserved] [ 79 FR 39190 , July 9, 2014, as amended at 81 FR 24344 , Apr. 25, 2016; 83 FR 18964 , May 1, 2018] § 54.1309 National and study area average unseparated loop costs. ( a ) National average unseparated loop cost per working loop. Except as provided in paragraphs (c) and (d) of this section, this is equal to the sum of the Loop Costs for each study area in the country as calculated pursuant to § 54.1308(a) divided by the sum of the working loops reported in § 54.1305(h) for each study area in the country. The national average unseparated loop cost per working loop shall be calculated by the National Exchange Carrier Association. Until June 30, 2015 the national average unseparated loop cost for purposes of calculating expense adjustments for rural incumbent local exchange carriers, as that term is defined in § 54.5 is frozen at $240.00. ( 1 ) The national average unseparated loop cost per working loop shall be recalculated by the National Exchange Carrier Association to reflect the September, December, and March update filings. ( 2 ) Each new nationwide average shall be used in determining the additional interstate expense allocation for companies which made filings by the most recent filing date. ( 3 ) The calculation of a new national average to reflect the update filings shall not affect the amount of the additional interstate expense allocation for companies which did not make an update filing by the most recent filing date. ( b ) Study area average unseparated loop cost per working loop. This is equal to the unseparated loop costs for the study area as calculated pursuant to § 54.1308(a) divided by the number of working loops reported in § 54.1305(i) for the study area. ( c ) Until June 30, 2015, the national average unseparated loop Cost per working loop shall be the greater of: ( 1 ) The amount calculated pursuant to the method described in paragraph (a) of this section; or ( 2 ) An amount calculated to produce the maximum rural incumbent local exchange carrier portion of the nationwide loop cost expense adjustment allowable pursuant to § 54.1302(a) . ( d ) Beginning July 1, 2015, the national average unseparated loop cost per working loop shall be frozen at the national average unseparated loop cost per working loop as recalculated by the National Exchange Carrier Association to reflect the March 2015 update filing. [ 79 FR 39190 , July 9, 2014, as amended at 80 FR 4479 , Jan. 27, 2015; 89 FR 25163 , Apr. 10, 2024] § 54.1310 Expense adjustment. ( a ) Until June 30, 2015, for study areas reporting 200,000 or fewer working loops pursuant to § 54.1305(h) , the expense adjustment (additional interstate expense allocation) is equal to the sum of paragraphs (a)(1) and (2) of this section. ( 1 ) Sixty-five percent of the study area average unseparated loop cost per working loop as calculated pursuant to § 54.1309(b) in excess of 115 percent of the national average for this cost but not greater than 150 percent of the national average for this cost as calculated pursuant to § 54.1309(a) multiplied by the number of working loops reported in § 54.1305(h) for the study area; and ( 2 ) Seventy-five percent of the study area average unseparated loop cost per working loop as calculated pursuant to § 54.1309(b) in excess of 150 percent of the national average for this cost as calculated pursuant to § 54.1309(a) multiplied by the number of working loops reported in § 54.1305(h) for the study area. ( b ) Beginning July 1, 2015, the expense adjustment for each study area calculated pursuant to paragraph (a) of this section will be adjusted as follows: ( 1 ) If the aggregate expense adjustments for all study areas exceed the maximum rural incumbent local exchange carrier portion of nationwide loop cost expense adjustment allowable pursuant to § 54.1302(a) (the HCLS cap), then each study area's expense adjustment will be reduced by multiplying it by the ratio of the HCLS cap to the aggregate expense adjustments for all study areas. ( 2 ) If the aggregate expense adjustments for all study areas are less than the HCLS cap set pursuant to § 54.1302(a) , then the expense adjustments for all study areas pursuant to paragraph (a) of this section shall be recalculated using a cost per loop calculated to produce an aggregate amount equal to the HCLS cap in place of the national average cost per loop. ( c ) [Reserved] ( d ) High Cost Loop Support is subject to a reduction as necessary to meet the overall cap on support established by the Commission for support provided pursuant to this subpart and subpart K of this chapter. Reductions shall be implemented as follows: ( 1 ) On May 1 of each year, the Administrator will publish an annual target amount for High-Cost Loop Support in the aggregate. The target amount shall be the forecasted disbursement amount times a reduction factor. The reduction factor shall be the budget amount divided by the total forecasted disbursement amount for both High Cost Loop Support and Broadband Loop Support for recipients in the aggregate. The forecasted disbursement for High Cost Loop Support is the High Cost Loop Support cap determined pursuant to § 54.1302 as reflected in the most recent annual filing pursuant to § 54.1305 . ( 2 ) Each January 1 and July 1, the Administrator shall apply a pro rata reduction to High Cost Loop Support for each recipient of High Cost Loop Support as necessary to achieve the target amount. ( 3 ) This paragraph (d) shall not apply to support provided from July 1, 2017 to June 30, 2018. [ 80 FR 4479 , Jan. 27, 2015, as amended at 81 FR 24344 , Apr. 25, 2016; 83 FR 18965 , May 1, 2018; 84 FR 4733 , Feb. 19, 2019; 89 FR 25163 , Apr. 10, 2024] Subpart O—Uniendo a Puerto Rico Fund and Connect USVI Fund Source: 84 FR 59963 , Nov. 7, 2019, unless otherwise noted. § 54.1501 Uniendo a Puerto Rico Fund and Connect USVI Fund—Stage 2 for service to fixed locations. The Commission will use a competitive application process to determine the recipients of high-cost universal service support for offering voice and broadband service to fixed locations, and the amount of support that they may receive from Stage 2 of the fixed Uniendo a Puerto Rico Fund and of the fixed Connect USVI Fund for specific geographic areas in Puerto Rico and the U.S. Virgin Islands, respectively, subject to applicable procedures following the selection of competitive applications. § 54.1502 Geographic areas eligible for Stage 2 fixed support. High-cost universal service support may be made available for Stage 2 of the fixed Uniendo a Puerto Rico Fund and the fixed Connect USVI Fund for all areas of Puerto Rico and the U.S. Virgin Islands, respectively, as announced by public notice. § 54.1503 Geographic area and locations to be served by Stage 2 fixed support recipients. ( a ) For Stage 2 of the fixed Uniendo a Puerto Rico Fund, proposals will be accepted for each municipio in Puerto Rico. ( b ) For Stage 2 of the fixed Connect USVI Fund, proposals will be accepted for one geographic area composed of St. John and St. Thomas islands together, and a second geographic area of St. Croix island. ( c ) For both Funds, all locations must be served within each defined geographic area by the deployment milestone as defined in § 54.1506 . The number of supported locations will be identified for each geographic area in the territories by public notice. § 54.1504 Term of Stage 2 fixed support, phase-down of legacy fixed support, and reporting obligations for phase-down support recipient. ( a ) Term of support. Support awarded through Stage 2 of the fixed Uniendo a Puerto Rico Fund and of the fixed Connect USVI Fund shall be provided for ten years. ( b ) Phase-down of legacy support. Stage 2 of the fixed Uniendo a Puerto Rico Fund and of the fixed Connect USVI Fund shall replace the legacy frozen high-cost support for the Territories. Beginning on a date determined by the Wireline Competition Bureau and announced by public notice following authorization of a winning application, frozen support recipient carriers will receive 2 ⁄ 3 frozen fixed support amortized for the first 12 months following the date announced by public notice; and 1 ⁄ 3 frozen fixed support amortized over the second 12-month period. Beginning June 1, 2023, legacy frozen support recipient carriers that continue receiving phase-down legacy support for use in accordance with applicable rules shall be authorized to continue to receive 1 ⁄ 3 frozen fixed support for the geographic areas in which it was not selected as the winning applicant of the Stage 2 competitive process. The frozen support recipient carriers shall receive a monthly support amount equal to the amortized monthly 1 ⁄ 3 frozen fixed support amount until December 31, 2025, and zero frozen support thereafter. [ 84 FR 59963 , Nov. 7, 2019, as amended at 88 FR 29000 , May 5, 2023] § 54.1505 Stage 2 fixed support application process. ( a ) Provider eligibility. A provider shall be eligible to submit an application for support from Stage 2 of the fixed Uniendo a Puerto Rico Fund or of the fixed Connect USVI Fund if it had its own fixed network and provided broadband service in Puerto Rico or the U.S. Virgin Islands, respectively, according to its June 2018 FCC Form 477 data. A provider must obtain eligible telecommunications carrier designation no later than sixty (60) days after public notice of selection to receive fixed support. Any entity that is awarded support but fails to obtain ETC designation within sixty (60) days shall be considered in default and will not be eligible to receive high-cost funding. ( b ) Application processing. No application will be considered unless it has been submitted in an acceptable form during the period specified by public notice. No applications submitted or demonstrations made at any other time shall be accepted or considered. ( c ) Application format. All applications must be substantially in the format as specified and announced by the Wireline Competition Bureau. ( 1 ) Any application that, as of the submission deadline, either does not identify the applicant seeking support as specified in the public notice announcing application procedures or does not include required certifications shall be denied. ( 2 ) An applicant may be afforded an opportunity to make minor modifications to amend its application or correct defects noted by the applicant, the Commission, the Administrator, or other parties. Minor modifications include correcting typographical errors in the application and supplying non-material information that was inadvertently omitted or was not available at the time the application was submitted. ( 3 ) Applications to which major modifications are made after the deadline for submitting proposals shall be denied. Major modifications may include, but are not limited to, any changes in the ownership of the applicant that constitute an assignment or change of control, or the identity of the applicant, or the certifications required in the application. ( d ) Application contents. In addition to providing information required by the Wireline Competition Bureau, any applicant for support from Stage 2 of the fixed Uniendo a Puerto Rico Fund or of the fixed Connect USVI Fund shall: ( 1 ) Include ownership information as set forth in § 1.2112(a) of this chapter ; ( 2 ) Submit a detailed network plan and documents evidencing adequate financing for the project; ( 3 ) Disclose its status as an eligible telecommunications carrier to the extent applicable and certify that it acknowledges that it must be designated as an eligible telecommunications carrier for the area in which it will receive support prior to being authorized to receive support; ( 4 ) Describe the technology or technologies that will be used to provide service for each application; and ( 5 ) To the extent that an applicant plans to use spectrum to offer its voice and broadband services, demonstrate it has the proper authorizations, if applicable, and access to operate on the spectrum it intends to use, and that the spectrum resources will be sufficient to cover peak network usage and deliver the minimum performance requirements to serve all of the fixed locations in eligible areas, and certify that it will retain its access to the spectrum for the term of support; and ( 6 ) Provide a letter from a bank meeting the eligibility requirements outlined in § 54.1508 committing to issue an irrevocable stand-by letter of credit, in the required form, to the winning applicant. The letter shall at a minimum provide the dollar amount of the letter of credit and the issuing bank's agreement to follow the terms and conditions of the Commission's model letter of credit. ( e ) Identification of winning applicant. After receipt and review of the proposals, a public notice shall identify each winning applicant that may be authorized to receive support from Stage 2 of the fixed Uniendo a Puerto Rico Fund and the fixed Connect USVI Fund support after the winning applicant submits a letter of credit and an accompanying opinion letter, as described in this section, in a form acceptable to the Commission. Each such winning applicant shall submit a letter of credit and accompanying opinion letter in a form acceptable to the Commission no later than the number of days provided by public notice. ( f ) Authorization to receive support. After receipt of all necessary information, a public notice will identify each winning applicant that is authorized to receive Uniendo a Puerto Rico Fund and the Connect USVI Fund Stage 2 fixed support. § 54.1506 Stage 2 fixed support deployment milestones. Recipients of support from Stage 2 of the fixed Uniendo a Puerto Rico Fund and the fixed Connect USVI Fund must complete deployment to at least 40 percent of supported locations at the end of the third year of support, at least 60 percent at the end of the fourth year, at least 80 percent at the end of the fifth year, and 100 percent by the end of the sixth year. Compliance with the percentage of completion shall be determined based on the total number of supported locations in each geographic area. Recipients will be subject to the notification and default rules in § 54.320(d) . § 54.1507 Stage 2 public interest obligations for service to fixed locations. ( a ) Recipients of Stage 2 Uniendo a Puerto Rico and the Connect USVI Fund fixed support are required to offer broadband service with latency suitable for real-time applications, including Voice over internet Protocol, and usage capacity that is reasonably comparable to comparable offerings in urban areas, at rates that are reasonably comparable to rates for comparable offerings in urban areas. ( 1 ) For purposes of determining reasonable comparable usage capacity, recipients are presumed to meet this requirement if they meet or exceed the usage level announced by public notice issued by the Wireline Competition Bureau. ( 2 ) For purposes of determining reasonable comparability of rates, recipients are presumed to meet this requirement if they offer rates at or below the applicable benchmark to be announced annually by public notice issued by the Wireline Competition Bureau, or at or below the non-promotional prices charged for a comparable fixed wireline service in urban areas in the state or U.S. Territory where the eligible telecommunications carrier receives support. ( b ) Support recipients are required to offer broadband service meeting the performance standards as proposed in their selected applications, as follows: ( 1 ) Actual speeds of at least 25 Mbps downstream and 3 Mbps upstream, and a minimum usage allowance of 200 GB per month or an amount that reflects the average usage of a majority of fixed broadband customers, using Measuring Broadband America data or a similar data source, whichever is higher, and announced annually by public notice issued by the Wireline Competition Bureau over the 10-year term. ( 2 ) Actual speeds of at least 100 Mbps downstream and 20 Mbps upstream and at least 2 terabytes of monthly usage. ( 3 ) Actual speeds of at least 1 Gigabit per second downstream and 500 Mbps upstream and at least 2 terabytes of monthly usage. ( c ) For each of the tiers in paragraphs (b)(1) through (3) of this section, support recipients are required to meet one of two latency performance levels: ( 1 ) Low latency recipients will be required to meet 95 percent or more of all peak period measurements of network round trip latency at or below 100 milliseconds; and ( 2 ) High latency recipients will be required to meet 95 percent or more of all peak period measurements of network round trip latency at or below 750 ms and, with respect to voice performance, and to demonstrate a score of four or higher using the Mean Opinion Score (MOS). § 54.1508 Letter of credit for stage 2 fixed support recipients. ( a ) Letter of credit. Before being authorized to receive support from Stage 2 of the fixed Uniendo a Puerto Rico Fund or the fixed Connect USVI Fund, a winning applicant shall obtain an irrevocable standby letter of credit which shall be acceptable in all respects to the Commission. No later than the number of days provided by public notice, the applicant shall submit a letter from a bank meeting the eligibility requirements outlined in this section committing to issue an irrevocable stand-by letter of credit, in the required form, to the winning applicant. The letter shall at a minimum provide the dollar amount of the letter of credit and the issuing bank's agreement to follow the terms and conditions of the Commission's model letter of credit. The letter of credit must remain open until the recipient has certified it has deployed broadband and voice service meeting the requirements in this subpart to 100% of the required number of locations, and Universal Service Administrative Company (USAC) has verified that the entity has fully deployed. ( b ) Value. Each recipient authorized to receive the Uniendo a Puerto Rico Fund and the Connect USVI Fund Stage 2 fixed support shall maintain the standby letter of credit or multiple standby letters of credit in an amount equal to at a minimum the amount of fixed support that has been disbursed and that will be disbursed in the coming year, until the USAC has verified that the recipient met the final service milestone. ( 1 ) Once the recipient has met its 60 percent service milestone, it may obtain a new letter of credit or renew its existing letter of credit so that it is valued at a minimum at 90 percent of the total support amount already disbursed plus the amount that will be disbursed in the coming year. ( 2 ) Once the recipient has met its 80 percent service milestone, it may obtain a new letter of credit or renew its existing letter of credit so that it is valued at a minimum at 80 percent of the total support that has been disbursed plus the amount that will be disbursed in the coming year. ( c ) Acceptable bank issuing letter of credit. The bank issuing the letter of credit shall be acceptable to the Commission. A bank that is acceptable to the Commission is: ( 1 ) Any United States bank: ( i ) That is insured by the Federal Deposit Insurance Corporation; and ( ii ) That has a bank safety rating issued by Weiss of B- or better; or ( 2 ) CoBank, so long as it maintains assets that place it among the 100 largest United States Banks, determined on basis of total assets as of the calendar year immediately preceding the issuance of the letter of credit and it has a long-term unsecured credit rating issued by Standard & Poor's of BBB- or better (or an equivalent rating from another nationally recognized credit rating agency); or ( 3 ) The National Rural Utilities Cooperative Finance Corporation, so long as it maintains assets that place it among the 100 largest United States Banks, determined on basis of total assets as of the calendar year immediately preceding the issuance of the letter of credit and it has a long-term unsecured credit rating issued by Standard & Poor's of BBB- or better (or an equivalent rating from another nationally recognized credit rating agency); or ( 4 ) Any non-United States bank: ( i ) That is among the 100 largest non-U.S. banks in the world, determined on the basis of total assets as of the end of the calendar year immediately preceding the issuance of the letter of credit (determined on a U.S. dollar equivalent basis as of such date); ( ii ) Has a branch office: ( A ) Located in the District of Columbia, or ( B ) Located in New York City, New York, or such other branch office agreed to by the Commission, that will accept a letter of credit presentation from the Administrator via overnight courier, in addition to in-person presentations; ( iii ) Has a long-term unsecured credit rating issued by a widely-recognized credit rating agency that is equivalent to a BBB- or better rating by Standard & Poor's; and ( iv ) Issues the letter of credit payable in United States dollars ( d ) Bankruptcy opinion letter. A winning applicant of the Uniendo a Puerto Rico Fund and the Connect USVI Fund Stage 2 fixed support shall provide with its letter of credit an opinion letter from its legal counsel clearly stating, subject only to customary assumptions, limitations, and qualifications, that in a proceeding under Title 11 of the United States Code, 11 U.S.C. 101 et seq. (the “Bankruptcy Code”), the bankruptcy court would not treat the letter of credit or proceeds of the letter of credit as property of the winning bidder's bankruptcy estate under section 541 of the Bankruptcy Code. ( e ) Authorization for Stage 2 support. Authorization to receive the Uniendo a Puerto Rico Fund and the Connect USVI Fund Stage 2 fixed support is conditioned upon full and timely performance of all of the requirements set forth in this section, and any additional terms and conditions upon which the support was granted. ( 1 ) Failure by a Uniendo a Puerto Rico Fund and the Connect USVI Fund Stage 2 fixed support recipient to meet its service milestones as required by § 54.1506 will trigger reporting obligations and the withholding of support as described in § 54.320(d) . Failure to come into full compliance within 12 months will trigger a recovery action by the USAC. If the Uniendo a Puerto Rico Fund or Connect USVI Fund Stage 2 fixed support recipient does not repay the requisite amount of support within six months, the USAC will be entitled to draw the entire amount of the letter of credit and may disqualify the Uniendo a Puerto Rico Fund or Connect USVI Fund Stage 2 fixed support recipient from the receipt of any or all universal service support. ( 2 ) A default will be evidenced by a letter issued by the Chief of the Wireline Competition Bureau, or the Chief's designee, which letter, attached to a standby letter of credit draw certificate, shall be sufficient for a draw on the standby letter of credit for the entire amount of the standby letter of credit. [> 84 FR 59963 , Nov. 7, 2019, as amended at 85 FR 75828 , Nov. 25, 2020; 89 FR 25163 , Apr. 10, 2024] § 54.1509 Uniendo a Puerto Rico Fund and the Connect USVI Fund—Stage 2 for mobile service. ( a ) Term of support. Uniendo a Puerto Rico Fund or the Connect USVI Fund Stage 2 mobile support shall be provided to eligible mobile carriers that elect to make a commitment to its eligible service area for a three-year term to begin on a date determined by the Wireline Competition Bureau. ( b ) Election of support. Eligible mobile carriers as provided in § 54.1510 shall have a one-time option to elect to participate in Stage 2 of the mobile Uniendo a Puerto Rico Fund and the mobile Connect USVI Fund for the eligible service area. An eligible mobile carrier may elect to receive all or a subset of the Stage 2 support for which it is eligible. FCC will publish the order adopting Stage 2 of the Uniendo a Puerto Rico Fund and the Connect USVI Fund in the Federal Register. To participate, an eligible provider must submit an election to participate within 30 days following that publication. Each provider must provide to the Commission through the Commission's Electronic Comment Filing System as well as by emailing a copy to ConnectAmerica@fcc.gov either a renewal of its Stage 1 certification specifying the number of subscribers (voice or broadband internet access service) it served in the territory as of June 30, 2017; or a new certification specifying the number of subscribers (voice or broadband internet access service) it served in the territory as of June 30, 2017, along with accompanying evidence. Each provider will make two simultaneous elections. First, each provider may elect to receive Stage 2 support for which it is eligible to restore, harden, and expand networks capable of providing 4G LTE or better services. Second, each provider may elect to receive Stage 2 support for which it is eligible to deploy networks capable of providing 5G service. ( c ) Support amounts. A carrier exercising the election of support specified in paragraph (b) of this section shall receive a pro rata share of the available mobile support based on the number of subscribers reported in its June 2017 FCC Form 477. Each carrier may receive up to 75% of its eligible pro rata support amount to restore, harden, and expand networks capable of provider 4G LTE or better services meeting the minimum service requirements provided in § 54.1514(b) . Each carrier may also elect to receive up to 25% of its eligible pro rata support amount to deploy networks capable of providing 5G service. ( d ) Support payments. Each eligible mobile provider that elects to participate in Stage 2 of the Uniendo a Puerto Rico Fund or the USVI Connect Fund will receive monthly installments of its pro rata share of mobile support amortized over the three-year support period provided in paragraph (a) of this section. Each recipient's pro rata share will be adjusted according to its election to receive or decline support for 4G LTE or 5G deployment. A mobile provider that fails to meet its commitment to use its eligible support for 4G LTE or 5G deployment shall return an amount equal the unused amount of Stage 2 support to the Administrator within 30 days following the end of the three-year support period. ( e ) Phase-down of legacy support. An eligible mobile carrier may elect or decline to participate in Stage 2 of the mobile Uniendo a Puerto Rico and/or the mobile Connect USVI Fund. Beginning on a date to be determined by the Bureau and announced by public notice, an eligible mobile carrier that declines to participate in Stage 2 will receive one-half of its prior frozen fixed support amortized for a 12-month period and zero fixed support thereafter. § 54.1510 Stage 2 mobile carrier eligibility. Facilities-based mobile carriers that provided mobile wireless services to consumers in the Territories as reported by their June 2017 FCC Form 477 shall be eligible to participate in Stage 2 of the mobile Uniendo a Puerto Rico Fund and the mobile Connect USVI Fund, respectively. § 54.1511 Appropriate uses of Stage 2 mobile support. Recipients of Uniendo a Puerto Rico and Connect USVI Stage 2 mobile support shall use the support solely for: ( a ) Deployment, replacement, and upgrade at 4G LTE or better technological network level, as specified in this part; and ( b ) Hardening of 4G LTE or better network facilities to help prevent future damage from natural disasters. § 54.1512 Geographic area eligible for Stage 2 mobile support. Uniendo a Puerto Rico Fund and Connect USVI Fund Stage 2 mobile support may be used for all geographic areas of Puerto Rico or of the U.S. Virgin Islands within a recipient's designated eligible telecommunications carrier service area consistent with the parameters of Stage 2 of the Uniendo a Puerto Rico Fund and the Connect USVI Fund. § 54.1513 Provision of Stage 2 mobile support. ( a ) A recipient of Stage 2 mobile support shall commit to, at a minimum, the full restoration of its pre-hurricane network coverage area, as determined by FCC Form 477 reporting standards, at a level of service that meets or exceeds pre-hurricane network levels and at reasonably comparable levels to those services and rates available in urban areas. ( b ) Each recipient of Stage 2 mobile support shall demonstrate mobile network coverage that is equal to or greater than 66 percent of its pre-hurricane coverage by the end of year two of the Stage 2 term of support, and that is equal to or greater than 100 percent of its pre-hurricane coverage by the end of year three of the Stage 2 term of support. § 54.1514 Stage 2 mobile additional annual reporting. ( a ) Each recipient of Stage 2 mobile support shall submit no later than 30 days following the end of the calendar year reports demonstrating and certifying to the fact that its mobile network coverage is equal to or greater than 66 percent of its pre-hurricane coverage by the end of year two of the Stage 2 term of support and 100 percent of its pre-hurricane coverage by the end of year three of the Stage 2 term of support. ( 1 ) A recipient of Stage 2 mobile support shall submit with the report required by this section the documentation in paragraphs (a)(1)(i) through (iii) of this section in support of its milestone obligations: ( i ) Electronic shapefiles site coverage plots illustrating the area reached by mobile services; ( ii ) A list of all census blocks in the Territories reached by mobile services; and ( iii ) Data received or used from drive, drone, and/or scattered site tests, analyzing network coverage for mobile services. ( 2 ) [Reserved] ( b ) Each recipient of Stage 2 mobile support shall report and certify, no later than thirty (30) days following the end of the third year of the Stage 2 term of support for all eligible areas where a provider used Stage 2 support, mobile transmissions supporting voice and data to and from the network meeting or exceeding the following: ( 1 ) For 4G LTE service, outdoor data transmission rates of at least 10 Mbps download/1 Mbps upload, at least one service plan that includes a data allowance of at least 5 GB that is offered to consumers at a rate that is reasonable comparable to similar service plans offered by mobile wireless providers in urban areas, and latency of 100 milliseconds or less round trip; and ( 2 ) For 5G service, outdoor data transmission rates of at least 35 Mbps download/3 Mbps upload and a plan offered to consumers at a rate that is reasonably comparable to similar service plans offered by mobile wireless providers in urban areas. ( c ) Each recipient of Stage 2 mobile support shall submit no later than thirty (30) days after the end of the third year of the Stage 2 term of support a certification that it has met the requisite public interest obligations in paragraphs (a) and (b) of this section. ( d ) Each recipient of Stage 2 mobile support shall submit no later than thirty (30) days following the end of the calendar year an annual map reporting the network hardening activities undertaken during the prior calendar year. The recipient must submit, along with the map, a detailed narrative description of the network hardening activities identified and of how it made use of the support to facilitate those network hardening activities. ( e ) Each recipient that elects to receive Stage 2 mobile support for the deployment of 5G technological networks shall submit an annual certification no later than thirty (30) days after the end of each 12-month period the use of Stage 2 support for the deployment of 5G technology to ensure compliance with its commitment. Each recipient must report the total cost incurred and total amount of Stage 2 support spent related to the deployment of 5G technology during the preceding 12-month period. Each recipient must describe in detail how it used the support for deployment of 5G technology. ( f ) Each report shall be submitted to the Office of the Secretary of the Commission, clearly referencing the appropriate docket for the Uniendo a Puerto Rico Fund and the Connect USVI Fund; the Administrator; and the authority in the U.S. Territory, or Tribal governments, as appropriate. ( g ) Recipients of Stage 2 mobile support have a continuing obligation to maintain the accuracy and completeness of the information provided in their milestone reports. All recipients of Stage 2 mobile support shall provide information about any substantial change that may be of decisional significance regarding their eligibility for Stage 2 support and compliance with Uniendo a Puerto Rico Fund and the Connect USVI Fund requirements in this section as an update to their milestone report submitted to the entities listed in paragraph (f) of this section. Such notification of a substantial change, including any reduction in the network coverage area being served or any failure to comply with any of the Stage 2 requirements in this part, shall be submitted within ten (10) business days after the reportable event occurs. ( h ) In order for a recipient of Stage 2 mobile support to continue to receive mobile support for the following calendar year, it must submit the milestone reports required by this section by the deadlines set forth in paragraphs (a) through (g) of this section. § 54.1515 Disaster preparation and response measures. ( a ) Each recipient of fixed and mobile support from Stage 2 of the Uniendo a Puerto Rico Fund and the Connect USVI Fund shall create, maintain, and submit to the Wireline Competition Bureau for its review and approval a detailed Disaster Preparation and Response Plan document that describes and commits to the methods and procedures that it will use, during the period in which it receives Stage 2 support, to prepare for and respond to disasters in the Territories, including detailed descriptions of methods and processes to strengthen infrastructure; to ensure network diversity; to ensure backup power; to monitor its network; and to prepare for emergencies. ( b ) Each Stage 2 support recipient shall submit the Disaster Preparation and Response Plan to the Bureau for its review and approval prior to receiving Stage 2 support. The Bureau shall approve submitted Disaster Preparation and Response Plans that are complete and thoroughly address the criteria enumerated in paragraph (a) of this section. The Bureau shall notify the support recipient of deficiencies identified in the Disaster Preparation and Response Plan and withhold authorization to receive funding until the support recipient has cured the deficiencies. Recipients shall materially comply with the representations in the document, once approved. ( c ) Recipients shall amend their Disaster Preparation and Response Plan following any material change(s) to internal processes and responsibilities and provide the updated Disaster Preparation and Response Plan to the Bureau within 10 business days following the material change(s). ( d ) Stage 2 support recipients shall use the Disaster Information Reporting System for mandatory reporting. (See www.fcc.gov/general/disaster-information-reporting-system-dirs-0 for more information.) § 54.1516 Uniendo a Puerto Rico Fund and the Connect USVI Fund—Transitional support for mobile service. ( a ) Term of support. Uniendo a Puerto Rico Fund or the Connect USVI Fund transitional mobile support shall be made available to eligible mobile carriers that elect to make a commitment to their eligible service areas for a term of up to 24 months to begin in the month immediately following the end of the carrier's Stage 2 mobile support. The term of support shall end the earlier of either 24 months following a carrier's authorization to begin receiving transitional support or the authorization of support under a long-term funding mechanism subsequently adopted by the Commission providing mobile wireless support in the carrier's respective territory. ( b ) Election of support. Eligible mobile carriers as provided in § 54.1517 shall have a one-time option to elect to receive transitional mobile support from the Uniendo a Puerto Rico Fund and the Connect USVI Fund for the eligible service area. To participate, an eligible carrier must submit an election to participate within 15 days following publication in the Federal Register of the order adopting transitional mobile support of the Uniendo a Puerto Rico Fund and the Connect USVI Fund. Each carrier must submit its election to receive transitional support to the Commission through the Commission's Electronic Comment Filing System as well as by emailing a copy of its election to ConnectAmerica@fcc.gov . ( c ) Support amounts. An eligible carrier that elects to receive transitional support shall receive a pro rata share of its monthly Stage 2 mobile support as of May 1, 2023. Each eligible carrier may receive 50% of its Stage 2 monthly mobile support amount as of May 1, 2023 in the first 12-month period (months 1-12) of transitional support, and 25% of its current monthly mobile Stage 2 support as if May 1, 2023 in the second 12-month period (months 13-24) of transitional support. However, the provision of monthly transitional support may end prior to the completion of the 24-month term as provided in subsection (a). ( d ) Return of unused support. Each eligible mobile carrier that elects to receive transitional support from the Uniendo a Puerto Rico Fund or the USVI Connect Fund will receive monthly installments of its pro rata share of mobile support over the support period provided in subsections (a) and (c). A mobile carrier that fails to use all its eligible transitional mobile support pursuant to section 54.1517 within one year of the end of the support term shall return an amount equal to the unused amount of transitional support to the Administrator within 30 days following the end of the term of support under paragraph (a). [ 88 FR 29000 , May 5, 2023] § 54.1517 Transitional support mobile carrier eligibility. Facilities-based mobile carriers that are recipients of mobile support from Stage 2 as of May 1, 2023 of the Uniendo a Puerto Rico Fund or the Connect USVI Fund shall be eligible to elect and receive transitional mobile support in the areas where they receive Stage 2 support. [ 88 FR 29000 , May 5, 2023] § 54.1518 Appropriate uses of transitional mobile support. Recipients of Uniendo a Puerto Rico and Connect USVI transitional mobile support shall use the support to improve the redundancy and resiliency of facilities for 4G LTE or better technologies to help ensure continuity of service by preventing or withstanding damage from disasters, including the maintenance of backup power systems for such networks. [ 88 FR 29000 , May 5, 2023] § 54.1519 Geographic area eligible for transitional mobile support. Uniendo a Puerto Rico Fund and Connect USVI Fund transitional mobile support may be used for all geographic areas of Puerto Rico or of the U.S. Virgin Islands, respectively, within a recipient's designated eligible telecommunications carrier service area. [ 88 FR 29000 , May 5, 2023] § 54.1520 Provision of transitional mobile support. A recipient of transitional mobile support shall commit to, at a minimum, maintaining its network coverage area as of June 30, 2023, or 100 percent of its network coverage area prior to Hurricanes Maria and Irma as specified by § 54.1514(a) , whichever is greater. The recipient shall also commit to provide a minimum level of service that meets or exceeds network levels and at reasonably comparable levels to those services and rates available in urban areas as required by § 54.1521(a) . [ 88 FR 29000 , May 5, 2023] § 54.1521 Transitional mobile support additional annual reporting. ( a ) Each recipient of transitional mobile support shall report and certify, no later than thirty (30) days following the end of the calendar year in which it receives such transitional support, that it has met the requisite mobile transmissions supporting voice and data to and from the network meeting or exceeding the following: ( 1 ) For 4G LTE service, outdoor data transmission rates of at least 10 Mbps download/1 Mbps upload, at least one service plan that includes a data allowance of at least 5 GB that is offered to consumers at a rate that is reasonably comparable to similar service plans offered by mobile wireless providers in urban areas, and latency of 100 milliseconds or less round trip; and ( 2 ) For 5G-NR service, outdoor data transmission rates of at least 35 Mbps download/3 Mbps upload and a plan offered to consumers at a rate that is reasonably comparable to similar service plans offered by mobile wireless providers in urban areas. ( b ) Each recipient of transitional mobile support shall submit no later than thirty (30) days following the end of the calendar year an annual map reporting the network hardening activities undertaken during the prior calendar year. The recipient must submit, along with the map, a detailed narrative description of the network hardening activities identified and of how it made use of the support to facilitate those network hardening activities. ( c ) Each report shall be submitted to the Office of the Secretary of the Commission through the Electronic Comment Filing System clearly referencing the appropriate docket for the Uniendo a Puerto Rico Fund and the Connect USVI Fund; the Administrator; and the authority in the U.S. Territory, or Tribal governments, as appropriate. All filings and certifications shall also be submitted to the Bureau at ConnectAmerica@fcc.gov . ( d ) Recipients of transitional mobile support have a continuing obligation to maintain the accuracy and completeness of the information provided in their reports. All recipients of transitional mobile support shall provide information about any substantial change that may be of decisional significance regarding their eligibility for transitional support and compliance with Uniendo a Puerto Rico Fund and the Connect USVI Fund requirements as an update to their report submitted to the entities listed in paragraph (c) of this section. Such notification of a substantial change, including any reduction in the network coverage area being served or any failure to comply with any of the transitional support requirements, shall be submitted within ten (10) business days after the reportable event occurs. ( e ) In order for a recipient of transitional mobile support to continue to receive transitional mobile support for the second 12-month period, it must submit the reports and certification required by this section by the deadlines set forth above. [ 88 FR 29000 , May 5, 2023] § 54.1522 Security reporting. By August 31, 2023, support recipients under § 54.1516 shall file their first network security report that identifies and explains the network security controls implemented, their effectiveness in fending off cybersecurity attacks, and how those controls are commensurate with established network security best practices and standards or an established risk management framework. By March 31, 2025, support recipients under § 54.1516 shall file their second network security report, covering the time period between August 31, 2023, and March 1, 2025, that identifies and explains the network security controls implemented, their effectiveness in fending off cybersecurity attacks and how those controls are commensurate with established network security best practices and standards or an established risk management framework. [ 88 FR 29000 , May 5, 2023] § 54.1523 Spending plans for recipients of legacy frozen phase-down support. ( a ) Spending plan submissions for phase-down support recipients. By July 1, 2023, recipients of support under § 54.1504(b) shall submit a spending plan for its use of that support for redundancy, resiliency, and maintenance measures to the Bureau for approval. Phase-down support shall be suspended if a recipient fails to submit a spending plan by the requisite deadline or fails to receive approval from the Bureau. Recipients of support must submit an updated spending plan if the details in their spending plan change. ( b ) Annual reporting requirements for phase-down support recipients. By January 31, 2024, 2025, and 2026, recipients of support under § 54.1504(b) shall file with the Commission a report of how they spent phase-down support on resiliency and redundancy measures consistent with the approved spending plan approved under paragraph (a). ( c ) Recipients of support under § 54.1504(b) that fail to use all such support consistent with the approved spending plan approved under paragraph (a) by December 31, 2026 shall return an amount equal to the unused amount of support to the Administrator within 30 days of December 31, 2026. ( d ) By January 31, 2027 recipients of support under § 54.1504(b) shall file with the Commission a final report of how they spent phase-down support on resiliency and redundancy measures consistent with the approved spending plan approved under paragraph (a). [ 88 FR 29000 , May 5, 2023] § 54.1524 Disaster preparation and response measures; Disaster Information Reporting System. ( a ) Each recipient of support under § 54.1504(b) or § 54.1516 shall maintain a Disaster Preparation and Response Plan document approved by the Bureau for Stage 2 of the Uniendo a Puerto Rico Fund or Connect USVI Fund, as applicable, that describes and commits to the methods and procedures that it will use, during the period in which it receives support under § 54.1516 or § 54.1504(b) , to prepare for and respond to disasters in the Territories, including detailed descriptions of methods and processes to strengthen infrastructure; to ensure network diversity; to ensure backup power; to monitor its network; and to prepare for emergencies. If an eligible recipient has not previously submitted a Disaster Preparation and Response Plan that was approved by the Bureau prior to the authorization to receive fixed or mobile support, as applicable, the eligible recipient must submit a Disaster Preparation and Response Plan for Bureau approval by July 1, 2023. Phase-down support shall be suspended if a recipient fails to submit a Disaster Preparation and Response Plan by the requisite deadline or fails to receive approval from the Bureau. ( b ) Each recipient of support under § 54.1504(b) or § 54.1516 shall maintain the Disaster Preparation and Response Plan approved by the Bureau for Stage 2 of each funding mechanism that completely and thoroughly address the criteria enumerated in paragraph (a) of this section. Recipients shall materially comply with the representations in the document and shall amend their Disaster Preparation and Response Plan following any material change(s) to internal processes and responsibilities and provide the updated Disaster Preparation and Response Plan to the Bureau within 10 business days following the material change(s). ( c ) Each recipient of support under § 54.1504(b) or § 54.1516 shall perform mandatory Disaster Information Reporting System reporting. ( d ) A recipient's failure to comply with the requirements of this section may result in the withholding of transitional or phase-down support until the support recipient has cured deficiencies identified by the Bureau. [ 88 FR 29000 , May 5, 2023] Subpart P—Emergency Broadband Benefit Program Source: 86 FR 19560 , Apr. 13, 2021, unless otherwise noted. § 54.1600 Definitions. ( a ) Broadband internet access service. The term “broadband internet access service” has the meaning given such term in 47 CFR 8.1(b) , or any successor regulation. ( b ) Broadband provider. The term “broadband provider” means a provider of broadband internet access service. ( c ) Commission. The term “Commission” means the Federal Communications Commission. ( d ) Connected device. The term “connected device” means a laptop or desktop computer or a tablet. ( e ) Designated as an eligible telecommunications carrier. The term “designated as an eligible telecommunications carrier”, with respect to a broadband provider, means the broadband provider is designated as an eligible telecommunications carrier under section 214(e) of the Communications Act of 1934 ( 47 U.S.C. 214(e) ). ( f ) Direct service. As used in this subpart, direct service means the provision of service directly to the qualifying low-income consumer. ( g ) Duplicative support. “Duplicative support” exists when an Emergency Broadband Benefit subscriber is receiving two or more Emergency Broadband Benefit services concurrently or two or more subscribers in a household have received a connected device with an Emergency Broadband Benefit discount ( h ) Eligible household. The term “eligible household” means, regardless of whether the household or any member of the household receives support under subpart E of 47 CFR part 54 (or any successor regulation), and regardless of whether any member of the household has any past or present arrearages with a broadband provider, a household in which— ( 1 ) At least one member of the household meets the qualifications 47 CFR 54.409(a) or (b) (or any successor regulation); ( 2 ) At least one member of the household has applied for and been approved to receive benefits under the free and reduced price lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); ( 3 ) At least one member of the household has experienced a substantial loss of income since February 29, 2020, that is documented by layoff or furlough notice, application for unemployment insurance benefits, or similar documentation or that is otherwise verifiable through the National Verifier or National Lifeline Accountability Database; ( 4 ) At least one member of the household has received a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) in the current award year, if such award is verifiable through the National Verifier or National Lifeline Accountability Database or the participating provider verifies eligibility under 47 CFR 54.1606(a)(2) ; or ( 5 ) At least one member of the household meets the eligibility criteria for a participating provider's existing low-income or COVID-19 program, subject to the requirements of 47 CFR 54.1606(a)(2) . ( i ) Emergency broadband benefit. The term “emergency broadband benefit” means a monthly discount for an eligible household applied to the actual amount charged to such household, which shall be no more than the standard rate for an internet service offering and associated equipment, in an amount equal to such amount charged, but not more than $50, or, if an internet service offering is provided to an eligible household on Tribal land, not more than $75. ( j ) Emergency period. The term “emergency period” means the period that— ( 1 ) Begins on the date of the enactment of the Consolidated Appropriations Act; and ( 2 ) Ends on the date that is 6 months after the date on which the determination by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) that a public health emergency exists as a result of COVID-19, including any renewal thereof, terminates. ( k ) Enrollment representative. An employee, agent, contractor, or subcontractor, acting on behalf of an eligible telecommunications carrier or third-party entity, who directly or indirectly provides information to the Administrator for the purpose of eligibility verification, enrollment, subscriber personal information updates, benefit transfers, or de-enrollment. ( l ) Household. A “household” is any individual or group of individuals who are living together at the same address as one economic unit. A household may include related and unrelated persons. An “economic unit” consists of all adult individuals contributing to and sharing in the income and expenses of a household. An adult is any person eighteen years or older. If an adult has no or minimal income, and lives with someone who provides financial support to him/her, both people shall be considered part of the same household. Children under the age of eighteen living with their parents or guardians are considered to be part of the same household as their parents or guardians. ( m ) Income. “Income” means gross income as defined under section 61 of the Internal Revenue Code, 26 U.S.C. 61 , for all members of the household. This means all income actually received by all members of the household from whatever source derived, unless specifically excluded by the Internal Revenue Code, Part III of Title 26, 26 U.S.C. 101 et seq. ( n ) Internet service offering. The term “internet service offering” means, with respect to a broadband provider, broadband internet access service provided by such provider to a household, offered in the same manner, and on the same terms, as described in any of such provider's offerings for broadband internet access service to such household, as on December 1, 2020. ( o ) Lifeline qualifying assistance program. A “Lifeline qualifying assistance program” means any of the Federal or Tribal assistance programs the participation in which, pursuant to 47 CFR 54.409(a) or (b) , qualifies a consumer for Lifeline service, including Medicaid; Supplemental Nutrition Assistance Program; Supplemental Security Income; Federal Public Housing Assistance; Veterans and Survivors Pension Benefit; Bureau of Indian Affairs general assistance; Tribally administered Temporary Assistance for Needy Families (Tribal TANF); Head Start (only those households meeting its income qualifying standard); or the Food Distribution Program on Indian Reservations (FDPIR). ( p ) National Lifeline Accountability Database. The “National Lifeline Accountability Database” is an electronic system, with associated functions, processes, policies and procedures, to facilitate the detection and elimination of duplicative support, as directed by the Commission. ( q ) National Lifeline Eligibility Verifier or National Verifier. The “National Lifeline Eligibility Verifier” or “National Verifier” is an electronic and manual system with associated functions, processes, policies and procedures, to facilitate the determination of consumer eligibility for the Lifeline program and Emergency Broadband Benefit Program, as directed by the Commission. ( r ) Participating provider. The term “participating provider” means a broadband provider that— ( 1 ) ( i ) Is designated as an eligible telecommunications carrier; or ( ii ) Meets requirements established by the Commission for participation in the Emergency Broadband Benefit Program and is approved by the Commission under 47 CFR 54.1601(b) ; and ( 2 ) Elects to participate in the Emergency Broadband Benefit Program. ( s ) Standard rate. The term “standard rate” means the monthly retail rate for the applicable tier of broadband internet access service as of December 1, 2020, excluding any taxes or other governmental fees. ( t ) Tribal lands. For purposes of this subpart, “Tribal lands” include any Federally recognized Indian tribe's reservation, pueblo, or colony, including former reservations in Oklahoma; Alaska Native regions established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688); Indian allotments; Hawaiian Home Lands—areas held in trust for Native Hawaiians by the state of Hawaii, pursuant to the Hawaiian Homes Commission Act, 1920 July 9, 1921, 42 Stat. 108, et seq., as amended; and any land designated as such by the Commission for purposes of subpart E of 47 CFR part 54 (or any successor regulation) pursuant to the designation process in 47 CFR 54.412 . § 54.1601 Participating providers. ( a ) Eligible telecommunications carriers. A broadband provider that is designated as an eligible telecommunications carrier may participate in the Emergency Benefit Broadband Program as a participating provider. ( b ) Other broadband providers. A broadband provider that is not designated as an eligible telecommunications carrier may seek approval from the Wireline Competition Bureau to participate in the Emergency Broadband Benefit Program as a participating provider. ( 1 ) The Wireline Competition Bureau shall review and act on applications to be designated as a participating provider on an expedited basis. Such applications shall contain: ( i ) The states or territories in which the provider plans to participate; ( ii ) The service areas in which the provider has the authority, if needed, to operate in each state or territory, but has not been designated an eligible telecommunications carrier; and, ( iii ) Certifications and documentation of the provider's plan to combat waste, fraud, and abuse. ( 2 ) Notwithstanding paragraph (b)(1) of this section, the Wireline Competition Bureau shall automatically approve as a participating provider a broadband provider that has an established program as of April 1, 2020, that is widely available and offers internet service offerings to eligible households and maintains verification processes that are sufficient to avoid fraud, waste, and abuse. Such applications seeking automatic approval shall contain: ( i ) The states or territories in which the provider plans to participate; ( ii ) The service areas in which the provider has the authority, if needed, to operate in each state or territory, but has not been designated an Eligible Telecommunications Carrier; and, ( iii ) A description, supported by documentation, of the established program with which the provider seeks to qualify for automatic admission to the Emergency Broadband Benefit Program. ( c ) Election notice. All participating providers must file an election notice with the Administrator. The election notice must be submitted in a manner and form consistent with the direction of the Wireline Competition Bureau and the Administrator. At a minimum the election notice should contain: ( 1 ) The states or territories in which the provider plans to participate in the Emergency Broadband Benefit Program; ( 2 ) A statement that, in each state or territory, the provider was a “broadband provider” as of December 1, 2020; ( 3 ) A list of states or territories where the provider is an existing Eligible Telecommunications Carrier, if any; ( 4 ) A list of states or territories where the provider received Wireline Competition Bureau approval, whether automatic or expedited, to participate, if any; ( 5 ) Whether the provider intends to distribute connected devices; ( 6 ) A description of the internet service offerings for which the provider plans to seek reimbursement in each state or territory; and, ( 7 ) Documentation demonstrating the standard rates for those services in each state; and any other information necessary to establish participating providers in the Administrator's systems. ( d ) Suspension and debarment. The prohibition on participation and suspension and debarment rules established in 47 CFR 54.8 , shall apply to activities associated with or related to the Emergency Broadband Benefit Program. § 54.1602 Emergency Broadband Benefit. ( a ) The Emergency Broadband Benefit Program shall provide reimbursement to a participating provider for providing a discount on the price of broadband internet access service (and associated equipment), a connected device, or both, to an eligible household during the emergency period. ( b ) Participating providers may allow consumers whose households qualify for the Emergency Broadband Benefit Program pursuant to 47 CFR 54.1605 , to apply the Emergency Broadband Benefit to any residential service plan that includes broadband internet access service or a bundle of broadband internet access service along with fixed or mobile voice telephony service, text messaging service, or both. § 54.1603 Emergency Broadband Benefit Program support amount. ( a ) The Emergency Broadband Benefit Program support amount for all participating providers shall equal the actual discount provided to an eligible household off of the actual amount charged to such household, which shall be no more than the standard rate for an internet service offering and associated equipment, but not more than $50.00 per month, if that provider certifies that it will pass through the full amount of support to the eligible household, or not more than $75.00 per month, if that provider certifies that it will pass through the full amount of support to the eligible household on Tribal lands, as defined in 47 CFR 54.1600(t) . ( b ) A participating provider that, in addition to providing the Emergency Broadband Benefit Program to an eligible household, supplies such household with a connected device may be reimbursed up to $100.00 for such connected device, if the charge to such eligible household is more than $10.00 but less than $50.00 for such connected device, except that a participating provider may receive reimbursement for no more than one (1) connected device per eligible household. ( c ) If the amount of funding remaining in the Emergency Broadband Connectivity Fund is less than the total amount of valid reimbursement claims in the Emergency Broadband Benefit Program, the support amount for all participating providers submitting valid reimbursement claims for a month may be less than the full support amount permitted under this section. § 54.1604 Participating provider obligation to offer Emergency Broadband Benefit Program. ( a ) All participating providers in the Emergency Broadband Benefit Program must make available the Emergency Broadband Benefit Program to qualifying low-income consumers. ( b ) All participating providers in the Emergency Broadband Benefit Program are encouraged to: ( 1 ) Publicize the availability of the Emergency Broadband Benefit Program in a manner reasonably designed to reach those likely to qualify for the service. ( 2 ) Indicate on all materials describing the Emergency Broadband Benefit Program, using easily understood language in the dominant languages of the communities the provider serves: ( i ) The eligibility requirements for consumer participation; ( ii ) That the Emergency Broadband Benefit is non-transferable and is limited to one discount per household; ( iii ) The monetary charges to the customer; ( iv ) The available upload/download speeds and data caps for the covered services, and a list of connected devices, if any, with descriptions; ( v ) The provider's customer service telephone number, which must be prominently displayed on all promotional materials and adequately staffed by customer service representatives; and ( vi ) That the Emergency Broadband Benefit Program is a temporary emergency Federal Government benefit program operated by the Federal Communications Commission and, upon its conclusion, customers will be subject to the provider's regular rates, terms, and conditions. § 54.1605 Household qualification for Emergency Broadband Benefit Program. ( a ) To constitute an eligible household: ( 1 ) The household income as defined in 47 CFR 54.1600(m) must be at or below 135% of the Federal Poverty Guidelines for a household of that size; or ( 2 ) At least one member of the household must receive benefits from one of the following Federal assistance programs: Medicaid; Supplemental Nutrition Assistance Program; Supplemental Security Income; Federal Public Housing Assistance; or Veterans and Survivors Pension Benefit; or ( 3 ) At least one member of the household has applied for and been approved to receive benefits under the free and reduced price lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); or ( 4 ) At least one member of the household has experienced a substantial loss of income since February 29, 2020, that is documented by layoff or furlough notice, application for unemployment insurance benefits, or similar documentation or that is otherwise verifiable through the National Verifier; or ( 5 ) At least one member of the household has received a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) in the current award year, if such award is verifiable through the National Verifier or the participating provider verifies eligibility under 47 CFR 54.1606(a)(2) ; or ( 6 ) At least one member of the household meets the eligibility criteria for a participating provider's existing low-income or COVID-19 program, subject to the requirements of 47 CFR 54.1606(a)(2) ; or ( 7 ) If the household is located on Tribal lands, at least one member of the household participates in one of the following Tribal-specific Federal assistance programs: Bureau of Indian Affairs general assistance; Tribally administered Temporary Assistance for Needy Families; Head Start (only those households meeting its income qualifying standard); or the Food Distribution Program on Indian Reservations. ( b ) In addition to meeting the qualifications provided in paragraph (a) of this section, in order to constitute an eligible household, no member of the household may already be receiving an Emergency Broadband Benefit Program discount. § 54.1606 Household eligibility determinations. ( a ) Eligibility verification processes. To verify whether a household is an eligible household, a participating provider shall— ( 1 ) Use the National Verifier; or ( 2 ) Rely upon an alternative verification process of the participating provider, if— ( i ) The participating provider submits information as required by the Commission regarding the alternative verification process prior to seeking reimbursement; and ( ii ) Not later than 7 days after receiving the information required under paragraph (a)(2)(i) of this section, the Wireline Competition Bureau— ( A ) Determines that the alternative verification process will be sufficient to avoid waste, fraud, and abuse; and ( B ) Notifies the participating provider of the determination under paragraph (a)(2)(ii)(A) of this section; or ( 3 ) Rely on a school to verify the eligibility of a household based on the participation of the household in the free and reduced price lunch program or the school breakfast program as described in 47 CFR 54.1600(h)(2) . The participating provider must retain documentation demonstrating the school verifying eligibility, the program(s) that the school participates in, the qualifying household, and the program(s) the household participates in. ( b ) Provider policies and procedures. All participating providers must implement policies and procedures for ensuring that their Emergency Broadband Benefit Program households are eligible to receive the Emergency Broadband Benefit. A provider may not provide a consumer with service that it represents to be Emergency Broadband Benefit-supported service or seek reimbursement for such service, unless and until it has: ( 1 ) Confirmed that the household is an eligible household pursuant to 47 CFR 54.1605 ; ( 2 ) Completed any other necessary enrollment steps, and; ( 3 ) Securely retained all information and documentation it receives related to the eligibility determination and enrollment, consistent with 47 CFR 54.1611 . ( c ) One-Per-Household Worksheet. If the prospective household shares an address with one or more existing Emergency Broadband Benefit Program subscribers according to the National Lifeline Accountability Database or National Verifier, the prospective subscriber must complete a form certifying compliance with the one-per-household rule prior to initial enrollment. ( d ) The National Lifeline Accountability Database. In order to receive Emergency Broadband Benefit Program support, participating providers must comply with the following requirements: ( 1 ) All participating providers must query the National Lifeline Accountability Database to determine whether a prospective subscriber is currently receiving an Emergency Broadband Benefit-supported service from another participating provider; and whether anyone else living at the prospective subscriber's residential address is currently receiving an Emergency Broadband Benefit-supported service. ( 2 ) If the National Lifeline Accountability Database indicates that a prospective subscriber who is not seeking to transfer his or her Emergency Broadband Benefit, is currently receiving an Emergency Broadband Benefit-supported service, the participating provider must not provide and shall not seek or receive Emergency Broadband Benefit reimbursement for that subscriber. ( 3 ) Participating providers may query the National Lifeline Accountability Database only for the purposes provided in paragraphs (e)(1) and (2) of this section, and to determine whether information with respect to its subscribers already in the National Lifeline Accountability Database is correct and complete. ( 4 ) Participating providers must transmit to the National Lifeline Accountability Database in a format prescribed by the Administrator each new and existing Emergency Broadband Benefit Program subscriber's full name; full residential address; date of birth; the telephone number associated with the Emergency Broadband Benefit Program service; the date on which the Emergency Broadband Benefit Program discount was initiated; the date on which the Emergency Broadband Benefit Program discount was terminated, if it has been terminated; the amount of support being sought for that subscriber; and the means through which the subscriber qualified for the Emergency Broadband Benefit Program. ( 5 ) All participating providers must update an existing Emergency Broadband Benefit Program subscriber's information in the National Lifeline Accountability Database within ten business days of receiving any change to that information, except as described in paragraph (d)(7) of this section. ( 6 ) All participating providers must obtain, from each new and existing subscriber, consent to transmit the subscriber's information. Prior to obtaining consent, the participating provider must describe to the subscriber, using clear, easily understood language, the specific information being transmitted, that the information is being transmitted to the Administrator to ensure the proper administration of the Emergency Broadband Benefit Program, and that failure to provide consent will result in subscriber being denied the Emergency Broadband Benefit. ( 7 ) When a participating provider de-enrolls a subscriber from the Emergency Broadband Benefit Program, it must transmit to the National Lifeline Accountability Database the date of Emergency Broadband Benefit Program de-enrollment within one business day of de-enrollment. ( 8 ) All participating providers must securely retain subscriber documentation that the participating provider reviewed to verify subscriber eligibility, for the purposes of production during audits or investigations or to the extent required by National Lifeline Accountability Database or National Verifier processes, which require, inter alia, verification of eligibility, identity, address, and age. ( 9 ) A participating provider must not enroll or claim for reimbursement a prospective subscriber in the Emergency Broadband Benefit Program if the National Lifeline Accountability Database or National Verifier cannot verify the subscriber's status as alive, unless the subscriber produces documentation to demonstrate his or her identity and status as alive. ( e ) Connected device reimbursement and the National Lifeline Accountability Database. In order to receive Emergency Broadband Benefit Program reimbursement for a connected device, participating providers must comply with the following requirements: ( 1 ) Such participating provider must query the National Lifeline Accountability Database to determine whether a prospective connected device benefit recipient has previously received a connected device benefit. ( 2 ) If the National Lifeline Accountability Database indicates that a prospective subscriber has received a connected device benefit, the participating provider must not seek a connected device reimbursement for that subscriber. ( 3 ) Such participating provider shall not seek a connected device reimbursement for a subscriber that is not receiving the Emergency Broadband Benefit for service provided by the same participating provider. ( 4 ) Where two or more participating providers file a claim for a connected device reimbursement for the same subscriber, only the participating provider whose information was received and processed by the National Lifeline Accountability Database or Lifeline Claims System first, as determined by the Administrator, will be entitled to a connected device reimbursement for that subscriber. ( 5 ) All participating providers must obtain from each subscriber consent to transmit the information required under paragraph (e)(1) of this section. Prior to obtaining consent, the participating provider must describe to the subscriber, using clear, easily understood language, the specific information being transmitted, that the information is being transmitted to the Administrator to ensure the proper administration of the Emergency Broadband Benefit Program connected device benefit, and that failure to provide consent will result in the subscriber being denied the Emergency Broadband Benefit Program connected device benefit. § 54.1607 Enrollment representative registration. Enrollment representative registration. A participating provider must require that enrollment representatives register with the Administrator before the enrollment representative can provide information directly or indirectly to the National Lifeline Accountability Database or the National Verifier. ( a ) As part of the registration process, participating providers must require that all enrollment representatives provide the Administrator with identifying information, which may include first and last name, date of birth, the last four digits of his or her social security number, email address, and residential address. Enrollment representatives will be assigned a unique identifier, which must be used for: ( 1 ) Accessing the National Lifeline Accountability Database; ( 2 ) Accessing the National Verifier; ( 3 ) Accessing any eligibility database; and ( 4 ) Completing any Emergency Broadband Benefit Program enrollment or verification forms. ( b ) Participating providers must ensure that enrollment representatives shall not use another person's unique identifier to enroll Emergency Broadband Benefit Program subscribers, recertify Emergency Broadband Benefit Program subscribers, or access the National Lifeline Accountability Database or National Verifier. ( c ) Participating providers must ensure that enrollment representatives shall regularly recertify their status with the Administrator to maintain their unique identifier and maintain access to the systems that rely on a valid unique identifier. Participating providers must also ensure that enrollment representatives shall update their registration information within 30 days of any change in such information. § 54.1608 Reimbursement for providing Emergency Broadband Benefit Program discount. ( a ) Emergency Broadband Benefit Program support for providing a qualifying broadband internet access service shall be provided directly to a participating provider based on the number of actual qualifying low-income households listed in the National Lifeline Accountability Database that the participating provider serves directly as of the first of the month. ( b ) For each eligible household receiving Emergency Broadband Benefit-supported service, the reimbursement amount shall equal the appropriate support amount as described in 47 CFR 54.1603 , except as otherwise provided by 47 CFR 54.1603(c) . The participating provider's Emergency Broadband Benefit Program reimbursement shall not exceed the participating provider's standard rate for that offering. ( c ) A participating provider offering an Emergency Broadband Benefit Program service with a standard rate that does not require the participating provider to assess and collect a monthly fee from its subscribers must certify that every subscriber claimed has used their supported service, as defined by 47 CFR 54.407(c)(2) , at least once during the service month being claimed prior in order to claim that subscriber for reimbursement in that month. ( d ) A participating provider that, in addition to providing the Emergency Broadband Benefit to an eligible household, provides such household with a connected device may be reimbursed up to $100.00 for such connected device, if the charge to such eligible household is more than $10.00 but less than $50.00 for such connected device, except that a participating provider may receive reimbursement for no more than one (1) connected device per eligible household. ( e ) In order to receive Emergency Broadband Benefit Program reimbursement, an officer of the participating provider must certify, as part of each request for reimbursement, that: ( 1 ) The officer is authorized to submit the request on behalf of the participating provider; ( 2 ) The officer has read the instructions relating to reimbursements and the funds sought in the reimbursement request are for services and/or devices that were provided in accordance with the Emergency Broadband Benefit Program rules and requirements; ( 3 ) The participating provider is in compliance with all of the rules in this subpart; ( 4 ) The participating provider has obtained valid certification and application forms as required by the rules in this subpart for each of the subscribers for whom it is seeking reimbursement; ( 5 ) The amount for which the participating provider is seeking reimbursement from the Emergency Broadband Connectivity Fund is not more than the standard rate; ( 6 ) Each eligible household for which the participating provider is seeking reimbursement for providing an internet service offering— ( i ) Has not been and will not be charged— ( A ) For such offering, if the standard rate for such offering is less than or equal to the amount of the emergency broadband benefit for such household; or ( B ) More for such offering than the difference between the standard rate for such offering and the amount of the emergency broadband benefit for such household; ( ii ) Will not be required to pay an early termination fee if such eligible household elects to enter into a contract to receive such internet service offering if such household later terminates such contract; ( iii ) Was not, after the date of the enactment of the Consolidated Appropriations Act, subject to a mandatory waiting period for such internet service offering based on having previously received broadband internet access service from such participating provider; and ( iv ) Will otherwise be subject to the participating provider's generally applicable terms and conditions as applied to other customers. ( 7 ) Each eligible household for which the participating provider is seeking reimbursement for supplying such household with a connected device was charged by the provider more than $10.00 but less than $50.00 for such connected device; ( 8 ) That the connected device claimed meets the Commission's requirements, that the reimbursement claim amount reflects the market value of the device, and that the connected device has been delivered to the household; ( 9 ) The process used by the participating provider to verify that a household is eligible for the Emergency Broadband Benefit Program, if the provider elects an alternative verification process and that such verification process was designed to avoid waste, fraud, and abuse. ( 10 ) The provider has retained the relevant supporting documents that demonstrate the connected devices requested are eligible for reimbursement; ( 11 ) All documentation associated with the reimbursement form, including all records for services and/or connected devices provided, will be retained for a period of at least six years after the last date of delivery of the supported services and/or connected devices provided through the Emergency Broadband Benefit Program, and are subject to audit; ( 12 ) The provider neither received nor paid kickbacks, as defined by 41 U.S.C. 8701 , in connection with the Emergency Broadband Benefit Program; ( 13 ) The information contained in this form is true, complete, and accurate to the best of the officer's knowledge, information, and belief, and is based on information known to the officer or provided to officer by employees responsible for the information being submitted; ( 14 ) The officer is aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject the officer to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise. ( 18 U.S.C. 286-287 , 1001 , 1341 , 31 U.S.C. 3729-3730 , 3801-3812 .); and ( 15 ) No service costs or devices sought for reimbursement have been waived, paid, or promised to be paid by another entity, including any Federal program. ( f ) In order to receive Emergency Broadband Benefit Program reimbursement, a participating provider must keep accurate records of the revenues it forgoes in providing Emergency Broadband Benefit-supported services. Such records shall be kept in the form directed by the Administrator and provided to the Administrator at intervals as directed by the Administrator or as provided in this subpart. ( g ) In order to receive reimbursement, participating providers shall submit certified reimbursement claims through Lifeline Claims System by the 15th of each month, or the following business day in the event the 15th is a holiday or falls on a weekend. If the participating provider fails to submit a certified reimbursement claim by the deadline for that month, the reimbursement claim will not be processed. § 54.1609 De-enrollment from the Emergency Broadband Benefit Program. ( a ) De-enrollment generally. If a participating provider has a reasonable basis to believe that an Emergency Broadband Benefit Program subscriber does not meet or no longer meets the criteria to be considered an eligible household under 47 CFR 54.1605 , the participating provider must notify the subscriber of impending termination of his or her Emergency Broadband Benefit discount. Notification of impending termination must be sent in writing separate from the subscriber's monthly bill, if one is provided, and must be written in clear, easily understood language. The participating provider must allow a subscriber 30 days following the date of the impending termination letter to demonstrate continued eligibility. A subscriber making such a demonstration must present proof of continued eligibility to the National Verifier or the participating provider consistent with the participating provider's approved alternative verification process. A participating provider must de-enroll any subscriber who fails to demonstrate eligibility within five business days after the expiration of the subscriber's deadline to respond. ( b ) De-enrollment for duplicative support. Notwithstanding paragraph (a) of this section, upon notification by the Administrator to any participating provider that a subscriber is receiving the Emergency Broadband Benefit discount from another participating provider, or that more than one member of a subscriber's household is receiving the Emergency Broadband Benefit discount and that the subscriber should be de-enrolled from participation in that provider's Emergency Broadband Benefit program, the participating provider must de-enroll the subscriber from participation in that provider's Emergency Broadband Benefit discount within five business days. A participating provider shall not claim any de-enrolled subscriber for Emergency Broadband Benefit reimbursement following the date of that subscriber's de-enrollment. ( c ) De-enrollment requested by subscriber. If a participating provider receives a request from a subscriber to de-enroll, it must de-enroll the subscriber within two business days after the request. § 54.1610 Expiration of Emergency Broadband Benefit Program. ( a ) Prior to the conclusion of the Emergency Broadband Benefit Program, the Administrator will notify participating providers of the projected final service month for which participating providers will be eligible to receive reimbursement for valid reimbursement claims submitted pursuant to 47 CFR 54.1608 . In that final month when valid reimbursement claims exceed remaining funds, the amount disbursed for both service and connected device claims to participating providers will be reduced on a pro-rata basis but will be no less than 50% of the total support amount for timely filed claims for service and connected devices provided to households. ( b ) Concurrent with release of the notice by the Administrator pursuant to paragraph (a) of this section, no new households shall be enrolled in the Emergency Broadband Benefit Program. ( c ) No later than 15 days after the Administrator provides notice pursuant to paragraph (a) of this section, participating providers shall give notice to subscribers receiving the Emergency Broadband Benefit of the last date or service month that the full benefit will apply to the household's bill, the last date or service month that the partial, final-month benefit will apply to their bill, and the expected rate of the broadband service once the benefit expires. ( d ) At least 30 days before the end of the Emergency Broadband Benefit Program, as indicated in the notice sent by the Administrator pursuant to paragraph (a) of this section, participating providers must notify households about the upcoming end to the Emergency Broadband Benefit Program and clearly state that the household will be subject to the participating provider's generally applicable terms and conditions at the conclusion of the Emergency Broadband Benefit Program if the household elects to continue receiving broadband service from the participating provider. § 54.1611 Recordkeeping requirements. Participating providers must maintain records to document compliance with all Commission requirements governing the Emergency Broadband Benefit Program for the six full preceding calendar years and provide that documentation to the Commission or Administrator upon request. Participating providers must maintain the documentation related to the eligibility determination and reimbursement claims for an Emergency Broadband Benefit Program subscriber for as long as the subscriber receives the Emergency Broadband Benefit discount from that participating provider, but for no less than the six full preceding calendar years. § 54.1612 Validity of electronic signatures. ( a ) For the purposes of this subpart, an electronic signature, defined by the Electronic Signatures in Global and National Commerce Act, as an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record, has the same legal effect as a written signature. ( b ) For the purposes of this subpart, an electronic record, defined by the Electronic Signatures in Global and National Commerce Act as a contract or other record created, generated, sent, communicated, received, or stored by electronic means, constitutes a record. Subpart Q—Emergency Connectivity Fund Source: 86 FR 29158 , May 28, 2021, unless otherwise noted. § 54.1700 Terms and definitions. ( a ) Advanced telecommunications and information services. “Advanced telecommunications and information services” are services, as such term is used in section 254(h) of the Communications Act, 47 U.S.C. 254(h) . ( b ) Billed entity. A “billed entity” is the entity that remits payment to service providers for equipment and services rendered to eligible schools and libraries. ( c ) Connected devices. “Connected devices” are laptop computers or tablet computers that are capable of connecting to advanced telecommunications and information services. Connected devices do not include desktop computers or smartphones. ( d ) Consortium. A “consortium” is any local, statewide, regional, or interstate cooperative association of schools and/or libraries eligible for Emergency Connectivity Fund support that seeks funding for eligible services on behalf of some or all of its members. A consortium may also include health care providers eligible under subpart G of this part , and public sector (governmental) entities, including, but not limited to, state colleges and state universities, state educational broadcasters, counties, and municipalities, although such entities are not eligible for support. ( e ) COVID-19 emergency period. The “COVID-19 emergency period” has the meaning given the term in title VII, section 7402(d)(5), Public Law 117-2 (the American Rescue Plan Act). ( f ) Educational purposes. For purposes of this subpart, activities that are integral, immediate, and proximate to the education of students in the case of a school, or integral, immediate, and proximate to the provision of library services to library patrons in the case of a library, qualify as “educational purposes.” ( g ) Elementary school. An “elementary school” means an elementary school as defined in 20 U.S.C. 7801 , a non-profit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under state law. ( h ) Library. A “library” includes: ( 1 ) A public library; ( 2 ) A public elementary school or secondary school library; ( 3 ) A Tribal library; ( 4 ) An academic library; ( 5 ) A research library, which for the purpose of this section means a library that: ( i ) Makes publicly available library services and materials suitable for scholarly research and not otherwise available to the public; and ( ii ) Is not an integral part of an institution of higher education; and ( 6 ) A private library, but only if the state in which such private library is located determines that the library should be considered a library for the purposes of this paragraph (h) . ( i ) Library consortium. A “library consortium” is any local, statewide, regional, or interstate cooperative association of libraries that provides for the systematic and effective coordination of the resources of schools, public, academic, and special libraries and information centers, for improving services to the clientele of such libraries. For the purposes of this subpart, references to library will also refer to library consortium. ( j ) National school lunch program. The “national school lunch program” is a program administered by the U.S. Department of Agriculture and state agencies that provides free or reduced-price lunches to economically-disadvantaged children. A child whose family income is between 130 percent and 185 percent of applicable family size income levels contained in the nonfarm poverty guidelines prescribed by the Office of Management and Budget is eligible for a reduced-price lunch. A child whose family income is 130 percent or less of applicable family size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget is eligible for a free lunch. ( k ) Secondary school. A “secondary school” means a secondary school as defined in 20 U.S.C. 7801 , a non-profit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under state law except that the term does not include any education beyond grade 12. ( l ) Wi-Fi. “Wi-Fi” is a wireless networking protocol based on Institute of Electrical and Electronics Engineers standard 802.11. ( m ) Wi-Fi hotspot. A “Wi-Fi hotspot” is a device that is capable of receiving advanced telecommunications and information services, and sharing such services with another connected device through the use of Wi-Fi. § 54.1701 Eligible recipients. ( a ) Schools. ( 1 ) Only schools meeting the statutory definition of “elementary school” or “secondary school” as defined in § 54.1700 , and not excluded under paragraph (a)(2) or (3) of this section shall be eligible for support under this subpart. ( 2 ) Schools operating as for-profit businesses shall not be eligible for support under this subpart. ( 3 ) Schools with endowments exceeding $50,000,000 shall not be eligible for support under this subpart. ( b ) Libraries. ( 1 ) Only libraries eligible for assistance from a state library administrative agency under the Library Services and Technology Act and not excluded under paragraph (b)(2) or (3) of this section shall be eligible for support under this subpart. ( 2 ) A library's eligibility for Emergency Connectivity Fund support shall depend on its funding as an independent entity. Only libraries whose budgets are completely separate from any schools (including, but not limited to, elementary and secondary schools, colleges, and universities) shall be eligible for support as libraries under this subpart. ( 3 ) Libraries operating as for-profit businesses shall not be eligible for support under this subpart. ( c ) Consortia. For consortia, reimbursement through the Emergency Connectivity Fund shall apply only to the portion of eligible equipment and services purchased by eligible schools and libraries and used by students, school staff, or library patrons as provided for by this subpart. § 54.1702 Emergency Connectivity Fund eligible equipment and services. ( a ) Eligible equipment. For the purposes of this subpart, the following shall be considered equipment eligible for Emergency Connectivity Fund support: ( 1 ) Wi-Fi hotspots; ( 2 ) Modems; ( 3 ) Routers; ( 4 ) Devices that combine a modem and a router; and ( 5 ) Connected devices. ( b ) Eligible services. ( 1 ) For purposes of this subpart, except as provided in paragraph (b)(2) of this section, services eligible for Emergency Connectivity Fund support shall be commercially-available fixed or mobile broadband internet access services, including those available for purchase by schools and libraries through bulk purchasing arrangements. ( 2 ) For eligible entities unable to provide students, school staff, or library patrons commercially-available fixed or wireless broadband internet access services, services eligible for Emergency Connectivity Fund support shall include the reasonable costs of construction of new networks, including self-provisioned networks included in the Emergency Connectivity Fund eligible services list; and/or the reasonable costs of customer premises equipment to receive datacasting services. § 54.1703 Emergency Connectivity Fund competitive bidding requirements. A school, library, or consortium seeking to participate in the Emergency Connectivity Fund must comply with all applicable state, local, or Tribal procurement requirements for all equipment and services supported by the Emergency Connectivity Fund. § 54.1704 Emergency Connectivity Fund gift restrictions. ( a ) Gift restrictions. ( 1 ) Subject to paragraphs (a)(3) and (4) of this section, an eligible school, library, or consortium that includes an eligible school or library may not directly or indirectly solicit or accept any gift, gratuity, favor, entertainment, loan, or any other thing of value from a service provider participating in or seeking to participate in the Emergency Connectivity Fund Program. No such service provider shall offer or provide any such gift, gratuity, favor, entertainment, loan, or other thing of value except as otherwise provided in this section. Modest refreshments not offered as part of a meal, items with little intrinsic value intended solely for presentation, and items worth $20 or less, including meals, may be offered or provided, and accepted by any individuals or entities subject to this subpart, if the value of these items received by any individual does not exceed $50 from any one service provider per funding year. The $50 amount for any service provider shall be calculated as the aggregate value of all gifts provided during a funding year by the individuals specified in paragraph (a)(2)(ii) of this section. ( 2 ) For purposes of this paragraph (a) : ( i ) The terms “school, library, or consortium” include all individuals who are on the governing boards of such entities (such as members of a school committee), and all employees, officers, representatives, agents, consultants or independent contractors of such entities involved on behalf of such school, library, or consortium with the Emergency Connectivity Fund Program, including individuals who prepare, approve, sign or submit Emergency Connectivity Fund Program applications, or other forms related to the Emergency Connectivity Fund Program, or who prepare bids, communicate, or work with Emergency Connectivity Fund Program service providers, Emergency Connectivity Fund Program consultants, or with the Administrator, as well as any staff of such entities responsible for monitoring compliance with the Emergency Connectivity Fund Program; and ( ii ) The term “service provider” includes all individuals who are on the governing boards of such an entity (such as members of the board of directors), and all employees, officers, representatives, agents, or independent contractors of such entities. ( 3 ) The restrictions set forth in this paragraph (a) shall not be applicable to the provision of any gift, gratuity, favor, entertainment, loan, or any other thing of value, to the extent given to a family member or a friend working for an eligible school, library, or consortium that includes an eligible school or library, provided that such transactions: ( i ) Are motivated solely by a personal relationship; ( ii ) Are not rooted in any service provider business activities or any other business relationship with any such eligible school, library, or consortium; and ( iii ) Are provided using only the donor's personal funds that will not be reimbursed through any employment or business relationship. ( 4 ) Any service provider may make charitable donations to an eligible school, library, or consortium that includes an eligible school or library in the support of its programs as long as such contributions are not directly or indirectly related to Emergency Connectivity Fund procurement activities or decisions and are not given by service providers to circumvent Emergency Connectivity Fund Program rules in this subpart. ( b ) COVID-19 pandemic exception. Any service provider may offer and provide, and any applicant may solicit and accept, broadband connections, devices, networking equipment, or other things of value directly related to addressing remote learning needs of students, school staff, and library patrons due to the COVID-19 pandemic through June 30, 2022. § 54.1705 Emergency Connectivity Fund eligible uses. Eligible equipment and services purchased with Emergency Connectivity Fund support must be used primarily for educational purposes, as defined in § 54.1700 . § 54.1706 Emergency Connectivity Fund service locations. ( a ) ( 1 ) Eligible schools and libraries can request and receive support for the purchase of eligible equipment and services for use by: ( i ) In the case of a school, students and school staff at locations other than the school; and ( ii ) In the case of a library, patrons of the library at locations other than the library. ( 2 ) Service locations may include, but are not limited to, homes, community centers, churches, school buses, bookmobiles, and any other off-campus locations where students, school staff, and library patrons are engaged in remote learning activities. ( b ) Eligible schools and libraries cannot request and receive support from the Emergency Connectivity Fund for the purchase of eligible equipment and services for use solely at the school or library during the COVID-19 emergency period. However, some use of eligible equipment, as defined in § 54.1700 , and eligible mobile services, purchased for off-campus may be used at the school or library is permitted. ( c ) Emergency Connectivity Fund support for eligible equipment and services is limited to no more than one fixed broadband internet access connection per location, and one connected device and one Wi-Fi hotspot device per student, school staff member, or library patron. For purposes of the per-location limitation imposed on fixed broadband internet access services in this paragraph (c) , each unit in a multi-tenant environment is a separate location for purposes of this paragraph (c) . § 54.1707 Emergency Connectivity Fund reasonable support amounts. Except as provided elsewhere in this subpart, in providing support from the Emergency Connectivity Fund, the Commission shall reimburse 100% of the costs associated with the eligible equipment and/or services, except that any reimbursement of for the costs associated with any eligible equipment or service may not exceed a reasonable support amount as provided in paragraphs (a) and (b) of this section. ( a ) Support amounts are limited up to $400 for connected devices and up to $250 for Wi-Fi hotspots. ( b ) The Wireline Competition Bureau is delegated authority to provide guidance to the Administrator to assess the reasonableness of requests for other eligible equipment or services, including those identified by the Administrator as containing costs that are inconsistent with other requests. § 54.1708 Emergency Connectivity Fund cap and requests. ( a ) Cap. ( 1 ) The Emergency Connectivity Fund shall have a cap of $7,171,000,000. ( 2 ) $1,000,000 to remain available until September 30, 2030, for the Inspector General of the Commission to conduct oversight of support provided through the Emergency Connectivity Fund. ( 3 ) Not more than 2% of the cap, or approximately $143,420,000, shall be used by the Commission and the Administrator for administration of the Emergency Connectivity Fund. ( b ) Requests. The Administrator shall implement an initial filing window, covering funding for purchases made between July 1, 2021 and June 30, 2022 for eligible equipment and services provided to students, school staff, and library patrons who would otherwise lack connected devices and/or broadband internet access services sufficient to engage in remote learning. All schools and libraries filing an application within that the initial filing period will have their applications treated as if they were simultaneously received. The initial filing period shall conclude after 45 days. If demand does not exceed available funds for the first filing window, the Wireline Competition Bureau will direct the Administrator to open a second application window for schools and libraries to seek funding for eligible equipment and services schools and libraries previously purchased to address the needs of students, school staff, and library patrons who would otherwise have lacked access to the equipment or services sufficient to engage in these activities during the COVID-19 pandemic. During this second application window, applicants will be able to submit requests for funding for purchases made from March 1, 2020 to June 30, 2021. However, in consideration of the importance of providing support for unconnected students, in the event that demand for prospective support in the first window appears to be far short of meeting current needs, the Commission may consider opening a second prospective window before opening an application window to fund previously purchased eligible equipment and services. If demand does not exceed available funds after the close of the second filing window, the Wireline Competition Bureau may direct the Administrator to open additional filing windows until the funds are exhausted or the emergency period ends, whichever is earlier. ( c ) Rules of distribution. ( 1 ) When the filing window(s) described in paragraph (b) of this section closes, the Administrator shall calculate the total demand for support submitted by applicants during the filing window. If total demand exceeds the total support available, the Administrator shall allocate funds to these requests for support, beginning with the most economically disadvantaged schools and libraries, as determined by the schools and libraries category one discount matrix in § 54.505(c) adjusted to provide a five percent increase for rural schools and libraries, as shown in the following matrix. Table 1 to Paragraph ( c )(1) % of students eligible for National School Lunch Program Emergency connectivity fund prioritization matrix Discount level Urban Rural < 1 20 30 1-19 40 55 20-34 50 65 35-49 60 75 50-74 80 85 75-100 90 95 ( 2 ) Schools and libraries eligible for a 95 percent discount shall receive first priority for the funds. The Administrator shall next allocate funds toward the requests submitted by schools and libraries eligible for an 90 percent discount, then for a 85 percent discount, and shall continue committing funds in the same manner to the applicants at each descending discount level until there are no funds remaining. If the remaining funds are not sufficient to support all of the funding requests within a particular discount level, the Administrator shall allocate funds at that discount level using the percentage of students eligible for the National School Lunch Program. § 54.1709 Availability period of the Emergency Connectivity Fund. The Emergency Connectivity Fund was established by Congress in the United States Treasury through an appropriation of $7.171 billion, to remain available until September 30, 2030. § 54.1710 Emergency Connectivity Fund requests for funding. ( a ) Filing of the FCC Form 471. An eligible school, library, or consortium that includes an eligible school or library seeking to receive Emergency Connectivity Fund support for eligible equipment and services under this subpart shall submit a completed FCC Form 471 to the Administrator. ( 1 ) The FCC Form 471 shall be signed by the person authorized to order eligible services for the eligible school, library, or consortium and shall include that person's certification under penalty of perjury that: ( i ) “I am authorized to submit this application on behalf of the above-named applicant and that based on information known to me or provided to me by employees responsible for the data being submitted, I hereby certify that the data set forth in this application has been examined and is true, accurate and complete. I acknowledge that any false statement on this application or on other documents submitted by this applicant can be punished by fine or forfeiture under the Communications Act ( 47 U.S.C. 502 , 503(b) ), or fine or imprisonment under Title 18 of the United States Code ( 18 U.S.C. 1001 ), or can lead to liability under the False Claims Act ( 31 U.S.C. 3729-3733 ).” ( ii ) “In addition to the foregoing, this applicant is in compliance with the rules and orders governing the Emergency Connectivity Fund Program, and I acknowledge that failure to be in compliance and remain in compliance with those rules and orders may result in the denial of funding, cancellation of funding commitments, and/or recoupment of past disbursements. I acknowledge that failure to comply with the rules and orders governing the Emergency Connectivity Fund Program could result in civil or criminal prosecution by law enforcement authorities.” ( iii ) “By signing this application, I certify that the information contained in this application is true, complete, and accurate, and the projected expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, sections 1001, 286-287 and 1341 and Title 31, sections 3729-3730 and 3801-3812).” ( iv ) The school meets the statutory definition of “elementary school” or “secondary school” as defined in § 54.1700 , does not operate as for-profit businesses, and does not have endowments exceeding $50 million. ( v ) The library or library consortia eligible is for assistance from a State library administrative agency under the Library Services and Technology Act, does not operate as for-profit businesses, and their budgets are completely separate from any school (including, but not limited to, elementary and secondary schools, colleges, and universities). ( vi ) The school, library, or consortia listed on the FCC Form 471 application has complied with all applicable state, local, or Tribal local laws regarding procurement of services for which support is being sought. ( vii ) The school or school consortium listed on the FCC Form 471 application is only seeking support for eligible equipment and/or services provided to students and school staff who would otherwise lack connected devices and/or broadband services sufficient to engage in remote learning. ( viii ) The library or library consortium listed on the FCC Form 471 application is only seeking support for eligible equipment and/or services provided to library patrons who have signed and returned a statement that the library patron would otherwise lack access to equipment or services sufficient to meet the patron's educational needs if not for the use of the equipment or service being provided by the library. ( ix ) The school, library, or consortia is not seeking Emergency Connectivity Fund support or reimbursement for eligible equipment or services that have been purchased and reimbursed in full with other Federal pandemic-relief funding, targeted state funding, other external sources of targeted funding or targeted gifts, or eligible for discounts from the schools and libraries universal service support mechanism or other universal service support mechanism. ( x ) The applicant or the relevant student, school staff member, or library patron has received, or the applicant has ordered or will order, the equipment and services for which funding is sought. ( xi ) The equipment and services the school, library, or consortium purchases or will purchase using Emergency Connectivity Fund support will be used primarily for educational purposes and will not be sold, resold, or transferred in consideration for money or any other thing of value, except as allowed by § 54.1713 . ( xii ) The school, library, or consortium will create and maintain an equipment and service inventory as required by § 54.1715 . ( xiii ) The school, library, or consortium has complied with all program rules and acknowledge that failure to do so may result in denial of discount funding and/or recovery of funding. ( xiv ) The applicant recognizes that it may be audited pursuant to its application, that it will retain for ten years any and all records related to its application, and that, if audited, it shall produce shall records at the request of any representative (including any auditor) appointed by a state education department, the Administrator, the Commission and its Office of Inspector General, or any local, state, or Federal agency with jurisdiction over the entity. ( xv ) No kickbacks, as defined in 41 U.S.C. 8701 and/or 42 U.S.C. 1320a-7b , were paid or received by the applicant to anyone in connection with the Emergency Connectivity Fund. ( 2 ) Applicants seeking support for new network construction or end-user equipment for datacasting services through the Emergency Connectivity Fund must also certify under penalty of perjury that they sought service from existing service providers in the relevant area and that such service providers were unable or unwilling to provide broadband internet access services sufficient to meet the remote learning needs of their students, school staff, or library patrons. ( 3 ) All information submitted as part of an FCC Form 471 application shall be treated as public and non-confidential by the Administrator. ( b ) Service substitution. ( 1 ) A request by an applicant to substitute equipment or service for one identified on its FCC Form 471 must be in writing. ( 2 ) The Administrator shall approve such written request where: ( i ) The equipment or service has the same functionality; and ( ii ) This substitution does not violate any contract provisions or state, local, or Tribal procurement law. ( 3 ) In the event that an equipment or service substitution results in a change in the amount of support, support shall be based on the lower of either the price for the equipment or service for which support was originally requested or the price of the new, substituted equipment or service. Reimbursement for substitutions shall only be provided after the Administrator has approved a written request for substitution. ( c ) Mixed eligibility equipment and services. If equipment or service includes both ineligible and eligible components, the applicant must remove the cost of the ineligible components of the equipment or service from the request for funding submitted to the Administrator. [ 86 FR 29158 , May 28, 2021, as amended at 86 FR 38570 , July 22, 2021; 86 FR 41409 , Aug. 2, 2021] § 54.1711 Emergency Connectivity Fund requests for reimbursement. ( a ) Submission of request for reimbursement (FCC Form 472 or FCC Form 474). Emergency Connectivity Fund Program reimbursement for the costs associated with eligible equipment and/or services shall be provided directly to an eligible school, library, consortium that includes an eligible school or library, or service provider seeking reimbursement from the Emergency Connectivity Fund Program upon submission and approval of a completed FCC Form 472 (Billed Entity Applicant Reimbursement Form) or a completed FCC Form 474 (Service Provider Invoice) to the Administrator. ( 1 ) The FCC Form 472 shall be signed by the person authorized to submit requests for reimbursement for the eligible school, library, or consortium and shall include that person's certification under penalty of perjury that: ( i ) “I am authorized to submit this request for reimbursement on behalf of the above-named school, library or consortium and that based on information known to me or provided to me by employees responsible for the data being submitted, I hereby certify that the data set forth in this request for reimbursement has been examined and is true, accurate and complete. I acknowledge that any false statement on this request for reimbursement or on other documents submitted by this school, library or consortium can be punished by fine or forfeiture under the Communications Act ( 47 U.S.C. 502 , 503(b) ), or fine or imprisonment under Title 18 of the United States Code ( 18 U.S.C. 1001 ), or can lead to liability under the False Claims Act ( 31 U.S.C. 3729-3733 ).” ( ii ) “In addition to the foregoing, the school, library or consortium is in compliance with the rules and orders governing the Emergency Connectivity Fund Program, and I acknowledge that failure to be in compliance and remain in compliance with those rules and orders may result in the denial of funding, cancellation of funding commitments, and/or recoupment of past disbursements. I acknowledge that failure to comply with the rules and orders governing the Emergency Connectivity Fund Program could result in civil or criminal prosecution by law enforcement authorities.” ( iii ) “By signing this request for reimbursement, I certify that the information contained in this request for reimbursement is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, sections 1001, 286-287 and 1341 and Title 31, sections 3729-3730 and 3801-3812).” ( iv ) The funds sought in the request for reimbursement are for eligible equipment and/or services that were purchased or ordered in accordance with the Emergency Connectivity Fund Program rules and requirements in this subpart and received by either the school, library, or consortium, or the students, school staff, or library patrons as appropriate. ( v ) The portion of the costs eligible for reimbursement and not already paid for by another source was either paid for in full by the school, library, or consortium, or will be paid to the service provider within 30 days of receipt of funds. ( vi ) The amount for which the school, library, or consortium is seeking reimbursement from the Emergency Connectivity Fund consistent with the requirements set out in § 54.1707 . ( vii ) The school, library, or consortium is not seeking Emergency Connectivity Fund reimbursement for eligible equipment and/or services that have been purchased and reimbursed in full with other Federal pandemic relief funding ( e.g., the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Emergency Broadband Benefit Program, or other provisions of the American Rescue Plan), targeted state funding, other external sources of targeted funding, or targeted gifts or eligible for discounts from the schools and libraries universal service support mechanism or other universal service support mechanisms. ( viii ) The equipment and services the school, library, or consortium purchased using Emergency Connectivity Fund support will be used primarily for educational purposes as defined in § 54.1700 and that the authorized person is not willfully or knowingly requesting reimbursement for equipment or services that are not being used. ( ix ) The equipment and services the school, library, or consortium purchased will not be sold, resold, or transferred in consideration for money or any other thing of value, except as allowed by § 54.1713 . ( x ) The school, library, or consortium recognizes that it may be subject to an audit, inspection or investigation pursuant to its request for reimbursement, that it will retain for ten years any and all records related to its request for reimbursement, and will make such records and equipment purchased with Emergency Connectivity Fund reimbursement available at the request of any representative (including any auditor) appointed by a state education department, the Administrator, the Commission and its Office of Inspector General, or any local, state, or Federal agency with jurisdiction over the entity. ( xi ) No kickbacks, as defined in 41 U.S.C. 8701 and/or 42 U.S.C. 1320a-7b , were paid or received by the applicant to anyone in connection with the Emergency Connectivity Fund. ( xii ) No Federal subsidy made available through a program administered by the Commission that provides funds to be used for the capital expenditures necessary for the provision of advanced communications services has been or will be used to purchase, rent, lease, or otherwise obtain, any covered communications equipment or service, or maintain any covered communications equipment or service, or maintain any covered communications equipment or service previously purchased, rented, leased, or otherwise obtained, as required by § 54.10 . ( 2 ) The FCC Form 474 shall be signed by the person authorized to submit requests for reimbursement for the service provider and shall include that person's certification under penalty of perjury that: ( i ) “I am authorized to submit this request for reimbursement on behalf of the above-named service provider and that based on information known to me or provided to me by employees responsible for the data being submitted, I hereby certify that the data set forth in this request for reimbursement has been examined and is true, accurate and complete. I acknowledge that any false statement on this request for reimbursement or on other documents submitted by this school, library or consortium can be punished by fine or forfeiture under the Communications Act ( 47 U.S.C. 502 , 503(b) ), or fine or imprisonment under Title 18 of the United States Code ( 18 U.S.C. 1001 ), or can lead to liability under the False Claims Act ( 31 U.S.C. 3729-3733 ).” ( ii ) “In addition to the foregoing, the service provider is in compliance with the rules and orders governing the Emergency Connectivity Fund Program, and I acknowledge that failure to be in compliance and remain in compliance with those rules and orders may result in the denial of funding, cancellation of funding commitments, and/or recoupment of past disbursements. I acknowledge that failure to comply with the rules and orders governing the Emergency Connectivity Fund Program could result in civil or criminal prosecution by law enforcement authorities.” ( iii ) “By signing this request for reimbursement, I certify that the information contained in this request for reimbursement is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, sections 1001, 286-287 and 1341 and Title 31, sections 3729-3730 and 3801-3812).” ( iv ) The funds sought in the request for reimbursement are for eligible equipment and/or services that were purchased or ordered in accordance with the Emergency Connectivity Fund Program rules and requirements in this subpart and received by either the school, library, or consortium, or by students, school staff, or library patrons, as appropriate. ( v ) The amount for which the service provider is seeking reimbursement from the Emergency Connectivity Fund is consistent with the requirements set forth in § 54.1707 . ( vi ) The service provider is not willfully or knowingly requesting reimbursement for services that are not being used. ( vii ) The service provider is not seeking Emergency Connectivity Fund reimbursement for eligible equipment and/or services for which it has already been paid. ( viii ) The service provider recognizes that it may be subject to an audit, inspection, or investigation pursuant to its request for reimbursement, that it will retain for ten years any and all records related to its request for reimbursement, and will make such records and equipment purchased with Emergency Connectivity Fund reimbursement available at the request of any representative (including any auditor) appointed by a state education department, the Administrator, the Commission and its Office of Inspector General, or any local, state, or Federal agency with jurisdiction over the entity. ( ix ) No kickbacks, as defined in 41 U.S.C. 8701 and/or 42 U.S.C. 1320a-7b , were paid or received by the applicant to anyone in connection with the Emergency Connectivity Fund. ( x ) No Federal subsidy made available through a program administered by the Commission that provides funds to be used for the capital expenditures necessary for the provision of advanced communications services has been or will be used to purchase, rent, lease, or otherwise obtain, any covered communications equipment or service, or maintain any covered communications equipment or service, or maintain any covered communications equipment or service previously purchased, rented, leased, or otherwise obtained, as required by § 54.10 . ( b ) Required documentation. Along with the submission of a completed FCC Form 472 or a completed FCC Form 474, an eligible school, library, consortium that includes an eligible school or library, or service provider seeking reimbursement from the Emergency Connectivity Fund must submit invoices detailing the items purchased or ordered to the Administrator at the time the FCC Form 472 or FCC Form 474 is submitted. Applicants that seek payment from the Emergency Connectivity Fund prior to paying their service provider(s) must also provide verification of payment to the service provider(s) within 30 days of receipt of funds. ( c ) Reimbursement and invoice processing. The Administrator shall accept and review requests for reimbursement and invoices subject to the invoice filing deadlines provided in paragraph (d) of this section. ( d ) Invoice filing deadline. Invoices must be submitted to the Administrator within 60 days from the date of a funding commitment decision letter; a revised funding commitment decision letter approving a post-commitment change or a successful appeal of a previously denied or reduced funding; notification by the Administrator of a processed returned funds (or refund) request; or service delivery date, whichever is later. ( e ) Service delivery date. ( 1 ) Except as provided in paragraphs (e)(1)(i) and (ii) of this section, for the initial filing window set forth in § 54.1708(b) and second application filing window, the service delivery date for equipment, other non-recurring services, and recurring services is June 30, 2023. ( i ) If the funding commitment decision letter or a revised funding commitment decision letter approving an appeal, waiver, or post-commitment request for equipment, is received on or after July 1, 2022, the service delivery date for service funding requests is 14 months from the date of that letter or June 30, 2024, whichever date is earlier. ( ii ) If the funding commitment decision letter or a revised funding commitment decision letter approving an appeal, waiver, or post-commitment request for equipment, is received on or after January 1, 2023, the service delivery date for equipment is 180 days from the date of that letter or June 30, 2024, whichever date is earlier. ( 2 ) For the third application filing window and any subsequent filing windows covering funding for purchases made between July 1, 2022, and June 30, 2024, the service delivery date for equipment, other non-recurring services, and recurring services is June 30, 2024. [ 86 FR 29158 , May 28, 2021, as amended at 86 FR 41409 , Aug. 2, 2021, as amended at 86 FR 70985 , Dec. 14, 2021; 87 FR 14181 , Mar. 14, 2022; 87 FR 19395 , Apr. 4, 2022; 88 FR 36513 , June 5, 2023; 88 FR 58511 , Aug. 28, 2023] § 54.1712 Duplicate support. Entities participating in the Emergency Connectivity Fund may not seek Emergency Connectivity Fund support or reimbursement for eligible equipment or services that have been purchased with or reimbursed in full from other Federal pandemic-relief funding, targeted state funding, other external sources of targeted funding or targeted gifts, or eligible for discounts from the schools and libraries universal service support mechanism or other universal service support mechanisms. § 54.1713 Treatment, resale, and transfer of equipment. ( a ) Prohibition on resale. Eligible equipment and services purchased with Emergency Connectivity Fund support shall not be sold, resold, or transferred in consideration of money or any other thing of value, except as provided in paragraph (b) of this section. ( b ) Disposal of obsolete equipment. Eligible equipment purchased using Emergency Connectivity Fund support shall be considered obsolete if the equipment are at least three years old. Obsolete equipment may be resold or transferred in consideration of money or any other thing of value, disposed of, donated, or traded. § 54.1714 Audits, inspections, and investigations. ( a ) Audits. Schools, libraries, consortia, and service providers shall be subject to audits and other investigations to evaluate their compliance with the statutory and regulatory requirements in this subpart for the Emergency Connectivity Fund, including those requirements pertaining to what equipment and services are purchased, what equipment and services are delivered, and how equipment and services are being used. ( b ) Inspections and investigations. Schools, libraries, consortia, and service providers shall permit any representative (including any auditor) appointed by a state education department, the Administrator, the Commission and its Office of Inspector General, or any local, state, or Federal agency with jurisdiction over the entity to enter their premises to conduct inspections for compliance with the statutory and regulatory requirements in this subpart of the Emergency Connectivity Fund. ( c ) Production of records for audits, inspections, and investigations. Where necessary for compliance with Federal or state privacy laws, Emergency Connectivity Fund participants may produce records regarding students, school staff, and library patrons in an anonymized or deidentified format. When requested by the Administrator or the Commission, as part of an audit or investigation, schools, libraries, and consortia must seek consent to provide personally identification information from a student who has reached the age of majority, the relevant parent/guardian of a minor student, or the school staff member or library patron prior to disclosure. § 54.1715 Records retention. ( a ) Equipment and service inventory requirements. Schools, libraries, and consortia shall keep asset and service inventories as follows: ( 1 ) For each connected device or other piece of equipment provided to an individual student, school staff member, or library patron, the asset inventory must identify: ( i ) The device or equipment type ( i.e. laptop, tablet, mobile hotspot, modem, router); ( ii ) The device or equipment make/model; ( iii ) The device or equipment serial number; ( iv ) The full name of the person to whom the device or other piece of equipment was provided; and ( v ) The dates the device or other piece of equipment was loaned out and returned to the school or library, or the date the school or library was notified that the device or other piece of equipment was missing, lost, or damaged. ( 2 ) For each connected device or other piece of eligible equipment not provided to an individual student, school staff member, or library patron, but used to provide service to multiple eligible users, the asset inventory must contain: ( i ) The device type or equipment type ( i.e. laptop, tablet, mobile hotspot, modem, router); ( ii ) The device or equipment make/model; ( iii ) The device or equipment serial number; ( iv ) The name of the school or library employee responsible for that device or equipment; and ( v ) The dates the device or equipment was in service. ( 3 ) For services provided to individual students, school staff, or library patrons, the service inventory must contain: ( i ) The type of service provided ( i.e., DSL, cable, fiber, fixed wireless, satellite, mobile wireless); ( ii ) The service plan details, including upload and download speeds and monthly data cap; ( iii ) The full name of the person(s) to whom the service was provided; ( iv ) The service address (for fixed broadband service only); ( v ) The installation date of the service (for fixed broadband service only); and ( vi ) The last date of service, as applicable (for fixed broadband service only). ( 4 ) For services not provided to an individual student, school staff member, or library patron, but used to provide service to multiple eligible users, the service inventory must contain: ( i ) The type of service provided ( i.e., DSL, cable, fiber, fixed wireless, satellite, mobile wireless); ( ii ) The service plan details, including upload and download speeds and monthly data cap; ( iii ) The name of the school or library employee responsible for the service; ( iv ) A description of the intended service area; ( v ) The service address (for fixed broadband service only); ( vi ) The installation date of the service (for fixed broadband service only); and ( vii ) The last date of service, as applicable (for fixed broadband service only). ( b ) Records retention. All Emergency Connectivity Fund participants shall retain records related to their participation in the program sufficient to demonstrate compliance with all program rules in this subpart for at least ten (10) years from the last date of service or delivery of equipment. ( c ) Production of records. All Emergency Connectivity Fund participants shall present such records upon request any representative (including any auditor) appointed by a state education department, the Administrator, the Commission and its Office of Inspector General, or any local, state, or Federal agency with jurisdiction over the entity. When requested by the Administrator or the Commission, schools, libraries, and consortia must seek consent to provide personally identification information from a student who has reached the age of majority, the relevant parent/guardian of a minor student, or the school staff member or library patron prior to disclosure. § 54.1716 Children's Internet Protection Act certifications. ( a ) Definitions — ( 1 ) School. For the purposes of the certification requirements of this section, school means school, school board, school district, local education agency or other authority responsible for administration of a school. ( 2 ) Library. For the purposes of the certification requirements of this section, library means library, library board or authority responsible for administration of a library. ( 3 ) Billed entity. Billed entity is defined in § 54.1700 . In the case of a consortium, the billed entity is the lead member of the consortium. ( 4 ) Connected devices. Connected devices are defined in § 54.1700 . ( b ) Who is required to make certifications ? ( 1 ) A school or library that receives support for internet access, internet service, or internal connections services under the Federal universal service support mechanism for schools and libraries, or internet access or internet service through the Emergency Connectivity Fund, must make such certifications as described in paragraph (c) of this section. The certifications required and described in paragraph (c) of this section must be made in each funding year. ( 2 ) A school or library that receives support for connected devices through the Emergency Connectivity Fund and uses internet access or internet service funded through the Federal universal service support mechanism for schools and libraries or through the Emergency Connectivity Fund must make the certifications as described in paragraph (c) of this section. The certifications required and described in paragraph (c) of this section must be made in each funding year. ( 3 ) Schools and libraries that are not receiving support for internet access, internet service, or internal connections under the Federal universal service support mechanism for schools and libraries; internet access or internet service through the Emergency Connectivity Fund; or connected devices that do not use internet access or internet service funded through the Federal universal service support mechanism for schools and libraries or the Emergency Connectivity Fund are not subject to the requirements in 47 U.S.C. 254(h) and (l) , but must indicate, pursuant to the certification requirements in paragraph (c) of this section, that they are not receiving support for such services or that the connected devices do not use internet access or internet service funded through the Federal universal service support mechanism for schools and libraries or the Emergency Connectivity Fund. ( c ) Certifications required under 47 U.S.C. 254(h) and (1) . ( 1 ) An Emergency Connectivity Fund applicant need not complete additional Children's Internet Protection Act (CIPA) compliance certifications if the applicant has already certified its CIPA compliance for the relevant funding year ( i.e., has certified its compliance in an FCC Form 486 or FCC Form 479). ( 2 ) Emergency Connectivity Fund applicants that have not already certified their CIPA compliance for an E-Rate application for the relevant funding year ( i.e., have not completed a FCC Form 486 or FCC Form 479), will be required to certify: ( i ) That they are in compliance with CIPA requirements under sections 254(h) and (l); ( ii ) That they are undertaking the actions necessary to comply with CIPA requirements as part of their request for support through the Emergency Connectivity Fund; or ( iii ) If applicable, that the requirements of CIPA do not apply, because the applicant is not receiving support for internet access, internet service, or internal connections under the Federal universal service support mechanism for schools and libraries or internet access or internet service through the Emergency Connectivity Fund, or the connected devices do not use internet access or internet service funded through the Federal universal support mechanism for schools and libraries or the Emergency Connectivity Fund. ( d ) Failure to provide certifications — ( 1 ) Schools and libraries. A school or library that knowingly fails to submit certifications as required by this section shall not be eligible for support through the Emergency Connectivity Fund until such certifications are submitted. ( 2 ) Consortia. A billed entity's knowing failure to collect the required certifications from its eligible school and library members or knowing failure to certify that it collected the required certifications shall render the entire consortium ineligible for support through the Emergency Connectivity Fund. ( 3 ) Reestablishing eligibility. At any time, a school or library deemed ineligible for equipment and services under the Emergency Connectivity Fund because of failure to submit certifications required by this section may reestablish eligibility for support by providing the required certifications to the Administrator and the Commission. ( e ) Failure to comply with the certifications — ( 1 ) Schools and libraries. A school or library that knowingly fails to comply with the certifications required by this section must reimburse any funds and support received under the Emergency Connectivity Fund for the period in which there was noncompliance. ( 2 ) Consortia. In the case of consortium applications, the eligibility for support of consortium members who comply with the certification requirements of this section shall not be affected by the failure of other school or library consortium members to comply with such requirements. ( 3 ) Reestablishing compliance. At any time, a school or library deemed ineligible for support through the Emergency Connectivity Fund for failure to comply with the certification requirements of this section and that has been directed to reimburse the program for support received during the period of noncompliance may reestablish compliance by complying with the certification requirements under this section. Upon submittal to the Commission of a certification or other appropriate evidence of such remedy, the school or library shall be eligible for support through the Emergency Connectivity Fund. ( f ) Waivers based on state or local procurement rules and regulations and competitive bidding requirements. Waivers shall be granted to schools and libraries when the authority responsible for making the certifications required by this section cannot make the required certifications because its state or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification otherwise required. The waiver shall be granted upon the provision, by the authority responsible for making the certifications on behalf of schools or libraries, that the schools or libraries will be brought into compliance with the requirements of this section before the close of the relevant funding year. § 54.1717 Administrator of the Emergency Connectivity Fund. ( a ) The Universal Service Administrative Company is appointed the permanent Administrator of the Emergency Connectivity Fund and shall be responsible for administering the Emergency Connectivity Fund. ( b ) The Administrator shall be responsible for reviewing applications for funding, recommending funding commitments, issuing funding commitment decision letters, reviewing invoices and recommending payment of funds, as well as other administration-related duties. ( c ) The Administrator may not make policy, interpret unclear provisions of statutes or rules, or interpret the intent of Congress. Where statutes or the Commission's rules in this subpart are unclear, or do not address a particular situation, the Administrator shall seek guidance from the Commission. ( d ) The Administrator may advocate positions before the Commission and its staff only on administrative matters relating to the Emergency Connectivity Fund. ( e ) The Administrator shall create and maintain a website, as defined in § 54.5 , on which applications for services will be posted on behalf of schools and libraries. ( f ) The Administrator shall provide the Commission full access to the data collected pursuant to the administration of the Emergency Connectivity Fund. ( g ) The administrator shall provide performance measurements pertaining to the Emergency Connectivity Fund as requested by the Commission by order or otherwise. ( h ) The Commission shall have the authority to audit all entities reporting data to the Administrator regarding the Emergency Connectivity Fund. When the Commission, the Administrator, or any independent auditor hired by the Commission or the Administrator, conducts audits of the participants of the Emergency Connectivity Fund, such audits shall be conducted in accordance with generally accepted government auditing standards. ( i ) The Commission shall establish procedures to verify support amounts provided by the Emergency Connectivity Fund and may suspend or delay support amounts if a party fails to provide adequate verification of the support amounts provided upon reasonable request from the Administrator. ( j ) The Administrator shall make available to whomever the Commission directs, free of charge, any and all intellectual property, including, but not limited to, all records and information generated by or resulting from its role in administering the support mechanisms, if its participation in administering the Emergency Connectivity Fund ends. If its participation in administering the Emergency Connectivity Fund ends, the Administrator shall be subject to close-out audits at the end of its term. § 54.1718 Appeal and waiver requests. ( a ) Parties permitted to seek review of Administrator decision. ( 1 ) Any party aggrieved by an action taken by the Administrator must first seek review from the Administrator. ( 2 ) Any party aggrieved by an action taken by the Administrator under paragraph (a)(1) of this section may seek review from the Federal Communications Commission as set forth in paragraph (b) of this section. ( 3 ) Parties seeking waivers of the Commission's rules in this subpart shall seek relief directly from the Commission and need not first file an action for review from the Administrator under paragraph (a)(1) of this section. ( b ) Filing deadlines. ( 1 ) An affected party requesting review of a decision by the Administrator pursuant to paragraph (a)(1) of this section shall file such a request within thirty (30) days from the date the Administrator issues a decision. ( 2 ) An affected party requesting review by the Commission pursuant to paragraph (a)(2) of this section of a decision by the Administrator under paragraph (a)(1) of this section shall file such a request with the Commission within thirty (30) days from the date of the Administrator's decision. Further, any party seeking a waiver of the Commission's rules under paragraph (a)(3) of this section shall file a request for such waiver within thirty (30) days from the date of the Administrator's initial decision, or, if an appeal is filed under paragraph (a)(1) of this section, within thirty days from the date of the Administrator's decision resolving such an appeal. ( 3 ) In all cases of requests for review filed under paragraphs (a)(1) through (3) of this section, the request for review shall be deemed filed on the postmark date. If the postmark date cannot be determined, the applicant must file a sworn affidavit stating the date that the request for review was mailed. ( 4 ) Parties shall adhere to the time periods for filing oppositions and replies set forth in § 1.45 of this chapter . ( c ) General filing requirements. ( 1 ) Except as otherwise provided in this section, a request for review of an Administrator decision by the Federal Communications Commission shall be filed with the Federal Communications Commission's Office of the Secretary in accordance with the general requirements set forth in part 1 of this chapter . The request for review shall be captioned “In the Matter of Request for Review by (name of party seeking review) of Decision of Universal Service Administrator” and shall reference the applicable docket numbers. ( 2 ) A request for review pursuant to paragraphs (a)(1) through (3) of this section shall contain: ( i ) A statement setting forth the party's interest in the matter presented for review; ( ii ) A full statement of relevant, material facts with supporting affidavits and documentation; ( iii ) The question presented for review, with reference, where appropriate, to the relevant Federal Communications Commission rule, Commission order, or statutory provision; and ( iv ) A statement of the relief sought and the relevant statutory or regulatory provision pursuant to which such relief is sought. ( 3 ) A copy of a request for review that is submitted to the Federal Communications Commission shall be served on the Administrator consistent with the requirement for service of documents set forth in § 1.47 of this chapter . ( 4 ) If a request for review filed pursuant to paragraphs (a)(1) through (3) of this section alleges prohibitive conduct on the part of a third party, such request for review shall be served on the third party consistent with the requirement for service of documents set forth in § 1.47 of this chapter . The third party may file a response to the request for review. Any response filed by the third party shall adhere to the time period for filing replies set forth in § 1.45 of this chapter and the requirement for service of documents set forth in § 1.47 of this chapter . ( d ) Review by the Wireline Competition Bureau or the Commission. ( 1 ) Requests for review of Administrator decisions that are submitted to the Federal Communications Commission shall be considered and acted upon by the Wireline Competition Bureau; provided, however, that requests for review that raise novel questions of fact, law, or policy shall be considered by the full Commission. ( 2 ) An affected party may seek review of a decision issued under delegated authority by the Wireline Competition Bureau pursuant to the rules set forth in part 1 of this chapter . ( e ) Standard of review. ( 1 ) The Wireline Competition Bureau shall conduct de novo review of request for review of decisions issued by the Administrator. ( 2 ) The Federal Communications Commission shall conduct de novo review of requests for review of decisions by the Administrator that involve novel questions of fact, law, or policy; provided, however, that the Commission shall not conduct de novo review of decisions issued by the Wireline Competition Bureau under delegated authority. ( f ) Emergency Connectivity Fund disbursements during pendency of a request for review and Administrator decision. When a party has sought review of an Administrator decision under paragraphs (a)(1) through (3) of this section, the Commission shall not process a request for the reimbursement of eligible equipment and/or services until a final decision has been issued either by the Administrator or by the Federal Communications Commission; provided, however, that the Commission may authorize disbursement of funds for any amount of support that is not the subject of an appeal. Subpart R—Affordable Connectivity Program Source: 87 FR 8373 , Feb. 14, 2022 unless otherwise noted. § 54.1800 Definitions. ( a ) Administrator. The term “Administrator” means the Universal Service Administrative Company. ( b ) Affordable connectivity benefit. The term “affordable connectivity benefit” means a monthly discount for an eligible household, applied to the actual amount charged to such household, in an amount equal to such amount charged, but not more than $30, or, if an internet service offering is provided to an eligible household on Tribal land, not more than $75. ( c ) Broadband internet access service. The term “broadband internet access service” has the meaning given such term in 47 CFR 8.1(b) or any successor regulation. ( d ) Broadband provider. The term “broadband provider” means a provider of broadband internet access service. ( e ) Commission. The term “Commission” means the Federal Communications Commission. ( f ) Connected device. The term “connected device” means a laptop or desktop computer or a tablet. ( g ) Designated as an eligible telecommunications carrier. The term “designated as an eligible telecommunications carrier,” with respect to a broadband provider, means the broadband provider is designated as an eligible telecommunications carrier under section 214(e) of the Communications Act of 1934 ( 47 U.S.C. 214(e) ). ( h ) Direct service. As used in this subpart, direct service means the provision of service directly to the qualifying low-income consumer. ( i ) Duplicative support. “Duplicative support” exists when an Affordable Connectivity Program subscriber or household is receiving two or more Affordable Connectivity Program services concurrently or two or more subscribers in a household have received a connected device with an Affordable Connectivity Program discount. ( j ) Eligible household. The term “eligible household” means, regardless of whether the household or any member of the household receives support under subpart E of this Part , and regardless of whether any member of the household has any past or present arrearages with a broadband provider, a household in which— ( 1 ) At least one member of the household meets the qualifications in § 54.409(a)(2) or (3) or (b) ; ( 2 ) The household's income as defined in § 54.1800(k) is at or below 200% of the Federal Poverty Guidelines for a household of that size; ( 3 ) At least one member of the household has applied for and been approved to receive benefits under the free and reduced price lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ), or at least one member of the household is enrolled in a school or school district that participates in the Community Eligibility Provision ( 42 U.S.C. 1759a ); ( 4 ) At least one member of the household has received a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) in the current award year, if such award is verifiable through the National Verifier or National Lifeline Accountability Database or the participating provider verifies eligibility under § 54.1806(a)(2) ; ( 5 ) At least one member of the household meets the eligibility criteria for a participating provider's existing low-income program, subject to the requirements of § 54.1806(a)(2) ; or ( 6 ) At least one member of the household receives assistance through the special supplemental nutritional program for women, infants and children established by section 17 of the Child Nutrition Act of 1996 ( 42 U.S.C. 1786 ). ( 7 ) Compliance with paragraph (j)(1) of this section will not be required until this paragraph (j)(7) is removed or contains a compliance date, which will not occur until the later of July 15, 2024; or after OMB completes review of any information collection requirements in subpart E of this part , §§ 54.403(a)(4) , 54.410(d)(2)(ii) , 54.410(i) , and 54.424 , that the Wireline Competition Bureau determines is required under the Paperwork Reduction Act or the Wireline Competition Bureau determines that such review is not required. The Commission directs the Wireline Competition Bureau to announce a compliance date for the requirements of paragraph (j)(1) by subsequent Public Notice and notification in the Federal Register and to cause this section to be revised accordingly. ( k ) Enrollment representative. “Enrollment representative” means an employee, agent, contractor, or subcontractor, acting on behalf of a participating provider or third-party entity, who directly or indirectly provides information to the Administrator for the purpose of eligibility verification, enrollment, subscriber personal information updates, benefit transfers, or de-enrollment. ( l ) Household. A “household” is any individual or group of individuals who are living together at the same address as one economic unit. A household may include related and unrelated persons. An “economic unit” consists of all adult individuals contributing to and sharing in the income and expenses of a household. An adult is any person eighteen years or older. If an adult has no or minimal income, and lives with someone who provides financial support to him/her, both people shall be considered part of the same household. Children under the age of eighteen living with their parents or guardians are considered to be part of the same household as their parents or guardians. ( m ) Income. “Income” means gross income as defined under section 61 of the Internal Revenue Code, 26 U.S.C. 61 , for all members of the household. This means all income actually received by all members of the household from whatever source derived, unless specifically excluded by the Internal Revenue Code, Part III of Title 26, 26 U.S.C. 101 et seq. ( n ) Internet service offering. The term “internet service offering” means, with respect to a broadband provider, broadband internet access service provided by such provider to a household. ( o ) Lifeline qualifying assistance program. A “Lifeline qualifying assistance program” means any of the Federal or Tribal assistance programs the participation in which, pursuant to § 54.409(a) or (b) , qualifies a consumer for Lifeline service, including Medicaid; Supplemental Nutrition Assistance Program; Supplemental Security Income; Federal Public Housing Assistance; Veterans and Survivors Pension Benefit; Bureau of Indian Affairs general assistance; Tribally administered Temporary Assistance for Needy Families (Tribal TANF); Head Start (only those households meeting its income qualifying standard); or the Food Distribution Program on Indian Reservations (FDPIR). ( p ) National Lifeline Accountability Database. The “National Lifeline Accountability Database” is an electronic system, with associated functions, processes, policies and procedures, to facilitate the detection and elimination of duplicative support, as directed by the Commission. ( q ) National Lifeline Eligibility Verifier or National Verifier. The “National Lifeline Eligibility Verifier” or “National Verifier” is an electronic and manual system with associated functions, processes, policies and procedures, to facilitate the determination of consumer eligibility for the Lifeline program and Affordable Connectivity Program, as directed by the Commission. ( r ) Participating provider. The term “participating provider” means a broadband provider that— ( 1 ) Is designated as an eligible telecommunications carrier; or ( 2 ) Meets the requirements established by the Commission for participation in the Affordable Connectivity Program and is approved by the Commission under § 54.1801(b) ; and ( 3 ) Elects to participate in the Affordable Connectivity Program; and ( 4 ) Has not been removed or voluntarily withdrawn from the Affordable Connectivity Program pursuant to § 54.1801(e) . ( s ) Tribal lands. For purposes of this subpart, “Tribal lands” include any federally recognized Indian tribe's reservation, pueblo, or colony, including former reservations in Oklahoma; Alaska Native regions established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688); Indian allotments; Hawaiian Home Lands—areas held in trust for Native Hawaiians by the State of Hawaii, pursuant to the Hawaiian Homes Commission Act, 1920 July 9, 1921, 42 Stat. 108, et. seq., as amended; and any land designated as such by the Commission for purposes of subpart E of this part pursuant to the designation process in § 54.412 . [ 87 FR 8373 , Feb. 14, 2022, as amended at 88 FR 84447 , Dec. 5, 2023] § 54.1801 Participating providers. ( a ) Eligible telecommunications carriers. A broadband provider that is designated as an eligible telecommunications carrier may participate in the Affordable Connectivity Program as a participating provider. ( b ) Other broadband providers. A broadband provider that is not designated as an eligible telecommunications carrier may seek approval from the Wireline Competition Bureau to participate in the Affordable Connectivity Program as a participating provider. ( 1 ) The Wireline Competition Bureau shall review and act on applications to be designated as a participating provider on an expedited basis. Such applications shall contain: ( i ) The states or territories in which the provider plans to participate; ( ii ) The service areas in which the provider has the authority, if needed, to operate in each State or territory, but has not been designated an eligible telecommunications carrier; and, ( iii ) Certifications of the provider's plan to combat waste, fraud, and abuse, which shall: ( A ) Confirm a household's eligibility for the Program through either the National Verifier or a Commission-approved eligibility verification process prior to seeking reimbursement for the respective subscriber; ( B ) Follow all enrollment requirements and obtain all certifications as required by the Program, including providing eligible households with information describing the Program's eligibility requirements, one-per-household rule, and enrollment procedures; ( C ) Interact with the necessary Administrator systems, including the National Verifier, National Lifeline Accountability Database, and Representative Accountability Database, before submitting claims for reimbursement, including performing the necessary checks to ensure the household is not receiving duplicative benefits within the Program; ( D ) De-enroll from the Program any household it has a reasonable basis to believe is no longer eligible to receive the benefit consistent with Program requirements; ( E ) Comply with the Program's document retention requirements and agree to make such documentation available to the Commission or USAC, upon request or any entities (for example, auditors) operating on their behalf; and ( F ) Agree to the Commission's enforcement and forfeiture authority. ( 2 ) Notwithstanding paragraph (b)(1) of this section, the Wireline Competition Bureau shall automatically approve as a participating provider a broadband provider that has an established program as of April 1, 2020, that is widely available and offers internet service offerings to eligible households and maintains verification processes that are sufficient to avoid fraud, waste, and abuse. Such applications seeking automatic approval shall contain: ( i ) The States or territories in which the provider plans to participate; ( ii ) The service areas in which the provider has the authority, if needed, to operate in each State or territory, but has not been designated an Eligible Telecommunications Carrier; and, ( iii ) A description, supported by documentation, of the established program with which the provider seeks to qualify for automatic admission to the Affordable Connectivity Program. ( c ) Election notice. All participating providers shall file an election notice with the Administrator. The election notice shall be submitted in a manner and form consistent with the direction of the Wireline Competition Bureau and the Administrator. All participating providers shall maintain up-to-date contact and other administrative information contained in the election notice as designated by the Wireline Competition Bureau and the Administrator. These updates shall be made within 10 business days of the change in designated information contained in the election notice. The election notice shall be made under penalty of perjury or perjury and at a minimum should contain: ( 1 ) The states or territories in which the provider plans to participate in the Affordable Connectivity Program; ( 2 ) A statement that, in each State or territory, the provider was a “broadband provider;” ( 3 ) A list of states or territories where the provider is an existing Eligible Telecommunications Carrier, if any; ( 4 ) A list of states or territories where the provider received Wireline Competition Bureau approval, whether automatic or expedited, to participate, if any; ( 5 ) Whether the provider intends to distribute connected devices, and if so, documentation and information detailing the equipment, co-pay amount charged to eligible households, and market value of the connected devices in compliance with the rules and orders of the Affordable Connectivity Program; and ( 6 ) Any other information necessary to establish the participating provider in the Administrator's systems. ( d ) Alternative verification process application. In accordance with § 54.1806(a)(2) , all participating providers seeking to verify household eligibility with an alternative verification process shall submit an application in a manner and form consistent with the direction of Wireline Competition Bureau. All participating providers shall maintain up-to-date information contained in the application as designated by the Wireline Competition Bureau. These updates shall be made within 10 business days of the change in designated information. The alternative verification process application shall be made under penalty of perjury and at a minimum should contain: ( 1 ) A description of how the participating provider will collect a prospective subscriber's— ( i ) Full name, ( ii ) Phone number, ( iii ) Date of birth, ( iv ) Email address, ( v ) Home and mailing addresses, ( vi ) Name and date of birth of the benefit qualifying person if different than applicant, ( vii ) Household eligibility criteria and documentation supporting verification of eligibility, and ( viii ) Certifications from the household that the information included in the application is true. ( 2 ) A description of the process the participating provider uses to verify the required subscriber information contained in paragraph (d)(1) of this section and why this process is sufficient to prevent waste, fraud, and abuse, ( 3 ) A description of the training the participating provider uses for its employees and agents to prevent ineligible enrollments, including enrollments based on fabricated documents, ( 4 ) A description of why any of the criteria contained in paragraphs (d)(1) through (3) of this section is not necessary to prevent waste, fraud, and abuse if any of the criteria are not part of the alternative verification process, and ( 5 ) A description of why the participating provider's established program requires approval of an alternative verification process and why the participating provider proposes to use an alternative verification process instead of the National Verifier for eligibility determinations. ( e ) Voluntary withdrawal or involuntary removal of participating providers from the Affordable Connectivity Program — ( 1 ) Definitions. For purposes of this paragraph (e) : ( i ) Removal. Removal means involuntary discontinuation of a provider's participation in the Affordable Connectivity Program pursuant to the process outlined in paragraphs (e)(2)(ii) and (iii) of this section. ( ii ) Suspension. Suspension means exclusion of a participating provider from activities related to the Affordable Connectivity Program for a temporary period pending completion of a removal proceeding. ( 2 ) Suspension and removal — ( i ) Suspension and removal in general. The Commission may suspend and/or remove a participating provider for any of the causes in paragraph (e)(2)(ii) of this section. Suspension or removal of a participating provider constitutes suspension or removal of all its divisions, other organizational elements, and individual officers and employees, unless the Commission limits the application of the suspension or removal to specifically identified divisions, other organizational elements, or individuals or to specific types of transactions. ( ii ) Causes for suspension or removal. Causes for suspension or removal are any of the following: ( A ) Violations of the rules or requirements of the Affordable Connectivity Program, the Emergency Broadband Benefit Program, the Lifeline program, the Emergency Connectivity Fund or successor programs, or any of the Commission's Universal Service Fund programs; ( B ) Any action that indicates a lack of business integrity or business honesty that seriously and directly affects the provider's responsibilities under the Affordable Connectivity Program, that undermines the integrity of the Affordable Connectivity Program, or that harms or threatens to harm prospective or existing program participants, including without limitation fraudulent enrollments. ( C ) A conviction or civil judgment for attempt or commission of fraud, theft, embezzlement, forgery, bribery, falsification or destruction of records, false statements, receiving stolen property, making false claims, obstruction of justice, or similar offense, that arises out of activities related to the Affordable Connectivity Program, the Emergency Broadband Benefit Program, the Lifeline program, the Emergency Connectivity Fund or successor programs, or any of the Commission's Universal Service Fund programs. ( iii ) Suspension and removal procedures. The following procedures apply to the suspension and removal of a participating provider: ( A ) The Chief of the Wireline Competition Bureau or Enforcement Bureau will commence a removal proceeding by providing to the participating provider a notice via electronic mail and/or U.S. mail setting forth the legal and factual bases for the initiation of the removal proceeding (as well as notice of any interim measures taken under paragraph (e)(2)(iii)(B) of this section and reasons therefor) and informing the provider of its duty to respond within 30 days of the date of the notice. ( B ) Concurrent with the issuance of such notice commencing the removal proceeding, or at any time before a final determination in the proceeding is rendered, the Chief of the Wireline Competition Bureau or Enforcement Bureau may, in light of the facts and circumstances set forth in the notice commencing the removal proceeding, and with notice to the provider of this interim measure, direct that the participating provider be removed from the Commission's list of providers, from the Administrator's Companies Near Me Tool, or from any similar records, and also may direct the Administrator to temporarily suspend the provider's ability to enroll or transfer in new subscribers during the pendency of the removal proceeding. Any such interim actions may be taken only {i} if based upon adequate evidence of willful misconduct that would warrant removal under paragraph (e)(2)(ii) of this section, and {ii} after determining that immediate action is necessary to protect the public interest. In addition, the Chief of the Wireline Competition Bureau or Enforcement Bureau may also direct, with notice to the provider, that an interim funding hold (or partial hold) be placed on the provider upon a determination that there is adequate evidence that the provider's misconduct is likely to cause or has already resulted in improper claims for Affordable Connectivity Program reimbursement and is necessary to protect the public interest. Any funding hold should be tailored in a manner that relates to and is proportionate to the alleged misconduct. ( C ) The participating provider shall respond within 30 days of the date of the notice commencing the removal proceeding with any relevant evidence demonstrating that a rule violation or other conduct warranting removal has not in fact occurred and that the provider should not be removed from the Affordable Connectivity Program. Failure to respond or to provide evidence in a timely manner will result in a finding against the provider, removal from the program, and revocation of the provider's authorization to participate in the Affordable Connectivity Program. ( D ) Within 30 days of receiving the response, the Chief of the Wireline Competition Bureau or Enforcement Bureau will make a determination and issue an order providing a detailed explanation for the determination. If the Chief of the Wireline Competition Bureau or Enforcement Bureau determines that a preponderance of the evidence fails to demonstrate that there has been conduct warranting removal, then any measures taken under paragraph (e)(2)(iii)(B) of this section will be discontinued immediately. If the Chief of the Wireline Competition Bureau or Enforcement Bureau determines by a preponderance of the evidence that there has been conduct warranting removal, the provider's authorization to participate in the Affordable Connectivity Program will be revoked, and the provider shall be immediately removed from the program. Upon removal from the program, the former participating provider shall be barred from seeking to rejoin, and from participating in, the Affordable Connectivity Program for at least five years, or such longer period as provided for in the order, based upon review of all relevant circumstances. Any such providers will be similarly barred from participation in any Affordable Connectivity Program successor program during the removal period determined under the order. ( E ) A provider may request reconsideration of the Bureau Chief's determination under paragraph (e)(2)(iii)(D) of this section or submit a request for review by the full Commission pursuant to the Commission's rules. See §§ 1.106 , 1.115 of this chapter . A provider may also seek a stay of the Bureau Chief's determination under §§ 1.43 and 1.102(b)(3) of this chapter . ( 3 ) Voluntary withdrawal. A participating provider may withdraw its election to participate in the Affordable Connectivity Program by submitting a written notice of voluntary withdrawal to the Administrator at least 90 days before the intended effective date of the withdrawal. The notice of voluntary withdrawal shall include statements that the provider is complying with each of the transition provisions set forth in paragraph (d)(4) of this section. ( 4 ) Transition provisions for participating providers that are removed or that voluntarily withdraw from the program and their subscribers. ( i ) A participating provider shall cease to enroll or transfer in new households or to advertise or market the discounted rates for its services subject to the affordable connectivity benefit— ( A ) Immediately upon the effective date of the final removal determination, unless the provider has already been precluded on an interim basis from transferring in or enrolling new households; or ( B ) At least 90 days before the effective date of the provider's voluntary withdrawal from the program. ( ii ) A participating provider shall provide notices regarding its removal from the program to its existing eligible household subscribers to which it provides service at discounted rates subject to the affordable connectivity benefit. ( A ) The provider shall issue the first notice within 30 days of the removal determination and the second notice at least 15 days before the effective date of the provider's removal from the Affordable Connectivity Program. ( B ) Such notices shall include— ( 1 ) A statement that the participating provider will be removed from and no longer be participating in the Affordable Connectivity Program; ( 2 ) The effective date of the provider's removal from the Affordable Connectivity Program; ( 3 ) A statement that upon the effective date of the removal, the service purchased by the eligible household will no longer be available from the provider at the discounted rate subject to the affordable connectivity benefit; ( 4 ) The amount that the eligible household will be expected to pay if it continues purchasing the service from the provider after the discounted rate is no longer available; ( 5 ) An explanation that in order to continue receiving internet service with an affordable connectivity benefit after the provider has been removed from the program, the eligible household must transfer its affordable connectivity benefit to a different participating provider; ( 6 ) Information on how to locate providers participating in the Affordable Connectivity Program, including the web address for USAC's Companies Near Me tool, any provider listing published by the Commission, and other resources as applicable; ( 7 ) Instructions on how to find and select a new participating provider and to request such a transfer; ( 8 ) The provider's customer service telephone number and the telephone number and email address of the Administrator's Affordable Connectivity Program support center; and ( 9 ) Other information as determined by the Wireline Competition Bureau. ( iii ) A participating provider shall provide written notices regarding its voluntary withdrawal from the program to its existing eligible household subscribers to which it provides service at discounted rates subject to the affordable connectivity benefit. ( A ) The provider shall issue such notices 90 days, 60 days, and 30 days before the effective date of the provider's voluntary withdrawal from the program. ( B ) Such notices shall include— ( 1 ) The date when the service purchased by the eligible household will no longer be available from the provider at the discounted rate subject to the affordable connectivity benefit; ( 2 ) The amount that the eligible household will be expected to pay if it continues purchasing the service from the provider after the affordable connectivity program discount is no longer available and the effective date of the new rate; ( 3 ) An explanation that in order to continue receiving internet service with an affordable connectivity benefit after the provider withdraws from the Affordable Connectivity Program, the eligible household shall transfer its affordable connectivity benefit to a different participating provider; ( 4 ) Instructions on how to find and select a new participating provider and to request such a transfer; ( 5 ) Information on how to locate providers participating in the Affordable Connectivity Program, including the web address for the Administrator's Companies Near Me tool, any provider listing published by the Commission, and other resources as applicable; and ( 6 ) The provider's customer service telephone number and the telephone number and email address of the Administrator's Affordable Connectivity Program support center. ( iv ) A provider shall continue providing service to its existing eligible household subscribers at discounted rates subject to the affordable connectivity benefit— ( A ) Until the date 60 days after the effective date of the removal or order; or ( B ) Until the effective date of its voluntary withdrawal from the program. ( v ) A provider that has been removed or that has voluntarily withdrawn from the program may continue to request and receive reimbursements from the Administrator for the amount of the affordable connectivity benefit discounts that it provided to eligible household subscribers during the required 60 days following removal or until voluntary withdrawal, subject to the deadline for filing reimbursement claims. ( vi ) The provider shall retain records demonstrating its compliance with these transition requirements. ( f ) Annual certification by participating providers. An officer of the participating provider who oversees Affordable Connectivity Program business activities shall annually certify, under the penalty of perjury, that the participating provider has policies and procedures in place to comply with all Affordable Connectivity Program rules and procedures. This annual certification shall be made in a manner prescribed by the Wireline Competition Bureau and the Administrator. At a minimum, the annual certification requires the aforementioned officer of the participating provider attest to: ( 1 ) The participating provider having policies and procedures in place to ensure that its enrolled households are eligible to receive Affordable Connectivity Program support; ( 2 ) The participating provider having policies and procedures in place to ensure it accurately and completely provides information to required administrative systems, including the National Verifier, National Lifeline Accountability Database, Representative Accountability Database, and other Administrator Systems; and, ( 3 ) The participating provider acknowledging that: ( i ) It is subject to the Commission's enforcement, fine, or forfeiture authority under the Communications Act; ( ii ) It is liable for violations of the Affordable Connectivity Program rules and that its liability extends to violations by its agents, contractors, and representatives; ( iii ) Failure to be in compliance and remain in compliance with the Affordable Connectivity Program rules and orders, or for its agents, contractors, or representatives to fail to be in compliance, may result in the denial of funding, cancellation of funding commitments, and the recoupment of past disbursements; and ( iv ) Failure to comply with the rules and orders governing the Affordable Connectivity Program could result in civil or criminal prosecution by law enforcement authorities. § 54.1802 Affordable connectivity benefit. ( a ) The Affordable Connectivity Program will provide reimbursement to a participating provider for the monthly affordable connectivity benefit on the price of broadband internet access service (including associated equipment necessary to provide such service) it provides to an eligible household plus any amount the participating provider is entitled to receive for providing a connected device to such a household under § 54.1803(b) . ( b ) A participating provider may allow an eligible household to apply the affordable connectivity benefit to any residential service plan selected by the eligible household that includes broadband internet access service or a bundle of broadband internet access service along with fixed or mobile voice telephony service, text messaging service, or both. [ 87 FR 8373 , Feb. 14, 2022, as amended at 87 FR 8382 , Feb. 14, 2022] § 54.1803 Affordable Connectivity Program support amounts. ( a ) The monthly affordable connectivity benefit support amount for all participating providers shall equal the actual discount provided to an eligible household off of the actual amount charged to such household but not more than $30.00 per month, if that provider certifies that it will pass through the full amount of support to the eligible household, or not more than $75.00 per month, if that provider certifies that it will pass through the full amount of support to the eligible household on Tribal lands, as defined in § 54.1800(s) , or not more than $75.00 per month, if that provider certifies that it will pass through the full amount of support to the eligible household in a high-cost area, as defined in § 54.1814(a) , and is approved to offer the enhanced high-cost benefit in that high-cost area pursuant to the process in § 54.1814(b) . ( b ) A participating provider that, in addition to providing a broadband internet access service subject to the affordable connectivity benefit to an eligible household, supplies such household with a connected device may be reimbursed by an amount equal to the market value of the device less the amount charged to and paid by the eligible household, but no more than $100.00 for such connected device. ( 1 ) A participating provider that provides a connected device to an eligible household shall charge and collect from the eligible household more than $10.00 but less than $50.00 for such connected device; ( 2 ) An eligible household may receive, and a participating provider may receive reimbursement for, no more than one (1) connected device per eligible household; ( 3 ) The eligible household shall not receive such a discount for a connected device, and the participating provider shall not receive reimbursement for providing the connected device at such a discount, if the household or any member of the household previously received a discounted connected device from a participating provider in the Emergency Broadband Benefit Program or in the Affordable Connectivity Program. [ 87 FR 8373 , Feb. 14, 2022, as amended at 88 FR 60354 , Sept. 1, 2023] § 54.1804 Participating provider obligation to offer the Affordable Connectivity Program. All participating providers in the Affordable Connectivity Program shall: ( a ) Make available the affordable connectivity benefit to eligible households. ( b ) Publicize the availability of the Affordable Connectivity Program in a manner reasonably designed to reach those likely to qualify for the service and in a manner that is accessible to individuals with disabilities. ( c ) Notify all consumers who either subscribe to or renew a subscription to an internet service offering about the Affordable Connectivity Program and how to enroll. ( 1 ) Providers shall deliver a notice in writing or orally, in a manner that is accessible to persons with disabilities: ( i ) During enrollment for new subscribers; ( ii ) At least 30 days before the date of renewal for subscribers not enrolled in the Affordable Connectivity Program who have fixed-term plans longer than one month; and ( iii ) Annually for subscribers not already enrolled in the Affordable Connectivity Program who have month-to-month or similar non-fixed term plans. ( 2 ) The notice shall, at a minimum, indicate; ( i ) The eligibility requirements for consumer participation; ( ii ) That the Affordable Connectivity Program is non-transferable and limited to one monthly internet discount and a one-time connected device discount per household; ( iii ) How to enroll, such as a customer service phone number or relevant website information; and ( iv ) That the Affordable Connectivity Program is a Federal Government benefit program operated by the Federal Communications Commission and, if the Program ends, or when a household is no longer eligible, subscribers will be subject to the provider's regular rates, terms, and conditions. ( d ) Frequently carry out public awareness campaigns in their Affordable Connectivity Program areas of service that highlight the value and benefits of broadband internet access service and the existence of the Affordable Connectivity Program in collaboration with State agencies, public interest groups, and non-profit organizations and retain documentation sufficient to demonstrate their compliance with the public awareness obligations. [ 87 FR 8382 , Feb. 14, 2022] § 54.1805 Household qualifications for Affordable Connectivity Program. ( a ) To qualify for the Affordable Connectivity Program, a household must constitute an eligible household under the definition in § 54.1800(j) . ( b ) In addition to meeting the qualifications provided in paragraph (a) of this section, in order to qualify to receive an affordable connectivity benefit from a participating provider, neither the eligible household nor any member of the household may already be receiving another affordable connectivity benefit from that participating provider or any other participating provider. § 54.1806 Household eligibility determinations and annual recertification. ( a ) Eligibility verification processes. To verify whether a household is an eligible household, a participating provider shall— ( 1 ) Use the National Verifier; or ( 2 ) Rely upon an alternative verification process of the participating provider, if— ( i ) The participating provider submits information as required by the Commission regarding the alternative verification process prior to seeking reimbursement; and ( ii ) Not later than 7 days after receiving the information required under paragraph(a)(2)(i) of this section, the Wireline Competition Bureau— ( A ) Determines that the alternative verification process will be sufficient to avoid waste, fraud, and abuse; and ( B ) Notifies the participating provider of the determination under paragraph (a)(2)(ii)(A) of this section. ( 3 ) Rely on a school to verify the eligibility of a household based on the participation of the household in the free and reduced price lunch program or the school breakfast program as described in § 54.1800(j)(3) . The participating provider shall retain documentation demonstrating the school verifying eligibility, the program(s) that the school participates in, the qualifying household, and the program(s) the household participates in. ( 4 ) Check its own electronic systems, whether such systems are maintained by the participating provider or a third party, to confirm that the household is not already receiving another affordable connectivity benefit from that participating provider. ( 5 ) Collect and retain documentation establishing at least one member of the household is enrolled in a school or school district that participates in the National School Lunch Program's Community Eligibility Provision (CEP) ( 42 U.S.C. 1759a ) if enrolling households based on CEP eligibility. ( b ) Participating providers' obligations. All participating providers shall implement policies and procedures for ensuring that their Affordable Connectivity Program households are eligible to receive the affordable connectivity benefit. A provider may not provide a consumer with service that it represents to be Affordable Connectivity Program-supported service or seek reimbursement for such service, unless and until it has: ( 1 ) Confirmed that the household is an eligible household pursuant to § 54.1805(a) and (b) ; ( 2 ) Completed any other necessary enrollment steps, and; ( 3 ) Securely retained all information and documentation it receives related to the eligibility determination and enrollment, consistent with § 54.1811 . ( c ) One-per-household worksheet. If the prospective household shares an address with one or more existing Affordable Connectivity Program subscribers according to the National Lifeline Accountability Database or National Verifier, the prospective subscriber shall complete a form certifying compliance with the one-per-household rule set forth in § 54.1805(b) prior to initial enrollment. ( d ) The National Lifeline Accountability Database. In order to receive Affordable Connectivity Program support, participating providers shall comply with the following requirements: ( 1 ) All participating providers shall query the National Lifeline Accountability Database to determine whether a prospective subscriber is currently receiving an Affordable Connectivity Program supported service from another participating provider; and whether anyone else living at the prospective subscriber's residential address is currently receiving an Affordable Connectivity Program-supported service. ( 2 ) If the National Lifeline Accountability Database indicates that a prospective subscriber who is not seeking to transfer his or her affordable connectivity benefit, is currently receiving an Affordable Connectivity Program-supported service, the participating provider shall not provide and shall not seek or receive Affordable Connectivity Program reimbursement for that subscriber. ( 3 ) Participating providers may query the National Lifeline Accountability Database only for the purposes provided in paragraphs (d)(1) and (2) and (e)(1) and (2) of this section, and to determine whether information with respect to its subscribers already in the National Lifeline Accountability Database is correct and complete. ( 4 ) Participating providers shall transmit to the National Lifeline Accountability Database in a format prescribed by the Administrator each new and existing Affordable Connectivity Program subscriber's full name; full residential address; date of birth; the telephone number associated with the Affordable Connectivity Program service; the date on which the Affordable Connectivity Program discount was initiated; the date on which the Affordable Connectivity Program discount was terminated, if it has been terminated; the amount of support being sought for that subscriber; and the means through which the subscriber qualified for the Affordable Connectivity Program. ( 5 ) All participating providers shall update an existing Affordable Connectivity Program subscriber's information in the National Lifeline Accountability Database within ten business days of receiving any change to that information, except as described in paragraph (d)(7) of this section. ( 6 ) All participating providers shall obtain, from each new and existing subscriber, consent to transmit the subscriber's information. Prior to obtaining consent, the participating provider shall describe to the subscriber, using clear, easily understood language, the specific information being transmitted, that the information is being transmitted to the Administrator to ensure the proper administration of the Affordable Connectivity Program, and that failure to provide consent will result in subscriber being denied the affordable connectivity benefit. ( 7 ) When a participating provider de-enrolls a subscriber from the Affordable Connectivity Program, it shall transmit to the National Lifeline Accountability Database the date of Affordable Connectivity Program de-enrollment within one business day of de-enrollment. ( 8 ) All participating providers shall securely retain subscriber documentation that the participating provider reviewed to verify subscriber eligibility, for the purposes of production during audits or investigations or to the extent required by National Lifeline Accountability Database or National Verifier processes, which require, inter alia, verification of eligibility, identity, address, and age. ( 9 ) A participating provider shall not enroll or claim for reimbursement a prospective subscriber in the Affordable Connectivity Program if the National Lifeline Accountability Database or National Verifier cannot verify the subscriber's status as alive, unless the subscriber produces documentation to demonstrate his or her identity and status as alive. ( 10 ) A participating provider shall apply the Affordable Connectivity Program benefit no later than the start of the first billing cycle after the household's enrollment or transfer, and pass through the discount to the household prior to claiming reimbursement for the discount in the Affordable Connectivity Program. ( e ) Connected device reimbursement and the National Lifeline Accountability Database. In order to receive Affordable Connectivity Program reimbursement for a connected device, participating providers shall comply with § 54.1803(b) and the following requirements: ( 1 ) Such participating provider shall query the National Lifeline Accountability Database to determine whether a prospective connected device benefit recipient has previously received a connected device benefit. ( 2 ) If the National Lifeline Accountability Database indicates that a prospective subscriber has received a connected device benefit, the participating provider shall not seek a connected device reimbursement for that subscriber. ( 3 ) Such participating provider shall not seek a connected device reimbursement for a subscriber that is not receiving the affordable connectivity benefit for service provided by the same participating provider, except that a participating provider may seek reimbursement for a connected device provided to a household if the household had been receiving an Affordable Connectivity Program-supported service from that provider at the time the connected device was supplied to the household, but the household subsequently transferred its benefit to another provider before the provider had an opportunity to claim the connected device. ( 4 ) Where two or more participating providers file a claim for a connected device reimbursement for the same subscriber, only the participating provider whose information was received and processed by the National Lifeline Accountability Database or Lifeline Claims System first, as determined by the Administrator, will be entitled to a connected device reimbursement for that subscriber. ( 5 ) All participating providers shall obtain from each subscriber consent to transmit the information required under paragraphs (d)(1) and (e)(1) of this section. Prior to obtaining consent, the participating provider shall describe to the subscriber, using clear, easily understood language, the specific information being transmitted, that the information is being transmitted to the Administrator to ensure the proper administration of the Affordable Connectivity Program connected device benefit, and that failure to provide consent will result in the subscriber being denied the Affordable Connectivity Program connected device benefit. ( 6 ) In a manner and form consistent with the direction of the Wireline Competition Bureau and the Administrator, a participating provider shall provide to the Administrator information concerning the connected device supplied to the household, including device type, device make, device model, subscriber ID of the household that received the device, date the device was delivered to the household, method used to provide the device (shipped, in store, or installed by provider), market value of the device, and amount paid by the household to the provider for the device. No claim for reimbursement for a connected device supplied by the participating provider to the household shall be submitted prior to payment by the household of the amount described in § 54.1803(b)(1) . ( f ) Annual eligibility re-certification. ( 1 ) Participating providers shall re-certify annually all Affordable Connectivity Program subscribers whose initial eligibility was verified through the participating provider's approved alternative verification process or through a school, except where the Administrator using the National Verifier is responsible for the annual recertification of Affordable Connectivity Program subscribers. The Administrator using the National Verifier will re-certify the eligibility of all other Affordable Connectivity Program subscribers. Affordable Connectivity Program subscribers who are also enrolled in Lifeline may rely on a successful recertification for the Lifeline program to satisfy this requirement. ( 2 ) In order to recertify a subscriber's eligibility for the Affordable Connectivity Program, a participating provider shall confirm a subscriber's current eligibility to receive an affordable connectivity benefit by following the eligibility process and requirements under paragraphs (b)(1) through (5) of this section and shall also follow the requirements and processes for either its alternative verification processes approved under paragraph (a)(2) of this section or the eligibility verification processes and requirements for school-based eligibility verifications in paragraph (a)(3) of this section, confirming that the subscriber still meets the program or income-based eligibility requirements for the Affordable Connectivity Program, and documenting the results of that review. ( 3 ) Where the Administrator is responsible for re-certification of a subscriber's Affordable Connectivity Program eligibility, the Administrator shall confirm a subscriber's current eligibility to receive Affordable Connectivity Program service by: ( i ) Querying the appropriate eligibility databases, confirming that the subscriber still meets the program-based eligibility requirements for the Affordable Connectivity Program, and documenting the results of that review; or ( ii ) Querying the appropriate income databases, confirming that the subscriber continues to meet the income-based eligibility requirements for the Affordable Connectivity Program, and documenting the results of that review; or ( iii ) If the subscriber's program-based or income-based eligibility for the Affordable Connectivity Program cannot be determined by accessing one or more eligibility or income databases, then the Administrator shall obtain a signed certification from the subscriber confirming the subscriber's continued eligibility. If the subscriber's eligibility was previously confirmed through an eligibility or income database during enrollment or a prior recertification and the subscriber is no longer included in any eligibility or income database the Administrator shall obtain both an approved Annual Recertification Form and acceptable documentation demonstrating eligibility from that subscriber to complete the recertification process. ( 4 ) Where the Administrator is responsible for re-certification of subscribers' Affordable Connectivity Program eligibility, the Administrator shall provide to each provider the results of its annual re-certification efforts with respect to that provider's subscribers. ( 5 ) If a provider is unable to re-certify a subscriber or has been notified by the Administrator that it is unable to re-certify a subscriber, the provider shall comply with the de-enrollment requirements provided for in § 54.1809(d) . ( 6 ) One-Per-Household Worksheet—at re-certification, if the subscriber resides at the same address as another Affordable Connectivity Program subscriber and there are changes to the subscriber's household relevant to whether the subscriber is only receiving one affordable connectivity benefit per household, then the subscriber shall complete a new Household Worksheet. Providers must retain the one-per-household worksheet for subscribers subject to this requirement in accordance with § 54.1811 . § 54.1807 Enrollment representative registration and compensation. ( a ) Enrollment representative registration. A participating provider shall require that enrollment representatives register with the Administrator before the enrollment representative can provide information directly or indirectly to the National Lifeline Accountability Database or the National Verifier. ( 1 ) As part of the registration process, participating providers shall require that all enrollment representatives provide the Administrator with identifying information, which may include first and last name, date of birth, the last four digits of his or her social security number, email address, and residential address. Enrollment representatives will be assigned a unique identifier, which shall be used for: ( i ) Accessing the National Lifeline Accountability Database; ( ii ) Accessing the National Verifier; ( iii ) Accessing any eligibility database; and ( iv ) Completing any Affordable Connectivity Program enrollment or verification forms. ( 2 ) Participating providers shall ensure that enrollment representatives shall not use another person's unique identifier to enroll Affordable Connectivity Program subscribers, recertify Affordable Connectivity Program subscribers, or access the National Lifeline Accountability Database or National Verifier. ( 3 ) Participating providers shall ensure that enrollment representatives shall regularly recertify their status with the Administrator to maintain their unique identifier and maintain access to the systems that rely on a valid unique identifier. Participating providers shall also ensure that enrollment representatives shall update their registration information within 30 days of any change in such information. ( b ) Prohibition of commissions for enrollment representatives. A participating provider shall not offer or provide to enrollment representatives, their direct supervisors, or entities that operate on behalf of the participating provider, any form of compensation that is— ( 1 ) Based on the number of consumers or households that apply for or are enrolled in the Affordable Connectivity Program with the participating provider; ( 2 ) Based on revenues that the participating provider has received or expects to receive in connection with the Affordable Connectivity Program, including payments for connected devices; ( 3 ) Based on the participating provider permitting the retention of cash payments received from the subscriber as part of the required contribution for a connected device; ( 4 ) Shifted, characterized or otherwise classified as compensation paid in connection with other services, business operations, or unrelated to Affordable Connectivity Program activities that is based on Affordable Connectivity Program applications, enrollments, or revenues. [ 87 FR 8373 , Feb. 14, 2022, as amended at 87 FR 8383 , Feb. 14, 2022] § 54.1808 Reimbursement for providing monthly affordable connectivity benefit. ( a ) Affordable Connectivity Program support for providing a qualifying broadband internet access service shall be provided directly to a participating provider based on the number of actual qualifying low-income households listed in the National Lifeline Accountability Database that the participating provider serves directly as of the first day of the calendar month. ( b ) For each eligible household receiving the affordable connectivity benefit on a broadband internet access service, the reimbursement amount shall equal the appropriate support amount as described in § 54.1803 . The participating provider's Affordable Connectivity Program reimbursement shall not exceed the actual amount charged by the participating provider. ( c ) A participating provider offering a service subject to the affordable connectivity benefit that does not require the participating provider to assess and collect a monthly fee from its subscribers shall not receive support for a subscriber to such service until the subscriber activates the service by whatever means specified by the provider; and ( 1 ) After service activation, shall only continue to receive reimbursement for the affordable connectivity benefit on such service provided to subscribers who have used the service within the last 30 days, or who have cured their non-usage as provided for in § 54.1809(c) ; and ( 2 ) Shall certify that every subscriber claimed has used their service subject to the affordable connectivity benefit, as “usage” is defined by § 54.407(c)(2) , at least once in the last 30 consecutive days or has cured their non-usage as provided in § 54.1809(c) , in order to claim that subscriber for reimbursement for a given service month. ( d ) A participating provider that, in addition to providing the affordable connectivity benefit to an eligible household, provides such household with a connected device may be reimbursed in the amount and subject to the conditions specified in §§ 54.1803(b) and 54.1806(e) . ( e ) In order to receive Affordable Connectivity Program reimbursement, an officer of the participating provider shall certify, under penalty of perjury, as part of each request for reimbursement, that: ( 1 ) The officer is authorized to submit the request on behalf of the participating provider; ( 2 ) The officer has read the instructions relating to reimbursements and the funds sought in the reimbursement request are for services and/or devices that were provided in accordance with the purposes and objectives set forth in the statute, rules, requirements, and orders governing the Affordable Connectivity Program; ( 3 ) The participating provider is in compliance with and satisfied all requirements in the statute, rules, and orders governing the Affordable Connectivity Program reimbursement, and the provider acknowledges that failure to be in compliance and remain in compliance with Affordable Connectivity Program statutes, rules, and orders may result in the denial of reimbursement, cancellation of funding commitments, and/or recoupment of past disbursements; ( 4 ) The participating provider has obtained valid certification and application forms as required by the rules in this subpart for each of the subscribers for whom it is seeking reimbursement; ( 5 ) The amount for which the participating provider is seeking reimbursement from the Affordable Connectivity Fund is not more than the amount charged to the eligible household and the discount has already been passed through to the household; ( 6 ) Each eligible household for which the participating provider is seeking reimbursement for providing an internet service offering discounted by the affordable connectivity benefit— ( i ) Has not been and will not be charged for the amount the provider is seeking for reimbursement; ( ii ) Will not be required to pay an early termination fee if such eligible household elects to enter into a contract to receive such internet service offering if such household later terminates such contract; ( iii ) Was not, after the date of the enactment of the Consolidated Appropriations Act, 2021, as amended by the Infrastructure Investment and Jobs Act, subject to a mandatory waiting period for such internet service offering based on having previously received broadband internet access service from such participating provider; and ( iv ) Will otherwise be subject to the participating provider's generally applicable terms and conditions as applied to other subscribers. ( 7 ) Each eligible household for which the participating provider is seeking reimbursement for supplying such household with a connected device was charged by the provider and has paid more than $10.00 but less than $50.00 for such connected device; ( 8 ) If offering a connected device, the connected device claimed meets the Commission's requirements, the representations regarding the devices made on the provider's website and promotional materials are true and accurate, that the reimbursement claim amount does not exceed the market value of the connected device less the amount charged to and paid by the eligible household, and that the connected device has been delivered to the household; ( 9 ) If the participating provider used an alternative verification process to verify that each household is eligible for the Affordable Connectivity Program, the verification process used was designed to avoid waste, fraud, and abuse; ( 10 ) If seeking reimbursement for a connected device, the provider has retained the relevant supporting documents that demonstrate the connected devices requested are eligible for reimbursement and submitted the required information; ( 11 ) No Federal subsidy made available through a program administered by the Commission that provides funds to be used for the capital expenditures necessary for the provision of advanced communications services has been or will be used to purchase, rent, lease, or otherwise obtain, any covered communications equipment or service, or maintain any covered communications equipment or service previously purchased, rented, leased, or otherwise obtained, as required by § 54.10 ; ( 12 ) All documentation associated with the reimbursement form, including all records for services and/or connected devices provided, will be retained for a period of at least six years after the last date of delivery of the supported services and/or connected devices provided through the Affordable Connectivity Program, and are subject to audit, inspection, or investigation and will be made available at the request of any representative (including any auditor) appointed by the Commission and its Office of Inspector General, or any local, State, or Federal agency with jurisdiction over the provider; ( 13 ) The provider has not offered, promised, received, or paid kickbacks, as defined by 41 U.S.C. 8701 , in connection with the Affordable Connectivity Program; ( 14 ) The information contained in this form is true, complete, and accurate to the best of the officer's knowledge, information, and belief, and is based on information known to the officer or provided to the officer by employees responsible for the information being submitted; ( 15 ) The officer is aware that any false, fictitious, or fraudulent information, or the omission of any material fact on this request for reimbursement or any other document submitted by the provider, may subject the provider and the officer to punishment by fine or forfeiture under the Communications Act ( 47 U.S.C. 502 , 503(b) , 1606 ), or fine or imprisonment under Title 18 of the United States Code ( 18 U.S.C. 1001 , 286-87 , 1343 ), or can lead to liability under the False Claims Act ( 31 U.S.C. 3729-3733 , 3801-3812 ); ( 16 ) No service costs or devices sought for reimbursement have been waived, paid, or promised to be paid by another entity, including any other Federal or State program; ( 17 ) All enrollments and transfers completed by the provider were bona fide, requested and consented by the subscriber household after receiving the disclosures required under § 54.1810(a) and (b) , and made pursuant to program rules; and ( 18 ) The provider used the National Lifeline Accountability Database as a tool for enrollment, reimbursement calculations, and duplicate checks in all States, territories, and the District of Columbia, and checked their records in accordance with § 54.1806(a)(4) . ( f ) In order to receive Affordable Connectivity Program reimbursement, a participating provider shall keep accurate records of the revenues it forgoes in providing Affordable Connectivity Program-supported services. Such records shall be kept in the form directed by the Administrator and provided to the Administrator at intervals as directed by the Administrator or as provided in this subpart. ( g ) In order to receive reimbursement, participating providers shall submit certified reimbursement claims through the Lifeline Claims System within six months of the snapshot date in paragraph (a) of this section, or the following business day in the event the 1st is a holiday or falls on a weekend. If the participating provider fails to submit a certified reimbursement claim by the six-month deadline, the reimbursement claim will not be processed. [ 87 FR 8373 , Feb. 14, 2022, as amended at 87 FR 8383 , Feb. 14, 2022] § 54.1809 De-enrollment from the Affordable Connectivity Program. ( a ) De-enrollment generally. If a participating provider has a reasonable basis to believe that an Affordable Connectivity Program subscriber does not meet or no longer meets the criteria to be considered an eligible household under § 54.1805 , the participating provider shall notify the subscriber of impending termination of his or her affordable connectivity benefit. Notification of impending termination shall be sent in writing separate from the subscriber's monthly bill, if one is provided, and shall be written in clear, easily understood language. The participating provider shall allow a subscriber 30 days following the date of the impending termination letter to demonstrate continued eligibility. A subscriber making such a demonstration shall present proof of continued eligibility to the National Verifier or the participating provider consistent with the participating provider's approved alternative verification process. A participating provider shall de-enroll any subscriber who fails to demonstrate eligibility within five business days after the expiration of the subscriber's deadline to respond. ( b ) De-enrollment for duplicative support. Notwithstanding paragraph (a) of this section, upon notification by the Administrator to any participating provider that a subscriber is receiving the affordable connectivity benefit from another participating provider, or that more than one member of a subscriber's household is receiving the affordable connectivity benefit and that the subscriber should be de-enrolled from participation in that provider's Affordable Connectivity Program, the participating provider shall de-enroll the subscriber from participation in that provider's Affordable Connectivity Program within five business days. A participating provider shall not claim any de-enrolled subscriber for Affordable Connectivity Program reimbursement following the date of that subscriber's de-enrollment. ( c ) De-enrollment for non-usage. Notwithstanding paragraph (a) of this section, if an Affordable Connectivity Program subscriber fails to use, as “usage” is defined in § 54.407(c)(2) , for 30 consecutive days an Affordable Connectivity Program service that does not require the participating provider to assess and collect a monthly fee from its subscribers, the participating provider shall provide the subscriber 15 days' notice, using clear, easily understood language, that the subscriber's failure to use the Affordable Connectivity Program service within the 15-day notice period will result in service termination for non-usage under this paragraph (c) . ( d ) De-enrollment for failure to re-certify. Notwithstanding paragraph (a) of this section, a participating provider shall de-enroll an Affordable Connectivity Program subscriber who does not respond to the provider's attempts to obtain re-certification of the subscriber's continued eligibility as required by § 54.1806(f) ; or who fails to provide the annual one-per-household re-certification as required by § 54.1806(f)(6) . Prior to de-enrolling a subscriber under this paragraph, the provider shall notify the subscriber in writing separate from the subscriber's monthly bill, if one is provided, using clear, easily understood language, that failure to respond to the re-certification request will trigger de-enrollment. A subscriber shall be given 60 days to respond to recertification efforts. If a subscriber does not respond to the provider's notice of impending de-enrollment, the provider shall de-enroll the subscriber from the Affordable Connectivity Program within five business days after the expiration of the subscriber's time to respond to the re-certification efforts. ( e ) De-enrollment requested by subscriber. If a participating provider receives a request from a subscriber to de-enroll from the Affordable Connectivity Program, it shall de-enroll the subscriber within two business days after the request. [ 87 FR 8373 , Feb. 14, 2022, as amended at 87 FR 8383 , Feb. 14, 2022] § 54.1810 Consumer protection requirements. ( a ) Disclosures and consents for enrollment. Prior to enrolling a consumer in the Affordable Connectivity Program, participating providers shall obtain affirmative consumer consent either orally or in writing that acknowledges that after having reviewed the required disclosures about the Affordable Connectivity Program, the household consents to enroll with the provider. ( 1 ) The disclosures that shall be presented to the consumer shall convey in clear, easily understood terms that: ( i ) The Affordable Connectivity Program is a government program that reduces the customer's broadband internet access service bill; ( ii ) The household may obtain Affordable Connectivity Program-supported broadband service from any participating provider of its choosing; ( iii ) The household may apply the affordable connectivity benefit to any broadband service offering of the participating provider at the same terms available to households that are not eligible for Affordable Connectivity Program-supported service; ( iv ) The provider may disconnect the household's Affordable Connectivity Program-supported service after 90 consecutive days of non-payment; ( v ) The household will be subject to the provider's undiscounted rates and general terms and conditions if the Affordable Connectivity Program ends, if the consumer transfers their benefit to another provider but continues to receive service from the current provider, or upon de-enrollment from the Affordable Connectivity Program; and ( vi ) The household may file a complaint against its provider via the Commission's Consumer Complaint Center. ( 2 ) If standard disclosure and consent language has been provided by the Commission, providers shall present that language to consumers prior to enrollment. ( 3 ) A participating provider shall not link enrollment in the Affordable Connectivity Program to some other action or information supplied to the provider for purposes other than the Affordable Connectivity Program, including but not limited to: ( i ) Not clearly distinguishing the process of signing up for ACP-supported services and devices from the process of signing up for, renewing, upgrading, or modifying other services, including Lifeline-supported services; ( ii ) Suggesting or implying that signing up for ACP-supported services and devices is required for obtaining or continuing other services, including Lifeline-supported services; and ( iii ) Tying the submission of customer information provided for another purpose ( e.g., address verification or equipment upgrade or replacement) to enrollment in the Affordable Connectivity Program. ( b ) Transfers in the Affordable Connectivity Program. Participating providers shall comply with the following requirements for transferring an eligible household's affordable connectivity program benefit between providers. ( 1 ) Disclosures and subscriber consent. ( i ) Prior to transferring an eligible household's affordable connectivity program benefit, the provider transferring in the household shall obtain the household's affirmative consent either orally or in writing that acknowledges that after having reviewed the required disclosures, the household consents to transfer its benefit to the transfer-in provider. ( ii ) The oral or written disclosures shall be provided in clear, easily understood language and convey the following information: ( A ) That the subscriber will be transferring its affordable connectivity program benefit to the transfer-in provider; ( B ) That the effect of the transfer is that the subscriber's affordable connectivity program benefit will be applied to the transfer-in provider's service and will no longer be applied to service retained from the transfer-out provider; ( C ) That the subscriber may be subject to the transfer-out provider's undiscounted rates as a result of the transfer if the subscriber elects to maintain service from the transfer-out provider; and ( D ) That the subscriber is limited to one affordable connectivity program benefit transfer transaction per service month, with limited exceptions for situations where the subscriber seeks to reverse an unwanted transfer or is unable to receive service from a specific provider. ( iii ) The household's oral or written consent shall: ( A ) Clearly identify the subscriber name; ( B ) Acknowledge the subscriber was provided the disclosure language required under paragraph (b)(1)(ii) of this section; ( C ) Indicate that having received the required disclosures, the subscriber gave its informed consent to transfer its benefit to the transfer-in provider; and ( D ) Indicate the date of the subscriber's consent. ( iv ) Participating providers shall use any standard consent and disclosure language provided by the Commission. ( v ) Participating providers shall satisfy the disclosure and consent requirements for each transfer transaction. ( 2 ) Notification to subscribers. Within five business days of completing a subscriber transfer in the National Lifeline Accountability Database, the transfer-in provider shall provide written notice to the transferred subscriber that indicates the following: ( i ) The name of the transfer-in provider to which the subscriber's affordable connectivity program benefit was transferred; ( ii ) The date the transfer was initiated; and ( iii ) An explanation of the dispute process if the subscriber believes the transfer was improper. ( 3 ) Limitation on transfers per month. Participating subscribers can only transfer their affordable connectivity benefit between providers once in a given service month, with the following limited exceptions: ( i ) The subscriber's benefit was improperly transferred; ( ii ) The subscriber's service provider ceases operations or fails to provide service; ( iii ) The subscriber's current service provider is found to be in violation of affordable connectivity program rules, and the violation impacts the subscriber for which the exception is sought; ( iv ) The subscriber changes its location to a residential address outside of the provider's service area for the Affordable Connectivity Program. ( c ) Credit checks. ( 1 ) A participating provider shall not: ( i ) Consider the results of a credit check as a condition of enrollment in the Affordable Connectivity Program. ( ii ) Consider the results of a credit check to determine to which Affordable Connectivity Program-supported internet service plan a household may apply the affordable connectivity benefit. ( iii ) Use the results of a credit check to decline to transfer a household's Affordable Connectivity Program benefit. ( d ) Non-payment. ( 1 ) Bill payment due date means the due date for payment specified on a bill for service charges. ( 2 ) A participating provider shall not terminate an eligible household's service subject to the affordable connectivity benefit on the grounds that the household has failed to pay the charges set forth on a bill for such service unless 90 consecutive days have passed since the bill payment due date. ( e ) Upselling and downselling — ( 1 ) Prohibition of inappropriate upselling and downselling. A participating provider and its agents shall not exert pressure on an eligible household to induce the purchase of a broadband internet access service or bundled plan that is more costly, less costly, affords different features, provides higher or lower speed or bandwidth, is subject to higher or lower data caps, or is bundled with additional services, equipment, or features, or fewer services, equipment, or features, than the service or plan that the household is already purchasing or has inquired about purchasing through the Affordable Connectivity Program. ( 2 ) Specific prohibited activities. Prohibited activities include, but are not limited to: ( i ) Requiring, as a condition of enrolling the household or applying the affordable connectivity benefit, that the household select a service, bundled plan, or equipment, other than the service or bundled plan that the eligible household subscriber is already purchasing or using or has inquired about. ( ii ) Pressuring an eligible household to purchase a service or bundled plan to benefit the provider but not the household. ( 3 ) Permitted activities. Provided that they do not exert pressure on existing or prospective eligible household subscribers, participating providers— ( i ) May communicate information regarding tiers of service that afford higher or lower speeds or bandwidth, are available at higher or lower prices, or have features that differ from a service or plan that an eligible household is already purchasing or has inquired about for the Affordable Connectivity Program; and ( ii ) May create or promote service plans that are specially priced or designed to meet the needs of eligible households. ( f ) Extended service contracts and early termination fees — ( 1 ) Definitions. ( i ) An extended service contract is typically an offer of service at a discount price in exchange for a commitment from the subscriber to remain on that service plan for a set period of time, usually at least a year. ( ii ) Early termination fees are fees that a subscriber is obligated to pay if it purchases a service plan subject to an extended service contract but terminates service before the end of the specified term of the contract. ( 2 ) Extended service contracts. An eligible household may elect to purchase and apply the affordable connectivity benefit to a participating provider's service plan subject to an extended service contract. ( 3 ) Early termination fees. Notwithstanding the provisions that apply to subscribers to extended service contracts who are not eligible households, an eligible household shall not be liable for early termination fees if it purchases and applies its affordable connectivity benefit to a service plan subject to an extended service contract but terminates service before the end of the specified term of the contract. ( g ) Restrictions on switching service offerings. A participating provider shall not impose any restrictions on a household's ability to switch internet service offerings, unless, once the consumer enters a delinquent status after the bill due date, the provider limits available service plans to offerings that are covered by the full benefit amount, and the household consents to switch service plans. ( h ) Restrictions on switching providers. ( 1 ) A participating provider shall not engage in any practice that is reasonably likely to cause a household to believe it is prohibited or restricted from transferring its benefit to a different participating provider. ( 2 ) A participating provider shall not: ( i ) Misrepresent or fail to accurately disclose to a household the rules and requirements pertaining to transfers to another participating provider in the Affordable Connectivity Program; ( ii ) Charge a household a fee to transfer their benefit to another participating provider; or ( iii ) Suggest or imply that the provider may change the household's service plan if it transfers the benefit to another participating provider. ( i ) Unjust and unreasonable acts or practices. ( 1 ) Providers are prohibited from engaging in unjust and unreasonable acts or practices that would undermine the purpose, intent, or integrity of the Affordable Connectivity Program. ( 2 ) Such unjust and unreasonable acts or practices include, but are not limited to: ( i ) Advertising or holding itself out as a participating provider if it is not authorized to participate in the Affordable Connectivity Program; ( ii ) Engaging in false or misleading advertising of the Affordable Connectivity Program; ( iii ) Failing to timely provide service, equipment, or devices that are advertised, promoted, or marketed as part of the Affordable Connectivity Program; ( iv ) Failing to enroll an eligible household as soon as practicable once the provider receives the household's affirmative consent to enroll with that provider; ( v ) Failing to apply the affordable connectivity benefit to such household on or before the start of the household's next billing cycle; ( vi ) Failing to deliver a supported connected device within 30 days of obtaining the household's affirmative consent to receive such device; and ( vii ) Violating any Program rule. [ 87 FR 8373 , Feb. 14, 2022, as amended at 87 FR 8383 , Feb. 14, 2022] § 54.1811 Recordkeeping requirements. Participating providers shall maintain records to document compliance with all Commission requirements governing the Affordable Connectivity Program for the six full preceding calendar years and provide that documentation to the Commission or Administrator, or their designee, upon request. Participating providers shall maintain the documentation related to the eligibility determination and reimbursement claims for an Affordable Connectivity Program subscriber for as long as the subscriber receives the Affordable Connectivity Program discount from that participating provider, but for no less than the six full preceding calendar years. § 54.1812 Validity of electronic signatures. ( a ) For the purposes of this subpart, an electronic signature, defined by the Electronic Signatures in Global and National Commerce Act, as an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record, has the same legal effect as a written signature. ( b ) For the purposes of this subpart, an electronic record, defined by the Electronic Signatures in Global and National Commerce Act as a contract or other record created, generated, sent, communicated, received, or stored by electronic means, constitutes a record. § 54.1813 Affordable Connectivity Program Transparency Data Collection. ( a ) Definitions. For purposes of the Affordable Connectivity Program Transparency Data Collection: Actual Speed. The term “actual speed” means the typical upload and download speeds period for a particular speed tier, either based on Measuring Broadband America (MBA) methodology, or other relevant testing data. Advertised Speed. The term “advertised speed” means the maximum advertised upload and download speeds for fixed broadband plans, and the minimum advertised upload and download speeds for mobile broadband plans. Base monthly price. The term “base monthly price” means the monthly price for a broadband internet service offering that would be paid by a household enrolled in the Affordable Connectivity Program, absent the affordable connectivity benefit. The base monthly price does not include the price of any recurring monthly fees (such as fees providers impose at their discretion, or equipment rental fees), government taxes or fees, or one-time charges (such as installation charges, equipment purchase fee, etc.). Bundle. The term “bundle” means a combination of broadband internet access service with any non-broadband internet access service offerings, including but not limited to video, voice, and text. Data Cap. The term “data cap” means data usage restrictions on both pre-paid and post-paid plans, including “soft caps” where a user's internet traffic is throttled or deprioritized, and “hard caps” where a user's access to the internet is discontinued. Latency. The term “latency” means the length of time for a signal to be sent between two defined end points and the time it takes for an acknowledgement of the receipt of the signal to be received. Legacy plan. The term “legacy plan” means an internet service offering in which an ACP subscriber is enrolled that a participating provider is not accepting new enrollment. Personally identifiable information. The term “personally identifiable information” means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual. Plan. The term “plan” means “internet service offering” as defined in § 54.1800(n) . Unique identifier. The term “unique identifier” means a machine-readable string of characters uniquely identifying a broadband plan, not containing any special characters. Where a broadband plan is associated with a broadband label under 47 CFR 8.1(a) , the unique identifier must be the same as that in the broadband label. Unique identifiers cannot be reused or refer to multiple plans. A provider must develop a new plan identifier, when a plan's components change. ( b ) Information to be collected. ( 1 ) For each plan that a household enrolled in the Affordable Connectivity Program is subscribed to, all participating providers shall submit, in an electronic format as directed by the Commission at the ZIP code level, by the deadline described in paragraph (c) of this section, ( i ) The unique identifier with the following plan characteristics: ( A ) Base monthly price, ( B ) Whether the base monthly price is introductory, and if so, the term of the introductory price and the post-introductory price, ( C ) Itemized provider-imposed recurring monthly fees, ( D ) Itemized one-time fees, ( E ) Speed (actual and advertised speeds), ( F ) Latency, ( G ) Data caps (including de-prioritization and throttling), any charges for additional data usages along with the relevant increment ( e.g., 1 GB, 500 MB), ( H ) Whether the service is bundled, the high-level components of the bundle, and voice minutes or number of text messages included as part of the bundle if applicable, ( I ) Whether any associated equipment is required, whether any required associated equipment is included in the advertised cost, and the one-time fee or rental cost for required associated equipment; ( ii ) The number of ACP households subscribed; ( iii ) The number of ACP households that have reached a data cap during month prior to the snapshot date; ( iv ) The average amount by which ACP households have exceeded the data cap for the month prior to the snapshot date; ( v ) The average overage amount paid by ACP households exceeding a data cap for the month prior to the snapshot date; ( vi ) The number of ACP households receiving the ACP Tribal enhanced benefit; ( vii ) The number of ACP households receiving the ACP high-cost enhanced benefit; ( viii ) The number of ACP households who are also enrolled in Lifeline for that plan; ( 2 ) Legacy plans. For each legacy plan that a household enrolled in the Affordable Connectivity Program is subscribed to, all participating providers are required to submit all of the characteristics identified in paragraph (b)(1) of this section except: speed (actual and advertised), latency, introductory monthly charge, the length of the introductory period, and any one-time fees. ( c ) Timing of collection. No later than November 9, 2023, and annually thereafter, participating providers must submit to the Commission the information in paragraph (b) of this section for all plans in which an Affordable Connectivity Program household is subscribed. The information must be current as of an annual snapshot date established and announced by the Bureau. ( d ) Certifications. As part of the data collection required by paragraph (b) of the section, an officer of the participating provider shall certify, under penalty of perjury, that: ( 1 ) The officer is authorized to submit the data collection on behalf of the participating provider; and ( 2 ) The data and information provided in the data collection is true, complete, and accurate to the best of the officer's knowledge, information, and belief, and is based on information known to the officer or provided to the officer by employees responsible for the information being submitted. ( e ) Publication of data — ( 1 ) Obligation to publish data. The Commission will make aggregated, non-provider-specific data relating to broadband internet access service information collected in paragraph (b) of this section available to the public in a commonly used electronic format without risking the disclosure of personally identifiable information, as defined in paragraph (a)(8) of this section, or proprietary information. ( 2 ) Requests for withholding from public inspection. When submitting information to the Commission under paragraph (c) of this section, a participating provider may submit a request that information be withheld from public inspection under § 0.459 of this chapter . ( f ) Enforcement. A violation of the collection requirement occurs where a provider fails to submit ACP Transparency Data Collection information by the compliance date for a state in which the provider has ACP-enrolled subscribers. A base forfeiture amount for each state is the lesser of $22,000 or the latest monthly claim amount, for each state for which a provider has failed to submit complete information. [ 88 FR 2267 , Jan. 13, 2023, as amended at 88 FR 2267 , Jan. 13, 2023; 88 FR 57364 , Aug. 23, 2023] § 54.1814 High-cost area benefit. ( a ) Definitions — ( 1 ) Audited income statement. For purposes of the administration of the Affordable Connectivity Program high-cost area benefit, an “audited income statement” is an income statement that has been audited by an independent Certified Public Accountant (CPA). ( 2 ) Component-level income statement. For purposes of the administration of the Affordable Connectivity Program high-cost area benefit, a “component-level income statement” is an income statement that shows financial results for the subsidiary or business component that is operating and/or offering retail broadband internet access service for sale in the designated high-cost areas as defined by 47 U.S.C. 1702(a)(2)(G) . ( 3 ) Consolidated income statement. For purposes of the administration of the Affordable Connectivity Program high-cost area benefit, a “consolidated income statement” is an income statement that shows aggregated financial results for multiple entities or subsidiaries connected with a single parent company. ( 4 ) High-cost area. For purposes of the administration of the Affordable Connectivity Program high-cost area benefit, the term “high-cost area” means an area as defined by 47 U.S.C. 1702(a)(2)(G) as determined by the National Telecommunications and Information Administration. ( 5 ) Particularized economic hardship. A provider has a “particularized economic hardship” in a high-cost area only if: ( i ) It is not possible for that provider to offer service in the high-cost area while covering the costs of maintaining the operation of all or part of its broadband network in that area at the standard up to $30 a month discount; and ( ii ) The up to $75 a month high-cost area benefit would materially improve the provider's ability to offer service through the ACP and maintain and operate its broadband network in that area. ( b ) High-cost area benefit approval process. A facilities-based ACP participating provider in a high-cost area (as defined in paragraph (a) of this section) may provide an affordable connectivity benefit in an amount up to $75.00 for a broadband internet access service offering in a high-cost area upon a showing that the applicability of the standard up to $30.00 benefit under § 54.1803(a) by the provider would cause particularized economic hardship to the provider such that the provider may not be able to maintain the operation of part or all of its broadband network in that high-cost area. ( 1 ) A participating provider seeking approval to provide the high-cost area benefit must first electronically file a request with the Universal Service Administrative Company by the deadline established by the Wireline Competition Bureau. ( i ) The electronic request shall require the participating provider to specify whether it has previously applied for Federal financial assistance, as defined in 2 CFR 25.406 , in the three fiscal years prior to the provider's application. Upon request, the participating provider must submit to the Administrator or the Commission applications for loans submitted to the U.S. Department of Agriculture Rural Utility Service (RUS), approvals or denials of such loans, the provider's RUS Operating Report for Telecommunications Borrowers filed with the RUS, and any financial reports filed with a state Public Utility Commission, as applicable. ( ii ) [Reserved] ( 2 ) The participating provider's request shall include the documentation required to demonstrate particularized economic hardship. The request shall include an income statement, a supporting affidavit, any applicable Federal tax filings and/or returns, and any other relevant documentation as determined by the Bureau and OEA. ( i ) The income statement(s) must: ( A ) Be produced in the ordinary course of business; ( B ) Include both consolidated and component-level income statements; ( C ) Be audited by an independent public accountant, where such statements are produced in the ordinary course of business or are required by 17 U.S.C. 78m , 78o(d) ; and ( D ) Include detailed information on the provider's net income, operating revenue, and operating expenses, including, but not necessarily limited to, cost of goods sold or services, selling, general and administrative expenses and depreciation or amortization expenses. ( ii ) The supporting affidavit, must include revenue and cost allocations and a description of the methodology, demonstrating that the provider was operating at a loss related to providing broadband internet access service in the relevant high-cost area(s) for the last fiscal year or in at least four of the last six fiscal quarters, or other acceptable documentation determined by the Wireline Competition Bureau in consultation with the Office of Economics and Analytics. ( iii ) The participating provider must first attempt to directly assign or attribute costs to broadband internet access services, and if that is not possible, must use a cost-causative mechanism to the extent possible. If neither is possible, the participating provider must employ a reasonable cost-allocation with a justification for its methodology. ( iv ) The tax filing should include Form 1120, Form 1120-S or other applicable Federal Income Tax returns as required by 26 CFR part 1 . ( 3 ) The participating provider's application must also include certifications from a company officer with knowledge of the provider's cost and revenues under penalty of perjury that: ( i ) All information submitted is true and correct to the best of the filer's knowledge; ( ii ) The provider will comply with all applicable statutes and the Commission's rules and orders; and ( iii ) The provider will use any reimbursed funds received for its intended purpose of providing discounted broadband internet access services to eligible low-income households. ( iv ) The provider is a facilities-based provider as defined by 47 CFR 1.7001(a)(2)(i) through (v) . ( v ) The provider used cost allocation methodology consistent with the rules. ( c ) Review process. The Administrator, under oversight of the Wireline Competition Bureau and the Office of Economics and Analytics, shall review each participating provider's request to offer the high-cost area benefit and determine whether the provider has demonstrated a particularized economic hardship in the high-cost areas for which it is requesting to offer the high-cost area benefit. If the Administrator finds the particularized economic hardship showing is satisfied in accordance with the Commission's rules and orders, and any guidance from the Wireline Competition Bureau and the Office of Economics and Analytics, then the Administrator will approve the request and notify the participating provider. Otherwise, the Administrator will deny the request and provide the participating provider a written explanation of the basis for the denial. ( 1 ) The Administrator will review applications within a timeline to be determined by the Bureau. ( 2 ) Providers may appeal the Administrator's determination as set forth in subpart I in this part of the Commission's rules. ( 3 ) Providers may only submit claims for up to the $30.00 standard benefit amount while an appeal of an Administrator's determination is underway. Following a successful appeal, providers approved to offer the high-cost area benefit may submit revised claims for eligible households in the approved high-cost areas as set forth in § 54.1808 . The provider many submit revised claims for up to $75.00 only from the start of the approval period indicated in the appeal determination letter. ( d ) Annual renewal process. A participating provider that has been approved to provide the high-cost area benefit must request approval annually thereafter to continue to provide the enhanced benefit to eligible households in a subsequent year. The participating provider will need to demonstrate particularized economic hardship in the renewal submission, through the documentation specified by the Wireline Competition Bureau. The deadline for submitting the renewal request shall be determined by the Wireline Competition Bureau. ( e ) Notice to eligible households. ( 1 ) Participating providers approved to offer the high-cost area benefit shall provide Affordable Connectivity Program subscribers written notice when the provider begins applying the high-cost area benefit to the subscriber's bill. The written notice must state: ( i ) That the subscriber is receiving a high-cost area benefit and the difference between the standard benefit amount and the enhanced high-cost benefit being applied to the subscriber's supported service; ( ii ) That the receipt of the high-cost area benefit is contingent on the provider's annual continued eligibility to offer the enhanced high-cost area benefit; ( iii ) That the provider is required to provide the subscriber advance notice if the provider is no longer deemed eligible to offer the high-cost area benefit; and ( iv ) That the provider is required to provide the subscriber advance notice of any changes to the subscriber's supported service rate or service plan stemming from any loss of the provider's eligibility to offer the high-cost area benefit. ( 2 ) If a participating provider fails to timely submit the renewal submission by the deadline or no longer qualifies to offer the high-cost area benefit based on its annual resubmission, then the participating provider shall provide written notice to its Affordable Connectivity Program customers receiving the high-cost area benefit at least 30 days and at least 15 days before the expiration of its approval to offer the high-cost area benefit. Such subscriber notices shall include: ( i ) A statement that the provider will no longer be offering the high-cost area benefit in the relevant high-cost area; ( ii ) The effective date of the end of the high-cost area benefit; ( iii ) A statement that upon the effective date of the loss of the high-cost area benefit, the Affordable Connectivity Program supported service purchased by the household will no longer be discounted at the higher subsidy amount; and ( iv ) The amount the household will be expected to pay if it continues purchasing the service from the provider after the high-cost area benefit is no longer available. ( 3 ) If a participating provider is no longer authorized to offer the high-cost area benefit, the provider may transition an eligible household to a lower-priced ACP service plan once the high-cost area benefit is no longer available, upon advance notice to the household and an opportunity for the household to opt out of the change and remain on its current service plan or select another service plan. Participating providers must include the advance transition notice in the required written notice about the end of the provider's approval to offer the high-cost area benefit. The advanced notice must: ( i ) Provide details about the new plan and monthly price; ( ii ) State that the subscriber may remain on its current plan or choose another plan; ( iii ) Provide instructions on how the subscriber can opt out of the transition or change its service plan; ( iv ) Provide the deadline for the subscriber to notify the provider that the subscriber would like to remain on its current plan or choose another plan. [ 88 FR 60355 , Sept. 1, 2023, as amended at 88 FR 67654 , Oct. 2, 2023] Subpart S—Affordable Connectivity Outreach Grant Program Source: 87 FR 54328 , Sept. 6, 2022 unless otherwise noted. § 54.1900 Applicability of Uniform Administrative Requirements for grants and cooperative agreements to non-Federal entities. Federal awards to non-Federal entities are subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR part 200 , as adopted at 2 CFR 6000.1 . § 54.1901 Neutrality requirement. Outreach conducted by Grantees, Pass-through Entities, and Subrecipients, as defined in 2 CFR part 200 , through the Commission's Affordable Connectivity Outreach Grant Program shall be neutral with respect to a particular participating provider (as defined in § 54.1800(r)(1) through (4) ) or among a specific group of participating providers (including, but not limited to, broadband industry groups, such as trade associations). § 54.1902 Prohibited activities and costs. In addition to any prohibited activities or costs, or other restrictions on grantee activities and costs under 2 CFR part 200 , as adopted at 2 CFR 6000.1 , or any other Federal statutes and regulations governing Federal grants, the following prohibitions apply to Grantees, Pass-through Entities, and Subrecipients for the Affordable Connectivity Outreach Grant Program. ( a ) Prohibition against steering consumers to particular ACP participating providers. Grantees, Pass-through Entities, and Subrecipients (as defined in 2 CFR 200.1 ) shall not direct, steer, incentivize, or otherwise encourage consumers to enroll with a particular participating provider (as defined in § 54.1800(r)(1) through (4) ) or among a specific group of participating providers (including, but not limited to, broadband industry groups, such as trade associations) when conducting grant-funded outreach activities. Grantees, Pass-through Entities, and Subrecipients shall also make clear that eligible households may enroll with the participating provider of their choice. ( b ) Prohibition against use of ACP participating provider-branded items. Grantees, Pass-through Entities, and Subrecipients shall not use participating-provider (as defined in § 54.1800(r)(1) through (4) ) branded items such as outreach materials, gifts, or incentives when conducting grant-funded outreach activities. ( c ) Prohibition against ACP participating provider gifts, incentives, and funding. Grantees, Pass-through Entities, and Subrecipients shall not: ( 1 ) Offer or provide consumers gifts or incentives provided by or funded by a participating provider (as defined in § 54.1800(r)(1) through (4) ) or a specific group of participating providers (including, but not limited to, broadband industry groups, such as trade associations) to encourage consumers to learn about, apply for, or enroll in the Affordable Connectivity Program (ACP) when conducting grant-funded outreach activities; or ( 2 ) Otherwise accept funding in any form, including in-kind contributions, from a participating provider or a specific group of participating providers for the purpose of conducting grant-funded outreach activities. ( d ) Prohibition against using grant funds for gifts and incentives. Grantees, Pass-through Entities, and Subrecipients may not use grant funds to obtain or support gifts or incentives to offer or provide to consumers to encourage consumers to learn about, apply for, or enroll in the Affordable Connectivity Program or otherwise engage with the Grantee, Pass-through Entity, or Subrecipient concerning the Affordable Connectivity Program when conducting grant-funded outreach activities. ( e ) Prohibition of certain compensation for individuals engaged in outreach. Grantees, Pass-through Entities, and Subrecipients shall not offer or provide any form of compensation that is based on the number of consumers or households that learn about, apply for, or enroll in the Affordable Connectivity Program to individuals conducting grant-funded outreach activities, including but not limited to their personnel, their representatives, their contractors, or others acting on behalf of the entity to conduct grant-funded outreach. § 54.1903 Ineligible entities. ( a ) In addition to any participant restrictions in 2 CFR part 200 , as adopted at 2 CFR 6000.1 , the following entities may not receive awards, either as Grantees, Pass-through Entities, or Subrecipients under the Outreach Grant Program: ( 1 ) Broadband providers (including municipal broadband providers), their affiliates, subsidiaries, contractors, agents, or representatives; and ( 2 ) Broadband industry groups and trade associations that represent broadband providers. ( b ) For municipal broadband providers, the exclusion of broadband providers and their affiliates, subsidiaries, or representatives from eligibility does not extend to separate arms of the municipality that do not maintain, manage, or operate the municipal broadband network. § 54.1904 Recordkeeping and audits. Participants in the Affordable Connectivity Outreach Grant Program must maintain records to document compliance with the rules and requirements for the Outreach Grant Program in accordance with 2 CFR 200.334 , 200.335 , 200.336 , and 200.338 , as adopted at 2 CFR 6000.1 , and shall provide that documentation to the Office of the Managing Director or any other FCC Bureau or Office, or their assigns, upon request in accordance with 2 CFR 200.337 , as adopted at 2 CFR 6000.1 . Subpart T—XXX Cross Reference Link to an amendment published at 89 FR 61310 , July 30, 2024. §§ 54.2004-54.2006 xxx Cross Reference Link to an amendment published at 89 FR 61315 , July 30, 2024. § 54.2008 xxx Cross Reference Link to an amendment published at 89 FR 61321 , July 30, 2024.
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PART 7—ACCESS TO VOICEMAIL AND INTERACTIVE MENU SERVICES AND EQUIPMENT BY PEOPLE WITH DISABILITIES Authority: 47 U.S.C. 151-154 , 208 , 255 , and 303(r) . Source: 64 FR 63255 , Nov. 19, 1999, unless otherwise noted. Subpart A—Scope—Who Must Comply With These Rules? § 7.1 Who must comply with these rules? The rules in this part apply to: ( a ) Any provider of voicemail or interactive menu service; ( b ) Any manufacturer of telecommunications equipment or customer premises equipment which performs a voicemail or interactive menu function. Subpart B—Definitions § 7.3 Definitions. ( a ) The term accessible shall mean that: ( 1 ) Input, control, and mechanical functions shall be locatable, identifiable, and operable in accordance with each of the following, assessed independently: ( i ) Operable without vision. Provide at least one mode that does not require user vision. ( ii ) Operable with low vision and limited or no hearing. Provide at least one mode that permits operation by users with visual acuity between 20/70 and 20/200, without relying on audio output. ( iii ) Operable with little or no color perception. Provide at least one mode that does not require user color perception. ( iv ) Operable without hearing. Provide at least one mode that does not require user auditory perception. ( v ) Operable with limited manual dexterity. Provide at least one mode that does not require user fine motor control or simultaneous actions. ( vi ) Operable with limited reach and strength. Provide at least one mode that is operable with user limited reach and strength. ( vii ) Operable with a Prosthetic Device. Controls shall be operable without requiring body contact or close body proximity. ( viii ) Operable without time-dependent controls. Provide at least one mode that does not require a response time or allows a response to be by-passed or adjusted by the user over a wide range. ( ix ) Operable without speech. Provide at least one mode that does not require user speech. ( x ) Operable with limited cognitive skills. Provide at least one mode that minimizes the cognitive, memory, language, and learning skills required of the user. ( 2 ) All information necessary to operate and use the product, including but not limited to, text, static or dynamic images, icons, labels, sounds, or incidental operating cues, comply with each of the following, assessed independently: ( i ) Availability of visual information. Provide visual information through at least one mode in auditory form. ( ii ) Availability of visual information for low vision users. Provide visual information through at least one mode to users with visual acuity between 20/70 and 20/200 without relying on audio. ( iii ) Access to moving text. Provide moving text in at least one static presentation mode at the option of the user. ( iv ) Availability of auditory information. Provide auditory information through at least one mode in visual form and, where appropriate, in tactile form. ( v ) Availability of auditory information for people who are hard of hearing. Provide audio or acoustic information, including any auditory feedback tones that are important for the use of the product, through at least one mode in enhanced auditory fashion ( i.e., increased amplification, increased signal-to-noise ratio, or combination). ( vi ) Prevention of visually-induced seizures. Visual displays and indicators shall minimize visual flicker that might induce seizures in people with photosensitive epilepsy. ( vii ) Availability of audio cutoff. Where a product delivers audio output through an external speaker, provide an industry standard connector for headphones or personal listening devices (e.g., phone-like handset or earcup) which cuts off the speaker(s) when used. ( viii ) Non-interference with hearing technologies. Reduce interference to hearing technologies (including hearing aids, cochlear implants, and assistive listening devices) to the lowest possible level that allows a user to utilize the product. ( ix ) Hearing aid coupling. Where a product delivers output by an audio transducer which is normally held up to the ear, provide a means for effective wireless coupling to hearing aids. ( 3 ) Real-Time Text. Voice communication services subject to this part that are provided over wireless IP facilities and handsets and other text-capable end user devices used with such service that do not themselves provide TTY functionality, may provide TTY connectability and signal compatibility pursuant to paragraphs (b)(3) and (4) of this section, or support real-time text communications, in accordance with 47 CFR part 67 . ( b ) The term compatibility shall mean compatible with peripheral devices and specialized customer premises equipment commonly used by individuals with disabilities to achieve accessibility to voicemail and interactive menus, and in compliance with the following provisions, as applicable: ( 1 ) External electronic access to all information and control mechanisms. Information needed for the operation of products (including output, alerts, icons, on-line help, and documentation) shall be available in a standard electronic text format on a cross-industry standard port and all input to and control of a product shall allow for real time operation by electronic text input into a cross-industry standard external port and in cross-industry standard format. The cross-industry standard port shall not require manipulation of a connector by the user. ( 2 ) Connection point for external audio processing devices. Products providing auditory output shall provide the auditory signal at a standard signal level through an industry standard connector. ( 3 ) TTY connectability. Products which provide a function allowing voice communication and which do not themselves provide a TTY functionality shall provide a standard non-acoustic connection point for TTYs. It shall also be possible for the user to easily turn any microphone on and off to allow the user to intermix speech with TTY use. ( 4 ) TTY signal compatibility. Products, including those providing voice communication functionality, shall support use of all cross-manufacturer non-proprietary standard signals used by TTYs. ( 5 ) TTY Support Exemption. Voice communication services subject to this part that are offered over wireless IP facilities and equipment used with such services are not required to provide TTY connectability and TTY signal compatibility if such services and equipment support real-time text, in accordance with 47 CFR part 67 . ( c ) The term customer premises equipment shall mean equipment employed on the premises of a person (other than a carrier) to originate, route, or terminate telecommunications. ( d ) The term disability shall mean a physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such an impairment; or being regarded as having such an impairment. ( e ) The term interactive menu shall mean a feature that allows a service provider or operator of CPE to transmit information to a caller in visual and/or audible format for the purpose of management, control, or operations of a telecommunications system or service; and/or to request information from the caller in visual and/or audible format for the purpose of management, control, or operations of a telecommunications system or service; and/or to receive information from the caller in visual and/or audible format in response to a request, for the purpose of management, control, or operations of a telecommunications system or service. This feature, however, does not include the capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications for any purpose other than management, control, or operations of a telecommunications system or service. ( f ) The term manufacturer shall mean an entity that makes or produces a product. ( g ) The term peripheral devices shall mean devices employed in connection with equipment covered by this part to translate, enhance, or otherwise transform telecommunications into a form accessible to individuals with disabilities. ( h ) The term readily achievable shall mean, in general, easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include: ( 1 ) The nature and cost of the action needed; ( 2 ) The overall financial resources of the manufacturer or service provider involved in the action (the covered entity); the number of persons employed by such manufacturer or service provider; the effect on expenses and resources, or the impact otherwise of such action upon the operations of the manufacturer or service provider; ( 3 ) If applicable, the overall financial resources of the parent of the covered entity; the overall size of the business of the parent of the covered entity with respect to the number of its employees; the number, type, and location of its facilities; and ( 4 ) If applicable, the type of operation or operations of the covered entity, including the composition, structure and functions of the workforce of such entity; and the geographic separateness, administrative or fiscal relationship of covered entity in question to the parent entity. ( i ) The term specialized customer premises equipment shall mean customer premise equipment which is commonly used by individuals with disabilities to achieve access. ( j ) The term telecommunications equipment shall mean equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades). ( k ) The term telecommunications service shall mean the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. ( l ) The term usable shall mean that individuals with disabilities have access to the full functionality and documentation for the product, including instructions, product information (including accessible feature information), documentation, bills and technical support which is provided to individuals without disabilities. ( m ) The term Voicemail shall mean the capability of answering calls and recording incoming messages when a line is busy or does not answer within a pre-specified amount of time or number of rings; receiving those messages at a later time; and may also include the ability to determine the sender and time of transmission without hearing the entire message; the ability to forward the message to another voice massaging customer, with and/or without an appended new message; the ability for the sender to confirm receipt of a message; the ability to send, receive, and/or store facsimile messages; and possibly other features. ( n ) The term real-time text shall have the meaning set forth in § 67.1 of this chapter . ( o ) The term text-capable end user device means customer premises equipment that is able to send, receive, and display text. [ 64 FR 63255 , Nov. 19, 1999, as amended at 82 FR 7706 , Jan. 23, 2017] Subpart C—Obligations—What Must Covered Entities Do? § 7.5 General Obligations. ( a ) Obligation of Manufacturers. ( 1 ) A manufacturer of telecommunications equipment or customer premises equipment covered by this part shall ensure that the equipment is designed, developed and fabricated so that the voicemail and interactive menu functions are accessible to and usable by individuals with disabilities, if readily achievable; ( 2 ) Whenever the requirements of paragraph (a)(1) of this section are not readily achievable, the manufacturer shall ensure that the equipment is compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, if readily achievable. ( b ) Obligation of Service Providers. ( 1 ) A provider of voicemail or interactive menu shall ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable. ( 2 ) Whenever the requirements of paragraph (b)(1) of this section are not readily achievable, the service provider shall ensure that the service is compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, if readily achievable. [ 64 FR 63255 , Nov. 19, 1999, as amended at 88 FR 55584 , Aug. 16, 2023] § 7.7 Product design, development, and evaluation. ( a ) Manufacturers and service providers shall evaluate the accessibility, usability, and compatibility of equipment and services covered by this part and shall incorporate such evaluation throughout product design, development, and fabrication, as early and consistently as possible. Manufacturers and service providers shall identify barriers to accessibility and usability as part of such a product design and development process. ( b ) In developing such a process, manufacturers and service providers shall consider the following factors, as the manufacturer deems appropriate: ( 1 ) Where market research is undertaken, including individuals with disabilities in target populations of such research; ( 2 ) Where product design, testing, pilot demonstrations, and product trials are conducted, including individuals with disabilities in such activities; ( 3 ) Working cooperatively with appropriate disability-related organizations; and ( 4 ) Making reasonable efforts to validate any unproven access solutions through testing with individuals with disabilities or with appropriate disability-related organizations that have established expertise with individuals with disabilities. § 7.9 Information pass through. Telecommunications equipment and customer premises equipment shall pass through cross-manufacturer, non-proprietary, industry-standard codes, translation protocols, formats or other information necessary to provide telecommunications in an accessible format, if readily achievable. In particular, signal compression technologies shall not remove information needed for access or shall restore it upon decompression. § 7.11 Information, documentation, and training. ( a ) Manufacturers and service providers shall ensure access to information and documentation it provides to its customers, if readily achievable. Such information and documentation includes user guides, bills, installation guides for end-user installable devices, and product support communications, regarding both the product in general and the accessibility features of the product. Manufacturers shall take such other readily achievable steps as necessary including: ( 1 ) Providing a description of the accessibility and compatibility features of the product upon request, including, as needed, in alternate formats or alternate modes at no additional charge; ( 2 ) Providing end-user product documentation in alternate formats or alternate modes upon request at no additional charge; and ( 3 ) Ensuring usable customer support and technical support in the call centers and service centers which support their products at no additional charge. ( b ) Manufacturers and service providers shall include in general product information the contact method for obtaining the information required by paragraph (a) of this section. ( c ) In developing, or incorporating existing training programs, manufacturers and service providers shall consider the following topics: ( 1 ) Accessibility requirements of individuals with disabilities; ( 2 ) Means of communicating with individuals with disabilities; ( 3 ) Commonly used adaptive technology used with the manufacturer's products; ( 4 ) Designing for accessibility; and ( 5 ) Solutions for accessibility and compatibility. Subpart D—Enforcement § 7.15 Generally. ( a ) For purposes of §§ 7.15 through 7.16 , the term “manufacturers” shall denote any manufacturer of telecommunications equipment or customer premises equipment which performs a voicemail or interactive menu function. ( b ) All manufacturers of telecommunications equipment or customer premises equipment and all providers of voicemail and interactive menu services, as defined under this subpart, are subject to the enforcement provisions specified in the Act and the rules in this chapter. ( c ) The term “provider” shall denote any provider of voicemail or interactive menu service. [ 83 FR 44842 , Sept. 4, 2018] § 7.16 Informal or formal complaints. Any person may file either a formal or informal complaint against a manufacturer or provider alleging violations of section 255 or this part subject to the enforcement requirements set forth in §§ 14.30 through 14.38 of this chapter . [ 83 FR 44842 , Sept. 4, 2018]
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PART 0—COMMISSION ORGANIZATION Authority: 47 U.S.C. 151 , 154(i) , 154(j) , 155 , 225 , 409 , and 1754 , unless otherwise noted. Subpart A—Organization Authority: 47 U.S.C. 151 , 154(i) , 154(j) , 155 , 225 , and 409 , unless otherwise noted. General § 0.1 The Commission. The Federal Communications Commission is composed of five (5) members who are appointed by the president subject to confirmation by the Senate. Normally, one Commissioner is appointed or reappointed each year, for a term of five (5) years. [ 53 FR 29054 , Aug. 2, 1988] § 0.3 The Chairperson. ( a ) One of the members of the Commission is designated by the President to serve as Chairperson, or chief executive officer, of the Commission. As Chairperson, he/she has the following duties and responsibilities: ( 1 ) To preside at all meetings and sessions of the Commission. ( 2 ) To represent the Commission in all matters relating to legislation and legislative reports; however, any other Commissioner may present his own or minority views or supplemental reports. ( 3 ) To represent the Commission in all matters requiring conferences or communications with other governmental officers, departments or agencies. ( 4 ) To coordinate and organize the work of the Commission in such a manner as to promote prompt and efficient disposition of all matters within the jurisdiction of the Commission. ( b ) The Commission will, in the case of a vacancy in the Office of the Chairperson of the Commission, or in the absence or inability of the Chairperson to serve, temporarily designate one of its members to act as Chairperson until the cause or circumstance requiring such designation has been eliminated or corrected. [ 32 FR 10569 , July 19, 1967, as amended at 88 FR 21426 , Apr. 10, 2023] § 0.5 General description of Commission organization and operations. ( a ) Principal staff units. The Commission is assisted in the performance of its responsibilities by its staff, which is divided into the following principal units: ( 1 ) Office of Managing Director. ( 2 ) Office of Engineering and Technology. ( 3 ) Office of General Counsel. ( 4 ) Office of Economics and Analytics. ( 5 ) Office of Media Relations. ( 6 ) Office of Legislative Affairs. ( 7 ) Office of Inspector General. ( 8 ) Office of Communications Business Opportunities. ( 9 ) Office of Administrative Law Judges. ( 10 ) Office of Workplace Diversity ( 11 ) Office of International Affairs. ( 12 ) Wireline Competition Bureau. ( 13 ) Wireless Telecommunications Bureau. ( 14 ) Space Bureau. ( 15 ) Media Bureau. ( 16 ) Enforcement Bureau. ( 17 ) Consumer and Governmental Affairs Bureau. ( 18 ) Public Safety and Homeland Security Bureau. ( b ) Staff responsibilities and functions. The organization and functions of these major staff units are described in detail in §§ 0.11 through 0.151 . The defense and emergency preparedness functions of the Commission are set forth separately, beginning at § 0.181 . For a complete description of staff functions, reference should be made to those provisions. (See also the U.S. Government Organization Manual, which contains a chart showing the Commission's organization, the names of the members and principal staff officers of the Commission, and other information concerning the Commission.) ( c ) Delegations of authority to the staff. Pursuant to section 5(c) of the Communications Act, the Commission has delegated authority to its staff to act on matters which are minor or routine or settled in nature and those in which immediate action may be necessary. See subpart B of this part . Actions taken under delegated authority are subject to review by the Commission, on its own motion or on an application for review filed by a person aggrieved by the action. Except for the possibility of review, actions taken under delegated authority have the same force and effect as actions taken by the Commission. The delegation of authority to a staff officer, however, does not mean that the staff officer will exercise that authority in all matters subject to the delegation. The staff is at liberty to refer any matter at any stage to the Commission for action, upon concluding that it involves matters warranting the Commission's consideration, and the Commission may instruct the staff to do so. ( d ) Commission action. Matters requiring Commission action, or warranting its consideration, are dealt with by the Commission at regular monthly meetings, or at special meetings called to consider a particular matter. Meetings are normally held at the principal offices of the Commission in the District of Columbia, but may be held elsewhere in the United States. In appropriate circumstances, Commission action may be taken between meetings “by circulation”, which involves the submission of a document to each of the Commissioners for his approval. ( e ) Compliance with Federal financial management requirements. Any Bureau or Office recommending Commission action that may affect agency compliance with Federal financial management requirements must confer with the Office of Managing Director. Such items will indicate the position of the Managing Director when forwarded to the Commission. Any Bureau or Office taking action under delegated authority that may affect agency compliance with Federal financial management requirements must confer with the Office of the Managing Director before taking action. (Secs. 4(i), 303(r) and 5(c)(i), Communications Act of 1934, as amended; 47 CFR 0.61 and 0.283 ) [ 32 FR 10569 , July 19, 1967] Editorial Note Editorial Note: For Federal Register citations affecting § 0.5 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . Office of Managing Director § 0.11 Functions of the Office. ( a ) The Managing Director is appointed by the Chairperson with the approval of the Commission. Under the supervision and direction of the Chairperson, the Managing Director shall serve as the Commission's chief operating and executive official with the following duties and responsibilities: ( 1 ) Provide managerial leadership to and exercise supervision and direction over the Commission's Bureaus and Offices with respect to management and administrative matters but not substantive regulatory matters such as regulatory policy and rule making, authorization of service, administration of sanctions, and adjudication. ( 2 ) Formulate and administer all management and administrative policies, programs, and directives for the Commission consistent with authority delegated by the Commission and the Chairperson and recommend to the Chairperson and the Commission major changes in such policies and programs. ( 3 ) Assist the Chairperson in carrying out the administrative and executive responsibilities delegated to the Chairperson as the administrative head of the agency. ( 4 ) Advise the Chairperson and Commission on management, administrative, and related matters; review and evaluate the programs and procedures of the Commission; initiate action or make recommendations as may be necessary to administer the Communications Act most effectively in the public interest. Assess the management, administrative, and resource implications of any proposed action or decision to be taken by the Commission or by a Bureau or Office under delegated authority; recommend to the Chairperson and Commission program priorities, resource and position allocations, management, and administrative policies. ( 5 ) Plan and administer the Commissions performance review system. Assure that objections, priorities, and action plans established by Bureau and Offices are consistent with overall Commission objectives and priorities. ( 6 ) Plan and administer the Commission's Program Evaluation System. Ensure that evaluation results are utilized in Commission decision-making and priority-setting activities. ( 7 ) Direct agency efforts to improve management effectiveness, operational efficiency, employee productivity, and service to the public. Administer Commission-wide management programs. ( 8 ) Plan and manage the administrative affairs of the Commission with respect to the functions of personnel and position management; labor-management relations; training; budget and financial management; accounting for the financial transactions of the Commission and preparation of financial statements and reports; information management and processing; organization planning; management analysis; procurement; office space management and utilization; administrative and office services; supply and property management; records management; personnel and physical security; and international telecommunications settlements. ( 9 ) [Reserved] ( 10 ) With the concurrence of the General Counsel, interpret rules and regulations pertaining to fees. ( 11 ) Advise the Chairperson, Commission, and Commission Bureaus and Offices on matters concerning the development, administration, and management of the Affordable Connectivity Outreach Grant Program. ( b ) The Secretary is the official custodian of the Commission's documents. The Office of the Secretary also serves as the official FCC records custodian for designated records, including intake processing, organization and file maintenance, reference services, and retirement and retrieval of records; manages the Electronic Comment Filing System and certifies records for adjudicatory and court proceedings; maintains manual and computerized files that provide for the public inspection of public record materials concerning Broadcast Ownership, AM/FM/TV, TV translators, FM Translators, Cable TV, Wireless, Auction, Common Carrier Tariff matters, International space station files, earth station files, DBS files, and other miscellaneous international files; maintains for public inspection Time Brokerage and Affiliation Agreements, court citation files, and legislative histories concerning telecommunications dockets and provides the public and Commission staff prompt access to manual and computerized records and filing systems. ( c ) The Chief Information Officer shall have a significant role in: The decision-making process for annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports related to information technology; the management, governance, and oversight processes related to information technology; and the hiring of personnel with information technology responsibilities. The Chief Information Officer, in consultation with the Chief Financial Officer and budget officials, shall specify and approve the allocation of amounts appropriated to the Commission for information technology, consistent with the provisions of appropriations Acts, budget guidelines, and recommendations from the Director of the Office of Management and Budget. (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154 , 303 , 307 ) [ 46 FR 59975 , Dec. 8, 1981, as amended at 47 FR 41380 , Sept. 20, 1982; 49 FR 45583 , Nov. 19, 1984; 50 FR 27953 , July 9, 1985; 53 FR 29054 , Aug. 2, 1988; 53 FR 47536 , Nov. 23, 1988; 54 FR 152 , Jan. 4, 1989; 59 FR 26971 , May 25, 1994; 60 FR 5323 , Jan. 27, 1995; 62 FR 15853 , Apr. 3, 1997; 62 FR 51052 , Sept. 30, 1997; 67 FR 13217 , Mar. 21, 2002; 69 FR 30233 , May 27, 2004; 70 FR 21651 , Apr. 27, 2005; 71 FR 69034 , Nov. 29, 2006; 84 FR 6085 , Feb. 26, 2019; 87 FR 54328 , Sept. 6, 2022; 88 FR 21427 , Apr. 10, 2023] Office of Inspector General § 0.13 Functions of the Office. The Office of Inspector General is directly responsible to the Chairperson as head of the agency. However, the Chairperson may not prevent or prohibit the Office of Inspector General from carrying out its duties and responsibilities as mandated by the Inspector General Act Amendments of 1988 (Pub. L. 100-504) and the Inspector General Act of 1978 (5 U.S.C. Appendix 3), as amended. ( a ) Provide policy direction for and to conduct, supervise and coordinate audits and investigations relating to the programs and operations of the Federal Communications Commission. ( b ) Review existing and proposed legislation and regulations relating to programs and operations of the Commission and to make recommendations in its required semiannual reports to Congress concerning the impact of such legislation or regulations on the economy and efficiency in the administration of these programs and operations, or the prevention and detection of fraud and abuse in such programs and operations. ( c ) Recommend policies and conduct or coordinate other activities to promote economy and efficiency in the administration of Commission programs, or detect and prevent fraud and abuse in Commission activities. Coordinate with other governmental agencies and non-governmental entities on these matters. ( d ) Keep the Chairperson of the Commission—and through him or her the other Commissioners—and the Congress fully and currently informed concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of Commission programs and operations; recommend corrective action and report on the progress made in implementing such corrective action. In addition to providing the Chairperson with the results of completed audits and inspections, the Inspector General shall prepare statutorily required reports, identified as such, to include: ( 1 ) Semiannual reports summarizing activities of the office during the preceding six-month period (due to the Chairperson by April 30 and October 31); ( 2 ) Special reports specifically identifying any serious or flagrant problems, abuses or deficiencies (due to the Chairperson immediately upon discovery of these matters by the Inspector General). [ 54 FR 15194 , Apr. 17, 1989, as amended at 88 FR 21427 , Apr. 10, 2023] Office of Media Relations § 0.15 Functions of the Office. ( a ) Enhance public understanding of and compliance with the Commission's regulatory requirements through dissemination of information to the news media. ( b ) Act as the principal channel for communicating information to the news media on Commission policies, programs, and activities. ( c ) Advise the Commission on information dissemination as it affects liaison with the media. ( d ) Manage the FCC's Internet site and oversee the agency's Web standards and guidelines. ( e ) Maintain liaison with the Consumer and Governmental Affairs Bureau on press and media issues concerning consumer assistance and information including informal consumer complaints. ( f ) Manage the FCC's audio/visual support services and maintain liaison with outside parties regarding the broadcast of Commission proceedings. [ 64 FR 60716 , Nov. 8, 1999, as amended at 67 FR 13217 , Mar. 21, 2002; 67 FR 46112 , July 12, 2002] Office of Legislative Affairs § 0.17 Functions of the Office. The Office of Legislative Affairs is directly responsible to the Commission. The Office has the following duties and responsibilities: ( a ) Advise and make recommendations to the Commission with respect to legislation proposed by members of Congress or the Executive Branch and coordinate the preparation of Commission views thereon for submission to Congress or the Executive Branch. ( b ) Coordinate with the Office of General Counsel responses to Congressional or Executive Branch inquiries as to the local ramifications of Commission policies, regulations, rules, and statutory interpretations. ( c ) Assist the Office of the Managing Director in preparation of the annual report to Congress, the Commission budget and appropriations legislation to Congress; assist the Office of Media Relations in preparation of the Commission's Annual Report. ( d ) Assist the Chairperson and Commissioners in preparation for, and the coordination of their appearances before the Committees of Congress. ( e ) Coordinate the annual Commission legislative program. ( f ) Coordinate Commission and staff responses to inquiries by individual members of Congress, congressional committees and staffs. ( g ) Coordinate with the Consumer and Governmental Affairs Bureau on issues involving informal consumer complaints and other general inquiries by consumers. [ 52 FR 42438 , Nov. 5, 1987, as amended at 64 FR 60716 , Nov. 8, 1999; 67 FR 13217 , Mar. 21, 2002; 88 FR 21427 , Apr. 10, 2023] § 0.19 Functions of the Office. The Office of International Affairs has the following duties and responsibilities: ( a ) To initiate and direct the development and articulation of international telecommunications policies, consistent with the priorities of the Commission. ( b ) To advise the Chairperson and Commissioners on matters of international telecommunications policy, and on the adequacy of the Commission's actions to promote the vital interests of the American public in international commerce, national defense, and foreign policy. ( c ) To represent the Commission on international communications matters, including matters involving international, regional, and cross border spectrum allocation and frequency coordination at both domestic and international conferences and meetings, and to direct and coordinate the Commission's preparation for such conferences and meetings. ( d ) To direct and coordinate, in consultation with other Bureaus and Offices as appropriate, negotiation of international agreements to provide for arrangements and procedures for coordination of radio frequency assignments to prevent or resolve international radio interference involving U.S. licensees. ( e ) To ensure fulfillment of the Commission's responsibilities under international agreements and treaty obligations, and consistent with Commission policy, in coordination with other Bureaus and Offices as appropriate, to ensure that the Commission's regulations, procedures, and frequency allocations comply with the mandatory requirements of all applicable international and bilateral agreements. ( f ) To serve as the single focal point within the Commission for cooperation and consultation on international telecommunications matters with other Federal agencies, international or foreign organizations, and appropriate regulatory bodies and officials of foreign governments. ( g ) To develop, recommend, and administer policies, rules, standards, and procedures regarding the authorization and regulation of international telecommunications facilities and services, submarine cables, international broadcast services, and foreign ownership issues. ( h ) To develop, recommend, and administer policies, rules, standards, and procedures regarding coordination with Executive Branch agencies on national security, law enforcement, foreign policy, trade policy, or concerns. ( i ) To monitor compliance with the terms and conditions of authorizations and licenses and pursue enforcement actions in conjunction with appropriate bureaus and offices. ( j ) To develop, coordinate with other Federal agencies, and administer the regulatory assistance and training programs for foreign administrations to promote telecommunications development. ( k ) To provide advice and technical assistance to U.S. trade officials in the negotiation and implementation of communications trade agreements, and consult with other bureaus and offices as appropriate with respect thereto. ( l ) To conduct economic, legal, technical, statistical, and other appropriate studies, surveys, and analyses in support of international telecommunications policies and programs. ( m ) To collect and disseminate within the Commission information and data on international communications policies, regulatory and market developments in other countries, and international organizations. ( n ) To work with the Office of Legislative Affairs to coordinate the Commission's activities on significant matters of international policy with appropriate Congressional offices. ( o ) To advise the Chairperson on priorities for international travel and develop, coordinate, and administer the international travel plan. ( p ) Managing efforts across the Bureaus and Offices to participate in international standards activities and serving as the FCC's senior representative at in-person standards meetings around the world in conjunction with staff from other Bureaus and Offices as needed. ( q ) To issue orders revoking a common carrier's operating authority pursuant to section 214 of the Act, and issue orders to cease and desist such operations, in cases where the presiding officer has issued a certification order to the Commission that the carrier has waived its opportunity for hearing under that section. ( r ) To exercise the authority to issue non-hearing related subpoenas for the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, schedules of charges, contracts, agreements, and any other records deemed relevant to the investigation of matters within the jurisdiction of the Office of International Affairs. Before issuing a subpoena, the Office of International Affairs shall obtain the approval of the Office of General Counsel. ( s ) To assist the Consumer and Governmental Affairs Bureau on issues involving informal consumer complaints and other general inquiries by consumers. ( t ) To coordinate with the Public Safety and Homeland Security Bureau on all matters affecting public safety, homeland security, national security, emergency management, disaster management, and related issues. [ 88 FR 21427 , Apr. 10, 2023] Office of Economics and Analytics § 0.21 Functions of the Office. The Office of Economics and Analytics advises and makes recommendations to the Commission in the areas of economic and data analysis and data management policy. The Office reviews all Commission actions involving significant economic or data analysis and provides expertise, guidance, and assistance to the Bureaus and other Offices in applying the principles of economic and data analysis. The Office coordinates the Commission's research and development activities relating to economic and data analysis and data management policy. In addition, the Office serves, in close coordination with other relevant Bureaus and Offices, as a principal resource for policy and administrative staff of the Commission with regard to the design, implementation, and administration of auctions. The Office also establishes and implements Commission data management policies in conjunction with the relevant Bureaus and Offices and with the Office of Managing Director and Office of General Counsel. The Office of Economics and Analytics has the following duties and responsibilities: ( a ) Identifies and evaluates significant communications policy issues, based on the principles and methods of economics and data analysis. ( b ) Collaborates with and advises other Bureaus and Offices in the areas of economic and data analysis and with respect to the analysis of benefits, costs, and regulatory impacts of Commission policies, rules, and proposals. ( c ) Prepares a rigorous, economically-grounded cost-benefit analysis for every rulemaking deemed to have an annual effect on the economy of $100 million or more. ( d ) Confirms that the Office of Economics and Analytics has reviewed each Commission rulemaking to ensure it is complete before release to the public. ( e ) Reviews and comments on all significant issues of economic and data analysis raised in connection with actions proposed to be taken by the Commission and advises the Commission regarding such issues. ( f ) Develops, recommends, and implements data management policies in conjunction with the Office of Managing Director, the Office of General Counsel, and relevant Bureaus and Offices, and collaborates with and advises other Bureaus and Offices with respect to data management and data analysis. ( g ) Manages the Commission's economic and data analysis research programs, recommends budget levels and priorities for these programs, and serves as central account manager for all contractual economic and data analysis research studies funded by the Commission. ( h ) Conducts economic, statistical, cost-benefit, and other data analysis of the impact of existing and proposed communications policies and operations, including cooperative studies with other staff units and consultant and contract efforts as appropriate. ( i ) Coordinates the Commission's evaluation of government (state and federal), academic, and industry-sponsored research affecting Commission policy. ( j ) Coordinates with other Bureaus and Offices in making recommendations to the Commission on communications policy issues that involve economic and data analysis, to include cost-benefit analysis; represents the Commission at appropriate discussions and conferences. ( k ) Develops and recommends procedures and plans for effective economic and data analysis, to include cost-benefit analysis, within the Commission. ( l ) Seeks to ensure that FCC policy encourages and promotes competitive markets by providing Bureaus and Offices with the necessary support to identify, evaluate, and resolve competition issues. ( m ) Serves as the Commission's principal policy and administrative staff resource with regard to auction design and implementation issues. Jointly with the Wireless Telecommunications Bureau, Media Bureau, Wireline Competition Bureau, and/or other relevant Bureaus and Offices, develops, recommends, and administers policies, programs and rules, and advises the Commission on policy, engineering, and technical matters, concerning auctions of spectrum for wireless telecommunications and broadcast services and uses of competitive bidding to achieve other Commission policy objectives, including universal service support. Administers procurement of auction-related services from outside contractors. Oversees auctions conducted on behalf of the Commission by third parties at the direction of the Commission. Provides policy, administrative, and technical assistance to other Bureaus and Offices on auction issues. Advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, in all matters pertaining to auction implementation. These activities include: Conducting auctions, policy development and coordination; conducting rulemaking and adjudicatory proceedings, including complaint proceedings for matters not within the responsibility of the Enforcement Bureau; acting on waivers of rules; compliance and enforcement activities for matters not within the responsibility of the Enforcement Bureau; determining resource impacts of existing, planned or recommended Commission activities concerning auctions, and developing and recommending resource deployment priorities. Exercises such authority as may be assigned, delegated, or referred to it by the Commission. ( n ) With respect to applicable data and reporting duties assigned to the Office, coordinates with the Public Safety and Homeland Security Bureau and other relevant Bureaus and Offices on all matters affecting public safety, homeland security, national security, emergency management, disaster management, and related issues. ( o ) With respect to applicable data and reporting duties assigned to the Office, and in coordination with the Wireline Competition Bureau and the Wireless Telecommunications Bureau, provides federal staff support for the Federal-State Joint Board on Universal Service and the Federal-State Joint Board on Jurisdictional Separations. ( p ) In coordination with other relevant Bureaus and Offices, provides economic, financial, and technical analyses of communications markets and provider performance. ( q ) In coordination with the Wireline Competition Bureau, provides technical support for de novo review of decisions of the Administrative Council for Terminal Attachments regarding technical criteria pursuant to § 68.614 of this chapter . ( r ) Prepares briefings, position papers, and proposed Commission actions, as appropriate. ( s ) In coordination with other relevant Bureaus and Offices, develops and recommends responses to legislative, regulatory or judicial inquiries and proposals concerning or affecting matters within the purview of its functions. ( t ) Administers part 1, subparts V and W, of this chapter, including rulemaking. [ 83 FR 63075 , Dec. 7, 2018, as amended at 85 FR 34526 , June 5, 2020] Office of Engineering and Technology § 0.31 Functions of the Office. The Office of Engineering and Technology has the following duties and responsibilities: ( a ) To evaluate evolving technology for interference potential and to suggest ways to facilitate its introduction in response to Bureau initiatives, and advise the Commission and staff offices in such matters. ( b ) Represent the Commission at various national conferences and meetings (and, in consultation with the Office of International Affairs, at various international conferences and meetings) devoted to the progress of communications and the development of technical and other information and standards, and serve as Commission coordinator for the various national conferences when appropriate. ( c ) To conduct scientific and technical studies in advanced phases of terrestrial and space communications, and special projects to obtain theoretical and experimental data on new or improved techniques. ( d ) To advise the Commission concerning engineering matters, including (in consultation with the Public Safety and Homeland Security Bureau where appropriate) privacy and security of communications, involved in making or implementing policy or in resolving specific cases. ( e ) To develop and implement procedures to acquire, store, and retrieve scientific and technical information useful in the engineering work of the Commission. ( f ) To advise and represent the Commission on frequency allocation and spectrum usage matters. ( g ) In cooperation with the relevant Bureaus and Offices, including the Office of General Counsel and the Office of Economics and Analytics, to advise the Commission, participate in and coordinate staff work with respect to general frequency allocation proceedings and other proceedings not within the jurisdiction of any single Bureau, and render service and advice with respect to rule making matters and proceedings affecting more than one Bureau. ( h ) To collaborate with and advise other Bureaus and Offices in the formulation of technical requirements of the Rules. ( i ) To administer parts 2 , 5 , 15 , and 18 of this chapter , including licensing, recordkeeping, and rule making. ( j ) To perform all engineering and management functions of the Commission with respect to formulating rules and regulations, technical standards, and general policies for parts 15, 18 and § 63.100 of this chapter , and for type approval and acceptance, and certification of radio equipment for compliance with the Rules. ( k ) To maintain liaison with other agencies of government, technical experts representing foreign governments, and members of the public and industry concerned with communications and frequency allocation and usage. ( l ) To calibrate and standardize technical equipment and installations used by the Commission. ( m ) To exercise authority as may be assigned or referred by the Commission pursuant to section 5(c) of the Communications Act of 1934, as amended. ( n ) To assist the Consumer and Governmental Affairs Bureau on issues involving informal consumer complaints and other general inquiries by consumers. (Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, 48 Stat., as amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1088, 1089; 47 U.S.C. 152 , 153 , 154 , 155 , 301 , 303 , 307 , 308 , 309 , 315 , 317 ) [ 45 FR 28718 , Apr. 30, 1980, as amended at 46 FR 45342 , Sept. 11, 1981; 51 FR 12615 , Apr. 14, 1986; 60 FR 5323 , Jan. 27, 1995; 62 FR 4170 , Jan. 29, 1997; 63 FR 37499 , July 13, 1998; 64 FR 60716 , Nov. 8, 1999; 67 FR 13217 , Mar. 21, 2002; 68 FR 11747 , Mar. 12, 2003; 69 FR 70337 , Dec. 3, 2004; 71 FR 69034 , Nov. 29, 2006; 73 FR 9463 , Feb. 21, 2008; 83 FR 63075 , Dec. 7, 2018; 88 FR 21428 , Apr. 10, 2023] Office of General Counsel § 0.41 Functions of the Office. The Office of the General Counsel has the following duties and responsibilities: ( a ) To advise and represent the Commission in matters of litigation. ( b ) To advise and make recommendations to the Commission with respect to proposed legislation and submit agency views on legislation when appropriate. ( c ) To interpret the statutes, international agreements, and international regulations affecting the Commission. ( d ) To prepare and make recommendations and interpretations concerning procedural rules of general applicability and to review all rules for consistency with other rules, uniformity, and legal sufficiency. ( e ) To conduct research in legal matters as directed by the Commission. ( f ) In cooperation with the Office of Engineering and Technology, to participate in, render advice to the Commission, and coordinate the staff work with respect to general frequency allocation proceedings and other proceedings not within the jurisdiction of any single bureau, and to render advice with respect to rule making matters and proceedings affecting more than one bureau. ( g ) To exercise such authority as may be assigned or referred to it by the Commission pursuant to section 5(c) of the Communications Act of 1934, as amended. ( h ) To cooperate with the Space Bureau on all matters pertaining to space policy and satellite communications. ( i ) To interpret statutes and executive orders affecting the Commission's national defense responsibilities, and to perform such functions involving implementation of such statutes and executive orders as may be assigned to it by the Commission or the Defense Commissioner. ( j ) To perform all legal functions with respect to leases, contracts, tort claims and such other internal legal problems as may arise. ( k ) To issue determinations on matters regarding the interception and recording of telephone conversations by Commission personnel. Nothing in this paragraph, however, shall affect the authority of the Inspector General to intercept or record telephone conversations as necessary in the conduct of investigations or audits. ( l ) To advise the Commission in the preparation and revision of rules and the implementation and administration of ethics regulations and the Freedom of Information, Privacy, Government in the Sunshine and Alternative Dispute Resolution Acts. ( m ) To assist and make recommendations to the Commission, and to individual Commissioners assigned to review initial decisions, as to the disposition of cases of adjudication and such other cases as, by Commission policy, are handled in the same manner and which have been designated for hearing. ( n ) To serve as the principal operating office on ex parte matters involving restricted proceedings. To review and dispose of all ex parte communications received from the public and others. (Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, 48 Stat., as amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1088, 1089; 47 U.S.C. 152 , 153 , 154 , 155 , 301 , 303 , 307 , 308 , 309 , 315 , 317 ) [ 28 FR 12392 , Nov. 22, 1963; 37 FR 19372 , Sept. 20, 1972, as amended at 40 FR 17253 , Apr. 18, 1975; 43 FR 29006 , July 5, 1978; 44 FR 39179 , July 5, 1979; 46 FR 57050 , Nov. 20, 1981; 49 FR 47604 , Dec. 6, 1984; 50 FR 2985 , Jan. 23, 1985; 50 FR 49048 , Nov. 29, 1985; 51 FR 12615 , Apr. 14, 1986; 60 FR 5323 , Jan. 27, 1995; 60 FR 34901 , July 5, 1995; 62 FR 4170 , Jan. 29, 1997; 62 FR 15853 , Apr. 3, 1997; 64 FR 5950 , Feb. 8, 1999; 64 FR 57585 , Oct. 26, 1999; 88 FR 21428 , Apr. 10, 2023] International Bureau § 0.51 Functions of the Bureau. The Space Bureau has the following duties and responsibilities: ( a ) To develop, recommend, and administer policies, rules, standards, and procedures for the authorization and regulation of domestic and international satellite systems. ( b ) To monitor compliance with the terms and conditions of authorizations and licenses granted by the Bureau, and to pursue enforcement actions in conjunction with appropriate bureaus and offices. ( c ) To facilitate the international coordination of U.S. spectrum allocations for space-based services and frequency and orbital assignments so as to minimize cases of international radio interference involving U.S. licensees. ( d ) To coordinate, in consultation with other Bureaus and Offices as appropriate, negotiation of arrangements and procedures for coordination of radio frequency assignments for space-based services to prevent or resolve international radio interference involving U.S. space station and/or earth station licensees. ( e ) To ensure fulfillment of the Commission's responsibilities under international agreements and treaty obligations in coordination with the Office of International Affairs, and, consistent with Commission policy, to ensure that the Commission's regulations, procedures, and frequency allocations comply with the mandatory requirements of all applicable international and bilateral agreements involving space-based services. ( f ) In coordination with the Office of International Affairs, to oversee and, as appropriate, administer activities pertaining to the international consultation, coordination, and notification of U.S. frequency and orbital assignments, including activities required by bilateral agreements, the international Radio Regulations, and other international agreements. ( g ) To serve as a focal point for coordination with other U.S. government agencies on matters of space policy, licensing and governance and, to support the Office of International Affairs with other Federal agencies, international or foreign organizations, and appropriate regulatory bodies and officials of foreign governments for meetings that involve space policy matters. ( h ) To exercise authority to issue non-hearing related subpoenas for the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, schedules of charges, contracts, agreements, and any other records deemed relevant to the investigation of matters within the jurisdiction of the Space Bureau. Before issuing a subpoena, the Space Bureau shall obtain the approval of the Office of General Counsel. ( i ) To assist the Consumer and Governmental Affairs Bureau on issues involving informal consumer complaints and other general inquiries by consumers. ( j ) To coordinate with the Public Safety and Homeland Security Bureau on all matters affecting public safety, homeland security, national security, emergency management, disaster management, and related issues. [ 88 FR 21428 , Apr. 10, 2023] Media Bureau § 0.61 Functions of the Bureau. The Media Bureau develops, recommends and administers the policy and licensing programs for the regulation of media, including cable television, broadcast television and radio, and satellite services in the United States and its territories. The Bureau advises and recommends to the Commission, or acts for the Commission under delegated authority, in matters pertaining to multichannel video programming distribution, broadcast radio and television, direct broadcast satellite service policy, and associated matters. The Bureau will, among other things: ( a ) Process applications for authorization, assignment, transfer and renewal of media services, including AM, FM, TV, the cable TV relay service, and related services. ( b ) Conduct rulemaking proceedings concerning the legal, engineering, and economic aspects of media service. ( c ) Conduct comprehensive studies and analyses concerning the legal, engineering, and economic aspects of electronic media services. ( d ) [Reserved] ( e ) Administer and enforce rules and policies regarding political programming and related matters. ( f ) Administer and enforce rules and policies regarding: ( 1 ) Radio and television broadcast industry services; ( 2 ) Cable television systems, operators, and services, including those relating to rates, technical standards, customer service, ownership, competition to cable systems, broadcast station signal retransmission and carriage, program access, wiring equipment, channel leasing, and federal-state/local regulatory relationships. This includes: acting, after Commission assumption of jurisdiction to regulate cable television rates for basic service and associated equipment, on cable operator requests for approval of existing or increased rates; reviewing appeals of local franchising authorities' rate making decisions involving rates for the basic service tier and associated equipment, except when such appeals raise novel or unusual issues; evaluating basic rate regulation certification requests filed by cable system franchising authorities; periodically reviewing and, when appropriate, revising standard forms used in administering: the certification process for local franchising authorities wishing to regulate rates, and the substantive rate regulation standards prescribed by the Commission; ( 3 ) Open video systems; ( 4 ) Preemption of restrictions on devices designed for over-the-air reception of television broadcast signals, multichannel multipoint distribution service, and direct broadcast satellite services; ( 5 ) The commercial availability of navigational devices; ( 6 ) The accessibility of video programming to persons with disabilities; ( 7 ) Program access and carriage; ( 8 ) The Satellite Home Viewer Improvement Act; and ( 9 ) Post-licensing for satellite consumer broadcast services (DBS, DTH and DARS). Note to paragraph ( f ): The Media Bureau's enforcement authority does not include enforcement in those areas assigned to the Enforcement Bureau. See 47 CFR 0.111 . ( g ) Conduct rulemaking and policy proceedings regarding pole attachments. ( h ) Process and act on all applications for authorization, petitions for special relief, petitions to deny, waiver requests, requests for certification, objections, complaints, and requests for declaratory rulings and stays regarding the areas listed. ( i ) Assist the Consumer and Governmental Affairs Bureau on issues involving informal consumer complaints and other general inquiries by consumers. ( j ) Exercise authority to issue non-hearing related subpoenas for the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, schedules of charges, contracts, agreements, and any other records deemed relevant to the investigation of matters within the jurisdiction of the Media Bureau. Before issuing a subpoena, the Media Bureau shall obtain the approval of the Office of General Counsel. ( k ) Carry out the functions of the Commission under the Communications Act of 1934, as amended, except as reserved to the Commission under § 0.283 . ( l ) To coordinate with the Public Safety and Homeland Security Bureau on all matters affecting public safety, homeland security, national security, emergency management, disaster management, and related issues. [ 67 FR 13217 , Mar. 21, 2002, as amended at 71 FR 69034 , Nov. 29, 2006; 84 FR 9465 , Mar. 15, 2019] Office of Workplace Diversity § 0.81 Functions of the Office. ( a ) The Office of Workplace Diversity (OWD), as a staff office to the Commission, shall develop, coordinate, evaluate, and recommend to the Commission policies, programs, and practices that foster a diverse workforce and promote and ensure equal opportunity for all employees and applicants for employment. A principal function of the Office is to lead, advise, and assist the Commission, including all of its component Bureau/Office managers, supervisors, and staff, at all levels, on ways to promote inclusion and full participation of all employees in pursuit of the Commission's mission. In accordance with this function, the Office shall: ( 1 ) Conduct independent analyses of the Commission's policies and practices to ensure that those policies and practices foster diversity in the workplace and ensure equal opportunity and equal treatment for employees and applicants; and ( 2 ) Advise the Commission, Bureaus, and Offices of their responsibilities under Title VII of the Civil Rights Act of 1964, as amended; Section 501 of the Rehabilitation Act of 1973, as amended; Age Discrimination in Employment Act of 1967, as amended; Executive Order 11478; and all other statutes, Executive Orders, and regulatory provisions relating to workplace diversity, equal employment opportunity, nondiscrimination, and civil rights. ( b ) The Office has the following duties and responsibilities: ( 1 ) Through its Director, serves as the principal advisor to the Chairperson and Commission officials on all aspects of workplace diversity, affirmative recruitment, equal employment opportunity, non-discrimination, and civil rights; ( 2 ) Provides leadership and guidance to create a work environment that values and encourages diversity in the workplace; ( 3 ) Is responsible for developing, implementing, and evaluating programs and policies to foster a workplace whose diversity reflects the diverse makeup of the Nation, enhances the mission of the Commission, and demonstrates the value and effectiveness of a diverse workforce; ( 4 ) Is responsible for developing, implementing, and evaluating programs and policies that promote understanding among members of the Commission's workforce of their differences and the value of those differences and provide a channel for communication among diverse members of the workforce at all levels; ( 5 ) Develops, implements, and evaluates programs and policies to ensure that all members of the Commission's workforce and candidates for employment have equal access to opportunities for employment, career growth, training, and development and are protected from discrimination and harassment; ( 6 ) Develops and recommends Commission-wide workforce diversity goals and reports on achievements; ( 7 ) Is responsible for developing, implementing, and evaluating programs and policies to enable all Bureaus and Offices to manage a diverse workforce effectively and in compliance with all equal employment opportunity and civil rights requirements; ( 8 ) Works closely with the Associate Managing Director—Human Resources Management to ensure compliance with Federal and Commission recruitment and staffing requirements; ( 9 ) Manages the Commission's equal employment opportunity compliance program. Responsibilities in this area include processing complaints alleging discrimination, recommending to the Chairperson final decisions on EEO complaints within the Commission, and providing counseling services to employees and applicants on EEO matters; ( 10 ) Develops and administers the Commission's program of accessibility and accommodation for disabled persons in accordance with applicable regulations; ( 11 ) Represents the Commission at meeting with other public and private groups and organizations on matters counseling workplace diversity and equal employment opportunity and workplace diversity issues; ( 12 ) Maintains liaison with and solicits views of organizations within and outside the Commission on matters relating to equal opportunity and workplace diversity. [ 61 FR 2727 , Jan. 29, 1996, as amended at 88 FR 21429 , Apr. 10, 2023] Wireline Competition Bureau § 0.91 Functions of the Bureau. The Wireline Competition Bureau advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, in all matters pertaining to the regulation and licensing of communications common carriers and ancillary operations (other than matters pertaining exclusively to the regulation and licensing of wireless telecommunications services and facilities). The Bureau will, among other things: ( a ) Develop and recommend policy goals, objectives, programs and plans for the Commission in rulemaking and adjudicatory matters concerning wireline telecommunications, drawing on relevant economic, technological, legislative, regulatory and judicial information and developments. Overall objectives include meeting the present and future wireline telecommunications needs of the Nation; fostering economic growth; ensuring choice, opportunity, and fairness in the development of wireline telecommunications; promoting economically efficient investment in wireline telecommunications infrastructure; promoting the development and widespread availability of wireline telecommunications services; and developing deregulatory initiatives where appropriate. ( b ) Act on requests for interpretation or waiver of rules. ( c ) Administer the provisions of the Communications Act requiring that the charges, practices, classifications, and regulations of communications common carriers providing interstate and foreign services are just and reasonable. ( d ) Act on applications for service and facility authorizations, including applications from Bell operating companies for authority to provide in-region interLATA services and applications from wireline carriers for transfers of licenses and discontinuance of service. ( e ) Develop and administer rules and policies relating to incumbent local exchange carrier accounting. ( f ) Develop and administer recordkeeping and reporting requirements for telecommunications carriers, providers of interconnected VoIP service (as that term is defined in § 9.3 of this chapter ), and providers of broadband services. ( g ) Provide federal staff support for the Federal-State Joint Board on Universal Service and the Federal-State Joint Board on Jurisdictional Separations. ( h ) Review the deployment of advanced telecommunications capability to ensure that such deployment is reasonable and timely, consistent with section 706 of the Act, and, where appropriate, recommend action to encourage such deployment. ( i ) Provide economic, financial, and technical analyses of telecommunications markets and carrier performance. ( j ) Act on petitions for de novo review of decisions of the Administrative Council for Terminal Attachments regarding technical criteria pursuant to § 68.614 . ( k ) Interact with the public, local, state, and other governmental agencies and industry groups on wireline telecommunications regulation and related matters. Assist the Consumer and Governmental Affairs Bureau on issues involving informal consumer complaints and other general inquiries by consumers. ( l ) Review and coordinate orders, programs and actions initiated by other Bureaus and Offices in matters affecting wireline telecommunications to ensure consistency with overall Commission policy. ( m ) Carry out the functions of the Commission under the Communications Act of 1934, as amended, except as reserved to the Commission under § 0.291 . ( n ) Address audit findings relating to the schools and libraries support mechanism, subject to the overall authority of the Managing Director as the Commission's audit follow-up official. ( o ) Coordinate with the Public Safety and Homeland Security Bureau on all matters affecting public safety, homeland security, national security, emergency management, disaster management, and related issues. ( p ) In coordination with the Office of Economics and Analytics and Wireless Telecommunications Bureau, serves as the Commission's principal policy and administrative staff resource with respect to the use of market-based mechanisms, including competitive bidding, to distribute universal service support. Develops, recommends and administers policies, programs, rules and procedures concerning the use of market-based mechanisms, including competitive bidding, to distribute universal service support. ( q ) Issue orders revoking a common carrier's operating authority pursuant to section 214 of the Act, and issue orders to cease and desist such operations, in cases where the presiding officer has issued a certification order to the Commission that the carrier has waived its opportunity for hearing under that section. ( r ) Review and resolve appeals of decisions by the STIR/SHAKEN authentication framework Governance Authority (as those terms are defined in § 64.6300 of this chapter ) in accordance with § 64.6308 of this chapter . [ 67 FR 13218 , Mar. 21, 2002, as amended at 68 FR 13850 , Mar. 21, 2003; 69 FR 55109 , Sept. 13, 2004; 71 FR 69034 , Nov. 29, 2006; 76 FR 73851 , Nov. 29, 2011; 78 FR 49148 , Aug. 13, 2013; 83 FR 63076 , Dec. 7, 2018; 85 FR 63171 , Oct. 6, 2020; 86 FR 12546 , Mar. 4, 2021; 86 FR 48520 , Aug. 31, 2021] Office of Communications Business Opportunities § 0.101 Functions of the office. ( a ) The Office of Communications Business Opportunities (OCBO), as a staff office to the Commission, develops, coordinates, evaluates, and recommends to the Commission, policies, programs, and practices that promote participation by small entities, women, and minorities in the communications industry. A principal function of the Office is to lead, advise, and assist the Commission, including all of its component Bureau/Office managers, supervisors, and staff, at all levels, on ways to ensure that the competitive concerns of small entities, women, and minorities, are fully considered by the agency in notice and comment rulemakings. In accordance with this function, the Office: ( 1 ) Conducts independent analyses of the Commission's policies and practices to ensure that those policies and practices fully consider the interests of small entities, women, and minorities. ( 2 ) Advises the Commission, Bureaus, and Offices of their responsibilities under the Congressional Review Act provisions regarding small businesses; the Report to Congress regarding Market Entry Barriers for Small Telecommunications Businesses ( 47 U.S.C. 257 ); and the Telecommunications Development Fund ( 47 U.S.C. 614 ). ( b ) The Office has the following duties and responsibilities: ( 1 ) Through its director, serves as the principal small business policy advisor to the Commission; ( 2 ) Develops, implements, and evaluates programs and policies that promote participation by small entities, women and minorities in the communications industry; ( 3 ) Manages the Regulatory Flexibility Analysis process pursuant to the Regulatory Flexibility Act and the Small Business Regulatory Enforcement Fairness Act to ensure that small business interests are fully considered in agency actions; ( 4 ) Develops and recommends Commission-wide goals and objectives for addressing the concerns of small entities, women, and minorities and reports of achievement; ( 5 ) Acts as the principal channel for disseminating information regarding the Commission's activities and programs affecting small entities, women, and minorities; ( 6 ) Develops, recommends, coordinates, and administers objectives, plans and programs to encourage participation by small entities, women, and minorities in the decision-making process; ( 7 ) Promotes increased awareness within the Commission of the impact of policies on small entities, women, and minorities; ( 8 ) Acts as the Commission's liaison to other federal agencies on matters relating to small business. [ 69 FR 7376 , Feb. 17, 2003] Enforcement Bureau § 0.111 Functions of the Bureau. ( a ) Serve as the primary Commission entity responsible for enforcement of the Communications Act and other communications statutes, the Commission's rules, Commission orders and Commission authorizations, other than matters that are addressed in the context of a pending application for a license or other authorization or in the context of administration, including post-grant administration, of a licensing or other authorization or registration program. ( 1 ) Resolve complaints, including complaints filed under section 208 of the Communications Act, regarding acts or omissions of common carriers (wireline, wireless and international). Note 1 to paragraph ( a )(1): The Consumer and Governmental Affairs Bureau has primary responsibility for addressing individual informal complaints from consumers against common carriers (wireline, wireless and international) and against other wireless licensees, and informal consumer complaints involving access to telecommunications services and equipment for persons with disabilities.
The Office of International Affairs has primary responsibility for complaints regarding international settlements rules and policies. ( 2 ) Resolve complaints regarding acts or omissions of non-common carriers subject to the Commission's jurisdiction under Title II of the Communications Act and related provisions, including complaints against aggregators under section 226 of the Communications Act and against entities subject to the requirements of section 227 of the Communications Act. Note 2 to paragraph ( a )(2): The Consumer and Governmental Affairs Bureau has primary responsibility for addressing individual informal complaints from consumers against non-common carriers subject to the Commission's jurisdiction under Title II of the Communications Act and related provisions. ( 3 ) Resolve formal complaints regarding accessibility to communications services and equipment for persons with disabilities, including complaints filed pursuant to sections 225 and 255 of the Communications Act. ( 4 ) Resolve complaints regarding radiofrequency interference and complaints regarding radiofrequency equipment and devices, including complaints of violations of sections 302 and 333 of the Communications Act. Note 3 to paragraph ( a )(4): The Office of Engineering and Technology has shared responsibility for radiofrequency equipment and device complaints. ( 5 ) Resolve complaints regarding compliance with the Commission's Emergency Alert System rules. ( 6 ) Resolve complaints regarding the lighting and marking of radio transmitting towers under section 303(q) of the Communications Act. Note 4 to paragraph ( a )(6): The Wireless Telecommunications Bureau has responsibility for administration of the tower registration program. ( 7 ) Resolve complaints regarding compliance with statutory and regulatory provisions regarding indecent communications subject to the Commission's jurisdiction. ( 8 ) Resolve complaints regarding the broadcast and cable television children's television programming commercial limits contained in section 102 of the Children's Television Act. Note 5 to paragraph ( a )(8): The Media Bureau has responsibility for enforcement of these limits in the broadcast television renewal context. ( 9 ) Resolve complaints regarding unauthorized construction and operation of communications facilities, including complaints of violations of section 301 of the Communications Act. ( 10 ) Resolve complaints regarding false distress signals under section 325(a) of the Communications Act. ( 11 ) Resolves other complaints against Title III licensees and permittees (Title III of the Communications Act of 1934, as amended), including complaints under § 20.12(e) of this chapter , except that the Media Bureau has primary responsibility for complaints regarding children's television programming requirements, and for political and related programming matters involving broadcasters, cable operators and other multichannel video programming distributors. The relevant licensing Bureau has primary responsibility for complaints involving tower siting and the Commission's environmental rules. The Media Bureau has primary responsibility for complaints regarding compliance with conditions imposed on transfers of control and assignments of licenses of Cable Television Relay Service authorizations. Note 6 to paragraph ( a )(11): The Media Bureau has primary responsibility for complaints regarding children's television programming requirements, and for political and related programming matters and equal employment opportunity matters involving broadcasters, cable operators and other multichannel video programming distributors. The relevant licensing Bureau has primary responsibility for complaints involving tower sitting and the Commission's environmental rules. The Media Bureau has primary responsibility for complaints regarding compliance with conditions imposed on transfers of control and assignments of licenses of Cable Television Relay Service authorizations. ( 12 ) Resolve complaints regarding pole attachments filed under section 224 of the Communications Act. ( 13 ) Resolve complaints regarding multichannel video and cable television service under part 76 of this chapter , except that the Media Bureau has primary responsibility for complaints regarding the following: Subpart A (general), with the exception of § 76.11 ; subpart B (Registration Statements); subpart C (Cable Franchise Applications); subpart D (carriage of television broadcast signals); subpart F (nonduplication protection and syndicated exclusivity); subpart G, §§ 76.205 and 76.206 (political broadcasting); subpart I ([Reserved]); subpart J (ownership); subpart L (cable television access); subpart N, § 76.944 (basic cable rate appeals), and §§ 76.970 , 76.971 , and 76.977 (cable leased access rates); subpart O (competitive access to cable programming); subpart P (competitive availability of navigation devices); subpart Q (regulation of carriage agreements); subpart S (Open Video Systems); and subparts T, U, and V to the extent related to the matters listed in this paragraph (a)(13) . Note 7 to paragraph ( a )(13): The Media Bureau has primary responsibility for complaints regarding the following: subpart A (general), with the exception of § 76.11 of this chapter ; subpart B (Registration Statements); subpart C (Federal-State/Local Relationships [Reserved]; subpart D (carriage of television broadcast signals); subpart E (equal employment opportunity requirements); subpart F (nonduplication protection and syndicated exclusivity); subpart G, §§ 76.205 , 76.206 and 76.209 of this chapter (political broadcasting); subpart I (Forms and Reports); subpart J (ownership); subpart L (cable television access); subpart N, § 76.944 of this chapter (basic cable rate appeals), and §§ 76.970 , 76.971 and 76.977 of this chapter (cable leased access rates); subpart O (competitive access to cable programming); subpart P (competitive availability of navigation devices); subpart Q (regulation of carriage agreements); subpart S (Open Video Systems); and subparts T, U and V to the extent related to the matters listed in this note. ( 14 ) Resolve universal service suspension and debarment proceedings pursuant to § 54.521 of this chapter . ( 15 ) Upon referral from the General Counsel pursuant to § 0.251(g) , impose sanctions for violations of the Commission's ex parte rules including, but not limited to, the imposition of monetary forfeitures, consistent with § 0.311 . ( 16 ) Resolve complaints regarding other matters assigned to it by the Commission, matters that do not fall within the responsibility of another Bureau or Office or matters that are determined by mutual agreement with another Bureau or Office to be appropriately handled by the Enforcement Bureau. ( 17 ) Identify and analyze complaint information, conduct investigations, conduct external audits and collect information, including pursuant to sections 218, 220, 308(b), 403 and 409(e) through (k) of the Communications Act, in connection with complaints, on its own initiative or upon request of another Bureau or Office. ( 18 ) Issue or draft orders taking or recommending appropriate action in response to complaints or investigations, including, but not limited to, admonishments, damage awards where authorized by law or other affirmative relief, notices of violation, notices of apparent liability and related orders, notices of opportunity for hearing regarding a potential forfeiture, hearing designation orders, orders designating licenses or other authorizations for a revocation hearing and consent decrees. Issue or draft appropriate orders after a hearing proceeding has been terminated by the presiding officer on the basis of waiver. Issue or draft appropriate interlocutory orders and take or recommend appropriate action in the exercise of its responsibilities. ( 19 ) Encourage cooperative compliance efforts. ( 20 ) Mediate and settle disputes. ( 21 ) Provide information regarding pending complaints, compliance with relevant requirements and the complaint process, where appropriate and to the extent the information is not available from the Consumer and Governmental Affairs Bureau or other Bureaus and Offices. ( 22 ) Exercise responsibility for rulemaking proceedings regarding general enforcement policies and procedures. ( 23 ) Advise the Commission or responsible Bureau or Office regarding the enforcement implications of existing and proposed rules. ( 24 ) Serve as the primary point of contact for coordinating enforcement matters, including market and consumer enforcement matters, with other federal, state and local government agencies, as well as with foreign governments after appropriate consultation, and provide assistance to such entities. Refer matters to such entities, as well as to private sector entities, as appropriate. ( 25 ) Resolve complaints alleging violations of the open Internet rules. ( 26 ) Conduct audits and investigations and resolve issues of compliance concerning equal employment opportunity requirements involving Title III licensees and permittees or multichannel video programming distributors, including cable service providers, under part 76 of this chapter . ( 27 ) Identify suspected illegal calls and illegal texts and provide written notice to voice service or mobile wireless providers. The Enforcement Bureau shall: ( i ) Identify with as much particularity as possible the suspected traffic or texts; ( ii ) Cite the statutory or regulatory provisions the suspected traffic appear to violate or illegal texts violate; ( iii ) Provide the basis for the Enforcement Bureau's reasonable belief that the identified traffic or the determination that the illegal texts are unlawful, including any relevant nonconfidential evidence from credible sources such as the industry traceback consortium or law enforcement agencies; and ( iv ) Direct the voice service provider receiving the notice that it must comply with § 64.1200(n)(2) of the Commission's rules or direct the mobile wireless provider receiving the notice that it must comply with 47 CFR 64.1200(s) . ( 28 ) Take enforcement action, including de-listing from the Robocall Mitigation Database, against any provider: ( i ) Whose certification required by § 64.6305 of this chapter is deficient after giving that provider notice and an opportunity to cure the deficiency; or ( ii ) Who accepts calls directly from a provider not listed in the Robocall Mitigation Database in violation of § 64.6305(g) of this chapter . ( 29 ) Take enforcement action, including revoking an existing section 214 authorization, license, or instrument for any entity that has repeatedly violated § 64.6301 , § 64.6302 , or § 64.6305 of this chapter . The Commission or the Enforcement Bureau under delegated authority will provide prior notice of its intent to revoke an existing license or instrument of authorization and follow applicable revocation procedures, including providing the authorization holder with a written opportunity to demonstrate why revocation is not warranted. ( 30 ) Resolve complaints alleging violations of digital discrimination of access pursuant to 47 CFR part 16 . ( b ) Serve as a party in hearing proceedings conducted pursuant to 47 CFR part 1, subpart B . ( c ) In coordination with the Office of International Affairs, participate in international conferences dealing with monitoring and measurement; serve as the point of contact for the U.S. Government in matters of international monitoring, fixed and mobile direction-finding and interference resolution; and oversee coordination of non-routine communications and materials between the Commission and international or regional public organizations or foreign administrations. ( d ) In conjunction with the Office of Engineering and Technology, work with technical standards bodies. ( e ) Coordinate with and assist the Wireless Telecommunications Bureau with respect to the Commission's privatized ship radio inspection program. ( f ) Provide field support for, and field representation of, the Bureau, other Bureaus and Offices and the Commission. Coordinate with other Bureaus and Offices as appropriate. ( g ) Handle congressional and other correspondence relating to or requesting specific enforcement actions, specific complaints or other specific matters within the responsibility of the Bureau, to the extent not otherwise handled by the Consumer and Governmental Affairs Bureau, the Office of General Counsel (impermissible ex parte presentations) or another Bureau or Office; ( h ) Have authority to issue non-hearing related subpoenas for the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, schedules of charges, contracts, agreements, and any other records deemed relevant to the investigation of matters within the responsibility of the Bureau. Before issuing a subpoena, the Enforcement Bureau shall obtain the approval of the Office of General Counsel. ( i ) Conduct the annual registration and select a single consortium to conduct private-led efforts to trace back the origin of suspected unlawful robocalls, under section 13(d) of the TRACED Act, 133 Stat. at 3287, and § 64.1203 of this chapter , consistent with FCC No. 20-34. ( j ) Collects and reviews information received from private entities related to violations of §§ 64.1200(a) and 64.1604(a) of this chapter . ( k ) Perform such other functions as may be assigned or referred to it by the Commission. [ 64 FR 60716 , Nov. 8, 1999, as amended at 67 FR 13218 , Mar. 21, 2002; 68 FR 36942 , June 20, 2003; 69 FR 30233 , May 27, 2004; 71 FR 69034 , Nov. 29, 2006; 76 FR 24381 , May 2, 2011; 76 FR 26220 , May 6, 2011; 76 FR 59232 , Sept. 23, 2011; 76 FR 60754 , Sept. 30, 2011; 78 FR 23151 , Apr. 18, 2013; 80 FR 53749 , Sept. 8, 2015; 84 FR 9465 , Mar. 15, 2019; 85 FR 21788 , Apr. 20, 2020; 85 FR 63171 , Oct. 6, 2020; 86 FR 17734 , Apr. 6, 2021; 86 FR 52843 , Sept. 23, 2021; 87 FR 42944 , July 18, 2022; 88 FR 21429 , Apr. 10, 2023; 88 FR 40116 , June 21, 2023; 88 FR 43458 , July 10, 2023; 89 FR 4161 , Jan. 22, 2024; 89 FR 5104 , Jan. 26, 2024] § 0.121 Location of field installations. ( a ) Field offices are located throughout the United States. For the address and phone number of the closest office contact the Enforcement Bureau or see the U.S. Government Manual. ( b ) Protected field offices are located at the following geographical coordinates (coordinates are referenced to North American Datum 1983 (NAD83)): Allegan, Michigan, 42°36′20.1″ N. Latitude, 85°57′20.1″ W. Longitude Belfast, Maine, 44°26′42.3″ N. Latitude, 69°04′56.1″ W. Longitude Canandaigua, New York, 42°54′48.2″ N. Latitude, 77°15′57.9″ W. Longitude Douglas, Arizona, 31°30′02.3″ N. Latitude, 109°39′14.3″ W. Longitude Ferndale, Washington, 48°57′20.4″ N. Latitude, 122°33′17.6″ W. Longitude Grand Island, Nebraska, 40°55′21.0″ N. Latitude, 98°25′43.2″ W. Longitude Kenai, Alaska, 60°43′26.0″ N. Latitude, 151°20′15.0″ W. Longitude Kingsville, Texas, 27°26′30.1″ N. Latitude, 97°53′01.0″ W. Longitude Laurel, Maryland, 39°09′54.4″ N. Latitude, 76°49′15.9″ W. Longitude Livermore, California, 37°43′29.7″ N. Latitude, 121°45′15.8″ W. Longitude Powder Springs, Georgia, 33°51′44.4″ N. Latitude, 84°43′25.8″ W. Longitude Santa Isabel, Puerto Rico, 18°00′18.9″ N. Latitude, 66°22′30.6″ W. Longitude Vero Beach, Florida, 27°36′22.1″ N. Latitude, 80°38′05.2″ W. Longitude Waipahu, Hawaii, 21°22′33.6″ N. Latitude, 157°59′44.1″ W. Longitude [ 53 FR 29054 , Aug. 2, 1988, as amended at 61 FR 8477 , Mar. 5, 1996; 63 FR 68918 , Dec. 14, 1998; 64 FR 60718 , Nov. 8, 1999; 67 FR 13219 , Mar. 21, 2002; 69 FR 58097 , Sept. 29, 2004] Wireless Telecommunications Bureau § 0.131 Functions of the Bureau. The Wireless Telecommunications Bureau develops, recommends and administers the programs and policies for the regulation of the terms and conditions under which communications entities offer domestic wireless telecommunications services and of ancillary operations related to the provision of such services (satellite communications excluded). These functions include all wireless telecommunications service providers' and licensees' activities. The Bureau also performs the following specific functions: ( a ) Advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, in all matters pertaining to the licensing and regulation of wireless telecommunications, including ancillary operations related to the provision or use of such services; any matters concerning wireless carriers that also affect wireline carriers in cooperation with the Wireline Competition Bureau; and, in cooperation with the Office of Economics and Analytics, all policies, programs, and rules regarding spectrum auctions, and, in cooperation with the Wireline Competition Bureau and the Office of Economics and Analytics, USF mechanisms affecting wireless carriers. These activities include: Policy development and coordination; conducting rulemaking and adjudicatory proceedings, including licensing and complaint proceedings for matters not within the responsibility of the Enforcement Bureau; acting on waivers of rules; acting on applications for service and facility authorizations; compliance and enforcement activities for matters not within the responsibility of the Enforcement Bureau; determining resource impacts of existing, planned or recommended Commission activities concerning wireless telecommunications, and developing and recommending resource deployment priorities. ( b ) Develops and recommends policy goals, objectives, programs and plans for the Commission on matters concerning wireless telecommunications, drawing upon relevant economic, technological, legislative, regulatory and judicial information and developments. Such matters include meeting the present and future wireless telecommunications needs of the Nation; fostering economic growth by promoting efficiency and innovation in the allocation, licensing and use of the electromagnetic spectrum; ensuring choice, opportunity and fairness in the development of wireless telecommunications services and markets; promoting economically efficient investment in wireless telecommunications infrastructure and the integration of wireless communications networks into the public telecommunications network; enabling access to national communications services; promoting the development and widespread availability of wireless telecommunications services. Reviews and coordinates orders, programs and actions initiated by other Bureaus and Offices in matters affecting wireless telecommunications to ensure consistency of overall Commission policy. ( c ) Serves as a staff resource, in coordination with the Office of Economics and Analytics with regard to the development and implementation of spectrum policy through spectrum auctions. Jointly with the Office of Economics and Analytics, develops, recommends and administers policies, programs and rules concerning licensing of spectrum for wireless telecommunications through auctions and advises the Commission on policy, engineering, and technical matters relating to auctions of spectrum used for other purposes. ( d ) Regulates the charges, practices, classifications, terms and conditions for, and facilities used to provide, wireless telecommunications services. Develops and recommends consistent, integrated policies, programs and rules for the regulation of commercial mobile radio services and private mobile radio services. ( e ) Develops and recommends policy, rules, standards, procedures and forms for the authorization and regulation of wireless telecommunications facilities and services, including all facility authorization applications involving domestic terrestrial transmission facilities. Coordinates with and assists the Space Bureau regarding frequency assignment, coordination and interference matters. ( f ) Develops and recommends responses to legislative, regulatory or judicial inquiries and proposals concerning or affecting wireless telecommunications. ( g ) Develops and recommends policies regarding matters affecting the collaboration and coordination of relations among Federal agencies, and between the Federal government and the states, concerning wireless telecommunications issues. Maintains liaison with Federal and state government bodies concerning such issues. ( h ) Develops and recommends policies, programs and rules to ensure interference-free operation of wireless telecommunications equipment and networks. Coordinates with and assists other Bureaus and Offices, as appropriate, concerning spectrum management, planning, and interference matters and issues, and in compliance and enforcement activities. Studies technical requirements for equipment for wireless telecommunications services in accordance with standards established by the Chief, Office of Engineering and Technology. ( i ) Advises and assists consumers, businesses and other government agencies on wireless telecommunications issues and matters related thereto. Also assists the Consumer and Governmental Affairs Bureau with informal consumer complaints and other general inquiries by consumers. ( j ) Administers the Commission's commercial radio operator program ( part 13 of this chapter ); the Commission's program for registration, construction, marking and lighting of antenna structures ( part 17 of this chapter ), and the Commission's privatized ship radio inspection program ( part 80 of this chapter ). ( k ) Coordinates with and assists the Office of International Affairs with respect to treaty activities and international conferences concerning wireless telecommunications and standards. ( l ) Exercises such authority as may be assigned, delegated or referred to it by the Commission. ( m ) Certifies frequency coordinators; considers petitions seeking review of coordinator actions; and engages in oversight of coordinator actions and practices. ( n ) Administers the Commission's amateur radio programs ( part 97 of this chapter ) and the issuing of maritime mobile service identities (MMSIs). ( o ) Exercises authority to issue non-hearing related subpoenas for the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, schedules of charges, contracts, agreements, and any other records deemed relevant to the investigation of wireless telecommunications operators for any alleged violation or violations of the Communications Act of 1934, as amended, or the Commission's rules and orders. Before issuing a subpoena, the Wireless Telecommunications Bureau shall obtain the approval of the Office of General Counsel. ( p ) Certifies, in the name of the Commission, volunteer entities to coordinate maintain and disseminate a common data base of amateur station special event call signs, and issues Public Notices detailing the procedures of amateur service call sign systems. ( q ) Coordinates with the Public Safety and Homeland Security Bureau on all matters affecting public safety, homeland security, national security, emergency management, disaster management, and related issues. ( r ) In coordination with the Wireline Competition Bureau and the Office of Economics and Analytics, develops and recommends policies, programs, rules and procedures concerning the use of market-based mechanisms, including competitive bidding, to distribute universal service support. ( s ) ( 1 ) Extends the Communications Act Safety Radiotelephony Certificate for a period of up to 90 days beyond the specified expiration date. ( 2 ) Grants emergency exemption requests, extensions or waivers of inspection to ships in accordance with applicable provisions of the Communications Act, the Safety Convention, or the Commission's rules. [ 60 FR 35505 , July 10, 1995, as amended at 61 FR 4361 , Feb. 6, 1996; 62 FR 17567 , Apr. 10, 1997; 64 FR 60718 , Nov. 8, 1999; 65 FR 375 , Jan. 5, 2000; 67 FR 13219 , Mar. 21, 2002; 69 FR 24997 , May 5, 2004; 71 FR 69035 , Nov. 29, 2006; 76 FR 73851 , Nov. 29, 2011; 78 FR 23151 , Apr. 18, 2013; 78 FR 32165 , May 29, 2013; 83 FR 63076 , Dec. 7, 2018; 85 FR 34526 , June 5, 2020; 88 FR 21429 , Apr. 10, 2023; 88 FR 77219 , Nov. 9, 2023] Consumer and Governmental Affairs Bureau § 0.141 Functions of the Bureau. The Consumer and Governmental Affairs Bureau develops and administers the Commission's consumer and governmental affairs policies and initiatives to enhance the public's understanding of the Commission's work and to facilitate the Agency's relationships with other governmental agencies and organizations. The Bureau is responsible for rulemaking proceedings regarding general consumer education policies and procedures and serves as the primary Commission entity responsible for communicating with the general public regarding Commission policies, programs, and activities in order to facilitate public participation in the Commission's decision-making processes. The Bureau also serves as the primary Commission entity responsible for administering the Affordable Connectivity Outreach Grant Program for outreach, in coordination with the Office of the Managing Director, Office of the General Counsel, Wireline Competition Bureau, and Office of Economics and Analytics. The Bureau also performs the following functions: ( a ) Advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, in matters pertaining to consumers and governmental affairs. This includes policy development and coordination as well as adjudication and rulemaking. ( b ) Collaborates with, and advises and assists, the public, state and local governments, and other governmental agencies and industry groups on consumer matters. ( c ) Advises the Commission and other Bureaus and Offices of consumer and governmental affairs-related areas of concern or interest; initiates, reviews, and coordinates orders, programs and actions, in conjunction with other Bureaus and Offices, in matters regarding consumer education policies and procedures, and any other related issues affecting consumer policy; represents the Commission on consumer and governmental-related committees, working groups, task forces and conferences within and outside the Commission; and provides expert advice and assistance to Bureaus and Offices and consumers regarding compliance with applicable disability and accessibility requirements, rules, and regulations. ( d ) Collects and analyzes information from industry, other Bureaus and Offices, and the media, as well as information received in the Bureau from informal consumer inquiries and complaints, rulemakings, and consumer forums; identifies trends that affect consumers; in consultation with the Office of the Managing Director, provides objectives and evaluation methods for the public information portion of the Commission's Government Performance and Results Act submissions and other Commission-wide strategic planning efforts. ( e ) Researches, develops, and distributes materials to inform consumers about the Commission's rules, proposals, and events, and to promote consumer participation in Commission rulemakings and activities; maintains the Commission's Consumer Information Directory; develops a library of commonly requested materials on issues of interest to all consumers. Ensures that alternative translations of Commission materials are available to Commission employees, Bureaus, Offices, and members of the public. ( f ) Advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, in matters pertaining to persons with disabilities. Provides expert advice and assistance, as required, to other Bureaus and Offices, consumers, industry, and others on issues relevant to persons with disabilities. Initiates rulemakings, where appropriate; reviews relevant agenda items and other documents and coordinates with Bureaus and Offices to develop recommendations and propose policies to ensure that communications are accessible to persons with disabilities, in conformance with existing disability laws and policies, and that they support the Commission's goal of increasing accessibility of communications services and technologies for persons with disabilities. ( g ) Plans, develops, and conducts consumer outreach and education initiatives to educate the public about important Commission regulatory programs. In coordination with other Bureaus and Offices, establishes liaison(s) for information sharing purposes to ensure coordination on all consumer outreach projects. Ensures that alternative translations of Commission materials are available to Commission employees, Bureaus, Offices and members of the public. ( h ) Periodically reviews the status of open docketed proceedings, and following: ( 1 ) Consultation with and concurrence from the relevant bureau or office with responsibility for a particular proceeding, ( 2 ) The issuance of a public notice listing proceedings under consideration for termination, and, ( 3 ) A reasonable period during which interested parties may comment, closes any docket in which no further action is required or contemplated (with termination constituting a final determination in any such proceeding). ( i ) Provides informal mediation and resolution of individual informal consumer inquiries and complaints consistent with Commission regulations. Resolves certain classes of informal complaints, as specified by the Commission, through findings of fact and issuance of orders. Receives, reviews, and analyzes responses to informal complaints; maintains manual and computerized files that permit the public inspection of informal consumer complaints; mediates and attempts to settle unresolved disputes in informal complaints as appropriate; and coordinates with other Bureaus and Offices to ensure that consumers are provided with accurate, up-to-date information. Develops and fosters partnerships with state regulatory entities to promote the sharing of information pertaining to informal complaint files maintained by the Bureau. ( j ) Provides leadership to other Bureaus and Offices for dissemination of consumer information via the Internet. ( k ) In coordination with other Bureaus and Offices, handles Congressional and other correspondence related to specific informal consumer complaints, or other specific matters within the responsibility of the Bureau, to the extent not otherwise handled by the Office of General Counsel or other Bureaus or Offices. Responds to and/or coordinates due diligence and other requests for information pertaining to informal inquiries and complaints under the responsibility of the Bureau with other Bureaus and Offices. ( l ) Advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, to develop, administer, and manage the Affordable Connectivity Outreach Grant Program. This includes coordinating with the Office of the Managing Director (OMD) on interagency agreements with other Federal agencies as may be necessary to develop, administer, and manage the Affordable Connectivity Outreach Grant Program, including, developing, administering, and issuing Notices of Funding Opportunity for and making grant awards or entering into cooperative agreements for the Affordable Connectivity Outreach Grant Program. This also includes, with the concurrence of the General Counsel, interpreting rules and regulations pertaining to the Affordable Connectivity Outreach Grant Program. [ 67 FR 13219 , Mar. 21, 2002, as amended at 76 FR 24388 , May 2, 2011; 87 FR 54328 , Sept. 6, 2022; 88 FR 21429 , Apr. 10, 2023] Office of Administrative Law Judges § 0.151 Functions of the Office. The Office of Administrative Law Judges consists of as many Administrative Law Judges qualified and appointed pursuant to the requirements of 5 U.S.C. 3105 as the Commission may find necessary. It is responsible for hearing and conducting adjudicatory cases designated for hearing other than those designated to be heard by the Commission en banc, or by one or more commissioners. The Office of Administrative Law Judges is also responsible for conducting such other hearing proceedings as the Commission may assign. [ 85 FR 63171 , Oct. 6, 2020] Homeland Security, Defense and Emergency Preparedness Functions § 0.181 The Defense Commissioner. The Defense Commissioner is designated by the Commission. The Defense Commissioner directs the homeland security, national security and emergency preparedness, and defense activities of the Commission and has the following duties and responsibilities: ( a ) To keep the Commission informed as to significant developments in the field of homeland security, emergency preparedness, defense, and any related activities that involve formulation or revision of Commission policy in any area of responsibility of the Commission. ( b ) To represent the Commission in public safety, homeland security, national security, emergency preparedness, disaster management, defense and related matters requiring conferences or communications with other governmental officers, departments, or agencies. ( c ) To act as the Homeland Security and Defense Coordinator in representations with other agencies with respect to planning for the continuity of the essential functions of the Commission under emergency conditions. ( d ) To serve as a member of the Joint Telecommunications Resources Board (JTRB). ( e ) To serve as the principal point of contact for the Commission on all matters pertaining to the Department of Homeland Security. ( f ) To take such measures as will assure continuity of the Commission's functions under any foreseeable circumstances with a minimum of interruption. In the event of an emergency, the Defense Commissioner, in consultation with the Chief, Public Safety and Homeland Security Bureau, will decide whether to activate the Commission's Continuity of Operations (COOP) plan and/or initiate the Commission's emergency response procedures. ( g ) In the event of enemy attack, or the imminent threat thereof, or other disaster resulting in the inability of the Commission to function at its offices in Washington, DC, to assume all of the duties and responsibilities of the Commission and the Chairperson, until relieved or augmented by other Commissioners or members of the staff, as set forth in §§ 0.186 and 0.383 . ( h ) To approve national emergency plans and develop preparedness programs covering: provision of service by common carriers; broadcasting and cable facilities, satellite and the wireless radio services; radio frequency assignment; electromagnetic radiation; investigation and enforcement. ( i ) To perform such other duties and assume such other responsibilities related to the Commission's defense activities as may be necessary for the continuity of functions and the protection of Commission personnel and property. ( j ) The Commission may designate an Alternate Defense Commissioner who is authorized to perform the functions of the Defense Commissioner if he or she is not available. [ 29 FR 14664 , Oct. 28, 1964, as amended at 41 FR 31209 , July 27, 1976; 64 FR 60720 , Nov. 8, 1999; 69 FR 32033 , May 27, 2004; 71 FR 69035 , Nov. 29, 2006; 72 FR 48842 , Aug. 24, 2007; 77 FR 62462 , Oct. 15, 2012; 88 FR 21429 , Apr. 10, 2023] § 0.185 Responsibilities of the bureaus and staff offices. The head of each of the bureaus and staff offices, in rendering assistance to the Chief, Public Safety and Homeland Security Bureau in the performance of that person's duties with respect to homeland security, national security, emergency management and preparedness, disaster management, defense, and related activities will have the following duties and responsibilities: ( a ) To keep the Chief, Public Safety and Homeland Security Bureau informed of the investigation, progress, and completion of programs, plans, or activities with respect to homeland security, national security and emergency preparedness, and defense in which they are engaged or have been requested to engage. ( b ) To render assistance and advice to the Chief, Public Safety and Homeland Security Bureau, on matters which relate to the functions of their respective bureaus or staff offices. ( c ) To render such assistance and advice to other agencies as may be consistent with the functions of their respective bureaus or staff offices and the Commission's policy with respect thereto. ( d ) To perform such other duties related to the Commission's homeland security, national security, emergency management and preparedness, disaster management, defense, and related activities as may be assigned to them by the Commission. ( e ) To serve as Public Safety/Homeland Security Liaison to the Public Safety and Homeland Security Bureau or designate a Deputy Chief of the Bureau or Office as such liaison. [ 29 FR 14665 , Oct. 28, 1964, as amended at 50 FR 27953 , July 9, 1985; 59 FR 26971 , May 25, 1994; 61 FR 8477 , Mar. 5, 1996; 64 FR 60721 , Nov. 8, 1999; 69 FR 30234 , May 27, 2004; 71 FR 69035 , Nov. 29, 2006] § 0.186 Emergency Relocation Board. ( a ) As specified in the Commission's Continuity of Operations Plan and consistent with the exercise of the War Emergency Powers of the President as set forth in section 706 of the Communications Act of 1934, as amended, if the full Commission or a quorum thereof is unable to act, an Emergency Relocation Board will be convened at the Commission's Headquarters or other relocation site designated to serve as Primary FCC Staff to perform the functions of the Commission. Relocation may be required to accommodate a variety of emergency scenarios. Examples include scenarios in which FCC headquarters is unavailable or uninhabitable; or many, if not all, agencies must evacuate the immediate Washington, DC, area. The FCC's Continuity of Operations Plan (COOP) includes the deliberate and pre-planned movement of selected key principals and supporting staff to a relocation facility. As an example, a sudden emergency, such as a fire or hazardous materials incident, may require the evacuation of FCC headquarters with little or no advance notice, but for only a short duration. Alternatively, an emergency so severe that FCC headquarters is rendered unusable and likely will be for a period long enough to significantly impact normal operations, may require COOP implementation. Nothing in this subsection shall be construed to diminish the authority of the Commission or its staff to perform functions of the Commission at the Commission's headquarters or other relocation site using existing authority provided for elsewhere in this Chapter. ( b ) The Board shall comprise such Commissioners as may be present (including Commissioners available through electronic communications or telephone) and able to act. In the absence of the Chairperson, the Commissioner present with the longest seniority in office will serve as acting Chairperson. If no Commissioner is present and able to act, the person designated as next most senior official in the Commission's Continuity of Operations Plan will head the Board. [ 69 FR 30234 , May 27, 2004, as amended at 88 FR 21429 , Apr. 10, 2023] Public Safety and Homeland Security Bureau § 0.191 Functions of the Bureau. The Public Safety and Homeland Security Bureau advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, in all matters pertaining to public safety, homeland security, national security, emergency management and preparedness, disaster management, and ancillary operations. The Bureau has responsibility for coordinating public safety, homeland security, national security, emergency management and preparedness, disaster management, and related activities within the Commission. The Bureau also performs the following functions. ( a ) Develops, recommends, and administers policy goals, objectives, rules, regulations, programs and plans for the Commission to promote effective and reliable communications for public safety, homeland security, national security, emergency management and preparedness, disaster management and related activities, including public safety communications (including 911, enhanced 911, and other emergency number issues), priority emergency communications, alert and warning systems (including the Emergency Alert System), continuity of government operations, implementation of Homeland Security Presidential Directives and Orders, disaster management coordination and outreach, communications infrastructure protection, reliability, operability and interoperability of networks and communications systems, the Communications Assistance for Law Enforcement Act (CALEA), and network security. Recommends policies and procedures for public safety, homeland security, national security, emergency management and preparedness, and recommends national emergency plans and preparedness programs covering Commission functions during national emergency conditions. Conducts outreach and coordination activities with, among others, state and local governmental agencies, hospitals and other emergency health care providers, and public safety organizations. Recommends national emergency plans, policies, and preparedness programs covering the provision of service by communications service providers, including telecommunications service providers, information service providers, common carriers, and non-common carriers; broadcasting and cable facilities; satellite and wireless radio services; radio frequency assignment; electro-magnetic radiation; investigation and enforcement. ( b ) Under the general direction of the Defense Commissioner, coordinates the public safety, homeland security, national security, emergency management and preparedness, disaster management, and related activities of the Commission, including national security and emergency preparedness and defense mobilization, Continuity of Government (COG) planning, alert and warning systems (including the Emergency Alert System), and other functions as may be delegated during a national emergency or activation of the President's war emergency powers as specified in section 706 of the Communications Act. Provides support to the Defense Commissioner, including with respect to his or her participation in the Joint Telecommunications Resources Board, and the National Security Telecommunications Advisory Committee and other public safety and homeland security organizations and committees. Represents the Defense Commissioner with other Government agencies and organizations, the communications industry, and Commission licensees on public safety, homeland security, national security, emergency management and preparedness, disaster management, and related issues. Keeps the Defense Commissioner informed as to significant developments in the fields of public safety, homeland security, national security, emergency management, and disaster management activities, and related areas. ( c ) Develops and administers rules, regulations, and policies for priority emergency communications, including the Telecommunications Service Priority System. Supports the Chiefs of the Wireline Competition, International and Wireless Telecommunications Bureaus on matters involving assignment of Telecommunications Service Priority System priorities and in administration of that system. ( d ) The Chief, Public Safety and Homeland Security Bureau, or that person's designee, acts as FCC Alternate Homeland Security and Defense Coordinator and principal to the National Communications System, and the Chief, Public Safety and Homeland Security Bureau, or that person's designee, shall serve as the Commission's representative on National Communications Systems Committees. ( e ) Conducts rulemaking proceedings and acts on requests for interpretation or waiver of rules. ( f ) Advises and makes recommendations to the Commission, or acts for the Commission under delegated authority, in all matters pertaining to the licensing and regulation of public safety, homeland security, national security, emergency management and preparedness, and disaster management wireless telecommunications, including ancillary operations related to the provision or use of such services. These activities include: policy development and coordination; conducting rulemaking and adjudicatory proceedings, including complaint proceedings for matters not within the responsibility of the Enforcement Bureau; acting on waivers of rules; acting on applications for service and facility authorizations; compliance and enforcement activities for matters not within the responsibility of the Enforcement Bureau; determining resource impacts of existing, planned or recommended Commission activities concerning wireless telecommunications, and developing and recommending resource deployment priorities. In addition, advises and assists public safety entities on wireless telecommunications issues and matters related thereto. Administers all authority previously delegated to the Wireless Telecommunications Bureau (including those delegations expressly provided to the Public Safety and Critical Infrastructure Division of the Wireless Telecommunications Bureau) in Improving Public Safety Communications in the 800 MHz Band, WT Docket 02-55. ( g ) Conducts studies of public safety, homeland security, national security, emergency management and preparedness, disaster management, and related issues. Develops and administers recordkeeping and reporting requirements for communications companies pertaining to these issues. Administers any Commission information collection requirements pertaining to public safety, homeland security, national security, emergency management and preparedness, disaster management, and related issues, including the communications disruption reporting requirements set forth in part 4 of this chapter and revision of the filing system and template used for the submission of those communications disruption reports. ( h ) Interacts with the public, local, state, and other governmental agencies and industry groups (including advisory committees and public safety organizations and associations) on public safety, homeland security, national security, emergency management, disaster management and related issues. As requested, represents the Commission at meetings and conferences. Serves as the point of contact for the U.S. Government in matters of international monitoring, fixed and mobile direction-finding and interference resolution; and oversees coordination of non-routine communications and materials between the Commission and international or regional public organizations or foreign administrations. ( i ) Maintains and operates the Commission's public safety, homeland security, national security, emergency management and preparedness, and disaster management facilities and operations, including the Communications Center, the establishment of any Emergency Operations Center (EOC), and any liaison activities with other federal, state, or local government organizations. ( j ) Reviews and coordinates orders, programs and actions initiated by other Bureaus and Offices in matters affecting public safety, homeland security, national security, emergency management and preparedness, disaster management and related issues to ensure consistency with overall Commission policy. Provides advice to the Commission and other Bureaus and offices regarding the public safety, homeland security, national security, emergency management, and disaster management implications of existing and proposed rules. ( k ) Develops and recommends responses to legislative, regulatory or judicial inquiries and proposals concerning or affecting public safety, homeland security, national security, emergency management, disaster management and related issues. Responses to judicial inquiries should be developed with and recommended to the Office of General Counsel. ( l ) Develops and maintains the Commission's plans and procedures, including the oversight, preparation, and training of Commission personnel, for Continuity of Operations (COOP), Continuity of Government functions, and Commission activities and responses to national emergencies and other similar situations. ( m ) Acts on emergency requests for Special Temporary Authority during non-business hours when the other Offices and Bureaus of the Commission are closed. Such actions shall be coordinated with, if possible, and promptly reported to the responsible Bureau or Office. ( n ) Maintains liaison with other Bureaus and Offices concerning matters affecting public safety, homeland security, national security, emergency management and preparedness, disaster management and related issues. ( o ) [Reserved] ( p ) Performs such other functions and duties as may be assigned or referred to it by the Commission or the Defense Commissioner. ( q ) Oversees the Emergency Response Interoperability Center, establishes the intergovernmental advisory committees described under § 0.192(b) , and administers the agency's responsibilities in connection with such committees. [ 71 FR 69035 , Nov. 29, 2006, as amended at 73 FR 9463 , Feb. 21, 2008; 75 FR 28207 , May 20, 2010; 75 FR 78169 , Dec. 15, 2010] § 0.192 Emergency Response Interoperability Center. ( a ) The Emergency Response Interoperability Center acts under the general direction of the Chief of the Public Safety and Homeland Security Bureau to develop, recommend, and administer policy goals, objectives, rules, regulations, programs, and plans for the Commission in matters pertaining to the implementation of national interoperability standards and the development of technical and operational requirements and procedures for the 700 MHz public safety broadband wireless network and other public safety communications systems. These requirements and procedures may involve such issues as interoperability, roaming, priority access, gateway functions and interfaces, interconnectivity of public safety broadband networks, authentication and encryption, and requirements for common public safety broadband applications. ( b ) To the extent permitted by applicable law, the Chief of the Public Safety and Homeland Security Bureau shall have delegated authority to establish one or more advisory bodies, consistent with the Federal Advisory Committee Act or other applicable law, to advise the Emergency Response Interoperability Center in the performance of its responsibilities. Such advisory bodies may include representatives from relevant Federal public safety and homeland security entities, representatives from state and local public safety entities, industry representatives, and service providers. [ 75 FR 28207 , May 20, 2010] Subpart B—Delegations of Authority Authority: 47 U.S.C. 151 , 154(i) , 154(j) , 155 , 225 , and 409 . General § 0.201 General provisions. ( a ) There are three basic categories of delegations made by the Commission pursuant to section 5(c) of the Communications Act of 1934, as amended: ( 1 ) Delegations to act in non-hearing matters and proceedings. The great bulk of delegations in this category are made to bureau chiefs and other members of the Commission's staff. This category also includes delegations to individual commissioners and to boards or committees of commissioners. ( 2 ) Delegations to rule on interlocutory matters in hearing proceedings. Delegations in this category are made to any person, other than the Commission, designated to serve as the presiding officer in a hearing proceeding pursuant to § 1.241 . ( 3 ) Delegations to review an initial decision. Delegations in this category are made to individual commissioners, to panels of commissioners. ( b ) Delegations are arranged in this subpart under headings denoting the person, panel, or board to whom authority has been delegated, rather than by the categories listed in paragraph (a) of this section. ( c ) Procedures pertaining to the filing and disposition of interlocutory pleadings in hearing proceedings are set forth in §§ 1.291 through 1.298 of this chapter . Procedures pertaining to appeals from rulings of the presiding officer are set forth in §§ 1.301 and 1.302 . Procedures pertaining to reconsideration and review of actions taken pursuant to delegated authority are set forth in §§ 1.101 , 1.102 , 1.104 , 1.106 , 1.113 , 1.115 , and 1.117 . Procedures pertaining to exceptions to initial decisions are set forth in §§ 1.276 through 1.279 . ( d ) The Commission, by vote of a majority of the members then holding office, may delegate its functions either by rule or by order, and may at any time amend, modify, or rescind any such rule or order. ( 1 ) Functions of a continuing or recurring nature are delegated by rule. The rule is published in the Federal Register and is included in this subpart. ( 2 ) Functions pertaining to a particular matter or proceeding are delegated by order. The order is published in the Federal Register and associated with the record of that matter or proceeding, but neither the order nor any reference to the delegation made thereby is included in this subpart. [ 28 FR 12402 , Nov. 22, 1963, as amended at 50 FR 26567 , June 27, 1985; 62 FR 4170 , Jan. 29, 1997; 76 FR 70907 , Nov. 16, 2011; 85 FR 63171 , Oct. 6, 2020] § 0.203 Authority of person, panel, or board to which functions are delegated. ( a ) The person, panel, or board to which functions are delegated shall, with respect to such functions, have all the jurisdiction, powers, and authority conferred by law upon the Commission, and shall be subject to the same duties and obligations. ( b ) Except as provided in § 1.102 of this chapter , any action taken pursuant to delegated authority shall have the same force and effect and shall be made, evidenced, and enforced in the same manner as actions of the Commission. [ 28 FR 12402 , Nov. 22, 1963] § 0.204 The exercise of delegated authority. ( a ) Authority to issue orders and to enter into correspondence. Any official (or group of officials) to whom authority is delegated in this subpart is authorized to issue orders (including rulings, decisions, or other action documents) pursuant to such authority and to enter into general correspondence concerning any matter for which he is responsible under this subpart or subpart A of this part . ( b ) Authority of subordinate officials. Authority delegated to any official to issue orders or to enter into correspondence under paragraph (a) of this section may be exercised by that official or by appropriate subordinate officials acting for him/her. ( c ) Signature. ( 1 ) Other orders made by a committee, board or panel identify the body and are signed by the Secretary. ( 2 ) Upon signing an order, the Secretary affixes the Commission's seal. ( 3 ) General correspondence by a committee or board is signed by the committee or board chairperson. ( 4 ) All other orders and letters are signed by the official who has given final approval of their contents. ( 5 ) With the exception of license forms requiring the signature of an appropriate official of the issuing bureau or office, license forms bear only the seal of the Commission. ( d ) Form of orders. Orders may be issued in any appropriate form (e.g., as captioned orders, letters, telegrams) and may, if appropriate, be issued orally. Orders issued orally shall, if practicable, be confirmed promptly in writing. ( e ) Minutes entries. Except as otherwise provided in this subpart, actions taken as provided in paragraph (d) of this section shall be recorded in writing and filed in the official minutes of the Commission. [ 33 FR 8227 , June 1, 1968, as amended at 38 FR 18550 , July 12, 1973; 62 FR 4170 , Jan. 29, 1997; 88 FR 21429 , Apr. 10, 2023] Commissioners § 0.211 Chairperson. The responsibility for the general administration of internal affairs of the Commission is delegated to the Chairperson of the Commission. The Chairperson will keep the Commission advised concerning his actions taken under this delegation of authority. This authority includes: ( a ) Actions of routine character as to which the Chairperson may take final action. ( b ) Actions of non-routine character which do not involve policy determinations. The Chairperson may take final action on these matters but shall specifically advise the Commission on these actions. ( c ) Actions of an important character or those which involve policy determinations. In these matters the Chairperson will develop proposals for presentation to the Commission. ( d ) To act within the purview of the Federal Tort Claims Act, as amended, 28 U.S.C. 2672 , upon tort claims directed against the Commission where the amount of damages does not exceed $5,000. ( e ) Authority to act as “Head of the Agency” or “Agency Head” for administrative determinations required by the Federal Acquisition Regulation and Federal Management Circulars. ( f ) Authority to act as “Head of the Agency” or “Agency Head” for all administrative determinations pursuant to the Debt Collection Improvement Act of 1996, Public Laws 104-134, 110 Stat. 1321, 1358 (1996) (DCIA). [ 28 FR 12402 , Nov. 22, 1963, as amended at 41 FR 49095 , Nov. 8, 1976; 51 FR 23550 , June 30, 1986; 69 FR 27847 , May 17, 2004; 76 FR 70907 , Nov. 16, 2011; 88 FR 21429 , Apr. 10, 2023] § 0.212 Board of Commissioners. ( a ) Whenever the Chairperson or Acting Chairperson of the Commission determines that a quorum of the Commission is not present or able to act, he/she may convene a Board of Commissioners. The Board shall be composed of all Commissioners present and able to act. ( b ) The Board of Commissioners is authorized to act upon all matters normally acted upon by the Commission en banc, except the following: ( 1 ) The final determination on the merits of any adjudicatory or investigatory hearing proceeding or of any rule making proceeding, except upon a finding by the Board that the public interest would be disserved by waiting the convening of a quorum of the Commission. ( 2 ) Petitions for reconsideration of Commission actions. ( 3 ) Applications for review of actions taken pursuant to delegated authority, except that the Board may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter . ( c ) The Board of Commissioners is authorized to act upon all matters normally acted upon by an individual Commissioner (when he or his alternates are not present or able to act) or by a committee of Commissioners (in the absence of a quorum of the committee). ( d ) Actions taken by the Board of Commissioners shall be recorded in the same manner as actions taken by the Commission en banc. ( e ) This section has no application in circumstances in which the Commission is unable to function at its offices in Washington, D.C. See §§ 0.181-0.186 and §§ 0.381-0.387 . [ 30 FR 9314 , July 27, 1965, as amended at 86 FR 12546 , Mar. 4, 2021; 88 FR 21430 , Apr. 10, 2023] § 0.218 Authority of, and delegated to, an individual Commissioner or Commissioners. ( a ) One or more members of the Commission may be designated to preside in a hearing proceeding. The Commissioner or Commissioners designated to preside at such a hearing shall fix the time and place of the hearing and shall act upon all motions, petitions or other matters which may arise while the proceeding is in hearing status. ( b ) One or more members of the Commission may be designated to review an initial decision issued in any hearing case. ( c ) Except for actions taken during the course of a hearing and upon the record thereof, actions taken by a Commissioner or Commissioners pursuant to the provisions of this section shall be recorded in writing and filed in the official minutes of the Commission. [ 27 FR 7931 , Aug. 10, 1962] Managing Director § 0.231 Authority delegated. ( a ) The Managing Director, or his designee, upon securing concurrence of the General Counsel, is delegated authority to act upon requests for waiver, reduction or deferment of fees, establish payment dates, and issue notices proposing amendments or adjustments to the fee schedules established under part 1, subpart G, of this chapter. ( b ) The Managing Director, or his designee, is delegated authority to make nonsubstantive, editorial revisions of the Commission's rules and regulations upon approval of the bureau or staff office primarily responsible for the particular part or section involved. ( c ) [Reserved] ( d ) The Managing Director, or his designee, upon securing the concurrence of the General Counsel, is delegated authority, within the purview of the Federal Tort Claims Act, as amended, 28 U.S.C. 2672 , to grant tort claims directed against the Commission where the amount of the claim does not exceed $5,000. In addition thereto, the Managing Director, or his designee, upon securing the concurrence of the General Counsel, is delegated authority to act in the disposition of claims arising under the Military Personnel and Civilian Employees' Claims Act, as amended, 31 U.S.C. 3701 and 3721 , where the amount of the claim does not exceed $6,500. ( e ) The Managing Director is delegated authority to act as Head of the Procurement Activity and Contracting Officer for the Commission and to designate appropriate subordinate officials to act as Contracting Officers for the Commission. ( f ) ( 1 ) The Managing Director, or his designee, is delegated authority to perform all administrative determinations provided for by the Debt Collection Improvement Act of 1996, Public Laws 104-134, 110 Stat. 1321, 1358 (1996) (DCIA), including, but not limited to the provisions of Title 31, United States Code section 3711 to: ( i ) Collect claims of the United States Government for money or property arising out of the activities of, or referred to, the Federal Communications Commission, ( ii ) Compromise a claim of the Government of not more than $100,000 (excluding interest) or such higher amount as the Attorney General of the United States may from time to time prescribe, and ( iii ) Suspend or end collection action on a claim of the Government of not more than $100,000 (excluding interest) when it appears that no person liable on the claim has the present or prospective ability to pay a significant amount of the claim or the cost of collecting the claim is likely to be more than the amount recovered. ( 2 ) ( i ) This delegation does not include waiver authority provided by 31 U.S.C. 3720B . ( ii ) The Chief Financial Officer, or the Deputy Chief Financial Officer, is delegated authority to perform all administrative determinations provided for by 31 U.S.C. 3720B . ( g ) The Managing Director, after consultation with the Chairperson shall establish, renew, and terminate all Federal advisory committees. He/She shall also exercise all management responsibilities under the Federal Advisory Committee Act as amended (Pub. L. No. 92-463, 5 U.S.C. App.). ( h ) [Reserved] ( i ) The Secretary, acting under the supervision of the Managing Director, serves as the official custodian of the Commission's documents and shall have authority to appoint a deputy or deputies for the purposes of custody and certification of documents located in Gettysburg, Pennsylvania or other established locations. The Secretary is delegated authority to rule on requests for extensions of time based on operational problems associated with the Commission's electronic comment filing system. See § 1.46 of this chapter . ( j ) The Managing Director or his designee is delegated the authority, after seeking the opinion of the General Counsel, to determine, in accordance with generally accepted accounting principles for federal agencies the organizations, programs (including funds), and accounts that are required to be included in the financial statements of the Commission. ( k ) The Managing Director, or his designee, after seeking the opinion of the General Counsel, is delegated the authority to direct all organizations, programs (including funds), and accounts that are required to be included in the financial statements of the Commission to comply with all relevant and applicable federal financial management and reporting statutes. ( l ) The Managing Director is delegated authority to issue subpoenas for the Office of Managing Director's oversight of audits of the USF programs and other financial assistance programs, and the Office of Managing Director's review and evaluation of the interstate telecommunications relay services fund, the North American numbering plan, regulatory fee collection, FCC operating expenses, and debt collection. Before issuing a subpoena, the Office of Managing Director shall obtain the approval of the Office of General Counsel. Cross Reference: 47 CFR part 19, subpart E . [ 29 FR 14666 , Oct. 28, 1964] Editorial Note Editorial Note: For Federal Register citations affecting § 0.231 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . Chief Engineer § 0.241 Authority delegated. ( a ) The performance of functions and activities described in § 0.31 is delegated to the Chief of the Office of Engineering and Technology: Provided that the following matters shall be referred to the Commission en banc for disposition: ( 1 ) Notice of proposed rulemaking and of inquiry and final orders in rulemaking proceedings, inquiry proceedings and non-editorial orders making changes, except that: ( i ) The Chief of the Office of Engineering and Technology is delegated authority, together with the Chief of the Wireless Telecommunications Bureau, to adopt certain technical standards applicable to hearing aid compatibility under § 20.19 of this chapter , as specified in § 20.19(k) . ( ii ) The Chief of the Office of Engineering and Technology is delegated authority, by notice-and-comment rulemaking if required by statute or otherwise in the public interest, to issue an order amending rules in parts 2 , 5 , 15 , or 18 of this chapter that reference industry standards to specify revised versions of the standards. This delegation is limited to modifying rules to reference revisions to standards that are already in the rules and not to incorporate a new standard into the rules, and is limited to the approval of changes to the technical standards that do not raise major compliance issues. ( 2 ) Applications for review of actions taken pursuant to delegated authority, except that the Chief of the Office of Engineering and Technology may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter . ( 3 ) Petitions and other requests for waivers of the Commission's rules, whether or not accompanied by an applications, when such petitions or requests contain new or novel arguments not previously considered by the Commission or present facts or arguments which appear to justify a change in Commission policy. ( 4 ) Petitions and other requests for declaratory rulings, when such petitions or requests contain new or novel arguments not previously considered by the Commission or preset facts or arguments which appear to justify a change in Commission policy. ( 5 ) Any other petition, pleading or request presenting new or novel questions of fact, law, or policy which cannot be resolved under outstanding precedents and guidelines. ( 6 ) Any other complaint or enforcement matter presenting new or novel questions of fact, law, or policy which cannot be resolved under outstanding precedents and guidelines. ( 7 ) Authority to issued a notice of opportunity for hearing pursuant to § 1.80(g) of this chapter ; and authority to issue notices of apparent liability, final forfeiture orders, and orders cancelling or reducing forfeitures imposed under § 1.80(f) of this chapter , if the amount set out in the notice of apparent liability is more than $20,000. ( 8 ) Proposed actions following any case remanded by the courts. ( b ) The Chief of the Office of Engineering and Technology is delegated authority to administer the Equipment Authorization program as described in part 2 of this chapter . ( c ) The Chief of the Office of Engineering and Technology is delegated authority to administer the Experimental Radio licensing program pursuant to part 5 of this chapter . ( d ) The Chief of the Office of Engineering and Technology is delegated authority to examine all applications for certification (approval) of subscription television technical systems as acceptable for use under a subscription television authorization as provided for in this chapter, to notify the applicant that an examination of the certified technical information and data submitted in accordance with the provisions of this chapter indicates that the system does or does not appear to be acceptable for authorization as a subscription television system. This delegation shall be exercised in consultation with the Chief, Media Bureau. ( e ) The Chief of the Office of Engineering and Technology is authorized to dismiss or deny petitions for rulemaking which are repetitive or moot or which for other reasons plainly do not warrant consideration by the Commission. ( f ) The Chief of the Office of Engineering and Technology is authorized to enter into agreements with the National Institute of Standards and Technology and other accreditation bodies to perform accreditation of test laboratories pursuant to § 2.948(e) of this chapter . In addition, the Chief is authorized to make determinations regarding the continued acceptability of individual accrediting organizations and accredited laboratories. ( g ) The Chief of the Office of Engineering and Technology is delegated authority to enter into agreements with the National Institute of Standards and Technology to perform accreditation of Telecommunication Certification Bodies (TCBs) pursuant to §§ 2.960 and 2.962 of this chapter . In addition, the Chief is delegated authority to develop specific methods that will be used to accredit TCBs, to designate TCBs, to make determinations regarding the continued acceptability of individual TCBs, and to develop procedures that TCBs will use for performing post-market surveillance. ( h ) The Chief of the Office of Engineering and Technology is delegated authority to administer the database functions for unlicensed devices operating in the television broadcast bands (TV bands) as set forth in subpart H of part 15 of this chapter . The Chief is delegated authority to develop specific methods that will be used to designate TV bands database managers, to designate these database managers; to develop procedures that these database managers will use to ensure compliance with the requirements for database operations; to make determinations regarding the continued acceptability of individual database managers; and to perform other functions as needed for the administration of the TV bands databases. The Chief is also delegated authority jointly with the Chief of the Wireless Telecommunications Bureau to administer provisions of § 15.713(h)(8) of this chapter pertaining to the registration of event sites where large numbers of wireless microphones that operate on frequencies specified in § 74.802 of this chapter are used. ( i ) The Chief of the Office of Engineering and Technology is delegated authority to make nonsubstantive, editorial revisions to the Commission's rules and regulations contained in parts 2 , 4 , 5 , 15 , and 18 of this chapter . ( j ) The Chief of the Office of Engineering and Technology is delegated authority jointly with the Chief of the Wireless Telecommunications Bureau to administer the Spectrum Access System (SAS) and SAS Administrator functions set forth in part 96 of this chapter . The Chief is delegated authority to develop specific methods that will be used to designate SAS Administrators; to designate SAS Administrators; to develop procedures that these SAS Administrators will use to ensure compliance with the requirements for SAS operation; to make determinations regarding the continued acceptability of individual SAS Administrators; and to perform other functions as needed for the administration of the SAS. The Chief is delegated the authority to perform these same functions with regard to the Environmental Sensing Capability. ( k ) The Chief of the Office of Engineering and Technology is delegated authority to administer the Automated Frequency Coordination (AFC) system and AFC system operator functions set forth in subpart E of part 15 of this chapter . The Chief is delegated authority to develop specific methods that will be used to designate AFC system operators; to designate AFC system operators; to develop procedures that these AFC system operators will use to ensure compliance with the requirements for AFC system operations; to make determinations regarding the continued acceptability of individual AFC system operators; and to perform other functions as needed for the administration of the AFC systems. ( l ) The Chief of the Office of Engineering and Technology is delegated authority, jointly with the Chief of the Wireless Telecommunications Bureau, to establish and administer a process for review of proposed technologies for point-to-endpoint-in-motion communications to aircraft and ships in the 71-76 GHz and 81-86 GHz bands to ensure compliance with the requirements adopted by the Commission. [ 51 FR 41106 , Nov. 13, 1986, as amended at 57 FR 18088 , Apr. 29, 1992; 60 FR 5324 , Jan. 27, 1995; 60 FR 32119 , June 20, 1995; 61 FR 4918 , Feb. 9, 1996; 61 FR 31045 , June 19, 1996; 62 FR 48952 , Sept. 18, 1997; 64 FR 4995 , Feb. 2, 1999; 67 FR 13220 , Mar. 21, 2002; 69 FR 70337 , Dec. 3, 2004; 73 FR 9463 , Feb. 21, 2008; 73 FR 25587 , May 7, 2008; 75 FR 75835 , Dec. 6, 2010; 80 FR 33438 , June 12, 2015; 80 FR 36217 , June 23, 2015; 85 FR 31410 , May 26, 2020; 86 FR 12546 , Mar. 4, 2021; 89 FR 33258 , Apr. 29, 2024] § 0.247 Record of actions taken. The application and authorization files and other appropriate files of the Office of Engineering and Technology are designated as the official minute entries of actions taken pursuant to §§ 0.241 and 0.243 . [ 33 FR 8228 , June 1, 1968, as amended at 44 FR 39179 , July 5, 1979; 51 FR 12615 , Apr. 14, 1986] General Counsel § 0.251 Authority delegated. ( a ) The General Counsel is delegated authority to act as the “designated agency ethics official.” ( b ) Insofar as authority is not delegated to any other Bureau or Office, and with respect only to matters which are not in hearing status, the General Counsel is delegated authority: ( 1 ) To act upon requests for extension of time within which briefs, comments or pleadings may be filed. ( 2 ) To dismiss, as repetitious, any petition for reconsideration of a Commission order which disposed of a petition for reconsideration and which did not reverse, change, or modify the original order. ( 3 ) To dismiss or deny petitions for rulemaking which are repetitive or moot or which, for other reasons, plainly do not warrant consideration by the Commission. ( 4 ) To dismiss as repetitious any petition for reconsideration of a Commission order denying an application for review which fails to rely on new facts or changed circumstances. ( c ) The General Counsel is delegated authority in adjudicatory hearing proceedings which are pending before the Commission en banc to act on all requests for relief, and to issue all appropriate orders, except those which involve final disposition on the merits of a previously specified issue concerning an applicant's basic qualifications or two or more applicants' comparative qualifications. ( d ) When an adjudicatory proceeding is before the Commission for the issuance of a final order or decision, the General Counsel will make every effort to submit a draft order or decision for Commission consideration within four months of the filing of the last responsive pleading. If the Commission is unable to adopt an order or decision in such cases within five months of the last responsive pleading, it shall issue an order indicating that additional time will be required to resolve the case. ( e ) The official record of all actions taken by the General Counsel pursuant to paragraphs (c) and (d) of this section is contained in the original docket folder, which is maintained by the Reference Information Center. ( f ) The General Counsel is delegated authority to issue written determinations on matters regarding the interception of telephone conversations. Nothing in this paragraph, however, shall affect the authority of the Inspector General to intercept or record telephone conversations as necessary in the conduct of investigations or audits. ( g ) The General Counsel is delegated authority to issue rulings on whether violations of the ex parte rules have occurred and to impose appropriate sanctions. The General Counsel shall refer to the Enforcement Bureau for disposition pursuant to § 0.311(b) any matter in which a forfeiture or a citation under 47 U.S.C. 503(b)(5) may be warranted. If the Enforcement Bureau determines that forfeiture or a citation is not warranted, the matter shall be referred back to the General Counsel for appropriate action. ( h ) The General Counsel is delegated authority to make determinations regarding and waive the applicability of section 4(b) of the Communications Act ( 47 U.S.C. § 154(b) ) and the Federal conflict of interest statutes ( 18 U.S.C. §§ 203 , 205 and 208 ). ( i ) The General Counsel is delegated authority to perform all administrative determinations provided for by the Debt Collection Improvement Act of 1996, Public Law 104-134 , 110 Stat. 1321, 1358 (1996) (DCIA), including, but not limited to the provisions of Title 31, U.S.C. 3711 to: ( 1 ) Collect claims of the United States Government of money or property arising out of the activities of, or referred to, the Federal Communications Commission, ( 2 ) Compromise a claim of the Government of not more than $100,000 (excluding interest) or such higher amount as the Attorney General of the United States may from time to time prescribe, and ( 3 ) Suspend or end collection action on a claim of the Government of not more than $100,000 (excluding interest) when it appears that no person liable on the claim has the present or prospective ability to pay a significant amount of the claim or the cost of collecting the claim is likely to be more than the amount recovered. Note to paragraph ( i ): This delegation does not include waiver authority provided by 31 U.S.C. 3720B . ( j ) The General Counsel is delegated authority to act as the Commission's Chief FOIA Officer, as specified in 5 U.S.C. 552(j) . In this role, the General Counsel is delegated authority to dismiss FOIA applications for review that are untimely, repetitious, or fail to articulate specific grounds for review. (Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, 48 Stat., as amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1088, 1089; 47 U.S.C. 152 , 153 , 154 , 155 , 301 , 303 , 307 , 308 , 309 , 315 , 317 ) [ 28 FR 12402 , Nov. 22, 1963] Editorial Note Editorial Note: For Federal Register citations affecting § 0.251 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . International Bureau Source: Sections 0.261 and 0.262 appear at 60 FR 5324 , Jan. 27, 1995, unless otherwise noted. § 0.261 Authority delegated. ( a ) Subject to the limitations set forth in paragraph (b) of this section, the Chief, Space Bureau, is hereby delegated the authority to perform the functions and activities described in § 0.51 , including without limitation the following: ( 1 ) To recommend rulemakings, studies, and analyses (legal, engineering, social, and economic) of various petitions for policy or rule changes submitted by industry or the public, and to assist the Commission in conducting the same. ( 2 ) To act upon applications for satellite systems and earth stations pursuant to part 25 of this chapter . ( 3 ) In conjunction with the Office of International Affairs, to notify the International Telecommunication Union (ITU) of the United States' terrestrial and satellite assignments for inclusion in the Master International Frequency Register. ( 4 ) To interpret and enforce rules and regulations pertaining to matters under its jurisdiction and not within the jurisdiction of the Enforcement Bureau. ( b ) Notwithstanding the authority delegated in paragraph (a) of this section, the Chief, Space Bureau, shall not have authority: ( 1 ) To act on any application, petition, pleading, complaint, enforcement matter, or other request that: ( i ) Presents new or novel arguments not previously considered by the Commission; ( ii ) Presents facts or arguments which appear to justify a change in Commission policy; or ( iii ) Cannot be resolved under outstanding precedents and guidelines after consultation with appropriate Bureaus or Offices. ( 2 ) To issue notices of proposed rulemaking, notices of inquiry, or reports or orders arising from rulemaking or inquiry proceedings; ( 3 ) To act upon any application for review of actions taken by the Chief, Space Bureau, pursuant to delegated authority, except that the Chief of the Space Bureau may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter ; ( 4 ) To act upon any formal or informal radio application which is in hearing status; ( 5 ) To designate for hearing any applications except: ( i ) Mutually exclusive applications for radio facilities filed pursuant to part 25, of this chapter; and ( ii ) Applications for facilities where the issues presented relate solely to whether the applicant has complied with outstanding precedents and guidelines; or ( 6 ) To impose, reduce, or cancel forfeitures pursuant to section 203 or section 503(b) of the Communications Act of 1934, as amended, in amounts of more than $80,000 for common carrier providers and $20,000 for non-common carrier providers. [ 88 FR 21430 , Apr. 10, 2023] § 0.262 Record of actions taken. The application and authorization files in the appropriate central files of the Space Bureau are designated as the Commission's official records of actions by the Chief, Space Bureau, pursuant to authority delegated to the Chief. The official records of action are maintained in the Reference Information Center. [ 88 FR 21430 , Apr. 10, 2023] Office of Economics and Analytics § 0.271 Authority delegated. The Chief, Office of Economics and Analytics, is delegated authority to perform all functions and activities described in § 0.21 (and to perform the specified functions set forth in in paragraphs (f) through (i) of this section to the extent they fall within the subject matters over which the Office of Economics and Analytics has primary authority under § 0.21 ), subject to the exceptions and limitations in paragraphs (a) through (e) of this section: ( a ) The Chief, Office of Economics and Analytics, shall not have authority to act on notices of proposed rulemaking and of inquiry, final orders in rulemaking proceedings and inquiry proceedings, and reports arising from any of the foregoing except such order involving ministerial conforming amendments to rule parts and notices and orders addressing the detailed procedures for implementation of auctions of spectrum and broadcast services and uses of competitive bidding to achieve other Commission policy objectives, including universal service support. ( b ) The Chief, Office of Economics and Analytics, shall not have authority to act on any complaints, petitions, pleadings, requests, or other matters presenting new or novel questions of fact, law, or policy that cannot be resolved under existing precedents and guidelines. ( c ) The Chief, Office of Economics and Analytics, shall not have authority to act on any applications for review of actions taken by the Chief of the Office of Economics and Analytics pursuant to delegated authority, except that the Chief may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter . ( d ) The Chief, Office of Economics and Analytics, shall not have authority to act on any applications that are in hearing status. ( e ) The Chief, Office of Economics and Analytics, shall not have authority to impose, reduce or cancel forfeitures pursuant to the Communications Act of 1934, as amended, in amounts of more than $80,000. Payments for bid withdrawal, default or to prevent unjust enrichment that are imposed pursuant to Section 309(j) of the Communications Act of 1934, as amended, and regulations in this chapter implementing Section 309(j) governing auction authority, are excluded from this restriction. ( f ) The Chief, Office of Economics and Analytics, is delegated authority to deny requests for extension of time or to extend the time within which comments may be filed. ( g ) The Chief, Office of Economics and Analytics, is authorized to dismiss or deny petitions for rulemaking that are repetitive or moot or that for other reasons plainly do not warrant consideration by the Commission. ( h ) The Chief, Office of Economics and Analytics, is authorized to dismiss or deny petitions for reconsideration to the extent permitted by § 1.429(l) of this chapter and to the extent permitted by § 1.106 of this chapter . ( i ) The Chief, Office of Economics and Analytics, is delegated authority to make nonsubstantive, editorial revisions to the Commission's rules and regulations contained in part 1, subparts Q, V, W, and AA, of this chapter. [ 85 FR 34527 , June 5, 2020, as amended at 86 FR 12547 , Mar. 4, 2021] § 0.272 Record of actions taken. The application and authorization files and other appropriate files of the Office of Economics and Analytics are designated as the Commission's official records of action of the Chief, Office of Economics and Analytics, pursuant to authority delegated to the Chief. The official records of action are maintained by the Reference Information Center. [ 88 FR 21430 , Apr. 10, 2023] § 0.273 Actions taken under delegated authority. In discharging the authority conferred by § 0.271 , the Chief, Office of Economics and Analytics, shall establish working relationships with other Bureaus and staff Offices to assure the effective coordination of actions taken in the analysis of regulatory impacts, including assessments of paperwork burdens and initial and final regulatory flexibility assessments. [ 83 FR 63076 , Dec. 7, 2018] Chief, Media Bureau § 0.283 Authority delegated. The Chief, Media Bureau, is delegated authority to perform all functions of the Bureau, described in § 0.61 , provided that the following matters shall be referred to the Commission en banc for disposition: ( a ) Notices of proposed rulemaking and of inquiry and final orders in such proceedings, with the exception of rulemaking proceedings involving the allotment of FM and television channels. ( b ) Application for review of actions taken pursuant to delegated authority, except that the Chief of the Media Bureau may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter . ( c ) Matters that present novel questions of law, fact or policy that cannot be resolved under existing precedents and guidelines. ( d ) The imposition, reduction or cancellation of forfeitures pursuant to section 503(b) of the Communications Act of 1934, as amended, in amounts of more than $20,000. [ 67 FR 13220 , Mar. 21, 2002, as amended at 86 FR 12547 , Mar. 4, 2021] § 0.284 Actions taken under delegated authority. ( a ) In discharging the authority conferred by § 0.283 of this part , the Chief, Media Bureau, shall establish working relationships with other bureaus and staff offices to assure the effective coordination of actions taken in the following areas of joint responsibility; ( 1 ) Complaints arising under section 315 of the Communications Act—Office of General Counsel. ( 2 ) Requests for waiver of tower painting and lighting specifications-Wireless Telecommunications Bureau. ( 3 ) Requests for use of frequencies or bands of frequencies shared with private sector nonbroadcast or government services—Office of Engineering and Technology and appropriate operating bureau. ( 4 ) Requests involving coordination with other agencies of government—Office of General Counsel, Office of Engineering and Technology and appropriate operating bureau. ( 5 ) Proposals involving possible harmful impact on radio astronomy or radio research installations—Office of Engineering and Technology. ( b ) With respect to non-routine applications granted under authority delegated in § 0.283 of this part , the Chief, Media Bureau or his designees, shall enter on the working papers associated with each application a narrative justification of the action taken. While not available for public inspection, these working papers shall, upon request, be made available to the Commissioners and members of their staffs. [ 47 FR 47829 , Oct. 28, 1982; 47 FR 56852 , Dec. 21, 1982, as amended at 51 FR 12615 , Apr. 14, 1986; 52 FR 5288 , Feb. 20, 1987; 59 FR 32132 , June 22, 1994; 59 FR 67092 , Dec. 28, 1994; 61 FR 8477 , Mar. 5, 1996; 64 FR 60721 , Nov. 8, 1999; 67 FR 13220 , Mar. 21, 2002; 71 FR 69036 , Nov. 29, 2006] § 0.285 Record of actions taken. The history card, the station file, and other appropriate files are designated to be the official records of action taken by the Chief of the Media Bureau. The official records of action are maintained by the Reference Information Center. [ 88 FR 21430 , Apr. 10, 2023] Chief, Wireline Competition Bureau § 0.291 Authority delegated. The Chief, Wireline Competition Bureau, is hereby delegated authority to perform all functions of the Bureau, described in § 0.91 , subject to the following exceptions and limitations. ( a ) Authority concerning applications. ( 1 ) The Chief, Wireline Competition Bureau shall not have authority to act on any formal or informal common carrier applications or section 214 applications for common carrier services which are in hearing status. ( 2 ) The Chief, Wireline Competition Bureau shall not have authority to act on any applications or requests which present novel questions of fact, law or policy which cannot be resolved under outstanding precedents and guidelines. ( b ) Authority concerning section 220 of the Act. The Chief, Wireline Competition Bureau shall not have authority to promulgate regulations or orders prescribing permanent depreciation rates for common carriers, or to prescribe interim depreciation rates to be effective more than one year, pursuant to section 220 of the Communications Act of 1934, as amended. ( c ) Authority concerning forfeitures. The Chief, Wireline Competition Bureau shall not have authority to impose, reduce or cancel forfeitures pursuant to Section 203 or Section 503(b) of the Communications Act of 1934, as amended, in amounts of more than $80,000. ( d ) Authority concerning applications for review. The Chief, Wireline Competition Bureau, shall not have authority to act upon any applications for review of actions taken by the Chief, Wireline Competition Bureau, pursuant to any delegated authority, except that the Chief of the Wireline Competition Bureau may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter . ( e ) Authority concerning rulemaking and investigatory proceedings. The Chief, Wireline Competition Bureau, shall not have authority to issue notices of proposed rulemaking, notices of inquiry, or reports or orders arising from either of the foregoing, except that the Chief, Wireline Competition Bureau, shall have authority, in consultation and coordination with the Chief, Office of International Affairs, to issue and revise a manual on the details of the reporting requirements for international carriers referenced in § 43.61(a)(3) of this chapter . ( f ) Authority concerning the issuance of subpoenas. The Chief of the Wireline Competition Bureau or her/his designee is authorized to issue non-hearing related subpoenas for the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, schedules of charges, contracts, agreements, and any other records deemed relevant to the investigation of matters within the jurisdiction of the Wireline Competition Bureau. Before issuing a subpoena, the Bureau shall obtain the approval of the Office of General Counsel. ( g ) The Chief, Wireline Competition Bureau, is delegated authority to enter into agreements with the National Institute of Standards and Technology to perform accreditation of Telecommunication Certification Bodies (TCBs) pursuant to §§ 68.160 and 68.162 of this chapter . In addition, the Chief is delegated authority to develop specific methods that will be used to accredit TCBs, to designate TCBs, to make determinations regarding the continued acceptability of individual TCBs and to develop procedures that TCBs will use for performing post-market surveillance. ( h ) [Reserved] ( i ) Authority concerning schools and libraries support mechanism audits. The Chief, Wireline Competition Bureau, shall have authority to address audit findings relating to the schools and libraries support mechanism. This authority is not subject to the limitation set forth in paragraph (a)(2) of this section. (Secs. 4, 5, 303, 48 Stat. 1066, 1068, 1082, as amended; 47 U.S.C. 154 , 155 , 303 ; secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317, 48 Stat., as amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1089; 47 U.S.C. 152 , 153 , 154 , 155 , 303 , 307 , 308 , 309 , 315 , 317 ) [ 44 FR 18501 , Mar. 28, 1979] Editorial Note Editorial Note: For Federal Register citations affecting § 0.291 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 0.301 [Reserved] § 0.302 Record of actions taken. The application and authorization files are designated as the Commission's official records of action of the Chief, Wireline Competition Bureau pursuant to authority delegated to the Chief. The official records of action are maintained by the Reference Information Center. [ 88 FR 21430 , Apr. 10, 2023] § 0.303 [Reserved] § 0.304 Authority for determinations of exempt telecommunications company status. Authority is delegated to the Chief, Wireline Competition Bureau to act upon any application for a determination of exempt telecommunications company status filed pursuant to section 34(a)(1) of the Public Utility Holding Company Act of 1935, as amended by section 103 of the Telecommunications Act of 1996. [ 64 FR 5950 , Feb. 8, 1999, as amended at 67 FR 13221 , Mar. 21, 2002] Enforcement Bureau § 0.311 Authority delegated. The Chief, Enforcement Bureau, is delegated authority to perform all functions of the Bureau, described in § 0.111 , provided that: ( a ) The following matters shall be referred to the Commission en banc for disposition: ( 1 ) Notices of proposed rulemaking and of inquiry and final orders in such proceedings. ( 2 ) Applications for review of actions taken pursuant to delegated authority, except that the Chief of the Enforcement Bureau may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter . ( 3 ) Matters that present novel questions of law, fact or policy that cannot be resolved under existing precedents and guidelines. ( 4 ) Forfeiture notices and forfeiture orders if the amount is more than $100,000 in the case of common carriers or more than $25,000 in the case of all other persons or entities. ( 5 ) Orders concluding an investigation under section 208(b) of the Communications Act and orders addressing petitions for reconsideration of such orders. ( 6 ) Release of information pursuant to section 220(f) of the Communications Act, except for release of such information to a state public utility commission or in response to a Freedom of Information Act Request. ( b ) Action on complaints regarding compliance with section 705(a) of the Communications Act shall be coordinated with the Office of General Counsel. [ 64 FR 60721 , Nov. 8, 1999, as amended at 67 FR 13221 , Mar. 21, 2002; 71 FR 69036 , Nov. 29, 2006; 86 FR 12547 , Mar. 4, 2021] § 0.314 Additional authority delegated. The Regional Directors are delegated authority to act upon applications, requests, or other matters, which are not in hearing status, and direct the following activities necessary to conduct investigations or inspections: ( a ) On informal requests from broadcast stations to extend temporary authority for operation without monitors, plate ammeter, plate volmeter, base current meter, common point meter, and transmission line meter from FM and television stations. ( b ) To act on and make determinations on behalf of the Commission regarding requests for assignments and reassignments of priorities under the Telecommunications Service Priority System, part 64 of the rules, when circumstances require immediate action and the common carrier seeking to provide service states that it cannot contact the National Communications System or the Commission office normally responsible for such assignments. To the extent possible, all such actions and determinations shall be made in coordination with the Public Safety and Homeland Security Bureau. ( c ) Require special equipment and program tests during inspections or investigations to determine compliance with technical requirements specified by the Commission. ( d ) Require stations to operate with the pre-sunrise and nighttime facilities during daytime hours in order that an inspection or investigation may be made by an authorized Commission representative to determine operating parameters. ( e ) Issue notices and orders to operators of industrial, scientific, and medical (ISM) equipment, as provided in § 18.115 of this chapter . ( f ) Act on requests for permission to resume operation of ISM equipment on a temporary basis, as provided by § 18.115 of this chapter , and requests for extensions of time within which to file final reports, as provided by § 18.117 of this chapter . ( g ) Issue notices and orders to operators of part 15 devices, as provided in § 15.5 of this chapter . ( h ) Issue notices and orders to suspend operations to multi-channel video programming distributors, as provided in § 76.613 of this chapter . ( i ) Issue notices and orders to suspend operations to part 74 licensees, as provided in § 74.23 of this chapter . [ 64 FR 60721 , Nov. 8, 1999, as amended at 67 FR 13221 , Mar. 21, 2002; 71 FR 69036 , Nov. 29, 2006; 78 FR 23151 , Apr. 18, 2013; 80 FR 53749 , Sept. 8, 2015] § 0.317 Record of action taken. The application, authorization, and other appropriate files of the Enforcement Bureau are designated as the Commission's official records of action taken pursuant to authority delegated under §§ 0.311 and 0.314 , and shall constitute the official Commission minutes entry of such actions. The official records of action are maintained by the Reference Information Center. [ 88 FR 21431 , Apr. 10, 2023] Wireless Telecommunications Bureau § 0.331 Authority delegated. Cross Reference Link to an amendment published at 89 FR 63313 , Aug. 5, 2024. The Chief, Wireless Telecommunications Bureau, is hereby delegated authority to perform all functions of the Bureau, described in § 0.131 , subject to the exceptions and limitations in paragraphs (a) through (d) of this section, and also the functions described in paragraphs (e) through (g) of this section. ( a ) Authority concerning applications. ( 1 ) The Chief, Wireless Telecommunications Bureau shall not have authority to act on any radio applications that are in hearing status. ( 2 ) The Chief, Wireless Telecommunications Bureau shall not have authority to act on any complaints, petitions or requests, whether or not accompanied by an application, when such complaints, petitions or requests present new or novel questions of law or policy which cannot be resolved under outstanding Commission precedents and guidelines. ( b ) Authority concerning forfeitures and penalties. The Chief, Wireless Telecommunications Bureau, shall not have authority to impose, reduce, or cancel forfeitures pursuant to the Communications Act of 1934, as amended, and imposed under regulations in this chapter in amounts of more than $80,000 for commercial radio providers and $20,000 for private radio providers. ( c ) Authority concerning applications for review. The Chief, Wireless Telecommunications Bureau, shall not have authority to act upon any applications for review of actions taken by the Chief of the Wireless Telecommunications Bureau pursuant to any delegated authority, except that the Chief may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115 (d) or (f) of this chapter . ( d ) Authority concerning rulemaking proceedings. The Chief, Wireless Telecommunications Bureau shall not have the authority to act upon notices of proposed rulemaking and inquiry, final orders in rulemaking proceedings and inquiry proceedings, and reports arising from any of the foregoing except such orders involving ministerial conforming amendments to rule parts, or orders conforming any of the applicable rules to formally adopted international conventions or agreements where novel questions of fact, law, or policy are not involved. Orders conforming any of the applicable rules in part 17 of this chapter to rules formally adopted by the Federal Aviation Administration also need not be referred to the Commission if they do not involve novel questions of fact, law, or policy. In addition, revisions to the airport terminal use list in § 90.35(c)(61) of this chapter and revisions to the Government Radiolocation list in § 90.371(b) of this chapter need not be referred to the Commission. Adoption of certain technical standards applicable to hearing aid compatibility under § 20.19 of this chapter made together with the Chief of the Office of Engineering and Technology, as specified in § 20.19(k) of this chapter , also need not be referred to the Commission. Also, the addition of new Marine VHF frequency coordination committee(s) to § 80.514 of this chapter need not be referred to the Commission if they do not involve novel questions of fact, policy or law, as well as requests by the United States Coast Guard to: ( 1 ) Designate radio protection areas for mandatory Vessel Traffic Services (VTS) and establish marine channels as VTS frequencies for these areas; or ( 2 ) Designate regions for shared commercial and non-commercial vessel use of VHF marine frequencies. ( 3 ) Designate by footnote to frequency table in § 80.373(f) of this chapter marine VHF frequencies are available for intership port operations communications in defined port areas. ( e ) The Chief of the Wireless Telecommunications Bureau is delegated authority jointly with the Chief of the Office of Engineering and Technology to administer provisions of § 15.713(h)(8) of this chapter pertaining to the registration of event sites where large numbers of wireless microphones that operate on frequencies specified in § 74.802 of this chapter are used. ( f ) The Chief of the Wireless Telecommunications Bureau is delegated authority jointly with the Chief of the Office of Engineering and Technology to administer the Spectrum Access System (SAS) and SAS Administrator functions set forth in part 96 of this chapter . The Chief is delegated authority to develop specific methods that will be used to designate SAS Administrators; to designate SAS Administrators; to develop procedures that these SAS Administrators will use to ensure compliance with the requirements for SAS operation; to make determinations regarding the continued acceptability of individual SAS Administrators; and to perform other functions as needed for the administration of the SAS. The Chief is delegated the authority to perform these same functions with regard to the Environmental Sensing Capability. ( g ) Authority concerning review of certain proposed technologies in the 71-76 and 81-86 GHz bands. The Chief of the Wireless Telecommunications Bureau is delegated authority, jointly with the Chief of the Office of Engineering and Technology, to establish and administer a process for review of proposed technologies for point-to-endpoint-in-motion communications to aircraft and ships in the 71-76 GHz and 81-86 GHz bands to ensure compliance with the requirements adopted by the Commission. The Chief of the Wireless Telecommunications Bureau is also delegated authority to establish and administer specific procedures to be followed for coordinating and registering aeronautical and maritime stations and their associated transmissions. [ 60 FR 35506 , July 10, 1995, as amended at 61 FR 26465 , May 28, 1996; 62 FR 40285 , July 28, 1997; 65 FR 43715 , July 14, 2000; 67 FR 63284 , Oct. 11, 2002; 69 FR 46440 , Aug. 3, 2004; 73 FR 25587 , May 7, 2008; 75 FR 75835 , Dec. 6, 2010; 79 FR 56984 , Sept. 24, 2014; 80 FR 36218 , June 23, 2015; 85 FR 34527 , June 5, 2020; 86 FR 12547 , Mar. 4, 2021; 89 FR 33258 , Apr. 29, 2024] § 0.332 Actions taken under delegated authority. In discharging the authority conferred by § 0.331 , the Chief, Wireless Telecommunications Bureau, shall establish working relationships with other bureaus and staff offices to assure the effective coordination of actions taken in the following areas of joint responsibility: ( a ) [Reserved] ( b ) Requests for waiver of tower painting and lighting specifications—Enforcement Bureau. ( c ) Matters involving public safety, homeland security, national security, emergency management and preparedness, and disaster management communications—the Public Safety and Homeland Security Bureau. ( d ) Complaints involving equal employment opportunities—Office of General Counsel. ( e ) Requests for use of frequencies or bands of frequencies shared with broadcast, common carrier, or government services—Office of Engineering and Technology and appropriate operating bureau. ( f ) Requests involving coordination with other Federal or state agencies when appropriate—Office of General Counsel, Office of Engineering and Technology or operating bureau. ( g ) Proposals involving possible harmful impact on radio astronomy or radio research installations—Office of Engineering and Technology. [ 40 FR 4423 , Jan. 30, 1975, as amended at 44 FR 11070 , Feb. 27, 1979; 44 FR 39180 , July 5, 1979; 50 FR 27953 , July 9, 1985; 51 FR 12615 , Apr. 14, 1986; 51 FR 20290 , June 4, 1986; 52 FR 5288 , Feb. 20, 1987; 59 FR 26971 , May 25, 1994; 60 FR 5325 , Jan. 27, 1995; 60 FR 35507 , July 10, 1995; 61 FR 8477 , Mar. 5, 1996; 64 FR 60722 , Nov. 8, 1999; 71 FR 69037 , Nov. 29, 2006] §§ 0.333-0.337 [Reserved] Administrative Law Judges § 0.341 Authority of Administrative Law Judges and other presiding officers. ( a ) After a presiding officer (other than the Commission) has been designated to conduct a hearing proceeding, and until he or she has issued an initial decision or certified the record to the Commission for decision, or the proceeding has been transferred to another presiding officer, all motions, petitions and other matters that may arise during the proceeding shall be acted upon by such presiding officer, except those which are to be acted upon by the Commission. See § 1.291(a)(1) of this chapter . ( b ) Any question which would be acted upon by the presiding officer if it were raised by the parties to the proceeding may be raised and acted upon by the presiding officer on his or her own motion. ( c ) Any question which would be acted upon by the presiding officer (other than the Commission) may be certified to the Commission on the presiding officer's own motion. ( d ) Except for actions taken during the course of a hearing and upon the record thereof, actions taken by a presiding officer pursuant to the provisions of this section shall be recorded in writing and filed in the official record of the proceeding. ( e ) The presiding officer may waive any rule governing the conduct of Commission hearings upon motion or upon the presiding officer's own motion for good cause, subject to the provisions of the Administrative Procedure Act and the Communications Act of 1934, as amended. ( f ) The presiding officer may issue such orders and conduct such proceedings as will best conduce to the proper dispatch of business and the ends of justice. ( g ) ( 1 ) For program carriage complaints filed pursuant to § 76.1302 of this chapter that the Chief, Media Bureau refers to a presiding officer for an initial decision, the presiding officer shall release an initial decision in compliance with one of the following deadlines: ( i ) 240 calendar days after a party informs the presiding officer that it elects not to pursue alternative dispute resolution as set forth in § 76.7(g)(2) of this chapter ; or ( ii ) If the parties have mutually elected to pursue alternative dispute resolution pursuant to § 76.7(g)(2) of this chapter , within 240 calendar days after the parties inform the presiding officer that they have failed to resolve their dispute through alternative dispute resolution. ( 2 ) The presiding officer may toll these deadlines under the following circumstances: ( i ) If the complainant and defendant jointly request that the presiding officer toll these deadlines in order to pursue settlement discussions or alternative dispute resolution or for any other reason that the complainant and defendant mutually agree justifies tolling; or ( ii ) If complying with the deadline would violate the due process rights of a party or would be inconsistent with fundamental fairness; or ( iii ) In extraordinary situations, due to a lack of adjudicatory resources available at the time. [ 85 FR 63171 , Oct. 6, 2020] § 0.347 Record of actions taken. The record of actions taken by a presiding officer, including initial and recommended decisions and actions taken pursuant to § 0.341 , is available through the Commission's Electronic Comment Filing System (ECFS). ECFS serves as the repository for records in the Commission's docketed proceedings from 1992 to the present. The public may use ECFS to retrieve all such records, as well as selected pre-1992 documents. The Office of the Secretary maintains copies of documents that include nonpublic information. [ 85 FR 63171 , Oct. 6, 2020] § 0.351 Authority delegated. ( a ) The Chief, Office of International Affairs, is hereby delegated the authority to perform the functions and activities described in § 0.19 , including without limitation the following: ( 1 ) To assume the principal representational role on behalf of the Commission in international conferences, meetings, and negotiations, and direct Commission preparation for such conferences, meetings, and negotiations with other Bureaus and Offices, as appropriate. ( 2 ) To administer Commission participation in the International Telecommunication Union (ITU) Fellowship telecommunication training program for foreign officials offered through the U.S. Telecommunications Training Institute. ( 3 ) In consultation with the affected Bureaus and Offices, to recommend revision of Commission rules and procedures as appropriate to conform to the outcomes of international conferences, agreements, or treaties. ( 4 ) To recommend rulemakings, studies, and analyses (legal, engineering, social, and economic) of various petitions for policy or rule changes submitted by industry or the public, and to assist the Commission in conducting the same. ( 5 ) To administer and enforce the policies and rules on international settlements under part 64 of this chapter . ( 6 ) To interpret and enforce rules and regulations pertaining to matters under its jurisdiction and not within the jurisdiction of the Enforcement Bureau. ( 7 ) To conduct studies and compile such data relating to international telecommunications as may be necessary for the Commission to develop and maintain an adequate regulatory program. ( 8 ) To act upon applications for international telecommunications and services pursuant to relevant portions of part 63 of this chapter , and coordinate with the Wireline Competition Bureau as appropriate. ( 9 ) To act upon applications for cable landing licenses pursuant to § 1.767 of this chapter . ( 10 ) To act upon applications relating to international broadcast station operations, or for permission to deliver programming to foreign stations, under part 73 of this chapter . ( 11 ) To administer and make available on a public website, a standardized set of national security and law enforcement questions for the categories of information set forth in part 1, subpart CC, of this chapter. ( 12 ) To act upon requests for designation of Recognized Private Operating Agency (RPOA) status under part 63 of this chapter . ( 13 ) Overseeing a team of staff from the FCC's Bureaus and Offices for the purposes of developing Commission positions related to international standard setting issues; collaborating on behalf of the FCC with other Federal agencies on international standard setting issues; and serving as the Chairperson's primary point of contact to develop goals and facilitate strategic decisions about FCC engagement in international standard setting efforts. ( 14 ) To administer portions of part 2 of this chapter dealing with international treaties and call sign provisions, and to make call sign assignments, individually and in blocks, to U.S. government agencies and FCC operating bureaus. ( 15 ) To make technical and ministerial edits to the rules adopted in the 2016 Report and Order in the review of foreign ownership policies for broadcast, common carrier, and aeronautical radio licensees to ensure that the Commission's rules continue to refer to the correct Securities and Exchange Commission rules and forms. 31 FCC Rcd 11272. ( b ) Notwithstanding the authority delegated in paragraph (a) of this section, the Chief, Office of International Affairs, shall not have authority: ( 1 ) To act on any application, petition, pleading, complaint, enforcement matter, or other request that: ( i ) Presents new or novel arguments not previously considered by the Commission; ( ii ) Presents facts or arguments which appear to justify a change in Commission policy; or ( iii ) Cannot be resolved under outstanding precedents and guidelines after consultation with appropriate Bureaus or Offices. ( 2 ) To issue notices of proposed rulemaking, notices of inquiry, or reports or orders arising from rulemaking or inquiry proceedings; ( 3 ) To act upon any application for review of actions taken by the Chief, Office of International Affairs, pursuant to delegated authority, except that the Chief of the Office of International Affairs may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter ; ( 4 ) To act upon any formal or informal radio application or section 214 application for common carrier services which is in hearing status; ( 5 ) To designate for hearing any applications except applications for facilities where the issues presented relate solely to whether the applicant has complied with outstanding precedents and guidelines; or ( 6 ) To impose, reduce, or cancel forfeitures pursuant to section 203 or section 503(b) of the Communications Act of 1934, as amended, in amounts of more than $80,000 for common carrier providers and $20,000 for non-common carrier providers. [ 88 FR 21431 , Apr. 10, 2023] § 0.352 Record of actions taken. The application and authorization files and other appropriate files of the Office of International Affairs are designated as the Commission's official records of action of the Chief, Office of International Affairs, pursuant to authority delegated to the Chief. The official records of action are maintained in the Reference Information Center. [ 88 FR 21431 , Apr. 10, 2023] Consumer and Governmental Affairs Bureau § 0.361 Authority delegated. The Chief, Consumer and Governmental Affairs Bureau, is delegated authority to perform all functions of the Bureau, described in § 0.141 , provided that the following matters shall be referred to the Commission en banc for disposition: ( a ) Notices of proposed rulemaking and of inquiry and final orders in such proceedings. ( b ) Application for review of actions taken pursuant to delegated authority, except that the Chief of Consumer and Governmental Affairs Bureau may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter . ( c ) Matters that present novel questions of law, fact or policy that cannot be resolved under existing precedents and guidelines. [ 64 FR 60722 , Nov. 8, 1999, as amended at 67 FR 13221 , Mar. 21, 2002; 86 FR 12547 , Mar. 4, 2021] Office of Communications Business Opportunities § 0.371 Authority delegated. The Director, Office of Communications Business Opportunities, or his/her designee, is hereby delegated authority to: ( a ) Manage the Commission's compliance with the Regulatory Flexibility Act and the Small Business Regulatory Enforcement Fairness Act; ( b ) Develop the Commission's goals and objectives regarding increased opportunities for small entities, women, and minorities; ( c ) Collect and analyze data on the Commission's efforts toward ensuring full consideration of the interests of small entities, women, and minorities; ( d ) Prepare and release reports on the opportunities available and obstacles faced by small entities, women, and minorities in the communications industry; ( e ) Conduct studies and collect data on the issues and problems faced by small entities, women, and minorities in the communications industry; ( f ) Assume representational role on behalf of the Commission before other federal agencies and at conferences, meetings, and hearings regarding small entities, women, and minorities in the communications industry; ( g ) Develop programs and strategies designed to increase competition, employment opportunities and diversity of viewpoint through the promotion of ownership by small entities, women, and minorities; ( h ) Manage the Commission's efforts to increase the awareness of small entities, women, and minorities and to ensure that all available information is accessible to the same. [ 69 FR 7377 , Feb. 17, 2003] National Security and Emergency Preparedness Delegations § 0.381 Defense Commissioner. The authority delegated to the Commission under Executive Orders 12472 and 12656 is redelegated to the Defense Commissioner. [ 69 FR 30234 , May 27, 2004] § 0.383 Emergency Relocation Board, authority delegated. ( a ) During any period in which the Commission is unable to function because of the circumstances set forth in § 0.186(b) , all work, business or functions of the Federal Communications Commission arising under the Communications Act of 1934, as amended, is assigned and referred to the Emergency Relocation Board. ( b ) The Board, acting by a majority thereof, shall have the power and authority to hear and determine, order, certify, report or otherwise act as to any of the said work, business or functions so assigned or referred to it, and in respect thereof shall have all the jurisdiction and powers conferred by law upon the Commission, and be subject to the same duties and obligations. ( c ) Any order, decision or report made or other action taken by the said Board in respect of any matters so assigned or referred shall have the same effect and force, and may be made, evidenced, and enforced in the same manner, as if made or taken by the Commission. [ 28 FR 12402 , Nov. 22, 1963, as amended at 33 FR 8228 , June 1, 1968; 53 FR 29055 , Aug. 2, 1988] § 0.387 Other national security and emergency preparedness delegations; cross reference. For authority of the Chief of the Public Safety and Homeland Security Bureau to declare a temporary communications emergency, see § 0.191(o) . [ 71 FR 69037 , Nov. 29, 2006] Office of Workplace Diversity § 0.391 Authority delegated. The Director, Office of Workplace Diversity, or his/her designee, is hereby delegated authority to: ( a ) Manage the Commission's internal EEO compliance program pursuant to Title VII of the Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, as amended, the Age Discrimination in Employment Act of 1967, as amended, the Equal Pay Act, and other applicable laws, rules, regulations, and Executive Orders, with authority that includes appointing EEO counselors, investigators, and mediators; investigating complaints of employment discrimination, and recommending to the Chairperson final agency decisions on EEO complaints; ( b ) Mediate EEO complaints; ( c ) Develop the Commission's affirmative action goals and objectives; ( d ) Collect and analyze data on the Commission's affirmative action and EEO activities and accomplishments; ( e ) Prepare and release reports on EEO, affirmative action, workplace diversity, and related subjects; ( f ) Review personnel activities, including hiring, promotions, discipline, training, awards, and performance recognition for conformance with EEO and workplace diversity goals, objectives and requirements; ( g ) Conduct studies and collect data on workplace diversity issues and problems; ( h ) Assume representational role on behalf of the Commission at conferences, meetings, and negotiations on EEO and workplace diversity issues; ( i ) Develop programs and strategies designed to foster and encourage fairness, equality, and inclusion of all employees in the workforce. [ 61 FR 2728 , Jan. 29, 1996, as amended at 88 FR 21431 , Apr. 10, 2023] Public Safety and Homeland Security Bureau § 0.392 Authority delegated. The Chief, Public Safety and Homeland Security Bureau, is hereby delegated authority to perform all functions of the Bureau, described in §§ 0.191 and 0.192 , subject to the following exceptions and limitations in paragraphs (a) through (e) of this section. ( a ) The Chief, Public Safety and Homeland Security Bureau shall not have authority to act on any applications or requests that present novel questions of fact, law or policy that cannot be resolved under outstanding precedents and guidelines. ( b ) The Public Safety and Homeland Security Bureau shall not have authority to act upon any applications for review of actions taken by the Chief, Public Safety and Homeland Security Bureau, pursuant to any delegated authority, except that the Chief of the Public Safety and Homeland Security Bureau may dismiss any such application that does not contain any statement required under § 1.115(a) or (b) of this chapter , or does not comply with the filing requirements of § 1.115(d) or (f) of this chapter . ( c ) The Public Safety and Homeland Security Bureau shall not have authority to act upon any formal or informal radio application or section 214 application for common carrier services which is in hearing status. ( d ) The Public Safety and Homeland Security Bureau shall not have authority to impose, reduce, or cancel forfeitures pursuant to section 203 or section 503(b) of the Communications Act of 1934, as amended, in amounts of more than $80,000 for common carrier providers and $20,000 for non-common carrier providers. ( e ) The Chief, Public Safety and Homeland Security Bureau shall not have authority to issue notices of proposed rulemaking, notices of inquiry, or reports or orders arising from either of the foregoing except such orders involving ministerial conforming amendments to rule parts, or orders conforming any of the applicable rules to formally adopted international conventions or agreements where novel questions of fact, law, or policy are not involved. ( f ) The Chief, Public Safety and Homeland Security Bureau or her/his designee has the authority to rule on emergency requests for Special Temporary Authority during non-business hours. Action on emergency requests for Special Temporary Authority during non-business hours shall be promptly reported to the responsible Bureau or Office. ( g ) [Reserved] ( h ) The Chief, Public Safety and Homeland Security Bureau or her/his designee is authorized to issue non-hearing related subpoenas for the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, schedules of charges, contracts, agreements, and any other records deemed relevant to the investigation of matters within the jurisdiction of the Public Safety and Homeland Security Bureau. Before issuing a subpoena, the Bureau shall obtain the approval of the Office of General Counsel. ( i ) The Chief of the Public Safety and Homeland Security Bureau is delegated authority to administer the communications disruption reporting requirements contained in part 4 of this chapter and to revise the filing system and template used for the submission of such communications disruption reports. ( j ) The Chief of the Public Safety and Homeland Security Bureau is delegated authority to administer the communications reliability and redundancy rules and policies contained in part 9, subpart H, of this chapter, develop and revise forms and procedures as may be required for the administration of part 9, subpart H, of this chapter, review certifications filed in connection therewith, and order remedial action on a case-by-case basis to ensure the reliability of 911 service in accordance with such rules and policies. [ 71 FR 69037 , Nov. 29, 2006, as amended at 72 FR 39760 , July 20, 2007; 73 FR 9463 , Feb. 21, 2008; 75 FR 28207 , May 20, 2010; 75 FR 78169 , Dec. 15, 2010; 79 FR 3130 , Jan. 17, 2014; 86 FR 12547 , Mar. 4, 2021] Subpart C—General Information General § 0.401 Location of Commission offices. The Commission maintains several offices and receipt locations. Applications and other filings not submitted in accordance with the addresses or locations set forth below will be returned to the applicant without processing. When an application or other filing does not involve the payment of a fee, the appropriate filing address or location is established elsewhere in the rules for the various types of submissions made to the Commission. The public should identify the correct filing location by reference to these rules. Applications or submissions requiring fees must be submitted in accordance with § 0.401(b) of the rules irrespective of the addresses that may be set out elsewhere in the rules for other submissions. ( a ) General correspondence, as well as applications and filings not requiring the fees set forth at part 1, subpart G of the rules (or not claiming an exemption, waiver or deferral from the fee requirement), should be delivered to one of the following locations. ( 1 ) The main office of the Commission is located at 45 L Street NE, Washington, DC 20554. ( i ) Documents submitted by mail to this office should be addressed to: Federal Communications Commission, Washington, DC 20554. ( ii ) All hand-carried documents should be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission and delivered to 9050 Junction Drive, Annapolis Junction, MD 20701. ( iii ) Electronic filings, where required, recommended, or permitted, must be transmitted as specified by the Commission or relevant Bureau or Office. ( 2 ) The Commission's laboratory is located near Columbia, Maryland. The mailing address is: Federal Communications Commission, Equipment Authorization Division, 7435 Oakland Mills Road, Columbia, MD 21046 ( 3 ) The Commission also maintains offices at Gettysburg, PA. ( i ) The address of the Wireless Telecommunications Bureau's licensing facilities are: ( A ) Federal Communications Commission, 1270 Fairfield Road, Gettysburg, PA 17325-7245; and ( B ) Federal Communications Commission, Wireless Telecommunications Bureau, Washington, DC 20554. ( ii ) The mailing address of the International Telecommunications Section of the Finance Branch is: Federal Communications Commission, P.O. Box IT-70, Gettysburg, PA 17326. ( 4 ) For the locations of the field offices, contact the Enforcement Bureau. ( 5 ) The location of the Office of General Counsel is 45 L Street NE, Washington, DC 20554. ( b ) Applications or filings requiring the fees set forth at part 1, subpart G of the rules must be delivered through the appropriate electronic filing system with the correct fee and completed Fee Form attached to the application or filing, unless otherwise directed by the Commission. In the case of any conflict between this rule subpart and other rules establishing filing locations for submissions subject to a fee, this subpart shall govern. Note to paragraph ( b ) introductory text: Applicants seeking a waiver or deferral of fees must submit their application or filing in accordance with the addresses set forth below. Applicants claiming a statutory exemption from the fees should file their applications in accordance with paragraph (a) of this section. ( 1 ) Applications and filings submitted by mail shall be submitted following the procedures set forth by the Commission in the appropriate fee rules. Note to paragraph ( b )(1): Wireless Telecommunications Bureau applications that require frequency coordination by certified coordinators must be submitted to the appropriate certified frequency coordinator before filing with the Commission. After coordination, the applications are filed with the Commission as set forth herein. (See §§ 90.127 and 90.175 of this chapter .) ( 2 ) Alternatively, applications and other filings may be sent electronically via the Universal Licensing System (ULS) or the Cable Operations and Licensing System (COALS) as appropriate for use of those systems. [ 52 FR 10227 , Mar. 31, 1987] Editorial Note Editorial Note: For Federal Register citations affecting § 0.401 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov . § 0.403 Office hours. The main offices of the Commission are open from 8 a.m. to 5:30 p.m., Monday through Friday, excluding legal holidays, unless otherwise stated. [ 52 FR 10228 , Mar. 31, 1987] § 0.405 Statutory provisions. The following statutory provisions, among others, will be of interest to persons having business with the Commission: ( a ) The Federal Communications Commission was created by the Communications Act of 1934, 48 Stat. 1064, June 19, 1934, as amended, 47 U.S.C. 151-609 . ( b ) The Commission exercises authority under the Submarine Cable Landing Act, 42 Stat. 8, May 27, 1921, 47 U.S.C. 34-39 . See section 5 of Executive Order 10530, 19 FR 2709 , May 10, 1954, as amended, 3 CFR , 1965 ed., p. 463. ( c ) The Commission exercises authority under the Communications Satellite Act of 1962, 76 Stat. 419, August 31, 1962, 47 U.S.C. 701-744 . ( d ) The Commission operates under the Administrative Procedure Act, 60 Stat. 237, June 11, 1946, as amended, originally codified as 5 U.S.C. 1001-1011 . Pursuant to Pub. L. 89-554, September 6, 1966, 80 Stat. 378, the provisions of the Administrative Procedure Act now appear as follows in the Code: Administrative Procedure Act 5 U.S.C. Sec. 2-9 551-558 Sec. 10 701-706 Sec. 11 3105, 7521, 5362, 1305 Sec. 12 559 [ 32 FR 10570 , July 19, 1967] § 0.406 The rules and regulations. Persons having business with the Commission should familiarize themselves with those portions of its rules and regulations pertinent to such business. All of the rules have been published and are readily available. See §§ 0.411(b) , 0.412 , and 0.415 . For the benefit of those who are not familiar with the rules, there is set forth in this section a brief description of their format and contents. ( a ) Format. The rules are set forth in the Code of Federal Regulations as chapter I of title 47. Chapter I is divided into parts numbered from 0-99. Each part, in turn, is divided into numbered sections. To allow for the addition of new parts and sections in logical sequence, without extensive renumbering, parts and sections are not always numbered consecutively. Thus, for example, part 2 is followed by part 5, and § 1.8 is followed by § 1.10 ; in this case, parts 3 and 4 and § 1.9 have been reserved for future use. In numbering sections, the number before the period is the part number; and the number after the period locates the section within that part. Thus, for example, § 1.1 is the first section of part 1 and § 5.1 is the first section in part 5. Except in the case of accounting regulations (parts 31-35), the period should not be read as a decimal point; thus, § 1.511 is not located between §§ 1.51 and 1.52 but at a much later point in the rules. In citing the Code of Federal Regulations, the citation, 47 CFR 5.1 , for example, is to § 5.1 (in part 5) of chapter I of title 47 of the Code, and permits the exact location of that rule. No citation to other rule units (e.g., subpart or chapter) is needed. ( b ) Contents. Parts 0-19 of the rules have been reserved for provisions of a general nature. Parts 20-69 of this chapter have been reserved for provisions pertaining to common carriers. Parts 20-29 and 80-109 of this chapter have been reserved for provisions pertaining to the wireless telecommunications services. In the rules pertaining to common carriers, parts 20-25 and 80-99 of this chapter pertain to the use of radio; In the rules pertaining to common carriers, parts 21 , 23 , and 25 of this chapter pertain to the use of radio; parts 31-66 of this chapter pertain primarily to telephone and telegraph companies. Persons having business with the Commission will find it useful to consult one or more of the following parts containing provisions of a general nature in addition to the rules of the radio or wire communication service in which they are interested: ( 1 ) Part 0, Commission organization. Part 0 describes the structure and functions of the Commission, lists delegations of authority to the staff, and sets forth information designed to assist those desiring to obtain information from, or to do business with, the Commission. This part is designed, among other things, to meet certain of the requirements of the Administrative Procedure Act, as amended. ( 2 ) Part 1 of this chapter , practice and procedure. Part 1, subpart A, of this chapter contains the general rules of practice and procedure. Except as expressly provided to the contrary, these rules are applicable in all Commission proceedings and should be of interest to all persons having business with the Commission. Part 1, subpart A of this chapter also contains certain other miscellaneous provisions. Part 1, subpart B, of this chapter contains the procedures applicable in formal hearing proceedings (see § 1.201 of this chapter ). Part 1, subpart C, of this chapter contains the procedures followed in making or revising the rule or regulations. Part 1, subpart D, of this chapter contains rules applicable to applications for licenses in the Broadcast Radio Services, including the forms to be used, the filing requirements, the procedures for processing and acting upon such applications, and certain other matters. Part 1, subpart E, of this chapter contains general rules and procedures applicable to common carriers. Part 1, subpart F, of this chapter contain rules applicable to applications for licenses in the Wireless Telecommunications Bureau services, including the forms to be used, the filing requirements, the procedures for processing and acting on such applications, and certain other matters. Part 1, subpart F, of this chapter contains rules applicable to applications for licenses in the Private Radio Services, including the forms to be used, the filing requirements, the procedures for processing and acting on such applications, and certain other matters. Part 1, subpart G, of this chapter contains rules pertaining to the application processing fees established by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Pub. L. 99-272, 100 Stat. 82 (1986)) and also contains rules pertaining to the regulatory fees established by the Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103-66, 107 Stat. 397 (1993)). Part 1, subpart H, of this chapter, concerning ex parte presentations, sets forth standards governing communications with commission personnel in hearing proceedings and contested application proceedings. Part 1, subparts G and H, of this chapter will be of interest to all regulatees, and part 1, subpart H, of this chapter will, in addition, be of interest to all persons involved in hearing proceedings. ( 3 ) Part 2, frequency allocations and radio treaty matters; general rules and regulations. Part 2 will be of interest to all persons interested in the use of radio. It contains definitions of technical terms used in the rules and regulations; provisions governing the allocation of radio frequencies among the numerous uses made of radio (e.g., broadcasting, land mobile) and radio services (e.g., television, public safety), including the Table of Frequency Allocations ( § 2.106 ); technical provisions dealing with emissions; provisions dealing with call signs and emergency communications; provisions governing authorization of radio equipment; and a list of treaties and other international agreements pertaining to the use of radio. ( 4 ) Part 5, experimental radio service. Part 5 provides for the temporary use of radio frequencies for research in the radio art, for communications involving other research projects, for the development of equipment, data, or techniques, and for the conduct of equipment product development or market trials. ( 5 ) Part 13, commercial radio operators. Part 13 describes the procedures to be followed in applying for a commercial operator license, including the forms to be used and the examinations given, and sets forth rules governing licensed operators. It will be of interest to applicants for such licenses, licensed operators, and the licensees of radio stations which may be operated only by persons holding a commercial radio operator license. ( 6 ) Part 15, radio frequency devices. Part 15 contains regulations designed to prevent harmful interference to radio communication from radio receivers and other devices which radiate radio frequency energy, and provides for the certification of radio receivers. It also provides for the certification of low power transmitters and for the operation of certificated transmitters without a license. ( 7 ) Part 17, construction, marking, and lighting of antenna structures. Part 17 contains criteria for determining whether applications for radio towers require notification of proposed construction to the Federal Aviation Administration, and specifications for obstruction marking and lighting of antenna structures. ( 8 ) Part 18, industrial, scientific and medical equipment. Part 18 contains regulations designed to prevent harmful interference to radio communication from ultrasonic equipment, industrial heating equipment, medical diathermy equipment, radio frequency stabilized arc welders, and other equipment which uses radio energy for purposes other than communication. ( 9 ) Part 19, employee responsibilities and conduct. Part 19 prescribes standards of conduct for the members and staff of the Commission. [ 32 FR 10571 , July 19, 1967, as amended at 32 FR 12180 , Aug. 24, 1967; 37 FR 20553 , Sept. 30, 1972; 52 FR 5288 , Feb. 20, 1987; 58 FR 13021 , Mar. 9, 1993; 59 FR 30998 , June 16, 1994; 60 FR 35507 , July 10, 1995; 63 FR 36596 , July 7, 1998; 78 FR 25160 , Apr. 29, 2013] § 0.408 OMB Control Numbers and expiration dates assigned pursuant to the Paperwork Reduction Act of 1995. OMB control numbers and expiration dates for the Commission information collection requirements assigned by the Office of Management and Budget (“OMB”) pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13 can be found at https://www.reginfo.gov/public/do/PRAMain . The Commission intends that this posting comply with the requirement that agencies “display” current OMB control numbers and expiration dates assigned by the Director, OMB, for each approved information collection requirement. Notwithstanding any other provisions of law, no person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a currently valid OMB control number. Questions concerning the OMB control numbers and expiration dates should be directed to the Secretary, Office of the Secretary, Office of Managing Director, Federal Communications Commission, Washington, DC 20554 by sending an email to PRA@fcc.gov . [ 88 FR 21431 , Apr. 10, 2023] § 0.409 Commission policy on private printing of FCC forms. The Commission has established a policy regarding the printing of blank FCC forms by private companies if they elect to do so as a matter of expediency and convenience to their clients or consumers. The policy is as follows: ( a ) Blank FCC forms may be reproduced by private companies at their own expense provided the following conditions are met: ( 1 ) Use a printing process resulting in a product that is at least comparable in quality to the original document, without change to the page size, image size, configuration of pages, folds or perforations, and matching as closely as possible the paper weight, paper color and ink color. ( 2 ) Delete in its entirety any and all U.S. Government Printing Office (GPO) indicia that may appear in the margin(s). ( 3 ) If the printer wishes to identify a foreign country in which the forms are printed, a marginal notation must be added stating “No U.S. Government funds were used to print this document.” ( 4 ) Do not add to the form any other symbol, word or phrase that might be construed as personalizing the form or advertising on it. ( 5 ) Except as specified above, do not delete from or add to any part of the form, or attach anything thereto. ( 6 ) Assure that the form being reproduced is an edition currently acceptable by the Commission, which will endeavor to keep the public advised of revisions to its forms, but cannot assume responsibility to the extent of eliminating any element of risk against the use of obsolete forms. ( b ) These guidelines do not apply to forms which respondents may wish to reproduce as completed facsimiles on automated equipment to satisfy application or report requirements. Requests for permission to submit such forms to the Commission should be addressed to the Office of Managing Director. [ 53 FR 27861 , July 25, 1988] Printed Publications § 0.411 General reference materials. The following reference materials are available in many libraries and may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402: ( a ) Statutory materials. Laws pertaining to communications are contained in Title 47 of the United States Code. Laws enacted since the printing of the last supplement to the Code are printed individually as slip laws, and these are compiled chronologically in the United States Statutes at Large. The Acts of Congress from 1910-62 pertaining to radio have been compiled in a single volume, Radio Laws of the United States (1962 ed.). See §§ 0.405 and 0.414 . ( b ) Regulatory materials — ( 1 ) The Code of Federal Regulations. The rules and regulations of the Commission are contained in chapter I of title 47 of the Code of Federal Regulations . Chapter I is divided into the following four subchapters, which may be purchased separately: Subchapter A—General; Subchapter B—Common Carrier Services; Subchapter C—Broadcast Radio Services; and Subchapter D—Private Radio Services. Most persons will find that they need subchapter A, containing the general rules, and one of the other volumes, depending upon their area of interest. These four volumes are revised annually to reflect changes in the rules. See §§ 0.406 , 0.412 , and 0.415 . The Code of Federal Regulations is fully indexed and contains numerous finding aids. See 1 CFR appendix C. ( 2 ) The Federal Register. As rules are adopted, amended, or repealed, the changes are published in the Federal Register, which is published daily except on legal holidays. Notices of proposed rule making, other rule making documents, statements of general policy, interpretations of general applicability, and other Commission documents having general applicability and legal effect are also published in the Federal Register. Summaries of the full Notices of proposed rule making and other rule making decisions adopted by the Commission constitute rulemaking documents for purposes of Federal Register publication. The Federal Register is fully indexed and contains numerous findings aids. [ 32 FR 10571 , July 19, 1967, as amended at 44 FR 39180 , July 5, 1979; 51 FR 7444 , Mar. 4, 1986] § 0.413 The Commission's printed publications. The Commission's printed publications are described in §§ 0.414 through 0.420 . These publications may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. [ 64 FR 60722 , Nov. 8, 1999] § 0.414 The Communications Act and other statutory materials. This publication, with packets of revised pages, contains the Communications Act of 1934, with amendments through 1964; the Administrative Procedure Act, with amendments through 1964; the Judicial Review Act; the Communications Satellite Act of 1962; and selected sections of the Criminal Code pertaining to communications. It also contains indexes to the Communications Act and the Administrative Procedure Act. Persons who do not have ready access to the United States Code, or who refer frequently to these materials, may find this volume to be useful. [ 32 FR 10571 , July 19, 1967] § 0.415 The rules and regulations (looseleaf service). ( a ) In this service, the rules are divided into 10 volumes, each containing several related parts. Each volume may be purchased separately from the Superintendent of Documents. The purchase price for a volume includes a subscription to replacement pages reflecting changes in the rules contained therein until such time as the volume is revised. Each volume is revised periodically, depending primarily on the frequency with which the rules it contains have been amended. When a volume is revised, the revised volume and replacement pages therefor will be furnished to those who renew their subscriptions. ( b ) [Reserved] [ 41 FR 21449 , May 26, 1976, as amended at 45 FR 49935 , July 28, 1980; 51 FR 31304 , Sept. 2, 1986] § 0.416 The Federal Communications Commission Record. Texts adopted by the Commission or a member of its staff on delegated authority and released through the Office of Media Relations are published in the FCC Record. The FCC Record is published biweekly in pamphlet form. The pamphlets are available on a subscription basis from the Superintendent of Documents. Each biweekly pamphlet contains a table of contents and current index. A consolidated index is published on a periodic basis. [ 64 FR 60722 , Nov. 8, 1999] § 0.417 The Annual Reports. At the end of each fiscal year, the Commission publishes an Annual Report containing general information concerning the Commission and the history of regulation, a summary of developments during the year, and selected industry statistics. [ 32 FR 10571 , July 19, 1967] § 0.420 Other Commission publications. The following additional Commission publications may be purchased from the Superintendent of Documents: ( a ) Statistics of Communications Common Carriers. ( b ) Figure M-3, Estimated AM Ground Conductivity of the United States (set of two maps). ( c ) Television Network Program Procurement Report, 2d Interim Report, Part 2, by the Office of Network Study. [ 32 FR 10571 , July 19, 1967, as amended at 44 FR 39180 , July 5, 1979] Forms and Documents Available Upon Request § 0.421 Application forms. All forms for use in submitting applications for radio authorization, together with instructions and information as to filing such forms, may be obtained at http://www.fcc.gov/forms . For information concerning the forms to be used and filing requirements, see part 1 of this chapter and the appropriate substantive rules. [ 80 FR 53749 , Sept. 8, 2015] § 0.422 Current action documents and public notices. Documents adopted by the Commission, public notices and other public announcements are released through the Office of Media Relations. These documents are also available on the Commission's website at www.fcc.gov and can be obtained from the Commission's duplicating contractor. [ 64 FR 60722 , Nov. 8, 1999] § 0.423 Information bulletins. Information bulletins and fact sheets containing information about communications issues and the Federal Communications Commission are available on the Commission's web site at www.fcc.gov , ftp.fcc.gov or may be requested from the Consumer and Governmental Affairs Bureau. [ 64 FR 60722 , Nov. 8, 1999, as amended at 67 FR 13221 , Mar. 21, 2002] Lists Containing Information Compiled by the Commission § 0.431 The FCC service frequency lists. Lists of frequency assignments to radio stations authorized by the Commission are recapitulated periodically by means of an automated record system. All stations licensed by the Commission are included, except the following: Aircraft, amateur, personal (except General Mobile Radio Service), Civil Air Patrol, and disaster. The resulting documents, the FCC service frequency lists, consist of several volumes arranged by nature of service, in frequency order, including station locations, call signs and other technical particulars of each assignment. These documents are available for public inspection in Washington, D.C., in the Office of Engineering and Technology. Copies may be purchased from the Commission's duplicating contractor. See § 0.465(a) . [ 64 FR 60722 , Nov. 8, 1999] § 0.434 Data bases and lists of authorized broadcast stations and pending broadcast applications. The FCC makes available its data bases, Consolidated Database System (CDBS) and Licensing and Management System (LMS), containing information about authorized broadcast stations, pending applications for such stations, and rulemaking proceedings involving amendments to the TV and FM Table of Allotments. CDBS and LMS contain frequencies, station locations, and other particulars. CDBS and LMS may be viewed at the Commission's website at www.fcc.gov under Media Bureau. [ 89 FR 7243 , Feb. 1, 2024] Public Information and Inspection of Records Source: 74 FR 14078 , Mar. 30, 2009, unless otherwise noted. § 0.441 General. ( a ) Any person desiring to obtain information from the Commission may do so by contacting the Consumer and Governmental Affairs Bureau (CGB). Requests for information and general inquiries may be submitted by: ( 1 ) Internet at http://www.fcc.gov/consumer-governmental-affairs or http://www.fcc.gov/foia . ( 2 ) Telephone at 1-888-CALL-FCC (1-888-225-5322). ( 3 ) TDD/TDY at 1-888-TELL-FCC (1-888-835-5322). ( 4 ) Correspondence to: Consumer and Governmental Affairs Bureau at the FCC's main office, located at the address indicated in § 0.401(a) . ( 5 ) Visiting the Reference Information Center located at the address indicated in § 0.401(a) . ( b ) The Commission's FOIA Public Liaison is available to assist any person requesting information from the Commission in resolving any concerns related to a Freedom of Information Act request. Requesters may contact the FOIA Public Liaison to seek assistance on resolving disputes related to FOIA requests. See http://www.fcc.gov/foia/ . ( c ) The Office of Government Information Services is available to provide mediation services to help resolve disputes between FOIA requesters and Federal agencies. FOIA requesters may contact the Office of Government Information Services directly to seek its assistance. See http://ogis.archives.gov/ . ( d ) The General Counsel shall, subject to the authority of the Chairperson, exercise the responsibilities of the Chief FOIA Officer specified in 5 U.S.C. 552(j) . [ 82 FR 4188 , Jan. 13, 2017, as amended at 85 FR 64404 , Oct. 13, 2020; 88 FR 21432 , Apr. 10, 2023] § 0.442 Disclosure to other Federal government agencies of information submitted to the Commission in confidence. ( a ) The disclosure of records to other Federal government agencies is generally governed by the Paperwork Reduction Act, 44 U.S.C. 3510 , rather than the Freedom of Information Act. The acceptance of materials in confidence under § 0.457 or § 0.459 , or any other statute, rule or Commission order, does not preclude their disclosure to other federal agencies. ( b ) Information submitted to the Commission in confidence pursuant to § 0.457(c)(2) and (3) , (d) and (g) or § 0.459 , or any other statute, rule or order, may be disclosed to other agencies of the Federal government upon request or upon the Commission's own motion, provided: ( 1 ) Specific Commission assurances against such disclosure have not been given; ( 2 ) The other agency has established a legitimate need for the information; ( 3 ) Disclosure is made subject to the provisions of 44 U.S.C. 3510(b) ; and ( 4 ) Disclosure is not prohibited by the Privacy Act or other provisions of law. ( c ) The Commission's staff may give assurances against disclosure of information to other Federal agencies only with the prior written approval of the General Counsel. In no event will assurance against disclosure to other agencies be given in advance of submission of the information to the Commission if submission is required by statute or by the provisions of this chapter; but the notice provisions of paragraph (d) of this section will apply to such required submissions. ( d ) ( 1 ) Except as provided in paragraphs (d)(2) and (d)(3) of this section, a party who furnished records to the Commission with a request for confidential treatment, see § 0.459 , will be notified at the time that the request for disclosure is submitted and will be afforded ten calendar days in which to submit an opposition to disclosure. This notification may be made either individually or by public notice. ( 2 ) If the agency requesting the records provides in writing to the satisfaction of the Commission that notice to the party who furnished the records to the Commission will interfere unduly with its law enforcement, national security or homeland defense activities and further states that it will notify that party of the Commission's disclosure once the potential for such interference is eliminated, the Commission will not give notice of disclosure. ( 3 ) A party who furnished records to the Commission in confidence will not be afforded prior notice when the disclosure is made to the Comptroller General of the United States, in the Government Accountability Office. Such a party will instead be notified of disclosure of the records to the Comptroller General either individually or by public notice. ( 4 ) If disclosure is opposed and the Commission decides to make the records available to the other agency, the party who furnished the records to the Commission will be afforded ten calendar days from the date of the ruling to move for a judicial stay of the Commission's action. If the party does not move for stay within this period, the records will be disclosed. ( e ) Except as provided in paragraph (d)(3) of this section, nothing in this section is intended to govern disclosure of information to Congress or the Comptroller General. § 0.445 Publication, availability, and use of opinions, orders, policy statements, interpretations, administrative manuals, staff instructions, and frequently requested records. ( a ) Adjudicatory opinions and orders of the Commission, or its staff acting on delegated authority, are mailed or delivered by electronic means to the parties, and as part of the record, are available for inspection in accordance with § 0.453 . ( b ) Documents adopted by the Commission or a member of its staff on delegated authority and released through the Office of Media Relations are published in the FCC Record. Older materials of this nature are available in the FCC Reports. In the event that such older materials are not published in the FCC Reports, reference should be made to the Federal Register or Pike and Fischer Communications Regulation. ( c ) All rulemaking documents or summaries thereof are published in the Federal Register and are available on the Commission's Web site. The complete text of the Commission decision also is released by the Commission and is available for inspection through the Reference Information Center, via the Electronic Document Management System (EDOCS), or as otherwise specified in the rulemaking document published in the Federal Register . ( d ) Formal policy statements and interpretations designed to have general applicability are published on the Commission's Web site and in the Federal Register, the FCC Record, FCC Reports, or Pike and Fischer Communications Regulation. Commission decisions and other Commission documents not entitled formal policy statements or interpretations may contain substantive interpretations and statements regarding policy, and these are published as part of the document in the FCC Record, FCC Reports or Pike and Fischer Communications Regulation. General statements regarding policy and interpretations furnished to individuals, in correspondence or otherwise, are not ordinarily published. ( e ) Copies of all records that have been released to any person under § 0.461 and that because of the nature of their subject matter, the Commission determines have become or are likely to become the subject of subsequent requests for substantially the same records, or that have been requested three or more times, are made available in electronic format. ( f ) If the documents described in paragraphs (a) through (d) of this section are published in the Federal Register, the FCC Record, FCC Reports, or Pike and Fischer Communications Regulation, they are indexed, and they may be relied upon, used or cited as precedent by the Commission or private parties in any manner. If they are not so published, they may not be relied upon, used or cited as precedent, except against persons who have actual notice of the document in question or by such persons against the Commission. No person is expected to comply with any requirement or policy of the Commission unless he or she has actual notice of that requirement or policy or a document stating it has been published as provided in this paragraph. Nothing in this paragraph, however, shall be construed as precluding a reference to a recent document that is pending publication. ( g ) Subparts A and B of this part describe the functions of the staff and list the matters on which authority has been delegated to the staff. All general instructions to the staff and limitations upon its authority are set forth in those subparts or in decisions of the Commission published in the Federal Register. Instructions to the staff in particular matters or cases are privileged and/or protected and are not published or made available for public inspection. ( h ) To the extent required to prevent a clearly unwarranted invasion of personal privacy, or to prevent disclosure of information required or authorized to be withheld by another statute, the Commission may delete identifying details or confidential information when it makes available or publishes any document described in this section. The justification for any such deletion will be fully explained in a preamble to the document. [ 82 FR 4188 , Jan. 13, 2017, as amended at 88 FR 21432 , Apr. 10, 2023] § 0.451 Inspection of records: Generally. ( a ) Records which are routinely available for public inspection. Section 0.453 specifies those Commission records which are routinely available for public inspection and where those records may be inspected. Procedures governing requests for inspection of such records are set out in § 0.460 . ( b ) Records which are not routinely available for public inspection. Records which are not specified in § 0.453 are not routinely available for public inspection. Such records fall into three categories. ( 1 ) The first category consists of categories of records listed in § 0.457 , and of particular records withheld from public inspection under § 0.459 . The Commission has determined that there is a statutory basis for withholding these records from public inspection. In some cases, the Commission is prohibited from permitting the inspection of records. This category also includes records that are the property of another agency that the Commission has no authority to release for inspection. In still other cases, the Commission is authorized, for reason of policy, to withhold records from inspection, but is not required to do so. As applicable, procedures governing demands by competent authority for inspection of these records are set forth in § 0.463 . ( 2 ) The second category consists of records that are not specified in § 0.453 or § 0.457 and have not been withheld from inspection under § 0.459 . In some cases, these records have not been identified for listing. In other cases an individualized determination is required. Procedures governing requests for inspection of these records are set forth in § 0.461 . Procedures governing demands by competent authority for inspection of these records are set forth in § 0.463 . ( 3 ) The third category consists of material previously released consistent with the agency's rules that the agency determines is not likely to become the subject of a subsequent FOIA request or otherwise likely to be of broader public interest. ( 4 ) Except as provided in § 0.461 and § 0.463 , or pursuant to § 19.735-203 of this chapter , no officer or employee of the Commission shall permit the inspection of records which are not routinely available for public inspection under § 0.453 , or disclose information contained therein. This provision does not restrict the inspection or disclosure of records described in § 0.453(b)(3) . ( c ) Copies. Section 0.465 applies to requests for copies of Commission records which are routinely available for public inspection under § 0.453 and those which are made available for inspection under § 0.461 . Sections 0.467 and 0.465(c)(3) apply to requests for certified copies of Commission records. ( d ) Search and copying fees. Section 0.465(c)(2) prescribes the per page fee for copying records made available for inspection under § 0.460 or § 0.461 . Section 0.466 prescribes fees to cover the expense of searching for and reviewing records made available for inspection under § 0.460 or § 0.461 . Review of initial fee determinations under § 0.467 through § 0.470 and initial fee reduction or waiver determinations under § 0.470(e) may be sought under § 0.461(j) . Note to paragraph ( d ): The Commission may require advance payment pursuant to § 0.469 before releasing documents. [ 82 FR 4189 , Jan. 13, 2017] § 0.453 Public reference rooms. The Commission's main Web site at http://www.fcc.gov and its electronic reading room at http://www.fcc.gov/general/freedom-information-act-electronic-reading-room host the Commission's online public reference room. The Commission also maintains the FCC Reference Information Center at its offices in Washington, DC. ( a ) The Reference Information Center provides access to files containing the record of all docketed cases, petitions for rulemaking and related papers. A file is maintained for each docketed hearing case and for each docketed rule making proceeding. Cards summarizing the history of such cases for the years before 1984 are available for inspection. Information summarizing the history of such cases for the years from 1984 through present is available online on the Electronic Comment Filing System (ECFS). ECFS serves as the repository for official filings in the FCC's docketed proceedings from 1992 to the present. The public can use ECFS to retrieve any document in the system, including selected pre-1992 documents. ( b ) The Commission will maintain a regularly updated listing of other routinely available records in its electronic reading room at http://www.fcc.gov/general/freedom-information-act-electronic-reading-room . [ 82 FR 4189 , Jan. 13, 2017, as amended at 88 FR 21432 , Apr. 10, 2023] § 0.457 Records not routinely available for public inspection. The records listed in this section are not routinely available for public inspection pursuant to 5 U.S.C. 552(b) . The records are listed in this section by category, according to the statutory basis for withholding those records from inspection; under each category, if appropriate, the underlying policy considerations affecting the withholding and disclosure of records in that category are briefly outlined. The Commission will entertain requests from members of the public under § 0.461 for permission to inspect particular records withheld from inspection under the provisions of this section, and will weigh the policy considerations favoring non-disclosure against the reasons cited for permitting inspection in the light of the facts of the particular case. In making such requests, there may be more than one basis for withholding particular records from inspection. The Commission will permit inspection of records unless Commission staff reasonably foresees that disclosure would harm an interest protected by the exemptions described in 5 U.S.C. 552(b) or where disclosure is prohibited by law. The listing of records by category is not intended to imply the contrary but is solely for the information and assistance of persons making such requests. Requests to inspect or copy the transcripts, recordings or minutes of closed agency meetings will be considered under § 0.607 rather than under the provisions of this section. ( a ) Materials that are specifically authorized under criteria established by Executive Order (E.O.) to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive Order, 5 U.S.C. 552(b)(1) . ( 1 ) Classified materials and information will not be made available for public inspection, including materials classified under E.O. 10450, “Security Requirements for Government Employees”; E.O. 10501, as amended, “Safeguarding Official Information in the Interests of the Defense of the United States”; and E.O. 13526, “Classified National Security Information,” or any other executive order concerning the classification of records. See also 47 U.S.C. 154(j) . ( 2 ) Materials referred to another Federal agency for classification will not be disclosed while such a determination is pending. ( b ) Materials that are related solely to the internal personnel rules and practices of the Commission, 5 U.S.C. 552(b)(2) . ( c ) Materials that are specifically exempted from disclosure by statute (other than the Government in the Sunshine Act, 5 U.S.C. 552b , provided that such statute either requires that the materials be withheld from the public in such a manner as to leave no discretion on the issue, or establishes particular criteria for withholding or refers to particular types of materials to be withheld), 5 U.S.C. 552(b)(3) . The Commission is authorized under the following statutory provisions to withhold materials from public inspection. ( 1 ) Section 4(j) of the Communications Act, 47 U.S.C. 154(j) , provides, in part, that, “The Commission is authorized to withhold publication of records or proceedings containing secret information affecting the national defense.” Pursuant to that provision, it has been determined that the following materials should be withheld from public inspection ( see also paragraph (a) of this section): ( i ) Maps showing the exact location of submarine cables. ( ii ) Minutes of Commission actions on classified matters. ( iii ) Maps of nation-wide point-to-point microwave networks. ( 2 ) Under section 213 of the Communications Act, 47 U.S.C. 213(f) , the Commission is authorized to order, with the reasons therefor, that records and data pertaining to the valuation of the property of common carriers and furnished to the Commission by the carriers pursuant to the provisions of that section, shall not be available for public inspection. If such an order has been issued, the data and records will be withheld from public inspection, except under the provisions of § 0.461 . Normally, however, such data and information is available for inspection. ( 3 ) Under section 412 of the Communications Act, 47 U.S.C. 412 , the Commission may withhold from public inspection certain contracts, agreements and arrangements between common carriers relating to foreign wire or radio communication. Any person may file a petition requesting that such materials be withheld from public inspection. To support such action, the petition must show that the contract, agreement or arrangement relates to foreign wire or radio communications; that its publication would place American communication companies at a disadvantage in meeting the competition of foreign communication companies; and that the public interest would be served by keeping its terms confidential. If the Commission orders that such materials be kept confidential, they will be made available for inspection only under the provisions of § 0.461 . ( 4 ) Section 605 of the Communications Act, 47 U.S.C. 605(a) , provides, in part, that, “no person not being authorized by the sender shall intercept any communication [by wire or radio] and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communications to any person.” In executing its responsibilities, the Commission regularly monitors radio transmissions. Except as required for the enforcement of the communications laws, treaties and the provisions of this chapter, or as authorized in sec. 605, the Commission is prohibited from divulging information obtained in the course of these monitoring activities; and such information, and materials relating thereto, will not be made available for public inspection. ( 5 ) The Trade Secrets Act, 18 U.S.C. 1905 , prohibits the unauthorized disclosure of certain confidential information. See paragraph (d) of this section and § 19.735-203 of this chapter . ( d ) Trade secrets and commercial or financial information obtained from any person and privileged or confidential—categories of materials not routinely available for public inspection, 5 U.S.C. 552(b)(4) and 18 U.S.C. 1905 . ( 1 ) The materials listed in this paragraph have been accepted, or are being accepted, by the Commission on a confidential basis pursuant to 5 U.S.C. 552(b)(4) . To the extent indicated in each case, the materials are not routinely available for public inspection. If the protection afforded is sufficient, it is unnecessary for persons submitting such materials to submit therewith a request for non-disclosure pursuant to § 0.459 . A persuasive showing as to the reasons for inspection will be required in requests submitted under § 0.461 for inspection of such materials. ( i ) Financial reports submitted by radio or television licensees. ( ii ) Applications for equipment authorizations (type acceptance, type approval, certification, or advance approval of subscription television systems), and materials relating to such applications, are not routinely available for public inspection prior to the effective date of the authorization. The effective date of the authorization will, upon request, be deferred to a date no earlier than that specified by the applicant. Following the effective date of the authorization, the application and related materials (including technical specifications and test measurements) will be made available for inspection upon request ( see § 0.460 ). Portions of applications for equipment certification of scanning receivers and related materials will not be made available for inspection. ( iii ) Information submitted in connection with audits, investigations and examination of records pursuant to 47 U.S.C. 220 . ( iv ) Programming contracts between programmers and multichannel video programming distributors. ( v ) The rates, terms and conditions in any agreement between a U.S. carrier and a foreign carrier that govern the settlement of U.S.-international traffic, including the method for allocating return traffic, except as otherwise specified by the Commission by order or by the Office of International Affairs under delegated authority. See, e.g., International Settlements Policy Reform, IB Docket Nos. 11-80, 05-254, 09-10, RM-11322, Report and Order, FCC 12-145 (rel. Nov. 29, 2012). ( vi ) Outage reports filed under part 4 of this chapter . ( vii ) The following records, relating to coordination of satellite systems pursuant to procedures codified in the International Telecommunication Union (ITU) Radio Regulations: ( A ) Records of communications between the Commission and the ITU related to the international coordination process, and ( B ) Documents prepared in connection with coordination, notification, and recording of frequency assignments and Plan modifications, including but not limited to minutes of meetings, supporting exhibits, supporting correspondence, and documents and correspondence prepared in connection with operator-to-operator arrangements. ( viii ) Information submitted with a 911 reliability certification pursuant to 47 CFR 12.4 that consists of descriptions and documentation of alternative measures to mitigate the risks of nonconformance with certification elements, information detailing specific corrective actions taken with respect to certification elements, or supplemental information requested by the Commission with respect to such certification. ( ix ) Confidential Broadcaster Information, as defined in § 1.2206(d) of this chapter , submitted by a broadcast television licensee in a broadcast television spectrum reverse auction conducted under section 6403 of the Middle Class Tax Relief and Job Creation Act of 2012 ( Pub. L. 112-96 ) (the “Spectrum Act”), or in the application to participate in such a reverse auction, is not routinely available for public inspection until the reassignments and reallocations under section 6403(b)(1)(B) of the Spectrum Act become effective or until two years after public notice that the reverse auction is complete and that no such reassignments and reallocations shall become effective. In the event that reassignments and reallocations under section 6403(b)(1)(B) of the Spectrum Act become effective, Confidential Broadcaster Information pertaining to any unsuccessful reverse auction bid or pertaining to any unsuccessful application to participate in such a reverse auction will not be routinely available for public inspection until two years after the effective date. ( x ) Copyrighted materials the release of which would have a substantial adverse effect on the copyright holder's potential market, except to the extent such a release can be considered fair use. ( xi ) Lists and updates of U.S.-international routes for which a carrier has an arrangement with a foreign carrier for direct termination in the foreign destination provided pursuant to § 63.22(h) of this chapter . Note to paragraph ( d )(1): The content of the communications described in paragraph (d)(1)(vii)(A) of this section is in some circumstances separately available through the ITU's publication process, or through records available in connection with the Commission's licensing procedures. ( 2 ) Unless the materials to be submitted are listed in paragraph (d)(1) of this section and the protection thereby afforded is adequate, any person who submits materials which he or she wishes withheld from public inspection under 5 U.S.C. 552(b)(4) must submit a request for non-disclosure pursuant to § 0.459 . If it is shown in the request that the materials contain trade secrets or privileged or confidential commercial, financial or technical data, the materials will not be made routinely available for inspection; and a persuasive showing as to the reasons for inspection will be required in requests for inspection submitted under § 0.461 . In the absence of a request for non-disclosure, the Commission may, in the unusual instance, determine on its own motion that the materials should not be routinely available for public inspection. ( e ) Interagency and intra-agency memoranda or letters, 5 U.S.C. 552(b)(5) . Interagency and intra-agency memoranda or letters and the work papers of members of the Commission or its staff will not be made available for public inspection, except in accordance with the procedures set forth in § 0.461 . Normally such papers are privileged and not available to private parties through the discovery process, because their disclosure would tend to restrain the commitment of ideas to writing, would tend to inhibit communication among Government personnel, and would, in some cases, involve premature disclosure of their contents. The Commission will not use this deliberative process exemption to withhold records created 25 years or more before the date on which the request was received. ( f ) Personnel, medical and other files whose disclosure would constitute a clearly unwarranted invasion of personal privacy, 5 U.S.C. 552(b)(6) . Under E.O. 12107, the Commission maintains an Official Personnel Folder for each of its employees. Such folders are under the jurisdiction and control, and are a part of the records, of the U.S. Office of Personnel Management. Except as provided in the rules of the Office of Personnel Management ( 5 CFR 293.311 ), such folders will not be made available for public inspection by the Commission. In addition, other records of the Commission containing private, personal or financial information will be withheld from public inspection. ( g ) Under 5 U.S.C. 552(b)(7) , records compiled for law enforcement purposes, to the extent that production of such records: ( 1 ) Could reasonably be expected to interfere with enforcement proceedings; ( 2 ) Would deprive a person of a right to fair trial or an impartial adjudication; ( 3 ) Could reasonably be expected to constitute an unwarranted invasion of personal privacy; ( 4 ) Could reasonably be expected to disclose the identity of a confidential source; ( 5 ) Would disclose investigative techniques or procedures or would disclose investigative guidelines if such disclosure could reasonably be expected to risk circumvention of the law; or ( 6 ) Could reasonably be expected to endanger the life or physical safety of any individual. [ 82 FR 4189 , Jan. 13, 2017, as amended at 82 FR 55331 , Nov. 21, 2017; 88 FR 21432 , Apr. 10, 2023] § 0.458 Nonpublic information. Any person regulated by or practicing before the Commission coming into possession of written nonpublic information (including written material transmitted in electronic form) as described in § 19.735-203(a) of this chapter under circumstances where it appears that its release was inadvertent or otherwise unauthorized shall be obligated to and shall promptly return the information to the Commission's Office of Inspector General without further distribution or use. See 47 CFR 19.735-203 . § 0.459 Requests that materials or information submitted to the Commission be withheld from public inspection. ( a ) ( 1 ) Procedures applicable to filings in non-electronic proceedings. Any person submitting information or materials to the Commission may submit therewith a request that such information not be made routinely available for public inspection. (If the materials are specifically listed in § 0.457 , such a request is unnecessary.) A copy of the request shall be attached to and shall cover all of the materials to which it applies and all copies of those materials. If feasible, the materials to which the request applies shall be physically separated from any materials to which the request does not apply; if this is not feasible, the portion of the materials to which the request applies shall be identified. In the latter circumstance, where confidential treatment is sought only for a portion of a document, the person submitting the document shall submit a redacted version for the public file. ( 2 ) Procedures applicable to filings in electronic proceedings. In proceedings to which the electronic filing requirements set forth in § 1.49(f) of this chapter apply, a party seeking confidential treatment of a portion of a filing must submit in electronic format either a redacted version of the document or an affidavit that it is impossible to submit a redacted document consistent with the filing requirements of this section. Where a party demonstrates that even the fact of a filing must remain confidential, and that this is consistent with the requirements of this section, this affidavit may be filed in paper format under seal. ( 3 ) Comments and other materials may not be submitted by means of the Commission's Electronic Comment Filing System (ECFS) with a request for confidential treatment under this section. ( 4 ) The Commission may use abbreviated means for indicating that the submitter of a record seeks confidential treatment, such as a checkbox enabling the submitter to indicate that the record is confidential. However, upon receipt of a request for inspection of such records pursuant to § 0.461 , the submitter will be notified of such request pursuant to § 0.461(d)(3) and will be requested to justify the confidential treatment of the record, as set forth in paragraph (b) of this section. ( b ) Except as provided in § 0.459(a)(3) , each such request shall contain a statement of the reasons for withholding the materials from inspection (see § 0.457 ) and of the facts upon which those records are based, including: ( 1 ) Identification of the specific information for which confidential treatment is sought; ( 2 ) Identification of the Commission proceeding in which the information was submitted or a description of the circumstances giving rise to the submission; ( 3 ) Explanation of the degree to which the information is commercial or financial, or contains a trade secret or is privileged; ( 4 ) Explanation of the degree to which the information concerns a service that is subject to competition; ( 5 ) Explanation of how disclosure of the information could result in substantial competitive harm; ( 6 ) Identification of any measures taken by the submitting party to prevent unauthorized disclosure; ( 7 ) Identification of whether the information is available to the public and the extent of any previous disclosure of the information to third parties; ( 8 ) Justification of the period during which the submitting party asserts that material should not be available for public disclosure; and ( 9 ) Any other information that the party seeking confidential treatment believes may be useful in assessing whether its request for confidentiality should be granted. ( c ) Casual requests (including simply stamping pages “confidential”) which do not comply with the requirements of paragraphs (a) and (b) of this section will not be considered. ( d ) ( 1 ) If a response in opposition to a confidentiality request is filed, the party requesting confidentiality may file a reply within ten business days. All responses or replies filed under this paragraph must be served on all parties. ( 2 ) Requests which comply with the requirements of paragraphs (a) and (b) of this section will be acted upon by the appropriate custodian of records (see § 0.461(d)(1) ), who is directed to grant the request if it demonstrates by a preponderance of the evidence that non-disclosure is consistent with the provisions of the Freedom of Information Act, 5 U.S.C. 552 . If the request for confidentiality is granted, the ruling will be placed in the public file in lieu of the materials withheld from public inspection. ( 3 ) The Commission may defer acting on requests that materials or information submitted to the Commission be withheld from public inspection until a request for inspection has been made pursuant to § 0.460 or § 0.461 . The information will be accorded confidential treatment, as provided for in § 0.459(g) and § 0.461 , until the Commission acts on the confidentiality request and all subsequent appeal and stay proceedings have been exhausted. ( e ) If the materials are submitted voluntarily ( i.e. , absent any requirement by statute, regulation, or the Commission), the person submitting them may request the Commission to return the materials without consideration if the request for confidentiality should be denied. In that event, the materials will ordinarily be returned (e.g., an application will be returned if it cannot be considered on a confidential basis). Only in the unusual instance where the public interest so requires will the materials be made available for public inspection. However, no materials submitted with a request for confidentiality will be returned if a request for inspection has been filed under § 0.461 . If submission of the materials is required by the Commission and the request for confidentiality is denied, the materials will be made available for public inspection once the period for review of the denial has passed. ( f ) If no request for confidentiality is submitted, the Commission assumes no obligation to consider the need for non-disclosure but, in the unusual instance, may determine on its own motion that the materials should be withheld from public inspection. See § 0.457(d) . ( g ) If a request for confidentiality is denied, the person who submitted the request may, within ten business days, file an application for review by the Commission. If the application for review is denied, the person who submitted the request will be afforded ten business days in which to seek a judicial stay of the ruling. If these periods expire without action by the person who submitted the request, the materials will be returned to the person who submitted them or will be placed in a public file. Notice of denial and of the time for seeking review or a judicial stay will be given by telephone, with follow-up notice in writing. The first day to be counted in computing the time periods established in this paragraph is the day after the date of oral notice. Materials will be accorded confidential treatment, as provided in § 0.459(g) and § 0.461 , until the Commission acts on any timely applications for review of an order denying a request for confidentiality, and until a court acts on any timely motion for stay of such an order denying confidential treatment. ( h ) If the request for confidentiality is granted, the status of the materials is the same as that of materials listed in § 0.457 . Any person wishing to inspect them may submit a request for inspection under § 0.461 . ( i ) Third party owners of materials submitted to the Commission by another party may participate in the proceeding resolving the confidentiality of the materials. [ 74 FR 14078 , Mar. 30, 2009, as amended at 76 FR 24389 , May 2, 2011] § 0.460 Requests for inspection of records which are routinely available for public inspection. ( a ) Section 0.453 specifies those Commission records which are routinely available for public inspection and the places at which those records may be inspected. Subject to the limitations set out in this section, a person who wants to inspect such records must submit a request to the Reference Information Center. Many records also are available on the Commission's website, https://www.fcc.gov and the Commission's electronic reading room, https://www.fcc.gov/general/freedom-information-act-electronic-reading-room . Commission documents are generally published in the FCC Record, and many of these documents or summaries thereof are also published in the Federal Register . ( b ) Arrangements to review records must be made in advance, by telephone or by correspondence, by contacting the Reference Information Center. ( c ) The records in question must be reasonably described by the person requesting them to permit their location by staff personnel. The information needed to locate the records will vary, depending on the records requested. Advice concerning the kind of information needed to locate particular records will be furnished in advance upon request. Members of the public will not be given access to the area in which records are kept and will not be permitted to search the files. ( d ) If it appears that there will be an appreciable delay in locating or producing the records (as where a large number of documents is the subject of a single request or where an extended search for a document appears to be necessary), the requester may be directed to submit or confirm the request in writing. ( e ) ( 1 ) Written requests for records routinely available for public inspection under § 0.453 shall be directed to the Commission's Reference Information Center pursuant to the procedures set forth in § 0.465 . Requests shall set out all information known to the person making the request which would be helpful in identifying and locating the document, including the date range of the records sought, if applicable. Upon request by Commission staff, the requester shall provide his or her street address, phone number (if any), and email address (if any). Written requests shall, in addition, specify the maximum search fee the person making the request is prepared to pay ( see § 0.467 ). ( 2 ) Written requests shall be delivered or mailed directly to the Commission's Reference Information Center ( see § 0.465(a) ). ( f ) When a written request is received by the Reference Information Center, it will be date-stamped. ( g ) All requests limited to records listed in § 0.453 will be granted, subject to paragraph (j) of this section. ( h ) The records will be produced for inspection at the earliest possible time. ( i ) If the requester is provided access to a physical copy, records shall be inspected within 7 days after notice is given that they have been located and are available for inspection. After that period, they will be returned to storage and additional charges may be imposed for again producing them. ( j ) In addition to the other requirements of this section, the following provisions apply to the reports filed with the Commission pursuant to 5 CFR parts 2634 and 3902 . ( 1 ) Such reports shall not be obtained or used: ( i ) For any unlawful purpose; ( ii ) For any commercial purpose, other than by news and communications media for dissemination to the general public; ( iii ) For determining or establishing the credit rating of any individual; or ( iv ) For use, directly or indirectly, in the solicitation of money for any political, charitable, or other purpose. ( 2 ) Such reports may not be made available to any person nor may any copy thereof be provided to any person except upon a written application by such person stating: ( i ) That person's name, occupation and address; ( ii ) The name and address of any other person or organization on whose behalf the inspection or copying is requested; and ( iii ) That such person is aware of the prohibitions on the obtaining or use of the report. Further, any such application for inspection shall be made available to the public throughout the period during which the report itself is made available to the public. [ 88 FR 21432 , Apr. 10, 2023] § 0.461 Requests for inspection of materials not routinely available for public inspection. Any person desiring to inspect Commission records that are not specified in § 0.453 shall file a request for inspection meeting the requirements of this section. The FOIA Public Liaison is available to assist persons seeking records under this section. See § 0.441(a) . ( a ) ( 1 ) Records include: ( i ) Any information that would be an agency record subject to the requirements of the Freedom of Information Act when maintained by the Commission in any format, including an electronic format; and ( ii ) Any information maintained for the Commission by an entity under Government contract. ( 2 ) The records in question must be reasonably described by the person requesting them to permit personnel to locate them with a reasonable amount of effort. Whenever possible, a request should include specific information about each record sought, such as the title or name, author, recipient, and subject matter of the record. Requests must also specify the date or time period for the records sought. The custodian of records sought may contact the requester to obtain further information about the records sought to assist in locating them. ( 3 ) The person requesting records under this section may specify the form or format of the records to be produced provided that the records may be made readily reproducible in the requested form or format. ( b ) ( 1 ) Requests shall reasonably describe, for each document requested ( see § 0.461(a)(1) ), all information known to the person making the request that would be helpful in identifying and locating the document, including the date range of the records sought, if applicable, and the persons/offices to be searched, if known. Upon request by Commission staff, the requester shall provide his or her street address, phone number (if any), and email address (if any). ( 2 ) The request shall, in addition, specify the maximum search fee the person making the request is prepared to pay or a request for waiver or reduction of fees if the requester is eligible ( see § 0.470(e) ). By filing a FOIA request, the requester agrees to pay all applicable fees charged under § 0.467 , unless the person making the request seeks a waiver of fees ( see § 0.470(e) ), in which case the Commission will rule on the waiver request before proceeding with the search. ( c ) If the records are of the kinds listed in § 0.457 or if they have been withheld from inspection under § 0.459 , the request shall, in addition, contain a statement of the reasons for inspection and the facts in support thereof. In the case of other materials, no such statement need accompany the request, but the custodian of the records may require the submission of such a statement if he or she determines that the materials in question may lawfully be withheld from inspection. ( d ) ( 1 ) Requests shall be: ( i ) Filed electronically through the internet at https://www.foiaonline.gov/foiaonline/action/public/home ; or ( ii ) Delivered or mailed to the Managing Director at the address indicated in § 0.401(a) , Attn: FOIA Request. ( 2 ) For purposes of this section, the custodian of the records is the Chief of the Bureau or Office where the records are located. The Chief of the Bureau or Office may designate an appropriate person to act on a FOIA request. The Chief of the Bureau or Office may also designate an appropriate person to sign the response to any FOIA request. See § 0.461(m) . ( 3 ) If the request is for materials submitted to the Commission by third parties and not open to routine public inspection under § 0.457(d) , § 0.459 , or another Commission rule or order, or if a request for confidentiality is pending pursuant to § 0.459 , or if the custodian of records has reason to believe that the information may contain confidential commercial information, one copy of the request will be provided by the custodian of the records ( see paragraph (e) of this section) to the person who originally submitted the materials to the Commission. If there are many persons who originally submitted the records and are entitled to notice under this paragraph, the custodian of records may use a public notice to notify the submitters of the request for inspection. The submitter or submitters will be given ten calendar days to respond to the FOIA request. See § 0.459(d)(1) . If a submitter has any objection to disclosure, he or she is required to submit a detailed written statement specifying all grounds for withholding any portion of the information ( see § 0.459 ). This response shall be served on the party seeking to inspect the records. The requester may submit a reply within ten calendar days unless a different period is specified by the custodian of records. The reply shall be served on all parties that filed a response. In the event that a submitter fails to respond within the time specified, the submitter will be considered to have no objection to disclosure of the information. Note to paragraph ( d )(3): Under the ex parte rules, § 1.1206(a)(7) of this chapter , a proceeding involving a FOIA request is a permit-but-disclose proceeding, but is subject to the special service rules in this paragraph. We also note that while the FOIA request itself is a permit-but-disclose proceeding, a pleading in a FOIA proceeding may also constitute a presentation in another proceeding if it addresses the merits of that proceeding. ( e ) ( 1 ) When the request is received by the Managing Director, it will be assigned to the Freedom of Information Act (FOIA) Control Office, where it will be entered into the FOIAonline system. The request will be reviewed and, if it is determined that the request meets all the requirements of a proper FOIA request, will be designated as perfected. A FOIA request is then considered properly received. This will occur no later than ten calendar days after the request is first received by the agency. ( 2 ) ( i ) Except for the purpose of making a determination regarding expedited processing under paragraph (h) of this section, the time for processing a request for inspection of records will be tolled ( A ) While the custodian of records seeks reasonable clarification of the request; ( B ) Until clarification with the requester of issues regarding fee assessment occurs, including: ( 1 ) Where the amount of fees authorized is less than the estimated cost for completing the production; ( 2 ) Following the denial of a fee waiver, unless the requester had provided a written statement agreeing to pay the fees if the fee waiver was denied; ( 3 ) Where advance payment is required pursuant to § 0.469 and has not been made. ( ii ) Only one Commission request for information shall be deemed to toll the time for processing a request for inspection of records under paragraph (e)(2)(i)(A) of this section. Such request must be made no later than ten calendar days after a request is properly received by the custodian of records under paragraph (e)(1) of this section. ( 3 ) The FOIA Control Office will send an acknowledgement to the requester notifying the requester of the control number assigned to the request, the due date of the response, and the telephone contact number (202-418-0440) to be used by the requester to obtain the status of the request. Requesters may also obtain the status of an FOIA request via email at foia-public-liaison@fcc.gov or by viewing their request at http://foiaonline.regulations.gov/ . ( 4 ) Multiple FOIA requests by the same or different FOIA requesters may be consolidated for disposition. See also § 0.470(b)(2) . ( f ) Requests for inspection of records will be acted on as follows by the custodian of the records. ( 1 ) If the Commission is prohibited from disclosing the records in question, the request for inspection will be denied with a statement setting forth the specific grounds for denial. ( 2 ) ( i ) If records in the possession of the Commission are the property of another agency, the request will be referred to that agency and the person who submitted the request will be so advised, with the reasons for referral. ( ii ) If it is determined that the FOIA request seeks only records of another agency or department, the FOIA requester will be so informed by the FOIA Control Officer and will be directed to the correct agency or department. ( iii ) If the records in the possession of the Commission involve the equities of another agency, the Commission will consult with that agency prior to releasing the records. ( 3 ) If it is determined that the Commission does not have authority to withhold the records from public inspection, the request will be granted. ( 4 ) If it is determined that the Commission has authority to withhold the records from public inspection, the considerations favoring disclosure and non-disclosure will be weighed in light of the facts presented, and the Commission may, at its discretion, grant the request in full or in part, or deny the request. ( 5 ) If there is a statutory basis for withholding part of a document from inspection, to the extent that portion is reasonably segregable, that part will be deleted and the remainder will be made available for inspection. Unless doing so would harm an interest protected by an applicable exemption, records disclosed in part shall be marked or annotated, if technically feasible, to show the amount of information deleted, the location of the information deleted, and the exemption under which the deletion is made. ( 6 ) In locating and recovering records responsive to an FOIA request, only those records within the Commission's possession and control as of the date a request is perfected shall be considered. ( g ) ( 1 ) The custodian of the records will make every effort to act on the request within twenty business days after it is received and perfected by the FOIA Control Office. However, if a request for clarification has been made under paragraph (e)(2)(i)(A) of this section or an issue is outstanding regarding the payment of fees for processing the FOIA request is pending under paragraph (e)(2)(i)(B) of this section, the counting of time will start upon resolution of these requests. If it is not possible to locate the records and to determine whether they should be made available for inspection within twenty business days, the custodian may, upon timely notice to the requester, extend the time for action by up to ten business days, in any of the following circumstances: ( i ) It is necessary to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. ( ii ) It is necessary to search for, collect and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or ( iii ) It is necessary to consult with another agency having a substantial interest in the determination of the request, or among two or more components of the Commission having substantial subject matter interest therein. ( 2 ) The custodian of the records will notify the requester in writing of any extension of time exercised pursuant to paragraph (g) of this section. The custodian of the records may also call the requester to extend the time provided a subsequent written confirmation is provided. If it is not possible to locate the records and make the determination within the extended period, the person or persons who made the request will be provided an opportunity to limit the scope of the request so that it may be processed within the extended time limit, or an opportunity to arrange an alternative time frame for processing the request or a modified request, and asked to consent to an extension or further extension. If the requester agrees to an extension, the custodian of the records will confirm the agreement in a letter or email specifying the length of the agreed-upon extension. If he or she does not agree to an extension, the request will be denied, on the grounds that the custodian has not been able to locate the records and/or to make the determination within the period for a ruling mandated by the Freedom of Information Act, 5 U.S.C. 552 . In that event, the custodian will provide the requester with the records, if any, that could be located and produced within the allotted time. The requester may file an application for review by the Commission. ( 3 ) If the custodian of the records grants a request for inspection of records submitted to the Commission in confidence under § 0.457(d) , § 0.459 , or some other Commission rule or order, the custodian of the records will give the submitter written notice of the decision and of the submitter's right to seek review pursuant to paragraph (i) of this section. ( h ) ( 1 ) Requesters who seek expedited processing of FOIA requests shall submit such requests, along with their FOIA requests, to the Managing Director, as described in paragraph (d) of this section. ( 2 ) Expedited processing shall be granted to a requester demonstrating a compelling need that is certified by the requester to be true and correct to the best of his or her knowledge and belief. Simply stating that the request should be expedited is not a sufficient basis to obtain expedited processing. ( 3 ) For purposes of this section, compelling need means— ( i ) That failure to obtain requested records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or ( ii ) With respect to a request made by a person primarily engaged in disseminating information, there is an urgency to inform the public concerning actual or alleged Federal Government activity. ( 4 ) ( i ) Notice of the determination whether to grant expedited processing shall be provided to the requester by the custodian of records within ten calendar days after receipt of the request by the FOIA Control Office. Once the determination has been made to grant expedited processing, the custodian shall process the FOIA request as soon as practicable. ( ii ) If a request for expedited processing is denied, the person seeking expedited processing may file an application for review within five business days after the date of the written denial. The application for review shall be delivered or mailed to the General Counsel. (For general procedures relating to applications for review, see § 1.115 of this chapter .) The Commission shall act expeditiously on the application for review, and shall notify the custodian of records and the requester of the disposition of such an application for review. ( i ) ( 1 ) If a request for inspection of records submitted to the Commission in confidence under § 0.457(d) , § 0.459 , or another Commission rule or order is granted in whole or in part, an application for review may be filed by the person who submitted the records to the Commission, by a third party owner of the records or by a person with a personal privacy interest in the records, or by the person who filed the request for inspection of records within the ten business days after the date of the written ruling. The application for review shall be filed within ten business days after the date of the written ruling, shall be delivered or mailed to the General Counsel, or sent via email to FOIA-Appeal@fcc.gov , and shall be served on the person who filed the request for inspection of records and any other parties to the proceeding. The person who filed the request for inspection of records may respond to the application for review within ten business days after it is filed. ( 2 ) The first day to be counted in computing the time period for filing the application for review is the day after the date of the written ruling. An application for review is considered filed when it is received by the Commission. If an application for review is not filed within this period, the records will be produced for inspection. ( 3 ) If an application for review is denied, the person filing the application for review will be notified in writing and advised of his or her rights. A denial of an application for review is not subject to a petition for reconsideration under § 1.106 of this chapter . ( 4 ) If an application for review filed by the person who submitted, owns, or has a personal privacy interest in the records to the Commission is denied, or if the records are made available on review which were not initially made available, the person will be afforded ten business days from the date of the written ruling in which to move for a judicial stay of the Commission's action. The first day to be counted in computing the time period for seeking a judicial stay is the day after the date of the written ruling. If a motion for stay is not made within this period, the records will be produced for inspection. ( j ) Except as provided in paragraph (i) of this section, an application for review of an initial action on a request for inspection of records, a fee determination ( see § 0.467 through § 0.470 ), or a fee reduction or waiver decision ( see § 0.470(e) ) may be filed only by the person who made the request. The application shall be filed within 90 calendar days after the date of the written ruling by the custodian of records. An application for review is considered filed when it is received by the Commission. The application shall be delivered or mailed to the General Counsel, or sent via email to FOIA-Appeal@fcc.gov . If the proceeding involves records subject to confidential treatment under § 0.457 or § 0.459 , or involves a person with an interest as described in § 0.461(i) , the application for review shall be served on such persons. That person may file a response within 14 calendar days after the application for review is filed. If the records are made available for review, the person who submitted them to the Commission will be afforded 14 calendar days after the date of the written ruling to seek a judicial stay. See paragraph (i) of this section. The first day to be counted in computing the time period for filing the application for review or seeking a judicial stay is the day after the date of the written ruling. Note to paragraphs ( i ) and ( j ): The General Counsel may review applications for review with the custodian of records and attempt to informally resolve outstanding issues with the consent of the requester. For general procedures relating to applications for review, see § 1.115 of this chapter . ( k ) ( 1 ) ( i ) The Commission will make every effort to act on an application for review of an action on a request for inspection of records within twenty business days after it is filed. In the following circumstances and to the extent time has not been extended under paragraphs (g)(1)(i) , (ii) , or (iii) of this section, the Commission may extend the time for acting on the application for review up to ten business days. (The total period of extensions taken under this paragraph and under paragraph (g) of this section without the consent of the person who submitted the request shall not exceed ten business days.): ( A ) It is necessary to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; ( B ) It is necessary to search for, collect and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or ( C ) It is necessary to consult with another agency having a substantial interest in the determination of the request or among two or more components of the Commission having substantial subject matter interest therein. ( ii ) If these circumstances are not present, the person who made the request may be asked to consent to an extension or further extension. If the requester or person who made the request agrees to an extension, the General Counsel will confirm the agreement in a letter specifying the length of the agreed-upon extension. If the requestor or person who made the request does not agree to an extension, the Commission will continue to search for and/or assess the records and will advise the person who made the request of further developments; but that person may file a complaint in an appropriate United States district court. ( 2 ) The Commission may at its discretion or upon request consolidate for consideration related applications for review filed under paragraph (i) or (j) of this section. ( l ) ( 1 ) Subject to the application for review and judicial stay provisions of paragraphs (i) and (j) of this section, if the request is granted, the records will be produced for inspection at the earliest possible time. ( 2 ) If a request for inspection of records becomes the subject of an action for judicial review before the custodian of records has acted on the request, or before the Commission has acted on an application for review, the Commission may continue to consider the request for production of records. ( m ) Staff orders and letters ruling on requests for inspection are signed by the official (or officials) who give final approval of their contents. Decisions of the Commission ruling on applications for review will set forth the names of the Commissioners participating in the decision. [ 82 FR 4192 , Jan. 13, 2017, as amended at 85 FR 64405 , Oct. 13, 2020; 88 FR 21433 , Apr. 10, 2023] § 0.463 Disclosure of Commission records and information in legal proceedings in which the Commission is a non-party. ( a ) This section sets forth procedures to be followed with respect to the production or disclosure of any material within the custody and control of the Commission, any information relating to such material, or any information acquired by any person while employed by the Commission as part of the person's official duties or because of the person's official status. ( b ) In the event that a demand is made by a court or other competent authority outside the Commission for the production of records or testimony (e.g., a subpoena, order, or other demand), the General Counsel shall promptly be advised of such demand, the nature of the records or testimony sought, and all other relevant facts and circumstances. The General Counsel, in consultation with the Managing Director, will thereupon issue such instructions as he or she may deem advisable consistent with this subpart. ( c ) A party in a court or administrative legal proceeding in which the Commission is a non-party who wishes to obtain records or testimony from the Commission shall submit a written request to the General Counsel. Such request must be accompanied by a statement setting forth the nature of the proceeding (including any relevant supporting documentation, e.g., a copy of the Complaint), the relevance of the records or testimony to the proceeding (including a proffer concerning the anticipated scope and duration of the testimony), a showing that other evidence reasonably suited to the requester's needs is not available from any other source (including a request submitted pursuant to § 0.460 or § 0.461 of the Commission's rules), and any other information that may be relevant to the Commission's consideration of the request for records or testimony. The purpose of the foregoing requirements is to assist the General Counsel in making an informed decision regarding whether the production of records or the testimony should be authorized. ( d ) In deciding whether to authorize the release of records or to permit the testimony of present or former Commission personnel, the General Counsel, in consultation with the Managing Director, shall consider the following factors: ( 1 ) Whether the request or demand would involve the Commission in issues or controversies unrelated to the Commission's mission; ( 2 ) Whether the request or demand is unduly burdensome; ( 3 ) Whether the time and money of the Commission and/or the United States would be used for private purposes; ( 4 ) The extent to which the time of employees for conducting official business would be compromised; ( 5 ) Whether the public might misconstrue variances between personal opinions of employees and Commission policy; ( 6 ) Whether the request or demand demonstrates that the records or testimony sought are relevant and material to the underlying proceeding, unavailable from other sources, and whether the request is reasonable in its scope; ( 7 ) Whether, if the request or demand were granted, the number of similar requests would have a cumulative effect on the expenditure of Commission resources; ( 8 ) Whether the requestor has agreed to pay search and review fees as set forth in § 0.467 of this subpart ; ( 9 ) Whether disclosure of the records or the testimony sought would otherwise be inappropriate under the circumstances; and ( 10 ) Any other factor that is appropriate. ( e ) Among those demands and requests in response to which compliance will not ordinarily be authorized are those with respect to which any of the following factors exist: ( 1 ) Disclosure of the records or the testimony would violate a statute, Executive Order, rule, or regulation; ( 2 ) The integrity of the administrative and deliberative processes of the Commission would be compromised; ( 3 ) Disclosure of the records or the testimony would not be appropriate under the rules of procedure governing the case or matter in which the demand arose; ( 4 ) Disclosure of the records, including release in camera , or the testimony, is not appropriate or required under the relevant substantive law concerning privilege; ( 5 ) Disclosure of the records, except when in camera and necessary to assert a claim of privilege, or of the testimony, would reveal information properly classified or other matters exempt from unrestricted disclosure; or ( 6 ) Disclosure of the records or the testimony could interfere with ongoing Commission enforcement proceedings or other legal or administrative proceedings, compromise constitutional rights, reveal the identity of an intelligence source or confidential informant, or disclose trade secrets or similarly confidential commercial or financial information. ( f ) The General Counsel, following consultation with the Managing Director and any relevant Commission Bureau or Office, is authorized to approve non-privileged testimony by a present or former employee of the Commission or the production of non-privileged records in response to a valid demand issued by competent legal authority, or a request for records or testimony received under this section, and to assert governmental privileges on behalf of the Commission in litigation that may be associated with any such demand or request. ( g ) Any employee or former employee of the Commission who receives a demand for records of the Commission or testimony regarding the records or activities of the Commission shall promptly notify the General Counsel so that the General Counsel may take appropriate steps to protect the Commission's rights. (Secs. 4(i), 303(r), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(r) ; 5 U.S.C. 301 ; 47 CFR 0.231(d) ) § 0.465 Request for copies of materials which are available, or made available, for public inspection. ( a ) The Commission may award a contract to a commercial duplication firm to make copies of Commission records and offer them for sale to the public. In addition to the charge for copying, the contractor may charge a search fee for locating and retrieving the requested documents from the Commission's files. Note to paragraph ( a ): The name, address, telephone number, and schedule of fees for the current copy contractor, if any, are published at the time of contract award of renewal in a public notice and periodically thereafter. Current information is available at http://www.fcc.gov/foia and http://www.fcc.gov/consumer-governmental-affairs . Questions regarding this information should be directed to the Reference Information Center of the Consumer and Governmental Affairs Bureau at 202-418-0270. ( b ) ( 1 ) Records routinely available for public inspection under § 0.453 are available to the public through the Commission's Reference Information Center. Section 0.461 does not apply to such records. ( 2 ) Audio or video recordings or transcripts of Commission proceedings are available to the public through the Commission's Reference Information Center. In some cases, only some of these formats may be available. ( c ) ( 1 ) Contractual arrangements which have been entered into with commercial firms, as described in this section, do not in any way limit the right of the public to inspect Commission records or to retrieve whatever information may be desired. Coin-operated and debit card copy machines are available for use by the public. ( 2 ) The Commission has reserved the right to make copies of its records for its own use or for the use of other agencies of the U.S. Government. When it serves the regulatory or financial interests of the U.S. Government, the Commission will make and furnish copies of its records free of charge. In other circumstances, however, if it should be necessary for the Commission to make and furnish copies of its records for the use of others, the fee for this service shall be ten cents ($0.10) per page or $5 per computer disk in addition to charges for staff time as provided in § 0.467 . For copies prepared with other media, such as thumb drives or other portable electronic storage, the charge will be the actual direct cost including operator time. Requests for copying should be accompanied by a statement specifying the maximum copying fee the person making the request is prepared to pay. If the Commission estimates that copying charges are likely to exceed the greater of $25 or the amount which the requester has indicated that he/she is prepared to pay, then it shall notify the requester of the estimated amount of fees. Such a notice shall offer the requester the opportunity to confer with Commission personnel with the object of revising or clarifying the request. Note to paragraph ( c )(2): The criterion considered in acting on a waiver request is whether “waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public.” 5 U.S.C. 552(a)(4)(A) . A request for a waiver or reduction of fees will be decided by the General Counsel as set forth in § 0.470(e) . ( 3 ) Certified documents. Copies of documents which are available or made available, for inspection under §§ 0.451 through 0.465 , will be prepared and certified, under seal, by the Secretary or his or her designee. Requests shall be in writing, specifying the exact documents, the number of copies desired, and the date on which they will be required. The request shall allow a reasonable time for the preparation and certification of copies. The fee for preparing copies shall be the same as that charged by the Commission as described in paragraph (c)(2) of this section. The fee for certification shall be $10 for each document. ( d ) ( 1 ) Computer maintained databases produced by the Commission and routinely available to the public ( see § 0.453 ) may be obtained from the FCC's Web site at http://www.fcc.gov or if unavailable on the Commission's Web site, from the Reference Information Center. ( 2 ) Copies of computer generated data stored as paper printouts or electronic media and available to the public may also be obtained from the Commission's Reference Information Center ( see paragraph (a) of this section). ( 3 ) Copies of computer source programs and associated documentation produced by the Commission and available to the public may be obtained from the Office of the Managing Director. ( e ) This section does not apply to records available on the Commission's Web site, http://www.fcc.gov , or printed publications which may be purchased from the Superintendent of Documents or private firms ( see §§ 0.411 through 0.420 ), nor does it apply to application forms or information bulletins, which are prepared for the use and information of the public and are available upon request ( see §§ 0.421 and 0.423 ) or on the Commission's Web site, http://www.fcc.gov/formpage.html . [ 82 FR 4195 , Jan. 13, 2017] § 0.466 Definitions. ( a ) For the purpose of §§ 0.467 and 0.468 , the following definitions shall apply: ( 1 ) The term direct costs means those expenditures which the Commission actually incurs in searching for and duplicating (and in case of commercial requesters, reviewing) documents to respond to a FOIA request. Direct costs include the salary of the employee performing the work (the basic rate of pay for the employee plus twenty percent of that rate to cover benefits), and the cost of operating duplicating machinery. Not included in direct costs are overhead expenses, such as costs of space, and heating or lighting the facility in which the records are stored. ( 2 ) The term search includes all time spent looking for material that is responsive to a request, including page-by-page or line-by-line identification of material contained within documents. Such activity should be distinguished, however, from “review” of material in order to determine whether the material is exempt from disclosure ( see paragraph (a)(3) of this section). ( 3 ) The term review refers to the process of examining documents located in response to a commercial use request (see paragraph (a)(4) of this section) to determine whether any portion of a document located is exempt from disclosure. It also includes processing any documents for disclosure, e.g., performing such functions that are necessary to excise them or otherwise prepare them for release. Review does not include time spent resolving general legal or policy issues regarding the application of FOIA exemptions. ( 4 ) The term commercial use request refers to a request from or on behalf of one who seeks information for a use or purpose that furthers the commercial interests of the requester. In determining whether a requester properly falls within this category, the Commission shall determine the use to which a requester will put the documents requested. Where the Commission has reasonable cause to question the use to which a requester will put the documents sought, or where that use is not clear from the request itself, the Commission shall seek additional clarification before assigning the request to a specific category. The dissemination of records by a representative of the news media ( see § 0.466(a)(7) ) shall not be considered to be for a commercial use. ( 5 ) The term educational institution refers to a preschool, a public or private elementary or secondary school, an institution of graduate higher education, an institution of professional education and an institution of vocational education, which operates a program or programs of scholarly research. ( 6 ) The term non-commercial scientific institution refers to an institution that is not operated on a commercial basis as that term is referenced in paragraph (a)(4) of this section, and which is operated solely for the purpose of conducting scientific research the results of which are not intended to promote any particular product or industry. ( 7 ) The term representative of the news media refers to any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. In this clause, the term news means information that is about current events or that would be of current interest to the public. Examples of news-media entities are television or radio stations broadcasting to the public at large and publishers of periodicals (but only if such entities qualify as disseminators of news) who make their products available for purchase or subscription by, or free distribution to, the general public. These examples are not all-inclusive. Moreover, as methods of news delivery evolve (for example, the adoption of electronic dissemination of newspapers through telecommunications services), such alternative media shall be considered to be news-media entities. A freelance journalist shall be regarded as working for a news-media entity if the journalist can demonstrate a solid basis for expecting publication through that entity, whether or not the journalist is actually employed by the entity. A publication contract would present a solid basis for such an expectation; the Commission may also consider the past publication record of the requester in making such a determination. See 5 U.S.C. 552(a)(4)(A)(ii) . ( 8 ) The term all other requester refers to any person not within the definitions in paragraphs (a)(4) through (a)(7) of this paragraph. ( b ) [Reserved] [ 74 FR 14078 , Mar. 30, 2009, as amended at 76 FR 24389 , May 2, 2011] § 0.467 Search and review fees. ( a ) ( 1 ) Subject to the provisions of this section, an hourly fee shall be charged for recovery of the full, allowable direct costs of searching for and reviewing records requested under § 0.460 or § 0.461 , unless such fees are reduced or waived pursuant to § 0.470 . The fee is based on the pay grade level of the FCC's employee(s) who conduct(s) the search or review, or the actual hourly rate of FCC contractors or other non-FCC personnel who conduct a search. Note to paragraph ( a )(1): The fees for FCC employees will be modified periodically to correspond with modifications in the rate of pay approved by Congress and any such modifications will be announced by public notice and will be posted on the Commission's Web site, http://www.fcc.gov/foia/#feeschedule . ( 2 ) The fees specified in paragraph (a)(1) of this section are computed at Step 5 of each grade level based on the General Schedule or the hourly rate of non-FCC personnel, including in addition twenty percent for personnel benefits. Search and review fees will be assessed in 1 ⁄ 4 hour increments. ( b ) Search fees may be assessed for time spent searching, even if the Commission fails to locate responsive records or if any records located are determined to be exempt from disclosure. ( c ) The Commission shall charge only for the initial review, i.e., the review undertaken initially when the Commission analyzes the applicability of a specific exemption to a particular record. The Commission shall not charge for review at the appeal level of an exemption already applied. However, records or portions of records withheld in full under an exemption that is subsequently determined not to apply may be reviewed again to determine the applicability of other exemptions not previously considered. The costs of such a subsequent review, under these circumstances, are properly assessable. ( d ) The fee charged will not exceed an amount based on the time typically required to locate records of the kind requested. ( e ) ( 1 ) If the Commission estimates that search charges are likely to exceed the greater of $25 or the amount which the requester indicated he/she is prepared to pay, then it shall notify the requester of the estimated amount of fees. Such a notice shall offer the requester the opportunity to confer with Commission personnel with the object of revising or clarifying the request. See § 0.465(c)(2) and § 0.470(d) . ( 2 ) The time for processing a request for inspection shall be tolled while conferring with the requester about his or her willingness to pay the fees required to process the request. See § 0.461(e) . ( f ) When the search has been completed, the custodian of the records will give notice of the charges incurred to the person who made the request. ( g ) The fee shall be paid to the Financial Management Division, Office of Managing Director, or as otherwise directed by the Commission. [ 82 FR 4195 , Jan. 13, 2017] § 0.468 Interest. Interest shall be charged those requesters who fail to pay the fees charged. The agency will begin assessing interest charges on the amount billed starting on the 31st day following the day on which the billing was sent. The date on which the payment is received by the agency will determine whether and how much interest is due. The interest shall be set at the rate prescribed in 31 U.S.C. 3717 . § 0.469 Advance payments. ( a ) The Commission may not require advance payment of estimated FOIA fees except as provided in paragraph (b) or where the Commission estimates or determines that allowable charges that a requester may be required to pay are likely to exceed $250.00 and the requester has no history of payment. Where allowable charges are likely to exceed $250.00 and the requester has a history of prompt payment of FOIA fees the Commission may notify the requester of the estimated cost and obtain satisfactory assurance of full payment. Notification that fees may exceed $250.00 is not, however, a prerequisite for collecting fees above that amount. ( b ) Where a requester has previously failed to pay a fee charged in a timely fashion ( i.e. , within 30 days of the date of the billing), the Commission may require the requester to pay the full amount owed plus any applicable interest as provided in § 0.468 , and to make an advance payment of the full amount of the estimated fee before the Commission begins to process a new request or a pending request from that requester. ( c ) When the Commission acts under paragraph (a) of this section, the administrative time limits prescribed in §§ 0.461(g) and (k) ( i.e. , twenty business days from receipt of initial requests and twenty business days from receipt of appeals from initial denials, plus permissible extensions of these time limits (see § 0.461(g)(1)(i) through (iii) and § 0.461(k)(1)(i) through (iii) ) will begin only after the agency has received the fee payments described in this section. See § 0.461(e)(2)(ii) and § 0.467(e)(2) . § 0.470 Assessment of fees. ( a ) ( 1 ) Commercial use requesters. ( i ) When the Commission receives a request for documents for commercial use, it will assess charges that recover the full direct cost of searching for, reviewing and duplicating the records sought pursuant to § 0.466 and § 0.467 . ( ii ) Commercial use requesters shall not be assessed search fees if the Commission fails to comply with the time limits under § 0.461(g) , except as provided in paragraph (a)(1)(iii) of this section. ( iii ) Commercial requesters may still be assessed search fees when the Commission fails to comply with the time limits under § 0.461(g) if the Commission determines that unusual circumstances apply and more than 5,000 pages are necessary to respond to the request, so long as the Commission has provided a timely written notice to the requester and has discussed with the requester (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request. Additionally, if a court has determined that exceptional circumstances exist, a failure to comply with a time limit under § 0.461(g) will be excused for the length of time provided by the court order. ( 2 ) Educational and non-commercial scientific institution requesters and requesters who are representatives of the news media. ( i ) The Commission shall provide documents to requesters in these categories for the cost of duplication only, pursuant to § 0.465 above, excluding duplication charges for the first 100 pages, provided however, that requesters who are representatives of the news media shall be entitled to a reduced assessment of charges only when the request is for the purpose of distributing information. ( ii ) Educational requesters or requesters who are representatives of the news media shall not be assessed fees for the cost of duplication if the Commission fails to comply with the time limits under § 0.461(g) , except as provided in paragraph (a)(2)(iii) of this section. ( iii ) Educational requesters or requesters who are representatives of the news media may still be assessed duplication fees when the Commission fails to comply with the time limits under § 0.461(g) if the Commission determines that unusual circumstances apply and more than 5,000 pages are necessary to respond to the request, so long as the Commission has provided a timely written notice to the requester and has discussed with the requester (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request. Additionally, if a court has determined that exceptional circumstances exist, a failure to comply with a time limit under § 0.461(g) will be excused for the length of time provided by the court order. ( 3 ) All other requesters. ( i ) The Commission shall charge requesters who do not fit into any of the categories above fees which cover the full, reasonable direct cost of searching for and duplicating records that are responsive to the request, pursuant to § 0.465 and § 0.467 , except that the first 100 pages of duplication and the first two hours of search time shall be furnished without charge. ( ii ) All other requesters shall not be assessed search fees if the Commission fails to comply with the time limits under § 0.461(g) , except as provided in paragraph (a)(3)(iii) of this section. ( iii ) All other requesters may still be assessed search fees when the Commission fails to comply with the time limits under § 0.461(g) if the Commission determines that unusual circumstances apply and more than 5,000 pages are necessary to respond to the request, so long as the Commission has provided a timely written notice to the requester and has discussed with the requester (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request. Additionally, if a court has determined that exceptional circumstances exist, a failure to comply with a time limit under § 0.461(g) will be excused for the length of time provided by the court order. ( b ) ( 1 ) The 100 page restriction on assessment of duplication fees in paragraphs (a)(2) and (3) of this section refers to 100 paper copies of a standard size, which will normally be 8 1 ⁄ 2 ″ x 11″ or 11″ x 14″. ( 2 ) When the agency reasonably believes that a requester or group of requesters is attempting to segregate a request into a series of separate individual requests for the purpose of evading the assessment of fees, the agency will aggregate any such requests and assess charges accordingly. ( c ) When a requester believes he or she is entitled to a waiver pursuant to paragraph (e) of this section, the requester must include, in his or her original FOIA request, a statement explaining with specificity, the reasons demonstrating that he or she qualifies for a fee waiver. Included in this statement should be a certification that the information will not be used to further the commercial interests of the requester. ( d ) If the Commission reasonably believes that a commercial interest exists, based on the information provided pursuant to paragraph (c) of this section, the requester shall be so notified and given an additional ten business days to provide further information to justify receiving a reduced fee. See § 0.467(e)(2) . ( e ) ( 1 ) Copying, search and review charges shall be waived or reduced by the General Counsel when “disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. 552(a)(4)(A)(iii) . Simply repeating the fee waiver language of section 552(a)(4)(A)(iii) is not a sufficient basis to obtain a fee waiver. ( 2 ) The criteria used to determine whether disclosure is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government include: ( i ) Whether the subject of the requested records concerns the operations or activities of the government; ( ii ) Whether the disclosure is likely to contribute to an understanding of government operations or activities; and ( iii ) Whether disclosure of the requested information will contribute to public understanding as opposed to the individual understanding of the requester or a narrow segment of interested persons. ( 3 ) The criteria used to determine whether disclosure is primarily in the commercial interest of the requester include: ( i ) Whether the requester has a commercial interest that would be furthered by the requested disclosure; and, if so ( ii ) Whether the magnitude of the identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requester. ( 4 ) This request for fee reduction or waiver must accompany the initial request for records and will be decided under the same procedures used for record requests. ( 5 ) If no fees or de minimis fees would result from processing a FOIA request and a fee waiver or reduction has been sought, the General Counsel will not reach a determination on the waiver or reduction request. ( f ) Whenever Commission staff determines that the total fee calculated under this section likely is less than the cost to collect and process the fee, no fee will be charged. ( g ) Review of initial fee determinations under § 0.467 through § 0.470 and initial fee reduction or waiver determinations under paragraph (e) of this section may be sought under § 0.461(j) . [ 82 FR 4196 , Jan. 13, 2017] Places for Making Submittals or Requests, for Filing Applications, and for Taking Examinations § 0.471 Miscellaneous submittals or requests. Persons desiring to make submittals or requests of a general nature should communicate with the Secretary of the Commission. [ 36 FR 15121 , Aug. 13, 1971] § 0.473 Reports of violations. Reports of violations of the Communications Act or of the Commission's rules and regulations may be submitted to the Commission in Washington or to any field office. [ 32 FR 10578 , July 19, 1967] § 0.475 Applications for employment. Persons who wish to apply for employment should communicate with the Associate Managing Director-Personnel Management. (Secs. 4(i), 303(n), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(n) ; 47 CFR 0.231(d) ) [ 49 FR 13368 , Apr. 4, 1984] § 0.481 Place of filing applications for radio authorizations. For locations for filing applications, and appropriate fees, see §§ 1.1102 through 1.1107 of this chapter . [ 69 FR 41130 , July 7, 2004] § 0.482 Application for waiver of wireless radio service rules. All requests for waiver of the rules (see § 1.925 of this chapter ) governing the Wireless Radio Services (see § 1.907 of this chapter ) that require a fee (see § 1.1102 of this chapter ) shall be submitted via the Universal Licensing System. Waiver requests that do not require a fee should be submitted via the Universal Licensing System or to: Federal Communications Commission, 1270 Fairfield Road, Gettysburg, Pennsylvania 17325-7245. Waiver requests attached to applications must be submitted in accordance with § 0.401(b) or § 0.401(c) of the rules. [ 63 FR 68919 , Dec. 14, 1998, as amended at 73 FR 9018 , Feb. 19, 2008; 88 FR 44736 , July 13, 2023] § 0.483 Applications for amateur or commercial radio operator licenses. ( a ) Application filing procedures for amateur radio operator licenses are set forth in part 97 of this chapter . ( b ) Application filing procedures for commercial radio operator licenses are set forth in part 13 of this chapter . [ 47 FR 53378 , Nov. 26, 1982, as amended at 78 FR 23151 , Apr. 18, 2013] § 0.484 Amateur radio operator examinations. Generally, examinations for amateur radio operation licenses shall be administered at locations and times specified by volunteer examiners. (See § 97.509 ). When the FCC conducts examinations for amateur radio operator licenses, they shall take place at locations and times designated by the FCC. [ 58 FR 13021 , Mar. 9, 1993] § 0.485 Commercial radio operator examinations. Generally, written and telegraphy examinations for commercial radio operator licenses shall be conducted at locations and times specified by commercial operator license examination managers. (See § 13.209 of this chapter ). When the FCC conducts these examinations, they shall take place at locations and times specified by the FCC. [ 58 FR 9124 , Feb. 19, 1993] § 0.489 [Reserved] § 0.491 Application for exemption from compulsory ship radio requirements. Applications for exemption filed under the provisions of sections 352(b) or 383 of the Communications Act; Regulation 4, chapter I of the Safety Convention; Regulation 5, chapter IV of the Safety Convention; or subpart T of Part 80, must be filed as a waiver request using the procedures specified in § 0.482 . Emergency requests must be filed via the Universal Licensing System or at the Federal Communications Commission, Office of the Secretary. [ 88 FR 77219 , Nov. 9, 2023] § 0.493 Non-radio common carrier applications. All such applications shall be filed at the Commission's offices in Washington, DC. [ 28 FR 12413 , Nov. 22, 1963. Redesignated at 32 FR 10578 , July 19, 1967] Subpart D—Mandatory Declassification of National Security Information Authority: Secs. 4(i), 303(r), Communications Act of 1934, as amended ( 47 U.S.C. 154(i) and 303(r) ). Source: 47 FR 53377 , Nov. 26, 1982, unless otherwise noted. § 0.501 General. Executive Order 12356 requires that information relating to national security be protected against unauthorized disclosure as long as required by national security considerations. The Order also provides that all information classified under Executive Order 12356 or predecessor orders be subject to a review for declassification upon receipt of a request made by a United States citizen or permanent resident alien, a Federal agency, or a state or local government. § 0.502 Purpose. This subpart prescribes the procedures to be followed in submitting requests, processing such requests, appeals taken from denials of declassification requests and fees and charges. § 0.503 Submission of requests for mandatory declassification review. ( a ) Requests for mandatory review of national security information shall be in writing, addressed to the Managing Director, and reasonably describe the information sought with sufficient particularity to enable Commission personnel to identify the documents containing that information and be reasonable in scope. ( b ) When the request is for information originally classified by the Commission, the Managing Director shall assign the request to the appropriate bureau or office for action. ( c ) Requests related to information, either derivatively classified by the Commission or originally classified by another agency, shall be forwarded, together with a copy of the record, to the originating agency. The transmittal may contain a recommendation for action. § 0.504 Processing requests for declassification. ( a ) Responses to mandatory declassification review requests shall be governed by the amount of search and review time required to process the request. A final determination shall be made within one year from the date of receipt of the request, except in unusual circumstances. ( b ) Upon a determination by the bureau or office that the requested material originally classified by the Commission no longer warrants protection, it shall be declassified and made available to the requester, unless withholding is otherwise authorized under law. ( c ) If the information may not be declassified or released in whole or in part, the requester shall be notified as to the reasons for the denial, given notice of the right to appeal the denial to the Classification Review Committee, and given notice that such an appeal must be filed within 60 days of the date of denial in order to be considered. ( d ) The Commission's Classification Review Committee, consisting of the Managing Director (Chairperson), the General Counsel or his/her designee, and the Chief, Internal Review and Security Division, shall have authority to act, within 30 days, upon all appeals regarding denials of requests for mandatory declassification of Commission-originated classifications. The Committee shall be authorized to overrule previous determinations in whole or in part when, in its judgment, continued classification is no longer required. If the Committee determines that continued classification is required under the criteria of the Order, the requester shall be promptly notified and advised that an application for review may be filed with the Commission pursuant to 47 CFR 1.115 . [ 47 FR 53377 , Nov. 26, 1982, as amended at 88 FR 21433 , Apr. 10, 2023] § 0.505 Fees and charges. ( a ) The Commission has designated a contractor to make copies of Commission records and offer them for sale (See § 0.465 ). ( b ) An hourly fee is charged for recovery of the direct costs of searching for requested documents (See § 0.466 ). § 0.506 FOIA and Privacy Act requests. Requests for declassification that are submitted under the provisions of the Freedom of Information Act, as amended, (See § 0.461 ), of the Privacy Act of 1974, (See § 0.554 ) shall be processed in accordance with the provisions of those Acts. Subpart E—Privacy Act Regulations Authority: Secs. 4, 303, 49 Stat. as amended, 1066, 1082 ( 47 U.S.C. 154 , 303 ). Source: 40 FR 44512 , Sept. 26, 1975, unless otherwise noted. § 0.551 Purpose and scope; definitions. ( a ) The purpose of this subpart is to implement the Privacy Act of 1974, 5 U.S.C. 552(a) , and to protect the rights of the individual in the accuracy and privacy of information concerning him which is contained in Commission records. The regulations contained herein cover any group of records under the Commission's control from which information about individuals is retrievable by the name of an individual or by some other personal identifier. ( b ) In this subpart: ( 1 ) Individual means a citizen of the United States or an alien lawfully admitted for permanent residence; ( 2 ) Record means any item, collection or grouping of information about an individual that is maintained by the Commission, including but not limited to, such individual's education, financial transactions, medical history, and criminal or employment history, and that contains such individual's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. ( 3 ) System of Records means a group of records under the control of the Commission from which information is retrievable by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; ( 4 ) Routine Use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected; ( 5 ) System Manager means the Commission official responsible for the storage, maintenance, safekeeping, and disposal of a system of records. (Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(n) ; 47 CFR 0.231(d) ) [ 40 FR 44512 , Sept. 26, 1975, as amended at 49 FR 13368 , Apr. 4, 1984] § 0.552 Notice identifying Commission systems of records. The Commission publishes in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, including for each system of records: ( a ) The name and location of the system; ( b ) The categories of individuals on whom records are maintained in the system; ( c ) The categories of records maintained in the system; ( d ) Each routine use of the records contained in the system, including the categories of users and the purposes of such use; ( e ) The policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records; ( f ) The title and business address of the system manager; ( g ) The address of the agency office to which inquiries should be addressed and the addresses of locations at which the individual may inquire whether a system contains records pertaining to himself; ( h ) The agency procedures whereby an individual can be notified how access can be gained to any record pertaining to that individual contained in a system of records, and the procedure for correcting or contesting its contents; and ( i ) The categories of sources of records in the system. (Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(n) ; 47 CFR 0.231(d) ) [ 40 FR 44512 , Sept. 26, 1975, as amended at 49 FR 13368 , Apr. 4, 1984] § 0.553 New uses of information. Before establishing a new routine use of a system of records, the Commission will publish a notice in the Federal Register of its intention to do so, and will provide at least 30 days for public comment on such use. The notice will contain: ( a ) The name of the system of records for which the new routine use is to be established; ( b ) The authority for the system; ( c ) The categories of records maintained; ( d ) The proposed routine use(s); and ( e ) The categories of recipients for each proposed routine use. § 0.554 Procedures for requests pertaining to individual records in a system of records. ( a ) Upon request, the Commission will notify individuals as to whether it maintains information about them in a system of records and, subject to the provisons of § 0.555(b) , will disclose the substance of such information to that individual. In order to properly request notification or access to record information, reference must be made to the Notice described in § 0.552 . A table of contents, which is alphabetized by bureau or office, precedes the system descriptions and allows members of the public to easily identify record systems of interest to them. An individual may inquire into information contained in any or all systems of records described in the Notice. However, each inquiry shall be limited to information from systems located within a single bureau or office and shall be addressed to that bureau or office. ( b ) Reasonable identification is required of all individuals making requests pursuant to paragraph (a) of this section in order to assure that disclosure of any information is made to the proper person. ( 1 ) Individuals who choose to register a request for information in person may verify their identity by showing any two of the following: social security card; drivers license; employee identification card; medicare card; birth certificate; bank credit card; or other positive means of identification. Documents incorporating a picture and/or signature of the individual shall be produced if possible. If an individual cannot provide suitable documentation for identification, that individual will be required to sign an identity statement stipulating that knowingly or willfully seeking or obtaining access to records about another person under false pretenses is punishable by a fine of up to $5,000. Note: An individual's refusal to disclose his social security number shall not constitute cause in and of itself, for denial of a request. ( 2 ) All requests for record information sent by mail shall be signed by the requestor and shall include his printed name, current address and telephone number (if any). Commission officials receiving such requests will attempt to verify the identity of the requestor by comparing his or her signature to those in the record. If the record contains no signatures and if positive identification cannot be made on the basis of other information submitted, the requestor will be required to sign an identity statement and stipulate that knowingly or willfully seeking or obtaining access to records about another person under false pretense is punishable by a fine of up to $5,000. ( 3 ) If positive identification cannot be made on the basis of the information submitted, and if data in the record is so sensitive that unauthorized access could cause harm or embarrassment to the individual to whom the record pertains, the Commission reserves the right to deny access to the record pending the production of additional more satisfactory evidence of identity. Note: The Commission will require verification of identity only where it has determined that knowledge of the existence of record information or its substance is not subject to the public disclosure requirements of the Freedom of Information Act, 5 U.S.C. 552 , as amended. ( c ) All requests for notification of the existence of record information or for access to such information shall be delivered to the business address of the system manager responsible for the system of records in question, except that requests relating to official personnel records shall be addressed to the Associate Managing Director—Personnel Management. Such addresses can be found in the Federal Register Notice described in § 0.552 . ( d ) A written acknowledgement of receipt of a request for notification and/or access will be provided within 10 days (excluding Saturdays, Sundays, and legal public holidays) to the individual making the request. Such an acknowledgement may, if necessary, request any additional information needed to locate a record. A search of all systems of records identified in the individual's request will be made to determine if any records pertaining to the individual are contained therein, and the individual will be notified of the search results as soon as the search has been completed. Normally, a request will be processed and the individual notified of the search results within 30 days (excluding Saturdays, Sundays, and legal holidays) from the date the inquiry is received. However, in some cases, as where records have to be recalled from Federal Record Centers, notification may be delayed. If it is determined that a record pertaining to the individual making the request does exist, the notification will state approximately when the record will be available for personal review. No separate acknowledgement is required if the request can be processed and the individual notified of the search results within the ten-day period. (Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(n) ; 47 CFR 0.231(d) ) [ 40 FR 44512 , Sept. 26, 1975, as amended at 49 FR 13368 , Apr. 4, 1984] § 0.555 Disclosure of record information to individuals. ( a ) Individuals having been notified that the Commission maintains a record pertaining to them in a system of records may request access to such record in one of three ways: by in person inspection at the system location; by transfer of the record to a nearer location; or by mail. ( 1 ) Individuals who wish to review their records at the system location must do so during regular Commission business hours (8:00 a.m.-4:30 p.m., Monday through Friday). For personal and administrative convenience, individuals are urged to arrange to review a record by appointment. Preferences as to specific dates and times can be made by writing or calling the system manager responsible for the system of records in question at least two days in advance of the desired appointment date, and by providing a telephone number where the individual can be reached during the day in case the appointment must be changed. Verification of identity is required as in § 0.554(b)(1) before access will be granted an individual appearing in person. Individuals may be accompanied by a person of his or her own choosing when reviewing a record. However, in such cases, a written statement authorizing discussion of their record in the presence of a Commission representative having physical custody of the records. ( 2 ) Individuals may request that copies of records be sent directly to them. In such cases, individuals must verify their identity as described in § 0.554(b)(2) and provide an accurate return mailing address or email address. Records shall be sent only to that address. ( b ) The disclosure of record information under this section is subject to the following limitations: ( 1 ) Records containing medical information pertaining to an individual are subject to individual access under this section unless, in the judgment of the system manager having custody of the records after consultation with a medical doctor, access to such record information could have an adverse impact on the individual. In such cases, a copy of the record will be delivered to a medical doctor named by the individual. ( 2 ) Classified material, investigative material compiled for law enforcement purposes, investigatory material compiled solely for determining suitability for Federal employment or access to classified information, and certain testing or examination material shall be removed from the records to the extent permitted in the Privacy Act of 1974, 5 U.S.C. 552(a) . Section 0.561 of this subpart sets forth the systems of records maintained by the Commission which are either totally or partially exempt from disclosure under this subparagraph. ( c ) No fee will be imposed if the number of pages of records requested is 25 or less. Requests involving more than 25 pages shall be submitted to the duplicating contractor (see § 0.456(a) ). ( d ) The provisions of this section in no way give an individual the right to access any information compiled in reasonable anticipation of a civil action or proceeding. ( e ) In the event that a determination is made denying an individual access to records pertaining to that individual for any reason, such individual may either: ( 1 ) Seek administrative review of the adverse determination. Such a request shall be in writing and should be addressed to the system manager who made the initial decision. In addition, the request for review shall state specifically why the initial decision should be reversed. ( 2 ) Seek judicial relief in the district courts of the United States pursuant to paragraph (g)(1)(B) of the Act. (Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(n) ; 47 CFR 0.231(d) ) [ 40 FR 44512 , Sept. 26, 1975, as amended at 40 FR 58858 , Dec. 19, 1975; 49 FR 13369 , Apr. 4, 1984; 80 FR 53749 , Sept. 8, 2015] § 0.556 Request to correct or amend records. ( a ) An individual may request the amendment of information contained in their record. Except as otherwise provided in this paragraph (a) , the request to amend should be submitted in writing to the system manager responsible for the records. Requests to amend the official personnel records of active FCC employees should be submitted to the Associate Managing Director—Human Resources Management, at the address indicated in § 0.401(a) . Requests to amend official personnel records of former FCC employees should be sent to the Assistant Director for Work Force Information, Compliance and Investigations Group, Office of Personnel Management, 1900 E Street, NW., Washington, D.C. 20415. Any request to amend should contain as a minimum: ( 1 ) The identity verification information required by § 0.554(b)(2) and the information needed to locate the record as required by § 0.554(a) . ( 2 ) A brief description of the item or items of information to be amended; and ( 3 ) The reason for the requested change. ( b ) A written acknowledgement of the receipt of a request to amend a record will be provided within 10 days (excluding Saturdays, Sundays, and legal public holidays) to the individual requesting the amendment. Such an acknowledgement may, if necessary, request any additional information needed to make a determination. There will be no acknowledgement if the request can be reviewed, processed, and the individual notified of compliance or denial within the 10 day period. ( c ) The responsible system manager, or in the case of official personnel records of active FCC employees, the Associate Managing Director—Personnel Management, shall (normally within 30 days) take one of the following actions regarding a request to amend: ( 1 ) If the system manager agrees that an amendment to the record is warranted, the system manager shall: ( i ) So advise the individual in writing; ( ii ) Correct the record in compliance with the individual's request; and ( iii ) If an accounting of disclosures has been made, advise all previous recipients of the fact that the record has been corrected and of the substance of the correction. ( 2 ) If the system manager, after an initial review, does not agree that all or any portion of the record merits amendment, the system manager shall: ( i ) Notify the individual in writing of such refusal to amend and the reasons therefore; ( ii ) Advise the individual that further administrative review of the initial decision by the full Commission may be sought pursuant to the procedures set forth in § 0.557 . (In cases where the request to amend involves official personnel records, review is available exclusively from the Assistant Director for Work Force Information, Compliance and Investigations Group, Office of Personnel Management, Washington, DC 20415; and ( iii ) Inform the individual of the procedures for requesting Commission review pursuant to § 0.557 . ( d ) In reviewing a record in response to a request to amend, the system manager shall assess the accuracy, relevance, timeliness, or completeness of the record in light of each data element placed into controversy and the use of the record in making decisions that could possibly affect the individual. Moreover, the system manager shall ajudge the merits of any request to delete information based on whether or not the information in controversy is both relevant and necessary to accomplish a statutory purpose required of the Commission by law or executive order of the President. (Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(n) ; 47 CFR 0.231(d) ) [ 40 FR 44512 , Sept. 26, 1975, as amended at 45 FR 39850 , June 12, 1980; 49 FR 13369 , Apr. 4, 1984; 65 FR 58466 , Sept. 29, 2000; 85 FR 64405 , Oct. 13, 2020] § 0.557 Administrative review of an initial decision not to amend a record. ( a ) Individuals have 30 days from the date of the determination not to amend a record consistent with their request to seek further administrative review by the full Commisison. Such a request shall be in writing and should be addressed to either the system manager who made the initial adverse decision, or, in the case of official personnel records of active FCC employees, to the Assistant Director for Work Force Information, Compliance and Investigations Group, Office of Personnel Management, Washington, DC 20415. Any request for administrative review must: ( 1 ) Clearly identify the questions presented for review (e.g., whether the record information in question is, in fact, accurate; whether information subject to a request to delete is relevant and necessary to the purpose for which it is maintained); ( 2 ) Specify with particularity why the decision reached by the system manager is erroneous or inequitable; and ( 3 ) Clearly state how the record should be amended or corrected. ( b ) The Commission shall conduct an independent review of the record in controversy using the standards of review set out in § 0.556(d) . It may seek such additional information as is necessary to make its determination. Final administrative review shall be completed not later than 30 days (excluding Saturdays, Sundays and legal public holidays) from the date on which the individual requests such review unless the Chairperson determines that a fair and equitable review cannot be made within the 30-day period. In such event, the individual will be informed in writing of the reasons for the delay and the approximate date on which the review is expected to be completed. ( c ) If upon review of the record in controversy the Commission agrees with the individual that the requested amendment is warranted, the Commission will proceed in accordance with § 0.556(c)(1) (i) through (iii) . ( d ) If after the review, the Commission also refuses to amend the record as requested, it shall: ( 1 ) Notify the individual in writing of its refusal and the reasons therefore; ( 2 ) Advise the individual that a concise statement of the reasons for disagreeing with the decision of the Commisison may be filed; ( 3 ) Inform the individual: ( i ) That such a statement should be signed and addressed to the system manager having custody of the record in question; ( ii ) That the statement will be made available to any one to whom the record is subsequently disclosed together with, at the Commission's discretion, a summary of its reasons for refusing to amend the record; and ( iii ) That prior recipients of the record will be provided a copy of the statement of dispute to the extent that an accounting of such disclosures is maintained; and ( 4 ) Advise the individual that judicial review of the Commisison's decision not to amend the record in any district court of the United States is available. (Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(n) ; 47 CFR 0.231(d) ) [ 40 FR 44512 , Sept. 26, 1975, as amended at 45 FR 39850 , June 12, 1980; 49 FR 13369 , Apr. 4, 1984; 88 FR 21433 , Apr. 10, 2023] § 0.558 Advice and assistance. ( a ) Individuals who have questions regarding the procedures contained in this subpart for gaining access to a particular system of records or for contesting the contents of a record, either administratively or judicially, should contact the Privacy Analyst at Privacy@fcc.gov or at the address indicated in § 0.401(a) , Attn: Office of General Counsel. ( b ) Individuals who request clarification of the Notice described in § 0.552 or who have questions concerning the characterization of specific systems of records as set forth therein, should contact the Privacy Analyst at Privacy@fcc.gov or at the address indicated in § 0.401(a) , Attn: Office of the Managing Director. [ 88 FR 21433 , Apr. 10, 2023] § 0.559 Disclosure of disputed information to persons other than the individual to whom it pertains. If the Commission determines not to amend a record consistent with an individual's request, and if the individual files a statement of disagreement pursuant to § 0.557(d)(2) , the Commission shall clearly annotate the record so that the disputed portion becomes apparent to anyone who may subsequently have access to, use or disclose the record. A copy of the individual's statement of disagreement shall accompany any subsequent disclosure of the record. In addition, the Commission may include a brief summary of its reasons for not amending the record when disclosing the record. Such statements become part of the individual's record for granting access, but are not subject to the amendment procedures of § 0.556 . § 0.560 Penalty for false representation of identity. Any individual who knowingly and willfully requests or obtains under false pretenses any record concerning an individual from any system of records maintained by the Commission shall be guilty of a misdemeanor and subject to a fine of not more than $5,000. § 0.561 Exemptions. The following systems of records are totally or partially exempt from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) of the Privacy Act of 1974, 5 U.S.C. 552(a) , and from §§ 0.554 through 0.557 of this subpart : ( a ) System name. Radio Operator Records—FCC/FOB-1. Parts of this system of records are exempt pursuant to Section (k)(2) of the Act because they contain investigatory material compiled solely for law enforcement purposes. ( b ) System name. Violators File (records kept on individuals who have been subjects of FCC field enforcement actions)—FCC/FOB-2. Parts of this system of records are EXEMPT because they are maintained as a protective service for individuals described in section 3056 of title 18, and because they are necessary for Commission employees to perform their duties, pursuant to sections (k) (1), (2), and (3) of the Act. ( c ) System name. Attorney Misconduct Files—FCC/OGC-2. This system of records is exempt pursuant to section 3(k)(2) of the Act because it is maintained for law enforcement purposes. ( d ) System name. Licensees or Unlicensed Persons Operating Radio Equipment Improperly—FCC. Parts of this system of records are exempt pursuant to section 3(k)(2) of the Act because they embody investigatory material compiled solely for law enforcement purposes. ( e ) System name. Personnel Investigation Records—FCC/Central-6. Parts of these systems of records are exempt because they emobdy investigatory material pursuant to sections 3(k)(2) and 3(k)(5) of the Act as applicable. ( f ) System name. Criminal Investigative Files—FCC/OIG-1. Compiled for the purpose of criminal investigations. This system of records is exempt pursuant to section (j)(2) of the Act because the records contain investigatory material compiled for criminal law enforcement purposes. ( g ) System name. General Investigative Files—FCC/OIG-2. Compiled for law enforcement purposes. This system of records is exempt pursuant to section (k)(2) of the Act because the records contain investigatory material compiled for law enforcement purposes. (Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 U.S.C. 154(i) and 303(n) ; 47 CFR 0.231(d) ) [ 40 FR 44512 , Sept. 26, 1975, as amended at 49 FR 13369 , Apr. 4, 1984; 58 FR 11549 , Feb. 26, 1993] Subpart F—Meeting Procedures Authority: Secs. 4, 303, 48 Stat., as amended, 1066, 1082; ( 47 U.S.C. 154 , 303 ). Source: 42 FR 12867 , Mar. 7, 1977, unless otherwise noted. § 0.601 Definitions. For purposes of this section: ( a ) The term agency means: ( 1 ) The Commission, ( 2 ) A board of Commissioners (see § 0.212 ), ( 3 ) The Telecommunications Committee (see § 0.215 ), and ( 4 ) Any other group of Commissioners hereafter established by the Commission on a continuing or ad hoc basis and authorized to act on behalf of the Commission. ( b ) The term meeting means the deliberations among a quorum of the Commission, a Board of Commissioners, or a quorum of a committee of Commissioners, where such deliberations determine or result in the joint conduct or disposition of official agency business, except that the term does not include deliberations to decide whether to announce a meeting with less than seven days notice, or whether a meeting should be open or closed. (The term includes conference telephone calls, but does not include the separate consideration of Commission business by Commissioners.) For purposes of this subpart each item on the agenda of a meeting is considered a meeting or a portion of a meeting. [ 42 FR 12867 , Mar. 7, 1977, as amended at 48 FR 56391 , Dec. 21, 1983; 64 FR 2149 , Jan. 13, 1999] § 0.602 Open meetings. ( a ) All meetings shall be conducted in accordance with the provisions of this subpart. ( b ) Except as provided in § 0.603 , every portion of every meeting shall be open to public observation. Observation does not include participation or disruptive conduct by observers, and persons engaging in such conduct will be removed from the meeting. ( c ) The right of the public to observe open meetings does not alter those rules in this chapter which relate to the filing of motions, pleadings, or other documents. Unless such pleadings conform to the other procedural requirements of this chapter, pleadings based upon comments or discussions at open meetings, as a general rule, will not become part of the official record, will receive no consideration, and no further action by the Commission will be taken thereon. ( d ) Deliberations, discussions, comments or observations made during the course of open meetings do not themselves constitute action of the Commission. Comments made by Commissioners may be advanced for purposes of discussion and may not reflect the ultimate position of a Commissioner. [ 42 FR 12867 , Mar. 7, 1977, as amended at 45 FR 63491 , Sept. 25, 1980] § 0.603 Bases for closing a meeting to the public. Except where the agency finds that the public interest requires otherwise, an agency or advisory committee meeting may be closed to the public, and information pertaining to such meetings which would otherwise be disclosed to the public under § 0.605 may be withheld, if the agency determines that an open meeting or the disclosure of such information is likely to: ( a ) Disclose matters that: ( 1 ) Are specifically authorized under criteria established by executive order to be kept secret in the interest of national defense or foreign policy, and ( 2 ) are in fact properly classified pursuant to such executive order (see § 0.457(a) ); ( b ) Relate solely to the internal personnel rules and practices of an agency (see § 0.457(b) ); ( c ) Disclose matters specifically exempted from disclosure, by statute (other than the Freedom of Information Act, 5 U.S.C. 552 ). Provided, That such statute ( 1 ) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or ( 2 ) establishes particular criteria for withholding or refers to particular types of matters to be withheld (see § 0.457(c) ); ( d ) Disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential (see § 0.457(d) ); ( e ) Involve accusing any person of a crime or formally censuring any person; ( f ) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy (see § 0.457(f) ); ( g ) Disclose investigatory records compiled for law enforcement purposes, or information which if written would be contained in such records, but only to the extent that the production of such records or information would ( 1 ) interfere with enforcement proceedings, ( 2 ) deprive a person of a right to a fair trial or an impartial adjudication, ( 3 ) constitute an unwarranted invasion of personal privacy, ( 4 ) disclose the identity of a confidential source, and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, ( 5 ) disclose investigative techniques and procedures, or ( 6 ) endanger the life or physical safety of law enforcement personnel; ( h ) Disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; ( i ) Disclose information the premature disclosure of which would be likely to significantly frustrate implementation of a proposed agency action, except where the agency has already disclosed to the public the content or nature of the disclosed action, or where the agency is required by law to make such disclosure on its own initiative prior to taking final agency action on such proposal; or ( j ) Specifically concern the agency's issuance of a subpoena, or the agency's participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the agency of a particular case of formal agency adjudication pursuant to the procedures specified in 5 U.S.C. 554 or otherwise involving a determination on the record after opportunity for hearing. § 0.605 Procedures for announcing meetings. ( a ) Notice of all open and closed meetings will be given. ( b ) The meeting notice will be submitted for publication in the Federal Register on or before the date on which the announcement is made. Copies will be available in the Press and News Media Division on the day the announcement is made. Copies will also be attached to “FCC Actions Alert”, which is mailed to certain individuals and groups who have demonstrated an interest in representing the public in Commission proceedings. ( c ) ( 1 ) If the agency staff determines that a meeting should be open to the public, it will, at least one week prior to the meeting, announce in writing the time, place and subject matter of the meeting, that it is to be open to the public, and the name and phone number of the Chief, Press and News Media Division, who has been designated to respond to requests for information about the meeting. ( 2 ) If the staff determines that a meeting should be closed to the public, it will refer the matter to the General Counsel, who will certify that there is (or is not) a legal basis for closing the meeting to the public. Following action by the General Counsel, the matter may be referred to the agency for a vote on the question of closing the meeting (See § 0.606 ). ( d ) ( 1 ) If the question of closing a meeting is considered by the agency but no vote is taken, the agency will, at least one week prior to the meeting, announce in writing the time, place and subject matter of the meeting, that it is to be open to the public, and the name and phone number of the Chief, Press and News Media Division. ( 2 ) If a vote is taken, the agency will, in the same announcement and within one day after the vote, make public the vote of each participating Commissioner. ( 3 ) If the vote is to close the meeting, the agency will also, in that announcement, set out a full written explanation of its action, including the applicable provision(s) of § 0.603 , and a list of persons expected to attend the meeting, including Commission personnel, together with their affiliations. The Commissioners, their assistants, the General Counsel, the Executive Director, the Chief, Press and News Media Division, and the Secretary are expected to attend all Commission meetings. The appropriate Bureau or Office Chief and Division Chief are expected to attend meetings which relate to their responsibilities (see subpart A of this part ). ( 4 ) If a meeting is closed, the agency may omit from the announcement information usually included, if and to the extent that it finds that disclosure would be likely to have any of the consequences listed in § 0.603 . ( e ) If the prompt and orderly conduct of agency business requires that a meeting be held less than one week after the announcement of the meeting, or before that announcement, the agency will issue the announcement at the earliest practicable time. In addition to other information, the announcement will contain the vote of each member of the agency who participated in the decision to give less than seven days notice, and the particular reason for that decision. ( f ) If, after announcement of a meeting, the time or place of the meeting is changed or the meeting is cancelled, the agency will announce the change at the earliest practicable time. ( g ) If the subject matter or the determination to open or close a meeting is changed, the agency will publicly announce the change and the vote of each member at the earliest practicable time. The announcement will contain a finding that agency business requires the change and that no earlier announcement of the change was possible. ( 47 U.S.C. 154 , 155 , 303 ) [ 42 FR 12867 , Mar. 7, 1977, as amended at 44 FR 12425 , Mar. 7, 1979; 44 FR 70472 , Dec. 7, 1979; 64 FR 2150 , Jan. 13, 1999] § 0.606 Procedures for closing a meeting to the public. ( a ) For every meeting closed under § 0.603 , the General Counsel will certify that there is a legal basis for closing the meeting to the public and will state each relevant provision of § 0.603 . The staff of the agency will refer the matter to the General Counsel for certification before it is referred to the agency for a vote on closing the meeting. Certifications will be retained in a public file in the Office of the Secretary. ( b ) The agency will vote on the question of closing a meeting. ( 1 ) If a member of the agency requests that a vote be taken; ( 2 ) If the staff recommends that a meeting be closed and one member of the agency requests that a vote be taken; or ( 3 ) If a person whose interests may be directly affected by a meeting requests the agency to close the meeting for any of the reasons listed in § 0.603 (e) , (f) or (g) , or if any person requests that a closed meeting be opened, and a member of the agency requests that a vote be taken. (Such requests may be filed with the Secretary at any time prior to the meeting and should briefly state the reason(s) for opening or closing the meeting. To assure that they reach the Commission for consideration prior to the meeting, they should be submitted at the earliest practicable time and should be called specifically to the attention of the Secretary—in person or by telephone. It will be helpful if copies of the request are furnished to the members of the agency and the General Counsel. The filing of a request shall not stay the holding of a meeting.) ( c ) A meeting will be closed to the public pursuant to § 0.603 only by vote of a majority of the entire membership of the agency. The vote of each participating Commissioner will be recorded. No Commissioner may vote by proxy. ( d ) A separate vote will be taken before any meeting is closed to the public and before any information is withheld from the meeting notice. However, a single vote may be taken with respect to a series of meetings proposed to be closed to the public, and with respect to information concerning such series of meetings (a vote on each question, if both are presented), if each meeting involves the same particular matters and is scheduled to be held no later than 30 days after the first meeting in the series. ( e ) Less than seven days notice may be given only by majority vote of the entire membership of the agency. ( f ) The subject matter or the determination to open or close a meeting will be changed only if a majority of the entire membership of the agency determines by recorded vote that agency business so requires and that no earlier announcement of the change was possible. [ 42 FR 12867 , Mar. 7, 1977, as amended at 71 FR 15618 , Mar. 29, 2006] § 0.607 Transcript, recording or minutes; availability to the public. ( a ) The agency will maintain a complete transcript or electronic recording adequate to record fully the proceedings of each meeting closed to the public, except that in a meeting closed pursuant to paragraph (h) or (j) of § 0.603 , the agency may maintain minutes in lieu of a transcript or recording. Such minutes shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote. All documents considered in connection with any item will be identified in the minutes. ( b ) A public file of transcripts (or minutes) of closed meetings will be maintained in the Office of the Secretary. The transcript of a meeting will be placed in that file if, after the meeting, the responsible Bureau or Office Chief determines, in light of the discussion, that the meeting could have been open to the public or that the reason for withholding information concerning the matters discussed no longer pertains. Transcripts placed in the public file are available for inspection under § 0.460 . Other transcripts, and separable portions thereof which do not contain information properly withheld under § 0.603 , may be made available for inspection under § 0.461 . When a transcript, or portion thereof, is made available for inspection under § 0.461 , it will be placed in the public file. Copies of transcripts may be obtained from the duplicating contractor pursuant to § 0.465(a) . There will be no search or transcription fee. Requests for inspection or copies of transcripts shall specify the date of the meeting, the name of the agenda and the agenda item number; this information will appear in the notice of the meeting. Pursuant to § 0.465(c)(3) , the Commission will make copies of the transcript available directly, free of charge, if it serves the financial or regulatory interests of the United States. ( c ) The Commission will maintain a copy of the transcript or minutes for a period of at least two years after the meeting, or until at least one year after conclusion of the proceeding to which the meeting relates, whichever occurs later. ( d ) The Commissioner presiding at the meeting will prepare a statement setting out the time and place of the meeting, the names of persons other than Commission personnel who were present at the meeting, and the names of Commission personnel who participated in the discussion. These statements will be retained in a public file in the Minute and Rules Branch, Office of the Secretary. [ 42 FR 12867 , Mar. 7, 1977, as amended at 71 FR 15618 , Mar. 29, 2006] Subpart G—Intergovernmental Communication Source: 66 FR 8091 , Jan. 29, 2001, unless otherwise noted. § 0.701 Intergovernmental Advisory Committee. ( a ) Purpose and term of operations. The Intergovernmental Advisory Committee (IAC) is established to facilitate intergovernmental communication between municipal, county, state and tribal governments and the Federal Communications Commission. The IAC will commence operations with its first meeting convened under this section and is authorized to undertake its mission for a period of two years from that date. At his/her discretion, the Chairperson of the Federal Communications Commission may extend the IAC's term of operations for an additional two years, for which new members will be appointed as set forth in paragraph (b) of this section. Pursuant to Section 204(b) of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1534(b) , the IAC is not subject to, and is not required to follow, the procedures set forth in the Federal Advisory Committee Act. 5 U.S.C., App. 2 (1988). ( b ) Membership. The IAC will be composed of 30 members (or their designated employees), with a minimum of: Four elected municipal officials (city mayors and city council members); two elected county officials (county commissioners or council members); one elected or appointed local government attorney; one elected state executive (governor or lieutenant governor); three elected state legislators; one elected or appointed public utilities or public service commissioner; and three elected or appointed Native American tribal representatives. The Chairman of the Commission will appoint members through an application process initiated by a Public Notice, and will select a Chairman and a Vice Chairman to lead the IAC. The Chairperson of the Commission will appoint members through an application process initiated by a Public Notice, and will select a Chairperson and a Vice Chairperson to lead the IAC. The Chairperson of the Commission will also appoint members to fill any vacancies and may replace an IAC member, at his or her discretion, using the appointment process. Members of the IAC are responsible for travel and other incidental expenses incurred while on IAC business and will not be reimbursed by the Commission for such expenses. ( c ) Location and frequency of meetings. The IAC will meet in Washington, DC four times a year. Members must attend a minimum of fifty percent of the IAC's yearly meetings and may be removed by the Chairperson of the IAC for failure to comply with this requirement. ( d ) Participation in IAC meetings. Participation at IAC meetings will be limited to IAC members or employees designated by IAC members to act on their behalf. Members unable to attend an IAC meeting should notify the IAC Chairperson a reasonable time in advance of the meeting and provide the name of the employee designated on their behalf. With the exception of Commission staff and individuals or groups having business before the IAC, no other persons may attend or participate in an IAC meeting. ( e ) Commission support and oversight. The Chairperson of the Commission, or Commissioner designated by the Chairperson for such purpose, will serve as a liaison between the IAC and the Commission and provide general oversight for its activities. The IAC will also communicate directly with the Chief, Consumer & Governmental Affairs Bureau, concerning logistical assistance and staff support, and such other matters as are warranted. [ 68 FR 52519 , Sept. 4, 2003, as amended at 83 FR 733 , Jan. 8, 2018; 88 FR 21433 , Apr. 10, 2023]
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